California Sportfishing Protection v. Anderson Landfill Inc., et al

Filing 14

STIPULATION and ORDER signed by Judge William B. Shubb on 11/5/10 ORDERING: pltf is GRANTED to file its proposed first amended complaint on 11/20/10 or as soon thereafter as may be convenient for pltf, and dfts' response to the first amended complaint shall be filed no later than 21 days after the filing of pltf's first amended complaint. (Carlos, K)

California Sportfishing Protection v. Anderson Landfill Inc., et al

Doc. 14

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ANDREW L. PACKARD (State Bar No. 168690) ERIK M. ROPER (State Bar No. 259756) HALLIE B. ALBERT (State Bar No. 258737) Law Offices of Andrew L. Packard 100 Petaluma Boulevard N., Suite 301 Petaluma, CA 94952 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] ROBERT J. TUERK (State Bar No. 255741) Jackson & Tuerck P.O. Box 148 429 W. Main Street, Suite C Quincy, CA 95971 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE JOHN LYNN SMITH (State Bar No. 154657) JULIA C. BUTLER (State Bar No. 199133) Reed Smith LLP 101 Second Street, Suite 1800 San Francisco, CA 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendants ANDERSON LANDFILL, INC., USA WASTE OF CALIFORNIA, INC. and MIKE RIVERA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, vs. ANDERSON LANDFILL, INC., a Delaware corporation, USA WASTE OF CALIFORNIA, INC. a Delaware corporation, and MIKE RIVERA, an individual, Defendants. -1STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED FIRST AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON Dockets.Justia.com

Case No. 2:10-cv-00831-WBS-DAD STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON Judge: Hon. William B. Shubb

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WHEREAS, Plaintiff California Sportfishing Protection Alliance ("Plaintiff" or "CSPA") filed its Complaint in this action on April 7, 2010; WHEREAS, on or about September 16, 2010, Plaintiff provided notice of Defendant USA Waste of California, Inc.'s alleged violations of California Health & Safety Code Section 25249.5 (also referred to as "Proposition 65") ("Proposition 65 Notice"), and of its intention to file suit against Defendants Anderson Landfill, Inc. and USA Waste of California, Inc., to the Proposition 65 Enforcement Reporting section of the office of the California Attorney General ("California Attorney General"); the District Attorney of each California county containing sources of drinking water potentially impacted by Defendants Anderson Landfill, Inc. and USA Waste of California, Inc.'s violations of Proposition 65 as described in the Proposition 65 Notice; and, to Defendant USA Waste of California, Inc., as required by California Health & Safety Code Section 25249.5 et seq.; WHEREAS, the 60-day statutory notice period of the Proposition 65 Notice will expire on or about November 20, 2010; WHEREAS, Plaintiff has provided Defendants herein a proposed First Amended Complaint which adds a claim alleging that Defendants Anderson Landfill, Inc. and USA Waste of California, Inc.'s operation of the Facility has caused and continues to cause, the discharge of lead, lead compounds, mercury and mercury compounds to sources of drinking water in violation of Proposition 65; WHEREAS, the parties would like to avoid incurring the legal fees which will necessarily arise were Defendants to contest Plaintiff's filing of the proposed First Amended Complaint; WHEREAS, the parties agree that by entering into this Stipulation, Defendants are not waiving any defenses they may have with respect to any of the new allegations or claims in Plaintiff's First Amended Complaint; THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff California Sportfishing Protection Alliance and Defendants Anderson Landfill, Inc., USA Waste of California, Inc. and Mr. Mike Rivera, that Plaintiff shall be permitted to file its proposed First Amended Complaint on November 20, 2010, or as soon thereafter as may be convenient for Plaintiff. -2STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED FIRST AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON

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Defendants' response to the First Amended Complaint shall be filed no later than twenty-one days after the filing of Plaintiff's First Amended Complaint.

Dated: November 5, 2010

Respectfully submitted, LAW OFFICES OF ANDREW L. PACKARD By: /s/ Erik Roper______________ ERIK M. ROPER Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

Dated: November 5, 2010

REED SMITH LLP By: /s/ Julia Butler_______________ JULIA C. BUTLER Attorneys for Defendants ANDERSON LANDFILL, INC. USA WASTE OF CALIFORNIA, INC. and MIKE RIVERA

-3STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED FIRST AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON

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 Dated: November 5, 2010

ORDER Pursuant to Stipulation, it is ORDERED that (1) Plaintiff is granted leave to file its proposed First Amended Complaint on November 20, 2010, or as soon thereafter as may be convenient for Plaintiff; and, (2) Defendants' response to the First Amended Complaint shall be filed no later than twenty-one days after the filing of Plaintiff's First Amended Complaint. .

-4STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED FIRST AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON