San Francisco Baykeeper v. Granite Rock Company

Filing 21

STIPULATION AND ORDER TO VACATE re 20 STIPULATION WITH PROPOSED ORDER Notice of Settlement & Stipulation to Vacate Time to Respond to Complaint & Case Management Conference filed by Granite Rock Company, San Francisco Baykeeper. Signed by Magistrate Judge Kandis A. Westmore on 10/13/16. (sisS, COURT STAFF) (Filed on 10/13/2016)

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Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)
SAN FRANCISCO BAYKEEPER
1736 Franklin St., Suite 800
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
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,
v.
GRANITE ROCK COMPANY, a California
corporation,

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Defendant.

Civil No. 4:16-cv-01089-KAW
NOTICE OF SETTLEMENT AND
STIPULATION TO VACATE TIME TO
RESPOND TO COMPLAINT AND CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
(Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq.)

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Honorable Kandis A. Westmore

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NOTICE OF SETTLEMENT & STIPULATION TO VACATE TIME TO RESPOND TO COMPLAINT & CMC

Civil No. 4:16-cv-01089-KAW

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TO THE COURT AND TO THE PARTIES:
PLEASE TAKE NOTICE that Plaintiff San Francisco Baykeeper (“Baykeeper”) and Defendant

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Granite Rock Company (“Granite Rock”) (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, copies of

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the [Proposed] Consent Decree have been sent via U.S. Certified Mail to the U.S. Department of Justice

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and U.S. Environmental Protection Agency (collectively, the “Agencies”) for a mandatory 45-day

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review period under 33 U.S.C. § 1365(c)(3) and 40 C.F.R. § 135.5. Upon expiration of the 45-day

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review period, the Parties will request that the Court (1) approve and execute the [Proposed] Consent

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Decree, which provides continuing Court jurisdiction over any disputes which may arise between the

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Parties under the agreement, and (2) approve and execute an Order dismissing the Complaint with

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prejudice.

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Therefore, in light of the settlement and 45-day statutory review period, which ends on

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approximately November 25, 2016, the Parties respectfully request that the Court vacate from its

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calendar Defendant’s deadline to respond to the complaint on October 14, 2016, and the October 25,

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2016 Case Management Conference and associated deadlines, and issue an order that Plaintiff has until

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December 9, 2016 to file a request to enter the [Proposed] Consent Decree.

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WHEREFORE, the Parties respectfully request that the Court approve and enter the [Proposed]

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Order below.

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DATE: October 12, 2016

Respectfully submitted,
SAN FRANCISCO BAYKEEPER

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/s/ Nicole C. Sasaki

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Nicole C. Sasaki
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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NOTICE OF SETTLEMENT & STIPULATION TO VACATE TIME TO RESPOND TO COMPLAINT & CMC

Civil No. 4:16-cv-01089-KAW

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DATE: October 12, 2016

GRANITE ROCK COMPANY

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By:

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/s/ Gregory O’Hara
GREGORY O’HARA
Attorney for Defendant
GRANITE ROCK COMPANY

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I attest that concurrence in the filing of this document has been obtained from Gregory O’Hara
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for Granite Rock.
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DATE: October 12, 2016

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SAN FRANCISCO BAYKEEPER
By:

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/s/ Nicole C. Sasaki
NICOLE C. SASAKI

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Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

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NOTICE OF SETTLEMENT & STIPULATION TO VACATE TIME TO RESPOND TO COMPLAINT & CMC

Civil No. 4:16-cv-01089-KAW

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that Defendant’s deadline to respond to the complaint on October

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7 IT IS SO ORDERED.
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9 DATE: _____________________
10/13/16

NORTHERN DISTRICT OF CALIFORNIA

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_____________________________________
Honorable Kandis A. Westmore
United States District Court

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NOTICE OF SETTLEMENT & STIPULATION TO VACATE TIME TO RESPOND TO COMPLAINT & CMC

Civil No. 4:16-cv-01089-KAW