High Sierra Hikers Association v. United States Department of the Interior et al

Filing 145

STIPULATION AND ORDER TO SETTLE PLAINTIFF'S CLAIM FOR ATTORNEYS' FEES, COSTS, AND OTHER EXPENSES. Signed by Judge Richard Seeborg on 3/5/13. (cl, COURT STAFF) (Filed on 3/5/2013)

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MELINDA L. HAAG (CSBN 132612)
United States Attorney
ALEX TSE (CSBN 152348)
Chief, Civil Division
MICHAEL T. PYLE (CSBN 172954)
Assistant U.S. Attorney
Northern District of California
150 Almaden Blvd., Suite 900
San Jose, CA 95113
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
CHARLES R. SHOCKEY (D.C. Bar No. 914879)
Trial Attorney, U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
501 “I” Street, Suite 9-700
Sacramento, CA 95814-2322
Telephone:
916-930-2203
Facsimile:
916-930-2210
Email:
[e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HIGH SIERRA HIKERS ASSOCIATION,

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Plaintiff,
v.
UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,

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Defendants.

Case No.

CV-09-4621-RS

STIPULATION TO SETTLE
PLAINTIFF’S CLAIM FOR
ATTORNEYS’ FEES, COSTS,
AND OTHER EXPENSES AND
PROPOSED ORDER
J UDGE: HONORABLE
RICHARD SEEBORG

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Courtroom: 3, 17th Floor
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STIPULATION AND PROPOSED ORDER -- Case No.CV-09-4621-RS
sf-3224192

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WHEREAS, on October 26, 2012, the Plaintiff High Sierra Hikers Association (High

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Sierra) filed a Motion for Attorneys’ Fees, Costs, and Other Expenses Pursuant to 28 U.S.C. §

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2412,

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WHEREAS, High Sierra and the Defendants, United States of the Interior, et al., have

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reached an agreement to settle High Sierra’s claim for attorneys’ fees, costs, and other expenses,
NOW, THEREFORE, High Sierra and the Defendants hereby agree and stipulate as
follows:
1.

The Defendants agree to settle High Sierra’s claim for attorneys’ fees, costs, and

other expenses of litigation for $280,000, which shall be paid by the National Park Service from
appropriated funds.

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2.

Payment, as identified in Paragraph 1 above, shall be accomplished by electronic

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funds transfer to the law firm of Morrison & Foerster LLP, 425 Market Street, San Francisco,

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California 94105, counsel for High Sierra. Undersigned counsel for High Sierra shall provide to

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the undersigned counsel for the Defendants the appropriate account number and any other

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information needed to make payment. The Defendants shall submit the necessary paperwork for

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payment to the appropriate National Park Service authorities within thirty (30) business days after

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this Stipulation is entered into or after counsel for High Sierra provides the information required

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to facilitate the payment, whichever is later. High Sierra’s attorneys shall notify the Defendants’
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attorneys when payment is received. The National Park Service shall make all reasonable efforts

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to make payment within forty-five (45) days after receipt of High Sierra’s bank account and

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routing number.

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3.

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High Sierra agrees to the procedure outlined in Paragraph 2 above. High Sierra

and its attorneys agree to hold harmless the Defendants in any litigation, further suit, or claim
arising from payment of the agreed-upon $280,000 settlement amount pursuant to Paragraph 2.

STIPULATION AND PROPOSED ORDER -- Case No. CV-09-4621-RS
sf-3224192

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4.

High Sierra agrees to accept payment of $280,000 in full satisfaction of any and all

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claims for attorneys’ fees, costs, and other expenses incurred in the above-captioned litigation

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through the date of the filing of this Stipulation. Upon receipt of payment of the agreed-upon

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$280,000 settlement amount pursuant to Paragraph 2, High Sierra will withdraw its Motion for

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Attorneys’ Fees, Costs, and Other Expenses.
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.
6.

Nothing in this Stipulation shall be interpreted as, or shall constitute, a requirement

that the Defendants are obligated to pay any funds exceeding those available, or take any action in

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contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of
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federal appropriations law. If, however, Defendants fail to make full payment of the agreed-upon

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$280,000 settlement amount pursuant to Paragraph 2 within forty-five (45) days after this

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Stipulation is entered, High Sierra has the right to renotice its Motion for Attorneys’ Fees, Costs,

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and Other Expenses for judicial determination.

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7.

This Stipulation contains the entire agreement between the parties to this

Stipulation, and all previous understandings, agreements, and communications prior to the date

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hereof, whether express or implied, oral or written, relating to the subject matter of this
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Stipulation, are fully and completely extinguished and superseded by this Stipulation. This

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Stipulation may be modified upon mutual written consent of the parties and the Court’s approval

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of a joint stipulation to modify this Stipulation.

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8.

The undersigned representatives of High Sierra and the Defendants certify that

they are fully authorized by the respective Parties which they represent to enter into the terms and
conditions of this Stipulation and legally to bind such Parties to the Stipulation.

STIPULATION AND PROPOSED ORDER -- Case No. CV-09-4621-RS
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9.

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The provisions of this Stipulation shall apply to and be binding upon each of the

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Parties, including, but not limited to, their current and/or former officers, directors, servants,

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employees, successors, and assigns.

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10.

Nothing in the terms of the Stipulation shall be construed to limit or deny the

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authority of a federal official to promulgate or amend regulations.
11.

This Stipulation represents the entirety of the undersigned Parties’ commitments

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with regard to settlement of High Sierra’s claim for attorneys’ fees, costs, and other expenses of

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litigation. The terms of this agreement shall become effective upon approval by the Court of this

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Stipulation.

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IT IS HEREBY AGREED AND SO STIPULATED.
Dated: March 4, 2013

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BARBARA N. BARATH
MORRISON & FOERSTER LLP
By:
/s/ Barbara Barath [as authorized]
Barbara Barath, Attorney for Plaintiff

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Dated: March 4, 2013

CHARLES R. SHOCKEY
U.S. DEPARTMENT OF JUSTICE

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By:
/s/ Charles R. Shockey
Charles R. Shockey, Attorney for Defendants

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS
SO ORDERED.

BY:

3/5/13
Dated: ______________________

HONORABLE RICHARD SEEBORG
U.S. DISTRICT COURT JUDGE

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STIPULATION AND PROPOSED ORDER -- Case No. CV-09-4621-RS
sf-3224192

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