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

Filing 54

STIPULATION AND ORDER re 53 STIPULATION WITH [PROPOSED] ORDER Granting Plaintiff Leave to File Second Amended Complaint (adding new defendant Schneider Dock & Industrial Park, after the April 10, 2018 Expiration of Plaintiff's 60-Day Notice of Violation) filed by Californians for Alternatives to Toxics. Signed by Judge Jon S. Tigar on April 10, 2018. (wsn, COURT STAFF) (Filed on 4/10/2018)

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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 GRANTING LEAVE TO
FILE SECOND AMENDED
COMPLAINT; [PROPOSED] ORDER
THEREON

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Plaintiff,

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

Hon. Judge Jon S. Tigar

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Defendants,

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Plaintiff Californians for Alternatives to Toxics ("Plaintiff") and Schneider Dock &

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Intermodal Facility, Ryan Schneider, and David Schneider (“Defendants”) by and through

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their respective counsel, hereby stipulate and agree as follows:

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WHEREAS, on December 21, 2017, Plaintiff filed its First Amended Complaint
(Docket No. 33) against Defendants alleging violations of the Clean Water Act;
WHEREAS, Plaintiff contends that, in January 2018, it discovered information
concerning Schneider Dock Industrial Park, LLC (“SDIP”), and likewise contends that

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SDIP has violated, and continues to violate the Clean Water Act for failure to obtain
STIPULATION GRANTING LEAVE
TO FILE SECOND AMENDED COMPLAINT

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

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NPDES permit coverage for its industrial storm water discharges in an area adjacent to
what Defendants contends is the “Facility” at issue;

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WHEREAS, on February 9, 2018 Plaintiff provided Schneider Dock Industrial Park,

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LLC with Plaintiff’s Notice of Violations and Intent to File Suit (“NOV”) alleging

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violations of the Clean Water Act and the General Permit;

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WHEREAS, pursuant to 33 U.S.C. § 1365(b) no citizen suit action to enforce the

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Clean Water Act may be commenced prior to sixty days after the plaintiff has given notice
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to EPA, the State, and the alleged violator, and thus Plaintiff may not initiate an action to

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enforce the claims alleged in the NOV until April 10, 2018;

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WHEREAS, the Court’s Scheduling Order (Docket No. 35) set the deadline to add

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parties or amend the pleadings to be February 23, 2018;
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WHEREAS, Plaintiff now seeks to amend the Complaint to include Schneider Dock
Industrial Park, LLC as a Defendant in this matter.
The parties stipulate, and good cause exists, that:

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(1) After April 10, 2018, Plaintiff may file a second amended complaint naming

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Schneider Dock Industrial Park, LLC as an additional Defendant in this matter.

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(2)

Defendants’ response thereto shall be filed within thirty (30) days after the

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second amended complaint is filed.

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IT IS SO STIPULATED.
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Dated: April 9, 2018

Respectfully Submitted,
LAW OFFICES OF ANDREW L. PACKARD
By:

STIPULATION GRANTING LEAVE
TO FILE SECOND AMENDED COMPLAINT

_/s/ Andrew L. Packard________
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Case No. 3:17-cv-05287-JST

Andrew L. Packard
Attorneys for Plaintiff
CALIFORNIANS FOR
ALTERNATIVES TO TOXICS

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Dated: April 9, 2018
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CANNATA O’TOOLE FICKES ALMAZAN
By:

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/s/Kimberly A. Almazon
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Kimberly A. Almazan
Attorneys for Defendants
SCHNEIDER DOCK & INTERMODAL
FACILITY, RYAN SCHNEIDER, and DAVID
SCHNEIDER

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.
DATED: April 9, 2018

By: /s/ Andrew L. Packard______

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STIPULATION GRANTING LEAVE
TO FILE SECOND 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 second amended complaint after

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April 10, 2018, IT IS SO ORDERED.

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Dated: April 10, 2018

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Jon S. Tigar
United States District Court Judge

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STIPULATION GRANTING LEAVE
TO FILE SECOND AMENDED COMPLAINT

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