Baker et al v. Saint-Gobain Performance Plastics Corp. et al
| Michele Baker, Angela Corbett, Daniel Schuttig, Lisa Tifft, Marilyn Peckham, Michael Hickey, Bryan Schrom and Kary Schrom |
| Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. |
| 1:2016cv00917 |
| July 27, 2016 |
| US District Court for the Northern District of New York |
| Albany Office |
| Rensselaer |
| Lawrence E. Kahn |
| Daniel J. Stewart |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
378
ORDER DENYING RECONSIDERATION: ORDERED, that DuPont's Motion for Reconsideration (Dkt. No. 375) is DENIED; and it is further ORDERED, that Saint-Gobain's request for the Court to impose attorney's fees on DuPont (Dkt. No. 376) is DENIED. Signed by Magistrate Judge Daniel J. Stewart on 7/26/2023. (khr)
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Filing
374
DECISION AND ORDER: ORDERED, that DuPont's request to compel depositions (Dkt. No. 366) is GRANTED IN PART and DENIED IN PART as set forth above; ORDERED, that the requests in Dkt. Nos. 357, 371, and 372 are GRANTED. Signed by Magistrate Judge Daniel J. Stewart on 5/26/2023. (khr)
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Filing
354
MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that Plaintiffs' Cross-Motion to file the proposed Third Amended Master Consolidated Complaint (Dkt. No. 331 ) is GRANTED, and Plaintiffs may file and serve their amended complaint within 14 days from the date of issuance of this Memorandum-Decision and Order pursuant to Local Rule 15.1(c); and it is further ORDERED, that the Court conditionally decertifies the Nuisance Damage Class sua sponte pursuant to Federal Rule of Civil Procedure 23(c)(1)(C), contingent on Plaintiffs' filing of the Third Amended Master Consolidated Complaint with the Court. Accordingly, upon Plaintiffs' filing of the Third Amended Master Consolidated Complaint with the Court pursuant to Local Rule 15.1(c), the Nuisance Damage Class will be decertified pursuant to Federal Rule of Civil Procedure 23(c)(1)(C) without further order of the Court. The Court finds that no further alterations to class certification in the September 2022 Order - other than decertification of the Nuisance Damage Class - are necessary at this time. Signed by Senior Judge Lawrence E. Kahn on 3/7/2023. (dpk)
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Filing
33
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 13) is GRANTED IN PART and DENIED IN PART; and it is further ORDERED, that the Municipal Water Plaintiffs nuisance claims are DISMISSED; and it is furtherORDERED, that Plaintiffs negli gence and strict liability claims related to property, the Private Well Plaintiffs trespass and nuisance claims, and Plaintiffs negligence and strict liability claims related to PFOA ingestion survive Defendants Motion; and it is further ORDERED, tha t the questions of law decided in this Memorandum-Decision and Order are certified for interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and any party may apply for leave to appeal with the United States Court of Appeals for the Second Circuit within ten (10) days of the filing date of this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on February 06, 2017. (sas)
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Filing
1
DECISION & ORDER: The Clerk is directed to administratively open this new civil action 1:16-CV-917 (LEK/DJS), which shall be deemed the LEAD CASE for cases brought involving contamination of water sources in and around Hoosick Falls, New York, with t he chemical PFOA. The following cases are MEMBER CASES 1:16-CV-220, 1:16-CV-292, 1:16-CV-394 and 1:16-CV-476 all assigned to (LEK/DJS). All filings related to these consolidated actions should be filed in the LEAD CASE ONLY. Any filings placed in the Member Cases will not be considered and shall be stricken by the Court. Any new civil actions filed in this District that involve the same issues and location will be reviewed by the court on a case by case basis in order to determine, at the time o f its filing whether is should be consolidated into the Lead action. The Court appoints Weitz & Luxenberg, P.C. and Faraci Lange, LLP as Co-Lead Interim Class Counsel, with Powers & Santola LLP as Liason Counsel. The Court acts on the Motions as foll ows: 1. Baker, Civ. No. 1:16-CV-220, Motion to Consolidate and Appoint Counsel, is GRANTED; 2. Tifft, Civ. No. 1:16-CV-292, Motion to Consolidate and Appoint Counsel is GRANTED IN PART AND DENIED IN PART; 3. Tifft, Civ. No. 1:16-CV-292, Lt.-Mot. is G RANTED IN PART AND DENIED IN PART; 4. Schrom, Civ. No. 1:16-CV-476, Lt.-Mot. is GRANTED IN PART AND DENIED IN PART. Plaintiffs Co-Lead Interim Class Counsel, Weitz & Luxenberg, P.C. and Faraci Lange, LLP, will be responsible for and have plenary auth ority to prosecute any and all claims of the Plaintiffs and the putative class and to provide general supervision of all Plaintiffs Counsel in the Consolidated Actions. Specifically, Co-Lead Interim Class Counsel shall have the responsibilities, duti es, and sole authority noted in this Order. Powers & Santola, LLP, is appointed as Interim Liaison Counsel and in that role shall provide assistance to Co-Lead Interim Class Counsel and will be the designated contact person regarding communications w ith the Court on behalf of the Plaintiffs and putative class. It is Ordered that all other Plaintiffs counsel are prohibited from taking any action on behalf of the Plaintiffs and putative class in this Consolidated Action without advance authorizati on from Co-Lead Interim Class Counsel, except for application to modify or be relieved from this Decision and Order. Further that the mere communication of otherwise privileged information among and between Plaintiffs counsel shall not be deemed a wa iver of the attorney-client privilege or the attorney work product immunity, as the Court recognizes that cooperation by and among counselis essential for the orderly and expeditious resolution of this litigation. It is Ordered that, pursuant to Fede ral Rule of Civil Procedure 1, counsel for all parties are directed to cooperate with one another, wherever possible, to promote the expeditious handling of pretrial proceedings in the Consolidated Action, and related civility principles governing la wyers in the State of New York. It is Ordered that a master consolidated complaint be filed in the newly opened Lead Case, Civ. No. 1:16-CV-917, by Co-Lead Interim Class Counsel within thirty days of the filing date of this Decision and Order. Defend ants shall answer or otherwise respond to the master consolidated complaint within thirty days of the filing of that pleading. Upon receipt of the Defendants response to the master consolidated complaint, the Court will schedule a conference with the parties in order to set pretrial deadlines. This Decision and Order be docketed in each of the above-captioned cases, including the newly opened Lead Case. Signed by Magistrate Judge Daniel J. Stewart on 7/27/2016. (jmb)
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