Conservation Law Foundation, Inc. v. Shell Oil Company et al
| Conservation Law Foundation, Inc. |
| Shell Oil Company, Equilon Ent LLC doing business as Shell Oil Products US, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC and Motiva Enterprises LLC |
| 3:2021cv00933 |
| July 7, 2021 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Thomas O Farrish |
| Sarah A L Merriam |
| Environmental Matters |
| 33 U.S.C. § 1319 Clean Water Act |
| Plaintiff |
Docket Report
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Filing 112
Minute Entry. Proceedings held before Judge Thomas O. Farrish: taking under advisement #102 Motion to Compel; Motion Hearing held on 9/19/2022 re #102 MOTION to Compel filed by Shell Petroleum Inc, Equilon Ent LLC, Shell Oil Company, Motiva Enterprises LLC, Triton Terminaling LLC, Shell Trading (US) Co. Total Time: 1 hour and 5 minutes(Court Reporter Court Smart.) (Wood, R.)
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NOTICE regarding hearing via Zoom: The Hybrid Motion hearing scheduled for 9/19/22 at 10:30 a.m. will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1600112117?pwd=VFRsVm01bUFLZXlSZjNEcEQ3R0g2QT09 and call in number is 1 646 828 7666.Meeting ID: 160 011 2117 Meeting Password: 764054 The public may also join by following the zoom video link. Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Wood, R.)
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Filing 111
RULING. For the reasons stated in the attached Ruling, defendants' #50 Motion to Dismiss Amended Complaint is GRANTED, in part, and DENIED, in part. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/16/2022. (Katz, S.)
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Filing 110
NOTICE of Appearance by Roy D Prather, III on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Prather, Roy)
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Filing 109
Memorandum in Opposition re #102 MOTION to Compel filed by Conservation Law Foundation, Inc.. (Attachments: #1 Exhibit A)(St. Pierre, Alexandra)
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Filing 108
NOTICE of Appearance by James Crowley on behalf of Conservation Law Foundation, Inc. (Crowley, James)
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Filing 107
ORDER granting #106 Motion for Attorney Roy D. Prather to Appear Pro Hac Vice. Certificate of Good Standing due by 11/12/2022. Signed by Clerk on 9/13/2022. (Oliver, T.)
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Filing 106
MOTION for Attorney(s) Roy D. Prather to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7065598) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Attachments: #1 Affidavit Declaration of Roy D. Prather III)Motions referred to Thomas O. Farrish(Craven, James)
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Filing 105
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 9/19/2022 at 9:30 AM in East Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish, re: 102 MOTION to Compel by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Wood, R.)
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Filing 104
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 9/13/2022. A Settlement Conference is set for 10/5/2022 at 10:00 a.m. at 915 Lafayette Blvd.,Courtroom 435, 4th Floor, Bridgeport, CT before Judge S. Dave Vatti. (Ellis, Bernadette)
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Filing 103
Memorandum in Support re #102 MOTION to Compel filed by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Attachments: #1 Exhibit A to Memo ISO Defendants' Motion to Compel, #2 Exhibit B to Memo ISO Defendants' Motion to Compel, #3 Exhibit C to Memo ISO Defendants' Motion to Compel, #4 Exhibit D to Memo ISO Defendants' Motion to Compel, #5 Exhibit E to Memo ISO Defendants' Motion to Compel, #6 Exhibit F to Memo ISO Defendants' Motion to Compel, #7 Exhibit G to Memo ISO Defendants' Motion to Compel, #8 Exhibit H to Memo ISO Defendants' Motion to Compel, #9 Exhibit I to Memo ISO Defendants' Motion to Compel)(Morgan, Megan)
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Filing 102
MOTION to Compel by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC.Responses due by 9/14/2022 (Attachments: #1 Exhibit A to Defendants' Motion to Compel)Motions referred to Thomas O. Farrish(Morgan, Megan)
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Filing 101
SCHEDULING ORDER. The Court adopts the following schedule as reasonable and appropriate to serve the purposes of Fed. R. Civ. P. 1:* All fact discovery will be completed (not propounded) by December 16, 2022. To ensure that this deadline is met, all written discovery requests related to fact discovery must be propounded on or before October 2, 2022.* Unless otherwise ordered, any party intending to call an expert witness must comply with Fed. R. Civ. P. 26(a)(2). Parties must designate any trial experts and provide opposing counsel with reports from retained experts pursuant to Fed. R. Civ. P. 26(a)(2) on any issues on which they bear the burden of proof by December 12, 2022. Depositions of any such experts must be completed by July 28, 2023. Parties must designate all trial experts and provide opposing counsel with reports from retained experts pursuant to Fed. R. Civ. P. 26(a)(2) on any issues on which they do not bear the burden of proof by March 10, 2023. Depositions of such experts must be completed by July 28, 2023. Rebuttal expert reports, if any, shall be disclosed on or before May 19, 2023. Depositions of any such experts must be completed by July 28, 2023. Any motion related to preclusion of an expert must be filed by August 11, 2023.* Requests for admission are limited to twenty in number (including subsections) unless otherwise ordered by the Court. All requests for admission must be propounded by August 11, 2023.* Any motion for summary judgment or for judgment on the pleadings must be filed no later than November 17, 2023.* A joint trial memorandum shall be filed on or before January 5, 2024, or 30 days after a ruling is issued on any summary judgment motion, whichever is later. Counsel signing the memorandum must certify that it is the product of consultation between the lawyers who will be trying the case.* Joint status reports addressing all matters listed on pp. 5-6 of ECF No. 52 shall be filed every three months beginning November 12, 2022. If a motion for summary judgment has been filed, or a firm trial date has been set, no further status reports are required.Given the generous nature of this schedule, the Court does not anticipate granting further extensions of these deadlines absent extraordinary and truly unforeseeable circumstances. It is so ordered. Signed by Judge Thomas O. Farrish on 8/23/22.(Wood, R.)
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Filing 100
ORDER granting #99 Joint Motion to Amend Scheduling Order, for good cause shown. The need to align discovery in this case with the schedule recently ordered by Judge Almond in the parties' earlier-filed Rhode Island action is a circumstance that was "not reasonably foreseeable when the parties submitted their proposed case management plan." D. Conn. L. Civ. R. 16(b). An amended scheduling order will enter separately. Signed by Judge Thomas O. Farrish on 8/23/22. (Wood, R.)
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Filing 99
Joint MOTION to Amend/Correct #52 Scheduling Order, by Conservation Law Foundation, Inc..Responses due by 9/9/2022 (Attachments: #1 Exhibit Proposed Amended Scheduling ORder and Case Management Plan)Motions referred to Thomas O. Farrish(Raymond, Chance)
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Filing 98
ORDER denying without prejudice to renewal #84 Motion to Compel; terminating as moot #85 Motion to Seal in light of the disposition of the motion at ECF No. 84, also without prejudice to renewal. Signed by Judge Thomas O. Farrish on 8/15/22. (Wood, R.)
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Filing 97
Minute Entry for proceedings held before Judge Thomas O. Farrish: Telephonic Status Conference held on 8/15/2022. Time 10 minutes(Court Reporter Court Smart.) (Wood, R.)
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Filing 96
Memorandum of Status Conference. The Court conducted a status conference today, at which the parties' counsel elaborated on the scheduling proposal set forth in their Joint Status Report dated August 12, 2022. (ECF No. 95.) They confirmed that their proposal does not contemplate extending or otherwise amending the existing dates for completion of all discovery, motions relating to the preclusion of expert witnesses, dispositive motions, or submission of the joint trial memorandum. They reaffirmed their commitment to keeping those dates, and to working diligently to make sure they do not need to be altered in the future. The undersigned directed the parties to put their proposal into a Joint Motion to Amend the Scheduling Order, to include their proposals with respect to all of the interim dates in the existing order (ECF No. 52), by August 19, 2022.Both parties expect that ongoing discovery, both in this case and in their District of Rhode Island case, will likely change the character and scope of the Plaintiff's Motion to Compel (ECF No. 84), and may even obviate the need for it entirely. Accordingly, the Plaintiff agreed that the motion should be denied without prejudice to resubmission once the scope of the discovery dispute (if any) comes into clearer view. Signed by Judge Thomas O. Farrish on 8/15/22.(Wood, R.)
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Filing 95
Joint STATUS REPORT by Conservation Law Foundation, Inc.. (Attachments: #1 Exhibit A)(St. Pierre, Alexandra)
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Filing 94
ORDER: Status conference set for August 15, 2022 at 1:00 p.m. before Judge Thomas O. Farrish. Please call in to the Court's conference call line at 1-888-557-8511 and enter the pass code of 4478772# when prompted. Ahead of the status conference, counsel shall file a joint submission about a discovery plan and topics for the status conference on the docket. If any counsel has a firm, unavoidable conflict at the appointed date and time, e.g., a previously-scheduled appearance in another court, s/he should not file a motion for continuance on the docket but rather should call Chambers at 860-240-3605 as soon as possible with opposing counsel on the line to work out an alternate day and time for the pre-conference with Judge Farrish's law clerk. Signed by Judge Thomas O. Farrish on 08/11/2022.(Carpenter, Amanda)
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Filing 93
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for all pretrial matters and case management. Signed by Judge Sarah A. L. Merriam on 8/8/2022.(Caffrey, A.)
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Filing 92
ORDER granting in part and denying in part #90 Motion for Extension of Time. The motion is granted to the extent that it seeks to extend the defendants' deadline for filing motions to compel until August 24, 2022, and to the extent that it seeks an order directing the parties to engage in a final meet-and-confer session on or before August 17, 2022. The motion is denied to the extent that it seeks to extend the deadline for filing motions to compel beyond August 24, 2022.The Court appreciates the parties' cooperation in working together to present a consent motion, but with the deadline for completing fact discovery only twelve weeks away, and with the parties having not yet taken any depositions, the Court does not believe that the schedule can accommodate a three week extension. The parties are respectfully advised that, if they cannot resolve their disagreements through the meet-and-confer process and a motion to compel becomes necessary, the Court may exercise its discretion to accelerate the briefing scheduling under Local Rule 7 so as to minimize the threat to the November 4th date. Signed by Judge Thomas O. Farrish on 08/08/2022. (Geisler, James)
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Filing 91
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for #90 Consent MOTION for Extension of Time until August 31, 2022 for Defendants' motion to compel CLF's discovery responses Signed by Judge Sarah A. L. Merriam on 8/8/2022.(Caffrey, A.)
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Filing 90
Consent MOTION for Extension of Time until August 31, 2022 for Defendants' motion to compel CLF's discovery responses by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Attachments: #1 Exhibit Ex. A to Consent Motion for Extension of Time for Defendants MTC, #2 Exhibit Ex. B to Consent Motion for Extension of Time for Defendants MTC)(Reddy, Bina)
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Filing 89
ORDER denying #81 Motion to Quash. The plaintiff, Conservation Law Foundation, Inc. ("CLF") has moved to quash subpoenas served on five non-party witnesses. CLF contends that the subpoenas should be quashed because they are substantially duplicative of Rule 34 document production requests that the defendants served on CLF and, therefore, would "impose undue burden and expense on the subpoenaed" individuals. (ECF No. 81, at 2.)"It is well established that a party ordinarily does not have standing to assert a burdensomeness objection to a subpoena served on a non-party." Doe v. Wesleyan Univ., No. 3:19-cv-01519 (JBA) (TOF), 2021 WL 2525427, at *4 (D. Conn. June 21, 2021) (citing U.S. Regional Econ. Dev. Auth., LLC v. Matthews, No. 3:16-cv-01093 (CSH), 2018 WL 2172713, at *8 (D. Conn. Apr. 21, 2020)). Moreover, even if it were to have standing to do so, a party objecting on grounds of burden "must ordinarily demonstrate that burden with an affidavit or other proof." E.E.O.C. v. Yale Univ., No. 3:20-cv-00187 (SALM) (TOF), 2022 WL 2290633, at *8 (D. Conn. June 24, 2022). Here, CLF has not established its standing to assert a burdensomeness objection, and even if it had, it has not adequately supported that objection. As discussed at today's hearing, the marginal burden of compliance, beyond what the subpoena recipients have already expended in helping CLF respond to the defendants' Rule 34 document requests, has not been shown to be significant or undue. CLF's burdensomeness objection is therefore overruled, and its motion to quash is denied as presented.At the hearing, CLF raised objections not raised in its brief - specifically, that the subpoenas may inquire after information protected by the attorney-client privilege or the work product doctrine, or may inquire after information that would have the practical effect of disclosing expert opinion out of schedule. Although the failure to brief a discovery objection ordinarily constitutes an abandonment of that objection, Huseby, LLC v. Bailey, No. 3:20-cv-00167 (JBA) (TOF), 2021 WL 723319, at *4 n.1 (D. Conn. Feb. 24, 2021), courts typically treat privilege objections differently from other objections for waiver purposes. See, e.g., Imperati v. Semple, No. 3:18-cv-01847 (RNC) (TOF), 2020 WL 4013304, at *5 (D. Conn. July 16, 2020) ("[P]rivileges... serve important values," and courts therefore "are not quick to find that they have been waived."); Main St. Am. Assur. Co. v. Savalle, No. 3:18-cv-02073 (JCH) (SALM), 2019 WL 4437923, at *4-5 (D. Conn. Sept. 16, 2019) ("[T]he Court is generally reluctant to find claims of attorney-client privilege and work product protection waived."). Moreover, unlike a burdensomeness objection, CLF may have standing to object to the subpoenas on privilege grounds if the recipients' compliance would destroy or otherwise harm CLF's privileges. See, e.g., A & R Body Specialty & Collision Works, Inc. v. Progressive Cas. Ins. Co., No. 3:07-cv-00929 (WWE) (HBF), 2013 WL 6511934, at *2 (D. Conn. Dec. 12, 2013) (party may object to subpoena served on non-party if it has a "personal right or privilege" in the subpoenaed documents). For these reasons, the Court will not overrule the subpoena recipients' privilege objections (see ECF No. 81-1) at this time, but the recipients must comply with Fed. R. Civ. P. 45(b)(2)(A). Compliance with this order is due by August 15, 2022. D. Conn. L. Civ. R. 37(d). It is so ordered. Signed by Judge Thomas O. Farrish on 08/01/2022. (Farrish, Thomas)
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Filing 88
Minute Entry. Proceedings held before Judge Thomas O. Farrish: taking under advisement #81 Motion to Quash; Motion Hearing held on 8/1/2022 re #81 MOTION to Quash Plaintiff Conservation Law Foundation's Motion to Quash Third Party Subpoenas filed by Conservation Law Foundation, Inc.. Time 24 minutes(Court Reporter Zoom.) (Wood, R.)
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Filing 87
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 8/1/2022 at 3:00 PM in East Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. The hearing will be held via zoom. (Wood, R.)
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NOTICE regarding hearing via Zoom: The Motion hearing scheduled for 8/1/2022 at 3:00 p.m. will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1617105961?pwd=MnJNS2hjdmJ4QnBZN0JucGtxdDkwZz09 and call in number is 1 646 828 7666.Meeting ID: 161 710 5961 Meeting Password: 808870 The public may also join by following the zoom video link. Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Wood, R.)
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Filing 86
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for #85 MOTION to Seal Exhibit, Redacted Motion/Memorandum of Law, and #84 MOTION to Compel Signed by Judge Sarah A. L. Merriam on 7/28/2022.(Caffrey, A.)
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Filing 85
MOTION to Seal Exhibit, Redacted Motion/Memorandum of Law by Conservation Law Foundation, Inc.. (St. Pierre, Alexandra)
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Filing 84
MOTION to Compel by Conservation Law Foundation, Inc..Responses due by 8/17/2022 (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)(St. Pierre, Alexandra)
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Filing 83
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion hearing set for 8/1/2022 at 3:00 PM in East Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish, re: MOTION to Quash Plaintiff Conservation Law Foundation's Motion to Quash Third Party Subpoenas by Conservation Law Foundation, Inc..Responses due by 8/12/2022 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Raymond, Chance). The hearing will be held via zoom. (Wood, R.)
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Filing 82
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for including #81 MOTION to Quash Plaintiff Conservation Law Foundation's Motion to Quash Third Party Subpoenas Signed by Judge Sarah A. L. Merriam on 7/25/2022.(Caffrey, A.)
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Filing 81
MOTION to Quash Plaintiff Conservation Law Foundation's Motion to Quash Third Party Subpoenas by Conservation Law Foundation, Inc..Responses due by 8/12/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Raymond, Chance)
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Filing 80
NOTICE of Appearance by Chance Raymond on behalf of Conservation Law Foundation, Inc. (Raymond, Chance)
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Filing 79
ORDER granting #78 Consent MOTION for Extension of Time until August 10, 2022, for Defendants to file a motion to compel and until July 27, 2022, for Plaintiff to file a Motion to Compel.In light of the requested extension, the Court reminds the parties that the fact discovery deadlines are quickly approaching. All fact discovery is to be completed by November 4, 2022, and all written discovery requests related to fact discovery must be propounded on or before August 12, 2022. See Doc. #52 at 2. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/7/2023. (Katz, S.)
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Filing 78
Consent MOTION for Extension of Time until August 10, 2022 for Defendants to file a motion to compel and until July 27, 2022 for Plaintiff to file a Motion to Compel by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Morgan, Megan)
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Filing 77
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Settlement Conference is set for 9/13/2022 at 9:30 AM at 915 Lafayette Blvd.,Courtroom 435, 4th Floor, Bridgeport, CT before Judge S. Dave Vatti. (Ellis, Bernadette)
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Filing 76
ORDER. A Settlement Conference is set for 9/13/2022 at 9:30 AM before Judge S. Dave Vatti. Please see the attached Settlement Conference Order for detailed instructions and deadlines. The due dates in the settlement conference order are modified as follows: Plaintiff shall serve their demand letter upon defendants by August 3, 2022; Defendants shall serve their response upon the plaintiff by September 2, 2022. The parties shall submit their ex parte settlement conference memoranda to the Court by September 7, 2022. Signed by Judge S. Dave Vatti on 6/21/2022. (Ellis, Bernadette)
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Filing 75
Minute Entry for proceedings held before Judge S. Dave Vatti: Pre-Settlement Telephonic Status Conference held on 6/14/2022. Total Time: 30 minutes. (Ellis, Bernadette)
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Filing 74
NOTICE TO COUNSEL: A pre-settlement telephonic status conference is set for 3:00 PM on Tuesday, June 14, 2022, before Judge S. Dave Vatti. A date for the settlement conference will be set during the telephone call. As the Court will require parties or their representatives with settlement authority to attend the settlement conference, counsel should obtain dates of unavailability from their clients over the next sixty days and have their own calendars available to aid in scheduling. During the telephone call, counsel should be prepared to discuss what, if any, information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussion to be productive. If either counsel develops a firm, unavoidable conflict on June 14 at 3:00 PM, s/he should not file a motion for continuance but rather should call Chambers as soon as possible with opposing counsel on the line to work out an alternate day and time for the pre-settlement telephone conference. Parties shall call 866-434-5269 and enter the following access code: 2006808. Signed by Judge S. Dave Vatti on 6/9/2022. (Ellis, Bernadette)
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Filing 73
ORDER granting #72 Consent Motion for Extension of Time until July 13, 2022, for plaintiff to file a motion to compel. It is so ordered. Signed by Judge Sarah A. L. Merriam on 6/9/2022. (Katz, S.)
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Filing 72
Consent MOTION for Extension of Time until July 13, 2022 To File Plaintiff Conservation Law Foundation's Motion to Compel by Conservation Law Foundation, Inc.. (Petersen, Elizabeth)
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Filing 71
NOTICE. Counsel for the parties shall confer and contact the chambers of Judge S. Dave Vatti at 203-579-5593 within three business days and propose dates/times that all counsel are available for a telephonic pre-settlement conference during the week of June 6, 2022 or the week of June 13, 2022. Signed by Judge S. Dave Vatti on 6/6/2022. (Ellis, Bernadette)
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Filing 70
ORDER REFERRING CASE to Magistrate Judge S. Dave Vatti for settlement purposes. Signed by Judge Sarah A. L. Merriam on 5/29/2022.(Caffrey, A.)
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Filing 69
ORDER. The parties' #67 Joint Status Report is hereby acknowledged. In light of the parties' agreement "that a referral for a settlement conference would be helpful in exploring a resolution to this matter[,]" Doc. #67 at 4, this case will be referred to a United States Magistrate Judge to determine whether settlement discussions, with the assistance of that Judge, would be productive and, if the Judge believes such discussions would be a productive use of Court time, to conduct such discussions.Pursuant to the Scheduling Order and Case Management Plan, the parties shall file the next Joint Status Report by August 26, 2022. See Doc. #52 at 6.It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/29/2022. (Katz, S.)
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Filing 68
ORDER granting #66 Consent Motion for Extension of Time until June 9, 2022, for plaintiff to serve discovery responses. It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/29/2022. (Katz, S.)
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Set Deadlines: Joint Status Report due by 8/26/2022. (Katz, S.)
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Filing 67
Joint STATUS REPORT by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Reddy, Bina)
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Filing 66
Consent MOTION for Extension of Time until June 9, 2022 To Serve Plaintiff Conservation Law Foundation's Discovery Responses by Conservation Law Foundation, Inc.. (Petersen, Elizabeth)
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Filing 65
NOTICE of Appearance by Megan Morgan on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC (Morgan, Megan)
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Filing 64
CERTIFICATE OF GOOD STANDING re #62 MOTION for Attorney(s) Megan L. Marzec Morgan to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6925024) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Craven, James)
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Filing 63
ORDER granting #62 Motion to Appear Pro Hac Vice for Megan L. Marzec Morgan, Esq. Certificate of Good Standing due by 7/8/2022. Signed by Clerk on 5/9/2022. (Imbriani, Susan)
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Filing 62
MOTION for Attorney(s) Megan L. Marzec Morgan to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6925024) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Attachments: #1 Declaration of Megan L. Marzec Morgan)(Craven, James)
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Filing 61
ORDER. If plaintiff or defendant Shell Oil Company seeks to amend the pleadings in light of defendant's April 1, 2022, Notice (Doc. #56 ), an appropriate motion shall be filed forthwith. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/5/2022. (Katz, S.)
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Filing 60
ORDER granting #55 Motion to Withdraw as Attorney. The appearance of Attorney Ian Coghill is hereby terminated. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/3/2022. (Katz, S.)
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Filing 59
REPLY to Response to #50 MOTION to Dismiss Amended Complaint filed by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Reddy, Bina)
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Filing 58
Memorandum in Support re #50 MOTION to Dismiss Amended Complaint filed by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Reddy, Bina) Modified on 4/4/2022 (Imbriani, Susan). Modified text to remove notation entered in error on 4/4/2022 (Caffrey, A.).
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Filing 57
Corporate Disclosure Statement by Shell Oil Company. (Reddy, Bina)
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Filing 56
NOTICE by Shell Oil Company Change of Party Name (Reddy, Bina)
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Filing 55
MOTION for Ian Coghill to Withdraw as Attorney by Conservation Law Foundation, Inc.. (Coghill, Ian)
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Filing 54
NOTICE by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC re #50 MOTION to Dismiss Amended Complaint (Craven, James)
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Filing 53
Memorandum in Opposition re #50 MOTION to Dismiss Amended Complaint filed by Conservation Law Foundation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Coghill, Ian)
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Filing 52
SCHEDULING ORDER AND CASE MANAGEMENT PLAN: Joint Status Report due by 5/27/2022; Fact Discovery due by 11/4/2022; Expert Discovery due by 7/28/2023; Dispositive Motions due by 11/17/2023; Trial Brief due by 1/5/2024. Counsel shall review the attached Order carefully, noting all interim deadlines, discovery procedures, and other matters. It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/1/2022. (Katz, S.)
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Filing 51
ORDER denying #42 Motion to Transfer Case to The Honorable Sarala V. Nagala. Defendants move to transfer this case to Judge Sarala V. Nagala, asserting that it is "related" to a case pending before Judge Nagala; that the cases share overlapping factual and legal issues; and that judicial economy would be served by transfer. See generally Doc. #42 . Plaintiff opposes the motion, contending that while some overlap may exist, the issues presented and facts relating to the defendants in each case differ meaningfully, such that transfer would have, at best, a minimal efficiency benefit. See generally Doc. #46 . The undersigned has conferred with Judge Nagala, and we agree that transfer to a single judge is not warranted in this instance. We believe that judicial efficiency would not be significantly benefitted by transfer, particularly where the two cases would not be consolidated for trial. Accordingly, I decline to exercise my discretion to transfer this case to Judge Nagala. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/27/2022. (Katz, S.)
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Filing 50
MOTION to Dismiss Amended Complaint by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC.Responses due by 3/18/2022 (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Reddy, Bina)
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Filing 49
REPLY to Response to #42 MOTION Transfer Case to The Honorable Sarala V. Nagala filed by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Craven, James)
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Filing 48
ORDER. Defendants' #41 Motion to Dismiss Plaintiff's Complaint is hereby TERMINATED, as moot, in light of the filing of the #47 Amended Complaint.Defendants shall file a response to the Amended Complaint on or before February 25, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/15/2022. (Katz, S.)
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Filing 47
AMENDED COMPLAINT against Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC, filed by Conservation Law Foundation, Inc.. (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)(St. Pierre, Alexandra)
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Filing 46
RESPONSE re #42 MOTION Transfer Case to The Honorable Sarala V. Nagala filed by Conservation Law Foundation, Inc.. (St. Pierre, Alexandra)
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Filing 45
EXHIBIT 1 by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC re #42 MOTION Transfer Case to The Honorable Sarala V. Nagala . (Craven, James)
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Filing 44
Reset Deadlines as to #42 MOTION Transfer Case to The Honorable Sarala V. Nagala. Responses due by 2/4/2022. (Katz, S.)
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Filing 43
ORDER. Plaintiff shall file its response to defendants' #42 Motion to Transfer Case to The Honorable Sarala V. Nagala on or before February 4, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/25/2022. (Katz, S.)
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Filing 42
MOTION Transfer Case to The Honorable Sarala V. Nagala by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC.Responses due by 2/15/2022 (Craven, James)
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Filing 41
MOTION to Dismiss Plaintiff's Complaint by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC.Responses due by 2/11/2022 (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Text of Proposed Order)(Reddy, Bina)
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Filing 40
Joint REPORT of Rule 26(f) Planning Meeting. (St. Pierre, Alexandra)
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Filing 39
NOTICE of Appearance by Bina Reddy on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Reddy, Bina)
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Filing 38
NOTICE of Appearance by John S. Guttmann on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Guttmann, John)
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Filing 37
NOTICE of Appearance by Ian Coghill on behalf of Conservation Law Foundation, Inc. (Coghill, Ian)
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Filing 36
NOTICE of Appearance by Alexandra St. Pierre on behalf of Conservation Law Foundation, Inc. (St. Pierre, Alexandra)
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Filing 35
CERTIFICATE OF GOOD STANDING re #30 MOTION for Attorney(s) Bina R. Reddy to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6752034) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Craven, James)
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Filing 34
CERTIFICATE OF GOOD STANDING re #29 MOTION for Attorney(s) John S. Guttmann to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6752013) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Craven, James)
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Filing 33
ORDER granting #30 Motion for Attorney Bina R. Reddy to Appear Pro Hac Vice. Certificate of Good Standing due by 2/8/2022. Signed by Clerk on 12/10/2021. (Oliver, T.)
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Filing 32
ORDER granting #29 Motion for Attorney John S. Guttmann to Appear Pro Hac Vice. Certificate of Good Standing due by 2/8/2022. Signed by Clerk on 12/10/2021. (Oliver, T.)
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Filing 31
NOTICE of Appearance by Elizabeth Bryce Petersen on behalf of Conservation Law Foundation, Inc. (Petersen, Elizabeth)
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Filing 30
MOTION for Attorney(s) Bina R. Reddy to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6752034) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Attachments: #1 Declaration of Attorney Bina R. Reddy in Support of Pro Hac Vice Admission)(Craven, James)
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Filing 29
MOTION for Attorney(s) John S. Guttmann to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6752013) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Attachments: #1 Declaration of Attorney John S. Guttmann in Support of Pro Hac Vice Admission)(Craven, James)
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Filing 28
ORDER. Defendants have filed a Local Rule 40(b)(2) Notice of Related Case stating that in light of the circumstances of an earlier filed case, Conservation Law Foundation Inc. v. Gulf Oil Limited Partnership, No. 3:21CV000932(SVN) (D. Conn. July 7, 2021), "this action is... eligible for transfer under Local Rule 40(b)(1)(a)." Doc. #25 at 2.If defendants affirmatively seek the transfer of this matter to Judge Sarala V. Nagala, a motion seeking that relief should be filed. The Court will then provide all non-moving parties an opportunity to respond to the relief requested. The Court also questions the propriety of transferring this matter at the current stage of proceedings given the earlier representation that the parties are engaging in "preliminary settlement discussions[.]" Doc. #20 at 2.It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/7/2021. (Katz, S.)
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Filing 27
Corporate Disclosure Statement by Motiva Enterprises LLC identifying Corporate Parent Saudi Refining, Inc., Corporate Parent Aramco Financial Services Company for Motiva Enterprises LLC. (Craven, James)
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Filing 26
Corporate Disclosure Statement by Equilon Ent LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC identifying Corporate Parent Royal Dutch Shell Plc for Equilon Ent LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Craven, James)
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Filing 25
NOTICE of Related Case by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Craven, James)
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Filing 24
ORDER. In light of the appearance of counsel for defendant on December 1, 2021 (Doc. #23 ), the parties' Rule 26(f) Meeting Report is due on or before January 14, 2022. See D. Conn. L. Civ. R. 26(f) (1). However, given the representation that the parties "are continuing to engage in preliminary settlement discussions[,]" (Doc. #20 at 2), and in an effort to help facilitate those discussions, the Court hereby sua sponte extends the deadline by which the parties shall file the Rule 26(f) Meeting Report to January 21, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/2/2021. (Katz, S.)
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Set Deadlines: Rule 26 Meeting Report due by 1/21/2022. (Katz, S.)
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Set Deadlines: Rule 26 Meeting Report due by 1/14/2022 (Caffrey, A.)
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Filing 23
NOTICE of Appearance by James O. Craven on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Craven, James)
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Filing 22
ORDER. On November 29, 2021, counsel for defendants contacted the chambers of the undersigned by telephone regarding the Court's November 20, 2021, Order, which requires that she file an appearance in this matter forthwith. See Doc. #21. Counsel indicated that there had been some delays filing her appearance due to the recent Thanksgiving holiday and other circumstances.As counsel was told during the November 29, 2021, telephone call, the Court strongly discourages ex parte communications, and to the extent any relief or clarification is sought from the Court an appropriate filing must be made on the docket in compliance with the Local and Federal Rules of Civil Procedure.Nevertheless, the Court notes that counsel for defendants still has yet to file an appearance in this matter. Although defendants' responsive pleading is not due until January 21, 2022 (Doc. #21), counsel for defendants is hereby ORDERED to file an appearance, or a motion to appear pro hac vice, on or before December 8, 2021. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/1/2021. (Katz, S.)
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Answer deadline updated for Equilon Ent LLC to 1/21/2022; Motiva Enterprises LLC to 1/21/2022; Shell Oil Company to 1/21/2022; Shell Petroleum Inc to 1/21/2022; Shell Trading (US) Co to 1/21/2022; Triton Terminaling LLC to 1/21/2022. (Caffrey, A.)
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Filing 21
ORDER granting #20 Joint Motion for Extension of Time until 1/21/2022 To file Responsive Pleadings.Although counsel for defendants signed the Joint Motion, counsel for defendants has yet to appear in this matter. Accordingly, counsel for defendants is hereby ORDERED to file her appearance, or a motion to appear pro hac vice, forthwith. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/20/2021. (Katz, S.)
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Filing 20
Joint MOTION for Extension of Time until 1/21/2022 To file Responsive Pleadings #1 Complaint, by Conservation Law Foundation, Inc.. (Brouk, Allison)
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Filing 19
NOTICE of Appearance by Allison S. Brouk on behalf of Conservation Law Foundation, Inc. (Brouk, Allison)
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Filing 18
ORDER granting #14 Motion to Withdraw as Attorney. The appearance of Attorney Kenta Tsuda is hereby terminated. Signed by Judge Sarah A. L. Merriam on 10/26/2021. (Katz, S.)
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Filing 17
ORDER OF TRANSFER. Case reassigned to Judge Sarah A. L. Merriam for all further proceedings. Signed by Clerk on 10/25/2021.(Hushin, Z.)
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Filing 16
WAIVER OF SERVICE Returned Executed as to Shell Trading (US) Co waiver sent on 10/1/2021, answer due 11/30/2021; Motiva Enterprises LLC waiver sent on 10/1/2021, answer due 11/30/2021; Equilon Ent LLC waiver sent on 10/1/2021, answer due 11/30/2021; Triton Terminaling LLC waiver sent on 10/1/2021, answer due 11/30/2021; Shell Oil Company waiver sent on 10/1/2021, answer due 11/30/2021; Shell Petroleum Inc waiver sent on 10/1/2021, answer due 11/30/2021 filed by Conservation Law Foundation, Inc.. (Kanner, Allan)
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Filing 15
NOTICE of Appearance by Allan Kanner on behalf of Conservation Law Foundation, Inc. (Kanner, Allan)
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Filing 14
MOTION for Kenta Tsuda to Withdraw as Attorney by Conservation Law Foundation, Inc.. (Attachments: #1 Exhibit Tsuda Declaration)(Tsuda, Kenta)
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Filing 13
NOTICE of Appearance by Christopher Kilian on behalf of Conservation Law Foundation, Inc. (Kilian, Christopher)
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Filing 12
ORDER vacating ECF Nos. 10 & 11 . Attorney Tsuda's motions to admitt Attorneys Coghill and Crowley pro hac vice are denied without prejudice. Pursuant to D. Conn. L. R. Civ. P. 83.1(c)(1) admitted counsel must have an office within the District to serve as local counsel to a visiting attorney. Attorney Tsuda is a record member of the bar of this Court but does maintain an office within the District. Additionally, neither attorney seeking admission pro hac vice has an office within this District. Signed by Judge Vanessa L. Bryant on 07/12/2021. (Diamond, Matthew)
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Filing 11
VACATED: ORDER granting #4 Motion for Attorney James Crowley to Appear Pro Hac Vice. Certificate of Good Standing due by 9/6/2021. Signed by Clerk on 7/8/21. (Velez, F.) Modified on 7/12/2021 (Shafer, J.).
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Filing 10
VACATED: ORDER granting #3 Motion for Attorney Ian Coghill to Appear Pro Hac Vice. Certificate of Good Standing due by 9/6/2021. Signed by Clerk on 7/8/21. (Velez, F.) Modified on 7/12/2021 (Shafer, J.).
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Filing 9
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 MOTION for Attorney(s) Ian Coghill to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569237) filed by Conservation Law Foundation, Inc., #1 Complaint, filed by Conservation Law Foundation, Inc., #4 MOTION for Attorney(s) James Crowley to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569245) filed by Conservation Law Foundation, Inc., #7 Standing Protective Order, #5 Order on Pretrial Deadlines, #8 Order Re: Chambers Practices, #2 Corporate Disclosure Statement filed by Conservation Law Foundation, Inc., #6 Electronic Filing Order. Signed by Clerk on 7/7/21. (Velez, F.)
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Filing 8
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/7/21. (Velez, F.)
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Filing 7
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/7/21. (Velez, F.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/7/21. (Velez, F.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 9/5/2021; Discovery due by 1/6/2022; Dispositive Motions due by 2/10/2022. Signed by Clerk on 7/7/21. (Velez, F.)
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Filing 4
MOTION for Attorney(s) James Crowley to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569245) by Conservation Law Foundation, Inc.. (Attachments: #1 Affidavit)(Tsuda, Kenta)
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Filing 3
MOTION for Attorney(s) Ian Coghill to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569237) by Conservation Law Foundation, Inc.. (Attachments: #1 Affidavit)(Tsuda, Kenta)
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Filing 2
Corporate Disclosure Statement by Conservation Law Foundation, Inc.. (Tsuda, Kenta)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6569010.), filed by Conservation Law Foundation, Inc.. (Attachments: #1 Errata Civil Case Cover Sheet, #2 Exhibit Notice of Intent, #3 Exhibit Supp. Notice, #4 Exhibit SW Monitoring Rep, #5 Exhibit Letter, #6 Exhibit Letter, #7 Exhibit ECA Form, #8 Exhibit SWPPP, #9 Exhibit SPCC, #10 Exhibit SW Monitoring Rep)(Tsuda, Kenta)
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Judge Vanessa L. Bryant added. (Anastasio, F.)
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