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Citizens for Better Forestry v. U.S. Dep't of Agriculture

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 14, 2009

CITIZENS FOR BETTER FORESTRY, ET AL., PLAINTIFFS,
v.
U.S. DEPT OF AGRICULTURE, ET AL., DEFENDANTS.
DEFENDERS OF WILDLIFE, ET AL., PLAINTIFFS,
v.
ED SCHAFER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

PARTIES' STIPULATION AND ORDER RE: DEADLINE FOR MOTION FOR ATTORNEYS' FEES

14 days of entry of judgment, unless stipulated otherwise by the parties and ordered by the Court, and it also provides that the parties must meet and confer before a party may file a motion for award 4 of attorney fees; provided by statute or order of the Court, a motion for attorneys' fees must be filed and served no later than 14 days after entry of judgment; under which Plaintiffs will seek attorneys fees and costs in this case; apply for them "within 30 days of final judgment in the action," and EAJA defines "final judgment" as "a judgment that is final and not appealable," extending the deadline for Plaintiffs to file a motion for attorneys' fees, costs, and other expenses under Civil Local Rule 54-6 and Federal Rule of Civil Procedure 54(d)(2)(B) to be the same deadline as that for filing a motion under EAJA. Before filing a motion for attorneys' fees, costs, and other expenses, Plaintiffs will meet and confer with Defendants in a good faith attempt to settle the issue. By entering into this stipulation, Defendants do not waive any defenses as to whether

Whereas Civil Local Rule 54-6 provides that motions for attorneys' fees must be filed within

Whereas Federal Rule of Civil Procedure 54(d)(2)(B) provides that, unless otherwise

Whereas the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, is one of the statutes

Whereas EAJA provides that "a party seeking an award of fees and other expenses' may

Whereas the judgment in this case becomes unappealable 60 days after its entry;

Whereas Plaintiffs have not previously sought an extension of time from Civil Local Rule

Accordingly, the parties stipulate and agree, and request that the Court enter an order,

Plaintiffs are entitled to any attorneys' fees, costs, or other expenses.

Pursuant to the stipulation of the parties, IT IS SO ORDERED.

20090714

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