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California Sportfishing Protection Alliance, A Non-Profit Corporation v. Valley Slurry Seal Company

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 11, 2011

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION,
PLAINTIFF,
v.
VALLEY SLURRY SEAL COMPANY, A CALIFORNIA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.

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 Boulevard N., Suite 301 Petaluma, CA 94952 Tel: (707) 763-7227 Fax: (415) 763-9227 E-mail: andrew@packardlawoffices.com erik@packardlawoffices.com hallie@packardlawoffices.com ROBERT J. TUERK (State Bar No. 255741) Jackson & Tuerck P.O. Box 148 429 W. Main Street, Suite C Quincy, CA 95971 Tel: (530) 283-0406 Fax: (530) 283-0416 E-mail: bob@jacksontuerck.com Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON

WHEREAS, Plaintiff California Sportfishing Protection Alliance ("Plaintiff" or "CSPA") filed its Complaint in this action on November 15, 2010;

WHEREAS, Mr. Terry Uhler ("Mr. Uhler") is the manager of the facility at issue in this action and that in this capacity he directs the operations and maintenance of the facility, including Defendant Valley Slurry Seal Company's management of storm water at the facility;

WHEREAS, on or about November 8, 2010, Plaintiff provided notice of Mr. Uhler's alleged violations of the Federal Water Pollution Control Act ("Clean Water Act" or "Act") ("Clean Water Act Notice"), and of its intention to file suit against Mr. Uhler to the Administrator of the United States Environmental Protection Agency ("EPA"); the Administrator of EPA Region IX; the Executive Director of the State Water Resources Control Board; the Executive Officer of the Regional Water Quality Control Board, Central Valley Region; and to Mr. Uhler via Certified Mail, as required by the Act, 33 U.S.C. § 1365(b)(1)(A);

WHEREAS, the 60-day statutory notice period of the Clean Water Act Notice expired on or about January 7, 2011;

WHEREAS, Plaintiff has provided Defendant herein a proposed First Amended Complaint (attached herein as Exhibit A) which adds Mr. Uhler as a Defendant subject to the Clean Water Act-related claims contained therein;

THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff and Defendant, in the interest of judicial economy:

A. That Plaintiff shall be permitted to file its proposed First Amended Complaint adding Mr. Uhler as a defendant on January 10, 2010, or as soon thereafter as may be convenient for Plaintiff.

B. Defendants' response to the First Amended Complaint shall be electronically filed not later than twenty-one (21) days after Plaintiff files its First Amended Complaint.

Respectfully submitted,

ORDER

Pursuant to Stipulation, and good cause appearing, it is ORDERED that Plaintiff is granted leave to file its proposed First Amended Complaint on January 12, 2011, or as soon thereafter as may be convenient for Plaintiff.

GARLAND E. BURRELL, JR. United States District Judge

20110111

© 1992-2011 VersusLaw Inc.



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