1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIPULATION ON ATTY. FEES & COSTS; [PROPOSED] ORDER, CASE NO. C 08-3494 WHA

IGNACIA S. MORENO

Assistant Attorney General 

Environment & Natural Resources Division

BARCLAY T. SAMFORD

Email: clay.samford@usdoj.gov

United States Department of Justice

Environment & Natural Resources Division

1961 Stout Street, 8th Floor

Denver, CO 80294

Tel: 303-844-1475

Tel: 303-844-1350

PETER C. WHITFIELD

Email: peter.whitfield@usdoj.gov

United States Department of Justice

Environment & Natural Resources Division

601 D Street, NW, Rm. 3533

Washington, DC 20004

Tel: 202-305-0430

Tel: 202-305-0274

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAVE STRAWBERRY CANYON, a non- )

profit corporation, )

) Case No.: 08-03494 WHA

Plaintiff, ) 

) STIPULATION ON ATTORNEYS’ FEES

v. ) AND COSTS; [PROPOSED] ORDER

) 

UNITED STATES DEPARTMENT ) 

OF ENERGY, et al. ) 

) Hearing Date: March 18, 2010

Defendants. ) Time: 8:00 AM

) Courtroom: 9, 19th Floor

 ) Judge William H. Alsup

Case 3:08-cv-03494-WHA Document 200 Filed 03/01/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIPULATION ON ATTY. FEES & COSTS; [PROPOSED] ORDER, CASE NO. C 08-3494 WHA Page 1

Plaintiffs and Federal Defendants in Save Strawberry Canyon v. U.S. Dep’t of Energy, Case

No. 08-03494 WHA, by their undersigned attorneys, hereby stipulate as follows:

1. Federal Defendants agree to settle the claim for costs and attorneys’ fees of Plaintiff (filed

November 11, 2009) for three hundred sixty-five thousand dollars ($365,000.00). 

2. Payment, as identified in Paragraph 1 above, shall be accomplished by electronic fund

transfer(s) into the Client Trust Account of plaintiff’s attorneys, Lozeau Drury LLP. Undersigned

counsel for Plaintiff shall provide the appropriate account number and any other information needed

to make payment to the undersigned counsel for Defendants. Defendants shall submit the necessary

paperwork for payment to the appropriate Department of Energy authorities within twenty (20)

business days after this stipulation is entered by the Court or Plaintiff provides the information

required to facilitate the payment, whichever is later. Plaintiff’s attorneys shall notify the Defendants'

attorneys when payment is received. 

3. Plaintiff agrees to accept payment of $365,000.00 in full satisfaction of any and all claims for

attorneys’ fees and costs in the above-captioned litigation. 

4. Plaintiff’s attorneys are receiving funds in trust for Plaintiff, and Plaintiff agrees to this

procedure. Plaintiff and their attorneys agree to hold harmless Defendants in any litigation, further

suit, or claim arising from the payment of the agreed upon $365,000.00 settlement amount pursuant

to Paragraph 2.

5. This Stipulation is the result of compromise and settlement, and it is based on and limited

solely to the facts involved in this case. This stipulation does not represent an admission by any party

to any fact, claim, or defense concerning any issue in this case. Further, this Stipulation has no

precedential value and shall not be used as evidence by either Federal Defendants or Plaintiff in any

other litigation except as necessary to enforce the terms of the stipulation. Nothing in this Stipulation

shall be interpreted as, or shall constitute, a requirement that Defendants are obligated to pay any

funds exceeding those available, or take any action in contravention of the Anti Deficiency Act, 31

U.S.C. § 1341, or any other applicable appropriations law.

6. The undersigned representatives of Plaintiff and Federal Defendants certify that they are fully

authorized by the respective Parties whom they represent to enter into the terms and conditions of

Case 3:08-cv-03494-WHA Document 200 Filed 03/01/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIPULATION ON ATTY. FEES & COSTS; [PROPOSED] ORDER, CASE NO. C 08-3494 WHA Page 2

this Stipulated Agreement and to legally bind such Parties to it.

7. Nothing in the terms of this Stipulation shall be construed to limit or deny the power of a

federal official to promulgate or amend regulations.

8. This Stipulation represents the entirety of the undersigned Parties’ commitments with regard

to settlement. The terms of this agreement shall become effective upon approval by the Court of this

Stipulation.

IT IS HEREBY AGREED.

Respectfully submitted, February 24, 2010.

IGNACIA S. MORENO

Assistant Attorney General 

Environment & Natural Resources Division

 /s/ Barclay T. Samford BARCLAY T. SAMFORD

Trial Attorney

Natural Resources Section

Environment & Natural Resources Division

U.S. Department of Justice

1961 Stout Street - 8th Floor

Denver, CO 80294

Telephone: (303) 844-1475

Facsimile: (303) 844-1350

Clay.Samford@usdoj.gov

Attorneys for Federal Defendants

 /s/ Michael R. Lozeau 

MICHAEL R. LOZEAU

Lozeau Drury LLP

1516 Oak Street, Suite 216

Alameda, CA 94501

Telephone: (510) 749-9102

Facsimile: (510) 749-9103

michael@lozeaudrury.com

Attorney for Plaintiff

IT IS SO ORDERED.

Dated: March ____, 2010. ________________________

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

1

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-03494-WHA Document 200 Filed 03/01/10 Page 3 of 3