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

United States District Court, Ninth Circuit

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.

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").

ORDER RE: SUMMARY JUDGMENT MOTIONS AND CASE MANAGEMENT CONFERENCE

LUCY H. KOH, District Judge.

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 summary judgment, ECF No. 156; and (3) STC and NSM's motion for partial summary judgment, ECF No. 161.

PAMCO's MOTION FOR SUMMARY JUDGMENT

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.

For the reasons stated on the record, the Court DENIED PAMCO's motion on STC's 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, 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.

TRAVELERS' SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT MOTION

For the reasons stated on the record, the Court DENIED Travelers' motion on ECI's claims 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 ECI's claims ...


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