California Sportfishing Protection Alliance v. United Rentals, Inc. et al

Filing 20

STIPULATION and ORDER signed by Judge John A. Mendez on 1/23/2013 DISMISSING, with prejudice, Plaintiff's claims against Defendants United Rentals, Inc, United Rentals Northwest, Inc., United Rentals (North America), Inc.; ORDERING each side to bear their own attorney fees and costs, except as provided for by the terms of the Consent Agreement; ORDERING that the Court shall retain jurisdiction over the Parties with respect to disputes arising under the Consent Agreement. CASE CLOSED. (Michel, G)

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ANDREW L. PACKARD (State Bar No. 168690)
ERIK ROPER (State Bar No. 259756)
EMILY J. BRAND (State Bar No. 267564)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N Ste 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

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non profit
corporation,
Plaintiff,

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vs.
UNITED RENTALS, INC., a Delaware
corporation; UNITED RENTALS
NORTHWEST, INC., an Oregon corporation;
UNITED RENTALS (NORTH AMERICA),
INC., a Delaware corporation; GREG
AGUILERA, an individual; MICHAEL
GREGORY, an individual; SEAN
SPAINHOUR, an individual; STEVE
MCFARLAND, an individual; DON
HOLLIDAY, an individual; JAMES
GARCIA, an individual; TERRY WHITE, an
individual; and GRANT ZOLDOWSKI, an
individual,

Case No. 2:12-CV-00922-JAM-EFB
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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TO THE COURT:

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Plaintiff California Sportfishing Protection Alliance (“PLAINTIFF” or “CSPA”), and
Defendants United Rentals, Inc. (“URI”), United Rentals Northwest, Inc. (“URNW”) and United
Rentals (North America), Inc. (collectively, “DEFENDANTS”), Parties in the above-referenced
matter, stipulate as follows:

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:12-CV-00922-JAM-EFB

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WHEREAS, on or about February 8, 2012, CSPA provided DEFENDANTS with a

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Notice of Violations and Intent to File Suit (“60-Day Notice Letter”) under Section 505 of the

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Federal Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;

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WHEREAS, on April 9, 2012, CSPA filed its Complaint against DEFENDANTS in this

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Court, California Sportfishing Protection Alliance v. United Rentals, Inc., et al. (USDC, E.D.

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Cal., Case No. 2:12-CV-00922-JAM-EFB) and said Complaint incorporated by reference all of

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the allegations contained in CSPA’s 60-Day Notice Letter;

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WHEREAS, CSPA and DEFENDANTS, through their authorized representatives and

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without either adjudication of CSPA’s claims or admission by DEFENDANTS of any alleged

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violation or other wrongdoing, have chosen to resolve in full by way of settlement the allegations

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of CSPA as set forth in CSPA’s 60-Day Notice Letter and Complaint, thereby avoiding the costs

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and uncertainties of further litigation. A copy of the Parties’ proposed settlement agreement

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(“Consent Agreement”) entered into by and between CSPA and DEFENDANTS is attached

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hereto as Exhibit A and incorporated by reference.

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WHEREAS, CSPA submitted the Consent Agreement via certified mail, return receipt

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requested, to the U.S. EPA and the U.S. Department of Justice (“the agencies”) and the 45-day

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review period set forth at 40 C.F.R. § 135.5 has been completed without objection by the

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agencies.

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between

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the Parties that CSPA’s claims, as set forth in its 60-Day Notice Letter and Complaint, be

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dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties

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respectfully request an order from this Court dismissing such claims with prejudice. In

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accordance with Paragraph 8 of the Consent Agreement, the Parties also request that this Court

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retain and have jurisdiction over the Parties through January 17, 2016, for the sole purpose of

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resolving any disputes between the parties with respect to enforcement of any provision of the

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Consent Agreement.

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:12-CV-00922-JAM-EFB

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Dated: January 22, 2013

LAW OFFICES OF ANDREW L. PACKARD

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By:__/s/ __Emily J. Brand__________________
Emily J. Brand
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

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Dated: January 22, 2013

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DOWNEY BRAND LLP
By:__/s/ Gregory Broderick____________________
Gregory Broderick
Attorneys for Defendants
UNITED RENTALS, INC., et al.

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:12-CV-00922-JAM-EFB

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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 Alliance’s
claims against Defendants United Rentals, Inc. (“URI”), United Rentals Northwest, Inc.
(“URNW”) and United Rentals (North America), Inc. as set forth in CSPA’s 60-Day Notice
Letter and Complaint filed in Case No. 2:12-CV-00922-JAM-EFB, are hereby dismissed with
prejudice, each side to bear their own attorney fees and costs, except as provided for by the terms
of the accompanying Consent Agreement.

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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 Dismiss as Exhibit A.

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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Dated: 1/23/2013

/s/ John A. Mendez_____________
United States District Court Judge

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STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER
927112.1

CASE NO. 2:12-CV-00922-JAM-EFB

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