California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 6/20/11 ORDERING that Plaintiff California Sportfishing Protection Alliance shall be permitted to file its proposed First Amended Complaint on 6/20/11, or as soon thereafter as ma y be convenient for Plaintiff. Further, it is ORDERED that Defendant William Callaway's response to the First Amended Complaint shall be filed not later than sixty (60) days after Plaintiff files its First Amended Complaint. Finally, it is ORDER ED that Plaintiff California Sportfishing Protection Alliance's claims against Defendants Paradise Ready Mix, Inc. and Brian Harrison as set forth in Plaintiff's Clean Water Act Notice Letter and the Complaint filed in Case No. 2:10-CV-01801-GEB-GGH, are hereby dismissed with prejudice.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 9 10 11 12 ANDREW L. PACKARD (State Bar No. 168690) ERIK M. ROPER (State Bar No. 259756) HALLIE B. ALBERT (State Bar No. 258737) Law Offices of Andrew L. Packard 100 Petaluma Blvd. N., Suite 301 Petaluma, CA 94952 Tel: (707) 763-7227 Fax: (707) 763-9227 E-mail: Andrew@packardlawoffices.com Erik@packardlawoffices.com ROBERT J. TUERCK (State Bar No. 255741) Jackson & Tuerck P.O. Box 148 429 W. Main Street, Suite C Quincy, California 95971 Tel: (530) 283-0406 E-mail: bob@jacksontuerck.com Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 14 15 16 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, 17 18 19 20 21 vs. Case No. 2:10-CV-01801-GEB-GGH STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON Magistrate Judge: Hon. Gregory G. Hollows PARADISE READY MIX, INC. a California corporation, WILLIAM CALLAWAY, an individual, and BRIAN HARRISON, an individual, Defendants. 22 23 24 25 26 WHEREAS, Plaintiff California Sportfishing Protection Alliance (“Plaintiff” or “CSPA”) filed its Complaint in this action on July 13, 2010; WHEREAS, on December 10, 2010, in its Order Discharging OSC, the Court acknowledged that Paradise Ready Mix is not a corporation; 27 28 29 30 31 STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON 1 Case No. 2:10-CV-01801-GEB-GGH 1 WHEREAS, Plaintiff and Defendant William Callaway (“Callaway”) acknowledge that 2 Callaway operates the ready mix concrete facility at issue in this action (“Facility”) as a sole 3 proprietorship under the business name, Paradise Ready Mix; 4 5 6 WHEREAS, Plaintiff acknowledges that Defendant Paradise Ready Mix, Inc. is a nonexistent corporate entity; WHEREAS, on May 18, 2011, Defendant Brian Harrison caused to be filed a declaration 7 signed under penalty of perjury representing that he is merely an employee of Callaway and in that 8 capacity he neither operates the Facility, nor is he responsible for maintenance or management of the 9 Facility; 10 11 12 13 14 WHEREAS, given the foregoing facts, Plaintiff acknowledges that Defendants Paradise Ready Mix, Inc. and Brian Harrison should not be named defendants in this action; WHEREAS, given the foregoing facts, Plaintiff has agreed to dismiss all claims against Defendants Paradise Ready Mix, Inc. and Brian Harrison with prejudice; WHEREAS, Plaintiff has provided Callaway herein a proposed First Amended Complaint 15 (attached herein as Exhibit A) which merely removes Defendants Paradise Ready Mix, Inc. and 16 17 18 19 20 21 22 23 24 25 Brian Harrison as named defendants; WHEREAS, Plaintiff’s proposed First Amended Complaint neither adds new claims, nor does it remove any of the claims for relief contained in its original Complaint. THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff and Defendants, in the interest of judicial economy: A. That Plaintiff shall be permitted to file its proposed First Amended Complaint on May 20, 2011, or as soon thereafter as may be convenient for Plaintiff; B. That Defendant Callaway’s response to the First Amended Complaint shall be filed not later than sixty (60) days after Plaintiff files its First Amended Complaint; and, 26 27 28 29 30 31 STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON 2 Case No. 2:10-CV-01801-GEB-GGH 1 C. That Plaintiff and Defendants hereby stipulate, pursuant to Rule 41(a)(1)(A)(ii) of the 2 Federal Rules of Civil Procedure, that Plaintiff hereby dismisses all claims against Defendants 3 Paradise Ready Mix, Inc. and Brian Harrison with prejudice. 4 5 Respectfully submitted, 6 7 Dated: May 20, 2011 LAW OFFICES OF ANDREW L. PACKARD 8 By: /s/ Erik Roper______________________________ Erik M. Roper Attorneys for Plaintiff California Sportfishing Protection Alliance 9 10 11 12 Dated: May 20, 2011 13 William Callaway By: /s/ William Callaway_________________________ William Callaway, Defendant in Propria Persona (Electronically signed pursuant to Local Rule 131(f); original signature retained by attorney Erik Roper) 14 15 16 17 Dated: May 20, 2011 18 Brian Harrison By: /s/ Brian Harrison___________________________ Brian Harrison, Defendant in Propria Persona (Electronically signed pursuant to Local Rule 131(f); original signature retained by attorney Erik Roper) 19 20 21 22 23 24 25 26 27 28 29 30 31 STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON 3 Case No. 2:10-CV-01801-GEB-GGH ORDER 1 2 Pursuant to Stipulation, and good cause appearing, it is ORDERED that Plaintiff California 3 Sportfishing Protection Alliance shall be permitted to file its proposed First Amended Complaint on 4 June 20, 2011, or as soon thereafter as may be convenient for Plaintiff. Further, it is ORDERED that 5 Defendant William Callaway’s response to the First Amended Complaint shall be filed not later than 6 sixty (60) days after Plaintiff files its First Amended Complaint. Finally, it is ORDERED that 7 Plaintiff California Sportfishing Protection Alliance’s claims against Defendants Paradise Ready 8 Mix, Inc. and Brian Harrison as set forth in Plaintiff’s Clean Water Act Notice Letter and the 9 Complaint filed in Case No. 2:10-CV-01801-GEB-GGH, are hereby dismissed with prejudice. 10 11 IT IS SO ORDERED. 12 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 17 Dated: June 20, 2011 /s/ Gregory G. Hollows ____________________________________________________ UNITED STATES DISTRICT COURT MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 29 30 31 STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON 4 Case No. 2:10-CV-01801-GEB-GGH EXHIBIT A

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