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Our Children's Earth Foundation v. U.S. Environmental Protection Agency, 3:13-cv-2857-JSW-KAW. (2015)

Court: District Court, N.D. California Number: infdco20150317951 Visitors: 2
Filed: Mar. 16, 2015
Latest Update: Mar. 16, 2015
Summary: STIPULATION FOR BRIEFING SCHEDULE ON ATTORNEYS FEE MOTION; [PROPOSED] ORDER KANDIS A. WESTMORE , Magistrate Judge . Pursuant to Civil Local Rules 6-2 and 54-5, Plaintiffs Our Children's Earth Foundation and Ecological Rights Foundation ("Plaintiffs"), and Defendants U.S. Environmental Protection Agency and Gina McCarthy, Administrator, U.S. Environmental Protection Agency ("Defendants") hereby stipulate and respectfully request of the Court an order providing a briefing schedule and h
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STIPULATION FOR BRIEFING SCHEDULE ON ATTORNEYS FEE MOTION; [PROPOSED] ORDER

Pursuant to Civil Local Rules 6-2 and 54-5, Plaintiffs Our Children's Earth Foundation and Ecological Rights Foundation ("Plaintiffs"), and Defendants U.S. Environmental Protection Agency and Gina McCarthy, Administrator, U.S. Environmental Protection Agency ("Defendants") hereby stipulate and respectfully request of the Court an order providing a briefing schedule and hearing date for Plaintiffs' motion for attorneys fees and costs.

WHEREAS, on August 25, 2014, the Court entered the parties' negotiated Consent Decree to resolve the substantive claims at issue (other than claims for costs of litigation) in the above-captioned case, Dkt. # 55;

WHEREAS, under the Consent Decree, the Court retained jurisdiction to construe, implement, modify, or enforce the terms of the Consent Decree, and for granting any further relief as the interests of justice may require, id. at 12;

WHEREAS, under Paragraph 24 of the Consent Decree the parties attempted to reach agreement on attorney fees and costs, id. at 8;

WHEREAS, the Parties previously requested and the Court granted an order providing Plaintiffs until February 28, 2015 to file their motion for attorney fees so they could continue settlement discussions;

WHEREAS, Paragraph 24 of the Consent Decree provides that Defendants may file their Opposition at least 45 days after the any motion for attorneys fees is filed;

WHEREAS, Plaintiffs filed their motion for attorneys fees and costs on February 26, 2015;

NOW THEREFORE, the parties respectfully request that the Court enter the attached order providing Defendants until April 23, 2015 to file their opposition to Plaintiffs' motion for attorneys fees; providing Plaintiffs until May 6, 2015 to file their reply in support of their motion for attorneys fees; and providing that the hearing on this matter be scheduled for May 21, 2015 at 11:00 a.m.

[PROPOSED] ORDER

The above STIPULATION FOR THE BREIFING SCHEDULE ON ATTORNEYS FEE MOTION is GRANTED. Defendants shall have until April 23, 2015 to file their opposition to Plaintiffs' motion for attorneys fees and costs; Plaintiffs shall have until May 6, 2015 to file their reply in support of their motion, and the Court shall schedule the hearing on May 21, 2015 at 11:00 a.m.

Source:  Leagle

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