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California Sportfishing Protection Alliance; A Non-Profit Corporation v. Shamrock Materials

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 9, 2012

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE; A NON-PROFIT CORPORATION;
PETALUMA RIVER COUNCIL, AN UNINCORPORATED ASSOCIATION, PLAINTIFFS,
v.
SHAMROCK MATERIALS, INC.; A CORPORATION;
CORTO MENO SAND AND GRAVEL, LLC; A LIMITED LIABILITY CORPORATION;
CORTO MENO SAND AND GRAVEL, II, LLC; A LIMITED LIABILITY CORPORATION,
DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ASSIGNED TO HON. MARIA ELENA JAMES STIPULATED REQUEST TO AMEND CONDITIONAL DISMISSAL; [PROPOSED] ORDER

WHEREAS, on August 27, 2012, the Parties reached a settlement in principle of this Action;

WHEREAS, on October 6, 2012, the Parties entered into a written Settlement Agreement memorializing the terms of the settlement agreed to on August 27, 2012; 3

WHEREAS, the Settlement Agreement includes a schedule for monetary payments by Defendants the last payment of which is scheduled to occur on April 15, 2013; notice that the Parties had reached a settlement, the Court filed a Conditional Dismissal of this

WHEREAS, on August 28, 2012, upon receipt of the United States Magistrate Judge's Action that included the condition that if any party hereto shall certify to the Court, within ninety 8 days, with proof of service thereof, that the agreed consideration for said settlement has not been 9 delivered over, the foregoing order shall stand vacated and this cause shall forthwith be restored 10 to the calendar to be set for trial.

settlement conference and included in the Settlement Agreement will not be completely 13 delivered over until at least April 15, 2013, and; executed as agreed to by the Parties, the Court should extend the Conditional Dismissal date for 16 45-days beyond that final payment date until June 1, 2013, in order for the Parties to assure that 17 all of terms of the Settlement Agreement have been completed, to attempt to cure any breach, or 18 to provide certification to the Court that the agreed consideration for settlement was not 19 delivered and file any appropriate motion to enforce the Settlement Agreement; 20

WHEREAS, the Parties agree that the consideration agreed to at the August 27, 2012

WHEREAS, the Parties agree that in order for the terms of the Settlement to be fully

NOW THEREFORE, the Parties hereby stipulate to request that the Court amend its Conditional Dismissal of August 28, 2012 to read as follows: 22

The Court, having been advised that the parties in the above-captioned matter have agreed to a settlement of this case, hereby DISMISSES this case with prejudice.

However, if any party hereto shall certify to this Court, by not later than June 1, 2013, with proof of service thereof, that the agreed consideration for said settlement has not been delivered over, the foregoing order shall stand vacated and this cause shall forthwith be restored to the calendar to be set for trial. The Clerk of Court shall close the file.

Dated: September 28, 2012 Respectfully submitted, 2 LOZEAU DRURY LLP By: /s/ Michael R. Lozeau_____________ ___ Michael R. Lozeau* Attorneys for Plaintiffs California Sportfishing Protection Alliance and Petaluma River Counsel Dated: September 28, 2012 PARTON | SELL | RHOADES By: /s/ James E. Sell_____________ ___ James E. Sell Attorneys for Defendants Shamrock Materials, Inc., Corto Meno Sand and Gravel LLC, and Corto Meno Sand and Gravel II LLC

*I hereby attest that I have approval from counsel for any signatures indicated by a "conformed" 12 signature (/S/) within this efiled document. 13 14

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the Conditional Dismissal of 15 this Action entered by the Court on August 28, 2012 be amended as follows: 16

The Court, having been advised that the parties in the above-captioned matter have 17 agreed to a settlement of this case, hereby DISMISSES this case with prejudice. However, if any 18 party hereto shall certify to this Court, by not later than June 1, 2013, with proof of service 19 thereof, that the agreed consideration for said settlement has not been delivered over, the 20 foregoing order shall stand vacated and this cause shall forthwith be restored to the calendar to 21 be set for trial. The Clerk of Court shall close the file. 22

IT IS SO ORDERED.

Dated: _________________ 25 26

20121009

© 1992-2012 VersusLaw Inc.



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