UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
December 14, 2011
SAN FRANCISCO BAYKEEPER, A CALIFORNIA NON-PROFIT CORPORATION, PLAINTIFF,
WEST BAY SANITARY DISTRICT, A CALIFORNIA INDEPENDENT MUNICIPAL CORPORATION,
The opinion of the court was delivered by: Judge: Honorable Edward M. Chen
[PROPOSED] ORDER REQUIRING PAYMENT OF PLAINTIFF'S INTERIM FEES AND COSTS AWARD
Location: United States District Court 450 Golden Gate Ave Courtroom 5, 17th Floor
Plaintiff San Francisco Baykeeper's ("Plaintiff") motion for an interim award of attorneys' fees 3 and costs came on for hearing before the Court on October 7, 2011. Docket No. 139. In its order on 4 Plaintiff's motion, the Court found that Plaintiff was entitled to an award of $435,621.37 in fees and 5 costs as a prevailing party under the Clean Water Act. Docket No. 174. During the further status 6 conference for this matter on December 2, 2011, the Court deferred payment of Plaintiff's interim fees 7 and costs as awarded until resolution of Defendant West Bay Sanitary District's ("Defendant") 8 application for leave to file a motion pursuant to Rule 12(h). See Docket No. 175. On December 12, 9 2011, in their updated joint status report, the parties informed the Court that Defendant no longer intends 10 to seek leave to file its proposed motion. Therefore further deferral is unwarranted. Moreover, Defendant's payment of interim fees and costs awarded by the Court is unrelated to Defendant's 12 previously proposed motion. See Chesapeake Bay Found. v. Gwaltney, 484 U.S. 49, 67 n.6 (1987) (to 13 protect citizen-plaintiffs, the award of litigation costs under section 1365(d) extends to "plaintiffs in 14 actions which result in successful abatement but do not reach a verdict"). 15
After careful consideration of the relevant legal authority, all papers filed by Plaintiff and Defendant related to Defendant's payment of Plaintiff's interim fees and costs, and good cause 17 appearing: 18
IT IS ORDERED that Defendant shall reimburse Plaintiff $435,621.37 in litigation costs, including attorneys' fees and other costs, awarded by the Court within 30 days of the date of this order. 20
IT IS FURTHER ORDERED that the payment required by this Order shall be made in the form 21 of a check payable to "Lawyers for Clean Water Attorney Client Trust Account" addressed to: 1004-A 22 O'Reilly Avenue, San Francisco, CA 94129, sent overnight delivery. 23
IT IS SO ORDERED.
HONORABLE EDWARD CHE UNITED STATES DISTRICT JUDGE
Payment of Interim Fees and Costs R Judge
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