Ballard et al v. Union Carbide Company et al
| Patty Ballard, Drema Ballard, Paul Burke, James Coleman, Sallie Coleman, Roxane Fragate, Brenda Hill, Cathy Hopkins, John Jones, Cathy Jones, Larry Kimbro, Kathy Kimbro, Thelma McGuire, Ada Morris, Carl Moten, Adelle Newbell, Carrie Peyton, Dorothy Richmond, Patricia Schulte, Phillip Schulte, Naomi Tackett, David Tamplin, Carolyn Turner, Patricia Ward, Terry White, Timothy Williams, Nicole Williams, Ray Withrow, June Withrow, Brian Wright, Cynthia Wright, Arnold Wright and Gregory Ballard |
| Dow Chemical Corporation, Elkem Metals Corporation, Globe Specialty Metals, Inc.,, Globe Metallurgical, Inc.,, West Virginia Alloys, Inc., and Union Carbide Company |
| 2:2011cv00366 |
| May 20, 2011 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| John T. Copenhaver |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
438
MEMORANDUM OPINION AND ORDER denying the plaintiffs' 230 MOTION for class certification; granting in part and denying in part the defendants' 415 AMENDED MOTION to exclude the opinions tendered by the plaintiffs' expert witness es Greg Haunschild, James Dahlgren, and Randy Horsak, granting said motion as to Messrs. Haunschild and Horsak and denying as moot said motion respecting Dr. Dahlgren. Signed by Judge John T. Copenhaver, Jr. on 9/30/2013. (cc: attys; any unrepresented parties) (taq)
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Filing
296
MEMORANDUM OPINION AND ORDER granting the plaintiffs' 238 MOTION to file the proposed third amended class action complaint; deeming the previously-filed 83 MOTION to Dismiss, the defendants' response to the third amended pleading such that no further briefing on that motion is required; denying the 289 MOTION to Strike, with the exception that the plaintiffs are directed to pay over to the defendants the attorney fees and costs reasonably and necessarily attributabl e to the defendants' taking the additional discovery necessitated by the plaintiffs' failure to include the now-expanded scope of the issues in the original reports of the three challenged experts; denying without prejudice the plaintif fs' 286 MOTION for deferral in view of the schedule modification directed and set forth more fully herein; denying without prejudice the defendants' 228 MOTION to Exclude the opinions of the plaintiffs' expert wit nesses Dr. Dahlgren, Mr. Haunschild, Mr. Horsak, and Mr. Cheremisinoff, to the defendants' filing of their reformulated Daubert motion as earlier noted herein; modifying the schedule as follows: Plaintiffs produce all discoverable informatio n in the files of Mr. Haunschild, Dr. Dahlgren, and Mr. Horsak relating to their affidavits and any subsequently filed supplemental reports authored by them by 01/04/2013; plaintiffs serve their amended expert reports to formalize and elaborate u pon the opinions expressed in the affidavits of Mr. Haunschild, Dr. Dahlgren, and Mr. Horsak by 01/11/2013; defendants' re-depose plaintiff experts as necessary by 01/18/2013; defendants' serve their amended responsive expert disclosures by 01/22/2013; plaintiffs re-depose defendant experts as necessary by 01/24/2013; response on class certification motion due by 02/08/2013; plaintiffs' Daubert motion and defendants' reformulated Daubert motion due by 02/08/2013; reply on class certification motion due by 02/25/2013; responses on Daubert motions due by 02/25/2013; replies on Daubert motions due by 03/08/2013; class certification hearing on 04/10/2013 at 10:00 a.m. Terminating the plaintiffs' 186 EXPEDITED M OTION for an order modifying the court's 10/5/2012 181 order as it applies to Steven Cole; the motion was addressed in an order entered 10/26/2012. The Clerk is directed to amend the style as reflected in the caption. Signed by Judge John T. Copenhaver, Jr. on 12/27/2012. (cc: attys; any unrepresented parties) (taq)
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Filing
206
MEMORANDUM OPINION AND ORDER granting defendants' 194 EXPEDITED MOTION to to modify the 10/5/2012 181 scheduling order and to compel the deposition of Steven Cole, modifying the schedule as follows: The depositions of Mr. Haunschild a nd Mr. Cole are to be completed by 11/13/2012; the defendants' expert disclosures must be served by 11/15/2012; the defendants' counter-expert, if any, must be deposed by 11/21/2012; motion for class certification due by 12/02/2012, with r esponses due by 12/21/2012, and replies due by 1/14/2013; the plaintiffs are directed to disclose to the defendants all discoverable information in the files of both Mr. Haunschild and Mr. Cole no later than 3 days prior to their respective depositions. Signed by Judge John T. Copenhaver, Jr. on 11/8/2012. (cc: attys; any unrepresented parties) (taq)
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Filing
201
MEMORANDUM OPINION AND ORDER re: 194 DEFENDANTS' EXPEDITED MOTION to Modify October 5, 2012 181 Scheduling Order and Compel the Deposition of Steven Cole, directing that the 11/2/2012 deadline for defendants' counter-expert report s is held in abeyance pending the court's ruling on the residue of the defendants' expedited motion; in the event that the parties are unable to earlier resolve amicably the disputes mentioned in the expedited motion, the plaintiffs are directed to respond to the expedited motion by 11/5/2012, with the defendants' reply filed by 11/6/2012. Signed by Judge John T. Copenhaver, Jr. on 11/2/2012. (cc: attys; any unrepresented parties) (taq)
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Filing
119
MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 101 MOTION to Compel, as directed and set forth more fully herein; the parties to bear their own costs. Signed by Magistrate Judge Mary E. Stanley on 6/8/2012. (cc: attys) (taq)
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Filing
35
MEMORANDUM OPINION AND ORDER granting defendants' 24 MOTION for Leave to File a Surreply in Opposition to Plaintiffs' Reply to Defendants' Opposition to Motion for Remand; directing the Clerk to terminate the parties' 30 JOINT MOTION to extend plaintiffs' time to respond to defendants' motion to dismiss; denying plaintiffs' 10 MOTION to Remand Case to Circuit Court of Kanawha County. Signed by Judge John T. Copenhaver, Jr. on 10/3/2011. (cc: attys; any unrepresented parties) (mkw)
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