Sunset Commercial LLC v. Stauffer Management Company et al

Filing 125

ORDER granting 124 Stipulation re Application of the Uniform Comparative Fault Act to the Settlement Between Plaintiff and Defendants The United States of America and Atlantic Richfield Company. Signed by Judge Gloria M. Navarro on 11/26/2024. (Copies have been distributed pursuant to the NEF - MAM)

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Ryan J. Works, Esq. (NSBN 9224)
John A. Fortin, Esq. (NSBN 15221)
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: [phone]
[e-mail]
[e-mail]
John D. Edgcomb, Esq. (admitted pro hac vice)
EDGCOMB LAW GROUP, LLP
591 Redwood Highway, Suite 2320
Mill Valley, CA 94941
Telephone: [phone]
[e-mail]
Gabriel Padilla, Esq. (admitted pro hac vice)
EDGCOMB LAW GROUP, LLP
2102 Business Center Dr., Suite 130, #651
Irvine, CA 92612
Telephone: [phone]
[e-mail]
Attorneys for Bayer CropScience Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SUNSET COMMERCIAL LLC, a Nevada
Limited Liability Company,
Plaintiff,
vs.
BAYER CROPSCIENCE, INC., a New York
Corporation; MONTROSE CHEMICAL
CORPORATION OF CALIFORNIA, a
Delaware Corporation; ATLANTIC
RICHFIELD COMPANY, a Delaware
Corporation; OLIN CORPORATION, a Virginia
Corporation, TITANIUM METALS
CORPORATION, a Delaware Corporation; LE
PETOMANE XXVII, INC., an Illinois
Corporation, in its representative capacity as the
NEVADA ENVIRONMENTAL RESPONSE
TRUST TRUSTEE; and the UNITED STATES
OF AMERICA.
Defendants.

Case No. 2:23-cv-02081-GMN-BNW
STIPULATION AND ORDER RE:
APPLICATION OF THE UNIFORM
COMPARATIVE FAULT ACT TO THE
SETTLEMENT BETWEEN PLAINTIFF
AND DEFENDANTS THE UNITED
STATES OF AMERICA AND ATLANTIC
RICHFIELD COMPANY

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All parties to this action hereby stipulate to the following:

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WHEREAS plaintiff Sunset Commercial LLC (“Plaintiff”) has filed a Motion to Enter

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Consent Decree (ECF #114) requesting that the Court: 1) find a settlement reached in the form of

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a Consent Decree (attached hereto as Exhibit A) between Plaintiff and defendants the United

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States of America (“U.S.”) and Atlantic Richfield Corporation (“Arco”) (collectively, the U.S.

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and Arco are the “Settling Defendants,” and together with Plaintiff, the “Settling Parties”) to be

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in good faith, and 2) enter the Consent Decree as an Order of the Court; and

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WHEREAS, subparagraphs 6(b) and (c) of the Consent Decree bar any known or unknown

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contribution claims against the Settling Defendants for Covered Matters (as defined in the Consent

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Decree) to the fullest extent permitted by law, which would include claims by the remaining

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named defendants, Bayer CropScience, Inc., Montrose Chemical Corporation of California, Olin

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Corporation, Titanium Metals Corporation, and Le Petomane XXVII, Inc., in its representative

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capacity as the Nevada Environmental Response Trust Trustee (collectively, “the Non-Settling

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Parties”); and

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WHEREAS, under subparagraph 6(c) of the Consent Decree, Plaintiff shall assume and

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bear the risk if it is ultimately determined that the amount paid by a Settling Defendant pursuant

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to the Consent Decree is less than that Settling Defendant’s equitable share of Response Costs (as

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defined in the Consent Decree), damages, or both, alleged by Plaintiff, and, in the event of any

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such determination, the full amount of any under-payment shall be borne solely by Plaintiff; and

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WHEREAS, section 6 of the Uniform Comparative Fault Act (“UCFA”) provides: “A

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release, covenant not to sue, or similar agreement entered into by a claimant and a person liable

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discharges that person from all liability for contribution, but it does not discharge any other

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persons liable upon the same claim unless it so provides. However, the claim of the releasing

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person against other persons is reduced by the amount of the released person’s equitable share of

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the obligation, determined in accordance with the provisions of Section 2.”

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WHEREAS, the Non-Settling Parties are willing to stipulate to the good faith of the

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settlement embodied in the Consent Decree and not to oppose entry of the Consent Decree, subject

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to the Settling Parties clarifying that the UCFA’s proportionate share method shall apply to any
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claims for the Covered Matters (as defined in the Consent Decree) among Plaintiff and any person

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or entity other than the Settling Defendants, including the Non-Settling Parties; and

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THEREFORE, all parties STIPULATE that:

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1.

For the purposes of Covered Matters (as defined in the Consent Decree) and this action

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only, the proportionate-share rule of section 6 of the UCFA (and not the rules

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contemplated in 42 U.S.C. § 9613(f)(2) (CERCLA § 113(f)(2)) or Nev. Rev. Stat. §

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17.245.1(b) or any other statute or common law) applies to discharge the released

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parties from all liability for contribution, regardless whether such claims are founded

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in CERCLA or state law) and reduce the potential liability of any person or entity that

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has not entered into a settlement, release, or similar agreement with Plaintiff by the

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amount of the released parties’ equitable shares of the obligation, as opposed to by the

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amount of the settlement payments by the released parties;

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2. Execution and entry of the Consent Decree by the Court is not opposed by any party;

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3. The Effective Date of the Consent Decree is the date that both the Consent Decree and

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this Stipulation and Order are entered as Orders of the Court; and

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4. The stipulations set forth herein are for the purpose of the Covered Matters (as defined

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in the Consent Decree) and this action only and are not admissions or stipulations for

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any other purpose, nor may they be used against any party in any other proceeding.

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DATED this 26th day of November 2024

DATED this 26th day of November 2024.

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UNITED STATES OF AMERICA

DAVIS GRAHAM & STUBBS LLP

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/s/ Brandon N. Adkins
Brandon N. Adkins
Rachel D. Martinez
P.O Box 7611
Washington, DC 20044
[e-mail]
[e-mail]

/s/ Adam S. Cohen
Jonathan W. Rauchway
Adam S. Cohen
Cormac Bloomfield
Aditi Kulkarni-Knight
1550 Seventeenth St., Suite 500
Denver, CO 90202
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant United States of
America

Attorneys for Defendant
Atlantic Richfield Company

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DATED this 26th day of November 2024.

DATED this 26th day of November 2024.

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FOLEY & LARDNER LLP

McGUIRE WOODS LLP

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/s/ Eric L. Maassen
Eric L. Maassen (admitted pro hac vice)
Tanya C. O’Neill (admitted pro hac vice)
777 E. Wisconsin Avenue
Milwaukee, WI 53202
[e-mail]
[e-mail]

/s/ Robert F. Redmond
Robert F. Redmond (admitted pro hac vice)
Carson R. Bartlett (admitted pro hac vice)
800 East Canal Street
Richmond, VA 23219
[e-mail]
[e-mail]

PISANELLI BICE PLLC
James J. Pisanelli (NSBN 4027)
M. Magali Mercera (NSBN 11742)
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
[e-mail]
[e-mail]

HOLLAND & HART LLP
Joseph G. Went (NSBN 9220)
Sydney R. Gambee (NSBN 14201)
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
[e-mail]
[e-mail]

Attorneys for Defendant, Le Petomane XXVII,
Inc., an Illinois Corporation, in its
representative capacity as the trustee of the
Nevada Environmental Response Trust

Attorneys for Defendant Olin Corporation

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DATED this 26th day of November 2024.

DATED this 26th day of November 2024.

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LATHAM & WATKINS LLP

McDONALD CARANO LLP

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/s/ Kelly E. Richardson
Kelly E. Richardson (NSBN 7880)
Jake Ryan (admitted pro hac vice)
12670 High Bluff Drive
San Diego, CA 92130
[e-mail]
[e-mail]

/s/ John A. Fortin
Ryan J. Works (NSBN 9224)
John A. Fortin (NSBN 15221)
2300 W. Sahara Ave., Suite 1200
Las Vegas, Nevada 89102
[e-mail]
[e-mail]

CAMPBELL & WILLIAMS
J. Colby Williams (NSBN 5549)
710 South 7th Street
Las Vegas, Nevada 89101
[e-mail]

EDGCOMB LAW GROUP, LLP
John D. Edgcomb (admitted pro hac vice)
591 Redwood Highway, Suite 2320
Mill Valley, CA 94941
[e-mail]

Attorneys for Defendant Montrose Chemical
Corporation of California

Gabriel Padilla, Esq. (admitted pro hac vice)
2102 Business Center Dr., Suite 130, #651
Irvine, CA 92612
[e-mail]

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Attorneys for Defendant
Bayer CropScience, Inc.

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DATED this 26th day of November 2024.

DATED this 26th day of November 2024.

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PARSONS BEHLE & LATIMER

LEWIS ROCA ROTHGERBER CHRISTIE
LLP

/s/ Richard J. Angell
Richard J. Angell
Ashley C. Nikkel
50 West Liberty Street, Suite 750
Reno, NV 89501
[e-mail]
[e-mail]

/s/ J. Christopher Jorgensen
J. Christopher Jorgensen (NSBN 5382)
Dibora L. Berhanu (NSBN 16046)
3993 Howard Hughes Pkwy., Suite 600
Las Vegas, Nevada 89169
[e-mail]
[e-mail]

Attorneys for Plaintiff
Sunset Commercial LLC

Attorneys for Defendant
Titanium Metals Corporation

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IT IS SO ORDERED:

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GLORIA M. NAVARRO
UNITED STATES JUDGE
DATED: November 26, 2024

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