Opinion
1:99CV869
January 24, 2002
RECOMMENDATION NO. 16 OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiffs have filed a motion to dismiss and bar all further claims against settling defendant Scovill Fasteners, Inc. ("Scovill"). (Docket No. 304) Defendant Scovill has filed a motion to dismiss the cross-claims of American National Can Company wherein they adopt and incorporate by reference the grounds and arguments raised in plaintiffs' motion. (Docket No. 318) Defendant American National Can Company ("ANCC") opposes both motions. (Docket nos. 317 324) The bases for these motions and opposition are the same as was dealt with in Recommendation No. 3. Defendant ANCC attempts to raise an additional argument opposing the settlement and/or dismissal because plaintiffs allegedly violated Fed.R.Evid. 408 by not revealing the process of the settlement negotiations. It also wants the Court to deny the motions because plaintiffs and the settling defendant apparently will not reveal the terms of the settlement. Whatever the merits of the secrecy issue may be at a later date, it does not affect the appropriateness of the settlement. Recommendation No. 3 was adopted by the Court and judgment was entered on January 9, 2001. (Docket Nos. 219 220) For the same reasons set out in Recommendation No. 3, it is recommended that plaintiffs' motion to dismiss as to this defendant and defendant Scovill's motion to dismiss the cross-claims of American National Can Company be granted as well.
IT IS THEREFORE RECOMMENDED that plaintiffs' motion to dismiss defendant Scovill Fasteners, Inc. as a defendant from this lawsuit with prejudice, and further, that all cross-claims arising out of plaintiffs' claims for recovery of their RI/FS costs, RD/RA costs, or any other response costs against Scovill Fasteners, Inc. be barred (docket no. 304), and as joined in by defendant Scovill Fasteners, Inc. (docket no. 318), be granted, and that the Court, in fact, dismiss the cross-claims of defendant American National Can Corporation against defendant Scovill Fasteners, Inc. 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 shares of Scovill and further, that a final, appealable judgment be entered concerning the dismissal of Scovill from this action, inasmuch as there is no just reason to delay the entry of a final, appealable judgment.