Asarco LLC v. Union Pacific Railroad Company et al
| Asarco LLC |
| Union Pacific Railroad Company and Union Pacific Corporation |
| 1:2012cv00283 |
| June 5, 2012 |
| US District Court for the District of Idaho |
| CDA - Northern Office |
| Ada - Southern |
| Edward J. Lodge |
| Environmental Matters |
| 33 U.S.C. ยง 1365 Environmental Matters |
| None |
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The following documents for this case are available for you to view or download:
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Filing
344
ORDER - Based on the evidence presented at trial, the Court finds Asarco has failed to prove by a preponderance of the evidence that it paid more than its proportionate share of its liability at the CDA Site. Therefore, Asarco has no right to bring t his contribution claim under § 113(f) of CERCLA. Further, the Court finds Union Pacific has shown Asarco released its right to bring a contribution claim against it in the Bankruptcy Settlement. Forthese reasons, the Court finds in favor of Unio n Pacific in this matter and will enter a judgment consistent with this decision. IT IS SO ORDERED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
225
MEMORANDUM DECISION AND ORDER denying 128 Defendant's Motion to Bifurcate; granting in part and denying in part 130 Defendant's Motion for Summary Judgment; denying 131 Plaintiff's Motion for Partial Summary Judgment; denying [14 5] Defendant's Motion to Strike; finding as moot 164 Defendant's Motion to Strike; finding as moot 190 Defendant's Motion to Strike or for Leave to File Sur-Reply; granting 193 Defendant's Motion to Depose. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
218
MEMORANDUM DECISION AND ORDER - it is HEREBY ORDERED that: 1. Defendants Motion to Compel Discovery Responses and to Deem Requests for Admission Admitted (Docket No. 127 ) is GRANTED, in part, and DENIED, in part. 2. Union Pacific Railroad Companys Objection to, and Motion to Strike or Exclude, Asarcos Untimely Filings (Docket No. 160 ) is GRANTED, in part, and DENIED, in part asfollows: a. Docket Nos. 152-157 are not stricken; in this respect, Union Pacifics Motion is DENIED; and b. Docket No . 158 is stricken; in this respect, Union Pacifics Motion is GRANTED. Correspondingly, Docket Nos. 174 and 182 (and related materials) are likewise stricken. 3. Asarcos Motion to Extend Time for Filing Documents in Support of Asarco LLCs Respon se in Opposition to Union Pacific Railroad Companys Motion for Summary Judgment (Docket No. 176 ) is GRANTED. 4. Asarco LLCs Motion to Strike and Objection to Improper Briefing (Docket No. 178 ) is DENIED. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
206
MEMORANDUM DECISION AND ORDER RE: UNION PACIFIC RAILROAD COMPANYS MOTION FOR PROTECTIVE ORDER (Docket No. 95), UNION PACIFIC RAILROAD COMPANYS MOTION FOR PROTECTIVE ORDER UNDER FRCP 26(b)(2)(C) AND 26(c)(1) (Docket No. 108) granting in part and denying in part 95 Motion for Protective Order; denying 108 Motion for Protective Order. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
113
MEMORANDUM DECISION AND ORDER denying 86 Motion to Disqualify. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
50
MEMORANDUM DECISION AND ORDER finding as moot 44 Motion to Strike ; granting 31 Motion to Dismiss. NOW THEREFORE IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Dkt. 31) is GRANTED. This case is HEREBY DISMISSED IN ITS ENTIRETY. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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