WildEarth Guardians v. Forson ( 2021 )

JEAN E. WILLIAMS Oliver J. H. Stiefel, OSB # 135436 Acting Assistant Attorney General Tel: (503) 227-2212 Environment & Natural Resources Division oliver@crag.org U.S. Department of Justice Crag Law Center 3141 E Burnside Street SHAUN M. PETTIGREW Portland, Oregon 97214 Natural Resources Section Fax: (503) 296-5454 c/o NOAA, Damage Assessment 7600 Sand Point Way, NE David H. Becker, OSB # 081507 Seattle, WA 98155 Tel: (503) 388-9160 Phone: (206) 526-6881 davebeckerlaw@gmail.com shaun.pettigrew@usdoj.gov Law Office of David H. Becker, LLC 4110 SE Hawthorne Boulevard # 168 Counsel for Federal Defendants Portland, Oregon 97214 Attorneys for Central Oregon LandWatch IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PENDLETON DIVISION CENTRAL OREGON LANDWATCH, an Case No. 2:17-cv-1004-SU (Lead Case) Oregon non-profit corporation, Case No. 2:17-cv-1091-SU (Trailing Case) Case No. 2:17-cv-1366-SU (Trailing Case) Plaintiff, v. SHANE JEFFRIES, in his official capacity as Ochoco National Forest Supervisor; GLENN CASAMASSA, in his official capacity as ORDER Regional Forester for Region 6; and UNITED STATES FOREST SERVICE, Federal Defendants, and OCHOCO TRAIL RIDERS, OREGON MOTORCYLE RIDERS ASSOCIATION, PACIFIC NORTHWEST 4 WHEEL DRIVE ASSOCIATION, DESCHUTES COUNTY 4 WHEELERS, and THE BLUERIBBON COALTION, Defendant-Intervenors On August 7, 2020, Magistrate Judge Sullivan issued a Findings and Recommendation (F&R), ECF No. 162, addressing Plaintiff’s Amended Motion for Attorney Fees, Costs, and Other Expenses, ECF No. 137. See Central Or. Landwatch v. Jeffries, Civ. Nos. 2:17-cv-01004- SU, 2:17-cv-01091-SU, 2:17-cv-01366-SU, 2020 WL 8172994 (D. Or. Aug. 7, 2020). Following extensions of the deadline to object to the F&R, the parties filed a Stipulated Settlement Agreement and Release (Settlement Agreement) on February 4, 2021. ECF No. 173. Paragraph 2 of the Settlement Agreement provides that following payment under the terms of the Settlement Agreement, the parties “will jointly request that the Court enter an order vacating the F&R, pursuant to Paragraph 5.” Id. ¶ 2. Paragraph 5 provides that “[w]ithin fifteen (15) calendar days after Crag Law Center’s receipt of the payment described in Paragraphs 1 and 3 of this Agreement, the parties will file a joint stipulation requesting that the Court vacate the F&R.” Id. ¶ 5. This matter having come before the Court on the request of the parties, and the Court being duly informed of the above provisions in the Settlement Agreement entered by the parties to this matter, the parties’ Joint Motion and Stipulation to Vacate Findings and Recommendation (ECF No. 175) is GRANTED, and NOW THEREFORE IT IS ORDERED that the F&R entered as ECF No. 162 is hereby vacated. DATE: ___M__a_r_c_h_ 1_6_,_ _2_0_2_1________ Hon. Marco A. Hernández U.S. District Judge