Northern California River Watch v. Ecodyne Corportation

Filing 167

ORDER REGARDING TIME FOR DEFENDANT FLUOR TO FILE RESPONSIVE PLEADING TO INTERVENOR COMPLAINT re 166 Notice. Signed by Judge William H. Orrick on 10/09/2014. (jmdS, COURT STAFF) (Filed on 10/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA RIVER WATCH,

Case No. 10-cv-05105-WHO

Plaintiff,
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v.
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FLUOR CORPORATION,

United States District Court
Northern District of California

Defendant.

ORDER REGARDING TIME FOR
DEFENDANT FLUOR TO FILE
RESPONSIVE PLEADING TO
INTERVENOR COMPLAINT
Re: Dkt. No. 166

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On October 2, 2014, I granted defendant Fluor’s motion to dismiss and/or strike intervenor

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The Shiloh Group LLC’s (“TSG”) Intervenor Complaint. Dkt. No. 165. TSG’s claims for natural

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resource and property damages under CERCLA (first cause of action) were struck and its cause of

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action for injunctive relief (seventh cause of action) was dismissed without leave to amend. I

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ordered TSG to seek leave to file an amended complaint within 20 days if TSG desires to file an

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amended complaint.

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Flour has sought clarification on when to respond to the complaint. If TSG does not seek

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leave to file an amended complaint, Fluor shall file a pleading responsive to the TSG complaint

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currently on file (as modified by my order) on or before November 3, 2014.

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If TSG seeks leave to amend and if leave is granted, Fluor shall file a pleading responsive

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to the amended complaint within 14 days of the filing of the amended complaint. See Fed. R. Civ.

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P. 15(a)(3).

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If TSG seeks leave to amend and if leave is denied, Fluor shall file a pleading responsive
to the TSG complaint currently on file (as modified by my order) within 10 days of the order

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denying leave to amend.

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IT IS SO ORDERED.
Dated: October 9, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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