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Pacific Coast Federation Of Fishermen's Associations/Institute For Fisheries Resources v. Gutierrez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 18, 2009

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS/INSTITUTE FOR FISHERIES RESOURCES, ET AL., PLAINTIFFS,
v.
CARLOS M. GUTIERREZ, IN HIS OFFICIAL CAPACITY AS SECRETARY OF COMMERCE ET AL., DEFENDANTS.
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, ET AL., DEFENDANT-INTERVENORS.

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

Whereas judgment was entered in this case "in favor of Plaintiffs and against Defendants" on September 9, 2009 (Doc. 458); and

Whereas Plaintiffs assert that they are prevailing parties in this case and intend to seek reasonable attorneys' fees and costs against the Federal Defendants; and

Whereas Civil Local Rule 54-292 provides that a bill of costs must be filed by the prevailing party within ten days after entry of judgment; and

Whereas Civil Local Rule 54-293 provides that motions for attorneys' fees must be filed not later than 30 days after entry of final judgment; and

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

Whereas the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, is one of the statutes under which Plaintiffs may seek attorneys fees and costs; and

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

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

Whereas Plaintiffs have not previously sought an extension of time in this matter; Now therefore, the Plaintiffs and Federal Defendants stipulate and agree, and request that the Court enter an order, extending the deadline for Plaintiffs to file a motion for attorneys' fees, costs, and other expenses under Civil Local Rules 54-292 and 54-293 and Federal Rule of Civil Procedure 54(d)(2)(B) to be the same deadline as that for filing a motion under EAJA, which would fall on December 9, 2009 under the existing schedule. Before filing a motion for attorneys' fees, costs, and other expenses, Plaintiffs will meet and confer with Federal Defendants in a good faith attempt to settle the issue. By entering into this stipulation, Federal Defendants do not waive any defenses as to whether Plaintiffs are entitled to any attorneys' fees, costs, or other expenses.

20090918

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