WildEarth Guardians et al v. Forson et al

Filing 176

ORDER: This matter having come before the Court on the request of the parties, and the Court being duly informed of the provisions in the Settlement Agreement entered by the parties to this matter, the parties' Joint Motion and Stipula tion to Vacate Findings and Recommendation 175 is GRANTED, and NOW THEREFORE IT IS ORDERED that the F&R entered as ECF No. 162 is hereby vacated. Signed on 3/16/2021 by Judge Marco A. Hernandez. Associated Cases: 2:17-cv-01004-SU, 2:17-cv-01091-SU, 2:17-cv-01366-SU (dsg)

Case 2:17-cv-01004-SU

Document 176

JEAN E. WILLIAMS
Acting Assistant Attorney General
Environment & Natural Resources Division
U.S. Department of Justice
SHAUN M. PETTIGREW
Natural Resources Section
c/o NOAA, Damage Assessment
7600 Sand Point Way, NE
Seattle, WA 98155
Phone: [phone]
[e-mail]
Counsel for Federal Defendants

Filed 03/16/21

Page 1 of 2

Oliver J. H. Stiefel, OSB # 135436
Tel: [phone]
[e-mail]
Crag Law Center
3141 E Burnside Street
Portland, Oregon 97214
Fax: [phone]
David H. Becker, OSB # 081507
Tel: [phone]
[e-mail]
Law Office of David H. Becker, LLC
4110 SE Hawthorne Boulevard # 168
Portland, Oregon 97214
Attorneys for Central Oregon LandWatch

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PENDLETON DIVISION
CENTRAL OREGON LANDWATCH, an
Oregon non-profit corporation,

Case No. 2:17-cv-1004-SU (Lead Case)
Case No. 2:17-cv-1091-SU (Trailing Case)
Case No. 2:17-cv-1366-SU (Trailing Case)

Plaintiff,
v.
SHANE JEFFRIES, in his official capacity as
Ochoco National Forest Supervisor; GLENN
CASAMASSA, in his official capacity as
Regional Forester for Region 6; and UNITED
STATES FOREST SERVICE,
Federal Defendants,
and
OCHOCO TRAIL RIDERS, OREGON
MOTORCYLE RIDERS ASSOCIATION,
PACIFIC NORTHWEST 4 WHEEL DRIVE
ASSOCIATION, DESCHUTES COUNTY 4
WHEELERS, and THE BLUERIBBON
COALTION,
Defendant-Intervenors

1 – ORDER

ORDER

Case 2:17-cv-01004-SU

Document 176

Filed 03/16/21

Page 2 of 2

On August 7, 2020, Magistrate Judge Sullivan issued a Findings and Recommendation
(F&R), ECF No. 162, addressing Plaintiff’s Amended Motion for Attorney Fees, Costs, and
Other Expenses, ECF No. 137. See Central Or. Landwatch v. Jeffries, Civ. Nos. 2:17-cv-01004SU, 2:17-cv-01091-SU, 2:17-cv-01366-SU, 2020 WL 8172994 (D. Or. Aug. 7, 2020).
Following extensions of the deadline to object to the F&R, the parties filed a Stipulated
Settlement Agreement and Release (Settlement Agreement) on February 4, 2021. ECF No. 173.
Paragraph 2 of the Settlement Agreement provides that following payment under the terms of the
Settlement Agreement, the parties “will jointly request that the Court enter an order vacating the
F&R, pursuant to Paragraph 5.” Id. ¶ 2. Paragraph 5 provides that “[w]ithin fifteen (15)
calendar days after Crag Law Center’s receipt of the payment described in Paragraphs 1 and 3 of
this Agreement, the parties will file a joint stipulation requesting that the Court vacate the F&R.”
Id. ¶ 5.
This matter having come before the Court on the request of the parties, and the Court
being duly informed of the above provisions in the Settlement Agreement entered by the parties
to this matter, the parties’ Joint Motion and Stipulation to Vacate Findings and Recommendation
(ECF No. 175) is GRANTED, and NOW THEREFORE IT IS ORDERED that the F&R
entered as ECF No. 162 is hereby vacated.

DATE: ________________________
March 16, 2021

Hon. Marco A. Hernández
U.S. District Judge

2 – ORDER