Mathis v. Velsicol Chemical Corp.

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on counter-claimant’s Motion for Partial Judgment on the Pleadings and Motion to Strike. Counter-claimant (“Velsicol”) has filed this combined Motion under Federal Rule of Civil Procedure 12(c), 12(f) and 12(h). Velsicol wants this Court to determine, as a matter of law, that Plaintiffs are “liable” persons under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) § 107(a), 42 U.S.C. § 9607(a). Velsicol also moves this Court under Rule 12(f) to strike some of Plaintiffs’ affirmative…