Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: STIPULATION GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT; [PROPOSED] ORDER THEREON JON S. TIGAR , District Judge . Plaintiff Californians for Alternatives to Toxics ("Plaintiff") and Schneider Dock & Intermodal Facility, Ryan Schneider, and David Schneider ("Defendants") by and through their respective counsel, hereby stipulate and agree as follows: WHEREAS, on December 21, 2017, Plaintiff filed its First Amended Complaint (Docket No. 33) against Defendants alleging violations of
Summary: STIPULATION GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT; [PROPOSED] ORDER THEREON JON S. TIGAR , District Judge . Plaintiff Californians for Alternatives to Toxics ("Plaintiff") and Schneider Dock & Intermodal Facility, Ryan Schneider, and David Schneider ("Defendants") by and through their respective counsel, hereby stipulate and agree as follows: WHEREAS, on December 21, 2017, Plaintiff filed its First Amended Complaint (Docket No. 33) against Defendants alleging violations of t..
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STIPULATION GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT; [PROPOSED] ORDER THEREON
JON S. TIGAR, District Judge.
Plaintiff Californians for Alternatives to Toxics ("Plaintiff") and Schneider Dock & Intermodal Facility, Ryan Schneider, and David Schneider ("Defendants") by and through their respective counsel, hereby stipulate and agree as follows:
WHEREAS, on December 21, 2017, Plaintiff filed its First Amended Complaint (Docket No. 33) against Defendants alleging violations of the Clean Water Act;
WHEREAS, Plaintiff contends that, in January 2018, it discovered information concerning Schneider Dock Industrial Park, LLC ("SDIP"), and likewise contends that SDIP has violated, and continues to violate the Clean Water Act for failure to obtain NPDES permit coverage for its industrial storm water discharges in an area adjacent to what Defendants contends is the "Facility" at issue;
WHEREAS, on February 9, 2018 Plaintiff provided Schneider Dock Industrial Park, LLC with Plaintiff's Notice of Violations and Intent to File Suit ("NOV") alleging violations of the Clean Water Act and the General Permit;
WHEREAS, pursuant to 33 U.S.C. § 1365(b) no citizen suit action to enforce the Clean Water Act may be commenced prior to sixty days after the plaintiff has given notice to EPA, the State, and the alleged violator, and thus Plaintiff may not initiate an action to enforce the claims alleged in the NOV until April 10, 2018;
WHEREAS, the Court's Scheduling Order (Docket No. 35) set the deadline to add parties or amend the pleadings to be February 23, 2018;
WHEREAS, Plaintiff now seeks to amend the Complaint to include Schneider Dock Industrial Park, LLC as a Defendant in this matter.
The parties stipulate, and good cause exists, that:
(1) After April 10, 2018, Plaintiff may file a second amended complaint naming Schneider Dock Industrial Park, LLC as an additional Defendant in this matter. (2) Defendants' response thereto shall be filed within thirty (30) days after the second amended complaint is filed.
IT IS SO STIPULATED.
ATTESTATION FOR E-FILING
I hereby attest pursuant to Civil L.R. 5-1(i) (3) that I have obtained concurrence in the filing of this document from the other Signatory prior to filing.
ORDER APPROVING STIPULATION
Good cause appearing to allow Plaintiff to file a second amended complaint after April 10, 2018, IT IS SO ORDERED.
