STIPULATION FOR DISMISSAL OF PLAINTIFF'S CLAIMS WITH PREJUDICE; [PROPOSED] ORDER GRANTING DISMISSAL WITH PREJUDICE (FRCP 41(a)(2)]

KANDIS A. WESTMORE, Magistrate Judge.

Plaintiff CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION ("CEPA") and Defendants SONOMA SOIL BUILDERS, INC. ("SSB") and SHILOH OAKS COMPANY, LLC ("SHILOH"), hereby stipulate as follows:

WHEREAS, on October 23, 2015, CEPA filed the Complaint in this matter against Defendant SSB, and on June 9, 2016, CEPA filed a First Amended Complaint against SSB;

WHEREAS, on October 2, 2017, CEPA filed a Second Amended Complaint against SSB and Defendant SHILOH;

WHEREAS, CEPA, SSB and SHILOH (the "settling parties"), through their authorized representatives, and without either adjudication of CEPA's claims or admission by SSB or SHILOH of any alleged violation or other wrongdoing, have chosen to resolve in full by way of settlement the allegations of CEPA as set forth in the Complaint, thereby avoiding the costs and uncertainties of further litigation;

WHEREAS, the Settling Parties submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice (the "federal agencies") for a 45-day statutory review period, consistent with 33 U.S.C. 1365(c) and 40 C.F.R. 135.5, and that review period has expired. 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 Settling Parties that CEPA's claims, as set forth in its Complaints, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

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 Signatories prior to filing.

[PROPOSED] ORDER

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

IT IS HEREBY ORDERED that Plaintiff California Environmental Protection Association's claims against Defendants Sonoma Soil Builders, Inc. and Shiloh Oaks Company, LLC, as set forth in CEPA's Complaints, are hereby dismissed with prejudice.

IT IS SO ORDERED.