Hutchens v. United States

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This case is before the court on Defendant’s Motion To Strike or, in the Alternative, To Dismiss Plaintiffs’ Second Amended Complaint. Plaintiffs Hutchens and Arman filed their original complaint on April 6, 2009, and their first amended complaint on May 7, 2009. A second amended complaint was filed on behalf of Messrs. Hutchens and Arman and newly added plaintiff Iron Mountain Mines, Inc., on June 11, 2009. In their second amended complaint, plaintiffs allege that remedial actions of the United States Environmental Protection Agency (the “EPA”)…