Atchison Topeka, et al v. Brown & Bryant Inc, et al

Filing 1510

JUDGMENT *08/26/2009* in favor of Shell Oil Company against Plaintiffs signed by Judge Oliver W. Wanger on 08/26/2009. (Flores, E)

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SHELL OIL COMPANY CISSELON NICHOLS HURD, ESQ. P.O. Box 2463 4888 One Shell Plaza Houston, TX 77252-2463 Tel: [phone] Fax: [phone] LEWIS BRISBOIS BISGAARD & SMITH LLP MICHAEL K. JOHNSON (SBN 130193) One Sansome St., Suite 1400 San Francisco, CA 94104 Tel: [phone] Fax: [phone] Attorneys for Defendant and Cross-Defendant SHELL OIL COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

) ) THE ATCHISON, TOPEKA & SANTA ) FE RAILWAY COMPANY, et al., ) ) Plaintiffs, ) ) v. ) ) BROWN & BRYANT, INC., et al., ) ) Defendants. ) ) _________________________________ ) ) UNITED STATES OF AMERICA ) ) Plaintiff, ) ) v. ) ) THE ATCHISON, TOPEKA & SANTA ) FE RAILWAY COMPANY, et al. ) ) Defendants. ) _________________________________ )

CONSOLIDATED ARVIN CASES: No . No . No . CV-F-92-5068 OWW CV-F-96-6226 OWW CV-F-96-6228 OWW

JUDGMENT FOR SHELL OIL COMPANY [FRCP 54(b)] Judge Hon. Oliver W. Wanger Trial Date: March 30, 1999

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-1JUDGMENT FOR SHELL OIL COMPANY

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DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff, v. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, et al. Defendants. AND RELATED CROSS-CLAIMS AND THIRD PARTY ACTIONS

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This action came on for trial before this Court, the Honorable Oliver W. Wanger presiding, and Judgment was entered on September 10, 2003 against defendants Shell Oil Company ("Shell") and Burlington Northern and Santa Fe Railway Company (as successor in interest to The Atchison, Topeka & Santa Fe Railway Company) and Union Pacific Railroad Company (as successor in interest to Southern Pacific Transportation Company) (the "Railroads"). The Judgment was affirmed in part and reversed in part by the Ninth Circuit Court of Appeals in United States v. Burlington Northern & Santa Fe Railway, 520 F.3d 918 (9th Cir. 2008). On June 23, 2008, Shell and the Railroads filed Petitions for Writs of Certiorari with the United States Supreme Court, which were granted. On May 4, 2009, the United States Supreme Court issued its opinion, reversing the decision of the Ninth Circuit, finding no liability on the part of Shell, affirming this Court's apportionment determination as to the Railroads, and remanding this matter for further proceedings consistent with the opinion. Burlington Northern & Santa Fe Railway Co. et al. v. United States, 556 U.S. ___, 129 S.Ct. 1870 (2009). Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECLARED: 1. Plaintiffs United States of America and California Department of Toxic

Substances Control, and Cross-Complainants Burlington Northern and Santa Fe
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Railway Company (as successor in interest to The Atchison, Topeka & Santa Fe Railway Company) and Union Pacific Railroad Company (as successor in interest to Southern Pacific Transportation Company), shall recover nothing from, or as against Defendant Shell Oil Company. 2. The matter having been fully adjudicated, the Court finds no just reason

for delaying entry of final judgment with regard to Shell, and final judgment pursuant to FRCP rule 54(b) hereby is and shall be entered in favor of Defendant Shell Oil Company and against Plaintiffs.

IT IS SO ORDERED. Dated: August 26, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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