The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION TO DISMISS PLAINTIFFS' CLAIMS WITH PREJUDICE; [PROPOSED] ORDER GRANTING DISMISSAL WITH PREJUDICE [FRCP 41(a)(2)]
WHEREAS, on January 10, 2008, Plaintiff California Sportfishing Protection Alliance ("CSPA") provided Defendant Sims Group USA Corporation ("Sims") with a Notice of Violations and Intent to File Suit (" CWA Notice") under Clean Water Act § 505, 33 U.S.C. § 1365.
WHEREAS, on March 24, 2009, CSPA provided notice of alleged violations by Sims of California Health and Safety Code § 25249.5, et seq. ("Prop 65") and CSPA's intention to file suit against Sims ("Prop. 65 Notice") to the California Attorney General's Office and to the District Attorneys of Yolo, Sacramento, and Solano Counties.
WHEREAS, on April 15, 2008, CSPA filed a Complaint against Sims in this Court, California Sportfishing Protection Alliance v. Sims Group USA Corporation, Case No. 2:08-cv-00879-WBS-KJM. Said Complaint incorporates by reference all of the allegations contained in CSPA's CWA Notice.
WHEREAS, CSPA and Sims, through their authorized representatives and without either adjudication of CSPA's claims or admission by Sims 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 CWA Notice, Prop. 65 Notice, and Complaint, thereby avoiding the costs and uncertainties of further litigation. A copy of the Consent Agreement entered into by and between CSPA and Sims is attached hereto as Exhibit 1 and incorporated by reference.
WHEREAS, the parties submitted the Consent 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 concluded and the federal agencies have submitted correspondence to the Court indicating that they have no objection to the terms of the Consent Agreement.
NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the parties that CSPA's claims, as set forth in the CWA Notice, Prop. 65 Notice, and Complaint, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The parties respectfully request an order from this Court dismissing such claims with prejudice. In accordance with paragraphs 36 and 41 of the Consent Agreement, the parties also request that this Court maintain jurisdiction over the parties through January 31, 2013, for the sole purpose of resolving any disputes between the parties with respect to enforcement of any provision of the Consent Agreement.
Good cause appearing, and the parties having stipulated and agreed,
IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance's claims against Defendant Sims Group USA Corporation, as set forth in the CWA Notice, Prop. 65 Notice and Complaint filed in Case No. 2:08-cv-00879-WBS-KJM, are hereby dismissed with prejudice.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through January 31, 2013 for the sole purpose of enforcing compliance by the parties of the terms of the Consent Agreement, attached to the parties' Stipulation to Dismiss as Exhibit 1.