Morrison Enterprises et al v. Dravo Corporation
| Morrison Enterprises and City of Hastings |
| Dravo Corporation |
| 4:2008cv03142 |
| July 3, 2008 |
| US District Court for the District of Nebraska |
| Real Property: Other Office |
| Adams |
| David L. Piester |
| Warren K. Urbom |
| Plaintiff |
| Federal Question |
| 42:9607 Real Property Tort to Land |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
421
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)
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Filing
410
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)
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Filing
408
ORDER denying 393 Morrison Enterprises, LLC's Motion for Leave to File a Second Amended Complaint. Ordered by Senior Judge Warren K. Urbom. (EJL)
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Filing
391
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)
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Filing
373
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)
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Filing
335
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)
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Filing
310
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)
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Filing
278
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)
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Filing
271
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)
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Filing
257
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 "[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)
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Filing
242
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)
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Filing
225
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)
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Filing
152
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)
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Filing
153
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)
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Filing
149
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)
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Filing
127
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)
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Filing
107
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)
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Filing
104
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)
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Filing
102
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)
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Filing
88
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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Filing
75
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)
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Filing
74
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)
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Filing
55
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)
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Filing
44
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)
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Filing
29
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)
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