Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:04-cv-00749-MSK-PAC

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Filed 08/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-00749-MSK-PAC

HIGH COUNTRY CITIZENS' ALLIANCE; TOWN OF CRESTED BUTTE, COLORADO; BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, COLORADO, Plaintiffs, v. KATHLEEN CLARKE, in her official capacity as Director of the U.S. Bureau of Land Management; RON WENKER, in his official capacity as Colorado BLM Director; U.S. BUREAU OF LAND MANAGEMENT; GALE NORTON, in her official capacity as Secretary of the Interior; UNITED STATES DEPARTMENT OF THE INTERIOR; PHELPS DODGE CORPORATION; MT. EMMONS MINING COMPANY, Defendants. ______________________________________________________________________________ JOINT STIPULATION REGARDING SETTLEMENT OF PLAINTIFFS' CLAIM FOR ATTORNEYS' FEES UNDER THE FREEDOM OF INFORMATION ACT ______________________________________________________________________________

Plaintiffs High Country Citizens' Alliance ("HCCA"), Town of Crested Butte, and Board of County Commissioners of the County of Gunnison, Colorado ("Gunnison County") (collectively "Plaintiffs"), and Defendants Kathleen Clarke, in her official capacity as Director of the U.S. Bureau of Land Management; Ron Wenker, in his official capacity as Colorado BLM Director; Gale Norton, in her official capacity as Secretary of the Interior; and the United States

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Department of the Interior ("Defendants"), by and through their undersigned attorneys, stipulate and agree as follows: WHEREAS, Plaintiffs filed this action alleging in part that Defendants violated the Freedom of Information Act (FOIA), 5 U.S.C. §552, with respect to Plaintiffs' two FOIA requests made to the BLM dated April 28, 2000 and August 17, 2001. WHEREAS, this Court entered Judgment in favor of Plaintiffs on their FOIA claim on June 13, 2006. WHEREAS, on June 21, 2006 Plaintiffs filed an Unopposed Motion for Extension of Time to File Claim for Attorneys' Fees under FOIA. WHEREAS, on June 22, 2006, this Court granted Plaintiffs' Unopposed Motion and set a deadline of August 27, 2006 for the filing of Plaintiffs' Motion for Attorneys' Fees. WHEREAS, the Parties have now reached a settlement resolving Plaintiffs' claim for attorneys' fees: NOW, THEREFORE, the parties hereby AGREE and STIPULATE AS FOLLOWS: 1. After obtaining the Court's order adopting this Stipulation as an order of the

Court and dismissing Plaintiffs' claim for attorneys' fees with prejudice, Defendants agree to promptly execute the appropriate documents to obtain a check from the Judgment Fund in the amount of TWENTY NINE THOUSAND DOLLARS ($29,000.00), made payable to Western Mining Action Project, P.O. Box 349, Lyons, CO 80540. 2. The Parties agree that the consideration referenced in paragraph one is tendered

and accepted in full settlement and satisfaction of Plaintiffs' claim for attorneys' fees and costs related to their FOIA claim. Plaintiffs agree that the consideration shall constitute a complete

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release and bar of any and all causes of action or claims for attorneys' fees and costs related to their FOIA claim. 3. By entering into this Stipulation, Defendants do not admit liability for Plaintiffs'

claim for attorneys' fees under the Freedom of Information Act. The Parties are entering into this Stipulation as a compromise solely for the purpose of resolving their dispute as to Plaintiffs' claim for attorneys' fees. 4. Undersigned counsel certify that they are fully authorized by the party or parties

they represent to enter into this Stipulation. 5. The terms of this Stipulation shall become effective upon entry of an order by this

Court adopting this Stipulation as an Order of the Court and dismissing Plaintiffs' claim for attorneys' fees with prejudice.

RESPECTFULLY SUBMITTED this 17th day of August, 2006,

s/ Roger Flynn s/ Jeffrey C. Parsons Roger Flynn Jeffrey C. Parsons WESTERN MINING ACTION PROJECT P.O. Box 349 412 High Street Lyons, CO 80540 (303) 823-5738 [email protected] Attorneys for High Country Citizens' Alliance and the Town of Crested Butte, Colorado

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s/ Laura Magner Laura Magner P. O. Box 2898 Crested Butte, CO 81224 (970) 349-7770 Attorney for the Town of Crested Butte, Colorado

s/ David Baumgarten David Baumgarten Thomas A. Dill 200 East Virginia Ave., Suite 262 Gunnison, CO 81230 (970) 641-5300 Attorneys for the Board of County Commissioners of the County of Gunnison, Colorado

s/ Kendra Nitta Kendra Nitta Branch of Onshore Mining and Reclamation Division of Mineral Resources Office of the Solicitor Department of the Interior 1849 C Street NW MS 6312 Washington, D.C. 20240 Attorney for the Federal Defendants. TROY A. EID United States Attorney s/ Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0127 Facsimile: (303) 454-0404 E-mail: [email protected] Attorneys for the Federal Defendants

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