United States District Court, W.D. Washington, Seattle
STEPHEN D. MASHUDA KRISTEN L. BOYLES BRETTNY HARDY (Pro Hac
Vice) Attorneys for Plaintiffs, The Tulalip Tribes and The
E. WILLIAMS, Deputy Assistant Attorney General SETH M.
BARSKY, Section Chief, JOHN H. MARTIN, Trial Attorney United
States Department of Justice Environment & Natural
Resources Division Wildlife & Marine Resources Section
BRIAN T. MORAN United States Attorney BRIAN C. KIPNIS
Assistant United States Attorney Attorneys for Defendants.
STIPULATION ON ATTORNEYS' FEES AND COSTS AND
J. Pechman United States Senior District Judge.
Stipulated Agreement (hereinafter, “Stipulation”)
is made between Plaintiffs the Tulalip Tribes and Suquamish
Tribe, and Defendants, U.S. Coast Guard, et al., (referred to
collectively as the “Parties”).
Plaintiffs' Complaint asserts that the U.S. Coast Guard
failed to complete consultation pursuant to Endangered
Species Act (“ESA”) Section 7(a)(2), 16 U.S.C.
§ 1536(a)(2), regarding its approval and implementation
of its traffic separation scheme (“TSS”) rule for
the Strait of Juan de Fuca and its approaches; Puget Sound
and its approaches; and Haro Strait, Boundary Pass, and the
Strait of Georgia, promulgated on April 26, 2011 and codified
at 33 C.F.R. §§ 167.1300 through 167.1332. ECF 1.
the Coast Guard has completed the ESA consultation process
described in the Parties' stipulated motion for stay of
litigation (ECF 40) and the District Court has granted the
Parties' stipulated dismissal of this action without
prejudice on July 9, 2019. ECF 45.
the Parties, without any admission or final adjudication of
the issues of fact or law with respect to Plaintiffs'
claim for attorneys' fees, costs, and expenses, have
reached a settlement that they consider to be a lawful
resolution of this claim;
the Parties agree that settlement of Plaintiffs' claim to
an award of attorneys' fees, costs, and other expenses in
this manner is in the interest of the parties and is an
appropriate way to resolve the claim; and
the Parties enter this Stipulation without any admission of
fact or law.
THEREFORE, the Parties STIPULATE and move the Court to ORDER
1. Defendants agree to settle Plaintiffs' entire claim
for an award of costs, attorneys' fees, and any other
expenses in the above-captioned litigation for a total of
$70, 000.00 in full and complete satisfaction of any and all
claims, demands, rights, and causes of action pursuant to the
Endangered Species Act, 16 U.S.C. § 1540(g) and/or any
other statutory or common law theory, for all attorneys'
fees, costs, and expenses incurred by Plaintiffs in this
litigation through and including the date of this
Stipulation. Defendants agree to pay the entire amount to the
IOLTA account of Earthjustice, for appropriate distribution
on behalf of Plaintiffs in this action. Plaintiffs agree to
furnish counsel for Defendants with the information necessary
to effectuate this payment. Within twenty (20) business days
after entry of this Stipulation or Plaintiffs' provision
of the necessary information, whichever is later, Defendants
shall submit all paperwork necessary for the processing of
the $70, 000 payment. Plaintiffs shall provide confirmation
of the receipt of the payment to undersigned counsel for
Defendants within twenty one (21) days of receipt of the
2. Plaintiffs agree to accept payment of $70, 000.00 in full
satisfaction of any and all claims for attorneys' fees
and costs of litigation to which Plaintiffs may be entitled
with respect to the above-captioned litigation, through and
including the date of this Stipulation. Plaintiffs agree that
receipt of this payment from Defendants shall operate as a
release of Plaintiffs' claims for attorneys' fees and
costs in this matter, through and including the effective
date of this Stipulation.
3. The Parties agree that this Stipulation was negotiated in
good faith and it constitutes a settlement of claims that
were vigorously contested, denied, and disputed by the
4. The undersigned representatives of each party certify that
they are fully authorized by the party or parties they