California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,
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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.
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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;
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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT;
[PROPOSED] ORDER THEREON
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Case No. 2:10-CV-01801-GEB-GGH
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WHEREAS, Plaintiff and Defendant William Callaway (“Callaway”) acknowledge that
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Callaway operates the ready mix concrete facility at issue in this action (“Facility”) as a sole
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proprietorship under the business name, Paradise Ready Mix;
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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
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signed under penalty of perjury representing that he is merely an employee of Callaway and in that
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capacity he neither operates the Facility, nor is he responsible for maintenance or management of the
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Facility;
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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
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(attached herein as Exhibit A) which merely removes Defendants Paradise Ready Mix, Inc. and
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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,
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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT;
[PROPOSED] ORDER THEREON
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Case No. 2:10-CV-01801-GEB-GGH
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C. That Plaintiff and Defendants hereby stipulate, pursuant to Rule 41(a)(1)(A)(ii) of the
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Federal Rules of Civil Procedure, that Plaintiff hereby dismisses all claims against Defendants
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Paradise Ready Mix, Inc. and Brian Harrison with prejudice.
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Respectfully submitted,
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Dated: May 20, 2011
LAW OFFICES OF ANDREW L. PACKARD
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By: /s/ Erik Roper______________________________
Erik M. Roper
Attorneys for Plaintiff
California Sportfishing Protection Alliance
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Dated: May 20, 2011
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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)
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Dated: May 20, 2011
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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)
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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT;
[PROPOSED] ORDER THEREON
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Case No. 2:10-CV-01801-GEB-GGH
ORDER
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Pursuant to Stipulation, and good cause appearing, it is ORDERED that Plaintiff California
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Sportfishing Protection Alliance shall be permitted to file its proposed First Amended Complaint on
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June 20, 2011, or as soon thereafter as may be convenient for Plaintiff. Further, it is ORDERED that
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Defendant William Callaway’s response to the First Amended Complaint shall be filed not later than
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sixty (60) days after Plaintiff files its First Amended Complaint. Finally, it is ORDERED that
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Plaintiff California Sportfishing Protection Alliance’s claims against Defendants Paradise Ready
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Mix, Inc. and Brian Harrison as set forth in Plaintiff’s Clean Water Act Notice Letter and the
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Complaint filed in Case No. 2:10-CV-01801-GEB-GGH, are hereby dismissed with prejudice.
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IT IS SO ORDERED.
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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
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Dated: June 20, 2011
/s/ Gregory G. Hollows
____________________________________________________
UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
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STIPULATION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT;
[PROPOSED] ORDER THEREON
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Case No. 2:10-CV-01801-GEB-GGH
EXHIBIT A
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