Filed: Jun. 03, 2015
Latest Update: Jun. 03, 2015
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL JUDGMENT JON S. TIGAR , District Judge . STIPULATION WHEREAS, on April 18, 2013, Plaintiff the San Francisco Herring Association ("Plaintiff") filed this lawsuit in the United States District Court for the Northern District of California, Case No. 13-cv-01750-JST against Defendants National Park Service (the "NPS"), et al. (collectively "Defendants"); WHEREAS, on July 10, 2013, Plaintiff filed the operativ
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL JUDGMENT JON S. TIGAR , District Judge . STIPULATION WHEREAS, on April 18, 2013, Plaintiff the San Francisco Herring Association ("Plaintiff") filed this lawsuit in the United States District Court for the Northern District of California, Case No. 13-cv-01750-JST against Defendants National Park Service (the "NPS"), et al. (collectively "Defendants"); WHEREAS, on July 10, 2013, Plaintiff filed the operative..
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE AND FINAL JUDGMENT
JON S. TIGAR, District Judge.
STIPULATION
WHEREAS, on April 18, 2013, Plaintiff the San Francisco Herring Association ("Plaintiff") filed this lawsuit in the United States District Court for the Northern District of California, Case No. 13-cv-01750-JST against Defendants National Park Service (the "NPS"), et al. (collectively "Defendants");
WHEREAS, on July 10, 2013, Plaintiff filed the operative First Amended Complaint (the "Complaint") asserting two causes of action: (1) Count 1, for violation of Section 10(e)(2)(C) of the Administrative Procedure Act ("APA") (5 U.S.C. § 706(2)(C)); and (2) Count 2, for violation of 10(e)(2)(A) of the APA (5 U.S.C. § 706(2)(A)) (Dkt. 17);
WHEREAS, on March 7, 2014, the Court heard cross motions for summary judgment regarding the issue of whether the NPS has statutory authority and jurisdiction to prohibit commercial fishing in certain waters of the San Francisco Bay, an issue determinative of Count 1 and partially determinative of Count 2;
WHEREAS, on April 29, 2014, the Court granted Defendants' motion for summary judgment and denied Plaintiff's motion, finding that the NPS has such authority and jurisdiction (Dkt. 127);
WHEREAS, on May 21, 2014, the Court entered judgment for Defendants and against Plaintiff "on the entirety of Count 1 of the Complaint, and . . . all portions of Count 2 of the Complaint based on allegations that the NPS exceeded its statutory jurisdiction or authority by prohibiting commercial fishing in the waters within GGNRA [(the Golden Gate Recreation Area)]" (Dkt.129);
WHEREAS, the aforementioned judgment did not contain an express determination that there was no just reason for delay and so did not end the action as to any of the claims or parties; and
WHEREAS, the parties have reached an agreement with respect to ending the action;
THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their designated counsel, subject to Court approval:
1. The remaining claims of Plaintiff not heretofore adjudicated or dismissed in this action (the remaining portions of Count 2) are hereby dismissed without prejudice.
2. The parties request the Court enter final judgment in favor of Defendants in the form submitted herewith.
IT IS SO STIPULATED.
ORDER
Pursuant to the stipulation of the parties, IT IS SO ORDERED.
