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Baykeeper, A Non-Profit Corporation v. Lakeside Non-Ferrous Metals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


October 26, 2012

BAYKEEPER, A NON-PROFIT CORPORATION,
PLAINTIFF,
v.
LAKESIDE NON-FERROUS METALS, INC.,
DEFENDANT.

The opinion of the court was delivered by: Hon. Donna M. Ryu

[PROPOSED] ORDER OF ENTRY OF CONSENT DECREE, AND DISMISSAL

WHEREAS, the Parties in the above captioned action have reached a settlement whose 3 specific terms are set forth in the [Proposed] Consent Decree, attached hereto as Exhibit A.

WHEREAS, as required by federal law, a copy of the [Proposed] Consent Decree was mailed 5 on September 4, 2012, to the U.S. Department of Justice ("DOJ") and to the U.S. Environmental 6 Protection Agency for a mandatory 45-day review period under Section 135.5 of Title 40 of the Code 7 of Federal Regulations. The 45-day review period commenced on September 10, 2012, and 8 terminates on October 26, 2012.

WHEREAS, DOJ approved the [Proposed] Consent Decree and submitted its approval letter 10 to the Court on October 23, 2012. See Exhibit B.

IT IS HEREBY ORDERED that the [Proposed] Consent Decree is fully incorporated herein 12 by reference, and is entered as an Order of the Court.

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over Case No. CV-12- 14 03294-DMR for the sole purpose of enforcing compliance by the Plaintiff and Defendant with the 15 terms of the [Proposed] Consent Decree.

IT IS FURTHER ORDERED that the above captioned action against Defendant is dismissed with prejudice.

IT IS SO ORDERED.

Judge Donna M. Ryu United States District Court Northern District of California

20121026

© 1992-2012 VersusLaw Inc.



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