Opinion
Case No. 2:09-cv-2523-LKK-JFM
04-23-2013
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.
David A. Bahr (OSB No. 90199) Bahr Law Offices, P.C. Lisa T. Belenky (CSB No. 203225) Center for Biological Diversity Erik Schlenker-Goodrich (New Mexico Bar No. 7875) Western Environmental Law Center Attorneys for Plaintiffs IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division JASON A. HILL (DC 477543) JOHN P. TUSTIN (TX 24056458) Trial Attorneys Natural Resources Section J. BRETT GROSKO (Maryland Bar) Trial Attorney Wildlife and Marine Resources Section Environment and Natural Resources Division U.S. Department of Justice Attorneys for Federal Defendants
David A. Bahr (OSB No. 90199)
Bahr Law Offices, P.C.
Lisa T. Belenky (CSB No. 203225)
Center for Biological Diversity
Erik Schlenker-Goodrich (New Mexico Bar No. 7875)
Western Environmental Law Center
Attorneys for Plaintiffs
IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
JASON A. HILL (DC 477543)
JOHN P. TUSTIN (TX 24056458)
Trial Attorneys
Natural Resources Section
J. BRETT GROSKO (Maryland Bar)
Trial Attorney
Wildlife and Marine Resources Section
Environment and Natural Resources Division
U.S. Department of Justice
Attorneys for Federal Defendants
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.
IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
________________________
David A. Bahr
Bahr Law Offices, P.C.
1035 ½Monroe Street
Eugene, OR 97402
________________________
Jason A. Hill
John P. Tustin
Trial Attorneys
Natural Resources Section
Lisa T. Belenky
Center for Biological Diversity
351 California St., Suite 600
San Francisco, CA 94104
J. Brett Grosko
Trial Attorney
Wildlife and Marine Resources Section
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.
________________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT