San Francisco Baykeeper v. Oldcastle Precast, Inc.

Filing 12

STIPULATION AND ORDER VACATING CMC re 11 STIPULATION WITH PROPOSED ORDER filed by Oldcastle Precast, Inc., San Francisco Baykeeper. Signed by Magistrate Judge Kandis A. Westmore on 4/11/14. (sisS, COURT STAFF) (Filed on 4/11/2014)

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1 2 3 4 5 6 7 8 9 George Torgun (Bar No. 222085) Sejal Choksi-Chugh (Bar No. 222093) Andrea Kopecky (Bar No. 276366) SAN FRANCISCO BAYKEEPER 785 Market Street, Suite 850 San Francisco, California 94103 Telephone: (415) 856-0444 Facsimile: (415) 856-0443 Email: george@baykeeper.org Email: sejal@baykeeper.org Email: andrea@baykeeper.org Attorneys for Plaintiff: SAN FRANCISCO BAYKEEPER 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 15 SAN FRANCISCO BAYKEEPER, a non-profit corporation, 16 Plaintiff, 17 v. 18 OLDCASTLE PRECAST, INC., 19 Defendant. Civil No. C 13-05153 KAW NOTICE OF SETTLEMENT; STIPULATION TO VACATE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED] ORDER Honorable Kandis A. Westmore 20 21 22 23 24 25 26 27 28 29 30 31 Notice of Settlement; [Proposed] Order Civil No. C 13-05153 KAW 1 2 TO THE COURT AND TO THE PARTIES: PLEASE TAKE NOTICE that Plaintiff San Francisco Baykeeper (“Baykeeper”) and 3 Defendant Oldcastle Precast, Inc. (“Oldcastle”) (collectively, the “Parties”) have reached a tentative 4 settlement in this action, which has been executed by the Parties. As required by federal law, a copy of 5 the [Proposed] Settlement Agreement has been sent to the U.S. Department of Justice and to the U.S. 6 Environmental Protection Agency (collectively, “the Agencies”) for a mandatory 45-day review period 7 under Section 135.5 of Title 40 of the Code of Federal Regulations. Copies of the [Proposed] 8 Settlement Agreement will be sent to the Agencies via U.S. Certified Mail on today’s date. Upon 9 expiration of the 45-day review period, the Parties will jointly request that the Court (1) approve and 10 execute an Order dismissing the Complaint, and (2) approve and execute the [Proposed] Settlement 11 Agreement which provides for continuing Court jurisdiction over any disputes which may arise 12 between the parties under the agreement. 13 Consistent with the impending settlement of this action, the Parties hereby respectfully request 14 that the Court vacate from its calendar the April 15, 2014 Case Management Conference and associated 15 deadlines. The Parties also request a continuance for Oldcastle to file its Answer, which is due during 16 the 45-day review period on April 20, 2014. The Parties request that Oldcastle’s Answer due date be 17 continued to June 20, 2014. 18 19 Dated: April 9, 2014 20 Respectfully submitted, 21 By: 22 23 24 /s/ Andrea Kopecky Andrea Kopecky Attorney for Plaintiff SAN FRANCISCO BAYKEEPER /s/ Kerri M. Melucci Kerri M. Melucci Attorney for Defendant OLDCASTLE PRECAST, INC. 25 26 27 28 29 30 31 Notice of Settlement; [Proposed] Order Civil No. C 13-05153 KAW Page 1 1 [PROPOSED] ORDER 2 3 4 IT IS HEREBY ORDERED that the Parties’ Case Management Conference is vacated. Defendant’s time to file an Answer is continued to June 20, 2014. 5 6 IT IS SO ORDERED. NORTHERN DISTRICT OF CALIFORNIA 7 8 9 4/11/14 Dated: __________________ 10 __________________________________________ Honorable Kandis A. Westmore United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Notice of Settlement; [Proposed] Order Civil No. C 13-05153 KAW Page 2

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