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California Sportfishing Protection Alliance v. Nelson's Marine

November 13, 2009

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
v.
NELSON'S MARINE, INC., A CORPORATION. DEFENDANT.



The opinion of the court was delivered by: Vaughn R. Walker United States District Judge

CORRECTED EX PARTE REQUEST TO AMEND SETTLEMENT AGREEMENT; [PROPOSED] ORDER

WHEREAS, on May 14, 2009, this Court entered an order dismissing Plaintiff California Sportfishing Protection Alliance's ("CSPA") claims in the above action, California Sportfishing Protection Alliance v. Nelson's Marine, Inc., Case No. 3:09-cv- 00125-VRW, while retaining jurisdiction over the parties through December 15, 2011, for the sole purpose of resolving any disputes between the parties with respect to enforcement of any provision of the Settlement Agreement.

WHEREAS, on September 24, 2009, CSPA and Defendant Nelson's Marine, Inc. ("Nelson's Marine") finalized an Amendment to the Settlement Agreement ("Amendment"), pursuant to Paragraph 32 of the Settlement Agreement, extending the termination date of the Settlement Agreement to December 15, 2012. A copy of the Amendment entered into by and between CSPA and Nelson's Marine is attached hereto as Exhibit 1 and incorporated by reference.

WHEREAS, the parties submitted the Amendment 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 Amendment.

WHEREAS, Carl Nelson, owner and President of Nelson's Marine, has signed the Amendment and indicated that he has no objection to the Court amending its dismissal order to include the Amendment.

NOW THEREFORE, Petitioner respectfully requests an order from the Court amending its dismissal to incorporate the Amendment to the Settlement Agreement and to maintain jurisdiction over the parties through December 15, 2012, for the sole purpose of resolving any disputes between the parties with respect to enforcement of any provision of the Settlement Agreement and Amendment.

[PROPOSED] ORDER

IT IS HEREBY ORDERED that the Court's May 14, 2009 Order shall be amended to include the attached Amendment to the Settlement Agreement, attached to the Ex Parte Request to Amend Settlement Agreement as Exhibit 1.

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through December 15, 2012 for the sole purpose of enforcing compliance by the parties of the terms of the Settlement Agreement and Amendment.

IT IS SO ORDERED.

EXHIBIT 1

AMENDMENT TO THE SETTLEMENT AGREEMENT AND MUTUAL

RELEASE OF CLAIMS

This Amendment to the Settlement Agreement and Mutual Release of Claims ("AMENDMENT") is entered into between the California Sportfishing Protection Alliance ("CSPA") and Nelson's Marine, Inc. ("Nelson's Marine") (collectively, the "SETTLING ...


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