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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1 2 3 4 5 6 7 ENVIRONMENTAL ADVOCATES JODENE ISAACS, ESQ. (SBN 226895) 5135 Anza Street San Francisco, CA 94121 Telephone: (415) 533-3376 Facsimile: (415) 358-5695 ECOLOGY LAW CENTER FREDRIC EVENSON, ESQ. (SBN 198059) P.O. Box 1000 Santa Cruz, CA 95061 Telephone: (831) 454-8216 8 9 10 11 12 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: (805) 963-9090 Email: 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 16 ECOLOGICAL RIGHTS FOUNDATION, CASE NO. 4:16-cv-07401-HSG 17 Plaintiff, 18 19 20 21 v. SCHMIDBAUER LUMBER, INC. and SCHMIDBAUER BUILDING SUPPLY, LLC, NOTICE OF SETTLEMENT; STIPULATION TO VACATE CASE MANAGEMENT CONFERENCE; ORDER Defendants. 22 23 24 25 26 27 28 NOTICE OF SETTLEMENT, STIP. TO VACATE CASE MGMT. CONF., [PROPOSED ORDER] -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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, 28 NOTICE OF SETTLEMENT, STIP. TO VACATE CASE MGMT. CONF., [PROPOSED ORDER] -2- 1 DA ATED: May 3, 2017 y ENVIR RONMENTA ADVOC AL CATES 2 3 By: 4 /s/ Jodene Isaacs JOD DENE ISAA ACS Att torney for Pl laintiff 5 6 7 DA ATED: May 3, 2017 y GREBE & ASSO EN OCIATES 8 By: 9 10 /s/ Jan Greben / n JAN GREBEN N N Att torney for De efendants 11 12 13 14 15 ORD DER 16 Good cause appear c ring, and bas on the st sed tipulation of the parties, IT IS HERE f EBY 17 OR RDERED th the Case Managemen Conferenc currently s hat nt ce scheduled fo May 10, 2 or 2017 is 18 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, 19 4th Floor, 130 Clay Stree Oakland, CA. h 01 et, 20 21 IT IS SO ORDER S RED. 22 23 24 25 ATED: May 3, 2017 y DA __________ _ ___________ __________ _______ Hon. Judge Hayw . wood S. Gill liam, Jr. U.S. District Cou Judge, urt North hern District of Californ t nia 26 27 28 NO OTICE OF SETT TLEMENT, STI TO VACATE CASE MGMT CONF., [PRO IP. E T. OPOSED ORDER R] -3-

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