UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
May 24, 2012
BAYKEEPER, A NON-PROFIT CORPORATION,
SVENDSEN'S BOAT WORKS, INC.,
The opinion of the court was delivered by: Honorable Nathanael Cousins United States District Court
Hon. Nathanael Cousins NOTICE OF SETTLEMENT; [PROPOSED] ORDER DISMISSING COMPLAINT (Fed. R. Civ. P. 41(a)(2))
Notice of Tentative Settlement and [Proposed] Order Civil Case No. C 11-06687-NC
TO THE COURT AND TO THE PARTIES:
PLEASE TAKE NOTICE that Plaintiff Baykeeper ("Baykeeper") and Defendant Svendsen's Boat Works, Inc. ("Svendsen's") (collectively, the "Parties") have reached a settlement in this action, which has been executed by the Parties (the "Agreement"). The Agreement is attached as Exhibit 1. As required by federal law, a copy of the Agreement was sent to the U.S. Department of Justice and to the U.S. Environmental Protection Agency for a mandatory 45-day review period under Section 135.5 of Title 40 of the Code of Federal Regulations. The 45-day review period commenced on April 9, 2012. On May 16, 2012, the U.S. Department of Justice approved the Agreement. See Exhibit 2.
Consistent with the settlement of this action, the Parties hereby respectfully request that the Court 1) approve the Agreement, and 2) dismiss the case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) subject to retaining jurisdiction over the Parties with respect to resolving disputes arising under the Agreement following the entry of this Order. If any court of competent jurisdiction subsequently finds that the Court lacks jurisdiction to resolve any dispute that may arise under this Agreement and to enforce this Agreement in accord with the Court's resolution of the dispute, the Parties stipulate that (1) they will jointly request the Court to set aside dismissal of the Complaint and to reinstate the Complaint for the sole purpose of providing the Court jurisdiction to resolve the dispute and enforce this Agreement accordingly, and (2) should the Court decline to do so, this Agreement shall be deemed a binding contract enforceable as a contract by the California Superior Court for the County of Alameda.
After consideration of the Settlement Agreement between the Parties, and GOOD CAUSE
APPEARING, IT IS HEREBY ORDERED THAT the Complaint filed in this action on December 29, 2011, is hereby DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil Procedure 41(a)(2), subject to the Court having and retaining jurisdiction over the Parties with respect to resolving disputes arising under the Settlement Agreement following the entry of this Order;
IT IS SO ORDERED
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