Bodenstab et al v. Saint-Gobain Performance Plastics Corp. et al
| Cynthia Bodenstab, Mary Schmigel, Michael Schmigel, Bryan Schrom, Kary Schrom, Kevin Schrom, Nickolas Schrom, Margaret Sargood, Lisa Tifft and Ruth Tifft |
| Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. |
| 1:2016cv01367 |
| November 16, 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
120
STIPULATION and ORDER to Amend its Answer with consent of all parties signed by Magistrate Judge Daniel J. Stewart on 12/14/23 granting Defendant Saint Gobain Performance Plastics' request to amend and clarify its affirmative defenses as set forth herein. (khr)
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Filing
115
DECISION and ORDER: ORDERED, that Defendants' Joint Motion to Strike the Expert Reports of Plaintiff Schrom (Dkt. No. 105) is DENIED; and it is further ORDERED, that Plaintiff's case is removed from the Expert Discovery Pool and returned to the Fact Discovery Pool. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 5/26/2023. (khr)
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Filing
28
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 21) 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 further ORDERED, that the Renter Plai ntiffs negligence and strict liability claims related to property damage are DISMISSED; and it is further ORDERED, that the Municipal Water Plaintiffs trespass claims are DISMISSED with leave to amend; and it is further ORDERED, that the Martha Campb ell and Randall Putnams negligence and strict liability claims related to personal injury are DISMISSED with leave to amend; and it is further ORDERED, that Plaintiffs negligence and strict liability claims related to PFOA ingestion, the Property Own er Plaintiffs negligence and strict liability claims related to property damage, and the Private Well Plaintiffs trespass and nuisance claims otherwise survive Defendants Motion; and it is further ORDERED, that the questions of law decided in this Me morandum-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 days of the filing date of this Memorandum-Decision and Order. Note: This case & 15 others raise substantially similar legal issues and, pursuant to the Courts November 29, 2016 order, Dkt. 20 (Consolidation Order in 1:16-cv-0930), have been combined for the purpose of Defendants motion to dismiss, Dkt. No. 21 (Motion in 1:16-cv-0930). Signed by Senior Judge Lawrence E. Kahn on August 02, 2017. (sas)
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