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Pacific Coast Federation of Fishermen's Associations/Institute v. Plaintiffs

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


December 10, 2010

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

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

PARTIES'SIXTH 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 45 days, to January 25, 2011. 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 three additional extensions. See Docs. 468, 470 and 472. The current extension is to December 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 45 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 45days from the end of the current stay, to January 25, 2011.

Respectfully submitted this 9th day of December, 2010.

Michael R. Sherwood 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 (authorized 9/9/10) BRIDGET KENNEDY MCNEIL, Trial Attorney United States Department of Justice Wildlife and Marine Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 Ph: (303) 844-1484 Fax: (303) 844-1350 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.

DEAC_Signature-END:

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20101210

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