Pacific Employers Insurance Company v. Clean Harbors Environmental Services, Inc.

Filing 371

MOTION by ThirdParty Plaintiff Clean Harbors Environmental Services, Inc. for judgment (Kennedy, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
PACIFIC EMPLOYERS INSURANCE
COMPANY, et al,
Plaintiffs,
v.
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC., et al,
Defendants
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC., et al,
Counterclaim and Third-Party
Plaintiffs,
v.
PACIFIC EMPLOYERS INSURANCE
COMPANY, a Pennsylvania corporation,
Counterclaim Defendant,
And
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH,
PENNSYLVANIA, a Delaware corporation,
Third Party Defendant.

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No. 08 CV 2180
Judge John J. Darrah

CLEAN HARBORS’ MOTION TO ENTER JUDGMENT
IN THE AMOUNT OF $9.4 MILLION PLUS COSTS
Defendants/Third-Party Plaintiffs, Clean Harbors Environmental Services, Inc. and Clean
Harbors, Inc. (collectively, “Clean Harbors”), by its undersigned attorneys and for its Motion to
Enter Judgment in the Amount of $9.4 Million, state as follows:
1.

On February 24, 2011, following a bench trial in this case, this Court entered a

judgment in favor of Clean Harbors on Count I of Clean Harbors’ Third-Party Complaint, and
ordered National Union to indemnify Clean Harbors from and against the claims asserted by
Lopez against Clean Harbors in the Lopez lawsuit. (Document Nos. 344 and 345.) The Court at
that time, however, did not enter a judgment amount.

2.

Pursuant to the Court’s Order entered on February 24, 2011, Clean Harbors

submitted its proposed judgment amount, which included an indemnity amount of $9,400,000 as
well as a claim for pre-judgment interest. While reserving its rights, National Union disputed the
claim for pre-judgment interest, but did not dispute the principal judgment amount of
$9,400,000. See Report of Proceedings; 2/24/11, p. 3, lines 16-21.
3.

On April 19, 2011, this Court denied without prejudice Clean Harbors’

submission for pre-judgment interest. (Document No. 361.) Clean Harbors will pursue no
further relief on the issue of pre-judgment interest in these proceedings.
4.

On September 21, 2011, this Court denied National Union’s Rule 59(e) motion to

alter or amend the Court’s February 24, 2011 Order. (Document No 370.) The Court also set a
briefing schedule relative to the Court’s rule to show cause as to why National Union’s conduct
does not violate Rule 11(b), and set a status date for January 19, 2012. (Document No 368.)
5.

Clean Harbors seeks to enforce this Court’s judgment without delay and without

prejudice to the pending sanctions issues, and accordingly pursuant to the Federal Rules of Civil
Procedure, including Rule 58, requests this Court enter judgment in favor of Clean Harbors and
against National Union in the undisputed amount of $9,400,000, instanter plus costs. This Court
has the authority to enter the judgment now because the remaining matters under Rule 11 are
collateral to the substantive matters relating to the judgment. See Cooter & Gell v. Hartmarx
Corp., 496 U.S. 384, 395, 110 S. Ct. 2447, 2455 (1990)(Imposition of a Rule 11 sanction is not a
judgment on the merits of an action; rather it is a collateral issue which a federal court may
consider after the principal suit has terminated and the action is no longer pending.)
6.

Pursuant to Local Rule 54.1 and Rule 54, Clean Harbors will hereafter timely

submit its Bill of Costs.

2

WHEREFORE, Clean Harbors Environmental Services, Inc. and Clean Harbors, Inc.
respectfully request this Court enter judgment in their favor and against National Union Fire
Insurance Company of Pittsburgh, Pennsylvania in the amount of $9,400,000, plus costs,
instanter and for any further relief as this Court deems just.

Dated: October 10, 2011

Respectfully Submitted,
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC. and CLEAN HARBORS, INC.
s/ John F. Kennedy
One of Its Attorneys

John F. Kennedy (ARDC # 6196185)
[e-mail]
Cary E. Donham (ARDC # 6199385)
[e-mail]
Susan Poll-Klaessy (ARDC # 6298625)
[e-mail]
SHEFSKY & FROELICH LTD.
111 East Wacker Drive, Suite 2800
Chicago, Illinois 60601

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