Schlumberger Technology Corporation, Inc v. East Charleston, Inc et al

Filing 259

ORDER re 256 MOTION for Determination of Good Faith Settlement and for an Order Barring Contribution filed by East Charleston, Inc, Pacific American Management Company. Signed by Judge Lucy H. Koh on June 18, 2013. (lhklc2, COURT STAFF) (Filed on 6/18/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California

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SCHLUMBERGER TECHNOLOGY
CORPORATION, Inc., a Texas Corporation
Plaintiff,

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v.
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EAST CHARLESTON, INC., a California
Corporation, et al.,
Defendants.

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AND RELATED CASES

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Case No.: 11-CV-02587-LHK
ORDER RE: MOTION FOR
DETERMINATION OF GOOD FAITH
SETTLEMENT

On June 14, 2013, East Charleston, Inc. (“ECI”) and Pacific American Management

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Company (“PAMCO”) filed a notice of settlement and motion for determination of good faith

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settlement pursuant to CCP§ 877.6 and for an order barring contribution pursuant to 42 U.S.C. §

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9613(f) and § 113(f) of CERCLA. ECF No. 256. In this motion, ECI and PAMCO represented

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that they have entered into a settlement agreement in principle with Schlumberger Technology

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Corporation, Inc. (“STC”) and National Semiconductor (Maine) Inc. (“NSM”). Id. at 2. ECI and

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PAMCO further represented that the current draft of the settlement agreement had been provided to

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Travelers Casualty and Surety Company fka Aetna Casualty and Surety Company (“Travelers”),

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but that it was “unclear” if Travelers would stipulate to the motion for determination of good faith.

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Id. at 4. ECI and PAMCO represented that the final settlement agreement would be provided to the

Case No.: 11-CV-2587-LHK
ORDER RE: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

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Court as soon as it was fully executed, and that the agreement will be contingent upon a finding of
good faith within the meaning of California Code of Civil Procedure § 877.6. Id. at 4.

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Also on June 14, 2013, STC and NSM filed a statement of non-opposition to ECI and
PAMCO’s motion. ECF No. 257.

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ECI, PAMCO, STC, and NSM shall file the final executed settlement agreement on June
19, 2013, at 10:00 a.m., so that the Court may consider ECI and PAMCO’s motion. Until the
parties file the final settlement agreement, all deadlines in the current case schedule will remain as
set.
Travelers is hereby ordered to file a statement of opposition or non-opposition to ECI and
PAMCO’s motion by June 20, 2013.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.
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Dated: June 18, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-CV-2587-LHK
ORDER RE: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT