Free Motion for Attorney Fees - District Court of Delaware - Delaware

Case 1:88-cv—00263-SLR Document 369-3 Filed 11/06/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NATURAL RESOURCES DEFENSE )
COUNCIL, INC., and DELAWARE )
AUDUBON SOCIETY, )
) Civil Action No.
Plaintiffs, ) 88-263-SLR
I
v. )
I
TEXACO REFINING AND MARKETING, )
INC., )
I
Defendant. )
STATEMENT PURSUANT TO LOCAL RULE 7.1.1
I am counsel to plaintiffs Natural Resources Defense Council and
Delaware Audubon Society, who are filing a motion to recover attorneys fees,
expert witness fees, and costs incurred in litigating their recently settled Third
Motion to Enforce the Court's judgments. I have discussed with Alec Zacaroli,
counsel for defendant, the subject matter of plaintiffs’ motion. The discussion
did narrow the issues the Court must consider, in that defendant has conceded
pIaintiffs’ entitlement to recover fees and costs. However, despite our
reasonable efforts, we were not able to agree with defendant on the amounts
plaintiffs should recover. Thus, plaintiffs’ motion is necessary.
/s/ Mitchell S. Bernard
Mitchell S. Bernard, Esquire
Natural Resources Defense Council
40 West 20th Street
New York, New York 10011
(212) 727-2700
Attorney for Plaintiffs
DATED: November6, 2007