Case 6:06-cv-00031-NKM Document 209 Filed 12/04/09 Page 1of 4 Pageid#: 1625

Cl.ENC'8 OFFICE U.S. DIIT. COURT

AT LVA

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.
SAVOY SENIOR HOUSING
CORPORATION, et al.,
Defendants.

DEC U 4 2009

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Civil Action No. 6:06-cv-0003 (nkm)

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STIPULATION AND ORDER TO

DISBURSE FUNDS FROM THE
REGISTRY OF THE COURT

WHEREAS, the claims in this case have been resolved by a Consent Decree entered by
the Court on March 3, 2009;
WHEREAS, Liberty Ridge, LLC, is performing the Restoration Project required by the
Consent Decree;
WHEREAS, Paragraph 23(e) of the Consent Decree provides for reimbursement of
Liberty Ridge, LLC's costs in performing the Restoration Project, with such reimbursement to be
made from funds placed into the Registry of the Court by Defendants pursuant to the Consent
Decree;
WHEREAS, the Environmental Protection Agency has, in accordance with the Consent
Decree, reviewed the most recent request for reimbursement by Liberty Ridge, LLC, and has no
objection; and
WHEREAS, pursuant to Paragraph 27 of the Consent Decree, the Parties have stipulated
to the filing of this Stipulation and Order;

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THEREFORE, IT IS HEREBY ORDERED that the Financial Unit of the Clerk's Office
shall make a payment of $101,517.10 to Liberty Ridge, LLC, from funds deposited in the
Registry of the Court in this matter; and
IT IS FURTHER ORDERED that the Financial Unit of the Clerk's Office shall send the
payment to Jerry L. Falwell, Jr., Liberty Ridge, LLC, at 1971 University Blvd, Lynchburg,
Virginia 24502; and
IT IS FURTHER ORDERED that the sum of money remaining after the payment
required by this Order shall remain on deposit in the Registry of the Court until such time as the
Court issues an order directing the further disposition of funds, in whole or in part, pursuant

to

the Consent Decree; and

IT IS FURTHER ORDERED that the Clerk shall provide a copy of this Order to the
Financial Unit.

SO ORDERED THIS 4th DAY OF DEC 2009.

United States District Court Judge

Respectfully submitted by:

IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
JULIA C. DUDLEY
United States Attorney
Western District of Virginia

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Case 6:06-cv-00031-NKM Document 209 Filed 12/04/09 Page 3 of 4

/s/ Kenneth C. Amaditz

KENNETH C. AMADITZ
DAYID J. KAPLAN
Trial Attorneys
U.S. Department of Justice
Environment and Natural Resources Division
Environmental Defense Section
P.O. Box 23986
Washington, DC 20026-3986
(202) 514-3698/0997
(202) 5 I 4-8865 (fax)
THOMAS L. ECKERT, VSB #18781
Assistant United States Attorney
P.O. Box 1709
Roanoke, VA 24008
(540) 857-2250
(540) 857-2283 (fax)
OF COUNSEL:
PAMELA LAZOS
Senior Assistant Regional Counsel
U.S. EPA Region III
1650 Arch St.
Philadelphia, PA 19103-2029

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Certificate of Service
I, Kenneth C. Amaditz, certify that I transmitted the foregoing document through
the Court's CM/ECF system by electronic fil ing on December 3, 2009.
Also on December 3, 2009, a true and correct copy of the foregoing was served by
electronic and first-class mail on the following:
David C. Wrobel
Wrobel & Schatz
1040 Avenue of the Americas
11th Floor
New York, NY 10018-3703
wrobel@wandslaw.com
Jacob A. Frydman
One Dag Hammarskjold Plaza
885 Second Ave., 34th Floor
New York, NY 10017
JF@LambdaStar.com
A. Peter Brodell
Williams Mullen
1021 East Cary Street - 17th Floor
P.O. Box 1320
Richmond, Virginia 23218-1320
pbrodell@williamsmullen.com

Isl Kenneth C. Amaditz