Tulalip Tribes et al v. Kelly et al

Filing 47

STIPULATION AND ORDER to Extend Deadline for Plaintiffs' Motion for Attorneys' Fees and Costs re parties' 46 Stipulated Motion. Signed by Judge Marsha J. Pechman. (SWT)(Kevin K McAleenan added. John F. Kelly terminated. )

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The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE TULALIP TRIBES, et al.,

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Case No. 2:17-cv-652-MJP
Plaintiffs,

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v.

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KEVIN K. McALEENAN, 1 et al.,

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Defendants.

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NOTED ON MOTION CALENDAR:
FRIDAY, SEPTEMBER 27, 2019

Pursuant to LCR 10(g), Plaintiffs, the Tulalip Tribes and Suquamish Tribe, and Federal
Defendants, U.S. Coast Guard, et al., (“the Parties”) jointly stipulate and request an order
extending the deadline for Plaintiffs’ motion for attorneys’ fees and costs under 16 U.S.C. § 1540
(g)(4) by 31 days, from September 30, 2019 to October 31, 2019.

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STIPULATION AND ORDER TO EXTEND
DEADLINE FOR PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES AND COSTS

The Court granted the parties stipulated dismissal of this action without prejudice on
July 9, 2019. Dkt. 45. That order also provided that Plaintiffs will file an application for
attorneys’ fees and costs under 16 U.S.C. § 1540 (g)(4) on September 30, 2019 “in the event
efforts to resolve any such claim are not productive.” Id. Since that time, the Parties have
initiated, but have not yet completed, a good-faith effort to resolve Plaintiffs’ claim for attorneys’
fees and costs without the need to further involve the Court. The Parties believe that an

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The current officeholders are substituted as defendants. See Fed. R. Civ. P. 25(d).

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STIPULATION TO EXTEND DEADLINE FOR FEE MOTION
Case No. 2:17-cv-652-MJP

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additional 31 days will allow the parties to conclude those discussions. Accordingly, the Parties
stipulate and respectfully request an order extending the due date for any such motion until
October 31, 2019, in the event that their ongoing efforts to resolve these claims are not
productive.
Respectfully submitted this 27th day of September, 2019.

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Presented by:
/s/ Stephen D. Mashuda
STEPHEN D. MASHUDA (WSB #36968)
KRISTEN L. BOYLES (WSB #23806)
Earthjustice
705 Second Avenue, Suite 203
Seattle, WA 98104
[phone] | Phone
[phone] | Fax
[e-mail]
[e-mail]
BRETTNY HARDY (Pro Hac Vice)
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111
[phone] | Phone
[e-mail]
Attorneys for Plaintiffs, The Tulalip Tribes and The Suquamish Tribe
ANNETTE L. HAYES
United States Attorney
BRIAN C. KIPNIS
Assistant United States Attorney
5220 United States Courthouse
700 Stewart Street
Seattle, WA 98101-1671
Ph: [phone]/Fax: [phone]
E-mail: [e-mail]
JEAN E. WILLIAMS, Deputy Assistant Attorney General
SETH M. BARSKY, Section Chief

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STIPULATION TO EXTEND DEADLINE FOR FEE MOTION
Case No. 2:17-cv-652-MJP

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/s/ John H. Martin*
JOHN H. MARTIN, Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th St., South Terrace, Ste. 370
Denver, CO 80202
Ph: 303-844-1383/ Fax: [phone]
[e-mail]
Attorneys for Defendants
Attorneys for Federal Defendants
*Per e-mail authorization

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated this _1st_ day of _October, 2019.

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A

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Marsha J. Pechman
United States Senior District Judge

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STIPULATION TO EXTEND DEADLINE FOR FEE MOTION
Case No. 2:17-cv-652-MJP

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CERTIFICATE OF SERVICE
I hereby certify that on September 27, 2019, I caused the foregoing to be filed and

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served upon counsel of record via the Court’s CM/ECF filing system, which will send notice

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of such to all counsel of record.

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September 27, 2019

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/s/ Stephen D. Mashuda
STEPHEN D. MASHUDA

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STIPULATION TO EXTEND DEADLINE FOR FEE MOTION
Case No. 2:17-cv-652-MJP

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