Brown et al v. Saint-Gobain Performance Plastics Corporation et al
| Brown, Christopher Blundon, Adam W. Dyer and Kevin Brown |
| Saint-Gobain Performance Plastics Corporation, John 1-5 Doe and Gwenael Busnel |
| 1:2016cv00243 |
| June 10, 2016 |
| US District Court for the District of New Hampshire |
| Concord Office |
| Joseph N Laplante |
| Torts to Land |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 16-cv-243-JL is consolidated into 16-cv-242-JL. 16-cv-243-JL is STATISTICALLY CLOSED. Civil Case Terminated. (cmp) |
Filing 36
ORDER denying #17 Motion to Remand to State Court. The court consolidates these actions (16-cv-243-JL and 16-cv-242-JL), though remains open to discussions as outlined. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
|
ENDORSED ORDER mooting #27 Motion to Extend Time to Object to Consolidation. Text of Order: Moot. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
| Filing 35 Potential CONSOLIDATION ORDER. Cases 1:16-cv-242-JL; 1:16-cv-243-JL; 1:16-cv-467-JD reference each other as related cases and may be consolidated. ORDER Signed by Meg Cahill, Deputy Clerk. Objections to Consolidation due 12/19/2016.(mc) |
| Minute Entry for proceedings held before Chief Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 10/17/2016. Written order to issue (Pltfs Atty: Paul M. DeCarolis, Esq., Kevin Scott Hannon, Esq.) (Defts Atty: Mark Cheffo, Esq., Patrick Curran, Esq., Nicholas Casalaro, Esq.)(Total Hearing Time: 10 minutes) (cmp) |
| NOTICE of Hearing. Telephone Conference set for 10/17/2016 at 03:00 PM before Chief Judge Joseph N. Laplante. The court will initiate the call.(jb) |
|
ENDORSED ORDER re #17 Motion to Remand to State Court. Text of Order: Having reviewed the parties' supplemental briefing (document nos. 33 and 34), and in light of prior, similar actions against defendant Saint-Gobain filed in New York and Vermont within the last 3 years, the court concludes that plaintiffs have not met their burden of establishing the applicability of the local-controversy exception to this court's jurisdiction over this case under the Class Action Fairness Act, see 28 U.S.C. 1332(d)(4)(A)(II), and accordingly is inclined to deny the plaintiffs' motion to remand (document no. 17). Before it does so, however, counsel shall confer and schedule a telephone conference with the court to occur on or before October 18, 2016. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
| Filing 34 MEMORANDUM in Support re #17 MOTION to Remand to State Court filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. (Attachments: #1 Appendix V Copy of Complaint)(DeCarolis, Paul) |
| Filing 33 Defendants' Supplemental Authority Memorandum by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation(Felmly, Bruce) |
| Minute Entry for proceedings held before Chief Judge Joseph N. Laplante. MOTION HEARING held on 9/27/2016 re #17 MOTION to Remand to State Court .Supplemental Notice re: authority due by October 7, 2016. (Court Reporter: Liza Dubois) (Pltfs Atty: Paul M. DeCarolis, Esq., Kevin Scott Hannon, Esq.) (Defts Atty: Mark Cheffo, Esq., Bruce Felmly, Esq., Patrick Curran, Esq., Nicholas Casalaro, Esq.)(Total Hearing Time: 1 hour 15 minutes) (cmp) |
| HEARING NOTICE re: #17 MOTION to Remand to State Court. Motion Hearing set for 9/27/2016 at 10:00 AM before Chief Judge Joseph N. Laplante.(jb) |
| NOTICE OF CANCELLATION OF HEARING: Hearing on #17 Motion to Remand to State Court scheduled for 09/27/2016 at 10:00 am is CANCELLED. To be rescheduled pursuant to 9/21/2016 Order. (jb) |
|
ORDER re September 27, 2016 motion hearing on #17 Motion to Remand to State Court. Although the court has undertaken active consideration of the pending motion(s), it is necessary to reschedule the September 27, 2016, hearing in the above matter. In order to minimize the inconvenience to counsel caused by this rescheduling, counsel shall confer on available dates occurring on or after October 11, 2016, and jointly arrange for a new hearing date with the Deputy Clerk. The court apologizes for any inconvenience. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
| Filing 32 RESPONSE re #31 Objection to Consolidation filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. (Felmly, Bruce) |
| Filing 31 Objection to #12 Consolidation Order, filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. (DeCarolis, Paul) |
| HEARING NOTICE re: #17 MOTION to Remand to State Court ORAL ARGUMENT on Motion - Hearing set for 9/27/2016 at 10:00 AM before Chief Judge Joseph N. Laplante.(cmp) Modified on 8/12/2016 to add: (cmp).The parties shall confer, and, if neither party desires oral argument, they shall jointly notify the court (email or telephone is sufficient) and the court will consider foregoing oral argument and deciding the motion on the parties' written filings. |
| Filing 30 REPLY to Objection to Motion re #27 MOTION to Extend Time to Object to Consolidation filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. (DeCarolis, Paul) |
| Filing 29 OBJECTION to #27 MOTION to Extend Time to Object to Consolidation filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. (Felmly, Bruce) |
| Filing 28 SURREPLY to Reply to #17 MOTION to Remand to State Court filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. (Attachments: #1 Appendix A, #2 Appendix B)(Felmly, Bruce) |
| Filing 27 MOTION to Extend Time to Object to Consolidation filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. Follow up on Objection on 8/22/2016.(DeCarolis, Paul) |
|
ENDORSED ORDER taking under advisement #27 Motion to Extend Time to Object to Consolidation. Text of Order: Defendants' shall file their objection(s), if any, on or before August 10, 2016. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
|
ENDORSED ORDER granting #25 Motion to Exceed Page limit. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
|
| Filing 26 REPLY to Objection to Motion re #17 MOTION to Remand to State Court filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Affidavit in Support)(DeCarolis, Paul) |
| Filing 25 Assented to MOTION to Exceed Page limit filed by Christopher Blundon, Kevin Brown, Adam W. Dyer.(DeCarolis, Paul) |
|
ENDORSED ORDER re #24 Notice of Intent to Reply to #17 Motion to Remand to State Court. Text of Order: In accordance with this particular court's customary approach to reply/surreply practice, the court will accept the reply no later than August 1, 2016, and grants leave to file (but does not require) a surreply, which will be accepted no later than August 8, 2016. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
| Filing 24 Notice of Intent to Reply to Objection to #17 MOTION to Remand to State Court . Follow up on Reply on 8/12/2016.(DeCarolis, Paul) |
| Filing 23 OBJECTION to #17 MOTION to Remand to State Court filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. (Attachments: #1 Memorandum of Law)(Felmly, Bruce) |
| Filing 22 ANSWER to Complaint with jury demand (Defendants' Answer and Affirmative Defenses to Second Amended Complaint and Request for Jury Trial) filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation.(Felmly, Bruce) |
| Filing 21 NOTICE of Attorney Appearance by Nicholas F. Casolaro on behalf of Gwenael Busnel, Saint-Gobain Performance Plastics Corporation Attorney Nicholas F. Casolaro added to party Gwenael Busnel(pty:dft), Attorney Nicholas F. Casolaro added to party Saint-Gobain Performance Plastics Corporation(pty:dft).(Casolaro, Nicholas) |
| Filing 20 NOTICE of Attorney Appearance by Bruce W. Felmly on behalf of Gwenael Busnel, Saint-Gobain Performance Plastics Corporation Attorney Bruce W. Felmly added to party Gwenael Busnel(pty:dft), Attorney Bruce W. Felmly added to party Saint-Gobain Performance Plastics Corporation(pty:dft).(Felmly, Bruce) |
| Filing 19 NOTICE of Attorney Withdrawal by Robert B. Fawley on behalf of Gwenael Busnel, Saint-Gobain Performance Plastics Corporation(Fawley, Robert) |
| Filing 18 NOTICE of Attorney Withdrawal by Merritt Schnipper on behalf of Gwenael Busnel, Saint-Gobain Performance Plastics Corporation(Schnipper, Merritt) |
|
ORDER re Pretrial Conference scheduled for 07/19/2016. The pretrial conference is CANCELLED and will be rescheduled after resolution of the pending Motion to Remand to State Court (document no. #17 ). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Chief Judge Joseph N. Laplante.(jb)
|
|
ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Kevin Scott Hannon complete an online ECF Registration Form within 10 days. So Ordered by Chief Judge Joseph N. Laplante. ECF Registration Deadline set for 7/25/2016.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
|
| Filing 17 MOTION to Remand to State Court filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. Follow up on Objection on 7/28/2016. (Attachments: #1 Memorandum of Law, #2 Appendix Index: Table of Contents, #3 Appendix A: Map, #4 Appendix B: Health Article, #5 Appendix C: Thyroid Article, #6 Appendix D: Letter from Vermont DEC, #7 Appendix E: Memo from VT DEC, #8 Appendix F: 2002 Memo from Vt DEC, #9 Appendix G: 2002 Letter from Saint-Gobain, #10 Appendix H: Bennington Banner Article, #11 Appendix I: DES Press Release, #12 Appendix J: Linked-In Profile, #13 Appendix K: Description of Plant Manager, #14 Appendix L: Busnel Letter to DES, #15 Appendix M: 2014 email, #16 Appendix N: 2015 Request fro Minir Permit Amendment, #17 Appendix O: Discharge Permit Application, #18 Appendix P: Monitoring Reports, #19 Appendix Q: 2011 Coating Usage Table 4, #20 Appendix R: Emissions Inventory, #21 Appendix S: Complaint Summary, #22 Appendix T: Cabinet Press Article, #23 Appendix U: EPA Submission)(DeCarolis, Paul) |
| Filing 16 AMENDED COMPLAINT against All Plaintiffs with jury demand filed by Kevin Brown, Adam W. Dyer, Christopher Blundon.(DeCarolis, Paul) |
| Filing 15 Assented to MOTION for Kevin Hannon to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1387243.) filed by Christopher Blundon, Kevin Brown, Adam W. Dyer. (Attachments: #1 Exhibit (Affidavit) Affidavit of Attorney Hannon)(DeCarolis, Paul) |
| Filing 14 Certified Copies of State Court Record. State Court Case No. 226-2016-CV-253, Hillsborough County Superior Court(Schnipper, Merritt) |
| Filing 13 Certified Copies of State Court Record. State Court Case No. 16-cv-252, Hillsborough County Superior Court(Schnipper, Merritt) |
| NOTICE OF PRETRIAL CONFERENCE. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. Pretrial Conference set for 7/19/2016 10:00 AM before Chief Judge Joseph N. Laplante. Follow up on Discovery Plan 7/12/2016. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(cmp) |
|
ENDORSED ORDER granting #7 Motion for Mark Cheffo to Appear Pro Hac Vice; granting #8 Motion for Dougle E. Fleming, III, to Appear Pro Hac Vice; granting #9 Motion for Patrick Curran to Appear Pro Hac Vice; granting #10 Motion for Sheila L. Birnbaum to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
|
|
ENDORSED ORDER granting #6 Motion for R. Bradford Fawly to Appear Pro Hac Vice. Text of Order: Granted on the condition that R. Bradford Fawley complete an online ECF Registration Form within 10 days. So Ordered by Chief Judge Joseph N. Laplante. ECF Registration Deadline set for 7/11/2016.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
|
| Filing 12 Potential CONSOLIDATION ORDER. Cases 1:16-cv-242-JL and 1:16-cv-243-JL reference each other as related cases and may be consolidated. ORDER Signed by Deputy Clerk Lianne Lavigne. Objections to Consolidation due 8/8/2016.(lml) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(de) |
| Filing 11 NOTICE of Concurrence on Motions to Appear Pro Hac Vice by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation.(Schnipper, Merritt) |
| Notice of ASSENT by Paul DeCarolis as to #8 MOTION for Douglas E. Fleming, III to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378897.), #7 MOTION for Mark Cheffo to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378896.), #10 MOTION for Sheila L. Birnbaum to Appear Pro Hac Vice (No fee paid, IFP or US Attorney), #9 MOTION for Patrick Curran to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378898.), #6 MOTION for R. Bradford Fawley to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378888.).(Schnipper, Merritt) |
| Filing 10 MOTION for Sheila L. Birnbaum to Appear Pro Hac Vice (receipt #0102-1379976, $100.00) filed by Gwenael Busnel, John 1-5 Doe, Saint-Gobain Performance Plastics Corporation. Attorney Merritt Schnipper added to party John 1-5 Doe(pty:dft). Follow up on Objection on 7/5/2016. (Attachments: #1 PHV Affidavit of Sheila L. Birnbaum)(Schnipper, Merritt) Modified on 6/20/2016 to add: receipt #(de). |
| Filing 9 MOTION for Patrick Curran to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378898.) filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. Follow up on Objection on 6/30/2016. (Attachments: #1 Exhibit (Affidavit) Patrick Curran)(Schnipper, Merritt) |
| Filing 8 MOTION for Douglas E. Fleming, III to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378897.) filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. Follow up on Objection on 6/30/2016. (Attachments: #1 Exhibit (Affidavit) Douglas E. Fleming)(Schnipper, Merritt) |
| Filing 7 MOTION for Mark Cheffo to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378896.) filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. Follow up on Objection on 6/30/2016. (Attachments: #1 Exhibit (Affidavit) Mark Cheffo)(Schnipper, Merritt) |
| Filing 6 MOTION for R. Bradford Fawley to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1378888.) filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation. Follow up on Objection on 6/30/2016. (Attachments: #1 Exhibit (Affidavit) R. Bradford Fawley)(Schnipper, Merritt) |
| Filing 5 CERTIFICATE OF SERVICE by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation re: #2 Notice of Attorney Appearance, #3 Answer to Complaint, #4 Disclosure Statement, #1 Notice of Removal - New Case, (Schnipper, Merritt) |
| Case assigned to Chief Judge Joseph N. Laplante. The case designation is: 1:16-cv-243-JL. Please show this number with the judge designation on all future pleadings. (de) |
| Filing 4 Disclosure Statement by Saint-Gobain Performance Plastics Corporation disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Schnipper, Merritt) |
| Filing 3 ANSWER to Complaint filed by Gwenael Busnel, Saint-Gobain Performance Plastics Corporation.(Schnipper, Merritt) |
| Filing 2 NOTICE of Attorney Appearance by Merritt Schnipper on behalf of Gwenael Busnel, Saint-Gobain Performance Plastics Corporation (Schnipper, Merritt) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County Superior Court - SD, case number 226-2016-CV-00253 (filing fee $400, receipt number 0102-1378299) filed by Saint-Gobain Performance Plastics Corporation, Gwenael Busnel. State Court Record Follow Up 6/27/2016. (Attachments: #1 Original and Amended Summons and Complaint, #2 Notice of Removal to Counsel, #3 Notice of Removal to State Court Clerk, #4 Civil Cover Sheet)(Schnipper, Merritt). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Hampshire District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
