Pease & Curren Refining, Inc. v. Spectrolab, Inc.

MEMORANDUM OF DECISION

BACKGROUND

This case arises from an accident which occurred at the refining plant of Plaintiff Pease & Curren Refining, Inc. (“Pease & Curren”) on March 21, 1989. Pease & Cur-ren extracts and refines precious metals from liquid and solid by-products (hereinafter “waste”) it receives from various clients. Defendant Spectrolab, Inc. (“Spec-trolab”) is one such client.

Currently before this court are three motions brought by Spectrolab pursuant to Fed.R.Civ.P. 12(b)(6) and 12(f) to dismiss and strike portions of Pease & Curren’s complaint. For the purposes of these motions, this court accepts all of the facts asserted by Pease & Curren, the non-moving party, as true. Jenkins v. McKeithen, 395 U.S. 411, 421-22 , 89 S.Ct. 1843, 1848-49 , 23 L.Ed.2d 404 reh’g denied 396 U.S. 869 , 90 S.Ct. 35 , 24 L.Ed.2d 123 (1969) (Jenkins), In Re Beef Industry Antitrust Litigation, 600 F.2d 1148, 1154 (5th Cir.1979).

On two occasions in either late January or early February, 1989, Spectrolab requested that Pease & Curren pick-up nine fifty-five gallon drums of waste from Spee-trolab’s facility in Sylmar, California. The labels on the drums indicated that the drums contained…