California Sportfishing Protection Alliance v. A&S Metals of Los Banos, Inc. et al

Filing 35

STIPULATION to DISMISS Plaintiff's Claims With Prejudice; ORDER GRANTING DISMISSAL With Prejudice [FRCP 41(a)(2)], signed by District Judge Lawrence J. O'Neill on 8/27/12. (CASE CLOSED)(Hellings, J)

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ANDREW L. PACKARD (State Bar No. 168690)
ERIK ROPER (State Bar No. 259756)
EMILY J. BRAND (State Bar No. 267564)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N Ste 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
ROBERT J. TUERCK (State Bar No. 255741)
Jackson & Tuerck
P.O. Box 148
429 W. Main Street, Suite C
Quincy, California 95971
Tel: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non profit
corporation,

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vs.

Plaintiff,

A&S METALS OF LOS BANOS, INC., a
California corporation; and, STANLEY
G. SILVA, JR., an individual,

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Case No. 1:11-CV-01878-LJO-DLB
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS WITH
PREJUDICE; ORDER
GRANTING DISMISSAL WITH
PREJUDICE [FRCP 41(a)(2)]

Defendants.

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TO THE COURT:
Plaintiff California Sportfishing Protection Alliance (“PLAINTIFF” or “CSPA”), and

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SGS Recycling Enterprises, Inc., erroneously sued as “A&S Metals of Los Banos, Inc.” and doing
business as “A&S Metals,” and Stanley G. Silva, Jr. (collectively “DEFENDANTS”), Parties in
the above-referenced matter, stipulate as follows:
WHEREAS, on or about June 29, 2011, CSPA provided DEFENDANTS with a Notice

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STIPULATION TO DISMISS WITH PREJUDICE;
ORDER
927112.1

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CASE NO. 1:11-CV-01878-LJO-DLB

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of Violations and Intent to File Suit (“60-Day Notice Letter”) under Section 505 of the Federal

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Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;
WHEREAS, on August 31, 2011, CSPA filed its Complaint against DEFENDANTS in

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this Court, California Sportfishing Protection Alliance v. A&S Metals of Los Banos, Inc., et al.; (USDC,

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E.D. Cal., Case No. 1:11-cv-01878-LJO-DLB) and said Complaint incorporated by reference all of

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the allegations contained in CSPA’s 60-Day Notice Letter;

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WHEREAS, CSPA and DEFENDANTS, through their authorized representatives and

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without either adjudication of CSPA’s claims or admission by DEFENDANTS of any alleged

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violation or other wrongdoing, have chosen to resolve in full by way of settlement the allegations

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of CSPA as set forth in CSPA’s 60-Day Notice Letter and Complaint, thereby avoiding the costs

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and uncertainties of further litigation. A copy of the Parties’ proposed settlement agreement

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(“Settlement Agreement”) entered into by and between CSPA and DEFENDANTS is attached

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hereto as Exhibit A and incorporated by reference.
WHEREAS, CSPA submitted the Settlement Agreement via certified mail, return receipt

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requested, to the U.S. EPA and the U.S. Department of Justice (“the agencies”) and the 45-day

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review period set forth at 40 C.F.R. § 135.5 has been completed without objection by the

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agencies.
NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between

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the Parties that CSPA’s claims, as set forth in its 60-Day Notice Letter and Complaint, be

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dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties

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respectfully request an order from this Court dismissing such claims with prejudice. In

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accordance with Paragraph 8 of the Consent Agreement, the Parties also request that this Court

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retain and have jurisdiction over the Parties through July 2, 2016, for the sole purpose of

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resolving any disputes between the parties with respect to enforcement of any provision of the

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Settlement Agreement.

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STIPULATION TO DISMISS WITH PREJUDICE;
ORDER
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927112.1

CASE NO. 1:11-CV-01878-LJO-DLB

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Dated:

LAW OFFICES OF ANDREW L. PACKARD

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By:__/s/ __Emily J. Brand_____________________
Emily J. Brand
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

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Dated:

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CASTELLON & FUNDERBURK, LLP
By:_/s/____________________________________
William Funderburk
(As authorized on X, 2012 – L.R. 131)
Attorneys for Defendants
A&S METALS OF LOS BANOS, INC., et al.

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STIPULATION TO DISMISS WITH PREJUDICE;
ORDER
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927112.1

CASE NO. 1:11-CV-01878-LJO-DLB

ORDER

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Good cause appearing, and the Parties having stipulated and agreed,

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IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance’s
claims against Defendants A&S METALS OF LOS BANOS, INC. and STANLEY G. SILVA,
JR. as set forth in CSPA’s 60-Day Notice Letter and Complaint filed in Case No. 1:11-CV01878-LJO-DLB, are hereby dismissed with prejudice, each side to bear their own attorney fees
and costs, except as provided for by the terms of the accompanying Settlement Agreement.
IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the
Parties with respect to disputes arising under the Consent Agreement attached to the Parties’
Stipulation to Dismiss as Exhibit A.

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IT IS SO ORDERED.

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Dated:

August 27, 2012

/s/ Lawrence J. O’Neill

UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

b2e55c0d

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STIPULATION TO DISMISS WITH PREJUDICE;
ORDER
927112.1

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CASE NO. 1:11-CV-01878-LJO-DLB