Wilson Road Development Corporation et al v. Fronabarger Concreters, Inc. et al

Filing 182

MEMORANDUM AND ORDER re: 149 MOTION to Sever Defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Motion for Separate Trial under Rules 20(b) and 42(b) and Motion to Sever under Rule 21 filed by Defendant Union Electric Company, Defendant Citizens Electric Corporation. IT IS HEREBY ORDERED that the motion of defendants Union Electric Company d/b/a AmerenMissouri and Citizens Electric Corporation for separate trial andto sever [Doc. #149] is granted. IT IS FURTHER ORDERED that the claims against defendants Union Electric Company d/b/a Ameren Missouri and Citizens Electric Corporation are severed from the trial that is scheduled to commence on August 18, 2014 in the Southeastern Division. A trial date for the severed claims will be established by separate order. Signed by District Judge Carol E. Jackson on 7/28/14. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILSON ROAD DEVELOPMENT,
CORPORATION, et al.,
Plaintiffs,
vs.
FRONABARGER CONCRETERS, INC,
et al.,
Defendants.

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Case No. 1:11-CV-84 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on the motion of defendants Union Electric
Company d/b/a Ameren Missouri (Ameren) and Citizens Electric Corporation (Citizens)
for a trial separate from their co-defendant, Fronabarger Concreters, Inc., pursuant to
Rules 20(b), 21, and 42(b) of the Federal Rules of Civil Procedure. Plaintiffs oppose
the motion, and the issues are fully briefed.
Plaintiffs bring this action against all defendants under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601,
et seq., seeking a declaration of the defendants’ responsibility for response and
remediation costs arising from the chemical contamination of plaintiffs’ property.
Plaintiffs also assert common law claims of trespass, nuisance, and negligence against
defendant Fronabarger. The defendants have filed crossclaims and counterclaims
asserting CERCLA claims against one another and against the plaintiffs.
Rule 42(b) of the Federal Rules of Civil Procedure provides that, “[f]or
convenience, to avoid prejudice, or to expedite and economize, the court may order
a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or

third-party claims.” “District courts possess broad discretion to bifurcate issues for
purposes of trial under Fed.R.Civ.P. 42(b).” O’Dell v. Hercules, Inc., 904 F.2d 1194,
1201-02 (8th Cir. 1990). “In exercising discretion, district courts should consider the
preservation of constitutional rights, clarity, judicial economy, the likelihood of
inconsistent results and possibilities for confusion.” Id. at 1202 (citing Koch Fuels, Inc.
v. Cargo of 13,000 Barrels of No. 2 Oil, 704 F.2d 1038, 1042 (8th Cir. 1983)).
The Court has carefully considered the arguments for and against holding
separate trials. The Court agrees with Ameren and Citizens that plaintiffs’ CERCLA
claims against them (as “arrangers” of the disposal of hazardous substances) and
against Fronabarger (as the current owner of the site from which the contamination
emanated) are very different. Also, there are no longer any claims against Ameren
and Citizens that are triable by a jury; only the common law claims against
Fronabarger require trial by jury. Given the differences between the CERCLA claims
against Ameren and Citizens on one hand and the CERCLA claims against Fronabarger
on the other, the Court is unpersuaded by plaintiffs’ assertion that there will be
significant overlap between the two sets of environmental claims such that multiple
trials would result in an “inefficient duplication of time and resources.”
After considering the parties’ arguments, the Court concludes that separate trials
are warranted to preserve clarity of the issues, avoid confusion of the jury, and
promote the interests of efficiency and economy.
Accordingly,
IT IS HEREBY ORDERED that the motion of defendants Union Electric
Company d/b/a Ameren Missouri and Citizens Electric Corporation for separate trial and
to sever [Doc. #149] is granted.

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IT IS FURTHER ORDERED that the claims against defendants Union Electric
Company d/b/a Ameren Missouri and Citizens Electric Corporation are severed from the
trial that is scheduled to commence on August 18, 2014 in the Southeastern Division.
A trial date for the severed claims will be established by separate order.

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 28th day of July, 2014.

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