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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BENJAMIN B. WAGNER
United States Attorney
SYLVIA QUAST
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and SAN
JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT,

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STIPULATION FOR LEAVE OF
COURT TO FILE SECOND
AMENDED COMPLAINT AND
ORDER

Plaintiffs,

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Case No. 2:11-CV-00590-EFB

v.
FORWARD, INC.,

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Defendant.

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WHEREAS during the course of discovery, the Plaintiffs learned of facts that they believe

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form the basis for violations beyond those alleged in the First Amended Complaint on file with the

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Court (Docket # 6);

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WHEREAS the Plaintiffs have prepared a proposed Second Amended Complaint, attached
hereto as Exhibit A, which encompasses the recently discovered alleged violations;

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WHEREAS the parties to this action have now arrived at a settlement of this action that is

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embodied in the Proposed Consent Decree filed today and that by its terms encompasses the alleged

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violations in the proposed Second Amended Complaint as well as those already included in the First

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Amended Complaint;

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//

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Stipulation To File Second Amended Complaint

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NOW THEREFORE the parties jointly request that the Court grant leave to the Plaintiffs to

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file the proposed Second Amended Complaint.

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DATED: March 29, 2012

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BENJAMIN B. WAGNER
United States Attorney
/s/ Sylvia Quast
SYLVIA QUAST
Assistant U.S. Attorney
Attorneys for Plaintiff United States of America

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DATED: March 29, 2012

SAN JOAQUIN VALLEY UNIFIED
AIR POLLUTION CONTROL DISTRICT

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/s/ Catherine T. Redmond
Catherine T. Redmond
District Counsel
Attorneys for Plaintiff San Joaquin Valley
Unified Air Pollution Control District

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DATED: March 29, 2012

LAW OFFICES OF THOMAS M. BRUEN
A Professional Corporation

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/s/ Thomas M. Bruen
THOMAS M. BRUEN
Attorneys for Defendant Forward, Inc.

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ORDER

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In light of the foregoing stipulation, leave to file the Second Amended Complaint attached as
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Exhibit A to the stipulation, is hereby granted.

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IT IS SO ORDERED.

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DATED: March 29, 2012.

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Stipulation To File Second Amended Complaint

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