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Suez Water New York Inc. v. E.I. du Pont de Nemours and Co.

Dismissed Claims, Surviving Claim Interrelated, Arose From Single Harm, Sought Same Relief

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MEMORANDUM & ORDER Plaintiff Suez Water New York Inc. (“SUEZ” or “Plaintiff”) moves, pursuant to Federal Rule of Civil Procedure 54(b), for entry of partial final judgment. Dkt. No. 115. For the following reasons, the motion for entry of partial final judgment is denied. BACKGROUND Familiarity with the facts of the case and of the Court’s March 22, 2023 Opinion and Order is assumed. Dkt. No. 112. SUEZ operates public water systems that serve customers in five counties in New York State. Dkt. No. 95 (“Second Amended Complaint” or “SAC”) 4. SUEZ alleges various tort claims related to the contamination of its water systems by defendants E.I. du Pont de Nemours and Company, Inc. (“Old DuPont”) and The Chemours Company (“Chemours,” and together with Old DuPont, “Defendants”). The SAC alleges that Defendants manufactured Per-and polyfluoroalkyl substances (“PFAS”) and perfluorooctanoic acid (“PFOA”) and have sold PFOA, PFOA-containing materials, and PFAS-containing materials that degrade into PFOA to industrial manufacturers in New York State. See id.

9-11, 68, 81. The industrial manufacturers discharged these materials into SUEZ’s watershed by disposing the materials in landfill facilities, which in turn leached into SUEZ’s watershed, and through wastewater treatment facilities that were incapable of removing PFOA. Id.

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