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Center For Biological Diversity, et al v. U.S. Fish and Wildlife Service

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION


April 15, 2011

CENTER FOR BIOLOGICAL DIVERSITY, ET AL.,
PLAINTIFFS,
v.
U.S. FISH AND WILDLIFE SERVICE, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Thompson, U.S.D.J.

ORDER ADOPTING STIPULATED SETTLEMENT REGARDING ATTORNEYS' FEES AND COSTS

On April 14, 2011, the parties to this action filed a Stipulated Settlement Regarding Attorneys' Fees and Costs. The Court hereby adopts the stipulation and orders as follows:

1. Defendants shall pay Plaintiffs' reasonable attorneys' fees and costs, pursuant to Section 11(g) of the Endangered Species Act, 16 U.S.C. § 1540(g), in the amount of $37,047.36, payable to Plaintiffs' counsel: Center for Biological Diversity, PO Box 710, Tucson, AZ 85702-0710.

2. Plaintiffs shall provide written notice to Defendants of the form in which they elect to receive the funds, including all information necessary for Defendants to process the disbursement (including the payee's tax identification number), as soon as possible following the entry of this Order.

3. Defendants shall submit all necessary paperwork for the processing of the attorneys' fees award to the Department of the Treasury's Judgment Fund Office, pursuant to 16 U.S.C. § 1540(g), within ten (10) business days of the entry of this Order.

4. Payment of $37,047.36 shall fully satisfy any and all claims for attorneys' fees and costs of litigation to which Plaintiffs are entitled in the above-captioned litigation, through and including the date of the parties' Stipulated Settlement Agreement Regarding Attorneys' Fees and Costs.

5. Receipt of this payment from Defendants shall operate as a release of Plaintiffs' claims for attorneys' fees and costs in this matter, through and including the date of the parties' Stipulated Settlement Agreement Regarding Attorneys' Fees and Costs.

6. Nothing in this Order shall be interpreted as, or shall constitute, a requirement that Defendants pay any funds exceeding those available, or take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other appropriations law.

7. Defendants have not waived any right to contest fees claimed by Plaintiffs or Plaintiffs' counsel, including the hourly rate, in any future litigation. Further, this Order and the parties' Stipulated Settlement Agreement Regarding Attorneys' Fees and Costs has no precedential value and shall not be used as evidence in any other attorneys' fees litigation.

SO ORDERED.

ANNE E. THOMPSON, U.S.D.J.

20110415

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