Tyler Dancer, et al v. USA, et al
| TYLER DANCER, Representative for the estate of Michael Chandler, DEANN WINFIELD, Representative for the estate of Laprace Stegall, SHAPRACE STEGALL, next friend of J.W., next friend of A.D., MIKEL LUCAS, next friend of mekS.L., SHANNIKA LUCAS, next friend of S.L., CEDRIC HUNTLEY, next friend of C.H., DEVIN PARKER, next friend of A.L., next friend of X.L., ALISA WATKINS, next friend of A.M., DURLAHN ROLSTONE, SR., next friend of D.R., BRITNEY JOHNSON, Individually, next friend of B.K., next friend of D.R., ANTANEISHA FOX, TYRELL L. LAGRONE, next friend of A.L., BRANDI CRAWFORD, Individually, THOMAS W. CRAWFORD, Individually, DEANDRE JORDAN, Individually, MELBA PARKER, Individually, DORI WORD, Individually, KIMBERLY BRONSON, Individually, CHERYL BRONSON, Individually, JENNY DOEZCEMA, Individually, ANDRIETTA GASTON, Individually, ERLINE FIELDS, Individually, DEBORAH FIELDS, Individually, GLORIA CLOPTON, Individually, NICOLE FIELDS, Individually, BARBARA IRIS POTTER, Individually, MARY COLLINS, Individually, ODIE DANCER, JR., Individually, MICHELLE DANCER, Individually, ODIE DANCER, SR., Individually, MARY DANCER, Individually, REGINALD T. DOSS, Individually, BENJAMIN WINFIELD, Individually, PAUL J. LAMBERT, Individually, TIMOTHY D. JOHNSON, Individually, SAM DIXISON, Individually, DEVAUHNTRE BATES, Individually, NATALIE NORRIS, Individually, DELLA NICHOLS, Individually, JOE BYARS, Individually, JASMINE DAVIES, Individually, AJANI RODGERS, Individually, JAMES CUMMINGS, Individually and BARBARA CUMMINGS, Individually |
| UNITED STATES OF AMERICA, DEBRA SHORE, Environmental Protection Agency Region 5 Director, In her Official Capacity, MARTA FUOCO, MICHAEL COMPHER, GRAPHIC PACKAGING HOLDING COMPANY, GRAPHIC PACKAGING INTERNATIONAL, LLC, TOM OLSTAD, Individually and in his Official Capacity, PAUL W. MCCANN, in his Official Capacity, CITY OF KALAMAZOO, MI, DAVID F. ANDERSON, Mayor, Individually and in his Official Capacity, JIM RITSEMA, in his Official Capacity, JACK URBAN, Individually and in his Official Capacity, JAMES BAKER, Individually and in his Official Capacity, STATE OF MICHIGAN, GRETCHEN WHITMER, Governor, in her Official Capacity, SEAN MCCANN, Senator, in his Official Capacity, AARON KEATLEY, Environment Great Lakes and Energy Director, Individually and in his Official Capacity, ANDREA KEATLEY, Michigan Department of Human Health and Services, Assessment Manager, in her Official Capacity and BOBBY HOPEWELL, Individually and in his Official Capacity |
| 25-1188 |
| February 28, 2025 |
| U.S. Court of Appeals, Sixth Circuit |
| Environmental Matters |
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Filing 25
ORDER filed granting stipulation to dismiss case - mediation [ # 24 ] filed by Mr. John Robert Beason, III. Entered by order of the court. (CAW) [Entered: 04/14/2025 03:13 PM]
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| Filing 24 STIPULATION filed to dismiss pursuant to FRAP 42 and local rule 33. Stipulation filed by Attorney Mr. John Robert Beason, III for Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Certificate of Service: 04/14/2025. [25-1188] (JRB) [Entered: 04/14/2025 02:00 PM] |
| Filing 23 LOCKED - STIPULATION filed to dismiss pursuant to FRAP 42 and local rule 33. Stipulation filed by Attorney Mr. John Robert Beason, III for Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Certificate of Service: 04/11/2025. [PLEASE REFILE AS INSTRUCTED BY THE MEDIATION OFFICE] [25-1188]--[Edited 04/14/2025 by CAW] (JRB) [Entered: 04/11/2025 06:12 PM] |
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Filing 22
ORDER filed to dismiss United States, et al., as parties to this appeal based upon the civil appeal statement of parties and issued filed by appellant. This appeal only involves appellees Graphic Packaging Holding Company and Graphic Packaging International, LLC. The attached caption should be used for all future filings made with the court. (RLB) [Entered: 04/11/2025 10:31 AM]
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| Filing 21 LOCKED - STIPULATION filed to dismiss pursuant to FRAP 42 and local rule 33. Stipulation filed by Attorney Mr. John Robert Beason, III for Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Certificate of Service: 04/10/2025.[PLEASE REFILE AS INSTRUCTED BY THE MEDIATION OFFICE] [25-1188]--[Edited 04/11/2025 by CAW] (JRB) [Entered: 04/10/2025 10:38 PM] |
| Filing 20 ***DOCUMENT LOCKED - ATTORNEY BEASON AND BEASON LAW FIRM ARE NOT PARTIES TO THIS APPEAL - COUNSEL SHOULD REFILE NAMING PROPER PARTIES TO APPEAL*** CORPORATE DISCLOSURE STATEMENT. Name of Counsel: John R. Beason III ; Mr. Joe Byars makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 04/03/2025. [25-1188]--[Edited 04/07/2025 by RLB] (JRB) [Entered: 04/03/2025 12:52 PM] |
| Filing 19 ***DOCUMENT LOCKED - IMPROPERLY LISTES APPELLANTS AS "PARTIES AGAINST WHOM THIS APPEAL IS BEING TAKEN" AND DUPLICATE FILING OF #10 - THIS SHOULD NOT BE REFILED AS #10 HAS BEEN PROPERLY FILED*** CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. John Robert Beason, III for Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: Mr. Joe Byars ,TYLER DANCER; DEANN WINFIELD; SHAPRACE STEGALL; MIKEL LUCAS; SHANNIKA LUCAS; CEDRIC HUNTLEY; DEVIN PARKER; ALISA WATKINS; DURLAHN ROLSTONE SR; BRITNEY JOHNSON; ANTANEISHA FOX; TYRELL L. LAGRONE; BRANDI CRAWFORD; THOMAS CRAWFORD; DEANDRE JORDAN ; Issues: Abuse of Discretion . Certificate of Service: 04/03/2025. [25-1188]--[Edited 04/07/2025 by RLB] (JRB) [Entered: 04/03/2025 12:49 PM] |
| Filing 18 APPEARANCE filed for Appellant Mr. Joe Byars by John R. Beason III. Certificate of Service: 04/03/2025. [25-1188] (JRB) [Entered: 04/03/2025 12:36 PM] |
| Filing 17 Letter sent by Mediation Office notifying that a stipulation to dismiss is due 04/11/2025. [Failure to file correctly as instructed in our letter will cause your document to be locked and you will be asked to refile.]. (LMR) [Entered: 04/01/2025 05:16 PM] |
| Filing 16 SHOW CAUSE order filed to have Counsel John Robert Beason, III for Appellants Mr. Tyler Dancer, et al. show cause why this court should not proceed with dismissing this case for want of procesuction for failure to correctly file the appearance of counsel form, corporate disclosure statement or ordering any necessary transcripts. Response due by 04/07/2025 for Tyler Dancer. (RLB) [Entered: 03/31/2025 02:43 PM] |
| Filing 15 APPEARANCE filed for Appellees Graphic Packaging Holding Company, Graphic Packaging International, LLC, Mr. Paul W. McCann and Mr. Tom Olstad by Scott M. Watson. Certificate of Service: 03/31/2025. [25-1188] (SMW) [Entered: 03/31/2025 12:12 PM] |
| Filing 14 APPEARANCE filed for Appellees Graphic Packaging Holding Company, Graphic Packaging International, LLC, Mr. Paul W. McCann and Mr. Tom Olstad by Charles M. Denton. Certificate of Service: 03/31/2025. [25-1188] (CMD) [Entered: 03/31/2025 10:49 AM] |
| Filing 13 RESPONSE filed to the show cause, [ # 8 ]. Response filed by Attorney Mr. John Robert Beason, III for Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Certificate of Service: 03/25/2025. [25-1188] (JRB) [Entered: 03/25/2025 01:46 PM] |
| Filing 12 ******DOCUMENT LOCKED - COUNSEL TO ATTACH A SECOND PAGE LISTING ALL PARTIES REPRESENTED ON APPEAL - COUNSEL TO REFILE AND CHOOSE ALL PARTIES REPRESENTED WHEN MAKING THE DOCKET ENTRY*** CORPORATE DISCLOSURE STATEMENT. Name of Counsel: John Beason JR III ; Mr. Joe Byars makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 03/25/2025. [25-1188]--[Edited 03/25/2025 by RLB] (JRB) [Entered: 03/25/2025 01:18 PM] |
| Filing 11 ***DOCUMENT LOCKED - DUPLICATE ENTRY OF #9*** APPEARANCE filed for Appellant Mr. Joe Byars by John R. Beasn JR III. Certificate of Service: 03/25/2025. [25-1188]--[Edited 03/25/2025 by RLB] (JRB) [Entered: 03/25/2025 01:15 PM] |
| Filing 10 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. John Robert Beason, III for Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: Graphic Packaging Holding Company and Graphic Packaging International, LLC ; Issues:. Certificate of Service: 03/25/2025. [25-1188]--[Edited 04/07/2025 by RLB]--[Edited 04/07/2025 by RLB - improperly locked - this document will remain on docket] (JRB) [Entered: 03/25/2025 01:13 PM] |
| Filing 9 ***DOCUMENT LOCKED - COUNSEL TO ATTACH A SECOND PAGE LISTING ALL PARTIES REPRESENTED ON APPEAL - COUNSEL TO REFILE AND CHOOSE ALL PARTIES REPRESENTED WHEN MAKING THE DOCKET ENTRY*** APPEARANCE filed for Appellant Mr. Joe Byars by John R. Beason JR III. Certificate of Service: 03/24/2025. [25-1188]--[Edited 03/25/2025 by RLB] (JRB) [Entered: 03/25/2025 12:40 PM] |
| Filing 8 SHOW CAUSE order filed to have John Robert Beason, III, Counsel for Appellants Mr. Tyler Dancer, et al., show cause why this case should not be dismissed for want of prosecution due to failure to timely file the appearance of counsel form, civil appeal statement of parties and issues, disclosure of corporate affiliation, and transcript order. Response due by 03/21/2025 for John Robert Beason III. (RLB) [Entered: 03/18/2025 08:59 AM] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Aaron D. Lindstrom ; Graphic Packaging Holding Company and Graphic Packaging International, LLC makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Graphic Packaging International, LLC is a Delaware limited liability company which has as its sole member, Graphic Packaging International Partners, LLC. Graphic Packaging International Partners, LLC is a Delaware limited liability company with one member, Graphic Packaging Holding Company, which is a Delaware corporation and is a publicly held corporation. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No. Certificate of Service: 03/14/2025. [25-1188] (ADL) [Entered: 03/14/2025 11:33 AM] |
| Filing 5 APPEARANCE filed for Appellees Graphic Packaging Holding Company, Graphic Packaging International, LLC, Mr. Paul W. McCann and Mr. Tom Olstad by Aaron D. Lindstrom. Certificate of Service: 03/05/2025. [25-1188] (ADL) [Entered: 03/05/2025 01:14 PM] |
| Filing 4 MEDIATION OFFICE is involved in this appeal. VIDEO CONFERENCE: A Mediation conference has been scheduled for 04/01/2025 at 9:30 AM (ET) with Scott Coburn. [Please open notice for important details and deadlines.] (CAW) [Entered: 03/03/2025 01:45 PM] |
| Filing 3 The case manager for this case is now: Robin L Baker (ASM) [Entered: 02/28/2025 04:18 PM] |
| Filing 2 The case manager for this case is: Robin L. Baker (ASM) [Entered: 02/28/2025 04:15 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants Mr. Devauhntre Bates, Ms. Cheryl Bronson, Ms. Kimberly Bronson, Mr. Joe Byars, Ms. Gloria Clopton, Ms. Mary Collins, Ms. Brandi Crawford, Thomas W. Crawford, Ms. Barbara Cummings, Mr. James Cummings, Ms. Mary Dancer, Ms. Michelle Dancer, Mr. Odie Dancer, Jr., Mr. Odie Dancer, Sr., Mr. Tyler Dancer, Ms. Jasmine Davies, Mr. Sam Dixison, Ms. Jenny Doezcema, Mr. Reginald T. Doss, Ms. Deborah Fields, Ms. Erline Fields, Ms. Nicole Fields, Ms. Antaneisha Fox, Ms. Andrietta Gaston, Mr. Cedric Huntley, Ms. Britney Johnson, Timothy D. Johnson, Mr. Deandre Jordan, Mr. Tyrell L. Lagrone, Mr. Paul J. Lambert, Ms. Mikel Lucas, Ms. Shannika Lucas, Ms. Della Nichols, Ms. Natalie Norris, Mr. Devin Parker, Ms. Melba Parker, Ms. Barbara Iris Potter, Ms. Ajani Rodgers, Mr. Durlahn Rolstone, Sr., Ms. Shaprace Stegall, Ms. Alisa Watkins, Mr. Benjamin Winfield, Ms. Deann Winfield and Ms. Dori Word. Transcript needed: y. (ASM) [Entered: 02/28/2025 04:06 PM] |
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