Summary
observing that “[r]aw sewage seems to easily fit within the ordinary and generally accepted meaning of waste ...”
Summary of this case from Marcelle v. S. Fid. Ins. Co.Opinion
NO. 1:07-CV-988.
February 17, 2009
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The court referred this matter to the Honorable Earl S. Hines, United States magistrate judge, for pretrial proceedings pursuant to a Referral Order filed on January 7, 2008. The court has received and considered the report of the United States magistrate judge, who recommends that the court deny GuideOne's motion for partial summary judgment to the extent that it seeks to avoid liability for expenses incurred in extracting pollutants from First Baptist Mauriceville's land up to $10,000.00 per described premises, and grant the motion in all other respects.
No objections to the magistrate judge's report and recommendation have been filed. Accordingly, the magistrate judge's report is hereby ADOPTED. It is further
ORDERED that defendant GuideOne's motion for partial summary judgment (Docket No. 11) is DENIED to the extent that it seeks to avoid liability for expenses incurred in extracting pollutants from First Baptist Mauriceville's land up to $10,000.00 per described premises, and is GRANTED in all other respects.
Whether First Baptist Mauriceville actually incurred or will incur expenses for extraction of pollutants is a separate issue to be determined at trial.