California Sportfishing Protection Alliance v. MCM Construction, Inc.
Filing
29
NTOICE OF SETTLEMENT AND ORDER signed by Judge John A. Mendez on 4/3/15. (Kastilahn, A)
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: (510) 836-4200
Fax: (510) 836-4203 (fax)
E-mail: michael@lozeaudrury.com
doug@lozeaudrury.com
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Case No. 2:13-cv-00847-JAM-EFB
NOTICE OF SETTLEMENT AND ORDER
Plaintiff,
[L.R. 160 and FRCP 16]
vs.
MCM CONSTRUCTION, INC., a California
corporation.
Defendant.
PLEASE TAKE NOTICE pursuant to Local Rule 160(a) that the parties have reached a
settlement resolving all claims in this action. The settlement is contingent upon the expiration of the
federal agency 45-day review period.1
PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment
disposing of this action may be entered prior to 45 days following the receipt of the proposed
settlement agreement by the United States Department of Justice and the national and Region IX
offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 (requiring the
parties to provide notice to the court of the 45-day agency review period under 33 U.S.C. § 1365(c)).
1
Title 33 of the United States Code, Section 1365(c) provides that “[n]o consent judgment shall entered in an
action in which the United States is not a party prior to 45-days following the receipt of a copy of the
proposed consent judgment by the Attorney General and the Administrator.”
Such notice will be mailed to the agencies by April 9, 2015, at the very latest. The regulatory
agencies’ review period will thus end by approximately June 3, 2015 (allowing forty-five days for
agency review and approximately ten days for mailing time). If any of the reviewing agencies
object to the proposed agreement, the parties would require additional time to meet and confer and
attempt to resolve the agencies’ concerns.
Local Rule 160(b) requires the Court to fix a date upon which the documents disposing of
the action must be filed within 21 days of this notice absent good cause. Given the statutorily
mandated 45-day review period, good cause exists to set June 3, 2015, as the date by which a
Stipulation for Dismissal of Plaintiff’s Claims or a Notice that the settlement is null and void must
be filed.
Dated: April 3, 2015
Respectfully submitted,
LOZEAU DRURY LLP
By:
__Douglas J. Chermak_________________
Douglas J. Chermak
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
IT IS SO ORDERED.
Dated: April 3, 2015
/s/ John A. Mendez____________
Judge John A. Mendez
United States District Court Judge
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