California Sportfishing Protection Alliance v. Syar Concrete

Filing 13

ORDER signed by Judge John A. Mendez on 06/15/11 ORDERING that, pursuant to 12 Notice of Settlement, the parties shall either file a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void and a Joint Status Report by 08/08/11. (Benson, A.)

MICHAEL R. LOZEAU (State Bar No. 142893)
DOUGLAS J. CHERMAK (State Bar No. 233382)
Lozeau Drury LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone] (fax)
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
CHRISTOPHER J. CARR (State Bar No. 184076)
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Defendant
SYAR CONCRETE, LLC
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,

Case No. 2:10-cv-02192-JAM-GGH
NOTICE OF SETTLEMENT [L.R. 160]
AND ORDER TO EXTEND STATUS
CONFERENCE

vs.
SYAR CONCRETE, LLC., a corporation.
Defendant.

PLEASE TAKE NOTICE pursuant to Local Rule 160(a) that the parties have reached a
settlement resolving all claims in this action. A copy of that signed settlement agreement is attached
hereto as Exhibit 1. The settlement is contingent upon the expiration of the federal agency 45-day
review period.1

1

Title 33 of the United States Code, Section 1365(c) provides that “[n]o consent judgment shall entered in an

PDF created with pdfFactory trial version www.pdffactory.com

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 June 15, 2011. The regulatory agencies’ review period
will end by approximately August 8, 2011 (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.
Local Rule 16-160(b) requires the parties to file a stipulation for dismissal with the Court
within 20 days of this notice, “absent good cause.” Given the statutorily mandated 45-day review
period, the parties submit that good cause exists to set August 8, 2011, as the date by which a
Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff’s Claims or a Notice that
the settlement is null and void with a Joint Status Report must be filed. The parties note that they
have not yet filed a joint status report because of the imminent prospect for settlement.
Dated: June 15, 2011

Respectfully submitted,
LOZEAU DRURY LLP

By:

__Douglas J. Chermak_________________
Douglas J. Chermak
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

By:

_Christopher J. Carr (as authorized on 6/15/11) _______
Christopher J. Carr
Attorney for Defendant
SYAR CONCRETE, LLC

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.”

PDF created with pdfFactory trial version www.pdffactory.com

ORDER
IT IS HEREBY ORDERED that the parties shall either file a Stipulation for Approval of Settlement
Agreement and Dismissal of Plaintiff’s Claims or a Notice that the settlement is null and void and a
Joint Status Report by August 8, 2011.

Dated: 6/15/2011

/s/ John A. Mendez_______
Judge John A. Mendez
United States District Judge

PDF created with pdfFactory trial version www.pdffactory.com