Hostetler et al v. Johnson Controls Inc et al

Plaintiff:	Amos Hostetler, Debbie Hostetler, Rita Chairez, Becky Null and Maria Tovar
Defendant:	Johnson Controls Inc, Tocon Holdings LLC and Yoder Ainlay Ulmer & Buckingham
Not Classified By Court:	John R VanWinkle
Special Master:	Gene Duffin
Case Number:	3:2015cv00226
Filed:	May 28, 2015
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
County:	Elkhart
Presiding Judge:	Jon E DeGuilio
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By:	Both

Date Filed	Document Text
June 23, 2023	Filing 486 ORDER: The Court GRANTS Plaintiffs' motion to dismiss #485 and ORDERS that this case be DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Chief Judge Jon E DeGuilio on 6/23/2023. (mrm)
June 5, 2023	Filing 485 MOTION to Dismiss (Unopposed Motion to Dismiss With Prejudice and for Entry of Final Judgment) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
April 6, 2023	Filing 484 ORDER: Based on the #483 Joint Notice of Settlement in Principle, the Court VACATES the Final Pretrial Conference currently scheduled for 5/31/2023 and VACATES the Jury Trial currently scheduled for 7/31/2023 and all trial-related deadlines. The Court SETS the deadline for filing dismissal papers for 7/10/2023. The #476 and #477 Motions in Limine are DENIED as moot. Text only entry by Chief Judge Jon E DeGuilio on 4/6/2023. (jss)
April 6, 2023	Filing 483 NOTICE of Settlement in Principle by Johnson Controls Inc (Hartzler, Kelly)
March 9, 2023	Filing 482 NOTICE of Hearing: The Final Pretrial Conference currently set for 6/8/2023 is RESET to 5/31/2023 at 01:30 PM (CENTRAL TIME) and will be held in Courtroom 1 on the Fourth Floor at the Federal Courthouse in Hammond, Indiana before Chief Judge Jon E DeGuilio. The Jury Trial currently scheduled for 7/31/2023 will be held in the first floor courtroom at the Grant Federal Building in South Bend, Indiana.(jss)
January 23, 2023	Filing 481 REPLY to Response to Motion re #477 MOTION in Limine (Defendant Johnson Controls, Inc.'s Reply in Support of Motion in Limine) filed by Johnson Controls Inc. (Attachments: #1 Appendix A, #2 Exhibit A: Diesel Exhaust and Cancer Risk, #3 Exhibit B: NCI - Diet, #4 Exhibit C: NCI - Sunlight)(Hall PHV, Thomas)
January 23, 2023	Filing 480 REPLY to Response to Motion re #476 MOTION in Limine to Exclude Certain Testimony filed by Rita Chairez, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. Garrit v. O'Brien Minute Entry Mar. 30, 2022)(Barnard, Thomas)
January 5, 2023	Filing 479 RESPONSE to Motion re #477 MOTION in Limine (Plaintiffs' Response to JCI's Motion in Limine) filed by Rita Chairez, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Ex. #1. Rita Chairez's Responses to JCI's 1st Set of INTs, #3 Ex. #2. Maria Tovar's Responses to JCI's 1st Set of INTs, #4 Ex. #3. Becky Null's Responses to JCI's 1st Set of INTs, #5 Ex. #4. Rita Chairez's Responses to JCI's 4th Set of INTs, #6 Ex. #5. Maria Tovar's Responses to JCI's 4th Set of INTs, #7 Ex. #6. Becky Null's Responses to JCI's 4th Set of INTs, #8 Ex. #7. Chernaik Affidavit, Greene v. Will, #9 Ex. #8. Supp.GW Investigation Rpt. Badger Facility (Oct. 2001), #10 Ex. #9. WDNR Letter (2002-04-25), #11 Ex. #10. JCI 30(B)(6) Dep. (2022-11-16), #12 Ex. #11. City of Milwaukee Letter (2003-02-03), #13 Ex. #12. WDNR Letter (2003-05-22), #14 Ex. #13. JCI Response to WDNR Comments (2003-06-17), #15 Ex. #14. EarthTech Email 2003-07-21, #16 Ex. #15. ATSDR Health Consultation Badger 2003-09-30, #17 Ex. #16. JCI Letter to IDEM 2003-05-28, #18 Ex. #17. ERM Email 2003-10-17, #19 Ex. #18. JCI 30(B)(6) Dep. (2022-11-17), #20 Ex. #19. JCI Letter 2003-11-03, #21 Ex. #20. JCI Badger Chart, #22 Ex. #21. EarthTech Letter (2003-01-29), #23 Ex. #22. EarthTech Work Plan (2003-04-17), #24 Ex. #23. 2017 GZA 1st Semiannual Report, #25 Ex. #24. EPA Action Memorandum (2016-07-15 ), #26 Ex. #25. EPA PolRep #7, #27 Ex. #26. Email String Between Werwie & Troup (04.13.2014), #28 Ex. #27. David Troup Email to Bernard Fenelon (05.28.2014), #29 Ex. #28. Bernard Fenelon Email to David Troup (05.28.2014), #30 Ex. #29. David Troup Email to Jeff Werwie (05.28.2014), #31 Ex. #30. Emails Between Mills, Adkins, & Swift (06.05.2014), #32 Ex. #31. Troup Deposition 2016-10-05, #33 Ex. #32. Werwie Email to Troup 12.03.2014, #34 Ex. #33. Troup Email to Werwie 12.10.2014, #35 Ex. #34 Werwie email to Hershberger (2012-03-05), #36 Ex. #35. Goshen News Article)(Barnard, Thomas)
January 5, 2023	Filing 478 RESPONSE to Motion re #476 MOTION in Limine to Exclude Certain Testimony filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2015 Tovar Depo transcript (excerpt), #2 Exhibit B - Plaintiffs' Objections to JCI's Fourth Set of Document Requests, #3 Exhibit C - Schmucker trial transcript (excerpt))(Hall PHV, Thomas)
December 8, 2022	Filing 477 MOTION in Limine by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Torry--Chairez Report, #3 Exhibit B - Torry--Null Report, #4 Exhibit C - Torry--Tovar Report, #5 Exhibit D - Torry Dep. Tr., #6 Exhibit E - JCI's First Set of Interrogatories, #7 Exhibit F - Null's 2015 Interrogatory Responses, #8 Exhibit G - Tovar's 2015 Interrogatory Responses, #9 Exhibit H - Chairez's 2015 Interrogatory Responses, #10 Exhibit I - JCI's Fourth Set of Interrogatories, #11 Exhibit J - Null's 2017 Interrogatory Responses, #12 Exhibit K - Tovar's 2017 Interrogatory Responses, #13 Exhibit L - Tovar 2017 Dep. Tr., #14 Exhibit M - Chairez's 2017 Interrogatory Responses, #15 Exhibit N - Null 2015 Dep. Tr., #16 Exhibit O - Chairez 2015 Dep. Tr., #17 Exhibit P - Chairez 2017 Dep. Tr., #18 Exhibit Q - Rod Michael Aff., #19 Exhibit R - GZA Letter to Tovar, #20 Exhibit S - Tovar 2015 Dep. Tr., #21 Exhibit T - Elko Title Aff., #22 Exhibit U - Plaintiffs' 2nd Supplemental Disclosures, #23 Exhibit V - Plaintiffs' Initial Disclosures, #24 Exhibit W - Null's 2019 Interrogatory Responses, #25 Exhibit X - Tovar's 2019 Interrogatory Responses, #26 Exhibit Y - Chairez's 2019 Interrogatory Responses, #27 Exhibit Z - 2003 IDEM Letter, #28 Exhibit AA - JCI Rule 30(b)(6) Dep. Tr., #29 Exhibit BB - Ryan Dep. Tr., #30 Exhibit CC - Robertson Dep. Tr., #31 Exhibit DD - Dep. Ex. 937, #32 Exhibit EE - Williams Dep. Tr., #33 Exhibit FF - May 2003 JCI Letter, #34 Exhibit GG - Schmucker Post-Trial Opinion, #35 Exhibit HH - Nov. 2003 JCI Letter, #36 Exhibit II - 2012 VI Report, #37 Exhibit JJ - Null 2017 Dep. Tr.)(Hall PHV, Thomas)
December 8, 2022	Filing 476 MOTION in Limine to Exclude Certain Testimony by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1- Excerpts of May 20, 2015 Deposition of Rita Chairez, #3 Exhibit 2- Excerpts of May 20, 2015 Deposition of Maria Tovar, #4 Exhibit 3- Excerpts of Sept. 11, 2017 Expert Report of Dr. Helen Dawson, #5 Exhibit 4- Excerpts of Nov. 29, 2017 Deposition of Dr. Helen Dawson, #6 Exhibit 5- Excerpts of Mar. 3, 2017 Deposition of Jeff Werwie)(Barnard, Thomas)
November 30, 2022	Filing 475 ORDER : The Court finds that good cause exists for additional pages and GRANTS Defendants motion (DE #472 ). Each side may have up to 35 pages for opening and responsive briefs, and 20 pages for reply briefs in connection with briefing motions in limine. As agreed by the parties, the Court also modifies response and reply deadlines for motions in limine: 1/5/2023, for responses; and 1/23/2023, for replies. Signed by Chief Judge Jon E DeGuilio on 11/30/2022. (jss)
November 2, 2022	Filing 474 SUPPLEMENT to #472 MOTION (Unopposed) for Enlarged Briefs in Support of Motions In Limine filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Tr. of June 9, 2022 Conference)(Hall PHV, Thomas)
October 28, 2022	Filing 473 ORDER: The Court ORDERS Defendant to supplement its motion by identifying the main issues it intends to present in its motion in limine so the Court can determine whether good cause exists for allowing additional pages. The supplemental brief shall be due on 11/3/2022. Signed by Chief Judge Jon E DeGuilio on 10/28/2022. (mrm)
October 17, 2022	Filing 472 MOTION (Unopposed) for Enlarged Briefs in Support of Motions In Limine by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
September 9, 2022	Filing 471 TRANSCRIPT of Telephone Conference, held on June 9, 2022, before Chief Judge Jon E DeGuilio. Court Reporter Angela Phipps, Telephone 219-852-3616, E-mail angela_phipps@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 9/20/2022. Redaction Request due 9/30/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/8/2022. (ap)
August 29, 2022	Filing 470 STATUS REPORT (Amended) by Rita Chairez, Becky Null, Maria Tovar. (Barnard, Thomas)
August 8, 2022	Filing 469 STATUS REPORT by Rita Chairez, Becky Null, Maria Tovar. (Barnard, Thomas)
June 9, 2022	Filing 468 SCHEDULING, PRETRIAL CONFERENCE AND TRIAL ORDER. Signed by Chief Judge Jon E DeGuilio on 6/9/2022. (jss)
June 9, 2022	Filing 467 TELEPHONE CONFERENCE held on 6/9/2022 before Chief Judge Jon E DeGuilio. Pla appeared by atty Thomas Barnard, Rod Michael. Dft appeared by atty Kelly Hartzler, Tom Hall. Court inquires whether parties are amendable to settlement conference before Magistrate Judge. Pla amenable; dft will confer with client but does not believe it would be productive. Parties are encourage to continue mediation and parties agree on trial dates. Jury Trial set for 7/31/2023 at 09:30 AM (EDT) and the Final Pretrial Conference set for 6/8/2023 at 01:30 PM (EDT) in US District Court - South Bend before Chief Judge Jon E DeGuilio. Parties anticipate a total of 10-12 trial days. Court to issue order controlling trial. Discussion held regarding motions in liminie, Parties to file status report regarding experts, claims remaining and types of damages as well as if injunctive relief is still being sought within 60 days. (Court Reporter Angela Phipps.) (jss)
May 20, 2022	Filing 466 NOTICE of Hearing: A Telephonic Status Conference is SET for 6/9/2022 at 11:00 AM (EDT) before Chief Judge Jon E DeGuilio. Attorneys are DIRECTED to dial 877-336-1839 and enter access code 2977155# at least 5 minutes prior to the conference(jss)
May 19, 2022	Filing 465 STATUS REPORT (Joint Status Report on Mediation) by Johnson Controls Inc. (Hall PHV, Thomas)
April 22, 2022	Filing 464 ORDER: The parties reported to the Court that the mediation held on 4/20/2022 was unsuccessful, however the parties will continue mediation in order to come to a resolution. The Court ORDERS the parties to file a status report on mediation by 6/21/2022. Text only entry by Chief Judge Jon E DeGuilio on 4/22/2022. (jss)
April 19, 2022	Filing 463 ORDER granting #462 Motion to Withdraw as Attorney. Attorney John D Ulmer terminated. Text only entry by Chief Judge Jon E DeGuilio on 4/19/2022. (jss)
April 19, 2022	Filing 462 MOTION to Withdraw as Attorney by Attorney John D. Ulmer by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 18, 2022	Filing 461 TELEPHONE CONFERENCE held on 1/18/2022 before Chief Judge Jon E DeGuilio. Pla appeared by attys Rodney Michael, Thomas Barnard. Dft appeared by attys Lauren Lee, Thomas Hall, Kelly Hartzler. Parties advise the Court that they are in the process of scheduling mediation, most likely for March. The parties are to report to the court after mediation on the status, and if necessary the Court will schedule a Telephone Conference to set a trial date (Court Reporter Ashley Stokes.) (jss) Modified on 1/19/2022 (kms).
December 23, 2021	Filing 460 NOTICE of Hearing: A Telephonic Status Conference is SET for 1/18/2022 at 04:30 PM (EST) in US District Court - South Bend before Chief Judge Jon E DeGuilio. Attorneys are directed to dial 877-336-1839 and enter access code 2977155# at least 5 minutes prior to the hearing.(jss) Modified on 12/23/2021 (jss).
November 2, 2021	Filing 459 OPINION AND ORDER: The Court DENIES Plaintiffs' motion for partial summary judgment #413 ; GRANTS IN PART AND DENIES IN PART JCI's motion for summary judgment on Plaintiffs' common law claims #420 . As a result, only the trespass and nuisance claims, arising out of the alleged cVOC vapor intrusion in the homes of Ms. Chairez, Ms. Tovar, and Ms. Null, remain for trial. Plaintiffs may not recover damages for emotional distress for fear of future illness as a result of cVOC vapor exposure. Signed by Chief Judge Jon E DeGuilio on 11/2/2021. (lhc) Modified on 11/3/2021 cc Tocon Holdings LLC and Duffin (lhc).
October 1, 2021	Filing 458 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Elissa P. Benedek, M.D., FACPsych In Support of Johnson Controls, Inc.'s Motion for Summary Judgment) by Johnson Controls Inc. (Attachments: #1 Exhibit A - Maria Tovar Report (redacted), #2 Exhibit B - Rita Chairez Report (redacted), #3 Exhibit C - Becky Null Report (redacted), #4 Exhibit D - Amos Hostetler Report (redacted), #5 Exhibit E - Deborah Hostetler Report (redacted))(Hall PHV, Thomas)
September 30, 2021	Filing 457 OPINION AND ORDER: The Court GRANTS IN PART Plaintiff's motion to strike #438 ; GRANTS JCI's motion to strike #442 ; DENIES AS MOOT JCI's motion to strike #449 ; GRANTS JCI's motion for summary judgment on Plaintiff's ELA claims #417 . The Court will be issuing a separate order on the parties' motions for common law claims. Signed by Chief Judge Jon E DeGuilio on 9/30/2021. (jss) (copy mailed to pro se parties
September 29, 2021	Filing 456 ORDER: The Court finds that, while the unredacted reports should be filed under seal, the Plaintiff's redacted versions should be filed publicly. The Court DIRECTS the Clerk to term the two motions DE #411 & #431 . Signed by Chief Judge Jon E DeGuilio on 9/29/2021. (jss)
April 30, 2021	Filing 455 NOTICE by Johnson Controls Inc re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) RE: JCI's Notice of Corrections to Summary Judgment Record (Attachments: #1 Exhibit A - Corrected Ex. JCI-70)(Hall PHV, Thomas)
April 29, 2021	Filing 454 Corporate Disclosure Statement by Johnson Controls Inc identifying Corporate Parent Johnson Controls International plc for Johnson Controls Inc.. (Hall PHV, Thomas)
April 5, 2021	Filing 453 REPLY to Response to Motion re #449 MOTION to Strike Portions of Plaintiffs' Statements of Genuine Dispute and Oppositions to Johnson Controls, Inc.'s Motions for Summary Judgment filed by Johnson Controls Inc. (Hall PHV, Thomas)
March 29, 2021	Filing 452 RESPONSE to Motion re #449 MOTION to Strike Portions of Plaintiffs' Statements of Genuine Dispute and Oppositions to Johnson Controls, Inc.'s Motions for Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
March 15, 2021	Filing 451 REPLY to Response to Motion re #438 MOTION to Strike Plaintiffs' Motion to Strike JCI's Summary Judgment Exhibit 48 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
March 15, 2021	Filing 450 REPLY to Response to Motion re #413 MOTION for Partial Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
March 15, 2021	Filing 449 MOTION to Strike Portions of Plaintiffs' Statements of Genuine Dispute and Oppositions to Johnson Controls, Inc.'s Motions for Summary Judgment by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - 2015 Keramida Tr.)(Hall PHV, Thomas)
March 15, 2021	Filing 448 REPLY to Response to Motion re #442 MOTION to Strike Portions of Plaintiffs' Local Rule 56-1 Statement and Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - JCI Dep Ex. 408, #2 Exhibit B - 2019 Keramida Tr.)(Hall PHV, Thomas)
March 15, 2021	Filing 447 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Reply Declaration of Thomas J. Hall in Further Support of Johnson Controls, Inc.'s Motions for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 319 - Keramida Invoices (STE DX H-7), #3 Exhibit 320 - 2015 Keramida Tr., #4 Exhibit 321 - 2015 Null Tr., #5 Exhibit 322 - 2015 D.Hostetler Tr., #6 Exhibit 323 - 2019 Rechtin Tr., #7 Exhibit 324 - 2019 Giddens Tr., #8 Exhibit 325 - Tocon Rule 2004 Tr., #9 Exhibit 326 - 2016 Werwie Tr., #10 Exhibit 327 - 2020 Hutsell Tr.)(Hall PHV, Thomas)
March 15, 2021	Filing 446 REPLY to Response to Motion re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims filed by Johnson Controls Inc. (Hall PHV, Thomas)
March 15, 2021	Filing 445 REPLY to Response to Motion re #417 MOTION for Summary Judgment on Count IV (ELA Claim) filed by Johnson Controls Inc. (Hall PHV, Thomas)
March 8, 2021	Filing 444 RESPONSE to Motion re #438 MOTION to Strike Plaintiffs' Motion to Strike JCI's Summary Judgment Exhibit 48 filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Sept. 2020 Letter, #3 Exhibit B - March 2019 Letter, #4 Exhibit C - Second 2018 Semiannual, #5 Exhibit D - May 2019 Letter, #6 Exhibit E - 2019 Vapor Sampling Tables, #7 Exhibit F - August 2019 Email, #8 Exhibit G - Spaeth Dep Tr., #9 Exhibit H - Fenelon Dep. Tr., #10 Exhibit I - Keramida Dep. Tr.)(Hall PHV, Thomas)
March 8, 2021	Filing 443 RESPONSE to Motion re #442 MOTION to Strike Portions of Plaintiffs' Local Rule 56-1 Statement and Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 Vasiliki Keramida Deposition 2017-11-02 [Excerpts], #2 Exhibit 2 Vasiliki Keramida Deposition 2019-09-02 [Excerpts], #3 Exhibit 3 Vasiliki Keramida Deposition 2015-05-12 [Excerpts], #4 Exhibit 4 IDEM Comment Letter 2018-10-30)(Barnard, Thomas)
February 22, 2021	Filing 442 MOTION to Strike Portions of Plaintiffs' Local Rule 56-1 Statement and Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
February 22, 2021	Filing 441 AFFIDAVIT in Opposition re #413 MOTION for Partial Summary Judgment (Declaration of Thomas J. Hall in Opposition to Plaintiffs Motion for Partial Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI-274 - USEPA Toxicological Review of TCE, #3 Exhibit JCI-275 - 2019 Fedoruk Dep., #4 Exhibit JCI-276 - USEPA Risk Evaluation for TCE, #5 Exhibit JCI-277 - USEPA Meeting Minutes, #6 Exhibit JCI-278 - 2017 Fedoruk Dep., #7 Exhibit JCI-279 - IARC on Monographs on PCE, #8 Exhibit JCI-280 - 2021 Kintigh Dep., #9 Exhibit JCI-281 - 2021 McCann Dep., #10 Exhibit JCI-282 - 2021 Fenelon Dep., #11 Exhibit JCI-283 - 2015 D. Hostetler Dep., #12 Exhibit JCI-284 - 2015 A. Hostetler Dep., #13 Exhibit JCI-285 - Vapor Mitigation Checklist, #14 Exhibit JCI-286 - Fenelon Schmucker Trial Testimony, #15 Exhibit JCI-287 - Photo of Label, #16 Exhibit JCI-288 - 2019 Dawson Dep., #17 Exhibit JCI-289 - EPA 2015 Guidance, #18 Exhibit JCI-290 - IDEM Remediation Closure Guide, #19 Exhibit JCI-291 - 2019 Rechtin Dep., #20 Exhibit JCI-292 - 2019 Giddens Dep., #21 Exhibit JCI-293 - 2019 Swift Dep., #22 Exhibit JCI-294 - 2016 Werwie Dep., #23 Exhibit JCI-295 - 2016 Troup Dep, #24 Exhibit JCI-296 - 2019 Swift Dep., #25 Exhibit JCI-297 - Keramida photos, #26 Exhibit JCI-298 - Taft photos, #27 Exhibit JCI-299 - 2019 Stepanek Dep., #28 Exhibit JCI-300 - 6/19/2014 C. Anderson email, #29 Exhibit JCI-301 - 6/5/2014 C. Anderson email, #30 Exhibit JCI-302 - 2015 Keramida Dep., #31 Exhibit JCI-303 - 2016 Clevenger Dep, #32 Exhibit JCI-304 - 2016 Bankruptcy Tr., #33 Exhibit JCI-305 - 2016 Fenelon Dep., #34 Exhibit JCI-306 - 2021 Anderson Dep., #35 Exhibit JCI-307 - 2017 A. Hostetler Dep., #36 Exhibit JCI-308 - 2017 D. Hostetler Dep., #37 Exhibit JCI-309 - 2017 Chairez Dep., #38 Exhibit JCI-310 - 2015 Chairez Dep., #39 Exhibit JCI-311 - 2017 Null Dep., #40 Exhibit JCI-312 - 2017 Tovar Dep., #41 Exhibit JCI-313 - 2019 Dawson Dep., #42 Exhibit JCI-314 - 12/14/2020 S. McKinley email, #43 Exhibit JCI-315 - 2021 Steadham Dep., #44 Exhibit JCI-316 - 2019 Spaeth Dep., #45 Exhibit JCI-317 - 1996 Law, #46 Exhibit JCI-318 - 1997 Law)(Hall PHV, Thomas)
February 22, 2021	Filing 440 STATEMENT (Johnson Controls, Inc.'s Local Rule 56-1 Statement of Genuine Disputes and Response to Plaintiffs' Local Rule 56-1 Statement of Undisputed Material Facts) re #415 Appendix,,,,,,,,,,,,,,,,,,,,,, filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 22, 2021	Filing 439 RESPONSE to Motion re #413 MOTION for Partial Summary Judgment filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 22, 2021	Filing 438 MOTION to Strike Plaintiffs' Motion to Strike JCI's Summary Judgment Exhibit 48 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 22, 2021	Filing 437 AFFIDAVIT re #435 Response to Motion, #433 Response to Motion, Declaration of Thomas A. Barnard in Support of Plaintiffs' Opposition to JCI's Motions for Summary Judgment by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 78. 2015-02-16 - JCI - First Set of Interrogatories to A. & D. Hostetler, #3 Exhibit 79. JCI Dep. Exhibit 3 (05-12-2015) - Keramida Invoices, #4 Exhibit 80. Keramida Invoices for Feb. 2016 (KERA030830), #5 Exhibit 81. Keramida Mar. 2017 Schmucker Opinion (JCI Dep. Ex. 408), #6 Exhibit 82. 2019-02-15 Letter from T. Barnard to T. Hall, #7 Exhibit 83. 2019-05-03 JCI Email Transmitting Expert Materials, #8 Exhibit 84. Keramida Vasiliki 9-2-2019 (Hostetler), #9 Exhibit 85. Keramida Vasiliki 9-2-2019 (Schmucker), #10 Exhibit 86. IDEM Rule 30(b)(6) Deposition of Donald Stilz (12.07.2016), #11 Exhibit 87. GZA Email 2010-04-29, #12 Exhibit 88. Letter from IDEM to JCI (05.09.2003), #13 Exhibit 89. V. Keramida Schmucker Trial Testimony (2019-12-09), #14 Exhibit 90. M. McCann Schmucker Trial Testimony (2019-12-11), #15 Exhibit 91. H. Dawson Schmucker Trial Testimony (2019-12-11), #16 Exhibit 92. USEPA Region 10 Memo (12.13.2012), #17 Exhibit 93. L. Steadham Dep. (Excerpt), #18 Exhibit 94. GZA 1st 2019 Semiannual Report (2019-08-09), #19 Exhibit 95. GZA 1st 2018 Semiannual Report (2018-06-25), #20 Exhibit 96. Asbestos Abatement Bid (2011) Delta, #21 Exhibit 97. 1213 Egbert Property Record Card, #22 Exhibit 98. Tony Adkins Deposition (2015-12-03), #23 Exhibit 99. Email from Jeff Werwie (2009-07-27), #24 Exhibit 100. Mark Brinson Dep. Excerpts (2020-10-06), #25 Exhibit 101. John Clevenger Bankruptcy Testimony (2015-12-16), #26 Exhibit 102. NULL000297 B. Null Property Tax Records, #27 Exhibit 103. B. Null 2015 Deposition, #28 Exhibit 104. Letter re Elkhart County Well Ordinance 2018-09-04)(Barnard, Thomas)
February 22, 2021	Filing 436 APPENDIX to #435 Response to Motion, Plaintiffs' Appendix & Statement of Disputed Facts in Opposition to JCI's Motion for Summary Judgment (Common Law Claims) by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 22, 2021	Filing 435 RESPONSE to Motion re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims Plaintiffs' Brief in Opposition to JCI's Motion for Summary Judgment (Common Law Claims) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 22, 2021	Filing 434 APPENDIX to #433 Response to Motion, Plaintiffs' Appendix & Statement of Disputed Facts in Opposition to JCI's Motion for Summary Judgment (ELA Claims) by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 22, 2021	Filing 433 RESPONSE to Motion re #417 MOTION for Summary Judgment on Count IV (ELA Claim) Plaintiffs' Brief in Opposition to JCI's Motion for Summary Judgment (ELA Claim) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 21, 2021	Filing 432 RESPONSE to Motion re #431 MOTION to Publicly File Copies of Dr. Elissa Benedek's Expert Reports With Limited Redaction (Response and Plaintiffs' Counter-Motion to File Copies of Dr. Benedek's Expert Reports with Slightly More Redactions) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 20, 2021	Filing 431 MOTION to Publicly File Copies of Dr. Elissa Benedek's Expert Reports With Limited Redaction by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
January 7, 2021	Filing 430 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Peter Zeeb, Ph.D. in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 6/2/2017 Report)(Hall PHV, Thomas)
January 7, 2021	Filing 429 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Gabor Mezei, M.D., Ph.D. in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 4/30/2019 Report, #2 Exhibit B - Updated CV)(Hall PHV, Thomas)
January 7, 2021	Filing 428 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Ellen T. Chang, Sc.D in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 5/3/2019 Report, #2 Exhibit B - 7/23/2019 Rebuttal Report)(Hall PHV, Thomas)
January 7, 2021	Filing 427 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Marion J. Fedoruk, MD, CIH, DABT, FACMT, FACOEM in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 5/3/2019 Report, #2 Exhibit B - 5/14/2019, #3 Exhibit C - 7/24/2019)(Hall PHV, Thomas)
January 7, 2021	Filing 426 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Helen Dawson, Ph.D. in Support of Johnson Controls, Inc.'s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 5/3/2019 Report, #2 Exhibit B - 5/9/2019 Report, #3 Exhibit C - Corrected Figures 10 and 13, #4 Exhibit D - 10/15/2019 Report, #5 Exhibit E - 9/11/2017 Report, #6 Exhibit F - 11/24/2017 Report)(Hall PHV, Thomas)
January 7, 2021	Filing 425 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Thomas J. Hall in Support of Johnson Controls, Inc.s Motions for Summary Judgment -- Part III of III) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI-200_DX 810, #3 Exhibit JCI-201_DX 974, #4 Exhibit JCI-202_JX 24, #5 Exhibit JCI-203_PX 187, #6 Exhibit JCI-204_DX 831, #7 Exhibit JCI-205_DX 901, #8 Exhibit JCI-206_DX 1001, #9 Exhibit JCI-207_Anderson Email, #10 Exhibit JCI-208_Nov. Swift Dep., #11 Exhibit JCI-209_DX 976, #12 Exhibit JCI210PX 190, #13 Exhibit JCI-211_Fenelon Email, #14 Exhibit JCI-212_Weingart Dep., #15 Exhibit JCI-213_Inspection Summary, #16 Exhibit JCI-214_PX 623, #17 Exhibit JCI-215_DX 852, #18 Exhibit JCI-216_DX 849, #19 Exhibit JCI-217_DX 850, #20 Exhibit JCI-218_PX 128, #21 Exhibit JCI-219_DX 923A, #22 Exhibit JCI-220_DX 923B, #23 Exhibit JCI-221_DX 923C, #24 Exhibit JCI-222_Houser Email, #25 Exhibit JCI-223_DX 923D, #26 Exhibit JCI-224_3/30 Email, #27 Exhibit JCI-225_Anderson Email, #28 Exhibit 2JCI-226_ECHD Complaint, #29 Exhibit JCI-227_DX 818, #30 Exhibit JCI-228_Photograph, #31 Exhibit JCI-229_DX 923E, #32 Exhibit JCI-230_DX 185, #33 Exhibit JCI-231_DX 825, #34 Exhibit JCI-232_Demo Checklist, #35 Exhibit JCI-233_DX 923F, #36 Exhibit JCI-234_DX 923G, #37 Exhibit JCI-235_DX 923H, #38 Exhibit JCI-236_MTD Order, #39 Exhibit JCI-237_DX 923I, #40 Exhibit JCI-238_4/23 Email, #41 Exhibit JCI-239_DX 923J, #42 Exhibit JCI-240_DX 923K, #43 Exhibit JCI-241_DX 923L, #44 Exhibit JCI-242_DX 829, #45 Exhibit JCI-243_DX 73, #46 Exhibit JCI-244_DX 804, #47 Exhibit JCI-245_DX 74, #48 Exhibit JCI-246_4/15 Email, #49 Exhibit JCI-247_DX 903, #50 Exhibit JCI-248_DX 58, #51 Exhibit JCI-249_DX 968, #52 Exhibit JCI-250_DX 805, #53 Exhibit JCI-251_DX 60, #54 Exhibit JCI-252_7/21 Email, #55 Exhibit JCI-253_DX 807, #56 Exhibit JCI-254_DX 848, #57 Exhibit JCI-255_11/26 Email, #58 Exhibit JCI-256_DX 813, #59 Exhibit JCI-257_Inspection Summary Ltr., #60 Exhibit JCI-258_DX 923M, #61 Exhibit JCI-259_Bankr. Order, #62 Exhibit JCI-260_Bankr. Hearing, #63 Exhibit JCI-261_2/23 Bankr. Hearing, #64 Exhibit JCI-262_2016 Weingart Dep., #65 Exhibit JCI-263_Spaeth Dep., #66 Exhibit JCI-264_2017 Chairez Dep., #67 Exhibit JCI-265_2017 Null Dep., #68 Exhibit JCI-266_2017 A. Hostetler Dep., #69 Exhibit JCI-267_2017 D. Hostetler Dep., #70 Exhibit JCI-268_Torry Chairez Rpt., #71 Exhibit JCI-269_Torry Null Rpt., #72 Exhibit JCI-270_Torry Tovar Rpt., #73 Exhibit JCI-271_Orris Dep., #74 Exhibit JCI-272_Fedoruk Dep., #75 Exhibit JCI-273_PX 47)(Hall PHV, Thomas)
January 6, 2021	Filing 424 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Thomas J. Hall in Support of Johnson Controls, Inc.s Motions for Summary Judgment -- Part II of III) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI-100_DX I, #3 Exhibit JCI-101_DX I-5, #4 Exhibit JCI-102_JX 6, #5 Exhibit JCI-103_JX 3, #6 Exhibit JCI-104_DX F, #7 Exhibit JCI-105_JX 5, #8 Exhibit JCI-106_JX 4, #9 Exhibit JCI-107_2020 GZA Ltr., #10 Exhibit JCI-108_DX V-2, #11 Exhibit JCI-109_2019 Suppl. Rpt., #12 Exhibit JCI-110_JX 32, #13 Exhibit JCI-111_Drummond Rpt., #14 Exhibit JCI-112_JX 11, #15 Exhibit JCI-113_JX 9, #16 Exhibit JCI-114_Vapor Remedy, #17 Exhibit JCI-115_DX B-2, #18 Exhibit JCI-116_PCE Tox. Profile, #19 Exhibit JCI-117_PX 449, #20 Exhibit JCI-118_TCE Products, #21 Exhibit JCI-119_PCE Products, #22 Exhibit JCI-120_Ryan Dep., #23 Exhibit JCI-121_JX 10, #24 Exhibit JCI-122_DX G-11, #25 Exhibit JCI-123_DX O-1, #26 Exhibit JCI-124_Chang Dep., #27 Exhibit JCI-125_PX 169, #28 Exhibit JCI-126_PX 207, #29 Exhibit JCI-127_DX K-1, #30 Exhibit JCI-128_JX 25, #31 Exhibit JCI-129_JX 12, #32 Exhibit JCI-130_JX 43, #33 Exhibit JCI-131_JX30, #34 Exhibit JCI-132_JX35, #35 Exhibit JCI-133_Hulewicz Dep., #36 Exhibit JCI-134_Amos Ltr., #37 Exhibit JCI-135_Chairez Jurisdiction, #38 Exhibit JCI-136_2017 Tovar Dep., #39 Exhibit JCI-137_2017 Null Dep., #40 Exhibit JCI-138_Null Property, #41 Exhibit JCI-139_Null Jurisdiction, #42 Exhibit JCI-140_Indemn. Agreement, #43 Exhibit JCI-141_Werwie Dep., #44 Exhibit JCI-142_Asbestos Survey, #45 Exhibit JCI-143_Troup Dep., #46 Exhibit JCI-144_Werwie Email, #47 Exhibit JCI-145_Adkins Rule 2004 Dep., #48 Exhibit JCI-146_Rechtin Rpt., #49 Exhibit JCI-147_Carter Dep., #50 Exhibit JCI-148_Houser Dep., #51 Exhibit JCI-149_PX 282, #52 Exhibit JCI-150_Hutsell Dep., #53 Exhibit JCI-151_Houser Email, #54 Exhibit JCI-152_DX 861, #55 Exhibit JCI-153_Stout Figure, #56 Exhibit JCI-154_EPA Memo, #57 Exhibit JCI-155_Rechtin Dep., #58 Exhibit JCI-156_DX 805, #59 Exhibit JCI-157_PX 186, #60 Exhibit JCI-158_PX 188, #61 Exhibit JCI-159_DX 189, #62 Exhibit JCI-160_Stepanek Rpt., #63 Exhibit JCI-161_Giddens Dep., #64 Exhibit JCI-162_Mezei Dep., #65 Exhibit JCI-163_PX 581, #66 Exhibit JCI-164_List of Chemicals, #67 Exhibit JCI-165_PX 572, #68 Exhibit JCI-166_News Articles, #69 Exhibit JCI-167_Null Ltr., #70 Exhibit JCI-168_Pinnyei Complaint, #71 Exhibit JCI-169_Pinnyei Dismissal, #72 Exhibit JCI-170_Osborne Dep., #73 Exhibit JCI-171_Swift Dep., #74 Exhibit JCI-172_PX 278, #75 Exhibit JCI-173_DX 975, #76 Exhibit JCI-74_DX 840, #77 Exhibit JCI-175_DX 183, #78 Exhibit JCI-176_DX 821, #79 Exhibit JCI-177_PX 275, #80 Exhibit JCI-178_2012 Werwie Email, #81 Exhibit JCI-179_DX 820, #82 Exhibit JCI-180_PX 49, #83 Exhibit JCI-181_Satkus Email, #84 Exhibit JCI-182_DX 826, #85 Exhibit JCI-183_Houser Email, #86 Exhibit JCI-184_4/13 Werwie Email, #87 Exhibit JCI-185_2013 Werwie Email, #88 Exhibit JCI-186_Clevenger Email, #89 Exhibit JCI-187_Demo Notification, #90 Exhibit JCI-188_DX 925, #91 Exhibit JCI-189_8/15 Werwie Email, #92 Exhibit JCI-190_2013 Demo Notification, #93 Exhibit JCI-191_DX 927, #94 Exhibit JCI-192_Brinson Dep., #95 Exhibit JCI-193_DX 828, #96 Exhibit JCI-194_DX 930, #97 Exhibit JCI-195_Hazinski Dep., #98 Exhibit JCI-196_DX 155, #99 Exhibit JCI-197_9/16 Werwie Email, #100 Exhibit JCI-198_DX 800, #101 Exhibit JCI-199_DX 998)(Hall PHV, Thomas)
January 6, 2021	Filing 423 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Thomas J. Hall in Support of Johnson Controls, Inc.s Motions for Summary Judgment -- Part I of III) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI1_Null Interrogatories, #3 Exhibit JCI2_Tovar Interrogatories, #4 Exhibit JCI3_Chairez Interrogatories, #5 Exhibit JCI4_Hostetlers Interrogatories, #6 Exhibit JCI5_Chairez Suppl. Interrogatories, #7 Exhibit JCI6_Amos Suppl. Interrogatories, #8 Exhibit JCI7_Debbie Suppl. Interrogatories, #9 Exhibit JCI8_Null Suppl. Interrogatories, #10 Exhibit JCI9_Tovar Suppl. Interrogatories, #11 Exhibit JCI10_Plaintiffs' Third Interrogatories, #12 Exhibit JCI11_Null RFP, #13 Exhibit JCI12_Tovar RFP, #14 Exhibit JCI13_Chairez RFP, #15 Exhibit JCI14_Hostetlers RFP, #16 Exhibit JCI15_Plaintiffs' Fourth RFP, #17 Exhibit JCI16_Plaintiffs' Disclosures, #18 Exhibit JCI17_Plaintiffs' Suppl. Disclosures, #19 Exhibit JCI18_Plaintiffs' 2nd Suppl. Disclosures, #20 Exhibit JCI19_2015 Chairez Dep., #21 Exhibit JCI20_2015 A. Hostetler Dep., #22 Exhibit JCI21_2015 D. Hostetler Dep., #23 Exhibit JCI22_2015 Tovar Dep., #24 Exhibit JCI23_2015 Keramida Dep., #25 Exhibit JCI24_2019 Keramida Dep., #26 Exhibit JCI25_DX 5, #27 Exhibit JCI26_DX 154, #28 Exhibit JCI27_PX 63, #29 Exhibit JCI28_PX 244, #30 Exhibit JCI29_2017 Keramida Rpt., #31 Exhibit JCI30_Keramida Rebuttal, #32 Exhibit JCI31_2019 Keramida Rpt., #33 Exhibit JCI32_11/3 Keramida Dep., #34 Exhibit JCI33_11/2 Keramida Dep., #35 Exhibit JCI34_Trimmer Ltr., #36 Exhibit JCI35_Siehoff Dep., #37 Exhibit JCI36_Agreement, #38 Exhibit JCI37_SOC Record, #39 Exhibit JCI38_ERM Rpt., #40 Exhibit JCI39_Property Card, #41 Exhibit JCI40_Werwie 30(b)(6), #42 Exhibit JCI41_EPA Ltr., #43 Exhibit JCI42_JCI Ltr., #44 Exhibit JCI43_Closure Plan, #45 Exhibit JCI44_IDEM Ltr., #46 Exhibit JCI45_1992 IDEM Ltr., #47 Exhibit JCI46_Site Rpt., #48 Exhibit JCI47_JX 1, #49 Exhibit JCI48_2020 Semiannual, #50 Exhibit JCI49_DX 937, #51 Exhibit JCI50_PX 573, #52 Exhibit JCI51_Soil Work Plan, #53 Exhibit JCI52_PX 681, #54 Exhibit JCI53_JX 19, #55 Exhibit JCI54_DX F-6, #56 Exhibit JCI55_MOU, #57 Exhibit JCI56_2004 MOU, #58 Exhibit JCI57_Anderson Dep., #59 Exhibit JCI58_McCann Dep., #60 Exhibit JCI59_2000 IDEM Ltr., #61 Exhibit JCI60_Closure Rpt., #62 Exhibit JCI61_Robertson Dep., #63 Exhibit JCI62_2020 Anderson Dep., #64 Exhibit JCI63_Fenelon Trial, #65 Exhibit JCI64_JX 2, #66 Exhibit JCI65_JX 21, #67 Exhibit JCI66_DX G-4, #68 Exhibit JCI67_JX 27, #69 Exhibit JCI68_Williams Dep., #70 Exhibit JCI69_DX 934, #71 Exhibit JCI70_McCann Trial, #72 Exhibit JCI71_DX A-5, #73 Exhibit JCI72_JX 7, #74 Exhibit JCI73_DX L, #75 Exhibit JCI74_DX Q-4, #76 Exhibit JCI75_JX 31, #77 Exhibit JCI76_DX N, #78 Exhibit JCI77_2020 IDEM Ltr., #79 Exhibit JCI78_DX 938, #80 Exhibit JCI79_DX 939, #81 Exhibit JCI80_DX 827, #82 Exhibit JCI81_DX 957, #83 Exhibit JCI82_DX 958, #84 Exhibit JCI83_DX 959, #85 Exhibit JCI84_2003 Soil Rpt., #86 Exhibit JCI85_JX 29, #87 Exhibit JCI86_JX 22, #88 Exhibit JCI87_Funderburk Order, #89 Exhibit JCI88_DX 194, #90 Exhibit JCI89_DX 947, #91 Exhibit JCI90_DX 981, #92 Exhibit JCI91_DX 981, #93 Exhibit JCI92_DX 978, #94 Exhibit JCI93_Tetra Rpt., #95 Exhibit JCI94_JX 14, #96 Exhibit JCI95_DX S-4, #97 Exhibit JCI96_JX 8, #98 Exhibit JCI97_DX H, #99 Exhibit JCI98_GZA Ltr., #100 Exhibit JCI99_DX M)(Hall PHV, Thomas)
January 6, 2021	Filing 422 STATEMENT - Local Rule 56.1 Statement of Material Facts Regarding Plaintiffs' Common Law Claims re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims filed by Johnson Controls Inc. (Hall PHV, Thomas)
January 6, 2021	Filing 421 MEMORANDUM in Support of #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims filed by Johnson Controls Inc. (Hall PHV, Thomas)
January 6, 2021	Filing 420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
January 6, 2021	Filing 419 STATEMENT - Local Rule 56.1 Statement of Material Facts Regarding ELA Claims re #417 MOTION for Summary Judgment on Count IV (ELA Claim) filed by Johnson Controls Inc. (Hall PHV, Thomas)
January 6, 2021	Filing 418 MEMORANDUM in Support of #417 MOTION for Summary Judgment on Count IV (ELA Claim) filed by Johnson Controls Inc. (Hall PHV, Thomas)
January 6, 2021	Filing 417 MOTION for Summary Judgment on Count IV (ELA Claim) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
January 6, 2021	Filing 416 AFFIDAVIT re #413 MOTION for Partial Summary Judgment Declaration of Thomas A. Barnard in Support of Plaintiffs' Motion for Partial Summary Judgment by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 6, 2021	Filing 415 APPENDIX to #414 Memorandum in Support of Motion for Partial Summary Judgment by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 01. Amos Hostetler Deposition (05-19-2015), #3 Exhibit 02. Amos Hostetler Deposition (09-28-2017), #4 Exhibit 03. Expert Opinion of Vasiliki Keramida Ph.D. (02-07-2019), #5 Exhibit 04. Debbie Hostetler Deposition (05-19-2015), #6 Exhibit 05. Debbie Hostetler Deposition (09-28-2017), #7 Exhibit 06. Rita Chairez Deposition (05-20-2015), #8 Exhibit 07. Rita Chairez Deposition (09-27-2017), #9 Exhibit 08. Becky Null Deposition (05-21-2015), #10 Exhibit 09. Becky Null Deposition (09-27-2017), #11 Exhibit 10. Maria Tovar Deposition (05-20-2015), #12 Exhibit 11. Maria Tovar Deposition (09-26-2017), #13 Exhibit 12. JCI Answer to Complaint, Dkt. 10 (06-02-2015), #14 Exhibit 13. Tocon Answer to Complaint, Dkt. 7 (08-25-2014), #15 Exhibit 14. Expert Report of Dr. Kenneth Spaeth (02-15-2019), #16 Exhibit 15. Morrison, et al. Chlorinated Solvents Chapter, #17 Exhibit 16. USEPA Toxicological Review of TCE (Sep. 2011), #18 Exhibit 17. Expert Report of Dr. Peter Orris (02-11-2019), #19 Exhibit 18. Expert Report of Dr. Kathleen Gilbert (02-11-2019), #20 Exhibit 19. IDEM Remediation Closure Guide, Sec. 1 - Introduction, #21 Exhibit 20. USEPA Risk Assessment for Toxic Air Pollutants, #22 Exhibit 21. USEPA Regional Screening Level Table, Resident Ambient Air, #23 Exhibit 22. USEPA Region 9 Memo (07-02-2014), #24 Exhibit 23. ATSDR Public Health Statement Tetrachloroethylene, #25 Exhibit 24. ERM, Phase I Environmental Site Assessment (02.2006), #26 Exhibit 25. Deposition of Stan Leedy (05.27.1993), #27 Exhibit 26. Jeff Werwie JCI 30(b)(6) Deposition (3.3.2017), #28 Exhibit 27. Affidavit of Tom Kintigh (02-01-2019), #29 Exhibit 28. JCI TCE Release Chart (Pls.' Dep. Ex. #422), #30 Exhibit 29. Jeff Werwie Affidavit re JCI & Tocon's Indemnification and Access Agreement (11.17.2011), #31 Exhibit 30. Cole Associates, Interim Site Investigation (Feb. 1992), #32 Exhibit 31. Traverse Group Site Investigation Report (12.10.1992), #33 Exhibit 32. JCI Voluntary Remediation Agreement (08.05.1996), #34 Exhibit 33. ERM Memorandum, 03-13-1997, #35 Exhibit 34. Bernard Fenelon Deposition (10-27-2016), #36 Exhibit 35. GZA Vapor Intrusion and Mitigation Report (07.12.2012), #37 Exhibit 36. GZA 2018 First Semi-Annual Report, #38 Exhibit 37. Deposition of Daryl Lamb (08.18.2017), #39 Exhibit 38. JCI Chart Interruptions in Functioning of Vapor Mitigation Systems (Mar. 2017), #40 Exhibit 39. 2018 GZA Vapor Intrusion Sampling Data, #41 Exhibit 40. Helen Dawson Expert Report (2019-05-03), #42 Exhibit 41. Supplement to Helen Dawson Expert Report (2019-10-15), #43 Exhibit 42. IDEM Asbestos - Asbestos In Indiana - Protecting Workers and the Public From Asbestos, #44 Exhibit 43. IDEM Asbestos - About Asbestos-Containing Materials, #45 Exhibit 44. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 1 of 3), #46 Exhibit 44. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 2 of 3), #47 Exhibit 44. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 3 of 3), #48 Exhibit 45. IDEM Asbestos - Health Risks and Environmental Impacts, #49 Exhibit 46. Agreement Between Tony Adkins & Richard Swift, #50 Exhibit 47. Adkins Anthony Deposition (12-4-2015), #51 Exhibit 48. Richard Swift Criminal History, #52 Exhibit 49. Tony Adkins 341 Meeting Testimony, #53 Exhibit 50. Email String Hershberger - Werwie - GZA (02-23-2012), #54 Exhibit 51. Email String Between Jeff Werwie & David Troup (03-25-2012), #55 Exhibit 52. JCI Email String (11-11-2013), #56 Exhibit 53. Troup Email to Werwie (11-12-2013), #57 Exhibit 54. Email String from Jeff Werwie (12-11-2013), #58 Exhibit 55. David Troup Email (03.20.2014), #59 Exhibit 56. Dennis Carter Deposition & Pls.' Ex. #35, #60 Exhibit 57. Trena Hazinski Deposition, #61 Exhibit 58. USEPA Action Memo, #62 Exhibit 59. David Troup Deposition & JCI Dep. Ex. #189, #63 Exhibit 60. Email String Between Jeff Werwie & David Troup (04.13.2014), #64 Exhibit 61. Bernard Fenelon Email to David Troup (05.28.2014), #65 Exhibit 62. David Troup Email to Bernard Fenelon (05.28.2014), #66 Exhibit 63. David Troup Email to Jeff Werwie (05.28.2014), #67 Exhibit 64. Email String Between Tom Mills, Tony Adkins, & Richard Swift (06.05.2014), #68 Exhibit 65. Werwie Email to Troup 12.03.2014, #69 Exhibit 66. Troup Email to Werwie 12.10.2014, #70 Exhibit 67. Expert Report of Adam Stepanek (02-11-2019), #71 Exhibit 68. Deposition of Jeffrey Rechtin (2019-04-23), #72 Exhibit 69. Becky Null House Photo 2014, 1213 Egbert (KERA025219), #73 Exhibit 70. KERAMIDA Inc. Asbestos Inspection Report (02.04.2016), #74 Exhibit 71. Email from Plaintiffs' Counsel to USEPA (02.04.2016), #75 Exhibit 72. USEPA Region V POLREP #7, Former TOCON Holdings Asbestos Site (12.29.2016), #76 Exhibit 73. A. Hostetler Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #77 Exhibit 74. D. Hostetler Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #78 Exhibit 75. R. Chairez Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #79 Exhibit 76. B. Null Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #80 Exhibit 77. M. Tovar Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019))(Barnard, Thomas)
January 6, 2021	Filing 414 MEMORANDUM in Support of #413 MOTION for Partial Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 6, 2021	Filing 413 MOTION for Partial Summary Judgment by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 5, 2021	Filing 412 ORDER : The Court GRANTS IN PART the #411 Consent Motion to File Under Seal and For Leave to Delay Filing Exhibits to Motion for Summary Judgment. The Defendants are GRANTED leave to file their unredacted exhibits to 1/20/2021. The Court TAKES UNDER ADVISEMENT the motion to seal the exhibits. Text only entry by Chief Judge Jon E DeGuilio on 1/5/2021. (jss)
January 4, 2021	Filing 411 Consent MOTION to Seal AND FOR LEAVE TO DELAY FILING WITH THE COURT CERTAIN EXHIBITS TO JOHNSON CONTROLS INC.'S MOTION FOR SUMMARY JUDGMENT by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
November 13, 2020	Filing 410 ORDER: Dispositive motions to be filed by 1/6/2021; Responses are to be filed by 2/22/2021; and Replies are to be filed by 3/15/2021. For Johnson Controls' motion, the parties will have 40 pages for the opening and response briefs, and 25 pages for the reply. Signed by Chief Judge Jon E DeGuilio on 11/13/20. (ksp)
November 3, 2020	Filing 409 STATUS REPORT (JOINT) by Johnson Controls Inc. (Hall PHV, Thomas)
October 13, 2020	Filing 408 ORDER: The parties are directed to confer and file a joint status report, by 11/3/2020, indicating (1) whether they intend to file motions for summary judgment; (2) if so, what briefing deadlines they propose for those motions; and (3) whether they believe a settlement conference with a magistrate judge or a private mediation would be fruitful at this time. Text only entry by Chief Judge Jon E DeGuilio on 10/13/2020. (jss)
October 13, 2020	Filing 407 OPINION AND ORDER DENYING #397 MOTION to exclude Dr. Torry's Opinions. Signed by Chief Judge Jon E DeGuilio on 10/13/2020. (Copy mailed to pro se parties)(mrm)
October 8, 2020	Filing 406 OPINION AND ORDER GRANTING in part and DENYING in part Johnson Controls' Motion to exclude Dr. Keramida's opinions #393 . The Court excludes Dr. Keramida's calculations as to vapors from the plant and parking areas, and her upper-bound calculation as to TCE from the neighborhood groundwater. The Court otherwise denies the motion, however, so Dr. Keramida may present her calculations as modified to reflect the vapor concentrations from the neighborhood groundwater (with the site-specific attenuation factor) and the sewer pipes. Signed by Chief Judge Jon E DeGuilio on 10/8/2020. (Copy mailed to pro se party)(mrm)
September 16, 2020	Filing 405 OPINION AND ORDER granting #394 Motion to exclude these three experts' opinions that the Plaintiffs are at an increased risk of adverse health effects. Signed by Chief Judge Jon E DeGuilio on 09/16/2020. (Copy mailed to pro se party) (jat)
August 21, 2020	Filing 404 OPINION AND ORDER: GRANTING in part and DENYING in part #383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek by Defendant Johnson Controls Inc., Johnson Controls Inc. As to Mr. Rechtin and Mr. Giddens, the Court excludes Opinion 1 and testimony on the medical impact of asbestos, but otherwise denies the motion. The Court grants the motion to exclude as to Ms. Stout but denies the motion as to Dr. Stepanek. Signed by Chief Judge Jon E DeGuilio on 8/21/2020. (lhc)
March 20, 2020	Filing 403 REPLY to Response to Motion re #397 SEALED MOTION (Reply In Support Of Motion To Exclude Opinions Of Dr. Zachary Torry) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Torry's Deposition Transcript)(Hall PHV, Thomas)
March 20, 2020	Filing 402 REPLY to Response to Motion re #394 MOTION to Exclude Opinions of (1) Dr. Peter Orris, (2) Dr. Kenneth Spaeth and (3) Dr. Kathleen Gilbert filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Orris's 2019 Deposition Transcript)(Hall PHV, Thomas)
March 20, 2020	Filing 401 REPLY to Response to Motion re #393 MOTION to Exclude Opinions of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Sampling Data, #2 Exhibit B - Keramida's March 2017 Schmucker Report, #3 Exhibit C - Schmucker Trial Transcript, #4 Exhibit D - Keramida's 2019 Deposition Transcript)(Hall PHV, Thomas)
February 28, 2020	Filing 400 RESPONSE to Motion re #397 SEALED MOTION (Plaintiffs' Response to Defendant Johnson Controls, Inc.'s Motion to Exclude the Expert Opinions of Dr. Zachary Torry) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Torry CV, #3 Exhibit 2 -- Torry Deposition (2019-07-16) [Excerpts], #4 Exhibit 3 -- Torry Statement of Qualifications & Objectives, #5 Exhibit 4 -- Torry Expert Witness Case List, #6 Exhibit 5 -- Benedek Report on B. Null (2019-05-10) [Excerpt, #7 Exhibit 6 -- Benedek Deposition (2019-07-31) [Excerpts])(Barnard, Thomas)
February 28, 2020	Filing 399 RESPONSE to Motion re #394 MOTION to Exclude Opinions of (1) Dr. Peter Orris, (2) Dr. Kenneth Spaeth and (3) Dr. Kathleen Gilbert filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Keramida Report (2019-02-07) [Excerpts], #3 Exhibit 2 -- Dawson Report (2019-05-03) [Excerpts], #4 Exhibit 3 -- GZA 1st 2019 Semiannual Report, Table 9, #5 Exhibit 4 -- Orris Report (2019-02-11), #6 Exhibit 5 -- Spaeth Report (2019-02-15), #7 Exhibit 6 -- Gilbert CV, #8 Exhibit 7 -- Gilbert Deposition (2019-06-24) [Excerpts], #9 Exhibit 8 -- Scientific Advisory Committee on Chemicals Charter, #10 Exhibit 9 -- Toxicological Review of TCE (Sep. 2011) [Excerpts], #11 Exhibit 10 -- Gilbert Report (2019-02-11), #12 Exhibit 11 -- Kirk v. Schaeffler Group, Gilbert Report, #13 Exhibit 12 -- Spaeth CV, #14 Exhibit 13 -- Spaeth Deposition (2019-06-28) [Excerpts], #15 Exhibit 14 -- World Health Org. -- Airborne Dust, #16 Exhibit 15 -- USEPA Action Memorandum (2016-07-15, #17 Exhibit 16 -- North Brunswick Township High School Health Consultation (2017-03-24), #18 Exhibit 17 -- Orris CV, #19 Exhibit 18 -- Orris Deposition (2019-07-01) [Excerpts])(Barnard, Thomas)
February 28, 2020	Filing 398 RESPONSE to Motion re #393 MOTION to Exclude Opinions of Dr. Vasiliki Keramida filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Keramida Report (2019-02-07), #3 Exhibit 2 -- OSWER Vapor Intrusion Technical Guide [Excerpts], #4 Exhibit 3 -- Dawson Conceptual Site Model (Ex. C to Schmucker 2017 Report), #5 Exhibit 4 -- Dawson Deposition (2017-11-29) [Excerpts], #6 Exhibit 5 -- Schmucker v. JCI Trial Vol. 4 (2019-12-12) [Excerpts], #7 Exhibit 6 -- Keramida Deposition (2019-09-02) [Excerpts], #8 Exhibit 7 -- GZA 1st 2019 Semiannual Report [Excerpts], #9 Exhibit 8 -- Dawson Deposition (2019-09-17) [Excerpts], #10 Exhibit 9 -- Pls.' Dep. Ex. 949 (09-17-19), #11 Exhibit 10 -- Pls.' Dep. Ex. 944 (09-17-19, #12 Exhibit 11 -- Pls.' Dep. Ex. 954 (09-17-19), #13 Exhibit 12 -- Keramida Deposition (2017-11-02) [Excerpts], #14 Exhibit 13 -- JCI Dep. Ex. 583, Fig. 2 (2019-09-02), #15 Exhibit 14 -- Pls.' Dep. Ex. 895 (09-17-19), #16 Exhibit 15 -- Ettinger Deposition (2019-09-24) [Excerpts], #17 Exhibit 16 -- JCI Dep. Ex. 587 (2019-09-02), #18 Exhibit 17 -- JCI Dep. Ex. 603 (2019-09-02), #19 Exhibit 18 -- JCI Letter to IDEM (2004-03-04))(Barnard, Thomas)
January 23, 2020	Filing 397 Sealed Motion to Exclude Expert Opinions. (Attachments: #1 Index of Exhibits to JCIs Motion to Exclude the Opinions of Dr. Zachary Torry, #2 Exhibit A - Dr. Torry's Expert Report re: Plaintiff Rita Chairez, #3 Exhibit B - Dr. Torry's Expert Report re: Plaintiff Becky Null, #4 Exhibit C - Dr. Torry's Expert Report re: Plaintiff Maria Tovar, #5 Exhibit D - Deposition Transcript of Dr. Kenneth Spaeth, #6 Exhibit E - Deposition Transcript of Dr. Peter Orris, #7 Exhibit F - Deposition Transcript of Dr. Zachary Torry, #8 Exhibit G - GZA First 2019 Semiannual Report, #9 Exhibit H - Deposition Transcript of Dr. Elissa P. Benedek)(Hall PHV, Thomas) Modified on 1/28/2020 (jss).
January 22, 2020	Filing 396 ORDER: The Court GRANTS the #395 Motion to Seal. Johnson Controls should file its unredacted motions as to Dr. Torry under seal. Signed by Judge Jon E DeGuilio on 1/22/2020. (jss)
January 14, 2020	Filing 395 MOTION to File Under Seal an Unredacted Copy of JCI's Motion to Exclude the Expert Opinions of Dr. Zachary Torry and to Publicly File a Redacted Copy by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - redacted copy of JCI's Motion to Exclude the Expert Opinions of Dr. Zachary Torry)(Hall PHV, Thomas)
December 31, 2019	Filing 394 MOTION to Exclude Opinions of (1) Dr. Peter Orris, (2) Dr. Kenneth Spaeth and (3) Dr. Kathleen Gilbert by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Expert Report of Dr. Orris, #3 Exhibit B - Expert Report of Dr. Spaeth, #4 Exhibit C - Expert Report of Dr. Gilbert, #5 Exhibit D - First 2019 Semiannual Report, #6 Exhibit E - Expert Report of Dr. Helen Dawson, #7 Exhibit F - Drinking Water Results for 1113 Sander Avenue, #8 Exhibit G - Debbie Hostetler Dep. Tr., #9 Exhibit H - Dr. Spaeth Dep. Tr., #10 Exhibit I - Dr. Keramida Dep. Tr., #11 Exhibit J - Trial Transcript in Schmucker case, #12 Exhibit K - Dr. Gilbert Dep. Tr., #13 Exhibit L - Blackline Comparison of Dr. Orriss Schmucker Report and Hostetler Report, #14 Exhibit M - Dr. Orris 2019 Dep. Tr., #15 Exhibit N - Dr. Orris Invoice, #16 Exhibit O - Dr. Orris 2017 Dep. Tr. in Schmucker, #17 Exhibit P - Expert Report of Dr. Ellen Chang, #18 Exhibit Q - Expert Report of Dr. Gilbert in Kirk v. Schaeffer Grp. USA Inc. case)(Hall PHV, Thomas)
December 31, 2019	Filing 393 MOTION to Exclude Opinions of Dr. Vasiliki Keramida by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Expert Report of Dr. Keramida, #3 Exhibit B - Dr. Keramida Dep. Tr., #4 Exhibit C - First 2019 Semiannual Report, #5 Exhibit D - Debbie Hostetler Dep. Tr., #6 Exhibit E - Amos Hostetler Dep. Tr., #7 Exhibit F - Expert Report of Dr. Marion J. Fedoruk, #8 Exhibit G - Reference Manual on Scientific Evidence, #9 Exhibit H - Expert Report of Dr. Helen Dawson, #10 Exhibit I - 5/2019 Supplemental Expert Report of Dr. Helen Dawson, #11 Exhibit J - Expert Report of Mr. Robert Ettinger, #12 Exhibit K - EPA OSWER Guidance, #13 Exhibit L - IDEM Guidance, #14 Exhibit M - 10/2019 Supplemental Expert Report of Dr. Helen Dawson, #15 Exhibit N - Dr. Helen Dawson Dep. Tr., #16 Exhibit O - Site Investigation Report, #17 Exhibit P - Emulsified Zero-Valent Iron Soil Remedial Action Report, #18 Exhibit Q - Written Direct Testimony of Dr. Keramida in Schmucker, #19 Exhibit R - EPA's Implementation of Johnson & Ettinger Model, #20 Exhibit S - Vapor Intrusion through Sewer Systems)(Hall PHV, Thomas)
December 30, 2019	Filing 392 ORDER granting unopposed #391 Motion for Leave to File. Daubert motions are due 12/31/2019 and are to be filed by 1/17/2020. This is a text-only order by Judge Jon E DeGuilio on 12/30/2019. (saj)
December 27, 2019	Filing 391 MOTION for Leave to File Johnson Controls, Inc.'s Unopposed Motion for Leave to Delay Filing with the Court its Daubert Motion by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
November 14, 2019	Filing 390 ORDER GRANTING #384 Motion to set Briefing Deadlines. Johnson Controls may file 3 Daubert motions, not to exceed 70 pages total by 12/31/2019. Plaintiffs may file responses to the Daubert motions, not to exceed 70 pages total, by 2/28/2020. Johnson Controls may file reply briefs, not to exceed 30 pages total by 3/20/2020. (cc: Tocon Holdings LLC and Gene Duffin by regular mail) Signed by Judge Jon E DeGuilio on 11/14/19. (mlc) Modified on 11/15/2019 to add routing (mlc).
November 11, 2019	Filing 389 REPLY to Response to Motion re #383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek filed by Johnson Controls Inc. (Hall PHV, Thomas)
October 21, 2019	Filing 388 RESPONSE to Motion re #383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 01. Email from Carmen Anderson (03.06.2012), #3 Exhibit 02. USEPA Action Memo (07.15.2016), #4 Exhibit 03. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 1 of 3), #5 Exhibit 03. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 2 of 3), #6 Exhibit 03. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 3 of 3), #7 Exhibit 04. Werwie Affidavit (11.17.2011), #8 Exhibit 05. 2006 Micro-Air Asbestos Survey, #9 Exhibit 06. Email from Jeff Werwie (2009-07-27), #10 Exhibit 07. Emails Between Jeff Werwie & John Osborne (2009-10-08), #11 Exhibit 08. Grove Appraisal (2011-04-22), #12 Exhibit 09. Agreement Between Tony Adkins & Richard Swift, #13 Exhibit 10. Email from James Weingart re Swift Background (2015-02-27), #14 Exhibit 11. Richard Swift Criminal History, #15 Exhibit 12. Tony Adkins 341 Meeting Testimony, #16 Exhibit 13. GZA & JCI Emails re Asbestos Bids (2011-04-29), #17 Exhibit 14. Email from Jeff Werwie (03.05.2012), #18 Exhibit 15. Email from David Bauer (2011-05-11), #19 Exhibit 16. Email from John Osborne, #20 Exhibit 17. Becky Hershberger Bankruptcy Testimony, #21 Exhibit 18. Email from Jeff Werwie, #22 Exhibit 19. Emails Between JCI & GZA (2012-02-23), #23 Exhibit 20 Email from Carmen Anderson 2012-03-06, #24 Exhibit 21. Email from Jeff Werwie (2012-03-25), #25 Exhibit 22. Doyle Houser Inspection Report (2012.04.06), #26 Exhibit 23. Email from John Clevenger (2012-04-19), #27 Exhibit 24. Email from David Troup, #28 Exhibit 25. Email from Jeff Werwie, #29 Exhibit 26. Carter Abatement Notification (2012-05-16), #30 Exhibit 27. Deposition of Dennis Carter (2015-12-02), #31 Exhibit 28. Email from Bernard Fenelon (2012-08-15), #32 Exhibit 29. Email from Jeff Werwie, #33 Exhibit 30. Carter Abatement Notification (2013-01-28), #34 Exhibit 31. Email from Jeff Werwie (11.06.2013), #35 Exhibit 32. Dennis Carter Admin. & Engnr. Bldgs. Quote (2013-12-18), #36 Exhibit 33. Deposition of Trena Hazinski (2017-11-17), #37 Exhibit 34. Email from David Troup (03.20.2014), #38 Exhibit 35. Werwie & Troup Emails (2014.04.13), #39 Exhibit 36. David Troup Email to Bernard Fenelon (05.28.2014), #40 Exhibit 37. Fenelon Email to Troup with Sampling Locations (2014.05.28), #41 Exhibit 38. Deposition of David Troup (2016-10-05), #42 Exhibit 39. Email from Bernard Fenelon, #43 Exhibit 40. Email from Jeff Werwie, #44 Exhibit 41. Cheryl Satkus Inspection Photos (10-30-2014), #45 Exhibit 42. Email from John Clevenger (2014-11-20), #46 Exhibit 43. Email from John Clevenger (2014-11-21), #47 Exhibit 44. IDEM Dec. 2014 Inspection Report, #48 Exhibit 45. Clevenger Email (2014-12-03), #49 Exhibit 46. Deposition of John Clevenger (2016-09-30), #50 Exhibit 47. FFSB Mills Email to Swift (2014-12-11), #51 Exhibit 48. FFSB Disbursements to Swift, #52 Exhibit 49. Swift Dumping Receipts, #53 Exhibit 50. Email from Tom Mills (2015-02-12), #54 Exhibit 51. John Clevenger Bankruptcy Testimony, #55 Exhibit 52. IDEM Dec. 2015 Inspection Report, #56 Exhibit 53. KERAMIDA Inc. Asbestos Inspection Report (02.04.2016), #57 Exhibit 54. Taft Email to Andy Maguire 02.04.2016, #58 Exhibit 55. Photo of Asbestos Sign, #59 Exhibit 56. Tetra Tech Removal Assessment, #60 Exhibit 57. USEPA Polrep #7 (2016-12-29), #61 Exhibit 58. USEPA Demand Letter, #62 Exhibit 59. Email from Jeff Werwie, #63 Exhibit 60. Jeffrey Rechtin CV, #64 Exhibit 61. Deposition of Joseph Giddens (2019-05-16), #65 Exhibit 62. Deposition of Jeffrey Rechtin (2019-04-23), #66 Exhibit 63. Joseph (Ty) Giddens CV, #67 Exhibit 64. Report of Kristen Stout, #68 Exhibit 65. Deposition of Kristen Stout (2019-04-18), #69 Exhibit 66. Adam Stepanek Report, #70 Exhibit 67. Deposition of Adam Stepanek (2019-04-16), #71 Exhibit 68. Adam Stepanek CV)(Barnard, Thomas)
October 16, 2019	Filing 387 REPLY in SUPPORT OF #384 MOTION to Set Deadlines for Remaining Daubert Motions filed by Johnson Controls Inc. (Hall PHV, Thomas) Modified on 10/17/2019 to correct docket text to reflect document title (jat).
October 15, 2019	Filing 386 RESPONSE to Motion re #384 MOTION to Set Deadlines for Remaining Daubert Motions filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 Email to JCI Counsel 2019-10-07)(Barnard, Thomas)
October 8, 2019	Filing 385 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Michael G Gotsch, Sr is now terminated. All further matters will now be handled by Judge Jon E DeGuilio unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm)
October 7, 2019	Filing 384 MOTION to Set Deadlines for Remaining Daubert Motions by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
September 20, 2019	Filing 383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek by Defendant Johnson Controls Inc. (Attachments: #1 Memorandum of Law in Support of Motion to Exclude, #2 Index of Exhibits, #3 Exhibit A - J. Rechtin and J. Giddens Report, #4 Exhibit B - K. Stout Report, #5 Exhibit C - A. Stepanek Report, #6 Exhibit D - IDEM Notification of Demolition Operations, #7 Exhibit E - Order on Motion to, #8 Exhibit F - Email from B. Hershberger to J. Werwie, #9 Exhibit G - 2014 IDEM Asbestos Inspection, #10 Exhibit H - 2015 IDEM Asbestos Inspection, #11 Exhibit I - Dep. Transcript of V. Keramida, #12 Exhibit J - USEPA Pollution Report #7, #13 Exhibit K - Rechtin Report, Ref. 1, #14 Exhibit L - Dep. Transcript of J. Giddens, #15 Exhibit M - Dep. Transcript of J. Rechtin, #16 Exhibit N - Dep. Transcript of K. Stout, #17 Exhibit O - Decl. of K. Stout, #18 Exhibit P - Dep. Transcript of A. Stepanek, #19 Exhibit Q - CV of A. Stepanek)(Hall PHV, Thomas)
September 3, 2019	Filing 382 NOTICE of Appearance by Allison L Silverman PHV on behalf of Johnson Controls Inc (Silverman PHV, Allison)
September 3, 2019	Filing 381 ORDER granting #380 Application to Appear Pro Hac Vice of Attorney Allison L Silverman PHV for Johnson Controls Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/3/2019. (ace)
August 30, 2019	Filing 380 Application for Attorney Allison L. Silverman to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3994488(Pro Hac Vice Temporary login, )
July 19, 2019	Filing 379 ORDER: The Court GRANTS JCI's motion DE #374 . The Court ORDERS Plaintiffs to produce Dr. Keramida in either Indianapolis, Indiana or New York, New York for a deposition before 9/16/19. The Court takes no further position on exactly when that deposition shall occur. Accordingly, the expert discovery deadline is EXTENDED until 9/30/19, for the limited purpose of conducting Dr. Keramida's deposition and any additional, but limited, discovery logically related to it. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/19/19. (nal)
July 19, 2019	Filing 378 STATEMENT of John D. Ulmer regarding #377 Reply to Response to Motion, filed by Johnson Controls Inc. (Ulmer, John)
July 17, 2019	Filing 377 REPLY to Response to Motion re #374 Emergency MOTION to Compel Plaintiffs To Produce Vasiliki Keramida For Deposition In Early September 2019 And To Extend The Deadline For Expert Discovery filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Markey Order, #2 Exhibit B - 7/11/19 Transcript)(Hall PHV, Thomas)
July 16, 2019	Filing 376 TRANSCRIPT of Telephonic Status Conference held on July 11, 2019, before Judge Jon E. DeGuilio. Court Reporter Joanne Hoffman, Telephone number (574)246-8038/Joanne_Hoffman@innd.uscourts.gov. Tape Number: N/A. 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 7/25/2019. Redaction Request due 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019. (jh)
July 16, 2019	Filing 375 RESPONSE to Motion re #374 Emergency MOTION to Compel Plaintiffs To Produce Vasiliki Keramida For Deposition In Early September 2019 And To Extend The Deadline For Expert Discovery filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. Affidavit of Vasiliki Keramida, #2 Exhibit 2. Letter to JCI (05.10.2019), #3 Exhibit 3. Letter from JCI (05.13.2019), #4 Exhibit 4. Email from JCI (03.15.2019))(Barnard, Thomas)
July 12, 2019	Filing 374 Emergency MOTION to Compel Plaintiffs To Produce Vasiliki Keramida For Deposition In Early September 2019 And To Extend The Deadline For Expert Discovery by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - JCI May 13 Letter, #2 Exhibit B - Plaintiffs' May 20 Email, #3 Exhibit C - JCI June 26 Email)(Hall PHV, Thomas)
July 11, 2019	Filing 373 ORDER re #366 Motion to Set Briefing Deadlines for Certain Daubert Motions and #370 Joint Motion To Set Deadlines For Daubert Motions. Johnson Controls may file a single Daubert motion on expert opinions related to asbestos exposure by 9/20/19. The response will be due 10/21/19 and the reply will be due 11/11/19. The Court declines to set deadlines for non-asbestos-related motions at this time, and the parties should direct any issues relating to the outstanding discovery to the magistrate judge. Signed by Judge Jon E DeGuilio on 7/11/19. (nal)
July 11, 2019	Filing 372 TELEPHONIC STATUS CONFERENCE held on 7/11/2019 before Judge Jon E DeGuilio. Pla appeared by attys Ulmer, Michael, Barnard & Wolowski. Dft appeared by attys Hall & Hartzler. Counsel directed to take any discovery issues up with the Magistrate Judge. Court will address briefing schedules by separate order. 11:33-12:06 (Court Reporter Hoffman) (saj)
June 12, 2019	Filing 371 ORDER - A Telephonic Status Conference is set for 7/11/2019 11:30 AM (EST) before Judge Jon E DeGuilio. Counsel to initiate the call into the Court's bridge using the information provided by email. No cell phones or speaker phones please. This is a text-only order by Judge Jon E DeGuilio on 6/12/2019. (saj)
June 5, 2019	Filing 370 Joint MOTION To Set Deadlines For Daubert Motions by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
May 23, 2019	Filing 369 ORDER GRANTING #367 Unopposed Motion for 18-Day Extension of Time to Complete Expert Discovery. The deadline for the completion of expert discovery is extended to, and including, 08/02/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 05/23/2019. (jat)
May 22, 2019	Filing 368 RESPONSE to Motion re #366 MOTION Motion to Set Briefing Deadlines for Certain Daubert Motions filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 5-20-19 Email with JCI Counsel)(Barnard, Thomas)
May 22, 2019	Filing 367 MOTION for Extension of Time to Complete Discovery (EXPERT) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
May 21, 2019	Filing 366 MOTION Motion to Set Briefing Deadlines for Certain Daubert Motions by Defendant Johnson Controls Inc. (Hartzler, Kelly)
March 25, 2019	Filing 365 ORDER granting #364 Motion for Extension of Expert Discovery Deadlines. The deadline for disclosure of JCIs expert reports is extended up and until May 3, 2019, except that the deadline for disclosure of the reports of its expert psychiatrist and expert psychologist is extended up and until May 10, 2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/25/19. (kjp)
March 22, 2019	Filing 364 MOTION for Extension of Expert Discovery Deadlines re #355 Scheduling Order,, (Unopposed) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
March 6, 2019	Filing 363 Corporate Disclosure Statement by Johnson Controls Inc identifying Corporate Parent Johnson Controls International plc for Johnson Controls Inc.. (Hall PHV, Thomas)
March 5, 2019	Filing 362 ORDER granting #361 Application to Appear Pro Hac Vice of Attorney Mark T Hayden PHV for Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, and Maria Tovar. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/5/2019. (mtr)
March 4, 2019	Filing 361 Application for Attorney Mark T. Hayden to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3825434(Pro Hac Vice Temporary login, )
December 21, 2018	Filing 360 STATUS REPORT (Joint) by Johnson Controls Inc. (Hall PHV, Thomas)
December 13, 2018	Filing 359 ORDER WITHDRAWING #354 MOTION to Bifurcate filed by Debbie Hostetler, Becky Null, Maria Tovar, Rita Chairez, Amos Hostetler.The Court VACATES the existing deadlines for Daubert motions. The Court will contact the parties prior to the close of discovery to set those deadlines. Joint Status Report due by 12/28/2018. Signed by Judge Jon E DeGuilio on 12/13/18. (kjp) (Copy mailed to pro se parties). Modified on 12/17/2018 to note copies mailed. (nal)
November 28, 2018	Filing 358 PARTIAL OBJECTION by Johnson Controls Inc to #357 Notice (Other) . (Hall PHV, Thomas)
November 27, 2018	Filing 357 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar re #354 MOTION to Bifurcate Notice of Withdrawal of Plaintiffs' Motion to Bifurcate (Barnard, Thomas)
November 20, 2018	Filing 356 RESPONSE to Motion re #354 MOTION to Bifurcate filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2012 GZA Report Excerpts, #2 Exhibit B - 2000 ERM Report Excerpts, #3 Exhibit C - Null Dep Excerpts)(Hall PHV, Thomas)
November 8, 2018	Filing 355 SCHEDULING ORDER: Plaintiff expert witness disclosures and reports to be delivered to the defendant by 2/15/2019. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/15/2019. Defendant's Daubert motions due 4/30/19; Plaintiff's Daubert motions and response to Defendant's Daubert Motions to be filed by 5/30/2019; Defendants' Reply in support of Defendants' Daubert Motions to be filed by 6/14/2019; Defendants' Response to Plaintiffs' Daubert Motions to be filed by 7/1/2019; Plaintiffs' reply in support of Plaintiffs' Daubert motions and Expert Discovery deadline is 7/15/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/8/18. (mlc)
November 7, 2018	Filing 354 WITHDRAWN per DE #359 MOTION to Bifurcate by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. GZA Indoor Air & Sub-Slab Testing Data Tables 9 & 12)(Barnard, Thomas) Modified on 12/14/2018 (kjp).
November 5, 2018	Filing 353 STATUS REPORT (Joint) by Johnson Controls Inc. (Hall PHV, Thomas)
October 19, 2018	Filing 352 ORDER: Parties are ORDERED to meet and confer by 10/31/2018, to define narrowly the scope of the expert discovery and to identify reasonable deadlines for its completion. Parties shall then file a joint status report by 11/5/2018 informing the Court of the results of their meeting. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/19/2018. (jld)
October 15, 2018	Filing 351 BRIEF re #347 Order,,, Set Deadlines,, Johnson Controls, Inc.'s Brief In Support Of Its Position That All Discovery Is Closed. (Hall PHV, Thomas)
October 15, 2018	Filing 350 BRIEF re #347 Order,,, Set Deadlines,, Plaintiffs' Brief in Response to the Court's October 4, 2018, Order Regarding Continued Expert Discovery. (Barnard, Thomas)
October 5, 2018	Filing 348 TRANSCRIPT of Telephonic Status Conference held on October 3, 2018, before Judge Jon E. DeGuilio. Court Reporter Joanne Hoffman, Telephone number (574) 246-8038/joanne_hoffman@innd.uscourts.gov. Tape Number: N/A. 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 10/17/2018. Redaction Request due 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019. (jh)
October 4, 2018	Filing 347 ORDER: In the interests of fairness and justice, the parties may each file a short brief by 10/15/18. If any briefs are filed, theCourt will assess whether further discovery is warranted. However, the Court ADVISES the parties that it is reluctant to permit any further discovery given the age of this case and the extensive opportunities the parties have had to complete discovery during the pendency of this action. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/4/18. (Copy mailed to pro se parties). (nal)
October 3, 2018	Filing 349 RECEIPT of USCA case #18-8016 Order, DENYING Plaintiff's Petition for Permission to Appeal pursuant to Federal Rule of Civil Procedure 23(f). (nae)
October 3, 2018	Filing 346 ORDER REFERRING CASE to Magistrate Judge Michael G Gotsch, Sr., pursuant to 28 U.S.C. 636(b)(1)(A), Fed. R. Civ. P. 72(a), and N.D. Ind. L.R. 72-1, to determine whether the Plaintiffs should be permitted to conduct any additional discovery, and to oversee further discovery, if any, that may take place. The magistrate judge may of course accept any submissions from the parties on those issues as he sees fit. The brightline notice [DE 318] is accordingly vacated. Signed by Judge Jon E DeGuilio on 10/3/18. (ksp) (cc: Tocon Holdings LLC)
October 3, 2018	Filing 345 TELEPHONIC STATUS CONFERENCE held on 10/3/2018 before Judge Jon E DeGuilio. Pla appeared by attys Ulmer, Michael, Barnard, and Wolowski. Dft appeared by attys Hall and Hartzler. Court discussed the issue of expert discovery with counsel. 11:30-11:41 (Court Reporter Hoffman) (saj)
September 5, 2018	Filing 344 ORDER - A Telephonic Status Conference is set for 10/3/2018 at 11:30 AM (EST) before Judge Jon E DeGuilio. Counsel will initiate the call by calling into the Court's bridge using information sent by email. No cell phones or speaker phones please. This is a text-only order by Judge Jon E DeGuilio on 9/5/2018. (saj)
August 15, 2018	Filing 343 OPINION AND ORDER: Court DENIES #301 Motion for Class Certification. Johnson Controls' #313 Motion to Strike Dr. Keramida's Opinions is GRANTED IN PART AND DENIED IN PART. The remaining #310 , #325 , #327 Motions to Strike and the #323 Motion for an evidentiary hearing are DENIED. Signed by Judge Jon E DeGuilio on 8/15/2018. cc: Tocon Holdings LLC (tc)
July 18, 2018	Filing 342 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar of Supplemental Authority (Attachments: #1 Exhibit A - Opinion from US Court of Appeals for the Sixth Circuit)(Barnard, Thomas)
May 22, 2018	Filing 341 NOTICE by Johnson Controls Inc (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - UTC)(Hall PHV, Thomas)
April 20, 2018	Filing 340 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar re #301 MOTION to Certify Class (Notice of Supplemental Authority) (Attachments: #1 Ex. A Andrews v. Plains All American Pipeline, L.P.)(Barnard, Thomas)
April 2, 2018	Filing 339 NOTICE by Johnson Controls Inc re #312 Response to Motion -- Notice Of Supplemental Authority (Attachments: #1 Exhibit A - Modern Holdings)(Hall PHV, Thomas)
March 9, 2018	Filing 338 AFFIDAVIT in Support re #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida /Reply Declaration Of Thomas J. Hall In Further Support Of JCI's Motion To Strike The Opinions Of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2018 Sampling Results, #2 Exhibit B - Keramida Book Chapter)(Hall PHV, Thomas)
March 9, 2018	Filing 337 REPLY to Response to Motion re #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida filed by Johnson Controls Inc. (Hall PHV, Thomas)
March 9, 2018	Filing 336 REPLY to Response to Motion re #310 MOTION to Exclude JCI's Experts filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. IDEM Attenuation Factors Guidance (9.29.2016), #3 Exhibit 02. Deposition of Dr. Helen Dawson (11.29.2017) [Excerpts], #4 Exhibit 03. IDEM Comment Letter to JCI (10.27.2017), #5 Exhibit 04. Presentation by Dr. Dawson, Characterizing Variability in Indoor Air Concentrations at Vapor Intrusion Sites (03.19.2013), #6 Exhibit 05. Letter from Tom Barnard to Andrew Skroback (12.01.2016), #7 Exhibit 06. Letter from Tom Barnard to Tom Hall and Andrew Skroback (12.09.2016), #8 Exhibit 07. Deposition of Ellie Stapleton-Yu (01.11.2017))(Barnard, Thomas)
March 2, 2018	Filing 335 REPLY to Response to Motion re #327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 27, 2018	Filing 334 REPLY to Response to Motion re #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 27, 2018	Filing 333 REPLY to Response to Motion re #323 MOTION for Evidentiary Hearing on Plaintiffs' Motion for Class Certification re #301 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 22, 2018	Filing 332 RESPONSE to Motion re #327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 20, 2018	Filing 331 AFFIDAVIT in Opposition re #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion /Declaration Of Kelly Charles In Opposition To Plaintiffs' Motion To Strike Expert Declarations As Untimely filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Fedoruk Markup, #2 Exhibit B - Dawson Markup)(Hall PHV, Thomas)
February 20, 2018	Filing 330 RESPONSE to Motion re #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Fedoruk Transcript, #2 Exhibit B - Dawson Transcript)(Hall PHV, Thomas)
February 20, 2018	Filing 329 RESPONSE to Motion re #323 MOTION for Evidentiary Hearing on Plaintiffs' Motion for Class Certification re #301 MOTION to Certify Class filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 8, 2018	Filing 328 BRIEF in Support of #327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, filed by Rita Chairez, Debbie Hostetler, Amos Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 8, 2018	Filing 327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 5, 2018	Filing 326 BRIEF in Support of #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion filed by Rita Chairez, Debbie Hostetler, Amos Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 5, 2018	Filing 325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 5, 2018	Filing 324 AFFIDAVIT in Opposition re #310 MOTION to Exclude JCI's Experts /Declaration of Kelly Charles filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Keramida Invoices)(Hall PHV, Thomas)
February 5, 2018	Filing 323 MOTION for Evidentiary Hearing on Plaintiffs' Motion for Class Certification re #301 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 5, 2018	Filing 322 RESPONSE to Motion to Strike the Expert Opinions Of Dr. Vasilki Keramida filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. Deposition of Dr. Helen Dawson (11.28-29.2017) [Excerpts], #3 Exhibit 02. Attachment #1 to July 14, 2017 Report of Dr. Keramida, #4 Exhibit 03. Deposition of Dr. Vasiliki Keramida (05.12.2015) [Excerpts], #5 Exhibit 04. Affidavit of Holly R. Petty (02.05.2018), #6 Exhibit 05. Dr. Keramida Schmucker Expert Opinion (03.17.2017), #7 Exhibit 06. Deposition of Dr. Vasiliki Keramida (09.23.2015) [Excerpts], #8 Exhibit 07. Testimony of Dr. Vasiliki Keramida in Tocon LLC Bankruptcy Hearing (12.16.2015) [Excerpts], #9 Exhibit 08. KERAMIDA Inc. Asbestos Inspection Report (02.04.2016), #10 Exhibit 09. Tocon's Brief in Support of Objection to Motion to Dismiss Bankruptcy, In re Tocon Holdings LLC [DE 23], #11 Exhibit 10. JCI's Objection to Motion to Dismiss Bankruptcy, In re Tocon Holdings LLC [DE 24], #12 Exhibit 11. Deposition of Dr. Vasiliki Keramida (11.02-03.2017) [Excerpts], #13 Exhibit 12. March 19, 2013 Presentation by Dr. Helen Dawson (Pls.' Ex. #781), #14 Exhibit 13. USEPA OSWER 2015 Vapor Guide [Excerpts], #15 Exhibit 14. Lab Data From GZA's 2015 First Semi-Annual Report [Excerpt], #16 Exhibit 15. USEPA Regional Screening Level for TCE, #17 Exhibit 16. Pls. Ex. #797 (Email from USEPA 11.29.2017), #18 Exhibit 17. IDEM 1997 Letter Requiring 1x10-6 for Off-Site Risk, #19 Exhibit 18. Dr. Helen Dawson, Lowry Air Force Base Report, 04.30.2014 (Pls.' Ex. #769), #20 Exhibit 19. USEPA Former TOCON Holdings Asbestos Site Final Removal Polrep (12.29.2016), #21 Exhibit 20. Rebuttal Affidavit of Dr. Vasiliki Keramida (10.11.2017), #22 Exhibit 21. McHugh v. Madison-Kipp Corp., No. 3-11-cv-724 (W.D. Wis. Apr. 16, 2012) [DE #72], #23 Exhibit 22. Deposition of Amos Hostetler [Excerpt], #24 Exhibit 23. Deposition of Marilyn Cook [Excerpt], #25 Exhibit 24. Deposition of Joyce Pederson [Excerpt], #26 Exhibit 25. Richard Swift Criminal Record)(Barnard, Thomas)
February 5, 2018	Filing 321 AFFIDAVIT in Opposition re #310 MOTION to Exclude JCI's Experts /Declaration of Thomas J. Hall filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Figure 1, #3 Exhibit B - Client list, #4 Exhibit C - EPA 2015 Guidance, #5 Exhibit D - IDEM 2012 Guidance, #6 Exhibit E - EPA 2002 Guidance, #7 Exhibit F - Dawson Transcript, #8 Exhibit G - 2016 IDEM Guidance, #9 Exhibit H - Sailor Letter, #10 Exhibit I - Skroback Letter)(Hall PHV, Thomas)
February 5, 2018	Filing 320 RESPONSE to Motion re #310 MOTION to Exclude JCI's Experts filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 5, 2018	Filing 319 REPLY to Response to Motion re #301 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. Deposition of Dr. Peter Mesard (11.07.2017) [Excerpt], #3 Exhibit 02. JCI Memo Regarding Chemical Usage at Goshen Site (09.03.1996), #4 Exhibit 03. Site Investigation Report for the Johnson Controls Facility (11.04.1992), #5 Exhibit 04. USEPA Region 10 Memo (12.13.2012), #6 Exhibit 05. JCIs Responses to Plaintiffs Requests for Admission Re Jurisdictional Issues (09.23.2015), #7 Exhibit 06. Deposition of Carmen Anderson (10.12.2016) [Excerpts], #8 Exhibit 07. Rebuttal Affidavit of Dr. Vasiliki Keramida (10.11.2017), #9 Exhibit 08. Email from IDEM to GZA (12.21.2017), #10 Exhibit 09. Rule 30(b)(6) Deposition of Donald Stilz (Dec. 7, 2016) [Excerpts], #11 Exhibit 10. Letter from GZA to JCI (11.25.2014), #12 Exhibit 11. JCI's 2017 First Semiannual Groundwater Report (09.08.2017), #13 Exhibit 12. Presentation, Groundwater to Indoor Air Vapor Intrusion Issues, by Dr. Helen Dawson (06.03.2002), #14 Exhibit 13. Voluntary Remediation Agreement (08.05.1996), #15 Exhibit 14. Letter from IDEM to JCI (05.09.2003), #16 Exhibit 15. GZA Vapor Intrusion and Mitigation Report (07.12.2012), #17 Exhibit 16. Supplemental Groundwater Evaluation Report (01.13.2009), #18 Exhibit 17. TCE Source Evaluation Report (02.19.2015), #19 Exhibit 18. Deposition of Bernard Fenelon (11.27.2016) [Excerpts], #20 Exhibit 19. Email from Bernard Fenelon (07.02.2013), #21 Exhibit 20. Letter from Plaintiffs' Counsel to IDEM re Sewer Sampling (10.18.2016), #22 Exhibit 21. McHugh v. Madison-Kipp Corp. 3-11-cv-724 (W.D. Wis. Apr. 16, 2012) [DE #72], #23 Exhibit 22. JCI's Responses to Plaintiffs' First Requests for Admission (Schmucker) (11.02.2016), #24 Exhibit 23. Plaintiffs Proposed List of Categories of Evidence at Class-Wide Liability Issues Trial, #25 Exhibit 24. Dr. Keramida Schmucker Opinion (03.17.2017), #26 Exhibit 25. Greene v. Will 1st Amended Complaint [DE #66], #27 Exhibit 26. Greene v. Will Default Judgment Order [DE 226], #28 Exhibit 27. Ebert v. General Mills Expert Report of Dr Thomas McHugh [Excerpts])(Barnard, Thomas)
January 4, 2018	Filing 318 * VACATED PER ORDER DE #346 * NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Michael G Gotsch, Sr is now terminated. All further matters will now be handled by Judge Jon E DeGuilio unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm) Modified on 10/3/2018 to add text (ksp).
December 22, 2017	Filing 317 AFFIDAVIT in Opposition re #301 MOTION to Certify Class -- Declaration Of Kelly Charles In Opposition To Plaintiff's Motion For Class Certification filed by Johnson Controls Inc. (Attachments: #1 Exhibit 1 - Scott Affidavit, #2 Exhibit 2 - Scott Affidavit Highlights, #3 Exhibit 3 - Keramida Invoices)(Hall PHV, Thomas)
December 22, 2017	Filing 316 AFFIDAVIT in Opposition re #301 MOTION to Certify Class -- Declaration of Marion J. Fedoruk, MD In Opposition To Plaintiff's Motion For Class Certification filed by Johnson Controls Inc. (Hall PHV, Thomas)
December 22, 2017	Filing 315 AFFIDAVIT in Opposition re #301 MOTION to Certify Class , #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida -- Declaration of Helen Dawson, Ph. D. In Opposition To Plaintiff's Motion For Class Certification And In Support Of JCI's Motion To Strike The Opinions Of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Exhibit 1 - Dawson Report, Part 1, #2 Exhibit 2 - Dawson Report, Part 2, #3 Exhibit 3 - Dawson Supplement)(Hall PHV, Thomas)
December 22, 2017	Filing 314 AFFIDAVIT in Opposition re #301 MOTION to Certify Class , #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida -- Declaration of Thomas J. Hall In Opposition To Plaintiff's Motion For Class Certification And In Support Of JCI's Motion To Strike The Opinions Of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Work Plan, #3 Exhibit B - Work Plan, #4 Exhibit C - Martin Ryan Deposition, #5 Exhibit D - Ruth Williams Deposition, #6 Exhibit E - Work Plan, #7 Exhibit F - Vasiliki Keramida Deposition, #8 Exhibit G - EPA Guidance, #9 Exhibit H - IDEM Guidance, #10 Exhibit I - IDEM Guidance, #11 Exhibit J - Vasiliki Keramida Deposition, #12 Exhibit K - IDEM Guidance, #13 Exhibit L - IDEM Guidance, #14 Exhibit M - Work Plan, #15 Exhibit N - Email from Carmen Anderson to John Osborne, #16 Exhibit O - Email from Carmen Anderson to Bernard Fenelon, #17 Exhibit P - Carmen Anderson Deposition, #18 Exhibit Q - 2012 Report, #19 Exhibit R - 2017 Report, #20 Exhibit S - 2015 Report, #21 Exhibit T - Vasiliki Keramida Deposition, #22 Exhibit U - EPA Report, #23 Exhibit V - Bankruptcy Court Hearing, #24 Exhibit W - Keramida Rebuttal Report, #25 Exhibit X - Contract Addendum, #26 Exhibit Y - Letter from Keramida, Inc. to IDEM, #27 Exhibit Z - Letter from Keramida, Inc. to IDEM, #28 Exhibit AA - Keramida Supplement, #29 Exhibit BB - Helen Dawson Deposition, #30 Exhibit CC - Email from IDEM to Bernard Fenelon, #31 Exhibit DD - Peter Zeeb Declaration, #32 Exhibit EE - Amos Hostetler Deposition, #33 Exhibit FF - Deborah Hostetler Deposition, #34 Exhibit GG - Becky Null Deposition, #35 Exhibit HH - Rita Chairez Deposition, #36 Exhibit II - Maria Tovar Deposition, #37 Exhibit JJ - Maria Tovar Deposition, #38 Exhibit KK - Newspaper Articles, #39 Exhibit LL - Letters from R.T. Hammond, #40 Exhibit MM - Goshen News, #41 Exhibit NN - Letter from Andrea Robertson to John Hulewicz, #42 Exhibit OO - Letter from Joseph McCorkel to Andrea Robertson, #43 Exhibit PP - Letter from Joseph McCorkel to Lori VanDiepenbos, #44 Exhibit QQ - Marilyn Cook Deposition, #45 Exhibit RR - Jeff Werwie Deposition)(Hall PHV, Thomas)
December 22, 2017	Filing 313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida by Defendant Johnson Controls Inc. (Attachments: #1 Motion To Strike The Expert Opinions Of Dr. Vasilki Keramida, #2 Appendix)(Hall PHV, Thomas)
December 22, 2017	Filing 312 RESPONSE to Motion re #301 MOTION to Certify Class filed by Johnson Controls Inc. (Attachments: #1 Appendix)(Hall PHV, Thomas)
December 22, 2017	Filing 311 MEMORANDUM in Support of #310 MOTION to Exclude JCI's Experts filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. Report of Dr. Helen Dawson (09.11.2017), #3 Exhibit 02. 2015 OSWER Technical Guide, #4 Exhibit 03. Keramida Class Area Map (Ex. 2, Fig. 1), #5 Exhibit 04. Dawson Supplemental Report (11.24.2017), #6 Exhibit 05. Dawson Exhibit S1.C-2, Neighborhood Areas with Potential for VI Impacts, #7 Exhibit 06. Presentation, Groundwater to Indoor Air Vapor Intrusion Issues, by Dr. Dawson (06.03.2002), #8 Exhibit 07. Deposition of Dr. Vasiliki Keramida, Nov. 2-3, 2017 [Excerpts], #9 Exhibit 08. Dawson Exhibit B [Curriculum Vitae], #10 Exhibit 09. Deposition of Dr. Helen Dawson, Nov. 28-29, 2017 [Excerpts], #11 Exhibit 10. 2002 OSWER Draft Vapor Guidance, #12 Exhibit 11. Presentation, EPA Vapor Intrusion Database Preliminary Analysis of Attenuation Factors, by Dr. Dawson (Mar. 2008), #13 Exhibit 12. Presentation, Mass Flux Characterization for VI Assessment and Mitigation, by Dr. Dawson (10.2.2014), #14 Exhibit 13. Presentation, Vapor Intrusion (VI) What is it, Why is it a Problem, Regulatory Status, by Dr. Dawson (04.27.2015), #15 Exhibit 14. Presentation, Vapor Intrusion Regulatory Update and Advances in Assessment Tools, by Dr. Dawson (01.14.2016), #16 Exhibit 15. Dawson Exhibit D3, Sewer Gas Sampling Results 20162017, #17 Exhibit 16. Dawson Exhibit E-1, Sub-Slab Sampling Data (2011-2017), #18 Exhibit 17. Dawson Exhibit E-2, Indoor Air Sampling Data (2011-2017), #19 Exhibit 18. Transcript of Dr. Dawson's Mar. 19, 2013 Speech at AHES Vapor Intrusion Workshop [Excerpt], #20 Exhibit 19. GZA Drawing of Sanitary Sewer 2s Connections (9.30.2016), #21 Exhibit 20. Dawson Exhibit S3.3, Fidler's Drive Home Sewer Connections, #22 Exhibit 21. Dawson Exhibit D-2, Utility Backfill Vapor Analytical Results, #23 Exhibit 22. Dawson Exhibit S1.C-1, Monitoring Well Data, May 2017, #24 Exhibit 23. Photos of 519 S. 15th Crawlspace, #25 Exhibit 24. A+ Radon Invoice for 517 S. 15th & 519 S. 15th, #26 Exhibit 25. Fedoruk Report (09.11.2017), #27 Exhibit 26. Deposition of Dr. Marion Fedoruk, Nov. 10, 2017 [Excerpts])(Barnard, Thomas)
December 22, 2017	Filing 310 MOTION to Exclude JCI's Experts by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
December 19, 2017	Filing 309 ORDER granting #308 Joint Motion to Extend Briefing Deadlines. Defendant FCI's brief in response to Plaintiffs' motion for class certification AND all evidentiary objections or Daubert motions related to class certification are now due by 12/22/2017. This is a text-only order by Judge Jon E DeGuilio on 12/19/2017. (saj)
December 18, 2017	Filing 308 Joint MOTION To Extend Briefing Deadlines by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
December 18, 2017	Filing 307 ORDER granting Motion [DE 306] to the extent that Johnson Controls may have up to 35 pages for its response to the motion for class certification, and the Plaintiffs may have up to 20 pages for their reply. The parties may also have up to 30 pages for the opening and response briefs on the Daubert motions. Signed by Judge Jon E DeGuilio on 12/18/17. (ksp)
December 12, 2017	Filing 306 MOTION Unopposed to File Oversized Brief In Response to Plaintiffs' Motion for Class Certification & To File Oversized Daubert Brief by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
November 1, 2017	Filing 305 ORDER: Court GRANTS #297 Motion for Extension of Fact Discovery Deadline. The eighteen depositions MUST be completed by 12/1/2017. Parties ADVISED that no further extensions of the fact discovery deadline will be granted absent extraordinary circumstances. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/1/2017. cc: Tocon Holdings (tc)
October 30, 2017	Filing 304 REPLY to Response to Motion re #297 MOTION for Extension of Time to Complete Discovery /Extension Of Fact Discovery Deadline For The Limited Purpose Of Deposing Individuals Whose Interviews Formed The Basis Of Plaintiffs' Expert's Opinions Regarding Asbestos And To Accommod ate Two Rescheduled Depositions filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Deposition Cover Sheets, #3 Exhibit B - Farrell Dep., #4 Exhibit C - Barhydt Dep., #5 Exhibit D - Zeller Dep., #6 Exhibit E - Deposition Calendar)(Hall PHV, Thomas)
October 30, 2017	Filing 303 AFFIDAVIT in Support re #301 MOTION to Certify Class (Affidavit of Vasiliki Keramida, Ph.D.) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. V. Keramida Resume, #3 Exhibit 2. Figures (Part 1 of 3), #4 Exhibit 2. Figures (Part 2 of 3), #5 Exhibit 2. Figures (Part 3 of 3), #6 Exhibit 3. E2600-15 Vapor Encroachment Screening, #7 Exhibit 4. Vapor Data Tables 1-12, #8 Exhibit 5. Goshen Utilities & Sewers, #9 Exhibit 6. USEPA June 2015 OSWER, #10 Exhibit 7. Questionnaires of Interviews with Residents)(Barnard, Thomas)
October 30, 2017	Filing 302 MEMORANDUM in Support of #301 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. Class Area Map, #3 Exhibit 2. Greene v. Will, No. 3-09-CV-510-PPS-CAN (N.D. Ind. Jan. 29, 2013), #4 Exhibit 3. Phase I Environmental Site Assessment, #5 Exhibit 4. JCI TCE Spill Summary, #6 Exhibit 5. Site Investigation Report for the Johnson Controls Facility, #7 Exhibit 6. Historical Investigation Summary, #8 Exhibit 7. Letter from GZA to David Troup (11.25.2014), #9 Exhibit 8. USEPA IRIS TCE Report, #10 Exhibit 9. 1992 516 S. 15th Drinking Water Results, #11 Exhibit 10. Pinnyei v. Johnson Controls, Laslo Pinnyei Medical History, #12 Exhibit 11. Pinnyei Settlement Order, #13 Exhibit 12. Letter from IDEM to JCI (05.09.2003), #14 Exhibit 13. Letter from JCI to IDEM (05.28.2003), #15 Exhibit 14. Letter from JCI to IDEM (11.03.2003), #16 Exhibit 15. GZA Vapor Intrusion Report, #17 Exhibit 16. GZA 2016 1st Semi-Annual Report, #18 Exhibit 17. 2006 Asbestos Survey, #19 Exhibit 18. USEPA Action Memo, #20 Exhibit 19. Email from D. Troup to J. Werwie (12.10.2014), #21 Exhibit 20. Email from Carmen Anderson to Corey Webb (07.02.2014), #22 Exhibit 21. Affidavit of Penny Scott (01.13.2015), #23 Exhibit 22. Affidavit of Penny Scott (12.15.2016), #24 Exhibit 23. List of Class Properties, #25 Exhibit 24. Affidavit of Amos Hostetler, #26 Exhibit 25. Affidavit of Debbie Hostetler, #27 Exhibit 26. Affidavit of Rita Chairez, #28 Exhibit 27. Affidavit of Becky Null, #29 Exhibit 28. Affidavit of Maria Tovar, #30 Exhibit 29. Greene v. Will, No. 3-09-CV-510-PPS-CAN (N.D. Ind. Apr. 16, 2013), #31 Exhibit 30. Declaration of Thomas A. Barnard, #32 Exhibit 31. Declaration of John D. Ulmer, #33 Exhibit 32. In re Behr Dayton Thermal Products, LLC, No. 3-08-cv-326 (S.D. Ohio Mar. 20, 2017))(Barnard, Thomas)
October 30, 2017	Filing 301 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
October 30, 2017	Filing 300 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO EXTEND CLASS-RELATED EXPERT DISCOVERY DEADLINE AND CLASS-RELATED BRIEFING SCHEDULE #299 . IT IS, THEREFORE, ORDERED that: The class-related expert discovery deadline is extended to and including 11/29/2017; and the briefing schedule related to Plaintiffs' Motion for Class Certification is amended as follows: Defendant JCI's brief in response must be filed by 12/20/2017; All evidentiary objections or Daubert motions are due by 12/20/2017; Plaintiffs' reply brief in support of their Motion for Class Certification is due by 2/5/2018; Response briefs in opposition are due by 2/5/2018; and Reply briefs in support are due by 3/9/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/30/2017. (jss)
October 27, 2017	Filing 299 MOTION for Extension of Time to Complete Discovery (Unopposed Motion To Extend Class-Related Expert Discovery Deadline and Class-Related Briefing Schedule) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
October 27, 2017	Filing 298 RESPONSE to Motion re #297 MOTION for Extension of Time to Complete Discovery /Extension Of Fact Discovery Deadline For The Limited Purpose Of Deposing Individuals Whose Interviews Formed The Basis Of Plaintiffs' Expert's Opinions Regarding Asbestos And To Accommod filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Ex. 1. JCI's Initial Disclosures (9.22.2016), #3 Exhibit Ex. 2. Deposition Transcript of Kari Pfisterer (6.7.2017), #4 Exhibit Ex. 3. Deposition Transcript of Cliff Folkert (6.9.2017), #5 Exhibit Ex. 4. 9.11.2017 Email from Plaintiffs to JCI, #6 Exhibit Ex. 5. 9.15.2017 Email from Plaintiffs to JCI, #7 Exhibit Ex. 6. Plaintiffs Supplemental Rule 26(a) Initial Disclosures (9.27.2017), #8 Exhibit Ex. 7. 10.5.2017 Email from JCI to Plaintiffs, #9 Exhibit Ex. 8. JCI Amended Rule 26(a) Disclosures (10.5.2017), #10 Exhibit Ex. 9. 10.20.2017 Email from Plaintiffs to JCI, #11 Exhibit Ex. 10. 9.15.2017 Email from JCI to Plaintiffs, #12 Exhibit Ex. 11. 9.22.2017 Email from Plaintiffs to JCI, #13 Exhibit Ex. 12. 10.24.2017 Email from Plaintiffs to JCI, #14 Exhibit Ex. 13. 9.21.2017 Email from JCI to Plaintiffs, #15 Exhibit Ex. 14. 9.21.2017 Email from Plaintiffs to JCI, #16 Exhibit Ex. 15. 10.26.2017 Email from Plaintiffs to JCI)(Barnard, Thomas)
October 26, 2017	Filing 297 MOTION for Extension of Time to Complete Discovery /Extension Of Fact Discovery Deadline For The Limited Purpose Of Deposing Individuals Whose Interviews Formed The Basis Of Plaintiffs' Expert's Opinions Regarding Asbestos And To Accommodate Two Rescheduled Depositions by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 9/22/17 email, #3 Exhibit B - 10/11/17 email, #4 Exhibit C - 10/4/17 email, #5 Exhibit D - 9/15/17 email, #6 Exhibit E - Plfs' 2016 Initial Disclosures, #7 Exhibit F - Plfs' 2017 Supp Initial Disclosures, #8 Exhibit G - 10/9/17 email, #9 Exhibit H - 10/20/17 email, #10 Exhibit I - JCI 2016 Initial Disclosures, #11 Exhibit J - 2016 Dep. Excerpts, #12 Exhibit K - 10/26/17 email)(Hall PHV, Thomas)
October 2, 2017	Filing 296 ORDER granting #295 Motion to Withdraw as Attorney. Attorney Stacey L Trimmer PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 10/2/17. (slm)
October 2, 2017	Filing 295 MOTION to Withdraw as Attorney by Defendant Johnson Controls Inc. (Trimmer PHV, Stacey)
September 27, 2017	Filing 294 ORDER on Motion to Clarify (DE #282). The Court accordingly clarifies that its order does not prohibit the Plaintiffs from modifying their motion or filings as appropriate. Like the Plaintiffs, the Court would not anticipate that any substantive changes would be necessary, given the amount of time the parties have already had to conduct discovery as to certification. To the extent anything new comes up that should be addressed, though, it is better to do so in the opening brief instead of confining the discussion to the response and reply briefs. If, as Johnson Controls is concerned, the Plaintiffs have violated their disclosure obligations relative to any new matters they include in their refiled motion, that can be addressed through a motion to strike, but the Court is hopeful that will not be necessary. Signed by Judge Jon E DeGuilio on 9/27/17. (ksp)
September 19, 2017	Filing 293 AMENDED ORDER: The Court ADOPTS IN PART #249 MOTION To Adopt Special Master Duffin's July 7, 2017 by Plas (3:14-cv-01593) and #275 (3:15-cv-00226); SUSTAINS JCI's #248 OBJECTION by Johnson Controls Inc (3:14-cv-01593) and #274 (3:15-cv-00226), to the extent that the content of the materials at issue constitute legal advice as outlined; DENIES IN PART Plas' 210 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants by Plas (3:14-cv-01593) and #204 (3:15-cv-00226) and GRANTS IN PART JCI's #219 Cross MOTION for Protective Order by Dft Johnson Controls Inc (3:14-cv-01593) and #212 (3:15-cv-00226). The Court ORDERS JCI to produce any relevant discovery and respond to any relevant request or interrogatory, which are NOT included within the categories of privileged and protected information described above by 9/25/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/19/2017. (Copy mailed to pro se party)(lhc)
September 14, 2017	Filing 292 ORDER: The Court ADOPTS IN PART #249 MOTION To Adopt Special Master Duffin's July 7, 2017 by Plas (3:14-cv-01593) and #275 (3:15-cv-00226); SUSTAINS JCI's #248 OBJECTION by Johnson Controls Inc (3:14-cv-01593) and #274 (3:15-cv-00226), to the extent that the content of the materials at issue constitute legal advice as outlined; DENIES IN PART Plas' 210 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants by Plas (3:14-cv-01593) and #204 (3:15-cv-00226) and GRANTS IN PART JCI's #219 Cross MOTION for Protective Order by Dft Johnson Controls Inc (3:14-cv-01593) and #212 (3:15-cv-00226). The Court ORDERS JCI to produce any relevant discovery and respond to any relevant request or interrogatory, which are included within the categories of privileged and protected information described above by 9/25/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/14/2017. (Copy mailed to pro se party)(lhc)
September 1, 2017	Filing 291 ORDER GRANTING #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs by Defendant Johnson Controls Inc. Counsel ORDERED to coordinate a date for each Named Plaintiff to be deposed before October 30, 2017, the deadline for the close of all fact discovery. None of the continued depositions shall extend beyond four hours. Johnson Controls Inc may only pose questions that were not asked or answered in the May 2015 round of depositions. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/1/17. (cc: Tocon Holdings LLC; Gene Duffin). (cer)
August 28, 2017	Filing 290 REPLY to Response to Motion re #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Deposition Transcript Excerpt of Dr. Peter Orris, #2 Exhibit B - Expert Report of Dr. Marion J. Fedoruk)(Hall PHV, Thomas)
August 28, 2017	Filing 289 OPINION AND ORDER: GRANTING #222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) by Defendant Johnson Controls Inc and DENYING #216 MOTION to Remand to State Court (Renewed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. DENYING as moot, #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane by Defendant Johnson Controls Inc. The Court declines to impose an award of attorneys' fees. Signed by Judge Jon E DeGuilio on 8/28/2017. (Copy mailed to pro se party)(lhc)
August 25, 2017	Filing 288 RESPONSE to Motion re #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. Report of Dr. Peter Orris (03.17.2017), #3 Exhibit 2. Becky Null's Responses to JCI's 1st RFPs, #4 Exhibit 3. JCI's 2015 Motion to Compel, #5 Exhibit 4. Plaintiffs' Response to JCI's 2015 MTC, #6 Exhibit 5. May 5, 2015 Hearing Transcript, #7 Exhibit 6. Questions Related to Injuries & Damages From JCI's Prior Depositions of Plaintiffs, #8 Exhibit 7. Amos Hostetler Deposition Transcript (05.19.2015), #9 Exhibit 8. Deborah Hostetler Deposition Transcript (05.19.2015), #10 Exhibit 9. Rita Chairez Deposition Transcript (05.20.2015), #11 Exhibit 10. Becky Null Deposition Transcript (05.21.2015), #12 Exhibit 11. Maria Tovar Deposition Transcript (05.20.2015), #13 Exhibit 12. Email from Jeff Werwie (04.13.2014))(Barnard, Thomas)
August 23, 2017	Filing 287 RESPONSE to Motion re #282 MOTION To Clarify The Court's Order Dated August 1, 2017 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
August 21, 2017	Filing 286 ORDER re #284 setting briefing schedule. Reply to be filed by 8/28/2017., Response to be filed by 8/25/2017). Approved by Magistrate Judge Michael G Gotsch, Sr on 8/21/17. (TEXT ONLY ENTRY)(slm)
August 18, 2017	Filing 285 MEMORANDUM in Support of #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpts from A. Hostetler Tr., #3 Exhibit B - Excerpts from D. Hostetler Tr., #4 Exhibit C - Excerpts from Chairez Tr., #5 Exhibit D - Excerpts from Tovar Tr., #6 Exhibit E - Excerpts from Null Tr., #7 Exhibit F - Excerpts from Null's Responses to JCI's First Requests for Production, #8 Exhibit G - Excerpts from A. and D. Hostetler's Responses to JCI's First Requests for Production, #9 Exhibit H - Excerpts from Chairez's Responses to JCI's First Requests for Production, #10 Exhibit I - Excerpts from Tovar's Responses to JCI's First Requests for Production, #11 Exhibit J - Excerpts from A. and D. Hostetler's Answers to JCI's First Interrogatories, #12 Exhibit K - Excerpts from Chairez's Answers to JCI's First Interrogatories, #13 Exhibit L - Excerpts from Tovar's Answers to JCI's First Interrogatories, #14 Exhibit M - Excerpts from Null's Answers to JCI's First Interrogatories, #15 Exhibit N - Notice of Deposition of Plaintiffs, #16 Exhibit O - Email from Thomas Barnard)(Hall PHV, Thomas)
August 18, 2017	Filing 284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
August 10, 2017	Filing 283 ORDER: The Court ORDERS Plaintiffs and JCI to deliver the same documents reviewed by Special Master Duffin directly to the undersigned at 201 Robert A. Grant Federal Courthouse, 204 S. Main St., South Bend, IN 46601, by 8/17/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/10/2017. (Copy mailed to pro se party)(lhc)
August 9, 2017	Filing 282 MOTION To Clarify The Court's Order Dated August 1, 2017 by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - Email dated August 9, 2017)(Hall PHV, Thomas)
August 1, 2017	Filing 281 ORDER GRANTING #277 MOTION (Joint) for Extension of Time to Complete Discovery by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. All class-related fact discovery in Hostetler must be completed by 8/31/2017. JCI must disclose any class-related expert reports in Hostetler by 9/11/2017. All expert discovery in Schmucker and class-related expert discovery in Hostetler must be completed by 10/30/2017. JCI must file any response to the Hostetler Plaintiffs' Motion for Class Certification by12/6/2017. All evidentiary objections or Daubert motions related to the Hostetler Plaintiffs' Motion for Class Certification are due on 12/6/2017. The Hostetler Plaintiffs' reply brief in support of their Motion for Class Certification is 1/22/2018. Response briefs in opposition to any evidentiary motions or Daubert motions in Hostetler (as to class certification) are due on 1/22/2018. Reply briefs in support of any evidentiary objections or Daubert motions are due on 2/23/2018. Hostetler Plaintiffs' Motion for Class Certification is DISMISSED. Plaintiffs ORDERED to refile it 10/30/2017 which coincides with the deadline for all class-related discovery. Signed by Judge Jon E DeGuilio on 8/1/17. (cc: Gene Duffin; Tocon Holdings LLC). (cer)
July 28, 2017	Filing 280 RESPONSE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar to #274 Objection, . (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Ex. #1, May 12, 2017 Transcript of Hearing Before Special Master Duffin)(Barnard, Thomas)
July 26, 2017	Filing 279 RESPONSE to Motion re #275 MOTION To Adopt Special Master Duffin's July 7, 2017 Order re #267 Order,, Set Deadlines, filed by Johnson Controls Inc. (Hall PHV, Thomas)
July 25, 2017	Filing 278 ORDER GRANTING #276 MOTION for Extension of Time to File Response/Reply as to 274 Objection, Unopposed, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. Response to be filed by 7/28/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/25/2017. (copy to pro se parties)(lhc)
July 25, 2017	Filing 277 Joint MOTION for Extension of Time to Complete Discovery by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
July 24, 2017	Filing 276 MOTION for Extension of Time to File Response/Reply as to #274 Objection, Unopposed, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
July 21, 2017	Filing 275 MOTION To Adopt Special Master Duffin's July 7, 2017 Order re #267 Order,, Set Deadlines, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
July 21, 2017	Filing 274 OBJECTION by Johnson Controls Inc to #267 Order,, Set Deadlines, Johnson Controls Inc.'s Memorandum of Law Objecting to the Special Master's Order dated June 7, 2017. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Challenged Documents Log, #3 Exhibit B - Hearing Transcript Excerpt)(Hall PHV, Thomas)
July 14, 2017	Filing 273 AFFIDAVIT in Support re #271 MOTION to Certify Class (Affidavit of Vasiliki Keramida, Ph.D.) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. V. Keramida Resume, #3 Exhibit 2. Figures (Part 1 of 3), #4 Exhibit 2. Figures (Part 2 of 3), #5 Exhibit 2. Figures (Part 3 of 3), #6 Exhibit 3. E2600-15 Vapor Encroachment Screening, #7 Exhibit 4. Vapor Data Tables 1-12, #8 Exhibit 5. Goshen Utilities & Sewers, #9 Exhibit 6. USEPA June 2015 OSWER, #10 Exhibit 7. Questionnaires of Interviews with Residents)(Barnard, Thomas)
July 14, 2017	Filing 272 MEMORANDUM in Support of #271 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. Class Area, #3 Exhibit 2. Greene v. Will, No. 3:09-CV-510-PPS-CAN (N.D. Ind. Jan. 29, 2013), #4 Exhibit 3. Phase I Environmental Site Assessment, #5 Exhibit 4. JCI TCE Spill Summary, #6 Exhibit 5. Site Investigation Report for the Johnson Controls Facility, #7 Exhibit 6. Historical Investigation Summary, #8 Exhibit 7. Letter from GZA to David Troup (11.25.2014), #9 Exhibit 8. USEPA IRIS TCE Report, #10 Exhibit 9. 1992 516 S. 15th Drinking Water Results, #11 Exhibit 10. Pinnyei v. Johnson Controls, Laslo Pinnyei Medical History, #12 Exhibit 11. Pinnyei Settlement Order, #13 Exhibit 12. Letter from IDEM to JCI (05.09.2003), #14 Exhibit 13. Letter from JCI to IDEM (05.28.2003), #15 Exhibit 14. Letter from JCI to IDEM (11.03.2003), #16 Exhibit 15. GZA Vapor Intrusion Report, #17 Exhibit 16. GZA 2016 1st Semi-Annual Report, #18 Exhibit 17. 2006 Asbestos Survey, #19 Exhibit 18. USEPA Action Memo, #20 Exhibit 19. Email from D. Troup to J. Werwie, #21 Exhibit 20. Email from Carmen Anderson to Corey Webb, #22 Exhibit 21. Affidavit of Penny Scott (01.13.2015), #23 Exhibit 22. Affidavit of Penny Scott (12.15.2016), #24 Exhibit 23. List of Class Properties, #25 Exhibit 24. Affidavit of Amos Hostetler, #26 Exhibit 25. Affidavit of Debbie Hostetler, #27 Exhibit 26. Affidavit of Rita Chairez, #28 Exhibit 27. Affidavit of Becky Null, #29 Exhibit 28. Affidavit of Maria Tovar, #30 Exhibit 29. Greene v. Will, No. 3:09-CV-510-PPS-CAN (N.D. Ind. Apr. 16, 2013), #31 Exhibit 30. Declaration of Thomas A. Barnard, #32 Exhibit 31. Declaration of John D. Ulmer, #33 Exhibit 32. In re Behr Dayton Thermal Products, LLC, No. 3:08-cv-326 (S.D. Ohio Mar. 20, 2017))(Barnard, Thomas)
July 14, 2017	Filing 271 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
July 12, 2017	Filing 270 AFFIDAVIT re #246 Affidavit in Support of Motion,,,, of Dr. Abraham J. Wyner/Sur-Rebuttal Expert Report by Johnson Controls Inc. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2)(Hall PHV, Thomas)
July 12, 2017	Filing 269 REPLY to Response to Motion re #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane filed by Johnson Controls Inc. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Hall PHV, Thomas)
July 11, 2017	Filing 268 NOTICE of Change of Address/Contact Information /Firm Affiliation (Hall PHV, Thomas)
July 10, 2017	Filing 267 ORDER: The Court DIRECTS the Clerk to file the attached email and proposed order from Special Master Duffin. The Court REMINDS the parties that they may file an objection or a motion for the Court to adopt or modify Special Master Duffin's report dated July 7, 2017 by 7/21/2017. Any response to any objection must be filed by 7/26/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/10/2017. (Attachments: #1 Email and Proposed Order)(Copy mailed to pro se party)(lhc)
June 12, 2017	Filing 266 RESPONSE to Motion re #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Rebuttal Affidavit of Dr. Joseph B. Kadane, #3 Exhibit Deposition Transcript of Dr. Joseph B. Kadane (Excerpts), #4 Exhibit Deposition Transcript of Dr. Abraham J. Wyner (Excerpts), #5 Exhibit Deposition Transcript of Jennifer Zeller (Excerpts), #6 Exhibit Deposition Transcript of David Wintrode (Excerpts), #7 Exhibit Deposition Transcript of Gil Hirschy (Excerpts), #8 Exhibit Deposition Transcript of Dallas Kunkle (Excerpts), #9 Exhibit Deposition Transcript of Gerard Alexander (Excerpts), #10 Exhibit Deed for 809 N. Division Street, Bristol, IN (Karen M. McFall to Tony A. Bures), #11 Exhibit Records of property transfer of 1107 Egbert Ave. (Levi Schrock to Delta Tinkel))(Barnard, Thomas)
June 12, 2017	Filing 265 REPLY to Response to Motion re #216 MOTION to Remand to State Court (Renewed) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Rebuttal Affidavit of Dr. Joseph B. Kadane, #3 Exhibit Deposition Transcript of Dr. Joseph B. Kadane (Excerpts), #4 Exhibit Deposition Transcript of Dr. Abraham J. Wyner (Excerpts), #5 Exhibit Deposition Transcript of Jennifer Zeller (Excerpts), #6 Exhibit 2010 Census Briefs, Households and Families)(Barnard, Thomas)
June 8, 2017	Filing 264 ORDER GRANTING #263 MOTION to Amend/Correct 262 Order on Motion to Compel, Order on Motion for Protective Order, to correct June 6, 2017 Order adopting Special Master Duffin's Report by Defendant Johnson Controls Inc. The Court CORRECTS its order dated June 6, 2017, adopting Special Master Duffin's Report [1593, DE #243 ; 226, DE #262 ] by GRANTING the Hostetler Plaintiffs' motion to withdraw their Vapor Intrusion Investigation Motion. The Vapor Intrusion Investigation Motion is WITHDRAWN. [226, DE #231 ]. All other parts of this Court's June 6, 2017, order remain in full force and effect. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/8/2017. (Copy mailed to pro se party)(lhc)
June 7, 2017	Filing 263 MOTION to Amend/Correct #262 Order on Motion to Compel,,,,,,,, Order on Motion for Protective Order,,,,,,, to correct June 6, 2017 Order adopting Special Master Duffin's Report by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A -Hearing Transcript)(Hall PHV, Thomas)
June 6, 2017	Filing 262 ORDER: The Court ADOPTS Special Master Duffin's Report pursuant to Fed. R. Civ. P. 53(f)(1). [1593, DE #241 ; 226, DE #261 ]. Plaintiffs' motion to compel is DENIED. [1593, DE 193 ; 226, DE #177 ]. The Hostetler Plaintiffs' motion to compel is GRANTED. [226, DE #231 ]. The Court TAKES UNDER ADVISEMENT Plaintiffs' Motion to Compel Production of Discovery Involving Third-Party Environmental Consultants [1593, DE 210 ; 226, DE #204 ] and Johnson Controls, Inc.'s (JCIs) Cross Motion for Protective Order [1593, DE #219 ; 226, DE #212 ] pending receipt of Special Master Duffin's Report due July 7, 2017. [See 1593, DE #240 ; 226, DE #258 ]. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/6/2017. (Copy mailed to Duffin and Tocon Holdings LLC)(lhc)
May 31, 2017	Filing 260 ORDER granting #257 Motion for Leave to File oversize brief in support of Motion for Class Certification. Excess Pages. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/31/17. (slm)
May 30, 2017	Filing 261 E-MAIL and Proposed Order from Special Master Gene Duffin re #258 Order. (cer) (Additional attachment(s) added on 6/5/2017: #1 Email) (slm).
May 30, 2017	Filing 259 SCHEDULING ORDER. Plaintiff must file their motion for class certification by July 14, 2017. Plaintiff must also disclose any class-related expert reports by July 14, 2017. All class-related fact discovery ends on July 30, 2017.Defendant must disclose any class-related expert reports by August 31, 2017.All class-related expert discovery ends on September 29, 2017. The deadline for the completion of all fact discovery is October 30, 2017. Defendant must file any response to Plaintiffs' motion for class certification by November 1, 2017. All evidentiary objections or Daubert motions related to Plaintiffs' motion for class certification must also be filed by November 1, 2017. Plaintiffs must file any reply brief related to their motion for class certification by December 15, 2017. Any response brief in opposition to all evidentiary objections or Daubert motions are also due by December 15, 2017.All reply briefs in support of any evidentiary objections or Daubert motions are due January 15, 2018. The deadline for the completion of all expert discovery is February 28, 2018. By separate order, the presiding judge will set deadlines for non-class-related evidentiary objections or Daubert motions and all other dispositive motions at the appropriate time. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/30/17. (ksp)
May 30, 2017	Filing 258 ORDER: Clerk DIRECTED to file the E-mail and Proposed Order from Special Master Gene Duffin. Parties EXPECTED to comply with the deadlines set by Special Master Duffin regarding the remaining discovery dispute. Parties REMINDED that they may file an objection--or a motion for the Court to adopt or modify--Special Master Duffin's report dated 5/18/2017 by 6/1/2017. Any response to any objection to be filed by 6/6/2017. Special Master Duffin to prepare and file on the docket a written report as outlined in Order by 7/7/2017. By the same date, Special Master Duffin must serve the report on each party. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/30/17. (cc: Gene Duffin; Tocon Holdings LLC). (cer)
May 30, 2017	Filing 257 MOTION for Leave to File Excess Pages for Brief in Support of Motion for Class Certification (Unopposed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
May 18, 2017	Filing 256 NOTICE by Johnson Controls Inc Joint Revised Case Management Plan (Hall PHV, Thomas)
May 15, 2017	Filing 255 ORDER granting #254 Motion for Extension of Time to File Revised Case Management Plan. Joint Proposed Discovery due by 5/18/2017. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/15/17. (cck)
May 11, 2017	Filing 254 MOTION for Extension of Time to File Revised Case Management Plan (Unopposed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
May 9, 2017	Filing 253 ORDER granting #252 Motion for Extension of Time to File Revised Case Management Plan. Joint Proposed Discovery due by 5/11/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 5/9/17. (slm)
May 8, 2017	Filing 252 MOTION for Extension of Time to File REVISED CASE MANAGEMENT PLAN by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
April 28, 2017	Filing 251 ORDER GRANTING #250 MOTION for Extension of Time to File Revised Case Management Plan (Unopposed) by Defendant Johnson Controls Inc. The Revised Case Management Plan is due on 5/8/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/28/2017. (lhc)
April 27, 2017	Filing 250 MOTION for Extension of Time to File Revised Case Management Plan (Unopposed) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
April 20, 2017	Filing 249 ORDER GRANTING #247 MOTION for Extension of Time to File Response/Reply as to #245 MOTION to Strike the Expert Report of Dr. Joseph Kadane, #216 MOTION (Renewed/Unopposed) to Remand to State Court by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. Plaintiffs' Reply Brief in Support of their Renewed Motion to Remand and Plaintiffs' Brief in Response to Defendant Johnson Controls Inc's Motion to Strike the Expert Report of Dr Joseph Kadane are due 6/12/2017. Defendant Johnson Controls Inc's Reply Brief in Support of its Motion to Strike the Expert Report of Dr Joseph Kadane is due 7/12/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/20/17. (cc: Tocon Holdings LLC; Gene Duffin).(cer)
April 18, 2017	Filing 248 NOTICE by Becky Null, Maria Tovar re #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds Notice of Supplemental Authority (Attachments: #1 Exhibit Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 1-14-cv-00006-RLM-SLC (N.D. Ind. Apr. 14, 2017))(Barnard, Thomas)
April 14, 2017	Filing 247 MOTION for Extension of Time to File Response/Reply as to #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane , #216 MOTION to Remand to State Court (Renewed) [Unopposed] by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
April 11, 2017	Filing 246 AFFIDAVIT in Support re #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane // Expert Report of Dr. Abraham Wyner filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Kadane Report, #3 Exhibit 2 - Wyner CV, #4 Exhibit 3 - Materials considered, #5 Exhibit 4 - Past testimony, #6 Exhibit 5 - Kadane Depo Tr, #7 Exhibit 6 - Scott Affidavit (2016), #8 Exhibit 7 - Kadane data table, #9 Exhibit 8 - Zeller Declaration, #10 Exhibit 9 - Cohen Depo Tr, #11 Exhibit 10 - Random #48, #12 Exhibit 11 - Random #50, #13 Exhibit 12 - Scott Affidavit (2015), #14 Exhibit 13 - Kadane invoice, #15 Exhibit 14 - Kadane data table (2), #16 Exhibit 15 - Random #24, #17 Exhibit 16 - Investigator notes, #18 Exhibit 17 - Random #89, #19 Exhibit 18 - Hirschy Depo Tr, #20 Exhibit 19 - Random #28, #21 Exhibit 20 - McFall property record, #22 Exhibit 21 - Random #74, #23 Exhibit 22 - Random #55, #24 Exhibit 23 - Random #67, #25 Exhibit 24 - Random #78, #26 Exhibit 25 - Tinkel property record, #27 Exhibit 26 - Random #3)(Hall PHV, Thomas)
April 11, 2017	Filing 245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Kadane Depo Tr., #3 Exhibit B - Scott Depo Tr. No. 1, #4 Exhibit C - Class Area List, #5 Exhibit D - Wintrode Depo Tr., #6 Exhibit E - Kunkle Depo Tr., #7 Exhibit F - Alexander Depo Tr., #8 Exhibit G - Hirschy Depo Tr., #9 Exhibit H - Random #28 & 90, #10 Exhibit I - Zeller Decl., #11 Exhibit J - Groves Excerpts, #12 Exhibit K - Scott Depo Tr. No. 2, #13 Exhibit L - Random # 15, #14 Exhibit M - Kadane000041, #15 Exhibit N - Reference Guide Excerpts, #16 Exhibit O - International Handbook Excerpts, #17 Exhibit P - Research Design Excerpts, #18 Exhibit Q - Random #3, #19 Exhibit R - Random #61, #20 Exhibit S - Random #42, #21 Exhibit T - Hendershot Excerpts, #22 Exhibit U - Random #24, #23 Exhibit V - Wintrode Notes, #24 Exhibit W - Random #78, #25 Exhibit X - Random #74)(Hall PHV, Thomas)
April 11, 2017	Filing 244 RESPONSE to Motion re #216 MOTION to Remand to State Court (Renewed) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Millman Order, #3 Exhibit B - Chairez Rog Responses (Juris), #4 Exhibit C - CR Affidavit, #5 Exhibit D - Chairez Depo Tr, #6 Exhibit E - Chairez Rog Responses, #7 Exhibit F - Hostetler Rog Responses (Juris), #8 Exhibit G - Hostetler Depo Tr, #9 Exhibit H - Hostetler Rog Responses, #10 Exhibit I - Kadane Depo Tr, #11 Exhibit J - Alexander Depo Tr, #12 Exhibit K - Hirschy Depo Tr, #13 Exhibit L - Wintrode Depo Tr, #14 Exhibit M - Kunkle Depo Tr, #15 Exhibit N - Scott Depo Tr)(Hall PHV, Thomas)
April 10, 2017	Filing 243 ORDER: The Court REFERS #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar to Special Master Gene R Duffin. The Court ACKNOWLEDGES that Special Master Duffin has already scheduled a hearing for May 12, 2017 on previously referred discovery motions. The Court EXPECTS this newly referred motion to be addressed at the May 12, 2017 hearing and included in Special Master Duffin's Written Report which is due 5/24/2017. The scope of authority for Special Master Duffin on the instant Motion is the same as outlined in the Court's previous referral Order (DE #225 ). Signed by Magistrate Judge Michael G Gotsch, Sr on 4/10/17. (cc: Gene R Duffin; Tocon Holdings LLC).(cer)
April 10, 2017	Filing 242 ORDER GRANTING #241 MOTION for Extension of Time to File Report. The deadline for Special Master Duffin to file a written report on the discovery matters to be heard at his 5/12/2017 hearing is EXTENDED until 5/24/2017. Signed by Magistrate Judge Michael G Gotsch Sr on 4/10/2017. (cc: Gene Duffin; Tocon Holdings LLC). (cer)
April 7, 2017	Filing 240 REPLY to Response to Motion re #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
April 6, 2017	Filing 239 ORDER granting #238 Motion to Withdraw as Attorney. Attorney Scott W Coyle PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 4/6/17. (cck)
April 5, 2017	Filing 238 MOTION to Withdraw as Attorney - Scott W. Coyle by Defendant Johnson Controls Inc. (Coyle PHV, Scott)
March 30, 2017	Filing 237 ORDER granting #236 Motion for Extension of Time to File Reply to #231 Reply to be filed by 4/7/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 3/30/17. (slm)
March 29, 2017	Filing 236 MOTION for Extension of Time to File Response/Reply as to #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
March 27, 2017	Filing 241 MOTION for Extension of Time to File Written Report on Pending Discovery Matters by Special Master Gene Duffin. (cer)
March 24, 2017	Filing 235 RESPONSE to Motion re #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 filed by Johnson Controls Inc. (Attachments: #1 Index, #2 Exhibit A - Werwie Tr. Excerpts, #3 Exhibit B - 2017 Vapor Testing, #4 Exhibit C - 2015 Vapor Testing, #5 Exhibit D - Plaintiffs' Vapor Testing Results, #6 Exhibit E - Ryan Tr. Excerpts)(Hall PHV, Thomas)
March 14, 2017	Filing 234 ORDER granting #233 Application to Appear Pro Hac Vice of Attorney Stacey L Trimmer PHV for Johnson Controls Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/14/17. (mtr)
March 13, 2017	Filing 233 Application for Attorney Stacey L. Trimmer to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3193283(Pro Hac Vice Temporary login, )
March 10, 2017	Filing 232 MEMORANDUM in Support of #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Ex. 1. May 9, 2003 Letter from IDEM to JCI, #3 Exhibit Ex. 2. Excerpt of Deposition of Jeff Werwie (Oct. 10, 2016), #4 Exhibit Ex. 3. May 28, 2003 Letter from JCI to IDEM, #5 Exhibit Ex. 4. Engineering Building Air Sampling Draft Work Plan, #6 Exhibit Ex. 5. Oct. 3, 2003 Email from JCI to ERM & Indoor Vapor Intrusion Screening Proposal, #7 Exhibit Ex. 6. Oct. 2, 2003 Letter from ERM to IDEM, #8 Exhibit Ex. 7. Oct. 17, 2003 Email from ERM to JCI, #9 Exhibit Ex. 8. Nov. 3, 2003 Letter from JCI to IDEM, #10 Exhibit Ex. 9. Jul. 12, 2012 Vapor Intrusion Report)(Barnard, Thomas)
March 10, 2017	Filing 231 WITHDRAWN per #264 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas) Modified on 6/9/2017 (lhc).
March 3, 2017	Filing 230 REPLY to Response to Motion re #222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 12/16/2015 Transcript Excerpt)(Hall PHV, Thomas)
March 1, 2017	Filing 229 ORDER granting #226 Motion for Extension of Time to File Response to #216 . Response to be filed by 4/11/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 3/1/17. (slm)
March 1, 2017	Filing 228 ORDER: Court GRANTS #227 Motion to Withdraw Plaintiff's Motions Related to Sewer Vapor Sampling. Plaintiffs' #184 Motion to Compel Results of June 2016 Sewer Vapor Sampling and #201 Motion for Leave to Submit Newly-Discovered Evidence in Support of their Motion to Compel Results of June 2016 Sewer Vapor Sampling are WITHDRAWN. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/1/2017. cc: Special Master Duffin, Tocon Holdings, LLC (tc)
February 28, 2017	Filing 227 MOTION to Withdraw #201 MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling, #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 28, 2017	Filing 226 MOTION for Extension of Time to File Response/Reply as to #216 MOTION to Remand to State Court (Renewed) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
February 24, 2017	Filing 225 ORDER: Senior Judge Duffin REMAINS the appointed Special Master to address discovery disputes in Hostetler, 3:15cv226-JD-MGG. In addition, the Court now APPOINTS Senior Judge Duffin as Special Master to address discovery disputes in Schmucker, 3:14cv1493-JL-MGG. The Court REFERS the following discovery motions to Special Master Duffin: (1) Plaintiffs Motion to Compel Other Site Discovery [Schmucker, DE 193 ; Hostetler, DE #177 ]; (2) Plaintiffs Motion to Compel Results of June 2016 Sewer Vapor Sampling [Schmucker, DE #195 ; Hostetler, DE #184 ]; (3) Plaintiffs Motion for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling [Schmucker, DE 207 ; Hostetler, DE #201 ]; (4) Plaintiffs Motion to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client Privilege and Work Product Privilege Grounds [Schmucker, DE 210 ; Hostetler, DE #204 ]; and (5) JCIs Cross Motion for Protective Order [Schmucker, DE #219 ; Hostetler, DE #212 ]. The Special Master shall prepare and file a written Report by 4/24/2017. A party may file an objection - or a motion for the Court to adopt or modify - Special Master Duffin's Report within 14 days after the order is served. Any response to a party's objections must be filed within 5 days after the objection or motion is filed. No reply brief will be allowed without leave of Court.. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/24/17. (jld)(cc: Special Master Duffin)
February 24, 2017	Filing 224 RESPONSE to Motion re #222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 21, 2017	Filing 223 ORDER DENYING #218 MOTION (Renewed) to Stay re #216 MOTION to Remand to State Court/Motion to Stay Briefing on the Merits of Plaintiffs' Third Motion to Remand Pending Resolution of JCI's Motion to Strike by Defendant Johnson Controls Inc. The deadline for Johnson Controls Inc to file a Response to the #216 Motion to Remand is EXTENDED until 3/28/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/21/17. (cer). Modified on 2/23/2017. (cer)
February 10, 2017	Filing 222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) by Defendant Johnson Controls Inc. (Attachments: #1 MTS Index of Exhibits, #2 Exhibit A - 7/28/2015 Hrg Tr, #3 Exhibit B - 2016 Survey Responses, #4 Exhibit C - 2015 Survey Responses, #5 Exhibit D - Order in Reece v. AES Corp., #6 Exhibit E - Interrogatory Responses)(Hall PHV, Thomas)
February 10, 2017	Filing 221 REPLY to Response to Motion re #218 MOTION to Stay re #216 MOTION to Remand to State Court (Renewed) /Motion To Stay Briefing On The Merits Of Plaintiffs' Third Motion To Remand Pending Resolution Of JCI's Motion To Strike filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 9, 2017	Filing 220 RESPONSE to Motion re #218 MOTION to Stay re #216 MOTION to Remand to State Court (Renewed) /Motion To Stay Briefing On The Merits Of Plaintiffs' Third Motion To Remand Pending Resolution Of JCI's Motion To Strike filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
February 8, 2017	Filing 219 STATUS REPORT (Joint) by Johnson Controls Inc. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - 5/5/2015 Tr., #3 Exhibit C - 12/1/2014 Tr.)(Hall PHV, Thomas)
February 7, 2017	Filing 218 MOTION to Stay re #216 MOTION to Remand to State Court (Renewed) /Motion To Stay Briefing On The Merits Of Plaintiffs' Third Motion To Remand Pending Resolution Of JCI's Motion To Strike by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - 2/1/2017 Email)(Hall PHV, Thomas)
January 27, 2017	Filing 217 REPLY to Response to Motion re #212 Cross MOTION for Protective Order filed by Johnson Controls Inc. (Hall PHV, Thomas)
January 27, 2017	Filing 216 MOTION to Remand to State Court (Renewed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Ex. 1. Jackson v. Sprint Nextel Corp. D. Kan. Docket, #2 Exhibit Ex. 2. Jackson v. Sprint Nextel Corp. Feb. 9, 2010 Minute Entry, #3 Exhibit Ex. 3. Jackson v. Sprint Nextel Corp. May 18, 2010 Minute Entry, #4 Exhibit Ex. 4. Jackson v. Sprint Nextel Corp. July 20, 2010 Minute Entry, #5 Exhibit Ex. 5. Jackson v. Sprint Nextel Corp. Plaintiffs' 2nd Motion to Remand (Aug. 6, 2010), #6 Exhibit Ex. 6. Engagement Letter, #7 Exhibit Ex. 7. Expert Report of Dr. Joseph B. Kadane, #8 Exhibit Ex. 8. List of Random Survey Years & Properties, #9 Exhibit Ex. 9. Affidavit of Gerald Alexander, #10 Exhibit Ex. 10. Affidavit of Dallas Kunkle, #11 Exhibit Ex. 11. Affidavit of David Wintrode, #12 Exhibit Ex. 12. Affidavit of Gil Hirschy, #13 Exhibit Ex. 13. Survey Interview Questions, #14 Exhibit Ex. 14. Affidavit of Penny Scott)(Barnard, Thomas)
January 25, 2017	Filing 215 OPINION AND ORDER: DENIES #178 MOTION For Entry Of A Lone Pine Case; REMINDS the parties of their ongoing obligation under Fed. R. Civ. P. 26(e); ORDERS the parties to submit a joint status report by 2/8/2017 as outlined in Order; DIRECTS the Clerk to file a copy of this order in Schmucker v. Johnson Controls, Inc., 3:14-cv-1593-JD-MGG; SETS fact discovery deadline for 6/30/2017; and ORDERS the parties to submit a revised case management plan no later than 5/1/2017 as outlined in Order. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/25/2017. (lhc)(cc: Tocon Holdings LLC)
January 20, 2017	Filing 214 RESPONSE to Motion re #212 Cross MOTION for Protective Order filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
January 20, 2017	Filing 213 REPLY to Response to Motion re #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Ex. 1. Apr. 2015 Emails between GZA and IDEM, #2 Exhibit Ex. 2. 1100 West, LLC v. Red Spot Paint and Varnish Co, 1:05-cv-01670-LJM-JMS (Apr. 22, 2009), #3 Exhibit Ex. 3. Apr. 4, 2013 Email from Jeff Werwie (Previously Redacted at JCI ESI Redaction Log #199))(Barnard, Thomas)
January 13, 2017	Filing 212 Cross MOTION for Protective Order by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
January 13, 2017	Filing 211 RESPONSE to Motion re #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 A - Compilation of Privilege Log Entries for Documents Challenged by Plaintiffs' Motion, #3 B - Interim Site Investigation Report (excerpts), #4 C - Letter from Plaintiffs to JCI re: Request for Unredacted Emails, #5 D - Email from JCI to Plaintiffs re: production of documents, #6 E - Email from Plaintiffs to JCI re: Privilege Logs, #7 F - Letter from JCI to Plaintiffs enclosing production, #8 G - Letter from Plaintiffs to JCI re: privilege log, #9 H - Letter from JCI to Plaintiffs re: privilege logs, #10 I - Letter from JCI to Plaintiffs enclosing supplement production, #11 J - Letter from ERM to IDEM re: Voluntary Remediation Agreement, #12 K - ERM Ground Water Remediation Work Plan (excerpts), #13 L - Entact Soil Remediation Work Plan (excerpts), #14 M - Letter from GZA to IDEM re: Groundwater Pump and Treat System Shutdown Request, #15 N - Letter from GZA to A. Hostetler re: Payment of Electrical Cost for Operation of Venting System, #16 O - Letter from GZA to JCI re: Semi-Annual Groundwater Monitoring and Reporting, #17 P - Fax from ERM to JCI re: Technical Memorandum No. 4, #18 Q - Letter from Cole to JCI re: draft closure plan, #19 R - Letter from JCI to ENSR re Environmental Compliance Audit Services, #20 S - Email from Plaintiffs to JCI re: Plaintiffs Motion to Compel)(Hall PHV, Thomas)
January 9, 2017	Filing 210 ORDER granting #209 Motion for Extension of Time to File Response to #204 . Response to be filed by 1/13/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 1/9/17. (slm)
January 8, 2017	Filing 209 Second MOTION for Extension of Time to File Response/Reply as to #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
December 22, 2016	Filing 208 ORDER: DENYING #131 Motion for Sanctions. Signed by Judge Jon E DeGuilio on 12/22/16. (jld) (cc: Tocon Holdings)
December 19, 2016	Filing 207 ORDER granting #206 Motion for Extension of Time to File Response/ to #204 Response to be filed by 1/10/2017. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/19/16. (slm)
December 16, 2016	Filing 206 MOTION for Extension of Time to File Response/Reply as to #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
December 13, 2016	Filing 205 MEMORANDUM in Support of #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Part 1- Plaintiffs Summary Spreadsheet of Documents Involving Environmental Consultants, #2 Exhibit 1- Part 2- Plaintiffs Summary Spreadsheet of Documents Involving Environmental Consultants, #3 Exhibit 1- Part 3- Plaintiffs Summary Spreadsheet of Documents Involving Environmental Consultants, #4 Exhibit 2- 6.14.1982 USEPA letter to JCI re Part A Permit, #5 Exhibit 3- 5.25.1988 IDEM letter to JCI re Part B Permit, #6 Exhibit 4- 8.31.1988 JCI Inter-Office Corres. re Part B Permit Application, #7 Exhibit 5- Feb. 1991 RCRA 329 IAC 3-21 Closure Plan, #8 Exhibit 6- 11.30.1992 Letter re Cole Acquisition by DLZ, #9 Exhibit 7- 3.28.2000 Letter to Baker re Submittal of the RCRA Closure Certification Report, #10 Exhibit 8- 2.11.1991 Letter to JCI re RCRA Closure Plan from Cole Associates, #11 Exhibit 9- 11.21.1991 Letter to JCI re Modification of Agreement, #12 Exhibit 10- 7.31.1991 Letter re JCI RCRA Closure Status Report, #13 Exhibit 11- Mar. 1992 WMU #4 Closure Certification Report, #14 Exhibit 12- 4.30.1992 IDEM Conditional Closure of WMU #4, #15 Exhibit 13- Aug. 1996 IN Voluntary Remediation Program, Historical Investigation Summary, #16 Exhibit 14- 6.8.1992 Letter to McCorkel from Cole Associates re Site Investigation, #17 Exhibit 15- Feb. 1992 Interim Site Investigation Report, #18 Exhibit 16- 11.4.1992 Site Investigation Report from The Traverse Group, #19 Exhibit 17- 3.12.1996 Letter from JCI to M. Resch, #20 Exhibit 18- JCIs Voluntary Remediation Program Application, #21 Exhibit 19- 2.18.1999 IDEM letter to McCorkel re Approval of Revised Closure Plan, #22 Exhibit 20- Sept. 2000 IN Voluntary Remediation Program, Ground Water Remediation Work Plan, #23 Exhibit 21- Mar. 1997 IN Voluntary Remediation Program, Soil Remediation Work Plan, #24 Exhibit 22- 4.4.1993 IDEM letter to Werwie, #25 Exhibit 23- 11.8.2016 Excerpt from Ryan dep. transcript, #26 Exhibit 24- Feb. 1991 RCRA 329 IAC 3-21 Closure Plan for Addendum No. 1, #27 Exhibit 25- Mar. 2000 RCRA Closure Certification Report, Waste Management Units 1-3, #28 Exhibit 26- 12.7.2016 Excerpt from Stilz draft dep. transcript, #29 Exhibit 27- 8.16.2000 IDEM letter to Baker re Closure of Container Storage Areas, #30 Exhibit 28- 7.16.2003 ENTACT Soil Remediation Completion Report, #31 Exhibit 29-7.26.2007 GZA letter to Werwie re Proposal for Services, #32 Exhibit 30- 6.1.2010 B. Fenelon to Osborne re Scope of Work Sheets Goshen, #33 Exhibit 31- 2.17.2012 GZA letter to Anderson re Conceptual Plan for a Revised Remedial Strategy, #34 Exhibit 32- 7.12.2012 GZA Vapor Intrusion Assessment and Mitigation Report, #35 Exhibit 33- 8.19.2016 GZA First 2016 Semiannual Goundwater Monitoring Report, #36 Exhibit 34- 2.19.2015 Trichloroethene Source Evaluation Report, #37 Exhibit 35- 2.18.2016 GZA Emulsified Zero-Valent Iron Soil Remedial Action Report, #38 Exhibit 36- 10.28.2016 Excerpt from Osborne dep. transcript, #39 Exhibit 37- 1.27.2015 Plaintiffs First Request for Production of Documents to JCI, #40 Exhibit 38- 12.30.2014 Subpoena to GZA, #41 Exhibit 39- 12.30.2014 Subpoena to ERM, #42 Exhibit 40- 3.13.2015 Subpoena to DLZ, #43 Exhibit 41- 9.1.2016 Letter from Barnard to Lee re privilege logs, #44 Exhibit 42- 11.16.2016 Letter from Lee to Barnard re privilege logs, #45 Exhibit 43- 10.1.2010 GZA Master Services Subcontract, #46 Exhibit 44- 4.1.2009 ERM Master Services Subcontract, #47 Exhibit 45- 4.7.2000 ERM Master Agreement for Environmental Consulting Services, #48 Exhibit 46- 4.1.2001 ENTACT Agreement)(Barnard, Thomas)
December 13, 2016	Filing 204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
December 1, 2016	Filing 203 REPLY to Response to Motion re #201 MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - 11.07.2016 Email from Jessica Reiss, #2 Exhibit B - 11.10.2016 Letter from Thomas Barnard)(Barnard, Thomas)
November 28, 2016	Filing 202 RESPONSE to Motion re #201 MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling filed by Johnson Controls Inc. (Hall PHV, Thomas)
November 10, 2016	Filing 201 WITHDRAWN RE #228 ORDER: MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Ex. 1 - 10.24.2016 IDEM Request for Sewer Vapor Sampling Data, #2 Exhibit Ex. 2 - 10.27.2016 Dep. of Bernard Fenelon)(Barnard, Thomas) Modified on 3/1/2017 (tc).
October 17, 2016	Filing 200 REPLY to Response to Motion re #178 MOTION For Entry Of A Lone Pine Case Management Order filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Pinnyei Deposition, #2 Exhibit B - Plaintiffs' Initial Disclosures, #3 Exhibit C - EPA Vapor Guidance, #4 Exhibit D - Wisconsin Vapor Guidance)(Hall PHV, Thomas)
September 26, 2016	Filing 199 ORDER granting #198 Motion for Extension of Time to File Reply as to #178 MOTION for Entry of a Lone Pine Case Management Order. Reply to be filed by 10/17/2016. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/26/16. (cck)
September 23, 2016	Filing 198 MOTION for Extension of Time to File Response/Reply as to #178 MOTION For Entry Of A Lone Pine Case Management Order . Unopposed Motion For Extension Of Time To File Reply by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
September 22, 2016	Filing 197 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar Notice of Service of Rule 26 Initial Disclosures (Barnard, Thomas)
September 22, 2016	Filing 196 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/22/2016 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Ulmer, Barnard, Michael. Dft appeared by atty Hartzler, Hall. John R VanWInkle appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. The Court adopts, in part, parties Report of Parties Planning Meeting of September 12,2016. Magistrate Consent forms due by 10/13/2016. (slm)
September 19, 2016	Filing 195 REPLY to Response to Motion re #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- May 9, 2003 Letter from IDEM to Werwie, #2 Exhibit 2- May 28, 2003 Letter from Werwie to IDEM, #3 Exhibit 3- Aug. 11, 2010 Remedial Evaluation Work Plan, #4 Exhibit 4- Apr. 24, 2012 Werwie Email, #5 Exhibit 5- Nov. 11, 2013 Troup to Werwie Email)(Barnard, Thomas)
September 15, 2016	Filing 194 RESPONSE to Motion re #178 MOTION For Entry Of A Lone Pine Case Management Order In Opposition to Johnson Controls, Inc's Motion filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. March 2013 Effects of TCE Article, #2 Exhibit 2. 9-15-2016 - part 1 - Affidavit of Vasiliki Keramida, Ph.D., #3 Exhibit 2 part 2 Affidavit of Vasiliki Keramida, Ph.D., #4 Exhibit 2 part 3 Affidavit of Vasiliki Keramida, Ph.D., #5 Exhibit 2 part 4 Affidavit of Vasiliki Keramida, Ph.D., #6 Exhibit 3. 3-24-1992 Letter from Environmental Health Laboratories, #7 Exhibit 4. 7-27-1992 Pinnyei Case - Complaint, #8 Exhibit 5. 7-27-1993 Department of Environmental Health, #9 Exhibit 6. 9-17-1999 Goshen, IN Status Report, #10 Exhibit 7. 1-12-1996 Memo from McCorkel to Coburn, #11 Exhibit 8. 4-17-1998 Goshen Facility Status Report, #12 Exhibit 9. 4-1-1999 Status Report Review Meeting, #13 Exhibit 10. 5-9-2003 IDEM letter to Werwie, #14 Exhibit 11. 10-3-2003 Email from Werwie to Edwards, #15 Exhibit 12. 6-13-2014 JCI Goshen Site Vapor Intrusion Evaluation Options, #16 Exhibit 13. 04-29-2010 Email from Fenelon to Osborne, #17 Exhibit 14. Former Manufacturing Facility, #18 Exhibit 15. 12-18-2014 Affidavit of Vasiliki Keramida, Ph.D., #19 Exhibit 16. 5-12-2015 Excerpt of Keramida Dep., #20 Exhibit 17. 2-19-2015 TCE Source Evaluation Report, #21 Exhibit 18. 8-19-2016 First 2016 Semiannual GW Monitoring Report, #22 Exhibit 19. 06-13-2013 Email from Werwie, #23 Exhibit 20. 7-9-2014 Memo EPA Region 9, #24 Exhibit 21. 5-19-2015 Excerpt of D. Hostetler Dep., #25 Exhibit 22. 11-25-2014 GZA Proposal, #26 Exhibit 23. 02-27-15 Email from Weingart to Houser, #27 Exhibit 24. 07-15-2016 Memo from Maguire to Ballotti, #28 Exhibit 25. 3-29-2005 Goshen News Article, #29 Exhibit 26. 12-02-2011 Affidavit for Recording, #30 Exhibit 27. 12-3-2015 Excerpt from Adkins deposition, #31 Exhibit 28. 7-27-2009 Email from Werwie to Osborne, #32 Exhibit 29. 10-8-2009 Email from Osborne to Werwie, #33 Exhibit 30. 03-09-2010 Email from Werwie to Osborne, #34 Exhibit 31. 4-21-2011 Appraisal Report, #35 Exhibit 32. 5-2-2011 Email from Werwie, #36 Exhibit 33. 05-11-2011 Email from Osborne to Werwie, #37 Exhibit 34. 3-5-12 Email to Hershberger from Werwie, #38 Exhibit 35. 3-6-2012 Email from Werwie, #39 Exhibit 36. 4-4-12 Email from Jeff Werwie to John Osborne re Sale Agreement 2007, #40 Exhibit 37. 12-1-2015 Excerpt from 341 Meeting of Creditors, #41 Exhibit 38. 12-02-2015 Excerpt from Carter Dep., #42 Exhibit 39. 11-11-2013 Email from Werwie, #43 Exhibit 40. 5-21-2012 Complaint for the Appropriation of Real Estate, #44 Exhibit 41. 11-13-2013 Email from Troup, #45 Exhibit 42. 11-12-2013 Email from Werwie to Shelly, #46 Exhibit 43. 11-12-2013 Email from Werwie to Troup, #47 Exhibit 44. 3-20-2014 Email from Troup to Werwie, #48 Exhibit 45. 4-13-2014 Email from Werwie to Troup, #49 Exhibit 46. 7-17-2014 Email from Clevenger, #50 Exhibit 47. 11-21-2014 Email from Weingart to Satkus, #51 Exhibit 48. 10-06-2015 Bankruptcy Petition, #52 Exhibit 49. 04-07-2016 Bankruptcy Order Granting MTD, #53 Exhibit 50. Part 1 2-4-2016 Keramida Asbestos Inspection, #54 Exhibit 50. Part 2 2-4-2016 Keramida Asbestos Inspection, #55 Exhibit 51. 2-4-2016 Email from Michael to Maguire, #56 Exhibit 52. 2-9-2016 Email from Jaworski to Gebien, #57 Exhibit 53. USEPA Region V Pollution Situation Report, #58 Exhibit 54. 1-29-2013 Order)(Barnard, Thomas)
September 15, 2016	Filing 193 ORDER granting #192 Motion for Leave to File Excess Pages. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/15/16. (slm)
September 14, 2016	Filing 192 MOTION for Leave to File Excess Pages in Response to Johnson Controls, Inc's Motion for Entry of a Lone Pine Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Wolowski, Benjamin)
September 12, 2016	Filing 191 REPORT of Rule 26(f) Planning Meeting. (Hall PHV, Thomas)
September 12, 2016	Filing 190 REPLY to Response to Motion re #177 MOTION to Compel Other Site Discovery filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - March 2006 Phase II Environmental Site Investigation, #2 Exhibit 2 - Feb. 2006 Phase I Environmental Site Assessment)(Barnard, Thomas)
September 9, 2016	Filing 189 RESPONSE to Motion re #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2015 Report, #2 Errata B - Keramida Report, #3 Exhibit C - Keramida 2015 Tr., #4 Exhibit D - Plfs' Interrogatory Responses)(Hall PHV, Thomas)
September 9, 2016	Filing 188 NOTICE of Appearance by Benjamin A Wolowski on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Wolowski, Benjamin)
September 1, 2016	Filing 187 RESPONSE to Motion re #177 MOTION to Compel Other Site Discovery filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Chairez Int. Responses, #2 Exhibit B - 9/23/15 Keramida Tr., #3 Exhibit C - 5/18/10 Keramida Tr.)(Hall PHV, Thomas)
August 30, 2016	Filing 186 ORDER: Court GRANTS Request for Joint Status Conference on 9/22/2016 at 10:30 AM filed in Schmucker v. JCI, 3:14-cv-1593. Parties to address the possibility of consolidation of discovery in the Joint Proposed Discovery plan due on 9/12/2016. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/30/2016. cc: Tocon Holdings LLC(tc)
August 23, 2016	Filing 185 MEMORANDUM in Support of #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Keramida Vapor Impacts Map, #2 Exhibit 2- Excerpt from May 12, 2015 deposition of Dr. Keramida, #3 Exhibit 3- 2010-03-22 GZA Contract Addendum, #4 Exhibit 4- 2012-07-12 Vapor Intrusion Assessment and Mitigation Report, #5 Exhibit 5- Voluntary Remediation Agreement, #6 Exhibit 6- 2015-02-19 Trichloroethene Source Evaluation Report, #7 Exhibit 7- Figure 2-1 Illustration of Key Elements of the Conceptual Model of Soil Vapor Intrusion, #8 Exhibit 8- Figure 2-2 Illustration of Potential Opening in Various Building Types, #9 Exhibit 9- Excerpt from June 2015 Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air, #10 Exhibit 10- IDEM Technical Guidance Document, #11 Exhibit 11- 2016-05-20 Rod Michael Email, #12 Exhibit 12- Right-Of-Way Permit Application, #13 Exhibit 13- Sampling locations map, #14 Exhibit 14- 2016-06-03 Tom Barnard Email, #15 Exhibit 15- 2016-07-21 Letter from Tom Barnard to Tom Hall, #16 Exhibit 16- 2016-08-17 Letter from Lauren Lee to Tom Barnard, #17 Exhibit 17- March 2013 Environmental Health - Perspectives Human Health Effects of Trichloroethylene, #18 Exhibit 18- April 2012 Environmental Health - Adverse Birth Outcomes and Maternal Exposure to Trichloroethylene)(Barnard, Thomas)
August 23, 2016	Filing 184 WITHDRAWN RE #228 ORDER: MOTION to Compel Results of June 2016 Sewer Vapor Sampling by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas) Modified on 3/1/2017 (tc).
August 22, 2016	Filing 183 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)
August 22, 2016	Filing 182 ORDER Joint Proposed Discovery due by 9/12/2016. Rule 16 Preliminary Pretrial Conference set for 9/22/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/22/16. (slm)
August 22, 2016	Filing 181 ORDER granting #180 Motion for Extension of Time to File Response. Response to #178 to be filed by 9/15/2016. Approved by Magistrate Judge Michael G Gotsch, Sr on 8/22/16. (slm)
August 19, 2016	Filing 180 MOTION for Extension of Time to File Response/Reply as to #178 MOTION For Entry Of A Lone Pine Case Management Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
August 19, 2016	Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (slm)
August 15, 2016	Filing 179 MEMORANDUM in Support of #177 MOTION to Compel Other Site Discovery filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Red-Lined list of Interrogatories and Requests for Production, #2 Exhibit 2- 5-9-2003 IDEM letter, #3 Exhibit 3- 5-22-2003 Badger Work Plan, #4 Exhibit 4- Badger Health Consultation, #5 Exhibit 5- 7-27-2009 Werwie Email, #6 Exhibit 6- Pls. Requests for Production, #7 Exhibit 7- Pls. First Set of Interrogatories, #8 Exhibit 8- JCIs Responses to Requests for Production, #9 Exhibit 9- JCIs Answers to Interrogatories, #10 Exhibit 10- 11-25-2014 Vapor Intrusion Assessment, #11 Exhibit 11- Wisconsin DHFS Letter, #12 Exhibit 12- Watertown Health Hazard Evaluation Report, #13 Exhibit 13- TCE Purchases, #14 Exhibit 14- 8-16-2012 DOL Article, #15 Exhibit 15- 3-25-2012 Werwie Email, #16 Exhibit 16- Keramida Affidavit, #17 Exhibit 17- ATSDR Vapor Intrusion Investigation, #18 Exhibit 18- ATSDR Badger Soil Gas Risk Evaluation, #19 Exhibit 19- 5-2-2011 Lexington Health Consulation, #20 Exhibit 20- TCE Source Evaluation Report, #21 Exhibit 21- 3-9-2010 Osborne Email, #22 Exhibit 22- 3-22-2010 GZA Email, #23 Exhibit 23- 7-6-2010 Fenelon Email, #24 Exhibit 24- 7-7-2010 Werwie Email, #25 Exhibit 25- Part 1 GZA Vapor Intrusion Assessment and Mitigation Report, #26 Exhibit 25- Part 2 GZA Vapor Intrusion Assessment and Mitigation Report, #27 Exhibit 25- Part 3 GZA Vapor Intrusion Assessment and Mitigation Report, #28 Exhibit 25- Part 4 GZA Vapor Intrusion Assessment and Mitigation Report, #29 Exhibit 25- Part 5 GZA Vapor Intrusion Assessment and Mitigation Report, #30 Exhibit 25- Part 6 GZA Vapor Intrusion Assessment and Mitigation Report, #31 Exhibit 26- 4-27-2011 Fenelon Email, #32 Exhibit 27- 10-2003 Proposal)(Barnard, Thomas)
August 15, 2016	Filing 178 MOTION For Entry Of A Lone Pine Case Management Order by Defendant Johnson Controls Inc. (Attachments: #1 Memorandum Of Law In Support Of Motion For Lone Pine Order, #2 Index of Exhibits, #3 Exhibit A - Proposed Lone Pine Order, #4 Exhibit B - Chairez Objections and Answers to JCI's First Interrogatories, #5 Exhibit C - Excerpts of JCI's Historical Investigation Summary, #6 Exhibit D - News Articles, #7 Exhibit E - Null 1992 Results Letter, #8 Exhibit F - Excerpts of Null Deposition, #9 Exhibit G - IDEM Vapor Intrusion Pilot Program Guidance, #10 Exhibit H - GZA Vapor Intrusion Report, #11 Exhibit I - Excerpts of Tovar Deposition, #12 Exhibit J - Tovar 2012 Results Letter, #13 Exhibit K - Tovar 2015 Results Letter, #14 Exhibit L - Excerpts of Chairez Deposition of Rita Chairez, #15 Exhibit M - Chairez 2015 Results Letter, #16 Exhibit N - Null 2015 Results Letter, #17 Exhibit O - Null Objections and Answers to JCI's Jurisdictional Interrogatories, #18 Exhibit P - Excerpts of Deborah Hostetler Deposition, #19 Exhibit Q - Hostetler 2011 Results Letter, #20 Exhibit R - Excerpts of Amos Hostetler Deposition, #21 Exhibit S - Excerpts of Tovar Objections and Answers to JCI's First Interrogatories, #22 Exhibit T - Null Objections and Answers to JCI's First Interrogatories, #23 Exhibit U - Excerpts of Hostetler Objections and Answers to JCI's First Interrogatories, #24 Exhibit V - Excerpts of Chairez Responses to JCI's Amended Requests for Admission, #25 Exhibit W - Excerpts of Tovar Responses to JCI's Amended Requests for Admission, #26 Exhibit X - Excerpts of Null Responses to JCI's Amended Requests for Admission, #27 Exhibit Y - Excerpts of Deborah Hostetler Responses to JCI's Amended Requests for Admission, #28 Exhibit Z - Excerpts of Amos Hostetler Responses to JCI's Amended Requests for Admission, #29 Exhibit AA - Plaintiffs' Response to JCI's Motion to Compel, #30 Exhibit BB - Excerpt of Transcript of Hearing Before State Court)(Hall PHV, Thomas)
August 15, 2016	Filing 177 MOTION to Compel Other Site Discovery by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - Red-Lined list of Interrogatories and Requests for Production)(Barnard, Thomas)
August 15, 2016	Filing 176 Joint REPORT by Johnson Controls Inc OF LOCAL RULE 37-1 CONFERENCE AND AGREED REQUEST FOR RELIEF. (Hall PHV, Thomas) Modified text on 8/15/2016 (kds).
August 11, 2016	Filing 175 ORDER granting #174 Motion to Withdraw as Attorney. Attorney Melissa A Gardner terminated. Approved by Magistrate Judge Christopher A Nuechterlein on 8/11/16. (slm)
August 11, 2016	Filing 174 MOTION to Withdraw as Attorney by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Gardner, Melissa)
August 3, 2016	Filing 173 (certified) USCA ORDER re #172 Notice. Upon consideration of the Petition for Permission to Appeal Under 28 USC 1453(c)(1) from the US District Court for the Northern District of Indiana's Order Denying Motion to Remand, IT IS ORDERED that the petition is DENIED. (jld)
July 20, 2016	Filing 172 NOTICE - from USCA that a petition for permission to appeal pursuant to 28:1453(c) has been docketed (case: 16-8013) (kds)
July 19, 2016	Filing 171 ORDER: Court DENIES AS MOOT #165 Motion to Strike. Court DENIES WITHOUT PREJUDICE the remaining motions to compel, cross motions for protective orders, and motions to convert #123 , #129 , #148 , #162 . Court also DENIES WITHOUT PREJUDICE #166 JCI's Lone Pine Motion. As a result, Plaintiffs' #168 Motion for extension of time to file a response to JCI's Lone Pine motion is DENIED AS MOOT. If renewed motions are required to resolve any of the three discovery disputes, they must be filed by 8/15/2016, as outlined. Signed by Magistrate Judge Christopher A Nuechterlein on 7/19/2016. cc: Tocon Holdings LLC (tc)
July 13, 2016	Filing 170 RESPONSE to Motion re #168 MOTION for Extension of Time to File Response/Reply as to #166 MOTION For Entry Of A Lone Pine Case Management Order filed by Johnson Controls Inc. (Hall PHV, Thomas)
July 12, 2016	Filing 169 SUPPLEMENT to #168 MOTION for Extension of Time to File Response/Reply as to #166 MOTION For Entry Of A Lone Pine Case Management Order Exhibit 1 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
July 12, 2016	Filing 168 MOTION for Extension of Time to File Response/Reply as to #166 MOTION For Entry Of A Lone Pine Case Management Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
July 11, 2016	Filing 167 OPINION AND ORDER DENYING #21 MOTION to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar; GRANTING #50 MOTION to Strike the Expert Report of Malcolm S. Cohen and Laura Steiner by Defendant Johnson Controls Inc.; DENYING #90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar; DENYING #115 MOTION for Leave to File/Submit Order of the Bankruptcy Court in Support of Opposition to Plaintiffs' Motions to Remand by Defendant Johnson Controls Inc. Signed by Judge Jon E DeGuilio on 7/11/16. (cc: Tocon Holdings LLC). (cer)
July 8, 2016	Filing 166 MOTION For Entry Of A Lone Pine Case Management Order by Defendant Johnson Controls Inc. (Attachments: #1 Memorandum Of Law In Support Of Motion For Entry Of A Lone Pine Order, #2 Index of Exhibits, #3 Exhibit A - Proposed Lone Pine Order, #4 Exhibit B - Rita Chairez Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #5 Exhibit C - Excerpts of JCI's Historical Investigation Summary, Goshen Facility Site, submitted to Indiana Voluntary Remediation Program, #6 Exhibit D - News Articles, #7 Exhibit E - Becky Null Results Letter, dated February 24, 1992, #8 Exhibit F - Excerpts of Deposition of Becky Null, dated May 21, 2015, #9 Exhibit G - Indiana Department of Environmental Management Vapor Intrusion Pilot Program Guidance, dated April 26, 2006, #10 Exhibit H - GZA Vapor Intrusion Assessment and Mitigation Report Prepared by GZA GeoEnvironmental, Inc., #11 Exhibit I - Excerpts of Deposition of Maria Tovar, dated May 20, 2015, #12 Exhibit J - Tovar Results Letter, dated January 16, 2012, #13 Exhibit K - Tovar Results Letter, dated March 2, 2015, #14 Exhibit L - Excerpts of Deposition of Rita Chairez, dated May 20, 2015, #15 Exhibit M - 1120 Sander Avenue Results Letter, dated March 2, 2015, #16 Exhibit N - Becky Null Results Letter, dated March 2, 2015, #17 Exhibit O - Becky Null's Objections and Answers to JCI's Interrogatories Relating to Jurisdictional Issues, dated September 8, 2015, #18 Exhibit P - Excerpts of Deposition of Deborah Hostetler, dated May 19, 2015, #19 Exhibit Q - 1118 E. Monroe St. Results Letter, dated July 1, 2015, #20 Exhibit R - Excerpts of Deposition of Amos Hostetler, dated May 19, 2015, #21 Exhibit S - Excerpts of Maria Tovar's Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #22 Exhibit T - Becky Null's Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #23 Exhibit U - Excerpts of Hostetlers' Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #24 Exhibit V - Excerpts of Rita Chairez's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #25 Exhibit W - Excerpts of Maria Tovar's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #26 Exhibit X - Excerpts of Becky Null's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #27 Exhibit Y - Excerpts of Debbie Hostetler's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #28 Exhibit Z - Excerpts of Amos Hostetler's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #29 Exhibit AA - Plaintiffs' Response to JCI's Motion to Compel, filed April 24, 2015, #30 Exhibit BB - Excerpt of Transcript of Hearing Before Special Master Gene R. Duffin, dated May 5, 2015)(Hall PHV, Thomas)
July 8, 2016	Filing 165 RULE 12(f) MOTION to Strike #162 Cross MOTION for Protective Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
June 28, 2016	Filing 164 ORDER: The Court concludes that sanctions should not be imposed in this case. Signed by Magistrate Judge Christopher A Nuechterlein on 6/28/2016. (cc: Tocon Holdings LLC)(rmn)
June 27, 2016	Filing 163 BRIEF in Support of #162 Cross MOTION for Protective Order and Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Discovery About Other JCI Sites [D.E. 144] filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - AHostetler RFA, #3 Exhibit B - DHostetler RFA, #4 Exhibit C - MTovar RFA, #5 Exhibit D - RCHairez RFA, #6 Exhibit E - BNull RFA, #7 Exhibit F - WDNR Letter, #8 Exhibit G - JCI 10K, #9 Exhibit H - Keramida Tr.)(Hall PHV, Thomas)
June 27, 2016	Filing 162 Cross MOTION for Protective Order by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
June 21, 2016	Filing 161 ORDER denying #158 Motion for Leave to File. Signed by Judge Jon E DeGuilio on 6/21/2016. (cc: Tocon Holdings HHC) (saj)
June 21, 2016	Filing 160 RESPONSE to Motion re #158 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Sanctions filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
June 20, 2016	Filing 159 ORDER denying #153 Motion to Seal. The Court DIRECTS the Clerk to unseal Plaintiff's Exhibit 7 (DE 152). Signed by Magistrate Judge Christopher A Nuechterlein on 6/20/16. (ksp)
June 20, 2016	Filing 158 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Sanctions by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A -- Sur-Reply In Opposition To Plaintiffs' Motion For Sanctions)(Hall PHV, Thomas)
June 16, 2016	Filing 157 REPLY to Response to Motion re #129 Cross MOTION for Protective Order filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Plaintiffs RFP Response)(Hall PHV, Thomas)
June 16, 2016	Filing 156 SUR-REPLY in Opposition to Plaintiffs' Motion to Compel by Johnson Controls Inc to #123 MOTION to Compel . (Hall PHV, Thomas)
June 16, 2016	Filing 155 ORDER granting #139 Motion for Leave to File Sur-Reply. Johnson Controls Inc's Sur-Reply to be filed by 6/22/2016. (cc: Tocon Holdings LLC) Signed by Magistrate Judge Christopher A Nuechterlein on 6/16/16. (mlc)
June 15, 2016	Filing 154 RESPONSE to Motion re #153 MOTION to Seal DE152 filed by Johnson Controls Inc. (Hall PHV, Thomas)
June 14, 2016	Filing 153 MOTION to Seal DE152 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 6-09-2016 Email)(Barnard, Thomas)
June 14, 2016	Filing 152 Reply to Response to Motion,,,. (Barnard, Thomas) Modified on 6/21/2016 to unseal document (ksp).
June 14, 2016	Filing 151 REPLY to Response to Motion re #131 MOTION for Sanctions AND REQUEST FOR RULE TO SHOW CAUSE filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Organization Chart, #2 Exhibit 2- 3-25-12 Email, #3 Exhibit 3- Excerpt from Tony Adkins Deposition 12-3-2015, #4 Exhibit 4- 5-11-11 Email and Attachment, #5 Exhibit 5- 11-12-13 Email and Pictures, #6 Exhibit 6- 11-12-13 Email, #7 Exhibit 7- Exhibit Filed Under Seal, #8 Exhibit 8- 12-16-15 Hershberger Testimony Bankruptcy Hearing 12-16-2015, #9 Exhibit 9- Bankruptcy Motion to Dismiss Order 4-07-16, #10 Exhibit 10- Excerpt from 2-23-16 Bankruptcy Hearing Transcript, #11 Exhibit 11- 6-14-12 Email, #12 Exhibit 12- 6-14-16 Affidavit of Thomas A. Barnard, #13 Exhibit 13- 7-23-14 Email, #14 Exhibit 14- 2-04-16 Email, #15 Exhibit 15- Photos)(Barnard, Thomas)
June 13, 2016	Filing 150 REPLY to Response to Motion re #148 MOTION To Convert Plaintiffs' Response To JCI's Cross-Motion For Protective Order Into A Motion To Compel And To Set Briefing Schedule filed by Johnson Controls Inc. (Hall PHV, Thomas)
June 10, 2016	Filing 149 RESPONSE to Motion re #148 MOTION To Convert Plaintiffs' Response To JCI's Cross-Motion For Protective Order Into A Motion To Compel And To Set Briefing Schedule filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 6/9/16 Email)(Barnard, Thomas)
June 10, 2016	Filing 148 MOTION To Convert Plaintiffs' Response To JCI's Cross-Motion For Protective Order Into A Motion To Compel And To Set Briefing Schedule by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
June 8, 2016	Filing 147 ORDER GRANTING #146 MOTION to Withdraw #133 MOTION to Seal Docket Entries #131 and #131 -16 and for Leave to File Redacted Brief by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. ORDERING that Plaintiffs' Motion to Seal #133 is WITHDRAWN. Further ORDERING that Plaintiffs' Motion for Sanctions #131 and Exhibit 16 thereto #131 -16 are unsealed. Signed by Magistrate Judge Christopher A Nuechterlein on 6/8/2016. (lhc)
June 7, 2016	Filing 146 MOTION to Withdraw #133 MOTION to Seal Docket Entries 131 and 131-16 and for Leave to File Redacted Brief by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
June 6, 2016	Filing 145 RESPONSE to Motion re #131 MOTION for Sanctions AND REQUEST FOR RULE TO SHOW CAUSE filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plainitffs' RFPs, #3 Exhibit B - Hershsberger Tr., #4 Exhibit C - Keramida Tr., #5 Exhibit D - 12/26/15 Bankr. Tr., #6 Exhibit E - 3/10/2016 Bankr. Tr., #7 Exhibit F - 2/23/2016 Bank. Tr., #8 Exhibit G - 3/5/2012 Email, #9 Exhibit H - IDEM Compliance Ltr, #10 Exhibit I - 1/11/16 Tr.)(Hall PHV, Thomas)
June 6, 2016	Filing 144 RESPONSE to Motion re #129 Cross MOTION for Protective Order filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 5-9-2003 IDEM Letter, #2 Exhibit 2 - 5-22-2003 Badger Work Plan, #3 Exhibit 3 - Badger Health Consultation, #4 Exhibit 4 - 7-27-2009 Werwie Email, #5 Exhibit 5 - Pls. Requests for Production, #6 Exhibit 6 - Pls. First Set of Interrogatories, #7 Exhibit 7 - JCI's Responses to Requests for Production, #8 Exhibit 8 - JCI's Answers to Interrogatories, #9 Exhibit 9 - Wisconsin DHFS Letter, #10 Exhibit 10 - Watertown Health Hazard Evaluation Report, #11 Exhibit 11 - TCE Purchases, #12 Exhibit 12 - 8-16-2012 DOL Article, #13 Exhibit 13 - 3-25-2012 Werwie Email, #14 Exhibit 14 - Fullerton Corrective Action Consent Agreement, #15 Exhibit 15 - 10-5-2000 EPA News Release, #16 Exhibit 16 - Keramida Affidavit, #17 Exhibit 17 - ATSDR Vapor Intrusion Investigation, #18 Exhibit 18 - Badger Soil Gas Risk Evaluation, #19 Exhibit 19 - Lexington Health Consultation, #20 Exhibit 20 - TCE Source Evaluation Report, #21 Exhibit 21 - 3-9-2010 Osborne Email, #22 Exhibit 22 - 3-22-2010 GZA Email, #23 Exhibit 23 - 7-6-2010 Fenelon Email, #24 Exhibit 24 - 7-7-2010 Werwie Email, #25 Exhibit 25 Part 1 - GZA Vapor Intrusion Assessment and Mitigation Report, #26 Exhibit 25 Part 2 - GZA Vapor Intrusion Assessment and Mitigation Report, #27 Exhibit 25 Part 3 - GZA Vapor Intrusion Assessment and Mitigation Report, #28 Exhibit 25 Part 4 - GZA Vapor Intrusion Assessment and Mitigation Report, #29 Exhibit 26 - 4-27-2011 Fenelon Email, #30 Exhibit 27 - 10-2003 Proposal)(Barnard, Thomas)
June 3, 2016	Filing 143 ORDER granting #142 Motion for Extension of Time to File Responses. Responses to #129 Motion for Protective Order and #131 Motion for Sanctions and Request for Rule to Show Cause to be filed by 6/6/2016. Approved by Magistrate Judge Christopher A Nuechterlein on 6/3/16. (cck)
June 3, 2016	Filing 142 Joint MOTION for Extension of Time to File Response/Reply , re: Defendant JCI's Cross-Motion For Protective Order And Plaintiffs' Motion For Sanctions by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
June 1, 2016	Filing 141 RESPONSE TO ORDER TO SHOW CAUSE by Johnson Controls Inc filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 1/11/16 Court Conference Transcript, #2 Exhibit B - 4/21/16 Oral Argument Transcript - Redacted)(Hall PHV, Thomas)
June 1, 2016	Filing 140 RESPONSE to Motion re #139 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Compel filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
May 31, 2016	Filing 139 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Compel by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A = Sur-Reply)(Hall PHV, Thomas)
May 26, 2016	Filing 138 ORDER granting #137 Plaintiffs' Motion for Extension of Time to File Response/Reply to #129 . Response to be filed by 6/3/2016. Approved by Magistrate Judge Christopher A Nuechterlein on 05/26/2016. (slm)
May 25, 2016	Filing 137 MOTION for Extension of Time to File Response/Reply as to #129 Cross MOTION for Protective Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
May 23, 2016	Filing 136 REPLY to Response to Motion re #123 MOTION to Compel filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 4-13-2015 email, #2 Exhibit 2- 5-26-2015 email, #3 Exhibit 3- 5-23-2016 Affidavit of Thomas A. Barnard, #4 Exhibit 4- 6-9-2015 email, #5 Exhibit 5- 7-27-2015 email, #6 Exhibit 6- 7-28-2015 Hearing Transcript - excerpt, #7 Exhibit 7- 7-30-2015 Letter from Tom Barnard to Jennifer Ilkka, #8 Exhibit 8- 9-17-2015 email, #9 Exhibit 9- 11-9-2015 email, #10 Exhibit 10- 1-8-2016 Letter from Tom Barnard to Lauren Lee, #11 Exhibit 11- 1-11-2016 Hearing Transcript-excerpt, #12 Exhibit 12- 1-13-2016 Letter from Lauren Lee to Tom Barnard, #13 Exhibit 13- 5-10-2016 Letter from Lauren Lee to Tom Barnard, #14 Exhibit 14- 5-12-16 email, #15 Exhibit 15- 5-23-2016 Affidavit of Melissa A. Gardner, #16 Exhibit 16- 5-23-2016 Affidavit of Penny J. Scott)(Barnard, Thomas)
May 23, 2016	Filing 135 ORDER: The Court AMENDS its Order Nunc Pro Tunc and DIRECTS Johnson Controls Inc to show cause by 6/1/2016. Signed by Magistrate Judge Christopher A Nuechterlein on 5/23/16. (cc: Tocon Holdings LLC).(cer)
May 23, 2016	Filing 134 Motion #131 and Exhibit [131-16] are SEALED by the Court until ruling on Motion to Seal #133 . (jld)
May 20, 2016	Filing 133 WITHDRAWN per #147 MOTION to Seal Docket Entries 131 and 131-16 and for Leave to File Redacted Brief by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 5-20-16 Letter to Tom Hall, #2 Exhibit 2 - 5-17-16 Plaintiffs' Redacted Motion for Sanctions)(Barnard, Thomas) Modified on 6/8/2016 (lhc).
May 18, 2016	Filing 132 ORDER: DENYING #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP by Defendant Johnson Controls Inc.; ORDERING JCI and its counsel to show cause by 6/1/2016, why the conduct specified above has not violated Rule 11(b) or 28 U.S.C. 1927 and why sanctions should not be awarded to the benefit of Plaintiffs. Signed by Magistrate Judge Christopher A Nuechterlein on 5/18/2016. (lhc) Modified on 5/24/2016 to add cc: Tocon Holdings LLC (lhc).
May 17, 2016	Filing 131 MOTION for Sanctions AND REQUEST FOR RULE TO SHOW CAUSE by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 6-13-2013 email, #2 Exhibit 2- 4-18-2013 email, #3 Exhibit 3- 12-03-2015 Tony Adkins deposition - excerpt, #4 Exhibit 4- photo of drum, #5 Exhibit 5- 5-02-2011 email, #6 Exhibit 6- 3-29-2005 article from The Goshen News, #7 Exhibit 7- Environmental Remediation and Indemnification Agreement, #8 Exhibit 8- 7-29-2009 email, #9 Exhibit 9- 12-16-2015 Bankruptcy Transcript excerpt part 1, #10 Exhibit 10- 12-16-2015 Bankruptcy Transcript excerpt part 2, #11 Exhibit 11- 3-05-2012 email, #12 Exhibit 12- Richard Swift Criminal History, #13 Exhibit 13- 2-09-2015 Richard Swift LaGrange Circuit Court Charging Information, #14 Exhibit 14- 2-23-2012 email, #15 Exhibit 15- 3-01-2012 email, #16 Exhibit 16- 04-13-2014 email, #17 Exhibit 17- 12-03-2014 email, #18 Exhibit 18- 12-01-2015 341 Meeting of Creditors - excerpt, #19 Exhibit 19- 8-26-2015 email, #20 Exhibit 20- 10-05-2015 email, #21 Exhibit 21- 10-05-2015 email, #22 Exhibit 22- 4-11-2016 EPA Request for Payment of Administrative Expenses, #23 Exhibit 23- 5-4-2016 Minute Entry/Order re Hearing on Application for Payment)(Barnard, Thomas) Modified on 6/8/2016 to unseal docs per #147 * (lhc).
May 13, 2016	Filing 130 RESPONSE to Motion re #123 MOTION to Compel , #129 Cross MOTION for Protective Order - Memorandum Of Law In Opposition To Plaintiffs' Motion To Compel And In Support Of Cross-Motion For Protective Order filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 5/11/16 Letter, #3 Exhibit B - 5/12/16 Letter, #4 Exhibit C - 6/3/2015 Email, #5 Exhibit D - JCI's Objections to RFPS, #6 Exhibit E - Vaughan Decl., #7 Exhibit F - 7/15/15 Email, #8 Exhibit G - Lee Decl., #9 Exhibit H - 5/15/15 Email, #10 Exhibit I - 10/16/15 Letter)(Hall PHV, Thomas)
May 13, 2016	Filing 129 Cross MOTION for Protective Order by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
May 12, 2016	Filing 128 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Attachments: #1 Exhibit A - Allen v. Boeing Co.)(Barnard, Thomas)
May 9, 2016	Filing 127 TRANSCRIPT of TELEPHONIC HEARING held on JANUARY 11, 2016, before Judge CHRISTOPHER A. NUECHTERLEIN. Court Reporter DEBRA J. BONK, Telephone number debra_bonk@innd.uscourts.gov/574 246 8039. 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 5/18/2016. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016. (db)
April 27, 2016	Filing 126 TRANSCRIPT of redacted ORAL ARGUMENT held on APRIL 21, 2016, before Judge CHRISTOPHER A. NUECHTERLEIN. Court Reporter DEBRA J. BONK, Telephone number debra_bonk@innd.uscourts.gov/574 246 8039. 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 5/9/2016. Redaction Request due 5/18/2016. Redacted Transcript Deadline set for 5/31/2016. Release of Transcript Restriction set for 7/26/2016. (db)
April 27, 2016	Filing 125 SEALED TRANSCRIPT of ORAL ARGUMENT held on APRIL 21, 2016, before Judge CHRISTOPHER A. NUECHTERLEIN. Court Reporter Debra Bonk, Telephone number 574 246 8039/ debra_bonk@innd.uscourts.gov. (db)
April 26, 2016	Filing 124 MEMORANDUM in Support of #123 MOTION to Compel filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 3-8-15 Rolfes letter, #2 Exhibit 2- 3-27-15 Walsh letter, #3 Exhibit 3- 4-27-15 Ilkka email, #4 Exhibit 4- Gardner Affidavit, #5 Exhibit 5- Scott Affidavit, #6 Exhibit 6- 5-27-15 Email, #7 Exhibit 7- 6-5-15 JCI email, #8 Exhibit 8- DTO Statement of Work, #9 Exhibit 9- 6-10-15 Ilkka email, #10 Exhibit 10- DTI invoices and checks, #11 Exhibit 11- 10-2-15 Letter, #12 Exhibit 12- 3-31-16 T. Barnard letter, #13 Exhibit 13- 4-7-16 JCI letter, #14 Exhibit 14- 4-19-16 JCI email, #15 Exhibit 15- 2-25-15 Hartzler email)(Barnard, Thomas)
April 26, 2016	Filing 123 MOTION to Compel by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
April 22, 2016	Filing 122 REPLY to Response to Motion re #115 MOTION for Leave to File /Submit Order Of The Bankruptcy Court In Support Of Opposition To Plaintiffs' Motions To Remand filed by Johnson Controls Inc. (Attachments: #1 Exhibit A)(Hall PHV, Thomas)
April 21, 2016	Filing 121 MOTION HEARING held on 4/21/2016 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Ulmer, Gardner, O'Neil, Barnard, Michael. Dft appeared by atty Hartzler, Hall. re #72 MOTION to Disqualify Counsel ; Court hears from counsel. Matter taken under advisement. (Court Reporter D Bonk.) (slm)
April 18, 2016	Filing 120 ORDER granting #108 Motion to Seal. The Court DIRECTS the Clerk to maintain JCI's response brief under seal (DE 107). Signed by Magistrate Judge Christopher A Nuechterlein on 4/18/16. (cc: Tocon Holdings LLC) (ksp)
April 12, 2016	Filing 119 ORDER: The Court GRANTS YAUBs motions #104 . The Court DIRECTS the Clerk to maintain YAUBs sur-reply and attached exhibit under seal. #117 and [117-1]. Signed by Magistrate Judge Christopher A Nuechterlein on 4/12/2016. cc: Tocon Holdings LLC (rmn)
April 12, 2016	Filing 118 RESPONSE to Motion re #115 MOTION for Leave to File /Submit Order Of The Bankruptcy Court In Support Of Opposition To Plaintiffs' Motions To Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Adkins Email, #2 Exhibit Insurance Binder)(Barnard, Thomas)
April 8, 2016	Filing 117 Sealed Document re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP. (Attachments: #1 Exhibit A)(Glavin, Daniel)
April 7, 2016	Filing 116 SUR-REPLY IN OPPOSITION by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar to #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP . (Barnard, Thomas)
April 7, 2016	Filing 115 MOTION for Leave to File /Submit Order Of The Bankruptcy Court In Support Of Opposition To Plaintiffs' Motions To Remand by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A)(Hall PHV, Thomas)
April 4, 2016	Filing 114 ORDER: GRANTING #103 Motion for Leave to File Sur-Reply. YAUB may separately file its sur-reply by 4/11/16. Signed by Magistrate Judge Christopher A Nuechterlein on 4/4/16. (cc: Tocon Holdings)(jld)
April 4, 2016	Filing 113 ORDER: GRANTING #102 Motion for Leave to File Sur-Reply. Taft may separately file its sur-reply by 4/11/2016. Signed by Magistrate Judge Christopher A Nuechterlein on 4/4/16. (jld) (cc: Tocon Holdings)
April 1, 2016	Filing 112 REPLY to Response to Motion re #103 MOTION for Leave to File Sur-Reply filed by Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)
March 30, 2016	Filing 111 REPLY to Response to Motion re #102 MOTION for Leave to File Sur-Reply filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
March 29, 2016	Filing 110 ORDER terminating #27 Motion to Remand to State Court; dismissing with leave to refile once the consolidated motion to remand has been resolved #30 Motion to Certify Class. Signed by Judge Jon E DeGuilio on 3/29/16. (ksp)
March 28, 2016	Filing 109 Sealed Document re #103 MOTION for Leave to File Sur-Reply, #108 MOTION to Seal Opposition To Ulmer's Motion For Leave To File Sur-Reply. (Hall PHV, Thomas)
March 28, 2016	Filing 108 MOTION to Seal Opposition To Ulmer's Motion For Leave To File Sur-Reply by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
March 28, 2016	Filing 107 RESPONSE to Motion re #102 MOTION for Leave to File Sur-Reply filed by Johnson Controls Inc. (Hall PHV, Thomas)
March 23, 2016	Filing 106 ORAL ORDER Setting an in-court Oral Arguments on Motion #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP : Oral Arguments set for 4/21/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.Approved by Magistrate Judge Christopher A Nuechterlein on 3/23/16. (slm)
March 23, 2016	Filing 105 Sealed Document. (Attachments: #1 Exhibit A)(Glavin, Daniel)
March 23, 2016	Filing 104 MOTION to Seal Sur-Reply by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)
March 23, 2016	Filing 103 MOTION for Leave to File Sur-Reply by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)
March 23, 2016	Filing 102 MOTION for Leave to File Sur-Reply by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 Sur-Reply)(Barnard, Thomas)
March 16, 2016	Filing 101 ORDER GRANTING #99 MOTION to Seal by Defendant Johnson Controls Inc. The Court DIRECTS the Clerk to maintain JCI's reply brief and accompanying exhibits under seal, #100 , #100 -1 through #100 -6. Signed by Magistrate Judge Christopher A Nuechterlein on 3/16/2016. (lhc)
March 14, 2016	Filing 100 Sealed Document re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hall PHV, Thomas)
March 14, 2016	Filing 99 MOTION to Seal by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
March 10, 2016	Filing 98 ORDER granting #91 Motion to Seal. The Court DIRECTS the Clerk to maintain YAUBs response and supporting materials under seal. Doc. No. #92 . Signed by Magistrate Judge Christopher A Nuechterlein on 3/10/16. (kjp)
March 9, 2016	Filing 97 ORDER granting #96 Motion for Leave to File as to JCI to file oneenlarged, consolidated resply to Plaintiffs' two responses to JCI's motion to disqualify, not toexceed 30 pages, Approved by Magistrate Judge Christopher A Nuechterlein on 3/9/16. (slm)
March 8, 2016	Filing 96 MOTION for Leave to File /Unopposed Motion To File One Enlarged Consolidated Reply In Further Support Of Its Motion To Disqualify Plaintiffs' Law Firms by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
March 7, 2016	Filing 95 REPLY to Response to Motion re #90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 3-1-16 Email from EPA, #2 Exhibit 2 - EPA Website, #3 Exhibit 3 - Asbestos Notification, #4 Exhibit 4 - 10-23-14 Emails to EPA, #5 Exhibit 5 - 11-21-14 Email String with B. Hershberger, #6 Exhibit 6 - 12-12-14 Inspection Summary, #7 Exhibit 7 - Dennis Carter Depo., #8 Exhibit 8 - Site Map, #9 Exhibit 9 - 1-19-16 Inspection Summary, #10 Exhibit 10 - 2-4-16 Email to EPA, #11 Exhibit 11 - Remediation Agreement, #12 Exhibit 12 - 7-27-09 Email from Werwie, #13 Exhibit 13 - 3-6-12 Email String re: Demolition, #14 Exhibit 14 - 4-4-12 Email String, #15 Exhibit 15 - Nov. 2013 Photographs, #16 Exhibit 16 - Dec. 2013 Photographs)(Barnard, Thomas)
February 25, 2016	Filing 94 RESPONSE to Motion re #90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand filed by Johnson Controls Inc. (Hall PHV, Thomas)
February 19, 2016	Filing 93 RESPONSE to Motion re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1-3/6/12 Email, #2 Exhibit 2-4/04/12 Email, #3 Exhibit 3-Swift Criminal History, #4 Exhibit 4-11/12/13 Email, #5 Exhibit 5-12/11/13 Email, #6 Exhibit 6-Keramida Report, #7 Exhibit 7-6/22/11 Email, #8 Exhibit 8-Pinnyei Complaint, #9 Exhibit 9-Pinnyei Report, #10 Exhibit 10-Pinnyei Data, #11 Exhibit 11-IDEM letter, #12 Exhibit 12-12/23/03 Email, #13 Exhibit 13-1/16/04 Email, #14 Exhibit 14-7/15/04 Email, #15 Exhibit 15-7/27/09 Email, #16 Exhibit 16-GZA Project Description, #17 Exhibit 17-Schmucker affidavit, #18 Exhibit 18-Stewart affidavit, #19 Exhibit 19-Vandiepenbos affidavit, #20 Exhibit 20-Letters to neighborhood, #21 Exhibit 21-Vapor Rpt., #22 Exhibit 22-1/25/11 Email, #23 Exhibit 23-2/22/11 Email, #24 Exhibit 24-6/14/11 Email, #25 Exhibit 25-3/16/11 Email, #26 Exhibit 26-4/08/11 Email, #27 Exhibit 27-2/23/12 Email, #28 Exhibit 28- Null photo, #29 Exhibit 29-Ambrosen affidavit, #30 Exhibit 30-Barnard affidavit, #31 Exhibit 31-Permit App., #32 Exhibit 32-1/28/09 Email, #33 Exhibit 33-Michael affidavit, #34 Exhibit 34-Gardner affidavit, #35 Exhibit 35-3/28/12 Email, #36 Exhibit 36-D. Hostetler Dep., #37 Exhibit 37-A. Hostetler Dep., #38 Exhibit 38-Chairez Dep., #39 Exhibit 39-Ulmer affidavit, #40 Exhibit 40-Butler affidavit, #41 Exhibit 41-Null Dep., #42 Exhibit 42-Tovar letter, #43 Exhibit 43-Tovar Dep., #44 Exhibit 44-Tovar Aff., #45 Exhibit 45-ABA Opinion)(Barnard, Thomas)
February 19, 2016	Filing 92 Sealed Document re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Glavin, Daniel)
February 19, 2016	Filing 91 MOTION to Seal by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)
February 8, 2016	Filing 90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - Asbestos Inspection Report)(Barnard, Thomas)
January 27, 2016	Filing 89 NOTICE of Appearance by Michael E O'Neill on behalf of Yoder Ainlay Ulmer & Buckingham (O'Neill, Michael)
January 27, 2016	Filing 88 ORDER granting #87 Motion for Extension of Time to File Response/Reply to #72 . Response to be filed by 2/19/2016 Reply to be filed by 3/14/2016.Approved by Magistrate Judge Christopher A Nuechterlein on 1/27/16. (slm)
January 26, 2016	Filing 87 MOTION for Extension of Time to File Response/Reply to Motion to Disqualify Counsel by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)
January 26, 2016	Filing 86 NOTICE of Appearance by Daniel W Glavin on behalf of Yoder Ainlay Ulmer & Buckingham (Glavin, Daniel)
January 14, 2016	Filing 85 SUR-REPLY -- Defendant Johnson Controls, Inc.'s Sur-Reply Opposition To Plaintiffs' Supplemental Motion To Remand by Johnson Controls Inc to #74 Reply to Response to Motion,,,,,,, . (Attachments: #1 Index of Exhibits, #2 A- Dec 2014 Inspection, #3 B - Motion to Dismiss Hrg. Tr., #4 C - Dec 2015 Inspection, #5 D - Motion to Dismiss, #6 E - Adkins Rule 2004 Exam Tr.)(Hall PHV, Thomas)
January 11, 2016	Filing 84 TELEPHONE CONFERENCE held on 1/11/2016 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Ulmer, Barnard. Dft appeared by atty Skroback, Hall, Hartzler. STAY as to dft Tocon remains in effect. By agreement of the parties the Defendant expert witness disclosures and reports to be delivered to the plaintiff by 8/31/2016. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 6/30/2016. (Court Reporter D Bonk.) (slm)
January 11, 2016	Filing 83 NOTICE of Appearance by Michael P O'Neil on behalf of All Plaintiffs (O'Neil, Michael)
January 6, 2016	Filing 82 ORDER GRANTING #65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar; GRANTING #79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand by Defendant Johnson Controls Inc. Sur-Reply to be filed by 1/14/2016 and must not exceed 7 pages, as outlined in Order. Signed by Magistrate Judge Christopher A Nuechterlein on 1/6/2016. (lhc) (cc: Tocon Holdings LLC)
January 4, 2016	Filing 81 REPLY to Response to Motion re #79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand filed by Johnson Controls Inc. (Hall PHV, Thomas)
January 4, 2016	Filing 80 RESPONSE to Motion re #79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
December 31, 2015	Filing 79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit 1 - Sur-Reply, #2 Index of Exhibits to Sur-Reply, #3 Exhibit A to Sur-Reply - Keramida 5/12 Tr., #4 Exhibit B to Sur-Reply - Keramida 9/23 Tr., #5 Exhibit C to Sur-Reply - Bankruptcy 12/16 Tr., #6 Exhibit D to Sur-Reply - IDEM 2014 Inspection, #7 Exhibit E to Sur-Reply - IDEM 2015 Inspection, #8 Exhibit F to Sur-Reply - Motion to Dismiss, #9 Exhibit G to Sur-Reply - Adkins 12/3 Tr.)(Hall PHV, Thomas)
December 28, 2015	Filing 78 ORDER: Court GRANTS #75 Motion for Leave to File Surreply. Plaintiff's Surreply in Opposition to JCI's Motion to Strike is deemed filed as of the date of this Order. Signed by Magistrate Judge Christopher A Nuechterlein on 12/28/2015. cc: Tocon Holdings LLC (tc)
December 28, 2015	Filing 77 ORDER granting #76 Motion for Extension of Time to File Response/Reply to #72 . Response to be filed by 2/5/2016 Reply to be filed by 2/29/2016.Approved by Magistrate Judge Christopher A Nuechterlein on 12/28/15. (slm)
December 23, 2015	Filing 76 MOTION for Extension of Time to File Response/Reply as to #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
December 23, 2015	Filing 75 MOTION for Leave to File Surreply by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1: Surreply)(Barnard, Thomas)
December 21, 2015	Filing 74 REPLY to Response to Motion re #27 Supplemental MOTION to Remand to State Court , #21 MOTION to Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- JCI Responses to RFPs, #2 Exhibit 2- 2015 Semiannual Report, #3 Exhibit 3- 4/29/10 Email, #4 Exhibit 4- Bankruptcy Hearing Transcript, #5 Exhibit 5- 7/17/13 NOV, #6 Exhibit 6 - 10/28/13 Compliance Letter, #7 Exhibit 7- 6/12/13 Email, #8 Exhibit 8- 6/13/13 Email, #9 Exhibit 9- 8/10/13 Email, #10 Exhibit 10- Keramida Deposition Excerpts, #11 Exhibit 11- Adkins Deposition Excerpts, #12 Exhibit 12 Part 1-Asbestos Report, #13 Exhibit 12 Part 2-Asbestos Report, #14 Exhibit 12 Part 3-Asbestos Report, #15 Exhibit 12 Part 4-Asbestos Report, #16 Exhibit 12 Part 5-Asbestos Report, #17 Exhibit 12 Part 6-Asbestos Report, #18 Exhibit 12 Part 7-Asbestos Report, #19 Exhibit 13- Hershberger Deposition Excerpts, #20 Exhibit 14- 7/27/09 Email, #21 Exhibit 15- 5/11/11 Email, #22 Exhibit 16- 2/23/12 Email, #23 Exhibit 17- 3/6/12 Email, #24 Exhibit 18- 4/4/12 Email, #25 Exhibit 19- 4/24/12 Email, #26 Exhibit 20- Swift Criminal History, #27 Exhibit 21- Swift LaGrange County Information, #28 Exhibit 22- Carter Deposition Excerpts, #29 Exhibit 23- IDEM Asbestos Notification, #30 Exhibit 24- 8/15/12 Email, #31 Exhibit 25- 7/9/13 Email, #32 Exhibit 26- Proposal for Asbestos Removal, #33 Exhibit 27- 11/12/13 Email, #34 Exhibit 28- 12/11/13 Email, #35 Exhibit 29- ATSDR on Asbestos, #36 Exhibit 30- 10/5/15 Email, #37 Exhibit 31- 10/5/15 Email, #38 Exhibit 32- Bankruptcy Court Minute Entry, #39 Exhibit 33- 10/2/15 Email)(Barnard, Thomas)
December 19, 2015	Filing 73 BRIEF in Support of #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Gorom Decl., #2 Exhibit B - A.Hostetler Tr., #3 Exhibit C - D.Hostetler Tr., #4 Exhibit D - Null Tr., #5 Exhibit E - Chairez Tr., #6 Exhibit F - Tovar Tr.)(Hall PHV, Thomas)
December 19, 2015	Filing 72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP by Defendant Johnson Controls Inc. (Hall PHV, Thomas)
December 18, 2015	Filing 71 REPLY to Response to Motion re #50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Wyner Sur-Rebuttal, #2 Exhibit B - Cohen Tr., #3 Exhibit C - Wyner Tr.)(Hall PHV, Thomas)
December 18, 2015	Filing 70 REPLY to Response to Motion re #65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
December 17, 2015	Filing 69 ORDER GRANTING re #67 MOTION to Withdraw as Counsel filed by Johnson Controls Inc, Attorney Robert A Roth; Edward V Walsh, III; Jennifer L Ilkka and James A Rolfes terminated. Approved by Magistrate Judge Christopher A Nuechterlein on 12/17/15. (slm)
December 17, 2015	Filing 68 NOTICE of Appearance by Lauren T Lee PHV on behalf of Johnson Controls Inc (Lee PHV, Lauren)
December 16, 2015	Filing 67 MOTION to Withdraw as Counsel by Defendant Johnson Controls Inc, Counter Claimant Johnson Controls Inc, Cross Defendant Johnson Controls Inc. (Ilkka, Jennifer)
December 16, 2015	Filing 66 RESPONSE to Motion re #65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand filed by Johnson Controls Inc. (Hall PHV, Thomas)
December 15, 2015	Filing 65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
December 9, 2015	Filing 64 ORDER granting #62 Application to Appear Pro Hac Vice of Attorney Lauren T Lee PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 12/09/2015. (mtr)
December 8, 2015	Filing 63 RESPONSE to Motion re #50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - Scott dep., #2 Exhibit B - Alexander dep., #3 Exhibit C - Cohen/Steiner Rebuttal, #4 Exhibit D - Cohen dep., #5 Exhibit E - Scott Rebuttal, #6 Exhibit F - Kunkle Rebuttal, #7 Exhibit G - Cowan Affidavit, #8 Exhibit H - Petition to Appeal, #9 Exhibit I - Horewitz Declaration, #10 Exhibit J - Order July 1, 2015, #11 Exhibit K - Wyner dep., #12 Exhibit L - Gardner Affidavit)(Barnard, Thomas)
December 3, 2015	Filing 62 Application for Attorney Lauren T. Lee to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2813750(Pro Hac Vice Temporary login, )
December 2, 2015	Filing 61 ORDER granting #60 Motion to Continue. Telephonic Status Conference reset for 1/11/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.Approved by Magistrate Judge Christopher A Nuechterlein on 12/2/15. (slm)
December 1, 2015	Filing 60 MOTION to Continue the December 9, 2015 Status Conference (Unopposed) by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hartzler, Kelly)
November 12, 2015	Filing 59 ORDER granting #58 Application to Appear Pro Hac Vice of Attorney Scott William Coyle PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 11/12/2015. (mtr)
November 11, 2015	Filing 58 Application for Attorney Scott William Coyle to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2796040(Pro Hac Vice Temporary login, )
November 4, 2015	Filing 57 ORDER granting #56 Motion to Continue telephonic status. Telephonic Status Conference set for 12/9/2015 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.Approved y Magistrate Judge Christopher A Nuechterlein on 11/4/15. (slm)
November 3, 2015	Filing 56 MOTION to Continue November 16, 2015 Telephonic Conference by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
October 29, 2015	Filing 55 ORDER granting #54 Motion for Extension of Time to File Response/Reply to #50 . Response to be filed by 12/8/2015 Reply to be filed by 12/18/2015.Approved by Magistrate Judge Christopher A Nuechterlein on 10/29/15. (slm)
October 28, 2015	Filing 54 MOTION for Extension of Time to File Response/Reply as to #50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
October 27, 2015	Filing 53 ORDER denying with leave to refile #52 Motion to Stay all deadlines. Signed by Judge Jon E DeGuilio on 10/27/15. (mc)
October 26, 2015	Filing 52 Joint MOTION to Stay Case Deadlines by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
October 22, 2015	Filing 51 ORDER granting #47 Motion for Conference. Telephonic Status Conference set for 11/16/2015 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.The court will call all counsel listed on the docket sheet unless it is notified that specified attorneys need not be contacted. If, at the time of the scheduled conference, you will not be at the telephone number identified on the docket please contact chambers. Approved by Magistrate Judge Christopher A Nuechterlein on 10/22/15. (slm)
October 21, 2015	Filing 50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Errata M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Hall PHV, Thomas)
October 21, 2015	Filing 49 RESPONSE to Motion re #27 Supplemental MOTION to Remand to State Court , #21 MOTION to Remand -- Defendant Johnson Controls, Inc.'s Consolidated Opposition To Plaintiffs' Motion To Remand And Supplemental Motion To Remand filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X)(Hall PHV, Thomas)
October 21, 2015	Filing 48 RESPONSE to Motion re #47 MOTION for Conference to Address Impact of Bankruptcy Filing by Defendant Tocon Holdings, LLC filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A: Motion to Dismiss Bankruptcy Case)(Barnard, Thomas)
October 21, 2015	Filing 47 MOTION for Conference to Address Impact of Bankruptcy Filing by Defendant Tocon Holdings, LLC by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit Exhibit 1)(Hartzler, Kelly)
October 7, 2015	Filing 46 ORDER granting #44 Motion for Extension of Time. The briefing deadlines on Plaintiffs' motions to remand are extended. Consolidated Response to be filed by 10/21/2015. Consolidated Reply to be filed by 12/21/2015.Approved by Magistrate Judge Christopher A Nuechterlein on 10/7/15. (cck)
October 6, 2015	Filing 45 NOTICE of Bankruptcy Filing By Tocon (Attachments: #1 Exhibit Exhibit 1)(Hartzler, Kelly) Modified text to match document's caption on 10/13/2015 (mc).
October 5, 2015	Filing 44 Emergency MOTION for Extension of Time to File Response/Reply On Plaintiffs' Two Motions To Remand In Light Of Imminent Bankruptcy Filing By Tocon by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A)(Skroback PHV, Andrew)
September 30, 2015	Filing 43 NOTICE of Appearance by Andrew E Skroback PHV on behalf of Johnson Controls Inc (Skroback PHV, Andrew)
September 29, 2015	Filing 42 ORDER granting #40 Application to Appear Pro Hac Vice of Attorney Andrew E Skroback PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 09/29/2015. (mtr)
September 25, 2015	Filing 41 ORDER granting #39 Motion for Leave to File Excess Pages.Approved by Magistrate Judge Christopher A Nuechterlein on 9/25/15. (slm)
September 25, 2015	Filing 40 Application for Attorney Andrew Skroback to Appear Pro Hac Vice on behalf of Johnson Controls Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2757360(Pro Hac Vice Temporary login, )
September 24, 2015	Filing 39 MOTION for Leave to File Excess Pages in Response to Plaintiffs' Two Motions to Remand by Defendant Johnson Controls Inc. (Hartzler, Kelly)
September 23, 2015	Filing 38 NOTICE of Appearance by Thomas Joseph Hall PHV on behalf of Johnson Controls Inc (Hall PHV, Thomas)
September 22, 2015	Filing 37 ORDER granting #36 Application to Appear Pro Hac Vice of Attorney Thomas Joseph Hall PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 09/22/2015. (mtr)
September 18, 2015	Filing 36 Application for Attorney Thomas J. Hall to Appear Pro Hac Vice on behalf of Johnson Controls Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2751138(Pro Hac Vice Temporary login, )
August 10, 2015	Filing 35 TRANSCRIPT of Hearing held on July 28, 2015, before Judge Christopher A. Nuechterlein. Court Reporter Joanne Hoffman, Telephone number 574-246-8038. Tape Number: Stenographically Produced. 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 8/19/2015. Redaction Request due 8/31/2015. Redacted Transcript Deadline set for 9/10/2015. Release of Transcript Restriction set for 11/9/2015. (jh)
July 31, 2015	Filing 34 ORDER: The Court now AMENDS its order nunc pro tunc to reflect that no one appeared on behalf of Tocon at the pretrial conference held on July 28, 2015, and to strike the notation about Ms. Duvall's representation at #32 . All other aspects of the Court's order remain in force. The Court also DIRECTS the Clerk to terminate Ms. Duvall's appearance in this action. The Court NOTES that Tocon is left unrepresented in this action. While individuals may litigate in this Court without representation, neither corporations nor LLCS, like Tocon, may. Consequently, the Court ADVISES Tocon that it cannot make any filings in this action without counsel. Signed by Magistrate Judge Christopher A Nuechterlein on 7/31/2015. (lhc)(cc: Tocon Holdings, LLC)
July 28, 2015	Filing 33 Preliminary Pretrial Conference held on 7/28/2015 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Ulmer, Barnard, Michael. Dft appeared by atty Iikka, Rolfes, Hartzler. No one appeared on behalf of Tocon per #34 . Court hears from counsel. Order to be entered. (Court Reporter J Hoffman.) (slm) Modified on 7/31/2015 per #34 (lhc).
July 28, 2015	Filing 32 ORDER: The Court ADVISES Ms. Duvall that her duties to Tocon in this action have not been relieved because she has not received the Court's permission to withdraw her appearance. (Stricken per #34 ) The Court CONSOLIDATES Plaintiffs' two motions to remand, #21 & #27 . Defendants' brief in response to the consolidated motion to remand is due 10/7/2015. Plaintiffs' reply brief related to the consolidated motion to remand is due 12/7/2015. The Court EXTENDS the applicability of its protective order as outlined in Order. Signed by Magistrate Judge Christopher A Nuechterlein on 7/28/2015. (lhc) Modified on 7/31/2015 to strike notation per #34 (lhc).
July 20, 2015	Filing 29 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A: 5/5/15 Hearing Transcript)(Barnard, Thomas)
July 20, 2015	Filing 28 MOTION for Extension of Time to File Response/Reply as to #27 Supplemental MOTION to Remand to State Court by Defendant Johnson Controls Inc, Counter Claimant Johnson Controls Inc, Cross Defendant Johnson Controls Inc. (Ilkka, Jennifer)
July 10, 2015	Filing 27 Supplemental MOTION to Remand to State Court by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A = Affidavit of John Ulmer, #2 Exhibit B = Affidavit of Elko Title Corp, #3 Exhibit C = Affidavit of Gerard Alexander, #4 Exhibit D = Report of Dr. Malcolm Cohen, #5 Exhibit E = Compilation of Affidavits, #6 Exhibit F = Affidavit of Dallas Kunkle, #7 Exhibit G = Compilation of Business Certificates and Deed Info, #8 Exhibit H = April 18, 2013 Email, #9 Exhibit I = September 19, 2014 Email, #10 Exhibit J = Affidavit of Becky Hershberger, #11 Exhibit K = Affidavit of Jason Kauffman, #12 Exhibit L = December 2014 Inspection Summary, #13 Exhibit M = April 2015 Inspection Summary Follow-Up, #14 Exhibit N = January 6, 2015 Email and Attachments, #15 Exhibit O = April 22, 2015 Email and Attachments, #16 Exhibit P = June 24, 2015 Photographs, #17 Exhibit Q = June 11, 2015 Photograph, #18 Exhibit R = Affidavit of Dr. Keramida - part 1, #19 Exhibit R = Affidavit of Dr. Keramida - part 2, #20 Exhibit R = Affidavit of Dr. Keramida - part 3, #21 Exhibit R = Affidavit of Dr. Keramida - part 4)(Barnard, Thomas)
June 30, 2015	Filing 26 NOTICE of Appearance by James A Rolfes on behalf of Johnson Controls Inc (Rolfes, James)
June 30, 2015	Filing 25 ORDER granting #24 Motion for Extension of Time to File Response. Response to #21 to be filed by 8/10/2015. Approved by Magistrate Judge Christopher A Nuechterlein on 6/30/15. (slm)
June 29, 2015	Filing 24 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Remand by Defendant Johnson Controls Inc. (Hartzler, Kelly)
June 29, 2015	Filing 23 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)
June 29, 2015	Filing 22 ORDER Joint Proposed Discovery due by 7/20/2015. Rule 16 Preliminary Pretrial Conference set for 7/28/2015 11:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Magistrate Judge Christopher A Nuechterlein on 6/29/15. (slm)
June 26, 2015	Filing 21 MOTION to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)
June 17, 2015	Filing 20 NOTICE of Appearance by Edward V Walsh, III on behalf of Johnson Controls Inc (Walsh, Edward)
June 9, 2015	Filing 19 ORDER granting #17 Motion to Withdraw Pro Hac Vice Application; withdrawing #6 Application to Appear Pro Hac Vice of Attorney Robert A. Roth and for Refund. The Clerk is DIRECTED to issue a refund of the $93 pro hac vice fee. Signed by Magistrate Judge Christopher A Nuechterlein on 6/9/15. cc: Roth, Financial (mc)
June 8, 2015	Filing 18 NOTICE of Appearance by John D Ulmer on behalf of All Plaintiffs (Ulmer, John)
June 8, 2015	Filing 17 MOTION to Withdraw as Attorney Pro Hac Vice Application of Robert A. Roth and for Refund of Filing Fee by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Hartzler, Kelly)
June 5, 2015	Filing 16 NOTICE of Appearance by Jennifer L Ilkka on behalf of Johnson Controls Inc (Ilkka, Jennifer)
June 4, 2015	Filing 15 NOTICE of Appearance by Robert A Roth on behalf of Johnson Controls Inc (Roth, Robert)
June 3, 2015	Filing 14 NOTICE of Appearance by Melissa A Gardner on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Gardner, Melissa)
June 3, 2015	Filing 13 NOTICE of Appearance by Rodney L Michael, Jr on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Michael, Rodney)
June 3, 2015	Filing 12 NOTICE of Appearance by Thomas A Barnard on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Barnard, Thomas)
May 29, 2015	Filing 6 (WITHDRAWN PER DE #19 ) Application for Attorney Robert Alan Roth to Appear Pro Hac Vice on behalf of Johnson Controls Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2651639(Hartzler, Kelly) Modified on 6/9/2015 (mc).
May 29, 2015	Filing 5 NOTICE by Johnson Controls Inc re #1 Notice of Removal,, Notice of Filing of Notice of Removal in Federal Court (Hartzler, Kelly)
May 28, 2015	Filing 31 MEMORANDUM in Support of #30 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (jld)
May 28, 2015	Filing 30 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (filed in Elkhart Circuit Court on 1/14/2015) (jld)
May 28, 2015	Filing 11 STATE COURT DOCKET SHEET which was filed as exhibit #21 to de #1 used for filing dates for docket entries #7 through #10 : State Court Case No. 20C01-1405-CT-105. (mc)
May 28, 2015	Filing 3 Corporate Disclosure Statement by Johnson Controls Inc. (Hartzler, Kelly)
May 28, 2015	Filing 2 NOTICE of Appearance by Kelly J Hartzler on behalf of Johnson Controls Inc(Hartzler, Kelly) Modified on 5/28/2015 to correct party (mc).
May 28, 2015	Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-2650770.) from Elkhart Circuit Court, Cause No. 20C01-1405-CT-105, filed by Johnson Controls Inc (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C - 01, #5 Exhibit C - 02, #6 Exhibit C - 03, #7 Exhibit C - 04, #8 Exhibit C - 05, #9 Exhibit C - 06, #10 Exhibit C - 07, #11 Exhibit C - 08, #12 Exhibit C - 09, #13 Exhibit C - 10, #14 Exhibit C - 11, #15 Exhibit C - 12, #16 Exhibit D, #17 Exhibit E, #18 Exhibit F, #19 Exhibit G, #20 Exhibit H, #21 Exhibit I, #22 Exhibit J)(Hartzler, Kelly) Modified on 5/28/2015 to correct filer (mc).
May 28, 2015	Related Case Remark - Counsel has indicated on the Civil Cover Sheet that this case is related to Case No. 3:14cv1593 JD-CAN. (mc)
May 28, 2015	Judge Jon E DeGuilio and Magistrate Judge Christopher A Nuechterlein added - NEW CASE. (mc)
February 11, 2015	Filing 10 ANSWER and Affirmative Defenses to Class Action Complaint for Damages and Injunctive Relief and Request for JURY TRIAL by Johnson Controls Inc. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)
September 22, 2014	Filing 9 REPLY to #8 Johnson Control Inc's Counterclaim and Affirmative Defenses by Tocon Holdings LLC. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)
September 9, 2014	Filing 8 ANSWER to #7 Answer to Crossclaim and COUNTERCLAIM against Tocon Holdings LLC by Johnson Controls Inc. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)
August 25, 2014	Filing 7 ANSWER to Complaint and CROSSCLAIM against Johnson Controls Inc by Tocon Holdings LLC. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)
May 30, 2014	Filing 4 STATE COURT Class Action COMPLAINT for Damages and Injunctive Relief with JURY DEMAND against Johnson Controls Inc, Tocon Holdings LLC, filed by Becky Null, Amos Hostetler, Rita Chairez, Debbie Hostetler, Maria Tovar.(mc) Modified to correct filing date on 6/2/2015 (mc). (Additional attachment(s) added on 6/2/2015: #1 State Court complaint with removed double headers) (mc).

June 23, 2023

Filing 486 ORDER: The Court GRANTS Plaintiffs' motion to dismiss #485 and ORDERS that this case be DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Chief Judge Jon E DeGuilio on 6/23/2023. (mrm)

June 5, 2023

Filing 485 MOTION to Dismiss (Unopposed Motion to Dismiss With Prejudice and for Entry of Final Judgment) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

April 6, 2023

Filing 484 ORDER: Based on the #483 Joint Notice of Settlement in Principle, the Court VACATES the Final Pretrial Conference currently scheduled for 5/31/2023 and VACATES the Jury Trial currently scheduled for 7/31/2023 and all trial-related deadlines. The Court SETS the deadline for filing dismissal papers for 7/10/2023. The #476 and #477 Motions in Limine are DENIED as moot. Text only entry by Chief Judge Jon E DeGuilio on 4/6/2023. (jss)

April 6, 2023

Filing 483 NOTICE of Settlement in Principle by Johnson Controls Inc (Hartzler, Kelly)

March 9, 2023

Filing 482 NOTICE of Hearing: The Final Pretrial Conference currently set for 6/8/2023 is RESET to 5/31/2023 at 01:30 PM (CENTRAL TIME) and will be held in Courtroom 1 on the Fourth Floor at the Federal Courthouse in Hammond, Indiana before Chief Judge Jon E DeGuilio. The Jury Trial currently scheduled for 7/31/2023 will be held in the first floor courtroom at the Grant Federal Building in South Bend, Indiana.(jss)

January 23, 2023

Filing 481 REPLY to Response to Motion re #477 MOTION in Limine (Defendant Johnson Controls, Inc.'s Reply in Support of Motion in Limine) filed by Johnson Controls Inc. (Attachments: #1 Appendix A, #2 Exhibit A: Diesel Exhaust and Cancer Risk, #3 Exhibit B: NCI - Diet, #4 Exhibit C: NCI - Sunlight)(Hall PHV, Thomas)

January 23, 2023

Filing 480 REPLY to Response to Motion re #476 MOTION in Limine to Exclude Certain Testimony filed by Rita Chairez, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. Garrit v. O'Brien Minute Entry Mar. 30, 2022)(Barnard, Thomas)

January 5, 2023

Filing 479 RESPONSE to Motion re #477 MOTION in Limine (Plaintiffs' Response to JCI's Motion in Limine) filed by Rita Chairez, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Ex. #1. Rita Chairez's Responses to JCI's 1st Set of INTs, #3 Ex. #2. Maria Tovar's Responses to JCI's 1st Set of INTs, #4 Ex. #3. Becky Null's Responses to JCI's 1st Set of INTs, #5 Ex. #4. Rita Chairez's Responses to JCI's 4th Set of INTs, #6 Ex. #5. Maria Tovar's Responses to JCI's 4th Set of INTs, #7 Ex. #6. Becky Null's Responses to JCI's 4th Set of INTs, #8 Ex. #7. Chernaik Affidavit, Greene v. Will, #9 Ex. #8. Supp.GW Investigation Rpt. Badger Facility (Oct. 2001), #10 Ex. #9. WDNR Letter (2002-04-25), #11 Ex. #10. JCI 30(B)(6) Dep. (2022-11-16), #12 Ex. #11. City of Milwaukee Letter (2003-02-03), #13 Ex. #12. WDNR Letter (2003-05-22), #14 Ex. #13. JCI Response to WDNR Comments (2003-06-17), #15 Ex. #14. EarthTech Email 2003-07-21, #16 Ex. #15. ATSDR Health Consultation Badger 2003-09-30, #17 Ex. #16. JCI Letter to IDEM 2003-05-28, #18 Ex. #17. ERM Email 2003-10-17, #19 Ex. #18. JCI 30(B)(6) Dep. (2022-11-17), #20 Ex. #19. JCI Letter 2003-11-03, #21 Ex. #20. JCI Badger Chart, #22 Ex. #21. EarthTech Letter (2003-01-29), #23 Ex. #22. EarthTech Work Plan (2003-04-17), #24 Ex. #23. 2017 GZA 1st Semiannual Report, #25 Ex. #24. EPA Action Memorandum (2016-07-15 ), #26 Ex. #25. EPA PolRep #7, #27 Ex. #26. Email String Between Werwie & Troup (04.13.2014), #28 Ex. #27. David Troup Email to Bernard Fenelon (05.28.2014), #29 Ex. #28. Bernard Fenelon Email to David Troup (05.28.2014), #30 Ex. #29. David Troup Email to Jeff Werwie (05.28.2014), #31 Ex. #30. Emails Between Mills, Adkins, & Swift (06.05.2014), #32 Ex. #31. Troup Deposition 2016-10-05, #33 Ex. #32. Werwie Email to Troup 12.03.2014, #34 Ex. #33. Troup Email to Werwie 12.10.2014, #35 Ex. #34 Werwie email to Hershberger (2012-03-05), #36 Ex. #35. Goshen News Article)(Barnard, Thomas)

January 5, 2023

Filing 478 RESPONSE to Motion re #476 MOTION in Limine to Exclude Certain Testimony filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2015 Tovar Depo transcript (excerpt), #2 Exhibit B - Plaintiffs' Objections to JCI's Fourth Set of Document Requests, #3 Exhibit C - Schmucker trial transcript (excerpt))(Hall PHV, Thomas)

December 8, 2022

Filing 477 MOTION in Limine by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Torry--Chairez Report, #3 Exhibit B - Torry--Null Report, #4 Exhibit C - Torry--Tovar Report, #5 Exhibit D - Torry Dep. Tr., #6 Exhibit E - JCI's First Set of Interrogatories, #7 Exhibit F - Null's 2015 Interrogatory Responses, #8 Exhibit G - Tovar's 2015 Interrogatory Responses, #9 Exhibit H - Chairez's 2015 Interrogatory Responses, #10 Exhibit I - JCI's Fourth Set of Interrogatories, #11 Exhibit J - Null's 2017 Interrogatory Responses, #12 Exhibit K - Tovar's 2017 Interrogatory Responses, #13 Exhibit L - Tovar 2017 Dep. Tr., #14 Exhibit M - Chairez's 2017 Interrogatory Responses, #15 Exhibit N - Null 2015 Dep. Tr., #16 Exhibit O - Chairez 2015 Dep. Tr., #17 Exhibit P - Chairez 2017 Dep. Tr., #18 Exhibit Q - Rod Michael Aff., #19 Exhibit R - GZA Letter to Tovar, #20 Exhibit S - Tovar 2015 Dep. Tr., #21 Exhibit T - Elko Title Aff., #22 Exhibit U - Plaintiffs' 2nd Supplemental Disclosures, #23 Exhibit V - Plaintiffs' Initial Disclosures, #24 Exhibit W - Null's 2019 Interrogatory Responses, #25 Exhibit X - Tovar's 2019 Interrogatory Responses, #26 Exhibit Y - Chairez's 2019 Interrogatory Responses, #27 Exhibit Z - 2003 IDEM Letter, #28 Exhibit AA - JCI Rule 30(b)(6) Dep. Tr., #29 Exhibit BB - Ryan Dep. Tr., #30 Exhibit CC - Robertson Dep. Tr., #31 Exhibit DD - Dep. Ex. 937, #32 Exhibit EE - Williams Dep. Tr., #33 Exhibit FF - May 2003 JCI Letter, #34 Exhibit GG - Schmucker Post-Trial Opinion, #35 Exhibit HH - Nov. 2003 JCI Letter, #36 Exhibit II - 2012 VI Report, #37 Exhibit JJ - Null 2017 Dep. Tr.)(Hall PHV, Thomas)

December 8, 2022

Filing 476 MOTION in Limine to Exclude Certain Testimony by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1- Excerpts of May 20, 2015 Deposition of Rita Chairez, #3 Exhibit 2- Excerpts of May 20, 2015 Deposition of Maria Tovar, #4 Exhibit 3- Excerpts of Sept. 11, 2017 Expert Report of Dr. Helen Dawson, #5 Exhibit 4- Excerpts of Nov. 29, 2017 Deposition of Dr. Helen Dawson, #6 Exhibit 5- Excerpts of Mar. 3, 2017 Deposition of Jeff Werwie)(Barnard, Thomas)

November 30, 2022

Filing 475 ORDER : The Court finds that good cause exists for additional pages and GRANTS Defendants motion (DE #472 ). Each side may have up to 35 pages for opening and responsive briefs, and 20 pages for reply briefs in connection with briefing motions in limine. As agreed by the parties, the Court also modifies response and reply deadlines for motions in limine: 1/5/2023, for responses; and 1/23/2023, for replies. Signed by Chief Judge Jon E DeGuilio on 11/30/2022. (jss)

November 2, 2022

Filing 474 SUPPLEMENT to #472 MOTION (Unopposed) for Enlarged Briefs in Support of Motions In Limine filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Tr. of June 9, 2022 Conference)(Hall PHV, Thomas)

October 28, 2022

Filing 473 ORDER: The Court ORDERS Defendant to supplement its motion by identifying the main issues it intends to present in its motion in limine so the Court can determine whether good cause exists for allowing additional pages. The supplemental brief shall be due on 11/3/2022. Signed by Chief Judge Jon E DeGuilio on 10/28/2022. (mrm)

October 17, 2022

Filing 472 MOTION (Unopposed) for Enlarged Briefs in Support of Motions In Limine by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

September 9, 2022

Filing 471 TRANSCRIPT of Telephone Conference, held on June 9, 2022, before Chief Judge Jon E DeGuilio. Court Reporter Angela Phipps, Telephone 219-852-3616, E-mail angela_phipps@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 9/20/2022. Redaction Request due 9/30/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/8/2022. (ap)

August 29, 2022

Filing 470 STATUS REPORT (Amended) by Rita Chairez, Becky Null, Maria Tovar. (Barnard, Thomas)

August 8, 2022

Filing 469 STATUS REPORT by Rita Chairez, Becky Null, Maria Tovar. (Barnard, Thomas)

June 9, 2022

Filing 468 SCHEDULING, PRETRIAL CONFERENCE AND TRIAL ORDER. Signed by Chief Judge Jon E DeGuilio on 6/9/2022. (jss)

June 9, 2022

Filing 467 TELEPHONE CONFERENCE held on 6/9/2022 before Chief Judge Jon E DeGuilio. Pla appeared by atty Thomas Barnard, Rod Michael. Dft appeared by atty Kelly Hartzler, Tom Hall. Court inquires whether parties are amendable to settlement conference before Magistrate Judge. Pla amenable; dft will confer with client but does not believe it would be productive. Parties are encourage to continue mediation and parties agree on trial dates. Jury Trial set for 7/31/2023 at 09:30 AM (EDT) and the Final Pretrial Conference set for 6/8/2023 at 01:30 PM (EDT) in US District Court - South Bend before Chief Judge Jon E DeGuilio. Parties anticipate a total of 10-12 trial days. Court to issue order controlling trial. Discussion held regarding motions in liminie, Parties to file status report regarding experts, claims remaining and types of damages as well as if injunctive relief is still being sought within 60 days. (Court Reporter Angela Phipps.) (jss)

May 20, 2022

Filing 466 NOTICE of Hearing: A Telephonic Status Conference is SET for 6/9/2022 at 11:00 AM (EDT) before Chief Judge Jon E DeGuilio. Attorneys are DIRECTED to dial 877-336-1839 and enter access code 2977155# at least 5 minutes prior to the conference(jss)

May 19, 2022

Filing 465 STATUS REPORT (Joint Status Report on Mediation) by Johnson Controls Inc. (Hall PHV, Thomas)

April 22, 2022

Filing 464 ORDER: The parties reported to the Court that the mediation held on 4/20/2022 was unsuccessful, however the parties will continue mediation in order to come to a resolution. The Court ORDERS the parties to file a status report on mediation by 6/21/2022. Text only entry by Chief Judge Jon E DeGuilio on 4/22/2022. (jss)

April 19, 2022

Filing 463 ORDER granting #462 Motion to Withdraw as Attorney. Attorney John D Ulmer terminated. Text only entry by Chief Judge Jon E DeGuilio on 4/19/2022. (jss)

April 19, 2022

Filing 462 MOTION to Withdraw as Attorney by Attorney John D. Ulmer by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 18, 2022

Filing 461 TELEPHONE CONFERENCE held on 1/18/2022 before Chief Judge Jon E DeGuilio. Pla appeared by attys Rodney Michael, Thomas Barnard. Dft appeared by attys Lauren Lee, Thomas Hall, Kelly Hartzler. Parties advise the Court that they are in the process of scheduling mediation, most likely for March. The parties are to report to the court after mediation on the status, and if necessary the Court will schedule a Telephone Conference to set a trial date (Court Reporter Ashley Stokes.) (jss) Modified on 1/19/2022 (kms).

December 23, 2021

Filing 460 NOTICE of Hearing: A Telephonic Status Conference is SET for 1/18/2022 at 04:30 PM (EST) in US District Court - South Bend before Chief Judge Jon E DeGuilio. Attorneys are directed to dial 877-336-1839 and enter access code 2977155# at least 5 minutes prior to the hearing.(jss) Modified on 12/23/2021 (jss).

November 2, 2021

Filing 459 OPINION AND ORDER: The Court DENIES Plaintiffs' motion for partial summary judgment #413 ; GRANTS IN PART AND DENIES IN PART JCI's motion for summary judgment on Plaintiffs' common law claims #420 . As a result, only the trespass and nuisance claims, arising out of the alleged cVOC vapor intrusion in the homes of Ms. Chairez, Ms. Tovar, and Ms. Null, remain for trial. Plaintiffs may not recover damages for emotional distress for fear of future illness as a result of cVOC vapor exposure. Signed by Chief Judge Jon E DeGuilio on 11/2/2021. (lhc) Modified on 11/3/2021 cc Tocon Holdings LLC and Duffin (lhc).

October 1, 2021

Filing 458 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Elissa P. Benedek, M.D., FACPsych In Support of Johnson Controls, Inc.'s Motion for Summary Judgment) by Johnson Controls Inc. (Attachments: #1 Exhibit A - Maria Tovar Report (redacted), #2 Exhibit B - Rita Chairez Report (redacted), #3 Exhibit C - Becky Null Report (redacted), #4 Exhibit D - Amos Hostetler Report (redacted), #5 Exhibit E - Deborah Hostetler Report (redacted))(Hall PHV, Thomas)

September 30, 2021

Filing 457 OPINION AND ORDER: The Court GRANTS IN PART Plaintiff's motion to strike #438 ; GRANTS JCI's motion to strike #442 ; DENIES AS MOOT JCI's motion to strike #449 ; GRANTS JCI's motion for summary judgment on Plaintiff's ELA claims #417 . The Court will be issuing a separate order on the parties' motions for common law claims. Signed by Chief Judge Jon E DeGuilio on 9/30/2021. (jss) (copy mailed to pro se parties

September 29, 2021

Filing 456 ORDER: The Court finds that, while the unredacted reports should be filed under seal, the Plaintiff's redacted versions should be filed publicly. The Court DIRECTS the Clerk to term the two motions DE #411 & #431 . Signed by Chief Judge Jon E DeGuilio on 9/29/2021. (jss)

April 30, 2021

Filing 455 NOTICE by Johnson Controls Inc re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) RE: JCI's Notice of Corrections to Summary Judgment Record (Attachments: #1 Exhibit A - Corrected Ex. JCI-70)(Hall PHV, Thomas)

April 29, 2021

Filing 454 Corporate Disclosure Statement by Johnson Controls Inc identifying Corporate Parent Johnson Controls International plc for Johnson Controls Inc.. (Hall PHV, Thomas)

April 5, 2021

Filing 453 REPLY to Response to Motion re #449 MOTION to Strike Portions of Plaintiffs' Statements of Genuine Dispute and Oppositions to Johnson Controls, Inc.'s Motions for Summary Judgment filed by Johnson Controls Inc. (Hall PHV, Thomas)

March 29, 2021

Filing 452 RESPONSE to Motion re #449 MOTION to Strike Portions of Plaintiffs' Statements of Genuine Dispute and Oppositions to Johnson Controls, Inc.'s Motions for Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

March 15, 2021

Filing 451 REPLY to Response to Motion re #438 MOTION to Strike Plaintiffs' Motion to Strike JCI's Summary Judgment Exhibit 48 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

March 15, 2021

Filing 450 REPLY to Response to Motion re #413 MOTION for Partial Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

March 15, 2021

Filing 449 MOTION to Strike Portions of Plaintiffs' Statements of Genuine Dispute and Oppositions to Johnson Controls, Inc.'s Motions for Summary Judgment by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - 2015 Keramida Tr.)(Hall PHV, Thomas)

March 15, 2021

Filing 448 REPLY to Response to Motion re #442 MOTION to Strike Portions of Plaintiffs' Local Rule 56-1 Statement and Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - JCI Dep Ex. 408, #2 Exhibit B - 2019 Keramida Tr.)(Hall PHV, Thomas)

March 15, 2021

Filing 447 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Reply Declaration of Thomas J. Hall in Further Support of Johnson Controls, Inc.'s Motions for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 319 - Keramida Invoices (STE DX H-7), #3 Exhibit 320 - 2015 Keramida Tr., #4 Exhibit 321 - 2015 Null Tr., #5 Exhibit 322 - 2015 D.Hostetler Tr., #6 Exhibit 323 - 2019 Rechtin Tr., #7 Exhibit 324 - 2019 Giddens Tr., #8 Exhibit 325 - Tocon Rule 2004 Tr., #9 Exhibit 326 - 2016 Werwie Tr., #10 Exhibit 327 - 2020 Hutsell Tr.)(Hall PHV, Thomas)

March 15, 2021

Filing 446 REPLY to Response to Motion re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims filed by Johnson Controls Inc. (Hall PHV, Thomas)

March 15, 2021

Filing 445 REPLY to Response to Motion re #417 MOTION for Summary Judgment on Count IV (ELA Claim) filed by Johnson Controls Inc. (Hall PHV, Thomas)

March 8, 2021

Filing 444 RESPONSE to Motion re #438 MOTION to Strike Plaintiffs' Motion to Strike JCI's Summary Judgment Exhibit 48 filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Sept. 2020 Letter, #3 Exhibit B - March 2019 Letter, #4 Exhibit C - Second 2018 Semiannual, #5 Exhibit D - May 2019 Letter, #6 Exhibit E - 2019 Vapor Sampling Tables, #7 Exhibit F - August 2019 Email, #8 Exhibit G - Spaeth Dep Tr., #9 Exhibit H - Fenelon Dep. Tr., #10 Exhibit I - Keramida Dep. Tr.)(Hall PHV, Thomas)

March 8, 2021

Filing 443 RESPONSE to Motion re #442 MOTION to Strike Portions of Plaintiffs' Local Rule 56-1 Statement and Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 Vasiliki Keramida Deposition 2017-11-02 [Excerpts], #2 Exhibit 2 Vasiliki Keramida Deposition 2019-09-02 [Excerpts], #3 Exhibit 3 Vasiliki Keramida Deposition 2015-05-12 [Excerpts], #4 Exhibit 4 IDEM Comment Letter 2018-10-30)(Barnard, Thomas)

February 22, 2021

Filing 442 MOTION to Strike Portions of Plaintiffs' Local Rule 56-1 Statement and Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

February 22, 2021

Filing 441 AFFIDAVIT in Opposition re #413 MOTION for Partial Summary Judgment (Declaration of Thomas J. Hall in Opposition to Plaintiffs Motion for Partial Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI-274 - USEPA Toxicological Review of TCE, #3 Exhibit JCI-275 - 2019 Fedoruk Dep., #4 Exhibit JCI-276 - USEPA Risk Evaluation for TCE, #5 Exhibit JCI-277 - USEPA Meeting Minutes, #6 Exhibit JCI-278 - 2017 Fedoruk Dep., #7 Exhibit JCI-279 - IARC on Monographs on PCE, #8 Exhibit JCI-280 - 2021 Kintigh Dep., #9 Exhibit JCI-281 - 2021 McCann Dep., #10 Exhibit JCI-282 - 2021 Fenelon Dep., #11 Exhibit JCI-283 - 2015 D. Hostetler Dep., #12 Exhibit JCI-284 - 2015 A. Hostetler Dep., #13 Exhibit JCI-285 - Vapor Mitigation Checklist, #14 Exhibit JCI-286 - Fenelon Schmucker Trial Testimony, #15 Exhibit JCI-287 - Photo of Label, #16 Exhibit JCI-288 - 2019 Dawson Dep., #17 Exhibit JCI-289 - EPA 2015 Guidance, #18 Exhibit JCI-290 - IDEM Remediation Closure Guide, #19 Exhibit JCI-291 - 2019 Rechtin Dep., #20 Exhibit JCI-292 - 2019 Giddens Dep., #21 Exhibit JCI-293 - 2019 Swift Dep., #22 Exhibit JCI-294 - 2016 Werwie Dep., #23 Exhibit JCI-295 - 2016 Troup Dep, #24 Exhibit JCI-296 - 2019 Swift Dep., #25 Exhibit JCI-297 - Keramida photos, #26 Exhibit JCI-298 - Taft photos, #27 Exhibit JCI-299 - 2019 Stepanek Dep., #28 Exhibit JCI-300 - 6/19/2014 C. Anderson email, #29 Exhibit JCI-301 - 6/5/2014 C. Anderson email, #30 Exhibit JCI-302 - 2015 Keramida Dep., #31 Exhibit JCI-303 - 2016 Clevenger Dep, #32 Exhibit JCI-304 - 2016 Bankruptcy Tr., #33 Exhibit JCI-305 - 2016 Fenelon Dep., #34 Exhibit JCI-306 - 2021 Anderson Dep., #35 Exhibit JCI-307 - 2017 A. Hostetler Dep., #36 Exhibit JCI-308 - 2017 D. Hostetler Dep., #37 Exhibit JCI-309 - 2017 Chairez Dep., #38 Exhibit JCI-310 - 2015 Chairez Dep., #39 Exhibit JCI-311 - 2017 Null Dep., #40 Exhibit JCI-312 - 2017 Tovar Dep., #41 Exhibit JCI-313 - 2019 Dawson Dep., #42 Exhibit JCI-314 - 12/14/2020 S. McKinley email, #43 Exhibit JCI-315 - 2021 Steadham Dep., #44 Exhibit JCI-316 - 2019 Spaeth Dep., #45 Exhibit JCI-317 - 1996 Law, #46 Exhibit JCI-318 - 1997 Law)(Hall PHV, Thomas)

February 22, 2021

Filing 440 STATEMENT (Johnson Controls, Inc.'s Local Rule 56-1 Statement of Genuine Disputes and Response to Plaintiffs' Local Rule 56-1 Statement of Undisputed Material Facts) re #415 Appendix,,,,,,,,,,,,,,,,,,,,,, filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 22, 2021

Filing 439 RESPONSE to Motion re #413 MOTION for Partial Summary Judgment filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 22, 2021

Filing 438 MOTION to Strike Plaintiffs' Motion to Strike JCI's Summary Judgment Exhibit 48 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 22, 2021

Filing 437 AFFIDAVIT re #435 Response to Motion, #433 Response to Motion, Declaration of Thomas A. Barnard in Support of Plaintiffs' Opposition to JCI's Motions for Summary Judgment by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 78. 2015-02-16 - JCI - First Set of Interrogatories to A. & D. Hostetler, #3 Exhibit 79. JCI Dep. Exhibit 3 (05-12-2015) - Keramida Invoices, #4 Exhibit 80. Keramida Invoices for Feb. 2016 (KERA030830), #5 Exhibit 81. Keramida Mar. 2017 Schmucker Opinion (JCI Dep. Ex. 408), #6 Exhibit 82. 2019-02-15 Letter from T. Barnard to T. Hall, #7 Exhibit 83. 2019-05-03 JCI Email Transmitting Expert Materials, #8 Exhibit 84. Keramida Vasiliki 9-2-2019 (Hostetler), #9 Exhibit 85. Keramida Vasiliki 9-2-2019 (Schmucker), #10 Exhibit 86. IDEM Rule 30(b)(6) Deposition of Donald Stilz (12.07.2016), #11 Exhibit 87. GZA Email 2010-04-29, #12 Exhibit 88. Letter from IDEM to JCI (05.09.2003), #13 Exhibit 89. V. Keramida Schmucker Trial Testimony (2019-12-09), #14 Exhibit 90. M. McCann Schmucker Trial Testimony (2019-12-11), #15 Exhibit 91. H. Dawson Schmucker Trial Testimony (2019-12-11), #16 Exhibit 92. USEPA Region 10 Memo (12.13.2012), #17 Exhibit 93. L. Steadham Dep. (Excerpt), #18 Exhibit 94. GZA 1st 2019 Semiannual Report (2019-08-09), #19 Exhibit 95. GZA 1st 2018 Semiannual Report (2018-06-25), #20 Exhibit 96. Asbestos Abatement Bid (2011) Delta, #21 Exhibit 97. 1213 Egbert Property Record Card, #22 Exhibit 98. Tony Adkins Deposition (2015-12-03), #23 Exhibit 99. Email from Jeff Werwie (2009-07-27), #24 Exhibit 100. Mark Brinson Dep. Excerpts (2020-10-06), #25 Exhibit 101. John Clevenger Bankruptcy Testimony (2015-12-16), #26 Exhibit 102. NULL000297 B. Null Property Tax Records, #27 Exhibit 103. B. Null 2015 Deposition, #28 Exhibit 104. Letter re Elkhart County Well Ordinance 2018-09-04)(Barnard, Thomas)

February 22, 2021

Filing 436 APPENDIX to #435 Response to Motion, Plaintiffs' Appendix & Statement of Disputed Facts in Opposition to JCI's Motion for Summary Judgment (Common Law Claims) by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 22, 2021

Filing 435 RESPONSE to Motion re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims Plaintiffs' Brief in Opposition to JCI's Motion for Summary Judgment (Common Law Claims) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 22, 2021

Filing 434 APPENDIX to #433 Response to Motion, Plaintiffs' Appendix & Statement of Disputed Facts in Opposition to JCI's Motion for Summary Judgment (ELA Claims) by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 22, 2021

Filing 433 RESPONSE to Motion re #417 MOTION for Summary Judgment on Count IV (ELA Claim) Plaintiffs' Brief in Opposition to JCI's Motion for Summary Judgment (ELA Claim) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 21, 2021

Filing 432 RESPONSE to Motion re #431 MOTION to Publicly File Copies of Dr. Elissa Benedek's Expert Reports With Limited Redaction (Response and Plaintiffs' Counter-Motion to File Copies of Dr. Benedek's Expert Reports with Slightly More Redactions) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 20, 2021

Filing 431 MOTION to Publicly File Copies of Dr. Elissa Benedek's Expert Reports With Limited Redaction by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

January 7, 2021

Filing 430 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Peter Zeeb, Ph.D. in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 6/2/2017 Report)(Hall PHV, Thomas)

January 7, 2021

Filing 429 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Gabor Mezei, M.D., Ph.D. in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 4/30/2019 Report, #2 Exhibit B - Updated CV)(Hall PHV, Thomas)

January 7, 2021

Filing 428 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Ellen T. Chang, Sc.D in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 5/3/2019 Report, #2 Exhibit B - 7/23/2019 Rebuttal Report)(Hall PHV, Thomas)

January 7, 2021

Filing 427 AFFIDAVIT in Support re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims, #417 MOTION for Summary Judgment on Count IV (ELA Claim) (Declaration of Marion J. Fedoruk, MD, CIH, DABT, FACMT, FACOEM in Support of Johnson Controls, Inc.s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 5/3/2019 Report, #2 Exhibit B - 5/14/2019, #3 Exhibit C - 7/24/2019)(Hall PHV, Thomas)

January 7, 2021

Filing 426 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Helen Dawson, Ph.D. in Support of Johnson Controls, Inc.'s Motion for Summary Judgment) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 5/3/2019 Report, #2 Exhibit B - 5/9/2019 Report, #3 Exhibit C - Corrected Figures 10 and 13, #4 Exhibit D - 10/15/2019 Report, #5 Exhibit E - 9/11/2017 Report, #6 Exhibit F - 11/24/2017 Report)(Hall PHV, Thomas)

January 7, 2021

Filing 425 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Thomas J. Hall in Support of Johnson Controls, Inc.s Motions for Summary Judgment -- Part III of III) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI-200_DX 810, #3 Exhibit JCI-201_DX 974, #4 Exhibit JCI-202_JX 24, #5 Exhibit JCI-203_PX 187, #6 Exhibit JCI-204_DX 831, #7 Exhibit JCI-205_DX 901, #8 Exhibit JCI-206_DX 1001, #9 Exhibit JCI-207_Anderson Email, #10 Exhibit JCI-208_Nov. Swift Dep., #11 Exhibit JCI-209_DX 976, #12 Exhibit JCI210PX 190, #13 Exhibit JCI-211_Fenelon Email, #14 Exhibit JCI-212_Weingart Dep., #15 Exhibit JCI-213_Inspection Summary, #16 Exhibit JCI-214_PX 623, #17 Exhibit JCI-215_DX 852, #18 Exhibit JCI-216_DX 849, #19 Exhibit JCI-217_DX 850, #20 Exhibit JCI-218_PX 128, #21 Exhibit JCI-219_DX 923A, #22 Exhibit JCI-220_DX 923B, #23 Exhibit JCI-221_DX 923C, #24 Exhibit JCI-222_Houser Email, #25 Exhibit JCI-223_DX 923D, #26 Exhibit JCI-224_3/30 Email, #27 Exhibit JCI-225_Anderson Email, #28 Exhibit 2JCI-226_ECHD Complaint, #29 Exhibit JCI-227_DX 818, #30 Exhibit JCI-228_Photograph, #31 Exhibit JCI-229_DX 923E, #32 Exhibit JCI-230_DX 185, #33 Exhibit JCI-231_DX 825, #34 Exhibit JCI-232_Demo Checklist, #35 Exhibit JCI-233_DX 923F, #36 Exhibit JCI-234_DX 923G, #37 Exhibit JCI-235_DX 923H, #38 Exhibit JCI-236_MTD Order, #39 Exhibit JCI-237_DX 923I, #40 Exhibit JCI-238_4/23 Email, #41 Exhibit JCI-239_DX 923J, #42 Exhibit JCI-240_DX 923K, #43 Exhibit JCI-241_DX 923L, #44 Exhibit JCI-242_DX 829, #45 Exhibit JCI-243_DX 73, #46 Exhibit JCI-244_DX 804, #47 Exhibit JCI-245_DX 74, #48 Exhibit JCI-246_4/15 Email, #49 Exhibit JCI-247_DX 903, #50 Exhibit JCI-248_DX 58, #51 Exhibit JCI-249_DX 968, #52 Exhibit JCI-250_DX 805, #53 Exhibit JCI-251_DX 60, #54 Exhibit JCI-252_7/21 Email, #55 Exhibit JCI-253_DX 807, #56 Exhibit JCI-254_DX 848, #57 Exhibit JCI-255_11/26 Email, #58 Exhibit JCI-256_DX 813, #59 Exhibit JCI-257_Inspection Summary Ltr., #60 Exhibit JCI-258_DX 923M, #61 Exhibit JCI-259_Bankr. Order, #62 Exhibit JCI-260_Bankr. Hearing, #63 Exhibit JCI-261_2/23 Bankr. Hearing, #64 Exhibit JCI-262_2016 Weingart Dep., #65 Exhibit JCI-263_Spaeth Dep., #66 Exhibit JCI-264_2017 Chairez Dep., #67 Exhibit JCI-265_2017 Null Dep., #68 Exhibit JCI-266_2017 A. Hostetler Dep., #69 Exhibit JCI-267_2017 D. Hostetler Dep., #70 Exhibit JCI-268_Torry Chairez Rpt., #71 Exhibit JCI-269_Torry Null Rpt., #72 Exhibit JCI-270_Torry Tovar Rpt., #73 Exhibit JCI-271_Orris Dep., #74 Exhibit JCI-272_Fedoruk Dep., #75 Exhibit JCI-273_PX 47)(Hall PHV, Thomas)

January 6, 2021

Filing 424 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Thomas J. Hall in Support of Johnson Controls, Inc.s Motions for Summary Judgment -- Part II of III) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI-100_DX I, #3 Exhibit JCI-101_DX I-5, #4 Exhibit JCI-102_JX 6, #5 Exhibit JCI-103_JX 3, #6 Exhibit JCI-104_DX F, #7 Exhibit JCI-105_JX 5, #8 Exhibit JCI-106_JX 4, #9 Exhibit JCI-107_2020 GZA Ltr., #10 Exhibit JCI-108_DX V-2, #11 Exhibit JCI-109_2019 Suppl. Rpt., #12 Exhibit JCI-110_JX 32, #13 Exhibit JCI-111_Drummond Rpt., #14 Exhibit JCI-112_JX 11, #15 Exhibit JCI-113_JX 9, #16 Exhibit JCI-114_Vapor Remedy, #17 Exhibit JCI-115_DX B-2, #18 Exhibit JCI-116_PCE Tox. Profile, #19 Exhibit JCI-117_PX 449, #20 Exhibit JCI-118_TCE Products, #21 Exhibit JCI-119_PCE Products, #22 Exhibit JCI-120_Ryan Dep., #23 Exhibit JCI-121_JX 10, #24 Exhibit JCI-122_DX G-11, #25 Exhibit JCI-123_DX O-1, #26 Exhibit JCI-124_Chang Dep., #27 Exhibit JCI-125_PX 169, #28 Exhibit JCI-126_PX 207, #29 Exhibit JCI-127_DX K-1, #30 Exhibit JCI-128_JX 25, #31 Exhibit JCI-129_JX 12, #32 Exhibit JCI-130_JX 43, #33 Exhibit JCI-131_JX30, #34 Exhibit JCI-132_JX35, #35 Exhibit JCI-133_Hulewicz Dep., #36 Exhibit JCI-134_Amos Ltr., #37 Exhibit JCI-135_Chairez Jurisdiction, #38 Exhibit JCI-136_2017 Tovar Dep., #39 Exhibit JCI-137_2017 Null Dep., #40 Exhibit JCI-138_Null Property, #41 Exhibit JCI-139_Null Jurisdiction, #42 Exhibit JCI-140_Indemn. Agreement, #43 Exhibit JCI-141_Werwie Dep., #44 Exhibit JCI-142_Asbestos Survey, #45 Exhibit JCI-143_Troup Dep., #46 Exhibit JCI-144_Werwie Email, #47 Exhibit JCI-145_Adkins Rule 2004 Dep., #48 Exhibit JCI-146_Rechtin Rpt., #49 Exhibit JCI-147_Carter Dep., #50 Exhibit JCI-148_Houser Dep., #51 Exhibit JCI-149_PX 282, #52 Exhibit JCI-150_Hutsell Dep., #53 Exhibit JCI-151_Houser Email, #54 Exhibit JCI-152_DX 861, #55 Exhibit JCI-153_Stout Figure, #56 Exhibit JCI-154_EPA Memo, #57 Exhibit JCI-155_Rechtin Dep., #58 Exhibit JCI-156_DX 805, #59 Exhibit JCI-157_PX 186, #60 Exhibit JCI-158_PX 188, #61 Exhibit JCI-159_DX 189, #62 Exhibit JCI-160_Stepanek Rpt., #63 Exhibit JCI-161_Giddens Dep., #64 Exhibit JCI-162_Mezei Dep., #65 Exhibit JCI-163_PX 581, #66 Exhibit JCI-164_List of Chemicals, #67 Exhibit JCI-165_PX 572, #68 Exhibit JCI-166_News Articles, #69 Exhibit JCI-167_Null Ltr., #70 Exhibit JCI-168_Pinnyei Complaint, #71 Exhibit JCI-169_Pinnyei Dismissal, #72 Exhibit JCI-170_Osborne Dep., #73 Exhibit JCI-171_Swift Dep., #74 Exhibit JCI-172_PX 278, #75 Exhibit JCI-173_DX 975, #76 Exhibit JCI-74_DX 840, #77 Exhibit JCI-175_DX 183, #78 Exhibit JCI-176_DX 821, #79 Exhibit JCI-177_PX 275, #80 Exhibit JCI-178_2012 Werwie Email, #81 Exhibit JCI-179_DX 820, #82 Exhibit JCI-180_PX 49, #83 Exhibit JCI-181_Satkus Email, #84 Exhibit JCI-182_DX 826, #85 Exhibit JCI-183_Houser Email, #86 Exhibit JCI-184_4/13 Werwie Email, #87 Exhibit JCI-185_2013 Werwie Email, #88 Exhibit JCI-186_Clevenger Email, #89 Exhibit JCI-187_Demo Notification, #90 Exhibit JCI-188_DX 925, #91 Exhibit JCI-189_8/15 Werwie Email, #92 Exhibit JCI-190_2013 Demo Notification, #93 Exhibit JCI-191_DX 927, #94 Exhibit JCI-192_Brinson Dep., #95 Exhibit JCI-193_DX 828, #96 Exhibit JCI-194_DX 930, #97 Exhibit JCI-195_Hazinski Dep., #98 Exhibit JCI-196_DX 155, #99 Exhibit JCI-197_9/16 Werwie Email, #100 Exhibit JCI-198_DX 800, #101 Exhibit JCI-199_DX 998)(Hall PHV, Thomas)

January 6, 2021

Filing 423 AFFIDAVIT in Support re #417 MOTION for Summary Judgment on Count IV (ELA Claim), #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims (Declaration of Thomas J. Hall in Support of Johnson Controls, Inc.s Motions for Summary Judgment -- Part I of III) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit JCI1_Null Interrogatories, #3 Exhibit JCI2_Tovar Interrogatories, #4 Exhibit JCI3_Chairez Interrogatories, #5 Exhibit JCI4_Hostetlers Interrogatories, #6 Exhibit JCI5_Chairez Suppl. Interrogatories, #7 Exhibit JCI6_Amos Suppl. Interrogatories, #8 Exhibit JCI7_Debbie Suppl. Interrogatories, #9 Exhibit JCI8_Null Suppl. Interrogatories, #10 Exhibit JCI9_Tovar Suppl. Interrogatories, #11 Exhibit JCI10_Plaintiffs' Third Interrogatories, #12 Exhibit JCI11_Null RFP, #13 Exhibit JCI12_Tovar RFP, #14 Exhibit JCI13_Chairez RFP, #15 Exhibit JCI14_Hostetlers RFP, #16 Exhibit JCI15_Plaintiffs' Fourth RFP, #17 Exhibit JCI16_Plaintiffs' Disclosures, #18 Exhibit JCI17_Plaintiffs' Suppl. Disclosures, #19 Exhibit JCI18_Plaintiffs' 2nd Suppl. Disclosures, #20 Exhibit JCI19_2015 Chairez Dep., #21 Exhibit JCI20_2015 A. Hostetler Dep., #22 Exhibit JCI21_2015 D. Hostetler Dep., #23 Exhibit JCI22_2015 Tovar Dep., #24 Exhibit JCI23_2015 Keramida Dep., #25 Exhibit JCI24_2019 Keramida Dep., #26 Exhibit JCI25_DX 5, #27 Exhibit JCI26_DX 154, #28 Exhibit JCI27_PX 63, #29 Exhibit JCI28_PX 244, #30 Exhibit JCI29_2017 Keramida Rpt., #31 Exhibit JCI30_Keramida Rebuttal, #32 Exhibit JCI31_2019 Keramida Rpt., #33 Exhibit JCI32_11/3 Keramida Dep., #34 Exhibit JCI33_11/2 Keramida Dep., #35 Exhibit JCI34_Trimmer Ltr., #36 Exhibit JCI35_Siehoff Dep., #37 Exhibit JCI36_Agreement, #38 Exhibit JCI37_SOC Record, #39 Exhibit JCI38_ERM Rpt., #40 Exhibit JCI39_Property Card, #41 Exhibit JCI40_Werwie 30(b)(6), #42 Exhibit JCI41_EPA Ltr., #43 Exhibit JCI42_JCI Ltr., #44 Exhibit JCI43_Closure Plan, #45 Exhibit JCI44_IDEM Ltr., #46 Exhibit JCI45_1992 IDEM Ltr., #47 Exhibit JCI46_Site Rpt., #48 Exhibit JCI47_JX 1, #49 Exhibit JCI48_2020 Semiannual, #50 Exhibit JCI49_DX 937, #51 Exhibit JCI50_PX 573, #52 Exhibit JCI51_Soil Work Plan, #53 Exhibit JCI52_PX 681, #54 Exhibit JCI53_JX 19, #55 Exhibit JCI54_DX F-6, #56 Exhibit JCI55_MOU, #57 Exhibit JCI56_2004 MOU, #58 Exhibit JCI57_Anderson Dep., #59 Exhibit JCI58_McCann Dep., #60 Exhibit JCI59_2000 IDEM Ltr., #61 Exhibit JCI60_Closure Rpt., #62 Exhibit JCI61_Robertson Dep., #63 Exhibit JCI62_2020 Anderson Dep., #64 Exhibit JCI63_Fenelon Trial, #65 Exhibit JCI64_JX 2, #66 Exhibit JCI65_JX 21, #67 Exhibit JCI66_DX G-4, #68 Exhibit JCI67_JX 27, #69 Exhibit JCI68_Williams Dep., #70 Exhibit JCI69_DX 934, #71 Exhibit JCI70_McCann Trial, #72 Exhibit JCI71_DX A-5, #73 Exhibit JCI72_JX 7, #74 Exhibit JCI73_DX L, #75 Exhibit JCI74_DX Q-4, #76 Exhibit JCI75_JX 31, #77 Exhibit JCI76_DX N, #78 Exhibit JCI77_2020 IDEM Ltr., #79 Exhibit JCI78_DX 938, #80 Exhibit JCI79_DX 939, #81 Exhibit JCI80_DX 827, #82 Exhibit JCI81_DX 957, #83 Exhibit JCI82_DX 958, #84 Exhibit JCI83_DX 959, #85 Exhibit JCI84_2003 Soil Rpt., #86 Exhibit JCI85_JX 29, #87 Exhibit JCI86_JX 22, #88 Exhibit JCI87_Funderburk Order, #89 Exhibit JCI88_DX 194, #90 Exhibit JCI89_DX 947, #91 Exhibit JCI90_DX 981, #92 Exhibit JCI91_DX 981, #93 Exhibit JCI92_DX 978, #94 Exhibit JCI93_Tetra Rpt., #95 Exhibit JCI94_JX 14, #96 Exhibit JCI95_DX S-4, #97 Exhibit JCI96_JX 8, #98 Exhibit JCI97_DX H, #99 Exhibit JCI98_GZA Ltr., #100 Exhibit JCI99_DX M)(Hall PHV, Thomas)

January 6, 2021

Filing 422 STATEMENT - Local Rule 56.1 Statement of Material Facts Regarding Plaintiffs' Common Law Claims re #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims filed by Johnson Controls Inc. (Hall PHV, Thomas)

January 6, 2021

Filing 421 MEMORANDUM in Support of #420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims filed by Johnson Controls Inc. (Hall PHV, Thomas)

January 6, 2021

Filing 420 MOTION for Summary Judgment on Plaintiffs' Common Law Claims by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

January 6, 2021

Filing 419 STATEMENT - Local Rule 56.1 Statement of Material Facts Regarding ELA Claims re #417 MOTION for Summary Judgment on Count IV (ELA Claim) filed by Johnson Controls Inc. (Hall PHV, Thomas)

January 6, 2021

Filing 418 MEMORANDUM in Support of #417 MOTION for Summary Judgment on Count IV (ELA Claim) filed by Johnson Controls Inc. (Hall PHV, Thomas)

January 6, 2021

Filing 417 MOTION for Summary Judgment on Count IV (ELA Claim) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

January 6, 2021

Filing 416 AFFIDAVIT re #413 MOTION for Partial Summary Judgment Declaration of Thomas A. Barnard in Support of Plaintiffs' Motion for Partial Summary Judgment by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 6, 2021

Filing 415 APPENDIX to #414 Memorandum in Support of Motion for Partial Summary Judgment by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 01. Amos Hostetler Deposition (05-19-2015), #3 Exhibit 02. Amos Hostetler Deposition (09-28-2017), #4 Exhibit 03. Expert Opinion of Vasiliki Keramida Ph.D. (02-07-2019), #5 Exhibit 04. Debbie Hostetler Deposition (05-19-2015), #6 Exhibit 05. Debbie Hostetler Deposition (09-28-2017), #7 Exhibit 06. Rita Chairez Deposition (05-20-2015), #8 Exhibit 07. Rita Chairez Deposition (09-27-2017), #9 Exhibit 08. Becky Null Deposition (05-21-2015), #10 Exhibit 09. Becky Null Deposition (09-27-2017), #11 Exhibit 10. Maria Tovar Deposition (05-20-2015), #12 Exhibit 11. Maria Tovar Deposition (09-26-2017), #13 Exhibit 12. JCI Answer to Complaint, Dkt. 10 (06-02-2015), #14 Exhibit 13. Tocon Answer to Complaint, Dkt. 7 (08-25-2014), #15 Exhibit 14. Expert Report of Dr. Kenneth Spaeth (02-15-2019), #16 Exhibit 15. Morrison, et al. Chlorinated Solvents Chapter, #17 Exhibit 16. USEPA Toxicological Review of TCE (Sep. 2011), #18 Exhibit 17. Expert Report of Dr. Peter Orris (02-11-2019), #19 Exhibit 18. Expert Report of Dr. Kathleen Gilbert (02-11-2019), #20 Exhibit 19. IDEM Remediation Closure Guide, Sec. 1 - Introduction, #21 Exhibit 20. USEPA Risk Assessment for Toxic Air Pollutants, #22 Exhibit 21. USEPA Regional Screening Level Table, Resident Ambient Air, #23 Exhibit 22. USEPA Region 9 Memo (07-02-2014), #24 Exhibit 23. ATSDR Public Health Statement Tetrachloroethylene, #25 Exhibit 24. ERM, Phase I Environmental Site Assessment (02.2006), #26 Exhibit 25. Deposition of Stan Leedy (05.27.1993), #27 Exhibit 26. Jeff Werwie JCI 30(b)(6) Deposition (3.3.2017), #28 Exhibit 27. Affidavit of Tom Kintigh (02-01-2019), #29 Exhibit 28. JCI TCE Release Chart (Pls.' Dep. Ex. #422), #30 Exhibit 29. Jeff Werwie Affidavit re JCI & Tocon's Indemnification and Access Agreement (11.17.2011), #31 Exhibit 30. Cole Associates, Interim Site Investigation (Feb. 1992), #32 Exhibit 31. Traverse Group Site Investigation Report (12.10.1992), #33 Exhibit 32. JCI Voluntary Remediation Agreement (08.05.1996), #34 Exhibit 33. ERM Memorandum, 03-13-1997, #35 Exhibit 34. Bernard Fenelon Deposition (10-27-2016), #36 Exhibit 35. GZA Vapor Intrusion and Mitigation Report (07.12.2012), #37 Exhibit 36. GZA 2018 First Semi-Annual Report, #38 Exhibit 37. Deposition of Daryl Lamb (08.18.2017), #39 Exhibit 38. JCI Chart Interruptions in Functioning of Vapor Mitigation Systems (Mar. 2017), #40 Exhibit 39. 2018 GZA Vapor Intrusion Sampling Data, #41 Exhibit 40. Helen Dawson Expert Report (2019-05-03), #42 Exhibit 41. Supplement to Helen Dawson Expert Report (2019-10-15), #43 Exhibit 42. IDEM Asbestos - Asbestos In Indiana - Protecting Workers and the Public From Asbestos, #44 Exhibit 43. IDEM Asbestos - About Asbestos-Containing Materials, #45 Exhibit 44. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 1 of 3), #46 Exhibit 44. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 2 of 3), #47 Exhibit 44. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 3 of 3), #48 Exhibit 45. IDEM Asbestos - Health Risks and Environmental Impacts, #49 Exhibit 46. Agreement Between Tony Adkins & Richard Swift, #50 Exhibit 47. Adkins Anthony Deposition (12-4-2015), #51 Exhibit 48. Richard Swift Criminal History, #52 Exhibit 49. Tony Adkins 341 Meeting Testimony, #53 Exhibit 50. Email String Hershberger - Werwie - GZA (02-23-2012), #54 Exhibit 51. Email String Between Jeff Werwie & David Troup (03-25-2012), #55 Exhibit 52. JCI Email String (11-11-2013), #56 Exhibit 53. Troup Email to Werwie (11-12-2013), #57 Exhibit 54. Email String from Jeff Werwie (12-11-2013), #58 Exhibit 55. David Troup Email (03.20.2014), #59 Exhibit 56. Dennis Carter Deposition & Pls.' Ex. #35, #60 Exhibit 57. Trena Hazinski Deposition, #61 Exhibit 58. USEPA Action Memo, #62 Exhibit 59. David Troup Deposition & JCI Dep. Ex. #189, #63 Exhibit 60. Email String Between Jeff Werwie & David Troup (04.13.2014), #64 Exhibit 61. Bernard Fenelon Email to David Troup (05.28.2014), #65 Exhibit 62. David Troup Email to Bernard Fenelon (05.28.2014), #66 Exhibit 63. David Troup Email to Jeff Werwie (05.28.2014), #67 Exhibit 64. Email String Between Tom Mills, Tony Adkins, & Richard Swift (06.05.2014), #68 Exhibit 65. Werwie Email to Troup 12.03.2014, #69 Exhibit 66. Troup Email to Werwie 12.10.2014, #70 Exhibit 67. Expert Report of Adam Stepanek (02-11-2019), #71 Exhibit 68. Deposition of Jeffrey Rechtin (2019-04-23), #72 Exhibit 69. Becky Null House Photo 2014, 1213 Egbert (KERA025219), #73 Exhibit 70. KERAMIDA Inc. Asbestos Inspection Report (02.04.2016), #74 Exhibit 71. Email from Plaintiffs' Counsel to USEPA (02.04.2016), #75 Exhibit 72. USEPA Region V POLREP #7, Former TOCON Holdings Asbestos Site (12.29.2016), #76 Exhibit 73. A. Hostetler Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #77 Exhibit 74. D. Hostetler Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #78 Exhibit 75. R. Chairez Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #79 Exhibit 76. B. Null Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019), #80 Exhibit 77. M. Tovar Supplemental Responses to JCI's 1st & 2nd Set of INTs. (03-22-2019))(Barnard, Thomas)

January 6, 2021

Filing 414 MEMORANDUM in Support of #413 MOTION for Partial Summary Judgment filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 6, 2021

Filing 413 MOTION for Partial Summary Judgment by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 5, 2021

Filing 412 ORDER : The Court GRANTS IN PART the #411 Consent Motion to File Under Seal and For Leave to Delay Filing Exhibits to Motion for Summary Judgment. The Defendants are GRANTED leave to file their unredacted exhibits to 1/20/2021. The Court TAKES UNDER ADVISEMENT the motion to seal the exhibits. Text only entry by Chief Judge Jon E DeGuilio on 1/5/2021. (jss)

January 4, 2021

Filing 411 Consent MOTION to Seal AND FOR LEAVE TO DELAY FILING WITH THE COURT CERTAIN EXHIBITS TO JOHNSON CONTROLS INC.'S MOTION FOR SUMMARY JUDGMENT by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

November 13, 2020

Filing 410 ORDER: Dispositive motions to be filed by 1/6/2021; Responses are to be filed by 2/22/2021; and Replies are to be filed by 3/15/2021. For Johnson Controls' motion, the parties will have 40 pages for the opening and response briefs, and 25 pages for the reply. Signed by Chief Judge Jon E DeGuilio on 11/13/20. (ksp)

November 3, 2020

Filing 409 STATUS REPORT (JOINT) by Johnson Controls Inc. (Hall PHV, Thomas)

October 13, 2020

Filing 408 ORDER: The parties are directed to confer and file a joint status report, by 11/3/2020, indicating (1) whether they intend to file motions for summary judgment; (2) if so, what briefing deadlines they propose for those motions; and (3) whether they believe a settlement conference with a magistrate judge or a private mediation would be fruitful at this time. Text only entry by Chief Judge Jon E DeGuilio on 10/13/2020. (jss)

October 13, 2020

Filing 407 OPINION AND ORDER DENYING #397 MOTION to exclude Dr. Torry's Opinions. Signed by Chief Judge Jon E DeGuilio on 10/13/2020. (Copy mailed to pro se parties)(mrm)

October 8, 2020

Filing 406 OPINION AND ORDER GRANTING in part and DENYING in part Johnson Controls' Motion to exclude Dr. Keramida's opinions #393 . The Court excludes Dr. Keramida's calculations as to vapors from the plant and parking areas, and her upper-bound calculation as to TCE from the neighborhood groundwater. The Court otherwise denies the motion, however, so Dr. Keramida may present her calculations as modified to reflect the vapor concentrations from the neighborhood groundwater (with the site-specific attenuation factor) and the sewer pipes. Signed by Chief Judge Jon E DeGuilio on 10/8/2020. (Copy mailed to pro se party)(mrm)

September 16, 2020

Filing 405 OPINION AND ORDER granting #394 Motion to exclude these three experts' opinions that the Plaintiffs are at an increased risk of adverse health effects. Signed by Chief Judge Jon E DeGuilio on 09/16/2020. (Copy mailed to pro se party) (jat)

August 21, 2020

Filing 404 OPINION AND ORDER: GRANTING in part and DENYING in part #383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek by Defendant Johnson Controls Inc., Johnson Controls Inc. As to Mr. Rechtin and Mr. Giddens, the Court excludes Opinion 1 and testimony on the medical impact of asbestos, but otherwise denies the motion. The Court grants the motion to exclude as to Ms. Stout but denies the motion as to Dr. Stepanek. Signed by Chief Judge Jon E DeGuilio on 8/21/2020. (lhc)

March 20, 2020

Filing 403 REPLY to Response to Motion re #397 SEALED MOTION (Reply In Support Of Motion To Exclude Opinions Of Dr. Zachary Torry) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Torry's Deposition Transcript)(Hall PHV, Thomas)

March 20, 2020

Filing 402 REPLY to Response to Motion re #394 MOTION to Exclude Opinions of (1) Dr. Peter Orris, (2) Dr. Kenneth Spaeth and (3) Dr. Kathleen Gilbert filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Orris's 2019 Deposition Transcript)(Hall PHV, Thomas)

March 20, 2020

Filing 401 REPLY to Response to Motion re #393 MOTION to Exclude Opinions of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Sampling Data, #2 Exhibit B - Keramida's March 2017 Schmucker Report, #3 Exhibit C - Schmucker Trial Transcript, #4 Exhibit D - Keramida's 2019 Deposition Transcript)(Hall PHV, Thomas)

February 28, 2020

Filing 400 RESPONSE to Motion re #397 SEALED MOTION (Plaintiffs' Response to Defendant Johnson Controls, Inc.'s Motion to Exclude the Expert Opinions of Dr. Zachary Torry) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Torry CV, #3 Exhibit 2 -- Torry Deposition (2019-07-16) [Excerpts], #4 Exhibit 3 -- Torry Statement of Qualifications & Objectives, #5 Exhibit 4 -- Torry Expert Witness Case List, #6 Exhibit 5 -- Benedek Report on B. Null (2019-05-10) [Excerpt, #7 Exhibit 6 -- Benedek Deposition (2019-07-31) [Excerpts])(Barnard, Thomas)

February 28, 2020

Filing 399 RESPONSE to Motion re #394 MOTION to Exclude Opinions of (1) Dr. Peter Orris, (2) Dr. Kenneth Spaeth and (3) Dr. Kathleen Gilbert filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Keramida Report (2019-02-07) [Excerpts], #3 Exhibit 2 -- Dawson Report (2019-05-03) [Excerpts], #4 Exhibit 3 -- GZA 1st 2019 Semiannual Report, Table 9, #5 Exhibit 4 -- Orris Report (2019-02-11), #6 Exhibit 5 -- Spaeth Report (2019-02-15), #7 Exhibit 6 -- Gilbert CV, #8 Exhibit 7 -- Gilbert Deposition (2019-06-24) [Excerpts], #9 Exhibit 8 -- Scientific Advisory Committee on Chemicals Charter, #10 Exhibit 9 -- Toxicological Review of TCE (Sep. 2011) [Excerpts], #11 Exhibit 10 -- Gilbert Report (2019-02-11), #12 Exhibit 11 -- Kirk v. Schaeffler Group, Gilbert Report, #13 Exhibit 12 -- Spaeth CV, #14 Exhibit 13 -- Spaeth Deposition (2019-06-28) [Excerpts], #15 Exhibit 14 -- World Health Org. -- Airborne Dust, #16 Exhibit 15 -- USEPA Action Memorandum (2016-07-15, #17 Exhibit 16 -- North Brunswick Township High School Health Consultation (2017-03-24), #18 Exhibit 17 -- Orris CV, #19 Exhibit 18 -- Orris Deposition (2019-07-01) [Excerpts])(Barnard, Thomas)

February 28, 2020

Filing 398 RESPONSE to Motion re #393 MOTION to Exclude Opinions of Dr. Vasiliki Keramida filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Keramida Report (2019-02-07), #3 Exhibit 2 -- OSWER Vapor Intrusion Technical Guide [Excerpts], #4 Exhibit 3 -- Dawson Conceptual Site Model (Ex. C to Schmucker 2017 Report), #5 Exhibit 4 -- Dawson Deposition (2017-11-29) [Excerpts], #6 Exhibit 5 -- Schmucker v. JCI Trial Vol. 4 (2019-12-12) [Excerpts], #7 Exhibit 6 -- Keramida Deposition (2019-09-02) [Excerpts], #8 Exhibit 7 -- GZA 1st 2019 Semiannual Report [Excerpts], #9 Exhibit 8 -- Dawson Deposition (2019-09-17) [Excerpts], #10 Exhibit 9 -- Pls.' Dep. Ex. 949 (09-17-19), #11 Exhibit 10 -- Pls.' Dep. Ex. 944 (09-17-19, #12 Exhibit 11 -- Pls.' Dep. Ex. 954 (09-17-19), #13 Exhibit 12 -- Keramida Deposition (2017-11-02) [Excerpts], #14 Exhibit 13 -- JCI Dep. Ex. 583, Fig. 2 (2019-09-02), #15 Exhibit 14 -- Pls.' Dep. Ex. 895 (09-17-19), #16 Exhibit 15 -- Ettinger Deposition (2019-09-24) [Excerpts], #17 Exhibit 16 -- JCI Dep. Ex. 587 (2019-09-02), #18 Exhibit 17 -- JCI Dep. Ex. 603 (2019-09-02), #19 Exhibit 18 -- JCI Letter to IDEM (2004-03-04))(Barnard, Thomas)

January 23, 2020

Filing 397 Sealed Motion to Exclude Expert Opinions. (Attachments: #1 Index of Exhibits to JCIs Motion to Exclude the Opinions of Dr. Zachary Torry, #2 Exhibit A - Dr. Torry's Expert Report re: Plaintiff Rita Chairez, #3 Exhibit B - Dr. Torry's Expert Report re: Plaintiff Becky Null, #4 Exhibit C - Dr. Torry's Expert Report re: Plaintiff Maria Tovar, #5 Exhibit D - Deposition Transcript of Dr. Kenneth Spaeth, #6 Exhibit E - Deposition Transcript of Dr. Peter Orris, #7 Exhibit F - Deposition Transcript of Dr. Zachary Torry, #8 Exhibit G - GZA First 2019 Semiannual Report, #9 Exhibit H - Deposition Transcript of Dr. Elissa P. Benedek)(Hall PHV, Thomas) Modified on 1/28/2020 (jss).

January 22, 2020

Filing 396 ORDER: The Court GRANTS the #395 Motion to Seal. Johnson Controls should file its unredacted motions as to Dr. Torry under seal. Signed by Judge Jon E DeGuilio on 1/22/2020. (jss)

January 14, 2020

Filing 395 MOTION to File Under Seal an Unredacted Copy of JCI's Motion to Exclude the Expert Opinions of Dr. Zachary Torry and to Publicly File a Redacted Copy by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - redacted copy of JCI's Motion to Exclude the Expert Opinions of Dr. Zachary Torry)(Hall PHV, Thomas)

December 31, 2019

Filing 394 MOTION to Exclude Opinions of (1) Dr. Peter Orris, (2) Dr. Kenneth Spaeth and (3) Dr. Kathleen Gilbert by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Expert Report of Dr. Orris, #3 Exhibit B - Expert Report of Dr. Spaeth, #4 Exhibit C - Expert Report of Dr. Gilbert, #5 Exhibit D - First 2019 Semiannual Report, #6 Exhibit E - Expert Report of Dr. Helen Dawson, #7 Exhibit F - Drinking Water Results for 1113 Sander Avenue, #8 Exhibit G - Debbie Hostetler Dep. Tr., #9 Exhibit H - Dr. Spaeth Dep. Tr., #10 Exhibit I - Dr. Keramida Dep. Tr., #11 Exhibit J - Trial Transcript in Schmucker case, #12 Exhibit K - Dr. Gilbert Dep. Tr., #13 Exhibit L - Blackline Comparison of Dr. Orriss Schmucker Report and Hostetler Report, #14 Exhibit M - Dr. Orris 2019 Dep. Tr., #15 Exhibit N - Dr. Orris Invoice, #16 Exhibit O - Dr. Orris 2017 Dep. Tr. in Schmucker, #17 Exhibit P - Expert Report of Dr. Ellen Chang, #18 Exhibit Q - Expert Report of Dr. Gilbert in Kirk v. Schaeffer Grp. USA Inc. case)(Hall PHV, Thomas)

December 31, 2019

Filing 393 MOTION to Exclude Opinions of Dr. Vasiliki Keramida by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Expert Report of Dr. Keramida, #3 Exhibit B - Dr. Keramida Dep. Tr., #4 Exhibit C - First 2019 Semiannual Report, #5 Exhibit D - Debbie Hostetler Dep. Tr., #6 Exhibit E - Amos Hostetler Dep. Tr., #7 Exhibit F - Expert Report of Dr. Marion J. Fedoruk, #8 Exhibit G - Reference Manual on Scientific Evidence, #9 Exhibit H - Expert Report of Dr. Helen Dawson, #10 Exhibit I - 5/2019 Supplemental Expert Report of Dr. Helen Dawson, #11 Exhibit J - Expert Report of Mr. Robert Ettinger, #12 Exhibit K - EPA OSWER Guidance, #13 Exhibit L - IDEM Guidance, #14 Exhibit M - 10/2019 Supplemental Expert Report of Dr. Helen Dawson, #15 Exhibit N - Dr. Helen Dawson Dep. Tr., #16 Exhibit O - Site Investigation Report, #17 Exhibit P - Emulsified Zero-Valent Iron Soil Remedial Action Report, #18 Exhibit Q - Written Direct Testimony of Dr. Keramida in Schmucker, #19 Exhibit R - EPA's Implementation of Johnson & Ettinger Model, #20 Exhibit S - Vapor Intrusion through Sewer Systems)(Hall PHV, Thomas)

December 30, 2019

Filing 392 ORDER granting unopposed #391 Motion for Leave to File. Daubert motions are due 12/31/2019 and are to be filed by 1/17/2020. This is a text-only order by Judge Jon E DeGuilio on 12/30/2019. (saj)

December 27, 2019

Filing 391 MOTION for Leave to File Johnson Controls, Inc.'s Unopposed Motion for Leave to Delay Filing with the Court its Daubert Motion by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

November 14, 2019

Filing 390 ORDER GRANTING #384 Motion to set Briefing Deadlines. Johnson Controls may file 3 Daubert motions, not to exceed 70 pages total by 12/31/2019. Plaintiffs may file responses to the Daubert motions, not to exceed 70 pages total, by 2/28/2020. Johnson Controls may file reply briefs, not to exceed 30 pages total by 3/20/2020. (cc: Tocon Holdings LLC and Gene Duffin by regular mail) Signed by Judge Jon E DeGuilio on 11/14/19. (mlc) Modified on 11/15/2019 to add routing (mlc).

November 11, 2019

Filing 389 REPLY to Response to Motion re #383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek filed by Johnson Controls Inc. (Hall PHV, Thomas)

October 21, 2019

Filing 388 RESPONSE to Motion re #383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Index of Exhibits, #2 Exhibit 01. Email from Carmen Anderson (03.06.2012), #3 Exhibit 02. USEPA Action Memo (07.15.2016), #4 Exhibit 03. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 1 of 3), #5 Exhibit 03. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 2 of 3), #6 Exhibit 03. Expert Report of Jeffrey Rechtin and Joseph Giddens (Part 3 of 3), #7 Exhibit 04. Werwie Affidavit (11.17.2011), #8 Exhibit 05. 2006 Micro-Air Asbestos Survey, #9 Exhibit 06. Email from Jeff Werwie (2009-07-27), #10 Exhibit 07. Emails Between Jeff Werwie & John Osborne (2009-10-08), #11 Exhibit 08. Grove Appraisal (2011-04-22), #12 Exhibit 09. Agreement Between Tony Adkins & Richard Swift, #13 Exhibit 10. Email from James Weingart re Swift Background (2015-02-27), #14 Exhibit 11. Richard Swift Criminal History, #15 Exhibit 12. Tony Adkins 341 Meeting Testimony, #16 Exhibit 13. GZA & JCI Emails re Asbestos Bids (2011-04-29), #17 Exhibit 14. Email from Jeff Werwie (03.05.2012), #18 Exhibit 15. Email from David Bauer (2011-05-11), #19 Exhibit 16. Email from John Osborne, #20 Exhibit 17. Becky Hershberger Bankruptcy Testimony, #21 Exhibit 18. Email from Jeff Werwie, #22 Exhibit 19. Emails Between JCI & GZA (2012-02-23), #23 Exhibit 20 Email from Carmen Anderson 2012-03-06, #24 Exhibit 21. Email from Jeff Werwie (2012-03-25), #25 Exhibit 22. Doyle Houser Inspection Report (2012.04.06), #26 Exhibit 23. Email from John Clevenger (2012-04-19), #27 Exhibit 24. Email from David Troup, #28 Exhibit 25. Email from Jeff Werwie, #29 Exhibit 26. Carter Abatement Notification (2012-05-16), #30 Exhibit 27. Deposition of Dennis Carter (2015-12-02), #31 Exhibit 28. Email from Bernard Fenelon (2012-08-15), #32 Exhibit 29. Email from Jeff Werwie, #33 Exhibit 30. Carter Abatement Notification (2013-01-28), #34 Exhibit 31. Email from Jeff Werwie (11.06.2013), #35 Exhibit 32. Dennis Carter Admin. & Engnr. Bldgs. Quote (2013-12-18), #36 Exhibit 33. Deposition of Trena Hazinski (2017-11-17), #37 Exhibit 34. Email from David Troup (03.20.2014), #38 Exhibit 35. Werwie & Troup Emails (2014.04.13), #39 Exhibit 36. David Troup Email to Bernard Fenelon (05.28.2014), #40 Exhibit 37. Fenelon Email to Troup with Sampling Locations (2014.05.28), #41 Exhibit 38. Deposition of David Troup (2016-10-05), #42 Exhibit 39. Email from Bernard Fenelon, #43 Exhibit 40. Email from Jeff Werwie, #44 Exhibit 41. Cheryl Satkus Inspection Photos (10-30-2014), #45 Exhibit 42. Email from John Clevenger (2014-11-20), #46 Exhibit 43. Email from John Clevenger (2014-11-21), #47 Exhibit 44. IDEM Dec. 2014 Inspection Report, #48 Exhibit 45. Clevenger Email (2014-12-03), #49 Exhibit 46. Deposition of John Clevenger (2016-09-30), #50 Exhibit 47. FFSB Mills Email to Swift (2014-12-11), #51 Exhibit 48. FFSB Disbursements to Swift, #52 Exhibit 49. Swift Dumping Receipts, #53 Exhibit 50. Email from Tom Mills (2015-02-12), #54 Exhibit 51. John Clevenger Bankruptcy Testimony, #55 Exhibit 52. IDEM Dec. 2015 Inspection Report, #56 Exhibit 53. KERAMIDA Inc. Asbestos Inspection Report (02.04.2016), #57 Exhibit 54. Taft Email to Andy Maguire 02.04.2016, #58 Exhibit 55. Photo of Asbestos Sign, #59 Exhibit 56. Tetra Tech Removal Assessment, #60 Exhibit 57. USEPA Polrep #7 (2016-12-29), #61 Exhibit 58. USEPA Demand Letter, #62 Exhibit 59. Email from Jeff Werwie, #63 Exhibit 60. Jeffrey Rechtin CV, #64 Exhibit 61. Deposition of Joseph Giddens (2019-05-16), #65 Exhibit 62. Deposition of Jeffrey Rechtin (2019-04-23), #66 Exhibit 63. Joseph (Ty) Giddens CV, #67 Exhibit 64. Report of Kristen Stout, #68 Exhibit 65. Deposition of Kristen Stout (2019-04-18), #69 Exhibit 66. Adam Stepanek Report, #70 Exhibit 67. Deposition of Adam Stepanek (2019-04-16), #71 Exhibit 68. Adam Stepanek CV)(Barnard, Thomas)

October 16, 2019

Filing 387 REPLY in SUPPORT OF #384 MOTION to Set Deadlines for Remaining Daubert Motions filed by Johnson Controls Inc. (Hall PHV, Thomas) Modified on 10/17/2019 to correct docket text to reflect document title (jat).

October 15, 2019

Filing 386 RESPONSE to Motion re #384 MOTION to Set Deadlines for Remaining Daubert Motions filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 Email to JCI Counsel 2019-10-07)(Barnard, Thomas)

October 8, 2019

Filing 385 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Michael G Gotsch, Sr is now terminated. All further matters will now be handled by Judge Jon E DeGuilio unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm)

October 7, 2019

Filing 384 MOTION to Set Deadlines for Remaining Daubert Motions by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

September 20, 2019

Filing 383 MOTION to Exclude the Expert Opinions of (1) Jeffrey Rechtin and Joseph Giddens, (2) Kristen Stout, and (3) Adam Stepanek by Defendant Johnson Controls Inc. (Attachments: #1 Memorandum of Law in Support of Motion to Exclude, #2 Index of Exhibits, #3 Exhibit A - J. Rechtin and J. Giddens Report, #4 Exhibit B - K. Stout Report, #5 Exhibit C - A. Stepanek Report, #6 Exhibit D - IDEM Notification of Demolition Operations, #7 Exhibit E - Order on Motion to, #8 Exhibit F - Email from B. Hershberger to J. Werwie, #9 Exhibit G - 2014 IDEM Asbestos Inspection, #10 Exhibit H - 2015 IDEM Asbestos Inspection, #11 Exhibit I - Dep. Transcript of V. Keramida, #12 Exhibit J - USEPA Pollution Report #7, #13 Exhibit K - Rechtin Report, Ref. 1, #14 Exhibit L - Dep. Transcript of J. Giddens, #15 Exhibit M - Dep. Transcript of J. Rechtin, #16 Exhibit N - Dep. Transcript of K. Stout, #17 Exhibit O - Decl. of K. Stout, #18 Exhibit P - Dep. Transcript of A. Stepanek, #19 Exhibit Q - CV of A. Stepanek)(Hall PHV, Thomas)

September 3, 2019

Filing 382 NOTICE of Appearance by Allison L Silverman PHV on behalf of Johnson Controls Inc (Silverman PHV, Allison)

September 3, 2019

Filing 381 ORDER granting #380 Application to Appear Pro Hac Vice of Attorney Allison L Silverman PHV for Johnson Controls Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/3/2019. (ace)

August 30, 2019

Filing 380 Application for Attorney Allison L. Silverman to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3994488(Pro Hac Vice Temporary login, )

July 19, 2019

Filing 379 ORDER: The Court GRANTS JCI's motion DE #374 . The Court ORDERS Plaintiffs to produce Dr. Keramida in either Indianapolis, Indiana or New York, New York for a deposition before 9/16/19. The Court takes no further position on exactly when that deposition shall occur. Accordingly, the expert discovery deadline is EXTENDED until 9/30/19, for the limited purpose of conducting Dr. Keramida's deposition and any additional, but limited, discovery logically related to it. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/19/19. (nal)

July 19, 2019

Filing 378 STATEMENT of John D. Ulmer regarding #377 Reply to Response to Motion, filed by Johnson Controls Inc. (Ulmer, John)

July 17, 2019

Filing 377 REPLY to Response to Motion re #374 Emergency MOTION to Compel Plaintiffs To Produce Vasiliki Keramida For Deposition In Early September 2019 And To Extend The Deadline For Expert Discovery filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Markey Order, #2 Exhibit B - 7/11/19 Transcript)(Hall PHV, Thomas)

July 16, 2019

Filing 376 TRANSCRIPT of Telephonic Status Conference held on July 11, 2019, before Judge Jon E. DeGuilio. Court Reporter Joanne Hoffman, Telephone number (574)246-8038/Joanne_Hoffman@innd.uscourts.gov. Tape Number: N/A. 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 7/25/2019. Redaction Request due 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019. (jh)

July 16, 2019

Filing 375 RESPONSE to Motion re #374 Emergency MOTION to Compel Plaintiffs To Produce Vasiliki Keramida For Deposition In Early September 2019 And To Extend The Deadline For Expert Discovery filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. Affidavit of Vasiliki Keramida, #2 Exhibit 2. Letter to JCI (05.10.2019), #3 Exhibit 3. Letter from JCI (05.13.2019), #4 Exhibit 4. Email from JCI (03.15.2019))(Barnard, Thomas)

July 12, 2019

Filing 374 Emergency MOTION to Compel Plaintiffs To Produce Vasiliki Keramida For Deposition In Early September 2019 And To Extend The Deadline For Expert Discovery by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - JCI May 13 Letter, #2 Exhibit B - Plaintiffs' May 20 Email, #3 Exhibit C - JCI June 26 Email)(Hall PHV, Thomas)

July 11, 2019

Filing 373 ORDER re #366 Motion to Set Briefing Deadlines for Certain Daubert Motions and #370 Joint Motion To Set Deadlines For Daubert Motions. Johnson Controls may file a single Daubert motion on expert opinions related to asbestos exposure by 9/20/19. The response will be due 10/21/19 and the reply will be due 11/11/19. The Court declines to set deadlines for non-asbestos-related motions at this time, and the parties should direct any issues relating to the outstanding discovery to the magistrate judge. Signed by Judge Jon E DeGuilio on 7/11/19. (nal)

July 11, 2019

Filing 372 TELEPHONIC STATUS CONFERENCE held on 7/11/2019 before Judge Jon E DeGuilio. Pla appeared by attys Ulmer, Michael, Barnard & Wolowski. Dft appeared by attys Hall & Hartzler. Counsel directed to take any discovery issues up with the Magistrate Judge. Court will address briefing schedules by separate order. 11:33-12:06 (Court Reporter Hoffman) (saj)

June 12, 2019

Filing 371 ORDER - A Telephonic Status Conference is set for 7/11/2019 11:30 AM (EST) before Judge Jon E DeGuilio. Counsel to initiate the call into the Court's bridge using the information provided by email. No cell phones or speaker phones please. This is a text-only order by Judge Jon E DeGuilio on 6/12/2019. (saj)

June 5, 2019

Filing 370 Joint MOTION To Set Deadlines For Daubert Motions by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

May 23, 2019

Filing 369 ORDER GRANTING #367 Unopposed Motion for 18-Day Extension of Time to Complete Expert Discovery. The deadline for the completion of expert discovery is extended to, and including, 08/02/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 05/23/2019. (jat)

May 22, 2019

Filing 368 RESPONSE to Motion re #366 MOTION Motion to Set Briefing Deadlines for Certain Daubert Motions filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 5-20-19 Email with JCI Counsel)(Barnard, Thomas)

May 22, 2019

Filing 367 MOTION for Extension of Time to Complete Discovery (EXPERT) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

May 21, 2019

Filing 366 MOTION Motion to Set Briefing Deadlines for Certain Daubert Motions by Defendant Johnson Controls Inc. (Hartzler, Kelly)

March 25, 2019

Filing 365 ORDER granting #364 Motion for Extension of Expert Discovery Deadlines. The deadline for disclosure of JCIs expert reports is extended up and until May 3, 2019, except that the deadline for disclosure of the reports of its expert psychiatrist and expert psychologist is extended up and until May 10, 2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/25/19. (kjp)

March 22, 2019

Filing 364 MOTION for Extension of Expert Discovery Deadlines re #355 Scheduling Order,, (Unopposed) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

March 6, 2019

Filing 363 Corporate Disclosure Statement by Johnson Controls Inc identifying Corporate Parent Johnson Controls International plc for Johnson Controls Inc.. (Hall PHV, Thomas)

March 5, 2019

Filing 362 ORDER granting #361 Application to Appear Pro Hac Vice of Attorney Mark T Hayden PHV for Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, and Maria Tovar. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/5/2019. (mtr)

March 4, 2019

Filing 361 Application for Attorney Mark T. Hayden to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3825434(Pro Hac Vice Temporary login, )

December 21, 2018

Filing 360 STATUS REPORT (Joint) by Johnson Controls Inc. (Hall PHV, Thomas)

December 13, 2018

Filing 359 ORDER WITHDRAWING #354 MOTION to Bifurcate filed by Debbie Hostetler, Becky Null, Maria Tovar, Rita Chairez, Amos Hostetler.The Court VACATES the existing deadlines for Daubert motions. The Court will contact the parties prior to the close of discovery to set those deadlines. Joint Status Report due by 12/28/2018. Signed by Judge Jon E DeGuilio on 12/13/18. (kjp) (Copy mailed to pro se parties). Modified on 12/17/2018 to note copies mailed. (nal)

November 28, 2018

Filing 358 PARTIAL OBJECTION by Johnson Controls Inc to #357 Notice (Other) . (Hall PHV, Thomas)

November 27, 2018

Filing 357 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar re #354 MOTION to Bifurcate Notice of Withdrawal of Plaintiffs' Motion to Bifurcate (Barnard, Thomas)

November 20, 2018

Filing 356 RESPONSE to Motion re #354 MOTION to Bifurcate filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2012 GZA Report Excerpts, #2 Exhibit B - 2000 ERM Report Excerpts, #3 Exhibit C - Null Dep Excerpts)(Hall PHV, Thomas)

November 8, 2018

Filing 355 SCHEDULING ORDER: Plaintiff expert witness disclosures and reports to be delivered to the defendant by 2/15/2019. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/15/2019. Defendant's Daubert motions due 4/30/19; Plaintiff's Daubert motions and response to Defendant's Daubert Motions to be filed by 5/30/2019; Defendants' Reply in support of Defendants' Daubert Motions to be filed by 6/14/2019; Defendants' Response to Plaintiffs' Daubert Motions to be filed by 7/1/2019; Plaintiffs' reply in support of Plaintiffs' Daubert motions and Expert Discovery deadline is 7/15/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/8/18. (mlc)

November 7, 2018

Filing 354 WITHDRAWN per DE #359 MOTION to Bifurcate by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. GZA Indoor Air & Sub-Slab Testing Data Tables 9 & 12)(Barnard, Thomas) Modified on 12/14/2018 (kjp).

November 5, 2018

Filing 353 STATUS REPORT (Joint) by Johnson Controls Inc. (Hall PHV, Thomas)

October 19, 2018

Filing 352 ORDER: Parties are ORDERED to meet and confer by 10/31/2018, to define narrowly the scope of the expert discovery and to identify reasonable deadlines for its completion. Parties shall then file a joint status report by 11/5/2018 informing the Court of the results of their meeting. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/19/2018. (jld)

October 15, 2018

Filing 351 BRIEF re #347 Order,,, Set Deadlines,, Johnson Controls, Inc.'s Brief In Support Of Its Position That All Discovery Is Closed. (Hall PHV, Thomas)

October 15, 2018

Filing 350 BRIEF re #347 Order,,, Set Deadlines,, Plaintiffs' Brief in Response to the Court's October 4, 2018, Order Regarding Continued Expert Discovery. (Barnard, Thomas)

October 5, 2018

Filing 348 TRANSCRIPT of Telephonic Status Conference held on October 3, 2018, before Judge Jon E. DeGuilio. Court Reporter Joanne Hoffman, Telephone number (574) 246-8038/joanne_hoffman@innd.uscourts.gov. Tape Number: N/A. 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 10/17/2018. Redaction Request due 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019. (jh)

October 4, 2018

Filing 347 ORDER: In the interests of fairness and justice, the parties may each file a short brief by 10/15/18. If any briefs are filed, theCourt will assess whether further discovery is warranted. However, the Court ADVISES the parties that it is reluctant to permit any further discovery given the age of this case and the extensive opportunities the parties have had to complete discovery during the pendency of this action. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/4/18. (Copy mailed to pro se parties). (nal)

October 3, 2018

Filing 349 RECEIPT of USCA case #18-8016 Order, DENYING Plaintiff's Petition for Permission to Appeal pursuant to Federal Rule of Civil Procedure 23(f). (nae)

October 3, 2018

Filing 346 ORDER REFERRING CASE to Magistrate Judge Michael G Gotsch, Sr., pursuant to 28 U.S.C. 636(b)(1)(A), Fed. R. Civ. P. 72(a), and N.D. Ind. L.R. 72-1, to determine whether the Plaintiffs should be permitted to conduct any additional discovery, and to oversee further discovery, if any, that may take place. The magistrate judge may of course accept any submissions from the parties on those issues as he sees fit. The brightline notice [DE 318] is accordingly vacated. Signed by Judge Jon E DeGuilio on 10/3/18. (ksp) (cc: Tocon Holdings LLC)

October 3, 2018

Filing 345 TELEPHONIC STATUS CONFERENCE held on 10/3/2018 before Judge Jon E DeGuilio. Pla appeared by attys Ulmer, Michael, Barnard, and Wolowski. Dft appeared by attys Hall and Hartzler. Court discussed the issue of expert discovery with counsel. 11:30-11:41 (Court Reporter Hoffman) (saj)

September 5, 2018

Filing 344 ORDER - A Telephonic Status Conference is set for 10/3/2018 at 11:30 AM (EST) before Judge Jon E DeGuilio. Counsel will initiate the call by calling into the Court's bridge using information sent by email. No cell phones or speaker phones please. This is a text-only order by Judge Jon E DeGuilio on 9/5/2018. (saj)

August 15, 2018

Filing 343 OPINION AND ORDER: Court DENIES #301 Motion for Class Certification. Johnson Controls' #313 Motion to Strike Dr. Keramida's Opinions is GRANTED IN PART AND DENIED IN PART. The remaining #310 , #325 , #327 Motions to Strike and the #323 Motion for an evidentiary hearing are DENIED. Signed by Judge Jon E DeGuilio on 8/15/2018. cc: Tocon Holdings LLC (tc)

July 18, 2018

Filing 342 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar of Supplemental Authority (Attachments: #1 Exhibit A - Opinion from US Court of Appeals for the Sixth Circuit)(Barnard, Thomas)

May 22, 2018

Filing 341 NOTICE by Johnson Controls Inc (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - UTC)(Hall PHV, Thomas)

April 20, 2018

Filing 340 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar re #301 MOTION to Certify Class (Notice of Supplemental Authority) (Attachments: #1 Ex. A Andrews v. Plains All American Pipeline, L.P.)(Barnard, Thomas)

April 2, 2018

Filing 339 NOTICE by Johnson Controls Inc re #312 Response to Motion -- Notice Of Supplemental Authority (Attachments: #1 Exhibit A - Modern Holdings)(Hall PHV, Thomas)

March 9, 2018

Filing 338 AFFIDAVIT in Support re #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida /Reply Declaration Of Thomas J. Hall In Further Support Of JCI's Motion To Strike The Opinions Of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2018 Sampling Results, #2 Exhibit B - Keramida Book Chapter)(Hall PHV, Thomas)

March 9, 2018

Filing 337 REPLY to Response to Motion re #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida filed by Johnson Controls Inc. (Hall PHV, Thomas)

March 9, 2018

Filing 336 REPLY to Response to Motion re #310 MOTION to Exclude JCI's Experts filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. IDEM Attenuation Factors Guidance (9.29.2016), #3 Exhibit 02. Deposition of Dr. Helen Dawson (11.29.2017) [Excerpts], #4 Exhibit 03. IDEM Comment Letter to JCI (10.27.2017), #5 Exhibit 04. Presentation by Dr. Dawson, Characterizing Variability in Indoor Air Concentrations at Vapor Intrusion Sites (03.19.2013), #6 Exhibit 05. Letter from Tom Barnard to Andrew Skroback (12.01.2016), #7 Exhibit 06. Letter from Tom Barnard to Tom Hall and Andrew Skroback (12.09.2016), #8 Exhibit 07. Deposition of Ellie Stapleton-Yu (01.11.2017))(Barnard, Thomas)

March 2, 2018

Filing 335 REPLY to Response to Motion re #327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 27, 2018

Filing 334 REPLY to Response to Motion re #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 27, 2018

Filing 333 REPLY to Response to Motion re #323 MOTION for Evidentiary Hearing on Plaintiffs' Motion for Class Certification re #301 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 22, 2018

Filing 332 RESPONSE to Motion re #327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 20, 2018

Filing 331 AFFIDAVIT in Opposition re #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion /Declaration Of Kelly Charles In Opposition To Plaintiffs' Motion To Strike Expert Declarations As Untimely filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Fedoruk Markup, #2 Exhibit B - Dawson Markup)(Hall PHV, Thomas)

February 20, 2018

Filing 330 RESPONSE to Motion re #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Fedoruk Transcript, #2 Exhibit B - Dawson Transcript)(Hall PHV, Thomas)

February 20, 2018

Filing 329 RESPONSE to Motion re #323 MOTION for Evidentiary Hearing on Plaintiffs' Motion for Class Certification re #301 MOTION to Certify Class filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 8, 2018

Filing 328 BRIEF in Support of #327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, filed by Rita Chairez, Debbie Hostetler, Amos Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 8, 2018

Filing 327 MOTION to Strike the Declaration of Kelly Charles re #317 Affidavit in Opposition to Motion, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 5, 2018

Filing 326 BRIEF in Support of #325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion filed by Rita Chairez, Debbie Hostetler, Amos Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 5, 2018

Filing 325 MOTION to Strike Expert Declarations as Untimely re #315 Affidavit in Opposition to Motion,, #316 Affidavit in Opposition to Motion by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 5, 2018

Filing 324 AFFIDAVIT in Opposition re #310 MOTION to Exclude JCI's Experts /Declaration of Kelly Charles filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Keramida Invoices)(Hall PHV, Thomas)

February 5, 2018

Filing 323 MOTION for Evidentiary Hearing on Plaintiffs' Motion for Class Certification re #301 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 5, 2018

Filing 322 RESPONSE to Motion to Strike the Expert Opinions Of Dr. Vasilki Keramida filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. Deposition of Dr. Helen Dawson (11.28-29.2017) [Excerpts], #3 Exhibit 02. Attachment #1 to July 14, 2017 Report of Dr. Keramida, #4 Exhibit 03. Deposition of Dr. Vasiliki Keramida (05.12.2015) [Excerpts], #5 Exhibit 04. Affidavit of Holly R. Petty (02.05.2018), #6 Exhibit 05. Dr. Keramida Schmucker Expert Opinion (03.17.2017), #7 Exhibit 06. Deposition of Dr. Vasiliki Keramida (09.23.2015) [Excerpts], #8 Exhibit 07. Testimony of Dr. Vasiliki Keramida in Tocon LLC Bankruptcy Hearing (12.16.2015) [Excerpts], #9 Exhibit 08. KERAMIDA Inc. Asbestos Inspection Report (02.04.2016), #10 Exhibit 09. Tocon's Brief in Support of Objection to Motion to Dismiss Bankruptcy, In re Tocon Holdings LLC [DE 23], #11 Exhibit 10. JCI's Objection to Motion to Dismiss Bankruptcy, In re Tocon Holdings LLC [DE 24], #12 Exhibit 11. Deposition of Dr. Vasiliki Keramida (11.02-03.2017) [Excerpts], #13 Exhibit 12. March 19, 2013 Presentation by Dr. Helen Dawson (Pls.' Ex. #781), #14 Exhibit 13. USEPA OSWER 2015 Vapor Guide [Excerpts], #15 Exhibit 14. Lab Data From GZA's 2015 First Semi-Annual Report [Excerpt], #16 Exhibit 15. USEPA Regional Screening Level for TCE, #17 Exhibit 16. Pls. Ex. #797 (Email from USEPA 11.29.2017), #18 Exhibit 17. IDEM 1997 Letter Requiring 1x10-6 for Off-Site Risk, #19 Exhibit 18. Dr. Helen Dawson, Lowry Air Force Base Report, 04.30.2014 (Pls.' Ex. #769), #20 Exhibit 19. USEPA Former TOCON Holdings Asbestos Site Final Removal Polrep (12.29.2016), #21 Exhibit 20. Rebuttal Affidavit of Dr. Vasiliki Keramida (10.11.2017), #22 Exhibit 21. McHugh v. Madison-Kipp Corp., No. 3-11-cv-724 (W.D. Wis. Apr. 16, 2012) [DE #72], #23 Exhibit 22. Deposition of Amos Hostetler [Excerpt], #24 Exhibit 23. Deposition of Marilyn Cook [Excerpt], #25 Exhibit 24. Deposition of Joyce Pederson [Excerpt], #26 Exhibit 25. Richard Swift Criminal Record)(Barnard, Thomas)

February 5, 2018

Filing 321 AFFIDAVIT in Opposition re #310 MOTION to Exclude JCI's Experts /Declaration of Thomas J. Hall filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Figure 1, #3 Exhibit B - Client list, #4 Exhibit C - EPA 2015 Guidance, #5 Exhibit D - IDEM 2012 Guidance, #6 Exhibit E - EPA 2002 Guidance, #7 Exhibit F - Dawson Transcript, #8 Exhibit G - 2016 IDEM Guidance, #9 Exhibit H - Sailor Letter, #10 Exhibit I - Skroback Letter)(Hall PHV, Thomas)

February 5, 2018

Filing 320 RESPONSE to Motion re #310 MOTION to Exclude JCI's Experts filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 5, 2018

Filing 319 REPLY to Response to Motion re #301 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. Deposition of Dr. Peter Mesard (11.07.2017) [Excerpt], #3 Exhibit 02. JCI Memo Regarding Chemical Usage at Goshen Site (09.03.1996), #4 Exhibit 03. Site Investigation Report for the Johnson Controls Facility (11.04.1992), #5 Exhibit 04. USEPA Region 10 Memo (12.13.2012), #6 Exhibit 05. JCIs Responses to Plaintiffs Requests for Admission Re Jurisdictional Issues (09.23.2015), #7 Exhibit 06. Deposition of Carmen Anderson (10.12.2016) [Excerpts], #8 Exhibit 07. Rebuttal Affidavit of Dr. Vasiliki Keramida (10.11.2017), #9 Exhibit 08. Email from IDEM to GZA (12.21.2017), #10 Exhibit 09. Rule 30(b)(6) Deposition of Donald Stilz (Dec. 7, 2016) [Excerpts], #11 Exhibit 10. Letter from GZA to JCI (11.25.2014), #12 Exhibit 11. JCI's 2017 First Semiannual Groundwater Report (09.08.2017), #13 Exhibit 12. Presentation, Groundwater to Indoor Air Vapor Intrusion Issues, by Dr. Helen Dawson (06.03.2002), #14 Exhibit 13. Voluntary Remediation Agreement (08.05.1996), #15 Exhibit 14. Letter from IDEM to JCI (05.09.2003), #16 Exhibit 15. GZA Vapor Intrusion and Mitigation Report (07.12.2012), #17 Exhibit 16. Supplemental Groundwater Evaluation Report (01.13.2009), #18 Exhibit 17. TCE Source Evaluation Report (02.19.2015), #19 Exhibit 18. Deposition of Bernard Fenelon (11.27.2016) [Excerpts], #20 Exhibit 19. Email from Bernard Fenelon (07.02.2013), #21 Exhibit 20. Letter from Plaintiffs' Counsel to IDEM re Sewer Sampling (10.18.2016), #22 Exhibit 21. McHugh v. Madison-Kipp Corp. 3-11-cv-724 (W.D. Wis. Apr. 16, 2012) [DE #72], #23 Exhibit 22. JCI's Responses to Plaintiffs' First Requests for Admission (Schmucker) (11.02.2016), #24 Exhibit 23. Plaintiffs Proposed List of Categories of Evidence at Class-Wide Liability Issues Trial, #25 Exhibit 24. Dr. Keramida Schmucker Opinion (03.17.2017), #26 Exhibit 25. Greene v. Will 1st Amended Complaint [DE #66], #27 Exhibit 26. Greene v. Will Default Judgment Order [DE 226], #28 Exhibit 27. Ebert v. General Mills Expert Report of Dr Thomas McHugh [Excerpts])(Barnard, Thomas)

January 4, 2018

Filing 318 *** VACATED PER ORDER DE #346 *** NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Michael G Gotsch, Sr is now terminated. All further matters will now be handled by Judge Jon E DeGuilio unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm) Modified on 10/3/2018 to add text (ksp).

December 22, 2017

Filing 317 AFFIDAVIT in Opposition re #301 MOTION to Certify Class -- Declaration Of Kelly Charles In Opposition To Plaintiff's Motion For Class Certification filed by Johnson Controls Inc. (Attachments: #1 Exhibit 1 - Scott Affidavit, #2 Exhibit 2 - Scott Affidavit Highlights, #3 Exhibit 3 - Keramida Invoices)(Hall PHV, Thomas)

December 22, 2017

Filing 316 AFFIDAVIT in Opposition re #301 MOTION to Certify Class -- Declaration of Marion J. Fedoruk, MD In Opposition To Plaintiff's Motion For Class Certification filed by Johnson Controls Inc. (Hall PHV, Thomas)

December 22, 2017

Filing 315 AFFIDAVIT in Opposition re #301 MOTION to Certify Class , #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida -- Declaration of Helen Dawson, Ph. D. In Opposition To Plaintiff's Motion For Class Certification And In Support Of JCI's Motion To Strike The Opinions Of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Exhibit 1 - Dawson Report, Part 1, #2 Exhibit 2 - Dawson Report, Part 2, #3 Exhibit 3 - Dawson Supplement)(Hall PHV, Thomas)

December 22, 2017

Filing 314 AFFIDAVIT in Opposition re #301 MOTION to Certify Class , #313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida -- Declaration of Thomas J. Hall In Opposition To Plaintiff's Motion For Class Certification And In Support Of JCI's Motion To Strike The Opinions Of Dr. Vasiliki Keramida filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Work Plan, #3 Exhibit B - Work Plan, #4 Exhibit C - Martin Ryan Deposition, #5 Exhibit D - Ruth Williams Deposition, #6 Exhibit E - Work Plan, #7 Exhibit F - Vasiliki Keramida Deposition, #8 Exhibit G - EPA Guidance, #9 Exhibit H - IDEM Guidance, #10 Exhibit I - IDEM Guidance, #11 Exhibit J - Vasiliki Keramida Deposition, #12 Exhibit K - IDEM Guidance, #13 Exhibit L - IDEM Guidance, #14 Exhibit M - Work Plan, #15 Exhibit N - Email from Carmen Anderson to John Osborne, #16 Exhibit O - Email from Carmen Anderson to Bernard Fenelon, #17 Exhibit P - Carmen Anderson Deposition, #18 Exhibit Q - 2012 Report, #19 Exhibit R - 2017 Report, #20 Exhibit S - 2015 Report, #21 Exhibit T - Vasiliki Keramida Deposition, #22 Exhibit U - EPA Report, #23 Exhibit V - Bankruptcy Court Hearing, #24 Exhibit W - Keramida Rebuttal Report, #25 Exhibit X - Contract Addendum, #26 Exhibit Y - Letter from Keramida, Inc. to IDEM, #27 Exhibit Z - Letter from Keramida, Inc. to IDEM, #28 Exhibit AA - Keramida Supplement, #29 Exhibit BB - Helen Dawson Deposition, #30 Exhibit CC - Email from IDEM to Bernard Fenelon, #31 Exhibit DD - Peter Zeeb Declaration, #32 Exhibit EE - Amos Hostetler Deposition, #33 Exhibit FF - Deborah Hostetler Deposition, #34 Exhibit GG - Becky Null Deposition, #35 Exhibit HH - Rita Chairez Deposition, #36 Exhibit II - Maria Tovar Deposition, #37 Exhibit JJ - Maria Tovar Deposition, #38 Exhibit KK - Newspaper Articles, #39 Exhibit LL - Letters from R.T. Hammond, #40 Exhibit MM - Goshen News, #41 Exhibit NN - Letter from Andrea Robertson to John Hulewicz, #42 Exhibit OO - Letter from Joseph McCorkel to Andrea Robertson, #43 Exhibit PP - Letter from Joseph McCorkel to Lori VanDiepenbos, #44 Exhibit QQ - Marilyn Cook Deposition, #45 Exhibit RR - Jeff Werwie Deposition)(Hall PHV, Thomas)

December 22, 2017

Filing 313 MOTION To Strike The Expert Opinions Of Dr. Vasilki Keramida by Defendant Johnson Controls Inc. (Attachments: #1 Motion To Strike The Expert Opinions Of Dr. Vasilki Keramida, #2 Appendix)(Hall PHV, Thomas)

December 22, 2017

Filing 312 RESPONSE to Motion re #301 MOTION to Certify Class filed by Johnson Controls Inc. (Attachments: #1 Appendix)(Hall PHV, Thomas)

December 22, 2017

Filing 311 MEMORANDUM in Support of #310 MOTION to Exclude JCI's Experts filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01. Report of Dr. Helen Dawson (09.11.2017), #3 Exhibit 02. 2015 OSWER Technical Guide, #4 Exhibit 03. Keramida Class Area Map (Ex. 2, Fig. 1), #5 Exhibit 04. Dawson Supplemental Report (11.24.2017), #6 Exhibit 05. Dawson Exhibit S1.C-2, Neighborhood Areas with Potential for VI Impacts, #7 Exhibit 06. Presentation, Groundwater to Indoor Air Vapor Intrusion Issues, by Dr. Dawson (06.03.2002), #8 Exhibit 07. Deposition of Dr. Vasiliki Keramida, Nov. 2-3, 2017 [Excerpts], #9 Exhibit 08. Dawson Exhibit B [Curriculum Vitae], #10 Exhibit 09. Deposition of Dr. Helen Dawson, Nov. 28-29, 2017 [Excerpts], #11 Exhibit 10. 2002 OSWER Draft Vapor Guidance, #12 Exhibit 11. Presentation, EPA Vapor Intrusion Database Preliminary Analysis of Attenuation Factors, by Dr. Dawson (Mar. 2008), #13 Exhibit 12. Presentation, Mass Flux Characterization for VI Assessment and Mitigation, by Dr. Dawson (10.2.2014), #14 Exhibit 13. Presentation, Vapor Intrusion (VI) What is it, Why is it a Problem, Regulatory Status, by Dr. Dawson (04.27.2015), #15 Exhibit 14. Presentation, Vapor Intrusion Regulatory Update and Advances in Assessment Tools, by Dr. Dawson (01.14.2016), #16 Exhibit 15. Dawson Exhibit D3, Sewer Gas Sampling Results 20162017, #17 Exhibit 16. Dawson Exhibit E-1, Sub-Slab Sampling Data (2011-2017), #18 Exhibit 17. Dawson Exhibit E-2, Indoor Air Sampling Data (2011-2017), #19 Exhibit 18. Transcript of Dr. Dawson's Mar. 19, 2013 Speech at AHES Vapor Intrusion Workshop [Excerpt], #20 Exhibit 19. GZA Drawing of Sanitary Sewer 2s Connections (9.30.2016), #21 Exhibit 20. Dawson Exhibit S3.3, Fidler's Drive Home Sewer Connections, #22 Exhibit 21. Dawson Exhibit D-2, Utility Backfill Vapor Analytical Results, #23 Exhibit 22. Dawson Exhibit S1.C-1, Monitoring Well Data, May 2017, #24 Exhibit 23. Photos of 519 S. 15th Crawlspace, #25 Exhibit 24. A+ Radon Invoice for 517 S. 15th & 519 S. 15th, #26 Exhibit 25. Fedoruk Report (09.11.2017), #27 Exhibit 26. Deposition of Dr. Marion Fedoruk, Nov. 10, 2017 [Excerpts])(Barnard, Thomas)

December 22, 2017

Filing 310 MOTION to Exclude JCI's Experts by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

December 19, 2017

Filing 309 ORDER granting #308 Joint Motion to Extend Briefing Deadlines. Defendant FCI's brief in response to Plaintiffs' motion for class certification AND all evidentiary objections or Daubert motions related to class certification are now due by 12/22/2017. This is a text-only order by Judge Jon E DeGuilio on 12/19/2017. (saj)

December 18, 2017

Filing 308 Joint MOTION To Extend Briefing Deadlines by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

December 18, 2017

Filing 307 ORDER granting Motion [DE 306] to the extent that Johnson Controls may have up to 35 pages for its response to the motion for class certification, and the Plaintiffs may have up to 20 pages for their reply. The parties may also have up to 30 pages for the opening and response briefs on the Daubert motions. Signed by Judge Jon E DeGuilio on 12/18/17. (ksp)

December 12, 2017

Filing 306 MOTION Unopposed to File Oversized Brief In Response to Plaintiffs' Motion for Class Certification & To File Oversized Daubert Brief by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

November 1, 2017

Filing 305 ORDER: Court GRANTS #297 Motion for Extension of Fact Discovery Deadline. The eighteen depositions MUST be completed by 12/1/2017. Parties ADVISED that no further extensions of the fact discovery deadline will be granted absent extraordinary circumstances. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/1/2017. cc: Tocon Holdings (tc)

October 30, 2017

Filing 304 REPLY to Response to Motion re #297 MOTION for Extension of Time to Complete Discovery /Extension Of Fact Discovery Deadline For The Limited Purpose Of Deposing Individuals Whose Interviews Formed The Basis Of Plaintiffs' Expert's Opinions Regarding Asbestos And To Accommod ate Two Rescheduled Depositions filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Deposition Cover Sheets, #3 Exhibit B - Farrell Dep., #4 Exhibit C - Barhydt Dep., #5 Exhibit D - Zeller Dep., #6 Exhibit E - Deposition Calendar)(Hall PHV, Thomas)

October 30, 2017

Filing 303 AFFIDAVIT in Support re #301 MOTION to Certify Class (Affidavit of Vasiliki Keramida, Ph.D.) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. V. Keramida Resume, #3 Exhibit 2. Figures (Part 1 of 3), #4 Exhibit 2. Figures (Part 2 of 3), #5 Exhibit 2. Figures (Part 3 of 3), #6 Exhibit 3. E2600-15 Vapor Encroachment Screening, #7 Exhibit 4. Vapor Data Tables 1-12, #8 Exhibit 5. Goshen Utilities & Sewers, #9 Exhibit 6. USEPA June 2015 OSWER, #10 Exhibit 7. Questionnaires of Interviews with Residents)(Barnard, Thomas)

October 30, 2017

Filing 302 MEMORANDUM in Support of #301 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. Class Area Map, #3 Exhibit 2. Greene v. Will, No. 3-09-CV-510-PPS-CAN (N.D. Ind. Jan. 29, 2013), #4 Exhibit 3. Phase I Environmental Site Assessment, #5 Exhibit 4. JCI TCE Spill Summary, #6 Exhibit 5. Site Investigation Report for the Johnson Controls Facility, #7 Exhibit 6. Historical Investigation Summary, #8 Exhibit 7. Letter from GZA to David Troup (11.25.2014), #9 Exhibit 8. USEPA IRIS TCE Report, #10 Exhibit 9. 1992 516 S. 15th Drinking Water Results, #11 Exhibit 10. Pinnyei v. Johnson Controls, Laslo Pinnyei Medical History, #12 Exhibit 11. Pinnyei Settlement Order, #13 Exhibit 12. Letter from IDEM to JCI (05.09.2003), #14 Exhibit 13. Letter from JCI to IDEM (05.28.2003), #15 Exhibit 14. Letter from JCI to IDEM (11.03.2003), #16 Exhibit 15. GZA Vapor Intrusion Report, #17 Exhibit 16. GZA 2016 1st Semi-Annual Report, #18 Exhibit 17. 2006 Asbestos Survey, #19 Exhibit 18. USEPA Action Memo, #20 Exhibit 19. Email from D. Troup to J. Werwie (12.10.2014), #21 Exhibit 20. Email from Carmen Anderson to Corey Webb (07.02.2014), #22 Exhibit 21. Affidavit of Penny Scott (01.13.2015), #23 Exhibit 22. Affidavit of Penny Scott (12.15.2016), #24 Exhibit 23. List of Class Properties, #25 Exhibit 24. Affidavit of Amos Hostetler, #26 Exhibit 25. Affidavit of Debbie Hostetler, #27 Exhibit 26. Affidavit of Rita Chairez, #28 Exhibit 27. Affidavit of Becky Null, #29 Exhibit 28. Affidavit of Maria Tovar, #30 Exhibit 29. Greene v. Will, No. 3-09-CV-510-PPS-CAN (N.D. Ind. Apr. 16, 2013), #31 Exhibit 30. Declaration of Thomas A. Barnard, #32 Exhibit 31. Declaration of John D. Ulmer, #33 Exhibit 32. In re Behr Dayton Thermal Products, LLC, No. 3-08-cv-326 (S.D. Ohio Mar. 20, 2017))(Barnard, Thomas)

October 30, 2017

Filing 301 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

October 30, 2017

Filing 300 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO EXTEND CLASS-RELATED EXPERT DISCOVERY DEADLINE AND CLASS-RELATED BRIEFING SCHEDULE #299 . IT IS, THEREFORE, ORDERED that: The class-related expert discovery deadline is extended to and including 11/29/2017; and the briefing schedule related to Plaintiffs' Motion for Class Certification is amended as follows: Defendant JCI's brief in response must be filed by 12/20/2017; All evidentiary objections or Daubert motions are due by 12/20/2017; Plaintiffs' reply brief in support of their Motion for Class Certification is due by 2/5/2018; Response briefs in opposition are due by 2/5/2018; and Reply briefs in support are due by 3/9/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/30/2017. (jss)

October 27, 2017

Filing 299 MOTION for Extension of Time to Complete Discovery (Unopposed Motion To Extend Class-Related Expert Discovery Deadline and Class-Related Briefing Schedule) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

October 27, 2017

Filing 298 RESPONSE to Motion re #297 MOTION for Extension of Time to Complete Discovery /Extension Of Fact Discovery Deadline For The Limited Purpose Of Deposing Individuals Whose Interviews Formed The Basis Of Plaintiffs' Expert's Opinions Regarding Asbestos And To Accommod filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Ex. 1. JCI's Initial Disclosures (9.22.2016), #3 Exhibit Ex. 2. Deposition Transcript of Kari Pfisterer (6.7.2017), #4 Exhibit Ex. 3. Deposition Transcript of Cliff Folkert (6.9.2017), #5 Exhibit Ex. 4. 9.11.2017 Email from Plaintiffs to JCI, #6 Exhibit Ex. 5. 9.15.2017 Email from Plaintiffs to JCI, #7 Exhibit Ex. 6. Plaintiffs Supplemental Rule 26(a) Initial Disclosures (9.27.2017), #8 Exhibit Ex. 7. 10.5.2017 Email from JCI to Plaintiffs, #9 Exhibit Ex. 8. JCI Amended Rule 26(a) Disclosures (10.5.2017), #10 Exhibit Ex. 9. 10.20.2017 Email from Plaintiffs to JCI, #11 Exhibit Ex. 10. 9.15.2017 Email from JCI to Plaintiffs, #12 Exhibit Ex. 11. 9.22.2017 Email from Plaintiffs to JCI, #13 Exhibit Ex. 12. 10.24.2017 Email from Plaintiffs to JCI, #14 Exhibit Ex. 13. 9.21.2017 Email from JCI to Plaintiffs, #15 Exhibit Ex. 14. 9.21.2017 Email from Plaintiffs to JCI, #16 Exhibit Ex. 15. 10.26.2017 Email from Plaintiffs to JCI)(Barnard, Thomas)

October 26, 2017

Filing 297 MOTION for Extension of Time to Complete Discovery /Extension Of Fact Discovery Deadline For The Limited Purpose Of Deposing Individuals Whose Interviews Formed The Basis Of Plaintiffs' Expert's Opinions Regarding Asbestos And To Accommodate Two Rescheduled Depositions by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 9/22/17 email, #3 Exhibit B - 10/11/17 email, #4 Exhibit C - 10/4/17 email, #5 Exhibit D - 9/15/17 email, #6 Exhibit E - Plfs' 2016 Initial Disclosures, #7 Exhibit F - Plfs' 2017 Supp Initial Disclosures, #8 Exhibit G - 10/9/17 email, #9 Exhibit H - 10/20/17 email, #10 Exhibit I - JCI 2016 Initial Disclosures, #11 Exhibit J - 2016 Dep. Excerpts, #12 Exhibit K - 10/26/17 email)(Hall PHV, Thomas)

October 2, 2017

Filing 296 ORDER granting #295 Motion to Withdraw as Attorney. Attorney Stacey L Trimmer PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 10/2/17. (slm)

October 2, 2017

Filing 295 MOTION to Withdraw as Attorney by Defendant Johnson Controls Inc. (Trimmer PHV, Stacey)

September 27, 2017

Filing 294 ORDER on Motion to Clarify (DE #282). The Court accordingly clarifies that its order does not prohibit the Plaintiffs from modifying their motion or filings as appropriate. Like the Plaintiffs, the Court would not anticipate that any substantive changes would be necessary, given the amount of time the parties have already had to conduct discovery as to certification. To the extent anything new comes up that should be addressed, though, it is better to do so in the opening brief instead of confining the discussion to the response and reply briefs. If, as Johnson Controls is concerned, the Plaintiffs have violated their disclosure obligations relative to any new matters they include in their refiled motion, that can be addressed through a motion to strike, but the Court is hopeful that will not be necessary. Signed by Judge Jon E DeGuilio on 9/27/17. (ksp)

September 19, 2017

Filing 293 AMENDED ORDER: The Court ADOPTS IN PART #249 MOTION To Adopt Special Master Duffin's July 7, 2017 by Plas (3:14-cv-01593) and #275 (3:15-cv-00226); SUSTAINS JCI's #248 OBJECTION by Johnson Controls Inc (3:14-cv-01593) and #274 (3:15-cv-00226), to the extent that the content of the materials at issue constitute legal advice as outlined; DENIES IN PART Plas' 210 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants by Plas (3:14-cv-01593) and #204 (3:15-cv-00226) and GRANTS IN PART JCI's #219 Cross MOTION for Protective Order by Dft Johnson Controls Inc (3:14-cv-01593) and #212 (3:15-cv-00226). The Court ORDERS JCI to produce any relevant discovery and respond to any relevant request or interrogatory, which are NOT included within the categories of privileged and protected information described above by 9/25/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/19/2017. (Copy mailed to pro se party)(lhc)

September 14, 2017

Filing 292 ORDER: The Court ADOPTS IN PART #249 MOTION To Adopt Special Master Duffin's July 7, 2017 by Plas (3:14-cv-01593) and #275 (3:15-cv-00226); SUSTAINS JCI's #248 OBJECTION by Johnson Controls Inc (3:14-cv-01593) and #274 (3:15-cv-00226), to the extent that the content of the materials at issue constitute legal advice as outlined; DENIES IN PART Plas' 210 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants by Plas (3:14-cv-01593) and #204 (3:15-cv-00226) and GRANTS IN PART JCI's #219 Cross MOTION for Protective Order by Dft Johnson Controls Inc (3:14-cv-01593) and #212 (3:15-cv-00226). The Court ORDERS JCI to produce any relevant discovery and respond to any relevant request or interrogatory, which are included within the categories of privileged and protected information described above by 9/25/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/14/2017. (Copy mailed to pro se party)(lhc)

September 1, 2017

Filing 291 ORDER GRANTING #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs by Defendant Johnson Controls Inc. Counsel ORDERED to coordinate a date for each Named Plaintiff to be deposed before October 30, 2017, the deadline for the close of all fact discovery. None of the continued depositions shall extend beyond four hours. Johnson Controls Inc may only pose questions that were not asked or answered in the May 2015 round of depositions. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/1/17. (cc: Tocon Holdings LLC; Gene Duffin). (cer)

August 28, 2017

Filing 290 REPLY to Response to Motion re #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Deposition Transcript Excerpt of Dr. Peter Orris, #2 Exhibit B - Expert Report of Dr. Marion J. Fedoruk)(Hall PHV, Thomas)

August 28, 2017

Filing 289 OPINION AND ORDER: GRANTING #222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) by Defendant Johnson Controls Inc and DENYING #216 MOTION to Remand to State Court (Renewed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. DENYING as moot, #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane by Defendant Johnson Controls Inc. The Court declines to impose an award of attorneys' fees. Signed by Judge Jon E DeGuilio on 8/28/2017. (Copy mailed to pro se party)(lhc)

August 25, 2017

Filing 288 RESPONSE to Motion re #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. Report of Dr. Peter Orris (03.17.2017), #3 Exhibit 2. Becky Null's Responses to JCI's 1st RFPs, #4 Exhibit 3. JCI's 2015 Motion to Compel, #5 Exhibit 4. Plaintiffs' Response to JCI's 2015 MTC, #6 Exhibit 5. May 5, 2015 Hearing Transcript, #7 Exhibit 6. Questions Related to Injuries & Damages From JCI's Prior Depositions of Plaintiffs, #8 Exhibit 7. Amos Hostetler Deposition Transcript (05.19.2015), #9 Exhibit 8. Deborah Hostetler Deposition Transcript (05.19.2015), #10 Exhibit 9. Rita Chairez Deposition Transcript (05.20.2015), #11 Exhibit 10. Becky Null Deposition Transcript (05.21.2015), #12 Exhibit 11. Maria Tovar Deposition Transcript (05.20.2015), #13 Exhibit 12. Email from Jeff Werwie (04.13.2014))(Barnard, Thomas)

August 23, 2017

Filing 287 RESPONSE to Motion re #282 MOTION To Clarify The Court's Order Dated August 1, 2017 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

August 21, 2017

Filing 286 ORDER re #284 setting briefing schedule. Reply to be filed by 8/28/2017., Response to be filed by 8/25/2017). Approved by Magistrate Judge Michael G Gotsch, Sr on 8/21/17. (TEXT ONLY ENTRY)(slm)

August 18, 2017

Filing 285 MEMORANDUM in Support of #284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpts from A. Hostetler Tr., #3 Exhibit B - Excerpts from D. Hostetler Tr., #4 Exhibit C - Excerpts from Chairez Tr., #5 Exhibit D - Excerpts from Tovar Tr., #6 Exhibit E - Excerpts from Null Tr., #7 Exhibit F - Excerpts from Null's Responses to JCI's First Requests for Production, #8 Exhibit G - Excerpts from A. and D. Hostetler's Responses to JCI's First Requests for Production, #9 Exhibit H - Excerpts from Chairez's Responses to JCI's First Requests for Production, #10 Exhibit I - Excerpts from Tovar's Responses to JCI's First Requests for Production, #11 Exhibit J - Excerpts from A. and D. Hostetler's Answers to JCI's First Interrogatories, #12 Exhibit K - Excerpts from Chairez's Answers to JCI's First Interrogatories, #13 Exhibit L - Excerpts from Tovar's Answers to JCI's First Interrogatories, #14 Exhibit M - Excerpts from Null's Answers to JCI's First Interrogatories, #15 Exhibit N - Notice of Deposition of Plaintiffs, #16 Exhibit O - Email from Thomas Barnard)(Hall PHV, Thomas)

August 18, 2017

Filing 284 MOTION for Leave to Continue the Depositions of the Named Plaintiffs by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

August 10, 2017

Filing 283 ORDER: The Court ORDERS Plaintiffs and JCI to deliver the same documents reviewed by Special Master Duffin directly to the undersigned at 201 Robert A. Grant Federal Courthouse, 204 S. Main St., South Bend, IN 46601, by 8/17/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/10/2017. (Copy mailed to pro se party)(lhc)

August 9, 2017

Filing 282 MOTION To Clarify The Court's Order Dated August 1, 2017 by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - Email dated August 9, 2017)(Hall PHV, Thomas)

August 1, 2017

Filing 281 ORDER GRANTING #277 MOTION (Joint) for Extension of Time to Complete Discovery by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. All class-related fact discovery in Hostetler must be completed by 8/31/2017. JCI must disclose any class-related expert reports in Hostetler by 9/11/2017. All expert discovery in Schmucker and class-related expert discovery in Hostetler must be completed by 10/30/2017. JCI must file any response to the Hostetler Plaintiffs' Motion for Class Certification by12/6/2017. All evidentiary objections or Daubert motions related to the Hostetler Plaintiffs' Motion for Class Certification are due on 12/6/2017. The Hostetler Plaintiffs' reply brief in support of their Motion for Class Certification is 1/22/2018. Response briefs in opposition to any evidentiary motions or Daubert motions in Hostetler (as to class certification) are due on 1/22/2018. Reply briefs in support of any evidentiary objections or Daubert motions are due on 2/23/2018. Hostetler Plaintiffs' Motion for Class Certification is DISMISSED. Plaintiffs ORDERED to refile it 10/30/2017 which coincides with the deadline for all class-related discovery. Signed by Judge Jon E DeGuilio on 8/1/17. (cc: Gene Duffin; Tocon Holdings LLC). (cer)

July 28, 2017

Filing 280 RESPONSE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar to #274 Objection, . (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Ex. #1, May 12, 2017 Transcript of Hearing Before Special Master Duffin)(Barnard, Thomas)

July 26, 2017

Filing 279 RESPONSE to Motion re #275 MOTION To Adopt Special Master Duffin's July 7, 2017 Order re #267 Order,, Set Deadlines, filed by Johnson Controls Inc. (Hall PHV, Thomas)

July 25, 2017

Filing 278 ORDER GRANTING #276 MOTION for Extension of Time to File Response/Reply as to 274 Objection, Unopposed, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. Response to be filed by 7/28/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/25/2017. (copy to pro se parties)(lhc)

July 25, 2017

Filing 277 Joint MOTION for Extension of Time to Complete Discovery by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

July 24, 2017

Filing 276 MOTION for Extension of Time to File Response/Reply as to #274 Objection, Unopposed, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

July 21, 2017

Filing 275 MOTION To Adopt Special Master Duffin's July 7, 2017 Order re #267 Order,, Set Deadlines, by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

July 21, 2017

Filing 274 OBJECTION by Johnson Controls Inc to #267 Order,, Set Deadlines, Johnson Controls Inc.'s Memorandum of Law Objecting to the Special Master's Order dated June 7, 2017. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Challenged Documents Log, #3 Exhibit B - Hearing Transcript Excerpt)(Hall PHV, Thomas)

July 14, 2017

Filing 273 AFFIDAVIT in Support re #271 MOTION to Certify Class (Affidavit of Vasiliki Keramida, Ph.D.) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. V. Keramida Resume, #3 Exhibit 2. Figures (Part 1 of 3), #4 Exhibit 2. Figures (Part 2 of 3), #5 Exhibit 2. Figures (Part 3 of 3), #6 Exhibit 3. E2600-15 Vapor Encroachment Screening, #7 Exhibit 4. Vapor Data Tables 1-12, #8 Exhibit 5. Goshen Utilities & Sewers, #9 Exhibit 6. USEPA June 2015 OSWER, #10 Exhibit 7. Questionnaires of Interviews with Residents)(Barnard, Thomas)

July 14, 2017

Filing 272 MEMORANDUM in Support of #271 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1. Class Area, #3 Exhibit 2. Greene v. Will, No. 3:09-CV-510-PPS-CAN (N.D. Ind. Jan. 29, 2013), #4 Exhibit 3. Phase I Environmental Site Assessment, #5 Exhibit 4. JCI TCE Spill Summary, #6 Exhibit 5. Site Investigation Report for the Johnson Controls Facility, #7 Exhibit 6. Historical Investigation Summary, #8 Exhibit 7. Letter from GZA to David Troup (11.25.2014), #9 Exhibit 8. USEPA IRIS TCE Report, #10 Exhibit 9. 1992 516 S. 15th Drinking Water Results, #11 Exhibit 10. Pinnyei v. Johnson Controls, Laslo Pinnyei Medical History, #12 Exhibit 11. Pinnyei Settlement Order, #13 Exhibit 12. Letter from IDEM to JCI (05.09.2003), #14 Exhibit 13. Letter from JCI to IDEM (05.28.2003), #15 Exhibit 14. Letter from JCI to IDEM (11.03.2003), #16 Exhibit 15. GZA Vapor Intrusion Report, #17 Exhibit 16. GZA 2016 1st Semi-Annual Report, #18 Exhibit 17. 2006 Asbestos Survey, #19 Exhibit 18. USEPA Action Memo, #20 Exhibit 19. Email from D. Troup to J. Werwie, #21 Exhibit 20. Email from Carmen Anderson to Corey Webb, #22 Exhibit 21. Affidavit of Penny Scott (01.13.2015), #23 Exhibit 22. Affidavit of Penny Scott (12.15.2016), #24 Exhibit 23. List of Class Properties, #25 Exhibit 24. Affidavit of Amos Hostetler, #26 Exhibit 25. Affidavit of Debbie Hostetler, #27 Exhibit 26. Affidavit of Rita Chairez, #28 Exhibit 27. Affidavit of Becky Null, #29 Exhibit 28. Affidavit of Maria Tovar, #30 Exhibit 29. Greene v. Will, No. 3:09-CV-510-PPS-CAN (N.D. Ind. Apr. 16, 2013), #31 Exhibit 30. Declaration of Thomas A. Barnard, #32 Exhibit 31. Declaration of John D. Ulmer, #33 Exhibit 32. In re Behr Dayton Thermal Products, LLC, No. 3:08-cv-326 (S.D. Ohio Mar. 20, 2017))(Barnard, Thomas)

July 14, 2017

Filing 271 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

July 12, 2017

Filing 270 AFFIDAVIT re #246 Affidavit in Support of Motion,,,, of Dr. Abraham J. Wyner/Sur-Rebuttal Expert Report by Johnson Controls Inc. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2)(Hall PHV, Thomas)

July 12, 2017

Filing 269 REPLY to Response to Motion re #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane filed by Johnson Controls Inc. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Hall PHV, Thomas)

July 11, 2017

Filing 268 NOTICE of Change of Address/Contact Information /Firm Affiliation (Hall PHV, Thomas)

July 10, 2017

Filing 267 ORDER: The Court DIRECTS the Clerk to file the attached email and proposed order from Special Master Duffin. The Court REMINDS the parties that they may file an objection or a motion for the Court to adopt or modify Special Master Duffin's report dated July 7, 2017 by 7/21/2017. Any response to any objection must be filed by 7/26/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/10/2017. (Attachments: #1 Email and Proposed Order)(Copy mailed to pro se party)(lhc)

June 12, 2017

Filing 266 RESPONSE to Motion re #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Rebuttal Affidavit of Dr. Joseph B. Kadane, #3 Exhibit Deposition Transcript of Dr. Joseph B. Kadane (Excerpts), #4 Exhibit Deposition Transcript of Dr. Abraham J. Wyner (Excerpts), #5 Exhibit Deposition Transcript of Jennifer Zeller (Excerpts), #6 Exhibit Deposition Transcript of David Wintrode (Excerpts), #7 Exhibit Deposition Transcript of Gil Hirschy (Excerpts), #8 Exhibit Deposition Transcript of Dallas Kunkle (Excerpts), #9 Exhibit Deposition Transcript of Gerard Alexander (Excerpts), #10 Exhibit Deed for 809 N. Division Street, Bristol, IN (Karen M. McFall to Tony A. Bures), #11 Exhibit Records of property transfer of 1107 Egbert Ave. (Levi Schrock to Delta Tinkel))(Barnard, Thomas)

June 12, 2017

Filing 265 REPLY to Response to Motion re #216 MOTION to Remand to State Court (Renewed) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Rebuttal Affidavit of Dr. Joseph B. Kadane, #3 Exhibit Deposition Transcript of Dr. Joseph B. Kadane (Excerpts), #4 Exhibit Deposition Transcript of Dr. Abraham J. Wyner (Excerpts), #5 Exhibit Deposition Transcript of Jennifer Zeller (Excerpts), #6 Exhibit 2010 Census Briefs, Households and Families)(Barnard, Thomas)

June 8, 2017

Filing 264 ORDER GRANTING #263 MOTION to Amend/Correct 262 Order on Motion to Compel, Order on Motion for Protective Order, to correct June 6, 2017 Order adopting Special Master Duffin's Report by Defendant Johnson Controls Inc. The Court CORRECTS its order dated June 6, 2017, adopting Special Master Duffin's Report [1593, DE #243 ; 226, DE #262 ] by GRANTING the Hostetler Plaintiffs' motion to withdraw their Vapor Intrusion Investigation Motion. The Vapor Intrusion Investigation Motion is WITHDRAWN. [226, DE #231 ]. All other parts of this Court's June 6, 2017, order remain in full force and effect. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/8/2017. (Copy mailed to pro se party)(lhc)

June 7, 2017

Filing 263 MOTION to Amend/Correct #262 Order on Motion to Compel,,,,,,,, Order on Motion for Protective Order,,,,,,, to correct June 6, 2017 Order adopting Special Master Duffin's Report by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A -Hearing Transcript)(Hall PHV, Thomas)

June 6, 2017

Filing 262 ORDER: The Court ADOPTS Special Master Duffin's Report pursuant to Fed. R. Civ. P. 53(f)(1). [1593, DE #241 ; 226, DE #261 ]. Plaintiffs' motion to compel is DENIED. [1593, DE 193 ; 226, DE #177 ]. The Hostetler Plaintiffs' motion to compel is GRANTED. [226, DE #231 ]. The Court TAKES UNDER ADVISEMENT Plaintiffs' Motion to Compel Production of Discovery Involving Third-Party Environmental Consultants [1593, DE 210 ; 226, DE #204 ] and Johnson Controls, Inc.'s (JCIs) Cross Motion for Protective Order [1593, DE #219 ; 226, DE #212 ] pending receipt of Special Master Duffin's Report due July 7, 2017. [See 1593, DE #240 ; 226, DE #258 ]. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/6/2017. (Copy mailed to Duffin and Tocon Holdings LLC)(lhc)

May 31, 2017

Filing 260 ORDER granting #257 Motion for Leave to File oversize brief in support of Motion for Class Certification. Excess Pages. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/31/17. (slm)

May 30, 2017

Filing 261 E-MAIL and Proposed Order from Special Master Gene Duffin re #258 Order. (cer) (Additional attachment(s) added on 6/5/2017: #1 Email) (slm).

May 30, 2017

Filing 259 SCHEDULING ORDER. Plaintiff must file their motion for class certification by July 14, 2017. Plaintiff must also disclose any class-related expert reports by July 14, 2017. All class-related fact discovery ends on July 30, 2017.Defendant must disclose any class-related expert reports by August 31, 2017.All class-related expert discovery ends on September 29, 2017. The deadline for the completion of all fact discovery is October 30, 2017. Defendant must file any response to Plaintiffs' motion for class certification by November 1, 2017. All evidentiary objections or Daubert motions related to Plaintiffs' motion for class certification must also be filed by November 1, 2017. Plaintiffs must file any reply brief related to their motion for class certification by December 15, 2017. Any response brief in opposition to all evidentiary objections or Daubert motions are also due by December 15, 2017.All reply briefs in support of any evidentiary objections or Daubert motions are due January 15, 2018. The deadline for the completion of all expert discovery is February 28, 2018. By separate order, the presiding judge will set deadlines for non-class-related evidentiary objections or Daubert motions and all other dispositive motions at the appropriate time. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/30/17. (ksp)

May 30, 2017

Filing 258 ORDER: Clerk DIRECTED to file the E-mail and Proposed Order from Special Master Gene Duffin. Parties EXPECTED to comply with the deadlines set by Special Master Duffin regarding the remaining discovery dispute. Parties REMINDED that they may file an objection--or a motion for the Court to adopt or modify--Special Master Duffin's report dated 5/18/2017 by 6/1/2017. Any response to any objection to be filed by 6/6/2017. Special Master Duffin to prepare and file on the docket a written report as outlined in Order by 7/7/2017. By the same date, Special Master Duffin must serve the report on each party. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/30/17. (cc: Gene Duffin; Tocon Holdings LLC). (cer)

May 30, 2017

Filing 257 MOTION for Leave to File Excess Pages for Brief in Support of Motion for Class Certification (Unopposed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

May 18, 2017

Filing 256 NOTICE by Johnson Controls Inc Joint Revised Case Management Plan (Hall PHV, Thomas)

May 15, 2017

Filing 255 ORDER granting #254 Motion for Extension of Time to File Revised Case Management Plan. Joint Proposed Discovery due by 5/18/2017. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/15/17. (cck)

May 11, 2017

Filing 254 MOTION for Extension of Time to File Revised Case Management Plan (Unopposed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

May 9, 2017

Filing 253 ORDER granting #252 Motion for Extension of Time to File Revised Case Management Plan. Joint Proposed Discovery due by 5/11/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 5/9/17. (slm)

May 8, 2017

Filing 252 MOTION for Extension of Time to File REVISED CASE MANAGEMENT PLAN by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

April 28, 2017

Filing 251 ORDER GRANTING #250 MOTION for Extension of Time to File Revised Case Management Plan (Unopposed) by Defendant Johnson Controls Inc. The Revised Case Management Plan is due on 5/8/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/28/2017. (lhc)

April 27, 2017

Filing 250 MOTION for Extension of Time to File Revised Case Management Plan (Unopposed) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

April 20, 2017

Filing 249 ORDER GRANTING #247 MOTION for Extension of Time to File Response/Reply as to #245 MOTION to Strike the Expert Report of Dr. Joseph Kadane, #216 MOTION (Renewed/Unopposed) to Remand to State Court by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. Plaintiffs' Reply Brief in Support of their Renewed Motion to Remand and Plaintiffs' Brief in Response to Defendant Johnson Controls Inc's Motion to Strike the Expert Report of Dr Joseph Kadane are due 6/12/2017. Defendant Johnson Controls Inc's Reply Brief in Support of its Motion to Strike the Expert Report of Dr Joseph Kadane is due 7/12/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/20/17. (cc: Tocon Holdings LLC; Gene Duffin).(cer)

April 18, 2017

Filing 248 NOTICE by Becky Null, Maria Tovar re #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds Notice of Supplemental Authority (Attachments: #1 Exhibit Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 1-14-cv-00006-RLM-SLC (N.D. Ind. Apr. 14, 2017))(Barnard, Thomas)

April 14, 2017

Filing 247 MOTION for Extension of Time to File Response/Reply as to #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane , #216 MOTION to Remand to State Court (Renewed) [Unopposed] by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

April 11, 2017

Filing 246 AFFIDAVIT in Support re #245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane // Expert Report of Dr. Abraham Wyner filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Kadane Report, #3 Exhibit 2 - Wyner CV, #4 Exhibit 3 - Materials considered, #5 Exhibit 4 - Past testimony, #6 Exhibit 5 - Kadane Depo Tr, #7 Exhibit 6 - Scott Affidavit (2016), #8 Exhibit 7 - Kadane data table, #9 Exhibit 8 - Zeller Declaration, #10 Exhibit 9 - Cohen Depo Tr, #11 Exhibit 10 - Random #48, #12 Exhibit 11 - Random #50, #13 Exhibit 12 - Scott Affidavit (2015), #14 Exhibit 13 - Kadane invoice, #15 Exhibit 14 - Kadane data table (2), #16 Exhibit 15 - Random #24, #17 Exhibit 16 - Investigator notes, #18 Exhibit 17 - Random #89, #19 Exhibit 18 - Hirschy Depo Tr, #20 Exhibit 19 - Random #28, #21 Exhibit 20 - McFall property record, #22 Exhibit 21 - Random #74, #23 Exhibit 22 - Random #55, #24 Exhibit 23 - Random #67, #25 Exhibit 24 - Random #78, #26 Exhibit 25 - Tinkel property record, #27 Exhibit 26 - Random #3)(Hall PHV, Thomas)

April 11, 2017

Filing 245 MOTION To Strike The Expert Report Of Dr. Joseph Kadane by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Kadane Depo Tr., #3 Exhibit B - Scott Depo Tr. No. 1, #4 Exhibit C - Class Area List, #5 Exhibit D - Wintrode Depo Tr., #6 Exhibit E - Kunkle Depo Tr., #7 Exhibit F - Alexander Depo Tr., #8 Exhibit G - Hirschy Depo Tr., #9 Exhibit H - Random #28 & 90, #10 Exhibit I - Zeller Decl., #11 Exhibit J - Groves Excerpts, #12 Exhibit K - Scott Depo Tr. No. 2, #13 Exhibit L - Random # 15, #14 Exhibit M - Kadane000041, #15 Exhibit N - Reference Guide Excerpts, #16 Exhibit O - International Handbook Excerpts, #17 Exhibit P - Research Design Excerpts, #18 Exhibit Q - Random #3, #19 Exhibit R - Random #61, #20 Exhibit S - Random #42, #21 Exhibit T - Hendershot Excerpts, #22 Exhibit U - Random #24, #23 Exhibit V - Wintrode Notes, #24 Exhibit W - Random #78, #25 Exhibit X - Random #74)(Hall PHV, Thomas)

April 11, 2017

Filing 244 RESPONSE to Motion re #216 MOTION to Remand to State Court (Renewed) filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Millman Order, #3 Exhibit B - Chairez Rog Responses (Juris), #4 Exhibit C - CR Affidavit, #5 Exhibit D - Chairez Depo Tr, #6 Exhibit E - Chairez Rog Responses, #7 Exhibit F - Hostetler Rog Responses (Juris), #8 Exhibit G - Hostetler Depo Tr, #9 Exhibit H - Hostetler Rog Responses, #10 Exhibit I - Kadane Depo Tr, #11 Exhibit J - Alexander Depo Tr, #12 Exhibit K - Hirschy Depo Tr, #13 Exhibit L - Wintrode Depo Tr, #14 Exhibit M - Kunkle Depo Tr, #15 Exhibit N - Scott Depo Tr)(Hall PHV, Thomas)

April 10, 2017

Filing 243 ORDER: The Court REFERS #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar to Special Master Gene R Duffin. The Court ACKNOWLEDGES that Special Master Duffin has already scheduled a hearing for May 12, 2017 on previously referred discovery motions. The Court EXPECTS this newly referred motion to be addressed at the May 12, 2017 hearing and included in Special Master Duffin's Written Report which is due 5/24/2017. The scope of authority for Special Master Duffin on the instant Motion is the same as outlined in the Court's previous referral Order (DE #225 ). Signed by Magistrate Judge Michael G Gotsch, Sr on 4/10/17. (cc: Gene R Duffin; Tocon Holdings LLC).(cer)

April 10, 2017

Filing 242 ORDER GRANTING #241 MOTION for Extension of Time to File Report. The deadline for Special Master Duffin to file a written report on the discovery matters to be heard at his 5/12/2017 hearing is EXTENDED until 5/24/2017. Signed by Magistrate Judge Michael G Gotsch Sr on 4/10/2017. (cc: Gene Duffin; Tocon Holdings LLC). (cer)

April 7, 2017

Filing 240 REPLY to Response to Motion re #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

April 6, 2017

Filing 239 ORDER granting #238 Motion to Withdraw as Attorney. Attorney Scott W Coyle PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 4/6/17. (cck)

April 5, 2017

Filing 238 MOTION to Withdraw as Attorney - Scott W. Coyle by Defendant Johnson Controls Inc. (Coyle PHV, Scott)

March 30, 2017

Filing 237 ORDER granting #236 Motion for Extension of Time to File Reply to #231 Reply to be filed by 4/7/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 3/30/17. (slm)

March 29, 2017

Filing 236 MOTION for Extension of Time to File Response/Reply as to #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

March 27, 2017

Filing 241 MOTION for Extension of Time to File Written Report on Pending Discovery Matters by Special Master Gene Duffin. (cer)

March 24, 2017

Filing 235 RESPONSE to Motion re #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 filed by Johnson Controls Inc. (Attachments: #1 Index, #2 Exhibit A - Werwie Tr. Excerpts, #3 Exhibit B - 2017 Vapor Testing, #4 Exhibit C - 2015 Vapor Testing, #5 Exhibit D - Plaintiffs' Vapor Testing Results, #6 Exhibit E - Ryan Tr. Excerpts)(Hall PHV, Thomas)

March 14, 2017

Filing 234 ORDER granting #233 Application to Appear Pro Hac Vice of Attorney Stacey L Trimmer PHV for Johnson Controls Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/14/17. (mtr)

March 13, 2017

Filing 233 Application for Attorney Stacey L. Trimmer to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3193283(Pro Hac Vice Temporary login, )

March 10, 2017

Filing 232 MEMORANDUM in Support of #231 MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Ex. 1. May 9, 2003 Letter from IDEM to JCI, #3 Exhibit Ex. 2. Excerpt of Deposition of Jeff Werwie (Oct. 10, 2016), #4 Exhibit Ex. 3. May 28, 2003 Letter from JCI to IDEM, #5 Exhibit Ex. 4. Engineering Building Air Sampling Draft Work Plan, #6 Exhibit Ex. 5. Oct. 3, 2003 Email from JCI to ERM & Indoor Vapor Intrusion Screening Proposal, #7 Exhibit Ex. 6. Oct. 2, 2003 Letter from ERM to IDEM, #8 Exhibit Ex. 7. Oct. 17, 2003 Email from ERM to JCI, #9 Exhibit Ex. 8. Nov. 3, 2003 Letter from JCI to IDEM, #10 Exhibit Ex. 9. Jul. 12, 2012 Vapor Intrusion Report)(Barnard, Thomas)

March 10, 2017

Filing 231 *WITHDRAWN per #264 * MOTION to Compel JCI to Answer Questions About its Decision to Not Conduct a Vapor Intrusion Investigation in 2003 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas) Modified on 6/9/2017 (lhc).

March 3, 2017

Filing 230 REPLY to Response to Motion re #222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 12/16/2015 Transcript Excerpt)(Hall PHV, Thomas)

March 1, 2017

Filing 229 ORDER granting #226 Motion for Extension of Time to File Response to #216 . Response to be filed by 4/11/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 3/1/17. (slm)

March 1, 2017

Filing 228 ORDER: Court GRANTS #227 Motion to Withdraw Plaintiff's Motions Related to Sewer Vapor Sampling. Plaintiffs' #184 Motion to Compel Results of June 2016 Sewer Vapor Sampling and #201 Motion for Leave to Submit Newly-Discovered Evidence in Support of their Motion to Compel Results of June 2016 Sewer Vapor Sampling are WITHDRAWN. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/1/2017. cc: Special Master Duffin, Tocon Holdings, LLC (tc)

February 28, 2017

Filing 227 MOTION to Withdraw #201 MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling, #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 28, 2017

Filing 226 MOTION for Extension of Time to File Response/Reply as to #216 MOTION to Remand to State Court (Renewed) by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

February 24, 2017

Filing 225 ORDER: Senior Judge Duffin REMAINS the appointed Special Master to address discovery disputes in Hostetler, 3:15cv226-JD-MGG. In addition, the Court now APPOINTS Senior Judge Duffin as Special Master to address discovery disputes in Schmucker, 3:14cv1493-JL-MGG. The Court REFERS the following discovery motions to Special Master Duffin: (1) Plaintiffs Motion to Compel Other Site Discovery [Schmucker, DE 193 ; Hostetler, DE #177 ]; (2) Plaintiffs Motion to Compel Results of June 2016 Sewer Vapor Sampling [Schmucker, DE #195 ; Hostetler, DE #184 ]; (3) Plaintiffs Motion for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling [Schmucker, DE 207 ; Hostetler, DE #201 ]; (4) Plaintiffs Motion to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client Privilege and Work Product Privilege Grounds [Schmucker, DE 210 ; Hostetler, DE #204 ]; and (5) JCIs Cross Motion for Protective Order [Schmucker, DE #219 ; Hostetler, DE #212 ]. The Special Master shall prepare and file a written Report by 4/24/2017. A party may file an objection - or a motion for the Court to adopt or modify - Special Master Duffin's Report within 14 days after the order is served. Any response to a party's objections must be filed within 5 days after the objection or motion is filed. No reply brief will be allowed without leave of Court.. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/24/17. (jld)(cc: Special Master Duffin)

February 24, 2017

Filing 224 RESPONSE to Motion re #222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 21, 2017

Filing 223 ORDER DENYING #218 MOTION (Renewed) to Stay re #216 MOTION to Remand to State Court/Motion to Stay Briefing on the Merits of Plaintiffs' Third Motion to Remand Pending Resolution of JCI's Motion to Strike by Defendant Johnson Controls Inc. The deadline for Johnson Controls Inc to file a Response to the #216 Motion to Remand is EXTENDED until 3/28/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/21/17. (cer). Modified on 2/23/2017. (cer)

February 10, 2017

Filing 222 MOTION To Strike Plaintiff's Third Motion to Remand re #216 MOTION to Remand to State Court (Renewed) by Defendant Johnson Controls Inc. (Attachments: #1 MTS Index of Exhibits, #2 Exhibit A - 7/28/2015 Hrg Tr, #3 Exhibit B - 2016 Survey Responses, #4 Exhibit C - 2015 Survey Responses, #5 Exhibit D - Order in Reece v. AES Corp., #6 Exhibit E - Interrogatory Responses)(Hall PHV, Thomas)

February 10, 2017

Filing 221 REPLY to Response to Motion re #218 MOTION to Stay re #216 MOTION to Remand to State Court (Renewed) /Motion To Stay Briefing On The Merits Of Plaintiffs' Third Motion To Remand Pending Resolution Of JCI's Motion To Strike filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 9, 2017

Filing 220 RESPONSE to Motion re #218 MOTION to Stay re #216 MOTION to Remand to State Court (Renewed) /Motion To Stay Briefing On The Merits Of Plaintiffs' Third Motion To Remand Pending Resolution Of JCI's Motion To Strike filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

February 8, 2017

Filing 219 STATUS REPORT (Joint) by Johnson Controls Inc. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - 5/5/2015 Tr., #3 Exhibit C - 12/1/2014 Tr.)(Hall PHV, Thomas)

February 7, 2017

Filing 218 MOTION to Stay re #216 MOTION to Remand to State Court (Renewed) /Motion To Stay Briefing On The Merits Of Plaintiffs' Third Motion To Remand Pending Resolution Of JCI's Motion To Strike by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A - 2/1/2017 Email)(Hall PHV, Thomas)

January 27, 2017

Filing 217 REPLY to Response to Motion re #212 Cross MOTION for Protective Order filed by Johnson Controls Inc. (Hall PHV, Thomas)

January 27, 2017

Filing 216 MOTION to Remand to State Court (Renewed) by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Ex. 1. Jackson v. Sprint Nextel Corp. D. Kan. Docket, #2 Exhibit Ex. 2. Jackson v. Sprint Nextel Corp. Feb. 9, 2010 Minute Entry, #3 Exhibit Ex. 3. Jackson v. Sprint Nextel Corp. May 18, 2010 Minute Entry, #4 Exhibit Ex. 4. Jackson v. Sprint Nextel Corp. July 20, 2010 Minute Entry, #5 Exhibit Ex. 5. Jackson v. Sprint Nextel Corp. Plaintiffs' 2nd Motion to Remand (Aug. 6, 2010), #6 Exhibit Ex. 6. Engagement Letter, #7 Exhibit Ex. 7. Expert Report of Dr. Joseph B. Kadane, #8 Exhibit Ex. 8. List of Random Survey Years & Properties, #9 Exhibit Ex. 9. Affidavit of Gerald Alexander, #10 Exhibit Ex. 10. Affidavit of Dallas Kunkle, #11 Exhibit Ex. 11. Affidavit of David Wintrode, #12 Exhibit Ex. 12. Affidavit of Gil Hirschy, #13 Exhibit Ex. 13. Survey Interview Questions, #14 Exhibit Ex. 14. Affidavit of Penny Scott)(Barnard, Thomas)

January 25, 2017

Filing 215 OPINION AND ORDER: DENIES #178 MOTION For Entry Of A Lone Pine Case; REMINDS the parties of their ongoing obligation under Fed. R. Civ. P. 26(e); ORDERS the parties to submit a joint status report by 2/8/2017 as outlined in Order; DIRECTS the Clerk to file a copy of this order in Schmucker v. Johnson Controls, Inc., 3:14-cv-1593-JD-MGG; SETS fact discovery deadline for 6/30/2017; and ORDERS the parties to submit a revised case management plan no later than 5/1/2017 as outlined in Order. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/25/2017. (lhc)(cc: Tocon Holdings LLC)

January 20, 2017

Filing 214 RESPONSE to Motion re #212 Cross MOTION for Protective Order filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

January 20, 2017

Filing 213 REPLY to Response to Motion re #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Ex. 1. Apr. 2015 Emails between GZA and IDEM, #2 Exhibit Ex. 2. 1100 West, LLC v. Red Spot Paint and Varnish Co, 1:05-cv-01670-LJM-JMS (Apr. 22, 2009), #3 Exhibit Ex. 3. Apr. 4, 2013 Email from Jeff Werwie (Previously Redacted at JCI ESI Redaction Log #199))(Barnard, Thomas)

January 13, 2017

Filing 212 Cross MOTION for Protective Order by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

January 13, 2017

Filing 211 RESPONSE to Motion re #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 A - Compilation of Privilege Log Entries for Documents Challenged by Plaintiffs' Motion, #3 B - Interim Site Investigation Report (excerpts), #4 C - Letter from Plaintiffs to JCI re: Request for Unredacted Emails, #5 D - Email from JCI to Plaintiffs re: production of documents, #6 E - Email from Plaintiffs to JCI re: Privilege Logs, #7 F - Letter from JCI to Plaintiffs enclosing production, #8 G - Letter from Plaintiffs to JCI re: privilege log, #9 H - Letter from JCI to Plaintiffs re: privilege logs, #10 I - Letter from JCI to Plaintiffs enclosing supplement production, #11 J - Letter from ERM to IDEM re: Voluntary Remediation Agreement, #12 K - ERM Ground Water Remediation Work Plan (excerpts), #13 L - Entact Soil Remediation Work Plan (excerpts), #14 M - Letter from GZA to IDEM re: Groundwater Pump and Treat System Shutdown Request, #15 N - Letter from GZA to A. Hostetler re: Payment of Electrical Cost for Operation of Venting System, #16 O - Letter from GZA to JCI re: Semi-Annual Groundwater Monitoring and Reporting, #17 P - Fax from ERM to JCI re: Technical Memorandum No. 4, #18 Q - Letter from Cole to JCI re: draft closure plan, #19 R - Letter from JCI to ENSR re Environmental Compliance Audit Services, #20 S - Email from Plaintiffs to JCI re: Plaintiffs Motion to Compel)(Hall PHV, Thomas)

January 9, 2017

Filing 210 ORDER granting #209 Motion for Extension of Time to File Response to #204 . Response to be filed by 1/13/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 1/9/17. (slm)

January 8, 2017

Filing 209 Second MOTION for Extension of Time to File Response/Reply as to #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

December 22, 2016

Filing 208 ORDER: DENYING #131 Motion for Sanctions. Signed by Judge Jon E DeGuilio on 12/22/16. (jld) (cc: Tocon Holdings)

December 19, 2016

Filing 207 ORDER granting #206 Motion for Extension of Time to File Response/ to #204 Response to be filed by 1/10/2017. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/19/16. (slm)

December 16, 2016

Filing 206 MOTION for Extension of Time to File Response/Reply as to #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

December 13, 2016

Filing 205 MEMORANDUM in Support of #204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Part 1- Plaintiffs Summary Spreadsheet of Documents Involving Environmental Consultants, #2 Exhibit 1- Part 2- Plaintiffs Summary Spreadsheet of Documents Involving Environmental Consultants, #3 Exhibit 1- Part 3- Plaintiffs Summary Spreadsheet of Documents Involving Environmental Consultants, #4 Exhibit 2- 6.14.1982 USEPA letter to JCI re Part A Permit, #5 Exhibit 3- 5.25.1988 IDEM letter to JCI re Part B Permit, #6 Exhibit 4- 8.31.1988 JCI Inter-Office Corres. re Part B Permit Application, #7 Exhibit 5- Feb. 1991 RCRA 329 IAC 3-21 Closure Plan, #8 Exhibit 6- 11.30.1992 Letter re Cole Acquisition by DLZ, #9 Exhibit 7- 3.28.2000 Letter to Baker re Submittal of the RCRA Closure Certification Report, #10 Exhibit 8- 2.11.1991 Letter to JCI re RCRA Closure Plan from Cole Associates, #11 Exhibit 9- 11.21.1991 Letter to JCI re Modification of Agreement, #12 Exhibit 10- 7.31.1991 Letter re JCI RCRA Closure Status Report, #13 Exhibit 11- Mar. 1992 WMU #4 Closure Certification Report, #14 Exhibit 12- 4.30.1992 IDEM Conditional Closure of WMU #4, #15 Exhibit 13- Aug. 1996 IN Voluntary Remediation Program, Historical Investigation Summary, #16 Exhibit 14- 6.8.1992 Letter to McCorkel from Cole Associates re Site Investigation, #17 Exhibit 15- Feb. 1992 Interim Site Investigation Report, #18 Exhibit 16- 11.4.1992 Site Investigation Report from The Traverse Group, #19 Exhibit 17- 3.12.1996 Letter from JCI to M. Resch, #20 Exhibit 18- JCIs Voluntary Remediation Program Application, #21 Exhibit 19- 2.18.1999 IDEM letter to McCorkel re Approval of Revised Closure Plan, #22 Exhibit 20- Sept. 2000 IN Voluntary Remediation Program, Ground Water Remediation Work Plan, #23 Exhibit 21- Mar. 1997 IN Voluntary Remediation Program, Soil Remediation Work Plan, #24 Exhibit 22- 4.4.1993 IDEM letter to Werwie, #25 Exhibit 23- 11.8.2016 Excerpt from Ryan dep. transcript, #26 Exhibit 24- Feb. 1991 RCRA 329 IAC 3-21 Closure Plan for Addendum No. 1, #27 Exhibit 25- Mar. 2000 RCRA Closure Certification Report, Waste Management Units 1-3, #28 Exhibit 26- 12.7.2016 Excerpt from Stilz draft dep. transcript, #29 Exhibit 27- 8.16.2000 IDEM letter to Baker re Closure of Container Storage Areas, #30 Exhibit 28- 7.16.2003 ENTACT Soil Remediation Completion Report, #31 Exhibit 29-7.26.2007 GZA letter to Werwie re Proposal for Services, #32 Exhibit 30- 6.1.2010 B. Fenelon to Osborne re Scope of Work Sheets Goshen, #33 Exhibit 31- 2.17.2012 GZA letter to Anderson re Conceptual Plan for a Revised Remedial Strategy, #34 Exhibit 32- 7.12.2012 GZA Vapor Intrusion Assessment and Mitigation Report, #35 Exhibit 33- 8.19.2016 GZA First 2016 Semiannual Goundwater Monitoring Report, #36 Exhibit 34- 2.19.2015 Trichloroethene Source Evaluation Report, #37 Exhibit 35- 2.18.2016 GZA Emulsified Zero-Valent Iron Soil Remedial Action Report, #38 Exhibit 36- 10.28.2016 Excerpt from Osborne dep. transcript, #39 Exhibit 37- 1.27.2015 Plaintiffs First Request for Production of Documents to JCI, #40 Exhibit 38- 12.30.2014 Subpoena to GZA, #41 Exhibit 39- 12.30.2014 Subpoena to ERM, #42 Exhibit 40- 3.13.2015 Subpoena to DLZ, #43 Exhibit 41- 9.1.2016 Letter from Barnard to Lee re privilege logs, #44 Exhibit 42- 11.16.2016 Letter from Lee to Barnard re privilege logs, #45 Exhibit 43- 10.1.2010 GZA Master Services Subcontract, #46 Exhibit 44- 4.1.2009 ERM Master Services Subcontract, #47 Exhibit 45- 4.7.2000 ERM Master Agreement for Environmental Consulting Services, #48 Exhibit 46- 4.1.2001 ENTACT Agreement)(Barnard, Thomas)

December 13, 2016

Filing 204 MOTION to Compel Production of Discovery Involving Third-Party Environmental Consultants Withheld or Redacted on Attorney-Client and Work Product Privilege Grounds by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

December 1, 2016

Filing 203 REPLY to Response to Motion re #201 MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - 11.07.2016 Email from Jessica Reiss, #2 Exhibit B - 11.10.2016 Letter from Thomas Barnard)(Barnard, Thomas)

November 28, 2016

Filing 202 RESPONSE to Motion re #201 MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling filed by Johnson Controls Inc. (Hall PHV, Thomas)

November 10, 2016

Filing 201 WITHDRAWN RE #228 ORDER: MOTION for Leave to File Newly Discovered Evidence in Support of Their Motion to Compel Results of June 2016 Sewer Vapor Sampling by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Ex. 1 - 10.24.2016 IDEM Request for Sewer Vapor Sampling Data, #2 Exhibit Ex. 2 - 10.27.2016 Dep. of Bernard Fenelon)(Barnard, Thomas) Modified on 3/1/2017 (tc).

October 17, 2016

Filing 200 REPLY to Response to Motion re #178 MOTION For Entry Of A Lone Pine Case Management Order filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Pinnyei Deposition, #2 Exhibit B - Plaintiffs' Initial Disclosures, #3 Exhibit C - EPA Vapor Guidance, #4 Exhibit D - Wisconsin Vapor Guidance)(Hall PHV, Thomas)

September 26, 2016

Filing 199 ORDER granting #198 Motion for Extension of Time to File Reply as to #178 MOTION for Entry of a Lone Pine Case Management Order. Reply to be filed by 10/17/2016. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/26/16. (cck)

September 23, 2016

Filing 198 MOTION for Extension of Time to File Response/Reply as to #178 MOTION For Entry Of A Lone Pine Case Management Order . Unopposed Motion For Extension Of Time To File Reply by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

September 22, 2016

Filing 197 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar Notice of Service of Rule 26 Initial Disclosures (Barnard, Thomas)

September 22, 2016

Filing 196 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/22/2016 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Ulmer, Barnard, Michael. Dft appeared by atty Hartzler, Hall. John R VanWInkle appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. The Court adopts, in part, parties Report of Parties Planning Meeting of September 12,2016. Magistrate Consent forms due by 10/13/2016. (slm)

September 19, 2016

Filing 195 REPLY to Response to Motion re #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- May 9, 2003 Letter from IDEM to Werwie, #2 Exhibit 2- May 28, 2003 Letter from Werwie to IDEM, #3 Exhibit 3- Aug. 11, 2010 Remedial Evaluation Work Plan, #4 Exhibit 4- Apr. 24, 2012 Werwie Email, #5 Exhibit 5- Nov. 11, 2013 Troup to Werwie Email)(Barnard, Thomas)

September 15, 2016

Filing 194 RESPONSE to Motion re #178 MOTION For Entry Of A Lone Pine Case Management Order In Opposition to Johnson Controls, Inc's Motion filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1. March 2013 Effects of TCE Article, #2 Exhibit 2. 9-15-2016 - part 1 - Affidavit of Vasiliki Keramida, Ph.D., #3 Exhibit 2 part 2 Affidavit of Vasiliki Keramida, Ph.D., #4 Exhibit 2 part 3 Affidavit of Vasiliki Keramida, Ph.D., #5 Exhibit 2 part 4 Affidavit of Vasiliki Keramida, Ph.D., #6 Exhibit 3. 3-24-1992 Letter from Environmental Health Laboratories, #7 Exhibit 4. 7-27-1992 Pinnyei Case - Complaint, #8 Exhibit 5. 7-27-1993 Department of Environmental Health, #9 Exhibit 6. 9-17-1999 Goshen, IN Status Report, #10 Exhibit 7. 1-12-1996 Memo from McCorkel to Coburn, #11 Exhibit 8. 4-17-1998 Goshen Facility Status Report, #12 Exhibit 9. 4-1-1999 Status Report Review Meeting, #13 Exhibit 10. 5-9-2003 IDEM letter to Werwie, #14 Exhibit 11. 10-3-2003 Email from Werwie to Edwards, #15 Exhibit 12. 6-13-2014 JCI Goshen Site Vapor Intrusion Evaluation Options, #16 Exhibit 13. 04-29-2010 Email from Fenelon to Osborne, #17 Exhibit 14. Former Manufacturing Facility, #18 Exhibit 15. 12-18-2014 Affidavit of Vasiliki Keramida, Ph.D., #19 Exhibit 16. 5-12-2015 Excerpt of Keramida Dep., #20 Exhibit 17. 2-19-2015 TCE Source Evaluation Report, #21 Exhibit 18. 8-19-2016 First 2016 Semiannual GW Monitoring Report, #22 Exhibit 19. 06-13-2013 Email from Werwie, #23 Exhibit 20. 7-9-2014 Memo EPA Region 9, #24 Exhibit 21. 5-19-2015 Excerpt of D. Hostetler Dep., #25 Exhibit 22. 11-25-2014 GZA Proposal, #26 Exhibit 23. 02-27-15 Email from Weingart to Houser, #27 Exhibit 24. 07-15-2016 Memo from Maguire to Ballotti, #28 Exhibit 25. 3-29-2005 Goshen News Article, #29 Exhibit 26. 12-02-2011 Affidavit for Recording, #30 Exhibit 27. 12-3-2015 Excerpt from Adkins deposition, #31 Exhibit 28. 7-27-2009 Email from Werwie to Osborne, #32 Exhibit 29. 10-8-2009 Email from Osborne to Werwie, #33 Exhibit 30. 03-09-2010 Email from Werwie to Osborne, #34 Exhibit 31. 4-21-2011 Appraisal Report, #35 Exhibit 32. 5-2-2011 Email from Werwie, #36 Exhibit 33. 05-11-2011 Email from Osborne to Werwie, #37 Exhibit 34. 3-5-12 Email to Hershberger from Werwie, #38 Exhibit 35. 3-6-2012 Email from Werwie, #39 Exhibit 36. 4-4-12 Email from Jeff Werwie to John Osborne re Sale Agreement 2007, #40 Exhibit 37. 12-1-2015 Excerpt from 341 Meeting of Creditors, #41 Exhibit 38. 12-02-2015 Excerpt from Carter Dep., #42 Exhibit 39. 11-11-2013 Email from Werwie, #43 Exhibit 40. 5-21-2012 Complaint for the Appropriation of Real Estate, #44 Exhibit 41. 11-13-2013 Email from Troup, #45 Exhibit 42. 11-12-2013 Email from Werwie to Shelly, #46 Exhibit 43. 11-12-2013 Email from Werwie to Troup, #47 Exhibit 44. 3-20-2014 Email from Troup to Werwie, #48 Exhibit 45. 4-13-2014 Email from Werwie to Troup, #49 Exhibit 46. 7-17-2014 Email from Clevenger, #50 Exhibit 47. 11-21-2014 Email from Weingart to Satkus, #51 Exhibit 48. 10-06-2015 Bankruptcy Petition, #52 Exhibit 49. 04-07-2016 Bankruptcy Order Granting MTD, #53 Exhibit 50. Part 1 2-4-2016 Keramida Asbestos Inspection, #54 Exhibit 50. Part 2 2-4-2016 Keramida Asbestos Inspection, #55 Exhibit 51. 2-4-2016 Email from Michael to Maguire, #56 Exhibit 52. 2-9-2016 Email from Jaworski to Gebien, #57 Exhibit 53. USEPA Region V Pollution Situation Report, #58 Exhibit 54. 1-29-2013 Order)(Barnard, Thomas)

September 15, 2016

Filing 193 ORDER granting #192 Motion for Leave to File Excess Pages. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/15/16. (slm)

September 14, 2016

Filing 192 MOTION for Leave to File Excess Pages in Response to Johnson Controls, Inc's Motion for Entry of a Lone Pine Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Wolowski, Benjamin)

September 12, 2016

Filing 191 REPORT of Rule 26(f) Planning Meeting. (Hall PHV, Thomas)

September 12, 2016

Filing 190 REPLY to Response to Motion re #177 MOTION to Compel Other Site Discovery filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - March 2006 Phase II Environmental Site Investigation, #2 Exhibit 2 - Feb. 2006 Phase I Environmental Site Assessment)(Barnard, Thomas)

September 9, 2016

Filing 189 RESPONSE to Motion re #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 2015 Report, #2 Errata B - Keramida Report, #3 Exhibit C - Keramida 2015 Tr., #4 Exhibit D - Plfs' Interrogatory Responses)(Hall PHV, Thomas)

September 9, 2016

Filing 188 NOTICE of Appearance by Benjamin A Wolowski on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Wolowski, Benjamin)

September 1, 2016

Filing 187 RESPONSE to Motion re #177 MOTION to Compel Other Site Discovery filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Chairez Int. Responses, #2 Exhibit B - 9/23/15 Keramida Tr., #3 Exhibit C - 5/18/10 Keramida Tr.)(Hall PHV, Thomas)

August 30, 2016

Filing 186 ORDER: Court GRANTS Request for Joint Status Conference on 9/22/2016 at 10:30 AM filed in Schmucker v. JCI, 3:14-cv-1593. Parties to address the possibility of consolidation of discovery in the Joint Proposed Discovery plan due on 9/12/2016. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/30/2016. cc: Tocon Holdings LLC(tc)

August 23, 2016

Filing 185 MEMORANDUM in Support of #184 MOTION to Compel Results of June 2016 Sewer Vapor Sampling filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Keramida Vapor Impacts Map, #2 Exhibit 2- Excerpt from May 12, 2015 deposition of Dr. Keramida, #3 Exhibit 3- 2010-03-22 GZA Contract Addendum, #4 Exhibit 4- 2012-07-12 Vapor Intrusion Assessment and Mitigation Report, #5 Exhibit 5- Voluntary Remediation Agreement, #6 Exhibit 6- 2015-02-19 Trichloroethene Source Evaluation Report, #7 Exhibit 7- Figure 2-1 Illustration of Key Elements of the Conceptual Model of Soil Vapor Intrusion, #8 Exhibit 8- Figure 2-2 Illustration of Potential Opening in Various Building Types, #9 Exhibit 9- Excerpt from June 2015 Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air, #10 Exhibit 10- IDEM Technical Guidance Document, #11 Exhibit 11- 2016-05-20 Rod Michael Email, #12 Exhibit 12- Right-Of-Way Permit Application, #13 Exhibit 13- Sampling locations map, #14 Exhibit 14- 2016-06-03 Tom Barnard Email, #15 Exhibit 15- 2016-07-21 Letter from Tom Barnard to Tom Hall, #16 Exhibit 16- 2016-08-17 Letter from Lauren Lee to Tom Barnard, #17 Exhibit 17- March 2013 Environmental Health - Perspectives Human Health Effects of Trichloroethylene, #18 Exhibit 18- April 2012 Environmental Health - Adverse Birth Outcomes and Maternal Exposure to Trichloroethylene)(Barnard, Thomas)

August 23, 2016

Filing 184 WITHDRAWN RE #228 ORDER: MOTION to Compel Results of June 2016 Sewer Vapor Sampling by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas) Modified on 3/1/2017 (tc).

August 22, 2016

Filing 183 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)

August 22, 2016

Filing 182 ORDER Joint Proposed Discovery due by 9/12/2016. Rule 16 Preliminary Pretrial Conference set for 9/22/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/22/16. (slm)

August 22, 2016

Filing 181 ORDER granting #180 Motion for Extension of Time to File Response. Response to #178 to be filed by 9/15/2016. Approved by Magistrate Judge Michael G Gotsch, Sr on 8/22/16. (slm)

August 19, 2016

Filing 180 MOTION for Extension of Time to File Response/Reply as to #178 MOTION For Entry Of A Lone Pine Case Management Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

August 19, 2016

Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (slm)

August 15, 2016

Filing 179 MEMORANDUM in Support of #177 MOTION to Compel Other Site Discovery filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Red-Lined list of Interrogatories and Requests for Production, #2 Exhibit 2- 5-9-2003 IDEM letter, #3 Exhibit 3- 5-22-2003 Badger Work Plan, #4 Exhibit 4- Badger Health Consultation, #5 Exhibit 5- 7-27-2009 Werwie Email, #6 Exhibit 6- Pls. Requests for Production, #7 Exhibit 7- Pls. First Set of Interrogatories, #8 Exhibit 8- JCIs Responses to Requests for Production, #9 Exhibit 9- JCIs Answers to Interrogatories, #10 Exhibit 10- 11-25-2014 Vapor Intrusion Assessment, #11 Exhibit 11- Wisconsin DHFS Letter, #12 Exhibit 12- Watertown Health Hazard Evaluation Report, #13 Exhibit 13- TCE Purchases, #14 Exhibit 14- 8-16-2012 DOL Article, #15 Exhibit 15- 3-25-2012 Werwie Email, #16 Exhibit 16- Keramida Affidavit, #17 Exhibit 17- ATSDR Vapor Intrusion Investigation, #18 Exhibit 18- ATSDR Badger Soil Gas Risk Evaluation, #19 Exhibit 19- 5-2-2011 Lexington Health Consulation, #20 Exhibit 20- TCE Source Evaluation Report, #21 Exhibit 21- 3-9-2010 Osborne Email, #22 Exhibit 22- 3-22-2010 GZA Email, #23 Exhibit 23- 7-6-2010 Fenelon Email, #24 Exhibit 24- 7-7-2010 Werwie Email, #25 Exhibit 25- Part 1 GZA Vapor Intrusion Assessment and Mitigation Report, #26 Exhibit 25- Part 2 GZA Vapor Intrusion Assessment and Mitigation Report, #27 Exhibit 25- Part 3 GZA Vapor Intrusion Assessment and Mitigation Report, #28 Exhibit 25- Part 4 GZA Vapor Intrusion Assessment and Mitigation Report, #29 Exhibit 25- Part 5 GZA Vapor Intrusion Assessment and Mitigation Report, #30 Exhibit 25- Part 6 GZA Vapor Intrusion Assessment and Mitigation Report, #31 Exhibit 26- 4-27-2011 Fenelon Email, #32 Exhibit 27- 10-2003 Proposal)(Barnard, Thomas)

August 15, 2016

Filing 178 MOTION For Entry Of A Lone Pine Case Management Order by Defendant Johnson Controls Inc. (Attachments: #1 Memorandum Of Law In Support Of Motion For Lone Pine Order, #2 Index of Exhibits, #3 Exhibit A - Proposed Lone Pine Order, #4 Exhibit B - Chairez Objections and Answers to JCI's First Interrogatories, #5 Exhibit C - Excerpts of JCI's Historical Investigation Summary, #6 Exhibit D - News Articles, #7 Exhibit E - Null 1992 Results Letter, #8 Exhibit F - Excerpts of Null Deposition, #9 Exhibit G - IDEM Vapor Intrusion Pilot Program Guidance, #10 Exhibit H - GZA Vapor Intrusion Report, #11 Exhibit I - Excerpts of Tovar Deposition, #12 Exhibit J - Tovar 2012 Results Letter, #13 Exhibit K - Tovar 2015 Results Letter, #14 Exhibit L - Excerpts of Chairez Deposition of Rita Chairez, #15 Exhibit M - Chairez 2015 Results Letter, #16 Exhibit N - Null 2015 Results Letter, #17 Exhibit O - Null Objections and Answers to JCI's Jurisdictional Interrogatories, #18 Exhibit P - Excerpts of Deborah Hostetler Deposition, #19 Exhibit Q - Hostetler 2011 Results Letter, #20 Exhibit R - Excerpts of Amos Hostetler Deposition, #21 Exhibit S - Excerpts of Tovar Objections and Answers to JCI's First Interrogatories, #22 Exhibit T - Null Objections and Answers to JCI's First Interrogatories, #23 Exhibit U - Excerpts of Hostetler Objections and Answers to JCI's First Interrogatories, #24 Exhibit V - Excerpts of Chairez Responses to JCI's Amended Requests for Admission, #25 Exhibit W - Excerpts of Tovar Responses to JCI's Amended Requests for Admission, #26 Exhibit X - Excerpts of Null Responses to JCI's Amended Requests for Admission, #27 Exhibit Y - Excerpts of Deborah Hostetler Responses to JCI's Amended Requests for Admission, #28 Exhibit Z - Excerpts of Amos Hostetler Responses to JCI's Amended Requests for Admission, #29 Exhibit AA - Plaintiffs' Response to JCI's Motion to Compel, #30 Exhibit BB - Excerpt of Transcript of Hearing Before State Court)(Hall PHV, Thomas)

August 15, 2016

Filing 177 MOTION to Compel Other Site Discovery by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - Red-Lined list of Interrogatories and Requests for Production)(Barnard, Thomas)

August 15, 2016

Filing 176 Joint REPORT by Johnson Controls Inc OF LOCAL RULE 37-1 CONFERENCE AND AGREED REQUEST FOR RELIEF. (Hall PHV, Thomas) Modified text on 8/15/2016 (kds).

August 11, 2016

Filing 175 ORDER granting #174 Motion to Withdraw as Attorney. Attorney Melissa A Gardner terminated. Approved by Magistrate Judge Christopher A Nuechterlein on 8/11/16. (slm)

August 11, 2016

Filing 174 MOTION to Withdraw as Attorney by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Gardner, Melissa)

August 3, 2016

Filing 173 (certified) USCA ORDER re #172 Notice. Upon consideration of the Petition for Permission to Appeal Under 28 USC 1453(c)(1) from the US District Court for the Northern District of Indiana's Order Denying Motion to Remand, IT IS ORDERED that the petition is DENIED. (jld)

July 20, 2016

Filing 172 NOTICE - from USCA that a petition for permission to appeal pursuant to 28:1453(c) has been docketed (case: 16-8013) (kds)

July 19, 2016

Filing 171 ORDER: Court DENIES AS MOOT #165 Motion to Strike. Court DENIES WITHOUT PREJUDICE the remaining motions to compel, cross motions for protective orders, and motions to convert #123 , #129 , #148 , #162 . Court also DENIES WITHOUT PREJUDICE #166 JCI's Lone Pine Motion. As a result, Plaintiffs' #168 Motion for extension of time to file a response to JCI's Lone Pine motion is DENIED AS MOOT. If renewed motions are required to resolve any of the three discovery disputes, they must be filed by 8/15/2016, as outlined. Signed by Magistrate Judge Christopher A Nuechterlein on 7/19/2016. cc: Tocon Holdings LLC (tc)

July 13, 2016

Filing 170 RESPONSE to Motion re #168 MOTION for Extension of Time to File Response/Reply as to #166 MOTION For Entry Of A Lone Pine Case Management Order filed by Johnson Controls Inc. (Hall PHV, Thomas)

July 12, 2016

Filing 169 SUPPLEMENT to #168 MOTION for Extension of Time to File Response/Reply as to #166 MOTION For Entry Of A Lone Pine Case Management Order Exhibit 1 filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

July 12, 2016

Filing 168 MOTION for Extension of Time to File Response/Reply as to #166 MOTION For Entry Of A Lone Pine Case Management Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

July 11, 2016

Filing 167 OPINION AND ORDER DENYING #21 MOTION to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar; GRANTING #50 MOTION to Strike the Expert Report of Malcolm S. Cohen and Laura Steiner by Defendant Johnson Controls Inc.; DENYING #90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar; DENYING #115 MOTION for Leave to File/Submit Order of the Bankruptcy Court in Support of Opposition to Plaintiffs' Motions to Remand by Defendant Johnson Controls Inc. Signed by Judge Jon E DeGuilio on 7/11/16. (cc: Tocon Holdings LLC). (cer)

July 8, 2016

Filing 166 MOTION For Entry Of A Lone Pine Case Management Order by Defendant Johnson Controls Inc. (Attachments: #1 Memorandum Of Law In Support Of Motion For Entry Of A Lone Pine Order, #2 Index of Exhibits, #3 Exhibit A - Proposed Lone Pine Order, #4 Exhibit B - Rita Chairez Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #5 Exhibit C - Excerpts of JCI's Historical Investigation Summary, Goshen Facility Site, submitted to Indiana Voluntary Remediation Program, #6 Exhibit D - News Articles, #7 Exhibit E - Becky Null Results Letter, dated February 24, 1992, #8 Exhibit F - Excerpts of Deposition of Becky Null, dated May 21, 2015, #9 Exhibit G - Indiana Department of Environmental Management Vapor Intrusion Pilot Program Guidance, dated April 26, 2006, #10 Exhibit H - GZA Vapor Intrusion Assessment and Mitigation Report Prepared by GZA GeoEnvironmental, Inc., #11 Exhibit I - Excerpts of Deposition of Maria Tovar, dated May 20, 2015, #12 Exhibit J - Tovar Results Letter, dated January 16, 2012, #13 Exhibit K - Tovar Results Letter, dated March 2, 2015, #14 Exhibit L - Excerpts of Deposition of Rita Chairez, dated May 20, 2015, #15 Exhibit M - 1120 Sander Avenue Results Letter, dated March 2, 2015, #16 Exhibit N - Becky Null Results Letter, dated March 2, 2015, #17 Exhibit O - Becky Null's Objections and Answers to JCI's Interrogatories Relating to Jurisdictional Issues, dated September 8, 2015, #18 Exhibit P - Excerpts of Deposition of Deborah Hostetler, dated May 19, 2015, #19 Exhibit Q - 1118 E. Monroe St. Results Letter, dated July 1, 2015, #20 Exhibit R - Excerpts of Deposition of Amos Hostetler, dated May 19, 2015, #21 Exhibit S - Excerpts of Maria Tovar's Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #22 Exhibit T - Becky Null's Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #23 Exhibit U - Excerpts of Hostetlers' Objections and Answers to JCI's First Interrogatories, dated March 23, 2015, #24 Exhibit V - Excerpts of Rita Chairez's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #25 Exhibit W - Excerpts of Maria Tovar's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #26 Exhibit X - Excerpts of Becky Null's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #27 Exhibit Y - Excerpts of Debbie Hostetler's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #28 Exhibit Z - Excerpts of Amos Hostetler's Responses to JCI's Amended Requests for Admission, dated October 2, 2015, #29 Exhibit AA - Plaintiffs' Response to JCI's Motion to Compel, filed April 24, 2015, #30 Exhibit BB - Excerpt of Transcript of Hearing Before Special Master Gene R. Duffin, dated May 5, 2015)(Hall PHV, Thomas)

July 8, 2016

Filing 165 RULE 12(f) MOTION to Strike #162 Cross MOTION for Protective Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

June 28, 2016

Filing 164 ORDER: The Court concludes that sanctions should not be imposed in this case. Signed by Magistrate Judge Christopher A Nuechterlein on 6/28/2016. (cc: Tocon Holdings LLC)(rmn)

June 27, 2016

Filing 163 BRIEF in Support of #162 Cross MOTION for Protective Order and Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Discovery About Other JCI Sites [D.E. 144] filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - AHostetler RFA, #3 Exhibit B - DHostetler RFA, #4 Exhibit C - MTovar RFA, #5 Exhibit D - RCHairez RFA, #6 Exhibit E - BNull RFA, #7 Exhibit F - WDNR Letter, #8 Exhibit G - JCI 10K, #9 Exhibit H - Keramida Tr.)(Hall PHV, Thomas)

June 27, 2016

Filing 162 Cross MOTION for Protective Order by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

June 21, 2016

Filing 161 ORDER denying #158 Motion for Leave to File. Signed by Judge Jon E DeGuilio on 6/21/2016. (cc: Tocon Holdings HHC) (saj)

June 21, 2016

Filing 160 RESPONSE to Motion re #158 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Sanctions filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

June 20, 2016

Filing 159 ORDER denying #153 Motion to Seal. The Court DIRECTS the Clerk to unseal Plaintiff's Exhibit 7 (DE 152). Signed by Magistrate Judge Christopher A Nuechterlein on 6/20/16. (ksp)

June 20, 2016

Filing 158 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Sanctions by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A -- Sur-Reply In Opposition To Plaintiffs' Motion For Sanctions)(Hall PHV, Thomas)

June 16, 2016

Filing 157 REPLY to Response to Motion re #129 Cross MOTION for Protective Order filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Plaintiffs RFP Response)(Hall PHV, Thomas)

June 16, 2016

Filing 156 SUR-REPLY in Opposition to Plaintiffs' Motion to Compel by Johnson Controls Inc to #123 MOTION to Compel . (Hall PHV, Thomas)

June 16, 2016

Filing 155 ORDER granting #139 Motion for Leave to File Sur-Reply. Johnson Controls Inc's Sur-Reply to be filed by 6/22/2016. (cc: Tocon Holdings LLC) Signed by Magistrate Judge Christopher A Nuechterlein on 6/16/16. (mlc)

June 15, 2016

Filing 154 RESPONSE to Motion re #153 MOTION to Seal DE152 filed by Johnson Controls Inc. (Hall PHV, Thomas)

June 14, 2016

Filing 153 MOTION to Seal DE152 by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 6-09-2016 Email)(Barnard, Thomas)

June 14, 2016

Filing 152 Reply to Response to Motion,,,. (Barnard, Thomas) Modified on 6/21/2016 to unseal document (ksp).

June 14, 2016

Filing 151 REPLY to Response to Motion re #131 MOTION for Sanctions AND REQUEST FOR RULE TO SHOW CAUSE filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- Organization Chart, #2 Exhibit 2- 3-25-12 Email, #3 Exhibit 3- Excerpt from Tony Adkins Deposition 12-3-2015, #4 Exhibit 4- 5-11-11 Email and Attachment, #5 Exhibit 5- 11-12-13 Email and Pictures, #6 Exhibit 6- 11-12-13 Email, #7 Exhibit 7- Exhibit Filed Under Seal, #8 Exhibit 8- 12-16-15 Hershberger Testimony Bankruptcy Hearing 12-16-2015, #9 Exhibit 9- Bankruptcy Motion to Dismiss Order 4-07-16, #10 Exhibit 10- Excerpt from 2-23-16 Bankruptcy Hearing Transcript, #11 Exhibit 11- 6-14-12 Email, #12 Exhibit 12- 6-14-16 Affidavit of Thomas A. Barnard, #13 Exhibit 13- 7-23-14 Email, #14 Exhibit 14- 2-04-16 Email, #15 Exhibit 15- Photos)(Barnard, Thomas)

June 13, 2016

Filing 150 REPLY to Response to Motion re #148 MOTION To Convert Plaintiffs' Response To JCI's Cross-Motion For Protective Order Into A Motion To Compel And To Set Briefing Schedule filed by Johnson Controls Inc. (Hall PHV, Thomas)

June 10, 2016

Filing 149 RESPONSE to Motion re #148 MOTION To Convert Plaintiffs' Response To JCI's Cross-Motion For Protective Order Into A Motion To Compel And To Set Briefing Schedule filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 6/9/16 Email)(Barnard, Thomas)

June 10, 2016

Filing 148 MOTION To Convert Plaintiffs' Response To JCI's Cross-Motion For Protective Order Into A Motion To Compel And To Set Briefing Schedule by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

June 8, 2016

Filing 147 ORDER GRANTING #146 MOTION to Withdraw #133 MOTION to Seal Docket Entries #131 and #131 -16 and for Leave to File Redacted Brief by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. ORDERING that Plaintiffs' Motion to Seal #133 is WITHDRAWN. Further ORDERING that Plaintiffs' Motion for Sanctions #131 and Exhibit 16 thereto #131 -16 are unsealed. Signed by Magistrate Judge Christopher A Nuechterlein on 6/8/2016. (lhc)

June 7, 2016

Filing 146 MOTION to Withdraw #133 MOTION to Seal Docket Entries 131 and 131-16 and for Leave to File Redacted Brief by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

June 6, 2016

Filing 145 RESPONSE to Motion re #131 MOTION for Sanctions AND REQUEST FOR RULE TO SHOW CAUSE filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plainitffs' RFPs, #3 Exhibit B - Hershsberger Tr., #4 Exhibit C - Keramida Tr., #5 Exhibit D - 12/26/15 Bankr. Tr., #6 Exhibit E - 3/10/2016 Bankr. Tr., #7 Exhibit F - 2/23/2016 Bank. Tr., #8 Exhibit G - 3/5/2012 Email, #9 Exhibit H - IDEM Compliance Ltr, #10 Exhibit I - 1/11/16 Tr.)(Hall PHV, Thomas)

June 6, 2016

Filing 144 RESPONSE to Motion re #129 Cross MOTION for Protective Order filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 5-9-2003 IDEM Letter, #2 Exhibit 2 - 5-22-2003 Badger Work Plan, #3 Exhibit 3 - Badger Health Consultation, #4 Exhibit 4 - 7-27-2009 Werwie Email, #5 Exhibit 5 - Pls. Requests for Production, #6 Exhibit 6 - Pls. First Set of Interrogatories, #7 Exhibit 7 - JCI's Responses to Requests for Production, #8 Exhibit 8 - JCI's Answers to Interrogatories, #9 Exhibit 9 - Wisconsin DHFS Letter, #10 Exhibit 10 - Watertown Health Hazard Evaluation Report, #11 Exhibit 11 - TCE Purchases, #12 Exhibit 12 - 8-16-2012 DOL Article, #13 Exhibit 13 - 3-25-2012 Werwie Email, #14 Exhibit 14 - Fullerton Corrective Action Consent Agreement, #15 Exhibit 15 - 10-5-2000 EPA News Release, #16 Exhibit 16 - Keramida Affidavit, #17 Exhibit 17 - ATSDR Vapor Intrusion Investigation, #18 Exhibit 18 - Badger Soil Gas Risk Evaluation, #19 Exhibit 19 - Lexington Health Consultation, #20 Exhibit 20 - TCE Source Evaluation Report, #21 Exhibit 21 - 3-9-2010 Osborne Email, #22 Exhibit 22 - 3-22-2010 GZA Email, #23 Exhibit 23 - 7-6-2010 Fenelon Email, #24 Exhibit 24 - 7-7-2010 Werwie Email, #25 Exhibit 25 Part 1 - GZA Vapor Intrusion Assessment and Mitigation Report, #26 Exhibit 25 Part 2 - GZA Vapor Intrusion Assessment and Mitigation Report, #27 Exhibit 25 Part 3 - GZA Vapor Intrusion Assessment and Mitigation Report, #28 Exhibit 25 Part 4 - GZA Vapor Intrusion Assessment and Mitigation Report, #29 Exhibit 26 - 4-27-2011 Fenelon Email, #30 Exhibit 27 - 10-2003 Proposal)(Barnard, Thomas)

June 3, 2016

Filing 143 ORDER granting #142 Motion for Extension of Time to File Responses. Responses to #129 Motion for Protective Order and #131 Motion for Sanctions and Request for Rule to Show Cause to be filed by 6/6/2016. Approved by Magistrate Judge Christopher A Nuechterlein on 6/3/16. (cck)

June 3, 2016

Filing 142 Joint MOTION for Extension of Time to File Response/Reply , re: Defendant JCI's Cross-Motion For Protective Order And Plaintiffs' Motion For Sanctions by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

June 1, 2016

Filing 141 RESPONSE TO ORDER TO SHOW CAUSE by Johnson Controls Inc filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - 1/11/16 Court Conference Transcript, #2 Exhibit B - 4/21/16 Oral Argument Transcript - Redacted)(Hall PHV, Thomas)

June 1, 2016

Filing 140 RESPONSE to Motion re #139 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Compel filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

May 31, 2016

Filing 139 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Compel by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A = Sur-Reply)(Hall PHV, Thomas)

May 26, 2016

Filing 138 ORDER granting #137 Plaintiffs' Motion for Extension of Time to File Response/Reply to #129 . Response to be filed by 6/3/2016. Approved by Magistrate Judge Christopher A Nuechterlein on 05/26/2016. (slm)

May 25, 2016

Filing 137 MOTION for Extension of Time to File Response/Reply as to #129 Cross MOTION for Protective Order by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

May 23, 2016

Filing 136 REPLY to Response to Motion re #123 MOTION to Compel filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 4-13-2015 email, #2 Exhibit 2- 5-26-2015 email, #3 Exhibit 3- 5-23-2016 Affidavit of Thomas A. Barnard, #4 Exhibit 4- 6-9-2015 email, #5 Exhibit 5- 7-27-2015 email, #6 Exhibit 6- 7-28-2015 Hearing Transcript - excerpt, #7 Exhibit 7- 7-30-2015 Letter from Tom Barnard to Jennifer Ilkka, #8 Exhibit 8- 9-17-2015 email, #9 Exhibit 9- 11-9-2015 email, #10 Exhibit 10- 1-8-2016 Letter from Tom Barnard to Lauren Lee, #11 Exhibit 11- 1-11-2016 Hearing Transcript-excerpt, #12 Exhibit 12- 1-13-2016 Letter from Lauren Lee to Tom Barnard, #13 Exhibit 13- 5-10-2016 Letter from Lauren Lee to Tom Barnard, #14 Exhibit 14- 5-12-16 email, #15 Exhibit 15- 5-23-2016 Affidavit of Melissa A. Gardner, #16 Exhibit 16- 5-23-2016 Affidavit of Penny J. Scott)(Barnard, Thomas)

May 23, 2016

Filing 135 ORDER: The Court AMENDS its Order Nunc Pro Tunc and DIRECTS Johnson Controls Inc to show cause by 6/1/2016. Signed by Magistrate Judge Christopher A Nuechterlein on 5/23/16. (cc: Tocon Holdings LLC).(cer)

May 23, 2016

Filing 134 Motion #131 and Exhibit [131-16] are SEALED by the Court until ruling on Motion to Seal #133 . (jld)

May 20, 2016

Filing 133 *WITHDRAWN per #147 * MOTION to Seal Docket Entries 131 and 131-16 and for Leave to File Redacted Brief by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 5-20-16 Letter to Tom Hall, #2 Exhibit 2 - 5-17-16 Plaintiffs' Redacted Motion for Sanctions)(Barnard, Thomas) Modified on 6/8/2016 (lhc).

May 18, 2016

Filing 132 ORDER: DENYING #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP by Defendant Johnson Controls Inc.; ORDERING JCI and its counsel to show cause by 6/1/2016, why the conduct specified above has not violated Rule 11(b) or 28 U.S.C. 1927 and why sanctions should not be awarded to the benefit of Plaintiffs. Signed by Magistrate Judge Christopher A Nuechterlein on 5/18/2016. (lhc) Modified on 5/24/2016 to add cc: Tocon Holdings LLC (lhc).

May 17, 2016

Filing 131 MOTION for Sanctions AND REQUEST FOR RULE TO SHOW CAUSE by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 6-13-2013 email, #2 Exhibit 2- 4-18-2013 email, #3 Exhibit 3- 12-03-2015 Tony Adkins deposition - excerpt, #4 Exhibit 4- photo of drum, #5 Exhibit 5- 5-02-2011 email, #6 Exhibit 6- 3-29-2005 article from The Goshen News, #7 Exhibit 7- Environmental Remediation and Indemnification Agreement, #8 Exhibit 8- 7-29-2009 email, #9 Exhibit 9- 12-16-2015 Bankruptcy Transcript excerpt part 1, #10 Exhibit 10- 12-16-2015 Bankruptcy Transcript excerpt part 2, #11 Exhibit 11- 3-05-2012 email, #12 Exhibit 12- Richard Swift Criminal History, #13 Exhibit 13- 2-09-2015 Richard Swift LaGrange Circuit Court Charging Information, #14 Exhibit 14- 2-23-2012 email, #15 Exhibit 15- 3-01-2012 email, #16 Exhibit 16- 04-13-2014 email, #17 Exhibit 17- 12-03-2014 email, #18 Exhibit 18- 12-01-2015 341 Meeting of Creditors - excerpt, #19 Exhibit 19- 8-26-2015 email, #20 Exhibit 20- 10-05-2015 email, #21 Exhibit 21- 10-05-2015 email, #22 Exhibit 22- 4-11-2016 EPA Request for Payment of Administrative Expenses, #23 Exhibit 23- 5-4-2016 Minute Entry/Order re Hearing on Application for Payment)(Barnard, Thomas) Modified on 6/8/2016 to unseal docs per #147 * (lhc).

May 13, 2016

Filing 130 RESPONSE to Motion re #123 MOTION to Compel , #129 Cross MOTION for Protective Order - Memorandum Of Law In Opposition To Plaintiffs' Motion To Compel And In Support Of Cross-Motion For Protective Order filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 5/11/16 Letter, #3 Exhibit B - 5/12/16 Letter, #4 Exhibit C - 6/3/2015 Email, #5 Exhibit D - JCI's Objections to RFPS, #6 Exhibit E - Vaughan Decl., #7 Exhibit F - 7/15/15 Email, #8 Exhibit G - Lee Decl., #9 Exhibit H - 5/15/15 Email, #10 Exhibit I - 10/16/15 Letter)(Hall PHV, Thomas)

May 13, 2016

Filing 129 Cross MOTION for Protective Order by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

May 12, 2016

Filing 128 NOTICE by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Attachments: #1 Exhibit A - Allen v. Boeing Co.)(Barnard, Thomas)

May 9, 2016

Filing 127 TRANSCRIPT of TELEPHONIC HEARING held on JANUARY 11, 2016, before Judge CHRISTOPHER A. NUECHTERLEIN. Court Reporter DEBRA J. BONK, Telephone number debra_bonk@innd.uscourts.gov/574 246 8039. 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 5/18/2016. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016. (db)

April 27, 2016

Filing 126 TRANSCRIPT of redacted ORAL ARGUMENT held on APRIL 21, 2016, before Judge CHRISTOPHER A. NUECHTERLEIN. Court Reporter DEBRA J. BONK, Telephone number debra_bonk@innd.uscourts.gov/574 246 8039. 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 5/9/2016. Redaction Request due 5/18/2016. Redacted Transcript Deadline set for 5/31/2016. Release of Transcript Restriction set for 7/26/2016. (db)

April 27, 2016

Filing 125 SEALED TRANSCRIPT of ORAL ARGUMENT held on APRIL 21, 2016, before Judge CHRISTOPHER A. NUECHTERLEIN. Court Reporter Debra Bonk, Telephone number 574 246 8039/ debra_bonk@innd.uscourts.gov. (db)

April 26, 2016

Filing 124 MEMORANDUM in Support of #123 MOTION to Compel filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- 3-8-15 Rolfes letter, #2 Exhibit 2- 3-27-15 Walsh letter, #3 Exhibit 3- 4-27-15 Ilkka email, #4 Exhibit 4- Gardner Affidavit, #5 Exhibit 5- Scott Affidavit, #6 Exhibit 6- 5-27-15 Email, #7 Exhibit 7- 6-5-15 JCI email, #8 Exhibit 8- DTO Statement of Work, #9 Exhibit 9- 6-10-15 Ilkka email, #10 Exhibit 10- DTI invoices and checks, #11 Exhibit 11- 10-2-15 Letter, #12 Exhibit 12- 3-31-16 T. Barnard letter, #13 Exhibit 13- 4-7-16 JCI letter, #14 Exhibit 14- 4-19-16 JCI email, #15 Exhibit 15- 2-25-15 Hartzler email)(Barnard, Thomas)

April 26, 2016

Filing 123 MOTION to Compel by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

April 22, 2016

Filing 122 REPLY to Response to Motion re #115 MOTION for Leave to File /Submit Order Of The Bankruptcy Court In Support Of Opposition To Plaintiffs' Motions To Remand filed by Johnson Controls Inc. (Attachments: #1 Exhibit A)(Hall PHV, Thomas)

April 21, 2016

Filing 121 MOTION HEARING held on 4/21/2016 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Ulmer, Gardner, O'Neil, Barnard, Michael. Dft appeared by atty Hartzler, Hall. re #72 MOTION to Disqualify Counsel ; Court hears from counsel. Matter taken under advisement. (Court Reporter D Bonk.) (slm)

April 18, 2016

Filing 120 ORDER granting #108 Motion to Seal. The Court DIRECTS the Clerk to maintain JCI's response brief under seal (DE 107). Signed by Magistrate Judge Christopher A Nuechterlein on 4/18/16. (cc: Tocon Holdings LLC) (ksp)

April 12, 2016

Filing 119 ORDER: The Court GRANTS YAUBs motions #104 . The Court DIRECTS the Clerk to maintain YAUBs sur-reply and attached exhibit under seal. #117 and [117-1]. Signed by Magistrate Judge Christopher A Nuechterlein on 4/12/2016. cc: Tocon Holdings LLC (rmn)

April 12, 2016

Filing 118 RESPONSE to Motion re #115 MOTION for Leave to File /Submit Order Of The Bankruptcy Court In Support Of Opposition To Plaintiffs' Motions To Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit Adkins Email, #2 Exhibit Insurance Binder)(Barnard, Thomas)

April 8, 2016

Filing 117 Sealed Document re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP. (Attachments: #1 Exhibit A)(Glavin, Daniel)

April 7, 2016

Filing 116 SUR-REPLY IN OPPOSITION by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar to #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP . (Barnard, Thomas)

April 7, 2016

Filing 115 MOTION for Leave to File /Submit Order Of The Bankruptcy Court In Support Of Opposition To Plaintiffs' Motions To Remand by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A)(Hall PHV, Thomas)

April 4, 2016

Filing 114 ORDER: GRANTING #103 Motion for Leave to File Sur-Reply. YAUB may separately file its sur-reply by 4/11/16. Signed by Magistrate Judge Christopher A Nuechterlein on 4/4/16. (cc: Tocon Holdings)(jld)

April 4, 2016

Filing 113 ORDER: GRANTING #102 Motion for Leave to File Sur-Reply. Taft may separately file its sur-reply by 4/11/2016. Signed by Magistrate Judge Christopher A Nuechterlein on 4/4/16. (jld) (cc: Tocon Holdings)

April 1, 2016

Filing 112 REPLY to Response to Motion re #103 MOTION for Leave to File Sur-Reply filed by Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)

March 30, 2016

Filing 111 REPLY to Response to Motion re #102 MOTION for Leave to File Sur-Reply filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

March 29, 2016

Filing 110 ORDER terminating #27 Motion to Remand to State Court; dismissing with leave to refile once the consolidated motion to remand has been resolved #30 Motion to Certify Class. Signed by Judge Jon E DeGuilio on 3/29/16. (ksp)

March 28, 2016

Filing 109 Sealed Document re #103 MOTION for Leave to File Sur-Reply, #108 MOTION to Seal Opposition To Ulmer's Motion For Leave To File Sur-Reply. (Hall PHV, Thomas)

March 28, 2016

Filing 108 MOTION to Seal Opposition To Ulmer's Motion For Leave To File Sur-Reply by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

March 28, 2016

Filing 107 RESPONSE to Motion re #102 MOTION for Leave to File Sur-Reply filed by Johnson Controls Inc. (Hall PHV, Thomas)

March 23, 2016

Filing 106 ORAL ORDER Setting an in-court Oral Arguments on Motion #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP : Oral Arguments set for 4/21/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.Approved by Magistrate Judge Christopher A Nuechterlein on 3/23/16. (slm)

March 23, 2016

Filing 105 Sealed Document. (Attachments: #1 Exhibit A)(Glavin, Daniel)

March 23, 2016

Filing 104 MOTION to Seal Sur-Reply by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)

March 23, 2016

Filing 103 MOTION for Leave to File Sur-Reply by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)

March 23, 2016

Filing 102 MOTION for Leave to File Sur-Reply by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 Sur-Reply)(Barnard, Thomas)

March 16, 2016

Filing 101 ORDER GRANTING #99 MOTION to Seal by Defendant Johnson Controls Inc. The Court DIRECTS the Clerk to maintain JCI's reply brief and accompanying exhibits under seal, #100 , #100 -1 through #100 -6. Signed by Magistrate Judge Christopher A Nuechterlein on 3/16/2016. (lhc)

March 14, 2016

Filing 100 Sealed Document re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hall PHV, Thomas)

March 14, 2016

Filing 99 MOTION to Seal by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

March 10, 2016

Filing 98 ORDER granting #91 Motion to Seal. The Court DIRECTS the Clerk to maintain YAUBs response and supporting materials under seal. Doc. No. #92 . Signed by Magistrate Judge Christopher A Nuechterlein on 3/10/16. (kjp)

March 9, 2016

Filing 97 ORDER granting #96 Motion for Leave to File as to JCI to file oneenlarged, consolidated resply to Plaintiffs' two responses to JCI's motion to disqualify, not toexceed 30 pages, Approved by Magistrate Judge Christopher A Nuechterlein on 3/9/16. (slm)

March 8, 2016

Filing 96 MOTION for Leave to File /Unopposed Motion To File One Enlarged Consolidated Reply In Further Support Of Its Motion To Disqualify Plaintiffs' Law Firms by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

March 7, 2016

Filing 95 REPLY to Response to Motion re #90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1 - 3-1-16 Email from EPA, #2 Exhibit 2 - EPA Website, #3 Exhibit 3 - Asbestos Notification, #4 Exhibit 4 - 10-23-14 Emails to EPA, #5 Exhibit 5 - 11-21-14 Email String with B. Hershberger, #6 Exhibit 6 - 12-12-14 Inspection Summary, #7 Exhibit 7 - Dennis Carter Depo., #8 Exhibit 8 - Site Map, #9 Exhibit 9 - 1-19-16 Inspection Summary, #10 Exhibit 10 - 2-4-16 Email to EPA, #11 Exhibit 11 - Remediation Agreement, #12 Exhibit 12 - 7-27-09 Email from Werwie, #13 Exhibit 13 - 3-6-12 Email String re: Demolition, #14 Exhibit 14 - 4-4-12 Email String, #15 Exhibit 15 - Nov. 2013 Photographs, #16 Exhibit 16 - Dec. 2013 Photographs)(Barnard, Thomas)

February 25, 2016

Filing 94 RESPONSE to Motion re #90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand filed by Johnson Controls Inc. (Hall PHV, Thomas)

February 19, 2016

Filing 93 RESPONSE to Motion re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1-3/6/12 Email, #2 Exhibit 2-4/04/12 Email, #3 Exhibit 3-Swift Criminal History, #4 Exhibit 4-11/12/13 Email, #5 Exhibit 5-12/11/13 Email, #6 Exhibit 6-Keramida Report, #7 Exhibit 7-6/22/11 Email, #8 Exhibit 8-Pinnyei Complaint, #9 Exhibit 9-Pinnyei Report, #10 Exhibit 10-Pinnyei Data, #11 Exhibit 11-IDEM letter, #12 Exhibit 12-12/23/03 Email, #13 Exhibit 13-1/16/04 Email, #14 Exhibit 14-7/15/04 Email, #15 Exhibit 15-7/27/09 Email, #16 Exhibit 16-GZA Project Description, #17 Exhibit 17-Schmucker affidavit, #18 Exhibit 18-Stewart affidavit, #19 Exhibit 19-Vandiepenbos affidavit, #20 Exhibit 20-Letters to neighborhood, #21 Exhibit 21-Vapor Rpt., #22 Exhibit 22-1/25/11 Email, #23 Exhibit 23-2/22/11 Email, #24 Exhibit 24-6/14/11 Email, #25 Exhibit 25-3/16/11 Email, #26 Exhibit 26-4/08/11 Email, #27 Exhibit 27-2/23/12 Email, #28 Exhibit 28- Null photo, #29 Exhibit 29-Ambrosen affidavit, #30 Exhibit 30-Barnard affidavit, #31 Exhibit 31-Permit App., #32 Exhibit 32-1/28/09 Email, #33 Exhibit 33-Michael affidavit, #34 Exhibit 34-Gardner affidavit, #35 Exhibit 35-3/28/12 Email, #36 Exhibit 36-D. Hostetler Dep., #37 Exhibit 37-A. Hostetler Dep., #38 Exhibit 38-Chairez Dep., #39 Exhibit 39-Ulmer affidavit, #40 Exhibit 40-Butler affidavit, #41 Exhibit 41-Null Dep., #42 Exhibit 42-Tovar letter, #43 Exhibit 43-Tovar Dep., #44 Exhibit 44-Tovar Aff., #45 Exhibit 45-ABA Opinion)(Barnard, Thomas)

February 19, 2016

Filing 92 Sealed Document re #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Glavin, Daniel)

February 19, 2016

Filing 91 MOTION to Seal by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)

February 8, 2016

Filing 90 MOTION for Leave to File Newly Discovered Evidence in Support of Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - Asbestos Inspection Report)(Barnard, Thomas)

January 27, 2016

Filing 89 NOTICE of Appearance by Michael E O'Neill on behalf of Yoder Ainlay Ulmer & Buckingham (O'Neill, Michael)

January 27, 2016

Filing 88 ORDER granting #87 Motion for Extension of Time to File Response/Reply to #72 . Response to be filed by 2/19/2016 Reply to be filed by 3/14/2016.Approved by Magistrate Judge Christopher A Nuechterlein on 1/27/16. (slm)

January 26, 2016

Filing 87 MOTION for Extension of Time to File Response/Reply to Motion to Disqualify Counsel by Defendant Yoder Ainlay Ulmer & Buckingham. (Glavin, Daniel)

January 26, 2016

Filing 86 NOTICE of Appearance by Daniel W Glavin on behalf of Yoder Ainlay Ulmer & Buckingham (Glavin, Daniel)

January 14, 2016

Filing 85 SUR-REPLY -- Defendant Johnson Controls, Inc.'s Sur-Reply Opposition To Plaintiffs' Supplemental Motion To Remand by Johnson Controls Inc to #74 Reply to Response to Motion,,,,,,, . (Attachments: #1 Index of Exhibits, #2 A- Dec 2014 Inspection, #3 B - Motion to Dismiss Hrg. Tr., #4 C - Dec 2015 Inspection, #5 D - Motion to Dismiss, #6 E - Adkins Rule 2004 Exam Tr.)(Hall PHV, Thomas)

January 11, 2016

Filing 84 TELEPHONE CONFERENCE held on 1/11/2016 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Ulmer, Barnard. Dft appeared by atty Skroback, Hall, Hartzler. STAY as to dft Tocon remains in effect. By agreement of the parties the Defendant expert witness disclosures and reports to be delivered to the plaintiff by 8/31/2016. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 6/30/2016. (Court Reporter D Bonk.) (slm)

January 11, 2016

Filing 83 NOTICE of Appearance by Michael P O'Neil on behalf of All Plaintiffs (O'Neil, Michael)

January 6, 2016

Filing 82 ORDER GRANTING #65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar; GRANTING #79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand by Defendant Johnson Controls Inc. Sur-Reply to be filed by 1/14/2016 and must not exceed 7 pages, as outlined in Order. Signed by Magistrate Judge Christopher A Nuechterlein on 1/6/2016. (lhc) (cc: Tocon Holdings LLC)

January 4, 2016

Filing 81 REPLY to Response to Motion re #79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand filed by Johnson Controls Inc. (Hall PHV, Thomas)

January 4, 2016

Filing 80 RESPONSE to Motion re #79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

December 31, 2015

Filing 79 MOTION for Leave to File Sur-Reply Opposition to Plaintiffs' Supplemental Motion to Remand by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit 1 - Sur-Reply, #2 Index of Exhibits to Sur-Reply, #3 Exhibit A to Sur-Reply - Keramida 5/12 Tr., #4 Exhibit B to Sur-Reply - Keramida 9/23 Tr., #5 Exhibit C to Sur-Reply - Bankruptcy 12/16 Tr., #6 Exhibit D to Sur-Reply - IDEM 2014 Inspection, #7 Exhibit E to Sur-Reply - IDEM 2015 Inspection, #8 Exhibit F to Sur-Reply - Motion to Dismiss, #9 Exhibit G to Sur-Reply - Adkins 12/3 Tr.)(Hall PHV, Thomas)

December 28, 2015

Filing 78 ORDER: Court GRANTS #75 Motion for Leave to File Surreply. Plaintiff's Surreply in Opposition to JCI's Motion to Strike is deemed filed as of the date of this Order. Signed by Magistrate Judge Christopher A Nuechterlein on 12/28/2015. cc: Tocon Holdings LLC (tc)

December 28, 2015

Filing 77 ORDER granting #76 Motion for Extension of Time to File Response/Reply to #72 . Response to be filed by 2/5/2016 Reply to be filed by 2/29/2016.Approved by Magistrate Judge Christopher A Nuechterlein on 12/28/15. (slm)

December 23, 2015

Filing 76 MOTION for Extension of Time to File Response/Reply as to #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

December 23, 2015

Filing 75 MOTION for Leave to File Surreply by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1: Surreply)(Barnard, Thomas)

December 21, 2015

Filing 74 REPLY to Response to Motion re #27 Supplemental MOTION to Remand to State Court , #21 MOTION to Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit 1- JCI Responses to RFPs, #2 Exhibit 2- 2015 Semiannual Report, #3 Exhibit 3- 4/29/10 Email, #4 Exhibit 4- Bankruptcy Hearing Transcript, #5 Exhibit 5- 7/17/13 NOV, #6 Exhibit 6 - 10/28/13 Compliance Letter, #7 Exhibit 7- 6/12/13 Email, #8 Exhibit 8- 6/13/13 Email, #9 Exhibit 9- 8/10/13 Email, #10 Exhibit 10- Keramida Deposition Excerpts, #11 Exhibit 11- Adkins Deposition Excerpts, #12 Exhibit 12 Part 1-Asbestos Report, #13 Exhibit 12 Part 2-Asbestos Report, #14 Exhibit 12 Part 3-Asbestos Report, #15 Exhibit 12 Part 4-Asbestos Report, #16 Exhibit 12 Part 5-Asbestos Report, #17 Exhibit 12 Part 6-Asbestos Report, #18 Exhibit 12 Part 7-Asbestos Report, #19 Exhibit 13- Hershberger Deposition Excerpts, #20 Exhibit 14- 7/27/09 Email, #21 Exhibit 15- 5/11/11 Email, #22 Exhibit 16- 2/23/12 Email, #23 Exhibit 17- 3/6/12 Email, #24 Exhibit 18- 4/4/12 Email, #25 Exhibit 19- 4/24/12 Email, #26 Exhibit 20- Swift Criminal History, #27 Exhibit 21- Swift LaGrange County Information, #28 Exhibit 22- Carter Deposition Excerpts, #29 Exhibit 23- IDEM Asbestos Notification, #30 Exhibit 24- 8/15/12 Email, #31 Exhibit 25- 7/9/13 Email, #32 Exhibit 26- Proposal for Asbestos Removal, #33 Exhibit 27- 11/12/13 Email, #34 Exhibit 28- 12/11/13 Email, #35 Exhibit 29- ATSDR on Asbestos, #36 Exhibit 30- 10/5/15 Email, #37 Exhibit 31- 10/5/15 Email, #38 Exhibit 32- Bankruptcy Court Minute Entry, #39 Exhibit 33- 10/2/15 Email)(Barnard, Thomas)

December 19, 2015

Filing 73 BRIEF in Support of #72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Gorom Decl., #2 Exhibit B - A.Hostetler Tr., #3 Exhibit C - D.Hostetler Tr., #4 Exhibit D - Null Tr., #5 Exhibit E - Chairez Tr., #6 Exhibit F - Tovar Tr.)(Hall PHV, Thomas)

December 19, 2015

Filing 72 MOTION to Disqualify Counsel /The Law Firms Of Yoder, Ainlay, Ulmer & Buckingham LLP and Taft, Stettinius & Hollister LLP by Defendant Johnson Controls Inc. (Hall PHV, Thomas)

December 18, 2015

Filing 71 REPLY to Response to Motion re #50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner filed by Johnson Controls Inc. (Attachments: #1 Exhibit A - Wyner Sur-Rebuttal, #2 Exhibit B - Cohen Tr., #3 Exhibit C - Wyner Tr.)(Hall PHV, Thomas)

December 18, 2015

Filing 70 REPLY to Response to Motion re #65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

December 17, 2015

Filing 69 ORDER GRANTING re #67 MOTION to Withdraw as Counsel filed by Johnson Controls Inc, Attorney Robert A Roth; Edward V Walsh, III; Jennifer L Ilkka and James A Rolfes terminated. Approved by Magistrate Judge Christopher A Nuechterlein on 12/17/15. (slm)

December 17, 2015

Filing 68 NOTICE of Appearance by Lauren T Lee PHV on behalf of Johnson Controls Inc (Lee PHV, Lauren)

December 16, 2015

Filing 67 MOTION to Withdraw as Counsel by Defendant Johnson Controls Inc, Counter Claimant Johnson Controls Inc, Cross Defendant Johnson Controls Inc. (Ilkka, Jennifer)

December 16, 2015

Filing 66 RESPONSE to Motion re #65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand filed by Johnson Controls Inc. (Hall PHV, Thomas)

December 15, 2015

Filing 65 MOTION for Leave to File Excess Pages for Consolidated Reply in Support of Plaintiffs' Two Motions to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

December 9, 2015

Filing 64 ORDER granting #62 Application to Appear Pro Hac Vice of Attorney Lauren T Lee PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 12/09/2015. (mtr)

December 8, 2015

Filing 63 RESPONSE to Motion re #50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A - Scott dep., #2 Exhibit B - Alexander dep., #3 Exhibit C - Cohen/Steiner Rebuttal, #4 Exhibit D - Cohen dep., #5 Exhibit E - Scott Rebuttal, #6 Exhibit F - Kunkle Rebuttal, #7 Exhibit G - Cowan Affidavit, #8 Exhibit H - Petition to Appeal, #9 Exhibit I - Horewitz Declaration, #10 Exhibit J - Order July 1, 2015, #11 Exhibit K - Wyner dep., #12 Exhibit L - Gardner Affidavit)(Barnard, Thomas)

December 3, 2015

Filing 62 Application for Attorney Lauren T. Lee to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2813750(Pro Hac Vice Temporary login, )

December 2, 2015

Filing 61 ORDER granting #60 Motion to Continue. Telephonic Status Conference reset for 1/11/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.Approved by Magistrate Judge Christopher A Nuechterlein on 12/2/15. (slm)

December 1, 2015

Filing 60 MOTION to Continue the December 9, 2015 Status Conference (Unopposed) by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hartzler, Kelly)

November 12, 2015

Filing 59 ORDER granting #58 Application to Appear Pro Hac Vice of Attorney Scott William Coyle PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 11/12/2015. (mtr)

November 11, 2015

Filing 58 Application for Attorney Scott William Coyle to Appear Pro Hac Vice on behalf of Johnson Controls, Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2796040(Pro Hac Vice Temporary login, )

November 4, 2015

Filing 57 ORDER granting #56 Motion to Continue telephonic status. Telephonic Status Conference set for 12/9/2015 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.Approved y Magistrate Judge Christopher A Nuechterlein on 11/4/15. (slm)

November 3, 2015

Filing 56 MOTION to Continue November 16, 2015 Telephonic Conference by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

October 29, 2015

Filing 55 ORDER granting #54 Motion for Extension of Time to File Response/Reply to #50 . Response to be filed by 12/8/2015 Reply to be filed by 12/18/2015.Approved by Magistrate Judge Christopher A Nuechterlein on 10/29/15. (slm)

October 28, 2015

Filing 54 MOTION for Extension of Time to File Response/Reply as to #50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

October 27, 2015

Filing 53 ORDER denying with leave to refile #52 Motion to Stay all deadlines. Signed by Judge Jon E DeGuilio on 10/27/15. (mc)

October 26, 2015

Filing 52 Joint MOTION to Stay Case Deadlines by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

October 22, 2015

Filing 51 ORDER granting #47 Motion for Conference. Telephonic Status Conference set for 11/16/2015 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.The court will call all counsel listed on the docket sheet unless it is notified that specified attorneys need not be contacted. If, at the time of the scheduled conference, you will not be at the telephone number identified on the docket please contact chambers. Approved by Magistrate Judge Christopher A Nuechterlein on 10/22/15. (slm)

October 21, 2015

Filing 50 MOTION in Limine /Defendant Johnson Controls, Inc.'s Motion To Strike The Expert Report Of Malcolm S. Cohen And Laura Steiner by Defendant Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Errata M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Hall PHV, Thomas)

October 21, 2015

Filing 49 RESPONSE to Motion re #27 Supplemental MOTION to Remand to State Court , #21 MOTION to Remand -- Defendant Johnson Controls, Inc.'s Consolidated Opposition To Plaintiffs' Motion To Remand And Supplemental Motion To Remand filed by Johnson Controls Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X)(Hall PHV, Thomas)

October 21, 2015

Filing 48 RESPONSE to Motion re #47 MOTION for Conference to Address Impact of Bankruptcy Filing by Defendant Tocon Holdings, LLC filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A: Motion to Dismiss Bankruptcy Case)(Barnard, Thomas)

October 21, 2015

Filing 47 MOTION for Conference to Address Impact of Bankruptcy Filing by Defendant Tocon Holdings, LLC by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit Exhibit 1)(Hartzler, Kelly)

October 7, 2015

Filing 46 ORDER granting #44 Motion for Extension of Time. The briefing deadlines on Plaintiffs' motions to remand are extended. Consolidated Response to be filed by 10/21/2015. Consolidated Reply to be filed by 12/21/2015.Approved by Magistrate Judge Christopher A Nuechterlein on 10/7/15. (cck)

October 6, 2015

Filing 45 NOTICE of Bankruptcy Filing By Tocon (Attachments: #1 Exhibit Exhibit 1)(Hartzler, Kelly) Modified text to match document's caption on 10/13/2015 (mc).

October 5, 2015

Filing 44 Emergency MOTION for Extension of Time to File Response/Reply On Plaintiffs' Two Motions To Remand In Light Of Imminent Bankruptcy Filing By Tocon by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit A)(Skroback PHV, Andrew)

September 30, 2015

Filing 43 NOTICE of Appearance by Andrew E Skroback PHV on behalf of Johnson Controls Inc (Skroback PHV, Andrew)

September 29, 2015

Filing 42 ORDER granting #40 Application to Appear Pro Hac Vice of Attorney Andrew E Skroback PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 09/29/2015. (mtr)

September 25, 2015

Filing 41 ORDER granting #39 Motion for Leave to File Excess Pages.Approved by Magistrate Judge Christopher A Nuechterlein on 9/25/15. (slm)

September 25, 2015

Filing 40 Application for Attorney Andrew Skroback to Appear Pro Hac Vice on behalf of Johnson Controls Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2757360(Pro Hac Vice Temporary login, )

September 24, 2015

Filing 39 MOTION for Leave to File Excess Pages in Response to Plaintiffs' Two Motions to Remand by Defendant Johnson Controls Inc. (Hartzler, Kelly)

September 23, 2015

Filing 38 NOTICE of Appearance by Thomas Joseph Hall PHV on behalf of Johnson Controls Inc (Hall PHV, Thomas)

September 22, 2015

Filing 37 ORDER granting #36 Application to Appear Pro Hac Vice of Attorney Thomas Joseph Hall PHV for Johnson Controls Inc. Signed by Magistrate Judge Christopher A Nuechterlein on 09/22/2015. (mtr)

September 18, 2015

Filing 36 Application for Attorney Thomas J. Hall to Appear Pro Hac Vice on behalf of Johnson Controls Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2751138(Pro Hac Vice Temporary login, )

August 10, 2015

Filing 35 TRANSCRIPT of Hearing held on July 28, 2015, before Judge Christopher A. Nuechterlein. Court Reporter Joanne Hoffman, Telephone number 574-246-8038. Tape Number: Stenographically Produced. 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 8/19/2015. Redaction Request due 8/31/2015. Redacted Transcript Deadline set for 9/10/2015. Release of Transcript Restriction set for 11/9/2015. (jh)

July 31, 2015

Filing 34 ORDER: The Court now AMENDS its order nunc pro tunc to reflect that no one appeared on behalf of Tocon at the pretrial conference held on July 28, 2015, and to strike the notation about Ms. Duvall's representation at #32 . All other aspects of the Court's order remain in force. The Court also DIRECTS the Clerk to terminate Ms. Duvall's appearance in this action. The Court NOTES that Tocon is left unrepresented in this action. While individuals may litigate in this Court without representation, neither corporations nor LLCS, like Tocon, may. Consequently, the Court ADVISES Tocon that it cannot make any filings in this action without counsel. Signed by Magistrate Judge Christopher A Nuechterlein on 7/31/2015. (lhc)(cc: Tocon Holdings, LLC)

July 28, 2015

Filing 33 Preliminary Pretrial Conference held on 7/28/2015 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Ulmer, Barnard, Michael. Dft appeared by atty Iikka, Rolfes, Hartzler. No one appeared on behalf of Tocon per #34 . Court hears from counsel. Order to be entered. (Court Reporter J Hoffman.) (slm) Modified on 7/31/2015 per #34 (lhc).

July 28, 2015

Filing 32 ORDER: The Court ADVISES Ms. Duvall that her duties to Tocon in this action have not been relieved because she has not received the Court's permission to withdraw her appearance. (Stricken per #34 ) The Court CONSOLIDATES Plaintiffs' two motions to remand, #21 & #27 . Defendants' brief in response to the consolidated motion to remand is due 10/7/2015. Plaintiffs' reply brief related to the consolidated motion to remand is due 12/7/2015. The Court EXTENDS the applicability of its protective order as outlined in Order. Signed by Magistrate Judge Christopher A Nuechterlein on 7/28/2015. (lhc) Modified on 7/31/2015 to strike notation per #34 (lhc).

July 20, 2015

Filing 29 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A: 5/5/15 Hearing Transcript)(Barnard, Thomas)

July 20, 2015

Filing 28 MOTION for Extension of Time to File Response/Reply as to #27 Supplemental MOTION to Remand to State Court by Defendant Johnson Controls Inc, Counter Claimant Johnson Controls Inc, Cross Defendant Johnson Controls Inc. (Ilkka, Jennifer)

July 10, 2015

Filing 27 Supplemental MOTION to Remand to State Court by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Attachments: #1 Exhibit A = Affidavit of John Ulmer, #2 Exhibit B = Affidavit of Elko Title Corp, #3 Exhibit C = Affidavit of Gerard Alexander, #4 Exhibit D = Report of Dr. Malcolm Cohen, #5 Exhibit E = Compilation of Affidavits, #6 Exhibit F = Affidavit of Dallas Kunkle, #7 Exhibit G = Compilation of Business Certificates and Deed Info, #8 Exhibit H = April 18, 2013 Email, #9 Exhibit I = September 19, 2014 Email, #10 Exhibit J = Affidavit of Becky Hershberger, #11 Exhibit K = Affidavit of Jason Kauffman, #12 Exhibit L = December 2014 Inspection Summary, #13 Exhibit M = April 2015 Inspection Summary Follow-Up, #14 Exhibit N = January 6, 2015 Email and Attachments, #15 Exhibit O = April 22, 2015 Email and Attachments, #16 Exhibit P = June 24, 2015 Photographs, #17 Exhibit Q = June 11, 2015 Photograph, #18 Exhibit R = Affidavit of Dr. Keramida - part 1, #19 Exhibit R = Affidavit of Dr. Keramida - part 2, #20 Exhibit R = Affidavit of Dr. Keramida - part 3, #21 Exhibit R = Affidavit of Dr. Keramida - part 4)(Barnard, Thomas)

June 30, 2015

Filing 26 NOTICE of Appearance by James A Rolfes on behalf of Johnson Controls Inc (Rolfes, James)

June 30, 2015

Filing 25 ORDER granting #24 Motion for Extension of Time to File Response. Response to #21 to be filed by 8/10/2015. Approved by Magistrate Judge Christopher A Nuechterlein on 6/30/15. (slm)

June 29, 2015

Filing 24 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Remand by Defendant Johnson Controls Inc. (Hartzler, Kelly)

June 29, 2015

Filing 23 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)

June 29, 2015

Filing 22 ORDER Joint Proposed Discovery due by 7/20/2015. Rule 16 Preliminary Pretrial Conference set for 7/28/2015 11:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Magistrate Judge Christopher A Nuechterlein on 6/29/15. (slm)

June 26, 2015

Filing 21 MOTION to Remand by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (Barnard, Thomas)

June 17, 2015

Filing 20 NOTICE of Appearance by Edward V Walsh, III on behalf of Johnson Controls Inc (Walsh, Edward)

June 9, 2015

Filing 19 ORDER granting #17 Motion to Withdraw Pro Hac Vice Application; withdrawing #6 Application to Appear Pro Hac Vice of Attorney Robert A. Roth and for Refund. The Clerk is DIRECTED to issue a refund of the $93 pro hac vice fee. Signed by Magistrate Judge Christopher A Nuechterlein on 6/9/15. cc: Roth, Financial (mc)

June 8, 2015

Filing 18 NOTICE of Appearance by John D Ulmer on behalf of All Plaintiffs (Ulmer, John)

June 8, 2015

Filing 17 MOTION to Withdraw as Attorney Pro Hac Vice Application of Robert A. Roth and for Refund of Filing Fee by Defendant Johnson Controls Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Hartzler, Kelly)

June 5, 2015

Filing 16 NOTICE of Appearance by Jennifer L Ilkka on behalf of Johnson Controls Inc (Ilkka, Jennifer)

June 4, 2015

Filing 15 NOTICE of Appearance by Robert A Roth on behalf of Johnson Controls Inc (Roth, Robert)

June 3, 2015

Filing 14 NOTICE of Appearance by Melissa A Gardner on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Gardner, Melissa)

June 3, 2015

Filing 13 NOTICE of Appearance by Rodney L Michael, Jr on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Michael, Rodney)

June 3, 2015

Filing 12 NOTICE of Appearance by Thomas A Barnard on behalf of Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar (Barnard, Thomas)

May 29, 2015

Filing 6 (WITHDRAWN PER DE #19 ) Application for Attorney Robert Alan Roth to Appear Pro Hac Vice on behalf of Johnson Controls Inc.. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2651639(Hartzler, Kelly) Modified on 6/9/2015 (mc).

May 29, 2015

Filing 5 NOTICE by Johnson Controls Inc re #1 Notice of Removal,, Notice of Filing of Notice of Removal in Federal Court (Hartzler, Kelly)

May 28, 2015

Filing 31 MEMORANDUM in Support of #30 MOTION to Certify Class filed by Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (jld)

May 28, 2015

Filing 30 MOTION to Certify Class by Plaintiffs Rita Chairez, Amos Hostetler, Debbie Hostetler, Becky Null, Maria Tovar. (filed in Elkhart Circuit Court on 1/14/2015) (jld)

May 28, 2015

Filing 11 STATE COURT DOCKET SHEET which was filed as exhibit #21 to de #1 used for filing dates for docket entries #7 through #10 : State Court Case No. 20C01-1405-CT-105. (mc)

May 28, 2015

Filing 3 Corporate Disclosure Statement by Johnson Controls Inc. (Hartzler, Kelly)

May 28, 2015

Filing 2 NOTICE of Appearance by Kelly J Hartzler on behalf of Johnson Controls Inc(Hartzler, Kelly) Modified on 5/28/2015 to correct party (mc).

May 28, 2015

Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-2650770.) from Elkhart Circuit Court, Cause No. 20C01-1405-CT-105, filed by Johnson Controls Inc (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C - 01, #5 Exhibit C - 02, #6 Exhibit C - 03, #7 Exhibit C - 04, #8 Exhibit C - 05, #9 Exhibit C - 06, #10 Exhibit C - 07, #11 Exhibit C - 08, #12 Exhibit C - 09, #13 Exhibit C - 10, #14 Exhibit C - 11, #15 Exhibit C - 12, #16 Exhibit D, #17 Exhibit E, #18 Exhibit F, #19 Exhibit G, #20 Exhibit H, #21 Exhibit I, #22 Exhibit J)(Hartzler, Kelly) Modified on 5/28/2015 to correct filer (mc).

May 28, 2015

Related Case Remark - Counsel has indicated on the Civil Cover Sheet that this case is related to Case No. 3:14cv1593 JD-CAN. (mc)

May 28, 2015

Judge Jon E DeGuilio and Magistrate Judge Christopher A Nuechterlein added - NEW CASE. (mc)

February 11, 2015

Filing 10 ANSWER and Affirmative Defenses to Class Action Complaint for Damages and Injunctive Relief and Request for JURY TRIAL by Johnson Controls Inc. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)

September 22, 2014

Filing 9 REPLY to #8 Johnson Control Inc's Counterclaim and Affirmative Defenses by Tocon Holdings LLC. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)

September 9, 2014

Filing 8 ANSWER to #7 Answer to Crossclaim and COUNTERCLAIM against Tocon Holdings LLC by Johnson Controls Inc. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)

August 25, 2014

Filing 7 ANSWER to Complaint and CROSSCLAIM against Johnson Controls Inc by Tocon Holdings LLC. (Remark: document not file marked so for filed date used state court docket sheet filed under DE #1 attachment #21)(mc)

May 30, 2014

Filing 4 STATE COURT Class Action COMPLAINT for Damages and Injunctive Relief with JURY DEMAND against Johnson Controls Inc, Tocon Holdings LLC, filed by Becky Null, Amos Hostetler, Rita Chairez, Debbie Hostetler, Maria Tovar.(mc) Modified to correct filing date on 6/2/2015 (mc). (Additional attachment(s) added on 6/2/2015: #1 State Court complaint with removed double headers) (mc).

Search for this case: Hostetler et al v. Johnson Controls Inc et al
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Not classified by court: John R VanWinkle
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Special master: Gene Duffin
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Plaintiff: Amos Hostetler
Represented By:	Mark T Hayden PHV
Represented By:	Michael P O'Neil
Represented By:	Rodney L Michael, Jr
Represented By:	Thomas A Barnard
Represented By:	Benjamin A Wolowski
Represented By:	John D Ulmer
Represented By:	Melissa A Macchia
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Plaintiff: Debbie Hostetler
Represented By:	Mark T Hayden PHV
Represented By:	Michael P O'Neil
Represented By:	Thomas A Barnard
Represented By:	Benjamin A Wolowski
Represented By:	John D Ulmer
Represented By:	Melissa A Macchia
Represented By:	Rodney L Michael, Jr
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Plaintiff: Rita Chairez
Represented By:	Mark T Hayden PHV
Represented By:	Michael P O'Neil
Represented By:	Rodney L Michael, Jr
Represented By:	Thomas A Barnard
Represented By:	Benjamin A Wolowski
Represented By:	John D Ulmer
Represented By:	Melissa A Macchia
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Plaintiff: Becky Null
Represented By:	Mark T Hayden PHV
Represented By:	Michael P O'Neil
Represented By:	Rodney L Michael, Jr
Represented By:	Thomas A Barnard
Represented By:	Benjamin A Wolowski
Represented By:	John D Ulmer
Represented By:	Melissa A Macchia
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Plaintiff: Maria Tovar
Represented By:	Mark T Hayden PHV
Represented By:	Michael P O'Neil
Represented By:	Rodney L Michael, Jr
Represented By:	Thomas A Barnard
Represented By:	Benjamin A Wolowski
Represented By:	John D Ulmer
Represented By:	Melissa A Macchia
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Defendant: Johnson Controls Inc
Represented By:	Allison L Silverman PHV
Represented By:	Andrew E Skroback PHV
Represented By:	Lauren T Lee PHV
Represented By:	Thomas Joseph Hall PHV
Represented By:	Edward V Walsh, III
Represented By:	James A Rolfes
Represented By:	Jennifer L Ilkka
Represented By:	Robert A Roth
Represented By:	Scott W Coyle PHV
Represented By:	Stacey L Trimmer PHV
Represented By:	Kelly J Hartzler
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Defendant: Tocon Holdings LLC
Represented By:	Lesa C Duvall
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Defendant: Yoder Ainlay Ulmer & Buckingham
Represented By:	Daniel W Glavin
Represented By:	Michael E O'Neill
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