California Sportfishing Protection Alliance et al v. M & M Services, Inc.

Filing 33

STIPULATION AND ORDER Staying Proceedings and Vacating Existing Deadlines; Notice of Settlement. Case stayed until 08/29/2012. Signed by Judge Thelton E. Henderson on 07/09/2012. (tmi, COURT STAFF) (Filed on 7/10/2012)

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Michael R. Lozeau (State Bar No. 142893)
Richard T. Drury (State Bar No. 163559)
Douglas J. Chermak (State Bar No. 233382)
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone] (fax)
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE and PETALUMA RIVER COUNCIL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation, and PETALUMA RIVER
COUNCIL, an unincorporated association,

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Plaintiffs,

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vs.

Defendants.

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NOTICE OF SETTLEMENT; STIPULATION
AND [PROPOSED] ORDER STAYING
PROCEEDINGS AND VACATING EXISTING
DEADLINES
Honorable Judge Thelton E. Henderson

M&M SERVICES, INC., a corporation, and
SHILOH ROAD LLC, a limited liability
company,

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Case No. C11-02949 TEH

Further Case Management Conference:
July 16, 2012
Time: 1:30 p.m.
Courtroom: 12

PLEASE TAKE NOTICE that the parties have reached a settlement resolving all claims in

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-day review

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period required by the Federal Water Pollution Control Act, 33 U.S.C. § 1365(c)(2).1
PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment

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be entered in an action in which the United States is not a party prior to 45-days following the receipt
of a copy of the proposed consent judgment by
Notice Of Settlement; Stipulation and [Proposed]
Order Staying Proceedings and Vacating
Existing Deadlines

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Case No. C11-02949 TEH

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disposing of this action may be entered prior to 45 days following the receipt of the proposed

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settlement agreement by the United States Department of Justice and the national and Region IX

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offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 (requiring the

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parties to provide notice to the court of the 45-day agency review period under 33 U.S.C. § 1365(c)).

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Such notice was mailed to the agencies on July 6, 2012

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end by approximately August 29, 2012 (allowing forty-five days for agency review and

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approximately nine days for mailing time). If any of the reviewing agencies object to the proposed

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Settlement Agreement, the parties would require additional time to meet and confer and attempt to

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-day review period, the parties will file either a

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Stipulation fo

or a notice

that the agencies objected to the proposed Settlement Agreement.
In light of the settlement agreement entered into by the parties and the need to await the
conclusion of

-day review period, Plaintiffs California Sportfishing Protection

Alliance and Petaluma River Council (collectively CSPA
M&M

s M&M Services, Inc.

and Shiloh Road, LLC, through their respective counsel, stipulate and agree as follows:

WHEREAS, on June 15, 2011, CSPA filed its complaint in this action;
WHEREAS, on December 6, 2011, CSPA filed an amended complaint naming Shiloh Road
LLC as a defendant;
WHEREAS, the parties have been diligently engaged in settlement discussions;
WHEREAS, Plaintiffs and Defendant M&M successfully completed and executed a
Settlement Agreement on July 6, 2012.
WHEREAS, the Settlement Agreement also would resolve the claims alleged against Shiloh
Road, LLC;
WHEREAS, on July 6, 2012, the parties submitted the Settlement Agreement via certified
mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and must now
await the completion of the 45-day review period set forth at 40 C.F.R. § 135.5 and 33 U.S.C. §
1365(c)(2);
Notice Of Settlement; Stipulation and [Proposed]
Order Staying Proceedings and Vacating
Existing Deadlines

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Case No. C11-02949 TEH

WHEREAS, in the interests of efficiency and judicial economy, the parties wish to preserve

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costs incurred in this matter pending the agencies review of the executed settlement agreement;
WHEREAS, in

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reement and the need to

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allow the federal agencies 45 days to review the Settlement Agreement, the parties further request

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that the Court immediately stay all proceedings in this action until August 29, 2012, by which date

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the parties expect to have filed a

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Court.

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laims with the

THEREFORE, IT IS HEREBY STIPULATED by and between CSPA, Petaluma River
Council, M&M and Shiloh Road LLC, through their respective counsel of record, that the Court stay

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all proceedings in this action until August 29, 2012, and, with the exception of this Stipulation,

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vacate all deadlines and dates currently scheduled by the Court.

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July 6, 2012

Respectfully submitted,

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/s/ Michael R. Lozeau
Michael R. Lozeau
Attorney for Plaintiffs CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE and
PETALUMA RIVER COUNCIL

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/s/ Hans W. Herb
(as authorized on 7/6/12)
Attorney for Defendant M&M SERVICES, INC.

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/s/ Robert C. Goodman
(as authorized on 7/6/12)
Attorney for Defendant SHILOH ROAD, LLC

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07/09/2012
Dated: _________________

ISTRIC
ES D
TC
AT
T

UNIT
ED

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
RT
U
O

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Notice Of Settlement; Stipulation and [Proposed]
Order Staying Proceedings and Vacating
Existing Deadlines

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A

H

ER

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FO

NO

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R NIA

_______________________
Thelton E. Henderson enderson
.H
helton E
United Statese District Court Judge
Judg T
N

C
OF
D ICase No. C11-02949 TEH
S T RICT