The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION TO APPROVE CONSENT AGREEMENT AND TO
DISMISS PLAINTIFF'S CLAIMS WITH
PREJUDICE; ORDER APPROVING
CONSENT AGREEMENT AND GRANTING DISMISSAL WITH PREJUDICE [FRCP 41(a)(2)] 33 U.S.C. §§ 1251 to 1387)
Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE ("PLAINTIFF" or "CSPA"), and Defendant ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, ("ALLIED") (collectively, the "Parties") stipulate as follows:
WHEREAS, on or about December 2, 2011, CSPA provided DEFENDANT with a Notice of Violations and Intent to File Suit ("60-Day Notice Letter") under Section 505 of the Federal Water Pollution Control Act ("Act" or "Clean Water Act"), 33 U.S.C. § 1365;
WHEREAS, on February 3, 2012, CSPA filed its Complaint against DEFENDANT in this Court, and said Complaint incorporated by reference all of the allegations contained in CSPA's December 2, 2011 60-Day Notice Letter;
WHEREAS, on April 25, 2012, CSPA amended its Complaint by filing the First Amended Complaint against DEFENDANT in this Court;
WHEREAS, CSPA and DEFENDANT, through their authorized representatives and without either adjudication of CSPA's claims or admission by DEFENDANT of any alleged violation or other wrongdoing, have chosen to avoid the costs and uncertainties of further litigation and to resolve the allegations of CSPA as set forth in the Clean Water Act Notice Letters and Complaint, in full by way of settlement. A copy of the agreement ("Consent Agreement") entered into by CSPA and DEFENDANTS is attached hereto as Exhibit A and incorporated by this reference.
WHEREAS, the Parties submitted the Consent Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice ("the agencies") and the 45-day review period set forth at 40 C.F.R. § 135.5 has been completed without objection by the agencies.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED TO BY AND BETWEEN THE PARTIES:
1. That the Court be requested to approve the Consent Agreement attached hereto as Exhibit A and enter judgment in therewith;
2. That CSPA's claims, as set forth in the Clean Water Act Notice Letters and Complaint, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties respectfully request an order from this Court dismissing such claims with prejudice
In accordance with Paragraphs 13, 16, and 18 of the Consent Agreement, the Parties also request that this Court retain and have jurisdiction over the CSPA and ALLIED through May 30, 2014, for the sole purpose of resolving any disputes between the Parties with respect to enforcement of any provision of the Consent Agreement.
DATED: January 30, 2012 JACKSON & TUERCK /s/ Robert J. Tuerck Robert J. Tuerck Attorney for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE DATED: January 30, 2012 LAW OFFICES OF THOMAS M. BRUEN /s/ Thoms M. Bruen (as approved on 02/01/2012 By: Thomas M. Bruen ...