California Sportfishing Protection Alliance v. Sun Gro Horticulture Processing

Filing 18

NOTICE OF SETTLEMENT AND ORDER signed by William H Orrick, III on 03/27/17 ORDERING that good cause exists to set 05/18/17, as the date by which a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void must be filed. (Benson, A)

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1 2 3 4 5 6 7 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: (510) 836-4200 Fax: (510) 836-4203 (fax) E-mail: Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, 12 vs. 13 14 15 20 PLEASE TAKE NOTICE pursuant to Local Rule 160(a) that the parties have reached a settlement resolving all claims in this action. The settlement is contingent upon the expiration of the federal agency 45-day review period.1 PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment 21 22 [L.R. 160 and FRCP 16] Defendant. 17 19 NOTICE OF SETTLEMENT AND ORDER SUN GRO HORTICULTURE PROCESSING, a Delaware corporation. 16 18 Case No. 2:16-cv-02247-WHO disposing of this action may be entered prior to 45 days following the receipt of the proposed 23 settlement agreement by the United States Department of Justice and the national and Region IX 24 offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 (requiring the 25 parties to provide notice to the court of the 45-day agency review period under 33 U.S.C. § 1365(c)). 26 27 28 29 30 31 1 Title 33 of the United States Code, Section 1365(c) provides that “[n]o consent judgment shall entered in an action in which the United States is not a party prior to 45-days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.” NOTICE OF SETTLEMENT AND [PROPOSED] ORDER 1 Case No. 2:16-cv-02247-WHO 1 Such notice will be mailed to the agencies on March 24, 2017. The regulatory agencies’ review 2 period will thus end by approximately May 18, 2017 (allowing forty-five days for agency review 3 and approximately ten days for mailing time). If any of the reviewing agencies object to the 4 proposed agreement, the parties would require additional time to meet and confer and attempt to 5 resolve the agencies’ concerns. 6 Local Rule 160(b) requires the Court to fix a date upon which the documents disposing of the 7 action must be filed, within 21 days of this notice of settlement, absent good cause. Given the 8 statutorily mandated 45-day review period, good cause exists to set May 18, 2017, as the date by 9 which a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff’s Claims or a 10 Notice that the settlement is null and void must be filed. 11 12 Dated: March 24, 2017 By: _/s/ Douglas J. Chermak______________ Douglas J. Chermak Attorneys for Plaintiff THE CALIFORNIA SPORTFISHING PROTECTION ALLIANCE Dated: March 24, 2017 By: _/s/ Sara P. Sandford (authorized on 3/24/2017) Sara P. Sandford Attorneys for Defendant SUN GRO HORTICULTURE PROCESSING 13 14 15 16 17 18 19 IT IS SO ORDERED. 20 21 Dated: March 27, 2017 22 ____________________________________ Judge William H. Orrick United States District Judge 23 24 25 26 27 28 29 30 31 NOTICE OF SETTLEMENT AND [PROPOSED] ORDER 2 Case No. 2:16-cv-02247-WHO

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