WildEarth Guardians v. Jackson
Filing
50
ORDER granting 49 Joint Motion to Amend Consent Decree in Order to Effectuate The Parties' Settlement of Plaintiff's Claim For AdditionalFees. By Judge Robert E. Blackburn on 5/1/2014.(klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 09-cv-02148-REB-MJW
WILDEARTH GUARDIANS,
Plaintiff,
v.
GINA McCARTHY, in her official capacity as Administrator, United States
Environmental Protection Agency,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
Blackburn, J.
The matter is before me on the Joint Motion to Amend Consent Decree in
Order to Effectuate The Parties’ Settlement of Plaintiff’s Claim For Additional
Fees [#49]1 filed May 1, 2014. After reviewing the motion and the record, I conclude
that the motion should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Motion to Amend Consent Decree in Order to Effectuate
The Parties’ Settlement of Plaintiff’s Claim For Additional Fees [#49] filed May 1,
2014, is GRANTED;
2. That Paragraph 11 of the Amended Consent Decree [#24] entered May 26,
2010, is AMENDED by the addition of a new Subparagraph 11(a) as follows:
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“[#49]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention
throughout this order.
11(a).
EPA agrees to settle plaintiff’s claims for
attorneys’ fees and costs incurred after entry of this Amended
Consent Decree by paying $5,925.00 as soon as reasonably
practicable after the court grants the parties’ joint motion to
amend the Amended Consent Decree adding this new
subparagraph 11(a). This amount shall be paid by Fed Wire
Electronic Funds Transfer to WildEarth Guardians’ counsel
Robert Ukeiley, P.S.C. in accordance with payment
instructions to be provided by Robert Ukeiley. Plaintiff agrees
to provide counsel for defendant all necessary information
for processing the electronic funds transfer within five (5)
business days after receipt of the court’s order granting
the parties’ joint motion to amend the Amended Consent
Decree adding this new subparagraph 11(a). Plaintiff
agrees to accept $5,925.00 in full satisfaction of any and all
claims for attorneys’ fees and costs with respect to this case
incurred from the date of entry of the Amended Consent Decree
to the date of the Amended Consent Decree is terminated
and this case dismissed, regardless of whether the claim
arose under the Amended Consent Decree or the parties’
separate Settlement Agreement. The fees paid under this
subparagraph shall have no precedential value in any future
fee claim between these parties in any other matter.
2. That all other terms and provisions of the Amended Consent Decree [#24]
SHALL REMAIN in effect, except to the extent they have been amended previously by
order of this court.
Dated May 1, 2014, at Denver, Colorado.
BY THE COURT:
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