Riverside Texaco et al v. Occidental Chemical Corporation et al
| Annie R Whiteside, Annie P Thompson, William D Ricks, Zela M Phillips, Jessie J Little, Perry C Burgess, Dean Lesley, Devon King, Mattie Russell, Shelia Pullen, Concettia H Fort, Marion L Martin, Wanda R Mitchell, Margaret Smith, Beverly Ross, Grace M Bates, Herchial Allen, Carol A Lesley, Nazarene T Darrough, Sherry Long, Eric Cowley, Nellie P Vinson, Tammie Tidwell, William R Lewis, Eddie Whiteside, Vinson T Smith, Sadell Meredith, Marilyn G Davis, Darlene Goodloe, Walter L Gholston, Bonnie L Burgess, Jr, Fred Darthard, Sr, Kent King, Walter Jackson, Jr, Gregory D Flint, Josh Freeman, Robert Poellnitz, Jenett Burt, Paul Gholston, Charles L Cobb, Mattie Penn, Jennie Burt, Marion Crawley, Oscar O Watts, Jr, Charles E Vess, Shirley Burt, Janice Jarmon, Percy L Neloms, Myrtle L Fields, Brenda E Goodwin, Andrew J Mayes, Linda Caperton, Cecelia Thompson, Shirley A Burgess, Gail W Mullens, Glenda F Goode, Robert E Speegle, Gladys Pullen, Rosie L Jones, Swanzetta Cheatom, Michael Meade, Patsy White, Hazel I Cox, John Jones, Jr, Henry M Long, Dayle A Turner, Willie H King, Gene Aycock, James R Harris, Robert Newsome, Jr, Elizabeth I Goode, Albert L Jarmon, Lillian T Mars, Bobby A Pruitt, Dexter B Watts, Lilly B Crawley, Marie Owen, Clara B Cowley, Horace J Smith, Barbara Applewhite, William M Neloms, Joseph Little, Sr, James H Bean, Delois Cal, Johnny M Cowan, Charles Andrews, Rosa Smith, Governor O Johnson, Jr, Ollie Sanders, Jr, Lorene Martin, Nena K Chapman, Emmitt King, Sr, Ester McAfee, Patricia G Terry, Charles L Anderson, Lula M Williams, Weston C Metcalf, Thomas H Burt, Mary H Ricks, Kenneth Stowe, Virginia K Sanders, James L Jackson, Mary L Harris, David Watts, John A Williams, Mark Little, Andrew Pearsall, Claiborn B Thompson, Otis Neloms, First Baptist Church of Shoals City, Thomas L Haney, Janice H King, James Whiteside, Jr, Frankie Fitzgerald Hogan, Katrina Little, Craig Jackson, Barbara Burgess, Jo C Montgomery, George Alexander, Jr, Hirman C Bailey, Isaiah Neloms, Jr, Curtis Crawley, Michael Weakley, Scott G Phillips, Mildred Mayes, Lillie M Fort, Earline King, Ruthie P Williams, James E Cole, Emma McGaha, Ester Horrison, Terilyn Whiteside, Leo Fuqua, Rosie Gholston, Audrey Bailey, Virginia Hampton, Veronica Jarmon, William M Smith, Lucille B Suttle, Jerita Jackson, Edgar E Pruitt, Riley L Young, Charley F Campbell, Edna T McPherson, Glenda W King, Willie L Fitzgerald, Barbara Johnson, Hilda B Warren, Rhonda Lindsey, Sharon A Baugh, Isaiah Neloms, III, Lucille P Thomas, Emmitt King, Jr, Patricia Pounders, Carlos G McMullins, Cynthia Y Allen, Sheryle Y Bracy, John L Hayes, Joyce W Davis, Ceola Greenhill, Willie Jones, Fachia Files, Larry Sr Burgess, Carol A Whiteside, Edward B Dixon, Linda M Johnson, Robert E Thompson, John D Alexander, Ollie Weaver, Howard Pratt, Clyde W Newsome, Aneitha Thompson, Brenda D Cobb, Irene Johnson, Terrence Freeman, Mariko Redcross, Doris Knox, Dickey G Lesley, Frank Watson, Hollis Isbell, Larry D Smith, Lugertha Sharpley, Romelia C Hogan, Elizabeth McDaniel, Willie Johnson, Jr, Richard C Stanley, Richard Ricks, Sabrina Jarmon, Leo Hollingsworth, Sr, Towanda Nixon, Deloris A Burt, Bessie Smith, Thomas L Burgess, Gloria Oliver, Robert E Barber, Sherry C Burt, Leotha Ingram, Jr, Charles Jarmon, Gwendolyn Hood, Ruby Elaine Jones, Donna Vinson, Alonzo Thompson, Billy H Ford, Bonnie Lee Burgess, Sr, Percy L Kimbrough, George Granville, Ella Moss and Walter Hampton |
| David Ryskoski and Occidental Chemical Corporation |
| 3:2007cv00268 |
| February 8, 2007 |
| US District Court for the Northern District of Alabama |
| Northwestern Office |
| Colbert |
| Inge P Johnson |
| Torts to Land |
| 28 U.S.C. § 1441 Petition for Removal- Torts to Land |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2009. A more recent docket listing may be available from PACER.
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Filing 260
ORDER finding as moot #259 Motion to Withdraw as Attorney.. Signed by Judge Inge P Johnson on 10/13/2009. (KSS, )
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| Filing 259 MOTION to Withdraw as Attorney by plas. (Boutwell, Christopher) Modified on 10/15/2009 (ASL ). |
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Filing 258
ORDER due to an error in the dates, the court's #257 Order on Motion to Dismiss is WITHDRAWN and the following substituted therefore as set out; it is ORDERED by the court that said motion is GRANTED, this case is DISMISSED WITH PREJUDICE. Signed by Judge Inge P Johnson on 10/5/2009. (KSS, )
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Filing 257
ORDER granting #254 Motion to Dismiss; this action is dismissed with prejudice. Signed by Judge Inge P Johnson on 10/1/2009. (KAM, )
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| Filing 256 NOTICE filed by plas re #255 Order Setting Hearing on Motion (Attachments: #1 Exhibit A)(Addison, Alyce) Modified on 9/15/2009 (ASL ). |
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Filing 255
ORDER Setting Hearing on Motion #254 MOTION to Dismiss with Prejudice : Motion Hearing set for 10/1/2009 08:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Inge P Johnson. Signed by Judge Inge P Johnson on 9/11/09. (ASL )
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| Filing 254 MOTION to Dismiss with Prejudice by Occidental Chemical Corporation. (Attachments: #1 Exhibit 1 - Agreed Stipulation of Facts)(Wetmore, Michael) |
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Filing 253
ORDER scheduling a Status Conference for 9/3/2009 at 01:30 PM in Hugo L Black US Courthouse, Birmingham, AL before Judge Inge P Johnson. Signed by Judge Inge P Johnson on 8/27/09. (ASL )
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Filing 252
ORDER DISMISSING CASE without prejudice, court retains jurisdiction for purpose of enforcing parties' settlement agreement, parties shall submit formal stipulation of dismissal. Signed by Judge Inge P Johnson on 4/21/09. (ASL )
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Filing 251
ORDER granting #250 Motion for enlargement of time to reply; plas are allowed an additional 7 days to respond to pending motions. Signed by Judge Inge P Johnson on 4/17/09. (ASL )
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| Filing 250 MOTION for Extension of Time to File Response/Reply as to #223 MOTION in Limine to Exclude Plaintiffs' Experts Richard A. Maloy, Dennis W. Key and G. Barton Crum, pursuant to Daubert, #227 MOTION for Partial Summary Judgment in the Alternative to Doc. #224, #229 MOTION in Limine to Exclude Plaintiffs' Expert William Desmond pursuant to Daubert by plas. (Robertson, Alyce) Modified on 4/17/2009 (ASL, ). |
| Filing 249 Transcript of Status Hearing held on 10/2/07, before Judge Inge P. Johnson. Court Reporter/Transcriber Karla Johnson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (#See Transcript Redaction Policy) Redaction Request due 5/7/2009. Redacted Transcript Deadline set for 5/18/2009. Release of Transcript Restriction set for 7/15/2009. (ASL, ) |
| Filing 248 RESPONSE in Opposition to #245 plas' MOTION to reconsider #238 Order granting dft's Daubert motion and/or to supplement the expert opinions of John Schendel and Harry Ellis filed by Occidental Chemical Corporation. (Wetmore, Michael) Modified on 4/14/2009 (ASL ). |
| Filing 247 Brief re #246 Supplemental MOTION for Summary Judgment to Prior Motion for Full Summary Judgment Given Plaintiffs' Lack of Requisite Scientific/Expert Causation Evidence filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 246 Supplemental MOTION for Summary Judgment to Prior Motion for Full Summary Judgment by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 245 MOTION for Reconsideration re #238 Order on Motion in Limine Against Plaintiffs' Experts John Schendel and Harry Ellis, and Motion for Leave to Supplement Expert Opinion of John Schedel and Harry Ellis or, in the Alternative, Reply in Opposition to Defendant's Motion for Leave to File New Motion for Full Summary Judgment and/or to Supplement Prior Motion for Full Summary Judgment Post-Daubert Ruling by plas. (Boutwell, Christopher) Modified on 4/14/2009 (ASL ). |
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Filing 244
ORDER granting #243 Motion for Leave to File New Motion for Full Summary Judgment and/or to Supplement its Prior Motion for full Summary Judgment Post-Daubert Ruling, it is further ORDERED that the plas' time to respond to said motion and dft's time to reply to plas' response are extended accordingly. Signed by Judge Inge P Johnson on 4/13/2009. (KSS, )
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| Filing 243 MOTION for Leave to File New Motion for Full Summary Judgment and/or to Supplement its Prior Motion for Full Summary Judgment Post-Daubert Ruling by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Motion for Full Summary Judgment, #2 Exhibit B - Memorandum of Law in Support of Motion for Full Summary Judgment)(Wetmore, Michael) |
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Filing 242
ORDER re #239 Plaintiffs' Motion to Exclude Defendant's Expert Witness, M.Whitman Beasley, Jr. and #240 Plaintiffs' Daubert Motion to Exclude Defendant's Expert Witness John W. Trimble; dft is allowed 21 days to respond to said motions. Signed by Judge Inge P Johnson on 4/7/09. (ASL )
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| Filing 241 NOTICE that although the court does not find conflict pursuant to 28:455, the court notifies counsel that, at present time, M. Whitman Beasley, Jr., serves as expert witness for State of Alabama in condemnation proceedings in 31st Judicial Circuit, AL; said condemnation proceedings are prosecuted on behalf of State of Alabama by undersigned's husband. Signed by Judge Inge P Johnson on 4/7/09. (ASL ) |
| Filing 240 Proposed MOTION in Limine Plaintiffs' Daubert Motion to Exclude Defendant's Expert Witness John W. Trimble by plas. (Attachments: #1 Exhibit A-!, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B, #5 Exhibit C)(Robertson, Alyce) Modified on 4/7/2009 (ASL ). |
| Filing 239 MOTION in Limine Plaintiffs' Motion to Exclude Defendant's Expert Witness, M.Whitman Beasley, Jr. by plas. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B, #5 Exhibit C)(Boutwell, Christopher) Modified on 4/7/2009 (ASL ). |
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Filing 238
ORDER granting #176 Motion to exclude plas' experts John Schendel and Harry V. Ellis, III. Signed by Judge Inge P Johnson on 4/6/09. (ASL )
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| Filing 237 NOTICE of Appearance by Henry H Self, Jr on behalf of Occidental Chemical Corporation (Self, Henry) |
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Filing 236
ORDER granting #226 Motion for leave to file memorandum of law in support of partial summary judgment in excess of page limitation. Signed by Judge Inge P Johnson on 3/24/09. (ASL )
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Filing 235
ORDER granting #233 Motion for an enlargement of time to respond to dft's motions; plas shall have an add'l 16 days to respond to each of dft's motions. Signed by Judge Inge P Johnson on 3/24/09. (ASL )
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Filing 234
ORDER granting #221 Motion for leave to file Daubert motion in excess of page limitations. Signed by Judge Inge P Johnson on 3/23/09. (ASL )
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| Filing 233 MOTION for Extension of Time to File Response/Reply as to #223 MOTION in Limine to Exclude Plaintiffs' Experts Richard A. Maloy, Dennis W. Key and G. Barton Crum, pursuant to Daubert, #224 MOTION for Summary Judgment, #227 MOTION for Partial Summary Judgment in the Alternative to Doc. #224, #229 MOTION in Limine to Exclude Plaintiffs' Expert William Desmond pursuant to Daubert by plas. (Robertson, Alyce) Modified on 3/24/2009 (ASL, ). |
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Filing 232
ORDER re #229 MOTION in Limine to Exclude Plaintiffs' Expert William Desmond pursuant to Daubert filed by Occidental Chemical Corporation; plas are ORDERED to respond to said motion w/i 14 days. Signed by Judge Inge P Johnson on 3/23/09. (ASL )
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Filing 231
ORDER granting #220 Motion to Withdraw Gilbert P. Self as Attorney. Signed by Judge Inge P Johnson on 3/23/09. (ASL )
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Filing 230
ORDER granting #222 joint motion for extension of time to allow plas to file motions challenging dft's experts or expert testimony; plas shall have 10 days following depo of each of dft's remaining experts in which to file any motion challenging that expert or the expert's testimony. Signed by Judge Inge P Johnson on 3/23/09. (ASL )
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| Filing 229 MOTION in Limine to Exclude Plaintiffs' Expert William Desmond pursuant to Daubert by Occidental Chemical Corporation. (Attachments: #1 Exhibit A (Depo Transcript - Desmond), #2 Exhibit B (Mercury Study Report to Congress), #3 Exhibit C (Depo Transcript - Hoffnagle))(Wetmore, Michael) |
| Filing 228 Brief re #227 MOTION for Partial Summary Judgment in the Alternative to Doc. #224. (Attachments: #1 Exhibit 1 (Carolyn Alford Interrogatory Response), #2 Exhibit 2 (Thomas Burgess Interrogatory Response), #3 Exhibit 3 (Thomas Hampton Interrogatory Response), #4 Exhibit 4 (Craig Jackson Interrogatory Response), #5 Exhibit 5 (Charles Jarmon Interrogatory Response), #6 Errata 6 (Willie J. Jonrrogatory Response), #7 Exhibit 7 (Gary Ludlow Interrogatory Response), #8 Exhibit 8 (Carlos McMullins Interrogatory Response), #9 Exhibit 9 (Ella Moss Interrogatory Response), #10 Exhibit 10 )Simon Neloms Interrogatory Response), #11 Exhibit 11 (Gladys Pullen Interrogatory Response), #12 Exhibit 12 (Riverside Texaco Interrogatory Response))(Wetmore, Michael) |
| Filing 227 MOTION for Partial Summary Judgment in the Alternative to Doc. #224 by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 226 MOTION for Leave to File Excess Pages of Brief in Support of Partial Motion for Summary Judgment by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 225 Brief re #224 MOTION for Summary Judgment. (Attachments: #1 Exhibit A ( ADEM Environmental Indicator Evaluation, #2 Exhibit B (EPA Detailed Facility Report), #3 Exhibit C (Muscle Shoals Environmental Awards-Recognition, #4 Exhibit D (Barbara Beck Expert Report), #5 Exhibit E (Desmond Expert Report), #6 Exhibit F (Supplemental Expert Report of Wm. Hall), #7 Exhibit G (Depo Transcript - Ellis), #8 Exhibit H (Depo Transcript - Desmond), #9 Exhibit I (Tort Litigation Reporter), #10 Exhibit J (List of Plaintiffs with concentrations at or below 0.0732 ppm))(Wetmore, Michael) |
| Filing 224 MOTION for Summary Judgment by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 223 MOTION in Limine to Exclude Plaintiffs' Experts Richard A. Maloy, Dennis W. Key and G. Barton Crum, pursuant to Daubert by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit B)(Wetmore, Michael) |
| Filing 222 Joint MOTION for Extension of Time to Allow Plaintiffs to File Motions Challenging Defendant's Experts or Expert Testimony by plas. (Boutwell, Christopher) Modified on 3/20/2009 (ASL, ). |
| Filing 221 MOTION for Leave to File Excess Pages by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 220 MOTION to Withdraw as Attorney by Occidental Chemical Corporation. (Self, Gilbert) |
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Filing 219
ORDER finding as moot #217 Motion for leave to file reply in support of dft's Daubert motion in excess of page limitation. Signed by Judge Inge P Johnson on 3/13/09. (ASL, )
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| Filing 218 REPLY to Response to Motion re #176 MOTION in Limine to Exclude Plaintiffs' Experts John Schendel and Harry Ellis, III pursuant to Rule 702 and/or Daubert filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Charts, #2 Exhibit B - Graph)(Wetmore, Michael) |
| Filing 217 MOTION for Leave to File Reply in Support of Defendant's Daubert Motion in Excess of Page Limitation by Occidental Chemical Corporation. (Wetmore, Michael) |
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Filing 216
ORDER granting #215 Motion for leave to file reply in support of Daubert motion; dft is allowed until 3/11/09 to submit a reply. Signed by Judge Inge P Johnson on 3/9/09. (ASL, )
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| Filing 215 MOTION for Leave to File Reply in Support of Daubert Motion to Exclude Plaintiffs' Experts by Occidental Chemical Corporation. (Wetmore, Michael) |
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Filing 214
ORDER granting #212 Motion for leave to file response in excess of page limitations. Signed by Judge Inge P Johnson on 3/5/09. (ASL, )
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| Filing 213 RESPONSE to Motion re #176 MOTION in Limine to Exclude Plaintiffs' Experts John Schendel and Harry Ellis, III pursuant to Rule 702 and/or Daubert filed by plas. (Attachments: #1 Exhibit A - Affidavit of Dr. John Schendel, Ph.D., #2 Exhibit B - Affidavit of Harry V. Ellis, III, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Robertson, Alyce) Modified on 3/4/2009 (ASL, ). |
| Filing 212 MOTION for Leave to File Excess Pages by plas. (Robertson, Alyce) Modified on 3/4/2009 (ASL, ). |
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Filing 211
ORDER that plas are awarded total sums set forth in Exhibit A to their statement of costs, that being fees in amount of $19,312.50 and expenses of $627.20; dft and defense counsel are jointly liable for payment of said sums to plas; said amount shall be paid, in full, w/i 10 days of today's date. Signed by Judge Inge P Johnson on 2/27/09. (ASL, )
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| Filing 210 Transcript of Hearing held on 2/19/2009, before Judge Inge P. Johnson. Court Reporter/Transcriber Leah S. Turner, Telephone number 205-278-1780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (#See Transcript Redaction Policy) Redaction Request due 3/19/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/27/2009. (KSS, ) |
| Filing 209 BILL OF COSTS Related to Plaintiffs Motion for Sanctions by plas. (Attachments: #1 Exhibit A - Statements of Time and Expenses)(Robertson, Alyce) Modified on 2/27/2009 (ASL, ). |
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Filing 208
ORDER re #201 Motion to compel dft to comply with stipulated protective order, or in the alternative to vacate protective order, and motion for sanctions; pla's motion to compel is GRANTED to extent that Stipulated Protective Order (doc #48 ) is VACATED, said motion is DENIED to extent it sought to have court order dft to comply w/Stipulated Protective Order; parties are allowed 7 days to submit proposed consent protective order; granting #201 plas' motion for sanctions, plas are allowed seven (7) days to submit all costs and fees incurred as set out. Signed by Judge Inge P Johnson on 2/19/09. (ASL, )
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| Filing 207 RESPONSE in Opposition re #201 MOTION to Compel Occidental Chemical Corporation to Comply with Stipulated Protective Order, or in the Alternative to Vacate Protective Order, and Motion for Sanctions filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Affidavit of Janine Hutchison, #2 Exhibit B - 1-18-2008 letter to Bill Curtis, #3 Exhibit C - 2-4-2008 letter to Rhon Jones)(Wetmore, Michael) |
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Filing 206
ORDER denying #198 plas' motion for sanctions, further ORDERED that dft shall meet and confer "in good faith" pursuant to Rule 37(a)(1), prior to filing of any further motions to compel in the future; denying #194 dft's Motion for Sanctions and/or to compel, without prejudice to dft's right to refile said motion, should same become necessary; parties are reminded that ddls in Scheduling Order of 10/31/07, remain applicable. Signed by Judge Inge P Johnson on 2/17/09. (ASL, )
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| Filing 205 RESPONSE to Motion re #194 MOTION for Sanctions and/or To Compel Supplemental Rule 26 (A) Disclosures from Plaintiffs filed by plas. (Robertson, Alyce) Modified on 2/17/2009 (ASL, ). |
| Filing 204 RESPONSE to re #198 Plaintiffs' Motion for Sanctions filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Deposition Testimony of Larry Pullen)(Wetmore, Michael) |
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Filing 203
ORDER denying #197 dft's MOTION to Compel Production of Documents from Third Party ; granting #200 plas' MOTION to Strike #197 dft's MOTION to Compel; re #201 plas' MOTION to Compel Occidental Chemical Corporation to Comply with Stipulated Protective Order, said motion is set for hearing on 2/19/2009 at 01:30 PM before Judge Inge P Johnson, at said hearing, dft is ORDERED to show court why approximately 800,000 pages of documents produced, as alleged by plas, need to be marked "confidential," as defined by Stipulated Protective Order (doc #48 ). Signed by Judge Inge P Johnson on 2/9/09. (ASL, )
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Filing 202
ORDER denying #192 MOTION to Strike or in the Alternative Motion to Compel filed by Occidental Chemical Corporation; dft is allowed five (5) days to respond to #198 plas' motion for sanctions. Signed by Judge Inge P Johnson on 2/9/09. (ASL, )
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| Filing 201 MOTION to Compel Occidental Chemical Corporation to Comply with Stipulated Protective Order, or in the Alternative to Vacate Protective Order, and Motion for Sanctions by plas. (Attachments: #1 Exhibit A - Photographs, #2 Exhibit B - Photographs, #3 Exhibit C - public documents, #4 Exhibit D - public domain documents, #5 Exhibit E - promotional material, #6 Exhibit F - other documents, #7 Exhibit G - 12/1/08 Boutwell letter to Wetmore, #8 Exhibit H - 12/8/08 Wetmore letter to Boutwell, #9 Exhibit I - 12/12/08 Boutwell letter to Wetmore, #10 Exhibit J = 12/16/08 email from Wetmore to Boutwell, #11 Exhibit K - 12/22/08 Boutwell letter to Wetmore, #12 Exhibit L - photographs)(Boutwell, Christopher) Modified on 2/9/2009 (ASL, ). |
| Filing 200 MOTION to Strike #197 MOTION to Compel Production of Documents from Third Party Martin-Aycock Properties and Plaintiff Harold Eugene ("Gene") Aycock MOTION to Compel Production of Documents from Third Party Martin-Aycock Properties and Plaintiff Harold Eugene ("Gene") Aycock MOTION to Compel Production of Documents from Third Party Martin-Aycock Properties and Plaintiff Harold Eugene ("Gene") Aycock by plas. (Attachments: #1 Exhibit A - Notice of Videotaped Deposition)(Robertson, Alyce) Modified on 2/9/2009 (ASL, ). |
| Filing 199 REPLY to Response to Motion re #192 MOTION to Strike or in the Alternative Motion to Compel filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 198 RESPONSE to Motion re #192 MOTION to Strike or in the Alternative Motion to Compel and Plaintiffs' Motion for Sanctions filed by plas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Robertson, Alyce) Modified on 2/9/2009 (ASL, ). |
| Filing 197 MOTION to Compel Production of Documents from Third Party Martin-Aycock Properties and Plaintiff Harold Eugene ("Gene") Aycock by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - 1-22-2009 Robertson Email, #2 Exhibit B - Deposition of Gene Aycock, #3 Exhibit C - Deposition of Larry Pullen, #4 Exhibit D - Subpoena, #5 Exhibit E - 1-16-2009 Hutchison Email, #6 Exhibit F - 1-27-2009 Robertson Letter, #7 Exhibit G - 1-29-2009 Buck Letter, #8 Exhibit H - 1-30-2009 Robertson Letter, #9 Exhibit I - Aycock's Amended ROG Responses, #10 Exhibit J - Aycock's RFP Responses, #11 Exhibit K - Aycock's Document Production)(Wetmore, Michael) |
| Filing 196 NOTICE of Appearance by John E Tomlinson on behalf of all plaintiffs (Tomlinson, John) |
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Filing 195
ORDER re #194 MOTION for Sanctions and/or To Compel Supplemental Rule 26 (A) Disclosures from Plaintiffs filed by Occidental Chemical Corporation; plas are allowed until 2/13/09 to respond to said motion. Signed by Judge Inge P Johnson on 2/3/09. (ASL, )
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| Filing 194 MOTION for Sanctions and/or To Compel Supplemental Rule 26 (A) Disclosures from Plaintiffs by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wetmore, Michael) |
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Filing 193
ORDER re #192 MOTION to Strike or in the Alternative Motion to Compel filed by Occidental Chemical Corporation; plas are ORDERED to respond to said motion w/i 14 days. Signed by Judge Inge P Johnson on 1/30/09. (ASL, )
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| Filing 192 MOTION to Strike or in the Alternative Motion to Compel by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Depo Transcript of Gary Ledlow, #2 Exhibit B - Depo Transcript of Charles Jarmon, #3 Exhibit C - Depo Transcript of Willie J. Jones, #4 Exhibit D - Sampling Results Spreadsheet, #5 Exhibit E - Depo Transcript of Carolyn Alford, #6 Exhibit F - Depo Transcript of Craig Jackson)(Wetmore, Michael) |
| Filing 191 NOTICE of Appearance by Chenoa B Vick on behalf of all plaintiffs (Vick, Chenoa) |
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Filing 190
ORDER granting #189 Motion to substitute party plaintiff. Gregory D Flint, personal representative for Doris Flint, deceased, added. Doris C Flint terminated. Signed by Judge Inge P Johnson on 1/12/09. (ASL, )
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| Filing 189 MOTION to Substitute Party Plaintiff by plas. (Attachments: #1 Exhibit A)(Boutwell, Christopher) Modified on 1/12/2009 (ASL, ). |
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Filing 188
ORDER granting #183 Motion to withdraw attorney Mark Englehart. Signed by Judge Inge P Johnson on 1/8/09. (ASL, )
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Filing 187
ORDER finding as moot #186 Motion to compel discovery and response to dft's motion for protective order. Signed by Judge Inge P Johnson on 1/8/09. (ASL, )
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| Filing 186 MOTION to Compel and Response to Occidental Chemical Corporation's Motion for Protective Order by plas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Robertson, Alyce) Modified on 1/8/2009 (ASL, ). |
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Filing 185
ORDER denying #181 Motion for Protective Order. Signed by Judge Inge P Johnson on 1/7/2009. (KSS, )
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Filing 184
ORDER granting #180 Motion for Enlargement of Time to Respond to Defendant's Daubert Motion to Exclude Plaintiffs' Experts John Schendel and Harry Ellis, plas' response is due by 3/4/2009. Signed by Judge Inge P Johnson on 1/7/2009. (KSS, )
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| Filing 183 MOTION to Withdraw as Attorney by plas. (Englehart, Mark) Modified on 1/8/2009 (ASL, ). |
| Filing 182 RESPONSE in Opposition re #180 MOTION for Extension of Time filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Jan. 6, 2009 letter from Gil Self)(Wetmore, Michael) Modified on 1/8/2009 (ASL, ). |
| Filing 181 MOTION for Protective Order by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - OCC's Resp. to 1st ROG, #2 Exhibit B - OCC's Supp. Resp. to 1st ROG, #3 Exhibit C - OCC's 2nd Supp. Resp. to 1st ROG, #4 Exhibit D - OCC's Resp. to 2nd ROG, #5 Exhibit E - OCC's Resp. to 3rd ROG, #6 Exhibit F - Robertson's 11-20-2008 Letter, #7 Exhibit G - Schendel's Deposition Testimony, #8 Exhibit H - Wetmore's 12-8-2008 Letter, #9 Exhibit I - Robertson's 12-12-2008 Letter, #10 Exhibit J - Amended Depo Notice - 30(b)(6), #11 Exhibit K - Amended Depo Notice - David Steele)(Wetmore, Michael) |
| Filing 180 MOTION for Extension of Time to File Response/Reply as to #176 MOTION in Limine to Exclude Plaintiffs' Experts John Schendel and Harry Ellis, III pursuant to Rule 702 and/or Daubert by plas. (Robertson, Alyce) Modified on 1/8/2009 (ASL, ). |
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Filing 179
ORDER granting #177 Motion to withdraw Mary Pat O'Connor as counsel of record for plas. Signed by Judge Inge P Johnson on 1/5/09. (ASL, )
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Filing 178
ORDER granting #175 MOTION for leave to file Daubert motion in excess of page limitation filed by Occidental Chemical Corporation; re #176 Daubert MOTION to Exclude Plaintiffs' Experts John Schendel and Harry Ellis, III filed by Occidental Chemical Corporation, plas are ORDERED to respond to said motion w/i 14 days. Signed by Judge Inge P Johnson on 1/5/09. (ASL, )
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| Filing 177 MOTION to Withdraw as Attorney by plas. (O'Connor, Mary) Modified on 12/29/2008 (ASL, ). |
| Filing 176 MOTION in Limine to Exclude Plaintiffs' Experts John Schendel and Harry Ellis, III pursuant to Rule 702 and/or Daubert by Occidental Chemical Corporation. (Attachments: #1 Exhibit A (Ellis Deposition Exhibits), #2 Exhibit B (Schendel Deposition Exhibits), #3 Exhibit C (Ellis Deposition Transcript), #4 Exhibit D (Schendel Deposition Transcript), #5 Exhibit E (12/05/07 email from Farstad to Schendel), #6 Exhibit F (12/31/07 Email from Schendel to Ellis), #7 Exhibit G (01/07/2008 Email from Farstad to Ellis), #8 Exhibit H (Expert Report of William Hall), #9 Exhibit I (Expert Report of Gale Hoffnagle), #10 Exhibit J (Deposition Transcript of Gale Hoffnagle))(Wetmore, Michael) |
| Filing 175 MOTION for Leave to File Excess Pages for Daubert motion by Occidental Chemical Corporation. (Wetmore, Michael) |
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Filing 174
ORDER granting #173 Motion to Compel Occidental Chemical Corporation to Permit Plaintiffs' Entry Upon Land and Inspection and Sampling on Property, the dft shall allow the plas' to enter dft's property as set out. Signed by Judge Inge P Johnson on 12/15/2008. (KSS, )
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| Filing 173 MOTION to Compel Occidental Chemical Corporation to Permit Plaintiffs Entry Upon Land and Inspection and Sampling on Property by plas. (Attachments: #1 Exhibit 1, #2 Errata 2, #3 Exhibit 3)(Robertson, Alyce) Modified on 12/15/2008 (ASL, ). |
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Filing 172
ORDER granting #171 Motion to Amend; Order of September 16, 2008 is amended as set out in this order; Clerk is instructed to reinstate plas listed in Exhibit A and terminate plas Marilyn Davis, Mary Andrews, and Barbara Burgess as Administratrix of the Estate of Johnny Burgess (Exhibit A attached). Signed by Judge Inge P Johnson on 12/5/08. (ASL, )
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| Filing 171 Joint MOTION to Amend/Correct #165 Order on Motion for Summary Judgment by plas. (Attachments: #1 Text of Proposed Order)(Boutwell, Christopher) Modified on 12/4/2008 (ASL, ). |
| Filing 170 SUGGESTION OF DEATH Upon the Record as to Plaintiff Doris Flint by Occidental Chemical Corporation. (Attachments: #1 Exhibit A (Online Obituary for Doris Flint))(Wetmore, Michael) |
| Filing 169 NOTICE of Hearing of Pretrial conference set for 10/29/08 is canceled until June, 2009. (TLM, ) |
| Filing 168 NOTICE of Hearing: Pretrial Conference set for 10/29/2008 09:00 AM before Judge Inge P Johnson. (Attachments: #1 Exhibit PRETRIAL INSTRUCTIONS)(TLM, ) |
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Filing 167
ORDER denying #166 Motion to Compel. Signed by Judge Inge P Johnson on 9/17/08. (ASL, )
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| Filing 166 MOTION to Compel Answers to Defendant's Third Set of Interrogatories by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Curtis, William) |
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Filing 165
MEMORANDUM OPINION and ORDER granting in part and denying in part #128 Motion for Summary Judgment as to 100 plas, as set out. Signed by Judge Inge P Johnson on 9/16/08. (ASL, )
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Filing 164
ORDER the status conference previously set is hereby CANCELED, the plas' #149 MOTION for Scheduling Conference is DENIED. Signed by Judge Inge P Johnson on 9/9/2008(KSS, )
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Filing 163
ORDER it is ORDERED that the #161 Motion to Strike is GRANTED as to page 9, lines 3 through 10 of dft's reply, the Motion to Strike is DENIED as to the remainder of said motion. Signed by Judge Inge P Johnson on 9/9/2008. (KSS, )
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| Filing 162 RESPONSE in Opposition re #161 MOTION to Strike #160 Reply to Response to Motion, filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 161 MOTION to Strike #160 Reply to Response to Motion, by plas. (Boutwell, Christopher) Modified on 9/5/2008 (ASL, ). |
| Filing 160 REPLY to Response to Motion re #128 MOTION for Summary Judgment as to 100 Plaintiffs filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wetmore, Michael) |
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Filing 159
ORDER granting #156 Motion to Substitute as set out; denying #157 Motion to Strike. Signed by Judge Inge P Johnson on 9/4/2008. (KSS, )
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| Filing 158 RESPONSE to re #157 Plaintiffs' Motion to Strike filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 157 MOTION to Strike #151 Response to Motion by plas. (Robertson, Alyce) Modified on 9/3/2008 (ASL, ). |
| Filing 156 MOTION to substitute #154 Response in Opposition to Motion, Specifically, Exhibit 5 by plas. (Attachments: #1 Exhibit 5, pages 1-46, #2 Exhibit 5, pages 47-93)(Robertson, Alyce) Modified on 9/2/2008 (ASL, ). |
| Filing 155 NOTICE by Plaintiffs of Filing of Letters Testamentary Issued to Ceola Greenhill (Attachments: #1 Exhibit A)(Boutwell, Christopher) Modified on 8/29/2008 (ASL, ). |
| Filing 154 RESPONSE in Opposition re #128 MOTION for Summary Judgment as to 100 Plaintiffs filed by plas. (Attachments: #1 Exhibit 1, Pages 1-30, #2 Exhibit 1, pages 31-63, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, pages 1-44, #7 Exhibit 5, pages 45-88, #8 Exhibit 6, #9 Exhibit 7)(Boutwell, Christopher) Modified on 8/29/2008 (ASL, ). |
| Filing 153 NOTICE by Plaintiffs of Filing of Letters of Administration Issued to Lillie Crawley (Attachments: #1 Exhibit A)(Boutwell, Christopher) Modified on 8/28/2008 (ASL, ). |
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Filing 152
ORDER scheduling Status Conference for 9/11/2008 at 01:30 PM in Bham AL; Motions terminated: #149 MOTION for Scheduling Conference filed by plas. Signed by Judge Inge P Johnson on 8/27/08. (ASL, )
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| Filing 151 RESPONSE to Motion re #149 MOTION for Scheduling Conference filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit Subpoena to Tetra Tech, #2 Exhibit Deposition Transcript of Harry Ellis, #3 Exhibit Feb. 7, 2008 notes of John Schendel, #4 Exhibit April 23, 2008 email from Harry Ellis to John Schendel, #5 Exhibit Aprile 29, 2008 email from Harry Ellis to John Schendel, #6 Exhibit Tetra Tech map 1, #7 Exhibit Tetra Tech map 2, #8 Exhibit Schendel chart 1, #9 Exhibit Schendel chart 2, #10 Exhibit Schendel chart 3, #11 Exhibit Schendel note 1, #12 Exhibit Schendel note 2, #13 Exhibit Deposition transcript of John Schendel, #14 Exhibit March 13, 2008 email from Harry Ellis to John Schendel, #15 Exhibit Oct. 2, 2007 hearing transcript, #16 Exhibit Ellis Deposition Exhibit 6, #17 Exhibit City of Muscle Shoals Pollutant Analytical Results, #18 Exhibit Plaintiff George Alexander's interrogatory response, #19 Exhibit Plaintiff Sherry Burt's interrogatory response, #20 Exhibit Plaintiff Barbara Applewhite's interrogatory response, #21 Exhibit Plaintiff John Alexander's interrogatory response)(Wetmore, Michael) |
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Filing 150
ORDER re #149 MOTION for Scheduling Conference filed by plas; dft is ordered to respond to said motion w/i 7 days. Signed by Judge Inge P Johnson on 8/20/08. (ASL, )
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| Filing 149 MOTION for Scheduling Conference by plas. (Attachments: #1 Exhibit A, #2 Exhibit B)(Robertson, Alyce) Modified on 8/19/2008 (ASL, ). |
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Filing 148
ORDER denying #146 Motion for clarification of court order. Signed by Judge Inge P Johnson on 8/19/08. (ASL, )
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| Filing 147 RESPONSE in Opposition re #146 MOTION to clarify Court Order (doc #144) filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Curtis, William) |
| Filing 146 MOTION to clarify Court Order (doc #144) by plas. (Robertson, Alyce) Modified on 8/19/2008 (ASL, ). |
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Filing 145
ORDER granting #143 Motion to Substitute Party. Eric Cowley as next friend of Clara Cowley added. Clara B Cowley terminated. Signed by Judge Inge P Johnson on 8/12/08. (ASL, )
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Filing 144
ORDER granting #125 Motion to Compel, as to ESI production, plas shall produce such relevant information on or before 8/26/08 and finding that dft's motion to compel signed responses from pla James Harris is MOOT. Signed by Judge Inge P Johnson on 8/12/08. (ASL, )
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| Filing 143 MOTION to Substitute Party by plas. (Boutwell, Christopher) Modified on 8/12/2008 (ASL, ). |
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Filing 141
ORDER granting #138 Motion to file a document under seal. Signed by Judge Inge P Johnson on 8/11/08. (ASL, )
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Filing 140
ORDER granting #135 plas' renewed motion to substitute party plas; granting #136 Motion to substitute. John E Freeman, and Lilly B Crawley, and Ceola Greenhill, and Earline King, and Barbara Burgess added. Josh Freeman; George F Greenhill; Emmitt King, Sr; Johnny R Burgess and Willie James Crawley terminated. Signed by Judge Inge P Johnson on 8/11/08. (ASL, )
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| Filing 139 RESPONSE in Opposition re #125 MOTION to Compel Production of Plaintiffs' Electronically Stored Information and Signed Discovery Responses for James Harris filed by plas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Errata 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Boutwell, Christopher) Modified on 8/11/2008 (ASL, ). |
| Filing 138 MOTION to Seal Document by plas. (Boutwell, Christopher) Modified on 8/8/2008 (ASL, ). |
| Filing 137 RESPONSE in Opposition re #136 MOTION to Substitute Party Or, In The Alternative, To Amend Complaint to Add Plaintiffs Earline King and Barbara Burgess, #135 MOTION to Substitute Party Plaintiffs filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 136 MOTION to Substitute Party Or, In The Alternative, To Amend Complaint to Add Plaintiffs Earline King and Barbara Burgess by Johnny R Burgess, Emmitt King, Sr. (Attachments: #1 Errata 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Robertson, Alyce) |
| Filing 135 MOTION to Substitute Party Plaintiffs by Willie James Crawley, Josh Freeman, George F Greenhill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Boutwell, Christopher) |
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Filing 134
ORDER granting in part and denying in part #120 plas' Motion to Compel, as set out, dft shall furnish said discovery on or before 10 days from entry of this order. Signed by Judge Inge P Johnson on 8/6/08. (ASL, )
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| Filing 133 REPLY to Response to Motion re #120 MOTION to Compel filed by plas. (Attachments: #1 Exhibit 1)(Boutwell, Christopher) Modified on 8/5/2008 (ASL, ). |
| Filing 132 RESPONSE in Opposition re #120 MOTION to Compel filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Curtis, William) |
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Filing 131
ORDER granting #130 joint motion for enlargement of time for plas to respond to dft's motion for summary judgment as to 100 plas and for dft to reply to plas' response; plas' response to dft's motion for summary judgment is due on or before 8/28/08 and dft's reply is due w/i seven days after the response is filed. Signed by Judge Inge P Johnson on 8/4/08. (ASL, )
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| Filing 130 Joint MOTION for Extension of Time to File Response/Reply as to #128 MOTION for Summary Judgment as to 100 Plaintiffs and for Defendant to Reply to Plaintiffs' Response filed by plas and dft . (O'Connor, Mary) Modified on 8/4/2008 (ASL, ). |
| Filing 129 Brief re #128 MOTION for Summary Judgment as to 100 Plaintiffs filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Curtis, William) |
| Filing 128 MOTION for Summary Judgment as to 100 Plaintiffs by Occidental Chemical Corporation. (Curtis, William) |
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Filing 127
ORDER granting #126 Motion for time to answer dft's motion to compel; plas shall respond to dft's motion to compel (doc #125 ) w/i 14 days from entry of this order. Signed by Judge Inge P Johnson on 7/28/08. (ASL, )
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| Filing 126 MOTION for Extension of Time to File Response/Reply as to #125 MOTION to Compel Production of Plaintiffs' Electronically Stored Information and Signed Discovery Responses for James Harris by plas. (Boutwell, Christopher) Modified on 8/5/2008 (ASL, ). |
| Filing 125 MOTION to Compel Production of Plaintiffs' Electronically Stored Information and Signed Discovery Responses for James Harris by Occidental Chemical Corporation. (Attachments: #1 Exhibit 1 - May 16, 2008 Letter, #2 Exhibit 2 - May 23, 2008 Letter, #3 Exhibit 3 - May 28, 2008 Letter, #4 Exhibit 4 - May 30, 2008 Letter, #5 Exhibit 5 - June 3, 2008 Letter, #6 Exhibit 6 - June 3, 2008 Letter, #7 Exhibit 7 - June 10, 2008 Letter, #8 Exhibit 8 - June 13, 2008 Letter, #9 Exhibit 9 - June 24, 2008 Letter, #10 Exhibit 10 - July 11, 2008 Letter, #11 Exhibit 11 - July 17, 2008 E-mail, #12 Exhibit 12 - Interrogatory Responses by James Harris, #13 Exhibit 13 - Supplemental Rule 26(a)(1) Initial Disclosures by James Harris)(Curtis, William) |
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Filing 124
ORDER denying #118 Motion to Substitute Party as set out.. Signed by Judge Inge P Johnson on 7/22/2008. (KSS, )
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| Filing 123 REPLY to Response to Motion re #118 MOTION to Substitute Party Plaintiffs' Motion to Substitute Eric Cowley As Next Friend of Clara Cowley filed by Clara B Cowley. (Attachments: #1 Exhibit 1)(Robertson, Alyce) |
| Filing 122 RESPONSE in Opposition re #118 MOTION to Substitute Party Plaintiffs' Motion to Substitute Eric Cowley As Next Friend of Clara Cowley filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Email dated 7-14-2008, #2 Exhibit B - Email dated 7-17-2008)(Curtis, William) |
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Filing 121
ORDER re #120 MOTION to Compel, it is ORDERED by the court that dft is allowed 14 days from today's date to respond to motion. Signed by Judge Inge P Johnson on 7/21/2008. (KSS, )
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| Filing 120 MOTION to Compel by plas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6(a), #7 Exhibit 6(b), #8 Exhibit 6(c), #9 Exhibit 6(d), #10 Exhibit 6(e), #11 Exhibit 6(f), #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11)(Boutwell, Christopher) Modified on 7/21/2008 (ASL, ). |
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Filing 119
ORDER re #118 Plaintiffs' Motion to Substitute Eric Cowley As Next Friend of Clara Cowley; dft is allowed 14 days to respond to said motion. Signed by Judge Inge P Johnson on 7/7/08. (ASL, )
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| Filing 118 MOTION to Substitute Party Plaintiffs' Motion to Substitute Eric Cowley As Next Friend of Clara Cowley by plas. (Robertson, Alyce) Modified on 7/7/2008 (ASL, ). |
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Filing 117
ORDER granting #115 Motion to Dismiss Party Plaintiffs, it is ORDERED that the claims of plas Johnny Cowan, Odessa Eggleston, Percy Eggleston, Marvie Goodloe, Kent King, Esther McAfee, Sabrina Mitchell, Otis Neloms, Mary Ricks, Rosa Smith, Claude B. Vernon, Jr., and Katrina Little against dft are hereby DISMISSED WITH PREJUDICE. Signed by Judge Inge P Johnson on 6/30/2008. (KSS, )
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| Filing 116 RESPONSE to Motion re #115 MOTION to Dismiss Party Plaintiffs with Prejudice filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 115 MOTION to Dismiss Party Plaintiffs by Johnny M Cowan, Odessa Eggleston, Percy Eggleston, Marvin R Goodloe, Kent King, Katrina Little, Ester McAfee, Sabrina Mitchell, Otis Neloms, Mary H Ricks, Rosa Smith, Claude B Vernon, Jr. (Boutwell, Christopher) |
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Filing 114
ORDER granting #104 Motion to clarify Order regarding preservation of evidence, as set out in this order. Signed by Judge Inge P Johnson on 5/27/08. (ASL, )
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| Filing 113 REPLY to re #104 Motion to Amend and/or Clarify Order Regarding Preservation of Evidence filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit 1 - Photos)(Wetmore, Michael) |
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Filing 112
ORDER granting in part and denying in part #101 amended motion to substitute party plas; DENIED as to Earline King, Barbara Burgess, John Freeman, Reva Vernon, Lilly Crawley and Creola Greenhill and GRANTED as to Frankie Fitzgerald Hogan as Executrix of the Estate of Willie Fitzgerald for named pla Willie Fitzgerald, subject to said Executrix providing to dft letters of administration for this estate. Signed by Judge Inge P Johnson on 5/21/08. (ASL, )
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| Filing 111 REPLY to Response to Motion re #101 Amended MOTION to Substitute Party Plaintiffs filed by Johnny R Burgess, Willie James Crawley, Willie L Fitzgerald, Josh Freeman, George F Greenhill, Emmitt King, Sr, Claude B Vernon, Jr. (Boutwell, Christopher) |
| Filing 110 RESPONSE to Motion re #104 MOTION to clarify Order Regarding Preservation of Evidence filed by plas. (Attachments: #1 Text of Proposed Order)(Robertson, Alyce) Modified on 5/22/2008 (ASL, ). |
| Filing 109 Opposition to re #101 Plaintiffs' Amended Motion to Substitute Party Plaintiffs filed by Occidental Chemical Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Errata 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41)(Wetmore, Michael) |
| Filing 108 NOTICE of Appearance by Christopher D Boutwell on behalf of all plaintiffs (Boutwell, Christopher) |
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Filing 107
ORDER re #105 Response to court order for clarification of damages filed by plas; dft is allowed until 5/20/08 to respond to said motion. Signed by Judge Inge P Johnson on 5/14/08. (ASL, )
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Filing 106
ORDER re #104 MOTION to clarify Order Regarding Preservation of Evidence filed by Occidental Chemical Corporation; plas are allowed until 5/21/08 to respond to said motion. Signed by Judge Inge P Johnson on 5/13/08. (ASL, )
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| Filing 105 RESPONSE to re #103 Court Order for Clarification of Damages for Deceased Plaintiffs filed by Johnny R Burgess, Willie James Crawley, Willie L Fitzgerald, Josh Freeman, George F Greenhill, Emmitt King, Sr, Claude B Vernon, Jr. (Robertson, Alyce) |
| Filing 104 MOTION to clarify Order Regarding Preservation of Evidence by Occidental Chemical Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Text of Proposed Order)(Wetmore, Michael) |
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Filing 103
ORDER granting #102 Motion to substitute and/or dismiss and amend the complaint to replace named party pla Charles Andrews with Mary Andrews. Mary Andrews rep by Jere L Beasley, Mary Pat O'Connor, Rhon E Jones, Alyce Street Robertson, Mark Englehart, R Leland Lesley added. Charles Andrews terminated; court withholds ruling on #101 pending motion to substitute party plas pending clarification as set out in this order. Signed by Judge Inge P Johnson on 5/9/08. (ASL, )
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| Filing 102 MOTION to Substitute Party and/or Dismiss and Amend the Complaint to Replace Named Party Plaintiff Charles Andrews with Mary Andrews by Charles Andrews. (Robertson, Alyce) |
| Filing 101 Amended MOTION to Substitute Party Plaintiffs by Johnny R Burgess, Willie James Crawley, Willie L Fitzgerald, Josh Freeman, George F Greenhill, Emmitt King, Sr, Claude B Vernon, Jr. (Robertson, Alyce) |
| Filing 100 SUGGESTION OF DEATH Upon the Record as to Emmitt King, Sr., Johnny Burgess, Josh Freeman, Claude Vernon, Jr., Willie Crawley, George Greenhill, and Willie Fitzgerald by Johnny R Burgess, Willie James Crawley, Willie L Fitzgerald, Josh Freeman, George F Greenhill, Emmitt King, Sr, Claude B Vernon, Jr. (Robertson, Alyce) |
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Filing 99
ORDER granting #98 Motion for enlargement of time to supplement their Rule 26(a)(1) initial disclosures; plas have an add'l 15 days to supplement initial disclosures for these two plas. Signed by Judge Inge P Johnson on 5/5/08. (ASL, )
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| Filing 98 Amended MOTION for Extension of Time to Supplement Their Rule 26(a)(1) Initial Disclosures by Clara B Cowley, Otis Neloms. (O'Connor, Mary) |
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Filing 97
ORDER granting in part and denying in part #93 Motion to substitute and dismiss party plas; all claims of plas George Felton, Margaret Smith, Hollis Isbell, Tom Haney, Jo C. Montgomery, Alonzo Thompson, Sheryle Bracy, Charles Carter, and Darlene Goodloe against dft are DISMISSED WITH PREJUDICE; said motion is DENIED without prejudice to plas' right to properly and timely file suggestions of death for plas in question.. Signed by Judge Inge P Johnson on 5/2/08. (ASL, )
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Filing 96
ORDER denying #94 Motion for enlargement of time to supplement their Rule 26(a)(1) intitial disclosures. Signed by Judge Inge P Johnson on 5/2/08. (ASL, )
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| Filing 95 RESPONSE in Opposition re #93 MOTION to Substitute Party and Dismiss Party Plaintiffs filed by Occidental Chemical Corporation. (Wetmore, Michael) |
| Filing 94 MOTION for Extension of Time to Supplement Their Rule 26(a)(1) Initial Disclosures by Clara B Cowley, Otis Neloms. (Robertson, Alyce) |
| Filing 93 MOTION to Substitute Party and Dismiss Party Plaintiffs by Charles Andrews, Sheryle Y Bracy, Johnny R Burgess, Charles L Carter, Willie James Crawley, George W Felton, Willie L Fitzgerald, Josh Freeman, Darlene Goodloe, George F Greenhill, Thomas L Haney, Hollis Isbell, Emmitt King, Sr, Jo C Montgomery, Margaret Smith, Alonzo Thompson, Claude B Vernon, Jr. (Robertson, Alyce) |
| Filing 92 NOTICE by Occidental Chemical Corporation of Change of Firm Name and Email Addresses (Curtis, William) |
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Filing 91
ORDER granting in part, denying in part and finding as moot in part #81 motion to compel and #86 second motion to compel. Signed by Judge Inge P Johnson on 4/15/08. (ASL, )
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| Filing 90 Defendant Occidental Chemical Corporation's Addendum to Joint Report of the Parties filed by Occidental Chemical Corporation. (Wetmore, Michael) Modified on 4/14/2008 (ASL, ). |
| Filing 89 Joint Report of the Parties per Order filed 3/4/2008 (Court Doc. #84) filed by Occidental Chemical Corporation. (Wetmore, Michael) Modified on 4/14/2008 (ASL, ). |
| Filing 88 RESPONSE in Opposition re #86 Second MOTION to Compel Plaintiffs To Supplement Discovery Responses filed by plas. (Jones, Rhon) Modified on 4/9/2008 (ASL, ). |
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Filing 87
ORDER re #86 MOTION to Compel filed by Occidental Chemical Corporation; plas are ordered to respond to said motion to compel w/i 5 days. Signed by Judge Inge P Johnson on 4/7/08. (ASL, )
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| Filing 86 Second MOTION to Compel Plaintiffs To Supplement Discovery Responses by Occidental Chemical Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O)(Curtis, William) |
| Filing 85 NOTICE of Hearing: Docket Call set for 4/17/2008 09:00 AM before Judge Inge P Johnson. (Attachments: #1 Exhibit motion docket instructions)(TLM, ) |
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Filing 84
ORDER re #81 MOTION to Compel Plaintiffs to Supplement Rule 26(A) Disclosures and Responses to Interrogatories and Requests for Admission filed by Occidental Chemical Corporation; dft's motion is set for hearing on court's motion docket of 4/17/2008 09:00 AM in Bham AL; prior to said date and time, parties are ORDERED to meet in good faith and attempt to resolve their latest dispute as set out. Signed by Judge Inge P Johnson on 3/4/08. (ASL, )
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| Filing 83 RESPONSE to Motion re #81 MOTION to Compel Plaintiffs to Supplement Rule 26(A) Disclosures and Responses to Interrogatories and Requests for Admission MOTION to Compel Plaintiffs to Supplement Rule 26(A) Disclosures and Responses to Interrogatories and Requests for Admission MOTION to Compel Plaintiffs to Supplement Rule 26(A) Disclosures and Responses to Interrogatories and Requests for Admission MOTION to Compel Plaintiffs to Supplement Rule 26(A) Disclosures and Responses to Interrogatories and Requests for Admission filed by plas. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Robertson, Alyce) Modified on 2/21/2008 (ASL, ). |
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Filing 82
ORDER re #81 MOTION to Compel filed by Occidental Chemical Corporation; plas are ordered to respond to said motion w/i 10 days. Signed by Judge Inge P Johnson on 2/11/08. (ASL, )
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| Filing 81 MOTION to Compel Plaintiffs to Supplement Rule 26(A) Disclosures and Responses to Interrogatories and Requests for Admission by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - August 17, 2007 letter from Plaintiffs#2 Exhibit B - Example Interrogatories directed to Plaintiffs#3 Exhibit C - Example Response from Plaintiffs to Defendant's Interrogatories#4 Exhibit D - Example Request for Admissions directed to Plaintiffs#5 Exhibit E - Example Response from Plaintiffs to Defendant's Request for Admissions#6 Exhibit F - Plaintiffs' Rule 26 Disclosures#7 Exhibit G - December 20, 2007 from Defendant#8 Exhibit H - January 11, 2008 letter from Plaintiffs#9 Exhibit I - January 23, 2008 letter from Defendant)(Wetmore, Michael) Additional attachment(s) added on 2/25/2008 (ASL, ). |
| Filing 80 NOTICE by Occidental Chemical Corporation re #74 Notice (Other), Notice (Other), Notice (Other) of Filing Related Court Action (Attachments: #1 Exhibit 1 - Oceana's Opposition to Occidental's Motion to Compel and Cross Motion for Protective Order#2 Exhibit 2 - Occidental's Reply in Support of Motion to Compel#3 Exhibit 3 - Oceana's Sur-Reply#4 Exhibit 4 - Minute Entry by the Honorable Judge James Robertson granting Occidental's Motion to Compel)(Curtis, William) |
| Filing 79 STATUS REPORT Joint Status Report for ESI Search Protocol by Occidental Chemical Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Curtis, William) |
| Filing 78 RESPONSE to re #77 Court Order filed by plas. (Robertson, Alyce) Modified on 12/17/2007 (ASL, ). |
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Filing 77
ORDER granting in part and denying in part #75 Motion for miscellaneous relief based on plas' failure to comply with order regarding search protocol for electronically stored information, as set out in this order. Signed by Judge Inge P Johnson on 12/4/07. (ASL, )
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| Filing 76 RESPONSE to Motion re #75 MOTION for Miscellaneous Relief Based on Plaintiffs' Failure to Comply with Prior Order Regarding Search Protocol for Electronically Stored Information filed by plas. (Attachments: #1 Exhibit 1#2 Errata 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Robertson, Alyce) Modified on 12/4/2007 (ASL, ). |
| Filing 75 MOTION for Miscellaneous Relief Based on Plaintiffs' Failure to Comply with Prior Order Regarding Search Protocol for Electronically Stored Information by Occidental Chemical Corporation. (Attachments: #1 Exhibit A - Proposed Search Strings#2 Exhibit B - Letter dated 9-24-2007#3 Exhibit C - Letter dated 6-28-2007#4 Exhibit D - Letter dated 7-19-2007#5 Exhibit E - Letter dated 7-30-2007#6 Exhibit F - Letter dated 9-24-2007#7 Exhibit G - Letter dated 9-27-2007#8 Exhibit H - Letter dated 11-12-2007)(Curtis, William) |
| Filing 74 NOTICE by Occidental Chemical Corporation of Filing Related Court Action (Attachments: #1 Exhibit 1 - Defendant's Motion to Compel Non-Party Oceana, Inc. to Comply with Subpoena#2 Exhibit A - Second Amended Complaint#3 Exhibit B - Oceana Advertisement#4 Exhibit C - TimesDaily Article#5 Exhibit D - Oceana's July 2007 Report#6 Exhibit E - Subpoena#7 Exhibit F - Proof of Service#8 Exhibit G - Oceana Letter#9 Exhibit H - Letter to Bilsky#10 Exhibit I - Letter to Curtis#11 Exhibit J - Letter to Glover#12 Exhibit K - Letter to Curtis)(Curtis, William) |
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Filing 73
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Inge P Johnson on 10/31/07. (Attachments: #1 Exhibit A - Summary Judgment Scheduling ORDER)(ASL, )
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Filing 72
ORDER granting #71 Motion to Withdraw David B. Byrne, III as Attorney for plas. Signed by Judge Inge P Johnson on 10/17/07. (ASL, )
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| Filing 71 MOTION to Withdraw as Attorney of Record for Plaintiffs by David B. Byrne, III, (Byrne, David) Modified on 10/15/2007 (ASL, ). |
| Filing 70 MOTION to Enter Plaintiffs' Case Management Order by plas (Attachments: #1 Exhibit A#2 Exhibit B)(Robertson, Alyce) Modified on 10/2/2007 (ASL, ). |
| Filing 69 NOTICE by Occidental Chemical Corporation of Service of Defendant's First Request for Admissions Directed to Plaintiffs (Curtis, William) |
| Filing 68 NOTICE of Appearance by Mary Pat O'Connor on behalf of Willie Jones, George Alexander, Jr, John D Alexander, Carolyn Alford, Cynthia Y Allen, Herchial Allen, Charles L Anderson, Charles Andrews, Barbara Applewhite, Gene Aycock, Audrey Bailey, Hirman C Bailey, Martin Bailey, Jr, Ruthie A Bailey, Robert E Barber, Grace M Bates, Sharon A Baugh, James H Bean, Ronald R Bowling, Sheryle Y Bracy, Jimmy R Bradford, Bonnie L Burgess, Jr, Bonnie Lee Burgess, Sr, Charlie R Burgess, Johnny R Burgess, Larry Sr Burgess, Perry C Burgess, Shirley A Burgess, Thomas L Burgess, Deloris A Burt, Jenett Burt, Jennie Burt, Melvin L Burt, Sr, Sherry C Burt, Shirley Burt, Thomas H Burt, Delois Cal, Charley F Campbell, Linda Caperton, Charles L Carter, Nena K Chapman, Swanzetta Cheatom, Brenda D Cobb, Charles L Cobb, James E Cole, Sandra Cooper, Johnny M Cowan, Clara B Cowley, Curtis Crawley, Marion Crawley, Willie James Crawley, Nazarene T Darrough, Fred Darthard, Sr, Joyce W Davis, Marilyn G Davis, Walter J Davis, Edward B Dixon, Reja O Doss, Mildred E Eggleston, Odessa Eggleston, Percy Eggleston, George W Felton, Myrtle L Fields, Fachia Files, First Baptist Church of Shoals City, Willie L Fitzgerald, Doris C Flint, Billy H Ford, Betty Fort, Concettia H Fort, Lillie M Fort, Willie J Fort, Josh Freeman, Katie R Freeman, Terrence Freeman, David Fuqua, Leo Fuqua, Willie L Fuqua, Paul Gholston, Rosie Gholston, Walter L Gholston, Elizabeth I Goode, Glenda F Goode, Darlene Goodloe, Marvin R Goodloe, Yolanda Goodloe, Brenda E Goodwin, George Granville, George F Greenhill, Edna Hamilton, Alma Hampton, Thomas L Hampton, Virginia Hampton, Walter Hampton, Thomas L Haney, Mary L Harris, Russell Harris, John L Hayes, Romelia C Hogan, Leo Hollingsworth, Sr, Gwendolyn Hood, Ester Horrison, Doris L Howard, Lydia F Howard, Leotha Ingram, Jr, Hollis Isbell, Craig Jackson, James L Jackson, Jerita Jackson, Walter Jackson, Jr, Albert L Jarmon, Charles Jarmon, Janice Jarmon, Sabrina Jarmon, Veronica Jarmon, Barbara Johnson, Governor O Johnson, Jr, Irene Johnson, Linda M Johnson, Willie Johnson, Jr, Gary D Jones, John Jones, Jr, Rosie L Jones, Ruby E Jones, Ruby Elaine Jones, Willie B Jones, Percy L Kimbrough, David King, Devon King, Emmitt King, Jr, Emmitt King, Sr, Glenda W King, Janice H King, Kent King, Willie H King, Doris Knox, Michael W Landers, Gary L Ledlow, Carol A Lesley, Dean Lesley, Dickey G Lesley, William R Lewis, Kenny D Liles, Rhonda Lindsey, Jessie J Little, Joseph Little, Sr, Katrina Little, Mark Little, Willie J Little, Sr, Henry M Long, Sherry Long, Lillian T Mars, Lorene Martin, Marion L Martin, Mary G Mastin, Andrew J Mayes, John R Mayes, Mildred Mayes, Ester McAfee, Elizabeth McDaniel, Charlie McDuffle, Jr, Emma McGaha, Margaret McNeece, Edna T McPherson, Michael Meade, Shirley Meadows, Sadell Meredith, Weston C Metcalf, Marion D Mims, Sabrina Mitchell, Sarah W Mitchell, Wanda R Mitchell, Jo C Montgomery, Ella Moss, Gail W Mullens, Isaiah Neloms, Jr, Isaiah Neloms, III, Otis Neloms, Percy L Neloms, Simon Neloms, William M Neloms, Clyde W Newsome, Robert Newsome, Jr, Towanda Nixon, Gloria Oliver, Marie Owen, Andrew Pearsall, Mattie Penn, Natalie B Peters, Dorothy L Phillips, Riverside Texaco, Edward W Phillips, Scott G Phillips, Willie Phillips, Zela M Phillips, Robert Poellnitz, Patricia Pounders, Howard Pratt, Bobby A Pruitt, Edgar E Pruitt, Karel Pruitt, Shelia Pullen, Mariko Redcross, Riley D Reels, Mary H Ricks, Richard Ricks, William D Ricks, Beverly Ross, Judge D Royal, Mattie Russell, Queen E Rutland, Ollie Sanders, Jr, Virginia K Sanders, Lugertha Sharpley, Bessie Smith, Dora B Smith, Horace J Smith, Larry D Smith, Margaret Smith, Rosa Smith, Vinson T Smith, William M Smith, Robert E Speegle, Richard C Stanley, Kenneth Stowe, Lucille B Suttle, Patricia G Terry, Lucille P Thomas, Alonzo Thompson, Aneitha Thompson, Annie P Thompson, Cecelia Thompson, Claiborn B Thompson, Leatha A Thompson, Robert E Thompson, Tammie Tidwell, Dayle A Turner, Nazery B Turner, Claude B Vernon, Jr, Charles E Vess, Donna Vinson, Greg Vinson, Nellie P Vinson, Hilda B Warren, Mildred W Warren, Minnie L Warren, Frank Watson, David Watts, Dexter B Watts, Oscar O Watts, Jr, Oscar O Watts, III, Michael Weakley, Ollie Weaver, Rosie L West, Patsy White, Annie R Whiteside, Carol A Whiteside, Eddie Whiteside, James Whiteside, Jr, Terilyn Whiteside, John A Williams, Lula M Williams, Ruthie P Williams, Riley L Young, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen (O'Connor, Mary) |
| Filing 67 NOTICE of Appearance by Mark Englehart on behalf of Willie Jones, George Alexander, Jr, John D Alexander, Carolyn Alford, Cynthia Y Allen, Herchial Allen, Charles L Anderson, Charles Andrews, Barbara Applewhite, Gene Aycock, Audrey Bailey, Hirman C Bailey, Martin Bailey, Jr, Ruthie A Bailey, Robert E Barber, Grace M Bates, Sharon A Baugh, James H Bean, Ronald R Bowling, Sheryle Y Bracy, Jimmy R Bradford, Bonnie L Burgess, Jr, Bonnie Lee Burgess, Sr, Charlie R Burgess, Johnny R Burgess, Larry Sr Burgess, Perry C Burgess, Shirley A Burgess, Thomas L Burgess, Deloris A Burt, Jenett Burt, Jennie Burt, Melvin L Burt, Sr, Sherry C Burt, Shirley Burt, Thomas H Burt, Delois Cal, Charley F Campbell, Linda Caperton, Charles L Carter, Nena K Chapman, Swanzetta Cheatom, Brenda D Cobb, Charles L Cobb, James E Cole, Sandra Cooper, Johnny M Cowan, Clara B Cowley, Curtis Crawley, Marion Crawley, Willie James Crawley, Nazarene T Darrough, Fred Darthard, Sr, Joyce W Davis, Marilyn G Davis, Walter J Davis, Edward B Dixon, Reja O Doss, Mildred E Eggleston, Odessa Eggleston, Percy Eggleston, George W Felton, Myrtle L Fields, Fachia Files, First Baptist Church of Shoals City, Willie L Fitzgerald, Doris C Flint, Billy H Ford, Betty Fort, Concettia H Fort, Lillie M Fort, Willie J Fort, Josh Freeman, Katie R Freeman, Terrence Freeman, David Fuqua, Leo Fuqua, Willie L Fuqua, Paul Gholston, Rosie Gholston, Walter L Gholston, Elizabeth I Goode, Glenda F Goode, Darlene Goodloe, Marvin R Goodloe, Yolanda Goodloe, Brenda E Goodwin, George Granville, George F Greenhill, Edna Hamilton, Alma Hampton, Thomas L Hampton, Virginia Hampton, Walter Hampton, Thomas L Haney, Mary L Harris, Russell Harris, John L Hayes, Romelia C Hogan, Leo Hollingsworth, Sr, Gwendolyn Hood, Ester Horrison, Doris L Howard, Lydia F Howard, Leotha Ingram, Jr, Hollis Isbell, Craig Jackson, James L Jackson, Jerita Jackson, Walter Jackson, Jr, Albert L Jarmon, Charles Jarmon, Janice Jarmon, Sabrina Jarmon, Veronica Jarmon, Barbara Johnson, Governor O Johnson, Jr, Irene Johnson, Linda M Johnson, Willie Johnson, Jr, Gary D Jones, John Jones, Jr, Rosie L Jones, Ruby E Jones, Ruby Elaine Jones, Willie B Jones, Percy L Kimbrough, David King, Devon King, Emmitt King, Jr, Emmitt King, Sr, Glenda W King, Janice H King, Kent King, Willie H King, Doris Knox, Michael W Landers, Gary L Ledlow, Carol A Lesley, Dean Lesley, Dickey G Lesley, William R Lewis, Kenny D Liles, Rhonda Lindsey, Jessie J Little, Joseph Little, Sr, Katrina Little, Mark Little, Willie J Little, Sr, Henry M Long, Sherry Long, Lillian T Mars, Lorene Martin, Marion L Martin, Mary G Mastin, Andrew J Mayes, John R Mayes, Mildred Mayes, Ester McAfee, Elizabeth McDaniel, Charlie McDuffle, Jr, Emma McGaha, Margaret McNeece, Edna T McPherson, Michael Meade, Shirley Meadows, Sadell Meredith, Weston C Metcalf, Marion D Mims, Sabrina Mitchell, Sarah W Mitchell, Wanda R Mitchell, Jo C Montgomery, Ella Moss, Gail W Mullens, Isaiah Neloms, Jr, Isaiah Neloms, III, Otis Neloms, Percy L Neloms, Simon Neloms, William M Neloms, Clyde W Newsome, Robert Newsome, Jr, Towanda Nixon, Gloria Oliver, Marie Owen, Andrew Pearsall, Mattie Penn, Natalie B Peters, Dorothy L Phillips, Riverside Texaco, Edward W Phillips, Scott G Phillips, Willie Phillips, Zela M Phillips, Robert Poellnitz, Patricia Pounders, Howard Pratt, Bobby A Pruitt, Edgar E Pruitt, Karel Pruitt, Shelia Pullen, Mariko Redcross, Riley D Reels, Mary H Ricks, Richard Ricks, William D Ricks, Beverly Ross, Judge D Royal, Mattie Russell, Queen E Rutland, Ollie Sanders, Jr, Virginia K Sanders, Lugertha Sharpley, Bessie Smith, Dora B Smith, Horace J Smith, Larry D Smith, Margaret Smith, Rosa Smith, Vinson T Smith, William M Smith, Robert E Speegle, Richard C Stanley, Kenneth Stowe, Lucille B Suttle, Patricia G Terry, Lucille P Thomas, Alonzo Thompson, Aneitha Thompson, Annie P Thompson, Cecelia Thompson, Claiborn B Thompson, Leatha A Thompson, Robert E Thompson, Tammie Tidwell, Dayle A Turner, Nazery B Turner, Claude B Vernon, Jr, Charles E Vess, Donna Vinson, Greg Vinson, Nellie P Vinson, Hilda B Warren, Mildred W Warren, Minnie L Warren, Frank Watson, David Watts, Dexter B Watts, Oscar O Watts, Jr, Oscar O Watts, III, Michael Weakley, Ollie Weaver, Rosie L West, Patsy White, Annie R Whiteside, Carol A Whiteside, Eddie Whiteside, James Whiteside, Jr, Terilyn Whiteside, John A Williams, Lula M Williams, Ruthie P Williams, Riley L Young, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen (Englehart, Mark) |
| Filing 66 Joint MOTION to Amend/Correct the Case Management Order by Occidental Chemical Corporation. (Curtis, William) |
| Filing 65 MOTION to Amend/Correct and Enter Defendant's Case Management Order by Occidental Chemical Corporation. (Attachments: #1 Exhibit 1)(Curtis, William) |
| Filing 64 Defendant's ANSWER to Amended Complaint by Occidental Chemical Corporation.(Curtis, William) |
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Filing 63
ORDER pursuant to conference call, scheduling conference set for 9/13/07 is CANCELED; parties are ordered to submit proposed scheduling order in word perfect format to chambers e-mail on or before 9/21/07, if any aspects of scheduling order remain unresolved, they will be considered at a hearing on 10/2/2007 at 12:00 PM. Signed by Judge Inge P Johnson on 9/12/07. (ASL, )
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| Filing 62 NOTICE by Occidental Chemical Corporation of Service of Discovery Documents (Curtis, William) |
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Filing 61
ORDER granting #60 MOTION for a Scheduling Conference filed by plas. Scheduling Conference set for 9/13/2007 11:00 AM before Judge Inge P Johnson. Signed by Judge Inge P Johnson on 9/7/07. (ASL, )
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| Filing 60 Plaintiffs' Motion For A Scheduling Conference (Robertson, Alyce) Modified on 9/6/2007 (ASL, ). |
| Filing 59 AMENDED COMPLAINT (Second Amended Complaint) against Occidental Chemical Corporation, filed by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen.(Robertson, Alyce) |
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Filing 58
ORDER that plas refile second amended complaint depicting style of case in accordance with Rule 10(a) of the FRCP. Signed by Judge Inge P Johnson on 9/5/07. (ASL, )
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| Filing 57 AMENDED COMPLAINT (Second Amended Complaint) against Occidental Chemical Corporation, filed by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen.(Robertson, Alyce) |
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Filing 56
ORDER granting #52 Motion to amend complaint to voluntarily dismiss class allegations without prejudice and to proceed with individual claims; granting #53 Motion to amend complaint to dismiss individual party dfts and to add party plas; plas shall e-file amended complaint separately forthwith. Signed by Judge Inge P Johnson on 9/4/07. (ASL, )
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Filing 55
ORDER granting #54 Motion to substitute to correct clerical error. Signed by Judge Inge P Johnson on 9/4/07. (ASL, )
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| Filing 54 MOTION to Amend/Correct Clerical Error by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Attachments: #1 Second Amended Complaint)(Robertson, Alyce) |
| Filing 53 MOTION to Amend/Correct complaint to voluntarily dismiss class allegations without prejudice and to proceed with individual claims by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) Modified on 8/31/2007 - deemed filed 8/30/07 - document originally filed incorrect (ASL, ). |
| Filing 52 MOTION to Amend/Correct to dismiss individual party defendants and to add party plaintiffs by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) Additional attachment(s) added on 8/31/2007 (ASL, ). Modified on 8/31/2007 - deemed filed 8/30/07 - document orginally filed incorrect (ASL, ). |
| Filing 51 NOTICE by Occidental Chemical Corporation of Sevice of Defendant's Responses to Plaintiffs' First Interrogatories and Request for Production of Documents (Curtis, William) |
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Filing 50
ORDER granting #49 joint motion for enlargement of time to amend pleadings and join additional parties, parties are allowed until 8/30/07 to amend pleadings and join additional parties . Signed by Judge Inge P Johnson on 8/17/07. (ASL, )
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| Filing 49 Joint MOTION for Extension of Time to Amend #46 Order on Motion for Extension of Time to Amend, Pleadings and Joint Additional Parties by Willie Jones, Occidental Chemical Corporation, David Ryskoski, Anita Mitchell, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) |
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Filing 48
STIPULATED PROTECTIVE ORDER granting #47 Motion for Protective Order regarding disclosure of confidential material as set out in this order. Signed by Judge Inge P Johnson on 8/15/07. (ASL, )
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| Filing 47 Joint MOTION for Protective Order by Willie Jones, Occidental Chemical Corporation, David Ryskoski, Anita Mitchell, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Attachments: #1 Exhibit A - Stipulated Protective Order)(Robertson, Alyce) |
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Filing 46
ORDER granting #45 joint motion for enlargement of time to amend pleadings and join additional parties; deadline for amending the pleadings and/or joining additional parties is extended until 8/16/07 . Signed by Judge Inge P Johnson on 8/2/07. (ASL, )
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| Filing 45 Joint MOTION for Extension of Time to Amend Pleadings and Join Additional Parties by Willie Jones, Occidental Chemical Corporation, David Ryskoski, Anita Mitchell, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) |
| Filing 44 NOTICE by Occidental Chemical Corporation of Service of Defendants' First Set of Interrogatories and First Request for Production of Documents Directed to Plaintiff Riverside Texaco (Curtis, William) |
| Filing 43 NOTICE by Occidental Chemical Corporation of Service of Defendants' First Set of Interrogatories and First Request for Production of Documents Directed to Plaintiffs Hazel I. Cox, James R. Harris, Walter J. Jackson, Willie Jones, Gladys Pullen, and Carlos G. McMullins (Curtis, William) |
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Filing 42
ORDER REGARDING SEARCH PROTOCOL AND PRODUCTION FORMAT FOR ELECTRONICALLY STORED INFORMATION by agreement of the parties, as set out. Signed by Judge Inge P Johnson on 6/6/07. (ASL, )
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| Filing 41 TRANSCRIPT of hearing proceedings held on 4/26/07 before Judge Inge P. Johnson. Court Reporter: Leah S. Turner. [Contact court reporter for copy of transcript] (ASL, ) |
| Filing 40 ANSWER to Amended Complaint by Occidental Chemical Corporation, Anita Mitchell, David Ryskoski.(Curtis, William) Modified on 5/31/2007 (ASL, ). |
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Filing 39
ORDER pursuant to a request made by conference call, it is hereby ORDERED that the parties have until 6/5/2007 to submit their proposed order regarding search protocol and production format for electronically stored information. Signed by Judge Inge P Johnson on 5/24/2007. (KSS, )
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Filing 38
ORDER granting #37 Motion for Leave to File Answer Out of Time, dfts shall file their answer on or before 5/30/2007 . Signed by Judge Inge P Johnson on 5/21/2007. (KSS, )
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| Filing 37 Consent MOTION for Leave to File Answer Out Of Time by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (Curtis, William) |
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Filing 36
SCHEDULING ORDER Discovery due by 7/25/2008. Dispositive Motions due by 8/8/2008. Pretrial Conference set for 10/29/2008 in Florence, AL. Jury Trial set for 11/17/2008 09:00 AM before Judge Inge P Johnson in Florence, AL and other time limits as set out in this order. Signed by Judge Inge P Johnson on 5/15/07. (Attachments: #1 Exhibit A - Summary Judgment Scheduling ORDER)(ASL, ) Additional attachment(s) added on 5/16/2007 (ASL, ).
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Filing 35
ORDER granting #34 joint motion for enlargement of time to submit proposed order regarding ESI search protocol and production format; parties have until 5/24/07 . Signed by Judge Inge P Johnson on 5/14/07. (ASL, )
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| Filing 34 Joint MOTION for Extension of Time to Submit Proposed Order Regarding ESI Search Protocol and Production Format by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) |
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Filing 33
ORDER REGARDING PRESERVATION OF EVIDENCE-parties ORDERED to meet and confer to develop a list of key Occidental employee custodians for whom Occidental will be required to forensically image the company-owned computers to preserve the active and residual ESI; further ORDERED that parties shall have the right to seek modification of this order if it should appear its implementation shall become unduly burdensome for them;parties ORDERED to submit a proposed order regarding the search protocol and production format for electronically stored information at the same time they submit an agreed scheduling order. Signed by Judge Inge P Johnson on 5/7/07. (MAA, )
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| PHV Fee paid: $ 50, receipt number 200 235892 for Arthur Smith (ASL, ) |
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Filing 32
ORDER denying #16 Motion to Dismiss first amended complaint; granting motion to dismiss plas' fraud claim, plas' fraud claim is DISMISSED WITHOUT PREJUDICE; parties shall submit proposed scheduling order on or before 5/14/07. Signed by Judge Inge P Johnson on 4/26/07. (ASL, )
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Filing 31
ORDER granting #30 Motion for attorney Arthur L. Smith to be admitted pro hac vice; subject to payment of the fee. Signed by Judge Inge P Johnson on 4/24/07. (ASL, )
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| Filing 30 MOTION for Limited Admission for Arthur L. Smith by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (Alston, Michael) |
| Filing 29 NOTICE of Appearance by R Leland Lesley on behalf of Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen (Lesley, R) |
| Filing 28 NOTICE of Appearance by William J Curtis on behalf of Occidental Chemical Corporation, David Ryskoski, Anita Mitchell (Curtis, William) |
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Filing 27
ORDER re #25 Report of Rule 26(f) Planning Meeting; scheduling conference will be held immediately after hearing scheduled for 4/26/07 in Florence, AL; parties are further ordered to be prepared to discuss mediation. Signed by Judge Inge P Johnson on 4/16/07. (ASL, )
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Filing 26
ORDER re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell; said motion to dismiss will be heard on 4/26/2007 at 09:00 AM before Judge Inge P Johnson in Florence, AL. Signed by Judge Inge P Johnson on 4/10/07. (ASL, )
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| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Robertson, Alyce) |
| Filing 24 NOTICE of Appearance by David B Byrne, III on behalf of Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen (Byrne, David) |
| Filing 23 REPLY to Response to Motion re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (Curtis, William) |
| Filing 22 SUMMONS Returned Executed as to dft David Ryskoski (ASL, ) |
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Filing 21
ORDER it is ORDERED by the court that the dfts are allowed until 4/6/2007, to reply to the plas' response to the dfts' motion to dismiss . Signed by Judge Inge P Johnson on 3/27/2007. (KSS, )
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| Filing 20 RESPONSE in Opposition re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) |
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Filing 19
ORDER re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint, it is hereby ORDERED that plaintiffs respond to said motion within 14 days from the entry of this order. Signed by Judge Inge P Johnson on 3/12/2007. (KSS, )
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| Filing 18 Summons and amended complaint issued as to David Ryskoski, mailed certified mail (ASL, ) |
| Filing 17 Brief re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (Curtis, William) |
| Filing 16 MOTION to Dismiss Plaintiffs' First Amended Complaint by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (Curtis, William) |
| Filing 15 Request for service by certified mail filed by Willie Jones, Riverside Texaco, Carlos G McMullins, Hazel I Cox, James R Harris, Walter J Jackson, Gladys Pullen. (Robertson, Alyce) |
| PHV Fee paid: $ 200.00, receipt number 200 234083 (ASL, ) |
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Filing 14
ORDER granting #13 Motion for attys Michael H. Wetmore, William J. Curtis, Robyn D. Buck, and John K. Power to appear pro hac vice; subject to payment of the fees. Signed by Judge Inge P Johnson on 2/22/07. (ASL, )
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| Filing 13 MOTION for Limited Admission Motion for Admission Pro Hac Vice by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (Alston, Michael) |
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Filing 12
ORDER that hearing previously set for February 27, 2007, is CANCELED. Signed by Judge Inge P Johnson on 2/15/07. (ASL, )
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Filing 11
ORDER SETTING TRIAL Pretrial Conference set for 9/24/2007 in Bham AL. Jury Trial set for 10/15/2007 09:00 AM before Judge Inge P Johnson in Bham AL; parties are ordered to submit report of parties' planning in accord with this trial date. Signed by Judge Inge P Johnson on 2/15/07. (ASL, )
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| Filing 10 RESPONSE to re #6 the Court's Order Setting Hearing and Notice of Consent to Federal Jurisdiction Under CAFA filed by Willie Jones, Riverside Texaco, Gladys Pullen. (Robertson, Alyce) |
| Filing 9 AMENDED COMPLAINT against Occidental Chemical Corporation, David Ryskoski, Anita Mitchell, filed by Willie Jones, Riverside Texaco, Gladys Pullen.(Robertson, Alyce) |
| Filing 8 NOTICE by Occidental Chemical Corporation Filing Proof of Notice of Removal in State Court (Attachments: #1 Supplement Notice of Removal to State Court)(Alston, Michael) |
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Filing 7
ORDER granting #5 Motion for extension of time to respond to plas' complaint; dfts have until 3/9/07 in which to file a response . Signed by Judge Inge P Johnson on 2/12/07. (ASL, )
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Filing 6
ORDER re #1 Notice of Removal ; Evidentiary Hearing set for 2/27/2007 01:30 PM before Judge Inge P Johnson.. Signed by Judge Inge P Johnson on 2/12/07. (ASL, )
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| Filing 5 MOTION for Extension of Time to respond to pla's complaint by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell. (MAA, ) |
| Filing 4 NOTICE of Corporate Disclosure by Occidental Chemical Corporation (MAA, ) |
| Filing 3 Memorandum to Clek regarding filing of notice of removal in state court(MAA, ) |
| Filing 2 NOTICE of Appearance by Michael K Alston on behalf of Occidental Chemical Corporation, David Ryskoski, Anita Mitchell (MAA, ) |
| Filing 1 NOTICE OF REMOVAL by Occidental Chemical Corporation, David Ryskoski, Anita Mitchell, from Circuit Court Colbert County, Alabama, case number CV07-12. ( Filing fee $ 350.00 Receipt 200 233664 )(MAA, ) |
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