Opinion
1:99CV00869.
December 15, 2004
ORDER
On October 13, 2004, Recommendation No. 26 of the United States Magistrate Judge was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. No objections were filed within the time limits prescribed by Section 636.
Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that plaintiffs' motion to dismiss defendant Reynolds Metals Company 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 Reynolds Metals Company (docket no. 458) and as joined in by defendant Reynolds Metals Company (docket no. 493) are granted, and that the Court, in fact, dismisses any cross-claim or third-party claim by any party against defendant Reynolds Metals Company with prejudice as a result of its settlement of plaintiffs' claims, and further, that the Court accepts 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 Reynolds Metals Company.
IT IS FURTHER ORDERED that pursuant to Fed.R.Civ.P. 54(b) the Court determines that there is no just cause for delaying the entry of a final appealable judgment and, therefore, directs the entry of said judgment as to this Order.