Garrett Day LLC et al v. International Paper Company et al, No. 3:2015cv00036 - Document 161 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART: (1) MOTION TO DISMISS FIRST AMENDED COMPLAINT BY DEFENDANTS FOX VALLEY CORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH PAPER, INC. (DOC. # 147 ); AND (2) DE FENDANT INTERNATIONAL PAPER COMPANY'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT (DOC. # 148 )- Plaintiffs have stated plausible claims for relief under § 107(a) of CERCLA, and under Ohio Revised Code § 3746.23(8). They have also asserted a plausible claim of successor liability against the Neenah Defendants. These claims therefore remain pending. Plaintiffs' common law nuisance claim, however, is DISMISSED WITH PREJUDICE.Signed by Judge Walter H. Rice on 2/15/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)