Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Federal Resources Corp.

United States District Court, D. Idaho

January 12, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
FEDERAL RESOURCES CORPORATION; BLUM REAL ESTATE TRUST; BENTLEY J. BLUM, personally and in his capacity as Trustee of the Blum Real Estate Trust; and CAMP BIRD COLORADO, INC., Defendants. FEDERAL RESOURCES CORPORATION, Counter-Claimant,
v.
UNITED STATES OF AMERICA, Counter-Defendant

Foe United States of America, Plaintiff: Amanda Shafer Berman, LEAD ATTORNEY, United States Department of Justice, Washington, DC; David L Dain, Elizabeth Louise Loeb, LEAD ATTORNEYS, U.S. DEPT OF JUSTICE, Washington, DC; Syrena Case Hargrove, LEAD ATTORNEY, Amy S Howe, U.S. Attorney's Office, Boise, ID; Katherine L Matthews, U.S. DEPARTMENT OF JUSTICE, Denver, CO.

For Caldera Mineral Resources, LLC, Intervenor Plaintiff: Steven B Andersen, LEAD ATTORNEY, Andersen Banducci PLLC, Boise, ID.

For Blum Real Estate Trust, Bentley J Blum, Trustee of the Blum Real Estate Trust, Defendants: Gregg M Rosen, LEAD ATTORNEY, PRO HAC VICE, McGuire Woods LLP, Pittsburgh, PA; Michael E Ramsden, LEAD ATTORNEY, RAMSDEN & LYONS, Coeur d'Alene, ID.

For Minnie Moore Resources, Inc., Defendant: Thomas E Dvorak, LEAD ATTORNEY, GIVENS PURSLEY, Boise, ID.

For Camp Bird Colorado, Inc., Defendant: Andrew V Hardenbrook, David E Leta, LEAD ATTORNEYS, PRO HAC VICE, Snell & Wilmer LLP, Salt Lake City, UT; Michael E Ramsden, LEAD ATTORNEY, RAMSDEN & LYONS, Coeur d'Alene, ID; Timothy J Dance, LEAD ATTORNEY, Snell & Wilmer LLP, Salt Lake City, UT.

For Federal Resources Corporation, ThirdParty Plaintiff: Andrew V Hardenbrook, David E Leta, LEAD ATTORNEYS, PRO HAC VICE, Snell & Wilmer LLP, Salt Lake City, UT.

For Federal Resources Corporation, Counter Claimant: Andrew V Hardenbrook, David E Leta, LEAD ATTORNEYS, PRO HAC VICE, Snell & Wilmer LLP, Salt Lake City, UT; Stanley J Tharp, LEAD ATTORNEY, EBERLE BERLIN KADING TURNBOW & MCKLVEEN, Boise, ID.

For United States of America, Counter Defendant: Amanda Shafer Berman, LEAD ATTORNEY, United States Department of Justice, Washington, DC; Syrena Case Hargrove, LEAD ATTORNEY, U.S. Attorney's Office, Boise, ID; Katherine L Matthews, U.S. DEPARTMENT OF JUSTICE, Denver, CO.

For Chester Mining Company, Counter Claimant: Thomas M Vasseur, LEAD ATTORNEY, VASSEUR & SCHLOTTHAUER, PLLC, Coeur d'Alene, ID.

For United States of America, Counter Defendant: Syrena Case Hargrove, LEAD ATTORNEY, U.S. Attorney's Office, Boise, ID; Katherine L Matthews, U.S. DEPARTMENT OF JUSTICE, Denver, CO; Matthew B Henjum, U.S. Dept of Justice, Washington, DC.

For The Coeur d'Alenes Company, ThirdParty Defendant: Kevin J Beaton, LEAD ATTORNEY, Stoel Rives LLP, Boise, ID; William C Pooser, LEAD ATTORNEY, STOEL RIVES, Boise, ID.

For Federal Resources Corporation, Counter Claimant: Andrew V Hardenbrook, David E Leta, Timothy J Dance, LEAD ATTORNEYS, PRO HAC VICE, Snell & Wilmer LLP, Salt Lake City, UT; Stanley J Tharp, EBERLE BERLIN KADING TURNBOW & MCKLVEEN, Boise, ID.

For United States of America, Counter Defendant: Syrena Case Hargrove, LEAD ATTORNEY, U.S. Attorney's Office, Boise, ID; Katherine L Matthews, U.S. DEPARTMENT OF JUSTICE, Denver, CO.

ORDER DIRECTING ENTRY OF FINAL JUDGMENT

RICHARD C. TALLMAN, United States Circuit Judge.

This suit arises out of an environmental cleanup recovery action brought by the United States under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (" CERCLA"). 42 U.S.C. § 9607 (2012). The United States brought this action against Defendants Federal Resources Corporation (" FRC"), Camp Bird Colorado, Inc. (" CBCI"), the Blum Real Estate Trust (" Blum Trust"), and Bentley J. Blum (" Blum") seeking recovery of funds incurred for cleaning up hazardous waste at two mine sites in Idaho, the Conjecture Mine in Bonner County and the Minnie Moore Mine in Blaine County. The Court previously ruled on liability and damages in a memorandum decision granting summary judgment in favor of the United States, which was filed on July 14, 2014. See Dkt. 313; United States v. Fed. Res. Corp., No. 2:11-cv-00127-BLW-RCT, F.Supp.2d, 2014 WL 3400477 (D. Idaho July 14, 2014). The Court also granted the United States' veil-piercing and Federal Debt Collection Procedures Act (" FDCPA"), 28 U.S.C. § 3304(a)(2) (2012), claims. Id.

The United States did not move for summary judgment on its attorneys fees claim, and this Court denied the Government's request to certify the July 14, 2014, decision as a final judgment under Rule 54(b) of the Federal Rules of Civil Procedure because the attorneys fees were not severable from the rest of the United States' CERCLA claims. Dkt. 323. Ultimately, on December 23, 2014, the United States withdrew its sole remaining claim for attorneys fees with prejudice and requested entry of final judgment. See Dkt. 345. Before this Court was able to do so, Defendants FRC and CBCI filed for bankruptcy in the District of Utah. See Dkts. 348, 349; In re Fed. Res. Corp., No. 14-33427 (Bankr. D. Utah); In re Camp Bird Colorado, Inc., No. 14-22428 (Bankr. D. Utah).

During a telephonic status conference held with all parties' counsel on December 31, 2014, the Court asked for briefing as to what, if any, action it could take in light of the bankruptcy filings by some, but not all, of the parties to the present action. Snell & Wilmer, L.L.P., counsel for the debtor corporations, entered a special appearance and filed pleadings urging the Court to do nothing further. Dkt. 358. Counsel for Blum and Blum Trust joined in that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.