Britz Fertilizers, Inc. v. Bayer Corporation et al

Filing 240

ORDER Determining Settlement to be in Good Faith and Barring Claims for Contribution and Indemnity, signed by Judge Oliver W. Wanger on 10/07/2010. (Martin, S)

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LAW OFFICES OF FRAME & MATSUMOTO PO Box 895 Coalinga, CA 93210

Roger M. Schrimp, State Bar No. 039378 George P. Rodarakis, State Bar No. 222214 Eric J. Sousa, State Bar No. 232541 DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA 1601 I Street, 5th Floor Modesto, CA 95354 Telephone [phone] Facsimile [phone] Ted R. Frame, SBN 023736 Russell Matsumoto, SBN 084949 FRAME & MATSUMOTO 201 Washington Street PO Box 895 Coalinga, CA 93210-0895 Phone [phone] Fax [phone] Attorneys for Plaintiff BRITZ FERTILIZERS, INC. Stephen T. Clifford, State Bar No. 39020 T. Mark Smith, State Bar No. 162370 CLIFFORD & BROWN Bank of America Building 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301-5230 [phone] [phone] FAX Attorneys for Defendants BAYER CORPORATION and BAYER CROPSCIENCE LP

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION -o0oBRITZ FERTILIZERS, INC. Plaintiff, vs. BAYER CORPORATION; BAYER CROPSCIENCE, LP; Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:06-CV-00287-OWW-DLB (Consolidated for all purposes with Case No. 1:07-CV-00846) ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH, AND BARRING CLAIMS FOR CONTRIBUTION AND INDEMNITY DATE: September 27, 2010 TIME: 10:00 a.m. CTRM: 3 JUDGE: HON. OLIVER W. WANGER

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DETERMINING SETTLEMENT TO BE IN GOOD FAITH, AND BARRING CLAIMS FOR CONTRIBUTION AND INDEMNITY 1

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LAW OFFICES OF FRAME & MATSUMOTO PO Box 895 Coalinga, CA 93210

The joint motion of Plaintiff, Britz Fertilizers, Inc., and defendants, Bayer Corporation and Bayer CropScience, LP, for determination of good faith settlement and for an order barring claims against settling defendants Bayer Corporation and Bayer CropScience, LP, for contribution or indemnity by the Noticed Non-Parties to this action (as listed below) came on for hearing by the Court on September 27, 2010. Frame & Matsumoto, by Ted R. Frame, appeared for the plaintiff. Clifford & Brown, by T. Mark Smith, appeared for the defendants. All of the documents associated with the motion were filed under seal. The Court, having considered the motion, having considered the arguments of counsel, and having filed its Memorandum Decision, and good cause appearing therefor, makes the following findings and orders. The Court finds that notice of the hearing and copies of all the sealed documents were properly served in a timely manner on the following persons, who are the "Noticed Non-Parties" and who are alleged in the motion to be potential joint tortfeasors or co-obligors with defendants Bayer Corporation and Bayer Crop Science: Theodore W. Hoppe, Esq., Individually and as a partner of the former law firm of Cooper and Hoppe Joseph D. Cooper, Sr., Esq., as a partner of the former law firm of Cooper and Hoppe James W. Rushford, Esq., individually and as a partner of the law firm of Rushford and Bonotto Phillip R. Bonotto, Esq., as a partner of the law firm of Rushford & Bonotto
DETERMINING SETTLEMENT TO BE IN GOOD FAITH, AND BARRING CLAIMS FOR CONTRIBUTION AND INDEMNITY 2

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LAW OFFICES OF FRAME & MATSUMOTO PO Box 895 Coalinga, CA 93210

Rushford & Bonotto Phillip H. Darst

The Court further finds that the settlement between plaintiff and defendants Bayer Corporation and Bayer CropScience, LP, was in good faith and is within the reasonable range of defendants' share of liability for plaintiff's injuries, taking into consideration the facts and circumstances of this case. IT IS THEREFORE ORDERED that the settlement between plaintiff and defendants Bayer Corporation and Bayer CropScience, LP, is determined to have been made in good faith pursuant to the provisions of California Code of Civil Procedure Sections 877 and 877.6, and that any and all claims or further claims against defendants Bayer Corporation and/or Bayer CropScience, LP, by any of the Noticed Non-Parties above named for contribution or indemnity, including claims for total indemnity, partial indemnity, implied contractual indemnity, and artfully pleaded claims seeking any form of contribution or indemnity in effect are conclusively and forever barred. IT IS FURTHER ORDERED that plaintiff shall serve this SEALED order on each of the Noticed Non-Parties.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

October 7, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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DETERMINING SETTLEMENT TO BE IN GOOD FAITH, AND BARRING CLAIMS FOR CONTRIBUTION AND INDEMNITY 3