Klamath-Siskiyou Wildlands Center et al v. National Oceanic and Atmospheric Administration National Marine Fisheries Service et al, No. 3:2013cv03717 - Document 122 (N.D. Cal. 2015)
Court Description: ORDER GRANTING STIPULATIONS AND SETTLING COSTS AND ATTORNEYS FEES 120 . This Order resolves Plaintiffs' Motion for Attorneys' Fees, Costs, and Other Litigation Expenses 107 . Signed by Judge Nathanael Cousins on 11/20/2015. (lmh, COURT STAFF) (Filed on 11/20/2015)
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Klamath-Siskiyou Wildlands Center et al v. National Oceanic and Atm...Marine Fisheries Service et al 4 JOHN R. MELLGREN, Oregon Bar # 114620 Western Environmental Law Center 1216 Lincoln Street Eugene, Oregon 97401 Ph: (541) 359-0990 mellgren@westernlaw.org 5 Doc. 122 Attorney for Plaintiffs 1 2 3 THE HONORABLE NATHANAEL COUSINS 6 UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 KLAMATH-SISKIYOU WILDLANDS CENTER, CENTER FOR BIOLOGICAL DIVERSITY, and KLAMATH FOREST ALLIANCE, ) ) ) ) Plaintiffs, ) v. ) ) NATIONAL OCEANIC AND ATMOSPHERIC ) ADMINISTRATION, NATIONAL MARINE ) FISHERIES SERVICE, and UNITED STATES ) FISH AND WILDLIFE SERVICE, ) ) Defendants, ) ) and ) ) ) FRUIT GROWERS SUPPLY COMPANY, ) Defendant-Intervenor. ) ___________________________________________ ) Case No. 3:13-cv-3717-NC STIPULATIONS AND AGREED ORDER SETTLING COSTS AND ATTORNEYS’ FEES 19 20 Pursuant to Civil Local Rule 7-12, this stipulation is entered into by and between 21 Plaintiffs Klamath-Siskiyou Wildlands Center, Center for Biological Diversity, and Klamath 22 Forest Alliance and Federal Defendants National Oceanic and Atmospheric Administration, 23 24 STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER EXPENSES – Case No. 3:13-cv-3717-NC – Page 1 Dockets.Justia.com 1 National Marine Fisheries Service, and U.S. Fish and Wildlife Service. Plaintiffs and Federal 2 Defendants hereby agree and stipulate as follows: 3 WHEREAS, Plaintiffs’ lawsuit challenged Federal Defendants’ issuance of Incidental 4 Take Permits to Defendant-Intervenor Fruit Growers Supply Company under Section 10 of the 5 Endangered Species Act, see 16 U.S.C. § 1539(a)(2)(B); 6 7 8 9 10 11 12 13 14 WHEREAS, The Court granted Plaintiffs’ cross-motion for summary judgment in part and denied the motion in part; WHEREAS, Plaintiffs filed a Motion for Attorneys’ Fees, Costs, and Other Litigation Expenses on August 27, 2015. Doc. No. 107; WHEREAS, The parties have reached a settlement agreement that obviates the need for further litigation of Plaintiffs’ motion for fees and costs; NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Plaintiffs are entitled to an award of costs and attorneys’ fees under the 15 Endangered Species Act, 16 U.S.C. § 1540(g). Federal Defendants shall pay Plaintiffs a total of 16 four hundred and eighty thousand dollars ($480,000.00) for attorneys’ fees, costs, and other 17 litigation expenses for this lawsuit. 18 2. Federal Defendants shall make the payment required by Paragraph 1 and the 19 agreed order below by electronic funds transfer to the client trust account of the Western 20 Environmental Law Center, 1216 Lincoln Street, Eugene, Oregon 97401. 21 3. Plaintiffs agree to furnish Federal Defendants with the information necessary to 22 effectuate the payment required by Paragraph 1 of this stipulation and the agreed order below. 23 Federal Defendants agree to submit all necessary paperwork for the processing of the attorneys’ 24 STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER EXPENSES – Case No. 3:13-cv-3717-NC – Page 2 1 fees award to the Department of the Treasury’s Judgment Fund Office within ten (10) business 2 days of entry of the Order below by the court or the receipt of the information described in this 3 Paragraph, whichever is later. 4 4. Plaintiffs agree to accept Federal Defendants’ payment of $480,000.00 in full 5 satisfaction of any and all claims for attorneys’ fees and costs of litigation incurred in this matter 6 to date. Plaintiffs agree that receipt of this payment from Federal Defendants shall operate as a 7 release of Plaintiffs’ claims for attorneys’ fees and costs in this matter to date. 8 9 5. Plaintiffs reserve the right to seek additional fees and costs incurred subsequent to this Stipulation arising in any future litigation or continuation of the present action. Federal 10 Defendants reserve the right to contest fees claimed by Plaintiffs or Plaintiffs’ counsel, including 11 hourly rates and the number of hours billed, in any future litigation or continuation of the present 12 action. Further, this Stipulation as to attorneys’ fees and costs has no precedential value and 13 shall not be used as evidence in any other attorneys’ fees litigation. 14 6. Nothing in this Stipulation shall be interpreted as, or shall constitute, a 15 requirement that Federal Defendants are obligated to pay any funds exceeding those available, or 16 take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other 17 appropriations law. 18 19 20 7. This Stipulation shall be binding on the parties and their successors, agents, designees, employees, and all those acting by and through their authority. 8. The parties agree that this Stipulation was negotiated in good faith and that this 21 Stipulation constitutes a resolution of claims that were denied and disputed by the parties. By 22 entering into this Stipulation, the parties do not waive any claim or defense. 23 24 STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER EXPENSES – Case No. 3:13-cv-3717-NC – Page 3 1 9. The undersigned representatives of each party certify that they are fully 2 authorized by the parties they represent to agree to the terms and conditions of this Stipulation 3 and do hereby agree to the terms herein. 4 10. The parties hereby jointly and respectfully request that the Court review and 5 approve the terms of this stipulation, and retain jurisdiction to enforce its terms. See Kokkonen 6 v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994). 7 Respectfully submitted this 20th day of November, 2015. 11 __/s/ John R. Mellgren__________________ JOHN R. MELLGREN, Oregon Bar # 114620 Western Environmental Law Center 1216 Lincoln Street Eugene, Oregon 97401 Ph: (541) 359-0990 mellgren@westernlaw.org 12 Attorney for Plaintiffs 13 JOHN C. CRUDEN Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division SETH M. BARSKY, Chief KRISTEN L. GUSTAFSON, Assistant Chief 8 9 10 14 15 16 21 __/s/ Travis J. Annatoyn_________________ TRAVIS J. ANNATOYN, Trial Attorney United States Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7611 Washington, D.C. 20044-7611 (202) 514-5243 (tel) (202) 305-0275 (fax) 22 Attorneys for Federal Defendants 17 18 19 20 23 24 STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER EXPENSES – Case No. 3:13-cv-3717-NC – Page 4 1 2 3 4 E-FILING ATTESTATION Pursuant to Civil Local Rule 5-1(i)(3), I attest that Travis J. Annatoyn has concurred in the filing of this document. /s/ John R. Mellgren ____________________ JOHN R. MELLGREN, Oregon Bar # 114620 5 Attorney for Plaintiffs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER EXPENSES – Case No. 3:13-cv-3717-NC – Page 5 1 2 3 4 ORDER The above STIPULATION concerning attorneys’ fees, costs, and other litigation expenses in the above-captioned litigation is hereby APPROVED and GRANTED. 1. Federal Defendants shall pay Plaintiffs $480,000.00 in full satisfaction of any and all 5 claims for attorneys’ fees, costs, and other litigation expenses in the above-captioned 6 litigation to date; 7 2. Federal Defendants shall submit all necessary paperwork for the processing of the 8 attorneys’ fees award to the Department of the Treasury’s Judgment Fund Office 9 within ten (10) business days of entry of this Order or the receipt of the required information from Plaintiffs, as described in Paragraph 3 of the Stipulation; 10 11 3. The Court shall retain jurisdiction to enforce the terms of the above Stipulation and 12 this Order, see Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 13 (1994); Litigation Expenses, Doc. No. 107. PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 ER . Cousins H 23 thanael M Judge Na RT 22 ______________________________________ T ED GRAN THE HONORABLE NATHANAEL COUSINS United States Magistrate Judge NO 21 Dated: November 20, 2015 R NIA 19 UNIT ED 18 S DISTRICT TE C TA RT U O S 17 FO 16 This Order resolves Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Other LI 15 4. A 14 N F D IS T IC T O R 24 STIPULATION AND ORDER ON ATTORNEYS’ FEES, COSTS, AND OTHER EXPENSES – Case No. 3:13-cv-3717-NC – Page 6 C
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