Coalition for a Sustainable Delta et al v. Carlson et al

Filing 256

Stipulation and ORDER to Dismiss First Amended Complaint with Prejudice, signed by District Judge Lawrence J. O'Neill on 2/28/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COALITION FOR A SUSTAINABLE DELTA,
Case No: 1:08-CV-00397-LJO-MJS
BELRIDGE WATER STORAGE DISTRICT,
(Related Cases:
BERRENDA MESA WATER DISTRICT, LOST
1:05-cv-01207-LJO-MJS
HILLS WATER DISTRICT, WHEELER RIDGE1:06-cv-00245-LJO-MJS
MARICOPA WATER STORAGE DISTRICT,
1:09-cv-00480-LJO-MJS)
AND DEE DILLON,
STIPULATION AND ORDER TO DISMISS
Plaintiffs,
FIRST AMENDED COMPLAINT WITH
PREJUDICE
vs.

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JOHN McCAMMAN, in his official capacity as
Director of the California Department of Fish and
Game,

Courtroom: 3
Judge:
Hon. Lawrence J. O’Neill

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Defendant,
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CENTRAL DELTA WATER AGENCY, et al.
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Defendant-Intervenors,
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CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE, et al.,
Defendant-Intervenors.
AND RELATED CASES

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STIPULATION AND ORDER TO DISMISS FIRST AMENDED COMPLAINT WITH PREJUDICE

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WHEREAS, although all the parties were not able to agree upon settlement terms, Plaintiffs and

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the then Director of the California Department of Fish and Game, John McCamman (the State

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Defendant), were able to agree upon terms, and executed a settlement agreement;

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WHEREAS, on April 19, 2011, the Court entered the settlement agreement as a consent decree
(see ECF No. 253);
WHEREAS, under the terms of the settlement agreement, the State Defendant was obligated to,

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among other things, develop a proposal based upon the best available scientific information to modify

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the striped bass sport fishing regulation to reduce striped bass predation on the endangered Sacramento

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River winter-run chinook salmon, the threatened delta smelt, the threatened Central Valley spring-run

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chinook salmon, and the threatened Central Valley steelhead (the “Listed Species”) to be submitted to

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the California Fish and Game Commission, along with a recommendation that the Commission modify

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the striped bass sport fishing regulation consistent with the proposal;

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WHEREAS, under the terms of the settlement agreement, once the California Fish and Game

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Commission takes final action on the State Defendant’s proposal (by making a final decision to approve,

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modify and approve, or reject the proposal), Plaintiffs are obligated to take all necessary steps to dismiss

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their First Amended Complaint with prejudice;

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WHEREAS, in the settlement agreement, the Plaintiffs and the State Defendant agreed to each

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pay their own attorneys’ fees and costs and expert witness fees and costs, and also agree that neither

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shall be entitled to nor shall they seek from the Court any payment for any such fees and/or costs from

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the other;

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WHEREAS, the State Defendant, with the collaboration of the U.S. Fish and Wildlife Service

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and the National Oceanic and Atmospheric Administration Fisheries Service, developed a joint proposal

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in accordance with the terms of the settlement agreement;

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WHEREAS, the State Defendant has satisfied all requirements of the settlement agreement

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relating to the development of the regulatory proposal and the submission of that proposal to the

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California Fish and Game Commission; and

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WHEREAS, on February 2, 2012, the California Fish and Game Commission voted to deny the
proposal, thereby making a final decision, as that term is defined in the settlement agreement;

STIPULATION AND ORDER TO DISMISS FIRST AMENDED COMPLAINT WITH PREJUDICE

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NOW THEREFORE, Plaintiffs, the State Defendant, and the Defendant Intervenors, through

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their respective counsel, stipulate and agree, subject to the approval of the Court, that the Court,

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pursuant to Federal Rule of Civil Procedure 41(a)(2), dismiss Plaintiffs’ First Amended Complaint with

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prejudice, with each party to pay their own attorneys’ fees and costs and expert witness fees and costs.

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Dated: February 27, 2012

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KAMALA D. HARRIS
Attorney General of the State of California
CLIFFORD T. LEE
Deputy Attorney General
DEBORAH A. WORDHAM
Deputy Attorney General
DANIEL FUCHS
Deputy Attorney General

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By:

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Attorneys for Defendant John McCamman, Director of the
California Department of Fish and Game

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/s/ Clifford T. Lee, Esquire
(As authorized on Feb. 22, 2012)
CLIFFORD T. LEE

Dated: February 27, 2012

NOMELLINI, GRILLI &McDANIEL
PROFESSIONAL LAW CORPORATION

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By:

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Attorneys for Defendants in Intervention Central Delta
Water Agency, et al.

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/s/ Daniel A. McDaniel, Esquire
(As authorized on Feb. 23, 2012)
DANIEL A. McDANIEL

Dated: February 27, 2012

MICHAEL B. JACKSON

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By:

/s/ Michael B. Jackson, Esquire
(As authorized on Feb. 22, 2012)
MICHAEL B. JACKSON

Attorneys for Defendants in Intervention California
Sportfishing Protection Alliance, et al.

STIPULATION AND ORDER TO DISMISS FIRST AMENDED COMPLAINT WITH PREJUDICE

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Dated: February 27, 2012

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ROBERT D. THORNTON
PAUL S. WEILAND
HENRY S. WEINSTOCK
BENJAMIN Z. RUBIN
NOSSAMAN LLP

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By:
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/s/ Paul S. Weiland, Esquire
Paul S. Weiland

Attorneys for Plaintiffs
Coalition for a Sustainable Delta, Belridge Water Storage
District, Berrenda Mesa Water District, Lost Hills Water
District, Wheeler Ridge-Maricopa Water Storage District,
and Dee Dillon

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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED

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that the Plaintiffs' First Amended Complaint be dismissed with prejudice, with each party to pay their

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own attorneys' fees and costs and expert witness fees and costs.

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IT IS SO ORDERED.

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Dated:

February 28, 2012

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

b9ed48bb

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STIPULATION AND ORDER TO DISMISS FIRST AMENDED COMPLAINT WITH PREJUDICE

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