Opinion
Case No. 11-CV-00938 SVW (FMOx)
10-28-2011
ACTION NETWORK, MARCIA HANSCOM, an individual, Plaintiff, v. CBS OUTDOOR INC. a Delaware corporation; and DOES 1 through 100, Defendants.
COASTAL LAW ENFORCEMENT
[PROPOSED] ORDER OF DISMISSAL
Hon.
Department: 6
Action filed: January 31, 2011
WHEREAS, Plaintiffs, the Coastal Law Enforcement Action Network and Marcia Hanscom ("Plaintiffs") and Defendant CBS Outdoor Inc. ("CBSO") (collectively, the "Parties") have entered into a stipulation of dismissal of this action pursuant to Rule 41(a)(l)(ii) of the Federal Rules of Civil Procedure;
WHEREAS the Parties' stipulation calls for the dismissal with prejudice in part and dismissal without prejudice in part;
WHEREAS, the Parties stipulate that CBSO did not intentionally, knowingly, or willfully violate the Coastal Act with respect to the six sign structures identified in the FAC and that there is no cause of action for civil penalties under section 30820(a) for any conduct occurring prior to January 1, 1993, when the statute became effective; and
WHEREAS, on August 29, 2011, Plaintiffs filed a motion to voluntarily dismiss this Action without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, and CBSO indicated it would oppose that motion in the absence of reasonable conditions;
For good cause appearing, IT IS HEREBY ORDERED THAT
1) Plaintiffs' First Claim for Relief against all Defendants is dismissed without prejudice.
2) Plaintiffs' Second Claim for Relief against all Defendants is dismissed without prejudice.
3) Plaintiffs' Third Claim for Relief is dismissed with prejudice, to the extent the claim seeks penalties for any conduct occurring prior to January 1,1993. Plaintiffs' Third Claim for Relief, to the extent it seeks civil penalties for development alleged to have occurred after January 1, 1993, is dismissed without prejudice.
4) Plaintiffs' Fourth Claim for Relief is dismissed with prejudice.
5) Plaintiffs' pending motion to voluntarily dismiss the action is vaczted.
6) Each party shall bear his, her, or its own costs, expenses, and attorney's fees incurred in connection with this action.
IT IS SO ORDERED.
Hon. Stephen V. Wilson
Judge, United States District Court