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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

GARRISON SOUTHFIELD

PARK LLC, 

 

Plaintiff, Case No. 2:17-cv-783 

 JUDGE EDMUND A. SARGUS, JR.

v. Magistrate Judge Elizabeth P. Deavers 

 

CLOSED LOOP REFINING

AND RECOVERY, INC., et al., 

Defendants. 

OLYMBEC USA LLC, 

 

Plaintiff, Case No. 2:19-cv-1041 

 JUDGE EDMUND A. SARGUS, JR.

v. Magistrate Judge Elizabeth P. Deavers 

 

CLOSED LOOP REFINING

AND RECOVERY, INC., et al., 

Defendants. 

ORDER APPROVING SETTLEMENT AGREEMENT WITH DEFENDANTS IMS 

ELECTRONICS RECYCLING, INC., AND DELL INC.

This matter is before the Court on Plaintiff Garrison Southfield Park LLC and Plaintiff 

Olymbec USA LLC’s (together, the “Plaintiffs”) Motion for Approval of Settlement Agreements

with Defendant IMS Electronics Recycling, Inc. (“IMS”), and Defendant Dell Inc. (“Dell,” along 

with IMS referred to as the “Defendants” or “Settlors”) (Garrison ECF No. 856; Olymbec ECF 

No. 713). The motion is unopposed. For good cause shown, the motion is GRANTED and the 

following are hereby ordered: 

1. The Settlement Agreements between Plaintiffs and Defendants (“Settlement 

Agreements”), attached to the Motion as Exhibit A, is approved, and the terms and conditions of 

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the Settlement Agreement are hereby incorporated by reference into this Order as if fully restated 

herein.

2. Except for the exceptions stated in the Settlement Agreement and for claims for 

express breach of contract and contractual indemnification, all claims asserted, to be asserted, or 

which could be asserted against Defendants by persons who are defendants or third-party 

defendants in this case (whether by crossclaim or otherwise) or by any other person or entity 

(except the U.S. Environmental Protection Agency (“U.S. EPA”), the United States acting on U.S. 

EPA’s behalf, the Ohio Environmental Protection Agency (“Ohio EPA”), and the State of Ohio 

acting on Ohio EPA’s behalf) in connection with the presence, generation, transportation, storage, 

treatment, disposal, abandonment, release, threatened release, removal, remediation, monitoring, 

or engineering control of electronic waste at, to or migrating from Garrison’s property located at 

1675 Watkins Road in Columbus, Ohio, Garrison’s former property located at 1655 Watkins Road 

in Columbus, Ohio, and Olymbec’s property located at 2200 Fairwood Avenue in Columbus, Ohio 

under Sections 107 or 113 of the Comprehensive Environmental Response, Compensation and 

Liability Act of 1980, as amended, 42 U.S.C. § 9607 and § 9613, and/or any other federal, state or

local statute, regulation, rule, ordinance, law, contract, common law, or any other legal theory are 

hereby discharged, barred, permanently enjoined, dismissed with prejudice, satisfied, and are 

otherwise unenforceable in this case or in any other proceeding.

4. The payments by Defendants to 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 remaining liable parties shall 

accordingly be reduced by the dollar amount of Defendants’ settlement payments, and the Court 

need not determine Defendants’ proportionate share of liability.

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5. It appearing that no crossclaims for express breach of contract and contractual 

indemnification have been asserted against the Defendants, they are dismissed from this lawsuit. 

6. This Order shall have the full force and effect of a final judgment under Fed. R. 

Civ. P. 54 and 58. This Court nevertheless retains jurisdiction after entry of final judgment to 

enforce the terms and conditions of the Settlement Agreements. 

This case remains open. 

IT IS SO ORDERED.

12/5/2022 s/Edmund A. Sargus, Jr. 

DATE EDMUND A. SARGUS, JR.

 UNITED STATES DISTRICT JUDGE

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