IRONBOUND COMMUNITY CORPORATION et al v. COVANTA ESSEX COUNTY et al

Filing 29

ORDER ON ORAL MOTION: that by 8/23/10, the parties shall advise in writing as to whether this matter is fully resolved. Signed by Magistrate Judge Claire C. Cecchi on 7/23/10. (sr, )

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ORDER ONOA MOTION] July 9. 2010 Via Fascimile and U.S. Mail The Honorable Claire C. Cecchi, U.S.MJ. United States Court for the District of New Jersey Martin Luther King, Jr. Federal Building and U.S. Courthouse 50 Walnut Street, Room 2064 Newark, New Jersey 07102 RE: Ironbound Community Corporation, et aL v. Covanta Essex Company, et aL, Docket No. 2:09-cv-00770 (JLL)(CCC) HE ChMBbRS )F Dear Judge Cecchi: We are counsel for plaintiffs Ironbound Community Corporation and GreenFaith in the above captioned matter. I refer to the Court's Order dated May 10, 2010 directing the parties to advise Your Honor in writing by July 9, 2010 as to whether the matter has settled. We are pleased to inform you that plaintiffs and defendants have reached an agreement as to plaintiffs' claim for attorneys' fees, which was the last remaining issue regarding the settlement of this case. Accordingly, today I am sending a copy of our proposed Consent Judgment to the Attorney General of the United States and to the Administrator of the Environmental Protection Agency for their review pursuant to 42 U.S.C. § 7604(c)(3). That provision states that no Consent Judgment may be entered in an action brought under § 7604 prior to 45 days following the receipt of a copy of the proposed Consent Judgment by the Attorney General and the Administrator of the EPA. The parties have agreed that once the 45day review period under § 7604(c)(3) comes to a close they will cooperate to have the Court enter the proposed Consent Judgment and an order of dismissal. wrztrq G 1k- Undered heflw -ti-u c' r cHe( s li.th `j re c i y 3 ALUS4 `4iQ Sc Respectfully Submitted ` . d. "V /VL, \/ ,/, f/ / William J. Schulte, Esq. Cc: Kathy Balderston, Esq. (via facsimile) SO ORDERED 744 Broad Street, Suee 1525 Newark. NJ 07 02 Ph 973424.1 166 Fx 9737104653 www.easternenvironmental.org __-_ s/Claire C Cecchj Claire C. Cecchi, U.S.M.J. Dockets.Justia.com

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