Pine View Estates Homeowners Association v. United States Environmental Protection Agency

Filing 29

ORDER DISMISSING CASE WITH PREJUDICE on ECF No. 28 Stipulation. Signed by Judge Miranda M. Du on 2/6/2019. (Copies have been distributed pursuant to the NEF - DRM)

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FRANCIS C. FLAHERTY
Nevada Bar No. 5303
CASEY A. GILLHAM
Nevada Bar No. 11971
DYER LAWRENCE, LLP
2805 Mountain Street
Carson City, Nevada 89703
[phone] telephone
[phone] fax
[e-mail]
[e-mail]
Attorneys for Petitioner Pine View Estates Homeowners’ Association

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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)
) Case No. 3:16-CV-00402-MMD-WGC
)
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Petitioner,
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v.
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STIPULATION TO DISMISS
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WITH PREJUDICE
UNITED STATES ENVIRONMENTAL
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PROTECTION AGENCY,
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Respondents.
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__________________________________________)

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TO THE UNITED STATES DISTRICT COURT:

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Petitioner, Pine View Estates Home Owners Association ("PVHOA"), and Respondent, United

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States Environmental Protection Agency ("EPA"), have agreed and hereby stipulate pursuant to

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FRCP 41(a)(1)(A)(ii) to dismiss this matter with prejudice:

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PINE VIEW ESTATES HOMEOWNERS
ASSOCIATION,

A.

This matter involves PVHOA's appeal of a June 2, 2016 compliance order issued by

EPA ("Compliance Order").
B.

On November13, 2018, because the appeal was approaching a resolution, the Parties

2805 Mountain Street
Carson City, Nevada 89703
[phone]

Dyer Lawrence, LLP

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requested a seventh, 90-day stay of this matter until February 7, 2019, and the Court ordered that stay

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on November 13, 2018 (ECF No. 27).

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C.

The resolution of this petition is based on the settlement of a related matter. On

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September 12, 2017, PVHOA and Mark Kizer, another party subject to the Compliance Order,

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entered into a settlement agreement ("Settlement Agreement") in Kizer v. PTP, Inc. et al, Case No.

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3:15-CV-00120-RCJ-WGC (D. Nev.) (ECF No. 338). There are over 200 defendants in the Kizer

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case, including all of the individual homeowners in Pine View Estates, PVHOA, and the Bureau of

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Indian Affairs (“BIA”). The Settlement Agreement was contingent on the BIA’s approval of the

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transfer of land comprising the HOA common areas to the HOA in fee simple, a trust-to-fee

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transfer.1 The fee lands will serve as collateral for a loan, so that the PVHOA can fund its

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remediation obligations detailed in the Compliance Order. The BIA approved said trust-to-fee

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transfer on October 18, 2017 and that transfer was completed on November 20, 2018. On August

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7, 2018, the PVHOA received a loan and grant from the U.S. Department of Agriculture to fund its

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remediation obligations as set forth in the Compliance Order.
D.

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The Parties in this case had anticipated lodging a consent decree addressing the

way of a letter amendment to the Compliance Order. By letter dated December 3, 2018, the EPA

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amended the Compliance Order to remove Mark Kizer as a respondent to the Compliance Order,

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which leaves the PVHOA as the sole respondent responsible for meeting the obligations of the

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Compliance Order. Upon dismissal of this lawsuit, PVHOA intends to fully meet its obligations

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under the Compliance Order, as amended.

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2805 Mountain Street
Carson City, Nevada 89703
[phone]

Compliance Order. However, the Parties have since concluded that this matter is better resolved by

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Dyer Lawrence, LLP

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The BIA held title to the land comprising Pine View Estates in trust on behalf of Kizer.
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Accordingly, IT IS HEREBY STIPULATED by and between the parties hereto, with the

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approval of the Court, as follows: This matter is dismissed with prejudice and each party to bear their

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own costs and attorney’s fees.

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Dated: February 6, 2019.

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By:
/s/ Michael C. Martinez
Michael C. Martinez (CA Bar No. 275581)
United States Department of Justice
Environment and Natural Resources Division
Environmental Defense Section
[e-mail]
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
Tel. [phone]

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Attorney for Respondent

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Dated: February 6, 2019.

DYER LAWRENCE, LLP
By:
/s/ Francis C. Flaherty
Francis C. Flaherty
[e-mail]
2805 Mountain Street
Carson City, Nevada 89703
[phone]
FAX: [phone]
Attorney for Petitioner

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IT IS SO ORDERED:

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________________________________
UNITED STATES DISTRICT JUDGE

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Febuary 6
DATED: ______________, 2019.

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2805 Mountain Street
Carson City, Nevada 89703
[phone]

Dyer Lawrence, LLP

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