United States of America, et al v. Abex Aerospace et al

Filing 45

ORDER RE: DISMISSAL ANDRETENTION OFJURISDICTION by Judge George H. Wu, re Stipulation to Dismiss Case 44 . Case Terminated. Made JS-6. (mrgo)

JS-6
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JEFFREY H. WOOD
Acting Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division

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DEBORAH A. GITIN (CA Bar No. 284947)
KARL J. FINGERHOOD (PA Bar No. 63260)
Senior Counsel
Environmental Enforcement Section
Environment and Natural Resources Division
301 Howard St., Suite 1050
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff United States of America

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(Names and addresses of attorneys continued on next pages)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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UNITED STATES OF AMERICA, and
STATE OF CALIFORNIA, on behalf of
the Department of Toxic Substances
Control and Toxic Substances Control
Account,

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Plaintiffs,

Case No. CV 16-2696-GW(Ex)
ORDER RE: DISMISSAL AND
RETENTION OF
JURISDICTION

v.
ABEX AEROSPACE, et al.,

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Defendants.

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[PROPOSED] ORDER RE: DISMISSAL AND RETENTION OF JURISDICTION

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XAVIER BECERRA
Attorney General of California
SARAH E. MORRISON
Supervising Deputy Attorney General
OLIVIA W. KARLIN (CA Bar No. 150432)
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff State of California
Department of Toxic Substances Control and Toxic Substances Control
Account
HOPE SCHMELTZER
Assistant Regional Counsel
U.S. Environmental Protection Agency
Region 9
75 Hawthorne Street
San Francisco, California 94105
Tel: [phone]
Email: [e-mail]
Of Counsel for Plaintiff United States of America

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[PROPOSED] ORDER RE: DISMISSAL AND RETENTION OF JURISDICTION

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ORDER RE: DISMISSAL AND RETENTION OF JURISDICTION

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WHEREAS, in light of the Court’s entry of the Consent Decree concerning

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Operable Unit 2 (“OU2”) of the Omega Chemical Corporation Superfund Site on

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March 31, 2017 (hereinafter “Consent Decree”), and following the stipulation of

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the parties filed on May 8, 2017:

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1.

The above-captioned case is hereby DISMISSED.

2.

The Court retains jurisdiction over this matter as set forth in the Consent

Decree. Doc. No. 19-1 (Consent Decree), ¶93.

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3.

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several additional settling defendants via amendment of the Consent Decree,

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The parties have informed the Court that they currently anticipate adding

pursuant to the structure laid out in the Consent Decree. See id. ¶¶78-79; see also
id. ¶75.
4.

In the event that such additional settlement or settlements occur and

additional settlors indicate that they wish to be bound by the Consent Decree, the

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Court retains jurisdiction to reopen this case, upon request by Plaintiffs, to include

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those additional settlors in the amended Consent Decree.

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DONE this 10th day of May, 2017.

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_____________________
GEORGE H. WU,
United States District Judge

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[PROPOSED] ORDER RE: DISMISSAL AND RETENTION OF JURISDICTION