Martin v. Behr Dayton Thermal Products LLC et al
| Terry Martin, Della Grooms, Linda Russel, Clyde Baxter, Annette Baxter, William Baxter, Stephanie Baxter, Jessica Baxter, Alan Parker, Rose Parker, Scott Parker, Mark Wolf, Mary Fugate, Charles Rasmussen, Becky Rasmussen, Richard Rasmussen, Robert Waselewski, Amy Waselewski, Arnold Dixon, Sue Dixon, Debbie Ryerse, Sherry Howard, Jewell Smith, Marguerite Bocock and Frank Bocock, III |
| Behr Dayton Thermal Products LLC and Chrysler Motor LLC |
| 3:2008cv00326 |
| September 16, 2008 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| Torts to Land |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
473
DECISION AND ENTRY OVERRULING CERTAIN MOTIONS, WITHOUT PREJUDICE TO RENEWAL, UPON THE OCCURRENCE OF A CERTAIN EVENT overruling 399 Motion in Limine; overruling 400 Motion in Limine; overruling 401 Motion in Limine; overruling 402 Motion in Limine; overruling 403 Motion in Limine; overruling 404 Motion in Limine; overruling 405 Motion in Limine; overruling 406 Motion in Limine; overruling 407 Motion in Limine. Signed by Judge Walter H. Rice on 3/14/23. (pb)
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Filing
394
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF PETER M. MESARD AND JON ROHRER (DOC. # 358 ); OVERRULING DEFENDANTS' JOINT MOTION TO STRIKE REPORT AND TESTIMONY OF MATT HAGEMANN (DOC. # 361 ). Signed by Judge Walter H. Rice on 8/11/2022. (bjr)
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Filing
337
ORDER granting 336 Joint Motion for Scheduling Clarification by Plaintiffs, Terry Martin, Deborah Needham, Linda Russel, Nancy Smith. The issues trial in this action will begin on July 25, 2022. Signed by Judge Walter H. Rice on 07/08/2021. (bjr)
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Filing
332
ORDER APPROVING PROPOSED CLASS NOTICE (DOC. # 319 ); PLAINTIFFS TO PROVIDE NOTICE TO PUTATIVE CLASS WITHIN 30DAYS. Signed by Judge Walter H. Rice on 4/29/21. (pb)
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Filing
311
ORDER - It is HEREBY ORDERED that: 1. The Joint Motion is Granted; and 2. To and including July 16, 2020, the Parties shall file their joint proposed special interrogatories and joint proposed class notice. re 310 . Signed by Judge Walter H. Rice on 6/2/2020. (kma)
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Filing
306
RECUSAL ORDER- The undersigned hereby RECUSES himself from this matter, and it is referred to Clerk of Courts for reassignment. IT IS SO ORDERED. Case reassigned to Magistrate Judge Sharon L. Ovington for all further proceedings. Signed by Magistrate Judge Michael J. Newman on 3/3/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
222
JOINT PROPOSED MOTIONS TO AMEND AND ADMIT EVIDENCE BRIEFING CASE MANAGEMENT ORDER. Signed by Judge Walter H Rice on 07/31/14. (pb1)
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Filing
210
ORDER: The Court, having heard oral argument on the merits of Old Carco's Motion for a Protective Order (doc. 203 ) on October 4, 2013, hereby ORDERS that all documents at issue in the Protective Order be produced in chambers for an in camera review. Signed by Magistrate Judge Michael J. Newman on 10/7/2013. (jwc)
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Filing
200
ORDER SETTING CONFERENCE CALL - Conference Call set for 6/17/2013 at 2:30 PM before Magistrate Judge Michael J Newman. Signed by Magistrate Judge Michael J Newman on 6/12/13. (kje1)
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Filing
198
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS AND/OR INFORMATION WITHHELD BY DEFENDANT ARAMARKUNIFORM & CAREER APPAREL, LLC (DOC. 194 ). Signed by Magistrate Judge Michael J Newman on 6/10/13. (kje1)
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Filing
193
AGREED ORDER. Signed by Magistrate Judge Michael J Newman on 4/17/13. (cib1)
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Filing
191
ORDER re 190 Joint Proposed Order - In light of the Courts adoption of the parties Joint Proposed Order (doc. 190 ) -- which temporarily postpones the case management calendar in this matter -- the Court hereby ORDERS as follows: 1) The parties shall work together and submit to the Court a Joint Proposed Third Amended Case Management Order within TEN DAYS of the Courts ruling on Plaintiffs forthcoming motion(s) to compel production of withheld documents; and 2) The parties shall contact Ju dge Rices courtroom deputy, Cindy Fugate, at (937) 512-1501, to secure dates for any and all status conferences and the class certification hearing. Those dates shall be memorialized in the parties Joint Proposed Third Amended Case Management Order. Signed by Magistrate Judge Michael J Newman on 4/16/2013. (kf)
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Filing
189
ORDER SETTING CONFERENCE CALL - On Monday, April 15, 2013 at 3:00 p.m., the Court will hold a conference call to discuss the parties' joint proposed order (doc. 188 ). Signed by Magistrate Judge Michael J Newman on 4/12/13. (kje1)
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Filing
186
ORDER SETTING CONFERENCE CALL: On Friday, April 5, 2013 at 4:30 p.m., the Court will hold a conference call to discuss the parties dispute regarding privilege logs. The call-in number for the telephone conference is 1-877-336-1839. Parties shall follow the instructions on the automated system. The Access Code is 2725365, and the Security Code is 4052013. Signed by Magistrate Judge Michael J Newman on 3/28/13. (cib1)
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Filing
175
ORDER - The Court is now in receipt of a February 14, 2013 letter from Plaintiffs' counsel, in which Plaintiffs advise the Court that this dispute was informally resolved between the parties. See doc. 174 . Accordingly, the Court will deem the matter RESOLVED, and the briefing schedule isRESCINDED. Signed by Magistrate Judge Michael J Newman on 2/15/13. (kje1)
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Filing
173
ORDER - Pursuant to the oral agreement of counsel, the Court hereby ORDERS the following briefing schedule: 1. Counsel for Plaintiffs shall file a copy of the transcript from the deposition of Mr. Nodel by February 8, 2013; 2. Plaintiffs' memor andum in response to this Order is due on February 14, 2013; 3. Defendant Behr's memorandum in opposition is due on February 21, 2013; 4. Plaintiffs' reply memorandum, if any, is due on February 26, 2013; and 5. Said briefs shall not exceed ten pages in length. IT IS SO ORDERED. Signed by Magistrate Judge Michael J Newman on 2/7/2013. (sc1)
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Filing
171
ORDER SCHEDULING AN INFORMAL DISCOVERY DISPUTE TELEPHONE CONFERENCE ON THURSDAY, FEBRUARY 7, 2013 AT 2:00 P.M. Signed by Magistrate Judge Michael J Newman on 02/05/13. (pb1)
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Filing
163
ORDER SCHEDULING AN INFORMAL DISCOVERY DISPUTE TELEPHONE CONFERENCE FOR THURSDAY, DECEMBER 20, 2012 AT 5:30 P.M. before Magistrate Judge Michael J Newman. Counsel shall call 1-877-336-1839, enter access code 2725365 and security code 456789, and wait for the Court to join the conference. Signed by Magistrate Judge Michael J Newman on 12/20/12. (cib1)
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Filing
161
ORDER SCHEDULING AN INFORMAL DISCOVERY DISPUTE TELEPHONE CONFERENCE TODAY (MONDAY, DECEMBER 17, 2012) AT 4:00 P.M. before Magistrate Judge Michael J Newman. Signed by Magistrate Judge Michael J Newman on 12/17/12. (kje1)
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Filing
160
DOCUMENT PRODUCTION AND PRESERVATION PROTOCOL FOR CLASS CERTIFICATION DISCOVERY re 159 . Signed by Magistrate Judge Michael J Newman on 12/14/2012. (kf)
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Filing
158
ORDER FOLLOWING INFORMAL DISCOVERY CONFERENCE. Signed by Magistrate Judge Michael J Newman on 12/5/2012. (JurM)
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Filing
156
ORDER SCHEDULING AN INFORMAL DISCOVERY DISPUTE TELEPHONE CONFERENCE ON WEDNESDAY, DECEMBER 5, 2012 AT 3:30 PM. Upon the request of Plaintiffs counsel, Steven German, and pursuant to S.D. Ohio L.R. 37.1, the Court schedules an informal discovery dispu te telephone conference on Wednesday,December 5, 2012 at 3:30 p.m. The parties are directed to call 1-877-336-1839, enter access code 2725365 and security code 308326, and wait for the Court to join the conference.Signed by Magistrate Judge Michael J Newman on 12/4/2012. (kf)
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Filing
150
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION TO ESTABLISH A DOCUMENT PRODUCTION AND PRESERVATION PROTOCOL FOR CLASS CERTIFICATION DISCOVERY (Doc. 139 ) Signed by Magistrate Judge Michael J Newman on 10/17/2012. (kf)
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Filing
148
SECOND AMENDED ORDER SETTING CONFERENCE CALL,re 139 , 146 ( Conference Call set for 9/27/2012 02:00 PM in Teleconference before Magistrate Judge Michael J. Newman.) The call-in number for the telephone conference is 1-877-336-1839. Parties shall follow the instructions on the automated system. The Access Code is 2725365, and the Security Code is 308326. Parties shall contact the undersigneds courtroom deputy via email at newman_chambers@ohsd.uscourts.gov 24-hours prior to the telephone conference if they will be participating in the telephone conference. Signed by Magistrate Judge Michael J Newman on 09/12/12. (pb1)
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Filing
146
AMENDED ORDER SETTING CONFERENCE CALL - On FRIDAY, SEPTEMBER 14, 2012 at 10:30 a.m., the Court will hold conference call to discuss Plaintiffs Motion to Establish a Document Production and Preservation Protocol for Class Certification Discovery (doc. 139 ). The call-in number for the telephone conference is 1-877-336-1839. Parties shall follow the instructions on the automated system. The Access Code is 2725365, and the Participant Security Code is 308326. Parties shall contact the undersigneds courtroom deputy via email at newman_chambers@ohsd.uscourts.gov 24-hours prior to the telephone conference if they will be participating in the telephone conference. Signed by Magistrate Judge Michael J Newman on 9/11/2012. (kf)
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Filing
144
NOTICE TO ALL PERSONS / CLASS MEMBERS IN THE CLASS ACTION LITIGATION REGARDING THE RELEASE OF HAZARDOUS CHEMICALS IN THE AREA OF THE MCCOOK FIELD NEIGHBORHOOD IN DAYTON, OHIO. Signed by Judge Walter H Rice on 08/06/2012. (kf)
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Filing
138
ORDER granting 137 Motion it is HEREBY ORDERED that the parties' proposed discovery protocol, attached to their joint motion as Exhibit A, is adopted as an order of this Court. Signed by Judge Walter H Rice on 05/14/12. (pb1)
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Filing
128
ORDER - As discussed during the Conference Call, counsel shall have until April 16, 2012, to a file a Joint Revised Proposed Management Order.A Status Conference set for 4/18/2012 at 05:00 PM before Judge Walter H Rice. Signed by Judge Walter H Rice on 03/06/2012. (kf)
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Filing
127
DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION TO VOLUNTARILY DISMISS PERSONAL INJURY CLAIMS WITHOUT PREJUDICE AND MOTION TO DISMISS ALL CLAIMS AGAINST DEFENDANTS DAP PRODUCTS, INC., GAYSTON CORPORATION AND GEM CITY CHEMICALS, INC. (DOC. 116 ); DENYING DEFENDANTS' REQUEST TO STRIKE THE MASTER AMENDED CLASS ACTION COMPLAINT (DOC. 120 ); ORDERING PARTIES TO PROVIDE DEFENDANT ARAMARK WITH ALL DISCOVERY CONDUCTED IN SPEARS AND FIRST PROPERTY CASES; SETTING CONFERENCE CALL FOR 3/5/2012 AT 4:30 PM in Teleconference before Judge Walter H Rice. Signed by Judge Walter H Rice on 2/21/12. (cib1)
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Filing
106
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART CHRYLER LLC AND BEHR DAYTON THERMAL PRODUCTS LLC'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT OR IN THE ALTERNATIVE TO STAY 52 ; ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 70 ; OVERRULING DEFENDANT BEHR DAYTON THERMAL PRODUCTS, LLC'S OBJECTIONS TO REPORT AND RECOMMENDATIONS 76 . Signed by Judge Walter H Rice on 09/13/11. (pb1)
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Filing
92
ORDER: 1. Plaintiffs' Motion to Lift the Administrative Stay (Doc. # 82 ) is GRANTED, and the stay of this case is LIFTED, except as to Defendant Chrysler LLC; 2. The Clerk of Court is directed to REOPEN on the docket of the Court the present case Terry Martin, et al. v. Chrysler LLC, et al., 3:08cv00326; and 3. The present case remains consolidated with both First Property Group, 3:08cv00329 and Spears, 3:08cv00331 for the limited purpose of conducting discovery on class certification issues. Signed by Magistrate Judge Sharon L Ovington on 4/14/11. (bac1)
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