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<br /> /"f?F <br /> 2. Federal Defendants are Bruce Babbitt, in his official capacity as Secretary, <br /> Department of the Interior, and the United States Fish and Wildlife Service ("USFWS"). <br /> 3. In its February 1, 1993 Judgment and May 26, 1993 Amended Judgment, the Court <br /> entered judgment against the Federal Defendants in favor of Plaintiffs for their cost of litigation, <br /> - - including reasonable attorney and expert witness fees, pursuant to Section 1l(g)(4) of the <br /> Endangered Species Act ("ESA"), 16 U.S.C. § 1540(g)(4), and the Equal Access to Judgment Act <br /> ("EAJA"), 28 U.S.C. § 2412. <br /> 4. On April 15, 1994, Plaintiffs filed their Joint Motion for Award of Their Combined <br /> Cost of Litigation Through October 11, 1993, the date of the status conference held by the Court <br /> pursuant to its May 26, 1993 Amended Judgment. In their Joint Motion, Plaintiffs stated their intent <br /> to file one or more subsequent motions for the recovery of Plaintiffs' cost of litigation in this case <br /> after October 11, 1993. <br /> 5. On September 23, 1994, Plaintiffs and Federal Defendants entered into a Stipulation <br /> settling Federal Defendants' liability for Plaintiffs' claim for Plaintiffs' combined cost of litigation <br /> through October 11, 1993. <br /> 6. By Order dated September 23, 1994, the district court approved the Stipulation and <br /> further ordered that "the Stipulation and this Order shall be without prejudice to one or more <br /> subsequent claims against the Federal Defendants for Plaintiffs' cost oflitigation after October 11, <br /> 1993...." <br /> 7. By Order dated June 14, 1995, the district court ordered that "the Plaintiff and <br /> Plaintiff-Intervenors recover their costs of litigation, including reasonable attorney's fees, since <br /> October 11, 1993." <br /> -2- <br />