California Sportfishing Protection Alliance v. Sun Gro Horticulture Processing

Filing 21

ORDER signed by William H Orrick, III on 5/19/2017 DISMISSING CASE with prejudice; the Court shall retain jurisdiction over the parties through 12/20/2019, for the sole purpose of resolving any disputes between the parties with respect to any provis ion of the Settlement Agreement, or through the conclusion of any proceeding to enforce the Settlement Agreement initiated prior to 12/20/2019, or until the completion of any payment or affirmative duty required by the Settlement Agreement. CASE CLOSED(Reader, L)

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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: michael@lozeaudrury.com doug@lozeaudrury.com Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, 13 14 15 16 vs. Case No. 2:16-cv-02247-WHO STIPULATION TO DISMISS PLAINTIFF’S CLAIMS; [PROPOSED] ORDER GRANTING DISMISSAL [FRCP 41(a)(1)] SUN GRO HORTICULTURE PROCESSING, a Delaware corporation, Defendant. 17 18 19 20 21 22 WHEREAS, on June 28, 2016, Plaintiff California Sportfishing Protection Alliance (“CSPA”) provided Defendant Sun Gro Horticulture Processing (“Sun Gro”) with a Notice of Violations and Intent to File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365. WHEREAS, on September 22, 2016, CSPA filed its Complaint against Sun Gro in this 23 Court, California Sportfishing Protection Alliance v. Sun Gro Horticulture Processing, Case No. 24 2:16-cv-02247-WHO. Said Complaint incorporates by reference all of the allegations contained in 25 CSPA’s Notice. 26 WHEREAS, CSPA and Sun Gro, through their authorized representatives and without either 27 adjudication of CSPA’s claims or admission by Sun Gro of any alleged violation or other 28 wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set forth Stipulation To Dismiss Plaintiff’s Claims; [Proposed] Order Granting Dismissal 1 Case No. 2:16-cv-02247-WHO 1 in the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation. A 2 copy of the Settlement Agreement and Mutual Release of Claims (“Settlement Agreement”) entered 3 into by and between CSPA and Sun Gro is attached hereto as Exhibit 1 and incorporated by 4 reference. 5 WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt 6 requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth 7 at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to the 8 Court indicating that they have no objection to the terms of the Settlement Agreement. 9 NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the 10 parties that CSPA’s claims, as set forth in the Notice and Complaint, be dismissed with prejudice. 11 The parties respectfully request an order from this Court dismissing such claims and the Complaint 12 with prejudice. In accordance with paragraph 2 of the Settlement Agreement, the parties also request 13 that this Court maintain jurisdiction over the parties through December 20, 2019, for the sole 14 purpose of resolving any disputes between the parties with respect to enforcement of any provision 15 of the Settlement Agreement, or through the conclusion of any proceeding to enforce the Settlement 16 Agreement initiated prior to December 20, 2019, or until the completion of any payment or 17 affirmative duty required by the Settlement Agreement. 18 This Dismissal may be pled as a full and complete defense to, and may be used as the basis 19 for an injunction against any lawsuit which may be filed in breach of the Settlement Agreement. 20 Dated: May 17, 2017 Respectfully submitted, 21 LOZEAU DRURY LLP 22 By: 23 24 25 _/s/ Douglas J. Chermak_________________ Douglas J. Chermak Attorneys for Plaintiff California Sportfishing Protection Alliance GARVEY SCHUBERT BARER 26 By: 27 28 Stipulation To Dismiss Plaintiff’s Claims; [Proposed] Order Granting Dismissal _Sara P. Sandford (as authorized on 5/17/17) __ Sara P. Sandford Attorneys for Defendant Sun Gro Horticulture Processing 2 Case No. 2:16-cv-02247-WHO 1 2 3 4 5 6 7 8 9 10 11 12 ORDER Good cause appearing, and the parties having stipulated and agreed, IT IS HEREBY ORDERED that the Complaint, and all of Plaintiff California Sportfishing Protection Alliance’s claims against Defendant Sun Gro Horticulture Processing as set forth in the Notice and in the Complaint, are hereby dismissed with prejudice. IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through December 20, 2019, for the sole purpose of resolving any disputes between the parties with respect to any provision of the Settlement Agreement, or through the conclusion of any proceeding to enforce the Settlement Agreement initiated prior to December 20, 2019, or until the completion of any payment or affirmative duty required by the Settlement Agreement. 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 15 16 Dated: May 19 2017 ________, 17 ____________________________________ Judge William H. Orrick United States District Judge 18 19 20 21 22 23 24 25 26 27 28 Stipulation To Dismiss Plaintiff’s Claims; [Proposed] Order Granting Dismissal 3 Case No. 2:16-cv-02247-WHO

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