STIPULATION TO DISMISS PLAINTIFF'S CLAIMS; ORDER GRANTING DISMISSAL [FRCP 41(a)(2)]

JOHN A. MENDEZ, District Judge.

WHEREAS, on January 25, 2013, Plaintiff California Sportfishing Protection Alliance ("CSPA") provided Defendant MCM Construction, Inc. ("MCM") with a Notice of Violations and Intent to File Suit ("Notice") under Clean Water Act § 505, 33 U.S.C. § 1365.

WHEREAS, on April 30, 2013, CSPA filed its Complaint against MCM in this Court, California Sportfishing Protection Alliance v. MCM Construction, Inc., Case No. 2:13-cv-00847-JAM-EFB. Said Complaint incorporates by reference all of the allegations contained in CSPA's Notice.

WHEREAS, CSPA and MCM, through their authorized representatives and without either adjudication of CSPA's claims or admission by MCM of any alleged violation or other wrongdoing, have chosen to resolve in full by way of settlement the allegations of CSPA as set forth in the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation.

WHEREAS, the parties submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth at 40 C.F.R. § 135.5 has completed and the federal agencies have submitted correspondence to the Court indicating that they have no objection to the terms of the Settlement Agreement.

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the parties that CSPA's claims, as set forth in the Notice and Complaint, be dismissed. The parties respectfully request an order from this Court dismissing such claims.

ORDER

Good cause appearing, and the parties having stipulated and agreed,

IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance's claims against Defendant MCM Construction, Inc., as set forth in the Notice and Complaint filed in Case No. 2:13-cv-00847-JAM-EFB, are hereby dismissed.

PURSUANT TO STIPULATION, IT IS SO ORDERED.