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Natural Resources Defense Council, et al v. Kenneth Lee Salazar

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


December 16, 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

KATHERINE POOLE, State Bar No. 195010 MICHAEL E. WALL, State Bar No. 170238 Natural Resources Defense Council 111 Sutter St., 20th Floor

San Francisco, CA 94104 kpoole@nrdc.org; mwall@nrdc.org Telephone: (415) 875-6100

HAMILTON CANDEE, State Bar No. 111376

CASEY ROBERTS, State Bar No. 253474

Altshuler Berzon LLP 177 Post Street, Suite 300

San Francisco, CA 94108 hcandee@altshulerberzon.com; croberts@altshulerberzon.com Telephone: (415) 421-7151

Attorneys for Plaintiff NRDC

TRENT W. ORR, State Bar No. 77656 MICHAEL R. SHERWOOD, State Bar No. 63702 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 torr@earthjustice.org; msherwood@earthjustice.org Telephone: (510) 550-6700 Attorneys for Plaintiffs

PARTIES' FOURTH 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 45 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. On October 21, 2010, the Court granted a subsequent stipulated request for stay for an additional 60 days. Doc. 908.

5. 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.

6. 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. 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' motion for an award of attorneys' fees and costs for 45 days from the date of the Court's order granting such stay. Respectfully submitted this 15 day of December, 2010.

Pursuant to the stipulation of the parties,

IT IS SO ORDERED.

/s/

DEAC_Signature-END:

20101216

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