Opinion
No. 1:99CV00869.
January 9, 2004
RECOMMENDATION NO. 21 OF UNITED STATES MAGISTRATE JUDGE
Plaintiffs have filed a motion to dismiss and bar all further claims, cross-claims and third-party claims against settling defendant General Motors Corporation ("GMC"). (Docket No. 398) No party has filed an opposition. The basis for this motion is the same as was dealt with in Recommendation No. 3. This Recommendation was adopted by the Court and judgment was entered on January 9, 2001. (Docket Nos. 219 220) For the same reasons as were set out in Recommendation No. 3, it is recommended that plaintiffs' motion to dismiss as to this defendant should be granted.
IT IS THEREFORE RECOMMENDED that plaintiffs' motion to dismiss defendant General Motors Corporation as a defendant from this lawsuit with prejudice, and further, that all cross-claims or third-party claims arising out of plaintiffs' claims for recovery of their RI/FS costs, RD/RA costs, or any other response costs against General Motors Corporation (docket no. 398) be granted, and that the Court, in fact, dismiss any cross-claim or third-party claim by any party against defendant General Motors Corporation with prejudice as a result of its settlement of plaintiffs' claims, and further, that the Court accept the Uniform Comparative Fault Act proportionate share rule for this case so that plaintiffs' contribution claims against the non-settling defendants will be reduced by the fair share of General Motors Corporation, and further, that a final, appealable judgment be entered concerning the dismissal of General Motors Corporation from this action, inasmuch as there is no just reason to delay the entry of a final, appealable judgment.