San Francisco Baykeeper v. City of Sunnyvale et al

Filing 23

STIPULATION AND ORDER re 20 To Retain Jurisdiction and Dismiss. Signed by Magistrate Judge Howard R. Lloyd on 1/3/2014. Court retains jurisdiction for the sole purpose of enforcing compliance with the settlement agreement. The clerk shall close the file. (hrllc1, COURT STAFF) (Filed on 1/7/2014)

*E-Filed: January 7, 2014*

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Sejal Choksi-Chugh (Bar No. 222093)
George Torgun (Bar No. 222085)
SAN FRANCISCO BAYKEEPER
785 Market Street, Suite 850
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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SAN FRANCISCO BAYKEEPER, a California
non-profit corporation,
Case No: C 13-02425 HRL
Plaintiff,

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STIPULATION TO RETAIN
JURISDICTION AND REQUEST FOR
DISMISSAL; [PROPOSED] ORDER

v.

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CITY OF SUNNYVALE,

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Defendant.

Fed. R. Civ. P. 41(a)(2)

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The following Stipulation to Retain Jurisdiction and Request for Dismissal is entered into by and
between Plaintiff San Francisco Baykeeper (“Plaintiff” or “Baykeeper”), and Defendant City of
Sunnyvale (“Defendant” or “City”). These entities are each referred to herein as “Settling Party” and
collectively as “Settling Parties.”
WHEREAS, a copy of the Settlement Agreement between the Settling Parties is incorporated
herein and attached as Exhibit A to this Stipulation;
WHEREAS, Baykeeper, in accordance with paragraph thirty-two (32) of the Settling Parties’
Agreement, filed a Notice of Settlement (Dkt. No. 15) with the Court on October 24, 2013 and

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Stipulation; [Proposed] Order

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Civil Case No.: C 13-02425 HRL

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transmitted a copy of the Stipulation and Settlement Agreement to the U.S. Department of Justice

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(“DOJ”) and the U.S. Environmental Protection Agency for the 45-day review period on October 15,

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2013;

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WHEREAS, the 45-day review period commenced on October 22, 2013 and terminated on
December 6, 2013, which represents the Effective Date of the Settlement Agreement;
WHEREAS, DOJ approved the Settlement Agreement and submitted its approval letter (Dkt.

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No. 18) to the Court on November 27, 2013.

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NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE SETTLING PARTIES:

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1.

As set forth in Paragraphs 39-40 of the Settlement Agreement, the Settling Parties

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respectfully request that the Court retain jurisdiction over Civil Case No. C 13-02425 HRL for the

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purpose of resolving any disputes between the Parties with respect to enforcement of the terms of the

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Settlement Agreement.

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2.

Plaintiff Baykeeper also requests that its complaint filed on May 29, 2013 with the

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United States District Court for the Northern District of California, San Jose Division, Civil Case No.:

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C 13-02425 HRL, against Sunnyvale be dismissed with prejudice pursuant to Federal Rules of Civil

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Procedure 41(a)(2).

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3. A [Proposed] Order effectuating these requests is attached below.

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Respectfully submitted,
Dated: December 18, 2013

By:

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/s/ Sejal Choksi-Chugh
Sejal Choksi-Chugh, Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

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DOWNEY BRAND, LLP

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Dated: December 18, 2013

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By:

/s/ Melissa Thorme
Melissa Thorme, Attorneys for Defendant
CITY OF SUNNYVALE
[Electronically signed with permission from
M. Thorme via an e-mail dated 12/18/13.]

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Stipulation; [Proposed] Order

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Civil Case No.: C 13-02425 HRL

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[PROPOSED] ORDER

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Based on the above stipulation of the Settling Parties,

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IT IS HEREBY ORDERED that the Court shall retain jurisdiction over Civil Case No. C 13-

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02425 HRL for the sole purpose of enforcing compliance by the Settling Parties with the terms of the

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Settlement Agreement attached as Exhibit A to the Parties’ Stipulation.

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IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant City of Sunnyvale as set
forth in Civil Case No. C 13-02425 HRL are dismissed with prejudice pursuant to FRCP 41(a)(2).
IT IS SO ORDERED.

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Date: 1/3/14

NORTHERN DISTRICT OF CALIFORNIA

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Honorable Howard R. Lloyd
United States District Court
Northern District of California,
San Jose Division

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Stipulation; [Proposed] Order

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Civil Case No.: C 13-02425 HRL