Center for Biological Diversity v. U.S. Fish and Wildlife Service et al

Filing 85

ORDER GRANTING 84 STIPULATION regarding Attorneys' Fees and Costs. Signed by Judge Jeffrey S. White on 4/8/14. (jjoS, COURT STAFF) (Filed on 4/8/2014)

Case3:11-cv-05108-JSW Document84 Filed04/04/14 Page1 of 4

IN THE UNITED STATES DISTRICT COURT
FO R T H E NO RT H ERN DISTRICT OF CALIFORNIA
S AN FRANCISCO DIV ISION
Case No. 3:11-cv-5108-JSW

Center for Biological Diversity,
Plaintiff,
v.

Stipulated Settlement
Agreement for Attorneys’
Fees and Costs and [Proposed]
Order

United States Fish and Wildlife
Service et al.,
Defendants.

This stipulated settlement agreement is made between Plaintiff Center
for Biological Diversity (“CBD”) and Federal Defendants United States Fish
and Wildlife Service et al. to resolve the amount of Plaintiff ’s claim for
attorney’s fees and costs in this matter. In support of this Stipulation, the
Plaintiff and Federal Defendants state as follows:
Whereas, the Court entered the stipulated settlement proposed by the
Plaintiff and Federal Defendants as an order on November 4, 2013, Docket
No. 76;
Whereas, the Plaintiff is entitled to reimbursement of reasonable
attorneys’ fees and costs under the terms of that settlement, Docket No. 76 ¶¶
7–8;
Whereas, counsel for the Plaintiff and Federal Defendants have
engaged in good faith and confidential settlement negotiations concerning the
Plaintiff ’s claim for attorneys’ fees and costs; and,
Whereas, the Plaintiff and Federal Defendants have reached a
settlement of Plaintiff ’s claims for attorneys’ fees and costs;
Now, therefore, in the interests of judicial economy and to avoid the
need for a motion for attorneys’ fees and costs, the Plaintiff and Defendants,
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for good and valuable consideration, the adequacy of which is hereby
acknowledged, hereby stipulate and agree as follows:
1.

The Federal Defendants agree to pay the Plaintiff ’s reasonable

attorneys’ fees and costs, pursuant to Section 11(g) of the Endangered Species
Act (“ESA”), 16 U.S.C. § 1540(g), in the amount of $99,217, payable to the
Center for Biological Diversity.
2.

The Plaintiff agrees to provide written notice to the Federal

Defendants of the form in which they elect to receive these funds, including
all information necessary for the Federal Defendants to process this
disbursement (including the payee’s tax identification number), as soon as
possible upon the signing of this Stipulated Settlement Agreement.
3.

The Federal Defendants agree to submit all necessary

paperwork for the processing of this attorneys’ fees award to the Department
of the Treasury’s Judgment Fund Office, pursuant to 16 U.S.C. § 1540(g),
within ten (10) business days of a court order approving this stipulation,
provided that the Plaintiff has submitted the information required by
paragraph 2.
4.

The Plaintiff agrees to accept payment of $99,217 in full

satisfaction of any and all claims for attorneys’ fees and costs of litigation to
which the Plaintiff is entitled in the above-captioned litigation, through and
including the date of this agreement.
5.

The Plaintiff agrees that receipt of this payment from the

Federal Defendants shall operate as a release of the Plaintiff ’s claims for
attorneys’ fees and costs in this matter, through and including the date of this
agreement, except that the Plaintiff reserves the right to seek additional fees
and costs incurred arising from a need to enforce or defend against efforts to
modify this Stipulated Settlement or for any other unforeseen continuation of
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this action.
6.

Nothing in this agreement shall be interpreted as, or shall

constitute, a requirement that the Federal 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 appropriations law.
7.

By this agreement, the Federal Defendants do not waive any

right to contest fees claimed by the Plaintiff or Plaintiff ’s counsel, including
the hourly rate, in any future litigation or continuation of the present action.
Further, this stipulation has no precedential value and shall not be used as
evidence in any other attorneys’ fees litigation.
8.

The parties agree that this Settlement Agreement was

negotiated in good faith. By entering into this Agreement, the parties do not
waive any claim or defense.
9.

The undersigned representatives of each party certify that they

are fully authorized by the party or parties they represent to agree to the
Court’s entry of the terms and conditions of this Agreement and do hereby
agree to the terms herein.
10.

The terms of this Agreement shall become effective upon entry

of this stipulation by the Court as an order.
Respectfully submitted April 4, 2014,
ROBERT G. DREHER,
Acting Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Section Chief
S. JAY GOVINDAN, Assistant Section Chief
/s/ James A. Maysonett
___________________________________
JAMES A. MAYSONETT, Senior Trial Attorney
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Wildlife & Marine Resources Section
P.O. Box 7611, Washington D.C. 20044
[phone], facsimile [phone]
[e-mail]
COUNSEL FOR FEDERAL DEFENDANTS
/s/ Collette Adkins Giese
___________________________________
Collette Adkins Giese (MN Bar # 035059X)
Justin Augustine (CA Bar # 235561)
CENTER FOR BIOLOGICAL DIVERSITY
351 California Street, Suite 600
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

It is so ordered.
April 8, 2014
____________________
Date

______________________
Jeffrey S. White
United States District Judge

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