Luke Delgadillo Garcia v. California Expanded Metal Products
| DELGADILLO GARCIA and Luke Delgadillo Garcia |
| CALIFORNIA EXPANDED METAL PRODUCTS COMPANY, a California Corporation, California Expanded Metal Products and California Expanded Metal Products Company |
| United States |
| 2:2016cv06620 |
| September 2, 2016 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Karen L Stevenson |
| Environmental Matters |
| 33 U.S.C. § 1365 |
| None |
Docket Report
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Filing 14
ORDER DISMISSING CASE by Judge Dolly M. Gee: Upon Stipulation #12 , IT IS HEREBY ORDERED that Plaintiff Luke Delgadillo Garcia's claims against Defendant California Expanded Metal Products Company, as set forth in the Notice and Complaint filed in the action, are hereby dismissed with prejudice consistent with the terms of the Consent Decree that is attached to the parties' stipulation as Exhibit 2 (Doc. #12 -2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties through 1/10/2019, for the sole purpose of resolving any disputes between the parties with respect to any provision of the Settlement Agreement, or through the conclusion of any proceeding to enforce the Settlement Agreement initiated prior to 1/10/2019, or until the completion of any payment or affirmative duty required by the Settlement Agreement. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 13 CONSENT DECREE by Judge Dolly M. Gee: Upon Stipulation #12 , Plaintiff Luke Delgadillo Garcia alleges Defendant California Expanded Metal Products Company ("CEMCO") to be in violation of the substantive and procedural requirements of the 1997 Storm Water Permit, the 2014 Storm Water Permit, and the Clean Water Act with respect to the CEMCO Facility. Plaintiff and CEMCO have agreed that it is in the Settling Parties' mutual interest to enter into a Consent Decree setting forth terms and conditions appropriate to resolving the allegations set forth in the Complaint without further proceedings. CEMCO shall make a onetime payment $10,000.00 to compensate Plaintiff for costs and fees to be incurred for monitoring CEMCO's compliance with this Consent Decree. To remediate the alleged environmental harms resulting from noncompliance with the 1997 Storm Water Permit and 2014 Storm Water Permit alleged in the Complaint, CEMCO agrees to make a payment of $5,000.00 to University of California San Diego Extension Services to fund tuition grants for owners and employees of women and minority businesses seeking training on the IGP. CEMCO shall pay a total of $40,000.00 to "Brodsky & Smith, LLC" for their investigation fees and costs, expert/consultant fees and costs, and reasonable attorneys' fees incurred as a result of investigating and preparing the lawsuit and negotiating this Consent Decree. See document for further details. (gk) |
| Filing 12 STIPULATION to Dismiss Case pursuant to [Proposed] Consent Decree filed by PLAINTIFF Luke Delgadillo Garcia. (Attachments: #1 Proposed Order [PROPOSED] ORDER, #2 Exhibit [PROPOSED] CONSENT DECREE)(Smith, Evan) |
| Filing 11 Statement of Interest of the United States and Comments on Proposed Consent Decree (Attachments: #1 Exhibit)(Ennis, Christine) |
| Filing 10 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 9 NOTICE of Settlement NOTICE OF TENTATIVE SETTLEMENT AND 45-DAY FEDERAL AGENCY REVIEW PERIOD filed by PLAINTIFF Luke Delgadillo Garcia. (Smith, Evan) |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (iv)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant California Expanded Metal Products Company. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Karen L. Stevenson. (et) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff LUKE DELGADILLO GARCIA. (Smith, Evan) |
| Filing 3 NOTICE AND CERTIFICATE of Interested Parties filed by PLAINTIFF LUKE DELGADILLO GARCIA, (Smith, Evan) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by PLAINTIFF LUKE DELGADILLO GARCIA. (Smith, Evan) |
| Filing 1 COMPLAINT Receipt No: 0973-18485706 - Fee: $400, filed by PLAINTIFF LUKE DELGADILLO GARCIA. (Attachments: #1 Exhibit Ex. 1 - Notice of Violations) (Attorney Evan Jason Smith added to party LUKE DELGADILLO GARCIA(pty:pla))(Smith, Evan) |
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