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11-864 - ASARCO LLC v. NL Industries, Inc. et al


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11-864 - ASARCO LLC v. NL Industries, Inc. et al
September 28, 2012
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Anschutz Mining Corporation's Motion to Dismiss Plaintiff's Second Amended Complaint 80 is DENIED. Signed by District Judge John A. Ross on 9/28/12. (LAH)
December 27, 2012
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant/Counterclaimant Delta Asphalt, Inc.'s Motion for Leave to File Memorandum in Opposition to Plaintiff's Supplemental Authority Regarding Summary Judgment Briefing 134 is GRANTED. No further briefing will be allowed. Signed by District Judge John A. Ross on 12/27/12. (LAH)
March 11, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant NL Industries, Inc.s Request for Oral Argument 93 is DENIED as moot. IT IS FURTHER ORDERED that Defendant NL Industries, Inc.s Motion to Stay 90, Defendant SFCECs Motion to Stay 107, and Defendant Delta Asphalt, Inc.s Motion to Stay 110 are GRANTED in part. This matter shall be stayed with respect to any apportionment or damages determination until further order of the Court. IT IS FURTHER ORDERED that Defendant NL Industries, Inc.s Motion for Summary Judgment 98, Defendant Union Pacific Railroad Companys Motion for Summary Judgment 101, St. Francois County Environmental Corporation (SFCEC)s Motion for Summary Judgment 104, and Defendant Delta Asphalt, Inc.s Motion for Summary Judgment 108 are DENIED without prejudice. IT IS FURTHER ORDERED that the parties shall submit, within twenty (20) days of the date of this Order, a joint proposed scheduling plan for discovery necessary to develop evidence on the issue of liability. Following receipt of the joint proposed scheduling plan, the Court will set a scheduling conference with the parties. IT IS FINALLY ORDERED that the parties shall file a status report on the governments remediation processes within six (6) months from the date of this Order, and every six (6) months thereafter during the pendency of the stay entered herein. Signed by District Judge John A. Ross on 3/11/2013. (RAK)
November 19, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer to resolve any remaining discovery disputes. The Court expects the parties to conduct themselves in a responsible and reasonable manner in addressing the scope of discovery. IT IS FURTHER ORDERED that NL Industries, Inc.'s Motion for Protective Order Regarding the Rule 30(b)(6) Deposition of NL 167 is GRANTED to the extent the deposition scheduled for November 19, 2013 will be rescheduled to a date to be agreed upon by the parties. IT IS FURTHER ORDERED that Asarco's Partially Unopposed Motion to Extend Certain Deadlines in MCMO 179 is GRANTED. The expert disclosure deadline will be extended from December 2, 2013 to January 27, 2014, and the expert deposition deadline will be extended from February 7, 2014 to February 28, 2014. The deadline for completion of Phase I discovery will likewise be extended, from March 7, 2014 to March 28, 2014. IT IS FINALLY ORDERED that the remaining motions [148, 157, 165, 173, 174, 175, 177, 180, 182, 183, 184] are DENIED at this time without prejudice as moot.. Signed by District Judge John A. Ross on 11/19/13. (LGK)
April 22, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Union Pacific's Motion to Compel Deposition Responses 206 is GRANTED in part. IT IS FURTHER ORDERED that Defendant Union Pacific may continue its deposition of Asarco, at Asarco's expense, for a period of time that is reasonable and necessary for Asarco to fully respond on the limited topic of its evaluation and assessment of Union Pacifics potential liability for the SEMO sites as set forth in topic number 8. IT IS FURTHER ORDERED that the motion is DENIED as to the remainder of topic number 8 regarding the extent to which Asarcos evaluation and assessment of Union Pacific's potential liability affected its business decision to accept the SEMO settlement in the bankruptcy proceedings as well as to topics 1-3, 7, 9-18, 20-22, and 24-26. Signed by District Judge John A. Ross on 4/22/14. (ARL)
July 15, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Union Pacific's Motion for Leave to Exceed Page Limitation 217 is GRANTED. IT IS FURTHER ORDERED that Plaintiff Asarco may file a reply no later than Friday, July 25, 2014. Signed by District Judge John A. Ross on 7/15/14. (JWD)
October 1, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that ASARCO shall have thirty (30) days, up to and including October 31, 2014, in which to conduct a Rule 30(b)(6) deposition on the limited issue of Union Pacifics notice of ASARCOs CERCLA contribution claims at the SEMO sites and supplement its response to Union Pacifics motion for summary judgment. IT IS FURTHER ORDERED that Union Pacific shall have fifteen (15) days, up to and including November 15, 2014 to file a reply. Signed by District Judge John A. Ross on 10/1/14. (JWD)
December 10, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Asarco's Motion to Compel Further Rule 30(b)(6) Deposition of Defendant Union Pacific on the Issue of Notice and for Sanctions 291 is DENIED.. Signed by District Judge John A. Ross on 12/10/14. (LGK)
May 22, 2015
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MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that Union Pacific's Motion for Summary Judgment 220 is GRANTED. Judgment on Plaintiff Asarcos Second Amended Complaint is entered in favor of Defendant Union Pacific and against Plaintiff Asarco. IT IS FURTHER ORDERED that Asarco's Motion to Exclude Opinions of Union Pacific's Expert Roy P. Farwell 222 is DENIED. IT IS FURTHER ORDERED that Union Pacific's Motion to Exclude Expert Opinions and Testimony of Asarco's Expert 224 is DENIED. IT IS FURTHER ORDERED that Union Pacific's Motion to Strike the Declarations of Sidney L. Strickland and Gregory Evans 248 is DENIED. IT IS FURTHER ORDERED that Asarco's Motion to Strike New Evidence submitted by Union Pacific in its Summary Judgment Reply Brief 252 is DENIED. IT IS FURTHER ORDERED that Asarco's Motion to Strike Union Pacific's Exhibits and Summaries of Evidence 266 is DENIED. IT IS FURTHER ORDERED that Union Pacific's Motion for Leave to file its Demonstrative Exhibits in advance of the Lone Pine Hearing 272 is GRANTED. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 5/22/15. (JWD)
March 28, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Union Pacific Railroad Companys Motion for Rule 54(b) Certification 323 is GRANTED. IT IS FURTHER ORDERED that final judgment shall be entered with respect to the issues determined in this Courts Memorandum and Order dated May 22, 2015 308 in favor of Defendant Union Pacific Railroad Company and against Plaintiff Asarco, LLC. IT IS FINALLY ORDERED that Union Pacifics Motion for Bill of Costs 312 is DENIED without prejudice. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 3/28/2016. (KMS)