EPA v. Johan March a/k/a Johan March Howard

Case summary

In 1999, the US (on behalf of EPA) commenced a civil action in federal district court in EDNY against the Defendant for recovery of costs incurred in a fund-lead removal action at the Industry Court Superfund site in Suffolk Co., NY. In February 2000, Ms. March filed for Bankruptcy in MD Florida. The US (on behalf of EPA) filed a proof of claim in the bankruptcy in the amount of $166,353.92. Ms. March objected to the claim since it had not been liquidated in that it was only a claim (not a proven debt). Thereafter, a US district court in MDFL granted a motion filed by the US seeking to remove the reference of its claim away from the bankruptcy court (for the purpose of liquidating the amount of the claim so that it could be certified to the bakruptcy court) and also agreed to change the venue for the reference to EDNY. In January 2003, the bankruptcy court confirmed dehtors plan which requires payment of 20 cents on the dollar, payable over 48 months. On April 29, 2003, the bankruptcy court issued an Order Allowing and Disallowing Claims and Ordering Disbursements. This order allowed the US claim in the full amount of the proof of claim.

Defendants (2)

• HEWARD, MARCH JOHAN (AKA)Named in complaint
• MARCH, JOHANNamed in complaintNamed in settlement

Facilities (1)

• INDUSTRY COURT SITE

  171 E. INDUSTRY COURT, DEER PARK, NY, 11729

  Registry ID: 110009302085

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Johan March a/k/a Johan March Howardentered 2003-04-29

  Primary law: CERCLA

Timeline (7 milestones)

• 2000-04-20Referred To Dept Of Justice
• 2000-05-01Enforcement Action Data Entered
• 2000-07-24Complaint Filed With Court
• 2003-04-29Concluded
• 2003-04-29Final Order Entered
• 2003-04-29Final Order Lodged
• 2004-05-11Enforcement Action Closed