Center for Biological Diversity v. Office of Management and Budget

Filing 124

STIPULATION AND ORDER APPROVING SETTLEMENT AND DISMISSING CASE; Signed by Judge Marilyn Hall Patel on 2/8/2010. (awb, COURT STAFF) (Filed on 2/9/2010)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Office of Management and Budget

8 9 10 11 12 13 14 15 16 17 Attorneys for Plaintiff Center for Biological Diversity 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 24 Plaintiff, 25 v. 26 27 28 THE OFFICE OF MANAGEMENT AND BUDGET, Defendant. CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization, ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4997 MHP STIPULATION AND [PROPOSED] ORDER APPROVING SETTLEMENT AND DISMISSAL OF PLAINTIFF'S CLAIMS Justin Augustine (CSBN 235561) Vera Pardee (CSBN 106146) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] Deborah A. Sivas (CSBN 135446) ENVIRONMENTAL LAW CLINIC MILLS LEGAL CLINIC Stanford Law School Crown Quadrangle 559 Nathan Abbot Way Stanford, CA 94305-8610 Telephone: [phone] Facsimile: [phone]

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Plaintiff Center for Biological Diversity ("the Center") and Defendant Office of Management and Budget ("OMB"), through their undersigned counsel, enter into this Settlement in order to fully resolve this litigation and the Center's claim for attorneys' fees, expenses and costs generated in connection with this litigation. The parties agree as follows: 1. Defendant will pay to the Center, by means of an electronic payment to a bank

account to be designated by the Center, the amount of $175,000.00 to cover attorneys' fees, expenses and costs of all counsel pursuant to the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(E). This payment is full and final payment for all attorneys' fees, expenses and costs. This payment is inclusive of any interest. If any withholding or income tax liability is imposed upon Plaintiff or Plaintiff's counsel based on payment of the settlement sum as set forth herein, Plaintiff and its counsel shall be solely responsible for paying any such liability. 2. Defendant shall make payment to the Center no later than thirty days after the

date that the Court approves this Stipulation. Defendant further agrees to make all reasonable efforts to process and cause payment to be made to the Center as soon as possible. 3. Contingent upon receipt of payment pursuant to Paragraph 1 above, Plaintiff

hereby (a) releases Defendant from any past, present or future claims for attorneys' fees, expenses or costs in connection with this litigation and (b) dismisses with prejudice this litigation and all claims against Defendant relating to the FOIA request at issue in this litigation. 4. The Court shall retain jurisdiction regarding enforcement of Defendant's

agreement to make the payment pursuant to Paragraph 1 above. 5. This Stipulation is binding upon and inures to the benefit of the parties hereto and

their respective successors and assigns. 6. No party is making an admission of liability or fault to any other party and

nothing in this Stipulation shall be construed as an admission of liability or fault. 7. This Stipulation may be pled as a full and complete defense to any action or other

proceeding in which any party seeks attorneys' fees, expenses or costs generated in this litigation.
STIPULATION AND [PROPOSED] ORDER RE SETTLEM E N T AND DISMISSAL OF PLAINTIFF'S CLAIMS 1 N o . C 07-4997 MHP

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Plaintiff and its current counsel expressly agree that neither it nor any of its

current or former attorneys may make any claim for attorneys' fees, expenses or costs generated in this litigation against Defendant, the United States, their agents, servants or employees.

Respectfully submitted, DATED: February 4, 2010 By: _____/s/________________________ VERA PARDEE Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: February 4, 2010 By: _____/s/ _______________________ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: February __, 2010 8

_________________________________ HON. MARILYN HALL PATELD DE United States District Judge ER SO OR

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