STIPULATION TO ENLARGE TIME FOR FILING MOTION FOR FEES AND COSTS – PAGE 1

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DAVID B. EDELSON, State Bar No. 104390 

840 Grizzly Peak Blvd. 

Berkeley, CA 94708 

Telephone: 510/527-4116 

Facsimile: 510/527-4116 

MICHAEL W. GRAF, State Bar No. 136172 

Law Offices 

227 Behrens St. 

El Cerrito, CA 94530 

Telephone: 510/525-7222 

Facsimile: 510/525-1208 

 

Attorneys for Plaintiffs 

JULIA A. JONES 

U.S. Department of Justice 

Environment and Natural Resources Div. 

P.O. Box 663 

Washington, D.C. 20044-0663 

Telephone: 202/305-0436 

Facsimile: 202/305-0267 

Attorney for Defendants 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

SIERRA NEVADA FOREST PROTECTION 

CAMPAIGN, SIERRA CLUB, and LASSEN 

FOREST PRESERVATION GROUP, 

Plaintiffs, 

v. 

BERNARD WEINGARDT, in his official capacity 

as Deputy Regional Forester; UNITED STATES 

FOREST SERVICE; and UNITED STATES 

DEPARTMENT OF AGRICULTURE, 

Defendants. 

Case No. Civ. S-04-2727 DFL DAD 

STIPULATION TO ENLARGE TIME 

FOR FILING MOTION FOR FEES 

AND COSTS; [PROPOSED] ORDER 

Case 2:04-cv-02727-DFL-DAD Document 19 Filed 07/25/05 Page 1 of 3
STIPULATION TO ENLARGE TIME FOR FILING MOTION FOR FEES AND COSTS – PAGE 2

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WHEREAS Civil Local Rule 54-293(a) provides that “[m]otions for awards of attorneys’ 

fees to prevailing parties pursuant to statute shall be filed not later than thirty (30) days after 

entry of final judgment;” 

WHEREAS the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, is the statute 

under which plaintiffs will seek attorneys fees and costs in this case; 

WHEREAS EAJA provides that a party seeking an award of fees and other expenses may 

apply for them “within 30 days of final judgment in the action,” and defines “final judgment” as 

“a judgment that is final and not appealable;” 

WHEREAS the judgment in this case becomes unappealable 60 days from the time of its 

entry; 

WHEREAS Federal Defendants have not yet determined whether they will appeal the 

final judgment in this case; 

WHEREAS Plaintiffs seek to clarify the timing for filing an EAJA motion for fees and 

expenses pursuant to Local Rule 54-293(a); 

NOW THEREFORE the parties stipulate and agree, subject to the approval of the Court, 

that the deadline for Plaintiffs to file a motion for attorneys’ fees and expenses under Local Rule 

54-293(a) is hereby extended to be the same as the deadline for filing an application for fees 

under EAJA. By entering into this stipulation, Federal Defendants do not waive any defenses as 

to whether Plaintiffs are entitled to fees or costs. 

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Dated: July 20, 2005 /s/ David B. Edelson__ 

 DAVID B. EDELSON 

 Attorney for Plaintiffs 

Dated: July 20, 2005 /s/ Julia A. Jones

1

 JULIA A. JONES 

 Attorney for Federal Defendants 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: 7/22/2005 _______/s/ David F. Levi___________ 

 DAVID F. LEVI 

 United States District Judge

 

1 Signature authorized on July 20, 2005. 

Case 2:04-cv-02727-DFL-DAD Document 19 Filed 07/25/05 Page 3 of 3