UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 24, 2009
UNITED STATES OF AMERICA, ET AL., PLAINTIFFS,
STERLING CENTRECORP INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
Presently before the Court is the parties' Joint Motion to Bifurcate. Pursuant to Federal Rule of Civil Procedure 42(b), the Court hereby orders discovery and trial bifurcated as follows:
1. Phase 1 is comprised of discovery and trial on the Court's jurisdiction over Sterling, and Defendants' liability under CERCLA section 107(a) for past and future response costs; and
2. Phase 2 is comprised of discovery and trial on Plaintiffs' entitlement to the response costs sought. Defendants will be permitted to raise in Phase 2 a statute of limitations defense to costs incurred prior to execution of the Record of Decision for the Mine Area Operable Unit in September 2004.
IT IS SO ORDERED.
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