Edwards et al v. The City of Colfax

Filing 42

ORDER signed by Judge Garland E. Burrell, Jr on 01/22/09 GRANTING 39 Stipulation To Dismiss. This action is DISMISSED with prejudice. CASE CLOSED. (Streeter, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Daniel Cooper (Bar No. 153576) Layne Friedrich (Bar No. 195431) LAWYERS FOR CLEAN WATER, INC. 1004 O'Reilly Avenue San Francisco, California 94129 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Lynne Saxton (Bar No. 226210) ENVIRONMENTAL LAW FOUNDATION 1736 Franklin St 9th Fl Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs Allen and Nancy Edwards and Environmental Law Foundation Donald B. Mooney (Bar No. 153721) LAW OFFICE OF DONALD B. MOONEY 129 C Street, Suite 2 Davis, CA 95616 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Plaintiffs Allen and Nancy Edwards UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ALLEN EDWARDS, an individual; NANCY EDWARDS, an individual; and ENVIRONMENTAL LAW FOUNDATION, a non-profit organization, Plaintiffs, v. THE CITY OF COLFAX, a municipal corporation, Defendant.
Dismissal; [Proposed] Order; Settlement Agreement 1 Case No. 2:07-CV-02153 GEB (EFB)

Civil Case No.: 2:07-CV-02153-GEB-EFB STIPULATION TO DISMISS PLAINTIFFS' CLAIMS WITH PREJUDICE; SETTLEMENT AGREEMENT; ORDER;

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs Allen Edwards, Nancy Edwards, and Environmental Law Foundation (collectively "Plaintiffs") and Defendant the City of Colfax ("Colfax") by and through their attorneys of record, hereby enter into this stipulation, dismissal with prejudice, and settlement agreement. WHEREAS, Plaintiffs and Defendant (the "Parties") have entered into a settlement agreement ("Settlement Agreement" or "Agreement") that achieves a full and final settlement of all Plaintiffs' claims against Defendant as set forth in Civil Case No. 2:07-CV-02153 GEB (EFB) (hereinafter "Complaint"); WHEREAS, a copy of the Agreement is incorporated herein and attached as Exhibit A to this stipulated dismissal and order; NOW THEREFORE, the Parties jointly stipulate as follows: 1. All claims alleged in Plaintiffs' Complaint against Colfax as set forth in Civil Case No.

2:07-CV-02153 GEB (EFB) are dismissed with prejudice. 2. The Parties respectfully request that the Honorable Edmund F. Brennan retain jurisdiction

over Civil Case No. 2:07-CV-02153 GEB (EFB) for the purpose of resolving any disputes between the Parties with respect to enforcement of any provision of the terms of the Agreement. Dated: November ___, 2008 LAWYERS FOR CLEAN WATER, INC.

By: Daniel Cooper Layne Friedrich Attorneys for Plaintiffs

DOWNEY BRAND LLP

By: Melissa Thorme Nicole Granquist Attorneys for Defendant
Dismissal; [Proposed] Order; Settlement Agreement 2

____

Case No. 2:07-CV-02153 GEB (EFB)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Dismissal; [Proposed] Order; Settlement Agreement

ORDER Based on the above stipulation of the Parties, IT IS HEREBY ORDERED that Plaintiffs' claims against Defendant as set forth in Civil Case No. 2:07-CV-02153 GEB (EFB) are dismissed with prejudice. IT IS FURTHER ORDERED that the District Court, through Magistrate Brennan, shall retain jurisdiction over Civil Case No. 2:07-CV-02153 GEB (EFB) for the sole purpose of enforcing compliance by the Parties with the terms of the Agreement attached as Exhibit A to the Parties' Stipulation to Dismiss with Prejudice.

IT IS SO ORDERED. 1/22/09

GARLAND E. BURRELL, JR. United States District Judge

3

Case No. 2:07-CV-02153 GEB (EFB)