Board of County Commissioners of the County of La Plata, Colorado, The v. Brown Group Retail, Inc. et al

Filing 245

ORDER. Defendant Brown Group Retail, Inc.s (Brown Group) Motion for Summary Judgment on Plaintiffs Claim for Civil Penalties under RCRA 179 is taken under advisement. Defendant Brown Groups Motion for Summary Judgment on Plaintiffs Claim for Reco very of Attorneys Fees 180 is taken under advisement. Defendant Brown Groups Motion for Summary Judgment on Plaintiffs Fifth Claim for Relief 182 is DENIED. Defendant Brown Groups Motion for Summary Judgment (No Joint and Several Liability Unde r CERCLA) 183 is DENIED. Defendant Brown Groups Motion for Summary Judgment on La Plata CountysLiability and Its Third-Party Defense Under CERCLA 184 is DENIED. Plaintiff The Board of County Commissioners of the County of La Plata, ColoradosMotion for Summary Judgment on RCRA and CERCLA Liability 187 is DENIED. By Judge Lewis T. Babcock on 08/23/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-00855-LTB-KMT THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LA PLATA, COLORADO, Plaintiff, v. BROWN GROUP RETAIL, INC., PLUMMER PRECISION OPTICS CO., BLUE JAUNTE COMPANY, INC., and PLUMMER PRECISION OPTICS WESTERN DIVISION, INC., Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ As further set forth on the record at the hearing held on August 20, 2010, IT IS HEREBY ORDERED: 1. Defendant Brown Group Retail, Inc.'s ("Brown Group") Motion for Summary Judgment on Plaintiff's Claim for Civil Penalties under RCRA [Doc # 179] is taken under advisement; 2. Defendant Brown Group's Motion for Summary Judgment on Plaintiff's Claim for Recovery of Attorneys' Fees [Doc # 180] is taken under advisement; 3. Defendant Brown Group's Motion for Summary Judgment on Plaintiff's Fifth Claim for Relief [Doc # 182] is DENIED; 4. Defendant Brown Group's Motion for Summary Judgment (No Joint and Several Liability Under CERCLA) [Doc # 183] is DENIED;

5. Defendant Brown Group's Motion for Summary Judgment on La Plata County's Liability and Its Third-Party Defense Under CERCLA [Doc # 184] is DENIED; 6. Plaintiff The Board of County Commissioners of the County of La Plata, Colorado's Motion for Summary Judgment on RCRA and CERCLA Liability [Doc # 187] is DENIED; and 7. The parties shall file updated witness and exhibit lists; proposed findings of fact and conclusions of law; and trial memoranda regarding objections under Fed. R. Evid. 702 on or before September 8, 2010.

Dated: August

23 , 2010. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge

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