Ashley II of Charleston LLC v. PCS Nitrogen Inc

Filing 628

SECOND AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND SUMMARY JUDGMENT. Signed by Honorable Margaret B Seymour on 5/27/2011. (asni, )

AO 450 (SCD 04/2010) Judgment in a Civil Action

UNITED STATES DISTRICT COURT
for the
District of South Carolina

Ashley II of Charleston, LLC,
Plaintiff

v.

Civil Action No.

2:05-2782-MBS

PCS Nitrogen, Inc.,
Defendant, Third Party Plaintiff

v.

Ross Development Corporation; Koninklijke
DSM N.V.; DSM Chemicals of North America
Inc.; J. Holcombe Enterprises, L.P.; James H,
Holcombe; J. Henry Fair, Jr.; Allwaste Tank
Cleaning, Inc. n/k/a PSC Container Services,
LLC; Robin Hood Container Express, Inc.; City
of Charleston, South Carolina
Third Party Defendants

SECOND AMENDED JUDGMENT IN A CIVIL ACTION
The court has ordered that (check one):
O other: PCS Nitrogen, Inc., is successor-in-interest to former Site owner, Columbia Nitrogen Corporation.
This action was (check one):
O tried by the Honorable Weston C. Houck, United States District Judge presiding,without a jury and the above decision
was reached. The court having made is Finding of Fact and Conclusions of Law.
It is further ordered that (check one):

O the plaintiff, Ashley II of Charleston, LLC., recover from the defendant, PCS Nitrogen Inc., the amount of
One Hundred Forty-Seven Thousand, Six Hundred Seventeen and 02/100 (147,617.02) Dollars plus interest
against PCS Nitrogen Inc which represents the sum of One Hundred Ninety-Four Thousand, Two Hundred
Thirty-Two and 94/100 ($194,232.94) Dollars that Ashley spent in past response costs for which PCS is jointly
and severally liable minus applicable set-offs. The defendant, PCS Nitrogen Inc., shall recover from the ThirdParty defendant, Ross Development Corporation the amount of Eighty-Seven Thousand, Four Hundred Four
and 82/100 ($87,404.82) Dollars plus interest, the defendant PCS Nitrogen Inc., shall recover from Third-Party
defendant, Robin Hood Container Express Inc., the amount of One Thousand, Nine Hundred Forty-Two and
32/100 ($1,942.32) Dollars, plus interest which represents those parties’ respective shares of Ashley II of
Charleston’s past response costs. Post Judgment interest shall run at a rate of .25. %
O declaratory judgment is entered for plaintiff, Ashley II of Charleston, LLC against defendant, PCS Nitrogen
Inc., for 76% of future response costs at the Site, which represents the percentage of future response costs for
which PCS is jointly and severally liable minus applicable set-offs.

O declaratory judgment is entered for Third-Party plaintiff, PCS Nitrogen Inc., against Third-Party defendant,
Ross Development Corporation, and Third-Party defendant, Robin Hood Container Express Inc., in the
respective percentages of 45% and 1% for future response costs at the Site. PCS Nitrogen Inc., is entitled to
reimbursement from Ross Development Corporation for PCS’s costs and expenses in this litigation resulting
from any acts or omissions of Planters that occurred prior to the closing date of the sale of the Planters
business to Columbia Nitrogen Corporation..
O judgment on partial findings is entered for Third-Party defendant, Allwaste Tank Cleaning, Inc. n/k/a PSC
Container Services, LLC; against Third-Party plaintiff, PCS Nitrogen, Inc.; Third-Party defendant Ross
Development Corporation; Third-Party defendant, Robin Hood Container Express, Inc.; and Third-Party
defendants James H. Holcombe, J. Holcombe Enterprises, L.P., and J. Henry Fair, Jr., and this case is
dismissed with prejudice as to Third-Party defendant, Allwaste Tank Cleaning, Inc. n/k/a PSC Container
Services, LLC.
O judgment is entered as a matter of law as to Third-Party defendants, James H. Holcombe, Jr., Holcombe
Enterprises LP and Henry Fair, Jr., against Third-Party plaintiff, PCS Nitrogen Inc., and Third-Party
defendants, Ross Development Corporation and Robin Hood Container Express Inc., and these claims are
dismissed with prejudice.
O summary judgment is entered for Third-Party defendants, Koninklijke DSM NV and DSM Chemicals of
North America Inc against Third-Party plaintiff, PCS Nitrogen, Inc.; Third-Party defendant Ross Development
Corporation; Third-Party defendant, Robin Hood Container Express, Inc.; and Third-Party defendants James
H. Holcombe, J. Holcombe Enterprises, L.P., and J. Henry Fair, Jr., and this case is dismissed with prejudice
as to defendants Koninklijke DSM NV and DSM Chemicals of North America Inc.
O tried by the Honorable Margaret B. Seymour, United States District Judge presiding, without a jury and the
above decision was reached. The court having made is Finding of fact and Conclusions of Law and further
granting defendants’ Koninklijke DSM NV and DSM Chemicals of North America Inc., motion for summary
judgment.

Date: May 27, 2011

CLERK OF COURT
s/Angie Snipes
Signature of Clerk or Deputy Clerk