STIPULATION AND [PROPOSED] ORDER FOR CONTINUATION OF THE STAY OF THE LITIGATION

DENIED BY COURT

VINCE CHHABRIA, District Judge.

Plaintiffs Ecological Rights Foundation and Our Children's Earth Foundation (collectively, "Plaintiffs") and Defendant The Board of Trustees of the Leland Stanford Junior University ("Stanford") (Plaintiffs and Stanford are referred to collectively as the "Parties" or individually as the "Party"), by and through their counsel of record, hereby stipulate as follows:

WHEREAS, Magistrate Judge Laporte, who is presiding over a separate Endangered Species Act lawsuit involving the same Parties (Civil Case No.: CV 13-0402-EDL), directed the Parties to participate in a Settlement Conference with Magistrate Judge Ryu and that Settlement Conference took place on January 7, 2016;

WHEREAS, with the assistance of Magistrate Judge Ryu, the Parties achieved a resolution of the lawsuit before Magistrate Judge Laporte and this lawsuit, involving a continuation of the stay in this case while Stanford completes the process underway to secure the required regulatory authorizations for modification of the Jasper Ridge Road Crossing and removal of the Lagunita Diversion Dam, at which time Plaintiffs will dismiss the case with prejudice;

WHEREAS, the parties now submit this stipulation and proposed order in furtherance of their settlement agreement, setting forth a summary of the terms that support continuation of the stay of the litigation until issuance of the required regulatory authorizations for modification of the Jasper Ridge Road Crossing and removal of the Lagunita Diversion Dam; and

WHEREAS, by entering into this Stipulation, the Parties specifically acknowledge that this Stipulation does not constitute any concessions as to the strength or weakness of any Party's claims or defenses or the sufficiency or necessity of the proposed modification of the Jasper Ridge Road Crossing or removal of the Lagunita Diversion Dam.

NOW THEREFORE, the Parties stipulate as follows:

1. Stanford submitted the applications for the required regulatory authorizations for the planned modifications to the Jasper Ridge Low Flow Crossing on December 18, 2015, and shall submit the applications for the required regulatory authorizations for the planned removal of the Lagunita Diversion Dam before September 2016.

2. During the permitting process, Stanford shall provide Plaintiffs with copies of the applications referenced in Paragraph 1 and copies of the regulatory agency responses to such submittals.

3. In light of the foregoing and with the Court's approval, the Parties request that this lawsuit should be stayed until the regulatory authorizations referred to in Paragraph 1 above are secured by Stanford ("Stay").

4. Once every four months during the Stay, on or before the 15th day of the fourth month, the Parties shall provide a joint progress report to the Court that summarizes material developments with respect to the proposed modification of the Jasper Ridge Road Crossing and the planned removal of the Lagunita Diversion Dam.

5. The Stay shall remain in effect until the regulatory authorizations for the proposed modification of the Jasper Ridge Road Crossing and the planned removal of the Lagunita Diversion Dam are secured by Stanford, at which time Plaintiffs shall dismiss this lawsuit with prejudice.