Baykeeper et al v. City of Richmond et al

Filing 43

ORDER GRANTING PLAINTIFFS AND DEFENDANT CITY OF RICHMOND'S STIPULATION TO AMEND SETTLEMENT AGREEMENT AND TO CONTINUE PLAINTIFFS' MOTION FOR CIVIL CONTEMPT. Signed by Judge Maxine M. Chesney on 10/27/2017. (mmclc2, COURT STAFF) (Filed on 10/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO BAYKEEPER, a nonprofit corporation, and WEST COUNTY
TOXICS COALITION, a non-profit
organization,

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Plaintiffs,

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v.

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Civil Case No.: 3:05-cv-03829 MMC
ORDER GRANTING PLAINTIFFS AND
DEFENDANT CITY OF RICHMOND’S
STIPULATION TO AMEND SETTLEMENT
AGREEMENT AND TO CONTINUE
PLAINTIFFS’ MOTION FOR CIVIL
CONTEMPT

CITY OF RICHMOND, a municipal
corporation; WEST COUNTY
WASTEWATER DISTRICT, a municipal
corporation; VEOLIA WATER NORTH
AMERICA OPERATING SERVICES, a
limited liability corporation; and WEST
COUNTY AGENCY, a joint powers
agency,

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Defendants.

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Good cause appearing, and based on the stipulation of the parties,

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IT IS ORDERED that consistent with the Amendment to the October 17, 2006 Settlement

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Agreement entered into by Plaintiffs and Defendant City of Richmond, and attached as Exhibit A

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to the October 2017 stipulation submitted by Plaintiffs and Defendant City of Richmond, the

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October 17, 2006 Settlement Agreement (Docket No. 32-1) is modified as follows:
A.

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The Termination Date set forth in Paragraph 10 of the October 17, 2006

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Settlement Agreement is extended to June 9, 2018 as applicable to Richmond and

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no other Defendants.
Consistent with this Court’s December 8, 2006 Order (Docket No. 32) and October 30,

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1498739.3

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Order Granting Stipulation Re Am. Settlement Agreement and Pls.’ Mot. for Civil Contempt
Case No. 3:05-cv-03829 MMC
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2014 Order (Docket No. 35), this Court will continue to retain jurisdiction over Plaintiffs’ First,
Second, Third, Fourth, Fifth, Sixth, Seventh, Tenth, Eleventh, Twelfth, Thirteenth and Fourteenth
claims against Defendants (other than allegations related to biosolids and effluent monitoring
dismissed pursuant to the Prior Settlement Agreement and the Court’s July 5, 2006 Order) for the
sole purpose of resolving any disputes between the Parties with respect to enforcement of any
provision of the amended October 17, 2006 Settlement Agreement.

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IT IS FURTHER ORDERED that Plaintiffs and Defendant City of Richmond are assigned
to Magistrate Judge Maria-Elena James for purposes of conducting a settlement conference.

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IT IS FURTHER ORDERED that the briefing schedule and hearing on Plaintiffs’ Motion
for an Order Finding Defendant City of Richmond in Civil Contempt (“Motion”) (Docket No.
38), rescheduled by the Court for December 8, 2017 at 9:00 a.m. (Docket No. 39), shall be
continued to allow the Parties to hold a settlement conference before the above appointed
Magistrate Judge and/or until as otherwise notified by one or both Parties. Should either party
conclude that the Parties will not achieve resolution of the Motion via the settlement conference
process, one or both Parties will notify the Court with a revised hearing date and briefing
schedule. Either party may request that the Court re-calendar the hearing on Plaintiff’s Motion
following ten (10) days written notice to the other party. Re-calendaring must afford Richmond
at least fourteen (14) days to file its opposition to Plaintiff’s Motion.

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IT IS SO ORDERED
Dated: October 27, 2017

NORTHERN DISTRICT OF CALIFORNIA

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_____________________________________
Honorable Maxine M. Chesney
United States District Court
Northern District of California

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1498739.3

Order Granting Stipulation Re Am. Settlement Agreement and Pls.’ Mot. for Civil Contempt
Case No. 3:05-cv-03829 MMC
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