San Francisco Baykeeper et al v. United States Fish And Wildlife Service et al

STIPULATED REQUEST FOR 45-DAY E XTENSION OF PLAINTIFFS ’ DEADLINE – 3:25-01360-JLC
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ADAM R.F. GUSTAFSON
Principal Deputy Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division
MEREDITH L. FLAX, Deputy Section Chief
NICOLE M. SMITH, Assistant Section Chief
ANGELA MO, Trial Attorney (CA Bar No. 262113)
Wildlife & Marine Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
Tel | (202) 353-5129; Fax | (202) 305-0275
Attorneys for Defendants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
SAN FRANCISCO BAYKEEPER;
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE; RESTORE THE DELTA; and
FRIENDS OF THE RIVER,
Plaintiffs,
v.
UNITED STATES FISH AND WILDLIFE
SERVICE, a United States Government Agency;
DIRECTOR of the U.S. Fish and Wildlife Service
in their official capacity; DOUG BURGUM, in
his official capacity as Secretary of the U.S.
Department of the Interior,
Defendants.
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Case No. 3:25-cv-01360-JLC
STIPULATED REQUEST FOR
45-DAY EXTENSION OF
PLAINTIFFS’ DEADLINE;
ORDER
Pursuant to Civil L.R. 6-2 and 7-12, the Parties, through their undersigned attorneys,
hereby jointly submit this stipulated request for a 45-day extension of the December 29, 2025,
deadline for Plaintiffs’ motion for attorneys’ fees and costs for the reasons stated below and as set
forth in the attached Declaration of Angela Mo. A proposed order is attached.
Case 3:25-cv-01360-LJC Document 43 Filed 12/11/25 Page 1 of 5

STIPULATED REQUEST FOR 45-DAY E XTENSION OF PLAINTIFFS ’ DEADLINE – 3:25-01360-JLC
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WHEREAS, pursuant to the Parties’ prior Joint Stipulation to Stay Plaintiffs’ Deadline to
File Bill of Costs and Motion for Award of Attorneys’ Fees and Costs (Dkt. No. 34), the Court
stayed Plaintiffs’ deadline to file a bill of costs and motion for attorneys’ fees and costs for 60 days
until November 16, 2025. Dkt. No. 35 at 4.
WHEREAS, the Parties requested the stay “because the Parties intend to commence
settlement negotiations that may resolve Plaintiffs’ claim for attorneys’ fees and costs without the
need for further litigation.” Dkt. No. 34 at 2.
WHEREAS, on October 30, 2025, the Parties filed a Stipulated Request for a Stay of
Plaintiffs’ Deadline in Light of Lapse of Appropriations in which they requested that the Court
stay Plaintiffs’ November 16, 2025, deadline until Congress restored appropriations to the
Department of Justice and extend the deadline commensurate with the duration of the lapse in
appropriations. Dkt. No. 36 at 3. The Court entered the stipulation as an order on the same day.
Dkt. No. 37.
WHEREAS, the Parties requested the stay because “the lapse in appropriations has
prevented the Parties from continuing discussions which may resolve Plaintiffs’ request for
attorneys’ fees and costs and, when funding is restored, the Parties would like to continue
discussions in an effort to resolve Plaintiffs’ request for attorneys’ fees and costs without the need
for further litigation.” Id. at 2.
WHEREAS, on November 19, 2025, Defendants notified the Court that appropriations
had been restored, effective November 12, 2025. Dkt. No. 40.
WHEREAS, on the same day, the Court ordered that the stay was lifted and Plaintiffs’
deadline was extended by 43 days—the total number of days of the lapse in appropriations—
from November 16, 2025, to December 29, 2025. Dkt. No. 41.
Case 3:25-cv-01360-LJC Document 43 Filed 12/11/25 Page 2 of 5

STIPULATED REQUEST FOR 45-DAY E XTENSION OF PLAINTIFFS ’ DEADLINE – 3:25-01360-JLC
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WHEREAS, counsel for Plaintiffs has provided Defendants with a settlement proposal.
WHEREAS, due to the press of work and upcoming deadlines in other litigation, counsel
for Defendants intends to respond to the settlement proposal no later than January 16, 2026.
WHEREAS, good cause exists to grant the requested extension because the Parties
remain engaged in settlement discussions and an extension would allow for the possibility of a
resolution of Plaintiffs’ request for attorneys’ fees and costs without the need for litigation.
NOW THEREFORE, the Parties, by and through their undersigned counsel of record,
hereby stipulate and request that Plaintiffs’ December 29, 2025, deadline to file a bill of costs
and motion for attorneys’ fees and costs (and associated briefing) is extended for 45 days
through February 12, 2026.
Dated: December 5, 2025 	Respectfully submitted,
ADAM R.F. GUSTAFSON
Principal Deputy Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division
MEREDITH L. FLAX, Deputy Section Chief
NICOLE M. SMITH, Assistant Section Chief
/s/ Angela Mo1
ANGELA MO, Trial Attorney
CA Bar No. 262113
Wildlife and Marine Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
Tel: (202) 353-5129
Fax: (202) 305-0275
E-mail: Angela.Mo@usdoj.gov
Attorneys for Defendants
1 In accordance with Civil L.R. 5-1(i)(3), the filer of this document attests that all signatories
listed below concur in the filing of this document.
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STIPULATED REQUEST FOR 45-DAY E XTENSION OF PLAINTIFFS ’ DEADLINE – 3:25-01360-JLC
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Dated: December 5, 2025 	/s/ Michael R. Lozeau (signed with permission)
Michael R. Lozeau (CA State Bar No. 142893)
LOZEAU DRURY LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Tel: (510) 836-4200
Fax: (510) 836-4205
E-mail: michael@lozeaudrury.com
Attorneys for Plaintiffs
Eric J. Buescher (CA State Bar No. 271323)
Nicole C. Sasaki (CA State Bar No. 298736)
SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, CA 94612
Tel: (510) 735-9700
Fax: (510) 735-9160
E-mail: eric@baykeeper.org
nicole@baykeeper.org
Attorneys for Plaintiff San Francisco Baykeeper
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STIPULATED REQUEST FOR 45-DAY E XTENSION OF PLAINTIFFS ’ DEADLINE – 3:25-01360-JLC
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ORDER
PURSUANT TO STIPULATION and FOR GOOD CAUSE STATED THEREIN:
Plaintiffs’ December 29, 2025, deadline to file a bill of costs and motion for attorneys’
fees and costs (and associated briefing) is extended through February 12, 2026.
IT IS SO ORDERED.
Dated: December 11, 2025 ____________________________
THE HON. LISA J. CISNEROS
United States Magistrate Judge
Case 3:25-cv-01360-LJC Document 43 Filed 12/11/25 Page 5 of 5