USA, et al v. Vertac Chemical Corp, et al

Filing 2631

ORDER re 2630 Memorandum regarding proof of publication. The Court approves it, with some supplements, as set forth in this Order; granting 2617 motion to approve donation of records; and, setting a hearing re: the amended proposed settlement agreement and to resolve pending motions for 3/27/13 at 10:30 a.m. The Receiver's appointment is extended from 4/30/13 to 5/31/13. Signed by Judge D. P. Marshall Jr. on 1/10/13. (kpr) (Docket entry modified on 1/10/2013 to establish linkage and correct the ruling.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION UNITED STATES OF AMERICA, et al. v. PLAINTIFF No. 4:80-cv-109-DPM VERTAC CHEMICAL CORPORATION, et al. DEFENDANTS ORDER The Court again thanks the parties for their cooperation and forward progress. The Court has received proof of publication, Document No. 2630, and approves of it, with some supplements, as discussed below. The Court confirms its rulings from the bench at the end of the 19 December 2012 hearing: • The motion to approve donation of records to UALR, Document No. 2617, is granted, with the related financial donation to help pay for archiving expenses to abide the availability of funds as shown in the final accounting; • Rebecca Brooks's supplements to her objection were due by 31 December 2012, and she filed none. Her objection is overruled for the reasons stated; • The ADEQ, EPA, and Hercules's report resolving the zoning issues is due by 18 January 2013; • The ADEQ, EPA, and Hercules's report proposing an architecture for the final order is due by 31 January 2013; • The revised proposed settlement agreement and accompanying map are due by 31 January 2013; • The City of Jacksonville's status report, providing a definitive word on the transfer agreement, is due by 28 February 2013; • Supplemental notice shall be published for thirty days on the ADEQ website and Jacksonville's municipal website beginning 1 February 2013. Notice shall also be published twice in the Jacksonville newspaper The Leader, during the month of February 2013. The supplemental notice shall be the same as the previously approved notice, substituting the new objection date and hearing date set below; • Objections prompted by the supplemental notice shall be filed with the Court no later than 15 March 2013; and • A hearing to address objections to the amended proposed settlement agreement and to resolve pending motions is set for 27 March 2013 at 10:30 a.m. The Receiver's appointment will expire on 30 April 2013. To accommodate the possible closing of the planned conveyance, the Court extends the Receiver's appointment until31 May 2013. So Ordered. I (/ D.P. Marshall Jr. United States District Judge I{) CJrtln V(/111 v d. 0I] II -2- I

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