Modern Holdings, LLC et al v. Corning, Inc. et al
| Modern Holdings, LLC and Gay Bowen |
| Corning, Inc., Royal Philips Electronics, N.V. Koninklijke and Philips Electronics North America Corporation |
| 5:2013cv00405 |
| November 27, 2013 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Boyle |
| Gregory F. Van Tatenhove |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
748
MEMORANDUM OPINION & ORDER: Plas ask that the Court defer taxing costs until after the appeals process, reduce or deny costs, and assess any costs to the Plas individually. R. 708 , 737 .For the reasons explained, Court DENIES Plas' 708 requests. Signed by Judge Gregory F. VanTatenhove on 08/07/2023. (DC) cc: COR
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Filing
725
MEMORANDUM OPINION & ORDER: 1. The Defendants' Motion to Dismiss Kayelynn Ford Pittman's Claims [R. 709 ] is DENIED and 2. This case is REFERRED to Magistrate Judge Edward B. Atkins for the purpose of conducting a status conference. Signed by Judge Gregory F. VanTatenhove on 4/17/23. (JLM)cc: COR and Kayelynn F. Pittman by U.S. mail
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Filing
655
MEMORANDUM OPINION & ORDER: 1. Dft Philips Electronics North America's 594 MOTION to Exclude Opinions of Albert Westerman is DENIED; 2. Dft Philips Electronics North America's 595 MOTION for Summary Judgment is DENIED. Signed by Judge Gregory F. VanTatenhove on 7/22/2022.(SLH)cc: COR
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Filing
638
MEMORANDUM OPINION & ORDER: Philip's 575 MOTION for Reconsideration re 571 Memorandum Opinion & Order is DENIED. Signed by Judge Gregory F. VanTatenhove on 7/14/2022.(SLH)cc: COR
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Filing
581
ORDER: Judge Atkins's Report and Recommendation R. 573 will not be adopted because these parties have already been dismissed with prejudice, rending the matter moot. Signed by Judge Gregory F. VanTatenhove on 4/19/22.(JLM)cc: COR
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Filing
576
MEMORANDUM OPINION & ORDER: granting in part and denying in part 503 Motion for Summary Judgment as follows: 1. The motion as to property damage claims arising from TCE or arsenic is GRANTED; 2. The motion as to Plaintiffs' negligence claim s, including that Plaintiffs have failed to prove actionable harm to their properties (Counts IIII) is DENIED; 3. The motion as to Plaintiffs' negligence per se claims (Count IV) is GRANTED; 4. Corning, Inc. and Philips North America's re quest that Counts IIV be barred on statute of limitations grounds is DENIED; 5. Corning, Inc. and Philips North Americas request that Plaintiffs' not be permitted to recover remediation costs as damages for the property damage claims (Counts I IV) is GRANTED; 6. The motion as to Plaintiffs' fraudulent concealment claim (Count VI) is GRANTED; 7. The motion as to Plaintiffs' claims for battery or negligent infliction of emotion distress (Counts V and VII) are GRANTED as to the bellwether Plaintiffs; and 8. The motion as to the individual plaintiffs Melvin Harris, Brenda Carter, Modern Holdings, and Janet Mitchel is DENIED. Signed by Judge Gregory F. VanTatenhove on 3/28/22. (JLM)cc: COR
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Filing
571
MEMORANDUM OPINION & ORDER: 1) Corning, Inc. & Philips North America's 482 & 487 MOTION to Exclude are DENIED; 2) Corning, Inc. & Philips North America's 483 MOTION to Exclude is GRANTED IN PART and DENIED IN PART; 3) Corning, Inc. & Philips North America's 485 MOTION to Exclude is DENIED AS MOOT; 4) Corning, Inc. & Philips North America's 484 MOTION to Exclude is GRANTED; 5) Pla's 488 , 490 , 491 & 492 MOTIONS to Exclude are DENIED; 6) Pla's 489 MOTION to Exclude is GRANTED IN PART and DENIED IN PART. Signed by Judge Gregory F. VanTatenhove on 03/09/2022. (MDC) cc: COR
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Filing
559
MEMORANDUM OPINION & ORDER: 1. Defendant's 466 MOTION to Dismiss is GRANTED IN PART and DENIED IN PART as follows; 2. The following Plaintiffs' personal injury claims are DISMISSED WITH PREJUDICE in their entirety: Robert Bradley Mille r, Christian Robert Cheak, Elana Ford, Holly Gooch, Darlene Hagan, Jonathan Llamas, Misti Llamas, James Ross, Hugh Shepherd, Nancy Vanover, Stacy Wilson as Guardian of her minor son A.B.; 3. It is further ORDERED the following Plaintiffs' perso nal injury claims are not dismissed in their entirety, but are LIMITED to the listed medical conditions/illnesses: a. Marilyn Burgess atrial fibrillation, breast cancer, and high blood pressure, b. Diana (Perry) Coffey vaginal cancer, chronic bronc hitis, COPD, arthritis, and high blood pressure, c. Jennifer Fox lupus and arthritis, d. David Johnson multiple sclerosis and high blood pressure, e. Nathanial Johnson ADHD, f. Clifford Lister high blood pressure and type 2 diabetes, g. Darlene L ister uterine cancer, rheumatoid arthritis, and high blood pressure, h. Alice Miller high blood pressure, thyroid tumors and eczema, i. Robert (Bob) Miller high blood pressure and skin cancer, j. David Owsley atrial fibrillation, high blood press ure, and pancreatitis, k. Charlie Perry high blood pressure, and stroke, l. Steve Reed high blood pressure and diabetes, m. Cara Rogers neuropathy, n. Victoria Troxler breast cancer, o. Gene Walker multiple sclerosis and diabetes. Signed by Judge Gregory F. Van Tatenhove on 1/28/2022.(KM)cc: COR Modified on 1/31/2022 (KM).
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Filing
431
MEMORANDUM OPINION & ORDER: (1) GRANTED IN PART & DENIED IN PART dfts' 364 MOTION to Dismiss; (2) following plas personal injury claims are DISMISSED WITH PREJUDICE in their entirety: Latrese Barbour, Margo Caldwell, Deon Duncan, Kelvi n Galbreath, Darren Hays, Gloria Lewis, Michelle Coffman Morton, Chantee (Trumbo) Nolan, John Raines, Jr, Brihana Trumbo, Demaya Trumbo, Demmontrell Trumbo, Demonte Trumbo, Dewayne Trumbo, & Dnia Trumbo; (3) as identified in this order, plas' personal injury claims are not dismissed in their entirety but are LIMITED to the listed medical conditions/illnesses.. Signed by Judge Gregory F. VanTatenhove on 10/9/20.(KJR)cc: COR
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Filing
425
MEMORANDUM OPINION & ORDER: 1. Defendant's Motion to Dismiss for Failure to State a Claim [R. 362 , R. 365 ] are DENIED; 2. Defendants' Motion to Dismiss for failure to state a claim [R. 392]] is DENIED; 3. The Clerk of Court is DIRECTED to REMOVED Justin Burgess and Robert Lance form the case caption. Signed by Judge Gregory F. Van Tatenhove on 9/11/2020.(KM)cc: COR Modified text on 9/11/2020 (KM).
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Filing
346
MEMORANDUM OPINION AND ORDER: 1. Defendants' Motion to Dismiss 316 is GRANTED; 2. All claims of Minor Plaintiffs E.N., S.N., and M.N. are DISMISSED WITH PREJUDICE; and 3. The claims by Plaintiffs Wanda Beasley, Donna Smith, Walter Smith, and Mary Emily Orberson for Negligent Infliction of Emotional Distress are DISMISSED WITH PREJUDICE. Signed by Judge Gregory F. VanTatenhove on 4/26/2019. (STC)cc: COR
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Filing
291
MEMORANDUM OPINION & ORDER: Plaintiffs' 251 Motion to Certify Class Action is DENIED. Signed by Judge Gregory F. VanTatenhove on 3/29/2018. (STC)cc: COR
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Filing
287
MEMORANDUM OPINION & ORDER: Defendants' 267 Motion to Exclude the Opinion of Albert Westerman, Ph.D. is DENIED. Signed by Judge Gregory F. Van Tatenhove on 1/25/2018. (STC)cc: COR
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Filing
216
MEMORANDUM OPINION & ORDER: 1. Magistrate Judge's Report and Recommendation 209 is ADOPTED as and for the opinion of the Court; 2. Defendants' Motion to Strike Affidavits and Dismiss All Claims 189 is DENIED; and 3. Plaintiffs' Motion for Case Management Conference 185 is GRANTED. Time, date, and location of such a conference shall issue by subsequent order. Signed by Judge Gregory F. Van Tatenhove on 8/17/2016.(STC)cc: COR
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Filing
160
MEMORANDUM OPINION & ORDER: 1. Plts' 151 MOTION for Reconsideration re 146 Order is DENIED; 2. Plts shall be given 90 days, rather than 60, to comply w/ Lone Pine phase of discovery instituted by the Magistrate Judge. W/ excepti on of this time extension, parties are directed to move forward in full accordance w/ Magistrate Judge's Order 146 and Case Management Order 147 ; 3. Plts' other pending motions, 149 MOTION for Hearing re 148 Objections, 152 MOTION to Expedite, are DENIED AS MOOT. Signed by Judge Gregory F. VanTatenhove on 10/27/2015.(STC)cc: COR
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Filing
145
MEMORANDUM OPINION & ORDER: 115 MOTION Requesting Finality Language In Court Order Dismissing Strict Liability And Negligent Misrepresentation Claims re 110 Order is DENIED. Signed by Judge Gregory F. Van Tatenhove on 9/11/2015.(STC)cc: COR
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Filing
111
MEMORANDUM OPINION & ORDER: 1. Corning's 44 Motion to Strike Class Allegations is DENIED; and 2. Philips adopted and incorporated by reference Corning's arguments on this issue in its Motion to Dismiss 45 . That motion is DENIED to extent it relates to motion to strike class action allegations. Signed by Judge Gregory F. Van Tatenhove on 3/31/2015. (STC)cc: COR
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