Filed: Apr. 18, 2018
Latest Update: Apr. 18, 2018
Summary: STIPULATION TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE; ORDER GRANTING DISMISSAL WITH PREJUDICE [FRCP 41(a)(2)] TROY L. NUNLEY , District Judge . Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendants Chico Scrap Metal, Inc., George Scott, Sr., as an individual, and the George Scott, Sr. Revocable Inter Vivos Trust in the above-captioned action, stipulate as follows: WHEREAS, CSPA and Defendants, through their authorized representatives have settled the case and a
Summary: STIPULATION TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE; ORDER GRANTING DISMISSAL WITH PREJUDICE [FRCP 41(a)(2)] TROY L. NUNLEY , District Judge . Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendants Chico Scrap Metal, Inc., George Scott, Sr., as an individual, and the George Scott, Sr. Revocable Inter Vivos Trust in the above-captioned action, stipulate as follows: WHEREAS, CSPA and Defendants, through their authorized representatives have settled the case and a c..
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STIPULATION TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE; ORDER GRANTING DISMISSAL WITH PREJUDICE [FRCP 41(a)(2)]
TROY L. NUNLEY, District Judge.
Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendants Chico Scrap Metal, Inc., George Scott, Sr., as an individual, and the George Scott, Sr. Revocable Inter Vivos Trust in the above-captioned action, stipulate as follows:
WHEREAS, CSPA and Defendants, through their authorized representatives have settled the case and a copy of the Settlement Agreement ("Settlement Agreement") entered into by and between CSPA and Defendants is attached hereto as Exhibit A;
WHEREAS, CSPA has submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. Department of Justice ("DOJ")and the DOJ has now filed their "Non-Opposition to Consent Judgment," or the 45-day review period has expired without comment by the DOJ. NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the Parties that CSPA's claims, as set forth in its CWA 60-Day Notice Letters and Complaint, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Parties respectfully request an order from this Court dismissing such claims with prejudice.
The Parties further request that this Court retain jurisdiction over the Parties and in accordance with the terms of the Settlement Agreement, including paragraphs 10 and 16.
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
Good cause appearing, and the Parties having stipulated and agreed,
IT IS HEREBY ORDERED that Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE ("CSPA") claims against Defendants CHICO SCRAP METAL, INC., GEORGE SCOTT, SR., and the GEORGE SCOTT, SR. REVOCABLE INTER VIVOS TRUST, as set forth in CSPA's CWA 60-Day Notice Letters and Third Amended Complaint, are hereby dismissed with prejudice, each side to bear their own attorney fees and costs, except as provided for by the terms of the accompanying Settlement Agreement.
IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over the Parties with respect to any disputes arising under the Settlement Agreement and in accordance with the terms of the Settlement Agreement, including paragraphs 10 and 16.
IT IS SO ORDERED.
