Opinion
DANIEL J. O'HANLON, HANSPETER WALTER, REBECCA R. AKROYD, KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD, A Professional Corporation, Sacramento, CA.
EILEEN M. DIEPENBROCK, JONATHAN R. MARZ,, DIEPENBROCK ELKIN LLP, Sacramento, CA Attorneys for Plaintiff SAN LUIS & DELTA-MENDOTA WATER
BENJAMIN B. WAGNER, United States Attorney, J. EARLENE GORDON Assistant United State Attorney, JOHN C. CRUDEN Assistant Attorney General
STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS' FEES AND OTHER EXPENSES
LAWRENCE J. O'NEILL, District Judge.
To facilitate settlement discussions regarding Plaintiff San Luis & Delta-Mendota Water Authority's ("Authority") claim for attorneys' fees and other expenses in this case, the Authority and Defendants United States Department of Interior, Sally Jewell, Secretary of Interior, et al. ("Defendants") jointly move this Court to stay briefing on the Authority's motion for an award of attorneys' fees and other expenses for 120 days. In support of this motion, the Authority and Defendants stipulate as follows:
1. The Court entered judgment in this action on March 25, 2015. Doc. 115. Defendants filed a Notice of Appeal on May 22, 2015. Doc. 116. Defendants subsequently filed a motion for voluntary dismissal of the appeal on September 14, 2015. On September 15, 2015, the Ninth Circuit Court of Appeals issued an order granting Federal Defendants' motion to dismiss the appeal, and dictated that the order "shall serve as and for the mandate of this court." Doc. 119. The Ninth Circuit's order represents the "final order disposing of any appeal" and September 15, 2015 is therefore the date of "final judgment" in this action. See Doc. 119; see also 28 U.S.C. § 2412(d)(1)(B).
2. Concurrently with this joint motion and stipulation, the Authority has filed a motion for an award of attorneys' fees and other expenses for this litigation. Before filing the motion for award of attorneys' fees and other expenses, the Authority presented Defendants with a confidential request to settle its claim, which request includes the amount sought to date, an itemized statement of the actual time expended by attorneys, experts, and other personnel representing or appearing on behalf of the Authority, the rates at which fees and other expenses were computed, and an itemized statement of other expenses incurred in the litigation. Defendants are, thus, in receipt of the information specified by the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(B), as well as Local Rule 293, and will not be prejudiced by the Authority deferring the filing of memoranda, evidentiary and other materials supporting its motion at this time.
3. Discussions regarding the Authority's request are ongoing, and the Authority and Defendants seek additional time to attempt to settle the Authority's claims without unnecessarily burdening the Court. The Authority and Defendants agree that briefing and argument on the Authority's claim for fees and other expenses may be unnecessary in light of the parties' intent to attempt to settle the Authority's claim.
4. Accordingly, the Authority and Defendants agree that further proceedings on the Authority's motion for an award of fees and other expenses, including the filing of further memoranda and evidentiary and other materials supporting that motion, and any opposition thereafter, should be stayed for 120 days to allow for settlement discussions.
5. At the conclusion of 120 days, the Authority and Defendants will apprise the Court of any settlement or further requested action, or jointly propose a briefing schedule to address the Authority's motion for fees and other expenses if there has been no settlement. That schedule will provide for the Authority to supplement its motion for award of attorneys' fees and other expenses with documentation of all time and expenses sought, including the additional time spent in seeking fees, opposition by Defendants, and reply by the Authority, with a hearing if the Court deems a hearing necessary.
Based on the joint stipulation set forth above, the parties respectfully request that this Court stay briefing and argument on the Authority's concurrently filed motion for an award of attorneys' fees and other expenses for 120 days from the date of the Court's order granting such stay, in the manner provided above.
IT IS SO ORDERED.