Jarrell et al v. International Paper Company et al
Plaintiff: Brent Jarrell, Junior Lydonis Rowell, Percy Payne, Carl M. Spicer, Iantha Spicer and Joyce Spicer
Defendant: International Paper Company, Louisiana Department of Environmental Quality and Unidentified Parties
Case Number: 2:2016cv13793
Filed: August 12, 2016
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Washington
Presiding Judge: Eldon E. Fallon
Presiding Judge: Janis van Meerveld
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 15, 2022 Opinion or Order Filing 501 ORDER: IT IS ORDERED that IP's 497 Motion for expedited consideration of the motion in limine to exclude evidence of substances and releases not at issue and IP's 500 Motion for expedited consideration of the motion for reconsideration of the Court's granting of Plaintiffs' motion to compel are GRANTED. IT IS FURTHER ORDERED that IP's 496 Motion in limine to exclude evidence of substance and releases not at issue is GRANTED. IT IS FURTHER ORDERED that IP's 498 Motion for reconsideration of the Court's granting of Plaintiffs' motion to compel is DENIED. Signed by Judge Eldon E. Fallon on 3/15/2022. (cwa)
January 3, 2022 Opinion or Order Filing 443 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Eldon E. Fallon on 1/3/2022.(cwa)
September 14, 2021 Opinion or Order Filing 400 ORDER AND REASONS denying 295 Motion for Summary Judgment. Signed by Judge Eldon E. Fallon on 9/10/2021. (cwa)
July 15, 2021 Opinion or Order Filing 312 ORDER AND REASONS: IT IS ORDERED THAT Plaintiffs' 277 Motion to Strike is GRANTED. Defendant's experts are to be DEFERRED until Phase II of this litigation. IT IS FURTHER ORDERED that Plaintiffs' 292 Motion for Partial Summary Judg ement that Black Liquor can be Corrosive to Metals; 296 Motion for Partial Summary Judgment that Black Liquor can Cause Staining to Property; 297 Motion for Partial Summary Judgment that Black Liquor can Cause Adverse Health Effects; 290 Motion for Partial Summary Judgment that Black Liquor can Cause Damage to Vegetation and Defendant's 288 Motion for Partial Summary Judgment Requesting Dismissal of Claims for Damage to Vegetation are DISMISSED without prejudice to be re-urged after Phase I. IT IS ORDERED that the 302 and 303 motions for leave to file documents related to R. Docs. 292 and 297 under seal is hereby DISMISSED as moot. Signed by Judge Eldon E. Fallon on 7/15/2021. (cwa)
June 10, 2021 Opinion or Order Filing 267 ORDER: IT IS ORDERED that Defendants' 261 Motion for Partial Summary Judgment as to the Class-Wide Claims for Injunctive and Declaratory Relief is GRANTED. IT IS ALSO ORDERED that Defendants' 262 Motion for Partial Summary Judgment on C laims for Emotional Distress Damages of Certain Subclasses is DENIED without prejudice to re-urge this motion, if necessary, after the completion of Phase One. IT IS FURTHER ORDERED that Plaintiffs' 252 Motion to Strike Defendant's Memorandum is DENIED. Signed by Judge Eldon E. Fallon on 6/10/2021. (cwa)
March 10, 2020 Opinion or Order Filing 204 ORDER AND REASONS DENYING 177 Motion to Exclude and 178 Motion to Exclude. FURTHER ORDERED that 171 Motion to Exclude is DENIED. FURTHER ORDERED that 170 Motion to Redefine Class Definition is GRANTED IN PART and DENIED IN PART. It is GRA NTED to the extent Defendant seeks to redefine the class. It is DENIED with respect to the specific definition Defendant proposes. FURTHER ORDERED that the Class Definition be redefined as set forth in document. Signed by Judge Eldon E. Fallon on 3/9/2020. (jeg)
May 21, 2019 Opinion or Order Filing 150 ORDER & REASONS that Plaintiffs' 129 Motion to Certify Class is GRANTED. IT IS FURTHER ORDERED that Shawn C. Reed and Jonathan C. Pedersen be and hereby are APPOINTED as Co-Lead Class Counsel and Co-Lead Liaison Counsel.IT IS FURTHER ORDERED t hat a Plaintiffs' Steering Committee, comprised of Shawn C. Reed; Jonathan C. Pedersen; D. Douglas Howard, Jr.; William H. Arata; and Thomas M. Discon be and hereby is ESTABLISHED. IT IS FURTHER ORDERED that Plaintiffs' provide the Court with a proposed notice by no later than Monday, May 27, 2019. Defendant may file its objection thereto, if any, by no later than Monday, June 3, 2019. Signed by Judge Eldon E. Fallon on 5/21/19. (dno)
November 4, 2016 Opinion or Order Filing 24 ORDER & REASONS that Defendant International Paper's 4 Motion to Dismiss for Failure to State a Claim is hereby GRANTED in part and DENIED in part. The Motion is GRANTED in relation to Plaintiffs claims for strict liability nuisance under Lo uisiana Civil Code Article 667. These claims are DISMISSED with prejudice. Furthermore, the Motion is GRANTED in relation to claims filed by the subclass of Plaintiffs seeking solely emotional damages, described in Paragraph 39(c) of the Complaint. These claims are DISMISSED with prejudice. FURTHER ORDERED that the Defendant's Motion is DENIED in regards to all of Plaintiffs' remaining claims. Signed by Judge Eldon E. Fallon on 11/4/2016. (cms)
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Plaintiff: Brent Jarrell
Represented By: William Harrell Arata
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Plaintiff: Junior Lydonis Rowell
Represented By: William Harrell Arata
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Plaintiff: Percy Payne
Represented By: William Harrell Arata
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Plaintiff: Carl M. Spicer
Represented By: William Harrell Arata
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Plaintiff: Iantha Spicer
Represented By: William Harrell Arata
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Plaintiff: Joyce Spicer
Represented By: William Harrell Arata
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Defendant: International Paper Company
Represented By: Tim Gray
Represented By: Erin Wedge Latuso
Represented By: Thomas Peyton Smith
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Defendant: Louisiana Department of Environmental Quality
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Defendant: Unidentified Parties
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