Lawyers' Committee For Civil Rights of the San Francisco Bay Area v. United States Department of Treasury

Filing 85

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 8/31/11. (nah, COURT STAFF) (Filed on 8/31/2011)

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1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 2 3 4 5 LAWYERS’ COMMITTEE FOR CIVIL RIGHTS OF SAN FRANCISCO BAY AREA, 6 7 8 Plaintiff, v. UNITED STATES DEPARTMENT OF THE TREASURY, 9 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-2590 PJH STIPULATION AND ORDER DISMISSING CASE DEPT: Hon. Phyllis J. Hamilton 10 11 12 INTRODUCTION In May 2007, plaintiff Lawyers Committee for Civil Rights of the San Francisco Bay 13 Area brought this action against the United States Department of the Treasury (Treasury), 14 seeking the release of certain records by Treasury’s Office of Foreign Assets Control under the 15 Freedom of Information Act (FOIA), 5 U.S.C. § 552. 16 In accordance with a series of orders issued by the Court, Treasury processed and 17 released records on a “rolling” basis through January 2011. The only remaining issue in the case 18 is plaintiff’s demand for attorney fees and costs. 19 Now, Therefore, plaintiff and Treasury stipulate and agree as follows: 20 TERMS 21 1. This action shall be dismissed with prejudice. 22 2. Treasury shall pay to plaintiff a total of One Hundred and Fifty Thousand Dollars 23 24 25 26 27 28 ($150,000) in attorney fees and costs pursuant to 5 U.S.C. 552(a)(4)(e). 3. Plaintiff shall not seek, and Treasury shall not be required to pay, any additional fees, costs or expenses in this case. 1 4. Upon payment of the amount set forth in the second paragraph, plaintiff releases the 2 United States, its agencies, departments, officers, employees, servants and agents, including 3 Treasury, from any claim for attorney fees, costs, and expenses of any kind relating to services 4 performed in connection with this case. 5 6 7 8 9 10 11 5. Nothing in this Stipulation and Order shall constitute an admission by Treasury or the United States that plaintiff is eligible for or entitled to an award of attorney fees in this case. 6. This Stipulation and Order shall not constitute precedent in connection with a motion for attorney fees in any other case. 7. This Stipulation and Order constitutes the entire agreement between plaintiff and Treasury. Dated: August 31, 2011 12 13 MELINDA HAAG United States Attorney 14 TONY WEST Assistant Attorney General 15 16 17 18 19 20 JOHN R. TYLER /s/ PETER T. WECHSLER United States Department of Justice Civil Division Federal Programs Branch Post Office Box 883 Washington D.C. 20044 Tel: (202) 514-2705 Fax: (202) 616-8470 /s/ THOMAS R. BURKE DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street San Francisco, California 94111-6533 Tel: (415) 276-6500 Fax: (415-276-6599 Attorneys for Plaintiff 21 Attorneys for Defendant 22 23 SO ORDERED 24 31st August DATED this _____ day of _______, 2011 25 ilton R NIA S FO Ham hyl J. No. PClis07-2590 PJH Judge A H ER LI RT STIPULATION AND ORDER NO 28 UNIT ED 27 __________________________________ S DISTRICT TE C TA HONORABLE PHYLLIS J. HAMILTON ERED O United States District Court JudgeORD IT IS S RT U O 26 N F D IS T IC T O R C -2-

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