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Crown Cork Seal Company, Inc. v. CBS Corporation

United States District Court, M.D. North Carolina
Jan 9, 2004
No. 1:99CV00869 (M.D.N.C. Jan. 9, 2004)

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.


Summaries of

Crown Cork Seal Company, Inc. v. CBS Corporation

United States District Court, M.D. North Carolina
Jan 9, 2004
No. 1:99CV00869 (M.D.N.C. Jan. 9, 2004)
Case details for

Crown Cork Seal Company, Inc. v. CBS Corporation

Case Details

Full title:CROWN CORK SEAL COMPANY, INC. and CLARK EQUIPMENT COMPANY, Plaintiffs, v…

Court:United States District Court, M.D. North Carolina

Date published: Jan 9, 2004

Citations

No. 1:99CV00869 (M.D.N.C. Jan. 9, 2004)