Communities for a Better Environment et al v. United States Environmental Protection Agency et al, No. 3:2007cv03678 - Document 50 (N.D. Cal. 2009)

Court Description: ORDER GRANTING 49 Stipulation by All Parties for Extension of Time to File Motion for Attorneys' Fees. Signed by Judge Jeffrey S. White on 1/26/09. (jjo, COURT STAFF) (Filed on 1/26/2009)

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Communities for a Better Environment et al v. United States Environmental Protection Agency et al Case 3:07-cv-03678-JSW 1 2 3 4 5 6 7 8 9 10 Document 49 Filed 01/23/2009 Doc. 50 Page 1 of 6 JOSEPH P. RUSSONIELLO United States Attorney CHARLES M. O’CONNOR (CA State Bar No. 56320) Assistant United States Attorney 450 Golden Gate Ave., 10th Floor San Francisco, California 94102 Tel: (415) 436-7180 JOHN C. CRUDEN Acting Assistant Attorney General Environmental and Natural Resources Division MARTHA C. MANN (Fla. Bar No. 155950) Trial Attorney U.S. Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Tel: (202) 514-2664 Fax: (202) 514-8865 Email: martha.mann@usdoj.gov 11 12 ATTORNEYS FOR DEFENDANTS 13 14 15 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 16 17 18 19 20 21 22 23 24 25 26 27 28 THIRD STIPULATION AND [PROPOSED] ORDER FOR EXTENSION TO SUBMIT MOTION FOR ATTORNEY’S FEES Case No. 07-03678 JSW Dockets.Justia.com Case 3:07-cv-03678-JSW 1 2 3 4 5 6 7 8 9 10 11 Document 49 ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, and LISA P. ) JACKSON, Administrator of the United States Environmental Protection Agency,1/ ) ) Defendants. ) ) ______________________________________) COMMUNITIES FOR A BETTER ENVIRONMENT, ROCKY MOUNTAIN CLEAN AIR ACTION, COALITION FOR A SAFE ENVIRONMENT, and PHYSICIANS FOR SOCIAL RESPONSIBILITY-LOS ANGELES, Filed 01/23/2009 Page 2 of 6 Case No. C 07-3678 JSW THIRD STIPULATION AND [PROPOSED] ORDER FOR EXTENSION TO SUBMIT MOTION FOR ATTORNEY’S FEES 12 This stipulation is entered into by Plaintiffs, Communities for a Better Environment, 13 14 Rocky Mountain Clean Air Action, Coalition for a Safe Environment, and Physicians for Social 15 Responsibility-Los Angeles, and Defendants, the United States Environmental Protection 16 Agency and Lisa P. Jackson, in consideration of the following facts: 17 1. The Court entered Judgment on November 24, 2008. Dkt. #44. 18 2. Pursuant to Local Rule 54-6, any motion for attorney’s fees must be filed within 14 19 days of the entry of Judgment. 3. 20 On December 1, 2008, the Court entered an order, pursuant to a stipulation by the 21 Parties, extending the time to file a motion for attorneys’ fees until December 22, 2008. Dkt. 22 # 46. 4. 23 24 Parties, further extending the time to file a motion for attorneys’ fees until January 26, 2009. 5. 25 26 On December 12, 2008, the Court entered an order, pursuant to a stipulation by the The Parties agree that there is good cause for a third extension of time for filing a Motion for Attorney’s Fees until April 7, 2009. The Parties have reached a settlement as to 27 1 28 / Pursuant to Federal Rule of Civil Procedure 25(d), Lisa P. Jackson is substituted for Stephen L. Johnson. THIRD STIPULATION AND [PROPOSED] ORDER FOR EXTENSION 2 TO SUBMIT MOTION FOR ATTORNEY’S FEES Case No. 07-03678 JSW Case 3:07-cv-03678-JSW Document 49 Filed 01/23/2009 Page 3 of 6 1 attorneys’ fees. The settlement has been finalized, and the Parties are in the process of executing 2 the settlement agreement and arranging for payment of the fees. The requested extension allows 3 for the payment of fees to be fully processed and performed, and the Parties agree that an 4 extension of an additional 70 days will be sufficient to allow that process to be completed. 5 NOW, THEREFORE, pursuant to Local Rules 6-2 and 7-12, by and through their 6 undersigned counsel, the Parties hereby stipulate to the entry of an order extending Plaintiffs’ 7 time up to and including Monday, April 7, 2009, to file a Motion for Attorneys’ Fees. 8 9 Respectfully submitted, 10 Dated: January 23, 2009 /s/ Robert S. Ukeiley 11 ROBERT S. UKEILEY (State Bar No. 90056) Pro Hac Vice Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Telephone: (859) 986-5402 Facsimile: (866) 618-1017 Email: rukeiley@igc.org SHANA D.G. LAZEROW (State Bar No. 195491) Communities for a Better Environment 1440 Broadway Suite 701 Oakland, California 94612 Telephone: (510) 302-0430 Facsimile: (510) 302-0438 Email: slazerow@cbecal.org 12 13 14 15 16 17 18 19 Attorney for Plaintiffs 20 21 JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division 22 23 24 25 26 27 28 Dated: January 23, 2009 /s/ Martha C. Mann MARTHA C. MANN (Fla. Bar No. 155950) Trial Attorney United States Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Telephone: (202) 514-2664 THIRD STIPULATION AND [PROPOSED] ORDER FOR EXTENSION 3 TO SUBMIT MOTION FOR ATTORNEY’S FEES Case No. 07-03678 JSW Case 3:07-cv-03678-JSW 1 Document 49 Filed 01/23/2009 Page 4 of 6 Facsimile: (202) 514-8865 Email: martha.mann@usdoj.gov 2 Attorney for Defendants 3 4 5 PURSUANT TO STIPULATION, IT IS SO ORDERED. 6 7 8 9 10 11 January 26, 2009 DATED: __________ __________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIRD STIPULATION AND [PROPOSED] ORDER FOR EXTENSION 4 TO SUBMIT MOTION FOR ATTORNEY’S FEES Case No. 07-03678 JSW Case 3:07-cv-03678-JSW 1 2 Document 49 Filed 01/23/2009 Page 5 of 6 CERTIFICATE OF SERVICE On January 23, 2009, a true and correct copy of the foregoing was served electronically via the Court’s e-filing system to the following Counsel of Record. 3 4 5 6 7 8 Adrienne L. Bloch Communities for a Better Environment 1440 Broadway, #701 Oakland, CA 94612 510-302-0430 510-302-0438 (fax) abloch@cbecal.org 9 10 11 12 13 14 Shana D.G. Lazerow Communities for a Better Environment 1440 Broadway Suite 701 Oakland, CA 94612 (510) 302-0430 (510) 302-0438 (fax) slazerow@cbecal.org 15 16 17 18 19 Robert Steven Ukeiley 435R Chestnut Street Suite 1 Berea, KY 40403 859-986-5402 rukeiley@igc.org 20 21 Date: January 23, 2009 22 23 24 /s/ Martha C. Mann MARTHA C. MANN 25 26 27 28 THIRD STIPULATION AND [PROPOSED] ORDER FOR EXTENSION 5 TO SUBMIT MOTION FOR ATTORNEY’S FEES Case No. 07-03678 JSW Case 3:07-cv-03678-JSW Document 49 Filed 01/23/2009 Page 6 of 6

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