7/16/2015: Defendant William Lerch and plaintiff the US have filed an agreed motion to approve the settlement between them. The US originally filed this suit against Lerch, Stephen Pedi, and the Capital Tax Corporation in an attempt to recover response costs under CERCLA. On 8/1/2007, the Court ruled that defendants Lerch and Capital Tax were jointly and severally liable to the US in the amount of $2,681,337.79. Six weeks later, on 9/18/07, the Court entered a CD, pursuant to which defendant Pedi agreed to pay the US $330,000.00. This reduced the amount for which Lerch and Capital Tax were jointly and severally liable. The same day, the Court entered final judgment against Lerch and Capital Tax, jointly and severally, in the amount of $2,351,337.79. In addition, Lerch was liable for a civil fine of $220,100.00 and a penalty of $23,100.00 The parties agree that the amount Lerch currently owes on the judgment is $2,199,791.53. The parties, who have already engaged in significant post judgment enforcement proceedings, have agreed to settle for $350,000.00. Lerch and the government ask the Court to approve their settlement, which would mean Lerch would not be liable for contribution with respect to matters in the settlement.
THIS REFERRAL REQUESTS THAT THE CIVIL ACTION BE TAKEN TO RECOVER COSTS INCURRED AND TO BE INCURRED WHILE PERFORMING A TIME CRITICAL REMOVAL ACTION AT THE SITE AS WELL AS RECOVERING PENALTIES OF PUNITIVE DAMAGES FROM THE DEFENDANTS FOR VIOLATION OF A UNILA