State of New Mexico v. United States Environmental Protection Agency

Filing 689

MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson granting ( 1051 in 1:18-md-02824-WJ) MOTION for Supplement Briefing on Personal Jurisdiction MSJs. Associated Cases: 1:18-md-02824-WJ, 1:16-cv-00465-WJ-LF, 1:16-cv-00931-WJ-LF, 1:17-cv-00710-WJ-SCY, 1:18-cv-00319-WJ, 1:18-cv-00744-WJ-KK (meq)

Case 1:16-cv-00465-WJ-LF Document 689 Filed 02/17/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE: GOLD KING MINE RELEASE
IN SAN JUAN COUNTY, COLORADO,
ON AUGUST 5, 2015

No. 1:18-md-02824-WJ

This Document Relates to All Cases
MEMORANDUM OPINION AND ORDER
GRANTING MOTION FOR SUPPLEMENTAL BRIEFING
THIS MATTER comes before the Court on the Allen Plaintiffs' Motion for Leave to File
Supplemental Briefing Regarding Mining Defendants' Motions for Summary Judgment for Lack
of Jurisdiction, Doc. 1051, filed January 22, 2021.
Sunnyside Gold Corporation ("SGC") and Kinross Gold USA/Kinross Gold Corporation
("Kinross Defendants")(collectively the "Mining Defendants") each filed a motion for summary
judgment asserting the Court lacks personal jurisdiction over them. See Doc's 866 and 868, filed
October 13, 2020. The Allen Plaintiffs filed their responses on November 30, 2020. See Doc's
942 and 943. On December 17, 2020, after the Allen Plaintiffs filed their responses, SGC filed
motions for partial summary judgment on the nuisance claims and on statute of repose grounds.
See Doc's 962 and 963.
The Allen Plaintiffs contend that "by filing the Motions for Partial Summary Judgment,
SGC has waived the Mining Defendants' argument that personal jurisdiction is lacking over them"
and move for leave to file supplemental briefing on the personal jurisdiction motions to address
this issue. Motion at 2.
SGC opposes the Allen Plaintiffs' Motion for supplemental briefing stating that "SGC's
mere compliance with this Court's case management orders and deadlines does not constitute a

Case 1:16-cv-00465-WJ-LF Document 689 Filed 02/17/21 Page 2 of 2

manifestation of intent to submit to this Court's jurisdiction." SJC's Response at 2, Doc. 1084,
filed February 5, 2021.
The Kinross Defendants also oppose the Allen Plaintiffs' Motion for supplemental briefing
stating the Allen Plaintiffs' Motion "provides no support for the illogical assumption that any action
by SGC, even if it somehow did constitute a waiver as to SGC, can be imputed to the Kinross
Defendants to constitute a knowing and voluntary waiver of the Kinross Defendants' jurisdictional
argument." Kinross Defendants' Response at 2, Doc. 1085, filed February 5, 2021.
The Allen Plaintiffs, SJC and the Kinross Defendants cited case law in support of their
respective positions regarding waiver of a personal jurisdiction defense. The Court grants the
Motion for supplemental briefing to allow the Parties to fully brief their arguments.
IT IS ORDERED that the Allen Plaintiffs' Motion for Leave to File Supplemental Briefing
Regarding Mining Defendants' Motions for Summary Judgment for Lack of Jurisdiction, Doc.
1051, filed January 22, 2021, is GRANTED. The Allen Plaintiff's supplemental brief is due within
14 days of entry of this Order. Responses are due within 14 days of service of the supplemental
brief. Replies are due within 14 days of service of the responses.

________________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE

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