California Sportfishing Protection Alliance v. Beard

Filing 22

ORDER signed by Judge Garland E. Burrell, Jr on 5/1/2015 ORDERING 21 that Plaintiff CA Sportfishing Protection Alliances claims against Defendant Jeffrey Beard, in his official capacity as Secretary of the CDCR, as set forth in CSPA' 60-Day No tice Letter and Complaint, 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 Judgment; IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the Parties solely for the purpose of resolving disputes arising under the Consent Judgment attached to the Parties' Stipulation to Dismiss as Exhibit A until 9/30/2017. CASE CLOSED (Reader, L)

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ANDREW L. PACKARD (State Bar No. 168690)
MEGAN E. TRUXILLO (State Bar No. 275746)
JOHN J. PRAGER (State Bar No. 289610)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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vs.

Case No. 2:13-CV-00840-GEB-DAD
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS WITH
PREJUDICE; [PROPOSED] ORDER
GRANTING DISMISSAL WITH
PREJUDICE [FRCP 41(a)(2)]

JEFFREY BEARD, in his official capacity as
Secretary of the California Department of
Corrections and Rehabilitation,

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Defendant.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendant Jeffrey Beard,
in his official capacity as Secretary of the California Department of Corrections and Rehabilitation
(“Defendant”) in the above-captioned action, stipulate as follows:
WHEREAS, on or about February 8, 2013, CSPA provided Defendant with a Notice of

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Violations and Intent to File Suit (“60-Day Notice Letter”) under Section 505 of the Federal Water
Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;
WHEREAS, on April 29, 2013 CSPA filed its Complaint against Defendant in this Court,

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and said Complaint incorporated by reference all of the allegations contained in CSPA’s 60-Day

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Notice Letter;

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WHEREAS, CSPA and Defendant, through their authorized representatives and without
either adjudication of CSPA’s claims or admission by Defendant of any alleged violation or other
wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set forth
-1STIPULATION RE DISMISSAL

Case No. 2:13-CV-00840-GEB-DAD

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

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further litigation. A copy of the Parties’ proposed consent judgment (“Consent Judgment”) entered

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into by and between CSPA and Defendant is attached hereto as Exhibit A and incorporated by
reference;
WHEREAS, CSPA has submitted the Consent Judgment 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 now expired;

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

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

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

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an order from this Court dismissing such claims with prejudice. In accordance with Paragraph 16 of
the Consent Judgment, the Parties also request that this Court retain and have jurisdiction over the

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Parties through September 30, 2017, for the sole purpose of resolving any disputes between the
Parties arising under the Consent Judgment.
Dated: May 1, 2015

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Respectfully submitted,
LAW OFFICES OF ANDREW L. PACKARD

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By: /s/ Andrew L. Packard______________
Andrew L. Packard
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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Dated: May 1, 2015

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KAMALA D. HARRIS
Attorney General of California
GAVIN G.MCCABE
Supervising Deputy Attorney General
ELLYN S. LEVINSON
Deputy Attorney General
By: /s/ Daniel S. Harris, Esq. _______
DANIEL S. HARRIS
Attorneys for Defendant
Jeffrey Beard, in his official capacity as
Secretary of the California Department of
Corrections and Rehabilitation

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-2STIPULATION RE DISMISSAL

Case No. 2:13-CV-00840-GEB-DAD

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ORDER

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Good cause appearing, and the Parties having stipulated and agreed,
IT IS HEREBY ORDERED that Plaintiff CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE’s claims against Defendant JEFFREY BEARD, in his official
capacity as Secretary of the California Department of Corrections and Rehabilitation, as set forth in

CSPA’s 60-Day Notice Letter and Complaint, 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 Judgment.
IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the

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Parties solely for the purpose of resolving disputes arising under the Consent Judgment

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attached to the Parties’ Stipulation to Dismiss as Exhibit A until September 30, 2017.

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IT IS SO ORDERED.

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Dated: May 1, 2015

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-3STIPULATION RE DISMISSAL

Case No. 2:13-CV-00840-GEB-DAD