United States of America v. American Iron and Metal Co., Inc. et al
| United States of America |
| American Iron & Metal Co., Inc., Culp Industries, Inc., Paramount Global and American Iron and Metal Co., Inc. |
| Public Service Company of New Hampshire |
| 7:2022cv07800 |
| September 12, 2022 |
| U.S. District Court for the Southern District of New York |
| Cathy Seibel |
| Environmental Matters |
| 42 U.S.C. ยง 9607 Real Property Tort to Land - Liability |
| None |
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Filing 6
CONSENT DECREE: The Parties agree, and by entering this Consent Decree this Court finds, that this Consent Decree constitutes a judicially-approved settlement pursuant to which the Settling Defendants have, as of the Effective Date, resolved liability to the United States within the meaning of Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), and are entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, or as may be otherwise provided by law, for the "matters addressed" in this Consent Decree. The "matters addressed" in this Consent Decree are all response actions taken or to be taken and all response costs incurred or to be incurred, at or in connection with the Site, by the United States or any other person, except for the State; provided, however, that if the United States exercises rights under the reservations in Section IX (Reservations of Rights by United States), other than in Paragraph 18.a (liability for failure to meet a requirement of the Consent Decree) or 18.b (criminal liability), the "matters addressed" in this Consent Decree will no longer include those response costs or response actions that are within the scope of the exercised reservation, as further set forth herein. Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall constitute the final judgment between and among the United States and Settling Defendants. The Court enters this judgment as a final judgment under Fed. R. Civ. P. 54 and 58. SO ORDERED. (Signed by Judge Cathy Seibel on 10/19/2022) (mml)
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| Filing 5 MEMORANDUM OF LAW in Support re: #4 CONSENT MOTION to Approve Consent Judgment . . Document filed by United States of America..(Sun, Anthony) |
| Filing 4 CONSENT MOTION to Approve Consent Judgment . Document filed by United States of America..(Sun, Anthony) |
| Filing 3 NOTICE of Lodging of Proposed Consent Decree. Document filed by United States of America. (Attachments: #1 Exhibit 1 - Consent Decree).(Sun, Anthony) |
| Filing 2 CIVIL COVER SHEET filed..(Sun, Anthony) |
| Filing 1 COMPLAINT against American Iron & Metal Co., Inc., Culp Industries, Inc., Paramount Global, Public Service Company of New Hampshire. Document filed by United States of America..(Sun, Anthony) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Jan-Huan Sun. The party information for the following party/parties has been modified: The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error - American Iron & Metal Co., Inc. and party role was entered incorrectly - Public Service Company of New Hampshire (from consolidated cross defendant to defendant). (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| Case Designated ECF. (gp) |
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