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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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About 11 years ago are family corporation was destroyed.

Customer Question

Hi
About 11 years ago are family corporation was destroyed. We spent 700 hundred thousand dollars fighting Arco in montana federal court. We where sued by a company that was not even part of are contract. Name AERL LLC.
Too make a long story straight my father signed a 5 year contract with The Anaconda Minerals company back in 1983. It was to sell a waste left in place called Slag. The contract consisted of 43 million tons.
My father Dominic Difrancesco designed and built a slag plant right on the main slag pile in Anaconda MT in the contract terms he was given the land free of charge and paid 2.00 dollars a ton to Anaconda. The contract terms continued till 1999 when AREL sued RDM in Federal Court. The contract was under Montana law. We sued them in State court. This case was one sided we never had our day in court.
What my point I am getting too is my father developed the slag into a resource he was the only one after a hundred years of just sitting there along HWY 1. He invested all his profess and resources into are slag plant. Building a multi million dollar family business Invested 10 million dollars . We built a rail siding for shipping by rail and truck. My father saved the railroad brought jobs and tax revenue to Anaconda Montana after Arco shut its doors.
The reason my father felt investing was My father amended the 5 year contract through a series of questions asking for protection and Anaconda Minerls gave my father a clear road so every five years the contract was Renewed. Until ARCO saw it was a gold mine.
So My point I am trying to make this is a superfund sight under EPA under a rod.
Arco lawyers lied and lied and lied. Especially that RDM was not named a PRP
and ARCO was the only one named PRPs of the slag sights. This gave ARCO no control over the slag pile it was now under EPA. Being named a
Personally responsible parties to the clean up.of the slag was under the EPA. I have evidence that has ARCO bate numbers on thousand of documents prooving conspiracy collusion a complete detailed take over of my fathers intellectual property with judges, EPA, Anaconda deer lodge county , Montana state DeQ hand written notes in every detail of my fathers works in developing the slag into a resource. Stealing his works through the EPA asking for his input on how he came to developed a process of a waste by screening and drying the slag into different size sievings as a commodity for sandblasting and roofing granules. So the EPA gathering all his trade secrets bar coding his works together ARCO and the EPA and Arco together through letters memos faxes you name it it is all there in. Writing clear as day them working as a team. The EPA sating that the MAin slag pile can not be used for sandblasting so my father was forced into buying the slag pile at the Arbiter and mixed them together for sandblasting. The EPA and ARCO ran tests saying his product had to much arsenic in it. So my father went to the California air resource board and his product was certified he had a MsDS sheet
ARCO had none and was selling the slag at 2.00 dollars without a MSDS sheet gave one to my fathering 1990my father had one in 1982
ARCO comes up with one in 1990. And the tried to change it because it the arsinic and lead was so high you could never sell it. Once a MSDS sheet is written there is no changing it. It goes on and on through corruption after corruption.
Every federal judge had this case. Until a magistrate Carolyn s ostby took over in 2000 and then my father died in 2002 leaving the family business to my mother who ran the business with him since its inception.
Well afters 41/2 yearsthe case was docketed for jury trial in Februay 2005 but of course that never happened ARCO got a default judgment RDM never got any notice from ARCO that they ammeneded there complaint while the case was stayed. They ammeneded there fprevious one filed back in 2002 ignored by the court. Dockets entries on the rocketing sheets where deleted in favor of ARCO motion that the court ordered Arco to file and answer why they filed these motions . The where Deleted from the docket sheets. Numerous times under the juristriction of this magistrate
No signed isignatures by RDM under USC 28 636 agreeing to have a magistrate here our case . I have the proof . It state ACTION REQUIRED!!!! But low and behold there was an entry made on the docket sheet. The corruption through the clerks the judges ARCO lawyers controlled everything .
After the default judgment which ARCO filed numerous times she would deny in part and grant in part always leaving the door open for ARCO,to,renew a motion that was already denied many times .
So,ARCO got a wind fall permantent injunction and the take over of are 10 million dollar plant . You have to know that ARCO would had never sued if we owed creditors on our Slag Plant it was fully paid. ARCO did nothing with the slag pile for 11 years after the judgment the stole everything!,
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So there was already a court default judgment in this matter and the case was already decided, did you appeal the default or seek to get it vacated when it happened?
How long has it been since the judgment?
Has ARCO filed some new suit against you?
What is your specific question for us about this matter?
Customer: replied 2 years ago.
1.Seek to vacate judgment magistrate said shehas no jurisdiction to decide because it was on appeal denied a appeal bond judgment mandated permanent enjoined from plant took over without any notice of default
2. October 4, 2004
3. No
4. How do we find out if we have liens against our property?
Is the judgment renewable or can it still be used against us including permanent injunction
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
So, unfortunately, the judgement was rendered and this case is over and cannot be appealed any longer.
Was the judgment in federal or state court? A federal judgment is good for 20 years and then can be renewed by filing a motion to renew judgment. A MT state court judgment is good for 10 years and if they do not sue on the judgment within 10 years, then the judgment expires. See: Mont. Code Ann. § 27-2-201.
The permanent injunction is permanent and lasts forever, beyond any money judgment.
To find liens against your property, you have to go to the clerk's office where your property deeds are filed and look at the deed records, because that is where any liens have to be filed.
Customer: replied 2 years ago.
A federal judgment is good for 20 years ? I thought 10 in Montana then renewable after 10 ?
Can we sue the EPA for discrimination?
Can we sue ARCO under infringement laws?
Why wasn't there no writ of execution On our personal Property ?
What do you do when you have new evidence ?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Yes, a federal judgment is valid for 20 years.
I provided you the MT code about their judgments being good for only 10 years and they have to file suit on that judgment within 10 years to seek to get it extended (it is not renewed, but extended). See: Welch v. Huber (1993), 262 Mont. 114, 116, 862 P.2d 1180, 1181
I am afraid that any suit against EPA and Arco at this time is barred by the statute of limitations of 2 years for any property claims or 8 years for any breach of contract claims.
I do not know why they chose not to execute on your personal property other than maybe they believed it would cost them more to sell that property than they could get.
Unfortunately, if you have new evidence now, the only thing you can try is a motion to vacate in the court that issued the judgment and convince the court that this evidence was just discovered and could not have been discovered during the trial.
Customer: replied 2 years ago.
1. Can docket entries be deleted after they are numbered and logged in by the clerk?
2. My father died and Arco named the estate of Dominic and Evelyn. Difrancesco , is the judgment against the estate and Dominic band Evelyn difrancesco ?
3. Arco's ammended complaint only names RDM
but they added the estate of Dominic and Evelyn difrancesco in the judgment and on appeal is the judgment against are estate too and Dominic and Evelyn difrancesco?
4. My mother is still alive what does that mean?
Dominic estate was not represented by a lawyer
Judged asked Arxo lawyer if the estate needed to be represented and he said yes but it was without representation ?
5. We where named a Personally responsible party by EPA for the slag piles ARCO lied and said it was just them to the judge?
6. EPA put out an order and it states that no court will supersede this order directing the personally responsible parties responsibilities in the order RDM answered and sent there response to EPA it was approved Arco lied to the judge and said they where the only ones named as a PRP can we file a claim with The EPA ?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
1) Docket entries should not be deleted by the court, the docket entries are part of the public record.
2) The judgment would be against everyone, the estate, which includes the heirs, as well as Dominic and Evelyn.
3) Yes, the amended complaint adding RDM did not alter the other defendants and if the judgment was entered against the estate of etc, then it covers everyone as does the appeal.
4) If your mom was named, the judgment is against her as well, so they could seek to collect it against her personally as well as the estate. If they have not moved to do so in all this time, they likely have no interest in pursuing the money damages as they believe it will cost them more than they recover to do so.
5) It was up to the estate to have obtained legal representation in the case, if they failed to do so that is not grounds to vacate the case. Also, if you had evidence the EPA or ARCO lied, that had to be raised in the trial or on appeal.
6) If the order from the court is not proper based on the EPA order, you can file in court to make them modify the order to conform to the EPA order, but you would need to hire a local attorney to do so.
Customer: replied 2 years ago.
Your said you don't know why they did not excute on the personal property well they took over a multi million dollar plant got it for nothing while we invested millions of dollars that is why they lied about being the only ones named as a PRP
The judge asked dosnt the EPA order give you all you need as ARCO being the only named PRP by EPA giving you the the control of the slag rights.thats why ARCO wanted a permanent injunction to get the intullectual property rights
That is when she granted them a permanent injunction
ARCO lawyer said your honor we want the court record to show that when any looks it up the court record 30 years from now they will see RDM name not ARCOs and we will be in the clear . Written in transcripts
why do you need anything more they did not use our plant or the site for over 11 years now they have given are plant To US Minerals to use free
Under the EPA Rod anyone is allowed to develope the slag
Well My father did and it was stollen from him he is the author and the developer of this waste made it a resource and a product and now it has been stolen
What right dimes the United States have to use a court to steal ?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am afraid that your issue about this was something you had to raise on appeal. The US does not have the right to use the court's to steal, only to enforce laws and award damages. If the court did something improper, the place to raise that was in the appeals court case and if it was not done, it is too late now to fight this I am sorry to say as the case has been ended and decided.
Customer: replied 2 years ago.
1. Do we have any legal right to the EPA order that no court will supersede this order
2. This order is an administrated order it is ongoing till the slag pile is depleted
If the slag piles is a superfund site what right does ARCO have over it
3. ARCOs lawyers said they have no control over RDM do to the EPA under the Rod
Can we file are case with the EPA administrator judge ?
When a judgment is so sever that you are completely wiped out that it stretches beyond justice what can you do ?
What rights do you have being a developer ?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
1) If the court issued an order that contradicted the EPA order, then your only right is to file a motion in the court to conform their order to the EPA order.
2) EPA can allow ARCO to clear the sight, even if it is a superfund site and that is up to the EPA.
3) You can file a complaint to the EPA if ARCO is not abiding by the EPA Rod.
4) I am afraid that if the judgment was that severe, the only thing you could have done was appealed it. That is it.
Customer: replied 2 years ago.
You are saying that we had to raise this on appeal ?
Are appeal was that RDM did not answer a ammended complaint by ARCO
RDM was represented the judge allowed him to withdraw without notice to RDM because ARCO said so all in the transcript
ARCO and the judge had a hearing without RDM there the judge throughout the transcript is saying what can WE DO she had a personal interest in this case . Proven fact
Arcos ammended complaint was on Cercula law which anyone has an absolute right to answer and defend under Cercula law and EPA no matter what .
We had a right to get expert lawyer especially when it is about Cercula law you are being accused of not obeying that's the law ?
What rights do we have under EPA?
Customer: replied 2 years ago.
The judge said that RDM and ARCO had a settlement hearing in September of 2004 there was never a settlement hearing she write this in the paper
Customer: replied 2 years ago.
do we have any rights to file anything right now ?
Customer: replied 2 years ago.
if there are liens against are property what should we do
Customer: replied 2 years ago.
We do have another issue we own lots of property in Anaconda not only did we have a slag plant rail siding rail spur we having a complete bagging facility warehouses office building paint shops machinic shop truck loading docks with over head tanks for buljk bag and 10 pound bags umattic turcjs this is acrossthe street from our plant we have 15 acres we own a slag plié there too
We need someone to look at the cleanup on the property under the EPA rod
Do have anyone?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am sorry to say that based on the information you provided, it is too late to really do anything now except argue that the court's order does not comply with the EPA order and make them adjust the court order to comply with the EPA.
If there are liens on the property, you cannot get them removed until the judgments expire, so there is nothing to do. If the property is sold, the liens need to be paid off I am afraid.
I am sorry to say, I do not have anyone to direct you to anyone to do the clean up.