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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SCOTT L. DAVIS (Pro Hac Vice)
[e-mail]
MATTHEW J. SCHROEDER (Pro Hac Vice)
[e-mail]
Gardere Wynne Sewell LLP
1601 Elm Street, Suite 3000
Dallas, TX 75201
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Chartis Specialty Insurance Company

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JOHN C. CRUDEN
Assistant Attorney General
Environment & Natural Resources Division

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C. SCOTT SPEAR
[e-mail]
JOHN THOMAS H. DO
[e-mail]
Environment & Natural Resources Division
Environmental Defense Section
U.S. Department of Justice
P.O. Box 7611
Washington, DC 20004-7611
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant United States of America

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHARTIS SPECIALTY INSURANCE
COMPANY, for itself and as subrogee
of Whittaker Corporation; and
WHITTAKER CORPORATION,

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Plaintiffs,

Case No. CV-13-01527-EMC (MEJ)
[PROPOSED] SETTLEMENT
ORDER AND PARTIAL
JUDGMENT

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v.
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UNITED STATES OF AMERICA,
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Defendant.
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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

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Company (“Chartis Specialty”) and defendant the United States of America, the

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Memorandum in Support and other pleadings submitted, as well as the terms of the

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proposed Consent Decree between Chartis Specialty and the United States (together,

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“the Parties”), the Court hereby finds that the Parties’ proposed Consent Decree is fair

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and reasonable, both procedurally and substantively, consistent with CERCLA and

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other applicable law, in good faith, and in the public interest. Accordingly, the

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foregoing Consent Decree is hereby APPROVED.

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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. §

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9613(f), the Uniform Comparative Fault Act, and any other applicable provision of

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federal or state law, whether by statute or common law, extinguishing the United

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States’ liability as set forth in the Consent Decree.

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Upon entry of the Consent Decree, all of Chartis Specialty’s claims against the

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United States, and all of the United States’ counterclaims against Chartis Specialty in

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the above-captioned action, whether alleged in the complaints, or otherwise, shall be

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dismissed with prejudice, as provided in the Consent Decree.

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There being no just reason for delay, this Court directs entry of partial

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judgment in accordance with the terms of the Consent Decree and this Order. The

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Parties shall each bear their own costs, expenses, and attorneys’ fees.
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December

SIGNED, SO ORDERD, and ENTERED this _____ day of ________, 2015.

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[PROPOSED] SETTLEMENT ORDER AND FINAL JUDGMENT – Page 2