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Natural Resources Defense Council v. Salazar

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


October 21, 2010

NATURAL RESOURCES DEFENSE COUNCIL, ET AL., PLAINTIFFS,
v.
KENNETH LEE SALAZAR, IN HIS OFFICIAL CAPACITY AS SECRETARY OF INTERIOR, ET AL., DEFENDANTS.
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, ET AL., DEFENDANT-INTERVENORS. ANDERSON-COTTONWOOD IRRIGATION DISTRICT, ET AL., JOINED PARTIES.

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

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

To facilitate settlement discussions regarding Plaintiffs' claim for attorneys' fees and costs in this case, Plaintiffs Natural Resources Defense Council, et al. ("Plaintiffs") and Defendants Kenneth Lee Salazar, Secretary of Interior, et al. ("Federal Defendants") jointly move this Court to stay briefing on Plaintiffs' motion for an award of attorneys' fees and costs for an additional 60 days. In support of this motion, Plaintiffs and Federal Defendants stipulate as follows:

1. Judgment was entered in this case on September 23, 2009. Doc. 873. On October 8, 2009, the Court entered an order extending the deadline for Plaintiffs to file a motion for attorneys' fees, costs and other expenses to December 22, 2009, assuming no appeal. Doc. 875. Subsequently, several parties timely appealed, including Plaintiffs and Federal Defendants, suspending the timeline for filing a motion for fees, costs and other expenses. Doc. 881; Doc. 883.

2. On July 29, 2010, Plaintiffs filed a motion for an award of attorneys' fees and costs for their work on this litigation. Doc. 903. Before filing their motion for award of attorneys' fees and costs, Plaintiffs presented Federal Defendants with a confidential request to settle their claim, which request includes the amount sought to date, an itemized statement of the actual time expended by attorneys, experts, and other personnel representing or appearing on behalf of the Plaintiffs, and the rates at which fees and other expenses were computed.

3. Concurrently with the filing of Plaintiffs' motion, Plaintiffs and Federal Defendants sought a stay of briefing and argument on Plaintiffs' motion for 90 days in an effort to settle Plaintiffs' claim. Doc. 904. On July 30, 2010, the Court granted the requested stay. Doc. 905.

4. Discussions regarding Plaintiffs' request are ongoing, and Plaintiffs and Federal Defendants seek additional time to attempt to settle Plaintiffs' claims without unnecessarily burdening the Court. Plaintiffs and Federal Defendants agree that briefing and argument on Plaintiffs' claim for fees and costs may be unnecessary in light of the parties' intent to attempt to settle Plaintiffs' claim.

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 60 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. If the parties are unable to reach a settlement of Plaintiffs' claim, Plaintiffs will supplement their motion for award of attorneys' fees and costs with documentation of all time and expenses sought, including the additional time spent in seeking fees.

Based on the joint stipulation set forth above, the parties respectfully request that this Court stay briefing and argument on Plaintiffs' concurrently filed motion for an award of attorneys' fees and costs for 60 days from the date of the Court's order granting such stay, in the manner provided above.

Respectfully submitted this 19th day of October, 2010.

DATED: October 19, 2010

TRENT W. ORR Attorney for Plaintiffs

KATHERINE S. POOLE Attorney for Plaintiff

Natural Resources Defense Council

IGNACIA S. MORENO Assistant Attorney General United States Department of Justice Environment and Natural Resources Division SETH M. BARSKY, Acting Section Chief

Bradley H. Oliphant (as authorized 10/18/10) BRADLEY H. OLIPHANT, Trial Attorney United States Department of Justice Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: (202) 305-0207 Facsimile: (202) 305-0275

WILLIAM SHAPIRO, Trial Attorney U.S. Department of Justice

Environment & Natural Resources Division 501 I Street, Suite 9-700 Sacramento, CA 95814-2322 Attorneys for Federal Defendants

Pursuant to the stipulation of the parties,

IT IS SO ORDERED.

20101021

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