Chartis Specialty Insurance Company et al v. United States of America

Filing 153

Settlement Order and Partial Judgment filed by Chartis Specialty Insurance Company. Signed by Judge Edward M. Chen on 12/21/15. (bpf, COURT STAFF) (Filed on 12/21/2015) Modified on 12/21/2015 (bpf, COURT STAFF).

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5 SCOTT L. DAVIS (Pro Hac Vice) MATTHEW J. SCHROEDER (Pro Hac Vice) Gardere Wynne Sewell LLP 1601 Elm Street, Suite 3000 Dallas, TX 75201 Telephone: (214) 999-3000 Facsimile: (214) 999-4667 6 Attorneys for Plaintiff Chartis Specialty Insurance Company 7 JOHN C. CRUDEN Assistant Attorney General Environment & Natural Resources Division 1 2 3 4 8 9 10 11 12 13 14 15 C. SCOTT SPEAR JOHN THOMAS H. DO Environment & Natural Resources Division Environmental Defense Section U.S. Department of Justice P.O. Box 7611 Washington, DC 20004-7611 Telephone: (202) 616-6519 Facsimile: (202) 514-8865 Attorneys for Defendant United States of America 16 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 CHARTIS SPECIALTY INSURANCE COMPANY, for itself and as subrogee of Whittaker Corporation; and WHITTAKER CORPORATION, 21 Plaintiffs, Case No. CV-13-01527-EMC (MEJ) [PROPOSED] SETTLEMENT ORDER AND PARTIAL JUDGMENT 22 v. 23 UNITED STATES OF AMERICA, 24 Defendant. 25 26 27 28 Upon consideration of the Joint Motion to Enter Proposed Consent Decree of plaintiff Chartis Specialty Insurance Company n/k/a AIG Specialty Insurance [PROPOSED] SETTLEMENT ORDER AND FINAL JUDGMENT – Page 1 1 Company (“Chartis Specialty”) and defendant the United States of America, the 2 Memorandum in Support and other pleadings submitted, as well as the terms of the 3 proposed Consent Decree between Chartis Specialty and the United States (together, 4 “the Parties”), the Court hereby finds that the Parties’ proposed Consent Decree is fair 5 and reasonable, both procedurally and substantively, consistent with CERCLA and 6 other applicable law, in good faith, and in the public interest. Accordingly, the 7 foregoing Consent Decree is hereby APPROVED. 8 9 As per Paragraph 5(a) of the Consent Decree, the United States is entitled to contribution protection consistent with section 113(f) of CERCLA, 42 U.S.C. § 10 9613(f), the Uniform Comparative Fault Act, and any other applicable provision of 11 federal or state law, whether by statute or common law, extinguishing the United 12 States’ liability as set forth in the Consent Decree. 13 Upon entry of the Consent Decree, all of Chartis Specialty’s claims against the 14 United States, and all of the United States’ counterclaims against Chartis Specialty in 15 the above-captioned action, whether alleged in the complaints, or otherwise, shall be 16 dismissed with prejudice, as provided in the Consent Decree. 17 There being no just reason for delay, this Court directs entry of partial 18 judgment in accordance with the terms of the Consent Decree and this Order. The 19 Parties shall each bear their own costs, expenses, and attorneys’ fees. 21st 20 December SIGNED, SO ORDERD, and ENTERED this _____ day of ________, 2015. 21 S RT ER n M. Che A H 28 dward Judge E NO 27 Gardere01 - 7278329v.2 R NIA 25 DERED O OR IT IS S FO 24 LI UNIT ED 23 26 RT U O S DISTRICT TE C United TA States District Judge Edward M. Chen 22 N DI T OF C S T RIC [PROPOSED] SETTLEMENT ORDER AND FINAL JUDGMENT – Page 2

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