San Francisco Baykeeper v. West Bay Sanitary District

Filing 194

STIPULATION AND ORDER OF DISMISSAL re 191 Notice of Voluntary Dismissal filed by San Francisco Baykeeper. Signed by Judge Edward M. Chen on 3/7/12. (bpf, COURT STAFF) (Filed on 3/7/2012)

; ORDER

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The following Stipulated Dismissal is entered into by and between Plaintiff San Francisco

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Baykeeper (“Plaintiff” or “Baykeeper”), and Defendant West Bay Sanitary District (“Defendant” or

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“West Bay”). The entities entering into this Stipulated Dismissal are each referred to herein as “Settling

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Party” and collectively as “Settling Parties.”

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WHEREAS, Baykeeper satisfied the terms of paragraph one (1) of the Settling Parties’

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Agreement by filing the Settling Parties’ Stipulation and Settlement Agreement (Dkt. No. 184-1)

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(“Agreement”) with the Court on January 12, 2012 and transmitting a copy of the Stipulation and

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Settlement Agreement to the U.S. Department of Justice and the U.S. Environmental Protection Agency

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(“the Agencies”) for the 45-day review period on January 12, 2012;

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WHEREAS, West Bay satisfied the terms of paragraph two (2) of the Settling Parties’

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Agreement by remitting payment in the amount of $435,621.37 to Baykeeper on February 29, 2012 via

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overnight delivery according to the terms of the Stipulation and Settlement Agreement;

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WHEREAS, the Settling Parties have complied with paragraph three (3) of the Settling Parties’

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Agreement that requires West Bay to transmit final payment of $964,378.63 to Baykeeper, which shall

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constitute payment in full for any liability that West Bay may have for the violations alleged in this case

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and for Baykeeper’ attorneys fees and costs of suit, and paragraph four (4) of the Settling Parties’

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Agreement that requires Baykeeper to file this Stipulated Dismissal according to the terms of the

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Stipulation and Settlement Agreement;

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NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE SETTLING PARTIES:

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1. Baykeeper’s complaint filed on December 2, 2009 with the United States District Court for

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the Northern District of California, Civil Case No.: C-09-05676 EMC, against West Bay is hereby

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dismissed with prejudice.

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Respectfully submitted,
LAWYERS FOR CLEAN WATER, INC.

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Dated: March 2, 2012

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By:

Daniel Cooper, Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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Stipulated Dismissal

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Civil Case No.: C-09-05676 EMC

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Edward M. Chen IT
U.S. District Judge
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