California Sportfishing Protection Alliance v. Northern Recycling & Waste Services et al

Filing 18

ORDER signed by Judge Garland E. Burrell, Jr on 5/28/15 ORDERING a dispositional document shall be filed no later than 7/24/15. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. Further, a Status Conference is scheduled for hearing at 9:00 a.m. on August 17, 2015, in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint status report shall be filed fourteen (14) days prior to the status conference in which the parties shall address all pertinent subjects set forth in Local Rule 240. (Becknal, R)

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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
nonprofit corporation,

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Plaintiff,
v.

No.

2:14-cv-01601-GEB-CKD

ORDER RE: SETTLEMENT AND
DISPOSITION

NORTHERN RECYCLING & WASTE
SERVICES, a California
corporation; and DOUGLAS
SPEICHER, an individual,
Defendants.

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Plaintiff filed a “Notice of Settlement” on May 25,
2015, in which it states:
Plaintiff California Sportfishing Protection
Alliance (“CSPA”) and Defendants, parties in
the above-captioned action, have reached
settlement and executed a [Proposed] Consent
Agreement. The settlement is contingent upon
the expiration of the federal agencies’ 45day review period.
. . . [I]n accordance with federal law,
no judgment 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)).
Allowing
three
(3)
days
for
mailing, the regulatory agencies’ review
period will end on or about July 10, 2015; if
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any of the reviewing agencies object to the
proposed agreement, the parties would require
additional time to meet and confer and
attempt to resolve the agencies’ concerns.
Consequently, the parties submit that good
cause exists to set July 24, 2015, as the
deadline for the filing of a Stipulation for
Approval of Consent Agreement and Dismissal
of Plaintiff’s Claims with Prejudice, or a
Notice that the settlement is null and void.

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(Pl.’s Notice of Settlement, ECF No. 17.)

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Therefore, a dispositional document shall be filed no

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later than July 24, 2015. Failure to respond by this deadline may

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be

construed

as

consent

to

dismissal

of

this

action

without

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prejudice, and a dismissal order could be filed.

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R. 160(b) (“A failure to file dispositional papers on the date

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prescribed by the Court may be grounds for sanctions.”).

See E.D. Cal.

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Further, a Status Conference is scheduled for hearing

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at 9:00 a.m. on August 17, 2015, in the event no dispositional

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document is filed, or if this action is not otherwise dismissed.

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A joint status report shall be filed fourteen (14) days prior to

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the status conference in which the parties shall address all

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pertinent subjects set forth in Local Rule 240.
IT IS SO ORDERED.

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Dated:

May 28, 2015

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