Klamath-Siskiyou Wildlands Center et al v. National Oceanic and Atmospheric Administration National Marine Fisheries Service et al
Filing
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ORDER GRANTING STIPULATIONS AND SETTLING COSTS AND ATTORNEYS FEES 120 . This Order resolves Plaintiffs' Motion for Attorneys' Fees, Costs, and Other Litigation Expenses 107 . Signed by Judge Nathanael Cousins on 11/20/2015. (lmh, COURT STAFF) (Filed on 11/20/2015)
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JOHN R. MELLGREN,
Oregon Bar # 114620
Western Environmental Law Center
1216 Lincoln Street
Eugene, Oregon 97401
Ph: (541) 359-0990
mellgren@westernlaw.org
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Attorney for Plaintiffs
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THE HONORABLE NATHANAEL COUSINS
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KLAMATH-SISKIYOU WILDLANDS CENTER,
CENTER FOR BIOLOGICAL DIVERSITY, and
KLAMATH FOREST ALLIANCE,
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Plaintiffs,
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v.
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NATIONAL OCEANIC AND ATMOSPHERIC
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ADMINISTRATION, NATIONAL MARINE
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FISHERIES SERVICE, and UNITED STATES
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FISH AND WILDLIFE SERVICE,
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Defendants,
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and
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FRUIT GROWERS SUPPLY COMPANY,
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Defendant-Intervenor.
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___________________________________________ )
Case No. 3:13-cv-3717-NC
STIPULATIONS AND AGREED
ORDER SETTLING COSTS AND
ATTORNEYS’ FEES
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Pursuant to Civil Local Rule 7-12, this stipulation is entered into by and between
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Plaintiffs Klamath-Siskiyou Wildlands Center, Center for Biological Diversity, and Klamath
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Forest Alliance and Federal Defendants National Oceanic and Atmospheric Administration,
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STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER
EXPENSES – Case No. 3:13-cv-3717-NC – Page 1
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National Marine Fisheries Service, and U.S. Fish and Wildlife Service. Plaintiffs and Federal
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Defendants hereby agree and stipulate as follows:
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WHEREAS, Plaintiffs’ lawsuit challenged Federal Defendants’ issuance of Incidental
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Take Permits to Defendant-Intervenor Fruit Growers Supply Company under Section 10 of the
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Endangered Species Act, see 16 U.S.C. § 1539(a)(2)(B);
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WHEREAS, The Court granted Plaintiffs’ cross-motion for summary judgment in part
and denied the motion in part;
WHEREAS, Plaintiffs filed a Motion for Attorneys’ Fees, Costs, and Other Litigation
Expenses on August 27, 2015. Doc. No. 107;
WHEREAS, The parties have reached a settlement agreement that obviates the need for
further litigation of Plaintiffs’ motion for fees and costs;
NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
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Plaintiffs are entitled to an award of costs and attorneys’ fees under the
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Endangered Species Act, 16 U.S.C. § 1540(g). Federal Defendants shall pay Plaintiffs a total of
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four hundred and eighty thousand dollars ($480,000.00) for attorneys’ fees, costs, and other
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litigation expenses for this lawsuit.
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2.
Federal Defendants shall make the payment required by Paragraph 1 and the
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agreed order below by electronic funds transfer to the client trust account of the Western
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Environmental Law Center, 1216 Lincoln Street, Eugene, Oregon 97401.
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3.
Plaintiffs agree to furnish Federal Defendants with the information necessary to
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effectuate the payment required by Paragraph 1 of this stipulation and the agreed order below.
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Federal Defendants agree to submit all necessary paperwork for the processing of the attorneys’
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STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER
EXPENSES – Case No. 3:13-cv-3717-NC – Page 2
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fees award to the Department of the Treasury’s Judgment Fund Office within ten (10) business
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days of entry of the Order below by the court or the receipt of the information described in this
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Paragraph, whichever is later.
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4.
Plaintiffs agree to accept Federal Defendants’ payment of $480,000.00 in full
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satisfaction of any and all claims for attorneys’ fees and costs of litigation incurred in this matter
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to date. Plaintiffs agree that receipt of this payment from Federal Defendants shall operate as a
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release of Plaintiffs’ claims for attorneys’ fees and costs in this matter to date.
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5.
Plaintiffs reserve the right to seek additional fees and costs incurred subsequent to
this Stipulation arising in any future litigation or continuation of the present action. Federal
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Defendants reserve the right to contest fees claimed by Plaintiffs or Plaintiffs’ counsel, including
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hourly rates and the number of hours billed, in any future litigation or continuation of the present
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action. Further, this Stipulation as to attorneys’ fees and costs has no precedential value and
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shall not be used as evidence in any other attorneys’ fees litigation.
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6.
Nothing in this Stipulation shall be interpreted as, or shall constitute, a
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requirement that Federal Defendants are obligated to pay any funds exceeding those available, or
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take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other
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appropriations law.
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7.
This Stipulation shall be binding on the parties and their successors, agents,
designees, employees, and all those acting by and through their authority.
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The parties agree that this Stipulation was negotiated in good faith and that this
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Stipulation constitutes a resolution of claims that were denied and disputed by the parties. By
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entering into this Stipulation, the parties do not waive any claim or defense.
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STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER
EXPENSES – Case No. 3:13-cv-3717-NC – Page 3
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9.
The undersigned representatives of each party certify that they are fully
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authorized by the parties they represent to agree to the terms and conditions of this Stipulation
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and do hereby agree to the terms herein.
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10.
The parties hereby jointly and respectfully request that the Court review and
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approve the terms of this stipulation, and retain jurisdiction to enforce its terms. See Kokkonen
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v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994).
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Respectfully submitted this 20th day of November, 2015.
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__/s/ John R. Mellgren__________________
JOHN R. MELLGREN, Oregon Bar # 114620
Western Environmental Law Center
1216 Lincoln Street
Eugene, Oregon 97401
Ph: (541) 359-0990
mellgren@westernlaw.org
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Attorney for Plaintiffs
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JOHN C. CRUDEN
Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
KRISTEN L. GUSTAFSON, Assistant Chief
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__/s/ Travis J. Annatoyn_________________
TRAVIS J. ANNATOYN,
Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Wildlife and Marine Resources Section
Benjamin Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
(202) 514-5243 (tel)
(202) 305-0275 (fax)
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Attorneys for Federal Defendants
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STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER
EXPENSES – Case No. 3:13-cv-3717-NC – Page 4
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E-FILING ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that Travis J. Annatoyn has concurred in
the filing of this document.
/s/ John R. Mellgren ____________________
JOHN R. MELLGREN, Oregon Bar # 114620
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Attorney for Plaintiffs
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STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER
EXPENSES – Case No. 3:13-cv-3717-NC – Page 5
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ORDER
The above STIPULATION concerning attorneys’ fees, costs, and other litigation
expenses in the above-captioned litigation is hereby APPROVED and GRANTED.
1.
Federal Defendants shall pay Plaintiffs $480,000.00 in full satisfaction of any and all
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claims for attorneys’ fees, costs, and other litigation expenses in the above-captioned
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litigation to date;
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2.
Federal Defendants shall submit all necessary paperwork for the processing of the
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attorneys’ fees award to the Department of the Treasury’s Judgment Fund Office
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within ten (10) business days of entry of this Order or the receipt of the required
information from Plaintiffs, as described in Paragraph 3 of the Stipulation;
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3.
The Court shall retain jurisdiction to enforce the terms of the above Stipulation and
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this Order, see Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375
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(1994);
Litigation Expenses, Doc. No. 107.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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thanael M
Judge Na
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______________________________________
TED
GRAN
THE HONORABLE NATHANAEL COUSINS
United States Magistrate Judge
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Dated: November 20, 2015
. Cousins
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This Order resolves Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Other
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D IS T IC T O
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STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER
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