Baykeeper v. Cemex Inc et al

Filing 11

ORDER re 10 NOTICE of Settlement of Entire Case; Request to Vacate Initial Case Management Conference and Related Deadlines. Initial Case Management Conference set for 7/27/2010 02:00 PM.Signed by Judge Claudia Wilken on 03/22/2010. (scc, COURT STAFF) (Filed on 3/22/2010)

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DOWNEY BRAND LLP

DOWNEY BRAND LLP NICOLE E. GRANQUIST (Bar No. 199017) GREGORY T. BRODERICK (Bar No. 220871) 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: [phone] Facsimile: [phone] [e-mail] m [e-mail] Attorneys for Defendants CEMEX, Inc., CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC, and RMC PACIFIC MATERIALS, Inc. Christopher Sproul (Bar No. 126398) Jodene Isaacs (Bar No. 226895) ENVIRONMENTAL ADVOCATES 5135 Anza Street San Francisco, California 94121 Telephone: [phone]) Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiff BAYKEEPER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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BAYKEEPER, Plaint iff, v. CEMEX, Inc., CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC, and RMC PACIFIC MATERIALS, Inc., Defendants.

Case No. C 09-04832 CW ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE; REQUEST TO VACATE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that Plaintiff Baykeeper ("Baykeeper") and Defendants Cemex, Inc., Cemex Construction Materials Pacific, LLC, and RMC Pacific Materials, Inc., 1
NOTICE OF SETTLEMENT

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DOWNEY BRAND LLP

("Cemex") (collect ively, the "Parties") have agreed to enter into a settlement that achieves a full and final settlement of all Plaintiff's claims as set forth in Civil Case No C 09-04832 CW. The Parties have agreed to the terms of settlement and are circulating final settlement documents for review and approval. The final settlement agreement will be submitted to the U.S. Department of Justice and the U.S. Environmental Protection Agency ("Federal Agencies") for a 45-day review and comment period consistent with 40 C.F.R. §135.5. Upon the expiration of the 45-day review and comment period, provided that the settlement is not contested by the reviewing Federal Agencies, the Parties will file a Stipulation to Dismiss Plaintiff's Claims Wit h Prejudice, requesting therein that the District Court retain jurisdiction over this case solely for the purpose of enforcing the terms of the settlement should a dispute arise between the Parties. Consistent with the impending settlement of this action, the Parties hereby respectfully request that the Court vacate fro m its calendar the April 6, 2010 Initial Case Management Conference and all related deadlines set forth in the October 13, 2009 Order Setting Initial Case Management Conference and ADR Deadlines.

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DATED: March 12, 2010

DOWNEY BRAND LLP

By:

/s/ Nicole E. Granquist NICOLE E. GRANQUIST Attorney for Defendants CEMEX, Inc., CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC, and RMC PACIFIC MATERIALS, Inc.

DATED: March 12, 2010

ENVIRONMENTAL ADVOCATES

By: CHRISTOPHER SPROUL Attorney for Plaintiff BAYKEEPER IT IS HEREBY ORDERED THAT THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO 7/27/10 at 2:00 p.m. S DISTRICT TE
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