San Francisco Baykeeper v. Oldcastle Precast, Inc.
Filing
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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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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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SAN FRANCISCO BAYKEEPER, a non-profit
corporation,
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Plaintiff,
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v.
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OLDCASTLE PRECAST, INC.,
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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
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Notice of Settlement; [Proposed] Order
Civil No. C 13-05153 KAW
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TO THE COURT AND TO THE PARTIES:
PLEASE TAKE NOTICE that Plaintiff San Francisco Baykeeper (“Baykeeper”) and
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Defendant Oldcastle Precast, Inc. (“Oldcastle”) (collectively, the “Parties”) have reached a tentative
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settlement in this action, which has been executed by the Parties. As required by federal law, a copy of
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the [Proposed] Settlement Agreement has been sent to the U.S. Department of Justice and to the U.S.
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Environmental Protection Agency (collectively, “the Agencies”) for a mandatory 45-day review period
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under Section 135.5 of Title 40 of the Code of Federal Regulations. Copies of the [Proposed]
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Settlement Agreement will be sent to the Agencies via U.S. Certified Mail on today’s date. Upon
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expiration of the 45-day review period, the Parties will jointly request that the Court (1) approve and
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execute an Order dismissing the Complaint, and (2) approve and execute the [Proposed] Settlement
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Agreement which provides for continuing Court jurisdiction over any disputes which may arise
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between the parties under the agreement.
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Consistent with the impending settlement of this action, the Parties hereby respectfully request
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that the Court vacate from its calendar the April 15, 2014 Case Management Conference and associated
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deadlines. The Parties also request a continuance for Oldcastle to file its Answer, which is due during
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the 45-day review period on April 20, 2014. The Parties request that Oldcastle’s Answer due date be
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continued to June 20, 2014.
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Dated: April 9, 2014
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Respectfully submitted,
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By:
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/s/ Andrea Kopecky
Andrea Kopecky
Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER
/s/ Kerri M. Melucci
Kerri M. Melucci
Attorney for Defendant
OLDCASTLE PRECAST, INC.
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Notice of Settlement; [Proposed] Order
Civil No. C 13-05153 KAW
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[PROPOSED] ORDER
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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.
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IT IS SO ORDERED.
NORTHERN DISTRICT OF CALIFORNIA
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4/11/14
Dated: __________________
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__________________________________________
Honorable Kandis A. Westmore
United States District Court
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Notice of Settlement; [Proposed] Order
Civil No. C 13-05153 KAW
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