Exxonmobil Oil Corp. v. Nicoletti Oil, Inc.

MEMORANDUM DECISION ON DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT (Doc. 24)

OLIVER W. WANGER, District Judge.

I. INTRODUCTION

Plaintiff Exxonmobil Oil Corp. (“Plaintiff’) is proceeding with an action pursuant to the Resource Conservation and Recovery Act (42 U.S.C. § 6972(a)(1)(B)) against Defendants Nicoletti Oil, Inc., Dino J. Nicoletti, and John A. Nicoletti. In addition to asserting federal claims against Defendants, Plaintiff asserts several state law causes of action.

Plaintiff filed an original complaint against Defendants on August 24, 2009. (Doc. 1). Defendants filed a motion…