The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
PARTIES' FIFTH STIPULATION AND ORDER RE: MOTION FOR ATTORNEYS' FEES
Plaintiffs Pacific Coast Federation of Fishermen's Associations/Institute for Fisheries Resources, et al. ("Plaintiffs") and Defendants Carlos M. Gutierrez, Secretary of Commerce, et al. ("Federal Defendants") (collectively the "Parties") are still engaged in the process of seeking a negotiated resolution of Plaintiffs' pending motion for attorneys' fees and costs in this case. The Parties believe that these continuing discussions are productive and are likely to avoid the need for judicial review of the motion.
To allow time for the Parties to seek to reach a negotiated resolution, the Parties stipulate and agree, and request that the Court enter an order, to stay briefing on Plaintiffs' motion for an award of attorneys' fees and costs for an additional 90 days, to December 10, 2010. In support of this request, Plaintiffs and Federal Defendants stipulate as follows:
1. Judgment was entered in this case on September 9, 2009 (Doc. No. 458), and no party has appealed.
2. On December 8, 2009, Plaintiffs filed a motion for an award of attorneys' fees and costs for their work on this litigation. Doc. No. 465. No hearing date was set; instead, concurrently with the filing of the motion, Plaintiffs and Federal Defendants filed their Second Stipulation and Proposed Order Re: Motion for Attorneys' Fees (Doc. No. 464) which explained that before filing their motion for attorneys' fees Plaintiffs had presented Federal Defendants with a confidential letter request to settle their claim including specifics about the amount sought to date, and that settlement negotiations regarding Plaintiffs' claim were ongoing. Plaintiffs and Federal Defendants sought an additional 120 days (to April 13, 2010) before having to brief Plaintiffs' motion within which to pursue possible settlement. On December 14, 2009, the Court approved the parties' second stipulation. Doc. No. 466.
3. Since then the Parties have requested and the Court has granted two additional extensions. See Docs. 468 and 470. The current extension is to September 10, 2010.
4. As mentioned above, the Parties believe their ongoing discussions are productive and desire additional time to seek to resolve this matter by negotiated resolution.
5. Accordingly, Plaintiffs and Federal Defendants agree that further proceedings on Plaintiffs' motion for an award of fees and costs, including the filing of memoranda and evidentiary and other materials supporting that motion, should be stayed for an additional 90 days. At that time, Plaintiffs and Federal Defendants will either jointly propose a briefing schedule to address Plaintiffs' motion for fees and costs, or the parties shall otherwise apprise this Court of the status of Plaintiffs' motion and any request for action by this Court.
Based on the joint stipulation set forth above, the parties respectfully request that this Court stay briefing and argument on Plaintiffs' motion for an award of attorneys' fees and costs for an additional 90days from the end of the current stay, to December 10, 2010.
Respectfully submitted this 7th day of September, 2010.
MICHAEL R. SHERWOOD TRENT W. ORR GEORGE TORGUN Attorneys for Plaintiffs
KATHERINE S. POOLE HAMILTON CANDEE CASEY A. ROBERTS Attorneys for Plaintiff Natural Resources Defense Council
IGNACIA MORENO Assistant Attorney General JEAN E. WILLIAMS, Section Chief United States Department of Justice Environment and Natural Resources Division
BRIDGET KENNEDY MCNEIL, Trial Attorney United States Department of Justice Wildlife and Marine Resources Section 1961 Stout St., 8th Floor Denver, CO ...