California Sportfishing Protection Alliance v. California Materials, Inc.

Filing 20

STIPULATION and ORDER signed by District Judge John A. Mendez on 3/15/18, ORDERING that Plaintiff is granted leave to amend its Complaint to add CMAT Mobile Crushing, Inc. and E.J. Rogers II asdefendants in this matter. Plaintiff shall file the[Proposed] First Amended Complaint within three days of entry of this order.(Kastilahn, A)

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LAWYERS FOR CLEAN WATER, INC.
Layne Friedrich (Bar No. 195431)
Caroline Koch (Bar No. 266068)
1004-A O’Reilly Avenue
San Francisco, California 94129
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
CANNATA, O’TOOLE, FICKES & ALMAZAN LLP
Therese Y. Cannata (Bar No. 88032)
Kimberly A. Almazan (Bar No. 288605)
Qwalyne E. Lawson (Bar No. 304494)
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]

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Attorney for Defendant
CALIFORNIA MATERIALS, INC.

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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
California non-profit
corporation;

Civil Case No. 2:17-cv-01397-JAM-CKD
Hon. John A. Mendez

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Plaintiff,

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vs.

STIPULATED REQUEST FOR LEAVE TO FILE
[PROPOSED]FIRST AMENDED COMPLAINT;
ORDER GRANTING LEAVE TO AMEND

CALIFORNIA MATERIALS, INC., a
California corporation,
Civil Local Rule 137(c)
Defendant.

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Plaintiff California Sportfishing Protection Alliance and

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Defendant California Materials, Inc. (collectively the “Parties”) in

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the above-entitled action submit this Stipulation Re: First Amended

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Complaint and [Proposed] Order.

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WHEREAS, on July 7, 2017, Plaintiff California Sportsfishing

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Protection Alliance (“Plaintiff” or “CSPA”) filed a Complaint against

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California Materials, Inc. (“Defendant”) alleging it is the owner and

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operator of the facility located at 3535 Pearlman Drive, in Stockton,

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California (the “Facility”) (see Dkt. No. 1);

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WHEREAS, the Complaint alleges Defendant’s violations of

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California’s General Permit for Discharges of Storm Water Associated

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with Industrial Activities (National Pollution Discharge Elimination

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System (“NPDES”) General Permit No. CAS000001, Water Quality Order

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No. 92-12-DWQ, as amended by Order No. 97-03-DWQ, as amended by Order

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No. 2014-0057-DWQ) (hereinafter “Storm Water Permit”) and the Clean

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Water Act at the Facility;

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WHEREAS, on August 14, 2017, Defendant filed its Answer to the
Complaint (see Dkt. No. 6);

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WHEREAS, Defendant’s response to discovery propounded by

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Plaintiff states, in part, that it is not the owner or operator of

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the Facility, and that an affiliated entity, CMAT Mobile Crushing,

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Inc. has been and is the owner and operator of the Facility;

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WHEREAS, based, in part, on information publicly available to

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Plaintiff including documents submitted by Defendant pursuant to the

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Storm Water Permit, Plaintiff is informed and believes and thereon

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alleges in the [Proposed] First Amended Complaint that E.J. Rogers II

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is an owner and/or operator of the Facility;

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WHEREAS, based, in part, on representations made by Defendant,
Stipulated Request for Leave to Amend

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Case No. 2:17-cv-01397-JAM-CKD

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on December 5, 2017, CSPA sent a Supplemental Notice Letter

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(“Supplemental Notice Letter”) to Defendant California Materials,

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Inc., and CMAT Mobile Crushing, Inc., and E.J. Rogers II

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(collectively “Proposed Defendants”) informing them of allegedtheir

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violations of the Storm Water Permit as owners and/or operators of

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the Facility;

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WHEREAS, more than sixty (60) days have passed since the

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Supplemental Notice Letter was served on Proposed Defendants and the

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State and Federal agencies. See Section 505(b) of the CWA, 33 U.S.C.

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§ 1365(b)(1)(A);
WHEREAS, on March 12, 2018, Plaintiff, Defendant, and the

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Proposed Defendants conducted a settlement conference before the

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Honorable Magistrate Judge Carolyn Delaney (see Dkt. No 13);

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WHEREAS, the Parties reached a settlement of the action (see
Dkt. No 18);
WHEREAS, the settlement includes all parties named in

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Plaintiff’s Supplemental Notice Letter, California Materials, Inc.,

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CMAT Mobile Crushing, Inc., and E.J. Rogers II, as well as a

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stipulated dismissal of the claims alleged in Plaintiff’s

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Supplemental Notice Letter and [Proposed] First Amended Complaint

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(“Stipulated Dismissal and Settlement Agreement”);

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WHEREAS, on March 13, 2018, Plaintiff served copies of the

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Stipulated Dismissal and Settlement Agreement via U.S. Certified Mail

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to the U.S. Department of Justice and the U.S. Environmental

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Protection Agency (collectively “Federal Agencies”) for the 45-day

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review period set out in 40 C.F.R. § 135.5(a);

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WHEREAS, pursuant to the Court’s September 13, 2017, Status
(Pre-trial Scheduling) Order (Dkt. No. 9), leave of court with good
Stipulated Request for Leave to Amend

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Case No. 2:17-cv-01397-JAM-CKD

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cause showing is required for the joinder of CMAT Mobile Crushing,

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Inc. and E.J. Rogers II as defendants in this matter;

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WHEREAS, good cause exists for the requested amendment because

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the Parties seek leave to amend to add CMAT Mobile Crushing, Inc. and

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E.J. Rogers II as defendants in this matter via the [Proposed] First

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Amended Complaint to ensure a full and final settlement, as these

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additional corporate entities are parties to the Stipulated Dismissal

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and Settlement Agreement;

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WHEREAS, Plaintiff’s [Proposed] First Amended Complaint is
attached hereto as Exhibit A;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among

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the Parties that the Court grant Plaintiff leave to amend its

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Complaint and permit Plaintiff to file the [Proposed] First Amended

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Complaint, the form of which attached hereto as Exhibit A, within

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three (3) days of the Court’s entry of the [Proposed] Order Granting

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Leave to Amend filed concurrently herewith.

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Respectfully submitted,
Dated: March 14, 2018

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LAWYERS FOR CLEAN WATER, INC.
/s/Layne Friedrich
Layne Friedrich
Attorney for Plaintiff

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Dated: March 14, 2018
CANNATA, O’TOOLE, FICKES & ALMAZAN LLP
/s/Kimberly A. Almazan (authorized on 3/14/2018
Kimberly A. Almazan
Attorney for Defendant and
Proposed Defendants

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Stipulated Request for Leave to Amend

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Case No. 2:17-cv-01397-JAM-CKD

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ORDER GRANTING LEAVE TO AMEND
Based on the above stipulation of the Parties, and good cause
showing:
IT IS HEREBY ORDERED that Plaintiff is granted leave to amend

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its Complaint to add CMAT Mobile Crushing, Inc. and E.J. Rogers II as

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defendants in this matter;

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IT IS FURTHER HEREBY ORDERED that Plaintiff shall file the

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[Proposed] First Amended Complaint attached as Exhibit A to the

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Parties’ Stipulated Request for Leave to File [Proposed] First

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Amended Complaint within three (3) days of entry of this order.

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IT IS SO ORDERED.

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Dated: 3/15/2018

/s/ John A. Mendez_________________
JOHN A. MENDEZ
United States District Court Judge
Eastern District of California

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[Proposed] Order Granting Leave to Amend

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Case No. 2:17-cv-01397-JAM-CKD