Whittaker Corporation v. United States of America, No. 2:2013cv01741 - Document 95 (C.D. Cal. 2018)
Court Description: SETTLEMENT ORDER AND FINAL JUDGMENT 93 by Judge Fernando M. Olguin. There being no just reason for delay, this Court directs entry of final judgment in accordance with the terms of the Consent Decree and this Order. The Parties shall each bear their own costs, expenses, and attorneys' fees. (MD JS-6, Case Terminated). (iv)
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Whittaker Corporation v. United States of America Doc. 95 1 2 3 JS-6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 WHITTAKER CORPORATION, 12 Plaintiff, 13 14 15 Case No. CV-13-01741-FMO (JCx) SETTLEMENT ORDER AND FINAL JUDGMENT v. UNITED STATES OF AMERICA Defendant. 16 17 Upon consideration of the Joint Motion To Enter proposed Consent Decree, the 18 Memorandum in Support and other pleadings submitted, as well as the terms of the 19 proposed Consent Decree between Plaintiff Whittaker Corporation (“Whittaker”) and 20 Defendant United States of America (“United States”) (together, “the Parties”), the 21 Court hereby finds that the Parties’ proposed Consent Decree is fair and reasonable, 22 both procedurally and substantively, consistent with the Comprehensive 23 Environmental Response, Compensation, and Liability Act (“CERCLA”) and other 24 applicable law, in good faith, and in the public interest. Accordingly, the foregoing 25 Consent Decree is hereby APPROVED. 26 The Court concludes, as specified in Paragraph 4 of the Consent Decree, that 27 the Parties’ settlement adequately and fairly reflects both Whittaker’s and the United 28 States’ alleged CERCLA liability and respective equitable shares for response costs -1- SETTLEMENT ORDER AND FINAL JUDGMENT Case No. CV-13-01741-FMO (JCx) Dockets.Justia.com 1 related to the Bermite Site. As per Paragraph 7 of the Consent Decree, the United 2 States entitled to contribution protection pursuant to section 113(f) of CERCLA, 42 3 U.S.C. § 9613(f), the Uniform Comparative Fault Act, and any other applicable 4 provision of federal or state law, whether by statute or common law, extinguishing the 5 United States’ liability as set forth in the Consent Decree. 6 Upon entry of the Consent Decree, all of Whittaker’s claims against the United 7 States, and all of the United States’ counterclaims against Whittaker in the above- 8 referenced action, whether alleged in the complaints or otherwise, shall be dismissed 9 with prejudice, as provided in the Consent Decree. 10 There being no just reason for delay, this Court directs entry of final judgment 11 in accordance with the terms of the Consent Decree and this Order. The Parties shall 12 each bear their own costs, expenses, and attorneys’ fees. 13 SIGNED, SO ORDERED, and ENTERED this 15th day of October, 2018. 14 15 16 17 18 /s/ Fernando M. Olguin United States District Judge 19 20 21 22 23 24 25 26 27 28 -2- SETTLEMENT ORDER AND FINAL JUDGMENT Case No. CV-13-01741-FMO (JCx)
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