Coalition for a Sustainable Delta v. United States Department of Interior, et al

Filing 23

STIPULATION and ORDER For Compromise Settlement, signed by Judge Oliver W. Wanger on 5/21/2010. (Gaumnitz, R)

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BENJAMIN B. WAGNER United States Attorney YOSHINORI H. T. HIMEL Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Attorneys for Defendant UNITED STATES DEPARTMENT OF THE INTERIOR

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

NOSSAMAN, LLP, and COALITION FOR A SUSTAINABLE DELTA, Plaintiff,

1:09-cv-1471-OWW-SMS STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT

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STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT

UNITED STATES DEPARTMENT OF THE INTERIOR, Defendant.

NOSSAMAN, LLP, and COALITION FOR A SUSTAINABLE DELTA, plaintiffs, and the UNITED STATES DEPARTMENT OF THE INTERIOR, defendant, stipulate as follows subject to the Court's approval as provided for hereon. 1. The UNITED STATES DEPARTMENT OF THE INTERIOR, defendant, shall cause its agency, the United States Fish and Wildlife Service, to make a payment to NOSSAMAN, LLP, in the amount of EIGHT THOUSAND DOLLARS ($8,000.00). 2. That payment is in full settlement and satisfaction of any and all claims, demands, rights, and causes of action, arising from the FOIA request dated April 13, 2009, which was mentioned in paragraph 1 of the First Amended Complaint.

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3. Plaintiffs and their heirs, executors, administrators, successors or assigns shall accept the sum stated in paragraph 1, above, in full settlement and satisfaction of any and all claims, demands, rights, and causes of action, of whatsoever kind and nature, arising from any and all known and unknown, foreseen and unforeseen, bodily, emotional, reputational and personal injuries, damage to property and consequential damage, that they may have or later acquire, against the UNITED STATES DEPARTMENT OF THE INTERIOR, its agencies, agents, servants and employees, on account of this FOIA request. 4. This settlement and this stipulation for compromise settlement are not an admission of liability or fault on the part of the UNITED STATES DEPARTMENT OF THE INTERIOR, its agencies, agents, servants, or employees, or on the part of NOSSAMAN, LLP, and COALITION FOR A SUSTAINABLE DELTA. Both sides enter into it to compromise disputed claims and avoid the expenses and risks of litigation. 5. The amount stated in paragraph 1 represents the entire amount of the compromise settlement. Except for that amount, the parties shall bear their own costs, attorney's fees, and expenses. 6. The parties agree that this Stipulation and Order for Compromise Settlement, including all the terms and conditions of this compromise settlement and any additional agreements relating thereto, may be made public in their entirety, and the plaintiffs expressly consent to such release and disclosure under 5 U.S.C. § 552a(b). 7. As a condition of payment, the plaintiffs shall supply all information needed to carry out an electronic funds transfer of the settlement amount. 8. In consideration of the payment of the amounts set forth above, the plaintiffs shall supply all signatures and cause to be filed with the court all documents necessary to cause the action to be dismissed with prejudice from the court's docket.

STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT

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Dated: May 20, 2010 By:

NOSSAMAN, LLP /s/ Paul S. Weiland PAUL S. WEILAND ROBERT C. HORTON Attorneys for Plaintiffs

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STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT

BENJAMIN B. WAGNER United States Attorney By: /s/ Y H T Himel YOSHINORI H. T. HIMEL Assistant U. S. Attorney Attorneys for Defendant

IT IS SO ORDERED. Dated: May 21, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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