City of Rialto v. United States Department of Defense

MEMORANDUM *

Goodrich Corporation (“Goodrich”), the City of Rialto, and Rialto Utility Authority (together “Rialto”) brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”), seeking to recover substantial remediation costs they had respectively incurred. 1 The district court consolidated these actions because both were based on the same events and were brought against many of the same defendants.

The district court subsequently granted a motion by defendant United States Department of Defense for judgment on the pleadings with respect to Claim Two of Rialto’s complaint, which sought contribution under CERCLA § 107(a), 42 U.S.C. § 9607 . The district court dismissed the § 107 contribution claim and directed the entry of a separate judgment pursuant to Federal Rule of Civil Procedure 54(b) on *517 Rialto’s § 107 claim. Both Rialto and Goodrich filed timely notices of appeal from the separate judgment.

1. Goodrich’s Appeal

' The defendants contend that we do not have jui’isdiction over Goodrich’s appeal.

Although Goodrich’s complaint included a § 107 contribution claim that was substantially similar to…