California Environmental Protection Association v. Sonoma Soil Builders, LLC

Filing 90

STIPULATION AND ORDER re 89 . STIPULATION WITH PROPOSED ORDER For Dismissal With Prejudice filed by California Environmental Protection Association. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 7/10/18. (sisS, COURT STAFF) (Filed on 7/10/2018)

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Craig A. Brandt (SBN 133905)
Attorney at Law
5354 James Avenue
Oakland, CA 94618
[phone]
[e-mail]
Attorney for Plaintiff
CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA ENVIRONMENTAL
PROTECTION ASSOCIATION, a California
corporation,
Plaintiff,
vs.
SONOMA SOIL BUILDERS, INC, a
California corporation, SHILOH OAKS
COMPANY, LLC, a California limited
liability company,
Defendant.

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Case No.: 4:15-cv-04880-KAW
STIPULATION FOR DISMISSAL OF
PLAINTIFF’S CLAIMS WITH
PREJUDICE; [PROPOSED] ORDER
GRANTING DISMISSAL WITH
PREJUDICE (FRCP 41(a)(2)]

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Plaintiff CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION

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(“CEPA”) and Defendants SONOMA SOIL BUILDERS, INC. (“SSB”) and SHILOH OAKS

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COMPANY, LLC (“SHILOH”), hereby stipulate as follows:

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WHEREAS, on October 23, 2015, CEPA filed the Complaint in this matter against
Defendant SSB, and on June 9, 2016, CEPA filed a First Amended Complaint against SSB;
WHEREAS, on October 2, 2017, CEPA filed a Second Amended Complaint against SSB
and Defendant SHILOH;
WHEREAS, CEPA, SSB and SHILOH (the “settling parties”), through their authorized

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

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SHILOH of any alleged violation or other wrongdoing, have chosen to resolve in full by way of
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STIPULATION FOR DISMISSAL WITH PREJUDICE

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

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uncertainties of further litigation;

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

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

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

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

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

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the
Settling Parties that CEPA’s claims, as set forth in its Complaints, be dismissed with prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(2).
Dated: July 6, 2018

Respectfully,
Craig A. Brandt

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By: __ /s/__Craig A. Brandt__________
Craig A. Brandt
Attorney for Plaintiff

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Dated: July 6, 2018

Respectfully,
Peter L. Simon

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By: __ /s/_Peter L. Simon_______
Peter L. Simon
Attorney for Defendant SONOMA
SOIL BILDERS, INC.

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STIPULATION FOR DISMISSAL WITH PREJUDICE

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Dated: July 6, 2018

Respectfully,
Marlon V. Young

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By: __ /s/_Marlon V. Young_______
Marlon V. Young
Attorney for Defendant
SHILOH OAKS, LLC

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ATTESTATION FOR E-FILING
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 Signatories prior to filing.

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Dated: July 6, 2018

By: __ /s/__Craig A. Brandt__________

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[PROPOSED] ORDER
Good cause appearing, and the Parties having stipulated and agreed,

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IT IS HEREBY ORDERED that Plaintiff California Environmental Protection
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Association’s claims against Defendants Sonoma Soil Builders, Inc. and Shiloh Oaks Company,
LLC, as set forth in CEPA’s Complaints, are hereby dismissed with prejudice.
IT IS SO ORDERED.
7/10/18
Dated: _______________

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KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR DISMISSAL WITH PREJUDICE