Hobart Corporation et al v. The Dayton Power and Light Company et al
Plaintiff: Kelsey-Hayes Company doing business as ZF Active Safety US Inc.
Defendant: Pharmacia LLC, a Delaware Limited Liability Company, PPG Industries, Inc., Valley Asphalt Corporation, "John Doe" Corporation(s), Cox Media Group Ohio Inc, University of Dayton, Monsanto Company, YP Advertising and Publishing LLC, 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.
Counter Claimant: Standard Register Company, Dayton Industrial Drum, Inc., Coca-Cola Refreshments USA, Inc., City of Dayton, Ohio, Fickert Devco Inc, DAP Products, Inc. and Dayton Board of Education
Counter Defendant: Waste Management of Ohio, Inc., Conagra Grocery Products Company, Harris Corporation, Franklin Iron & Metal Corp, Bridgestone Americas Tire Operations LLC and La Mirada Products Co., Inc
Cross Defendant: United States Department of Defense, A.E. Fickert, Inc., Sherwin-Williams Company, Dayton Power and Light Company, Peerless Transportation Company, Ronald H. Barnett, Hobart Corporation, Hewitt Soap Works, Inc., Cargill, Inc., P-Americas, LLC, United States Department of Energy, Day International Inc, Bridgestone Firestone Inc, Dryden Road Investments, LLC, Newmark LLC, Van Dyne Crotty Co, Bradford Soap International, Inc., United States of America, Cintas Corporation, State of Ohio, Kimberly-Clark Corporation, NCR Corporation, Kelsey-Hayes Company, Ohio Bell Telephone Company, Reynolds and Reynolds Company and GlaxoSmithKline LLC
Cross Claimant: Flowserve Corporation
3Rd Party Defendant: South Dayton Land Fill Remediation Trust, Jim City Salvage Inc and B&D Limited Properties LTD
Case Number: 3:2013cv00115
Filed: April 16, 2013
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Walter H Rice
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 6901
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2021 Opinion or Order ***Civil Case Terminated. Awaiting feasibility study, due approximately early 2023, before any further action or trial setting can take place (bjr)
September 10, 2021 Opinion or Order 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)
September 8, 2021 Opinion or Order Filing 1187 NOTICE by Defendant Dayton Power and Light Company of Substitution of Co-Counsel (Merrill, Frank)
April 27, 2021 Opinion or Order 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)
April 27, 2021 Opinion or Order 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)
April 27, 2021 Opinion or Order 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)
March 30, 2021 Opinion or Order 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)
March 29, 2021 Opinion or Order 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)
March 25, 2021 Opinion or Order Filing 1182 NOTICE by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation of Withdrawal of Co-Counsel (Dyer, James)
November 16, 2020 Opinion or Order 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)
November 2, 2020 Opinion or Order 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)
October 12, 2020 Opinion or Order 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)
September 30, 2020 Opinion or Order 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)
September 30, 2020 Opinion or Order 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)
September 23, 2020 Opinion or Order 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)
September 21, 2020 Opinion or Order 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)
September 15, 2020 Opinion or Order Filing 1174 MOTION for Leave to File Surreply by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Proposed Surreply) (Dyer, James)
September 10, 2020 Opinion or Order 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)
September 8, 2020 Opinion or Order 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)
September 3, 2020 Opinion or Order 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)
September 2, 2020 Opinion or Order Filing 1170 NOTICE by Defendant Cox Media Group Ohio Inc of Name Change (Farolino, Shane)
August 31, 2020 Opinion or Order 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)
June 4, 2020 Opinion or Order Filing 1168 NOTICE of Change of Address by Jane E Fedder (Fedder, Jane)
May 22, 2020 Opinion or Order 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)
May 20, 2020 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 5/20/2020. (Court Reporter: Debra Futrell) (tp)
May 19, 2020 Opinion or Order Filing 1166 NOTICE by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation of Name Change for Plaintiff Kelsey-Hayes Company (Dyer, James)
May 8, 2020 Opinion or Order 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)
May 4, 2020 Opinion or Order Filing 1164 RULE 26(f) REPORT Supplemental by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
April 20, 2020 Opinion or Order Filing 1163 REPLY to Response to Motion re #1151 MOTION for Summary Judgment filed by Defendant Bridgestone Americas Tire Operations LLC. (Dressman, E)
April 15, 2020 Opinion or Order 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)
April 10, 2020 Opinion or Order 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)
April 7, 2020 Opinion or Order 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)
April 7, 2020 Opinion or Order 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)
April 7, 2020 Opinion or Order 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)
April 6, 2020 Opinion or Order 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)
March 24, 2020 Opinion or Order 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)
March 24, 2020 Opinion or Order 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)
March 19, 2020 Opinion or Order 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)
March 17, 2020 Opinion or Order 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)
March 17, 2020 Opinion or Order 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)
March 16, 2020 Opinion or Order 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)
March 12, 2020 Opinion or Order 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)
March 11, 2020 Opinion or Order 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)
March 9, 2020 Opinion or Order 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)
March 4, 2020 Opinion or Order NOTATION ORDER sustaining #1143 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 03/04/2020. (tp)
March 2, 2020 Opinion or Order Filing 1147 RULE 26(f) REPORT Addition to Supplement by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit) (Dyer, James)
February 28, 2020 Opinion or Order 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)
February 26, 2020 Opinion or Order 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)
February 21, 2020 Opinion or Order NOTICE OF TIME CHANGE: The Telephone Conference set for 4:00 PM today has been moved to 5:00 PM today. (tp)
February 20, 2020 Opinion or Order Filing 1145 RULE 26(f) REPORT of the Defendants by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
February 20, 2020 Opinion or Order Filing 1144 RULE 26(f) REPORT (Supplemental) by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
February 19, 2020 Opinion or Order Filing 1143 MOTION to File Document Under Seal by Plaintiffs Hobart Corporation, Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
February 10, 2020 Opinion or Order 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)
February 10, 2020 Opinion or Order 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)
February 10, 2020 Opinion or Order 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)
February 6, 2020 Opinion or Order Magistrate Judge Michael J. Newman no longer assigned to case. (mnr)
February 5, 2020 Opinion or Order 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)
January 31, 2020 Opinion or Order 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)
January 24, 2020 Opinion or Order 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)
January 23, 2020 Opinion or Order 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)
January 20, 2020 Opinion or Order 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)
January 20, 2020 Opinion or Order 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)
January 17, 2020 Opinion or Order 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)
January 17, 2020 Opinion or Order 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)
January 16, 2020 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Settlement Conference held on 1/16/2020. (Court Reporter: Caryl Blevins) (tp)
January 15, 2020 Opinion or Order 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)
January 10, 2020 Opinion or Order 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)
January 10, 2020 Opinion or Order 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)
January 10, 2020 Opinion or Order 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)
January 3, 2020 Opinion or Order 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)
January 3, 2020 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/3/2020. (Court Reporter: Debra Futrell) (tp)
January 2, 2020 Opinion or Order 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)
December 23, 2019 Opinion or Order 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)
December 23, 2019 Opinion or Order Filing 1126 Unopposed MOTION for Leave to File Sur-Reply Instanter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
December 20, 2019 Opinion or Order 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)
December 18, 2019 Opinion or Order 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)
December 17, 2019 Opinion or Order 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)
December 17, 2019 Opinion or Order 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)
December 17, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)
December 11, 2019 Opinion or Order 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)
December 10, 2019 Opinion or Order 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)
December 10, 2019 Opinion or Order 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)
December 9, 2019 Opinion or Order 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)
December 6, 2019 Opinion or Order 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)
December 4, 2019 Opinion or Order Filing 1120 NOTICE by Defendant Franklin Iron & Metal Corp re #1119 Brief Joinder in DP&L's Brief (Thumann, Robert)
December 4, 2019 Opinion or Order Filing 1119 BRIEF by Defendant Dayton Power and Light Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Merrill, Frank)
December 2, 2019 Opinion or Order 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)
December 2, 2019 Opinion or Order 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)
December 2, 2019 Opinion or Order 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)
December 2, 2019 Opinion or Order 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)
November 27, 2019 Opinion or Order 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)
November 26, 2019 Opinion or Order Filing 1113 BRIEF. (Attachments: #1 Exhibit 2018 Cost Estimate, #2 Exhibit 2017 Cost Estimate (no attachments), #3 Exhibit Declarationo f Julian Hayward) (Dyer, James)
November 26, 2019 Opinion or Order 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)
November 26, 2019 Opinion or Order 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)
November 26, 2019 Opinion or Order 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)
November 20, 2019 Opinion or Order Filing 1109 NOTICE by Defendant Cox Media Group Ohio Inc re #1098 Response in Opposition to Motion,,,, (Farolino, Shane)
November 20, 2019 Opinion or Order 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)
November 20, 2019 Opinion or Order Filing 1107 NOTICE by Defendant Sherwin-Williams Company re #1098 Response in Opposition to Motion,,,, (Eddy, Robert)
November 20, 2019 Opinion or Order 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)
November 18, 2019 Opinion or Order 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)
November 18, 2019 Opinion or Order 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)
November 18, 2019 Opinion or Order 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)
November 18, 2019 Opinion or Order 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).
November 15, 2019 Opinion or Order 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)
November 15, 2019 Opinion or Order 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)
November 14, 2019 Opinion or Order Filing 1103 RULE 26(f) REPORT Additional Supplement by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 13, 2019 Opinion or Order 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)
November 12, 2019 Opinion or Order 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)
November 8, 2019 Opinion or Order 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)
November 6, 2019 Opinion or Order 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)
November 5, 2019 Opinion or Order 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)
November 5, 2019 Opinion or Order Filing 1093 STATUS REPORT of Plaintiffs and Defendant Franklin Iron and Metal Corporation by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
November 5, 2019 Opinion or Order Filing 1092 RULE 26(f) REPORT by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
November 5, 2019 Opinion or Order 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)
November 1, 2019 Opinion or Order 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)
October 31, 2019 Opinion or Order 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)
October 31, 2019 Opinion or Order Reset Deadline: ( Joint Status Report due by 11/5/2019.) (srb)
October 30, 2019 Opinion or Order 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)
October 30, 2019 Opinion or Order Filing 1088 NOTICE by Plaintiffs Kelsey-Hayes Company, NCR Corporation of Withdrawal of Co-Counsel (Dyer, James)
October 30, 2019 Opinion or Order 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).
October 23, 2019 Opinion or Order 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)
October 23, 2019 Opinion or Order Filing 1086 MOTION in Limine Joinder in Motions in Limine Filed by Other Defendants by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
October 23, 2019 Opinion or Order 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)
October 23, 2019 Opinion or Order 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)
October 23, 2019 Opinion or Order 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)
October 23, 2019 Opinion or Order 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)
October 21, 2019 Opinion or Order 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)
October 21, 2019 Opinion or Order 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)
October 18, 2019 Opinion or Order 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)
October 18, 2019 Opinion or Order 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)
October 16, 2019 Opinion or Order 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)
October 16, 2019 Opinion or Order 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)
October 15, 2019 Opinion or Order 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)
October 8, 2019 Opinion or Order 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).
October 4, 2019 Opinion or Order 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)
October 4, 2019 Opinion or Order Filing 1076 MOTION to Take Deposition from Dr. B. Tod Delaney by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
October 2, 2019 Opinion or Order Filing 1075 MOTION to Take Supplemental Deposition of Dr. Jurgen Exner by Defendant Conagra Grocery Products Company. (Gregg, Joseph)
September 23, 2019 Opinion or Order 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)
September 23, 2019 Opinion or Order 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)
September 23, 2019 Opinion or Order 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)
September 23, 2019 Opinion or Order 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)
September 23, 2019 Opinion or Order 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)
September 23, 2019 Opinion or Order 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)
September 23, 2019 Opinion or Order 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)
September 5, 2019 Opinion or Order 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)
September 5, 2019 Opinion or Order 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)
September 4, 2019 Opinion or Order 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)
September 3, 2019 Opinion or Order 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)
August 29, 2019 Opinion or Order 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)
August 26, 2019 Opinion or Order 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)
August 23, 2019 Opinion or Order 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)
August 21, 2019 Opinion or Order 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)
August 20, 2019 Opinion or Order 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).
August 19, 2019 Opinion or Order 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)
August 5, 2019 Opinion or Order 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)
July 26, 2019 Opinion or Order 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)
July 26, 2019 Opinion or Order 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)
July 24, 2019 Opinion or Order 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)
July 23, 2019 Opinion or Order 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)
July 23, 2019 Opinion or Order NOTATION ORDER sustaining #1053 Motion for Leave to File Surreply. Signed by Judge Walter H. Rice on 07/23/2019. (tp)
July 15, 2019 Opinion or Order 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)
July 10, 2019 Opinion or Order 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).
July 8, 2019 Opinion or Order 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)
July 1, 2019 Opinion or Order 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).
July 1, 2019 Opinion or Order 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)
July 1, 2019 Opinion or Order 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)
June 28, 2019 Opinion or Order Filing 1050 MOTION for Leave to File to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit Proposed Surreply) (Dyer, James)
June 24, 2019 Opinion or Order 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)
June 24, 2019 Opinion or Order 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)
June 24, 2019 Opinion or Order 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)
June 24, 2019 Opinion or Order 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)
June 24, 2019 Opinion or Order 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)
June 24, 2019 Opinion or Order 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)
June 24, 2019 Opinion or Order 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)
June 20, 2019 Opinion or Order 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)
June 19, 2019 Opinion or Order 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)
June 12, 2019 Opinion or Order 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)
June 12, 2019 Opinion or Order 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)
June 12, 2019 Opinion or Order 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)
June 12, 2019 Opinion or Order 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)
June 12, 2019 Opinion or Order 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)
June 12, 2019 Opinion or Order 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)
June 7, 2019 Opinion or Order 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)
June 7, 2019 Opinion or Order Filing 1033 NOTICE OF FILING DEPOSITION of David J. Hagen by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
June 7, 2019 Opinion or Order 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)
June 7, 2019 Opinion or Order Filing 1031 NOTICE OF FILING DEPOSITION of Richard L. Hunter and Cecil Hunter by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
June 7, 2019 Opinion or Order 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)
June 7, 2019 Opinion or Order 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)
June 7, 2019 Opinion or Order 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)
June 5, 2019 Opinion or Order 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)
June 4, 2019 Opinion or Order 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)
May 31, 2019 Opinion or Order 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)
May 31, 2019 Opinion or Order 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)
May 31, 2019 Opinion or Order 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)
May 29, 2019 Opinion or Order 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)
May 29, 2019 Opinion or Order 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)
May 29, 2019 Opinion or Order Filing 1021 NOTICE by Defendant Pharmacia LLC, a Delaware Limited Liability Company (Fedder, Jane)
May 29, 2019 Opinion or Order 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)
May 28, 2019 Opinion or Order 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)
May 28, 2019 Opinion or Order 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)
May 28, 2019 Opinion or Order 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)
May 22, 2019 Opinion or Order 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)
May 22, 2019 Opinion or Order 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)
May 22, 2019 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 5/22/2019. (Court Reporter: Debra Futrell) (tp)
May 9, 2019 Opinion or Order 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)
May 1, 2019 Opinion or Order 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)
April 26, 2019 Opinion or Order 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)
April 22, 2019 Opinion or Order 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)
April 19, 2019 Opinion or Order 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)
April 18, 2019 Opinion or Order Filing 1012 NOTICE by Defendant Pharmacia LLC, a Delaware Limited Liability Company of withdrawal of counsel (Fedder, Jane)
April 5, 2019 Opinion or Order 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)
April 3, 2019 Opinion or Order 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)
March 28, 2019 Opinion or Order 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)
March 25, 2019 Opinion or Order Filing 1008 ANSWER to #787 Amended Counterclaim of Defendant Valley Asphalt Corporation. Please note the document is not signed. filed by All Plaintiffs. (kma)
March 25, 2019 Opinion or Order 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).
March 21, 2019 Opinion or Order 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)
March 12, 2019 Opinion or Order 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)
February 21, 2019 Opinion or Order Filing 1004 NOTICE of Appearance by Mark Robert Chilson for Cross Defendant Franklin Iron & Metal Corp (Chilson, Mark)
February 21, 2019 Opinion or Order Filing 1003 NOTICE of Appearance by Matthew T. Kemp for Defendant Sherwin-Williams Company (Kemp, Matthew)
February 21, 2019 Opinion or Order 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)
February 20, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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).
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order Filing 1000 NOTICE by Defendant Bridgestone Americas Tire Operations LLC of Joinder in the Motions in Limine Filed by Other Defendants (Dressman, E)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order Filing 998 MOTION in Limine and Memorandum to Exclude Certain Expert Testimony of Dr. Jurgen Exner by Defendant Conagra Grocery Products Company. (Covi, Kristopher)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order Filing 994 PRETRIAL MEMORANDUM by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order 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)
February 19, 2019 Opinion or Order Filing 984 TRIAL BRIEF Memorandum of Law Regarding Expert Testimony of Richard White by Defendant Franklin Iron & Metal Corp. (Hillerich, Laura)
February 19, 2019 Opinion or Order Filing 983 TRIAL BRIEF Regarding expert testimony J. Exner by Defendant Franklin Iron & Metal Corp. (Hillerich, Laura)
February 19, 2019 Opinion or Order 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)
February 15, 2019 Opinion or Order 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)
February 15, 2019 Opinion or Order 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)
February 14, 2019 Opinion or Order 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)
February 14, 2019 Opinion or Order 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)
February 12, 2019 Opinion or Order 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)
February 11, 2019 Opinion or Order Filing 979 MOTION to Withdraw as Attorney Scott S. Davies as Co-Counsel by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
February 8, 2019 Opinion or Order 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)
February 6, 2019 Opinion or Order 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)
February 1, 2019 Opinion or Order 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)
January 31, 2019 Opinion or Order 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)
January 31, 2019 Opinion or Order 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)
January 31, 2019 Opinion or Order 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)
January 30, 2019 Opinion or Order 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)
January 30, 2019 Opinion or Order 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)
January 29, 2019 Opinion or Order Docketed to correct statistical information. (jcw)
January 28, 2019 Opinion or Order 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)
January 28, 2019 Opinion or Order 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)
January 17, 2019 Opinion or Order 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).
January 17, 2019 Opinion or Order 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)
January 16, 2019 Opinion or Order 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)
January 16, 2019 Opinion or Order 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)
January 16, 2019 Opinion or Order 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)
January 16, 2019 Opinion or Order 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)
January 14, 2019 Opinion or Order 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)
January 14, 2019 Opinion or Order 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)
January 14, 2019 Opinion or Order 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)
January 14, 2019 Opinion or Order 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)
January 14, 2019 Opinion or Order 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).
January 14, 2019 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/14/2019. (Court Reporter: Debra Futrell) (tp)
January 14, 2019 Opinion or Order 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)
January 11, 2019 Opinion or Order Filing 959 REPLY to Response to Motion re #866 MOTION for Summary Judgment filed by Defendant Sherwin-Williams Company. (Eddy, Robert)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order Filing 950 NOTICE by Defendant Dayton Power and Light Company of Filing Deposition Transcript of James Campbell (Merrill, Frank)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order Filing 948 NOTICE by Defendant Dayton Power and Light Company of Filing Deposition Transcript of Edward Grillot (Merrill, Frank)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 8, 2019 Opinion or Order 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)
January 4, 2019 Opinion or Order 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)
January 4, 2019 Opinion or Order 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)
January 4, 2019 Opinion or Order 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)
January 4, 2019 Opinion or Order 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)
January 3, 2019 Opinion or Order 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)
January 3, 2019 Opinion or Order 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)
January 3, 2019 Opinion or Order 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)
January 3, 2019 Opinion or Order 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)
January 2, 2019 Opinion or Order 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)
January 2, 2019 Opinion or Order 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)
January 2, 2019 Opinion or Order 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)
December 31, 2018 Opinion or Order 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)
December 31, 2018 Opinion or Order 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)
December 27, 2018 Opinion or Order 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)
December 27, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order Filing 921 NOTICE by Defendant Valley Asphalt Corporation re #904 Response in Opposition to Motion (Hanna, Robert)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 26, 2018 Opinion or Order 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)
December 23, 2018 Opinion or Order 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)
December 22, 2018 Opinion or Order 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)
December 22, 2018 Opinion or Order 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)
December 22, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order 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)
December 21, 2018 Opinion or Order NOTATION ORDER sustaining #907 Motion for Leave to File Excess Pages. Signed by Judge Walter H. Rice on 12/21/2018. (tp)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order Filing 893 DEPOSITION of Joseph Smart taken on 4/14/2015 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
December 20, 2018 Opinion or Order Filing 892 DEPOSITION of Swiatoslav Kaczmar taken on 9/24/2018 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 Opinion or Order 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)
December 12, 2018 Opinion or Order Filing 880 Mail Returned as Undeliverable re #861 . Mail sent to David Karl Brown (kma)
December 7, 2018 Opinion or Order 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)
December 6, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael J. Newman: Settlement Conference held on 12/6/2018. (mnr)
December 6, 2018 Opinion or Order 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)
December 6, 2018 Opinion or Order 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)
December 6, 2018 Opinion or Order 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).
December 6, 2018 Opinion or Order 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)
December 5, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order Filing 863 NOTICE OF FILING DEPOSITION of Dan Crago by Defendant Valley Asphalt Corporation. (Attachments: #1 Exhibit Deposition Transcript of Dan Crago) (Hanna, Robert)
December 3, 2018 Opinion or Order 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)
November 28, 2018 Opinion or Order 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.)
November 27, 2018 Opinion or Order Filing 860 Mail Returned as Undeliverable. Mail sent to David Karl Brown (pb)
November 16, 2018 Opinion or Order 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)
November 16, 2018 Opinion or Order 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)
November 16, 2018 Opinion or Order 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.)
November 14, 2018 Opinion or Order Filing 856 NOTICE of Appearance by Elyse H. Akhbari for Defendant Dayton Power and Light Company (Akhbari, Elyse)
November 14, 2018 Opinion or Order 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)
November 13, 2018 Opinion or Order Filing 854 NOTICE by Defendant Dayton Power and Light Company of Withdrawal of Co-Counsel (Gerken, Daniel)
November 13, 2018 Opinion or Order 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.)
November 13, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Teleconference held on 11/13/2018. (rp)
November 5, 2018 Opinion or Order 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.)
October 24, 2018 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/24/2018. (Court Reporter: Debra Futrell) (tp)
October 19, 2018 Opinion or Order 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)
October 18, 2018 Opinion or Order 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)
October 10, 2018 Opinion or Order Filing 850 NOTICE of Appearance by Joseph A Gregg for Defendant Conagra Grocery Products Company (Gregg, Joseph)
October 10, 2018 Opinion or Order 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)
October 5, 2018 Opinion or Order Filing 849 NOTICE of Appearance by Amy A. Klimek for Defendant Valley Asphalt Corporation (Klimek, Amy)
September 24, 2018 Opinion or Order Magistrate Judge Michael J. Newman no longer assigned to case. (pb)
September 20, 2018 Opinion or Order 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)
September 19, 2018 Opinion or Order Filing 847 NOTICE by Defendant Bridgestone Americas Tire Operations LLC of Withdrawal of Co-Counsel (Dressman, E)
September 18, 2018 Opinion or Order 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)
August 20, 2018 Opinion or Order 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.)
August 1, 2018 Opinion or Order 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)
July 31, 2018 Opinion or Order 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)
July 24, 2018 Opinion or Order Filing 842 NOTICE by Defendant Valley Asphalt Corporation of Rebuttal Expert Designation (Hanna, Robert)
July 10, 2018 Opinion or Order 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)
July 5, 2018 Opinion or Order 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).
June 20, 2018 Opinion or Order 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)
June 12, 2018 Opinion or Order 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)
May 25, 2018 Opinion or Order 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)
May 24, 2018 Opinion or Order 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)
May 18, 2018 Opinion or Order Filing 836 NOTICE by Defendant Valley Asphalt Corporation of Expert Designation (Kelly, Melissa)
May 14, 2018 Opinion or Order Filing 835 NOTICE of Appearance by Daniel John Donnellon for Plaintiffs Kelsey-Hayes Company, NCR Corporation (Donnellon, Daniel)
May 9, 2018 Opinion or Order 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)
May 4, 2018 Opinion or Order Filing 833 NOTICE of Appearance by Robert J Hanna for Defendant Valley Asphalt Corporation (Hanna, Robert)
May 3, 2018 Opinion or Order 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.)
May 2, 2018 Opinion or Order 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.)
May 2, 2018 Opinion or Order 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)
May 1, 2018 Opinion or Order Filing 830 MOTION Designate New Trial Attorney by Cross Defendant Waste Management of Ohio, Inc.. (Dortch, Michael)
May 1, 2018 Opinion or Order 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)
March 28, 2018 Opinion or Order 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)
March 27, 2018 Opinion or Order 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)
March 21, 2018 Opinion or Order 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)
March 19, 2018 Opinion or Order 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)
March 8, 2018 Opinion or Order Filing 824 Mail Returned as Undeliverable re #823 . Mail sent to David Karl Brown. (kma)
February 20, 2018 Opinion or Order 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)
February 16, 2018 Opinion or Order 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)
February 16, 2018 Opinion or Order Filing 821 NOTICE by Cross Defendant Conagra Grocery Products Company Of Withdrawal of Co-Counsel (Fisher-Edwards, Suzanne)
February 2, 2018 Opinion or Order 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)
February 1, 2018 Opinion or Order 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)
December 21, 2017 Opinion or Order 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)
December 20, 2017 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/20/2017. (tp)
December 13, 2017 Opinion or Order 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)
December 12, 2017 Opinion or Order 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)
December 12, 2017 Opinion or Order 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)
December 11, 2017 Opinion or Order 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)
December 6, 2017 Opinion or Order 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)
November 30, 2017 Opinion or Order 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)
November 28, 2017 Opinion or Order Filing 813 STATUS REPORT Executive Committee Report by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit A) (Dyer, James)
November 28, 2017 Opinion or Order 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)
November 22, 2017 Opinion or Order 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)
November 20, 2017 Opinion or Order 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)
November 16, 2017 Opinion or Order 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)
November 14, 2017 Opinion or Order 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)
November 13, 2017 Opinion or Order 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)
November 9, 2017 Opinion or Order 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)
November 9, 2017 Opinion or Order 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)
November 9, 2017 Opinion or Order 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)
November 8, 2017 Opinion or Order 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)
November 8, 2017 Opinion or Order Filing 805 CLAIM Answer and Defenses to Amended Cross-Claims of Dayton Power & Light by Defendant Waste Management of Ohio, Inc.. (Nijman, Jennifer)
November 1, 2017 Opinion or Order 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)
October 26, 2017 Opinion or Order Filing 803 ANSWER to #788 Amended CROSSCLAIM and COUNTERCLAIM by Cross Defendant Flowserve Corporation. (Haughey, Stephen) Modified on 10/26/2017 (pb).
October 20, 2017 Opinion or Order 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)
October 20, 2017 Opinion or Order 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)
October 20, 2017 Opinion or Order Filing 800 CLAIM (Answer to Defendant Dayton Power & Light Company's Amended Counterclaim and Crossclaim) by Defendant Harris Corporation. (Sherwood, Robert)
October 19, 2017 Opinion or Order Filing 799 ANSWER to #788 Amended CROSSCLAIM and COUNTERCLAIM by Franklin Iron & Metal Corp. (sct)
October 19, 2017 Opinion or Order 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)
October 19, 2017 Opinion or Order 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)
October 19, 2017 Opinion or Order 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)
October 18, 2017 Opinion or Order Filing 795 CLAIM Answer to Defendant The Dayton Power and Light Company's Amended Crossclaim by Defendant Dayton Industrial Drum, Inc.. (Costello, Shannon)
October 17, 2017 Opinion or Order Filing 794 MOTION to Dismiss Defendant Valley Asphalt Corporation's Amended Counterclaim by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
October 16, 2017 Opinion or Order Filing 793 CLAIM Answer to the Amended Cross-Claim of Dayton Power and Light Company by Defendant Conagra Grocery Products Company. (Andreasen, John)
October 16, 2017 Opinion or Order 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)
October 16, 2017 Opinion or Order Filing 791 CLAIM Answer to Amended Counterclaim and Cross-Claim by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
October 12, 2017 Opinion or Order 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)
October 6, 2017 Opinion or Order 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)
October 6, 2017 Opinion or Order 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)
October 5, 2017 Opinion or Order Filing 788 Amended COUNTERCLAIM against All Plaintiffs, Amended CROSSCLAIM against All Defendants, filed by Dayton Power and Light Company. (Campbell, Drew)
October 5, 2017 Opinion or Order 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)
October 5, 2017 Opinion or Order 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)
October 3, 2017 Opinion or Order 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)
October 2, 2017 Opinion or Order 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)
September 29, 2017 Opinion or Order 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)
September 29, 2017 Opinion or Order 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)
September 28, 2017 Opinion or Order 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)
September 27, 2017 Opinion or Order 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)
September 27, 2017 Opinion or Order 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)
September 27, 2017 Opinion or Order 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)
September 27, 2017 Opinion or Order 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)
September 26, 2017 Opinion or Order 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)
September 22, 2017 Opinion or Order 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).
September 22, 2017 Opinion or Order 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)
September 11, 2017 Opinion or Order Filing 779 Mail Returned as Undeliverable re #774 . Mail sent to David Karl Brown (kma)
September 7, 2017 Opinion or Order 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)
September 7, 2017 Opinion or Order 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)
September 5, 2017 Opinion or Order 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)
September 5, 2017 Opinion or Order 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)
September 5, 2017 Opinion or Order 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)
August 31, 2017 Opinion or Order Filing 775 Mail Returned as Undeliverable. Mail sent to David Karl Brown re #762 . (kma)
August 29, 2017 Opinion or Order 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)
August 28, 2017 Opinion or Order 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)
August 28, 2017 Opinion or Order 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)
August 25, 2017 Opinion or Order Filing 772 Unopposed MOTION for Leave to File Sur-Surreply by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit A) (Nijman, Jennifer)
August 24, 2017 Opinion or Order 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)
August 24, 2017 Opinion or Order 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)
August 24, 2017 Opinion or Order 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)
August 23, 2017 Opinion or Order 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)
August 22, 2017 Opinion or Order 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)
August 21, 2017 Opinion or Order 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)
August 21, 2017 Opinion or Order Filing 765 Supplemental Memorandum Opposing re #695 Amended MOTION for Summary Judgment filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
August 21, 2017 Opinion or Order 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)
August 21, 2017 Opinion or Order 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)
August 18, 2017 Opinion or Order 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)
August 18, 2017 Opinion or Order 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)
August 18, 2017 Opinion or Order Filing 761 MOTION for Leave to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
August 18, 2017 Opinion or Order 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)
August 18, 2017 Opinion or Order Filing 759 MOTION for Leave to File Surreply by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
August 18, 2017 Opinion or Order Filing 758 NOTICE of Appearance by Toby K Henderson for Plaintiffs Kelsey-Hayes Company, NCR Corporation (Henderson, Toby)
August 18, 2017 Opinion or Order NOTICE: The telephone conference set for 8/18/2017 at 4:45 PM is canceled. (tp)
August 18, 2017 Opinion or Order NOTATION ORDER sustaining #756 Motion for Extension of Time. Signed by Judge Walter H. Rice on 08/18/2017. (tp)
August 17, 2017 Opinion or Order 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)
August 17, 2017 Opinion or Order Filing 756 Unopposed MOTION for Extension of Time New date requested 8/21/2017. by Defendant Sherwin-Williams Company. (Eddy, Robert)
August 16, 2017 Opinion or Order 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)
August 16, 2017 Opinion or Order 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)
August 11, 2017 Opinion or Order 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)
August 11, 2017 Opinion or Order Filing 752 REPLY to Response to Motion re #679 MOTION for Summary Judgment filed by Defendant Cox Media Group Ohio Inc. (Farolino, Shane)
August 10, 2017 Opinion or Order 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)
August 9, 2017 Opinion or Order Filing 751 REPLY to Response to Motion re #326 MOTION for Summary Judgment corrected filed by Defendant Franklin Iron & Metal Corp. (Thumann, Robert)
August 9, 2017 Opinion or Order Filing 750 REPLY to Response to Motion re #695 Amended MOTION for Summary Judgment filed by Defendant Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
August 9, 2017 Opinion or Order Filing 749 BRIEF re #687 MOTION for Summary Judgment by Defendant Sherwin-Williams Company. (Eddy, Robert)
August 9, 2017 Opinion or Order 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)
August 9, 2017 Opinion or Order 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)
August 9, 2017 Opinion or Order Filing 745 REPLY to Response to Motion re #677 MOTION for Summary Judgment filed by Defendant Harris Corporation. (Sherwood, Robert)
August 9, 2017 Opinion or Order 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)
August 9, 2017 Opinion or Order 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)
August 9, 2017 Opinion or Order NOTICE OF CANCELATION: The telephone conference call scheduled for 2:45 PM today (8/9/2017) has been canceled and will be rescheduled. (tp)
August 8, 2017 Opinion or Order Filing 742 Joint MOTION to Amend/Correct Omnibus Scheduling Order by Defendant Waste Management of Ohio, Inc.. (Attachments: #1 Exhibit 1) (Nijman, Jennifer)
August 4, 2017 Opinion or Order 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)
August 3, 2017 Opinion or Order 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)
August 2, 2017 Opinion or Order 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)
August 1, 2017 Opinion or Order 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)
July 31, 2017 Opinion or Order Filing 737 Joint MOTION to Drop Defendant Van Dyne-Crotty Co. by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 31, 2017 Opinion or Order Filing 736 Mail Returned as Undeliverable. Mail sent to David Karl Brown re #701 . (kma)
July 31, 2017 Opinion or Order Filing 735 NOTICE of Appearance by E Chase Dressman for Defendants Bridgestone Americas Tire Operations LLC, Bridgestone Firestone Inc (Dressman, E)
July 27, 2017 Opinion or Order 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)
July 27, 2017 Opinion or Order 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)
July 27, 2017 Opinion or Order Filing 732 DEPOSITION of Henry Jordan taken on 09/17/2013 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 27, 2017 Opinion or Order Filing 731 DEPOSITION of Jerry Baker taken on 05/04/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 27, 2017 Opinion or Order Filing 730 DEPOSITION of George E. Morris, Jr. taken on 05/05/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 27, 2017 Opinion or Order Filing 729 DEPOSITION of P. Richard Hartle taken on 05/05/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 27, 2017 Opinion or Order Filing 728 NOTICE of Substitution of Counsel - Stephen W Funk substituting for John Heer as to Defendant Cox Media Group Ohio Inc. (Funk, Stephen)
July 27, 2017 Opinion or Order 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)
July 27, 2017 Opinion or Order NOTATION ORDER sustaining #719 Motion to File Document Under Seal Number 704. Signed by Judge Walter H. Rice on 07/27/2017. (tp)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order Filing 719 MOTION to File Document Under Seal Document Number 704 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order 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)
July 26, 2017 Opinion or Order Filing 717 DEPOSITION of William Dybvad taken on 02/17/2015 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 716 DEPOSITION of Vernon Vencill taken on 04/14/2015 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 715 DEPOSITION of Thomas Spence taken on 05/29/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 714 DEPOSITION of Robert Roberts taken on 12/06/2016 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 713 DEPOSITION of Joseph Pizzino taken on 05/29/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 712 DEPOSITION of James Tharpe taken on 01/17/2012 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 711 DEPOSITION of James McDonald taken on 11/12/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 710 DEPOSITION of James Forney taken on 03/28/2017 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 709 DEPOSITION of Horace Boesch taken on 12/02/2011 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 708 DEPOSITION of Horace Boesch taken on 10/23/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 707 DEPOSITION of Horace Boesch taken on 02/28/2006 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 706 DEPOSITION of Gregory Edsall taken on 01/06/2017 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order Filing 705 DEPOSITION of David Grillot taken on 05/28/2014 by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
July 26, 2017 Opinion or Order 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)
July 18, 2017 Opinion or Order 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)
July 18, 2017 Opinion or Order 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)
July 14, 2017 Opinion or Order 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)
July 12, 2017 Opinion or Order 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)
July 11, 2017 Opinion or Order 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)
July 7, 2017 Opinion or Order Filing 698 Supplemental Memorandum Supporting re #326 MOTION for Summary Judgment corrected filed by Defendant Franklin Iron & Metal Corp. (Thumann, Robert)
July 6, 2017 Opinion or Order Filing 697 NOTICE by Defendant Flowserve Corporation of Filing of Deposition Transcripts (Haughey, Stephen)
July 6, 2017 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 7/6/2017. (Court Reporter: Debra Futrell) (tp)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order Filing 689 NOTICE by Defendant Franklin Iron & Metal Corp re #688 Supplemental - Supporting filing deposition transcript Greg Clouse (Attachments: #1 Exhibit) (Thumann, Robert)
July 5, 2017 Opinion or Order Filing 688 Supplemental Memorandum Supporting re #326 MOTION for Summary Judgment filed by Defendant Franklin Iron & Metal Corp. (Thumann, Robert)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order Filing 675 NOTICE OF FILING DEPOSITION of Timothy Bailey by Defendant Sherwin-Williams Company. (Attachments: #1 Bailey Dejposition Transcript) (Eddy, Robert)
July 5, 2017 Opinion or Order Filing 674 NOTICE OF FILING DEPOSITION of Greg Edsall by Defendant Sherwin-Williams Company. (Attachments: #1 Edsall Deposition Transcript) (Eddy, Robert)
July 5, 2017 Opinion or Order Filing 673 NOTICE OF FILING DEPOSITION of Edward Grillot by Defendant Sherwin-Williams Company. (Attachments: #1 Grillot Deposition Transcript) (Eddy, Robert)
July 5, 2017 Opinion or Order Filing 672 MOTION for Summary Judgment by Defendant Van Dyne Crotty Co. (Attachments: #1 Exhibit 1 - Affidavit of Timothy Crotty) (Carpenter, James)
July 5, 2017 Opinion or Order 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)
July 5, 2017 Opinion or Order NOTATION ORDER sustaining #670 Plaintiffs' Motion to File Surreply. Signed by Judge Walter H. Rice on 07/05/2017. (tp)
July 3, 2017 Opinion or Order 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)
June 29, 2017 Opinion or Order Filing 670 MOTION to File Surreply re #667 Reply (non motion),, by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Attachments: #1 Exhibit 1) (Dyer, James)
June 29, 2017 Opinion or Order 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)
June 22, 2017 Opinion or Order 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)
June 21, 2017 Opinion or Order 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)
June 21, 2017 Opinion or Order Filing 666 NOTICE by Defendant Flowserve Corporation Notice of Rule 68 Offer of Judgment to Plaintiffs (Haughey, Stephen)
June 19, 2017 Opinion or Order 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)
June 19, 2017 Opinion or Order 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)
June 19, 2017 Opinion or Order 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)
June 16, 2017 Opinion or Order 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)
June 15, 2017 Opinion or Order 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)
June 12, 2017 Opinion or Order NOTATION ORDER sustaining #661 Joint Unopposed Motion to Amend/Correct Scheduling Order Deadlines. Signed by Judge Walter H. Rice on 06/12/2017. (tp)
June 9, 2017 Opinion or Order 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)
June 8, 2017 Opinion or Order 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)
June 8, 2017 Opinion or Order 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)
June 6, 2017 Opinion or Order Filing 659 NOTICE of Change of Address by William Wick (Wick, William)
June 5, 2017 Opinion or Order 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)
May 31, 2017 Opinion or Order NOTATION ORDER approving - re #657 Stipulation filed by Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 05-31-2017. (tp)
May 30, 2017 Opinion or Order Filing 657 STIPULATION Concerning Depositions of Mike Turner and Willie Jones by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
May 30, 2017 Opinion or Order 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)
May 26, 2017 Opinion or Order Filing 655 RESPONSE in Opposition re #647 MOTION to Compel and Memorandum in Support filed by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
May 26, 2017 Opinion or Order 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)
May 22, 2017 Opinion or Order 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)
May 18, 2017 Opinion or Order 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).
May 17, 2017 Opinion or Order 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)
May 16, 2017 Opinion or Order 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)
May 15, 2017 Opinion or Order 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)
May 15, 2017 Opinion or Order 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)
May 15, 2017 Opinion or Order 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)
May 15, 2017 Opinion or Order Filing 648 STIPULATION CONCERNING DEPOSITION OF EARL REEDER by Defendant Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
May 5, 2017 Opinion or Order 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)
April 27, 2017 Opinion or Order NOTATION ORDER APPROVING - re #646 Stipulation filed by Kelsey-Hayes Company, NCR Corporation. Signed by Judge Walter H. Rice on 04/27/17. (tp)
April 24, 2017 Opinion or Order Filing 646 STIPULATION Governing Harris Corporation's Proposed Rule 30(b)(6) Deposition by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
April 6, 2017 Opinion or Order 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)
March 31, 2017 Opinion or Order 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)
March 28, 2017 Opinion or Order 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)
March 27, 2017 Opinion or Order Filing 642 MOTION to Clarify Order on Motion for Leave to File Sixth Amended Complaint by Plaintiffs Kelsey-Hayes Company, NCR Corporation. (Dyer, James)
March 27, 2017 Opinion or Order 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)
March 23, 2017 Opinion or Order 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)
March 22, 2017 Opinion or Order 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)
March 21, 2017 Opinion or Order 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)
March 21, 2017 Opinion or Order 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)
March 17, 2017 Opinion or Order 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)
March 16, 2017 Opinion or Order 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)
March 16, 2017 Opinion or Order 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)
March 15, 2017 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 3/15/2017. (Court Reporter: Debra Futrell) (Futrell, Debra)
March 14, 2017 Opinion or Order 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)
March 13, 2017 Opinion or Order 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)
March 13, 2017 Opinion or Order 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)
March 9, 2017 Opinion or Order 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)
March 2, 2017 Opinion or Order 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)
March 2, 2017 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 3/2/2017. (Court Reporter: Debra Futrell) (jdf)
March 2, 2017 Opinion or Order 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)
March 1, 2017 Opinion or Order 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)
March 1, 2017 Opinion or Order NOTATION ORDER sustaining #624 Motion for Leave to File Sixth Amended Complaint. Signed by Judge Walter H. Rice on 3/1/2017. (jdf)
March 1, 2017 Opinion or Order 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)
February 28, 2017 Opinion or Order 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)
February 27, 2017 Opinion or Order 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)
February 24, 2017 Opinion or Order NOTICE of Hearing: Docket Call set for 2/28/2017 04:30 PM by Teleconference before Judge Walter H. Rice. (pb)
February 22, 2017 Opinion or Order 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)
February 22, 2017 Opinion or Order 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)
February 16, 2017 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 2/16/2017. (Court Reporter: Debra Futrell) (jdf)
January 31, 2017 Opinion or Order 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)
January 27, 2017 Opinion or Order Filing 621 AGREED PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 1/27/2017. (jdf)
January 27, 2017 Opinion or Order Filing 620 ANSWER to #506 Crossclaim filed by La Mirada Products Co., Inc. (Dressman, E)
January 27, 2017 Opinion or Order NOTATION ORDER sustaining #619 Motion for Protective Order. Signed by Judge Walter H. Rice on 1/27/2017. (jdf)
January 26, 2017 Opinion or Order 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)
January 9, 2017 Opinion or Order 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)
January 9, 2017 Opinion or Order 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)
January 6, 2017 Opinion or Order 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)
December 22, 2016 Opinion or Order 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)
December 22, 2016 Opinion or Order 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)
December 22, 2016 Opinion or Order 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)
December 22, 2016 Opinion or Order 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)
December 22, 2016 Opinion or Order Filing 611 ANSWER to #499 Crossclaim,,,,, filed by Dryden Road Investments, LLC. (Gray, Michael)
December 22, 2016 Opinion or Order Filing 610 ANSWER to #501 Crossclaim,,,,, filed by Dryden Road Investments, LLC. (Gray, Michael)
December 22, 2016 Opinion or Order Filing 609 ANSWER to #503 Counterclaim,,, Crossclaim,, filed by Dryden Road Investments, LLC. (Gray, Michael)
December 22, 2016 Opinion or Order NOTATION ORDER sustaining #594 Motion for Extension of Time to Answer. Signed by Judge Walter H. Rice on 12/22/2016. (djv)
December 16, 2016 Opinion or Order 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)
December 15, 2016 Opinion or Order 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)
December 14, 2016 Opinion or Order Filing 606 ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Ronald H. Barnett. (Pierce, David)
December 14, 2016 Opinion or Order Filing 605 ANSWER to #501 Crossclaim,,,,, of The Sherwin-Williams Company filed by Ronald H. Barnett. (Pierce, David)
December 14, 2016 Opinion or Order Filing 604 ANSWER to #503 Counterclaim,,, Crossclaim,, of Flowserve Corporation filed by Ronald H. Barnett. (Pierce, David)
December 14, 2016 Opinion or Order Filing 603 ANSWER to #501 Crossclaim,,,,, of Sherwin-Williams Company filed by La Mirada Products Co., Inc. (Dressman, E)
December 14, 2016 Opinion or Order 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)
December 14, 2016 Opinion or Order Filing 601 ANSWER to Complaint re: #493 Third Party Complaint filed by Ronald H. Barnett. (Pierce, David) Modified on 12/14/2016 (pb).
December 14, 2016 Opinion or Order NOTATION ORDER sustaining #600 Motion to Withdraw as Attorney.. Signed by Judge Walter H. Rice on 12/14/2016. (jdf)
December 13, 2016 Opinion or Order Filing 600 MOTION to Withdraw as Attorney by Defendant Kimberly-Clark Corporation. (Slack, Sarah)
December 13, 2016 Opinion or Order 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)
December 12, 2016 Opinion or Order Filing 598 Corporate Disclosure Statement by ThirdParty Defendant Dryden Road Investments, LLC. (Gray, Michael)
December 12, 2016 Opinion or Order Filing 597 ANSWER to #493 Third Party Complaint, filed by Dryden Road Investments, LLC. (Gray, Michael)
December 12, 2016 Opinion or Order 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)
December 6, 2016 Opinion or Order 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)
December 5, 2016 Opinion or Order NOTATION ORDER sustaining #569 Motion for Extension of Time. Signed by Judge Walter H. Rice on 12/5/2016. (jdf)
December 2, 2016 Opinion or Order 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)
December 2, 2016 Opinion or Order Filing 593 Corporate Disclosure Statement by ThirdParty Defendant Ronald H. Barnett. (Pierce, David)
December 2, 2016 Opinion or Order Filing 592 NOTICE of Appearance by David Philip Pierce for ThirdParty Defendant Ronald H. Barnett (Pierce, David)
December 1, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order Filing 589 ANSWER to #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, of Dayton Power and Light Company filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 588 ANSWER to #497 Crossclaim,, of Pharmacia LLC filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 587 ANSWER to #498 Crossclaim of Cox Media Group Ohio, Inc. filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 586 ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 585 ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, of Harris Corporation filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 584 ANSWER to #501 Crossclaim,,,,, of Sherwin-Williams Company filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 583 ANSWER to #506 Crossclaim of Bridgestone Americas Tire Operations LLC's filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order Filing 582 ANSWER to #446 Answer to Amended Complaint, Crossclaim, Counterclaim of Coca-Cola Refreshments USA, Inc. filed by Kimberly-Clark Corporation. (Slack, Sarah)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order Filing 580 ANSWER to #503 Counterclaim,,, Crossclaim,, of Flowserve Corporation filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 579 ANSWER to #498 Crossclaim of Cox Media Group of Ohio filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 578 ANSWER to #501 Crossclaim,,,,, of Sherwin Williams Company filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 577 ANSWER to #497 Crossclaim,, of Pharmacia LLC filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 576 ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 575 ANSWER to #449 Answer to Amended Complaint, Crossclaim, Counterclaim of Kimberly-Clark filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 574 ANSWER to #506 Crossclaim of Bridgestone Americas Tire Operations, LLC filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order Filing 573 ANSWER to #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, filed by Harris Corporation. (Sherwood, Robert)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order Filing 568 Dayton Power and Light Company's ANSWER to #497 Crossclaim,, of Defendant Pharmacia filed by Dayton Power and Light Company. (Merrill, Frank)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order 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)
November 30, 2016 Opinion or Order Filing 560 ANSWER to #503 Counterclaim,,, Crossclaim,, filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 559 ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 558 ANSWER to #499 Crossclaim,,,,, filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 557 ANSWER to #498 Crossclaim filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 556 Dayton Power and Light Company's ANSWER to #501 Crossclaim,,,,, of Sherwin-Williams filed by Dayton Power and Light Company. (Merrill, Frank)
November 30, 2016 Opinion or Order Filing 555 ANSWER to #497 Crossclaim,, filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 554 ANSWER to #449 Answer to Amended Complaint, Crossclaim, Counterclaim filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 553 ANSWER to #446 Answer to Amended Complaint, Crossclaim, Counterclaim filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 552 ANSWER to #437 Answer to Amended Complaint,,,,,,, Crossclaim,,,,,,, Counterclaim,,,,,, filed by La Mirada Products Co., Inc. (Dressman, E)
November 30, 2016 Opinion or Order Filing 551 ANSWER to #506 Crossclaim of Bridgestone Americas Tire Operations, LLC (Amended) filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
November 30, 2016 Opinion or Order Filing 550 ANSWER to #497 Crossclaim,, of Pharmacia LLC filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
November 30, 2016 Opinion or Order Filing 549 ANSWER to #501 Crossclaim,,,,, of The Sherwin-Williams Company filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
November 30, 2016 Opinion or Order Filing 548 ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, of Harris Corporation filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
November 30, 2016 Opinion or Order Filing 547 ANSWER to #499 Crossclaim,,,,, of Waste Management of Ohio, Inc. filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
November 30, 2016 Opinion or Order Filing 546 ANSWER to #498 Crossclaim of Cox Media Group Ohio, Inc. filed by Coca-Cola Refreshments USA, Inc.. (Knowlton, Leah)
November 29, 2016 Opinion or Order 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)
November 28, 2016 Opinion or Order 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)
November 23, 2016 Opinion or Order 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)
November 23, 2016 Opinion or Order Filing 542 Defendant The Peerless Transportation Company's ANSWER to #501 Crossclaim,,,,, of Defendant Sherwin-Williams Company filed by Peerless Transportation Company. (Fry, William)
November 23, 2016 Opinion or Order Filing 541 Defendant The Peerless Corporation's ANSWER to #503 Counterclaim,,, Crossclaim,, of Flowserve Corporation filed by Peerless Transportation Company. (Fry, William)
November 23, 2016 Opinion or Order Filing 540 Defendant The Peerless Transportation Company's ANSWER to #499 Crossclaim,,,,, Amended of Defendant Waste Management filed by Peerless Transportation Company. (Fry, William)
November 23, 2016 Opinion or Order 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)
November 23, 2016 Opinion or Order 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)
November 23, 2016 Opinion or Order 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)
November 23, 2016 Opinion or Order 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)
November 22, 2016 Opinion or Order 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)
November 22, 2016 Opinion or Order 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)
November 22, 2016 Opinion or Order Filing 533 ANSWER to #506 Crossclaim filed by DAP Products, Inc.. (Coughlin, William)
November 22, 2016 Opinion or Order Filing 532 ANSWER to #503 Counterclaim,,, Crossclaim,, filed by DAP Products, Inc.. (Coughlin, William)
November 22, 2016 Opinion or Order Filing 531 ANSWER to #501 Crossclaim,,,,, filed by DAP Products, Inc.. (Coughlin, William)
November 22, 2016 Opinion or Order Filing 530 ANSWER to #500 Amended Answer to Complaint,,, Crossclaim,, filed by DAP Products, Inc.. (Coughlin, William)
November 22, 2016 Opinion or Order Filing 529 ANSWER to #499 Crossclaim,,,,, filed by DAP Products, Inc.. (Coughlin, William)
November 22, 2016 Opinion or Order Filing 528 ANSWER to #498 Crossclaim filed by DAP Products, Inc.. (Coughlin, William)
November 22, 2016 Opinion or Order Filing 527 ANSWER to #497 Crossclaim,, filed by DAP Products, Inc.. (Coughlin, William)
November 21, 2016 Opinion or Order 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)
November 18, 2016 Opinion or Order 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)
November 18, 2016 Opinion or Order Filing 524 STIPULATION Stipulated Extension of Time to Answer or Otherwise Respond to the Complaint by ThirdParty Defendant Dryden Road Investments, LLC. (Siegel, Steve)
November 15, 2016 Opinion or Order Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 11/15/2016. (Court Reporter: Debra Futrell) (jdf)
November 13, 2016 Opinion or Order Filing 523 NOTICE of Appearance by Timothy David Hoffman for Third Party Defendants Dryden Road Investments, LLC, Dryden Road Investments, LLC (Hoffman, Timothy)
November 13, 2016 Opinion or Order 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)
November 13, 2016 Opinion or Order Filing 521 NOTICE of Appearance by Steve N Siegel for Third Party Defendants Dryden Road Investments, LLC, Dryden Road Investments, LLC (Siegel, Steve)
November 13, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 10, 2016 Opinion or Order 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)
November 9, 2016 Opinion or Order 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)
November 7, 2016 Opinion or Order 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)
November 3, 2016 Opinion or Order 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)
November 3, 2016 Opinion or Order 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)
November 2, 2016 Opinion or Order Filing 506 CROSSCLAIM Defendant Bridgestone Americas Tire Operations LLC's Amended Crossclaims against All Defendants, filed by Bridgestone Firestone Inc. (Wick, William)
November 2, 2016 Opinion or Order Filing 505 SUMMONS Returned Executed as to ThirdParty Plaintiff Dayton Power and Light Company, Third Party Defendants Ronald H. Barnett, Dryden Road Investments, LLC, Jim City Salvage Inc, South Dayton Land Fill Remediation Trust. Ronald H. Barnett served on 10/31/2016, answer due 11/21/2016; Dryden Road Investments, LLC served on 10/31/2016, answer due 11/21/2016; Jim City Salvage Inc served on 10/31/2016, answer due 11/21/2016; South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee) served on 10/31/2016, answer due 11/21/2016. (kma)
November 1, 2016 Opinion or Order Filing 504 CROSSCLAIM Bridgestone Americas Tire Operations LLC's Crossclaims Against All Defendants against All Defendants, filed by Bridgestone Americas Tire Operations LLC. (Wick, William)
November 1, 2016 Opinion or Order Filing 503 COUNTERCLAIM against All Plaintiffs, CROSSCLAIM against B&D Limited Properties LTD, Ronald H. Barnett, Conagra Grocery Products Company, DAP Products, Inc., Dayton Industrial Drum, Inc., Dayton Power and Light Company, Dryden Road Investments, LLC, Franklin Iron & Metal Corp, Harris Corporation, Jim City Salvage Inc, La Mirada Products Co., Inc, Peerless Transportation Company, Pharmacia LLC, a Delaware Limited Liability Company, South Dayton Land Fill Remediation Trust(Horace J. Boesche, Jr., Co-Trustee and Mark Fornes, Co-Trustee), Van Dyne Crotty Co, filed by Flowserve Corporation. (Haughey, Stephen)
November 1, 2016 Opinion or Order Filing 502 NOTICE by Defendant Cox Media Group Ohio Inc Supplement to Rule 26(a)(1) Initial Disclosures (Attachments: #1 Exhibit A - Initial Disclosures of Defendant Cox Media Group Ohio, Inc.) (Farolino, Shane)
November 1, 2016 Opinion or Order