Brian A. Knutsen (OSB No. 112266) 

KAMPMEIER & KNUTSEN, PLLC 

833 S.E. Main Street, No. 318 

Portland, Oregon 97214 

(503) 841-6515 

brian@kampmeierknutsen.com 

David H. Becker (OSB No. 081507) 

Law Office of David H. Becker, LLC 

833 S.E. Main Street, No. 302 

Portland, Oregon 9714 

(503) 388-9160 

davebeckerlaw@gmail.com 

Attorneys for Plaintiff Wild Fish Conservancy 

BILLY J. WILLIAMS 

United States Attorney 

District of Oregon 

600 United States Courthouse 

1000 S.W. Third Avenue 

Portland, OR 97204-2902 

Tel: (503) 727-1000 

JEFFREY H. WOOD, Acting Assistant 

Attorney General 

SETH M. BARSKY, Section Chief 

COBY HOWELL, Senior Trial Attorney 

Environment & Natural Resources Division 

U.S. Department of Justice 

c/o U.S. Attorney’s Office 

1000 SW Third Avenue 

Portland, OR 97204-2902 

(503) 727-1023 (Tel.); (503) 727-1117 (Fax) 

Email: Coby.Howell@usdoj.gov 

RACHEL K. ROBERTS, WSBA No. 50303 

Trial Attorney, Natural Resources Section 

7600 Sand Point Way NE 

Seattle, WA 98115 

Tel: (206) 526–6881; Fax: (206) 526–6665 

Email: rachel.roberts@usdoj.gov 

Attorneys for Federal Defendants

UNITED STATES DISTRICT COURT 

DISTICT OF OREGON 

PORTLAND DIVISION 

WILD FISH CONSERVANCY 

 Case No.: 3:16-CV-00553-MO 

Plaintiff, [PROPOSED] ORDER GRANTING

 JOINT MOTION FOR VOLUNTARY

 v. DISMISSAL WITH PREJUDICE 

 UNDER FEDERAL RULE OF CIVIL 

NATIONAL MARINE FISHERIES PROCEDURE 41(a)(2) 

SERVICE, et al. 

 Defendants. 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 1 of 9
[PROPOSED] ORDER OF DISMISSAL 

- 2 - 

 ________________________________ 

 The Court, having considered the Joint Motion for Voluntary Dismissal With Prejudice 

Under Federal Rule of Civil Procedure 41(a)(2) (“Joint Motion”), and for good cause shown, 

hereby GRANTS the Joint Motion. 

 Accordingly, IT IS HEREBY ORDERED that: 

 (1) Subject to and in accordance with the terms and conditions of the Settlement 

Agreement attached hereto as Exhibit A, this matter is voluntarily dismissed with prejudice as to 

the three causes of action alleged in the Second Amended Complaint; and 

 (2) This Court shall retain jurisdiction over this case for the sole purpose of enforcing the 

terms of the Settlement Agreement attached hereto as Exhibit A. See Kokkonen v. Guardian Life 

Ins. Co. of Am., 511 U.S. 375 (1994). 

 DATED this day of , 2017. 

 

 HONORABLE MICHAEL W. MOSMAN 

 UNITED STATES CHIEF DISTRICT JUDGE 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 2 of 9
EXHIBIT A 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 3 of 9
Settlement Agreement Page 1 of 6

SETTLEMENT AGREEMENT 

On Plaintiff’s Demand for Attorneys’ Fees and Costs 

Wild Fish Conservancy v. National Marine Fisheries Service, et al. 

D. Or. No. 3:16−cv−00553−MO

This Agreement is entered into between Plaintiff Wild Fish Conservancy (the 

“Conservancy”) and Federal Defendants, National Marine Fisheries Service, Samuel D. Rauch 

III,*

 in his official capacity as Acting Assistant Administrator for Fisheries, National Marine 

Fisheries Service, United States Department of Commerce, and Wilbur L. Ross,*

 in his official 

capacity as Secretary of the United States Department of Commerce (collectively “Federal 

Defendants”); 

WHEREAS, on March 31, 2016, the Conservancy brought an action (D. Or. No. 

3:16−cv−00553−MO) in the United States District Court for the District of Oregon against 

Federal Defendants, alleging various claims under the Endangered Species Act (“ESA”) related 

to the funding of hatchery programs by Federal Defendants under the Mitchell Act; 

WHEREAS, on June 27, 2016, the Conservancy filed a First Amended Complaint 

alleging claims under the ESA and National Environmental Policy Act (“NEPA”) related to the 

funding of hatchery programs by Federal Defendants under the Mitchell Act; 

WHEREAS, on January 15, 2017, the National Marine Fisheries Service issued its 

Biological Opinion and Incidental Take Statement under section 7 of the ESA, 16 U.S.C. § 1536, 

for disbursement of money to hatchery programs that had been appropriated under the Mitchell 

Act; 

                                                            

* Pursuant to Federal Rule of Civil Procedure 25(d), Samuel D. Rauch III, in his official capacity 

as Acting Assistant Administrator for Fisheries, National Marine Fisheries Service, and Wilbur 

L. Ross, in his official capacity as Secretary of the United States Department of Commerce, are 

substituted as Federal Defendants. 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 4 of 9
Settlement Agreement Page 2 of 6

WHEREAS, on June 30, 2017, the Conservancy filed its Second Amended Complaint 

alleging the First Cause of Action, the Second Cause of Action, and the Third Cause of Action 

under the ESA; 

WHEREAS, the Conservancy recognizes that Biological Opinion and Incidental Take 

Statement issued by the National Marine Fisheries Service on January 15, 2017, provides and 

renders moot much of the relief initially sought in this action, but the Conservancy has asserted 

its intent to seek an award of attorneys’ fees, costs, and expenses incurred in this matter under 

section 11(g)(4) of the ESA, 16 U.S.C. 1540(g)(4); and 

WHEREAS, the Conservancy and Federal Defendants (collectively, the “Parties”) agree 

that it is in the interest of the parties and judicial economy to settle all of the Conservancy’s 

claims for attorneys’ fees, costs, and expenses in the above-referenced lawsuit and otherwise 

resolve this matter. 

NOW, THEREFORE, for the sole purpose of resolving these matters without further 

litigation, the Parties hereby stipulate and agree as follows: 

1. Federal Defendants shall pay eighty thousand dollars ($80,000.00) to the 

Conservancy in full satisfaction of any and all claims that have been or could be brought for 

attorneys’ fees, costs, and expenses related to the above-referenced lawsuit as of the effective 

date of this Settlement Agreement, against any party of the United States government. This 

payment shall be accomplished by electronic funds transfer to the Law Office of David H. 

Becker, LLC, which will accept payment on behalf of the Conservancy. Federal Defendants 

shall submit all necessary paper work for the processing of the payment to the appropriate 

office(s) within ten (10) calendar days of the Effective Date of this Settlement Agreement. 

Counsel for Federal Defendants will follow up with the appropriate office(s) if payment is not 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 5 of 9
Settlement Agreement Page 3 of 6

made within thirty (30) calendar days after the paper work for processing of the payment has 

been submitted. The Conservancy’s counsel will provide notice via electronic mail of receipt of 

the payment to Federal Defendants’ counsel within five (5) days of receipt. The Conservancy’s 

counsel has provided counsel for Federal Defendants the information necessary to process the 

payment. In acknowledgement and in exchange for payment pursuant to this paragraph, the 

Conservancy agrees that receipt of such payment shall constitute full and complete satisfaction 

of all its claims under the ESA and any other authority for attorneys’ fees, costs, and expenses 

incurred by the Conservancy in the above-referenced lawsuit prior to the effective date of this 

Settlement Agreement. 

2. Upon execution of this Settlement Agreement by the Parties, the Parties shall file 

an agreed-upon joint motion and proposed order providing that this matter, D. Or. Case No. 

3:16-cv-00553-MO, shall be dismissed with prejudice under Federal Rule of Civil Procedure 

41(a)(2). This Settlement Agreement shall be null and void if the Court does not dismiss this 

matter in accordance with the terms set forth in the agreed-upon join motion and proposed order. 

3. The Court shall retain jurisdiction over this case for the sole purpose of enforcing 

the terms of this Settlement Agreement, and the agreed-upon order of dismissal proposed by the 

Parties shall provide for such retained jurisdiction for the sole purpose of enforcing the terms of 

this Settlement Agreement. See Kokkonen v. Guardian Life Ins. Of Am., 511 U.S. 375 (1994). 

Contempt of court is not available as an initial remedy under this Settlement Agreement. 

4. This Settlement Agreement represents a compromise of disputes and does not 

constitute, and shall not be construed as, an admission of liability or error by Federal Defendants 

with respect to any matter associated with the Conservancy’s claims or arguments, and does not 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 6 of 9
Settlement Agreement Page 4 of 6

constitute, and shall not be construed as, an admission of liability or error by the Conservancy 

with respect to any matter associated with Federal Defendants’ arguments. 

5. Federal Defendants enter into this Settlement Agreement solely to avoid further 

litigation regarding the issues resolved by this Settlement Agreement. The Parties agree that the 

Settlement Agreement has no precedential value and they shall not cite the Settlement 

Agreement or settlement embodied herein as evidence of any liability in this case or in any other 

litigation, except as necessary to enforce the terms of this Settlement Agreement. Federal 

Defendants do not waive any defenses they may have concerning the claims settled under this 

Settlement Agreement. 

6. The Parties recognize and acknowledge that the payment obligations of Federal 

Defendants can be paid only from appropriated funds legally available for such purpose. 

7. No provision of this Settlement Agreement shall be interpreted as or constitute a 

commitment or requirement that Federal Defendants are obligated to pay funds in contravention 

of the Anti-Deficiency Act, 31 U.S.C. § 1341, or other applicable provisions of law. 

8. This Settlement Agreement represents the entirety of the commitments between 

the Conservancy and Federal Defendants with regard to settlement of the Conservancy’s claims 

for attorneys’ fees, costs, and expenses and settlement of the remaining issues in this litigation. 

9. The Effective Date of this Settlement Agreement shall be the date upon which the 

Court enters the order of dismissal proposed by the Parties. Federal Defendants’ obligations 

under this Settlement Agreement shall terminate upon completion of the payment described in 

Paragraph 1 of this Settlement Agreement. 

10. No modification of this Settlement Agreement shall be valid unless expressly 

consented to in writing by the Parties. 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 7 of 9
Settlement Agreement Page 5 of 6

11. The provisions of this Settlement Agreement shall apply to and be binding upon 

each of the settling Parties including, but not limited to, their officers, directors, servants, 

employees, successors, assigns, officials, administrators, contractors, attorneys, past and present 

agents. 

12. The undersigned warrant that they have full authority to enter into this Settlement 

Agreement and by their signatures bind to the terms of this Settlement Agreement the party or 

parties on whose behalf they have signed. 

WHEREFORE, after having review the terms and conditions of this Settlement 

Agreement, Plaintiff Wild Fish Conservancy and Federal Defendants, National Marine Fisheries 

Service, Samuel D. Rauch III, in his official capacity as Acting Assistant Administrator for 

Fisheries, National Marine Fisheries Service, United States Department of Commerce, and 

Wilbur L. Ross, in his official capacity as Secretary of the United States Department of 

Commerce, hereby consent and agree to the terms and conditions of this Settlement Agreement. 

ON BEHALF OF FEDERAL DEFENDANTS: 

 s/ Coby Howell 

COBY HOWELL 

Senior Trial Attorney 

U.S. Department of Justice 

 Environment & Natural Resources Division 

c/o U.S. Attorney’s Office 

1000 SW Third Avenue 

Portland, OR 97204-2902 

(503) 727-1023 

Coby.Howell@usdoj.gov 

Counsel for Federal Defendants 

Dated: June 30, 2017 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 8 of 9
Settlement Agreement Page 6 of 6

ON BEHALF OF PLAINTIFFS: 

 s/ David H. Becker 

DAVID H. BECKER 

Law Office of David H. Becker, LLC 

833 SE Main Street, #302 

Portland, OR 97214 

(503) 388-9160-0403 

davebeckerlaw@gmail.com

Dated: June 30, 2017 

 s/ Brian A. Knutsen 

BRIAN A. KNUTSEN 

KAMPMEIER & KNUTSEN, PLLC 

833 S.E. Main Street, No. 318 

Portland, Oregon 97214 

Tel: (503) 841-6515 

brian@kampmeierknutsen.com 

Counsel for Plaintiff Wild Fish Conservancy 

Dated: June 30, 2017 

Case 3:16-cv-00553-MO Document 37-1 Filed 06/30/17 Page 9 of 9