California Sportfishing Protections Alliance v. The Scotts Company, LLC

Filing 18

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/14/13 ORDERING case DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that the Court shall retain jurisdiction over the parties through 12/8/15, for the sole purpose of enforcing compliance by the parties of the terms of the Settlement Agreement. CASE CLOSED. (Meuleman, A)

1
2
3
4
5
6

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

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

12

Plaintiff,

13
14

vs.

Case No. 2:12-cv-00973-GEB-DAD

STIPULATION TO DISMISS WITH
PREJUDICE PLAINTIFF’S CLAIMS;
[PROPOSED] ORDER GRANTING
DISMISSAL
[FRCP 41(a)(2)]

THE SCOTTS COMPANY LLC, a
corporation.

15
Defendant.
16
17
WHEREAS, on December 22, 2011, Plaintiff California Sportfishing Protection Alliance
18
19
20

(“CSPA”) provided Defendant The Scotts Company LLC (“TSC”) with a Notice of Violations and
Intent to File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365.
WHEREAS, on April 12, 2012, CSPA filed its Complaint against TSC in this Court,

21
22
23
24
25
26
27
28
29
30
31

California Sportfishing Protection Alliance v. The Scotts Company LLC, Case No. 2:12-cv-00973GEB-DAD. Said Complaint incorporates by reference all of the allegations contained in CSPA’s
Notice.
WHEREAS, CSPA and TSC, through their authorized representatives and without either
adjudication of CSPA’s claims or admission by TSC of any alleged violation or other wrongdoing,
have chosen to resolve in full by way of settlement the allegations of CSPA as set forth in the Notice
and Complaint, thereby avoiding the costs and uncertainties of further litigation. A copy of the
Stipulation to Dismiss Plaintiff’s Claims
[Proposed] Order Granting Dismissal

1

Case No. 2:12-cv-00973-GEB-DAD

1

Settlement Agreement and Mutual Release of Claims (“Settlement Agreement”), without the

2

attached exhibits, entered into by and between CSPA and TSC is attached hereto as Exhibit 1 and

3

incorporated by reference.

4

WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt

5

requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth

6

at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to the

7

Court indicating that they have no objection to the terms of the Settlement Agreement.

8
9

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the
parties that CSPA’s claims, as set forth in the Notice and Complaint, be dismissed with prejudice.

10

The parties respectfully request an order from this Court dismissing such claims. In accordance with

11

paragraph 2 of the Settlement Agreement, the parties also request that this Court maintain

12

jurisdiction over the parties through December 8, 2015, for the sole purpose of resolving any

13

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

14

Agreement.

15
16

Dated: March 12, 2013

17

Respectfully submitted,
LOZEAU DRURY LLP

18
19

By:

20
21
22

_/s/ Douglas J. Chermak_________________
Douglas J. Chermak
Attorney for Plaintiff California Sportfishing
Protection Alliance

HUNTON & WILLIAMS LLP

23
By:
24

/s/ Belynda Reck (as authorized on 3/12/13)
Belynda Reck
Attorney for Defendant The Scotts Company LLC

25
26
27
28
29
30
31

Stipulation to Dismiss Plaintiff’s Claims
[Proposed] Order Granting Dismissal

2

Case No. 2:12-cv-00973-GEB-DAD

1

ORDER

2
Good cause appearing, and the parties having stipulated and agreed,
3

IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance’s

4
claims against Defendant The Scotts Company LLC, as set forth in the Notice and Complaint filed in
5
Case No. 2:12-cv-00973-GEB-DAD, are hereby dismissed with prejudice.
6
IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through
7
December 8, 2015, for the sole purpose of enforcing compliance by the parties of the terms of the
8

Settlement Agreement, attached to the parties’ Stipulation to Dismiss as Exhibit 1.

9
10

PURSUANT TO STIPULATION, IT IS SO ORDERED.

11

Date: 3/14/2013

12
___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

13
14
15
16
DEAC_Signature-END:

17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

Stipulation to Dismiss Plaintiff’s Claims
[Proposed] Order Granting Dismissal

3

Case No. 2:12-cv-00973-GEB-DAD