STIPULATION AND JOINT MOTION TO STAY BRIEFING RE: PLAINTIFF CENTER FOR BIOLOGICAL DIVERSITY'S MOTION FOR ATTORNEYS' FEES AND COSTS

ORDER

ANDREW P. GORDON, District Judge.

Plaintiff Center for Biological Diversity ("the Center") has filed a motion for attorneys' fees, costs, and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. In order to facilitate the ongoing settlement discussions regarding the Center's motion, the Center and Federal Defendants jointly move this Court to stay briefing on the Center's motion for 60 days. In support of this motion, the Center and Federal Defendants stipulate as follows:

1. Concurrently with this stipulation and joint motion, the Center has filed a motion for attorney fees' and costs. The Center's motion will be supplement as appropriate to account for any future litigation in this case.

2. The Center and Federal Defendants agree that briefing and argument on the Center's claim for attorneys' fees and costs may be unnecessary in light of the parties' attempt to settle the Center's claim.

3. The Center and Federal Defendants agree that future proceedings on the Center's motion for an award of attorneys' fees and costs, including the filing of a supporting brief and other materials supporting that motion, should be deferred for 60 days. At that time, the Center and Federal Defendants will either jointly propose a briefing schedule to address the Center's motion for attorneys' fees and costs, or the parties will otherwise apprise the Court of the status of the Center's motion and any request for action by the Court.

Based on the foregoing, the Center and Federal Defendants respectfully request that this Court stay briefing and argument on the Center's concurrently filed motion for attorneys' fees and costs for 60 days from the date of the Court's order granting such stay.

IT IS SO ORDERED.