ASARCO LLC v. NL Industries, Inc. et al

Filing 219

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Union Pacific's Motion for Leave to Exceed Page Limitation 217 is GRANTED. IT IS FURTHER ORDERED that Plaintiff Asarco may file a reply no later than Friday, July 25, 2014. Signed by District Judge John A. Ross on 7/15/14. (JWD)

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

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

MEMORANDUM AND ORDER
This matter is before the Court on Defendant Union Pacific Railroad Company’s Motion
for Leave to Exceed Page Limitation. (Doc. No. 217) Union Pacific requests leave to file its
response to Plaintiff’s Lone Pine Brief On CERCLA Liability Of Union Pacific Railroad
Company (Doc. No. 214) in excess of the Court’s page limitation requirements for briefing.
E.D.Mo. L.R. 4.01(D). Asarco opposes the motion on the grounds that the Modified Case
Management Order (MCMO) does not permit Union Pacific to file a “response” to the Lone Pine
Brief. (Doc. No. 215)
The MCMO provides in pertinent part as follows:
4. Asarco’s Lone Pine response shall be filed with the Clerk no later than May 14, 2014.
Any motions related to Asarco’s Lone Pine response shall be filed no later than July 16,
2014. (Emphasis added)
(Doc. No. 147) Asarco argues that if Union Pacific deems any written response essential, it may
file the appropriate motion as provided in the MCMO.
The MCMO clearly contemplates a response to Asarco’s Lone Pine showing. A hearing
on this matter is scheduled for September 12, 2014. Union Pacific is certainly entitled to set forth
its position on its CERCLA liability and need not wait until the hearing to do so, as Asarco
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suggests. The Court will, therefore, take Union Pacific’s “response” as a “motion related to
Asarco’s Lone Pine response” and grant Union Pacific’s motion for leave. The Court will permit
Asarco to file a reply to Union Pacific’s response/motion.
Accordingly,
IT IS HEREBY ORDERED that Defendant Union Pacific’s Motion for Leave to
Exceed Page Limitation [217] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff Asarco may file a reply no later than
Friday, July 25, 2014.

Dated this 15th day of July, 2014.

________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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