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California Sportfishing Protection Alliance, A Non-Profit Corporation v. West Coast Metal

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 17, 2012

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION,
PLAINTIFF,
v.
WEST COAST METAL, INC., A CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge Donna M. Ryu United States Magistrate Judge

Michael R. Lozeau (State Bar No. 142893) Douglas J. Chermak (State Bar No. 233382) 2 LOZEAU DRURY LLP 410 12th St., Suite 250 3 Oakland, CA 94607 4 Tel: (510) 836-4200 Fax: (510) 836-4205 (fax) 5 E-mail: michael@lozeaudrury.com doug@lozeaudrury.com 6 Attorneys for Plaintiff 7 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE 8

NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS AND VACATING EXISTING DEADLINES AS MODIFIED Magistrate Judge: Hon. Donna M. Ryu Further Case Management Conference: June 13, 2012 Time: 1:30 p.m. Courtroom: 4

PLEASE TAKE NOTICE that the parties have reached a settlement resolving all claims in 19 this action. The settlement is contingent upon the expiration of the federal agencies' 45-day review 20 period required by the Federal Water Pollution Control Act, 33 U.S.C. § 1365(c)(2).*fn1

PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment 22 disposing of this action may be entered prior to 45 days following the receipt of the proposed 23 settlement agreement by the United States Department of Justice and the national and Region IX 24 offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 (requiring the 25 26 parties to provide notice to the court of the 45-day agency review period under 33 U.S.C. § 1365(c)).

Such notice was mailed to the agencies on May 16, 2012. The regulatory agencies' review period 3 will end by approximately July 9, 2012 (allowing forty-five days for agency review and 4 approximately nine days for mailing time). If any of the reviewing agencies object to the proposed 5 Settlement Agreement, the parties would require additional time to meet and confer and attempt to 6 resolve the agencies' concerns. At the end of the 45-day review period, the parties will file either a 7

Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a notice 8 that the agencies objected to the proposed Settlement Agreement.

In light of the settlement agreement entered into by the parties and the need to await the 10 conclusion of the agencies' 45-day review period, Plaintiff California Sportfishing Protection 11 Alliance ("CSPA") and Defendant West Coast Metal, Inc. ("WCM"), through their respective 12 counsel, stipulate and agree as follows:

WHEREAS, on March 22, 2011, CSPA filed its complaint in this action;

WHEREAS, CSPA and WCM have been diligently engaged in settlement discussions since 15 prior to the filing of the complaint; 16

WHEREAS, the parties successfully completed and executed a Settlement Agreement on May 9, 2012. 18

WHEREAS, on May 16, 2012, the parties submitted the Settlement Agreement via certified 19 mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and must now 20 await the completion of the 45-day review period set forth at 40 C.F.R. § 135.5 and 33 U.S.C. § 21 1365(c)(2);

WHEREAS, in the interests of efficiency and judicial economy, the parties wish to preserve 23 costs incurred in this matter pending the agencies review of the executed settlement agreement; 24

WHEREAS, in light of the parties' entering into the settlement agreement and the need to

25 allow the federal agencies 45 days to review the Settlement Agreement, the parties further request 26 that the Court immediately stay all proceedings in this action until July 18, 2012, by which date the 27 parties expect to have filed a Stipulation for Approval of Settlement Agreement and Dismissal of 28 Plaintiff's Claims with the Court. 2

THEREFORE, IT IS HEREBY STIPULATED by and between CSPA and WCM, 3 through their respective counsel of record, that the Court stay all proceedings in this action until July 4 18, 2012, and, with the exception of this Stipulation, vacate all deadlines and dates currently 5 scheduled by the Court. 6

PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS FURTHER ORDERED that the 15 parties must file a joint letter regarding the status of the settlement by July 20, 2012. 16

IT IS SO ORDERED

AS MODIFIED

Donna M. Ryu


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