NYS Electric & Gas v. FirstEnergy Corp.

Filing 258

ORDER: denying the # 224 Motion for Partial Summary Judgment; denying the # 225 Motion for Partial Summary Judgment; denying the # 233 Motion for Summary Judgment; denying the # 236 Motion for Summary Judgment; denying the # 237 Motion for Summary Judgment; the # 238 Motion for Summary Judgment is deemed withdrawn, without prejudice to refiling, based upon a tentative settlement of claims between that third-party defendant and FirstEnergy. Decision is reserved with regard to defendan t FirstEnergy's # 232 Motion for Partial Summary Judgment dismissing portions of plaintiff's claims under the Comprehensive Environmental Response Compensation and Liability Act of 1980. Signed by Magistrate Judge David E. Peebles on 8/26/2010. (jmb)

NYS Electric & Gas v. FirstEnergy Corp.

Doc. 258

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ NEW YORK STATE ELECTRIC & GAS CORPORATION, Plaintiff, Civ. Action No. 3:03-CV-0438 (DEP) v. FIRSTENERGY CORPORATION, Defendant/Third-Party Plaintiff, v. I.D. BOOTH, ITHACA CITY SCHOOL DISTRICT, CITY OF ITHACA, NEW YORK, and CITY OF ONEONTA, NEW YORK, Third-Party Defendants. ____________________________________ APPEARANCES: FOR PLAINTIFF: DICKSTEIN SHAPIRO MORIN & OSHINSKY, LLP 1825 Eye Street NW Washington, D.C. 20006-5403 HINMAN, HOWARD LAW FIRM P.O. Box 5250 80 Exchange Street 700 Security Mutual Building Binghamton, NY 13902-5250 DAVID L. ELKIND, ESQ. ANDREW C. COOPER, ESQ. KEISHA A. GARY, ESQ. GEOFFREY M. LONG, ESQ. JAMES S. GLEASON, ESQ. OF COUNSEL:

Dockets.Justia.com

FOR DEFENDANT NYSEG: SAUL EWING LLP 1500 Market Street, 38th Floor Philadelphia, PA 19102 JOHN F. STOVIAK, ESQ. JANE KOZINSKI, ESQ. CHRISTINE M. PICKEL, ESQ. CHRISTINA M. RIGGS, ESQ.

COSTELLO, COONEY LAW FIRM PAUL G. FERRARA, ESQ. Salina Place 205 South Salina Street 4th Floor Syracuse, NY 13202-1307 FOR THIRD-PARTY DEFENDANT I.D. BOOTH, INC. DAVIDSON, O'MARA LAW FIRM 243 Lake Street Elmira, NY 14901 FOR THIRD-PARTY DEFENDANT ITHACA CITY SCHOOL DISTRICT: BOND, SCHOENECK LAW FIRM One Lincoln Center Syracuse, NY 13202-1355 THOMAS R. SMITH, ESQ. DONALD S. THOMSON, ESQ.

FOR THIRD-PARTY DEFENDANTS CITY OF ITHACA AND ONEONTA: MENTER, RUDIN LAW FIRM 308 Maltbie Street Suite 200 Syracuse, NY 13204-1498 DAVID E. PEEBLES U.S. MAGISTRATE JUDGE JULIAN B. MODESTI, ESQ. THOMAS J. FUCILLO, ESQ.

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ORDER Currently pending before the court in connection with this action are several summary judgment motions brought by the parties addressing various discrete issues. Oral argument was conducted with respect to the pending motions on August 25, 2010, and bench rulings were issued with regard to certain of the motions at the close of that hearing. Based upon the foregoing and the court's bench decision, which is incorporated herein by reference, it is hereby ORDERED as follows: 1) The motion of New York State Electric & Gas Corporation

("NYSEG") for partial summary judgment on the issue of compliance with the National Contingency Plan (Dkt. No. 224) is DENIED. 2) The motion of defendant FirstEnergy Corp. ("FirstEnergy")

for partial summary judgment dismissing plaintiff's claims with regard to four of the manufactured gas plant ("MGP") sites in issue in this case based upon the governing statute of limitations (Dkt. No. 233) is DENIED. 3) Plaintiff NYSEG's motion for partial summary judgment

precluding FirstEnergy from re-litigating issues related to veil-piercing
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and corporate successorship (Dkt. No. 225) is DENIED. 4) The motion of third-party defendant City of Ithaca for

summary judgment dismissing FirstEnergy's claims against it based upon the third party defense and/or innocent landowner defense (Dkt. No. 236) is DENIED. 5) The motion of third-party defendant City of Oneonta for

summary judgment dismissing FirstEnergy's claims against it based upon the third party defense and/or innocent landowner defense (Dkt. No. 237) is DENIED. 6) The motion of third-party defendant Ithaca City School

District for summary judgment dismissing FirstEnergy's claims against it based upon the third party defense and/or innocent landowner defense (Dkt. No. 238) is deemed withdrawn, without prejudice to refiling, based upon a tentative settlement of claims between that thirdparty defendant and FirstEnergy. 7) Decision is reserved with regard to defendant FirstEnergy's

motion for partial summary judgment dismissing portions of plaintiff's

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claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") (Dkt. No. 232).

Dated:

August 26, 2010 Syracuse, NY

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