RESPONSE to Motion re 128 MOTION to Exclude Plaintiffs' Expert W. Richard Laton filed by All Plaintiffs. (Attachments: # 1 Exhibit Dr. Laton Report Part 1, # 2 Exhibit Dr.Laton Report Part 2, # 3 Exhibit Dr. Laton Report Part 3, # 4 Exhibit Dr. Laton Report Part 4, # 5 Exhibit Dr. Laton Report Part 5, # 6 Exhibit Larson Deposition Excerpts)(Page, David) (Entered: 09/13/2013)
REPLY to Response to Motion re 96 MOTION to Certify Class filed by Rhona Barefoot, Donald Ellsworth, Nancy Oliver, Dwight Sanford. (Attachments: # 1 Exhibit A - Burford Deposition Excerpts, # 2 Exhibit August 1988 Halliburton Letter, # 3 Exhibit C - July 5, 1988 Test Results, # 4 Exhibit D - July 12, 1988 Test Results)(Ommen, Todd) (Entered: 09/13/2013)
RESPONSE in Opposition re 142 MOTION for Judgment on the Pleadings as to Plaintiffs' "Plume Class" filed by Rhona Barefoot, Donald Ellsworth, Nancy Oliver, Dwight Sanford. (Attachments: # 1 Exhibit A - July 2011 Letter, # 2 Exhibit B - Ginsberg Declaration)(Ommen, Todd) (Entered: 09/13/2013)
RESPONSE in Opposition re 126 MOTION to Exclude Plaintiffs' Expert Kevin J. Boyle filed by Rhona Barefoot, Donald Ellsworth, Nancy Oliver, Dwight Sanford. (Attachments: # 1 Exhibit A - Boyle Declaration, # 2 Exhibit B - Dent Deposition Excerpts)(Ommen, Todd) (Entered: 09/13/2013)
ORDER granting 151 the parties' Joint Motion for Leave to File an Oversized Reply. Plaintiffs may file a reply brief and defendant may file a sur-reply brief of up to 47 pages in length. Signed by Honorable Vicki Miles-LaGrange on 9/12/2013. (ks) (Entered: 09/12/2013)
JOINT MOTION for Leave to File Excess Pages for Reply and Sur-Reply Briefs Related to Plaintiffs' Motion for Class Certification by Rhona Barefoot, Donald Ellsworth, Nancy Oliver, Dwight Sanford. (Ommen, Todd) (Entered: 09/12/2013)
ORDER granting 149 Movants' Unopposed Motion to File Amicus Curiae Brief to Respond to Defendant's Pending Rule 12(c) "Plume Class" Motion. The Movants are granted leave of the Court to file an amicus curiae brief in this case in opposition to defendant's pending Rule 12(c) "Plume Class" motion. The Movants shall file their brief on or before August 30, 2013. Signed by Honorable Vicki Miles-LaGrange on 8/27/2013. (ks) (Entered: 08/27/2013)
ORDER granting the parties' oral motion to stay the Court's decision on certain motions currently pending in McCormick, et al. v. Halliburton Energy Services, Inc. until such time as the parties inform the Court that medication has not resolved the entire case and that the motions still require resolution and continuing the case to the Court's February 2015 trial docket (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 8/23/2013. (ks) (Entered: 08/23/2013)
Minute Entry for proceedings held before Honorable Vicki Miles-LaGrange: Status Conference held on 8/21/2013. The Court continues deadlines and will enter an order regarding same. (ks) (Entered: 08/21/2013)
JOINT STATUS REPORT by Plaintiffs Cynthia R Allen, James L Allen, Rhona Barefoot, Dewayne Barnett, Kelli Barnett, Jason Battles, Alyce Bonham, Charles Bonham, Barbara Bowden, Lloyd Bowden, Patty J Brooks, Richard M Brooks, Bert Brown, Jr, John Burke, Patricia Burke, Linda Burton, David Bussey, Shelia Bussey, D L Carter, Molly Carter, James R Chaffin, Linda Chaffin, James Cofer, Mavis Cofer, Dale Coffin, Judith Coffin, Donald Gary Cook, Larry Cook, Clyde Cornwell, Jr, Sharon Cornwell, Donald W Couch, Jeanette Couch, Chad Cramton, Dan Crawford, Sherry Crawford, Nikki Crook, Warren Crook, Alan Keith Davis, Linda L Davis, James Delk, Marylyn Delk, Dreamer Capital LLC, Stephanie Dresser, Lucia Dezire Duncan, Shannon Duncan, Chris Ellsworth, Donald Ellsworth, Kelly Ellsworth, Melodee Ellsworth, Gary England, Tiawanna England, Candus Farr, Christian Farr, Dale Gibbs, Keith Gibbs, Angela Giles, Justin Giles, Clay Howell, Clayton W Howell, Kristi Howell, Kristi Howell, Billy R Huddelston, William Huff, Brooke Hyde, Randy Hyde, Chris Jackson, Harold Jackson, Loretta Jackson, Misty Keene, Patricia Ledford, Thomas Ledford, Mary Anne Lockstone, Shawn Lockstone, Kandy Lovan, Dee Lowry, Thomas Lowry, MJ Lewis and Associates Inc, Doyle Marney, Kaci Martinez, Mitchell McCormick, Mitchell McCormick, Sonja McCormick, Sonja McCormick, Gale McCullough, Gary L McCullough, Linda McCullough, Carl Merrill, Cindy Merrill, Connie S Miller, Frank L Miller, Lance Minson, Brian Morris, Gerald D Morris, Linda Sue Morris, Anissa Morrow, David Morrow, Glen A Neal, Jachelene Neely, Lewis Neely, Christopher Nelson, Donald Nelson, Steven Craig Nelson, Jerry Don Newman, Sr, Judy L Newman, Larry Null, Vickie Null, Nancy Oliver, Suzanne Parnell, Barbara Petty, Chris Petty, Elizabeth Roche, James Roche, Michael Roche, Brian Keith Ross, Laura Ross, Shana Sue Ross, Zachary Sale, Dwight Sanford, Evanita Sanford, Margaret Schick, Robert Drew Schick, Donna Selby, James Selby, Donald Shannon, Jr, Donald Shannon, Sr, Margaret Shannon, Yvonne Shannon, John Douglas Simmons, Karen Jeanee Simmons, Russell Lee Simmons, Vern Don Simmons, Earl Smith, Ronald C Smith, Sandra Smith, Bertha M Springer, Raymond Springer, Eula Fay Sweat, Floyd Calvin Sweat, Bonnie Talley, Danny Talley, Audrey Voss, Jennifer Voss, Ralph Voss, Virginia Voss, Norma Ward, Janice Waters, Kathleen Watson, Michael Watson, Charlotte Webb, Timothy Webb, Burl White, Linda White, Carmon Womack. (Sullivan, Kent) (Entered: 08/16/2013)
ORDER granting 144 the parties' Unopposed Joint Motion of McCormick Parties. Plaintiffs' opposition to defendant's Rule 12(c) motion regarding the "Plume Class" shall be filed on or before August 30, 2013, and defendant's reply brief shall be filed on or before October 4, 2013. Signed by Honorable Vicki Miles-LaGrange on 8/2/2013. (ks) (Entered: 08/02/2013)
JOINT MOTION for Extension of Time to File Response/Reply as to 142 MOTION for Judgment on the Pleadings as to Plaintiffs' "Plume Class" by All Plaintiffs. (Attachments: # 1 Exhibit A - Proposed Order)(Ommen, Todd) (Entered: 08/01/2013)
BRIEF IN SUPPORT re 142 MOTION for Judgment on the Pleadings as to Plaintiffs' "Plume Class" by Halliburton Energy Services Inc. (Attachments: # 1 Exhibit)(Buster, J) (Entered: 07/28/2013)
REPLY by Defendant Halliburton Energy Services Inc re 118 MOTION for Judgment on the Pleadings as to Plaintiffs' Claim for Property Damages Based on "Stigma" or "Threatened" Harm filed by Halliburton Energy Services Inc. (Buster, J) (Entered: 07/22/2013)
ORDER granting 139 the parties' Joint Motion for Leave to File Oversized Reply and Sur-Reply Briefs and Set Deadlines for Reply to Defendant's Motions to Exclude Expert Witnesses. The Court GRANTS plaintiffs leave to file a reply brief in support of Plaintiff's Motion for Class Certification and Appointment of Class Counsel and Brief in Support no later than August 30, 2013; the Court GRANTS defendant leave to file a sur-reply brief in opposition to Plaintiff's Motion for Class Certification and Appointment of Class Counsel no later than October 4, 2013; the Court GRANTS leave for the foregoing briefs to be oversized briefs of no more than twenty-five (25) pages. Additionally, plaintiffs' response briefs to defendant's Motion to Exclude Plaintiff's Expert Kevin J. Boyle [docket no. 126] and defendant's Motion to Exclude Plaintiff's Expert Richard Laton [docket no. 128] shall be filed on or before August 30, 2013, and defendant's reply briefs shall be filed on or before October 4, 2013. Signed by Honorable Vicki Miles-LaGrange on 7/22/2013. (njr) (Entered: 07/22/2013)
JOINT MOTION for Leave to File Oversized Reply and Sur-Reply Briefs on Class Certification and to Set Deadlines for Response and Reply Briefs on Defendant's Motions to Exclude Experts by Halliburton Energy Services Inc. (Betts, Robert) (Entered: 07/20/2013)
RESPONSE in Opposition re 118 MOTION for Judgment on the Pleadings as to Plaintiffs' Claim for Property Damages Based on "Stigma" or "Threatened" Harm by Amicus Curiae filed by Kraig Bickerstaff. (Johnston, Wes) (Entered: 07/16/2013)
ORDER granting 136 defendant Halliburton Energy Services, Inc.'s Unopposed Motion to Continue Reply Deadline and to File an Oversized Brief. Defendant Halliburton Energy Services, Inc. shall file a combined reply on or before July 22, 2013. Additionally, defendant is granted leave to file a twenty-five (25) page combined reply brief. Signed by Honorable Vicki Miles-LaGrange on 7/11/2013. (ks) (Entered: 07/11/2013)
MEMORANDUM in Opposition re 118 MOTION for Judgment on the Pleadings as to Plaintiffs' Claim for Property Damages Based on "Stigma" or "Threatened" Harm filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Declaration of Kevin J Boyle, # 2 Exhibit B - July 2011 Letter)(Ommen, Todd) (Entered: 07/03/2013)
ORDER granting the Movants' Unopposed Motion to File Amicus Curiae Brief 130 and denying as moot the Movants' Motion to Intervene for the Limited Purpose of Responding to Defendant's Pending Motion 130 . The Movants are granted leave of the Court to file an amicus curiae brief in this case in opposition to defendants' motion for judgment on the pleadings regarding the legal viability of claims for property damage based on "stigma" or "threatened" harm. The Movants shall file their brief within ten (10) days of the date of this Order. Signed by Honorable Vicki Miles-LaGrange on 7/3/2013. (ks) (Entered: 07/03/2013)
ORDER granting 121 plaintiffs' motion to join additional parties (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 7/1/2013. (ks) (Entered: 07/01/2013)
UNOPPOSED MOTION to File Amicus Brief , or in the Alternative Intervene for Limited Purpose by Kraig Bickerstaff. (Johnston, Wes) (Entered: 06/30/2013)
BRIEF IN SUPPORT re 126 MOTION to Exclude Plaintiffs' Expert Kevin J. Boyle by Halliburton Energy Services Inc. (Attachments: # 1 Exhibit Deposition of Kevin J. Boyle)(Buster, J) (Entered: 06/29/2013)
RESPONSE in Opposition re 96 MOTION to Certify Class filed by Halliburton Energy Services Inc. (Attachments: # 1 Exhibit Report of Jerry M. Dent II, # 2 Exhibit Report of Steven P. Larson, # 3 Exhibit Report of Barbara D. Beck, # 4 Exhibit Affidavit of Robert L. Betts, # 5 Exhibit Henry v. Dow Chemical Co., # 6 Exhibit Deposition of Richard Laton, # 7 Exhibit Deposition of Dwight Sanford, # 8 Exhibit Deposition of Rhona Barefoot, # 9 Exhibit Deposition of Don Ellsworth, # 10 Exhibit Deposition of Nancy Oliver)(Buster, J) (Entered: 06/28/2013)
ORDER granting 123 defendant Halliburton Energy Services, Inc.'s Amended Motion for Leave to file oversized brief. Signed by Honorable Vicki Miles-LaGrange on 6/28/2013. (ks) (Entered: 06/28/2013)
ORDER granting 117 Unopposed Motion of the Aamodt Law Firm and Its Attorneys of Record to Withdraw as Co-Counsel for Plaintiffs. Attorney Jason B Aamodt and Krystina E Phillips terminated. Signed by Honorable Vicki Miles-LaGrange on 6/17/2013. (njr) (Entered: 06/17/2013)
BRIEF IN SUPPORT re 118 MOTION for Judgment on the Pleadings as to Plaintiffs' Claim for Property Damages Based on "Stigma" or "Threatened" Harm by Halliburton Energy Services Inc. (Buster, J) (Entered: 06/14/2013)
MOTION for Judgment on the Pleadings as to Plaintiffs' Claim for Property Damages Based on "Stigma" or "Threatened" Harm by Halliburton Energy Services Inc. (Buster, J) (Entered: 06/14/2013)
ORDER granting 115 the Unopposed Motion of Riggs Abney Law Firm and Its Attorneys of Record to Withdraw as Co-Counsel for Plaintiffs and ordering that Riggs, Abney, Neal Turpen, Orbison & Lewis, Inc. and its attorneys of record Donald M. Bingham, Robert A. Nance, Melvin C. Hall, M. David Riggs, Lisa R. Riggs, and Donna Marie De Simone be withdrawn as counsel for plaintiffs and as proposed class counsel in the above-entitled cause. Signed by Honorable Vicki Miles-LaGrange on 6/12/2013. (ks) (Entered: 06/12/2013)
UNOPPOSED MOTION to Withdraw as Attorney by Riggs Abney Law Firm and Its Attorneys of Record by All Plaintiffs. (Bingham, Donald) (Entered: 06/12/2013)
ORDER granting 113 the parties' Joint Motion to Continue the Joint Status Report deadline. The Parties, in each case, shall confer and prepare an updated Joint Status Report and Discovery Plan, which shall be filed on or before Friday, August 16, 2013. Signed by Honorable Vicki Miles-LaGrange on 6/3/2013. (ks) (Entered: 06/03/2013)
ORDER granting the parties' Joint Motion to Amend Scheduling Order 111 in Case No. CIV-11-1272-M and docket no. 122 in Case No. CIV-11-1343-M. The class opposition briefing deadline in Case No. CIV-11-1272-M is extended to June 28, 2013. Further, a Status and Scheduling Conference is hereby set on Wednesday, August 21, 2013 at 10:30 a.m. The parties, in each case, shall confer and prepare an Updated Joint Status Report and Discovery Plan, which shall be filed on or before Wednesday, August 14, 2013. Signed by Honorable Vicki Miles-LaGrange on 5/21/2013. (ks) (Entered: 05/21/2013)
ORDER striking the Status and Scheduling Conference currently set for May 30, 2013 at 10:30 a.m. The Court further directs counsel for the parties in the above-referenced cases to jointly provide the Court by May 20, 2013, with proposed dates for a Status and Scheduling Conference, if necessary, at the beginning of August, 2013 (as more fully set out in the Order). Signed by Honorable Vicki Miles-LaGrange on 5/10/2013. (ks) (Entered: 05/10/2013)
ORDER granting 108 the parties' joint motion to modify the discovery plan and scheduling orders in order to mediate all cases and continuing the trial to September 2014 (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 4/30/2013. (ks) (Entered: 04/30/2013)
JOINT MOTION to Amend/Correct 84 Scheduling Order,, In Order To Mediate All Cases by Halliburton Energy Services Inc. (Betts, Robert) (Entered: 04/25/2013)
ORDER granting 103 plaintiffs' motion to supplement motion for class certification and appointment of class counsel and plaintiffs' brief in support of their motion for class certification. Plaintiffs' Motion for Class Certification and Appointment of Class Counsel and Plaintiffs' Brief in Support of Their Motion for Class Certification are hereby supplemented with the Vitae of Dr. Boyle and the "Photograph of Burn Pit," that are attached to plaintiffs' Motion to Supplement.. Signed by Honorable Vicki Miles-LaGrange on 4/9/2013. (ks) (Entered: 04/09/2013)
MOTION to Supplement Motion for Class Certification and Plaintiff's Brief in Support by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sullivan, Kent) (Entered: 04/09/2013)
ORDER granting 101 motion to withdraw as counsel and ordering that Stephen Q. Peters be withdrawn as counsel for plaintiffs in the above-entitled cause. Attorney Stephen Q Peters terminated. Signed by Honorable Vicki Miles-LaGrange on 3/15/2013. (ks) (Entered: 03/15/2013)
BRIEF IN SUPPORT re 96 MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit 1 - 1988 Letter from Buford to DOH, # 2 Exhibit 2 - 2008 E-mail re perchlorate, # 3 Exhibit 3 - Consent Order, # 4 Exhibit 4 - ERM 2012 Cleaning Operation Osage Road Site Report, # 5 Exhibit 5 - 2011 Letter from Coldiron)(Page, David) (Entered: 03/04/2013)
Attachment 1 Exhibit 1 - 1988 Letter from Buford to DOH
Attachment 2 Exhibit 2 - 2008 E-mail re perchlorate
ORDER granting 91 and 92 plaintiffs' Motions to Appear Pro Hac Vice; Todd D. Ommen and Ashley J. Hintz are admitted to practice before this Court for the limited purpose of participating in this case on behalf of plaintiffs, provided each counsel submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 3/4/2013. (ks) (Entered: 03/04/2013)
Receipt for Money Received from All Plaintiffs in the amount of $100.00, receipt number OKW500030957 regarding 91 MOTION for Leave to Appear Pro Hac Vice by Todd D. Ommen, 92 MOTION for Leave to Appear Pro Hac Vice by Ashley J. Hintz. (njr) (Entered: 03/01/2013)
ORDER granting 89 the Joint Motion of McCormick Parties for an Extension of Certain Class Action Briefing Deadlines and extending the following deadlines: 1) Plaintiffs' Motion for Class Certification and supporting class expert designations and reports to be filed by March 4, 2013; 2) Deposition of plaintiffs' class experts to be completed by April 30, 2013; 3) Defendants' opposition to class certification and supporting class expert designations and reports to be filed by May 28, 2013; 4) Depositions of defendants' class experts to be completed by June 28, 2013; 5) Class hearing (if required) on or after July 1, 2013. Signed by Honorable Vicki Miles-LaGrange on 1/29/2013. (ks) (Entered: 01/29/2013)
ORDER granting in part and denying in part 87 the parties' Joint Application for Amended Scheduling Order (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 12/3/2012. (ks) (Entered: 12/03/2012)
DISCOVERY ORDER. The instant order supplements the June 25, 2012 Discovery Order [docket no. 59] and memorializes the parties' further agreements (as more fully set out in the order). Signed by Honorable Vicki Miles-LaGrange on 10/25/2012. (njr) (Entered: 10/25/2012)
ORDER. The instant order supplements the June 22, 2012 Order [docket no. 57] and SETS additional deadlines for briefing schedule for class certification (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 10/25/2012. (njr) (Entered: 10/25/2012)
SCHEDULING ORDER: Jury Trial set on the June 2014 trial docket (6/10/2014 09:00 AM) in Courtroom 301 before Honorable Vicki Miles-LaGrange. Motions to join due 3/1/2013; Motions to amend due 3/1/2013; Pla expert witness list and expert reports due 6/28/2013; Dft expert witness list and expert reports due 9/30/2013; Pla witness list due 11/20/2013; Dft witness list due 12/1/2013; Pla exhibit list due 11/20/2013; Dft exhibit list due 12/1/2013; Discovery due by 12/20/2013. Motions due by 1/31/2014. The Court will establish pretrial filing deadlines for the initial trial and any subsequent trial(s) (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 10/25/2012. (njr) (Entered: 10/25/2012)
STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 5/30/2013 10:30 AM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 5/23/2013. (njr) (Entered: 10/23/2012)
JOINT DISCOVERY PLAN by Plaintiffs Cynthia R Allen, James L Allen, Rhona Barefoot, Jason Battles, Barbara Bowden, Lloyd Bowden, David Bussey, Shelia Bussey, James R Chaffin, Linda Chaffin, James Cofer, Mavis Cofer, Dale Coffin, Judith Coffin, Donald Gary Cook, Larry Cook, Clyde Cornwell, Jr, Sharon Cornwell, Chad Cramton, Dan Crawford, Sherry Crawford, Nikki Crook, Warren Crook, Chris Ellsworth, Donald Ellsworth, Kelly Ellsworth, Melodee Ellsworth, Gary England, Tiawanna England, Candus Farr, Christian Farr, Dale Gibbs, Keith Gibbs, Angela Giles, Justin Giles, Clay Howell, Clayton W Howell, Kristi Howell, Kristi Howell, Billy R Huddelston, William Huff, Brooke Hyde, Randy Hyde, Harold Jackson, Loretta Jackson, Misty Keene, Mary Anne Lockstone, Shawn Lockstone, Kandy Lovan, Dee Lowry, Thomas Lowry, MJ Lewis and Associates Inc, Doyle Marney, Kaci Martinez, Mitchell McCormick, Mitchell McCormick, Sonja McCormick, Sonja McCormick, Gale McCullough, Gary L McCullough, Linda McCullough, Lance Minson, Brian Morris, Anissa Morrow, David Morrow, Glen A Neal, Jachelene Neely, Lewis Neely, Christopher Nelson, Donald Nelson, Steven Craig Nelson, Larry Null, Vickie Null, Nancy Oliver, Suzanne Parnell, Barbara Petty, Chris Petty, Elizabeth Roche, James Roche, Michael Roche, Brian Keith Ross, Laura Ross, Shana Sue Ross, Zachary Sale, Dwight Sanford, Evanita Sanford, Donna Selby, James Selby, Donald Shannon, Jr, Donald Shannon, Sr, Margaret Shannon, Yvonne Shannon, John Douglas Simmons, Karen Jeanee Simmons, Russell Lee Simmons, Vern Don Simmons, Earl Smith, Ronald C Smith, Sandra Smith, Eula Fay Sweat, Floyd Calvin Sweat, Bonnie Talley, Danny Talley, Audrey Voss, Jennifer Voss, Ralph Voss, Virginia Voss, Norma Ward, Janice Waters, Kathleen Watson, Michael Watson, Burl White, Linda White, Defendants Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Exhibit A - Medical Authorization, # 2 Exhibit B - Plaintiff Fact Sheet, # 3 Exhibit C - Defendant's Proposed Authorizations)(Betts, Robert) (Entered: 10/12/2012)
Minute Entry for proceedings held before Honorable Vicki Miles-LaGrange: Status and Scheduling Conference held on 9/27/2012. The Court sets a schedule and sets cases for a follow-up status conference on Thursday, May 30th at 10:30 a.m. Counsel to prepare an agreed scheduling order for the Court's signature. (ks) (Entered: 09/28/2012)
JOINT STATUS REPORT by Plaintiffs Cynthia R Allen, James L Allen, Rhona Barefoot, Jason Battles, Barbara Bowden, Lloyd Bowden, David Bussey, Shelia Bussey, James R Chaffin, Linda Chaffin, James Cofer, Mavis Cofer, Dale Coffin, Judith Coffin, Donald Gary Cook, Larry Cook, Clyde Cornwell, Jr, Sharon Cornwell, Chad Cramton, Dan Crawford, Sherry Crawford, Nikki Crook, Warren Crook, Chris Ellsworth, Donald Ellsworth, Kelly Ellsworth, Melodee Ellsworth, Gary England, Tiawanna England, Candus Farr, Christian Farr, Dale Gibbs, Keith Gibbs, Angela Giles, Justin Giles, Clay Howell, Clayton W Howell, Kristi Howell, Kristi Howell, Billy R Huddelston, William Huff, Brooke Hyde, Randy Hyde, Harold Jackson, Loretta Jackson, Misty Keene, Mary Anne Lockstone, Shawn Lockstone, Kandy Lovan, Dee Lowry, Thomas Lowry, MJ Lewis and Associates Inc, Doyle Marney, Kaci Martinez, Mitchell McCormick, Mitchell McCormick, Sonja McCormick, Sonja McCormick, Gale McCullough, Gary L McCullough, Linda McCullough, Lance Minson, Brian Morris, Anissa Morrow, David Morrow, Glen A Neal, Jachelene Neely, Lewis Neely, Christopher Nelson, Donald Nelson, Steven Craig Nelson, Larry Null, Vickie Null, Nancy Oliver, Suzanne Parnell, Barbara Petty, Chris Petty, Elizabeth Roche, James Roche, Michael Roche, Brian Keith Ross, Laura Ross, Shana Sue Ross, Zachary Sale, Dwight Sanford, Evanita Sanford, Donna Selby, James Selby, Donald Shannon, Jr, Donald Shannon, Sr, Margaret Shannon, Yvonne Shannon, John Douglas Simmons, Karen Jeanee Simmons, Russell Lee Simmons, Vern Don Simmons, Earl Smith, Ronald C Smith, Sandra Smith, Eula Fay Sweat, Floyd Calvin Sweat, Bonnie Talley, Danny Talley, Audrey Voss, Jennifer Voss, Ralph Voss, Virginia Voss, Norma Ward, Janice Waters, Kathleen Watson, Michael Watson, Burl White, Linda White, Defendants Halliburton Company, Halliburton Energy Services Inc. (Betts, Robert) (Entered: 09/25/2012)
JOINT DISCOVERY PLAN by Plaintiffs Cynthia R Allen, James L Allen, Rhona Barefoot, Jason Battles, Barbara Bowden, Lloyd Bowden, David Bussey, Shelia Bussey, James R Chaffin, Linda Chaffin, James Cofer, Mavis Cofer, Dale Coffin, Judith Coffin, Donald Gary Cook, Larry Cook, Clyde Cornwell, Jr, Sharon Cornwell, Chad Cramton, Dan Crawford, Sherry Crawford, Nikki Crook, Warren Crook, Chris Ellsworth, Donald Ellsworth, Kelly Ellsworth, Melodee Ellsworth, Gary England, Tiawanna England, Candus Farr, Christian Farr, Dale Gibbs, Keith Gibbs, Angela Giles, Justin Giles, Clay Howell, Clayton W Howell, Kristi Howell, Kristi Howell, Billy R Huddelston, William Huff, Brooke Hyde, Randy Hyde, Harold Jackson, Loretta Jackson, Misty Keene, Mary Anne Lockstone, Shawn Lockstone, Kandy Lovan, Dee Lowry, Thomas Lowry, MJ Lewis and Associates Inc, Doyle Marney, Kaci Martinez, Mitchell McCormick, Mitchell McCormick, Sonja McCormick, Sonja McCormick, Gale McCullough, Gary L McCullough, Linda McCullough, Lance Minson, Brian Morris, Anissa Morrow, David Morrow, Glen A Neal, Jachelene Neely, Lewis Neely, Christopher Nelson, Donald Nelson, Steven Craig Nelson, Larry Null, Vickie Null, Nancy Oliver, Suzanne Parnell, Barbara Petty, Chris Petty, Elizabeth Roche, James Roche, Michael Roche, Brian Keith Ross, Laura Ross, Shana Sue Ross, Zachary Sale, Dwight Sanford, Evanita Sanford, Donna Selby, James Selby, Donald Shannon, Jr, Donald Shannon, Sr, Margaret Shannon, Yvonne Shannon, John Douglas Simmons, Karen Jeanee Simmons, Russell Lee Simmons, Vern Don Simmons, Earl Smith, Ronald C Smith, Sandra Smith, Eula Fay Sweat, Floyd Calvin Sweat, Bonnie Talley, Danny Talley, Audrey Voss, Jennifer Voss, Ralph Voss, Virginia Voss, Norma Ward, Janice Waters, Kathleen Watson, Michael Watson, Burl White, Linda White, Defendants Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Exhibit A - Defendants' Proposed Medical Authorization, # 2 Exhibit B - Plaintiff Fact Sheet, # 3 Exhibit C - Defendants' Proposed Authorizations)(Page, David) (Entered: 09/24/2012)
PROTECTIVE ORDER granting 76 the parties joint motion for an agreed protective order (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 9/17/2012. (ks) (Entered: 09/17/2012)
ORDER granting 65 Defendants' Motion for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief and finding that defendants are entitled to judgment on the pleadings as to plaintiffs' requests for medical monitoring relief for any plaintiffs other than those who claim to be presently injured (as more fully set out in the order). Signed by Honorable Vicki Miles-LaGrange on 9/10/2012. (ks) (Entered: 09/10/2012)
Reply to Response to Motion re 65 MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief filed by Halliburton Company, Halliburton Energy Services Inc. (Buster, J) Modified on 8/20/2012 to reflect the filing is a Reply and not a Response (njr). (Entered: 08/20/2012)
RESPONSE to Motion re 65 MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief filed by All Plaintiffs. (Page, David) (Entered: 08/10/2012)
ORDER granting in part and denying in part 68 plaintiffs' Opposed Motion for Extension of Time to File Brief in Response to Defendants' Motion for Judgment on the Pleadings. Plaintiffs shall file their response to defendants' Motion for Judgment on the Pleadings on or before August 10, 2012. Signed by Honorable Vicki Miles-LaGrange on 7/26/2012. (njr) (Entered: 07/26/2012)
RESPONSE to Motion re 68 MOTION for Extension of Time to File Response/Reply as to 66 Memorandum in Support, 65 MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief filed by Halliburton Company, Halliburton Energy Services Inc. (Green, Gerald) (Entered: 07/26/2012)
MINUTE ORDER. On July 24, 2012, plaintiffs filed an Opposed Motion for Extension of Time to File Brief in Response to Defendants' Motion for Judgment on the Pleadings [docket no. 68]. In light of the nature of the motion, the Court hereby SHORTENS defendants' time to file their response to plaintiffs' motion for extension of time and ORDERS defendants to file their response by noon on Thursday, July 26, 2012. Additionally, the Court finds that no reply shall be filed except with leave of Court. Signed by Honorable Vicki Miles-LaGrange on 7/24/2012. (njr) (Entered: 07/24/2012)
MOTION for Extension of Time to File Response/Reply as to 66 Memorandum in Support, 65 MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief by All Plaintiffs. (Page, David) (Entered: 07/24/2012)
MEMORANDUM in Support re 65 MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief filed by All Defendants. (Buster, J) (Entered: 07/09/2012)
MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief by Halliburton Company, Halliburton Energy Services Inc. (Buster, J) STRICKEN by Docket Annotation filed 7/9/2012. Modified on 7/9/2012 (njr). (Entered: 07/09/2012)
MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief by Halliburton Company, Halliburton Energy Services Inc. (Toledo, Carmen) STRICKEN by Docket Annotation filed 7/9/2012. Modified on 7/9/2012 (njr). (Entered: 07/06/2012)
MOTION for Judgment on the Pleadings as to Plaintiffs' Request for Medical Monitoring Relief by Halliburton Company, Halliburton Energy Services Inc. (Toledo, Carmen) STRICKEN by Docket Annotation filed 7/9/2012. Modified on 7/9/2012 (njr). (Entered: 07/06/2012)
STATUS CONFERENCE DOCKET: Scheduling Conference set for 9/27/2012 10:30 AM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 9/20/2012. (ks) (Entered: 06/26/2012)
DISCOVERY ORDER - On June 21, 2012, the Court held a status conference in the referenced cases. To allow the parties to brief certain issues, no scheduling orders are being entered in these cases at this time. The Court, however, has granted the parties leave to begin conducting discovery in these matters. The instant order memorializes the agreement regarding discovery entered into by the parties. The parties have agreed to coordinate discovery in all of the cases (as more fully set out in the order). Signed by Honorable Vicki Miles-LaGrange on 6/25/2012. (ks) (Entered: 06/25/2012)
ORDER - On June 21, 2012, the Court held a status conference in the above-referenced cases and set the following briefing schedule regarding the issue of the viability of plaintiffs' medical monitoring claims: 1) Defendants shall file their motion on or before July 16, 2012; 2) Plaintiffs shall file their responses within 21 days after the date the motion is filed; and 3) Defendants shall file their reply within 10 days after the date the response is filed. Signed by Honorable Vicki Miles-LaGrange on 6/22/2012. (ks) (Entered: 06/22/2012)
ORDER - On June 21, 2012, the Court held a status conference in this case and set a briefing schedule for class certification (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 6/22/2012. (ks) (Entered: 06/22/2012)
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Cynthia R Allen, James L Allen, Rhona Barefoot, Jason Battles, Barbara Bowden, Lloyd Bowden, David Bussey, Shelia Bussey, James R Chaffin, Linda Chaffin, James Cofer, Mavis Cofer, Dale Coffin, Judith Coffin, Donald Gary Cook, Larry Cook, Clyde Cornwell, Jr, Sharon Cornwell, Chad Cramton, Dan Crawford, Sherry Crawford, Nikki Crook, Warren Crook, Chris Ellsworth, Donald Ellsworth, Kelly Ellsworth, Melodee Ellsworth, Gary England, Tiawanna England, Candus Farr, Christian Farr, Dale Gibbs, Keith Gibbs, Angela Giles, Justin Giles, Clay Howell, Clayton W Howell, Kristi Howell, Kristi Howell, Billy R Huddelston, William Huff, Brooke Hyde, Randy Hyde, Harold Jackson, Loretta Jackson, Misty Keene, Mary Anne Lockstone, Shawn Lockstone, Kandy Lovan, Dee Lowry, Thomas Lowry, MJ Lewis and Associates Inc, Doyle Marney, Kaci Martinez, Mitchell McCormick, Mitchell McCormick, Sonja McCormick, Sonja McCormick, Gale McCullough, Gary L McCullough, Linda McCullough, Lance Minson, Brian Morris, Anissa Morrow, David Morrow, Glen A Neal, Jachelene Neely, Lewis Neely, Christopher Nelson, Donald Nelson, Steven Craig Nelson, Larry Null, Vickie Null, Nancy Oliver, Suzanne Parnell, Barbara Petty, Chris Petty, Elizabeth Roche, James Roche, Michael Roche, Brian Keith Ross, Laura Ross, Shana Sue Ross, Zachary Sale, Dwight Sanford, Evanita Sanford, Donna Selby, James Selby, Donald Shannon, Jr, Donald Shannon, Sr, Margaret Shannon, Yvonne Shannon, John Douglas Simmons, Karen Jeanee Simmons, Russell Lee Simmons, Vern Don Simmons, Earl Smith, Ronald C Smith, Sandra Smith, Eula Fay Sweat, Floyd Calvin Sweat, Bonnie Talley, Danny Talley, Audrey Voss, Jennifer Voss, Ralph Voss, Virginia Voss, Norma Ward, Janice Waters, Kathleen Watson, Michael Watson, Burl White, Linda White, Defendants Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Attachment Propose Scheduling Order)(Page, David) (Entered: 06/18/2012)
ORDER granting 53 defendant Halliburton Energy Services, Inc.'s Unopposed Motion to Extend Deadline to File Joint Status Reports, filed in McCormick, et al. v. Halliburton Co., et al., CIV-11-1272-M. The parties, in each case, shall file their Joint Status Reports and Discovery Plans on or before June 18, 2012. Signed by Honorable Vicki Miles-LaGrange on 6/15/2012. (ks) (Entered: 06/15/2012)
ORDER denying 45 plaintiffs' motion for reconsideration of the Court's April 3, 2012 order recognizing primary jurisdiction of ODEQ (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 6/14/2012. (ks) (Entered: 06/14/2012)
ORDER granting 49 plaintiffs' unopposed motion requesting change of date for the status and scheduling conference, filed in McCormick, et al. v. Halliburton Co., et al., CIV-11-1272-M. The Status and Scheduling Conference set in the above-referenced cases is hereby continued to Thursday, June 21, 2012 at 10:30 a.m. The parties, in each case, shall confer and prepare a Joint Status Report and Discovery Plan, which shall be filed on or before Thursday, June 14, 2012. Signed by Honorable Vicki Miles-LaGrange on 5/10/2012. (ks) (Entered: 05/10/2012)
STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 5/21/2012 10:30 AM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 5/14/2012. (ks) (Entered: 04/27/2012)
MOTION for Reconsideration re 43 Order on Motion to Dismiss by All Plaintiffs. (Attachments: # 1 Exhibit 2-17-12 letter from DEQ)(Hall, Melvin) (Entered: 04/13/2012)
ORDER granting 39 the parties' Agreed Motion to Defer Rule 16 and Rule 26(a)(1) Deadlines. Compliance with Federal Rules of Civil Procedure 16 and 26(a)(1) are deferred, pending the Court's ruling on defendants' Motion to Dismiss Plaintiff's RCRA Claim and the entry of an agreed proposed scheduling order by the parties. Signed by Honorable Vicki Miles-LaGrange on 2/23/2012. (ks) (Entered: 02/23/2012)
REPLY to Response to Motion re 19 MOTION to Dismiss Defendants Halliburton Company and Halliburton Energy Services, Inc.'s Motion to Dismiss Plaintiffs' RCRA Claim filed by Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Affidavit Declaration of B. Hurley, # 2 Exhibit 1A- Work Plan, # 3 Exhibit 1B- Work Plan, # 4 Exhibit 2- IRM, # 5 Exhibit 3- RCRA CAP, # 6 Exhibit 4- 1992 Letter, # 7 Exhibit 5- Proof of Publication, # 8 Exhibit 6- Work Plan Comments, # 9 Exhibit 7- Work Plan Comments, # 10 Exhibit 8- Closure Letter)(Hurley, Robert) (Entered: 01/18/2012)
ORDER granting 31 plaintiffs' Application for Leave to Exceed Page Limitations in Response to Defendant's Motion to Dismiss. Plaintiffs are granted leave to file a response to defendant's motion to dismiss, not to exceed 27 pages in length, exclusive of title page, index, exhibits and attachments thereto. Signed by Honorable Vicki Miles-LaGrange on 1/3/2012. (ks) (Entered: 01/03/2012)
Response to Motion re 19 MOTION to Dismiss Defendants Halliburton Company and Halliburton Energy Services, Inc.'s Motion to Dismiss Plaintiffs' RCRA Claim filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 11, # 11 Exhibit 12)(Page, David) Modified on 1/4/2012 to reflect that the filing is a Response and not a Reply. (njr). (Entered: 12/30/2011)
ORDER granting 28 Motion to Appear Pro Hac Vice. Robert E. Meadows is admitted to practice before this Court for the limited purpose of participating in this case on behalf of defendants, provided counsel submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 12/28/2011. (njr) (Entered: 12/28/2011)
Receipt for Money Received from Halliburton Company, Halliburton Energy Services Inc in the amount of $50.00, receipt number OKW500021590 regarding 28 MOTION for Leave to Appear Pro Hac Vice Motion of Defendants Halliburton Company and Halliburton Energy Services, Inc. for Admission Pro Hac Vice of Robert E. Meadows. (njr) (Entered: 12/22/2011)
MOTION for Leave to Appear Pro Hac Vice Motion of Defendants Halliburton Company and Halliburton Energy Services, Inc. for Admission Pro Hac Vice of Robert E. Meadows by Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Exhibit 1)(Betts, Robert) (Entered: 12/20/2011)
ORDER granting 26 plaintiffs' agreed motion to extend deadlines. Plaintiffs' response to 19 defendants' motion to dismiss shall be filed on or before December 30, 2011 and defendants' reply to plaintiffs' response shall be filed on or before January 18, 2012. Signed by Honorable Vicki Miles-LaGrange on 12/20/2011. (ks) (Entered: 12/20/2011)
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Defendants Halliburton Company and Halliburton Energy Services, Inc.'s Motion to Dismiss Plaintiffs' RCRA Claim by All Plaintiffs. (Attachments: # 1 Exhibit Email from Tabor to Aamodt)(Hollarn, Krystina) (Entered: 12/19/2011)
MOTION to Add Party Entry of Appearance by Halliburton Company, Halliburton Energy Services Inc. (Hurley, Robert) STRICKEN by Docket Annotation filed 12/8/2011. Modified on 12/8/2011 (njr). (Entered: 12/07/2011)
ORDER granting 20 Motion to Appear Pro Hac Vice requesting admission of Carmen R. Toledo and J. Kevin Buster pro hace vice, provided counsel each submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 12/6/2011. (ks) (Entered: 12/06/2011)
Receipt for Money Received from Halliburton Company, Halliburton Energy Services Inc in the amount of $100.00, receipt number OKW500021164 regarding 20 MOTION for Leave to Appear Pro Hac Vice Motion of Defendants Halliburton Company and Halliburton Energy Services, Inc. for Admission Pro Hac Vice of Carmen R. Toledo and J. Kevin Buster. (njr) (Entered: 12/01/2011)
MOTION for Leave to Appear Pro Hac Vice Motion of Defendants Halliburton Company and Halliburton Energy Services, Inc. for Admission Pro Hac Vice of Carmen R. Toledo and J. Kevin Buster by Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Betts, Robert) (Entered: 11/30/2011)
ORDER granting 15 defendants' motion for admission pro hac vice provided he submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 11/22/2011. (ks) (Entered: 11/22/2011)
Receipt for Money Received from Halliburton Company, Halliburton Energy Services Inc in the amount of $50.00, receipt number OKW500021002 regarding 15 MOTION for Leave to Appear Pro Hac Vice Motion of Defendants Halliburton Company and Halliburton Energy Services, Inc. for Admission Pro Hac Vice of Bruce Hurley. (njr) (Entered: 11/22/2011)
MOTION for Leave to Appear Pro Hac Vice Motion of Defendants Halliburton Company and Halliburton Energy Services, Inc. for Admission Pro Hac Vice of Bruce Hurley by Halliburton Company, Halliburton Energy Services Inc. (Attachments: # 1 Exhibit 1)(Betts, Robert) (Entered: 11/18/2011)
SUMMONS Returned Executed by Audrey Voss, Kristi Howell, Earl Smith, Elizabeth Roche, Kristi Howell(on behalf of minor child FH), Sonja McCormick(on behalf of minor child MM), Barbara Petty, Mitchell McCormick, Keith Gibbs, Ralph Voss, Zachary Sale, Calvin Sweat, Rhona Barefoot, Fay Sweat, Clay Howell(on behalf of minor child FH), Sharon Cornwell, Jennifer Voss, Misty Keene, Evanita Sanford, Dale Gibbs, Billy R Huddelston, Nancy Oliver, Virginia Voss, Clay Howell, Donald Shannon, Jr, Sonja McCormick, MJ Lewis and Associates Inc, Dwight Sanford, Donald Shannon, Sr, Clyde Cornwell, Jr, Chris Petty, Kandy Lovan, Laura Ross, James Roche, Margaret Shannon, Mitchell McCormick(on behalf of minor child MM). All Defendants. (Page, David) (Entered: 11/14/2011)
ORDER granting 19 Halliburton's Motion to Dismiss plaintiffs' RCRA Claim and dismissing plaintiffs' RCRA Claim (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 4/3/2012. (ks)
ENTRY of Appearance by Melvin C Hall on behalf of Rhona Barefoot, Clyde Cornwell, Jr, Sharon Cornwell, Dale Gibbs, Keith Gibbs, Clay Howell(on behalf of minor child FH), Clay Howell, Kristi Howell, Kristi Howell(on behalf of minor child FH), Billy R Huddelston, Misty Keene, Kandy Lovan, MJ Lewis and Associates Inc, Mitchell McCormick, Mitchell McCormick(on behalf of minor child MM), Sonja McCormick(on behalf of minor child MM), Sonja McCormick, Nancy Oliver, Barbara Petty, Chris Petty, Elizabeth Roche, James Roche, Laura Ross, Zachary Sale, Dwight Sanford, Evanita Sanford, Donald Shannon, Jr, Donald Shannon, Sr, Margaret Shannon, Earl Smith, Calvin Sweat, Fay Sweat, Audrey Voss, Jennifer Voss, Ralph Voss, Virginia Voss (Hall, Melvin)
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