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Hells Canyon Preservation Council v. Connaughton

United States District Court, Ninth Circuit

September 3, 2013

HELLS CANYON PRESERVATION COUNCIL and OREGON NATURAL DESERT ASSOCIATION Plaintiffs,
v.
KENT CONNAUGHTON, Regional Forester, Region 6, and the U.S. FOREST SERVICE Defendants,
v.
PAT AND ANNA SULLIVAN et al Defendant-Intervenors.

S. AMANDA MARSHALL, Oregon State Bar No. 95347, U.S. Attomey, STEVE ODELL, Oregon State Bar No. 903530, Assistant United States Attorney, District of Oregon, Portland, OR, ROBERT G. DREHER, Acting Assistant Attorney General, Environment and Natural Resources Division, AYAKO SATO, DC Bar No. 977669, Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Natural Resources Section, Washington, D.C., Attorneys for Federal Defendants.

Jennifer R. Schwartz, OSB # 072978, Hells Canyon Preservation Council, La Grande, OR, Lauren M. Rule, OSB # 015174, Portland, OR, Peter M. Lacy ("Mac"), OSB # 01322, Oregon Natural Desert Association, Portland, OR, Attorneys for Plaintiff.

STIPULATION REGARDING SETTLEMENT OF ATTORNEYS FEES, EXPENSES, AND COSTS & ORDER

MICHAEL W. MOSMAN, District Judge.

This Stipulation Regarding Settlement of Attorneys' Fees, Expenses, and Costs (hereinafter, "Stipulation") is made between Plaintiffs, Hells Canyon Preservation Council and Oregon Natural Desert Association (collectively, "Plaintiffs"), and Defendants, Kent Connaughton, in his official capacity as Regional Forester, Region 6 of the United States Forest Service, and the United States Forest Service (collectively, "Federal Defendants").

RECITALS

WHEREAS, upon cross-motions for summary judgment, this Court granted partial judgment in favor of Plaintiffs as to their claims under the National Environmental Policy Act, ECF No. 162;

WHEREAS, on June 4, 2013, Plaintiffs filed a Motion for Attorneys' Fees and Costs pursuant to the Equal Access to Justice Act, 28 U.S.C. ยง 2412 ("EAJA"), ECF No. 171;

WHEREAS, the Federal Defendants and Plaintiffs have consulted with the Defendant-Intervenors, and the Defendant-Intervenors have indicated that they take no position with respect to this Agreement;

WHEREAS, the Federal Defendants and the Plaintiffs enter into this Stipulation without any admission of fact or law, or waiver of any claims or defenses, factual or legal;

NOW THEREFORE, in the interests of judicial economy and to avoid further litigation over Plaintiffs' claim for attorneys' fees, expenses, and costs, Plaintiffs and Defendants hereby stipulate and agree as follows:

1. The Federal Defendants agree to pay $136, 500.00 in full settlement of Plaintiffs' claim for attorneys' fees, expenses, and costs incurred in the above-captioned litigation.

2. Plaintiffs accept payment of $136, 500.00 in full satisfaction of any and all claims for attorneys' fees, expenses, and costs of litigation to which they allege they may be entitled in the above-captioned case, including any claims for fees, expenses, and costs related to the preparation of Plaintiffs' fee application or this Stipulation and any and all claims, demands, rights, and causes of action pursuant to the EAJA and/or any other authority.

3. Plaintiffs' payment shall be accomplished by electronic funds transfer to the bank account of Hells Canyon Preservation Council. Plaintiffs will provide within five days of the Court's approval of this Stipulation the following information necessary for Federal Defendants to make payment via electronic fund transfer: the payee's name, the payee's address, the name of the payee's bank, the payee's bank account number, the bank address and telephone number, a contact person at the bank, the account type, the bank routing transit number, and the payee's tax identification number.

4. Federal Defendants will submit the necessary paperwork to the National Finance Center within 30 days of receipt ...


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