-E United Alloys Inc v. Baker, et al

Filing 327

JUDGMENT 326 by Judge Consuelo B. Marshall is entered in favor of Plaintiff and Counter-defendant United Alloys, Inc. ("United Alloys") and against Defendant and Counterclaimant Flask Chemical Corporation ("Flask") pursuant to S ection 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") for the release of hazardous waste at United Alloys' property located at 900 East Slauson Avenue in Los Angeles, California (&qu ot;the Property"), and because United Alloys is also responsible for the release of hazardous waste at the Property, the parties are jointly and severally liable for such contamination. With respect to all future recoverable response costs, Unit ed Alloys shall be responsible for one-third of such response costs and Flask shall be responsible for two-thirds of such response costs; United Alloys has incurred NCP-compliant response costs in the amount of $431,418.64; Flask is entitled to a credit of $340,000 for settlements paid to United Alloys by third party defendants, which reduces United Alloys' recoverable response costs to $91,418.64; As to the $91,418.64, United Alloys shall pay one-third of these response costs, or $30,442.41, and Flask shall pay two-thirds of these response costs, or $60,976.23; Flask shall also pay to United Alloys $17,024.19, which represents two-thirds of the prejudgment interest on United Alloys' recoverable response costs. (See attached Order for details.) (MD JS-6, Case Terminated). (lom)

1

JS-6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14

UNITED ALLOYS, INC.,
Plaintiff,
v.
HAROLD A. BAKER, et al.,

15
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)
)

No. CV 93-4722 CBM (Ex)

JUDGMENT

In accordance with Federal Rule of Civil Procedure 58 and Whitaker v.

19

Garcetti, 486 F.3d 572, 579 (9th Cir. 2007) (requiring that a judgment must be set

20

forth on a separate document), and consistent with the Court’s Second Amended

21

Findings of Fact and Conclusions of Law dated July 14, 2011, IT IS ORDERED

22

AND ADJUDGED as follows:

23

1.

Judgment is entered in favor of Plaintiff and Counter-defendant

24

United Alloys, Inc. (“United Alloys”) and against Defendant and Counter-

25

claimant Flask Chemical Corporation (“Flask”) pursuant to Section 107 of

26

the Comprehensive Environmental Response, Compensation, and Liability

27

Act of 1980 (“CERCLA”) for the release of hazardous waste at United

28

Alloys’ property located at 900 East Slauson Avenue in Los Angeles,
1

1

California (“the Property”), and because United Alloys is also responsible

2

for the release of hazardous waste at the Property, the parties are jointly and

3

severally liable for such contamination;

4

2.

5

pursuant to the Carpenter-Presley-Tanner Hazardous Substance Account

6

Act (“HSAA”) for the release of hazardous waste at the Property but

7

CERCLA preempts United Alloys’ right to recover response costs from

8

Flask under the HSAA;

9

3.

Judgment is entered in favor of United Alloys and against Flask

Judgment is entered in favor of Flask and against United Alloys on

10

Flask’s contribution claim pursuant to Section 113 of CERCLA;

11

4.

12

Flask such that the parties are jointly and severally liable under Section 113

13

of CERCLA;

14

5.

15

Alloys for contribution as to all future response costs consistent with the

16

National Contingency Plan incurred by United Alloys in responding to the

17

release of hazardous waste at the Property pursuant to Section 113 of

18

CERCLA;

19

6.

20

shall be responsible for one-third of such response costs and Flask shall be

21

responsible for two-thirds of such response costs;

22

7.

23

amount of $431,418.64;

24

8.

25

Alloys by third party defendants, which reduces United Alloys’ recoverable

26

response costs to $91,418.64;

27

9.

28

response costs, or $30,442.41, and Flask shall pay two-thirds of these

Declaratory judgment is entered in favor of United Alloys and against

Declaratory judgment is entered in favor of Flask and against United

With respect to all future recoverable response costs, United Alloys

United Alloys has incurred NCP-compliant response costs in the

Flask is entitled to a credit of $340,000 for settlements paid to United

As to the $91,418.64, United Alloys shall pay one-third of these

2

1

response costs, or $60,976.23;

2

10.

3

two-thirds of the prejudgment interest on United Alloys’ recoverable

4

response costs; and

5

11.

6

response costs that cannot be resolved by the parties.

Flask shall also pay to United Alloys $17,024.19, which represents

The Court retains jurisdiction to address the recoverability of future

7
8

IT IS SO ORDERED.

9
10
11
12

DATED: July 14, 2011

By
CONSUELO B. MARSHALL
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3