United States of America v. Denka Performance Elastomer LLC et al
Plaintiff: United States of America
Defendant: DuPont Specialty Products USA, LLC
Petitioner: Louisiana Chemical Association, American Chemistry Council, Chamber of Commerce of the United States of America and National Association of Manufacturers
Counter Claimant: Denka Performance Elastomer LLC
Cross Defendant: Michael S. Regan
Case Number: 2:2023cv00735
Filed: February 28, 2023
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Carl J Barbier
Referring Judge: Eldon E Fallon
2 Judge: Michael North
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 7401 Clean Air Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2023 Opinion or Order Filing 112 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10274870) by Denka Performance Elastomer LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Holden, Robert)
November 8, 2023 Opinion or Order Filing 111 MOTION to Dismiss for Lack of Jurisdiction by Michael S. Regan, United States of America. Motion(s) will be submitted on 12/13/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)Attorney Heather E. Gange added to party Michael S. Regan(pty:crd), Attorney Heather E. Gange added to party Michael S. Regan(pty:cd).(Gange, Heather)
November 3, 2023 Opinion or Order Filing 110 ORDER granting #106 Motion for Leave to Substitute Expert Witness. Denka Performance Elastomer LLC ("Denka") may substitute Dr. Kenneth A. Mundt, PhD, FACE, in place of Dr. Gary Marsh, PhD as an expert witness in this action. IT IS FURTHER ORDERED that the Scheduling Order (Rec. Doc. #103 ) is modified to allow DPE to submit a declaration of Dr. Mundt by December 22, 2023 and for the United States to depose Dr. Mundt and submit any rebuttal declaration by February 2, 2024. Signed by Judge Carl J Barbier on 11/3/23. (cg)
November 3, 2023 Opinion or Order Filing 109 ORDER - Considering the foregoing Motion for Leave to Submit Unredacted Copy of Response to Motion to Seal for In Camera Review (Rec. Doc. #97 ), IT IS HEREBY ORDERED that the motion is GRANTED, and Denka Performance Elastomer LLC is granted leave to submit an unredacted copy of its response to the United States' Motion to Seal for in camera review. Signed by Judge Carl J Barbier on 11/3/23. (cg)
November 3, 2023 Opinion or Order Filing 108 AMENDED COUNTERCLAIM against United States of America, Michael S. Regan filed by Denka Performance Elastomer LLC.(cg)
November 3, 2023 Opinion or Order Filing 107 ORDER granting #105 Motion for Leave to File Amended Counterclaim. Signed by Judge Carl J Barbier on 11/3/23. (cg)
October 31, 2023 Opinion or Order Filing 106 EXPARTE/CONSENT MOTION for Leave to Substitute Expert Witness by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order)(Super, David)
October 26, 2023 Opinion or Order Filing 105 EXPARTE/CONSENT MOTION for Leave to File Amended Counterclaim by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order, #2 Amended Counterclaim)(Super, David)
October 25, 2023 Opinion or Order Filing 104 *DEFICIENT* Amended COUNTERCLAIM against United States of America filed by Denka Performance Elastomer LLC.(Super, David) Modified on 10/26/2023 (cg).
October 23, 2023 Opinion or Order Filing 103 ORDER - Considering the Joint Proposed Scheduling Order (Rec. Doc. 100), IT IS HEREBY ORDERED that the Court adopts the proposed schedule with alterations as stated herein. Final Pretrial Conference: The final pretrial conference shall be held on February 29, 2024, at 2:00 p.m. Trial will commence on Monday, March 11, 2024, at 8:00 am before the District Judge without a jury. IT IS FURTHER ORDERED that the referral to Magistrate Judge North in this Court's October 17th Order (Rec. Doc. 101) is SATISFIED. Signed by Judge Carl J Barbier on 10/20/23.(cg)
October 19, 2023 Opinion or Order Filing 102 NOTICE by Denka Performance Elastomer LLC re #101 Order . (Super, David)
October 17, 2023 Opinion or Order Filing 101 ORDER re #100 Proposed Scheduling Order. It is ORDERED that the parties are REFERRED to Magistrate Judge North and shall meet with him to draft a new proposed scheduling order as stated herein. (NEF: Mag 5) Signed by Judge Carl J Barbier.(gec)
October 11, 2023 Opinion or Order Filing 100 JOINT Proposed Scheduling Order by Denka Performance Elastomer LLC, United States of America and DuPont Specialty Products USA, LLC (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C)(Super, David) Modified filers on 10/11/2023 (cg).
September 27, 2023 Opinion or Order Filing 99 Minute Order. Telephone Status Conference held on 9/27/2023 before Judge Carl J Barbier. ORDERED that #92 Motion for Evidentiary Hearing on the United States' Motion for Preliminary Injunction is GRANTED. The evidentiary hearing on the United States Motion for Preliminary Injunction (Rec. Doc. #9 ) will be combined with a bench trial on the United States' request for permanent injunction. The parties are ordered to meet and confer and submit within 14 days a proposed scheduling order for the bench trial, as stated herein. (gec)
September 26, 2023 Opinion or Order Filing 98 RESPONSE to Motion filed by Denka Performance Elastomer LLC re #95 MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction . (Holden, Robert)
September 26, 2023 Opinion or Order Filing 97 EXPARTE/CONSENT MOTION for Leave to File Unredacted Copy of Response to USA's Motion to Seal by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order)(Holden, Robert)
September 12, 2023 Opinion or Order Filing 96 RESPONSE/MEMORANDUM to Motion filed by United States of America re #92 MOTION for Hearing re #9 MOTION for Preliminary Injunction . (Shermer, Steven)
September 7, 2023 Opinion or Order Filing 95 MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction by United States of America. Motion(s) will be submitted on 10/4/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit (Ex. 1 - Sept. 1, 2023 notice of designation of Confidential Information), #3 Proposed Order, #4 Notice of Submission)(Shermer, Steven)
September 6, 2023 Opinion or Order Filing 94 REPLY to Response to Motion filed by United States of America re #9 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N, #15 Exhibit Ex. O, #16 Exhibit Ex. P, #17 Exhibit Ex. Q, #18 Exhibit Ex. R, #19 Exhibit Ex. S, #20 Exhibit Ex. T, #21 Exhibit Ex. U)(Shermer, Steven)
September 1, 2023 Opinion or Order Filing 93 ANSWER to #1 Complaint, by DuPont Specialty Products USA, LLC.(Jarrell, Eric)
September 1, 2023 Opinion or Order Filing 92 MOTION for Hearing re #9 MOTION for Preliminary Injunction by Denka Performance Elastomer LLC. Motion(s) will be submitted on 9/20/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Super, David)
August 31, 2023 Opinion or Order Filing 91 ORDERED that a telephone status conference is set for Wednesday, September 27, 2023 at 10:00 a.m. Counsel for the United States of America will begin the conference call and, once all other parties are connected, add the Court to the call by dialing 504-589-7525. Signed by Judge Carl J Barbier. (gec)
August 30, 2023 Opinion or Order Filing 90 ORDER AND REASONS granting #57 Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction. IT IS HEREBY ORDERED that the United States' Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction (Rec. Doc. 57) is GRANTED. Denka's first five affirmative defenses are STRICKEN without leave to amend, and the sixth affirmative defense is STRICKEN with leave to amend. Denka's counterclaims are DISMISSED with prejudice with the exception of the fifth counterclaim which is DISMISSED without prejudice. Signed by Judge Carl J Barbier on 8/30/23. (cg)
August 18, 2023 Opinion or Order Filing 89 ORDER & REASONS: It is ORDERED that DuPont's #49 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) is DENIED. Signed by Judge Carl J Barbier on 8/17/2023. (gec)
August 16, 2023 Opinion or Order Filing 88 ORDER denying #87 Motion for Leave to File to Appear as Amici Curiae. Signed by Judge Carl J Barbier on 8/16/23. (cg)
August 14, 2023 Opinion or Order Filing 87 EXPARTE/CONSENT MOTION for Leave to File /Appear as Amici Curiae by Louisiana Chemical Association, American Chemistry Council, Chamber of Commerce of the United States of America, National Association of Manufacturers. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit to the proposed pleading)Attorney Greg L. Johnson added to party Louisiana Chemical Association(pty:am), Attorney Greg L. Johnson added to party American Chemistry Council(pty:am), Attorney Greg L. Johnson added to party Chamber of Commerce of the United States of America(pty:am), Attorney Greg L. Johnson added to party National Association of Manufacturers(pty:am).(Johnson, Greg)
August 11, 2023 Opinion or Order Filing 86 ORDER - Considering the foregoing Consent Motion to Continue Submission Date and Reply Brief Deadline for United States' Preliminary Injunction Motion (Rec. Doc. #83 ) and the Ex Parte Motion for Expedited Consideration (Rec. Doc. #84 ), IT IS HEREBY ORDERED that the motions are GRANTED, and the submission date and reply deadline for the United States' Motion for Preliminary Injunction is continued from August 23, 2023 to September 6, 2023. Signed by Judge Carl J Barbier on 8/11/23.(cg)
August 11, 2023 Opinion or Order Filing 85 RESPONSE to Motion filed by Denka Performance Elastomer LLC re #83 MOTION to Continue Motion Submission Date. (Super, David)
August 11, 2023 Opinion or Order Filing 84 EXPARTE/CONSENT MOTION to Expedite Consent Motion to Continue Submission Date by United States of America. (Attachments: #1 Proposed Order)(Shermer, Steven)
August 11, 2023 Opinion or Order Filing 83 EXPARTE/CONSENT MOTION to Continue Motion Submission Date by United States of America. (Attachments: #1 Proposed Order)(Shermer, Steven)
August 1, 2023 Opinion or Order Filing 82 ORDER granting #81 Motion for Leave to Substitute a Complete Version of an Exhibit to its Opposition to the United States' Motion for Preliminary Injunction. Signed by Judge Carl J Barbier on 8/1/23. (cg)
July 31, 2023 Opinion or Order Filing 81 EXPARTE/CONSENT MOTION for Leave to File /Substitute a Complete Version of an Exhibit to Its Opposition to the United States Motion For Preliminary Injunction by Denka Performance Elastomer LLC. (Attachments: #1 Exhibit 3 - Declaration of Dr. Gary Marsh, #2 Attach. D (PART 1 of 4) to Marsh Declaration, #3 Attach. D (PART 2 of 4) to Marsh Declaration, #4 Attach. D (PART 3 of 4) to Marsh Declaration, #5 Attach. D (PART 4 of 4) to Marsh Declaration, #6 Attach. E (PART 1 of 5) to Marsh Declaration, #7 Attach. E (PART 2 of 5) to Marsh Declaration, #8 Attach. E (PART 3 of 5) to Marsh Declaration, #9 Attach. E (PART 4 of 5) to Marsh Declaration, #10 Attach. E (PART 5 of 5) to Marsh Declaration, #11 Proposed Order)(Super, David)
July 28, 2023 Opinion or Order Filing 80 REPLY in Support to Response to Motion filed by United States of America re #57 MOTION to Dismiss for Lack of Jurisdiction . (cg)
July 28, 2023 Opinion or Order Filing 79 ORDER granting #71 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 7/28/23. (cg)
July 28, 2023 Opinion or Order Filing 78 ORDER granting #72 Motion for Leave to File Excess Pages. Denka Performance Elastomer, LLC may file an Opposition to the United States' Motion for a Preliminary Injunction that is no more than 50 pages, and the United States may file a Reply that is no more than 32 pages. IT IS FURTHER ORDERED that the United States' Reply Brief Deadline is extended from August 17, 2023 to August, 23, 2023. Signed by Judge Carl J Barbier on 7/28/23. (cg)
July 26, 2023 Opinion or Order Filing 77 NOTICE of Supplemental Authority by Denka Performance Elastomer LLC re #66 Response/Memorandum in Opposition to Motion of Supplemental Authority. (Attachments: #1 Exhibit A)(Super, David) Modified on 7/26/2023 (cg).
July 25, 2023 Opinion or Order Filing 76 NOTICE by United States of America re #75 Order on Motion to Seal Document Notice of Filing Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss. (Attachments: #1 Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss, #2 Exhibit A (Ground Lease), #3 Exhibit B)(Shermer, Steven)
July 24, 2023 Opinion or Order Filing 75 ORDER & REASONS: It is ORDERED that the #59 Motion to Seal is DENIED, and the unredacted lease and memorandum in opposition to DuPont's Motion to Dismiss (Rec. Doc. #49 ) shall be filed into the record. Signed by Judge Carl J Barbier. (gec)
July 18, 2023 Opinion or Order Filing 74 Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding #9 MOTION for Preliminary Injunction (Super, David)
July 18, 2023 Opinion or Order Filing 73 RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re #9 MOTION for Preliminary Injunction. (Attachments: #1 Exhibit 01 - DPE July 7 Comments (without exhibits), #2 Exhibit 02 - EPA Letter to LDEQ, dated October 12, 2022, #3 Exhibit 03 - Declaration of Dr. Gary Marsh, #4 Exhibit 04 - Declaration of Dr. Michael Lumpkin, #5 Exhibit 05 - Declaration of Dr. P. Robinan Gentry, #6 Exhibit 06 - Declaration of Eric Farstad, #7 Exhibit 07 - Declaration of David Blye, #8 Exhibit 08 - Declaration Paul Casarez, #9 Exhibit 09 - Declaration of Jorge Lavastida, #10 Exhibit 10 - Declaration of Chris Meyers, #11 Exhibit 11 - EPA Response to DPE Interrogatory No. 3, #12 Exhibit 12 - Letter from M. Squillace to S. Coleman, EPA, Nov. 13, 2017, #13 Exhibit 13 - Letter from Mr. Samuel Coleman to Mark Squillace - Dec. 15, 2017, #14 Exhibit 14 - Letter from M. Squillace to S. Coleman, Jan. 12, 2018, #15 Exhibit 15 - Earth Justice Petition to EPA, May 6, 2021, #16 Exhibit 16 - In Re New-Indy Catawba LLC, CAA 303 Emergency Order, EPA Region 4, May 13, 2021, #17 Exhibit 17 - In re Limetree Bay Terminals LLC et all, CAA Emergency order, EPA Region 2, May 14, 2021, #18 Exhibit 18 - Letter from Administrator Regan to DPE, Jan. 24, 2022, #19 Exhibit 19 - Proposed Rule (excerpts) and Neoprene Assessment, #20 Exhibit 20 - EPA, Nat'l Emission Stands. for HAPs - Primary Lead Smelting, Sum. of Pub. Comment and Response, Nov. 4, 2011, #21 Exhibit 21 - Toxicological Review of Chloroprene Sept. 2010, #22 Exhibit 22 - EPA, Air Toxics Risk Assessment Ref. Library Vol. 2, April 2004 (excerpt), #23 Exhibit 23 - Parts 1 and 2 - EPA, Guidelines for Carcinogen Risk Assessment, #24 Exhibit 24 - Cote Deposition Transcript (excerpts), #25 Exhibit 25 - Letter from EPA to LDEQ (Sept. 23, 2019), #26 Exhibit 26 - Suh Deposition Transcript (excerpts), #27 Exhibit 27 - Vandenberg Deposition Transcript (excerpts), #28 Exhibit 28 - EPA's Response to DPE's RFA No. 17, #29 Exhibit 29 - EPA Cooperative Agreement, Grant No. 01F70601, awarded Sept. 19, 2020, #30 Exhibit 30 - EPA Cooperative Agreement, Grant No. 01F70501, awarded Sept. 19, 2020, #31 Exhibit 31 - Sax et al (2020), #32 Exhibit 32 - EPA's Response to DPE's Interrogatory No. 12, #33 Exhibit 33 - Letter from M. Greene, EPA, to J. Lavastida, DPE, July 6, 2022, #34 Exhibit 34 - EPA's Response to DPE's Interrogatory No. 6, #35 Exhibit 35 - EPA's Responses to DPE's RFA Nos. 3-4, #36 Exhibit 36 - March-April 2021 Internal EPA Email Chain re Region 6 IRIS Nomination for Chloroprene, #37 Exhibit 37 - EPA's Response to DPE's RFA No. 16, #38 Exhibit 38 - Letter from Gwinn, EPA, to Walsh, DPE, Mar. 14, 2022, #39 Exhibit 39 - Harrington Deposition Transcript excerpts, #40 Exhibit 40 - Table Re Proposed Order, #41 Exhibit 41 - EPA Response to DPE Interrogatory No. 4)(Super, David) Modified on 7/19/2023 (gec). (Attachment 3 replaced on 8/1/2023) (cg).
July 6, 2023 Opinion or Order Filing 72 EXPARTE/CONSENT Joint MOTION for Leave to File Excess Pages for DPE's Opposition and United States' Reply, regarding #9 MOTION for Preliminary Injunction by Denka Performance Elastomer LLC and United Sates of America. (Attachments: #1 Proposed Order)(Venn, Brett) Modified text and filers on 7/6/2023 (cg).
June 29, 2023 Opinion or Order Filing 71 EXPARTE/CONSENT MOTION for Leave to File Reply by United States of America. (Attachments: #1 Exhibit Proposed Pleading, #2 Proposed Order)(Gange, Heather) Modified text on 6/29/2023 (gec).
June 28, 2023 Opinion or Order Filing 70 **DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Reply Brief by United States of America. (Attachments: #1 Exhibit Proposed Reply Brief)(Gange, Heather) Modified on 6/29/2023 (gec).
June 26, 2023 Opinion or Order Filing 69 ORDER granting #68 Motion to Appear Pro Hac Vice as to Britt Cass Steckman. Signed by Judge Carl J Barbier on 6/21/23. (cg)
June 20, 2023 Opinion or Order Filing 68 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Britt Cass Steckman (Filing fee $ 100 receipt number ALAEDC-9991510) by Denka Performance Elastomer LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Holden, Robert)
June 20, 2023 Opinion or Order Filing 67 Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding #57 MOTION to Dismiss for Lack of Jurisdiction. (Holden, Robert)
June 20, 2023 Opinion or Order Filing 66 RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re #57 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Holden, Robert)
June 8, 2023 Opinion or Order Filing 65 ORDER AND STIPULATION REGARDING DISCOVERY PROCEDURE. Signed by Magistrate Judge Michael North on 6/8/23. (cg)
June 6, 2023 Opinion or Order Filing 64 RESPONSE to Motion filed by DuPont Specialty Products USA, LLC re #59 MOTION to Seal Document #58 Response/Memorandum in Opposition to Motion, . (Jarrell, Eric)
June 2, 2023 Opinion or Order Filing 63 EXPARTE/CONSENT MOTION for Discovery Procedure Order by United States of America. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Smith, Daniel)
June 1, 2023 Opinion or Order Filing 62 REPLY to Response to Motion filed by DuPont Specialty Products USA, LLC re #57 MOTION to Dismiss for Lack of Jurisdiction. (gec)
June 1, 2023 Opinion or Order Filing 61 ORDER granting #60 Motion for Leave to File Reply. Signed by Judge Carl J Barbier. (gec)
May 31, 2023 Opinion or Order Filing 60 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by DuPont Specialty Products USA, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Jarrell, Eric)
May 22, 2023 Opinion or Order Filing 59 MOTION to Seal Document #58 Response/Memorandum in Opposition to Motion, by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Frazier, Hannah)
May 22, 2023 Opinion or Order Filing 58 RESPONSE/MEMORANDUM in Opposition filed by United States of America re #49 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit Ex. A - Ground Lease - Filed Under Seal), #2 Exhibit Ex. B - Westvaco Opinion)(Shermer, Steven)
May 9, 2023 Opinion or Order Filing 57 MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A Thayer Declaration, #3 Exhibit B Rimer Declaration, #4 Notice of Submission, #5 Proposed Order)(Gange, Heather)
May 8, 2023 Opinion or Order Filing 56 **DEFICIENT** MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A - Thayer Declaration, #3 Exhibit Ex. B Rimer Declaration, #4 Notice of Submission, #5 Proposed Order)(Gange, Heather) Modified on 5/9/2023 (gec).
May 8, 2023 Opinion or Order Filing 55 ORDER granting #54 Motion to Enroll as Counsel of Record for Attorney Heather E. Gange for United States of America. Signed by Judge Carl J Barbier on 05/08/2023. (ko)
May 5, 2023 Opinion or Order Filing 54 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record (Heather Gange) by United States of America. (Attachments: #1 Proposed Order)(Shermer, Steven)
May 5, 2023 Opinion or Order Filing 53 PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 5/5/23.(cg)
May 4, 2023 Opinion or Order Filing 52 **DEFICIENT** MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A Thayer Declaration, #3 Exhibit B Rimer Declaration, #4 Proposed Order, #5 Notice of Submission)Attorney Heather E. Gange added to party United States of America(pty:cd), Attorney Heather E. Gange added to party United States of America(pty:pla).(Gange, Heather) Modified on 5/5/2023 (gec).
May 3, 2023 Opinion or Order Filing 51 EXPARTE/CONSENT MOTION for Protective Order by United States of America. Motion(s) referred to Michael North. (Attachments: #1 Exhibit Redline comparison to Magistrate Judge North's Sample Order, #2 Proposed Order)(Smith, Daniel)
May 3, 2023 Opinion or Order Filing 50 Correction of Docket Entry by Clerk re #49 MOTION to Dismiss for Failure to State a Claim. Complaint lists Marie O. Luis as counsel for a party in this action. Marie O. Luis has not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this courts Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Please remove this attorney until admission or proper pro hac has been filed. (cg)
May 2, 2023 Opinion or Order Filing 49 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by DuPont Specialty Products USA, LLC. Motion(s) will be submitted on 5/31/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission)Attorney Eric Earl Jarrell added to party DuPont Specialty Products USA, LLC(pty:dft).(Jarrell, Eric)
May 1, 2023 Opinion or Order Filing 48 ORDERED that #25 MOTION to Continue Submission Date on Motion for Preliminary Injunction is GRANTED. The submission date on the motion for preliminary injunction (Rec. Doc. #9 ) is CONTINUED to August 23, 2023. It is FURTHER ORDERED that the deadline for oppositions to the motion for preliminary injunction is CONTINUED to July 18, 2023. The United States' reply brief deadline is SET for August 17, 2023. Signed by Judge Carl J Barbier.(gec)
April 24, 2023 Opinion or Order Filing 47 ORDER granting in part #28 Motion to Expedite Discovery as stated herein. No later than ten (10) days from this date of this Order, the parties shall meet and confer to more narrowly tailor Defendants' remaining discovery requests to Plaintiff's motion for a preliminary injunction. Plaintiff shall also continue to voluntarily produce information to Defendants, to which it has agreed. (Rec. doc. 37 at 17). With regard to the Requests for Admission, Plaintiff shall respond to them no later than fourteen (14) days from the date of this Order. Said requests are not overly burdensome to Plaintiff. In addition, the Court finds that the depositions of Jeffrey Harrington, Dr. John Vandenburg, Dr. Ila Cote, and Dr. Helen Suh are proportional to any opposition to the motion for preliminary injunction. Defendants may depose these four individuals in accordance with strict compliance to the Federal Rules of Civil Procedure. No later than ten (10) days from the date of this Order, Plaintiff and Defendants shall meet and confer to schedule a mutually-agreeable date and time for these four depositions and to discuss whether Plaintiff need depose any of Defendants' experts. Signed by Magistrate Judge Michael North on 4/24/23. (cg)
April 17, 2023 Opinion or Order Filing 46 REPLY to Response to Motion filed by Denka Performance Elastomer LLC re #27 MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support. (cg)
April 17, 2023 Opinion or Order Filing 45 ORDER granting #41 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg)
April 17, 2023 Opinion or Order Filing 44 REPLY to Response to Motion filed by Denka Performance Elastomer LLC re #28 MOTION to Expedite Discovery. (cg)
April 17, 2023 Opinion or Order Filing 43 ORDER granting #42 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg)
April 17, 2023 Opinion or Order Filing 42 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Expedited Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Holden, Robert)
April 17, 2023 Opinion or Order Filing 41 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Holden, Robert)
April 14, 2023 Opinion or Order Filing 40 ORDER REGARDING THE UNITED STATES' MOTION TO SEAL Having considered the United States' Motion to Seal (ECF No. #10 ) and the United States' Ex Parte/Consent Motion to Substitute Exhibit Filed Under Seal, and for good cause shown, IT IS ORDERED: 1.The United States' Motion to Seal (ECF No. #10 ) is hereby DENIED as MOOT. 2.The Clerk is hereby ORDERED to return to the United States the documents that the United States filed under seal in connection with its Motion to Seal (ECF No. 10). 3.The Clerk is further ORDERED to substitute the Declaration of Nicholas Bobbs filed on the docket in this matter as ECF No. 9-11 with the updated version of the same document, filed by United States as an exhibit to the United States' and DPE's Joint Motion to Substitute Exhibit Filed Under Seal. Signed by Judge Carl J Barbier on 4/14/23. (cg)
April 14, 2023 Opinion or Order Filing 39 ORDER granting #8 Motion for Leave to File Excess Pages. The United States may file a Memorandum in Support of its Motion for a Preliminary Injunction that is no more than 35 pages; Denka may file a Memorandum in Opposition to the United States' Motion for a Preliminary Injunction that is no more than 40 pages; and the United States may file a Reply that is no more than 25 pages. Signed by Judge Carl J Barbier on 4/14/23. (cg)
April 13, 2023 Opinion or Order Filing 38 EXPARTE/CONSENT MOTION to Substitute Exhibit Filed Under Seal by United States of America. (Attachments: #1 Proposed Order, #2 Exhibit (substitution for ECF No. 9-11))(Smith, Daniel)
April 11, 2023 Opinion or Order Filing 37 RESPONSE/MEMORANDUM in Opposition filed by United States of America re #28 MOTION to Expedite Discovery . (Attachments: #1 Exhibit Declaration of Ryan Landrum, #2 Exhibit Stipulations)(Shermer, Steven)
April 11, 2023 Opinion or Order Filing 36 RESPONSE/MEMORANDUM in Opposition filed by United States of America re #25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule. (Attachments: #1 Proposed Order)(Shermer, Steven)
April 11, 2023 Opinion or Order Filing 35 RESPONSE to Motion filed by Denka Performance Elastomer LLC re #10 EXPARTE/CONSENT MOTION to Seal Attachments to #9 MOTION for Preliminary Injunction. (Holden, Robert) M
April 4, 2023 Opinion or Order Filing 34 ORDER granting #33 Motion to Enroll Daniel Stephen Smith as Counsel of Record for United States of America. Signed by Judge Carl J Barbier. (gec)
April 4, 2023 Opinion or Order Filing 33 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Daniel S. Smith by United States of America. (Attachments: #1 Proposed Order)(Shermer, Steven)
April 3, 2023 Opinion or Order Filing 32 ORDER granting #29 Motion to Expedite. Denka Performance Elastomer, L.L.C.'s Motion for Expedited Discovery (rec. doc. 28) is SET FOR SUBMISSION ON THE BRIEFS on Wednesday, April 19, 2026. The United States of America shall file any opposition no later than Tuesday, April 11, 2023. IT IS FURTHER ORDERED that the request for oral argument on the Motion for Expedited Discovery is DENIED. The Court will notify the parties if oral argument is necessary. Signed by Magistrate Judge Michael North on 4/3/23. (cg)
March 31, 2023 Opinion or Order Filing 31 ORDER regarding #27 Motion to Expedite. IT IS HEREBY ORDERED that the Motion to Expedite (Rec. Doc. #27 ) is DENIED. The motion to continue (Rec. Doc. #25 ) remains set for submission on April 19, 2023, and the United States may respond by April 11, 2023. IT IS FURTHER ORDERED that the request for Oral Argument on the motion to continue is DENIED. The Court will notify the parties if Oral Argument is necessary. Signed by Judge Carl J Barbier on 3/31/23. (cg)
March 30, 2023 Opinion or Order Filing 30 Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding #28 MOTION to Expedite Discovery (Holden, Robert)
March 30, 2023 Opinion or Order Filing 29 EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Expedited Discovery, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Holden, Robert)
March 30, 2023 Opinion or Order Filing 28 MOTION to Expedite Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 4/26/2023. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support, #4 Exhibit A - Proposed Interrogatories, #5 Exhibit B - Proposed Requests for Production, #6 Exhibit C - Proposed Requests for Admission)(Holden, Robert)
March 30, 2023 Opinion or Order Filing 27 EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order)(Holden, Robert)
March 30, 2023 Opinion or Order Filing 26 Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding #25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule (Holden, Robert)
March 30, 2023 Opinion or Order Filing 25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support)(Holden, Robert)
March 28, 2023 Opinion or Order Filing 24 *DEFICIENT* EXPARTE/CONSENT Ex Parte MOTION to Expedite Consideration of Motion to Govern and Expedite Preliminary Injunction Discovery by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order)(Holden, Robert) Modified on 3/29/2023 (cg).
March 28, 2023 Opinion or Order Filing 23 *DEFICIENT* MOTION for Order Governing Proceedings Relating to Plaintiff's Motion for Preliminary Injunction (R. Doc. #9 ) by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: #1 Notice of Submission, #2 Notice of Submission Request for Oral Argument, #3 Proposed Order, #4 Memorandum in Support, #5 Exhibit A - Interrogatories, #6 Exhibit B - Request for Production, #7 Exhibit C - Request for Admission)(Holden, Robert) Modified on 3/29/2023 (cg). Modified on 3/29/2023 (cg).
March 28, 2023 Opinion or Order Filing 22 ANSWER to #1 Complaint, COUNTERCLAIM against United States of America by Denka Performance Elastomer LLC.(Holden, Robert)
March 27, 2023 Opinion or Order Filing 21 ORDER - Before the Court is a Motion to Seal (Rec. Doc. #10 ) filed by the United States of America. The motion seeks to file under seal attachments 1 and 2 of the Declaration of Nicholas Bobbs, which was filed by the United States in support of its Motion for Preliminary Injunction. IT IS HEREBY ORDERED that the Motion to Seal (Rec. Doc. 10) is SET FOR SUBMISSION on April 19, 2023. Defendants may file their memorandum in accordance with the above instructions by April 11, 2023. Plaintiff may reply to Defendant's memorandum by April 19, 2023. Signed by Judge Carl J Barbier on 3/27/23.(cg)
March 27, 2023 Opinion or Order Filing 20 ORDER granting #16 Motion to Appear Pro Hac Vice as to Kevin Voelkel. Signed by Judge Carl J Barbier on 3/27/23. (cg)
March 27, 2023 Opinion or Order Filing 19 ORDER granting #15 Motion to Appear Pro Hac Vice as to David A. Super. Signed by Judge Carl J Barbier on 3/27/23. (cg)
March 27, 2023 Opinion or Order Filing 18 ORDER granting #14 Motion to Appear Pro Hac Vice as to Jason B Hutt. Signed by Judge Carl J Barbier on 3/27/23. (cg)
March 27, 2023 Opinion or Order Filing 17 ORDER granting #13 Motion to Appear Pro Hac Vice as to Jeffrey Holmstead. Signed by Judge Carl J Barbier on 3/27/23. (cg)
March 23, 2023 Opinion or Order Filing 16 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Kevin M. Voelkel (Filing fee $ 100 receipt number ALAEDC-9861308) by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Exhibit Declaration, #4 Exhibit Consent to Efile)(Holden, Robert)
March 23, 2023 Opinion or Order Filing 15 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice David A. Super (Filing fee $ 100 receipt number ALAEDC-9861296) by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Exhibit Declaration, #4 Exhibit Consent to Efile)(Holden, Robert)
March 23, 2023 Opinion or Order Filing 14 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jason B. Hutt (Filing fee $ 100 receipt number ALAEDC-9861287) by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Exhibit Declaration, #4 Exhibit Consent to Efile)(Holden, Robert)
March 23, 2023 Opinion or Order Filing 13 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey R. Holmstead (Filing fee $ 100 receipt number ALAEDC-9861250) by Denka Performance Elastomer LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Exhibit Declaration, #4 Exhibit Consent to Efile)Attorney Robert E. Holden added to party Denka Performance Elastomer LLC(pty:dft).(Holden, Robert)
March 22, 2023 Opinion or Order Filing 12 NOTICE ERRATA to Non-confidential motion in support (ECF No. 10-2) by United States of America re #10 EXPARTE/CONSENT MOTION to Seal Attachments to #9 MOTION for Preliminary Injunction. (Smith, Daniel) Modified text on 3/24/2023 (cg).
March 20, 2023 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed; waiver sent to DuPont Specialty Products USA, LLC on 3/3/2023, answer due 5/2/2023. (Attachments: #1 Executed Waiver of Summons by DuPont Specialty Products)(Shermer, Steven)
March 20, 2023 Opinion or Order Filing 10 EXPARTE/CONSENT MOTION to Seal Attachments to #9 MOTION for Preliminary Injunction by United States of America. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Proposed Order)(Shermer, Steven) Modified submission date on 3/21/2023 (cg).
March 20, 2023 Opinion or Order Filing 9 MOTION for Preliminary Injunction by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit (Ex. A - Proposed Order), #4 Exhibit (Ex. B - Decl. of James Leathers), #5 Exhibit (Ex. C - Decl. of Dr. Nyesha Black), #6 Exhibit (Ex. D - Decl. of Dr. John Vandenberg), #7 Exhibit (Ex. E - Summary Table of Monitoring Data), #8 Exhibit (Ex. F - Decl. of Dr. Ila Cote), #9 Exhibit (Ex. G - Decl. of Jeffrey Harrington), #10 Exhibit (Ex. H - Decl. of Dr. Helen Suh), #11 Exhibit (Ex. I - Decl. of Nicholas Bobbs), #12 Exhibit (Ex. J - Decl. of Jiayang Chen), #13 Exhibit (Ex. K - Decl. of Richard Wayland), #14 Exhibit (Ex. L - Excerpts of Memorandum of Ground Lease), #15 Exhibit (Ex. M - 2017 LDEQ Consent Order))(Shermer, Steven)
March 20, 2023 Opinion or Order Filing 8 EXPARTE/CONSENT MOTION for Leave to File Excess Pages for Preliminary Injunction Memoranda by United States of America. (Attachments: #1 Proposed Order)(Shermer, Steven)
March 16, 2023 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed; waiver sent to Denka Performance Elastomer LLC on 3/3/2023, answer due 5/2/2023. (Attachments: #1 Executed Waiver of Summons by Denka)(Shermer, Steven)
March 15, 2023 Opinion or Order Filing 6 ORDER TRANSFERRING CASE. Case transferred to Judge Carl J Barbier. Judge Eldon E. Fallon no longer assigned to case. Signed by Judge Eldon E. Fallon on 3/14/2023. (NEF: Sec L case mgr)(lag)
March 3, 2023 Opinion or Order Filing 5 CERTIFICATE OF SERVICE by United States of America re #1 Complaint, . (Attachments: #1 Notice of Lawsuit and Request to Waive Service of Summons, #2 Requested Waiver of Service of Summons)(Shermer, Steven)
March 3, 2023 Opinion or Order Filing 4 CERTIFICATE OF SERVICE by United States of America re #1 Complaint, . (Attachments: #1 Notice of Lawsuit and Request to Waive Service of Summons, #2 Requested Waiver of Service of Summons)(Shermer, Steven)
March 3, 2023 Opinion or Order Filing 3 Notice of Related Case(s) by United States of America of related case(s) 2:23-cv-147. (Shermer, Steven)
February 28, 2023 Opinion or Order Filing 2 Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Michael North. (ess)
February 28, 2023 Opinion or Order Filing 1 COMPLAINT against Denka Performance Elastomer LLC, DuPont Specialty Products USA, LLC (Filed on behalf of USA - Filing Fee not required) filed by United States of America. (Attachments: #1 Civil Cover Sheet)Attorney Steven David Shermer added to party United States of America(pty:pla).(Shermer, Steven)

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Search for this case: United States of America v. Denka Performance Elastomer LLC et al
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Plaintiff: United States of America
Represented By: Steven David Shermer
Represented By: Daniel Stephen Smith
Represented By: Davis Hoskins Forsythe
Represented By: Hannah Lee Frazier
Represented By: Heather E. Gange
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Counter claimant: Denka Performance Elastomer LLC
Represented By: Robert E. Holden
Represented By: Brett S. Venn
Represented By: David A. Super
Represented By: James Conner Percy
Represented By: Jason B Hutt
Represented By: Jeffrey Holmstead
Represented By: Kevin Voelkel
Represented By: Britt Cass Steckman
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Defendant: DuPont Specialty Products USA, LLC
Represented By: Eric Earl Jarrell
Represented By: Krystin Mariell Frazier-Santiago
Represented By: Marie Olga Luis
Represented By: Robert J. Burvant
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Petitioner: Louisiana Chemical Association
Represented By: Greg L. Johnson
Represented By: Kathryn Zainey Gonski
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Petitioner: American Chemistry Council
Represented By: Greg L. Johnson
Represented By: Kathryn Zainey Gonski
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Petitioner: Chamber of Commerce of the United States of America
Represented By: Greg L. Johnson
Represented By: Kathryn Zainey Gonski
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Petitioner: National Association of Manufacturers
Represented By: Greg L. Johnson
Represented By: Kathryn Zainey Gonski
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Cross defendant: Michael S. Regan
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