Ecological Rights Foundation v. Mad River Lumber LLC et al

Filing 30

Order by Magistrate Judge Robert M. Illman granting 29 Stipulation.(rmilc1, COURT STAFF) (Filed on 2/12/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

EUREKA DIVISION

7
8

ECOLOGICAL RIGHTS FOUNDATION,
Plaintiff,

9
10

United States District Court
Northern District of California

11
12

v.
MAD RIVER LUMBER LLC, et al.,
Defendants.

Case No. 17-cv-04031-RMI
ORDER APPROVING CONSENT
DECREE AND GRANTING DISMISSAL
WITH PREJUDICE PURSUANT TO
FRCP 41(A)(2)
Re: Dkt. No. 29

13
14
15

The Parties have consented to entry of the foregoing Consent Agreement and have
requested the Court’s approval and entry thereof.

16

Pursuant to 33 U.S.C. § 1365, Plaintiff Ecological Rights Foundation (“EcoRights”) has

17

served the Complaint herein on the United States Attorney General and the Administrator of the

18

United States Environmental Protection Agency.

19

Pursuant to 33 U.S.C. § 1365(c)(3), at least 45 days have elapsed since the United States

20

Attorney General was served on December 22, 2017, and the Administrator of the United States

21

Environmental Protection Agency was served on December 21, 2017, with copies of the

22

[Proposed] Consent Agreement.

23

The Court has reviewed the Consent Agreement, and fully considered all comments

24

received thereon to date from the Parties hereto, the United States Attorney General and

25

the United States Environmental Protection Agency.

26

The Court has fully considered the Parties’ request to enter this Consent Agreement as an

27

order, and the Court finds the Consent Agreement to be: (1) fair, adequate and reasonable; (2)

28

consistent with applicable laws; and (3) protective of the public interest.

1

Accordingly, it is ORDERED as follows:

2

1. THIS CONSENT AGREEMENT IS HEREBY APPROVED AND JUDGMENT
IS ENTERED IN ACCORDANCE THEREWITH. This Order of approval is in lieu of a
signature by the Court on page 25 of the Consent Agreement;

3
4
5
6
7
8

2. Plaintiff Ecological Rights Foundation’s claims against Mad River Lumber, LLC
and Tap Ventures, LLC (collectively “Defendants”) as set forth in the Notice and/or
Complaint filed in this matter, are hereby dismissed with prejudice, and
3. This Court shall retain and have jurisdiction over EcoRights and Defendants with
respect to implementation of the terms of their Consent Agreement and the resolution of
any disputes that may arise under that Consent Agreement attached to the parties’
Stipulation to Dismiss as Exhibit A.
IT IS SO ORDERED.

9
Dated: February 12, 2018
10

United States District Court
Northern District of California

11
12

ROBERT M. ILLMAN
United States Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2