Opinion
Case No. C 01 3495 SI
May 8, 2003
David E. Cranston, Jennifer T. Taffart, GREENBERG GLUSKER FIELDS CLAMAN MACHTINGER KINSELLA LLP, Los Angeles, California, Attorneys for Plaintiff UNION PACIFIC RAILROAD COMPANY.
Stephanie G. Field, Esq., BURKE, WILLIAMS SORENSEN, LLP, Attorneys for Defendant GR METALS INC.
STIPULATION RE DISMISSAL OF GR METALS, INC. PURSUANT TO RULE 41 OF THE FEDERAL RULES OF CIVIL PROCEDURE; ORDER
WHEREAS, plaintiff UNION PACIFIC RAILROAD COMPANY ("Plaintiff") filed this action on September 17, 2001 (the "Action") asserting claims under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., and related state law claims arising out of contaminated property and bay sediments located along the waterfront in Eureka, California;
WHEREAS, on February 25, 2002, the Court entered an Order regarding counterclaims and cross-claims such that each defendant is deemed to have filed and served counterclaims against Plaintiff for contribution under CERCLA, 42 U.S.C. § 9613(f)(1), comparative equitable indemnity, equitable apportionment and contribution, equitable contribution and indemnity, and related declaratory relief, which Plaintiff is deemed to have denied, and such that each defendant is deemed to have filed cross-claims against each and every other defendant for contribution under CERCLA, 42 U.S.C. § 9613(f)(1), comparative equitable indemnity, equitable apportionment and indemnity, equitable contribution and indemnity, and related declaratory relief, which each defendant is deemed to have denied;
WHEREAS, Plaintiff has previoLisly settled with the other defendants in this Action and such defendants have been dismissed,
WHEREAS, to avoid further litigation costs and to avoid the uncertainties of trial, Plaintiff and Defendant have entered into a settlement agreement that resolves the claims and causes of action between Plaintiff and Defendant;
WHEREAS, as part of this settlement, Plaintiff agreed to dismiss Defendant from the Action;
WHEREAS, as part of this settlement, Defendant agreed to dismiss with prejudice its counter-claims against Plaintiff; and
WHEREAS, Plaintiff and Defendant each agree to pay their own costs and attorneys' fees incurred in this Action, and the settlement thereof;
NOW THEREFORE, with the foregoing background incorporated by reference, Plaintiff and Defendant hereby stipulate that Defendant is dismissed with prejudice from Plaintiffs Complaint. Plaintiff and Defendant further stipulate that Defendant's counter-claims in the Action against Plaintiff are dismissed with prejudice. Plaintiff and Defendant further agree that each will pay their own respective costs and attorneys' fees incurred in connection with the claims dismissed herein.
ORDER
Puruant to the forgoing Stipulation, IT IS HEREBY ORDERED that:
1. Defendant GR Metals, Inc. is dismissed with prejudice from the within action;
2. The counter-claims of defendants GR Metals, Inc. plaintiff Union Pacific Railroad Company by virtue of the Court's February 25, 2002 Order are dismissed with prejudice;
3. Plaintiff Union Pacific Railroad Company and defendants GR Metals, Inc. are each to bear their own respective costs and attorneys' fees in connection with the claims dismissed herein.