Free Motion to Approve Consent Judgment - District Court of Arizona - Arizona

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UNTED STATES DISTRICT COURT DISTRICT OF ARIZONA
Crane Co., et a/.,

Plaitiffs,
vs.

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CIV-03-2226-PHX-ROS CIV -04-l400-PHX-ROS (Consolidated)
CONSENT DECREE

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United States of America, et a/.,

Defendats.

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This Consent Decree ("Agreement") is made, as of the Effective Date of

ths

Agreement (as defined herein), between Unidynamics/Phoeni, Inc. ("UP!") and Crane Co.
(collectively, and as defined herein, "Plaintiffs"), and the United States of America (as
defined herein, the "United States"), collectively referred to herein as "the Pares," in

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consolidated actions CIV-03-2226-PHX-ROS and CIV-04-l400-PHX-ROS.

WHEREAS, ths case involves claims (the "Contrbution Claims," as defined
herein) by Plaintiffs under the Comprehensive Environmental Response, Compensation, and
Liabilty Act, 42 U.S.C. §§ 9601-75, as amended by the Superfd

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Amendments and

Reauthoriation Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) ("CERCLA"),

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seekig to recover from the United States certin costs Plaintiffs have incured in response to
the release or theatened release of

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hazardous substaces at a former manufactug facility

located in Goodyear, Arona (the "Site," as defined herein), and seekig a declaration as to
the liability of the United States for costs to be incured by Plaintiffs in the futue at the Site;
and
WHEREAS, the Paries desire to enter into ths Agreement to have a full and

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final resolution of any and all claims that have been or could now or hereafter be asserted

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againt the United States in connection with Covered Matters (as defined herein), and to

avoid the complication and expense of fuer litigation of such claims; and

Case 2:03-cv-02226-ROS

Document 83-2 -1-

Filed 07/26/2006

Page 1 of 16

1 WHEREAS, the Pares agree that ths Agreement is fair, reasonable and in the
2 public interest; and

3 WHEREAS, the United States enters into ths Agreement as a fial settement
4 of all claims agait it in connection with the Site and does not admt any liability or issue of

5 fact or law arsing from occurences or tranactions perting to the Site.

6 NOW, THEREFORE, IT is ORDERED, ADJUGED AN DECREED that:
7 1. Application of this Agreement. This Agreement applies to and is
8 bindig upon Plaitiffs (and their predecessors, successors and assigns) and the United States.

9 This Agreement does not extend to or inure to the benefit of any par, person or entity other
10 than Plaintiffs and the United States, except as expressly provided herein, and nothg in ths
11 Agreement shall be constred to make any other person or entity not referenced in ths

12 Agreement a thd-par beneficiar to ths Agreement.
13 2. Defiitions. Whenever the term listed below are used in ths

14 Agreement, the following defintions shall apply:

15 a. "Agreement" shall mean ths Consent Decree.
16 b. "Contrbution Claims" shall mean the claims asserted by Plaintiffs in
17 Counts i and II of Case No. CIV-03-2226-PHX-ROS, and Counts i and II of

the

18 Counterclaims asserted in Case No. CIV-04-l400-PHX-ROS.

19 c. "Covered Matters" shall mean any and all past or futue claim, mown

20 or unown that were, could have been, could now be, or hereafter could be asserted by
21 Plaintiffs againt the United States arsing out of or in connection with any release or

22 theatened release of a hazardous substance at the Site, includig any claim regardig off23 site contaation that may have emanated, may still be emanatig, or may emanate in the

24 futue from the Site.
25 d. "Day" shall mean a calendar day. In computing any period of time

26 under ths Agreement, where the last day would fall on a Satuday, Sunday or Federal
27 holiday, the period shall ru until the close of business of

the next day that is not a Satuday,

28 Sunday or Federal holiday.
Case 2:03-cv-02226-ROS Document 83-2 -2Filed 07/26/2006 Page 2 of 16

1 e. "Effective Date" shall mean the date the Cour approves ths Agreement.

2 f. "Futue Response Costs" shall mean, for puroses of ths Agreement,
3 those necessar costs of

response, as defined in 42 U.S.C. § 9601(25), incured and paid by

4 UPI or Crane Co. on or after Januar 1,2006, which are consistent with the National

5 Contigency Plan and arse out of or in connection with any releases or theatened releases of

6 hazardous substaces at or emanating from the Site that are attbutable to UPl s former

7 manufactug operations at the Site. "Futue Response Costs" shall also include, for
8 puroses of ths Agreement, the following costs paid by UPI or Crane Co. to the City of

9 Goodyear, Arona in 2006 in settlement of the claim asserted in the United States Distrct
10 Cour for the Distrct of Arona in Case No. CV-05-0387 PHX ROS (the "Goodyear

11 Lawsuit"): (1) the tota sum of $650,000 for the cost of drlling and intaling a new water
12 supply well to replace COG-2, provided that Plaintiffs demonstrate that the City of

Goodyear

13 has used such fuds to drll and install a new water supply well to replace COG-2; (2) the

14 tota sum of $650,000 for the cost of drlling and intalling a new water supply well to replace

15 COG-lO, provided tht Plaintiffs demonstrate that the City of Goodyear has used such fuds
16 to drl and intal a new water supply well to replace COG-lO; and (3) the total sum, not to

17 exceed a total of $50,000 per month for up to six month under Paragraph 7 of the Goodyear

18 Lawsuit settement agreement, paid by UPI or Crane Co. to the City of Goodyear for interi
19 water replacement to replace water lost when COG-l 0 was taken out service, provided that

20 Plaintiffs demonstrate that the City of Goodyear actually incured such interim water
21 replacement costs. Except for the thee items specifically set fort above, "Futue Response
22 Costs" shall not include, for puroses of ths Agreement, any other payments by UPI or Crane 23 Co. to the City of Goodyear, Arzona, in connection with the settement of claims asserted in
24 the Goodyear Lawsuit, and Plaintiffs may not seek reimbursement from the United States for
25 any such payments under ths Agreement.

26 g. "Plaintiffs" shall mean UPI and Crane Co., includig their predecessors

27 in-interest, as well as their successors, assign, designees, inurers, agents, affiliates and
28 related companes.

Case 2:03-cv-02226-ROS

Document 83-2 -3-

Filed 07/26/2006

Page 3 of 16

1 h. "Site" shall mean, for puroses of ths Agreement, the propert

2 encompassing the former UPI manufactug operations located at 102 South Litchfeld

3 Road, Goodyear, Arona, propert bounded by VanBuren Street to the nort, Litchfield
4 Road to the east, and the Union Pacific Railroad to the west (the "UPI Operations"). This
5 propert is depicted generally on the map attched to ths Agreement as Appendi A. The

6 term "Site" shall also include without litation waste disposal areas, storage areas,

7 buildigs, equipment, strctues, roads, ditches, culverts, pipes, and other propert associated
8 with the manufactug facilities described above. For puroses of

ths Agreement only,

9 "Site" shall also include the remote storage and disposal facility operated by Plaintiffs and

10 located in the Whte Tan Mountains.
11 1. "United States" shall mean the United States of America and all agencies
12 and intrentalities of the United States of America, includig, but not limted to, the

13 Defendats that Plaintiffs have named in Case No. CIV-03-2226-PHX-ROS: the United

14 States of America, the United States Deparent of Defense (in its own right and as successor
15 to the War Deparent), the Secretary of

Defense in his official capacity, the United States

16 Deparent of

Energy (in its own right and as successor to the Atomic Energy Commssion),
Energy in his official capacity, the United States Deparent of

17 the Secreta of

the Navy, the

18 Secreta of

the Navy in his official capacity, the United States Deparent of

the Ary, the
the Ai Force,

19 Secreta of

the Ary in his official capacity, the United States Deparent of

20 the Secreta of

the Ai Force in his official capacity, the National Aeronautics and Space

21 Admstration ("NASA"), and the Admstrator of NASA. For the puroses of Paragraphs
22 2.c, 3, 5.b, 6.a, 7.b, and 8.b. of

ths Agreement only, the term "United States" shall also

23 include all employees, contractors or agents of the United States, includig thd paries such
24 as defense or prime contractors, to the extent that their alleged liabilty at the Site arses from

25 their having directed, conducted, or otherwise paricipated in or been involved with any
26 activity at or related to the Site while acting on behalf of

the United States.

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Case 2:03-cv-02226-ROS Document 83-2 -4- Filed 07/26/2006 Page 4 of 16

1 J. "Interest" shall mean interest accrug at the rate specified by the
2 Hazardous Substace Superfd established under subchapter A of chapter 98 of

Title 26 of

3 the United States Code.

4 3. Release and Covenant Not To Sue by Plaintiffs. Upon approval and

5 entr of ths Agreement by the Cour and receipt by Plaintiffs of the payment provided for in

6 Paragraph 6, Plaitiffs shall forever release, discharge, and covenant and agree not to assert
7 (by way of the commencement of an admstrative or judicial action, the joinder of

the

8 United States in any such existig action, or in any other fashion) any and all claims, causes
9 of action, suits or demands of any kid whatsoever, mown or unown, in law or in equity
10 which they may have had, or hereafter have, includig, but not limted to, claims under

11 CERCLA sections 107 and 113, agait the United States for Covered Matters, exceptig

12 claim for breach of ths Agreement.
13 4. Indemnification by Plaintiffs. Plaintiffs shall indemnfy and hold

14 haress the United States agait any and all claim asserted againt the United States by
15 any person or entity with respect to Covered Matters. Notwithtading the foregoing,

16 however, Plaintiffs' total obligations pursuant to ths Paragraph 4 shall not exceed the
17 amounts to be paid by the United States to Plaintiffs pursuant to Paragraph 6 and Paragraph 7
18 of ths Agreement. Furermore, Plaintiffs shall have no obligation under ths paragraph to

19 indemnfy the United States for claim for personal injur, bodily injur or death or daages

20 arsing from personal injur, bodily injur or death.

21 5. Protection Against Claims.
22 a. The payments to be made by the United States pursuant to ths

23 Agreement represent a good faith compromise of disputed claim, and the Pares agree that
24 the compromise represents a fair, reasonable, and equitable discharge for Covered Matters
25 addressed in ths Agreement.

26 b. With regard to any claim for costs, damages or other claims against the

27 United States for Covered Matters addressed in ths Agreement, the United States is hereby
28 granted contrbution protection pursuant to section l13(f) ofCERCLA, 42 U.S.C. § 9613(f),
Case 2:03-cv-02226-ROS Document 83-2 -5Filed 07/26/2006 Page 5 of 16

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1 and any other applicable provision of federal or state law, whether by statute or common law,
2 extiguishig the United States' liabilty to persons not par to ths Agreement. Any rights
3 the United States may have to obtain contrbution or otherwise recover costs or daages from

4 persons not par to ths Agreement are preserved.
5 c. The Plaintiffs and the United States wil

join in and/or support, as may

6 be appropriate, such legal proceedigs as necessar to secure the Cour's approval and entr

7 of ths Agreement and to secure and maitain the contrbution protection contemplated in ths

8 Agreement.

9 6. Payment for Past Response Costs.

lOa. Plaintiffs hereby warant and certfy to the United States tht Plaintiffs
11 have not been reimbursed or received any payment from the United States, includig pursuant
12 to any of

Plaintiffs' contracts related to the United States, or from any other source for the

13 costs and/or liabilities that Plaintiffs have incured at that Site prior to Januar 1,2006, except
14 for the proceeds received from a settlement with Plaintiffs' inurers in UMC/Stamford, Inc. v.
15 Allanz Underwriters Ins. Co., et al., Superior Cour of

New Jersey Law Division: Essex

16 County

Docket

No. L-016044-90.

17 b. With a reasonable time after the Effective Date of ths Agreement, and
18 subject to the certification in Paragraph 6.a, the United States shall pay $4,925,000 to
19 Plaintiffs. Payment shall be made pursuant to diections given by Plaintiffs, provided these

20 intrctions comply with federal and any other applicable law.

21 c. If such payment is not made in full with niety (90) days after the

22 Effective Date of ths Agreement, Interest on the unpaid balance shall be paid commencing
23 on the 91 st day after the Effective Date.
24 d. Said payment by the United States is subject to the availabilty of fuds
25 appropriated for such purose. No provision of

ths Agreement shall be interpreted as or

26 constitute a commtment or requiement that the United States obligate or pay funds in
27 contravention of the Anti-Deficiency Act, 31 U.S.C. §§ 1341-42 and 1511-19, or any

other

28 applicable provision of

law.
Document 83-2 -6Filed 07/26/2006 Page 6 of 16

Case 2:03-cv-02226-ROS

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1 e. With five (5) days of receipt of

the payment set fort in ths Paragraph,

2 Plaintiffs shall file a notice with the Cour that payment has been received.

3 7. Payments for Future Response Costs.
4 a. On or before August 15 of each calenda year, Plaintiffs wil send the
5 United States a statement that includes an accountig of Futue Response Costs paid from
6 Januar 1 to June 30 of

that year. On or before Februar 15 of each succeedig calenda

7 year, Plaintiffs wil send the United States a statement that includes an accountig of Futue
8 Response

Costs paid from July 1 to December 31 of the precedig calenda year. In no event

9 shall Plaintiffs submit or be entitled to recover from the United States a Futue Response Cost

10 more than two years after it has been incured by Plaitiffs.
11 b. Included with each statement shall be copies of invoices, a description of

12 the work underlyig the invoices, and other documents sufficient to support the claimed
13 Futue Response Costs. As par of the description of work required by this Paragraph,

14 Plaintiffs may include their submissions to the United States Environmental Protection
15 Agency pursuant to the Parial Consent Decree lodged with the Cour on April 11, 2006 in
16 connection with claims asserted by the United States in Case No. CIV-04-l400-PHX-ROS.

17 Each statement shall also contain a certfication by Plaintiffs under penalty of perjur that

18 each claimed item qualifies as a Futue Response Cost and was incured and paid by

19 Plaintiffs. Plaintiffs shall also certfy that Plaitiffs have not recovered the claimed Futue
20 Response Costs from the United States pursuant to Plaintiffs' contracts related to the United
21 States or otherwise, or from any other source, including insurers, except as otherwise

22 provided in Paragraph 8 of ths Agreement.
23 c. With niety (90) days of

the United States' receipt of each statement,

24 the United States shall reimburse Plaintiffs for twenty-one percent (21 %) of the Futue

25 Response Costs contained in the statement that are properly included and supported, except as
26 otherwise provided in Paragraph 7.d of ths Agreement. Payment shall be made pursuant to
27 intrctions given by Plaintiffs, provided these intrctions comply with federal and any other

28 applicable law.
Case 2:03-cv-02226-ROS Document 83-2 Filed 07/26/2006 Page 7 of 16

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1 d. If Plaintiffs fail to support a Futue Response Cost with documentation

2 required in Paragraph 7.b, or otherwise fail to demonstrate that a cost is properly
3 reimbursable under ths Agreement, the United States may object, in wrtig, with sixty
4 (60) days of receipt of

the statement, and said objection shall be sent to Plaintiffs pursuant to

5 Paragraph 11 of

ths Agreement. Any such objection shall identify the contested Futue

6 Response Cost and the basis for objection. In the event of an objection, the United States
7 shall, with the niety (90) day period, reimburse its share of any uncontested Futue

8 Response Costs to Plaintiffs in the maner described in Paragraph 7.c. After the tranmission

9 of any objection pursuant to Paragraph 7.d, the United States shall intiate the dispute
10 resolution procedures provided in Paragraph 12 of ths Agreement.
11 e. If any payments requied to be made by ths Paragraph are not made in
12 accordace with the provisions of

ths Section, Interest on the unpaid balance shall accrue

13 from the date on which the payment was due.
14 f. Payments of

Futue Response Costs by the United States are subject to
fuds appropriated for such purose. No provision of

15 the availability of

ths Agreement shall

16 be interpreted as or constitute a commtment or requirement that the United States obligate or
17 pay fuds in contrvention of

the Anti-Deficiency Act, 31 U.S.C. §§ 1341-42 and 1511-19, or

18 any other applicable provision of law.
19 g. If the United States determes for any reason that a Futue Response

20 Cost for which reimbursement was made to Plaintiffs pursuant to ths Agreement was not
21 properly subject to reimbursement, the United States may demand credit, with Interest, of all

22 payments made previously with regard to that cost, which credit shall be applied to Plaintiffs'

23 demands for Futue Response Costs. In the event a credit in the appropriate amount is not
24 available for any reason, the United States may seek appropriate relief from the Cour.
25 With sixty (60) days of

receiving such a demand, the Plaintiffs shall credit such prior

26 payments to the United States, with Interest from the date of

the prior payments to the date of

27 retu of

those payments, uness Plaintiffs provide wrtten notice contesting that demand for
Paragraph 12

28 credit withn said sixty (60) day period, in which case the dispute provisions of

Case 2:03-cv-02226-ROS

Document 83-2 -8-

Filed 07/26/2006

Page 8 of 16

1 shall tae effect. The United States shall not demand credit for any payment of a Futue

2 Response Cost more than two years after it has made said payment, except in cases of fraud,
3 bad faith, or where the United States could not have reasonably determed, from the

4 inormation submitted by Plaitiffs before the payment, that a claimed cost was not a valid
5 Futue Response Cost.

6 h. A determation by the United States not to object to a Futue Response
7 Cost shall not constitute an admssion, agreement, understandig, or other indication by the

8 United States that any such cost is a Futue Response Cost with the scope of ths

9 Agreement, that such cost was necessar or incured consistent with the NCP, or is otherwise
10 reimbursable under ths Agreement or under any statute, reguation, or other provision or law

11 or equity.
12 8. Limitation on Claims Against Third Partes.
13 a. Plaintiffs shall provide notice to the United States with foureen (14)

14 days if at any time they seek recovery of Futue Response Costs from any source other than
15 the United States or from the United States in any maner other than that provided for by ths
16 Consent Decree.

17 b. Notwithstandig the foregoing, Plaintiffs shall be entitled to seek to

18 recover costs and/or liabilties that Plaitiffs have incured at the Site prior to Januar 1,

19 2006, and shall be entitled to seek to recover Futue Response Costs or other damages, from
20 any person or entity other than the United States that may be liable to Plaintiffs as a result of
21 acts or omissions in connection with the performance of removal actions or remedial actions

22 (as defined by 42 U.S.C. § 9601(23)-(24)) at the Site.

23 9. Effect of Settlement/ntry of JudgmentJeservation of Rights.
24 a. This Agreement was negotiated and executed by Plaintiffs and the
25 United States in good faith and at ars lengt and shall be deemed to be drafted equally by

26 the Pares, and is a fair and equitable compromise of claims that were vigorously contested.

27 This Agreement shall not constitute or be constred as an admssion of any issue of fact or

28 law by the Paries. It is not an admssion or denial of any factual allegations set out in the
Case 2:03-cv-02226-ROS Document 83-2 Filed 07/26/2006 Page 9 of 16

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1 pleadigs in the above-captioned actions or an admssion of liability or violation of any law,
2 rule, regulation, or policy by any of the Pares to ths Agreement.

3 b. Upon approval and entr of ths Agreement by the Cour, and receipt by
4 Plaintiffs of the payment provided for in Paragraph 6, ths Agreement shall constitute a final

5 judgment among the Paries with respect to the Site and the Contrbution Claims. 6 c. Any enforcement action brought by the United States on behalf of any

7 reguatory agency, or an action for daages brought by or on behalf of any federal natual
8 resource trstee, concerng activities or conditions at the Site do not arse out of the
9 transaction or occurence (or the same series of

tranactions or occurences) that is the subject

10 matter of Plaintiffs' Contrbution Clai against the United States.

11 d. Except as specifically provided herein, ths Agreement shall not alter the
12 Pares' rights and obligations under the Paral Consent Decree lodged with the Cour on
13 April

11, 2006 in connection with claims asserted by the United States in Case No. CIV-04-

14 l400-PHX-ROS.
15 10. Dismissal with Prejudice. Upon approval and entr of

ths Agreement

16 by the Cour, and receipt by Plaintiffs of the payment provided for in Paragraph 6, the

17 Contrbution Claims shall be dismissed with prejudice, and the Cour shall mark Case No.
18 CIV-03-2226-PHX-ROS admstratively closed.
19 11. Notices. Any notices required hereunder shall be tranmitted by
20 overnght delivery service, telecopier, or electronic mail to each of

the undersigned, or in

21 such maner and to such persons as may be designated by a Pary hereto in wrting to the

22 other Paries.

23 12. Dispute Resolution.
24 a. Any dispute with respect to the United States' obligation to reimburse

25 Futue Response Costs under Paragraph 7 of ths Agreement shall in the first intace be the
26 subject of inormal negotiations between the Paries. The period for informal negotiations
27 shall

last sixty (60) days from the date the United States transmits its objection pursuant to

28 Paragraph 7.d, or the Plaintiffs tranmit an intention to contest a demand for credit pursuant
Case 2:03-cv-02226-ROS Document 83-2

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Page 10 of 16

1 to Paragraph 7.g, uness ths period is extended by written agreement of the Paries. If

2 inormal negotiations are unuccessfu, the Paries shall notify the Cour of the dispute and
3 the need for a resolution, either by the Cour or though the use of Cour-anexed alternative

4 dispute resolution procedures, uness the Pares agree in wrtig on an alternative method of

5 dispute resolution.

6 b. In the event informal negotiations are unuccessfu, no Par shall
7 submit or rely on any evidence, in any form to resolve the disputed Futue Response Cost
8 that was not disclosed to the other Par prior to the expiration of the informal negotiation

9 period in Paragraph l2.a, except upon leave of Cour or appointed/agreed mediator.

10 However, nothg in ths Paragraph l2.b shall preclude a Par from submittg or relyig on
11 (i) expert testimony; (ii) factual evidence not in existence at the tie of the inormal
12 negotiation period; (iii) factual evidence whose existence was not mown to the Par at the
13 tie of the informl negotiation period; or (iv) evidence that is, or was at the time of

the

14 inormal negotiation period, exclusively with the possession of the other Par.
15 c. If a reimbursement is determed to be due pursuant to Paragraph l2.a,
16 the United States shall pay the sum determed to be due with sixty (60) days of

the

17 resolution of

the dispute (with accrued Interest puruant to Paragraph 7.d or 7.g of

ths

18 Agreement). If a credit is determed to be due pursuant to Paragraph l2.a, then the United
19 States shall apply said credit to Plaitiffs' subsequent claims for reimburement. In the event

20 Plaintiffs make no subsequent claims for reimbursement exceedig the credit, then Plaintiffs

21 shall refud any remainig credit to the United States with Interest accruing from the date the

22 credit was determed due.
23 13. Integration Provision. This Agreement, includig attchments,

24 constitutes the entire Agreement between the Pares with respect to matters covered herein.

25 All prior discussions, drafts and writigs are specifically superseded by ths Agreement and

26 may not be used to var or contest the terms of ths Agreement.
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Case 2:03-cv-02226-ROS Document 83-2 Filed 07/26/2006 Page 11 of 16

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14. Representative Authority. The individuals signg ths Agreement
below hereby certfy that they are authorized to bind their respective par or paries to ths

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Agreement.

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15. Costs and Expenses. The Paries shall each bear their litigation and
admstrative costs and expenses, includig attorneys' fees.
16. Retention of Jurisdiction. Notwithstadig any other provision of

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ths

Agreement, the Cour shal retain jursdiction for the purose of enforcing the Pares'
obligations under ths Agreement and for resolving disputes in accordace with Paragraph 12

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of ths Agreement.

For Plaintiffs Crane Co. and Unidynamics/Phoenix, Inc.:

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~fnttr
Two Nort Centrl Avenue Staord, CT 06902

Vice President, General Counel and Secreta 100 First Staford Place

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Telephone 203.363.7223

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Telecopier 203-363-7350 adupont~craneco.com

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Dated: k ZI 2006

/

Kl ATRICK & LoCKHT NICHOLSON

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~~/~
¡;

GRA LLP

. Richard W. Hoskig

Paul K. Stockman Henr W. Oliver Building

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535 Smitheld Street Pittsburgh, Pennylvana 15222
Telephone 412.355.8612 Telecopier 412.355.6501

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Case 2:03-cv-02226-ROS

rhoskig~k1g.com

Dated: ~ -2 2006
Document 83-2 Filed 07/26/2006 Page 12 of 16

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For Defendants United States of America et al:

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SUE ELLEN WOOLDRIGE ASSISTANT ATTORNY GENERA

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By:7~C,~
Michael C. Augusti, Trial Attorney
Paul D. Tanaka, Trial Attorney Environmenta Defense Section Environment and Natual Resources Division

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United States Deparent of Justice
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P.O. Box 23986
Washigton, D.C. 20026-3986

Telephone 202.616.6519

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Telecopier 202.514.8865 Michael.Augustin~usdoj .gov PauL. Tanak~usdoj .gov

Dated: .J vt (f ? i- .. 2006
PAUL K. CHATON
UNITED STATES ATTORNY

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Richard G. Patrck
Assistat United States Attorney

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Two Renaissance Square 40 Nort Central, Suite 1200
Phoeni, AZ 85004-4408

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Case 2:03-cv-02226-ROS Document 83-2 Filed 07/26/2006 Page 13 of 16

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1

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ORDER
UPON CONSIDERATION OF THE FOREGOING, the Cour hereby finds that

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ths Agreement and its appendi constitute the final, complete, and exclusive agreement and
understadig among the pares with respect to the settlement embodied in the Agreement.

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The pares acmowledge that there are no representations, agreements or understadigs
relatig to the settlement other than those expressly contained in the Agreement; and

The Cour fuer finds the term of the Agreement to be fai and reasonable,
both procedurally and substatively, consistent with applicable law, in good faith, and in the

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public interest.

Upon approval and entr of ths Agreement by the Cour, ths Agreement shall
constitute a finaljudgment between and among the United States and the Plaintiffs. The

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Cour fids that there is no just reason for delay and therefore enters this judgment as a final
judgment under Fed. R. Civ. P. 54 and 58. The foregoing Agreement is hereby APPROVED

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and ENTERED as an Order of the Cour.

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The Honorable Roslyn O. Silver United States Distrct Judge
Dated:

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2006

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Case 2:03-cv-02226-ROS Document 83-2 Filed 07/26/2006 Page 14 of 16

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APPENDIX A

Case 2:03-cv-02226-ROS

Document 83-2

Filed 07/26/2006

Page 15 of 16

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Case 2:03-cv-02226-ROS

Document 83-2

Filed 07/26/2006

Page 16 of 16