Opinion
STEPHAN C. VOLKER (CSB #63093), JOSHUA A.H. HARRIS (CSB #226898), MARNIE E. RIDDLE (CSB #233732), LAW OFFICES OF STEPHAN C. VOLKER, Oakland, California, Attorneys for Plaintiffs,
SUE ELLEN WOOLDRIDGE, Assistant Attorney General, BARCLAY T. SAMFORD (NMBN 12323), Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Div., Denver, CO, Attorneys for Defendants.
ORDER APPROVING STIPULATED SCHEDULE FOR RESOLUTION OF PLAINTIFFS' CLAIM TO ATTORNEY'S FEES AND COSTS.
SAUNDRA BROWN ARMSTRONG, District Judge.
Upon consideration of the parties' stipulation, and for good cause shown, it is ORDERED that the following procedure shall govern resolution of Plaintiffs' claim to attorney's fees and under EAJA for the above captioned matter:
1. The deadline for filing a fee motion under EAJA is 90 days from the Ninth Circuit's October 16, 2006 decision, or January 14, 2007;
2. The issue of whether Plaintiffs are entitled to an award of attorneys' fees and costs under EAJA in this case is bifurcated from the issue of the amount of any such award;
3. On December 29, 2006, Plaintiffs will file a brief on the issue of their entitlement to fees and costs under EAJA and shall notice a hearing on that issue pursuant to Local Civil Rule 7-2(a);
4. Defendants will file a brief in response to Plaintiffs' brief regarding entitlement to fees and costs as provided by Local Civil Rule 7-3(a);
5. Plaintiffs will file a reply on the issue of their entitlement to fees and costs under EAJA as provided by Local Civil Rule 7-3(c); and
6. Should the Court determine that Plaintiffs are entitled to an award of fees and costs under EAJA, the parties will engage in good faith efforts to resolve the amount of such an award. Should such negotiations fail, the parties will submit to the Court, within 30 days of the Court's decision regarding Plaintiffs' entitlement to an award of fees and costs, a stipulated schedule for resolution of the issue of the amount of such award.
IT IS SO ORDERED.