Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cv-01807-MSK-MJW

Document 492-2

Filed 09/14/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 01-cv-01807-MSK-MJW BANK ONE, N.A., (Successor to Bank One, Colorado, N.A.) and BANK ONE TRUST COMPANY, N.A., As Trustee of the Frank G. Jamison Marital Trust and the Frank G. Jamison Family Trust, Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners; and, JOHNNY ON THE SPOT, INC. Defendants.

BOULDER CLEANERS, INC. and, JOHN'S CLEANER'S, INC., Cross-Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners, Cross-Defendant. ______________________________________________________________________________ ORDER APPROVING SETTLEMENT AGREEMENT WITH CONTRIBUTION PROTECTION ______________________________________________________________________________ THIS MATTER comes before the Court on a Joint Motion for Approval of Settlement Agreement with Contribution Protection (the "Joint Motion") filed on September ___, 2007 by Plaintiffs Bank One, N.A., successor to Bank One, Colorado, N.A., Bank One Trust, N.A., As Trustee of the Frank G. Jamison Marital Trust and the Frank G. Jamison Family Trust, and Defendants C.V.Y. Corporation , d/b/a Your Valet Cleaners; and Johnny On The Spot, Inc.

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Case 1:01-cv-01807-MSK-MJW

Document 492-2

Filed 09/14/2007

Page 2 of 2

THE COURT, having reviewed the Joint Motion, the parties' briefings and all matters relevant thereto, and being fully advised in the premises, hereby ORDERS that the Joint Motion for Approval of Settlement Agreement with Contribution Protection is GRANTED. The Court specifically finds that: (1) The Settlement Agreement was reached in good faith following arm's-length

negotiations among the signatories; (2) The Settlement Agreement meets the standards of fairness, reasonableness, and

faithfulness to the statutory objectives of CERCLA that is required of CERCLA settlements; and (3) All contribution claims against the Settling Defendants relating to any matter

addressed in the Settlement Agreement, whether asserted or not asserted by any third-parties whether arising under CERCLA or state law, are hereby barred. DATED this ____ day of September, 2007.

BY THE COURT:

_______________________________ Honorable Marcia Smith Krieger United States District Court Judge

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