Opinion
2:20-cv-02131-RFB-DJA
01-19-2022
CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. DEBRA HAALAND et al., Defendants, and LEE CANYON SKI LIFTS, INC., Defendant-Intervenor
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE
Plaintiff CENTER FOR BIOLOGICAL DIVERSITY (“the Center”), by and through its attorneys, and Defendants DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior, MARTHA WILLIAMS, in her official capacity as Principal Deputy Director of the U.S. Fish and Wildlife Service, GLEN KNOWLES, in his official capacity as Field Supervisor of the Southern Nevada Fish and Wildlife Office, U.S. FISH AND WILDLIFE SERVICE, WILLIAM DUNKELBERGER, in his official capacity as Humboldt-Toiyabe National Forest Supervisor, and the U.S. FOREST SERVICE (collectively “Federal Defendants”), by and through their attorneys, and Defendant-Intervenor LEE CANYON SKI LIFTS, INC. (“Lee Canyon”, and together with the Center and the Federal Defendants, “the Parties”) by and through its attorneys, hereby stipulate to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and with the following background and reasons:
1. On November 19, 2020, the Center filed the above-captioned action against Federal Defendants. ECF No. 1.
2. On August 4, 2021, this Court granted Lee Canyon's unopposed motion to intervene in this action as a defendant. ECF No. 35.
3. The Center and Lee Canyon have executed a Settlement Agreement fully resolving any and all claims by each party to that agreement against the other. The Settlement Agreement is attached hereto as Exhibit A and incorporated by reference as to the Center and Lee Canyon. Pursuant to that Agreement, the Center agrees to voluntarily dismiss any and all claims against Lee Canyon and the Federal Defendants.
Accordingly, the Parties HEREBY STIPULATE that this action be dismissed with prejudice, each party to bear their own attorneys' fees and costs.
IT IS SO ORDERED: