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California Sportfishing Protection Alliance, A Non-Profit Corporation v. the Scotts Company LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 3, 2013

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
v.
THE SCOTTS COMPANY LLC, A CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

JOINT NOTICE REGARDING SETTLEMENT AND REQUEST TO RETAIN JURISDICTION; ORDER

NOTICE OF SETTLEMENT

Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendant The Scotts Company LLC ("Scotts"), (collectively referred to as the "Parties"), by and 4 through their counsel of record, hereby notify the court pursuant to Local Rule 272 5 that the Parties have reached a settlement in the above-entitled matter. The Parties 6 hereby request that the Court vacate all pending due dates and hearings, including the 7 deadline for Scotts to respond to CSPA's Complaint, and retain jurisdiction over this 8 case until the parties can fully document the settlement and CSPA can perform its 9 duties under Section 505(c)(3) of the Clean Water Act, 33 U.S.C. § 1365(c)(3), and 40 C.F.R. § 135.5, which require that the United States be given 45 days to review a proposed consent judgment in an action to which it is not a party. Upon the Parties' completion of their duties and within two weeks after said completion, the Parties will file with this Court a joint notice of dismissal to be signed by counsel for the Parties.

Respectfully Submitted,

Dated: January 3, 2013 HUNTON & WILLIAMS LLP By: /s/ Belynda B. Reck Belynda B. Reck Attorneys for Defendant THE SCOTTS COMPANY LLC LOZEAU DRURY LLP By: /s/ Douglas J. Chermak as authorized on December 26, 2012) Douglas J. Chermak Attorneys for Plaintiffs CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

Pursuant to the foregoing Stipulation, and good cause appearing, all dates and hearings are hereby vacated and the Court will retain jurisdiction over this matter for 4 one hundred and twenty days time to allow CSPA to fulfill its duties under the 5 settlement agreement. 6 7 8

IT IS SO ORDERED.

20130103

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