State of New York v. Solvent Chemical, et al

Filing 1584

ORDER approving the supersedas bond submitted by Olin in the amount of $2,463,00.00. Any proceeding by Solvent to enforce the judgment against Olin entered 8/27/2012 is stayed pending appeal, provided that Olin maintains in force and effect the bond until the appeal has been determined. Responses, if any, to DuPont's motion to alter or amend the judgment shall be filed within 10 days from the entry of this order. Enforcement of the judgment against DuPont is stayed pending determination of DuPont's motion, provided that appropriate terms have been arranged for the opposing party's security within 10 days. Signed by Hon. John T. Curtin on 9/13/2012. (JEC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

THE STATE OF NEW YORK,
Plaintiff,
-vsSOLVENT CHEMICAL COMPANY, INC., and
ICC INDUSTRIES, INC.,

83-CV-1401-JTC

Defendants/Third-Party Plaintiffs,
-vsOLIN CORPORATION and
E.I. du PONT de NEMOURS & COMPANY,
Third-Party Defendants.

On August 27, 2012, the Clerk of the Court entered judgment in this matter in favor
of Solvent and against Du Pont and Olin with respect to (1) final allocation of equitable
shares of Solvent Site “B” Zone groundwater remediation costs incurred between July 1,
2007 and December 31, 2011, and Hot Spot groundwater remediation costs incurred
before January 1, 2012; and (2) declaratory judgment as to liability for and allocation of
remediation costs incurred subsequent to December 31, 2011 (Item 1580).
On September 10, 2012, Olin filed a motion pursuant to Rule 62 of the Federal
Rules of Civil Procedure for an order approving a supersedeas bond in an amount
sufficient to secure the judgment entered against it, and staying enforcement of the
judgment pending appeal to the United States Court of Appeals for the Second Circuit.

Item 1581. Upon review of the papers submitted in support, including acknowledgment of
Solvent’s consent to the relief requested, Olin’s motion is granted.
Also on September 10, 2012, DuPont filed a motion pursuant to Fed. R. Civ. P.
59(e) (Item 1582) to alter or amend the judgment in order to reflect recalculation of
allocation of “Past Future” costs incurred between July 1, 2007 and December 31, 2011,
based on newly available contemporaneous data. Solvent (and Olin) shall have the
opportunity to respond to this motion.

Accordingly, the following is ordered:
1.

The court approves the supersedas bond submitted by Olin in the amount

of $2,463,000.
2.

Pursuant to Fed. R. Civ. P. 62(d), any proceeding by Solvent to enforce the

judgment against Olin entered in this action on August 27, 2012 is stayed pending a
determination of Olin's appeal therefrom, such stay being effective as of the date of the
entry of this order; provided, however, that Olin maintains in force and effect the bond until
such time as the appeal is determined.
3.

Responses, if any, to DuPont’s motion to alter or amend the judgment shall

be filed within ten days from the date of entry of this order. Pursuant to Fed. R. Civ. P.
62(b)(3), enforcement of the judgment against DuPont entered in this action on August 27,
2012 is stayed pending determination of DuPont’s motion; provided, however, that DuPont
advises the court, within the same ten-day period allowed for responses, that appropriate
terms have been arranged for the opposing party’s security.

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So ordered.
\s\ John T. Curtin
JOHN T. CURTIN
United States District Judge
Dated:

9/13

, 2012

p:\pending\1983\83-1401.sept13.2012

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