California Sportfishing Protections Alliance v. The Scotts Company, LLC

Filing 15

STIPULATION and ORDER re SETTLEMENT 14 signed by Judge Garland E. Burrell, Jr on 1/3/2013 ORDERING all dates and hearings VACATED. The Court will retain jurisdiction over this matter for 120 days to allow CSPA to fulfill its duties under the settlement agreement. (Krueger, M)

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Michael R. Lozeau (SBN 142893)
[e-mail]
Richard Drury (SBN 163559)
Douglas J. Chermak (SBN 233382)
[e-mail]
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CALIFORNIA SPORTSFISHING
PROTECTION ALLIANCE
Belynda B. Reck (SBN 163561)
[e-mail]
HUNTON & WILLIAMS LLP
550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
THE SCOTTS COMPANY LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
CASE NO.: 2:12-CV-00973-GEB-DAD
PROTECTION ALLIANCE, a non-profit
corporation,
JOINT NOTICE REGARDING
Plaintiff,
SETTLEMENT AND REQUEST TO
RETAIN JURISDICTION; ORDER
v.
THE SCOTTS COMPANY LLC, a
corporation,
Defendant.

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JOINT NOTICE REGARDING SETTLEMENT AND REQUEST TO RETAIN JURISDICTION; ORDER
CASE NO.: 2:12-CV-00973-GEB-DAD

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NOTICE OF SETTLEMENT
Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendant

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The Scotts Company LLC (“Scotts”), (collectively referred to as the “Parties”), by and

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through their counsel of record, hereby notify the court pursuant to Local Rule 272

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that the Parties have reached a settlement in the above-entitled matter. The Parties

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hereby request that the Court vacate all pending due dates and hearings, including the

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deadline for Scotts to respond to CSPA’s Complaint, and retain jurisdiction over this

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case until the parties can fully document the settlement and CSPA can perform its

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duties under Section 505(c)(3) of the Clean Water Act, 33 U.S.C. § 1365(c)(3), and 40

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C.F.R. § 135.5, which require that the United States be given 45 days to review a

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proposed consent judgment in an action to which it is not a party. Upon the Parties’

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completion of their duties and within two weeks after said completion, the Parties will

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file with this Court a joint notice of dismissal to be signed by counsel for the Parties.

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Respectfully Submitted,
Dated: January 3, 2013

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HUNTON & WILLIAMS LLP

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By:

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/s/ Belynda B. Reck
Belynda B. Reck
Attorneys for Defendant
THE SCOTTS COMPANY LLC

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LOZEAU DRURY LLP

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By:

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/s/ Douglas J. Chermak
as authorized on December 26, 2012)
Douglas J. Chermak
Attorneys for Plaintiffs
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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JOINT NOTICE REGARDING SETTLEMENT AND REQUEST TO RETAIN JURISDICTION; ORDER
CASE NO.: 2:12-CV-00973-GEB-DAD

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ORDER

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Pursuant to the foregoing Stipulation, and good cause appearing, all dates and

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hearings are hereby vacated and the Court will retain jurisdiction over this matter for

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one hundred and twenty days time to allow CSPA to fulfill its duties under the

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settlement agreement.

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IT IS SO ORDERED.

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Date: 1/3/2013

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Sig nature-END:

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JOINT NOTICE REGARDING SETTLEMENT AND REQUEST TO RETAIN JURISDICTION; ORDER
CASE NO.: 2:12-CV-00973-GEB-DAD