United States v. Puerto Rico Industrial Development Company
Filing
176
ORDER: PRIDCO shall inform the Court whether it intends to seek contribution from additional potentially responsible parties by no later than June 28, 2019. The United States and PRIDCO shall submit a Proposed Discovery Plan for Phase III by no later than July 26, 2019. Signed by Judge Francisco A. Besosa on 5/31/2019.(AA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil No. 15-2328 (FAB)
PUERTO RICO INDUSTRIAL
DEVELOPMENT COMPANY,
Defendant.
ORDER
BESOSA, District Judge.
The United States commenced this action on September 25, 2015
pursuant to the Comprehensive Environmental Response, Compensation
and Liability Act (“CERCLA”), 42 U.S.C. §§ 9607 et seq. (Docket
No. 1.)
The Court granted the United States’ motion to trifurcate
this litigation into a Liability Phase (“Phase I”), a Cost Phase
(“Phase II”), and a Contribution Phase (“Phase III”).
(Docket No.
85.)
In
Phase
I,
the
Court
held
that
defendant
Puerto
Rico
Industrial Development Company (“PRIDCO”) is prima facie liable
pursuant to CERCLA for all response costs incurred by the EPA in
connection with the cis-1, 2-DCE plume.
United States v. P.R.
Indus. Dev. Co., 287 F. Supp. 3d 133 (D.P.R. 2017) (Besosa, J.)
In Phase II, the Court held that the United States is entitled
to recover $5,398,161.04 from PRIDCO.
(Docket No. 175.)
Civil No. 15-2328 (FAB)
2
In Phase III of this litigation, PRIDCO may seek contribution
from potentially responsible parties.
PRIDCO
filed
a
(Docket No. 46.)
third-party
complaint
42 U.S.C. §§ 9607, 9613.
on
September
29,
2016.
According to PRIDCO, the following parties are
“responsible for all costs of removal or remedial action:”
(1)
System Engineering Labs, Inc., (2) Coulter Reagents, Inc., (3)
Beckman Coulter, Inc., (4) Solar Mat of Puerto Rico Co., (5) Orle
International Corp., (6) the Commonwealth of Puerto Rico, (7) the
Municipality of Maunabo, (8) Premium Fruit Co., (9) Puerto Rico
Beverage, Inc., (10) E.I.G. Aqua Pura de PR, Inc., (11) Juan
Orozco, Ltd., (12) CAPI, Inc., and (13) Sunoco Caribbean Inc.
Id.
at p. 10.
PRIDCO shall inform the Court whether it intends to seek
contribution from additional potentially responsible parties by no
later than June 28, 2019.
The United States and PRIDCO shall
submit a Proposed Discovery Plan for Phase III by no later than
July 26, 2019.
IT IS SO ORDERED.
San Juan, Puerto Rico, May 31, 2019.
s/ Francisco A. Besosa
FRANCISCO A. BESOSA
UNITED STATES DISTRICT JUDGE
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