STIPULATION AND ORDER FOR MOTION TO DISMISS AND MOTION FOR ATTORNEYS' FEES BRIEFING SCHEDULE

MORRISON C. ENGLAND, Jr., Chief District Judge.

Pursuant to Local Rule 143 the following stipulation is entered into between Plaintiffs South Yuba River Citizens League and Friends of the River (collectively "Plaintiffs") and National Marine Fisheries Service ("NMFS"); U.S. Department of Commerce; Penny Pritzker as Secretary of Commerce; William Stelle as Regional Administrator of the NMFS West Coast Region; the U.S. Army Corps of Engineers ("Corps"); John McHugh as Secretary of the Army; and Colonel Michael Farrell, as District Commander, Sacramento District (collectively "Federal Defendants").1

WHEREAS in the above captioned case, Plaintiffs sought relief and injunction against the Corps and NMFS, raising claims relating to the February 2012 Biological Opinion for the Corps' operation and maintenance of Englebright and Daguerre Point Dams on the Yuba River ("2012 BiOp"), issued by NMFS pursuant to the Endangered Species Act ("ESA");

WHEREAS on August 13, 2013, the Court granted a stay of proceedings while Federal Defendants pursued an administrative process to develop a new biological opinion that would supersede the 2012 BiOp;

WHEREAS on May 12, 2014 NMFS issued a new final biological opinion regarding Daguerre Point Dam, and issued a final letter of concurrence concerning the Corps' activities at Englebright Dam;

WHEREAS on May 13, 2014 Federal Defendants filed with the Court a Notice of Completion of ESA Consultation And Request For Status Conference that proposed that the Court direct the parties to confer and jointly file a case management statement as to their positions regarding further proceedings in this litigation;

WHEREAS counsel for the parties have conferred and have agreed to move for dismissal of Plaintiffs' claims without prejudice;

WHEREAS Plaintiffs have also informed Federal Defendants of their intention to move for attorneys fees and costs;

THEREFORE, by and through counsel, the parties do hereby stipulate to the following briefing schedule for the motion to dismiss and Plaintiffs' motion for attorneys fees;

1. Plaintiffs shall file the motion to dismiss and their motion for attorneys fees and costs by September 19, 2014. Plaintiffs will provide Federal Defendants with a copy of their native format Excel billing spreadsheets prior to or concurrently with the filing of their motion.

2. Federal Defendants shall file their opposition to Plaintiffs' motion for attorneys fees and costs by October 10, 2014.

3. Plaintiffs shall file their reply in support of their motion for attorneys fees and costs by October 23, 2014.

4. The hearing for the motion to dismiss and Plaintiffs' motion for attorneys fees and costs shall be noticed for October 30, 2014.

ORDER

The Court having read and considered the foregoing stipulation, and good cause appearing,

IT IS SO ORDERED.