United States of America and the People of the State of California et al v. Kure Shipping S.A. et al

Filing 19

ORDER Granting 17 Stipulated Order to Terminate Consent Decree. Signed by Judge Jeffrey S. White on May 1, 2009. (jswlc1, COURT STAFF) (Filed on 5/1/2009)

Case 3:08-cv-01328-JSW

Document 17

Filed 04/30/2009

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOHN CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division United States Department of Justice Washington DC 20530 ANN C. HURLEY Environmental Enforcement Section United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Telephone: [phone]; Facsimile: [phone] Email: [e-mail] MICHAEL F. HERTZ Acting Assistant Attorney General R. MICHAEL UNDERHILL (State Bar. No. 104986) Attorney in Charge, West Coast Office Torts Branch, Civil Division, U.S. Department of Justice 7th Floor Federal Bldg., Room 7-5395, P.O. Box 36028 450 Golden Gate Avenue, San Francisco, CA 94102-3463 Telephone: [phone]; Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA AND THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel. the CALIFORNIA DEPARTMENT OF FISH AND GAME and the REGIONAL WATER QUALITY CONTROL BOARD FOR THE NORTH COAST REGION, ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) KURE SHIPPING S.A. and PATT MANFIELD CO., ) LTD, ) ) Defendants. ) ) ________________________________________________

CV 08-01328 JSW IN ADMIRALTY STIPULATED ORDER TO TERMINATE CONSENT DECREE

WHEREFORE, a Consent Decree in this matter was entered by the Court on May 7, 2008. WHEREFORE, pursuant to Section XV of the Consent Decree, the plaintiffs have
U.S. et al v. Kure Shipping S.A. et al, CV 08-01328 JSW Stipulated Order to Terminate Consent Decree

Case 3:08-cv-01328-JSW

Document 17

Filed 04/30/2009

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

determined that defendants have satisfactorily completed performance of defendants' requirements under the Consent Decree, including, but not limited to, payment of the amounts required under Sections VI and VII of the Consent Decree. Further, there are no outstanding stipulated penalties under Section VIII of the Consent Decree. WHEREFORE, the provisions of Section IX of the Consent Decree shall survive the termination of the Consent Decree. WHEREFORE, Section XV of the Consent Decree provided that the parties shall file a stipulation with the Court reciting that the requirements of the Consent Decree have been met. WHEREFORE, the parties have stipulated, by and through the undersigned consents of counsel, that the requirements of the Consent Decree have been met; and, based upon the foregoing, IT IS SO ORDERED that the Consent Decree in this matter is now terminated, and there being no further outstanding issues between the parties, this proceeding is hereby DISMISSED. IT IS SO ORDERED:

Dated:__Ma__1,_2009 ___ __ y _ ____

_______________________________ UNITED STATES DISTRICT JUDGE

WE HEREBY CONSENT TO ENTRY OF THE FOREGOING ORDER: Dated: April 27, 2009 JOHN CRUDEN Acting Assistant Attorney General /s/ Ann C. Hurley ANN C. HURLEY Trial Attorney Environmental Enforcement Section U.S. Department of Justice Attorneys for United States of America
U.S. et al v. Kure Shipping S.A. et al, CV 08-01328 JSW

-2-

Stipulated Order to Terminate Consent Decree

Case 3:08-cv-01328-JSW

Document 17

Filed 04/30/2009

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: April 29, 2009 EDMUND G. BROWN JR. Attorney General /s/ Anita E. Ruud ANITA E. RUUD Deputy Attorney General Attorneys for the People of the State of California, ex re. the California Department of Fish and Game and the Regional Water Quality Control Board for the North Coast Region Dated: April 27, 2009 KURE SHIPPING, S.A. PATT MANFIELD & CO. LTD By: KEESAL, YOUNG & LOGAN

By: _______/s/ Sarah Sangmeister SARAH SANGMEISTER Title: Attorneys of Record

Attestation Regarding Signature: This document is being filed electronically under my User ID and Password. Pursuant to General Order 45, Section X.B., I hereby attest that I have on file all signatures for any signatures indicated by a "conformed" signature within this document.

/s/ Ann C. Hurley ANN C. HURLEY

U.S. et al v. Kure Shipping S.A. et al, CV 08-01328 JSW

-3-

Stipulated Order to Terminate Consent Decree