Case 1:10-cv-01335-RCL Document 44

Filed 05/14/12 Page 1 of 3

Attachment H


Civil Action No. 10-1335 (RCL)

STIPULATION OF SETTLEMENT AND DISMISSAL OF ALL CLAIMS EXCEPT FOR ATTORNEY’S FEES AND PROPOSED ORDER The parties, Plaintiff, Southern Alliance for Clean Energy, and Defendant, U.S. Department of Energy (“DOE”), hereby settle and compromise the above-entitled lawsuit brought under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, as amended, on the following terms: 1. On January 14, 2011, Plaintiff filed a First Amended Complaint for Declaratory

and Injunctive Relief under the Freedom of Information Act (“FOIA”) to obtain from DOE records relating to loan guarantees for the construction and operation of two new nuclear reactors at Vogtle Electric Generating Plant in Burke County, Georgia. 2. In settlement of all claims in this case, save for the issue of attorney’s fees,

Defendant will produce by May 15, 2012, an agreed upon set of documents in response to Plaintiff’s FOIA request, in accordance with the terms outlined in a letter from counsel for Defendant to counsel for Plaintiff dated May 14, 2012, and attached hereto as Exhibit A. The parties agree that DOE’s production satisfies its disclosure obligations under the FOIA in

Case 1:10-cv-01335-RCL Document 44

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Attachment H
response to the FOIA request at issue in this action, HQ-2010-01170-F dated March 25, 2010, as well as FOIA request HQ-2010-01744-F dated July 19, 2010. 3. Save for the issue of attorney’s fees, this Stipulation of Settlement constitutes the

full and complete satisfaction of any and all claims arising from (a) the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that Plaintiff has brought, could bring, or could have brought regarding FOIA requests HQ-201001170-F dated March 25, 2010 and HQ-2010-01744-F dated July 19, 2010. (remainder of this page left intentionally blank)


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Attachment H
4. The parties thus stipulate to dismiss all claims in this action, with the exception of the issue of attorney’s fees. The parties propose that they be provided a period of 60 days, i.e., until July 13, 2012, to determine whether they are able to reach agreement on this issue. If the parties are able to reach an agreement, the parties will file a stipulation of settlement and dismissal as to the issue of attorney’s fees on or before July 13, 2012. If the parties are unable to reach an agreement, Plaintiff will submit a fee petition on or before August 3, 2012. Defendant expressly reserves all arguments regarding the issue of attorney’s fees. Respectfully submitted, /s/ James B. Dougherty JAMES B. DOUGHERTY, D.C. Bar #939538 709 3rd Street NW Washington, DC 20024 (202) 488-1140 /s/ Mindy Goldstein MINDY GOLDSTEIN GA Bar #727476 Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30322 (404) 727-3432 Pro Hac Vice Attorneys for Plaintiff RONALD C. MACHEN JR., D.C. Bar # 447889 United States Attorney for the District of Columbia DANIEL F. VAN HORN, D.C. Bar #924092 Acting Civil Chief By: /s/ Michelle Lo MICHELLE LO Assistant United States Attorney 555 Fourth St., N.W. Washington, D.C. 20530 Tel: (202) 514-5134; Fax: (202) 514-8780 Attorneys for Defendant .

It is SO ORDERED on this ___ day of May, 2012.

________________________ Hon. Royce C. Lamberth United States District Judge


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