Garrett Day LLC et al v. International Paper Company et al
| Garrett Day LLC and Ohio Development Services Agency |
| International Paper Company, Neenah Paper, Inc., Aetna Paper Company, Badger Paper Mills, Inc., BPM Paper, Inc., Brownfield Charities, Inc., Champion International Corp., Cross Pointe Paper Corporation, Dayton Paper Corporation, Fraser Papers, Inc., Fox River Paper Company, Fox River Paper Sales Company, Fox Valley Corporation, Harrison Holdings, L.P., Howard Paper Mills, Inc., HPM Investors, Inc., HPP, Inc., St. Regis Paper Company, Twin Rivers Paper Company, Inc. and Warrior River Paper Company, Inc. |
| 3:2015cv00036 |
| January 30, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Environmental Matters |
| 42 U.S.C. ยง 9607 |
| Plaintiff |
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Filing
363
ORDER DISMISSING CASE; TERMINATION ENTRY - The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provi ded that any of the parties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Parties intending to preserve this Court' s jurisdiction to enforce the settlement should be aware of Kokkonen v. Guar dian Life Ins. Co. of America, 114 S.Ct. 1673 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement between the parties, if necessary. Signed by Judge Walter H. Rice on 12/22/2021. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
343
DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION FOR RECONSIDERATION (DOC. # 342 ); VACATING JUNE 30, 2021, NOTATION ORDER; REINSTATING DEFENDANT'S MOTION FOR LEAVE TO FILE SURREPLY (DOC. # 339 ) AS A PENDING MOTION; PLAINTIFFS MAY FILE SUP PLEMENTAL MEMORANDUM WITHIN 14 DAYS OF THE DATE OF THIS DECISION AND ENTRY; DEFENDANT MAY FILE REPLY WITHIN 14 DAYS THEREAFTER. Signed by Judge Walter H. Rice on 7/28/2021. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
341
ORDER SETTING CONFERENCE CALL TO SCHEDULE DATE FOR DAUBERT HEARING - The Court has reviewed Plaintiffs' Motion to Exclude International Paper Company's Expert Witness, Doc. # 319 , and Defendant International Paper Company's Motion to Exclude the Testimony of Plaintiffs' Expert Witnesses, Ronald St. John and Thomas Shalala, Doc. # 320 . The Court finds that a Daubert hearing is necessary on the limited question of whether Mr. St. John and Mr. Shalala are qualified by me ans of specialized knowledge, skill, experience, training or education to opine about the environmental impact of papermaking operations or power generating equipment used at the Howard Paper Mill site. See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). The Court will hold a conference call on July 21, 2021, at 4:00 p.m., to set a date for said Daubert hearing. Signed by Judge Walter H. Rice on 07/08/2021. (bjr)
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Filing
334
ORDER - This matter came before the Court on Defendant International Paper Company's Unopposed Motion for Extension and to Exceed Page Limitations ("Motion"). For good cause shown, Defendant's Motion is GRANTED. It is therefo re ORDERED that Defendant International Paper Company will have through Friday, May 14, 2021 to respond to Plaintiffs Garrett Day LLC and Ohio Development Services Agency's (" Plaintiffs"') motion for summary judgment, and th at Plaintiffs shall have through Friday, June 4, 2021 to file a reply in response. Fu1thermore, the Parties are hereby given leave to exceed the twenty-page limitation for these filings. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 5/7/2021. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
272
ORDER SETTING FORTH PROCEDURES REGARDING EXPERT WITNESS DEPOSITIONS- As discussed during the conference call held on April 30, 2019, the Court establishes the following procedures concerning Defendants' request to re-deposePlaintiffs' exper t witnesses, Ronald St. John and Thomas Shalala: No later than May 8, 2019, counsel for Defendants shall file a one-page summary of its position on this issue, with appropriate citations to the deposition transcripts of record and attaching email co rrespondence between counsel; and No later than May 16, 2019, counsel for Plaintiffs shall file a one-page response, with appropriate citations to the deposition transcripts of record and attaching email correspondence between counsel. As further di scussed during the conference call, given the settlement in principle between Plaintiffs and the Neenah/Fox River Defendants, the Neenah/Fox River Defendants need not respond to Plaintiffs' Amended Request for Admissions. Signed by Judge Walter H. Rice on 5/1/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
262
ORDER VACATING SHOW CAUSE ORDER (DOC. # 260 ); OVERRULING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS HPP, INC., HPM INVESTORS, INC., AND HARRISON HOLDINGS LIMITED PARTNERSHIP IN ITS ENTIRETY (DOC. # 206 ). Signed by Judge Walter H. Rice on 4/9/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
260
DECISION AND ENTRY SUSTAINING MOTION FOR SUMMARY JUDGMENT OF DEFENDANT BROWNFIELD CHARITIES, INC. (DOC. # 214 ); OVERRULING WITHOUT PREJUDICE DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOCS. ## 206 , 213 , 221 ), TO THE EXTENT THAT THEY ARE BA SED ON PLAINTIFFS' ALLEGED FAILURE TO PRESENT EVIDENCE THAT HAZARDOUS SUBSTANCES WERE DISPOSED OF OR RELEASED AT THE SITE DURING DEFENDANTS' OWNERSHIP OR OPERATION; OVERRULING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS HPP, INC., HPM INVESTO RS, INC., AND HARRISON HOLDINGS LIMITED PARTNERSHIP WITH RESPECT TO THE CERCLA CLAIM, AND DIRECTING PLAINTIFFS TO SHOW CAUSE WITHIN 14 DAYS WHY THE COURT SHOULD NOT SUSTAIN THE HPP DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE OHIO VAP CLAIM (D OC. # 206 ); SUSTAINING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS FOX VALLEY CORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH, INC., AS IT RELATES TO SUCCESSOR LIABILITY (DOC. # 213 ); OVERRULING DEFENDANT INTERNATIONAL PAPER COMPANY'S MOTION FOR SUMMARY JUDGMENT ON FACTS (DOC. # 221 ); OVERRULING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR LEAVE (DOC. # 250 ); PLAINTIFFS TO SERVE AMENDED REQUESTS FOR ADMISSION BY APRIL 15, 2019; COUNSEL TO SUBMIT JOINT REV ISED RULE 26(f) REPORT BY APRIL 22, 2019; CONFERENCE CALL SET FOR APRIL 30, 2019, AT 5:00 P.M. Signed by Judge Walter H. Rice on 3/25/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
254
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART MOTION TO STAY DISCOVERY PENDING RESOLUTION OF THE HPP DEFENDANTS' MOTION FOR SUMMARY JUDGMENT(DOC. # 249 ) AND DEFENDANTS' JOINT MOTION FOR STAY PENDING RULINGS ON MOTIONS FOR SU MMARY JUDGMENT ON FACTS (DOC. # 252 ); RESERVING RULING ON PLAINTIFFS'MOTION FOR LEAVE TO SEEK IN EXCESS OF FORTY REQUESTS FOR ADMISSION (DOC. # 250 ). Signed by Judge Walter H. Rice on 10/29/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
204
ORDER granting 203 Joint Motion to Bifurcate and Adjudication of Plaintiffs' Claims for Attorney Fees and Costs. Signed by Judge Walter H. Rice on 6/5/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
198
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINES- This matter is before the Comt on the Plaintiffs' Unopposed Motion for Extension of Discovery Deadlines. Having found the Motion to be well-taken and for goo d cause, the Motion is GRANTED, therefore: IT IS HEREBY ORDERED, that the Preliminary Pretrial Conference Order is amended as follows: 9. The dates to reveal the identity of expe1t witnesses: Plaintiffs to Defendants 6/5/2018;Defendants to Plaintiffs 7/20/2018; Rebuttal Experts 8/20/2018; 10. Request for admissions: 9/11/2018; 11. Cut-off deadline for discovery: Fact 5/14/2018;Expe1t 9/18/2018; 13. Cut-off date for filing of motions for summary judgment:Expert 11/13/2018; On Facts 7/2/2018; Daubert Motions 10/19/2018. Signed by Judge Walter H. Rice on 1/31/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
192
ORDER OF REFERENCE - Pursuant to 28 U.S.C. §636(b )( I )(A),(B), and(C), and §636(b )(3 ), the above-captioned action is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator.Signed by Judge Walter H. Rice on 1/8/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
191
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 189 ); OVERRULING MOTION TO DISMISS OF DEFENDANTS HPP, INC., HARRISON HOLDINGS LIMITED PARTNERSHIP, AND HPM INVESTORS, INC., PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) AND 12(c) (DOC. # 177 ). Signed by Judge Walter H. Rice on 11/30/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
189
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: The HPP Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(c) be DENIED. Objections to R&R due by 11/29/2017. Signed by Magistrate Judge Sharon L. Ovington on 11/15/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
161
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART: (1) MOTION TO DISMISS FIRST AMENDED COMPLAINT BY DEFENDANTS FOX VALLEY CORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH PAPER, INC. (DOC. # 147 ); AND (2) DE FENDANT INTERNATIONAL PAPER COMPANY'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT (DOC. # 148 )- Plaintiffs have stated plausible claims for relief under § 107(a) of CERCLA, and under Ohio Revised Code § 3746.23(8). They have also asserted a plausible claim of successor liability against the Neenah Defendants. These claims therefore remain pending. Plaintiffs' common law nuisance claim, however, is DISMISSED WITH PREJUDICE.Signed by Judge Walter H. Rice on 2/15/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
142
DECISION AND ENTRY SUSTAINING DEFENDANT INTERNATIONAL PAPER COMPANY'S MOTION TO DISMISS (DOC. # 75 ); SUSTAINING MOTION TO DISMISS BY DEFENDANTS FOX VALLEYCORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH PAPER, I NC. (DOC. # 92 ); DISMISSING PLAINTIFFS' CERCLA CLAIMS WITHOUT PREJUDICE; DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS; GIVING PLAINTIFFS 20 DAYS TO SEEK LEAVE TO FILE AN AMENDED COMPLAINT; CASE TO REMAIN PENDING UNTIL THAT TIME; VACATING MARCH 7, 2016, CONFERENCE CALL. Signed by Judge Walter H. Rice on 2/29/2016. (srb)
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Filing
141
DECISION AND ENTRY SUSTAINING DEFENDANT BPM PAPER, INC.'S MOTION TO DISMISS (DOC. # 87 ),WITH PREJUDICE. Signed by Judge Walter H. Rice on 2/11/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
138
DECISION AND ENTRY OVERRULING AS MOOT THE MOTION TO DISMISS OF NAMED DEFENDANTS AETNA PAPER COMPANY, CHAMPION INTERNATIONAL CORPORATION, HOWARD PAPER MILLS, INC., AND ST. REGIS PAPER COMPANY (DOC. # 76 ) - Given that International Paper Company has stipulated that it has succeeded to the liability, if any, of its predecessor entities, Doc. # 125 , and the Court has dismissed those predecessor entities from this action, Doc. # 126 , the Court OVERRULES AS MOOT the Motion to Dismiss that was previously filed by those entities, Aetna Paper Company, Champion International Corporation, Howard Paper Mills, Inc., and St. Regis Paper Company, Doc. # 76 . Signed by Judge Walter H. Rice on 11/18/2015. (srb)
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Filing
72
ORDERED - granting 58 Motion to Dismiss - and it is further ORDERED that, pursuant to FRCP 41(a)(2), Defendant Fraser Papers, Inc., is DISMISSED from this action with each party to bear its own fees and costs; and it is further, ORDERED that such dismissal does not prejudice Plaintiffs' claims against the remaining defendants or otherwise render this lawsuit invalid or defective under the pleading requirements of the V AP. Signed by Judge Walter H Rice on 05/15/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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