VON DUPRIN LLC v. MORAN ELECTRIC SERVICE, INC. et al
| VON DUPRIN LLC |
| MAJOR HOLDINGS, LLC and MORAN ELECTRIC SERVICE, INC. |
| 1:2016cv01942 |
| July 22, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Environmental Matters |
| 42 U.S.C. ยง 9607 Real Property Tort to Land |
| None |
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Filing
324
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 322 Report and Recommendations: The Magistrate Judge submitted his Report and Recommendation on parties' Joint Motion for Contribution Protection (Filing No. 313). The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts it. See Order. Signed by Judge Tanya Walton Pratt on 1/17/2023.(LF)
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Filing
256
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING BENCH TRIAL - Based upon the foregoing findings of fact and conclusions of law, the Court concludes that Von Duprin has shown by a preponderance of the evidence that it is entitled to an award of & #036;510,000.00 plus interest from the Major Defendants and an award of $340,000.00 plus interest from Moran, for past response costs. Von Duprin is also entitled to an award of future costs in the same allocation percentage30% from the Major Defendants, 20% from Moranas those costs are incurred. (See Order.) Signed by Judge Tanya Walton Pratt on 3/30/2020.(NAD)
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Filing
206
ENTRY ON PENDING MOTIONS - For the reasons explained above, the Court makes the following rulings: Major Defendants' Motion to Limit Expert Testimony at Trial (Filing No. 166 ) and Moran's Motion in Limine to Exclude Expert Opinions of S am Williams (Filing No. 168 ) are DENIED. Von Duprin's Motion in Limine to Exclude Opinions of Adam H. Love, Ph.D. (Filing No. 169 ) is DENIED. Moran's Motion for Leave to File Sur-Reply in Opposition to Von Duprin's Motion to Exc lude the Opinions of Adam H. Love, Ph.D. ( Filing No. 191 ) is DENIED as moot. Von Duprin's Motion in Limine (Filing No. 186 ) is DENIED. The Major Defendants' Motion for Separation of Witnesses (Filing No. 194 ) is GRANTED. The Court directs the parties to instruct their witnesses to not discuss their testimony with anyone else either before or after it is given. Von Duprin's Motion to Exclude or Limit Major Defendants' Designation of Deposition Testimony (Filing No . 195 ) is DENIED. Von Duprin's Motion to Exclude Certain Exhibits Proposed by Major Defendants (Filing No. 196 ) is GRANTED in part and DENIED in part. It is granted as to the admissibility of evidence regarding the Major Defendants' investigation into vapor intrusion at properties outside the comingled plume area. It is denied as to the admissibility of the Phelps Deposition and the Fye Deposition. And finally, Von Duprin's Motion to Exclude Certain Exhibits Proposed by Moran (Filing No. 197 ) is DENIED. (See Entry.) Signed by Judge Tanya Walton Pratt on 6/14/2019. (NAD)
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Filing
203
ENTRY ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT - For the reasons stated above, Von Duprin's Motion for Partial Summary Judgment on Section 107 (a) Liability, (Filing No. 133 ), is DENIED. Moran's Cross-Motion for Partial S ummary Judgment, (Filing No. 138 ), is GRANTED. All claims against Moran remain for resolution at trial, but Moran is not jointly and severally liable on Count I, it is liable only for the proportion of the harm it caused. The Major Defendants� 39; Cross-Motion for Summary Judgment against Plaintiff and Motion for Summary Judgment Against Cross-Claimant, (Filing No. 141 ), is GRANTED in part and DENIED in part. Both claims against the Major Defendants remain for resolution at trial, but like Moran, they are liable only for the proportion of the harm they caused. Additionally, they are not liable for any contamination emanating from the Zimmer Packaging Facility or the Moran property because they are bona fide prospective purchas ers of those parcels of land. The Major Defendants' Motion for Summary Judgment against cross-claimant Moran is DENIED. Thus, both cross-claims (Filing No. 52 ; Filing No. 70 ) remain to be resolved at trial. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/11/2019. (NAD)
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Filing
78
ORDER ON MOTION TO DISMISS - For the reasons stated above, the Court DENIES Moran's Motion to Dismiss. (Filing No. 17 ). Signed by Judge Tanya Walton Pratt on 5/8/2017. (JLS)
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