BILLY J. WILLIAMS, OSB #901366 

United States Attorney 

District of Oregon 

KEVIN DANIELSON, OSB # 065860 

Assistant United States Attorney 

kevin.c.danielson@usdoj.gov 

1000 SW Third Avenue, Suite 600 

Portland, Oregon 97204-2902 

Telephone: (503) 727-1000 

Facsimile: (503) 727-1117 

JEFFREY H. WOOD, Acting Assistant Attorney General 

SETH M. BARSKY, Section Chief 

MICHAEL R. EITEL, Senior Trial Attorney 

U.S. Department of Justice 

Environment & Natural Resources Division 

Wildlife & Marine Resources Section 

999 18th Street, South Terrace, Suite 370 

Denver, Colorado 80202 

Tel: (303) 844-1479 | Fax: (303) 844-1350 

Email: Michael.Eitel@usdoj.gov 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

CENTER FOR BIOLOGICAL DIVERSITY, et al.,

Plaintiffs, 

v. 

U.S. BUREAU OF RECLAMATION, et al., 

Defendants, 

and 

ARNOLD IRRIGATION DISTRICT, et al., 

Intervenor-Defendants. 

 Case No.: 6:15-cv-02358-JR 

 (consolidated with 6:16-cv-00035-JR) 

STIPULATION AND PROPOSED 

ORDER TO SETTLE PLAINTIFFS’ 

CLAIMS FOR ATTORNEYS’ FEES 

AND COSTS

 

Case 6:15-cv-02358-JR Document 80 Filed 05/17/17 Page 1 of 7
Page 1 Stipulated Settlement Agreement and [Proposed] Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR

 The Stipulated Settlement Agreement (hereinafter, “Agreement”) is made between 

Plaintiffs the Center for Biological Diversity and WaterWatch of Oregon and Federal Defendants 

the U.S. Bureau of Reclamation, et al. 

WHEREAS, the Center for Biological Diversity filed a lawsuit against the U.S. Bureau of 

Reclamation (“Reclamation”) on December 18, 2015 (ECF 1, 15-cv-2358 (D. Or.)); 

 WHEREAS, WaterWatch of Oregon filed a lawsuit against Reclamation and Central 

Oregon Irrigation District, North Unit Irrigation District, and Tumalo Irrigation District 

(“Districts”) on January 11, 2016, and a First Amended Complaint on the same day (ECF 4, 16-

cv-35 (D. Or.)); 

 WHEREAS, the Center for Biological Diversity’s and WaterWatch of Oregon’s lawsuits 

were consolidated on January 20, 2016 (ECF 14); 

 WHEREAS, Plaintiffs, the Districts, and Reclamation, through their authorized 

representatives and without any admission of fact or law with respect to Plaintiffs’ claims, 

reached a settlement resolving all claims contained in Plaintiffs’ Complaint (ECF 1, 15-cv-2358) 

and First Amended Complaint (ECF 4, 16-cv-35), see ECF 72; 

 WHEREAS, the Court approved the Stipulated Settlement Agreement on November 9, 

2016 (ECF 73); 

 WHEREAS, the Court has extended the time for Plaintiffs to file motions for attorneys’ 

fees and costs (ECF Nos. 75, 77, 79); 

 WHEREAS, Plaintiffs have provided Federal Defendants with their contemporaneous 

time records and other information for their claim for attorneys’ fees and costs, and counsel for 

Plaintiffs and Federal Defendants (“Parties”) have engaged in good faith, confidential settlement 

negotiations concerning Plaintiffs’ claims for attorneys’ fees and costs; 

 WHEREAS, the Parties have reached an agreement as to an appropriate settlement of 

Plaintiffs’ claims for fees and costs and agree that settlement of these claims in this manner is in 

the public interest and is an appropriate way to resolve Plaintiffs’ claims for fees and costs; and 

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Page 2 Stipulated Settlement Agreement and [Proposed] Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR

 WHEREAS, the Parties enter the Agreement below without any admission of fact or law, 

or waiver of any claims or defenses, factual or legal, except as specified in the Agreement; 

 NOW THEREFORE, in the interests of judicial economy and to avoid further litigation 

over Plaintiffs’ claims for attorneys’ fees and costs, Plaintiffs and Federal Defendants, for good 

and valuable consideration, the adequacy of which is hereby acknowledged, stipulate and agree 

as follows: 

 1. Federal Defendants agree to settle all of Plaintiff Center for Biological Diversity’s 

claims to attorneys’ fees and costs in the above-captioned litigation for a total amount of 

$45,440.00, and Federal Defendants agree to settle all of Plaintiff WaterWatch of Oregon’s 

claims to attorneys’ fees and costs in the above-captioned litigation for a total amount of 

$40,000.00. 

 2. Plaintiffs agree to accept payment of $45,440.00 (for the Center for Biological 

Diversity) and $40,000.00 (for WaterWatch of Oregon) in the manner prescribed in Paragraph 3, 

below, in full satisfaction of any and all claims for attorneys’ fees and costs that are related to the 

above-captioned litigation. 

 3. Federal Defendants agree to issue check(s) totaling $45,440.00 or, as appropriate, 

make wire transfer(s) of that specified amount to the Advocates for the West Lawyer Trust 

Account. Federal Defendants agree to issue a check in the amount of $40,000.00 or, as 

appropriate, make a wire transfer of the specified amount to Earthjustice’s IOLTA account. 

Undersigned counsel for Plaintiffs shall provide to the undersigned counsel for Federal 

Defendants the appropriate account number and any other information needed to make payment. 

Federal Defendants agree to submit all necessary paperwork to funding authorities at the 

Department of Treasury and/or the Department of the Interior within thirty (30) business days of 

receipt of the signed court order approving this Stipulation or Plaintiffs providing the 

information required to facilitate the payment, whichever is later. 

 4. This Agreement shall apply to and be binding upon the Parties, their members, 

delegates, and assigns. The undersigned representatives of the Parties certify that they are fully 

Case 6:15-cv-02358-JR Document 80 Filed 05/17/17 Page 3 of 7
Page 3 Stipulated Settlement Agreement and [Proposed] Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR

authorized to enter into the terms and conditions of this Agreement and to legally bind the Parties 

to it. Plaintiffs and their attorneys agree to hold Federal Defendants harmless in any litigation, 

further suit, or claim arising between Plaintiffs and their attorneys from the payment of the 

agreed-upon settlement amount pursuant to this Agreement. 

 5. This Agreement is executed solely for the purpose of compromising and settling 

Plaintiffs’ claims for attorneys’ fees and costs in the above-captioned case. Nothing in this 

Agreement shall constitute, or be construed to constitute, a precedent in any other context. 

Nothing in this Agreement shall be cited in any other litigation except as necessary to enforce the 

terms of the Agreement. By this Agreement, Federal Defendants do not waive any right to 

contest fees or costs claimed by Plaintiffs or Plaintiffs’ counsel in any future litigation, and 

Plaintiffs do not waive any right to claim such fees or costs in any future litigation. 

 6. Any obligations of the United States to expend funds under this Agreement are 

subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 

U.S.C. § 1341. This Agreement shall not be construed to require the United States to obligate or 

pay funds in contravention of said Anti-Deficiency Act, 31 U.S.C. § 1341, or any other 

applicable appropriations law. 

 7. This Agreement represents the entirety of the Parties’ commitments with regard to 

settlement of attorneys’ fees and costs in the above-captioned case. The terms of this Agreement 

shall become effective upon approval by this Court of this Agreement. 

 8. In emails dated May 16, 2017, counsel for Plaintiffs, Lauren Rule and Janette 

Brimmer, authorized Michael R. Eitel, counsel for Federal Defendants, to sign this joint 

stipulation and enter it in the CM/ECF system. 

 Respectfully submitted on May 17, 2017. 

/s/ Michael R. Eitel 

MICHAEL R. EITEL 

Senior Trial Attorney (Neb. Bar #22889) 

U.S. Department of Justice 

/s/ Lauren M. Rule *with permission 

Lauren M. Rule 

3115 NE Sandy Blvd. Suite 223 

Portland, OR 97232 

Case 6:15-cv-02358-JR Document 80 Filed 05/17/17 Page 4 of 7
Page 4 Stipulated Settlement Agreement and [Proposed] Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR

Environment & Natural Resources 

Division 

Wildlife & Marine Resources Section 

999 18th Street, South Terrace, Suite 370 

Denver, Colorado 80202 

Tel: (303) 844-1479 

Fax: (303) 844-1350 

Email: Michael.Eitel@usdoj.gov

Attorney for Federal Defendants

Tel: 503-914-6388 

Email: lrule@advocateswest.org 

Attorney for Plaintiff the Center for 

Biological Diversity 

 

/s/ Janette Brimmer *with permission 

Janette Brimmer 

Earthjustice 

705 2nd Avenue, Suite 203 

Seattle, WA 98104 

Tel: 206-343-7340, ext. 1029 

Email: jbrimmer@earthjustice.org 

Attorney for Plaintiff WaterWatch of 

Oregon 

 

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Page 5 Stipulated Settlement Agreement and [Proposed] Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR

[PROPOSED] ORDER 

 The Court hereby approves and orders each and every term of this Stipulated Settlement 

Agreement. IT IS SO ORDERED. 

DATED this ___________ day of __________________, 2016 

The Honorable Ann Aiken 

United States District Judge

Case 6:15-cv-02358-JR Document 80 Filed 05/17/17 Page 6 of 7
Page 6 Stipulated Settlement Agreement and [Proposed] Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR

CERTIFICATE OF SERVICE 

I certify that on May 17, 2017, the foregoing was electronically filed through the Court’s 

electronic filing system, which will generate automatic service upon on all Parties enrolled to 

receive such notice. 

/s/ Michael R. Eitel 

Case 6:15-cv-02358-JR Document 80 Filed 05/17/17 Page 7 of 7