This is a cost recovery action against the corporation and the property, in rem. Also, EPA is seeking penalties for failure to respond to a 104(e) information request letter. On February 8, 2006, U.S Magistrate issued a Memorandum Decision and Order granting the United States' motion for summary judgment. In the Order, the Court ordered the Adirondack Steel Site property sold. This step has not been taken with permission of the Court because the State of New York is performing a remedial investigation. The Court also found Mr. Stone liable under Section 104(e) of CERCLA for failing to answer an information request from EPA. The amount of the penalty has not been determined pending a determination on ability to pay of Mr. Stone. Currently, there is a partial judgment in this case for cost recovery.