KFD Enterprises Inc v. City of Eureka

Filing 658

Order by Hon. Samuel Conti granting 638 Motion for Settlement Approval.(sclc1, COURT STAFF) (Filed on 1/14/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KFD ENTERPRISES, INC.,
Plaintiff,

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For the Northern District of California

United States District Court

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v.
CITY OF EUREKA, et al.
Defendants.

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AND RELATED COUNTER AND CROSS
CLAIMS

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Case No. 08-04571-SC
ORDER GRANTING WINZLER &
KELLY'S MOTION FOR
SETTLEMENT APPROVAL

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Plaintiff KFD Enterprises, Inc. ("KFD") brings this action

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against a number of parties, seeking contribution for contamination

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of a property located at 2907 E Street, Eureka, California (the

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"Property").

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recently reached a settlement with counter-claimant, cross-

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claimant, cross-defendant Winzler & Kelly Consulting Engineers

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("Winzler & Kelley").

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pay KFD $375,000 in exchange for a release of all claims by KFD and

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Daer arising out of the monitoring wells installed by Winzler &

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Kelley at the Property.

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KFD and its president, Kenneth F. Daer ("Daer"),

Under the settlement, Winzler & Kelly shall

Winzler & Kelly now move for an order approving the KFDWinzler & Kelley settlement.

ECF No. 638.

Defendant,

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counterclaimant, and cross-claimant City of Eureka ("Eureka")

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opposes the motion, but only to the extent that the Uniform

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Comparative Fault Act ("UFCA") does not govern the settlement.

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No. 643.

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governed by the UFCA.

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opposition is moot.

The Court has already found that the claims at issue are
ECF No. 641.

Accordingly, Eureka's

For good cause shown, Winzler & Kelley's motion is GRANTED.

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ECF

It is hereby ordered as follows:

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United States District Court

For the Northern District of California

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Kelly is approved;

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That the settlement agreement between KFD, Daer and Winzler &

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That the provisions of the UCFA apply with respect to the

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effect of the KFD-Winzler & Kelly settlement as to both the

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federal and state law claims;

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That all claims asserted in the above-titled action by KFD

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against Winzler & Kelly, including all claims relating to the

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monitoring wells installed by Winzler & Kelly at the Property,

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are hereby DISMISSED with prejudice;

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That all claims against Winzler & Kelly relating to the facts

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of this action, and specifically regarding the monitoring

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wells installed by Winzler & Kelly, including contribution and

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indemnity claims that have been, or could have been, asserted

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by any person or entity, in this action or otherwise, whether

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such claims are or could be brought pursuant to federal or

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state law, are hereby BARRED;

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That Winzler & Kelly's cross-claims against KFD are hereby
DISMISSED with prejudice; and

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That all pending claims against Winzler & Kelly in this action
are hereby DISMISSED with prejudice.

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IT IS SO ORDERED.

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January 14, 2014

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UNITED STATES DISTRICT JUDGE

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United States District Court

For the Northern District of California

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