Emhart Industries, Inc. v. New England Container Company, Inc et al
Plaintiff: Emhart Industries, Inc
Defendant: Providence Washington Insurance Company, Inc., Travelers Casualty and Surety Company, United States Department of the Navy, United States Department of Defense, Michael B. Donley, Ray Mabus, Leon E. Panetta, Greystone Incorporated and Induplate Operations, LLC
Petitioner: Rhodes Technologies, Inc., The Dow Chemical Company and Win Noren
Counter Claimant: New England Container Company, Inc, Black & Decker Inc., Organic Dyestuffs Corp. and Teknor Apex Co.
Counter Defendant: United States Department of the Air Force
Cross Claimant: The United States of America and Black & Decker, Inc.
3Rd Party Defendant: Induplate Inc, Eli Lilly and Company, Univar USA, Inc., Sequa Corporation, CNA Holdings, LLC, Cranston Print Works Co., Duro Textiles, LLC, Sequa Corp., The Original Bradford Soap Works, Inc., Union Oil Company of California, Cal Chemical Corporation, Eastern Resins Corporation, Eastern Color & Chemical Company, Tanner Industries, Northeast Products Co., Woburn Steel Drum, Inc., A. Harrison & Co., Inc., Akzo Nobel N.V., Bayer Corp., Eastern Color & Chemical Co., Eastern Resins Corp., Henkel Corp., Hexagon Metrology, Inc., Indusol, Inc., Ingredion Inc., Ivax LLC, Lanxess Sybron Chemicals, Inc., Olin Corp., Phibro Animal Health Corp. and Unilever United States, Inc.
4Th Party Plaintiff: BASF Corp.
3Rd Party Plaintiff: Black & Decker Inc
4Th Party Defendant: ConocoPhillips Company and Rohm and Haas Company
Cross Defendant: BNS, LLC
Not Classified By Court: Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc, Eastern Color & Chemical Co, Teknor-Apex and BNS Co. f/k/a Browne & Sharpe Manufacturing Co
Case Number: 1:2006cv00218
Filed: May 11, 2006
Court: US District Court for the District of Rhode Island
Office: Providence Office
Presiding Judge: Lincoln D Almond
Referring Judge: William E Smith
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. § 9607 Real Property Tort to Land
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2023 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting #1005 Motion to Appear Pro Hac Vice of Joel R. Glover in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 11/13/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Gonzalez Gomez, Viviana)
November 13, 2023 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting #1006 Motion to Appear Pro Hac Vice of Tyler A. Self in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 11/13/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Gonzalez Gomez, Viviana)
November 10, 2023 Opinion or Order Filing 1201 MOTION for Tyler A. Self to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1930094 ) filed by Exxon Mobil Corporation, Union Oil Company of California. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Souza, Randall)
November 10, 2023 Opinion or Order Filing 1200 MOTION for Joel R. Glover to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1930093 ) filed by Exxon Mobil Corporation, Union Oil Company of California. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Souza, Randall)
November 2, 2023 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Discovery Hearing held on 11/2/2023. (Zoom at 9:40 AM) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
October 27, 2023 Opinion or Order NOTICE of Hearing: Discovery Dispute Conference set for 11/2/2023 at 9:30 AM before District Judge William E. Smith. This is a non-public hearing for attorneys of record only. (Zoom Meeting ID: 161 071 7932, Passcode: 499823) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nissheneyra)
October 2, 2023 Opinion or Order Filing 1199 NOTICE of Appearance by Stephanie F. Friedel on behalf of CNA Holdings, LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Friedel, Stephanie)
October 2, 2023 Opinion or Order Filing 1198 NOTICE of Appearance by Stephanie F. Friedel on behalf of CNA Holdings, LLC (Friedel, Stephanie)
September 18, 2023 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (1002) Motion to Appear Pro Hac Vice of David P. Schneider in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 9/18/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Kenny, Meghan)
September 18, 2023 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (1003) Motion to Appear Pro Hac Vice of Paola Toro in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 9/18/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Kenny, Meghan)
September 15, 2023 Opinion or Order Filing 1197 MOTION for Paola Toro to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1910163 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Oliverio, Matthew)
September 15, 2023 Opinion or Order Filing 1196 MOTION for David P. Schneider to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1910156 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Oliverio, Matthew)
September 15, 2023 Opinion or Order Filing 1195 NOTICE by BASF Corp. of Withdrawal of Appearance of Michael T. Hensley Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Oliverio, Matthew)
September 15, 2023 Opinion or Order Filing 1194 NOTICE by BASF Corp. of Withdrawal of Appearance of Lauren E. Fenton-Valdivia Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Oliverio, Matthew)
July 13, 2023 Opinion or Order Filing 1193 MOTION for Susan E. Brice to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1891074 ) filed by Eli Lilly and Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(White, Todd)
July 13, 2023 Opinion or Order Filing 1192 MOTION for Jennifer T. Nijman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1891054 ) filed by Eli Lilly and Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(White, Todd)
July 13, 2023 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (998) Motion to Appear Pro Hac Vice of Jennifer T. Nijman in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 7/13/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(DaCruz, Kayla)
July 13, 2023 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (999) Motion to Appear Pro Hac Vice of Susan E. Brice in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 7/13/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(DaCruz, Kayla)
June 30, 2023 Opinion or Order Filing 1191 ORDER entering 16th Case Management Order. So Ordered by District Judge William E. Smith on 6/30/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
June 5, 2023 Opinion or Order Filing 1190 MOTION for Connor B. Walby to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1878134 ) filed by Eli Lilly and Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(White, Todd)
June 5, 2023 Opinion or Order TEXT ORDER granting #1190 Motion to Appear Pro Hac Vice of Connor B. Walby. So Ordered by District Judge William E. Smith on 6/5/2023. (Kenny, Meghan)
April 26, 2023 Opinion or Order Filing 1189 CASE MANAGEMENT ORDER #15 entered. So Ordered by District Judge William E. Smith on 4/26/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nissheneyra)
December 15, 2022 Opinion or Order Filing 1188 MOTION for Meredith L. Compton to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1823071 ) filed by CNA Holdings, LLC. (Duffy, Robert)
December 15, 2022 Opinion or Order TEXT ORDER granting #1188 Motion to Appear Pro Hac Vice of Meredith L. Compton. So Ordered by District Judge William E. Smith on 12/15/2022. (DaCruz, Kayla)
November 28, 2022 Opinion or Order Filing 1186 TRANSCRIPT of Motion held on 09/13/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2022. Redacted Transcript Deadline set for 12/29/2022. Release of Transcript Restriction set for 2/27/2023. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Schwam, Lisa)
November 28, 2022 Opinion or Order Filing 1185 TRANSCRIPT of Motion held on 09/13/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2022. Redacted Transcript Deadline set for 12/29/2022. Release of Transcript Restriction set for 2/27/2023. (Schwam, Lisa)
October 31, 2022 Opinion or Order NOTICE of Hearing: Status Conference rescheduled for 11/7/2022 at 11:00 AM by Zoom before District Judge William E. Smith. Zoom access information will be emailed to counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
October 27, 2022 Opinion or Order Filing 1184 MEMORANDUM AND ORDER: As held in the Court's September 22, 2022, Text Order, the Court denies ECF Nos. #890 , #893 , #894 , #896 , #898 , #900 , #902 , #904 , #908 , #910 , #912 . It also denies Henkel Corporation's Motion for Summary Judgment, ECF No. #914 , and BASF Corporation's Motion for Summary Judgment, ECF No. #905 , as it relates to Paragon. Both Henkel Corporations and BASF Corporation's Motions may be refiled following expert discovery. So Ordered by District Judge William E. Smith on 10/27/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
October 25, 2022 Opinion or Order NOTICE of Hearing: Status Conference rescheduled for 11/4/2022 at 11:00 AM by Zoom before District Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
October 6, 2022 Opinion or Order Filing 1183 CASE MANAGEMENT ORDER entered. So Ordered by District Judge William E. Smith on 10/6/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
October 6, 2022 Opinion or Order NOTICE of Hearing: Status Conference set for 10/27/2022 at 10:30 AM by Zoom before District Judge William E. Smith. Zoom access information will be emailed to counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
September 28, 2022 Opinion or Order Filing 1182 NOTICE by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC Withdrawal of Appearance of Candee Wilde (Taveras, Angel)
September 22, 2022 Opinion or Order TEXT ORDER: For reasons that will be explained in a forthcoming decision, the Court denies ECF Nos. 893, 894, 896, 898, 900, 902, 904, 908, 910, 912. The Court further denies BASF Corporation's Motion for Summary Judgment, ECF No. 905, and Henkel Corporation's Motion for Summary Judgment, ECF No. 914, but notes that both BASF Corporation's Motion (only as it relates to Paragon) and Henkel Corporation's Motion may have merit due to the lack of factual development, and each may refile their Motions following completion of expert discovery if they choose to do so. In accordance with these rulings, the Court also denies Defendants' omnibus Motion, ECF No. 890. So Ordered by District Judge William E. Smith on 9/22/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Simoncelli, Michael)
September 16, 2022 Opinion or Order Filing 1181 NOTICE by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. of Withdrawal and Change of Address Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Migliaccio, Emily)
September 15, 2022 Opinion or Order Filing 1180 TRANSCRIPT ORDER for proceedings held on 9/13/2022 before Judge William E. Smith. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Vineyard, Daniel)
September 14, 2022 Opinion or Order Filing 1179 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: (1177 in 1:06-cv-00218-WES-LDA, 986 in 1:11-cv-00023-WES-LDA) Transcript Order, (987 in 1:11-cv-00023-WES-LDA, 1178 in 1:06-cv-00218-WES-LDA) Transcript Order. Court Reporter/Transcriber: Lisa Schwam. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Dias, Jennifer)
September 14, 2022 Opinion or Order Filing 1178 TRANSCRIPT ORDER for proceedings held on 09/13/2022 before Judge William Smith. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Petros, Gerald)
September 14, 2022 Opinion or Order Filing 1177 TRANSCRIPT ORDER for proceedings held on 9/13/2022 before Judge Smith. 14-Day Transcript selected. Transcript to be delivered within 14 calendar days.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(McCall, III, Duke)
September 13, 2022 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 9/13/2022 re (1093 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Exxon Mobil Corporation, (1091 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Ivax LLC, IVAX LLC, (1088 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by BASF Corporation, (1081 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Cranston Print Works Co., Cranston Print Works Company, (1073 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by CNA Holdings, LLC, Organic Dyestuffs Corporation, The Original Bradford Soap Works, Inc., Hexagon Metrology, Inc., BASF Corporation, Cranston Print Works Company, Sequa Corporation, Teknor Apex Company, Henkel Corp., BNS Company, Ivax LLC, Exxon Mobil Corporation, Union Oil Company of California, Eastern Color & Chemical Co., IVAX LLC, (1076 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Teknor Apex Co., (1083 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Eastern Color & Chemical Co, Eastern Color & Chemical Company, Eastern Color & Chemical Co., (1077 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Hexagon Metrology, Inc., BNS, LLC, (1097 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Henkel Corp., (1085 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Organic Dyestuffs Corporation, (1087 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by CNA Holdings, LLC, (1079 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by The Original Bradford Soap Works, Inc., (1095 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Union Oil Company of California. Arguments heard. The Court takes the matter under advisement and will issue a ruling at a later time. (Court Reporter Lisa Schwam in Courtroom 3 at 9:35 AM.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
September 13, 2022 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Chambers Conference held on 9/13/2022. Various attorneys present in-person and on Zoom. Parties to confer and send a proposed scheduling order for approval. (Judicial Conference Room at 12:05 PM.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nissheneyra)
July 20, 2022 Opinion or Order Filing 1176 NOTICE by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Migliaccio, Emily)
July 18, 2022 Opinion or Order NOTICE of Hearing: Chambers Conference set for 9/13/2022 at 12:00 PM in Courtroom 1 before District Judge William E. Smith. TAssociated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
July 5, 2022 Opinion or Order NOTICE of Hearing on Motion (912 in 1:11-cv-00023-WES-LDA, 1095 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (900 in 1:11-cv-00023-WES-LDA, 1083 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (896 in 1:11-cv-00023-WES-LDA, 1079 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (894 in 1:11-cv-00023-WES-LDA, 1077 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (910 in 1:11-cv-00023-WES-LDA, 1093 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (908 in 1:11-cv-00023-WES-LDA, 1091 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (893 in 1:11-cv-00023-WES-LDA, 1076 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (890 in 1:11-cv-00023-WES-LDA, 1073 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (904 in 1:11-cv-00023-WES-LDA, 1087 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (905 in 1:11-cv-00023-WES-LDA, 1088 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (902 in 1:11-cv-00023-WES-LDA, 1085 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (898 in 1:11-cv-00023-WES-LDA, 1081 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment, (914 in 1:11-cv-00023-WES-LDA, 1097 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment: Motion Hearing set for 9/13/2022 at 9:30 AM in Courtroom 1 before District Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nissheneyra)
June 30, 2022 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Chambers Conference held on 6/30/2022. Joseph Hovermill, Daniel Vineyard, Duke McCall, Gerald Petros and Berj Parseghian addressed the court. (Courtroom Zoom at 3:05 AM.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nissheneyra)
June 29, 2022 Opinion or Order Filing 1175 NOTICE of Appearance by Shaun Thomas Hogan on behalf of Organic Dyestuffs Corp. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Hogan, Shaun)
June 29, 2022 Opinion or Order NOTICE of Hearing: Chambers Conference set for 6/30/2022 at 3:00 PM by Zoom before District Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nissheneyra)
June 28, 2022 Opinion or Order TEXT ORDER: If Emhart wishes to do so, the Court allows Emhart the opportunity to respond to any evidentiary objections raised in Defendants' replies by July 15, 2022. So Ordered by District Judge William E. Smith on 6/28/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nissheneyra)
June 27, 2022 Opinion or Order Filing 1174 REPLY to Response re (1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, for Summary Judgment filed by Henkel Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Nelson, Monica)
June 27, 2022 Opinion or Order Filing 1173 RESPONSE IN OPPOSITION by BNS, LLC, Hexagon Metrology, Inc. re (1131 in 1:06-cv-00218-WES-LDA, 944 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts, BNS LLC and Hexagon Metrology, Inc.'s Statement in Response to Emhart's Statement of Additional Facts. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
June 27, 2022 Opinion or Order Filing 1172 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, Reply in Further Support of BNS LLC and Hexagon Metrology, Inc.'s Motion for Summary Judgment filed by BNS, LLC, Hexagon Metrology, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
June 27, 2022 Opinion or Order Filing 1171 RESPONSE IN OPPOSITION by The Original Bradford Soap Works, Inc. re (1131 in 1:06-cv-00218-WES-LDA, 944 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts, The Original Bradford Soap Works, Inc.'s Statement in Response to Emhart's Statement of Additional Facts. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
June 27, 2022 Opinion or Order Filing 1170 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, The Original Bradford Soap Works, Inc.'s Reply Memorandum in Further Support of Motion for Summary Judgment filed by The Original Bradford Soap Works, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
June 27, 2022 Opinion or Order Filing 1169 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, filed by Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Callam, Alexandra)
June 27, 2022 Opinion or Order Filing 1168 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, Union Oil Company of California's Reply Memorandum in Further Support of Motion for Summary Judgment filed by Union Oil Company of California. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Vineyard, Daniel)
June 27, 2022 Opinion or Order Filing 1167 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, Exxon Mobil Corporation's Reply Memorandum in Further Support of Motion for Summary Judgment filed by Exxon Mobil Corporation. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Vineyard, Daniel)
June 27, 2022 Opinion or Order Filing 1166 REPLY MEMORANDUM re (1131 in 1:06-cv-00218-WES-LDA, 944 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts, BASF Corporation's Response. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Oliverio, Matthew)
June 27, 2022 Opinion or Order Filing 1165 REPLY to Response re (1109 in 1:06-cv-00218-WES-LDA, 924 in 1:11-cv-00023-WES-LDA) Reply to Response, Reply Memorandum of Law in Further Support of Motion for Summary Judgment filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Oliverio, Matthew)
June 27, 2022 Opinion or Order Filing 1164 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, filed by Organic Dyestuffs Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(La Terra Bellina, Giovanni)
June 27, 2022 Opinion or Order Filing 1163 REPLY to Response re #1130 Response to Motion,,,,,,,, filed by Ivax LLC. (Petros, Gerald)
June 27, 2022 Opinion or Order Filing 1162 RESPONSE IN OPPOSITION by Cranston Print Works Co., Cranston Print Works Company re (1131 in 1:06-cv-00218-WES-LDA, 944 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts, Cranston Print Works Company's Statement In Response to Emhart's Statement of Additional Facts. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Freel, Mark)
June 27, 2022 Opinion or Order Filing 1161 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, Cranston Print Works Company's Reply Memorandum In Further Support of Motion for Summary Judgment filed by Cranston Print Works Co., Cranston Print Works Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Freel, Mark)
June 27, 2022 Opinion or Order Filing 1160 REPLY to Response re (1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, filed by CNA Holdings, LLC. (Attachments: #1 Exhibit A)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Nakasian, Stacey)
June 27, 2022 Opinion or Order Filing 1159 REPLY to Response re #1130 Response to Motion,,,,,,,, filed by CNA Holdings, LLC. (Attachments: #1 Exhibit A)(Nakasian, Stacey)
June 27, 2022 Opinion or Order Filing 1158 REPLY to Response re (1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, filed by Teknor Apex Co.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Fine, Robert)
June 27, 2022 Opinion or Order Filing 1157 RESPONSE IN SUPPORT by BASF Corporation, BNS Company, CNA Holdings, Inc., Cranston Print Works Company, Eastern Color & Chemical Co., Exxon Mobil Corporation, Organic Dyestuffs Corporation, Sequa Corporation, Teknor Apex Company, Henkel Corp., Hexagon Metrology, Inc., IVAX LLC, The Original Bradford Soap Works, Inc., Union Oil Company of California re (1131 in 1:06-cv-00218-WES-LDA, 944 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts, Statement in Response to Emhart's Statement of Additional Facts and in Support of Defendant's Motions for Summary Judgment. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Short, Winthrop)
June 27, 2022 Opinion or Order Filing 1156 REPLY to Response re (943 in 1:11-cv-00023-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, DEFENDANTS' REPLY TO EMHART'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by BASF Corporation, BNS, LLC, CNA Holdings, LLC, Cranston Print Works Company, Eastern Color & Chemical Co., Exxon Mobil Corporation, IVAX LLC, Organic Dyestuffs Corporation, Sequa Corporation, Teknor Apex Company, Henkel Corp., Hexagon Metrology, Inc., The Original Bradford Soap Works, Inc., Union Oil Company of California. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Vineyard, Daniel)
June 23, 2022 Opinion or Order Filing 1155 NOTICE of Appearance by Stacey P. Nakasian on behalf of CNA Holdings, LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Nakasian, Stacey)
June 23, 2022 Opinion or Order Filing 1154 NOTICE of Appearance by Stacey P. Nakasian on behalf of CNA Holdings, LLC (Nakasian, Stacey)
June 23, 2022 Opinion or Order Filing 1153 NOTICE of Appearance by Robert M. Duffy on behalf of CNA Holdings, LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Duffy, Robert)
June 23, 2022 Opinion or Order Filing 1152 NOTICE of Appearance by Robert M. Duffy on behalf of CNA Holdings, LLC (Duffy, Robert)
June 2, 2022 Opinion or Order Filing 1151 ORDER in case 1:06-cv-00218-WES-LDA; granting (961) Motion for Settlement in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 6/2/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael)
June 2, 2022 Opinion or Order TEXT ORDER denying as moot (1122) Motion for Summary Judgment in case 1:06-cv-00218-WES-LDA; denying as moot (937) Motion for Summary Judgment in case 1:11-cv-00023-WES-LDA; denying as moot (235) Motion for Summary Judgment in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 6/2/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael)
June 2, 2022 Opinion or Order TEXT ORDER: A review of the roll of attorneys admitted to practice before this Court indicates that Attorney Leah L. Miraldi failed to renew her bar membership in accordance with LR Gen 203(c). Accordingly, she may no longer represent Hexagon Metrology, Inc. in this action and her appearance is withdrawn absent reinstatement in accordance with LR Gen 215.. So Ordered by District Judge William E. Smith on 6/2/2022. (DaCruz, Kayla)
June 2, 2022 Opinion or Order TEXT ORDER: A review of the roll of attorneys admitted to practice before this Court indicates that Attorney Andrew S. Tugan failed to renew his bar membership in accordance with LR Gen 203(c). Accordingly, he may no longer represent IVAX LLC in this action and his appearance is withdrawn absent reinstatement in accordance with LR Gen 215.. So Ordered by District Judge William E. Smith on 6/2/2022. (DaCruz, Kayla) Modified on 6/3/2022 to correct docket text (DaCruz, Kayla).
May 24, 2022 Opinion or Order Filing 1150 TRANSCRIPT of Motion Hearing held on April 14, 2022, before Judge William E. Smith. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 6/14/2022. Redacted Transcript Deadline set for 6/24/2022. Release of Transcript Restriction set for 8/22/2022. (Wischnowsky, Karen)
May 24, 2022 Opinion or Order Filing 1149 JUDGMENT in favor of the United States of America. So Ordered by District Judge William E. Smith on 5/24/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
May 24, 2022 Opinion or Order TEXT ORDER granting (1145) Motion for Final Judgment in case 1:06-cv-00218-WES-LDA; granting (958) Motion for Final Judgment in case 1:11-cv-00023-WES-LDA; granting (256) Motion for Final Judgment in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 5/24/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nissheneyra)
May 16, 2022 Opinion or Order Filing 1148 MOTION for Settlement Approval filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 5/31/2022. (Attachments: #1 Proposed Order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
May 12, 2022 Opinion or Order Filing 1147 Joint STIPULATION re (943 in 1:11-cv-00023-WES-LDA, 241 in 1:18-cv-00316-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,, Stipulation re: deadline for Sequa to file a reply to Emharts responses, and related documents. filed by Sequa Corporation. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Thomen, Jeffrey)
May 3, 2022 Opinion or Order Filing 1146 STIPULATION Relating to Motions for Summary Judgment Filed by Alleged Customer Defendants filed by CNA Holdings, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
April 29, 2022 Opinion or Order Filing 1145 MOTION for Final Judgment filed by United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Responses due by 5/13/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dupre, Phillip)
April 28, 2022 Opinion or Order TEXT ORDER: The Court ADOPTS Judge Almond's #882 Report and Recommendations ("R&R") in part and REJECTS it in part. The Court adopts the R&R's recommendation to deny Rohm and Haas Company's #926 Motion for Summary Judgment and rejects its recommendation to grant #919 BASF Corporation's Motion for Summary Judgment. While the Court does not disagree with Judge Almond's interpretation of the evidence-and anticipates that, given the evidence in the record, it will likely come to the same conclusions as Judge Almond following the bench trial on this matter-the Court is nevertheless constrained by the summary judgment standard, which requires inferences to be drawn in favor of the non-moving party. Because in this unusual situation that standard precludes granting either motion, both BASF's and Rohm & Haas's Motions are DENIED. So Ordered by District Judge William E. Smith on 4/28/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Simoncelli, Michael)
April 27, 2022 Opinion or Order Filing 1144 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (211 in 1:18-cv-00316-WES-LDA, 1096 in 1:06-cv-00218-WES-LDA, 913 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1143 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (191 in 1:18-cv-00316-WES-LDA, 1076 in 1:06-cv-00218-WES-LDA, 893 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1142 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (201 in 1:18-cv-00316-WES-LDA, 903 in 1:11-cv-00023-WES-LDA, 1086 in 1:06-cv-00218-WES-LDA) Statement of Undisputed Facts,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1141 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (1080 in 1:06-cv-00218-WES-LDA, 897 in 1:11-cv-00023-WES-LDA, 195 in 1:18-cv-00316-WES-LDA) Statement of Undisputed Facts,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1140 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (1092 in 1:06-cv-00218-WES-LDA, 207 in 1:18-cv-00316-WES-LDA, 909 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1139 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (1098 in 1:06-cv-00218-WES-LDA, 213 in 1:18-cv-00316-WES-LDA, 915 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1138 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (911 in 1:11-cv-00023-WES-LDA, 1094 in 1:06-cv-00218-WES-LDA, 209 in 1:18-cv-00316-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1137 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (199 in 1:18-cv-00316-WES-LDA, 1084 in 1:06-cv-00218-WES-LDA, 901 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1136 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (1082 in 1:06-cv-00218-WES-LDA, 899 in 1:11-cv-00023-WES-LDA, 197 in 1:18-cv-00316-WES-LDA) Statement of Undisputed Facts,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1135 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (906 in 1:11-cv-00023-WES-LDA, 204 in 1:18-cv-00316-WES-LDA, 1089 in 1:06-cv-00218-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1134 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (193 in 1:18-cv-00316-WES-LDA, 895 in 1:11-cv-00023-WES-LDA, 1078 in 1:06-cv-00218-WES-LDA) Statement of Undisputed Facts,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1133 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (907 in 1:11-cv-00023-WES-LDA, 205 in 1:18-cv-00316-WES-LDA, 1090 in 1:06-cv-00218-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1132 STATEMENT OF DISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (1074 in 1:06-cv-00218-WES-LDA, 891 in 1:11-cv-00023-WES-LDA, 189 in 1:18-cv-00316-WES-LDA) Statement of Undisputed Facts,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1131 STATEMENT OF UNDISPUTED FACTS by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re (943 in 1:11-cv-00023-WES-LDA, 241 in 1:18-cv-00316-WES-LDA, 1130 in 1:06-cv-00218-WES-LDA) Response to Motion,,,,,,,,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 27, 2022 Opinion or Order Filing 1130 RESPONSE In Opposition to (1093 in 1:06-cv-00218-WES-LDA, 208 in 1:18-cv-00316-WES-LDA, 910 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment , (206 in 1:18-cv-00316-WES-LDA, 908 in 1:11-cv-00023-WES-LDA, 1091 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment , (890 in 1:11-cv-00023-WES-LDA, 188 in 1:18-cv-00316-WES-LDA, 1073 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment , (1081 in 1:06-cv-00218-WES-LDA, 898 in 1:11-cv-00023-WES-LDA, 196 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment , (904 in 1:11-cv-00023-WES-LDA, 202 in 1:18-cv-00316-WES-LDA, 1087 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment , (914 in 1:11-cv-00023-WES-LDA, 212 in 1:18-cv-00316-WES-LDA, 1097 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment , (203 in 1:18-cv-00316-WES-LDA, 1088 in 1:06-cv-00218-WES-LDA, 905 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment , (1076 in 1:06-cv-00218-WES-LDA, 191 in 1:18-cv-00316-WES-LDA, 893 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment , (194 in 1:18-cv-00316-WES-LDA, 1079 in 1:06-cv-00218-WES-LDA, 896 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment , (1083 in 1:06-cv-00218-WES-LDA, 198 in 1:18-cv-00316-WES-LDA, 900 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment , (1077 in 1:06-cv-00218-WES-LDA, 894 in 1:11-cv-00023-WES-LDA, 192 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment , (1095 in 1:06-cv-00218-WES-LDA, 210 in 1:18-cv-00316-WES-LDA, 912 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment , (902 in 1:11-cv-00023-WES-LDA, 200 in 1:18-cv-00316-WES-LDA, 1085 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Replies due by 5/4/2022. (Attachments: #1 Appendix A)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
April 25, 2022 Opinion or Order TEXT ORDER granting (942) MOTION for an Extension of Time to File Response/Reply as to (937 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment. ( Responses due by 5/31/2022.). So Ordered by District Judge William E. Smith on 4/25/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael)
April 22, 2022 Opinion or Order Filing 1129 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #1128 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Dias, Jennifer)
April 22, 2022 Opinion or Order Filing 1128 TRANSCRIPT ORDER for proceedings held on 4/14/22 before Judge William E Smith. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Raffetto, John)
April 22, 2022 Opinion or Order Filing 1127 MOTION for an Extension of Time to File Response/Reply as to (937 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment of the Induplate Parties on behalf of the Alleged Customer Defendants filed by CNA Holdings, Inc.. Responses due by 5/6/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
April 20, 2022 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (889) Motion to Seal in case 1:11-cv-00023-WES-LDA; granting (187) Motion to Seal in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 4/20/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
April 14, 2022 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 4/14/2022 re (180 in 1:18-cv-00316-WES-LDA, 882 in 1:11-cv-00023-WES-LDA, 1063 in 1:06-cv-00218-WES-LDA) REPORT AND RECOMMENDATIONS re (845 in 1:11-cv-00023-WES-LDA, 1023 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment as to its Claim Against 4th Party Defendant Rohm and Haas Company filed by BASF Corp., (847 in 1:11-cv-00023-WES-LDA, 10 filed by BASF Corporation, BASF Corp., Rohm and Haas Company. Arguments heard by Michael Thomas Hensley and John C. Raffeto. (Court Reporter Karen Wischnowsky by Zoom at 2:10 p.m.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nissheneyra)
April 14, 2022 Opinion or Order TEXT ORDER granting #1070 Motion to Seal; granting #1072 Motion to Seal. So Ordered by District Judge William E. Smith on 4/14/2022. (Urizandi, Nissheneyra)
April 13, 2022 Opinion or Order DOCKET NOTE: Zoom access information for tomorrow's hearing: Meeting ID: 160 305 7535, Passcode: 900696. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
April 11, 2022 Opinion or Order Filing 1124 DECLARATION re (937 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
April 11, 2022 Opinion or Order Filing 1123 STATEMENT OF UNDISPUTED FACTS by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC re (235 in 1:18-cv-00316-WES-LDA, 937 in 1:11-cv-00023-WES-LDA, 1122 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
April 11, 2022 Opinion or Order Filing 1122 MOTION for Summary Judgment filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Responses due by 4/25/2022. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
April 7, 2022 Opinion or Order Filing 1121 RESPONSE In Support to (934 in 1:11-cv-00023-WES-LDA, 232 in 1:18-cv-00316-WES-LDA, 1119 in 1:06-cv-00218-WES-LDA) Objection to Report and Recommendations, filed by Rohm and Haas Company. Replies due by 4/14/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 7, 2022 Opinion or Order Filing 1120 RESPONSE In Opposition to (934 in 1:11-cv-00023-WES-LDA, 232 in 1:18-cv-00316-WES-LDA, 1119 in 1:06-cv-00218-WES-LDA) Objection to Report and Recommendations, filed by BASF Corp.. Replies due by 4/14/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 7, 2022 Opinion or Order Filing 1119 OBJECTION to (1063 in 1:06-cv-00218-WES-LDA, 180 in 1:18-cv-00316-WES-LDA, 882 in 1:11-cv-00023-WES-LDA) Report and Recommendations filed by Rohm and Haas Company. (Attachments: #1 Exhibit Report and Recommendation, #2 Exhibit Transcript)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 6, 2022 Opinion or Order Filing 1118 NOTICE of Appearance by Raymond A. Marcaccio on behalf of BASF Corp., BASF Corporation Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Marcaccio, Raymond)
April 6, 2022 Opinion or Order Filing 1117 NOTICE of Appearance by Matthew Thomas Oliverio on behalf of BASF Corp., BASF Corporation Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Oliverio, Matthew)
April 5, 2022 Opinion or Order Filing 1116 STATEMENT OF DISPUTED FACTS by Rohm and Haas Company re (929 in 1:11-cv-00023-WES-LDA) Statement of Disputed Facts. (Attachments: #1 Raffetto Declaration to Reply ISO MSJ Redacted)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1115 RESPONSE In Support to (224 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment filed by Rohm and Haas Company. Replies due by 4/12/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1114 STATEMENT OF DISPUTED FACTS in Opposition to Motion for Summary Judgment by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 5, 2022 Opinion or Order Filing 1113 RESPONSE In Opposition to (1111 in 1:06-cv-00218-WES-LDA, 926 in 1:11-cv-00023-WES-LDA, 224 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment filed by BASF Corp.. Replies due by 4/12/2022. (Attachments: #1 Affidavit Certification of Michael T. Hensley, #2 Exhibit Exhibits A-T)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 5, 2022 Opinion or Order Filing 1112 STATEMENT OF UNDISPUTED FACTS by Rohm and Haas Company. (Attachments: #1 Raffetto Declaration and Exhibits A through P, #2 Raffetto Declaration and Exhibits Q through AL)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1111 MOTION for Summary Judgment filed by Rohm and Haas Company. Responses due by 4/19/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1110 STATEMENT OF UNDISPUTED FACTS BASF Reply to Rohm and Haas's Supplemental Statement of Undisputed Facts by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 5, 2022 Opinion or Order Filing 1109 REPLY to Response re (219 in 1:18-cv-00316-WES-LDA) Response to Motion, Reply Memorandum of Law in Support of Motion for Summary Judgment filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 5, 2022 Opinion or Order Filing 1108 STATEMENT OF UNDISPUTED FACTS by Rohm and Haas Company. (Attachments: #1 Exhibit ROH Raffetto Declaration ISO Opp'n to BASF MSJ)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1107 STATEMENT OF DISPUTED FACTS by Rohm and Haas Company re (920 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts,. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1106 RESPONSE In Opposition to (217 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment as to fourth-party claims against Rohm and Haas Company filed by Rohm and Haas Company. Replies due by 4/12/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John)
April 5, 2022 Opinion or Order Filing 1105 STATEMENT OF UNDISPUTED FACTS by BASF Corp. re (919 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment as to fourth-party claims against Rohm and Haas Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 5, 2022 Opinion or Order Filing 1104 MOTION for Summary Judgment as to fourth-party claims against Rohm and Haas Company filed by BASF Corp.. Responses due by 4/19/2022. (Attachments: #1 Supporting Memorandum Memorandum of Law, #2 Exhibit Exhibits A-U, #3 Exhibit Exhibits V-NN, #4 Supplement Proposed Order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
April 1, 2022 Opinion or Order TEXT ORDER regarding April 14, 2022, hearing. Counsel are directed to file the redacted materials on the docket and to refile any materials that require no redactions. The April 14, 2022, hearing will be public. If counsel must reference confidential material during the hearing, then that portion of the hearing will be sealed. Last, Judge Almonds R&R will be unsealed pursuant to the letter submitted by the parties. So Ordered by District Judge William E. Smith on 4/1/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nissheneyra)
March 31, 2022 Opinion or Order Filing 1103 STATUS REPORT Joint Letter by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
March 31, 2022 Opinion or Order Filing 1102 Joint MOTION for an Extension of Time to Extend Discovery Deadlines filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Responses due by 4/14/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
March 31, 2022 Opinion or Order TEXT ORDER granting (1102) Motion for Extension of Time (1102 in 1:06-cv-00218-WES-LDA, 917 in 1:11-cv-00023-WES-LDA, 215 in 1:18-cv-00316-WES-LDA). So Ordered by District Judge William E. Smith on 3/31/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nissheneyra)
March 24, 2022 Opinion or Order NOTICE of Hearing: Motion Hearing rescheduled for 4/14/2022 at 2:00 PM by Zoom before District Judge William E. Smith. Zoom access information will be sent to counsel at a later time. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
March 23, 2022 Opinion or Order Filing 1100 STATUS REPORT Joint Letter Concerning 3/18/22 Order by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
March 18, 2022 Opinion or Order TEXT ORDER: The Court intends to hold a hearing on BASF Corporation's Motion for Summary Judgment, ECF No. #845 ; Rohm and Haas Company's Motion for Summary Judgment, ECF No. #847 ; and Magistrate Judge Almond's Report and Recommendations, ECF No. #882 (and the Objection, ECF No. #887 , thereto), on Wednesday, March 30, 2022. By Wednesday, March 23, 2022, counsel for BASF Corporation and Rohm and Haas Company are ordered to file a joint statement addressing whether it is necessary to hold this hearing under seal and, if so, explain the reasons why it should be sealed. So Ordered by District Judge William E. Smith on 3/18/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nissheneyra)
March 18, 2022 Opinion or Order NOTICE of Hearing: Motion Hearing set for 3/30/2022 at 2:00 PM by Zoom before District Judge William E. Smith. Zoom access information will be provided at a later time. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
February 28, 2022 Opinion or Order Filing 1099 NOTICE by Eastern Resins Corp., Eastern Resins Corporation of Withdrawal of Appearance of Christopher O'Connor (O'Connor, Christopher)
February 25, 2022 Opinion or Order Filing 1098 STATEMENT OF UNDISPUTED FACTS by Henkel Corp. re (914 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex. A - Emhart's Answers to Contention Interrogatories, #2 Exhibit Ex. B - Emhart's Answers to Interrogatories, #3 Exhibit Ex. C - Providence Journal Article, #4 Exhibit Ex. D - Lussier Statement, #5 Exhibit Ex. E - Christmas Gift List, #6 Exhibit Ex. F - Expert Report of Peter J. Hauser, #7 Exhibit Ex. G - Emhart_P3_0968982, #8 Exhibit Ex. H - Emhart_P3_0969303)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Nelson, Monica)
February 25, 2022 Opinion or Order Filing 1097 MOTION for Summary Judgment filed by Henkel Corp.. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Nelson, Monica)
February 25, 2022 Opinion or Order Filing 1096 STATEMENT OF UNDISPUTED FACTS by Union Oil Company of California re (912 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
February 25, 2022 Opinion or Order Filing 1095 MOTION for Summary Judgment filed by Union Oil Company of California. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
February 25, 2022 Opinion or Order Filing 1094 STATEMENT OF UNDISPUTED FACTS by Exxon Mobil Corporation re (910 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
February 25, 2022 Opinion or Order Filing 1093 MOTION for Summary Judgment filed by Exxon Mobil Corporation. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
February 25, 2022 Opinion or Order Filing 1092 STATEMENT OF UNDISPUTED FACTS by Ivax LLC re (206 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Petros, Gerald)
February 25, 2022 Opinion or Order Filing 1091 MOTION for Summary Judgment filed by Ivax LLC. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Petros, Gerald)
February 25, 2022 Opinion or Order Filing 1090 STATEMENT OF UNDISPUTED FACTS by BASF Corporation re (1088 in 1:06-cv-00218-WES-LDA, 905 in 1:11-cv-00023-WES-LDA, 203 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit Exhibits A-L)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
February 25, 2022 Opinion or Order Filing 1089 STATEMENT OF UNDISPUTED FACTS by CNA Holdings, LLC re (904 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
February 25, 2022 Opinion or Order Filing 1088 MOTION for Summary Judgment filed by BASF Corporation. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
February 25, 2022 Opinion or Order Filing 1087 MOTION for Summary Judgment filed by CNA Holdings, LLC. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
February 25, 2022 Opinion or Order Filing 1086 STATEMENT OF UNDISPUTED FACTS by Organic Dyestuffs Corporation. (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, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(La Terra Bellina, Giovanni)
February 25, 2022 Opinion or Order Filing 1085 MOTION for Summary Judgment filed by Organic Dyestuffs Corporation. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(La Terra Bellina, Giovanni)
February 25, 2022 Opinion or Order Filing 1084 STATEMENT OF UNDISPUTED FACTS by Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company re (198 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Callam, Alexandra)
February 25, 2022 Opinion or Order Filing 1083 MOTION for Summary Judgment filed by Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Callam, Alexandra)
February 25, 2022 Opinion or Order Filing 1082 STATEMENT OF UNDISPUTED FACTS by Cranston Print Works Co., Cranston Print Works Company re (196 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A-CPW 104(e) Resp, #2 Exhibit B-Depo of George Shuster, #3 Exhibit C-Depo of Henry Donaldson, #4 Exhibit D-NECC 104(e) Resp 3/19/1999, #5 Exhibit E-Depo of Richard Malachowski, #6 Exhibit F-McInnis Letter)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Freel, Mark)
February 25, 2022 Opinion or Order Filing 1081 MOTION for Summary Judgment filed by Cranston Print Works Co., Cranston Print Works Company. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Freel, Mark)
February 25, 2022 Opinion or Order Filing 1080 STATEMENT OF UNDISPUTED FACTS by The Original Bradford Soap Works, Inc. re (194 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A - Bradford 104(e) Resp, #2 Exhibit B - Depo of P. Lenihan, #3 Exhibit C - Depo of John Hathaway Howland, #4 Exhibit D - NECC 104(e) Resp. 3/19/1999, #5 Exhibit E - Depo of Lester Olson, #6 Exhibit F - Depo of Joseph Sosnosky, #7 Exhibit G - Emhart's Ans to Bradford Contention Ints.)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
February 25, 2022 Opinion or Order Filing 1079 MOTION for Summary Judgment filed by The Original Bradford Soap Works, Inc.. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
February 25, 2022 Opinion or Order Filing 1078 STATEMENT OF UNDISPUTED FACTS by BNS, LLC, Hexagon Metrology, Inc. re (192 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment . (Attachments: #1 Exhibit A - Hexagon Answer to Emhart's Interrogatories, #2 Exhibit B - BNS 2nd Suppl. Answer to Emhart Interrogatories, #3 Exhibit C - BNS 104(e) Response, #4 Exhibit D - Ex 2, Sandra Kearney Depo., #5 Exhibit E - BNS Obj and Resp to B&D Contention Interrogatories)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
February 25, 2022 Opinion or Order Filing 1077 MOTION for Summary Judgment filed by BNS, LLC, Hexagon Metrology, Inc.. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
February 25, 2022 Opinion or Order Filing 1076 MOTION for Summary Judgment filed by Teknor Apex Co.. Responses due by 3/11/2022. (Attachments: #1 Supplement Statement of Undisputed Facts, #2 Affidavit of Thomas J. Hmiel, Teknor)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Fine, Robert)
February 25, 2022 Opinion or Order Filing 1075 Joint MOTION for an Extension of Time to Extend Discovery Deadlines filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Responses due by 3/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
February 25, 2022 Opinion or Order TEXT ORDER granting (1075) Joint Motion for Extension of Time (1075 in 1:06-cv-00218-WES-LDA, 892 in 1:11-cv-00023-WES-LDA, 190 in 1:18-cv-00316-WES-LDA). So Ordered by District Judge William E. Smith on 2/25/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
February 24, 2022 Opinion or Order Filing 1074 STATEMENT OF UNDISPUTED FACTS by BASF Corporation, BNS, LLC, CNA Holdings, LLC, Cranston Print Works Company, Eastern Color & Chemical Co., Exxon Mobil Corporation, IVAX LLC, Organic Dyestuffs Corporation, Sequa Corporation, Henkel Corp., Hexagon Metrology, Inc., Teknor Apex Company, The Original Bradford Soap Works, Inc., Union Oil Company of California re (890 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment . (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)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
February 24, 2022 Opinion or Order Filing 1073 MOTION for Summary Judgment filed by BASF Corporation, BNS Company, CNA Holdings, LLC, Cranston Print Works Company, Eastern Color & Chemical Co., Exxon Mobil Corporation, IVAX LLC, Organic Dyestuffs Corporation, Sequa Corporation, Teknor Apex Company, Henkel Corp., Hexagon Metrology, Inc., The Original Bradford Soap Works, Inc., Union Oil Company of California. Responses due by 3/10/2022. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
February 18, 2022 Opinion or Order Filing 1072 Assented MOTION to Seal Reply in Support of Objections to Report and Recommendation Filed. Notice Sent To: Rohm and Haas Company, BASF Corporation. (Attachments: #1 Sealed Document)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
February 18, 2022 Opinion or Order Filing 1071 RESPONSE TO ORDER TO SHOW CAUSE by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McManus, Keith)
February 11, 2022 Opinion or Order TEXT ORDER ordering Fourth-Parties BASF Corporation and Rohm & Haas Company to show cause why their summary judgment motion papers and exhibits, and the related Report and Recommendations ("R&R") and R&R hearing transcript, should not be unsealed and available for public viewing, with necessary redactions as proposed by the parties. The Fourth-Parties are directed to respond within five business days of this Order. So Ordered by District Judge William E. Smith on 2/11/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nissheneyra)
February 8, 2022 Opinion or Order Filing 1070 MOTION to Seal Response to Objections Filed. Notice Sent To: BASF Corp., Rohm and Haas Company. (Attachments: #1 Supporting Memorandum Memorandum Supporting Motion to Seal, #2 Affidavit Supporting Certification, #3 Proposed Sealed Document Response to Objections)(Muri, Anthony) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
January 27, 2022 Opinion or Order TEXT ORDER granting #1068 Motion for Extension of Time #1068 Joint MOTION for an Extension of Time Extend Discovery Deadlines. So Ordered by District Judge William E. Smith on 1/27/2022. (Urizandi, Nissheneyra)
January 26, 2022 Opinion or Order Filing 1068 Joint MOTION for an Extension of Time Extend Discovery Deadlines filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Responses due by 2/9/2022. (Taveras, Angel)
January 20, 2022 Opinion or Order TEXT ORDER: The Alleged Customer Defendants shall file their Motion for Summary Judgment and Undisputed Facts on February 25, 2022. Emhart has 30 days to respond. The Alleged Customer Defendants have 30 days to file their reply. So Ordered by District Judge William E. Smith on 1/20/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nisshy)
January 18, 2022 Opinion or Order Filing 1067 MOTION to Seal Filed. Notice Sent To: Rohm and Haas Company, BASF Corp.. (Attachments: #1 ROH's Objections to R&R, #2 Attachment 1, #3 Attachment 2)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
January 13, 2022 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Remote Status Conference held on 1/13/2022. Joseph Hovermill, Daniel Vineyard and Berj Parseghian addressed the court. (Courtroom Zoom at 11:15 a.m.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nisshy)
January 7, 2022 Opinion or Order Filing 1066 Joint MOTION for an Extension of Time to Object to Report and Recommendation filed by BASF Corp., Rohm and Haas Company. Responses due by 1/21/2022. (Attachments: #1 Proposed Order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris)
January 7, 2022 Opinion or Order TEXT ORDER granting #885 Motion for Extension of Time. Objections to R&R due by 1/18/2022; Responses to Objections due by 2/8/2022; and Replies in support of Objections due by 2/18/2022. So Ordered by District Judge William E. Smith on 1/7/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael)
January 6, 2022 Opinion or Order Filing 1065 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: (181 in 1:18-cv-00316-WES-LDA, 883 in 1:11-cv-00023-WES-LDA, 1064 in 1:06-cv-00218-WES-LDA) Transcript Order,. Court Reporter/Transcriber: Lisa Schwam. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dias, Jennifer)
December 28, 2021 Opinion or Order Filing 1063 REPORT AND RECOMMENDATIONS recommending that BASF's Motions as to Count I be GRANTED and R&H's Motions be DENIED. Also, since this Report and Recommendation references both arguments and facts in pleadings previously sealed by the Court and quotes from contracts subject to a confidentiality protective order, the Clerk shall docket this Report and Recommendation under seal until further Order of the Court. (845 in 1:11-cv-00023-WES-LDA, 1023 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment as to its Claim Against 4th Party Defendant Rohm and Haas Company filed by BASF Corp., (847 in 1:11-cv-00023-WES-LDA, 1025 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment filed by Rohm and Haas Company Objections to R&R due by 1/11/2022.. So Ordered by Magistrate Judge Lincoln D. Almond on 12/28/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Noel, Jeannine) Modified on 4/1/2022 (Urizandi, Nissheneyra).
December 22, 2021 Opinion or Order ORDER granting (1062) Motion for Extension of Time to Complete Discovery in case 1:06-cv-00218-WES-LDA; granting (881) Motion for Extension of Time to Complete Discovery in case 1:11-cv-00023-WES-LDA. With respect to the claims asse1ted by Plaintiff Emhart Industries, Inc. against Defendant Eastern Color & Chemical, the Court's Thirteenth Revised Case Management Order is supplemented as follows: 1. Fact Discovery: January 30, 2022: Emhart must respond to Defendant's Contention Interrogatories and Requests for Production; 2. Expert Discovery: January 30, 2022: Emhart will serve any expert reports relating to the alleged liability of Eastern Color & Chemical pursuant to Fed.R. Civ. P. 26(a)(2). So Ordered by District Judge William E. Smith on 12/22/2021.Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA (Urizandi, Nisshy)
December 21, 2021 Opinion or Order Filing 1062 Joint MOTION for an Extension of Time to Complete Discovery filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 1/4/2022. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
December 10, 2021 Opinion or Order Filing 1061 ORDER granting (1060) Motion to Seal Hearing on December 14, 2021 Filed in case 1:06-cv-00218-WES-LDA; granting (879) Motion to Seal Hearing on December 14, 2021 Filed in case 1:11-cv-00023-WES-LDA; granting (177) Motion to Seal Hearing on December 14, 2021 Filed in case 1:18-cv-00316-WES-LDA. So Ordered by Magistrate Judge Lincoln D. Almond on 12/10/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Noel, Jeannine)
December 10, 2021 Opinion or Order Filing 1060 MOTION to Seal Hearing on December 14, 2021 Filed. Notice Sent To: BASF Corp., Black & Decker Inc., CNA Holdings, LLC, Emhart Industries, Inc., Greystone Incorporated, Induplate Inc, Induplate Operations, LLC, Rohm and Haas Company, State of Rhode Island, Department of Environmental Management, A. Harrison & Co., Inc., Akzo Nobel N.V., BNS Co. f/k/a Browne & Sharpe Manufacturing Co, BNS, LLC, Bayer Corp., Black & Decker Inc, Black & Decker, Inc., Cal Chemical Corporation, ConocoPhillips Company, Cranston Print Works Co., Michael B. Donley, Duro Textiles, LLC, Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company, Eastern Resins Corp., Eastern Resins Corporation, Eli Lilly and Company, Emhart Industries, Inc, Henkel Corp., Hexagon Metrology, Inc., Indusol, Inc., Ingredion Inc., Ivax LLC, Lanxess Sybron Chemicals, Inc., Ray Mabus, New England Container Company, Inc, Win Noren, Northeast Products Co., Olin Corp., Organic Dyestuffs Corp., Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc, Leon E. Panetta, Phibro Animal Health Corp., Providence Washington Insurance Company, Inc., Rhodes Technologies, Inc., Sequa Corp., Sequa Corporation, Tanner Industries, Teknor Apex Co., Teknor-Apex, The Dow Chemical Company, The Original Bradford Soap Works, Inc., The United States of America, Travelers Casualty and Surety Company, Unilever United States, Inc., Union Oil Company of California, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, Univar USA, Inc., Woburn Steel Drum, Inc., A. Harrison & Co., Inc., BASF Corporation, BNS Company, CNA Holdings, Inc., Cranston Print Works Company, Duro Textiles LLC, Eli Lilly & Co., Evans Plating Corporation, Exxon Mobil Corporation, Leon E. Panetta(in his Official Capacity as Secretary of the United State Department of Defense), Organic Dyestuffs Corporation, Teknor Apex Company, Robert M. Gates, The Worcester Company, Inc, Univar USA Inc., Unocal Corporation. (Attachments: #1 Exhibit Proposed Order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
December 10, 2021 Opinion or Order HEARING CANCELLED - VIDEO Motion Hearing CANCELLED for 12/14/2021 at 10:00 AM in Remote Hearing before Magistrate Judge Lincoln D. Almond. TO BE RE-NOTICED AS A SEALED HEARING TO PARTICIPATING PARTIES. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Noel, Jeannine)
December 9, 2021 Opinion or Order Filing 1059 ORDER granting (1058) Motion for Extension of Time to Complete Discovery in case 1:06-cv-00218-WES-LDA; granting (877) Motion for Extension of Time to Complete Discovery in case 1:11-cv-00023-WES-LDA; granting (175) Motion for Extension of Time to Complete Discovery in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 12/9/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nisshy)
December 8, 2021 Opinion or Order Filing 1058 Joint MOTION for an Extension of Time to Complete Discovery filed by Induplate Inc, Induplate Operations, LLC, Greystone Incorporated. Responses due by 12/22/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
December 6, 2021 Opinion or Order Filing 1057 MOTION for Patrick A. Harvey to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number RIDC-1693678 ) filed by CNA Holdings, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
December 6, 2021 Opinion or Order Filing 1056 NOTICE by CNA Holdings, LLC Withdrawal of Appearance of Conrad Bolston Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
December 6, 2021 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (876) Motion to Appear Pro Hac Vice of Patrick A Harvey in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 12/6/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(DaCruz, Kayla)
December 3, 2021 Opinion or Order NOTICE of Hearing: Remote Status Conference set for 1/13/2022 at 11:00 AM by Zoom before District Judge William E. Smith. The Court will send Zoom access information to counsel by email. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nisshy)
December 3, 2021 Opinion or Order NOTICE of Hearing: Discovery Dispute Conference set for 12/7/2021 at 9:30 AM by Zoom before District Judge William E. Smith. The Court will send Zoom access information to counsel by email. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Urizandi, Nisshy)
November 19, 2021 Opinion or Order Filing 1055 NOTICE by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc Summary Identifying Liability Expert Witnesses Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
November 18, 2021 Opinion or Order NOTICE of VIDEO Hearing on Motion (845 in 1:11-cv-00023-WES-LDA, 1023 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment as to its Claim Against 4th Party Defendant Rohm and Haas Company, (847 in 1:11-cv-00023-WES-LDA, 1025 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment : VIDEO Motion Hearing set for 12/14/2021 at 10:00 AM in Remote Hearing before Magistrate Judge Lincoln D. Almond.(Zoom Meeting ID: 160 949 4014, Passcode: 195250) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Noel, Jeannine)
November 17, 2021 Opinion or Order MOTIONS REFERRED: (845 in 1:11-cv-00023-WES-LDA, 1023 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment as to its Claim Against 4th Party Defendant Rohm and Haas Company, (847 in 1:11-cv-00023-WES-LDA, 1025 in 1:06-cv-00218-WES-LDA) MOTION for Summary Judgment referred for Report and Recommendation. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
November 12, 2021 Opinion or Order Filing 1054 THIRD AMENDED THIRD-PARTY COMPLAINT against A. Harrison & Co., Inc., BASF Corp., BNS, LLC, CNA Holdings, LLC, Cranston Print Works Co., Duro Textiles, LLC, Eastern Color & Chemical Co., Eastern Resins Corp., Eli Lilly and Company, Greystone Incorporated, Henkel Corp., Hexagon Metrology, Inc., Induplate Inc, Induplate Operations, LLC, Ivax LLC, Organic Dyestuffs Corp., Sequa Corp., Teknor Apex Co., The Original Bradford Soap Works, Inc., Union Oil Company of California, filed by Black & Decker Inc, Emhart Industries, Inc.(Urizandi, Nisshy)
November 10, 2021 Opinion or Order TEXT ORDER granting (1053) Motion to Amend/Correct in case 1:06-cv-00218-WES-LDA; granting (872) Motion to Amend/Correct in case 1:11-cv-00023-WES-LDA; granting (171) Motion to Amend/Correct in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 11/10/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
November 9, 2021 Opinion or Order Filing 1053 Consent MOTION to Amend/Correct (781 in 1:11-cv-00023-WES-LDA) Amended Complaint filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Responses due by 11/23/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
November 9, 2021 Opinion or Order Filing 1052 NOTICE by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. re: Emharts CERCLA 107 Claim Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
November 5, 2021 Opinion or Order Filing 1051 NOTICE by CNA Holdings, LLC of Alleged Customer Defendants' Request for Judicial Notice (Attachments: #1 Document to be Noticed)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
November 5, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 11/5/2021 re (865 in 1:11-cv-00023-WES-LDA, 165 in 1:18-cv-00316-WES-LDA, 1047 in 1:06-cv-00218-WES-LDA) MOTION for Protective Order filed by Emhart Industries, Inc., Black & Decker Inc, Black & Decker Inc., Emhart Industries, Inc. Rachelle Green, Joseph L. Beavers, Joseph W. Hovermill, Keith P. McManus, Daniel E. Vineyard, Berj K. Parseghian, David B. Graham, Duke K. McCall, Winthrop A. Short Jr., Joseph A. Farside, Jr., Mark W. Freel, Giovanni La Terra Bellina, Robert D. Fine, Joseph E. Wolfon and Gerald Petros participated. Arguments heard. Attorneys are asked to meet and confer and notify the Court on issues that they are in disagreement about. The Court takes matter under advisement and will issue a ruling soon. (Court Reporter Lisa Schwam by Zoom at 10:40 a.m.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
November 5, 2021 Opinion or Order TEXT ORDER granting #865 Emhart Industries, Inc.'s and Black & Decker Inc.'s ("Emhart") Motion for Protective Order. For the reasons stated at today's hearing, Emhart's Motion is granted. The Third-Party Defendants shall serve either contention interrogatories or depositions on written questions by November 30, 2021 (unless otherwise agreed). Emhart shall respond by December 31, 2021. The parties are directed to meet and confer on any necessary reasonable follow-up discovery. So Ordered by District Judge William E. Smith on 11/5/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
October 25, 2021 Opinion or Order Filing 1050 REPLY to Response re (866 in 1:11-cv-00023-WES-LDA, 1048 in 1:06-cv-00218-WES-LDA, 166 in 1:18-cv-00316-WES-LDA) Response to Motion, (1049 in 1:06-cv-00218-WES-LDA, 867 in 1:11-cv-00023-WES-LDA, 167 in 1:18-cv-00316-WES-LDA) Response to Motion, filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
October 19, 2021 Opinion or Order Filing 1049 RESPONSE In Opposition to (165 in 1:18-cv-00316-WES-LDA, 1047 in 1:06-cv-00218-WES-LDA, 865 in 1:11-cv-00023-WES-LDA) MOTION for Protective Order by Emhart Industries, Inc. filed by Sequa Corporation. Replies due by 10/26/2021. (Attachments: #1 Affidavit, #2 Exhibit 1 to Affidavit)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Thomen, Jeffrey)
October 18, 2021 Opinion or Order Filing 1048 RESPONSE In Opposition to (865 in 1:11-cv-00023-WES-LDA, 165 in 1:18-cv-00316-WES-LDA, 1047 in 1:06-cv-00218-WES-LDA) MOTION for Protective Order of Alleged Customer Defendants filed by CNA Holdings, LLC. Replies due by 10/25/2021. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
October 13, 2021 Opinion or Order NOTICE of Hearing on (865 in 1:11-cv-00023-WES-LDA, 1047 in 1:06-cv-00218-WES-LDA, 165 in 1:18-cv-00316-WES-LDA) MOTION for Protective Order: Motion Hearing set for 11/5/2021 at 10:30 AM by Zoom before District Judge William E. Smith. (Zoom Meeting ID: 161 638 9228, Passcode: 236128) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
October 11, 2021 Opinion or Order Filing 1047 MOTION for Protective Order filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 10/25/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
September 27, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Discovery Dispute Conference held on 9/27/2021. Heard by Zoom: Joseph Hovermill, Gerald Petros, Mark Freel and Duke McCall. (by Zoom at 2:05 p.m.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
September 23, 2021 Opinion or Order NOTICE of Hearing: Remote Discovery Dispute Conference set for 9/27/2021 at 02:00 PM before District Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
August 30, 2021 Opinion or Order Filing 1046 JUDGMENT in favor of Indusol, Inc. on any claims asserted by Emhart Industries, Inc. and Black & Decker Inc. in the Second Amended Third Party Complaint, ECF No. #781 , and any counterclaims/cross-claims filed by any other party. So Ordered by the Clerk of Court on 8/30/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
August 30, 2021 Opinion or Order TEXT ORDER granting #858 Third-Party Defendant Indusol Inc.'s Motion for Summary Judgment and Entry of Final Judgment. The question of how the settlement affects the liability of the non-settling parties shall be resolved in the allocation phase. The Clerk is directed to enter final judgment in favor of Indusol on any claims asserted by Emhart Industries, Inc. and Black & Decker Inc. in the Second Amended Third Party Complaint, ECF No. #781 , and any counterclaims/cross-claims filed by any other party. (granting (1040) Motion for Summary Judgment in case 1:06-cv-00218-WES-LDA; granting (858) Motion for Summary Judgment in case 1:11-cv-00023-WES-LDA; granting (158) Motion for Summary Judgment in case 1:18-cv-00316-WES-LDA) So Ordered by District Judge William E. Smith on 8/30/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
August 27, 2021 Opinion or Order Filing 1045 RESPONSE In Opposition to (1040 in 1:06-cv-00218-WES-LDA, 158 in 1:18-cv-00316-WES-LDA, 858 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment and Entry of Final Judgment of Alleged Customer Defendants filed by CNA Holdings, LLC. Replies due by 9/3/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
August 23, 2021 Opinion or Order Filing 1044 RESPONSE In Support to (1040 in 1:06-cv-00218-WES-LDA, 158 in 1:18-cv-00316-WES-LDA, 858 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment and Entry of Final Judgment filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Replies due by 8/30/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Migliaccio, Emily)
August 13, 2021 Opinion or Order Filing 1043 DECLARATION re (859 in 1:11-cv-00023-WES-LDA) Memorandum in Support, (860 in 1:11-cv-00023-WES-LDA) Statement of Undisputed Facts, (858 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment and Entry of Final Judgment by Indusol, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCay, David)
August 13, 2021 Opinion or Order Filing 1042 STATEMENT OF UNDISPUTED FACTS by Indusol, Inc. re (859 in 1:11-cv-00023-WES-LDA) Memorandum in Support, (858 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment and Entry of Final Judgment. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCay, David)
August 13, 2021 Opinion or Order Filing 1041 MEMORANDUM IN SUPPORT by Indusol, Inc. in support of (158 in 1:18-cv-00316-WES-LDA) MOTION for Summary Judgment and Entry of Final Judgment . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCay, David)
August 13, 2021 Opinion or Order Filing 1040 MOTION for Summary Judgment and Entry of Final Judgment filed by Indusol, Inc.. Responses due by 8/27/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCay, David)
August 12, 2021 Opinion or Order Filing 1039 MANDATE of the U.S. Court of Appeals for the First Circuit issued (564 in 1:11-cv-00023-WES-LDA, 766 in 1:06-cv-00218-WES-LDA) (Kenny, Meghan)
August 12, 2021 Opinion or Order Filing 1038 JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to (564 in 1:11-cv-00023-WES-LDA, 766 in 1:06-cv-00218-WES-LDA). Upon consideration of the appellant's unopposed motion, it is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b). (Kenny, Meghan)
July 22, 2021 Opinion or Order TEXT ORDER granting (1036) Motion to Seal; granting (1037) Motion to Seal in case 1:06-cv-00218-WES-LDA; granting (854) Motion to Seal; granting (855) Motion to Seal in case 1:11-cv-00023-WES-LDA; granting (154) Motion to Seal; granting (155) Motion to Seal in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 7/22/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 21, 2021 Opinion or Order Filing 1037 MOTION to Seal Filed. Notice Sent To: Rohm and Haas Company, BASF Corp.. (Attachments: #1 Supporting Memorandum Memo ISO Motion to Seal, #2 Reply ISO Motion for Summary Judgment, #3 Response to BASFs Statement of Disputed Facts, #4 Raffetto Declaration with exhibits)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
July 21, 2021 Opinion or Order Filing 1036 MOTION to Seal Filed. Notice Sent To: BASF Corp., Rohm and Haas Company. (Attachments: #1 Supporting Memorandum, #2 Affidavit, #3 Supporting Memorandum, #4 Supporting Memorandum, #5 Order)(Muri, Anthony) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
July 20, 2021 Opinion or Order TEXT ORDER granting #1035 Motion to Seal. So Ordered by District Judge William E. Smith on 7/20/2021. (Jackson, Ryan)
July 15, 2021 Opinion or Order Filing 1035 MOTION to Seal Unopposed Filed. Notice Sent To: BASF Corp.. (Attachments: #1 Supporting Memorandum IN SUPPORT OF UNOPPOSED MOTION TO SEAL, #2 Fourth-Party Defendant Rohm and Haas Companys Reply In Support of Its Motion to Strike)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Raffetto, John) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
July 14, 2021 Opinion or Order Filing 1034 ORDER granting (923) Motion to Dismiss in case 1:06-cv-00218-WES-LDA; granting (740) Motion to Dismiss in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 7/14/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 14, 2021 Opinion or Order TEXT ORDER granting #1009 Motion to Seal; granting #1033 Motion to Seal. So Ordered by District Judge William E. Smith on 7/14/2021. (Jackson, Ryan)
July 14, 2021 Opinion or Order TEXT ORDER denying as moot #837 Motion to Dismiss. So Ordered by District Judge William E. Smith on 7/14/2021. (Jackson, Ryan)
July 8, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 7/8/2021 re (740 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss filed by United States Department of Defense: P. Dupre and D. McCall argue. Court questions; parties respond. Court takes under advisment. Recess. (Court Reporter L. Schwam via Remote Hearing at 2:00 pm.) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
July 1, 2021 Opinion or Order Filing 1033 MOTION to Seal Filed. Notice Sent To: BASF Corp., Rohm and Haas Company. (Attachments: #1 Supporting Memorandum Memorandum Supporting Motion to Seal, #2 Affidavit Supporting Certification, #3 Exhibit Proposed Order, #4 Proposed Sealed Document Memorandum Supporting Opposition)(Muri, Anthony) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
June 23, 2021 Opinion or Order TEXT ORDER granting (1027) Motion to Seal; granting (1028) Motion to Seal; granting (1030) Motion to Seal in case 1:06-cv-00218-WES-LDA; granting (849) Motion to Seal; granting (850) Motion to Seal in case 1:11-cv-00023-WES-LDA; granting (149) Motion to Seal; granting (150) Motion to Seal in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 6/23/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
June 21, 2021 Opinion or Order Filing 1030 MOTION to Seal Filed. Notice Sent To: Rohm and Haas Company, BASF Corp.. (Attachments: #1 Supporting Memorandum Memo ISO Assented to Motion to Seal, #2 Supplement Opposition to BASF's Motion for Summary Judgment, #3 Supplement Statement of Disputed Material Facts, #4 Supplement Supplemental Statement of Undisputed Material Facts, #5 Exhibit Raffetto Declaration)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
June 21, 2021 Opinion or Order Filing 1029 STIPULATION EXTENDING TIME filed by BASF Corp.. (Muri, Anthony)
June 21, 2021 Opinion or Order Filing 1028 MOTION to Seal Filed. Notice Sent To: BASF Corp., Rohm and Haas Company. (Attachments: #1 Supporting Memorandum Memorandum Supporting Motion to Seal, #2 Affidavit Supporting Certification, #3 Proposed Order, #4 Proposed Sealed Document Memorandum Supporting Opposition, #5 Proposed Sealed Document Statement of Disputed Facts, #6 Proposed Sealed Document Supporting Exhibits, #7 Proposed Sealed Document Supporting Exhibits)(Muri, Anthony) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s). (Additional attachment(s) added on 6/22/2021: #8 Exhibit Certification in opposition to Motion for Summary Judgment) (Barletta, Barbara).
June 10, 2021 Opinion or Order Filing 1027 MOTION to Seal Filed. Notice Sent To: Rohm and Haas Company, BASF Corp.. (Attachments: #1 Supporting Memorandum Memo ISO Motion to Seal, #2 Supporting Memorandum Motion to Strike and Memo ISO Motion to Strike, #3 Exhibit Raffetto Decl. attaching exhibits)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
June 3, 2021 Opinion or Order Reset Hearings re: Notice of Hearing on Motion to Dismiss by United States of America, et al. (740 in 1:11-cv-00023-WES-LDA and 923 in 1:06-cv-00218-WES-LDA): Motion Hearing via Zoom RE-SCHEDULED to THURSDAY 7/8/2021 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom information is below.(Zoom Meeting ID: 161 317 6974, Passcode: 935458) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 27, 2021 Opinion or Order NOTICE of Hearing on Motion to Dismiss by United States of America, et al. (740 in 1:11-cv-00023-WES-LDA and 923 in 1:06-cv-00218-WES-LDA): Motion Hearing via Zoom scheduled for THURSDAY 6/10/2021 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom information is below.(Zoom Meeting ID: 161 317 6974, Passcode: 935458) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 25, 2021 Opinion or Order Filing 1022 Corporate Disclosure Statement by Induplate Operations, LLC identifying Corporate Parent Induplate Inc for Induplate Operations, LLC.. (Taveras, Angel)
May 25, 2021 Opinion or Order Filing 1021 Corporate Disclosure Statement by Induplate Inc identifying Corporate Parent Greystone of Lincoln, Inc. for Induplate Inc.. (Taveras, Angel)
May 25, 2021 Opinion or Order Filing 1020 Corporate Disclosure Statement by Greystone Incorporated identifying Corporate Parent Greystone of Lincoln, Inc. for Greystone Incorporated.. (Taveras, Angel)
May 21, 2021 Opinion or Order TEXT ORDER granting (1018) Motion to Seal; granting (1019) Motion to Seal in case 1:06-cv-00218-WES-LDA; granting (843) Motion to Seal; granting (844) Motion to Seal in case 1:11-cv-00023-WES-LDA; granting (143) Motion to Seal; granting (144) Motion to Seal in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 5/21/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 20, 2021 Opinion or Order Filing 1019 MOTION to Seal Filed. Notice Sent To: Rohm and Haas Company, BASF Corp.. (Attachments: #1 Memo In Support of Motion to Seal UNDER SEAL, #2 Motion for Summary Judgment and Memo In Support of UNDER SEAL, #3 Statement of Undisputed Material Facts UNDER SEAL, #4 Raffetto Decl. Seal UNDER SEAL)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
May 20, 2021 Opinion or Order Filing 1018 MOTION to Seal Filed. Notice Sent To: BASF Corp., Rohm and Haas Company. (Attachments: #1 Supporting Memorandum Supporting Memorandum, #2 Affidavit Certificate, #3 Proposed Order, #4 Supporting Memorandum Supporting Memorandum, #5 Undisputed Material Facts, #6 Exhibit Exhibits A - M, #7 Exhibit Exhibits N - P, #8 Exhibit Exhibit Q, #9 Exhibit Exhibit R, #10 Exhibit Exhibits S - V, #11 Exhibit Exhibits W - Z, #12 Exhibit Exhibits AA - NN)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
May 19, 2021 Opinion or Order TEXT ORDER granting #827 Third-Party Defendant Olin Corporation's Motion for Summary Judgment and Entry of Final Judgment and #831 Third-Party Defendant Phibro Animal Health Corporation's Motion for Summary Judgment and Entry of Final Judgment, given the lack of opposition to either motion from Emhart, as expressed in #836 Response to Olin Corporation's Motion and #837 Response to Phibro Animal Health Corporation's Motion. The question of whether the proportionate share or pro tanto approach should be applied to settlement proceeds received by Emhart shall be resolved in the Allocation Phase of this case. So Ordered by District Judge William E. Smith on 5/19/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 19, 2021 Opinion or Order TEXT ORDER granting #741 MOTION for Judgment on the Pleadings. In light of the First Circuit's decision affirming this Court's approval of the Consent Decree, the United States of America's Motion for Judgment on the Pleadings, ECF No. 741, is GRANTED. The Court will enter final judgment in favor of the United States with respect to the Third Parties Organic Dyestuffs', BNS Company's, Cranston Print Works Co.'s, Teknor Apex Co.'s, and the Original Bradford Soap Works Inc.'s contribution counterclaims once all claims regarding the United States of America are resolved. So Ordered by District Judge William E. Smith on 5/19/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 18, 2021 Opinion or Order TEXT ORDER granting (839) Motion for Extension of Time of Time for Summary Judgment Deadline filed by Rohm and Haas Company: Dispositive Motion(s) due by 5/20/21, Repsonse(s) due by 6/21/21, and Replies due by 7/21/21. So Ordered by District Judge William E. Smith on 5/18/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 12, 2021 Opinion or Order TEXT ORDER granting nunc pro tunc (990) Motion for Extension of Time ; denying as moot (992) Motion to Amend/Correct in case 1:06-cv-00218-WES-LDA; granting nunc pro tunc (812) Motion for Extension of Time ; denying as moot (814) Motion to Amend/Correct in case 1:11-cv-00023-WES-LDA; granting nunc pro tunc (112) Motion for Extension of Time ; denying as moot (114) Motion to Amend/Correct in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 5/12/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 6, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 5/6/2021; counsel present: J. Hovermill; J. Beavers; R. Green; A. Creticos; C. Holmes; J. Ronecke; R. Souza; D. McCall; D. McKay; K. McManus; J. Thomen; B. Parseghian; M. Nelson; P. Dupre; J. Farside; B. Jedele; A. Tavares; W. Short; M. Freel; R. Randle; R. Shindell; J. Ray; T. Schebor; D. Vineyard; A. Callum; G. La Terra Bellina. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
April 5, 2021 Opinion or Order TEXT ORDER granting (1013) Motion to Appear Pro Hac Vice of Laura Cellucci ; granting (1015) Motion to Appear Pro Hac Vice of Russell V. Randle in case 1:06-cv-00218-WES-LDA. So Ordered by District Judge William E. Smith on 4/5/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Hicks, Alyson)
April 5, 2021 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for Thursday 5/6/2021 at 3:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation will be emailed to counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
April 1, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 4/1/2021; counsel present: J. Hovermill, J. Beavers, R. Green; J. Ronecker; B. Parseghian; C. Holmes; R. Souza; W. Short; M. Nelson; K. McManus; D. McCall; H. Weiner; A. Creticos; M. Hensley; B. Jedele; D. Graham; P. Dupre; R. Fine; A. Tavares; M. Freel; J. Ray; J. Thomen; J. Farside; R. Shindell; T. Shebor; G. La Terra Bellina; J. Raffetto. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
March 29, 2021 Opinion or Order Filing 1017 RESPONSE In Opposition to (1006 in 1:06-cv-00218-WES-LDA, 130 in 1:18-cv-00316-WES-LDA, 831 in 1:11-cv-00023-WES-LDA) MOTION for Summary Judgment of Alleged Customer Defendants filed by CNA Holdings, LLC. Replies due by 4/5/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
March 29, 2021 Opinion or Order Filing 1016 RESPONSE In Opposition to (1002 in 1:06-cv-00218-WES-LDA, 827 in 1:11-cv-00023-WES-LDA, 126 in 1:18-cv-00316-WES-LDA) Third Party MOTION for Summary Judgment of Alleged Customer Defendants filed by CNA Holdings, LLC. Replies due by 4/5/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
March 29, 2021 Opinion or Order Filing 1015 MOTION for Russell V. Randle to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1607518 ) filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
March 26, 2021 Opinion or Order Filing 1014 Joint MOTION for an Extension of Time for Summary Judgment Deadline filed by Rohm and Haas Company. Responses due by 4/9/2021. (Attachments: #1 proposed order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris)
March 24, 2021 Opinion or Order Filing 1013 MOTION for Laura Cellucci to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1606279 ) filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
March 22, 2021 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (834) Motion to Seal in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 3/22/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
March 19, 2021 Opinion or Order Filing 1010 NOTICE by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc of Withdrawal of Appearance of Jonathan J. Huber Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
March 19, 2021 Opinion or Order Filing 1009 MOTION to Seal Emhart's Responses to Olin Corporation and Phibro Animal Health Corporation's Motions for Summary Judgment Filed. Notice Sent To: Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc, CNA Holdings, LLC, Greystone Incorporated, Induplate Inc, Induplate Operations, LLC, Rohm and Haas Company, State of Rhode Island, Department of Environmental Management, A. Harrison & Co., Inc., Akzo Nobel N.V., BASF Corp., BNS Co. f/k/a Browne & Sharpe Manufacturing Co, BNS, LLC, Bayer Corp., Black & Decker, Inc., Cal Chemical Corporation, ConocoPhillips Company, Cranston Print Works Co., Michael B. Donley, Duro Textiles, LLC, Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company, Eastern Resins Corp., Eastern Resins Corporation, Eli Lilly and Company, Henkel Corp., Hexagon Metrology, Inc., Indusol, Inc., Ingredion Inc., Ivax LLC, Lanxess Sybron Chemicals, Inc., Ray Mabus, New England Container Company, Inc, Win Noren, Northeast Products Co., Olin Corp., Organic Dyestuffs Corp., Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc, Leon E. Panetta, Phibro Animal Health Corp., Providence Washington Insurance Company, Inc., Rhodes Technologies, Inc., Sequa Corp., Sequa Corporation, Tanner Industries, Teknor Apex Co., Teknor-Apex, The Dow Chemical Company, The Original Bradford Soap Works, Inc., The United States of America, Travelers Casualty and Surety Company, Unilever United States, Inc., Union Oil Company of California, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, Univar USA, Inc., Woburn Steel Drum, Inc., A. Harrison & Co., Inc., BASF Corporation, BNS Company, CNA Holdings, Inc., Cranston Print Works Company, Duro Textiles LLC, Eli Lilly & Co., Evans Plating Corporation, Exxon Mobil Corporation, Robert M. Gates, Organic Dyestuffs Corporation, Leon E. Panetta, Teknor Apex Company, The Worcester Company, Inc, Univar USA Inc., Unocal Corporation. (Attachments: #1 REDACTED Non-Opposition to Olin MSJ, #2 SEALED Non-Opposition to Olin MSJ, #3 REDACTED Non-Opposition to Phibro MSJ, #4 SEALED Non-Opposition to Phibro MSJ)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
March 15, 2021 Opinion or Order Filing 1008 DECLARATION of James P. Ray in Support of Third Party Defendant, Phibro Animal Health Corp's Motion For Summary Judgment and Entry of Final Judgment by Phibro Animal Health Corp.. (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, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Boyajian, Steven)
March 15, 2021 Opinion or Order Filing 1007 STATEMENT OF UNDISPUTED FACTS In Support of Phibro Animal Health Corp.'s Motion for Summary Judgment and Entry of Final Judgment by Phibro Animal Health Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Boyajian, Steven)
March 15, 2021 Opinion or Order Filing 1006 MOTION for Summary Judgment filed by Phibro Animal Health Corp.. Responses due by 3/29/2021. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Boyajian, Steven)
March 15, 2021 Opinion or Order Filing 1005 DECLARATION re (1002 in 1:06-cv-00218-WES-LDA, 827 in 1:11-cv-00023-WES-LDA, 126 in 1:18-cv-00316-WES-LDA) Third Party MOTION for Summary Judgment by Olin Corp.. (Attachments: #1 Exhibit Exhibit 1 - Emhart's Third-Party Complaint, #2 Exhibit Exhibit 2 - Emhart's Second Amended Third-Party Complaint, #3 Exhibit Exhibit 3 - email from Van Hilderbrand (counsel for Emhart) dated January 16, 2018, with consolidated list of deposition for this and previously associated litigations, #4 Exhibit Exhibit 4 - Emharts Answers to Olin Corporations First Set of Phase III Interrogatories, #5 Exhibit Exhibit 5 - of Emharts Responses to Olin Corporations First Set of Phase III Requests for Production of Documents, #6 Exhibit Exhibit 6 - Olin Corporations Response to the USEPA Section 104(e) Information Request on the Centredale Site dated December 14, 2007, #7 Exhibit Exhibit 7 - Olin Corporations Response to the USEPAs CERCLA Section 104 First Supplemental Information Request on the Centredale Site dated August 29, 2008, #8 Exhibit Exhibit 8 - NECCs 104(e) Response to EPAs Request dated March 19, 1999, #9 Exhibit Exhibit 9 - NECCs 104(e) Response to the EPAs Request for Information dated March 3, 2000., #10 Exhibit Exhibit 10 - NECCs Supplemental Response to EPA Information Request dated February 12, 2002., #11 Exhibit Exhibit 11 - a portion of NECCs Supplemental Response to EPA Information Request dated August 22, 2002, along with Attachment A, #12 Exhibit Exhibit 12 - a portion of NECCs Supplemental Response to EPA Information Request dated June 11, 2003, #13 Exhibit Exhibit 13 - NECCs Supplemental Response to EPA Information Request dated October 1, 2008, #14 Exhibit Exhibit 14 - NECCs Supplemental Response to EPA Information Request dated April 21, 2009., #15 Exhibit Exhibit 17 - excerpts from the deposition transcript of Richard Costa taken on April 1, 2003 in the matter of Russell-Stanley Holdings, Inc. v. Vincent J. Buonanno, C.A. 01-cv-8218 (WK), #16 Exhibit Exhibit 18 - excerpts from the deposition transcript of Thomas Lussier taken on April 1, 2003 in the matter of Russell-Stanley Holdings, Inc. v. Vincent J. Buonanno, C.A. 01-cv-8218 (WK), #17 Exhibit Exhibit 19 - of excerpts from the deposition transcript of Thomas Lussier taken on April 30, 2009 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S., #18 Exhibit Exhibit 20 - excerpts from the deposition transcript of Thomas Lussier taken on June 18, 2014 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S and Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S, #19 Exhibit Exhibit 21 - excerpts from the deposition transcript of Raymond Nadeau taken on October 1, 2002 in the matter of Russell-Stanley Holdings, Inc. v. Vincent J. Buonanno, C.A. 01-cv-8218 (WK), #20 Exhibit Exhibit 22 - excerpts from the deposition transcript of Raymond Nadeau taken on December 17, 2002 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S, #21 Exhibit Exhibit 23 - excerpts from the trial transcript of Raymond Nadeau dated September 14-15, 2006 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S, #22 Exhibit Exhibit 24 - Affidavit of Raymond Nadeau dated October 27, 2000, #23 Exhibit Exhibit 25 - Statement of Raymond Nadeau dated August 14, 2002, #24 Exhibit Exhibit 26 - New England Containers Christmas Gift List, with handwritten date of Dec 1968, #25 Exhibit Exhibit 27 - excerpts from the deposition transcript of Don Asselin taken on November 30, 1999 in In the Matter of Centredale Manor Superfund Site, North Providence, Rhode Island, #26 Exhibit Exhibit 28 - excerpts from the deposition transcript of Don Asselin taken on May 7, 2013 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S and Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S, #27 Exhibit Exhibit 29 - excerpts from the deposition transcript of Vincent Buonanno taken on March 25, 2003 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S, #28 Exhibit Exhibit 30 - excerpts from the deposition transcript of Vincent Buonanno taken on March 28, 2003 in the matter of Russell-Stanley Holdings, Inc. v. Vincent J. Buonanno, C.A. 01-cv-8218 (WK), #29 Exhibit Exhibit 31 - excerpts from the deposition transcript of Vincent Buonanno taken on May 15, 2013 in the matter of Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023S, #30 Exhibit Exhibit 32 - excerpts from the deposition transcript of David Carbone taken on May 8, 2013 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S and Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S., #31 Exhibit Exhibit 33 - excerpts from the deposition transcript of Joseph Cifelli taken on September 30, 2002 in the matter of Russell-Stanley Holdings, Inc. v. Vincent J. Buonanno, C.A. 01-cv-8218 (WK), #32 Exhibit Exhibit 34 - excerpts from the deposition transcript of Joseph Cifelli taken on February 13, 2003 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S, #33 Exhibit Exhibit 35 - Affidavit of Edmund Izzo dated October 28, 2000, #34 Exhibit Exhibit 36 - excerpts from the transcript of Carlton Maine taken on April 29, 2009 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S, #35 Exhibit Exhibit 37 - excerpts from the trial testimony of Joseph Nadeau dated September 14-15, 2006 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S., #36 Exhibit Exhibit 38 - excerpts from the deposition transcript of Kenneth Neri taken on May 9, 2013 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S and Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S, #37 Exhibit Exhibit 39 - excerpts from the deposition transcript of Richard Poirier taken on September 18, 2013 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S and Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S, #38 Exhibit Exhibit 41 - of excerpts from the deposition transcript of John Turcone taken on November 30, 1999 in In the Matter of Centredale Manor Superfund Site, North Providence, Rhode Island., #39 Exhibit Exhibit 42 - excerpts from the deposition transcript of John Turcone taken on December 16, 2002 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S, #40 Exhibit Exhibit 43 - excerpts from the deposition transcript of Gernnaro Zeoli taken on November 8, 2002 in the matter of Russel-Stanley Holdings, Inc. v. Vincent Buonanno, C.A. 01-cv-8218 (wk) and his signed Affidavit dated June 12, 2002, #41 Exhibit Exhibit 16 - excerpts from the deposition transcript of Eugene DOnofrio taken on April 28, 2009 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S, #42 Exhibit Exhibit 44 - Arch Chemicals, Inc.s Response to the USEPA Section 104(e) Information Request on the Centredale Site dated April 16, 2009, #43 Exhibit Exhibit 45 - excerpts from the deposition transcript of Arch Chemicals, Inc. (Mark Faford) taken on April 21, 2009 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S, #44 Exhibit Exhibit 46 - an email from Emharts counsel Joseph Beavers dated November 2, 2017 acknowledging he is not aware of any prior depositions, exhibit, trial testimony, etc. that involve [Olin-Wayland], #45 Exhibit Exhibit 49 - Emhart Industries, Inc. and Black & Decker Inc.s Rule 26(a)(1) Initial Disclosure Statement, #46 Exhibit Exhibit 50 - email exchange between Van Hilderbrand and Jerry Ronecker noting at least ten Wayland witnesses are deceased, including five since 2012, #47 Exhibit Exhibit 51 - excerpts from the deposition transcript of Raymond Nadeau taken on June 12, 2013 in the matter of Emhart Industries, Inc. v. New England Container Company et al., C.A. 06-218-S and Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S, #48 Exhibit Exhibit 52 - excerpts from the transcript of Raymond Nadeau taken on September 10, 2008 in the matter of Emhart Industries, Inc. v. United States Department of the Air Force, et al., C.A. 11-023-S, #49 Exhibit Exhibit 53 - notes from an interview of Raymond Nadeau on December 11, 2001, #50 Exhibit Exhibit 54 - Affidavit of David Carbone dated October 26, 2000, #51 Exhibit Exhibit 55 - FUJIFILM Hunt Chemicals U.S.A., Inc. response to USEPAs CERCLA Section 104 Information Request, #52 Exhibit Exhibit 56 - excerpts from the deposition transcript of Robert Baker taken on April 22, 2009 in the matter of Emhart Industries, Inc. v. Home Insurance Company, et al., C.A. No. 02-053S, #53 Exhibit Exhibit 57 - Affidavit of Joseph Nadeau dated January 20, 2001, #54 Exhibit Exhibit 58 - notes from the interview of Joseph Cifelli marked as Emhart Exhibit 195, #55 Exhibit Exhibit 59 - notes from the interview of Edmund Izzo marked as Emhart Exhibit 197)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ronecker, Jerry)
March 15, 2021 Opinion or Order Filing 1004 STATEMENT OF UNDISPUTED FACTS in Support of Olin Corporation's Motion for Summary Judgment by Olin Corp. re (1002 in 1:06-cv-00218-WES-LDA, 827 in 1:11-cv-00023-WES-LDA, 126 in 1:18-cv-00316-WES-LDA) Third Party MOTION for Summary Judgment . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ronecker, Jerry)
March 15, 2021 Opinion or Order Filing 1003 MEMORANDUM IN SUPPORT by Olin Corp. in support of (126 in 1:18-cv-00316-WES-LDA) Third Party MOTION for Summary Judgment . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ronecker, Jerry)
March 15, 2021 Opinion or Order Filing 1002 Third Party MOTION for Summary Judgment filed by Olin Corp.. Responses due by 3/29/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ronecker, Jerry)
February 23, 2021 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for 4/1/2021 at 3:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation will be emailed to participating counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
February 17, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 2/17/2021; counsel present: J. Hovermill, J. Beavers, R. Green; C. Holmes; K. McManus; J. Wolfson; D. McCall; B. Parseghian; A. Creticos; J. Roenecker; R. Shindell; M. Freel; M. Nelson; R. Fine; A. Callum; J. Ray; A. Tavares; B. Jedele; W. Short; O. Vineyard; R. Souza; D. McCay; D. Graham; T. Schebor; J. Thomen; H. Weiner; G. La Terra Bellina Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
February 17, 2021 Opinion or Order Filing 1001 ORDER granting (1000) Motion for Extension of Time to Complete Discovery. in case 1:06-cv-00218-WES-LDA; granting (825) Motion for Extension of Time to Complete Discovery. in case 1:11-cv-00023-WES-LDA; granting (122) Motion for Extension of Time to Complete Discovery. in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 2/17/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
February 11, 2021 Opinion or Order Filing 1000 Joint MOTION for an Extension of Time to Complete Discovery filed by Rohm and Haas Company. Responses due by 2/25/2021. (Attachments: #1 propsed order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris)
February 5, 2021 Opinion or Order Filing 999 THIRTEENTH REVISED CASE MANAGEMENT ORDER. So Ordered by District Judge William E. Smith on 2/5/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 25, 2021 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for Wednesday 2/17/2021 at 3:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation will be emailed to all counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 22, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 1/22/2021; counsel present: J. Hovermill, J. Beavers, R. Green; J. Ronecker; J. Ferroli; B. Parseghian; K. McManus; D. McCall; M. Nelson; M. Freel; D. Graham; A. Creticos; A. Tavares; H. Weiner; R. Shindell; C. Holmes; M. Hensley; J. Ray; R. Fine; W. Short; J. Farside; T. Schebor; D. Vineyard; A. Callum; D. McKay; R. Souza Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 21, 2021 Opinion or Order Filing 998 NOTICE by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
January 21, 2021 Opinion or Order TEXT ORDER: In advance of the conference scheduled for January 22, 2021 at 2:00 PM, I am providing you with the key issues I would like to discuss. Circulating a proposed Case Management Order prior to this conference would be inefficient, given the additional input needed from the parties. First, I am inclined to extend the Phase III Fact Discovery Regarding Liability Deadline to November 1, 2021. With this deadline, no further extensions would be granted, absent an extremely unusual and/or catastrophic occurrence necessitating a further extension. Second, I would like to revisit with you the reasons for the length of time set between the filing deadline for motions regarding Plaintiffs' liability experts and motions regarding Defendants' liability experts, and whether that length could be reduced. Third, I am not inclined to bifurcate the deadlines for discovery and dispositive motions, and divide defendants into "Alleged Customer Defendants" and "Remaining Defendants," as proposed in the Defendants' Response and Cross-Motion, ECF No. 819, and accompanying Proposed Thirteenth Revised Case Management Order, ECF No. 819-1. While any party is free to request permission to file an early dispositive motion, I cannot guarantee that I will entertain that motion or compel the opposing parties to respond until the deadlines to be set forth in the Thirteenth Case Management Order. Fourth, I will not decide at this point the issue of limiting the number of fact depositions Plaintiffs may take in the liability discovery portion of Phase III. That issue is a discovery dispute, and the parties must attempt to reach an agreement before asking me for a decision. So Ordered by District Judge William E. Smith on 1/21/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 19, 2021 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference scheduled for FRIDAY 1/22/2021 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation will be emailed to all counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 15, 2021 Opinion or Order Filing 997 RESPONSE In Support to (114 in 1:18-cv-00316-WES-LDA, 992 in 1:06-cv-00218-WES-LDA, 814 in 1:11-cv-00023-WES-LDA) MOTION to Amend/Correct (83 in 1:18-cv-00316-WES-LDA, 957 in 1:06-cv-00218-WES-LDA, 771 in 1:11-cv-00023-WES-LDA) Order filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Replies due by 1/22/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
January 15, 2021 Opinion or Order Filing 996 NOTICE by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re: Emhart's Motion to Modify CMO Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
January 15, 2021 Opinion or Order Filing 995 ORDER granting (991) Motion for Extension of Time to Complete Discovery: AMENDED FOURTH-PARTY CASE MANAGEMENT ORDER in case 1:06-cv-00218-WES-LDA; granting (813) Motion for Extension of Time to Complete Discovery in case 1:11-cv-00023-WES-LDA; granting (113) Motion for Extension of Time to Complete Discovery in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 1/15/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Urizandi, Nisshy)
January 15, 2021 Opinion or Order TEXT ORDER: After review of the #814 Motion to Amend/Correct, #819 Response in Opposition to Motion to Amend/Correct, and #821 Notice, this Court is developing an order and revisions to the Case Management Order based on the parties filings. The Court will circulate a proposed order and revised CMO for the parties review, to be discussed at the following scheduled conference: January 22, 2021 at 2:00 PM. So Ordered by District Judge William E. Smith on 1/15/2021. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Urizandi, Nisshy)
January 13, 2021 Opinion or Order Filing 994 RESPONSE In Opposition to (114 in 1:18-cv-00316-WES-LDA) MOTION to Amend/Correct (83 in 1:18-cv-00316-WES-LDA, 957 in 1:06-cv-00218-WES-LDA, 771 in 1:11-cv-00023-WES-LDA) Order and CROSS-MOTION of Alleged Customer Defendants filed by CNA Holdings, LLC. Replies due by 1/20/2021. (Attachments: #1 Proposed Thirteenth Revised Case Management Order, #2 Supporting Memorandum in Support of Response and Cross-Motion)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
December 23, 2020 Opinion or Order TEXT ORDER granting (988) Motion to Appear Pro Hac Vice of Candee Wilde ; granting (989) Motion to Appear Pro Hac Vice of Caleb Holmes in case 1:06-cv-00218-WES-LDA; granting (810) Motion to Appear Pro Hac Vice of Candee Wilde, Caleb Holmes ; granting (811) Motion to Appear Pro Hac Vice of Candee Wilde, Caleb Holmes in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 12/4/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
December 21, 2020 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 12/21/2020; counsel present: J. Hovermill, J. Beavers, R. Green; J. Ferroli; D. Graham; W. Short; B. Parseghian; D. McCall; C. Holmes; K. McManus; J. Wolfson; M. Nelson; H. Weiner; J. Ray; J. Thomen; R. Shindell; J. Farside; D. Vineyard; D. McCay; A. Tavares; M. Freel; A. Callum; R. Souza; B. Jedel; R. Fine. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
December 21, 2020 Opinion or Order TEXT ORDER: Response(s) to (114 in 1:18-cv-00316-WES-LDA, 992 in 1:06-cv-00218-WES-LDA, 814 in 1:11-cv-00023-WES-LDA) MOTION to Amend/Modify the Case Management Order to be filed on or before FRIDAY 1/15/2021. So Ordered by District Judge William E. Smith on 12/21/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
December 21, 2020 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (818) Motion to Appear Pro Hac Vice of Winthrop A. Short, Jr. in case 1:11-cv-00023-WES-LDA. So Ordered by District Judge William E. Smith on 12/21/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Hicks, Alyson)
December 18, 2020 Opinion or Order Filing 993 MOTION for Winthrop A. Short, Jr. to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1578762 ) filed by CNA Holdings, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
December 18, 2020 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for MONDAY 12/21/2020 at 3:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom info will be emailed to counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Jackson, Ryan).
December 7, 2020 Opinion or Order Filing 992 MOTION to Amend/Correct (83 in 1:18-cv-00316-WES-LDA, 957 in 1:06-cv-00218-WES-LDA, 771 in 1:11-cv-00023-WES-LDA) Order filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 12/21/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
December 7, 2020 Opinion or Order Filing 991 Joint MOTION for an Extension of Time to Complete Discovery filed by Rohm and Haas Company. Responses due by 12/21/2020. (Attachments: #1 proposed order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris)
December 4, 2020 Opinion or Order Filing 990 MOTION for an Extension of Time for Newly Named Defendants to Respond to Emhart's Second Amended Third-Party Complaint and Cross-Claim AND Stipulation filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 12/18/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
December 4, 2020 Opinion or Order Filing 989 MOTION for Caleb Holmes to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1573787 ) filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
December 4, 2020 Opinion or Order Filing 988 MOTION for Candee Wilde to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1573783 ) filed by Greystone Incorporated, Induplate Inc, Induplate Operations, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
December 4, 2020 Opinion or Order Filing 987 NOTICE of Appearance by Angel Taveras on behalf of Greystone Incorporated, Induplate Inc, Induplate Operations, LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Taveras, Angel)
November 24, 2020 Opinion or Order Filing 986 ANSWER to Third Party Complaint (Second Amended) and Cross-claim of Emhart Industries, Inc. and Black & Decker Inc. by Indusol, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCay, David)
November 18, 2020 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 11/18/2020; counsel present: J. Hovermill, J. Beavers, R. Green; K. McManus; J. Ronecke; J. Wolfson; B. Parseghian; J. Ferroli; A. Creticos; D. McCall; H. Weiner; J. Ray; M. Freel; A. Callum; R. Souza; R. Shindell; J. Farside; B. Jedele; M. Nelson; D. Graham; J. Thomen; D. McCay; R. Fine; D. Vineyard. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
September 29, 2020 Opinion or Order Filing 985 Olin Corporation's Original ANSWER to Complaint Emhart's Second Amended Third-Party Complaint and Cross-Claim by Olin Corp..(Ronecker, Jerry)
September 25, 2020 Opinion or Order Filing 984 Eastern Color & Chemical Co.'s ANSWER to Third Party Complaint Second Amended by Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Callam, Alexandra)
September 23, 2020 Opinion or Order Filing 983 ORDER granting (982) Motion for Extension of Time to Complete Discovery: AMENDED FOURTH-PARTY CASE MANAGEMENT ORDER. So Ordered by District Judge William E. Smith on 9/22/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
September 23, 2020 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for Wednesday 11/18/2020 at 3:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invite and instructions will be emailed to all counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
September 22, 2020 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Zoom Video-Conference held on 9/22/2020; counsel present: J. Hovermill; J. Beavers; R. Green; A. Creticos; J. Ray; J. Thomen; R. Fine; B. Jedele; D. Graham; J. Ferroli; B. Parseghian; R. Souza; G. Petros; M. Freel; H. Weiner; J. Ronecke; D. McCay; M. Nelson; K. McManus; M. Hensley; J. Farside; J. Wolfson; J. King; A. Callum; D. Vineyard; D. McCall. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
September 21, 2020 Opinion or Order Filing 982 Joint MOTION for an Extension of Time to Complete Discovery filed by BASF Corp.. Responses due by 10/5/2020. (Attachments: #1 Exhibit Proposed Form of Order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
September 18, 2020 Opinion or Order Filing 981 Union Oil Company of California's Original ANSWER to Third Party Complaint Emhart's Second Amended Third-Party Complaint and Cross-Claim by Union Oil Company of California. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
September 18, 2020 Opinion or Order Filing 980 Exxon Mobil Corporation's Original ANSWER to Third Party Complaint Emhart's Second Amended Third-Party Complaint and Cross-Claim by Exxon Mobil Corporation. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Vineyard, Daniel)
September 18, 2020 Opinion or Order Filing 979 ANSWER to Second Amended Third-Party Complaint AND Cross-Claim of Emhart Idustries, Inc. and Black & Decker Inc. by Organic Dyestuffs Corp., Organic Dyestuffs Corporation; COUNTERCLAIM of Organic Dyestuffs Corp. against Emhart Industries, Inc. and Black and Decker Inc Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael) Modified on 10/1/2020 to correct docket text (Simoncelli, Michael).
September 18, 2020 Opinion or Order Filing 978 ANSWER to Third Party Complaint Answer to Second Amended Third-Party Complaint and Cross-Claim by Cranston Print Works Co.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
September 18, 2020 Opinion or Order Filing 977 ANSWER to Third Party Complaint Answer to Second Amended Third-Party Complaint and Cross-Claim by Hexagon Metrology, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
September 18, 2020 Opinion or Order Filing 976 ANSWER to Third Party Complaint Answer to Second Amended Third-Party Complaint and Cross-Claim by BNS, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
September 18, 2020 Opinion or Order Filing 975 ANSWER to #658 Crossclaim, by BASF Corp..(Muri, Anthony)
September 18, 2020 Opinion or Order Filing 974 ANSWER to Third Party Complaint by Henkel Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Nelson, Monica)
September 10, 2020 Opinion or Order Filing 973 STIPULATION re (781 in 1:11-cv-00023-WES-LDA) Amended Complaint Extending Deadline for Eli Lilly and Company's Response to Second Amended Third-Party Complaint and Cross-Claim filed by Eli Lilly and Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ferroli, John)
September 10, 2020 Opinion or Order Filing 972 Summons Request filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Migliaccio, Emily)
September 10, 2020 Opinion or Order Filing 971 Summons Request filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Migliaccio, Emily)
September 10, 2020 Opinion or Order Filing 970 Summons Request filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Migliaccio, Emily)
September 10, 2020 Opinion or Order Filing 969 Summons Request filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Migliaccio, Emily)
September 10, 2020 Opinion or Order Filing 968 Summons Request filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Migliaccio, Emily)
August 25, 2020 Opinion or Order TEXT ORDER granting (959) Motion to Amend/Correct in case 1:06-cv-00218-WES-LDA; granting (773) Motion to Amend/Correct in case 1:11-cv-00023-WES-LDA; granting (84) Motion to Amend/Correct in case 1:18-cv-00316-WES-LDA: granting #773 Emhart Industries, Inc. and Black & Decker Inc.'s ("Emhart") Motion for Leave to Amend Third-Party Complaint and Cross-Claim. After reviewing the relevant papers, including the three oppositions, the Court is satisfied that leave to file the Second Amended Third-Party Complaint and Cross-Claim is warranted under Federal Rules of Civil Procedure 16(b)(4) and 15(a)(2) where Emhart has met Rule 16(b)(4)'s "good cause" standard and Rule 15(a)(2)'s "freely given" standard. See Klunder v. Brown Univ., 778 F.3d 24, 35 n.8 (1st Cir. 2015) (describing "decision on whether or not to grant a motion to amend" as "a case-specific, fact-based determination"). Emhart principally bases its Motion on newly discovered evidence, which is an appropriate purpose. See Somascan, Inc. v. Philips Med. Sys. Nederland, B.V., 714 F.3d 62, 64 (1st Cir. 2013) (affirming district court's decision to deny motion for leave to amend where, recognizing "protracted delay" as "itself a sufficient reason for the court to withhold permission to amend", the movant did not allege new evidence was uncovered and offered no other excuse) (internal citation and quotation marks omitted). None of the arguments advanced in opposition to this basis, or those in opposition to Emhart's clarifications of (and supplements to) the existing allegations, is convincing. See id. ("Rule 16's good cause standard focuses on the diligence (or lack thereof) of the moving party more than it does on any prejudice to the party-opponent.") (internal citation and quotation marks omitted). The Court finds that Emhart did not engage in undue delay or dilatory conduct. See United States ex rel. Gagne v. City of Worcester, 565 F.3d 40, 48 (1st Cir. 2009) (recognizing that, under Rule 15(a), "[r]easons for denying leave include undue delay in filing the motion, bad faith or dilatory motive, repeated failure to cure deficiencies, undue prejudice to the opposing party, and futility of amendment") (citation omitted). Granting this Motion will not unduly prejudice any party, see O'Connell v. Hyatt Hotels of Puerto Rico, 357 F.3d 152, 155 (1st Cir. 2004) (discussing Rule 16(b) analysis, and noting that "[p]rejudice to the opposing party remains relevant but is not the dominant criterion"), and the proposed amendment is not futile, see Hatch v. Dep't for Children, Youth & Their Families, 274 F.3d 12, 19 (1st Cir. 2001) (recognizing the standard for leave to amend when "leave to amend is sought before discovery is complete and neither party has moved for summary judgment... is gauged by reference to the liberal criteria of Federal Rule of Civil Procedure 12(b)(6)"). Because Emhart has shown "good cause" under Rule 16(b)(4) and has likewise satisfied Rule 15(a)(2), the Court GRANTS Emhart's Motion for Leave to Amend Third-Party Complaint and Cross-Claim. The parties shall meet and confer and submit to the Court a separate schedule for these new claims. So Ordered by District Judge William E. Smith on 8/25/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 19, 2020 Opinion or Order Filing 967 REPLY to Response re (774 in 1:11-cv-00023-WES-LDA, 961 in 1:06-cv-00218-WES-LDA, 85 in 1:18-cv-00316-WES-LDA) Response to Motion,, (775 in 1:11-cv-00023-WES-LDA, 962 in 1:06-cv-00218-WES-LDA, 86 in 1:18-cv-00316-WES-LDA) Response to Motion,, (960 in 1:06-cv-00218-WES-LDA) Response to Motion, filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
August 18, 2020 Opinion or Order Filing 966 NOTICE of Appearance by Krystle Guillory Tadesse on behalf of Hexagon Metrology, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tadesse, Krystle)
August 18, 2020 Opinion or Order Filing 965 NOTICE of Appearance by Krystle Guillory Tadesse on behalf of Cranston Print Works Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tadesse, Krystle)
August 18, 2020 Opinion or Order Filing 964 NOTICE of Appearance by Krystle Guillory Tadesse on behalf of The Original Bradford Soap Works, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tadesse, Krystle)
August 18, 2020 Opinion or Order Filing 963 NOTICE of Appearance by Krystle Guillory Tadesse on behalf of BNS Company, BNS, LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tadesse, Krystle)
August 11, 2020 Opinion or Order TEXT ORDER Extending Reply Deadline to the Responses to the #773 MOTION to Amend/Correct up to and including 8/19/2020. So Ordered by District Judge William E. Smith on 8/11/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 7, 2020 Opinion or Order Filing 962 RESPONSE In Opposition to (84 in 1:18-cv-00316-WES-LDA) MOTION to Amend/Correct (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, (658 in 1:06-cv-00218-WES-LDA) Crossclaim, (470 in 1:11-cv-00023-WES-LDA, 470 in 1:11-cv-00023-WES-LDA) Third Party Complaint,,, Crossclaim,, filed by Eli Lilly and Company. Replies due by 8/14/2020. (Attachments: #1 Exhibit A)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ferroli, John)
August 7, 2020 Opinion or Order Filing 961 RESPONSE In Opposition to (773 in 1:11-cv-00023-WES-LDA, 84 in 1:18-cv-00316-WES-LDA, 959 in 1:06-cv-00218-WES-LDA) MOTION to Amend/Correct (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, (658 in 1:06-cv-00218-WES-LDA) Crossclaim, (470 in 1:11-cv-00023-WES-LDA, 470 in 1:11-cv-00023-WES-LDA) Third Party Complaint,,, Crossclaim,, filed by BNS, LLC, Hexagon Metrology, Inc.. Replies due by 8/14/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
August 7, 2020 Opinion or Order Filing 960 RESPONSE In Opposition to #959 MOTION to Amend/Correct (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, (658 in 1:06-cv-00218-WES-LDA) Crossclaim, (470 in 1:11-cv-00023-WES-LDA, 470 in 1:11-cv-00023-WES-LDA) Third Party Complaint,,, Crossclaim,, filed by Henkel Corp.. Replies due by 8/14/2020. (Nelson, Monica)
July 31, 2020 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for Tuesday 9/22/2020 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation and instructions have been emailed to all counsel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 28, 2020 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference (via Zoom) held on 7/28/2020; counsel present: J. Hovermill, J. Beavers; R. Green; J. Farside; J. King; J. MacLaughlin; J. Thomen; J. Ferroli; B. Parseghian; K. McManus; D. Vineyard; M. Hensley; M. Nelson; D. McCall; R. Shindell; D. Graham; J. Ray; J. Wolfson; A. Creticos; M. Freel; D. McCay; H. Weiner; J. La Terra Bellina; B. Jedele; A. Callum. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 24, 2020 Opinion or Order Filing 959 MOTION to Amend/Correct (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, (658 in 1:06-cv-00218-WES-LDA) Crossclaim, (470 in 1:11-cv-00023-WES-LDA, 470 in 1:11-cv-00023-WES-LDA) Third Party Complaint,,, Crossclaim,, filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 8/7/2020. (Attachments: #1 Supporting Memorandum, #2 Exhibit 1 - Second Amended Third-Party Complaint and Cross-Claim, #3 Exhibit 2 - Redlined Compare of Second Amended Third-Party Complaint and Cross-Claim)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
June 25, 2020 Opinion or Order Filing 958 TRANSCRIPT of Motion Hearing, held on October 16, 2019, before Chief Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Veitch, Denise)
June 16, 2020 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for TUESDAY 7/28/2020 at 2:00 PM via Remote Hearing before District Judge William E. Smith; Zoom invitation and instructions will be emailed to all counsel of record. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
June 3, 2020 Opinion or Order Filing 957 TWELFTH REVISED CASE MANAGEMENT ORDER. So Ordered by District Judge William E. Smith on 6/2/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 28, 2020 Opinion or Order Filing 956 AMENDED CASE MANAGEMENT ORDERADDENDUM FOR FOURTH-PARTY PRACTICE/ORDER granting (951) Motion for Extension of Time in case 1:06-cv-00218-WES-LDA; granting (766) Motion for Extension of Time in case 1:11-cv-00023-WES-LDA; granting (78) Motion for Extension of Time in case 1:18-cv-00316-WES-LDA. So Ordered by District Judge William E. Smith on 5/28/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 20, 2020 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Status Conference (via Zoom Videoconference) held on 5/20/2020: counsel attending via Zoom: R. Fine; B. Jedele; G. Petros; J. Hovermill; J. Beavers; J. Ferolli; D.Graham; H. Weiner; K. McManus; D. McCall; B. Shindell; J. King; E. Vaudo; A. Creticos; J. Thomen; B. Parseghian; J. Farside; D. McKay; J. Ray; P. Dupre; J. McLoughlin; D. Vineyard; R. Green; A. Callum; M. Freel; R. Souza; L. Moorhead. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 20, 2020 Opinion or Order Filing 955 NOTICE by Olin Corp. of Withdrawal of Kristen Whittle/Entry of Appearance of Robert Shindell (Whittle, Kristen)
May 18, 2020 Opinion or Order Filing 954 STATUS REPORT (Joint with Rohm and Haas Company) by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
May 15, 2020 Opinion or Order Filing 953 STATUS REPORT by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
May 12, 2020 Opinion or Order Filing 952 PROPOSED Amended Case Management Order Addendum for Fourth Party Practice by Rohm and Haas Company. Amendment to (78 in 1:18-cv-00316-WES-LDA) Joint MOTION for an Extension of Time OF FOURTH-PARTY DISCOVERY DEADLINE -Proposed Order. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris) Modified on 5/13/2020 to correct docket text(Potter, Carrie).
May 12, 2020 Opinion or Order Filing 951 Joint MOTION for an Extension of Time OF FOURTH-PARTY DISCOVERY DEADLINE filed by Rohm and Haas Company. Responses due by 5/26/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris)
May 11, 2020 Opinion or Order UPDATED NOTICE OF HEARING: Status Conference re: Discovery Progress via Zoom Video-conferencing scheduled for Wednesday 5/20/2020 at 2:00 PM before District Judge William E. Smith; Zoom Videoconference invitation and instructions will be emailed to counsel of record. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
May 7, 2020 Opinion or Order Filing 950 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: (76 in 1:18-cv-00316-WES-LDA) Transcript Order, (75 in 1:18-cv-00316-WES-LDA) Transcript Order,. Court Reporter/Transcriber: Denise Veitch. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dias, Jennifer)
May 7, 2020 Opinion or Order Filing 949 TRANSCRIPT ORDER for proceedings held on 10/16/2019 before Judge Smith. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCall, III, Duke)
May 7, 2020 Opinion or Order Filing 948 TRANSCRIPT ORDER for proceedings held on 10/16/2019 before Judge Smith. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Flint, Myles)
May 4, 2020 Opinion or Order Filing 947 NOTICE by The United States of America re (73 in 1:18-cv-00316-WES-LDA, 946 in 1:06-cv-00218-WES-LDA, 761 in 1:11-cv-00023-WES-LDA) Notice (Other), (72 in 1:18-cv-00316-WES-LDA, 760 in 1:11-cv-00023-WES-LDA, 945 in 1:06-cv-00218-WES-LDA) Notice (Other), Order,,,,,,,,,,, Notice of Letter to First Circuit Correcting Record (Attachments: #1 Attached Letter to First Circuit)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
May 1, 2020 Opinion or Order Filing 946 NOTICE by The United States of America re (72 in 1:18-cv-00316-WES-LDA, 945 in 1:06-cv-00218-WES-LDA, 760 in 1:11-cv-00023-WES-LDA) Notice (Other), Order,,,,,,,,,,, Response and Notice of Intent to Correct Motion Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
May 1, 2020 Opinion or Order Filing 945 NOTICE by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc re Order,,,,,,,,,,, Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
May 1, 2020 Opinion or Order TEXT ORDER: The Court has become aware that in a recent filing in the First Circuit, in the 2017 appeal in which the First Circuit authorized this Court to conduct proceedings related to the proposed consent decree, seeking to be relieved of the obligation of filing status reports, the government, in an assented-to motion, said this:"On February 6, 2019, this Court granted the United States' unopposed motion for expanded limited remand of the above-captioned appeal. This Court's Order authorized the district court to conduct 'proceedings connected to the proposed consent decree and any related matters.'On April 8, 2019, the district court entered an order entering the Consent Decree. In that order, the district court expressed the intention of preparing a Memorandum of Decision further explaining its reasoning. It has been over a year since then, however, and no such Memorandum has been filed, nor does it appear that one is forthcoming.... The last relevant, reportable action in the district court was the filing of the nonsettling third-party defendants' notice of appeal on May 31, 2019. In the unlikely event that any relevant developments do transpire in the district court, the United States will promptly inform this Court."Of course, you will recall that at the status conference on October 16, 2019, you specifically requested that I not issue my Memorandum of Decision. As I told you then, a considerable amount of work had gone into that explanatory memorandum, and it was nearly ready to be filed; but to accommodate you, we put it away, never to see the light of day. Now, having worked with this evolving group of attorneys for nearly fifteen years on this case and its predecessor, I want to believe that you did not intend to suggest to the Court of Appeals that I simply did not do what I said I was going to do in my Order approving the consent decree. Perhaps, for example, the person typing this motion inadvertently deleted a phrase after "... and it does not appear that one is forthcoming", such as "because we specifically asked the district judge not to issue his already written memorandum", or something similar. But alas, that is kind of hard to believe. Maybe it is that you don't think we check up from time to time on the things you say in your filings in the Court of Appeals. That would not be a very smart assumption. Or, perhaps, this is your way of secretly suggesting to me that you would like me to issue the Memorandum of Decision. Whatever it is, I suggest you be prepared to let me know at our conference May 20. So Ordered by District Judge William E. Smith on 5/1/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
April 13, 2020 Opinion or Order Reset Hearings re: Notice of Status Conference re: Discovery Progress RESCHEDULED to Wednesday 5/20/2020 at 2:00 PM in Judical Conference Room, Room 203 U.S. Courthouse before District Judge William E. Smith; the conference previously scheduled for 4/21/2020 is hereby CANCELLED. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
March 20, 2020 Opinion or Order Filing 944 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: (943 in 1:06-cv-00218-WES-LDA, 70 in 1:18-cv-00316-WES-LDA, 758 in 1:11-cv-00023-WES-LDA) Transcript Order,. Court Reporter/Transcriber: Denise Veitch. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dias, Jennifer)
March 18, 2020 Opinion or Order Filing 943 TRANSCRIPT ORDER for proceedings held on 10/16/19 before Judge Smith. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Weiner, Harris)
January 31, 2020 Opinion or Order Filing 942 CASE MANAGEMENT ORDER ADDENDUM FOR FOURTH-PARTY PRACTICE re: #756 ELEVENTH REVISED CASE MANAGEMENT ORDER (in 1:11-cv-00023-WES-LDA). So Ordered by District Judge William E. Smith on 1/31/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 24, 2020 Opinion or Order Filing 941 ELEVENTH REVISED CASE MANAGEMENT ORDER. So Ordered by District Judge William E. Smith on 1/24/2020. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 23, 2020 Opinion or Order NOTICE of Hearing: Status Conference re: Discovery Progress scheduled for Tuesday 4/21/2020 at 2:00 PM in the Judical Conference Room, Room 203, 2nd Floor of the U.S. Courthouse before District Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 22, 2020 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Status Conference held on 1/22/2020; counsel present: J. Ferroli; D. McCall; J. King; K. McManus; H. Weiner; G. La Terra Bellina; J. Hovermill; J. Beavers; V. Hildebrand; A. Creticos; J. Ray; B. Rarseghian; J. Wolfson; J. Petros; D. Graham; J. Farside; D. McCay; R. Souza; A. Callam; R. Green; K. Whittle; R. Fine; B. Jedele; M. Freel. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 21, 2020 Opinion or Order Filing 940 NOTICE of Appearance by Alexandra K. Callam on behalf of Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Callam, Alexandra)
January 17, 2020 Opinion or Order Filing 939 NOTICE by Black & Decker Inc., Emhart Industries, Inc. Letter Brief re: Proposed Data Cut-Off Deadline Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Beavers, Joseph)
January 17, 2020 Opinion or Order Filing 938 MEMORANDUM IN SUPPORT by Eli Lilly and Company in support of (31 in 1:18-cv-00316-WES-LDA) Order on Motion to Amend/Correct (in Support of a Data Cutoff in the Revised Case Management Order). Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ferroli, John)
November 21, 2019 Opinion or Order TEXT ORDER granting nunc pro tunc #930 Motion for Extension of Time to Answer; Rohm and Haas Company answer due 11/14/2019. So Ordered by Chief Judge William E. Smith on 11/21/2019. (Jackson, Ryan)
November 15, 2019 Opinion or Order Filing 936 NOTICE of Appearance by Alexandra K. Callam on behalf of IVAX LLC Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Callam, Alexandra)
November 14, 2019 Opinion or Order Filing 937 ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO FOURTH PARTY COMPLAINT by Rohm and Haas Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:18-cv-00316-WES-LDA (Jackson, Ryan)
November 12, 2019 Opinion or Order TEXT ORDER granting #935 Motion to Appear Pro Hac Vice of Laurence Kirsch. So Ordered by Chief Judge William E. Smith on 11/12/2019. (Potter, Carrie)
November 11, 2019 Opinion or Order Filing 935 MOTION for Laurence S. Kirsch to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1443266 ) filed by Rohm and Haas Company. (Weiner, Harris)
November 7, 2019 Opinion or Order Filing 934 NOTICE by Ivax LLC - Withdrawal of Appearance of Andrew S. Tugan Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tugan, Andrew)
November 7, 2019 Opinion or Order Filing 933 NOTICE by Ivax LLC - Withdrawal of Appearance of Andrew S. Tugan (Tugan, Andrew)
November 7, 2019 Opinion or Order Filing 932 NOTICE by Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company - Withdrawal of Appearance of Andrew S. Tugan Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tugan, Andrew)
November 7, 2019 Opinion or Order Filing 931 NOTICE by Eastern Color & Chemical Co, Eastern Color & Chemical Co., Eastern Color & Chemical Company - Withdrawal of Appearance of Andrew S. Tugan (Tugan, Andrew)
October 30, 2019 Opinion or Order Filing 930 MOTION for an Extension of Time to File Answer up to including November 14, 2019 filed by Rohm and Haas Company. Responses due by 11/13/2019. (Raffetto, John)
October 17, 2019 Opinion or Order TEXT ORDER granting in part and denying in part (894) Motion to Dismiss in case 1:06-cv-00218-WES-LDA: The Court GRANTS in part and DENIES in part [ECF 894] Rohm and Haas Company's Motion to Dismiss [ECF 888] BASF Corporation's Fourth Party Complaint. The Court DENIES the Motion as to Count I of the Complaint. The Court GRANTS the Motion to Dismiss as to Counts II, III, IV, and V of the Complaint. So Ordered by Chief Judge William E. Smith on 10/16/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
October 17, 2019 Opinion or Order TEXT ORDER: The Court holds in abeyance its ruling on #740 United States Motion to Dismiss CNA's Counterclaims and #741 United States Motion for Judgment on the Pleadings until after the resolution of the Appeal of the Entry of the Consent Decree, case #19-01563. So Ordered by Chief Judge William E. Smith on 10/17/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
October 16, 2019 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 10/16/2019: P. Dupree, D. McCall, J. Farside, J. Raffetto, K. McManus. Arguments heard; Court questions; each side responds. As to ECF 740 and 741 - Court takes matter under advisement and will issue a ruling at a later date. As to ECF #894 - Court grants Motion to Dismiss in part, dismissing Counts 2, 3, 4 and 5; Court denies Motion to Dismiss as to Count 1.. Motion Hearing held on 10/16/2019 re (741 in 1:11-cv-00023-WES-LDA, 922 in 1:06-cv-00218-WES-LDA, 55 in 1:18-cv-00316-WES-LDA) MOTION for Judgment on the Pleadings filed by United States Department of Defense, The United States of America, United States Department of the Navy, United States Department of the Air Force, (740 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss filed by United States Department of Defense, The United States of America, United States Department of the Navy, United States Department of the Air Force, (894 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss Fourth-Party Complaint filed by Rohm and Haas Company. (Court Reporter D. Vietch in Courtroom 3 at 10:05 a.m..) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
October 16, 2019 Opinion or Order NOTICE of Hearing: Status Conference re: PHASE III Fact Discovery Progress scheduled for Wednesday 1/22/2020 at 3:00 PM in the Judicial Conference Room, 2nd Floor of the US Courthouse before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
October 16, 2019 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers/Post-Hearing Conference re: Establishment of a New CMO held on 10/16/2019; counsel present: J. Hovermill, J. Beavers, R. Green, V. Hildebrand; P. Dupre; D. Vineyard; D. McCall; J. King; J. Thomen; J. Ferroli; K. Whittle; J. Reffetto; L. Karsch; H. Weiner; J. Farside; B. Jedele; M. Simpson; J. Wolfson; D. McCay; J. Ray; A. Tugan; K. McManus; B. Parsghian; R. Souza. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 28, 2019 Opinion or Order TEXT ORDER Extending current Fact Discovery Deadline to 4/27/20; all other deadlines to be set in a future Case Management Order. So Ordered by Chief Judge William E. Smith on 8/28/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan) Modified on 8/28/2019: corrected date typo (Jackson, Ryan).
August 28, 2019 Opinion or Order NOTICE of Hearing: #740 MOTION to Dismiss filed by United States, #741 MOTION for Judgment on the Pleadings filed by United States, and (894 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss Fourth-Party Complaint filed by Rahm and Haas Company: Motion Hearing scheduled for 10/16/2019 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith; Conference re: establishment of a new Case Management Order to follow hearing in Judicial Conference Room, 2nd Floor. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 27, 2019 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference re: Scheduling held on 8/27/2019; counsel present: J. Hovermill, J. Beavers, R. Green, V. Hildebrand; J. Ray; P. Dupre; J. Ferroli; J. Kelly; J. King; H. Weiner, J. Ruffetto; D. McCall; K. McManns; D. Graham; J. Farside; M. Freel; B. Parseghian; S. Kennedy-Smith; R. Main; G. LaTerraBella; J. Petros; J. Wolfson; D. Gillis; R. Souza; C. Mikhail; D. McCay; R. Fine; D. Vineyard. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 21, 2019 Opinion or Order Filing 929 NOTICE of Appearance by Derek M. Gillis on behalf of Olin Corp. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Gillis, Derek)
August 21, 2019 Opinion or Order TEXT ORDER granting (926) Motion for Extension of Time to File Response/Reply in case 1:06-cv-00218-WES-LDA; granting (744) Motion for Extension of Time to File Response/Reply in case 1:11-cv-00023-WES-LDA; granting (58) Motion for Extension of Time to File Response/Reply in case 1:18-cv-00316-WES-LDA. So Ordered by Chief Judge William E. Smith on 8/21/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 13, 2019 Opinion or Order Filing 928 REPLY to Response re (742 in 1:11-cv-00023-WES-LDA, 56 in 1:18-cv-00316-WES-LDA, 924 in 1:06-cv-00218-WES-LDA) Response to Motion, filed by The United States of America, United States Department of the Air Force, United States Department of the Navy. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dupre, Phillip)
August 13, 2019 Opinion or Order Filing 927 REPLY to Response re (743 in 1:11-cv-00023-WES-LDA, 57 in 1:18-cv-00316-WES-LDA, 925 in 1:06-cv-00218-WES-LDA) Response to Motion,, filed by United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dupre, Phillip)
August 5, 2019 Opinion or Order Filing 926 Consent MOTION for an Extension of Time to File Response/Reply as to (742 in 1:11-cv-00023-WES-LDA) Response to Motion, (743 in 1:11-cv-00023-WES-LDA) Response to Motion,, filed by The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Responses due by 8/19/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Dupre, Phillip)
July 30, 2019 Opinion or Order Filing 925 RESPONSE In Opposition to (741 in 1:11-cv-00023-WES-LDA, 922 in 1:06-cv-00218-WES-LDA, 55 in 1:18-cv-00316-WES-LDA) MOTION for Judgment on the Pleadings of the United States of America filed by BNS Company, Cranston Print Works Company, Organic Dyestuffs Corporation, Teknor Apex Company, The Original Bradford Soap Works, Inc.. Replies due by 8/6/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph)
July 30, 2019 Opinion or Order Filing 924 RESPONSE In Opposition to (740 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss filed by CNA Holdings, LLC. Replies due by 8/6/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(McCall, III, Duke)
July 24, 2019 Opinion or Order NOTICE of Hearing: Status Conference re: Scheduling scheduled for Tuesday 8/27/2019 at 3:00 PM in the Judicial Conference Room, 2nd Floor before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 16, 2019 Opinion or Order Filing 923 MOTION to Dismiss filed by The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Responses due by 7/30/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Potter, Carrie)
July 16, 2019 Opinion or Order Filing 922 MOTION for Judgment on the Pleadings filed by The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Responses due by 7/30/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
July 11, 2019 Opinion or Order TEXT ORDER granting #738 MOTION Dismissal of Claims Without Prejudice. So Ordered by Chief Judge William E. Smith on 7/11/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
June 21, 2019 Opinion or Order Filing 921 NOTICE by The United States of America of Withdrawal of Listed Counsel Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
June 21, 2019 Opinion or Order Filing 920 MOTION Dismissal of Claims Without Prejudice re: (112 in 1:11-cv-00023-WES-LDA) Amended Complaint, filed by The United States of America. Responses due by 7/5/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
June 13, 2019 Opinion or Order Filing 919 TRANSCRIPT REQUEST by CNA Holdings, LLC re (734 in 1:11-cv-00023-WES-LDA, 49 in 1:18-cv-00316-WES-LDA, 916 in 1:06-cv-00218-WES-LDA) Notice of Appeal,, (McCall, III, Duke)
June 13, 2019 Opinion or Order Filing 918 TRANSCRIPT of Motion hearing held on 03/19/2019 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 7/5/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/11/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Schwam, Lisa)
June 5, 2019 Opinion or Order USCA Case Number 19-1563 for (734 in 1:11-cv-00023-WES-LDA, 49 in 1:18-cv-00316-WES-LDA, 916 in 1:06-cv-00218-WES-LDA) Notice of Appeal,, filed by CNA Holdings, LLC, Exxon Mobil Corporation, Union Oil Company of California. (Potter, Carrie)
June 3, 2019 Opinion or Order Filing 917 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). (734 in 1:11-cv-00023-WES-LDA, 49 in 1:18-cv-00316-WES-LDA, 916 in 1:06-cv-00218-WES-LDA) Notice of Appeal. (Attachments: #1 Record on Appeal)(Potter, Carrie)
May 31, 2019 Opinion or Order Filing 916 NOTICE OF APPEAL by CNA Holdings, LLC, Union Oil Company of California, Exxon Mobil Corporation ( filing fee paid $ 505.00, receipt number 0103-1371064 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 6/7/2019. (McCall, III, Duke)
April 23, 2019 Opinion or Order Filing 915 REPLY MEMORANDUM re #903 Response to Motion, in support of its motion to dismiss fourth-party complaint. (Weiner, Harris)
April 23, 2019 Opinion or Order Filing 914 AMENDED DOCUMENT by Rohm and Haas Company. Corporate Disclosure Statement. (Weiner, Harris)
April 23, 2019 Opinion or Order Filing 913 MOTION for John C. Raffetto to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1351599 ) filed by Rohm and Haas Company. (Weiner, Harris)
April 23, 2019 Opinion or Order Filing 912 NOTICE by Rohm and Haas Company of Withdrawal of Appearance of John B. Daukas Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Daukas, John)
April 23, 2019 Opinion or Order TEXT ORDER granting #913 Motion to Appear Pro Hac Vice of John C. Raffetto. So Ordered by Chief Judge William E. Smith on 4/23/2019. (Potter, Carrie)
April 22, 2019 Opinion or Order Filing 911 NOTICE of Appearance by Harris K. Weiner on behalf of Rohm and Haas Company (Weiner, Harris)
April 19, 2019 Opinion or Order Filing 910 ANSWER to Amended Third Party Complaint and COUNTERCLAIM against Emhart Industries, Inc by CNA Holdings, LLC. (Farrell Pletcher, Paula)
April 18, 2019 Opinion or Order Filing 909 Henkel Corporation's ANSWER to Complaint (First Amended Complaint) & Cross-Claims by Henkel Corp..(Nelson, Monica)
April 16, 2019 Opinion or Order Filing 908 NOTICE of Appearance by Andrew S. Tugan on behalf of Eastern Color & Chemical Co. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Tugan, Andrew)
April 16, 2019 Opinion or Order Filing 907 NOTICE of Appearance by Robin-Lee Main on behalf of Eastern Color & Chemical Co. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Main, Robin-Lee)
April 15, 2019 Opinion or Order Filing 906 ANSWER to Complaint and CROSSCLAIM against Black & Decker, Inc., Emhart Industries, Inc by Organic Dyestuffs Corp..(Potter, Carrie)
April 8, 2019 Opinion or Order Filing 905 CONSENT DECREE (Remedial Design/Remedial Action). So Ordered by Chief Judge William E. Smith on 4/8/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
April 8, 2019 Opinion or Order Filing 904 ORDER granting #686 MOTION of the United States and Rhode Island to Enter Consent Decree re: #671 Notice of Lodging of Proposed Consent Decree, entering the Consent Decree as Final Judgment as to Phase II, and vacating #548 Phase II Findings of Fact and Conclusions of Law. So Ordered by Chief Judge William E. Smith on 4/8/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
April 2, 2019 Opinion or Order Filing 903 RESPONSE In Opposition to (894 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss Fourth-Party Complaint filed by BASF Corp.. Replies due by 4/9/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
March 26, 2019 Opinion or Order Filing 902 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: (900 in 1:06-cv-00218-WES-LDA) Transcript Order. Court Reporter/Transcriber: Lisa Schwam. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael)
March 26, 2019 Opinion or Order Filing 901 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: (900 in 1:06-cv-00218-WES-LDA) Transcript Order. Court Reporter/Transcriber: Lisa Schwam. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Simoncelli, Michael)
March 26, 2019 Opinion or Order Filing 900 TRANSCRIPT ORDER for proceedings held on 3/19/19 before Judge William E. Smith. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Ferroli, John)
March 19, 2019 Opinion or Order Filing 899 TEXT ORDER dismissing #842 Motion to Dismiss for Failure to State a Claim as Moot, without Prejudice. So Ordered by Chief Judge William E. Smith on 3/19/2019. Number given in error. (Jackson, Kerrie)
March 19, 2019 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 3/19/2019 re #873 MOTION of the United States and Rhode Island to Enter Consent Decree. Jerome W. MacLaughlin, Phillip R. Dupre, Joseph W. Hovermill and Joseph L. Beavers for the Plaintiffs. John A. Ferroli, Duke K. McCall, III, Daniel E. Vineyard and Joseph A. Farside, Jr. for Defendants. Court addresses. Counsel argue Motion. Court takes motion under advisement. Regarding #842 Motion to Dismiss for Failure to State a Claim, Court dismisses motion as moot, without prejudice. Recess. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA (Court Reporter Lisa Schwam in Courtroom 3 at 2:05.) (Jackson, Kerrie)
March 19, 2019 Opinion or Order Filing 898 NOTICE Firm Change of Address by Henkel Corp. NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Nelson, Monica) Modified to change description on 3/26/2019 (Jackson, Kerrie).
March 19, 2019 Opinion or Order TEXT ORDER granting (897) Motion for Extension of Time to File Response to Amended Complaint/Crossclaim in CA06-218; granting (709) Motion for Extension of Time to File Response to Amended Complaint/Crossclaim in CA06-218; granting (38) Motion for Extension of Time to File Response to Amended Complaint/Crossclaim in CA06-218. So Ordered by Chief Judge William E. Smith on 3/19/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
March 14, 2019 Opinion or Order Filing 897 Consent MOTION for an Extension of Time to File Response/Reply as to (706 in 1:11-cv-00023-WES-LDA, 706 in 1:11-cv-00023-WES-LDA) Amended Complaint,,,, Crossclaim,,, filed by Phibro Animal Health Corp.. Responses due by 3/28/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Boyajian, Steven)
March 14, 2019 Opinion or Order Filing 896 ANSWER to Third Party Complaint and Cross-Claim of Emhart Industries, Inc. and Black & Decker Inc. by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
March 12, 2019 Opinion or Order TEXT ORDER granting (895) Motion for Extension of Time to File Response/Reply re: (894 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss Fourth-Party Complaint. ( Responses due by 4/2/2019., Replies due by 4/23/2019.) in case 1:06-cv-00218-WES-LDA. So Ordered by Chief Judge William E. Smith on 3/12/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
March 9, 2019 Opinion or Order Filing 895 Joint MOTION for an Extension of Time to File Response/Reply as to #894 MOTION to Dismiss Fourth-Party Complaint filed by Rohm and Haas Company. Responses due by 3/25/2019. (Muri, Anthony)
March 5, 2019 Opinion or Order Filing 894 MOTION to Dismiss Fourth-Party Complaint filed by Rohm and Haas Company. Responses due by 3/19/2019. (Daukas, John)
March 5, 2019 Opinion or Order Filing 893 Corporate Disclosure Statement by Rohm and Haas Company identifying Corporate Parent Dow Chemical Company for Rohm and Haas Company.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Daukas, John)
February 7, 2019 Opinion or Order Filing 892 Summons Request filed by BASF Corp.. (Muri, Anthony)
February 7, 2019 Opinion or Order Filing 891 ORDER of the U.S. Court of Appeals for the First Circuit entered as to (564 in 1:11-cv-00023-WES-LDA, 766 in 1:06-cv-00218-WES-LDA) Notice of Appeal filed by The United States of America: ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: The unopposed motion for a new or expanded limited remand is granted. The district court having entered an indicative ruling to the effect that the parties' Motion for Entry of Consent Decree presents a "substantial issue," the order of remand is hereby modified to accommodate all district court proceedings connected to the proposed consent decree and any related matters. See Fed. R. Civ. P. 62.1; Fed. R. App. P. 12.1. Status reports as previously directed will continue, now starting thirty (30) days from the date of this order. So ordered. [17-2126, 17-2127] (GB) (Potter, Carrie)
February 5, 2019 Opinion or Order UPDATED NOTICE of Hearing re: #686 MOTION of the United States and Rhode Island to Enter Consent Decree: A hearing is scheduled for TUESDAY 3/19/2019 at 2:00 PM in Courtroom 3 before Chief Judge William E. Smith if the First Circuit Court of Appeals remands this case for purposes of this Court having jurisdiction to hear the Motion to Enter Consent Decree. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 23, 2019 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (703) Motion to Appear Pro Hac Vice of Holly Drumheller Butler in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 1/23/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
January 22, 2019 Opinion or Order Filing 890 MOTION for Holly Drumheller Butler to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1313940 ) filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
January 8, 2019 Opinion or Order TEXT ORDER granting (889) Motion to Continue January 16, 2019 Hearing until such time that Congress has restored appropriations to the Department of Justice and the United States' attorneys are permitted to resume their usual civil litigation functions. So Ordered by Chief Judge William E. Smith on 1/8/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 8, 2019 Opinion or Order HEARING CANCELLED re: Notice of Hearing on #686 MOTION of the United States and Rhode Island to Enter Consent Decree: The Hearing previously scheduled for Wednesday 1/16/2019 at 2:00 PM in Courtroom 3 before Chief Judge William E. Smith is hereby CANCELLED until further notice. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
January 7, 2019 Opinion or Order Filing 889 MOTION to Continue Jan. 16 Hearing filed by The United States of America. Responses due by 1/22/2019. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
January 3, 2019 Opinion or Order Filing 888 FOURTH PARTY COMPLAINT against Rohm and Haas Company, filed by BASF Corp..Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
December 19, 2018 Opinion or Order NOTICE of Hearing on #686 MOTION of the United States and Rhode Island to Enter Consent Decree: A hearing is scheduled for Wednesday 1/16/2019 at 2:00 PM in Courtroom 3 before Chief Judge William E. Smith if the First Circuit Court of Appeals remands this case for purposes of this Court having jurisdiction to hearing the Motion to Enter Consent Decree. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
November 16, 2018 Opinion or Order Filing 887 TENTH REVISED CASE MANAGEMENT ORDER granting #698 Motion to Amend/Correct CMO 9. So Ordered by Chief Judge William E. Smith on 11/16/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
November 16, 2018 Opinion or Order Filing 886 ORDER granting #688 Consent MOTION for Indicative Ruling on Motion for Entry of Consent Decree re: #686 MOTION of the United States and Rhode Island to Enter Consent Decree re: #671 Notice (Other) filed by The United States of America (in case 1:11-cv-00023-WES-LDA). So Ordered by Chief Judge William E. Smith on 11/16/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
November 16, 2018 Opinion or Order TEXT ORDER granting #692 Motion for Joinder in case 1:11-cv-00023-WES-LDA: Hexagon Metrology, Inc. is hereby granted permission to join the Opposition filed by CNA Holdings LLC and the other members of the NECC Customer Group to #686 Motion for Entry of Consent Decree of the United States and Rhode Island. So Ordered by Chief Judge William E. Smith on 11/16/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
November 13, 2018 Opinion or Order Filing 885 Assented MOTION to Amend/Correct (629 in 1:11-cv-00023-WES-LDA, 824 in 1:06-cv-00218-WES-LDA) Order filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 11/27/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
October 31, 2018 Opinion or Order Filing 884 REPLY to Response re (24 in 1:18-cv-00316-WES-LDA) Response to Motion, (21 in 1:18-cv-00316-WES-LDA) Response to Motion, Response to Oppositions to Motion for Entry of Consent Decree filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
October 31, 2018 Opinion or Order Filing 883 REPLY to Response re (880 in 1:06-cv-00218-WES-LDA, 24 in 1:18-cv-00316-WES-LDA, 693 in 1:11-cv-00023-WES-LDA) Response to Motion, (877 in 1:06-cv-00218-WES-LDA, 690 in 1:11-cv-00023-WES-LDA, 21 in 1:18-cv-00316-WES-LDA) Response to Motion, United States' and Rhode Island's Reply to Responses In Opposition to Motion for Entry of Consent Decree filed by The United States of America. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
October 26, 2018 Opinion or Order TEXT ORDER granting (882) Motion for Extension of Time in case 1:06-cv-00218-WES-LDA; granting (695) Motion for Extension of Time in case 1:11-cv-00023-WES-LDA; granting (26) Motion for Extension of Time in case 1:18-cv-00316-WES-LDA. So Ordered by Chief Judge William E. Smith on 10/26/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
October 23, 2018 Opinion or Order Filing 882 Consent MOTION for an Extension of Time Extension of Time for Reply (Unopposed) filed by The United States of America. Responses due by 11/6/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
October 19, 2018 Opinion or Order Filing 881 NOTICE by Eastern Color & Chemical Company, Henkel Corp., Indusol, Inc., Ivax LLC, Olin Corp., Phibro Animal Health Corp. re (693 in 1:11-cv-00023-WES-LDA) Response to Motion, Notice of Partial Joinder in Memorandum in Opposition to Motion of the United States and Rhode Island for Entry of Consent Decree Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Baroni, Megan)
October 19, 2018 Opinion or Order Filing 880 RESPONSE In Opposition to (17 in 1:18-cv-00316-WES-LDA, 873 in 1:06-cv-00218-WES-LDA, 686 in 1:11-cv-00023-WES-LDA) MOTION of the United States and Rhode Island to Enter Consent Decree re: (671 in 1:11-cv-00023-WES-LDA) Notice (Other), filed by CNA Holdings, LLC. Replies due by 10/26/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Short, Winthrop)
October 19, 2018 Opinion or Order Filing 879 MOTION for Joinder of Hexagon Metrology, Inc. to Memorandum in Opposition to US and RI Motion for Entry of Consent Decree [ECF 693] filed by Hexagon Metrology, Inc.. Responses due by 11/2/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farside, Joseph) Modified on 10/19/2018 to replace main document and correct docket text Simoncelli, Michael).
October 19, 2018 Opinion or Order Filing 878 NOTICE by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc of Non-Opposition to Entry of Consent Decree Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
October 19, 2018 Opinion or Order Filing 877 RESPONSE In Opposition to (17 in 1:18-cv-00316-WES-LDA, 873 in 1:06-cv-00218-WES-LDA, 686 in 1:11-cv-00023-WES-LDA) MOTION of the United States and Rhode Island to Enter Consent Decree re: (671 in 1:11-cv-00023-WES-LDA) Notice (Other), filed by Eli Lilly and Company. Replies due by 10/26/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Ferroli, John)
October 18, 2018 Opinion or Order Filing 876 MOTION for Winthrop A. Short, Jr. to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1275002 ) filed by CNA Holdings, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
October 18, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (689) Motion to Appear Pro Hac Vice of Winthrop A. Short, Jr. in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 10/18/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
October 11, 2018 Opinion or Order Filing 875 Consent MOTION for Indicative Ruling on Motion for Entry of Consent Decree re: (686 in 1:11-cv-00023-WES-LDA) MOTION of the United States and Rhode Island to Enter Consent Decree re: (671 in 1:11-cv-00023-WES-LDA) Notice (Other), filed by The United States of America. Responses due by 10/25/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
October 9, 2018 Opinion or Order TEXT ORDER granting #687 Motion for Extension of Time to File Response to #686 MOTION of the United States and Rhode Island to Enter Consent Decree re: #671 Notice; Responses due by 10/19/2018. So Ordered by Chief Judge William E. Smith on 10/9/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
October 5, 2018 Opinion or Order Filing 874 MOTION for an Extension of Time to File Response/Reply as to (17 in 1:18-cv-00316-WES-LDA, 873 in 1:06-cv-00218-WES-LDA, 686 in 1:11-cv-00023-WES-LDA) MOTION of the United States and Rhode Island to Enter Consent Decree re: (671 in 1:11-cv-00023-WES-LDA) Notice (Other), filed by Phibro Animal Health Corp.. Responses due by 10/19/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Boyajian, Steven)
September 28, 2018 Opinion or Order TEXT ORDER denying as moot #555 Motion for Reconsideration: United States of Americas #555 Motion for Reconsideration is hereby denied as moot without prejudice to refiling in light of the filling of the United States #686 Motion to Enter Consent Decree filed on 9/25/18.. So Ordered by Chief Judge William E. Smith on 9/28/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
September 25, 2018 Opinion or Order Filing 873 MOTION of the United States and Rhode Island to Enter Consent Decree re: (671 in 1:11-cv-00023-WES-LDA) Notice (Other), filed by The United States of America. Responses due by 10/9/2018. (Attachments: #1 Supporting Memorandum, #2 Exhibit, #3 Exhibit)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
September 17, 2018 Opinion or Order Filing 872 Henkel Corporation's ANSWER to Third Party Complaint (470 in 1:11-cv-00023-WES-LDA) by Henkel Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Nelson, Monica)
September 17, 2018 Opinion or Order Filing 871 AMENDED DOCUMENT by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Amendment to (785 in 1:06-cv-00218-WES-LDA, 582 in 1:11-cv-00023-WES-LDA) Stipulation Regarding Host Website Discovery. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
August 30, 2018 Opinion or Order Filing 870 ORDER denying (806) Motion to Strike in case 1:06-cv-00218-WES-LDA; denying (613) Motion to Strike in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 8/30/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 30, 2018 Opinion or Order TEXT ORDER finding as moot (807) Motion to Strike in case 1:06-cv-00218-WES-LDA; finding as moot (614) Motion to Strike in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 8/30/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 16, 2018 Opinion or Order Filing 869 ADDENDUM TO NINTH CASE MANAGEMENT ORDER; ORDER granting #675 Motion to Amend/Correct. So Ordered by Chief Judge William E. Smith on 8/14/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 6, 2018 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 8/6/2018; counsel present: J> Hovermill, J. Beavers, V. Hilderbrand, J. Wattengel, R. Green; J. MacLaughlin, P. Dupre, M. Flint, E. Vaudo, J. Sun; D. Neeves; K. Whittle; J. Thomen; G. La Terra Bellina; J. King; D. McCall; J. Wolfson; G. Petros; G. Benik; J. Ferroli; K. McManus; M. Nelson, B. Parseghian; D. McCay; M. Baroni, J. Ray; B. Jedele, R. Fine; D. Vineyard, R. Souza; M. Freel, J. Farside Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 6, 2018 Opinion or Order DOCKET NOTE: Regarding: Notice of Hearing on Motion. Joseph L. Beavers, Joseph W. Hovermill and Rachelle R. Green for the Plaintiffs. James P. Ray and Megan E. Baroni for Defendants. Court addresses. Counsel argue motions. Court DENIES 613 Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint AND 614 Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint. (Jackson, Kerrie)
August 3, 2018 Opinion or Order Filing 868 ORDER ENTERED by Chief Judge William E. Smith: A review of the roll of attorneys admitted to practice before this Court indicates that Attorney Katy A. Hynes failed to renew her bar membership in accordance with LR Gen 203(c). Accordingly, she may no longer represent the Defendant Providence Washington Insurance Company, Inc. in this action and her appearance is withdrawn absent reinstatement in accordance with LR Gen 215. (Perry, Frank)
August 2, 2018 Opinion or Order Filing 867 NOTICE of Voluntary Dismissal by Teknor Apex Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Fine, Robert)
August 2, 2018 Opinion or Order TEXT ORDER Entering #677 Notice of Voluntary Dismissal of Teknor's Amended Fourth Party Complaint against ConocoPhillips Company filed by Teknor Apex Company. So Ordered by Chief Judge William E. Smith on 8/2/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
August 2, 2018 Opinion or Order UPDATED NOTICE of Hearing on (613 in 11-23WES) Joint MOTION to Strike (657 in 11-23WES) Third Party Complaint and (614 in 11-23WES) Joint MOTION to Strike 657 Third Party Complaint: Motion Hearing scheduled for Monday 8/6/2018 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith; updated the motions to be heard. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 27, 2018 Opinion or Order Filing 866 RESPONSE In Opposition to (865 in 1:06-cv-00218-WES-LDA, 10 in 1:18-cv-00316-WES-LDA) Assented MOTION to Amend/Correct (629 in 1:11-cv-00023-WES-LDA, 824 in 1:06-cv-00218-WES-LDA) Order filed by Phibro Animal Health Corp.. Replies due by 8/3/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Boyajian, Steven)
July 27, 2018 Opinion or Order Filing 865 Assented MOTION to Amend/Correct (629 in 1:11-cv-00023-WES-LDA, 824 in 1:06-cv-00218-WES-LDA) Order filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Responses due by 8/10/2018. (Attachments: #1 Proposed Order Proposed Addendum to Ninth Revised Case Management Order)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
July 26, 2018 Opinion or Order Filing 864 MOTION for Jonathan J. Huber to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1240432 ) filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
July 26, 2018 Opinion or Order TEXT ORDER granting (864) Motion to Appear Pro Hac Vice of Jonathan J. Huber in case 1:06-cv-00218-WES-LDA; granting (9) Motion to Appear Pro Hac Vice of Jonathan J. Huber in case 1:18-cv-00316-WES-LDA. So Ordered by Chief Judge William E. Smith on 7/26/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Farrell Pletcher, Paula)
July 25, 2018 Opinion or Order Filing 863 MOTION for Matthew Wagman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1239939 ) filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
July 25, 2018 Opinion or Order Filing 862 MOTION for John Carl Celeste to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1239937 ) filed by Black & Decker Inc., Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Green, Rachelle)
July 25, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (672) Motion to Appear Pro Hac Vice of John Carl Celeste in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 7/25/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
July 25, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (673) Motion to Appear Pro Hac Vice of Matthew T. Wagman in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 7/25/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Potter, Carrie)
July 11, 2018 Opinion or Order NOTICE of Hearing: In Chambers Conference (to be held in Courtroom 3) scheduled for Monday 8/6/2018 at 2:30 PM in Courtroom 3 before Chief Judge William E. Smith; this conference is in regards to all Phases of the matter and no conference call-in number will be provided or available for this conference. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 11, 2018 Opinion or Order NOTICE of Hearing on Motion (642 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss (601)(604)(608)(609)(617) Counterclaims, (613 in 1:11-cv-00023-WES-LDA) Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, (647 in 1:11-cv-00023-WES-LDA) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, (614 in 1:11-cv-00023-WES-LDA) Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, and (640 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss: Motion Hearing scheduled for Monday 8/6/2018 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 11, 2018 Opinion or Order CORRECTED/AMENDED NOTICE of Hearing on 613 Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, #614 Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, and #640 MOTION to Dismiss: Motion Hearing scheduled for Monday 8/6/2018 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith. (Corrected listing of Motions to be heard) Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 9, 2018 Opinion or Order Filing 861 NOTICE by The United States of America Lodging of Consent Decree (Attachments: #1 Proposed Order, #2 Appendix, #3 Appendix, #4 Appendix)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(MacLaughlin, Jerome)
July 6, 2018 Opinion or Order TEXT ORDER granting #668 Motion for Extension of Time to File Reply re: #647 in 1:11-cv-00023-WES-LDA MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; Replies due by 7/5/2018. So Ordered by Chief Judge William E. Smith on 7/6/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 6, 2018 Opinion or Order TEXT ORDER granting (859) Motion to Consolidate Cases in case 1:06-cv-00218-WES-LDA; granting (669) Motion to Consolidate Cases in case 1:11-cv-00023-WES-LDA pursuant to the TEXT ORDER entered on 7/2/18 by this Court granting the Motion to Consolidate as filed in CA18-316-WES-LDA. So Ordered by Chief Judge William E. Smith on 7/6/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Jackson, Ryan)
July 5, 2018 Opinion or Order Filing 860 REPLY to Response re (857 in 1:06-cv-00218-WES-LDA, 662 in 1:11-cv-00023-WES-LDA) Response to Motion, filed by CNA Holdings, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA, 1:18-cv-00316-WES-LDA(Muri, Anthony)
June 29, 2018 Opinion or Order Filing 859 MOTION to Consolidate Cases filed by Black & Decker, Inc., Emhart Industries, Inc, Black & Decker Inc, Emhart Industries, Inc.. Responses due by 7/13/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
June 27, 2018 Opinion or Order Filing 858 Assented MOTION for an Extension of Time to File Response/Reply as to (662 in 1:11-cv-00023-WES-LDA) Response to Motion, filed by CNA Holdings, LLC. Responses due by 7/11/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
June 20, 2018 Opinion or Order Filing 857 RESPONSE In Opposition to (842 in 1:06-cv-00218-WES-LDA) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The United States of America. Replies due by 6/27/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
June 18, 2018 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference re: PHASE II only held on 6/18/2018: counsel present: J. Hovermill, J. Beavers, R. Green; J. MacLaughlin, D. Johnson, E. Vaudo, J. Sun Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
June 13, 2018 Opinion or Order NOTICE of Hearing: In Chambers Conference re: PHASE II only scheduled for Monday 6/18/2018 at 2:00 PM in Chambers before Chief Judge William E. Smith; only counsel who were involved in the Phase II trial are invited and should attend this in chambers conference.Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
June 12, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (661) Motion to Appear Pro Hac Vice of Jeffrey S. Wetttengel in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 6/12/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie)
June 11, 2018 Opinion or Order Filing 856 MOTION for Jeffrey S. Wettengel to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1225179 ) filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
June 11, 2018 Opinion or Order Filing 855 NOTICE by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. of Withdrawal of Appearance of Richard Brodsky Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
June 5, 2018 Opinion or Order Filing 854 NOTICE by The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy re (642 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss (601)(604)(608)(609)(617) Counterclaims (Original) of Cranston Print Works Company, BNS Company, The Original Bradford Soap Works, Inc. Teknor Apex Company, and Organic Dyestuffs Corporation Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Levin, Joshua)
May 31, 2018 Opinion or Order TEXT ORDER granting (850) Motion for Extension of Time in case 1:06-cv-00218-WES-LDA; granting (655) Motion for Extension of Time in case 1:11-cv-00023-WES-LDA: up to and including 6/20/18 to respond to CNA HOLDINGS, LLCS MOTION TO DISMISS AND TO COUNTERCLAIMS OF BNS COMPANY, CRANSTON PRINT WORKSCOMPANY, THE ORIGINAL BRADFORD SOAP WORKS, INC., TEKNOR APEX COMPANY AND ORGANIC DYESTUFFS CORPORATION. So Ordered by Chief Judge William E. Smith on 5/31/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
May 30, 2018 Opinion or Order Filing 853 RESPONSE In Opposition to (642 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss (601)(604)(608)(609)(617) Counterclaims, (837 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss (798) Counterclaim filed by Teknor Apex Company. Replies due by 6/6/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Fine, Robert)
May 30, 2018 Opinion or Order Filing 852 RESPONSE In Opposition to (837 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss (798) Counterclaim filed by BNS Company, Cranston Print Works Company, The Original Bradford Soap Works, Inc.. Replies due by 6/6/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
May 29, 2018 Opinion or Order Filing 851 AMENDED ANSWER to #657 Third Party Complaint with AMENDED COUNTERCLAIM #798 against The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy by Organic Dyestuffs Corp.. (Farrell Pletcher, Paula)
May 29, 2018 Opinion or Order Filing 850 Consent MOTION for an Extension of Time Extension of Time to Respond to Motion to Dismiss and Counterclaims filed by The United States of America, United States Department of Defense. Responses due by 6/12/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Levin, Joshua)
May 24, 2018 Opinion or Order Filing 849 REPLY to Response re (843 in 1:06-cv-00218-WES-LDA) Response to Motion to Dismiss Complaint filed by United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Levin, Joshua)
May 22, 2018 Opinion or Order Filing 848 Amended COUNTERCLAIM against United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, filed by Teknor Apex Co..(Fine, Robert)
May 21, 2018 Opinion or Order Filing 847 MOTION for Cameron A. Secord to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1217244 ) filed by Exxon Mobil Corporation, Union Oil Company of California. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Souza, Randall)
May 21, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (652) Motion to Appear Pro Hac Vice of Cameron A. Secord in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 5/21/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie)
May 18, 2018 Opinion or Order Filing 846 AMENDED ANSWER to (and Counterclaim) (112 in 1:11-cv-00023-WES-LDA) Amended Complaint, of the United States of America by Cranston Print Works Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
May 18, 2018 Opinion or Order Filing 845 AMENDED ANSWER to (and Counterclaim) (112 in 1:11-cv-00023-WES-LDA) Amended Complaint, of the United States of America by The Original Bradford Soap Works, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
May 18, 2018 Opinion or Order Filing 844 AMENDED ANSWER to (and Counterclaim) (112 in 1:11-cv-00023-WES-LDA) Amended Complaint, of the United States of America by BNS Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
May 17, 2018 Opinion or Order TEXT ORDER granting #840 Motion for Extension of Time to File Response to #837 MOTION to Dismiss #798 Counterclaim ; Reset Deadlines: Responses due by 5/30/2018. So Ordered by Chief Judge William E. Smith on 5/17/2018. (Barletta, Barbara)
May 16, 2018 Opinion or Order Filing 843 RESPONSE In Opposition to #837 MOTION to Dismiss #798 Counterclaim filed by CNA Holdings, LLC. Replies due by 5/24/2018. (Potter, Carrie) Modified on 5/17/2018 (Potter, Carrie).
May 16, 2018 Opinion or Order Filing 842 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM WITH SUPPORTING MEMO filed by CNA Holdings, LLC. Responses due by 5/30/2018. (Attachments: #1 Supporting Memorandum)(Potter, Carrie)
May 11, 2018 Opinion or Order Filing 841 REPLY to Response re (839 in 1:06-cv-00218-WES-LDA) Response to Motion, Response to Teknor Apex Company's Corrected Opposition Memorandum filed by ConocoPhillips Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Daly, Michael)
May 10, 2018 Opinion or Order Filing 840 Assented MOTION for an Extension of Time to File Response/Reply as to (837 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss (798) Counterclaim up to May 30, 2018 filed by BNS Company, Cranston Print Works Company, The Original Bradford Soap Works, Inc.. Responses due by 5/24/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Freel, Mark)
May 10, 2018 Opinion or Order Filing 839 RESPONSE In Opposition to (835 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss , (640 in 1:11-cv-00023-WES-LDA) MOTION to Dismiss Corrected Memo in Opposition Only filed by Teknor Apex Co., Teknor-Apex. Replies due by 5/17/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Fine, Robert)
May 8, 2018 Opinion or Order Filing 838 REPLY MEMORANDUM in Support of Fourth-Party Defendant Conocophillips Company's Motion for Partial Dismissal of Teknor Apex Company's Amended Fourth-Party Complaint. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Magratten, Brooks)
May 2, 2018 Opinion or Order Filing 837 MOTION to Dismiss #798 Counterclaim filed by The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Responses due by 5/16/2018. (Attachments: #1 Supporting Memorandum)(Farrell Pletcher, Paula)
May 2, 2018 Opinion or Order TEXT ORDER denying (825) Motion to Dismiss in case 1:06-cv-00218-WES-LDA; denying (630) Motion to Dismiss in case 1:11-cv-00023-WES-LDA: The Court DENIES without prejudice Fourth-Party Defendant ConocoPhillips Companys Motion To Dismiss (ECF No. 630 and 825) Teknor Apex Companys Fourth-Party Complaint (ECF No. 612 and 804). This motion is rendered moot by Teknor Apex Companys Amended Fourth-Party Complaint (ECF No. 632 and 827) and ConocoPhillips Companys new Motion for Partial Dismissal (ECF No. 640 and 835). So Ordered by Chief Judge William E. Smith on 5/2/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
May 1, 2018 Opinion or Order Filing 836 RESPONSE In Opposition to (835 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss with Supporting Memo filed by Teknor Apex Company. Replies due by 5/8/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Emanuel, Douglas)
April 17, 2018 Opinion or Order Filing 835 MOTION for Partial Dismissal WITH SUPPORTING MEMO filed by ConocoPhillips Company. Responses due by 5/1/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit A-1, #4 Exhiibt A-2)(Jackson, Kerrie)
April 13, 2018 Opinion or Order Filing 834 ORDER of the U.S. Court of Appeals for the First Circuit entered as to (564 in 1:11-cv-00023-WES-LDA, 766 in 1:06-cv-00218-WES-LDA) Notice of Appeal. The motion for limited remand is granted. This case is remanded to the district court for any and all proceedings appropriate to the determination of the United States' pending motion for reconsideration in that court. This court retains jurisdiction. The United States shall file status reports at 60-day intervals and shall promptly notify this court of the district court's ruling on the motion for reconsideration. So ordered. (Jackson, Kerrie)
April 9, 2018 Opinion or Order Filing 833 REPLY to Response re (631 in 1:11-cv-00023-WES-LDA, 826 in 1:06-cv-00218-WES-LDA) Response to Motion,, to Strike Third Party Complaint filed by Phibro Animal Health Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Boyajian, Steven)
April 6, 2018 Opinion or Order Filing 832 ANSWER to #470 Third Party Complaint and Cross-Claim by Organic Dyestuffs Corporation; COUNTERCLAIM against Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Simoncelli, Michael)
April 6, 2018 Opinion or Order Filing 831 STIPULATION filed by Organic Dyestuffs Corporation. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(La Terra Bellina, Giovanni)
April 4, 2018 Opinion or Order Filing 830 NOTICE of Appearance by Robert D. Fine on behalf of Teknor Apex Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Fine, Robert)
April 4, 2018 Opinion or Order Filing 829 NOTICE of Appearance by Douglas J. Emanuel on behalf of Teknor Apex Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Emanuel, Douglas)
April 4, 2018 Opinion or Order Filing 828 RESPONSE In Opposition to (825 in 1:06-cv-00218-WES-LDA) MOTION to Dismiss Fourth-Party Complaint Objecting to Motion with Supporting Memo filed by Teknor Apex Co.. Replies due by 4/11/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Emanuel, Douglas)
April 4, 2018 Opinion or Order Filing 827 Amended FOURTH PARTY COMPLAINT against ConocoPhillips Company, filed by Teknor Apex Co..Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Emanuel, Douglas)
April 4, 2018 Opinion or Order TEXT ORDER granting #822 Motion to Appear Pro Hac Vice of James F. Thompson. So Ordered by Chief Judge William E. Smith on 4/4/2018. (Potter, Carrie)
April 4, 2018 Opinion or Order TEXT ORDER granting #821 Motion to Appear Pro Hac Vice of Dalton R. Mott. So Ordered by Chief Judge William E. Smith on 4/4/2018. (Potter, Carrie)
March 28, 2018 Opinion or Order Filing 826 RESPONSE In Opposition to (807 in 1:06-cv-00218-WES-LDA, 614 in 1:11-cv-00023-WES-LDA) Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, , (806 in 1:06-cv-00218-WES-LDA, 613 in 1:11-cv-00023-WES-LDA) Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Replies due by 4/4/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
March 28, 2018 Opinion or Order Filing 825 MOTION to Dismiss Fourth-Party Complaint #804 WITH SUPPORTING MEMO filed by ConocoPhillips Company. Responses due by 4/11/2018. (Farrell Pletcher, Paula) Modified on 3/28/2018 (Farrell Pletcher, Paula).
March 27, 2018 Opinion or Order Filing 824 NINTH REVISED CASE MANAGEMENT ORDER. So Ordered by Chief Judge William E. Smith on 3/27/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 22, 2018 Opinion or Order Filing 823 Corporate Disclosure Statement by ConocoPhillips Company. (Magratten, Brooks)
March 22, 2018 Opinion or Order Filing 822 MOTION for James F. Thompson to Appear Pro Hac Vice for ConocoPhillips Co. ( filing fee paid $ 100.00, receipt number 0103-1193322 ) filed by ConocoPhillips Company. (Magratten, Brooks)
March 22, 2018 Opinion or Order Filing 821 MOTION for Dalton R. Mott to Appear Pro Hac Vice for ConocoPhillips Co. ( filing fee paid $ 100.00, receipt number 0103-1193319 ) filed by ConocoPhillips Company. (Magratten, Brooks)
March 22, 2018 Opinion or Order Filing 820 NOTICE of Appearance by Nicole M. Matteo on behalf of ConocoPhillips Company (Matteo, Nicole)
March 22, 2018 Opinion or Order Filing 819 NOTICE of Appearance by Brooks R. Magratten on behalf of ConocoPhillips Company (Magratten, Brooks)
March 21, 2018 Opinion or Order Filing 818 ORDER regarding #566 MOTION for Indicative Ruling on #555 Motion for Reconsideration; directing the United States to promptly inform the Circuit Clerk of this Order. So Ordered by Chief Judge William E. Smith on 3/21/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 20, 2018 Opinion or Order TEXT ORDER granting (789) Motion for Extension of Time ; granting (791) Motion for Extension of Time ; granting (792) Motion for Extension of Time to File Response/Reply ; granting (796) Motion for Extension of Time ; granting (810) Motion for Extension of Time in case 1:06-cv-00218-WES-LDA; granting (586) Motion for Extension of Time ; granting (588) Motion for Extension of Time ; granting (589) Motion for Extension of Time to File Response/Reply ; granting (592) Motion for Extension of Time ; granting (618) Motion for Extension of Time in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 3/21/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 20, 2018 Opinion or Order TEXT ORDER Entering #598 Notice of Voluntary Dismissal without prejudice of #470 Third Party Complaint and Cross-Claim filed by Emhart Industries, Inc. and Black & Decker Inc. as to Akzo Nobel N.V., Ingredion Inc., and Unilever United States, Inc. So Ordered by Chief Judge William E. Smith on 3/20/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 20, 2018 Opinion or Order TEXT ORDER granting #809 Motion for Extension of Time. So Ordered by Chief Judge William E. Smith on 3/20/2018. (Jackson, Ryan)
March 20, 2018 Opinion or Order TEXT ORDER granting #627 Joint Motion to Dismiss Defendant Univar USA Inc. (ECF No. 817 in case 1:06-cv-00218-WES-LDA). So Ordered by Chief Judge William E. Smith on 3/20/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 19, 2018 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 3/19/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 19, 2018 Opinion or Order Filing 817 Joint MOTION to Dismiss Third Party Defendant Univar USA, Inc. filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 4/2/2018. (Attachments: #1 Proposed Form of Order)(Farrell Pletcher, Paula)
March 19, 2018 Opinion or Order TEXT ORDER granting (816) Motion to Withdraw as Attorney. Attorney John D. Meara terminated in case 1:06-cv-00218-WES-LDA; granting (626) Motion to Withdraw as Attorney. Attorney John D. Meara terminated in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 3/19/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 16, 2018 Opinion or Order Filing 816 MOTION to Withdraw as Attorney filed by Olin Corp.. Responses due by 3/30/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Meara, John)
March 16, 2018 Opinion or Order Filing 815 Joint STIPULATION re (614 in 1:11-cv-00023-WES-LDA) Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, , (613 in 1:11-cv-00023-WES-LDA) Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, Extension of Deadlines Regarding Responses to Same, filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
March 12, 2018 Opinion or Order Reset Hearings re: In Chambers Conference RE-SCHEDULED for Monday 3/19/2018 at 3:00 PM in the Jury Assembly Room, U.S. Courthouse, 1st Floor before Chief Judge William E. Smith; the conference previously scheduled for 3/12/18 is hereby CANCELLED due to impending closure of the Court due to weather; the Court will provide a call-in conference number to parties who cannot attend in person 24 hours prior to the start of the conference via email. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 9, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (622) Motion to Appear Pro Hac Vice of Todd C. Schebor in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 3/9/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie)
March 8, 2018 Opinion or Order Filing 814 MOTION for Todd C. Schebor to Appear Pro Hac Vice as Counsel for Eli Lilly and Company ( filing fee paid $ 100.00, receipt number 0103-1188525 ) filed by Eli Lilly and Company. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(White, Todd)
March 8, 2018 Opinion or Order TEXT ORDER Entering #598 (in 1:11-cv-00023-WES-LDA, 800 in 1:06-cv-00218-WES-LDA) Notice of Voluntary Dismissal filed by Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc. So Ordered by Chief Judge William E. Smith on 3/8/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 7, 2018 Opinion or Order Filing 813 MOTION for Lauren Fenton-Valdivia to Appear Pro Hac Vice on behalf of BASF Corporation ( filing fee paid $ 100.00, receipt number 0103-1187480 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
March 7, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (621) Motion to Appear Pro Hac Vice of Lauren Fenton-Valdivia in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 3/7/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie)
March 7, 2018 Opinion or Order Reset Hearings re: Notice of Status Conference RE-SCHEDULED for Tuesday 3/13/2018 at 10:30 AM in the Jury Assembly Room, U.S. Courthouse, 1st Floor before Chief Judge William E. Smith; the conference previously scheduled for 3/9/18 is hereby CANCELLED. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
March 6, 2018 Opinion or Order Filing 812 Summons Issued as to Conoco Phillips Company. (Farrell Pletcher, Paula)
March 5, 2018 Opinion or Order Filing 811 Summons Issued as to ConocoPhillips Company. (Farrell Pletcher, Paula)
March 5, 2018 Opinion or Order Filing 810 Consent MOTION for an Extension of Time through March 9, 2018 to file a pleading responsive to the Third-Party Complaint and Cross Claim [ECF No. 470] filed by Sequa Corporation. Responses due by 3/19/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Thomen, Jeffrey)
March 5, 2018 Opinion or Order Filing 809 Consent MOTION for an Extension of Time through March 9, 2018 to file a pleading responsive to the Third-Party Complaint and Cross Claim [ECF No. 470] filed by Sequa Corporation. Responses due by 3/19/2018. (Thomen, Jeffrey)
March 2, 2018 Opinion or Order Filing 808 ANSWER to The United States of America Amended Complaint and Counterclaim by CNA Holdings, LLC.(Farrell Pletcher, Paula)
March 2, 2018 Opinion or Order Filing 807 Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, filed by Phibro Animal Health Corp.. Responses due by 3/16/2018. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Boyajian, Steven)
March 2, 2018 Opinion or Order Filing 806 Joint MOTION to Strike (657 in 1:06-cv-00218-WES-LDA) Third Party Complaint, filed by Phibro Animal Health Corp.. Responses due by 3/16/2018. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Boyajian, Steven)
March 2, 2018 Opinion or Order Filing 805 Joint MOTION to Strike #657 Third Party Complaint, filed by Phibro Animal Health Corp.. Responses due by 3/16/2018. (Attachments: #1 Supporting Memorandum)(Boyajian, Steven)
March 2, 2018 Opinion or Order Filing 804 FOURTH PARTY COMPLAINT against ConocoPhillips Company, filed by Teknor Apex Co.Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farrell Pletcher, Paula)
March 2, 2018 Opinion or Order Filing 803 ANSWER to #657 Third Party Complaint, and Cross-Claim by Teknor Apex Co., Teknor-Apex.(Emanuel, Douglas)
March 2, 2018 Opinion or Order Filing 802 COUNTERCLAIM against The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, filed by Teknor Apex Co., Teknor-Apex.(Emanuel, Douglas)
March 1, 2018 Opinion or Order Filing 801 NOTICE by CNA Holdings, Inc. of Withdrawal of Pro Hac Vice Counsel Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Short, Winthrop)
March 1, 2018 Opinion or Order Filing 800 NOTICE of Voluntary Dismissal by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
February 28, 2018 Opinion or Order Filing 799 ANSWER to Complaint (112 in 1:11-cv-0023 Amended Complaint) and Affirmative Defenses by Eli Lilly and Company.(Ferroli, John)
February 28, 2018 Opinion or Order Filing 798 Organic Dyestuffs Corporation's ANSWER to #657 Third Party Complaint, Affirmative Defenses, COUNTERCLAIM against The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy by Organic Dyestuffs Corp..(La Terra Bellina, Giovanni)
February 28, 2018 Opinion or Order Filing 797 NOTICE of Appearance by Michael P. Donegan on behalf of Organic Dyestuffs Corp. (Donegan, Michael)
February 27, 2018 Opinion or Order Filing 796 Consent MOTION for an Extension of Time Extension of Time to March 2, 2018 to File Responsive Pleadings filed by Teknor Apex Company. Responses due by 3/13/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Emanuel, Douglas)
February 27, 2018 Opinion or Order Filing 795 Consent MOTION for an Extension of Time Extension of Time through March 2 to file Responsive Pleadings filed by Teknor Apex Co.. Responses due by 3/13/2018. (Emanuel, Douglas)
February 27, 2018 Opinion or Order Filing 794 MOTION for Michael T. Hensley to Appear Pro Hac Vice for BASF Corporation ( filing fee paid $ 100.00, receipt number 0103-1183192 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
February 27, 2018 Opinion or Order Filing 793 MOTION for Keith P. McManus to Appear Pro Hac Vice for BASF Corporation ( filing fee paid $ 100.00, receipt number 0103-1183142 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
February 27, 2018 Opinion or Order Filing 792 Consent MOTION for an Extension of Time to File Response/Reply filed by CNA Holdings, LLC. Responses due by 3/13/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
February 27, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (591) Motion to Appear Pro Hac Vice of Michael T. Hensley in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 2/27/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie)
February 27, 2018 Opinion or Order TEXT ORDER in case 1:06-cv-00218-WES-LDA; granting (590) Motion to Appear Pro Hac Vice of Keith P. McManus in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 2/27/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie)
February 26, 2018 Opinion or Order Filing 791 MOTION for an Extension of Time to File Responsive Pleading to Third Party Complaint filed by Phibro Animal Health Corp.. Responses due by 3/12/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Boyajian, Steven)
February 26, 2018 Opinion or Order Filing 790 NOTICE by BASF Corp. Withdrawal of Pro Hac Vice Counsel Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
February 26, 2018 Opinion or Order Filing 789 MOTION for an Extension of Time To File Pleading Responsive to Third Party Complaint filed by Unilever United States, Inc.. Responses due by 3/12/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Boyajian, Steven)
February 23, 2018 Opinion or Order TEXT ORDER: The Court has reviewed the submissions regarding whether the District Court retains jurisdiction in light of the governments interlocutory appeal and is satisfied, based on the authority cited by both parties, that jurisdiction remains in this Court for all matters not directly the subject of the appeal. Therefore, the Court will proceed with scheduling matters, including the preparation of the next case management order (CMO), as well as substantive matters not related to the appeal. The Court will circulate a draft revised CMO prior to the March 9, 2018 conference. So Ordered by Chief Judge William E. Smith on 2/23/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
February 23, 2018 Opinion or Order TEXT ORDER granting (788)Motion to Appear Pro Hac Vice of Conrad Bolston in case 1:06-cv-00218-WES-LDA; granting (585) Motion to Appear Pro Hac Vice of Conrad Bolston in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 2/23/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Potter, Carrie) Modified on 2/23/2018 (Potter, Carrie).
February 23, 2018 Opinion or Order TEXT ORDER: Having retained jurisdiction over Phase III, it is the Courts understanding that the Third Parties will file responsive pleadings by February 28, 2018. The Court will take up scheduling issues related to the Third Parties filings at the conference scheduled for March 9, 2018 at 10:30 a.m. Prior to that conference, parties should submit a list of discussion topics and proposed deadlines (this can be done via emailed letters to Case Manager Ryan Jackson). The Courts understanding of the current working deadlines from the discussion at the January 9, 2018 conference is as follows: 3/23/18: Fact discovery commences for Phase III (A); 8/01/18: Deadline for filing amended pleadings and joinder of parties; 2/20/19: Phase III(A) fact discovery deadline. Phase III(A) expert discovery deadlines will be set at a future scheduling conference in early 2019. So Ordered by Chief Judge William E. Smith on 2/23/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
February 22, 2018 Opinion or Order Filing 788 MOTION for Conrad W. Bolston to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1181588 ) filed by CNA Holdings, LLC. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
February 9, 2018 Opinion or Order Filing 787 LETTER Re: District Court's Jurisdiction Over Phase III(A) of the Emhart Litigation During the Pendency of the United States' Appeal to the First Circuit by Union Oil Company of California, Exxon Mobil Corporation Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Simoncelli, Michael)
February 9, 2018 Opinion or Order Filing 786 MEMORANDUM IN SUPPORT by Henkel Corp., Ingredion Inc., Ivax LLC, Olin Corp., Phibro Animal Health Corp., Univar USA, Inc. in support of Order, . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Baroni, Megan)
January 31, 2018 Opinion or Order Filing 785 STIPULATION Regarding Host Website Discovery filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
January 31, 2018 Opinion or Order NOTICE of Hearing: Status Conference scheduled for Friday 3/9/2018 at 10:30 AM in Jury Assembly, US Courthouse, 1st Floor before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
January 30, 2018 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 1/30/2018; counsel present on call: J. Hovermill, J. Beavers, R. Green; J. MacLaughlin, M. Flint; J. Sun, E. Vaudo, A. Zucker. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
January 25, 2018 Opinion or Order Filing 784 NOTICE by The United States of America Informative Letter Brief Regarding Phase 3 Jurisdiction Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
January 24, 2018 Opinion or Order Filing 783 REPLY to Response re (571 in 1:11-cv-00023-WES-LDA, 773 in 1:06-cv-00218-WES-LDA) Response to Motion, filed by The United States of America. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
January 23, 2018 Opinion or Order Filing 782 Brief in Support of the Courts Jurisdiction over Phase III by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. in support of Order, . Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle) Modified on 1/23/2018 to correct docket text.(Potter, Carrie).
January 23, 2018 Opinion or Order Filing 781 NOTICE of Appearance by Joseph A. Farside, Jr. on behalf of Cranston Print Works Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
January 23, 2018 Opinion or Order Filing 780 NOTICE of Appearance by Mark W. Freel on behalf of Cranston Print Works Company Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Freel, Mark)
January 22, 2018 Opinion or Order NOTICE of Hearing: Telephone Conference re: PHASE II Motions only scheduled for Tuesday 1/30/2018 at 3:30 PM before Chief Judge William E. Smith; this office will initiate the call and counsel for the US and Emhart should provide Case Manager Ryan Jackson with direct-dial phone numbers via email no later than 24 hours before the conference. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
January 19, 2018 Opinion or Order Filing 779 NOTICE by Union Oil Company of California, Exxon Mobil Corporation of Withdrawal of Jeffrey D. Burbach Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Vineyard, Daniel)
January 17, 2018 Opinion or Order TEXT ORDER granting #777 Motion for Todd W. Billmire to Appear Pro Hac Vice ; granting #778 Motion for Richard E. Morton to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 1/17/2018. (Jackson, Kerrie)
January 16, 2018 Opinion or Order Filing 778 MOTION for Richard E. Morton to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1167036 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
January 16, 2018 Opinion or Order Filing 777 MOTION for Todd W. Billmire to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1167016 ) filed by BASF Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
January 16, 2018 Opinion or Order TEXT ORDER granting (776) Motion for Extension of Time to File Response/Reply re (753 in 1:06-cv-00218-WES-LDA, 555 in 1:11-cv-00023-WES-LDA) MOTION for Reconsideration in case 1:06-cv-00218-WES-LDA; granting (573) Motion for Extension of Time to File Response/Reply re (753 in 1:06-cv-00218-WES-LDA, 555 in 1:11-cv-00023-WES-LDA) MOTION for Reconsideration in case 1:11-cv-00023-WES-LDA in case 1:06-cv-00218-WES-LDA in case 1:11-cv-00023-WES-LDA; Replies due by 1/24/2018. So Ordered by Chief Judge William E. Smith on 1/16/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
January 11, 2018 Opinion or Order Filing 776 Assented MOTION for an Extension of Time to File Response/Reply as to (571 in 1:11-cv-00023-WES-LDA) Response to Motion, filed by The United States of America. Responses due by 1/25/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
January 11, 2018 Opinion or Order TEXT ORDER: Any party wishing to submit a brief on their position regarding the Court's jurisdiction while the United States's appeal is pending with the First Circuit Court of Appeals are to file such a brief on or before 2/9/18. So Ordered by Chief Judge William E. Smith on 1/11/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
January 9, 2018 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference re: Phase III scheduling held on 1/9/2018. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
January 8, 2018 Opinion or Order UPDATED Notice of Hearing: Status Conference scheduled for Tuesday 1/9/2018 at 10:00 AM will now be held in the Court's Jury Assembly Room on the 1st Floor (moved from the 3rd Floor Historic Library) before Chief Judge William E. Smith; additionally, there will be a call-in listen only conference line available for the conference - if any attorneys wish to uitilize this call-in line, they should contact Case Manager Ryan H. Jackson for call-in instructions as soon as possible, but no later than 4 PM Today, 1/8/18. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
December 29, 2017 Opinion or Order Filing 775 NOTICE by Univar USA Inc. of Appearance of Counsel Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Silverthorn, Leah)
December 29, 2017 Opinion or Order Filing 774 NOTICE by Univar USA, Inc. of Appearance of Counsel (Silverthorn, Leah)
December 19, 2017 Opinion or Order Filing 773 RESPONSE In Opposition to (753 in 1:06-cv-00218-WES-LDA) MOTION for Reconsideration filed by Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc.. Replies due by 12/26/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
December 19, 2017 Opinion or Order TEXT ORDER: The Court has reviewed the letter of James Ray, Esq. on behalf of various third parties, received via email on December 8, 2017. Mr. Ray suggests that the Court defer entry of the revised Case Management Order (CMO) until after the parties can be heard at the conference scheduled for January 9th. The Court agrees with this suggestion and will discuss the CMO and other matters with counsel on that date. The Court has received the positions of the United States and Emhart and certain third parties in their respective letters; any other party wishing to submit a position on the proposed CMO is welcome to do so prior to the conference. Also, with respect to any other issues the parties wish to take up prior to the conference, the parties may wish to send a letter outlining their concerns and/or positions. So Ordered by Chief Judge William E. Smith on 12/19/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
December 8, 2017 Opinion or Order NOTICE of Hearing: Status Conference re: Phase III scheduled for Tuesday 1/9/2018 at 10:00 AM in Historic Library 3rd Floor before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
December 6, 2017 Opinion or Order Filing 772 REPLY to Response re (771 in 1:06-cv-00218-WES-LDA, 569 in 1:11-cv-00023-WES-LDA) Response to Motion, filed by The United States of America. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
December 4, 2017 Opinion or Order TEXT ORDER Extending Briefing Schedule re: US's Motion for Reconsideration (769 in case 1:06-cv-00218-WES-LDA, 567 in case 1:11-cv-00023-WES-LDA): Emhart's Opposition due on or before 12/19/17; United States' Reply due on or before 1/17/18. So Ordered by Chief Judge William E. Smith on 12/4/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
December 1, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference re: Phase II Notice of Appeal held on 12/1/2017; counsel on call: J. Hovermill, J. Beavers, R. Green; J. McLaughlin, E. Vaudo, M. Flint. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
November 29, 2017 Opinion or Order Filing 771 RESPONSE In Opposition to (768 in 1:06-cv-00218-WES-LDA, 566 in 1:11-cv-00023-WES-LDA) MOTION Indicative Ruling on Motion for Reconsideration re (555 in 1:11-cv-00023-WES-LDA) MOTION for Reconsideration WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc.. Replies due by 12/6/2017. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
November 22, 2017 Opinion or Order Filing 770 NOTICE of Appearance by Natalie G. Harrison on behalf of The United States of America Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Harrison, Natalie)
November 20, 2017 Opinion or Order TEXT ORDER granting (769) Motion for Extension of Time of Briefing Schedule re: US's Motion for Reconsideration in case 1:06-cv-00218-WES-LDA; granting (567) Motion for Extension of Time of Briefing Schedule re: US's Motion for Reconsideration in case 1:11-cv-00023-WES-LDA; Emhart's Opposition due on or before 12/5/17; United States' Reply due on or before 12/22/17. So Ordered by Chief Judge William E. Smith on 11/20/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
November 20, 2017 Opinion or Order NOTICE of Hearing: Telephone Conference re: Phase II Notice of Appeal scheduled for Friday 12/1/2017 at 3:30 PM before Chief Judge William E. Smith; only counsel involved in the Phase II trial are to be on this call; counsel are to provide direct-dial numbers to the Case Manager Ryan Jackson via email, 24-hours in advance of the teleconference; this office will initiate the call. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
November 17, 2017 Opinion or Order Filing 769 Assented MOTION for an Extension of Time for Briefing Schedule filed by Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc.. Responses due by 12/1/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
November 16, 2017 Opinion or Order Filing 768 MOTION Indicative Ruling on Motion for Reconsideration re (555 in 1:11-cv-00023-WES-LDA) MOTION for Reconsideration filed by The United States of America. Responses due by 11/30/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
November 16, 2017 Opinion or Order USCA Case Number 17-2127 for #766 Notice of Appeal. (Jackson, Kerrie)
November 15, 2017 Opinion or Order Filing 767 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #766 Notice of Appeal. (Attachments: #1 Record of Appeal)(Jackson, Kerrie)
November 15, 2017 Opinion or Order Filing 766 NOTICE OF APPEAL by The United States of America as to (548 in 1:11-cv-00023-WES-LDA) Memorandum and Order (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 11/22/2017. (MacLaughlin, Jerome)
November 7, 2017 Opinion or Order Filing 765 NOTICE by Hexagon Metrology, Inc. of Withdrawal of Barry J. Trilling as pro hac vice counsel Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
November 7, 2017 Opinion or Order TEXT ORDER granting #762 Motion for Duke K. McCall, III to Appear Pro Hac Vice ; granting #764 Motion for Duke K. McCall, III to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 11/7/2017. (Jackson, Kerrie)
November 6, 2017 Opinion or Order Filing 764 MOTION for Duke K. McCall, III to Appear Pro Hac Vice on behalf of CNA Holdings, Inc. ( filing fee paid $ 50.00, receipt number 0103-1143287 ) filed by CNA Holdings, LLC. (Attachments: #1 Exhibit List of Jurisdictions)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
November 6, 2017 Opinion or Order Filing 763 NOTICE of Appearance by Gregory L. Benik on behalf of Eastern Color & Chemical Company (Benik, Gregory)
November 6, 2017 Opinion or Order Filing 762 MOTION for Duke K. McCall, III to Appear Pro Hac Vice on behalf of CNA Holdings, Inc. ( filing fee paid $ 50.00, receipt number 0103-1143251 ) filed by CNA Holdings, LLC. (Attachments: #1 Exhibit List of Jurisdictions)(Muri, Anthony)
November 1, 2017 Opinion or Order TEXT ORDER granting (761) Motion for Extension of Time in case 1:06-cv-00218-WES-LDA; granting (561) Motion for Extension of Time in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 11/1/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
November 1, 2017 Opinion or Order Reset Deadlines re: BREIFING SCHEDULE on re: (753 in 1:06-cv-00218-WES-LDA, 555 in 1:11-cv-00023-WES-LDA) MOTION for Reconsideration filed by The United States of America: Plaintiff's Objection to be filed on or before 11/22/17; Defendants' Reply to be filed on or before 12/13/17; Argument remains scheduled on 1/9/18 at 10 AM. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 26, 2017 Opinion or Order Filing 761 Assented MOTION for an Extension of Time Extended Scheduling Order filed by Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc.. Responses due by 11/9/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
October 23, 2017 Opinion or Order TEXT ORDER granting #760 Motion for Bradford A. DeVore to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 10/23/2017. (Jackson, Kerrie)
October 20, 2017 Opinion or Order Filing 760 MOTION for Bradford A. De Vore to Appear Pro Hac Vice on behalf of BASF Corporation ( filing fee paid $ 50.00, receipt number 0103-1136296 ) filed by BASF Corp.. (Muri, Anthony)
October 19, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 10/19/2017; counsel on call: J. Hovermill, J. Beavers, R. Green; J. MacLaughlin, M. Flint, E. Vaudo, J. Sun Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 12, 2017 Opinion or Order TEXT ORDER granting (759) Motion for Extension of Time to Appeal Phase II Findings of Facts and Conclusions of Law in case 1:06-cv-00218-WES-LDA; granting (560) Motion for Extension of Time of Time to Appeal Phase II Findings of Facts and Conclusions of Law in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 10/12/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 11, 2017 Opinion or Order Filing 759 Assented MOTION for an Extension of Time For Notice of Appeal filed by The United States of America. Responses due by 10/25/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
October 11, 2017 Opinion or Order TEXT ORDER Setting Briefing Schedule re: (753 in 1:06-cv-00218-WES-LDA, 555 in 1:11-cv-00023-WES-LDA) MOTION for Reconsideration filed by The United States of America: Plaintiff's Objection to be filed on or before 11/15/17; Defendants' Reply to be filed on or before 12/6/17; Argument to be scheduled on 1/9/18 at 10 AM. So Ordered by Chief Judge William E. Smith on 10/11/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 11, 2017 Opinion or Order NOTICE of Hearing: Telephone Conference re: PHASE II Parties only, scheduled for Thursday 10/19/2017 at 9:30 AM before Chief Judge William E. Smith; this office will initiate the call; counsel are asked to provide direct-dial numbers to Case Manager Ryan Jackson by 10/18/17 via email. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 11, 2017 Opinion or Order NOTICE of Hearing on (555 in 1:11-cv-00023-WES-LDA, 753 in 1:06-cv-00218-WES-LDA) MOTION for Reconsideration: Motion Hearing scheduled for Tuesday 1/9/2018 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 11, 2017 Opinion or Order TEXT ORDER granting #758 Motion for David B. Graham to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 10/11/2017. (Jackson, Kerrie)
October 10, 2017 Opinion or Order Filing 758 MOTION for David B. Graham to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1132176 ) filed by CNA Holdings, LLC. (Muri, Anthony)
October 6, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference re: PHASE III held on 10/6/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 6, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 10/6/2017; counsel present: J. Hovermill, J. Beavers, R. Green, R. Brodsky; J. MacLaughlin, E. Vaudo, J. Sun Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 6, 2017 Opinion or Order Filing 757 MOTION for Amanda Neidert Kesler to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1131571 ) filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
October 6, 2017 Opinion or Order TEXT ORDER Entering (556 in 1:11-cv-00023-WES-LDA, 754 in 1:06-cv-00218-WES-LDA) Notice of Voluntary Dismissal filed by Emhart Industries, Inc., Black & Decker Inc, Emhart Industries, Inc as to Lanxess Sybron Chemicals, Inc. and Bayer Corp. So Ordered by Chief Judge William E. Smith on 10/6/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
October 6, 2017 Opinion or Order TEXT ORDER granting #757 Motion for Amanda Neidert Kesler to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 10/6/2017. (Jackson, Kerrie)
October 5, 2017 Opinion or Order Filing 756 NOTICE of Appearance by Mark W. Freel on behalf of Hexagon Metrology, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Freel, Mark)
October 5, 2017 Opinion or Order Filing 755 NOTICE of Appearance by Joseph A. Farside, Jr. on behalf of Hexagon Metrology, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Farside, Joseph)
October 5, 2017 Opinion or Order Filing 754 NOTICE of Voluntary Dismissal by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Green, Rachelle)
October 5, 2017 Opinion or Order TEXT ORDER granting #750 Motion for Joseph P. Fiteni to Appear Pro Hac Vice ; granting #751 Motion for Timothy I. Duffy to Appear Pro Hac Vice ; and granting #752 Motion for Heidi S. Minuskin to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 10/5/2017. (Jackson, Kerrie)
October 4, 2017 Opinion or Order Filing 753 MOTION for Reconsideration WITH SUPPORTING MEMO filed by The United States of America. Responses due by 10/18/2017. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(MacLaughlin, Jerome)
October 4, 2017 Opinion or Order Filing 752 MOTION for Heidi S. Minuskin to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1130933 ) filed by Bayer Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Waksler, Craig)
October 4, 2017 Opinion or Order Filing 751 MOTION for Timothy I. Duffy to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1130927 ) filed by Bayer Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Waksler, Craig)
October 4, 2017 Opinion or Order Filing 750 MOTION for Joseph P. Fiteni to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1130920 ) filed by Bayer Corp.. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Waksler, Craig)
October 4, 2017 Opinion or Order Filing 749 NOTICE by Bayer Corp. of Withdrawal of Counsel Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Muri, Anthony)
October 3, 2017 Opinion or Order Filing 748 NOTICE of Appearance by Ryan M. Murphy on behalf of Bayer Corp. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Murphy, Ryan)
October 3, 2017 Opinion or Order Filing 747 NOTICE of Appearance by Craig R. Waksler on behalf of Bayer Corp. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Waksler, Craig)
September 20, 2017 Opinion or Order TEXT ORDER denying without prejudice #4 Motion for Judgment on the Pleadings; denying without prejudice #182 Motion for Summary Judgment; denying without prejudice #188 Motion for Summary Judgment; denying without prejudice #246 Motion to Strike Supplemental Expert Report of James R. Kittrell. So Ordered by Chief Judge William E. Smith on 9/20/2017. (Jackson, Ryan)
September 18, 2017 Opinion or Order TEXT ORDER granting (740) Motion to Withdraw as Attorney. Attorney Alexandra K. Callam terminated in case 1:06-cv-00218-WES-LDA; granting (544) Motion to Withdraw as Attorney. Attorney Alexandra K. Callam terminated in case 1:11-cv-00023-WES-LDA. So Ordered by Chief Judge William E. Smith on 9/18/2017. Associated Cases: 1:11-cv-00023-WES-LDA, 1:06-cv-00218-WES-LDA(Jackson, Ryan)
August 29, 2017 Opinion or Order NOTICE of Hearing: Status Conference re: PHASE II issues scheduled for Friday 10/6/2017 at 10:00 AM in Chambers before Chief Judge William E. Smith; only counsel for Emhart and the United States are to attend this conference. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 29, 2017 Opinion or Order NOTICE of Hearing: Status Conference re: PHASE III issues scheduled for Friday 10/6/2017 at 1:00 PM in the Jury Assembly Room, 1st Floor, US District Courthouse before Chief Judge William E. Smith; all parties are required to attend this conference. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 18, 2017 Opinion or Order Filing 746 NOTICE of Change of Address by Justin T. Shay (Shay, Justin)
August 17, 2017 Opinion or Order Filing 745 PHASE II FINDINGS OF FACT AND CONCLUSIONS OF LAW. So Ordered by Chief Judge William E. Smith on 8/17/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 10, 2017 Opinion or Order Filing 744 NOTICE of Appearance by Bret W. Jedele on behalf of Teknor Apex Co., Teknor-Apex Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jedele, Bret)
August 10, 2017 Opinion or Order Filing 743 NOTICE of Appearance by Bret W. Jedele on behalf of Teknor Apex Co., Teknor-Apex (Jedele, Bret)
August 9, 2017 Opinion or Order Filing 742 NOTICE of Appearance by Randall L. Souza on behalf of Exxon Mobil Corporation Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
August 9, 2017 Opinion or Order Filing 741 NOTICE by Exxon Mobil Corporation Withdrawal of Appearance Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
August 8, 2017 Opinion or Order Filing 740 MOTION to Withdraw as Attorney filed by Duro Textiles, LLC. Responses due by 8/22/2017. (Attachments: #1 Exhibit A - Resignation of Resident Agent)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Callam, Alexandra)
August 7, 2017 Opinion or Order TEXT ORDER in case 1:06-cv-00218-S-LDA and in case 1:11-cv-00023-S-LDA; granting (526) Motion to Appear Pro Hac Vice of David K. McCay. So Ordered by Chief Judge William E. Smith on 8/7/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 14, 2017 Opinion or Order TEXT ORDER granting (739) Motion to Appear Pro Hac Vice filed byLanxess Sybron Chemicals, Inc. in case 1:06-cv-00218-S-LDA; granting (543) Motion to Appear Pro Hac Vice filed byLanxess Sybron Chemicals, Inc. in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 6/14/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 12, 2017 Opinion or Order Filing 739 MOTION for Joseph P. Fiteni to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1094205 ) filed by Lanxess Sybron Chemicals, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Waksler, Craig)
June 5, 2017 Opinion or Order Filing 738 SUMMONS Returned Executed by Black & Decker, Inc., Emhart Industries, Inc. A. Harrison & Co., Inc. served on 3/30/2017, answer due 4/20/2017; Bayer Corp. served on 3/30/2017, answer due 4/20/2017; Eastern Color & Chemical Co. served on 3/30/2017, answer due 4/20/2017; Henkel Corp. served on 3/30/2017, answer due 4/20/2017; Hexagon Metrology, Inc. served on 3/30/2017, answer due 4/20/2017; Olin Corp. served on 3/30/2017, answer due 4/20/2017; Unilever United States, Inc. served on 3/30/2017, answer due 4/20/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Smith, Rana)
June 5, 2017 Opinion or Order Filing 737 AFFIDAVIT of Service, filed by Black & Decker, Inc., Emhart Industries, Inc for Third Party Complaint Indusol, Inc. served on 3/31/2017, answer due 4/20/2017; Ingredion Inc. served on 4/3/2017, answer due 4/24/2017; Ivax LLC served on 4/3/2017, answer due 4/24/2017; Lanxess Sybron Chemicals, Inc. served on 4/3/2017, answer due 4/24/2017; Phibro Animal Health Corp. served on 4/3/2017, answer due 4/24/2017; Unilever United States, Inc. served on 4/3/2017, answer due 4/24/2017. (Attachments: #1 Exhibit A)(Smith, Rana)
June 1, 2017 Opinion or Order Filing 736 Summons Issued as to Akzo Nobel N.V.. (Jackson, Kerrie)
June 1, 2017 Opinion or Order Filing 735 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 30, 2017 Opinion or Order Filing 734 MOTION for Heidi S. Minuskin to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1089814 ) filed by Lanxess Sybron Chemicals, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Waksler, Craig)
May 30, 2017 Opinion or Order Filing 733 MOTION for Timothy I. Duffy to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1089805 ) filed by Lanxess Sybron Chemicals, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Waksler, Craig)
May 30, 2017 Opinion or Order Filing 732 NOTICE of Appearance by Ryan M. Murphy on behalf of Lanxess Sybron Chemicals, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Murphy, Ryan)
May 30, 2017 Opinion or Order Filing 731 NOTICE of Appearance by Craig R. Waksler on behalf of Lanxess Sybron Chemicals, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Waksler, Craig)
May 30, 2017 Opinion or Order TEXT ORDER granting #733 Motion for Timothy I. Duffy to Appear Pro Hac Vice; and granting #734 Motion for Heidi S. Minuskin to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 5/30/2017. (Jackson, Kerrie)
May 8, 2017 Opinion or Order Filing 730 MOTION for Berj. K. Parseghian to Appear Pro Hac Vice on behalf of Henkel Corporation ( filing fee paid $ 50.00, receipt number 0103-1082232 ) filed by Henkel Corp.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Nelson, Monica)
May 8, 2017 Opinion or Order TEXT ORDER granting #730 Motion for Berj K. Parseghian to Appear Pro Hac Vice, filed by Henkel Corp.. So Ordered by Chief Judge William E. Smith on 5/8/2017. (Jackson, Kerrie)
May 5, 2017 Opinion or Order Filing 729 NOTICE of Appearance by Andrew S. Tugan on behalf of IVAX LLC Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Tugan, Andrew)
May 5, 2017 Opinion or Order Filing 728 MOTION for Joseph E. Wolfson to Appear Pro Hac Vice on behalf of IVAX LLC ( filing fee paid $ 50.00, receipt number 0103-1081579 ) filed by Ivax LLC. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Petros, Gerald)
May 5, 2017 Opinion or Order TEXT ORDER granting #728 Motion for Joseph E. Wolfson to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 5/5/2017. (Jackson, Kerrie)
May 4, 2017 Opinion or Order Filing 727 MOTION for Philip J. O'Rourke to Appear Pro Hac Vice for Henkel Corporation ( filing fee paid $ 50.00, receipt number 0103-1081075 ) filed by Henkel Corp.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Nelson, Monica)
May 4, 2017 Opinion or Order Filing 726 Corporate Disclosure Statement by Henkel Corp.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Nelson, Monica)
May 4, 2017 Opinion or Order Filing 725 NOTICE of Appearance by Monica R. Nelson on behalf of Henkel Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Nelson, Monica)
May 4, 2017 Opinion or Order Filing 724 NOTICE of Appearance by Gerald J. Petros on behalf of Ivax LLC Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Petros, Gerald)
May 4, 2017 Opinion or Order TEXT ORDER granting #727 Motion for Philip J. O'Rourke to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 5/4/2017. (Jackson, Kerrie)
April 26, 2017 Opinion or Order TEXT ORDER granting (723) Motion for David K. McCay to Appear Pro Hac Vice in case 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 4/26/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
April 25, 2017 Opinion or Order Filing 723 MOTION for David K. McCay to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1078188 ) filed by Indusol, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Fine, David)
April 25, 2017 Opinion or Order Filing 722 MOTION for David K. McCay to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1078178 ) filed by Indusol, Inc.. (Fine, David)
April 24, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 4/24/2017; counsel present: J. Hovermill, J. Beavers, R. Brodsky, R. Green; J. MacLaughlin, E. Vaudo, J. Sun; M. Freel; G. La Terra Bellina; L. Moorhead; M. Donegan; D. Vineyard; D. Graham; B. Jedele; J. Kosch; M. Horne; S. Cooney; J. Ronecker; K. Whittle; A. Muri; B. Tilling; J. Shay; J. Ray; S. Boyajian, M. Baroni; J. Ferroli, T. White; present on conference call: J. Levin, D. Johnson, P. Dupre; J. Wolfson; D. Fine; D. McKay; G. Benik; G. Cleary; T. Duffy; W. Short; L. Silverthorn; J. Burbach; H. Minuskin. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 24, 2017 Opinion or Order Filing 721 NOTICE of Appearance by David L. Fine on behalf of Indusol, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Fine, David)
April 24, 2017 Opinion or Order Filing 720 NOTICE of Appearance by David L. Fine on behalf of Indusol, Inc. (Fine, David)
April 24, 2017 Opinion or Order TEXT ORDER granting #719 Motion for Barry J. Trilling to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 4/24/2017. (Jackson, Kerrie)
April 21, 2017 Opinion or Order Filing 719 MOTION for Barry J. Trilling, Esq. to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1077217 ) filed by Hexagon Metrology, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Shay, Justin)
April 21, 2017 Opinion or Order Filing 718 NOTICE of Appearance by James P. Ray on behalf of Unilever United States, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Ray, James)
April 21, 2017 Opinion or Order Filing 717 NOTICE of Appearance by James P. Ray on behalf of Unilever United States, Inc. (Ray, James)
April 21, 2017 Opinion or Order Filing 716 NOTICE of Appearance by James P. Ray on behalf of Phibro Animal Health Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Ray, James)
April 21, 2017 Opinion or Order Filing 715 NOTICE of Appearance by James P. Ray on behalf of Phibro Animal Health Corp. (Ray, James)
April 21, 2017 Opinion or Order Filing 714 NOTICE of Appearance by Joseph A. Farside, Jr on behalf of The Original Bradford Soap Works, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farside, Joseph)
April 21, 2017 Opinion or Order Filing 713 NOTICE of Appearance by Joseph A. Farside, Jr on behalf of BNS, LLC Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farside, Joseph)
April 21, 2017 Opinion or Order Filing 712 NOTICE of Appearance by Megan E. Baroni on behalf of Unilever United States, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Baroni, Megan)
April 21, 2017 Opinion or Order Filing 711 NOTICE of Appearance by Megan E. Baroni on behalf of Unilever United States, Inc. (Baroni, Megan)
April 21, 2017 Opinion or Order Filing 710 NOTICE of Appearance by Megan E. Baroni on behalf of Phibro Animal Health Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Baroni, Megan)
April 21, 2017 Opinion or Order Filing 709 NOTICE of Appearance by Megan E. Baroni on behalf of Phibro Animal Health Corp. (Baroni, Megan)
April 21, 2017 Opinion or Order Filing 708 NOTICE of Appearance by Mark W. Freel on behalf of The Original Bradford Soap Works, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Freel, Mark)
April 21, 2017 Opinion or Order Filing 707 NOTICE of Appearance by Mark W. Freel on behalf of BNS Company, BNS, LLC Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Freel, Mark)
April 21, 2017 Opinion or Order Filing 706 NOTICE of Appearance by Leah L. Miraldi on behalf of Hexagon Metrology, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Miraldi, Leah)
April 21, 2017 Opinion or Order Filing 705 NOTICE of Appearance by Justin T. Shay on behalf of Hexagon Metrology, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Shay, Justin)
April 21, 2017 Opinion or Order Filing 704 NOTICE of Appearance by Justin T. Shay on behalf of Hexagon Metrology, Inc. (Shay, Justin)
April 20, 2017 Opinion or Order Filing 703 NOTICE of Appearance by Steven J. Boyajian on behalf of Unilever United States, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Boyajian, Steven)
April 20, 2017 Opinion or Order Filing 702 NOTICE of Appearance by Steven J. Boyajian on behalf of Phibro Animal Health Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Boyajian, Steven)
April 20, 2017 Opinion or Order Filing 701 NOTICE of Appearance by Steven J. Boyajian on behalf of Unilever United States, Inc. (Boyajian, Steven)
April 20, 2017 Opinion or Order Filing 700 NOTICE of Appearance by Steven J. Boyajian on behalf of Phibro Animal Health Corp. (Boyajian, Steven)
April 20, 2017 Opinion or Order Filing 699 NOTICE of Appearance by Steven J. Boyajian on behalf of Unilever United States, Inc. (Boyajian, Steven)
April 20, 2017 Opinion or Order Filing 698 NOTICE of Appearance by Steven J. Boyajian on behalf of Phibro Animal Health Corp. (Boyajian, Steven)
April 20, 2017 Opinion or Order Filing 697 Corporate Disclosure Statement by Univar USA Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cleary, Gordon)
April 20, 2017 Opinion or Order Filing 696 MOTION for Leah B. Silverthorn to Appear Pro Hac Vice for Univar USA, Inc. ( filing fee paid $ 50.00, receipt number 0103-1076608 ) filed by Univar USA Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cleary, Gordon)
April 20, 2017 Opinion or Order Filing 695 MOTION for Michelle Rosenthal to Appear Pro Hac Vice for Univar USA, Inc. ( filing fee paid $ 50.00, receipt number 0103-1076606 ) filed by Univar USA Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cleary, Gordon)
April 20, 2017 Opinion or Order TEXT ORDER granting #695 Motion for Michelle Rosenthal to Appear Pro Hac Vice. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 4/20/2017. (Jackson, Kerrie)
April 20, 2017 Opinion or Order TEXT ORDER granting #696 Motion for Leah B. Silverthorn to Appear Pro Hac Vice. filed by Univar USA Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 4/20/2017. (Jackson, Kerrie)
April 20, 2017 Opinion or Order TEXT ORDER granting #694 Motion for Bradford A. De Vore to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 4/20/2017. (Jackson, Kerrie)
April 19, 2017 Opinion or Order Filing 694 MOTION for Bradford A. De Vore to Appear Pro Hac Vice for Bayer Corporation ( filing fee paid $ 50.00, receipt number 0103-1076417 ) filed by Bayer Corp.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Muri, Anthony)
April 19, 2017 Opinion or Order Filing 693 NOTICE of Appearance by Stephen P. Cooney on behalf of Ingredion Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cooney, Stephen)
April 19, 2017 Opinion or Order Filing 692 NOTICE of Appearance by Melissa M. Horne on behalf of Ingredion Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Horne, Melissa)
April 19, 2017 Opinion or Order TEXT ORDER granting #690 Motion for Jerry K. Ronecker to Appear Pro Hac Vice. So Ordered by Chief Judge William E. Smith on 4/19/2017. (Jackson, Kerrie)
April 18, 2017 Opinion or Order Filing 691 NOTICE of Appearance by Kristen M. Whittle on behalf of Olin Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Whittle, Kristen)
April 18, 2017 Opinion or Order Filing 690 MOTION for Jerry K. Ronecker to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1076015 ) filed by Olin Corp.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Meara, John)
April 18, 2017 Opinion or Order Filing 689 NOTICE of Appearance by Kristen M. Whittle on behalf of Olin Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Whittle, Kristen)
April 18, 2017 Opinion or Order Filing 688 NOTICE of Appearance by John D. Meara on behalf of Olin Corp. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Meara, John)
April 12, 2017 Opinion or Order Filing 687 NOTICE of Appearance by Giovanni La Terra Bellina on behalf of Organic Dyestuffs Corporation Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(La Terra Bellina, Giovanni)
April 12, 2017 Opinion or Order Reset Hearings re: Notice of In Chambers Conference re: 3rd Party Issues RE-SCHEDULED for Monday 4/24/2017 at 2:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 6, 2017 Opinion or Order NOTICE of Hearing: In Chambers Conference re: 3rd Party Issues scheduled for Wednesday 4/26/2017 at 2:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 5, 2017 Opinion or Order Filing 686 TRANSCRIPT ORDER for proceedings held on 4/4/2017 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
April 4, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial completed on 4/4/2017. (McLoughlin, Green, Hovermill, Beavers, Greene) Court addresses. Parties give their closing arguments. Court takes matter under advisement and fill issue a ruling at a later date. Recess. (Court Reporter Denise Veitch in Courtroom 2 at 9:40 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
March 28, 2017 Opinion or Order Filing 685 CORRECTED PHASE II POST-TRIAL REPLY BRIEF by Black & Decker Inc., Emhart Industries, Inc., (Attachments: #1 Errata Notice of Errata and Correction to Emhart Industries, Inc. and Black & Decker Inc.'s Phase II Post-Trial Reply Brief)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 22, 2017 Opinion or Order Filing 684 TRANSCRIPT of Phase II, Bench Trial, Volume 13, held on January 19, 2017, before Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-323-9337. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/12/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/20/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Veitch, Denise)
March 22, 2017 Opinion or Order Filing 683 TRANSCRIPT of Phase II, Bench Trial, Volume 12, held on January 18, 2017, before Chief Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-323-9337. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/12/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/20/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Veitch, Denise)
March 22, 2017 Opinion or Order Filing 682 TRANSCRIPT of Phase II, Bench Trial, Volume 11 held on January 17, 2017, before Chief Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-323-9337. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/12/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/20/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Veitch, Denise)
March 21, 2017 Opinion or Order Filing 681 PHASE II POST-TRIAL REPLY BRIEF by Black & Decker Inc., Emhart Industries, Inc.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 16, 2017 Opinion or Order TEXT ORDER Entering (490 in 1:11-cv-00023-S-LDA, 678 in 1:06-cv-00218-S-LDA) Stipulation (Joint) to Further Amend October 7, 2016 Text Order filed by Black & Decker Inc., Emhart Industries, Inc, Emhart Industries, Inc., United States. So Ordered by Chief Judge William E. Smith on 3/16/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 15, 2017 Opinion or Order Filing 680 NOTICE by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. of Withdrawal of Jerome C. Muys, Jr. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 15, 2017 Opinion or Order Filing 679 NOTICE by Black & Decker Inc, Emhart Industries, Inc, Emhart Industries, Inc. of Withdrawal of Jeffrey M. Karp Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 15, 2017 Opinion or Order Filing 678 STIPULATION (Joint) to Further Amend October 7, 2016 Text Order filed by Black & Decker Inc., Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle) (Main Document 490 replaced for attorney signature on last page on 3/15/2017) (Jackson, Kerrie).
March 10, 2017 Opinion or Order Filing 677 Summons Issued as to Ivax LLC, Lanxess Sybron Chemicals, Inc., Olin Corp., Phibro Animal Health Corp., Unilever United States, Inc., and Univar USA, Inc.. (Jackson, Kerrie)
March 10, 2017 Opinion or Order Filing 676 Summons Issued as to Eastern Resins Corp., Henkel Corp., Hexagon Metrology, Inc., Indusol, Inc., and Ingredion Inc.. (Jackson, Kerrie)
March 10, 2017 Opinion or Order Filing 675 Summons Issued as to Eastern Color & Chemical Co.. (Jackson, Kerrie)
March 10, 2017 Opinion or Order Filing 674 Summons Issued as to Bayer Corp.. (Jackson, Kerrie)
March 10, 2017 Opinion or Order Filing 673 Summons Issued as to A. Harrison & Co., Inc.. (Jackson, Kerrie)
March 9, 2017 Opinion or Order Filing 672 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 671 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 670 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 669 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 668 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 667 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 666 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 665 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 664 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 663 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 662 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 661 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 660 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 9, 2017 Opinion or Order Filing 659 Summons Request filed by Black & Decker Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 8, 2017 Opinion or Order Filing 658 CROSSCLAIM against BASF Corp., BNS, LLC, CNA Holdings, LLC, Cranston Print Works Co., Duro Textiles, LLC, Organic Dyestuffs Corp., Sequa Corp., Teknor Apex Co., The Original Bradford Soap Works, Inc., Union Oil Company of California, filed by Emhart Industries, Inc, Black & Decker, Inc..(Farrell Pletcher, Paula)
March 8, 2017 Opinion or Order Filing 657 THIRD PARTY COMPLAINT against A. Harrison & Co., Inc., Akzo Nobel N.V., Bayer Corp., Eastern Color & Chemical Co., Eastern Resins Corp., Henkel Corp., Hexagon Metrology, Inc., Indusol, Inc., Ingredion Inc., Ivax LLC, Lanxess Sybron Chemicals, Inc., Olin Corp., Phibro Animal Health Corp., Unilever United States, Inc., Univar USA, Inc., filed by Emhart Industries, Inc, Black & Decker, Inc. (Farrell Pletcher, Paula)
March 8, 2017 Opinion or Order Filing 656 NOTICE of Appearance by Emily J. Migliaccio on behalf of Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Migliaccio, Emily)
March 8, 2017 Opinion or Order CORRECTIVE DOCKET ENTRY Regarding: #651 Notice of Appearance. Entry not docketed by counsel entering their appearance. The entering counsel will re-file entry of appearance. (Farrell Pletcher, Paula)
March 7, 2017 Opinion or Order Filing 655 NOTICE of Change of Address by Rachelle R. Green Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 7, 2017 Opinion or Order Filing 654 NOTICE of Appearance by Rachelle R. Green on behalf of Black & Decker, Inc., Emhart Industries, Inc Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 6, 2017 Opinion or Order Filing 653 PHASE II POST-TRIAL BRIEF by The United States of America.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
March 6, 2017 Opinion or Order Filing 652 NOTICE of Change of Address by Emily J. Migliaccio (Migliaccio, Emily)
March 6, 2017 Opinion or Order Filing 651 NOTICE of Appearance by Emily J. Migliaccio on behalf of Emhart Industries, Inc (Green, Rachelle) Modified on 3/7/2017 (McGuire, Vickie).
March 2, 2017 Opinion or Order TEXT ORDER Entering (648 in 1:06-cv-00218-S-LDA, 463 in 1:11-cv-00023-S-LDA) Stipulation Extending Post Trial Brief Deadlines filed by The United States of America, Emhart Industries, Inc. So Ordered by Chief Judge William E. Smith on 3/2/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 1, 2017 Opinion or Order Filing 650 NOTICE of Appearance by Dean J. Wagner on behalf of Exxon Mobil Corporation Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Wagner, Dean)
March 1, 2017 Opinion or Order Filing 649 MOTION for Jeffrey Burbach to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-1059299 ) filed by Union Oil Company of California. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Wagner, Dean)
March 1, 2017 Opinion or Order TEXT ORDER granting #649 Motion for Jeffrey Burbach to Appear Pro Hac Vice in case 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 3/1/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Kerrie)
February 27, 2017 Opinion or Order Filing 648 STIPULATION Extending Post Trial Brief Deadlines filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
February 24, 2017 Opinion or Order Filing 647 NOTICE of Change of Address by Rachelle R. Green Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 9, 2017 Opinion or Order Filing 646 POST TRIAL BRIEF by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 8, 2017 Opinion or Order Filing 645 STIPULATION Regarding Exhibits filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Appendix)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 3, 2017 Opinion or Order TEXT ORDER Entering (644 in 1:06-cv-00218-S-LDA, 459 in 1:11-cv-00023-S-LDA) Stipulation (Joint) to Further Amend October 7, 2016 Text Order filed by Emhart Industries, Inc, Black & Decker, Inc.. So Ordered by Chief Judge William E. Smith on 2/3/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 2, 2017 Opinion or Order Filing 644 STIPULATION (Joint) to Further Amend October 7, 2016 Text Order filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
January 19, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial Day 13 held on 1/19/2017. (McLaughlin, Flint, Beavers, Hovermill, Green) Court addresses and continues with the sur-rebuttal testimony of witness #7. Five exhibits entered and admitted as full. Emhart completes its presentation of its sur-rebuttal evidence. Closing arguments are scheduled for 4/4/2017 at 9:30 a.m. Recess. (Court Reporter Denise Veitch in Courtroom 2 at 9:10 p.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 19, 2017 Opinion or Order NOTICE of Hearing: Closing Arguments of Bench Trial set for 4/4/2017 at 9:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 18, 2017 Opinion or Order NOTICE of Hearing: Continuation of Bench Trial set for 1/18/2017 at 9:00 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 18, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial - DAY 12 held on 1/18/2017. (McLaughlin, Flint, Beavers, Hovermill, Green) Court addresses and continues with the testimony of witness # 12. One exhibit previously entered is admitted as full. Bench trial to continue tomorrow, 1/19/2017 at 9:00 a.m. Recess. (Court Reporter Denise Veitch & Lisa Schwam in Courtroom 2 at 9:10 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 18, 2017 Opinion or Order NOTICE of Hearing: Bench Trial set for 1/19/2017 at 9:00 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 17, 2017 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial - Day 11 held on 1/17/2017. (McLaughlin, Flint, Beavers, Hovermill) Court addresses. Govt begins with its presentation of its rebuttal evidence. Two witnesses sworn and questioned; Two exhibits entered and admitted as full. Bench trial to continue on 1/18/2017 at 9:00 a.m. Recess. (Court Reporter Denise Veitch & Lisa Schwam in Courtroom 2 at 9:10 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 4, 2017 Opinion or Order TEXT ORDER Entering (643 in 1:06-cv-00218-S-LDA, 458 in 1:11-cv-00023-S-LDA) Stipulation to Amend 10/7/16 Text Order as follows: Emhart's Post-Trial Brief will be due on or before 2/7/17; the United States' Response will be due 3 weeks from the filing of Emhart's brief, or at the latest, 2/28/17; Emhart's Reply Brief is due 2 weeks from the filing of the United States' Response, or at the latest 3/13/17; Oral Argument remains scheduled for Tuesday 4/4/17 at 9:30 AM. So Ordered by Chief Judge William E. Smith on 1/4/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 20, 2016 Opinion or Order Filing 643 STIPULATION to Amend October 7, 2016 Text Order filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
December 9, 2016 Opinion or Order Filing 642 TRANSCRIPT of Bench Trial, Volume 10, held on November 30, 2016, before Chief Judge William E. Smith. Court Reporter Karen Wischnowsky, Telephone number (401) 529-7406. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/30/2016. Redacted Transcript Deadline set for 1/9/2017. Release of Transcript Restriction set for 3/9/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Wischnowsky, Karen)
November 30, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 11/30/2016. (Flint, MacLoughlin, Beaver, Greene, Hovermill) Court addresses. Govt begins the cross examination of Mr. Loureiro. One exhibits entered and admitted as full. Trial to continue on 1/17/2017. Recess. (Court Reporter Karen Wischnowsky in Courtroom 2 at 10:35 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
November 28, 2016 Opinion or Order Filing 641 TRANSCRIPT of Phase II, Bench Trial, Volume 9, held on October 12, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 640 TRANSCRIPT of Phase II, Bench Trial, Volume 8, held on October 11, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 639 TRANSCRIPT of Phase II, Bench Trial, Volume 7, held on October 6, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 638 TRANSCRIPT of Phase II, Bench Trial, Volume 6, held on October 5, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 637 TRANSCRIPT of Phase II, Bench Trial, Volume 5, held on October 4, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 636 TRANSCRIPT of Phase II, Bench Trial, Volume 4, held on October 3, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 635 TRANSCRIPT of Phase II, Bench Trial, Volume 3, held on September 29, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 634 TRANSCRIPT of Phase II, Bench Trial, Volume 2, held on September 28, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
November 28, 2016 Opinion or Order Filing 633 TRANSCRIPT of Phase II, Bench Trial, Volume 1, held on September 27, 2016, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
October 13, 2016 Opinion or Order NOTICE of Hearing: Bench Trial Phase II - Day Ten scheduled for 11/30/2016 at 10:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 11, 2016 Opinion or Order NOTICE of Hearing: Phase II Bench Trial - Day Nine scheduled for 10/12/2016 at 9:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 11, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 10/11/2016. (MacLaughlin, Sun, Rowley, Beavers, Hovermill, Green) Court addresses. One witness sworn and questioned; Two exhibits entered and admitted as full; Three exhibits entered for ID only. Trial to continue tomorrow, 10/12/2016 at 9:30 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 2:15 p.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 7, 2016 Opinion or Order TEXT ORDER REGARDING SCHEDULE: United States' Expert Report will be due on or before 12/31/16; a deposition will be scheduled following that report at a time to be determined by the parties; additional bench trial days have been scheduled for 1/17/17 through 1/19/17; Emhart's Post-Trial Brief will be due on or before 2/6/17; the United States' Response will be due 3 weeks from the filing of Emhart's brief, or at the latest, 2/27/17; Emhart's Reply Brief is due 2 weeks from the filing of the United States' Response, or at the latest 3/13/17; Oral Argument is scheduled for Tuesday 4/4/17 at 9:30 AM (notice to follow). So Ordered by Chief Judge William E. Smith on 10/7/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA (Jackson, Ryan)
October 7, 2016 Opinion or Order TEXT ORDER finding as moot (632) Motion in Limine in case 1:06-cv-00218-S-LDA; finding as moot (447) Motion in Limine in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 10/7/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 7, 2016 Opinion or Order NOTICE of Hearing:Continuation of PHASE II Bench Trial scheduled for 1/17/2017 - 1/19/17 to begin each day at 9:00 AM in Courtroom 2; Oral Argument scheduled for Tuesday 4/4/17 at 9:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA (Jackson, Ryan)
October 6, 2016 Opinion or Order NOTICE of Hearing: Bench Trial set for 10/11/2016 at 02:00 PM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farrell Pletcher, Paula)
October 6, 2016 Opinion or Order NOTICE of Hearing: Phase II Bench Trial - Day Seven set for 10/6/2016 at 9:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 6, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 10/6/2016. (MacLaughlin, Sun, Rowley, Beaver, Hovermill, Green)Court addresses. Emhart calls its next witness. One witness sworn and questioned; One exhibit entered and admitted as full, one exhibit entered for ID only) Trial to continue on 10/11/2016 at 2:00 p.m. Recess. (Court Reporter Karen Wischnowsky in Courtroom 2 at 9:55 a.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 6, 2016 Opinion or Order NOTICE of Hearing: Phase II Bench Trial Day Eight set for 10/11/2016 at 02:00 PM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 5, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 10/5/2016. (MacLaughlin, Flint, Bauer, Beavers, Hovermill, Green) Court addresses and continues with the direct examination of witness #7. Three exhibits entered and admitted as full. Govt renews it's motion to strike the witness' testimony. Court addresses. Trial to continue tomorrow, 10/6/2016 at 9:30 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:20 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 4, 2016 Opinion or Order Filing 632 MOTION in Limine to Exclude Testimony filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
October 4, 2016 Opinion or Order NOTICE of Hearing: Phase II Bench Trial - Day Six set for 10/5/2016 at 9:15 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 4, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 10/4/2016. (MacLaughlin, Greene, Rowley, Bauer, Flint, Beavers, Hovermill, Green) Court addresses and continues with the direct testimony of Mr. Keenan. One new witness sworn and questioned; Defense conducts the cross examination of Mr. Maccarone. Arguments heard on the govt's motion in limine. The court will hear Mr. Loureiro's testimony. Four exhibits entered and admitted as full; Two exhibits entered for ID only. Trial to continue tomorrow, 10/5/2016 at 9:15 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:15 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 3, 2016 Opinion or Order NOTICE of Hearing: Phase II of Bench Trial - Day Five scheduled for 10/4/2016 at 9:00 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
October 3, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 10/3/2016. (MacLaughlin, Greene, Rowley, Beavers, Hovermill, Green) Court addresses. One witness sworn and questioned; Seven exhibits entered and admitted as full. Objections regarding parts of witness no. six's testimony are made. Arguments heard. Court overrules the objections and outlines how the parties should proceed. Trial to begin tomorrow, 10/4/2016, at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:25 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 29, 2016 Opinion or Order NOTICE of Hearing: Phase II Bench Trial - Day Four scheduled for 10/3/2016 at 9:00 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 29, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 9/29/2016: Present for the conference: J. MacLaughlin, J. Sun for the govt; J. Beaver, J. Hovermill, and R. Green for Emhart. (In Chambers at 10:05 a.m..) Minute Entry for proceedings held before Chief Judge William E. Smith: Phase II of Bench Trial DAY THREE held on 9/29/2016: (MacLaughlin, Greene, Sun, Beavers, Hovermill, Green) Court addresses. One witness sworn and questioned; Two exhibits entered and admitted as full. Bench trial to continue on 10/3/2016 at 9:00 a.m. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:55 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA (Urizandi, Nisshy)
September 28, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 9/28/2016. (MacLaughlin, Greene, Rowley, Flint, Sun, Beavers, Hovermill, Green) Court addresses and begins with the cross examination of witness #2 by Emhart. Seven exhibits entered and admitted as full; Two witnesses sworn and questioned. Court breaks for the day for the reasons stated in open court. The court will hold a status conference in chambers at 10:00 a.m. tomorrow (9/29/2016) Recess. (Court Reporter Anne Clayton & Denise Veitch in Courtroom 2 at 9:40 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 28, 2016 Opinion or Order NOTICE of Hearing: Status Conference set for 9/28/2016 at 10:00 AM in Judge Smith Chambers - Room 412 before Chief Judge William E. Smith. NOTICE of Hearing: Phase II Bench Trial - Day 3 scheduled for 9/29/2016 at 10:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 27, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Phase II Bench Trial - Day One held on 9/27/2016. (MacLaughlin, Greene, Flint, Rowley, Beavers, Hoovermill, Green) Court addresses. Each side gives its opening statement. Exhibits US600 - US1526, US1254B, US1552, US1676 - US1679, and US1682 all admitted and entered as full; Two witnesses sworn and questioned. The court will commence trial with the cross examination of witness #2. Trial to begin tomorrow (9/28/16) at 9:30 a.m. Recess. (Court Reporter Anne Clayton / Denise Veitch in Courtroom 2 at 9:25 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 27, 2016 Opinion or Order NOTICE of Hearing: DAY TWO of Bench Trial set for 9/28/2016 at 9:30 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 22, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 9/22/2016; counsel present on call: J. Hovermill, J. Beavers, R. Green; J. MacLaughlin, E. Vaudo, J. Sun. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 22, 2016 Opinion or Order Reset Hearings re: Notice of Telephone Conference RE-SCHEDULED for 9/22/2016 at 4:30 PM before Chief Judge William E. Smith; Telephone Conference (re: PHASE II Bench Trial) scheduled for Thursday 9/22/2016 at 4:00 PM before Chief Judge William E. Smith; this office will initiate the call and all participating counsel should provide direct-dial contact numbers to Case Manager Ryan Jackson via email by 12 noon today, 9/22/16, if they have not already done so. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 16, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Final Pretrial Conference (Teleconference) held on 9/16/2016; counsel on call: J. Hovermill, R. Green; J. MacLaughlin, E. Vaudo, J. Sun, L. Rowley. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 16, 2016 Opinion or Order NOTICE of Hearing: Telephone Conference (re: PHASE II Bench Trial) scheduled for Thursday 9/22/2016 at 4:00 PM before Chief Judge William E. Smith; this office will initiate the call and all participating counsel should provide direct-dial contact numbers to Case Manager Ryan Jackson via email by 9/21/16Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 15, 2016 Opinion or Order Filing 631 PRETRIAL MEMORANDUM by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
September 15, 2016 Opinion or Order Filing 630 TRIAL BRIEF by The United States of America.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
September 13, 2016 Opinion or Order Filing 629 STIPULATION Regarding United States' Past Response Costs by The United States of America. (Attachments: #1 Appendix Itemized Cost Summary)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
September 9, 2016 Opinion or Order NOTICE of Hearing:Final Pretrial Conference re: PHASE II Bench Trial (Teleconference) scheduled for Friday 9/16/2016 at 9:00 AM before Chief Judge William E. Smith; this office will initiate the call and all participating counsel should provide direct-dial contact numbers to Case Manager Ryan Jackson via email by 9/15/16. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 7, 2016 Opinion or Order Filing 628 NOTICE by The United States of America Notice of Appearance for Joy Sun Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
September 6, 2016 Opinion or Order Filing 627 RESPONSE IN OPPOSITION by Black & Decker, Inc., Emhart Industries, Inc re (626 in 1:06-cv-00218-S-LDA) Notice (Other) to United States' Offer of Proof Regarding Testimony of Fact Witness Louis Maccarone. Replies due by 9/13/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 29, 2016 Opinion or Order Filing 626 NOTICE by The United States of America Proffer of Evidence (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix)(MacLaughlin, Jerome)
August 23, 2016 Opinion or Order TEXT ORDER: United States to produce their proffer regarding their designated RIDEM witness on or before 8/29/16; Emhart will inform the Court by 9/6/16 how it will proceed with the witness; if necessary a follow-up teleconference will be held on 9/9/16. So Ordered by Chief Judge William E. Smith on 8/23/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 23, 2016 Opinion or Order NOTICE of Hearing: Pretrial Conference (Phase II Bench Trial) scheduled for Friday 9/16/2016 at 9:00 at AM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 22, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 8/22/2016; counsel on call: J. Hovermill, J. Beavers, R. Green, R. Brodsky ; J. MacLaughlin, L. Rowley; A. Zucker. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 22, 2016 Opinion or Order CORRECTEDNotice of Hearing: Telephone Conference scheduled for 8/22/2016 at 3:30 PM before Chief Judge William E. Smith; this teleconference concerns PHASE II Trial matters only; all counsel planning to participate should forward direct-dial numbers to Case Manager Ryan Jackson via email before 2 PM on 8/22/16. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 19, 2016 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for Monday 9/22/2016 at 3:30 PM before Chief Judge William E. Smith; this teleconference concerns PHASE II Trial matters only; all counsel planning to participate should forward direct-dial numbers to Case Manager Ryan Jackson via email before 2 PM on 9/22/16. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 9, 2016 Opinion or Order Filing 625 NOTICE of Appearance by Todd D. White on behalf of Eli Lilly and Company (White, Todd)
August 9, 2016 Opinion or Order Filing 624 NOTICE OF Withdrawal as Attorney filed by Eli Lilly and Company. (Spacone, Andrew) Modified on 8/15/2016: filed as a motion; terminated motion, corrected event title (Jackson, Ryan).
August 3, 2016 Opinion or Order Filing 623 TRIAL NOTICE filed. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 3, 2016 Opinion or Order Filing 622 NOTICE of Appearance by Dean J. Wagner on behalf of Union Oil Company of California Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Wagner, Dean)
August 3, 2016 Opinion or Order Filing 621 NOTICE by Union Oil Company of California Withdrawal of Randall Souza Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
August 3, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 8/3/2016; counsel on call: J. Hovermill, J. Beavers; J. Sun; L. Rowley, R. Greene Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 2, 2016 Opinion or Order NOTICE of Hearing: Telephone Conference SCHEDULED for Wednesday 8/3/2016 at 1:30 PM before Chief Judge William E. Smith; this office will initiate the call to all participating counsel. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 20, 2016 Opinion or Order TEXT ORDER Entering (438 in 1:11-cv-00023-S-LDA, 620 in 1:06-cv-00218-S-LDA) Second Supplemental Joint Submission and Stipulation Regarding PHASE II Case Management Order filed by Emhart Industries, Inc, Black & Decker, Inc., U.S. Dept. of the Air Force, et al. So Ordered by Chief Judge William E. Smith on 5/20/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 18, 2016 Opinion or Order Filing 620 STIPULATION and Joint Submission (Second Supplemental) Regarding Phase II Case Management Order by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 11, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 5/11/2016; J. Hovermill, J. Beavers, R. Green; J. MacLaughlin, A. Fiske, C. Carri (all present in chambers); R. Greene, M. Flint, E. Vaudo (present via teleconference) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 11, 2016 Opinion or Order TEXT ORDER denying (609) Motion to Quash; denying as moot (611) Motion for Protective Order in case 1:06-cv-00218-S-LDA; denying (428) Motion to Quash; denying as moot (430) Motion for Protective Order in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 5/11/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 6, 2016 Opinion or Order TEXT ORDER granting (614) Motion to Seal Document in case 1:06-cv-00218-S-LDA; granting (433) Motion to Seal Document in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 5/6/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 6, 2016 Opinion or Order TEXT ORDER granting (615) Motion to Seal Document in case 1:06-cv-00218-S-LDA; granting (434) Motion to Seal Document in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 5/6/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 5, 2016 Opinion or Order NOTICE of Hearing: Telephone Conference re: Discovery scheduled for Wednesday 5/11/2016 at 10:00 AM before Chief Judge William E. Smith; this office will initiate the call and those counsel who plan to attend should provide Case Manager Ryan Jackson with direct-dial phone numbers via email at least 24 hours prior to the conference. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 4, 2016 Opinion or Order Filing 616 REPLY MEMORANDUM re #609 MOTION to Quash Trial Subpoena Based Upon Medical and Health Needs, #610 Memorandum in Support, #611 MOTION for Protective Order for Private Medical Information, #612 MOTION to Seal Document (redacted). (Fiske, Catherine)
May 4, 2016 Opinion or Order Filing 615 MOTION to Seal Document filed by The United States of America. Responses due by 5/23/2016 (Attachments: #1 Reply Brief, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 4, 2016 Opinion or Order Filing 614 MOTION to Seal Document With Supporting Memo. Responses due by 5/23/2016 (Attachments: #1 Supporting Memorandum, #2 Exhibit Response in Opposition, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 3, 2016 Opinion or Order TEXT ORDER granting #612 Motion to Seal Document. So Ordered by Chief Judge William E. Smith on 5/3/2016. (Urizandi, Nisshy)
April 27, 2016 Opinion or Order Filing 612 MOTION to Seal Document filed by The United States of America, Emhart Industries, Inc. Responses due by 5/16/2016 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy) (Additional attachment(s) added on 5/2/2016: #1 Exhibit) (Urizandi, Nisshy).
April 27, 2016 Opinion or Order Filing 611 MOTION for Protective Order for Private Medical Information with supporting memorandum filed by The United States of America. Responses due by 5/16/2016 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Fiske, Catherine)
April 27, 2016 Opinion or Order Filing 610 MEMORANDUM IN SUPPORT by The United States of America in support of (609 in 1:06-cv-00218-S-LDA) MOTION to Quash Trial Subpoena Based Upon Medical and Health Needs . (Attachments: #1 Exhibit Redacted Declaration, #2 Exhibit Depositions, #3 Exhibit Example of Selected Deposition Questions)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Fiske, Catherine)
April 27, 2016 Opinion or Order Filing 609 MOTION to Quash Trial Subpoena Based Upon Medical and Health Needs filed by The United States of America. Responses due by 5/16/2016 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Fiske, Catherine)
April 14, 2016 Opinion or Order TEXT ORDER terminating (605) Motion to Amend/Correct in case 1:06-cv-00218-S-LDA; terminating (424) Motion to Amend/Correct in case 1:11-cv-00023-S-LDA pursuant to (427)/(608) Notice of Withdrawal of Motion. So Ordered by Chief Judge William E. Smith on 4/14/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 31, 2016 Opinion or Order TEXT ORDER terminating (551) Motion to Approve Consent Judgment; finding as moot (553) Motion for Judgment on Partial Findings in case 1:06-cv-00218-S-LDA; terminating (370) Motion to Approve Consent Judgment; finding as moot (372) Motion for Judgment on Partial Findings in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 3/31/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 28, 2016 Opinion or Order Filing 608 NOTICE by Black & Decker, Inc., Emhart Industries, Inc of Withdrawal of Motion for Leave to Amend Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
March 25, 2016 Opinion or Order Filing 607 RESPONSE in Opposition re (605 in 1:06-cv-00218-S-LDA) MOTION to Amend/Correct Answers to Include a Statute of Limitations Defense With Supporting Memo filed by The United States of America. Replies due by 4/4/2016. (Attachments: #1 Exhibit A (Tolling Agreements))Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Rowley, Laura)
March 22, 2016 Opinion or Order Filing 606 NOTICE of Appearance by Catherine A. Fiske on behalf of The United States of America Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Fiske, Catherine)
March 16, 2016 Opinion or Order Filing 605 MOTION to Amend/Correct Answers to Include a Statute of Limitations Defense WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 4/4/2016 (Attachments: #1 Supporting Memorandum, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 2A, #5 Exhibit 2B, #6 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 22, 2016 Opinion or Order TEXT ORDER Entering (423 in 1:11-cv-00023-S-LDA, 604 in 1:06-cv-00218-S-LDA) Amended Stipulation/Joint Submission Regarding Phase II Case Management setting discovery deadlines, establishing dates for trial, and setting deadline for pre- and post-trial memoranda filed by Emhart Industries, Inc., United States. So Ordered by Chief Judge William E. Smith on 2/22/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 18, 2016 Opinion or Order Filing 604 STIPULATION re (595 in 1:06-cv-00218-S-LDA, 414 in 1:11-cv-00023-S-LDA) Stipulation Amended Supplemental Joint Submission and Stipulation Regarding Phase II Case Management Order by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 18, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 2/18/2016; counsel present: J. Hovermill, J. Beavers, R. Green; J. MacLaughlin, L. Rowley Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan) Modified on 2/18/2016 (Jackson, Ryan).
February 16, 2016 Opinion or Order Filing 603 STIPULATION re (470 in 1:06-cv-00218-S-LDA, 295 in 1:11-cv-00023-S-LDA) Order, (595 in 1:06-cv-00218-S-LDA, 414 in 1:11-cv-00023-S-LDA) Stipulation Supplemental Joint Submission and Stipulation Regarding Phace II Case Management Order by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 2, 2016 Opinion or Order Filing 602 ORDER denying without prejudice #415 Motion to Limit Discovery and Scope of Review Under Section 113(j) of CERCLA in case 1:11-cv-00023-S-LDA and denying as moot #416 CROSS-MOTION TO STRIKE OR COMPLETE THE ELEVENTH ADMINISTRATIVERECORD AND COMPLETE THE TENTH ADMINISTRATIVE RECORD. So Ordered by Chief Judge William E. Smith on 2/2/2016. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 1, 2016 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 2/18/2016 at 10:30 AM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 28, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 1/28/2016 re (596 in 1:06-cv-00218-S-LDA) MOTION Limit Discovery and Scope of Review Under Section 113(j) of CERCLA filed by The United States of America. (Bauer, Rowley, Green, Beavers, Hovermill) Arguments heard. Court takes matter under advisement and will issue a written order. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 2:05 p.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
January 13, 2016 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 1/13/2016; counsel present: J. Hovermill, J. Beavers, R. Green; S. Bauer, J. MacLaughlin, J. Levin, E. Vaudo, J. Sun, L. Rowley; D. Graham; D. Vineyard; B. DeVore; J. Ferroli; R. Souza; A. Spacone; J. Kosch; J. Brenner; A. Callum; J. Farside. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 13, 2016 Opinion or Order NOTICE of Hearing on (415 in 1:11-cv-00023-S-LDA, 596 in 1:06-cv-00218-S-LDA) MOTION Limit Discovery and Scope of Review Under Section 113(j) of CERCLA : Motion Hearing scheduled for 1/28/2016 at 2:00 PM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 30, 2015 Opinion or Order Filing 601 NOTICE of Appearance by Joseph A. Farside, Jr on behalf of BNS Company Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farside, Joseph)
December 30, 2015 Opinion or Order Filing 600 NOTICE by The Original Bradford Soap Works, Inc. Withdrawal of Appearance by Richard A. Sherman Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Richard)
December 18, 2015 Opinion or Order Filing 599 REPLY to Response to Motion re (416 in 1:11-cv-00023-S-LDA, 597 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,,,. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
December 8, 2015 Opinion or Order Filing 598 REPLY to Response to Motion re (597 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,,, filed by The United States of America. (Attachments: #1 Exhibit 1 (EPA Letters to Repositories), #2 Certificate of Service)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Rowley, Laura)
November 20, 2015 Opinion or Order Filing 597 RESPONSE in Opposition re (415 in 1:11-cv-00023-S-LDA, 596 in 1:06-cv-00218-S-LDA) MOTION Limit Discovery and Scope of Review Under Section 113(j) of CERCLA and Cross-Motion to Strike or Complete the Eleventh Administrative Record and Complete the Tenth Administrative Record filed by Black & Decker, Inc., Emhart Industries, Inc. Replies due by 11/30/2015. (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 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
November 18, 2015 Opinion or Order TEXT ORDER granting (593) Motion to Appear Pro Hac Vice of Alexander P. Creticos in case 1:06-cv-00218-S-LDA; granting (412) Motion to Appear Pro Hac Vice of Alexander P. Creticos in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 11/18/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 12, 2015 Opinion or Order TEXT ORDER Entering (595 in 1:06-cv-00218-S-LDA) Joint Stipulation Regarding Phase II Case Management Order filed by The United States of America, Emhart Industries, Inc. So Ordered by Chief Judge William E. Smith on 11/12/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 6, 2015 Opinion or Order Filing 596 MOTION Limit Discovery and Scope of Review Under Section 113(j) of CERCLA WITH SUPPORTING MEMO filed by The United States of America. Responses due by 11/23/2015 (Attachments: #1 Supporting Memorandum, #2 Exhibit 1 to Memorandum (Admin. Cleanup Order excerpts), #3 Certificate of Service)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Rowley, Laura)
November 4, 2015 Opinion or Order Filing 595 STIPULATION Joint Stipulation Regarding Phase II Case Management Order by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
November 2, 2015 Opinion or Order Filing 594 NOTICE of Appearance by Laura J. Rowley on behalf of The United States of America Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Rowley, Laura)
October 29, 2015 Opinion or Order TEXT ORDER granting (589) Motion to Appear Pro Hac Vice of Lindsey C. Moorhead; granting (590) Motion to Appear Pro Hac Vice of Daniel E. Vineyard; granting (591) Motion to Appear Pro Hac Vice of Richard T. Hughes in case 1:06-cv-00218-S-LDA; granting (408) Motion to Appear Pro Hac Vice of Lindsey C. Moorhead; granting (409) Motion to Appear Pro Hac Vice of Daniel E. Vineyard; granting (410) Motion to Appear Pro Hac Vice of Richard T. Hughes in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 10/29/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 26, 2015 Opinion or Order Filing 593 MOTION for Alexander P. Creticos to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-904871 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
October 26, 2015 Opinion or Order Filing 592 NOTICE of Appearance by Richard S. Greene, IV on behalf of The United States of America Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Greene, Richard)
October 16, 2015 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 1/12/2016 at 10:00 AM in Chambers (and/or Courtroom 2) before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 16, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 10/16/2015; counsel present: J. Levin, J. MacLaughlin, D. Johnson, S. Bauer, J. Sun, E. Vaudo; J. Beavers, J. Hovermill, R. Green; D. Graham; B. DeVore; A. Callum; J. Brenner; J. Farside, R. Sherman; J. Ferroli, A. Spacone; J. Kosch; D. Vineyard, R. Souza Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 9, 2015 Opinion or Order Filing 591 MOTION for Richard T. Hughes to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-895423 ) filed by Union Oil Company of California. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
October 8, 2015 Opinion or Order Filing 590 MOTION for Daniel E. Vineyard to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-895183 ) filed by Union Oil Company of California. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
October 8, 2015 Opinion or Order Filing 589 MOTION for Lindsey C. Moorehead to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-895174 ) filed by Union Oil Company of California. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
October 8, 2015 Opinion or Order Filing 588 NOTICE of Appearance by Randall L. Souza on behalf of Union Oil Company of California Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Souza, Randall)
October 5, 2015 Opinion or Order Filing 587 NOTICE of Appearance by Alexandra K. Callam on behalf of Duro Textiles LLC Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Callam, Alexandra)
September 21, 2015 Opinion or Order NOTICE of Hearing: Status Conference scheduled for 10/15/2015 at 10:00 AM in Chambers before Chief Judge William E. Smith; counsel of record for all active parties, including third parties, are required to attend. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 17, 2015 Opinion or Order Filing 586 PHASE 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW; and, DENYING AS MOOT (332 in 1:11-cv-00023-S-LDA) Motion for Partial Summary Judgment filed by The United States of America. So Ordered by Chief Judge William E. Smith on 9/17/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 11, 2015 Opinion or Order TEXT ORDER finding as moot (510) Motion for Pre-Trial Ruling on Legal Standard for Liability in case 1:06-cv-00218-S-LDA; finding as moot (331) Motion for Pre-Trial Ruling on Legal Standard for Liability in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/11/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 1, 2015 Opinion or Order Filing 585 TRANSCRIPT ORDER for proceedings held on July 22, 2015 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
August 17, 2015 Opinion or Order Filing 584 TRANSCRIPT of Bench Trial, Volume 21, held on July 22, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 583 TRANSCRIPT of Bench Trial, Volume 20, held on June 25, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 582 TRANSCRIPT of Bench Trial, Volume 19, held on June 24, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 581 TRANSCRIPT of Bench Trial, Volume 18, held on June 23, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 580 TRANSCRIPT of Bench Trial, Volume 17, held on June 17, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 579 TRANSCRIPT of Bench Trial, Volume 16, held on June 15, 2015, before Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 578 TRANSCRIPT of Bench Trial, Volume 15, held on June 11, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 577 TRANSCRIPT of Bench Trial, Volume 14, held on June 10, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 576 TRANSCRIPT of Bench Trial, Volume 13, held on June 9, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 575 TRANSCRIPT of Bench Trial, Volume 12, held on June 8, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 574 TRANSCRIPT of Bench Trial, Volume 11, held on June 5, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 573 TRANSCRIPT of Bench Trial, Volume 10, held on June 4, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 572 TRANSCRIPT of Bench Trial, Volume 9, held on June 3, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 571 TRANSCRIPT of Bench Trial, Volume 8, held on June 2, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 570 TRANSCRIPT of Bench Trial, Volume 7, held on June 1, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 569 TRANSCRIPT of Bench Trial, Volume 6, held on May 28, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 568 TRANSCRIPT of Bench Trial, Volume 5, held on May 22, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 567 TRANSCRIPT of Bench Trial, Volume 4, held on May 21, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 566 TRANSCRIPT of Bench Trial, Volume 3, held on May 20, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 17, 2015 Opinion or Order Filing 565 TRANSCRIPT of Bench Trial, Volume 2, held on May 19, 2015, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne) Modified on 8/17/2015 (Farrell Pletcher, Paula). Modified on 8/17/2015 (Farrell Pletcher, Paula).
August 17, 2015 Opinion or Order Filing 564 TRANSCRIPT of Bench Trial Volume 1 held on May 18, 2015 before Chief Judge William E. Smith. Court Reporter/Transcriber Anne Clayton, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request go to #http://www.rid.uscourts.gov/ridPath.asp?id=/menu/caseinformation/transcrpts/transcrpts.html . Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farrell Pletcher, Paula)
July 29, 2015 Opinion or Order Filing 563 TRANSCRIPT ORDER for proceedings held on 07/22/2015 before Judge William Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 28, 2015 Opinion or Order Filing 562 Exhibit/Witness List of Bench Trial held 5/18/2015 - 6/25/2015.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
July 28, 2015 Opinion or Order Filing 561 TRANSCRIPT ORDER Closing Arguments for proceedings held on 7/22/2015 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
July 22, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial completed on 7/22/2015. (Beavers, Brodsky, Green, Hovermill, Bauer, Bryan, Johnson, Levin, MacLaughlin) Court addresses. Arguments heard on the Govt's Motion for Judgment on Partial Findings (ECF 372). Govt and Emhart give their closing arguments. Govt gives brief rebuttal. Court takes all matters under advisement and will issue a written ruling at a later time. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:20 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
July 17, 2015 Opinion or Order Filing 560 Proposed Findings of Fact by The United States of America. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
July 17, 2015 Opinion or Order Filing 559 POST TRIAL BRIEF by Emhart Industries, Inc. (Attachments: #1 Appendix Court Questions)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 8, 2015 Opinion or Order NOTICE of Hearing: Bench Trial - Closing Arguments set for Wednesday, 7/22/2015 at 10:00 AM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
July 2, 2015 Opinion or Order Filing 558 REPLY to Response to Motion re (555 in 1:06-cv-00218-S-LDA, 374 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, for Judgment on Partial Findings filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
June 30, 2015 Opinion or Order Filing 557 QUESTIONS FOR THE PARTIES TO ADDRESS IN THEIR POST-TRIAL MEMORANDA AND ARGUMENTS entered by Judge William E. Smith on 6/30/15 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan) Modified on 6/30/2015 (Jackson, Ryan).
June 25, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 6/25/2015. Present for Emhart: Hovermill, Beavers; Present for US: Bauer, Levin, Johnson, MacLaughlin. Parties are to submit their post-trial briefs on or before 7/14/15 by close of business day (Courtroom Chambers at 5:00 p.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 25, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/25/2015. (Beavers, Hovermill, Bauer, Bryan, Carman, Johnson, Levin, MacLaughlin) Court addresses. Govt continues its rebuttal case presentation. One witness sworn and questioned; Four exhibits entered and admitted as full; One exhibit that was previously admitted as full is replaced (US523). Post-trial chambers conference to be held today at 5:00 p.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 24, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/24/2015. (Beavers, Hovermill, Bauer, Bryan, Johnson, Levin, MacLaughlin) Court addresses. Govt continues with its presentation of the rebuttal evidence. One witness sworn and questioned; Six exhibits entered and admitted as full. Bench trial to continue on 6/25/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:10 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 23, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/23/2015. (Bauer, Bryan, Johnson, Levin, Beavers, Hovermill) Court addresses. Govt continues with its presentation of the rebuttal evidence. One witness sworn and questioned; One exhibit entered and admitted as full. Bench trial to continue tomorrow, 6/24/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 23, 2015 Opinion or Order Filing 556 CONSENT DECREE. So Ordered by Chief Judge William E. Smith on 6/23/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 22, 2015 Opinion or Order Filing 555 RESPONSE in Opposition re (372 in 1:11-cv-00023-S-LDA, 553 in 1:06-cv-00218-S-LDA) MOTION for Judgment on Partial Findings filed by Emhart Industries, Inc. Replies due by 6/29/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 18, 2015 Opinion or Order TEXTR ORDER Entering (554 in 1:06-cv-00218-S-LDA, 373 in 1:11-cv-00023-S-LDA) Stipulation regarding Emhart and Black & Decker's Motion to Strike an Expert Opinion of Ray Forrester filed by The United States of America, Emhart Industries, Inc., and Black & Decker, Inc. So Ordered by Chief Judge William E. Smith on 6/18/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 17, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/17/2015. (Beavers, Brodsky, Green, Hovermill, Bauer, Johnson, Levin) Court addresses. Govt renews it's motion for partial judgment on the findings. Emhart responds. Court will rule on the motion at a later time. Two witnesses sworn and questioned. Two exhibits entered and admitted as full. Emhart rests. Govt begins its rebuttal case. Trial to continue on Tuesday, 6/23/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:15 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 16, 2015 Opinion or Order Filing 554 STIPULATION Regarding Opinion of Ray Forrester by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
June 15, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/15/2015. (Beavers, Brodsky, Green, Hovermill, Bauer, Dupre, Johnson, Levin) Court addresses. Govt begins it's rebuttal case. Two witnesses sworn and questioned. Two exhibits entered and admitted as full. Court will continue on Wednesday, 6/17/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:10 a.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 12, 2015 Opinion or Order Filing 553 MOTION for Judgment on Partial Findings filed by The United States of America. Responses due by 6/29/2015 (Attachments: #1 Proposed Findings of Fact)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
June 11, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/11/2015. (Beavers, Green, Hovermill, Bauer, Carman, Levin, Johnson) Court addresses. Emhart continues with its presentation of the evidence. One witness sworn and questioned; Six exhibits entered and admitted as full. Trial to continue on 6/15/15 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 10, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/10/2015. (Beavers, Green, Hovermill, Bauer, Levin, Johnson, MacLaughlin) Court addresses. Emhart continues with its presentation of the evidence. Two witnesses sworn and questioned; Two exhibits entered and admitted as full. Govt objects to one of the witnesses being classified as an expert. The court notes objection and will hear the parties on that issue at a later time. Trial to continue on 6/11/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 9, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/9/2015. (Beavers, Green, Hovermill, Bauer, Bryan, Johnson) Court addresses. Court continues with the direct testimony of witness no. 16 (Kittrell). One exhibit admitted as full (previously entered for ID only). Dr. Risen questions the witness; Court questions the witness; Govt follows up. Testimony of witness no. 16 is complete. Trial to continue on 6/10/2015 at 9:00 a.m. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom Courtrrom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 8, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/8/2015. (Beavers, Green, Hovermill, Bauer, Bryan, Johnson) Court addresses. Emhart continues their presentation of evidence. Two witnesses sworn and questioned; Four exhibits entered and admitted as ID only; One exhibit entered and admitted as full. Trial to continue tomorrow, 6/9/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 5, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/5/2015. (Beavers, Green, Hovermill, Bauer, Bryan, Glaser, Johnson, MacLaughlin) Court addresses. Emhart continues with its direct examination of witness no. 14 (Sandau). Two exhibits admitted as ID only. Trial to continue on 6/8/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 9:10 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 4, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/4/2015. (Beavers, Green, Hovermill, Bauer, Bryan, Glaser, Johnson, MacLaughlin) Court addresses. Emhart continues its presentation of the evidence. Three witnesses sworn and questioned; Eleven exhibits entered and admitted as full. Court will continue with the direct examination of witness no. 14 (Sandau) tomorrow, 6/5/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:10 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 3, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial - Day Nine held on 6/3/2015. (Beavers, Green, Hovermill, Bauer, Bryan, Carman, Johnson, Levin, MacLaughlin) Court addresses and continues with the examination of witness no. 11's testimony. Two exhibits entered and admitted as full. Dr. Risen and the court each question the witness. There are no follow up questions by either side. Trial to continue on 6/4/2015 at 9:00 a.m. Recess (Court Reporters Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:10 a.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 2, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/2/2015; J. Hovermill, J. Beavers, R. Green; S. Bauer, J. Levin, J. MacLoughlin, D. Glaser, D. Johnson, S. Carmen; continued one witness from previous day of trial; one exhibit entered for identification on 6/1/15 is admitted as full evidence; Recess (Court Reporters Anne Clayton, Karen Wischnowsky in Courtroom 2 at 9:05 AM.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 1, 2015 Opinion or Order Oral MOTION for Judgment as a Matter of Law filed by Emhart Industries, Inc, Emhart Industries, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 1, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 6/1/2015; counsel present: J. Hovermill, J. Beavers, R. Green; S. Bauer, J. Levin, J. MacLoughlin, D. Glaser, D. Johnson, S. Carmen; Court addresses re: pending motions; US (MacLoughlin) responds; parties to submit a stipulation re: lines to be stricken from testimony of previous witness; US rests; Emhart (Hovermill) moves for judgment; US objects; Court DENIES Oral Motion; Two witnesses sworn and questioned; 26 exhibits entered for identification; 24 exhibits admitted as full evidence. Trial to continue on Tuesday, 6/2/2015 at 9:00 a.m. Recess. (Court Reporters Anne Clayton, Karen Wischnowsky in Courtroom 2 at 9:10 AM.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 1, 2015 Opinion or Order ORAL ORDER denying [] Motion for Judgment as a Matter of Law in case 1:06-cv-00218-S-LDA; denying [] Motion for Judgment as a Matter of Law in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 6/1/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 28, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 5/28/2015.(Beavers, Green, Hovermill, Brodsky, Bauer, Levin) Court addresses. One witness sworn and questioned; ten exhibits entered and admitted as full; one admitted as ID only. Trial to continue on Monday, 6/1/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:35 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 26, 2015 Opinion or Order Filing 551 MOTION to Approve Consent Judgment WITH SUPPORTING MEMO filed by The United States of America. Responses due by 6/12/2015 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Engel, Bethany)
May 22, 2015 Opinion or Order Filing 552 TRANSCRIPT ORDER for Daily Copy of Bench Trial starting on 5/18/2015 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 22, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 5/22/2015. (Green, Beavers, Hovermill, MacLaughlin, Bryan, Bauer, Levin) Court addresses and continues with the testimony of Dr. Medine. Four exhibits entered and admitted as full. Dr. Risen and the Court question the witness. Emhart reserves questioning this witness at a later time re the answers to the questions asked by Dr. Risen and the Court. Emhart withdraw its objection re: one of the opinions given by Mr. Forrester (length of time MA continued operations). The other objection is still pending. Parties to let the court know where they stand on this issue next week. Trial to continue on Thursday, 5/28/2015 at 9:30 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 21, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 5/21/2015. (Green, Beavers, Hovermill, MacLaughlin, Bryan, Bauer, Levin) Court addresses. Court addresses and continues with the testimony of Mr. Forrester. Six exhibits entered and admitted as full; One additional witness sworn and questioned. Court to continue trial on 5/22/2015 at 9:00 a.m. Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:00 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 20, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 5/20/2015; counsel present: J. Hovermill, J. Beavers, R. Green; S. Bauer, J. Levin, J. MacLaughlin, J. Sun Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 20, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 5/20/2015. (Green, Beavers, Hovermill, Bauer, MacLaughlin, Bryan, Johnson, Levin) Court addresses and proceeds with the testimony of Mr. Forrester. Govt also notes for the record that it has filed electronically a stipulation which lists all the exhibits being stipulated to by both parties. The following exhibits are entered and admitted as FULL: US001-US0048, US0050-US0078, US0080-US0091, US0094-US0096, US0098-US0247, US0251-US0258, US0260-US0469, US0472-US0493, Emhart001-Emhart052, Emhart059, Emhart078-224, Emhart226, Emhart227, Emhart234, Emhart235, Emhart249-Emhart279, Emhart281-Emhart283, Emhart285, and Emhart287-Emhart315. In addition two other exhibits are entered and admitted as full. One additional witness is also sworn and questioned. Attorneys to meet in chambers at the conclusion of today's trial day. Trial will continue on 5/21/2015 at 9:00 a.m. Recess. (Court Reporters Anne Clayton & Karen Wishnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 19, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 5/19/2015. (Green, Beavers, Hovermill, Bauer, MacLaughlin, Levin, Johnson, Carman, Glaser, Bryan) Court addresses. Govt proceeds with its presentation of the evidence. Three witnesses sworn and questioned. A total of forty-eight exhibits entered; forty-two admitted as full; six exhibits are admitted as ID only. The court will continue with the testimony of Mr. Forrester tomorrow morning (5/20/2015). Recess. (Court Reporter Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:30 a.m..) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 19, 2015 Opinion or Order Filing 550 STIPULATION of Authentic and Admissible Exhibits by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
May 18, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Bench Trial held on 5/18/2015. (Green, Beavers, Hovermill, Brodsky, Levin, Dupre, Bauer, MacLaughlin, Bryan, Carman, Glaser, Johnson) Court addresses. Each side gives an opening statement. The govt begins it's presentation of the evidence in their affirmative case. Three witnesses are sworn and questioned. Thirty-eight exhibits entered and admitted as full. Trial to continue on Tuesday, 5/19/2015 at 9:00 a.m. Recess. (Court Reporters: Anne Clayton & Karen Wischnowsky in Courtroom 2 at 9:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 13, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 5/13/2015; counsel present: J. Hovermill, J. Beavers, R. Brodsky, R. Green; S. Bauer, J. MacLaughlin, E. Vaudo; present via teleconference: W. Risen; J. Levin, D. Johnson, P. Dupre Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 13, 2015 Opinion or Order TEXT ORDER granting (540) Motion to Dismiss in case 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 5/13/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 11, 2015 Opinion or Order Filing 549 ORDER Entering (362 in 1:11-cv-00023-S-LDA, 545 in 1:06-cv-00218-S-LDA) Stipulation of Dismissal, filed by Emhart Industries, Inc, Black & Decker, Inc., New England Container Co., Inc., Providence Washington Ins. Co., and Travelers Casualty and Surety Company. So Ordered by Chief Judge William E. Smith on 5/11/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 4, 2015 Opinion or Order Filing 548 AMENDED DOCUMENT by Black & Decker, Inc., Emhart Industries, Inc. Amendment to (543 in 1:06-cv-00218-S-LDA, 360 in 1:11-cv-00023-S-LDA) Pretrial Memorandum . (Attachments: #1 Appendix A, #2 Appendix B)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 4, 2015 Opinion or Order Filing 547 RESPONSE to Motion re (546 in 1:06-cv-00218-S-LDA, 363 in 1:11-cv-00023-S-LDA) MOTION to Strike Factual Assertions Based on the Cleary Statement from Black & Decker's Pre-Trial Memorandum filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Exhibit A)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 4, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 5/4/2015; counsel present on call: J. Hovermill, J. Beavers, R. Brodsky, R. Green; S. Bauer, J. MacLaughlin, J. Levin Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 4, 2015 Opinion or Order TEXT ORDER denying as moot #363 Motion to Strike: In light of the filing of #365 Amended Pretrial Memorandum by Emhart, the motion is moot and therefore denied. So Ordered by Chief Judge William E. Smith on 5/4/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 1, 2015 Opinion or Order Filing 546 MOTION to Strike Factual Assertions Based on the Cleary Statement from Black & Decker's Pre-Trial Memorandum filed by The United States of America. Responses due by 5/18/2015 (Attachments: #1 Exhibit Exhibit A Mem and Order Excluding Cleary Statement, #2 Text of Proposed Order Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
May 1, 2015 Opinion or Order Filing 545 STIPULATION of Dismissal of New England Container Co., Inc., Providence Washington Insurance Company and Travelers Casualty and Surety Company by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 1, 2015 Opinion or Order TEXT ORDER Entering (361 in 1:11-cv-00023-S-LDA, 544 in 1:06-cv-00218-S-LDA) Stipulation of Withdrawal of Demand ofr Jury Trial filed by Emhart Industries, Inc, Black & Decker, Inc., United States. So Ordered by Chief Judge William E. Smith on 5/1/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 29, 2015 Opinion or Order Filing 544 STIPULATION of Withdrawal of Demand for Jury Trial by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
April 28, 2015 Opinion or Order Filing 543 PRETRIAL MEMORANDUM by Emhart Industries, Inc. (Attachments: #1 Appendix A, #2 Appendix B)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
April 28, 2015 Opinion or Order Filing 542 TRIAL BRIEF by The United States of America.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
April 21, 2015 Opinion or Order TEXT ORDER Entering (541 in 1:06-cv-00218-S-LDA) Notice of Voluntary Dismissal filed by New England Container Company, Inc. dismissing Third Party Complaint against Univar USA, Inc., Eastern Color and Chemical Company, and Woburn Streel Drum, Inc. So Ordered by Chief Judge William E. Smith on 4/21/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 16, 2015 Opinion or Order Filing 541 NOTICE of Voluntary Dismissal by New England Container Company, Inc (Boyajian, Steven)
April 16, 2015 Opinion or Order Filing 540 MOTION to Dismiss filed by New England Container Company, Inc. Responses due by 5/4/2015 (Boyajian, Steven)
April 14, 2015 Opinion or Order Filing 539 AMENDED COMPLAINT (Second Amended Complaint) against Black & Decker, Inc., filed by The United States of America.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
April 14, 2015 Opinion or Order Filing 538 AMENDED COMPLAINT (Second Amended Complaint) against Emhart Industries, Inc., filed by The United States of America.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
April 13, 2015 Opinion or Order Filing 537 NOTICE of Appearance by Phillip R. Dupre on behalf of Michael B. Donley, Ray Mabus, Leon E. Panetta, The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, Robert M. Gates, Leon E. Panetta Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Dupre, Phillip)
April 13, 2015 Opinion or Order Filing 536 NOTICE of Appearance by Marla J. Gillman on behalf of Michael B. Donley, Ray Mabus, Leon E. Panetta, The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, Robert M. Gates, Leon E. Panetta Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Gillman, Marla)
April 13, 2015 Opinion or Order Reset Hearings re: Notice of In Chambers Conference RE-SCHEDULED for 5/13/2015 at 10:00 AM in Chambers before Chief Judge William E. Smith; a teleconference line will also be available for counsel who cannot appear in person. The call-in information will be sent to all trial counsel via email prior to the hearing date. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 12, 2015 Opinion or Order Filing 535 NOTICE by The United States of America Regarding Withdrawal of Laurel A. Bedig as Counsel of Record Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Levin, Joshua)
April 10, 2015 Opinion or Order Filing 534 NOTICE by The United States of America of Lodging of Consent Decree (Attachments: #1 Consent Decree, #2 Consent Decree Appendix A, #3 Consent Decree Appendix B, #4 Consent Decree Appendix C)(Engel, Bethany)
April 10, 2015 Opinion or Order Filing 533 TRIAL NOTICE filed; DATE CERTAIN for Trial Start: Monday 5/18/15 at 9 AM in Courtroom 2 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 6, 2015 Opinion or Order TEXT ORDER: Pretrial Memoranda are due on or before 4/27/15; Parties are to submit deposition designations to the Court on or before 5/4/15; Trial will commence on Monday 5/18/15 at 9 AM. So Ordered by Chief Judge William E. Smith on 4/6/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 6, 2015 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 5/15/2015 at 9:00 AM in Chambers before Chief Judge William E. Smith; a teleconference line will also be available for counsel who cannot appear in person. The call-in information will be sent to all counsel via email prior to the hearing date. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 6, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Final Pretrial Conference held on 4/6/2015; counsel present: J. Hovermill, J. Beavers, R. Greene, R. Brodsky; S. Bauer, J. Levin, J. MacLaughlin, J. Sun, D. Johnson; J. Peloso; attended via teleconference: M. Baroni, D. Graham, J. Feroli; Todd Billmore Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 2, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 4/2/2015; counsel present on call: J. Hovermill, J. Beavers, R. Green, R. Brodsky; S. Bauer, B. Engel, D. Johnson; J. Peloso, M. Baroni; L. Kozloff; R. Kole Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 30, 2015 Opinion or Order Filing 532 ORDER re: (511 in 1:06-cv-00218-S-LDA) MOTION for Partial Summary Judgment filed by The United States of America, (332 in 1:11-cv-00023-S-LDA) MOTION for Partial Summary Judgment filed by The United States of America: The Court reserves judgment on the Government's Motion until after the evidence is presented at trial. So Ordered by Chief Judge William E. Smith on 3/30/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 30, 2015 Opinion or Order Filing 531 ORDER granting (520) Motion to Amend Answer and Counterclaim in case 1:06-cv-00218-S-LDA; granting (339) Motion to Amend Answer and Counterclaim in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 3/30/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 30, 2015 Opinion or Order TEXT ORDER denying without prejudice (257) Motion for Leave to File; denying without prejudice (265) Motion for Protective Order; denying without prejudice (266) Motion for in camera review ; denying without prejudice (268) Motion for Scheduling Conference; denying without prejudice (276) Motion to Stay; denying without prejudice (278) Motion for Extension of Time to Complete Discovery; denying without prejudice (281) Motion for Protective Order; denying without prejudice (285) Motion to Defe Ruling on US's Motion in limine to Exclude Written Statement of Thomas Cleary in case 1:11-cv-00023-S-LDA and in case 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 3/30/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 27, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Telephone Conference held on 3/27/2015; counsel present on call: J. Hovermill, J. Beavers, R. Green, J. Karp, R. Brodsky; S. Bauer, B. Engel; J. Peloso, M. Baroni, L. Kozloff, R. Kole Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 27, 2015 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 4/2/2015 at 2:30 PM before Chief Judge William E. Smith; call-in instructions will be distributed to those counsel required to attend via email. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 25, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 3/25/2015 re (511 in 1:06-cv-00218-S-LDA) MOTION for Partial Summary Judgment filed by The United States of America, (520 in 1:06-cv-00218-S-LDA) MOTION to Amend/Correct (64 in 1:11-cv-00023-S-LDA) Third Party Complaint filed by The United States of America.(Beavers, Hovermill, Bauer, Johnson, McLoughlin) Court addresses. A portion of this hearing is held off record. Arguments heard. Court questions. Each side responds. Court takes matter under advisement and will issue a written ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 2:05 p.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
March 25, 2015 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 3/26/2015 at 2:00 PM before Chief Judge William E. Smith; call-in instructions to follow via email; if you do not receive the instructions, please contact the clerk via email. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
March 9, 2015 Opinion or Order Filing 530 REPLY to Response to Motion re (528 in 1:06-cv-00218-S-LDA, 347 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
March 6, 2015 Opinion or Order Filing 529 REPLY to Response to Motion re (340 in 1:11-cv-00023-S-LDA, 521 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Motion for Partial Summary Judgment on Tactical Herbicides filed by The United States of America. (Attachments: #1 Supplement Responding to Statement of Additional Facts, #2 Affidavit of Wm. Darrel Johnson, #3 Exhibit 1 through 3, #4 Exhibit 4 through 7, #5 Exhibit 8 through 11, #6 Exhibit 12)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
February 25, 2015 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 2/25/2015; counsel present: J. Hovermill, J. Beavers, S. Nelson; S. Bauer, J. Levin, J. MacLaughlin, W. Johnson, J. Sun; M. Baroni, J. Ray; A. Spacone; present on teleconference: G. Cleary; J. Brenner; B. DeVore; D. Graham; J. Kosch; R. Kole; R. Sherman Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 25, 2015 Opinion or Order NOTICE of Hearing on (332 in 1:11-cv-00023-S-LDA, 511 in 1:06-cv-00218-S-LDA) MOTION for Partial Summary Judgment and (339 in 1:11-cv-00023-S-LDA, 520 in 1:06-cv-00218-S-LDA) MOTION to Amend Amended Answer and Counterclaims : Motion Hearing scheduled for 3/25/2015 at 2:00 PM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 25, 2015 Opinion or Order NOTICE of Hearing: Final Pretrial Conference scheduled for 4/6/2015 at 10:00 AM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 25, 2015 Opinion or Order Reset Deadlines: Pretrial Memorandum due by 4/20/2015; Trial Start scheduled for 5/4/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
February 20, 2015 Opinion or Order Filing 528 RESPONSE in Opposition re (520 in 1:06-cv-00218-S-LDA, 339 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (64 in 1:11-cv-00023-S-LDA) Third Party Complaint filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Exhibit A)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 527 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (523 in 1:06-cv-00218-S-LDA, 342 in 1:11-cv-00023-S-LDA) Declaration, Exhibits 34 through 44. (Attachments: #1 Exhibit 35, #2 Exhibit 36, #3 Exhibit 37, #4 Exhibit 38, #5 Exhibit 39, #6 Exhibit 40, #7 Exhibit 41, #8 Exhibit 42, #9 Exhibit 43, #10 Exhibit 44)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 526 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (523 in 1:06-cv-00218-S-LDA, 342 in 1:11-cv-00023-S-LDA) Declaration, Exhibit 26 through 33. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Exhibit 32, #7 Exhibit 33)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 525 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (523 in 1:06-cv-00218-S-LDA, 342 in 1:11-cv-00023-S-LDA) Declaration, Exhibits 14 through 25. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22, #9 Exhibit 23, #10 Exhibit 24, #11 Exhibit 25)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 524 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (342 in 1:11-cv-00023-S-LDA, 523 in 1:06-cv-00218-S-LDA) Declaration, Exhibits 11 through 13. (Attachments: #1 Exhibit 12, #2 Exhibit 13)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 523 DECLARATION re (340 in 1:11-cv-00023-S-LDA, 521 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, for Partial Summary Judgment on Tactical Herbicides by Black & Decker, Inc., Emhart Industries, Inc. (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)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 522 STATEMENT OF UNDISPUTED FACTS by Black & Decker, Inc., Emhart Industries, Inc re (340 in 1:11-cv-00023-S-LDA, 521 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
February 20, 2015 Opinion or Order Filing 521 RESPONSE in Opposition re (511 in 1:06-cv-00218-S-LDA) MOTION for Partial Summary Judgment on Tacticle Herbicides WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
January 28, 2015 Opinion or Order Filing 520 MOTION to Amend/Correct (64 in 1:11-cv-00023-S-LDA) Third Party Complaint With Supporting Memo filed by The United States of America. Responses due by 2/17/2015 (Attachments: #1 Supporting Memorandum Memorandum in Support of Motion to Amend Answer and Complaint, #2 Text of Proposed Order Proposed Order Amending Answer and Complaint)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
January 22, 2015 Opinion or Order Filing 519 NOTICE by Sequa Corporation Notice of Withdrawal of Appearance (Hutchison, Warren)
January 15, 2015 Opinion or Order TEXT ORDER granting (516) Motion to Appear Pro Hac Vice of Richard M. Brodsky in case 1:06-cv-00218-S-LDA; granting (337) Motion to Appear Pro Hac Vice of Richard M. Brodsky in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 1/15/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 15, 2015 Opinion or Order TEXT ORDER granting (515) Motion to Withdraw as Attorney. Attorney Phillip Rakhunov terminated in case 1:06-cv-00218-S-LDA; granting (336) Motion to Withdraw as Attorney. Attorney Phillip Rakhunov terminated in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 1/15/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 14, 2015 Opinion or Order Filing 518 NOTICE of Appearance by Jeffrey M. Thomen on behalf of Sequa Corporation Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Thomen, Jeffrey)
January 14, 2015 Opinion or Order Filing 517 NOTICE of Appearance by Jeffrey M. Thomen on behalf of Sequa Corporation (Thomen, Jeffrey)
January 13, 2015 Opinion or Order Filing 516 MOTION for Richard M. Brodsky, Esq. to Appear Pro Hac Vice on Behalf of Emhart Industries and Black & Decker ( filing fee paid $ 50.00, receipt number 0103-812325 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
January 8, 2015 Opinion or Order Filing 515 MOTION to Withdraw as Attorney (Rakhunov, Phillip) filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 1/26/2015 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
January 5, 2015 Opinion or Order Filing 514 ADDENDUM TO EIGHTH REVISED CASE MANAGEMENT ORDER. So Ordered by Chief Judge William E. Smith on 1/5/15. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 18, 2014 Opinion or Order Filing 513 EXHIBIT IN SUPPORT by The United States of America in support of (511 in 1:06-cv-00218-S-LDA) MOTION for Partial Summary Judgment , (333 in 1:11-cv-00023-S-LDA) Statement of Undisputed Facts, (332 in 1:11-cv-00023-S-LDA) MOTION for Partial Summary Judgment , (512 in 1:06-cv-00218-S-LDA) Statement of Undisputed Facts,. (Attachments: #1 Exhibit 31-33)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
December 18, 2014 Opinion or Order Filing 512 STATEMENT OF UNDISPUTED FACTS by The United States of America re #511 MOTION for Partial Summary Judgment . (Attachments: #1 Declaration of D. Johnson, #2 Exhibit 1-2, #3 Exhibit 3 - Part 1, #4 Exhibit 3 - Part 2, #5 Exhibit 4-14, #6 Exhibit 15, #7 Exhibit 16-22, #8 Exhibit 23-28)(Urizandi, Nisshy)
December 18, 2014 Opinion or Order Filing 511 MOTION for Partial Summary Judgment With Supporting Memo filed by The United States of America. Responses due by 1/5/2015 (Attachments: #1 Supporting Memorandum)(Urizandi, Nisshy)
December 15, 2014 Opinion or Order Filing 510 MOTION Pre-Trial Ruling on Legal Standard for Liability WITH SUPPORTING MEMO filed by The United States of America. Responses due by 1/2/2015 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Glaser, Danica)
December 8, 2014 Opinion or Order Filing 509 TRANSCRIPT ORDER for proceedings held on 10/09/2014 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Boyajian, Steven)
December 2, 2014 Opinion or Order Filing 508 NOTICE of Appearance by Myles E. Flint on behalf of The United States of America (Attachments: #1 Certificate of Service)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Flint, Myles)
December 2, 2014 Opinion or Order Filing 507 TRANSCRIPT ORDER of Hearing on Motions in Limine Re: Thomas Cleary for proceedings held on 10/09/2014 before Judge William Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
November 25, 2014 Opinion or Order Filing 506 TRANSCRIPT of Hearing on Motions in Limine Re: Thomas Cleary held on October 9, 2014, before Chief Judge William E. Smith. Court Reporter Karen Wischnowsky, Telephone number 401-529-7406. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 12/16/2014. Redacted Transcript Deadline set for 12/26/2014. Release of Transcript Restriction set for 2/23/2015. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Wischnowsky, Karen)
November 25, 2014 Opinion or Order Filing 505 TRANSCRIPT of Hearing on Motions in Limine Re: Thomas Cleary held on October 9, 2014, before Chief Judge William E. Smith. Court Reporter Karen Wischnowsky, Telephone number 401-529-7406. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 12/16/2014. Redacted Transcript Deadline set for 12/26/2014. Release of Transcript Restriction set for 2/23/2015. (Wischnowsky, Karen)
November 19, 2014 Opinion or Order Filing 504 TRANSCRIPT ORDER for proceedings held on 10/09/2014 before Judge William Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
November 12, 2014 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 11/12/2014; counsel present: J. Ray, J. Peloso; J. Hovermill, P. Rakhunov, R. Green; S. Bauer, E. Vaudo, S. Carman, D. Johnson; J. Brenner; present via teleconference: J. Ferroli; M. Baroni; J. Levin; D. Graham; and, Dr. W. Risen Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 12, 2014 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 2/24/2015 at 2:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 7, 2014 Opinion or Order Filing 503 MEMORANDUM AND ORDER granting (452) Motion in Limine of the United States to Exclude Written Statement of Thomas Cleary; granting (459) Motion in Limine to Exclude Written Statement of Thomas Cleary in case 1:06-cv-00218-S-LDA; granting #277 Motion in Limine of the United States to Exclude Written Statement of Thomas Cleary; granting #284 Motion in Limine to Exclude Written Statement of Thomas Cleary in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 11/7/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 6, 2014 Opinion or Order Filing 502 MOTION for Van P. Hilderbrand, Jr. to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-795345 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
November 6, 2014 Opinion or Order TEXT ORDER granting (502) Motion to Appear Pro Hac Vice of Van P. Hilderbrand, Jr in case 1:06-cv-00218-S-LDA; granting (324) Motion to Appear Pro Hac Vice of Van P. Hilderbrand, Jr in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 11/6/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 23, 2014 Opinion or Order TEXT ORDER granting #501 Motion to Substitute Attorney. Attorney Jennifer R. Cervenka terminated. So Ordered by Chief Judge William E. Smith on 10/23/14. (Jackson, Ryan)
October 16, 2014 Opinion or Order Filing 501 MOTION to Substitute Attorney Motion to Permit Substitution of Local Counsel filed by New England Container Company, Inc. Responses due by 11/3/2014 (Boyajian, Steven)
October 10, 2014 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 11/12/2014 at 2:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 9, 2014 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 10/9/2014 re (284 in 1:11-cv-00023-S-LDA, 459 in 1:06-cv-00218-S-LDA) MOTION in Limine TO EXCLUDE WRITTEN STATEMENT OF THOMAS CLEARY filed by New England Container Company, Inc, (452 in 1:06-cv-00218-S-LDA, 277 in 1:11-cv-00023-S-LDA) MOTION in Limine of the United States to Exclude Written Statement of Thomas Cleary filed by The United States of America. (Carman, Baroni, Rakhunov) Court addresses; Arguments heard; Court questions; Parties respond; Court takes matter under advisement and will issue a ruling at a later date. Recess. In Chamber conference with all counsel immediately followed hearing. (Court Reporter Karen Wischnowsky in Courtroom 2 at 2:15 p.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy) Modified on 10/10/2014: additional information added (Jackson, Ryan).
October 7, 2014 Opinion or Order TEXT ORDER finding as moot (476) Motion to Compel; finding as moot (483) Motion to Strike, in case 1:06-cv-00218-S-LDA; finding as moot (301) Motion to Compel; finding as moot (306) Motion to Strike, in case 1:11-cv-00023-S-LDA pursuant to (323 in 1:11-cv-00023-S-LDA) Order Entering Stipulation (321 in 1:11-cv-00023-S-LDA) on 9/29/14. So Ordered by Chief Judge William E. Smith on 10/07/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 29, 2014 Opinion or Order Filing 500 ORDER Entering (321 in 1:11-cv-00023-S-LDA) Stipulation filed by The United States of America, Emhart Industries, Inc., Black & Decker, Inc., and New England Container Company, Inc. So Ordered by Chief Judge William E. Smith on 9/26/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 29, 2014 Opinion or Order Filing 499 ORDER denying (316) Motion for Protective Order; finding as moot (389) Motion to Strike the US's Unauthorized Response to Emhart's List of Topics on Which it Seeks to Depose Eve Vaudo in case 1:06-cv-00218-S-LDA; denying (149) Motion for Protective Order; finding as moot (219) Motion the US's Unauthorized Response to Emhart's List of Topics on Which it Seeks to Depose Eve Vaudo in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/29/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 26, 2014 Opinion or Order TEXT ORDER finding as moot (386) Motion to Lift Stay and Modify Case Management Order in case 1:06-cv-00218-S-LDA; finding as moot (216) Motion to Lift Stay and Modify Case Management Order in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/25/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 25, 2014 Opinion or Order Filing 498 STIPULATION by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
September 11, 2014 Opinion or Order TEXT ORDER granting (494) Motion to Appear Pro Hac Vice of Joseph L. Beavers ; granting (495) Motion to Appear Pro Hac Vice of Joseph W. Hovermill in case 1:06-cv-00218-S-LDA; granting (317) Motion to Appear Pro Hac Vice of Joseph L. Beavers ; granting (318) Motion to Appear Pro Hac Vice of Joseph W. Hovermill in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/11/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 11, 2014 Opinion or Order TEXT ORDER Setting Amended Deadlines re (295 in 1:11-cv-00023-S-LDA) EIGHTH REVISED CASE MANAGEMENT ORDER: All Expert Discovery will be completed by 1/30/15; Trial to be held in Spring 2015 (April/May/June). So Ordered by Chief Judge William E. Smith on 9/11/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 11, 2014 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 9/11/2014; counsel present: J. Hovermill, J. Muys, P. Rakhunov, R. Green; Joshua Levin, E. Vaudo, S. Bauer; J. Ray, M. Baroni, J. Cervenka; A. Spacone; D. Graham and B. DeVore via teleconference; also present via teleconference: Dr. W. Risen Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 9, 2014 Opinion or Order TEXT ORDER granting (492) Motion to Seal Document in case 1:06-cv-00218-S-LDA; granting (315) Motion to Seal Document in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/9/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 9, 2014 Opinion or Order Filing 496 NOTICE by BASF Corporation of Withdrawal of R. Howard Grubbs as Counsel for BASF Corporation Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Muri, Anthony)
September 9, 2014 Opinion or Order Filing 495 MOTION for Joseph W. Hovermill, Esq. to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-780023 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
September 9, 2014 Opinion or Order Filing 494 MOTION for Joseph L. Beavers, Esq. to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-780021 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
September 5, 2014 Opinion or Order NOTICE of Hearing: Status Conference scheduled for 9/10/2014 at 2:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 4, 2014 Opinion or Order Filing 492 MOTION to Seal Document filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 3, 2014 Opinion or Order TEXT ORDER granting (486) Motion to Appear Pro Hac Vice of Jerome C. Muys, Jr, Jeffrey M. Karp ; granting (487) Motion to Appear Pro Hac Vice of Jerome C. Muys, Jr, Jeffrey M. Karp in case 1:06-cv-00218-S-LDA; granting (309) Motion to Appear Pro Hac Vice of Jerome C. Muys, Jr, Jeffrey M. Karp ; granting (310) Motion to Appear Pro Hac Vice of Jerome C. Muys, Jr, Jeffrey M. Karp in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/3/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 3, 2014 Opinion or Order TEXT ORDER granting (490) Motion for Extension of Time in case 1:06-cv-00218-S-LDA; granting (313) Motion for Extension of Time in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 9/3/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 2, 2014 Opinion or Order Filing 491 RESPONSE in Opposition re (306 in 1:11-cv-00023-S-LDA, 483 in 1:06-cv-00218-S-LDA) MOTION to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts, (481 in 1:06-cv-00218-S-LDA) MOTION to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts filed by The United States of America. (Attachments: #1 Exhibit Carman Dec. and Exhibits)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean) (Attachment 1 replaced on 9/3/2014 - original document contained exhibit 3 in error) (Urizandi, Nisshy).
September 2, 2014 Opinion or Order Filing 490 MOTION for an Extension of Time to file response to United States' Motion to Compel Production of Certain Financial Information With Supporting Memo filed by Black & Decker, Inc., Emhart Industries, Inc.. Responses due by 9/19/2014 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 28, 2014 Opinion or Order TEXT ORDER granting (484) Motion to File Under in case 1:06-cv-00218-S-LDA; granting (307) Motion File Under Seal in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 8/28/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
August 22, 2014 Opinion or Order TEXT ORDER granting (485) Motion for Extension of Time to File Response/Reply re (476 in 1:06-cv-00218-S-LDA, 301 in 1:11-cv-00023-S-LDA) MOTION to Compel Production of Certain Financial Information in case 1:06-cv-00218-S-LDA; granting (308) Motion for Extension of Time to File Response/Reply re (476 in 1:06-cv-00218-S-LDA, 301 in 1:11-cv-00023-S-LDA) MOTION to Compel Production of Certain Financial Information in case 1:11-cv-00023-S-LDA in case 1:06-cv-00218-S-LDA in case 1:11-cv-00023-S-LDA; Responses due by 9/4/2014. So Ordered by Chief Judge William E. Smith on 8/22/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 21, 2014 Opinion or Order Filing 487 MOTION for Jeffrey M. Karp, Esq. to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-775678 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 21, 2014 Opinion or Order Filing 486 MOTION for Jermone C. Muys, Jr. to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-775676 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 21, 2014 Opinion or Order Filing 485 Assented MOTION for an Extension of Time to File Response/Reply to the United States' Motion to Compel Production of Certain Financial Information WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 9/8/2014 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 19, 2014 Opinion or Order NOTICE of Hearing on (284 in 1:11-cv-00023-S-LDA, 459 in 1:06-cv-00218-S-LDA) MOTION in Limine TO EXCLUDE WRITTEN STATEMENT OF THOMAS CLEARY, (277 in 1:11-cv-00023-S-LDA, 452 in 1:06-cv-00218-S-LDA) MOTION in Limine of the United States to Exclude Written Statement of Thomas Cleary : Motion Hearing scheduled for 10/9/2014 at 2:00 PM in Courtroom 2 before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 18, 2014 Opinion or Order TEXT ORDER granting (480) Motion for Extension of Time in case 1:06-cv-00218-S-LDA; granting (305) Motion for Extension of Time in case 1:11-cv-00023-S-LDA; response re: #301 MOTION to Compel Production of Certain Financial Information with Supporting Memorandum filed by The United States of America due by 8/21/14. So Ordered by Chief Judge William E. Smith on 8/18/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 15, 2014 Opinion or Order Filing 484 MOTION Seal Exhibit A to Plaintiffs' Motion to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts re (483 in 1:06-cv-00218-S-LDA) MOTION to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 9/2/2014 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 15, 2014 Opinion or Order Filing 483 MOTION to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 9/2/2014 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 15, 2014 Opinion or Order Filing 482 MOTION to Seal Exhibit A to Plaintiffs' Motion to Strike Report and Preclude Expert TEstimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts re #481 MOTION to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 9/2/2014 (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
August 15, 2014 Opinion or Order Filing 481 MOTION to Strike Report and Preclude Expert Testimony of Dr. Joan K. Meyer or, in the Alternative, Motion for Leave to Designate Rebuttal Corporate Successor Liability Experts WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 9/2/2014 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Green, Rachelle)
August 12, 2014 Opinion or Order Filing 480 Assented MOTION for an Extension of Time to File Response to Defendants' Motion to Compel Production of Certain Financial Documents filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 8/29/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 4, 2014 Opinion or Order Filing 479 REPLY to Response to Motion re (474 in 1:06-cv-00218-S-LDA, 298 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion,, with Supporting Exhibits filed by The United States of America. (Attachments: #1 Exhibit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
August 4, 2014 Opinion or Order Filing 478 REPLY to Response to Motion re (474 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,, Emhart Industries, Inc. and Black and Decker's amended memorandum in opposition to motions in limine to exclude written statement of Thomas Cleary filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
July 29, 2014 Opinion or Order CORRECTIVE DOCKET ENTRY Regarding: (477 in 1:06-cv-00218-S-LDA, 302 in 1:11-cv-00023-S-LDA) MOTION to Compel Production of Certain Financial Information (Memorandum in Support). The ECF Filer did not select the event that best describes the document. Correction made by Clerks Office. No further action is required. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
July 28, 2014 Opinion or Order Filing 477 MEMORANDUM IN SUPPORT of #476 Motion Compel Production of Certain Financial Information, filed by The United States of America. Responses due by 8/14/2014 (Attachments: #1 Exhibit, #2 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean) Modified on 7/29/2014 to correct event code used and docket text (Urizandi, Nisshy).
July 28, 2014 Opinion or Order Filing 476 MOTION to Compel Production of Certain Financial Information with Supporting Memorandum filed by The United States of America. Responses due by 8/14/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
July 25, 2014 Opinion or Order Filing 475 TRANSCRIPT ORDER for proceedings held on 6/30/2014 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
July 21, 2014 Opinion or Order Filing 474 RESPONSE in Opposition re (452 in 1:06-cv-00218-S-LDA) MOTION in Limine of the United States to Exclude Written Statement of Thomas Cleary, (459 in 1:06-cv-00218-S-LDA) MOTION in Limine TO EXCLUDE WRITTEN STATEMENT OF THOMAS CLEARY Amended Memorandum In Opposition filed by Emhart Industries, Inc. (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)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 18, 2014 Opinion or Order TEXT ORDER granting (463) Motion to Appear Pro Hac Vice of Phillip Rakhunov in case 1:06-cv-00218-S-LDA; granting (288) Motion to Appear Pro Hac Vice of Phillip Rakhunov in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 7/18/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 15, 2014 Opinion or Order Filing 473 NOTICE of Appearance by Steven J. Boyajian on behalf of New England Container Company, Inc (Boyajian, Steven)
July 14, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 7/14/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Noel, Jeannine)
July 14, 2014 Opinion or Order TEXT ORDER withdrawing (390) Motion to Compel in case 1:06-cv-00218-S-LDA; withdrawing (220) Motion to Compel in case 1:11-cv-00023-S-LDA; Pursuant to conference with Magistrate Judge Lincoln D. Almond, the motion to compel is hereby withdrawn without prejudice. So Ordered by Magistrate Judge Lincoln D. Almond on 7/14/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 11, 2014 Opinion or Order TEXT ORDER granting (468) Motion to Seal Document in case 1:06-cv-00218-S-LDA; granting (293) Motion to Seal Document in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 7/9/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
July 9, 2014 Opinion or Order Filing 471 MEMORANDUM AND ORDER denying (418) Motion to Lift Stay of Discovery in case 1:06-cv-00218-S-LDA; denying (244) Motion to Lift Stay of Discovery in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 7/9/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 8, 2014 Opinion or Order Filing 470 EIGHTH REVISED CASE MANAGEMENT ORDER. So Ordered by Chief Judge William E. Smith on 7/8/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 8, 2014 Opinion or Order TEXT ORDER: The Court is in receipt of correspondence from counsel for Emhart Industries, Inc. dated July 2, 2014. The correspondence requests that Emhart be permitted to receive documents related to Mr. Thomas Cleary, which have been prepared but not yet delivered to Emhart. The Court stayed discovery on the topic of Mr. Cleary on June 30, 2014. That stay remains in place, and receipt of these documents would be contrary to that stay. Therefore, Emhart is not entitled to receive the documents discussed in its correspondence. So Ordered by Chief Judge William E. Smith on 7/8/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 1, 2014 Opinion or Order Filing 467 TRANSCRIPT ORDER for Motion Hearing for proceedings held on 6/30/2014 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 1, 2014 Opinion or Order Filing 466 TRANSCRIPT ORDER Motion Hearing for proceedings held on June 30, 2014 before Judge Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
July 1, 2014 Opinion or Order Filing 465 PLEASE DISREGARD. CORRECTED TRANSCRIPT ORDER TO BE FILED BY ATTORNEY. TRANSCRIPT ORDER Motion Hearing for proceedings held on June 30, 2014 before Judge Almond.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome) Modified on 7/1/2014 (Noel, Jeannine).
July 1, 2014 Opinion or Order Filing 464 PLEASE DISREGARD. CORRECTED TRANSCRIPT ORDER TO BE FILED BY ATTORNEY. TRANSCRIPT ORDER Motion Hearing for proceedings held on June 30, 2014 before Judge William Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome) Modified on 7/1/2014 (Noel, Jeannine).
July 1, 2014 Opinion or Order CORRECTIVE DOCKET ENTRY Regarding: (465 in 1:06-cv-00218-S-LDA) Transcript Order, (464 in 1:06-cv-00218-S-LDA) Transcript Order. ERROR: INCORRECT INFORMATION ON FORM. CORRECTION: TO BE REFILED BY ATTORNEY. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Noel, Jeannine)
June 30, 2014 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 6/30/2014. Present: J. Pirozzolo, P. Rakhunov, J. Ray, M. Baroni, J. Cervenka, J. MacLoughlin, S. Carman, E. Vaudo, R. Green, J. Farside, A. Spacone. (Court Reporter Anne Clayton in Chambers at 3:05 p.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 30, 2014 Opinion or Order TEXT ORDER: Discovery regarding the health and mental capacity of Mr. Thomas Cleary is hereby stayed until further order of the Court. This stay shall not prevent the Government or NECC from asking questions of the expert witnesses of Black & Decker, Inc. and Emhart Industries, Inc. on this topic. Black & Decker, Inc. and Emhart Industries, Inc. shall file a supplemental brief regarding the Motion in Limine of the United States to Exclude Written Statements of Thomas Cleary (277) by July 21, 2014. The Government and NECC shall file supplemental briefs on the Motion in Limine of the United States to Exclude Written Statements of Thomas Cleary (277) by August 4, 2014. So Ordered by Chief Judge William E. Smith on 6/30/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 30, 2014 Opinion or Order Filing 463 MOTION for Phillip Rakhunov to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-761213 ) filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 30, 2014 Opinion or Order NOTICE of Hearing: Telephone Conference on Motion #220 set for 7/14/2014 10:00 AM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Noel, Jeannine)
June 27, 2014 Opinion or Order Filing 468 MOTION to Seal Document filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 27, 2014 Opinion or Order Filing 462 REPLY to Response to Motion re (454 in 1:06-cv-00218-S-LDA, 279 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 27, 2014 Opinion or Order Filing 461 RESPONSE in Opposition re (276 in 1:11-cv-00023-S-LDA, 451 in 1:06-cv-00218-S-LDA) MOTION to Stay Certain Response Deadlines Pending Service of Filings filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 27, 2014 Opinion or Order Filing 460 MOTION to Defer Ruling on the United States' Motion in Limine to Exclue Written Statement of Thomas Cleary WITH SUPPORTING MEMORANDUM filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 7/14/2014 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 25, 2014 Opinion or Order UPDATED NOTICE of Hearing: In Chambers Conference scheduled for 6/30/2014 at 3:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 24, 2014 Opinion or Order Filing 459 MOTION in Limine TO EXCLUDE WRITTEN STATEMENT OF THOMAS CLEARY WITH SUPPORTING MEMO filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
June 20, 2014 Opinion or Order Filing 458 MEMORANDUM AND ORDER denying without prejudice (403) Motion to Strike Certain Expert Reports in case 1:06-cv-00218-S-LDA; denying without prejudice (229) Motion to Strike Certain Expert Reports in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 6/20/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 20, 2014 Opinion or Order Filing 457 RESPONSE to Motion re (442 in 1:06-cv-00218-S-LDA) MOTION Motion for Scheduling Conference or, Alternatively, a Ruling Prohibiting Parties from Challenging the April 8, 2008 Affidavit of Thomas Cleary filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
June 18, 2014 Opinion or Order Filing 456 MOTION for Protective Order (Morris and Cattaneo) filed by Emhart Industries, Inc. Responses due by 7/7/2014 (Attachments: #1 Supporting Memorandum, #2 Exhibit 1, #3 Exhibit 2)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 16, 2014 Opinion or Order Filing 455 RESPONSE to Motion re (440 in 1:06-cv-00218-S-LDA) MOTION for In Camera Review of Discovery Pertaining to Mr. Thomas Cleary , (439 in 1:06-cv-00218-S-LDA) MOTION for Protective Order filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
June 13, 2014 Opinion or Order Filing 454 RESPONSE in Opposition re (268 in 1:11-cv-00023-S-LDA) MOTION Motion for Scheduling Conference or, Alternatively, a Ruling Prohibiting Parties from Challenging the April 8, 2008 Affidavit of Thomas Cleary filed by The United States of America. (Attachments: #1 Exhibit Declaration and Exhibits)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
June 13, 2014 Opinion or Order Filing 453 Assented MOTION for an Extension of Time to Complete Discovery and Amend Certain Deadlines in the Seventh Revised Scheduling Order WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 6/30/2014 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 13, 2014 Opinion or Order Filing 452 MOTION in Limine of the United States to Exclude Written Statement of Thomas Cleary With Supporting Memo filed by The United States of America. (Attachments: #1 Supporting Memorandum, #2 Exhibit Declaration and Exhibits, #3 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
June 10, 2014 Opinion or Order Filing 451 MOTION to Stay Certain Response Deadlines Pending Service of Filings filed by The United States of America. Responses due by 6/27/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
June 10, 2014 Opinion or Order CORRECTIVE DOCKET ENTRY Regarding: (450 in 1:06-cv-00218-S-LDA, 275 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion; Docket entry text, docket entry event, and docket entry security modified Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 9, 2014 Opinion or Order Filing 449 STIPULATION re Order on Motion for Protective Order, Order on Motion for Protective Order, by Eli Lilly and Company. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Spacone, Andrew)
June 9, 2014 Opinion or Order Filing 448 STIPULATION re Order on Motion for Protective Order, Order on Motion for Protective Order, by Eli Lilly and Company. (Spacone, Andrew)
June 5, 2014 Opinion or Order TEXT ORDER granting (446) Motion to Seal Document in case 1:06-cv-00218-S-LDA; granting (272) Motion to Seal Document in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 6/5/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 5, 2014 Opinion or Order TEXT ORDER granting (441) Motion to Seal Document in case 1:06-cv-00218-S-LDA; granting (267) Motion to Seal Document in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 6/3/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 4, 2014 Opinion or Order Filing 444 NOTICE by The United States of America Response to June 3, 2014 Motion to Seal by Emhart Industries, Inc. and Black & Decker, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
June 4, 2014 Opinion or Order Filing 443 RESPONSE to Motion re (440 in 1:06-cv-00218-S-LDA, 266 in 1:11-cv-00023-S-LDA) MOTION for In Camera Review of Discovery Pertaining to Mr. Thomas Cleary , (439 in 1:06-cv-00218-S-LDA, 265 in 1:11-cv-00023-S-LDA) MOTION for Protective Order filed by The United States of America. (Attachments: #1 Affidavit Declaration of Patrick B. Bryan (Part 1 of 4), #2 Affidavit Declaration of Patrick B. Bryan (Part 2 of 4), #3 Affidavit Declaration of Patrick B. Bryan (Part 3 of 4), #4 Affidavit Declaration of Patrick B. Bryan (Part 4 of 4))Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bryan, Patrick)
June 3, 2014 Opinion or Order Filing 446 MOTION to Seal Document filed by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
June 3, 2014 Opinion or Order Filing 442 MOTION Motion for Scheduling Conference or, Alternatively, a Ruling Prohibiting Parties from Challenging the April 8, 2008 Affidavit of Thomas Cleary filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 6/20/2014 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 2, 2014 Opinion or Order Filing 441 MOTION to Seal Document . Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
May 29, 2014 Opinion or Order Filing 440 MOTION for In Camera Review of Discovery Pertaining to Mr. Thomas Cleary filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 6/16/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 29, 2014 Opinion or Order Filing 439 MOTION for Protective Order filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 6/16/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 27, 2014 Opinion or Order Filing 438 MOTION to Withdraw as Attorney for Emhart Industries and Black & Decker, Inc. filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 6/13/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 22, 2014 Opinion or Order Filing 437 NOTICE by Eli Lilly and Company of Withdrawal of Kristen W. Sherman Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Spacone, Andrew)
May 22, 2014 Opinion or Order Filing 436 NOTICE of Appearance by Andrew C. Spacone on behalf of Eli Lilly and Company Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Spacone, Andrew)
May 21, 2014 Opinion or Order Filing 435 PROTECTIVE ORDER re: #255 Assented MOTION for Protective Order for Protected Health Information. So Ordered by Chief Judge William E. Smith on 5/21/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 16, 2014 Opinion or Order TEXT ORDER granting (429) Motion for Protective Order in case 1:06-cv-00218-S-LDA; granting (255) Motion for Protective Order in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 5/16/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 15, 2014 Opinion or Order Filing 434 NOTICE by The United States of America re (403 in 1:06-cv-00218-S-LDA, 229 in 1:11-cv-00023-S-LDA) MOTION Strike Certain Expert Reports Amendment (Attachments: #1 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
May 12, 2014 Opinion or Order Filing 433 REPLY to Response to Motion re (430 in 1:06-cv-00218-S-LDA, 256 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, to Lift the Stay of Discovery with Respect to Bradford Soap to Allow Discovery on its Use of Hexachlorophene filed by New England Container Company filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Exhibit 1)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 9, 2014 Opinion or Order Filing 432 REPLY to Response to Motion re (430 in 1:06-cv-00218-S-LDA, 256 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, to Lift the Stay of Discovery with Respect to Bradford Soap to Allow Discovery on its Use of Hexachlorophene filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 8, 2014 Opinion or Order TEXT ORDER granting (427) Motion to Withdraw as Attorney: Attorney Philip C. Swain, David E. Cole, and Jeffrey S. Follett terminated in case 1:06-cv-00218-S-LDA; granting (253) Motion to Withdraw as Attorney: Attorney Philip C. Swain, David E. Cole, and Jeffrey S. Follett terminated in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 5/8/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 6, 2014 Opinion or Order Filing 431 MOTION for Leave to File Surreply in Further Opposition to Motion of Emhart Industries and Black & Decker to Lift Stay of Discovery With Respect to Bradford Soap to Allow Discovery on Its Use of Hexachlorophine filed by Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc. Responses due by 5/23/2014 (Attachments: #1 Exhibit A - Proposed Surreply)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Richard)
May 5, 2014 Opinion or Order Filing 430 RESPONSE in Opposition re (418 in 1:06-cv-00218-S-LDA) MOTION Lift Stay of Discovery With Respect to Bradford Soap with supporting memo filed by New England Container Company, Inc. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
May 5, 2014 Opinion or Order Filing 429 Assented MOTION for Protective Order for Protected Health Information filed by The United States of America. Responses due by 5/22/2014 (Attachments: #1 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
May 2, 2014 Opinion or Order Filing 428 NOTICE of Change of Address by Rachelle R. Green Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 2, 2014 Opinion or Order Filing 427 MOTION to Withdraw as Attorney Philip C. Swain, Jeffrey S. Follett and David E. Cole filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 5/19/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 2, 2014 Opinion or Order Filing 426 REPLY to Response to Motion re (424 in 1:06-cv-00218-S-LDA, 250 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, of Emhart and Black & Decker to Lift the Stay of Discovery with Respect to Bradford Soap to Allow Discovery on its Use of Hexachlorophene filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Exhibit A)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 2, 2014 Opinion or Order Filing 425 AFFIDAVIT in Opposition re (418 in 1:06-cv-00218-S-LDA) MOTION Lift Stay of Discovery With Respect to Bradford Soap filed by The United States of America. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
May 2, 2014 Opinion or Order Filing 424 RESPONSE in Opposition re (418 in 1:06-cv-00218-S-LDA) MOTION Lift Stay of Discovery With Respect to Bradford Soap filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
April 29, 2014 Opinion or Order Filing 423 SEVENTH REVISED CASE MANAGEMENT ORDER. So Ordered by Chief Judge William E. Smith on 4/29/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 25, 2014 Opinion or Order Filing 422 RESPONSE in Opposition re (244 in 1:11-cv-00023-S-LDA, 418 in 1:06-cv-00218-S-LDA) MOTION Lift Stay of Discovery With Respect to Bradford Soap to Allow Discovery on Its Use of Hexachlorophene filed by Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc. (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Richard)
April 25, 2014 Opinion or Order Filing 421 NOTICE of Appearance by Joseph A. Farside, Jr on behalf of Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farside, Joseph)
April 25, 2014 Opinion or Order Filing 420 NOTICE of Appearance by Richard A. Sherman on behalf of Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Richard)
April 23, 2014 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: In Chambers Conference held on 4/23/2014; counsel present: J. Levin, J. Sun, S. Bauer; J. Ray, M. Baroni; J. Pirozzolo, D. Cole, R. Green; K. Sherman; present via teleconference: G. Benik; A. Batastini, W. Hutchinson, D. Graham Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 18, 2014 Opinion or Order Filing 419 REPLY to Response to Motion re (417 in 1:06-cv-00218-S-LDA, 243 in 1:11-cv-00023-S-LDA) Response to Motion, to Extend Deadlines filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
April 18, 2014 Opinion or Order Filing 418 MOTION Lift Stay of Discovery With Respect to Bradford Soap With Supporting Memo filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 5/5/2014 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
April 16, 2014 Opinion or Order TEXT ORDER granting (415) Motion to Appear Pro Hac Vice of James A. Kosch in case 1:06-cv-00218-S-LDA; granting (241) Motion to Appear Pro Hac Vice of James A. Kosch in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 4/16/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 14, 2014 Opinion or Order Filing 417 RESPONSE to Motion re (242 in 1:11-cv-00023-S-LDA, 416 in 1:06-cv-00218-S-LDA) MOTION for an Extension of Time filed by The United States of America. (Attachments: #1 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
April 3, 2014 Opinion or Order NOTICE of Hearing: In Chambers Conference re: Case Management Deadlines scheduled for 4/23/2014 at 2:00 PM in Chambers before Chief Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 1, 2014 Opinion or Order Filing 416 MOTION for an Extension of Time filed by Emhart Industries, Inc, Emhart Industries, Inc.. Responses due by 4/18/2014 (Attachments: #1 Affidavit Procaccini Declaration in Support of Motion to Extend)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
March 25, 2014 Opinion or Order Filing 415 MOTION for James A. Kosch to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-722271 ) filed by Sequa Corporation. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Hutchison, Warren)
March 25, 2014 Opinion or Order Filing 414 NOTICE by Sequa Corporation of Withdrawal of Appearance of Andrew W. Daniels Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Hutchison, Warren)
February 12, 2014 Opinion or Order Filing 413 REPLY to Response to Motion re (412 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Glaser, Danica)
February 3, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 2/3/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Noel, Jeannine)
January 29, 2014 Opinion or Order Filing 412 RESPONSE in Opposition re (403 in 1:06-cv-00218-S-LDA, 229 in 1:11-cv-00023-S-LDA) MOTION Strike Certain Expert Reports filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
January 28, 2014 Opinion or Order Filing 411 ORDER granting (401) Motion to Amend/Correct in case 1:06-cv-00218-S-LDA; granting (227) Motion to Amend/Correct in case 1:11-cv-00023-S-LDA. So Ordered by Chief Judge William E. Smith on 1/28/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 24, 2014 Opinion or Order TEXT ORDER granting (410) Third Assented-to Motion for Extension of Time in case 1:06-cv-00218-S-LDA; granting (236) Third Assented-to Motion for Extension of Time in case 1:11-cv-00023-S-LDA re: (403 in 1:06-cv-00218-S-LDA, 229 in 1:11-cv-00023-S-LDA) MOTION Strike Certain Expert Reports in case 1:11-cv-00023-S-LDA in case 1:06-cv-00218-S-LDA in case 1:11-cv-00023-S-LDA; Emhart's and Black & Decker's Responses due by 1/29/2014; USA's Replies due by 2/12/2014. So Ordered by Chief Judge William E. Smith on 1/24/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 22, 2014 Opinion or Order Filing 410 Third MOTION for an Extension of Time Extend Deadline to Respond to United States' Motion to Strike Certain of Their Expert Reports (Assented-to) filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 2/10/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
January 22, 2014 Opinion or Order TEXT ORDER granting (409) Motion for Extension of Time to File Response/Reply re: (403 in 1:06-cv-00218-S-LDA, 229 in 1:11-cv-00023-S-LDA) MOTION Strike Certain Expert Reports in case 1:06-cv-00218-S-LDA; granting (235) Motion for Extension of Time to File Response/Reply re: (403 in 1:06-cv-00218-S-LDA, 229 in 1:11-cv-00023-S-LDA) MOTION Strike Certain Expert Reports in case 1:11-cv-00023-S-LDA in case 1:06-cv-00218-S-LDA in case 1:11-cv-00023-S-LDA;Emhart's and Black & Decker's Responses due by 1/27/2014; USA's Replies due by 2/10/2014.. So Ordered by Chief Judge William E. Smith on 1/22/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
January 15, 2014 Opinion or Order Filing 409 Assented MOTION for an Extension of Time to File Response/Reply to the United States' Motion to Strike Certain of Their Expert Reports filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 2/3/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
January 14, 2014 Opinion or Order RESCHEDULING NOTICE of Hearing: Telephone Conference RESCHEDULED for 2/3/2014 04:00 PM before Magistrate Judge Lincoln D. Almond. MOVED FROM 1/15/2014. Attorneys to participate: Pirozzolo, Follett, Bauer and Ray. The court will initiate the call. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Noel, Jeannine)
January 10, 2014 Opinion or Order Filing 408 TRANSCRIPT of Motion to Compel Disclosures held on December 20, 2013, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 1/31/2014. Redacted Transcript Deadline set for 2/10/2014. Release of Transcript Restriction set for 4/10/2014. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
January 9, 2014 Opinion or Order Filing 407 TRANSCRIPT ORDER for proceedings held on December 20, 2013 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Myrus, Richard)
January 9, 2014 Opinion or Order CORRECTED - NOTICE of Hearing: Telephone Conference set for 1/15/2014 04:00 PM before Magistrate Judge Lincoln D. Almond. Attorneys to participate: Pirozzolo, Follett, Bauer and Ray. The court will initiate the call. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Noel, Jeannine) Modified on 1/10/2014 (Noel, Jeannine). Atty Ray added to the notice.
January 7, 2014 Opinion or Order TEXT ORDER granting (406) Joint Motion for Extension of Time to Respond to USA's (229) Motion to Strike Certain Expert Reports in case 1:06-cv-00218-S-LDA (granting (232) Motion for Extension of Time in case 1:11-cv-00023-S-LDA); Emhart's and Black & Decker's Response is due on or before 1/21/14 and the USA's Reply is due on or before 2/4/14. So Ordered by Chief Judge William E. Smith on 1/7/14. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 31, 2013 Opinion or Order Filing 406 Assented MOTION for an Extension of Time to Extend Deadline to Respond to United States' Motion to Strike Certain of Their Expert Reports filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 1/17/2014 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
December 23, 2013 Opinion or Order Filing 405 TRANSCRIPT ORDER for hearing Motion to Compel for proceedings held on 12/20/13 before Judge Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
December 20, 2013 Opinion or Order Filing 404 TRANSCRIPT ORDER by Emhart Industries, Inc. for Motion to Compel Discovery D.E. # 220 for proceedings held on 12-20-2013 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
December 20, 2013 Opinion or Order Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 12/20/2013 re (220 in 1:11-cv-00023-S-LDA, 390 in 1:06-cv-00218-S-LDA) MOTION to Compel Discovery Responses filed by The United States of America. (Pirozzolo, Follet, Bauer) Arguments heard. Court questions. Parties respond. Court will pass ruling on this motion. A conference will be set up with Magistrate Judge Almond regarding discovery. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:05 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
December 18, 2013 Opinion or Order Filing 403 MOTION Strike Certain Expert Reports WITH SUPPORTING MEMO filed by The United States of America. Responses due by 1/6/2014 (Attachments: #1 Supporting Memorandum, #2 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
December 9, 2013 Opinion or Order Filing 402 Letter from John F.X. Peloso, Jr. re: Expert Depositions Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 9, 2013 Opinion or Order TEXT ORDER re: (228 in 1:11-cv-00023-S-LDA) Letter: The Court has reviewed NECC's letter dated 12/9/13 and agrees that taking depositions of the noted experts is without prejudice to its potential challenges to the propriety of the reports. So Ordered by Chief Judge William E. Smith on 12/09/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 5, 2013 Opinion or Order TEXT ORDER granting (392) Motion to Appear Pro Hac Vice of Michael Hamilton; granting (393) Motion to Appear Pro Hac Vice of Louis H. Kozloff in case 1:06-cv-00218-S-LDA. So Ordered by Chief Judge William E. Smith on 12/05/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
December 3, 2013 Opinion or Order Filing 401 Joint MOTION to Amend/Correct filed by The United States of America. Responses due by 12/20/2013 (Attachments: #1 Supporting Memorandum, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
December 2, 2013 Opinion or Order NOTICE of Hearing on (220 in 1:11-cv-00023-S-LDA, 390 in 1:06-cv-00218-S-LDA) MOTION to Compel Discovery Responses filed by United States of America : Motion Hearing scheduled for 12/20/2013 at 10:00 AM in Courtroom 2 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 27, 2013 Opinion or Order Filing 400 REPLY to Response to Motion re (224 in 1:11-cv-00023-S-LDA, 398 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, filed by The United States of America. (Attachments: #1 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
November 22, 2013 Opinion or Order Filing 399 NOTICE of Appearance by Danica A. Glaser on behalf of The United States of America Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Glaser, Danica)
November 20, 2013 Opinion or Order Filing 398 RESPONSE in Opposition re (390 in 1:06-cv-00218-S-LDA) MOTION to Compel Discovery Responses filed by Black & Decker, Inc., Emhart Industries, 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)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron) (Attachment 6 replaced on 11/21/2013) (Urizandi, Nisshy).
November 18, 2013 Opinion or Order Filing 397 RESPONSE in Support re (390 in 1:06-cv-00218-S-LDA) MOTION to Compel Discovery Responses of the United States' Motion to Compel filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
November 18, 2013 Opinion or Order Filing 396 SIXTH REVISED CASE MANAGEMENT ORDER. So Ordered by Judge William E. Smith on 11/18/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 13, 2013 Opinion or Order Filing 395 APPLICATION FOR ADMISSION PRO HAC VICE re #393 MOTION for Louis H. Kozloff to Appear Pro Hac Vice by Providence Washington Insurance Company NOTICE: In order to view this document, you must first log in using your CMECF Filer login. . (Urizandi, Nisshy)
November 13, 2013 Opinion or Order Filing 394 APPLICATION FOR ADMISSION PRO HAC VICE re #392 MOTION for Michael Hamilton to Appear Pro Hac Vice by Providence Washington Insurance Company NOTICE: In order to view this document, you must first log in using your CMECF Filer login. . (Urizandi, Nisshy)
November 13, 2013 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Telephone Conference held on 11/13/2013; counsel present on conference call: Jack Pirozzolo, David Cole, Daniel Procaccini; John Peloso, James Ray, Megan Baroni; Louis Kozloff; Joshua Levin, Darrel Johnson, Scott Bauer, Jerome McLaughlin, Laurel Bedig, Eve Vaudo; John Ferolli; David Graham, R. Howard Grubbs; Bradford DeVore; Dr. William Risen Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 12, 2013 Opinion or Order Filing 393 MOTION for Louis H. Kozloff to Appear Pro Hac Vice filed by Providence Washington Insurance Company. (White, Todd)
November 12, 2013 Opinion or Order Filing 392 MOTION for Michael Hamilton to Appear Pro Hac Vice filed by Providence Washington Insurance Company. (White, Todd)
November 12, 2013 Opinion or Order Filing 391 OPINION AND ORDER granting (341) Motion for Protective Order; granting (348) Motion for Protective Order in case 1:06-cv-00218-S-LDA; granting (169) Motion for Protective Order; granting (176) Motion for Protective Order in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 11/8/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 29, 2013 Opinion or Order TEXT ORDER granting (384) Motion to Appear Pro Hac Vice of Bradford A. De Vore in case 1:06-cv-00218-S-LDA; granting (214) Motion to Appear Pro Hac Vice of Bradford A. De Vore in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 10/29/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 29, 2013 Opinion or Order NOTICE of Hearing: Telephone Conference re: Trial Schedule and Deadlines scheduled for 11/13/2013 at 10:00 AM before Judge William E. Smith; call-in instructions have been emailed to all counsel of record. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 28, 2013 Opinion or Order Filing 390 MOTION to Compel Discovery Responses filed by The United States of America. Responses due by 11/14/2013 (Attachments: #1 Supporting Memorandum, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit, #11 Affidavit, #12 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
October 22, 2013 Opinion or Order Filing 389 MOTION Motion to Strike the United States' Unauthorized Response to Emhart's List of Topics on Which it Seeks to Depose Eve Vaudo or Alternatively, for Leave to File a Reply to the United States' Response filed by Emhart Industries, Inc. Responses due by 11/8/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
October 21, 2013 Opinion or Order Filing 388 RESPONSE IN OPPOSITION by The United States of America re (213 in 1:11-cv-00023-S-LDA) Status Report . Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
October 21, 2013 Opinion or Order Filing 387 RESPONSE to Motion re (216 in 1:11-cv-00023-S-LDA, 386 in 1:06-cv-00218-S-LDA) MOTION Lift Stay and Modify Case Management Order re (212 in 1:11-cv-00023-S-LDA, 382 in 1:06-cv-00218-S-LDA) Consent MOTION for an Extension of Time extension of deadlines for fact and expert discovey in light of lapse in appropriations filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
October 21, 2013 Opinion or Order Filing 386 MOTION Lift Stay and Modify Case Management Order re (212 in 1:11-cv-00023-S-LDA, 382 in 1:06-cv-00218-S-LDA) Consent MOTION for an Extension of Time extension of deadlines for fact and expert discovey in light of lapse in appropriations filed by The United States of America. Responses due by 11/7/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
October 4, 2013 Opinion or Order Filing 385 APPLICATION FOR ADMISSION PRO HAC VICE re (384 in 1:06-cv-00218-S-LDA, 214 in 1:11-cv-00023-S-LDA) MOTION for Bradford A. De Vore to Appear Pro Hac Vice by BASF Corporation NOTICE: In order to view this document, you must first log in using your CMECF Filer login. . Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Farrell Pletcher, Paula)
October 4, 2013 Opinion or Order Filing 384 MOTION for Bradford A. De Vore to Appear Pro Hac Vice filed by BASF Corporation. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Muri, Anthony)
October 3, 2013 Opinion or Order Filing 383 STATUS REPORT List of Topics it Would Wish to Inquire About in Deposing Eve Vaudo by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
October 1, 2013 Opinion or Order Filing 382 Consent MOTION for an Extension of Time extension of deadlines for fact and expert discovey in light of lapse in appropriations filed by The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy. Responses due by 10/18/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Levin, Joshua)
October 1, 2013 Opinion or Order TEXT ORDER granting (382) Motion for Extension of Time in case 1:06-cv-00218-S-LDA; granting (212) Motion for Extension of Time in case 1:11-cv-00023-S-LDA: The motion is unopposed and is granted; the Court will re-assess on a daily basis and will lift the stay as soon as appropriations are provided. So Ordered by Judge William E. Smith on 10/1/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 30, 2013 Opinion or Order Filing 381 FIFTH REVISED CASE MANAGEMENT ORDER. So Ordered by Judge William E. Smith on 9/30/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 27, 2013 Opinion or Order TEXT ORDER re: (176 in 1:11-cv-00023-S-LDA) MOTION for Protective Order and (169 in 1:11-cv-00023-S-LDA) MOTION for Protective Order to Prevent Depositions of EPA Attorneys filed by The United States of America: Pursuant to a discussion with counsel during a hearing on ECF Nos. 169 and 176, Emhart Industries, Inc. shall provide the Court with a list of specific topics it would wish to inquire about in deposing EPA counsel Eve Vaudo within seven days. So Ordered by Judge William E. Smith on 9/26/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 26, 2013 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Motion Hearing held on 9/26/2013 re (176 in 1:11-cv-00023-S-LDA, 348 in 1:06-cv-00218-S-LDA) MOTION for Protective Order filed by Ray Mabus, United States Department of Defense, Robert M. Gates, The United States of America, Michael B. Donley, United States Department of the Navy, United States Department of the Air Force, Leon E. Panetta, (169 in 1:11-cv-00023-S-LDA, 341 in 1:06-cv-00218-S-LDA) MOTION for Protective Order to Prevent Depositions of EPA Attorneys filed by The United States of America. (Cole, Pirozzolo, Bauer, Johnson) Court addresses. Arguments heard on defendant's motions. Court questions. Each side responds. Court takes matter under advisement and will issue a written ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 11:10 a.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
September 20, 2013 Opinion or Order TEXT ORDER granting (380) Motion for Extension of Time for Expert Discovery Deadlines as defined in (375 in 1:06-cv-00218-S-LDA, 202 in 1:11-cv-00023-S-LDA) the Fourth Revised Case Management Order in case 1:06-cv-00218-S-LDA; granting (208) Motion for Extension of Time in case 1:11-cv-00023-S-LDA in case 1:06-cv-00218-S-LDA. So Ordered by Judge William E. Smith on 9/20/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 18, 2013 Opinion or Order Filing 380 MOTION for an Extension of Time United States' Unopposed Motion To Extend Deadlines In The Fourth Revised Case Management Order For Expert Discovery Unopposed filed by The United States of America. Responses due by 10/7/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bryan, Patrick)
September 13, 2013 Opinion or Order Filing 379 NOTICE of Change of Address by Jennifer R. Cervenka Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
September 10, 2013 Opinion or Order TEXT ORDER Entering (206 in 1:11-cv-00023-S-LDA, 378 in 1:06-cv-00218-S-LDA) Amended Discovery Stipulation filed by New England Container Company, Inc., United States, and NECC, Inc.. So Ordered by Judge William E. Smith on 9/10/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 10, 2013 Opinion or Order NOTICE of Hearing on (169 in 1:11-cv-00023-S-LDA, 341 in 1:06-cv-00218-S-LDA) MOTION for Protective Order to Prevent Depositions of EPA Attorneys and (176 in 1:11-cv-00023-S-LDA, 348 in 1:06-cv-00218-S-LDA) MOTION for Protective Order : Motion Hearing scheduled for 9/26/2013 at 11:00 AM in Courtroom 2 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 28, 2013 Opinion or Order Filing 378 STIPULATION : AMENDED DISCOVERY STIPULATION by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
August 28, 2013 Opinion or Order Filing 377 CERTIFICATE OF SERVICE by The United States of America regarding the United States' Reply Memorandum (Dkt # 204/376) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
August 28, 2013 Opinion or Order Filing 376 REPLY to Response to Motion re (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, UNITED STATES' REPLY MEMORANDUM TO EMHART INDUSTRIES, INC'S AND BLACK & DECKER, INC'S OBJECTION TO THE UNITED STATES' MOTION FOR A PROTECTIVE ORDER (in re Topic 5; tactical herbicide testing in New Brunswick, Canada) filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
August 23, 2013 Opinion or Order Filing 375 FOURTH REVISED CASE MANAGEMENT ORDER. So Ordered by Judge William E. Smith on 8/23/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 23, 2013 Opinion or Order TEXT ORDER granting (356) Motion for Extension of Time to Amend in case 1:06-cv-00218-S-LDA; granting (183) Motion for Extension of Time to Amend in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 8/23/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 20, 2013 Opinion or Order Filing 374 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit J Part 2 of 2 to Opposition. (Attachments: #1 Exhibit J Part 1 of 2)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 373 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit I Part 5 of 5. (Attachments: #1 Exhibit I Part 5A of 5)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 372 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit I Part 3 of 5 to Opposition. (Attachments: #1 Exhibit I Part 3A of 5, #2 Exhibit I Part 4 of 5)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 371 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit I Part 1 of 5. (Attachments: #1 Exhibit I Part 2 of 5)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 370 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit D to Opposition. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 369 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit C Part 2 of 2 to Opposition. (Attachments: #1 Exhibit C Part 1 of 2)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 368 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit B Part 6 of 6 to Opposition. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 367 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit B Part 5 of 6. (Attachments: #1 Exhibit B Part 4 of 6)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 366 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit B Part 3 of 6 to Opposition. (Attachments: #1 Exhibit 3A of 6)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 365 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit B Part 2 of 6 to Opposition. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 364 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit B Part 1 of 6 to Opposition. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 20, 2013 Opinion or Order Filing 363 EXHIBIT IN SUPPORT by Black & Decker, Inc., Emhart Industries, Inc in support of (189 in 1:11-cv-00023-S-LDA, 362 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Exhibit A to Opposition. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 19, 2013 Opinion or Order Filing 362 RESPONSE in Opposition re (176 in 1:11-cv-00023-S-LDA, 348 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Prohibiting Emhart from Compelling the United States to Produce a Rule 30(b)(6) Wintess on Tactical Herbicide Testing in New Brunswick, Canada filed by Black & Decker, Inc., Emhart Industries, Inc. (Attachments: #1 Supporting Memorandum, #2 Affidavit of Daniel Procaccini)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
August 16, 2013 Opinion or Order Filing 361 TRANSCRIPT of Motions Proceedings held on August 1, 2013, before Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 9/6/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 11/14/2013. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Clayton, Anne)
August 14, 2013 Opinion or Order Filing 360 REPLY to Response to Motion re (357 in 1:06-cv-00218-S-LDA, 184 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion, filed by The United States of America. (Attachments: #1 Affidavit Declaration of Gretchen Muench)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
August 14, 2013 Opinion or Order Filing 359 TRANSCRIPT REQUEST for proceedings held on 8/1/2013 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
August 12, 2013 Opinion or Order Filing 358 TRANSCRIPT REQUEST for proceedings held on August 1, 2013 before Judge Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Iannotti, Michael)
August 7, 2013 Opinion or Order Filing 357 RESPONSE in Opposition re (169 in 1:11-cv-00023-S-LDA, 341 in 1:06-cv-00218-S-LDA) MOTION for Protective Order to Prevent Depositions of EPA Attorneys filed by Emhart Industries, Inc. (Attachments: #1 Declaration of David E. Cole with Exhibits)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 7, 2013 Opinion or Order Filing 356 Assented MOTION for an Extension of Time to Amend the Pleadings as to Main Claims filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 8/26/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 7, 2013 Opinion or Order Filing 355 AMENDED ANSWER to Crossclaim AFFIRMATIVE DEFENSES AND, CROSSCLAIM against The United States of America by New England Container Company, Inc. (Cervenka, Jennifer)
August 7, 2013 Opinion or Order Filing 354 FOURTH AMENDED ANSWER to #1 Complaint, AFFIRMATIVE DEFENSES AND, COUNTERCLAIM against Emhart Industries, Inc by New England Container Company, Inc.(Cervenka, Jennifer)
August 7, 2013 Opinion or Order Filing 353 CROSSCLAIM against Black & Decker, Inc., filed by New England Container Company, Inc.(Farrell Pletcher, Paula)
August 6, 2013 Opinion or Order Filing 352 TRANSCRIPT REQUEST for proceedings held on 8/1/2013 before Judge Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Kristen)
August 1, 2013 Opinion or Order Oral MOTION to Withdraw (139 in 1:11-cv-00023-S-LDA, 306 in 1:06-cv-00218-S-LDA) Notice (Other),, Notice of Appeal to Magistrate's Order filed by Emhart Industries, Inc. Responses due by 8/19/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
August 1, 2013 Opinion or Order ORAL ORDER granting ORAL Motion to Withdraw in case 1:06-cv-00218-S-LDA; granting ORAL Motion to Withdraw in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 8/1/2013. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
August 1, 2013 Opinion or Order TEXT ORDER granting (325) Motion for Protective Order; granting (327) Motion for Protective Order; granting (328) Motion for Protective Order; granting (329) Motion for Protective Order; denying as premature (331) Motion to Compel; granting (333) Motion for Protective Order; granting (335) Motion for Extension of Time ; granting (338) Motion for Protective Order; denying as as moot (342) Motion in case 1:06-cv-00218-S-LDA; granting (157) Motion for Protective Order; granting (158) Motion for Protective Order; granting (159) Motion for Protective Order; denying as premature (160) Motion to Compel; granting (163) Motion for Extension of Time ; granting (165) Motion for Protective Order; denying as moot (170) Motion ; granting in part and denying in part (123) Motion to Amend/Correct - a revised case management order will be filed and circulated; denying (127) Motion for Protective Order; denying (128) Motion for Protective Order in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 8/1/2013. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
August 1, 2013 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Motion Hearing held on 8/1/2013 re (335 in 1:06-cv-00218-S-LDA, 163 in 1:11-cv-00023-S-LDA) MOTION for an Extension of Time Enlarge Time for Fact Discovery filed by Emhart Industries, Inc, Black & Decker, Inc., (170 in 1:11-cv-00023-S-LDA, 342 in 1:06-cv-00218-S-LDA) MOTION for an Order Compelling the Government to Review the Prior Depositions and Determine Whether it Will Waive Objections on the Ground That It Was Not Present, or Alternatively, to Overrule Such Objections filed by Emhart Industries, Inc, (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case filed by The United States of America, (333 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Quashing Subpoena filed by Cal Chemical Corporation, (325 in 1:06-cv-00218-S-LDA, 157 in 1:11-cv-00023-S-LDA) MOTION for Protective Order filed by Sequa Corporation, (128 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order Regarding Discovery Requests Pertaining to the Corporate Dissolution of Emhart filed by Emhart Industries, Inc., Black & Decker, Inc., (149 in 1:11-cv-00023-S-LDA, 316 in 1:06-cv-00218-S-LDA) MOTION for Protective Order filed by The United States of America, (165 in 1:11-cv-00023-S-LDA, 338 in 1:06-cv-00218-S-LDA) MOTION for Protective Order filed by Eastern Resins Corporation, (159 in 1:11-cv-00023-S-LDA, 328 in 1:06-cv-00218-S-LDA) MOTION for Protective Order on Behalf of the Members of the NECC Customer Group Pursuant to the Terms of the Third Revised Case Management Order filed by CNA Holdings, Inc., (158 in 1:11-cv-00023-S-LDA, 327 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Quashing Subpoena and Forbidding its Deposition, Pursuant to the terms of the third revised Case Management Order filed by Eastern Color & Chemical Co, (331 in 1:06-cv-00218-S-LDA, 160 in 1:11-cv-00023-S-LDA) MOTION to Compel THE UNITED STATES TO COMPLETE THE ADMINISTRATIVE RECORD filed by Emhart Industries, Inc., Emhart Industries, Inc, (329 in 1:06-cv-00218-S-LDA) MOTION for Protective Order filed by Univar USA, Inc., (127 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order to Quash the Rule 30(b)(6) Deposition Notices of the United States filed by Emhart Industries, Inc., Black & Decker, Inc. All counsel of record present. Court addresses. Arguments heard as to the various matters before the court. The Court rules as follows: denied #127 Joint MOTION for Protective Order to Quash the Rule 30(b)(6) Deposition Notices of the United States; denied #128 Joint MOTION for Protective Order Regarding Discovery Requests Pertaining to the Corporate Dissolution of Emhart; granted in part and denied in part #123 MOTION to Amend/Correct 116 Order Regarding Phasing of Case - an amended order will be filed and circulated to all parties (EFC #116 in CA 06-218); granted #157 MOTION for Protective Order (ECF#325 in CA 06-218); granted #158 MOTION for Protective Order Quashing Subpoena and Forbidding its Deposition, Pursuant to the terms of the third revised Case Management Order (ECF #327 in CA 06-218); granted #159 MOTION for Protective Order on Behalf of the Members of the NECC Customer Group Pursuant to the Terms of the Third Revised Case Management Order (ECF #328 in CA 06-218); granted #329 MOTION for Protective Order - CA 06-218; granted #333 MOTION for Protective Order Quashing Subpoena - CA 06-218; granted #165 MOTION for Protective Order (ECF #338 in CA 06-218); denied because it is premature #160 MOTION to Compel The United States to COmplete The Administrative Record (ECF #331 in CA 06-218); granted #163 MOTION for an Extension of Time Enlarge Time for Fact Discovery (ECF #335 in CA 06-218) - revised case management order to be filed; denied as moot #170 MOTION for an Order Compelling the Government to Review the Prior Depositions and Determine Whether it Will Waive Objections on the Ground That It Was Not Present, or Alternatively, to Overrule Such Objections (ECF #342 in CA 06-218). An oral motion is made to withdraw the Appeal of the Magistrate Judge's decision. Motion is granted without prejudice. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 2:10 p.m.) Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Urizandi, Nisshy)
August 1, 2013 Opinion or Order Filing 351 TRANSCRIPT REQUEST for proceedings held on 08/01/2013 before Judge William E. Smith.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 31, 2013 Opinion or Order Filing 350 NOTICE of Appearance by Joseph R. Wasilewski on behalf of Eastern Color & Chemical Company Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Wasilewski, Joseph)
July 31, 2013 Opinion or Order Filing 349 NOTICE of Appearance by Joseph R. Wasilewski on behalf of Eastern Color & Chemical Company (Wasilewski, Joseph)
July 31, 2013 Opinion or Order Filing 348 MOTION for Protective Order PROHIBITING EMHART FROM COMPELLING 30(b)(6) TESTIMONY ON TACTICAL HERBICIDE TESTING/USE IN NEW BRUNSWICK, CANADA, WITH SUPPORTING MEMO filed by Ray Mabus, Leon E. Panetta, The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, Michael B. Donley, Robert M. Gates, Leon E. Panetta. Responses due by 8/19/2013 (Attachments: #1 Supporting Memorandum, #2 Exhibit Attorney Declaration with Exhibits 1 through 5, #3 Exhibit 6 through 8 to the Johnson Declaration, #4 Exhibit 9 through 12 to the Johnson Declaration, #5 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
July 29, 2013 Opinion or Order Filing 347 RESPONSE to Motion re (331 in 1:06-cv-00218-S-LDA) MOTION to Compel THE UNITED STATES TO COMPLETE THE ADMINISTRATIVE RECORD filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
July 29, 2013 Opinion or Order Filing 346 REPLY to Response to Motion re (340 in 1:06-cv-00218-S-LDA, 168 in 1:11-cv-00023-S-LDA) Response in Opposition to Motion,,,, for Protective Order on Behalf of the Members of the NECC Customer Group filed by CNA Holdings, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Short, Winthrop)
July 29, 2013 Opinion or Order Filing 345 RESPONSE to Motion re (335 in 1:06-cv-00218-S-LDA) MOTION for an Extension of Time Enlarge Time for Fact Discovery filed by The United States of America. (Attachments: #1 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
July 29, 2013 Opinion or Order Filing 344 RESPONSE in Opposition re (331 in 1:06-cv-00218-S-LDA) MOTION to Compel THE UNITED STATES TO COMPLETE THE ADMINISTRATIVE RECORD filed by The United States of America. (Attachments: #1 Affidavit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
July 29, 2013 Opinion or Order Filing 343 REPLY to Response to Motion re (340 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,,,, for a Protective Order filed by Univar USA, Inc.. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cleary, Gordon)
July 24, 2013 Opinion or Order Filing 342 MOTION for an Order Compelling the Government to Review the Prior Depositions and Determine Whether it Will Waive Objections on the Ground That It Was Not Present, or Alternatively, to Overrule Such Objections filed by Emhart Industries, Inc. Responses due by 8/12/2013 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 23, 2013 Opinion or Order Filing 341 MOTION for Protective Order to Prevent Depositions of EPA Attorneys WITH SUPPORTING MEMO filed by The United States of America. Responses due by 8/9/2013 (Attachments: #1 Supporting Memorandum Memo in Support, #2 Exhibit Ex. A Letters Between Counsel, #3 Text of Proposed Order Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Carman, Sean)
July 22, 2013 Opinion or Order Filing 340 RESPONSE in Opposition re (325 in 1:06-cv-00218-S-LDA, 157 in 1:11-cv-00023-S-LDA) MOTION for Protective Order , (165 in 1:11-cv-00023-S-LDA, 338 in 1:06-cv-00218-S-LDA) MOTION for Protective Order , (158 in 1:11-cv-00023-S-LDA, 327 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Quashing Subpoena and Forbidding its Deposition, Pursuant to the terms of the third revised Case Management Order, (328 in 1:06-cv-00218-S-LDA, 159 in 1:11-cv-00023-S-LDA) MOTION for Protective Order on Behalf of the Members of the NECC Customer Group Pursuant to the Terms of the Third Revised Case Management Order, (333 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Quashing Subpoena, (329 in 1:06-cv-00218-S-LDA) MOTION for Protective Order , (337 in 1:06-cv-00218-S-LDA) MOTION for Protective Order OMNIBUS OPPOSITION WITH SUPPORTING MEMO filed by Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc.. (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
July 18, 2013 Opinion or Order Filing 339 REPLY to Response to Motion re (320 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,, filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
July 18, 2013 Opinion or Order Filing 338 MOTION for Protective Order filed by Eastern Resins Corporation. Responses due by 8/5/2013 (Attachments: #1 Supporting Memorandum in Support of Motion for Protective Order, #2 Exhibit A to Memorandum, #3 Exhibit B to Memorandum, #4 Exhibit C to Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(O'Connor, Christopher)
July 18, 2013 Opinion or Order Filing 337 MOTION for Protective Order filed by Eastern Resins Corporation. Responses due by 8/5/2013 (Attachments: #1 Supporting Memorandum in Support of Motion for Protective Order, #2 Exhibit A to Memorandum, #3 Exhibit B to Memorandum, #4 Exhibit C to Memorandum)(O'Connor, Christopher)
July 18, 2013 Opinion or Order Filing 336 REPLY to Response to Motion re (152 in 1:11-cv-00023-S-LDA, 319 in 1:06-cv-00218-S-LDA) Reply to Response to Motion, Surreply Concerning Government's Motion to Amend The Case Management Order filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 18, 2013 Opinion or Order TEXT ORDER granting (321) Motion to Appear Pro Hac Vice of Andrew W. Daniels in case 1:06-cv-00218-S-LDA; granting (154) Motion to Appear Pro Hac Vice of Andrew W. Daniels in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 7/18/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 18, 2013 Opinion or Order NOTICE of Hearing on Motions: (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case, (128 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order Regarding Discovery Requests Pertaining to the Corporate Dissolution of Emhart, (127 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order to Quash the Rule 30(b)(6) Deposition Notices of the United States, (149 in 1:11-cv-00023-S-LDA, 316 in 1:06-cv-00218-S-LDA) MOTION for Protective Order, (158 in 1:11-cv-00023-S-LDA, 327 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Quashing Subpoena and Forbidding its Deposition, Pursuant to the terms of the third revised Case Management Order, (157 in 1:11-cv-00023-S-LDA, 325 in 1:06-cv-00218-S-LDA) MOTION for Protective Order , (159 in 1:11-cv-00023-S-LDA, 328 in 1:06-cv-00218-S-LDA) MOTION for Protective Order on Behalf of the Members of the NECC Customer Group Pursuant to the Terms of the Third Revised Case Management Order, (160 in 1:11-cv-00023-S-LDA, 331 in 1:06-cv-00218-S-LDA) MOTION to Compel THE UNITED STATES TO COMPLETE THE ADMINISTRATIVE RECORD , (163 in 1:11-cv-00023-S-LDA, 335 in 1:06-cv-00218-S-LDA) MOTION for an Extension of Time Enlarge Time for Fact Discovery, and (329 in 1:06-cv-00218-S-LDA) MOTION for Protective Order: UPDATED Notice of Motion Hearing scheduled for 8/1/2013 at 2:00 PM in Courtroom 2 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 18, 2013 Opinion or Order TEXT ORDER granting (332) Motion for Extension of Time to File Response/Reply ; granting (334) Motion for Leave to File Surreply Concerning the Case Management Order in case 1:06-cv-00218-S-LDA; granting (161) Motion for Extension of Time to File Response/Reply ; granting (162) Motion for Leave to File Surreply Concerning the Case Management Order in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 7/18/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 17, 2013 Opinion or Order Filing 335 MOTION for an Extension of Time Enlarge Time for Fact Discovery filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 8/5/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 16, 2013 Opinion or Order Filing 334 MOTION for Leave to File A Surreply Concerning The Case Management Order filed by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 8/2/2013 (Attachments: #1 Text of Proposed Order Proposed Surreply Concerning Government's Motion to Amend Case Management Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 16, 2013 Opinion or Order Filing 333 MOTION for Protective Order Quashing Subpoena With Supporting Memo filed by Cal Chemical Corporation. Responses due by 8/2/2013 (Attachments: #1 Exhibit A, Subpoena)(Brenner, Jeffrey)
July 15, 2013 Opinion or Order Filing 332 Assented MOTION for an Extension of Time to File Response/Reply as to (320 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion,, along with Reply Memorandum filed by The United States of America. Responses due by 8/1/2013 (Attachments: #1 Exhibit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
July 11, 2013 Opinion or Order Filing 331 MOTION to Compel THE UNITED STATES TO COMPLETE THE ADMINISTRATIVE RECORD WITH SUPPORTING MEMO filed by Emhart Industries, Inc, Emhart Industries, Inc.. Responses due by 7/29/2013 (Attachments: #1 Supporting Memorandum Memorandum of Law, #2 Exhibit Exhibit 1)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
July 10, 2013 Opinion or Order Filing 330 DECLARATION re #329 MOTION for Protective Order by Univar USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cleary, Gordon)
July 10, 2013 Opinion or Order Filing 329 MOTION for Protective Order WITH SUPPORTING MEMO filed by Univar USA, Inc.. Responses due by 7/29/2013 (Cleary, Gordon)
July 9, 2013 Opinion or Order TEXT ORDER granting (322) Motion for Extension of Time to Amend ; granting (323) Motion for Extension of Time to Amend in case 1:06-cv-00218-S-LDA; granting (155) Motion for Extension of Time to Amend ; granting (156) Motion for Extension of Time to Amend in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 7/9/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 8, 2013 Opinion or Order Filing 328 MOTION for Protective Order on Behalf of the Members of the NECC Customer Group Pursuant to the Terms of the Third Revised Case Management Order by CNA Holdings, Inc.. Responses due by 7/25/2013 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Short, Winthrop)
July 8, 2013 Opinion or Order Filing 327 MOTION for Protective Order Quashing Subpoena and Forbidding its Deposition, Pursuant to the terms of the third revised Case Management Order by Eastern Color & Chemical Co. Responses due by 7/25/2013 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Benik, Gregory)
July 8, 2013 Opinion or Order Filing 326 APPLICATION FOR ADMISSION PRO HAC VICE re #321 MOTION for Andrew W. Daniels to Appear Pro Hac Vice NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Urizandi, Nisshy)
July 3, 2013 Opinion or Order Filing 325 MOTION for Protective Order With Supporting Memo by Sequa Corporation. Responses due by 7/22/2013 (Attachments: #1 Supporting Memorandum Memorandum In Support of Third-Party Defendant Sequa Corporation's Motion to Enforce the Stay and Quash Subpoenas, #2 Exhibit Exhibit A to Memo in Support, #3 Exhibit Exhibit B to Memo in Support)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Hutchison, Warren)
July 3, 2013 Opinion or Order Filing 324 ORDER: The Court hereby appoints Dr. William M. Risen, Jr. as its technical advisor nunc pro tunc to April 19, 2013. So Ordered by Judge William E. Smith on 7/3/2013. (Urizandi, Nisshy)
July 3, 2013 Opinion or Order Filing 323 Amended MOTION for an Extension of Time to Amend Pleadings by New England Container Company, Inc. Responses due by 7/22/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
July 3, 2013 Opinion or Order Filing 322 MOTION for an Extension of Time to Amend Pleadings by New England Container Company, Inc. Responses due by 7/22/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
July 2, 2013 Opinion or Order Filing 321 MOTION for Andrew W. Daniels to Appear Pro Hac Vice by Sequa Corporation. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Hutchison, Warren)
July 1, 2013 Opinion or Order Filing 320 RESPONSE in Opposition re (149 in 1:11-cv-00023-S-LDA, 316 in 1:06-cv-00218-S-LDA) MOTION for Protective Order MEMORANDUM IN OPPOSITION TO MOTION OF UNITED STATES OF AMERICA FOR A PROTECTIVE ORDER LIMITING DISCOVERY AND THE SCOPE OF REVIEW filed by Black & Decker, Inc., Emhart Industries, Inc, Emhart Industries, Inc.. (Attachments: #1 Affidavit Declaration of David E. Cole, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
June 27, 2013 Opinion or Order Filing 319 REPLY to Response to Motion re (147 in 1:11-cv-00023-S-LDA, 314 in 1:06-cv-00218-S-LDA) Response to Motion, (148 in 1:11-cv-00023-S-LDA, 315 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, Reply Memorandum in Support of United States' Motion to Amend Case Management Order with Respect to Phasing of the Case filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Levin, Joshua)
June 19, 2013 Opinion or Order TEXT ORDER granting (313) Joint MOTION to Amend Order and to Extend Deadlines for Expert Discovery (Unopposed) in case 1:06-cv-00218-S-LDA; granting (146) Joint MOTION to Amend Order and to Extend Deadlines for Expert Discovery (Unopposed) in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 6/19/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 17, 2013 Opinion or Order Filing 318 DECLARATION re (316 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Part 2 by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
June 17, 2013 Opinion or Order Filing 317 DECLARATION re (316 in 1:06-cv-00218-S-LDA) MOTION for Protective Order Part 1 by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
June 17, 2013 Opinion or Order Filing 316 MOTION for Protective Order With Supporting Memo by The United States of America. Responses due by 7/5/2013 (Attachments: #1 Supporting Memorandum, #2 Text of Proposed Order, #3 Affidavit Certificate of Service)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
June 17, 2013 Opinion or Order NOTICE of Hearing: Motion Hearing re: #139 Appeal of Magistrate Judge's Order will be heard with the previously scheduled hearing on 8/1/2013 at 2:00 PM in Courtroom 2 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
June 6, 2013 Opinion or Order Filing 315 RESPONSE in Opposition re (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case filed by Black & Decker, Inc.. (Attachments: #1 Affidavit Van P. Hilderbrand, Jr., #2 Exhibit 1, #3 Exhibit 2)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
June 6, 2013 Opinion or Order Filing 314 RESPONSE to Motion re (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case filed by New England Container Company, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
May 30, 2013 Opinion or Order Filing 313 Joint MOTION to Amend/Correct (141 in 1:11-cv-00023-S-LDA, 308 in 1:06-cv-00218-S-LDA) Order to Extend Deadlines for Expert Discovery (Unopposed) by The United States of America. Responses due by 6/17/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
May 30, 2013 Opinion or Order TEXT ORDER granting (310) Motion for Extension of Time to File Response/Reply re: (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case ; granting (311) Motion for Extension of Time to File Response/Reply re: (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case in case 1:06-cv-00218-S-LDA; granting (143) Motion for Extension of Time to File Response/Reply re: (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case ; granting (144) Motion for Extension of Time to File Response/Reply re: (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case in case 1:11-cv-00023-S-LDA; NECC's, Emhart's and Black & Decker's Responses due by 6/6/2013, the United States' Reply due by 6/27/2013.. So Ordered by Judge William E. Smith on 5/30/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 28, 2013 Opinion or Order Filing 312 REPLY to Response to Motion re (309 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, In Support of Emhart's Appeal from Magistrate Judge's Order Denying Emhart's Motion to Compel Government to Answer Interrogatory Nos. 1, 2 and 3 filed by Emhart Industries, Inc. (Attachments: #1 Exhibit Declaration of Rachelle R. Green, Esq.)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 24, 2013 Opinion or Order Filing 311 Assented MOTION for an Extension of Time to File Response/Reply to United States' Motion to Amend the Second Revised Case Management Order by Black & Decker, Inc., Emhart Industries, Inc. Responses due by 6/10/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 22, 2013 Opinion or Order Filing 310 MOTION for an Extension of Time to File Response/Reply as to (123 in 1:11-cv-00023-S-LDA) MOTION to Amend/Correct (116) Order Regarding Phasing of Case by New England Container Company, Inc. Responses due by 6/10/2013 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
May 22, 2013 Opinion or Order NOTICE of Hearing on (127 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order to Quash the Rule 30(b)(6) Deposition Notices of the United States, and (128 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order Regarding Discovery Requests Pertaining to the Corporate Dissolution of Emhart : Motion Hearing scheduled for 8/1/2013 at 2:00 PM in Courtroom 2 before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 20, 2013 Opinion or Order Filing 309 RESPONSE in Opposition re (122 in 1:11-cv-00023-S-LDA) MOTION to Compel The Government to Answer Emhart's Interrogatories 1, 2, and 3 Appeal of the Magistrate Judge's Order Denying Motion to Compel filed by The United States of America. (Attachments: #1 Exhibit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
May 15, 2013 Opinion or Order Filing 308 THIRD REVISED CASE MANAGEMENT ORDER. So Ordered by Judge William E. Smith on 5/15/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
May 13, 2013 Opinion or Order Filing 307 REPLY to Response to Motion re (135 in 1:11-cv-00023-S-LDA, 301 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, filed by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
May 13, 2013 Opinion or Order Filing 306 NOTICE by Black & Decker, Inc., Emhart Industries, Inc re (132 in 1:11-cv-00023-S-LDA) Order on Motion to Compel Notice of Appeal of The Magistrate Judge's Order Denying Emhart's Motionto Compel the Government to Answer Interrogatories 1, 2,and 3 (Attachments: #1 Supporting Memorandum, #2 Affidavit Declaration of David Cole, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 13, 2013 Opinion or Order CORRECTIVE DOCKET ENTRY re: #304 Reply to Response to Motion. Document filed in duplicate. See Document #305 (Farrell Pletcher, Paula)
May 10, 2013 Opinion or Order Filing 305 REPLY to Response to Motion re (302 in 1:06-cv-00218-S-LDA) Response in Opposition to Motion, filed by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
May 10, 2013 Opinion or Order Filing 304 REPLY to Response to Motion re #302 Response in Opposition to Motion, filed by Black & Decker, Inc., Emhart Industries, Inc. (McMasters, Byron)
May 7, 2013 Opinion or Order Filing 303 NOTICE by Black & Decker, Inc., Emhart Industries, Inc re (299 in 1:06-cv-00218-S-LDA) Notice (Other), Response to the United States' Submission Regarding the Court-Appointed Expert Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
May 6, 2013 Opinion or Order Filing 302 RESPONSE in Opposition re (127 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order to Quash the Rule 30(b)(6) Deposition Notices of the United States filed by The United States of America. (Attachments: #1 Affidavit Declaration of Patrick B. Bryan)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bryan, Patrick)
May 6, 2013 Opinion or Order Filing 301 RESPONSE in Opposition re (128 in 1:11-cv-00023-S-LDA) Joint MOTION for Protective Order Regarding Discovery Requests Pertaining to the Corporate Dissolution of Emhart filed by The United States of America. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
May 3, 2013 Opinion or Order Filing 300 STIPULATION for Amendment of Second Revised Case Management Order by All Parties. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Kristen)
May 3, 2013 Opinion or Order Filing 299 NOTICE by United States Department of Defense, United States Department of the Air Force, United States Department of the Navy in re court appointed technical addvisor; Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Johnson, William)
April 30, 2013 Opinion or Order TEXT ORDER granting (298) Motion for Extension of Time to Amend in case 1:06-cv-00218-S-LDA; granting (130) Motion for Extension of Time to Amend in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 4/30/13. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
April 26, 2013 Opinion or Order Cases associated: Create association to 1:11-cv-00023-S-LDA. (Jackson, Ryan)
April 25, 2013 Opinion or Order Filing 298 Joint MOTION for an Extension of Time to Amend the Second Revised Case Managment Order (Dkt. #123) and for the United States to File its Reply Memorandum by Black & Decker, Inc., Emhart Industries, Inc, New England Container Company, Inc. Responses due by 5/13/2013 (Green, Rachelle)
April 22, 2013 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Status Conference held on 4/22/2013; counsel present: J. Pirozzoli, R. Green; J. Peloso, J. Ray, M. Baroni, T. McDemott; S. Bauer, P. Bryan, E. Vaudo; K. Sheridan; counsel present via teleconference: D. Cole; J. Ferolli; J. MacLoughlin, s. Carman, J. Levin, L. Bedig; G. Edsel; D. Johnson; D. Graham, H. Grubbs (Jackson, Ryan)
April 4, 2013 Opinion or Order TEXT ORDER Entering ( #121 in 1:11-cv-00023-S-LDA) Notice of Voluntary Dismissal filed by New England Container Company, Inc. as to Tanner Industries, Inc. So Ordered by Judge William E. Smith on 4/4/13. (Jackson, Ryan)
March 26, 2013 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Telephone Conference held on 3/26/2013; counsel present on call: J. Pirozzolo, D. Cole, J. Follett, R. Green; J. Peloso, J. Ray, M. Baroni; P. Bryan, L. Bedig, E. Vaudo; G. Cleary; D. Graham; G. Benik; J. Ferolli, K. Sherman; H. Grubbs; C. O'Connor; J. McGair (Jackson, Ryan)
March 15, 2013 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 3/26/2013 at 2:00 PM before Judge William E. Smith; call-in procedures will be forwarded to counsel by the Deputy Clerk via email. (Jackson, Ryan)
January 11, 2013 Opinion or Order TEXT ORDER granting #294 Motion to Appear Pro Hac Vice of Robert D. Fox. So Ordered by Judge William E. Smith on 1/11/13. (Jackson, Ryan)
January 11, 2013 Opinion or Order NOTICE of Hearing: Status Conference scheduled for 4/19/2013 at 2:00 PM in Chambers before Judge William E. Smith. (Jackson, Ryan)
January 2, 2013 Opinion or Order Filing 297 SECOND REVISED CASE MANAGEMENT ORDER; Order entering re: (114 in 1:11-cv-00023-S-LDA) Stipulation by all parties. So Ordered by Judge William E. Smith on 1/2/13. (Jackson, Ryan)
January 2, 2013 Opinion or Order TEXT ORDER granting #283 Motion to Appear Pro Hac Vice of Michelle Ulick Rosenthal; granting #284 Motion to Appear Pro Hac Vice of Benjamin J. Stone. So Ordered by Judge William E. Smith on 1/2/13. (Jackson, Ryan)
January 2, 2013 Opinion or Order TEXT ORDER Entering #296 Stipulation to Extend Time to Answer Third-Party Complaint filed by Tanner Industries, NECC, Inc. So Ordered by Judge William E. Smith on 1/2/13. (Jackson, Ryan)
January 2, 2013 Opinion or Order Reset Deadlines: Tanner Industries answer due 1/22/2013. (Jackson, Ryan)
December 27, 2012 Opinion or Order RESCHEDULING NOTICE of Hearing: Motion Hearing (85 Motion to Compel in 1:11cv23S) RESCHEDULED for 1/29/2013 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.) MOVED FROM 1/3/2013. (Noel, Jeannine)
December 27, 2012 Opinion or Order TEXT ORDER entering re #296 Stipulation filed by Tanner Industries. Third Party defandant, Tanner Industries, Inc. shall have to and through January 22, 2013 to respond to the Third-Party Complaint. So Ordered by Judge William E. Smith on 12/27/2012. (Urizandi, Nisshy)
December 21, 2012 Opinion or Order TEXT ORDER granting #278 Motion to Appear Pro Hac Vice of Ruth H. Silman. So Ordered by Judge William E. Smith on 12/21/12. (Jackson, Ryan)
December 19, 2012 Opinion or Order Filing 296 STIPULATION re #289 Stipulation to Extend Time to Answer Third-Party Complaint by Tanner Industries. (McGair, Joseph)
December 19, 2012 Opinion or Order Filing 295 APPLICATION FOR ADMISSION PRO HAC VICE re #294 MOTION for Robert D. Fox to Appear Pro Hac Vice by Tanner Industries. (Urizandi, Nisshy)
December 19, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Telephone Conference held on 12/19/2012; counsel present on teleconference call: J. Pirozzolo, D. Cole, J. Follett, R. Green; J. MacLaughlin, S. Bauer, L. Bedig, D. Johnson; J. Sun, E. Vaudo; J. Ferroli; J. Peloso, J. Ray, M. Baroni; D. Graham, H. Grubbs; K. Sherman, J. McGair; C. O'Connor; J. Brenner; G. Cleary. (Jackson, Ryan)
December 18, 2012 Opinion or Order Filing 294 MOTION for Robert D. Fox to Appear Pro Hac Vice by Tanner Industries. (McGair, Joseph)
December 17, 2012 Opinion or Order Filing 293 Corporate Disclosure Statement by Eastern Resins Corporation. (O'Connor, Christopher)
December 17, 2012 Opinion or Order Filing 292 ANSWER to Third Party Complaint by Eastern Resins Corporation. (O'Connor, Christopher)
December 17, 2012 Opinion or Order NOTICE of Hearing: Telephone Conference re: #99 Joint Submission Regarding Schedule, Phasing, and Mediation scheduled for 12/19/2012 at 11:00 AM in Chambers before Judge William E. Smith; call-in instructions will be emailed to all counsel of record. (Jackson, Ryan)
December 17, 2012 Opinion or Order TEXT ORDER Entering (291 in 1:06-cv-00218-S-LDA) Stipulation to Extend Time for 3rd Party Defendant to Respond to 3rd Party Complaint filed by Eastern Color & Chemical Company, NECC. So Ordered by Judge William E. Smith on 12/17/12. (Jackson, Ryan)
December 17, 2012 Opinion or Order Reset Deadlines: Eastern Color & Chemical Company 3rd Part Complaint answer due 1/11/2013. (Jackson, Ryan)
December 13, 2012 Opinion or Order Filing 291 STIPULATION to Extend Time for 3rd Party Defendant to Respond to 3rd Party Complaint by Eastern Color & Chemical Company. (Benik, Gregory)
December 13, 2012 Opinion or Order Filing 290 NOTICE of Appearance by Gregory L. Benik on behalf of Eastern Color & Chemical Company (Benik, Gregory)
December 13, 2012 Opinion or Order Reset Deadlines: Tanner Industries answer due 12/28/2012. (Jackson, Ryan)
December 13, 2012 Opinion or Order TEXT ORDER Entering #286 Stipulation Extending Time for Answer/Response filed by Tanner Industries, Third-Party Plaintiff NECC in 1:06-cv-00218-S-LDA. So Ordered by Judge William E. Smith on 12/13/12. (Jackson, Ryan)
December 12, 2012 Opinion or Order Filing 289 STIPULATION re #286 Stipulation to Extend TIme to Respond to Third-Party Complaint by Tanner Industries. (McGair, Joseph)
December 12, 2012 Opinion or Order NOTICE of Hearing on Motion (85 in 1:11-cv-00023-S-LDA) MOTION to Compel Responsive Answers to Interrogatories from United States of America : Motion Hearing set for 1/3/2013 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
December 10, 2012 Opinion or Order Filing 286 STIPULATION by Tanner Industries. (McGair, Joseph)
December 10, 2012 Opinion or Order Filing 285 NOTICE of Appearance by Joseph J. McGair on behalf of Tanner Industries (McGair, Joseph)
December 7, 2012 Opinion or Order Filing 288 APPLICATION FOR ADMISSION PRO HAC VICE re #284 MOTION for Benjamin J. Stone to Appear Pro Hac Vice by Univar USA, Inc.. (Urizandi, Nisshy)
December 7, 2012 Opinion or Order Filing 287 APPLICATION FOR ADMISSION PRO HAC VICE re #283 MOTION for Michelle Ulick Rosenthal to Appear Pro Hac Vice by Univar USA, Inc.. (Urizandi, Nisshy)
December 7, 2012 Opinion or Order Filing 284 MOTION for Benjamin J. Stone to Appear Pro Hac Vice by Univar USA, Inc.. (Cleary, Gordon)
December 7, 2012 Opinion or Order Filing 283 MOTION for Michelle Ulick Rosenthal to Appear Pro Hac Vice by Univar USA, Inc.. (Cleary, Gordon)
December 5, 2012 Opinion or Order TEXT ORDER Entering #275 Stipulation to Extend Time for Third Party Defendant Eastern Color & Chemical Company to Respond to Third Party Complaint filed by Eastern Color & Chemical Company; #281 Stipulation To Extend Time for Third-party Defendant Univar USA, Inc. to Respond to Second Third-party Complaint filed by Univar USA, Inc., New England Container Company, Inc.; #277 Stipulation to Extend Time filed by Eastern Resins Corporation. So Ordered by Judge William E. Smith on 12/5/12. (Jackson, Ryan)
December 4, 2012 Opinion or Order Filing 282 NOTICE of Appearance by Christopher J. O'Connor on behalf of Eastern Resins Corporation (O'Connor, Christopher)
November 30, 2012 Opinion or Order Filing 281 STIPULATION To Extend Time for Third-party Defendant Univar USA, Inc. to Respond to Second Third-party Complaint by New England Container Company, Inc, Univar USA, Inc.. (Cleary, Gordon)
November 30, 2012 Opinion or Order Filing 280 NOTICE of Appearance by Gordon P. Cleary on behalf of Univar USA, Inc. (Cleary, Gordon)
November 30, 2012 Opinion or Order Motion Forwarded to Chambers (95 in 1:11-cv-00023-S-LDA, 95 in 1:11-cv-00023-S-LDA) MOTION for an Extension of Time to File MOTION for an Extension of Time 2 week extension to potentially join 1 additional third party , (96 in 1:11-cv-00023-S-LDA) Amended MOTION for an Extension of Time 2 weeks to potentially join 1 additional third party FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
November 29, 2012 Opinion or Order Filing 279 APPLICATION FOR ADMISSION PRO HAC VICE re #278 MOTION for Ruth H. Silman to Appear Pro Hac Vice by Cal Chemical Corporation. (Urizandi, Nisshy)
November 28, 2012 Opinion or Order Filing 278 MOTION for Ruth H. Silman to Appear Pro Hac Vice by Cal Chemical Corporation. (Brenner, Jeffrey)
November 27, 2012 Opinion or Order Filing 277 STIPULATION to Extend Time by Eastern Resins Corporation. (O'Connor, Christopher)
November 27, 2012 Opinion or Order Filing 276 Corporate Disclosure Statement by Cal Chemical Corporation. (Brenner, Jeffrey)
November 27, 2012 Opinion or Order Filing 275 STIPULATION to Extend Time for Third Party Defendant Eastern Color & Chemical Company to Respond to Third Party Complaint by Eastern Color & Chemical Company. (Benik, Gregory)
November 26, 2012 Opinion or Order Filing 274 ANSWER to #261 Third Party Complaint, by Cal Chemical Corporation.(Brenner, Jeffrey)
November 20, 2012 Opinion or Order Filing 273 NOTICE of Appearance by Jeffrey S. Brenner on behalf of Cal Chemical Corporation (Brenner, Jeffrey)
November 20, 2012 Opinion or Order TEXT ORDER granting (195) Motion for Protective Order in case 1:06-cv-00218-S-LDA; granting (82) Motion for Protective Order in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 11/20/12. (Jackson, Ryan)
November 20, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Telephone Conference held on 11/20/2012; counsel present on teleconference: J. Pirozzolo, D. Cole, J. Follett, R. Green; J. Peloso, J. Ray, J. Cervenka, M. Baron; K. Hines; R. Kole; J. Levin, J. MacLaughlin, S. Bauer, L. Bedig, P. Bryan; E. Vaudo, J. Sun; J. Ferroli, T. White; D. Graham, H. Grubbs; B. Stone, M. Rosenthal (Jackson, Ryan).
November 19, 2012 Opinion or Order Filing 272 SUMMONS Returned Executed by New England COntainer Company, Inc. Woburn Steel Drum, Inc. served on 11/15/2012, answer due 12/6/2012. (Cervenka, Jennifer) Modified on 11/19/2012: modified filer (Jackson, Ryan).
November 19, 2012 Opinion or Order Motion Forwarded to Chambers (82 in 1:11-cv-00023-S-LDA, 266 in 1:06-cv-00218-S-LDA) Assented MOTION for Protective Order Concerning Confidential Information and Documents FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
November 19, 2012 Opinion or Order TEXT ORDER in case 1:06-cv-00218-S-LDA, 1:11-cv-00023-S-LDA; granting (81) Motion to Appear Pro Hac Vice of John Ferroli. So Ordered by Judge William E. Smith on 11/19/12. (Jackson, Ryan)
November 16, 2012 Opinion or Order TEXT ORDER granting #263 Motion for Extension of Time. So Ordered by Judge William E. Smith on 11/16/12. (Jackson, Ryan)
November 15, 2012 Opinion or Order Filing 271 SUMMONS Returned Executed by New England Container Company, Inc. Tanner Industries served on 11/8/2012, answer due 11/29/2012. (Cervenka, Jennifer)
November 15, 2012 Opinion or Order Filing 270 SUMMONS Returned Executed by New England Container Company, Inc. Northeast Products Co. served on 11/2/2012, answer due 11/23/2012. (Cervenka, Jennifer)
November 15, 2012 Opinion or Order Filing 269 SUMMONS Returned Executed by New England Container Company, Inc. Eastern Color & Chemical Company served on 11/6/2012, answer due 11/27/2012. (Cervenka, Jennifer)
November 15, 2012 Opinion or Order Filing 268 SUMMONS Returned Executed by New England Container Company, Inc. Eastern Resins Corporation served on 11/6/2012, answer due 11/27/2012. (Cervenka, Jennifer)
November 15, 2012 Opinion or Order Filing 267 SUMMONS Returned Executed by New England Container Company, Inc. Cal Chemical Corporation served on 11/6/2012, answer due 11/27/2012. (Cervenka, Jennifer) Modified on 11/15/2012: corrected service date and answer due date at request of the filing party (Jackson, Ryan).
November 14, 2012 Opinion or Order Filing 266 Assented MOTION for Protective Order Concerning Confidential Information and Documents by The United States of America. Responses due by 12/3/2012 (Attachments: #1 Text of Proposed Order)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(MacLaughlin, Jerome)
November 14, 2012 Opinion or Order Motion Forwarded to Chambers (263 in 1:06-cv-00218-S-LDA) MOTION for an Extension of Time to Potentially Join Additional Party , (76 in 1:11-cv-00023-S-LDA) MOTION for an Extension of Time to Potentially Join Additional Party FORWARDED to Chambers of Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
November 9, 2012 Opinion or Order Filing 265 NOTICE by Black & Decker, Inc., Emhart Industries, Inc re (264 in 1:06-cv-00218-S-LDA) Jury Demand Corrected Demand for Trial by Jury Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
November 9, 2012 Opinion or Order Filing 264 DEMAND for Trial by Jury by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
November 9, 2012 Opinion or Order Filing 263 MOTION for an Extension of Time to Potentially Join Additional Party by New England Container Company, Inc. Responses due by 11/26/2012 (Cervenka, Jennifer)
November 6, 2012 Opinion or Order Filing 262 NOTICE of Appearance by Kristen W. Sherman on behalf of Eli Lilly and Company Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Sherman, Kristen)
November 2, 2012 Opinion or Order Summons Issued as to Cal Chemical Corporation, Eastern Color & Chemical Company, Eastern Resins Corporation, Northeast Products Co., Tanner Industries, Woburn Steel Drum, Inc.. (Jackson, Ryan)
November 1, 2012 Opinion or Order TEXT ORDER granting NECC's (260) Motion for Extension of Time in case 1:06-cv-00218-S-LDA to join additional third parties. So Ordered by Judge William E. Smith on 11/1/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 31, 2012 Opinion or Order Motion Forwarded to Chambers #260 MOTION for an Extension of Time 2 weeks to potentially join 5 additional third parties to consolidated cases FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
October 30, 2012 Opinion or Order Filing 261 THIRD PARTY COMPLAINT against Cal Chemical Corporation, Eastern Resins Corporation, Eastern Color & Chemical Company, Tanner Industries, Northeast Products Co., Woburn Steel Drum, Inc., filed by New England Container Company, Inc.(Cervenka, Jennifer)
October 26, 2012 Opinion or Order Filing 260 MOTION for an Extension of Time 2 weeks to potentially join 5 additional third parties to consolidated cases by New England Container Company, Inc. Responses due by 11/13/2012 (Cervenka, Jennifer)
October 23, 2012 Opinion or Order Filing 259 NOTICE of Appearance by Laurel A. Bedig on behalf of Michael B. Donley, Ray Mabus, Leon E. Panetta, The United States of America, United States Department of Defense, United States Department of the Air Force, United States Department of the Navy, Robert M. Gates, Leon E. Panetta Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bedig, Laurel)
October 17, 2012 Opinion or Order Filing 258 Reply to Counterclaim Answer and Affirmative Defenses to Defendants' Amended Counterclaims by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
October 17, 2012 Opinion or Order Filing 257 AMENDED COMPLAINT Second Amended Complaint against United States Department of the Air Force, filed by Emhart Industries, Inc.Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
October 17, 2012 Opinion or Order TEXT ORDER Entering (68 in 1:11-cv-00023-S-LDA, 256 in 1:06-cv-00218-S-LDA) Stipulation to Extend Deadlines filed by Emhart Industries, Inc, Black & Decker, Inc.. So Ordered by Judge William E. Smith on 10/17/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 16, 2012 Opinion or Order Reset Hearings re: Notice of Telephone Conference RE-SCHEDULED for 11/20/2012 at 2:30 PM in Chambers before Judge William E. Smith; this office will initiate the call, please provide contact numbers to the clerk prior to the date of the conference. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 12, 2012 Opinion or Order Filing 256 STIPULATION re (66 in 1:11-cv-00023-S-LDA, 66 in 1:11-cv-00023-S-LDA) Answer to Amended Complaint, Counterclaim,, (64 in 1:11-cv-00023-S-LDA) Third Party Complaint (Extending Deadlines) by Black & Decker, Inc., Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
October 3, 2012 Opinion or Order TEXT ORDER granting (255) Motion for Extension of Time of Deadline for Joinder of Certain Third Parties by the United States up to and including 10/29/12 in case 1:06-cv-00218-S-LDA; granting #63 Motion for Extension of Time of Deadline for Joinder of Certain Third Parties by the United States up to and including 10/29/12 in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 10/3/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
October 1, 2012 Opinion or Order Motion Forwarded to Chambers (255 in 1:06-cv-00218-S-LDA, #63 in 1:11-cv-00023-S-LDA) Assented MOTION for an Extension of Time Extending Deadline For Joinder of Certain Third Parties FORWARDED to Chambers of Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 28, 2012 Opinion or Order Filing 255 Assented MOTION for an Extension of Time Extending Deadline For Joinder of Certain Third Parties by The United States of America. Responses due by 10/15/2012 (Attachments: #1 Cert. of Service)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Bauer, Scott)
September 18, 2012 Opinion or Order Filing 254 RESPONSE in Opposition re (246 in 1:06-cv-00218-S-LDA) MOTION to Strike Supplemental Expert Report of James R. Kittrell Emhart's Sur-Reply in Opposition to NECC's Motion to Strike Dr. Kittrell's Supplemental Expert Report filed by Emhart Industries, Inc. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
September 18, 2012 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 11/20/2012 at 3:30 PM in Chambers before Judge William E. Smith; this office will initiate the call, please provide contact numbers to the clerk prior to the date of the conference. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 14, 2012 Opinion or Order TEXT ORDER granting (253) Motion for Leave to File in case 1:06-cv-00218-S-LDA; granting (61) Motion for Leave to File in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 9/14/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 12, 2012 Opinion or Order Filing 253 MOTION for Leave to File to File a Sur-Reply in Opposition to NECC's Motion to Strike Dr. Kittrell's Supplemental Expert Report with Supporting Memorandum by Emhart Industries, Inc. Responses due by 10/1/2012 (Attachments: #1 Supporting Memorandum, #2 Exhibit)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
September 12, 2012 Opinion or Order Motion Forwarded to Chambers (61 in 1:11-cv-00023-S-LDA, 253 in 1:06-cv-00218-S-LDA) MOTION for Leave to File to File a Sur-Reply in Opposition to NECC's Motion to Strike Dr. Kittrell's Supplemental Expert Report FORWARDED to Chambers of Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 11, 2012 Opinion or Order Motion Forwarded to Chambers (55 in 1:11-cv-00023-S-LDA, 246 in 1:06-cv-00218-S-LDA) MOTION to Strike Supplemental Expert Report of James R. Kittrell FORWARDED to Chambers of Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
September 7, 2012 Opinion or Order Filing 252 REPLY to Response to Motion re #250 Response in Opposition to Motion, filed by New England Container Company, Inc. (Cervenka, Jennifer)
August 29, 2012 Opinion or Order TEXT ORDER granting #251 Motion for Extension of Time to File Response/Reply re #246 MOTION to Strike Supplemental Expert Report of James R. Kittrell Set/Reset Deadlines: ( Replies due by 9/7/2012.). So Ordered by Judge William E. Smith on 8/29/12. (Farrell Pletcher, Paula)
August 23, 2012 Opinion or Order Motion Forwarded to Chambers (251 in 1:06-cv-00218-S-LDA, 60 in 1:11-cv-00023-S-LDA) Assented MOTION for an Extension of Time to File Response/Reply FORWARDED to Chambers of Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 21, 2012 Opinion or Order Filing 251 Assented MOTION for an Extension of Time to File Response/Reply by New England Container Company, Inc. Responses due by 9/7/2012 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
August 20, 2012 Opinion or Order Filing 250 RESPONSE in Opposition re (246 in 1:06-cv-00218-S-LDA) MOTION to Strike Supplemental Expert Report of James R. Kittrell Emhart's Opposition to NECC's Motion to Strike Dr. Kittrell's Supplemental Expert Report filed by Emhart Industries, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
August 16, 2012 Opinion or Order Filing 249 TEXT ORDER Updating Deadlines established in the #247 Revised Case Management Order and pursuant to the attached letter dated 8/10/12 from John F.X. Peloso, Jr.: Defendant NECC to provide third parties likely to be joined with agreed-upon packet of discovery on or before 8/31/12. So Ordered by Judge William E. Smith on 8/16/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 6, 2012 Opinion or Order TEXT ORDER granting (248) Motion for Extension of Time in case 1:06-cv-00218-S-LDA; granting (57) Motion for Extension of Time in case 1:11-cv-00023-S-LDA. So Ordered by Judge William E. Smith on 8/6/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 3, 2012 Opinion or Order Motion Forwarded to Chambers (248 in 1:06-cv-00218-S-LDA, 57 in 1:11-cv-00023-S-LDA) Assented MOTION for an Extension of Time for Two-Week Extension to Respond to NECC's Motion to Strike Dr. James R. Kittrell's Supplemental Expert Report (Assented to) FORWARDED to Chambers of Judge William E. Smith Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
August 1, 2012 Opinion or Order Filing 248 Assented MOTION for an Extension of Time for Two-Week Extension to Respond to NECC's Motion to Strike Dr. James R. Kittrell's Supplemental Expert Report (Assented to) by Emhart Industries, Inc.. Responses due by 8/20/2012 Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Green, Rachelle)
July 24, 2012 Opinion or Order Filing 247 REVISED CASE MANAGEMENT ORDER. So Ordered by Judge William E. Smith on 7/24/12. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 23, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: In Chambers Conference held on 7/23/2012; counsel present: J. Pirozzolo, J. Follett; J. Peloso, J. Ray, J. Cervenka; E. Vaudo; M. Jaworsky, P. Bryan and S. Bauer (via teleconference) (Jackson, Ryan)
July 20, 2012 Opinion or Order Filing 246 MOTION to Strike Supplemental Expert Report of James R. Kittrell with Supporting Memo by New England Container Company, Inc. Responses due by 8/6/2012 (Attachments: #1 Supporting Memorandum)Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Cervenka, Jennifer)
July 19, 2012 Opinion or Order Filing 245 NOTICE by Emhart Industries, Inc Notice of Constitutional Challenge Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
July 19, 2012 Opinion or Order Filing 244 NOTICE by Black & Decker, Inc. Notice of Constitutional Challenge Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(McMasters, Byron)
July 12, 2012 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 7/23/2012 at 2:00 PM in Chambers before Judge William E. Smith. Associated Cases: 1:11-cv-00023-S-LDA, 1:06-cv-00218-S-LDA(Jackson, Ryan)
July 10, 2012 Opinion or Order Filing 243 ORDER granting #239 Motion to Consolidate Cases (with CA11-23S; see same order at ECF Document #51 in that matter). So Ordered by Judge William E. Smith on 7/2/12. (Jackson, Ryan)
June 20, 2012 Opinion or Order Filing 242 NOTICE by New England Container Company, Inc Withdrawal of Appearance of James W. Ryan, Esq. (Ryan, James)
June 14, 2012 Opinion or Order Filing 241 RESPONSE to Motion re #239 MOTION to Consolidate Cases filed by New England Container Company, Inc. (Cervenka, Jennifer)
June 6, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E. Smith: Telephone Conference held on 6/6/2012; counsel on call: J. Pirozzolo, D. Cole, J. Follett; J. Peloso, J. Ray; J. MacLaughlin, J. Levin, M. Jaworski (Jackson, Ryan)
May 24, 2012 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 6/6/2012 at 2:30 PM before Judge William E. Smith; this office will initiate the conference call; each party should provide the clerk with a contact number prior to the day of the conference. (Jackson, Ryan)
May 11, 2012 Opinion or Order Motion Forwarded to Chambers (40 in 1:11-cv-00023-S -LDA) MOTION to Consolidate Cases , (239 in 1:06-cv-00218-S-LDA) MOTION to Consolidate Cases FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
April 17, 2012 Opinion or Order Filing 240 CASE MANAGEMENT ORDER. So Ordered by Judge William E. Smith on 4/17/12. (Jackson, Ryan)
April 13, 2012 Opinion or Order TEXT ORDER EXTENDING RESPONSE DATE as to (40 in 1:11-cv-00023-S-LDA) MOTION to Consolidate Cases, (239 in 1:06-cv-00218-S-LDA) MOTION to Consolidate Cases filed by Emhart Industries, Inc; Responses due by 5/9/12. So Ordered by Judge William E. Smith on 4/13/12. (Jackson, Ryan)
March 29, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 3/29/2012; counsel present: J. Pirozzolo, D. Cole, J. Follett, R. Greene; J. Peloso, J. Ray, J. Cervenka; J. Levin, J. MacLaughlin, E. Vando. (Jackson, Ryan)
March 23, 2012 Opinion or Order Filing 239 MOTION to Consolidate Cases with Supporting Memo by Emhart Industries, Inc. Responses due by 4/9/2012 (Attachments: #1 Supporting Memorandum)(McMasters, Byron)
February 27, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 2/27/2012; counsel present: J. Pirozzolo, J. Follet, R. Greene; J. Ryan, J. Ray, J. Peloso; K. Hynes; J. Nadas; J. Levin, J. McLaughlin. (Jackson, Ryan)
February 27, 2012 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 3/29/2012 at 2:00 PM in Chambers before Judge William E. Smith. (Jackson, Ryan)
January 20, 2012 Opinion or Order TEXT ORDER granting #237 Motion to Appear Pro Hac Vice of Robert A. Kole. So Ordered by Judge William E. Smith on 1/20/12. (Jackson, Ryan)
January 13, 2012 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 2/27/2012 at 10:00 AM in Chambers before Judge William E. Smith. (Jackson, Ryan)
January 12, 2012 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 1/12/2012; counsel present: J. Pirozzolo; R. Greene; D. Cole; J. Follett; K. Hynes; J. Ryan; J. Ray; J. Peloso; R. Kole; E. Vando; J. Levin; J. MacLaughlin. (Jackson, Ryan)
January 10, 2012 Opinion or Order Filing 238 APPLICATION FOR ADMISSION PRO HAC VICE re #237 MOTION for Robert A. Kole to Appear Pro Hac Vice by Travelers Casualty & Surety Company. (Smith, Rana)
January 10, 2012 Opinion or Order Filing 237 MOTION for Robert A. Kole to Appear Pro Hac Vice by Travelers Casualty & Surety Company. (Preciphs, Jason)
December 9, 2011 Opinion or Order TEXT ORDER granting #236 Motion for Extension of Deadlines for Expert Discovery up to and including 1/31/12. So Ordered by Judge William E. Smith on 12/9/11. (Jackson, Ryan)
December 8, 2011 Opinion or Order Motion Forwarded to Chambers #236 Joint MOTION for an Extension of Time to Complete Expert Discovery FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
December 1, 2011 Opinion or Order Filing 236 Joint MOTION for an Extension of Time to Complete Expert Discovery by Emhart Industries, Inc. Responses due by 12/19/2011 (Green, Rachelle)
December 1, 2011 Opinion or Order NOTICE of Hearing: In Chambers Conference scheduled for 1/12/2012 at 11:00 AM in Chambers before Judge William E. Smith. (Jackson, Ryan)
September 19, 2011 Opinion or Order TEXT ORDER granting #235 Motion for Extension of Time ; Reset Deadlines: Expert Depositions related to Exner, Hites, Kastrino, Kittrell, Robinette and Taylor due by 9/30/2011; Supplemental Expert Reports due by 10/31/11; Expert Depositions related to Expert Rebuttal Reports due by 11/30/11. So Ordered by Judge William E. Smith on 9/19/11. (Jackson, Ryan)
September 15, 2011 Opinion or Order Motion Forwarded to Chambers #235 Joint MOTION for an Extension of Time for Expert Discovery FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
September 7, 2011 Opinion or Order Filing 235 Joint MOTION for an Extension of Time for Expert Discovery by New England Container Company, Inc. Responses due by 9/26/2011 (Cervenka, Jennifer)
March 7, 2011 Opinion or Order Filing 234 PRETRIAL SCHEDULING ORDER:All Expert Discovery due by 9/30/2011. So Ordered by Judge William E. Smith on 3/4/11. (Jackson, Ryan)
January 31, 2011 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Status Conference held on 1/31/2011; counsel present: J. Pirozzolo; D. Cole; D. Carley; J. Ray; J. Peloso; J. Ryan; R. Green; T. White (Jackson, Ryan)
November 30, 2010 Opinion or Order NOTICE of Hearing: Status Conference scheduled for 1/31/2011 at 2:00 PM in Chambers before Judge William E. Smith. (Jackson, Ryan)
November 29, 2010 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 11/29/2010; counsel present: J. Pirozzolo, R. Green, D. Cole; J. Peloso, J. Ray, J. Ryan; K. Hynes; K. Sheridan (Jackson, Ryan)
October 25, 2010 Opinion or Order TEXT ORDER granting #232 Motion to Appear Pro Hac Vice of Jeffrey S. Follett. So Ordered by Judge William E. Smith on 10/25/10. (Jackson, Ryan)
October 20, 2010 Opinion or Order TEXT ORDER granting #231 Motion to Withdraw as Attorney. Attorney J. Richard Ratcliffe terminated. So Ordered by Judge William E. Smith on 10/20/10. (Jackson, Ryan)
October 14, 2010 Opinion or Order Reset Hearings re: In Chambers Conference RE-SCHEDULED for 11/29/2010 at 11:00 AM in Chambers before Judge William E. Smith. (Jackson, Ryan)
October 13, 2010 Opinion or Order TEXT ORDER finding as moot #227 Motion for Order Prohibiting New England Container from "Reinstating" James Menoutis as Testifying Expert Without Obtaining Leave of Court; After review of the filings, the appears to be no dispute between the parties and therefore the motion is passed as moot. So Ordered by Judge William E. Smith on 10/13/10. (Jackson, Ryan)
October 7, 2010 Opinion or Order Motion Forwarded to Chambers #231 MOTION to Withdraw as Attorney FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
October 5, 2010 Opinion or Order Filing 233 APPLICATION FOR ADMISSION PRO HAC VICE re #232 MOTION for Jeffrey S. Follett to Appear Pro Hac Vice. (Urizandi, Nisshy)
October 5, 2010 Opinion or Order Filing 232 MOTION for Jeffrey S. Follett to Appear Pro Hac Vice by Emhart Industries, Inc. (Green, Rachelle)
October 5, 2010 Opinion or Order Motion Forwarded to Chambers #227 MOTION for Order Prohibiting New England Container from "Reinstating" James Menoutis as Testifying Expert Without Obtaining Leave of Court FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
October 4, 2010 Opinion or Order Filing 231 MOTION to Withdraw as Attorney by Rhodes Technologies, Inc.. Responses due by 10/21/2010 (Ratcliffe, J.)
October 4, 2010 Opinion or Order Filing 230 MEMORANDUM IN OPPOSITION by New England Container Company, Inc in opposition to #227 MOTION for Order Prohibiting New England Container from "Reinstating" James Menoutis as Testifying Expert Without Obtaining Leave of Court. (Attachments: #1 Affidavit Affidavit in Support)(Cervenka, Jennifer)
October 1, 2010 Opinion or Order TEXT ORDER granting Plaintiff's #229 Motion for Leave to Add Pro Hac Vice Counsel. So Ordered by Judge William E. Smith on 10/1/10. (Jackson, Ryan)
September 30, 2010 Opinion or Order Motion Forwarded to Chambers #229 Assented MOTION for Leave to File an Additional Application for Pro Hac Vice Counsel FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
September 24, 2010 Opinion or Order Filing 229 Assented MOTION for Leave to File an Additional Application for Pro Hac Vice Counsel by Emhart Industries, Inc. Responses due by 10/12/2010 (Green, Rachelle)
September 21, 2010 Opinion or Order Filing 228 EXHIBIT IN SUPPORT by Emhart Industries, Inc in support of #227 MOTION for Order Prohibiting New England Container from "Reinstating" James Menoutis as Testifying Expert Without Obtaining Leave of Court. (Green, Rachelle)
September 17, 2010 Opinion or Order Filing 227 MOTION for Order Prohibiting New England Container from "Reinstating" James Menoutis as Testifying Expert Without Obtaining Leave of Court with Supporting Memorandum by Emhart Industries, Inc. Responses due by 10/4/2010 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Green, Rachelle)
September 16, 2010 Opinion or Order Filing 226 RESPONSE to Motion re #225 MOTION Leave to Disclose Expert Out of Time filed by Emhart Industries, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Green, Rachelle)
September 13, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 9/13/2010. (Noel, Jeannine)
September 9, 2010 Opinion or Order RESCHEDULING NOTICE: TIME CHANGE. Telephone Conference RESCHEDULED for 9/13/2010 03:00 PM before Magistrate Judge Lincoln D. Almond. TIME CHANGE ONLY. MOVED FROM 4:00 PM. The Court will initiate the call. Attys to participate: Green, Peloso, Pirozzolo, Ryan(Noel, Jeannine)
September 8, 2010 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 9/8/2010. J. Pirozzolo, D. Cole, R. Green for Plaintiff. J. Ryan, J. Peloso Jr., J. Ray, K, Hynes, and R.K. Sheridan for Defendants. (Smith, Rana)
September 8, 2010 Opinion or Order TEXT ORDER granting #225 Motion for Leave to Disclose New Experts; Set/Reset Deadlines: ( Discovery due by 1/31/2011, Expert Disclosure due by 1/31/2011). So Ordered by Judge William E Smith on 9/8/2010. (Smith, Rana)
September 8, 2010 Opinion or Order NOTICE of Hearing: In Chambers Conference set for 11/8/2010 at 9:00 AM in Judge Smith Chambers - before Judge William E Smith. (Smith, Rana)
September 2, 2010 Opinion or Order Filing 225 MOTION Leave to Disclose Expert Out of Time WITH SUPPORTING MEMO by New England Container Company, Inc. Responses due by 9/20/2010 (Attachments: #1 Exhibit Exhibits A & B)(Cervenka, Jennifer)
August 31, 2010 Opinion or Order NOTICE of Hearing: Telephone Conference set for 9/13/2010 04:00 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. Attorneys to participate: Ryan, Pirozzolo, Peloso and Green.(Noel, Jeannine)
August 25, 2010 Opinion or Order Reset Hearings re: Hearings: Status Conference RE-SCHEDULED for 9/8/2010 at 9:00 AM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan)
August 11, 2010 Opinion or Order Filing 224 ORDER granting in part and denying in part #216 Motion to Compel. Protective order to be submitted by 8/20/2010. So Ordered by Magistrate Judge Lincoln D. Almond on 8/11/2010. (Noel, Jeannine)
July 28, 2010 Opinion or Order Filing 223 NOTICE by Travelers Casualty & Surety Company of the Withdrawal of Appearance of Eric B. Hermanson (Hermanson, Eric)
July 27, 2010 Opinion or Order Reset Hearings re: Reset Hearings: Status Conference RE-SCHEDULED for 9/8/2010 at 9:30 AM in Judge Smith Chambers before Judge William E. Smith; the confernece previously scheduled for 7/28/10 is hereby CANCELLED. (Jackson, Ryan)
July 22, 2010 Opinion or Order TEXT ORDER granting #221 Motion for Extension of Time ; Reset Deadlines: Expert Depositions to be completed on or before 9/30/2010. So Ordered by Judge William E Smith on 7/22/10. (Jackson, Ryan)
July 21, 2010 Opinion or Order Motion Forwarded to Chambers #221 Joint MOTION for an Extension of Time of Deadline for Expert Depositions FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
July 20, 2010 Opinion or Order Filing 222 Sealed Document placed in vault in lock box #12 (Noel, Jeannine)
July 20, 2010 Opinion or Order TEXT ORDER granting #219 Motion to Seal. So Ordered by Magistrate Judge Lincoln D. Almond on 7/20/2010. (Noel, Jeannine)
July 20, 2010 Opinion or Order TEXT ORDER denying for lack of good cause shown #211 Motion for Protective Order. So Ordered by Magistrate Judge Lincoln D. Almond on 7/20/2010. (Noel, Jeannine)
July 20, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 7/20/2010 re #211 MOTION for Protective Order filed by New England Container Company, Inc, #219 MOTION to Seal filed by New England Container Company, Inc, #216 Cross MOTION to Compel the Deposition of James Menoutis without Limitation or, Alternatively, to Preclude his Testimony at Trial filed by Emhart Industries, Inc. (Pirozzolo, McMasters, Ryan, Peloso) Argument; Motion #219 - Granted; Motion #211 - Denied; Motion #216 - Granted in Part and Denied in Part; Order and proposed protective order by Counsel to follow (Courtroom A at 10:05 am.) (Noel, Jeannine)
July 15, 2010 Opinion or Order Filing 221 Joint MOTION for an Extension of Time of Deadline for Expert Depositions by Emhart Industries, Inc. Responses due by 8/2/2010 (Green, Rachelle)
June 29, 2010 Opinion or Order Filing 220 RESPONSE in Support re #216 Cross MOTION to Compel the Deposition of James Menoutis without Limitation or, Alternatively, to Preclude his Testimony at Trial filed by Emhart Industries, Inc. (Green, Rachelle)
June 28, 2010 Opinion or Order MOTIONS REFERRED: #219 MOTION to Seal referred to Magistrate Judge Lincoln D. Almond for determination. (Jackson, Ryan)
June 28, 2010 Opinion or Order NOTICE of Hearing on Motion #216 Cross MOTION to Compel the Deposition of James Menoutis without Limitation or, Alternatively, to Preclude his Testimony at Trial, #211 MOTION for Protective Order : Motion Hearing set for 7/20/2010 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
June 25, 2010 Opinion or Order MOTIONS REFERRED: #211 MOTION for Protective Order, #216 Cross MOTION to Compel the Deposition of James Menoutis without Limitation or, Alternatively, to Preclude his Testimony at Trial referred to Magistrate Judge Lincoln D. Almond for determination. (Jackson, Ryan)
June 24, 2010 Opinion or Order Filing 219 MOTION to Seal by New England Container Company, Inc. (Jackson, Ryan) (Additional attachment(s) added on 8/10/2016: #1 motion to seal) (Capraro, Dona).
June 24, 2010 Opinion or Order Filing 218 RESPONSE in Support re #211 MOTION for Protective Order filed by New England Container Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ryan, James)
June 24, 2010 Opinion or Order Reset Hearings re: Hearings : Status Conference RE-SCHEDULED for 7/28/2010 at 2:00 PM in Judge Smith Chambers (previously scheduled for 7/13/2010 at 9:30 AM before Judge William E. Smith. (Jackson, Ryan)
June 11, 2010 Opinion or Order TEXT ORDER granting #217 Motion for Extension of Time to File Reply re: #211 MOTION for Protective Order ; Replies due by 6/24/2010.. So Ordered by Judge William E. Smith on 6/11/10. (Jackson, Ryan)
June 10, 2010 Opinion or Order Motion Forwarded to Chambers #217 Assented MOTION for an Extension of Time to File Response/Reply as to #215 Response in Opposition to Motion, FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
June 9, 2010 Opinion or Order Filing 217 Assented MOTION for an Extension of Time to File Response/Reply as to #215 Response in Opposition to Motion, by New England Container Company, Inc. Responses due by 6/28/2010 (Ryan, James)
June 7, 2010 Opinion or Order Filing 216 Cross MOTION to Compel the Deposition of James Menoutis without Limitation or, Alternatively, to Preclude his Testimony at Trial with Supporting Memorandum by Emhart Industries, Inc. Responses due by 6/24/2010 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Green, Rachelle)
June 7, 2010 Opinion or Order Filing 215 RESPONSE in Opposition re #211 MOTION for Protective Order With Supporting Memorandum filed by Emhart Industries, Inc. (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Green, Rachelle)
June 1, 2010 Opinion or Order TEXT ORDER granting #214 Joint Motion for Extension of Time re: deadlines in #207 REVISED SCHEDULING ORDER. So Ordered by Judge William E. Smith on 6/1/10. (Jackson, Ryan) Modified on 6/1/2010; added link to previous order (Jackson, Ryan).
May 28, 2010 Opinion or Order Motion Forwarded to Chambers #214 Joint MOTION for an Extension of Time for Deadlines in Pretrial Order FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
May 25, 2010 Opinion or Order Filing 214 Joint MOTION for an Extension of Time for Deadlines in Pretrial Order by New England Container Company, Inc. Responses due by 6/11/2010 (Ryan, James)
May 21, 2010 Opinion or Order Filing 213 AFFIDAVIT re #211 MOTION for Protective Order by New England Container Company, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Ryan, James)
May 21, 2010 Opinion or Order Filing 212 AFFIDAVIT re #211 MOTION for Protective Order by New England Container Company, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ryan, James)
May 21, 2010 Opinion or Order Filing 211 MOTION for Protective Order WITH SUPPORTING MEMO by New England Container Company, Inc. Responses due by 6/7/2010 (Ryan, James)
May 20, 2010 Opinion or Order Filing 210 PROTECTIVE ORDER. So Ordered by Judge William E. Smith on 5/19/10. (Jackson, Ryan)
May 18, 2010 Opinion or Order Motion Forwarded to Chambers #209 Assented MOTION for Protective Order FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
May 14, 2010 Opinion or Order Filing 209 Assented MOTION for Protective Order by New England Container Company, Inc. Responses due by 6/1/2010 (Ryan, James)
April 26, 2010 Opinion or Order TEXT ORDER granting #208 Motion for Extension of Time up to and including 4/30/10. So Ordered by Judge William E. Smith on 4/26/10. (Jackson, Ryan)
April 22, 2010 Opinion or Order Motion Forwarded to Chambers #208 MOTION for an Extension of Time FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
April 16, 2010 Opinion or Order Filing 208 MOTION for an Extension of Time by New England Container Company, Inc. Responses due by 5/3/2010 (Ryan, James)
April 9, 2010 Opinion or Order Filing 207 REVISED SCHEDULING ORDER. So Ordered by Judge William E. Smith on 4/8/10. (Jackson, Ryan)
April 6, 2010 Opinion or Order Reset Hearings re: Status Conference re-scheduled for 7/13/2010 at 9:30 AM (from 4/27/10) in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan)
April 6, 2010 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Telephone Conference held on 4/6/2010; counsel on call: J. Pirozzolo, D. Cole; J. Peloso, J. Ray; K. Sheridan (Jackson, Ryan)
April 5, 2010 Opinion or Order Reset Hearings re: The continued Telephone Conference is hereby re-scheduled for 4/6/2010 at 9:30 AM in Judge Smith Chambers before Judge William E. Smith; this office will initiate the call. (Jackson, Ryan) Modified on 4/5/2010: typo (Jackson, Ryan).
April 2, 2010 Opinion or Order NOTICE of Hearing: Telephone Conference continued to 4/5/2010 at 3:00 PM in Judge Smith Chambers before Judge William E. Smith; this office will initiate the call. (Jackson, Ryan)
April 2, 2010 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Telephone Conference held on 4/2/2010; counsel present: Jack Pirozzolo, David Cole; John Peloso, James Ray; Eric Hermanson (Jackson, Ryan)
March 30, 2010 Opinion or Order Filing 206 RESPONSE in Opposition re #205 MOTION for an Extension of Time Extension of Time & Other Relief filed by Emhart Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Green, Rachelle)
March 29, 2010 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 4/2/2010 at 10:00 AM in Judge Smith Chambers before Judge William E. Smith; this office will initiate the conference call; counsel are requested to provide the clerk with contact numbers for the call. (Jackson, Ryan) Modified on 3/29/2010: typo (Jackson, Ryan).
March 26, 2010 Opinion or Order Motion Forwarded to Chambers #205 MOTION for an Extension of Time Extension of Time & Other Relief FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
March 23, 2010 Opinion or Order Filing 205 MOTION for an Extension of Time Extension of Time & Other Relief by New England Container Company, Inc. Responses due by 4/9/2010 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cervenka, Jennifer)
March 2, 2010 Opinion or Order TEXT ORDER denying as moot in view of NECC's representation that it has purchased the software in question from the movant, StatSoft, Inc. #200 Motion to Quash. So Ordered by Magistrate Judge Lincoln D. Almond on 3/2/2010. (Noel, Jeannine)
March 2, 2010 Opinion or Order MOTIONS REFERRED: #200 MOTION to Quash Subpoena referred to Magistrate Judge Lincoln D. Almond for determination. (Jackson, Ryan)
March 1, 2010 Opinion or Order Filing 204 RESPONSE to Motion re #200 MOTION to Quash Subpoena filed by New England Container Company, Inc. (Cervenka, Jennifer)
February 26, 2010 Opinion or Order Filing 203 NOTICE by Emhart Industries, Inc of Joint Identification of Likely Subtantive Pretrial Motions (Green, Rachelle)
February 10, 2010 Opinion or Order Filing 202 REVISED SCHEDULING ORDER. So Ordered by Judge William E. Smith on 2/9/10. (Jackson, Ryan)
February 10, 2010 Opinion or Order TEXT ORDER granting #201 Motion for Extension of Time to File Response re #200 MOTION to Quash Subpoena; Responses due by 3/1/2010. So Ordered by Judge William E. Smith on 2/10/11. (Jackson, Ryan)
February 8, 2010 Opinion or Order Filing 201 MOTION for an Extension of Time to File Response/Reply as to #200 MOTION to Quash Subpoena by New England Container Company, Inc. Responses due by 2/25/2010 (Cervenka, Jennifer)
February 8, 2010 Opinion or Order Motion Forwarded to Chambers #201 MOTION for an Extension of Time to File Response/Reply as to #200 MOTION to Quash Subpoena FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
February 5, 2010 Opinion or Order NOTICE of Hearing: Status Conference scheduled for 4/27/2010 at 9:30 AM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan)
February 4, 2010 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Status Conference held on 2/4/2010; counsel present: J. Pirozzolo, S. Cooleybeck, B. McMasters; J. Ryan, J. Ray, J. Peloso; K. Hines; K. Sheridan (Jackson, Ryan)
January 26, 2010 Opinion or Order Reset Hearings: re Notice of Hearing : Status Conference re-scheduled for 2/4/2010 at 3:00 PM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan)
January 20, 2010 Opinion or Order Filing 200 MOTION to Quash Subpoena by Win Noren. Responses due by 2/8/2010 (Smith, Rana)
January 15, 2010 Opinion or Order TEXT ORDER granting #199 Motion for Enlargement of Pretrial Deadlines. So Ordered by Judge William E. Smith on 1/15/10. (Jackson, Ryan)
January 14, 2010 Opinion or Order Motion Forwarded to Chambers #199 Joint MOTION for Enlargement of Pretrial Deadlines Pending Status Conference on February 2, 2010 re #194 Scheduling Order, Set/Reset Deadlines,, FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
January 12, 2010 Opinion or Order Filing 199 Joint MOTION for Enlargement of Pretrial Deadlines Pending Status Conference on February 2, 2010 re #194 Scheduling Order, Set/Reset Deadlines,, by Emhart Industries, Inc. Responses due by 1/29/2010 (Green, Rachelle)
January 11, 2010 Opinion or Order NOTICE of Hearing: Status Conference scheduled for 2/2/2010 at 2:00 PM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan)
January 8, 2010 Opinion or Order Filing 198 NOTICE by Emhart Industries, Inc of Identification of Likely Substantive Pretrial Motions (Green, Rachelle)
January 8, 2010 Opinion or Order Filing 197 NOTICE by New England Container Company, Inc of Submission Re Joint List of Pretrial Motions (Ryan, James)
January 8, 2010 Opinion or Order Motion Forwarded to Chambers #196 Joint MOTION Relief from Deadline for Submission of Joint List of Likely Substantive Pretrial Motions re #194 Scheduling Order, #195 Assented MOTION for Protective Order FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
January 7, 2010 Opinion or Order Filing 196 Joint MOTION Relief from Deadline for Submission of Joint List of Likely Substantive Pretrial Motions re #194 Scheduling Order, Set/Reset Deadlines,, by Emhart Industries, Inc. Responses due by 1/25/2010 (Green, Rachelle)
December 31, 2009 Opinion or Order Filing 195 Assented MOTION for Protective Order by Emhart Industries, Inc. Responses due by 1/19/2010 (Attachments: #1 Exhibit A)(Green, Rachelle)
September 18, 2009 Opinion or Order Reset Deadlines set forth in #194 SCHEDULING ORDER entered by this Court on 7/29/09 : Initial expert Depositions to be completed on or before 11/18/2009; Supplemental expert reports to be exchanged on or before 11/30/09; Supplemental expert depositions are to be completed on or before 12/31/09; parties are to submit a joint list of likely substantive pretrial motions on or before 1/8/10; Daubert motions are to be filed on or before 1/22/10; objections to those motions due on or before 2/5/10; replies then due on or before 2/12/10; Any hearings on Daubert motions will likely be held during the week of 3/1/10. (Jackson, Ryan) Modified on 9/21/2009: corrected typo (Jackson, Ryan).
September 18, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Telephone Conference held on 9/18/2009; counsel present: Jack Pirozzolo; David Cole; Rachelle Green; John Peloso; James Ray; Eric Hermanson. (Jackson, Ryan)
September 16, 2009 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 9/18/2009 at 11:00 AM in Judge Smith Chambers before Judge William E Smith; this office will initiate the conference call. (Jackson, Ryan)
July 30, 2009 Opinion or Order Filing 194 SCHEDULING ORDER. So Ordered by Judge William E. Smith on 7/29/09. (Jackson, Ryan)
July 30, 2009 Opinion or Order TEXT ORDER granting in part as to Counts I through VI; and denying without prejudice as to Counts VII through XII re: #180 Motion to Strike Jury Demand of Plaintiff Emhart Industries, Inc.. So Ordered by Judge William E. Smith on 7/30/09. (Jackson, Ryan)
July 20, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 7/20/2009 re #177 MOTION to preclude portions of supplemental expert reports of plaintiff filed by New England Container Company, Inc.; counsel present: Jack Pirozzolo, David Cole, Byron McMasters; Jennifer Cervenka, John Peloso, James Ray; All counsel of record present; Defendant (Cervenka) argues its Motion to the Court; Court questions the Defendant; Plaintiff (Pirozzolo) argues against the Motion; Court question the Plaintiff; Court recesses in order to hold scheduling conference in chambers; Court DENIES the Motion to Preclude Portions of Supplemental Expert Reports (Court Reporter Anne Clayton in Courtroom 2 at 11:05 AM) (Jackson, Ryan)
July 20, 2009 Opinion or Order TEXT ORDER denying #177 Motion to Preclude Portions of Supplement Expert Reports. So Ordered by Judge William E. Smith on 7/20/09. (Jackson, Ryan)
July 10, 2009 Opinion or Order CANCELLATION OF Hearing: re Notice of Hearing: Telephone Conference scheduled for 7/17/2009 at 2:00 PM in Judge Smith Chambers is hereby CANCELLED (Jackson, Ryan)
July 10, 2009 Opinion or Order NOTICE of Hearing on Motion #177 MOTION to preclude portions of supplemental expert reports of plaintiff : Motion Hearing scheduled for 7/20/2009 at 10:30 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
July 9, 2009 Opinion or Order Motion Forwarded to Chambers #193 Joint MOTION for an Extension of Time to extend pretrial deadlines FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
July 7, 2009 Opinion or Order Filing 193 Joint MOTION for an Extension of Time to extend pretrial deadlines by New England Container Company, Inc. Responses due by 7/24/2009 (Cervenka, Jennifer)
July 6, 2009 Opinion or Order Filing 192 RESPONSE to Motion re #180 MOTION to Strike JURY DEMAND with Supporting Memorandum filed by Emhart Industries, Inc. (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
July 6, 2009 Opinion or Order NOTICE of Hearing: Telephone Conference scheduled for 7/17/2009 at 2:00 PM in Judge Smith Chambers re: #177 MOTION to preclude portions of supplemental expert reports of plaintiff with supporting memo by New England Container Company, Inc. before Judge William E. Smith; counsel are to provide the clerk with contact numbers for the teleconfere - this office will initiate the call. (Jackson, Ryan)
July 6, 2009 Opinion or Order Motion Forwarded to Chambers #180 MOTION to Strike JURY DEMAND FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
July 2, 2009 Opinion or Order Filing 191 REPLY to Response to Motion re #181 Response in Opposition to Motion to Preclude and Limit Expert Testimony filed by New England Container Company, Inc. (Cervenka, Jennifer)
July 1, 2009 Opinion or Order NOTICE of Hearing: Telephone Conference set for 7/28/2009 11:30 AM before Magistrate Judge Lincoln D. Almond. Attorneys to participate: Pirozzolo, Peloso, Hermanson and Hynes. The court will initiate the call.(Noel, Jeannine)
June 30, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Settlement Conference held on 6/30/2009. Counsel present. (Noel, Jeannine)
June 30, 2009 Opinion or Order Filing 190 EXHIBIT IN SUPPORT by Emhart Industries, Inc in support of #188 MOTION for Summary Judgment, #189 Statement of Undisputed Facts,,,, Exhibit 57(a). (Attachments: #1 Exhibit 57(b), #2 Exhibit 58, #3 Exhibit 59 (filed conventionally), #4 Exhibit 60(a), #5 Exhibit 60(b), #6 Exhibit 61(a), #7 Exhibit 61(b), #8 Exhibit 62, #9 Exhibit 63)(Green, Rachelle) (Additional attachment(s) added on 4/27/2016: #10 Exhibit 59 - Part 1, #11 Exhibit 59 - Part II) (Urizandi, Nisshy).
June 30, 2009 Opinion or Order Filing 189 STATEMENT OF UNDISPUTED FACTS by Emhart Industries, Inc re #188 MOTION for Summary Judgment. (Attachments: #1 Appendix, #2 Exhibit 1, #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, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 2)(Green, Rachelle)
June 30, 2009 Opinion or Order Filing 188 MOTION for Summary Judgment With Supporting Memorandum by Emhart Industries, Inc. Responses due by 7/17/2009 (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
June 30, 2009 Opinion or Order Filing 187 DECLARATION of Expert Muriel S. Robinette by New England Container Company, Inc. (Cervenka, Jennifer) (Additional attachment(s) added on 4/27/2016: #1 Exhibit Expert Report Part I, #2 Exhibit Expert Report - Part 2, #3 Exhibit Expert Report - Part 3, #4 Exhibit Expert Report - Part 4) (Urizandi, Nisshy).
June 30, 2009 Opinion or Order Filing 186 DECLARATION of Expert Barbara Taylor, Ph.D by New England Container Company, Inc. (Cervenka, Jennifer)
June 30, 2009 Opinion or Order Filing 185 DECLARATION re #182 MOTION for Summary Judgment by New England Container Company, Inc. (Cervenka, Jennifer)
June 30, 2009 Opinion or Order Filing 184 AFFIDAVIT re #182 MOTION for Summary Judgment by New England Container Company, Inc. (Attachments: #1 Exhibit 1a, #2 Exhibit 1b, #3 Exhibit 2a, #4 Exhibit 2b, #5 Exhibit 3a, #6 Exhibit 3b, #7 Exhibit 3c, #8 Exhibit 4a, #9 Exhibit 4b, #10 Exhibit 4c)(Cervenka, Jennifer)
June 30, 2009 Opinion or Order Filing 183 STATEMENT OF UNDISPUTED FACTS by New England Container Company, Inc re #182 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3a, #4 Exhibit 3b, #5 Exhibit 3d (c omitted), #6 Exhibit 3e, #7 Exhibit 3f, #8 Exhibit 3g, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 8 (7 hand filed), #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11a, #16 Errata 11b, #17 Exhibit 11c, #18 Exhibit 11d, #19 Exhibit 11e, #20 Exhibit 11f, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15, #25 Exhibit 16, #26 Exhibit 17)(Cervenka, Jennifer) (Additional attachment(s) added on 4/27/2016: #27 Exhibit 7) (Urizandi, Nisshy).
June 30, 2009 Opinion or Order Filing 182 MOTION for Summary Judgment WITH SUPPORTING MEMO by New England Container Company, Inc. Responses due by 7/17/2009 (Cervenka, Jennifer)
June 26, 2009 Opinion or Order Motion Forwarded to Chambers #177 MOTION to preclude portions of supplemental expert reports of plaintiff FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan)
June 25, 2009 Opinion or Order Filing 181 RESPONSE in Opposition re #177 MOTION to preclude portions of supplemental expert reports of plaintiff With Supporting Memo filed by Emhart Industries, Inc. (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
June 17, 2009 Opinion or Order Filing 180 MOTION to Strike JURY DEMAND WITH SUPPORTING MEMO by New England Container Company, Inc. Responses due by 7/6/2009 (Cervenka, Jennifer)
June 11, 2009 Opinion or Order Filing 179 Third Amended Reply to Counterclaim by Emhart Industries, Inc. (Green, Rachelle)
June 11, 2009 Opinion or Order Filing 178 MEMORANDUM IN SUPPORT by New England Container Company, Inc in support of #177 MOTION to preclude portions of supplemental expert reports of plaintiff Amended. (Attachments: #1 Exhibit Exhibits A-C)(Cervenka, Jennifer)
June 8, 2009 Opinion or Order Filing 177 MOTION to preclude portions of supplemental expert reports of plaintiff with supporting memo by New England Container Company, Inc. Responses due by 6/25/2009 (Cervenka, Jennifer)
May 29, 2009 Opinion or Order TEXT ORDER denying without prejudice as moot in view of Judge Smiths Order granting NECCs Motion to Amend its Answer, Affirmative Defenses and Counterclaim #164 Motion to Strike. So Ordered by Magistrate Judge Lincoln D. Almond on 5/29/09. (Saucier, Martha)
May 28, 2009 Opinion or Order Filing 176 Third Amended ANSWER to #1 Complaint, Affirmative Defenses, and, COUNTERCLAIM against Emhart Industries, Inc by New England Container Company, Inc.(Ryan, James)
May 28, 2009 Opinion or Order TEXT ORDER granting #174 Motion to Amend Answer, Affirmative Defenses, and Counterclaim. So Ordered by Judge William E Smith on 5/28/2009. (Geile, Wendy)
May 27, 2009 Opinion or Order Motion Forwarded to Chambers #174 MOTION to Amend/Correct It's Answer FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
May 19, 2009 Opinion or Order Filing 175 EXHIBIT IN SUPPORT of #174 Third Amended ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM against Emhart Industries, Inc by New England Container Company, Inc.(Ryan, James) Modified to reflect correct event type on 5/20/2009 (Geile, Wendy).
May 19, 2009 Opinion or Order Filing 174 MOTION to Amend/Correct It's Answer With Supporting Memo by New England Container Company, Inc. Responses due by 6/5/2009 (Ryan, James)
May 18, 2009 Opinion or Order RESCHEDULING NOTICE of Settlement Conference: Settlement Conference RESCHEDULED for 6/30/2009 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. MOVED FROM 6/3/09.(Noel, Jeannine)
May 14, 2009 Opinion or Order RESCHEDULING NOTICE of Settlement Conference: Settlement Conference RESCHEDULED for 6/3/2009 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. MOVED FROM 5/15/09. (Noel, Jeannine)
May 8, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Telephone Conference held on 5/8/2009. Jack Pirozzolo, Philip Swain, Richard Binder, David Cole and Rachelle Green for Plaintiff. Jennifer Cervenka, John Peloso, Jr., Todd White, R.Kelly Sheridan, Jr., and Eric Hermanson for Defendants. All counsel of record present via telephone. (Geile, Wendy)
May 8, 2009 Opinion or Order TEXT ORDER extending deadlines by three weeks: Expert Disclosures due 7/6/2009; Expert discovery closes 8/12/2009. So Ordered by Judge William E Smith on 5/8/2009. (Geile, Wendy)
May 8, 2009 Opinion or Order AMENDED TEXT ORDER extending deadline : Expert discovery closes 8/12/2009. So Ordered by Judge William E Smith on 5/8/2009. (Geile, Wendy)
May 8, 2009 Opinion or Order CORRECTIVE DOCKET ENTRY re: Order entered 5/8/2009 extending deadlines by three weeks. ERROR: Entered with incorrect dates; CORRECTION : Clerk to re-docket order. (Geile, Wendy)
May 7, 2009 Opinion or Order TEXT ORDER deferring ruling on #164 Motion to Strike - Plaintiff has moved to strike NECCs Eighth Affirmative Defense asserted in the Second Amended Answer. NECC objected to the Motion, but indicated that it intends to clarify its position by amending the affirmative defense that is in dispute. So that the Court may have all the relevant information before it prior to ruling on the pending matter, NECC is ORDERED to file its Motion for Leave to Amend its eighth affirmative defense prior to May 20, 2009. Plaintiff may respond as provided in the Courts Local Rules.. So Ordered by Magistrate Judge Lincoln D. Almond on 4/7/09. (Gilfillan, Barbara)
May 6, 2009 Opinion or Order NOTICE of Hearing: Telephone Conference set for 5/8/2009 at 10:00 AM in Judge Smith Chambers - before Judge William E Smith. (Geile, Wendy)
May 1, 2009 Opinion or Order Filing 173 REPLY to Response to Motion re #169 Response to Motion, filed by Emhart Industries, Inc. (Green, Rachelle)
April 30, 2009 Opinion or Order TEXT ORDER granting #163 Motion for Protective Order. For the reasons set forth in this Court's text order of March 6, 2009. So Ordered by Magistrate Judge Lincoln D. Almond on 4/30/09. (Noel, Jeannine)
April 29, 2009 Opinion or Order Filing 172 RESPONSE in Support re #163 MOTION for Protective Order (Reply in Further Support) filed by New England Container Company, Inc. (Attachments: #1 Exhibit Previously filed Objection to Amended Notice)(Cervenka, Jennifer)
April 27, 2009 Opinion or Order Filing 171 ORDER granting #167 Motion for Protective Order: Clariant Corporation. So Ordered by Judge William E Smith on 4/24/2009. (Geile, Wendy)
April 27, 2009 Opinion or Order Filing 170 ORDER granting #167 Motion for Protective Order: DyStar LP. So Ordered by Judge William E Smith on 4/24/2009. (Geile, Wendy)
April 27, 2009 Opinion or Order MOTION REFERRED: #163 MOTION for Protective Order Motion referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
April 27, 2009 Opinion or Order MOTION REFERRED: #164 MOTION to Strike #157 Amended Answer to Complaint, Counterclaim Motion to Strike New England Container Company's Eighth Affirmative Defense Motion referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
April 24, 2009 Opinion or Order Filing 169 RESPONSE to Motion re #164 MOTION to Strike #157 Amended Answer to Complaint, Counterclaim Motion to Strike New England Container Company's Eighth Affirmative Defense MOTION to Strike #157 Amended Answer to Complaint, Counterclaim Motion to Strike New England Container Company's Eighth Affirmative Defense filed by New England Container Company, Inc. (Cervenka, Jennifer)
April 24, 2009 Opinion or Order Motion Forwarded to Chambers #167 Assented MOTION for Protective Order, #163 MOTION for Protective Order FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
April 24, 2009 Opinion or Order RESCHEDULING NOTICE of Hearing: Settlement Conference RESCHEDULED for 5/15/2009 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. MOVED FROM 5/4/09.(Noel, Jeannine)
April 24, 2009 Opinion or Order Motion Forwarded to Chambers #164 MOTION to Strike #157 Amended Answer to Complaint, Counterclaim Motion to Strike New England Container Company's Eighth Affirmative Defense MOTION to Strike #157 Amended Answer to Complaint, Counterclaim Motion to Strike New England Container Company's Eighth Affirmative Defense FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
April 23, 2009 Opinion or Order Filing 168 RESPONSE in Opposition re #163 MOTION for Protective Order filed by Emhart Industries, Inc. (Attachments: #1 Exhibit A)(Green, Rachelle)
April 23, 2009 Opinion or Order Filing 167 Assented MOTION for Protective Order by Emhart Industries, Inc. Responses due by 5/11/2009 (Attachments: #1 Exhibit A, #2 Exhibit B)(Green, Rachelle)
April 20, 2009 Opinion or Order Attorneys to participate in telephone conference: Pirozzolo, Peloso, White, and Hermanson. Telephone Conference set for 4/24/2009 02:00 PM before Magistrate Judge Lincoln D. Almond. The Court will initiate the call. (Noel, Jeannine)
April 17, 2009 Opinion or Order NOTICE of Hearing: Telephone Conference set for 4/24/2009 02:00 PM before Magistrate Judge Lincoln D. Almond. The Court will initiate the call.(Noel, Jeannine)
April 9, 2009 Opinion or Order Filing 166 TRANSCRIPT of Plaintiff's Motion for Production of Documents held on March 18, 2009 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2009. Redacted Transcript Deadline set for 5/11/2009. Release of Transcript Restriction set for 7/8/2009. (Clayton, Anne)
April 7, 2009 Opinion or Order Filing 165 Emhart's Second Amended Answer and Affirmative Defenses to New England Container's Counterclaims Reply to Counterclaim by Emhart Industries, Inc. (Green, Rachelle)
April 7, 2009 Opinion or Order Filing 164 MOTION to Strike #157 Amended Answer to Complaint, Counterclaim Motion to Strike New England Container Company's Eighth Affirmative Defense With Supporting Memorandum by Emhart Industries, Inc. Responses due by 4/24/2009 (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
April 6, 2009 Opinion or Order Filing 163 MOTION for Protective Order With Supporting Memo by New England Container Company, Inc. Responses due by 4/23/2009 (Attachments: #1 Exhibit Exhibit A to Memorandum in Support)(Cervenka, Jennifer)
April 1, 2009 Opinion or Order Filing 162 TRANSCRIPT of Appeal of Magistrate's Order Proceedings held on March 5, 2009 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2009. Redacted Transcript Deadline set for 5/4/2009. Release of Transcript Restriction set for 6/30/2009. (Clayton, Anne)
March 30, 2009 Opinion or Order Filing 161 NOTICE by Emhart Industries, Inc Withdrawal of Appearance of Craig M. Scott (Scott, Craig)
March 27, 2009 Opinion or Order Filing 160 TRANSCRIPT REQUEST for proceedings held on 3/18/2009 before Judge William E. Smith. (Smith, Rana)
March 26, 2009 Opinion or Order Filing 159 TRANSCRIPT REQUEST for proceedings held on 3/5/2009 before Judge William E. Smith.. (Preciphs, Jason)
March 18, 2009 Opinion or Order Filing 158 TRANSCRIPT REQUEST for proceedings held on 3/18/2009 before Judge William E. Smith.. (McMasters, Byron)
March 18, 2009 Opinion or Order Filing 157 AMENDED ANSWER to Complaint (Second), Affirmative Defenses, and, COUNTERCLAIM against Emhart Industries, Inc by New England Container Company, Inc. (Ryan, James)
March 18, 2009 Opinion or Order TEXT ORDER finding as moot #127 Motion for Protective Order; denying #149 Motion to Compel. So Ordered by Judge William E Smith on 3/18/2009. (Smith, Rana)
March 18, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 3/18/2009 re #127 MOTION for Protective Order filed by The Dow Chemical Company, #149 MOTION to Compel Production of Documents from Dow Chemical Company filed by Emhart Industries, Inc. Jack Pirozzolo and Byron McMasters for Plaintiff. James Murphy and Paul Majkowski for Movant. Arguments heard as to Plaintiff's Motion to Compel the Production of Documents; Court denies for reasons stated in open court. Movant's Motion for Protective Order; Court denies as Moot. (Court Reporter Anne Clayton in Courtroom 2 at 10:08 am.) (Smith, Rana)
March 17, 2009 Opinion or Order Filing 156 NOTICE of Appearance by Byron L. McMasters on behalf of Emhart Industries, Inc (McMasters, Byron)
March 16, 2009 Opinion or Order Motions No Longer Referred to Magistrate Judge Almond #149 MOTION to Compel Production of Documents from Dow Chemical Company, MOTIONS REFERRED: Motions referred to William E Smith. (Farrell Pletcher, Paula)
March 16, 2009 Opinion or Order NOTICE of Hearing on Motion #149 MOTION to Compel Production of Documents from Dow Chemical Company : Motion Hearing set for 3/27/2009 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
March 16, 2009 Opinion or Order CANCELLATION NOTICE of Hearing on Motion #149 MOTION to Compel Production of Documents from Dow Chemical Company : Motion Hearing CANCELLED for 3/27/2009 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
March 13, 2009 Opinion or Order Filing 155 RESPONSE in Opposition re #149 MOTION to Compel Production of Documents from Dow Chemical Company filed by The Dow Chemical Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Murphy, James)
March 13, 2009 Opinion or Order MOTION REFERRED: #149 MOTION to Compel Production of Documents from Dow Chemical Company Motion referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
March 11, 2009 Opinion or Order Filing 154 EXHIBIT IN SUPPORT by Emhart Industries, Inc in support of #149 MOTION to Compel Production of Documents from Dow Chemical Company (corrected Exhibit N). (Green, Rachelle)
March 11, 2009 Opinion or Order Filing 153 TRANSCRIPT REQUEST for proceedings held on 3/5/2009 before Judge William E. Smith.. (Green, Rachelle)
March 6, 2009 Opinion or Order TEXT ORDER granting in part and denying in part #118 Motion to Compel. Plaintiff's Motion to Compel (Document No. 118) is GRANTED in part. Plaintiff's Requests seeking all documents regarding Defendant NECC's Smithfield facility and/or for such facility from "1969 to the present" are overly broad on their face. However, applying the broad relevance standard of Rule 26(b)(1), Fed. R. Civ. P., the Court concludes that any documents for the period of any overlap of operations between Smithfield and Centerdale, and for the early or transitional years of the Smithfield operation, are properly discoverable. Thus, Defendant NECC shall produce any nonprivileged documents in its possession, custody or control which are responsive to Plaintiff's Third Request for Production of Documents but limited in time to the period of operation of NECC's Smithfield facility through the end of calendar year 1974. So Ordered by Magistrate Judge Lincoln D. Almond on 3/6/09. (Noel, Jeannine)
March 5, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 3/5/2009 re #118 MOTION to Compel Production of Documents by New England Container Company, Inc. filed by Emhart Industries, Inc. (Pirozzolo, Green, Peloso, Cervenka, Hynes, Hermanson) Argument; Court takes under advisement; Order to follow. (Courtroom A at 2:02 pm.) (Noel, Jeannine)
March 5, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: re #105 Appeal of Magistrate Judge Almond's Memo and Order dated 12/19/2008 held on 3/5/2009. Jack Pirozzolo and Rachelle Green for Plaintiff. Eric Hermanson and R. Kelly Sheridan, Jr. for Travelers. Arguments heard as to Plaintiff's Appeal of Magistrate Judge's Memo and Order; Court affirms the Magistrate Judge's Memo and order dated 12/19/2008 and denies the Plaintiff's appeal. (Court Reporter Anne Clayton in Courtroom 2 at 3:04 pm.) (Smith, Rana)
March 4, 2009 Opinion or Order TEXT ORDER granting #150 Motion for Leave to File Surreply; granting #151 Motion for Leave to File Surreply. So Ordered by Judge William E Smith on 3/4/2009. (Geile, Wendy)
February 27, 2009 Opinion or Order Filing 152 MEMORANDUM IN OPPOSITION by Travelers Casualty & Surety Company in opposition to #135 Appellant's Reply Brief (Travelers Surreply with Respect to Elmhart's Appeal from Magistrate's Discovery Rulings). (Preciphs, Jason)
February 27, 2009 Opinion or Order Filing 151 MOTION for Leave to File Surreply in Advance of March 5, 2009 Hearing by Travelers Casualty & Surety Company. Responses due by 3/16/2009 (Preciphs, Jason)
February 27, 2009 Opinion or Order Filing 150 MOTION for Leave to File Surreply in advance of March 5, 2009 Hearing by Travelers Casualty & Surety Company. Responses due by 3/16/2009 (Preciphs, Jason)
February 24, 2009 Opinion or Order Filing 149 MOTION to Compel Production of Documents from Dow Chemical Company with Supporting Memorandum by Emhart Industries, Inc. Responses due by 3/13/2009 (Attachments: #1 Supporting Memorandum, #2 Exhibit A to Memorandum, #3 Exhibit B to the Memorandum, #4 Exhibit C to the Memorandum, #5 Exhibit D to the Memorandum, #6 Exhibit E to the Memorandum, #7 Exhibit F to the Memorandum, #8 Exhibit G to the Memorandum, #9 Exhibit H to the Memorandum, #10 Exhibit I to the Memorandum, #11 Exhibit J to the Memorandum, #12 Exhibit K to the Memorandum, #13 Exhibit L to the Memorandum, #14 Exhibit M to the Memorandum, #15 Exhibit N to the Memorandum, #16 Exhibit O to the Memorandum, #17 Exhibit P to the Memorandum, #18 Exhibit Q to the Memorandum)(Green, Rachelle)
February 23, 2009 Opinion or Order CORRECTIVE DOCKET ENTRY re: #148 Order on Motion for Protective Order linked to incorrect document. This order relates to document #144 . (Geile, Wendy)
February 23, 2009 Opinion or Order TEXT ORDER granting #147 Motion to Continue Hearing date from 2/27/09; Set/Reset Hearings: Motion Hearing (Motion to Compel Production of Documents) RESCHEDULED for 3/5/2009 02:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond. MOVED FROM 2/27/09. So Ordered by Magistrate Judge Lincoln D. Almond on 2/23/09. (Noel, Jeannine)
February 23, 2009 Opinion or Order NOTICE of Hearing on Motion #127 MOTION for Protective Order : Motion Hearing set for 3/18/2009 at 10:00 AM in Courtroom 2 before Judge William E Smith. (Geile, Wendy)
February 20, 2009 Opinion or Order Filing 148 ORDER granting #144 Motion for Protective Order. So Ordered by Judge William E Smith on 2/20/2009. (Geile, Wendy) Modified on 2/23/2009 (Geile, Wendy).
February 20, 2009 Opinion or Order MOTION REFERRED: #147 Assented MOTION to Continue Hearing (Scheduled for February 27, 2009) Motion referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
February 20, 2009 Opinion or Order TEXT ORDER granting #146 Motion to Continue Hearing Date. So Ordered by Judge William E Smith on 2/20/2009. (Geile, Wendy)
February 20, 2009 Opinion or Order Motion Forwarded to Chambers #146 Assented MOTION to Continue Hearing (Scheduled for February 25, 2009) FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
February 20, 2009 Opinion or Order NOTICE of Hearing: Hearing on Plaintiff's Notice of Appeal of Magistrate Judge Lincoln D. Almonds' Memorandum and Order dated 12/18/2009 RESET for 3/5/2009 at 3:00 pm in Courtroom 2 before Judge William E. Smith. (Geile, Wendy)
February 19, 2009 Opinion or Order Filing 147 Assented MOTION to Continue Hearing (Scheduled for February 27, 2009) by Emhart Industries, Inc. Responses due by 3/9/2009 (Green, Rachelle)
February 19, 2009 Opinion or Order Filing 146 Assented MOTION to Continue Hearing (Scheduled for February 25, 2009) by Emhart Industries, Inc. Responses due by 3/9/2009 (Green, Rachelle)
February 19, 2009 Opinion or Order Filing 145 RESPONSE in Opposition re #127 MOTION for Protective Order and Cross-Motion to Compel Production of Documents From Dow Chemical Company With Supporting Memorandum filed by Emhart Industries, Inc. (Attachments: #1 Supporting Memorandum, #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, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q)(Green, Rachelle)
February 19, 2009 Opinion or Order Motion Forwarded to Chambers #127 MOTION for Protective Order FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
February 18, 2009 Opinion or Order Motion Forwarded to Chambers #144 Assented MOTION for Protective Order FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
February 17, 2009 Opinion or Order Filing 144 Assented MOTION for Protective Order With Supporting Memorandum by Emhart Industries, Inc. Responses due by 3/6/2009 (Attachments: #1 Exhibit A to Assented to Motion for Entry of Protective Order, #2 Supporting Memorandum)(Green, Rachelle) Modified termination date on 2/23/2009 (Geile, Wendy).
February 13, 2009 Opinion or Order Filing 143 TRANSCRIPT of Chambers Conference held on February 9, 2009 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2009. Redacted Transcript Deadline set for 3/16/2009. Release of Transcript Restriction set for 5/14/2009. (Clayton, Anne)
February 12, 2009 Opinion or Order Filing 142 ORDER granting #137 Motion to Appear Pro Hac Vice of David E. Cole. So Ordered by Judge William E Smith on 2/12/2009. (Geile, Wendy)
February 10, 2009 Opinion or Order Filing 141 TRANSCRIPT REQUEST Status Conference for proceedings held on 2/9/2009 before Judge William Smith.. (Cervenka, Jennifer)
February 10, 2009 Opinion or Order Filing 139 TRANSCRIPT REQUEST for proceedings held on 02/09/2009 before Judge William E. Smith.. (Green, Rachelle)
February 10, 2009 Opinion or Order Motion Forwarded to Chambers #137 MOTION for David Cole to Appear Pro Hac Vice FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
February 10, 2009 Opinion or Order TEXT ORDER denying as moot #116 Motion to Compel. So Ordered by Magistrate Judge Lincoln D. Almond on 2/10/09. (Noel, Jeannine)
February 10, 2009 Opinion or Order TEXT ORDER denying as moot #117 Motion to Compel. So Ordered by Magistrate Judge Lincoln D. Almond on 2/10/09. (Noel, Jeannine)
February 10, 2009 Opinion or Order NOTICE of Hearing on Motion #118 MOTION to Compel Production of Documents by New England Container Company, Inc. : Motion Hearing set for 2/27/2009 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
February 9, 2009 Opinion or Order Filing 140 APPLICATION FOR ADMISSION PRO HAC VICE re #137 MOTION for David Cole to Appear Pro Hac Vice by Emhart Industries, Inc. (Smith, Rana)
February 9, 2009 Opinion or Order Filing 138 REPLY to Response to Motion re #131 Response to Motion filed by Emhart Industries, Inc. (Green, Rachelle)
February 9, 2009 Opinion or Order Filing 137 MOTION for David Cole to Appear Pro Hac Vice by Emhart Industries, Inc. (Green, Rachelle)
February 9, 2009 Opinion or Order Filing 136 Appellant's REPLY BRIEF by Emhart Industries, Inc. (Attachments: #1 Exhibit A)(Green, Rachelle)
February 9, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Status Conference held on 2/9/2009. David Cole, Jack Pirozzolo and Rachelle Green for Plaintiff. James Ryan, John Peloso, Jr., Katy Hynes, Eric Bradford Hermanson and R. Kelly Sheridan, Jr. for Defendant's. All counsel of record present. (Court Reporter Anne Clayton.) (Geile, Wendy)
February 9, 2009 Opinion or Order ORDER granting in part #112 Motion for Extension of Time to Complete Discovery. 4/30/2009 fact discovery to close; 6/15/2009 expert reports due; 7/22/2009 expert depositions due; 8/24/2009 pretrial memorandum due; 6/30/2009 dispositive motions due; 7/15/2009 objections/responses to dispositive motions due; 7/20/2009 reply to objections/responses to dispositive motions due. So Ordered by Judge William E Smith on 2/9/2009. (Geile, Wendy)
February 6, 2009 Opinion or Order Filing 135 Appellant's REPLY BRIEF by Emhart Industries, Inc. (Attachments: #1 Exhibit A)(Green, Rachelle)
February 6, 2009 Opinion or Order Filing 134 ORDER granting #129 Motion to Appear Pro Hac Vice of Paul V. Majkowski. So Ordered by Judge William E Smith on 2/5/2009. (Geile, Wendy)
February 5, 2009 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Telephone Conference held on 2/5/2009. Jack Pirozzolo, David Khol and Rachelle Green for Plaintiff. James Ryan, John F.X. Peloso, Jr., Todd White, Katy Hynes, Eric Bradford Hermanson, R. Kelly Sheridan, Jr. and John Nadas for Defendants. All coulnsel of record present via telephone. (Geile, Wendy)
February 4, 2009 Opinion or Order Motion Forwarded to Chambers #129 MOTION for Paul V. Majkowski to Appear Pro Hac Vice FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
February 4, 2009 Opinion or Order REVISED NOTICE of Hearing: Hearing on Plaintiff's Notice of Appeal of Magistrate Judge Lincoln D. Almonds' Memorandum and Order dated 12/18/2009 RESET for 2/25/2009 at 11:00 AM in Courtroom 2 before Judge William E Smith. (Geile, Wendy)
February 4, 2009 Opinion or Order NOTICE of Hearing: Status Conference re: #112 Motion to Enlarge Discovery Deadline set for 2/9/2009 at 2:30 PM in Judge Smith Chambers - before Judge William E Smith. (Geile, Wendy)
February 3, 2009 Opinion or Order Filing 133 REPLY to Response to Motion re #125 Response to Motion to Enlarge Discovery Deadline filed by Emhart Industries, Inc. (Green, Rachelle)
February 3, 2009 Opinion or Order MOTIONS REFERRED: #117 MOTION to Compel Rule 30(b)(6) Deposition of New England Container Company, Inc., and the Depositions of New England Container Company, Inc.'s Former Employees #116 MOTION to Compel the Deposition of and Production of Documents from Bradford Soap International, Inc., #118 MOTION to Compel Production of Documents by New England Container Company, Inc. Motions referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
February 3, 2009 Opinion or Order Motion Forwarded to Chambers #112 MOTION for an Extension of Time to Complete Discovery FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
February 2, 2009 Opinion or Order Filing 132 APPLICATION FOR ADMISSION PRO HAC VICE re #129 MOTION for Paul V. Majkowski to Appear Pro Hac Vice by The Dow Chemical Company. (Smith, Rana)
February 2, 2009 Opinion or Order Filing 131 RESPONSE to Motion re #118 MOTION to Compel Production of Documents by New England Container Company, Inc. filed by New England Container Company, Inc. (Attachments: #1 Exhibit Exhibit A (Buonanno Dep.))(Cervenka, Jennifer)
February 2, 2009 Opinion or Order Filing 130 RESPONSE to Motion re #117 MOTION to Compel Rule 30(b)(6) Deposition of New England Container Company, Inc., and the Depositions of New England Container Company, Inc.'s Former Employees MOTION to Compel Rule 30(b)(6) Deposition of New England Container Company, Inc., and the Depositions of New England Container Company, Inc.'s Former Employees filed by New England Container Company, Inc. (Cervenka, Jennifer)
February 2, 2009 Opinion or Order Filing 129 MOTION for Paul V. Majkowski to Appear Pro Hac Vice by The Dow Chemical Company. (Murphy, James)
February 2, 2009 Opinion or Order Filing 128 AFFIDAVIT re #127 MOTION for Protective Order by The Dow Chemical Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Part 1, #5 Exhibit D - Part 2, #6 Exhibit D - Part 3, #7 Exhibit D - Part 4, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N)(Murphy, James)
February 2, 2009 Opinion or Order Filing 127 MOTION for Protective Order with supporting memo by The Dow Chemical Company. Responses due by 2/19/2009 (Murphy, James) Modified termination of Motion date on 2/23/2009 (Geile, Wendy).
January 30, 2009 Opinion or Order Filing 126 MEMORANDUM IN OPPOSITION by Travelers Casualty & Surety Company in opposition to #106 Appellant's Brief regarding Magistrate Judge's Discovery Rulings. (Preciphs, Jason)
January 30, 2009 Opinion or Order Filing 125 RESPONSE to Motion re #112 MOTION for an Extension of Time to Complete Discovery filed by New England Container Company, Inc. (Cervenka, Jennifer)
January 26, 2009 Opinion or Order TEXT ORDER finding as moot #114 Motion for Protective Order; finding as moot #114 Motion to Quash re: #124 Deponent's Notice of Withdrawal. So Ordered by Judge William E Smith on 1/26/2009. (Geile, Wendy)
January 23, 2009 Opinion or Order REVISED NOTICE of Hearing: Hearing on Plaintiff's Notice of Appeal of Magistrate Judge Lincoln D. Almonds' Memorandum and Order dated 12/18/2008 RESET for 2/12/2009 at 3:00 PM in Courtroom 2 before Judge William E Smith. (Geile, Wendy)
January 22, 2009 Opinion or Order Filing 124 NOTICE by Rhodes Technologies, Inc. of Withdrawal of Motion to Quash or For Protective Order as Moot (Ratcliffe, J.)
January 20, 2009 Opinion or Order Filing 123 SETTLEMENT CONFERENCE ORDER AND NOTICE OF Settlement Conference set for 5/4/2009 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. So Ordered by Magistrate Judge Lincoln D. Almond on 1/16/2009. (Noel, Jeannine)
January 20, 2009 Opinion or Order Filing 122 PROTECTIVE ORDER: OMNOVA Solutions Inc.. So Ordered by Judge William E Smith on 1/16/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order Filing 121 PROTECTIVE ORDER: Rhodes Technologies, Inc.. So Ordered by Judge William E Smith on 1/16/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order Filing 120 PROTECTIVE ORDER: Bradford Soap International, Inc.. So Ordered by Judge William E Smith on 1/16/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order Filing 119 PROTECTIVE ORDER: Arch Chemicals, Inc.. So Ordered by Judge William E Smith on 1/16/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order TEXT ORDER granting #111 Motion for Protective Order. So Ordered by Judge William E Smith on 1/16/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order TEXT ORDER granting #112 Motion for Extension of Time to Complete Discovery; granting #113 Motion for Extension of Time to Complete Discovery. So Ordered by Judge William E Smith on 1/20/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order TEXT ORDER VACATING re: Courts text order dated 1/20/2009 granting #112 Order on Motion for Extension of Time to Complete Discovery. So Ordered by Judge William E Smith on 1/20/2009. (Geile, Wendy)
January 20, 2009 Opinion or Order REVISED NOTICE of Hearing: Hearing on Plaintiff's Notice of Appeal of Magistrate Judge Lincoln D. Almonds' Memorandum and Order dated 12/18/2008 set for 2/2/2009 at 11:00 AM in Courtroom 2 before Judge William E Smith. (Geile, Wendy)
January 20, 2009 Opinion or Order NOTICE of Hearing: Hearing on Plaintiff's Notice of Appeal of Magistrate Judge Lincoln D. Almonds' Memorandum and Order dated 12/18/2009 set for 2/2/2009 at 11:00 AM in Courtroom 2 before Judge William E Smith. (Geile, Wendy)
January 16, 2009 Opinion or Order Motions Forwarded to Chambers #113 MOTION for an Extension of Time to Complete Discovery (Unopposed), #112 MOTION for an Extension of Time to Complete Discovery FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
January 15, 2009 Opinion or Order Filing 118 MOTION to Compel Production of Documents by New England Container Company, Inc. With Supporting Memorandum by Emhart Industries, Inc. Responses due by 2/2/2009 (Attachments: #1 Supporting Memorandum, #2 Errata A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Scott, Craig)
January 15, 2009 Opinion or Order Filing 117 MOTION to Compel Rule 30(b)(6) Deposition of New England Container Company, Inc., and the Depositions of New England Container Company, Inc.'s Former Employees With Supporting Memorandum by Emhart Industries, Inc. Responses due by 2/2/2009 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Green, Rachelle)
January 15, 2009 Opinion or Order Filing 116 MOTION to Compel the Deposition of and Production of Documents from Bradford Soap International, Inc. With Supporting Memorandum by Emhart Industries, Inc. Responses due by 2/2/2009 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B)(Green, Rachelle)
January 15, 2009 Opinion or Order Filing 115 MEMORANDUM IN SUPPORT by Rhodes Technologies, Inc. in support of #114 First MOTION for Protective Order MOTION to Quash. (Ratcliffe, J.)
January 15, 2009 Opinion or Order Filing 114 First MOTION for Protective Order, MOTION to Quash with Supporting Memo by Rhodes Technologies, Inc.. Responses due by 2/2/2009 (Attachments: #1 Exhibit Subpoena)(Ratcliffe, J.)
January 14, 2009 Opinion or Order Filing 113 MOTION for an Extension of Time to Complete Discovery (Unopposed) with Supporting Memorandum by Emhart Industries, Inc. Responses due by 2/2/2009 (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
January 14, 2009 Opinion or Order NOTICE of Hearing: Telephone Conference set for 2/5/2009 at 11:30 AM in Judge Smith Chambers - before Judge William E Smith. (Geile, Wendy)
January 14, 2009 Opinion or Order Motion Forwarded to Chambers #111 Assented MOTION for Protective Order FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
January 13, 2009 Opinion or Order Filing 112 MOTION for an Extension of Time to Complete Discovery with Supporting Memorandum by Emhart Industries, Inc. Responses due by 1/30/2009 (Attachments: #1 Supporting Memorandum)(Green, Rachelle)
January 13, 2009 Opinion or Order Filing 111 Assented MOTION for Protective Order With Supporting Memorandum by Emhart Industries, Inc. Responses due by 1/30/2009 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Supporting Memorandum)(Green, Rachelle)
January 8, 2009 Opinion or Order Filing 110 TRANSCRIPT of Proceedings held on 12/16/08 before Judge Almond. Court Reporter/Transcriber Joseph A. Fontes, Telephone number 561-452-7507. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2009. Redacted Transcript Deadline set for 2/9/2009. Release of Transcript Restriction set for 4/8/2009. (Fontes, Joseph)
January 8, 2009 Opinion or Order Remark: Transcript request #109 forwarded to Joseph Fontes, Court Reporter (Noel, Jeannine)
January 7, 2009 Opinion or Order Filing 109 TRANSCRIPT REQUEST for proceedings held on 12/16/08 before Judge Magistrate Judge Almond.. (Barletta, Barbara)
January 7, 2009 Opinion or Order Remark: Transcript Request #108 , CD and docket forwarded to Joseph Fontes, Court Reporter, via Fed-ex (Noel, Jeannine)
January 6, 2009 Opinion or Order Filing 108 TRANSCRIPT REQUEST for proceedings held on 12/16/2008 before Judge Lincoln Almond.. (Green, Rachelle)
January 6, 2009 Opinion or Order Filing 107 TRANSCRIPT REQUEST for proceedings held on 12/18/2008 before Judge Lincoln Almond.. (Green, Rachelle) Modified on 1/7/2009 (Noel, Jeannine). ERROR: Wrong hearing date. Attorney to re-file with the proper hearing date.
January 5, 2009 Opinion or Order Filing 106 Appellant's BRIEF by Emhart Industries, Inc. Appellee Brief due by 2/4/2009. (Attachments: #1 Exhibit A)(Green, Rachelle)
January 5, 2009 Opinion or Order Filing 105 NOTICE OF APPEAL as to #104 Order on Motion to Quash, Order on Motion to Compel by Emhart Industries, Inc. Appeal Record due by 2/4/2009. (Green, Rachelle)
December 19, 2008 Opinion or Order Filing 104 MEMORANDUM AND ORDER granting #97 Motion to Quash; denying #98 Motion to Compel. So Ordered by Magistrate Judge Lincoln D. Almond on 12/18/08. (Noel, Jeannine)
December 16, 2008 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 12/16/2008 re #97 MOTION to Quash Nonparty Subpoena filed by Travelers Casualty & Surety Company, #98 MOTION to Compel Production of DOcuments By Travelers Casualty & Surety Company filed by Emhart Industries, Inc. (Pirozzolo, Green, Hermanson, Priciphs) Argument; Court takes under advisement (Courtroom A at 10:30 am.) (Noel, Jeannine)
December 10, 2008 Opinion or Order CORRECTIVE DOCKET ENTRY re: Order on Motion for Miscellaneous Relief, Set/Reset Scheduling Order Deadlines: Deadline extensions not included in docket text. New deadlines are as follows: Fact Discovery Due January 15, 2009, Plaintiff Expert Discosures Due January 15,2009; Deft. Expert Disclosures Due April 17, 2009; Expert Discovery due June 22, 2009, Dispositive Motions due July 2, 2009, Pretrial Memoranda due 30 days after decision on any dispositive motions. If no dispositive motions Pretrial Memoranda due August 5, 2009. (Farrell Pletcher, Paula)
December 9, 2008 Opinion or Order TEXT ORDER granting #103 Motion to Extend Pretrial Order Deadlines; Set/Reset Scheduling Order Deadlines:( All Discovery shall completed by 6/22/2009, Dispositive Motions due by 7/2/2009.) So Ordered by Judge William E Smith on 12/9/2008. (Smith, Rana)
December 3, 2008 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Status Conference held on 12/3/2008. Jack Pirozzolo, David Cole and Rachelle Greene for Plaintiff. Todd White, Eric Hermanson, Jason Preciphs, James Ryan and John Peloso for Defendants. All counsel of record present. (Geile, Wendy)
December 3, 2008 Opinion or Order NOTICE of Hearing on Motion #98 MOTION to Compel Production of DOcuments By Travelers Casualty & Surety Company, #97 MOTION to Quash Nonparty Subpoena : Motion Hearing set for 12/16/2008 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
December 2, 2008 Opinion or Order Filing 103 MOTION for Consideration at December 3, 2008 Status Conference by Emhart Industries, Inc. Responses due by 12/19/2008 (Attachments: #1 Exhibit A)(Green, Rachelle)
December 2, 2008 Opinion or Order Motion Forwarded to Chambers #97 MOTION to Quash Nonparty Subpoena FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
December 2, 2008 Opinion or Order NOTICE of Hearing on Motion #98 MOTION to Compel Production of DOcuments By Travelers Casualty & Surety Company : Motion Hearing set for 12/16/2008 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)
December 2, 2008 Opinion or Order MOTION REFERRED: #97 MOTION to Quash Nonparty Subpoena Motion referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
December 1, 2008 Opinion or Order Filing 102 RESPONSE in Opposition re #97 MOTION to Quash Nonparty Subpoena filed by Emhart Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Green, Rachelle)
December 1, 2008 Opinion or Order MOTION REFERRED: #98 MOTION to Compel Production of DOcuments By Travelers Casualty & Surety Company Motion referred to Magistrate Judge Lincoln D. Almond for determination. (Geile, Wendy)
November 28, 2008 Opinion or Order Filing 101 RESPONSE in Opposition re #98 MOTION to Compel Production of DOcuments By Travelers Casualty & Surety Company filed by Travelers Casualty & Surety Company. (Preciphs, Jason)
November 19, 2008 Opinion or Order Filing 100 ORDER granting #96 Motion to Appear Pro Hac Vice of Megan E. Baroni. So Ordered by Judge William E Smith on 11/19/2008. (Geile, Wendy)
November 18, 2008 Opinion or Order Filing 99 APPLICATION FOR ADMISSION PRO HAC VICE re #96 MOTION for Megan E. Baroni to Appear Pro Hac Vice by New England Container Company, Inc. (Geile, Wendy)
November 18, 2008 Opinion or Order Motion Forwarded to Chambers #96 MOTION for Megan E. Baroni to Appear Pro Hac Vice FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
November 14, 2008 Opinion or Order Filing 98 MOTION to Compel Production of DOcuments By Travelers Casualty & Surety Company With Supporting Memo by Emhart Industries, Inc. Responses due by 12/1/2008 (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Green, Rachelle)
November 14, 2008 Opinion or Order Filing 97 MOTION to Quash Nonparty Subpoena WITH SUPPORTING MEMO by Travelers Casualty & Surety Company. Responses due by 12/1/2008 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Preciphs, Jason)
November 14, 2008 Opinion or Order Filing 96 MOTION for Megan E. Baroni to Appear Pro Hac Vice by New England Container Company, Inc. (Ryan, James)
November 14, 2008 Opinion or Order Filing 95 NOTICE by New England Container Company, Inc of Withdrawal of Appearance of Richard M. Fil (Ryan, James)
November 13, 2008 Opinion or Order TEXT ORDER granting in part #93 Motion for Extension of Time. Pretrial deadlines have been modified as follows: All fact discovery shall be completed on or before 12/10/2008; Plaintiff's expert disclosures due 12/10/2008. So Ordered by Judge William E Smith on 11/13/2008. (Geile, Wendy)
November 12, 2008 Opinion or Order Filing 94 NOTICE of Appearance by Jennifer R. Cervenka on behalf of New England Container Company, Inc (Cervenka, Jennifer)
November 12, 2008 Opinion or Order Motion Forwarded to Chambers #93 MOTION for an Extension of Time for Deadlines in Pretrial Order FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
November 10, 2008 Opinion or Order Filing 93 MOTION for an Extension of Time for Deadlines in Pretrial Order by Emhart Industries, Inc. Responses due by 11/28/2008 (Green, Rachelle)
September 17, 2008 Opinion or Order Filing 92 ORDER granting #90 Motion to Appear Pro Hac Vice of James P. Ray. So Ordered by Judge William E Smith on 9/17/2008. (Geile, Wendy)
September 16, 2008 Opinion or Order Motion Forwarded to Chambers #90 MOTION for James P. Ray to Appear Pro Hac Vice FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy)
September 11, 2008 Opinion or Order Filing 91 APPLICATION FOR ADMISSION PRO HAC VICE re #90 MOTION for James P. Ray to Appear Pro Hac Vice by New England Container Company, Inc. (Smith, Rana)
September 10, 2008 Opinion or Order Filing 90 MOTION for James P. Ray to Appear Pro Hac Vice by New England Container Company, Inc. (Ryan, James)
August 25, 2008 Opinion or Order SECOND REVISED NOTICE of Hearing: Status Conference RESET for 12/3/2008 at 9:30 AM in Judge Smith Chambers - before Judge William E Smith. (Geile, Wendy)
August 25, 2008 Opinion or Order REVISED NOTICE of Hearing:Status Conference RESET for 12/2/2008 at 9:30 AM in Judge Smith Chambers - before Judge William E Smith. Hearing was previously scheduled for 11/25/2008. (Geile, Wendy)
August 4, 2008 Opinion or Order Filing 89 TRANSCRIPT of Motions Proceedings held on July 22, 2008 before Judge Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2008. Redacted Transcript Deadline set for 9/4/2008. Release of Transcript Restriction set for 11/3/2008. (Clayton, Anne)
July 22, 2008 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 7/22/2008 re #83 MOTION to Dismiss filed by Travelers Casualty & Surety Company. Jack Pirozzolo and Rachelle Green for Emhart Industries. Eric Hermanson and R. Kelly Sheridan, Jr. for Travelers Casualty. Also present: James Ryan and John Peloso, Jr. for N.E. Container; Todd White for Providence Washington Mutual. Court addresses. Arguments heard as to Travelers Casualty's Motion to Dismiss; Court denies as MOOT. Court states the matter against the insurer's is severed and discovery is stayed. Emhart may pursue the third party discovery as to the insurers. (Court Reporter Anne Clayton in Courtroom 2 at 2:12 pm.) (Smith, Rana)
July 22, 2008 Opinion or Order TEXT ORDER finding as moot #83 Motion to Dismiss. So Ordered by Judge William E Smith on 7/22/08. (Smith, Rana)
July 22, 2008 Opinion or Order NOTICE of Hearing: Status Conference set for 11/25/2008 at 9:30 AM in Judge Smith Chambers - before Judge William E Smith. (Vorias, Doreen)
July 17, 2008 Opinion or Order TEXT ORDER denying #87 Motion for Leave to File. So Ordered by Judge William E Smith on 7/17/2008. (Geile, Wendy)
July 11, 2008 Opinion or Order Filing 88 RESPONSE in Opposition re #87 MOTION for Leave to File Motion for Leave to Respond to the Supplemental Submission of Travelers Casualty and Surety Company Regarding Dismissal or Stay of Direct Action Claims filed by Travelers Casualty & Surety Company. (Preciphs, Jason)
July 8, 2008 Opinion or Order Filing 87 MOTION for Leave to File Motion for Leave to Respond to the Supplemental Submission of Travelers Casualty and Surety Company Regarding Dismissal or Stay of Direct Action Claims by Emhart Industries, Inc. Responses due by 7/25/2008 (Green, Rachelle)
June 12, 2008 Opinion or Order Filing 86 AFFIDAVIT re #85 Supplemental Memorandum in Opposition, by Emhart Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part II, #4 Exhibit B Part III, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E Part I, #8 Exhibit E Part II)(Green, Rachelle)
June 12, 2008 Opinion or Order Filing 85 SUPPLEMENTAL MEMORANDUM by Emhart Industries, Inc in opposition to #12 MOTION to Dismiss, #4 MOTION for Judgment on the Pleadings. (Attachments: #1 Exhibit 1 to Supplemental Opposition, #2 Exhibit 2 (Part I) to Supplemental Opposition, #3 Exhibit 2 (Part II) to Supplemental Opposition)(Scott, Craig)
June 12, 2008 Opinion or Order Filing 84 SUPPLEMENTAL MEMORANDUM by Emhart Industries, Inc in opposition to #12 MOTION to Dismiss, #4 MOTION for Judgment on the Pleadings. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1 to Supplemental Opposition, #3 Exhibit B Part II)(Green, Rachelle)
June 12, 2008 Opinion or Order Filing 83 MOTION to Dismiss supplemental submission to docket No. 80, 28 & 12 by Travelers Casualty & Surety Company. Responses due by 6/30/2008 (Preciphs, Jason)
May 29, 2008 Opinion or Order Filing 82 NOTICE by New England Container Company, Inc of Withdrawal of Appearance of John R. Bauer (Ryan, James)
May 29, 2008 Opinion or Order Filing 81 NOTICE of Appearance by Katy A. Hynes on behalf of Providence Washington Insurance Company (Hynes, Katy)
May 29, 2008 Opinion or Order TEXT ORDER granting #79 Joint Motion to Extend Deadlines in Pretrial Order as follows: All fact discovery must be completed by 11/19/2008; plaintiff's expert disclosures are due by 11/19/2008; defendants' expert disclosures are due by 2/19/2009; expert discovery closes on 4/19/2009; dispositive motions are due by 5/30/2009; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, 6/30/2009.. So Ordered by Judge William E Smith on 5/29/2008. (Vorias, Doreen)
May 29, 2008 Opinion or Order Minute Entry for proceedings held before Judge William E Smith: Status Conference held on 5/29/2008. Adam Weisberger, Elisa Nethercott, Jack R. Pirozzolo, Rachell R. Green for Plaintiff. Todd White, Eric Bradford Hermanson, John Nadas, Kelly Sherridan, Jr., Katy Hynes, Jim Ryan and John Peloso for Defendants'. (Vorias, Doreen)
May 29, 2008 Opinion or Order NOTICE RESCHEDULING SETTLEMENT CONFERENCE: Settlement Conference RESCHEDULED for 5/4/2009 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. MOVED FROM 6/3/2008.(Noel, Jeannine)
May 29, 2008 Opinion or Order REVISED NOTICE of Hearing: Motion Hearing RE: #4 Motion to Dismiss and #12 Motion to Dismiss, RE: #66 Motion to Lift Stay set for 7/22/2008 at 2:00 PM in Courtroom 2 before Judge William E Smith. (Vorias, Doreen)
May 29, 2008 Opinion or Order NOTICE of Hearing: Motion Hearing re: #31 Motion to Dismiss and #66 Motion to Lift Stay set for 7/22/2008 at 2:00 PM in Courtroom 2 before Judge William E Smith. (Vorias, Doreen)
May 28, 2008 Opinion or Order Filing 80 RESPONSE in Opposition re #66 MOTION to Stay re #55 Order,, MOTION to Stay re #55 Order,, filed by Travelers Casualty & Surety Company. (Preciphs, Jason)
May 27, 2008 Opinion or Order Filing 79 NOTICE by Emhart Industries, Inc, New England Container Company, Inc re Order on Motion for Extension of Time,, Joint Motion to Extend Deadlines in Pretrial Order (Green, Rachelle)
May 13, 2008 Opinion or Order NOTICE of Hearing: In Chambers Conference set for 5/29/2008 at 10:30 AM in Judge Smith Chambers - before Judge William E Smith. (Geile, Wendy)
April 18, 2008 Opinion or Order Filing 78 NOTICE by Providence Washington Insurance Company of Withdrawal of Appearance (LaPorte, Jaime)
March 27, 2008 Opinion or Order TEXT ORDER granting #75 Motion to Amend/Correct. So Ordered by Judge William E Smith on 3/27/2008. (Baldinelli, Doreen)
March 21, 2008 Opinion or Order TEXT ORDER granting #77 Joint MOTION for an Extension of Time to Extend Deadlines in Pretrial Order as follows: All fact discovery must be completed by 8/31/08; plaintiff's expert disclosures are due by 6/19/08; defendants' expert disclosures are due by 9/19/08; expert discovery closes on 11/19/08; dispositive motions are due by 12/19/08; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, 12/19/08.. So Ordered by Judge William E Smith on 3/21/2008. (Baldinelli, Doreen)
March 19, 2008 Opinion or Order Filing 77 Joint MOTION for an Extension of Time to Extend Deadlines in Pretrial Order by New England Container Company, Inc. (Ryan, James) and by Emhart Industries, Inc.Responses due by 4/7/2008 (Green, Rachelle)
March 17, 2008 Opinion or Order TEXT ORDER granting #76 Assented TO MOTION for an Extension of Time up to and including March 24, 2008 to file response/reply as to #75 MOTION to Amend/Correct #58 Answer to Complaint, Counterclaim and Affirmative Defenses Responses due by 3/24/2008. So Ordered by Judge William E Smith on 3/17/2008. (Baldinelli, Doreen)
March 14, 2008 Opinion or Order Filing 76 Assented MOTION for an Extension of Time to File Response/Reply as to #75 MOTION to Amend/Correct #58 Answer to Complaint, Counterclaim and Affirmative Defenses by Emhart Industries, Inc.Responses due by 3/31/2008 (Green, Rachelle)
February 29, 2008 Opinion or Order Filing 75 MOTION to Amend/Correct #58 Answer to Complaint, Counterclaim and Affirmative Defenses with Supporting Memo by New England Container Company, Inc.Responses due by 3/17/2008 (Attachments: #1 Exhibit A)(Ryan, James)
January 24, 2008 Opinion or Order TEXT ORDER granting #74 MOTION for an Extension of Time up to and including January 25, 2008 to respond to Plaintiff's First Set of Interrogatories. So Ordered by Judge William E Smith on 1/24/2008. (Baldinelli, Doreen)
January 17, 2008 Opinion or Order Filing 74 MOTION for an Extension of Time to Respond to Plaintiff's First Set of Interrogatories by New England Container Company, Inc.Responses due by 2/4/2008 (Ryan, James)
January 17, 2008 Opinion or Order Filing 73 ORDER granting #71 Motion to Appear Pro Hac Vice of Richard M Fil. So Ordered by Judge William E Smith on 1/16/2008. (Baldinelli, Doreen)
January 17, 2008 Opinion or Order Filing 72 ORDER granting #70 Motion to Appear Pro Hac Vice of John R Bauer So Ordered by Judge William E Smith on 1/16/2008. (Baldinelli, Doreen)
January 14, 2008 Opinion or Order Filing 71 MOTION for Richard M. Fil to Appear Pro Hac Vice by New England Container Company, Inc. (Ryan, James)
January 11, 2008 Opinion or Order Filing 70 MOTION for John R. Bauer to Appear Pro Hac Vice by New England Container Company, Inc. (Ryan, James)
January 10, 2008 Opinion or Order Filing 69 NOTICE by New England Container Company, Inc Withdrawal of Appearance of Kirstin M. Etela (Ryan, James)
November 27, 2007 Opinion or Order Filing 68 SETTLEMENT CONFERENCE ORDER AND NOTICE OF Settlement Conference set for 6/3/2008 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. So Ordered by Magistrate Judge Lincoln D. Almond on 11/26/07. (Noel, Jeannine)
November 20, 2007 Opinion or Order Filing 67 PRETRIAL ORDER. All fact discovery must be completed by 5/30/08; plaintiff's expert disclosures are due by 3/19/08; defendants' expert disclosures are due by 6/19/08; expert discovery closes on 8/19/08; dispositive motions are due by 9/19/08; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, 9/19/08. So Ordered by Judge William E Smith on 11/20/07. (Marseglia, Patricia)
November 19, 2007 Opinion or Order Minute Entry for proceedings held before Judge William E Smith : Rule 16 Conference held on 11/19/2007. Jack Pirozzolo, Adam Weisberger, Rachelle Green for Plaintiff. R. Kelly Sheridan, John Nadas, Eric Hermanson, Jamie Laporte, Todd White, John Peloso, James Ryan for Defendants. Settlement conference to be scheduled before Magistrate Judge Almond in June 2008. (Baldinelli, Doreen)
November 15, 2007 Opinion or Order Filing 66 MOTION to Stay re #55 Order,, with Supporting Memorandum by Emhart Industries, Inc.Responses due by 12/3/2007 (Attachments: #1 Supporting Memorandum in Support of Plaintiff's Motion for Partial Relief of Stay#2 Exhibit A to Memorandum#3 Exhibit B to Memorandum#4 Exhibit C to Memorandum#5 Exhibit D to Memorandum)(Green, Rachelle)
November 15, 2007 Opinion or Order Filing 65 RULE 16 STATEMENT by Emhart Industries, Inc. (Green, Rachelle)
November 14, 2007 Opinion or Order Filing 64 RULE 16 STATEMENT OF ELEMENTS OF CLAIMS by New England Container Company, Inc. (Ryan, James)
October 29, 2007 Opinion or Order Filing 63 Amended Answer and Affirmative Defenses Reply to Counterclaim of Defendant New England Container Company, Inc.'s Counterclaims by Emhart Industries, Inc. (Green, Rachelle)
October 26, 2007 Opinion or Order SECOND REVISED NOTICE of Hearing:Rule 16 Conference RESET for 11/19/2007 AT 2:00 PM in Judge Smith Chambers before Judge William E Smith. (Baldinelli, Doreen)
October 22, 2007 Opinion or Order Filing 62 NOTICE of Hearing:Rule 16 Conference set for 11/1/2007 at 10:00 AM in Judge Smith Chambers before Judge William E Smith. (Baldinelli, Doreen)
October 22, 2007 Opinion or Order REVISED NOTICE of Hearing:Rule 16 Conference RESET for 10/31/2007 AT 2:00 PM in Judge Smith Chambers before Judge William E Smith. (Baldinelli, Doreen)
October 16, 2007 Opinion or Order Filing 61 NOTICE by BNS Co. f/k/a Browne & Sharpe Manufacturing Co. of Objection to Subpoena Duces Tecum Issued by Plaintiff (Attachments: #1 Exhibit Subpoena Duces Tecum to BNS Co. f/k/a Browne & Sharpe Manufacturing Co.)(Sherman, Deming)
October 9, 2007 Opinion or Order Filing 60 ANSWER to Counterclaim by Emhart Industries, Inc.(Green, Rachelle)
October 5, 2007 Opinion or Order Filing 59 AMENDED ANSWER to Complaint, First COUNTERCLAIM against Emhart Industries, Inc by New England Container Company, Inc.(Ryan, James)
September 17, 2007 Opinion or Order Filing 58 ANSWER to Complaint, First COUNTERCLAIM against Emhart Industries, Inc by New England Container Company, Inc.(Ryan, James)
August 27, 2007 Opinion or Order Filing 57 NOTICE of Appearance by Rachelle R. Green on behalf of Emhart Industries, Inc (Green, Rachelle)
August 23, 2007 Opinion or Order TEXT ORDER granting #56 Motion for Extension of Time to Answer to Complaint . So Ordered by Judge William E Smith on August 23, 2007. (Geile, Wendy)
August 17, 2007 Opinion or Order Filing 56 MOTION for an Extension of Time to File Answer to Complaint with Supporting Memorandum by New England Container Company, Inc. Responses due by 9/4/2007 (Ryan, James)
August 15, 2007 Opinion or Order Filing 55 ORDER - It is hereby ordered that Emhart Industries, Inc's action against Providence Washington Insurance Company and Travelers Casualty & Surety Company is severed and stayed pending resolution of the underlying cost recovery action between Emhart and New England Container Company, Inc. In the event that the relationship between NECC and the Insurance Companies either changes or is affected by a potential settlement of claims, Emhart may move to lift the stay in order to pursue any remedies it may have. So Ordered by Judge William E Smith on 08/15/2007. (Baldinelli, Doreen)
August 7, 2007 Opinion or Order Filing 54 NOTICE by Teknor-Apex Objecting to Subpoena Duces Tecum of Plaintiff (Benik, Gregory)
August 7, 2007 Opinion or Order Filing 53 NOTICE by Eastern Color & Chemical Co. Objecting to Subpoena Duces Tecum of Plaintiff (Benik, Gregory)
August 6, 2007 Opinion or Order Filing 52 NOTICE by Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc. of Objection to Subpoena Duces Tecum Issued by Plaintiff (Attachments: #1 Exhibit A - Subpoena)(Sherman, Deming)
June 11, 2007 Opinion or Order Filing 51 ORDER granting #50 Motion to Appear Pro Hac Vice of Philip C. Swain. So Ordered by Judge William E Smith on 06/11/2007. (Baldinelli, Doreen)
May 24, 2007 Opinion or Order Filing 50 MOTION for Philip Swain to Appear Pro Hac Vice by Emhart Industries, Inc. (Scott, Craig)
April 19, 2007 Opinion or Order Filing 49 NOTICE by Emhart Industries, Inc Withdrawal of Appearance of Robert J. O'Keefe (Scott, Craig)
March 20, 2007 Opinion or Order Filing 48 MEMORANDUM OPINION AND ORDER granting in part and denying in part #31 Motion to Dismiss, granting in part and denying in part #31 Motion to Stay . So Ordered by Judge William E Smith on 03/20/2007. (Baldinelli, Doreen) Document type modified on 4/4/2007 (Dube, Paulette).
March 16, 2007 Opinion or Order Filing 47 NOTICE by Emhart Industries, Inc Withdrawal Appearance (Binder, Richard)
January 18, 2007 Opinion or Order Minute Entry for proceedings held before Judge William E Smith : Status Conference held on 1/18/2007. Jack Pirozzolo for Plaintiff. Todd White, Jamie Laporte, Eric Hermanson, John Nadas, Kelly Sheridan, Jr., John Peloso, Jr for Defendants. (Baldinelli, Doreen)
January 10, 2007 Opinion or Order NOTICE of Hearing: Status Conference set for 1/18/2007 at 3:00 PM in Judge Smith Chambers before Judge William E Smith. (Baldinelli, Doreen)
December 4, 2006 Opinion or Order Filing 46 ORDER granting #39 Motion to Appear Pro Hac Vice of Jack R. Pirozzolo . So Ordered by Judge William E Smith on 11/30/2006. (Baldinelli, Doreen)
November 30, 2006 Opinion or Order Filing 45 CERTIFICATE OF SERVICE by Emhart Industries, Inc (O'Keefe, Robert)
November 30, 2006 Opinion or Order Filing 44 ORDER granting #37 Motion to Appear Pro Hac Vice of Kirsten M Etela . So Ordered by Judge William E Smith on 11/28/2006. (Baldinelli, Doreen)
November 30, 2006 Opinion or Order Filing 43 ORDER granting #38 Motion to Appear Pro Hac Vice of Richard L. Binder . So Ordered by Judge William E Smith on 11/28/2006. (Baldinelli, Doreen)
November 27, 2006 Opinion or Order Filing 42 ORDER granting #36 Motion to Appear Pro Hac Vice of John F.X. Peloso, Jr. . So Ordered by Judge William E Smith on 11/22/2006. (Baldinelli, Doreen)
November 22, 2006 Opinion or Order Filing 41 TRANSCRIPT of Proceedings held on November 13, 2006 before Judge William E. Smith. Court Reporter: Anne Clayton.. (Baldinelli, Doreen) (Farrell Pletcher, Paula).
November 13, 2006 Opinion or Order Minute Entryfor proceedings held before Judge William E. Smith : Motion Hearing held on 11/13/2006 re #31 MOTION to Dismiss, MOTION to Stay filed by New England Container Company, Inc, #12 MOTION to Dismiss filed by Travelers Casualty & Surety Company and #4 MOTION for Judgment on the Pleadings filed by Providence Washington Insurance Company. Plaintiff: C. Scott, Esq., R. Binder, Esq., J. Pirozzolo, Esq. Defendants: J. Ryan, Esq., J. Peloso, Esq., T. White, Esq., E. Hermanson, Esq., J. Preciphs, Esq., J. Nadas, Esq. and K. Sheridan, Esq. Counsel of record present. Hermanson, White and Peloso argue respective motions for defendants. Pirozzolo argues in opposition to all defendant motions on behalf of plaintiff. Court takes all motions under advisement. (Court Reporter Anne Clayton.) (Leyva, Lucia)
November 7, 2006 Opinion or Order Filing 40 RESPONSE in Opposition re #31 MOTION to Dismiss MOTION to StayWith Supporting Memorandum filed by Emhart Industries, Inc. (Scott, Craig)
November 7, 2006 Opinion or Order Filing 39 MOTION for Jack R. Pirozzolo to Appear Pro Hac Vice by Emhart Industries, Inc. (Scott, Craig)
November 7, 2006 Opinion or Order Filing 38 MOTION for Richard L. Binder to Appear Pro Hac Vice by Emhart Industries, Inc. (Scott, Craig)
November 6, 2006 Opinion or Order Filing 37 MOTION for Kristin M. Etela to Appear Pro Hac Vice by New England Container Company, Inc. (Ryan, James)
November 2, 2006 Opinion or Order Filing 36 MOTION for John F.X. Peloso, Jr. to Appear Pro Hac Vice by New England Container Company, Inc. (Ryan, James)
October 10, 2006 Opinion or Order Filing 35 STIPULATION re #34 Stipulation by Emhart Industries, Inc, New England Container Company, Inc.; The plaintiff may respond to Deft's Motion to Dismiss by November 7, 2006. (Baldinelli, Doreen)
October 10, 2006 Opinion or Order Reset Hearing: re #31 MOTION to Dismiss MOTION to Stay filed by New England Container Company, Inc,, #12 MOTION to Dismiss filed by Travelers Casualty & Surety Company,, #4 MOTION for Judgment on the Pleadings filed by Providence Washington Insurance Company, Motion Hearing reset for 11/13/2006 at 9:30 AM in Courtroom 2 before Judge William E Smith. (Baldinelli, Doreen)
October 6, 2006 Opinion or Order Filing 34 STIPULATION Extending time for Emhart Industries to Respond to Motions to Dismiss by Emhart Industries, Inc. (Scott, Craig)
September 26, 2006 Opinion or Order Reset Deadlines as to #12 MOTION to Dismiss, #31 MOTION to Dismiss MOTION to Stay, #4 MOTION for Judgment on the Pleadings. Motion Hearing set for 10/19/2006 09:30 AM in Courtroom 2 before Judge William E Smith. (Mercurio, Alba-Sue)
September 22, 2006 Opinion or Order Filing 33 NOTICE by New England Container Company, Inc Notice of Related Action or Proceeding under Rule 9.1 (Ryan, James)
September 22, 2006 Opinion or Order Filing 32 MEMORANDUM IN SUPPORT by New England Container Company, Inc in support of #31 MOTION to Dismiss MOTION to Stay. (Attachments: #1 Exhibit Complaint and Jury Demand#2 Exhibit Affidavit of Sarah Martin#3 Exhibit Complaint)(Ryan, James)
September 22, 2006 Opinion or Order Filing 31 MOTION to Dismiss, MOTION to Stay Pursuant to Fed. R. Civ. P.12(B)(6) by New England Container Company, Inc. Responses due by 10/10/2006 Responses due by 10/10/2006 (Ryan, James)
September 15, 2006 Opinion or Order TEXT ORDER granting absent opposition #29 Motion for Extension of Time to Answer. New England Container Company, Inc answer due 9/22/2006. So Ordered by Magistrate Judge Lincoln D. Almond on 09/15/2006. (Almond, Lincoln)
September 14, 2006 Opinion or Order Filing 30 MEMORANDUM IN SUPPORT by New England Container Company, Inc in support of #29 MOTION for Extension of Time to File Answer. (Ryan, James)
September 14, 2006 Opinion or Order Filing 29 MOTION for Extension of Time to File Answer With Supporting Memo by New England Container Company, Inc. Responses due by 10/2/2006 (Ryan, James)
September 14, 2006 Opinion or Order #29 MOTION for Extension of Time to File Answer REFERRED to MJ Almond. (Mercurio, Alba-Sue)
September 1, 2006 Opinion or Order Filing 28 RESPONSE in Support re #12 MOTION to Dismiss - filed by Travelers Casualty & Surety Company. (Preciphs, Jason) Modified on 9/5/2006 - deleted duplicative text (Mercurio, Alba-Sue).
August 30, 2006 Opinion or Order Filing 27 NOTICE of Appearance by James W. Ryan on behalf of New England Container Company, Inc (Ryan, James)
August 30, 2006 Opinion or Order Filing 26 STIPULATION extending time for Defendant, New England Container Company, to respond to Complaint to 9/15/06. Signed by Judge William E Smith on 8/29/06. (Mercurio, Alba-Sue)
August 30, 2006 Opinion or Order Set/Reset Deadlines: New England Container Company, Inc answer due 9/15/2006. (Mercurio, Alba-Sue)
August 28, 2006 Opinion or Order CORRECTIVE DOCKET ENTRY re: #25 Stipulation. Error: One of the filers not selected; Correction: Filer Emhart Industries, Inc. linked to Stipulation (Mercurio, Alba-Sue)
August 25, 2006 Opinion or Order Filing 25 STIPULATION by New England Container Company, Inc. and Emhart Industries, Inc. Ryan, James) Modified on 8/28/2006; added filer Emhart Industries, Inc. (Mercurio, Alba-Sue).
August 25, 2006 Opinion or Order Set Deadlines as to #12 MOTION to Dismiss, #4 MOTION for Judgment on the Pleadings. Motion Hearing set for 10/18/2006 09:30 AM in Courtroom 2 before Judge William E Smith. (Mercurio, Alba-Sue)
August 11, 2006 Opinion or Order Filing 24 STIPULATION extending time to file reply brief in further support of Motion to Dismiss to September 1, 2006. Signed by Judge William E Smith on 8/11/06. (Mercurio, Alba-Sue)
August 10, 2006 Opinion or Order Filing 23 STIPULATION enlarging time to file reply memorandum by Travelers Casualty & Surety Company. (Preciphs, Jason)
August 9, 2006 Opinion or Order Motion Forwarded to Chambers #12 MOTION to Dismiss, #4 MOTION for Judgment on the Pleadings FORWARDED to Chambers of Judge Smith. (Mercurio, Alba-Sue)
August 8, 2006 Opinion or Order Filing 22 RESPONSE in Opposition re #12 MOTION to Dismiss Complaint Against Travelers Casualty and Surety Company With Supporting Memo filed by Emhart Industries, Inc.. (Bush, Christine)
August 4, 2006 Opinion or Order Filing 21 ORDER granting #17 Motion to Appear Pro Hac Vice of Eric Bradford Hermanson . Signed by Judge William E Smith on 8/3/06. (Mercurio, Alba-Sue)
August 4, 2006 Opinion or Order Filing 20 ORDER granting #16 Motion to Appear Pro Hac Vice of John A. Nadas . Signed by Judge William E Smith on 8/3/06. (Mercurio, Alba-Sue)
August 4, 2006 Opinion or Order Filing 19 ORDER granting #18 Motion to Appear Pro Hac Vice of Julie C. Rising . Signed by Judge William E Smith on 8/3/06. (Mercurio, Alba-Sue)
August 2, 2006 Opinion or Order Motion Forwarded to Chambers #18 MOTION for Julie C. Rising to Appear Pro Hac Vice, #17 MOTION for Eric Bradford Hermanson to Appear Pro Hac Vice, #16 MOTION for John A. Nadas to Appear Pro Hac Vice FORWARDED to Chambers of Judge Smith. (Mercurio, Alba-Sue)
July 14, 2006 Opinion or Order Filing 18 MOTION for Julie C. Rising to Appear Pro Hac Vice by Travelers Casualty & Surety Company. (Baldinelli, Doreen)
July 14, 2006 Opinion or Order Filing 17 MOTION for Eric Bradford Hermanson to Appear Pro Hac Vice by Travelers Casualty & Surety Company. (Baldinelli, Doreen)
July 14, 2006 Opinion or Order Filing 16 MOTION for John A. Nadas to Appear Pro Hac Vice by Travelers Casualty & Surety Company. (Baldinelli, Doreen)
July 14, 2006 Opinion or Order Filing 15 RESPONSE IN OPPOSITION by Providence Washington Insurance Company re #11 Response in Opposition to Motion. (Baldinelli, Doreen)
July 14, 2006 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time . Signed by Judge William E Smith on 7/13/06. (faxed to counsel of record)(Mercurio, Alba-Sue)
July 14, 2006 Opinion or Order Set/Reset Deadlines as to #12 MOTION to Dismiss. Responses due by 8/8/2006 (Mercurio, Alba-Sue)
July 12, 2006 Opinion or Order Filing 13 ASSENTED TO MOTION to Extend Time to and including August 8, 2006 within which Plaintiff may file its opposition and supporting submissions in response to the Travelers Motion to Dismiss Complaint WITH SUPPORTING MEMO by Emhart Industries, Inc.. Responses due by 7/31/2006 (Baldinelli, Doreen)
July 6, 2006 Opinion or Order Filing 12 MOTION to Dismiss WITH SUPPORTING MEMO by Travelers Casualty & Surety Company. Responses due by 7/24/2006 (Baldinelli, Doreen)
July 5, 2006 Opinion or Order Filing 11 RESPONSE in Opposition re #4 MOTION for Judgment on the PleadingsWITH SUPPORTING MEMO filed by Emhart Industries, Inc.. (Baldinelli, Doreen)
June 30, 2006 Opinion or Order Filing 10 SUMMONS Returned Executed by Emhart Industries, Inc.. New England Container Company, Inc served on 6/23/2006. (Baldinelli, Doreen)
June 23, 2006 Opinion or Order Filing 9 STIPULATION - Defendant's time to respond to plaintiff's Complaint is enlarged to 7/6/06. Signed by Judge William E Smith on 6/22/06. (faxed to counsel of record)(Mercurio, Alba-Sue)
June 23, 2006 Opinion or Order Reset Deadlines: Travelers Casualty & Surety Company answer due 7/6/2006. (Mercurio, Alba-Sue)
June 12, 2006 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to and including 7/5/06 to file Emhart's response to the Motion for Judgment on the Pleadings. Signed by Magistrate Judge Lincoln D. Almond on 6/9/06. Sent to counsel. (Theall, Jeannine)
June 9, 2006 Opinion or Order Filing 7 MOTION to Extend Time up to and including July 5, 2006 within which to file its response to the Deft's Motion for Judgment on the Pleadings WITH SUPPORTING MEMO by Emhart Industries, Inc.. Responses due by 6/26/2006 (Baldinelli, Doreen)
June 9, 2006 Opinion or Order #7 MOTION for Extension of Time to Extend Time to and including July 5, 2006 within which to file its response to the Deft's Motion for Judgment on the Pleadings REFERRED to MJ Almond. (Mercurio, Alba-Sue)
June 7, 2006 Opinion or Order Filing 6 NOTICE of Appearance by Jason C. Preciphs, R. Kelly Sheridan, Jr on behalf of Travelers Casualty & Surety Company (Baldinelli, Doreen)
June 6, 2006 Opinion or Order Filing 5 SUMMONS Returned Executed by Emhart Industries, Inc.. New England Container Company, Inc served on 6/1/2006. (Baldinelli, Doreen)
May 30, 2006 Opinion or Order Filing 4 MOTION for Judgment on the Pleadings WITH SUPPORTING MEMO by Providence Washington Insurance Company. Responses due by 6/16/2006 (Baldinelli, Doreen)
May 25, 2006 Opinion or Order Filing 3 SUMMONS Returned Executed by Emhart Industries, Inc.. Providence Washington Insurance Company served on 5/18/2006. (Baldinelli, Doreen)
May 25, 2006 Opinion or Order Filing 2 SUMMONS Returned Executed by Emhart Industries, Inc.. Travelers Casualty & Surety Company served on 5/16/2006. (Baldinelli, Doreen)
May 12, 2006 Opinion or Order CASE CONDITIONALLY ASSIGNED to Judge Smith. Related Case Numbers CA02-53S and CA05-195S based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Mercurio, Alba-Sue)
May 11, 2006 Opinion or Order Filing 1 COMPLAINT against New England Container Company, Inc, Providence Washington Insurance Company, Travelers Casualty & Surety Company ( Filing fee $ 350 receipt number 63282.), filed by Emhart Industries, Inc.. (Attachments: #1)(Baldinelli, Doreen)

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Search for this case: Emhart Industries, Inc. v. New England Container Company, Inc et al
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Plaintiff: Emhart Industries, Inc
Represented By: Jeffrey S. Follett
Represented By: Craig M. Scott
Represented By: Jack R. Pirozzolo
Represented By: Philip C. Swain
Represented By: Byron L. McMasters
Represented By: David E. Cole
Represented By: Emily J. Migliaccio
Represented By: Holly Drumheller Butler
Represented By: Jeffrey M. Karp
Represented By: Jeffrey S. Wetttengel
Represented By: Jerome C. Muys, Jr.
Represented By: John Carl Celeste
Represented By: Jonathan J. Huber
Represented By: Joseph L. Beavers
Represented By: Phillip Rakhunov
Represented By: Richard L. Binder
Represented By: Alexander P. Creticos
Represented By: Joseph W. Hovermill
Represented By: Matthew T. Wagman
Represented By: Rachelle R. Green
Represented By: Richard M. Brodsky
Represented By: Van P. Hilderbrand, Jr.
Represented By: Amanda Neidert Kesler
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Counter claimant: New England Container Company, Inc
Represented By: John F.X. Peloso, Jr.
Represented By: Kirsten M Etela
Represented By: James P. Ray
Represented By: James W. Ryan
Represented By: Richard M Fil
Represented By: Steven J. Boyajian
Represented By: Jennifer R. Cervenka
Represented By: John R Bauer
Represented By: Megan E. Baroni
Represented By: Rachelle R. Green
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Counter claimant: Black & Decker Inc.
Represented By: Amanda Neidert Kesler
Represented By: Holly Drumheller Butler
Represented By: John Carl Celeste
Represented By: Jeffrey S. Wetttengel
Represented By: Jonathan J. Huber
Represented By: Matthew T. Wagman
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Counter claimant: Organic Dyestuffs Corp.
Represented By: Giovanni La Terra Bellina
Represented By: Michael P. Donegan
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Counter claimant: Teknor Apex Co.
Represented By: Robert D. Fine
Represented By: Bret W. Jedele
Represented By: Douglas J. Emanuel
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Defendant: Providence Washington Insurance Company, Inc.
Represented By: Katy A. Hynes
Represented By: Louis H. Kozloff
Represented By: Michael Hamilton
Represented By: Jaime J. LaPorte
Represented By: Todd D. White
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Defendant: Travelers Casualty and Surety Company
Represented By: Jason C. Preciphs
Represented By: John A. Nadas
Represented By: Julie C. Rising
Represented By: R. Kelly Sheridan
Represented By: Robert A. Kole
Represented By: Eric Bradford Hermanson
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Defendant: United States Department of the Navy
Represented By: Phillip R. Dupre
Represented By: William D. Johnson
Represented By: Joshua M. Levin
Represented By: Laurel A. Bedig
Represented By: Marla J. Gillman
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Defendant: United States Department of Defense
Represented By: Joshua M. Levin
Represented By: Laurel A. Bedig
Represented By: Marla J. Gillman
Represented By: Phillip R. Dupre
Represented By: William D. Johnson
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Defendant: Michael B. Donley
Represented By: Laurel A. Bedig
Represented By: Marla J. Gillman
Represented By: Phillip R. Dupre
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Defendant: Ray Mabus
Represented By: Laurel A. Bedig
Represented By: Marla J. Gillman
Represented By: Phillip R. Dupre
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Defendant: Leon E. Panetta
Represented By: Laurel A. Bedig
Represented By: Marla J. Gillman
Represented By: Phillip R. Dupre
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Defendant: Greystone Incorporated
Represented By: Angel Taveras
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Defendant: Induplate Operations, LLC
Represented By: Angel Taveras
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Counter defendant: United States Department of the Air Force
Represented By: Joshua M. Levin
Represented By: Laurel A. Bedig
Represented By: Marla J. Gillman
Represented By: Phillip R. Dupre
Represented By: William D. Johnson
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Cross claimant: The United States of America
Represented By: Marla J. Gillman
Represented By: Phillip R. Dupre
Represented By: William D. Johnson
Represented By: Joshua M. Levin
Represented By: Laurel A. Bedig
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Cross claimant: Black & Decker, Inc.
Represented By: Rachelle R. Green
Represented By: Alexander P. Creticos
Represented By: Amanda Neidert Kesler
Represented By: Emily J. Migliaccio
Represented By: Holly Drumheller Butler
Represented By: Jeffrey M. Karp
Represented By: Jeffrey S. Wetttengel
Represented By: Richard M. Brodsky
Represented By: Matthew T. Wagman
Represented By: Phillip Rakhunov
Represented By: Van P. Hilderbrand, Jr.
Represented By: Jerome C. Muys, Jr.
Represented By: John Carl Celeste
Represented By: Jonathan J. Huber
Represented By: Joseph L. Beavers
Represented By: Joseph W. Hovermill
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3rd party defendant: Induplate Inc
Represented By: Angel Taveras
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3rd party defendant: Eli Lilly and Company
Represented By: John A. Ferroli
Represented By: Todd C. Schebor
Represented By: Todd D. White
Represented By: Andrew C. Spacone
Represented By: Connor B. Walby
Represented By: Susan E. Brice
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3rd party defendant: Univar USA, Inc.
Represented By: Gordon P. Cleary
Represented By: James E. O'Neil
Represented By: Benjamin J. Stone
Represented By: Michelle Ulick Rosenthal
Represented By: Leah B. Silverthorn
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3rd party defendant: Sequa Corporation
Represented By: Jeffrey M. Thomen
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3rd party defendant: CNA Holdings, LLC
Represented By: Duke K. McCall, III
Represented By: Conrad Bolston
Represented By: David B. Graham
Represented By: Robert M. Duffy
Represented By: Anthony F. Muri
Represented By: Patrick A Harvey
Represented By: Winthrop A. Short, Jr.
Represented By: Stacey P. Nakasian
Represented By: Meredith L. Compton
Represented By: Stephanie F. Friedel
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3rd party defendant: Cranston Print Works Co.
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3rd party defendant: Duro Textiles, LLC
Represented By: Alexandra K. Callam
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3rd party defendant: Sequa Corp.
Represented By: Jeffrey M. Thomen
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3rd party defendant: The Original Bradford Soap Works, Inc.
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3rd party defendant: Union Oil Company of California
Represented By: Cameron A. Secord
Represented By: Daniel E. Vineyard
Represented By: Joel R. Glover
Represented By: Randall L. Souza
Represented By: Tyler A. Self
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3rd party defendant: Cal Chemical Corporation
Represented By: Jeffrey S. Brenner
Represented By: Ruth H. Silman
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3rd party defendant: Eastern Resins Corporation
Represented By: Christopher J. O'Connor
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3rd party defendant: Eastern Color & Chemical Company
Represented By: Alexandra K. Callam
Represented By: Gregory L. Benik
Represented By: Joseph R. Wasilewski
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3rd party defendant: Tanner Industries
Represented By: Joseph J. McGair
Represented By: Robert D. Fox
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3rd party defendant: Northeast Products Co.
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3rd party defendant: Woburn Steel Drum, Inc.
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3rd party defendant: A. Harrison & Co., Inc.
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3rd party defendant: Akzo Nobel N.V.
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3rd party defendant: Bayer Corp.
Represented By: Heidi S. Minuskin
Represented By: Joseph P. Fiteni
Represented By: Timothy I. Duffy
Represented By: Anthony F. Muri
Represented By: Bradford A. De Vore
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3rd party defendant: Eastern Color & Chemical Co.
Represented By: Robin-Lee Main
Represented By: Alexandra K. Callam
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3rd party defendant: Eastern Resins Corp.
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3rd party defendant: Henkel Corp.
Represented By: Berj K. Parseghian
Represented By: Monica R. Nelson
Represented By: Philip J. O'Rourke
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3rd party defendant: Hexagon Metrology, Inc.
Represented By: Joseph A. Farside, Jr.
Represented By: Justin T. Shay
Represented By: Mark W. Freel
Represented By: Barry J. Trilling
Represented By: Leah L. Miraldi
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3rd party defendant: Indusol, Inc.
Represented By: David L. Fine
Represented By: David K. McCay
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3rd party defendant: Ingredion Inc.
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3rd party defendant: Ivax LLC
Represented By: Gerald J. Petros
Represented By: Andrew S. Tugan
Represented By: Joseph E. Wolfson
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3rd party defendant: Lanxess Sybron Chemicals, Inc.
Represented By: Craig R. Waksler
Represented By: Heidi S. Minuskin
Represented By: Ryan M. Murphy
Represented By: Timothy I. Duffy
Represented By: Joseph P. Fiteni
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3rd party defendant: Olin Corp.
Represented By: Robert C. Shindell
Represented By: Derek M. Gillis
Represented By: Jerry K. Ronecker
Represented By: John D. Meara
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3rd party defendant: Phibro Animal Health Corp.
Represented By: James P. Ray
Represented By: Megan E. Baroni
Represented By: Steven J. Boyajian
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3rd party defendant: Unilever United States, Inc.
Represented By: James P. Ray
Represented By: Megan E. Baroni
Represented By: Steven J. Boyajian
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4th party plaintiff: BASF Corp.
Represented By: Anthony F. Muri
Represented By: John C. Raffetto
Represented By: Keith P. McManus
Represented By: Lauren Fenton-Valdivia
Represented By: Michael Thomas Hensley
Represented By: Bradford A. De Vore
Represented By: David P. Schneider
Represented By: Matthew Thomas Oliverio
Represented By: Paola Toro
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3rd party plaintiff: Black & Decker Inc
Represented By: Holly Drumheller Butler
Represented By: Jeffrey S. Wetttengel
Represented By: John Carl Celeste
Represented By: Amanda Neidert Kesler
Represented By: Jonathan J. Huber
Represented By: Matthew T. Wagman
Represented By: Rachelle R. Green
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4th party defendant: ConocoPhillips Company
Represented By: Brooks R. Magratten
Represented By: Dalton R. Mott
Represented By: James F. Thompson
Represented By: Nicole M. Matteo
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4th party defendant: Rohm and Haas Company
Represented By: Harris K. Weiner
Represented By: John B. Daukas
Represented By: John C. Raffetto
Represented By: Laurence Kirsch
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Cross defendant: BNS, LLC
Represented By: Joseph A. Farside, Jr.
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Not classified by court: Original Bradford Soap Works, Inc. n/k/a Bradford Soap International, Inc
Represented By: Richard A. Sherman
Represented By: Joseph A. Farside, Jr.
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Not classified by court: Eastern Color & Chemical Co
Represented By: Alexandra K. Callam
Represented By: Gregory L. Benik
Represented By: Phillip Rakhunov
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Not classified by court: Teknor-Apex
Represented By: Bret W. Jedele
Represented By: Robert D. Fine
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Not classified by court: BNS Co. f/k/a Browne & Sharpe Manufacturing Co
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Petitioner: Rhodes Technologies, Inc.
Represented By: J. Richard Ratcliffe
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Petitioner: The Dow Chemical Company
Represented By: James T. Murphy
Represented By: Paul V. Majkowski
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Petitioner: Win Noren
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