Opinion
2:06-CV-0387-MCE-JFM.
August 31, 2006
MEMORANDUM AND ORDER
This action involves a claim made by the United States under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9613, for costs incurred in connection with the Central Eureka Mine Superfund Site (the "Site"). Third Party Plaintiffs Alpheus Kaplan and Nehemiah Development Company ("Plaintiffs") filed a Third Party Complaint ("Complaint") against various Third Party Defendants seeking a respective proportionate share of the response costs and other costs recoverable by the United States.
Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 78-230(h).
In bringing the present motion, Plaintiffs seek leave to amend their Complaint on the ground they discovered three deficiencies that can be cured by amendment. Specifically, they allege 1) some critical properties within the Site were omitted from the properties identified in the Complaint, and their owners were not identified as Third Party Defendants; 2) they failed to name all general partners of a general partnership identified as a responsible party under CERCLA; and 3) they failed to completely identify the Central Eureka Mine Minehead Parcels on which response costs were incurred.
Defendant Jack Brusatori filed a Statement of Non-opposition to Plaintiffs' Motion on August 25, 2006. The remaining Defendants named in Plaintiffs' Complaint have neither opposed Plaintiffs' Motion nor filed a Statement of Non-Opposition which the Court shall construe as itself non-opposition to the Motion.
Given Defendants' non-opposition and good cause appearing therefor, Plaintiffs' Motion for Leave to Amend their Complaint is GRANTED. Plaintiffs have ten (10) days following the date of this Order to file their proposed First Amended Complaint. To the extent necessary, Defendants shall answer or otherwise respond to said First Amended Third Party Complaint within ten (10) days after its filing and service.
IT SO ORDERED.