Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

American Civil Liberties Union of v. Food and Drug Administration

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 5, 2012

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA; SAN
FRANCISCO BAY GUARDIAN, PLAINTIFFS,
v.
FOOD AND DRUG ADMINISTRATION,
DEFENDANT.

The opinion of the court was delivered by: Samuel Conti United States District Judge

SETTLEMENT AGREEMENT AND [PROPOSED] ORDER

In consideration of the terms set forth in this Settlement Agreement and the covenants and 21 conditions contained herein (the "Agreement"), Plaintiffs American Civil Liberties Union of 22 Northern California and San Francisco Bay Guardian (collectively, the "Plaintiffs"), and 23 Defendant United States Food and Drug Administration (the "Defendant"), by and through their 24 undersigned counsel, hereby agree as follows: 25

WHEREAS, on January 4, 2011, Plaintiffs submitted to Defendant a Freedom of Information Act ("FOIA") request; 27

WHEREAS, to date, Defendant has provided a final response to this FOIA request;

WHEREAS, after good-faith negotiations, Plaintiffs and Defendant (collectively, the "Parties") have agreed to resolve this matter upon the terms, and subject to the conditions set forth 2 in this Agreement. 3 4

IT IS HEREBY AGREED AS FOLLOWS:

1. The Parties agree that Plaintiffs shall dismiss the above-entitled action with 7 prejudice upon the Court's execution of the proposed order in exchange for Defendant's agreement 8 to pay Plaintiffs reasonable attorney fees in the amount of thirty thousand, two hundred and 9 twenty-five dollars and zero cents ($30,225.00). Payment shall be made as soon as practicable by 10 electronic funds transfer, and counsel for Plaintiffs will provide the necessary information to 11 counsel for Defendant to effectuate the transfer. This payment shall constitute the full and final 12 satisfaction of any and all of Plaintiffs' claims for attorney's fees, costs, and litigation expenses in 13 the above-captioned matter, and is inclusive of any interest. 14

2. The Parties agree that upon the execution of this Agreement, Plaintiff hereby 15 releases and forever discharges Defendants, and its successors, the United States of America, and 16 any department, agency, or establishment, from any and all claims and causes of action that 17 Plaintiff asserts or could have asserted in this litigation, or which hereinafter could be asserted by 18 reason of, with respect to, or in connection with, or which arises out of, any of the matters alleged 19 in the Complaint in this action. 20

3. The Parties acknowledge that this Agreement is entered solely for the purpose of 21 settling and compromising any remaining claims in this action without further litigation, and it 22 shall not be construed as an admission by any party of the truth of any allegation or the validity of 23 any claim asserted in this action. This Agreement shall not be used in any manner to establish 24 liability for fees, amounts, or hourly rates in any other case or proceeding. 25

4. The Parties agree that this Court shall retain jurisdiction over this matter solely for 2 the purposes of resolving any dispute arising out of, relating to, or alleging a breach of this 3 Agreement. 4 5

Dated: July 3, 2012 6

_______/s/____________________ /s/ LINDA LYE ILA C. DEISS

Staff Attorney, ACLU Assistant United States Attorney Attorney for Plaintiffs Attorneys for Defendant

[PROPOSED] ORDER

The Parties are hereby ordered to comply with the foregoing terms of the Parties' Settlement Agreement. 16

In light of the foregoing Agreement, the July 27, 2012 further case management conference 17 scheduled in this action is hereby VACATED. 18

This Court shall retain jurisdiction over this matter for the purposes of resolving any 19 dispute arising out of, relating to, or alleging a breach of the Parties' Agreement. 20 21

IT IS SO ORDERED

20120705

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.