Palmtree Acquisition Corporation v. Neely et al

Filing 162

STIPULATION AND ORDER re 161 OF GOOD FAITH SETTLEMENT. Case is still active. Signed by Judge Edward M. Chen on 1/15/13. (bpf, COURT STAFF) (Filed on 1/15/2013)

NOEL EDLIN (SBN 107796)
[e-mail]
2 F ARHEENA A. HABIB (SBN 243405)
[e-mail]
3 BASSI, EDLIN, HUIE & BLUM LLP

500 Washington Street, Suite 700
4 San Francisco, CA 94111
Telephone: [phone]

5 Facsimile: [phone]

6 Attomeys for MICHAEL R. NEELY, PERRY J. NEELY & GARY NEELY,
INDIVIDUALLY & dba MIKE'S ONE HOUR CLEANERS
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

12 )

11 PALMTREE ACQUISITION ) Case No.: CV 083168 EMC
CORPORATION, a Delaware Corporation, ) (Han. Edward M. Chen)
)

13 Plaintiffs, ) JOINT STIPULATION OF GOOD FAITH
) SETTLEMENT AND
14 vs. ) ORDER THEREON (PROPOSED)
)

15 MICHAEL R. NEELY, an individual; PERRY)
J. NEELY, an individual; GARY NEELY, an ) ACTION FILED: July 1,2008
16 individual; MICHAEL R. NEELY, PERRY J. ) TRIAL DATE: None Set
NEELY and GARY NEELY dba MIKE'S )

17 ONE HOUR CLEANERS; CHARLES )

FREDERICK HARTZ dba PAUL'S )

18 SPARKLE CLEANERS, CHARLES F. )

HARTZ, an individual; MULTIMATIC )

19 CORPORATION, a New Jersey corporation; )
WESTERN STATE DESIGN, a Califomia )

20 Corporation; MCCORDUCK PROPERTIES )
LIVERMORE, LLC, a Delaware limited )
21 liability company individually and as the )

successor to JOHN MCCORDUCK, )

22 KATHLEEN MCCORDUCK, PAMELA )

MCCORDUCK, SANDRA MCCORDUCK )

23 MARONA, and IMA FINANCIAL )
CORPORATION, a Califomia corporation; )

24 STARK INVESTMENT COMPANY, a )
Califomia general partnership; GRUBB & )
25 ELLIS REALTY INCOME TRUST, )
LIQUIDATING TRUST, a Califomia trust; )

26 and DOES 1-20, inclusive, )

27 Defendants. )

28 )

)

)

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

INTRODUCTION
2 This Stipulation for Order Detennining Good Faith of Settlement (the "Stipulation") is

3 entered into by the following parties (collectively, the "Paities"):
4 (i.) Michael R. Neely, an individual; Pen-y J. Neely, an individual; and Gary Neely,
5 an individual; and Michael R. Neely, Pen-y J. Neely and Gary Neely, dba Mike's One Hour

record Bassi Edlin Huie &

6 Cleaners (collectively, "Neelys") by and through their counsel of

7 Blum LLP;
8 (ii.) The Kin-berg Corporation f/k/a MultimatIc Corporation ("Multimatic") by and

record Dongell Lawrence Finney, LLP;

9 through its counsel of

10 (iii.) Westem States Design, a Califomia corporation ("Western") by and through its
11 counsel of

record Foley McIntosh Frey & Claytor;

12 (iv.) Charles Hartz, an individual and Charles Haitz, dba Paul's Sparkle Cleaners
13 ("Hartz") by and through his counsel of

record Rogers Joseph O'Donnell;

14 (v.) Stark Investment Company, a Califomia limited paitnership, and Fortney Stark

15 an individual (collectively, "Stark") by and through their counsel of record Gonsalves &
16 Kozachenko;
17 (vi.) McCorduck Propeities Livermore, LLC, a Delaware limited liability company

18 ("McCorduck Properties") by and through its counsel of record Gordon Watrous Ryan Langley

19 Bruno & Paltenghi Inc. and Castellon and Funderburk, LLP;
20 (vii.) John McCorduck, an individual; Kathleen McCorduck, an individual; Pamela

21 McCorduck, an individual; and Sandra McCorduck Marona an individual (collectively,
22 "McCorducks") by and through their counsel of

record Gordon Watrous Ryan Langley Bruno &

23 Paltenghi Inc. and Castellon and Funderburk, LLP;
24 (viii.) IMA Financial Corporation, a Califomia corporation ("IMA") by and through its
25 counsel of record Stanzler Law Group LLC;

26 (ix.) Palmtree Acquisition Corporation, a Delaware corporation, f/kla Catellus

record Cox Castle &

27 Development Corporation ("Palmtree") by and through its counsel of

28 Nicholson LLP;

2

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

The Anderson Maiital Trust

1 (x.) Dorothy Anderson, as an individual and as Trustee of

2 and The Anderson Tax Defen-al Trust, both dated February 28,1979, as amended and restated
3 August 31, 1994 and the Estate of Walter Anderson, Deceased (collectively, "Anderson") by and
4 through her counsel of record Paladin Law Group LLP.

6 THE 1993 ACTION
RECITALS
7
5

8 A In 1993, the San Francisco Regional Water Quality Control Board ("RWQCB")

9 issued Site Cleanup Order No. 93-139 ("SCO 93-139") directing ceitain parties (including some
10 ofthe Paities to this Agreement) to design and implement a remedial action to abate

11 perchloroethene and its breakdown products ("PCE") contamination in the soil and groundwater
12 at and in the vicinity of

the Livermore Arcade Shopping Center ("LASC") and Miler's Outpost

13 Shopping Center ("MOSC") in Livermore, California (the "LASC/MOSC Site") to levels

14 acceptable to the RWQCB. The LASC is identified as parcels with assessor parcel numbers
15 ("APN") 98-403-19 with street address of 1436-1554 1 st Street (property tax address of 1410 1 st

16 Street), Livermore, Califomia and 98-403-20 with street address of 141 1424 1 st Street
17 (propeity tax address of 1334 1 st Street), Livennore, Califomia which has also be referenced at
18 various times as the Livermore Arcade Shopping Center and now known as Vintner Square

19 Shopping Center. The MOSC is identified as parcels with AP.N. numbers 98-290-2-1, 98-29020 15, 98-290-2-17 and with a street addresses of 1316-1318 Raiìroad Avenue and 1332 through

21 1588 Railroad Avenue in Livennore, Califomia.

22 B. The paities named in SCO 93-139 sought to allocate certain liabilities associated
23 with the PCE contamination in an action entitled Grubb & Ells Realty Income Trust v. Catellus
24 Development Corp., et aI., Case No. C93-0383 SBA (N.D. CaL., 1993) (the "1993 Action"). The

25 parties to the 1993 Action reached a settlement agreement dated February 7, 1994 (the "1994
26 Settlement"). The District Court approved the settlement and dismissed the 1993 Action on
27 February 17,1994.

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589042

3

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

C. Remediation Contractor H+GCL perfom1ed remediation activities at the
2

LASC/MOSC Site. In 1995, at the request ofH+GCL, Order No. SCO 93-139 was converted to

3

a "containment zone" order, Order No. 96-052, which required eventual site closure. H+GCL

4

failed to obtain site closure.

5

D. In March 2008, the RWQCB directed parties named in Order No. 96-052 to perform

6

additional work related to the PCE contamination in the deeper groundwater at the LASC/MOSC

7

Site.
THE 2008 ACTION

8

9

E. Several of

the paiiies to the 1994 Settlement consisting of

Palm

tree, Neelys,

10

Multimatic, Western, Hartz, McCorduck Properties, McCorducks, IMA and Stark fonned a

11

group known as the 2008 Group to respond to the 2008 RWQCB directives related to the to the

12

PCE contamination in the deeper groundwater at the LASC/MOSC Site.

13

In July 2008, Palm

tree filed an action entitled Palmtree Acquisition Corporation

14

v. Neely, et aI., Case No. 08-CV-3l68-EMC (N.D. CaL., 2008) (with all related third party

15

claims, counterclaims and cross-claims, the "2008 Action"), in which the Parties have actual and

16

potential claims against one another relating to the allocation of the Paities' potential liabilities

17

associated with the PCE contamination of the deeper groundwater.

18

19

THE NORTHROP GRUMMAN SETTLEMENT

G. On July 3,2010, the Neelys, Multimatic, Westem, Stark, Hartz, McCorduck

20

Propeiiies, McCorducks, IMA and Palmtree entered into a settlement agreement with Noiihrop

21

Grumman Systems Corporation ("Noithrop"), as the successor in interest to H+GCL. The

22

settlement was determined to be in good faith by the United States District Couii, Noiihem

23

District, on October 4, 2010. Under the agreement, Northrop agreed to pay 35% of all Past and

24

Future Response Costs, as defined thereunder.

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26

THE CAL WATER ACTION AND SETTLEMENT
H. In May 2008, Califomia Water Service Company ("Cal Water") fied an action

27

entitled Califomia Water Service Company v. The Dow Chemical Company, et aI., Case No.

28

CIV 473093 (San Mateo Super. 2008) ("Cal Water Action"). Multimatic was named as one of

4
JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

the defendants in that action, which sought recovery of costs to protect Cal Water drinking water
2 supply wells contaminated with PCE, including Cal Water well 14, which the RWQCB claims is

3 in the LASC/MOSC plume.

4
1. The Paities to this Agreement have separately reached a settlement with Cal

5

Water whereby in exchange for payment, Cal Water wil release all claims against the Parties
6

arising from or related to: (i) claims asseited or that could have been asserted in the Cal Water
7

Action; and (ii) claims related to alleged contamination of the Livermore Wells with PCE
8

sourced directly or indirectly from the LASC/MOSC shopping Centers.
9

THE MEDIATION SESSIONS AND AGREEMENT
10

J.

The Parties have participated in a series of mediation sessions from 2009 throug

11

2012 ("Mediation Sessions") to resolve their claims and liabilities and implement a remedial
12

action plan at the LASC and MOSC. The Paities have reached a settlement and are in th
13

process of drafting a global settlement agreement (the "Agreement"). The Agreement represent
14
15
16

i inter;retations of pertinentof the Parties' differing and defenses, recognizing the risks, expense,
a compromise resolution facts' and legal claims initial settlement positions and contradictor"

and uncertainties oflitigation. I

17

K.

Pursuant to the tenns of the Agreement, the Parties wil enter into a Guarantee

18

Fixed Price Remediation Agreement ("Cleanup Contract") with The Source Group, Inc. (the
19
"Cleanup Contractor") for the remediation of environmental contamination at and emanatin

20
fi'om the LASC and MOSC.
21

L. The estimated total cost for the implementation of the remedial action plan i
22
23

24

$8,109,110, which consist of the following: (1) $5,681,110 for the Cleanup Contractor; (2)
$500,000 for Califomia Water Service Company; (3) $325,000 for the Regional Water Qualit
Control Board for regulatory oversight for 15 years; (4) $375,000 for project management for 15

25

years; and (5) $1,228,000 for contingency costs. The Parties wil pay 65% of the total cost
26
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($5,270,921.50) and Northrop wil pay 35% ($2,838,188.50).

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589042

5

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

M. A true and conect DRAFT copy of the Agreement is attached hereto as Exhibi
the Parties admit liability. The Agreemen

2 A. By vÌ1tue of entering into the Agreement, none of

3 provides, in part, as follows:
4 (i.) At section 1., the Agreement provides that the Paities agree to pay the

5 amounts allocated to them, as set foith in Exhibit B ("Settlement Fund"). Payment shall be made
6 to the Trustee, identified in paragraph 3 ofthe Agreement, below, for the funding of a Qualified

7 Settlement Fund Trust and Environmental Remediation Trust, within 60 days following the later
8 of: (a) the Court's order detennining that this Agreement is in good faith, or (b) the Court's order

9 determining that the Parties' settlement agreement in the Cal Water Action is in good fàith. A
10 payment schedule applicable to some of the paities is incorporated within sections 1. a., 1. b., 1.

11 c. and 1. d. of the Agreement.
12 (ii.) At section 2. a., the Agreement provides that the settlement is expressly

13 contingent upon the Court's determination, pursuant to California Code of Civil Procedure
14 section 877 .6, that the Agreement is entered into in good faith and therefore bars any and all

15 existing or potential claims against each of the Parties for total equitable indemnity, equitable
16 comparative contiibution, paitial and/or comparative indemnity, and/or implied contractual

17 indemnity.
18 (iii.) At section 2. b., the Agreement provides that the settlement is expressly

19 contingent upon the Court's determination, pursuant to California Code of Civil Procedure
20 section 877.6, that the Paities' settlement agreement in the Cal Water Action is entered into in

21 good faith and therefore bars any and all existing or potential claims against each of the Parties

22 for total equitable indemnity, equitable comparative contiibution, paitial and/or comparative
23 indemnity, and/or implied contractual indemnity.
24 (iv.) At section 3. the Agreement provides that De Maximis, Inc. will serve as

25 the Trustee for the Settlement Fund. The Settlement Fund shall be deposited into two separate
26 trust accounts, the Qualified Settlement Fund pursuant to Treasury Regulation Section 1.468B
27 (28 C.F.R. 1.468B-l) and a Environmental Remediation Trust pursuant to Intemal Revenue

28

6

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

Code Section 301.770 l-4( e) which shall be used to meet the payment obligations for
2

implementation of the remedial action plan at the LASC/MOSC site.

3

(v.) At section 5. a., in consideration of the Paities' payments as provided i

4

section 1., the Paities agree to mutually release each other fi'om any and all claims arising from

5

or related to aiising from or related to PCE contamination at and emanating from the LASC an

6

MOSC.

7
(vi). At section 12., the Paities expressly waive any rights or benefits that the

8

the Califomia Civil Code.

may have or might obtain pursuant to section 1542 of

9

NEEL V'S SETTLEMENT CONTRIBUTION
10
N. The Neelys' insurers are Lumbennens Mutual Casualty Company, In
11

Rehabilitation ("Lumbermens") and Firemens Fund Insurance Company ("FFIC").
12

the Parties $8,109,110 share to the

O. Lumbennens and FFIC wil pay 16% of

13

Settlement Fund, or a total of $1 ,297,457.60 ("Settlement Payment") on behalf of the N eelys.
14
P. The Neelys will be signatoiies to the Agreement.

15

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Q. The Settlement Payment by Lumbermens and FFIC wil be held in the Bassi Edli
Huie & Blum LLP Client Trust Account until the Agreement is fully executed by the Paiiies and

17

the Paiiies tender their Settlement Payments under the Agreement.
18
R. This Stipulation is a stipulation for the Good Faith Order regarding Lumbennens

19

the Neelys.

and FFIC's Settlement Payment on behalf of

20

S. By entering into this Stipulation, the Paities agree that the Settlement Payment by
21
Lumbennens and FFIC on behalf of

the Neelys constitutes a good faith settlement ofthe claims

22

against the Neelys in the 2008 Action.
23

AGREEMENT
24
1. The foregoing Recitals are true and con-ect and are incorporated herein by

25

reference.
26
2. The Parties stipulate to the following points of law:

27
1. The Settlement Payment by Lumbermens and FFIC on behalf ofthe

28

Neelys satisfies the requirements for a good faith detennination under Califomia Code of Civil

7

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

1 Procedure section 877.6 and Tech Bilt Inc. v. Woodward Clyde & Associates, 38 CaL. 3d. 488
2 (1985) for the following reasons:

3 a. the Settlement Payment due under the Agreement is reasonably
the PCE contamination in the

4 proportionate to the Neelys share ofliability for remediation of

5 deeper groundwater at the LASC/MOSC Site;

6 b. the amount ofthe Settlement Payment due by the Neelys under the
7 Agreement is substantial; and

8 c. the Settlement Payment due by the Neelys under the Agreement is

9 likely less than the amounts the Neelys would be found liable for after triaL.
10 3. good faith settlement operates to discharge a settling party fi'om liability to any

11 other alleged toiifeasors for paiiial or comparative indemnity or contribution in the 2008 Action,
12 regardless of whether the other alleged tOlifeasors are presently paiiies to the action or have ever

13 been parties to the action. CaL. Code ofCiv. Proc. § 877.6 (LexisNexis 2012),

14 Refuge Co. v. Super. Ct., 108 Cal.App.3d. 707 (1981).
15 4. The Neelys are entitled to, as of the effective date of the Agreement, contribution

16 protection pursuant to section l13(f) ofCERCLA, 42 U.S.c. § 9613 (f) and any other applicable
17 provision of federal or state law.
18

19 IT IS SO STIPULATED

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589042

8

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877 .6) AND (PROPOSED) ORDER THEREON

j\ I i

\d J.
lJ

II i Y I lP

( i \.

i.
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L

iu)( 1

i Pil (l )',;Nll.1

IZ

I' I

Date:

1

2012

BASSI, EDLIN, HUm & BLUM LLP

2
3

By:

4

NOEL EDLIN
MICHAEL R. NEELY, PERRY 1.
Attorneys for

5

NEELY & GARY

6

NEELY,

INDIVIDUALLY & dba MIKE'S ONE HOUR
CLEANERS

7
8

Date:

9

,2012

DONGELL LAWRENCE FINEY LLP

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11
1 1

By:

12

TOM VANDENBURG

Attorneys for THE KIRRERG

13

CORPORATION me/a MULTIMATIC
CORPORA TION

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Date:

"','1"
LUlL

.rT A

X TlTí"T" T A

Be?

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19

't"tTr"r-L"TTT'
LLAr lVKLAW \JKvur

-- ..

II

JAM~. CLAYTOR

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Attorne for WESTERN STATES DESIGN

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I

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I Date:

,20l2

ROGERS JOSEPH O'DONNELL

j'"
_J

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By:

ROBERT C. GOODMAN
Attorneys for CHARLES F. HARTZ dba PAUL'S
SP ARKLE CLEANERS

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9

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AN (PROPOSED) ORDER THEREON

1

,2012

Date:

BASSI, EDLIN, RUlE & BLUM LLP

..
")

3

By:

4
NOEL

EDLIN

Attomeys for MICHAEL R. NEELY, PERRY J.

5

NEELY &

6

GARY

NEELY,

INDNIDUALL Y & dba MIKE'S ONE HOUR
CLEANERS

7
8

9

.2012

Date:

DONGELL LAWRNCE FINEY LLP

10
11

By:

12

TOM VANDENBURG

13

Attomeys for THE KIRRERG
CORPORATION fIida lv1LTIMATIC

14

CORPORATION

15

16

,2012

Date:

CLAYTOR LAW GROUP

17

18

By:

19

JAMESD. CLAYTOR

20

Attorneys for WESTERN

STATES DESIGN

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Date:

l'. '30

,2012

ROGERS JOSEPH O'DONNELL

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By:

25

ROBERT C. GOODMAN
Attorneys for CHARLES F. HARTZ dba PAUL'

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SP ARECLEANERS

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589042

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877 .6) AND (PROPOSED) ORDER THREON

Date: Nov.27,2012

GONSALVES & KOZACHENKO

2

~I ¥tJ"k-

"l

.)

By:
4

PAUL KOZACHENKO
Attorneys for STARK INVESTMENT
COMPANY

5

6
7

Datc: ,2012
8

GORDON WATROUS RYAN LANGLEY BRUNO
& PALTENGHI, INC.

9
10

By:

1 1

BRUCE C. PALTENGHI
Attorneys for MCORDUCK PROPERTIES
LIVERMORE LLC, JOHN MCCORDUCK,
KATHLEEN MCCORDUCK, PAMELA
MCCORDUCK & SANDRA MCCORDUCK
MARONA

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Date:

2012

STANZLER LA W GROUP LLC

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18

By:

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JORDAN ST ANZLER

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Attorneys for IMA FINANCIAL
CORPORATION

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Datc:

,2012

COX CASTLE & NICHOLSON LLP

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25

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By:

STUART 1. BLOCK

PETER MORRISETTE
Attorneys for PALMTREE ACQUISITION
CORPORA TION f/k/a CA TELLUS
DEVELOPMENT CORPORA nON

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10

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

2012

GONSALVES & KOZACHENKO

2
3

By:

4

PAUL KOZACHENKO
Attomeys for STARK INVESTMENT
COMPANY

5

6

7

Date:

2012

8

GORDON WATROUS RYAN LANGLEY BRUNO
& PALTENGHI, INC.

9
10

By:

1i

BRUCE C.
Attomeys for MCORDUCK PROPERTIES
LIVERMORE LLC, JOHl~ MCCORDUCKj
KATHLEEN MCCORDUCK, PAMELA
MCCORDUCK & SANDRA MCCORDUCK
MARONA

12
13

4
15
16

,2012

8T ANZLER LAW GROUP LLC

7
8

By:

19

JORDAN STANZLER
Attomeys ror IMA FINANCIAL
CORPORATION

20
21

22

Date:

,2012

COX CASTLE & NICHOLSON LLP

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24
25
26
7

B'"
y.

STUART 1. BLOCK
PETER MORRISETTE
Attomeys for P ALMTREE ACQUISITION
CORPORATION flka CATELLUS

DEVELOPMENT CORPORATION

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JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6.1 AND (PROPOSED) ORDER THEREON

1

Date:

,2012

GONSALVES & KOZACHENKO

2
3

By:

4

PAUL KOZACHENKO
Attorneys for STARK INVESTMENT
COMPANY

5

6
7

Date:

,2012

8

GORDON WATROUS RYAN LANGLEY BRUNO
& PALTENGHI, INC.

9
10

By:

11

BRUCE C. PALTENGHI
Attorneys for MCORDUCK PROPERTIES
LIVERMORE LLC, JOHN MCCORDUCK,
KATHLEEN MCCORDUCK, PAMELA
MCCORDUCK & SANDRA MCCORDUCK
MARONA

12
13

14
15

16

,2012

STANZLER LAW GROUP LLC

17
18

By:

19

JORDAN STANZLER
Attorneys for IMA FINANCIAL
CORPORATION

20
21

22

Date:

2012

COX CASTLE & NICHOLSON LLP

23

24

By:

25

STUART L BLOCK
PETER MORRSETTE
Attorneys for P ALMTREE ACQUISITION
CORPORATION fìa CATELLUS
DEVELOPMENT CORPORATION

26

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589042

JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

1 Date: December 6, 2012

PALADIN LAW GROUP LLP

2
3

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5

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8

By: /s/ John R. Till (Authorized on 12/6/2012)
JOHN R. TILL
Attomeys for DOROTHY ANDERSON, AS
AN INDIVIDUAL AND AS TRUSTEE OF
THE ANDERSON MARITAL TRUST AND
THE ANDERSON TAX DEFERRAL
TRUST, BOTH DATED FEBRUARY 28,
1979, AS AMENDED AND RESTATED
AUGUST 31,1994 AND THE ESTATE OF
WALTER ANDERSON, DECEASED

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JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

1 ORDER
2 UPON CONSIDERATION OF THE FOREGOING, the Court hereby finds the
3 Agreement is fair and reasonable, both procedurally and substantively, consistent with applicable

4 law, in good faith, and in the public interest. THE FOREGOING Agreement is hereby

5 APPROVED.
6 IT IS HEREBY ORDERED that:
7 The Neelys are entitled to, as of

the effective date of

the Agreement, contribution

8 protection pursuant to section l13(f) of CERCLA, 42 U .S.C. § 9613 (f) and any other applicable
9 provision of

federal or state law, including but not limited to the provisions and protections

10 afforded by the Califomia Code of Civil Procedure sections 877 and 877.6, whether by statute or
11 common law for claims of any type conceming, arising from or related to PCE contamination at

14 Dated:

1/15/13 2012

By:

UNIT
ED

13

S DISTRICT
TE
C
TA

RT
U
O

S

12 and emanating from the LASC and MOSC..

DERED

O OR
IT IS S

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A

H

ER

LI

RT

17

FO

NO

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R NIA

HON. EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
n
M. Che
Edward
Judge

15

N

D IS T IC T
R

OF

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589042

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JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

C

ORDER
2 UPON CONSIDERATION OF THE FOREGOING, the COUli hereby finds the
3 Agreement is fair and reasonable, both procedurally and substantively, consistent with applicable

4 law, in good faith, and in the public interest. THE FOREGOING Agreement is hereby

5 APPROVED.

6 IS HEREBY ORDERED that:
the effective date of

7 The Neelys are entitled to, as of

the Agreement, contribution

8 protection pursuant to section l13(f) ofCERCLA, 42 U.S.c. § 9613 (f) and any other applicable

9 provision of federal or state law, including but not limited to the provisions and protections
10 afforded by the California Code of Civil Procedure sections 877 and 877.6, whether by statute or
11 common law for claims of any type concerning, arising fi'oin or related to PCE contamination at
12 and emanating from the LASC and MOSC..

13

14 Dated:

,2012

By:

HON. EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON

Re: Palmtree Acquisition Corp. v. Michael R. Neely
United States District Court, Northern District Case No. CV 08 3168 EMC
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PROOF OF SERVICE - ELECTRONIC TRANSMISSION

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I am a citizen of the United States and an employee in the County of San Francisco. I am
over the age of eighteen (18) years and not a paity to the within action. My business address is
BASSI, EDLIN, HUIE & BLUM LLP, 500 Washington Street, Suite 700, San Francisco,
California 94111.

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On the date executed below, I electronically served the document(s) via USDC NDCA
ECF website, described below, on the recipients designated on the Transaction Receipt located
on the USDC NDCA ECF website.

JOINT STIPULATION OF GOOD FAITH SETTLEMENT AND (PROPOSED) ORDER
THEREON

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On the following parties:

PLEASE SEE SERVICE LIST PROVIDED BY USDC NDCA WEBSITE

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1 declare under penalty of perjury that the foregoing is true and correct and that this
document is executed on December 21, 2012, at San Francisco, California.

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lsI HEATHER ENDERS

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HEATHER ENDERS

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JOINT STIPULATION OF GOOD FAITH SETTLEMENT (CCP § 877.6) AND (PROPOSED) ORDER THEREON