California Sportfishing Protection Alliance v. Cemex Construction Materials Pacific, LLC

Filing 17

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/17/2018 ORDERING that Plaintiff's claims against CEMEX Construction Materials Pacific, LLC are DISMISSED with prejudice. CASE CLOSED. (Fabillaran, J)

1
2
3
4
5

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]

6
7
8

Attorneys for Plaintiff
THE CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

THE CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

13
Plaintiff,

14
15
16
17
18

vs.

Case No. 2:17-cv-00272-MCE-CKD

STIPULATION AND ORDER TO
DISMISS PLAINTIFF’S CLAIMS WITH
PREJUDICE
[FRCP 41(a)(2)]

CEMEX CONSTRUCTION MATERIALS
PACIFIC, LLC, a Delaware corporation;
Defendant.

19
20
21
22
23

WHEREAS, on July 23, 2014, Plaintiff The California Sportfishing Protection Alliance
(“CSPA”) filed its Complaint against Defendant CEMEX Construction Materials Pacific, LLC
(“CEMEX”) in this Court, The California Sportfishing Protection Alliance v. Cemex Construction
Materials Pacific, LLC, Case No. 2:17-cv-00272-MCE-CKD, in which Plaintiff alleged violations of

24
the Clean Water Act;
25
WHEREAS, CSPA and CEMEX, through their authorized representatives and without
26
27
28

either adjudication of CSPA’s claims or admission by CEMEX of any alleged violation or other
wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set forth
Stipulation and Order to Dismiss Plaintiff’s

Claims with Prejudice

1

Case No. 2:17-CV-00272-MCE-CKD

1
2

in the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation.
WHEREAS, the parties submitted a settlement agreement via certified mail, return receipt

3

requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set

4

forth at 40 C.F.R. § 135.5 has completed. The federal agencies have submitted correspondence to

5

the Court indicating that they have no objection to the terms of the settlement agreement;

6

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the

7

parties that CSPA’s claims, as set forth in the Notice and Complaint, be dismissed with prejudice.

8

The parties respectfully request an order from this Court dismissing such claims.

9
Respectfully submitted,

10
11

Dated: February 28, 2018
LOZEAU DRURY LLP

12
By:

13
14
15

_/s/ Douglas J. Chermak____________
Douglas J. Chermak
Attorneys for Plaintiff
THE CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

16
MITCHELL CHADWICK LLP

17

/s/ Sarah M. Taylor___
(as authorized on 2/27/18)
Sarah M. Taylor
Attorneys for Defendant
CEMEX CONSTRUCTION MATERIALS PACIFIC,
LLC

18
19
20
21
22
23
24
25
26
27
28
Stipulation and Order to Dismiss Plaintiff’s

Claims with Prejudice

2

Case No. 2:17-CV-00272-MCE-CKD

ORDER

1
2

Pursuant to the stipulation of the parties and good cause having been shown, it is hereby

3

ordered that Plaintiff The California Sportfishing Protection Alliance’s claims against Defendant

4

CEMEX Construction Materials Pacific, LLC, as set forth in the Notice and Complaint filed in Case

5

No. 2:17-cv-00272-MCE-CKD, are hereby DISMISSED with prejudice. The Clerk of the Court is

6

directed to close this case.

7

IT IS SO ORDERED.

8
Dated: March 17, 2018
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation and Order to Dismiss Plaintiff’s

Claims with Prejudice

3

Case No. 2:17-CV-00272-MCE-CKD