Oregon Natural Desert Ass'n et al v. U.S. Forest Service et al

Filing 648

ORDER: Stipulation as to Attorney Fees and Costs in Allen v. NMFS, 2:08-cv-00151-HA. ( Granting Motion for Attorney Fees (615) in case 2:08-cv-00151-HA) Signed on 7/31/2012 by Judge Ancer L. Haggerty. Associated Cases: 2:07-cv-01871-HA, 2:08-cv-00151-HA, 3:03-cv-00381-HA (ecp)

Elizabeth E. Howard, OSB No. 012951
Email: [e-mail]
Anne D. Foster, OSB No. 993152
Email: [e-mail]
Dunn Carney Allen Higgins & Tongue LLP
851 SW Sixth Avenue, Suite 1500
Portland, OR 97204-1357
Attorneys for Plaintiffs Allen, eta/. I
Defendant-Intervenors Allen, eta/.

S. Amauda Marshall, OSB No. 953473
United States Attomey
Stephen J. Odell, OSB No. 903530
[e-mail]
Assistant United States Attorney
1000 SW Third Avenue, Suite 600
P01tland, OR 97204-2902
[phone] (tel) I [phone] (fax)
Ignacia S. Moreno
Assistant Attorney General
Environment & Natural Resources Division
Seth M. Barsky, Chief
Erik E. Petersen, D.C., Bar No. 489073
[e-mail]
Trial Attomey
Wildlife & Marine Resources Section
Ben Franklin Station, PO Box 7369
Washington, D.C. 20044-7369
[phone] (tel) I [phone] (fax)
Of Attomevs for Federal Defendants

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PENDLETON DIVISION

OREGON NATURAL ASS'N CENTER FOR
BIOLOGICAL DIVERSITY, and WESTERN
WATERSHEDS PROJECT,
Plaintiff,

v.

Case No. 2:07-cv-01871-HA
[Related Case No. 2:03-cv-00381-HA]
[Related Case No. 2:08-cv-00151-HA]
STIPULATION AS TO ATTORNEY
FEES AND COSTS IN ALLEN V.
NMFS, 2:08-cv-00151-HA

TOM TIDWELL, eta/.,

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Defendants.
STIPULATION AS TO ATTORNEY FEES IN ALLEN V. NMFS, 2:08-CV-00151-HA

DCAPDX_767502_v5

v.
HARLEY & SHERRIE ALLEN,
Defendants-Intervenors.

Plaintiffs Allen, et a/. and Federal Defendants National Marine Fisheries Service, et a/.
hereby stipulate and agree to the following:

1. Plaintiffs Allen, et a/. and Federal Defendants counsel represent that they are each fully
authorized to enter into this Stipulation on behalf of Plaintiffs Allen, et a/. and Federal
Defendants, respectively.
2. Pursuant to the citizen-suit provision of the Endangered Species Act, 16 U.S.C.

§ 1540(g)(4), Federal Defendants agree to pay Plaintiffs Allen, et al. $120,000 as
reasonable attomey fees and costs incutTed in pursuing the claim on which the latter
prevailed in Case No. 2:08-cv-00151-HA, one of the above-captioned consolidated
. actions, and agree to pay that amount to the trust account of Dunn Carney based on the
representations by Plaintiffs' counsel provided below in paragraph 5;
3. Upon receiving payment by Federal Defendants as provided for in paragraph 2, above,
Plaintiffs Allen, et a/. agree to waive any and all right or entitlement they may have to
seek an award of any attorney fees, costs, and expenses they incurred in pursuing their
claims or otherwise pmticipating in any fashion in Allen v. NMFS, 2:08-cv-00151-HA;
4. Within I 0 days of this Court approving this Stipulation, as the parties request below in
paragraph 7, Federal Defendants agree to submit for processing the payment they have
agreed to make in paragraph 2, above. Federal Defendants further agree to undetiake all

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STJPULATION AS TO ATTORt'lEY FEES IN ALLEN V. NMFS, 2:08-CV -00 151-HA

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reasonable effmis to provide for prompt processing and delivery of the payment they
have agreed to make in paragraph 2.
5. Plaintiffs Allen, et al.'s counsel cetiifies that Dunn Carney is fully authorized to accept
all such sums on behalf of Plaintiffs in Allen v. NMFS, 2:08-cv-151-HA, and that no such
Plaintiff presently has any outstanding debts or liabilities owed to the United States that
would be potentially subject to offset against whatever amount of any portion of the
award for which this stipulation provides to which he or she may be entitled.
6. The entry into this stipulation does not constitute, and shall not be relied upon, or attempt
to be relied upon, by any party as an admission or concession of fact or law on the part of
any other party as to the entitlement to be awarded fees or costs and/or the amount of fees
or costs to which it may be entitled, or any other issue related to fees and costs incurred
in this litigation.

7. The parties respectfully request that the Court incorporate this stipulation into its
Order by signing on the signature block below provided for that purpose.

~/

Respectfully submitted this

?0

day

of__,J~...-'11e E.

Dunn Carney Allen Higgins & Tongue LLP
Of Attorneys for Plaintiffs Allen et at.

'----:><(jpnen
As istant .S. Attorney District of Oregon
Of ttomeys for Federal Defendants
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STIPULATION AS TO ATTORNEY FEES IN ALLEN V: NMFS, 2:08-CV-00151-HA

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Having reviewed the foregoing stipulation of the parties, I HEREBY APPROVE IT this
dayof

}£,

3J

2012.

THE HONORABLE ANCER
U.S. District Judge

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STIPULATION AS TO ATTORNEY FEES IN ALLEN V. NMFS, 2:08-CV-00151-HA

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