Pasco Sanitary Landfill NPL Site Industrial Waste Area Generator Group III v. Basin Disposal Inc et al

Filing 128

ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL OF DEFENDANT HOFFMAN CORPORATION granting 92 Motion to Dismiss. Party Hoffman Corporation terminated. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Oct 19, 2015

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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PASCO SANITARY LANDFILL
NPL SITE INDUSTRIAL WASTE
AREA GENERATOR GROUP III,

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Plaintiff,
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v.
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BASIN DISPOSAL, INC.; BNSF
RAILWAY COMPANY;
BONNEVILLE POWER
ADMINISTRATION; CARR
AVIATION, INC.; LEONARD
DIETRICH, and their marital
community; GLENDA DIETRICH, and
their marital community; PASCO
SANITARY LANDFILL, INC.; E.I.
DU PONT DE NEMOURS AND
COMPANY; FARMLAND RESERVE,
INC.; AGRESERVES, INC.;
HOFFMAN CORPORATION;
SANDVIK SPECIAL METALS LLC;
SOUTHWEST SUBURBAN SEWER
DISTRICT; UNITED STATES ARMY
CORPS OF ENGINEERS; UNITED
STATES COAST GUARD; UNITED
STATES DEPARTMENT OF
AGRICULTURE; UNITED STATES
DEPARTMENT OF THE AIR FORCE;
UNITED STATES DEPARTMENT OF
ENERGY; UNITED STATES
DEPARTMENT OF THE INTERIOR;
UNITED STATES DEPARTMENT OF

ORDER - 1

No. 4:15-CV-05022-SMJ

ORDER GRANTING MOTION
FOR VOLUNTARY DISMISSAL
OF DEFENDANT HOFFMAN
CORPORATION

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THE NAVY; AND ZEP, INC.,
Defendants.

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Before the Court, without oral argument, is the Plaintiff Pasco Sanitary
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Landfill NPL Site Industrial Waste Area Generator Group III’s (“IWAG III”)
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Motion for Voluntary Dismissal of Defendant Hoffman Corporation, ECF No. 92.
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Plaintiff moves for voluntary dismissal of Hoffman Corporation from this case
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without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
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Hoffman Corporation has not filed an answer or a motion for summary judgment
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in this case. Having reviewed the files and records herein, the Court finds good
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cause to grant the motion.
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1.

Plaintiff’s Motion for Voluntary Dismissal of Defendant Hoffman

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Corporation, ECF No. 92, is GRANTED.
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2.

All

claims

against

Defendant

Hoffman

Corporation

are

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DISMISSED WITHOUT PREJUDICE, with all parties to bear
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their own costs and attorneys’ fees.
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3.

The Clerk’s Office is directed to AMEND the caption as follows:

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PASCO SANITARY LANDFILL NPL SITE INDUSTRIAL
WASTE AREA GENERATOR GROUP III,

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Plaintiff,
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v.

ORDER - 2

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BASIN DISPOSAL, INC.; BNSF RAILWAY COMPANY;
BONNEVILLE POWER ADMINISTRATION; CARR AVIATION,
INC.; LEONARD DIETRICH, and their marital community;
GLENDA DIETRICH, and their marital community; PASCO
SANITARY LANDFILL, INC.; E.I. DU PONT DE NEMOURS
AND
COMPANY;
FARMLAND
RESERVE,
INC.;
AGRESERVES, INC.; SANDVIK SPECIAL METALS LLC;
SOUTHWEST SUBURBAN SEWER DISTRICT; UNITED
STATES ARMY CORPS OF ENGINEERS; UNITED STATES
COAST GUARD; UNITED STATES DEPARTMENT OF
AGRICULTURE; UNITED STATES DEPARTMENT OF THE
AIR FORCE; UNITED STATES DEPARTMENT OF ENERGY;
UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED
STATES DEPARTMENT OF THE NAVY; AND ZEP, INC.

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Defendants.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order
and provide copies to all counsel.
DATED this 19th day of October 2015.

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SALVADOR MENDOZA, JR.
United States District Judge

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Q:\SMJ\Civil\2015\Pasco Sanitary Landfill NPL Site Industrial Waste Area Generator Group III v Basin Disposal Inc et al-5022\ord dism hoffman lc2 docx

ORDER - 3