California Sportfishing Protection Alliance v. Trical, Inc et al

Filing 51

ORDER GRANTING STIPULATION TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE 50 . Signed by Judge Nathanael Cousins on 12/14/2015. (lmh, COURT STAFF) (Filed on 12/14/2015)

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ANDREW L. PACKARD (State Bar No. 168690)

MEGAN E. TRUXILLO (State Bar No. 275746)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

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Plaintiff,
vs.

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Case No. 5:15-cv-00065-NC

STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS WITH
PREJUDICE; ORDER GRANTING
DISMISSAL WITH PREJUDICE
[FRCP 41(a)(2)]

TRICAL, INC., DEAN C. STORKAN
and JOHN IVANCOVICH,
Defendants.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendants in the
above-captioned action, stipulate as follows:
WHEREAS, on or about October 29, 2014, CSPA provided Defendants with Notice

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of Violations and Intent to File Suit (“60-Day Notice Letter”) under Section 505 of the

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Federal Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;

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WHEREAS, on January 7, 2015, CSPA filed its Complaint against Defendants in this

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Court, and said Complaint incorporated by reference all of the allegations contained in

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CSPA’s 60-Day Notice Letter;

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WHEREAS, CSPA and Defendants, through their authorized representatives and
-1STIPULATION RE DISMISSAL

Case No. 5:15-cv-00065-NC

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without either adjudication of CSPA’s claims or admission by Defendants of any alleged
violation or other wrongdoing, have chosen to resolve in full by way of settlement the
allegations of CSPA as set forth in CSPA’s 60-Day Notice Letter and Complaint, thereby

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avoiding the costs and uncertainties of further litigation. A copy of the Parties’ proposed

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consent agreement (“Consent Agreement”) entered into by and between CSPA and

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Defendants is attached hereto as Exhibit A and incorporated by reference;

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WHEREAS, CSPA has submitted the Consent Agreement via certified mail, return

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receipt requested, to the U.S. EPA and the U.S. Department of Justice (“the agencies”) and

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the 45-day review period set forth at 40 C.F.R. § 135.5 has now expired;

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NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between

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the Parties that CSPA’s claims, as set forth in its 60-Day Notice Letter and Complaint, be

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dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties

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respectfully request an order from this Court dismissing such claims with prejudice. In

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accordance with Paragraph 17 of the Consent Agreement, the Parties also request that this

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Court retain and have jurisdiction over the Parties through September 30, 2017 for the sole

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

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provision of the Consent Agreement.

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Dated: December 14, 2015

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Respectfully submitted,
LAW OFFICES OF ANDREW L. PACKARD

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By: /s/ Andrew L. Packard______________
Andrew L. Packard
Attorneys for Plaintiff

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Dated: December 14, 2015

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LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: /s/ Timothy J. Swickard
Timothy J. Swickard
Attorneys for Defendants

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-2STIPULATION RE DISMISSAL

Case No. 5:15-cv-00065-NC

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ORDER

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Good cause appearing, and the Parties having stipulated and agreed,

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IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection

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Alliance’s claims against Defendants Trical, Inc., Dean C. Storkan and John Ivancovich, as

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set forth in CSPA’s 60-Day Notice Letter and Complaint, are hereby dismissed with

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prejudice, each side to bear their own attorney fees and costs, except as provided for by the

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terms of the accompanying Consent Agreement.

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IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the

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Parties with respect to disputes arising under the Consent Agreement attached to the Parties’

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Stipulation to Dismiss as Exhibit A until September 30, 2017.

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NO

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M. Cousin

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thanael
Judge Na

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_______________________________________
Hon. Magistrate Nathanael M. Cousins
D
UNITED STATES DISTRICT COURT
RANTE

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Dated: December 14, 2015

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IT IS SO ORDERED.

UNIT
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N

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OF

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-3STIPULATION RE DISMISSAL

Case No. 5:15-cv-00065-NC