S. A. et al v. E. I. Du Pont De Nemours and Company et al
| S. A., C. A. 1, C. A.2, D. B.1, D. B.2, A. J. 1, A. J. 2, Z. S., D. D., D. H. and N. M. |
| E. I. DU PONT DE NEMOURS AND COMPANY, The Chemours Company, Hammond Group, Inc., HAMMOND LEAD PRODUCTS, LLC, HALSTAB, LLC and HALOX, LLC |
| 2:2022cv00359 |
| November 22, 2022 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| P.I.: Other |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 REPLY to Response to Motion re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by E. I. Du Pont De Nemours and Company, The Chemours Company. (Roman PHV, Tracy) |
| Filing 44 REPLY to Response to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Sheridan, Jacqueline) |
| Filing 43 RESPONSE to Motion re #33 MOTION to Strike #30 Amended Complaint, Class Action Allegations, #38 MOTION to Strike #30 Amended Complaint, filed by S. A., C. A. 1, C. A.2, D. B.1, D. B.2, D. D., D. H., A. J. 1, A. J. 2, N. M., Z. S.. (Flora, Colin) |
| Filing 42 STATUS REPORT for all parties filed by E. I. Du Pont De Nemours and Company, The Chemours Company. (Roman PHV, Tracy) |
| Filing 41 RESPONSE to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by S. A., C. A. 1, C. A.2, D. B.1, D. B.2, D. D., D. H., A. J. 1, A. J. 2, N. M., Z. S.. (Flora, Colin) |
Filing 40
ORDER: In light of the #30 First Amended Class Action Complaint the #9 Motion to Dismiss, the #11 Request for Judicial Notice in Support of Motion to Dismiss and the #15 Motion to Dismiss are DENIED WITHOUT PREJUDICE AS MOOT. Signed by Judge Philip P Simon on 1/4/23. (nal)
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| Filing 39 MEMORANDUM in Support of #38 MOTION to Strike #30 Amended Complaint, filed by E. I. Du Pont De Nemours and Company, The Chemours Company. (Roman PHV, Tracy) |
| Filing 38 MOTION to Strike #30 Amended Complaint, by Defendants E. I. Du Pont De Nemours and Company, The Chemours Company. (Roman PHV, Tracy) |
| Filing 37 MOTION Request for Judicial Notice re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants E. I. Du Pont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Roman PHV, Tracy) |
| Filing 36 MEMORANDUM in Support of #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by E. I. Du Pont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Roman PHV, Tracy) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants E. I. Du Pont De Nemours and Company, The Chemours Company. (Roman PHV, Tracy) |
| Filing 34 MEMORANDUM in Support of #33 MOTION to Strike #30 Amended Complaint, Class Action Allegations filed by Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Sheridan, Jacqueline) |
| Filing 33 MOTION to Strike #30 Amended Complaint, Class Action Allegations by Defendants Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Sheridan, Jacqueline) |
| Filing 32 MEMORANDUM in Support of #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Sheridan, Jacqueline) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Sheridan, Jacqueline) |
| Filing 30 AMENDED COMPLAINT Adding New Plaintiff N.M. and Class-Action Allegations Filed Pursuant to Fed. R. Civ. P. 15(a)(1)(B) against All Defendants, filed by A. J. 2, C. A. 1, S. A., A. J. 1, C. A.2, D. D., Z. S., D. B.1, D. H., D. B.2, N. M..(Pavlack, Eric) |
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Filing 29
ORDER: The parties in Case Nos. 2:16-cv-525, 2:17-cv-193, 2:17-cv-414, 2:17-cv-429, 2:18-cv-375, and 2:22-cv-359 are to appear in-person for a status conference in Courtroom 5, on the third floor of the Hammond courthouse, on January 26, 2023, at 1:00 p.m. (Central Time). The conference may be held earlier, at the parties convenience, if the 10:30 a.m. status hearing before District Judge Philip P. Simon is completed prior to 1:00 p.m. The parties are ORDERED to file a status report in each case by January 12, 2023, with proposed timelines for discovery. Signed by Magistrate Judge Joshua P Kolar on 12/19/22.(mlc)
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| Filing 28 TRANSCRIPT of Telephonic Status Conference held on December 12, 2022, before Magistrate Judge Joshua P Kolar. Court Reporter Ashley N. Stokes, Telephone 219-852-6557, E-mail ashley_stokes@innd.uscourts.gov. 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. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 1/4/2023. Redaction Request due 1/9/2023. Redacted Transcript Deadline set for 1/19/2023. Release of Transcript Restriction set for 3/20/2023. (as) |
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Filing 27
ORDER: For the reasons discussed at the 12/12/2022 hearing, the Court GRANTS #25 Plaintiffs' Motion for Extension of Time for relief different than requested. Responses to motions to dismiss due by 1/3/2023. Replies are due 14 days after the relevant response is filed. Approved by Magistrate Judge Joshua P Kolar on 12/12/2022. Text entry order. (tc) Modified to edit text on 12/13/2022 (tc). Modified on 12/13/2022 to edit text(tc).
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| Filing 26 TELEPHONIC STATUS CONFERENCE held on 12/12/2022, before Magistrate Judge Joshua P Kolar. Pltfs appeared by attys Roy Amatore, Colin Flora, Cristina Rodriguez, Rachel Steiner, David Chizewer. Dfts appeared by attys Kathleen DeLaney, Sean Morris, Diana Reiter, Dina Cox, Tracy Roman, Harold Abrahamson, Thomas Connor, Max Kelln. Parties provide status as to discovery. Discussion held as to present status of discovery and pending motions for extension of time; separate orders forthcoming. In Person Status Conference to be set by separate order. (Held in conjunction w/cases 2:18cv375, 2:16cv525, 2:17cv429, 2:17cv414, 2:17cv193) (Court Reporter Ashley Stokes.) (tc) |
| Filing 25 MOTION for Extension of Time to File Response/Reply as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Unopposed) by Plaintiffs S. A., C. A. 1, C. A.2, D. B.1, D. B.2, D. D., D. H., A. J. 1, A. J. 2, Z. S.. (Flora, Colin) |
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Filing 24
ORDER granting #21 Application to Appear Pro Hac Vice of Attorney Tracy A Roman PHV for E. I. Du Pont De Nemours and Company and The Chemours Company. Signed by Magistrate Judge Joshua P Kolar on 12/7/2022. (ace)
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Filing 23
ORDER granting #22 Application to Appear Pro Hac Vice of Attorney Honor R Costello PHV for E. I. Du Pont De Nemours and Company and The Chemours Company. Signed by Magistrate Judge Joshua P Kolar on 12/7/2022. (ace)
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| Filing 22 Application for Attorney Honor R. Costello to Appear Pro Hac Vice on behalf of E.I. du Pont de Nemours and Company and The Chemours Company. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5097996 (Attachments: #1 Certificates of Good Standing)(Costello PHV, Honor) |
| Filing 21 Application for Attorney Tracy A. Roman to Appear Pro Hac Vice on behalf of E.I. du Pont de Nemours and The Chemours Company. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5097958 (Attachments: #1 Certificates of Good Standing)(Roman PHV, Tracy) |
| Filing 20 STATE COURT RECORD RECEIVED. (rmf) |
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Filing 19
ORDER: All parties in each case are ORDERED to be present at an in-person status hearing in front of this Court on 01/26/2023, at 10:30 a.m. Hammond/central time. The hearing will be conducted in the ceremonial courtroomon the fourth floor. Requests to appear telephonically will not be entertained. The parties should be prepared to explain the procedural posture of the cases and the bases for jurisdiction, why there are six cases instead of one, articulate the remaining parties, give a short recap of the claims in the amended complaints/complaint, and explain why most of these cases have been pending for such a long time. It is my intention to move these cases along as expeditiously as reasonably possible. As a result, all parties should be prepared to discuss ways to accomplish that. Signed by Judge Philip P Simon on 12/02/2022. (sej)
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Filing 18
MINUTE ORDER: Telephonic Status Conference set for 12/12/2022 10:00 AM (Central time) before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. Approved by Magistrate Judge Joshua P Kolar on 12/2/2022. Text entry order. (tc)
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| Filing 17 NOTICE of Appearance by Thomas M Connor on behalf of Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC (Connor, Thomas) |
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Filing 16
ORDER: The Court DIRECTS the Clerk of Court to transfer this case to Judge Philip P. Simon. The case remains assigned to Magistrate Judge Joshua P. Kolar. Signed by Judge Theresa L Springmann on 12/2/2022. (rmf)
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| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Attachments: #1 memorandum in support of motion to dismiss)(Sheridan, Jacqueline) |
| Filing 14 Corporate Disclosure Statement by Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC. (Sheridan, Jacqueline) |
| Filing 13 NOTICE of Appearance by Jacqueline R Sheridan on behalf of Halox, LLC, Halstab, LLC, Hammond Group, Inc., Hammond Lead Products, LLC (Sheridan, Jacqueline) |
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Filing 12
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 11/29/2022. (tc)
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| Filing 11 MOTION to Request Judicial Notice in Support of Motion to Dismiss by Defendants E. I. Du Pont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cox, Dina) |
| Filing 10 MEMORANDUM in Support of #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by E. I. Du Pont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cox, Dina) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants E. I. Du Pont De Nemours and Company, The Chemours Company. (Cox, Dina) |
| Filing 8 NOTICE of Appearance by Dina M Cox on behalf of E. I. Du Pont De Nemours and Company, The Chemours Company (Cox, Dina) |
| **NEW CASE** Judge Theresa L Springmann and Magistrate Judge Joshua P Kolar added. (nhc) |
| Filing 6 NOTICE of Appearance by Eric S Pavlack on behalf of All Plaintiffs (Pavlack, Eric) |
| Filing 5 NOTICE of Appearance by Colin E Flora on behalf of All Plaintiffs (Flora, Colin) |
| Filing 4 Corporate Disclosure Statement by The Chemours Company identifying Corporate Parent Blackrock, Inc. for The Chemours Company.. (Kilies, Janelle) |
| Filing 3 Corporate Disclosure Statement by E. I. DU PONT DE NEMOURS AND COMPANY identifying Corporate Parent Corteva, Inc., Corporate Parent Corteva, Inc. for E. I. DU PONT DE NEMOURS AND COMPANY.. (Kilies, Janelle) |
| Filing 2 NOTICE of Appearance by Janelle P Kilies on behalf of E. I. DU PONT DE NEMOURS AND COMPANY, The Chemours Company (Kilies, Janelle) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number BINNDC-5085906.) from Lake County Superior Court, Cause No. 45D05-2210-CT-001083, filed by E. I. DU PONT DE NEMOURS AND COMPANY, The Chemours Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A 2022.10.24 Allen Complaint, #3 Exhibit B Summons - DuPont, #4 Exhibit C Summons - Chemours, #5 Exhibit D.1 Removal Affidavit of Sathya Yalvigi, #6 Exhibit D.2 Removal Affidavit of Sathya Yalvigi, #7 Exhibit D.3 Removal Affidavit of Sathya Yalvigi, #8 Exhibit E - State Court Docket)(Kilies, Janelle) |
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