Guidry et al v. Dow Chemical Company et al
Plaintiff: Sheila Guidry, Ramona Alexander, Bates Whiteside, Melissa Wilson Berniard, Henry Holmes and Vanessa Wilson
Defendant: Department of Environmental Quality State of Louisiana, Steve Milligan, Dow Chemical Company, Union Carbide Coporation, Union Carbide Corporation and Praxair Inc
Case Number: 2:2019cv12233
Filed: August 20, 2019
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Martin LC Feldman
Referring Judge: Karen Wells Roby
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2019 Opinion or Order Filing 30 RESPONSE/MEMORANDUM in Opposition filed by Dow Chemical Company, Union Carbide Corporation re #29 MOTION to Stay . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Foco, Phillip)
October 1, 2019 Opinion or Order Filing 29 MOTION to Stay by Ramona Alexander, Sheila Guidry, Vanessa Wilson. Motion(s) will be submitted on 10/23/2019. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Austin, Ron)
September 30, 2019 Opinion or Order Filing 28 TRANSCRIPT of Motion Hearing held on September 18, 2019 before Judge Martin L. C. Feldman. Court Reporter/Recorder Toni Tusa, Telephone number 504-589-7778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 12/30/2019. (rsg)
September 27, 2019 Opinion or Order Filing 27 **DEFICIENT** EXPARTE/CONSENT Proposed MOTION to Stay re #25 Order on Motion to Remand, Pending Appeal by Ramona Alexander, Sheila Guidry. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Austin, Ron) Modified on 9/30/2019 (sa).
September 26, 2019 Opinion or Order Filing 26 **DEFICIENT** EXPARTE/CONSENT First MOTION to Stay re #25 Order on Motion to Remand, by Ramona Alexander, Sheila Guidry. (Attachments: #1 Notice of Submission Notice of Submission, #2 Proposed Order Proposed Order)(Austin, Ron) Modified on 9/27/2019 (clw).
September 19, 2019 Opinion or Order Filing 25 ORDER AND REASONS - IT IS ORDERED that the plaintiff's Motion to Remand (Rec. Doc. #5 ) is DENIED without prejudice. Plaintiffs shall complete jurisdictional discovery within ninety days, after which the Court will consider another motion to remand, if necessary, based on the size of the class and specifics about class member symptoms. Signed by Judge Martin L.C. Feldman on 9/19/2019. (sa)
September 18, 2019 Opinion or Order Filing 24 Minute Entry for proceedings held before Judge Martin L.C. Feldman: Motion Hearing held on 9/18/2019 re #5 MOTION to Remand filed by Plaintiffs'. (Court Reporter Toni Tusa.) (cbs)
September 12, 2019 Opinion or Order Filing 23 Supplemental Memorandum filed by Ramona Alexander, Sheila Guidry, Henry Holmes, Bates Whiteside, Vanessa Wilson, in Support of #5 MOTION to Remand. (Attachments: #1 Exhibit)(ko)
September 12, 2019 Opinion or Order Filing 22 ORDER granting #20 Motion for Leave to File Supplemental Memorandum. Signed by Judge Martin L.C. Feldman on 9/12/19. (ko)
September 12, 2019 Opinion or Order Filing 21 ORDER granting #19 Motion to Substitute Attorney. IT IS ORDERED that the Motion is GRANTED, and that Benjamin Gulick is substituted in place of Jennifer Eagan as co-counsel for the Plaintiff Class. Signed by Judge Martin L.C. Feldman on 9/12/2019. (sa)
September 11, 2019 Opinion or Order Filing 20 EXPARTE/CONSENT First MOTION for Leave to File Supplemental Reply Memorandum by Sheila Guidry. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 4 to proposed pleading)(Austin, Ron)
September 11, 2019 Opinion or Order Filing 19 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Benjamin W. Gulick to be substituted in place of Jennifer Eagan by Sheila Guidry. (Attachments: #1 Proposed Order)(DiLeo, Gregory)
September 9, 2019 Opinion or Order Filing 18 *DEFICIENT* EXPARTE/CONSENT MOTION to Withdraw Madro Bandaries and Jennifer Eagan as Attorney , MOTION to Enroll as Counsel of Record Benjamin Gulick by Sheila Guidry. (Attachments: #1 Proposed Order)(DiLeo, Gregory) Modified on 9/10/2019 (sa).
September 3, 2019 Opinion or Order Filing 17 ORDER AND REASONS as to #11 Request/Statement of Oral Argument. IT IS ORDERED that the Request for Oral Argument is GRANTED. The plaintiffs' Motion to Remand (Rec. Doc. #5 ) will be heard on September 18, 2019 at 10:30 a.m. Each side shall be allotted 20 minutes for argument. All counsel shall be mindful of 28 U.S.C. 1927. Signed by Judge Martin L.C. Feldman on 9/3/2019.(sa)
September 3, 2019 Opinion or Order Filing 16 Statement of Corporate Disclosure by Union Carbide Corporation identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation and identifying corporate parent Dow, Inc. for Dow Chemical Company. (Abramson, Neil) Modified text on 9/4/2019 (pp).
September 3, 2019 Opinion or Order Filing 15 Statement of Corporate Disclosure by Dow Chemical Company identifying Dow, Inc. as Corporate Parent for Dow Chemical Company. (Foco, Phillip) Modified text on 9/4/2019 (pp).
September 3, 2019 Opinion or Order Filing 14 DEMAND for Trial by Jury by Dow Chemical Company, Union Carbide Corporation (Foco, Phillip)
September 3, 2019 Opinion or Order Filing 13 Notice of Compliance with L.R. 3.2 by Dow Chemical Company, Union Carbide Corporation. (Foco, Phillip)
September 3, 2019 Opinion or Order Filing 12 REPLY Memorandum filed by Sheila Guidry in Support of #5 MOTION to Remand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Austin, Ron) Modified text on 9/3/2019 (sa).
August 29, 2019 Opinion or Order Filing 11 Request/Statement of Oral Argument by Dow Chemical Company, Union Carbide Corporation regarding #5 MOTION to Remand (Hunt, Patrick)
August 29, 2019 Opinion or Order Filing 10 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal filed by Union Carbide Corporation, Dow Chemical Company. (pp)
August 29, 2019 Opinion or Order Filing 9 RESPONSE/MEMORANDUM in Opposition filed by Dow Chemical Company and Union Carbide Corporation re #5 MOTION to Remand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Foco, Phillip) Modified text/filers on 8/29/2019 (sa).
August 27, 2019 Opinion or Order Filing 8 ORDER granting #4 MOTION to Expedite. IT IS ORDERED that the motion for expedited hearing is hereby GRANTED. IT IS FURTHER ORDERED that the hearing on the plaintiffs' #5 Motion to Remand is RESET to Wednesday, September 4, 2019, on the papers; the removing defendants shall file any opposition papers no later than Thursday, August 29, 2019 at 4:30 p.m., and any reply is due no later than Tuesday, September 3, 2019 at 4:30 p.m. Signed by Judge Martin L.C. Feldman on 8/27/2019.(sa)
August 26, 2019 Opinion or Order Filing 7 ORDER TRANSFERRING CASE. Case transferred to Judge Martin L.C. Feldman and Magistrate Judge Karen Wells Roby. Judge Barry W Ashe, Magistrate Judge Michael North no longer assigned to case. Signed by Judge Barry W Ashe on 8/23/2019.(clc)
August 23, 2019 Opinion or Order Filing 6 Correction of Docket Entry by Clerk re #4 MOTION to Expedite . ****Motion to Remand incorrectly filed as an attachment to the Motion to Expedite as proposed pleadings. For future filings, the underlining Motion should be filed as a separate motion and not an attachment to the Motion to Expedite. No further action necessary.** (clc)
August 23, 2019 Opinion or Order Filing 5 MOTION to Remand by All Plaintiffs. Motion(s) will be submitted on 9/11/2019 (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I)(clc) Modified on 8/27/2019 (cbs).
August 22, 2019 Opinion or Order Filing 4 EXPARTE/CONSENT MOTION to Expedite by All Plaintiffs. (Attachments: #1 Memorandum in Support of Request for Expedited Consideration, #2 Proposed Order For Motion for Expedited Consideration, #3 Notice of Submission For Motion for Expedited Consideration, #4 Proposed Pleading Motion for Remand, #5 Notice of Submission For Motion Remand if Expedited Consideration not Granted, #6 Proposed Order Proposed Order on Motion to Remand, #7 Memorandum in Support of Motion to Remand, #8 Exhibit "A" with Motion to Remand, #9 Exhibit "B" with Motion to Remand, #10 Exhibit "C" with Motion to Remand, #11 Exhibit "D" with Motion to Remand, #12 Exhibit "E" with Motion to Remand, #13 Exhibit "F" with Motion to Remand, #14 Exhibit "G" with Motion to Remand, #15 Exhibit "H" with Motion to Remand, #16 Exhibit "I" with Motion to Remand)Attorney Jeffrey P. Berniard added to party Sheila Guidry(pty:pla).(Berniard, Jeffrey) Modified text on 8/23/2019 (clc).
August 22, 2019 Opinion or Order Filing 3 Notice of Related Case(s) by Dow Chemical Company, Union Carbide Coporation of related case(s) 2:09-cv-5506; 2:09-cv-4280. (Foco, Phillip) Modified on 8/23/2019 (sa). (NEF Section M & F)
August 22, 2019 Opinion or Order Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (ess)
August 20, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL from Civil District Court, case number 09-7832 (Filing fee $ 400 receipt number 053L-7815328) filed by Dow Chemical Company, Union Carbide Coporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 State Court Pleadings Exhibit 10 Part 01, #12 State Court Pleadings Exhibit 10 Part 02, #13 State Court Pleadings Exhibit 10 Part 03, #14 State Court Pleadings Exhibit 10 Part 04, #15 State Court Pleadings Exhibit 10 Part 05, #16 State Court Pleadings Exhibit 10 Part 06, #17 State Court Pleadings Exhibit 10 Part 07, #18 State Court Pleadings Exhibit 10 Part 08, #19 State Court Pleadings Exhibit 10 Part 09, #20 State Court Pleadings Exhibit 10 Part 10, #21 State Court Pleadings Exhibit 10 Part 11, #22 State Court Pleadings Exhibit 10 Part 12, #23 State Court Pleadings Exhibit 10 Part 13, #24 State Court Pleadings Exhibit 10 Part 14, #25 State Court Pleadings Exhibit 10 Part 15, #26 State Court Pleadings Exhibit 10 Part 16-1, #27 State Court Pleadings Exhibit 10 Part 16-2, #28 State Court Pleadings Exhibit 10 Part 17, #29 State Court Pleadings Exhibit 10 Part 18, #30 State Court Pleadings Exhibit 10 Part 19, #31 State Court Pleadings Exhibit 10 Part 20, #32 State Court Pleadings Exhibit 10 Part 21, #33 State Court Pleadings Exhibit 10 Part 22, #34 State Court Pleadings Exhibit 10 Part 23, #35 State Court Pleadings Exhibit 10 Part 24, #36 State Court Pleadings Exhibit 10 Part 25, #37 State Court Pleadings Exhibit 10 Part 26, #38 State Court Pleadings Exhibit 10 Part 27, #39 State Court Pleadings Exhibit 10 Part 28, #40 State Court Pleadings Exhibit 10 Part 29, #41 State Court Pleadings Exhibit 10 Part 30, #42 State Court Pleadings Exhibit 10 Part 31, #43 State Court Pleadings Exhibit 10 Part 32)Attorney Phillip E. Foco added to party Dow Chemical Company(pty:dft).(Foco, Phillip) (Attachment 1 replaced on 8/23/2019) (pp).

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Plaintiff: Sheila Guidry
Represented By: Catherine Hilton
Represented By: Gregory Pius DiLeo
Represented By: Ron Anthony Austin
Represented By: Jeffrey P. Berniard
Represented By: John Bartholomew Kelly, III
Represented By: Jennifer B. Eagan
Represented By: Benjamin W. Gulick
Represented By: Roderick Alvendia
Represented By: Madro Bandaries
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Plaintiff: Ramona Alexander
Represented By: Gregory Pius DiLeo
Represented By: Ron Anthony Austin
Represented By: Jeffrey P. Berniard
Represented By: John Bartholomew Kelly, III
Represented By: Jennifer B. Eagan
Represented By: Benjamin W. Gulick
Represented By: Roderick Alvendia
Represented By: Madro Bandaries
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Plaintiff: Bates Whiteside
Represented By: Gregory Pius DiLeo
Represented By: Ron Anthony Austin
Represented By: Jeffrey P. Berniard
Represented By: Jennifer B. Eagan
Represented By: Benjamin W. Gulick
Represented By: Roderick Alvendia
Represented By: Madro Bandaries
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Plaintiff: Melissa Wilson Berniard
Represented By: Gregory Pius DiLeo
Represented By: Jeffrey P. Berniard
Represented By: John Bartholomew Kelly, III
Represented By: Jennifer B. Eagan
Represented By: Roderick Alvendia
Represented By: Madro Bandaries
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Plaintiff: Henry Holmes
Represented By: Gregory Pius DiLeo
Represented By: Ron Anthony Austin
Represented By: Jeffrey P. Berniard
Represented By: John Bartholomew Kelly, III
Represented By: Jennifer B. Eagan
Represented By: Roderick Alvendia
Represented By: Madro Bandaries
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Plaintiff: Vanessa Wilson
Represented By: Gregory Pius DiLeo
Represented By: Ron Anthony Austin
Represented By: Jeffrey P. Berniard
Represented By: John Bartholomew Kelly, III
Represented By: Jennifer B. Eagan
Represented By: Benjamin W. Gulick
Represented By: Roderick Alvendia
Represented By: Madro Bandaries
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Defendant: Department of Environmental Quality State of Louisiana
Represented By: William Scarth Clark
Represented By: Peter Stephan Koeppel
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Defendant: Steve Milligan
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Defendant: Dow Chemical Company
Represented By: Phillip E. Foco
Represented By: Patrick Hayes Hunt
Represented By: John Allain Viator
Represented By: Colin Patrick O'Rourke
Represented By: David Mark Bienvenu, Jr.
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Defendant: Union Carbide Coporation
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Defendant: Union Carbide Corporation
Represented By: Nora Bolling Bilbro
Represented By: Mark Charles Dodart
Represented By: Neil Charles Abramson
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Defendant: Praxair Inc
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