Taylor et al v. E.I. DuPont de Nemours and Company et al
| Jaraielle Taylor and Leonca Batiste |
| DuPont Specialty Products USA, LLC, Denka Performance Elastomer LLC and Unidentified Parties |
| 2:2024cv02077 |
| August 23, 2024 |
| US District Court for the Eastern District of Louisiana |
| Ivan LR Lemelle |
| Michael North |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Wrongful Death |
| Defendant |
Docket Report
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Filing 33
PROTECTIVE ORDER granting #32 Motion for Protective Order. Signed by Magistrate Judge Michael North on 10/18/2024. (rkr)
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| Filing 32 EXPARTE/CONSENT Joint MOTION for Protective Order by Denka Performance Elastomer LLC, Jaraielle Taylor, Leonca Batiste, DuPont Specialty Products USA, LLC . Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Pritt, Jacob) Modified filers/text on 10/18/2024 (pp). |
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Filing 31
ORDER GRANTING #28 MOTION to Continue. IT IS ORDERED that the submission date is reset to November 13, 2024. IT IS FURTHER ORDERED that no later than October 31, 2024 Plaintiffs shall provide a memorandum with documentary support identifying their decedent's employer(s) on the date of the sued upon accident. Within seven days after receipt of plaintiff's documentary support, defendant Denaka Performance Elastomer LLC ("DPE") shall provide a reply memorandum with documentary support identifying decedent's and John Doe cart driver's employer(s) on the date of the sued upon accident. Signed by Judge Ivan L.R. Lemelle on 10/16/2024.(pp)
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Filing 30
ORDER: IT IS ORDERED that plaintiffs Jaraielle Taylor and Leonca Batiste, individually and on behalf of their minor sibling, J.L., and on behalf of their deceased mother, Jada Batiste shall file into the record their response to the evidentiary materials to be produced by defendant Denka Performance Elastomer LLC, as stated herein. Signed by Judge Ivan L.R. Lemelle on 10/10/2024.(pp)
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Filing 29
ORDER: IT IS ORDERED that defendant DPE shall provide evidentiary support for the employment relationship of decedent Jada Batiste and John Doe rail cart operator with DPE to be filed into the record no later than October 23, 2024. Signed by Judge Ivan L.R. Lemelle on 10/9/2024.(pp)
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| Filing 28 EXPARTE/CONSENT Consent MOTION to Continue by Leonca Batiste, Jaraielle Taylor. (Ruffin-Duley, Rosalyn) (Main Document 28 replaced on 10/9/2024) (pp). (Additional attachment(s) added on 10/9/2024: #1 Proposed Order) (pp). |
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Filing 27
SCHEDULING ORDER: Final Pretrial Conference set for 6/26/2025 at 10:00 AM before Judge Ivan L.R. Lemelle. Jury Trial set for 7/7/2025 at 8:30 AM before Judge Ivan L.R. Lemelle. All discovery must be completed by 5/27/2025. Signed by Judge Ivan L.R. Lemelle on 10/8/2024. (Attachments: #1 Pretrial Notice Form) (dw) (NEF: Magistrate Judge)
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| Filing 26 **FILED IN ERROR-SEE REC. DOC. 28**EXPARTE/CONSENT First MOTION to Continue by Consent by Leonca Batiste, Jaraielle Taylor. (Ruffin-Duley, Rosalyn) Modified on 10/9/2024 (pp). |
| Filing 25 DEFICIENT: EXPARTE/CONSENT First MOTION to Continue by Leonca Batiste, Jaraielle Taylor. (Ruffin-Duley, Rosalyn) Modified on 10/8/2024 (amj). |
| Filing 24 **DEFICIENT**First MOTION to Continue by Leonca Batiste, Jaraielle Taylor. Motion(s) will be submitted on 10/7/2024. (Ruffin-Duley, Rosalyn) Modified on 10/7/2024 (pp). |
| Filing 23 NOTICE: Scheduling Conference set for 10/8/2024 at 11:00 AM before case manager by telephone. All parties are to call into the conference call at 1-888-278-0296, Access Code: 6243426. Issued by Case Manager. (dw) |
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Filing 22
ORDER granting #17 Motion to Dismiss Party. Party E.I. DuPont de Nemours and Company dismissed. Signed by Judge Ivan L.R. Lemelle on 9/23/2024. (mmm)
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| Filing 21 Correction of Docket Entry by Clerk re #17 Ex Parte MOTION to Dismiss Party E.I. Du Pont De Nemours and Company: Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion. (meb) |
| Filing 20 Correction of Docket Entry by Clerk re #19 Answer to Complaint - Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 8. (gla) |
| Filing 19 ANSWER to #8 Complaint with Jury Demand by DuPont Specialty Products USA, LLC.(Weiner, Monique) Modified on 9/23/2024 (gla). |
| Filing 18 MOTION to Dismiss for Failure to State a Claim by Denka Performance Elastomer, LLC. Motion(s) will be submitted on 10/9/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Pritt, Jacob) |
| Filing 17 EXPARTE/CONSENT MOTION to Dismiss Party E.I. Du Pont De Nemours and Company by Jaraielle Taylor. (Ruffin-Duley, Rosalyn) (Additional attachment(s) added on 9/23/2024: #1 Proposed Order) (meb). Modified text/attachment on 9/23/2024 (meb). |
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Filing 16
ORDER GRANTING #11 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED that Defendants E. I. du Pont de Nemours and Company, DuPont Specialty Products USA, LLC, and Denka Performance Elastomer LLC, shall file their responsive pleadings, if any, no later than September 20, 2024. Signed by Judge Ivan L.R. Lemelle on 8/28/2024. (pp)
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| Filing 15 Statement of Corporate Disclosure by DENKA PERFORMANCE ELASTOMER, LLC identifying Corporate Parent Denka USA LLC, Diana Elastomers, Inc., Denka Company Limited for DENKA PERFORMANCE ELASTOMER, LLC (Venn, Brett) Modified text on 8/28/2024 (lb). |
| Filing 14 Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (adb) |
| Filing 13 Statement of Corporate Disclosure by DuPont Specialty Products USA, LLC identifying Corporate Parent DuPont de Nemours, Inc., DuPont Electronics, Inc., DuPont Safety and Construction, Inc., DuPont Electronic Polymers, LP., CEM Investment, Inc., ChemFirst Texas, Inc., FCC Acquisition Corporation, Performance Specialty Products NA, LLC for DuPont Specialty Products USA, LLC (Weiner, Monique) Modified text on 8/28/2024 (lb). |
| Filing 12 Statement of Corporate Disclosure by E.I. DuPont de Nemours and Company identifying Corporate Parent Corteva, Inc. for E.I. DuPont de Nemours and Company (Weiner, Monique) |
| Filing 11 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,, by DENKA PERFORMANCE ELASTOMER, LLC, DuPont Specialty Products USA, LLC, E.I. DuPont de Nemours and Company. (Attachments: #1 Proposed Order)(Weiner, Monique) |
| Filing 10 Notice of Compliance re #8 Notice of Removal by DENKA PERFORMANCE ELASTOMER, LLC, DuPont Specialty Products USA, LLC, E.I. DuPont de Nemours and Company. (Attachments: #1 Exhibit A - State Court Record)(Weiner, Monique) Modified link/text on 8/28/2024 (lb). |
| Filing 9 Notice of Related Case(s) by DENKA PERFORMANCE ELASTOMER, LLC, DuPont Specialty Products USA, LLC, E.I. DuPont de Nemours and Company. (Weiner, Monique) |
| Filing 8 NOTICE OF REMOVAL from 40th Judicial District Court, Parish of Saint John, case number C-82143 (Fee previously paid) filed by DuPont Specialty Products USA, LLC, DENKA PERFORMANCE ELASTOMER, LLC, E.I. DuPont de Nemours and Company. (Attachments: #1 State Court Pleadings, #2 Exhibit B - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)(Weiner, Monique) Modified text on 8/28/2024 (lb). |
| Filing 7 **FILED IN ERROR, REFILED AT R. DOC 15** Statement of Corporate Disclosure by DENKA PERFORMANCE ELASTOMER, LLC identifying Corporate Parent Diana Elastomers, Inc. for DENKA PERFORMANCE ELASTOMER, LLC (Venn, Brett) Modified on 8/27/2024 (lb). |
| Filing 6 **FILED IN ERROR, REFILED AT R. DOC 13** Statement of Corporate Disclosure by DuPont Specialty Products USA, LLC (Weiner, Monique) Modified on 8/27/2024 (lb). |
| Filing 5 **FILED IN ERROR, REFILED AT R. DOC 12** Statement of Corporate Disclosure by E.I. DuPont de Nemours and Company identifying Corporate Parent Corteva, Inc. for E.I. DuPont de Nemours and Company (Weiner, Monique) Modified on 8/27/2024 (lb). |
| Filing 4 **FILED IN ERROR, REFILED AT R. DOC 11** EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,, by DENKA PERFORMANCE ELASTOMER, LLC, DuPont Specialty Products USA, LLC, E.I. DuPont de Nemours and Company. (Attachments: #1 Proposed Order)(Weiner, Monique) Modified on 8/27/2024 (lb). |
| Filing 3 **FILED IN ERROR, REFILED AT R. DOC 10** Notice of Compliance by DENKA PERFORMANCE ELASTOMER, LLC, DuPont Specialty Products USA, LLC, E.I. DuPont de Nemours and Company. (Attachments: #1 Exhibit A - State Court Record)(Weiner, Monique) Modified on 8/27/2024 (lb). |
| Filing 2 **FILED IN ERROR, REFILED AT R. DOC 9** Notice of Related Case(s) by DENKA PERFORMANCE ELASTOMER, LLC, DuPont Specialty Products USA, LLC, E.I. DuPont de Nemours and Company. (Weiner, Monique) Modified on 8/27/2024 (lb). |
| Filing 1 **FILED IN ERROR, REFILED AT R. DOC 8** NOTICE OF REMOVAL from 40th Judicial District Court, Parish of Saint John, case number C-82143 (Filing fee $ 405 receipt number ALAEDC-10664894) filed by DuPont Specialty Products USA, LLC, DENKA PERFORMANCE ELASTOMER, LLC, E.I. DuPont de Nemours and Company. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)Attorney Monique M. Weiner added to party DuPont Specialty Products USA, LLC(pty:dft), Attorney Monique M. Weiner added to party E.I. DuPont de Nemours and Company(pty:dft).(Weiner, Monique) Modified on 8/27/2024 (lb). |
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