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United States of America v. Bradley Mining Company

December 5, 2011

UNITED STATES OF AMERICA, PLAINTIFF, ))
v.
BRADLEY MINING COMPANY,
DEFENDANTS.



The opinion of the court was delivered by: Thelton E. Henderson, Judge United States District Court

JOINT MOTION TO CONSOLIDATE ) ACTIONS, STIPULATION, AND [PROPOSED] ORDER et al., ) 17

Frederick Bradley, Trustee for the Worthen Bradley Family Trust, hereby move, pursuant to Plaintiff, the United States of America, and Defendants, Bradley Mining Company and Rule 42(a) of the Federal Rules of Civil Procedure, to consolidate the above-captioned action 4 with the related action filed in this Court by the United States, United States v. Bradley Mining Court consolidate these two actions under the above-captioned case number.

above-captioned action under the Comprehensive Environmental Response, Compensation, and Company, Civil Action No. 3:08-CV-05501-TEH. The parties respectfully request that the 6

On August 19, 2008, the United States filed a Complaint against Defendants in the

Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601 et seq., seeking recovery of unreimbursed 10 costs incurred and to be incurred by it, together with interest, for activities undertaken in 11 response to the release or threatened release of hazardous substances at the Sulphur Bank 12

26, 2008, the United States filed another action under Section 107 of CERCLA, 42 U.S.C. 14

§ 9607, against Bradley Mining Company in the District Court of Idaho for recovery of costs 15 incurred by the United States in connection with the Stibnite Mine Site in Valley County, Idaho 16

("Stibnite Mine case"). Pursuant to the parties' stipulation, the District of Idaho ordered that the 17 venue be changed to the Northern District of California. In response to the parties' stipulation 18 and the United States' motion in the Sulphur Bank case, this Court determined that the Sulphur 19

TEH, Court Docket No. ("DN") 31. 21

22 that the parties had reached final agreement on all of the terms of a Consent Decree, which, if 23 entered, would fully resolve all of the claims in this matter and in the related Stibnite Mine case, 24

United States v. Bradley Mining Company, Case No. 3:08-CV-05501 (TEH). DN 77. Counsel 25 for the Elem Tribe, which is not yet a party to this action but is a party to the Consent Decree, 26 has also represented that the terms of the Consent Decree are acceptable to the Elem Tribe. Id. at 27

Consent Decree with the Court and submit the Consent Decree for public comment in Joint Motion to Consolidate Actions - Case No. 3-08-CV-03968 TEH

Mercury Mine Superfund Site in Lake County, California ("Sulphur Bank case"). On September 13

Bank and Stibnite Mine cases were related on December 23, 2008. Case No. 3:08-CV-03968 20

On December 2, 2011, the parties filed a Joint Notice of Settlement to inform the Court

2. If approval of the Consent Decree is obtained from all parties, the United States will lodge the accordance with 28 C.F.R. ยง 50.7. Id. The Court granted the parties' request to stay all 2 proceedings in this matter for 75 days ...


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