Sanchez et al v. Esso Standard Oil de Puerto Rico, Inc.
| Jorge Francisco Sanchez and Dolores Service Station and Auto Parts, Inc. |
| Esso Standard Oil de Puerto Rico, Inc. |
| 3:2008cv02151 |
| October 7, 2008 |
| US District Court for the District of Puerto Rico |
| Environmental Matters Office |
| San Juan |
| Jose A Fuste |
| Plaintiff |
| Federal Question |
| 42:6901 Resource & Recovery Act |
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The following documents for this case are available for you to view or download:
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Filing
477
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The complaint filed by Plaintiffs is dismissed. The preliminary injunction ordered by this court on December 5, 2008, is vacated. Esso will submit, by 10/19/2010, a verified pet ition for attorneys' fees consistent with this order, and in strict compliance with the attorneys' fees lodestar method as interpreted by First Circuit case law. Sanchez and Cabrera will respond by 11/4/2010.Signed by Chief Judge Jose A Fuste on 9/29/2010.(mrj)
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Filing
425
ORDER summarily denying 369 MOTION for Summary Judgment on the Issue of Indemnity Liability and 372 MOTION for Summary Judgment filed by Esso Standard Oil de Puerto Rico, Inc., without prejudice to hearing the same arguments at trial. We grant [3 93] MOTION to Strike Plaintiffs' Demand for Jury Trial filed by Esso Standard Oil de Puerto Rico, Inc. We strike Plaintiffs' demand for a trial by jury on their claims under RCRA. We dismiss without prejudice the Brothers' supplemental claims against Defendant. Signed by Chief Judge Jose A Fuste on 8/5/2010.(mrj)
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Filing
406
OPINION AND ORDER DENYING 367 MOTION to dismiss CERCLA Claims as to Jorge Luis Sanchez-Sanchez, Alicia Solano, Dolores Service Station and Auto Parts, Inc., Hector Sanchez-Gomez, Angel Sanchez-Gomez, Jorge Francisco Sanchez, filed by Dolores Service Station and Auto Parts, Inc., Angel Sanchez-Gomez, Jorge Luis Sanchez-Sanchez, Jorge Francisco Sanchez, Alicia Solano, Hector Sanchez-Gomez. Signed by Chief Judge Jose A Fuste on 8/2/2010.(mrj)
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Filing
374
ORDER granting 295 Motion for Partial Summary Judgment to preclude Plaintiffs' resort to 42 U.S.C. § 6991b(h)(6)(C)(i). Signed by Chief Judge Jose A Fuste on 7/8/2010. (mrj)
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Filing
279
OPINION AND ORDER DENYING 236 MOTION to Dismiss/Lack of Jurisdiction filed by Esso Standard Oil de Puerto Rico, Inc.; GRANTING IN PART AND DENYING IN PART 229 MOTION to Dismiss/Lack of Jurisdiction of CERCLA and Indemnity Claims filed by D olores Service Station and Auto Parts, Inc., Jorge Luis Sanchez-Sanchez, Jorge Francisco Sanchez, Alicia Solano. We DISMISS Defendant's counterclaim against Plaintiffs under CERCLA, but RETAIN all other claims asserted by Plaintiffs and Defendant. Signed by Chief Judge Jose A Fuste on 2/22/2010.(mrj)
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Filing
264
OPINION AND ORDER DENYING Plaintiff's oral motion to exclude the data generated to date in the parties' court-ordered ESA from the ESA and from further consideration in this proceeding; we find such data to be both valid and reliable. Esso& #039;s 151 Second MOTION for Bond is GRANTED IN PART. Plaintiffs are imposed a security requirement in the amount of $100,000. The parties are ORDERED to submit to the court a joint proposal and cost estimate for expansion of the ESA in the so utheast corner of the property for the purpose of fully delineating the extent of groundwater contamination in that area by not later than March 1, 2010. Notice of Compliance Deadline due by 3/1/2010. Signed by Chief Judge Jose A Fuste on 2/5/10.(mrj)
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Filing
83
ORDER denying 69 Motion to Stay. Signed by Chief Judge Jose A Fuste on 2/18/09. (mrj)
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Filing
53
ORDER denying 46 Motion for Bond. Signed by Chief Judge Jose A Fuste on 1/15/09. (mrj)
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Filing
22
PRELIMINARY INJUNCTION FINDINGS AND CONCLUSIONS. The parties will jointly notify the EQB and the EPA of the issuance of this order, with proof of notice on record by December 10, 2008. On or before December 18, 2008, both parties will submit recommen dations as to names of companies and/or entities that can perform a comprehensive site assessment before the court further orders Esso to remediate soil and groundwater contamination at the site originating from leaded gasoline, unleaded gasoline, an d related petroleum-based products dispensed at the Esso Dolores Service Station during the period 1982 to October 31, 2008. A hearing to consider the implementation of a comprehensive site assessment, at Esso's expense, will be held on December 22, 2008, at 9:30 A.M. Subject to the results of the hearing, Esso is not only enjoined and restrained from contributing by action or inaction to further environmental contamination at the site of the Esso Dolores Service Station, but Esso will be ordered, depending on the results of the Comprehensive Site Assessment ordered herein, to pay for all necessary testing, corrective actions, and removal of all pollution and contamination within the site and into adjacent areas. Notice of Compliance Deadline due by 12/10/2008. Recommendations due by 12/18/2008. Hearing set for 12/22/2008 09:30 AM in Courtroom 7 before Chief Judge Jose A FusteSigned by Chief Judge Jose A Fuste on 12/5/08.(mrj)
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