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Center For Biological Diversity, Los Padres Forestwatch v. U.S. Fish and Wildlife Service

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 2, 2012

CENTER FOR BIOLOGICAL DIVERSITY, LOS PADRES FORESTWATCH,
SIERRA CLUB, DEFENDERS OF WILDLIFE,
CALIFORNIA NATIVE PLANT SOCIETY,
PLAINTIFFS,
v.
U.S. FISH AND WILDLIFE SERVICE,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL MARINE FISHERIES SERVICE, AND U.S. FOREST SERVICE,
DEFENDANTS.

The opinion of the court was delivered by: Edward M. Chen United States District Judge

STIPULATION AND JOINT MOTION RE: PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS AND [PROPOSED] ORDER TO STAY BRIEFING TO ALLOW SETTLEMENT DISCUSSIONS

Plaintiffs have filed their motion for attorneys' fees, costs, and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, and the Endangered Species Act, 16 U.S.C. § 3 1540(g)(4). In order to facilitate the ongoing settlement discussions regarding Plaintiffs' motion, the 4 Plaintiffs and Defendants jointly move this Court to stay briefing on Plaintiffs' motion for 60 days. In 5 support of this motion, Plaintiffs and Defendants stipulate as follows: 6

1. Concurrently with this stipulation and joint motion, Plaintiffs have filed a motion for 7 attorneys' fees and costs. Plaintiffs' motion will be supplemented as appropriate to account for any 8 future litigation in this case. 9

2. Plaintiffs and Defendants agree that briefing and argument on Plaintiffs' claim for 10 attorneys' fees and costs may be unnecessary in light of the parties' attempt to settle Plaintiffs' claim. 11

3. Plaintiffs and Defendants agree that further proceedings on Plaintiffs' motion for an 12 award of attorneys' fees and costs, including the filing of memoranda and other materials supporting 13 that motion, should be deferred for 60 days. At that time, Plaintiffs and Defendants will either jointly 14 propose a briefing schedule to address Plaintiffs' motion for attorneys' fees and costs, or the parties will 15 otherwise apprise the Court of the status of Plaintiffs' motion and any request for action by the Court. 16 Based on the foregoing, the parties respectfully request that this Court stay briefing and 17 argument on Plaintiffs' concurrently filed motion for attorneys' fees and costs for 60 days from the date 18 of the Court's order granting such stay. 19

Dated this 2nd day of July, 2012. Respectfully submitted, /s/ Marc D. Fink Marc D. Fink, pro hac vice 21 Attorney for Plaintiffs 22 /s/ Robert Williams Robert Williams 23 Attorney for Defendants

Pursuant to the parties' stipulation, IT IS SO ORDERED.

IT IS SO ORDERED

Edward M. Chen Judge

20120702

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