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Britz Fertilizers, Inc. v. Bayer Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


October 7, 2010

BRITZ FERTILIZERS, INC. PLAINTIFF,
v.
BAYER CORPORATION; BAYER CROPSCIENCE, LP; DEFENDANTS

The opinion of the court was delivered by: Judge Hon. Oliver W. Wanger

ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH, AND BARRING CLAIMS FOR CONTRIBUTION AND INDEMNITY DATE: September 27, 2010 TIME: 10:00 a.m. CTRM: 3

The joint motion of Plaintiff, Britz Fertilizers, Inc., and defendants, Bayer Corporation and Bayer CropScience, LP, for determination of good faith settlement and for an order barring claims against settling defendants Bayer Corporation and Bayer CropScience, LP, for contribution or indemnity by the Noticed Non-Parties to this action (as listed below) came on for hearing by the Court on September 27, 2010.

Frame & Matsumoto, by Ted R. Frame, appeared for the plaintiff. Clifford & Brown, by T. Mark Smith, appeared for the defendants.

All of the documents associated with the motion were filed under seal.

The Court, having considered the motion, having considered the arguments of counsel, and having filed its Memorandum Decision, and good cause appearing therefor, makes the following findings and orders.

The Court finds that notice of the hearing and copies of all the sealed documents were properly served in a timely manner on the following persons, who are the "Noticed Non-Parties" and who are alleged in the motion to be potential joint tortfeasors or co-obligors with defendants Bayer Corporation and Bayer Crop Science:

Theodore W. Hoppe, Esq.,

Individually and as a partner of the former law firm of Cooper and Hoppe Joseph D. Cooper, Sr., Esq., as a partner of the former law firm of Cooper and Hoppe James W. Rushford, Esq., individually and as a partner of the law firm of Rushford and Bonotto Phillip R. Bonotto, Esq., as a partner of the law firm of Rushford & Bonotto Rushford & Bonotto Phillip H. Darst

The Court further finds that the settlement between plaintiff and defendants Bayer Corporation and Bayer CropScience, LP, was in good faith and is within the reasonable range of defendants' share of liability for plaintiff's injuries, taking into consideration the facts and circumstances of this case.

IT IS THEREFORE ORDERED that the settlement between plaintiff and defendants Bayer Corporation and Bayer CropScience, LP, is determined to have been made in good faith pursuant to the provisions of California Code of Civil Procedure Sections 877 and 877.6, and that any and all claims or further claims against defendants Bayer Corporation and/or Bayer CropScience, LP, by any of the Noticed Non-Parties above named for contribution or indemnity, including claims for total indemnity, partial indemnity, implied contractual indemnity, and artfully pleaded claims seeking any form of contribution or indemnity in effect are conclusively and forever barred.

IT IS FURTHER ORDERED that plaintiff shall serve this SEALED order on each of the Noticed Non-Parties.

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20101007

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