Gallagher & Kennedy, P.A. v. City of Phoenix

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GALLAGHER & KENNEDY, P.A., No. 23-15938

Plaintiff-Appellant, D.C. No. 2:16-cv-04447-DAE-BGM v.

CITY OF PHOENIX, a political subdivision MEMORANDUM* of the State of Arizona; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona David A. Ezra, District Judge, Presiding

Argued and Submitted August 12, 2024 San Francisco, California

Before: GRABER, CALLAHAN, and KOH, Circuit Judges.

Gallagher & Kennedy, P.A. (“G&K”), a law firm, seeks to recover $21.

million in costs that it allegedly incurred in responding to the City of Phoenix,

Maricopa County, and Prudential Overall Supply’s (collectively “City”) release of

hazardous substances that contaminated the Roosevelt Irrigation District’s (“RID”)

groundwater wells. G&K filed the current cost recovery action under the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…