San Francisco Herring Association v. United States Department of the Interior et al

Filing 131

STIPULATION AND ORDER re 130 STIPULATION WITH PROPOSED ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL JUDGMENT filed by San Francisco Herring Association. Signed by Judge Jon S. Tigar on June 3, 2015. (wsn, COURT STAFF) (Filed on 6/3/2015)

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STUART G. GROSS (#251019)
[e-mail]
DANIEL C. GOLDBERG (#287923)
[e-mail]
GROSS LAW, P.C.
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]

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Counsel for Plaintiff
SAN FRANCISCO HERRING
ASSOCIATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GROSS LAW, P.C.
THE EMBARCADERO, PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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SAN FRANCISCO DIVISION

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SAN FRANCISCO HERRING
ASSOCIATION,

Case No. 13-1750 (JST)

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Plaintiff,
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v.

STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITHOUT
PREJUDICE AND FINAL JUDGMENT

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UNITED STATES DEPARTMENT OF
THE INTERIOR; SALLY JEWELL, in
her official capacity as Secretary of the
Interior; UNITED STATES NATIONAL
PARK SERVICE; JONATHAN JARVIS,
in his official capacity as Director of the
National Park Service; and FRANK DEAN,
in his official capacity as General
Superintendent of the Golden Gate National
Recreation Area,

Case Filed: April 18, 2013
Judge: Hon. Jon S. Tigar

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Defendants.

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL
JUDGMENT; CASE NO. 13-1750 (JST)

STIPULATION

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WHEREAS, on April 18, 2013, Plaintiff the San Francisco Herring

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Association (“Plaintiff”) filed this lawsuit in the United States District Court for

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the Northern District of California, Case No. 13-cv-01750-JST against Defendants

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National Park Service (the “NPS”), et al. (collectively “Defendants”);

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WHEREAS, on July 10, 2013, Plaintiff filed the operative First Amended

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Complaint (the “Complaint”) asserting two causes of action: (1) Count 1, for

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violation of Section 10(e)(2)(C) of the Administrative Procedure Act (“APA”) (5

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U.S.C. § 706(2)(C)); and (2) Count 2, for violation of 10(e)(2)(A) of the APA (5

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GROSS LAW, P.C.
THE EMBARCADERO, PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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U.S.C. § 706(2)(A)) (Dkt. 17);
WHEREAS, on March 7, 2014, the Court heard cross motions for summary

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judgment regarding the issue of whether the NPS has statutory authority and

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jurisdiction to prohibit commercial fishing in certain waters of the San Francisco

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Bay, an issue determinative of Count 1 and partially determinative of Count 2;

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WHEREAS, on April 29, 2014, the Court granted Defendants’ motion for

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summary judgment and denied Plaintiff’s motion, finding that the NPS has such

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authority and jurisdiction (Dkt. 127);

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WHEREAS, on May 21, 2014, the Court entered judgment for Defendants

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and against Plaintiff “on the entirety of Count 1 of the Complaint, and . . . all

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portions of Count 2 of the Complaint based on allegations that the NPS exceeded

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its statutory jurisdiction or authority by prohibiting commercial fishing in the

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waters within GGNRA [(the Golden Gate Recreation Area)]” (Dkt.129);

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WHEREAS, the aforementioned judgment did not contain an express

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determination that there was no just reason for delay and so did not end the action

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as to any of the claims or parties; and

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WHEREAS, the parties have reached an agreement with respect to ending
the action;

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL
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JUDGMENT; CASE NO. 13-1750 (JST)

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THEREFORE, IT IS HEREBY STIPULATED by and between the parties,
through their designated counsel, subject to Court approval:
1. The remaining claims of Plaintiff not heretofore adjudicated or

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dismissed in this action (the remaining portions of Count 2) are hereby

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dismissed without prejudice.

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2. The parties request the Court enter final judgment in favor of Defendants
in the form submitted herewith.
IT IS SO STIPULATED.
Dated: June 3, 2015.

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By: /s/ Stuart G. Gross
Stuart G. Gross

GROSS LAW, P.C.
THE EMBARCADERO, PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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STUART G. GROSS (CSB No. 251019)
[e-mail]
GROSS LAW, P.C.
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiff

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By: /s/ Michael T. Pyle
Michael T. Pyle

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MICHAEL T. PYLE (CSB No. 172954)
[e-mail]
U.S. DEPARTMENT OF JUSTICE
UNITED STATES ATTORNEY’S OFFICE
150 Almaden Boulevard, Suite 900
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

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BRUCE D. BERNARD
[e-mail]
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT AND NATURAL

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL
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JUDGMENT; CASE NO. 13-1750 (JST)

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RESOURCES DIVISION
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendants

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ATTORNEY ATTESTATION
By the electronic signature below, counsel for Plaintiff attests that he is the CM/ECF
user whose identification and password are being used to file the instant document, and that
pursuant to Civil Local Rule 5-1(i)(3), counsel for Defendants provided their authority to file
this document.

GROSS LAW, P.C.
THE EMBARCADERO, PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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By: /s/ Stuart Gross
Stuart Gross

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ORDER

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Pursuant to the stipulation of the parties, IT IS SO ORDERED.
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Dated: June 3, 2015
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___________________________________
Honorable Jon S. Tigar
United States District Court Judge

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL
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JUDGMENT; CASE NO. 13-1750 (JST)