DECISION AND ORDER This is an action arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§9601-9675 (CERCLA) and New York common law. Plaintiffs New York State, New York State Department of Environmental Conservation (DEC), and Basil Seggos, as Commissioner of the DEC (collectively, Plaintiffs) filed a complaint on February 2, 2018, against American Locker Group Inc. (American Locker) and Edward Ruttenberg. Dkt. 1. Plaintiffs moved for final judgment by default. Dkt. 13. Plaintiffs did not serve or otherwise proceed against Defendant Ruttenberg, and have asked the Court to dismiss all proceedings against him. Dkt. 13-1, at 2. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs’ claims against Ruttenberg are dismissed without prejudice. In contrast, pursuant to New York Business Corporation Law §306, Plaintiffs served American Locker on February 8, 2018, through the New York Secretary of State. Dkt. 7. The Clerk of the Court entered default as to American Locker on August 6, 2018. Dkt. 11. American Locker has failed to appear, answer, or otherwise respond to the complaint. This Court hereby grants, in part, and denies, in part, Plaintiffs’ Motion for Final Judgment by Default (Dkt. 13). The Court enters default judgment with regard to liability and grants Plaintiffs declaratory relief, but requires a hearing to ascertain the amount of damages to which Plaintiffs are entitled. BACKGROUND According to the complaint, Plaintiffs seek to recover past and future costs incurred “in responding to the release…of hazardous substances into the environment at and from the premises located at One Industrial Place, Gowanda, New York” (the “Site”). Dkt. 1 1; Dkt. 13-1 6. The Site is approximately 1.75 acres of industrial/commercial enterprises and structures. Dkt. 1 22. Adjacent to the Site are residential properties to the north, Thatcher Creek to the east, and Cattaraugus Creek to the west. Id. 23. American Locker owned the Site between 1967 and 1979.1 Dkt. 1
25, 36. American Locker used the Site as a metal stamping and machine shop. Id. 28. The metal stamping process involved the processing, grinding, and storage of certain metals and scrap metal. Id. The process also involved the use of cleaning solvents, such as degreasers, that were spilled, leaked, or disposed of onto the Site during the metal stamping process. Id.
