California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc. et al

Filing 323

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/17: Third Amended Complaint is hereby dismissed with prejudice, each side to bear their own attorney fees and costs, except as provided for by the terms of the Settlement Agreement. The Court shall retain and have jurisdiction over the Parties with respect to any disputes arising under the Settlement Agreement. (Kaminski, H)

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ANDREW L. PACKARD (State Bar No. 168690)
WILLIAM N. CARLON (State Bar No. 305739)
Law Offices of Andrew L. Packard
245 Kentucky Street, Suite B3
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE,

Case No. 2:10-cv-01207-TLN

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Plaintiff,

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vs.

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CHICO SCRAP METAL, INC. a California
corporation, GEORGE SCOTT, SR., an
individual, and GEORGE SCOTT,
SR.REVOCABLE INTER VIVOS TRUST,

STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS WITH
PREJUDICE; ORDER GRANTING
DISMISSAL WITH PREJUDICE [FRCP
41(a)(2)]

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Defendants.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendants Chico Scrap

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Metal, Inc., George Scott, Sr., as an individual, and the George Scott, Sr. Revocable Inter Vivos

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Trust in the above-captioned action, stipulate as follows:

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WHEREAS, CSPA and Defendants, through their authorized representatives have settled the

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case and a copy of the Settlement Agreement (“Settlement Agreement”) entered into by and between

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CSPA and Defendants is attached hereto as Exhibit A;
WHEREAS, CSPA has submitted the Settlement Agreement via certified mail, return receipt

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requested, to the U.S. Department of Justice (“DOJ”)and the DOJ has now filed their “Non-

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Opposition to Consent Judgment,” or the 45-day review period has expired without comment by the

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DOJ.

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the
-1STIPULATION RE DISMISSAL

Case No. 2:10-cv-01207-TLN

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Parties that CSPA’s claims, as set forth in its CWA 60-Day Notice Letters 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.
The Parties further request that this Court retain jurisdiction over the Parties and in
accordance with the terms of the Settlement Agreement, including paragraphs 10 and 16.

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Dated: _________, 2018

Respectfully submitted,

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LAW OFFICES OF ANDREW L. PACKARD
By: /s/ Andrew L. Packard
Andrew L. Packard
Attorneys for Plaintiff

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Dated: _________, 2018
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CANNATA O’TOOLE FICKES ALMAZAN
By: /s/ Therese Y. Cannata
Therese Y. Cannata
Attorneys for Defendants
ATTESTATION FOR E-FILING

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I hereby attest pursuant to Civil L.R. 5-1(i)(3) that I have obtained concurrence in the filing of
this document from the other Signatory prior to filing.

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Dated: _________, 2018

By: /s/ Andrew L. Packard

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-2STIPULATION RE DISMISSAL

Case No. 2:10-cv-01207-TLN

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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

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ALLIANCE (“CSPA”) claims against Defendants CHICO SCRAP METAL, INC., GEORGE

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SCOTT, SR., and the GEORGE SCOTT, SR. REVOCABLE INTER VIVOS TRUST, as set forth in

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CSPA’s CWA 60-Day Notice Letters and Third Amended Complaint, are hereby dismissed with

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prejudice, each side to bear their own attorney fees and costs, except as provided for by the terms of
the accompanying Settlement Agreement.
IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the Parties
with respect to any disputes arising under the Settlement Agreement and in accordance with the
terms of the Settlement Agreement, including paragraphs 10 and 16.
IT IS SO ORDERED.
Dated: April 16, 2018

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Troy L. Nunley
United States District Judge

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-3STIPULATION RE DISMISSAL

Case No. 2:10-cv-01207-TLN