Hobart Corporation et al v. The Dayton Power and Light Company et al
| Hobart Corporation and Kelsey-Hayes Company doing business as ZF Active Safety US Inc. |
| Dayton Industrial Drum, Inc., PPG Industries, Inc., Waste Management of Ohio, Inc., Conagra Grocery Products Company, Coca-Cola Refreshments USA, Inc., Flowserve Corporation, A.E. Fickert, Inc., Peerless Transportation Company, Hewitt Soap Works, Inc., Cargill, Inc., La Mirada Products Co., Inc, P-Americas, LLC, Cox Media Group Ohio Inc, Day International Inc, Fickert Devco Inc, Bridgestone Firestone Inc, Van Dyne Crotty Co, Bradford Soap International, Inc., Cintas Corporation, State of Ohio, Monsanto Company, YP Advertising and Publishing LLC, Reynolds and Reynolds Company, Monsanto Research Company, Dayton Tire and Rubber Company, A.E. Fickert and Sons Inc, DAP Inc, Van Dyne-Crotty, Inc, L.M. Berry and Company LLC and Ohio Newspapers, Inc. |
| Pharmacia LLC, a Delaware Limited Liability Company and Dayton Power and Light Company |
| Standard Register Company, Bridgestone Americas Tire Operations LLC, Valley Asphalt Corporation, Ohio Bell Telephone Company and Dayton Board of Education |
| United States Department of Defense, Sherwin-Williams Company, "John Doe" Corporation(s), United States Department of Energy, DAP Products, Inc., United States of America, University of Dayton, Kelsey-Hayes Company, B&D Limited Properties LTD and GlaxoSmithKline LLC |
| Harris Corporation, Franklin Iron & Metal Corp, City of Dayton, Ohio, Newmark LLC, Kimberly-Clark Corporation and NCR Corporation |
| Ronald H. Barnett, Dryden Road Investments, LLC, South Dayton Land Fill Remediation Trust and Jim City Salvage Inc |
| 3:2013cv00115 |
| April 16, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Environmental Matters |
| 42 U.S.C. § 6901 Environmental Cleanup Expenses |
| Defendant |
Docket Report
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This docket was last retrieved on May 18, 2022. A more recent docket listing may be available from PACER.
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Filing 1192
ORDER DESIGNATING JAMES J. FROST AS TRIAL ATTORNEY FOR DEFENDANT, CONAGRA GROCERY PRODUCTS CO., LLC - This matter came before the Court upon Doc. No. #1191 Motion to Designate James J. Frost, as Trial Attorney for Defendant, ConAgra Grocery Products Co., LLC ("ConAgra"), and the Court having examined the Motion, and finding good cause shown, hereby GRANTS said Motion. IT IS THEREFORE ORDERED that James J. Frost is designated as trial attorney for Defendant, ConAgra, in the above-referenced lawsuit. Joseph A. Gregg and Joseph R. Durham, of Eastman & Smith, Ltd., will continue to serve as co-counsel for ConAgra. Signed by Judge Walter H. Rice on 5/17/2022. (bjr)
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NOTATION ORDER sustaining #1191 Motion to Substitute Attorney. Signed by Judge Walter H. Rice on 05/13/2022. (tp)
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Filing 1191
MOTION to Substitute Attorney designating James J. Frost as Trial Attorney by Defendant Conagra Grocery Products Company. (Durham, Joseph)
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NOTATION ORDER granting #1189 Motion for Leave to Appear Pro Hac Vice of James J. Frost as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have previously done so. Signed by Judge Walter H. Rice on 5/9/2022. (bjr)
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Filing 1190
NOTICE of Substitution of Counsel - Joseph R Durham substituting for Kristopher J. Covi as to Defendant Conagra Grocery Products Company. (Attachments: #1 Order designating James J. Frost as Trial Attorney for Def. ConAgra) (Durham, Joseph)
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Filing 1189
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8853584) of James J. Frost by Defendant Conagra Grocery Products Company. (Durham, Joseph)
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***Civil Case Terminated. Awaiting feasibility study, due approximately early 2023, before any further action or trial setting can take place (bjr)
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Filing 1188
ORDER - It is hereby ordered that the above captioned cause be administratively processed. Awaiting feasibility study, due approximately early 2023, before any further action or trial setting can take place. Signed by Judge Walter H. Rice on 9/10/2021. (bjr)
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Filing 1187
NOTICE by Defendant Dayton Power and Light Company of Substitution of Co-Counsel (Merrill, Frank)
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Filing 1186
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8284463) of Wade Stephens by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Dyer, James)
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Filing 1185
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8284441) of Amanda L. Rauer by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Dyer, James)
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NOTATION ORDER granting #1185 Motion for Leave to Appear Pro Hac Vice of Amanda L. Rauer; granting #1186 Motion for Leave to Appear Pro Hac Vice of Wade Stephens as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Walter H. Rice on 04/27/2021. (jmb)
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Filing 1184
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION FOR AN ORDER DIRECTING THE ENTRY OF FINAL JUDGMENT PURSUANT TO RULE 54(b) OR, IN THE ALTERNATIVE, CERTIFYING FOR INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. 1292(b) (DOC. #1179 ). Signed by Judge Walter H. Rice on 3/30/2021. (srb)
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Filing 1183
DECISION AND ENTRY OVERRULING BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC'S MOTION FOR SUMMARY JUDGMENT (DOC. #1151 ). Signed by Judge Walter H. Rice on 3/29/2021. (srb)
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Filing 1182
NOTICE by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation of Withdrawal of Co-Counsel (Dyer, James)
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Filing 1181
REPLY to Response to Motion re #1179 MOTION re #1177 Order on Motion for Leave to File, Directing the Entry of Final Judgment Pursuant to Rule 54(b) or in the Alternative, Certifying for Interlocutory Appeal Pursuant to 28 U.S.C. Section 1292(b) filed by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1180
RESPONSE in Opposition re #1179 MOTION re #1177 Order on Motion for Leave to File, Directing the Entry of Final Judgment Pursuant to Rule 54(b) or in the Alternative, Certifying for Interlocutory Appeal Pursuant to 28 U.S.C. Section 1292(b) filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 1179
MOTION re #1177 Order on Motion for Leave to File, Directing the Entry of Final Judgment Pursuant to Rule 54(b) or in the Alternative, Certifying for Interlocutory Appeal Pursuant to 28 U.S.C. Section 1292(b) by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1178
PLAINTIFFS SURREPLY BRIEF IN OPPOSITION TO DEFENDANT WASTEMANAGEMENT OF OHIO, INC.S MOTION FOR SUMMARY JUDGMENT re #1173 , #1118 MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor filed by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (pb)
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Filing 1177
DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION FOR LEAVE TO FILE SURREPLY (DOC. #1174 ); DIRECTING CLERK TO DETACH SURREPLY FROM MOTION AND FILE THE SAME; SUSTAINING WASTE MANAGEMENT OF OHIO, INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AGAINST CONTAINER SERVICES, INC., AS AN OWNER OR OPERATOR OF THE AIR CURTAIN DESTRUCTOR (DOC. #1118 ), WHICH THE COURT HAS CONVERTED INTO A MOTION FOR SUMMARY JUDGMENT. Signed by Judge Walter H. Rice on 9/30/20. (pb)
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Filing 1176
REPLY to Response to Motion re #1174 MOTION for Leave to File Surreply filed by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1175
RESPONSE in Opposition re #1174 MOTION for Leave to File Surreply Waste Management of Ohio, Inc.'s Opposition to Plaintiffs' Motion for Leave to File Surreply filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 1174
MOTION for Leave to File Surreply by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Proposed Surreply) (Dyer, James)
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Filing 1173
REPLY to Response to Motion re #1118 MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor Waste Management of Ohio, Inc.'s Reply in Support of its Motion for Summary Judgment filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 1172
ORDER granting #1171 Joint MOTION for Approval of the South Dayton Dump 2013 ASAOC Settlement Agreement by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 9/8/20. (pb)
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Filing 1171
Joint MOTION for Approval of the South Dayton Dump 2013 ASAOC Settlement Agreement by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit to Joint Motion) (Dyer, James)
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Filing 1170
NOTICE by Defendant Cox Media Group Ohio Inc of Name Change (Farolino, Shane)
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Filing 1169
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION FOR LEAVE TO FILE SURREPLY (DOC. #1153 ); SUSTAINING IN PART AND OVERRULING IN PART WASTE MANAGEMENT OF OHIO, INC.'S RULE 37(c) DISCOVERY MOTION (DOC. #1139 ); WASTE MANAGEMENT TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS WITHIN 10 CALENDAR DAYS. Signed by Judge Walter H. Rice on 8/31/2020. (kma)
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Filing 1168
NOTICE of Change of Address by Jane E Fedder (Fedder, Jane)
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Filing 1167
SCHEDULING ORDER - As discussed during the conference call held on May 20, 2020, as soon as the Feasibility Study is released, Plaintiffs shall notify the Court and provide the Court with a copy of that document. The Court will then ask the parties to submit an Amended Rule 26(f) Report and hold a conference call to set relevant deadlines and set a trial date on liability and allocation of response costs among the parties. In the meantime, counsel may continue to perpetuate testimony of aging and/or health-impaired witnesses. Should discovery disputes arise, counsel may contact the Court as needed. Signed by Judge Walter H. Rice on 5/21/2020. (kma)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 5/20/2020. (Court Reporter: Debra Futrell) (tp)
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Filing 1166
NOTICE by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation of Name Change for Plaintiff Kelsey-Hayes Company (Dyer, James)
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Filing 1165
ORDER - This matter having come before the Court on the Joint Motion for filing of a Motion for Approval of Settlement Agreement between Plaintiffs and Franklin Iron & Metal Corporationwith the amount of the settlement amount redacted ("Motion"), and any response thereto, it is hereby ORDERED THAT:1) The Motion is GRANTED.2) The Proposed Settlement Agreement between Plaintiffs and Franklin Iron &Metal Corporation may be filed with the Court with the proposed settlement amount beingredacted.3) The Proposed Settlement Agreement between Plaintiffs and Franklin Iron &Metal Corporation shall be provided in an unredacted version to any party in this Action, andmay be provided to the United States EPA or Ohio EPA upon request of United States EPA orOhio EPA.4) The redaction of the settlement amount is subject to further Order of this Court,to fu1ther order of a Court of competent jurisdiction and subject to the understanding that certainlimited disclosures by the parties in this action in an unredacted form may be necessary for legalpurposes.. Signed by Judge Walter H. Rice on 3/18/2020. (kma)
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Filing 1164
RULE 26(f) REPORT Supplemental by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1163
REPLY to Response to Motion re #1151 MOTION for Summary Judgment filed by Defendant Bridgestone Americas Tire Operations LLC. (Dressman, E)
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Filing 1162
ORDER -The Court having been advised that the settlement proceeds have been paid by Defendant Franklin Iron and Metal Corporation to the Plaintiffs. Accordingly, pursuant to the Courts prior Order (Docket #1155 ) approving the Plaintiffs and Defendant Franklin Iron and Metal Corporations Joint Motion for Approval of Settlement Agreement, it is hereby: ORDERED, that Defendant Franklin Iron and Metal Corporation is hereby dismissed without court costs and with prejudice. Signed by Judge Walter H. Rice on 4/14/2020. (kma)
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Filing 1161
NOTICE by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation of Payment of Settlement Proceeds and Request for Issuance of Order of Dismissal of Franklin Iron and Metal Corporation with Prejudice (Dyer, James)
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Filing 1160
NOTICE by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation of Filing Depositions and Exhibits Pursuant to S.D. Ohio Civ. R. 5.4(a) (Dyer, James)
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Filing 1159
DEPOSITION of David Strayer taken on 02/20/20 by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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Filing 1158
DEPOSITION of Harold E. Powell taken on 6/13/1991 by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) (Dyer, James)
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Filing 1157
RESPONSE in Opposition re #1151 MOTION for Summary Judgment filed by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Dyer, James)
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Filing 1156
REPLY to Response to Motion re #1153 MOTION Leave to File Surreply re #1149 Reply to Response to Motion, filed by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1155
ORDER - This matter having come before the Court on the Joint Motion for Approval of Settlement Agreement between Plaintiffs and Franklin Iron & Metal Corporation ("Motion"), Document #1135 and any response thereto, it is herebyORDERED THAT: 1) The Motion is GRANTED. 2) The Settlement Agreement between Plaintiffs and Franklin Iron & Metal Corporation, attached to the Motion as Exhibit A, is APPROVED, and the terms and conditions of the Settlement Agreement are hereby incorporated by reference into this Order as if fully restated herein. Signed by Judge Walter H. Rice on 3/24/2020. (kma)
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Filing 1154
RESPONSE in Opposition re #1153 MOTION Leave to File Surreply re #1149 Reply to Response to Motion, Waste Management of Ohio, Inc.'s Opposition to Plaintiffs' Motion Leave to File Surreply filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
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Filing 1153
MOTION Leave to File Surreply re #1149 Reply to Response to Motion, by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Proposed Surreply) (Dyer, James)
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Filing 1152
NOTICE by Defendant Bridgestone Americas Tire Operations LLC of Filing Exhibits to Deposition of Larry DeWayne Layfield (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28) (Dressman, E)
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Filing 1151
MOTION for Summary Judgment by Defendant Bridgestone Americas Tire Operations LLC. (Attachments: #1 Exhibit 1 - DAYCO History, #2 Exhibit 2 - Dayton Rubber Co. History, #3 Exhibit 3 -R. Dalton Deposition, #4 Exhibit 4 -Art Dudzinski Deposition, #5 Exhibit 5 -F. Parlett Deposition, #6 Exhibit 6 - B. Pearson Deposition, #7 Exhibit 7 - USEPA Letter, #8 Exhibit 8 -Cardington Rd. Landfill Map, #9 Exhibit 9 - North Sanitary (Valleycrest) Landfill Map, #10 Exhibit 10 -Telephone Directory Pages, #11 Exhibit 11 - Declaration of E. Chase Dressman) (Dressman, E)
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Filing 1150
SCHEDULING ORDER- As discussed during the conference call held on March 9, 2020, trial in the above-captioned case will be held following EPA approval of the Remedial Investigation/Feasibility Study ("Rl/FS") and a short period of time for additional discovery and expert witness reports. It is anticipated that trial will occur in late 2022 or early 2023. No later than May 4, 2020, the parties shall submit a Joint Amended Rule 26(f) Report, setting forth suggested deadlines, including mediation, based on certain triggering events, such as delivery of the RI and FS Reports to the EPA, and EPA approval of those documents. The Court will hold a follow-up conference call on May 14, 2020, at 4:30 p.m. In the meantime, the parties may begin perpetuating the testimony of fact witnesses who, because of age or health issues, may not be available to testify at trial. Signed by Judge Walter H. Rice on 3/10/2020. (kma)
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Filing 1149
REPLY to Response to Motion re #1139 MOTION for Discovery WMO's Rule 37(c) Discovery Motion and Request for Immediate Stay of Reply to Motion for Summary Judgment - Waste Management of Ohio, Inc.'s Reply in Support of Its Rule 37(c) Discovery Motion filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 3/9/2020, (Telephone Conference set for 5/14/2020 04:30 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
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NOTATION ORDER sustaining #1143 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 03/04/2020. (tp)
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Filing 1147
RULE 26(f) REPORT Addition to Supplement by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit) (Dyer, James)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 2/28/2020, (Telephone Conference set for 3/9/2020 05:15 PM in Teleconference before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
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Filing 1146
RESPONSE in Opposition re #1139 MOTION for Discovery WMO's Rule 37(c) Discovery Motion and Request for Immediate Stay of Reply to Motion for Summary Judgment filed by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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NOTICE OF TIME CHANGE: The Telephone Conference set for 4:00 PM today has been moved to 5:00 PM today. (tp)
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Filing 1145
RULE 26(f) REPORT of the Defendants by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
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Filing 1144
RULE 26(f) REPORT (Supplemental) by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1143
MOTION to File Document Under Seal by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1142
DECISION AND ENTRY SUSTAINING NUNC PRO TUNC PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE [SUR-] SUR-REPLY INSTANTER (DOC. #1126 ); OVERRULING PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE INTERVIEW OF CLAY LOWE A/K/A MR. C (DOC. #1087 . Signed by Judge Walter H. Rice on 2/10/2020. (kma)
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Filing 1141
DECISION AND ENTRY SUSTAINING WASTE MANAGEMENT OF OHIO, INC.'S REQUEST FOR IMMEDIATE STAY OF REPLY TO MOTION FOR SUMMARY JUDGMENT; PLAINTIFFS ORDERED TORESPOND TO RULE 37(c) DISCOVERY MOTION (DOC. #1139 )- For good cause shown, the Court SUSTAINS Waste Management of Ohio, Inc.'s Request for Immediate Stay of Reply to Motion for Summary Judgment, Doc. #1139 . That Reply is currently due on February 12, 2020. Plaintiffs are directed to respond to Waste Management's Rule 37(c) Discovery Motion, Doc. #1139 , within the time allotted by the local rules. Signed by Judge Walter H. Rice on 2/10/2020. (kma)
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Filing 1140
DECISION AND ENTRY OVERRULING DEFENDANT VALLEY ASPHALT CORPORATION'S RENEWED MOTION IN LIMINE TO EXCLUDE TESTIMONY FROM RICHARD L. WHITE AND CHRISTOPHER M. WITTENBRINK (DOC. #1082 ) AND DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT OPINIONS OF DR. JURGEN EXNER AND MR. RICHARD WHITE (DOC. #1083 ). Signed by Judge Walter H. Rice on 2/10/2020. (kma)
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Magistrate Judge Michael J. Newman no longer assigned to case. (mnr)
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Filing 1139
MOTION for Discovery WMO's Rule 37(c) Discovery Motion and Request for Immediate Stay of Reply to Motion for Summary Judgment by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 WMO's Memorandum in Support of its Rule 37(c) Discovery Motion and Request for Immediate Stay of Reply to Motion for Summary Judgment, #2 Exhibit Exhibit A to Memorandum in Support) (Nijman, Jennifer)
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Filing 1138
ORDER- This matter having come before the Court on Defendant, Waste Management of Ohio, Inc. 's Unopposed Motion for Extension to file a Reply in Support of its Motion for Summary Judgment on Behalf of Container Services, Inc., it is hereby ORDERED THAT: 1. Defendant, Waste Management of Ohio, lnc.'s Motion is GRANTED. 2. Defendant, Waste Management of Ohio, lnc.'s Reply in Support of its Motion for Summary Judgment on Behalf of Container Services, Inc. is due on or before February 12, 2020. re #1118 #1137 . Signed by Judge Walter H. Rice on 1/31/2020. (kma)
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Filing 1137
Unopposed MOTION for Extension of Time to File Response/Reply as to #1118 MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor New date requested 2/12/2020. by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A) (Nijman, Jennifer)
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NOTATION ORDER sustaining #1136 Joint Motion for Filing of Settlement Agreement Between Plaintiffs and Franklin Iron & Metal Corporation with the Amount of Settlement Redacted in the Public Docket but Made Available to All Parties and Subject to Further Order of this Court by Plaintiffs Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 01/23/2020. (tp)
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Filing 1136
Joint MOTION for Filing of Settlement Agreement Between Plaintiffs and Franklin Iron & Metal Corporation with the Amount of Settlement Redacted in the Public Docket but Made Available to All Parties and Subject to Further Order of this Court by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1135
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Franklin Iron & Metal Corporation by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A, #2 Supplement Declaration of Larry Silver, #3 Supplement Declaration of Robert Thumann) (Dyer, James)
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Filing 1134
SCHEDULING ORDER RE: BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC- As discussed during the conference call held on January 3, 2020, Defendant Bridgestone Americas Tire Operations, LLC ("BATO"), will submit a global settlement offer to Plaintiffs no later than January 9, 2020. BATO will file its motion for summary judgment no later than March 16, 2020. Plaintiffs' response shall be filed by April 6, 2020, and BATO's reply shall be filed by April 20, 2020. Signed by Judge Walter H. Rice on 1/17/2020. (kma)
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Minute Entry for proceedings held before Judge Walter H. Rice: Settlement Conference held on 1/17/2020, (Telephone Status Conference set for 2/21/2020 04:00 PM in Teleconference before Judge Walter H. Rice.). (Court Reporter: Caryl Blevins) (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Settlement Conference held on 1/16/2020. (Court Reporter: Caryl Blevins) (tp)
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Filing 1133
RESPONSE in Opposition re #1118 MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Dyer, James)
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Filing 1132
NOTICE by Defendant Bridgestone Americas Tire Operations LLC of Filing Exhibits in Support of Defendants' Joint Brief on the Proper Method of Allocating Vapor Intrusion Costs and Factors to be Considered in the Calculations (Attachments: #1 Exhibit 1- Strayer, D. Expert Report 5-17-2018, #2 Exhibit 2- Strayer - Rebuttal of Exner Report 7-24-18, #3 Exhibit 3- Strayer Rebuttal of White Expert Report 7-24-2018, #4 Exhibit 4- Fahrenholz Deposition Transcript, #5 Exhibit 5- Layfield Deposition Transcript) (Dressman, E)
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Filing 1131
BRIEF re #1128 Order Setting Mediation,,,, Set Deadlines/Hearings,,, by Defendant Valley Asphalt Corporation. (Attachments: #1 Exhibit A - US EPA 2012, #2 Exhibit B - Defendant Chart re VI, #3 Exhibit C - Leo Mullin Deposition Transcript Excerpts) (Hanna, Robert)
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Filing 1130
BRIEF re #1128 Order Setting Mediation,,,, Set Deadlines/Hearings,,, by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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Filing 1129
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION TO STRIKE WASTE MANAGEMENT OF OHIO'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AGAINST CONTAINER SERVICES, INC. AS AN OWNER OR OPERATOR OF THE AIR CURTAIN DESTRUCTOR (DOC. #1122 ); CONVERTING MOTION TO DISMISS (DOC. #1118 ) INTO A MOTION FOR SUMMARY JUDGMENT; PLAINTIFFS SHALL FILE A RESPONSE BRIEF BY JANUARY 15, 2020; WMO'S REPLY TO BE FILED BY JANUARY 29,2020. Signed by Judge Walter H. Rice on 1/2/20. (pb)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/3/2020. (Court Reporter: Debra Futrell) (tp)
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Filing 1128
Order Setting Mediation & BRIEFING SCHEDULE, ( Mediation Deadline: 1/10/2020.) Mediation Hearing set for 1/16/2020 at 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. Counsel for all remaining parties shall appear in person with theirclients. Prior to that date, Plaintiffs may continue their efforts to reach settlement agreements with individual Defendants. No later than noon on Friday, January 10, 2020, counsel shall submit to chambers their confidential mediation statements, and shall file briefs explaining their theories on the proper method of allocating vapor intrusion costs and factors to be considered in the calculations. Counsel for Defendants shall file a joint mediation statement and a joint brief. All counsel shall include in their briefs appropriate citations to expert witness reports and deposition testimony. Signed by Judge Walter H. Rice on 1/2/20. (pb)
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Filing 1127
REPLY to Response to Motion re #1087 MOTION in Limine to Exclude Interview of Clay Lowe a/k/a Mr. C. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Cibulski Subpoena and Amended Attachment) (Dyer, James)
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Filing 1126
Unopposed MOTION for Leave to File Sur-Reply Instanter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/20/2019 with plaintiff counsel and defendant Bridgestone Tire counsel only, (Telephone Status Conference set for 1/3/2020 05:00 PM plaintiff counsel and defendant Bridgestone Tire counsel only before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/18/2019 with plaintiff counsel and defendant Franklin Iron & Metal counsel only. (Court Reporter: Debra Futrell) (tp)
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Filing 1125
RESPONSE to Motion re #1122 MOTION to Strike #1118 MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor for Vio filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/17/2019, (Settlement Conference set for 1/16/2020 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
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NOTICE: Telephone Conference set for 12/17/2019 at 3:00 PM in Teleconference between counsel for Hobart and Franklin Iron and Metal before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 1124
SURREPLY to Response to Motion re #1087 MOTION in Limine to Exclude Interview of Clay Lowe a/k/a Mr. C. filed by Defendants Bridgestone Americas Tire Operations LLC, Conagra Grocery Products Company, Cox Media Group Ohio Inc, Dayton Power and Light Company, Franklin Iron & Metal Corp, Sherwin-Williams Company, Waste Management of Ohio, Inc.. (kma)
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Set/Reset Hearings: Telephone Status Conference set for 12/18/2019 03:30 PM before Judge Walter H. Rice with plaintiff counsel and defendant Franklin Iron & Metal counsel only. The Court will initiate the call. Please notify the Court if you wish a number called other than that which is listed on the docket. (tp)
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Set/Reset Hearings: The conference call set for 12/12/2019 at 5:00 has been reset to 12/17/2019 at 3:45 PM before Judge Walter H. Rice. Counsel shall call 888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 123456. (djv)
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NOTATION ORDER sustaining #1123 Unopposed MOTION for Leave to File Their Sur-Reply, Instanter by Defendant Waste Management of Ohio, Inc. Signed by Judge Walter H. Rice on 12/12/2019. (tp)
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Filing 1123
Unopposed MOTION for Leave to File Their Sur-Reply, Instanter by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Nijman, Jennifer)
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Filing 1122
MOTION to Strike #1118 MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor for Violation of the Scheduling Order by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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NOTICE: Telephone Conference set for 12/11/2019 at 3:00 PM between plaintiffs and Franklin Iron and Metal with Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/9/2019 with Plaintiff Hobart counsel and Defendant Bridgestone Americas Tire counsel only, (Telephone Status Conference set for 12/20/2019 05:00 PM with the same parties before Judge Walter H. Rice.). The Court will initiate the call. (Court Reporter: Mary Schweinhagen) (tp)
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Filing 1121
REPLY to Response to Motion re #1083 MOTION in Limine to exclude certain expert opinions of Dr. Jurgen Exner and Mr. Richard White filed by Defendant Sherwin-Williams Company. (Eddy, Robert)
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Filing 1120
NOTICE by Defendant Franklin Iron & Metal Corp re #1119 Brief Joinder in DP&L's Brief (Thumann, Robert)
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Filing 1119
BRIEF by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Merrill, Frank)
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Filing 1118
MOTION for Judgment on the Pleadings and Memorandum in Support of its Motion to Dismiss for Failure to State a Claim Against Container Services, Inc. as an Owner or Operator of the Air Curtain Destructor by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A) (Nijman, Jennifer)
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Filing 1117
MEDIATORS NOTE: Judge Newman held a telephone conference with counsel for Plaintiffs and Franklin Iron & Metal on 12/2/2019. Follow-up calls are set with counsel for these parties on 12/4/2019 at 3:00 pm and 12/6/2019 at 3:00 pm. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (mnr)
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Filing 1116
ORDER - This matter, having come before the Court on Defendant The Sherwin-Williams Company Unopposed Motion for Extension of Time to File Reply Brief, and finding good cause to grant the Motion, it is hereby ORDERED THAT: The Sherwin-Williams Company's Reply to Plaintiff's Response in Opposition to Sherwin-Williams' Motion in Limine is due on December 6, 2019. re #1083 . Signed by Judge Walter H. Rice on 12/2/19. (kma)
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Filing 1115
MEDIATORS NOTE: Judge Newman held a telephone conference with counsel for Plaintiffs and Franklin Iron & Metal on 11/27/2019. A follow-up call is set with counsel for these parties on 12/2/2019 at 3:00 pm. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (mnr)
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Filing 1114
Unopposed MOTION for Extension of Time to File Response/Reply as to #1083 MOTION in Limine to exclude certain expert opinions of Dr. Jurgen Exner and Mr. Richard White, #1099 Response in Opposition to Motion, New date requested 12/6/2019. by Defendant Sherwin-Williams Company. (Attachments: #1 Text of Proposed Order) (Kemp, Matthew)
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Filing 1113
BRIEF. (Attachments: #1 Exhibit 2018 Cost Estimate, #2 Exhibit 2017 Cost Estimate (no attachments), #3 Exhibit Declarationo f Julian Hayward) (Dyer, James)
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Filing 1112
REPLY to Response to Motion re #985 MOTION in Limine to Exclude Interview of Clay Lowe, AKA Mr. C lay Lowe filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Investigative Activity Report, #2 Exhibit What Mr. Wertz told Investigator, #3 Exhibit Wertz Affidavit, #4 Exhibit Redacted NASS Summary of Investigation) (Dyer, James)
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Filing 1111
REPLY to Response to Motion re #1082 MOTION in Limine to Exclude Testimony from Richard L. White and Christopher M. Wittenbrink filed by Defendant Valley Asphalt Corporation. (Hanna, Robert)
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Filing 1110
MEDIATORS NOTE: Judge Newman held a telephone conference with counsel for Plaintiffs and Franklin Iron & Metal on 11/25/2019. A follow-up call is set with counsel for these parties on 11/27/2019 at 8:00 am. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (mnr)
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Filing 1109
NOTICE by Defendant Cox Media Group Ohio Inc re #1098 Response in Opposition to Motion,,,, (Farolino, Shane)
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Filing 1108
SCHEDULING ORDER- As discussed during the conference call held on November 18, 2019: The Court will hold a conference call on December 9, 2019, at 4:15 p.m.,with Plaintiffs and Bridgestone Americas Tire Operations only, to discuss thestatus of settlement negotiations between them. No later than November 26, 2019, Plaintiffs shall file a memorandum in support of conducting a combined trial resolving all claims arising from the 2013 ASAOC and the 2016 ASAOC. No later than December 4, 2019, Defendants shall file their responses. The Court will hold a conference call on December 12, 2019, at 5:00 p.m. to discuss the same. At the December 12, 2019, conference call, counsel for Plaintiffs andFranklin Iron and Metal Corporation shall be prepared to provide an updateon the status of settlement negotiations between them. As soon as practicable, counsel for Defendants shall send to Plaintiffs' counsel a written global settlement offer concerning all claims arising from the 2013 ASAOC, with a copy emailed to rice_ chambers@ohsd.uscourts.gov. Plaintiffs' counsel shall respond in writing as soon as practicable, with a copy emailed to the same address.The Court will review that correspondence and determine whether to set adate for a global mediation. Signed by Judge Walter H. Rice on 11/19/19. (kma)
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Filing 1107
NOTICE by Defendant Sherwin-Williams Company re #1098 Response in Opposition to Motion,,,, (Eddy, Robert)
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NOTICE of DATE CHANGE: At the request of counsel, Mark Chilson and Larry Silver, the telephone conference previously scheduled for 11/21/2019 is cancelled. The phone conference is reset for 11/25/2019 at 11:00 AM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 1106
REPLY to Response to Motion re #1087 MOTION in Limine to Exclude Interview of Clay Lowe a/k/a Mr. C. (Joinder in #1098 Response in Opposition] filed by Defendant Conagra Grocery Products Company. (Covi, Kristopher)
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MEDIATORS NOTE: Judge Newman carefully reviewed mediation statements submitted by the parties and conferred with counsel regarding mediation on 11/18/2019. The case has not settled and is referred back to Judge Rices active docket. Counsel for the parties agreed to continue to engage in settlement discussions and the undersigned remains willing to assist if appropriate. (dm)
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Notice of Correction re: 1105 Notice (Other). Counsel used incorrect event. Counsel is instructed to refile this document using the Reply to Response to Motion event, which is located under Civil Events-Motion and Related Filings-Responses and Replies. 1105 will be restricted. (srb)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 11/18/2019, (Telephone Status Conference set for 12/12/2019 05:00 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp) Modified on 11/20/2019 (tp).
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Filing 1104
DECISION AND ENTRY SUSTAINING WASTE MANAGEMENT OF OHIO, INC.'S MOTION TO CORRECT THE COMPANY NAME IN THE COURT'S DECISION ON THE ADMISSIBILITY OF EDWARDGRILLOT'S 2012 DEPOSITION AT TRIAL (DOC. #1079 ); REJECTING PLAINTIFFS REQUEST TO RE-DEPOSE EDWARD GRILLOT. Signed by Judge Walter H. Rice on 11/14/19. (kma)
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NOTICE: Telephone Conference between the Plaintiffs and Franklin Iron and Metal is reset for 11/21/2019 at 10:00 AM in Teleconference before Magistrate Judge Michael J. Newman. The call previously scheduled for 11/18/2019 is cancelled. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 1103
RULE 26(f) REPORT Additional Supplement by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1102
NOTICE by Defendant Bridgestone Americas Tire Operations LLC re #1098 Response in Opposition to Motion,,,, of Joinder in Defendants the Dayton Power and Light Company and Waste Management of Ohio, Inc.'s Memorandum in Opposition to Plaintiffs' Motion in Limine to Exclude Interview of Clay Lowe, aka Mr. C (Dressman, E)
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Filing 1101
NOTICE by Defendant Franklin Iron & Metal Corp re #1098 Response in Opposition to Motion,,,, Joinder in WMO and DPL Memo in Opp (Thumann, Robert)
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Filing 1100
RESPONSE in Opposition re #1082 MOTION in Limine to Exclude Testimony from Richard L. White and Christopher M. Wittenbrink filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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Filing 1099
RESPONSE in Opposition re #1083 MOTION in Limine to exclude certain expert opinions of Dr. Jurgen Exner and Mr. Richard White filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dyer, James)
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Filing 1098
RESPONSE in Opposition re #1087 MOTION in Limine to Exclude Interview of Clay Lowe a/k/a Mr. C. filed by Defendants Dayton Power and Light Company, Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - NCR 104e Response 2003, #2 Exhibit 2 - US EPA 2005 FOIA Response, #3 Exhibit 3 - US EPA Email March 2017, #4 Exhibit 4 - Clay Lowe Inv Report, #5 Exhibit 5 - Kristen Gale Dec w Exh - Clay Lowe Response, #6 Exhibit 6 - Clay Lowe Death Cert, #7 Exhibit 7 - NCR 2015 104e Response, #8 Exhibit 8 - 2001 Earl Gregory Depo Excerpts, #9 Exhibit 9 - 2017 Earl Gregory Depo Excerpts, #10 Exhibit 10 - 1993 NCR Response to Info Req, #11 Exhibit 11 - Dec 2002 Ltr from Ken Brown to US EPA re NCR Valleycrest Broadway Dump, #12 Exhibit 12 - NCR Responses to DPL First Set of Combined Discovery Requests, #13 Exhibit 13 - NASS Doc, #14 Exhibit 14 - White Report Excerpts, #15 Exhibit 15 - Exner NCR Summary, #16 Exhibit 16 - Heath Excerpts) (Merrill, Frank)
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Filing 1097
RESPONSE to Motion re #1082 MOTION in Limine to Exclude Testimony from Richard L. White and Christopher M. Wittenbrink WMO's Response to Defendant Valley Asphalt Corporation's Motion in Limine to Exclude Testimony of Christopher M. Wittenbrink filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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NOTICE: TIME AND DATE CHANGE FOR PHONE CONFERENCE: This matter was previously set for a telephone conference on 11/14/2019 at 11:00 a.m. between Plaintiffs and Franklin Iron and Metal. Due to a scheduling conflict with the Court, the 11/14/2019 conference call is CANCELED and RESET. The telephone Conference is reset for 11/18/2019 at 2:30 PM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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NOTICE: Follow up telephone conference set for 11/18/2019 at 9:30 AM in Teleconference with Plaintiffs and Bridgestone before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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NOTATION ORDER approving - re #1094 Notice of Withdrawal of Document filed by Waste Management of Ohio, Inc.. Signed by Judge Walter H. Rice on 11/12/2019. (tp)
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Filing 1096
NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant Waste Management of Ohio, Inc. re #1085 MOTION in Limine to Exclude Testimony of "Unknown" Fact Witness for Kelsey-Hayes Company and Memorandum in Support (Nijman, Jennifer)
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Filing 1095
Minute Entry: This civil case came before Judge Newman via telephone on 11/6/2019 with Counsel for Plaintiff and Defendant Franklin Iron & Metal. This case is set for a follow up call on November 14, 2019 at 11:00 a.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (tg)
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Filing 1094
NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant Waste Management of Ohio, Inc. re #1084 MOTION in Limine to Exclude Testimony of Edward Gallagher for NCR Corporation (Nijman, Jennifer)
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Filing 1093
STATUS REPORT of Plaintiffs and Defendant Franklin Iron and Metal Corporation by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1092
RULE 26(f) REPORT by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1091
ORDER: The telephone conference previously set for 11/4/2019 is hereby RESCHEDULED for 11/6/2019 at 10:00 a.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. Signed by Magistrate Judge Michael J. Newman on 11/5/2019. (tg)
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Filing 1090
RULE 26(f) REPORT by Defendants Bridgestone Americas Tire Operations LLC, Bridgestone Firestone Inc, Conagra Grocery Products Company, Cox Media Group Ohio Inc, Dayton Power and Light Company, Franklin Iron & Metal Corp, Pharmacia LLC, a Delaware Limited Liability Company, Sherwin-Williams Company, Valley Asphalt Corporation, Waste Management of Ohio, Inc.. (Campbell, Drew)
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Reset Deadline: ( Joint Status Report due by 11/5/2019.) (srb)
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NOTICE OF TELEPHONE CONFERENCE: This civil case is set for a mediation status conference between Plaintiffs and Bridgestone Americas Tire Operations, LLC on 11/13/2019 at 10:00 am. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 1089
ORDER DIRECTING PLAINTIFFS AND DEFENDANT FRANKLIN IRON AND METAL CORPORATION TO FILE JOINT STATUS REPORT WITHIN 7 CALENDAR DAYS OF THE DATE OF THIS ORDER- Counsel for Plaintiffs and Defendant Franklin Iron and Metal Corporation areORDERED to file a Joint Status Report within seven calendar days of the date ofthis Order concerning the status of their settlement negotiations.. Signed by Judge Walter H. Rice on 10/29/19. (kma)
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Filing 1088
NOTICE by Plaintiffs Kelsey-Hayes Company, NCR Corporation of Withdrawal of Co-Counsel (Dyer, James)
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NOTICE: Telephone Conference between Plaintiffs and Franklin Iron and Metal only is set for 11/4/2019 at 2:30 PM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm) Modified on 10/30/2019 (dm).
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Filing 1087
MOTION in Limine to Exclude Interview of Clay Lowe a/k/a Mr. C. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 1086
MOTION in Limine Joinder in Motions in Limine Filed by Other Defendants by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 1085
MOTION in Limine to Exclude Testimony of "Unknown" Fact Witness for Kelsey-Hayes Company and Memorandum in Support by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Nijman, Jennifer)
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Filing 1084
MOTION in Limine to Exclude Testimony of Edward Gallagher for NCR Corporation by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Nijman, Jennifer)
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Filing 1083
MOTION in Limine to exclude certain expert opinions of Dr. Jurgen Exner and Mr. Richard White by Defendant Sherwin-Williams Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A: Exner report 07-21-17, #3 Exhibit B: Exner report 07-24-18, #4 Exhibit C: Exner dep excerpts, #5 Exhibit D: White report 07-24-18, #6 Exhibit E: White dep excerpts) (Eddy, Robert)
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Filing 1082
MOTION in Limine to Exclude Testimony from Richard L. White and Christopher M. Wittenbrink by Defendant Valley Asphalt Corporation. (Attachments: #1 Exhibit Declaration of Robert J. Hanna with Exhibits, #2 Text of Proposed Order Proposed Order) (Hanna, Robert)
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Filing 1081
REPLY to Response to Motion re #1079 MOTION to Amend/Correct #1068 Order, WMO's Motion to Correct the Company Name in the Court's Decision on the Admissibility of Edward Grillot's 2012 Deposition at Trial WMO's Reply in Support of its Motion to Correct the Company Name in the Court's Decision and Request That the Court Disregard Plaintiffs' Improper Response filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Nijman, Jennifer)
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NOTATION ORDER sustaining #1078 Motion for Leave to Appear Pro Hac Vice of Ruth A. Lesser. Signed by Judge Walter H. Rice on 10/21/2019. (tp)
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Filing 1080
RESPONSE in Opposition re #1079 MOTION to Amend/Correct #1068 Order, WMO's Motion to Correct the Company Name in the Court's Decision on the Admissibility of Edward Grillot's 2012 Deposition at Trial filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 1079
MOTION to Amend/Correct #1068 Order, WMO's Motion to Correct the Company Name in the Court's Decision on the Admissibility of Edward Grillot's 2012 Deposition at Trial by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
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Filing 1078
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7156047) of Ruth A. Lesser by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Dyer, James)
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NOTATION ORDER sustaining, to extent limited by counsel during telephone conference on 10/15/2019, #1075 Motion for Leave to Take Deposition. Signed by Judge Walter H. Rice on 10/16/2019. (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/15/2019. The parties are to provide the Court with a 26(f) report within 30 days. (tp)
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NOTATION ORDER sustaining, to extent limited by counsel during telephone conference on 10/15/2019, #1076 Motion to Take Deposition from Dr. B. Tod Delaney. Signed by Judge Walter H. Rice on 10/08/2019. (tp) Modified on 10/16/2019 (tp).
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Filing 1077
RESPONSE in Opposition re #1075 MOTION to Take Supplemental Deposition of Dr. Jurgen Exner filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1076
MOTION to Take Deposition from Dr. B. Tod Delaney by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1075
MOTION to Take Supplemental Deposition of Dr. Jurgen Exner by Defendant Conagra Grocery Products Company. (Gregg, Joseph)
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Filing 1074
ORDER OVERRULING THE FOLLOWING MOTIONS WITHOUT PREJUDICE TO REFILING WITHIN 30 DAYS: PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE INTERVIEW OF CLAY LOWE, AI KIA MR. C (DOC. #985 ); WASTE MANAGEMENT OF OHIO, INC.'S MOTION IN LIMINE TO EXCLUDE 2012 DEPOSITION TESTIMONY OF JAMES SOUTH (DOC. #988 ); DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT OPINIONS OF DR. JURGEN EXNER AND MR. RICHARD WHITE (DOC. #989 ); WASTE MANAGEMENT OF OHIO, INC. 'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF EDWARD GALLAGHER FOR NCR CORPORATION (DOC. #992 ); WASTE MANAGEMENT OF OHIO, INC.'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF "UNKNOWN" FACT WITNESS FOR KELSEY-HAYES COMPANY (DOC. #993 ); DEFENDANT VALLEY ASPHALT CORPORATION'S MOTION IN LIMINE TO EXCLUDE TESTIMONY FROM RICHARD L. WHITE AND CHRISTOPHER M. WITTENBRINK (DOC. #996 ); AND DEFENDANT PHARMACIA LLC'S MOTION IN LIMINE (DOC. #997 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1073
ORDER OVERRULING WITHOUT PREJUDICE PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE TESTIMONY OF DR. SWIATOSLAV KACZMAR (DOC. #987 ), FRANKLIN IRON AND METAL CORPORATION'S MOTION IN LIMINE TO EXCLUDE EXPERT TESTIMONY OF EXNER AND WHITE (DOC. #1001 ) AND SECOND MOTION OF DEFENDANT FRANKLIN IRON AND METALCORPORATION FOR SUMMARY JUDGMENT (DOC. #867 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1072
DECISION AND ENTRY SUSTAINING WASTE MANAGEMENT OF OHIO, INC.'S MOTION FOR SUMMARY JUDGMENT REGARDING BLAYLOCK TRUCKING CO., INC. (DOC. #865 ); SUSTAININGWASTE MANAGEMENT OF OHIO, INC.'S MOTION FOR SUMMARY JUDGMENT REGARDING INDUSTRIAL WASTE DISPOSAL CO., INC. (DOC. #868 ); OVERRULING DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S MOTION FOR SUMMARY JUDGMENT (DOC. #866 );OVERRULING DEFENDANT COX MEDIA GROUP OHIO, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON LIABILITY FOR VAPOR INTRUSION CLAIMS (DOC. #872 ); OVERRULINGDEFENDANT PHARMACIA LLC'S MOTION FOR SUMMARY JUDGMENT (DOC. #873 ); OVERRULING CONAGRA GROCERY PRODUCTS COMPANY, LLC'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' CLAIMS AND DEFENDANTS' CROSS CLAIMS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS' CLAIMS AND DEFENDANTS' CROSS CLAIMS FOR CONTRIBUTION RELATED TO THE 2013 ASAOC (DOC. #874 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1071
DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE TESTIMONY OF PATRICK DOYLE, ESQ. (DOC. #858 ); OVERRULING WASTE MANAGEMENT OF OHIO,INC.'S MOTION FOR SUMMARY JUDGMENT REGARDING SCA SERVICES OF OHIO, INC. (DOC. #870 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1070
DECISION AND ENTRY SUSTAINING DEFENDANT VALLEY ASPHALT CORPORATION'S MOTION IN LIMINE TO EXCLUDE HEARSAY TESTIMONY FROM EDWARD GRILLOT (DOC. #995 ); OVERRULING DEFENDANT VALLEY ASPHALT CORPORATION'S MOTION FOR SUMMARY JUDGMENT ON APPORTIONMENT (DOC. #864 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1069
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING INPART WASTE MANAGEMENT OF OHIO, INC.'S MOTION IN LIMINE TO EXCLUDE DECLARATION OF STEPHEN M. QUIGLEY (DOC. #986 ); OVERRULING CONAGRA GROCERY PRODUCTS COMPANY,LLC'S RULE 56(c)(2) OBJECTION TO EXHIBIT 1 OF PLAINTIFFS' SURREPLY (DOC. #981 ); OVERRULING CONAGRA GROCERY PRODUCTS COMPANY, LLC'S MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT TESTIMONY OF DR. JURGEN EXNER (DOC. #998 ); SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE CERTAIN TESTIMONY AND OPINIONS OF DR. B. TOD DELANEY (DOC. #999 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1068
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART WASTE MANAGEMENT OF OHIO, INC.'S MOTION IN LIMINE TO EXCLUDE 2012 DEPOSITION TESTIMONY OF EDWARDGRILLOT (DOC. #990 ); SUSTAINING WASTE MANAGEMENT OF OHIO, INC.'S MOTION IN LIMINE TO EXCLUDE DEPOSITION TESTIMONY OF FRANK MIRACLE (DOC. #991 ). Signed by Judge Walter H. Rice on 9/23/19. (kma)
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Filing 1067
Notation Order: As agreed to by counsel during the phone conference on 9/4/2019 at 10:30 a.m., Plaintiff Hobart Corporation and Defendant Bridgestone shall submit simultaneous confidential mediation statements to newman_chambers@ohsd.uscourts.gov by October 4, 2019. Signed by Magistrate Judge Michael J. Newman on 9/5/2019. (tg)
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Filing 1066
Notation Order: As agreed to by counsel during the phone conference on 9/4/2019 at 11:15 a.m., Plaintiff Hobart Corporation and Defendant Franklin Iron & Metal Corporation shall submit simultaneous confidential mediation statements to newman_chambers@ohsd.uscourts.gov by September 13, 2019. Signed by Magistrate Judge Michael J. Newman on 9/5/2019. (tg)
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Filing 1065
Minute Entry: This civil case came before Judge Newman for separate mediation status conferences on 9/4/2019 with Plaintiffs, the Bridgestone Defendants, and Franklin Iron & Metal Corp. Scheduling orders will issue by separate entry. (mnr)
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Filing 1064
NOTICE: The Telephone Conference concerning mediation set for 9/4/2019 10:30 AM before Judge Michael J. Newman is for Plaintiffs and Bridgestone only. (tg)
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Filing 1063
Supplemental Memorandum Supporting re #990 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot Re-filed (Doc #1057) in response to Doc #1062 filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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NOTICE: Telephone Conference for Plaintiffs and Franklin Iron and Metal set for 9/4/2019 at 11:15 AM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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NOTICE: The telephone conference previously scheduled for 8/28/2019 is CANCELLED AND RESCHEDULED. The phone Conference is reset for 9/4/2019 at 10:30 AM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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NOTICE: Telephone Conference set for 8/28/2019 at 10:30 AM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 1060
ORDER OF REFERENCE- The above-captioned action, as it relates to Plaintiffs and Defendant Bridgestone America Tire Operations, LLC, is hereby referred to United States Magistrate Judge Michael J. Newman solely for the purpose of conducting a mediation. The appointed Mediator shall have full authority to conduct the mediation and shall report to District Judge Walter H. Rice whether or not the mediation resulted in settlement of this case. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 8/20/19. (kma) Modified on 8/21/2019 (lk).
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Filing 1059
ORDER OF REFERENCE- Pursuant to 28 U.S.C. 636(b)(l)(A), (B), and (C), and 636(b)(3), the above-captioned action, as it relates to Plaintiffs and Defendant, Bridgestone America Tire Operations, LLC, is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator, for purposes of conducting a mediation. Signed by Judge Walter H. Rice on 8/15/19. (kma)
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Filing 1058
DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION TO SUPPLEMENT SUMMARY JUDGMENT RECORD WITH RESPECT TO CONAGRA GROCERY PRODUCTS COMPANY, LLC, WITH DEPOSITION TESTIMONY FROM RICHARD HUNTER AND CECIL HUNTER (DOC. #1048 ). Signed by Judge Walter H. Rice on 8/2/19. (kma)
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Filing 1057
Supplemental Memorandum Supporting re #990 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot WMO's Sur-Surreply in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Nijman, Jennifer)
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NOTATION ORDER sustaining #1056 Waste Management of Ohio, Inc.'s Motion for Leave to File Sur-Surreply. Attached Sur-Surreply, document # [1056-1] to be detached and filed. Signed by Judge Walter H. Rice on 07/26/2019. (tp)
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Filing 1056
MOTION for Leave to File WMO's Sur-Surreply in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit WMO's Sur-Surrely in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot, #2 Exhibit 1 to Sur-Surreply, #3 Exhibit 2 to Sur-Surreply) (Nijman, Jennifer)
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Filing 1055
Response re #1043 Reply to Response to Motion, Plaintiffs' Surreply Brief in Opposition to Defendant Waste Management of Ohio's Motion in Limine by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A) (Dyer, James)
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NOTATION ORDER sustaining #1053 Motion for Leave to File Surreply. Signed by Judge Walter H. Rice on 07/23/2019. (tp)
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Filing 1054
RESPONSE in Opposition re #1048 MOTION to Supplement Summary Judgment Record with Respect to ConAgra Grocery Products Company, LLC With Deposition Testimony from Richard Hunter and Cecil Hunter filed by Cross Defendants Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Counter Claimants Conagra Grocery Products Company, Conagra Grocery Products Company, Defendant Conagra Grocery Products Company, Counter Defendant Conagra Grocery Products Company. (Attachments: #1 Depo Excerpts of Richard L. Hunter, #2 Depo Excerpts of Cecil R. Hunter, #3 Depo Excerpts of Michael A. Wendling) (Covi, Kristopher)
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Filing 1053
Plaintiffs' Motion for Leave to File Surreply (Attachments: #1 Exhibit Plaintiffs' Proposed Surreply, #2 Exhibit A to Plaintiffs' Proposed Surreply) (Dyer, James) Modified on 7/23/2019 to correct event per WHR chambers (kma). Modified on 7/23/2019 (tp).
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Filing 1052
Response re #1051 Response in Opposition to Motion, Surreply in Reponse to Cox Media Group Ohio, Inc.'s Response and Objections to Plaintiffs' Supplemental Summary Judgment Records by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1051
Defendant Cox Media Group Ohio, Inc.'s Sur-Replyto Plaintiffs' Response to CMGO'S Response and Objection to Plaintiffs' Supplemental Summary Judgment Records ECF Doc. #[1010-2] and [1015-2] filed per Notation Order of 7/1/2019 granting #1041 Unopposed MOTION for Leave to File Cox Media Group Ohio, Inc.s Sur- Reply to Plaintiffs Response to CMGOs Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. #1010-2 and #1015-2 by Defendant Cox Media Group Ohio Inc. filed by Defendant Cox Media Group Ohio Inc. (Farolino, Shane) Modified on 8/27/2019 (tp).
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NOTATION ORDER sustaining #1041 Unopposed MOTION for Leave to File Cox Media Group Ohio, Inc.s Sur- Reply to Plaintiffs Response to CMGOs Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. #1010-2 and #1015-2 by Defendant Cox Media Group Ohio Inc. Signed by Judge Walter H. Rice on 07/01/2019. (tp)
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NOTATION ORDER sustaining #1050 Motion for Leave to File to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 07/01/2019. (tp)
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Filing 1050
MOTION for Leave to File to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Proposed Surreply) (Dyer, James)
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Filing 1049
Reply re #981 Objection (non motion), #998 MOTION in Limine and Memorandum to Exclude Certain Expert Testimony of Dr. Jurgen Exner by Cross Defendants Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Counter Claimants Conagra Grocery Products Company, Conagra Grocery Products Company, Defendant Conagra Grocery Products Company, Counter Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit 1 - ConAgra's Response to Plaintiffs' Interrogatory No. 5) (Covi, Kristopher)
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Filing 1048
MOTION to Supplement Summary Judgment Record with Respect to ConAgra Grocery Products Company, LLC With Deposition Testimony from Richard Hunter and Cecil Hunter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 1047
REPLY to Response to Motion re #999 MOTION in Limine to Exclude Certain Testimony and Opinions of Dr. B. Tod Delaney filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1046
NOTICE by Defendant Bridgestone Americas Tire Operations LLC re #1045 Reply to Response to Motion, of Partial Joinder in Defendant Waste Management of Ohio, Inc.'s Reply in Support of its Motion in Limine to Exclude the Deposition of Frank Miracle (Dressman, E)
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Filing 1045
REPLY to Response to Motion re #991 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Deposition Testimony of Frank Miracle filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Nijman, Jennifer)
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Filing 1044
REPLY to Response to Motion re #986 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Declaration of Steven M. Quigley filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
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Filing 1043
REPLY to Response to Motion re #990 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Nijman, Jennifer)
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Filing 1042
REPLY to Response to Motion re #995 MOTION in Limine to Exclude Hearsay Testimony From Edward Grillot filed by Defendant Valley Asphalt Corporation. (Hanna, Robert)
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Filing 1041
Unopposed MOTION for Leave to File Cox Media Group Ohio, Inc.s Sur- Reply to Plaintiffs Response to CMGOs Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. #1010-2 and #1015-2 by Defendant Cox Media Group Ohio Inc. (Attachments: #1 Exhibit Cox Media Group Ohio, Inc.s Sur- Reply to Plaintiffs Response to CMGOs Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. #1010-2 and #1015-2, #2 Text of Proposed Order) (Farolino, Shane)
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Filing 1040
RESPONSE in Opposition re #995 MOTION in Limine to Exclude Hearsay Testimony From Edward Grillot filed by Defendant Dayton Power and Light Company. (Sheely, Sommer)
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Filing 1039
RESPONSE in Opposition re #999 MOTION in Limine to Exclude Certain Testimony and Opinions of Dr. B. Tod Delaney filed by Cross Defendants Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Counter Claimants Conagra Grocery Products Company, Conagra Grocery Products Company, Defendant Conagra Grocery Products Company, Counter Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit 1 - Wittenbrink Deposition Excerpts) (Covi, Kristopher)
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Filing 1038
RESPONSE in Opposition re #986 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Declaration of Steven M. Quigley filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 1037
Response re #981 Objection (non motion), #998 MOTION in Limine and Memorandum to Exclude Certain Expert Testimony of Dr. Jurgen Exner by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1036
RESPONSE to Motion re #991 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Deposition Testimony of Frank Miracle filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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Filing 1035
RESPONSE to Motion re #990 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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Filing 1034
Response re #1020 Response (non motion), and Objection to Plaintiffs' Supplemental Summary Judgment Records by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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Filing 1033
NOTICE OF FILING DEPOSITION of David J. Hagen by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1032
DEPOSITION of David J. Hagen taken on October 8, 2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Dyer, James)
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Filing 1031
NOTICE OF FILING DEPOSITION of Richard L. Hunter and Cecil Hunter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1030
DEPOSITION of Richard L. Hunter taken on April 30, 2019 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Dyer, James)
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Filing 1029
NOTICE OF FILING DEPOSITION of Cecil R. Hunter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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NOTATION - re #1028 Notice of Withdrawal of Document, filed by Kelsey-Hayes Company, NCR Corporation is noted by the Court. Signed by Judge Walter H. Rice on 06/07/2019. (tp)
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Filing 1028
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Kelsey-Hayes Company, NCR Corporation re #1017 MOTION to Compel Production of Documents Or, In The Alternative, For Exclusion of Testimony Against Defendant The Dayton Power and Light Company (Dyer, James)
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Filing 1027
NOTICE by Cross Defendants Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Conagra Grocery Products Company, Counter Claimants Conagra Grocery Products Company, Conagra Grocery Products Company, Defendant Conagra Grocery Products Company, Counter Defendant Conagra Grocery Products Company re #998 MOTION in Limine and Memorandum to Exclude Certain Expert Testimony of Dr. Jurgen Exner (Covi, Kristopher)
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Filing 1026
NOTICE by Defendant Waste Management of Ohio, Inc. re #1002 MOTION in Limine Joinder in Motions in Limine Filed by Other Defendants, #993 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Testimony of "Unknown" Fact Witness for Kelsey-Hayes Company, #992 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Testimony of Edward Gallagher For NCR Corporation, #988 MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of James South (Nijman, Jennifer)
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Filing 1025
NOTICE by Plaintiffs Kelsey-Hayes Company, NCR Corporation re #867 Second MOTION for Summary Judgment , #983 Trial Brief, #987 MOTION in Limine to Exclude Testimony of Dr. Swiatoslav Kaczmar, #1001 MOTION in Limine to Exclude Testimony of Exner and White and to Join Motions in Limine filed by Defendants, #984 Trial Brief (Joint) (Dyer, James)
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Filing 1024
NOTICE by Plaintiffs Kelsey-Hayes Company, NCR Corporation re #881 Reply to Response to Motion, #999 MOTION in Limine to Exclude Certain Testimony and Opinions of Dr. B. Tod Delaney, #879 Response to Motion, #858 MOTION in Limine to Exclude Testimony of Patrick Doyle, Esq. (Dyer, James)
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Filing 1023
NOTICE by Defendant Sherwin-Williams Company re #866 MOTION for Summary Judgment , #989 MOTION in Limine to exclude certain expert opinions of Dr. Jurgen Exner and Mr. Richard White (Kemp, Matthew)
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Filing 1022
NOTICE by Defendant Valley Asphalt Corporation re #996 MOTION in Limine to Exclude Testimony From Richard L. White and Christopher M. Wittenbrink, #864 MOTION for Summary Judgment , #995 MOTION in Limine to Exclude Hearsay Testimony From Edward Grillot (Hanna, Robert)
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Filing 1021
NOTICE by Defendant Pharmacia LLC, a Delaware Limited Liability Company (Fedder, Jane)
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Set/Reset Deadlines as to #1017 MOTION to Compel Production of Documents Or, In The Alternative, For Exclusion of Testimony Against Defendant The Dayton Power and Light Company. Responses due by 6/7/2019 (kma)
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Filing 1020
Response and Objection to Plaintiffs' Supplemental Summary Judgment Records ECF Doc. Nos. #1010-2 and 1015-2 by Defendant Cox Media Group Ohio Inc. (Attachments: #1 Exhibit Att. 1 - Excerpts from the Deposition of Richard Lee Hunter) (Farolino, Shane)
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NOTATION ORDER sustaining #1018 Agreed Motion of Defendant The Dayton Power and Light Company for Extension of Time to Respond to Plaintiffs' Motion to Compel Production of Documents or, in the Alternative, for Exclusion of Testimony Against Defendant The Dayton Power and Light Company (Doc. #1017 , Filed May 9, 2019) by Defendant Dayton Power and Light Company. New date requested 6/7/2019. Signed by Judge Walter H. Rice on 05/28/2019. (tp)
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NOTATION ORDER sustaining #1019 Unopposed MOTION for Leave to File Instanter Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. Nos. # [1010-2] and # [1015-2] by Defendant Cox Media Group Ohio Inc. Signed by Judge Walter H. Rice on 05/28/2019. (tp)
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Filing 1019
Unopposed MOTION for Leave to File Instanter Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. Nos. #1010-2 and #1015-2 by Defendant Cox Media Group Ohio Inc. (Attachments: #1 CMGO's Response and Objection to Plaintiffs Supplemental Summary Judgment Records ECF Doc. Nos. #1010-2 and #1015-2, #2 Exhibit Att. 1 to Response and Objection - Excerpts from Deposition of Richard Lee Hunter, #3 Text of Proposed Order Granting CMGO's Unopposed Motion for Leave to File) (Farolino, Shane)
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Filing 1018
MOTION for Extension of Time New date requested 6/7/2019. Agreed Motion of Defendant The Dayton Power and Light Company for Extension of Time to Respond to Plaintiffs' Motion to Compel Production of Documents or, in the Alternative, for Exclusion of Testimony Against Defendant The Dayton Power and Light Company (Doc. #1017, Filed May 9, 2019) by Defendant Dayton Power and Light Company. (Attachments: #1 Text of Proposed Order Order of Court) (Sheely, Sommer)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 5/22/2019. (Court Reporter: Debra Futrell) (tp)
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Filing 1017
MOTION to Compel Production of Documents Or, In The Alternative, For Exclusion of Testimony Against Defendant The Dayton Power and Light Company by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Dyer, James)
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Filing 1016
ORDER- AND NOW, in consideration of Plaintiffs' Motion to Supplement Summary Judgment Record with respect to Conagra Grocery Products Company, LLC and Cox Media Group Ohio, Inc. with Testimony from a Previously Unknown Witness, and any response thereto, IT IS HEREBY ORDERED THAT: 1. Plaintiffs' Motion is GRANTED 2. The Parties shall coordinate with each other to arrange for the deposition of Mr. Cecil R. Hunter by May 24, 2019. re #1015 . Signed by Judge Walter H. Rice on 5/1/19. (kma)
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Filing 1015
MOTION to Supplement Summary Judgment Record with Respect to Conagra Grocery Products Company, LLC and Cox Media Group Ohio, Inc. with Testimony from a Previously Unknown Witness by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Proposed Order) (Dyer, James)
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Filing 1014
NOTICE of Substitution of Counsel - Ilya L. Polyakov substituting for Toby K. Henderson as to Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Polyakov, Ilya)
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Filing 1013
DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON CERTAIN ELEMENTS OF CERCLA (DOC. #869 ); SUSTAINING PLAINTIFFS' MOTION FORPARTIAL SUMMARY JUDGMENT ON NECESSITY AND CONSISTENCY WITH THE NATIONAL CONTINGENCY PLAN (DOC. #871 ). Signed by Judge Walter H. Rice on 4/19/19. (kma)
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Filing 1012
NOTICE by Defendant Pharmacia LLC, a Delaware Limited Liability Company of withdrawal of counsel (Fedder, Jane)
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Filing 1011
ORDER - AND NOW, in consideration of Plaintiffs' Motion to Supplement Summary Judgment Record with respect to Conagra Grocery Products Company, LLC, Cox Media Group Ohio, Inc. and Franklin Iron and Metal Corp. with Testimony from a Previously Unknown Witness, and any response thereto, IT IS HEREBY ORDERED THAT:1. Plaintiffs' Motion is GRANTED. 2. The Parties shall coordinate with each other to arrange for the deposition of Mr. Richard Hunter by May 1, 2019. re #1010 . Signed by Judge Walter H. Rice on 4/4/19. (kma)
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Filing 1010
MOTION re #867 Second MOTION for Summary Judgment , #874 MOTION for Summary Judgment , #872 MOTION for Summary Judgment on Liability for Vapor Intrusion Claims to Supplement Summary Judgment Record with Respect to ConAgra Grocery Products Company, LLC; Cox Media Group Ohio, Inc. and Franklin Iron and Metal Corp. with Testimony from a Previously Unknown Witness by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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Filing 1009
Response re #787 Amended Document,, Plaintiffs' Answer to Amended Counterclaim of Defendant Valley Asphalt Coporation (to include signature) by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 1008
ANSWER to #787 Amended Counterclaim of Defendant Valley Asphalt Corporation. Please note the document is not signed. filed by All Plaintiffs. (kma)
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Filing 1007
ORDER - Plaintiffs' Motion to File out of Time Answer to Undismissed Portion of Counterclaim of Valley Asphalt Corporation, and any response thereto is GRANTED. Plaintiffs' Answer to Undismissed Portion of Counterclaim of Valley Asphalt Corporation #1006 , in the form attached to its Motion, is deemed filed this date. Signed by Judge Walter H. Rice on 3/22/19. (kma) Modified on 3/26/2019 to clarify docket text. (jmb).
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Filing 1006
MOTION to File Out of Time Answer to Undismissed Portion of Counterclaim of Valley Asphalt Corporation by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Answer to Amended Counterclaim of Defendant Valley Asphalt Corporation) (Dyer, James)
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Filing 1005
DECISION AND ENTRY SUSTAINING DEFENDANTS' MOTION FOR EXPEDITED STATUS CONFERENCE (DOC. #978 ); SUSTAINING JOINT MOTION OF ALL DEFENDANTS TO STAY OR MODIFY THETHIRD OMNIBUS SCHEDULING ORDER (DOC. #971 ); STAYING ALL REMAINING DEADLINES PENDING RESOLUTION OF MOTIONS FOR SUMMARY JUDGMENT; VACATING MARCH 19, 2019, TRIAL DATE; CONFERENCE CALL TO BE SET FOLLOWING RULING ON SUMMARY JUDGMENT MOTIONS. Signed by Judge Walter H. Rice on 3/12/19. (kma)
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Filing 1004
NOTICE of Appearance by Mark Robert Chilson for Cross Defendant Franklin Iron & Metal Corp (Chilson, Mark)
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Filing 1003
NOTICE of Appearance by Matthew T. Kemp for Defendant Sherwin-Williams Company (Kemp, Matthew)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 2/21/2019. After Decisions are filed, the Court will set a conference call. The Scheduling Order in this matter is stayed. (tp)
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NOTICE OF CANCELLATION: The Telephone Conference regarding #978 MOTION to Expedited Status Conference set for 2/20/2019 05:30 PM before Judge Walter H. Rice is cancelled. Due to the 2 hour delay in the federal building opening this morning and attorneys traveling from Columbus and Cincinnati, the Court will be in session until 6:30 PM today. The gist of the phone conference is to vacate the trial date and dates leading up to the trial date. The Court is making progress on the Motions for Summary Judgment, but has a trial beginning next week which will slow down the ruling on the Motions. (tp)
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Filing 1002
JOINDER IN THE MOTION IN LIMINE FILED BY OTHER DEFENDANTS by Defendant Waste Management of Ohio, Inc. (Gale, Kristen) Modified on 8/13/2019 to clarify it was joinder of a motion not a separate motion (kma).
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Filing 1001
MOTION in Limine to Exclude Testimony of Exner and White and to Join Motions in Limine filed by Defendants by Defendant Franklin Iron & Metal Corp. (Hillerich, Laura)
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Filing 1000
NOTICE by Defendant Bridgestone Americas Tire Operations LLC of Joinder in the Motions in Limine Filed by Other Defendants (Dressman, E)
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Filing 999
MOTION in Limine to Exclude Certain Testimony and Opinions of Dr. B. Tod Delaney by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 998
MOTION in Limine and Memorandum to Exclude Certain Expert Testimony of Dr. Jurgen Exner by Defendant Conagra Grocery Products Company. (Covi, Kristopher)
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Filing 997
MOTION in Limine and Joinder in the Motions in Limine filed by other Defendants by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Fedder, Jane)
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Filing 996
MOTION in Limine to Exclude Testimony From Richard L. White and Christopher M. Wittenbrink by Defendant Valley Asphalt Corporation. (Attachments: #1 Declaration of Robert J. Hanna) (Hanna, Robert)
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Filing 995
MOTION in Limine to Exclude Hearsay Testimony From Edward Grillot by Defendant Valley Asphalt Corporation. (Attachments: #1 Declaration of Robert J. Hanna) (Hanna, Robert)
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Filing 994
PRETRIAL MEMORANDUM by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 993
MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Testimony of "Unknown" Fact Witness for Kelsey-Hayes Company by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - Draft Final Order, #2 Exhibit 2 - Pltfs' 26(a) Disclosures, #3 Exhibit 3 - Pltfs' Supplement to its 26(a) disclosures, #4 Exhibit 4 - 11-1-16 lay witness list) (Nijman, Jennifer)
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Filing 992
MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Testimony of Edward Gallagher For NCR Corporation by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - Pltfs' 6th Amended Lay Witnesses in Redline, #2 Exhibit 2 - Pltfs' 26(a) Disclosures, #3 Exhibit 3 - Pltfs' Supplement to its 26(a) disclosures, #4 Exhibit 4 - Pltfs' 11-1-16 lay witnesses list, #5 Exhibit 5 - Pltfs' 5th Amended Lay witness list) (Nijman, Jennifer)
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Filing 991
MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Deposition Testimony of Frank Miracle by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - Miracle Dep) (Nijman, Jennifer)
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Filing 990
MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of Edward Grillot by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - 2012 Grillot Dep, #2 Exhibit 2 - Hobart I Complaint, #3 Exhibit 3 - Harbeck 2017 Affidavit, #4 Exhibit 4 - Harbeck 2019 Affidavit, #5 Exhibit 5 - 2013 Grillot Dep, #6 Exhibit 6 - 2016 Grillot Dep) (Nijman, Jennifer)
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Filing 989
MOTION in Limine to exclude certain expert opinions of Dr. Jurgen Exner and Mr. Richard White by Defendant Sherwin-Williams Company. (Attachments: #1 Memorandum in Support, #2 A: Exner report 07-21-17, #3 Exhibit B: Exner report 07-24-18, #4 Exhibit C: Exner dep excerpts, #5 Exhibit D: White report 07-24-18, #6 Exhibit E: White dep excerpts) (Eddy, Robert)
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Filing 988
MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude 2012 Deposition Testimony of James South by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - 2012 South Dep, #2 Exhibit 2 - Pltfs' Response to WMO's Request for Production, #3 Exhibit 3 - Hobart I Complaint, #4 Exhibit 4 - Harbeck Affidavit re South) (Nijman, Jennifer)
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Filing 987
MOTION in Limine to Exclude Testimony of Dr. Swiatoslav Kaczmar by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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Filing 986
MOTION in Limine and Memorandum in Support of Its Motion in Limine to Exclude Declaration of Steven M. Quigley by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1 - Quigley Declaration, #2 Exhibit 2 - Quigley Dep, #3 Exhibit 3 - Quigley 2017 Expert Report, #4 Exhibit 4 - Quigley 2018 Expert Report, #5 Exhibit 5 - Exner Vapor Intrusion Opinion) (Nijman, Jennifer)
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Filing 985
MOTION in Limine to Exclude Interview of Clay Lowe, AKA Mr. C by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 984
TRIAL BRIEF Memorandum of Law Regarding Expert Testimony of Richard White by Defendant Franklin Iron & Metal Corp. (Hillerich, Laura)
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Filing 983
TRIAL BRIEF Regarding expert testimony J. Exner by Defendant Franklin Iron & Metal Corp. (Hillerich, Laura)
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Set/Reset Deadlines as to #978 MOTION for to Expedited Status Conference. Telephone Conference set for 2/20/2019 05:30 PM before Judge Walter H. Rice. (tp)
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Filing 982
Respondent's REPLY BRIEF by Conagra Grocery Products Company- Entitled- CONAGRA GROCERY PRODUCTS COMPANY, LLCS MEMORANDUM IN RESPONSE TO PLAINTIFFS SURREPLY BRIEF IN OPPOSITION TO CONAGRAS MOTION FOR SUMMARY JUDGMENT. (kma)
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NOTATION ORDER sustaining #980 Motion for Leave to File Memorandum in Response to Plaintiffs' Surreply Brief in Opposition to ConAgra's Motion for Summary Judgment by Defendant Conagra Grocery Products Company. Surreply is to be filed by Clerk instanter. Signed by Judge Walter H. Rice on 02/15/2019. (tp)
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Filing 981
Objection re #975 Supplemental - Opposing Exhibit 1 by Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit - Memorandum in Support of Objection to Exhibit 1 to Plaintiffs' Surreply Brief in Opposition to ConAgra's Motion for Summary Judgment) (Covi, Kristopher)
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Filing 980
MOTION for Leave to File Memorandum in Response to Plaintiffs' Surreply Brief in Opposition to ConAgra's Motion for Summary Judgment by Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit - Proposed Memorandum in Response to Plaintiffs' Surreply Brief in Opposition to ConAgra's Motion for Summary Judgment) (Covi, Kristopher)
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NOTATION ORDER sustaining #979 MOTION to Withdraw as Attorney Scott S. Davies as Co-Counsel by Plaintiffs Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 02/12/2019. (tp)
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Filing 979
MOTION to Withdraw as Attorney Scott S. Davies as Co-Counsel by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 978
MOTION to Expedite Status Conference by Defendants Bradford Soap International, Inc., Bridgestone Americas Tire Operations LLC, Bridgestone Firestone Inc, Cargill, Inc., Cintas Corporation, City of Dayton, Ohio, Coca-Cola Refreshments USA, Inc., Conagra Grocery Products Company, Cox Media Group Ohio Inc, DAP Products, Inc., Day International Inc, Dayton Board of Education, Dayton Industrial Drum, Inc., Dayton Power and Light Company, Fickert Devco Inc, Flowserve Corporation, Franklin Iron & Metal Corp, GlaxoSmithKline LLC, Harris Corporation, Hewitt Soap Works, Inc., Kimberly-Clark Corporation, La Mirada Products Co., Inc, Newmark LLC, Ohio Bell Telephone Company, P-Americas, LLC, PPG Industries, Inc., Peerless Transportation Company, Pharmacia LLC, a Delaware Limited Liability Company, Reynolds and Reynolds Company, Sherwin-Williams Company, Standard Register Company, State Of Ohio, United States Department of Defense, United States Department of Energy, United States of America, University of Dayton, Valley Asphalt Corporation, Van Dyne Crotty Co, Waste Management of Ohio, Inc., YP Advertising and Publishing LLC, A.E. Fickert, Inc., "John Doe" Corporation(s). (Campbell, Drew)
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Filing 977
REPLY to Response to Motion re #971 Joint MOTION to Stay re #817 Preliminary Pretrial Order,,, or Modify by All Defendants filed by Defendant Conagra Grocery Products Company. (Covi, Kristopher)
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Filing 976
RESPONSE in Opposition re #971 Joint MOTION to Stay re #817 Preliminary Pretrial Order,,, or Modify by All Defendants filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 975
Supplemental Memorandum Opposing re #874 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Dyer, James)
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Filing 974
Supplemental Memorandum Opposing re #864 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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NOTATION ORDER sustaining #970 Motion for Leave to File Two Surreply Briefs by Plaintiffs Kelsey-Hayes Company, NCR Corporation. Two Surreply Briefs to be filed by close of business 2/4/2019. Signed by Judge Walter H. Rice on 01/31/2019. (tp)
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Filing 973
MEDIATOR'S NOTE for proceedings held before Magistrate Judge Michael J. Newman: Mediation between Plaintiffs and Defendant Franklin Iron & Metal held on 1/30/2019. The matter did not settle. (mnr)
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Filing 972
MEDIATOR'S NOTE for proceedings held before Magistrate Judge Michael J. Newman. Mediation held between Plaintiffs and Dayton Power & Light on 1/30/2019. The matter did not settle. (mnr)
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Docketed to correct statistical information. (jcw)
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Filing 971
Joint MOTION to Stay re #817 Preliminary Pretrial Order,,, or Modify by All Defendants by Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit 1 - Larry Silver email) (Covi, Kristopher)
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Filing 970
MOTION for Leave to File Two Surreply Briefs by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1 - Valley Asphalt Corporation Proposed Surreply, #2 Exhibit 1 to Valley Asphalt Corporation Proposed Surreply, #3 Exhibit 2 to Valley Asphalt Corporation Proposed Surreply, #4 Exhibit 2 - ConAgra Grocery Products Proposed Surreply, #5 Exhibit 1 to ConAgra Grocery Products Proposed Surreply, #6 Exhibit 2 to ConAgra Grocery Products Proposed Surreply, #7 Exhibit 3 to ConAgra Grocery Products Proposed Surreply, #8 Exhibit 4 to ConAgra Grocery Products Proposed Surreply) (Dyer, James)
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Filing 969
Minute Entry: This civil case came before the Court by telephone on 1/15/2019 at 11:00 a.m. Jim Dyer. Larry Silver, and David Romine participated on behalf of Plaintiff and Drew Campbell and Frank Merrill participated on behalf of Defendant, Dayton Power and Light Company. The parties met and conferred and advised the court to schedule a mediation date for January 29, 2019. A mediation order will follow. (dm) Modified on 1/17/2019 (dm).
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Filing 968
Minute Entry: This civil case came before the Court by telephone on 1/15/2019 at 11:00 a.m. Jim Dyer. Larry Silver, and David Romine participated on behalf of Plaintiff and Robert Thumann participated on behalf of Defendant, Franklin Iron & Metal Corp. The parties met and conferred and advised the court to schedule a mediation date for January 30, 2019. A mediation order will follow. (dm)
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Filing 967
REPLY to Response to Motion re #865 MOTION for Summary Judgment related to Blaylock filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Affidavit Declaration of Kristen Gale, #2 Exhibit 1 - 1968 DJH Article, #3 Exhibit 2 - Smith Deposition, #4 Exhibit 3 - Dayton Water Report, #5 Exhibit 4 - Wood Ash Article, #6 Exhibit 5 - Quigley Deposition, #7 Exhibit 6 - Exner VI Report, #8 Exhibit 7 - Exner Deposition, #9 Exhibit 8 - SDD NPL Status) (Nijman, Jennifer)
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Filing 966
MEDIATION ORDER- The undersigned sets this case for mediation on January 30, 2019 at 9:30 a.m. as between Plaintiffs and Defendant Franklin Iron & Metal Corp. The mediation will take place beginning at the Federal Building, 200 West Second Street, Room 505, Dayton, Ohio, 45402. Signed by Magistrate Judge Michael J. Newman on 1/16/19. (kma)
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Filing 965
Order Setting Mediation Conference: The undersigned sets this case for a follow-up mediation on January 29, 2019 at 9:30 a.m. as between Plaintiffs and Defendant Dayton Power & Light, LLC. The mediation will take place beginning at the Federal Building, 200 West Second Street, Room 505, Dayton, Ohio, 45402. The parties continue to be bound by the Agreement to Attend and Participate in Good Faith set forth in the undersigneds previous Mediation Order (doc. #859 )and the provisions of S. D. Ohio Civ. R. 16.3(c). Signed by Magistrate Judge Michael J. Newman on 1/16/19. (kma)
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Filing 964
DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE JOINT MOTION FOR APPROVAL OF PARTIAL SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND BRIDGESTONE AMERICAS TIREOPERATIONS, LLC (DOC. #855 )- The Court has determined that the best course of action is to rule on the pending motions for summary judgment. Once it is determined which Defendants remain in the litigation, the Court will convene a status conference during which it will chart the future course of this litigation and discuss possible settlement options. If a global settlement is not achieved, Plaintiffs and Bridgestone may then re-file their Joint Motion for Approval of Partial Settlement Agreement. If the Court ultimately overrules that motion, it will give BATO the opportunity to file a motion for summary judgment prior to trial.. Signed by Judge Walter H. Rice on 1/15/19. (kma)
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Filing 963
NOTICE: The Court will conduct a Telephone Conference on 1/15/2019 at 11:30 AM with counsel for the Plaintiffs and counsel for Franklin Iron and Metal. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 962
NOTICE: The Court will conduct a Telephone Conference on 1/15/2019 at 11:00 AM with Counsel for the Plaintiffs and Counsel for Dayton Power and Light. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 961
ORDER - This matter, having come before the Court on Defendant The Sherwin-Williams Company Unopposed Amended Motion for Extension of Time to File Reply in Support of its Motion for Partial Summary Judgment, and finding good cause to grant the Motion, it is hereby ORDERED THAT: The Sherwin-Williams Company's Reply in Support of its Motion for Partial Summary Judgment is due on Friday, January 11, 2019. Signed by Judge Walter H. Rice on 1/9/19. (kma)
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Filing 960
ORDER - This matter, having come before the Court on Defendant ConAgra Grocery ProductsCompany, LLC's Unopposed Motion for Two-Day Extension of Time to File Reply in Supportof its Motion for Summary Judgment, it is herebyORDERED THAT: ConAgra Grocery Products Company, LLC's Motion is GRANTED.Conagra Grocery Products Company, LLC's Reply in Support of Motion for Summary Judgmentis due on Wednesday, January 9, 2019. Nunc Pro Tunc 1/3/2019. Signed by Judge Walter H. Rice on 1/14/19. (kma)
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NOTATION ORDER finding as moot #938 MOTION for Extension of Time, Unopposed MOTION for Extension of Time to File Response/Reply as to #866 MOTION for Summary Judgment, as superseded by document number #952 . (tp) Modified on 1/14/2019 (tp).
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Notice of Correction re: 1/14/2019 NOTATION ORDER finding as moot #938 MOTION for Extension of Time, Unopposed MOTION for Extension of Time to File Response/Reply as to 866 MOTION for Summary Judgment, as superseded by document number #952 , to correct text. (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/14/2019. (Court Reporter: Debra Futrell) (tp)
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Filing 959
REPLY to Response to Motion re #866 MOTION for Summary Judgment filed by Defendant Sherwin-Williams Company. (Eddy, Robert)
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Filing 958
REPLY to Response to Motion re #873 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Exhibit #1 Deposition excerpts of Thomas Beal, #2 Exhibit #2 Deposition excerpts of Alan Wurstner, #3 Exhibit #3 Deposition excerpts of Thomas Ctvrtnicek, #4 Exhibit #4 Deposition excerpts of Dallas Wait, #5 Exhibit #5 Expert report of Dallas Wait, #6 Exhibit #6 SDD Superfund Site Profile) (Fedder, Jane)
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Filing 957
REPLY to Response to Motion re #874 MOTION for Summary Judgment filed by Defendant Conagra Grocery Products Company. (Attachments: #1 Declaration of B. Tod Delaney) (Covi, Kristopher)
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Filing 956
REPLY to Response to Motion re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 955
REPLY to Response to Motion re #870 MOTION for Summary Judgment Regarding SCA Services of Ohio, Inc. related to SCA filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Declaration of Kristen Gale, #2 Exhibit 1 - Oesterle Deposition Exhibit 5, #3 Exhibit 2 - P. Doyle Deposition) (Nijman, Jennifer)
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Filing 954
REPLY to Response to Motion re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 953
REPLY to Response to Motion re #868 MOTION for Summary Judgment Regarding Industrial Waste Disposal Co., Inc. related to IWD filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Declaration of Kristen Gale, #2 Exhibit 1 - Forney Deposition, #3 Exhibit 2 - Layfield Deposition, #4 Exhibit 3 - Miracle Deposition, #5 Exhibit 4 - BATO Expert Report, #6 Exhibit 5 - Younker Deposition, #7 Exhibit 6 - DTR 1977 Survey, #8 Exhibit 7 - Grillot 2012 Deposition, #9 Exhibit 8 - Smith Deposition, #10 Exhibit 9 - Dayton Water Report, #11 Exhibit 10 - Quigley Deposition) (Nijman, Jennifer)
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Filing 952
Amended MOTION for Extension of Time to File Response/Reply as to #866 MOTION for Summary Judgment New date requested 1/11/2019. by Defendant Sherwin-Williams Company. (Attachments: #1 Text of Proposed Order) (Eddy, Robert)
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Filing 951
DEPOSITION of James Campbell taken on 05-11-2017 by Defendant Dayton Power and Light Company. (Attachments: #1 Signature Statement, #2 Exhibit Tab Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3 (pgs 1-90), #6 Exhibit 3 (pgs 91-172), #7 Exhibit 3 (pgs 173-246), #8 Exhibit 3 (pgs 247-327), #9 Exhibit 3 (pgs 328-408), #10 Exhibit 3 (pgs 409-496), #11 Exhibit 3 (pgs 497-586), #12 Exhibit 3 (pgs 587-670), #13 Exhibit 3 (pgs 671-759), #14 Exhibit 3 (pgs 760-829), #15 Exhibit 4 (pgs 1-70), #16 Exhibit 4 (pgs 71-149), #17 Exhibit 4 (pgs 150-220), #18 Exhibit 4 (pgs 221-290), #19 Exhibit 4 (pgs 291-357), #20 Exhibit 5) (Merrill, Frank)
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Filing 950
NOTICE by Defendant Dayton Power and Light Company of Filing Deposition Transcript of James Campbell (Merrill, Frank)
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Filing 949
DEPOSITION of Edward Grillot taken on 04-24-2012 by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29) (Merrill, Frank)
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Filing 948
NOTICE by Defendant Dayton Power and Light Company of Filing Deposition Transcript of Edward Grillot (Merrill, Frank)
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Filing 947
REPLY to Response to Motion re #872 MOTION for Summary Judgment on Liability for Vapor Intrusion Claims filed by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
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Filing 946
REPLY to Response to Motion re #864 MOTION for Summary Judgment on Apportionment filed by Defendant Valley Asphalt Corporation. (Attachments: #1 Affidavit of Robert Hanna, #2 Exhibit 1 to Declaration of Robert Hanna) (Hanna, Robert)
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Filing 945
ORDER: This matter, having come before the Court on Defendant ConAgra Grocery Products Company, LLC's Unopposed Motion for Two-Day Extension of Time to File Reply in Support of its Motion for Summary Judgment, it is hereby ORDERED THAT: ConAgra Grocery Products Company, LLC's Motion is GRANTED. Conagra Grocery Products Company, LLC's Reply in Support of Motion for Summary Judgmentis due on Wednesday, January 9, 2019. Signed by Judge Walter H. Rice on 1/8/19. (kma)
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Filing 944
REPLY to Response to Motion re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Affidavit of Larry Silver) (Dyer, James)
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Filing 943
REPLY to Response to Motion re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 942
REPLY to Response to Motion re #864 MOTION for Summary Judgment on Apportionment filed by Defendant Valley Asphalt Corporation. (Attachments: #1 Exhibit 1 - Declaration of Robert Hanna, #2 Exhibit A to Declaration of Robert Hanna, #3 Exhibit B to Declaration of Robert Hanna, #4 Exhibit C to Declaration of Robert Hanna, #5 Exhibit 2 - Declaration of Dan Crago) (Hanna, Robert)
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Filing 941
ENTRY SETTING ORAL ARGUMENT, BY TELEPHONE COMMUNICATION, ON THE OBJECTION OF CERTAIN DEFENDANTS TO THE JOINT MOTION FOR APPROVAL OF PARTIAL SETTLEMENTAGREEMENT BETWEEN PLAINTIFFS AND BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, f/k/a THE DAYTON TIRE AND RUBBER COMPANY re #855 - Although only the parties identified above will be able to participate in this oral argument, it may well be that the Plaintiffs and other Defendants may be contemplating similarrequests that the Court approve partial settlement agreements. Accordingly, representatives of other Defendants, should they wish, may "audit" this telephone conference. This Court asks only that said auditing parties notify this Court's Courtroom Deputy at 937-512-1501 or rice_deputy@ohsd.uscourts.gov not later than noon on Friday, January 11, 2019. Ms. Parker will circulate call-in information. Signed by Judge Walter H. Rice on 1/2/19. (kma)
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Filing 940
REPLY to Response to Motion re #867 Second MOTION for Summary Judgment filed by Defendant Franklin Iron & Metal Corp. (Attachments: #1 Exhibit GHD Report Excerpts) (Thumann, Robert)
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Filing 939
MOTION for Extension of Time to File Response/Reply as to #874 MOTION for Summary Judgment New date requested 1/9/2019. by Defendant Conagra Grocery Products Company. (Attachments: #1 Text of Proposed Order) (Covi, Kristopher)
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Filing 938
MOTION for Extension of Time New date requested 1/9/2019. , Unopposed MOTION for Extension of Time to File Response/Reply as to #866 MOTION for Summary Judgment New date requested 1/9/2019. ( Responses due by 1/24/2019) by Defendant Sherwin-Williams Company. (Attachments: #1 Text of Proposed Order) (Eddy, Robert)
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NOTATION ORDER sustaining #936 Pharmacia LLC'S Unopposed Motion for Six Day Extension of Time to File its Reply in Support of its Motion for Summary Judgment. Signed by Judge Walter H. Rice on 01/03/2019. (tp)
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Filing 937
ORDER GRANTING EXTENSION OF TIME- This matter, having come before the Court on Phannacia LLC's Motion for an Extension of Time to file its Reply in Support of its Motion for Summary Judgment (Doc. #874 ) and the Court having examined the Motion, and being duly advised it is hereby ORDERED that: Pharmacia LLC's Motion for Extension of time to Reply in Support of its Motion for Summary Judgment is GRANTED. Pharmacia LLC's Reply in Support is due on or before January 9, 2019. Signed by Judge Walter H. Rice on 1/2/19. (kma)
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Filing 936
Unopposed MOTION for Extension of Time New date requested 1/9/2019. by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Exhibit #1 - 12-26-18 Email, #2 Exhibit #2 - proposed order) (Fedder, Jane)
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Filing 935
RESPONSE in Opposition re #865 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Dyer, James)
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Filing 934
ORDER - ORDERED THAT: Cox Media Group Ohio, Inc.'s Motion #933 is GRANTED. Cox Media Group Ohio, Inc.'s Reply in support of its Motion for Partial Summary Judgment is due on Wednesday, January 9, 2019. Signed by Judge Walter H. Rice on 12/31/18. (kma)
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NOTATION ORDER sustaining #932 Motion for Extension of Time to File Response/Reply, nunc pro tunc 12/27/2018. Signed by Judge Walter H. Rice on 12/31/2018. (tp)
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Filing 933
MOTION for Extension of Time to File Response/Reply as to #872 MOTION for Summary Judgment on Liability for Vapor Intrusion Claims New date requested 1/9/2019. by Defendant Cox Media Group Ohio Inc. (Attachments: #1 Text of Proposed Order) (Farolino, Shane)
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Filing 932
MOTION for Extension of Time to File Response/Reply as to #865 MOTION for Summary Judgment New date requested 12/27/2018. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #2 Exhibit 1 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #3 Exhibit 2 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #4 Exhibit 3 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #5 Exhibit 4 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #6 Exhibit 5 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #7 Exhibit 6 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #8 Exhibit 7 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #9 Exhibit 8 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #10 Exhibit 9 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #11 Exhibit 10 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #12 Exhibit 11 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #13 Exhibit 12 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company, #14 Exhibit 13 to Plaintiffs' Response to Waste Management Motion for Summary Judgment on Behalf of Blaylock Trucking Company) (Dyer, James)
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Filing 931
RESPONSE in Opposition re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA filed by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit 1 - Email Correspondence) (Merrill, Frank)
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Filing 930
NOTICE by Defendant Conagra Grocery Products Company re #905 Response in Opposition to Motion of Plaintiffs' for Partial Summary Judgment as to Necessity and Consistency with the National Contingency Plan (JOINDER IN WASTE MANAGEMENT'S OPPOSITION) (Covi, Kristopher)
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Filing 929
NOTICE by Defendant Conagra Grocery Products Company re #904 Response in Opposition to Motion of Plaintiffs' for Partial Summary Judgment on Certain Elements of CERCLA (JOINDER IN WASTE MANAGEMENT'S OPPOSITION) (Covi, Kristopher)
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Filing 928
RESPONSE in Opposition re #864 MOTION for Summary Judgment to Defendant Valley Asphalt Corporation's Motion for Summary Judgment filed by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit Declaration of Frank Merrill in Support of DPL's Memo in Opp, #2 Exhibit A - Grilliot Depo Transcript) (Merrill, Frank)
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Filing 927
RESPONSE in Opposition re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit Declaration of Frank Merrill in Support of DPLs Memo in Opp, #2 Exhibit A - Campbell Transcript) (Merrill, Frank)
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Filing 926
NOTICE by Defendant Bridgestone Americas Tire Operations LLC re #904 Response in Opposition to Motion Bridgestone Americas Tire Operations, LLC's Notice of Joinder in Defendant Waste Management of Ohio, Inc.'s Opposition to Plaintiffs' Motion for Partial Summary Judgment on Certain Elements of CERCLA (Dressman, E)
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Filing 925
NOTICE by Defendant Bridgestone Americas Tire Operations LLC re #905 Response in Opposition to Motion Bridgestone Americas Tire Operations, LLC's Notice of Joinder in Defendant Waste Management of Ohio, Inc.'s Opposition to Plaintiffs' Motion for Partial Summary Judgment on Necessity and Consistency with National Contingency Plan (Dressman, E)
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Filing 924
RESPONSE in Opposition re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Fedder, Jane)
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Filing 923
RESPONSE in Opposition re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA filed by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Exhibit 11-26-18 Email) (Fedder, Jane)
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Filing 922
NOTICE by Defendant Sherwin-Williams Company re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA, #904 Response in Opposition to Motion Notice of Joinder (Eddy, Robert)
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Filing 921
NOTICE by Defendant Valley Asphalt Corporation re #904 Response in Opposition to Motion (Hanna, Robert)
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Filing 920
NOTICE by Defendant Sherwin-Williams Company re #905 Response in Opposition to Motion, #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan Notice of Joinder (Eddy, Robert)
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Filing 919
RESPONSE in Opposition re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA filed by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
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Filing 918
RESPONSE in Opposition re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
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Filing 917
RESPONSE in Opposition re #874 MOTION for Summary Judgment Corrected filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27) (Dyer, James)
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Filing 916
RESPONSE to Motion re #874 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27) (Dyer, James)
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Filing 915
NOTICE by Defendant Franklin Iron & Metal Corp re #904 Response in Opposition to Motion of Plaintiffs' for Partial Summary Judgment on Certain Elements of CERCLA (JOINDER IN OPPOSITION) (Thumann, Robert)
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Filing 914
NOTICE by Defendant Franklin Iron & Metal Corp re #905 Response in Opposition to Motion of Plaintiffs' for Partial Summary Judgment as to Necessity and Consistency with the National Contingency Plan (Thumann, Robert)
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Filing 913
NOTICE OF FILING DEPOSITION of Frank Miracle, Cecil Younker, Alan Wurstner, Robert Aldredge, Richard Fahrenholz, Joseph Smart, Tom Ctvrtnicek, Stephen Quigley, Swiatoslav Kaczmar, Patrick Doyle, Walter Shields, Frank Getchell, Richard White, Jurgen Exner, B. Tod Delaney, Neil Ram, Jeffrey Smith and Remy Hennet by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 912
RESPONSE in Opposition re #868 MOTION for Summary Judgment Regarding Industrial Waste Disposal Co., Inc. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Dyer, James)
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Filing 911
DEPOSITION of Frank Miracle taken on 6/06/1991 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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Filing 910
DEPOSITION of Cecil Younker taken on 8/20/2013 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Dyer, James)
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Filing 909
DEPOSITION of Walter Shields taken on 9/26/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Dyer, James)
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Filing 908
RESPONSE in Opposition re #872 MOTION for Summary Judgment on Liability for Vapor Intrusion Claims filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20) (Dyer, James)
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Filing 907
MOTION for Leave to File Excess Pages In Response to Defendant ConAgra Grocery Product Company's Motion for Summary Judgment by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 906
DEPOSITION of Neil Ram taken on 10/16/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Dyer, James)
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Filing 905
RESPONSE in Opposition re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 904
RESPONSE in Opposition re #869 MOTION for Partial Summary Judgment on Certain Elements of CERCLA filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Nijman, Jennifer)
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Filing 903
NOTICE by Defendant Cox Media Group Ohio Inc of Joinder in Opposition to Joint Motion for Approval of Partial Settlement Agreement between Plaintiffs and Bridgestone Americas Tire Operations, LLC (Farolino, Shane)
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Filing 902
RESPONSE in Opposition re #867 Second MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20) (Dyer, James)
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Filing 901
NOTICE by Defendant Sherwin-Williams Company re #855 Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Bridgestone Americas Tire Operations, LLC (Eddy, Robert)
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Filing 900
RESPONSE in Opposition re #871 MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan filed by Defendant Valley Asphalt Corporation. (Attachments: #1 Declaration of Robert Hanna, #2 Exhibit A) (Hanna, Robert)
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Filing 899
RESPONSE in Opposition re #864 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Dyer, James)
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NOTATION ORDER sustaining #907 Motion for Leave to File Excess Pages. Signed by Judge Walter H. Rice on 12/21/2018. (tp)
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Filing 898
DEPOSITION of Alan Wurstner taken on 9/25/2013 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 897
RESPONSE in Opposition re #866 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Dyer, James)
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Filing 896
RESPONSE in Opposition re #870 MOTION for Summary Judgment Regarding SCA Services of Ohio, Inc. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Dyer, James)
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Filing 895
DEPOSITION of Richard L. White taken on 10/02/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, Part 1, #4 Exhibit 3, Part 2, #5 Exhibit 3, Part 3, #6 Exhibit 3, Part 4, #7 Exhibit 3, Part 5, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7) (Dyer, James)
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Filing 894
RESPONSE in Opposition re #873 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Dyer, James)
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Filing 893
DEPOSITION of Joseph Smart taken on 4/14/2015 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 892
DEPOSITION of Swiatoslav Kaczmar taken on 9/24/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 891
DEPOSITION of Jeffrey Smith taken on 10/17/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 890
DEPOSITION of Thoms Ctvrtnicek taken on 8/25/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Dyer, James)
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Filing 889
DEPOSITION of Frank Getchell taken on 9/28/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Dyer, James)
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Filing 888
DEPOSITION of Patrick Doyle taken on 9/25/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, Part 1, #4 Exhibit 3, Part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 8) (Dyer, James)
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Filing 887
DEPOSITION of Stephen Quigley taken on 9/06/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Dyer, James)
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Filing 886
DEPOSITION of Jurgen Exner taken on 10/03/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 16A, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26) (Dyer, James)
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Filing 885
REPLY to Response to Motion re #855 Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Bridgestone Americas Tire Operations, LLC Joint Reply in Support of Joint Motion for Approval of Partial Settlement Agreement Between Plaintiffs and Bridgestone Americas Tire Operations, LLC filed by Defendant Bridgestone Americas Tire Operations LLC. (Dressman, E)
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Filing 884
DEPOSITION of Remy Hennet taken on 10/19/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Part 1, #3 Exhibit 2 - Part 2, #4 Exhibit 2 - Part 3, #5 Exhibit 2 - Part 4, #6 Exhibit 2 - Part 5, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17) (Dyer, James)
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Filing 883
DEPOSITION of B. Tod Delaney taken on 12/12/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Dyer, James)
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Filing 882
DEPOSITION of Robert Lee Aldredge taken on 1/08/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 881
REPLY to Response to Motion re #858 MOTION in Limine to Exclude Testimony of Patrick Doyle, Esq. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 880
Mail Returned as Undeliverable re #861 . Mail sent to David Karl Brown (kma)
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Filing 879
RESPONSE to Motion re #858 MOTION in Limine to Exclude Testimony of Patrick Doyle, Esq. filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit USDOJ Complaint, #2 Exhibit USDOJ Competitive Impact Statement) (Nijman, Jennifer)
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Minute Entry for proceedings held before Magistrate Judge Michael J. Newman: Settlement Conference held on 12/6/2018. (mnr)
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Filing 878
RESPONSE in Opposition re #855 Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Bridgestone Americas Tire Operations, LLC by Certain Defendants filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A Dep Excerpt) (Nijman, Jennifer)
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Filing 877
ORDER OF REFERENCE- Order referring case to Magistrate Judge Michael J. Newman for settlement purposes only. Signed by Magistrate Judge Sharon L. Ovington on 12/6/18. (kma)
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Filing 876
DEPOSITION of Dan Crago, P.E. taken on February 15, 2017 by Defendant Valley Asphalt Corporation . (Hanna, Robert) Modified on 12/6/2018 to reference document deposition is in support of #864 and original filing #863 (kma).
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NOTICE re #863 Notice of Filing Deposition: Counsel is directed to correct by detaching exhibit 1, deposition, and file it separately under the correct event, deposition, located under Civil, Other Filings, Discovery documents, deposition. Counsel should reference the motion or pleading that the deposition relates to in the docket text. (kma)
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Filing 875
ORDER OF REFERENCE - Pursuant to 28 U.S.C. 636(b)(l)(A), (B}, and (C), and 636(b)(3), the above-captioned action, as it relates to Plaintiffs and Defendant, Franklin Iron & Metal, is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator, for purposes of conducting a mediation. Signed by Judge Walter H. Rice on 12/4/18. (pb)
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Filing 874
MOTION for Summary Judgment by Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit Index, #2 Exhibit A - Edward Grillot Deposition (12-16-2013) Vol. 1, #3 Exhibit B - Edward Grillot Deposition (12/17/2013) Vol. 2, #4 Exhibit C-1 - Dr. B. Tod Delaney Deposition (10/12/2018), #5 Exhibit C-2 - Dr. B. Tod Delaney Report, #6 Exhibit C-3 - Dr. B. Tod Delaney Rebuttal Report, #7 Exhibit C-4 - Dr. B. Tod Delaney Deposition Exhibit No. 12, #8 Exhibit D - Robert Aldredge Deposition, #9 Exhibit E - Richard Fahrenholz Deposition, #10 Exhibit F - Joseph Smart Deposition, #11 Exhibit G - George Morris, Jr. Deposition, #12 Exhibit H - Horace Boesch, Jr. Affidavits, #13 Exhibit I-1 - Dr. Jurgen Exner Deposition, #14 Exhibit I-2 - Dr. Jurgen Exner Expert Report, #15 Exhibit J - Edward Grillot Deposition (4/24/2012), #16 Exhibit K - Edward Grillot Deposition (12/9/2016), #17 Exhibit L - Stephen Quigley Deposition, #18 Exhibit M - Jeffrey Smith Rebuttal Expert Report, #19 Exhibit N - Remy Hennet Deposition, #20 Exhibit O - Dr. Neil Ram Rebuttal Report) (Covi, Kristopher)
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Filing 873
MOTION for Summary Judgment and Memorandum in Support by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Appendix List of Exhibits, #2 Exhibit Stephen Quigley deposition, #3 Exhibit 7-19-18 memorandum from Stephen Quigley, #4 Exhibit Edward Grillot deposition, #5 Exhibit 2-21-06 Response to EPA 104(e), #6 Exhibit Thomas Beal deposition, #7 Exhibit Hazard Ranking System Record, #8 Exhibit Monsanto Research Corp, MONS000001-85, #9 Exhibit Randall White deposition, #10 Exhibit Thomas Ctvrtnicek deposition, #11 Exhibit Waste Handling Procedures, #12 Exhibit Hazardous Waste Policy, #13 Exhibit Waste Disposal Contractors, #14 Exhibit Untitled - EPA Approved Contractors, #15 Exhibit Untitled - flow chart of lab chemical waste disposal sites, #16 Exhibit Disposal of MRC Waste Chemicals, #17 Exhibit Waste Disposal Assessment, #18 Exhibit Untitled - handwritten list of off-site disposal locations, #19 Exhibit Handling Dayton Laboratory Waste Chemicals, #20 Exhibit Dayton Laboratory Waste Disposal History, #21 Exhibit 1991 Environmental Assessment Manual, #22 Exhibit Phase I Environmental Baseline Survey, #23 Exhibit Phase I Environmental Baseline Survey, #24 Exhibit Randall White Affidavit, #25 Exhibit Jurgen Exner Deposition, #26 Exhibit 5-7-92 Letter titled "Chemical Usage / Storage at Dayton Plant, #27 Exhibit Open Burn Permit, #28 Exhibit Alan Wurstner deposition, #29 Exhibit Horace Boesch 2-28-06 deposition, #30 Exhibit Horace Boesch 12-1-11 deposition, #31 Exhibit David Grillot deposition, #32 Exhibit Expert report of Dallas Wait in rebuttal to opinions of Jurgen Exner, #33 Exhibit Horace Boesch 10-23-14 deposition) (Fedder, Jane)
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Filing 872
MOTION for Summary Judgment on Liability for Vapor Intrusion Claims by Defendant Cox Media Group Ohio Inc. (Attachments: #1 Exhibit Exner Deposition Excerpts, #2 Exhibit Exner 2017 Report Excerpts, #3 Exhibit Hagen 2018 Report Exhibits, #4 Exhibit Exner 2018 Report Excerpts, #5 Exhibit Quigley 2018 Report Excerpts, #6 Exhibit Quigley Deposition Excerpts, #7 Exhibit Smith Deposition Excerpts, #8 Exhibit Smith 2018 Report Excerpts, #9 Exhibit White 2017 Report Excerpts, #10 Exhibit White 2018 Report Excerpts, #11 Exhibit White Deposition Excerpts, #12 Exhibit Hagen Deposition Excerpts) (Farolino, Shane)
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Filing 871
MOTION for Partial Summary Judgment On Necessity and Consistency with the National Contingency Plan by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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Filing 870
MOTION for Summary Judgment Regarding SCA Services of Ohio, Inc. by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A - Kristen Gale Declaration, #2 Exhibit B - Patrick Doyle Declaration, #3 Exhibit C - Transaction Agreement, #4 Exhibit D - US DOJ Complaint 1984, #5 Exhibit E - US DOJ Competitive Impact Statement, #6 Exhibit F - Final Judgment Undated, #7 Exhibit G - GSX Bill of Sale, #8 Exhibit H - GRX Bill of Sale, #9 Exhibit I - Assumption and Indemnity Agreement, #10 Exhibit J - Expert Opinion of P. Doyle, #11 Exhibit K - Amendment to Transaction Agreement, #12 Exhibit L - Second Amendment to Transaction Agreement, #13 Exhibit M - Oesterle Dep, #14 Exhibit N - Doyle Dep) (Nijman, Jennifer)
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Filing 869
MOTION for Partial Summary Judgment on Certain Elements of CERCLA by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 868
MOTION for Summary Judgment Regarding Industrial Waste Disposal Co., Inc. by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A - Statement of Facts, #2 Exhibit B - 1980 Letter to DTR re disposal history, #3 Exhibit C - IWD 103c, #4 Exhibit D - IWD1993 Resp to Info Request, #5 Exhibit E - Vencill Dep, #6 Exhibit F - Smart Dep, #7 Exhibit G - Forney Dep, #8 Exhibit H - McDonald Dep, #9 Exhibit I - Analysis SW Alternatives Montgomery Cty, #10 Exhibit J - 2012 SW Mgt Plan Update, #11 Errata K - Rules and Regs Montgomery Cty, #12 Exhibit L - D Grillot Dep, #13 Exhibit M - E Grillot Dep, #14 Exhibit N - Boesch Dep 10-23-14, #15 Exhibit O - Boesch Dep 12-1-11, #16 Exhibit P - Wertz Affidavit, #17 Exhibit Q - Wittenbrink Expert Report, #18 Exhibit R - Wittenbrink Expert Rebuttal, #19 Exhibit S - Exner Dep, #20 Exhibit T.1 - White Expert Report, #21 Exhibit T.2 - White Expert Rebuttal, #22 Exhibit U - Expert Report of Shields, #23 Exhibit V - Shields Expert Rebuttal, #24 Exhibit W - White Dep, #25 Exhibit X.1 - Exner Nexus Expert Report, #26 Exhibit X.2 - Exner VI Expert Report, #27 Exhibit Y - DPL Ledger, #28 Exhibit Z - Shields Dep, #29 Exhibit AA - Mullin Dep, #30 Exhibit BB - Wood Ash Article, #31 Exhibit CC - Declarations) (Nijman, Jennifer)
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Filing 867
Second MOTION for Summary Judgment by Defendant Franklin Iron & Metal Corp. (Attachments: #1 Affidavit Attachment 1: Declaration R. Thumann, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Affidavit Attachment 2: Declaration of S. Kaczmar) (Thumann, Robert)
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Filing 866
MOTION for Summary Judgment by Defendant Sherwin-Williams Company. (Attachments: #1 Memorandum in Support, #2 A: 09/20/17 Remedial Investigation, #3 B: Quigley Dep, #4 C: 07/24/18 Exner Report, #5 D: Scott Thomas Dep, #6 E: 07/19/18 Quigley Memo) (Eddy, Robert)
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Filing 865
MOTION for Summary Judgment by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit Exhibit A Statement of Facts, #2 Exhibit Exhibit B Papp Declaration, #3 Exhibit Exhibit C McDonald Dep, #4 Exhibit Exhibit D Blaylock Sales Agreement, #5 Exhibit Exhibit E Forney Dep, #6 Exhibit Exhibit F Papp Dep, #7 Exhibit Exhibit G Analysis Solid Waste Mgt Montgomery, #8 Exhibit Exhibit H Montgomery Cty 2012 SWM Plan Update, #9 Exhibit Exhibit I Blaylock Business Plan, #10 Exhibit Exhibit J Blaylock 103c Response, #11 Exhibit Exhibit K E. Grillot Dep 2013, #12 Exhibit Exhibit L Wendling Dep 2014, #13 Exhibit Exhibit M Wendling Dep 2012, #14 Exhibit Exhibit N D. Grillot Dep, #15 Exhibit Exhibit O Vencill Dep, #16 Exhibit Exhibit P E. Grillot Dep 2012, #17 Exhibit Exhibit Q Wittenbrink Expert Report, #18 Exhibit Exhibit R Wittenbrink Rebuttal, #19 Exhibit Exhibit S White Dep, #20 Exhibit Exhibit T Rebuttal Report of White, #21 Exhibit Exhibit U Expert Report of Shields, #22 Exhibit Exhibit V Shields Rebuttal, #23 Exhibit Exhibit W Exner Dep, #24 Exhibit Exhibit X Mullin Dep, #25 Exhibit Exhibit Y Shields Dep, #26 Exhibit Exhibit Z Expert Report of White, #27 Exhibit Exhibit AA Declaration) (Nijman, Jennifer)
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Filing 864
MOTION for Summary Judgment by Defendant Valley Asphalt Corporation. (Attachments: #1 Declaration of Robert Hanna, #2 Exhibit A Part 1, #3 Exhibit A Part 2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G Part 1, #10 Exhibit G Part 2, #11 Exhibit G Part 3, #12 Exhibit G Part 4, #13 Exhibit G Part 5, #14 Exhibit H Part 1, #15 Exhibit H Part 2, #16 Exhibit H Part 3, #17 Exhibit H Part 4, #18 Exhibit H Part 5, #19 Exhibit H Part 6, #20 Exhibit H Part 7) (Hanna, Robert)
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Filing 863
NOTICE OF FILING DEPOSITION of Dan Crago by Defendant Valley Asphalt Corporation. (Attachments: #1 Exhibit Deposition Transcript of Dan Crago) (Hanna, Robert)
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Filing 862
Mail Returned as Undeliverable. Mail sent to David Karl Brown. Doc. #857 . E-mail address was added for user and NEF for Mr. Brown was regenerated. (jmb)
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Filing 861
ORDER SETTING DEADLINE TO RESPOND TO JOINT MOTION FOR APPROVAL OF PARTIAL SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC (DOC. #855 ); EXTENDING SUMMARY JUDGMENT DEADLINEFOR BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC- For good cause shown, the Court grants Defendants' request. Defendants shall have the full 21 days to file memoranda in opposition to the Joint Motion for Approval of Partial Settlement Agreement. Said memoranda will therefore be due December 6, 2018. Reply briefs will be due on December 20, 2018. In the event that the Court overrules the Joint Motion for Approval of Partial Settlement Agreement, BATO will be given the opportunity to file a motion for summary judgment, which shall be filed within 14 days of the Court's decision.. Signed by Judge Walter H. Rice on 11/27/18. (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 860
Mail Returned as Undeliverable. Mail sent to David Karl Brown (pb)
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Filing 859
Order Setting Mediation Conference: Mediation Hearing set for 12/6/2018 at 9:30 AM in Courtroom 4 - Dayton before Magistrate Judge Michael J. Newman. (dm)
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Filing 858
MOTION in Limine to Exclude Testimony of Patrick Doyle, Esq. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 857
ORDER - This matter having come before the Court on the Joint Motion for Approval of Settlement Agreement between Plaintiffs and Harris Corporation ("Motion") re #851 , and any response thereto, it is hereby ORDERED THAT:1) The Motion is GRANTED. 2) The Settlement Agreement between Plaintiffs and Harris Corporation, attached to the Motion as Exhibit A, is APPROVED, and the terms and conditions of the Settlement Agreement are hereby incorporated by reference into this Order as if fully restated herein. 3) Subject to the Settlement Agreement, all claims asserted, to be asserted, or which could be asserted against Harris Corporation by the defendants in this case (whether by crossclaim or otherwise) or by any other person or entity (except the United States and the State of Ohio) for matters in connection with the South Dayton Dump and Landfill Site located at 1975 Dryden Road (also known as Springboro Pike) in Moraine, Ohio (the "Site") under Sections 106, 107 or 113 of CERCLA and/or any other federal, state or local statute, regulation, rule, ordinance, law or common law, as the same may be amended or superseded, are hereby barred,permanently enjoined, dismissed with prejudice, satisfied and are otherwise unenforceable in this case or in any other proceeding. 4) The payment of $225,000 by Harris Corporation to Plaintiffs shall be credited protanto, and not pro rata, during any equitable allocation of response costs among liable parties by the Court in this matter pursuant to 42 U.S.C. 9613()(1). The liability of the litigants shall be reduced by the dollar amount of Harris Corporation's settlement payment, and the Court need not determine Harris Corporation's proportionate share of liability. 5) Harris Corporation is dismissed. 6) Pursuant to the authority contained in Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 3 7 5 ( 1994 ), this Court hereby retains jurisdiction and shall retain jurisdiction after entry of final judgment in this case to enforce the terms and conditions of the settlement. Signed by Judge Walter H. Rice on 11/16/18. (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 856
NOTICE of Appearance by Elyse H. Akhbari for Defendant Dayton Power and Light Company (Akhbari, Elyse)
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Filing 855
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Bridgestone Americas Tire Operations, LLC by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A - Fully Executed Settlement Agreement, #2 Exhibit Declaration of Larry Silver, #3 Exhibit Declaration of E. Chase Dressman) (Dyer, James)
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Filing 854
NOTICE by Defendant Dayton Power and Light Company of Withdrawal of Co-Counsel (Gerken, Daniel)
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Filing 853
ORDER REFERRING CASE to Magistrate Judge - The above-captioned action, as it relates to Plaintiffs and Defendant Dayton Power and Light Company, is hereby referred to United States Magistrate Judge Michael J. Newman solely for the purpose of conducting a mediation. The parties request the mediation be scheduled as soon as possible. The appointed Mediator shall have fullauthority to conduct the mediation and shall report to District Judge Walter H. Rice whether or not the mediation resulted in settlement of this case.IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 11/13/18. (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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Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Teleconference held on 11/13/2018. (rp)
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Filing 852
Order of Reference- Pursuant to 28 U.S.C. 636(b)(l){A), (B), and (C), and 636(b)(3), the above-captioned action, as it relates to Plaintiffs and Defendant, Dayton Power and Light Company, is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator. Signed by Judge Walter H. Rice on 11/5/18. (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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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/24/2018. (Court Reporter: Debra Futrell) (tp)
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Filing 851
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Harris Corporation by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A - Fully Executed Settlement Agreement, #2 Exhibit Declaration of Larry Silver, #3 Exhibit Declaration of Bonni Kauffman) (Dyer, James)
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NOTICE OF TELEPHONE CONFERENCE: Telephone Conference set for 10/24/2018 09:30 AM before Judge Walter H. Rice. Plaintiffs and Bridgestone Defendants only need participate. (tp)
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Filing 850
NOTICE of Appearance by Joseph A Gregg for Defendant Conagra Grocery Products Company (Gregg, Joseph)
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NOTICE re 848 Notice of Appearance: CA attempted to contact counsel to refile document under attorney, Joseph A. Gregg's name to add counsel to case. Counsel is to refile Notice of Appearance under correct attorney's name. (kma)
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Filing 849
NOTICE of Appearance by Amy A. Klimek for Defendant Valley Asphalt Corporation (Klimek, Amy)
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Magistrate Judge Michael J. Newman no longer assigned to case. (pb)
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NOTATION ORDER sustaining #846 Motion for Leave to Appear Pro Hac Vice of Erin Carter. Signed by Judge Walter H. Rice on 09/20/2018. (tp)
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Filing 847
NOTICE by Defendant Bridgestone Americas Tire Operations LLC of Withdrawal of Co-Counsel (Dressman, E)
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Filing 846
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6604674) of Erin Carter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Certificate of Good Standing of Erin Carter) (Dyer, James)
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Filing 845
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS' MOTION TO DISMISS DEFENDANT VALLEY ASPHALT CORPORATION'S AMENDED COUNTERCLAIM (DOC. #794 ); SUSTAINING PLAINTIFFS' MOTION TO DISMISS DEFENDANT THE DAYTON POWER & LIGHT COMPANY'S AMENDED COUNTERCLAIM (DOC. #798 ). Signed by Judge Walter H. Rice on 8/20/18. (pb)(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 844
NOTICE of Substitution of Counsel - Joseph R Durham substituting for Suzanne M. Fisher-Edwards as to Defendant Conagra Grocery Products Company. (Durham, Joseph)
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Filing 843
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Kelsey-Hayes Company, NCR Corporation re #840 MOTION for Extension of Time New date requested 8/28/2018. (Dyer, James)
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Filing 842
NOTICE by Defendant Valley Asphalt Corporation of Rebuttal Expert Designation (Hanna, Robert)
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Filing 841
RESPONSE in Opposition re #840 MOTION for Extension of Time New date requested 8/28/2018. filed by Defendant Valley Asphalt Corporation. (Hanna, Robert)
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Filing 840
MOTION for Extension of Time New date requested 8/28/2018. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James) Modified on 8/7/2018 to terminate per chambers (kma).
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Filing 839
MEDIATORS NOTE: This case came before Judge Newman for an all day mediation session on 6/19/2018. Plaintiffs claims with Harris Corporation were settled. Claims against other parties were not settled. The mediator anticipates contacting the other parties who participated in the mediation for further discussions. (dm)
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Filing 838
Corporate Disclosure Statement by Defendants Pharmacia LLC, a Delaware Limited Liability Company, Pfizer Inc., Monsanto Company, Bayer AG identifying Corporate Parent Pfizer Inc., Other Affiliate Bayer AG, Other Affiliate Monsanto Company for Pharmacia LLC, a Delaware Limited Liability Company.. (Fedder, Jane)
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Set/Reset Hearings:( Mediation Hearing set for 6/19/2018 at 09:30 AM in Federal Building 200 W Second St 5th Floor Dayton OH 45402 before Magistrate Judge Michael J. Newman., Mediation Hearing set for 6/20/2018 at 12:00 PM in Federal Building 200 W Second St 5th Floor Dayton OH 45402 before Magistrate Judge Michael J. Newman.) (jmb)
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Filing 837
Order Setting Mediation Conference: Pursuant to the attached Order, this case is referred to the undersigned for mediation. The undersigned sets this case for mediation on June 19, 2018 and June 20, 2018 as between Plaintiffs and Defendants Harris Corporation, Sherwin-Williams Company, and Pharmacia LLC. The mediation will take place at the Federal Building, 200 West Second Street, Room 505, Dayton, Ohio, 45402. (dm)
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Filing 836
NOTICE by Defendant Valley Asphalt Corporation of Expert Designation (Kelly, Melissa)
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Filing 835
NOTICE of Appearance by Daniel John Donnellon for Plaintiffs Kelsey-Hayes Company, NCR Corporation (Donnellon, Daniel)
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Filing 834
NOTICE: DATE AND TIME CHANGE FOR TELEPHONE CONFERENCE: The phone conference previously scheduled for May 11, 2018 is CANCELLED AND RESCHEDULED. The phone Conference is reset for 5/14/2018 at 10:15 AM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)
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Filing 833
NOTICE of Appearance by Robert J Hanna for Defendant Valley Asphalt Corporation (Hanna, Robert)
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Filing 832
NOTICE: Telephone Conference set for 5/11/2018 at 10:15 AM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm)(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 831
ORDER REFERRING CASE - The above-captioned action, as it relates to Plaintiffs and Defendants, Pharmacia, LLC and Harris Corporation, is hereby referred to United States Magistrate Judge Michael J. Newman solely for the purpose of conducting a mediation. The appointed Mediator shall have full authority to conduct the mediation and shall report to District Judge Walter H. Rice whether or not the mediation resulted in settlement of this case. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 5/2/18. (pb)(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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NOTATION ORDER sustaining #830 Motion to Designate Jennifer T. Nijman as Trial Attorney for Waste Management of Ohio, Inc.. Signed by Judge Walter H. Rice on 05/02/2018. (tp)
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Filing 830
MOTION Designate New Trial Attorney by Cross Defendant Waste Management of Ohio, Inc.. (Dortch, Michael)
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Filing 829
ORDER OF REFERENCE - Pursuant to 28 U.S.C. 636(b)(l)(A), (B), and (C), and 636(b)(3), the above-captioned action, as it relates to Plaintiffs and Defendants, Pharmacia, LLC and Harris Corporation, is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator.. Signed by Judge Walter H. Rice on 4/30/18. (kma)
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Filing 828
ORDER GRANTING NOTICE OF SUBSTITUTION AND WITHDRAWAL OF COUNSEL- This matter, having come before the Court on the Notice of Substitution and Withdrawal of Counsel and the Court having examined the Notice, and being duly advised,now GRANTS said Substitution and Withdrawal. IT IS THEREFORE ORDERED that Stephen N. Haughey and Thaddeus H. Driscoll are designated as co-counsel for Defendant Pharmacia LLC in the above-referenced lawsuit. Jane E. Fedder will continue to serve as trial counsel for Pharmacia LLC. Signed by Judge Walter H. Rice on 3/28/18. (kma)
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Filing 827
NOTICE of Substitution of Counsel - Jane E Fedder substituting for James Bax as to Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 826
NUNC PRO TUNC ORDER GRANTING #825 MOTION TO AMEND ORDER DESIGNATING KRISTOPHER J. COVI AS TRIAL ATTORNEY FOR DEFENDANT CONAGRA GROCERY PRODUCTS COMPANY, LLC. Signed by Judge Walter H. Rice on 3/21/18. (kma)
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Filing 825
MOTION to Amend/Correct Order Designating Kristopher J. Covi as Trial Attorney in Docket #823 Nunc Pro Tunc by Defendant Conagra Grocery Products Company. (Attachments: #1 Text of Proposed Order Nunc Pro Tunc Order) (Fisher-Edwards, Suzanne)
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Filing 824
Mail Returned as Undeliverable re #823 . Mail sent to David Karl Brown. (kma)
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Filing 823
ORDER GRANTING MOTION TO DESIGNATE KRISTOPHER J. KOVI AS TRIAL ATTORNEY FOR DEFENDANT CONAGRA GROCERY PRODUCTS COMPANY, LLC: This matter, having come before the Court on a Motion to Designate Kristopher J. Kovi as Trial Attorney for Defendant ConAgra Grocery Products Company, LLC (the "Motion"), andthe Court having examined the Motion, and being duly advised, now GRANTS said Motion. IT IS THEREFORE ORDERED that Kristopher J. Kovi is designated as trial attorney for Defendant ConAgra Grocery Products Company, LLC in the above-referenced lawsuit. Suzanne Fisher-Edwards will continue to serve as co-counsel for ConAgra Grocery Products Company, LLC. Signed by Judge Walter H. Rice on 2/20/18. (kma)
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Filing 822
MOTION to Appoint Counsel Designating Kristopher J. Kovi as Trial Attorney by Defendant Conagra Grocery Products Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Fisher-Edwards, Suzanne)
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Filing 821
NOTICE by Cross Defendant Conagra Grocery Products Company Of Withdrawal of Co-Counsel (Fisher-Edwards, Suzanne)
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Filing 820
ORDER granting #819 Motion for Leave to Appear Pro Hac Vice of Kristopher J. Covi. Signed by Judge Walter H. Rice on 2/2/18. (kma)
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Filing 819
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6300524) of Kristopher J. Covi by Cross Defendant Conagra Grocery Products Company. (Attachments: #1 Exhibit Certificate-State of Iowa, #2 Exhibit Certificate-State of Nebraska, #3 Text of Proposed Order Proposed Order) (Fisher-Edwards, Suzanne)
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Filing 818
DECISION AND ENTRY OVERRULING AS MOOT PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AGAINST DEFENDANT THE SHERWIN-WILLIAMS COMPANY (DOC. #740 )- As discussed during the conference call held on December 20, 2017, the parties have reached an agreement concerning the discovery dispute betweenPlaintiffs and Defendant Sherwin-Williams.. Signed by Judge Walter H. Rice on 12/20/17. (kma)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/20/2017. (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/13/2017, (Telephone Status Conference, in follow up to 12/13/2017 telephone conference, set for 12/20/2017 09:00 AM before Judge Walter H. Rice.). The Court will initiate the call. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (Court Reporter: Debra Futrell) (tp)
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Filing 817
THIRD AMENDED OMNIBUS SCHEDULING ORDER: re #778 Defendant Primary Expert due by 5/18/2018. Plaintiff and Defendant Rebuttal Expert due by 7/24/2018. All expert witness discovery to be completed by October 23, 2018. Motions for Summary Judgment (based on fact witnesses and expert witnesses) due by 12/4/2018. All other pretrial motions, i.e. motions in limine, motions for a view, etc. due by 2/19/2019. Joint Final Pretrial Order due by 2/26/2019. Plaintiffs file trial exhibits by February 19, 2019. Defendant Exhibit Submission for Trial or Hearing due by 3/1/2019. Final Pretrial Conference set for 3/5/2019 04:00 PM in Teleconference before Judge Walter H. Rice. Jury Trial set for 3/19/2019 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice.. Signed by Judge Walter H. Rice on 12/11/17. (kma)
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Set Deadlines/Hearings: Status Conference set for 12/13/2017 10:15 AM before Judge Walter H. Rice regarding Plaintiffs' Motion to Compel Production of Documents Against Defendant The Sherwin-Williams Company, Doc. #740. INTERESTED PARTIES ONLY: Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 081413. (tp)
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Filing 816
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART CERTAIN DEFENDANTS' JOINT MOTION TO STAY ADJUDICATION OF CLAIMS ASSOCIATED WITH THE 2016 ADMINISTRATIVE SETTLEMENT AND ORDER ON CONSENT (DOC. #780 . Signed by Judge Walter H. Rice on 12/11/17. (pb)
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Filing 815
REPLY to Response to Motion re #798 MOTION to Dismiss Motion and Memorandum in Support of Motion To Dismiss Defendant The Dayton Power and Light Company's Amended Counterclaim filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 814
DECISION AND ENTRY OVERRULING THE FOLLOWING WITHOUT PREJUDICE TO REFILING AFTER EXPERT DISCOVERY IS COMPLETED: HARRIS CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #677 ); DEFENDANT COX MEDIA GROUP OHIO, INC.'S, MOTION FOR SUMMARY JUDGMENT (DOC. #679 ); WASTE MANAGEMENT OF OHIO, INC. 'S, MOTION FOR SUMMARY JUDGMENT ON BEHALF OF BLAYLOCK TRUCKING COMPANY, INC. (DOC. #686 ); DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S MOTION FOR SUMMARY JUDGMENT (DOC. #687 ); AND DEFENDANT FRANKLIN IRON AND METAL CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #698 ) DECISION AND ENTRY SUSTAINING THE FOLLOWING: DEFENDANT DAYTON INDUSTRIAL DRUM, INC. 'S, MOTION FOR SUMMARY JUDGMENT (DOC. #690 ); DEFENDANT COCA-COLA REFRESHMENTS USA, INC. 'S, AMENDED MOTION FOR SUMMARY JUDGMENT (DOC. #695 ); AND FLOWSERVE CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #696 ); DISMISSING ALL CLAIMS AND CROSS-CLAIMS AGAINST THESE DEFENDANTS WITH PREJUDICE. Signed by Judge Walter H. Rice on 11/29/17. (pb)
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Filing 813
STATUS REPORT Executive Committee Report by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A) (Dyer, James)
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Filing 812
DECISION AND ENTRY OVERRULING AS MOOT PLAINTIFFS' MOTION TO SUPPLEMENT DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S SUMMARY JUDGMENT RECORD (DOC. #802 )- Plaintiffs filed a Motion to Supplement Defendant The Sherwin-WilliamsCompany's Summary Judgment Record, Doc. #802, by including Sherwin- Williams' Answers and Supplemental Answers to Plaintiffs' Interrogatories No. 5 and No. 6. As Sherwin-Williams notes, however, these Answers were identified and marked as exhibits at Scott Thomas's deposition and were filed with the Court as Doc. #678, PagelD#11017-18. Accordingly, Plaintiffs' Motion to Supplement The Sherwin-Williams Company's Summary Judgment Record, Doc. #802 , is OVERRULED AS MOOT.Signed by Judge Walter H. Rice on 11/27/17. (kma)
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Filing 811
RESPONSE in Opposition re #798 MOTION to Dismiss Motion and Memorandum in Support of Motion To Dismiss Defendant The Dayton Power and Light Company's Amended Counterclaim filed by Defendant Dayton Power and Light Company. (Campbell, Drew)
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NOTATION ORDER sustaining #810 Joint Motion of Defendant The Dayton Power & Light Company, Inc. Resetting the Briefing Schedule in Connection with Plaintiffs' Motion to Dismiss it Amended Counterclaim. Signed by Judge Walter H. Rice on 11/20/2017. (tp)
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Filing 810
Joint MOTION to Continue BRIEFING SCHEDULE IN CONNECTION WITH PLAINTIFFS' MOTION TO DISMISS ITS AMENDED COUNTERCLAIM by Defendant Dayton Power and Light Company. (Campbell, Drew)
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Filing 809
REPLY to Response to Motion re #794 MOTION to Dismiss Defendant Valley Asphalt Corporation's Amended Counterclaim filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Set/Reset Deadlines as to #798 MOTION to Dismiss Motion and Memorandum in Support of Motion To Dismiss Defendant The Dayton Power and Light Company's Amended Counterclaim. Responses due by 11/16/2017 (kma)
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Filing 808
ORDER - Upon consideration of Agreed Motion of Defendant The Dayton Power & Light Company, Inc. for 7-Day Extension of Time to Respond to Plaintiffs ' Motion to Dismiss Its Amended Counterclaim, #806 it is hereby ORDERED that said Motion is GRANTED. Signed by Judge Walter H. Rice on 11/9/17. (pb)
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Filing 807
RESPONSE in Opposition re #802 MOTION re #687 MOTION for Summary Judgment Plaintiff's Motion to Supplement Defendant The Sherwin-Williams Company's Summary Judgment Record filed by Defendant Sherwin-Williams Company. (Eddy, Robert)
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NOTATION ORDER sustaining #806 Agreed Motion for 7-Day Extension of Time to Respond to Plaintiffs' Motion to Dismiss its Amended Counterclaim by Defendant Dayton Power and Light Company. New date requested 11/16/2017. Signed by Judge Walter H. Rice on 11/09/2017. (tp)
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Filing 806
MOTION for Extension of Time New date requested 11/16/2017. Agreed Motion for 7-Day Extension of Time to Respond to Plaintiffs' Motion to Dismiss its Amended Counterclaim by Defendant Dayton Power and Light Company. (Attachments: #1 Text of Proposed Order) (Merrill, Frank)
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Filing 805
CLAIM Answer and Defenses to Amended Cross-Claims of Dayton Power & Light by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 804
RESPONSE in Opposition re #794 MOTION to Dismiss Defendant Valley Asphalt Corporation's Amended Counterclaim filed by Counter Claimants Valley Asphalt Corporation, Valley Asphalt Corporation, Cross Defendants Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Counter Defendant Valley Asphalt Corporation, Defendant Valley Asphalt Corporation. (Koncelik, Joseph)
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Filing 803
ANSWER to #788 Amended CROSSCLAIM and COUNTERCLAIM by Cross Defendant Flowserve Corporation. (Haughey, Stephen) Modified on 10/26/2017 (pb).
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Filing 802
MOTION re #687 MOTION for Summary Judgment Plaintiff's Motion to Supplement Defendant The Sherwin-Williams Company's Summary Judgment Record by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dyer, James)
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Filing 801
REPLY to Response to Motion re #780 Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent filed by Defendant Dayton Power and Light Company. (Merrill, Frank)
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Filing 800
CLAIM (Answer to Defendant Dayton Power & Light Company's Amended Counterclaim and Crossclaim) by Defendant Harris Corporation. (Sherwood, Robert)
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Filing 799
ANSWER to #788 Amended CROSSCLAIM and COUNTERCLAIM by Franklin Iron & Metal Corp. (sct)
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Filing 798
MOTION to Dismiss Motion and Memorandum in Support of Motion To Dismiss Defendant The Dayton Power and Light Company's Amended Counterclaim by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Appendix 4) (Dyer, James)
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Filing 797
CLAIM Answer to Amended Counterclaim and Crossclaim of Dayton Power and Light by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Fedder, Jane)
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Filing 796
CLAIM (Answer and Affirmative Defenses to Amended Cross-Claim of Dayton Power and Light Company) by Defendant Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 795
CLAIM Answer to Defendant The Dayton Power and Light Company's Amended Crossclaim by Defendant Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 794
MOTION to Dismiss Defendant Valley Asphalt Corporation's Amended Counterclaim by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 793
CLAIM Answer to the Amended Cross-Claim of Dayton Power and Light Company by Defendant Conagra Grocery Products Company. (Andreasen, John)
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Filing 792
CLAIM Answer of Defendant Bridgestone Americas Tire Operations LLC to Dayton Power and Light Company's Amended Crossclaim by Defendant Bridgestone Americas Tire Operations LLC. (Wick, William)
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Filing 791
CLAIM Answer to Amended Counterclaim and Cross-Claim by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
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Filing 790
CLAIM Answer to Amended Cross-Claim of Dayton Power & Light Company by Counter Claimants Valley Asphalt Corporation, Valley Asphalt Corporation, Cross Defendants Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Counter Defendant Valley Asphalt Corporation, Defendant Valley Asphalt Corporation. (Koncelik, Joseph)
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Filing 789
RESPONSE in Opposition re #780 Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Set/Reset Hearings: Telephone Status Conference set for 10/10/2017 04:45 PM before Judge Walter H. Rice. Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 081413. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (This phone conference was set with the parties at the 9/5/2017 telephone conference.) (tp)
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Filing 788
Amended COUNTERCLAIM against All Plaintiffs, Amended CROSSCLAIM against All Defendants, filed by Dayton Power and Light Company. (Campbell, Drew)
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Filing 787
AMENDED DOCUMENT by Counter Claimants Valley Asphalt Corporation, Valley Asphalt Corporation, Cross Defendants Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Counter Defendant Valley Asphalt Corporation, Defendant Valley Asphalt Corporation. Amended Counterclaim. (Koncelik, Joseph)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/5/2017. The parties are to report to the Court within 3 weeks. (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/3/2017, (Telephone Conference set for 10/5/2017 09:45 AM before Judge Walter H. Rice on Plaintiffs' Motion to Compel Production of Documents Against Defendant The Sherwin-Williams Company, Doc. #740.). INTERESTED PARTIES ONLY: Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 081413. (Court Reporter: Debra Futrell) (tp)
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NOTATION ORDER sustaining #782 Defendant Valley Asphalt Corporation's Motion for Leave to File Amended Counterclaim. Signed by Judge Walter H. Rice on 10/02/2017. (tp)
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NOTATION ORDER sustaining #786 Motion for Leave to File Amended Counterclaim by Defendant Dayton Power and Light Company. Signed by Judge Walter H. Rice on 09/29/2017, nunc pro tunc 9/28/2017. (tp)
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NOTATION ORDER sustaining #784 Motion to Join Certain Defendants' Motion to Stay Adjudication of Claims Associated With the 2016 Administrative Settlement and Order on Consent re #780 Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent by Defendant Dayton Industrial Drum, Inc.; sustaining #785 Motion to Join Certain Defendants' Motion to Stay Adjudication of Claims Associated with the 2016 Administrative Settlement and Order on Consent re #781 Notice (Other), #780 Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent by Defendant Conagra Grocery Products Company. Signed by Judge Walter H. Rice on 09/29/2017. (tp)
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Filing 786
MOTION for Leave to File Amended Counterclaim by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit A - DP&L Amended Counterclaim) (Campbell, Drew)
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Filing 785
MOTION Motion to Join Certain Defendants' Motion to Stay Adjudication of Claims Associated with the 2016 Administrative Settlement and Order on Consent re #781 Notice (Other), #780 Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent by Defendant Conagra Grocery Products Company. (Andreasen, John)
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Filing 784
MOTION Motion to Join Certain Defendants' Motion to Stay Adjudication of Claims Associated With the 2016 Administrative Settlement and Order on Consent re #780 Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent by Defendant Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 783
ORDER SETTING ORAL ARGUMENT ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AGAINST DEFENDANT THE SHERWIN-WILLIAMS COMPANY (DOC. #740 ) - On October 3, 2017, at 11 :00 a.m., the Court will hold a 20-minute telephonic oral argument on Plaintiffs' Motion to Compel Production of DocumentsAgainst Defendant The Sherwin-Williams Company, Doc. #740. Counsel should be prepared to address the discoverability of the chemical composition of Sherwin-Williams' paints, and the burdensomeness of Plaintiffs' request.. Signed by Judge Walter H. Rice on 9/26/17. (kma)
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NOTICE WITH CALL-IN INFORMATION re #783 for the 10/3/2017 11:00 AM 20-minute telephonic oral argument on Plaintiffs' Motion to Compel Production of Documents Against Defendant The Sherwin-Williams Company, Doc. #740: INTERESTED PARTIES ONLY: Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 081413. (tp)
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Filing 782
MOTION for Leave to File Amended Counterclaim and Memorandum in Support by Counter Claimants Valley Asphalt Corporation, Valley Asphalt Corporation, Cross Defendants Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Counter Defendant Valley Asphalt Corporation, Defendant Valley Asphalt Corporation. (Koncelik, Joseph)
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Filing 781
Memorandum in Support of #780 by Defendant Dayton Power and Light Company of Memorandum in Support of Joint Motion to Stay Adjudication of Claims Associated With the 2016 Administrative Settlement and Order on Consent (Merrill, Frank) Modified on 9/25/2017 to reference motion memorandum is connected with (kma).
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Filing 780
Joint MOTION to Stay Adjudication of Claims Associated with 2016 Administrative Settlement and Order on Consent by Defendant Dayton Power and Light Company. (Merrill, Frank)
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Filing 779
Mail Returned as Undeliverable re #774 . Mail sent to David Karl Brown (kma)
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Filing 778
SECOND AMENDED OMNIBUS SCHEDULING ORDER: ( Defendant Primary Expert due by 1/19/2018., Defendant Rebuttal Expert due by 3/20/2018., Proposed Final Pretrial Order due by 10/23/2018., Exhibit Submission for Trial or Hearing due by 10/16/2018.), SCHEDULING ORDER: Discovery due by 1/19/2018. Final Pretrial Conference set for 10/30/2018 04:00 PM by Teleconference before Judge Walter H. Rice. Jury Trial set for 11/13/2018 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice.. Signed by Judge Walter H. Rice on 9/6/17. (pb)
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Filing 777
Mail Returned as Undeliverable re Notation Order sustaining #759 and #769 . Mail sent to David Karl Brown at address listed on docket. (Attachments: #1 Return Mail) (kma)
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Filing 776
REPLY to Response to Motion re #740 MOTION to Compel Production of Documents Against Defendant Sherwin-Williams Company and #767 Sherwin-William's Opposition filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dyer, James)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/5/2017, (Telephone Status Conference set for 10/10/2017 04:45 PM before Judge Walter H. Rice.). Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 081413. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (Court Reporter: Debra Futrell) (tp)
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NOTATION ORDER sustaining #742 Joint Motion of all Defendants to Modify the Omnibus Scheduling Order. Signed by Judge Walter H. Rice on 09/05/2017. (tp)
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Filing 775
Mail Returned as Undeliverable. Mail sent to David Karl Brown re #762 . (kma)
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Filing 774
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS' MOTION TO DISMISS COUNTERCLAIMS TO FIFTH AMENDED COMPLAINT (DOC. #473 ); SUSTAININGPLAINTIFFS' MOTION TO DISMISS FLOWSERVE'S PROTECTIVE AND CONTINGENT COUNTERCLAIM TO PLAINTIFFS' FIFTH AMENDED COMPLAINT (DOC. #535 )- For the reasons set forth above, the Court SUSTAINS Plaintiffs' Motion to Dismiss Flowserve's Protective and Contingent Counterclaim to Plaintiffs' FifthAmended Complaint. Doc. #535 . The Court SUSTAINS IN PART and OVERRULES IN PART Plaintiffs' Motion to Dismiss Counterclaims to Plaintiffs' Fifth Amended Complaint. Doc. #473 . To the extent that Defendants seek contribution from Plaintiffs for the cost of identifying other PRPs, the Court will allow the counterclaims to proceed. However, to the extent that Defendants seek contribution from Plaintiffs for any future response costs for which Defendants may be held liable, the Court finds that the counterclaims are premature and must be dismissed without prejudice to refiling in a subsequent lawsuit.To the extent that DP&L and Valley Asphalt seek to recover response costsincurred as a result of releases or threatened releases from the Site onto their own properties, the Court finds that these Defendants' factual allegations are insufficient to state a claim upon which relief can be granted. Nevertheless, DP&L and Valley Asphalt may seek leave to amend the counterclaims within 30 days of the date of this Decision and Entry.Signed by Judge Walter H. Rice on 8/29/17. (kma)
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Filing 773
Supplemental Memorandum Supporting re #686 MOTION for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. and Memorandum in Support of Its Motion for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. SUR-SURREPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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NOTATION ORDER sustaining #772 Unopposed Motion for Leave to File Sur-Surreply by Defendant Waste Management of Ohio, Inc. Signed by Judge Walter H. Rice on 08/28/2017. (tp)
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Filing 772
Unopposed MOTION for Leave to File Sur-Surreply by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A) (Nijman, Jennifer)
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Filing 771
DEFENDANT COCA-COLA REFRESHMENTS USA, INC. 'S SUR-SUR REPLY BRIEF IN SUPPORT OF ITS AMENDED MOTION FOR SUMMARY JUDGMENT re #695 Amended MOTION for Summary Judgment filed by Defendant Coca-Cola Refreshments USA, Inc.. (pb)
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Filing 770
ORDER - ORDERED THAT: 1. Coca-Cola Refreshments USA, Inc:s Motion is GRANTED. #768 2. Coca-Cola Refreshments USA, Inc.'s Sur-Surreply Brief In Suppo1t of Its Amended Motion for Summary Judgment, which is Exhibit "A" to its Motion, is deemed filed this date. Signed by Judge Walter H. Rice on 8/24/17. (pb)
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Filing 769
DECISION AND ENTRY SETTING FORTH RULINGS FOLLOWING IN CAMERA REVIEW OF VARIOUS DISCOVERY DOCUMENTS- Having reviewed Kelsey-Hayes' response to the interrogatory, the Court finds no reason why the information sought by DP&L should not be provided. It is relevant to the equitable allocation of response costs, and is not protected by the attorney-client privilege, the work product doctrine or any other applicable privilege. Accordingly, Kelsey-Hayes shall serve its Response to Interrogatory on DP&L. Signed by Judge Walter H. Rice on 8/24/17. (kma)
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Filing 768
Unopposed MOTION for Leave to File Sur-Surreply Brief Supporting Its Amended Motion for Summary Judgment by Defendant Coca-Cola Refreshments USA, Inc.. (Attachments: #1 Exhibit A (Sur-Surreply Brief), #2 Exhibit B (Proposed Order)) (Knowlton, Leah)
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Filing 767
RESPONSE to Motion re #740 MOTION to Compel Production of Documents Against Defendant Sherwin-Williams Company filed by Defendant Sherwin-Williams Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G) (Eddy, Robert)
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Filing 766
Supplemental Memorandum Opposing re #686 MOTION for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. and Memorandum in Support of Its Motion for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 765
Supplemental Memorandum Opposing re #695 Amended MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 764
Reply re #696 MOTION for Summary Judgment , #743 Objection (non motion), #727 Response in Opposition to Motion, #760 Response (non motion), Reply Memorandum in Support of its Rule 56(c)(2) Objection to Ex 17 to Plaintiff Response in Opposition to Flowserve Motion for Summary Judgment by Defendant Flowserve Corporation. (Haughey, Stephen)
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NOTATION ORDER sustaining #759 Motion for Leave to File to File Surreply; sustaining #761 Motion for Leave to File Surreply. Signed by Judge Walter H. Rice on 08/21/2017. (tp)
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Filing 763
RESPONSE to Motion re #742 Joint MOTION to Amend/Correct Omnibus Scheduling Order filed by Cross Defendants Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Dayton Power and Light Company, Third Party Plaintiffs Dayton Power and Light Company, Dayton Power and Light Company, Cross Claimant Dayton Power and Light Company, Counter Claimants Dayton Power and Light Company, Dayton Power and Light Company, Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit Exhibits A - E) (Campbell, Drew)
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Filing 762
ORDER TO PRODUCE DOCUMENTS - It is hereby ORDERED that Defendant Coca-Cola Refreshments USA, Inc. produce documents CCR- 000500-507 and CCR- 000478, as well as the excerpt from the March 3, 2017 Deposition of Bruce Karas (pp. 54-61 ), all without confidential designation, to all parties byAugust 25, 2017. This Order addresses only the documents specified herein, and CCR"s production of these materials is made without prejudice to its designation of other materials as confidential pursuant to the Agreed Protective Order entered in this case. Signed by Judge Walter H. Rice on 8/18/17. (kma)
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Filing 761
MOTION for Leave to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 760
Response re #743 Objection (non motion) Brief in Opposition to Flowserve Corporation's Rule 56(c)(2) Objection to Exhibit 17 to Plaintiff's Response in Opposition to Flowserve's Motion for Summary Judgment by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit CV of Dr. Exner) (Dyer, James)
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Filing 759
MOTION for Leave to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 758
NOTICE of Appearance by Toby K Henderson for Plaintiffs Kelsey-Hayes Company, NCR Corporation (Henderson, Toby)
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NOTICE: The telephone conference set for 8/18/2017 at 4:45 PM is canceled. (tp)
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NOTATION ORDER sustaining #756 Motion for Extension of Time. Signed by Judge Walter H. Rice on 08/18/2017. (tp)
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Filing 757
NOTICE OF FILING DEPOSITION of Marshall Patterson by Defendant Sherwin-Williams Company. (Attachments: #1 Deposition of Marshall Patterson taken December 16, 2016) (Eddy, Robert)
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Filing 756
Unopposed MOTION for Extension of Time New date requested 8/21/2017. by Defendant Sherwin-Williams Company. (Eddy, Robert)
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Filing 755
REPLY to Response to Motion re #661 Joint MOTION to Amend/Correct #638 Order,,,,,,, Set Deadlines/Hearings,,,,,,, Set Scheduling Order Deadlines,,,,,, Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation and Defendants Harris Corporation and Flowserve Corporation filed by Defendant Flowserve Corporation. (Haughey, Stephen)
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Filing 754
REPLY to Response to Motion re #742 Joint MOTION to Amend/Correct Omnibus Scheduling Order filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Nijman, Jennifer)
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Filing 753
RESPONSE in Opposition re #742 Joint MOTION to Amend/Correct Omnibus Scheduling Order filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 752
REPLY to Response to Motion re #679 MOTION for Summary Judgment filed by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
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Notice of Correction re: Counsel filed #751 'REPLY to Response to Motion re[ 326] MOTION for Summary Judgment corrected' as the corrected version to document 746 'Supplemental Memorandum Supporting re #326 MOTION for Summary Judgment.' Counsel has been notified of the issue. (kma)
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Filing 751
REPLY to Response to Motion re #326 MOTION for Summary Judgment corrected filed by Defendant Franklin Iron & Metal Corp. (Thumann, Robert)
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Filing 750
REPLY to Response to Motion re #695 Amended MOTION for Summary Judgment filed by Defendant Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 749
BRIEF re #687 MOTION for Summary Judgment by Defendant Sherwin-Williams Company. (Eddy, Robert)
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Filing 748
REPLY to Response to Motion re #696 MOTION for Summary Judgment as to Plaintiffs and Cross-Claimants filed by Defendant Flowserve Corporation. (Haughey, Stephen)
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Filing 747
REPLY to Response to Motion re #690 MOTION for Summary Judgment Reply Memorandum in Support of Defendant Dayton Industrial Drum, Inc.'s Motion for Summary Judgment filed by Defendant Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 745
REPLY to Response to Motion re #677 MOTION for Summary Judgment filed by Defendant Harris Corporation. (Sherwood, Robert)
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Filing 744
REPLY to Response to Motion re #686 MOTION for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. and Memorandum in Support of Its Motion for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. filed by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
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Filing 743
Objection re #727 Response in Opposition to Motion, Objection to Exhibit 17 Page 20049-20061 by Defendant Flowserve Corporation. (Attachments: #1 Memorandum in Support) (Haughey, Stephen)
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NOTICE OF CANCELATION: The telephone conference call scheduled for 2:45 PM today (8/9/2017) has been canceled and will be rescheduled. (tp)
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Filing 742
Joint MOTION to Amend/Correct Omnibus Scheduling Order by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
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Filing 741
NOTICE of Appearance by Melissa Z. Kelly for Counter Claimants Valley Asphalt Corporation, Valley Asphalt Corporation, Cross Defendants Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Counter Defendant Valley Asphalt Corporation, Defendant Valley Asphalt Corporation (Kelly, Melissa)
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Filing 740
MOTION to Compel Production of Documents Against Defendant Sherwin-Williams Company by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Dyer, James)
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Filing 739
NOTICE by Plaintiffs Kelsey-Hayes Company, NCR Corporation re #729 Deposition, #730 Deposition, #731 Deposition, #716 Deposition of Supplemental Filing of Deposition Transcripts Signatures and Errata Sheets (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Dyer, James)
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Filing 738
ORDER granting #737 Motion - All claims and crossclaims against Van Dyne-Crotty Co. in this matter, and Van Dyne-Crotty Co.'s counterclaims and crossclaims against all parties in this matter, are dismissed with prejudice, and Van Dyne-Crotty Co. is dismissed from this action. Signed by Judge Walter H. Rice on 8/1/17. (pb)
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Filing 737
Joint MOTION to Drop Defendant Van Dyne-Crotty Co. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 736
Mail Returned as Undeliverable. Mail sent to David Karl Brown re #701 . (kma)
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Filing 735
NOTICE of Appearance by E Chase Dressman for Defendants Bridgestone Americas Tire Operations LLC, Bridgestone Firestone Inc (Dressman, E)
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Filing 734
NOTICE OF FILING DEPOSITION of P. Richard Hartle, George E. Morris, Jr., Jerry Baker and Henry Jordan by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 733
RESPONSE in Opposition re #679 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) (Dyer, James)
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Filing 732
DEPOSITION of Henry Jordan taken on 09/17/2013 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 731
DEPOSITION of Jerry Baker taken on 05/04/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 730
DEPOSITION of George E. Morris, Jr. taken on 05/05/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 729
DEPOSITION of P. Richard Hartle taken on 05/05/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 728
NOTICE of Substitution of Counsel - Stephen W Funk substituting for John Heer as to Defendant Cox Media Group Ohio Inc. (Funk, Stephen)
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NOTATION ORDER sustaining #723 Plaintiffs' and Cox Media Group Ohio, Inc.'s Unopposed Motion for One Day Extension of Time to File Response Brief and One Day Extension of Time to File Reply Brief; sustaining #725 Plaintiffs' Motion to File Document Under Seal Certain Documents Relating to Their Brief In Opposition to the Motion of Defendant Coca-Cola Refreshments USA, Inc.'s Amended Motion for Summary Judgment. Signed by Judge Walter H. Rice on 07/27/2017. (tp)
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NOTATION ORDER sustaining #719 Motion to File Document Under Seal Number 704. Signed by Judge Walter H. Rice on 07/27/2017. (tp)
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Filing 727
RESPONSE in Opposition re #696 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Dyer, James)
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Filing 726
Response re #698 Supplemental - Supporting to the Supplemental Memorandum of Defendant Franklin Iron and Metal Corporation in Support of its Motion for Summary Judgment by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Dyer, James)
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Filing 725
MOTION to File Document Under Seal Certain Documents Relating to Their Brief in Opposition to the Motion to Defendant Coca-Cola Refreshments USA, Inc.'s Amended Motion for Summary Judgment by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 724
NOTICE OF FILING DEPOSITION of David Grillot, Gregory Edsall, Horace Boesch, Jr., James Forney, James McDonald, James Tharpe, Joseph Pizzino, Robert Roberts, Thomas Spence, Vernon Vencill and William Dybvad by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 723
Joint MOTION for Extension of Time to File Response/Reply as to #679 MOTION for Summary Judgment New date requested 7/27/2017. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 722
RESPONSE in Opposition re #690 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dyer, James)
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Filing 721
RESPONSE in Opposition re #695 Amended MOTION for Summary Judgment (Redacted) filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13) (Dyer, James)
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Filing 720
RESPONSE in Opposition re #686 MOTION for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. and Memorandum in Support of Its Motion for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Dyer, James)
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Filing 719
MOTION to File Document Under Seal Document Number 704 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 718
RESPONSE in Opposition re #677 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Dyer, James)
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Filing 717
DEPOSITION of William Dybvad taken on 02/17/2015 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 716
DEPOSITION of Vernon Vencill taken on 04/14/2015 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 715
DEPOSITION of Thomas Spence taken on 05/29/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 714
DEPOSITION of Robert Roberts taken on 12/06/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 713
DEPOSITION of Joseph Pizzino taken on 05/29/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 712
DEPOSITION of James Tharpe taken on 01/17/2012 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 711
DEPOSITION of James McDonald taken on 11/12/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 710
DEPOSITION of James Forney taken on 03/28/2017 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 709
DEPOSITION of Horace Boesch taken on 12/02/2011 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 708
DEPOSITION of Horace Boesch taken on 10/23/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 707
DEPOSITION of Horace Boesch taken on 02/28/2006 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 706
DEPOSITION of Gregory Edsall taken on 01/06/2017 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 705
DEPOSITION of David Grillot taken on 05/28/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 703
RESPONSE in Opposition re #687 MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Dyer, James)
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Filing 702
Unopposed MOTION for Extension of Time to File Response/Reply as to #672 MOTION for Summary Judgment New date requested 8/9/2017. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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NOTATION ORDER sustaining #702 Plaintiffs' Unopposed Motion for Two Week Extension of Time to File Response Brief. Signed by Judge Walter H. Rice on 07/18/2017. (tp)
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Filing 701
DECISION AND ENTRY MEMORIALIZING JULY 6, 2017, CONFERENCE CALL; SUSTAINING DEFENDANT PHARMACIA'S MOTION TO COMPEL RESPONSES TO ITS CONTENTIONINTERROGATORIES (DOC. #647 ) ; OVERRULING AS MOOT DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION FOR BRIEF EXTENSION OF FACT DISCOVERY AS TO PLAINTIFFS NCRCORP. AND KELSEY-HAYES CO. ONLY (DOC. #650 ); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION TO COMPEL DEPOSITION TESTIMONY FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO.'S FED. R. CIV. P. 30(b)(6) WITNESSES OR, ALTERNATIVELY, FROM THEIR COUNSEL, LARRY SILVER (DOC. #651 ); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT WASTE MANAGEMENT OF OHIO'S MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO. (DOC. #652 ); SUSTAINING PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AGAINST DEFENDANT PHARMACIA LLC (DOC. #654 ). Signed by Judge Walter H. Rice on 7/13/17. (kma)
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Filing 700
NOTICE of Substitution of Counsel - Sommer Lynn Sheely substituting for Pramila A. Kamath as to Defendant Dayton Power and Light Company. (Sheely, Sommer)
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Filing 699
NOTICE of Substitution of Counsel - Joseph P. Koncelik substituting for Martin H. Lewis as to Counter Claimants Valley Asphalt Corporation, Valley Asphalt Corporation, Cross Defendants Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Valley Asphalt Corporation, Counter Defendant Valley Asphalt Corporation, Defendant Valley Asphalt Corporation. (Koncelik, Joseph)
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Filing 698
Supplemental Memorandum Supporting re #326 MOTION for Summary Judgment corrected filed by Defendant Franklin Iron & Metal Corp. (Thumann, Robert)
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Filing 697
NOTICE by Defendant Flowserve Corporation of Filing of Deposition Transcripts (Haughey, Stephen)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 7/6/2017. (Court Reporter: Debra Futrell) (tp)
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Filing 696
MOTION for Summary Judgment by Defendant Flowserve Corporation. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7, #8 Exhibit Ex 8, #9 Exhibit Ex 9, #10 Exhibit Ex 10, #11 Exhibit Ex 11, #12 Exhibit Ex 12, #13 Exhibit Ex 13, #14 Exhibit Ex 14, #15 Exhibit Ex 15, #16 Exhibit Ex 16, #17 Exhibit Ex 17, #18 Exhibit Ex 18, #19 Exhibit Ex 19, #20 Exhibit Ex 20, #21 Exhibit Ex 21, #22 Exhibit Ex 22, #23 Exhibit Ex 23, #24 Exhibit Ex 24, #25 Exhibit Ex 25, #26 Exhibit Ex 26, #27 Exhibit Ex 27, #28 Exhibit Ex 28) (Haughey, Stephen)
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Filing 695
Amended MOTION for Summary Judgment by Defendant Coca-Cola Refreshments USA, Inc.. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Knowlton, Leah)
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Filing 694
NOTICE OF FILING DEPOSITION of Gary King by Defendant Dayton Industrial Drum, Inc.. (Attachments: #1 Gary King Deposition Transcript and Exhibits Jan 20 2017) (Gentry, Daniel)
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Filing 693
NOTICE OF FILING DEPOSITION of David Hussong by Defendant Dayton Industrial Drum, Inc.. (Attachments: #1 David Hussong Deposition Transcript and Exhibits Oct 4 2016) (Gentry, Daniel)
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Filing 692
NOTICE by Defendant Cox Media Group Ohio Inc re #679 MOTION for Summary Judgment (Notice of Filing Supplemental Exhibit [Ex. 18]) (Attachments: #1 Exhibit 18 - Plaintiffs' Responses to Defendant Cox Media Group Ohio, Inc.'s Second Set of Combined Discovery Requests) (Farolino, Shane)
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Filing 691
PLAINTIFFS' SURREPLY BRIEF IN OPPOSITION TO DEFENDANT THE DAYTON POWER AND LIGHT COMPANY'S MOTION TO COMPEL re MOTION to File Surreply re #667 Reply (non motion),, filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (pb)
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Filing 690
MOTION for Summary Judgment by Defendant Dayton Industrial Drum, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Rebecca Collier, #2 Exhibit 2 - Consent Decree, #3 Exhibit 3 - Xenia Daily Gazette, #4 Exhibit 4 - Hussong Declaration, #5 Exhibit 5 - Discovery Responses) (Costello, Shannon)
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Filing 689
NOTICE by Defendant Franklin Iron & Metal Corp re #688 Supplemental - Supporting filing deposition transcript Greg Clouse (Attachments: #1 Exhibit) (Thumann, Robert)
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Filing 688
Supplemental Memorandum Supporting re #326 MOTION for Summary Judgment filed by Defendant Franklin Iron & Metal Corp. (Thumann, Robert)
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Filing 687
MOTION for Summary Judgment by Defendant Sherwin-Williams Company. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Exhibit EXHIBIT A - Plaintiffs' Interrogatory Responses, #3 Exhibit EXHIBIT B - OEPA Site Summary, #4 Exhibit EXHIBIT C - Grillot 2013 Dep. Ex. 4, #5 Exhibit EXHIBIT D - Grillot 2013 Dep. Ex. 5, #6 Exhibit EXHIBIT E - Grillot 2013 Dep. Ex. 6) (Eddy, Robert)
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Filing 686
MOTION for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. and Memorandum in Support of Its Motion for Summary Judgment on Behalf of Blaylock Trucking Company, Inc. by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U) (Nijman, Jennifer)
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Filing 685
ORDER GRANTING UNOPPOSED MOTION OF DEFENDANT COX MEDIA GROUP OHIO, INC. TO EXTEND PAGE LIMITATION FOR MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT granting #680 Motion for Leave to File Excess Pages. Signed by Judge Walter H. Rice on 7/5/17. (pb)
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Filing 684
NOTICE OF FILING DEPOSITION of Edward Grillot by Defendant Cox Media Group Ohio Inc. (Attachments: #1 December 9, 2016 Deposition of Edward Grillot) (Farolino, Shane)
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Filing 683
NOTICE OF FILING DEPOSITION of Edward Grillot by Defendant Cox Media Group Ohio Inc. (Attachments: #1 December 17, 2013 Deposition of Edward Grillot) (Farolino, Shane)
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Filing 682
NOTICE OF FILING DEPOSITION of Edward Grillot by Defendant Cox Media Group Ohio Inc. (Attachments: #1 December 16, 2013 Deposition of Edward Grillot) (Farolino, Shane)
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Filing 681
NOTICE OF FILING DEPOSITION of Edward Grillot by Defendant Cox Media Group Ohio Inc. (Attachments: #1 April 24, 2012 Deposition of Edward Grillot) (Farolino, Shane)
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Filing 680
Unopposed MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Summary Judgment by Defendant Cox Media Group Ohio Inc. (Attachments: #1 Text of Proposed Order) (Farolino, Shane)
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Filing 679
MOTION for Summary Judgment by Defendant Cox Media Group Ohio Inc. (Attachments: #1 Affidavit and Supplemental Affidavit of George E. Morris, Jr., #2 Affidavit and Supplemental Affidavit of Richard Hartle, #3 Affidavit and Supplemental Affidavit of Jerry Baker, #4 Affidavit of Xonerale Freeman, #5 Affidavit of Robert Michigan, #6 Affidavit of Michael Manzo, #7 Excerpts of 2012 Deposition of Edward Grillot, #8 Excerpts of 2013 Deposition of Edward Grillot, #9 Excerpts of 2016 Deposition of Edward Grillot, #10 2016 Declaration of Edward Rene Grillot, #11 Excerpts of 2006 Deposition of Horace John Boesch, Jr., #12 Excerpts of 2011 Deposition of Horace J. Boesch, Jr., #13 Excerpts of 2014 Deposition of Horace J. Boesch, Jr., #14 Excerpts of 2012 Deposition of Michael A. Wendling, #15 Excerpts of 2014 Deposition of Michael A. Wendling, #16 Excerpts of 2014 Deposition of David A. Grillot, #17 Plaintiffs' Responses to Discovery Requests) (Farolino, Shane)
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Filing 678
NOTICE OF FILING DEPOSITION of Robert Scott Thomas by Defendant Sherwin-Williams Company. (Attachments: #1 Thomas Deposition Transcript and Exhibits March 30, 2017 - Part 1, #2 Thomas Deposition Transcript and Exhibits March 30, 2017 - Part 2) (Eddy, Robert)
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Filing 677
MOTION for Summary Judgment by Defendant Harris Corporation. (Attachments: #1 Memorandum in Support, #2 Exhibit 1: Kaufman Declaration, #3 Exhibit 2: Plaintiffs' Responses to Defendant Harris Corp.'s Contention Interrogatories, #4 Exhibit 3: I.W.D. Dispatching Customer Listing, #5 Exhibit 4: Boesch Depo Transcript dated 12/1/11, #6 Exhibit 5: Boesch Affidavit, #7 Exhibit 6: Boesch Depo Transcript dated 2/28/06, #8 Exhibit 7: Boesch Depo Transcript dated 10/23/14, #9 Text of Proposed Order) (Sherwood, Robert)
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Filing 676
NOTICE OF FILING DEPOSITION of Michael Wendling by Defendant Sherwin-Williams Company. (Attachments: #1 Wendling Depostion Transcript of July 17, 2012, #2 Wendling Deposition Transcript April 23, 2014) (Eddy, Robert)
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Filing 675
NOTICE OF FILING DEPOSITION of Timothy Bailey by Defendant Sherwin-Williams Company. (Attachments: #1 Bailey Dejposition Transcript) (Eddy, Robert)
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Filing 674
NOTICE OF FILING DEPOSITION of Greg Edsall by Defendant Sherwin-Williams Company. (Attachments: #1 Edsall Deposition Transcript) (Eddy, Robert)
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Filing 673
NOTICE OF FILING DEPOSITION of Edward Grillot by Defendant Sherwin-Williams Company. (Attachments: #1 Grillot Deposition Transcript) (Eddy, Robert)
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Filing 672
MOTION for Summary Judgment by Defendant Van Dyne Crotty Co. (Attachments: #1 Exhibit 1 - Affidavit of Timothy Crotty) (Carpenter, James)
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NOTATION ORDER sustaining #670 Plaintiffs' Motion to File Surreply. Signed by Judge Walter H. Rice on 07/05/2017. (tp)
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Motions terminated: 671 MOTION for Summary Judgment filed by Van Dyne Crotty Co. This Motion was replaced by docket number 672. Signed by Judge Walter H. Rice on 07/05/2017. (tp)
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Notice of Correction re: 671 MOTION for Summary Judgment was filed as one document. Attorney is directed to refile the Motion with the exhibit as an attachment to the Motion. (kma)
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Filing 670
MOTION to File Surreply re #667 Reply (non motion),, by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
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Filing 669
REPLY to Response to Motion re #654 MOTION to Compel Answers to Interrogatories Against Defendant Pharmacia LLC and Memorandum in Support filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 668
REPLY to Response to Motion re #652 MOTION to Compel Discovery Responses from Plaintiffs NCR Corp and Kelsey-Hayes Co. filed by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 667
Reply in Support of its Motion to Compel Deposition Testimony from Plaintiffs NCR Corporation and Kelsey-Hayes Company's Fed.R.Civ.P.30(B)(6)Witnesses or, Alternatively from their Counsel Larry Silver (DKT 651) and In Support of its Joinder to Waste Management of Ohio's Motion to Compel (DKT 652,656) by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit A-Heath Deposition Transcript Vol II pp 68-70, #2 Exhibit B- Heath Deposition Transcript VoI II pp 71-76, #3 Exhibit C-Heath Deposition Transcript Vol II p 231-232, #4 Exhibit D-Heath Deposition Transcript Vol. II pp. 47.9-48.17) (Merrill, Frank)
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Filing 666
NOTICE by Defendant Flowserve Corporation Notice of Rule 68 Offer of Judgment to Plaintiffs (Haughey, Stephen)
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Filing 665
ORDER granting #653 Joint Motion for Approval of Settlement Agreement between Plaintiffs and Defendants La Mirada Products Co., Inc. and DAP Products. La Mirada Products Co., Inc. and DAP Products Inc. are dismissed. Claimsagainst GSK were dismissed on July 8, 2013. Signed by Judge Walter H. Rice on 6/19/17. (pb)
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Motions terminated: #664 MOTION for Extension of Time New date requested 6/21/2017. Unopposed MOTION for Extension of Time to File Response/Reply as to #658 Response in Opposition to Motion, New date requested 6/21/2017. filed by Dayton Power and Light Company.. Signed by Judge Walter H. Rice on 06/19/2017. (tp)
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NOTATION ORDER sustaining #664 Defendant Dayton Power and Light Company's Unopposed Motion for Two Day Extension of Time to File Reply Brief. Signed by Judge Walter H. Rice on 06/19/2017. (tp)
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Filing 664
MOTION for Extension of Time New date requested 6/21/2017. , Unopposed MOTION for Extension of Time to File Response/Reply as to #658 Response in Opposition to Motion, New date requested 6/21/2017. ( Responses due by 7/7/2017) by Defendant Dayton Power and Light Company. (Campbell, Drew)
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Filing 663
RESPONSE in Opposition re #654 MOTION to Compel Answers to Interrogatories Against Defendant Pharmacia LLC and Memorandum in Support filed by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Exhibit 2-15-17 letter from James Dyer, #2 Exhibit 2-28-17 transcript from conference call, #3 Exhibit 3-2-17 transcript from conference call, #4 Exhibit Deposition excerpts of Randall White) (Fedder, Jane)
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NOTATION ORDER sustaining #661 Joint Unopposed Motion to Amend/Correct Scheduling Order Deadlines. Signed by Judge Walter H. Rice on 06/12/2017. (tp)
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Filing 662
REPLY to Response to Motion re #647 MOTION to Compel and Memorandum in Support filed by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Fedder, Jane)
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Filing 661
Joint MOTION to Amend/Correct #638 Order,,,,,,, Set Deadlines/Hearings,,,,,,, Set Scheduling Order Deadlines,,,,,, Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation and Defendants Harris Corporation and Flowserve Corporation by Defendant Flowserve Corporation. (Haughey, Stephen)
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Filing 660
RESPONSE in Opposition re #652 MOTION to Compel Discovery Responses from Plaintiffs NCR Corp and Kelsey-Hayes Co. filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dyer, James)
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Filing 659
NOTICE of Change of Address by William Wick (Wick, William)
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Filing 658
RESPONSE in Opposition re #651 MOTION to Compel Deposition Testimony from Plaintiffs NCR Corporation and Kelsey-Hayes Company's Fed.R.Civ.P.30(b)(6) Witnesses Or, Alternatively, From Their Counsel Larry Silver filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Dyer, James)
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NOTATION ORDER approving - re #657 Stipulation filed by Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 05-31-2017. (tp)
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Filing 657
STIPULATION Concerning Depositions of Mike Turner and Willie Jones by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 656
NOTICE by Defendant Dayton Power and Light Company re #652 MOTION to Compel Discovery Responses from Plaintiffs NCR Corp and Kelsey-Hayes Co. Defendant DP&L's Notice of Joinder in Defendant WM's Motion to Compel (DKT. 652) as it Relates to NASS Report (Merrill, Frank)
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Filing 655
RESPONSE in Opposition re #647 MOTION to Compel and Memorandum in Support filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 654
MOTION to Compel Answers to Interrogatories Against Defendant Pharmacia LLC and Memorandum in Support by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dyer, James)
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Filing 653
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Defendants La Mirada Products Co., Inc.; DAP Products Inc. and GlaxoSmithKline LLC by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Declaration of Larry Silver, #2 Exhibit Declaration of E. Chase Dressman, #3 Exhibit Declaration of William E. Coughlin, #4 Exhibit Fully Executed Settlement Agreement) (Dyer, James)
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Filing 652
MOTION to Compel Discovery Responses from Plaintiffs NCR Corp and Kelsey-Hayes Co. by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Fed.R.37(a) Certification of The Parties' Extra-Judicial Efforts, #2 Exhibit Exhibit 2 - Plaintiffs' Privilege Log, #3 Exhibit Exhibit 3 - Plaintiff NCR Corp's Responses to First Set of Combined Discovery Requests, #4 Exhibit Exhibit 4 - NCR Corp's 2003 Response to CERCLA 104(e) Request, #5 Exhibit Exhibit 5 - Interview Summary of Clay Lowe, #6 Exhibit Exhibit 6 - Dep of Earl Gregory, #7 Exhibit Exhibit 7 - ITW's Letter to USEPA attaching NASS Report) (Nijman, Jennifer) Modified on 5/19/2017 to show the correct filer(pb).
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NOTATION ORDER - Approving re #648 Stipulation Concerning Deposition of Earl Reeder filed by Coca-Cola Refreshments USA, Inc.. Signed by Judge Walter H. Rice on 05/16/2017. (tp)
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NOTICE: The telephone conference which was scheduled for May 15, 2017 at 1:30 is hereby CANCELED, having been notified that the parties have resolved the discovery dispute. (djv)
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Filing 651
MOTION to Compel Deposition Testimony from Plaintiffs NCR Corporation and Kelsey-Hayes Company's Fed.R.Civ.P.30(b)(6) Witnesses Or, Alternatively, From Their Counsel Larry Silver by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit A-Fed.R.37(a) Certification Of The Parties' Extra-Judicial Efforts to Achieve Resolution, #2 Exhibit B-Defendant Dayton Power and Light Company's Notice of Rule 30(b)(6) Deposition of Plaintiff NCR Corporation, #3 Exhibit C-Defendant Dayton Power and Light Company's Notice of Rule 30(b)(6) Deposition of Plaintiff Kelsey-Hayes Company, #4 Exhibit D-30(b)(6) Deposition of NCR Corporation, #5 Exhibit E-Deposition of Robert Bleazard) (Merrill, Frank)
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Filing 650
MOTION for Extension of Time New date requested 5/31/2017. Motion for Brief Extension of Fact Discovery Schedule as to Plaintiffs NCR Corporation and Kelsey-Hayes Company Only by Defendant Dayton Power and Light Company. (Merrill, Frank)
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Filing 649
NOTICE OF FILING DEPOSITION of Robert Bleazard and Bryan Heath by Defendant Dayton Power and Light Company. (Attachments: #1 Robert Bleazard Deposition Transcript Vol. 1, #2 Robert Bleazard Deposition Transcript Vol. 2, #3 Bryan Heath Deposition Transcript Vol. 1, #4 Bryan Heath Deposition Transcript Vol. 2) (Merrill, Frank)
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Filing 648
STIPULATION CONCERNING DEPOSITION OF EARL REEDER by Defendant Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 647
MOTION to Compel and Memorandum in Support by Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Exhibit Pharmacia's cross notice of deposition, #2 Exhibit Plaintiff's objections to amended notice of deposition, #3 Exhibit Hearing transcript dated 2-28-17, #4 Exhibit Hearing transcript dated 3-2-17, #5 Exhibit Pharmacia's contention interrogatories, #6 Exhibit Plaintiffs' responses to Pharmacia's contention interrogatories, #7 Exhibit Pharmacia's counsel letter to plaintiffs, #8 Exhibit Plaintiffs' counsel response letter) (Fedder, Jane)
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NOTATION ORDER APPROVING - re #646 Stipulation filed by Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 04/27/17. (tp)
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Filing 646
STIPULATION Governing Harris Corporation's Proposed Rule 30(b)(6) Deposition by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 645
AMENDED ORDER - In accordance with the Court's March 1, 2017 Notation Order sustaining Plaintiffs' Motion for Leave to File Sixth Amended Complaint [Doc. #642 ], it is hereby ORDERED THAT: The Sixth Amended Complaint and the Fifth Amended Complaint are identical with respect to the defendants named in the Fifth Amended Complaint, and those defendants may not file a motion to dismiss or Answer with respect to the Sixth Amended Complaint. Dcfondants' Answers to the Fifth Amended Complaint shall be deemed the Answers to the Sixth Amended Complaint. Signed by Judge Walter H. Rice on 4/6/2017. (srb)
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Filing 644
ORDER granting #629 Motion ORDERED THAT: 1) The Motion is GRANTED. 2) The Settlement Agreement between Plaintiffs and The Peerless TransportationCompany, attached to the Motion as Exhibit A, is APPROVED, and the terms and conditions of the Settlement Agreement are hereby incorporated by reference into this Order as if fully restated herein. 3) Subject to the Settlement Agreement, all claims asserted, to be asserted, or which could be asserted against The Peerless Transportation Company by the defendants in this case(whether by cross-claim or otherwise) or by any other person or entity (except the United States and the State of Ohio) for matters in connection with the South Dayton Dump and Landfill Site located at 1975 Dryden Road (also known as Springboro Pike) in Moraine, Ohio (the "Site") under Sections 106, 107 or 113 of CERCLA and/or any other federal, state or local statute, regulation, rule, ordinance, law or common law, as the same may be amended or superseded, arehereby barred, permanently enjoined, dismissed with prejudice, satisfied and are otherwise unenforceable in this case or in any other proceeding.4) The payment of $500.00 by The Peerless Transportation Company to Plaintiffsshall be credited pro tanto, and not pro rata, during any equitable allocation of response costs among liable parties by the Court in this matter pursuant to 42 U.S.C. 9613(f)(l). The liability of the litigants shall be reduced by the dollar amount of The Peerless Transportation Company's settlement payment, and the Court need not determine The Peerless Transportation Company's proportionate share of liability. 5) The Peerless Transportation Company is dismissed. 6) Pursuant to the authority contained in Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 ( 1994), this Court hereby retains jurisdiction and shall retain jurisdiction after entry of final judgment in this case to enforce the terms and conditions of the settlement between Plaintiffs and The Peerless Transportation Company.. Signed by Judge Walter H. Rice on 3/31/17. (kma)
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Filing 643
ORDER sustaining #642 MOTION to Clarify Order on Motion for Leave to File Sixth Amended Complaint. Signed by Judge Walter H. Rice on 3/28/2017. (jdf)
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Filing 642
MOTION to Clarify Order on Motion for Leave to File Sixth Amended Complaint by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 641
NOTICE of Substitution of Counsel - Michael Thomas Cappel substituting for Stephen N Haughey Thaddus H Driscoll as to Defendant Coca-Cola Refreshments USA, Inc.. (Cappel, Michael)
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Filing 640
STIPULATED PROTECTIVE ORDER BETWEEN DAYTON POWER AND LIGHT COMPANY AND COCA-COLA REFRESHMENTS USA. INC. Signed by Judge Walter H. Rice on 3/22/17. (pb)
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Filing 639
Joint MOTION for Protective Order Between Dayton Power and Light Company and Coca-Cola Refreshments USA, Inc. by Defendant Coca-Cola Refreshments USA, Inc.. (Attachments: #1 Text of Proposed Order) (Knowlton, Leah)
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Filing 638
AMENDED OMNIBUS SCHEDULING ORDER - For good cause shown, the Omnibus Scheduling Order, Doc. #373 , is AMENDED as follows: Contention interrogatories to be served by: March 31, 2017. All fact discovery to be completed by: May 15, 2017. Deadline for filing Motions for Summary Judgment (based only on lay witnesses): June 14, 2017. Plaintiffs' primary expert designations to be made by: June 30, 2017. Defendants' primary expert designations to be made by: September 29, 2017.All rebuttal expert designations to be made by: November 7, 2017.All expert witness discovery to be completed by: January 30, 2018. Deadline for filing Motions for Summary Judgment (based on fact witnesses and expert witnesses): March 2, 2018. Cut-off date for all other pretrial motions, i.e., motions in limine, motions for a view, etc. June 15, 2018. Joint Final Pretrial Order by parties to be filed by: June 22, 2018.Trial exhibits to be exchanged by: June 25, 2018.Final Pretrial Conference to be held by telephone conference call or in chambers (depending on the number of parties remaining at the time) on: June 29, 2018, at 4:00 p.m.Deadline for submitting proposed jury instructions (to include verdict forms and interrogatories) to the Court in both hard copy and diskette form: At least 10 days prior to trial.Deadline for submitting original copies of depositions, with designations that counsel intend to use at trial: At least 10 days prior to trial. Deadline for submitting counter-designations: At least 5 days prior to trial.Trial on the merits, to the Court, beginning: July 16, 2018. NO FURTHER EXTENSIONS will be granted, absent exigent circumstances. Signed by Judge Walter H. Rice on 3/21/2017. (srb)
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Filing 637
DECISION AND ENTRY RESOLVING DISCOVERY DISPUTES; SETTING FORTH FUTURE PROCEDURES INVOLVING EXECUTIVE COMMITTEE - Accordingly, from now on, when the Executive Committee wishes to schedule a conference call, it will notify the courtroom deputy about the topics to be discussed. The courtroom deputy will then send a notice of the conference call to all counsel of record, along with a summary of the agenda. If counsel other than the Executive Committee wish to participate in the conference call, they shall notify the courtroom deputy by telephone or email no later than 24 hours before the conference call is to take place. Signed by Judge Walter H. Rice on 3/21/2017. (srb)
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Filing 636
AMENDED COMPLAINT Sixth against B&D Limited Properties LTD, Ronald H. Barnett, Bridgestone Americas Tire Operations LLC, Bridgestone Firestone Inc, Coca-Cola Refreshments USA, Inc., Conagra Grocery Products Company, Cox Media Group Ohio Inc, DAP Products, Inc., Dayton Industrial Drum, Inc., Dayton Power and Light Company, Dryden Road Investments, LLC, Flowserve Corporation, Franklin Iron & Metal Corp, Harris Corporation, Jim City Salvage Inc, Kimberly-Clark Corporation, La Mirada Products Co., Inc, Peerless Transportation Company, Pharmacia LLC, a Delaware Limited Liability Company, Sherwin-Williams Company, South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee), Valley Asphalt Corporation, Van Dyne Crotty Co, Waste Management of Ohio, Inc., "John Doe" Corporation(s), filed by Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 635
STIPULATED PROTECTIVE ORDER BETWEEN WASTE MANAGEMENT OF OHIO, INC. AND COCA-COLA REFRESHMENTS USA, INC. re: #634 Motion for Protective Order. Signed by Judge Walter H. Rice on 3/16/2017. (jdf)
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Filing 634
Joint MOTION for Protective Order Between Waste Management of Ohio, Inc. and Coca-Cola Refreshments USA, Inc. by Defendant Coca-Cola Refreshments USA, Inc.. (Attachments: #1 Text of Proposed Order) (Knowlton, Leah)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 3/15/2017. (Court Reporter: Debra Futrell) (Futrell, Debra)
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Filing 632
ORDER GRANTING #631 Joint Motion. All claims and crossclaims against Kinberly-Clark Corporation in this matter, and Kimberly-Clark Corporation's counterclaims and crossclaims against all parties in this matter are dismissed without prejudice. Kimberly-Clark Corporation is dismissed from this action. Signed by Judge Walter H. Rice on 3/14/2017. (jg)
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Filing 631
Joint MOTION Drop Kimberly-Clark Corporation as a Party by Defendant Kimberly-Clark Corporation. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Slack, Sarah)
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Filing 630
Joint MOTION for Protective Order Between Plaintiffs and Coca-Cola Refreshments USA, Inc. by Defendant Coca-Cola Refreshments USA, Inc.. (Attachments: #1 Text of Proposed Order) (Knowlton, Leah)
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Filing 629
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Defendant Peerless Transportation Company by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A, #2 Exhibit Declaration of Chris Bridges, #3 Exhibit Declaration of Cathy McCoy, #4 Exhibit Declaration of Larry Silver) (Dyer, James)
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Filing 628
ORDER granting #626 Motion for Approval of Settlement Agreements- 1) The Motion is GRANTED. 2) The Settlement Agreements between Plaintiffs and Dryden Road Investments,LLC, Jim City Salvage, Inc. and Ronald H. Barnett, attached to the Motion, are APPROVED, and the terms and conditions of the Settlement Agreements are hereby incorporated by reference into this Order as if fully restated herein. 3) The 2006 Settlement Agreement between the South Dayton Land Fill Remediation Trust, Kathryn Boesch and Margaret Grillot, on one hand, and Plaintiffs and General Motors Corporation, on the other hand, known as the 'Confidential Release and Assignment Agreement" ("CRAA''), attached to the Motion, is APPROVED and resolves the South Dayton Land Fill Remediation Trust's liability in this case as to all parties. 6) The South Dayton Land Fill Remediation Trust, Dryden Road Investments, LLC, Jim City Salvage, Inc. and Ronald H. Barnett are dismissed. Signed by Judge Walter H. Rice on 3/1/17. (kma)
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NOTATION ORDER sustaining #627 MOTION for Leave to File Sixth Amended Complaint Nunc Pro Tunc to Delete Settled Party. Signed by Judge Walter H. Rice on 3/2/2017. (jdf)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 3/2/2017. (Court Reporter: Debra Futrell) (jdf)
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Filing 627
MOTION for Leave to File Sixth Amended Complaint Nunc Pro Tunc to Delete Settled Party by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 2/28/2017, ( Telephone Conference with the Executive Committee only set for 3/2/2017 at 11:45 AM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (jdf)
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NOTATION ORDER sustaining #624 Motion for Leave to File Sixth Amended Complaint. Signed by Judge Walter H. Rice on 3/1/2017. (jdf)
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Filing 626
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and Third Party Defendants South Dayton Landfill Remediation Trust, Dryden Road Investments, LLC, Jim City Salvage, Inc. and Ronald H. Barnett by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Dyer, James)
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Filing 624
MOTION for Leave to File Sixth Amended Complaint by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1 - Proposed Sixth Amended Complaint) (Dyer, James)
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NOTICE of Hearing: Docket Call set for 2/28/2017 04:30 PM by Teleconference before Judge Walter H. Rice. (pb)
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Filing 623
ORDER - The Settlement Agreement between Plaintiffs and City of Dayton, Ohio is APPROVED; City of Dayton, Ohio is dismissed. re #622 Motion Approval of Settlement Agreement between Plaintiffs and Defendant City of Dayton, Ohiofor filed by Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 2/22/17. (pb)
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NOTATION ORDER sustaining #622 Motion for approaval of Settelement Agreement Between Plaintiff's and City of Dayton, Ohio. Signed by Judge Walter H. Rice on 2/22/17. (pb)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 2/16/2017. (Court Reporter: Debra Futrell) (jdf)
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Filing 622
Joint MOTION for Approval of Settlement Agreement Between Plaintiffs and City of Dayton, Ohio by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Fully Executed Settlement Agreement, #2 Exhibit Declaration of Larry Silver, #3 Exhibit Declaration of John C. Musto) (Dyer, James)
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Filing 621
AGREED PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 1/27/2017. (jdf)
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Filing 620
ANSWER to #506 Crossclaim filed by La Mirada Products Co., Inc. (Dressman, E)
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NOTATION ORDER sustaining #619 Motion for Protective Order. Signed by Judge Walter H. Rice on 1/27/2017. (jdf)
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Filing 619
Joint MOTION for Protective Order as to Plaintiffs Hobart Coporation, Kelsey-Hayes Company, and NCR Corporation and Defendant The Sherwin-Williams Company by Cross Defendants Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Counter Defendant Sherwin-Williams Company, Counter Claimants Sherwin-Williams Company, Sherwin-Williams Company, Defendant Sherwin-Williams Company, Cross Claimant Sherwin-Williams Company. (Attachments: #1 Exhibit Protective Order) (Eddy, Robert)
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Filing 618
STIPULATED PROTECTIVE ORDER APPLICABLE TO PLAINTIFFS AND DAP PRODUCTS INC. re #616 . Signed by Judge Walter H. Rice on 1/9/17. (kma)
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Filing 617
NOTICE by Defendant Cox Media Group Ohio Inc of its Objections and Responses to Defendant The Dayton Power and Light Company's First Set of Combined Discovery Requests (Farolino, Shane)
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Filing 616
Joint MOTION for Approval of Stipulated Protective Order Applicable to Plaintiffs and DAP Products by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Text of Proposed Order) (Dyer, James)
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Filing 615
RESPONSE in Opposition re #535 MOTION to Dismiss Flowserve's Protective and Contingent Counterclaim to Plaintiffs' Fifth Amended Complaint (Doc. # 503) and Memorandum of Law in Support of Motion filed by Defendant Flowserve Corporation. (Haughey, Stephen)
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Filing 614
ANSWER to #499 Crossclaim,,,,, filed by South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee). (Gray, Michael)
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Filing 613
ANSWER to #501 Crossclaim,,,,, filed by South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee). (Gray, Michael)
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Filing 612
ANSWER to #503 Counterclaim,,, Crossclaim,, filed by South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee). (Gray, Michael)
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Filing 611
ANSWER to #499 Crossclaim,,,,, filed by Dryden Road Investments, LLC. (Gray, Michael)
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Filing 610
ANSWER to #501 Crossclaim,,,,, filed by Dryden Road Investments, LLC. (Gray, Michael)
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Filing 609
ANSWER to #503 Counterclaim,,, Crossclaim,, filed by Dryden Road Investments, LLC. (Gray, Michael)
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NOTATION ORDER sustaining #594 Motion for Extension of Time to Answer. Signed by Judge Walter H. Rice on 12/22/2016. (djv)
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Filing 608
STIPULATED PROTECTIVE ORDER APPLICABLE TO THE DAYTON POWER AND LIGHT COMPANY AND DAP PRODUCTS INC. granting #607 Motion for Protective Order. Signed by Judge Walter H. Rice on 12/16/16. (pb)
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Filing 607
Joint MOTION for Protective Order by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit Stipulated Protective Order Applicable to The Dayton Power and Light Company and DAP Products Inc.) (Merrill, Frank)
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Filing 606
ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Ronald H. Barnett. (Pierce, David)
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Filing 605
ANSWER to #501 Crossclaim,,,,, of The Sherwin-Williams Company filed by Ronald H. Barnett. (Pierce, David)
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Filing 604
ANSWER to #503 Counterclaim,,, Crossclaim,, of Flowserve Corporation filed by Ronald H. Barnett. (Pierce, David)
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Filing 603
ANSWER to #501 Crossclaim,,,,, of Sherwin-Williams Company filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 602
ANSWER to Complaint re: Doc. 506 Bridgestone Americas Tire Operations, LLC's Amended Crossclaims Against All Defendants filed by Ronald H. Barnett. (Pierce, David)
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Filing 601
ANSWER to Complaint re: #493 Third Party Complaint filed by Ronald H. Barnett. (Pierce, David) Modified on 12/14/2016 (pb).
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NOTATION ORDER sustaining #600 Motion to Withdraw as Attorney.. Signed by Judge Walter H. Rice on 12/14/2016. (jdf)
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Filing 600
MOTION to Withdraw as Attorney by Defendant Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 599
ORDER- This matter having come before the Court on Defendant La Mirada Products Co., Inc.'s Motion for Extension to Respond to Bridgestone Americas Tire Operations, LLC's Amended Cross-Claims Against All Defendants (Doc. #506 ), and the Court being sufficiently advised; IT IS HEREBY ORDERED that Defendant La Mirada Products Co., Inc.'s Motion is GRANTED and Defendant La Mirada Products Co., Inc. shall respond to Bridgestone Americas Tire Operations, LLC's Amended Cross-Claims within 45 days of the date of this Order. re #570 . Signed by Judge Walter H. Rice on 12/13/16. (kma)
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Filing 598
Corporate Disclosure Statement by ThirdParty Defendant Dryden Road Investments, LLC. (Gray, Michael)
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Filing 597
ANSWER to #493 Third Party Complaint, filed by Dryden Road Investments, LLC. (Gray, Michael)
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Filing 596
ANSWER to #493 Third Party Complaint, filed by South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee). (Gray, Michael)
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Filing 595
DECISION AND ENTRY SUSTAINING IN PART PLAINTIFFS' MOTION IN LIMINE OR,IN THE ALTERNATIVE, TO ALLOW A SECOND DEPOSITION OF EDWARD GRILLOT (DOC. #488 )- As discussed with counsel during the conference call held on November 15, 2016, the Court SUSTAINS IN PART Plaintiffs' Motion in Limine or, in the Alternative, to Allow a Second Deposition of Edward Grillot. Doc. #488 . Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A)(ii), because of Mr. Grillot'sdeclining health, Plaintiffs are granted leave to take a second deposition, limited to four hours, and limited to testimony concerning the Dayton Daily News, Dayton Journal Herald and McCall. Defendants Cox Media Group Ohio, Inc., and ConAgra Grocery Products Company, LLC, may participate in that deposition.Signed by Judge Walter H. Rice on 12/5/16. (kma)
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NOTATION ORDER sustaining #569 Motion for Extension of Time. Signed by Judge Walter H. Rice on 12/5/2016. (jdf)
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Filing 594
Unopposed MOTION for Extension of Time to File Answer re #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #493 Third Party Complaint, New date requested 12/14/2016. by ThirdParty Defendant Ronald H. Barnett. (Pierce, David)
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Filing 593
Corporate Disclosure Statement by ThirdParty Defendant Ronald H. Barnett. (Pierce, David)
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Filing 592
NOTICE of Appearance by David Philip Pierce for ThirdParty Defendant Ronald H. Barnett (Pierce, David)
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Filing 591
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, filed by Flowserve Corporation. (Haughey, Stephen)
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Filing 590
Defendant The Sherwin-Williams Company's ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim filed by Sherwin-Williams Company. (Eddy, Robert)
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Filing 589
ANSWER to #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, of Dayton Power and Light Company filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 588
ANSWER to #497 Crossclaim,, of Pharmacia LLC filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 587
ANSWER to #498 Crossclaim of Cox Media Group Ohio, Inc. filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 586
ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 585
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, of Harris Corporation filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 584
ANSWER to #501 Crossclaim,,,,, of Sherwin-Williams Company filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 583
ANSWER to #506 Crossclaim of Bridgestone Americas Tire Operations LLC's filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 582
ANSWER to #446 Answer to Amended Complaint, Crossclaim, Counterclaim of Coca-Cola Refreshments USA, Inc. filed by Kimberly-Clark Corporation. (Slack, Sarah)
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Filing 581
Defendant Bridgestone Americas Tire Operations LLC's ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, filed by Bridgestone Americas Tire Operations LLC. (Wick, William)
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Filing 580
ANSWER to #503 Counterclaim,,, Crossclaim,, of Flowserve Corporation filed by Harris Corporation. (Sherwood, Robert)
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Filing 579
ANSWER to #498 Crossclaim of Cox Media Group of Ohio filed by Harris Corporation. (Sherwood, Robert)
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Filing 578
ANSWER to #501 Crossclaim,,,,, of Sherwin Williams Company filed by Harris Corporation. (Sherwood, Robert)
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Filing 577
ANSWER to #497 Crossclaim,, of Pharmacia LLC filed by Harris Corporation. (Sherwood, Robert)
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Filing 576
ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Harris Corporation. (Sherwood, Robert)
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Filing 575
ANSWER to #449 Answer to Amended Complaint, Crossclaim, Counterclaim of Kimberly-Clark filed by Harris Corporation. (Sherwood, Robert)
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Filing 574
ANSWER to #506 Crossclaim of Bridgestone Americas Tire Operations, LLC filed by Harris Corporation. (Sherwood, Robert)
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Filing 573
ANSWER to #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, filed by Harris Corporation. (Sherwood, Robert)
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Filing 572
Defendant Pharmacia LLC's ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #395 Crossclaim filed by Pharmacia LLC, a Delaware Limited Liability Company. (Fedder, Jane)
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Filing 571
Waste Management of Ohio, Inc.'s ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #498 Crossclaim filed by Waste Management of Ohio, Inc.. (Nijman, Jennifer)
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Filing 570
Unopposed MOTION for Extension of Time New date requested 1/13/2017. to Respond to Bridgestone Americas Tire Operations, LLC's Amended Cross-Claims Against All Defendants (Doc. #506 ) by Defendant La Mirada Products Co., Inc. Responses due by 12/27/2016 (Attachments: #1 Exhibit A - Proposed Order) (Dressman, E)
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Filing 569
Unopposed MOTION for Extension of Time New date requested 12/14/2016. to Respond to The Sherwin-Williams Company's Cross-Claims Against All Defendants and Third-Party Defendants (Doc. #501 ) by Defendant La Mirada Products Co., Inc. Responses due by 12/27/2016 (Attachments: #1 Exhibit A - Proposed Order) (Dressman, E)
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Filing 568
Dayton Power and Light Company's ANSWER to #497 Crossclaim,, of Defendant Pharmacia filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 567
Dayton Power and Light Company's ANSWER to #503 Counterclaim,,, Crossclaim,, of Defendant Flowserve filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 566
Defendant Valley Asphalt Corporation's Answer to Cross-Claims and Amended Cross-Claims Filed by Defendants Sherwin-Williams Company, Cox Media Group, Inc., Coca-Cola Refreshments USA, Inc., Kimberly-Clark Corporation, Waste Management of Ohio, Inc., and Any Other Cross-Claim Filed by Any Defendant ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, filed by Valley Asphalt Corporation. (Lewis, Martin)
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Filing 565
Dayton Power and Light Company's ANSWER to #499 Crossclaim,,,,, of Defendant Waste Management of Ohio filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 564
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #446 Answer to Amended Complaint, Crossclaim, Counterclaim, #449 Answer to Amended Complaint, Crossclaim, Counterclaim, #506 Crossclaim, #497 Crossclaim,, #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, #496 Crossclaim,,,,, #499 Crossclaim,,,,, #395 Crossclaim filed by Cox Media Group Ohio Inc. (Farolino, Shane)
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Filing 563
Dayton Power and Light Company's ANSWER to #506 Crossclaim of Defendant Bridgestone Americas Tire Operations filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 562
Dayton Power and Light Company's ANSWER to #498 Crossclaim of Defendant Cox Media Group Ohio filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 561
Dayton Power and Light Company's ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, of Defendant Harris Corporation filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 560
ANSWER to #503 Counterclaim,,, Crossclaim,, filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 559
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 558
ANSWER to #499 Crossclaim,,,,, filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 557
ANSWER to #498 Crossclaim filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 556
Dayton Power and Light Company's ANSWER to #501 Crossclaim,,,,, of Sherwin-Williams filed by Dayton Power and Light Company. (Merrill, Frank)
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Filing 555
ANSWER to #497 Crossclaim,, filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 554
ANSWER to #449 Answer to Amended Complaint, Crossclaim, Counterclaim filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 553
ANSWER to #446 Answer to Amended Complaint, Crossclaim, Counterclaim filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 552
ANSWER to #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, filed by La Mirada Products Co., Inc. (Dressman, E)
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Filing 551
ANSWER to #506 Crossclaim of Bridgestone Americas Tire Operations, LLC (Amended) filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 550
ANSWER to #497 Crossclaim,, of Pharmacia LLC filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 549
ANSWER to #501 Crossclaim,,,,, of The Sherwin-Williams Company filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 548
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, of Harris Corporation filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 547
ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 546
ANSWER to #498 Crossclaim of Cox Media Group Ohio, Inc. filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
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Filing 545
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, , ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, #504 Crossclaim, #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #496 Crossclaim,,,,, #498 Crossclaim, #499 Crossclaim,,,,, #503 Counterclaim,,, Crossclaim,, filed by Franklin Iron & Metal Corp. (Thumann, Robert)
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Filing 544
Certified Mail- 7014 0510 0000 8476 2942 Returned as Undeliverable re #493 #494 . Mail sent to B & D Limited Properties, LTD,Attention: Thomas O' Diam Statutory Agent. (kma)
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Filing 543
ORDER GRANTING DISMISSAL WITH PREJUDICE OF DEFENDANT NEWMARK LLC - THE COURT, having reviewed the Stipulation of Dismissal with Prejudice signed by counsel for Defendant Newmark LLC and counsel for Defendant Pharmacia LLC hereby Orders that all claims between Newmark LLC and Pharmacia are dismissed with prejudice, without an award of fees and costs to either party. Signed by Judge Walter H. Rice on 11/23/16. (pb)
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Filing 542
Defendant The Peerless Transportation Company's ANSWER to #501 Crossclaim,,,,, of Defendant Sherwin-Williams Company filed by Peerless Transportation Company. (Fry, William)
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Filing 541
Defendant The Peerless Corporation's ANSWER to #503 Counterclaim,,, Crossclaim,, of Flowserve Corporation filed by Peerless Transportation Company. (Fry, William)
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Filing 540
Defendant The Peerless Transportation Company's ANSWER to #499 Crossclaim,,,,, Amended of Defendant Waste Management filed by Peerless Transportation Company. (Fry, William)
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Filing 539
Defendant The Peerless Transportation Company's ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, of Defendant Harris Corporation filed by Peerless Transportation Company. (Fry, William)
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Filing 538
Defendant The Peerless Transportation Company's ANSWER to #498 Crossclaim of Cox Media Group Ohio, Inc. filed by Peerless Transportation Company. (Fry, William)
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Filing 537
Defendant The Peerless Transportation Company's ANSWER to #506 Crossclaim Amended of Defendant Bridgestone Americas Tire Operations, LLC filed by Peerless Transportation Company. (Fry, William)
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Filing 536
Defendant The Peerless Transportation Company's ANSWER to #497 Crossclaim,, of Defendant Pharmacia, LLC Against All Defendants filed by Peerless Transportation Company. (Fry, William)
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Filing 535
MOTION to Dismiss Flowserve's Protective and Contingent Counterclaim to Plaintiffs' Fifth Amended Complaint (Doc. # 503) and Memorandum of Law in Support of Motion by Plaintiffs Kelsey-Hayes Company, NCR Corporation. Responses due by 12/16/2016 (Dyer, James)
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Filing 534
MOTION to Dismiss Cross-Claims Against Newmark, LLC by Cross Defendants Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Sherwin-Williams Company, Counter Defendant Sherwin-Williams Company, Counter Claimants Sherwin-Williams Company, Sherwin-Williams Company, Defendant Sherwin-Williams Company, Cross Claimant Sherwin-Williams Company. Responses due by 12/16/2016 (Eddy, Robert)
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Filing 533
ANSWER to #506 Crossclaim filed by DAP Products, Inc.. (Coughlin, William)
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Filing 532
ANSWER to #503 Counterclaim,,, Crossclaim,, filed by DAP Products, Inc.. (Coughlin, William)
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Filing 531
ANSWER to #501 Crossclaim,,,,, filed by DAP Products, Inc.. (Coughlin, William)
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Filing 530
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, filed by DAP Products, Inc.. (Coughlin, William)
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Filing 529
ANSWER to #499 Crossclaim,,,,, filed by DAP Products, Inc.. (Coughlin, William)
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Filing 528
ANSWER to #498 Crossclaim filed by DAP Products, Inc.. (Coughlin, William)
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Filing 527
ANSWER to #497 Crossclaim,, filed by DAP Products, Inc.. (Coughlin, William)
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Filing 526
STIPULATION of Dismissal With Prejudice of Defendant NewMark, LLC by Cross Defendant Pharmacia LLC, a Delaware Limited Liability Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 525
STIPULATION Stipulated Extension of Time to Answer or Otherwise Respond to the Complaint by Third Party Defendants South Dayton Land Fill Remediation Trust, South Dayton Land Fill Remediation Trust. (Siegel, Steve)
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Filing 524
STIPULATION Stipulated Extension of Time to Answer or Otherwise Respond to the Complaint by ThirdParty Defendant Dryden Road Investments, LLC. (Siegel, Steve)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 11/15/2016. (Court Reporter: Debra Futrell) (jdf)
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Filing 523
NOTICE of Appearance by Timothy David Hoffman for Third Party Defendants Dryden Road Investments, LLC, Dryden Road Investments, LLC (Hoffman, Timothy)
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Filing 522
NOTICE of Appearance by Timothy David Hoffman for Third Party Defendants South Dayton Land Fill Remediation Trust, South Dayton Land Fill Remediation Trust (Hoffman, Timothy)
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Filing 521
NOTICE of Appearance by Steve N Siegel for Third Party Defendants Dryden Road Investments, LLC, Dryden Road Investments, LLC (Siegel, Steve)
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Filing 520
NOTICE of Appearance by Steve N Siegel for Third Party Defendants South Dayton Land Fill Remediation Trust, South Dayton Land Fill Remediation Trust (Siegel, Steve)
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Filing 519
REPLY to Response to Motion re #473 MOTION to Dismiss Counterclaims to Plaintiffs' Fifth Amended Complaint and Memorandum of Law in Support filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 518
ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, , ANSWER to #501 Crossclaim,,,,, #506 Crossclaim, #497 Crossclaim,, #498 Crossclaim, #499 Crossclaim,,,,, filed by City of Dayton, Ohio. (Musto, John)
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Filing 517
REPLY to Response to Motion re #473 MOTION to Dismiss Counterclaims to Plaintiffs' Fifth Amended Complaint and Memorandum of Law in Support RE: Valley Asphalt's Counterclaim filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dyer, James)
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Filing 516
ANSWER to #506 Crossclaim Defendant Dayton Industrial Drum, Inc.'s Answer to Defendant Bridgestone Americas Tire Operations, LLC's Amended Crossclaims Against All Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 515
ANSWER to #503 Counterclaim,,, Crossclaim,, Defendant Dayton Industrial Drum, Inc.'s Answer to Defendant Flowserve Corporation's Contingent Crossclaims Against Certain Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 514
ANSWER to #501 Crossclaim,,,,, Defendant Dayton Industrial Drum, Inc.'s Answer to Defendant The Sherwin-Williams Company's Cross-Claims Against All Defendants and Third-Party Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 513
ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, Defendant Dayton Industrial Drum, Inc.'s Answer to Defendant Harris Corporation's Crossclaims Against All Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 512
ANSWER to #499 Crossclaim,,,,, Defendant Dayton Industrial Drum, Inc.'s Answer to Defendant Waste Management of Ohio, Inc.'s Amended Cross-Claims Against All Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 511
ANSWER to #498 Crossclaim Defendant Dayton Industrial Drum, Inc.'s Answer to Defendant Cox Media Group Ohio, Inc.'s Cross-Claims Against All Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 510
ANSWER to #497 Crossclaim,, Defendant Dayton Industrial Drum, Inc's Answer to Defendant Pharmacia LLC's Cross-Claims Against All Defendants filed by Dayton Industrial Drum, Inc.. (Costello, Shannon)
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Filing 509
RESPONSE in Opposition re #488 MOTION in Limine or in the Alternative, to Allow a Second Deposition of Edward Grillot filed by Defendants Conagra Grocery Products Company, Cox Media Group Ohio Inc. (Attachments: #1 Exhibit 1 - Pages from Deposition of Edward Grillot, #2 Exhibit 2 - Pages from Deposition of Edward Grillot, #3 Exhibit 3 - Declaration of Edward Rene Grillot) (Farolino, Shane)
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Filing 508
REPLY to Response to Motion re #473 MOTION to Dismiss Counterclaims to Plaintiffs' Fifth Amended Complaint and Memorandum of Law in Support filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
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Filing 507
SUMMONS Returned Executed as to ThirdParty Plaintiff Dayton Power and Light Company, ThirdParty Defendant South Dayton Land Fill Remediation Trust- CO-TRUSTEE HORACE J. BOESCH JR. SERVED ON 10/31/16. Answer due 11/21/16. (kma)
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Set/Reset Deadlines: Answer due date as to South Dayton Land Fill Remediation Trust- Co-Trustee Horace J. Boesch Jr. set for 11/21/16. (kma)
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