Conservation Congress v. United States Forest Service et al

Filing 205

STIPULATION AND ORDER signed by District Judge John A. Mendez on 1/22/20 WITHDRAWING Motions for Attorney Fees 151 , 192 . Settlement Agreement between Plaintiff and Federal Defendants has been duly executed by their authorized legal representatives. (Kaminski, H)

Download PDF
1 2 3 4 STEVEN SUGARMAN, NM 5717 (pro hac vice) 347 County Road 55A Cerrillos, NM 87010 (505) 672-5082 stevensugarman@hotmail.com 7 JAMES J. TUCHTON, Cal. 150908 6439 E. Maplewood Ave. Centennial, CO 80111 (720) 301-3843 jtutchtonlo@gmail.com 8 Attorneys for Plaintiff 9 (Additional counsel listed on next page) 5 6 10 11 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 12 13 14 CONSERVATION CONGRESS, 15 Plaintiff, 16 v. 17 18 19 UNITED STATES FOREST SERVICE and UNITED STATES FISH AND WILDLIFE SERVICE, 20 Federal Defendants, 21 and 22 23 24 TRINITY RIVER LUMBER CO., Defendant-Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:13-CV-01977-JAM-DB PLAINTIFF’S AND FEDERAL DEFENDANTS’ SETTLEMENT AGREEMENT AND STIPULATION RESOLVING AND WITHDRAWING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS, ECF NOs. 151 and 192 Hon. John A. Mendez 25 26 27 28 SETTLEMENT AGREEMENT AND STIPULATION RESOLVING ATT’YS’ FEES AND COSTS Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB 1 1 2 3 4 5 6 7 8 9 10 11 JEAN E. WILLIAMS Deputy Assistant Attorney General United States Department of Justice Environment & Natural Resources Division HAYLEY A. CARPENTER, CA Bar No. 312611 Natural Resources Section PO Box 7611 Washington, DC 20044-7611 (202) 305-0242 hayley.carpenter @usdoj.gov SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief Wildlife & Marine Resources Section PO Box 7611 Washington, DC 20044-7611 Attorneys for Federal Defendants 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, on May 30, 2017, this Court entered a Final Judgment in this matter, ECF No. 142, entering judgment in favor of Plaintiff on two claims under the National Environmental Policy Act; WHEREAS, Plaintiff filed its Motion for Attorneys’ Fees, ECF No. 151, and a Stipulation to stay litigation on that Motion on June 16, 2017, seeking attorneys’ fees and costs from Federal Defendants pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, and the citizen suit provision of the Endangered Species Act, 16 U.S.C. § 1540(g)(4); WHEREAS, Plaintiff renewed its Motion for Attorneys’ Fees, ECF No. 192, on August 6, 2019; WHEREAS, Plaintiff’s Motion for Attorneys’ Fees remains pending; WHEREAS, Plaintiff and Federal Defendants have engaged in good faith settlement negotiations in an effort to avoid the time and expense of further litigation; NOW THEREFORE, it is stipulated and agreed to by Plaintiff and Federal Defendants as follows: 27 28 SETTLEMENT AGREEMENT AND STIPULATION RESOLVING ATT’YS’ FEES AND COSTS Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB 2 1 2 Settlement Agreement 1. Federal Defendants hereby agree, by way of compromise and settlement, to settle 3 Plaintiffs’ claim for attorneys’ fees, costs, and expenses for the sum of one hundred 4 and forty thousand dollars ($140,000) for any and all claims for attorneys’ fees, costs, 5 and expenses related to this litigation. Federal Defendants make this agreement in 6 reliance on Plaintiff’s attestation in the declaration attached hereto that they qualify as 7 “parties” under EAJA. 8 9 2. Payment(s) of the settlement funds shall be accomplished by mailing a check to Denise Boggs, the Executive Director of Conservation Congress. 10 3. Plaintiff agrees to accept payment(s) totaling $140,000 in full satisfaction of any and 11 all claims for attorneys’ fees, costs, and expenses related to the above-captioned 12 litigation. Plaintiff hereby releases any and all claims and/or potential claims under 13 any statute or other authority, including but not limited to 33 U.S.C. § 1365(d), 28 14 U.S.C. § 2412(d)(1)(A), and 16 U.S.C. § 1540(g)(4), for any and all costs of 15 litigation, attorneys’ fees, expert fees, and court costs. 16 4. Upon the execution and filing of this Settlement Agreement, Plaintiff’s Motion for 17 Attorney’s Fees, ECF No. 151, and its renewal of that Motion, ECF No. 192, are 18 hereby withdrawn with prejudice. 19 20 21 5. Plaintiff and its attorneys agree to hold Federal Defendants harmless in any litigation, further suit, or claim arising from the payment(s) of the agreed-upon settlement. 6. Pursuant to 31 U.S.C. § 3711; 26 U.S.C. § 6402(d); 31 C.F.R. § 285.5, 901.3, and 22 other authorities, the United States will offset against the settlement amount any 23 delinquent debts that Plaintiff owes to the United States. See Astrue v. Ratliff, 560 24 U.S. 586 (2010). 25 7. This Settlement Agreement is the result of compromise and settlement, and it is based 26 on and limited solely to the facts involved in this case. It does not represent an 27 admission by any Party to any fact, claim, or defense concerning any issue in this 28 case. SETTLEMENT AGREEMENT AND STIPULATION RESOLVING ATT’YS’ FEES AND COSTS Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB 3 1 8. Nothing in this Settlement Agreement shall be interpreted as, or shall constitute, a 2 requirement that Federal Defendants are obligated to pay any funds exceeding those 3 available, or to take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. 4 § 1341, or any other applicable appropriations law. 5 9. This Settlement Agreement has no precedential value and shall not be used as 6 evidence either by Plaintiff or Federal Defendants in any other litigation except as 7 necessary to enforce the terms of this Agreement. 8 9 10. The undersigned representatives of Plaintiff and Federal Defendants certify that they are fully authorized by the respective Parties whom they represent to enter into the 10 terms and conditions of this Settlement Agreement and to legally bind such Parties to 11 it. 12 13 14 11. Nothing in the terms of this Settlement Agreement shall be construed to limit or deny the power of a federal official to promulgate or amend regulations. 12. This Settlement Agreement represents the entirety of the undersigned Parties’ 15 commitments with regard to settlement of claims for attorneys’ fees, costs, and 16 expenses. 17 13. The terms of this Settlement Agreement shall become effective upon execution of this 18 Settlement Agreement. The Parties agree that this Settlement Agreement may be 19 executed in one or more counterparts, each of which shall constitute an original, and 20 all of which, taken together, shall constitute the same instrument. Facsimile or 21 scanned signatures submitted by electronic mail shall have the same effect as an 22 original signature in binding the parties. 23 IN WITNESS THEREOF, this Settlement Agreement between Plaintiff and Federal 24 Defendants has been duly executed by their authorized legal representatives. 25 Respectfully submitted this 22nd day of December, 2019. 26 27 28 /s/ Steven Sugarman (with permission on 1/7/2020) STEVEN SUGARMAN, NM 5717 JEAN E. WILLIAMS Deputy Assistant Attorney General United States Department of Justice SETTLEMENT AGREEMENT AND STIPULATION RESOLVING ATT’YS’ FEES AND COSTS Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB 4 1 2 3 4 (pro hac vice) 347 County Road 55A Cerrillos, NM 87010 (505) 672-5082 stevensugarman@hotmail.com 7 JAMES J. TUCHTON, Cal. 150908 6439 E. Maplewood Ave. Centennial, CO 80111 (720) 301-3843 jtutchtonlo@gmail.com 8 Attorneys for Plaintiff 5 6 9 10 Environment & Natural Resources Division /s/ Hayley A. Carpenter_______ HAYLEY A. CARPENTER, CA Bar No. 312611 Trial Attorney Natural Resources Section PO Box 7611 Washington, DC 20044-7611 (202) 305-0242 hayley.carpenter@usdoj.gov SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief Wildlife & Marine Resources Section PO Box 7611 Washington, DC 20044-7611 11 12 Attorneys for Federal Defendants 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SETTLEMENT AGREEMENT AND STIPULATION RESOLVING ATT’YS’ FEES AND COSTS Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB 5 1 ORDER 2 3 The Court having considered the stipulation of the parties, IT IS SO ORDERED. 4 5 6 7 Dated: 1/22/2020 /s/ John A. Mendez____________ Hon. John A. Mendez United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SETTLEMENT AGREEMENT AND STIPULATION RESOLVING ATT’YS’ FEES AND COSTS Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?