Green v. McCarthy

Filing 21

ORDER OF DISMISSAL WITH PREJUDICE. Pursuant to the parties stipulation ECF No. 20 , all claims and causes of action in this matter are DISMISSED with prejudice. Plaintiff has received payment as full settlement of all claims for attorneys fees, costs, and expenses in accordance with Paragraph 4 of the Consent Decree. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 7 BILL GREEN, NO: 4:14-CV-5093-TOR Plaintiff, 8 9 v. 10 ORDER OF DISMISSAL WITH PREJUDICE GINA MCCARTHY, in her official capacity as Administrator, United States Environmental Protection Agency, Defendant. 11 12 13 14 BEFORE THE COURT is the parties’ Joint Stipulated Motion for Dismissal 15 with Prejudice (ECF No. 20). As all terms of the Consent Decree have been 16 satisfied, 1 the parties stipulate that this case be dismissed with prejudice pursuant 17 18 1 19 actions: (a) Paragraph 2 requires EPA to sign a final response to Plaintiff’s 20 Hanford Title V Petitions no later than May 29, 2015; (b) Paragraph 3 requires that Specifically, paragraphs 2 through 4 of the Consent Decree require the following ORDER OF DISMISSAL WITH PREJUDICE~ 1 1 to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and Paragraph 15 of the Court- 2 approved Consent Decree. See ECF No. 19 at 5-6. Pursuant to Paragraph 4 of the 3 Consent Decree, Plaintiff has received payment as full settlement of all claims for 4 attorneys’ fees, costs, and expenses. 5 ACCORDINGLY, IT IS ORDERED: 6 Pursuant to the parties’ stipulation (ECF No. 20), all claims and causes of 7 action in this matter are DISMISSED with prejudice. Plaintiff has received 8 payment as full settlement of all claims for attorneys’ fees, costs, and expenses in 9 accordance with Paragraph 4 of the Consent Decree. 10 11 12 The District Court Executive is directed to enter this Order, provide copies to counsel, and CLOSE the file. DATED December 1, 2015. 13 14 THOMAS O. RICE United States District Judge 15 16 EPA deliver notice of such action to the Office of the Federal Register for prompt 17 publication, and transmit EPA’s final action on the petitions, if objecting in whole 18 or in part to the State’s action, to the State of Washington Department of Ecology; 19 and (c) Paragraph 4 provides that the Parties shall seek to resolve any claim by 20 Plaintiff for litigation costs, including attorney’s fees. ECF No. 19 at 2-3. ORDER OF DISMISSAL WITH PREJUDICE~ 2

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