Whitlock

Whitlock v. PEPSI AMERICAS

Good Law
681 F. Supp. 2d 1116·2010 WL 375399·40 Envtl. L. Rep. (Envtl. Law Inst.) 20035·2010 U.S. Dist. LEXIS 5837
United States District Court, Northern District of CaliforniaJanuary 26, 2010C 08-2742 SICalifornia2,787 words

Opinion

Opinion

Illston, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS’ INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIMS

Defendants’ motion for summary judgment on plaintiffs’ claims for intentional infliction of emotional distress is scheduled for a hearing on February 5, 2010. Pursuant to Civil Local Rule 7-l(b), the Court determines that the matter is appropriate for resolution without oral argument, and VACATES the hearing on this matter. After consideration of the parties’ papers, the Court hereby GRANTS defendants’ motion. The case management conference scheduled for February 5, 2010 at 3:00 p.m. remains on calendar.

BACKGROUND

On May 30, 2008, plaintiffs filed this ease alleging injuries sustained as a result of improper disposal of hazardous waste at the Remco facility located in Willits, California. Plaintiffs are residents or former residents of the city of Willits, workers at the Remco site, or associated with workers in the site or related to plaintiffs exposed to the contaminants. The complaint alleges a number of California tort claims based on hazardous waste contamination, including negligence, negligence per se, intentional infliction of emotional distress,…

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