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 207 |
Filed: 3/10/2025, Entered: 3/10/2025 |
Order dismissing case |
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ORDER OF DISMISSAL: Considering the foregoing Stipulation of Dismissal (Rec. Doc. [206]), IT IS HEREBY ORDERED that the above-numbered and entitled cause is DISMISSED without the admission of any issue of fact or law, with each party to bear its own costs. Signed by Judge Carl J Barbier on 3/10/2025.(amj)
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| 206 |
Filed: 3/7/2025, Entered: 3/7/2025 |
Stipulation of Dismissal |
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STIPULATION of Dismissal Without Prejudice by United States of America (Shermer, Steven)
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| 205 |
Filed: 3/5/2025, Entered: 3/6/2025 |
Status Conference |
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Minute Entry for proceedings held before Judge Carl J Barbier: Telephone Status Conference held on 3/5/2025. At the status conference, the Court discussed the status of the litigation with the parties and was informed that the parties intend to file a Rule 41(a)(1)(A)(ii) stipulation of dismissal signed by all parties. (cg)
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| 204 |
Filed: 2/28/2025, Entered: 2/28/2025 |
Objections |
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OBJECTIONS by United States of America to Denka's Newly Disclosed Trial Witnesses (Shermer, Steven)
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| 203 |
Filed: 2/21/2025, Entered: 2/21/2025 |
Notice (other) |
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NOTICE by Denka Performance Elastomer LLC re [201] Status Conference,, Supplemental Disclosures. (Super, David)
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| 202 |
Filed: 2/20/2025, Entered: 2/20/2025 |
Notice (other) |
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NOTICE by Denka Performance Elastomer LLC re [198] Exhibit List . (Attachments: # (1) Errata, # (2) Amended Exhibit List, # (3) Exhibit A - Exhibits DPE Expects to Offer, # (4) Exhibit B -- Exhibits DPE May Offer if the Need Arises)(Super, David)
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 201 |
Filed: 2/19/2025, Entered: 2/20/2025 |
Status Conference |
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Minute Entry for proceedings held before Judge Carl J Barbier: Status Conference held on 2/19/2025. Following discussion with counsel, the Court ORDERED as follows: 1. ORDERED that Denka shall file Rule 26 (a)(2)(C) expert disclosures regarding all opinions that Aurelia S. Giacometto and Dr. Amanda Vincent, PhD will offer during trial, such disclosures are to be filed no later than Friday, February 21, 2025. 2. ORDERED that Plaintiff shall file any opposition to Denka's disclosure of witnesses, Aurelia S. Giacometto and Dr. Amanda Vincent, PhD, no later than Friday, February 28, 2025, any reply shall be filed no later than Monday, March 10, 2025. (Court Reporter Karen Ibos.) (cg)
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| 200 |
Filed: 2/18/2025, Entered: 2/18/2025 |
Witness and Exhibit List |
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Witness and Exhibit List by DuPont Specialty Products USA, LLC. (Jarrell, Eric)
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Request |
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| 199 |
Filed: 2/18/2025, Entered: 2/18/2025 |
Witness and Exhibit List |
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Witness and Exhibit List by United States of America. (Shermer, Steven)
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Request |
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| 198 |
Filed: 2/18/2025, Entered: 2/18/2025 |
Exhibit List |
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Exhibit List by Denka Performance Elastomer LLC. (Attachments: # (1) Exhibit A -- Exhibits DPE Expects to Offer, # (2) Exhibit B -- Exhibits DPE May Offer if the Need Arises)(Super, David)
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Request |
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| 197 |
Filed: 2/18/2025, Entered: 2/18/2025 |
Notice (other) |
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NOTICE by Denka Performance Elastomer LLC Deposition Designations. (Super, David)
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| 196 |
Filed: 2/18/2025, Entered: 2/18/2025 |
Witness List * |
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Witness List by Denka Performance Elastomer LLC. (Super, David)
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Request |
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| 195 |
Filed: 2/14/2025, Entered: 2/14/2025 |
Order |
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ORDER: Status Conference set for 2/19/2025 02:00 PM before Judge Carl J Barbier on Zoom. Any counsel who intends to participate should inform the Court by 2:00 P.M. on Tuesday, February 18, 2025. Signed by Judge Carl J Barbier on 2/14/2025.(amj)
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| 194 |
Filed: 1/15/2025, Entered: 1/15/2025 |
transcript |
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TRANSCRIPT of Status Conference held on November 21, 2024 before Judge Carl J. Barbier. Court Reporter/Recorder Alexis A. Vice, Telephone number (504) 589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 4/15/2025. (Vice, Alexis)
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Request |
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| 193 |
Filed: 1/14/2025, Entered: 1/14/2025 |
Request |
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Request by Denka Performance Elastomer LLC for Clarification Regarding November 21, 2024 Minute Order (Super, David)
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| 192 |
Filed: 1/13/2025, Entered: 1/13/2025 |
Order |
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ADDENDUM ORDER: This Addendum Order is regarding the Court's previous Order that adopted the parties' Proposed Pretrial Order Attachment A. (Rec. Doc. [190]). IT IS HEREBY ORDERED that the pretrial conference will be held on April 3, 2025, at 2:00 p.m. and the bench trial will be held on April 14, 2025 through April 25, 2025, commencing at 8:00 a.m. Signed by Judge Carl J Barbier on 1/13/25.(cg)
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| 191 |
Filed: 1/10/2025, Entered: 1/10/2025 |
Order on Motion to Dismiss / Lack of Jurisdiction |
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ORDER AND REASONS granting [111] Motion to Dismiss for Lack of Jurisdiction. Denka's amended counterclaim no. 5 is DISMISSED with prejudice. Signed by Judge Carl J Barbier on 1/10/2025. (amj)
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| 190 |
Filed: 1/8/2025, Entered: 1/8/2025 |
Order |
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ORDER: IT IS HEREBY ORDERED that [189] Proposed Pretrial Order is ADOPTED as an Order of the Court. FURTHER, IT IS HEREBY ORDERED that the Parties' request regarding presentation of rebuttal testimony is GRANTED. Signed by Judge Carl J Barbier on 1/8/2025.(amj)
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| 189 |
Filed: 12/5/2024, Entered: 12/5/2024 |
Proposed Pretrial Order |
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Proposed Pretrial Order (Joint Proposed Scheduling Order) by United States of America (Attachments: # (1) Attachment A, # (2) Attachment B)(Shermer, Steven)
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Request |
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| 188 |
Filed: 11/25/2024, Entered: 11/25/2024 |
Reply to Response to motion |
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REPLY to Response to Motion filed by United States of America re [111] MOTION to Dismiss for Lack of Jurisdiction . (amj)
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Request |
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| 187 |
Filed: 11/25/2024, Entered: 11/25/2024 |
Order on Motion For Leave to File. |
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ORDER granting [130] Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 11/25/2024. (amj)
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Request |
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| 186 |
Filed: 11/21/2024, Entered: 11/21/2024 |
order on motion in limine |
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Minute Order. Proceedings held before Judge Carl J Barbier: Status Conference held on 11/21/2024. The parties in person attendance andattendance via Zoom are listed on the attached sign in sheet. Following discussion with counsel, the Court ORDERED as follows: 1. The Court DENIED the United States of America's MOTION in Limine to Exclude Legal Opinion of Donald "Deever" Bradley (R. Doc. [148]) and MOTION in Limine to Exclude Cumulative and Duplicative Expert and Opinion Testimony (Rec. Doc. [149]). This ruling does not preclude the Government from objecting to specific questions to the witnesses at trial. 2. IT IS ORDERED that the Government should advise and disclose to Denkawhether there is any new or additional modeling regarding the Final Ruleversus the Proposed Rule. If so, the Government is to provide the modelingdata to Denka's counsel or direct counsel to specific documents in the publicrecord. The Government agreed to provide this information by November 29, 2024. 3. Except as provided above, IT IS ORDERED that discovery is closed and Denka's request for additional discovery is DENIED. 4. The Government's Motion to Dismiss Denka's Remaining Counterclaim (Rec.Doc. [111]) is TAKEN UNDER ADVISEMENT. 5. Denka's pending MOTION for Summary Judgment (Rec. Doc. [131]) is TAKEN UNDER ADVISEMENT. The Court will advise counsel if any further briefing or oral argument is necessary (Court Reporter Alexis Vice.) (Attachments: # (1) Attorney Attendance Sheet) (cg)
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| 185 |
Filed: 11/14/2024, Entered: 11/14/2024 |
Status report |
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STATUS REPORT (Jointly Filed by the Parties) by United States of America (Shermer, Steven) Modified filers on 11/15/2024 (amj).
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| 184 |
Filed: 10/8/2024, Entered: 10/8/2024 |
order on motion to reopen case |
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ORDER - Considering the Motion to Reopen the Case and Set Status Hearing (Rec. Doc. [181]) filed by the United States of America, IT IS HEREBY ORDERED that the motion is GRANTED IN PART regarding the reopening of the case. IT IS FURTHER ORDERED that the parties are to attend a status conference on Thursday, November 21, 2024 at 09:30 A.M., as stated herein. The status conference will be held in-person, but out-of-town counsel may attend via Zoom if they so choose. Any out-of-counsel wishing to attend via Zoom should inform the Court by November 14, 2024. IT IS FURTHER ORDERED that the parties are to submit a joint status report to the Court by November 14, 2024 informing the Court of the status of this litigation and of the litigation proceeding before the Fifth Circuit and D.C. Circuit and what impact, if any, that action has on the instant matter. Signed by Judge Carl J Barbier on 10/8/24. (cg)
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| 183 |
Filed: 9/30/2024, Entered: 9/30/2024 |
Reply to Response to motion |
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REPLY to Response to Motion filed by United States of America re [181] MOTION to Reopen Case and Set Status Hearing . (Shermer, Steven)
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| 182 |
Filed: 9/24/2024, Entered: 9/24/2024 |
Response to motion |
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RESPONSE to Motion filed by Denka Performance Elastomer LLC re [181] MOTION to Reopen Case and Set Status Hearing . (Attachments: # (1) Exhibit 1--LDEQ - Letter Granting DPE Extension Request (06.27.24), # (2) Exhibit 2--EPA Motion to Dismiss and Oppo to Motion for Stay (07.22.24), # (3) Exhibit 3--Transcript -071724 USA v. DPE et al. Status Conference, # (4) Exhibit 4--EPA - P&R I Residual Risk Review (Excerpt & Highlight), # (5) Exhibit 5--Remedy Declaration Eric Farstad, # (6) Exhibit 6--Final Rule (Excerpt of 42,955 and 42,999))(Super, David)
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| 181 |
Filed: 9/17/2024, Entered: 9/17/2024, Terminated: 10/8/2024 |
Motion to Reopen Case |
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MOTION to Reopen Case and Set Status Hearing by United States of America. Motion(s) will be submitted on 10/2/2024. (Attachments: # (1) Notice of Submission, # (2) Proposed Order, # (3) Memorandum in Support, # (4) Exhibit A (Excerpts of July 17, 2024 status hearing transcript), # (5) Exhibit B (Decl. of Stephen D'Alessio), # (6) Exhibit C (Excerpts of Denka's production requests to the U.S.), # (7) Exhibit D (Subpoena to Maryum Jordan))(Shermer, Steven)
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| 180 |
Filed: 7/24/2024, Entered: 7/24/2024 |
transcript |
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TRANSCRIPT of Status Conference held on July 18, 2024 before Judge Carl J. Barbier. Court Reporter/Recorder Nichelle Wheeler, Telephone number 504-589-7775. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 10/22/2024. (Wheeler, Nichelle)
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| 178 |
Filed: 7/18/2024, Entered: 7/18/2024 |
order on motion for judgment on the pleadings |
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ORDER denying [132] Motion for Judgment on the Pleadings. DuPont's motion presents no new grounds to warrant its dismissal from the case beyond those already denied by this Court in response to DuPont's earlier 12(b)(6) Motion to Dismiss (Rec. Doc. 89). Therefore, for this reason and having considered the motions and legal memoranda, the record, the applicable law, and the parties' arguments at the status conference held on the record on July 17, 2024, the Court finds that the motion should be DENIED. Signed by Judge Carl J Barbier on 7/17/24. (cg)
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| 179 |
Filed: 7/17/2024, Entered: 7/18/2024 |
Status Conference |
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Minute Entry for proceedings held before Judge Carl J Barbier: Status Conference held on 7/17/2024. Accordingly, the Court ORDERED that this case be held in ABEYANCE and administratively closed until October 15, 2024. After this abeyance period is over, the parties shall file a joint status report advising the Court of the status of the related litigation and whether or how the subject lawsuit is impacted. Following receipt of the status report, the Court will decide how to proceed (Court Reporter Nichelle Wheeler.) (cg)
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| 177 |
Filed: 7/10/2024, Entered: 7/10/2024 |
Status report |
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STATUS REPORT (Jointly Filed by the Parties) by United States of America (Attachments: # (1) Exhibit (A), # (2) Exhibit (B), # (3) Exhibit (C), # (4) Exhibit (D))(Shermer, Steven)
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| 176 |
Filed: 5/31/2024, Entered: 5/31/2024 |
Order |
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ORDER: IT IS HEREBY ORDERED that the parties are to attend a status conference on July 17, 2024 at 10:00 a.m. to discuss the impact of the Final Rule on this litigation. The status conference will be held in-person, but out-of-town counsel may attend via Zoom if they so choose. Any out-of-town counsel wishing to attend via Zoom should inform the Court by July 10, 2024. The parties shall further comply as stated herein. Signed by Judge Carl J Barbier on 5/29/2024.(cs)
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| 175 |
Filed: 5/28/2024, Entered: 5/28/2024 |
Notice (other) |
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Joint NOTICE of Publication of Final Rule by United States of America re [169] Order on Motion to Continue, Order on Motion to Expedite, Status Conference . (Shermer, Steven) Modified text on 5/29/2024 (cs).
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| 174 |
Filed: 4/1/2024, Entered: 4/1/2024 |
Notice (other) |
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NOTICE by United States of America re [94] Reply to Response to Motion,, of errata to the declarations of Dr. John J. Vandenberg. (Attachments: # (1) Errata regarding the declarations of Dr. John J. Vandenberg)(Smith, Daniel)
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Request |
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| 173 |
Filed: 3/8/2024, Entered: 3/8/2024 |
order on motion for miscellaneous relief |
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ORDER denying [171] Motion to Partially Amend Scheduling Order. IT IS FURTHER ORDERED that Denka's Motion to Expedite (Rec. Doc. 172) is DENIED as moot. Signed by Judge Carl J Barbier on 3/7/24. (cg)
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| 172 |
Filed: 2/28/2024, Entered: 2/28/2024, Terminated: 3/8/2024 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Partial Amendment of Scheduling Order by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order)(Super, David)
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Request |
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| 171 |
Filed: 2/28/2024, Entered: 2/28/2024, Terminated: 3/8/2024 |
Motion for Miscellaneous Relief |
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MOTION Partial Amendment of Scheduling Order by Denka Performance Elastomer LLC. Motion(s) will be submitted on 3/20/2024. (Attachments: # (1) Proposed Order, # (2) Notice of Submission, # (3) Memorandum in Support, # (4) Exhibit 1 - House Committee on Science, Space and Technology letter 1.24.24, # (5) Exhibit 2 - Thayer Dep. Tr., # (6) Exhibit 3 - US Response to DPE Interr No. 11, # (7) Exhibit 4 - Email from M. Morton to K. Thayer 4.9.2021, # (8) Exhibit 5 - Results of March 2021 IRIS Nomination Call for Chemical Assessment Nominations 6.16.2021, # (9) Exhibit 6 - Email from D. Shams to K. Thayer 7.19.2021, # (10) Exhibit 7 - Metadata Report, # (11) Exhibit 8 - Draft Word Document by D. Shams, # (12) Exhibit 9 - Email from M. Morton to K. Thayer 7.29.2021, # (13) Exhibit 10 - Email from K. Thayer to M. Morton 8.2.2021)(Super, David)
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Request |
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| 170 |
Filed: 2/28/2024, Entered: 2/28/2024 |
Order on Motion to Enroll as Counsel of Record |
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ORDER granting [168] Motion to Enroll as Counsel of Record for Attorney Jonah M Seligman for United States of America. Signed by Judge Carl J Barbier on 2/15/24. (cg)
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Request |
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| 169 |
Filed: 2/16/2024, Entered: 2/16/2024 |
Order on Motion to continue |
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Minute Order. Proceedings held before Judge Carl J Barbier: The Court held a status conference on zoom. At the conference, the Court ORDERED as follows: The Court GRANTED the United States of America's Motion to Continue Trial (Rec. Doc. [165]) and Motion to Expedite Consideration of the Motion to Continue Trial (Rec. Doc. [166]). The trial set for March 11, 2024 and the pre-trial conference set for February 29, 2024 are hereby continued and shall be reset at another date. The parties shall advise the Court when the Final Rule is published at which time the Court shall set a status conference to discuss what, if any, additional briefing is necessary, the deadlines for any such contemplated briefing, and new dates for the trial and pre-trial conference. The Court also ordered that the Oral Argument set for February 22, 2024 at 10:00 a.m. is CANCELLED, to be reset at a later date if the Court deems it necessary. (cg)
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| 168 |
Filed: 2/14/2024, Entered: 2/14/2024, Terminated: 2/28/2024 |
Motion to Enroll as Counsel of Record |
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EXPARTE/CONSENT MOTION to Enroll as Counsel of Record (Jonah M. Seligman) by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 167 |
Filed: 2/13/2024, Entered: 2/13/2024 |
Response to motion |
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RESPONSE to Motion filed by Denka Performance Elastomer LLC re [165] MOTION to Continue Trial . (Super, David)
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Request |
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| 166 |
Filed: 2/12/2024, Entered: 2/12/2024, Terminated: 2/16/2024 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Motion to Continue Trial by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 165 |
Filed: 2/12/2024, Entered: 2/12/2024, Terminated: 2/16/2024 |
Motion to Continue |
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MOTION to Continue Trial by United States of America. Motion(s) will be submitted on 3/6/2024. (Attachments: # (1) Memorandum in Support, # (2) Notice of Submission, # (3) Proposed Order)(Shermer, Steven)
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Request |
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| 164 |
Filed: 2/12/2024, Entered: 2/12/2024 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM filed by Denka Performance Elastomer LLC re [165] MOTION to Continue Trial . (Super, David)
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Request |
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| 163 |
Filed: 2/9/2024, Entered: 2/9/2024, Terminated: 2/14/2024 |
Motion to Expedite |
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*Duplicate of 166* EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Trial by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven) Modified on 2/14/2024 (cg).
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Request |
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| 162 |
Filed: 2/9/2024, Entered: 2/9/2024, Terminated: 2/12/2024 |
Motion to Continue |
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DEFICIENT: MOTION to Continue Trial by United States of America. Motion(s) will be submitted on 3/6/2024. (Attachments: # (1) Notice of Submission, # (2) Proposed Order)(Shermer, Steven) Modified on 2/12/2024 (mmm).
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Request |
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| 161 |
Filed: 2/9/2024, Entered: 2/9/2024 |
Order |
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ORDER - IT IS HEREBY ORDERED that oral argument on the pending motions in this case is tentatively set for Thursday, February 22, 2024 at 10:00 a.m. Signed by Judge Carl J Barbier on 2/9/24.(cg)
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Request |
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| 160 |
Filed: 2/9/2024, Entered: 2/9/2024 |
Order |
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ORDER - IT IS HEREBY ORDERED that the Court will hold a status conference on Friday, February 16th, 2024 at 10:00 a.m. via zoom to discuss the status of the case and pending motions. Case Manager Cheyenne Green will circulate a zoom link to the parties in advance of the conference. Signed by Judge Carl J Barbier on 2/9/24.(cg)
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Request |
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| 159 |
Filed: 2/9/2024, Entered: 2/9/2024 |
Order on Motion to Enroll as Counsel of Record |
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ORDER granting [158] Motion to Enroll as Counsel of Record. Scott M. Cernich is enrolled as additional counsel of record for the United States of America in the above-captioned matter. Signed by Judge Carl J Barbier on 2/9/24. (cg)
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Request |
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| 158 |
Filed: 2/8/2024, Entered: 2/8/2024, Terminated: 2/9/2024 |
Motion to Enroll as Counsel of Record |
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EXPARTE/CONSENT MOTION to Enroll as Counsel of Record (Scott M. Cernich) by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 157 |
Filed: 2/5/2024, Entered: 2/5/2024 |
Response/Memorandum in Support of Motion |
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RESPONSE/MEMORANDUM in Support filed by Denka Performance Elastomer LLC re [131] MOTION for Summary Judgment . (Attachments: # (1) Declaration of Kevin M. Voelkel, # (2) Exhibit 1 - Vandenberg Dep Tr Feb 2, 2024, # (3) Exhibit 2 - Report of Expert Panel Sept 6, 2017, # (4) Exhibit 3 - Vandenberg Email Feb 27, 2018, # (5) Exhibit 4 - EPA Letter Mar 14, 2022)(Super, David)
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Request |
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| 156 |
Filed: 2/2/2024, Entered: 2/2/2024 |
Proposed Findings of Fact and Conclusions of Law |
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Proposed Findings of Fact & Conclusions of Law by Denka Performance Elastomer LLC. (Super, David)
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Request |
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| 155 |
Filed: 2/2/2024, Entered: 2/2/2024 |
Proposed Findings of Fact and Conclusions of Law |
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Proposed Findings of Fact & Conclusions of Law by DuPont Specialty Products USA, LLC. (Luis, Marie)
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| 154 |
Filed: 2/2/2024, Entered: 2/2/2024 |
Proposed Findings of Fact and Conclusions of Law |
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Proposed Findings of Fact & Conclusions of Law by United States of America. (Attachments: # (1) Notice of Filing)(Shermer, Steven)
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Request |
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| 153 |
Filed: 2/1/2024, Entered: 2/1/2024 |
Order on Motion to Enroll as Counsel of Record |
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ORDER granting [140] Motion to Enroll as Counsel of Record. Henry S. Rauschenberger (La. Bar No. 37834), Trey K. Bartholomew (La. Bar No. 39114), Camille A. Wharton (La. Bar No. 40545), and Marisa Del Turco (La. Bar No. 40336) be enrolled as additional counsel of record for Denka Performance Elastomer LLC in the above-captioned matter. Signed by Judge Carl J Barbier on 2/1/24. (cg)
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Request |
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| 152 |
Filed: 1/31/2024, Entered: 1/31/2024 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re [149] MOTION in Limine to Exclude Cumulative and Duplicative Expert and Opinion Testimony . (Attachments: # (1) Exhibit A (Excerpts from Harrington Depo))(Super, David)
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Request |
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| 151 |
Filed: 1/31/2024, Entered: 1/31/2024 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re [148] MOTION in Limine to Exclude Legal Opinion of Donald "Deever" Bradley . (Super, David)
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Request |
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| 150 |
Filed: 1/26/2024, Entered: 1/26/2024 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by United States of America re [131] MOTION for Summary Judgment of Denka Performance Elastomer LLC. (Attachments: # (1) Statement of Contested/Uncontested Facts U.S. Statement of Material Facts Which Present a Genuine Dispute, # (2) Exhibit Declaration of Stephen D'Alessio, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H)(Shermer, Steven)
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Request |
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| 149 |
Filed: 1/24/2024, Entered: 1/24/2024, Terminated: 11/21/2024 |
Motion in Limine |
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MOTION in Limine to Exclude Cumulative and Duplicative Expert and Opinion Testimony by United States of America. Motion(s) will be submitted on 2/21/2024. (Attachments: # (1) Notice of Submission, # (2) Memorandum in Support, # (3) Proposed Order, # (4) Exhibit A (Table of Cumulative Testimony), # (5) Exhibit B (Remedy Decl. of Paul Casarez), # (6) Exhibit C (Remedy Decl. of Michelle Helfrich), # (7) Exhibit D (excerpts of Aug. 11, 2023 Depo. of Chris Meyers), # (8) Exhibit E (excerpt of Remedy Decl. of Chris Meyers), # (9) Exhibit F (Remedy Decl. of J.R. Roussell), # (10) Exhibit G (excerpts of Jan. 19, 2024 Depo. of J.R. Roussell), # (11) Exhibit H (excerpts of Dec. 20, 2023 Depo. of Michelle Helfrich), # (12) Exhibit I (Remedy Decl. of Jorge Lavastida))(Shermer, Steven)
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Request |
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| 148 |
Filed: 1/24/2024, Entered: 1/24/2024, Terminated: 11/21/2024 |
Motion in Limine |
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MOTION in Limine to Exclude Legal Opinion of Donald "Deever" Bradley by United States of America. Motion(s) will be submitted on 2/21/2024. (Attachments: # (1) Memorandum in Support, # (2) Exhibit A (excerpt of Bradley declaration), # (3) Proposed Order, # (4) Notice of Submission)(Shermer, Steven)
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Request |
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| 147 |
Filed: 1/23/2024, Entered: 1/23/2024 |
Order on Motion for Extension of Deadlines |
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ORDER granting [141] and [142] Motions. Deadlines are extended as follows:The opposition brief to Denka's Motion for Summary Judgment (Rec. Doc. [131]) is due by January 26, 2024. Denka's reply brief is due by February 5, 2024. The parties may file their proposed findings of fact and conclusions of law by no later than February 2, 2024. No other deadlines shall be extended. Signed by Judge Carl J Barbier on 1/22/24. (cg)
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| 146 |
Filed: 1/22/2024, Entered: 1/22/2024 |
Objections |
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OBJECTIONS by DuPont Specialty Products USA, LLC re [136] Notice (Other), [135] Notice (Other) (Jarrell, Eric)
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Request |
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| 145 |
Filed: 1/22/2024, Entered: 1/22/2024 |
Response/Reply |
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Response/Reply in support by DuPont Specialty Products USA, LLC to [132] Motion for Judgment on the pleadings (Jarrell, Eric) Modified on 1/23/2024 (cg).
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Request |
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| 144 |
Filed: 1/22/2024, Entered: 1/22/2024 |
Objections |
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OBJECTIONS by United States of America re [137] Notice (Other), [134] Notice (Other), [135] Notice (Other) Objections to Defs.' Depositions Designations and Exhibit Lists (Attachments: # (1) Appendix A - Objections to Denka's Except-to-use Exhibits, # (2) Appendix B - Objections to Denka's May-use Exhibits)(Smith, Daniel)
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Request |
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| 143 |
Filed: 1/22/2024, Entered: 1/22/2024 |
Objections |
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OBJECTIONS by Denka Performance Elastomer LLC re [136] Notice (Other) , and Denka Performance Elastomer LLC's Counter-Designations and Supplemental Exhibit List (Venn, Brett)
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Request |
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| 142 |
Filed: 1/22/2024, Entered: 1/22/2024, Terminated: 1/23/2024 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Consideration of Consent Motion for Short Extension of Time to File Remaining Summary Judgment Briefing and Submit Proposed Findings of Fact/Conclusions of Law by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 141 |
Filed: 1/22/2024, Entered: 1/22/2024, Terminated: 1/23/2024 |
Motion for Extension of Deadlines |
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EXPARTE/CONSENT MOTION for Extension of Deadlines to File Remaining Summary Judgment Briefing and to Submit Proposed Findings of Fact/Conclusions of Law by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 140 |
Filed: 1/18/2024, Entered: 1/18/2024, Terminated: 2/1/2024 |
Motion to Enroll as Counsel of Record |
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EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order)(Venn, Brett)
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Request |
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| 139 |
Filed: 1/16/2024, Entered: 1/16/2024 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by United States of America re [132] MOTION for Judgment on the Pleadings . (Attachments: # (1) Exhibit A (Decl. of Jorge Lavastida), # (2) Exhibit B (Excerpt of Decl. of Chris Meyers), # (3) Exhibit C (Decl. of Michelle Helfrich))(Shermer, Steven)
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Request |
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| 138 |
Filed: 1/16/2024, Entered: 1/16/2024 |
Correction of Docket Entry by Clerk |
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Correction of Docket Entry by Clerk re [137] Notice (Other), [134] Notice (Other), [133] Notice (Other), [136] Notice (Other), [135] Notice (Other). In the future, please use the correct event, not "Notice" when filing documents. If filing an exhibit list, please use the event "Exhibit List", ect. (cg)
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| 137 |
Filed: 1/15/2024, Entered: 1/15/2024 |
Notice (other) |
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WITNESS AND EXHIBIT List by DuPont Specialty Products USA, LLC. (Luis, Marie) Modified on 1/16/2024 (cg).
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Request |
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| 136 |
Filed: 1/15/2024, Entered: 1/15/2024 |
Notice (other) |
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WITNESS AND EXHIBIT List by United States of America of Rule 26(a)(3) Pretrial Disclosures. (Attachments: # (1) Appendix Deposition designations)(Smith, Daniel) Modified on 1/16/2024 (cg).
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Request |
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| 135 |
Filed: 1/15/2024, Entered: 1/15/2024 |
Notice (other) |
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EXHIBIT List by Denka Performance Elastomer LLC. (Attachments: # (1) Exhibit A (Exhibits DPE Expects to Offer), # (2) Exhibit B (Exhibits DPE May Offer if the Need Arises))(Venn, Brett) Modified on 1/16/2024 (cg).
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Request |
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| 134 |
Filed: 1/15/2024, Entered: 1/15/2024 |
Notice (other) |
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Deposition Designations by Denka Performance Elastomer LLC. (Venn, Brett) Modified on 1/16/2024 (cg).
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Request |
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| 133 |
Filed: 1/15/2024, Entered: 1/15/2024 |
Notice (other) |
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WITNESS LIST by Denka Performance Elastomer LLC. (Venn, Brett) Modified on 1/16/2024 (cg).
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Request |
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| 132 |
Filed: 12/29/2023, Entered: 12/29/2023, Terminated: 7/18/2024 |
Motion for Judgment on the Pleadings |
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MOTION for Judgment on the Pleadings by DuPont Specialty Products USA, LLC. Motion(s) will be submitted on 1/24/2024. (Attachments: # (1) Memorandum in Support, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Notice of Submission)(Jarrell, Eric)
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| 131 |
Filed: 12/29/2023, Entered: 12/29/2023, Terminated: 3/10/2025 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Denka Performance Elastomer LLC. Motion(s) will be submitted on 2/7/2024. (Attachments: # (1) Notice of Submission, # (2) Memorandum in Support, # (3) Statement of Contested/Uncontested Facts, # (4) Declaration of Kevin M. Voelkel, # (5) Exhibit 1--88 Fed. Reg. 25,080, # (6) Exhibit 2--EPA Guidance on Use of Section 303 of the Clean Air Act, # (7) Exhibit 3--10/12/2022 Letter from EPA to LDEQ, # (8) Exhibit 4--EPAs Responses to DPEs 2nd Set of Interrogatories, # (9) Exhibit 5--88 Fed. Reg. 22,790, # (10) Exhibit 6--OMB Review of pre-publication proposed rule, # (11) Exhibit 7--Vandenberg Declaration (12-8-23), # (12) Exhibit 8--54 Fed. Reg. 38,044, # (13) Exhibit 9--EPAs Responses to DPEs 1st Set of Interrogatories 1, 6 and 8, # (14) Exhibit 10--9/23/19 Letter from EPA to LDEQ, # (15) Exhibit 11--EPAs Statement of Final Relief, # (16) Exhibit 12--53 Fed. Reg. 28,496, # (17) Exhibit 13--Federal Facility Compliance Under EPAs National Enforcement, # (18) Exhibit 14--Americas Children and the Environment Report, # (19) Exhibit 15--EPAs Responses to DPEs RFAs, # (20) Exhibit 16--Ethylene Oxide Risk from Commercial Sterilizers, # (21) Exhibit 17--2019 AirToxScreen National Cancer Risk by Pollutant, # (22) Exhibit 18--70 Fed. Reg. 19,992, # (23) Exhibit 19--72 Fed. Reg. 25,138, # (24) Exhibit 20--85 Fed. Reg. 49,084, # (25) Exhibit 21--EPAs Responses to DPEs 1st Set of Interrogatories 3, # (26) Exhibit 22--Leathers Deposition Transcript (12-12-23), # (27) Exhibit 23--8/10/16 EPA Email, # (28) Exhibit 24--7/5/16 EPA Email, # (29) Exhibit 25--11/13/17 Letter from Prof. Mark Squillace to EPA, # (30) Exhibit 26--12/15/17 Letter from EPA to Prof. Mark Squillace, # (31) Exhibit 27--EPA chronology, # (32) Exhibit 28--10/23/17 EPA Email, # (33) Exhibit 29--1/12/18 Letter from Prof. Mark Squillace to EPA, # (34) Exhibit 30--Petition for Section 303 action by Concerned Citizens of St. John, # (35) Exhibit 31--Methods for Derivation of Inhalation Reference Concentrations, # (36) Exhibit 32--Cote Deposition Transcript (06-20-23), # (37) Exhibit 33--2010 Toxicological Review of Chloroprene, # (38) Exhibit 34--Thayer Deposition Transcript (12-14-23), # (39) Exhibit 35--EPA Response to DPEs Request for Correction, # (40) Exhibit 36--National Research Council, Science and Judgment in Risk Assessment, # (41) Exhibit 37--Lumpkin Declaration (07-07-23), # (42) Exhibit 38--EPA, Natl Emission Stands. for Haz. Air Pollutants, # (43) Exhibit 39--EPA, Air Monitoring for Chloroprene Concentrations in LaPlace, LA)(Super, David)
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| 130 |
Filed: 12/13/2023, Entered: 12/13/2023, Terminated: 11/25/2024 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Motion to Dismiss Amended Counterclaim by United States of America. (Attachments: # (1) Exhibit Proposed Reply Brief, # (2) Proposed Order).(Gange, Heather) Modified submission date and text on 12/14/2023 (cg).
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Request |
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| 129 |
Filed: 12/12/2023, Entered: 12/13/2023 |
Order on motion to compel |
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ORDER denying [113] Motion to Compel. The depositions that Denka seeks via this motion were not included in the District Judge's Scheduling Order, which was entered at the request of the parties after lengthy negotiation and representations to the Court that the lists of deponents submitted to the Court by each party were sufficient for the parties to litigate their respective positions. Signed by Magistrate Judge Michael North on 12/12/2023. (cs)
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| 128 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Reply to Response to motion |
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REPLY to Response to Motion filed by Denka Performance Elastomer LLC re [113] MOTION to Compel Two Additional Depositions of Limited Scope and Duration. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(cs)
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Request |
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| 127 |
Filed: 12/12/2023, Entered: 12/12/2023 |
Order on Motion For Leave to File. |
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ORDER granting [126] Motion for Leave to File Reply Brief. Signed by Magistrate Judge Michael North on 12/12/2023. (cs)
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Request |
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| 126 |
Filed: 12/11/2023, Entered: 12/11/2023, Terminated: 12/12/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Reply Brief In Support Of [#113] Motion For Two Additional Depositions Of Limited Scope And Duration by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order, # (2) Proposed Pleading Reply, # (3) Exhibit A to Proposed Reply, # (4) Exhibit B to Proposed Reply)(Super, David)
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Request |
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| 125 |
Filed: 12/8/2023, Entered: 12/8/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by United States of America re [113] MOTION to Compel Two Additional Depositions of Limited Scope and Duration . (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Shermer, Steven)
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Request |
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| 124 |
Filed: 12/7/2023, Entered: 12/7/2023 |
Order on motion to amend/correct |
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ORDER granting [118] Motion to Amend Protective Order as stated herein. Signed by Magistrate Judge Michael North on 12/7/23. (cg)
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Request |
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| 123 |
Filed: 12/6/2023, Entered: 12/6/2023 |
Order |
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ORDERED: Oral Argument currently scheduled on [111] MOTION to Dismiss for Lack of Jurisdiction is cancelled. The Court shall consider the motion on the briefs and will inform the parties if it deems oral argument necessary. Signed by Judge Carl J Barbier on 12/6/2023.(mmm)
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Request |
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| 122 |
Filed: 12/6/2023, Entered: 12/6/2023 |
Correction of Docket Entry by Clerk |
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NOTICE by Clerk re [120] Request/Statement of Oral Argument: re [111] MOTION to Dismiss for Lack of Jurisdiction. Pursuant to Local Rule 78.1, this motion is set for hearing with oral argument on 12/13/2023 at 9:30 AM before Judge Carl J. Barbier. (mmm)
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| 121 |
Filed: 12/5/2023, Entered: 12/5/2023 |
Order on Motion to Expedite |
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ORDER finding as moot [115] Motion to Expedite. Signed by Magistrate Judge Michael North on 12/5/2023. (pp)
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Request |
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| 120 |
Filed: 12/5/2023, Entered: 12/5/2023 |
Request/Statement of Oral Argument |
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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding [111] MOTION to Dismiss for Lack of Jurisdiction (Super, David)
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Request |
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| 119 |
Filed: 12/5/2023, Entered: 12/5/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re [111] MOTION to Dismiss for Lack of Jurisdiction . (Super, David)
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Request |
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| 118 |
Filed: 12/4/2023, Entered: 12/4/2023, Terminated: 12/7/2023 |
Motion to Amend/Correct |
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EXPARTE/CONSENT MOTION to Amend/Correct [53] Protective Order by United States of America. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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| 117 |
Filed: 12/4/2023, Entered: 12/4/2023 |
Status Conference |
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Minute Entry for proceedings held before Magistrate Judge Michael North: Status Conference held on 12/4/2023. Plaintiff has filed a motion to compel that raises the same issue(s) that were to be the subject of the status conference today. (Rec. doc. [113]). The Court ordered the Government to file its response memorandum no later than Friday, December 8, 2023. The Court will rule on the briefs thereafter. (rt)
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Request |
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| 116 |
Filed: 12/4/2023, Entered: 12/4/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [112] Motion to Appear Pro Hac Vice as to Kevin Dow Collins for Defendant and Counter-Plaintiff, Denka Performance Elastomer, LLC. Signed by Judge Carl J Barbier on 12/4/23. (cg)
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Request |
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| 115 |
Filed: 12/1/2023, Entered: 12/1/2023, Terminated: 12/5/2023 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Compel Two Additional Depositions of Limited Scope and Duration by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order)(Super, David)
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Request |
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| 114 |
Filed: 12/1/2023, Entered: 12/1/2023 |
Request/Statement of Oral Argument |
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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding [113] MOTION to Compel Two Additional Depositions of Limited Scope and Duration (Super, David)
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Request |
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| 113 |
Filed: 12/1/2023, Entered: 12/1/2023, Terminated: 12/12/2023 |
Motion to Compel |
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MOTION to Compel Two Additional Depositions of Limited Scope and Duration by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 12/20/2023. (Attachments: # (1) Proposed Order, # (2) Notice of Submission, # (3) Memorandum in Support, # (4) Exhibit A - Morton Dep. Ex. 111, # (5) Exhibit B - Morton Dep. Ex. 114, # (6) Exhibit C - EPA Statement of Final Relief, # (7) Exhibit D - Morton Dep. Ex. 105, # (8) Exhibit E - USA Response to DPE Interrogatory No. 11, # (9) Exhibit F - Morton Dep. Transcript, # (10) Exhibit G - Morton Dep. Ex. 106, # (11) Exhibit H - Morton Dep. Ex. 108)(Super, David)
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Request |
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| 112 |
Filed: 11/15/2023, Entered: 11/15/2023, Terminated: 12/4/2023 |
Motion to Appear Pro Hac Vice |
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10274870) by Denka Performance Elastomer LLC. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Proposed Order)(Holden, Robert)
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Request |
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| 111 |
Filed: 11/8/2023, Entered: 11/8/2023, Terminated: 1/10/2025 |
Motion to Dismiss/Lack of Jurisdiction |
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MOTION to Dismiss for Lack of Jurisdiction by Michael S. Regan, United States of America. Motion(s) will be submitted on 12/13/2023. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order, # (3) Notice of Submission)Attorney Heather E. Gange added to party Michael S. Regan(pty:crd), Attorney Heather E. Gange added to party Michael S. Regan(pty:cd).(Gange, Heather)
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Request |
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| 110 |
Filed: 11/3/2023, Entered: 11/3/2023 |
order on motion for miscellaneous relief |
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ORDER granting [106] Motion for Leave to Substitute Expert Witness. Denka Performance Elastomer LLC ("Denka") may substitute Dr. Kenneth A. Mundt, PhD, FACE, in place of Dr. Gary Marsh, PhD as an expert witness in this action. IT IS FURTHER ORDERED that the Scheduling Order (Rec. Doc. [103]) is modified to allow DPE to submit a declaration of Dr. Mundt by December 22, 2023 and for the United States to depose Dr. Mundt and submit any rebuttal declaration by February 2, 2024. Signed by Judge Carl J Barbier on 11/3/23. (cg)
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Request |
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| 109 |
Filed: 11/3/2023, Entered: 11/3/2023 |
Order on Motion For Leave to File. |
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ORDER - Considering the foregoing Motion for Leave to Submit Unredacted Copy of Response to Motion to Seal for In Camera Review (Rec. Doc. [97]), IT IS HEREBY ORDERED that the motion is GRANTED, and Denka Performance Elastomer LLC is granted leave to submit an unredacted copy of its response to the United States' Motion to Seal for in camera review. Signed by Judge Carl J Barbier on 11/3/23. (cg)
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Request |
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| 108 |
Filed: 11/3/2023, Entered: 11/3/2023 |
Counterclaim |
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AMENDED COUNTERCLAIM against United States of America, Michael S. Regan filed by Denka Performance Elastomer LLC.(cg)
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| Save 25% on a pre-paid one year subscription. |
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| 107 |
Filed: 11/3/2023, Entered: 11/3/2023 |
Order on Motion For Leave to File. |
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ORDER granting [105] Motion for Leave to File Amended Counterclaim. Signed by Judge Carl J Barbier on 11/3/23. (cg)
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Request |
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| 106 |
Filed: 10/31/2023, Entered: 10/31/2023, Terminated: 11/3/2023 |
Motion for Miscellaneous Relief |
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EXPARTE/CONSENT MOTION for Leave to Substitute Expert Witness by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order)(Super, David)
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Request |
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| 105 |
Filed: 10/26/2023, Entered: 10/26/2023, Terminated: 11/3/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Amended Counterclaim by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order, # (2) Amended Counterclaim)(Super, David)
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Request |
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| 104 |
Filed: 10/25/2023, Entered: 10/25/2023 |
Counterclaim |
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*DEFICIENT* Amended COUNTERCLAIM against United States of America filed by Denka Performance Elastomer LLC.(Super, David) Modified on 10/26/2023 (cg).
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Request |
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| 103 |
Filed: 10/23/2023, Entered: 10/23/2023 |
Order |
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ORDER - Considering the Joint Proposed Scheduling Order (Rec. Doc. 100), IT IS HEREBY ORDERED that the Court adopts the proposed schedule with alterations as stated herein. Final Pretrial Conference: The final pretrial conference shall be held on February 29, 2024, at 2:00 p.m. Trial will commence on Monday, March 11, 2024, at 8:00 am before the District Judge without a jury. IT IS FURTHER ORDERED that the referral to Magistrate Judge North in this Court's October 17th Order (Rec. Doc. 101) is SATISFIED. Signed by Judge Carl J Barbier on 10/20/23.(cg)
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| 102 |
Filed: 10/19/2023, Entered: 10/19/2023 |
Notice (other) |
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NOTICE by Denka Performance Elastomer LLC re [101] Order . (Super, David)
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Request |
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| 101 |
Filed: 10/17/2023, Entered: 10/17/2023 |
Order |
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ORDER re [100] Proposed Scheduling Order. It is ORDERED that the parties are REFERRED to Magistrate Judge North and shall meet with him to draft a new proposed scheduling order as stated herein. (NEF: Mag 5) Signed by Judge Carl J Barbier.(gec)
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| 100 |
Filed: 10/11/2023, Entered: 10/11/2023 |
Proposed Pretrial Order |
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JOINT Proposed Scheduling Order by Denka Performance Elastomer LLC, United States of America and DuPont Specialty Products USA, LLC (Attachments: # (1) Attachment A, # (2) Attachment B, # (3) Attachment C)(Super, David) Modified filers on 10/11/2023 (cg).
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| 99 |
Filed: 9/27/2023, Entered: 9/28/2023 |
Order on Motion for Hearing |
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Minute Order. Telephone Status Conference held on 9/27/2023 before Judge Carl J Barbier. ORDERED that [92] Motion for Evidentiary Hearing on the United States' Motion for Preliminary Injunction is GRANTED. The evidentiary hearing on the United States Motion for Preliminary Injunction (Rec. Doc. [9]) will be combined with a bench trial on the United States' request for permanent injunction. The parties are ordered to meet and confer and submit within 14 days a proposed scheduling order for the bench trial, as stated herein. (gec)
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| 98 |
Filed: 9/26/2023, Entered: 9/26/2023 |
Response to motion |
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RESPONSE to Motion filed by Denka Performance Elastomer LLC re [95] MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction . (Holden, Robert)
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Request |
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| 97 |
Filed: 9/26/2023, Entered: 9/26/2023, Terminated: 11/3/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Unredacted Copy of Response to USA's Motion to Seal by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order)(Holden, Robert)
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Request |
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| 96 |
Filed: 9/12/2023, Entered: 9/12/2023 |
Response to motion |
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RESPONSE/MEMORANDUM to Motion filed by United States of America re [92] MOTION for Hearing re [9] MOTION for Preliminary Injunction . (Shermer, Steven)
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| 95 |
Filed: 9/7/2023, Entered: 9/7/2023, Terminated: 7/18/2024 |
Motion to Seal |
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MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction by United States of America. Motion(s) will be submitted on 10/4/2023. (Attachments: # (1) Memorandum in Support, # (2) Exhibit (Ex. 1 - Sept. 1, 2023 notice of designation of Confidential Information), # (3) Proposed Order, # (4) Notice of Submission)(Shermer, Steven)
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Request |
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| 94 |
Filed: 9/6/2023, Entered: 9/6/2023 |
Reply to Response to motion |
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REPLY to Response to Motion filed by United States of America re [9] MOTION for Preliminary Injunction . (Attachments: # (1) Exhibit Ex. A, # (2) Exhibit Ex. B, # (3) Exhibit Ex. C, # (4) Exhibit Ex. D, # (5) Exhibit Ex. E, # (6) Exhibit Ex. F, # (7) Exhibit Ex. G, # (8) Exhibit Ex. H, # (9) Exhibit Ex. I, # (10) Exhibit Ex. J, # (11) Exhibit Ex. K, # (12) Exhibit Ex. L, # (13) Exhibit Ex. M, # (14) Exhibit Ex. N, # (15) Exhibit Ex. O, # (16) Exhibit Ex. P, # (17) Exhibit Ex. Q, # (18) Exhibit Ex. R, # (19) Exhibit Ex. S, # (20) Exhibit Ex. T, # (21) Exhibit Ex. U)(Shermer, Steven)
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| 93 |
Filed: 9/1/2023, Entered: 9/1/2023 |
Answer to Complaint |
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ANSWER to [1] Complaint, by DuPont Specialty Products USA, LLC.(Jarrell, Eric)
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Request |
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| 92 |
Filed: 9/1/2023, Entered: 9/1/2023, Terminated: 9/27/2023 |
Motion for Hearing |
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MOTION for Hearing re [9] MOTION for Preliminary Injunction by Denka Performance Elastomer LLC. Motion(s) will be submitted on 9/20/2023. (Attachments: # (1) Memorandum in Support, # (2) Notice of Submission, # (3) Proposed Order)(Super, David)
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Request |
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| 91 |
Filed: 8/31/2023, Entered: 8/31/2023 |
Order |
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ORDERED that a telephone status conference is set for Wednesday, September 27, 2023 at 10:00 a.m. Counsel for the United States of America will begin the conference call and, once all other parties are connected, add the Court to the call by dialing 504-589-7525. Signed by Judge Carl J Barbier. (gec)
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Request |
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| 90 |
Filed: 8/30/2023, Entered: 8/30/2023 |
Order on Motion to Dismiss / Lack of Jurisdiction |
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ORDER AND REASONS granting [57] Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction. IT IS HEREBY ORDERED that the United States' Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction (Rec. Doc. 57) is GRANTED. Denka's first five affirmative defenses are STRICKEN without leave to amend, and the sixth affirmative defense is STRICKEN with leave to amend. Denka's counterclaims are DISMISSED with prejudice with the exception of the fifth counterclaim which is DISMISSED without prejudice. Signed by Judge Carl J Barbier on 8/30/23. (cg)
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| 89 |
Filed: 8/18/2023, Entered: 8/18/2023 |
Order on Motion to Dismiss / Failure to State a Claim |
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ORDER & REASONS: It is ORDERED that DuPont's [49] Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) is DENIED. Signed by Judge Carl J Barbier on 8/17/2023. (gec)
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| 88 |
Filed: 8/16/2023, Entered: 8/16/2023 |
Order on Motion For Leave to File. |
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ORDER denying [87] Motion for Leave to File to Appear as Amici Curiae. Signed by Judge Carl J Barbier on 8/16/23. (cg)
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Request |
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| 87 |
Filed: 8/14/2023, Entered: 8/14/2023, Terminated: 8/16/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File /Appear as Amici Curiae by Louisiana Chemical Association, American Chemistry Council, Chamber of Commerce of the United States of America, National Association of Manufacturers. (Attachments: # (1) Proposed Order, # (2) Proposed Pleading, # (3) Exhibit to the proposed pleading)Attorney Greg L. Johnson added to party Louisiana Chemical Association(pty:am), Attorney Greg L. Johnson added to party American Chemistry Council(pty:am), Attorney Greg L. Johnson added to party Chamber of Commerce of the United States of America(pty:am), Attorney Greg L. Johnson added to party National Association of Manufacturers(pty:am).(Johnson, Greg)
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Request |
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| 86 |
Filed: 8/11/2023, Entered: 8/11/2023 |
Order Setting/Resetting Hearing on Motion |
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ORDER - Considering the foregoing Consent Motion to Continue Submission Date and Reply Brief Deadline for United States' Preliminary Injunction Motion (Rec. Doc. [83]) and the Ex Parte Motion for Expedited Consideration (Rec. Doc. [84]), IT IS HEREBY ORDERED that the motions are GRANTED, and the submission date and reply deadline for the United States' Motion for Preliminary Injunction is continued from August 23, 2023 to September 6, 2023. Signed by Judge Carl J Barbier on 8/11/23.(cg)
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Request |
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| 85 |
Filed: 8/11/2023, Entered: 8/11/2023 |
Response to motion |
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RESPONSE to Motion filed by Denka Performance Elastomer LLC re [83] MOTION to Continue Motion Submission Date. (Super, David)
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Request |
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| 84 |
Filed: 8/11/2023, Entered: 8/11/2023, Terminated: 8/11/2023 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Consent Motion to Continue Submission Date by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 83 |
Filed: 8/11/2023, Entered: 8/11/2023, Terminated: 8/11/2023 |
Motion to Continue |
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EXPARTE/CONSENT MOTION to Continue Motion Submission Date by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 82 |
Filed: 8/1/2023, Entered: 8/1/2023 |
Order on Motion For Leave to File. |
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ORDER granting [81] Motion for Leave to Substitute a Complete Version of an Exhibit to its Opposition to the United States' Motion for Preliminary Injunction. Signed by Judge Carl J Barbier on 8/1/23. (cg)
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Request |
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| 81 |
Filed: 7/31/2023, Entered: 7/31/2023, Terminated: 8/1/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File /Substitute a Complete Version of an Exhibit to Its Opposition to the United States Motion For Preliminary Injunction by Denka Performance Elastomer LLC. (Attachments: # (1) Exhibit 3 - Declaration of Dr. Gary Marsh, # (2) Attach. D (PART 1 of 4) to Marsh Declaration, # (3) Attach. D (PART 2 of 4) to Marsh Declaration, # (4) Attach. D (PART 3 of 4) to Marsh Declaration, # (5) Attach. D (PART 4 of 4) to Marsh Declaration, # (6) Attach. E (PART 1 of 5) to Marsh Declaration, # (7) Attach. E (PART 2 of 5) to Marsh Declaration, # (8) Attach. E (PART 3 of 5) to Marsh Declaration, # (9) Attach. E (PART 4 of 5) to Marsh Declaration, # (10) Attach. E (PART 5 of 5) to Marsh Declaration, # (11) Proposed Order)(Super, David)
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Request |
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| 80 |
Filed: 7/28/2023, Entered: 7/28/2023 |
Reply to Response to motion |
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REPLY in Support to Response to Motion filed by United States of America re [57] MOTION to Dismiss for Lack of Jurisdiction . (cg)
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Request |
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| 79 |
Filed: 7/28/2023, Entered: 7/28/2023 |
Order on Motion For Leave to File. |
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ORDER granting [71] Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 7/28/23. (cg)
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Request |
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| 78 |
Filed: 7/28/2023, Entered: 7/28/2023 |
Order on Motion for Leave to File Excess Pages |
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ORDER granting [72] Motion for Leave to File Excess Pages. Denka Performance Elastomer, LLC may file an Opposition to the United States' Motion for a Preliminary Injunction that is no more than 50 pages, and the United States may file a Reply that is no more than 32 pages. IT IS FURTHER ORDERED that the United States' Reply Brief Deadline is extended from August 17, 2023 to August, 23, 2023. Signed by Judge Carl J Barbier on 7/28/23. (cg)
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Request |
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| 77 |
Filed: 7/26/2023, Entered: 7/26/2023 |
Notice (other) |
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NOTICE of Supplemental Authority by Denka Performance Elastomer LLC re [66] Response/Memorandum in Opposition to Motion of Supplemental Authority. (Attachments: # (1) Exhibit A)(Super, David) Modified on 7/26/2023 (cg).
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Request |
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| 76 |
Filed: 7/25/2023, Entered: 7/25/2023 |
Notice (other) |
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NOTICE by United States of America re [75] Order on Motion to Seal Document Notice of Filing Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss. (Attachments: # (1) Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss, # (2) Exhibit A (Ground Lease), # (3) Exhibit B)(Shermer, Steven)
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Request |
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| 75 |
Filed: 7/24/2023, Entered: 7/24/2023 |
order on motion to seal document |
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ORDER & REASONS: It is ORDERED that the [59] Motion to Seal is DENIED, and the unredacted lease and memorandum in opposition to DuPont's Motion to Dismiss (Rec. Doc. [49]) shall be filed into the record. Signed by Judge Carl J Barbier. (gec)
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Request |
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| 74 |
Filed: 7/18/2023, Entered: 7/18/2023 |
Request/Statement of Oral Argument |
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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding [9] MOTION for Preliminary Injunction (Super, David)
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| 73 |
Filed: 7/18/2023, Entered: 7/18/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re [9] MOTION for Preliminary Injunction. (Attachments: # (1) Exhibit 01 - DPE July 7 Comments (without exhibits), # (2) Exhibit 02 - EPA Letter to LDEQ, dated October 12, 2022, # (3) Exhibit 03 - Declaration of Dr. Gary Marsh, # (4) Exhibit 04 - Declaration of Dr. Michael Lumpkin, # (5) Exhibit 05 - Declaration of Dr. P. Robinan Gentry, # (6) Exhibit 06 - Declaration of Eric Farstad, # (7) Exhibit 07 - Declaration of David Blye, # (8) Exhibit 08 - Declaration Paul Casarez, # (9) Exhibit 09 - Declaration of Jorge Lavastida, # (10) Exhibit 10 - Declaration of Chris Meyers, # (11) Exhibit 11 - EPA Response to DPE Interrogatory No. 3, # (12) Exhibit 12 - Letter from M. Squillace to S. Coleman, EPA, Nov. 13, 2017, # (13) Exhibit 13 - Letter from Mr. Samuel Coleman to Mark Squillace - Dec. 15, 2017, # (14) Exhibit 14 - Letter from M. Squillace to S. Coleman, Jan. 12, 2018, # (15) Exhibit 15 - Earth Justice Petition to EPA, May 6, 2021, # (16) Exhibit 16 - In Re New-Indy Catawba LLC, CAA 303 Emergency Order, EPA Region 4, May 13, 2021, # (17) Exhibit 17 - In re Limetree Bay Terminals LLC et all, CAA Emergency order, EPA Region 2, May 14, 2021, # (18) Exhibit 18 - Letter from Administrator Regan to DPE, Jan. 24, 2022, # (19) Exhibit 19 - Proposed Rule (excerpts) and Neoprene Assessment, # (20) Exhibit 20 - EPA, Nat'l Emission Stands. for HAPs - Primary Lead Smelting, Sum. of Pub. Comment and Response, Nov. 4, 2011, # (21) Exhibit 21 - Toxicological Review of Chloroprene Sept. 2010, # (22) Exhibit 22 - EPA, Air Toxics Risk Assessment Ref. Library Vol. 2, April 2004 (excerpt), # (23) Exhibit 23 - Parts 1 and 2 - EPA, Guidelines for Carcinogen Risk Assessment, # (24) Exhibit 24 - Cote Deposition Transcript (excerpts), # (25) Exhibit 25 - Letter from EPA to LDEQ (Sept. 23, 2019), # (26) Exhibit 26 - Suh Deposition Transcript (excerpts), # (27) Exhibit 27 - Vandenberg Deposition Transcript (excerpts), # (28) Exhibit 28 - EPA's Response to DPE's RFA No. 17, # (29) Exhibit 29 - EPA Cooperative Agreement, Grant No. 01F70601, awarded Sept. 19, 2020, # (30) Exhibit 30 - EPA Cooperative Agreement, Grant No. 01F70501, awarded Sept. 19, 2020, # (31) Exhibit 31 - Sax et al (2020), # (32) Exhibit 32 - EPA's Response to DPE's Interrogatory No. 12, # (33) Exhibit 33 - Letter from M. Greene, EPA, to J. Lavastida, DPE, July 6, 2022, # (34) Exhibit 34 - EPA's Response to DPE's Interrogatory No. 6, # (35) Exhibit 35 - EPA's Responses to DPE's RFA Nos. 3-4, # (36) Exhibit 36 - March-April 2021 Internal EPA Email Chain re Region 6 IRIS Nomination for Chloroprene, # (37) Exhibit 37 - EPA's Response to DPE's RFA No. 16, # (38) Exhibit 38 - Letter from Gwinn, EPA, to Walsh, DPE, Mar. 14, 2022, # (39) Exhibit 39 - Harrington Deposition Transcript excerpts, # (40) Exhibit 40 - Table Re Proposed Order, # (41) Exhibit 41 - EPA Response to DPE Interrogatory No. 4)(Super, David) Modified on 7/19/2023 (gec). (Attachment 3 replaced on 8/1/2023) (cg).
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| 72 |
Filed: 7/6/2023, Entered: 7/6/2023, Terminated: 7/28/2023 |
Motion for Leave to File Excess Pages |
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EXPARTE/CONSENT Joint MOTION for Leave to File Excess Pages for DPE's Opposition and United States' Reply, regarding [9] MOTION for Preliminary Injunction by Denka Performance Elastomer LLC and United Sates of America. (Attachments: # (1) Proposed Order)(Venn, Brett) Modified text and filers on 7/6/2023 (cg).
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Request |
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| 71 |
Filed: 6/29/2023, Entered: 6/29/2023, Terminated: 7/28/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Reply by United States of America. (Attachments: # (1) Exhibit Proposed Pleading, # (2) Proposed Order)(Gange, Heather) Modified text on 6/29/2023 (gec).
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Request |
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| 70 |
Filed: 6/28/2023, Entered: 6/28/2023, Terminated: 6/29/2023 |
Motion for Leave to file document |
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**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Reply Brief by United States of America. (Attachments: # (1) Exhibit Proposed Reply Brief)(Gange, Heather) Modified on 6/29/2023 (gec).
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Request |
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| 69 |
Filed: 6/26/2023, Entered: 6/26/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [68] Motion to Appear Pro Hac Vice as to Britt Cass Steckman. Signed by Judge Carl J Barbier on 6/21/23. (cg)
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Request |
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| 68 |
Filed: 6/20/2023, Entered: 6/20/2023, Terminated: 6/26/2023 |
Motion to Appear Pro Hac Vice |
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Britt Cass Steckman (Filing fee $ 100 receipt number ALAEDC-9991510) by Denka Performance Elastomer LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Proposed Order)(Holden, Robert)
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Request |
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| 67 |
Filed: 6/20/2023, Entered: 6/20/2023 |
Request/Statement of Oral Argument |
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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding [57] MOTION to Dismiss for Lack of Jurisdiction. (Holden, Robert)
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Request |
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| 66 |
Filed: 6/20/2023, Entered: 6/20/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re [57] MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Holden, Robert)
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Request |
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| 65 |
Filed: 6/8/2023, Entered: 6/8/2023 |
Order on motion for discovery |
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ORDER AND STIPULATION REGARDING DISCOVERY PROCEDURE. Signed by Magistrate Judge Michael North on 6/8/23. (cg)
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Request |
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| 64 |
Filed: 6/6/2023, Entered: 6/6/2023 |
Response to motion |
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RESPONSE to Motion filed by DuPont Specialty Products USA, LLC re [59] MOTION to Seal Document [58] Response/Memorandum in Opposition to Motion, . (Jarrell, Eric)
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Request |
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| 63 |
Filed: 6/2/2023, Entered: 6/2/2023, Terminated: 6/8/2023 |
motion for discovery |
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EXPARTE/CONSENT MOTION for Discovery Procedure Order by United States of America. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order)(Smith, Daniel)
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Request |
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| 62 |
Filed: 6/1/2023, Entered: 6/1/2023 |
Reply to Response to motion |
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REPLY to Response to Motion filed by DuPont Specialty Products USA, LLC re [57] MOTION to Dismiss for Lack of Jurisdiction. (gec)
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Request |
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| 61 |
Filed: 6/1/2023, Entered: 6/1/2023 |
Order on Motion For Leave to File. |
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ORDER granting [60] Motion for Leave to File Reply. Signed by Judge Carl J Barbier. (gec)
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Request |
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| 60 |
Filed: 5/31/2023, Entered: 5/31/2023, Terminated: 6/1/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by DuPont Specialty Products USA, LLC. (Attachments: # (1) Proposed Order, # (2) Proposed Pleading)(Jarrell, Eric)
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Request |
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| 59 |
Filed: 5/22/2023, Entered: 5/22/2023, Terminated: 7/24/2023 |
motion to seal document |
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MOTION to Seal Document [58] Response/Memorandum in Opposition to Motion, by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: # (1) Memorandum in Support, # (2) Notice of Submission, # (3) Proposed Order)(Frazier, Hannah)
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Request |
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 58 |
Filed: 5/22/2023, Entered: 5/22/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by United States of America re [49] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # (1) Exhibit Ex. A - Ground Lease - Filed Under Seal), # (2) Exhibit Ex. B - Westvaco Opinion)(Shermer, Steven)
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| 57 |
Filed: 5/9/2023, Entered: 5/9/2023, Terminated: 8/30/2023 |
Motion to Dismiss/Lack of Jurisdiction |
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MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # (1) Memorandum in Support, # (2) Exhibit A Thayer Declaration, # (3) Exhibit B Rimer Declaration, # (4) Notice of Submission, # (5) Proposed Order)(Gange, Heather)
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Request |
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| 56 |
Filed: 5/8/2023, Entered: 5/8/2023, Terminated: 5/9/2023 |
Motion to Dismiss/Lack of Jurisdiction |
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**DEFICIENT** MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # (1) Memorandum in Support, # (2) Exhibit Ex. A - Thayer Declaration, # (3) Exhibit Ex. B Rimer Declaration, # (4) Notice of Submission, # (5) Proposed Order)(Gange, Heather) Modified on 5/9/2023 (gec).
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Request |
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| 55 |
Filed: 5/8/2023, Entered: 5/8/2023 |
Order on Motion to Enroll as Counsel of Record |
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ORDER granting [54] Motion to Enroll as Counsel of Record for Attorney Heather E. Gange for United States of America. Signed by Judge Carl J Barbier on 05/08/2023. (ko)
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Request |
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| 54 |
Filed: 5/5/2023, Entered: 5/5/2023, Terminated: 5/8/2023 |
Motion to Enroll as Counsel of Record |
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EXPARTE/CONSENT MOTION to Enroll as Counsel of Record (Heather Gange) by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 53 |
Filed: 5/5/2023, Entered: 5/5/2023 |
protective order |
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PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 5/5/23.(cg)
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Request |
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| 52 |
Filed: 5/4/2023, Entered: 5/4/2023, Terminated: 5/5/2023 |
Motion to Dismiss/Lack of Jurisdiction |
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**DEFICIENT** MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # (1) Memorandum in Support, # (2) Exhibit A Thayer Declaration, # (3) Exhibit B Rimer Declaration, # (4) Proposed Order, # (5) Notice of Submission)Attorney Heather E. Gange added to party United States of America(pty:cd), Attorney Heather E. Gange added to party United States of America(pty:pla).(Gange, Heather) Modified on 5/5/2023 (gec).
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Request |
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| 51 |
Filed: 5/3/2023, Entered: 5/3/2023, Terminated: 5/5/2023 |
Motion for Protective Order |
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EXPARTE/CONSENT MOTION for Protective Order by United States of America. Motion(s) referred to Michael North. (Attachments: # (1) Exhibit Redline comparison to Magistrate Judge North's Sample Order, # (2) Proposed Order)(Smith, Daniel)
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Request |
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| 50 |
Filed: 5/3/2023, Entered: 5/3/2023 |
Correction of Docket Entry by Clerk |
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Correction of Docket Entry by Clerk re [49] MOTION to Dismiss for Failure to State a Claim. Complaint lists Marie O. Luis as counsel for a party in this action. Marie O. Luis has not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this courts Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Please remove this attorney until admission or proper pro hac has been filed. (cg)
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Request |
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| 49 |
Filed: 5/2/2023, Entered: 5/2/2023, Terminated: 8/18/2023 |
Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) |
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MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by DuPont Specialty Products USA, LLC. Motion(s) will be submitted on 5/31/2023. (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Notice of Submission)Attorney Eric Earl Jarrell added to party DuPont Specialty Products USA, LLC(pty:dft).(Jarrell, Eric)
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Request |
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| 48 |
Filed: 5/1/2023, Entered: 5/1/2023 |
Order |
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ORDERED that [25] MOTION to Continue Submission Date on Motion for Preliminary Injunction is GRANTED. The submission date on the motion for preliminary injunction (Rec. Doc. [9]) is CONTINUED to August 23, 2023. It is FURTHER ORDERED that the deadline for oppositions to the motion for preliminary injunction is CONTINUED to July 18, 2023. The United States' reply brief deadline is SET for August 17, 2023. Signed by Judge Carl J Barbier.(gec)
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Request |
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| 47 |
Filed: 4/24/2023, Entered: 4/24/2023 |
Order on Motion to Expedite |
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ORDER granting in part [28] Motion to Expedite Discovery as stated herein. No later than ten (10) days from this date of this Order, the parties shall meet and confer to more narrowly tailor Defendants' remaining discovery requests to Plaintiff's motion for a preliminary injunction. Plaintiff shall also continue to voluntarily produce information to Defendants, to which it has agreed. (Rec. doc. 37 at 17). With regard to the Requests for Admission, Plaintiff shall respond to them no later than fourteen (14) days from the date of this Order. Said requests are not overly burdensome to Plaintiff. In addition, the Court finds that the depositions of Jeffrey Harrington, Dr. John Vandenburg, Dr. Ila Cote, and Dr. Helen Suh are proportional to any opposition to the motion for preliminary injunction. Defendants may depose these four individuals in accordance with strict compliance to the Federal Rules of Civil Procedure. No later than ten (10) days from the date of this Order, Plaintiff and Defendants shall meet and confer to schedule a mutually-agreeable date and time for these four depositions and to discuss whether Plaintiff need depose any of Defendants' experts. Signed by Magistrate Judge Michael North on 4/24/23. (cg)
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Request |
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| 46 |
Filed: 4/17/2023, Entered: 4/17/2023 |
Reply to Response to motion |
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REPLY to Response to Motion filed by Denka Performance Elastomer LLC re [27] MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support. (cg)
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Request |
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| 45 |
Filed: 4/17/2023, Entered: 4/17/2023 |
Order on Motion For Leave to File. |
|
ORDER granting [41] Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg)
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Request |
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| 44 |
Filed: 4/17/2023, Entered: 4/17/2023 |
Reply to Response to motion |
|
REPLY to Response to Motion filed by Denka Performance Elastomer LLC re [28] MOTION to Expedite Discovery. (cg)
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Request |
|
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| 43 |
Filed: 4/17/2023, Entered: 4/17/2023 |
Order on Motion For Leave to File. |
|
ORDER granting [42] Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg)
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Request |
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| 42 |
Filed: 4/17/2023, Entered: 4/17/2023, Terminated: 4/17/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Expedited Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order, # (2) Proposed Pleading)(Holden, Robert)
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Request |
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| 41 |
Filed: 4/17/2023, Entered: 4/17/2023, Terminated: 4/17/2023 |
Motion for Leave to file document |
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EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order, # (2) Proposed Pleading)(Holden, Robert)
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Request |
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| 40 |
Filed: 4/14/2023, Entered: 4/14/2023 |
Order on Motion to Substitute |
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ORDER REGARDING THE UNITED STATES' MOTION TO SEAL Having considered the United States' Motion to Seal (ECF No. [10]) and the United States' Ex Parte/Consent Motion to Substitute Exhibit Filed Under Seal, and for good cause shown, IT IS ORDERED: 1.The United States' Motion to Seal (ECF No. [10]) is hereby DENIED as MOOT. 2.The Clerk is hereby ORDERED to return to the United States the documents that the United States filed under seal in connection with its Motion to Seal (ECF No. 10). 3.The Clerk is further ORDERED to substitute the Declaration of Nicholas Bobbs filed on the docket in this matter as ECF No. 9-11 with the updated version of the same document, filed by United States as an exhibit to the United States' and DPE's Joint Motion to Substitute Exhibit Filed Under Seal. Signed by Judge Carl J Barbier on 4/14/23. (cg)
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| 39 |
Filed: 4/14/2023, Entered: 4/14/2023 |
Order on Motion for Leave to File Excess Pages |
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ORDER granting [8] Motion for Leave to File Excess Pages. The United States may file a Memorandum in Support of its Motion for a Preliminary Injunction that is no more than 35 pages; Denka may file a Memorandum in Opposition to the United States' Motion for a Preliminary Injunction that is no more than 40 pages; and the United States may file a Reply that is no more than 25 pages. Signed by Judge Carl J Barbier on 4/14/23. (cg)
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Request |
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| 38 |
Filed: 4/13/2023, Entered: 4/13/2023, Terminated: 4/14/2023 |
Motion to Substitute |
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EXPARTE/CONSENT MOTION to Substitute Exhibit Filed Under Seal by United States of America. (Attachments: # (1) Proposed Order, # (2) Exhibit (substitution for ECF No. 9-11))(Smith, Daniel)
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| 37 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by United States of America re [28] MOTION to Expedite Discovery . (Attachments: # (1) Exhibit Declaration of Ryan Landrum, # (2) Exhibit Stipulations)(Shermer, Steven)
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Request |
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| 36 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Response/Memorandum in Opposition to Motion |
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RESPONSE/MEMORANDUM in Opposition filed by United States of America re [25] MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 35 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Response to motion |
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RESPONSE to Motion filed by Denka Performance Elastomer LLC re [10] EXPARTE/CONSENT MOTION to Seal Attachments to [9] MOTION for Preliminary Injunction. (Holden, Robert) M
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Request |
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| 34 |
Filed: 4/4/2023, Entered: 4/4/2023 |
Order on Motion to Enroll as Counsel of Record |
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ORDER granting [33] Motion to Enroll Daniel Stephen Smith as Counsel of Record for United States of America. Signed by Judge Carl J Barbier. (gec)
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Request |
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| 33 |
Filed: 4/4/2023, Entered: 4/4/2023, Terminated: 4/4/2023 |
Motion to Enroll as Counsel of Record |
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EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Daniel S. Smith by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 32 |
Filed: 4/3/2023, Entered: 4/3/2023 |
Order on Motion to Expedite |
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ORDER granting [29] Motion to Expedite. Denka Performance Elastomer, L.L.C.'s Motion for Expedited Discovery (rec. doc. 28) is SET FOR SUBMISSION ON THE BRIEFS on Wednesday, April 19, 2026. The United States of America shall file any opposition no later than Tuesday, April 11, 2023. IT IS FURTHER ORDERED that the request for oral argument on the Motion for Expedited Discovery is DENIED. The Court will notify the parties if oral argument is necessary. Signed by Magistrate Judge Michael North on 4/3/23. (cg)
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Request |
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| 31 |
Filed: 3/31/2023, Entered: 3/31/2023 |
Order on Motion to Expedite |
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ORDER regarding [27] Motion to Expedite. IT IS HEREBY ORDERED that the Motion to Expedite (Rec. Doc. [27]) is DENIED. The motion to continue (Rec. Doc. [25]) remains set for submission on April 19, 2023, and the United States may respond by April 11, 2023. IT IS FURTHER ORDERED that the request for Oral Argument on the motion to continue is DENIED. The Court will notify the parties if Oral Argument is necessary. Signed by Judge Carl J Barbier on 3/31/23. (cg)
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Request |
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| 30 |
Filed: 3/30/2023, Entered: 3/30/2023 |
Request/Statement of Oral Argument |
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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding [28] MOTION to Expedite Discovery (Holden, Robert)
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Request |
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| 29 |
Filed: 3/30/2023, Entered: 3/30/2023, Terminated: 4/3/2023 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Expedited Discovery, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order)(Holden, Robert)
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Request |
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| 28 |
Filed: 3/30/2023, Entered: 3/30/2023, Terminated: 4/24/2023 |
Motion to Expedite |
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MOTION to Expedite Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 4/26/2023. (Attachments: # (1) Notice of Submission, # (2) Proposed Order, # (3) Memorandum in Support, # (4) Exhibit A - Proposed Interrogatories, # (5) Exhibit B - Proposed Requests for Production, # (6) Exhibit C - Proposed Requests for Admission)(Holden, Robert)
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Request |
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| 27 |
Filed: 3/30/2023, Entered: 3/30/2023, Terminated: 3/31/2023 |
Motion to Expedite |
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EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order)(Holden, Robert)
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Request |
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| 26 |
Filed: 3/30/2023, Entered: 3/30/2023 |
Request/Statement of Oral Argument |
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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding [25] MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule (Holden, Robert)
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Request |
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| 25 |
Filed: 3/30/2023, Entered: 3/30/2023, Terminated: 5/1/2023 |
Motion to Continue |
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MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: # (1) Notice of Submission, # (2) Proposed Order, # (3) Memorandum in Support)(Holden, Robert)
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Request |
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| 24 |
Filed: 3/28/2023, Entered: 3/28/2023, Terminated: 3/29/2023 |
Motion to Expedite |
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*DEFICIENT* EXPARTE/CONSENT Ex Parte MOTION to Expedite Consideration of Motion to Govern and Expedite Preliminary Injunction Discovery by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order)(Holden, Robert) Modified on 3/29/2023 (cg).
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Request |
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| 23 |
Filed: 3/28/2023, Entered: 3/28/2023, Terminated: 3/29/2023 |
Motion to Expedite |
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*DEFICIENT* MOTION for Order Governing Proceedings Relating to Plaintiff's Motion for Preliminary Injunction (R. Doc.[9]) by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: # (1) Notice of Submission, # (2) Notice of Submission Request for Oral Argument, # (3) Proposed Order, # (4) Memorandum in Support, # (5) Exhibit A - Interrogatories, # (6) Exhibit B - Request for Production, # (7) Exhibit C - Request for Admission)(Holden, Robert) Modified on 3/29/2023 (cg). Modified on 3/29/2023 (cg).
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Request |
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| 22 |
Filed: 3/28/2023, Entered: 3/28/2023 |
Answer to Complaint |
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ANSWER to [1] Complaint, COUNTERCLAIM against United States of America by Denka Performance Elastomer LLC.(Holden, Robert)
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Request |
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| 21 |
Filed: 3/27/2023, Entered: 3/27/2023 |
Order Setting/Resetting Hearing on Motion |
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ORDER - Before the Court is a Motion to Seal (Rec. Doc. [10]) filed by the United States of America. The motion seeks to file under seal attachments 1 and 2 of the Declaration of Nicholas Bobbs, which was filed by the United States in support of its Motion for Preliminary Injunction. IT IS HEREBY ORDERED that the Motion to Seal (Rec. Doc. 10) is SET FOR SUBMISSION on April 19, 2023. Defendants may file their memorandum in accordance with the above instructions by April 11, 2023. Plaintiff may reply to Defendant's memorandum by April 19, 2023. Signed by Judge Carl J Barbier on 3/27/23.(cg)
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Request |
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| 20 |
Filed: 3/27/2023, Entered: 3/27/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [16] Motion to Appear Pro Hac Vice as to Kevin Voelkel. Signed by Judge Carl J Barbier on 3/27/23. (cg)
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Request |
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| 19 |
Filed: 3/27/2023, Entered: 3/27/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [15] Motion to Appear Pro Hac Vice as to David A. Super. Signed by Judge Carl J Barbier on 3/27/23. (cg)
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Request |
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| 18 |
Filed: 3/27/2023, Entered: 3/27/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [14] Motion to Appear Pro Hac Vice as to Jason B Hutt. Signed by Judge Carl J Barbier on 3/27/23. (cg)
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Request |
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| 17 |
Filed: 3/27/2023, Entered: 3/27/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [13] Motion to Appear Pro Hac Vice as to Jeffrey Holmstead. Signed by Judge Carl J Barbier on 3/27/23. (cg)
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Request |
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| 16 |
Filed: 3/23/2023, Entered: 3/23/2023, Terminated: 3/27/2023 |
Motion to Appear Pro Hac Vice |
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Kevin M. Voelkel (Filing fee $ 100 receipt number ALAEDC-9861308) by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Declaration, # (4) Exhibit Consent to Efile)(Holden, Robert)
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Request |
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| 15 |
Filed: 3/23/2023, Entered: 3/23/2023, Terminated: 3/27/2023 |
Motion to Appear Pro Hac Vice |
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice David A. Super (Filing fee $ 100 receipt number ALAEDC-9861296) by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Declaration, # (4) Exhibit Consent to Efile)(Holden, Robert)
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Request |
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| 14 |
Filed: 3/23/2023, Entered: 3/23/2023, Terminated: 3/27/2023 |
Motion to Appear Pro Hac Vice |
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jason B. Hutt (Filing fee $ 100 receipt number ALAEDC-9861287) by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Declaration, # (4) Exhibit Consent to Efile)(Holden, Robert)
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Request |
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| 13 |
Filed: 3/23/2023, Entered: 3/23/2023, Terminated: 3/27/2023 |
Motion to Appear Pro Hac Vice |
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey R. Holmstead (Filing fee $ 100 receipt number ALAEDC-9861250) by Denka Performance Elastomer LLC. (Attachments: # (1) Proposed Order Proposed Order, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit Declaration, # (4) Exhibit Consent to Efile)Attorney Robert E. Holden added to party Denka Performance Elastomer LLC(pty:dft).(Holden, Robert)
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Request |
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| 12 |
Filed: 3/22/2023, Entered: 3/22/2023 |
Notice (other) |
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NOTICE ERRATA to Non-confidential motion in support (ECF No. 10-2) by United States of America re [10] EXPARTE/CONSENT MOTION to Seal Attachments to [9] MOTION for Preliminary Injunction. (Smith, Daniel) Modified text on 3/24/2023 (cg).
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Request |
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| 11 |
Filed: 3/20/2023, Entered: 3/20/2023 |
waiver of service executed |
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WAIVER OF SERVICE Returned Executed; waiver sent to DuPont Specialty Products USA, LLC on 3/3/2023, answer due 5/2/2023. (Attachments: # (1) Executed Waiver of Summons by DuPont Specialty Products)(Shermer, Steven)
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Request |
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| 10 |
Filed: 3/20/2023, Entered: 3/20/2023, Terminated: 4/14/2023 |
motion to seal document |
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EXPARTE/CONSENT MOTION to Seal Attachments to [9] MOTION for Preliminary Injunction by United States of America. (Attachments: # (1) Notice of Submission, # (2) Memorandum in Support, # (3) Proposed Order)(Shermer, Steven) Modified submission date on 3/21/2023 (cg).
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Request |
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| 9 |
Filed: 3/20/2023, Entered: 3/20/2023, Terminated: 3/10/2025 |
Motion for Preliminary Injunction |
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MOTION for Preliminary Injunction by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: # (1) Notice of Submission, # (2) Memorandum in Support, # (3) Exhibit (Ex. A - Proposed Order), # (4) Exhibit (Ex. B - Decl. of James Leathers), # (5) Exhibit (Ex. C - Decl. of Dr. Nyesha Black), # (6) Exhibit (Ex. D - Decl. of Dr. John Vandenberg), # (7) Exhibit (Ex. E - Summary Table of Monitoring Data), # (8) Exhibit (Ex. F - Decl. of Dr. Ila Cote), # (9) Exhibit (Ex. G - Decl. of Jeffrey Harrington), # (10) Exhibit (Ex. H - Decl. of Dr. Helen Suh), # (11) Exhibit (Ex. I - Decl. of Nicholas Bobbs), # (12) Exhibit (Ex. J - Decl. of Jiayang Chen), # (13) Exhibit (Ex. K - Decl. of Richard Wayland), # (14) Exhibit (Ex. L - Excerpts of Memorandum of Ground Lease), # (15) Exhibit (Ex. M - 2017 LDEQ Consent Order))(Shermer, Steven) (Attachment 11 replaced on 4/14/2023) (cg).
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Request |
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| 8 |
Filed: 3/20/2023, Entered: 3/20/2023, Terminated: 4/14/2023 |
Motion for Leave to File Excess Pages |
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EXPARTE/CONSENT MOTION for Leave to File Excess Pages for Preliminary Injunction Memoranda by United States of America. (Attachments: # (1) Proposed Order)(Shermer, Steven)
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Request |
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| 7 |
Filed: 3/16/2023, Entered: 3/16/2023 |
waiver of service executed |
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WAIVER OF SERVICE Returned Executed; waiver sent to Denka Performance Elastomer LLC on 3/3/2023, answer due 5/2/2023. (Attachments: # (1) Executed Waiver of Summons by Denka)(Shermer, Steven)
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Request |
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| 6 |
Filed: 3/15/2023, Entered: 3/15/2023 |
Order Transferring Case |
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ORDER TRANSFERRING CASE. Case transferred to Judge Carl J Barbier. Judge Eldon E. Fallon no longer assigned to case. Signed by Judge Eldon E. Fallon on 3/14/2023. (NEF: Sec L case mgr)(lag)
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Request |
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| 5 |
Filed: 3/3/2023, Entered: 3/3/2023 |
Certificate of service |
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CERTIFICATE OF SERVICE by United States of America re [1] Complaint, . (Attachments: # (1) Notice of Lawsuit and Request to Waive Service of Summons, # (2) Requested Waiver of Service of Summons)(Shermer, Steven)
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Request |
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| 4 |
Filed: 3/3/2023, Entered: 3/3/2023 |
Certificate of service |
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CERTIFICATE OF SERVICE by United States of America re [1] Complaint, . (Attachments: # (1) Notice of Lawsuit and Request to Waive Service of Summons, # (2) Requested Waiver of Service of Summons)(Shermer, Steven)
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Request |
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| 3 |
Filed: 3/3/2023, Entered: 3/3/2023 |
Notice of Related Cases |
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Notice of Related Case(s) by United States of America of related case(s) 2:23-cv-147. (Shermer, Steven)
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Request |
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| 2 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Initial Case Assignment |
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Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Michael North. (ess)
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| 1 |
Filed: 2/28/2023, Entered: 2/28/2023 |
Complaint |
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COMPLAINT against Denka Performance Elastomer LLC, DuPont Specialty Products USA, LLC (Filed on behalf of USA - Filing Fee not required) filed by United States of America. (Attachments: # (1) Civil Cover Sheet)Attorney Steven David Shermer added to party United States of America(pty:pla).(Shermer, Steven)
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Request |
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