United States v. New Castle County

116 F.R.D. 19, 26 ERC 1454, 18 Envtl. L. Rep. (Envtl. Law Inst.) 20188, 26 ERC (BNA) 1454, 1987 U.S. Dist. LEXIS 5133
CourtDistrict Court, D. Delaware
DecidedApril 10, 1987
DocketCiv. A. No. 80-489 LON
StatusPublished
Cited by5 cases

This text of 116 F.R.D. 19 (United States v. New Castle County) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. New Castle County, 116 F.R.D. 19, 26 ERC 1454, 18 Envtl. L. Rep. (Envtl. Law Inst.) 20188, 26 ERC (BNA) 1454, 1987 U.S. Dist. LEXIS 5133 (D. Del. 1987).

Opinion

OPINION

LONGOBARDI, District Judge.

On January 13, 1987, the Court held a hearing on various motions pending before the Court. At the hearing, the Court issued its rulings on each of the motions but indicated that an Order setting forth the Court’s rulings in greater detail would follow. The instant Opinion represents that follow-up.

1. Plaintiffs Motion to File Third Amended and Supplemental Complaint

The Court will first address Plaintiff United States’ motion for leave to file a third amended and supplemental complaint. Docket Item (“D.I.”) 1639. By its motion, Plaintiff seeks to conform the allegations of its complaint to the Superfund Amend- . ments and Reauthorization Act of 1986 (“SARA”). This aspect of the motion being unopposed, it is granted. In addition, Plaintiff seeks to name J.T. Ward and Sons Contractors, Inc. as a Defendant. This aspect of the motion is also unopposed and it is, therefore, granted. Finally, Plaintiff seeks to name six Third-Party Defendants as Defendants. (The proposed Defendants, NVF Company, The Budd Company, Avon Products, Inc., Witco Chemical Company, [23]*23Kennecott Corporation and E.I. du Pont de Nemours & Co. will be collectively referred to as the “Specified Third-Party Defendants.”) Because this aspect of the motion is opposed, it will be discussed in detail.

The standards governing motions to amend are well settled. See Thermal American Fused Quartz Company, Inc. v. John L. Briggs & Company, C.A. No. 84-46 LON, Memorandum Opinion (D.Del.Sept. 15, 1986). Rule 15(a) of the Federal Rules of Civil Procedure provides that leave to amend “shall be freely given when justice so requires.” The paramount factors to be considered in addressing a motion to amend are: (1) whether the moving party has engaged in undue delay in filing the motion; and (2) whether prejudice to the non-moving parties would result if the motion were granted. See Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962).

In order to pursue the delay and prejudice inquiries required under Rule 15(a), it is important to understand the factual background against which the instant motion was filed. This lawsuit was originally filed in October, 1980. In its initial complaint, Plaintiff named as Defendants New Castle County, Stauffer Chemical Company and William C. Ward. The original complaint sought relief under section 7003 of the Resource Conservation Recovery Act, 42 U.S.C. § 6973 (“RCRA”). In June, 1982, Plaintiff amended its complaint to add a claim under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”). In April of 1984, Plaintiff again amended its complaint for the purpose of naming ICI Americas Inc. as a Defendant. In June of 1984, Kennecott Corporation, one of the Specified Third-Party Defendants, was named as a Third-Party Defendant. In April, 1985, each of the remaining Specified Third-Party Defendants was named in the lawsuit.

The proposed amendment thus comes six years after this lawsuit was filed. It comes two and a half years after one of the Specified Third-Party Defendants was named as a party, and a year and a half after each of the remaining Specified Third-Party Defendants was named as a party. Plaintiff has thus known for at least a year and a half that each of the Specified Third-Party Defendants was potentially liable. Plaintiff took no action to name those parties as Defendants during that one and a half year period.

Moreover, long before the Specified Third-Party Defendants were named as parties to the lawsuit, the Government had available to it information which implicated at least some of those parties. During the period 1980 to 1984, the Government participated in extensive discovery and had available to it the discovery taken by other parties. The fruits of those discovery efforts included information indicating that at least some of the Specified Third-Party Defendants had generated waste which was transported to Tybouts Corner Landfill.

For example, in 1981, the Environmental Protection Agency (“EPA”) took the deposition of Stanley J. Twardus, president of Stanley J. Twardus and Sons, Inc., a waste hauler. At the deposition, Mr. Twardus testified that his company had transported waste to the Tybouts Corner Landfill for some of the Specified Third-Party Defendants. In addition, in 1981, the Government attended the deposition of a New Castle County employee who testified that he believed that Avon, one of the Specified Third-Party Defendants, had hauled waste to the landfill. Despite this information, the Government made no effort to name the Specified Third-Party Defendants until more than five years after the information became available.

Plaintiffs motion also comes two and a half years after a Court-imposed deadline for naming new parties to the lawsuit. At a January, 1984, pretrial scheduling and management conference, the Government indicated that it would soon complete its investigation of potential Defendants and would join all Defendants by April 1, 1984. As a result of this representation, the Court entered an Order establishing April [24]*241, 1984 as the deadline for naming additional parties. Despite the fact that this deadline lapsed nearly two and a half years ago, the Government now seeks permission to join additional parties.

In an effort to explain its delay in filing the instant motion, Plaintiff asserts that it was attempting to make a “careful and comprehensive evaluation” of the evidence before naming additional parties. D.I. 1760, p. 4. While the Court is not unmindful that the prosecution of this lawsuit is an extraordinarily complex and burdensome undertaking, and while the Court certainly appreciates the Government’s desire, and indeed its duty, to exercise care before naming additional parties, the Court cannot accept Plaintiff’s explanation. By its own admission, the Government’s motion to amend is based on a “reevaluation of the evidence ... compiled from a combination of older as well as more recent discovery.” D.I. 1658, p. 12 (emphasis added). The Government clearly had information available to it long ago which implicated at least some of the Specified Third-Party Defendants. The Government offers no plausible excuse for its delay in filing the instant motion.

Moreover, the Third-Party Defendants would be substantially prejudiced if Plaintiff’s motion to amend were granted. Prejudice to the non-moving parties represents the “touchstone for denial of leave to amend.” Heyl & Patterson International v. F.D. Rich Housing, 663 F.2d 419, 425 (3d Cir.1981).

Following the assignment of this case to me in May, 1985, I asked counsel to form joint committees and to appoint representative counsel. I viewed—and still view— these steps as imperative in an effort to move this vast and complex litigation forward. At the Court’s initiative, the Third-Party Defendants have cooperated with each other in discovery, have worked together in the selection of experts, have agreed to limit the filing of crossclaims and, perhaps most importantly, have attempted to develop a cooperative approach toward settlement efforts.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Elf Atochem North America, Inc. v. United States
161 F.R.D. 35 (E.D. Pennsylvania, 1995)
Select Creations, Inc. v. Paliafito America, Inc.
830 F. Supp. 1213 (E.D. Wisconsin, 1993)
United States v. Kramer
770 F. Supp. 954 (D. New Jersey, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
116 F.R.D. 19, 26 ERC 1454, 18 Envtl. L. Rep. (Envtl. Law Inst.) 20188, 26 ERC (BNA) 1454, 1987 U.S. Dist. LEXIS 5133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-new-castle-county-ded-1987.