Opinion
1:99CV869
April 1, 2002
ORDER
On January 24, 2002, Recommendation No. 16 of the United States Magistrate Judge was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. No response has been received by the Court within the time limits prescribed by Section 636.
Therefore, the Court need not make a de novo review. The Court has reviewed the Recommendation of the United States Magistrate Judge and hereby adopts it.
IT IS THEREFORE ORDERED AND ADJUDGED 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) are granted, and that the Court, in fact, dismisses the cross-claims of defendant American National Can Corporation against defendant Scovill Fasteners with prejudice as a result of its settlement of plaintiffs' claims, and further, 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 shares of Scovill.
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.