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

STIPULATED REQUEST FOR A STAY OF PLAINTIFFS ’ DEADLINE IN LIGHT OF LAPSE OF
APPROPRIATIONS – 3:25-01360-JLC 	1
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ADAM R.F. GUSTAFSON
Acting 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 A
STAY OF PLAINTIFFS’ DEADLINE
IN LIGHT OF LAPSE OF
APPROPRIATIONS; 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 stay of Plaintiffs’ November 16, 2025, deadline
in the above-captioned case 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 37 Filed 10/30/25 Page 1 of 5

STIPULATED REQUEST FOR A STAY OF PLAINTIFFS ’ DEADLINE IN LIGHT OF LAPSE OF
APPROPRIATIONS – 3:25-01360-JLC 	2
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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, in the prior Joint Stipulation, 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, at the end of the day on September 30, 2025, the appropriations act that had
been funding the Department of Justice expired and those appropriations to the Department
lapsed; the same is true for the majority of other Executive agencies, including the U.S. Fish and
Wildlife Service.
WHEREAS, the Department does not know when such funding will be restored by
Congress.
WHEREAS, absent an appropriation, Department of Justice attorneys are prohibited from
working, even on a voluntary basis, except in very limited circumstances, including
“emergencies involving the safety of human life or the protection of property.” 31 U.S.C.
§ 1342.
WHEREAS, 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.
WHEREAS, good cause exists to grant a stay because absent a stay, Plaintiffs must meet
the November 16, 2025, deadline despite the possibility of a resolution without the need for
Case 3:25-cv-01360-LJC Document 37 Filed 10/30/25 Page 2 of 5

STIPULATED REQUEST FOR A STAY OF PLAINTIFFS ’ DEADLINE IN LIGHT OF LAPSE OF
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litigation once the undersigned counsel for the Department of Justice is permitted to resume
settlement discussions.
WHEREAS, although undersigned counsel for the Department of Justice greatly regrets
any disruption caused to the Court and the other litigants, the Parties request a stay of the
November 16, 2025, deadline in this case until Department of Justice attorneys are permitted to
resume their usual civil litigation functions.
WHEREAS, if this stipulated request for a stay is granted, undersigned counsel for the
Department of Justice will notify the Court as soon as Congress has appropriated funds for the
Department.
NOW THEREFORE, the Parties, by and through their undersigned counsel of record,
hereby stipulate and request that Plaintiffs’ November 16, 2025, deadline to file a bill of costs
and motion for attorneys’ fees and costs (and associated briefing) is stayed until Congress has
restored appropriations to the Department. Plaintiffs’ deadline shall be extended commensurate
with the duration of the lapse in appropriations – i.e., Plaintiffs’ deadline would be extended by
the total number of days of the lapse in appropriations.
Dated: October 30, 2025 	Respectfully submitted,
ADAM R.F. GUSTAFSON
Acting 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
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.
Case 3:25-cv-01360-LJC Document 37 Filed 10/30/25 Page 3 of 5

STIPULATED REQUEST FOR A STAY OF PLAINTIFFS ’ DEADLINE IN LIGHT OF LAPSE OF
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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
Dated: October 30, 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
Case 3:25-cv-01360-LJC Document 37 Filed 10/30/25 Page 4 of 5

STIPULATED REQUEST FOR A STAY OF PLAINTIFFS ’ DEADLINE IN LIGHT OF LAPSE OF
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ORDER
PURSUANT TO STIPULATION and FOR GOOD CAUSE STATED THEREIN:
1. Plaintiffs’ November 16, 2025, deadline to file a bill of costs and motion for
attorneys’ fees and costs (and associated briefing) is stayed.
2. 	Upon Congress restoring appropriations to the Department of Justice, Plaintiffs’
November 16, 2025, deadline to file a bill of costs and motion for attorneys’ fees and costs (and
associated briefing) will be extended by the total number of days of the lapse in appropriations.
IT IS SO ORDERED.
Dated: October 30, 2025 ____________________________
THE HON. LISA J. CISNEROS
United States Magistrate Judge
Case 3:25-cv-01360-LJC Document 37 Filed 10/30/25 Page 5 of 5