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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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] (fax)
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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vs.

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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

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[L.R. 160 and FRCP 16]

Defendant.

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NOTICE OF SETTLEMENT AND ORDER

SUN GRO HORTICULTURE
PROCESSING, a Delaware corporation.

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Case No. 2:16-cv-02247-WHO

disposing of this action may be entered prior to 45 days following the receipt of the proposed

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settlement agreement by the United States Department of Justice and the national and Region IX

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offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 (requiring the

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parties to provide notice to the court of the 45-day agency review period under 33 U.S.C. § 1365(c)).

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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

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Case No. 2:16-cv-02247-WHO

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Such notice will be mailed to the agencies on March 24, 2017. The regulatory agencies’ review

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period will thus end by approximately May 18, 2017 (allowing forty-five days for agency review

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and approximately ten days for mailing time). If any of the reviewing agencies object to the

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proposed agreement, the parties would require additional time to meet and confer and attempt to

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resolve the agencies’ concerns.

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Local Rule 160(b) requires the Court to fix a date upon which the documents disposing of the

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action must be filed, within 21 days of this notice of settlement, absent good cause. Given the

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statutorily mandated 45-day review period, good cause exists to set May 18, 2017, as the date by

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which a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff’s Claims or a

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Notice that the settlement is null and void must be filed.

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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

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IT IS SO ORDERED.

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Dated: March 27, 2017

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____________________________________
Judge William H. Orrick
United States District Judge

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NOTICE OF SETTLEMENT AND
[PROPOSED] ORDER

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Case No. 2:16-cv-02247-WHO