NOTICE OF SETTLEMENT; [PROPOSED] ORDER DISMISSING COMPLAINT AND ENTERING CONSENT DECREE

PAUL S. GREWAL, Magistrate Judge.

TO THE CLERK OF THE COURT, ANY INTERESTED PARTIES, AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that Plaintiff, Ecological Rights Foundation, and Defendant, Pick-n-Pull San Jose Auto Dismantlers ("Pick-n-Pull"), (collectively, the "Parties") have reached settlement in the above-captioned case and have executed a Consent Decree.

PLEASE TAKE FURTHER NOTICE that U.S. Environmental Protection Agency regulations require that any proposed settlement of a Clean Water Act case must be provided to the United States Department of Justice and the national and Region IX offices of the United States Environmental Protection Agency ("federal agencies") prior to any judicial entry of the settlement. (See 33 U.S.C. § 1365(c); 40 C.F.R. § 135.5.) Plaintiff provided the [Proposed] Consent Decree to the federal agencies for review on October 30, 2015 and on December 14, 2015, the United States Department of Justice notified the court and the parties of its non-objection to the proposed settlement. In accordance with federal law, judgment disposing of this action may be now be entered.

NOW THEREFORE, for the reasons set forth above, the Parties hereby stipulate, and respectfully request, that the Court: (1) approve and execute the Order dismissing the Complaint with prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure and (2) approve and sign the attached Consent Decree which provides for continuing Court jurisdiction over any disputes which may arise between the parties under the agreement.

[PROPOSED] ORDER

After consideration of the Consent Decree between the parties attached to this order, I hereby dismiss this case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and retain jurisdiction over the parties with respect to any disputes that may arise under the Consent Decree.

IT IS SO ORDERED.