Natural Resources Defense Council, Inc. et al v. County of Dickson, Tennessee et al

Filing 451

ORDER: For the reasons set forth in the accompanying Memorandum, the Corporate Defendants' Joint Motion For Summary Judgment 361 is DENIED; the Governmental Defendants' Motion For Summary Judgment 365 is DENIED; and the Plaintiffs' Joint Motion For Partial Summary Judgment is GRANTED in part, and DENIED in part. Plaintiffs' request for summary judgment on the issue of jurisdiction is granted. The Corporate Defendants' Motion For Permission To File Supplemental Memora ndum 449 is GRANTED. Plaintiffs' Motion For Oral Argument 442 is DENIED, as the Court finds oral argument unnecessary. Plaintiffs' Motion To Strike 425 is DENIED, as moot, as the Court finds it unnecessary to consider the testimony o f Mr. Sloan to resolve the pending motions. For purposes of resolving the pending motions, the position of the State of Tennessee is adequately set forth in the testimony of Charles L. Head to which no objection has been raised. The Court expresses no opinion on the admissibility of the testimony of Mr. Sloan or Mr. Head at the trial of this case. Signed by Chief Judge Todd J. Campbell on 1/3/11. (dt)