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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SOUTHERN ALLIANCE FOR CLEAN
ENERGY,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF ENERGY,
Defendant.
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Civil Action No. 10-1335 (RCL)
STIPULATION OF SETTLEMENT AND DISMISSAL OF
ALL CLAIMS EXCEPT FOR ATTORNEYS 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 Declaratoryand 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 attorneys fees,Defendant will produce by May 15, 2012, an agreed upon set of documents in response to
Plaintiffs 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 DOEs production satisfies its disclosure obligations under the FOIA in
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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 attorneys fees, this Stipulation of Settlement constitutes thefull 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-2010-
01170-F dated March 25, 2010 and HQ-2010-01744-F dated July 19, 2010.
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4. The parties thus stipulate to dismiss all claims in this action, with the exception ofthe issue of attorneys 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 attorneys 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 attorneys fees.
Respectfully submitted,
/s/ James B. DoughertyJAMES B. DOUGHERTY, D.C. Bar
#939538
709 3rd Street NW
Washington, DC 20024(202) 488-1140
/s/ Mindy Goldstein
MINDY GOLDSTEIN
GA Bar #727476Turner Environmental Law Clinic
1301 Clifton RoadAtlanta, GA 30322(404) 727-3432
Pro Hac Vice
Attorneys for Plaintiff
RONALD C. MACHEN JR., D.C. Bar # 447889United States Attorney
for the District of Columbia
DANIEL F. VAN HORN, D.C. Bar #924092Acting Civil Chief
By: /s/ Michelle Lo .MICHELLE LO
Assistant United States Attorney555 Fourth St., N.W.
Washington, D.C. 20530
Tel: (202) 514-5134; Fax: (202) 514-8780Michelle.Lo2@usdoj.gov
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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