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United States v. Seymour Recycling Corp.

Citation: 14 ELR 20855
No. No. IP80-457-C, 21 ERC 1999/(S.D. Ind., 07/30/1984) Case management order issued

The court issues a case management order in a Comprehensive Environmental Response, Compensation, and Liability Act case consolidating defense in the hands of liaison counsel and bifurcating the case to allow resolution of issues of relief prior to addressing issues of liability and contribution. The court lists the six liaison counsel agreed upon by most generator defendants and identifies their responsibilities; those responsibilities include filing consolidated papers, acting as spokespersons at pretrial conferences, and conducting settlement negotiations. The court also bifurcates the case to facilitate settlement. Determining whether there is groundwater contamination at the site and identifying a remedial plan are prerequisites to adjudication of the liability of defendants. The court directs the parties to litigate the issue of damages, and orders a stop to all activities regarding liability. The court schedules settlement conferences and discovery relating to damages.

The full text of this opinion is available from ELR (5 pp. $1.25, ELR Order No. C-1332).

Counsel for Plaintiffs
Steven Ramsey
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5227

Counsel for Defendants
James R. Adams
Frost & Jacobs
2500 Central Trust Center, 201 E. Fifth St., Cincinnati OH 45202
(513) 651-6800

Harold Himmelman
Beveridge & Diamond
1333 New Hampshire Ave. NW, Washington DC 20036
(202) 828-0200

Steckler, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]