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Council for Endangered Species Act Reliability v. Salazar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 3, 2010

COUNCIL FOR ENDANGERED SPECIES ACT RELIABILITY, A NONPROFIT ORGANIZATION, PLAINTIFF,
v.
KEN SALAZAR, AS SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES FISH AND WILDLIFE SERVICE; SAM HAMILTON, AS DIRECTOR OF THE UNITED STATES FISH AND WILDLIFE SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR; REN LOHOEFENER, AS REGIONAL DIRECTOR OF THE UNITED STATES FISH AND WILDLIFE SERVICE, PACIFIC SOUTHWEST REGION, UNITED STATES DEPARTMENT OF THE INTERIOR, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

[Assigned to Hon. Oliver W. Wanger -- Dept. 3]

STIPULATION AND ORDER REGARDING NOTIFYING THE COURT OF FINAL SETTLEMENT [August 3, 2010 Joint Report Re Settlement of Attorney's Fees and Costs filed concurrently herewith]

WHEREAS, on April 21, 2010, this Court issued an order requiring that the parties notify the Court of whether they have reached a settlement as to the payment of CESAR's attorney's fees and costs within 60 days of Defendants receiving CESAR's itemization of them;

WHEREAS, Defendants received CESAR's itemization of proposed fees and costs on May 21, 2010, requiring the parties to notify the Court no later than July 20, 2010;

WHEREAS, on July 21, 2010, this Court extended the time to August 3, 2010, to notify the Court of whether the parties reached a settlement as to the payment of CESAR's attorney's fees and costs;

WHEREAS, the parties reached an agreement in principal to settle CESAR's attorney's fees and costs, but require a further extension of time because before a settlement agreement may be finalized, Defendants must receive final agency approval of the settlement amount recommended by counsel for Defendants, which could take several weeks based on the multiple agency reviews involved; and

NOW THEREFORE, IT IS HEREBY STIPULATED, and agreed to by and between CESAR and Ken Salazar, the U.S. Department of the Interior, the Service, Sam Hamilton, and Ren Lohoefener ("Defendants") that the time to notify the Court of whether the parties have reached a final settlement is extended to September 9, 2010. If a settlement agreement cannot be finalized, pursuant to the April 21 order, CESAR's fee motion would be due within 30 days, October 11, 2010.

IT IS SO ORDERED.

20100803

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