Californians for Alternatives to Toxics v. Schneider Dock & Intermodal Facility, Inc. et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER (For Leave To File First Amended Complaint) filed by Californians for Alternatives to Toxics. Signed by Judge Jon S. Tigar on December 18, 2017. (wsn, COURT STAFF) (Filed on 12/18/2017)

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIANS FOR
ALTERNATIVES TO TOXICS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIANS FOR
ALTERNATIVES TO TOXICS,

Case No. 3:17-cv-05287-JST
STIPULATION FOR LEAVE TO FILE
FIRST AMENDED COMPLAINT

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Plaintiff,

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Hon. Judge Jon S. Tigar

vs.
SCHNEIDER DOCK & INTERMODAL
FACILITY, INC. and RYAN
SCHNEIDER,

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Defendants,
Plaintiff Californians for Alternatives to Toxics ("Plaintiff") and Schneider Dock &
Intermodal Facility and Ryan Schneider (“Defendants”) by and through their respective
counsel, hereby stipulate and agree as follows:

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WHEREAS on July 13, 2017 Plaintiff provided David Schneider and Ryan
Schneider with Plaintiff’s Notice of Violations and Intent to File Suit (“NOV”);
WHEREAS on September 12, 2017 Plaintiff filed its Complaint in this matter
(Docket No. 1), setting forth causes of action under the Federal Water Pollution Control

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Act, 33 U.S.C. §§ 1251 to 1387 against only Schneider Dock & Intermodal Facility, Inc.
STIPULATION ALLOWING PLAINTIFF
TO FILE FIRST AMENDED COMPLAINT

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Case No. 3:17-cv-05287-JST

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and Ryan Schneider;
WHEREAS on October 30, 2017, Defendants filed with this Court (Docket No. 15)

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their answer responding to the Complaint;
WHEREAS Plaintiff now seeks to amend the Complaint to include David Schneider
as an owner of the owner of Defendants’ facility.
WHEREAS after a responsive pleading is filed, Federal Rule of Civil Procedure

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15(a)(2) allows a party to amend its pleading only with the opposing party’s written
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consent or the court’s leave.

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The parties stipulate and agree as follows:

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(1) Plaintiff may file a first amended complaint naming David Schneider as an

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additional Defendant in this matter.
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IT IS SO STIPULATED.

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Dated: December 18, 2017

Respectfully Submitted,

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LAW OFFICES OF ANDREW L. PACKARD

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By:

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Dated: December 18, 2017

CANNATA O’TOOLE FICKES ALMAZAN
By:

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_/s/ Andrew L. Packard________
Andrew L. Packard
Attorneys for Plaintiff
CALIFORNIANS FOR
ALTERNATIVES TO TOXICS

/s/Therese Y. Cannata
__
Therese Y. Cannata
Attorneys for Defendants
SCHNEIDER DOCK & INTERMODAL
FACILITY and RYAN SCHNEIDER

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ATTESTATION FOR E-FILING
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.

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DATED: December 18, 2017

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By: /s/ Andrew L. Packard______

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STIPULATION ALLOWING PLAINTIFF
TO FILE FIRST AMENDED COMPLAINT

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Case No. 3:17-cv-05287-JST

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ORDER APPROVING STIPULATION
Good cause appearing to allow Plaintiff to file a first amended complaint, IT IS SO

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ORDERED.

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Dated: December 18, 2018

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Jon S. Tigar
United States District Judge

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STIPULATION ALLOWING PLAINTIFF
TO FILE FIRST AMENDED COMPLAINT

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Case No. 3:17-cv-05287-JST