PARTIES' STIPULATION AND [PROPOSED]
Case No. 2:09-cv-2523-LKK-JFM
ORDER RE: DEADLINE FOR MOTION FOR ATTORNEYS' FEES, COSTS AND EXPENSES
PARTIES' STIPULATION AND ORDER RE: DEADLINE FOR MOTION FOR ATTORNEYS' FEES, COSTS AND EXPENSES
WHEREAS Civil Local Rule 293(a) provides that motions for attorneys' fees must be filed within 28 days of entry of judgment;
WHEREAS, the Court entered its Judgment in this matter on July 31, 2012 (Dkt. No. 113), and motions for attorneys' fees under L.R. 293 are to be filed no later than August 28, 2012;
WHEREAS, Plaintiffs will seek attorneys fees, costs and expenses in this case under both the Endangered Species Act ("ESA"), 16 U.S.C. § 1540(g)(4), and the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412;
WHEREAS, Federal Rule of Civil Procedure 54(d)(2)(B) provides that, unless otherwise provided by statute or order of the Court, a motion for attorneys' fees must be filed and served no later than 14 days after entry of judgment;
WHEREAS, EAJA provides that "a party seeking an award of fees and other expenses" may apply for them "within 30 days of final judgment in the action," and EAJA defines "final judgment" as "a judgment that is final and not appealable," 28 U.S.C. §§ 2412(d)(1)(B) and (d)(2)(g);
WHEREAS, the Court's Judgment in this matter becomes non-appealable under Fed. R. App. P. 4(a)(1)(B) sixty days after entry. Therefore, an application for fees and costs under EAJA in this case must be made no later than Monday, October 29, 2012 (90 days after entry of the Court's Judgment);
WHEREAS, Plaintiffs have previously sought an extension of time as to the deadline to file any motion for attorneys' fees and costs under the ESA, and the Court thereby extended the ESA deadline until September 18, 2012 (Dkt. No. 115);
Accordingly, the parties stipulate and agree, and request that the Court enter an order extending the deadline for Plaintiffs to file a motion for attorneys' fees, costs, and other expenses under Civil Local Rules 292 and 293, and Federal Rule of Civil Procedure 54(d)(2)(B), with the same deadline as that for filing a motion for attorneys' fees, costs, and expenses under EAJA. Before filing a motion for attorneys' fees, costs, and expenses, Plaintiffs will meet and confer with Federal Defendants in a good faith attempt to settle this issue. By entering into this Stipulation, Federal Defendants do not waive any defenses as to whether Plaintiffs are entitled to any attorneys' fees, costs or expenses in this case. Respectfully submitted on September 12 , 2012.
IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division /s/ David Bahr _____ /s/ Jason Hill_________________ David A. Bahr Jason A. Hill Bahr Law Offices, P.C. John P. Tustin 1035 1/2 Monroe Street Trial Attorneys Eugene, OR 97402 Natural Resources Section Lisa T. Belenky J. Brett Grosko Center for Biological Diversity Trial Attorney 351 California St., Suite 600 Wildlife and Marine Resources Section San Francisco, CA 94104 Attorneys for Federal Defendants
Erik Schlenker-Goodrich Western Environmental Law Center /s/ Paul Turcke ________________ P.O. Box 1507 Paul A. Turcke Taos, NM 87571 Moore Smith Buxton & Turcke 950 West Bannock Street, Suite 520 Attorneys for ...