United States District Court, W.D. Washington, Tacoma
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO
AMEND AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND DEFENDANT'S MOTION TO DISMISS AS MOOT
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Plaintiff Puget Soundkeeper
Alliance's (“PSA”) motion for leave to file a
second amended complaint, filed on September 25, 2017. Dkt.
46. Also stayed before the Court are (1) PSA's motion for
partial summary judgment, (2) APM Terminals Tacoma LLC's
(“APMT”) motion to dismiss, and (3) APMT's
motion to supplement the partial summary judgment record.
Dkts. 33, 49, 67. The Court has considered the pleadings
filed in support of and in opposition to the motions and the
remainder of the file and hereby grants the motion for leave
to amend for the reasons stated herein. The Court also denies
without prejudice the remaining motions.
January 9, 2017, PSA commenced this action by filing its
complaint against APMT. Dkt. 1. On February 21, 2017, PSA
filed an amended complaint as a matter of course. Dkt. 11. On
March 13, 2017, APMT filed its answer. Dkt. 12.
16, 2017, the Court entered a temporary stay pending the
resolution of proceedings before the Washington Pollution
Control Hearings Board (“PCHB”) regarding
APMT's permits and the appropriate level of pollutants
that APMT may discharge. Dkt. 23. On August 9, 2017, the
Court lifted the stay after the PCHB rendered its decision.
the parties filed and briefed the following motions:
PSA's Motion for Partial Summary Judgment
September 7, 2017, PSA filed its motion for partial summary
judgment. Dkt. 33. On October 2, 2017, APMT responded to
PSA's motion for partial summary judgment. Dkt. 52. On
October 6, 2017, PSA replied. Dkt. 57. On October 11, 2017,
APMT filed a surreply and request to strike information in
PSA's reply. Dkt. 62.
October 17, 2017, APMT moved to supplement the record for
consideration of Plaintiff's motion for partial summary
judgment. Dkt. 67. On October 18, 2017, PSA responded to
APMT's motion to supplement. Dkt. 69.
PSA's Motion for Leave to File a Second Amended
September 25, 2017, PSA filed a motion for leave to file a
second amended complaint. Dkt. 46. On October 10, 2017
Defendant APMT responded to PSA's motion for leave to
file a second amended complaint. Dkt. 59. On October 13,
2017, PSA replied. Dkt. 63.
APMT's Motion to Dismiss
September 28, 2017, APMT filed its motion to dismiss the
first amended complaint. Dkt. 49. On October 18, 2017, PSA
responded to APMT's motion to dismiss. Dkt. 65. On
October 20, 2017, APMT replied. Dkt. 70.