NOTICE OF SETTLEMENT; STIPULATION TO VACATE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED] ORDER

KANDIS A. WESTMORE, District Judge.

TO THE COURT AND TO THE PARTIES:

PLEASE TAKE NOTICE that Plaintiff San Francisco Baykeeper ("Baykeeper") and Defendant Oldcastle Precast, Inc. ("Oldcastle") (collectively, the "Parties") have reached a tentative settlement in this action, which has been executed by the Parties. As required by federal law, a copy of the [Proposed] Settlement Agreement has been sent to the U.S. Department of Justice and to the U.S. Environmental Protection Agency (collectively, "the Agencies") for a mandatory 45-day review period under Section 135.5 of Title 40 of the Code of Federal Regulations. Copies of the [Proposed] Settlement Agreement will be sent to the Agencies via U.S. Certified Mail on today's date. Upon expiration of the 45-day review period, the Parties will jointly request that the Court (1) approve and execute an Order dismissing the Complaint, and (2) approve and execute the [Proposed] Settlement Agreement which provides for continuing Court jurisdiction over any disputes which may arise between the parties under the agreement.

Consistent with the impending settlement of this action, the Parties hereby respectfully request that the Court vacate from its calendar the April 15, 2014 Case Management Conference and associated deadlines. The Parties also request a continuance for Oldcastle to file its Answer, which is due during the 45-day review period on April 20, 2014. The Parties request that Oldcastle's Answer due date be continued to June 20, 2014.

[PROPOSED] ORDER

IT IS HEREBY ORDERED that the Parties' Case Management Conference is vacated. Defendant's time to file an Answer is continued to June 20, 2014.