Neely

MEMORANDUM & ORDER

Re: Motion to Dismiss Second Amended Third-Party Complaint against Melinda Ellis Evers, Successor Trustee of the Harold A. Ellis, Jr. Revocable Inter Vivos Trust Dated July 13, 2000

Defendants/third-party plaintiffs The Kirrberg Corporation and Stark Investment Company filed a third-party complaint for CERCLA contribution, declaratory relief and equitable indemnity against Melinda Ellis Evers (“Trustee Evers”), Successor Trustee of the Harold A. Ellis, Jr. Revocable Inter Vivos Trust Dated July 13, 2000 (“Revocable Family Trust”) as well as several other third-party defendants. Now before the court is Trustee Evers’ motion to dismiss the Second Amended Third-Party Complaint (“SATC”), in which she argues that Harold A. Ellis, Jr. was not personally liable under CERCLA prior to his death because as a fiduciary he is protected from liability beyond the assets of the trust. Having considered the arguments of the parties and for the reasons stated below, the court enters the following memorandum and order.

BACKGROUND

As set forth in the October 4, 2010 Memorandum and Order dismissing the third-party plaintiffs’ First Amended Complaint (“FAC”), Docket No. 107,…