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Pacific Dawn, L.L.C., et al v. John Bryson et al

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA San Francisco Division


June 25, 2012

PACIFIC DAWN, L.L.C., ET AL., PLAINTIFFS,
v.
JOHN BRYSON ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Thelton E. Henderson United States District Judge

James P. Walsh (CA State bar No. 184620) Gwen Fanger (CA State bar No. 191161) 2 DAVIS WRIGHT TREMAINE LLP 3 505 Montgomery Street, Suite 800 San Francisco, California 94111 4 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 5 budwalsh@dwt.com 6 gwenfanger@dwt.com 7 Attorneys for Plaintiffs 8 IGNACIA S. MORENO, Assistant Attorney General 9 MEREDITH L. FLAX, Senior Trial Attorney (D.C. Bar No. 468016) U.S. Department of Justice 10 Environment & Natural Resources Division 11 Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 12 Washington, D.C. 20044-7369 Telephone: (202) 305-0404 13 Facsimile: (202) 305-0275 14 meredith.flax@usdoj.gov Attorneys for Defendants 16

STIPULATION REGARDING AWARD OF ATTORNEYS' FEES AND COSTS

2 initiated the above-captioned lawsuit challenging decisions made by Federal Defendants, John 3

Bryson, et al. ("Defendants"), to approve a limited access privilege program for the trawl sector 4 of the Pacific groundfish fishery; and 5

6 second causes of action in Plaintiffs' First Amended Complaint on December 22, 2011 (ECF No. 7

February 22, 2012 (ECF No. 61); and 9

10 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, (ECF No. 62); and 11

12 and costs and ordered the parties to meet and confer regarding Plaintiffs' request for fees and 13 costs (ECF No. 66); and 14

15 attorneys' fees and costs; and 16

17 and without any admission or final adjudication of the issues of fact or law with respect to 18

Plaintiffs' claim for attorneys' fees and costs, have reached a settlement of this matter that they 19 consider to be a just, fair, adequate, and equitable resolution of the disputes set forth in Plaintiffs' 20 motion for attorneys' fees and costs; 21

22

WHEREAS on October 25, 2010, Plaintiffs Pacific Dawn, L.L.C., et al. ("Plaintiffs"),

WHEREAS the Court granted summary judgment in Plaintiffs' favor on the first and

49), issued an order on remedy on February 21, 2012 (ECF No. 60), and issued judgment on 8

WHEREAS on March 22, 2012, Plaintiffs filed a motion for attorneys' fees and costs

WHEREAS on March 26, 2012, the Court vacated Plaintiffs' motion for attorneys' fees

WHEREAS on April 10, 2012, Plaintiffs provided Defendants with a revised request for

WHEREAS Plaintiffs and Defendants, by and through their authorized representatives,

NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN PLAINTIFFS AND DEFENDANTS AS FOLLOWS: 23

24 the above-captioned litigation for a total of $75,000.00. Defendants agree to pay the entire 25 amount to James P. Walsh, Davis Wright Tremaine, 505 Montgomery Street, Suite 800 26

Defendants with the information necessary to effectuate this payment. Defendants agree to 28

1. Defendants agree to settle Plaintiffs' entire claim for costs and attorneys' fees in

San Francisco, California 94111 on behalf of Plaintiffs in this action. Plaintiffs agree to furnish 27

process the fee payment within 20 days of receipt of the necessary information from Plaintiffs or 2 the approval of this Stipulation by the Court, whichever is later. 3

4 claims for attorneys' fees and costs of litigation to which Plaintiffs may be entitled with respect 5 to the above-captioned litigation, through and including the date of this Stipulation. 6

7 constitutes a settlement of claims that were vigorously contested, denied, and disputed by the 8 parties. By entering into this Stipulation, the parties do not waive any claim or defense. 9

10 fees claimed by Plaintiffs or Plaintiffs' counsel, including the hourly rate, in any future litigation. 11

Further, this Stipulation as to attorneys' fees and costs has no precedential value and shall not be 12 used as evidence in any other attorneys' fees litigation. 13

14 commitment or requirement that Defendants are obligated to pay any funds exceeding those 15 available, or take any action in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or 16 any other appropriations law. 17

18

2. Plaintiffs agree to accept payment of $75,000.00 in full satisfaction of any and all

3. The parties agree that this Stipulation was negotiated in good faith and it

4. By entering into this Stipulation, Defendants do not waive any right to contest

5. Nothing in this Stipulation shall be interpreted as, or shall constitute, a

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED, ES

Thelton E. Henderson Judge

20120625

© 1992-2012 VersusLaw Inc.



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