Albemarle Corporation v. Olin Corporation
| Albemarle Corporation |
| Olin Corporation |
| 1:2023cv00600 |
| May 3, 2023 |
| US District Court for the Eastern District of Virginia |
| William E Fitzpatrick |
| Claude M Hilton |
| Anti-Trust |
| 15 U.S.C. § 15 Antitrust Litigation |
| None |
Docket Report
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| Filing 82 Memorandum in Support re #81 Consent MOTION for Extension of Expert Disclosure Deadlines filed by Albemarle Corporation. (Devinney, William) |
| Filing 81 Consent MOTION for Extension of Expert Disclosure Deadlines by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order)(Devinney, William) |
Filing 80
For reasons stated from the bench, and in accord with specific rulings and instructions thereto, it is hereby ORDERED that the Motion #64 is GRANTED-IN-PART and DENIED-IN-PART; it is further ORDERED that the objections of Albemarle Corporation ("Albemarle") to Olins First Set of Requests for Production of Documents are OVERRULED as to requested documents generated in 2019 rather than 2020, and Albemarle shall produce documents responsive to those requests pursuant to Olins specified date range beginning on January 1, 2019 to the present; it is further ORDERED that the objections of Albemarle to Olins First Set of Interrogatories (the Interrogatories) are OVERRULED as to requests for Interrogatories pursuant to Olins specified date range beginning on January 1, 2019 to the present, and Albemarle shall respond to those Interrogatories in accordance with this date range; it is further ORDERED that Albemarle is similarly permitted to seek discovery from Olin beginning on January 1, 2019 to the present; it is further ORDERED that the objections of Albemarle to Olins Interrogatory No. 11 are OVERRULED, and Albemarle shall respond to Olins Interrogatory No. 11; it is further ORDERED that the objections of Albemarle to Olins Interrogatory No. 12 are SUSTAINED, and Olins motion to compel as to Interrogatory No. 12 is DENIED; it is further ORDERED that Olins motion to compel Albemarle to produce documents responsive to Request No. 22 in Olins Second Set of Requests for Production of Documents is DENIED AS MOOT. At the hearing, the parties notified the Court that they have resolved their dispute concerning Olins Document Request No. 22 and the request is no longer at issue for purposes of this Motion. Signed by Magistrate Judge William E. Fitzpatrick on 11/15/23. (tfitz, )
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| Filing 79 Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Motion Hearing held on 11/15/2023 re #64 First MOTION to Compel filed by Olin Corporation, Status Conference held on 11/15/2023. Appearance of counsel. Motion #64 is argued and GRANTED IN PART/DENIED IN PART. Order to follow. (Tape #FTR.)(tfitz, ) |
| Filing 78 RESPONSE in Support re #61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss filed by Albemarle Corporation. (Devinney, William) |
| *** Motion Hearing deadline terminated - Per CMH's chambers, Defendant's #61 Motion for Leave to File set for 11/17/2023 will be decided on the papers; no oral argument will be heard (tarm) |
| Filing 77 Rebuttal Brief re #64 First MOTION to Compel filed by Olin Corporation. (Lian, Robert) |
| Filing 76 RESPONSE in Opposition re #61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss filed by Olin Corporation. (Lian, Robert) |
| Filing 75 MOTION for Leave to File by Olin Corporation. (Attachments: #1 Proposed Order)(Lian, Robert) |
| Filing 74 NOTICE by Albemarle Corporation re #61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss (Devinney, William) |
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Filing 73
ORDER granting #70 Motion for Hearing. ORDERED that a status conference shall be scheduled before the undersigned for Wednesday, November 15, 2023, at 3:00 p.m. Signed by Magistrate Judge William E. Fitzpatrick on 11/13/2023. (wgar, )
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| Status Conference set for 11/15/2023 at 03:00 PM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (wgar, ) |
| Filing 72 Memorandum in Opposition re #64 First MOTION to Compel filed by Albemarle Corporation. (Attachments: #1 Exhibit Exhibit A)(Devinney, William) |
| Filing 71 Memorandum in Support re #70 Consent MOTION for Hearing re Status Conference filed by Albemarle Corporation. (Devinney, William) |
| Filing 70 Consent MOTION for Hearing re Status Conference by Albemarle Corporation. (Devinney, William) |
| Set/Reset Deadlines as to #64 First MOTION to Compel . Motion Hearing reset for 11/15/2023 at 03:00 PM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (per WEF chambers) (tfitz, ) |
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Filing 69
ORDERED that:1. The Motion (Dkt. 68) is GRANTED; and2. Albemarle Corporations (Albemarles) response to Olins Motion to Compel Production of Documents and Responses to Interrogatories from Albemarle Corporation (Dkt. 64) shall be due on November 9, 2023; and3. Olins reply shall be due on November 14, 2023.Signed by Magistrate Judge William E. Fitzpatrick on 11/08/2023. (Dcrow, )
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| Set Deadline as to #64 First MOTION to Compel. Motion Hearing set for 11/17/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (wgar, ) |
| Filing 68 Consent MOTION Consent Motion to Establish Briefing Schedule for Olin Corporation's Motion to Compel re #64 First MOTION to Compel by Olin Corporation. (Attachments: #1 Proposed Order)(Lian, Robert) |
| Filing 67 Notice of Hearing Date Re-Filed set for 11/17/2023 re #64 First MOTION to Compel (Lian, Robert) |
| Notice of Correction: The filing user is directed to re-notice the motion hearing as the Court is closed on 11/10/2023 in re #66 Notice of Hearing Date. (wgar, ) |
| Filing 66 Notice of Hearing Date set for 11/10/2023 re #64 First MOTION to Compel (Lian, Robert) |
| Filing 65 Memorandum in Support re #64 First MOTION to Compel filed by Olin Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Lian, Robert) |
| Filing 64 First MOTION to Compel by Olin Corporation. (Attachments: #1 Proposed Order)(Lian, Robert) |
| Set Deadline as to #61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss. Motion Hearing set for 11/17/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (wgar, ) |
| Filing 63 Notice of Hearing Date re #61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss (Devinney, William) |
| Filing 62 Memorandum in Support re #61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss filed by Albemarle Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Devinney, William) |
| Filing 61 MOTION for Leave to File Olin Admissions in Support of Motion to Dismiss by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order)(Devinney, William) |
| Filing 60 Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 10/27/2023 re #45 MOTION to Dismiss Olin Corporation's Counterclaims filed by Albemarle Corporation.Jeffry Duffy and William Devinney appeared on behalf on the plaintiff. Corey Roush appeared on behalf of the defendant.Matter argued. Court to issue an order. Court Reporter: J. Goodwin Egal(tran) |
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Filing 59
ORDER granting #55 Consent MOTION for Extension of Expert Disclosure Deadlines (see Order for details). Signed by Magistrate Judge William E. Fitzpatrick on 10/26/2023. (swil)
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Filing 58
ORDERED that Plaintiffs Motion to Compel (Dkt. 51) is WITHDRAWN and the hearing set before the undersigned on Friday, October 27, 2023, at 10:00 a.m. is CANCELED. Signed by Magistrate Judge William E. Fitzpatrick on 10/25/2023. (Dcrow, )
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| Filing 57 Withdrawal of Motion by Albemarle Corporation re #51 MOTION to Compel Responses to Requests for Admission and Related Interrogatories (Devinney, William) |
| Filing 56 Brief in Support to #55 Consent MOTION for Extension of Expert Disclosure Deadlines filed by Albemarle Corporation. (Devinney, William) |
| Filing 55 Consent MOTION for Extension of Expert Disclosure Deadlines by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order)(Devinney, William) |
| Set Deadline as to #51 MOTION to Compel Responses to Requests for Admission and Related Interrogatories. Motion Hearing set for 10/27/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (wgar, ) |
| Filing 54 REPLY to Response to Motion re #45 MOTION to Dismiss Olin Corporation's Counterclaims filed by Albemarle Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Devinney, William) |
| Filing 53 Notice of Hearing Date re #51 MOTION to Compel Responses to Requests for Admission and Related Interrogatories (Devinney, William) |
| Filing 52 Memorandum in Support re #51 MOTION to Compel Responses to Requests for Admission and Related Interrogatories filed by Albemarle 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)(Devinney, William) |
| Filing 51 MOTION to Compel Responses to Requests for Admission and Related Interrogatories by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order)(Devinney, William) |
| Filing 50 Memorandum in Opposition re #45 MOTION to Dismiss Olin Corporation's Counterclaims filed by Olin Corporation. (Lian, Robert) |
| Set Deadline as to #45 MOTION to Dismiss Olin Corporation's Counterclaims. Motion Hearing set for 10/27/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (jlan) |
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Filing 49
For reasons stated from the bench, and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Plaintiffs Motion to Compel #39 is GRANTED-IN-PART and DENIED- IN-PART; it is furtherORDERED that Plaintiffs motion to compel document requests 26-30 and 50 is GRANTED; it is further ORDERED that any documents produced by Defendant Olin in response to Plaintiff Albemarles document request 50 shall be designated as ATTORNEYS EYES ONLY and access to such documents shall be limited to attorneys in the above- captioned matter. To the extent any of the documents produced in response to document request 50 need to be shared with any other persons, the parties shall meet and confer, and if the parties cannot agree on how to proceed with sharing these documents with other persons, they shall file a motion with the Court requesting the relief sought; it is further ORDERED that Plaintiffs motion to compel document request 49 is DENIED; it is further ORDERED that Plaintiffs motion to compel document requests 32 and 33 is DENIED as moot; it is further ORDERED that Plaintiffs request to overrule Defendants objections to Plaintiffs proposed ESI search terms 13, 14, 15, and 22 is DENIED as moot. Signed by Magistrate Judge William E. Fitzpatrick on 9/29/23. (tfitz, )
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| Filing 48 Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Motion Hearing held on 9/29/2023 re #39 MOTION to Compel Production of Documents filed by Albemarle Corporation. Appearance of counsel. Motion #39 argued and GRANTED IN PART/DENIED IN PART. Order to follow. (Tape #FTR.)(tfitz, ) |
| Filing 47 Notice of Hearing Date re #45 MOTION to Dismiss Olin Corporation's Counterclaims (Devinney, William) |
| Filing 46 Memorandum in Support re #45 MOTION to Dismiss Olin Corporation's Counterclaims filed by Albemarle Corporation. (Attachments: #1 Exhibit Exhibit A)(Devinney, William) |
| Filing 45 MOTION to Dismiss Olin Corporation's Counterclaims by Albemarle Corporation. (Devinney, William) |
| Filing 44 REPLY to Response to Motion re #39 MOTION to Compel Production of Documents filed by Albemarle Corporation. (Devinney, William) |
| Filing 43 Memorandum in Opposition re #39 MOTION to Compel Production of Documents filed by Olin Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lian, Robert) |
| Filing 42 NOTICE (Proposed Order) by Albemarle Corporation re #39 MOTION to Compel Production of Documents (Devinney, William) |
| Filing 41 Notice of Hearing Date re #39 MOTION to Compel Production of Documents (Devinney, William) |
| Filing 40 Memorandum in Support re #39 MOTION to Compel Production of Documents filed by Albemarle 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)(Devinney, William) |
| Filing 39 MOTION to Compel Production of Documents by Albemarle Corporation. (Devinney, William) |
| Set Deadline as to #39 MOTION to Compel Production of Documents. Motion Hearing set for 9/29/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (jlan) |
| Filing 38 ANSWER to Complaint , COUNTERCLAIM against All Plaintiffs by Olin Corporation.(Lian, Robert) |
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Filing 37
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Proposed Joint Discovery Plan pursuant to Fed. R. Civ. P. 26(f) (Joint Discovery Plan) (Dkt. 32) and at the initial pretrial conference held on September 1, 2023 and taking note of the Scheduling Order entered in this case (Dkt. 30), the court makes the following rulings: 1. All discovery shall be concluded by January 12, 2024. 2. The Joint Discovery Plan filed by the parties is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the court. 3. All Fed. R. Civ. P. 26(a)(1) disclosures were completed by both parties on July 31, 2023. 4. Expert disclosures shall be set forth in accordance with Local Civil Rule 26(D)(2) and as follows: Plaintiffs expert disclosures shall be due on November 13, 2023; Defendants expert disclosures shall be due on December 13, 2023; Plaintiffs rebuttal expert disclosures, if any, shall be due on December 28, 2023. To the extent the parties wish to modify these deadlines, they must seek leave of the court. 5. Each party is permitted 10 depositions. To the extent the parties wish to modify the number of depositions permitted, they must seek leave of the court. (see Order for complete details) Signed by Magistrate Judge William E. Fitzpatrick on 9/7/23. (tfitz, )
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Filing 35
ORDER GOVERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION re: #28 Joint Motion for Order Governing Production of Electronically Stored Information; the #27 Joint Motion for Discovery Regarding Electronically Stored Information is DENIED as moot (see Order for details). Signed by Magistrate Judge William E. Fitzpatrick on 09/05/23. (pmil, )
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Filing 34
ORDER REGARDING EXPERT DISCOVERY re: #26 Joint Motion for Order Regarding Expert Discovery (see Order for details). Signed by Magistrate Judge William E. Fitzpatrick on 09/05/23. (pmil, )
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| Filing 36 Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick:Motion Hearing held on 9/1/2023 re #27 Joint MOTION for Discovery Regarding Electronically Stored Information filed by Albemarle Corporation, #26 Joint MOTION for Discovery Regarding Expert Witnesses filed by Albemarle Corporation, #28 Joint MOTION for Discovery Regarding Electronically Stored Information [CORRECTED] filed by Albemarle Corporation, Initial Pretrial Conference held on 9/1/2023. Appearance of counsel. Motions #26 , #27 , #28 were ruled on (please see Order for details). Initial Pretrial Conference also held; Joint Discovery Plan is adopted as amended. Order to follow. (Tape #FTR.)(tfitz, ) |
| Set/Reset Deadlines as to #27 Joint MOTION for Discovery Regarding Electronically Stored Information, #28 Joint MOTION for Discovery Regarding Electronically Stored Information [CORRECTED], #26 Joint MOTION for Discovery Regarding Expert Witnesses. Motion Hearing set for 9/1/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (per WEF chambers) (tfitz, ) |
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Filing 33
ORDER denying #20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration (see Order for further details). Signed by District Judge Claude M. Hilton on 8/25/2023. (swil)
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| Filing 32 Amended Joint Discovery Plan by Albemarle Corporation.(Devinney, William) |
| *** Motion Hearing deadline terminated - Per CMH's chambers, Motion for a More Definite Statement #20 set for 8/25/2023 will be decided on the papers; no oral argument will be heard (tarm) |
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Filing 31
PROTECTIVE ORDER re handling and labeling of confidential information (see Order further details). Signed by Magistrate Judge William E. Fitzpatrick on 8/14/2023. (Dest)
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Filing 30
SCHEDULING ORDER:Initial Pretrial Conference set for 8/30/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick.Discovery due by 1/12/2024.Final Pretrial Conference set for 1/18/2024 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Signed by District Judge Claude M. Hilton on 8/11/2023. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(tran)
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| Filing 29 Rebuttal Brief re #20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration filed by Olin Corporation. (Attachments: #1 Exhibit 1)(Lian, Robert) |
| Filing 28 Joint MOTION for Discovery Regarding Electronically Stored Information [CORRECTED] by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order Regarding Electronically Stored Information)(Devinney, William) |
| Filing 27 Joint MOTION for Discovery Regarding Electronically Stored Information by Albemarle Corporation. (Devinney, William) |
| Filing 26 Joint MOTION for Discovery Regarding Expert Witnesses by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order Regarding Expert Discovery)(Devinney, William) |
| Filing 25 Joint MOTION for Protective Order by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Protective Order)(Devinney, William) |
| Filing 24 Joint Discovery Plan by Albemarle Corporation.(Devinney, William) |
| Filing 23 Memorandum in Opposition re #20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration filed by Albemarle Corporation. (Attachments: #1 Proposed Order Proposed Order)(Devinney, William) |
| Set Deadline as to #20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration. Motion Hearing set for 8/25/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (wgar, ) |
| Filing 22 Notice of Hearing Date re #20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration (Lian, Robert) |
| Filing 21 Memorandum in Support re #20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration filed by Olin Corporation. (Lian, Robert) |
| Filing 20 MOTION for More Definite Statement or, in the Alternative, for Reconsideration by Olin Corporation. (Lian, Robert) |
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Filing 19
ORDER denying #12 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Claude M. Hilton on 6/21/2023. (swil)
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| Filing 18 Rebuttal Brief re #12 MOTION to Dismiss for Failure to State a Claim filed by Olin Corporation. (Lian, Robert) |
| Filing 17 NOTICE of Appearance by Robert H. Cox on behalf of Albemarle Corporation (Cox, Robert) |
| *** Motion Hearing deadline terminated - Per CMH's chambers motion set for 6/16/23 will be decided on the papers; no oral argument will be heard (tarm) |
| Filing 16 Memorandum in Opposition re #12 MOTION to Dismiss for Failure to State a Claim filed by Albemarle Corporation. (Devinney, William) |
| Set Deadline as to #12 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 6/16/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (wgar, ) |
| Filing 15 Notice of Hearing Date set for 06/16/2023 re #12 MOTION to Dismiss for Failure to State a Claim (Lian, Robert) |
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Filing 14
ORDER granting #11 Motion for Pro hac vice Appointed Corey Roush for Olin Corporation. Signed by District Judge Claude M. Hilton on 5/31/2023. (swil)
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| Notice of Correction re #12 MOTION to Dismiss for Failure to State a Claim. Filing user has been notified to file a Notice of Hearing or Notice of Waiver of Oral Argument. (swil) |
| Filing 13 Memorandum in Support re #12 MOTION to Dismiss for Failure to State a Claim filed by Olin Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lian, Robert) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Olin Corporation. (Lian, Robert) |
| Filing 11 Motion to appear Pro Hac Vice by Corey Roush and Certification of Local Counsel Robert G. Lian Jr. Filing fee $ 75, receipt number AVAEDC-8955399. by Olin Corporation. (Attachments: #1 Application, #2 Attachment A)(Lian, Robert) |
| Filing 10 Corporate Disclosure Statement by Olin Corporation. (Lian, Robert) |
| Filing 9 NOTICE of Appearance by Robert George Lian, Jr on behalf of Olin Corporation (Lian, Robert) |
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Filing 8
ORDER granting #5 Motion for Pro hac vice Appointed Jeffry William Duffy for Albemarle Corporation. Signed by District Judge Claude M. Hilton on 5/15/2023. (swil)
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| Filing 7 AFFIDAVIT of Service for Summons and Complaint against Olin Corporation served on Julie Parrish on May 5, 2023, filed by Albemarle Corporation. (Devinney, William) |
| Filing 6 Summons Issued as to Olin Corporation, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil) |
| Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge William E. Fitzpatrick. (swil) |
| Filing 5 Motion to appear Pro Hac Vice by Jeffry William Duffy and Certification of Local Counsel William Thomas DeVinney Filing fee $ 75, receipt number AVAEDC-8920419. by Albemarle Corporation. (Devinney, William) |
| Filing 4 Corporate Disclosure Statement by Albemarle Corporation. (Devinney, William) |
| Filing 3 Civil Cover Sheet re #1 Complaint by Albemarle Corporation. (Devinney, William) |
| Filing 2 Proposed Summons re #1 Complaint by Albemarle Corporation. (Devinney, William) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8920407.), filed by Albemarle Corporation.(Devinney, William) |
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| Plaintiff: Albemarle Corporation | |
| Represented By: | William Devinney |
| Represented By: | Jeffry William Duffy |
| Represented By: | Robert H. Cox |
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| Counter claimant: Olin Corporation | |
| Represented By: | Robert George Lian, Jr. |
| Represented By: | Corey Roush |
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