STIPULATED CONDITIONAL REQUEST TO SUBSTITUTE COUNSEL AND TO STAY CIVIL PENALTY AND ORDER

JOHN A. MENDEZ, District Judge.

Defendants Gustafson Auto Wrecking and Towing, Inc., Dale Gustafson and Dan Gustafson ("GAW") hereby conditionally request that the Court allow Michael E. Vinding of the firm of Brady & Vinding ("Vinding") to substitute as counsel of record for Defendants, replacing Jeffory J. Scharff of the Law Offices of Jeffory J. Scharff ("Scharff").1 A true and correct copy of the Substitution of Attorney and Proposed Order Approving Substitution ("Substitution") authored and signed by Scharff is attached to the Declaration of Vinding as Exhibit 1. (Although no signature line was provided for Vinding, as noted in the Vinding Declaration, Vinding conditionally joins in the substitution request.)

Plaintiff California Sportfishing Protection Alliance (hereinafter "CSPA" or "Plaintiff") hereby stipulates and joins in the request.

Vinding's request as proposed new counsel is conditioned on the following:

The Parties jointly request that the Court stay enforcement of the civil penalty of $37,500 awarded by the Court on May 31, 2013 until January 1, 2014.2 If Defendants do not fully comply with the terms stated below the Court shall reinstate the award. If Defendants comply with the terms stated below, the Parties request that the Court vacate the civil penalty entirely, following notice by Plaintiff's counsel.

The terms are as follows:

1. The primary consideration offered by Defendants is to cease all operations and remove all cars3 and car parts, to Plaintiff's good faith satisfaction in order to avoid any future violations of Federal Water Pollution Control Act (3 U.S.C. §§ 1251-1387), on the uncovered portions of the approximately nine-acre vehicle dismantling facility located at 19748 Collyer Drive, in Redding, California (the "Facility") not later than December 31, 2013 and thereafter list the Facility property for sale.

2. Defendants shall publicly declare their intent to terminate regulation of the Facility under the General Permit by filing a Notice of Termination ("NOT") with the Regional Board at its office in Redding, California, no later than December 1, 2013.

Plaintiff and Defendants anticipate that this request will be unopposed by Scharff as he has signed a substitution of attorney form. (A true and correct copy is attached as Exhibit 1 to the Declaration of Vinding.)

The Parties represent to the Court that substantial progress has been made in the removal of cars and parts from the Facility, particularly in the last two weeks. For comparison purposes, a photograph of the Facility at the time of the Consent Agreement (May, 2011) is attached as Exhibit 2 to the Declaration of Vinding. A photograph of the Facility taken last week is attached as Exhibit 3 to the Declaration of Vinding. Exhibits 2 and 3 demonstrate that the number of vehicles has been reduced from approximately 1,000 to approximately 60.

This Stipulation is conditioned on the fact that Vinding, as proposed new counsel, has no desire or intention by this substitution to take on any liability associated with the final sentence of the Court's May 31, 2013 order ["Defendant's failure to make this payment within 30 days of this Order will result in further sanctions to Defendant's counsel."].

NOW, THEREFORE, IT IS HEREBY STIPULATED AND ORDERED AND DECREED BY THE COURT, AS FOLLOWS:

The Court hereby stays enforcement of the civil penalty of $37,500 awarded by the Court on May 31, 2013 (Docket No. 58) until January 1, 2014. If Defendants do not fully and timely comply with the terms below, the Court shall reinstate the award upon receipt of notice of non-compliance with those terms from Plaintiff's counsel. If Defendants comply with the terms set forth below, the Court will vacate the civil penalty.

The terms are as follows:

1. Defendants shall cease all operations and remove all vehicles and vehicle parts to Plaintiff's good faith satisfaction in order to avoid any future violations of the Federal Water Pollution Control Act (3 U.S.C. §§ 1251-1387), on the uncovered portions of the approximately nine-acre vehicle dismantling facility located at 19748 Collyer Drive, in Redding, California (the "Facility") not later than December 31, 2013 and thereafter list the Facility property for sale.

2. Defendants shall publicly declare their intent to permanently terminate operations at the Facility and regulation of the Facility under the General Permit by filing a Notice of Termination ("NOT") with the Regional Board at its office in Redding, California, no later than December 1, 2013.

IT IS SO ORDERED.