California Sportfishing Protection Alliance v. Dragon ESP Ltd

Filing 16

STIPULATION and ORDER DISMISSING CASE with prejudice pursuant to FRCP 41(a)(2) signed by District Judge Troy L. Nunley on 3/27/15. CASE CLOSED. (Manzer, C)

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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.

Case No. 2:14-cv-01380-TLN-AC
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS; ORDER
GRANTING DISMISSAL WITH
PREJUDICE
[FRCP 41(a)(2)]

DRAGON ESP LTD., a corporation,
Defendant.

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WHEREAS, on March 27, 2014, Plaintiff California Sportfishing Protection Alliance

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(“CSPA”) provided Defendant Dragon ESP LTD. (“Dragon”) with a Notice of Violations and Intent

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to File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365.

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WHEREAS, on June 9, 2014, CSPA filed its Complaint against Dragon in this Court,

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California Sportfishing Protection Alliance v. Dragon ESP LTD., Case No. 2:14-cv-01380-TLN-

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AC. Said Complaint incorporates by reference all of the allegations contained in CSPA’s Notice.

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WHEREAS, CSPA and Dragon, through their authorized representatives and without either

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adjudication of CSPA’s claims or admission by Dragon of any alleged violation or other

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wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set forth

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in the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation. A

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Stipulation To Dismiss Plaintiff’s Claims;
Order Granting Dismissal

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

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copy of the Settlement Agreement and Mutual Release of Claims (“Settlement Agreement”) entered

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into by and between CSPA and Dragon is attached hereto as Exhibit 1 and incorporated by reference.

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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 forth

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

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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 with prejudice.

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The parties respectfully request an order from this Court dismissing such claims with prejudice. In

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accordance with paragraph 2 of the Settlement Agreement, the parties also request that this Court

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maintain jurisdiction over the parties through December 16, 2016, for the sole purpose of resolving

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any disputes between the parties with respect to enforcement of any provision of the Settlement

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Agreement, or through the conclusion of any proceeding to enforce the Settlement Agreement

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initiated prior to December 16, 2016, or until the completion of any payment or affirmative duty

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required by the Settlement Agreement.

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This Dismissal may be pled as a full and complete defense to, and may be used as the basis

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for an injunction against any lawsuit which may be filed in breach of the Settlement Agreement.

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Dated: March 19, 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

VINSON & ELKINS LLP

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By:
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_Michael L. Charlson (as authorized on 3/19/15) __
Michael L. Charlson
Attorneys for Defendant
Dragon ESP LTD.

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Stipulation To Dismiss Plaintiff’s Claims;
Order Granting Dismissal

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

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 Dragon ESP LTD., as set forth in the Notice and Complaint filed in Case

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No. 2:14-cv-01380-TLN-AC, are hereby dismissed with prejudice consistent with the terms of the

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Settlement Agreement that is attached hereto as Exhibit 1.

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IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through

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December 16, 2016, for the sole purpose of resolving any disputes between the parties with respect

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to any provision of the Settlement Agreement, or through the conclusion of any proceeding to

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enforce the Settlement Agreement initiated prior to December 16, 2016, or until the completion of

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any payment or affirmative duty required by the Settlement Agreement.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: March 27, 2015
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Troy L. Nunley
United States District Judge

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Stipulation To Dismiss Plaintiff’s Claims;
Order Granting Dismissal

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