San Francisco Baykeeper v. Phan

Filing 5

ORDER RE: NOTICE OF SETTLEMENT AND REQUEST TO VACATE CASE MANAGEMENT CONFERENCE. Signed by Judge Paul S. Grewal on January 30, 2015 re 4 . (psglc1S, COURT STAFF) (Filed on 1/30/2015)

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Erica A. Maharg (Bar No. 279396)
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

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SAN FRANCISCO BAYKEEPER, a non-profit
corporation,

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Plaintiff,
v.
MUOI PHAN dba B2 AUTO DISMANTLER,
Defendant.

Civil No. 5:15-cv-00208
NOTICE OF SETTLEMENT AND
REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE
(Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq.)

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Magistrate Judge Paul S. Grewal

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

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Defendant Muoi Phan dba B2 Auto Dismantler (“B2 Auto”) (collectively, the “Parties”) have reached

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a tentative settlement in this action, which was executed by the Parties. As required by 33 U.S.C.

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section 1365(c)(3) and 40 C.F.R. section 135.5, a copy of the [Proposed] Consent Decree has been

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sent to the U.S. Department of Justice and the U.S. Environmental Protection Agency (collectively, the

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“Agencies”) for a mandatory 45-day review period. Copies of the [Proposed] Consent Decree were

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sent to the Agencies via U.S. Certified Mail on January 21, 2015. 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 for continuing Court jurisdiction over any disputes which may arise between

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

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prejudice.

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In light of the 45-day statutory review period, which ends on or about March 8, 2015,

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Baykeeper respectfully requests that the Court vacate from its calendar the Case Management

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Conference scheduled for May 12, 2015 and associated deadlines, and issue an order that the Parties

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have until March 18, 2015 to file a motion to enter the [Proposed] Consent Decree.

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WHEREFORE, Baykeeper respectfully requests that the Court approve and enter the
[Proposed] Order below.

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Dated: January 22, 2015

Respectfully Submitted,

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/s/ Erica A. Maharg

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Erica A. Maharg
Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

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NOTICE OF SETTLEMENT AND REQUEST TO VACATE CMC, Case No. 5:15-cv-00208

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that the Case Management Conference set for May 12, 2015 and all

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associated deadlines are vacated. The Court sets March 18, 2015 as the deadline for the Parties to file a

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motion to enter the [Proposed] Consent Decree.

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IT IS SO ORDERED

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NORTHERN DISTRICT OF CALIFORNIA

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Date: ___________________________
January 30, 2015

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Magistrate Judge Paul S. Grewal

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NOTICE OF SETTLEMENT AND REQUEST TO VACATE CMC, Case No. 5:15-cv-00208