California Sportfishing Protection Alliance et al v. Syar Industries Inc.
Filing
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STIPULATION and ORDER OF DISMISSAL signed by Judge Garland E. Burrell, Jr. on 05/05/10 ORDERING that plfs California Sportfishing Protection Alliance and Northern California River Watch's claims against dft Syar Industries, Inc., are hereby DISMISSED. The Court shall retain jurisdiction over the parties through 12/01/12 for the sole purpose of enforcing compliance by the parties of the terms of the Settlement. CASE CLOSED (Benson, A.)
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MICHAEL R. LOZEAU (CA SBN 142893) michael@lozeaudrury.com RICHARD DRURY (CA SBN 163559) doug@lozeaudrury.com DOUGLAS J. CHERMAK (CA SBN 233382)
LOZEAU DRURY LLP
1516 Oak Street, Suite 216 Alameda, CA 94501 Telephone: (510) 749-9102
ANDREW L. PACKARD (CA SBN 168690) andrew@packardlawoffices.com LAW OFFICES OF ANDREW L. PACKARD 319 Pleasant Street Petaluma, CA 94952 Telephone: (707) 763-7227 Attorneys for Plaintiffs CALIFORNIA SPORTFISHING PROTECTION ALLIANCE AND NORTHERN CALIFORNIA RIVER WATCH CHRISTOPHER J. CARR (CA SBN 184076) CCarr@mofo.com SHAYE DIVELEY (CA SBN 215602) SDiveley@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Attorneys for Defendant SYAR INDUSTRIES, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation; NORTHERN CALIFORNIA RIVER WATCH, a non-profit corporation, Plaintiffs, v. SYAR INDUSTRIES, INC., a corporation, Defendant.
Case No. 2:09-CV-02745-GEB-EFB STIPULATION TO DISMISS PLAINTIFFS' CLAIMS; [PROPOSED] ORDER GRANTING DISMISSAL [FRCP 41(a)(2)]
STIPULATION TO DISMISS AND [PROPOSED] ORDER
Case No. 2:09-CV-02745-GEB-EFB
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WHEREAS, on May 1, 2009, Plaintiffs California Sportfishing Protection Alliance and Northern California River Watch (collectively "CSPA") provided Defendant Syar Industries, Inc. ("Syar") with a Notice of Violations and Intent to File Suit ("Notice") under Clean Water Act § 505, 33 U.S.C. § 1365. WHEREAS, on October 1, 2009, CSPA filed its Complaint against Syar in this Court, California Sportfishing Protection Alliance v. Syar Industries, Inc., Case No. 2:09-cv02745-GEB-EFB. Said Complaint incorporates by reference all of the allegations contained in CSPA's Notice. WHEREAS, CSPA and Syar, through their authorized representatives and without either adjudication of CSPA's claims or admission by Syar 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 the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation. A copy of the Settlement Agreement and Mutual Release of Claims ("Settlement Agreement"), without the attached exhibits, entered into by and between CSPA and Syar is attached hereto as Exhibit 1 and incorporated by reference. WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to the Court indicating that they have no objection to the terms of the Settlement Agreement. NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the parties that CSPA's claims, as set forth in the Notice and Complaint, be dismissed. The parties respectfully request an order from this Court dismissing such claims. In accordance with Paragraph 2 of the Settlement Agreement, the parties also request that this Court maintain jurisdiction over the parties through December 1, 2012, for the sole purpose of resolving any /// /// ///
STIPULATONI TO DISMISS AND [PROPOSED] ORDER
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Case No. 2:09-CV-02745-GEB-EFB
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disputes between the parties with respect to enforcement of any provision of the Settlement Agreement. Dated: April 21, 2010 MICHAEL R. LOZEAU RICHARD DRURY DOUGLAS J. CHERMAK LOZEAU DRURY LLP ANDREW L. PACKARD LAW OFFICES OF ANDREW L. PACKARD
By:
Douglas J. Chermak Douglas J. Chermak Attorneys for Plaintiffs CALIFORNIA SPORTFISHING PROTECTION ALLIANCE AND NORTHERN CALIFORNIA RIVER WATCH
Dated: April 21, 2010
CHRISTOPHER J. CARR SHAYE DIVELEY MORRISON & FOERSTER LLP
By:
Christopher J. Carr Christopher J. Carr (signature authorized on 4/21/10) Attorneys for Defendant SYAR INDUSTRIES, INC.
STIPULATION TO DISMISS AND [PROPOSED] ORDER
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Case No. 2:09-CV-02745-GEB-EFB
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STIPULATION TO DISMISS AND [PROPOSED] ORDER
ORDER Good cause appearing, and the parties having stipulated and agreed, IT IS HEREBY ORDERED that Plaintiffs California Sportfishing Protection Alliance and Northern California River Watch's claims against Defendant Syar Industries, Inc., as set forth in the Notice and Complaint filed in Case No. 2:09-cv-02745-GEB-EFB, are hereby dismissed. IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through December 1, 2012 for the sole purpose of enforcing compliance by the parties of the terms of the Settlement Agreement, attached to the parties' Stipulation to Dismiss as Exhibit 1. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: May 5, 2010 GARLAND E. BURRELL, JR. United States District Judge
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Case No. 2:09-CV-02745-GEB-EFB
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