Morrison Enterprises et al v. Dravo Corporation

Plaintiff: Morrison Enterprises and City of Hastings
Defendant: Dravo Corporation
Case Number: 4:2008cv03142
Filed: July 3, 2008
Court: Nebraska District Court
Office: Real Property: Other Office
County: Adams
Referring Judge: David L. Piester
Presiding Judge: Warren K. Urbom
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:9607 Real Property Tort to Land

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Date Filed#Document Text
June 11, 2009 101 Opinion or Order of the Court ORDER: Dravo shall file its response to filing no. 97 on or before June 15, 2009. No reply brief shall be filed absent leave of the court for good cause shown. The current June 12, 2009 expert witness disclosure deadline is extended to June 17, 2009. All other scheduling deadlines for this case (see filing no. 75) remain in effect pending a ruling on plaintiffs motion to amend (filing no. 97). Ordered by Magistrate Judge David L. Piester. (CRZ)
June 11, 2009 102 Opinion or Order of the Court ORDER The courts prior order, filing no. 101, is withdrawn. The telephonic conference call on the plaintiffs Motion to Amend Order Setting Final Schedule for Progression of Case, (filing no. 97), remains scheduled to be held before District Judge Richard G. Kopf beginning at 9:30 a.m. C.D.T. on June 12, 2009. Ordered by Magistrate Judge David L. Piester. (CRZ)
June 12, 2009 104 Opinion or Order of the Court MEMORANDUM AND ORDER - In Judge Piester's absence, and with Judge Urbom's agreement, a telephonic hearing was held before me today on plaintiffs' Motion to Amend Order Setting Final Schedule for Progression of Case. (Filing No. 97 ). Upon review of the file and having heard the parties' arguments, The plaintiffs Motion to Amend Order Setting Final Schedule for Progression of Case, (filing no. 97 ), is denied. The parties are encouraged to further discuss whether the progre ssion schedule should be modified to permit brief extensions of the current deadlines, and if an agreement can be reached, shall submit their agreement by filing a joint motion to amend the progression schedule. Ordered by Judge Richard G. Kopf. (GJG)
June 17, 2009 107 Opinion or Order of the Court ORDER AMENDING FINAL SCHEDULE FOR PROGRESSION OF CASE - granting 105 Motion to Amend. The Final Pretrial Conference remains set for 10/29/2009 at 10:00 a.m. in Chambers. Jury Trial remains set at the court's call during the week of 11/16/2009 for eight days in Lincoln, Nebraska. Ordered by Judge Richard G. Kopf in absence of Judge Piester and with agreement of Judge Urbom. (GJG)
June 30, 2009 127 Opinion or Order of the Court ORDER - Based upon the letters received from counsel, no mediation reference order will be entered. Ordered by Judge Richard G. Kopf in the absence of Magistrate Judge Piester, and with the agreement of Judge Urbom. (GJG)
July 13, 2009 149 Opinion or Order of the Court ORDER regarding 146 Motion to Withdraw as Attorney. IT IS ORDERED that the motion to withdraw filed by Stephen C. Smith, as one of the attorneys of record for defendant Dravo Corporation, (filing no. 146 ), is granted. Ordered by Judge Richard G. Kopf. (LKH)
July 15, 2009 152 Opinion or Order of the Court ORDER granting 145 Motion for Extension of Time. The Citys motion (doc. # 145) is granted and the City shall have until and including July 15, 2009, within which to file its brief opposing the motion of defendant Dravo Corporation for partial summary judgment on the Citys claims relating to its water supply system. Ordered by Senior Judge Warren K. Urbom. (EJL)
July 14, 2009 153 Opinion or Order of the Court ORDER granting 148 Motion for Extension of Time. Dravos motion (Doc. # 148) is granted and Dravo shall have until and including July 29, 2009, within which to file its reply brief in support of its motion for partial summary judgment on the Citys claims relating to its water supply system.Ordered by Senior Judge Warren K. Urbom. (EJL)
August 3, 2009 225 Opinion or Order of the Court ORDER granting 212 Motion for Leave. The Defendant Dravos Motion for Leave of Court to File Substituted Brief in Support of its Motion for Partial Summary Judgment on the Citys Claims Related to its Water Supply System, filing 212 , is granted; and the City of Hastings shall file and serve its response on or before August 14, 2009. Ordered by Senior Judge Warren K. Urbom. (EJL)
August 7, 2009 242 Opinion or Order of the Court MEMORANDUM AND ORDER - Defendant Dravo shall file its response to Morrison's Motion to Shorten Time to Respond to Discovery or in the Alternative to Extend the Written Discovery Deadline, (filing no. 216 ), and Morrison's Motion for Extension of Time to File Supplemental Expert Witness Report, (filing no. 233 ), on or before August 13, 2009. No reply brief shall be filed absent leave of the court for good cause shown. Ordered by Judge Richard G. Kopf. (JAB)
August 10, 2009 257 Opinion or Order of the Court MEMORANDUM AND ORDER - Morrison's Motions to Compel, (filing nos. 138 and 141 ), are denied as moot. If Morrison contends release of the insurance agreement will violate a confidentiality clause or court order, it shall submit the agreement a nd, as necessary, the relevant court order to the court for in camera review on or before August 20, 2009. As to any insurance agreements not timely submitted to the court for in camera review which may provide coverage to Morrison for any contribut ion or indemnification award Morrison may be adjudged to owe Dravo, Morrison shall serve a copy of such agreement(s) on Dravo on or before August 20, 2009. In all other respects, Morrison's Motion for Protective Order, (filing no. 189 ), is gra nted. Dravo's request by subpoena for production of "Any report, document, file or other written or electronic communication relating to the modeling by Messers. Larson and/or Cohen of the fate and transport of contaminants in the Hasting s Groundwater Contamination Site," and "[a]ny document showing the capture pattern for Well D," is granted, and Morrison shall serve this information on Dravo on or before August 20, 2009. Dravos request by subpoena for production of & quot;[a]ny and all documents, including invoices and billing records, [reflecting] the amount of time worked and money generated by [Larson and Cohen] for services rendered to Plaintiff Morrison," is denied. All remaining issues raised by Morri sons motions to quash and for protective order, (filing nos. 195 & 198 ), are denied as moot. Dravo's brief, (filing no. 246 ), in support of its motion for protective order is deemed Dravos response to Morrison's filing 216 . No repl y shall be filed regarding filing 216 . Morrison and Dravo shall confer regarding resolution of Morrison's motion for responses to discovery out of time, (filing no. 216 ), and Dravo's motion for protective order (filing no. 245 ) and attempt in good faith to resolve these motions without further court intervention. Dravo and Morrison shall either file a joint statement advising the court that filings 216 and 245 are resolved by August 17, 2009, or Morrison shall file its bri ef in response to Dravos motion for protective order (filing no. 245 ) by August 20, 2009. Pending either an agreement between Dravo and Morrison to the contrary, or a court ruling on Dravo's motion for protective order, (filing no. 245 ), Morrisons 30(b)(6) deposition noticed to begin at 9:00 a.m. on August 11, 2009, is stayed. Ordered by Judge Richard G. Kopf. (GJG)
August 18, 2009 271 Opinion or Order of the Court MEMORANDUM AND ORDER - Pursuant to the joint stipulation of the parties, (filing no. 263 ), Morrison's Motion to Shorten Time to Respond to Discovery or in the Alternative to Extend the Written Discovery Deadline, (filing no. 216 ), and the de fendant's Motion for Protective Order, (filing no. 245 ), are denied as moot. Morrison's Motion for Leave for Extension of Time to File Supplemental Expert Witness Report, (filing no. 233 ), is granted and the supplemental expert report served by Morrison on August 6, 2009, (see filing no. 236 ), is deemed timely filed. Ordered by Judge Richard G. Kopf. (JAB)
August 24, 2009 278 Opinion or Order of the Court MEMORANDUM AND ORDER - The joint stipulation, (filing no. 272 ), and joint motion of the parties to amend the progression schedule, (filing no. 273 ), is granted, and the progression order (filing no. 107 ) is amended as set out in this Memorandum and Order. Ordered by Judge Richard G. Kopf. (GJG)
November 6, 2008 29 Opinion or Order of the Court ORDER denying 16 Motion to Strike ; denying 17 Motion to Dismiss; denying 18 Motion to Strike ; denying 25 Motion to Strike. Ordered by Senior Judge Warren K. Urbom. (EJL)
September 24, 2009 310 Opinion or Order of the Court ORDER granting 284 Motion for Leave of Court to Supplement the Index of Evidence to Its Brief in Support of Its Motion for Partial Summary Judgment on the City's Claims Related to Its Water Supply System.Ordered by Senior Judge Warren K. Urbom. (EJL)
October 8, 2009 335 Opinion or Order of the Court ORDER granting 334 Motion to Extend. Proposed findings of fact and conclusions of law shall be filed after the trial is complete, the specific deadline for such filing to be determined by the Court and the parties at the close of trial. Ordered by Judge Richard G. Kopf. (CRZ)
November 9, 2009 373 Opinion or Order of the Court MEMORANDUM AND ORDER granting 304 "Defendant Dravo Corporation's Request for the Court to Take Judicial Notice of the United States' Amicus Curiae Memorandum filed in ITT Industries, Inc. v. Borgwarner, Inc. in Support of its Motion for Summary Judgment Related to Plaintiff's Well D Claims." Ordered by Senior Judge Warren K. Urbom. (EJL)
November 24, 2009 386 Opinion or Order of the Court ORDER granting 317 Motion for Leave to Supplement the Index of Evidence in Support of its Motion for Partial Summary Judgment on Liability and its Motion for Summary Judgment on Counts I through IV of Dravo Corporation's Counterclaims and Briefs in Support. Ordered by Senior Judge Warren K. Urbom. (EJL)
November 24, 2009 387 Opinion or Order of the Court ORDER denying 374 Motion for Leave to submit additional authority.Ordered by Senior Judge Warren K. Urbom. (EJL)
November 24, 2009 388 Opinion or Order of the Court ORDER granting 110 Dravo Corporations Motion for Partial Summary Judgment on the City of Hastings Claims Related to Its Water Supply System, filing 110, is granted. Dravo is entitled to summary judgment on Counts IV, V, VI, and VII, and on Counts I and II to the extent they involve a claim for damages involving Hastings water supply system.Ordered by Senior Judge Warren K. Urbom. (EJL)
November 24, 2009 389 Opinion or Order of the Court ORDER Dravo Corporation's Motion for Partial Summary Judgment on the Morrison Enterprises, LLC and the City of Hastings' Claims Related to the Well D System, filing 154 , is granted in part. Dravo is entitled to summary judgment on Morrison's and Dravo's claims related to the Well D System insofar as they are based on CERCLA § 107(a), and Morrison's indemnification claim (Count III) is dismissed. Ordered by Senior Judge Warren K. Urbom. (EJL )
November 24, 2009 390 Opinion or Order of the Court ORDER Morrison's motion for summary judgment on Counts I through IV of Dravo's Counterclaims, filing 175 is denied. Hastings' motion for summary judgment on Counts I, II, III, and IV of Dravo's Amended Counterclaims, filing 171 , is granted in part, and Hastings is entitled to summary judgment on Count IV of Dravo's counterclaims.Ordered by Senior Judge Warren K. Urbom. (EJL)
November 24, 2009 391 Opinion or Order of the Court ORDER Morrison's and Hastings' motion for partial summary judgment on liability, see filings 177 and 187 , is denied as moot. Ordered by Senior Judge Warren K. Urbom. (EJL)
January 4, 2010 408 Opinion or Order of the Court ORDER denying 393 Morrison Enterprises, LLC's Motion for Leave to File a Second Amended Complaint. Ordered by Senior Judge Warren K. Urbom. (EJL)
January 6, 2010 410 Opinion or Order of the Court MEMORANDUM AND ORDER granting in part and denying in part 396 Morrison's Motion for Reconsideration. The citation to 42 U.S.C. § 9622(h), and the parenthetical that accompanies that citation, are stricken from page 4 of the Memorandum an d Order on Plaintiffs' Motion for Partial Summary Judgment on Liability, filing 391 ; the Memorandum and Order on Plaintiffs Motion for Partial Summary Judgment on Liability, filing 391 , does not include a finding on the question of whether the 1991 or 1996 AOCs were issued pursuant to CERCLA § 122(h); and Morrison Enterprises, LLC's Motion for Reconsideration, filing 396 , is otherwise denied. Ordered by Senior Judge Warren K. Urbom. (JAB)
January 26, 2010 420 Opinion or Order of the Court MEMORANDUM AND ORDER on Defendant's Motion for an Award of Costs and Other Pending Motions. - 1. The parties' joint motion to enter final judgment, filing 416 , is granted, and a judgment will be entered on a separate document; 2. Dravo� 39;s motion for an award of costs, filing 416 , is denied; 3. Morrison's and Hastings' motion to deny costs to Dravo, filing 416 , is granted; and 4. the parties' joint motion to defer the filing of the bill of costs, filing 416 , is denied as moot. Ordered by Senior Judge Warren K. Urbom. (JAB)
January 26, 2010 421 Opinion or Order of the Court JUDGMENT regarding Memorandum and Order 420 . Judgment is entered (1) in favor of Dravo Corporation (Dravo) and against Morrison Enterprises, LLC (Morrison) on Counts I-III of the amended complaint, in accordance with filing 389 (as amended by fil ing 412 ) and filing 391 (as amended by filing 410 ); (2) in favor of Dravo and against the City of Hastings, Nebraska (Hastings) on Counts I, II, IV, V, VI, and VII of the amended complaint, in accordance with filing 388 , filing 389 (as amen ded by filing 412 ) and filing 391 (as amended by filing 410 ); and (3) in favor of Hastings and against Dravo on Counterclaim IV, in accordance with filing 390 ; furthermore, Count III (insofar as it was brought by Hastings) and Count VIII of t he amended complaint have been voluntarily dismissed, without prejudice, by Hastings; Dravos Counterclaim IV against Morrison has been voluntarily dismissed, without prejudice, by Dravo; and Dravos Counterclaims I-III are moot. Ordered by Senior Judge Warren K. Urbom. (JAB)
February 18, 2009 43 Opinion or Order of the Court ORDER - Upon motion of Dravo Corporation for leave to file an Amended Answer and Counterclaims, and for good cause shown, Dravos motion for leave, filing no. 38 is GRANTED, and Dravo shall file and serve an Amended Answer and Counterclaims consistent with the proposed amended pleading attached as Exhibit A to Dravo's motion. Ordered by Magistrate Judge David L. Piester. (GJG)
February 18, 2009 44 Opinion or Order of the Court ORDER - Upon motion of Morrison Enterprises, LLC for leave to file an amended answer to the counterclaims of Defendant Dravo Corporation, and for good cause shown, Morrison's motion for leave, filing no. 41 is GRANTED, and Morrison shall file and serve an amended answer to the counterclaims consistent with the proposed amended pleading attached as Exhibit A to Morrison's motion. Ordered by Magistrate Judge David L. Piester. (GJG)
February 24, 2009 55 Opinion or Order of the Court ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE-Depositions due 7/15/2009. The Final Pretrial Conference with the undersigned magistrate judge is set for October 29, 2009 at 10:00 a.m., Central Time in chambers, 566 Federal Building and United States Courthouse, Lincoln, Nebraska. Jury trial is set to commence, at the court's call, during the week of November 16, 2009 for eight days, in Lincoln, Nebraska, before the Honorable Warren K. Urbom, United States District Judge. Plaintiff Ci ty of Hastings' motion to file amended answer to counterclaims of defendant Dravo, filing no. 39 , is denied as moot. Plaintiffs joint motion to file amended complaint, filing no. 40 , is granted and the amended complaint shall be filed forthwith. Ordered by Magistrate Judge David L. Piester. (LKH)
April 3, 2009 74 Opinion or Order of the Court ORDER A telephonic conference will be held regarding the stay requested by plaintiff City of Hastings and Defendant Dravo, (see filing no. 60), on April 6, 2009 at 2:00 p.m. C.D.T. Counsel for Dravo Corporation shall place the call. Ordered by Magistrate Judge David L. Piester. (CRZ)
April 7, 2009 75 Opinion or Order of the Court MEMORANDUM AND ORDER - Following a telephone conference with counsel pursuant to Fed. R. Civ. P. 16 on April 6, 2009, and hearing the discussion of the parties efforts to resolve one portion of this case, IT THEREFORE HEREBY IS ORDERED: The current d eadlines and the court's extant progression order, filing no. 55 , are amended in the following respects: 1. Responses to outstanding written discovery requests shall be due on or before May 8, 2009. 2. No depositions shall be scheduled until o n or after April 27, 2009. 3. The deposition deadline in Paragraph 2.a. of the progression order is extended to August 5, 2009. 4. The deadlines for disclosures of expert reports in paragraph 3 of that order are each extended three weeks, to wit: May 13, 2009, June 12, 2009, and July 6, 2009, respectively. 5. The pretrial disclosures deadline for disclosure of nonexpert witnesses in paragraph 4 a. thereof is extended to July 6, 2009. 6. The pretrial disclosure deadline for trial exhibits in para graph 4 c. thereof is extended to August 20, 2009. 7. The deadline for filing motions in limine regarding expert witnesses required by paragraph 5 a. thereof is extended to August 6, 2009. In all other respects the extant progression order remains in effect. Ordered by Magistrate Judge David L. Piester. (LKH)
May 15, 2009 88 Opinion or Order of the Court MEMORANDUM AND ORDER - Morrison Enterprises has filed a motion seeking an extension of time to disclose expert witnesses, filing no. 80 . Dravo Corporation has filed a brief opposing Morrison's motion. I have considered the motion and the brief in opposition, including the request therein for alternative relief, and I conclude that the extension should be granted and the alternative relief sought by DRAVO denied.Ordered by Magistrate Judge David L. Piester. (GJG)

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Plaintiff: Morrison Enterprises
Represented By: Gary J. Nedved
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Plaintiff: City of Hastings
Represented By: Michael E. Sullivan
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Defendant: Dravo Corporation
Represented By: Danene J. Tushar
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