Free Motion to Supplement - District Court of Colorado - Colorado

Case 1:04-cv-01263-REB-KLM

Document 298

Filed 12/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1263-PSF-MEH ROBERT M. FRIEDLAND, Plaintiff, v. TIC-- THE INDUSTRIAL COMPANY and GEOSYNTEC CONSULTANTS, INC. f/k/a GEOSERVICES, INC Defendants. ______________________________________________________________________________ DEFENDANT TIC- THE INDUSTRIAL COMPANY' UNOPPOSED MOTION TO S SUBMIT RESPONSE TO PLAINTIFF' SUPPLEMENTAL AUTHORITY S _________________________________________________________________________

Defendant TIC- The Industrial Company hereby requests that this Court enter an order granting this Motion and accepting for filing the Response submitted herewith. Defendant GeoSyntec Consultants, Inc., joins in the Motion and Response. As grounds therefore, TIC states: Certificate of Conferral Pursuant to D.C. Colo. L.R. 7.1, the undersigned has conferred with counsel for Plaintiff Robert Friedland, Perry Glantz, regarding this Response. Mr. Glantz agreed that TIC had the right to respond to Plaintiff' Supplemental Authority. s Motion On October 30, 2006, Friedland filed a Motion for Summary Judgment regarding his liability under the Comprehensive Environmental Response, Compensation, and Liability Act (" CERCLA" (See Docket No. 151). On November 29, 2006, TIC filed its ).

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Memorandum of Law in Opposition to Friedland' Motion for Summary Judgment. (See s Docket No. 178). Friedland filed his Reply in Support of his Motion for Summary Judgment on January 2, 2007. (See Docket No. 195). On approximately November 15, 2007, Perry Glantz, one of Friedland' attorneys, s contacted Colin Deihl, one of TIC' attorneys. Mr. Glantz inquired as to whether TIC' s s attorneys had any objections to Friedland' Motion to Submit Supplemental Authority in s support of his Motion for Summary Judgment. (Ex. A: November 15, 2007 E-mail from P. Glantz to C. Deihl). On the same day, Mr. Deihl responded, via e-mail, that TIC did not oppose Friedland' motion, as long as Mr. Glantz agreed that TIC had the right to s respond concerning the relevancy of the supplemental authority. (Ex. A: November 15, 2007 E-mail from C. Deihl to P. Glantz). Mr. Glantz agreed. (Ex. A: November 15, 2007 Email from P. Glantz to C. Deihl). On November 20, 2007, Friedland filed his Motion to Submit Supplemental Authority, representing that TIC did not oppose the Motion and failing to indicate that TIC expressly reserved the right to respond to the Motion on the basis of relevancy. (Docket No. 296). The Court granted the Motion on November 21, 2007. (Docket No. 297). TIC expressly reserved the right to respond Friedland' Motion to Submit s Supplemental Authority on the basis of relevance and now requests that the Court allow it to do so. The Supplemental Authority offered by Friedland does not does not provide any additional support for Friedland' Motion for Summary Judgment and does not change the s operative legal standard by which Friedland' extensive involvement at Summitville should s be judged. As explained by TIC' Memorandum of Law in Opposition to Friedland' s s Motion for Summary Judgment, Friedland' involvement at the Summitville Mine Site s 2

Case 1:04-cv-01263-REB-KLM

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establishes that there is a genuine issue of material fact regarding Friedland' personal s liability as a CERCLA operator. Friedland' Motion for Summary Judgment Regarding s Plaintiff' CERCLA Liability should be denied. s WHEREFORE, for the foregoing reasons, TIC respectfully requests that this Court accept for filing TIC' Response to Plaintiff' Supplemental Authority, submitted herewith. s s

Dated: December 19, 2007 s/Colin C. Deihl Colin C. Deihl Faegre & Benson LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 Telephone: (303) 607-3651 FAX: (303) 607-3600 E-mail: [email protected] Delmar R. Ehrich Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 Attorneys for Defendant TIC ­The Industrial Company

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CERTIFICATE OF SERVICE

I hereby certify that on December 19, 2007, true and correct copies of the foregoing were electronically filed via Electronic Case Filing (ECF) with the United States District Court for the District of Colorado and served electronically on the following:

Perry L. Glantz, Esq. Fritz W. Ganz, Esq. Fognani & Faught, PLLC 1700 Lincoln Street, Suite 2222 Denver, Colorado 80203 [email protected] Terence M. Ridley, Esq. Marian L. Carlson, Esq. Wheeler Trigg Kennedy LLP 1801 California St., Suite 3600 Denver, Colorado 80202-2617 [email protected] [email protected] Paul J. Sanner, Esq. Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP 333 Market Street, Suite 2100 San Francisco, California 94105-2173 [email protected]

s/ Jan Sullivan

fb.us.2480976.01

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