United States v. Honeywell International, Inc.

MEMORANDUM AND ORDER

Third-Party Plaintiffs (“Third-Party Plaintiffs”) request summary adjudication that Third-Party Defendant Charles C. Bruner (“Third-Party Defendant”) is a Responsible Party under the Comprehensive Environmental Response, Compensation And Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., and is liable for contribution of an equitable share of the response costs incurred by the United States Environmental Protection Agency (“U.S.EPA”) at the Central Eureka Mine Superfund Site in Amador County, California (“Site”). Third-Party Plaintiffs also seek summary judgment regarding the appropriate allocation of Third-Party Defendant’s equitable share of response costs and request this Court render a judgment ordering that Third-Party Defendant pay to them a contribution of One-Hundred Sixty Thousand Dollars ($160,000).

BACKGROUND

A. Factual Background

Third-Party Plaintiffs provided the Court with ample facts they consider to be undisputed. However, contrary to the requirements of Rule 56(e)(2) that an opposing party “must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial,” Third-Party Defendant’s…