California Sportfishing Protection Alliance v. El Dorado Irrigation District

Filing 7

STIPULATION and ORDER signed by Judge John A. Mendez on 5/26/2010 ORDERING 6 that defendants time to file a responsive pleading is EXTENDED to 8/5/2010; and that the time to file a joint status report shall be EXTENDED to and including 8/5/2010. (Reader, L)

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Michael Lozeau (Bar No. 142893) [e-mail] David Zizmor (Bar No. 255863) [e-mail] LOZEAU | DRURY LLP 1516 Oak Street, #216 Alameda, California 94501 Telephone: [phone] Facsimile: [phone] Daniel Cooper (Bar No. 153576) [e-mail] Samantha Williams (Bar No. 251344) samantha@ lawyersforcleanwater.com LAWYERS FOR CLEAN WATER, INC. 1004-A O'Reilly Avenue San Francisco, California 94129 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff California Sportfishing Protection Alliance UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a California non-profit corporation, Plaintiff, vs. EL DORADO IRRIGATION DISTRICT, a California irrigation district. Defendant. Case No. 2-10-CV-00235-JAM-JFM

NOTICE OF SETTLEMENT AND STIPULATION AND ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT AND FILE A JOINT STATUS REPORT
Judge: Hon. John A. Mendez

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT AND FILE A JOINT STATUS REPORT Case No. 2-10-CV-00235-JAM-JFM

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PLEASE TAKE NOTICE that the parties have reached a settlement resolving all claims in this action. The settlement is contingent upon the expiration of the federal agencies' 45-day review period required by the Federal Water Pollution Control Act, 33 U.S.C. § 1365(c)(2).1 PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment disposing of this action may be entered prior to 45 days following the receipt of the proposed settlement agreement by the United States Department of Justice and the national and Region IX offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 (requiring the parties to provide notice to the court of the 45-day agency review period under 33 U.S.C. § 1365(c)). Such notice was mailed to the agencies on May 26, 2010. The regulatory agencies' review period will end by approximately July 19, 2010 (allowing forty-five days for agency review and approximately nine days for mailing time). If any of the reviewing agencies object to the proposed agreement, the parties would require additional time to meet and confer and attempt to resolve the agencies' concerns. At the end of the 45-day review period, the parties will file either a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void. In light of the settlement agreement entered into by the parties and the need to await the conclusion of the agencies' 45-day review period, Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendant El Dorado Irrigation District ("EDID"), through their respective counsel, stipulate and agree as follows: WHEREAS, on January 28, 2010, CSPA filed its complaint in this action; WHEREAS, on January 29, 2010, the Court issued an Order Requiring Joint Status Report ("Order") requiring the parties to file a join status report within 60-days of service of the complaint and summons; WHEREAS, CSPA and EDID have been diligently engaged in settlement discussions since

Title 33 of the United States Code, Section 1365(c)(2) provides that "[n]o consent judgment shall be entered in an action in which the United States is not a party prior to 45-days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator."

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT AND FILE A JOINT STATUS REPORT Case No. 2-10-CV-00235-JAM-JFM

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prior to the filing of the complaint; WHEREAS, EDID waived service of the summons on April 1, 2010 and is required to file a responsive pleading to the complaint not later than June 1, 2010; WHEREAS, the Court's Order dated January 29, 2010, as revised by the minute order entered on May 26, 2010, requires the parties to file a joint status report not later than June 4, 2010; WHEREAS, the parties successfully completed and executed a Settlement Agreement on May 25, 2010; WHEREAS, on May 26, 2010, the parties submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and must now await the completion of the 45-day review period set forth at 40 C.F.R. § 135.5 and 33 U.S.C. § 1365(c)(2); WHEREAS, in the interests of efficiency and judicial economy, the parties wish to preserve costs incurred in this matter pending the agencies review of the executed settlement agreement; THEREFORE, IT IS HEREBY STIPULATED by and between CSPA and EDID, through their respective counsel of record, that EDID's time to file a responsive pleading to CSPA's complaint shall be extended to and including August 5, 2010. IT IS HEREBY FURTHER STIPULATED by and between CSPA and EDID, through their respective counsel of record, that the time to file a joint status report shall be extended to and including August 5, 2010. /// /// /// /// /// /// /// /// 2
NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT AND FILE A JOINT STATUS REPORT Case No. 2-10-CV-00235-JAM-JFM

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The parties respectfully request an order from this Court that both extends EDID's time to file a responsive pleading to CSPA's complaint and the time for the parties to file a joint status report through August 5, 2010. Dated: May 26, 2010 Respectfully submitted, LOZEAU DRURY LLP By: Michael R. Lozeau Michael R. Lozeau Attorney for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

DOWNEY BRAND LLP By: Nicole Granquist (as authorized on May 26, 2010) Nicole Granquist Attorney for Defendant EL DORADO IRRIGATION DISTRICT ORDER IT IS SO ORDERED.

Dated: May 26, 2010

/s/ John A. Mendez_____________ Honorable John A. Mendez United States District Court Judge

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT AND FILE A JOINT STATUS REPORT Case No. 2-10-CV-00235-JAM-JFM

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