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

Filing 20

STIPULATION and ORDER signed by Judge William B. Shubb on 7/21/11 DISMISSING this case with prejudice. The court shall retain and have jurisdiction over the parties with respect to disputes. CASE CLOSED. (Donati, J)

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ANDREW L. PACKARD (State Bar No. 168690)
ERIK ROPER (State Bar No. 259756)
HALLIE B. ALBERT (State Bar No. 258737)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N Ste 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
ROBERT J. TUERCK (State Bar No. 255741)
Jackson & Tuerck
P. O. Box 148
429 W. Main Street, Suite C
Quincy, CA 95971
Tel: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non profit
corporation,
Plaintiff,

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vs.
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ANDERSON LANDFILL, INC., a Delaware
corporation, USA WASTE OF
CALIFORNIA, INC., a Delaware
corporation, and MIKE RIVERA, an
individual,

Case No. 2:10-CV-00831-WBS-DAD
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS WITH
PREJUDICE; [PROPOSED] ORDER
GRANTING DISMISSAL WITH
PREJUDICE [FRCP 41(a)(2)]

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Defendants.

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TO THE COURT:

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Plaintiff California Sportfishing Protection Alliance (“Plaintiff” or “CSPA”), and

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Defendants Anderson Landfill, Inc. (“ALI”), USA Waste of California, Inc. (“USAWCI”), and

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Mr. Mike Rivera (“Defendants”) (collectively, the “Parties”) stipulate as follows:
STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:10-CV-00831-WBS-DAD

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WHEREAS, on or about February 5, 2010, CSPA provided Defendants with a Notice of
Violations and Intent to File Suit (“CWA Notice Letter”) under Section 505 of the Federal Water
Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;

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WHEREAS, on or about September 16, 2010, Plaintiff provided notice of Defendant
ALI’s and Defendant USAWCI’s alleged violations of California Health & Safety Code Section
25249.5 (also referred to as “Proposition 65”) (“Proposition 65 Notice Letter”) and of its intention
to file suit against Defendants ALI and USAWCI 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 Defendant ALI’s and Defendant USAWCI’s alleged violations of Proposition 65;
and, to Defendants ALI and USAWCI, as required by California Health & Safety Code Section
25249.5 et seq.;

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WHEREAS, on April 7, 2010, CSPA filed its initial Complaint against Defendants in this
Court, California Sportfishing Protection Alliance v. Anderson Landfill, Inc., et al (USDC, E.D.
Cal., Case No. 2:10-CV-00831-WBS-DAD), and CSPA filed a First Amended Complaint
pursuant to stipulation on November 22, 2010 (“Complaint”) and said Complaint incorporated by
reference all of the allegations contained in CSPA’s CWA Notice Letter and Proposition 65
Notice Letter;

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WHEREAS, CSPA and Defendants, through their authorized representatives and without
either adjudication of CSPA’s claims or admission by Defendants of any alleged violation or
other wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as
set forth in CSPA’s CWA Notice Letter, Proposition 65 Notice Letter, and Complaint, thereby
avoiding the costs and uncertainties of further litigation. A copy of the agreement (“Consent
Agreement”) entered into by and between CSPA and Defendants is attached hereto as Exhibit A
and incorporated by reference;

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WHEREAS, CSPA both electronically filed the Consent Agreement through the
California Attorney General’s Proposition 65 Enforcement Reporting website and further

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:10-CV-00831-WBS-DAD

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submitted the Consent Agreement via certified mail, return receipt requested, to the California
Attorney General pursuant to California Health & Safety Code § 25249.7(f) and 11 C.C.R. §§
3001(a) and 3003(b), and the California Attorney General has failed to inform the Parties of any
objection to the Consent Agreement;

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WHEREAS, CSPA submitted the Consent Agreement via certified mail, return receipt
requested, to the U.S. EPA and the U.S. Department of Justice (“the agencies”) and the 45-day
review period set forth at 40 C.F.R. § 135.5 has been completed without objection by the
agencies.

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between
the Parties that CSPA’s claims, as set forth in its CWA Notice Letter, Proposition 65 Notice
Letter, and Complaint, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure
41(a)(2). The Parties respectfully request an order from this Court dismissing such claims with
prejudice. In accordance with Clause 17 of the Consent Agreement, the Parties also request that
this Court retain and have jurisdiction over the Parties through September 30, 2013, for the sole
purpose of resolving any disputes between the Parties with respect to enforcement of any
provision of the Consent Agreement.

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Dated: July 8, 2011

LAW OFFICES OF ANDREW L. PACKARD

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By:__/s/_________________________________
Andrew L. Packard
Attorneys for Plaintiff
California Sportfishing Protection Alliance

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Dated: July 8, 2011

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REED SMITH LLP

By:__/s/_________________________________
John Lynn Smith
Attorneys for Defendants
Anderson Landfill, Inc., et al

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:10-CV-00831-WBS-DAD

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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 Anderson Landfill, Inc., USA Waste of California, Inc. and Mr. Mike
Rivera as set forth in Plaintiff’s Clean Water Act Notice Letter, Proposition 65 Notice Letter, and
Complaint filed in Case No. 2:10-CV-00831-WBS-DAD, are hereby dismissed with prejudice.

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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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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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Dated: July 21, 2011

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:10-CV-00831-WBS-DAD

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