Friends of Riverside Airport LLC v. Department of the Army

I.

BACKGROUND

As set forth by the parties, “[t]his case concerns the cleanup of an approximately 64-acre property in Riverside, California, commonly known as ‘Ag Park,’ conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (‘CERCLA’), 42 U.S.C. §§ 9601 to 9675. The cleanup was completed in phases, with three separate removal actions. Phase I concluded in 2009, Phase II occurred from 2013 to 2014, and Phase III occurred from 2016 to 2018.” Dkt. 134-1, L.R. 37-2 Joint Stipulation (“JS”), at 3.

On March 2, 2020, Army served Requests for Production, Set Two, on Plaintiff, including Request for Production No. 53 seeking:

documents that relate to or reflect your management and cleanup at the Ag Park, including but not limited to: communications with, and payments made to, persons participating in the cleanup; correspondence with the California Department of Toxic Substances Control and the U.S. Environmental Protection Agency; and your investigation into the level of contamination at the Ag Park.

Dkt. 134-2, Declaration of Andrew J. Corimski (“Corimski Decl.”), ¶ 3, Ex. 1.

On April 13, 2020, Plaintiff responded to Army’s Request for…