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California Native Plant Society v. United States Environmental Protection Agency

United States District Court, Ninth Circuit

August 23, 2013

CALIFORNIA NATIVE PLANT SOCIETY, DEFENDERS OF WILDLIFE, and BUTTE ENVIRONMENTAL COUNCIL, Plaintiffs,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, and UNITED STATES ARMY CORPS OF ENGINEERS, Defendants. SUNRIDGE-ANATOLIA, LLC, et al., Defendant-Intervenors.

Assistant Attorney General, United States Department of Justice, Environment and Natural Resources Division, CAROL L. DRAPER, Trial Attorney, PA Bar No. 39388, Natural Resources Section, Washington, D.C.

PAUL CIRINO Trial Attorney, NY Bar No. 2777464, Washington, D.C.

ERIK PETERSEN, Trial Attorney, NY Bar No. 489073, Wildlife & Marine Resources Section, Washington, D.C.

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

Deborah A. Sivas, (Calif. Bar No. 135446) ENVIRONMENTAL LAW CLINIC, Mills Legal Clinic at Stanford Law School, Crown Quadrangle, Stanford, California.

Neil Levine, (Calif. Bar No. 163557), LAW OFFICE Denver, Colorado. Attorneys for Plaintiffs

STIPULATED REQUEST TO EXTEND DEADLINE FOR FEDERAL DEFENDANTS' RESPONSE TO PLANITIFFS' MOTION FOR ATTORNEYS' FEES UNDER EQUAL ACCESS TO JUSTICE ACT

PHYLLIS J. HAMILTON, District Judge.

Pursuant to Local Rule 6-2, the parties stipulate to a 7 day extension of the briefing schedule for Federal Defendants' Response to Plaintiffs' Motion for Attorneys' Fees under the Equal Access to Justice Act (EAJA). Plaintiffs seek EAJA fees against the U.S. Army Corps of Engineers (USACE), Sacramento District Office (District) and the other Federal Defendants, U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service. Under the briefing schedule proposed by the parties and adopted by the Court, Federal Defendants' opposition brief to Plaintiffs' EAJA motion is currently due on August 23, 2013 and Plaintiffs' reply brief is due on September 20, 2013. Order, dated April 8, 2013 (ECF No. 321).

Federal Defendants proposed this requested extension because the USACE's sole declarant and the District representative principally involved in gathering and summarizing materials that support the USACE's opposition brief was unexpectedly called away from the office this week due to a family medical situation and anticipates being in the office only intermittently for the next week.

The parties respectfully request that the Court revise the briefing schedule to extend the deadline for Federal Defendants' opposition brief to August 30, 2013.

This is the parties' first extension request. The case is now closed and no hearing date has been set on Plaintiffs' EAJA motion so granting the extension will not interfere with any scheduled proceeding.


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