California Sportfishing Protection Alliance v. Masonite Corporation et al

Filing 26

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/17/17: Case dismissed with prejudice, the Court shall retain jurisdiction over this matter for purposes dispute resolution and enforcement of the Settlement Agreement. (Kaminski, H)

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Michael R. Lozeau (State Bar No. 142893)
Douglas J. Chermak (State Bar No. 233382)
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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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 non-profit
corporation,
Plaintiff,

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v.
MASONITE CORPORATION, a
corporation; SIERRA LUMBER, INC., a
corporation,
Defendants.

Case No. 2:16-cv-01833-WBS-AC
STIPULATION TO DISMISS PLAINTIFF’S
CLAIMS WITH PREJUDICE, RETAINING
JURISDICTION OVER SETTLEMENT;
[PROPOSED] ORDER GRANTING
DISMISSAL OF CLAIMS WITH
PREJUDICE, RETAINING JURISDICTION
OVER SETTLEMENT
Date: November 20, 2017
Time: 1:30 PM
Courtroom: 5
Judge: Hon. William B. Shubb

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WHEREAS, on May 23, 2016, Plaintiff CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE (“CSPA”), provided Defendants MASONITE CORPORATION and SIERRA
LUMBER, INC. (“Defendants”) with a Notice of Violations and Intent to File Suit (“Notice”)
under Clean Water Act § 505, 33 U.S.C. § 1365.
WHEREAS, on August 3, 2016, CSPA filed its Complaint in this Court, and October 16,
2017, CSPA filed its First Amended Complaint in this Court to properly identify Defendant
Sierra Lumber, Inc.
WHEREAS, CSPA and Defendants (the “settling parties”), through their authorized

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STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; [PROPOSED] ORDER

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representatives and without either adjudication of CSPA’s claims or admission by Defendants, of

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any alleged violation or other wrongdoing, have chosen to resolve in full by way of settlement

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CSPA’s allegations as set forth in the Notice and Complaint, thereby avoiding the costs and

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uncertainties of further litigation. A copy of the Settlement Agreement and Mutual Release of

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Claims (“Settlement Agreement”) entered into by and between CSPA and Defendants, is attached

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hereto as Exhibit 1 and fully incorporated by reference.

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WHEREAS, the settling parties submitted the Settlement Agreement to the U.S. EPA and

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the U.S. Department of Justice (the “federal agencies”) for a 45-day statutory review period,

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consistent with 33 U.S.C. § 1365(c) and 40 C.F.R. § 135.5, and that review period has completed.

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The federal agencies submitted correspondence to the Court indicating that they have no

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objection to the terms of the Settlement Agreement.

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to that the settling

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parties request an order from this Court (1) dismissing with prejudice CSPA’s claims as to

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Defendants, as set forth in the Notice and Complaint, and (2) concurrently retaining jurisdiction

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over this matter for purposes of dispute resolution and enforcement of the Settlement Agreement.

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Respectfully submitted,

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DATED: October 16, 2017

LOZEAU DRURY LLP

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By__/s/ Douglas J. Chermak___________
DOUGLAS J. CHERMAK
Attorney for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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DATED: October 16, 2017

DOWNEY BRAND LLP

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By: /s/ Nicole E. Granquist (auth. 10/16/2017)
NICOLE E. GRANQUIST
Attorney for Defendants
MASONITE CORPORATION; SIERRA
LUMBER, INC.

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STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; [PROPOSED] ORDER

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ORDER

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Good cause appearing, and the parties having stipulated and agreed, IT IS HEREBY

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ORDERED that pursuant to Federal Rule of Civil Procedure 41(a)(2), CALIFORNIA

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SPORTFISHING PROTECTION ALLIANCE’s claims as to MASONITE CORPORATION and

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SIERRA LUMBER, INC., as set forth in the Notice and Complaint, are dismissed with prejudice,

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and the Court shall retain jurisdiction over this matter for purposes dispute resolution and

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enforcement of the Settlement Agreement, attached hereto as Exhibit 1 and fully incorporated by

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reference herein.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October 17, 2017

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STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; [PROPOSED] ORDER