Wehner

ORDER GRANTING DEFENDANTS’ MOTION TO STRIKE AND GRANTING PLAINTIFFS LEAVE TO AMEND

This case came before this court on December 16, 1987 for hearing on defendants’ motion to strike certain paragraphs of plaintiffs’ complaint. This court having duly considered the pleadings and oral arguments of the parties, GRANTS the defendants’ motion to strike three allegations in plaintiffs’ complaint. Specifically, the court strikes allegations concerning costs of medical examinations to diagnose, assess or monitor the effects of dioxin contamination; diminution in value or loss of real and personal property; and post-relocation living expenses. Plaintiffs’ counsel stated during oral argument that plaintiffs no longer seek recovery for post-relocation living expenses.

I. BACKGROUND

This case is a certified class action brought by residents and property owners in “confirmed dioxin sites,” most notably in Times Beach, Missouri. Plaintiffs bring this action pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (hereinafter “CERCLA”). Plaintiffs seek to recover from defendants “response costs” in connection with the dioxin contamination…