California Sportfishing Protection Alliance v. Nor-Cal Beverage Company, Inc et al

Filing 15

STIPULATION and ORDER 14 for Dismissal signed by Judge John A. Mendez on 3/6/2014. Plaintiff California Sportfishing Protection Alliance's claims against defendants Nor-Cal Beverage Co. Inc., Jason Graviet, and Paul Orebaugh, as set forth in C SPA's 60-Day Notice Letter and Complaint, arehereby DISMISSED with prejudice. Each side shall bear their own attorney fees and costs, except as provided for by the terms of the accompanying Consent Agreement. IT IS FURTHER ORDERED that Court shall retain and have jurisdiction over parties with respect to disputes arising under Consent Agreement attached to parties Stipulation to Dismiss as Exhibit A until 1/1/2016. (Marciel, M)

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ANDREW L. PACKARD (State Bar No. 168690)

LAURIE A. MIKKELSEN (State Bar No. 260313)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
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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EASTER DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

Case No. 13-cv-00902-JAM-EFB

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Plaintiff,
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vs.

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NOR-CAL BEVERAGE CO. INC., a
California corporation, JASON GRAVIET,

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

and PAUL OREBAUGH,
Defendants.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendants in the
above-captioned action, stipulate as follows:

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WHEREAS, on or about March 4, 2013, CSPA provided Defendants with a Notice of

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Violations and Intent to File Suit (“60-Day Notice Letter”) under Section 505 of the Federal

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Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;

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WHEREAS, on May 8, 2013, CSPA filed its Complaint against Defendants in this

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Court, and said Complaint incorporated by reference all of the allegations contained in

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CSPA’s 60-Day Notice Letter;

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WHEREAS, CSPA and Defendants, through their authorized representatives and
without either adjudication of CSPA’s claims or admission by Defendants of any alleged
-1STIPULATION RE DISMISSAL

Case No. 13-cv-00902-JAM-EFB

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violation or other wrongdoing, have chosen to resolve in full by way of settlement the

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allegations of CSPA as set forth in CSPA’s 60-Day Notice Letter and Complaint, thereby

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avoiding the costs and uncertainties of further litigation. A copy of the Parties’ proposed

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consent agreement (“Consent Agreement”) entered into by and between CSPA and

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Defendants is attached hereto as Exhibit A and incorporated by reference;

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WHEREAS, CSPA has submitted the Consent Agreement via certified mail, return
receipt requested, to the U.S. EPA and the U.S. Department of Justice (“the agencies”) and
the 45-day review period set forth at 40 C.F.R. § 135.5 has now expired;
NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between

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the Parties that CSPA’s claims, as set forth in its 60-Day Notice Letter and Complaint, be
dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties
respectfully request an order from this Court dismissing such claims with prejudice. In

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accordance with Paragraph 18 of the Consent Agreement, the Parties also request that this

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Court retain and have jurisdiction over the Parties through January 1, 2016, for the sole

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

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provision of the Consent Agreement.

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Dated: March 6, 2014

Respectfully submitted,

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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: March 6, 2014

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KRONICK MOSCOVITZ TIEDEMANN & GIRARD
By: /s/ Eric Robinson_______
(As authorized by L.R. 131)
Attorneys for Defendants
NOR-CAL BEVERAGE CO. INC., JASON

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GRAVIET, and PAUL OREBAUGH
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-2STIPULATION RE DISMISSAL

Case No. 13-cv-00902-JAM-EFB

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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 Defendants NOR-CAL BEVERAGE CO. INC., JASON GRAVIET,
and PAUL OREBAUGH, 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

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as provided for by the terms of the accompanying Consent Agreement.
IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the
Parties with respect to disputes arising under the Consent Agreement attached to the Parties’
Stipulation to Dismiss as Exhibit A until January 1, 2016.
IT IS SO ORDERED.

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Dated: 3/6/2014

/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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-3STIPULATION RE DISMISSAL

Case No. 13-cv-00902-JAM-EFB