California Sportfishing Protection Alliance v. Soiland Co., Inc.

Filing 27

ORDER DISMISSING CASE. Signed by Magistrate Judge Donna M. Ryu on 08/11/15. (dmrlc2, COURT STAFF) (Filed on 8/11/2015)

Case4:14-cv-04411-DMR Document25 Filed08/07/15 Page1 of 3

1
2
3
4
5
6
7

Michael R. Lozeau (State Bar No. 142893)
Douglas J. Chermak (State Bar No. 233382)
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone] (fax)
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

8
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,

13
14
15
16

Case No. 4:14-CV-04411-DMR
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS; [PROPOSED]
ORDER GRANTING DISMISSAL

vs.
[FRCP 41(a)(2)]
SOILAND, INC., a corporation,
Defendant.

17
18
19

WHEREAS, on July 31, 2014, Plaintiff California Sportfishing Protection Alliance

20

(“CSPA”) provided Defendant Soiland, Inc. (“Soiland”) with a Notice of Violations and Intent to

21

File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365.

22

WHEREAS, on October 1, 2014, CSPA filed its Complaint against Soiland in this Court,

23

California Sportfishing Protection Alliance v. Soiland, Inc., Case No. 4:14-cv-04411-DMR. Said

24

Complaint incorporates by reference all of the allegations contained in CSPA’s Notice.

25

WHEREAS, CSPA and Soiland, through their authorized representatives and without either

26

adjudication of CSPA’s claims or admission by Soiland of any alleged violation or other

27

wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set forth

28

in the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation. A

29

Stipulation To Dismiss Plaintiff’s Claims;
[Proposed] Order Granting Dismissal

30
31

1

Case No. 4:14-cv-04411-DMR

Case4:14-cv-04411-DMR Document25 Filed08/07/15 Page2 of 3

1

copy of the Settlement Agreement and Mutual Release of Claims (“Settlement Agreement”) entered

2

into by and between CSPA and Soiland is attached hereto as Exhibit 1 and incorporated by reference.

3

WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt

4

requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth

5

at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to the

6

Court indicating that they have no objection to the terms of the Settlement Agreement.

7

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the

8

parties that CSPA’s claims, as set forth in the Notice and Complaint, be dismissed. The parties

9

respectfully request an order from this Court dismissing such claims. In accordance with paragraph

10

2 of the Settlement Agreement, the parties also request that this Court maintain jurisdiction over the

11

parties through December 22, 2017, for the sole purpose of resolving any disputes between the

12

parties with respect to enforcement of any provision of the Settlement Agreement, or through the

13

conclusion of any proceeding to enforce the Settlement.

14
15

Dated: August 7, 2015

Respectfully submitted,

16

LOZEAU DRURY LLP

17

By:

18
19
20

_/s/ Douglas J. Chermak_________________
Douglas J. Chermak
Attorneys for Plaintiff
California Sportfishing Protection Alliance

CLEMENT, FITZPATRICK & KENWORTHY PC

21
By:
22
23

_Clayton E. Clement (as authorized on 8/7/15) __
Clayton E. Clement
Attorneys for Defendant
Soiland, Inc.

24
25
26
27
28
29
30
31

Stipulation To Dismiss Plaintiff’s Claims;
[Proposed] Order Granting Dismissal

2

Case No. 4:14-cv-04411-DMR

Case4:14-cv-04411-DMR Document25 Filed08/07/15 Page3 of 3

[PROPOSED] ORDER

1
2
3

Good cause appearing, and the parties having stipulated and agreed,
IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance’s

4

claims against Defendant Soiland, Inc., as set forth in the Notice and Complaint filed in Case No.

5

4:14-cv-04411-DMR, are hereby dismissed consistent with the terms of the Settlement Agreement

6

that is attached hereto as Exhibit 1.

7

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through

8

December 22, 2017, for the sole purpose of resolving any disputes between the parties with respect

9

to any provision of the Settlement Agreement, or through the conclusion of any proceeding to

UNIT
ED

ER

H

16
17

FO

RT

15

yu

a M. R
____________________________________
ge Donn
Jud
Judge Donna M. Ryu
United States Magistrate Judge
NO

August 11

Dated: ________, 2015

IT

LI

13
14

RED

PURSUANT TO STIPULATION, IT IS SO ORDERED.IS SO ORDE

A

12

RT
U
O

11

S DISTRICT
TE
C
TA

R NIA

enforce the Settlement Agreement.

S

10

N

F
D IS T IC T O
R

C

18
19
20
21
22
23
24
25
26
27
28
29
30
31

Stipulation To Dismiss Plaintiff’s Claims;
[Proposed] Order Granting Dismissal

3

Case No. 4:14-cv-04411-DMR