Opinion
No. C-05-00991-CW.
September 30, 2005
KELLY A. JOHNSON, Acting Assistant Attorney General Environment and Natural Resources Division, United States Department of Justice.
DAVID B. GLAZER (D.C. 400966; MD), Natural Resources Section, Environment and Natural Resources Division United States Department of Justice, San Francisco, California.
KEVIN V. RYAN (SBN 118321), United States Attorney,
JOANN M. SWANSON (SBN 88143), Assistant United States Attorney, Chief, Civil Division.
JAMES A. CODA (SBN 1012669(WI)), Assistant United States Attorney, Environment Natural Resources Unit, Civil Division, U.S. Attorney's Office, Northern District of California, San Francisco, CA, Attorneys for the United States of America.
Andrew P. Caputo, SBN 203655, David E. Newman, SBN 233263, NATURAL RESOURCES DEFENSE COUNCIL, San Francisco, CA, Attorneys for Plaintiffs League for Coastal, Protection, Natural Resources Defense Council, for the Plaintiffs.
Linda Krop, SBN 118773, ENVIRONMENTAL DEFENSE CENTER, Santa Barbara, CA, Attorney for Plaintiffs The Otter Project, Sierra, Club, Citizens Planning Association of Santa, Barbara County, Defenders of Wildlife, Environment California, Get Oil Out!, Santa, Barbara Channelkeeper, Surfrider Foundation, for the Defendants.
STIPULATION AND ORDER STAYING CONSIDERATION OF PLAINTIFFS' BILL OF COSTS
The parties submit this Stipulation and [Proposed] Order Staying Consideration of the Plaintiffs' Bill of Costs until the time that the Court takes up plaintiffs' petition for attorneys fees, should plaintiffs file one.
In support of this Stipulation, the parties recite that:
1. Judgment in plaintiffs' favor was entered in this case on August 31, 2005, following the Court's ruling on the parties' cross-motions for summary judgment.
2. Defendants have until October 31, 2005, to file a notice of appeal.
3. On September 13, 2005, the Court granted the parties' stipulation extending the time for plaintiffs to file an attorneys' fees petition until November 30, 2005, should defendants not appeal, or within 30 days of final judgment following exhaustion of further opportunity to appeal, should an appeal be taken.
4. On September 8, 2005, plaintiff filed their bill of costs.
5. The defendants agree that the costs enumerated in plaintiffs' bill of costs are properly taxable costs; however, defendants believe that it would be appropriate to defer consideration of those costs until the Court takes up the larger question of plaintiffs' entitlement to attorneys fees and other expenses, should plaintiffs file a petition for fees and expenses. Accordingly, the parties stipulate to the [proposed] order, set out below, providing that the Court will defer consideration of plaintiffs' bill of costs until the time that plaintiffs file a petition for attorneys' fees and expenses.
SO STIPULATED.