City of Fresno v. Boeing Company, et al.

Filing 311

ORDER on Boeing Company's Motion For Summary Adjudication Re Statute of Limitations, signed by Judge Oliver W. Wanger on 6/22/2010. (Gaumnitz, R)

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FRANCIS M. GOLDSBERRY II, SBN: 63737 FRANCIS M. GOLDSBERRY III, SBN: 178739 GOLDSBERRY, FREEMAN & GUZMAN, LLP 777 12th Street, Suite 250 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE BOEING COMPANY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THE CITY OF FRESNO,

) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA; UNITED ) STATES ARMY CORPS OF ENGINEERS; ) NATIONAL GUARD BUREAU; THE ) BOEING COMPANY, ) ) Defendants. ) ______________________________________ )

No.: 1:06-CV-01559-OWW-GSA ORDER ON BOEING COMPANY'S MOTION FOR SUMMARY ADJUDICATION RE STATUTE OF LIMITATIONS

On June 14, 2010, the Boeing Company's ("Boeing") Motion for Summary Adjudication on statute of limitations issues was heard by the Court. Lisa A. Decker, Jessica E. Yates, and Jeffrey L. Willis Francis M.

appeared for plaintiff the City of Fresno (the "City").

Goldsberry II and Francis M. Goldsberry III appeared for Boeing. After considering all papers filed in connection with the United States' motions and hearing oral argument, it is hereby ORDERED, ADJUDGED AND DECREED as follows: 1. Boeing's motion for summary adjudication on the issue of plaintiff's ability to recover costs or damages incurred
[PROPOSED] ORDER ON BOEING'S MOTION FOR SUMMARY ADJUDICATION RE STATUTE OF LIMITATIONS CASE NO.: 1:06-CV-01559-OWW-GSA

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prior to November 2, 2003 based on plaintiff's causes of action for continuing nuisance or trespass is GRANTED. At trial, the City is limited to seeking damages incurred since November 2, 2003, three years before it filed suit; and

Boeing's motion for summary adjudication on plaintiff's causes of action for negligence, negligence per se, and waste is GRANTED. Those causes of action, as alleged in

the Seventh, Eighth, and Tenth Claims for Relief in the Second Amended Complaint, are DISMISSED WITH PREJUDICE.

IT IS SO ORDERED. Dated: aa70i8 June 22, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER ON BOEING'S MOTION FOR SUMMARY ADJUDICATION RE STATUTE OF LIMITATIONS CASE NO.: 1:06-CV-01559-OWW-GSA

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