California Sportfishing Protections Alliance v. The Scotts Company, LLC

Filing 21

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 12/18/15: The Court shall retain jurisdiction over the Parties for the sole purposes of resolving disputes under the Settlement Agreement through and including April 1, 2016, or unless a further order issues before that date. (Kaminski, H)

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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

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

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Plaintiff,
v.

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND TERMINATION DATE OF
SETTLEMENT AGREEMENT

THE SCOTTS COMPANY LLC, a
corporation,

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

Defendant.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendant The Scotts
Company LLC (“Defendant”) (collectively, the “Parties”) stipulate as follows:
WHEREAS, on or about January 4, 2013, CSPA and Defendant entered into a “Settlement
Agreement and Mutual Release of Claims” (hereinafter, “Settlement Agreement”) resolving all
issues in this litigation arising under Section 505 of the Federal Water Pollution Control Act (“Act”
or “Clean Water Act”), 33 U.S.C. § 1365; and
WHEREAS, on March 14, 2013, based on the Settlement Agreement and following receipt
of notice from the Department of Justice that it had no objection to the Settlement Agreement, the
Court entered its Order Granting Dismissal of this action; and

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________________________________________________________________________________
STIPULATION TO EXTEND TERMINATION DATE OF SETTLEMENT AGREEMENT; [Proposed] ORDER
CASE NO. 2:12-cv-00973-GEB-DAD
F:\Scotts Co NPDES Issue\CA Sports Fishing Protection Alliance
(SqPB)\2015 12 17 Stip to Extend Termination Date of Settlement

WHEREAS, the Court’s order provides that it shall retain jurisdiction Order of Dismissal

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stated that the Court shall retain jurisdiction over the Parties through December 8, 2015 for the sole

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purpose of resolving any disputes between the Parties with respect to the enforcement of any

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provisions of the Settlement Agreement attached to the Parties’ Stipulation to Dismiss as Exhibit A;

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and;

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WHEREAS, the Settlement Agreement provides that it terminates on December 18, 2015;

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WHEREAS, due to circumstances beyond its control, Defendant is unable to meet certain

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of the deadlines set forth in the Settlement Agreement. The Parties expect to resolve these issues

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through an agreement to amend the Settlement Agreement;

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the
Parties that:
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Parties shall continue to negotiate in good faith an amendment to the Settlement

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Agreement that will resolve the issues that have arisen between the Parties. The Parties expect to

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reach agreement on the amended Settlement Agreement within the next sixty (60) days, and will

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advise the Court when the amendment has been negotiated and will file such amendment with the
Court; and
2.

Pending the filing of an amended Settlement Agreement with the Court, the Parties

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agree to extend the termination date of the Settlement Agreement from December 18, 2015 through
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and including April 1, 2016; and
3.

The Parties request that the Court retain jurisdiction over this matter through and

including April 1, 2016.

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________________________________________________________________________________
STIPULATION TO EXTEND TERMINATION DATE OF SETTLEMENT AGREEMENT; [Proposed] ORDER
CASE NO. 2:12-cv-00973-GEB-DAD
F:\Scotts Co NPDES Issue\CA Sports Fishing Protection Alliance
(SqPB)\2015 12 17 Stip to Extend Termination Date of Settlement

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Dated: December 17, 2015

LOZEAU DRURY LLP

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By:

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/s/ Douglas J. Chermak

Douglas J. Chermak
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

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Dated: December 17, 2015

SQUIRE PATTON BOGGS (US) LLP

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/s/ Chris Amantea (as approved on 12/18/15)

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By:

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Chris Amantea
Attorneys for Defendant
THE SCOTTS COMPANY, LLC

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________________________________________________________________________________
STIPULATION TO EXTEND TERMINATION DATE OF SETTLEMENT AGREEMENT; [Proposed] ORDER
CASE NO. 2:12-cv-00973-GEB-DAD
F:\Scotts Co NPDES Issue\CA Sports Fishing Protection Alliance
(SqPB)\2015 12 17 Stip to Extend Termination Date of Settlement

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ORDER

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Since the Parties having stipulated and agreed,
IT IS HEREBY ORDERED that the Court shall retain jurisdiction over the Parties for the sole
purposes of resolving disputes under the Settlement Agreement through and including April 1,
2016, or unless a further order issues before that date.

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Dated: December 18, 2015

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________________________________________________________________________________
STIPULATION TO EXTEND TERMINATION DATE OF SETTLEMENT AGREEMENT; [Proposed] ORDER
CASE NO. 2:12-cv-00973-GEB-DAD
F:\Scotts Co NPDES Issue\CA Sports Fishing Protection Alliance
(SqPB)\2015 12 17 Stip to Extend Termination Date of Settlement