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Schlumberger Technology Corporation, Inc., A Texas Corporation v. East Charleston

April 26, 2013

SCHLUMBERGER TECHNOLOGY CORPORATION, INC., A TEXAS CORPORATION PLAINTIFF,
v.
EAST CHARLESTON, INC., A CALIFORNIA CORPORATION;
PACIFIC AMERICAN MANAGEMENT COMPANY, A CALIFORNIA LIMITED LIABILITY CORPORATION,
DEFENDANTS.



The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER RE: SUMMARY JUDGMENT MOTIONS AND CASE MANAGEMENT CONFERENCE

Clerk: Martha Parker Brown Reporter: Lee-Anne Shortridge Attorneys: Tom Boer for Schlumberger Technology Corporation, Inc. ("STC") and National Semiconductor Maine, Inc. ("NSM"); Jan Greben and Brett Boon for East Charleston, Inc. ("ECI") and Pacific American Management Company ("PAMCO"); Joseph Salazar and Glenn Friedman for Travelers Casualty and Surety Company as alleged insurer of Advalloy ("Travelers"); Jon-Erik William Magnus for Great American on behalf of Advalloy ("Great American")

A summary judgment hearing and case management conference were held on April 25, 2013 at 1:30 p.m.

Before the Court were three motions for summary judgment: (1) PAMCO's motion for summary judgment, ECF No. 155; (2) Travelers' motion for summary judgment or partial 27 summary judgment, ECF No. 156; and (3) STC and NSM's motion for partial summary judgment, ECF No. 161. 28

At the hearing, Travelers represented that it had dismissed all claims against PAMCO. A stipulation of dismissal of these claims shall be filed by May 2, 2013. 3

CERCLA claims for cost recovery pursuant to CERCLA § 107(a) and contribution pursuant to CERCLA § 113(f). For the same reasons, the Court DENIED PAMCO's motion on NSM's, 5

Travelers', and Great American's CERCLA contribution claims pursuant to CERCLA § 113(f).

Per Great American's concessions, the Court GRANTED PAMCO's motion on Great American's claim under the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA").

For the reasons stated on the record, the Court DENIED PAMCO's motion on Great American's common law claims for contribution, indemnification, and equitable indemnification.

PAMCO's MOTION FOR SUMMARY JUDGMENT

For the reasons stated on the record, the Court DENIED PAMCO's motion on STC's TRAVELERS' SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT MOTION 10 11 for relief against Advalloy for cost recovery pursuant to CERCLA § 107(a) and contribution pursuant to CERLA § 113(f). For the same reasons, the Court DENIED Traveler's motion on 12 ECI's claims against Advalloy for statutory contribution and indemnity under the HSAA.

Per ECI's representation that it will dismiss its negligence and negligence per se claims, the Court GRANTED Travelers' motion on these claims. 14

Advalloy for continuing nuisance and continuing trespass, equitable contribution, and equitable indemnity are limited to the damages allegedly incurred by ECI in the three year period preceding 16 the filing of ECI's third party complaint.

For the reasons stated on the record, the Court DENIED in part and GRANTED in part Travelers' motion on ECI's claims for declaratory relief against Advalloy. As stated on the record, 18 the Court found that ECI's claims for declaratory relief ...


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