Res 1996-079 - Laserfiche WebLink

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I?G- 8. By Order dated February 26, 1996, the Fìfth Circuit, among other things, ordered that the matters then on appeal be remanded to the district court "with instructions that the district court take the ministerial steps necessary to conclude this case promptly." 9. By Order dated February 28, 1996, the district court, among other things, ordered -- parties to submit "applications for attorney's fees, costs, expenses, etc." within ten days of the date of that Order. 10. In response to the February 28, 1996 Order and pursuant to Rule 6, FRCP, on March 13, 1996 Plaintiffs submitted their Joint Motion for Award of Their Combined Cost of Litigation from October 12, 1993 to Present. 11. Plaintiffs and Federal Defendants desire to resolve by compromise agreement I ! I Plaintiffs' claim against Federal Defendants for Plaintiffs' combined co~t of litigation from October 12, 1993 to the conclusion of this case. THEREFORE, Plaintiffs and Federal Defendants hereby stipulate and agree as follows: 1. Federal Defendants shall pay the sum of$1,550,000.00 in full settlement of Federal Defendants' liability for Plaintiffs' claim for Plaintiffs' combined cost of litigation from October 12, 1993 to the conclusion of this case. 2. Said monies shall be payable pursuant to Section 11 (g)( 4) of the ESA. 3. A check for said amount shall be made payable to counsel for Plaintiff Sierra Club, as follows: Henry, Lowerre, Johnson, Hess & Frederick 202 West 17th Street Austin, Texas 78701 4. Federal Defendants shall submit the claim for payment to the General Accounting Office no later than 5 calendar days after they receive an Order signed by the Court approving the -3-