CALIFORNIA SPORTFISHING PROTECTION ALLIANCE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 14, 2013
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
THE SCOTTS COMPANY LLC, A CORPORATION. DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION TO DISMISS WITH PREJUDICE PLAINTIFF'S CLAIMS; [PROPOSED] ORDER GRANTING DISMISSAL [FRCP 41(a)(2)]
WHEREAS, on December 22, 2011, Plaintiff California Sportfishing Protection Alliance 18 ("CSPA") provided Defendant The Scotts Company LLC ("TSC") with a Notice of Violations and 19 Intent to File Suit ("Notice") under Clean Water Act § 505, 33 U.S.C. § 1365. 20 WHEREAS, on April 12, 2012, CSPA filed its Complaint against TSC in this Court, 21 California Sportfishing Protection Alliance v. The Scotts Company LLC, Case No. 2:12-cv-00973-22 GEB-DAD. Said Complaint incorporates by reference all of the allegations contained in CSPA's 23 Notice. 24
WHEREAS, CSPA and TSC, through their authorized representatives and without either 25 adjudication of CSPA's claims or admission by TSC of any alleged violation or other wrongdoing, 26 have chosen to resolve in full by way of settlement the allegations of CSPA as set forth in the Notice 27 and Complaint, thereby avoiding the costs and uncertainties of further litigation. A copy of the 28 29 Stipulation to Dismiss Plaintiff's Claims [Proposed] Order Granting Dismissal 1 Case No. 2:12-cv-00973-GEB-DAD Settlement Agreement and Mutual Release of Claims ("Settlement Agreement"), without the 2 attached exhibits, entered into by and between CSPA and TSC is attached hereto as Exhibit 1 and 3 incorporated by reference. 4
WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt 5 requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth 6 at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to the 7 Court indicating that they have no objection to the terms of the Settlement Agreement. 8 NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the 9 parties that CSPA's claims, as set forth in the Notice and Complaint, be dismissed with prejudice. 10
The parties respectfully request an order from this Court dismissing such claims. In accordance with 11 paragraph 2 of the Settlement Agreement, the parties also request that this Court maintain 12 jurisdiction over the parties through December 8, 2015, for the sole purpose of resolving any 13 disputes between the parties with respect to enforcement of any provision of the Settlement 14 Agreement. 15 16
Dated: March 12, 2013 Respectfully submitted, 17 LOZEAU DRURY LLP 18 19 By: _/s/ Douglas J. Chermak_________________ Douglas J. Chermak 20 Attorney for Plaintiff California Sportfishing Protection Alliance 21 22 HUNTON & WILLIAMS LLP 23 By: /s/ Belynda Reck (as authorized on 3/12/13) 24 Belynda Reck Attorney for Defendant The Scotts Company LLC
Good cause appearing, and the parties having stipulated and agreed, 3 IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance's 4 claims against Defendant The Scotts Company LLC, as set forth in the Notice and Complaint filed in 5 Case No. 2:12-cv-00973-GEB-DAD, are hereby dismissed with prejudice. 6 IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through 7 December 8, 2015, for the sole purpose of enforcing compliance by the parties of the terms of the 8 Settlement Agreement, attached to the parties' Stipulation to Dismiss as Exhibit 1. 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11
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