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

Filing 36

STIPULATION AND ORDER Dismissing Plaintiffs' Claims against M&M Services, Inc. re 35 . M & M Services, Inc. Terminated. Signed by Judge Thelton E. Henderson on 09/10/2012. (tmi, COURT STAFF) (Filed on 9/11/2012)

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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 Plaintiffs
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE and PETALUMA RIVER COUNCIL
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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

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

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ST
CLAIMS AGAINST M&M SERVICES, INC.;
[PROPOSED] ORDER GRANTING
DISMISSAL OF CLAIMS AGAINST M&M
SERVICES, INC.
[FRCP 41(a)(2)]
Honorable Judge Thelton E. Henderson

Defendants.

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Case No. C11-02949 TEH

WHEREAS, on or about September 30, 2010, Plaintiffs California Sportfishing Protection
Alliance

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-Day Notice Letter

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WHEREAS, on or about May 6, 2011, CSPA and Petaluma River Council provided an
additional 60-Day Notice Letter under Section 505 of the Act to Shiloh Road LLC;

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Stipulation t
Against
M&M Services, Inc.; [Proposed] Order Granting
Dismissal of Claims Against M&M Services, Inc.

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Case No. C11-02949 TEH

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WHEREAS, on June 15, 2011, CSPA and Petaluma River Council filed their Complaint in

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this action

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Notice.

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WHEREAS, on December 6, 2011, CSPA and Petaluma River Council filed their First
Amended Complaint adding Shiloh Road LLC as a defendant.
WHEREAS, CSPA, Petaluma River Council, and M&M, through their authorized

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representatives and without either adjudication of

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M&M of any alleged violation or other wrongdoing, have chosen to resolve in full by way of

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laims or admission by Defendant

against Defendant M&M as set forth in the Notice and Complaint,
thereby avoiding the costs and uncertainties of further litigation. A copy of the Settlement
Agreement and Mutual Release of C

entered into by and between

CSPA, Petaluma River Council, and M&M is attached hereto as Exhibit 1 and incorporated by
reference.
WHEREAS, 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 the 45-day review period set
forth at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to
the Court indicating that they have no objection to the terms of the Settlement Agreement.

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against Defendant M&M, pursuant to Paragraph 3 of the Settlement Agreement, Plaintiffs have

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agreed to file a subsequent stipulated dismissal of the claims against Shiloh Road LLC pursuant to

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Federal Rule of Civil Procedure 41(a)(1), resolving the case in full.

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between CSPA,

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Petaluma River Council, and M&M that

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and Complaint, be dismissed by the Court. CSPA, Petaluma River Counsel and M&M respectfully

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request an order from this Court dismissing such claims against Defendant M&M pursuant to

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Federal Rule of Civil Procedure 41(a)(2). In accordance with paragraph 2 of the Settlement

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Agreement, the parties also request that this Court maintain jurisdiction over CSPA, Petaluma River
Stipulation t
Against
M&M Services, Inc.; [Proposed] Order Granting
Dismissal of Claims Against M&M Services, Inc.

claims against M&M, as set forth in the Notice

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Case No. C11-02949 TEH

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Counsel and M&M and this action through December 18, 2015, for the sole purpose of resolving

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any disputes between the parties with respect to enforcement of any provision of the Settlement

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Agreement.

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Dated: September 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 9/6/12)
Attorney for Defendant M&M SERVICES, INC.

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[PROPOSED] ORDER

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Good cause appearing, and the parties having stipulated and agreed,
IT IS HEREBY ORDERED that Plaintiffs

and

claims against Defendant M&M Services, Inc., as set forth in the Notice

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and Complaint filed in Case No. C11-10364, are hereby dismissed pursuant to Federal Rule of Civil

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Procedure 41(a)(2).

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IT IS FURTHER ORDERED that the Court shall retain jurisdiction over California
Sportfishing Protection Alliance, Petaluma River Council, and M&M Services, Inc. through

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December 18, 2015 for the sole purpose of enforcing compliance by California Sportfishing

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Protection Alliance, Petaluma River Council, and M&M Services, Inc. with the terms of the

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Settlement Agreement, attached to the Stipulation to Dismiss as Exhibit 1, which Settlement

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Agreement is hereby incorporated by reference.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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09/10
Dated: _________________, 2012

_______________________
Thelton E. Henderson, United States District Court Judge
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