Ecological Rights Foundation v. Schmidbauer Lumber et al

Filing 33

ORDER by Judge Haywood S. Gilliam, Jr. Granting 31 Stipulation to VACATE CASE MANAGEMENT CONFERENCE, NOTICE OF SETTLEMENT. (ndrS, COURT STAFF) (Filed on 5/3/2017)

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ENVIRONMENTAL ADVOCATES
JODENE ISAACS, ESQ. (SBN 226895)
5135 Anza Street
San Francisco, CA 94121
Telephone: [phone]
Facsimile: [phone]
[e-mail]
ECOLOGY LAW CENTER
FREDRIC EVENSON, ESQ. (SBN 198059)
P.O. Box 1000
Santa Cruz, CA 95061
Telephone: [phone]
[e-mail]

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Attorneys for Plaintiff
ECOLOGICAL RIGHTS FOUNDATION
GREBEN & ASSOCIATES
JAN A. GREBEN, ESQ. (SBN 103464)
125 E. De La Guerra Street, Suite 203
Santa Barbara, California, 93101
Telephone: [phone]
Email: [e-mail]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ECOLOGICAL RIGHTS FOUNDATION,

CASE NO. 4:16-cv-07401-HSG

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Plaintiff,
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v.
SCHMIDBAUER LUMBER, INC. and
SCHMIDBAUER BUILDING SUPPLY, LLC,

NOTICE OF SETTLEMENT;
STIPULATION TO VACATE CASE
MANAGEMENT CONFERENCE;
ORDER

Defendants.

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NOTICE OF SETTLEMENT, STIP. TO VACATE CASE MGMT. CONF., [PROPOSED ORDER]

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TO THE CLERK OF THE COURT, ANY INTERESTED PARTIES, AND THEIR
ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff, Ecological Rights Foundation, and Defendants,
Schmidbauer Lumber, Inc. and Schmidbauer Building Supply, LLC, (collectively, the “Parties”)
have reached settlement in the above-captioned case and are in the process of executing a
[Proposed] Consent Decree. Final settlement is contingent upon the federal agencies’ 45-day
review period of the [Proposed] Consent Decree described below.
PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment
disposing of this action may be entered prior to forty-five (45) days following the receipt of the
proposed settlement by the United States Department of Justice and the national and Region IX
offices of the United States Environmental Protection Agency (“federal agencies”). (See 33
U.S.C. §1365(c); 40 C.F.R. § 135.5.) Plaintiff will provide the [Proposed] Consent Decree to the
federal agencies for review. Upon notice of non-objection, or the expiration of the 45-day period,
the parties will file a Stipulation for Approval of Consent Decree and Dismissal of Plaintiff’s
Claims with Prejudice. Should the federal agencies object to the settlement, or the Parties cannot
informally resolve any concerns raised by the federal agencies, a Notice that the settlement is null
and void will be submitted.
PLEASE TAKE FURTHER NOTICE that the Parties agree to vacate the Case
Management Conference currently scheduled for May 10, 2017 at 2:00 p.m. The Parties have
settled this case on mutually agreeable terms, and wish to avoid the unnecessary cost of appearing
at the CMC.
NOW THEREFORE, for the reasons set forth above, the Parties hereby stipulate, and
respectfully request, that the Court enter an order vacating the Case Management Conference
currently scheduled for May 10, 2017 at 2:00 p.m. as they execute the final Consent Decree and
prepare it for the federal agencies’ 45-day review.
///
RESPECTFULLY SUBMITTED,

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NOTICE OF SETTLEMENT, STIP. TO VACATE CASE MGMT. CONF., [PROPOSED ORDER]

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DA
ATED: May 3, 2017
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ENVIR
RONMENTA ADVOC
AL
CATES

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By:

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/s/ Jodene Isaacs
JOD
DENE ISAA
ACS
Att
torney for Pl
laintiff

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DA
ATED: May 3, 2017
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GREBE & ASSO
EN
OCIATES

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By:

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/s/ Jan Greben
/
n
JAN GREBEN
N
N
Att
torney for De
efendants

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ORD
DER

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Good cause appear
c
ring, and bas on the st
sed
tipulation of the parties, IT IS HERE
f
EBY

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OR
RDERED th the Case Managemen Conferenc currently s
hat
nt
ce
scheduled fo May 10, 2
or
2017 is

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co
ontinued to July 11, 2017 before Jud Haywoo d S. Gilliam Jr., at 2:00 p.m., in Co
7,
dge
m,
0
ourtroom 2,

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4th Floor, 130 Clay Stree Oakland, CA.
h
01
et,

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IT IS SO ORDER
S
RED.

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ATED: May 3, 2017
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DA

__________
_
___________
__________
_______
Hon. Judge Hayw
.
wood S. Gill
liam, Jr.
U.S. District Cou Judge,
urt
North
hern District of Californ
t
nia

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NO
OTICE OF SETT
TLEMENT, STI TO VACATE CASE MGMT CONF., [PRO
IP.
E
T.
OPOSED ORDER
R]

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