Free Stipulation - District Court of Delaware - Delaware

Case 1:88-cv-00263-SLR

Document 367

Filed 09/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NATURAL RESOURCES DEFENSE COUNCIL, INC. and DELAWARE AUDUBON SOCIETY, Plaintiffs, v. TEXACO REFINING AND MARKETING, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

C. A. No. 88-263-SLR

STIPULATION AND ORDER STAYING ACTION

WHEREAS, the parties have reached a settlement in principle to resolve their pending motions to enforce the judgment and for relief from the judgment, have finalized the language of a settlement agreement and are in the process of collecting signatures and representations from third parties who will receive settlement proceeds to perform environmentally-related projects; WHEREAS, because the settlement will be finalized imminently, the parties do not believe that further proceedings contemplated by the Court's scheduling order dated March 27, 2007 (DI #335) are necessary; IT IS HEREBY STIPULATED and agreed by and between the parties, subject to the approval of the Court, that: This case is STAYED pending a filing of a Stipulated Order dismissing the case for all purposes except a future application for attorneys' fees and costs by plaintiffs' counsel.

Case 1:88-cv-00263-SLR

Document 367

Filed 09/12/2007

Page 2 of 2

COOCH & TAYLOR /s/ C. Scott Reese C. Scott Reese (#2036) 824 Market Street Suite 1000 Wilmington, DE 19899 (302) 652-3641

MORRIS, NICHOLS, ARSHT & TUNNELL, LLP /s/ Megan Cascio Richard D. Allen (#469) Megan Ward Cascio (#3785) 1201 North Market Street P. O. Box 1347 Wilmington, Delaware 19899 (302) 658-9200

NATURAL RESOURCES DEFENSE COUNCIL Mitchell S. Bernard Nancy S. Marks 40 West 20th Street New York, New York 10011 (212) 727-2700 Attorneys for Plaintiffs

WALLACE KING DOMIKE & REISKIN, PLLC Anthony F. King Julie M. Domike John W. Kampman 1050 Thomas Jefferson Street, N.W. Washington, DC 20007 (202) 204-1000 Attorneys for Defendant

SO ORDERED THIS ___ day of September, 2007. __________________________________ The Honorable Sue L. Robinson Unites States District Court Judge
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