UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 2, 2012
ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
JOHN SIMONELLI, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Lawrence K. Karlton
CALIFORNIA SPORTFISHING PROTECTION
STIPULATION OF VOLUNTARY DISMISSAL; ORDER
Fed. R. Civ. P. 41(a)(1)(A)(ii)
Trial Date: December 10, 2013 Time: 10:30 a.m.
Place: Courtroom 4
STIPULATION OF DISMISSAL
WHEREAS, Plaintiff California Sportfishing Protection Alliance filed a citizen enforcement
action against Defendants for violations of the Clean Water Act at their automobile dismantling facility;
WHEREAS, since the filing of this action Defendants have ceased operations at the facility;
WHEREAS, in the interest of saving the parties' and this Court's resources, the parties stipulate
to voluntarily dismiss this action without prejudice to re-file the action if Defendants resume operations.
IT IS THEREFORE HEREBY STIPULATED by and between the parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
Dated: September 14, 2012 LAWYERS FOR CLEAN WATER, INC. By: /s/Drevet Hunt Layne Friedrich Drevet Hunt Attorneys for Plaintiff California Sportfishing Protection Alliance Dated: September 14, 2012 SOMACH SIMMONS & DUNN LLP By: /s/Kanwarjit S. Dua (as authorized on 9/14/12) Kanwarjit S. Dua Attorneys for Defendants John Simonelli, et al.
IT IS SO ORDERED THAT:
Based upon the stipulation of the parties, the above captioned case is dismissed without prejudice.
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