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.

Puget Soundkeeper Alliance v. APM Terminals Tacoma LLC

United States District Court, W.D. Washington, Tacoma

November 27, 2017

PUGET SOUNDKEEPER ALLIANCE, Plaintiff,
v.
APM TERMINALS TACOMA LLC, Defendant.

          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.

         This 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.

         I. BACKGROUND

         On 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.

         On May 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. Dkt. 30.

         Subsequently, the parties filed and briefed the following motions:

         A. PSA's Motion for Partial Summary Judgment

         On 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.

         On 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.

         B. PSA's Motion for Leave to File a Second Amended Complaint

         On 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.

         C. APMT's Motion to Dismiss

         On 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.

         D. ...


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.