ASARCO LLC v. NL Industries, Inc. et al

Filing 189

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer to resolve any remaining discovery disputes. The Court expects the parties to conduct themselves in a responsible and reasonable manner in addressing the scope of di scovery. IT IS FURTHER ORDERED that NL Industries, Inc.'s Motion for Protective Order Regarding the Rule 30(b)(6) Deposition of NL 167 is GRANTED to the extent the deposition scheduled for November 19, 2013 will be rescheduled to a date to b e agreed upon by the parties. IT IS FURTHER ORDERED that Asarco's Partially Unopposed Motion to Extend Certain Deadlines in MCMO 179 is GRANTED. The expert disclosure deadline will be extended from December 2, 2013 to January 27, 2014, and t he expert deposition deadline will be extended from February 7, 2014 to February 28, 2014. The deadline for completion of Phase I discovery will likewise be extended, from March 7, 2014 to March 28, 2014. IT IS FINALLY ORDERED that the remaining motions [148, 157, 165, 173, 174, 175, 177, 180, 182, 183, 184] are DENIED at this time without prejudice as moot.. Signed by District Judge John A. Ross on 11/19/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ASARCO LLC, a Delaware corporation,
Plaintiff,
vs.
NL INDUSTRIES, INC., et al.,
Defendants.

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Case No. 4:11-CV-00864-JAR

MEMORANDUM AND ORDER
There are a number of discovery motions pending before the Court. (Doc. Nos. 148, 157,
165, 167, 173, 174, 175, 177, 179, 180, 182, 183, 184) Due to the complex nature of this
CERCLA contribution case, the Court entered a “Lone Pine” modified case management order
(MCMO) to streamline discovery and make the pre-trial efforts of the parties and the Court more
efficient. (Doc. No. 147) The pending motions have raised issues regarding the manner and
scope of discovery and the elements applicable to a prima facie case of liability. In an effort to
clarify these issues for the parties, the Court held a status conference with counsel on November
15, 2013. At the status conference, the Court stated its intent that limited discovery should go
forward on Asarco’s CERCLA liability claim. To establish a prima facie case on its contribution
claim under CERCLA § 113(f), Asarco must prove that: (i) Defendants fall under one of four
categories of “covered persons;” (ii) the site in question is a “facility;” (iii) there was a “release”
or “threatened release” of a “hazardous substance” at the facility; and (iv) the release caused it to
incur response costs. See Laidlaw Waste Systems, Inc. v. Mallinckrodt, Inc., 925 F.Supp. 624,
629 (E.D. Mo. 1996). The Court further clarified that the MCMO does not authorize written
discovery.

Based on the discussions between the Court and counsel,
IT IS HEREBY ORDERED that the parties shall meet and confer to resolve any
remaining discovery disputes. The Court expects the parties to conduct themselves in a
responsible and reasonable manner in addressing the scope of discovery.
IT IS FURTHER ORDERED that NL Industries, Inc.’s Motion for Protective Order
Regarding the Rule 30(b)(6) Deposition of NL [167] is GRANTED to the extent the deposition
scheduled for November 19, 2013 will be rescheduled to a date to be agreed upon by the parties.
IT IS FURTHER ORDERED that Asarco’s Partially Unopposed Motion to Extend
Certain Deadlines in MCMO [179] is GRANTED. The expert disclosure deadline will be
extended from December 2, 2013 to January 27, 2014, and the expert deposition deadline will
be extended from February 7, 2014 to February 28, 2014. The deadline for completion of Phase
I discovery will likewise be extended, from March 7, 2014 to March 28, 2014.
IT IS FINALLY ORDERED that the remaining motions [148, 157, 165, 173, 174, 175,
177, 180, 182, 183, 184] are DENIED at this time without prejudice as moot.

Dated this 19th day of November, 2013.

________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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