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NOTICE OF SETTLEMENT, STIP. TO VACATE CASE MGMT. CONF., [PROPOSED ORDER] -1- 

ENVIRONMENTAL ADVOCATES

JODENE ISAACS, ESQ. (SBN 226895) 

5135 Anza Street 

San Francisco, CA 94121 

Telephone: (415) 533-3376 

Facsimile: (415) 358-5695 

jisaacs@enviroadvocates.com 

ECOLOGY LAW CENTER 

FREDRIC EVENSON, ESQ. (SBN 198059) 

P.O. Box 1000 

Santa Cruz, CA 95061 

Telephone: (831) 454-8216 

evenson@ecologylaw.com 

Attorneys for Plaintiff 

ECOLOGICAL RIGHTS FOUNDATION 

GREBEN & ASSOCIATES 

JAN A. GREBEN, ESQ. (SBN 103464) 

125 E. De La Guerra Street, Suite 203 

Santa Barbara, California, 93101 

Telephone: (805) 963-9090 

Email: jan@grebenlaw.com 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ECOLOGICAL RIGHTS FOUNDATION,

 Plaintiff, 

 v. 

SCHMIDBAUER LUMBER, INC. and 

SCHMIDBAUER BUILDING SUPPLY, LLC,

 Defendants.

CASE NO. 4:16-cv-07401-HSG

NOTICE OF SETTLEMENT; 

STIPULATION TO VACATE CASE 

MANAGEMENT CONFERENCE; 

ORDER 

 
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NOTICE OF SETTLEMENT, STIP. TO VACATE CASE MGMT. CONF., [PROPOSED ORDER] -2- 

TO THE CLERK OF THE COURT, ANY INTERESTED PARTIES, AND THEIR 

ATTORNEYS OF RECORD: 

PLEASE TAKE NOTICE that Plaintiff, Ecological Rights Foundation, and Defendants, 

Schmidbauer Lumber, Inc. and Schmidbauer Building Supply, LLC, (collectively, the “Parties”) 

have reached settlement in the above-captioned case and are in the process of executing a 

[Proposed] Consent Decree. Final settlement is contingent upon the federal agencies’ 45-day 

review period of the [Proposed] Consent Decree described below. 

PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no judgment 

disposing of this action may be entered prior to forty-five (45) days following the receipt of the 

proposed settlement by the United States Department of Justice and the national and Region IX 

offices of the United States Environmental Protection Agency (“federal agencies”). (See 33 

U.S.C. §1365(c); 40 C.F.R. § 135.5.) Plaintiff will provide the [Proposed] Consent Decree to the 

federal agencies for review. Upon notice of non-objection, or the expiration of the 45-day period, 

the parties will file a Stipulation for Approval of Consent Decree and Dismissal of Plaintiff’s 

Claims with Prejudice. Should the federal agencies object to the settlement, or the Parties cannot 

informally resolve any concerns raised by the federal agencies, a Notice that the settlement is null 

and void will be submitted. 

PLEASE TAKE FURTHER NOTICE that the Parties agree to vacate the Case 

Management Conference currently scheduled for May 10, 2017 at 2:00 p.m. The Parties have 

settled this case on mutually agreeable terms, and wish to avoid the unnecessary cost of appearing 

at the CMC. 

NOW THEREFORE, for the reasons set forth above, the Parties hereby stipulate, and 

respectfully request, that the Court enter an order vacating the Case Management Conference 

currently scheduled for May 10, 2017 at 2:00 p.m. as they execute the final Consent Decree and 

prepare it for the federal agencies’ 45-day review. 

/// 

RESPECTFULLY SUBMITTED, 
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ATED: May

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y 3, 2017 

cause appear

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uly 11, 2017

01 Clay Stree

SO ORDER

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IP. TO VACATE

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By: 

JOD

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By: 

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Att

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sed on the st

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dge Haywoo

CA. 

__________

Hon.

U.S. 

North

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DENE ISAA

torney for Pl

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torney for De

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___________

. Judge Hayw

District Cou

hern District

OPOSED ORDER

AL ADVOC

 /s/ Jodene 

ACS 

laintiff 

OCIATES 

/ Jan Greben

N

efendants 

f the parties, 

scheduled fo

m, Jr., at 2:00

__________

wood S. Gill

urt Judge, 

t of Californ

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CATES 

Isaacs 

n

IT IS HERE

or May 10, 2

0 p.m., in Co

_______ 

liam, Jr. 

nia 

-3-

EBY 

2017 is 

ourtroom 2, 

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