Cumberland County v. The Chemours Company et al
| Cumberland County |
| THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, E. I. Du Pont De Nemours and Company, DuPont de Nemours, Inc. and Corteva, Inc. |
| 5:2022cv00157 |
| April 22, 2022 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Louise Wood Flanagan |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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Filing 47
Letter from Clerk of Court regarding Notice of Remand to State Court. Sent to Lisa Scales, Cumberland County Clerk of Superior Court at 117 Dick StreetFayetteville, NC 28301 via US Mail. (Sellers, N.)
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Filing 46
ORDER denying as moot #42 Motion for Reconsideration; granting #22 Motion to Remand. The court REMANDS this action to Cumberland County Superior Court. The motions to dismiss of all five defendants for failure to state a claim and the motion to dismiss of Corteva, Inc. and DuPont de Nemours, Inc. for lack of personal jurisdiction remain pending, and the Cumberland County Superior Court can address those motions on remand. The court declines to award costs. Signed by District Judge James C. Dever III on 6/17/2022. (Sellers, N.)
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Filing 45
Notice of Special Appearance for non-district by Benjamin A. Kaplan on behalf of All Plaintiffs. (Kaplan, Benjamin)
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Filing 44
Notice of Special Appearance for non-district by Charles J. Crueger on behalf of All Plaintiffs. (Crueger, Charles)
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Filing 43
Memorandum in Support regarding #42 MOTION for Reconsideration regarding #39 Order on Motion for Miscellaneous Relief,, (CORRECTED) filed by Cumberland County. (Attachments: #1 Exhibit A) (Land, Brett)
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Filing 42
MOTION for Reconsideration regarding #39 Order on Motion for Miscellaneous Relief,, (CORRECTED) filed by Cumberland County. (Attachments: #1 Text of Proposed Order) (Land, Brett)
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Filing 41
DISREGARD. Corrected and re-filed at #42 . MOTION for Reconsideration regarding #33 Order on Motion to Stay, filed by Cumberland County. (Attachments: #1 Text of Proposed Order) (Land, Brett) Modified on 6/7/2022 (Sellers, N.).
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Filing 40
REPLY to Response to Motion regarding #22 MOTION to Remand Under 28 U.S.C. 1447 filed by Cumberland County. (Land, Brett)
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Filing 39
ORDER granting #34 Motion to Lift Stay. The Stay previously entered by this Court on May 9, 2022 [D.E. 33] is LIFTED for the limited purpose of resuming proceedings on Defendants' pending motion to dismiss [D.E. 10]. Any briefs in opposition to Defendants' pending Motion to Dismiss [D.E. 10] shall be filed within twenty-one days of the date this Order is entered, with further briefing as permitted under the Local Rules. Signed by District Judge James C. Dever III on 6/2/2022. (Sellers, N.)
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Filing 38
Notice filed by E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC regarding #34 MOTION to Lift Stay regarding #33 Order on Motion to Stay, Filing Amended Proposed Order. (Attachments: #1 Text of Proposed Order) (Segars, Thomas)
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Filing 37
Notice of Special Appearance for non-district by Katherine Hacker on behalf of Corteva, Inc., DuPont de Nemours, Inc.. (Hacker, Katherine)
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Filing 36
Memorandum in Opposition regarding #22 MOTION to Remand filed by E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. (Segars, Thomas)
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Filing 35
Memorandum in Support regarding #34 MOTION to Lift Stay regarding #33 Order on Motion to Stay, filed by E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. (Segars, Thomas)
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Filing 34
MOTION to Lift Stay regarding #33 Order on Motion to Stay, filed by E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. (Attachments: #1 Text of Proposed Order) (Segars, Thomas)
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Filing 33
ORDER granting #24 Motion to Stay. Plaintiff's responses to Defendants' motions to dismiss (Dkt. 10 & 12) are hereby stayed pending an order on Plaintiffs Motion to Remand. Signed by District Judge James C. Dever III on 5/9/2022. (Sellers, N.)
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Filing 32
Notice of Appearance filed by Robert R. Marcus on behalf of Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company. (Marcus, Robert)
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Filing 31
AMENDED DOCUMENT by Corteva, Inc.. Amendment to #29 Financial Disclosure Statement (King, C.)
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Filing 30
Financial Disclosure Statement by DuPont de Nemours, Inc. (King, C.)
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Filing 29
Financial Disclosure Statement by Corteva, Inc. (King, C.)
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Filing 28
Notice of Appearance filed by C. Bailey King, Jr on behalf of Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company. (King, C.)
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Filing 27
Proposed Order regarding #22 MOTION to Remand filed by Cumberland County. (Land, Brett)
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Filing 26
Proposed Order regarding #24 MOTION to Stay filed by Cumberland County. (Land, Brett)
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Notice to Counsel regarding: #24 Motion to Stay, #22 Motion to Remand. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file proposed orders using the event 'Proposed Order' in the Responses and Replies category and link it back to the motion to which it corresponds. (Sellers, N.)
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Motion Submitted to District Judge James C. Dever III regarding #24 MOTION to Stay. (Sellers, N.)
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Filing 25
Memorandum in Support regarding #24 MOTION to Stay filed by Cumberland County. (Land, Brett)
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Filing 24
MOTION to Stay filed by Cumberland County. (Land, Brett)
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Filing 23
Memorandum in Support regarding #22 MOTION to Remand filed by Cumberland County. (Land, Brett)
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Filing 22
MOTION to Remand filed by Cumberland County. (Land, Brett)
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Filing 21
Notice of Special Appearance for non-district by Cary L McDougal on behalf of Cumberland County. (McDougal, Cary)
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Filing 20
Notice of Special Appearance for non-district by Scott Summy on behalf of Cumberland County. (Summy, Scott)
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Filing 19
Notice of Special Appearance for non-district by Stephen C Johnston on behalf of Cumberland County. (Johnston, Stephen)
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Filing 18
Notice of Special Appearance for non-district by C. Bailey King, Jr on behalf of Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company. (King, C.)
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Filing 17
Notice of Special Appearance for non-district by C. Bailey King, Jr on behalf of Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company. (King, C.)
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Filing 16
Notice of Special Appearance for non-district by C. Bailey King, Jr on behalf of Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company. (King, C.)
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Notice to Counsel regarding: #17 Notice of Special Appearance, #18 Notice of Special Appearance, #16 Notice of Special Appearance. Each attorney must file his or her own notice of appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website www.nced.uscourts.gov. (Sellers, N.)
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TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to United States District Judge James C. Dever III for all further proceedings. United States District Judge Louise Wood Flanagan is no longer assigned to the case. All future filings should reflect the revised case number of 5:22-CV-157-D. Signed by Peter A. Moore, Jr., Clerk of Court on 5/2/2022. (Hockaday, A.)
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Filing 15
Notice filed by E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #11 Memorandum in Support, Certificate of Service by U.S. Mail. (Segars, Thomas)
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Filing 14
Notice of Special Appearance for non-district by Brett D Land on behalf of Cumberland County. (Land, Brett)
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Filing 13
Memorandum in Support regarding #12 MOTION to Dismiss for Lack of Jurisdiction , in the alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Corteva, Inc., DuPont de Nemours, Inc.. (Attachments: #1 Exhibit A - Eddis Affidavit, #2 Exhibit B - Hennessey Affidavit, #3 Exhibit C - Corona Tentative Ruling, #4 Exhibit D - Minute Order Mtn to Quash) (King, C.)
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Filing 12
MOTION to Dismiss for Lack of Jurisdiction , in the alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corteva, Inc., DuPont de Nemours, Inc.. (King, C.)
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Filing 11
Memorandum in Support regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. (Segars, Thomas)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corteva, Inc., DuPont de Nemours, Inc., E. I. Du Pont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. (Segars, Thomas)
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Filing 9
Notice of Appearance filed by J. Harold Seagle on behalf of Cumberland County. (Seagle, J.)
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Filing 8
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, J. Harold Seagle of Seagle Law, PLLC at P. O. Box 15307, Asheville, NC 28813; Scott Summy, Cary McDouga, Stephen Johnston, Brett Land & M. Cristina Sanchez of Baron & Budd, P.C. at 3102 Oak Lawn Ave., Suite 1100, Dallas, TX 75219-4281 and Charles J. Crueger, Erin K. Dickinson & Benjamin A. Kaplan of Cureger Dickinson LLC at 4532 North Oakland Ave., Whitefish Bay, WI 53211 mailed via US Mail on April 26, 2022. (Rudd, D.)
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Filing 7
Notice filed by E. I. Du Pont De Nemours and Company, THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC regarding #1 Notice of Removal,, . (Attachments: #1 Exhibit 1 - Notice of Filing of Notice of Removal with State Court) (Segars, Thomas)
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Filing 6
Financial Disclosure Statement by E. I. Du Pont De Nemours and Company identifying Corporate Parent DowDuPont Inc. for E. I. Du Pont De Nemours and Company. (Segars, Thomas)
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Filing 5
Financial Disclosure Statement by THE CHEMOURS COMPANY FC, LLC identifying Corporate Parent THE CHEMOURS COMPANY for THE CHEMOURS COMPANY FC, LLC. (Segars, Thomas)
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Filing 4
Financial Disclosure Statement by THE CHEMOURS COMPANY (Segars, Thomas)
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Filing 3
Notice of Appearance filed by Scottie Forbes Lee on behalf of E. I. Du Pont De Nemours and Company, THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC. (Lee, Scottie)
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Filing 2
Notice of Appearance filed by Thomas Hamilton Segars on behalf of E. I. Du Pont De Nemours and Company, THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC. (Segars, Thomas)
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Filing 1
NOTICE OF REMOVAL by E. I. Du Pont De Nemours and Company, THE CHEMOURS COMPANY FC, LLC, THE CHEMOURS COMPANY from Cumberland County Superior Court, case number 22 CVS 1569. ( Filing fee $ 402 receipt number 0417-6529680), filed by E. I. Du Pont De Nemours and Company, THE CHEMOURS COMPANY FC, LLC, THE CHEMOURS COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Supplemental, #3 Exhibit A - Certified Copy of State File, #4 Exhibit B - Consents to Removal, #5 Exhibit C - Documents Served on The Chemours Company, #6 Exhibit D - Documents Served on E. I. du Pont de Nemours and Company) (Segars, Thomas)
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