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Baykeeper v. BAE Sys. San Francisco Ship Repair, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 7, 2011
Civil Case No. C 11-05184-SI (N.D. Cal. Nov. 7, 2011)

Opinion

Civil Case No. C 11-05184-SI

11-07-2011

BAYKEEPER, a non-profit corporation, Plaintiff, v. BAE SYSTEMS SAN FRANCISCO SHIP REPAIR, INC., Defendant.

Jason Flanders (Bar No. 238007) Andrea Kopecky (Bar No. 276366) SAN FRANCISCO BAYKEEPER, INC. Attorneys for Plaintiff BAYKEEPER


Jason Flanders (Bar No. 238007)

Andrea Kopecky (Bar No. 276366)

SAN FRANCISCO BAYKEEPER, INC.

Attorneys for Plaintiff

BAYKEEPER

Hon. Susan Illston

NOTICE OF SETTLEMENT; REQUEST TO VACATE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

the initial case management conference is set for April 13, 2012, at 2:30 p.m.

TO THE COURT AND TO THE PARTIES:

PLEASE TAKE NOTICE that Plaintiff Baykeeper ("Baykeeper") and Defendant BAE Systems San Francisco Ship Repair, Inc. ("BAE Systems") (collectively, the "Parties") have reached a settlement in this action, whose specific terms are set forth in a [Proposed] Consent Decree that has been executed by the Parties. As required by federal law, a copy of the [Proposed] Consent Decree 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] Consent Decree were sent to the Agencies via U.S. Certified Mail on today's date. Because the Agencies interpret the 45-Day review period as commencing on the date the Agencies receive the [Proposed] Consent Decree, Plaintiff will promptly notify the Court in writing upon expiration of the 45-Day review period, and shall advise the Court as to whether any objections were received from the Agencies. Upon expiration of the 45-Day review period, Plaintiff will also file the [Proposed] Consent Decree, along with a [Proposed] Order entering the Consent Decree and dismissing this case, for the consideration, approval, and execution by the Court. The Court may sign and enter the Consent Decree after the 45-Day review period has expired. See 40 C.F.R. § 135.5; 33 U.S.C. § 1365(c)(3).

Consistent with the impending settlement of this action, the Parties hereby respectfully request that the Court vacate from its calendar the February 3, 2011 Initial Case Management Conference and ADR Deadlines. Should the Court require any additional information, the undersigned will be pleased to provide it upon request.

Respectfully Submitted,

Andrea Kopecky

Attorney for Plaintiff

BAYKEEPER


Summaries of

Baykeeper v. BAE Sys. San Francisco Ship Repair, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 7, 2011
Civil Case No. C 11-05184-SI (N.D. Cal. Nov. 7, 2011)
Case details for

Baykeeper v. BAE Sys. San Francisco Ship Repair, Inc.

Case Details

Full title:BAYKEEPER, a non-profit corporation, Plaintiff, v. BAE SYSTEMS SAN…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 7, 2011

Citations

Civil Case No. C 11-05184-SI (N.D. Cal. Nov. 7, 2011)