NL Industries Inc. v. ACF Industries LLC

Civil Practice

New York Law Journal


Magistrate Judge Hugh B. Scott

Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, NL Industries sought—in a third amended complaint—cost recovery and/or contribution from the so-called Halliburton defendants, ACF Industries, Gould Electronics Inc. and others for contamination at the Buffalo Plant Superfund Site. An amended scheduling order required Halliburton's expert disclosure by Oct. 21, 2011. NL sought to amend its complaint to add American Premier Underwriters Inc. as a defendant. The proposed amendment sought only to add a successor of a former industrial operation at the Buffalo site as a defendant. The court granted leave to amend and treated Gould's motion to dismiss the third amended complaint as directed against NL's fourth amended complaint. However, it denied Halliburton's motion to reconsider the scheduling order's vacatur. The effect of that motion would be to create two discovery schedules. Halliburton failed to justify why its discovery should proceed separately from that of the other parties. The court noted that the creation of two sets of schedules was not the remedy for NL attempting to clarify any difficulties it might have with its expert disclosure.

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