STIPULATION AND PROPOSED ORDER Plaintiffs, TO VOLUNTARILY DISMISS WITHOUT PREJUDICE
Plaintiffs Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center, and Klamath Forest Alliance (Plaintiffs), and Defendants Patricia A. Grantham and United States Forest Service (Defendants) submit this stipulation and proposed order voluntarily dismissing without prejudice the above captioned action.
On August 21st 2009, counsel for the Defendants informed the Court and the Plaintiffs that the project at issue in this case was being withdrawn, and the Forest Service then issued a notice to interested parties on that date, stating that Forest Supervisor Grantham had "decided to withdraw the Panther Fire Salvage Decision Notice and FONSI dated August 10, 2009. No activities implementing the Panther Fire Salvage Project will be undertaken unless and until further NEPA documentation is prepared and a new decision is issued." This notice is attached as Exhibit A.
Because the Defendants have withdrawn the challenged underlying agency decision, the parties hereby stipulate to voluntarily dismiss without prejudice this action, pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii). Although it appears that no Court action is required, a proposed order granting the requested relief is provided.
Susan Jane M. Brown (OSB #05460) Western Environmental Law Center 4107 NE Couch St. Portland, OR. 97232 Ph. 503-914-1323 email@example.com (Lead Counsel)
Matt Kenna (CO #22159) Western Environmental Law Center 679 E. 2nd Ave., Suite 11B Durango, CO. 81301 (970) 385-6941 x 131 firstname.lastname@example.org Rachel M. Fazio (CA #187580) P.O. Box 697 Cedar Ridge, CA 95924 Tel: (530) 273-9290 Fax: (530) 273-9260 email@example.com
René P. Voss (CA #255758) (Local Counsel) 42 Greenfield Ave, Suite A San Anselmo, CA 94960-2415 530-219-8068 (phone) firstname.lastname@example.org
For Defendants: JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division United States Department of Justice Washington, D.C. 20530
David B. Glazer. [Authorized August 24, 2009]
DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744-6491 FAX: (415) 744-6476 E-mail: email@example.com.
Upon consideration of the above Stipulation, it is hereby ORDERED that, for good cause shown, this matter is hereby ...