CA Sportfishing Protection Alliance v. City of Modesto

Filing 26

ORDER on Stipulation to Dismiss Plaintiff's Claims; GRANTING Dismissal, signed by District Judge Lawrence J. O'Neill on 12/27/13: The Clerk is DIRECTED to close this action. (CASE CLOSED)(Hellings, J)

1
2
3
4
5
6
7

SOMACH, SIMMONS & DUNN
A Professional Corporation
PAUL S. SIMMONS (SBN: 127920)
Email: [e-mail]
Kanwarjit S. Dua (SBN: 214591)
Email: [e-mail]
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for DEFENDANT CITY OF
MODESTO

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11

CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE, a non-profit corporation,

12
13
14

Plaintiff,
v.
CITY OF MODESTO, a municipality

15

Defendant.

CASE NO. 1:12-cv-02027-LJO-SKO
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS; ORDER
GRANTING DISMISSAL
[FRCP 41(a)(2)]
Judge: Lawrence J. O’Neill
U.S. District Judge

16
17

WHEREAS, on February 16, 2012, Plaintiff California Sportfishing Protection Alliance

18

(“CSPA”) provided Defendant City of Modesto (“Modesto”) with a Notice of Violations and

19

Intent to File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365 (Docket No. 1).

20

WHEREAS, on July 11, 2012, CSPA filed its Complaint against Modesto in this Court,

21

California Sportfishing Protection Alliance v. City of Modesto, Case No. 1:12-cv-02027-LJO-

22

SKO (Docket No. 1). Said Complaint incorporates by reference all of the allegations contained in

23

CSPA’s Notice.

24

WHEREAS, CSPA and Modesto, through their authorized representatives and without

25

either adjudication of CSPA’s claims or admission by Modesto of any alleged violation or other

26

wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set

27

forth in the Notice and Complaint, thereby avoiding the costs and uncertainties of further

28

litigation. A copy of the Settlement Agreement and Mutual Release of Claims (“Settlement

STIPULATION TO DISMISS PLAINTIFF’S CLAIMS; [PROPOSED] ORDERING GRANTING DISMISSAL

-1-

1

Agreement”) entered into by and between CSPA and Modesto is attached hereto as Exhibit A and

2

incorporated by reference.

3

WHEREAS, the parties submitted the Settlement Agreement via certified mail, return

4

receipt requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review

5

period set forth at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted

6

correspondence to the Court indicating that they have no objection to the terms of the Settlement

7

Agreement (Docket No. 24).

8

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

9

parties that CSPA’s claims, as set forth in the Notice and Complaint, be dismissed. The parties

SOMACH SIMMONS & DUNN
A Professional Corporation

10

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

11

paragraphs 25 and 8 of the Settlement Agreement, the parties also request that this Court maintain

12

jurisdiction over the parties through May 31, 2017, or through the conclusion of any proceeding

13

to enforce the Settlement Agreement, for the sole purpose of resolving any disputes between the

14

parties with respect to enforcement of any provision of the Settlement Agreement.

15
16
17

Dated: December 24, 2013

Respectfully submitted,
SOMACH SIMMONS & DUNN
A Professional Corporation

18
19
20
21

By: /s/ Kanwarjit S. Dua
Kanwarjit S. Dua
Attorneys for Defendant CITY OF MODESTO
LOZEAU DRURY LLP

22
23
24

By: /s/ Douglas J. Chermak (as authorized on 12/24/13)
Douglas J. Chermak
Attorneys for Plaintiff California Sportfishing Protection
Alliance

25
26
27
28

STIPULATION TO DISMISS PLAINTIFF’S CLAIMS; [PROPOSED] ORDERING GRANTING DISMISSAL

-2-

1

ORDER

2
3

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

4

IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance’s

5

claims against Defendant City of Modesto, as set forth in the Notice and Complaint filed in Case

6

No. 1:12-cv-020270-LJO-SKO, are hereby dismissed with prejudice.

7

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties

8

through May 31, 2017, or through the conclusion of any proceeding to enforce the Settlement

9

Agreement, for the sole purpose of enforcing compliance by the parties of the terms of the

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11

Settlement Agreement, attached to the parties’ Stipulation to Dismiss as Exhibit A.
The clerk is directed to close this action.

12
IT IS SO ORDERED.
13
14

Dated:

December 27, 2013

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION TO DISMISS PLAINTIFF’S CLAIMS; [PROPOSED] ORDERING GRANTING DISMISSAL

-3-