Baykeeper v. Bae Systems San Francisco Ship Repair, Inc.

Filing 4

ORDER Initial Case Management Conference set for 4/13/2012 02:30 PM. (tf, COURT STAFF) (Filed on 11/8/2011)

1
2
3
4
5
6
7

Jason Flanders (Bar No. 238007)
Andrea Kopecky (Bar No. 276366)
SAN FRANCISCO BAYKEEPER, INC.
785 Market Street, Suite 850
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
BAYKEEPER

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14

BAYKEEPER, a non-profit corporation,

Civil Case No. C 11-05184-SI

Plaintiff,

Hon. Susan Illston
NOTICE OF SETTLEMENT;
REQUEST TO VACATE INITIAL
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES

v.

15
16
17

BAE SYSTEMS SAN FRANCISCO SHIP
REPAIR, INC.,
Defendant.

18

u
Judge S

RT

25

on

san Illst

NO

24

I

26

H

ER

27

FO

23

ERED

ORD
T IS SO

R NIA

S
UNIT
ED

22

TC

RT
U
O

21

E
AT
T

LI

20

the initial case management conference is set for April 13, 2012,
at 2:30 p.m.
S DISTRIC

A

19

N

F
D IS T IC T O
R

C

28
Civil Case No. C 11-05184-SI

Notice of Tentative Settlement
-1-

1
2

TO THE COURT AND TO THE PARTIES:
PLEASE TAKE NOTICE

3

have reached

4

a settlement in this action, whose specific terms are set forth in a [Proposed] Consent Decree that has

5

been executed by the Parties. As required by federal law, a copy of the [Proposed] Consent Decree

6

has been sent to the U.S. Department of Justice and to the U.S. Environmental Protection Agency

7
8

-day review period under Section 135.5 of Title 40
of the Code of Federal Regulations. Copies of the [Proposed] Consent Decree were sent to the

9

date. Because the Agencies interpret the 45-Day review

10

period as commencing on the date the Agencies receive the [Proposed] Consent Decree, Plaintiff will

11

promptly notify the Court in writing upon expiration of the 45-Day review period, and shall advise

12

the Court as to whether any objections were received from the Agencies. Upon expiration of the 45-

13

Day review period, Plaintiff will also file the [Proposed] Consent Decree, along with a [Proposed]

14

Order entering the Consent Decree and dismissing this case, for the consideration, approval, and

15

execution by the Court. The Court may sign and enter the Consent Decree after the 45-Day review

16

period has expired. See 40 C.F.R. § 135.5; 33 U.S.C. § 1365(c)(3).

17

Consistent with the impending settlement of this action, the Parties hereby respectfully request

18

that the Court vacate from its calendar the February 3, 2011 Initial Case Management Conference and

19

ADR Deadlines. Should the Court require any additional information, the undersigned will be

20

pleased to provide it upon request.

21
22

Dated: November 7, 2011

Respectfully Submitted,

23
24
By:

25

Andrea Kopecky
Attorney for Plaintiff
BAYKEEPER

26
27
28

Civil Case No. C 11-05184-SI

Notice of Tentative Settlement
-2-