Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:02-cv-01718-RNC Document 97 Filed 12/13/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT _
Joseph A. Schiavone Corporation, Civil Action
Michael Schiavone, : No. 302 CV-1718 (RNC)
Plaintiffs
Philip Kasden,
Northeast Utilities Service Company, and :
Connecticut Light and Power Company, 2
Defendants December 13, 2004
Plaintiffs’ Motion For Partial Summary Judgment As To Liability
The plaintiffs move for partial summary j udgment as to the liability ofthe defendants under
CERCLA. In accordance with FRCP Local Rule 56(a)l, plaintiffs’ Local Rule 56(cz)1 Statement is
annexed hereto. In addition, a memorandum of law in support of this motion has been filed.
Plaintiffs’ claims are based on CERCLA § 113 (Count I), CGS § 22a-452 (Count II), and
CGS § 22a—l6 (Count III). Claims for declaratory relief are made pursuant to CERCLA and the
Declaratory Judgments Act, 28 USC §§ 2201 -2202 (Count IV). At this time, plaintiffs seek
summary judgment only as to the de;fendants’ liability in this matter pursuant to CERCLA. As
discussed in more detail in the supporting memorandum of law, no genuine issues of fact exist with

Case 3:02-cv-01718-RNC Document 97 Filed 12/13/2004 Page 2 of 3
respect to the defendants CERCLA liability in this matter. Plaintiffs can establish a primo facie case
for liability as required under CERCLA and the controlling precedent in this Circuit, BF Goodrich
ct al. v. Bet/cos/ci et al., 99 F.3d. 505 (2"d Cir., 1996).1 Allocation of costs and damages are to be
determined at a later time.
Respectfully submitted,
Joseph A. Schiavone Corporation, and
Michael Schiavone
Plaintiffs
Nicholas J. Harding
Federal Bar No. ct06387
Kosloff& Harding
Their Attorneys
28 North Main Street
West Hartford, CT 06107
Tel: (860)521-7004
Fax: (860) 521-3352
F.\WPl)OCS\Schiavone\PCB 2057.1 I\Fed Pleadings\Summniy Judg Mot\Motion for Summary Judgment wpd
1 Betkoski (at 514-515) sets the elements for a prima focic case as "... (1) the defendant is within one of the
four categories of responsible parties enumerated in 42 USC §9607(a); (2) the landfill site is a facility as defined in 42
USC §960 1 (9); (3) there is a release or threatened release of hazardous substances at the facility; (4) the plaintiff incurred
costs responding to the release or threatened release; and (5) the costs and response actions conform to the national
contingency plan. 42 U.S.C. § 9607(a); A/can [U.S. v. A/can Aluminum Corporation, 990 F.2d 711 (1992)] , 990 F.2d
at 719-20; Murtha I [B.F. Goodrich C0. v. Murtha, 958 F.2d 1192 (2d Cir. 1992)], 958 F.2d at 1198.
If the plaintiff can establish each of the primufacie elements on undisputed facts, and the defendant is unable to
demonstrate by a preponderance of the evidence that an affirmative defense applies, summary judgment on liability is
appropriate. Alcan, 990 F.2d at 720. Significantly, it is `not required that the [plaintiff] show that a specific defendant's
waste caused incurrence of cleanup costs.’ ld. at 721. Because CERCLA imposes strict liability; there is no causation
requirement."
2

Case 3:02-cv-01718-RNC Document 97 Filed 12/13/2004 Page 3 of 3
Certificate 0f Service
I hereby certify that a copy of the above was mailed or dclivered in hand on December 13,
2004 t0 all counsel and pro se parties of record as follows:
Connecticut Light and Power Company Charles J. Nicol, Esq.
Angela L. Ruggiero, Esq.
Northeast Utilities Service Company
P.O. Box 270
Hartford, CT 06141-0270
Tel: 665-3431 /665-3495
Fax: 665-5504
Northeast Utilities Service Company Charles J. Nicol, Esq.
Angela L. Ruggiero, Esq.
Duncan Ross MacKay, Esq.
Northeast Utilities Service Company
P.O. Box 270
Hartford, CT 06141-0270
Tel: 665-3431 /665-3495
Fax; 665-5504
Nicholas J. Harding 5
Filing Location:
Office of the Clerk
U.S. District Court
450 Main Street
Hartford, CT 06103