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<br /> Levi,the Settling Dry Cleaning Defendants Slid A.A..Mederos,were ordered d parlielpa d In
<br /> Investigating•monlleng,and testing the hazardous substance coblam'-Mtlon at and emanating from
<br /> Lincoln Center,and to then prepare a proposiod remedial action Wan r 'ant with the National Oil and
<br /> HazardousSubslanees Pollution Contingency Plan('NCP')pmmrulgas,,,,the U.S.Environmental [
<br /> . Piolecatin Agency.W)IIWut Impinging upon the oblgalcns d the Permanent Injunction,the proposed u
<br /> First Final Consent Decree requires that the tattling Dry Cleaning Defendants implement,jointly and It-` Record
<br /> severally at their sole cost,all actions necessary to comply with any governmental requirements
<br /> imposed by any valid means to allow lot the selection,approval,and completion of a final remedial
<br /> action,and any necessary li larks famoval,n lug compliance with the Comprehensive Environmental Monday/
<br /> Response.Compensation,and Liability Act of 1980,42 U.S.C. 66 9601-9675,as amended by the June 13 1994 O
<br /> Superfund Amendments and Reauthorization Act of 1986,Pub.L.99 ,
<br /> 499,100 Slat.1613('CERCLA"),
<br /> and conaislant with the NCP in order to prevent of minimize the release of hazardous substances so that
<br /> i' they do not cause substantial danger to present of future pudic health,welfare or the envlronmeM.As -
<br /> proposed.the court would find and older that all costs incurred,or to be Incurred,performing the
<br /> achvlllos or walk authorized or required pursuant to the First Final Consent Decree or any order issued
<br /> or Wan adopted pursuant to It are and shall be considered to be necessary and consistent,or not
<br /> Inconsistent,lights
<br /> whit aNCR diangs Sealing Dry Cleaning DefendantshavetoPassign incololthekdafivalid. IN THE UNITED STATES DISTRICT COURT
<br /> .tlghU end Claims pd6ing our of the contamination at Lincoln Canter to Plaintiff Lincoln Propadlea,Ltd.
<br /> Defendant the County of San Joaquin,California,shall cooperate with the work performed by the '
<br /> Sealing Ory Clearing Defendants onsidaccordance
<br /> ration of
<br /> leaden totaling
<br /> the Fust Final Consent Doer",and FOR THE EASTERN DISTRICT OF CALIFORNIA
<br /> •null use On beet snarls lel expedite consideration d issues relating m cath work.Except as expressly
<br /> provided In the Full Final Console Decree,the Plaintiff Lincoln Properties.Ltd.,Delendunl County of
<br /> :San Joaquin,Calgofnla,'and Ilia Senting Dry Cleaning Dpfentlauls shag mutually release one another, No. CIV-S-91-760 DFL(GGH)
<br /> I.,n ang ihek respeepvp legal successors and assigns,Ir all past•present and future clalma,whether
<br /> known or unknownLincoln Properties,and whether direct or In contribution,which were brought or which could have been 7 Ltd.
<br /> ' brought In Iola Acton,and which area from or are related to the allegations In this Action.The First Final NOTICE OF PROPOSED SETTLEMENTS,
<br /> •CoConsentDgefee shall pot be laminated until appropdole court order affects the same. Yc s LODGING OF CONSENT DECREES,AND
<br /> b.Defendant A.A.:Madame.Is also bound by the coun'6 Permanent Injunction entered on August 16, OPPORTUNITY TO COMMENT ON
<br /> 1993,, which Is described In more detail above In paragraph 6.a.Further,under the terms of Iha Ironman Higgins, eta)
<br /> 4 ,proposed Second Final Consent Decree,Defendant A.A..Mallards,will pay the sum of Five Thousand - PROPOSED SETTLEMENTS
<br /> Dollars($5,00000)to Plaintiff Lincoln Properties,Lid.In consideration Ihareol,Plaintiff Uncoln
<br /> Properties,Ltd.,will dismiss as to Defendant A.A..Mederos,a lawsuit pending In San Joaquin County TO:ALL PERSONS WHO HAVE AN INTEREST IN,OR MAY HAVE POTENTIAL
<br /> (r'i Superior Court entitled I inc96rPlbpadle2_L1d.X,&U juatumnse G9mpany.el.aL.Case No.236274. LIABILITY RESULTING FROM,THE SOIL AND GROUND WATER
<br />.7Furthi f.Plamllff Lincoln Properties.Ltd.,and Delendenl R.A..Madame,except as expressly provided In i CONTAMINATION THAT EXISTS AT AND IN THE VICINITY OF THE
<br /> t the Second Final Consent Decree,shall each release the other Iron various claims presented,or which
<br /> could hays boon presented In the Action.Except as expressly provided in the Second Final Consent LINCOLN VILLAGE SHOPPING CENTER IN SAN JOAQUIN COUNTY,
<br /> Decree,Defendant A.A..Modems,will release the County of Sen Joaquin,and the Sealing Dry CALIFORNIA NEAR STOCKTON:THIS NOTICE CONTAINS IMPORTANT
<br /> '.,rCleaning Defendants,and their respective successors and assigns from all past,piesent and future INFORMATION THAT MAY AFFECT YOUR RIGHTS.PLEASE HEAD IT
<br /> claims,whether known or unknown,and whether daact or in contraction,which ware brought or which CAREFULLY.The purpose of this Notice Is to advise you that:
<br /> could nave boon brought n Ihls Action•and which arise from a ate totaled to the allegallons of ala P P
<br /> Action. . . I
<br /> c.Paiagr phe 6.8.and 6.b.above are a summary of the terms of the two proposed Consent Decrees.Said Two proposed settlements In the above-raterenced lawsuit((he"Action")discussed below
<br /> suminadas are nal intended to be all Inclusive.The terms of the proposed settlements are fully pet forth may affect your rights.-
<br /> , - In the First Final and Second Final Consent Decrees lodged with the court,a copy of which may be
<br /> obtained from the Lincdn Propenes Litigation Pudic Document Depository Managed in paragraph 6, 1.The Settling Parties:
<br /> '
<br /> above,or upon written,re9upst to Plaintiff's counsel listed below.
<br /> Possible Effects of Settlement Upon Persons or Entities Not Parties to The Litigation• a.Tire first of the two proposed settlements Is between and among Plaintiff Lincoln Properties.Ltd.,a
<br /> California Limited Partnership;Defendant,the County of San Joaquin,California;and the renewing
<br /> 7.The two proposed Consent Decrees hnally resolve the Action between Plainidl Lincoln Properties,fid.,the Defendants who are collectively totalled to in this Notice as ine'Soa6ng Dry Cleaning Defendants':Jack
<br /> County of Sen Joaquin,the Settling Dry Cleaning DelenAants,and Defendant A.A.,Mederos.The two Alqulal,individually and doing business as Lincoln Village Cleaners,formerly doing business as Village
<br /> proposed Consent Decrees•however,may aXnt
<br /> ecl sae or ail of the rights and claims of persons with an Cleaners and Lincoln Village Cleaners,Inc.;Ilia Estate of Dwight Alqulst,daceasod;Motif"H.Hass.
<br /> Interest In or potential lability resulting from Ilia Action,the conlammatwn al and In the vicinity of Lincoln Jr.,Individually and doing business as Finest Care Cleaners,fofmurly doing business as Lincoln Center
<br /> Career,Of the parties Involved in the senlements.The seed,of the two proposed Consent Decrees.If One-Hour Martimzing;Bennie Hein,Individually and doing business as Norge Cleaners,lormerly doing
<br /> approved end an Bred by the court,would include,but ae not necessary,limited to.creation of a business as Norge Cleaning Village;Bonnie Crosby.Indivdually and doing business as Norge Cleaners,
<br /> 'conblbulion bat'whicb would prevent any persons from asserting any claims Ion all costs and damages lumierly doing busmess as Norge Cleaning Village;James A.Murray,Jr.,individually and doing business
<br /> covered by these settlements,specifically including cloamup costs incurred and yet to be incurred,In whole as Finest Qara Cleaners.formerly doing business as Lincoln Center One-Hour Mannlzing;Jeanne
<br /> or In part,as a result of ilia contamination at and In ilia vionay of Lincoln Candi against Plaintiff Lincoln Hass,individuality and doing bueaass as Finest Care Cleaners,formerly doing business as Lincoln
<br /> Pmopenies,Lid..the County of San Joaquin,the Sealing Dry Cleaning Delendante,of Defendant A.A. Canter One-Hour Maamiz ng;and Wilbert Moser,indwlduaily and doing business as Lincoln Vlaage
<br /> Mederos.Such persona should evaluate these settlements.consider I11011 polemist impact on their rights. Cleaners;add
<br /> and take whatever action they deem appropriate. '
<br /> Comments on Proposed Consent Decrees ItThe second of the two proposed aenlements is between and among Plaintiff Lincoln Properties,Ltd.,
<br /> and Defendant A.A.,Mallards.
<br /> 8.Persona Interested are Invited to submit written comments on either of the two proposed Consent Decree$
<br /> pr consderaiion by 9a patties and the court.Any comments or objections from the public regarding[tie
<br /> proposed settlements and Consent Decrees must be in wrong and received by counsel for Plaintiff Lincoln Description of the Action
<br /> Properties,Lid.,no later than July 18,1994.To be considered,such written comments or objections must -
<br /> be maned to Plaintiff's pounsel listed below.All comments of objections received will be provided to gin 2.There Is now pending in the United States Disblol Court for the Eastern District of California,located in
<br /> court together with the lesponees.II any,of Lincoln Properties.Lid.,the County of San Joaquin.ilia Sacramento,a lawsuit entitled Lim9la Pimealas..Lid.._m._fbQm"AiL,Casa No.CIV-5.91-760 DFL
<br /> Sealing Dry Cleaning Defendants of A.A..Maderoe. (GGH),in which the Plaintiff Lincoln Properties,Lid.,is seeking recovery of response costs,damages,and
<br /> 9.Atter the close of ilia appropriate odic comment period Plaintiff Lincoln Properties,Ld.,end all declaratory and njunativo fella[,against a number of patties alleged to be liable lot toxic solvent
<br /> PPirate oP P contamination of the loll and ground waist at and in the vicinity of Lincoln Village Snoppmg Center
<br /> Defendants will move the court to approve and enter the proposed First Final Consent Deer"and Second ("Lincoln Cental),a shopping center owned by Plaintiff Lincoln Properties,Lid.and localad In San Joaqun
<br /> Final Coneani Decree as final oilers W the court.A hearing on whether the Proposed settlements and County.Celilorma,near Stockton.The Plaintiff alleges and the court ties found that the source of the
<br /> Consent Decrees Should be finally approved may be set by the clerk of the United States District Court, contamination Included the operation of three dry cleaning establishments which are of wore located at
<br /> Eastern D1e111Ca d Celifornla,to be held In the Courtroom of the Honorable David E Levl,locafod at the Lincoln Center.Various parties to the Action have filed counterclaims and cross-claims seeking Bred
<br /> United Slates Dlstricl Court.650 Capitol Mall,Sacramento,California. recovery of costs,contribution and other forms of relief.The County of San Joaquin also has filed claims
<br /> Dated this @th day of,June,1994 seeking to tecodar costs incurred and to be Incurred responding to the contamination.
<br /> Michael C.Donovan,Esq. This Is a summary of the claims and facts asserted by the Plaintiff and Is not intended to be all-inclusive.
<br /> HOPKINS&CARLEY The claims end tactual dlegauons are more fully sat forth in the Corrected First Amended Complaint tiled
<br /> with the court•which may be obtained born the Clerk of the Court or by written request lel Plaintiff's
<br /> A Lew Corporation counsel listed below.
<br /> 150 Almaden Blvd.,Suite 1500 The Proposed Settlements
<br /> San Jose,CA 95113-2089
<br /> Telephone:(408)286-9800 3.e A proposed ,ICalmanl.anti Ilia
<br /> reached Dry
<br /> Plaintiff Llncdn Propedams.tine,Ltd.,and Defendant County of
<br /> Facsimile-(408)998-4790 San Joaquin,Caleefn(S.and the Senting ply n eaningreached
<br /> Defendants.
<br /> Plaintiff
<br /> Attorneys for Plaintiff Lincoln Properties,Ltd. b.A landane proposed eealemenl also hes poen feacndd by Pletnuff Lincoln Properties.Ltd.,and
<br /> y � pelentlant A.A..Mederos.
<br /> Costs of docurpents produced by plaintiff's counsel: 4orThe proposed sdmements would finally reeobe various claims between Plaintiff Lincoln Properties.Lid,
<br /> 1.Corrected First Amended Complaint-Eighteen Dollars($18.00)per copy.Exhibits I , ori Defendant county of San tlop9Wn,California,and the Sealing Dry Glennmg Detendanls,and between
<br /> copied and charged for separately t Plaintiff Lincoln Properties•Lfd:,End Defendant A.A..Mederos,which arlsg pal of the comamination al
<br /> 2.First Final Consent Decree-Fifteen Dollars($15.00)per copy. and omanaorip lipm Lincglq Anatol.The proposed settlements do not finally resolve the Action as to other
<br /> 3.Second Final Consent Decree Six Dollars($6.00)per copy., paras.bin they may affect the fights of ahem persons whether or not they are parties to the Action.
<br /> 5.Tho Ienns al the proposed settlements are set forth in full in the Foal Final Consent Ducree.Order.
<br /> Judgrpent and R$letonce to Special Masler(Between Plaintiff Lincoln Properties.Ltd..Defendant County
<br /> of San Joaquin.California,and the Sealing Dry Cleaning Defendants)dh6'Fust Final Consent Deereti)
<br /> and in the Second Final Gonsonl Decreer,Order and Final Judgment a61wean Plakmil[Lincoln Properties.
<br /> Lid.and Dalendure A.A..Mederos)(Tito`Second Final Consent Decree)which were lodged with the
<br /> court on June Q,1994.Copies of ma proposed First Final Consent Decree and Second Final Consent
<br /> Deerea(rhe-Consent Decrees")are available lot revlaw,and copying al the Lincoln Properties Liugatron
<br /> PuWle Document Depository at the Stocklon Public Library•Margaret Klausner Tooke Branch,502 W.
<br /> Benjamin Hull Drive,Stockton.California.A copy of either proposed Consent Decree can also be oblaned
<br /> upon wfinan request to Plaintiff's counsel listed below.
<br /> COMMITMENTS OFTHE SETTLING PARTIES
<br /> 6.'a,Pursuant to Iht Pe!menent Injunction filed on August 1Q,1993 by United Slates District Judge David F.
<br /> Levi,the Settling Dry Cleaning Defendants and A.A..Mederos were ordered to participate In
<br /> Investigating,monitorlgg,and testing the hazardous Substance contamination at and emanating boom
<br /> Lincoln Cenlef,and 19 than preppie a proposed remedial action plan consisleat with the National Oil and
<br />
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