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Gulf Restoration Network v. City of Hattiesburg

United States District Court, S.D. Mississippi, Eastern Division

August 23, 2017

GULF RESTORATION NETWORK PLAINTIFF
v.
CITY OF HATTIESBURG DEFENDANT
v.
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY INTERVENOR

          Cynthia Sarthou Attorney for Gulf Restoration Network

          Louis B. Lanoux Watkins & Eager PLLC Attorneys for the City of Hattiesburg

          Donna Hodges Attorney for the Mississippi Commission on Environmental Quality

          Lisa Jordan Counsel for Gulf Restoration Network

          STIPULATED ORDER TERMINATING AMENDED CONSENT JUDGMENT

          KEITH STARRETT, UNITED STATES DISTRICT JUDGE.

         THIS MATTER came before the Court on the joint motion of all parties for the entry of a conditional order terminating the Amended Consent Judgment on the terms contained within a negotiated settlement agreement resolving all pending disputes among the parties (“Settlement Agreement”), and the Court finding that the motion is well-taken and that it should be granted, states as follows:

         WHEREAS, the Amended Consent Judgment was entered in this case on October 1, 2014; and

         WHEREAS, on December 19, 2016, the City of Hattiesburg filed a motion to terminate or modify the Amended Consent Judgment; and

         WHEREAS, the parties subsequently engaged in discovery and settlement discussions regarding the City's motion; and

         WHEREAS, upon joint notice to the Court that the parties had reached a settlement in principle, the Court removed from the docket the scheduled hearing on the City's motion; and

         WHEREAS, on August 4, 2017, the City Council of the City of Hattiesburg, by a resolution adopted on a 5-0 vote, approved the terms of the Settlement Agreement; and

         WHEREAS, on August 4, 2017, pursuant to the authority of the Resolution of the City Council approving the settlement, the Settlement Agreement was signed by the Mayor of Hattiesburg, Toby Barker; and

         WHEREAS, on August 7, 2017, the Settlement Agreement became final by the signature affixed thereon of Chris Wells, on behalf of the Mississippi Commission on Environmental Quality, pursuant to the authority delegated to him by the Executive Director of the Mississippi Department of Environmental Quality (“MDEQ”); and

         WHEREAS, and as required by the Settlement Agreement, a copy of the signed Settlement Agreement was transmitted on August 11, 2017, via ...


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