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11-084 - Wilson Road Development Corporation et al v. Fronabarger Concreters, Inc. et al


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11-084 - Wilson Road Development Corporation et al v. Fronabarger Concreters, Inc. et al
September 11, 2013
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MEMORANDUM AND ORDER re:115 MOTION to Strike Declarations filed by Defendant Fronabarger Concreters, Inc., 87 MOTION for Summary Judgment filed by Defendant Union Electric Company, Defendant Citizens Electric Corporation, 120 MOTION to Strike 88 Statement of Material Facts, Affidavit of Van Robinson and Supporting Memorandum of Law filed by Plaintiff Brenda K. Dumey, Plaintiff Daniel E. Dumey, Plaintiff Wilson Road Development Corporation, 83 MOTION in Limine MOTION to Compel filed by Defendant Union Electric Company, Defendant Citizens Electric Corporation, 91 MOTION for Summary Judgment Against Plaintiffs filed by Defendant Fronabarger Concreters, Inc., 128 MOTION to Strike 114 Memorandum, Declaration of Warren Mueller filed March 1, 2013 filed by Plaintiff Brenda K. Dumey, Plaintiff Daniel E. Dumey, Plaintiff Wilson Road Development Corporation, 119 MOTION to Strike 88 Statement of Material Facts, Affidavit of Warren Mueller and Supporting Memorandum of Law filed by Plaintiff Brenda K. Dumey, Plaintiff Daniel E. Dumey, Plaintiff Wilson Road Development Corporation, 111 MOTION to Strike the Declarations of Felix W. Flechas and Fred J. Burnside filed by Defendant Union Electric Company, Defendant Citizens Electric Corporation. IT IS HEREBY ORDERED that the motion in limine of defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Corporation [Doc. #83] is granted. IT IS FURTHER ORDERED that the motion of defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Corporation and the motion of defendant Fronabarger Concreters, Inc. to strike the declarations of Felix Flechas and Fred Burnside [Doc. # 111 and # 115] are denied. IT IS FURTHER ORDERED that plaintiffs' motion to strike the affidavit of Warren Mueller [Doc. # 119] is denied.IT IS FURTHER ORDERED that plaintiffs' motion to strike the affidavit of VanRobinson [Doc. #120] is denied. IT IS FURTHER ORDERED that plaintiffs' motion to strike the declaration of Warren Mueller [Doc. #128] is denied. IT IS FURTHER ORDERED that the motion for summary judgment of defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Corporation [Doc. # 87] is granted only as to plaintiffs claims in Counts V-VIII and as to plaintiffs' claim for attorneys' fees under CERLCA. The defendants' motion forsummary judgment is denied in all other respects. IT IS FURTHER ORDERED that the motion for summary judgment of defendant Fronabarger Concreters, Inc. [Doc. #92] is granted as to plaintiffs' claim of strict liability (Count VIII) and as to plaintiffs' claims for attorneys' fees under CERCLA and state law. The motion for summary judgment is denied in all other respects. IT IS FURTHER ORDERED that Count I of the counterclaim of defendant Fronabarger Concreters, Inc. for declaratory judgment under 42 U.S.C. ยง9613(g)(2)(B) is dismissed for failure to state a claim. IT IS FURTHER ORDERED that the state law claims of plaintiff Wilson Road Development Corporation are dismissed for lack of standing. At the conclusion of this case, summary judgment will be entered in favor of the appropriate parties as set forth above. Signed by District Judge Carol E. Jackson on 9/11/13. (CSG)
July 28, 2014
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MEMORANDUM AND ORDER re:149 MOTION to Sever Defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Motion for Separate Trial under Rules 20(b) and 42(b) and Motion to Sever under Rule 21 filed by Defendant Union Electric Company, Defendant Citizens Electric Corporation. IT IS HEREBY ORDERED that the motion of defendants Union Electric Company d/b/a AmerenMissouri and Citizens Electric Corporation for separate trial andto sever [Doc. #149] is granted. IT IS FURTHER ORDERED that the claims against defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Corporation are severed from the trial that is scheduled to commence on August 18, 2014 in the Southeastern Division. A trial date for the severed claims will be established by separate order. Signed by District Judge Carol E. Jackson on 7/28/14. (CSG)
August 12, 2014
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MEMORANDUM AND ORDER re:216 MOTION to Continue TRIAL DATE OR, ALTERNATIVELY, MOTION TO SEVER CERCLA CLAIMS BY AND AGAINST FRONABARGER CONCRETERS, INC. filed by Defendant Fronabarger Concreters, Inc. motion is Granted in Part and Denied in Part. IT IS HEREBY ORDERED that the motion of defendant Fronabarger Concreters, Inc., to continue the trial date or, alternatively, to sever claims [Doc. # 216] is granted in part and denied in part. IT IS FURTHER ORDERED that the CERCLA claims, counterclaims andcrossclaims asserted by and between all parties in this action are severed from the common law claims against defendant Fronabarger Concreters, Inc.IT IS FURTHER ORDERED that the common law claims against defendant Fronabarger Concreters, Inc., remain set for trial on August 18, 2014, in the Southeastern Division. Signed by District Judge Carol E. Jackson on 8/12/14. (CSG)
January 21, 2015
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MEMORANDUM AND ORDER re:181 MOTION for Protective Order and to Strike Dale Guariglia, Esq. from Plaintiffs' Witness List filed by Defendant Fronabarger Concreters, Inc. IT IS HEREBY ORDERED that defendant's motion to strike Dale Guariglia from plaintiffs' witness list and for a protective order [Doc. #181] is granted. IT IS FURTHER ORDERED that plaintiffs are prohibited from calling Dale Guariglia as a witness at trial. Signed by District Judge Carol E. Jackson on 1/21/15. (CSG)
January 21, 2015
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MEMORANDUM AND ORDER re:179 MOTION to Strike 28 of the Witnesses on Plaintiffs' Witness List That Were Not Disclosed During Discovery filed by Defendant Fronabarger Concreters, Inc. IT IS HEREBY ORDERED that defendant's motion to strike twenty-eight witnesses from plaintiffs' witness list and for a protective order [Doc. #179] is denied. Signed by District Judge Carol E. Jackson on 1/21/15. (CSG)
July 29, 2015
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MEMORANDUM AND ORDER re:340 MOTION for Leave to File Plaintiffs' First Amended Complaint filed by Plaintiff Brenda K. Dumey, Plaintiff Daniel E. Dumey, Plaintiff Wilson Road Development Corporation; motion is DENIED. IT IS HEREBY ORDERED that plaintiffs' motion for leave to amend the complaint [Doc. #340] is denied. Signed by District Judge Carol E. Jackson on 7/29/15. (CSG)
September 16, 2016
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MEMORANDUM: For the reasons discussed above, the Court finds in favor of the utility defendants on plaintiffs' CERCLA claims. The Court further finds in favor of plaintiffs on the utility defendants' counterclaims.A judgment consistent with this Memorandum will be filed separately. Signed by District Judge Carol E. Jackson on 9/16/16. (CSG)
January 17, 2017
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MEMORANDUM AND ORDER re:407 MOTION to Alter Judgment Or Amend Judgment filed by Plaintiff Brenda K. Dumey, Plaintiff Daniel E. Dumey, Plaintiff Wilson Road Development Corporation. IT IS HEREBY ORDERED that the movant's motion to alter or amend the judgment [Doc. # 407] is denied. Signed by District Judge Carol E. Jackson on 1/17/17. (CSG)