Friends of the Columbia Gorge, Inc. v. Elicker

• Decision Date: 24 July 2011
• Docket Number: 05-CV-646-BR
• Parties: FRIENDS OF THE COLUMBIA GORGE, INC.; and IN DEFENSE OF ANIMALS, Plaintiffs, v. ROY ELICKER, DIRECTOR, OREGON DEPARTMENT OF FISH AND WILDLIFE; MARLA RAE, CHAIR, OREGON FISH AND WILDLIFE COMMISSION, and UNITED STATES FOREST SERVICE, Defendants.
• Court: U.S. District Court — District of Oregon

FRIENDS OF THE COLUMBIA GORGE, INC.; and IN DEFENSE OF ANIMALS, Plaintiffs,
v.
ROY ELICKER, DIRECTOR, OREGON DEPARTMENT OF FISH AND WILDLIFE; MARLA RAE, CHAIR, OREGON FISH AND WILDLIFE COMMISSION,
and UNITED STATES FOREST SERVICE, Defendants.

05-CV-646-BR

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Dated: July 24, 2011

ORDER

GARY K. KAHN
JARED B. KAHN
Reeves, Kahn, Hennessy, & Elkins

Attorneys for Plaintiffs

DWIGHT C. HOLTON
United States Attorney
STEPHEN J. ODELL
Assistant United States Attorney

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Attorneys for Defendant United States Forest Service
(hereinafter referred to as USFS)

JOHN R. KROGER
Attorney General of Oregon
JOHN CLINTON GEIL
MATTHEW J. DONOHUE
CECIL A. RENICHE-SMITH
Assistant Attorneys General
OREGON DEPARTMENT OF JUSTICE

Attorneys for State Defendants Roy Elicker, Director of Oregon Department of
Fish and Wildlife, and Maria Rae, Chair of Oregon Fish and Wildlife Commission
(the agencies hereinafter referred to as ODFW and OFWC respectively and the
individuals in their capacities referred to collectively as State Defendants)

BROWN, Judge.

This matter comes before the Court on the parties' Joint Motion to Dismiss Action and Vacate and Remove Court Decisions from Publication (#192).

The parties have entered into a Settlement and Joint Dismissal Agreement, which is attached to their motion. Pursuant to their Settlement Agreement, the parties jointly moved the U.S. Court of Appeals for the Ninth Circuit to dismiss USFS's appeal and Plaintiffs' cross-appeal in this matter without prejudice to reinstatement under the terms specified in the Settlement Agreement. On May 20,2011, the Ninth Circuit granted the requested relief (#191).

Now, pursuant to the Settlement Agreement, the parties jointly request that the Court dismiss this action with prejudice and vacate and remove from publication the Court's Opinion and Order on Summary Judgment (#143), Opinion and Order on Reconsideration (#148), and Judgment (#183), which are collectively published as Friends of the Columbia Gorge v. Elicker,

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598 F. Supp. 2d...