RALPH 0. BLOEMERS, OSB# 984172 

ralph@crag.org - (503) 525-2727 

CHRISTOPHER G. WINTER, OSB# 984355 

chris@crag.org - (503) 525-2725 

Crag Law Center 

917 SW Oak Street, Suite 417 

Portland, OR 97205 

Fax: (503) 296-5454 

Attorneys for Plaintiffs HRVRC & Mike McCarthy 

JONATHAN M. RADMACHER, OSB# 924314 

McEwen Gisvold LLP 

jonathanr@mcewengisvold.com 

1100 SW 6th Ave, Suite 1600 

Portland, Oregon 97204 

Tel. (503) 412-3522 

Fax: (503) 243-2687 

Attorney for Plaintiff Mt. Hood Meadows 

STEPHEN MADKOUR, OSB# 941091 

smadkour@clackamas.us 

Clackamas County Counsel 

2051 Kaen Road, Suite 460 

Oregon City, Or 97045 

Tel. (503) 655-8362 

Fax: (503) 742-5397 

Attorney for Plaintiff Clackamas County 

WILFORD K. CAREY, OSB# 720477 

wcarey@gorge.net 

Annala, Carey, Baker, Thompson and Van Katen, P.C. 

305 Cascade Ave. 

Hood River, Oregon 97031 

Tel. (541) 386-1811 

Fax: (541) 386-6242 

Attorney for Plaintiff Hood River County 

BILLY J. WILLIAMS, OSB# 901366 

United States Attorney 

STEPHEN J. ODELL, OSB# 903530 

Assistant United States Attorney 

steve.odell@usdoj.gov 

Office of the United States Attorney 

1000 S.W. Sixth Avenue, Suite 600 

Portland, OR 97204 

Telephone: (503) 727-1024 

Telefax: (503) 727-1117 

Of Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

Page 1 - STIPULATED ORDER STA YING FURTHER PROCEEDINGS 

HRVRC v. Pena, Case no. 3:15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 83 Filed 12/13/16 Page 1 of 5
HOOD RIVER VALLEY RESIDENTS 

COMMITTEE, an Oregon non-profit 

corporation; MIKE MCCARTHY, 

individually; HOOD RIVER COUNTY by 

and through the Board of County 

Commissioners of Hood River County, an 

Oregon municipal corporation; 

CLACKAMAS COUNTY, by and through 

the Board of County Commissioners of 

Clackamas County, an Oregon municipal 

corporation, and MT. HOOD MEADOWS 

OREGON, LLC, an Oregon limited liability 

corporation. 

Plaintiffs, 

v. 

JIM PENA, Regional Director of Region 6 of 

the Forest Service; LISA NORTHROP, 

Supervisor, Mt. Hood National Forest; 

THOMAS L. TIDWELL, Chief, Forest 

Service; & UNITED STATES FOREST 

SERVICE, an Administrative Agency of the 

U.S. Department of Agriculture, 

Defendants. 

Case No.: 3:15-cv-01397-BR 

STIPULATED ORDER STAYING 

FURTHER PROCEEDINGS 

The parties hereby stipulate to a stay of any and all further proceedings in the abovecaptioned action, subject to the set of the following specific conditions: 

• The patties agree that this stipulated stay will remain in effect: (I) at least unless and 

until any target completion date for a specific remaining milestone set forth in the schedule the 

Forest Service filed with the Court on Feb. 12, 2016 (Dkt. #26-3), is missed, at which time any 

party may move to lift the stay; or (2) until the land exchange at issue in the litigation is 

completed. To facilitate transparency and oversight of the ongoing implementation of the Land 

Exchange by the patties and the Court, the patties have agreed on two specific exceptions to the 

stay of proceedings as specifically identified in the two items set forth immediately below. 

Page 2 - STIPULATED ORDER STA YING FURTHER PROCEEDINGS 

HRVRC v. Pena, Case no. 3:15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 83 Filed 12/13/16 Page 2 of 5
• During the pendency of the stipulated stay, the parties agree to continue to file monthly 

joint status reports on the progress that continues to be made to implement the Land Exchange by 

the second Tuesday of each calendar month; toward this end, Defendants agree to continue to 

provide a draft of each such report for Plaintiffs' counsel to review one week prior to the filing 

deadline each month, and Plaintiffs' counsel agree to coordinate their feedback and/or proposed 

edits and provide a single response to the circulated draft that represents the collective position 

of all Plaintiffs on the draft that Defendants' counsel has circulated for review. 

• For at least as long as the stipulated stay remains in effect, the Forest Service agrees to 

lodge a supplement to the administrative record underlying its implementation of those portions 

of the Land Exchange for which it is responsible upon completion of each of the following 

specific milestones in implementation of the Land Exchange, per the following time frame: 

>A supplement extending through the date of the closure of the public-comment period 

on the Draft Environmental hnpact Statement on the Land Exchange the Forest Service recently 

published and made available for public review, to be lodged within 60 days of that date. 

>A supplement extending through the date of the submission of the appraisal being 

prepared in support of the Land Exchange by Maloy & Co. to the Forest Service Review 

Appraiser, to be lodged within 45 days of that date. The Forest Service notes in this regard that, 

per its guidance, the appraisal itself will not be included in this supplement, insofar as such 

guidance provides that the appraisal cannot be provided even to agency officials working on the 

Land Exchange on the Mt. Hood National Forest or MHMO, the other party to the exchange, 

until after it has been reviewed and formally approved for Agency use by a Forest Service 

Review Appraiser. Upon receiving such approval, the appraisal can then be internally released 

to Forest Service officials and MHMO, but, per agency guidance, may not be released externally 

Page 3-STIPULATED ORDER STAYING FURTHER PROCEEDINGS 

HRVRC v. Pefia, Case no. 3:15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 83 Filed 12/13/16 Page 3 of 5
to others who are not direct parties to the Land Exchange except via an appropriate request made 

pursuant to the Freedom of Information Act ("FOIA"), in the absence of legislation specifically 

directing that external release of the approved appraisal be made otherwise or via other means. 

Defendants' counsel will work with the Forest Service to expedite to the extent practicable the 

agency's response to any FOIA request seeking a copy of the approved appraisal in this regard. 

>A supplement extending through the date the Forest Service issues the Final Record of 

Decision and Final Environmental Impact Statement on the Land Exchange, to be lodged within 

45 days of that date. 

• The parties agree that each of them is entering into this stipulation for a stay of further 

proceedings wholly volitionally in response to the inquiry of the Court and that the request does 

not relate in any manner whatsoever to the merits of Plaintiffs' pending claim at issue in the 

cross-motions for summary judgment or any of the relief that Plaintiff seek in this litigation, nor 

shall the request be construed or considered as any indication of the relative strength or 

weakness, or success, of any party's position on any of the issues involved in this action. 

Pursuant to the Court's request, the parties respectfully ask the Court to approve the 

foregoing stipulation by signing on the signature block provided for that purpose below. 

Jointly and respectfully submitted this 10th day of November 2016. 

FOR PLAINTIFFS: 

Crag Law Center 

s/ Ralph 0. Bloemers 

Ralph 0. Bloemers, OSB# 984172 

Christopher G. Winter, OSB# 984355 

For Plaintiffs HRVRC & Mike McCarthy 

FOR DEFENDANTS: 

Office of the United States Attorney 

s/ Stephen J. Odell 

BILLY J. WILLIAMS, OSB # 901366 

United States Attorney 

STEPHEN J. ODELL, OSB # 903550 

Assistant United States Attorney 

Of Attorneys for Defendants 

Page 4- STIPULATED ORDER STAYING FURTHER PROCEEDINGS 

HRVRC v. Pena, Case no. 3:15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 83 Filed 12/13/16 Page 4 of 5
Clackamas County Counsel 

s/ Stephen L. Madkour 

Stephen L. Madkour, OSB# 941091 

For Plaintiff Clackamas County 

Hood River County Counsel 

s/ Wilford K. Carey 

Judge Wilford K. Carey, OSB# 720477 

For Plaintiff Hood River County 

McEwen Gisvold LLP 

s/ Jonathan M. Radmacher 

Jonathan M. Radmacher, OSB# 924314 

For Plaintiff Mt. Hood Meadows Oregon, LLC 

After having reviewed the foregoing stipulation of the parties to stay further proceedings, 

1 hereby APPROVE the Stipulation & ORDER that further proceedings in this action are stayed 

as of this date consistent with the Stipulation's terms . 

. ~_IL 

DATED this i.:::_ day of December 2016. 

THE HONORABLE ANNA J. BROWN 

United States District Judge 

Page 5 - STIPULATED ORDER STA YING FURTHER PROCEEDINGS 

HRVRC v. Pena, Case no. 3:15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 83 Filed 12/13/16 Page 5 of 5