Village of Farmingdale v. The Dow Chemical Company et al
| Village of Farmingdale |
| The Dow Chemical Company, Ferro Corporation and Vulcan Materials |
| 2:2023cv02254 |
| March 23, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nina Gershon |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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SCHEDULING ORDER re #20 . The Court adopts the parties' proposed discovery schedule and enters the following schedule: by 6/30/2023, plaintiff may amend the complaint; by 7/21/2023, plaintiff to serve written responses to the Plaintiff Preliminary Fact Sheet (No. 17-cv-6980 (the "SCWA case"), Dkt. 127-1) with the accompanying document production; by 9/8/2023, defendants to serve first set of written discovery demands on plaintiff; by 11/8/2023, plaintiff to serve responses and objections to defendants' first set of written discovery demands, and begin rolling productions of responsive documents; and no joinder of additional parties or filing of third-party complaints permitted after 1/8/2024 without good cause. The Parties shall file a status report by 8/31/2023, in this and the other non-SCWA cases. The Court further adopts the parties' proposal that all defendant depositions taken and written discovery propounded on defendants in the SCWA case may be used in this related case to the same extent as if taken herein, and that discovery of all defendants would be complete upon completion of plaintiffs' discovery of defendants in the SCWA case. The parties in this case likewise agree that discovery of defendants taken in the SCWA case can be used herein, and is complete. Ordered by Judge Nina Gershon and Magistrate Judge James R. Cho on 6/1/2023. (JP)
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| Filing 22 NOTICE of Appearance by Nader R. Boulos on behalf of The Dow Chemical Company (notification declined or already on case) (Boulos, Nader) |
| Filing 21 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16722821 by The Dow Chemical Company. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing) (Boulos, Nader) |
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ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. Attorney Nader R. Boulos 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 5/22/2023. (TT)
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| Filing 20 STATUS REPORT Joint Status Report Proposing the Parties Follow the Discovery Rulings and Procedures Governing SCWA v. Dow et al., No. 17-cv-6980, and Related Cases by The Dow Chemical Company (Blanchet, Joel) |
| Filing 19 NOTICE of Appearance by John R Worth on behalf of The Dow Chemical Company (notification declined or already on case) (Worth, John) |
| Filing 18 MOTION to Appear Pro Hac Vice of John R. Worth Filing fee $ 150, receipt number ANYEDC-16681850 by The Dow Chemical Company. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Certificate of Good Standing) (Worth, John) |
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. Attorney John R. Worth 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 5/9/2023. (SG)
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SCHEDULING ORDER:By May 19, 2023, the parties are directed to submit a joint proposed discovery schedule. To avoid duplication of discovery across the related cases brought against these defendants, the parties shall advise the Court whether they propose to follow the discovery rulings and procedures governing Suffolk County Water Authority v. The Dow Chemical Company, No. 17-cv-6980 (the "SCWA case"). For example, the parties in the related cases agreed that all defendant depositions taken and additional written discovery propounded on defendants in the SCWA case may be used across the related cases to the same extent as if taken therein. See SCWA, Dkt. 170 at 2. In addition, the discovery of all defendants in all the related cases will be complete upon completion of plaintiffs' discovery of defendants in the SCWA case. See id. Ordered by Magistrate Judge James R. Cho on 5/5/2023. (JP) Modified to fix typo on 5/19/2023 (JP).
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| Filing 17 ANSWER to Complaint by Vulcan Materials. (Galant, Felice) |
| Filing 16 ANSWER to Complaint by The Dow Chemical Company. (Blanchet, Joel) |
| Filing 15 ANSWER to Complaint by Ferro Corporation. (Patryk, Robb) |
| Filing 14 NOTICE of Appearance by Faranak Sharon Tabatabai Asl on behalf of Ferro Corporation (aty to be noticed) (Tabatabai Asl, Faranak) |
| Filing 13 Letter MOTION for Extension of Time to File Answer /Respond to the Complaint by Ferro Corporation. (Patryk, Robb) |
| Filing 12 Letter re: Stipulation and Proposed Order by Ferro Corporation (Patryk, Robb) |
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ORDER granting #13 Motion for Extension of Time to Answer. Defendants shall answer, move or otherwise respond to the complaint by 5/4/2023. Ordered by Judge Nina Gershon and Magistrate Judge James R. Cho on 4/5/2023. (SG) Modified on 4/5/2023 (JP).
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| Filing 11 NOTICE of Appearance by Amina Hassan on behalf of Ferro Corporation (aty to be noticed) (Hassan, Amina) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Nina Gershon and Magistrate Judge James R. Cho (as related to 19-cv-5825)for all further proceedings. Judge Joanna Seybert, Magistrate Judge Lee G. Dunst 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 Margo K. Brodie on 3/30/2023. (KD)
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| Filing 10 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (LJ) |
| Filing 9 Corporate Disclosure Statement by Vulcan Materials (Galant, Felice) |
| Filing 8 NOTICE of Appearance by Felice B. Galant on behalf of Vulcan Materials (aty to be noticed) (Galant, Felice) |
| Filing 7 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. (LJ) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Lee G. Dunst. 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. (LJ) |
| Filing 4 NOTICE of Appearance by Andrew Patrick Devine on behalf of The Dow Chemical Company (aty to be noticed) (Devine, Andrew) |
| Filing 3 Corporate Disclosure Statement by The Dow Chemical Company identifying Corporate Parent Dow Inc. for The Dow Chemical Company. (Blanchet, Joel) |
| Filing 2 NOTICE of Appearance by Joel Alan Blanchet on behalf of The Dow Chemical Company (aty to be noticed) (Blanchet, Joel) |
| Filing 1 NOTICE OF REMOVAL by Ferro Corporation (JOINT NOTICE) from New York Supreme Court, Nassau County, case number 602622/2023. ( Filing fee $ 402 receipt number ANYEDC-16528419) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet) (Patryk, Robb) Modified on 3/28/2023 (LJ). |
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