IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 16, 2010
ARC ECOLOGY, ET AL., PLAINTIFFS, QUALITY CONTROL BOARD, SAN FRANCISCO BAY REGION, PLAINTIFF-INTERVENOR
UNITED STATES MARITIME ADMINISTRATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Garland E. Burrell United States District Judge
JOINT STIPULATION AND and [PROPOSED] ORDER EXTENDING CALIFORNIA REGIONAL WATER DEADLINE FOR MOTION FOR ATTORNEYS' FEES
Judge: Hon. Garland E. Burrell, Jr.
WHEREAS on April 14, 2010, the Court entered a consent decree in this litigation that eliminates the need for a trial on remedy and designates all Plaintiffs as "prevailing parties" within the meaning of 33 U.S.C. § 1365(d), and Environmental Plaintiffs as "prevailing parties" within the meaning of 42 U.S.C. § 6972(e); and
WHEREAS the proposed consent decree states that the parties will attempt to resolve any claims to attorneys' fees through negotiation; and
WHEREAS on April 14, 2010, and again on May 26, 2010, pursuant to stipulations by the parties, the Court extended the deadline for all Plaintiffs to file a bill of costs and a motion for attorneys' fees to facilitate the parties' attempt to resolve any claims to attorneys' fees and costs through negotiation;
WHEREAS, the current extension of time to file a bill of costs and a motion for attorneys' fees will run on July 28, 2010;
WHEREAS the Environmental Plaintiffs and Defendants have reached a tentative settlement agreement on the matter of attorneys' fees and costs subject to required governmental review and approval processes, and believe that additional time is necessary to complete these review and approval processes;
THEREFORE, Environmental Plaintiffs and Defendants stipulate and agree that Environmental Plaintiffs shall have until August 25, 2010 to file a bill of costs under Civil Local Rule 54-292 and to file a motion for attorneys' fees under Civil Local Rule 54-293 and Federal Rule of Civil Procedure 54(d)(2)(B), and request that the Court grant such extension.
Pursuant to the stipulation of the parties, IT IS SO ORDERED.
CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2010, I electronically transmitted the foregoing Joint Stipulation and [Proposed] Order Extending Deadline for Motion for Attorneys' Fees to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
Leslie M. Hill Leslie.Hill@usdoj.gov
Michelle R. Lambert Michelle.Lambert@usdoj.gov
Tara L. Mueller firstname.lastname@example.org
Christiana Tiedemann email@example.com
Michael Wall firstname.lastname@example.org
Thomas Cmar email@example.com
Scott Allen firstname.lastname@example.org
David A. Nicholas email@example.com
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