USA v. El Dorado County, et al

Filing 383

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 6/25/10 APPROVING parties' request to direct payment in the amount of $1.25 million, plus interest, from the court registry account to El Dorado County. The Clerk is directed to make an electronic fund transfer within 5 days of this order. (cc: Financial). (Owen, K)

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DONGELL LAWRENCE FINNEY LLP RICHARD A. DONGELL, SBN: 128083 ([e-mail]) THOMAS F. VANDENBURG, SBN: 163446 ([e-mail]) 707 Wilshire Boulevard, 45th Floor Los Angeles, CA 90017-3609 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Third-Party Plaintiff EL DORADO COUNTY, CALIFORNIA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. EL DORADO COUNTY, CALIFORNIA; and CITY OF SOUTH LAKE TAHOE, CALIFORNIA, Defendants. AND ALL RELATED CROSS ACTIONS Whereas, on December 9, 2009, the Court granted the United States' Motion to Approve Consent Decree with Certain Third Party Defendants; and, Whereas, on December 7, 2009, the Court issued an Order directing the deposit of settlement monies with the Clerk of the Court and directing the Clerk of the Court to deposit all settlement monies with the court registry investment account ("Court Registry Account "); and, Whereas, to date the Clerk of the Court has made and/or received such deposits such totaling $1.25 million as follows:
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DEFENDANT AND THIRD PARTY PLAINTIFF EL DORADO COUNTY, CALIFORNIA AND PLAINTIFF UNITED STATES OF AMERICA'S STIPULATION CONCERNING THE COURT REGISTRY ACCOUNT

Case No.: S-01-1520 MCE GGH Hon. Morrison C. England, Jr. DEFENDANT AND THIRD PARTY PLAINTIFF EL DORADO COUNTY, CALIFORNIA AND PLAINTIFF UNITED STATES OF AMERICA'S STIPULATION CONCERNING THE COURT REGISTRY ACCOUNT

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RECEIPT number #CAE200022311 $100,000.00 Court Registry Account fbo Sierra Pacific Power Co. by Sierra Pacific Power Company on 12/15/2009. (Entered: 12/15/2009) RECEIPT number #CAE200022479 $250,000.00 fbo Heavenly Valley by Heavenly Valley on 12/22/2009. (Entered: 01/08/2010) RECEIPT number #CAE200022804 $150,000.00 fbo Safeway Inc. by Safeway Inc. on 1/6/2010. (Entered: 01/08/2010) RECEIPT number #CAE200022828 $50,000.00 fbo Lake Tahoe Unified School Dis. by Century Indemnity Company on 1/7/2010. (Entered: 01/08/2010) RECEIPT number #CAE200022829 $50,000.00 fbo Lake Tahoe Unified School Dis. by County of El Dorado on 1/7/2010. (Entered: 01/08/2010) RECEIPT number #CAE200022831 $100,000.00 fbo Raleys by Arrowood Indemnity Company on 1/7/2010. (Entered: 01/08/2010) RECEIPT number #CAE200022834 $350,000.00 fbo Harveys Tahoe Management Co. and Harrah's Operating Company, Inc. by Harrahs Lake Tahoe on 1/7/2010. (Entered: 01/08/2010) RECEIPT number #CAE200022873 $50,000.00 fbo The Hertz Corporation by The Hertz Corporation on 1/8/2010. (Entered: 01/12/2010) DEPOSIT of $150,000 by Douglas County, Nevada on February 4, 2010
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DEFENDANT AND THIRD PARTY PLAINTIFF EL DORADO COUNTY, CALIFORNIA AND PLAINTIFF UNITED STATES OF AMERICA'S STIPULATION CONCERNING THE COURT REGISTRY ACCOUNT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Whereas, the Consent Decree provides that all funds in the Court Registry Account are to be maintained in that account with the express purpose that such funds be disbursed only for past or future costs of "response" as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), as amended, 42 U.S.C. §§ 9601 et seq.; and, Whereas, Funds in the Court Registry Account may be disbursed upon the joint request of the United States and El Dorado County and with the approval of this Court; and, Whereas, upon a joint request made on an ex parte basis, the Consent Decree provides that the Clerk of the Court shall pay some or all of the funds in the Court Registry Account as directed by the Court; and, Whereas, on June 2, 2010, the U.S. Department of Agriculture, Forest Service, pursuant to its delegated authorities under Section 106 of CERCLA, 42 U.S.C. §9606, issued a Unilateral Administrative Order ("UAO") to El Dorado County; and Whereas, the UAO requires El Dorado County to implement the remedial remedy set forth in the Record of Decision for Operational Unit 1 ("OU-1 ROD") at the Meyers Landfill Site; Whereas the UAO allows El Dorado County and its agents access to the Meyers Landfill Site to implement the OU-1 ROD; and, Whereas, the United States has issued such UAO in advance of the lodging of a Proposed Consent Decree resolving its claims against El Dorado County brought herein; and, Whereas, the United States anticipates lodging such Proposed Consent Decree within the next 30 calendar days; and, Whereas, both the United States and El Dorado County agree that implementation of the OU-1 ROD at the Meyers Landfill Site to be conducted by
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DEFENDANT AND THIRD PARTY PLAINTIFF EL DORADO COUNTY, CALIFORNIA AND PLAINTIFF UNITED STATES OF AMERICA'S STIPULATION CONCERNING THE COURT REGISTRY ACCOUNT

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El Dorado County, as discussed above, will involve the incurrence of "response costs" as that term is defined in CERCLA; Therefore, the United States and El Dorado County hereby request that this Court approve payment of $1.25 million, plus any interest accrued thereon, from the Court Registry Account to El Dorado County for the implementation of the OU-1ROD at the Meyers Landfill Site; and hereby request that this Court direct the Clerk of the Court to make an electronic fund transfer of $1.25 million, plus any interest accrued thereon, from the Court Registry Account to El Dorado County as follows within five (5) days of this Order: Account name: El Dorado County Treasurer-Tax Collector Bank name and address: Bank of America NT & SA Sacramento Government Services, CBO #1504 555 Capitol Mall, Suite 1555 Sacramento, CA 95814 Federal Non-ACH Bank routing number (ABA): 026009593 Bank account number: 1489350167

IT IS SO ORDERED. DATED: June 25, 2010
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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DEFENDANT AND THIRD PARTY PLAINTIFF EL DORADO COUNTY, CALIFORNIA AND PLAINTIFF UNITED STATES OF AMERICA'S STIPULATION CONCERNING THE COURT REGISTRY ACCOUNT

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DEFENDANT AND THIRD PARTY PLAINTIFF EL DORADO COUNTY, CALIFORNIA AND PLAINTIFF UNITED STATES OF AMERICA'S STIPULATION CONCERNING THE COURT REGISTRY ACCOUNT

IT IS SO STIPULATED. June 23, 2010 Date /s/ Thomas F. Vandenburg THOMAS F. VANDENBURG Dongell Lawrence Finney LLP 707 Wilshire Blvd., 45th Floor Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Attorneys for El Dorado County, California

D June 23, 2010 ate

/s/ Karl J. Fingerhood KARL J. FINGERHOOD U.S. Department of Justice Environmental Enforcement Section Environment & Natural Resources Division P.O. Box 7611 Washington, D.C. 20044-7611 Telephone: [phone] Facsimile: [phone] Attorneys for the United States of America