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01-500 - USA v. Dravo Corporation, et al


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01-500 - USA v. Dravo Corporation, et al
May 25, 2005
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ORDER setting for hearing on 6/2/2005 at 9:30 a.m., Courtroom 3 (Omaha), 267 Motion for Approval of Settlement. Signed by Judge Joseph F. Bataillon on 5/25/2005. (SMS, )
May 27, 2005
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AMENDED SCHEDULING ORDER - rescheduling hearing on 6/2/2005 at 11:30 a.m., Courtroom 3 (Omaha), regarding 267 Motion for Settlement. Signed by Judge Joseph F. Bataillon on 5/27/2005. (SMS, )
June 8, 2005
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MEMORANDUM AND ORDER granting 267 Motion for Approval of Settlement. The Settlement and Release Agreement between Dravo Corp., Desco Corp. andBruckman Rubber Co., 267, Bruckman Motion Exhibit A, is approved. All claims of Dravo and Desco against Bruckman and any deemed-filed counterclaims by Bruckman against Dravo and Desco are dismissed, with Dravo Corp.,Desco Corp., and Bruckman Rubber Co., each to bear its own costs. Any and all future claims by any entity against Bruckman Rubber Co. related to the release or threatened release of hazardous substances or contaminants at orassociated with the Subsite at issue in this litigation, including but not limited to claims forcontribution and response costs pursuant to 42 U.S.C. 9613(f)(2) or other applicablefederal or state law, are barred. Signed by Judge Joseph F. Bataillon on 6/8/2005. (JAE, )
May 24, 2006
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ORDER - The plaintiff's Motion for Entry of Consent Decree 283 is granted. The Consent Decree will be entered this date. Signed by Judge Joseph F. Bataillon on 5/24/2006. (KBJ)
May 26, 2006
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MEMORANDUM AND ORDER - The City's motion for approval of settlement agreement 286 is granted. The Settlement and Release Agreement between Dravo Corp., Desco Corp. and the City of Hastings, Neb., Filing No. 286, Exhibit A, is approved. Consistent with the terms of the Settlement and Release Agreement, all Dravo's and Desco's claims against the City are dismissed, with prejudice,each party to bear its own costs and attorneys' fees. Consistent with the terms of the Settlement and Release Agreement, the City's counterclaims against Dravo and Desco are dismissed, with prejudice, each party to bear its own costs and attorneys' fees. Any and all future claims by any entity against the City, including but not limited to claims for contribution or response costs pursuant to 42 U.S.C. ? 9613(f)(2) or other applicable federal or state law, arising out of or related to the release or threatened release of hazardous substances or contaminants at or associated with the Subsite at issue in this litigation are barred. Signed by Judge Joseph F. Bataillon on 5/26/2006. (KBJ)
May 31, 2006
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AMENDED ORDER - This matter is before the court for clarification of the Order on Motion for Settlement 287. The City's motion for approval of settlement agreement 286 is granted. The Settlement and Release Agreement between Dravo Corp., Desco Corp. and the City of Hastings, Nebraska (Filing No. 286, Exhibit A) is approved. Consistent with the terms of the Settlement and Release Agreement, all Dravo's and Desco's claims against the City with respect to the Subsite at issue in this litigation are dismissed, with prejudice, each party to bear its own costs and attorneys' fees. Consistent with the terms of the Settlement and Release Agreement, the City's counterclaim (Count I) against Dravo, with respect to the Subsite at issue in this litigation, and the City's counterclaim (Count I) against Desco, with respect to the Subsite at issue in this litigation, are dismissed, with prejudice, each party to bear its own costs and attorneys' fees. Any and all future claims by any entity against the City, including but not limited to claims for contribution or response costs pursuant to 42 U.S.C. 9613(f)(2) or other applicable federal or state law, arising out of or related to the release or threatened release of hazardous substances or contaminants at or associated with the Subsite at issue in this litigation are barred. Signed by Judge Joseph F. Bataillon on 5/31/2006. (KBJ)