Californians for Alternatives to Toxics v. Hilfiker Pipe Company et al

Filing 49

STIPULATION AND ORDER re 47 Stipulation to Dismiss. Signed by Judge Jon S. Tigar on April 17, 2017. (wsn, COURT STAFF) (Filed on 4/17/2017)

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1 2 3 4 5 6 7 ANDREW L. PACKARD (State Bar No. 168690) WILLIAM N. CARLON (State Bar No. 305739) Law Offices of Andrew L. Packard 245 Kentucky Street, Suite B3 Petaluma, CA 94952 Tel: (707) 782-4060 Fax: (707) 782-4062 E-mail: Attorneys for Plaintiff CALIFORNIANS FOR ALTERNATIVES TO TOXICS 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 CALIFORNIANS FOR ALTERNATIVES TO TOXICS, Plaintiff, vs. HILFIKER PIPE CO., 17 18 19 20 21 STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; [PROPOSED] ORDER GRANTING DISMISSAL WITH PREJUDICE [FRCP 41(a)(2)] Defendant. 15 16 Case No. 3:16-CV-04152-JST Plaintiff Californians for Alternatives to Toxics (“CATs”) and Defendant in the abovecaptioned action, stipulate as follows: WHEREAS, on or about May 23, 2016, CATs provided Defendant with a Notice of Violations and Intent to File Suit (“CWA 60-Day Notice Letter”) under Section 505 of the Federal Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365; WHEREAS, on July 23, 2016, CATs filed its Complaint against Defendant in this Court and 22 said Complaint incorporated by reference all of the allegations contained in CATs’ CWA 60-Day 23 Notice Letter; 24 WHEREAS, CATs and Defendant, through their authorized representatives and without 25 either adjudication of CATs’ claims or admission by Defendant of any alleged violation or other 26 wrongdoing, have chosen to resolve in full by way of settlement the allegations of CATs as set forth 27 in CATs’ CWA 60-Day Notice Letter and Complaint, thereby avoiding the costs and uncertainties of 28 further litigation. A copy of the Parties’ proposed settlement agreement (“Settlement Agreement”) -1STIPULATION RE DISMISSAL Case No. 3:16-CV-04152-JST 1 2 3 4 5 6 entered into by and between CATs and Defendant is attached hereto as Exhibit A and incorporated by reference; WHEREAS, CATs has submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice (“the agencies”) and the 45-day review period set forth at 40 C.F.R. § 135.5 has now expired; NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the 7 Parties that CATs’ claims, as set forth in its CWA 60-Day Notice Letter and Complaint, be 8 dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties 9 respectfully request an order from this Court dismissing such claims with prejudice. In accordance 10 with Paragraph 13 of the Settlement Agreement, the Parties also request that this Court retain and 11 have jurisdiction over the Parties through November 1, 2019, for the sole purpose of resolving any 12 disputes between the Parties with respect to enforcement of any provision of the Settlement 13 Agreement. 14 Dated: April 14, 2017 15 LAW OFFICES OF ANDREW L. PACKARD 16 By: /s/ William N. Carlon William N. Carlon Attorneys for Plaintiff 17 18 19 Respectfully submitted, Dated: April 14, 2017 20 THE ARNOLD LAW PRACTICE By: /s/ James R. Arnold James R. Arnold Attorneys for Defendant 21 22 23 ATTESTATION FOR E-FILING 24 25 26 27 I hereby attest pursuant to Civil L.R. 5-1(i)(3) that I have obtained concurrence in the filing of this document from the other Signatory prior to filing. Dated: April 14, 2017 By: /s/ William N. Carlon 28 -2STIPULATION RE DISMISSAL Case No. 3:16-CV-04152-JST 1 2 3 4 5 6 7 8 9 10 11 12 13 [PROPOSED] ORDER Good cause appearing, and the Parties having stipulated and agreed, IT IS HEREBY ORDERED that Plaintiff Californians for Alternatives to Toxics’ claims against Defendant Hilfiker Pipe Co., as set forth in CATs’ CWA 60-Day Notice Letter and Complaint, are hereby dismissed with prejudice, each side to bear their own attorney fees and costs, except as provided for by the terms of the accompanying Settlement Agreement. IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the Parties with respect to disputes arising under the Settlement Agreement attached to the Parties’ Stipulation to Dismiss as Exhibit A until November 1, 2019. IT IS SO ORDERED. Dated: April 17, 2017 14 _______________________________________ JON S. TIGAR UNITED STATES DISTRICT COURT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION RE DISMISSAL Case No. 3:16-CV-04152-JST

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