Center for Biological Diversity
Filing
14
ORDER Approving 13 Stipulation of Dismissal Pursuant to Rule 41(a)(2) The parties shall file a status report on or before October 21, 2015, describing whether they have reached an agreement regarding attorneys' fees and costs, by Judge William J. Martinez on 10/16/2015.(cthom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 15-cv-01259-WJM-KLM
CENTER FOR BIOLOGICAL DIVERSITY,
Plaintiff,
v.
SALLY JEWELL, Secretary of the Department of the Interior, and
U.S. FISH AND WILDLIFE SERVICE,
Defendants.
_____________________________________________________________________________
ORDER APPROVING STIPULATION OF DISMISSAL PURSUANT TO RULE 41(a)(2)
_____________________________________________________________________________
It is ordered that the terms and conditions of the parties’ Stipulated Dismissal (ECF No.
13) are hereby adopted as an ORDER of this Court. Therefore:
1.
The Court dismisses this case pursuant to Rule 41(a)(2) of the Federal Rules of
Civil Procedure.
2.
Notwithstanding this dismissal, nothing in the Stipulated Dismissal precludes
Plaintiff from challenging application of the attorney-client privilege to the documents withheld
or redacted under 5 U.S.C. § 552(b)(5) in the event Plaintiff files suit in federal district court
regarding FWS’s October 1, 2014 ESA decision that listing the Rio Grande cutthroat trout as
endangered is not warranted.
3.
Plaintiff is entitled to recover its reasonable attorney fees and costs in this action
under FOIA, 5 U.S.C. § 552(a)(4)(E)(1). The parties are finalizing an agreement to resolve
attorney’s fees and costs. The parties shall file a status report on or before October 21, 2015,
describing whether they have reached an agreement regarding attorneys’ fees and costs. 1 The
Court retains jurisdiction to resolve the issue of attorney fees and costs. See Kokkonen v.
Guardian Life Ins. Co. of America, 511 U.S. 375 (1994).
Dated this 16th day of October, 2015.
BY THE COURT:
__________________________________
William J. Martínez
United States District Judge
1
The parties’ proposed order contained this sentence: “To ensure completion of this agreement,
the October 21, 2015 deadline (ECF Doc. 9) for filing a Notice of Settlement or a Status Report
informing the Court that the parties wish to proceed with this litigation remains in place.” The
Court rejects this sentence because it is inconsistent with the order of dismissal in ¶ 1, supra.
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