UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

CARDINAL LAND CONSERVANCY, 

INC., 

 Plaintiff, 

 v. 

UNITED STATES DEPARTMENT OF 

AGRICULTURE, et al., 

 Defendants. 

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Case No. 1:18-cv-534 

Judge Michael R. Barrett 

STIPULATED AGREED ORDER 

Plaintiff Cardinal Land Conservancy, Inc. (“Plaintiff”), Defendants United States 

Department of Agriculture, National Appeals Division, Natural Resources Conservation Service, 

Commodity Credit Corporation, Sonny Perdue, Steven C. Silverman, Leonard Jordan, and Terry 

J. Cosby (collectively referred to herein as the “Federal Defendants”), and the Ohio Department 

of Agriculture and David T. Daniels (collectively referred to herein, together with the Federal 

Defendants, as “Defendants”), by and through their respective counsel, hereby stipulate and 

agree to the following: 

In exchange for Plaintiff’s withdrawal of its Motion for a Temporary Restraining Order 

and Preliminary Injunction (Doc. 5), Defendants agree to an extension of the Cooperative 

Agreement (Ex. 2 to Doc. 1) and the deadlines set forth in Table 1 – Performance Schedule 

therein pending resolution of this litigation, including any appellate proceedings, plus an 

additional period of nine months following the entry of a final judgment or an agreement fully 

and finally settling and resolving all claims between the parties. The Federal Defendants further 

agree to expedite the processing of any materials submitted in accordance with Section VII of the 

Cooperative Agreement so as to achieve closing within said nine-month time frame on the 
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parcels identified in the attachments to the Cooperative Agreement or any substitute parcels that 

may be agreed to by the parties. 

The undersigned parties further agree to execute such extension agreements and/or 

addenda to the Cooperative Agreement as may be necessary to effectuate this stipulation in 

accordance with the appropriation requirements of Ohio law. 

IT IS SO ORDERED. 

Dated: ___________________, 2018 ________________________________ 

Judge Michael R. Barrett 

STIPULATED AND AGREED: 

s/Jennifer J. Morales 

Christopher S. Habel (0064913) 

Jennifer J. Morales (0076835) 

Simon Y. Svirnovskiy (0097096) 

FROST BROWN TODD LLC 

3300 Great American Tower 

301 East Fourth Street 

Cincinnati, Ohio 45202 

(513) 651-6800 - Tel 

(513) 651-6981 - Fax 

chabel@fbtlaw.com 

jmorales@fbtlaw.com 

ssvirnovskiy@fbtlaw.com

Attorneys for Plaintiff Cardinal Land 

Conservancy, Inc. 

VIPAL J. PATEL 

First Assistant United States Attorney 

Attorney for the United States 

Acting Under Authority Conferred 

by 28 U.S.C. § 515 

s/Margaret A. Castro 

Margaret A. Castro (0078968) 

Assistant United States Attorney 

221 East Fourth Street, Suite 400 

Cincinnati, Ohio 45202 

(513) 684-3711 - Tel 

(513) 684-6972 - Fax 

Margaret.Castro@usdoj.gov 

Attorney for Defendants United States 

Department of Agriculture, National 

Appeals Division, Natural Resources 

Conservation Service, Commodity Credit 

Corporation, Secretary Sonny Perdue, 

Director Steven C. Silverman, Acting Chief 

Leonard Jordan, and State Conservationist 

Terry J. Cosby 

August 17 /s Michael R. Barrett
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MICHAEL DEWINE (0009181) 

Attorney General of Ohio 

 s/James R. Patterson 

James R. Patterson (0024538) 

Principal Assistant Attorney General 

Executive Agencies Section 

30 East Broad Street, 26th Floor 

Columbus, Ohio 43215-3428 

(614) 466-7445 - Tel 

(877) 506-0283 - Fax 

james.patterson@ohioattorneygeneral.gov 

Counsel for Ohio Department of Agriculture 

and Director David T. Daniels
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0139296.0663511 4817-5559-9728v4

CERTIFICATE OF SERVICE 

I hereby certify that on August 17, 2018, a copy of the foregoing was served on all 

counsel of record via the Court’s CM/ECF system 

s/Jennifer J. Morales 

Jennifer J. Morales