United States of America et al v. Forward, Inc.

Filing 25

STIPULATION and ORDER 24 signed by Magistrate Judge Edmund F. Brennan on 3/29/2012 GRANTING plaintiff's leave to amend Complaint. (Marciel, M)

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1 2 3 4 BENJAMIN B. WAGNER United States Attorney SYLVIA QUAST Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2740 Facsimile: (916) 554-2900 5 Attorneys for the United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES OF AMERICA, and SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT, 13 STIPULATION FOR LEAVE OF COURT TO FILE SECOND AMENDED COMPLAINT AND ORDER Plaintiffs, 14 15 Case No. 2:11-CV-00590-EFB v. FORWARD, INC., 16 Defendant. 17 18 WHEREAS during the course of discovery, the Plaintiffs learned of facts that they believe 19 form the basis for violations beyond those alleged in the First Amended Complaint on file with the 20 Court (Docket # 6); 21 22 WHEREAS the Plaintiffs have prepared a proposed Second Amended Complaint, attached hereto as Exhibit A, which encompasses the recently discovered alleged violations; 23 WHEREAS the parties to this action have now arrived at a settlement of this action that is 24 embodied in the Proposed Consent Decree filed today and that by its terms encompasses the alleged 25 violations in the proposed Second Amended Complaint as well as those already included in the First 26 Amended Complaint; 27 // 28 // Stipulation To File Second Amended Complaint 1 1 NOW THEREFORE the parties jointly request that the Court grant leave to the Plaintiffs to 2 file the proposed Second Amended Complaint. 3 DATED: March 29, 2012 4 BENJAMIN B. WAGNER United States Attorney /s/ Sylvia Quast SYLVIA QUAST Assistant U.S. Attorney Attorneys for Plaintiff United States of America 5 6 7 8 9 DATED: March 29, 2012 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 10 /s/ Catherine T. Redmond Catherine T. Redmond District Counsel Attorneys for Plaintiff San Joaquin Valley Unified Air Pollution Control District 11 12 13 14 15 DATED: March 29, 2012 LAW OFFICES OF THOMAS M. BRUEN A Professional Corporation 16 /s/ Thomas M. Bruen THOMAS M. BRUEN Attorneys for Defendant Forward, Inc. 17 18 19 ORDER 20 In light of the foregoing stipulation, leave to file the Second Amended Complaint attached as 21 22 Exhibit A to the stipulation, is hereby granted. 23 IT IS SO ORDERED. 24 DATED: March 29, 2012. 25 26 27 28 Stipulation To File Second Amended Complaint 2

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