New York American Water Company, Inc. v. The Dow Chemical Company et al
| New York American Water Company, Inc. |
| Shell Oil Company, The Dow Chemical Company, Ferro Corporation, John Doe Defendants 1-50, Vulcan Materials Company and Shell Oil Company individually doing business as Shell Chemical LP |
| 2:2019cv02150 |
| April 11, 2019 |
| US District Court for the Eastern District of New York |
| Nina Gershon |
| Steven I Locke |
| Roanne L Mann |
| Joanna Seybert |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Torts to Land |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.
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| Filing 40 NOTICE of Appearance by Hillary Mara Nappi on behalf of New York American Water Company, Inc. (aty to be noticed) (Nappi, Hillary) |
| Filing 39 NOTICE of Appearance by Stephen C. Dillard on behalf of Vulcan Materials Company (notification declined or already on case) (Dillard, Stephen) |
| Filing 38 Corporate Disclosure Statement by New York American Water Company, Inc. (Schirripa, Frank) |
| Minute Entry for proceedings held before Judge Nina Gershon: The court denied defendants' request to bifurcate discovery in the first-filed case, Suffolk County Water Authority v. The Dow Chemical Company, et al., 17-cv-06980. The court held a pre-motion conference on the proposed motion to dismiss by defendants Ferro Corporation, The Dow Chemical Company, and Vulcan Materials Company. The parties shall submit a briefing schedule for the court's approval. The parties were referred to Chief Magistrate Judge Mann for supervision of discovery. (Court Reporter Linda Marino.) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Joe, Victor) |
| Cases associated. Please file all documents in the lead case Suffolk County Water Authority v. Dow Chemical et.al 17-cv-6980 (NG)(RLM). (Joe, Victor) |
| Filing 37 Minute Entry for Initial Conference Hearing held before Chief Mag. Judge Roanne L. Mann on 6/19/2019. As Judge Gershon has denied the defense motion for bifurcation, counsel for all parties in these related cases will confer and attempt to come to agreement on fact sheet forms and a timeline for discovery. A joint status report is due by July 15, 2019. See attached for list of related cases and appearances. (Attachments: #1 Appendix Appearances) (Proujansky, Josh) |
| Filing 36 NOTICE of Appearance by Trey Roe Frazer, III on behalf of New York American Water Company, Inc. (notification declined or already on case) (Frazer, Trey) |
| Filing 35 NOTICE of Appearance by W. Matthew Pettit on behalf of New York American Water Company, Inc. (notification declined or already on case) (Pettit, W.) |
| Filing 34 NOTICE of Appearance by T. Roe Frazer, II on behalf of New York American Water Company, Inc. (notification declined or already on case) (Frazer, T.) |
| Filing 33 Corporate Disclosure Statement by Vulcan Materials Company (Galant, Felice) |
| Filing 32 Corporate Disclosure Statement by The Dow Chemical Company identifying Corporate Parent Dow Inc. for The Dow Chemical Company. (Blanchet, Joel) |
| ELECTRONIC ORDER: Application #31 is so-ordered. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 6/14/2019. (Cardenas, Alex) |
| Filing 31 MOTION to Appear Pro Hac Vice - Stephen C. Dillard Filing fee $ 150, receipt number ANYEDC-11574035. by Vulcan Materials Company. (Attachments: #1 Affidavit of Stephen C. Dillard in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Dillard, Stephen) |
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Mag. Judge Roanne L. Mann on 6/13/2019. (Kelson, Lise)
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| Filing 30 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11570033. by New York American Water Company, Inc.. (Attachments: #1 Affidavit Affidavit with COGS) (Frazer, Trey) |
| Filing 29 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11563869. by New York American Water Company, Inc.. (Attachments: #1 Affidavit in Support Affidavit with COGS) (Pettit, W.) |
| Filing 28 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11563550. by New York American Water Company, Inc.. (Attachments: #1 Affidavit Affidavit with COGS) (Frazer, T.) |
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ORDER granting #29 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Mag. Judge Roanne L. Mann on 6/11/2019. (Kelson, Lise)
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ORDER granting #28 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Mag. Judge Roanne L. Mann on 6/11/2019. (Kelson, Lise)
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| Filing 27 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11555105. by New York American Water Company, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit, #3 Exhibit) (Bass, Mary Jane) |
| ELECTRONIC ORDER denying, without prejudice, #26 Motion for Leave to Appear Pro Hac Vice because the Florida Certificate of Good Standing is stale. Ordered by Chief Mag. Judge Roanne L. Mann on 6/7/2019. (Proujansky, Josh) |
| ELECTRONIC ORDER granting #27 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Chief Mag. Judge Roanne L. Mann on 6/7/2019. (Proujansky, Josh) |
| ELECTRONIC ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Chief Mag. Judge Roanne L. Mann on 6/7/2019. (Proujansky, Josh) |
| Filing 26 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11550966. by New York American Water Company, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit) (Bass, Mary Jane) |
| Filing 25 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11550894. by New York American Water Company, Inc.. (Attachments: #1 Affidavit, #2 Exhibit) (Daniel, J.) |
| Filing 24 NOTICE of Appearance by Felice B. Galant on behalf of Vulcan Materials Company (aty to be noticed) (Galant, Felice) |
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ORDER: This case has been accepted as related. A status conference will be held on June 19, 2019 at 10:30 AM before the undersigned. The parties should be prepared to discuss, among other things, defendants' motion for bifurcated discovery in the first-filed action, Suffolk County Water Authority v. The Dow Chemical Company, et al., 17-cv-06980. Ordered by Judge Nina Gershon on 5/30/2019. (Klemme, Joseph)
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ORDER REASSIGNING CASE. Case reassigned to Judge Nina Gershon and Chief Mag. Judge Roanne L. Mann for all further proceedings. Judge Joanna Seybert, Magistrate Judge Steven I. Locke no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 5/24/2019. (Bowens, Priscilla)
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| Filing 23 NOTICE of Appearance by Paula J. Schauwecker on behalf of Shell Oil Company (aty to be noticed) (Schauwecker, Paula) |
| Filing 22 NOTICE of Appearance by Megan Rose Brillault on behalf of Shell Oil Company (aty to be noticed) (Brillault, Megan) |
| Filing 21 NOTICE of Appearance by Daniel Mark Krainin on behalf of Shell Oil Company (aty to be noticed) (Krainin, Daniel) |
| Filing 20 WAIVER OF SERVICE Returned Executed by New York American Water Company, Inc.. Shell Oil Company waiver sent on 5/21/2019, answer due 7/22/2019. (Blyth, John) |
| Filing 19 WAIVER OF SERVICE Returned Executed by New York American Water Company, Inc.. Vulcan Materials Company waiver sent on 5/21/2019, answer due 7/22/2019. (Blyth, John) |
| Filing 18 WAIVER OF SERVICE Returned Executed by New York American Water Company, Inc.. Ferro Corporation waiver sent on 5/21/2019, answer due 7/22/2019. (Blyth, John) |
| Filing 17 WAIVER OF SERVICE Returned Executed by New York American Water Company, Inc.. The Dow Chemical Company waiver sent on 5/21/2019, answer due 7/22/2019. (Blyth, John) |
| Filing 16 NOTICE of Appearance by Carolyn Jordan Weltman on behalf of The Dow Chemical Company (notification declined or already on case) (Weltman, Carolyn) |
| Filing 15 NOTICE of Appearance by Nader R. Boulos on behalf of The Dow Chemical Company (notification declined or already on case) (Boulos, Nader) |
| Filing 14 NOTICE of Appearance by Kevin T. VanWart on behalf of The Dow Chemical Company (notification declined or already on case) (VanWart, Kevin) |
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Electronic ORDER granting DE #5 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 5/17/2019. (Georgescu, Dora)
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Electronic ORDER granting DE #6 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 5/17/2019. (Georgescu, Dora)
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Electronic ORDER granting DE #7 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 5/17/2019. (Georgescu, Dora)
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Filing 13
ORDER re #12 NOTICE of Voluntary Dismissal of count IV in Plaintiff's Complaint. Ordered by Judge Joanna Seybert on 5/9/2019. (Florio, Lisa)
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| Filing 12 NOTICE of Voluntary Dismissal by New York American Water Company, Inc. With Respect to Count IV (Private Nuisance) in Plaintiff's Complaint (Blyth, John) |
| Filing 11 Notice of Related Case (Blyth, John) |
| Filing 10 NOTICE of Appearance by John Anthony Blyth on behalf of New York American Water Company, Inc. (aty to be noticed) (Blyth, John) |
| Filing 9 NOTICE of Appearance by Andrew Patrick Devine on behalf of The Dow Chemical Company (aty to be noticed) (Devine, Andrew) |
| Filing 8 NOTICE of Appearance by Joel Alan Blanchet on behalf of The Dow Chemical Company (aty to be noticed) (Blanchet, Joel) |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11447792. by The Dow Chemical Company. (Weltman, Carolyn) |
| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11434945. by The Dow Chemical Company. (VanWart, Kevin) |
| Filing 5 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11429442. by The Dow Chemical Company. (Boulos, Nader) |
| Filing 4 Notice of Related Case indicated on the civil cover sheet in case number 19cv2150. (Rodin, Deanna) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 4/12/2019: #1 Additional Corrections) (Rodin, Deanna). |
| Incorrect Document Entry Information. Defendants were added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendants. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
| Proposed summons is rejected; the caption on the summons does not match the caption of the complaint; the Clerk's Office cannot issue the summons with an incorrect caption. Counsel is advised to submit a completed proposed summons in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by New York American Water Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rodin, Deanna) Modified on 4/12/2019 (Rodin, Deanna). |
| FILING FEE: $400, receipt number ANYEDC-11378323 (Rodin, Deanna) |
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