California River Watch v. City of Vacaville

Filing 78

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/7/2020 PARTIALLY DISMISSING CLAIMS. (York, M)

1 Gregory J. Newmark (SBN: 190488)
[e-mail]
2 Shiraz D. Tangri (SBN: 203037)
[e-mail]
3 Vidya Venugopal (SBN: 310172)
[e-mail]
4 MEYERS, NAVE, RIBACK, SILVER & WILSON
707 Wilshire Blvd., 24th Floor
5 Los Angeles, California 90017
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant
CITY OF VACAVILLE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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12 CALIFORNIA RIVER WATCH,

Case No. 2:17-cv-00524-KJM-KJN

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ORDER PARTIALLY DISMISSING
CLAIMS

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Plaintiff,
v.

Trial Date:

Vacated

15 CITY OF VACAVILLE,
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Defendant.

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The Court, having considered Plaintiff California River Watch (“Plaintiff”) and Defendant

19 City of Vacaville’s (“Defendant” or “Vacaville”) stipulation for partial dismissal of Plaintiff’s
20 claims in this action, and good cause appearing therefor, HEREBY ORDERS THAT:
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(1)

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), any and all claims, contentions

22 allegations or assertions by Plaintiff that Vacaville has violated the Resource Conservation and
23 Recovery Act (RCRA) in connection with the discharge or release of water from Defendant’s
24 potable water system into the environment are HEREBY DISMISSED WITH PREJUDICE;
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(2)

This dismissal obviates the need for the Court to rule on Plaintiff’s claims

26 regarding an alleged endangerment to the environment in resolving the Parties pending cross27 motions for summary judgment (Dkt. Nos. 40 and 51); and,
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STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES

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(3)

Except as specifically provided in their Settlement Agreement and Release, the

2 Parties will each bear their own attorneys’ fees and costs in connection with the claims dismissed
3 in this stipulation.
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IT IS SO ORDERED.

5 DATED: February 7, 2020
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STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES