Center for Biological Diversity v. United States Bureau of Land Management et al

Filing 170

ORDER granting 169 Stipulation and Settlement re 153 Plaintiff Center for Biological Diversity's Motion for Attorneys' Fees and Costs. Signed by Judge Andrew P. Gordon on 6/19/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-00226-APG-VCF Document 169 Filed 06/19/18 Page 1 of 7

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DAYLE ELIESON
Interim United States Attorney
BLAINE T. WELSH
Assistant United States Attorney
Nevada State Bar No. 4790
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Tel: [phone], Fax: [phone]
Email: [e-mail]
JEFFREY H. WOOD
Acting Assistant Attorney General

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LUTHER L. HAJEK
STACEY BOSSHARDT
Trial Attorneys, Natural Resources Section
United States Department of Justice
Environment and Natural Resources Division
999 18th St., South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone], Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CENTER FOR BIOLOGICAL DIVERSITY,

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)
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Plaintiff,
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v.
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UNITED STATES BUREAU OF LAND
MANAGEMENT, et al.,
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Defendants,
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and
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SOUTHERN NEVADA WATER AUTHORITY, )
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Defendant-Intervenor.
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_________________________________________ )

Case No. 2:14-cv-226-APG-VCF
Consolidated with 2:14-cv-228-APG-VCF
STIPULATION AND SETTLEMENT
OF PLAINTIFF CENTER FOR
BIOLOGICAL DIVERSITY’S
MOTION FOR ATTORNEYS’ FEES
AND COSTS

ORDER

Case 2:14-cv-00226-APG-VCF Document 169 Filed 06/19/18 Page 2 of 7

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)
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WHITE PINE COUNTY, et al.,
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Plaintiff,
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v.
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UNITED STATES BUREAU OF LAND
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MANAGEMENT, et al.,
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Defendants,
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and
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SOUTHERN NEVADA WATER AUTHORITY, )
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Defendant-Intervenor.
_________________________________________ )

Case 2:14-cv-00226-APG-VCF Document 169 Filed 06/19/18 Page 3 of 7

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Defendants U.S. Bureau of Land Management and the U.S. Department of the Interior

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(collectively, “Defendants”) and Plaintiff Center for Biological Diversity (“Plaintiff”), through

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their undersigned attorneys, hereby stipulate and agree as follows:

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1.

Plaintiff has submitted a motion for attorneys’ fees and costs pursuant to the

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Equal Access to Justice Act, 28 U.S.C. 2412. See Plaintiff Center for Biological Diversity’s

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Motion for Attorneys’ Fees and Costs (“Fee Motion”) (ECF No. 153).

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2.

For purposes of settlement only and without conceding liability for attorneys’ fees

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and costs, Defendants agree to pay Plaintiff a total of $120,000 in full and complete satisfaction

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of Plaintiff’s Equal Access to Justice Act claim and any and all potential claims that Plaintiff

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may have for attorneys’ fees and costs associated with this case.
3.

The payment described in paragraph 2 shall be accomplished by electronic funds

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transfer to the Center for Biological Diversity. Within twenty days of execution of this

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agreement, Plaintiff’s counsel shall provide to Defendants the information necessary to

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accomplish the electronic funds transfer, including bank account number and routing

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information, and the name and address associated with the account.

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4.

Plaintiff and Plaintiff’s counsel agree to hold Defendants and the United States

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harmless in any litigation, further suit, or claim arising from the authorized transfer of the

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payments described in paragraph 3. The United State may offset the payment amount to account

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for any delinquent debts owed by the Center for Biological Diversity to the United States

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pursuant to 31 U.S.C. §§ 3711, 3716.

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5.

Plaintiff agrees that the receipt of the payment described in paragraph 2 shall

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operate as a waiver and release of any and all claims for attorneys’ fees and costs associated with

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this case.

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6.

This settlement is entered into solely for purposes of settling Plaintiff’s Fee

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Motion and does not represent an admission by any party of any claim or defense in relation to

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the Fee Motion for this case. Further, this settlement agreement has no precedential value. It

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shall not bind any party in any future proceeding of any kind, whether judicial or administrative

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STIPULATION AND SETTLEMENT
OF ATTORNEYS’ FEES AND COSTS

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Case 2:14-cv-00226-APG-VCF Document 169 Filed 06/19/18 Page 4 of 7

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in nature, and shall not be cited as evidence or referred to in any proceeding, except as necessary

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to effect the terms of this agreement.

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7.

No provision of this settlement agreement shall be interpreted as or constitute a

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commitment or requirement that Defendants obligate or pay funds in violation of the Anti-

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Deficiency Act, 31 U.S.C. § 1341, or any other applicable appropriations law.

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8.

This stipulation represents the entirety of the agreement between Plaintiff and

Defendants with regard to the settlement of Plaintiff’s claims for attorneys’ fees and costs.
9.

The undersigned representatives of each party certify that they are fully

authorized by the respective parties they represent to enter into the terms and conditions of this
settlement agreement and to legally bind the parties to the agreement.
10.

The terms of this agreement shall become effective upon the Court’s approval of

this stipulation.

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IT IS SO STIPULATED AND AGREED.

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Respectfully submitted this 19th day of June, 2018.

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DAYLE ELIESON
Interim United States Attorney

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BLAINE T. WELSH
Assistant United States Attorney
Nevada State Bar No. 4790
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]

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JEFFREY H. WOOD
Acting Assistant Attorney General

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/s/ Luther L. Hajek__________________
LUTHER L. HAJEK
STACEY BOSSHARDT
Trial Attorneys, Natural Resources Section
__________________________________ United States Department of Justice
United States District Judge
Environment & Natural Resources Division
Dated: June 19, 2018
999 18th St., South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
IT IS SO ORDERED.

STIPULATION AND SETTLEMENT
OF ATTORNEYS’ FEES AND COSTS

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Case 2:14-cv-00226-APG-VCF Document 169 Filed 06/19/18 Page 5 of 7

Facsimile: 303-844-1350
Email: [e-mail]

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Of Counsel:

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Stephen R. Palmer
Assistant Regional Solicitor
Office of the Regional Solicitor
Department of the Interior
2800 Cottage Way, Room E-1712
Sacramento, CA 95825-1890

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Attorneys for Defendants

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/s/ Marc D. Fink__________________________
Marc D. Fink, pro hac vice (MN Bar No. 343407)
Center for Biological Diversity
209 East 7th Street
Duluth, Minnesota 55805
Tel: [phone]
[e-mail]

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Julie Cavanaugh-Bill (NV Bar No. 11533)
Cavanaugh-Bill Law Offices, LLC
Henderson Bank Building
401 Railroad Street, Suite 307
Elko, Nevada 89801
Tel: [phone]
[e-mail]

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Attorneys for Plaintiff
Center for Biological Diversity

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IT IS SO ORDERED

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UNITED STATES DISTRICT JUDGE

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DATED: _______________________

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STIPULATION AND SETTLEMENT
OF ATTORNEYS’ FEES AND COSTS

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