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Center for Sierra Nevada Conservation v. Villalvazo

United States District Court, Ninth Circuit

July 29, 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.

ROBERT G. DREHER, Acting Assistant Attorney General, Environment and Natural Resources Division.

David A. Bahr, Bahr Law Offices, P.C., Eugene, OR,

Jason A. Hill, John P. Tustin, Trial Attorneys, Natural Resources Section.

Lisa T. Belenky, Center for Biological Diversity, San Francisco, CA,

J. Brett Grosko, Trial Attorney, Wildlife and Marine Resources Section, Attorneys for Federal Defendants.

Erik Schlenker-Goodrich, Western Environmental Law Center, Taos, NM, Attorneys for Plaintiffs.

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

LAWRENCE K. KARLTON, District Judge.

Whereas by order dated April 26, 2013, the Court stayed briefing on Plaintiffs' petition for costs and attorney fees until July 25, 2013, by which time the Parties were to advise the Court on the status of the their settlement discussions. Dkt. No. 136;

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 Plaintiffs and Federal Defendants have identified terms for an agreement in principle that resolves Plaintiffs' claim for costs and attorney fees and drafted a proposed agreement;

Whereas the proposed agreement remains 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 six additional weeks to complete the review and gain approval of the proposed agreement by the appropriate supervisory officials at the Department of Justice and Department of Agriculture;

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 September 5, 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.

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 September 5, 2013. If no agreement appears forthcoming, the Parties will submit a proposed schedule for briefing the fee petition.


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