California River Watch v. Drakes Bay Oyster Company et al

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER Stipulation to Dismiss Action Without Prejudice and [Proposed] Order filed by Drakes Bay Oyster Company. Signed by Judge Edward M. Chen on 11/5/14. (bpf, COURT STAFF) (Filed on 11/5/2014)

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RACHEL KREVANS (CA SBN 116421)
[e-mail]
CHRISTOPHER J. CARR (CA SBN 184076)
[e-mail]
NAVI DHILLON (CA SBN 279537)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
KEVIN J. LUNNY and
DRAKES BAY OYSTER COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CALIFORNIA RIVER WATCH,
Plaintiff,

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v.

Case No.

C 14-00598 EMC

STIPULATION TO DISMISS
ACTION WITHOUT PREJUDICE
AND [PROPOSED] ORDER

KEVIN J. LUNNY; DRAKES BAY OYSTER
COMPANY; DOES 1-30, inclusive,

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Defendants.
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Pursuant to Federal Rule of Civil Procedure 41, Plaintiff California River Watch
(“Plaintiff”) and Defendants Kevin J. Lunny and Drakes Bay Oyster Company (together “Drakes
Bay”), by and through their respective counsel of record, stipulate to the following:
WHEREAS, on October 6, 2014, Drakes Bay and S.M.R. Jewell, in her official capacity
as Secretary of Interior, filed a Stipulated Request for Approval of Settlement and Entry of
Consent Decree (“Settlement”) in the following related action: Drakes Bay Oyster Company, et
al. vs. S.M.R. Jewell, et al., Case No. 12-cv-06134 YGR/DMR (N.D. Cal.);
WHEREAS, on October 8, 2014, the Hon. Yvonne Gonzalez Rogers issued an order
granting the stipulated request for approval of the Settlement and entry of consent decree;

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STIPULATION RE DISMISSAL AND [PROPOSED] ORDER
C 14-00598 EMC
sf-3471472

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WHEREAS, Plaintiff wishes to dismiss this lawsuit on the ground the terms of the
Settlement fully resolve the issues raised by this lawsuit; and

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WHEREAS, it is agreed that each party will bear its own fees and costs;

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NOW, THEREFORE, Drakes Bay and Plaintiff respectfully and jointly request that the

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Court enter the accompanying proposed order dismissing this action without prejudice.
Respectfully submitted,

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Dated: November 3, 2014
MORRISON & FOERSTER LLP

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By:

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/s/ Christopher J. Carr
CHRISTOPHER J. CARR
Attorneys for Defendants
KEVIN J. LUNNY and
DRAKES BAY OYSTER COMPANY

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Dated: November 3, 2014
LAW OFFICE OF JACK SILVER

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By:

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/s/ Jack Silver
JACK SILVER
Attorneys for Plaintiff
CALIFORNIA RIVER WATCH

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ECF ATTESTATION
I, Christopher J. Carr, hereby attest that Mr. Jack Silver, Esq., concurs in this filing. This
attestation is made pursuant to Civil L.R. 5-1(i)(3).

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By:

/s/ Christopher J. Carr
Christopher J. Carr

STIPULATION RE DISMISSAL AND [PROPOSED] ORDER
C 14-00598 EMC
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[PROPOSED] ORDER
In light of the foregoing stipulation and good cause appearing, the Court hereby GRANTS

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the parties’ stipulated request and hereby dismisses this action without prejudice. Each party

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shall bear its own fees and costs.
IT IS SO ORDERED.

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S

ER

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R NIA

EDWARD M. CHENM. Chen
United States Edward Judge
Judge District

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11/5/14
Dated:________________________

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STIPULATION RE DISMISSAL AND [PROPOSED] ORDER
C 14-00598 EMC
sf-3471472

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