California Sportfishing Protection Alliance v. Dragon ESP Ltd

Filing 13

ORDER signed by District Judge Troy L. Nunley on 1/23/2015 ORDERING that 3/26/2015 is the date by which a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void must be filed. (Zignago, K.)

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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,

Case No. 2:14-cv-01380-TLN-AC
NOTICE OF SETTLEMENT; ORDER

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Plaintiff,
[L.R. 160 and FRCP 16]

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vs.

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DRAGON ESP LTD., a corporation.

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Defendant.

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PLEASE TAKE NOTICE pursuant to Local Rule 160(a) that the parties have reached a
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settlement resolving all claims in this action. The settlement is contingent upon the expiration of the
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federal agency 45-day review period.1
PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment

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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)).

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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.”
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NOTICE OF SETTLEMENT; ORDER

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Case No. 2:14-cv-01380-TLN-AC

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Such notice will be mailed to the agencies by January 30, 2015, at the very latest. The regulatory

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agencies’ review period will thus end by approximately March 26, 2015 (allowing forty-five days for

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agency review and approximately ten days for mailing time). If any of the reviewing agencies object

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to the proposed agreement, the parties would require additional time to meet and confer and attempt

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to resolve the agencies’ concerns.

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Local Rule 160(b) requires the Court to fix a date upon which the documents disposing of the

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action must be filed within 21 days of this notice absent good cause. Given the statutorily mandated

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45-day review period, good cause exists to set March 26, 2015, as the date by which a Stipulation for

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Approval of Settlement Agreement and Dismissal of Plaintiff’s Claims or a Notice that the

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settlement is null and void must be filed.

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Dated: January 23, 2015

Respectfully submitted,

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LOZEAU DRURY LLP
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By:
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__Douglas J. Chermak_________________
Douglas J. Chermak
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

IT IS SO ORDERED.

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Dated: January 23, 2015

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Troy L. Nunley
United States District Judge

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NOTICE OF SETTLEMENT; ORDER

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Case No. 2:14-cv-01380-TLN-AC