Northern States Power Company v. The City of Ashland, Wisconsin et al

Filing 469

ORDER granting 342 Motion for Reconsideration or Correction re: 341 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment, by Defendant Ashland County, Wisconsin. Signed by District Judge Barbara B. Crabb on 4/10/2015. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NORTHERN STATES POWER COMPANY,
ORDER
Plaintiff,
12-cv-602-bbc
v.
THE CITY OF ASHLAND, WISCONSIN;
ASHLAND COUNTY, WISCONSIN; and
L.E. MYERS COMPANY,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendant Ashland County has asked the court to reconsider or correct the summary
judgment opinion issued March 18, 2015. Dkt. #342. The opinion states that “defendant
County admitted that the wood treatment chemical creosote has been disposed of at the site
and that wood preservation activities occurred there at some time.” Dkt. #341, at 32.
However, defendant County correctly notes that it was letters and memoranda from
defendant City of Ashland that contained admissions related to creosote and wood
treatment. Dkt. #299, at ¶ 38. Accordingly, defendant County’s motion, dkt. #342, is
GRANTED, and the opinion issued March 18, 2015, at dkt. #341, is AMENDED on page
32 as follows: the sentence “However, defendant County admitted that the wood treatment
chemical creosote has been disposed of at the site and that wood preservation activities
occurred there at some time” is deleted and replaced with, “Defendant City’s historical
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correspondence suggests that it believed that wood treatment chemical creosote had been
disposed of at the site and that wood preservation activities occurred there at some time.”
Further, I note that in the order section of the opinion, the docket number for
plaintiff’s motion for leave to file a surreply was incorrect. Paragraph 3 of the order is
AMENDED to refer to docket #303, rather than docket #335.

Entered this 10th day of April, 2015.
BY THE COURT:
/s/
____________________
BARBARA B. CRABB
District Judge

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