Borough of Upper Saddle River v. Rockland County Sewer District #1
Borough of Upper Saddle River, Karen Miller, Roy Ostrom, Maria Florio, Mark Ruffolo and Linda McDonald |
Rockland County Sewer District #1, |
1:2007cv00109 |
January 5, 2007 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Paul E. Davison |
Edgardo Ramos |
Environmental Matters |
33 U.S.C. ยง 1365 |
Plaintiff |
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Filing 132 CORRECTED OPINION AND ORDER: For the reasons set forth above: The parties' motions for summary judgment on the First Claim are GRANTED in part and DENIED in part; specifically, Plaintiffs' motion is GRANTED to the extent of the fourteen spi lls identified in Section III.B.2, supra, but DENIED as to all other spills; The parties' motions for summary judgment on Mr. Ostrom's claim for private nuisance, the Second Claim, are DENIED; The parties motions for summary judgment on Upp er Saddle River's claim for public nuisance, the Third Claim, are DENIED; Plaintiffs Ostrom and MacDonald's motion for summary judgment on their claim for trespass, the Fourth Claim, is DENIED, and Defendant's motion on this claim is G RANTED; and In light of Plaintiffs' voluntary dismissal, their Fifth and Sixth Claims are also hereby DISMISSED. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 102, 106. The parties are directed to appear before the Court for a status conference on April 23, 2014, at 10:00 a.m., at the Thurgood Marshall United States Courthouse, Courtroom 619, 40 Foley Square, New York, New York. It is SO ORDERED. (Status Conference set for 4/23/2014 at 10:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/22/2014) (ja) |
Filing 130 OPINION AND ORDER re: 102 MOTION for Summary Judgment, filed by Rockland County Sewer District #1, 106 MOTION for Summary Judgment, filed by Maria Florio, Karen Miller, Borough of Upper Saddle River, Mark Ruffolo, Linda McDonald, Roy Ostrom. For the reasons set forth above Plaintiff's Ostrom and MacDonald's motion for summary judgment on their claim for trespass, the Fourth Claim, is DENIED, and Defendant's motion on this claim is GRANTED; and In light of Plaintiffs' volu ntary dismissal, their Fifth and Sixth Claims are also hereby DISMISSED. The Clerk of the Court is respectfully directed to terminate the motions. Docs. 102, 106. The parties are directed to appear before the Court for a status conference on April 17 , 2014, at 2:00p.m., at the Thurgood Marshall United States Courthouse, Courtroom 619, 40 Foley Square, New York, New York. It is SO ORDERED. (Status Conference set for 4/17/2014 at 02:00 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/31/2014) (ja) |
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