Filed: Mar. 11, 2016
Latest Update: Mar. 11, 2016
Summary: STIPULATION OF SETTLEMENT AND DISMISSAL; ORDER ANTHONY W. ISHII , Senior District Judge . Plaintiff Center for Environmental Science, Accuracy & Reliability ("Plaintiff") and Defendant United States Fish and Wildlife Service, a component bureau of the United States Department of the Interior ("Defendant" or "FWS"), 1 by and through their respective counsel, hereby stipulate and agree as follows: 1. Plaintiff agrees to dismiss this action with prejudice; 2. Defendant shall pay $3,500.00 i
Summary: STIPULATION OF SETTLEMENT AND DISMISSAL; ORDER ANTHONY W. ISHII , Senior District Judge . Plaintiff Center for Environmental Science, Accuracy & Reliability ("Plaintiff") and Defendant United States Fish and Wildlife Service, a component bureau of the United States Department of the Interior ("Defendant" or "FWS"), 1 by and through their respective counsel, hereby stipulate and agree as follows: 1. Plaintiff agrees to dismiss this action with prejudice; 2. Defendant shall pay $3,500.00 in..
More
STIPULATION OF SETTLEMENT AND DISMISSAL; ORDER
ANTHONY W. ISHII, Senior District Judge.
Plaintiff Center for Environmental Science, Accuracy & Reliability ("Plaintiff") and Defendant United States Fish and Wildlife Service, a component bureau of the United States Department of the Interior ("Defendant" or "FWS"),1 by and through their respective counsel, hereby stipulate and agree as follows:
1. Plaintiff agrees to dismiss this action with prejudice;
2. Defendant shall pay $3,500.00 in attorneys' fees and costs to Plaintiff. Payment of this money will be made by check or electronic funds transfer promptly after filing the fully executed copy of this Stipulation and after receipt of necessary information from counsel for Plaintiff in order to effectuate the payment.
3. This Stipulation of Settlement and Dismissal constitutes the full and complete satisfaction of any and all claims arising from (a) the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that Plaintiff has brought, could bring, or could have brought regarding Plaintiff's FOIA request in this case, including all claims for attorneys' fees and costs.
4. This Stipulation of Settlement and Dismissal does not constitute an admission of liability or fault on the part of Defendant, the United States, its agents, servants, or employees, and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation.
5. This Stipulation of Settlement and Dismissal is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns.
6. Execution and filing of this Stipulation of Settlement and Dismissal by counsel for Plaintiff and by counsel for Defendant constitutes a dismissal of this lawsuit, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). Any and all remaining issues related to the FOIA request described in the complaint are waived.
7. The persons signing this Stipulation of Settlement and Dismissal warrant and represent that they possess full authority to bind the party on whose behalf they are signing to the terms of the Stipulation.
8. This Stipulation of Settlement and Dismissal may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same document. A facsimile or other duplicate of a signature shall have the same effect as a manually-executed original.
ORDER
The above stipulation is APPROVED, and this action is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
