Case No. 3:17-cv-00321-EMC

STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; AND [PROPOSED] ORDER - 1

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JAMES R. ARNOLD (SBN 56262)

JOHN A. BEARD (SBN 301405)

THE ARNOLD LAW PRACTICE (East Bay Office)

3685 Mt. Diablo Blvd., Suite 331

Lafayette, CA 94549

Telephone: (925) 284-8887

Facsimile: (925) 284-1387

Email: jarnold@arnoldlp.com

jbeard@arnoldlp.com

Attorneys for Defendant 

RICHARD DAPELO

dba QUALITY STAINLESS TANKS

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

CALIFORNIA SPORTFISHING 

PROTECTION ALLIANCE, etc.,

 Plaintiff, 

v.

RICHARD DAPELO, etc., et al.,

 Defendants.

Case No. 3:17-cv-00321-EMC

STIPULATION TO DISMISS 

PLAINTIFF’S CLAIMS WITH 

PREJUDICE; AND 

[PROPOSED] ORDER

Fed. R. Civ. Pro. 41(a)(2)

Plaintiff California Sportfishing Protection Alliance and Defendant Richard Dapelo 

respectfully submit this stipulation and proposed order as follows:

WHEREAS, on November 21, 2016, Plaintiff provided Defendant with a Notice of 

Violations and Intent to File Suit (“Notice”) under Clean Water Act § 505, 33 U.S.C. § 1365.

WHEREAS, on January 23, 2017, Plaintiff filed its Complaint against Defendant in this 

Court. Said Complaint incorporates by reference all of the allegations contained in Defendant’s

Notice.

WHEREAS, the settling parties, through their authorized representatives and without 

either adjudication of Plaintiff’s claims, or admission by Defendant of any alleged violation or 
Case No. 3:17-cv-00321-EMC

STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; AND [PROPOSED] ORDER - 2

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other wrongdoing, have chosen to resolve in full by way of settlement Plaintiff’s allegations as 

set forth in the Notice and Complaint, thereby avoiding the costs and uncertainties of further 

litigation. 

WHEREAS, Plaintiff submitted the settling parties’ agreement (“Consent Decree”) 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 completed. The federal agencies were provided with the Consent Decree on September 14, 

2017. On November 6, 2017, the federal agencies submitted correspondence to the Court 

indicating that they have no objection to the terms of the Consent Decree. (ECF no. 37.)

WHEREAS, on November 9, 2017, this Court entered the Consent Decree. (ECF no. 39.) 

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to that the settling 

parties request an order from this Court (1) dismissing with prejudice Plaintiff’s claims as to

Defendant, as set forth in the Notice and Complaint, and (2) concurrently retaining jurisdiction 

over the settling parties through September 1, 2019, or as otherwise indicated in Paragraph 4 of 

the Consent Decree, for the purpose of resolving any disputes between the settling parties with 

respect to enforcement of the Consent Decree.

Respectfully submitted,

DATED: November 16, 2017 THE ARNOLD LAW PRACTICE

By: /s/ James R. Arnold

JAMES R. ARNOLD

Counsel for Defendant

RICHARD DAPELO
Case No. 3:17-cv-00321-EMC

STIPULATION TO DISMISS PLAINTIFF’S CLAIMS WITH PREJUDICE; AND [PROPOSED] ORDER - 3

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DATED: November 16, 2017 AQUA TERRA AERIS LAW GROUP LLP

By: /s/ Anthony M. Barnes

ANTHONY M. BARNES

Attorneys for Plaintiff

CALIFORNIA SPORTFISHING 

PROTECTION ALLIANCE

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 signatories prior to filing. 

DATED: November 16, 2017 By: /s/ John A. Beard

[PROPOSED] ORDER

Pursuant to the Parties’ stipulation, IT IS SO ORDERED. Pursuant to Federal Rule of 

Civil Procedure 41(a)(2), California Sportfishing Protection Alliance’s claims as to Richard 

Dapelo, as set forth in the Notice and Complaint, are dismissed with prejudice, and the Court 

shall retain jurisdiction over the parties with respect to disputes arising under the Consent Decree 

until September 1, 2019, or as otherwise indicated in Paragraph 4 of the Consent Decree.

DATED: ______________ ____________________________________

 EDWARD M. CHEN

 United States District Judge

11/20/17

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen