Allen et al v. United States of America et al

Filing 378

MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson DENYING AS MOOT (1172) Motion for Summary Judgment as to Claims Asserted by the Allen Plaintiffs in case 1:18-md-02824-WJ. Associated Cases: 1:18-md-02824-WJ, 1:18-cv-00744-WJ-KK (cmm)

Case 1:18-cv-00744-WJ-KK Document 378 Filed 09/09/21 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
This Document Relates to:

No. 1:18-md-02824-WJ

No. 1:18-cv-00744-WJ

MEMORANDUM OPINION AND ORDER
DENYING AS MOOT KINROSS GOLD U.S.A., INC. AND KINROSS GOLD
CORPORATION'S MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS
ASSERTED BY THE ALLEN PLAINTIFFS
THIS MATTER comes before the Court on Kinross Gold U.S.A., Inc. and Kinross Gold
Corporation's (collectively "Kinross Defendants") Motion for Summary Judgment as to Claims
Asserted by the Allen Plaintiffs, Doc. 1172, filed April 22, 2021 ("Motion").1
The Court granted Sunnyside Gold Corporation's motion for partial summary judgment
concluding that the Allen Plaintiffs' tort claims against Sunnyside are barred by Colorado's statute
of repose. See Doc. 1156, filed March 31, 2021. The Kinross Defendants subsequently filed their
Motion in which they contend that the Allen Plaintiffs' claims against the Kinross Defendants are
also barred by Colorado's statute of repose because Sunnyside was an indirect subsidiary of the
Kinross Defendants. See Motion at 5-7.
The Court denies as moot the Kinross Defendants' Motion for summary judgment that the
Allen Plaintiffs' claims are barred by Colorado's statute of repose because, after the Kinross
Defendants filed their Motion now before the Court, the Court ruled that it does not have personal
jurisdiction over the Kinross Defendants. See Doc. 1175 at 9, filed April 29, 2021 (concluding
that the Kinross Defendants "do not have the minimum contacts with New Mexico to establish

Counsel apparently filed the same motion twice as Documents 1171 and 1172 on April 22, 2021.
The Clerk's Office administratively terminated Doc. 1171.
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Case 1:18-cv-00744-WJ-KK Document 378 Filed 09/09/21 Page 2 of 2

specific jurisdiction because the additional facts asserted by the Allen Plaintiffs do not meet the
'purposeful direction' and 'arising out of' requirements necessary for specific jurisdiction").
IT IS ORDERED that Kinross Gold U.S.A., Inc. and Kinross Gold Corporation's Motion
for Summary Judgment as to Claims Asserted by the Allen Plaintiffs, Doc. 1172, filed April 22,
2021, is DENIED as moot.

________________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE

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