Estate of Viola B. Spaulding et al v. York Cleaners, Inc. et al

Filing 114

ORDER RE GOOD FAITH SETTLEMENT DETERMINATION AS TO MARTIN FRANCISES, INC. and ESTABLISHMENT OF THE MILLER AVENUE REMEDIATION TRUST. Signed by Judge Charles R. Breyer on 5/11/09. (be, COURT STAFF) (Filed on 5/12/2009)

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Bret A. Stone (State Bar No. 190161) John R. Till (State Bar No. 178763) PALADIN LAW GROUP® LLP 3757 State Street, Suite 201 Santa Barbara, California 93105 Telephone: [phone] Facsimile: [phone] Counsel for Spaulding IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ESTATE OF VIOLA B. SPAULDING, et al., Case No. C 08-00672

v. YORK CLEANERS, INC., et al.

Plaintiffs, [PROPOSED] ORDER RE GOOD FAITH SETTLEMENT DETERMINATION AS TO MARTIN FRANCHISES, INC. AND ESTABLISHMENT OF THE MILLER AVENUE REMEDIATION TRUST Defendants. Hearing: April 17, 2009 10:00 a.m. Court Rm. 8 on the 19th Floor Hon. Charles R. Breyer

A N D RELATED COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS Plaintiffs and Counter-Defendants the Estate of Viola B. Spaulding, Florence Spaulding, Lynn Spaulding doing business as Spaulding Enterprizes, Tina Spaulding Ward doing business as Spaulding Enterprizes, and the Conservatorship of Eileen Spaulding's (collectively, "Spaulding") Motion for Good Faith Settlement Determination and Establishment of the Miller Avenue Remediation Trust came on regularly for hearing by this Court on April 17, 2009, in Courtroom 8, before the Honorable Charles R. Breyer. After full consideration of the papers submitted, the oral representations of all interested parties and good cause appearing therefore, the motion is GRANTED as set forth below: 1. The Court finds and determines that the settlement has been entered into in good faith

within the meaning of Sections 877 and 877.6 of the California Code of Civil Procedure and is hereby
-1[PROPOSED] ORDER RE GOOD FAITH SETTLEMENT DETERMINATION AS TO MARTIN FRANCHISES, INC. AND ESTABLISHMENT OF THE MILLER AVENUE REMEDIATION TRUST

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approved as a good faith settlement. 2. Section 4 of the Uniform Comparative Fault Act ("UCATA"), § § 1-9, 12 U.L.A. 63-107

(1996), in pertinent part, is hereby adopted as the federal and state common law in this case for the purpose of determining the legal effect of the settlement on non-settling entities. 3. The Court finds that the second amended complaint, third party complaints, and answers

assert claims for contribution and indemnity as to Martin Franchises, Inc., either directly or through alternative theories seeking damages for the environmental contamination. 4. Consistent with Sections 877 and 877.6 of the California Code of Civil Procedure and

Section 4 of the UCATA, all claims herein for contribution and indemnity as to Martin Franchises, Inc., no matter how denominated, are barred. Accordingly, those portion of Spaulding's second amended complaint and those portions of the third party complaints of York Cleaners, Inc. and David Victor Lewis against Martin Franchises, Inc. are hereby dismissed with prejudice. 5. The Court retains continuing jurisdiction over the settlement and the settling parties to

resolve any action, adjudication, or dispute related to the settlement. 6. The Court further finds that a settlement fund should be, and hereby is, established, and

shall be operated so as to qualify either as a "Designated Settlement Fund" or "Qualified Settlement Fund" pursuant to section 468B of the Internal Revenue Code, 26 U.S.C. § 468B, and the regulations promulgated pursuant thereto and codified at 26 C.F.R. § 1.468B and in accordance with the terms and conditions of the Declaration of Trust for the Miller Avenue Remediation Trust attached hereto as Exhibit 1 and incorporated by reference as though fully set forth herein. IT IS SO ORDERED. DATED: May 11, 2009

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