San Francisco Baykeeper v. Taylor

Filing 21

STIPULATION AND ORDER re 20 Notice (Other) filed by San Francisco Baykeeper. Signed by Magistrate Judge Maria-Elena James on 9/20/2016. (rmm2S, COURT STAFF) (Filed on 9/20/2016)

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Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)
SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys 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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OAKLAND DIVISION

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SAN FRANCISCO BAYKEEPER, a non-profit
corporation,

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Plaintiff,

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v.
JAMES F. TAYLOR dba PINOLE RODEO
AUTO WRECKERS,

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Defendant.

Civil No. 3:15-cv-05825-MEJ
NOTICE OF SETTLEMENT AND
REQUEST TO VACATE TIME TO
RESPOND TO COMPLAINT AND CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
(Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq.)
Honorable Maria-Elena James

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Notice of Settlement & Request to Vacate Time to Respond to Complaint & CMC
Civil No. 3:15-cv-05825-MEJ

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TO THE COURT AND TO THE PARTIES:

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PLEASE TAKE NOTICE that Plaintiff San Francisco Baykeeper and Defendant James F.

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Taylor dba Pinole Rodeo Auto Wreckers (collectively, the “Parties”) have reached a tentative

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

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of the [Proposed] Settlement Agreement has been sent to the U.S. Department of Justice and to the

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U.S. 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] Settlement

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

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the 45-day review period, Plaintiff will request that the Court (1) approve and execute the [Proposed]

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Settlement Agreement which provides for continuing Court jurisdiction over any disputes which may

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arise between the Parties under the agreement, and (2) approve and execute an Order dismissing the

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Complaint.

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Therefore, in light of the 45-day statutory review period, which ends on approximately

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November 3, 2016, Plaintiff requests that the Court vacate from its calendar Defendant’s deadline to

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respond to the complaint on September 26, 2016, and the December 1, 2016 Case Management

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Conference and associated deadlines, and issue an order that Plaintiff has until November 15, 2016 to

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file a request to enter the [Proposed] Settlement Agreement.

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WHEREFORE, Plaintiff respectfully requests that the Court approve and enter the Proposed
Order below.
DATE: September 19, 2016

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Respectfully Submitted,
/s/ Nicole C. Sasaki

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Nicole C. Sasaki
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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Notice of Settlement & Request to Vacate Time to Respond to Complaint & CMC
Civil No. 3:15-cv-05825-MEJ

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that Defendant’s deadline to respond to the complaint on

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September 26, 2016 and the Case Management Conference set for December 1, 2016 and all

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associated deadlines are vacated. The Court sets November 15, 2016 as the deadline for Plaintiff to

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file a request to enter the [Proposed] Settlement Agreement.

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IT IS SO ORDERED.

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September 20, 2016
Date: ____________________

NORTHERN DISTRICT OF CALIFORNIA

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_____________________________________
Honorable Maria-Elena James
United States District Court

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Notice of Settlement & Request to Vacate Time to Respond to Complaint & CMC
Civil No. 3:15-cv-05825-MEJ