Karuk Tribe v. Montague Water Conservation District

Filing 13

STIPULATION and ORDER 45 for Court to retain jurisdiction over Settlement Agreement signed by Magistrate Judge Allison Claire on 12/20/2013. The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement and resolve any disput es concerning adherence to Settlement Agreement that may arise betweensSettling parties from 12/19/2013 through 12/18/2023. The plaintiffs' claims alleged in Complaints filed in these consolidated cases are DISMISSED with prejudice. (Marciel, M)

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Christopher A. Sproul (Bar No. 126398)
ENVIRONMENTAL ADVOCATES
5135 Anza Street
San Francisco, California 94121
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs KLAMATH RIVERKEEPER and the KARUK TRIBE

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Robert E. Donlan (Bar No. 186185)
Elizabeth P. Ewens (Bar No. 213046)
Shane E. C. McCoin (Bar No. 258588)
ELLISON, SCHNEIDER & HARRIS LLP
2600 Capitol Avenue, Suite 400
Sacramento, California 95816
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant MONTAGUE WATER CONSERVATION DISTRICT

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Additional Counsel on next page

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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KLAMATH RIVERKEEPER,

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Plaintiff,

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v.

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MONTAGUE WATER CONSERVATION
DISTRICT,

Consolidated Cases

Defendant.

STIPULATED REQUEST FOR COURT
TO RETAIN JURISDICTION TO
ENFORCE TERMS OF SETTLEMENT
AGREEMENT AND TO DISMISS
PLAINTIFFS’ CLAIMS; [PROPOSED]
ORDER

Plaintiff,

Fed. R. Civ. P. 41(a)(2)

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KARUK TRIBE,

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Case No. 2:12-cv-01330-AC
Case No. 2:12-cv-02095-AC

v.
MONTAGUE WATER CONSERVATION
DISTRICT,

Endangered Species Act
16 U.S.C. §§ 1539, 1540
Hon. Allison Claire

Defendant.

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Stip to Court Jurisdicition and Dismiss Claims

No. 2:12-cv-01330-AC
No. 2:12-cv-02095-AC

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Daniel Cooper (Bar No. 153576)
Drevet Hunt (Bar No. 240487)
LAWYERS FOR CLEAN WATER, INC.
1004-A O'Reilly Avenue
San Francisco, California 94129
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Patricia Weisselberg (Bar No. 253015)
LAW OFFICE OF PATRICIA WEISSELBERG
115 Oakdale Avenue
Mill Valley, California 94941
Telephone: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs KLAMATH RIVERKEEPER and the KARUK TRIBE

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Darrin W. Mercier (Bar No. 166125)
LAW OFFICE OF DARRIN W. MERCIER
409 W. Center Street
Yreka, California 96097
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant MONTAGUE WATER CONSERVATION DISTRICT

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Stip to Court Jurisdictoin and Dismiss Claims
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No. 2:12-cv-01330-AC
No. 2:12-cv-02095-AC

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STIPULATED REQUEST FOR COURT TO RETAIN JURSIDICTION TO ENFORCE THE
TERMS OF THE SETTLEMENT AGREEMENT AND TO DISMISS PLAINTIFFS’ CLAIMS
WITH PREJUDICE
Klamath Riverkeeper and the Karuk Tribe (“Plaintiffs”) and Montague Water Conservation
District (“Defendant”) (collectively “the Settling Parties”) stipulate as follows:
WHEREAS, the Settling Parties have entered into the Settlement Agreement attached as

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Attachment A resolving the Plaintiffs’ claims in consolidated cases, Case No. 2:12-cv-01330-AC and

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Case No. 2:12-cv-02095-AC;

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WHEREAS, pursuant to the Settlement Agreement, the Settling Parties have agreed to the Court
retaining jurisdiction to enforce the terms of the Settlement Agreement and resolve any disputes

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concerning adherence to the Settlement Agreement that may arise between the Settling Parties in the

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future for ten years from the Effective Date of the Settlement Agreement;

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WHEREAS, the Effective Date of the Settlement Agreement is December 19, 2013;

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WHEREAS, pursuant to the Settlement Agreement, the Settling Parties have agreed that

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Plaintiffs’ claims would be dismissed with prejudice.

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THEREFORE, the Settling Parties request the following:

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1. The Court enter an order retaining jurisdiction to enforce the terms of the Settlement

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Agreement and resolve any disputes concerning adherence to the Settlement Agreement that may arise

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between the Settling Parties from December 19, 2013 through December 18, 2023; and

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2. The Court enter an order dismissing with prejudice the Plaintiffs’ claims alleged in the
complaints filed in these consolidated cases.
Respectfully submitted,

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Dated: December 20, 2013

LAWYERS FOR CLEAN WATER, INC.

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By:
Drevet Hunt
Daniel Cooper
Attorneys for Plaintiffs
Klamath Riverkeeper and the Karuk Tribe

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Stip to Court Jurisdictoin and Dismiss Claims
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No. 2:12-cv-01330-AC
No. 2:12-cv-02095-AC

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Dated: December 20, 2013

LAW OFFICE OF DARRIN W. MERCIER

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By:

/s/ (authorized on December 20, 2013)
Darrin W. Mercier
Attorney for Defendant
Montague Water Conservation District

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Stip to Court Jurisdictoin and Dismiss Claims
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No. 2:12-cv-01330-AC
No. 2:12-cv-02095-AC

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[PROPOSED] ORDER
In accord with the stipulation of the parties in consolidated cases, Case No. 2:12-cv-01330-AC
and Case No. 2:12-cv-02095-AC, it is hereby ordered that:

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1. The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement and resolve

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any disputes concerning adherence to the Settlement Agreement that may arise between the

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Settling Parties from December 19, 2013 through December 18, 2023; and

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2. The Plaintiffs’ claims alleged in the complaints filed in these consolidated cases are dismissed

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with prejudice.

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IT IS SO ORDERED.

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DATE: December 20, 2013

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Stip to Court Jurisdictoin and Dismiss Claims
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No. 2:12-cv-01330-AC
No. 2:12-cv-02095-AC