Plastic Pollution Coalition, a project of Earth Island Institute v. Amcor Rigid Plastics USA, Inc.

Filing 17

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 05/24/16 ORDERING that the proposed 13 Consent Decree is ADOPTED by this Court and by this Order shall be entered. In accordance with the Consent Decree, all claims in the complaint a re conditionally DISMISSED under FRCP 41(a)(2), with the Court retaining jurisdiction to enforce the Consent Decree. As the Consent Decree fully resolves this case, the Clerk of the Court is ordered to terminate this case. CASE CLOSED CASE CLOSED (Benson, A)

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GARY DAVIS (SBN 098792)
Davis & Whitlock, P.C.
21 Battery Park Avenue, Suite 206
Asheville, NC 28801
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
JAMES M. BIRKELUND (SBN 206328)
Law Offices of James Birkelund
548 Market St., # 11200
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
RACHEL S. DOUGHTY (SBN 255904)
Greenfire Law
1202 Oregon St.
Berkeley, CA 94702
Telephone: [phone]
Email: [e-mail]
Attorneys for Plastic Pollution Coalition,
a project of Plaintiff Earth Island Institute

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PLASTIC POLLUTION COALITION, a
project of EARTH ISLAND INSTITUTE, a
non-profit organization,

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Case No. 2:15-CV-00614-WBS-KJN
PARTIES’ STIPULATION TO ENTRY
OF CONSENT JUDGMENT AND
[PROPOSED] ORDER

Plaintiff,

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vs.

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AMCOR RIGID PLASTICS USA, INC., and
AMCOR RIGID PLASTICS USA, LLC,

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Complaint Served: April 16, 2015
Judge: Hon. William B. Shubb
(Federal Water Pollution Control Act, 33
U.S.C. §§ 1251, et seq.)

Defendants.

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_____________________________________________________________________________________________

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STIPULATION AND [PROPOSED] ORDER

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WHEREAS, on March 24, 2016, the Parties lodged with this Court a proposed Consent

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Decree, signed by each (Dkt. 13-1) and simultaneously submitted the same to the U.S.

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Department of Justice pursuant to the requirements of the Clean Water Act, 33, U.S.C. §

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1365(c)(3);

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WHEREAS, on May 4, 2016, the U.S. Department of Justice filed with this Court a letter
stating that “the United States has no objection the proposed consent decree;” (Dkt. 15)
WHEREAS, the [Proposed] Consent Decree lodged with this Court lacked a signature
line for entry by this Court, which is the desired outcome of this case of each of the Parties;
THEREFORE: Counsel hereby stipulate to entry of the proposed Consent Decree by this
Court on behalf of their respective clients, each of which signed and agreed to be bound by the
terms of the [Proposed] Consent Decree prior to it being filed with this Court and reviewed by
the U.S. Department of Justice.
Dated: May 23, 2016

GREENFIRE LAW

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By:

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Dated: May 23 , 2016

CASTELLÓN & FUNDERBURK, LLP
By:

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__/s/ Rachel S. Doughty________________
Rachel S. Doughty
James M. Birkelund
Gary Davis
Attorneys for Plaintiff
PLASTIC POLLUTION COALITION

/s/ Ruben A.Castellon
Ruben A. Castellon
Anna L. Le May
Attorneys for Defendants
AMCOR RIGID PLASTICS USA, INC.
and AMCOR RIGID PLASTICS USA,
LLC

All other signatories listed, and on whose behalf this filing is submitted, concur in the
filing’s content and have authorized the filing.

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/s/ Rachel S. Doughty
Rachel S. Doughty

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_____________________________________________________________________________________________

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STIPULATION AND [PROPOSED] ORDER

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ORDER OF ENTRY OF CONSENT DECREE

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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The proposed Consent Decree lodged as docket entry 13-1, is adopted by this Court and

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by this Order shall be entered.
In accordance with the Consent Decree, all claims in the complaint are conditionally

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dismissed under Federal Rule of Civil Procedure 41(a)(2), with the Court retaining jurisdiction to

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enforce the Consent Decree. As the Consent Decree fully resolves this case, the Clerk of the

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Court is ordered to terminate this case.

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APPROVED AND SO ORDERED.
Dated: May 24, 2016

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_____________________________________________________________________________________________

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STIPULATION AND [PROPOSED] ORDER

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