California Sportfishing Protecting Alliance v. Security Contractor Services, Inc. et al

Filing 17

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/10/2015 re: Plaintiff's first request for Entry onto designated property (during dry weather). (Donati, J)

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LAWYERS FOR CLEAN WATER, INC.
Caroline Koch (Bar No. 266068)
Email: [e-mail]
Layne Friedrich (Bar No. 195431)
Email: [e-mail]
1004-A O’Reilly Avenue
San Francisco, California 94129
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE, a California non-profit corporation;

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Plaintiff,
vs.

Civil Case No. 2:15-cv-00760-MCE-AC
Stipulation re: Plaintiff’s First Request for
Entry Onto Designated Property (During Dry
Weather); Order

SECURITY CONTRACTOR SERVICES, INC.,
a California corporation,
Defendant.

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Stipulation re: Dry Weather Inspection;
Order

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Civil Case No. 2:15-cv-00760-MCE-AC

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WHEREAS, on October 27, 2015, Plaintiff California Sportsfishing Protection Alliance

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(“CSPA” or “Plaintiff”) propounded its First Request for Entry onto Designated Property (“Dry Weather

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Request”) to Defendant Security Contractor Services, Inc. (“Defendant”);

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WHEREAS, pursuant to Federal Rule of Civil Procedure 34(a)(2), CSPA’s Dry Weather

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Request seeks entry onto Defendant’s property at 5339 and 5311 Jackson Street, North Highlands,

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California 95660 (“Facility”). As an exhibit to the Dry Weather Request, CSPA provided a site map that

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was submitted by Defendant with its Notice of Intent to Comply with the Industrial Storm Water Permit;

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WHEREAS, on November 25, 2015, Defendant timely responded and objected to CSPA’s Dry
Weather Request;
WHEREAS, the parties have met and conferred in an effort to resolve disputed issues
concerning CSPA’s Dry Weather Request;
WHEREAS, while reserving all rights and objections, the parties have reached consensus as to

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terms and conditions for CSPA’s dry weather inspection of the Facility;

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WHEREAS, a [Proposed] Order is filed concurrently herewith;

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THEREFORE, the Parties hereby stipulate and agree and request that the Court so order that

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CSPA may conduct an inspection of the Facility during dry weather as follows:

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Date and Duration of Inspection

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1.

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no later than 10:00 a.m.
2.

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CSPA shall conduct a Dry Weather Inspection on December 11, 2015, which shall begin

CSPA will make best efforts to minimize the time it takes to complete the Dry Weather
Inspection, and CSPA’s Dry Weather Inspection shall last no more than two (2) hours.

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CSPA will be permitted up to and including three (3) representatives at the Dry Weather

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Inspection. CSPA’s intended attendees are: (1) Caroline Koch, counsel for CSPA, and (2)

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Rachel Savaloja, consultant for CSPA. CSPA’s representatives shall be free to step away

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during the inspection, at sufficient distance to be out of earshot but within view of

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Defendant’s representatives, to have brief, private conversations.

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4.

Prior to the Dry Weather Inspection any and all representatives of CSPA, including those

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Stipulation re: Dry Weather Inspection;
Order

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Civil Case No. 2:15-cv-00760-MCE-AC

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identified in paragraph 3, above, shall sign an Access Agreement attached as Exhibit A,

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before being permitted to enter the property.

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5.

CSPA and its representatives shall follow all reasonable safety measures and/or

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instructions, which are: (a) Beware truck and fork lift traffic; (b) Maintain a minimum of

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15 feet from all trucks and/or trailers being loaded or un-loaded; (c) Safety glasses are

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required in any manufacturing area.

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Scope of Inspection

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6.

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CSPA’s inspection shall include all outdoor areas of potential storm water pollution,
including, but not limited to the following:

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a. All areas of potential industrial pollution sources, including, but not limited to,

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outdoor areas related to materials and waste storage, operational activities, equipment

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and parts storage, and Facility maintenance;

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b.

Any outdoor areas or equipment from which any liquids, runoff, or fugitive dust or

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debris may drain, or be drained, or discharged;

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c. All storm drains and all storm water conveyances;

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d. All outdoor storage areas;

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e. All pollution management measures, or Best Management Practices (BMPs), such as

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bermed areas and areas with secondary containment;

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f. All entrances and exits.

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7.

Indoor areas may be viewed but not entered.

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8.

Both parties will be permitted to take photograph(s) and/or video(s) during the Dry

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Weather Inspection.
9.

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The Parties shall exchange any photographs and/or videos taken during CSPA’s Dry
Weather Inspection within ten (10) business days of the inspection.

10.

Nothing in this stipulation and agreement shall constitute a waiver by any party of further

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discovery rights, including the right to demand further inspections, or objections to further

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discovery.

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Stipulation re: Dry Weather Inspection;
Order

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Civil Case No. 2:15-cv-00760-MCE-AC

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11.

Nothing in this stipulation shall be construed as a waiver of any objections to admissibility

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of evidence at trial, including but not limited to the sampling protocols or techniques

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employed by either party during the inspection.

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Dated: December 8, 2015

LAWYERS FOR CLEAN WATER, INC.

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By:
Caroline Koch
Attorneys for Plaintiff
CALIFORNIA SPORTSFISHING PROTECTION
ALLIANCE

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Dated: December 8, 2015

CASTELLÓN & FUNDERBURK LLP

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By:
William Funderburk
Attorney for Defendant
Security Contractor Services, Inc.

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IT IS SO ORDERED.

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Dated: December 10, 2015

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Stipulation re: Dry Weather Inspection;
Order

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Civil Case No. 2:15-cv-00760-MCE-AC

Exhibit A

ACCESS AGREEMENT
I understand that I am being permitted to enter the premises located at 5339 and 5311 Jackson
Street, North Highlands, California 95660 (the “site”) for a property inspection and agree to the
following:
My entry onto the above-mentioned property is entirely voluntary and I agree to hold harmless
and release Security Contractor Services, Inc. (“SCS”), their shareholders, officers, directors,
employees, agents, attorneys, trustees, beneficiaries, and any other representative(s) affiliated
with the property and operations at the site from any and all lawsuits, damages, claims,
judgments, losses, liability, or expenses arising out of or resulting from any damage or loss to
myself, including any tools and equipment I am bringing onto the site, SCS or others, which may
be caused in whole or in part as a result of my entry onto the site, whether or not caused by the
alleged negligence, whether active or passive, or any acts or omissions of SCS, or by any of SCS
licensees, invitees, or permittees also on the site or any other third party not under SCS control to
the extent permitted by California law.
I REPRESENT AND ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF
RISK, RELEASE AND WAIVER OF LIABILITY AND FULLY UNDERSTAND EACH AND
EVERY PROVISION.
Dated: ________________

Signature:_________________________
Printed Name:_____________________