# OLD DAVIS HOSPITAL AND PINEVILLE TEXTILE MILL
> **Judicial** · FY2019 · — · —
## Case
- **Activity ID:** `3601844228`
- **Case Number:** 04-2019-9002
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- 436 CONE AVENUE, LLC (complaint) (settlement)
- F.D. GODLEY NUMBER THREE, LLC (complaint) (settlement)
- FRED D. GODLEY, JR. (complaint) (settlement)
- MITCHELL COMMUNITY COLLEGE (settlement)
- MITCHELL COMMUNITY COLLEGE FOUNDATION & ENDOWMENT (settlement)
- TOWN OF PINEVILLE (settlement)
## Summary

AUGUST 5, 2022 - CONSENT DECREE: The United States District Court for the Western District of North Carolina entered a Consent Decree for the Old Davis Hospital Superfund Site located in Statesville, Iredell County, North Carolina and the Pineville Textile Mill Superfund Site located in Pineville, Mecklenburg County, North Carolina, on August 5, 2022. The defendants are Fred D. Godley, Jr., individually, 436 Cone Avenue, LLC, and F.D. Godley Number Three, LLC. The United States alleged that 436 Cone Avenue, LLC, and F.D. Godley Number Three, LLC were liable under CERCLA Section 107(a)(2) as former owners and operators of the Pineville Site and the Old Davis Site, respectively, and that Fred D. Godley, Jr., was both directly liable under CERCLA Section 107(a)(2) as a former operator of the Sites and derivatively liable under a veil-piercing theory for the companies? CERCLA liability. The action was brought for the recovery of past removal response costs incurred by the U.S. Environmental Protection Agency at both Sites to address releases and the threat of release of asbestos from improper demolition activities and the threat of release of polychlorinated biphenyls (PCBs) from drums at the Sites, which were owned and operated by the defendants. In its November 10, 2021, summary judgment order the Court found 436 Cone Ave, LLC and F.D. Godley Number Three, LLC liable as former owners of their respective Sites. Following a jury trial, from January 3 to January 5, 2022, the jury 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*