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

Filing 20

STIPULATION and ORDER re CONSENT AGREEMENT signed by Judge Garland E. Burrell, Jr on 7/16/15. CASE CLOSED.(Kaminski, H)

1
2
3
4
5
6
7
8
9
10
11

ROBERT J. TUERCK (Bar No. 255741)
Jackson & Tuerck
P.O. Box 148
429 W. Main Street, Suite C
Quincy, CA 95971
Tel: [phone]
E-mail: [e-mail]
ANDREW L. PACKARD (Bar No. 168690)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

12

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

13
14
15
16

CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,
vs.

17
18
19

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

20
21
22
23
24

Defendants.

2:14-cv-01601-GEB-CKD
STIPULATION TO APPROVE
CONSENT AGREEMENT AND TO
DISMISS PLAINTIFF’S CLAIMS WITH
PREJUDICE; [PROPOSED] ORDER
APPROVING CONSENT AGREEMENT
AND GRANTING DISMISSAL WITH
PREJUDICE [FRCP 41(a)(2)]
(Federal Water Pollution Control Act,
33 U.S.C. §§ 1251 to 1387)

TO THE COURT:
Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE (“PLAINTIFF”
or “CSPA”), and Defendants NORTHERN RECYCLING & WASTE SERVICES and
DOUGLAS SPEICHER (collectively, the “DEFENDANTS”) stipulate as follows:

25
26
27
28

STIPULATION AND [PROPOSED] ORDER TO
APPROVE CONSENT AGREEMENT AND DISMISS

2:14−CV−01601−GEB−CKD
1

1

WHEREAS, on or about May 7, 2014, CSPA provided DEFENDANTS with a Notice of

2

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

3

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

4

WHEREAS, on July 7, 2014, CSPA filed its Complaint against DEFENDANTS in this

5

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

6

60-Day Notice Letter (“Complaint”);

7

WHEREAS, CSPA and DEFENDANTS, through their authorized representatives and

8

without either adjudication of CSPA’s claims or admission by DEFENDANTS of any alleged

9

violation or other wrongdoing, have chosen to avoid the costs and uncertainties of further

10

litigation and to to compromise, resolve, settle, and terminate, in full, any and all disputes or

11

claims between them as to the allegations set forth in the 60-Day Notice Letter and Complaint.

12

A copy of the agreement (“Consent Agreement”) entered into by CSPA and DEFENDANTS is

13

attached hereto as Exhibit A and incorporated by this reference.

14

WHEREAS, on May 27, 2105, the Parties submitted the Consent Agreement via

15

certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice (“the

16

agencies”) and the 45-day review period set forth at 40 C.F.R. § 135.5 has been completed

17

without objection by the agencies.

18
19
20
21
22

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED TO BY AND
BETWEEN THE PARTIES:
1.

That the Court be requested to approve the Consent Agreement attached hereto as

Exhibit A and enter judgment in therewith;
2.

That CSPA’s claims, as set forth in the Clean Water Act Notice Letters and

23

Complaint, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

24

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

25

In accordance with the terms and conditions of the Consent Agreement, the Parties also request

26

that this Court retain and have jurisdiction over the CSPA and Defendants NORTHERN

27

RECYCLING & WASTE SERVICES and DOUGLAS SPEICHER through the full term of the

28

STIPULATION AND [PROPOSED] ORDER TO
APPROVE CONSENT AGREEMENT AND DISMISS

2:14−CV−01601−GEB−CKD
2

1

Consent Agreement, for the sole purpose of resolving any disputes between the Parties with

2

respect to enforcement of any provision of the Consent Agreement.

3
4
5

DATED: July 15, 2015

/s/ Robert J. Tuerck
Robert J. Tuerck
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

6
7
8
9
10
11
12
13

JACKSON & TUERCK

DATED: July 15, 2015

BRADY & VINDING
/s/ __Michael Brady______
MICHAEL BRADY
Attorneys for Defendants NORTHERN
RECYCLING & WASTE SERVICES and
DOUGLAS SPEICHER

14
15
16
17
18
19
20
21
22
23
24

25
26
27
28

STIPULATION AND [PROPOSED] ORDER TO
APPROVE CONSENT AGREEMENT AND DISMISS

2:14−CV−01601−GEB−CKD
3

[PROPOSED] ORDER

1

WHEREAS, the Parties have consented to entry of the foregoing Consent Agreement
2

and requested the Court’s approval and entry thereof; and
3

WHEREAS, pursuant to 33 U.S.C. § 1365(c)(3), the Parties submitted the Consent
4

Agreement to the United States Attorney General and the Administrator of the United States
5

Environmental Protection Agency and the 45-day review period has been completed without
6

objection by the agencies;
7

WHEREAS, the Court has reviewed the Consent Agreement and fully considered the
8

Parties’ request to enter this Consent Agreement as an order; and
9

WHEREAS, the Court finds the Consent Agreement to be: (1) fair, adequate and
10

reasonable; (2) consistent with applicable laws; and (3) protective of the public interest; and
11

WHEREAS, good cause appearing therefore,
12

1.

THIS CONSENT AGREEMENT IS HEREBY APPROVED AND JUDGMENT

13

IS ENTERED IN ACCORDANCE THEREWITH;
14

2.

Plaintiff California Sportfishing Protection Alliance’s claims against Defendants

15

NORTHERN RECYCLING & WASTE SERVICES and DOUGLAS SPEICHER, as set forth in
16

the

Clean

Water

Act

Notice

Letters

and

Complaint

filed

in

Case

No.

17

2:14−CV−01601−GEB−CKD, are hereby dismissed with prejudice.
18

IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the
19

Parties with respect to disputes arising under the Consent Agreement attached to the Parties’
20

Stipulation to Approve Consent Agreement and Dismiss as Exhibit A.
21
22

IT IS SO ORDERED.

23

UNITED STATES DISTRCIT COURT FOR THE
EASTERN DISTRICT COURT OF CALIFORNIA

24

25

Dated: July 16, 2015

26
27
28

STIPULATION AND [PROPOSED] ORDER TO
APPROVE CONSENT AGREEMENT AND DISMISS

2:14−CV−01601−GEB−CKD
4