Center for Biological Diversity et al v. National Marine Fisheries Service et al

Filing 52

STIPULATED SETTLEMENT AGREEMENT AND ORDER to Resolve Plaintiff's 51 Claim for Attorneys' Fees and Costs. Federal Defendants agree to pay and Plaintiffs agree to accept a total lump sum payment of $76,740.00 in full satisfaction of any and all claims for attorneys' fees and costs incurred in this litigation. Signed by Judge Marsha J. Pechman. (SB)

Case 2:19-cv-00487-MJP Document 52 Filed 10/06/21 Page 1 of 5

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THE HONORABLE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CENTER FOR BIOLOGICAL DIVERSITY,
et al.,
Plaintiffs,

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v.

STIPULATED SETTLEMENT
AGREEMENT AND ORDER TO
RESOLVE PLAINTIFFS’ CLAIM FOR
ATTORNEYS’ FEES AND COSTS

NATIONAL MARINE FISHERIES
SERVICE, et al.;

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CASE NO. C19-487 MJP

Federal Defendants,
and

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PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS, et al.,
Defendant-Intervenors.

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By and through their respective counsel, Plaintiffs Center for Biological Diversity and

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Wild Fish Conservancy (“Plaintiffs”) and Federal Defendants National Marine Fisheries Service,

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et al. (“Federal Defendants”) hereby agree to resolve the issue of attorneys’ fees and costs set

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forth in the following Stipulated Settlement Agreement (the “Agreement”).

STIP. AGREEMENT
Civil Action No. 2:19-CV-00487-MJP
Page 1

CENTER FOR BIOLOGICAL DIVERSITY
2400 NW 80th St. #146 ● Seattle, WA 98117
[phone]

Case 2:19-cv-00487-MJP Document 52 Filed 10/06/21 Page 2 of 5

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Federal
Defendants, through their respective counsel:
1.

Federal Defendants agree to pay and Plaintiffs agree to accept a total lump sum

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payment of seventy-six thousand, seven hundred and forty dollars ($76,740.00) in full

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satisfaction of any and all claims for attorneys’ fees and costs incurred in this litigation pursuant

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to the Endangered Species Act, 16 U.S.C. § 1540(g), and/or any other statute and/or common

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law theory, through and including the effective date of this Agreement.

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2.

Federal Defendants shall make the payment set forth in Paragraph 1 by electronic

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funds transfer to the Center for Biological Diversity. Counsel for Plaintiffs will provide Federal

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Defendants’ counsel the appropriate account number and other information needed to facilitate

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payment. Federal Defendants shall submit the necessary paperwork for the payment within

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twenty-eight (28) days after the Court’s approval of this Agreement or the receipt of the

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information necessary to effectuate payment, whichever is later.

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3.

In acknowledgment of and in exchange for the promises and other consideration

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contained in this Agreement and the payment of $76,740.00 by Federal Defendants to Plaintiffs,

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Plaintiffs hereby release Federal Defendants and all past, present, and future officers, agents,

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representatives, and employees of the United States Department of Commerce from any and all

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claims and causes of action whatsoever that Plaintiffs ever had, now have, or hereafter may have

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for attorneys’ fees and costs related to the Lawsuit or to this Agreement.

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4.

This Agreement does not constitute, and shall not be construed, as an admission

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or concession on the part of any party with respect to any fact, claim, or defense in this Lawsuit.

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Federal Defendants do not waive any defenses they may have concerning the fee claims settled

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under this Agreement. Further, this Agreement has no precedential value and shall not be used as

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evidence in any other attorneys’ fees litigation.

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5.

No provision of this Agreement shall be interpreted as, or constitute, a

commitment or requirement that Federal Defendants are obligated to spend funds exceeding

STIP. AGREEMENT
Civil Action No. 2:19-CV-00487-MJP
Page 2

CENTER FOR BIOLOGICAL DIVERSITY
2400 NW 80th St. #146 ● Seattle, WA 98117
[phone]

Case 2:19-cv-00487-MJP Document 52 Filed 10/06/21 Page 3 of 5

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those available or take any action in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341, or

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any other law or regulation.

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6.

The Agreement contains all of the agreement between Plaintiffs and Federal

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Defendants, and is intended to be the final and sole agreement between them. Plaintiffs and

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Federal Defendants agree that any prior or contemporaneous representations or understanding

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not explicitly contained in this written Agreement, whether written or oral, are of no further legal

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or equitable force or effect.

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7.

Federal Defendants and Federal Defendants’ counsel consent to Plaintiffs’

counsel filing this Agreement bearing Federal Defendants’ counsel’s electronic signature.
8.

The undersigned representatives of each party certify that they are fully

authorized by the parties they represent to enter into this Agreement.

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IT IS HEREBY AGREED.

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Dated: October 5, 2021

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TODD KIM
Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
MEREDITH FLAX, Assistant Chief

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s/ Coby Howell
COBY HOWELL, Senior Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
1000 S.W. Third Avenue, Room 600
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants

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STIP. AGREEMENT
Civil Action No. 2:19-CV-00487-MJP
Page 3

CENTER FOR BIOLOGICAL DIVERSITY
2400 NW 80th St. #146 ● Seattle, WA 98117
[phone]

Case 2:19-cv-00487-MJP Document 52 Filed 10/06/21 Page 4 of 5

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s/ Julie Teel Simmonds
Julie Teel Simmonds, Senior Attorney
CENTER FOR BIOLOGICAL DIVERSITY
1536 Wynkoop St., Ste. 421
Denver, CO 80202
Phone: [phone]
[e-mail]

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s/ Sarah Uhlemann
Sarah Uhlemann (WA Bar No. 41164)
CENTER FOR BIOLOGICAL DIVERSITY
2400 NW 80th Street, #146
Seattle, WA 98117
Phone: [phone]
[e-mail]

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Attorneys for Plaintiffs

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IT IS SO ORDERED,

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Date: October 6, 2021

A

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Marsha J. Pechman
United States Senior District Judge

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STIP. AGREEMENT
Civil Action No. 2:19-CV-00487-MJP
Page 4

CENTER FOR BIOLOGICAL DIVERSITY
2400 NW 80th St. #146 ● Seattle, WA 98117
[phone]

Case 2:19-cv-00487-MJP Document 52 Filed 10/06/21 Page 5 of 5

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CERTIFICATE OF SERVICE

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I certify that the foregoing will be electronically filed with the Court’s electronic filing
system, which will generate automatic service upon on all Parties enrolled to receive such notice.

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s/ Julie Teel Simmonds
JULIE TEEL SIMMONDS

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STIP. AGREEMENT
Civil Action No. 2:19-CV-00487-MJP
Page 5

CENTER FOR BIOLOGICAL DIVERSITY
2400 NW 80th St. #146 ● Seattle, WA 98117
[phone]