San Francisco Baykeeper v. CSL Operating, LLC

Filing 5

ORDER RE 4 NOTICE OF SETTLEMENT AND GRANTING REQUEST TO VACATE CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 2/23/2016. (blflc2S, COURT STAFF) (Filed on 2/24/2016)

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Erica A. Maharg (Bar No. 279396)
George Torgun (Bar No. 222085)
SAN FRANCISCO BAYKEEPER
1736 Franklin St., Suite 800
Oakland, California 94612
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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v.

Plaintiff,

CSL OPERATING, LLC,
Defendant.

Civil No. 5:15-cv-05633-BLF
NOTICE OF SETTLEMENT AND
REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
(Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq.)
Judge Beth Labson Freeman

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

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CSL Operating, LLC (“CSL”) (collectively, the “Parties”) have reached a tentative settlement in this

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action, which was executed by the Parties. As required by 33 U.S.C. section 1365(c)(3) and 40 C.F.R.

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section 135.5, a copy of the [Proposed] Consent Decree was sent to the U.S. Department of Justice and

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U.S. Environmental Protection Agency via U.S. Certified Mail on February 23, 2016. Upon expiration

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of the 45-day review period, the Parties will request that the Court (1) approve and execute the

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[Proposed] Consent Decree, which provides continuing Court jurisdiction over any disputes which may

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arise between the Parties under the agreement, and (2) approve and execute an Order dismissing the

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Complaint with prejudice.
In light of the settlement and 45-day statutory period, the Parties respectfully request that the

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Court vacate from its calendar the Case Management Conference scheduled for March 17, 2016 and all

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other deadlines included in the Order Setting Initial Case Management Conference and ADR Deadlines,

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filed on December 10, 2015.

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

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Order below.

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DATE: February 23, 2016

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Respectfully submitted,
SAN FRANCISCO BAYKEEPER

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/s/ Erica A. Maharg

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Erica A. Maharg
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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NOTICE OF SETTLEMENT, Case No. 5:15-cv-05633-BLF

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that the Case Management Conference set for March 17, 2016 and

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4 filed December 10, 2015 are vacated.
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The Court DIRECTS the parties to file an update on the status of settlement by April 25, 2016.

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7 DATE: February 23, 2016
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_____________________________________
Honorable Beth Labson Freeman

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NOTICE OF SETTLEMENT, Case No. 5:15-cv-05633-BLF