ONR 5-3-2019

Orders/Minute Entries
May 3, 2019

On this date, the Court granted in part and denied in part Plaintiffs’ Motion for an Order Applying the Remediation Damages Formula Adopted by the Findings of Fact & Conclusions of Law Related to the June 9, 2015 Damages Hearing to the Claims of Former Owners of Affected Properties. The motion was granted to the extent the Plaintiffs’ Steering Committee sought to extend the remediation damages calculation to former owners who remediate their homes prior to relinquishing ownership of the property. The motion was denied in part and granted in part with respect to the former owners who did not remediate their homes prior to relinquishing ownership because the Court concluded that the remediation damage formula for these owners, when introduced into evidence, creates a rebuttable presumption of their diminution damage calculation.