California Environmental Protection Association v. Zamaroni et al

Filing 27

STIPULATION AND ORDER FOR DISMISSAL OF PLAINTIFF'S CLAIMS WITH PREJUDICE. Signed by Judge Richard Seeborg on 7/20/18. (cl, COURT STAFF) (Filed on 7/23/2018)

1
2
3

XHAVIN SINHA (Bar No. 309340)
1645 Willow Street, #150
San Jose, CA 95125
Telephone: [phone]
[e-mail]

4
5

Attorney for Plaintiff
CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13

CALIFORNIA ENVIRONMENTAL
PROTECTION ASSOCIATION, a California
corporation,

14

Plaintiff,
15

vs.
16
17
18

ZAMARONI QUARRY, INC. dba
WHEELER ZAMARONI, a California
corporation, LOUIE ZAMARONI, an
individual, and DOES 1-10, inclusive,

19
20

Defendants.

21
22

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 3:18-cv-00952-RS
STIPULATION FOR DISMISSAL OF
PLAINTIFF’S CLAIMS WITH
PREJUDICE; [PROPOSED] ORDER
GRANTING DISMISSAL WITH
PREJUDICE (FRCP 41(a)(2)]

Plaintiff CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION

23

(“CEPA”) and Defendants ZAMARONI QUARRY, INC. dba WHEELER ZMARONI and

24

LOUIE ZAMARONI (“ZAMARONI”), hereby stipulate as follows:

25

WHEREAS, on February 14, 2018, CEPA filed the Complaint in this matter against
26
27

Defendant ZAMARONI;

28

STIPLATION FOR DISMISSAL – Page 1

1

WHEREAS, CEPA and ZAMARONI (the “settling parties”), through their authorized

2

representatives, and without either adjudication of CEPA’s claims or admission by ZAMARONI

3

of any alleged violation or other wrongdoing, have chosen to resolve in full by way of settlement

4

the allegations of CEPA as set forth in the Complaint, thereby avoiding the costs and

5

uncertainties of further litigation;

6

WHEREAS, the Settling Parties submitted the Settlement Agreement via certified mail,

7

return receipt requested, to the U.S. EPA and the U.S. Department of Justice (the “federal

8

agencies”) for a 45-day statutory review period, consistent with 33 U.S.C. 1365(c) and 40 C.F.R.

9

135.5, and that review period has expired. The federal agencies have submitted correspondence

10
11

to the Court indicating that they have no objection to the terms of the Settlement Agreement.
NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the

12

Settling Parties that CEPA’s claims, as set forth in its Complaint, be dismissed with prejudice

13

pursuant to Federal Rule of Civil Procedure 41(a)(2).

14

Dated: July 20, 2018

Respectfully,

15
16

By: __ /S/__Xhavin Sinha__________
Xhavin Sinha
Attorney for Plaintiff

17
18
19
20

Dated: July 20, 2018

Respectfully,
Peter L. Simon

21
22
23

By: __ /s/_Peter L. Simon_______
Peter L. Simon
Attorney for Defendants

24
25
26
27
28

STIPLATION FOR DISMISSAL – Page 2

1

ATTESTATION FOR E-FILING

2
3

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.

4
5

Dated: July 20, 2018

By: __ /s/__Xhavin Sinha_________

6
7

[PROPOSED] ORDER

8
9
10

Good cause appearing, and the Parties having stipulated and agreed,
IT IS HEREBY ORDERED that Plaintiff California Environmental Protection

11

Association’s claims against Defendant Zamaroni Quarry Inc, dba Wheeler Zamaroni and Louie
12
13
14
15
16

Zamaroni, as set forth in CEPA’s Complaint, are hereby dismissed with prejudice.
IT IS SO ORDERED.
Dated: _______________
7/20/18

_______________________________________
Richard Seeborg
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

STIPLATION FOR DISMISSAL – Page 3