California Sportfishing Protection Alliance v. MCM Construction, Inc.

Filing 32

ORDER signed by Judge John A. Mendez on 6/3/2015 DISMISSING all claims against MCM Construction, Inc. CASE CLOSED. (Michel, G.)

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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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EASTERN DISTRICT OF CALIFORNIA

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

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vs.

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

MCM CONSTRUCTION, INC., a
corporation,

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Case No. 2:13-cv-00847-JAM-EFB

Defendant.

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WHEREAS, on January 25, 2013, Plaintiff California Sportfishing Protection Alliance

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(“CSPA”) provided Defendant MCM Construction, Inc. (“MCM”) with a Notice of Violations and
Intent to File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365.
WHEREAS, on April 30, 2013, CSPA filed its Complaint against MCM in this Court,

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California Sportfishing Protection Alliance v. MCM Construction, Inc., Case No. 2:13-cv-00847JAM-EFB. Said Complaint incorporates by reference all of the allegations contained in CSPA’s
Notice.
WHEREAS, CSPA and MCM, through their authorized representatives and without either
adjudication of CSPA’s claims or admission by MCM 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
Stipulation To Dismiss Plaintiff’s Claims;
[Proposed] Order Granting Dismissal

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Case No. 2:13-cv-00847-JAM-EFB

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and Complaint, thereby avoiding the costs and uncertainties of further litigation.
WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt

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

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

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

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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 the Notice and Complaint, be dismissed. The parties

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respectfully request an order from this Court dismissing such claims.

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Dated: June 3, 2015

Respectfully submitted,

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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

HARRISON TEMBLADOR HUNGERFORD & JOHNSON

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By:

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_Sean K. Hungerford (as authorized on 6/3/15) __
Sean K. Hungerford
Attorneys for Defendant
MCM Construction, Inc.

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

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Case No. 2:13-cv-00847-JAM-EFB

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

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claims against Defendant MCM Construction, Inc., as set forth in the Notice and Complaint filed in

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Case No. 2:13-cv-00847-JAM-EFB, are hereby dismissed.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 6/3/2015

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/s/ John A. Mendez_____________
Judge John A. Mendez
United States District Court Judge

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

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Case No. 2:13-cv-00847-JAM-EFB