California Sportfishing Protection Alliance v. Northstate Recycling et al

Filing 15

STIPULATION and ORDER signed by Judge William B. Shubb on 5/5/11 ORDERING this Consent Agreement APPROVED and Judgment is entered in accordance therewith: Plaintiff California Sportfishing Protection Alliances claims against Northstate Recycling and William Short as set forth in the Clean Water Act Notice Letters and Complaint filed in Case No. 2:10CV01688 WBS EFB, are hereby DISMISSED with prejudice. 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 Approve Consent Agreement and Dismiss as Exhibit A. CASE CLOSED. (Carlos, K)

ROBERT J. TUERCK (Bar No. 255741)
Jackson & Tuerck
P.O. Box 148
429 W. Main Street, Suite C
Quincy, CA 95971
Tel: [phone]
E-mail: [e-mail]
ANDREW L. PACKARD (Bar No. 168690)
ERIK M. ROPER (Bar No. 259756)
HALLIE B. ALBERT (Bar No. 258737)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,
vs.
NORTHSTATE RECYCLING, a California
corporation, and WILLIAM SHORT, an
individual
Defendants.

Case No. 2:10−CV−01688-WBS −EFB
STIPULATION TO APPROVE
CONSENT AGREEMENT AND TO
DISMISS PLAINTIFF’S CLAIMS WITH
PREJUDICE; [PROPOSED] ORDER
APPROVING CONSENT AGREEMENT
AND GRANTING DISMISSAL WITH
PREJUDICE [FRCP 41(a)(2)]
(Federal Water Pollution Control Act,
33 U.S.C. §§ 1251 to 1387)

TO THE COURT:
Plaintiff California Sportfishing Protection Alliance (“PLAINTIFF” or “CSPA”), and
Defendants Northstate Recycling (“NORTHSTATE”) and William Short (“SHORT”),1
(collectively, the “Parties”) stipulate as follows:
1

Unless otherwise noted, NORTHSTATE and SHORT shall be referred to collectively herein as “DEFENDANTS.”

WHEREAS, on or about April 28, 2010, CSPA provided DEFENDANTS with a Notice
of Violations and Intent to File Suit (“60-Day Notice Letter”) under Section 505 of the Federal
Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;
WHEREAS, on July 1, 2010, CSPA filed its Complaint against DEFENDANTS in this
Court, California Sportfishing Protection Alliance v. Northstate Recycling, et al., (USDC, E.D.
Cal., Case No. 2:10−CV−01688-WBS −EFB) and said Complaint incorporated by reference all
of the allegations contained in CSPA’s 60-Day Notice Letter dated April 29, 2010;
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 avoid the costs and uncertainties of further
litigation and to resolve the allegations of CSPA as set forth in the Clean Water Act Notice
Letters and Complaint, in full by way of settlement. A copy of the agreement (“Consent
Agreement”) entered into by CSPA and DEFENDANTS is attached hereto as Exhibit A and
incorporated by this reference.
WHEREAS, the Parties 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.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED TO BY AND
BETWEEN THE PARTIES:
1.

That the Court be requested to approve the Consent Agreement attached hereto as

Exhibit A and enter judgment in therewith.
2.

That CSPA’s claims, as set forth in the Clean Water Act Notice Letters and First

Amended 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 Paragraph 16 of the Consent Agreement, the Parties also request
that this Court retain and have jurisdiction over the Parties in accordance with Paragraph 16 of

the Consent Agreement, the Parties also request that this Court retain and have jurisdiction over
the Parties in accordance with Paragraph 18 of the Consent agreement through September 30,
2014, for the sole purpose of resolving any disputes between the Parties with respect to
enforcement of any provision of the Consent Agreement.
DATED: May 4, 2011

JACKSON & TUERCK
/s/ Robert J. Tuerck
Robert J. Tuerck
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

DATED: May 4, 2011

WELLS, SMALL, FLEHARTY & WEIL
/s/Bartley S. Fleharty
Bartley S. Fleharty
Attorney for Defendants
NORTHSTATE RECYCLING AND
WILLIAM SHORT

ORDER
WHEREAS, the Parties have consented to entry of the foregoing Consent Agreement
and requested the Court’s approval and entry thereof; and
WHEREAS, pursuant to 33 U.S.C. § 1365(c)(3), the Parties submitted the Consent
Agreement to the United States Attorney General and the Administrator of the United States
Environmental Protection Agency and the 45-day review period has been completed without
objection by the agencies;
WHEREAS, the Court has reviewed the Consent Agreement and fully considered the
Parties’ request to enter this Consent Agreement as an order; and
WHEREAS, the Court finds the Consent Agreement to be: (1) fair, adequate and
reasonable; (2) consistent with applicable laws; and (3) protective of the public interest; and
WHEREAS, good cause appearing therefore,
1.

THIS CONSENT AGREEMENT IS HEREBY APPROVED AND JUDGMENT

IS ENTERED IN ACCORDANCE THEREWITH;
2.

Plaintiff California Sportfishing Protection Alliance’s claims against Northstate

Recycling and William Short as set forth in the Clean Water Act Notice Letters and Complaint
filed in Case No. 2:10−CV−01688−WBS−EFB, are hereby dismissed with prejudice.
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 Approve Consent Agreement and Dismiss as Exhibit A.
IT IS SO ORDERED.
Dated: May 5, 2011

3797991.1

UNITED STATES DISTRCIT COURT FOR THE
EASTERN DISTRICT COURT OF CALIFORNIA