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 at.,
Defendants.
Case No. 3:13-cv-115
JUDGE WALTER H. RICE
ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND
PHARMACIA LLC
This matter having come before the Court of Plaintiffs' Motion for Approval
of Settlement Agreement between Plaintiffs and Pharmacia LLC ("Motion"), and
any response thereto, it is hereby
ORDERED THAT-
1) The Motion is GRANTED.
2) The Settlement Agreement between Plaintiffs and Pharmacia LLC, 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 Pharmacia LLC by the defendants or parties in this
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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law, or common law, as the same may be amended or superseded, are hereby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
Pharmacia LLC's alleged equitable share of CERCLA liability at the Site. The
payment by Pharmacia LLCto 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 Pharmacia LLC's settlement payment, and the
Court need not determine Pharmacia LLC's alleged proportionate share of liability.
5) Upon notice to the Court by Plaintiffs that Pharmacia LLC has paid the
settlement amount under the Settlement Agreement, Pharmacia LLC shall be
dismissed with prejudice and without court costs.
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
2
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jurisdiction after entry of final judgment in this case to enforce the terms and
conditions of the settlement between Plaintiffs and Pharmacia LLC.
Date: December 30, 2025 )^jji-^ H, <
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
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