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Klamath-Siskiyou Wildlands Center v. Patricia A. Grantham

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 24, 2011

KLAMATH-SISKIYOU WILDLANDS CENTER,
ENVIRONMENTAL PROTECTION INFORMATION CENTER, KLAMATH FOREST ALLIANCE, AND CENTER FOR BIOLOGICAL DIVERSITY, PLAINTIFFS,
v.
PATRICIA A. GRANTHAM, KLAMATH NATIONAL FOREST SUPERVISOR;
UNITED STATES FOREST SERVICE; ROUGH AND READY LUMBER, LLC;
AND SOUTH BAY TIMBER, LLC, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

Liz Crosson (CA # 262178) 252 Ruth Ave Venice, CA 90291 (541) 944-5589 lizcrosson@gmail.com LOCAL COUNSEL Susan Jane M. Brown (WSB #31224, OSB #05460) Pro Hac Vice Western Environmental Law Center 4107 NE Couch St. Portland, OR. 97232 Ph. 503-914-1323 brown@westernlaw.org LEAD COUNSEL

STIPULATION TO VOLUNTARILY DISMISS WITH PREJUDICE AND [PROPOSED] ORDER

Plaintiffs Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center, Klamath Forest Alliance, and Center for Biological Diversity (Plaintiffs), Defendants Patricia A. Grantham and United States Forest Service (Defendants), and Rough and Ready Lumber LLC and South Bay Timber LLC (Defendants-Intervenors) submit this stipulation and proposed order voluntarily dismissing with prejudice the above captioned action.

On March 25th 2011, the Ninth Circuit Court of Appeals issued a Memorandum Opinion and Order affirming this court's October 8th 2010 decision denying Plaintiffs' motion for a preliminary injunction in the above captioned case. Plaintiffs believe that in the interest of judicial and attorney economy, continued prosecution of this case is not warranted. Therefore, the parties hereby stipulate to voluntarily dismiss with prejudice this action, pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii).

It is stipulated by the parties that the claims in Plaintiffs' complaint are voluntarily dismissed with prejudice under Rule 41(a) according to the following terms:

1. The claims in Plaintiffs' complaint are voluntarily dismissed with prejudice; and

2. All parties agree that each party will bear its own costs and attorney fees in the district and appellate court.

Although it appears that no Court action is required, a proposed order granting the requested relief is provided.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Upon consideration of the above Stipulation, it is hereby ORDERED that this matter is hereby voluntarily dismissed with prejudice.

IT IS SO ORDERED.

DEAC_Signature-END:

61khh4bb

20110524

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