Klean Waters, Inc. et al v. Orange County Sanitation District et al

Filing 47

JUDGMENT ON DENIAL OF ADMINISTRATIVE WRIT OF MANDATE by Judge James V. Selna. Judgment is entered in favor of the District, and against Klean Waters with respect to all claims in the Verified First Amended Complaint for Writ of Mandate and Permanent Injunction. Related to: Notice of Lodging 46 . (MD JS-6, Case Terminated). (twdb)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 KLEAN WATERS, INC.; TIM MILLER; SHAUN MILLER; Plaintiffs, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO.: 8:15-cv-01498-JVS-FFM BEFORE THE HONORABLE JAMES V. SELNA v. JUDGMENT ON DENIAL OF ORANGE COUNTY SANITATION ADMINISTRATIVE WRIT OF MANDATE DISTRICT, a government entity organized under the laws of the State of California; ORANGE COUNTY SANITATION DISTRICT BOARD OF Complaint Filed: September 16, 2015 DIRECTORS; JAMES HERBERG, an [Filed concurrently with Notice of Lodging] individual; and DOES 1-10 Defendants. JUDGMENT 1 2 This matter came regularly for hearing on February 8, 2017 before the Honorable 3 James V. Selna in Department 10C of the above-entitled Court. Matthew I. Kaplan of 4 Tucker Ellis LLP appeared on behalf of Plaintiffs and Petitioners Klean Waters, Inc., Tim 5 Miller, and Shaun Miller (collectively “Klean Waters”). Roger A. Cerda appeared on 6 behalf of Respondents and Defendants Orange County Sanitation District, Orange County 7 Sanitation District Board of Directors, and James Herberg (collectively “the District”). 8 The Court heard oral argument, considered the arguments of all parties, considered the 9 entirety of the administrative record, pleadings, papers and all other matters presented to 10 the Court, and the matter was taken under submission. On February 27, 2017 the Court 11 issued an Order Denying Motion for Administrative Writ of Mandate (“Order”). A true 12 and correct copy of the Order is attached hereto as Exhibit A. Pursuant to and consistent 13 with that Order, 14 15 16 17 18 19 20 IT IS HEREBY ADJUDGED, ORDERED, AND DECREED THAT: 1. Klean Waters’ Motion for Writ of Administrative Mandamus is DENIED; 2. Klean Waters’ Verified First Amended Complaint for Writ of Mandate and Permanent Injunction is DENIED in its entirety; 3. Judgment is entered in favor of the District, and against Klean Waters with respect to all claims in the Verified First Amended Complaint for Writ of Mandate and Permanent Injunction. 21 Dated: May 15, 2017 22 23 24 25 26 27 28 _________________________________ Honorable James V. Selna United States District Court Judge

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