Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:06-cv-00141-LAS

Document 31-5

Filed 06/20/2008

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=elating to the Site, Settling may not maintain, any defense or claim based upon the principles of waiver,

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collateral estoppel, issue preclusion,

claim-splitting, or other defenses based.upon any contention that the claims raised by the United States or the State in the subsevent proceeding were or should have been brought in the instat case; provided, however, that nothing in this paragraph affects the enforceability of the covenants not to sue set forth in Section VIII (Covenant Not to Sue and Reservation of Rights by the United States and the State).
19.

Plaintiffs agree that they will not oppose an

application filed after the lodging of the Decree to lift the stay regarding the Settling ~efendants;counterclaims on or after the date of entry of the Decree. This is without prejudice to
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any position taken by the United States as counterdefendants,
which specifically reserve their rights to oppose any specific dates which may be proposed by the Settling Defendants, relating to the resumption of discovery, pre-trial.conference, or the conducting of any pre-trial matters. Plaintiffs further agree

that they will not seek to stay or.otherwise delay the

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counterclaims if Plaintiffs file a supplemental response cost claim prior to a final order on the counterclaims. Settling

Defendants likewise agree that they will not seek to stay or otherwise delay the supplemental response cost claim and.further agree that the supplemental cost claim may proceed simultaneously
w i t h the counterclaims.

Pl. Damages SJ App. 19

Case 1:06-cv-00141-LAS

Document 31-5

Filed 06/20/2008

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XI.
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Whenever, under the terms o this Consent Decree, f
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or DnJr

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notice is required to be given or a document is required to be sent by one party to another, it shall be directed to the individuals at, the addresses specified below, unless those individuals or their successors give notice of a change to the

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other Parties in writing.

Written notice as specified herein

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shall constitute complete satisfaction of any kitten notice
requirement of the Consent Decree with respect to EPA, DOJ and the State, and the Settling Defendants, respectively.
ted Stat's

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John Cruden Chief, Environmental Enforcement.Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box,7611 Ben Franklin Station Washington, D.C. 20044
Re: united S-tps V DOJ Number 90-11-2-3A
Co-

91-m9 RJI(

Michael Montgomery Remedial Project Manager EPA Region IX 75 Hawthorne Street, H-6 San Francisco, California and
Greg Ritter
Office of Regional Counsel

94105

EPA Region IX 75 Hawthorne Street, RC-3 San Francisco, California

94105

Pl. Damages SJ App. 20

Case 1:06-cv-00141-LAS

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Caroline Rudolph, Project Manager Program ~evelopmentand Technical Support Branch Department of Toxic Substances Control 400 P S t r e e t , 4th Floor P.O. Box 806 Sacramento,: CA 95812-0806

and
Steve Koyasako. Staff Attorney Office of Legal Counsel Department of Toxic Substances Control 400 P. S t r e e t , 4th Floor P.O. Box 806 Sacramento, CA 95812-0806 i

and
Timothy R . Patterson Office of t h e Attorney General 110 West A S t r e e t , Suite 1100 p.0. Box 85266 San Diego, California '92186-5266
The following s h a l l serve as

u Kathleen C. Gillmore, Esq. Legal Department Shell Oil company Suite 4884 One Shell Plaza 900 Louisiana S t r e e t Houston, Texas 77002
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OF

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T h i s Court s h a l l r e t a i n j u r i s d i c t i o n of this matter for

the purpose of enforcing the terms of t h i s Consent Decree.

XIII.

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This Consent Decree s h a l l be lodged with t h e Court f o r

a period of t h i r t y (30) days f o r public n o t i c e and comment.

The

Pl. Damages SJ App. 21

Case 1:06-cv-00141-LAS

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Filed 06/20/2008

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-, I United states reserves' the right to withdraw or withhold ~ t s -'

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I consent if the comments regarding the Consent Decree disclose

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this Coneent Decree I facts or considerations which indicate that Settling ' ~ eendants is inappropriate, improper, or inadequate. f consent to the'entry of this Consent Decree without regard to the comments received and without further notice.
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If for any reason this Court should decline to approve

this Consent Decree i the foxm presented, this agreement is n
9 voidable at the sole discretion of any party and the tenns of the
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agreement may not be used as evidence in any litigation between the Parties.

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24.

Each undersigned representative of a Settling Defendant the Assistant Attorney General for ,the

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1 to this Consent Decree.

Environment and Natural Resources Division of the united States Department of Justice, and the Deputy Director of the Site

1 Mitigat ion Program, Department

of Toxic Substances Control,

California Environmental Protection Agency, certifies that he or she.is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bi& this document.
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such party to'

Each Settling Defendant hereby agrees not to oppose

entry of this Consent Decree by this Court or to challenge any provision of this Consent Decree, unless the United States has notified Settling Defendants in writing that the United States no longer supports entry of the Consent Decree.

Pl. Damages SJ App. 22

Case 1:06-cv-00141-LAS

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authorized t o accept s e r v i c e of process by mail on behal

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p a r t y w i t h respect t o a l l matters arising under or relating to

this Consent Decree.

S e t t l i n g Defendants hereby agree t o accept

service i n that manner and t o waive the formal sexvice
requirements set forth i n Rule 4 of the Federal Rules of Civil' procedure and any applicable local ruies of t h i s Court, including

but not l i m i t e d to, sexvice,of a summons.

SO ORDERED THIS

q

DAY OF,,

1999.

United States Eistrict Judge

Pl. Damages SJ App. 23

Case 1:06-cv-00141-LAS

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UNDERSIGNED PARTY enters into this Consent Decree in the matter of United- of AIEdCa. et al. v. Shell O i l C o . . et &, No. Cv-91-0589 RJK(Ex), relating to the McColl Superfund Site.
FOR THE UNITED STATES OF AMERICA
Date:
?/-/4Y

~cting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice Washington, D.C. 20530

PETER RSIAO Assistant United States Attorney Room 7516, Federal Building 300 North Los Angeles Street L s Angeles, California 90012 o
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WILLIAM A. WEINISCHKE Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Ben Franklin Station Washington, D.C. 20044

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Pl. Damages SJ App. 24

Case 1:06-cv-00141-LAS

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Assistant Administrator for Enforcement U.S. ~nvironmental Protection Agency 401 M Street, SW Washington, DC 20460

C . U J Q ' C. WISE O ?

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~ e p u Regional Administrator t ~ Region IX U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105

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GREGORY A. RITTER Assistant Regional.Counse1 U.S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, California 94105

Pl. Damages SJ App. 25

Case 1:06-cv-00141-LAS

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u: > . ,.... THE UNDERSIGNED PARTY enters into this Consent Decree ii tk="';".. . .. matter of W t p d states of America. et al. v . ShcLU2_Qil Co.. et gL, No. Cv-91-0589 RJX(Ex) , relating to the'McColl Superfund Site.

L... ..*, ,.,,

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FOR THE STATE OF CALIFORNIA, P R T I ~ , CALIFORNIA DEPARTMENT OF HEALTH SERVICES, HAZARDOUS SUBSTANCE ACCOUNT, AND HAZARDOUS SUBSTANCE CLEANUP FUND
MARG&T

Date:

6h3hY

FELTS

Deputy Director

Site Mitigation Program Department of Toxic Substances Control California Environmental Protection Agency 400 P Street, 4th Floor . P.O. Box 806 Sacramento, CA 95812-0806

STEVE KOYASAKO Staff Attorney

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Office of Legal Counsel Department of Toxic Substances Control 400 P Street, 4th Floor P.O. Box 806 Sacramento, CA 95812-0806
DANIEL E. LUNGREN Attorney General RODERICK WALSTON Chief Assistant Attorney General THEODORA BERGER

Deputy Attorney General California Department of Justice 110 West A Street, Suite 1100 P.O. Box 85266 San Diego, California 92186-5266

Pl. Damages SJ App. 26

Case 1:06-cv-00141-LAS

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THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States of rtmerjca. et a l - v. Shell Oil P o . . et L, NO. C v - 9 1 - 0 5 8 9 RJX(Ex), relating to the McColl Superfund ... Site.

FOR DEFENDANT SHELL OIL COMPANY
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Date:
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Rand N. Shulman General Ma.nager, Health .Safety & Environment

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Agent Authorized to Accept Service on Behalf of Shell Oil. Company:
Kathleen C. Gillmore, Esq. Legal Department Shell Oil Company Suite 4884 One Shell Plaza 9 0 0 Louisiana Street 77002 Houston, Texas
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FOR DEFENDANT UNION OIL COMPANY OF CALIFORNIA Date:

W. Carroll Jackson
General Manager, Corporate Environmental Remediation Technology Group

Agent Authorized to Accept Service on Behalf of Union Oil Company of California: Robert King Manager, Superfund Pxoject 1 2 0 1 West Fifth Street Los Angeles, California 9 0 0 1 7

Pl. Damages SJ App. 27

Case 1:06-cv-00141-LAS

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THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of U n i t e d r o f c a . et a1 . v . s h e l l Q . P.L Co. l i &, No. Cv-91-0589 RJK(Ex), relating to the McColl Superfund Site.

FOR DEFENDANT SHELL OIL COMPANY

Date : Rand N. Shulrnan General Manager, Health Safety Environment .
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Agent Authorized to Accept Service on Behalf of Shell Oil Company :

Kathleen C. Gillmore, Esq. Legal Department Shell Oil Company Suite 4884 One Shell Plaza 900 Louisiana Street 77002 Houston, Texas

FOR DEFENDANT UNION OIL COMPANY OF CALIFORNIA Date : June 17, 1994

W. Carroll ~acdson. General Manager, Corporate Environmental Remediation . Technology Group

Agent Authorized to Accept Service on Behalf of Union Oil Company of California:

Robert King Manager, Superfund Project 1201 West Fifth Street Los Angeles, California 90017

Pl. Damages SJ App. 28