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 

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

 v. JOINT MOTION FOR VOLUNTARY 

 DISMISSAL WITH PREJUDICE 

NATIONAL MARINE FISHERIES UNDER RULE 41(a)(2) 

SERVICE, et al. 

 Defendants. 

 ________________________________ 

Case 3:16-cv-00553-MO Document 37 Filed 06/30/17 Page 1 of 5
JOINT MOTION FOR VOLUNTARY DISMISSAL 

- 2 - 

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”) jointly move this Court to dismiss 

this action with prejudice under Federal Rule of Civil Procedure 41(a)(2). In support of this 

Joint Motion, the Conservancy and Federal Defendants (collectively, the “Parties”) state as 

follows. 

The Conservancy filed its Complaint on March 31, 2016, ECF No. 1, and its First 

Amended Complaint on June 27, 2016, ECF No. 10, alleging that Federal Defendants funded 

hatchery programs under the Mitchell Act, 16 U.S.C. §§ 755–56, in violation of the Endangered 

Species Act (“ESA”) and the National Environmental Policy Act (“NEPA”). The National 

Marine Fisheries Service issued a biological opinion and incidental take statement under section 

7 of the ESA for Mitchell Act hatchery programs on January 15, 2017. The Conservancy filed 

its Second Amended Complaint on June 30, 2017, ECF No. 36, which alleges three causes of 

action under the ESA, while removing one ESA cause of action and the sole NEPA cause of 

action that had been alleged in the First Amended Complaint. 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). 

 

* 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 Filed 06/30/17 Page 2 of 5
JOINT MOTION FOR VOLUNTARY DISMISSAL 

- 3 - 

As the Parties have represented in their status reports to the Court, the Parties have been 

involved in discussions in an effort to resolve the outstanding issues in this case. Those 

negotiations have resulted in the Parties’ execution of a Settlement Agreement that is being filed 

as an attachment to the [Proposed] Order Granting Joint Motion for Voluntary Dismissal With 

Prejudice Under Federal Rule of Civil Procedure 41(a)(2), submitted herewith and in Microsoft 

Word format to MOpropdoc@ord.uscourts.gov. 

 As set forth in the Settlement Agreement, the Parties entered into the Settlement 

Agreement without any admission of fact or law. The Parties consider the Settlement Agreement 

to be a fair, adequate, and reasonable resolution of the Conservancy’s assertion to an entitled to 

an award of attorneys’ fees, costs, and expenses. Accordingly, the Parties believe that entering 

into the Settlement Agreement is in the interest of the public, the Parties, and judicial economy. 

 The proposed order and the Settlement Agreement provide that this Court shall retain 

jurisdiction for the sole purpose of enforcing the terms of the Settlement Agreement. See 

Settlement Agreement, ¶ 3; and see Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 

(1994). The validity of the Settlement Agreement is dependent upon this Court’s entry of the 

[Proposed] Order Granting Joint Motion for Voluntary Dismissal With Prejudice Under Federal 

Rule of Civil Procedure 41(a)(2), submitted herewith and in Microsoft Word format to 

MOpropdoc@ord.uscourts.gov. See Settlement Agreement, ¶ 2. Upon entry of the [Proposed] 

Order Granting Joint Motion for Voluntary Dismissal With Prejudice Under Federal Rule of 

Civil Procedure 41(a)(2), this case will be dismissed with prejudice. 

NOW THEREFORE, the Parties, by and through their undersigned counsel, jointly 

request that the Court enter the attached [Proposed] Order Granting Joint Motion for Voluntary 

Dismissal With Prejudice Under Federal Rule of Civil Procedure 41(a)(2), and thereby order 

that: 

Case 3:16-cv-00553-MO Document 37 Filed 06/30/17 Page 3 of 5
JOINT MOTION FOR VOLUNTARY DISMISSAL 

- 4 - 

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

Agreement attached as Exhibit A to the Order Granting Joint Motion for Voluntary Dismissal 

With Prejudice Under Federal Rule of Civil Procedure 41(a)(2), 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 to the Order Granting Joint Motion for Voluntary 

Dismissal With Prejudice Under Federal Rule of Civil Procedure 41(a)(2). See Kokkonen v. 

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

RESPECTFULLY SUBMITTED this 30th day of June, 2017. 

s/ Brian A. Knutsen 

Brian A. Knutsen (OSB No. 112266) 

KAMPMEIER & KNUTSEN, PLLC 

833 S.E. Main Street, No. 318 

Portland, Oregon 97214 

Tel: (503) 841-6515 

Email: 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 

Tel: (503) 388-9160 

Email: davebeckerlaw@gmail.com 

Attorneys for Plaintiff Wild Fish Conservancy

 s/ Coby Howell 

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 

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

Email: coby.howell@usdoj.gov 

Rachel K. Roberts, Trial Attorney 

Natural Resources Section 

U.S. Department of Justice 

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

 

 

Case 3:16-cv-00553-MO Document 37 Filed 06/30/17 Page 4 of 5
JOINT MOTION FOR VOLUNTARY DISMISSAL 

- 5 - 

CERTIFICATE OF SERVICE 

I hereby certify that on June 30, 2017, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF System which will send notification of such filing to the 

attorneys of record. 

 s/ Brian A. Knutsen 

 Brian A. Knutsen, OSB No. 112266 

 Attorney for Plaintiff 

 Kampmeier & Knutsen, PLLC 

 833 Main Street, No. 318 

 Portland, Oregon 97214 

 Tel: (503) 841-6515 

 Email: brian@kampmeierknutsen.com 

Case 3:16-cv-00553-MO Document 37 Filed 06/30/17 Page 5 of 5