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STIPULATION REGARDING 

ATTORNEY’S FEES AND COSTS 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION

___________________________________ 

SIERRA NEVADA FOREST )

PROTECTION CAMPAIGN, SIERRA ) Case No. 04-cv-02727 DFL DAD

CLUB, and LASSEN FOREST ) 

PRESERVATION GROUP, ) STIPULATION REGARDING

) AMOUNT OF ATTORNEY’S

Plaintiffs, ) FEES AND COSTS CLAIMED

) AND [PROPOSED] ORDER

v. )

)

BERNARD WEINGARDT, in his )

official capacity as Deputy Regional )

Forester; UNITED STATES FOREST )

SERVICE; and UNITED STATES ) 

DEPARTMENT OF AGRICULTURE, )

)

Defendants. )

____________________________________)

This Stipulation is entered into by and between Plaintiffs Sierra Nevada Forest Protection

Campaign, Sierra Club, and Lassen Forest Preservation Group (“Plaintiffs”), and Defendants

Bernard Weingardt, United States Forest Service, and United States Department of Agriculture

(“Federal Defendants”). 

RECITALS

WHEREAS, on June 30, 2005, this Court entered Summary Judgment in favor of

Plaintiffs and against Federal Defendants; and

WHEREAS, on September 12, 2005, the parties initiated good faith negotiations in

furtherance of their common interest to resolve amicably the amount of potential recoverable

attorney’s fees and costs subject to the Equal Access to Justice Act (“EAJA”), § 2414(d). 

NOW, THEREFORE, this Stipulation is entered for the sole purpose of resolving, and

without need for further litigation, Plaintiffs’ claim for an award of all attorney fees and costs

associated with this case. Accordingly, the parties mutually stipulate as follows:

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STIPULATION REGARDING 

ATTORNEY’S FEES AND COSTS 2

STIPULATION

1. Plaintiffs agree to reduce and limit any and all claims for such fees and/or costs to

fifty seven thousand, two hundred and sixty six dollars and fifty nine cents ($57,266.59), and

Federal Defendants agree not to dispute that Plaintiffs incurred fifty seven thousand, two hundred

and sixty six dollars and fifty nine cents ($57,266.59) in recoverable attorney’s fees and costs.

2. Federal Defendants agree to pay fifty seven thousand, two hundred and sixty six

dollars and fifty nine cents ($57,266.59) in attorney’s fees and costs to Plaintiffs within a

reasonable time frame, given the impact of hurricane Katrina on the National Finance Center, of

the Court’s approval of this Stipulation. Federal Defendants agree to submit all necessary

paperwork to the appropriate department or agency within ten (10) business days of receipt of the

signed court order approving this Stipulation.

3. In consideration of Federal Defendants’ agreement to pay the amount specified in

paragraph 2, Plaintiffs, their successor, affiliates, and assigns shall not sue the United States, and

shall release all claims and causes of action against the United States, based on any Federal, State

or common law to recover any costs, fees or expenses of this case. Plaintiffs further agree not to

take any further steps to obtain a judgment for or payment of litigation costs or expenses,

including the filing of a motion for attorney’s fees, in this case in the United States District

Court. 

4. Upon execution of this Stipulation, the parties agree to file the Stipulation with

the Court. Either party may seek relief from the Court to enforce any provisions of this

Stipulation.

5. Except as provided herein, nothing in this Stipulation shall be (1) construed as or

deemed a waiver of any defenses or arguments the Federal Defendants may have with respect to

claims in this action; (2) offered in evidence in any proceeding as an admission or concession of

wrongdoing, liability, or any issue of fact or law concerning the claims or defenses in this action;

or (3) construed as or deemed precedent in any other proceeding. Nothing in this Stipulation

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STIPULATION REGARDING 

ATTORNEY’S FEES AND COSTS 3

shall be interpreted as, or shall constitute, a commitment or requirement that Federal Defendants

obligate or pay funds, or take any other action in contravention of the Anti Deficiency Act, 31

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

6. Nothing in this Stipulation shall be construed as an admission that the position of

the Federal Defendants in this case was not substantially justified.

7. This Stipulation represent the entirety of the Parties’ commitments with regard to

settlement. 

ACCORDINGLY, the United States and Plaintiffs, by their duly authorized attorneys,

whose signatures appear below, have executed this agreement.

KELLY A. JOHNSON

Acting Assistant Attorney General

Dated: September 28, 2005 /s/ Julia Jones 

JULIA A. JONES (D.C. Bar # 469713)

Trial Attorney

U.S. Department of Justice

Environment & Natural Resources Division

General Litigation Section

P.O. Box 663

Washington, D.C. 20044-0663

Attorney for Federal Defendants.

Dated: September 28, 2005 _/s/ David Edelson 

David B. Edelson 

840 Grizzly Peak Blvd.

Berkeley, CA 94708

Attorney for Plaintiffs

Dated: September 28, 2005 /s/ Michael Graf 

Michael W. Graf

Law Offices

227 Behrens St.

El Cerrito, CA 94530

Attorney for Plaintiffs

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STIPULATION REGARDING 

ATTORNEY’S FEES AND COSTS 4

Pursuant to this Stipulation, IT IS SO ORDERED.

Date: 09/28/2005 /s/ David F. Levi________

Honorable David F. Levi

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