Chevron Environmental Management Company et al v. BKK Corporation et al, No. 1:2011cv01396 - Document 120 (E.D. Cal. 2012)

Court Description: ORDER Adopting Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 11/15/12. Petrominerals Corporation, Mosaic Global Holdings Inc., Ranchers Cotton Oil, BKK Corporation and Crosby & Overton, Inc. are dismissed with prejudice. (Verduzco, M)

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Chevron Environmental Management Company et al v. BKK Corporation et al Doc. 120 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 10 CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY AND CHEVRON USA, 11 CASE NO. 1:11-cv-1396 LJO-BAM Plaintiffs, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ON MOTIONS FOR GOOD FAITH SETTLEMENT 12 vs. 13 (Docs. 115, 116, 117, 118, 119) 14 BKK CORPORATION, et. al, 15 Defendants. 16 / 17 On September 17, 2012, Plaintiffs Chevron Environmental Management Company and Chevron 18 USA (“Plaintiffs”) filed several Motions for Good Settlement Determination (Docs. 106, 107, 108, 109, 19 110) requesting approval of individual settlements and barring future claims against defendants: 20 Petrominerals Corporation (Doc. 106), Mosaic Global Holdings, Inc. (Doc. 107), Ranchers Cotton Oil 21 (Doc. 108), BKK Corporation (Doc. 109), and Crosby & Overton (Doc. 110). 22 On October 26, 2012, the Magistrate Judge issued Findings and Recommendations that the 23 Motions for Good Settlement Determination be GRANTED. (Docs. 115, 116, 117, 118, 119). The 24 Findings and Recommendations were served on all parties and contained notice that any objections were 25 to be filed within fifteen (15) days of the date of service. More than fifteen (15) days have passed, and 26 no objections have been filed. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court 27 has conducted a de novo review of the case and reviewed Plaintiff’s objections. Having carefully 28 reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the 1 Dockets.Justia.com 1 record and proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 The Findings and Recommendations issued October 26, 2012 (Docs. 115, 116, 117, 118, 119), are ADOPTED IN FULL; and 5 2. 6 Plaintiffs’ Motions for Good Faith Settlement Determination (Docs. 106, 107, 108, 109, 110) are GRANTED; 7 3. Any and all claims for equitable comparative contribution, and partial and complete 8 comparative indemnity, based on comparative negligence or comparative fault, against 9 Petrominerals Corporation, Mosaic Global Holdings, Inc., Ranchers Cotton Oil , BKK 10 Corporation, and Crosby & Overton are forever barred pursuant to California Code of 11 Civil Procedure §877.6 (c); 12 4. 13 Petrominerals Corporation, Mosaic Global Holdings, Inc., Ranchers Cotton Oil , BKK Corporation, and Crosby & Overton be DISMISSED with prejudice; 14 5. 15 The Clerk of the Court is DIRECTED to terminate docket numbers 106, 107, 108, 109 and 110. 16 17 IT IS SO ORDERED. 18 19 Dated: 66h44d November 15, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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