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privy to the basis for the payment of past sums or future costs <br /> associated with the investigation and remediation of Lincoln <br /> Center. Likewise, to the Equipment Manufacturers' knowledge, <br /> this Court has not been advised of the monetary scheme that <br /> allocates responsibility among the Settling Parties. Absent this <br /> vital information, this Court cannot, as a matter of law, find <br /> that the settlement reflected in the terms of the Consent Decree <br /> is in good faith. Specifically <br /> • The total amount of the settlement has not been <br /> made available; <br /> • Neither the Settling Dry Cleaning Defendants ' <br /> proportionate liability (fault) nor the amount (or percentage) <br /> that each of the settling defendants is paying for the cleanup of <br /> the Site has been disclosed. All the Equipment Manufacturers and <br /> this Court know is that collectively the Settling Dry Cleaning <br /> Defendants are agreeing to implement and fund the remedy. At <br /> present, there is no basis for either the Court or the Settling <br /> Dry Cleaning Defendant to determine, whether all Settling Dry <br /> Cleaning Defendants are paying a pro rata share of the cleanup <br /> costs. <br /> • In addition to the allocation of liability among <br /> Settling Defendants, an allocation must also be made among the <br /> various CERCLA claims, RCRA claims and state law claims for the <br /> costs that the Settling Defendants are reimbursing Plaintiff LPL. <br /> This allocation is necessary to analyze the recoverability of <br /> attorneys ' fees and to take into account the fact that one of the <br /> LA\16207\031\5000MDCG.002 <br /> -13- <br />