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Center For Sierra Nevada Conservation v. Ramiro Villalvazo

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


April 25, 2013

CENTER FOR SIERRA NEVADA CONSERVATION,
CENTER FOR BIOLOGICAL DIVERSITY, AND
FOREST ISSUES GROUP, NON-PROFIT CORPORATIONS, PLAINTIFFS,
v.
RAMIRO VILLALVAZO, IN HIS OFFICIAL CAPACITY AS FOREST SUPERVISOR FOR THE ELDORADO NATIONAL FOREST,
UNITED STATES FOREST SERVICE, DEFENDANTS, AND CALIFORNIA ASSOC. OF 4 WHEEL DRIVE CLUBS, ET AL., DEFENDANT-INTERVENORS.

PLAINTIFFS' AND FEDERAL DEFENDANTS' STIPULATION AND ORDER REGARDING THE DEADLINE FOR MOTION FOR ATTORNEYS' FEES AND COSTS

Whereas by order dated February 28, 2013, the Court stayed briefing on Plaintiffs' petition for costs and attorney fees until April 26, 2013, by which time the Parties were to advise the Court on the status of the their settlement discussions. Dkt. No. 134; Whereas Plaintiffs and Federal Defendants have engaged in substantive good-faith discussions attempting to negotiate a settlement of the issue of costs and attorney fees; Whereas on April 16, 2013, Plaintiffs and Federal Defendants reached an agreement in principle on Plaintiffs' claim for costs and attorney fees; Whereas this agreement is subject to the review and approval by the appropriate supervisory officials at the Department of Justice and Department of Agriculture; Whereas the Federal Defendants estimate that it will take approximately ninety (90) days to perform the review and approval of the agreement in principle;

Whereas Defendant-Intervenors have not participated in the negotiations, and thus have not formed a position but have been consulted regarding this stipulation and do not oppose any request that the primary parties continue negotiations; Accordingly, Plaintiffs and Federal Defendants stipulate and agree, and request that the Court enter an order staying until July 25, 2013, the deadline for Plaintiffs to file a motion for attorneys' fees, costs, and other expenses. If no agreement appears forthcoming, the Parties will submit a proposed schedule for briefing the fee petition. 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 April 23, 2013. IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division /s/ David A. Bahr (with permission) /s/ John P. Tustin 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 P.O. Box 1507 Taos, NM 87571 Attorneys for Plaintiffs

ORDER

This matter having come before the Court upon Plaintiffs' and Federal Defendants' stipulation and proposed order regarding the deadline for motion for attorneys' fees and costs, and the Court being fully advised in the premises and good cause appearing;

IT IS HEREBY ORDERED that briefing on Plaintiffs' application for fees and costs is stayed until July 25, 2013. If no agreement appears forthcoming, the Parties will submit a proposed schedule for briefing the fee petition.

20130425

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