City of Emeryville, et al v. Elementis Pigments, et al

Filing 178

ORDER RE PENDING MOTION TO ENFORCE SETTLEMENT AGREEMENT. Signed by Judge Alsup on September 19, 2008. (whalc1, COURT STAFF) (Filed on 9/19/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action was filed on August 4, 1999, by the City of Emeryville and the Emeryville Redevelopment Agency alleging that defendant Sherwin-Williams (as well as others) contaminated a parcel of land at 4560-5500 Shellmound Street ("Site A"). After prolonged litigation, the parties entered into a settlement agreement whereby plaintiffs released claims against Sherwin-Williams. The settlement agreement further provided that Sherwin-Williams was "entitled to protection from contribution and/or indemnity claims pursuant to federal and state law . . . ." (Wick. Decl. Exh. B). On May 1, 2006, the ERA filed a state-court action alleging that certain parties contaminated a parcel of land directly to the north of Site A. Sherwin-Williams was one of the named defendants in the state-court action. The other defendants, each denying liability, have filed cross-claims against each other seeking indemnity and/or contribution. Sherwin-Williams now moves to enforce the settlement agreement, including the contribution provision. Two of the defendants in the state-court action (who are v. ELEMENTIS PIGMENTS, INC., et al., Defendants. / CITY OF EMERYVILLE and the EMERYVILLE REDEVELOPMENT AGENCY, Plaintiffs, No. C 99-03719 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ORDER RE PENDING MOTION TO ENFORCE SETTLEMENT AGREEMENT

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

not parties to this case) have sent letters to the Court. One letter indicates a desire to intervene in this action. Accordingly, the Court will give TWENTY CALENDER DAYS for any party to file a motion to intervene and to file a response to the pending motion to enforce the settlement agreement. The hearing on Sherwin-Williams' motion is hereby VACATED and rescheduled for OCTOBER 16, 2008, AT 8AM.

IT IS SO ORDERED.

Dated: September 19, 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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