City of Fresno v. Boeing Company, et al.

Filing 320

ORDER DENYING the Boeing Company's Motion for Summary Judgment, or Alternatively, Summary Adjudication of Plaintiff's HSAA Cause of Action (Doc. 223 ), Signed by Judge Oliver W. Wanger on 6/28/2010. (Arellano, S.)

1 2 3 4 5 6 7 8 9 10 11 12
L.L.P. LAW OFFICES 1200 Seventeenth Street, Suite 1900 Denver, Colorado 80202 [phone]

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. Defendant the Boeing Company ("Boeing") filed a Motion for Summary Judgment, or Alternatively, Summary Adjudication of Plaintiff's HSAA Cause of Action on April 19, 2010, which sought summary judgment on the claim asserted by Plaintiff the City of Fresno ("the City") against Boeing pursuant to the Hazardous Substances Account Act ("HSAA"). [Doc. No. 223] This Motion was heard by the Court on June 14, 2010, in the presence of all parties. After considering all papers filed in connection with this Motion, hearing oral argument from Boeing and the City, and being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED as follows: CASE NO. 1:06-CV-01559-OWW-GSA ORDER DENYING THE BOEING COMPANY'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJUDICATION OF PLAINTIFF'S HSAA CAUSE OF ACTION [NO. 223]

Snell & Wilmer

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

11664045.1

ORDER DENYING BOEING'S MOTION FOR SUMMARY JUDGMENT RE HSAA CLAIM City of Fresno v. United States of America, et al. Case No. 1:06-CV-01559-OWW-GSA

1 2 3 4 5 6 7 8 9 10 11 12
L.L.P. LAW OFFICES 1200 Seventeenth Street, Suite 1900 Denver, Colorado 80202 [phone]
DEAC_Signature-END:

The Motion is DENIED. The City satisfied its Rule 56 burden as to its HSAA claim against Boeing, as the opposition evidence is sufficient to create a genuine dispute of fact. IT IS SO ORDERED.

IT IS SO ORDERED. Dated:

June 28, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

emm0d64h

Snell & Wilmer

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
11664045.1

2
ORDER DENYING BOEING'S MOTION FOR SUMMARY JUDGMENT RE HSAA CLAIM City of Fresno v. United States of America, et al. Case No. 1:06-CV-01559-OWW-GSA