Hobart Corporation et al v. The Dayton Power and Light Company et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
HOBART CORPORATION, et al.,
Plaintiffs,
V.
DAYTON POWER AND LIGHT
COMPANY, et al.,
Defendants.
CaseNo. 3:13-cv-115
JUDGE WALTER H. RICE
ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND
THE SHERWIN-WILLIAMS COMPANY
This matter having come before the Court of Plaintiffs' Motion for Approval
of Settlement Agreement between Plaintiffs and The Sherwin-Williams Company
("Motion"), it is hereby
ORDERED THAT:
1) The Motion is GRANTED.
2) The Settlement Agreement between Plaintiffs and The Sherwin-Williams
Company, attached to the Motion as Exhibit A, is APPROVED, and the terms and
conditions of the Settlement Agreement are hereby incorporated into this Order as
if fully restated herein.
3) Subject to the Settlement Agreement, all claims asserted, to be asserted, or
which could be asserted against The Sherwin-Williams Company by the defendants
Case: 3:13-cv-00115-WHR Doc #: 1618 Filed: 03/27/26 Page: 1 of 3 PAGEID #: <pageID>

or parties in this case (whether by cross-claim or otherwise) or by any other person
or entity (except the United States and the State of Ohio) for matters in connection
with the South Dayton Dump and Landfill Site located at 1975 Dryden Road (also
known as Springboro Pike) in Moraine, Ohio (the "Site") under Section 106, 107, or
113 of CERCLA and/or any other federal, state, or local statute, regulation, rule,
ordinance, law, or common law, as the same may be amended or superseded, are
hereby barred, permanently enjoined, dismissed with prejudice, satisfied, and are
otherwise unenforceable in this case or in any other proceeding.
4) The Settlement Agreement represents a fair and reasonable resolution of The
Sherwin-Williams Company's alleged equitable share of CERCLA liability at the
Site. The payment by The Sherwin-Williams Company to Plaintiffs shall be credited
pro tanto, and not pro rata, during any equitable allocation of response costs among
liable parties by the Court in this matter pursuant to 42 U. S. C. § 9613(f)(1). The
liability of the litigants shall be reduced by the dollar amount of The Sherwin-
Williams Company's settlement payment, and the Court need not determine The
Sherwin-Wiltiams Company's alleged proportionate share of liability.
5) Upon notice to the Court by Plaintiffs that The Sherwin-Williams Company
has paid the settlement amount under the Settlement Agreement, The Sherwin-
Williams Company shall be dismissed with prejudice and without court costs.
Case: 3:13-cv-00115-WHR Doc #: 1618 Filed: 03/27/26 Page: 2 of 3 PAGEID #: <pageID>

6) Pursuant to the authority contained in Kokkonen v. Guardian Life Ins. Co. of
America, 511 U. S. 375 (1994), this Court hereby retains jurisdiction and shall retain
jurisdiction after entry of final judgment in this case to enforce the terms and
conditions of the settlement between Plaintiffs and The Sherwin-Williams
Company.
Date: March 27, 2026
^E3uo<-^.^
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
(Reviewed by Judge Rice prior to his
signature being affixed)
Case: 3:13-cv-00115-WHR Doc #: 1618 Filed: 03/27/26 Page: 3 of 3 PAGEID #: <pageID>