Ecological Rights Foundation v. Pick-n-Pull Auto & Truck Dismantlers et al

Filing 15

ORDER DISMISSING COMPLAINT AND ENTERING CONSENT DECREE, re 13 . Signed by Judge Paul S. Grewal on 12/18/2015. (ofr, COURT STAFF) (Filed on 12/18/2015)

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Christopher Sproul (State Bar No. 126398)
Jodene Isaacs (State Bar No. 226895)
ENVIRONMENTAL ADVOCATES
5135 Anza Street
San Francisco, California 94121
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Fredric Evenson (State Bar No. 198059)
ECOLOGY LAW CENTER
~Monterey Bay~
P.O. Box 1000
Santa Cruz, CA 95061
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiff
ECOLOGICAL RIGHTS FOUNDATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ECOLOGICAL RIGHTS FOUNDATION,
v.

Plaintiff,

PICK-N-PULL SAN JOSE AUTO
DISMANTLERS, A CALIFORNIA GENERAL
PARTNERSHIP,
Defendant.

Civil Case No. 5:15-cv-02381 PSG
NOTICE OF SETTLEMENT;
[PROPOSED] ORDER DISMISSING
COMPLAINT AND ENTERING
CONSENT DECREE

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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 Defendant, Pick-n-

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Pull San Jose Auto Dismantlers (“Pick-n-Pull”), (collectively, the “Parties”) have reached settlement in
the above-captioned case and have executed a Consent Decree.
PLEASE TAKE FURTHER NOTICE that U.S. Environmental Protection Agency regulations

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require that any proposed settlement of a Clean Water Act case must be provided to the United States
Department of Justice and the national and Region IX offices of the United States Environmental
Protection Agency (“federal agencies”) prior to any judicial entry of the settlement. (See 33 U.S.C.
§1365(c); 40 C.F.R. § 135.5.) Plaintiff provided the [Proposed] Consent Decree to the federal agencies
for review on October 30, 2015 and on December 14, 2015, the United States Department of Justice
notified the court and the parties of its non-objection to the proposed settlement. In accordance with
federal law, judgment disposing of this action may be now be entered.
NOW THEREFORE, for the reasons set forth above, the Parties hereby stipulate, and

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respectfully request, that the Court: (1) approve and execute the Order dismissing the Complaint with
prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure and (2) approve and sign the
attached Consent Decree which provides for continuing Court jurisdiction over any disputes which may
arise between the parties under the agreement.
///
RESPECTFULLY SUBMITTED,
DATED: December 14, 2015

PILLSBURY WINTHROP SHAW PITTMAN LLP

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By:

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xxxxx
Stipulation to Dismiss; [Proposed] Order
Civil Case No.: C 15-02381 PSG

/s/ Margaret Rosegay
MARGARET ROSEGAY
Attorney for Defendant

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DATED: December 14, 2015

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By:

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ENVIRONMENTAL ADVOCATES

Stipulation to Dismiss; [Proposed] Order
xxxxx
Civil Case No.: C 15-02381 PSG

/s/ Jodene Isaacs
JODENE ISAACS
Attorney for Plaintiff
ECOLOGICAL RIGHTS FOUNDATION

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[PROPOSED] ORDER

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After consideration of the Consent Decree between the parties attached to this order, I hereby
dismiss this case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and retain
jurisdiction over the parties with respect to any disputes that may arise under the Consent Decree.
IT IS SO ORDERED:

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Date:

12/18/2015

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Stipulation to Dismiss; [Proposed] Order
Civil Case No.: C 15-02381 PSG

Honorable Magistrate Judge Paul S. Grewal
UNITED STATES MAGISTRATE JUDGE
NORTHERN DISTRICT OF CALIFORNIA