Pacific Dawn LLC et al v. Locke et al

Filing 71

STIPULATION AND ORDER Regarding Award of Attorneys' Fees and Costs. Signed by Judge Thelton E. Henderson on 06/25/2012. (tmi, COURT STAFF) (Filed on 6/25/2012)

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James P. Walsh (CA State bar No. 184620)
Gwen Fanger (CA State bar No. 191161)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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IGNACIA S. MORENO, Assistant Attorney General
MEREDITH L. FLAX, Senior Trial Attorney (D.C. Bar No. 468016)
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7369
Washington, D.C. 20044-7369
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

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PACIFIC DAWN, L.L.C., et al.,

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Plaintiffs,
v.
JOHN BRYSON et al.,

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Defendants.

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3:10-cv-04829-TEH
STIPULATION REGARDING AWARD
OF ATTORNEYS’ FEES AND COSTS

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WHEREAS on October 25, 2010, Plaintiffs Pacific Dawn, L.L.C., et al. (“Plaintiffs”),

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initiated the above-captioned lawsuit challenging decisions made by Federal Defendants, John

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Bryson, et al. (“Defendants”), to approve a limited access privilege program for the trawl sector

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of the Pacific groundfish fishery; and

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WHEREAS the Court granted summary judgment in Plaintiffs’ favor on the first and

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second causes of action in Plaintiffs’ First Amended Complaint on December 22, 2011 (ECF No.

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49), issued an order on remedy on February 21, 2012 (ECF No. 60), and issued judgment on

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February 22, 2012 (ECF No. 61); and

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WHEREAS on March 22, 2012, Plaintiffs filed a motion for attorneys’ fees and costs
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, (ECF No. 62); and
WHEREAS on March 26, 2012, the Court vacated Plaintiffs’ motion for attorneys’ fees

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and costs and ordered the parties to meet and confer regarding Plaintiffs’ request for fees and

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costs (ECF No. 66); and

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WHEREAS on April 10, 2012, Plaintiffs provided Defendants with a revised request for
attorneys’ fees and costs; and
WHEREAS Plaintiffs and Defendants, by and through their authorized representatives,

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and without any admission or final adjudication of the issues of fact or law with respect to

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Plaintiffs’ claim for attorneys’ fees and costs, have reached a settlement of this matter that they

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consider to be a just, fair, adequate, and equitable resolution of the disputes set forth in Plaintiffs’

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motion for attorneys’ fees and costs;

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NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN PLAINTIFFS AND
DEFENDANTS AS FOLLOWS:
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Defendants agree to settle Plaintiffs’ entire claim for costs and attorneys’ fees in

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the above-captioned litigation for a total of $75,000.00. Defendants agree to pay the entire

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amount to James P. Walsh, Davis Wright Tremaine, 505 Montgomery Street, Suite 800

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San Francisco, California 94111 on behalf of Plaintiffs in this action. Plaintiffs agree to furnish

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Defendants with the information necessary to effectuate this payment. Defendants agree to

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FEE STIPULATION

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3:10-cv-004829-TEH

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process the fee payment within 20 days of receipt of the necessary information from Plaintiffs or

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the approval of this Stipulation by the Court, whichever is later.

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2.

Plaintiffs agree to accept payment of $75,000.00 in full satisfaction of any and all

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claims for attorneys’ fees and costs of litigation to which Plaintiffs may be entitled with respect

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to the above-captioned litigation, through and including the date of this Stipulation.

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3.

The parties agree that this Stipulation was negotiated in good faith and it

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constitutes a settlement of claims that were vigorously contested, denied, and disputed by the

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parties. By entering into this Stipulation, the parties do not waive any claim or defense.

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4.

By entering into this Stipulation, Defendants do not waive any right to contest

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fees claimed by Plaintiffs or Plaintiffs’ counsel, including the hourly rate, in any future litigation.

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Further, this Stipulation as to attorneys’ fees and costs has no precedential value and shall not be

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used as evidence in any other attorneys’ fees litigation.

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5.

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

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commitment or requirement that Defendants are obligated to pay any funds exceeding those

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available, or take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or

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any other appropriations law.

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IT IS SO STIPULATED.

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Respectfully submitted: June 21, 2012

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/s/ James P. Walsh
JAMES P. WALSH
DAVIS WRIGHT TREMAINE

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Attorney for Plaintiffs

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IGNACIA S. MORENO, Assistant Attorney General

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/s/ Meredith L. Flax

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FEE STIPULATION

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3:10-cv-004829-TEH

MEREDITH L. FLAX, Senior Trial Attorney
D.C. Bar No. 468016
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section

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Attorneys for Defendants
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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED, ATE
T

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06/25/2012

NO

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THELTON E. HENDERSON
United States Districton E. Henderson
Judge
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FEE STIPULATION

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3:10-cv-004829-TEH