People of the States of California et al v. United States Department of Agriculture, et al

Filing 295

STIPULATION AND ORDER on Attorneys' Fees & Costs re 294 Stipulation Signed by Mag. Judge Elizabeth D. Laporte on 2/1/2010. (edllc2, COURT STAFF) (Filed on 2/1/2010)

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Stipulation on Attorneys Fees and Costs; [Proposed] Order Case Nos. 05-3508-EDL and 05-04038-EDL

IGNACIA S. MORENO Assistant Attorney General BARCLAY T. SAMFORD (NM SBN 12323) United States Department of Justice Environment and Natural Resources Division 1961 Stout Street, 8th Floor Denver, CO 80294 Telephone: [phone] Facsimile: [phone] [e-mail] BEVERLY F. LI (WABN 33267) Trial Attorney U.S. Department of Justice Environment & Natural Resources Div. P.O. Box 663 Washington, DC 20044-0663 Telephone: [phone] Facsimile: [phone] IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF ) AGRICULTURE, et al., ) ) Defendants. ) THE WILDERNESS SOCIETY, et al., ) ) Plaintiffs, ) ) v. ) ) UNITED STATES FOREST SERVICE, et al., ) ) Defendants ) ________________________________________________) PEOPLE OF THE STATE OF CALIFORNIA, et al., Case No. 05-03508-EDL Consolidated with

Case No. 05-04038-EDL STIPULATION ON ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER

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Plaintiffs and Federal Defendants in The Wilderness Society et al. v. United States Forest Service, Case No. 05-04038-EDL, by their undersigned attorneys, hereby stipulate as follows: 1. Federal Defendants agree to settle the claim for costs and attorneys' fees of

Plaintiffs (filed December 15, 2009) for five hundred thousand dollars ($500,000.00), of which $275,000.00 shall come from the Judgment Fund, pursuant to 16 U.S.C. § 1540(g)(4), and $225,000.00 shall come from the United States Forest Service, pursuant to 28 U.S.C. § 2412(d). 2. Payment, as identified in Paragraph 1 above, shall be accomplished by electronic

fund transfer(s) into the Client Trust Account of plaintiffs' attorneys, Earthjustice. Undersigned counsel for Plaintiffs shall provide the appropriate account number and any other information needed to make payment to the undersigned counsel for Defendants. Defendants shall submit the necessary paperwork for payment to the Department of the Treasury's Judgment Fund Office pursuant to 16 U.S.C. § 1540(g)(4) and to appropriate Forest Service authorities within twenty (20) business days after this stipulation is entered by the Court or Plaintiffs provide the information required to facilitate the payment, whichever is later. Plaintiffs' attorneys shall notify the Defendants' attorneys when payment is received. 3. Plaintiffs agree to accept payment of $500,000.00 in full satisfaction of any and

all claims for attorneys' fees and costs in the above-captioned litigation. 4. Plaintiffs' attorneys are receiving funds in trust for Plaintiffs, and Plaintiffs agree

to this procedure. Plaintiffs and their attorneys agree to hold harmless Defendants in any litigation, further suit, or claim arising from the payment of the agreed-upon $500,000.00 settlement amount pursuant to Paragraph 2. 5. This Stipulation is the result of compromise and settlement, and it is based on and

limited solely to the facts involved in this case. This stipulation does not represent an admission by any party to any fact, claim, or defense concerning any issue in this case. Further, this Stipulation has no precedential value and shall not be used as evidence by either Federal Defendants or Plaintiffs in any other litigation except as necessary to enforce the terms of the
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stipulation. Nothing in this Stipulation shall be interpreted as, or shall constitute, a requirement that Defendants are obligated to pay any funds exceeding those available, or take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable appropriations law. 6. The undersigned representatives of Plaintiffs and Federal Defendants certify that

they are fully authorized by the respective Parties whom they represent to enter into the terms and conditions of this Stipulated Agreement and to legally bind such Parties to it. 7. Nothing in the terms of this Stipulation shall be construed to limit or deny the

power of a federal official to promulgate or amend regulations. 8. This Stipulation represents the entirety of the undersigned Parties' commitments

with regard to settlement. The terms of this agreement shall become effective upon approval by the Court of this Stipulation. IT IS HEREBY AGREED. Dated: January 29, 2010 IGNACIA S. MORENO Attorney General /s/ Barclay T. Samford BARCLAY T. SAMFORD (NMBN 12323) Trial Attorney U.S. Department of Justice Environment & Natural Resources Div. 1961 Stout Street Denver, CO 80294 Tel: [phone] Fax: [phone] [e-mail] On behalf of Federal Defendants /s/ Kristen L. Boyles _______________________ KRISTEN L. BOYLES Earthjustice 705 Second Avenue, Suite 203 Seattle, WA 98104-1711 [phone] | Phone [phone] | Fax [e-mail]
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. 1 Entered on this ___ day of February, 2010.

On behalf of Plaintiffs

_________________ ELIZABETH D. LAPORTE United States Magistrate Judge

Stipulation on Attorneys Fees and Costs; [Proposed] Order Case Nos. 05-3508-EDL and 05-04038-EDL

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