San Francisco Baykeeper v. Syar Industries Inc

Filing 20

Order vacating case management conference and setting 12/23/14 as the deadline to enter proposed consent decree. Signed by Judge James Donato on 11/6/2014. (jdlc3S, COURT STAFF) (Filed on 11/6/2014)

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George Torgun (Bar No. 222085)
SAN FRANCISCO BAYKEEPER
785 Market Street, Suite 850
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff:
SAN FRANCISCO BAYKEEPER

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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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SAN FRANCISCO BAYKEEPER, a non-profit
corporation,
Plaintiff,
v.
SYAR INDUSTRIES, INC.,

Civil No. C 14-00779 JD
NOTICE OF SETTLEMENT AND REQUEST
TO VACATE STATUS CONFERENCE;
[PROPOSED] ORDER

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Defendant.

Honorable James Donato

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Notice of Settlement and Request to Vacate CMC

Civil No. C 14-00779-JD

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TO THE COURT AND TO THE PARTIES:

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PLEASE TAKE NOTICE that Plaintiff San Francisco Baykeeper (“Baykeeper”) and

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Defendant Syar Indusries, Inc. (“Syar”) (collectively, the “Parties”) have reached a tentative settlement

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in this action, which has been executed by the Parties. As required by federal law, a copy of the

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[Proposed] Consent Decree has been sent to the U.S. Department of Justice and to the U.S.

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Environmental Protection Agency (collectively, “the Agencies”) for a mandatory 45-day review

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period under 33 U.S.C. § 1365(c)(3) and 40 C.F.R. § 135.5. Copies of the [Proposed] Consent Decree

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will be sent to the Agencies via U.S. Certified Mail on today’s date. Upon expiration of the 45-day

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review period, the Parties will jointly request that the Court (1) approve and execute an Order

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dismissing the Complaint, and (2) approve and execute the [Proposed] Consent Decree which provides

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for continuing Court jurisdiction over any disputes which may arise between the parties under the

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agreement.

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In light of the 45-day statutory review period, which ends on December 18, 2014, Plaintiff

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respectfully requests that the Court vacate from its calendar the November 19, 2014 Case Management

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Conference and associated deadlines, and issue an order that the Parties have until December 23, 2014

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to file a motion to enter the [Proposed] Consent Decree.

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WHEREFORE, Plaintiff respectfully requests the Court to approve and enter the Proposed
Order below.

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Dated: November 3, 2014

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Respectfully submitted,
By:

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/s/ George Torgun
George Torgun
Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

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Notice of Settlement and Request to Vacate CMC

Civil No. C 14-00779-JD

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that the Case Management Conference set for November 19, 2014

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and all associated deadlines are vacated. The Court sets December 23, 2014 as the deadline for the

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Parties to file a motion to enter the [Proposed] Consent Decree.

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IT IS SO ORDERED.

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____________________________________
Honorable James Donatoto
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UniteduStatesaDistrict Judge
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ERED

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NORTHERN DISTRICT OF CALIFORNIA

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Date: ______________
11/6/14

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Notice of Settlement and Request to Vacate CMC

Civil No. C 14-00779-JD

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