Garrett Day LLC et al v. International Paper Company et al, No. 3:2015cv00036 - Document 260 (S.D. Ohio 2019)

Court Description: DECISION AND ENTRY SUSTAINING MOTION FOR SUMMARY JUDGMENT OF DEFENDANT BROWNFIELD CHARITIES, INC. (DOC. # 214 ); OVERRULING WITHOUT PREJUDICE DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOCS. ## 206 , 213 , 221 ), TO THE EXTENT THAT THEY ARE BA SED ON PLAINTIFFS' ALLEGED FAILURE TO PRESENT EVIDENCE THAT HAZARDOUS SUBSTANCES WERE DISPOSED OF OR RELEASED AT THE SITE DURING DEFENDANTS' OWNERSHIP OR OPERATION; OVERRULING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS HPP, INC., HPM INVESTO RS, INC., AND HARRISON HOLDINGS LIMITED PARTNERSHIP WITH RESPECT TO THE CERCLA CLAIM, AND DIRECTING PLAINTIFFS TO SHOW CAUSE WITHIN 14 DAYS WHY THE COURT SHOULD NOT SUSTAIN THE HPP DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE OHIO VAP CLAIM (D OC. # 206 ); SUSTAINING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS FOX VALLEY CORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH, INC., AS IT RELATES TO SUCCESSOR LIABILITY (DOC. # 213 ); OVERRULING DEFENDANT INTERNATIONAL PAPER COMPANY'S MOTION FOR SUMMARY JUDGMENT ON FACTS (DOC. # 221 ); OVERRULING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR LEAVE (DOC. # 250 ); PLAINTIFFS TO SERVE AMENDED REQUESTS FOR ADMISSION BY APRIL 15, 2019; COUNSEL TO SUBMIT JOINT REV ISED RULE 26(f) REPORT BY APRIL 22, 2019; CONFERENCE CALL SET FOR APRIL 30, 2019, AT 5:00 P.M. Signed by Judge Walter H. Rice on 3/25/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)