EnPro Holdings Incorporated v. United States of America
| EnPro Holdings Incorporated |
| United States of America |
| 3:2021cv08193 |
| September 3, 2021 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Other Statutes: Environmental Matters |
| 42 U.S.C. ยง 9607 |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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Filing 11
AMENDED CONSENT JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that: 1. Application of this Agreement. This Agreement applies to and is binding upon EnPro (and its predecessors, successors and assigns) and the United States. This Agreement does not extend to or inure to the benefit of any party, person or entity other than EnPro and the United States, except as expressly provided herein, and nothing in this Agreement shall be construed to make any other person or entity not referenced in this Agreement a third-party beneficiary to this Agreement. See attached Order for complete details. Signed by Judge Susan M Brnovich on 10/19/21. (SMH)
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| Filing 10 CONSENT DECREE - Subject to the certification in Paragraph 6.a., the United States shall pay $1,360,000.00 to EnPro in full satisfaction of EnPro's claims for Past Response Costs within sixty (60) days after the Effective Date of this Agreement. Upon approval and entry of this Agreement by the Court, and receipt by EnPro of the payment provided for in Paragraph 6, the Contribution Claims shall be dismissed with prejudice, and the Court may mark the above-captioned case administratively closed. The Parties shall each bear their litigation and administrative costs and expenses, including attorneys' fees. Notwithstanding any other provision of this Agreement, the Court shall retain jurisdiction for the purpose of enforcing the Parties obligations under this Agreement and for resolving disputes in accordance with Paragraph 12 of this Agreement. (See document for further details). Signed by Judge Susan M Brnovich on 10/18/2021. (LAD) |
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Filing 9
SETTLEMENT ORDER AND FINAL JUDGMENT granting #8 Motion to Approve Consent Judgment. Upon entry of the Consent Decree, all of EnPro's claims against the United States in the above-referenced action, whether alleged in the complaint or otherwise, shall be dismissed with prejudice, as provided in the Consent Decree. There being no just reason for delay, this Court directs entry of final judgment in accordance with the terms of the Consent Decree and this Order. The Parties shall each bear their own costs, expenses, and attorneys' fees. (See document for further details). Signed by Judge Susan M Brnovich on 10/18/2021. (LAD)
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| Filing 8 Joint MOTION to Approve Consent Judgment by United States of America. (Attachments: #1 Attachment memorandum of law, #2 Attachment proposed consent decree, #3 Proposed Order proposed settlement order)(Augustini, Michael) |
| Filing 7 NOTICE of Appearance by Michael Charles Augustini on behalf of United States of America. (Augustini, Michael) |
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Filing 6
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 2, 2021. Signed by Judge Susan M. Brnovich on 9/7/2021. (ESG)
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Filing 5
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 9/07/2021. (ESG)
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Filing 4
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 9/07/2021. (ESG)
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| Remark: Pro hac vice motion(s) granted for Paul K Stockman on behalf of Plaintiff EnPro Holdings Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 3 Filing fee paid, receipt number 0970-19828416. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-21-8193-PCT-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) |
| Filing 2 Corporate Disclosure Statement by EnPro Holdings Incorporated. (JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19828416 filed by EnPro Holdings Incorporated. (DeBlasi, Michelle) (Attachments: #1 Civil Cover Sheet)(JAM) |
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| Plaintiff: EnPro Holdings Incorporated | |
| Represented By: | Michelle A DeBlasi |
| Represented By: | Paul K Stockman |
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| Defendant: United States of America | |
| Represented By: | Michael Charles Augustini |
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