Martin v. Behr Dayton Thermal Products LLC et al
Plaintiff: 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
Defendant: Behr Dayton Thermal Products LLC and Chrysler Motor LLC
Case Number: 3:2008cv00326
Filed: September 16, 2008
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Sharon L Ovington
Presiding Judge: Walter H Rice
Nature of Suit: Torts to Land
Cause of Action: 28:1441 Petition for Removal
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 3, 2020 Opinion or Order 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)
March 3, 2020 Opinion or Order 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.)
August 1, 2014 Opinion or Order 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)
October 7, 2013 Opinion or Order 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)
June 12, 2013 Opinion or Order 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)
June 10, 2013 Opinion or Order 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)
April 18, 2013 Opinion or Order Filing 193 AGREED ORDER. Signed by Magistrate Judge Michael J Newman on 4/17/13. (cib1)
April 16, 2013 Opinion or Order 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)
April 12, 2013 Opinion or Order 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)
March 28, 2013 Opinion or Order 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)
February 15, 2013 Opinion or Order 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)
February 7, 2013 Opinion or Order 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)
February 5, 2013 Opinion or Order 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)
December 20, 2012 Opinion or Order 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)
December 17, 2012 Opinion or Order 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)
December 14, 2012 Opinion or Order 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)
December 5, 2012 Opinion or Order Filing 158 ORDER FOLLOWING INFORMAL DISCOVERY CONFERENCE. Signed by Magistrate Judge Michael J Newman on 12/5/2012. (JurM)
December 4, 2012 Opinion or Order 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)
October 17, 2012 Opinion or Order 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)
September 12, 2012 Opinion or Order 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)
September 11, 2012 Opinion or Order 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)
August 6, 2012 Opinion or Order 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)
May 14, 2012 Opinion or Order 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)
March 6, 2012 Opinion or Order 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)
February 21, 2012 Opinion or Order 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)
September 13, 2011 Opinion or Order 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)
April 14, 2011 Opinion or Order 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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Search for this case: Martin v. Behr Dayton Thermal Products LLC et al
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Plaintiff: Terry Martin
Represented By: Dwight Dean Brannon
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Plaintiff: Della Grooms
Represented By: Dwight Dean Brannon
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Plaintiff: Linda Russel
Represented By: Dwight Dean Brannon
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Plaintiff: Clyde Baxter
Represented By: Dwight Dean Brannon
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Plaintiff: Annette Baxter
Represented By: Dwight Dean Brannon
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Plaintiff: William Baxter
Represented By: Dwight Dean Brannon
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Plaintiff: Stephanie Baxter
Represented By: Dwight Dean Brannon
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Plaintiff: Jessica Baxter
Represented By: Dwight Dean Brannon
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Plaintiff: Alan Parker
Represented By: Dwight Dean Brannon
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Plaintiff: Rose Parker
Represented By: Dwight Dean Brannon
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Plaintiff: Scott Parker
Represented By: Dwight Dean Brannon
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Plaintiff: Mark Wolf
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Plaintiff: Mary Fugate
Represented By: Dwight Dean Brannon
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Plaintiff: Charles Rasmussen
Represented By: Dwight Dean Brannon
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Plaintiff: Becky Rasmussen
Represented By: Dwight Dean Brannon
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Plaintiff: Richard Rasmussen
Represented By: Dwight Dean Brannon
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Plaintiff: Robert Waselewski
Represented By: Dwight Dean Brannon
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Plaintiff: Amy Waselewski
Represented By: Dwight Dean Brannon
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Plaintiff: Arnold Dixon
Represented By: Dwight Dean Brannon
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Plaintiff: Sue Dixon
Represented By: Dwight Dean Brannon
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Plaintiff: Debbie Ryerse
Represented By: Dwight Dean Brannon
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Plaintiff: Sherry Howard
Represented By: Dwight Dean Brannon
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Plaintiff: Jewell Smith
Represented By: Dwight Dean Brannon
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Plaintiff: Marguerite Bocock
Represented By: Dwight Dean Brannon
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Plaintiff: Frank Bocock, III
Represented By: Dwight Dean Brannon
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Defendant: Behr Dayton Thermal Products LLC
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Defendant: Chrysler Motor LLC
Represented By: Gregory Michael Utter
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