California Sportfishing Protection Alliance v. River City Waste Recyclers, LLC

Filing 64

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 09/26/16 ORDERING that this matter is STAYED until 12/01/16 and all deadlines and dates are VACATED. (Benson, A)

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Michael R. Lozeau (State Bar No. 142893)
Richard T. Drury (State Bar No. 163559)
Rebecca L. Davis (State Bar No. 271662)
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone] (fax)
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
Mark A. Pruner (State Bar No. 105259)
1206 “Q” Street, Suite 1
Sacramento, CA 95811
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Defendant
RIVER CITY WASTE RECYCLERS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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vs.
RIVER CITY WASTE RECYCLERS,
LLC, a California Limited Liability
Company,

Case No. 2:14-cv-01452-KJM-CKD
Assigned to Hon. Kimberly J. Mueller

NOTICE OF SETTLEMENT;
STIPULATION AND ORDER
STAYING PROCEEDINGS AND
VACATING EXISTING DATES

Defendant.

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Notice of Settlement; Stipulation and Order
Staying Proceedings and Vacating Existing Dates

Case No. 2:14-cv-01452-KJM-CKD

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PLEASE TAKE NOTICE that the parties have reached a settlement resolving all of the

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remaining claims in this action. Entry of the settlement, however, must await the expiration of

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the federal agencies’ 45-day review period required by the Federal Water Pollution Control Act,

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33 U.S.C. § 1365(c)(2).1

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PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no

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judgment disposing of this action may be entered prior to 45 days following the receipt of the

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proposed consent decree by the United States Department of Justice and the national and Region

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IX offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5

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(requiring the parties to provide notice to the court of the 45-day agency review period under 33

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U.S.C. § 1365(c)). Such notice is being mailed to the agencies on September 19, 2016. The

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regulatory agencies’ review period will end by approximately November 12, 2016 (allowing

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forty-five days for agency review and approximately nine days for mailing time). If any of the

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reviewing agencies object to the proposed Consent Decree, the parties may require additional

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time to meet and confer and attempt to resolve the agencies’ concerns. At the end of the 45-day

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review period, the parties will file the proposed Consent Agreement for review and approval by

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the Court.

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In light of the settlement agreement entered into by the parties and the need to await the

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conclusion of the agencies’ 45-day review period, Plaintiff California Sportfishing Protection

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Alliance (“CSPA”) and Defendant River City Waste Recyclers, LLC (“River City”), through

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their respective counsel, stipulate and agree as follows:

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WHEREAS, on June 17, 2014, CSPA filed its Complaint in this action;

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Title 33 of the United States Code, Section 1365(c)(2) provides that “[n]o consent judgment
shall be 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; Stipulation and Order
Staying Proceedings and Vacating Existing Dates

Case No. 2:14-cv-01452-KJM-CKD

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WHEREAS, CSPA and River City have previously engaged in settlement discussions

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and renewed their settlement discussions subsequent to the Court’s issuance of its September 6,

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2016 order granting in part CSPA’s motion for summary judgment;

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WHEREAS, the parties successfully completed and executed a proposed Consent
Decree on September 16, 2016;
WHEREAS, on Monday, September 19, 2016, CSPA will be submitting the proposed

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Consent Decree via certified mail, return receipt requested, to the U.S. EPA and the U.S.

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Department of Justice and must await the completion of the 45-day review period set forth at 40

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C.F.R. § 135.5 and 33 U.S.C. § 1365(c)(2);

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WHEREAS, in the interests of efficiency and judicial economy, the parties wish to
minimize costs incurred in this matter pending the agencies’ review of the executed settlement
agreement;
WHEREAS, in light of the parties’ entering into the settlement agreement and the need
to allow the federal agencies 45 days to review the proposed Consent Decree, the parties further
request that the Court immediately stay all proceedings in this action until December 1, 2016, by
which date the parties expect to have filed the proposed Consent Decree for approval by the
Court. The parties further request that all deadlines and dates currently scheduled by the Court
be vacated.
WHEREAS, 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 December 1, 2016
as the date by which the Proposed Consent Decree or a Notice that the settlement is null and
void must be filed.
THEREFORE, IT IS HEREBY STIPULATED, by and between CSPA and River
City, through their respective counsel of record, that the Court stay all proceedings in this action
until December 1, 2016 and, with the exception of this Stipulation, vacate all deadlines and dates
currently scheduled by the Court.

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Notice of Settlement; Stipulation and Order
Staying Proceedings and Vacating Existing Dates

Case No. 2:14-cv-01452-KJM-CKD

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Respectfully submitted,
Date: September 16, 2016

LAW OFFICE OF MARK A. PRUNER

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/s/ Mark A. Pruner (as authorized on September 16, 2016)
By: Mark A. Pruner, Esq.
Attorney for Defendant River City Waste Recyclers, LLC

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Date: September 16, 2016

LOZEAU DRURY LLP

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/s/ Michael R. Lozeau
By: Michael R. Lozeau, Esq.
Attorneys for Plaintiff California Sportfishing Protection
Alliance

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PURSUANT TO STIPULATION, IT IS SO ORDERED
Date: September 26, 2016

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UNITED STATES DISTRICT JUDGE

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Notice of Settlement; Stipulation and Order
Staying Proceedings and Vacating Existing Dates

Case No. 2:14-cv-01452-KJM-CKD