Salt Lake City Corporation et al v. ERM WEST et al
Plaintiff: Salt Lake City Corporation, BP Products North America and Chevron USA Inc
Defendant: ERM WEST, Compass Environmental and WRS Infrastructure and Environment a North Carolina corporation doing business as WRSCOMPASS
Case Number: 2:2011cv01174
Filed: December 16, 2011
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Ted Stewart
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 13, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2016 Opinion or Order Filing 574 ORDER granting #573 Stipulated Motion to Dismiss All Claims With Prejudice. Each party shall bear its own costs and attorney fees. Case Closed. Magistrate Judge Paul M. Warner no longer assigned to case. Signed by Judge Ted Stewart on 7/13/2016. (eat)
July 13, 2016 Opinion or Order Filing 573 Stipulated MOTION to Dismiss All Claims With Prejudice filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Hogle, Chris)
February 22, 2016 Opinion or Order NOTICE FROM THE COURT: Deadlines/Hearings terminated. The 18-day jury trial set to begin 2/29/2016 is STRICKEN per a phone call from the parties stating they have reached a settlement. (rlr)
February 12, 2016 Opinion or Order Deadlines/Hearings terminated. The final pretrial conference set for 2/16/2016 is STRICKEN per a phone call from counsel stating a settlement has been reached. (rlr)
February 11, 2016 Opinion or Order Filing 572 MEMORANDUM in Opposition re #532 MOTION Plaintiffs' Motion in Limine Re Non-Contractual Cost Estimates and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1- Project Manual, Doc. 00020)(Scott, Justin)
February 10, 2016 Opinion or Order Filing 571 Proposed Exhibit List Supplement to Plaintiffs' Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation.. (Hogle, Chris)
February 10, 2016 Opinion or Order Filing 570 MEMORANDUM DECISION granting in part and denying in part #420 Motion to Exclude. Signed by Judge Ted Stewart on 2/10/16. (jlw)
February 9, 2016 Opinion or Order Filing 569 MOTION in Limine and Memorandum in Support to Exclude ERM's Exhibits Containing Evidence of the Allocation Agreement filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - ERM's Trial Exhibit 3278, #2 Exhibit Feb 5, 2016 Email, #3 Exhibit Feb 9, 2016 Email)(Horne, Jennifer)
February 9, 2016 Opinion or Order Filing 568 MEMORANDUM DECISION and Order granting in part and denying in part #423 Motion to Exclude. Signed by Judge Ted Stewart on 2/9/16. (jlw)
February 9, 2016 Opinion or Order Filing 567 AMENDED NOTICE OF HEARING: (Notice generated by Chambers (rlr)). Final Pretrial Conference re-set for 2/16/2016 at 10:30 AM in Rm 8.300 before Judge Ted Stewart. NOTE: THIS IS A TIME CHANGE ONLY. PLEASE NOTE NEW EARLIER START TIME. (rlr)
February 8, 2016 Opinion or Order Filing 566 NOTICE of of Compass Environmental Inc.'s and WRS Infrastructure's Designations of Deposition Testimony for Use at Trial by Compass Environmental, WRS Infrastructure and Environment (Scott, Justin)
February 8, 2016 Opinion or Order Filing 565 NOTICE OF FILING of Plaintiffs' Deposition Designations filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
February 8, 2016 Opinion or Order Filing 564 NOTICE of ERM-West's Designations of Deposition Testimony for Use at Trial by ERM WEST (Attachments: #1 Exhibit A - David McCarthy Depo Designation, #2 Exhibit B - Gregory Frame (Envirocon) Depo Designation, #3 Exhibit C - Karen Nichols Depo Designation, #4 Exhibit D - Lloyd Dunlap Depo Designation, #5 Exhibit E - Mark Petschke (Entact) Depo Designation, #6 Exhibit F - William Gala Depo Designation) (Horvat, Stephen)
February 5, 2016 Opinion or Order Filing 563 Proposed Exhibit List Plaintiffs' Objections to Defendants ERM-West, Inc.'s Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation.. (Hogle, Chris)
February 5, 2016 Opinion or Order Filing 562 Proposed Exhibit List Plaintiffs' Objections to Compass Environmental, Inc.'s, WRS Infrastructure and Environment, Inc.'s d/b/a WRSCompass, Inc.'s Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation.. (Hogle, Chris)
February 5, 2016 Opinion or Order Filing 561 REQUEST to Submit for Decision re #518 Defendant's MOTION to Expedite Defendants Compass Environmental, Inc.'s And WRS Infrastructure's Motion For Leave To Take Envirocon's Deposition As To Segment 3(2), Or In The Alternative, To Exclude Evidence Of Segment 3(2) Work And filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
February 5, 2016 Opinion or Order Filing 560 Proposed Exhibit List (Second Amended) by Defendant ERM WEST.. (Attachments: #1 Exhibit A - Second Amended Ex. List)(Horvat, Stephen)
February 5, 2016 Opinion or Order Filing 559 ERRATA to #556 Reply Memorandum/Reply to Response to Motion, filed by Defendants Compass Environmental, WRS Infrastructure and Environment . (Scott, Justin)
February 5, 2016 Opinion or Order Filing 558 REQUEST to Submit for Decision re #513 MOTION to Expedite Pretrial Motion for Leave to Take Trial Deposition of Karen Nichols and Memorandum in Support filed by Defendant ERM WEST. (Scott, Jared)
February 5, 2016 Opinion or Order Filing 557 REPLY to Response to Motion re #513 MOTION to Expedite Pretrial Motion for Leave to Take Trial Deposition of Karen Nichols and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (3-1-01 Email))(Scott, Jared)
February 5, 2016 Opinion or Order Filing 556 REPLY to Response to Motion re #518 Defendant's MOTION to Expedite Defendants Compass Environmental, Inc.'s And WRS Infrastructure's Motion For Leave To Take Envirocon's Deposition As To Segment 3(2), Or In The Alternative, To Exclude Evidence Of Segment 3(2) Work And filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Email Re Supplementation)(Scott, Justin)
February 5, 2016 Opinion or Order Filing 555 ORDER denying #414 Motion in Limine. Signed by Judge Ted Stewart on 2/5/16. (jlw)
February 5, 2016 Opinion or Order Filing 554 MEMORANDUM DECISION and Order granting in part and denying in part #416 Motion in Limine; granting in part and denying in part #427 Motion in Limine. Signed by Judge Ted Stewart on 2/5/16. (jlw)
February 5, 2016 Opinion or Order Filing 553 OBJECTIONS to (Amended) to Plaintiff's Exhibits filed by ERM WEST. (Attachments: #1 Exhibit A - Objections to Plaintiff's Exhibits)(Horvat, Stephen)
February 5, 2016 Opinion or Order Filing 552 REQUEST to Submit for Decision re #487 MOTION in Limine and Memorandum in Support to Exclude Argument That ERM Provided a "Warranty" Re: Compass's Work or the Project Results filed by Defendant ERM WEST. (Horvat, Stephen)
February 5, 2016 Opinion or Order Filing 551 REPLY to Response to Motion re #487 MOTION in Limine and Memorandum in Support to Exclude Argument That ERM Provided a "Warranty" Re: Compass's Work or the Project Results filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Pretrial Order, #2 Exhibit B - 150203 Stip Scheduling Order, #3 Exhibit C - Joint Pretrial Order)(Horvat, Stephen)
February 5, 2016 Opinion or Order Filing 550 Proposed Witness List (Amended) by ERM WEST. (Horvat, Stephen)
February 4, 2016 Opinion or Order Filing 549 MEMORANDUM DECISION and Order granting #483 Motion in Limine to Exclude Evidence of Salt Lake City's Obligation to Share Recovery. Signed by Judge Ted Stewart on 2/4/16. (jlw)
February 4, 2016 Opinion or Order Filing 548 ORDER granting in part and denying in part #485 Motion in Limine; granting in part and denying in part #491 Motion in Limine. See order for details. Signed by Judge Ted Stewart on 2/4/16. (jlw)
February 4, 2016 Opinion or Order Filing 547 MEMORANDUM DECISION and Order granting #415 Motion in Limine to Exclude Defendants' Evidence and Argument Regarding Allocation Agreement. Signed by Judge Ted Stewart on 2/4/16. (jlw)
February 4, 2016 Opinion or Order Filing 546 TRIAL ORDER with instructions to counsel: 18 Day Jury Trial set to begin 2/29/2016 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Final Pretrial Conference set for 2/16/2016 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. See order for more deadlines and information. Signed by Judge Ted Stewart on 2/4/2016. (rlr)
February 4, 2016 Opinion or Order Filing 545 Motions No Longer Referred: #543 MOTION Salt Lake City Corporation's Motion in Limine Regarding Evidence and Argument Seeking to Apply Article V.H. of the Professional Services Agreement and Memorandum in Support (tco)
February 3, 2016 Opinion or Order Filing 544 MEMORANDUM in Opposition re #513 MOTION to Expedite Pretrial Motion for Leave to Take Trial Deposition of Karen Nichols and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Excerpts from Deposition of K. Nichols, #2 Exhibit 2 - Declaration of Christopher R. Hogle, #3 Exhibit 3 - Excerpt from Depo. Ex. 208, #4 Exhibit 4 - Excerpt from Depo. Ex. 202, #5 Exhibit 5 - Excerpt from Depo. Ex. 204)(Hogle, Chris)
February 3, 2016 Opinion or Order Filing 543 MOTION Salt Lake City Corporation's Motion in Limine Regarding Evidence and Argument Seeking to Apply Article V.H. of the Professional Services Agreement and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - 1-26-16 S. Horvat email, #2 Exhibit 2 - PSA at ERM043963, Art. V.H., #3 Exhibit 3 - 7-14-15 Memo. Dec. and Order, etc.) Motions referred to Paul M. Warner.(Hogle, Chris)
February 3, 2016 Opinion or Order Filing 542 MEMORANDUM DECISION and Order denying #413 Motion in Limine. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 3, 2016 Opinion or Order Filing 541 ORDER granting in part and denying in part #470 Motion in Limine. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 3, 2016 Opinion or Order Filing 540 ORDER denying #486 Motion in Limine. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 3, 2016 Opinion or Order Filing 539 ORDER granting in part and denying in part #405 Motion in Limine. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 3, 2016 Opinion or Order Filing 538 MEMORANDUM DECISION and Ordergranting #471 Motion in Limine to Exclude References to the Deepwater Horizon Oil Spill in the Gulf of Mexico and the Red Butte Creek Oil Spill in Salt Lake City. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 3, 2016 Opinion or Order Filing 537 ORDER denying #484 Motion in Limine. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 3, 2016 Opinion or Order Filing 536 ORDER denying #406 Motion in Limine. Signed by Judge Ted Stewart on 2/3/16. (jlw)
February 2, 2016 Opinion or Order Filing 535 MEMORANDUM in Opposition re #518 Defendant's MOTION to Expedite Defendants Compass Environmental, Inc.'s And WRS Infrastructure's Motion For Leave To Take Envirocon's Deposition As To Segment 3(2), Or In The Alternative, To Exclude Evidence Of Segment 3(2) Work And filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - 1-14-13 Plaintiffs' Initial Disclosures excerpt, #2 Exhibit 2 - 2-13-14 Plaintiffs' Supplemental Initial Disclosures, etc. excerpt, #3 Exhibit 3 - 8-1-14 Salt Lake City Corporation's Individual Supplemental Damages, etc. excerpt, #4 Exhibit 4 - 12-15-14 Plaintiffs' Supplemental Damages Disclosures, etc. excerpt, #5 Exhibit 5 - Email string among counsel)(Hogle, Chris)
February 2, 2016 Opinion or Order Filing 534 Proposed Exhibit List THIRD SUPPLEMENT TO DEFENDANT COMPASS ENVIRONMENTAL, INC.S AND WRS INFRASTRUCTURES RULE 26(a)(3) PRE-TRIAL DISCLOSURES by Defendants Compass Environmental, WRS Infrastructure and Environment.. (Scott, Justin)
February 2, 2016 Opinion or Order Filing 533 Motions No Longer Referred: #532 MOTION Plaintiffs' Motion in Limine Re Non-Contractual Cost Estimates and Memorandum in Support (tco)
February 1, 2016 Opinion or Order Filing 532 MOTION Plaintiffs' Motion in Limine Re Non-Contractual Cost Estimates and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - ERM Trial Ex. 2117, #2 Exhibit B - ERM Trial Ex. 2272, #3 Exhibit C - ERM Trial Ex. 2534, #4 Exhibit D - ERM Trial Ex. 2540, #5 Exhibit E - ERM Trial Ex. 2549, #6 Exhibit F - ERM Trial Ex. 2550) Motions referred to Paul M. Warner.(Hogle, Chris)
February 1, 2016 Opinion or Order Filing 531 MEMORANDUM in Opposition re #487 MOTION in Limine and Memorandum in Support to Exclude Argument That ERM Provided a "Warranty" Re: Compass's Work or the Project Results filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - 7-31-14 Niermeyer Deposition Excerpts, #2 Exhibit B - McCarthy Deposition Excerpts, #3 Exhibit C - Brehm Deposition Excerpts, #4 Exhibit D - Zollinger Deposition Excerpts)(Hogle, Chris)
February 1, 2016 Opinion or Order Filing 530 REPLY to Response to Motion re #471 MOTION in Limine to Exclude References to the Deepwater Horizon Oil Spill in the Gulf of Mexico and the Red Butte Creek Oil Spill in Salt Lake City and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Hogle, Chris)
February 1, 2016 Opinion or Order Filing 529 REQUEST to Submit for Decision re #485 MOTION in Limine and Memorandum in Support Regarding Quantity of Sediment" Left Behind in 2006, #484 MOTION in Limine and Memorandum in Support Regarding ERM as the General Contractor, #483 MOTION in Limine and Memorandum in Support to Exclude Evidence of Salt Lake City's Obligation to Share Recovery, #486 MOTION in Limine and Memorandum in Support Regarding Specification of Claims and Parties filed by Defendant ERM WEST. (Horvat, Stephen)
February 1, 2016 Opinion or Order Filing 528 ORDER denying #417 Motion in Limine. Signed by Judge Ted Stewart on 2/1/16. (jlw)
February 1, 2016 Opinion or Order Filing 527 MEMORANDUM DECISION and Order denying #407 Motion in Limine; denying #468 Motion in Limine. Signed by Judge Dee Benson on 2/1/16. (jlw)
February 1, 2016 Opinion or Order Filing 526 MEMORANDUM DECISION granting in part and denying in part #408 Motion in Limine; granting in part and denying in part #469 Motion in Limine. To the extent that Plaintiffs intend to introduce evidence of liability insurance to prove that Defendants acted wrongfully, the Court will exclude that evidence. However, to the extent that Plaintiffs seek to introduce evidence for a purpose permitted by Rule 411, the Court will permit that evidence, provided it is relevant and not unduly prejudicial. Defendants may make appropriate objections to specific evidence at trial. Signed by Judge Ted Stewart on 2/1/16. (jlw)
February 1, 2016 Opinion or Order Filing 525 MEMORANDUM DECISION and Order denying #412 Motion in Limine; denying #426 Motion in Limine. Signed by Judge Ted Stewart on 2/1/16. (jlw)
February 1, 2016 Opinion or Order Filing 524 REPLY to Response to Motion re #486 MOTION in Limine and Memorandum in Support Regarding Specification of Claims and Parties filed by Defendant ERM WEST. (Horvat, Stephen)
February 1, 2016 Opinion or Order Filing 523 REPLY to Response to Motion re #485 MOTION in Limine and Memorandum in Support Regarding Quantity of Sediment" Left Behind in 2006 filed by Defendant ERM WEST. (Horvat, Stephen)
February 1, 2016 Opinion or Order Filing 522 REPLY to Response to Motion re #484 MOTION in Limine and Memorandum in Support Regarding ERM as the General Contractor filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Professional Services Agreement, #2 Exhibit B - Project Manual)(Horvat, Stephen)
February 1, 2016 Opinion or Order Filing 521 REPLY to Response to Motion re #483 MOTION in Limine and Memorandum in Support to Exclude Evidence of Salt Lake City's Obligation to Share Recovery filed by Defendant ERM WEST. (Horvat, Stephen)
January 28, 2016 Opinion or Order Filing 520 DOCKET TEXT ORDER granting #519 Motion to Expedite Briefing. Responses due 2/2/2016; Replies due 2/5/2016. Signed by Magistrate Judge Paul M. Warner on 1/28/2016. No attached document. (srs)
January 26, 2016 Opinion or Order Filing 519 Defendant's MOTION to Expedite Briefiing And Relief On Defendants' Expedited Pre-Trial Motion For Leave To Take Envirocon's Deposition As To Segment 3(2), Or In The Alternative, To Exclude Evidence Of Segment 3(2) Work and Costs filed by Defendants Compass Environmental, WRS Infrastructure and Environment. Motions referred to Paul M. Warner.(Scott, Justin)
January 26, 2016 Opinion or Order Filing 518 Defendant's MOTION to Expedite Defendants Compass Environmental, Inc.'s And WRS Infrastructure's Motion For Leave To Take Envirocon's Deposition As To Segment 3(2), Or In The Alternative, To Exclude Evidence Of Segment 3(2) Work And Costs filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit Deposition of Paul Fuglevand, #2 Exhibit Project Manual, #3 Exhibit Emails Re Number of Bidders, #4 Exhibit Envirocon's Bid, #5 Exhibit Notice to Proceed, #6 Exhibit Email Correspondence Between Counsel, #7 Exhibit Emails Correspondence With Envirocon) Motions referred to Paul M. Warner.(Scott, Justin)
January 26, 2016 Opinion or Order Filing 517 MEMORANDUM in Opposition re #484 MOTION in Limine and Memorandum in Support Regarding ERM as the General Contractor filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Professional Services Agreement excerpts, #2 Exhibit 2 - Work Plan excerpts, #3 Exhibit 3 - Project Manual excerpts)(Hogle, Chris)
January 26, 2016 Opinion or Order Filing 516 DOCKET TEXT ORDER granting #514 Motion to Expedite. Any opposition to the Expedited Pre-Trial Motion for Leave to Take Trial Deposition of Karen Nichols shall be filed on or before February 3, 2016. Any reply brief shall be filed on or before February 5, 2016.Signed by Magistrate Judge Paul M. Warner on 1/26/15. No attached document. (dla)
January 26, 2016 Opinion or Order Filing 515 Proposed Exhibit List Supplement to Plaintiffs' Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation.. (Hogle, Chris)
January 26, 2016 Opinion or Order Filing 514 MOTION to Expedite ERM's Motion for Expedited Briefing and Expedited Relief on its Expedited PreTrial Motion for Leave to Take Deposition of Karen Nichols and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order on ERM's Motion for Expedited Briefing and Relief) Motions referred to Paul M. Warner.(Scott, Jared)
January 26, 2016 Opinion or Order Filing 513 MOTION to Expedite Pretrial Motion for Leave to Take Trial Deposition of Karen Nichols and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - EE-CA, #2 Exhibit B - Technology Evaluation, #3 Exhibit C - 7-9-14 Hogle Email re documents, #4 Exhibit D - 8-26-14 Horvat Email to Hogle re documents, #5 Exhibit E - 9-4-14 Ltr to Hogle, #6 Exhibit F - Karen Nichols Depo Excerpts, #7 Exhibit G - 11-26-14 Email re scheduled depos, #8 Exhibit H - 1-19-16 Email from Hogle to Horvat) Motions referred to Paul M. Warner.(Scott, Jared)
January 26, 2016 Opinion or Order Filing 512 REQUEST to Submit for Decision re #420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten and Memorandum in Support , #421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson and Memorandum in Support , #423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman and Memorandum in Support , #422 MOTION to Exclude Expert Opinions of Paul Fuglevand and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
January 26, 2016 Opinion or Order Filing 511 REQUEST to Submit for Decision re #470 MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Regarding "Value" of the Oil Drain, #469 MOTION in Limine and Memorandum in Support to Exclude Evidence of Insurance Coverage, #468 MOTION in Limine and Memorandum in Support to Exclude Evidence of Compass Bankruptcy filed by Defendant ERM WEST. (Horvat, Stephen)
January 25, 2016 Opinion or Order Filing 510 MEMORANDUM in Opposition re #483 MOTION in Limine and Memorandum in Support to Exclude Evidence of Salt Lake City's Obligation to Share Recovery filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit Project Management Agreement)(Horne, Jennifer)
January 25, 2016 Opinion or Order Filing 509 RESPONSE to Motion re #491 MOTION in Limine and Memorandum in Support Regarding Quantity of "Sediment" Left Behind in 2006, #485 MOTION in Limine and Memorandum in Support Regarding Quantity of Sediment" Left Behind in 2006 filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Bolger Deposition Excerpts, #2 Exhibit 2 - Millican Deposition Excerpts, #3 Exhibit 3 - 2-17-15 T. Thompson Report, #4 Exhibit 4 - 5-22-15 T. Thompson Report, #5 Exhibit 5 - 5-22-15 M. Otten Report)(Hogle, Chris)
January 25, 2016 Opinion or Order Filing 508 RESPONSE to Motion re #486 MOTION in Limine and Memorandum in Support Regarding Specification of Claims and Parties filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Hogle, Chris)
January 25, 2016 Opinion or Order Filing 507 REPLY to Response to Motion re #421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - AOC, #2 Exhibit B - Draft Progress Report)(Horvat, Stephen)
January 25, 2016 Opinion or Order Filing 506 REPLY to Response to Motion re #470 MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Regarding "Value" of the Oil Drain filed by Defendant ERM WEST. (Horvat, Stephen)
January 25, 2016 Opinion or Order Filing 505 REPLY to Response to Motion re #469 MOTION in Limine and Memorandum in Support to Exclude Evidence of Insurance Coverage filed by Defendant ERM WEST. (Scott, Jared)
January 25, 2016 Opinion or Order Filing 504 MEMORANDUM in Opposition re #471 MOTION in Limine to Exclude References to the Deepwater Horizon Oil Spill in the Gulf of Mexico and the Red Butte Creek Oil Spill in Salt Lake City and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - KSL Articles, #3 Exhibit 3 - Documents supporting evidence of re-contamination)(Scott, Justin)
January 25, 2016 Opinion or Order Filing 503 RESPONSE to Motion re #471 MOTION in Limine to Exclude References to the Deepwater Horizon Oil Spill in the Gulf of Mexico and the Red Butte Creek Oil Spill in Salt Lake City and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - McCarthy Depo Excerpts)(Horvat, Stephen)
January 25, 2016 Opinion or Order Filing 502 REPLY to Response to Motion re #468 MOTION in Limine and Memorandum in Support to Exclude Evidence of Compass Bankruptcy filed by Defendant ERM WEST. (Scott, Jared)
January 22, 2016 Opinion or Order Filing 501 Proposed Exhibit List (Amended) by Defendant ERM WEST.. (Attachments: #1 Exhibit A - Amended Exhibit List)(Horvat, Stephen)
January 22, 2016 Opinion or Order Filing 500 REPLY to Response to Motion re #422 MOTION to Exclude Expert Opinions of Paul Fuglevand and Memorandum in Support (Amended) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Fuglevand Email with DOPL, #2 Exhibit B - 2009 Regulations - revised, #3 Exhibit C - DOF Depo Excerpts, #4 Exhibit D - 1-9-15 Fuglevand Depo Excerpts)(Scott, Jared)
January 21, 2016 Opinion or Order Filing 499 REPLY to Response to Motion re #423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Hoffman Slide 1, #2 Exhibit B - Hoffman Slide 2, #3 Exhibit C - PSA, #4 Exhibit D - Hoffman Slide 3, #5 Exhibit E - Hoffman Slide 4, #6 Exhibit F - ERM Contract - Cost Estimates (Redboxes), #7 Exhibit G - Hoffman Rebuttal Report, #8 Exhibit H - Sixth Amendment, #9 Exhibit I - DOF Tenth Amendment, #10 Exhibit J - DOF Contract, #11 Exhibit K - 1-14-15 Niermeyer Depo Excerpts, #12 Exhibit L - Contract Change Orders)(Horvat, Stephen)
January 21, 2016 Opinion or Order Filing 498 Proposed Exhibit List Second Supplemental Fed. R. Civ. P. Rule 26(a)(3) Pre-Trial Disclosures by Defendants Compass Environmental, WRS Infrastructure and Environment.. (Scott, Justin)
January 21, 2016 Opinion or Order Filing 497 REPLY to Response to Motion re #422 MOTION to Exclude Expert Opinions of Paul Fuglevand and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - DOF Depo Excerpts, #2 Exhibit B - 1-9-15 Fuglevand Depo Excerpts)(Scott, Jared)
January 21, 2016 Opinion or Order Filing 496 REPLY to Response to Motion re #420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - April 15, 2009 Email, #2 Exhibit B - SME Case)(Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 495 Plaintiff's MEMORANDUM in Opposition re #469 MOTION in Limine and Memorandum in Support to Exclude Evidence of Insurance Coverage filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Insurance Agreement)(Horne, Jennifer)
January 20, 2016 Opinion or Order Filing 494 Plaintiff's MEMORANDUM in Opposition re #468 MOTION in Limine and Memorandum in Support to Exclude Evidence of Compass Bankruptcy filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
January 20, 2016 Opinion or Order Filing 493 OBJECTIONS to #447 Witness List(Proposed), #462 Exhibit List(Proposed) filed by Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit A - Objections to Plaintiffs' Proposed Trial Exhibits)(Scott, Justin)
January 20, 2016 Opinion or Order Filing 492 REPLY to Response to Motion re #426 MOTION in Limine and Memorandum in Support to Exclude Certain Video and Photographic Evidence filed by Defendant ERM WEST. (Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 491 MOTION in Limine and Memorandum in Support Regarding Quantity of "Sediment" Left Behind in 2006 filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
January 20, 2016 Opinion or Order Filing 490 REPLY to Response to Motion re #427 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order filed by Defendant ERM WEST. (Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 489 OBJECTIONS to #447 Witness List(Proposed), #462 Exhibit List(Proposed) filed by ERM WEST. (Attachments: #1 Exhibit A - Objections)(Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 488 RESPONSE to Motion re #470 MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Regarding "Value" of the Oil Drain filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Hoffman Report)(Hogle, Chris)
January 20, 2016 Opinion or Order Filing 487 MOTION in Limine and Memorandum in Support to Exclude Argument That ERM Provided a "Warranty" Re: Compass's Work or the Project Results filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Third Amended Complaint, #2 Exhibit B - SME Case)(Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 486 MOTION in Limine and Memorandum in Support Regarding Specification of Claims and Parties filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Adams v. Dell Ruling)(Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 485 MOTION in Limine and Memorandum in Support Regarding Quantity of Sediment" Left Behind in 2006 filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Technology Evaluation, #2 Exhibit B - 1-8-15 Fuglevand Depo Excerpts, #3 Exhibit C - Drawing Index)(Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 484 MOTION in Limine and Memorandum in Support Regarding ERM as the General Contractor filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - 7-31-14 Niermeyer Depo Excerpts, #2 Exhibit B - PSA, #3 Exhibit C - Project Manual, #4 Exhibit D - AOC, #5 Exhibit E - Contractor Selection Notice)(Horvat, Stephen)
January 20, 2016 Opinion or Order Filing 483 MOTION in Limine and Memorandum in Support to Exclude Evidence of Salt Lake City's Obligation to Share Recovery filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Project Management Agreement)(Horvat, Stephen)
January 19, 2016 Opinion or Order Filing 482 REQUEST to Submit for Decision re #417 MOTION in Limine and Memorandum in Support to Exclude Evidence of Plaintiffs' Damages, #413 MOTION in Limine and Memorandum in Support to Exclude Evidence of 4-Inch Diameter Vibracore Sampler, #416 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order, #408 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Insurance, #407 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Bankruptcy, #412 MOTION in Limine and Memorandum in Support to Exclude Certain Video and Photographic Evidence filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
January 18, 2016 Opinion or Order Filing 481 Proposed Exhibit List Supplmental Fed. R. Civ. P. Rule 26(a)(3) Pre-Trial Disclosures by Defendants Compass Environmental, WRS Infrastructure and Environment.. (Scott, Justin)
January 15, 2016 Opinion or Order Filing 480 Proposed Witness List Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
January 15, 2016 Opinion or Order Filing 479 REPLY to Response to Motion re #412 MOTION in Limine and Memorandum in Support to Exclude Certain Video and Photographic Evidence filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Progress Report, #2 Exhibit 2 - Northwest Oil Drain Canal Summary Report 61+23 to 100+23, #3 Exhibit 3 - Aff. of John Mulligan, #4 Exhibit 4 - Docs supporting re-sedimentation and re-contamination of canal)(Scott, Justin)
January 15, 2016 Opinion or Order Filing 478 Proposed Exhibit List by Defendant ERM WEST.. (Attachments: #1 Exhibit A - Exhibit List)(Horvat, Stephen)
January 15, 2016 Opinion or Order Filing 477 Proposed Witness List by ERM WEST. (Horvat, Stephen)
January 15, 2016 Opinion or Order Filing 476 REPLY to Response to Motion re #413 MOTION in Limine and Memorandum in Support to Exclude Evidence of 4-Inch Diameter Vibracore Sampler filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Thompson Report, #2 Exhibit 2 - Thompson Combined Rebuttal Report, #3 Exhibit 3 - NWOD SAP and QAPP, #4 Exhibit 4 - Depo of Tim Thompson)(Scott, Justin)
January 15, 2016 Opinion or Order Filing 475 REPLY to Response to Motion re #416 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit A - Project Manual Document 00901, #2 Exhibit B - Change Order)(Scott, Justin)
January 15, 2016 Opinion or Order Filing 474 REPLY to Response to Motion re #408 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Insurance, #407 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Bankruptcy (combined Reply Memorandum) filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Joint Defense Agreement)(Scott, Justin)
January 15, 2016 Opinion or Order Filing 473 REPLY to Response to Motion re #417 MOTION in Limine and Memorandum in Support to Exclude Evidence of Plaintiffs' Damages filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit A - Louis Berger Report at 4-25, #2 Exhibit B - Bid, #3 Exhibit C - Contractor Bid Tabulation Spreadsheet)(Scott, Justin)
January 14, 2016 Opinion or Order Filing 472 Motions No Longer Referred: #471 MOTION in Limine to Exclude References to the Deepwater Horizon Oil Spill in the Gulf of Mexico and the Red Butte Creek Oil Spill in Salt Lake City and Memorandum in Support (tco)
January 14, 2016 Opinion or Order Filing 471 MOTION in Limine to Exclude References to the Deepwater Horizon Oil Spill in the Gulf of Mexico and the Red Butte Creek Oil Spill in Salt Lake City and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Excerpt from 7-29-14 Murray Deposition, #2 Exhibit B - Excerpt from 12-16-14 Pak Vol. 1 Deposition) Motions referred to Paul M. Warner.(Hogle, Chris)
January 13, 2016 Opinion or Order Filing 470 MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Regarding "Value" of the Oil Drain filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Hoffman CV, #2 Exhibit B - Hoffman Depo Excerpts, #3 Exhibit C - Complaint, #4 Exhibit D - Hoffman Slides, #5 Exhibit E - Plaintiffs' Initial Disclosures, #6 Exhibit F - 140213 Plaintiffs' Suppl Initial Disclosures, #7 Exhibit G - 140801 SLC's Suppl Damages Disclosures, #8 Exhibit H - 141215 SLC's Suppl Damages Disclosures)(Horvat, Stephen)
January 13, 2016 Opinion or Order Filing 469 MOTION in Limine and Memorandum in Support to Exclude Evidence of Insurance Coverage filed by Defendant ERM WEST. (Horvat, Stephen)
January 13, 2016 Opinion or Order Filing 468 MOTION in Limine and Memorandum in Support to Exclude Evidence of Compass Bankruptcy filed by Defendant ERM WEST. (Horvat, Stephen)
January 13, 2016 Opinion or Order Filing 467 REQUEST to Submit for Decision re #414 MOTION in Limine and Memorandum in Support , #406 MOTION in Limine and Memorandum in Support re: Evidence of Alleged Breaches of Standard of Care (Errors or Omissions) filed by Defendant ERM WEST. (Horvat, Stephen)
January 13, 2016 Opinion or Order Filing 466 REPLY to Response to Motion re #406 MOTION in Limine and Memorandum in Support re: Evidence of Alleged Breaches of Standard of Care (Errors or Omissions) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Jan 8, 2016 Hoffman Supplemental Report, #2 Exhibit B - Design Studies Report, #3 Exhibit C - Feb 15, 2011 Richard White Email, #4 Exhibit D - Notice of Intent)(Horvat, Stephen)
January 11, 2016 Opinion or Order Filing 465 ORDER granting #411 Motion in Limine to Exclude Evidence of Fraudulent Acts of Former Louis Berger Employees Unrelated to This Litigation. Signed by Judge Ted Stewart on 1/11/2016. (blh)
January 11, 2016 Opinion or Order Filing 464 MEMORANDUM DECISION and ORDER denying Without Prejudice #410 Motion in Limine Regarding Expert Fees. Signed by Judge Ted Stewart on 1/11/2016. (blh)
January 11, 2016 Opinion or Order Filing 463 ORDER granting #409 Motion in Limine to Exclude Evidence of Attorney Fees. Signed by Judge Ted Stewart on 1/11/2016. (blh)
January 8, 2016 Opinion or Order Filing 462 Proposed Exhibit List Supplement to Plaintiffs' Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation.. (Hogle, Chris)
January 7, 2016 Opinion or Order Filing 461 REPLY to Response to Motion re #415 MOTION in Limine and Memorandum in Support to Exclude Defendants' Evidence and Argument Regarding Allocation Agreement filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
January 7, 2016 Opinion or Order Filing 460 REPLY to Response to Motion re #414 MOTION in Limine and Memorandum in Support to Exclude Evidence and Argument Regarding Contractor Selection Process filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Excerpts from Project Manual)(Horvat, Stephen)
January 7, 2016 Opinion or Order Filing 459 REPLY to Response to Motion re #427 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - 2006 Change Order)(Horvat, Stephen)
January 7, 2016 Opinion or Order Filing 458 ORDER granting #454 Motion for Extension of Time; Motion for Extension of Time to File Response/Reply re #406 MOTION in Limine and Memorandum in Support re: Evidence of Alleged Breaches of Standard of Care (Errors or Omissions). (Replies due by 1/13/2016). Signed by Magistrate Judge Paul M. Warner on 1/7/2016. (blh)
January 6, 2016 Opinion or Order Filing 457 Amended MEMORANDUM in Opposition re #420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hogle, Chris) Modified by correcting filers on 1/7/2016 (blh).
January 6, 2016 Opinion or Order Filing 456 Amended MEMORANDUM in Opposition re #421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Hogle, Chris) Modified by correcting filers on 1/7/2016 (blh).
January 6, 2016 Opinion or Order Filing 455 Amended MEMORANDUM in Opposition re #406 MOTION in Limine and Memorandum in Support re: Evidence of Alleged Breaches of Standard of Care (Errors or Omissions) filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Excerpts from Millican deposition, #2 Exhibit B - Excerpts from Otten Vol. 2 deposition, #3 Exhibit C - Excerpts from T. Thompson Vols. 1 and 2 depositions, #4 Exhibit D - Excerpts from Briggs deposition, #5 Exhibit E - Excerpts from Battistoni deposition, #6 Exhibit F - Excerpts from Poma deposition, #7 Exhibit G - Excerpts from Bolger deposition, #8 Exhibit H - Excerpts from Knight deposition)(Hogle, Chris)
January 6, 2016 Opinion or Order Filing 454 Stipulated MOTION for Extension of Time on Damages Disclosures and Reply Brief filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. Motions referred to Paul M. Warner.(Peck, Ashley). Added MOTION for Extension of Time to File Response/Reply on 1/7/2016 (blh).
January 4, 2016 Opinion or Order Filing 453 MEMORANDUM in Opposition re #421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson and Memorandum in Support filed by Plaintiffs Salt Lake City Corporation, BP Products North America, Chevron USA Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hogle, Chris) Modified by adding additional plaintiffs as filers on 1/5/2016 (blh).
January 4, 2016 Opinion or Order Filing 452 ERRATA to #447 Witness List (Proposed) filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation . (Peck, Ashley)
January 4, 2016 Opinion or Order Filing 451 MEMORANDUM in Opposition re #422 MOTION to Exclude Expert Opinions of Paul Fuglevand and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - 1-14-13 Plaintiffs' Initial Disclosures, #2 Exhibit B - Excerpts from 1-8-15 Fuglevand Deposition, #3 Exhibit C - Excerpts from 1-9-15 Fuglevand Deposition, #4 Exhibit D - 11-20-09 Letter to Paul Fuglevand, #5 Exhibit E - 2-17-15 Plaintiffs' Disclosures, #6 Exhibit F - 12-29-14 Compass' 30(b)(6) Notice, #7 Exhibit G - 12-22-14 ERM's Notice of 30(b)(6) DOF Deposition, #8 Exhibit H - 4-21-15 WRS-Compass Expert Disclosures, #9 Exhibit I - Excerpts from Del Knight Deposition, #10 Exhibit J - Deposition Ex. 710, #11 Exhibit K - Fuglevand Utah DOPL License Verification, #12 Exhibit L - Deposition Ex. 640, #13 Exhibit M - Excerpts from Louis Berger Report, #14 Exhibit N - 5-5-15 C. Hogle email, #15 Exhibit O - 5-6-15 S. Horvat email, #16 Exhibit P - 5-14-15 C. Hogle email)(Hogle, Chris)
January 4, 2016 Opinion or Order Filing 450 MEMORANDUM in Opposition re #423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - 6-8-05 Amendment No. 1 to PSA, #2 Exhibit B - 4-4-06 Second Amendment to PSA, #3 Exhibit C - 10-20-08 Amendment No. 3 to PSA, #4 Exhibit D - 2-17-15 Hoffman Expert Witness Report, #5 Exhibit E - 4-21-15 Kilbourne Expert Witness Report, #6 Exhibit F - 5-22-15 Hoffman Expert Witness Rebuttal Report)(Hogle, Chris)
January 4, 2016 Opinion or Order Filing 449 Plaintiff's MEMORANDUM in Opposition re #420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Opening Report, #2 Exhibit B - Combined Rebuttal Report)(Hogle, Chris)
January 4, 2016 Opinion or Order Filing 448 REPLY to Response to Motion re #405 MOTION in Limine and Memorandum in Support to Exclude Evidence and Argument That ERM Had No Duty to Ensure All Project Requirements are Met filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
December 30, 2015 Opinion or Order Filing 447 Proposed Witness List Plaintiffs' Fed. R. Civ. P. 26(a)(3) Pre-Trial Disclosures by BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Hogle, Chris)
December 23, 2015 Opinion or Order Filing 446 Plaintiff's MOTION for Extension of Time Deadline for Supplementing Damages Expert Report filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. Motions referred to Paul M. Warner.(Peck, Ashley)
December 21, 2015 Opinion or Order Filing 445 MEMORANDUM in Opposition re #408 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Insurance, #407 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Bankruptcy filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Declaration in Support of First Day Pleadings, #2 Exhibit B - Ex. B to Debtor's Expedited Motion, #3 Exhibit C - 8/6/14 J. Scott email to C. Hogle w/out attachments, #4 Exhibit D - 9/16/14 J. Scott email to C. Hogle, #5 Exhibit E - Deposition of Brian Finn)(Horne, Jennifer)
December 21, 2015 Opinion or Order Filing 444 MEMORANDUM in Opposition re #417 MOTION in Limine and Memorandum in Support to Exclude Evidence of Plaintiffs' Damages filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
December 21, 2015 Opinion or Order Filing 443 EXHIBITS filed by Salt Lake City Corporation, BP Products North America, Chevron USA Inc re #442 Exhibits, #441 Memorandum in Opposition to Motion (Attachments: #1 Exhibit E - Depo. Ex. 24, #2 Exhibit F - WRS-Compass' 4-21-15 Expert Discl.)(Hogle, Chris) Modified by adding two additional plaintiffs as filers on 12/22/2015 (blh).
December 21, 2015 Opinion or Order Filing 442 EXHIBITS filed by Salt Lake City Corporation, BP Products North America, Chevron USA Inc re #441 Memorandum in Opposition to Motion (Attachments: #1 Exhibit D - 7-15-05 Wilson letter)(Hogle, Chris) Modified by adding two additional plaintiffs as filers on 12/22/2015 (blh).
December 21, 2015 Opinion or Order Filing 441 MEMORANDUM in Opposition re #416 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order, #427 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order filed by Plaintiffs Salt Lake City Corporation, BP Products North America, Chevron USA Inc (Attachments: #1 Exhibit A - Excerpts from Briggs deposition, #2 Exhibit B - Excerpts from Wilson deposition, #3 Exhibit C - Excerpts from Battistoni deposition)(Hogle, Chris) Modified by adding two additional plaintiffs as filers on 12/22/2015 (blh).
December 21, 2015 Opinion or Order Filing 440 EXHIBITS filed by Salt Lake City Corporation re #438 Memorandum in Opposition to Motion,. (Attachments: #1 Exhibit E - Excerpts from Battistoni deposition, #2 Exhibit F - Excerpts from Poma deposition, #3 Exhibit G - Excerpts from Bolger deposition, #4 Exhibit H - Excerpts from Knight deposition)(Hogle, Chris)
December 21, 2015 Opinion or Order Filing 439 Plaintiff's MEMORANDUM in Opposition re #413 MOTION in Limine and Memorandum in Support to Exclude Evidence of 4-Inch Diameter Vibracore Sampler filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
December 21, 2015 Opinion or Order Filing 438 MEMORANDUM in Opposition re #406 MOTION in Limine and Memorandum in Support re: Evidence of Alleged Breaches of Standard of Care (Errors or Omissions) filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Excerpts from Millican deposition, #2 Exhibit B - Excerpts from Otten deposition, #3 Exhibit C - Excerpts from T. Thompson deposition, #4 Exhibit D - Excerpts from Briggs deposition)(Hogle, Chris)
December 21, 2015 Opinion or Order Filing 437 Plaintiff's MEMORANDUM in Opposition re #414 MOTION in Limine and Memorandum in Support to Exclude Evidence and Argument Regarding Contractor Selecton Process filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
December 21, 2015 Opinion or Order Filing 436 Plaintiff's MEMORANDUM in Opposition re #426 MOTION in Limine and Memorandum in Support to Exclude Certain Video and Photographic Evidence filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
December 18, 2015 Opinion or Order Filing 435 MEMORANDUM in Opposition re #415 MOTION in Limine and Memorandum in Support to Exclude Defendants' Evidence and Argument Regarding Allocation Agreement filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - EE-CA, #2 Exhibit B - Technology Evaluation, #3 Exhibit C - Hoffman Slides, #4 Exhibit D - AOC, #5 Exhibit E - Hoffman Report, #6 Exhibit F - Cash Call Receipts, #7 Exhibit G - Cash Call Letters, #8 Exhibit H - Allocation Agreement, #9 Exhibit I - Kevin Murray Depo Excerpts, #10 Exhibit J - 030813 Niermeyer Email to Russ, #11 Exhibit K - 111017 Pak Email, #12 Exhibit L - Pak Depo Excerpts, #13 Exhibit M - Project Management Agreement, #14 Exhibit N - Niermeyer Depo Excerpts, #15 Exhibit O - Financial Assurance Docs, #16 Exhibit P - Interlocal Coop Agreement, #17 Exhibit Q - Amendment to Interlocal Coop Agreement)(Horvat, Stephen)
December 17, 2015 Opinion or Order Filing 434 ORDER granting #433 Motion for Extension of Time to File Response/Reply re: documents 406-414 and 416-417 MOTIONS in Limine. Responses due by 12/21/2015. ERM Replies due by 1/7/2016, Compass and WRS Replies due by 1/15/2016. Signed by Judge Ted Stewart on 12/17/2015. (blh)
December 17, 2015 Opinion or Order Filing 433 Stipulated MOTION for Extension of Time and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Scott, Justin) Modified by changing event type to Motion for Extension of Time to File Response/Reply on 12/17/2015 (blh).
December 16, 2015 Opinion or Order Filing 432 REQUEST to Submit for Decision re #404 MOTION to Compel Expert Discovery Regarding Mark Otten and Memorandum in Support filed by Defendant ERM WEST. (Scott, Jared)
December 16, 2015 Opinion or Order Filing 431 REPLY to Response to Motion re #404 MOTION to Compel Expert Discovery Regarding Mark Otten and Memorandum in Support filed by Defendant ERM WEST. (Scott, Jared)
December 15, 2015 Opinion or Order Filing 430 MEMORANDUM in Opposition re #405 MOTION in Limine and Memorandum in Support to Exclude Evidence and Argument That ERM Had No Duty to Ensure All Project Requirements are Met filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - EE-CA, #2 Exhibit B - Technology Evaluation, #3 Exhibit C - PSA, #4 Exhibit D - Notice of Solicitation, #5 Exhibit E- Niermeyer Email to Russ, #6 Exhibit F - ERM's Motion to Dismiss Agency Claim, #7 Exhibit G - Hoffman Slides, #8 Exhibit H - 073114 Niermeyer Depo Excerpts)(Horvat, Stephen)
December 9, 2015 Opinion or Order Filing 429 Motions No Longer Referred: #420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten and Memorandum in Support , #421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson and Memorandum in Support , #423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman and Memorandum in Support , #422 MOTION to Exclude Expert Opinions of Paul Fuglevand and Memorandum in Support (tco)
December 9, 2015 Opinion or Order Filing 428 ORDER granting #425 Motion for Extension of Time to File Response/Reply re #405 MOTION in Limine to Exclude Evidence and Argument That ERM Had No Duty to Ensure All Project Requirements are Met, #420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten, #421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson, #422 MOTION to Exclude Expert Opinions of Paul Fuglevand, #423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman. ERM's response due by 12/15/2015; Plaintiff's responses due by 1/4/2016. Signed by Judge Ted Stewart on 12/9/2015. (blh)
December 8, 2015 Opinion or Order Filing 427 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order filed by Defendant ERM WEST. (Horvat, Stephen)
December 8, 2015 Opinion or Order Filing 426 MOTION in Limine and Memorandum in Support to Exclude Certain Video and Photographic Evidence filed by Defendant ERM WEST. (Horvat, Stephen)
December 8, 2015 Opinion or Order Filing 425 Stipulated MOTION for Extension of Time and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen) Modified by changing event type to Motion for Extension of Time to File Response/Reply on 12/9/2015 (blh).
December 7, 2015 Opinion or Order Filing 424 EXHIBITS filed by ERM WEST re #423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman and Memorandum in Support . (Attachments: #1 Exhibit I - DOF Invoices, #2 Exhibit J - Plfs' Disclosures, #3 Exhibit K - Hoffman Rebuttal Report, #4 Exhibit L - Summary of Economic Impact, #5 Exhibit M - Decl of Mark Otten, #6 Exhibit N - Hoffman Powerpoint Slide)(Horvat, Stephen)
December 7, 2015 Opinion or Order Filing 423 MOTION to Exclude Expert Opinion Testimony of Richard Hoffman and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - EE-CA, #2 Exhibit B - Technology Evaluation, #3 Exhibit C - PSA, #4 Exhibit D - Hoffman Depo Excerpts, #5 Exhibit E - ERM Invoices, #6 Exhibit F - Kilbourne Report, #7 Exhibit G - Contract Amendments, #8 Exhibit H - Hoffman Report) Motions referred to Paul M. Warner.(Horvat, Stephen)
December 7, 2015 Opinion or Order Filing 422 MOTION to Exclude Expert Opinions of Paul Fuglevand and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Not of 30b6 Depo of DOF, #2 Exhibit B - Decl of S. Horvat, #3 Exhibit C - 7-10-14 Defs Email to Plaintiff, #4 Exhibit D - Fuglevand Depo Excerpts, #5 Exhibit E - Letter from Court Reporter, #6 Exhibit F - Plf's Expert Disclosure, #7 Exhibit G - Decl of Fuglevand, #8 Exhibit H - EE-CA, #9 Exhibit I - Technology Evaluation) Motions referred to Paul M. Warner.(Horvat, Stephen)
December 7, 2015 Opinion or Order Filing 421 MOTION to Exclude Expert Opinion Testimony of Timothy Thompson and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - EE-CA, #2 Exhibit B - Technology Evaluation, #3 Exhibit C - Thompson Opening Report, #4 Exhibit D - PSA, #5 Exhibit E - Thompson Depo, #6 Exhibit F - Simon Report, #7 Exhibit G - SAP/QAPP) Motions referred to Paul M. Warner.(Horvat, Stephen)
December 7, 2015 Opinion or Order Filing 420 MOTION to Exclude Portions of the Expert Testimony of Mark Otten and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - EE-CA, #2 Exhibit B - Technology Evaluation, #3 Exhibit C - Otten Initial Report, #4 Exhibit D - Otten Rebuttal Report, #5 Exhibit E - PSA, #6 Exhibit F - Otten Depo Excerpts, #7 Exhibit G - Project Manual, #8 Exhibit H - Bid Tabulation Spreadsheet, #9 Exhibit I - SAP/QAPP, #10 Exhibit J - Emails between William and Wilson, #11 Exhibit K - Emails between Wilson and Working Group, #12 Exhibit L - Emails between Wilson and Williams, #13 Exhibit M - Prequalification Document, #14 Exhibit N - Invitation to Prequalification Gen Contractors, #15 Exhibit O - Work Plan, #16 Exhibit P - Letter from Murray to EPA) Motions referred to Paul M. Warner.(Horvat, Stephen)
December 4, 2015 Opinion or Order Filing 419 NOTICE OF HEARING: Final Pretrial Conference set for 2/16/2016 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. (rlr)
December 3, 2015 Opinion or Order Filing 418 MEMORANDUM in Opposition re #404 MOTION to Compel Expert Discovery Regarding Mark Otten and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hogle, Chris)
December 1, 2015 Opinion or Order Filing 417 MOTION in Limine and Memorandum in Support to Exclude Evidence of Plaintiffs' Damages filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Doc. 00305, #2 Exhibit 2 - Removal Action Work Plan, #3 Exhibit 3 - Compass's Contractor Work Plan Proposal, #4 Exhibit 4 - Lloyd Dunlap Dep. 163-165, #5 Exhibit 5 - Plaintiffs' Supp. Damages Disclosures as to Compass, #6 Exhibit 6 - Draft Engineering Feasibility Study, #7 Exhibit 7 - Description of Remedial Work, #8 Exhibit 8 - Louis Berger Report, p. 5-13)(Scott, Justin)
December 1, 2015 Opinion or Order Filing 416 MOTION in Limine and Memorandum in Support to Exclude Parol Evidence Leading up to the 2006 Change Order filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Project Manual 00020, 00500, #2 Exhibit 2 - Contractor Work Plan, #3 Exhibit 3 - Final Report, #4 Exhibit 4 - Request for Change, #5 Exhibit 5 - Emails and correspondence re Request for Change, #6 Exhibit 6 - Letter dated 4.19.2005, #7 Exhibit 7 - Engineering Construction Change Order)(Scott, Justin)
December 1, 2015 Opinion or Order Filing 415 MOTION in Limine and Memorandum in Support to Exclude Defendants' Evidence and Argument Regarding Allocation Agreement filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Interlocal Cooperation Agreement, #2 Exhibit B - Project Management Agreement, #3 Exhibit C - First Amendment to Interlocal Cooperation Agreement)(Horne, Jennifer)
December 1, 2015 Opinion or Order Filing 414 MOTION in Limine and Memorandum in Support to Exclude Evidence and Argument Regarding Contractor Selection Process filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Niermeyer Depo Excerpts, #2 Exhibit B - Niermeyer Fax to Wilson, #3 Exhibit C - UCA 11-39-103, #4 Exhibit D - SLC Procurement Code 1, #5 Exhibit E - SLC Procurement Rules, #6 Exhibit F - Bid Tabulation Spreadsheet, #7 Exhibit G - Otten Report, #8 Exhibit H - Otten Depo Excerpts, #9 Exhibit I - Plfs' Rebuttal Disclosure)(Horvat, Stephen) Modified by adding motion description on 12/1/2015 (blh).
December 1, 2015 Opinion or Order Filing 413 MOTION in Limine and Memorandum in Support to Exclude Evidence of 4-Inch Diameter Vibracore Sampler filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - SAP.QAPP, #2 Exhibit 2 - Thompson Report, #3 Exhibit 3 - Otten Report)(Scott, Justin)
December 1, 2015 Opinion or Order Filing 412 MOTION in Limine and Memorandum in Support to Exclude Certain Video and Photographic Evidence filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Progress Report, #2 Exhibit 2 - Analysis of EarthFax Sediment Probe Data, #3 Exhibit 3 - EarthFax 8.26.2008 Report)(Scott, Justin)
December 1, 2015 Opinion or Order Filing 411 MOTION in Limine and Memorandum in Support to Exclude Evidence of Fraudulent Acts of Former Louis Berger Employees Unrelated to This Litigation filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Aff. of John Mulligan, #2 Exhibit 2 - Aff. of Scott Thompson, #3 Exhibit 3 - Disclosure Statement - Louis Berger Group)(Scott, Justin)
December 1, 2015 Opinion or Order Filing 410 MOTION in Limine and Memorandum in Support Regarding Expert Fees filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
December 1, 2015 Opinion or Order Filing 409 MOTION in Limine and Memorandum in Support to Exclude Evidence of Attorney Fees filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
December 1, 2015 Opinion or Order Filing 408 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Insurance filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
December 1, 2015 Opinion or Order Filing 407 MOTION in Limine and Memorandum in Support to Exclude Evidence of Defendants' Bankruptcy filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
November 30, 2015 Opinion or Order Filing 406 MOTION in Limine and Memorandum in Support re: Evidence of Alleged Breaches of Standard of Care (Errors or Omissions) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Otten Expert Report, #2 Exhibit B - Professional Services Agreement, #3 Exhibit C - Otten Deposition Excerpts, #4 Exhibit D - T. Thompson Deposition Excerpts, #5 Exhibit E - Hoffman Deposition Excerpts)(Horvat, Stephen)
November 23, 2015 Opinion or Order Filing 405 MOTION in Limine and Memorandum in Support to Exclude Evidence and Argument That ERM Had No Duty to Ensure All Project Requirements are Met filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Excerpts from Simon Expert Report, #2 Exhibit B - Excerpts from Stevens Expert Report, #3 Exhibit C - Excerpts from Palermo Expert Report)(Hogle, Chris)
November 16, 2015 Opinion or Order Filing 404 MOTION to Compel Expert Discovery Regarding Mark Otten and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Stipulated Scheduling Order, #2 Exhibit B - Appendix to Otten Report, #3 Exhibit C - Excerpts from Otten Depo, #4 Exhibit D - Otten Report, #5 Exhibit E - Otten Supplemental Report, #6 Exhibit F - Page 69 of Otten Rebuttal Report, #7 Exhibit G - Replacement Page, #8 Exhibit H - ERM's 5th RFP of Documents, #9 Exhibit I - Sept 11, 2015 Horvat Email to SLC Counsel, #10 Exhibit J - Oct 1, 2015 Hogle Email to Horvat, #11 Exhibit K - SLC Resp to 5th RFP of Documents, #12 Exhibit L - Windowizards v. Charter Oak) Motions referred to Paul M. Warner.(Horvat, Stephen)
August 11, 2015 Opinion or Order Filing 403 ANSWER to #400 Amended Complaint, with Jury Demand filed by Compass Environmental, WRS Infrastructure and Environment.(Scott, Justin)
July 28, 2015 Opinion or Order Filing 402 EXHIBITS filed by Salt Lake City Corporation, BP Products North America, Chevron USA Inc re #401 Exhibits, #400 Amended Complaint,. (Attachments: #1 Exhibit 4 - Compass bid, #2 Exhibit 5 - SAP and QAPP)(Hogle, Chris) Modified by adding two additional plaintiffs as filers on 7/29/2015 (blh).
July 28, 2015 Opinion or Order Filing 401 EXHIBITS filed by Salt Lake City Corporation, BP Products North America, Chevron USA Inc re #400 Amended Complaint. (Attachments: #1 Exhibit 3 Part 2 - Project Manual, #2 Exhibit 3 Part 3 - Project Manual)(Hogle, Chris) Modified by adding two additional plaintiffs as filers on 7/29/2015 (blh).
July 28, 2015 Opinion or Order Filing 400 AMENDED COMPLAINT (Third) against All Defendants., filed by Salt Lake City Corporation, BP Products North America, Chevron USA Inc. (Attachments: #1 Exhibit 1 - Professional Services Agreement, #2 Exhibit 2 - 1-15-04 Letter, #3 Exhibit 3 Part 1 - Project Manual) (Hogle, Chris) Modified by adding two additional plaintiffs as filers on 7/29/2015 (blh).
July 28, 2015 Opinion or Order Filing 399 NOTICE of Change of Address by Compass Environmental, WRS Infrastructure and Environment (Scott, Justin)
July 28, 2015 Opinion or Order Filing 398 REQUEST to Submit for Decision re #373 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum i filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
July 27, 2015 Opinion or Order Filing 397 REQUEST to Submit for Decision re #363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum, #271 MOTION to Compel Plaintiffs to Produce Documents and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
July 27, 2015 Opinion or Order Filing 396 MEMORANDUM DECISION and ORDER denying #285 Motion for Summary Judgment. The hearing set for August 5, 2015, is stricken. Signed by Judge Ted Stewart on 7/27/2015. (blh)
July 14, 2015 Opinion or Order Filing 395 REPLY to Response to Motion re #373 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum i filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
July 14, 2015 Opinion or Order Filing 394 REPLY to Response to Motion re #363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum filed by Defendant ERM WEST. (Horvat, Stephen)
July 14, 2015 Opinion or Order Filing 393 MEMORANDUM DECISION and ORDER denying #284 Motion for Partial Summary Judgment. Signed by Judge Ted Stewart on 7/14/2015. (blh)
July 14, 2015 Opinion or Order Filing 392 MEMORANDUM DECISION and ORDER granting in part and denying in part #282 Motion for Summary Judgment. Signed by Judge Ted Stewart on 7/14/2015. (blh)
July 14, 2015 Opinion or Order Filing 391 MEMORANDUM DECISION and ORDER denying #286 Motion for Partial Summary Judgment. Signed by Judge Ted Stewart on 7/14/2015. (blh)
July 14, 2015 Opinion or Order Filing 390 MEMORANDUM DECISION and ORDER denying #279 Motion for Partial Summary Judgment; denying #283 Motion for Partial Summary Judgment. Signed by Judge Ted Stewart on 7/14/2015. (blh)
July 14, 2015 Opinion or Order Filing 389 MEMORANDUM DECISION and ORDER denying #278 Motion for Partial Summary Judgment. Signed by Judge Ted Stewart on 7/14/2015. (blh)
July 13, 2015 Opinion or Order Filing 388 ORDER denying #287 Motion for Summary Judgment; denying #288 Motion for Summary Judgment; denying #289 Motion for Summary Judgment; denying #384 Motion for Leave to File. Signed by Judge Ted Stewart on 7/13/2015. (blh)
July 13, 2015 Opinion or Order Filing 387 Motions No Longer Referred: #384 MOTION for Leave to File Supplemental Reply Memorandum in Support of ERM's Motion for Summary Judgment for Lack of Damages and Memorandum in Support (tco)
July 13, 2015 Opinion or Order Filing 386 ORDER granting #383 Motion for Extension of Time to File Response/Reply re #373 MOTION to Exclude, #363 MOTION to Exclude. Replies due by 7/14/2015. Signed by Magistrate Judge Paul M. Warner on 7/10/2015. (blh)
July 13, 2015 Opinion or Order Filing 385 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 2/16/2016 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 18 Day Jury Trial set for 2/29/2016 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Paul M. Warner on 7/10/2015. (blh)
July 10, 2015 Opinion or Order Filing 384 MOTION for Leave to File Supplemental Reply Memorandum in Support of ERM's Motion for Summary Judgment for Lack of Damages and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Supplemental Reply Memo) Motions referred to Paul M. Warner.(Horvat, Stephen)
July 8, 2015 Opinion or Order Filing 383 Stipulated MOTION for Extension of Time to file Defendants' Reply Memorandum to Motion to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Proposed Order)) Motions referred to Paul M. Warner.(Horvat, Stephen) Modified by changing event type to Motion for Extension of Time to File Response/Reply on 7/8/2015 (blh).
June 25, 2015 Opinion or Order Filing 382 DOCKET TEXT ORDER denying #381 Motion for Leave to File. Signed by Judge Ted Stewart on 6/25/2015. No attached document. (tco)
June 23, 2015 Opinion or Order Filing 381 MOTION for Leave to File Response to ERM's Reply Memorandum in Support of ERM's Evidentiary Objections (Motion for Summary Judgment on Lack of Damages) filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Response to ERM's Reply Memorandum, etc.) Motions referred to Paul M. Warner.(Hogle, Chris)
June 22, 2015 Opinion or Order Filing 380 AFFIDAVIT/DECLARATION of Christopher R. Hogle in Opposition re #363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum, #373 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum i filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
June 22, 2015 Opinion or Order Filing 379 MEMORANDUM in Opposition re #363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum, #373 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum i filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - May 14, 2015 Email, #2 Exhibit B - Fuglevand Dep Jan 9, #3 Exhibit C - Compass 30(b)(6) Notice, #4 Exhibit D - Fuglevand Depo Jan 8, #5 Exhibit E - ERM 30(b)(6) Notice, #6 Exhibit F - Request for Proposal, #7 Exhibit G - Plaintiffs' Expert Disclosures, #8 Exhibit H - Depo Exhibit 640, #9 Exhibit I - 2011 Project Manual Excerpts, #10 Exhibit J - Subpoena to DOF, #11 Exhibit K - Compass Expert Disclosures)(Horne, Jennifer)
June 18, 2015 Opinion or Order Filing 378 Joint MOTION for Scheduling Order Amended Scheduling Order filed by Plaintiff Salt Lake City Corporation. Motions referred to Paul M. Warner.(Hogle, Chris)
June 15, 2015 Opinion or Order Filing 377 ORDER granting #375 Motion for Extension of Time to File Response/Reply re #373 , #363 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum. Responses due by 6/22/2015. Signed by Magistrate Judge Paul M. Warner on 6/15/2015. (blh)
June 12, 2015 Opinion or Order Filing 376 RESPONSE re #371 Reply Memorandum/Reply to Response to Motion,(for Summary Jugment on Lack of Damages) filed by ERM WEST. (Attachments: #1 Exhibit A (Otten Depo), #2 Exhibit B (Hoffman Report), #3 Exhibit C (PSA), #4 Exhibit D (Kilbourne Report), #5 Exhibit E (Hoffman Depo), #6 Exhibit F (Otten Report))(Horvat, Stephen)
June 12, 2015 Opinion or Order Filing 375 Stipulated MOTION for Extension of Time to File Response/Reply as to #363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum, #373 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum i filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(Hogle, Chris)
June 10, 2015 Opinion or Order Deadlines/Hearings terminated. The final pretrial conference set for 7/27/2015 and the trial set to begin 8/10/2015 are STRICKEN per entry 374. Counsel are directed to confer and contact the Court with a new suggested trial date that is after October 1, 2015. (rlr)
June 9, 2015 Opinion or Order Filing 374 NOTICE OF HEARING ON MOTION re: #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages, #289 MOTION for Summary Judgment and Memorandum in Support , #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #285 MOTION for Summary Judgment and Memorandum in Support , #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations, #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure, #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #288 MOTION for Summary Judgment and Memorandum in Support , #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability, #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006 : (Notice generated by Chambers (rlr)). Motion Hearing set for 8/5/2015 at 09:00 AM in Rm 8.300 before Judge Ted Stewart. NOTE TO COUNSEL: The 3-week trial set to begin 8/10/2015 will be rescheduled due to a conflict with a criminal trial set during the same time period. Counsel is directed to confer and contact the Court with a suggested trial date that is after October 1, 2015. (rlr)
June 1, 2015 Opinion or Order Filing 373 MOTION to Exclude Paul Fuglevand's Expert Opinions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. Motions referred to Paul M. Warner.(Scott, Justin)
June 1, 2015 Opinion or Order Filing 372 ORDER granting #361 Motion for Leave to File. Signed by Judge Ted Stewart on 6/1/2015. (blh)
May 29, 2015 Opinion or Order Filing 371 REPLY to Response to Motion re #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
May 29, 2015 Opinion or Order Filing 370 REQUEST to Submit for Decision re #361 MOTION for Leave to File Overlength Reply Memoranda on Motion for Summary Judgment Regarding Waiver for Lack of Notice and Opportunity to Cure [E.C.F. No. 285]; Motion for Partial Summary Judgment on Plaintiffs' Claims Arising Before April 4, 200 filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
May 29, 2015 Opinion or Order Filing 369 REPLY to Response to Motion re #361 MOTION for Leave to File Overlength Reply Memoranda on Motion for Summary Judgment Regarding Waiver for Lack of Notice and Opportunity to Cure [E.C.F. No. 285]; Motion for Partial Summary Judgment on Plaintiffs' Claims Arising Before April 4, 200 filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
May 29, 2015 Opinion or Order Filing 368 RESPONSE to Motion re #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006 filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
May 29, 2015 Opinion or Order Filing 367 REPLY to RESPONSE to Motion re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Disclosure of Witnesses who may Present Expert Evidence)(Horne, Jennifer) Modified by correcting document type text on 5/29/2015 (blh).
May 29, 2015 Opinion or Order Filing 366 RESPONSE to Motion re #285 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
May 28, 2015 Opinion or Order Filing 365 RESPONSE to Motion re #361 MOTION for Leave to File Overlength Reply Memoranda on Motion for Summary Judgment Regarding Waiver for Lack of Notice and Opportunity to Cure [E.C.F. No. 285]; Motion for Partial Summary Judgment on Plaintiffs' Claims Arising Before April 4, 200 filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
May 28, 2015 Opinion or Order Filing 364 AFFIDAVIT/DECLARATION of Stephen P. Horvat in Support re #363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum filed by Defendant ERM WEST. (Horvat, Stephen)
May 28, 2015 Opinion or Order Filing 363 MOTION to Exclude Paul Fuglevand's Expert Opinnions and, in the Alternative, Motion to Compel Plaintiffs to Provide Expert Report or Supplemented Rule 26 Disclosures and to Compel Paul Fuglevand to Appear for an Expert Deposition and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (04-28-15 Horvat Email to Hogle), #2 Exhibit B (05-04-15 Hogle Email to Horvat), #3 Exhibit C (05-05-15 Horvat Email to Hogle), #4 Exhibit D (05-06-15 Horvat Email to Hogle), #5 Exhibit E (07-10-14 Defs Email to Plf), #6 Exhibit F (05-14-15 Hogle Email to Defs), #7 Exhibit G (05-14-15 Horvat Email to Hogle), #8 Exhibit H (05-14-15 Hogle Email to Horvat), #9 Exhibit I (Not of 30(b)(6) Depo of DOF), #10 Exhibit J (02-17-15 Plfs' Expert Discl), #11 Exhibit K (03-09-15 DOF Ltr to Holland & Hart)) Motions referred to Paul M. Warner.(Horvat, Stephen)
May 28, 2015 Opinion or Order Filing 362 REQUEST to Submit for Decision re #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure, #285 MOTION for Summary Judgment and Memorandum in Support , #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006, #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
May 28, 2015 Opinion or Order Filing 361 MOTION for Leave to File Overlength Reply Memoranda on Motion for Summary Judgment Regarding Waiver for Lack of Notice and Opportunity to Cure [E.C.F. No. 285]; Motion for Partial Summary Judgment on Plaintiffs' Claims Arising Before April 4, 2006 [E.C.F. No. 284]; and Motion for Summary Judgment Regarding Damages [E.C.F. No. 289] and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Text of Proposed Order Proposed Order re Motion to File Overlength Reply Memoranda) Motions referred to Paul M. Warner.(Scott, Justin)
May 22, 2015 Opinion or Order Filing 360 REPLY to Response to Motion re #289 MOTION for Summary Judgment and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Excerpt of Battistoni Dep., #2 Exhibit 2 - Excerpt of Bolger Dep.)(Scott, Justin)
May 22, 2015 Opinion or Order Filing 359 REPLY to Response to Motion re #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006 filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - ERM006382, #2 Exhibit 2 - ERM006562, ERM006564, #3 Exhibit 3 - ERM005607-ERM005612, #4 Exhibit 4 - Final Report ERM062519-20, #5 Exhibit 5 - Battistoni Depo., at 54-55, #6 Exhibit 6 - Compasss Work Proposal dated February 10, 2004, ERM064527, #7 Exhibit 7 - Project Manual, Section 02315, 3.4(E), #8 Exhibit 8 - Addendum No. 1 to the Project Manual, 2.7(I), #9 Exhibit 9 - SAP QAPP, #10 Exhibit 10 - E-mail from ERM to the Working Group, WG0051541, #11 Exhibit 11 - Letter dated Aug. 30, 2004, ERM001422-1428, #12 Exhibit 12 - Final Report, #13 Exhibit 13 - Dave Wilson Depo., pp. 43-45, 74, #14 Exhibit 14 - Pat Bolger Depo., pp. 34-35)(Scott, Justin)
May 22, 2015 Opinion or Order Filing 358 NOTICE of Joinder in ERM-West Inc.'s Reply in Support of Motion for Partial Summary Judgment Re Segment 3(2) Costs by Compass Environmental, WRS Infrastructure and Environment re #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages (Scott, Justin)
May 22, 2015 Opinion or Order Filing 357 REQUEST for Oral Argument re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability, #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Defendant ERM WEST. (Horvat, Stephen)
May 22, 2015 Opinion or Order Filing 356 REQUEST to Submit for Decision re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability, #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Defendant ERM WEST. (Horvat, Stephen)
May 22, 2015 Opinion or Order Filing 355 REPLY to Response to Motion re #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (RFP), #2 Exhibit B (Compass Performance Bond), #3 Exhibit C (Niermeyer Depo Excerpts), #4 Exhibit D (Change Order), #5 Exhibit E (Work Plan))(Horvat, Stephen)
May 22, 2015 Opinion or Order Filing 354 REPLY to Response to Motion re #285 MOTION for Summary Judgment and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Plaintiffs' Response to Compass/WRS Request for Admission No. 22, #2 Exhibit 2 - Emails, #3 Exhibit 3 - Dep. of David Wilson,255, #4 Exhibit 4 - Document 00120, 1.1(B), #5 Exhibit 5 - Project emails, #6 Exhibit 6 - ERM013831, #7 Exhibit 7 - Final Report Review, WG0053110, WG0052897)(Scott, Justin)
May 22, 2015 Opinion or Order Filing 353 REPLY to Response to Motion re #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Minutes of Project Mobilization Meeting, #2 Exhibit B - Jan 5, 2004 City's Counsel Memo)(Horvat, Stephen)
May 22, 2015 Opinion or Order Filing 352 REPLY to Response to Motion re #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability filed by Defendant ERM WEST. (Horvat, Stephen)
May 22, 2015 Opinion or Order Filing 351 REPLY to Response to Motion re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs filed by Defendant ERM WEST. (Horvat, Stephen)
May 22, 2015 Opinion or Order Filing 350 REPLY to Response to Motion re #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Compass Shareholder Data)(Scott, Justin)
May 21, 2015 Opinion or Order Filing 349 NOTICE of Appearance by Steven G. Jones on behalf of All Plaintiffs (Jones, Steven)
May 18, 2015 Opinion or Order Filing 348 ORDER granting #347 Motion for Leave to File Overlength Reply Memorandum. Signed by Judge Ted Stewart on 5/18/15 (alt)
May 18, 2015 Opinion or Order Filing 347 MOTION for Leave to File Overlength Reply Memorandum on Motion for Summary Judgment: Lack of Damages and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen)
April 30, 2015 Opinion or Order Filing 346 ERRATA to #313 Affidavit/Declaration in Opposition to Motion, #345 Errata filed by Plaintiff Salt Lake City Corporation . (Attachments: #1 Exhibit A Part 2 - Depo. Ex. 4 Work Plan)(Hogle, Chris)
April 30, 2015 Opinion or Order Filing 345 ERRATA to #313 Affidavit/Declaration in Opposition to Motion, filed by Plaintiff Salt Lake City Corporation . (Attachments: #1 Exhibit A Part 1 - Depo. Ex. 4 Work Plan)(Hogle, Chris)
April 29, 2015 Opinion or Order Filing 344 ERRATA to #342 Memorandum in Opposition to Motion, filed by Plaintiff Salt Lake City Corporation . (Hogle, Chris)
April 27, 2015 Opinion or Order Filing 343 **SEALED DOCUMENT** Opposition re #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Stock Purchase Agreement, #2 Exhibit 2 - Names/Salaries of Directors/Officers, #3 Exhibit 3 - Amended and Restated Shareholders' Agreement, #4 Exhibit 4 - Letter to Martin J. Battistoni dated 11/1/2007, #5 Exhibit 5 - Amended and Restated Registration Rights Agreement, #6 Exhibit 6 - Amended and Restated Loan and Security Agreement, #7 Exhibit 7 - Certified Resolutions, #8 Exhibit 8 - Deposition of John Hallisey dated 11/5/2013, #9 Exhibit 9 - Deposition of Daniel Schmittdiel dated 11/4/2013, #10 Exhibit 10 - Deposition of Martin Battistoni dated 11/4/2013, #11 Exhibit 11 - Deposition of Timothy Devlin dated 11/6/2013, #12 Exhibit 12 - Deposition of Del Knight dated 11/7/2013) (blh)
April 27, 2015 Opinion or Order Filing 342 MEMORANDUM in Opposition re #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #289 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
April 27, 2015 Opinion or Order Filing 341 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 114 - 1-4-07 Letter, #2 Exhibit 115 - 12-22-14 Frame Depo., #3 Exhibit 116 - Project Meeting, #4 Exhibit 117 - 4-1-05 Email, #5 Exhibit 118 - 4-13-15 Email, #6 Exhibit 119 - 11-8-04 Email, #7 Exhibit 120 - 1-15-04 Letter, #8 Exhibit 121 - 5-10-04 Email, #9 Exhibit 122 - Change Order 4, #10 Exhibit 123 - Change Order 5, #11 Exhibit 124 - Fourth Amendment to PSA, #12 Exhibit 125 - Fifth Amendment to PSA, #13 Exhibit 126 - Sixth Amendment to PSA, #14 Errata 127 - Depo. Ex. 59 11-14-05 Email, #15 Exhibit 128 - 7-5-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 340 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 102 - Depo. Ex. 66 Stantec Work Plan, #2 Exhibit 103 - Depo. Ex. 33 3-3-04 Email, #3 Exhibit 104 - 9-8-05 Email, #4 Exhibit 105 - 11-19-14 Ferry Depo., #5 Exhibit 106 - 10-6-10 Email, #6 Exhibit 107 - 11-24-10 Email, #7 Exhibit 108 - Depo. Ex. 640 DOF Technology Evaluation, #8 Exhibit 109 - 11-5-13 Hallisey Depo., #9 Exhibit 110 - 2-11-15 Petschke Depo., #10 Exhibit 111 - Depo. Ex. 339 Cross sections, #11 Exhibit 112 - Depo. Ex. 459 Construction Drawing, #12 Exhibit 113 - 5-8-06 Memorandum)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 339 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 89 - 2-20-09 Email, #2 Exhibit 90 - 12-3-08 Email, #3 Exhibit 91 - 11-11-05 Letter, #4 Exhibit 92 - 8-15-06 Email, #5 Exhibit 93 - 9-21-06 Email, #6 Exhibit 94 - 8-29-06 Email, #7 Exhibit 95 - 9-5-06 Email, #8 Exhibit 96 - 9-19-06 Email, #9 Exhibit 97 - 10-4-06 Email, #10 Exhibit 98 - 10-16-06 Email, #11 Exhibit 99 - 12-17-03 Technical Memorandum, #12 Exhibit 100 - 1-15-15 Briefer Depo., #13 Exhibit 101 - Depo. Ex. 218 2004 ERM telephone log)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 338 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 73 - 3-20-08 Email, #2 Exhibit 74 - 4-10-08 Email, #3 Exhibit 75 - 7-17-08 Email, #4 Exhibit 76 - 1-8-15 Fuglevand Depo., #5 Exhibit 77 - 9-19-05 Memorandum, #6 Exhibit 78 - 9-28-05 Email, #7 Exhibit 79 - 10-4-05 Email, #8 Exhibit 80 - 10-11-05 Email, #9 Exhibit 81 - Depo. Ex. 489 8-21-03 ERM Memorandum, #10 Exhibit 82 - 9-14-04 Email, #11 Exhibit 83 - 9-21-04 Email, #12 Exhibit 84 - 9-27-04 Email, #13 Exhibit 85 - 10-19-04 Email, #14 Exhibit 86 - 12-16-04 Email, #15 Exhibit 87 - 12-4-14 Smith Depo., #16 Exhibit 88 - 1-7-09 Email)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 337 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 51 - Depo. Ex. 65 11-26-03 Email, #2 Exhibit 52 - 7-20-04 Email, #3 Exhibit 53 - 1-24-05 Email, #4 Exhibit 54 - 1-6-05 Email, #5 Exhibit 55 - 2-2-05 Email, #6 Exhibit 56 - 5-6-05 Email, #7 Exhibit 57 - 7-15-05 Email, #8 Exhibit 58 - 12-6-05 Email, #9 Exhibit 59 - 12-9-05 Email, #10 Exhibit 60 - ERM meeting notes, #11 Exhibit 61 - 1-9-15 Fuglevand Depo., #12 Exhibit 62 - Depo. Ex. 23 Compass Bid-Performance Comparison and Timeline, #13 Exhibit 63 - Depo. Ex. 35 1-26-06 Letter, #14 Exhibit 64 - 11-3-05 Letter, #15 Exhibit 65 - 12-17-05 Email, #16 Exhibit 66 - 10-27-05 Email, #17 Exhibit 67 - Depo. Ex. 24 Change Order 3, #18 Exhibit 68 - 2-9-05 Email, #19 Exhibit 69 - Depo. Ex. 34 6-4-07 Letter, #20 Exhibit 70 - 6-11-07 Email, #21 Exhibit 71 - 11-8-07 Email, #22 Exhibit 72 - 1-30-08 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 336 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 44 - Depo. Ex. 490 photographic records, #2 Exhibit 45- EarthFax Bidder Inspection Log, #3 Exhibit 46 - Depo. Ex. 165 3-2-04 Email, #4 Exhibit 47 - Depo. Ex. 21 6-15-07 Letter, #5 Exhibit 48 - 9-10-04 Email, #6 Exhibit 49 - Depo. Ex. 358 4-28-04 Email, #7 Exhibit 50 - Depo. Ex. 46 ERM 4-9-07 Final Report)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 335 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 43 Part 2 - 11-30-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 334 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 43 Part 1 - 11-30-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 333 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 38 Part 2 - ERM Field Logs, #2 Exhibit 39 - 4-19-05 Email-Letter, #3 Exhibit 40 - 10-11-04 Memorandum, #4 Exhibit 41 - 2-4-05 Email, #5 Exhibit 42 - 7-30-14 Williams Depo.)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 332 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 38 Part 1 - ERM Field Logs)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 331 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 37 - Depo. Ex. 26 4-7-05 Email)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 330 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 36 Part 6 - Depo. Ex. 37 3-14-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 329 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 36 Part 5 - Depo. Ex. 37 3-14-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 328 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 36 Part 4 - Depo. Ex. 37 3-14-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 327 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 36 Part 3 - Depo. Ex. 37 3-14-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 326 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 36 Part 2 - Depo. Ex. 37 3-14-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 325 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 36 Part 1 - Depo. Ex. 37 3-14-05 Letter)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 324 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 26 - 11-5-13 Bolger Depo., #2 Exhibit 27 - 2003-2005 Journal Entries, #3 Exhibit 28 - 11-4-13 Battistoni Depo., #4 Exhibit 29 - 11-7-13 Knight Depo., #5 Exhibit 30 - 11-6-13 Briggs Depo., #6 Exhibit 31 - 3-1-06 Email, #7 Exhibit 32 - 11-8-13 Poma Depo., #8 Exhibit 33 - Depo. Ex. 4 Removal Action Work Plan, #9 Exhibit 34 - Depo. Ex. 28 Compass Capture Strategy, #10 Exhibit 35 - 11-4-13 Schmittdiel Depo.)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 323 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 17 - 2-10-04 Letter, #2 Exhibit 18 - Pre-Bid Conference, #3 Exhibit 19 - ERM-West's Answers, #4 Exhibit 20 - 2-13-04 Letter, #5 Exhibit 21 - Depo. Ex. 63 ERM's bid evaluation, #6 Exhibit 22 - Recon Proposal, #7 Exhibit 23 - 7-31-14 Niermeyer Depo., #8 Exhibit 24 - 7-28-14 Bennett Depo., #9 Exhibit 25 - 11-21-14 McCarthy Depo.)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 322 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 13 - Depo. Ex. 32 10-16-03 Letter, #2 Exhibit 14 - 1-13-15 Niermeyer Depo., #3 Exhibit 15 - 12-17-14 Pak Depo., #4 Exhibit 16 - 12-9-14 Skance Depo.)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 321 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 10 - Sediment Removal Action, #2 Exhibit 11 - 10-25-13 Millican Depo., #3 Exhibit 12 - Sediment Removal-Disposal and Canal Restoration)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 320 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 5 - Depo. Ex. 60 Notice of Solicitation, #2 Exhibit 6 - Statement of Qualifications, #3 Exhibit 7 - Depo. Ex. 61 Proposal and Statement of Qualifications, #4 Exhibit 8 - ERM Project Management Services Presentation, #5 Exhibit 9 - 1-14-15 Niermeyer Depo.)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 319 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 4 Part 3 - Depo. Ex. 1 AOC)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 318 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 4 Part 2 - Depo. Ex. 1 AOC)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 317 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 4 Part 1 - Depo. Ex. 1 AOC)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 316 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 3 - Depo. Ex. 25 Project Manual)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 315 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 2 - 4-29-14 Wilson Depo.)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 314 EXHIBITS filed by Salt Lake City Corporation re #313 Affidavit/Declaration in Opposition to Motion,. (Attachments: #1 Exhibit 1 - Depo. Ex. 57 PSA)(Hogle, Chris)
April 27, 2015 Opinion or Order Filing 313 AFFIDAVIT/DECLARATION of Christopher R. Hogle in Opposition re #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #289 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
April 27, 2015 Opinion or Order Filing 312 MEMORANDUM in Opposition re #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006 filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
April 27, 2015 Opinion or Order Filing 311 MEMORANDUM in Opposition re #285 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
April 27, 2015 Opinion or Order Filing 310 MEMORANDUM in Opposition re #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
April 27, 2015 Opinion or Order Filing 309 AFFIDAVIT/DECLARATION of Timothy Thompson in Opposition re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #289 MOTION for Summary Judgment and Memorandum in Support , #285 MOTION for Summary Judgment and Memorandum in Support , #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006, #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages, #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 27, 2015 Opinion or Order Filing 308 AFFIDAVIT/DECLARATION of Richard Hoffman in Opposition re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #289 MOTION for Summary Judgment and Memorandum in Support , #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 27, 2015 Opinion or Order Filing 307 AFFIDAVIT/DECLARATION of Paul Fuglevand in Opposition re #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #289 MOTION for Summary Judgment and Memorandum in Support , #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 27, 2015 Opinion or Order Filing 306 Plaintiff's MEMORANDUM in Opposition re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 27, 2015 Opinion or Order Filing 305 NOTICE OF CONVENTIONAL FILING of Plaintiffs' Opposition to Compass Environmental, Inc.'s and WRS Infrastructure's Motion for Summary Judgment on Plaintiffs' Claims Against WRS Infrastructure filed by Plaintiff Salt Lake City Corporation re #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure (Hogle, Chris)
April 27, 2015 Opinion or Order Filing 304 AFFIDAVIT/DECLARATION of Mark T. Otten, P.E. in Opposition re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #289 MOTION for Summary Judgment and Memorandum in Support , #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages, #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability, #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 27, 2015 Opinion or Order Filing 303 Plaintiff's MEMORANDUM in Opposition re #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 27, 2015 Opinion or Order Filing 302 AFFIDAVIT/DECLARATION of Jeffry T. Niermeyer in Opposition re #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure, #289 MOTION for Summary Judgment and Memorandum in Support , #285 MOTION for Summary Judgment and Memorandum in Support , #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006, #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability, #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
April 16, 2015 Opinion or Order Filing 301 REPLY to Response to Motion re #271 MOTION to Compel Plaintiffs to Produce Documents and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Deposition of Steve Ferry (Excerpts), #2 Exhibit B - Comment BP7, #3 Exhibit C - Comment BP-RM18, #4 Exhibit D - Draft Responses to Public Comment)(Horvat, Stephen)
April 16, 2015 Opinion or Order Filing 300 REPLY to Response to Motion re #274 MOTION to Compel Defendant ERM-West to Provide Complete Responses to Interrogatories and Requests for Admissions and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
March 30, 2015 Opinion or Order Filing 299 **SEALED DOCUMENT** Exhibits 2-4 re #297 Affidavit/Declaration in Opposition to Motion, filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 2 - Strategic Plan of Northwest Oil Drain dated 3/17/2011, #2 Exhibit 3 - Strategic Plan of Northwest Oil Drain dated 11/23/2011, #3 Exhibit 4 - Strategic Plan of Northwest Oil Drain dated 7/29/2013) (blh)
March 30, 2015 Opinion or Order Filing 298 NOTICE OF CONVENTIONAL FILING of Exhibits 2-4 of the Declaration of John Skance filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation re #297 Affidavit/Declaration in Opposition to Motion, (Peck, Ashley)
March 30, 2015 Opinion or Order Filing 297 AFFIDAVIT/DECLARATION of John Skance in Opposition re #271 MOTION to Compel Plaintiffs to Produce Documents and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Witness Certificate)(Peck, Ashley)
March 30, 2015 Opinion or Order Filing 296 MEMORANDUM in Opposition re #271 MOTION to Compel Plaintiffs to Produce Documents and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Privilege Log Excerpts)(Peck, Ashley)
March 30, 2015 Opinion or Order Filing 295 MEMORANDUM in Opposition re #274 MOTION to Compel Defendant ERM-West to Provide Complete Responses to Interrogatories and Requests for Admissions and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (ERM's Supplemental Discovery Responses), #2 Exhibit B (Examples of Documents))(Scott, Jared)
March 26, 2015 Opinion or Order Filing 294 ORDER granting #293 Motion for Extension of Time to File Response/Reply re #283 MOTION for Partial Summary Judgment for Future Damages, #289 MOTION for Summary Judgment, #279 MOTION for Partial Summary Judgment re Segment 3(2) Costs, #285 MOTION for Summary Judgment, #286 MOTION for Partial Summary Judgment re Statute of Limitations, #282 MOTION for Summary Judgment on Plaintiffs' Claims Against WRS Infrastructure, #287 MOTION for Summary Judgment Lack of Damages, #288 MOTION for Summary Judgment, #278 MOTION for Summary Judgment re: Limitation of Liability, #284 MOTION for Partial Summary Judgment on Plaintiffs' Claims Arising Before April 4, 2006. Responses due by 4/27/2015. Replies due by 5/22/2015. Signed by Magistrate Judge Paul M. Warner on 3/26/2015. (blh)
March 25, 2015 Opinion or Order Filing 293 Stipulated MOTION for Extension of Time to File Response/Reply as to #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs, #288 MOTION for Summary Judgment and Memorandum in Support , #287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages, #286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations, #282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure, #289 MOTION for Summary Judgment and Memorandum in Support , #285 MOTION for Summary Judgment and Memorandum in Support , #284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006, #283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages, #278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Paul M. Warner.(Hogle, Chris)
March 23, 2015 Opinion or Order Filing 292 REPLY to Response to Motion re #265 SEALED MOTION for Order Requiring Return or Destruction of Privileged Documents and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
March 23, 2015 Opinion or Order Filing 291 NOTICE OF DEFICIENCY re #290 MOTION for Return of Property Pre-trial and Memorandum in Support for Order Requiring Return or Destruction of Inadvertently Produced Privileged Documents. The document was filed using the incorrect image and event type - per counsel. Counsel is to refile the pleading. The new pleading will receive a new document number on the docket. (tls)
March 23, 2015 Opinion or Order Filing 290 **ENTRY ERROR - Per counsel, document was filed incorrectly and will be refiled with the intended image. MOTION for Return of Property Pre-trial and Memorandum in Support for Order Requiring Return or Destruction of Inadvertently Produced Privileged Documents filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. Motions referred to Paul M. Warner.(Horne, Jennifer) Modified by adding entry error text on 3/23/2015 (tls).
March 20, 2015 Opinion or Order Filing 289 MOTION for Summary Judgment and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Appendix Appendix of Exhibits, #2 Exhibit Ex. 1 - Notice of Solicitation, #3 Exhibit Ex. 2 - Project Manual for Northwest Oil Drain Project, Segments 1-3, dated December 2003, #4 Exhibit Ex. 3 - Bid Overviews, #5 Exhibit Ex. 4 - Letter dated February 10, 2004, from Dan Schmittdel of Compass Environmental, Inc. to Jeff Niermeryer of Salt Lake City Public Utilities, #6 Exhibit Ex. 5 - Letter dated March 5, 2004 from David Wilson of ERM to Peggy Churchill and James Stearns of U.S. EPA, #7 Exhibit Ex. 6 - Sediment Removal Action Final Report, dated March 30, 2007, #8 Exhibit Ex. 7 - Request for Change, dated February 2, 2005, #9 Exhibit Ex. 8 - Letter dated April 19, 2005, from David Wilson of ERM to Tim Briggs of Compass Environmental, Inc., #10 Exhibit Ex. 9 - December 5, 2005, Dredge Timeline, #11 Exhibit Ex. 10 - Weekly Project Status Report dated December 12, 2005, #12 Exhibit Ex. 11 - Daily Construction Reports, #13 Exhibit Ex. 12 - Project Schedule, #14 Exhibit Ex. 13 - Letter dated September 6, 2005, from David Wilson of ERM to Jeff Niermeyer of Salt Lake City Public Utilities, #15 Exhibit Ex. 14 - Weekly Project Status Report dated September 6, 2005, #16 Exhibit Ex. 15 - Engineering Construction Change Order #3, dated April 5, 2006, #17 Exhibit Ex. 16 - Weekly Project Status Report dated December 26, 2006, #18 Exhibit Ex. 17 - Excerpts from the Expert Witness Report of Richard S. Hoffman dated February 17, 2005, #19 Exhibit Ex. 18 - Excerpts from EarthFax Summary Report dated August 26, 2008, #20 Exhibit Ex. 19 - Plaintiffs Supplemental Damages Disclosures as to Compass dated December 15, 2014, #21 Exhibit Ex. 20 - Excerpts from the Deposition of Paul Fuglevand dated January 8, 2015, #22 Exhibit Ex. 21 - Excerpts from the Description of Remedial Work, #23 Exhibit Ex. 22 - Affidavit of John Mulligan, #24 Exhibit Ex. 23 - Plaintiffs Supplemental Damages Disclosures as to ERM dated December 15, 2014)(Scott, Justin)
March 20, 2015 Opinion or Order Filing 288 MOTION for Summary Judgment and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
March 20, 2015 Opinion or Order Filing 287 MOTION for Summary Judgment and Memorandum in Support : Lack of Damages filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (DEQ Memo), #2 Exhibit B (Technology Evaluation), #3 Exhibit C (Second Am Compl), #4 Exhibit D (Prof Services Agreement), #5 Exhibit E (AOC), #6 Exhibit F (EE-CA), #7 Exhibit G (Project Manual), #8 Exhibit H (Big Tabulation Spreadsheet), #9 Exhibit I (Otten Expert Report), #10 Exhibit J (Sediment Remediation Final Report), #11 Exhibit K (Hoffman Report), #12 Exhibit L (Sampling and Analysis Plan), #13 Exhibit M (9-7-05 Wilson Email), #14 Exhibit N (12-13-05 Wilson Email), #15 Exhibit O (9-22-05 Wilson Email), #16 Exhibit P (Niermeyer Depo II), #17 Exhibit Q (Design Studies Report), #18 Exhibit R (Fuglevand Depo II), #19 Exhibit S (Progress Report), #20 Exhibit T (Fuglevand Depo I), #21 Exhibit U (Collected Phase 2 Project Drawings), #22 Exhibit V (Segment 2A Work Plan), #23 Exhibit W (Niermeyer Depo III), #24 Exhibit X (Thompson Expert Report), #25 Exhibit Y (SLC's Resp to ERM's 2nd Set of Roggs), #26 Exhibit Z (SLC's Suppl Damages Disclosures), #27 Exhibit AA (Compass Change Order), #28 Exhibit BB (Action Memo))(Horvat, Stephen)
March 20, 2015 Opinion or Order Filing 286 MOTION for Partial Summary Judgment and Memorandum in Support re Statute of Limitations filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Memorandum Decision and Order, #2 Exhibit B - Notice of Solicitation, #3 Exhibit C - ERM Proposal and Statement of Qualifications, #4 Exhibit D - Professional Services Agreement, #5 Exhibit E - Second Amended Complaint, #6 Exhibit F - Work Plan, #7 Exhibit G - ERM Invoices, #8 Exhibit H - Project Manual, #9 Exhibit I - Amendments to PSA, #10 Exhibit J - Deposition of Jeff Niermeyer, July 31, 2014)(Horvat, Stephen)
March 20, 2015 Opinion or Order Filing 285 MOTION for Summary Judgment and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Project Manual, #2 Exhibit 2 - Compass Proposal, #3 Exhibit 3 - Removal Action Work Plan, #4 Exhibit 4 - Letter dated 3-5-2004, #5 Exhibit 5 - Email dated 3-11-2004, #6 Exhibit 6 - Email dated 3-6-2004, #7 Exhibit 7 - Final Report, #8 Exhibit 8 - Email dated 12-21-2006, #9 Exhibit 9 - Project Summary, #10 Exhibit 10 - Weekly Project Status Report, #11 Exhibit 11 - EarthFax Report, #12 Exhibit 12 - Plaintiffs' Supp. Damages Discl. as to Compass, #13 Exhibit 13 - Depo of Laura Breifer)(Scott, Justin)
March 20, 2015 Opinion or Order Filing 284 MOTION for Partial Summary Judgment and Memorandum in Support on Plaintiffs' Claims Arising Before April 4, 2006 filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Project Manual, #2 Exhibit 2 - Contractor Work Plan, #3 Exhibit 3 - Email dated 8-12-2004, #4 Exhibit 4 - NW Oil Drain Engineering Eval. and Cost Analysis, #5 Exhibit 5 - Base Map, #6 Exhibit 6 - Final Report, #7 Exhibit 7 - Request for Change, #8 Exhibit 8 - Letter dated 4-19-2005, #9 Exhibit 9 - Dredge Timeline, #10 Exhibit 10 - Weekly Project Status Report dated 12-12-2005, #11 Exhibit 11 - Daily Construction Reports, #12 Exhibit 12 - Project Schedule, #13 Exhibit 13 - Letter dated 9-6-2005, #14 Exhibit 14 - Weekly Project Status Report dated 9-6-2005, #15 Exhibit 15 - Engineering Construction Change Order, #16 Exhibit 16 - Settlement Memorandum, #17 Exhibit 17 - Email dated 2-8-2006)(Scott, Justin)
March 20, 2015 Opinion or Order Filing 283 MOTION for Partial Summary Judgment and Memorandum in Support for Future Damages filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
March 20, 2015 Opinion or Order Filing 282 MOTION for Summary Judgment and Memorandum in Support on Plaintiffs' Claims Against WRS Infrastructure filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Unanimous Written Consent of BOD of WRS, #2 Exhibit 2 - Written Consent of Directors of Compass, #3 Exhibit 3 - Stock Purchase Agreement, #4 Exhibit 4 - Escrow Agreement, #5 Exhibit 5 - John Hallisey Depo (11-5-2013), #6 Exhibit 6 - Project Manual for NW Oil Drain Project)(Scott, Justin)
March 20, 2015 Opinion or Order Filing 281 NOTICE OF DEFICIENCY re #280 Notice (Other). The party filed a Notice of Joinder. According to DUCivR 7-1(a)(4) parties must file their own motion. DUCivR 7-1(a)(4) Motions Seeking Relief Similar to Another Party's Motion. Each party seeking relief from the Court must file its own motion stating the relief sought and the basis for the requested relief. A party may incorporate by reference the arguments and reasons set forth in another party's motion or memorandum to the extent applicable to that party.The clerk requests the filer of the original document to submit its own motion. The new pleading will receive a new document number on the docket. (blh)
March 20, 2015 Opinion or Order Filing 280 NOTICE of Joinder in Motion for Partial Summary Judgment for Future Damages by Compass Environmental, WRS Infrastructure and Environment re #279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs (Scott, Justin)
March 19, 2015 Opinion or Order Filing 279 MOTION for Partial Summary Judgment and Memorandum in Support re Segment 3(2) Costs filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Fuglevand Depo Excerpts), #2 Exhibit B (Briefer Depo Excerpts), #3 Exhibit C (Hoffman-Pickett Expert Report), #4 Exhibit D (Decl of Stephen Horvat), #5 Exhibit E (1-5-15 Horvat Email to Hogle), #6 Exhibit F (1-7-15 Hogle Email to Horvat))(Horvat, Stephen)
March 19, 2015 Opinion or Order Filing 278 MOTION for Summary Judgment and Memorandum in Support re: Limitation of Liability filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Niermeyer Depo Excerpts), #2 Exhibit B (PSA), #3 Exhibit C (Project Manual), #4 Exhibit D (11-26-03 Wilson Email), #5 Exhibit E (Decl of David Wilson), #6 Exhibit F (PSA Template), #7 Exhibit G (Proposed Modification to PSA), #8 Exhibit H (Fax Transmittal), #9 Exhibit I (DOF Prof Serv Agreement))(Horvat, Stephen)
March 19, 2015 Opinion or Order Filing 277 ORDER granting #276 Motion for Extension of Time to File Response/Reply re #265 SEALED MOTION for Order Requiring Return or Destruction of Privileged Documents. Reply due by 3/23/2015. Signed by Magistrate Judge Paul M. Warner on 3/18/2015. (blh)
March 17, 2015 Opinion or Order Filing 276 Stipulated MOTION for Extension of Time to File Response/Reply as to #265 SEALED MOTION for Order Requiring Return or Destruction of Privileged Documents #263 Notice of Conventional Filing, filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Paul M. Warner.(Hogle, Chris) Modified by correcting docket entry relationship on 3/17/2015 (blh).
March 13, 2015 Opinion or Order Filing 275 AFFIDAVIT/DECLARATION of Ashley A. Peck in Support re #274 MOTION to Compel Defendant ERM-West to Provide Complete Responses to Interrogatories and Requests for Admissions and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Horne, Jennifer)
March 13, 2015 Opinion or Order Filing 274 MOTION to Compel Defendant ERM-West to Provide Complete Responses to Interrogatories and Requests for Admissions and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - ERM-West's Answers to First Set Interrogatories, #2 Exhibit B - ERM-West's Answers to First Set Requests for Admissions, #3 Exhibit C - Compass Privilege Log, #4 Exhibit D - 2/6/15 Letter from C. Hogle to S. Horvat, #5 Exhibit E - 2/13/15 Email from J. Scott to C. Hogle, #6 Exhibit F - 2/26/15 Letter from J. Scott to C. Hogle, #7 Exhibit G - 3/2/15 Letter from J. Horne to J. Scott, #8 Exhibit H - 3/3/15 Letter from J. Scott to J. Horne, #9 Exhibit I - 3/4/15 Letter from J. Horne to J. Scott, #10 Exhibit J - 3/6/15 Letter from J. Scott to J. Horne) Motions referred to Paul M. Warner.(Horne, Jennifer)
March 11, 2015 Opinion or Order Filing 273 NOTICE of Joinder in ERM-West Inc.'s Opposition to Plaintiffs' Rule 26(b)(5)(B) Motion for Order Requiring Return or Destruction of Inadvertently Produced Privileged Documents by Compass Environmental, WRS Infrastructure and Environment re #272 Memorandum in Opposition to Motion, (Scott, Justin)
March 11, 2015 Opinion or Order Filing 272 MEMORANDUM in Opposition re #265 SEALED MOTION for Order Requiring Return or Destruction of Privledged Documents and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Declaration of Alan Beal, #2 Exhibit B - Excerpts from Briefer Depo, #3 Exhibit C - 112614 SLC ltr re add'l doc)(Horvat, Stephen)
March 11, 2015 Opinion or Order Filing 271 MOTION to Compel Plaintiffs to Produce Documents and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Excerpts from Skance Depo, #2 Exhibit B - Excerpts from Dunlap Depo, #3 Exhibit C - 040711 Meeting invitation from Skance to Dunlap, #4 Exhibit D - 121014 ERM Email, #5 Exhibit E - 122214 ERM Email, #6 Exhibit F - 122314 SLC Email, #7 Exhibit G - 122914 ERM Email, #8 Exhibit H - 010515 ERM Email, #9 Exhibit I - 010615 SLC Email, #10 Exhibit J - 010615 ERM Email, #11 Exhibit K - 012715 SLC Email, #12 Exhibit L - 021715 SLC Email) Motions referred to Paul M. Warner.(Horvat, Stephen)
March 9, 2015 Opinion or Order Filing 270 MEMORANDUM DECISION and ORDER denying #234 Motion for Partial Summary Judgment; denying #242 Cross-Motion for Partial Summary Judgment. The hearing scheduled for March 16, 2015, is stricken. Signed by Judge Ted Stewart on 3/9/2015. (blh)
March 5, 2015 Opinion or Order Filing 269 DOCKET TEXT ORDER granting #267 Motion for Extension of Time to File Response/Reply re #267 MOTION for Extension of Time to File Response/Reply Responses due by 3/11/2015. Signed by Magistrate Judge Paul M. Warner on 3/5/15. No attached document. (ksm)
March 4, 2015 Opinion or Order Filing 267 Stipulated MOTION for Extension of Time to file Defendants ERM's and Compass/WRS's Opposition Memorandum to Plaintiffs' Motion for Order Requiring Return or Destruction of Plaintiff's Privileged Documents and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Proposed Order)) Motions referred to Paul M. Warner.(Horvat, Stephen) Modified by changing event type to Motion for Extension of Time to File Response/Reply on 3/4/2015 (blh).
March 3, 2015 Opinion or Order Filing 268 **SEALED DOCUMENT** Corrected Exhibits C, G re #265 SEALED MOTION for Order Requiring Return or Destruction of Privledged Documents filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit C - April 15, 2009 Email re NWOD letter, #2 Exhibit G - February 5, 2011 Email re Alternative approach to NWOD Segment 1 removal action) (blh)
March 3, 2015 Opinion or Order Filing 266 NOTICE OF CONVENTIONAL FILING of Correction to Exhibits C and G of Plaintiffs' Rule 26(b)(5)(B) Motion and Memorandum for Order Requiring Return or Destruction of Plaintiffs' Privileged Documents filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation re #265 SEALED MOTION for Order Requiring Return or Destruction of Privileged Documents (Horne, Jennifer) Modified by deleting extra text on 3/3/2015 (blh).
February 23, 2015 Opinion or Order Filing 264 NOTICE OF HEARING ON MOTION re: #242 MOTION Cross-Motion for Partial Summary Judgment (Damages) re #234 MOTION for Partial Summary Judgment, #234 MOTION for Partial Summary Judgment (re Damages) : (Notice generated by Chambers (rlr)). Motion Hearing set for 3/16/2015 at 10:00 AM in Rm 8.300 before Judge Ted Stewart. (rlr)
February 20, 2015 Opinion or Order Filing 265 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support for Order Requiring Return or Destruction of Privileged Documents filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. Motions referred to Paul M. Warner.(jds) (Additional attachment(s) added on 2/23/2015: #1 Exhibit A - July 5, 2011 Email re EPA/DERR Comments, #2 Exhibit B - July 5, 2011 Email re EPA/DERR Comments, #3 Exhibit C - April 15, 2009 Email re NWOD letter, #4 Exhibit D - April 26, 2011 Email re Revised NWOD Description of Work, #5 Exhibit E - October 25, 2010 Email re Revised Report for ASAP Review, #6 Exhibit F - December 10, 2001 Email re NWOD Amended Cooperation Agreement, #7 Exhibit G - February 5, 2011 Email re Alternative approach to NWOD Segment 1 removal action, #8 Exhibit H - September 20, 2011 Email re Project Coordinator Role, #9 Exhibit I - July 22, 2013 Northwest Oil Drain Litigation Update, #10 Exhibit J - July 25, 2013 Email re NWOD Litigation, #11 Exhibit K - July 31, 2013 Email re NWOD Litigation, #12 Exhibit L - July 27, 2013 Email re NWOD Litigation, #13 Exhibit M - June 6, 2013 Email re SLC Refinery CLS Updates, #14 Exhibit N - February 8, 2013 Email re Call with Eve, #15 Exhibit O - Deposition excerpt of Laura Briefer, #16 Exhibit P - December 9, 2014 Letter from Ashley Peck to defense counsel, #17 Exhibit Q - Deposition excerpt of Kevin Murray, #18 Exhibit R - Deposition excerpt of Renee Zollinger, #19 Exhibit S - January 9, 2015 Letter form Jennifer Horne to defense counsel, #20 Exhibit T - January 10, 2015 Email re SLC v. ERM Compass Notice of 30(b)(6) Deposition of SLC, #21 Exhibit U - Declaration of Christopher R. Hogle) (jds).
February 19, 2015 Opinion or Order Filing 263 NOTICE OF CONVENTIONAL FILING of Plaintiffs' Rule 26(b)(5)(B) Motion and Memorandum for Order Requiring Return or Destruction of Plaintiffs' Privileged Documents filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Horne, Jennifer)
February 6, 2015 Opinion or Order Filing 262 REQUEST to Submit for Decision re #242 MOTION Cross-Motion for Partial Summary Judgment (Damages) re #234 MOTION for Partial Summary Judgment and Memorandum in Support , #234 MOTION for Partial Summary Judgment and Request for Hearing filed by Defendant ERM WEST. (Horvat, Stephen)
February 4, 2015 Opinion or Order Filing 261 REPLY to Response to Motion re #242 MOTION Cross-Motion for Partial Summary Judgment (Damages) re #234 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
February 3, 2015 Opinion or Order Filing 260 Set/Reset Scheduling Order Deadlines: Discovery due by 6/5/2015. All other dates in deadlines in the Stipulated Scheduling Order shall remain as originally set forth per #259 Order. (blh)
February 3, 2015 Opinion or Order Filing 259 ORDER granting #258 Motion to Amend/Correct. Signed by Magistrate Judge Paul M. Warner on 2/3/2015. (blh)
February 3, 2015 Opinion or Order Filing 258 Joint MOTION to Amend/Correct #255 Order on Motion to Amend/Correct and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen)
February 3, 2015 Opinion or Order Filing 257 MEMORANDUM DECISION and ORDER denying #105 Motion to Compel; denying #186 Motion to Compel. Signed by Magistrate Judge Paul M. Warner on 2/3/2015. (blh)
January 28, 2015 Opinion or Order Filing 256 Set/Reset Scheduling Order Deadlines: Discovery due by 5/22/2015. All other dates in deadlines in the Stipulated Scheduling Order shall remain as originally set forth per #255 Order. (blh)
January 28, 2015 Opinion or Order Filing 255 ORDER granting #254 Motion to Amend/Correct Scheduling Order. Signed by Magistrate Judge Paul M. Warner on 1/28/2015. (blh)
January 28, 2015 Opinion or Order Filing 254 Joint MOTION to Amend/Correct #249 Order on Motion for Scheduling Order and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen)
January 27, 2015 Opinion or Order Filing 253 ORDER granting #252 Motion for Extension of Time to File Response/Reply re #242 MOTION Cross-Motion for Partial Summary Judgment (Damages). Reply due by 2/4/2015. Signed by Judge Ted Stewart on 1/27/2015. (blh)
January 27, 2015 Opinion or Order Filing 252 Stipulated MOTION for Extension of Time to File Response/Reply as to #242 MOTION Cross-Motion for Partial Summary Judgment (Damages) re #234 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Paul M. Warner.(Hogle, Chris)
January 16, 2015 Opinion or Order Filing 251 REPLY to Response to Motion re #234 MOTION for Partial Summary Judgment (combined Reply on Dkt 234 and Opposition on Dkt 242) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Email from Eugene Pak (Chevron), October 17, 2011, #2 Exhibit B - Deposition of Eugene Pak (Excerpt), #3 Exhibit C - Deposition of Jeff Niermeyer (Excerpt))(Horvat, Stephen)
January 16, 2015 Opinion or Order Filing 250 MEMORANDUM in Opposition re #242 MOTION Cross-Motion for Partial Summary Judgment (Damages) re #234 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Email from Eugene Pak (Chevron), October 17, 2011, #2 Exhibit B - Deposition of Eugene Pak (Excerpt), #3 Exhibit C - Deposition of Jeff Niermeyer (Excerpt))(Horvat, Stephen)
January 7, 2015 Opinion or Order Filing 249 ORDER granting #247 Motion for Scheduling Order. See order for deadlines. Signed by Magistrate Judge Paul M. Warner on 1/7/2015. (blh)
January 7, 2015 Opinion or Order Filing 248 CLERK'S NOTICE OF ERROR re #247 MOTION for Scheduling Order. Description of error: Motion to amend the scheduling order was filed using the "Motion for Miscellaneous Relief" event type. The Clerk has changed the event type to "Motion for Scheduling Order". Filers should use the "Scheduling Order" relief under the Motions category when submitting pleadings regarding the scheduling order. (blh)
January 6, 2015 Opinion or Order Filing 247 Joint MOTION for Amended Scheduling Order filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Hogle, Chris) Modified by changing event type to Motion for Scheduling Order on 1/7/2015 (blh).
December 31, 2014 Opinion or Order Filing 246 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents or Objects served on Cadmus Group on December 30, 2014, filed by Defendant ERM WEST. (Horvat, Stephen)
December 30, 2014 Opinion or Order Filing 245 ORDER granting #244 Motion for Extension of Time to File Response/Reply re #234 MOTION for Partial Summary Judgment. Reply due by 1/15/2015. Signed by Judge Ted Stewart on 12/30/2014. (blh)
December 30, 2014 Opinion or Order Filing 244 Stipulated MOTION for Extension of Time to File Response/Reply as to #234 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen)
December 16, 2014 Opinion or Order Filing 243 Motion No Longer Referred to Magistrate Judge Paul M. Warner: #242 MOTION Cross-Motion for Partial Summary Judgment (Damages). The motion will be handled by District Judge Ted Stewart. (jcd)
December 15, 2014 Opinion or Order Filing 242 MOTION Cross-Motion for Partial Summary Judgment (Damages) re #234 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. Motions referred to Paul M. Warner.(Hogle, Chris)
December 15, 2014 Opinion or Order Filing 241 EXHIBITS filed by Salt Lake City Corporation re #240 Memorandum in Opposition to Motion, #234 MOTION for Partial Summary Judgment. (Attachments: #1 Exhibit C - Project Manual excerpts, #2 Exhibit D - Work Plan excerpts, #3 Exhibit E - Wilson deposition excerpts, #4 Exhibit F - Briggs deposition excerpts, #5 Exhibit G - K. Scott letter, #6 Exhibit H - Niermeyer Declaration, #7 Exhibit I - Interlocal Cooperation Agreement, #8 Exhibit J - Project Management Agreement, #9 Exhibit K - Skance Declaration, #10 Exhibit L - Pak Declaration, #11 Exhibit M - Amendment to Interlocal Cooperation Agreement)(Hogle, Chris)
December 15, 2014 Opinion or Order Filing 240 MEMORANDUM in Opposition re #234 MOTION for Partial Summary Judgment filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Professional Services Agreement, #2 Exhibit B - Administrative Order on Consent excerpts)(Hogle, Chris)
December 10, 2014 Opinion or Order Filing 239 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dr. John Pantano on December 4, 2014, filed by Defendant ERM WEST. (Horvat, Stephen)
December 5, 2014 Opinion or Order Filing 238 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Brad Archibald (Pioneer Technical Services) on November 25, 2014, filed by Defendant ERM WEST. (Horvat, Stephen)
December 5, 2014 Opinion or Order Filing 237 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Steven D. Anderson (Anderson Engineering Co.) on December 1, 2014, filed by Defendant ERM WEST. (Horvat, Stephen)
November 26, 2014 Opinion or Order Filing 236 NOTICE OF CONVENTIONAL FILING of Documents for In Camera Review filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Horne, Jennifer)
November 17, 2014 Opinion or Order Filing 235 Modification of Docket re #234 MOTION for Partial Summary Judgment: Error: Motion for Partial Summary Judgment was filed using the Summary Judgment event type. Correction: Changed motion event type to Motion for PARTIAL SUMMARY JUDGMENT. (blh)
November 14, 2014 Opinion or Order Filing 234 MOTION for Partial Summary Judgment (re Damages) filed by Defendant ERM WEST. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A - DEQ Memo, #3 Exhibit B - Meeting Notes, May 25, 2000, #4 Exhibit C - SLC Position Paper re Allocation, #5 Exhibit D - Interlocal Cooperation Agreement, #6 Exhibit E - Allocation Agreement, #7 Exhibit F - Administrative Order on Counsel, #8 Exhibit G - DOF Memo, #9 Exhibit H - Project Manual, #10 Exhibit I - Draft Segment 1 Completion Report, #11 Exhibit J - SLC's Supplemental Damages Disclosures, #12 Exhibit K - SLC Account Spreadsheet, #13 Exhibit L - SLC Reimbursement Receipts, #14 Exhibit M - BP Accounting Spreadsheet, #15 Exhibit N - First Amendment to Interlocal Cooperation Agreement)(Horvat, Stephen) Modified by changing event type to Motion for Partial Summary Judgment on 11/17/2014 (blh).
November 14, 2014 Opinion or Order Filing 232 MEMORANDUM DECISION and ORDER granting #179 Motion for Discovery; denying #189 Motion to Amend/Correct; granting #195 Motion for Protective Order; denying #206 Motion for Sanctions; taking under advisement with respect to the Privileged Documents #105 Motion to Compel and #186 Motion to Compel. See order for additional details re 105, 186 Motions to Compel. Signed by Magistrate Judge Paul M. Warner on 11/14/2014. (blh)
November 10, 2014 Opinion or Order Filing 231 DOCKET TEXT ORDER finding as moot #186 Motion for Status Conference; finding as moot #186 Motion for Extension of Time to Complete Discovery. Per #198 , these two portions of the motion have been rendered moot. Signed by Magistrate Judge Paul M. Warner on 11/10/2014. (docket text order; no attached document) (jcd)
November 10, 2014 Opinion or Order NOTICE VACATING MOTION HEARING set for 11/14/2014 at 3:00 p.m. before Magistrate Judge Paul M. Warner. The court will rule on the motions on the basis of the written submissions. (Notice generated by Judge Warner's Chambers) (jcd)
November 7, 2014 Opinion or Order Filing 230 REQUEST to Submit for Decision re #206 MOTION for Sanctions and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
November 7, 2014 Opinion or Order Filing 229 REPLY to Response to Motion re #206 MOTION for Sanctions and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Justin Scott Email 7-10-14), #2 Exhibit B (SPH Email 9-19-14), #3 Exhibit C (ERM Expense Report))(Horvat, Stephen)
November 5, 2014 Opinion or Order Filing 228 **SEALED DOCUMENT** Reply Memorandum re #209 SEALED MOTION to Deny Claim of Privilege filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Email correspondence dated 6/15/2004, #2 Exhibit B - Email correspondence dated 3/29/2011, #3 Exhibit C - Email correspondence dated 8/19/2011) (blh)
November 5, 2014 Opinion or Order Filing 227 NOTICE OF CONVENTIONAL FILING of ERM-West's Reply Memorandum in Support of Motion to Deny Claim of Privilege filed by Defendant ERM WEST (Horvat, Stephen)
November 5, 2014 Opinion or Order Filing 226 Error-REPLY to Response to Motion re #209 SEALED MOTION to Deny Claim of Privilege filed by Defendant ERM WEST. (Horvat, Stephen) Modified on 11/5/2014-Document will be re-filed as a notice of conventional filing (jmr).
November 4, 2014 Opinion or Order Filing 225 **SEALED DOCUMENT** Errata re #222 Sealed Document filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A) (blh)
November 3, 2014 Opinion or Order Filing 224 MEMORANDUM in Opposition re #206 MOTION for Sanctions and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - 11-3-14 Declaration of C. Hogle, #2 Exhibit B - 10-6-14 E-mail exchange, #3 Exhibit C - 10-15-14 A. Peck e-mail, #4 Exhibit D - 7-3-14 C. Hogle e-mail, #5 Exhibit E - 10-14-14 J. Scott e-mail, #6 Exhibit F - 10-29-14 A. Peck e-mail, #7 Exhibit G - 7-2-14 C. Hogle e-mail, #8 Exhibit H - 8-25-14 Status Conference Transcript)(Hogle, Chris)
November 3, 2014 Opinion or Order Filing 223 NOTICE OF CONVENTIONAL FILING of Notice of Errata filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation re #222 Sealed Document,,,, (Horne, Jennifer)
November 3, 2014 Opinion or Order Filing 221 DOCKET TEXT ORDER granting #175 Motion for Hearing re: #105 MOTION to Compel Production of Documents. Hearing is scheduled for 11/14/2014 (see docket no. 220). Signed by Magistrate Judge Paul M. Warner on 11/03/2014. (docket text order; no attached document) (jcd)
November 3, 2014 Opinion or Order Filing 220 NOTICE OF HEARING ON MOTIONS: #105 MOTION to Compel Production of Documents; #179 MOTION (Renewed) for Additional Interrogatories; #186 MOTION to Compel Production of Documents; #189 MOTION to Amend Case Caption; #195 MOTION for Protective Order; #209 SEALED MOTION; #215 MOTION to Deny Claim of Privilege.Motion Hearing set for 11/14/2014 at 3:00 P.M. in Room 8.400 before Magistrate Judge Paul M. Warner.Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah.(Notice generated by Judge Warner's chambers) (jcd)
October 31, 2014 Opinion or Order Filing 222 **SEALED DOCUMENT** Memorandum in Opposition re #209 SEALED MOTION to Deny Claim of Privilege, #215 MOTION to Deny Claim of Privilege filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Order on Consent for Removal Action, #3 Exhibit 2 - Common Interest and Joint Defense Agreement, #4 Exhibit 3 - Deposition excerpt of David Wilson, #5 Exhibit 4 - Letter from C. Hogle to M. Black dated November 1, 2013, #6 Exhibit 5 - Deposition excerpt of Kevin Murray, #7 Exhibit 6 - Letter from C. Hogle to T. Karrenberg dated September 30, 2014, #8 Exhibit 7 - Letter from T. Karrenberg to C. Hogle dated October 8, 2014, #9 Exhibit 8 - Email from Justin Scott to Chris Hogle dated October 30, 2014, #10 Exhibit 9 - Emails re Additional Privileged Documents at Issue, #11 Exhibit Declaration of Ashley A. Peck, #12 Exhibit Declaration of Eve Barron, #13 Exhibit Declaration of Kevin R. Murray, #14 Exhibit Declaration of Sheila D'Cruz) (blh)
October 31, 2014 Opinion or Order Filing 219 NOTICE OF CONVENTIONAL FILING of Plaintiff's Memorandum in Opposition to Defendants' Motion to Deny Claim of Privilege; Exhibits 1-9 filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Hogle, Chris)
October 28, 2014 Opinion or Order Filing 218 DOCKET TEXT ORDER finding as moot #208 Motion for Protective Order Postponing for Three Business Days the Deposition of Laura Briefer. The parties have communicated to the court that they have agreed to reschedule the deposition of Laura Briefer. Accordingly, the motion is moot. Signed by Magistrate Judge Paul M. Warner on 10/28/2014. (docket text order; no attached document) (jcd)
October 27, 2014 Opinion or Order Filing 217 REPLY to Response to Motion re #189 MOTION to Amend/Correct and Memorandum in Support Motion to Amend Case Caption filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Amendment to Interlocal Cooperation Agreement))(Horvat, Stephen)
October 24, 2014 Opinion or Order Filing 216 REPLY to Response to Motion re #195 MOTION for Protective Order and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - 10-6-14 E-mail)(Hogle, Chris)
October 22, 2014 Opinion or Order Filing 215 MOTION to Deny Claim of Privilege and Memorandum in Support re #209 SEALED MOTION to Deny Claim of Privilege, #207 Notice of Conventional Filing and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. Motions referred to Paul M. Warner.(Scott, Justin)
October 21, 2014 Opinion or Order Filing 214 NOTICE OF DEFICIENCY re #211 Notice (Other). The party filed a Notice of Joinder to another party's Motion. According to DUCivR 7-1(a)(4) parties must file their own motion. DUCivR 7-1(a)(4) Motions Seeking Relief Similar to Another Party's Motion. Each party seeking relief from the Court must file its own motion stating the relief sought and the basis for the requested relief. A party may incorporate by reference the arguments and reasons set forth in another party's motion or memorandum to the extent applicable to that party.The clerk requests the filer of the original document to submit its own motion. The new pleading will receive a new document number on the docket. (blh)
October 21, 2014 Opinion or Order Filing 213 REPLY to Response to Motion re #179 MOTION for Discovery (Renewed) filed by Defendant ERM WEST. (Karrenberg, Thomas)
October 20, 2014 Opinion or Order Filing 212 NOTICE of Joinder in ERM-West Inc.'s Memorandum Opposing Plaintiffs' Motion for Protective Order by Compass Environmental, WRS Infrastructure and Environment re #205 Memorandum in Opposition to Motion, (Scott, Justin)
October 20, 2014 Opinion or Order Filing 211 NOTICE of of Joinder in ERM-West Inc.'s Motion to Deny Claim of Privilege by Compass Environmental, WRS Infrastructure and Environment re #209 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support, #207 Notice of Conventional Filing (Scott, Justin)
October 20, 2014 Opinion or Order Filing 210 RESPONSE to Motion re #179 MOTION for Discovery (Renewed) filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - 9-19-14 E-mail, #2 Exhibit 2 - 9-23-14 E-mail)(Hogle, Chris)
October 17, 2014 Opinion or Order Filing 209 *SEALED DOCUMENT* SEALED MOTION to Deny Claim of Privilege and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Email dated 2/14/2011, #2 Exhibit B - Email dated 2/16/2011, #3 Exhibit C - Email dated 2/17/2011, #4 Exhibit D - Letter dated 7/23/2013, #5 Exhibit E - Letter from Chris Hogle to TRK dated 8/1/2014, #6 Exhibit F - Letter from Chris Hogle to ERM counsel dated 9/30/2014, #7 Exhibit G - Email dated 11/12/2010, #8 Exhibit H - Email dated 2/5/2011, #9 Exhibit I - Email dated 2/3/2011, #10 Exhibit J - Email dated 7/5/2011, #11 Exhibit K - Email dated 7/5/2011, #12 Exhibit L - Email string from City dated 9/20/2011, #13 Exhibit M - Letter to Chris Hogle dated 9/20/2013, #14 Exhibit N - Letter to Michael Black dated 10/2/2013, #15 Exhibit O - Letter to Chris Hogle re Priv Docs dated 10/31/2013, #16 Exhibit P - Deposition of Kevin Murray dated 7/29/2014) Motions referred to Paul M. Warner. (blh)
October 17, 2014 Opinion or Order Filing 208 MOTION for Protective Order and Memorandum in Support Postponing for Three Business Days the Deposition of Laura Briefer filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - 9/24-10/16/14 Email Exchange, #2 Exhibit B - 10/15/14 Peck Email, #3 Exhibit C - 7/3/14 C. Hogle Email, #4 Exhibit D - 7/2/14 C. Hogle Email, #5 Exhibit E - 10/14/14 J. Scott Email) Motions referred to Paul M. Warner.(Hogle, Chris)
October 17, 2014 Opinion or Order Filing 207 NOTICE OF CONVENTIONAL FILING of ERM-West's Motion to Deny Claim of Privilege and Memorandum in Support filed by Defendant ERM WEST (Karrenberg, Thomas)
October 16, 2014 Opinion or Order Filing 206 MOTION for Sanctions and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (140917 ERM Not of 30(b)(6) Depo), #2 Exhibit B (140917 Horvat Email to counsel re depo notice), #3 Exhibit C (141016 Decl of S. Horvat), #4 Exhibit D (Court Docket), #5 Exhibit E (140627 Hogle email to defendants), #6 Exhibit F (140924 Peck Email re witness availability), #7 Exhibit G (Witness Depo), #8 Exhibit H (140925 Horvat Email to Peck re witness scheduling), #9 Exhibit I (141016 Decl of T. Karrenberg), #10 Exhibit J (140919 Hogle email re scheduling issues), #11 Exhibit K (140923 Hogle Email re depos), #12 Exhibit L (140930 Horvat Email re protective order motion), #13 Exhibit M (141006 Hogle email cancelling SLC depo)) Motions referred to Paul M. Warner.(Karrenberg, Thomas)
October 16, 2014 Opinion or Order Filing 205 MEMORANDUM in Opposition re #195 MOTION for Protective Order and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Hogle Email to Horvat Sept. 19, #2 Exhibit B - Horvat Email to Hogle Sept. 30, #3 Exhibit C - Hogle Horvat Email String, #4 Exhibit D - Jeff Niermeyer Depo Excerpt, #5 Exhibit E - Interlocal Cooperation Agreement, #6 Exhibit F - Bret Randall Depo Excerpt)(Karrenberg, Thomas)
October 16, 2014 Opinion or Order Filing 204 ORDER granting #193 Motion for Leave to File Sur-Response re #179 Motion for Discovery (Renewed). Signed by Magistrate Judge Paul M. Warner on 10/16/14 (alt)
October 14, 2014 Opinion or Order Filing 203 RESPONSE to Motion re #193 Plaintiff's MOTION to File Sur Response to ERM's Reply in Support of Renewed Motion for Additional Interrogatories re #187 Reply Memorandum/Reply to Response to Motion filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Reply to Sur-Response))(Karrenberg, Thomas)
October 10, 2014 Opinion or Order Filing 202 REQUEST to Submit for Decision re #186 MOTION to Compel production of documents and Memorandum in Support and for Status Conference and to Extend Fact Discovery MOTION for Hearing MOTION for Extension of Time to Complete Discovery filed by Defendant ERM WEST. (Horvat, Stephen)
October 10, 2014 Opinion or Order Filing 201 ORDER granting #197 Motion for Leave to File Overlength Reply Memo. Signed by Magistrate Judge Paul M. Warner on 10/10/14 (alt)
October 9, 2014 Opinion or Order Filing 200 RESPONSE to Motion re #189 MOTION to Amend/Correct and Memorandum in Support Motion to Amend Case Caption filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
October 9, 2014 Opinion or Order Filing 199 ERRATA to #198 Reply Memorandum/Reply to Response to Motion,, filed by Defendant ERM WEST . (Attachments: #1 Exhibit A (July 9, 2014 Hogle Email to Horvat), #2 Exhibit B (Second Amended Complaint), #3 Exhibit C (Project Manual), #4 Exhibit D (Work Plan), #5 Exhibit E (Sampling and Analysis Plan), #6 Exhibit F (Statement of Work), #7 Exhibit G (Action Memo), #8 Exhibit H (EE-CA), #9 Exhibit I (Final Report), #10 Exhibit J (Kevin Murray Letter), #11 Exhibit K (Vicki Bennett Depo Excerpts))(Horvat, Stephen)
October 9, 2014 Opinion or Order Filing 198 REPLY to Response to Motion re #186 MOTION to Compel production of documents and Memorandum in Support and for Status Conference and to Extend Fact Discovery MOTION for Hearing MOTION for Extension of Time to Complete Discovery filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (July 9, 2014 Hogle Email to Horvat), #2 Exhibit B (Second Amended Complaint), #3 Exhibit C (Project Manual), #4 Exhibit D (Work Plan), #5 Exhibit E (Sampling and Analysis Plan), #6 Exhibit F (Statement of Work), #7 Exhibit G (Action Memo), #8 Errata H (EE-CA), #9 Exhibit I (Final Report), #10 Exhibit J (Kevin Murray Letter), #11 Exhibit K (Vicki Bennett Depo Excerpts))(Horvat, Stephen)
October 9, 2014 Opinion or Order Filing 197 MOTION for Leave to File Overlength Reply Memorandum Supporting ERM's Motion for Status Conference, to Extend Fact Discovery, and to Compel Production of Documents and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen)
September 30, 2014 Opinion or Order Filing 196 ERRATA to #195 MOTION for Protective Order and Memorandum in Support filed by Plaintiff Salt Lake City Corporation . (Hogle, Chris)
September 29, 2014 Opinion or Order Filing 195 MOTION for Protective Order and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) Motions referred to Paul M. Warner.(Hogle, Chris)
September 29, 2014 Opinion or Order Filing 194 ORDER granting #190 Motion for Scheduling Order. Discovery due by 5/15/2015. Motions due by 3/20/2015. Final Pretrial Conference set for 7/27/2015 02:30 PM in Rm 8.300 before Judge Ted Stewart. 15 Day Jury Trial set for 8/10/2015 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Paul M. Warner on 9/29/2014. (blh)
September 26, 2014 Opinion or Order Filing 193 Plaintiff's MOTION to File Sur Response to ERM's Reply in Support of Renewed Motion for Additional Interrogatories re #187 Reply Memorandum/Reply to Response to Motion filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Plaintiffs' Sur Response, etc.) Motions referred to Paul M. Warner.(Hogle, Chris)
September 26, 2014 Opinion or Order Filing 192 AFFIDAVIT/DECLARATION of Christopher R. Hogle in Opposition re #186 MOTION to Compel production of documents and Memorandum in Support and for Status Conference and to Extend Fact Discovery MOTION for Hearing MOTION for Extension of Time to Complete Discovery filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - 4-2-14 E-mail, #2 Exhibit B - 6-27-14 Letter, #3 Exhibit C - 6-5-14 Letter, #4 Exhibit D - 6-12-14 Letter, #5 Exhibit E - 7-10-14 E-mail, #6 Exhibit F - 9-16-14 E-mail, #7 Exhibit G - Wilson Deposition Excerpts, #8 Exhibit H - Administrative Order on Consent, #9 Exhibit I - Section 02315 of Project Manual, #10 Exhibit J - Section 2.0 of Removal Action Work Plan)(Hogle, Chris)
September 26, 2014 Opinion or Order Filing 191 Plaintiff's MEMORANDUM in Opposition re #186 MOTION to Compel production of documents and Memorandum in Support and for Status Conference and to Extend Fact Discovery MOTION for Hearing MOTION for Extension of Time to Complete Discovery filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
September 22, 2014 Opinion or Order Filing 190 Joint MOTION to Amend/Correct #169 Order on Motion for Scheduling Order, and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Horvat, Stephen) Modified by changing event type to Motion for Scheduling Order on 9/29/2014 (blh).
September 22, 2014 Opinion or Order Filing 189 MOTION to Amend/Correct and Memorandum in Support Motion to Amend Case Caption filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Proposed New Caption) Motions referred to Paul M. Warner.(Horvat, Stephen)
September 15, 2014 Opinion or Order Filing 188 REQUEST to Submit for Decision re #179 MOTION for Discovery and Memorandum in Support (Renewed) filed by Defendant ERM WEST. (Horvat, Stephen)
September 15, 2014 Opinion or Order Filing 187 REPLY to Response to Motion re #179 MOTION for Discovery and Memorandum in Support (Renewed) filed by Defendant ERM WEST. (Horvat, Stephen)
September 10, 2014 Opinion or Order Filing 186 MOTION to Compel production of documents and Memorandum in Support and for Status Conference and to Extend Fact Discovery filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (140825 Minute Entry), #2 Exhibit B (ERM's Discovery Requests), #3 Exhibit C (140613 Stipulated Scheduling Order), #4 Exhibit D (140620 Horvat Email to Hogle), #5 Exhibit E (140627 Hogle Email to Defendants), #6 Exhibit F (140710 Scott Email to Hogle), #7 Exhibit G (140715 Horvat Email to Hogle), #8 Exhibit H (140811 Horvat Email to Hogle), #9 Exhibit I (140902 Hogle Email to ERM Counsel), #10 Exhibit J (140903 Hogle Email to ERM Counsel), #11 Exhibit K (140904 Horvat Letter to Hogle), #12 Exhibit L (140826 Horvat Email to SLC Counsel), #13 Exhibit M (140709 Hogle Email to Counsel), #14 Exhibit N (Depo Ex. 77)) Motions referred to Paul M. Warner.(Horvat, Stephen). Added MOTION for Hearing, MOTION for Extension of Time to Complete Discovery on 9/10/2014 (blh).
August 27, 2014 Opinion or Order Filing 185 AFFIDAVIT/DECLARATION of Christopher Hogle in Opposition re #179 MOTION for Discovery and Memorandum in Support (Renewed) filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - July 12, 2013 Letter from C. Hogle to M. Black, #2 Exhibit B - April 2-3, 2014 e-mails re additional interrogatories, #3 Exhibit C - Plaintiff's Responses to ERM's Second Set Requests for Production of Documents, #4 Exhibit D - Plaintiff's Individual Supplemental Damages Disclosures, #5 Exhibit E - Notice of Deposition of SLC Corporation, #6 Exhibit F - Plaintiff's Document Lists in Response to Deposition Categories, #7 Exhibit G - June 7, 2013 e-mail from A. Peck to M. Black and M. Houdeshel)(Hogle, Chris)
August 27, 2014 Opinion or Order Filing 184 MEMORANDUM in Opposition re #179 MOTION for Discovery and Memorandum in Support (Renewed) filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Hogle, Chris)
August 25, 2014 Opinion or Order Filing 183 Minute Entry for proceedings held before Judge Ted Stewart: Status Conference held on 8/25/2014. The status of the case is given by the parties as to the bankruptcy filed by defendants Compass and WRS. Plaintiff is to decide within 7 days if they will try to lift the automatic stay. The court reiterates to the parties that it wants to retain the existing scheduling order unless absolutely necessary to change. Attorney for Plaintiff: Chris Hogle, Attorney for Defendant: Thomas Karrenberg, Stephen Horvat, Jared Scott, Kent Scott, Justin Scott. Court Reporter: Ed Young. (rlr)
August 21, 2014 Opinion or Order Filing 182 NOTICE OF HEARING: (Notice generated by Chambers (rlr)) Status Conference set for 8/25/2014 10:00 AM in Rm 8.300 before Judge Ted Stewart. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (rlr)
August 20, 2014 Opinion or Order Filing 181 STATUS REPORT Concerning Compass Environmental, Inc.'s and WRS Infrastructure and Environment, Inc.'s Notice of Bankruptcy by BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
August 11, 2014 Opinion or Order Filing 180 RESPONSE to Motion re #175 MOTION for Hearing re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
August 11, 2014 Opinion or Order Filing 179 MOTION for Discovery and Memorandum in Support (Renewed) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - SLC's Resp to ERM's First Set of Discovery, #2 Exhibit B - 062613 Letter to Chris Hogle, #3 Exhibit C - 040714 ERM's Second Set of Interrogatories, #4 Exhibit D - 062714 Email from Chris Hogle, #5 Exhibit E - Emails to/from Chris Hogle, #6 Exhibit F - Declaration of Stephen P. Horvat) Motions referred to Paul M. Warner.(Horvat, Stephen)
August 6, 2014 Opinion or Order Filing 178 ORDER FOR STATUS REPORT. Signed by Judge Ted Stewart on 8/6/2014. (blh)
August 5, 2014 Opinion or Order Filing 177 NOTICE OF FILING BANKRUPTCY Upon the Record as to Compass Environmental and WRS Infrastructure and Environment, filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (blh)
August 1, 2014 Opinion or Order Filing 176 NOTICE OF FILING BANKRUPTCY Upon the Record by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit Exhibit A - Suggestion of Bankruptcy)(Scott, Kent)
July 23, 2014 Opinion or Order Filing 175 MOTION for Hearing re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. Motions referred to Paul M. Warner.(Hogle, Chris)
July 18, 2014 Opinion or Order Filing 174 REQUEST to Submit for Decision re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
July 18, 2014 Opinion or Order Filing 173 REPLY to Response to Motion re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit "A" - Declaration of Thomas R. Karrenberg)(Karrenberg, Thomas)
July 14, 2014 Opinion or Order Filing 172 MEMORANDUM DECISION and ORDER granting in part and denying in part #148 Motion to Compel; denying #149 Motion for Discovery; granting #152 Motion to Compel. Signed by Magistrate Judge Paul M. Warner on 7/14/2014. (blh)
June 30, 2014 Opinion or Order Filing 171 MEMORANDUM DECISION and Order- denying #136 Motion to Exclude; denying #138 Motion to Exclude. See Order for details. Signed by Judge Ted Stewart on 6/30/14. (jmr)
June 13, 2014 Opinion or Order Filing 170 DOCKET TEXT ORDER finding as moot #135 Motion for Scheduling Order. The motion has been rendered moot by entry of #169 Stipulated Scheduling Order. Signed by Magistrate Judge Paul M. Warner on 06/13/2014. (docket text order; no attached document) (jcd)
June 13, 2014 Opinion or Order Filing 169 ORDER granting #168 Motion to Amend Scheduling Order. Discovery due by 5/15/2015. Motions due by 3/5/2015. Final Pretrial Conference set for 7/27/2015 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 15 Day Jury Trial set for 8/10/2015 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Paul M. Warner on 6/13/2014. (blh)
June 9, 2014 Opinion or Order Filing 168 Joint MOTION to Amend/Correct #135 Plaintiff's MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order Stipulated Scheduling Order) Motions referred to Paul M. Warner.(Hogle, Chris) Modified by changing event type to Motion for Scheduling Order on 6/10/2014 (tls).
May 20, 2014 Opinion or Order Filing 167 NOTICE of Appearance by Jared D. Scott on behalf of ERM WEST (Scott, Jared)
May 15, 2014 Opinion or Order Filing 166 REQUEST to Submit for Decision re #148 MOTION to Compel Initial Disclosures from Plaintiff Salt Lake City Corporation and Memorandum in Support , #149 MOTION for Discovery and Memorandum in Support (Additional Interrogatories) filed by Defendant ERM WEST. (Horvat, Stephen)
May 12, 2014 Opinion or Order Filing 165 AFFIDAVIT/DECLARATION of Justin E. Scott in Opposition re #135 Plaintiff's MOTION for Scheduling Order and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
May 12, 2014 Opinion or Order Filing 164 AFFIDAVIT/DECLARATION of Michael D. Black in Opposition re #135 Plaintiff's MOTION for Scheduling Order and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
May 12, 2014 Opinion or Order Filing 163 REPLY to Response to Motion re #152 Plaintiff's MOTION to Compel Defendant Compass' Response to Rule 30(b)(6) Notice and Rule 34 Document Requests and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Hallisey Deposition Transcript excerpt, #2 Exhibit B - Compass' First Set Discovery Requests)(Horne, Jennifer)
May 12, 2014 Opinion or Order Filing 162 REPLY to Response to Motion re #149 MOTION for Discovery and Memorandum in Support (Additional Interrogatories) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Proposed Additional Interrogatories), #2 Exhibit B (Email exchange), #3 Exhibit C (D. Wilson email to Workman Group))(Horvat, Stephen)
May 12, 2014 Opinion or Order Filing 161 REPLY to Response to Motion re #148 MOTION to Compel Initial Disclosures from Plaintiff Salt Lake City Corporation and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
April 25, 2014 Opinion or Order Filing 160 ERRATA to #156 Reply Memorandum/Reply to Response to Motion, filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation . (Attachments: #1 Exhibit 2 - corrected letter)(Horne, Jennifer)
April 25, 2014 Opinion or Order Filing 159 MEMORANDUM in Opposition re #152 Plaintiff's MOTION to Compel Defendant Compass' Response to Rule 30(b)(6) Notice and Rule 34 Document Requests and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit Ex. 1 Notice of Deposition, #2 Exhibit Ex. 2 Affidavit of Justin Scott, #3 Exhibit Ex. 3 Depo. Transcript, p. 18, #4 Exhibit Ex. 4 Supplemental Response to Plaintiffs' Notice, #5 Exhibit Ex. 5 Letter dated December 3, 2013, #6 Exhibit Ex. 6 Letter dated December 13, 2013)(Scott, Justin)
April 24, 2014 Opinion or Order Filing 158 Plaintiff's MEMORANDUM in Opposition re #149 MOTION for Discovery and Memorandum in Support (Additional Interrogatories) filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit A - Attorneys' Planning Meeting Report, #2 Exhibit B - Letter re Original Interrogatories, #3 Exhibit C - Email re Additional Interrogatories)(Horne, Jennifer)
April 24, 2014 Opinion or Order Filing 157 MEMORANDUM in Opposition re #148 MOTION to Compel Initial Disclosures from Plaintiff Salt Lake City Corporation and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Plaintiffs' Initial Disclosures, #2 Exhibit B - Plaintiffs' Supplemental Disclosures, #3 Exhibit C - Second Set of Document Requests)(Hogle, Chris)
April 24, 2014 Opinion or Order Filing 156 REPLY to Response to Motion re #135 Plaintiff's MOTION for Scheduling Order and Memorandum in Support Motion for Scheduling Order filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Hogle Declaration, #2 Exhibit 2 - Letter to Anderson and Karrenberg, #3 Exhibit 3 - Letter re Records Request, #4 Exhibit 4 - SLC GRAMA Responses)(Horne, Jennifer)
April 23, 2014 Opinion or Order Filing 155 DOCKET TEXT ORDER finding as moot #104 Motion for Extension of Time to Complete Discovery. The motion has been rendered moot by the more recent filing of #135 Plaintiff's Motion for Scheduling Order. Signed by Magistrate Judge Paul M. Warner on 04/23/2014. (docket text order; no attached document) (jcd)
April 21, 2014 Opinion or Order Filing 154 REPLY to Response to Motion re #138 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support filed by Defendant ERM WEST. (Horvat, Stephen)
April 17, 2014 Opinion or Order Filing 153 REPLY to Response to Motion re #136 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit A) Engineering Evaluation and Cost Analysis, #2 Exhibit B) Contract Addendum No. 1, #3 Exhibit C) Letter dated August 30, 2004, #4 Exhibit D) Letter dated January 17, 2014)(Scott, Justin)
April 8, 2014 Opinion or Order Filing 152 Plaintiff's MOTION to Compel Defendant Compass' Response to Rule 30(b)(6) Notice and Rule 34 Document Requests and Memorandum in Support filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) Motions referred to Paul M. Warner.(Horne, Jennifer)
April 7, 2014 Opinion or Order Filing 151 Joint MEMORANDUM in Opposition re #135 Plaintiff's MOTION for Scheduling Order and Memorandum in Support (filed on behalf of all Defendants) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Affidavit of Justin Scott, #2 Exhibit B - Plaintiffs' Supplemental Disclosures, #3 Exhibit C - Plaintiffs' Initial Disclosures, #4 Exhibit D - Allocation Agreement, #5 Text of Proposed Order Defendants' Proposed Scheduling Order)(Horvat, Stephen)
April 7, 2014 Opinion or Order Filing 150 AFFIDAVIT/DECLARATION of Stephen P. Horvat in Support re #148 MOTION to Compel Initial Disclosures from Plaintiff Salt Lake City Corporation and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Plaintiffs' Initial Disclosures, #2 Exhibit B - Plaintiffs' Supplemental Disclosures)(Horvat, Stephen)
April 7, 2014 Opinion or Order Filing 149 MOTION for Discovery and Memorandum in Support (Additional Interrogatories) filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - SLC Corp's Responses to ERM's First Set of Discovery Requests, #2 Exhibit B - Black Letter to Hogle, #3 Exhibit C - Horvat Email to Hogle) Motions referred to Paul M. Warner.(Horvat, Stephen)
April 7, 2014 Opinion or Order Filing 148 MOTION to Compel Initial Disclosures from Plaintiff Salt Lake City Corporation and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A - Horvat Letter to Hogle, #2 Exhibit B - Peck Letter to Horvat, #3 Exhibit C - Horvat Email to Peck, #4 Exhibit D - Hogle Email to Horvat, #5 Exhibit E - Horvat Letter to Hogle, #6 Exhibit F - Horne Letter to Horvat, #7 Exhibit G - Allocation Agreement) Motions referred to Paul M. Warner.(Horvat, Stephen)
April 6, 2014 Opinion or Order Filing 140 NOTICE FROM THE COURT - The relocation move of the CM/ECF server disrupted some docketing which occurred between 2:20 pm on April 4 (Friday) and 12 midnight on April 4. An entry was made in this case. If you e-filed anything in that period of time, it will be necessary for you to refile as soon as possible. If the event you are docketing allows extra text, please add this text to your docket entry: "Redocketed per request of the Clerk on April 6, 2014" (rks)
April 4, 2014 Opinion or Order Filing 147 EXHIBITS filed by Salt Lake City Corporation re #141 Response to Motion,. (Attachments: #1 Exhibit 7 - 2-24-14 EPA Letter, #2 Exhibit 8 - 3-27-14 EPA Letter)(Redocketed per request of the Clerk - April 6, 2014)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Opinion or Order Filing 146 EXHIBITS filed by Salt Lake City Corporation re #141 Response to Motion,. (Attachments: #1 Exhibit 3 - Bolger 30b6 Deposition, #2 Exhibit 4 - Briggs 30b6 Deposition, #3 Exhibit 5 - Battistoni 30b6 Deposition, #4 Exhibit 6 - Professional Service Agreement)(Redocketed per request of the Clerk - April 6, 2014)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Opinion or Order Filing 145 EXHIBITS filed by Salt Lake City Corporation re #141 Response to Motion,. (Attachments: #1 Exhibit 2 Part 4 - AOC)(Redocketed per request of the Clerk - April 6, 2014)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Opinion or Order Filing 144 EXHIBITS filed by Salt Lake City Corporation re #141 Response to Motion,. (Attachments: #1 Exhibit 2 Part 3 - AOC)(Redocketed per request of the Clerk - April 6, 2014)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Opinion or Order Filing 143 EXHIBITS filed by Salt Lake City Corporation re #141 Response to Motion,. (Attachments: #1 Exhibit 2 Part 2 - AOC)(Redocketed per request of the Clerk - April 6, 2014)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Opinion or Order Filing 142 EXHIBITS filed by Salt Lake City Corporation re #141 Response to Motion,. (Attachments: #1 Exhibit 2 Part 1 - AOC)(Redocketed per request of the Clerk - April 6, 2014)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Opinion or Order Filing 141 RESPONSE to Motion re #136 and #138 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support "Redocketed per request of the Clerk on April 6, 2014" filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - EPA Invoice)(Hogle, Chris) Modified to reflect original file date on 4/7/2014 (rks). Modified on 5/7/2014 by creating docket entry relationship to #136 (tls).
March 31, 2014 Opinion or Order Filing 139 Motion No Longer Referred to Magistrate Judge Paul M. Warner: #138 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support. The motion will be handled by Chief District Judge Ted Stewart. (jcd)
March 28, 2014 Opinion or Order Filing 138 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit A (Nov 28, 2005 Email)) Motions referred to Paul M. Warner.(Horvat, Stephen)
March 27, 2014 Opinion or Order Filing 137 Motion No Longer Referred to Magistrate Judge Paul M. Warner: #136 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support. The motion will be handled by Chief District Judge Ted Stewart. (jcd)
March 26, 2014 Opinion or Order Filing 136 MOTION to Exclude Farmington Bay Contamination Claim and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosures, #2 Exhibit 2 - Plaintiffs' Supplemental Initial Disclosures and Supplemental Responses to Compass/WRS' Discovery Requests) Motions referred to Paul M. Warner.(Scott, Justin)
March 19, 2014 Opinion or Order Filing 135 Plaintiff's MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order) Motions referred to Paul M. Warner.(Peck, Ashley)
February 4, 2014 Opinion or Order Filing 134 NOTICE of Appearance by Thomas R Karrenberg on behalf of ERM WEST (Karrenberg, Thomas)
February 4, 2014 Opinion or Order Filing 133 NOTICE of Appearance by Stephen P. Horvat on behalf of ERM WEST (Horvat, Stephen)
January 29, 2014 Opinion or Order Filing 132 NOTICE OF WITHDRAWAL OF COUNSEL of David M. Bennion filed by David M. Bennion on behalf of ERM WEST (Bennion, David)
January 29, 2014 Opinion or Order Filing 131 NOTICE OF WITHDRAWAL OF COUNSEL filed by Raymond J. Etcheverry on behalf of ERM WEST (Etcheverry, Raymond)
January 23, 2014 Opinion or Order Filing 130 NOTICE OF WITHDRAWAL OF COUNSEL of Snell & Wilmer L.L.P. filed by Stewart O. Peay on behalf of ERM WEST (Peay, Stewart)
January 23, 2014 Opinion or Order Filing 129 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Status Conference held on 1/23/2014. Counsel for all parties present. Both parties argue the conflict of Interest issue (ERM West). The plaintiff has 10 days (February 3) to file a motion regarding the conflict. The defendant will have 10 days (February 12) to file a response to the motion. Any replies will be due by February 17. Attorney for Plaintiff: Chris Hogls and Ashley Peck, Attorney for Defendant: Raymond J. Etcheverry and Justin Scott. Court Reporter: electronic.(Time Start: 10:01:38 am, Time End: 10:16:00 am, Room 103.) (ksm)
January 17, 2014 Opinion or Order Filing 128 NOTICE of Appearance by David M. Bennion on behalf of ERM WEST (Bennion, David)
January 17, 2014 Opinion or Order Filing 127 NOTICE of Appearance by Raymond J. Etcheverry on behalf of ERM WEST (Etcheverry, Raymond)
January 14, 2014 Opinion or Order Filing 126 NOTICE OF HEARING: (Notice generated by PMW chambers) Status Conference reset for 1/23/2014 10:00 AM in Room 150 (Clerks Office) before Magistrate Judge Paul M. Warner. **PLEASE NOTE DATE CHANGE** (ksm)
December 16, 2013 Opinion or Order Filing 125 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Status Conference held on 12/16/2013. Both parties present. Court hears from counsel. Dft's counsel requests leave to withdraw and for Dft to have until 1/20/14 to find new counsel. Court orders counsel to comply with rule to withdraw. Court sets status conference. Court stays all proceedings in this matter until the Status Conference on 1/22/2014. ( Status Conference set for 1/22/2014 10:00 AM in Room 150 (Clerks Office) before Magistrate Judge Paul M. Warner.). Attorney for Plaintiff: Chris Hogle and Ben Machlis, Attorney for Defendant: Stewart Peay and Justin Scott. Court Reporter: Electronic.(Time Start: 11:33:51 AM, Time End: 11:43:27 AM, Room 248.) (mas)
December 11, 2013 Opinion or Order Filing 124 NOTICE OF HEARING: (Notice generated by PMW chambers) Status Conference reset for 12/16/2013 11:30 AM in Room 248 before Magistrate Judge Paul M. Warner. **PLEASE NOTE TIME CHANGE** (ksm)
December 2, 2013 Opinion or Order Filing 123 NOTICE of Appearance by Robert F. Babcock on behalf of Compass Environmental, WRS Infrastructure and Environment (Babcock, Robert)
November 26, 2013 Opinion or Order Filing 122 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Status Conference held on 11/26/2013. Counsel present for all parties.The court hears argument from all parties regarding the attorney conflict matter. Counsel for ERM has 10 days (December 10, 2013) to determine whether or not they have a conflict in this matter. The counsel is to notify all parties as well as the court when a decision has been made. The court STAYS the deposition that is to take place on December 10, 2013. The court sets the matter for a Status Conference on December 16, 2013 at 11:00 a.m. before Magistrate Judge Paul M. Warner.The court STAYS the briefing schedule for the 2 pending motions until the attorney conflict is resolved. Attorney for Plaintiff: Chris Hogle, Attorney for Defendant: Mark Morris, Kent Scott and Jeff Handy. Court Reporter: electronic.(Time Start: 3:33:10 pm, Time End: 4:01:09 pm, Room 248.) (ksm)
November 26, 2013 Opinion or Order Filing 121 NOTICE OF HEARING: (Notice generated by PMW chambers) Status Conference set for 11/26/2013 03:30 PM in Room 248 before Magistrate Judge Paul M. Warner. (srs)
November 20, 2013 Opinion or Order Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss for Failure to State a Claim held on October 24, 2013 before Judge TED STEWART. Court Reporter/Transcriber Patti Walker, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/18/2014. (asp) Modified on 2/20/2014 by removing restricted text (las).
November 19, 2013 Opinion or Order Filing 118 NOTICE OF WITHDRAWAL OF COUNSEL of Steven J. Christiansen filed by Steven J Christiansen on behalf of ERM WEST (Christiansen, Steven)
November 18, 2013 Opinion or Order Filing 117 NOTICE of Appearance by Paul W. Shakespear on behalf of ERM WEST (Shakespear, Paul)
November 18, 2013 Opinion or Order Filing 116 DOCKET TEXT ORDER granting #103 Motion for Leave to File. Signed by Judge Ted Stewart on 11/18/2013. No attached document. (jjk)
November 15, 2013 Opinion or Order Filing 115 MEMORANDUM in Opposition re #104 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosures, #2 Exhibit 2 - Declaration of Christopher R. Hogle, #3 Exhibit 2A - 10-9 and 15-13 E-mails, #4 Exhibit 2B - 10-15-13 Letter, #5 Exhibit 3 - 10-21-13 E-mail)(Hogle, Chris)
November 15, 2013 Opinion or Order Filing 114 AFFIDAVIT/DECLARATION of Eugene Pak in Opposition re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
November 15, 2013 Opinion or Order Filing 113 AFFIDAVIT/DECLARATION of Richard D. Flint in Opposition re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
November 15, 2013 Opinion or Order Filing 112 AFFIDAVIT/DECLARATION of Kevin R. Murray in Opposition re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
November 15, 2013 Opinion or Order Filing 111 MEMORANDUM in Opposition re #105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - June 26, 2013 Letter, #2 Exhibit B - July 12, 2013 Letter, #3 Exhibit C - Earthfax Subpoena)(Hogle, Chris)
November 15, 2013 Opinion or Order Filing 110 NOTICE of Appearance by Stewart O. Peay on behalf of ERM WEST (Peay, Stewart)
November 15, 2013 Opinion or Order Filing 109 NOTICE of Substitution of Counsel by ERM WEST (Morris, Mark)
October 30, 2013 Opinion or Order Filing 108 NOTICE of Joinder in ERM-West Inc.'s Motion to Amend Scheduling Order by Compass Environmental, WRS Infrastructure and Environment re #104 MOTION for Extension of Time to Complete Discovery and Memorandum in Support (Scott, Justin)
October 30, 2013 Opinion or Order Filing 107 MEMORANDUM DECISION granting #88 Motion to Dismiss for Failure to State a Claim. Signed by Judge Ted Stewart on 10/30/2013. (asp)
October 29, 2013 Opinion or Order Filing 106 RESPONSE to Motion re #103 MOTION for Leave to File Supplemental Answer to Court's Question and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Timeline)(Hogle, Chris)
October 28, 2013 Opinion or Order Filing 105 MOTION to Compel Production of Documents from Plaintiffs and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Exhibit ERM's Discovery Requests, #2 Exhibit Plaintiffs' Responses to ERM's Discovery Requests, #3 Exhibit June 26 letter from ERM's Counsel, #4 Exhibit July 12 letter from Plaintiffs' counsel, #5 Exhibit Plaintiffs' Second Amended Privilege Log, #6 Exhibit Earthfax Privilege Log, #7 Exhibit September 20 Letter from ERM's counsel, #8 Exhibit October 2 letter from Plaintiffs' Counsel) Motions referred to Paul M. Warner.(Black, Michael)
October 28, 2013 Opinion or Order Filing 104 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Black, Michael)
October 28, 2013 Opinion or Order Filing 103 MOTION for Leave to File Supplemental Answer to Court's Question and Memorandum in Support filed by Defendant ERM WEST. Motions referred to Paul M. Warner.(Black, Michael)
October 24, 2013 Opinion or Order Filing 102 Minute Entry for proceedings held before Judge Ted Stewart: Motion Hearing held on 10/24/2013 re #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim filed by ERM WEST. Discussion and arguement heard. The Court takes the matter under advisement and will issue a ruling as soon as possible. Attorney for Plaintiff: Chris Hogle, Jennifer Horne, Attorney for Defendant: Stephen Hale, David Reymann, Michael Black, Justin Scott. Court Reporter: Patti Walker. (rlr)
October 18, 2013 Opinion or Order Filing 100 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Judgment on the Pleadings held on August 23, 2012 before Judge TED STEWART. Court Reporter/Transcriber Patti Walker, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2013. Redacted Transcript Deadline set for 11/18/2013. Release of Transcript Restriction set for 1/16/2014. (asp) Modified by removing restricted text on 1/17/2014 (rks).
October 3, 2013 Opinion or Order Filing 99 NOTICE OF HEARING ON MOTION re: #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim : (Notice generated by Chambers (rlr)). Motion Hearing set for 10/24/2013 10:00 AM before Judge Ted Stewart. (rlr)
September 5, 2013 Opinion or Order Filing 98 NOTICE of Plaintiffs' Joinder in ERM-West, Inc.'s Request for a Hearing for Oral Argument on ERM-West, Inc.'s Motion to Dismiss Plaintiffs' Agency Claim [Doc. 88] by Salt Lake City Corporation re #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim (Hogle, Chris)
September 5, 2013 Opinion or Order Filing 97 MEMORANDUM DECISION AND ORDER - denying #54 Motion for Partial Summary Judgment; granting #55 Motion for Judgment on the Pleadings ; granting #71 Motion to Amend Answer to First Amended Complaint. Signed by Judge Ted Stewart on 9/5/13. (ss)
September 3, 2013 Opinion or Order Filing 96 Set/Reset Scheduling Order Deadlines: Discovery due by 3/17/2014. Motions due by 2/7/2014. (ss)
September 3, 2013 Opinion or Order Filing 95 ORDER granting #93 Motion Amend Scheduling Order. Signed by Magistrate Judge Paul M. Warner on 9/3/13. (ss)
August 26, 2013 Opinion or Order Filing 94 REPLY to Response to Motion re #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim filed by Defendant ERM WEST. (Reymann, David)
August 23, 2013 Opinion or Order Filing 93 Stipulated MOTION Stipulated Motion to Amend Scheduling Order re #53 Scheduling Order, filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Order Amending Scheduling Order) Motions referred to Paul M. Warner.(Flint, Richard)
August 15, 2013 Opinion or Order Filing 92 MEMORANDUM in Opposition re #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
August 9, 2013 Opinion or Order Filing 91 ORDER granting #90 Motion for Extension of Time to File Response/Reply re #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim. Responses due by 8/15/2013. Signed by Judge Ted Stewart on 08/09/2013. (asp)
August 8, 2013 Opinion or Order Filing 90 Stipulated MOTION for Extension of Time to Respond to ERM's Motion to Dismiss Plaintiffs' Agency Claim filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Horne, Jennifer) Modified on 8/9/2013 ; changed relief from for Extension of Time to for Extension of Time to File Response/Reply (asp).
July 22, 2013 Opinion or Order NOTICE FROM THE COURT: The hearing currently scheduled for 8/13/2013 at 3:00 PM regarding docket entries #54 , #55 , #71 , and #79 is STRICKEN and will be re-set once docket entry #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim filed by Defendant ERM WEST, is fully briefed. The hearing that is reset will incorporate all (5) pending motions. (rlr)
July 12, 2013 Opinion or Order Filing 89 CERTIFICATE OF SERVICE by Salt Lake City Corporation of Plaintiffs' Supplemental Response to Compass Environmental, Inc. and WRS Infrastructure and Environment, Inc.'s First Set of Interrogatories and Requests for Production of Documents (Hogle, Chris)
July 8, 2013 Opinion or Order Filing 88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Plaintiffs' Agency Claim filed by Defendant ERM WEST. (Attachments: #1 Exhibit 1 (PSA))(Reymann, David)
July 8, 2013 Opinion or Order Filing 87 ANSWER to #85 Amended Complaint, with Jury Demand filed by ERM WEST.(Reymann, David)
July 3, 2013 Opinion or Order Filing 86 Defendants Compass Environmental, Inc., WRS Infrastructure and Environment, Inc. d/b/a WRSCompass, Inc. ANSWER to #85 Amended Complaint, with Jury Demand filed by Compass Environmental, WRS Infrastructure and Environment.(Scott, Justin)
June 20, 2013 Opinion or Order Filing 85 AMENDED COMPLAINT Second against All Defendants., filed by Salt Lake City Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3 Part 1, #4 Exhibit Exhibit 3 Part 2, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5) (Horne, Jennifer)
June 20, 2013 Opinion or Order Filing 84 Stipulated MOTION to Amend/Correct #53 Scheduling Order, filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Black, Michael) Modified on 6/21/2013 ; changed relief from to Amend/Correct to for Amended Scheduling Order (asp).
June 20, 2013 Opinion or Order Filing 83 ORDER granting #82 Motion for Leave to File Second Amended Complaint. Signed by Judge Ted Stewart on 06/20/2013. (asp)
June 7, 2013 Opinion or Order Filing 82 Stipulated MOTION for Leave to File Second Amended Complaint filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Flint, Richard)
May 21, 2013 Opinion or Order Filing 81 NOTICE of Appearance by Michael D. Black on behalf of ERM WEST (Black, Michael)
May 10, 2013 Opinion or Order Filing 80 AMENDED NOTICE OF HEARING ON MOTION re: #55 MOTION for Judgment on the Pleadings and Memorandum in Support , #79 MOTION for Leave to File Second Amended Complaint and Memorandum in Support , #71 MOTION to Amend/Correct #33 Answer to Amended Complaint and Memorandum in Support , #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty : (Notice generated by Chambers (rlr)). Motion Hearing re-set at the request of counsel for 8/13/2013 03:00 PM in Room 142 before Judge Ted Stewart. (rlr)
May 6, 2013 Opinion or Order Filing 79 MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Malone letter) Motions referred to Paul M. Warner.(Hogle, Chris)
May 1, 2013 Opinion or Order Filing 78 NOTICE OF HEARING ON MOTION re: #55 MOTION for Judgment on the Pleadings and Memorandum in Support , #71 MOTION to Amend/Correct #33 Answer to Amended Complaint and Memorandum in Support , #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty : (Notice generated by Chambers (rlr)). Motion Hearing set for 7/30/2013 03:00 PM in Room 142 before Judge Ted Stewart. (rlr)
May 1, 2013 Opinion or Order Filing 77 REQUEST to Submit for Decision re #71 MOTION to Amend/Correct #33 Answer to Amended Complaint and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
May 1, 2013 Opinion or Order Filing 76 REPLY to Response to Motion re #71 MOTION to Amend/Correct #33 Answer to Amended Complaint and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
April 25, 2013 Opinion or Order Filing 75 RESPONSE to Motion re #71 MOTION to Amend/Correct #33 Answer to Amended Complaint and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Hogle, Chris)
April 24, 2013 Opinion or Order Filing 74 NOTICE of Appearance by Richard D. Flint on behalf of All Plaintiffs (Flint, Richard)
April 11, 2013 Opinion or Order Filing 73 REQUEST to Submit for Decision re #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
April 11, 2013 Opinion or Order Filing 72 REPLY to Response to Motion re #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit Ex. 1 - Document 00901, #2 Exhibit Ex. 2 - Affidavit of Justin Scott)(Scott, Justin)
April 11, 2013 Opinion or Order Filing 71 MOTION to Amend/Correct #33 Answer to Amended Complaint and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit Ex. A - Affidavit of Justin Scott, #2 Exhibit Ex. B - Amended Answer) Motions referred to Paul M. Warner.(Scott, Justin)
April 11, 2013 Opinion or Order Filing 70 REQUEST to Submit for Decision re #55 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Scott, Justin)
April 9, 2013 Opinion or Order Filing 69 NOTICE of Appearance by Jennifer S. Horne on behalf of BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Horne, Jennifer)
April 2, 2013 Opinion or Order Filing 68 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Paul M. Warner on 04/01/2013. (asp)
April 1, 2013 Opinion or Order Filing 67 NOTICE of Appearance by Mark B. Machlis on behalf of BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Machlis, Mark)
March 29, 2013 Opinion or Order Filing 66 RESPONSE to Motion re #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty - Corrected filed by Plaintiff BP Products North America. (Peck, Ashley)
March 28, 2013 Opinion or Order Filing 65 Plaintiff's MEMORANDUM in Opposition re #55 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Plaintiff Salt Lake City Corporation. (Peck, Ashley)
March 28, 2013 Opinion or Order Filing 64 RESPONSE to Motion re #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Exhibit Declaration of Jeffry T. Niermeyer, #2 Exhibit 1, Administrative Order on Consent (September 8, 2003), #3 Exhibit 2, Project Management Agreement Between Salt Lake City, BP Products North America Inc. and Chevron U.S.A. Inc. (September 15, 2003), #4 Exhibit 3, Professional Services Agreement (August 13, 2003), #5 Exhibit 4, Project Manual, Table of Contents, List of Drawings, List of Supplemental Attachments, p. 00003-1 through 00005-1, #6 Exhibit 5, Project Manual, Documents 00020 Invitation to Bid, 00100 Instructions to Bidders, and 00120 Modifications to Instructions to Bidders, #7 Exhibit 6, Project Manual, Section 00901, Addendum No. 1, #8 Exhibit 7, Project Manual, Section 01310, Coordination, #9 Exhibit 8, Project Manual, Section 01450. Quality Control. [new], #10 Exhibit 9, Project Manual, Internal and External Communication Protocol Memorandum (August 31, 2003), Supplemental Attachment No. 1, #11 Exhibit 10, Project Manual, DRAFT Northwest Oil Drain Quality Assurance Project Plan, Supplemental Attachment No. 2, #12 Exhibit 11, Project Manual, Section 00700, General Conditions, (p. 14, 13), #13 Exhibit 12, Compass Bid (February 10, 2004), #14 Exhibit 13, Compass Response to Questions for Compass Prepared by the NWOD Working Group (March 4, 2004), #15 Exhibit 14, Project Manual, Document 00500, Agreement, Part 4, #16 Exhibit 15, Certificates of Insurance, #17 Exhibit 16, Northwest Oil Drain Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP) (July 28, 2004), #18 Exhibit 17, Request for Change Northwest Oil Drain Project, Prepared for Northwest Oil Drain Working Group by Compass Environmental (March 14, 2005))(Peck, Ashley)
March 27, 2013 Opinion or Order Filing 63 ORDER OF RECUSAL Magistrate Judge Evelyn J. Furse recused. Case reassigned to Magistrate Judge Paul M. Warner for all further proceedings. Motions referred to Paul M. Warner.. Signed by Magistrate Judge Evelyn J. Furse on 03/27/2013. Case number will now read 2:11-cv-01174-TS-PMW.(asp)
March 26, 2013 Opinion or Order Filing 62 ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Evelyn J. Furse. Signed by Judge Ted Stewart on 3/26/13. (jjk)
March 25, 2013 Opinion or Order Filing 61 Stipulated MOTION for Protective Order filed by Defendant ERM WEST. (Attachments: #1 Text of Proposed Order)(Reymann, David)
March 8, 2013 Opinion or Order Filing 60 ORDER granting #57 Motion for Extension of Time to File Response/Reply re #55 MOTION for Judgment on the Pleadings and Memorandum in Support , #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty Replies due by 3/28/2013. Signed by Judge Ted Stewart on 3/8/13. (ss)
March 8, 2013 Opinion or Order Filing 59 NOTICE of Appearance by George M. Haley on behalf of BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Haley, George)
March 8, 2013 Opinion or Order Filing 58 NOTICE of Appearance by Chris R. Hogle on behalf of All Plaintiffs (Hogle, Chris)
March 7, 2013 Opinion or Order Filing 57 Stipulated MOTION for Extension of Time to File Response/Reply as to #55 MOTION for Judgment on the Pleadings and Memorandum in Support , #54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty filed by Plaintiff Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order)(Peck, Ashley)
March 7, 2013 Opinion or Order Filing 56 NOTICE of Substitution of Counsel for Plaintiffs by BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Maudsley, Adelaide)
February 19, 2013 Opinion or Order Filing 55 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Exhibit A) Memorandum Decision and Order Granting in Part and Denying in Part ERM's Motion for Judgment on the Pleadings)(Scott, Justin)
February 11, 2013 Opinion or Order Filing 54 MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on Plaintiffs BPs and Chevrons Claims for Breach of Contract and Breach of Implied Warranty filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Appendix APPENDIX OF EXHIBITS SUPPORTING DEFENDANTS COMPASS ENVIRONMENTAL, INC.S AND WRS INFRASTRUCTURES MOTIONFOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS BPS AND CHEVRONS CLAIMS FOR BREACH OF CONTRACT AND BREACH OF IMPLIED WARRANTY, #2 Exhibit 1) Document 00500 Agreement)(Handy, Jeffrey)
November 28, 2012 Opinion or Order Filing 53 SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 7/31/2013. Joinder of Parties due by 7/31/2013. Discovery due by 12/1/2013. Motions due by 1/31/2014. Final Pretrial Conference set for 6/23/2014 02:30 PM in Room 142 before Judge Ted Stewart. 10-Day Jury Trial set for 7/7/2014 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 11/28/12 (alt)
November 20, 2012 Opinion or Order Filing 52 REPORT OF ATTORNEY PLANNING MEETING. (Peck, Ashley)
November 1, 2012 Opinion or Order Filing 51 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 12/12/2012 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (tab)
October 11, 2012 Opinion or Order Filing 50 NOTICE of Appearance by David C. Reymann on behalf of ERM WEST (Reymann, David)
October 5, 2012 Opinion or Order Filing 49 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (tls)
August 30, 2012 Opinion or Order Filing 48 MEMORANDUM DECISION granting in part and denying in part #30 Motion for Judgment on the Pleadings. Signed by Judge Ted Stewart on 08/30/2012. (asp)
August 23, 2012 Opinion or Order Filing 47 Minute Entry for proceedings held before Judge Ted Stewart: Motion Hearing held on 8/23/2012 re #30 MOTION for Judgment on the Pleadings filed by ERM WEST. Discussion and argument heard. The Court takes this motion under advisement and will issue a ruling as soon as possible. Attorney for Plaintiff: Adelaide Maudsley, Ashley Peck, Attorney for Defendant: Stephen Hale, Steven Christiansen. Court Reporter: Patti Walker. (rlr)
August 6, 2012 Opinion or Order Filing 46 NOTICE of SUPPLEMENTAL AUTHORITY by ERM WEST re #30 MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit A) (Reymann, David)
May 23, 2012 Opinion or Order Filing 45 AMENDED NOTICE OF HEARING ON MOTION re: #30 MOTION for Judgment on the Pleadings : (Notice generated by Chambers (rlr)) Motion Hearing re-set at the request of counsel for 8/23/2012 03:00 PM in Room 142 before Judge Ted Stewart. (rlr)
May 17, 2012 Opinion or Order Filing 44 NOTICE OF WITHDRAWAL OF COUNSEL of Cheylynn Hayman filed by Cheylynn Hayman on behalf of ERM WEST (Hayman, Cheylynn)
May 17, 2012 Opinion or Order Filing 43 NOTICE OF WITHDRAWAL OF COUNSEL of David C. Reymann filed by David C. Reymann on behalf of ERM WEST (Reymann, David)
May 17, 2012 Opinion or Order Filing 42 NOTICE OF HEARING ON MOTION re: #30 MOTION for Judgment on the Pleadings : (Notice generated by Chambers (rlr)) Motion Hearing set for 7/12/2012 02:00 PM in Room 142 before Judge Ted Stewart. (rlr)
May 17, 2012 Opinion or Order Filing 41 REPLY to Response to Motion re #30 MOTION for Judgment on the Pleadings filed by Defendant ERM WEST. (Attachments: #1 Exhibit A)(Houdeshel, Megan)
May 15, 2012 Opinion or Order Filing 40 NOTICE of Appearance by Stephen E.W. Hale on behalf of ERM WEST (Hale, Stephen)
April 26, 2012 Opinion or Order Filing 39 ORDER granting #38 Motion for Extension of Time to File Response/Reply re #30 MOTION for Judgment on the Pleadings Replies due by 5/18/2012. Signed by Judge Ted Stewart on 04/25/2012. (tls)
April 25, 2012 Opinion or Order Filing 38 MOTION for Extension of Time to File Response/Reply as to #37 Memorandum in Opposition to Motion for Judgment on the Pleadings filed by Defendant ERM WEST. (Attachments: #1 Exhibit Proposed Order)(Houdeshel, Megan)
April 19, 2012 Opinion or Order Filing 37 MEMORANDUM in Opposition re #30 MOTION for Judgment on the Pleadings filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Peck, Ashley)
March 20, 2012 Opinion or Order Filing 36 ORDER granting #35 Motion for Extension of Time to File Response/Reply re #30 MOTION for Judgment on the Pleadings Responses due by 4/19/2012. Signed by Judge Ted Stewart on 03/20/2012. (tls)
March 19, 2012 Opinion or Order Filing 35 Stipulated MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Judgment on the Pleadings filed by Plaintiffs BP Products North America, Chevron USA Inc, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order)(Pond, Brandon)
March 12, 2012 Opinion or Order Filing 34 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Compass Environmental, WRS Infrastructure and Environment identifying WRS Holding Company as Corporate Parent. (Scott, Justin)
March 12, 2012 Opinion or Order Filing 33 ANSWER to #3 Amended Complaint,, with Jury Demand filed by Compass Environmental, WRS Infrastructure and Environment.(Scott, Justin)
March 8, 2012 Opinion or Order Filing 32 NOTICE of Substitution of Counsel by BP Products North America, Chevron USA Inc, Salt Lake City Corporation (Maudsley, Adelaide)
March 5, 2012 Opinion or Order Filing 31 MEMORANDUM in Support re #30 MOTION for Judgment on the Pleadings filed by Defendant ERM WEST. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Reymann, David)
March 5, 2012 Opinion or Order Filing 30 MOTION for Judgment on the Pleadings filed by Defendant ERM WEST. (Reymann, David)
March 5, 2012 Opinion or Order Filing 29 NOTICE of Appearance by Jeffrey R. Handy on behalf of Compass Environmental, WRS Infrastructure and Environment (Handy, Jeffrey)
March 5, 2012 Opinion or Order Filing 28 NOTICE of Appearance by Justin E. Scott on behalf of Compass Environmental, WRS Infrastructure and Environment (Scott, Justin)
March 5, 2012 Opinion or Order Filing 27 NOTICE of Appearance by Kent B. Scott on behalf of Compass Environmental, WRS Infrastructure and Environment (Scott, Kent)
February 17, 2012 Opinion or Order Filing 26 CLERKS ORDER granting #25 MOTION for Extension of Time to File Answer re #3 Amended Complaint, signed by LSY, Chief Deputy Clerk, Motions terminated: #25 MOTION for Extension of Time to File Answer re #3 Amended Complaint, filed by WRS Infrastructure and Environment, Compass Environmental. (tls)
February 17, 2012 Opinion or Order Filing 25 MOTION for Extension of Time to File Answer re #3 Amended Complaint,, filed by Defendants Compass Environmental, WRS Infrastructure and Environment. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time to Respond to Plaintiff's' First Amended Complaint)(Scott, Justin)
February 8, 2012 Opinion or Order Filing 24 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Ted Stewart. Magistrate Judge Brooke C. Wells no longer assigned to the case. (alp)
February 8, 2012 Opinion or Order Filing 23 RECEIVED Consent/Reassignment Form from Defendants Compass Environmental, WRS Infrastructure and Environment. (alp)
February 6, 2012 Opinion or Order Filing 22 NOTICE REMINDER - DEFENDANTS COMPASS ENVIRONMENTAL AND WRS INFRASTRUCTURE are requested to respond within the time frame set forth in the #15 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (alp)
January 30, 2012 Opinion or Order Filing 21 RECEIVED Consent/Reassignment Form from Defendant ERM WEST. (alp)
January 25, 2012 Opinion or Order Filing 20 RECEIVED Consent/Reassignment Form from Plaintiffs Salt Lake City Corporation, BP Products North America, Chevron USA Inc. (alp)
January 24, 2012 Opinion or Order Filing 19 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Chevron USA Inc identifying Chevron Corporation as Corporate Parent. (Van Wyngarden, Thomas)
January 24, 2012 Opinion or Order Filing 18 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff BP Products North America identifying BP p.l.c. as Corporate Parent. (Van Wyngarden, Thomas)
January 18, 2012 Opinion or Order Filing 17 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant ERM WEST identifying ERM Worldwide Limited as Corporate Parent. (Reymann, David)
January 18, 2012 Opinion or Order Filing 16 ANSWER to #3 Amended Complaint,, with Jury Demand filed by ERM WEST.(Reymann, David)
January 18, 2012 Opinion or Order Filing 15 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs Salt Lake City Corporation, BP Products North America, Chevron USA Inc, Defendants Compass Environmental, ERM WEST, WRS Infrastructure and Environment. Form due by 2/2/2012. (alp)
January 18, 2012 Opinion or Order Filing 14 NOTICE OF ADR, e-mailed or mailed to Defendant ERM WEST. (alp)
January 17, 2012 Opinion or Order Filing 13 NOTICE of Appearance by Steven J Christiansen on behalf of ERM WEST (Christiansen, Steven)
January 17, 2012 Opinion or Order Filing 12 NOTICE of Appearance by Megan J. Houdeshel on behalf of ERM WEST (Houdeshel, Megan)
January 17, 2012 Opinion or Order Filing 11 NOTICE of Appearance by Cheylynn Hayman on behalf of ERM WEST (Hayman, Cheylynn)
January 17, 2012 Opinion or Order Filing 10 NOTICE of Appearance by David C. Reymann on behalf of ERM WEST (Reymann, David)
January 5, 2012 Opinion or Order Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Salt Lake City Corporation as to ERM WEST served on 12/28/2011, answer due 1/18/2012. (Pond, Brandon)
January 5, 2012 Opinion or Order Filing 8 NOTICE OF DEFICIENCY re #7 Return of Service. The document 7 was filed as a Return of Service. The clerk requests the filer of the original document to refile the pleading as a Summons Returned Executed. The new pleading will receive a new document number on the docket. (asp)
January 3, 2012 Opinion or Order Filing 7 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Service served on CT Corporation System on December 28, 2011, filed by Plaintiff Salt Lake City Corporation. (Pond, Brandon)
December 30, 2011 Opinion or Order Filing 6 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Salt Lake City Corporation, BP Products North America, Chevron USA Inc, Defendants Compass Environmental, WRS Infrastructure and Environment. (asp)
December 29, 2011 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed filed by Chevron USA Inc, Salt Lake City Corporation, BP Products North America as to Compass Environmental Waiver sent on 12/27/2011, answer due 2/27/2012; WRS Infrastructure and Environment Waiver sent on 12/27/2011, answer due 2/27/2012. (Pond, Brandon)
December 27, 2011 Opinion or Order Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to ERM WEST. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds)
December 27, 2011 Opinion or Order Filing 3 AMENDED COMPLAINT against All Defendants. New Plaintiffs: Chevron U.S.A. Inc.., filed by Salt Lake City Corporation, BP Products North America. (Attachments: #1 Exhibit 1 (PSA), #2 Exhibit 2 Part A (Project Manual), #3 Exhibit 2 Part B, #4 Exhibit 2 Part C, #5 Exhibit 2 Part D, #6 Exhibit 2 Part E, #7 Exhibit 2 Part F, #8 Exhibit 2 Part G, #9 Exhibit 2 Part H, #10 Exhibit 2 Part I, #11 Exhibit 2 Part J, #12 Exhibit 3 (Compass Bid), #13 Exhibit 4 (SAP QAPP)) (Pond, Brandon)
December 16, 2011 Opinion or Order Filing 2 COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1493716), filed by Salt Lake City Corporation, BP Products North America. (Attachments: #1 Exhibit 1 (PSA), #2 Exhibit 2 Part A (Project Manual), #3 Exhibit 2 Part B, #4 Exhibit 2 Part C, #5 Exhibit 2 Part D, #6 Exhibit 2 Part E, #7 Exhibit 2 Part F, #8 Exhibit 2 Part G, #9 Exhibit 2 Part H, #10 Exhibit 2 Part I, #11 Exhibit 2 Part J, #12 Exhibit 3 (Compass Bid), #13 Exhibit 4 (SAP QAPP)) Assigned to Magistrate Judge Brooke C. Wells (Pond, Brandon)
December 16, 2011 Opinion or Order Filing 1 Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Plaintiffs Salt Lake City Corporation, BP Products North America is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (lnp)

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Search for this case: Salt Lake City Corporation et al v. ERM WEST et al
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Plaintiff: Salt Lake City Corporation
Represented By: George M. Haley
Represented By: Jennifer S. Horne
Represented By: Steven G. Jones
Represented By: Adelaide Maudsley
Represented By: Ashley A. Peck
Represented By: Brandon C. Pond
Represented By: Chris R. Hogle
Represented By: Kevin R. Murray
Represented By: M. Benjamin Machlis
Represented By: Richard D. Flint
Represented By: Thomas L. Van Wyngarden
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Plaintiff: BP Products North America
Represented By: George M. Haley
Represented By: Jennifer S. Horne
Represented By: Steven G. Jones
Represented By: Adelaide Maudsley
Represented By: Ashley A. Peck
Represented By: Brandon C. Pond
Represented By: Chris R. Hogle
Represented By: Kevin R. Murray
Represented By: M. Benjamin Machlis
Represented By: Richard D. Flint
Represented By: Thomas L. Van Wyngarden
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Plaintiff: Chevron USA Inc
Represented By: George M. Haley
Represented By: Jennifer S. Horne
Represented By: Steven G. Jones
Represented By: Adelaide Maudsley
Represented By: Ashley A. Peck
Represented By: Brandon C. Pond
Represented By: Chris R. Hogle
Represented By: Kevin R. Murray
Represented By: M. Benjamin Machlis
Represented By: Richard D. Flint
Represented By: Thomas L. Van Wyngarden
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Defendant: ERM WEST
Represented By: Jared D. Scott
Represented By: Stephen P. Horvat
Represented By: Thomas R Karrenberg
Represented By: Cheylynn Hayman
Represented By: David M. Bennion
Represented By: David C. Reymann
Represented By: Mark O. Morris
Represented By: Megan Joan Houdeshel
Represented By: Michael D. Black
Represented By: Paul W. Shakespear
Represented By: Raymond J. Etcheverry
Represented By: Stephen E.W. Hale
Represented By: Steven J. Christiansen
Represented By: Stewart O. Peay
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Defendant: Compass Environmental
Represented By: Justin E. Scott
Represented By: Kent B. Scott
Represented By: Robert F. Babcock
Represented By: Jeffrey R. Handy
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Defendant: WRS Infrastructure and Environment a North Carolina corporation doing business as WRSCOMPASS
Represented By: Justin E. Scott
Represented By: Kent B. Scott
Represented By: Robert F. Babcock
Represented By: Jeffrey R. Handy
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