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03-049 - Adams, et al v. USA


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03-049 - Adams, et al v. USA
November 14, 2006
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MEMORANDUM DECISION AND ORDER denying 173 Motion to Dismiss; granting in part and denying in part 188 Motion regarding adjudication of discovery disputes. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
August 1, 2007
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ORDER denying 210 Motion to Clarify; denying 216 Motion to Compel; denying 221 Motion for Trial Setting; denying 222 Motion for Interim CMO; denying 224 Motion for Discovery; denying 239 Motion to Bifurcate, 227 DuPont's objection to Report. Counsel are directed to dither file a stipulated Proposed CMO with the Court, or to contact the Court's Law Clerk David Metcalf to schedule a a conference with the Judge to resolve any differences. The Court shall withdraw the reference to the Special Master. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
September 11, 2007
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SECOND CASE MANAGEMENT ORDER Bellweather Trial set for 10/27/2008 01:30 PM in Pocatello, ID before Judge B. Lynn Winmill. Hearing on all motions set for 9/12/08 at 9:00 AM in Pocatello. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
October 29, 2007
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MEMORANDUM DECISION AND ORDER The Court held a conference with all counsel on 10/26/07. At the conclusion of that conference, the Court took a number of issues under advisement. The Court will set up bi-weekly hearings to resolve any issues. The first such hearing is set for next week on November 1, 2007, at 3:00 p.m. in the Federal Courthouse in Boise Idaho. Counsel shall be in person unless it is burdensome and then they can appear by telephone. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
January 10, 2008
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MEMORANDUM DECISION AND ORDER the documents labeled J. Clinger 018903-018906" shall be returned by DuPont and any other party to the plaintiffs.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
January 16, 2008
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MEMORANDUM DECISION AND ORDER DuPont shall answer plaintiffs discovery requests contained in: Interrogatories 11, 15, 18, and 19 and Requests for Production 22 and 103 (with the narrowing agreed to by plaintiffs to eliminate any prior claims of personal injury or incidents where Oust was alleged to have been ineffective on the intended target). DuPont shall conduct a second sweep fordocuments in response to plaintiffs 114 specific requests for production, and not limit that sweep to documents prior to July of 2003. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, )
February 6, 2008
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MEMORANDUM DECISION AND ORDER Denying 364 MOTION in Limine to Limit Plaintiffs' Evidence of Damages to Those Claims Over Which the Court Has Subject Matter Jurisdiction filed by USA. Plaintiff's request to add the Funk 2000 potato crop losses to the Bellwether Trial is denied, Plaintiff's request to expedite DuPont's document production is denied. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, )
February 25, 2008
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MEMORANDUM DECISION AND ORDER Denying 395 MOTION for Reconsideration of February 6, 2008 Order filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, )
March 21, 2008
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MEMORANDUM DECISION AND ORDER Granting in part and Reserving in part 340 MOTION to Amend filed by Timm Adams, Barbara Adams. DuPonts request for a three-month extension of deadlines is DENIED. It is further ordered, that plaintiffs provide defendants with a description identifying the location of the quarter section for each loss field for the Bellwether plaintiffs on or before April 11, 2008. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, )
May 13, 2008
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MEMORANDUM DECISION AND ORDER plaintiffs shall produce the federal tax information requested by DuPont in its letter dated 4/23/08, for the following entities: Leland and Illa Clinger, Dallas Clinger, Diane Funk/Estate of Diane Funk; Gary and Colleen Hansen; John and Patricia Hansen; Doug and Annette Hansen; Richard and Jody Hansen; Ridge Ranch, Inc., Rodney and Shirley Jentzsch; Joseph and Melynda Kearl; Darrel James and Clara Lynn Baker; Darrel James Baker; The Estate of Clara Lynn Baker, and Warren and Sarah Crane; Jerome &Tina Clinger; Lance&Lisa Funk; Lance and Diane Funk Partnership;Hansen Farms Joint Venture; and Jentzsch-Kearl Farms. The following persons and entities have no claims in this case: Jared Clinger; Loraine Clinger-McHargue; L. Douglas Clinger, Hapy Grain Co., Mart Produce; BJK Farms; BakerFarms; Crane Farms; Loraine Coats-Baker; and J&C Baker FamilyPartnership.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 15, 2008
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MEMORANDUM DECISION AND ORDER, Motion 448 to extend time is DENIED, Plas shall file proposed amended complaint on or before May 16, 2008, Hearing on plas motion to amend to add a claim of fraud will be held 6/3/08 at 1:30 by telephone. Telephonic Discovery Hearing set for 5/20/2008 09:00 AM in Boise Chambers before Judge B. Lynn Winmill, Motion 414 to clarify is GRANTED, Motion 428 to clarify is GRANTED IN PART AND DENIED IN PART AND RESERVED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm)
May 21, 2008
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MEMORANDUM DECISION AND ORDER Granting in part and Denied in part 473 Expedited MOTION to Stay filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 6, 2008
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 340 Motion to Amend to Add a Fraud Claim. It is granted to the extent it seeks to add paragraphs 171 to 178 contained in the 471 Supplement to Plaintiffs Motion to Amend. It is denied in all other respects. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
July 3, 2008
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MEMORANDUM DECISION AND ORDER. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 3, 2008
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MEMORANDUM DECISION AND ORDER Denying 551 MOTION for Protective Order filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 3, 2008
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MEMORANDUM DECISION AND ORDER Defendants' request to bar non-bellwether plaintiffs from testifying concerning the damage to their own and others crops at the bellwether trial is DENIED. Defendants shall be allowed to conduct discovery of the six non-bellwether plaintiffs who will testify at the bellwether trial. counsel shall meet together and, if they can, agree to a new pre-trial schedule and trial date to accommodate this new discovery. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 4, 2008
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 575 MOTION for Reconsideration re 566 Memorandum Decision and Order, 576 MOTION to Exclude (Bar) Plaintiff's Second Expansion of Scope of Bellwether Trial, and 574 MOTION for Protective Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
September 8, 2008
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MEMORANDUM DECISION AND ORDER denying 633 Motion to exclude, granting in part and denying in part 621 Motion to limit use. Plaintiffs shall provide the proffers to defendants immediately. The deadline for defendants to file motions in limine concerning the proffers is moved to 9/19/08.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm).
October 3, 2008
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MEMORANDUM DECISION AND ORDER Denying 569 SEALED MOTION filed by E.I. Du Pont de Nemours and Company, Inc.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
November 21, 2008
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 660 DuPont's Omnibus Motion in Limine to Exclude Non-Bellwether Plantiffs' Proffered Testimony for the Bellwether Trial filed by E.I. Du Pont de Nemours and Company, Inc, Granting in part and Denying in part 658 MOTION in Limine re: Non-Bellwether Plaintiff Testimony filed by USA. ( Dispositive Motions deadline 2/9/2009., Hearing on dispositive motions, Daubert Challenges, and punitive damage issues set for 3/17/2009 09:00 AM in Boise, ID before Judge B. Lynn Winmill, Jury Trial reset for 5/4/2009 01:30 PM in Boise, ID before Judge B. Lynn Winmill, Pretrial Hearing set for 4/13/2009 09:00 AM in Boise, ID before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
December 11, 2008
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MEMORANDUM DECISION AND ORDER The Government shall file an additional response, on or before 12/15/08, summarizing the basis for their concerns about Henry Jacoby under ยง 270(1). Plaintiffs shall file any response brief on or before 12/15/08. DuPont shall file any final reply brief on or before 12/17/08. The Court will determine if oral argument is necessary. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
December 31, 2008
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MEMORANDUM DECISION AND ORDER conditionally granting 708 Motion for Protective Order; denying 712 MOTION to Strike. Expert Henry Jacoby and James Aidala are authorized to serve in this case as an expert witness for DuPont, and testify under oath in that capacity. Counsel for DuPont must notify counsel for the United States and for the Plaintiff by 5:00 p.m. on 1/2/2009 as to its election among the options set forth in this decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
March 6, 2009
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 534 MOTION to Dismiss Motion for Partial Dismissal of Plaintiffs' Third Amended Complaint and Integrated Brief in Support filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
March 27, 2009
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MEMORANDUM DECISION AND ORDER Denying 401 Joint SEALED MOTION filed by USA;Granting 478 MOTION to Dismiss Claims of Certain Plaintiffs Pursuant to Docket No. 475 filed by Jentzsch-Kearl Farms, Gary Hansen, Clingers, Inc., Lance Funk, Jerome Clinger; The motion to compel production ofdocuments pursuant to Rule 37(b)(2) is GRANTED, as the DuPont material soughtby plaintiffs is not protected by the attorney client privilege; Granting 632 MOTION to Compel the Deposition of Bellwether Plaintiff Richard Hansen filed by USA,. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
April 1, 2009
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MEMORANDUM DECISION AND ORDER DuPont's motion for summary judgment on preemption and government action 740 is DENIED. DuPont's omnibus motion for summary judgment on tort claims 743 is DENIED. BLM's motion to dismiss certain loss fields and Funk claims 745 is GRANTED IN PART AND DENIEDIN PART. DuPont's motion for summary judgment on misrepresentation 754 is DENIED. BLM's motion for exclusion of certain damage claims under Rule 37(c) is GRANTED IN PART AND DENIED PART. BLM's motion to dismiss for lack ofsubject matter jurisdiction 760 is DENIED. Plaintiffs' motion to amend to addpunitive damages 772 is DENIED. BLM's motion to dismiss prejudgmentinterest claims 777 is DENIED. DuPont's motion in limine to excludeevidence relating to prejudgment interest 794 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) (Modified on 5/26/2009 to indicate that the motion dkt 777 is granted as per the order dkt #1129) (jm).
April 3, 2009
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MEMORANDUM DECISION AND ORDER Denying 737 MOTION to Exclude Plaintiffs' Experts Huffaker and Agri-Analytics, Inc. filed by E.I. Du Pont de Nemours and Company, Inc., Denying 748 MOTION to Exclude Testimony of Dr. Walter Shields filed by E.I. Du Pont de Nemours and Company, Inc,. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
April 9, 2009
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 751 MOTION to Exclude filed by E.I. Du Pont de Nemours and Company, Inc.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
April 9, 2009
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MEMORANDUM DECISION AND ORDER Denying 762 MOTION to Strike Portions of the Rebuttal Reports of Dr. Stephen Cullen, the BLM is authorized to file a sur-reply expert report to the reports of Dr. Cullen on or before 4/20/09, Granting 788 MOTION to file a Corrected Exhibit G. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
April 9, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Strike Rebuttal Reports of Dr. Walter J. Shields- Denying 761 MOTION to Strike Rebuttal Reports of Dr. Walter J. Shields filed by USA. Signed by Judge B. Lynn Winmill. (jm)
April 16, 2009
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MEMORANDUM DECISION AND ORDER denying 749 Motion to Exclude Report and Testimony of Yost. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 16, 2009
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MEMORANDUM DECISION AND ORDER granting 793 Motion to Exclude Testimony of Richard P. Keigwin Jr.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 19, 2009
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 746 Motion to Exclude Evidence Reciting or Relying on the Opinions of Drs. Hutchinson and Morishita. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 20, 2009
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 738 Motion to Exclude Portions of Proposed Testimony of Plaintiffs' Experts Benbrook and Sielaty.Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 20, 2009
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 751 Motion to Exclude. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 22, 2009
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MEMORANDUM DECISION AND ORDER denying 763 Motion to Exclude Portions of the Testimony of Celestine Duncan; granting in part and reserving in part 771 Motion to Exclude. It is granted to the extent it seeks to exclude the testimony of Duncan that (1) the 24(c) application process followed the requirements of the EPA and the ISDA, and (2) the ISDA was justified in approving the 24(c) label. It is reserved in all other respects. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 23, 2009
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MEMORANDUM DECISION AND ORDER denying 764 Motion to Exclude portions of the testimony of Dr. Russell J. Qualls. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 23, 2009
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 642 Motion for Reconsideration re 360 Memorandum Decision and Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
April 27, 2009
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MEMORANDUM DECISION ORDER Regarding 770 MOTION to Exclude Testimony of Dr. John Gallian. The motion to strike the testimony of Dr. Gallian 770 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
April 27, 2009
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MEMORANDUM DECISION AND ORDER Granting in part, Denying in part and Reserved in Part 747 MOTION to Exclude Shane Needham filed by USA.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 3, 2009
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MEMORANDUM DECISION AND ORDER re Dupont's Omnibus Motion in Limine (Motions 1 through 10). The Omnibus Motion in Limine 941 is GRANTED IN PART, DENIED IN PART, AND RESERVED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 4, 2009
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MEMORANDUM DECISION ON PRECLUSION. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 4, 2009
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MEMORANDUM DECISION and Issue re Plaintiffs' Motions in Limine- Granting 922 MOTION in Limine regarding Counsel's June 2002 Correspondence About Soil Samples filed by Timm Adams, Barbara Adams, Denying 924 MOTION in Limine to Limit the Scope of Insurance Claims Evidence filed by Timm Adams, Barbara Adams, Denying 923 MOTION in Limine to Exclude Plaintiffs' Unverified Questionnaire Responses filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 5, 2009
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MEMORANDUM DECISION AND ORDER- Denying 932 MOTION in Limine to Exclude Evidence of Settlement with the Applicator Defendants filed by Timm Adams, Barbara Adams, Denying 925 MOTION in Limine to Exclude Federal Tort Claims filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 5, 2009
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MEMORANDUM DECISION AND ORDER re BLM's Motion in Limine- Granting 909 MOTION in Limine to Exclude filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 6, 2009
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MEMORANDUM DECISION AND ORDER re BLM Motion to Exclude Subsequent Remedial Measures- Granting 929 MOTION to Exclude Subsequent Remedial Measures Under Federal Rule of Evidence 407 filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 6, 2009
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MEMORANDUM DECISION AND ORDER re Dupont Motion to Exclude Economic and Financial Testimony from Non-Bellwether Plaintiffs. The motion to exclude(docket no. 941, part 26) is GRANTED to the extent it seeks to exclude alltestimony of non-bellwethers relating in any way to their economic or financiallosses or hardships. re 941. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 7, 2009
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MEMORANDUM DECISION AND ORDER Denying (941,part 17) Motion to Exclude Dr. Zanetti, Granting 926 MOTION to exclude potential alternative causes filed by Timm Adams, Barbara Adams, Granting 911 MOTION to exclude testimony regarding 54 BLM application sites filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 8, 2009
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MEMORANDUM DECISION AND ORDER regarding 941 MOTION in Limine to Exclude Testimony of Dr. Benbrook on Dupont Corporate Intent filed by E.I. Du Pont de Nemours and Company, Inc. The motion in limine re Dr. Benbrook (docket no. 941 - part 23) is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 8, 2009
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MEMORANDUM DECISION AND ORDER regarding Motion to Strike Testimony of Kurt Harman- Denying 1063 MOTION to Strike Testimony from Kurt Harman filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 13, 2009
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AMENDED MEMORANDUM DECISION AND ORDER regarding BLM's Motion in Limine re 1054. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm).
May 17, 2009
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MEMORANDUM DECISION AND ORDER 941 The motion to exclude (dkt 941- part 15) is Reserved. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 20, 2009
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MEMORANDUM DECISION AND ORDER Regarding Exhibit 32776 and the Re-Registration Eligibility Determination re: 1046 Memorandum Decision and Order. The exclusion of the RED (ordered in a portion of the Memorandum Decision found at docket no. 1046) is REVERSED, for the reasons set forth within this Memorandum Decision and Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 20, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion in Limine to Exclude Evidence of Settlement with Applicators During Testimony of Gardisser. Granting 1112 MOTION in Limine to Exclude Evidence of Plaintiffs' Settlement with the Applicators During the Testimony of Dr. Dennis Gardisser filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 22, 2009
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MEMORANDUM DECISION AND ORDER Denying DuPont's Consolidated 783 MOTION to Exclude Plaintiffs' Crop Experts filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 26, 2009
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MEMORANDUM DECISION AND ORDER Denying without prejudice 1028 MOTION for Sanctions. Denying in part and Granting in part 910 MOTION in Limine to Exclude Certain Documents. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 29, 2009
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ORDER denying 750 Motion to Exclude Mr. Hofman and Dr. Goodwin; granting in part and denying in part 1124 Motion to Exclude evidence of prejudgment interest. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 3, 2009
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 1140 Motion in Limine; granting in part and denying in part 1144 Sealed Motion to bar Jentzsch testimony. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
June 5, 2009
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MEMORANDUM DECISION AND ORDER regarding Exclusion of Schedule F Tax Returns of Plaintiffs. The objection of plaintiffs to the admission into evidence of plaintiffs' Schedule F tax returns is SUSTAINED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 5, 2009
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MEMORANDUM DECISION AND ORDER on the United States' Motion in Limine to Exclude Interrogatory Answers&Documents. Denying 910 MOTION in Limine filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 15, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Video Depositions of Dr. Barefoot and Mary McDonnell. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 16, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Deposition of Dr. Arne. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) (Additional attachment(s) added on 6/17/2009: # (1) Attachment) (jm).
June 16, 2009
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MEMORANDUM DECISION AND ORDER regarding Dr. Haderlie. The motion to exclude Plaintiffs' crop experts 783 is DENIED as to Dr. Haderlie. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 16, 2009
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MEMORANDUM DECISION AND ORDER Granting 1186 MOTION in Limine to Bar Testimony from Plaintiffs' Experts Concerning Damages or Losses to Non-Bellwether Plaintiffs' Fields filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 18, 2009
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MEMORANDUM DECISION AND ORDER Regarding Dr. Miller. The Motion to Exclude Plaintiffs' crop experts 783 as to Dr. Miller is Denied. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 18, 2009
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MEMORANDUM DECISION AND ORDER Regarding Dr. Miller. Granting 1188 MOTION in Limine to Bar Dr. Terry Miller's Testimony Regarding Crops and Years Outside the Scope of His Disclosed Opinion filed by E.I. Du Pont de Nemours and Company, Inc.; Granting 758 MOTION to Strike Plaintiffs' Improper "Rebuttal" Expert Reports filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 19, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Deposotion of Pfleeger 1203. Signed by Judge B. Lynn Winmill. (Attachments: # (1) attachment to Memorandum Decision and Order)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 19, 2009
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MEMORANDUM DECISION AND ORDER Regarding Attorney Client Privilege. The Motion to Compel Plaintiffs to Comply with March 27, 2009 Order Regarding Waiver of Attorney-Client Privilege 894 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 22, 2009
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MEMORANDUM DECISION AND ORDER regarding Objections to Video Deposition Excerpts of Dr. Brown re: 1215, 1206. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 24, 2009
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MEMORANDUM DECISION AND ORDER regarding Dupont's Motion to Compel Plaintiff to take Position on Claim for Damages Occurring after Commencement of Action. Granting 1189 MOTION to Compel filed by E.I. Du Pont de Nemours and Company, Inc. Plaintiffs are to file with the Court within 2 days from the date of this decision a statement explaining whether plaintiffs are seeking claims for lack of cooperation and/or damages after June of 2002. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 25, 2009
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MEMORANDUM DECISION AND ORDER on Motion to Amend Complaint. Denying 1220 MOTION to Amend 499 Amended Complaint Complaint to Conform to the Evidence and to Allege Punitive Damages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 25, 2009
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tronic Filing (NEF) by jm)MEMORANDUM DECISION AND ORDER regarding 13 Documents Offered by Plaintiffs into Evidence without a Supporting Witness. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Elec
June 28, 2009
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MEMORANDUM DECISION AND ORDER Regarding 13 Documents Offered by Plaintiffs into Evidence without a Sponsoring Witness, re: 1234. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 30, 2009
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MEMORANDUM DECISION AND ORDER Granting DuPont's 1107 MOTION to Compel Plaintiffs to Produce Plaintiffs' Settlement Agreements with the Applicators filed by E.I. Du Pont de Nemours and Company, Inc.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 30, 2009
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MEMORANDUM DECISION AND ORDER Regarding 10 Documents Offered by Plaintiffs into Evidence without a Sponsoring Witness (Second set of Documents). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
June 30, 2009
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MEMORANDUM DECISION AND ORDER Reserving Ruling on Defendants' Rule 50/52 Motions. The Court's ruling on Docket Nos. 1239, 1246, 1248, 1251, 1255 and 1257 is Reserved, except for the motions relating to the Plaintiff's fraud claims, which will be heard on the following schedule: Plaintiff's will file their response brief on 7/6/09 at 5:00 pm, no reply brief will be permitted and the Court will set aside 30 minutes for oral argument on 7/7/09 at 2:30 pm. The balance of the Defendants' Rule 50/52 motions will be resolved without further oral argument at the conclusion of the trial.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 1, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Kim Johnson. Granting 1260 MOTION to Exclude Johnson. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 6, 2009
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MEMORANDUM DECISION AND ORDER denying 1094 Motion to Strike Misleading Testimony of Dr. Charles Benbrook; denying 1142 Motion to Strike Misleading Testimony of Cornelius Hofman. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
July 6, 2009
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MEMORANDUM DECISION AND ORDER conditionally granting 917 Motion in Limine Giving Notice of Intent to Request Judicial Notice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
July 7, 2009
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MEMORANDUM DECISION AND ORDER Overruling in Part and Sustaining in Part 1249 Objection. It is sustained to the extent it seeks to exclude the use of the video deposition of Donald Stubbs to present his direct testimony to the jury. It is overruled in all other respects. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
July 9, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Depositions of Martha Hahn. Signed by Judge B. Lynn Winmill. (Attachments: # (1) Attachment)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
July 14, 2009
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MEMORANDUM DECISION AND ORDER Regarding Rule 50(a) as to Fraud- Granting in part and Reserving in part 1248 MOTION for Judgment as a Matter of Law Under Rule 50(A) for Post-Application-Based Causes of Action filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 15, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Robert E. Thornton. Granting in part, Reserving in part, and Denying in part the 771 MOTION to Exclude the testimony of certain experts. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 15, 2009
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MEMORANDUM DECISION AND ORDER on the United States' Motion in Limine to Exclude Evidence of Soil Conditions on BLM Land Not Treated with Oust. Denying without prejudice 913 MOTION in Limine to Exclude Evidence of Soil Conditions on BLM Land Not Treated with Oust filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 15, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Deposition of James Baker. Signed by Judge B. Lynn Winmill. (Attachments: # (1) Attachment to Memorandum Decision and Order)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 15, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Deposition of Donald Stubbs. Signed by Judge B. Lynn Winmill. (Attachments: # (1) Attachment to Memorandum Decision and Order)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 15, 2009
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MEMORANDUM DECISION AND ORDER Granting 1315 MOTION in Limine to Exclude Testimony of Ed Bryce and Related Exhibits filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 16, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. R. Thomas Schotzko. Granting in part, Reserving in part and Denying in part, the 771 MOTION to Exclude. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 17, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Robert K. Thornton re: 771 Plaintiffs' Consolidated Motion to Exclude the Testimony of Certain Experts Under Daubert and Rule 702 filed by Jentzsch-Kearl Farms, Gary Hansen, Clingers, Inc., Lance Funk, Jerome Clinger. The motion to exclude the testimony of certain experts 771 is Denied in part and Reserved in part. As to Dr. Robert K. Thornton, the motion is denied. As to other experts challenged in the motion that have not yet been resolved, the motion is reserved. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 20, 2009
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MEMORANDUM DECISION AND ORDER Regarding Objections to Deposition of Thomas Steele re: 1310 filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 20, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Robert G. Wilson. Denying in part and Reserving in part 771 MOTION to Exclude Plaintiffs' Consolidated Motion to Exclude the Testimony of Certain Experts Under Daubert and Rule 702 filed by Jentzsch-Kearl Farms, Gary Hansen, Clingers, Inc, Lance Funk, Jerome Clinger. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 20, 2009
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MEMORANDUM DECISION AND ORDER Re: Dupont's Motion for Leave to Recall Jack Cain for Testimony and Admission of New EPA-Approved Oust Label. Granting 1335 MOTION in Limine for Leave to Recall Jack Cain for Testimony and Admission of New EPA-Approved Oust Label filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 21, 2009
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MEMORANDUM DECISION AND ORDER Re: Dupont's Second Motion to Compel Plaintiffs to Produce Documents Relating to Plaintiffs' Settlement Agreements with the Applicators. Denying 1314 Second MOTION to Compel Plaintiffs to Produce Documents Relating to Plaintiffs' Settlement Agreements with the Applicators filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 24, 2009
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MEMORANDUM DECISION AND ORDER Re: Dupont's Motion for Admission of Certain Documents Provided to ISDA and Plaintiffs' Experts Granting 1319 MOTION in Limine for Admission of Certain Documents Provided to ISDA and Plaintiffs' Experts filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 28, 2009
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MEMORANDUM DECISION AND ORDER Re: Dupont's Objection to the Testimony of "Percipient Witness" Richard Keigwin, Jr. DuPont's Objection to the Testimony of Percipient Witness Richard Keigwin, Jr. 1380 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
July 28, 2009
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MEMORANDUM DECISION AND ORDER Regarding (1) Motion to Enter Judgment Re Assumed Duty Claim and (2) Proposed Jury Instruction on Fraud. Denying in part 1248 MOTION for Judgment as a Matter of Law Under Rule 50(A) for Post-Application-Based Causes of Action filed by E.I. Du Pont de Nemours and Company, Inc; Denying 1344 Proposed Jury Instructions filed by E.I. Du Pont de Nemours and Company, Inc, which the Court will construe as a motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 1, 2009
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MEMORANDUM DECISION AND ORDER Regarding BLM's Motion to Strike Testimony of Plaintiffs' Experts Hofman, Shields, Miller&Haderlie and BLM's Rule 52(C) Motion as to Damages. Denying 1255 MOTION for Judgment under Rule 52(c) as to Damages filed by USA, Denying 1252 MOTION to Strike Testimony of Plaintiffs' Experts, filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 1, 2009
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 1379 MOTION to Admit Montana State University Analytical Laboratory Records Under Fed. R. Evid. 803(6) filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 2, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Carol Mallory-Smith. Granting in part, Denying in part, and Reserving in part 771 MOTION to Exclude the Testimony of Certain Experts. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 5, 2009
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MEMORANDUM DECISION AND ORDER Re: Dupont's Motion to Bar Dr. Weber and Plaintiffs' Motion in Limine Re: Dr. Weber. Granting 1416 MOTION in Limine DuPont's Motion to Bar Defendant United States From Introducing Deposition of DuPont Expert Dr. Jerome Weber filed by E.I. Du Pont de Nemours and Company, Inc, Granting 1418 MOTION in Limine to Exclude Video Deposition Testimony of Dr. Jerome Weber filed by Timm Adams, Barbara Adams. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 8, 2009
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MEMORANDUM DECISION AND ORDER Re: Rule 50 Motion for Failure to Prove Causation on Certain Claims and to Elicit Proof on Specific Claims re 1246. DuPont's Motion for Judgment as a Matter of Law Under Rule 50(a) For Failure To Prove Causation On Certain Claims of Negligence and Product Liability and For Failure to Elicit Proof on Specific Claims is GRANTED IN PART, RESERVED IN PART and DENIED IN PART. DuPont's Notice of Request for Ruling on DuPont's Motion for Judgment as a Matter of Law 1342 is DENIED as moot.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 8, 2009
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MEMORANDUM DECISION AND ORDER Regarding Motion to Exclude Testimony of Dr. Paolo Zannetti. Denying 774 MOTION to Exclude the Rebuttal Testimony of Dr. Paolo Zannetti filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 8, 2009
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MEMORANDUM DECISION AND ORDER Regarding BLM's Motion Under Rule 52(c) Regarding Liability. Denying 1257 MOTION for Judgment as a Matter of Law On Partial Findings Pursuant to Rule 52(c) as to Liability filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 11, 2009
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MEMORANDUM DECISION AND ORDER Denying 758 MOTION to Strike Plaintiffs' Improper Rebuttal Experts filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (jm)
August 11, 2009
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MEMORANDUM DECISION AND ORDER Re: United States Motion for Judgment on Causation Under Rules 52 and 58. Denying 1251 MOTION for Judgment that Plaintiffs' Have Failed to Prove Causation Under Rules 52 and 58 filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 11, 2009
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MEMORANDUM DECISION AND ORDER on DuPont's Motion to Exclude Testimony of Franc and Kleinkopf. DuPont's Motion to Exclude or Limit Testimony From Plaintiffs' Crop Experts 783 is DENIED as to Drs. Franc and Kleinkopf.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 14, 2009
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MEMORANDUM DECISION AND ORDER Regarding DuPont's Rule 50(A) Motion on Plaintiffs' Debt Based Costs. DuPonts Rule 50(a) motion for judgment on debt based costs 1239 is Denied. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 15, 2009
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MEMORANDUM DECISION AND ORDER Regarding United States' MIL Re: NEPA's Cumulative Impacts Provision. United States Motion in Limine 1457 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 16, 2009
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MEMORANDUM DECISION AND ORDER Re: DuPont's Motion in Limine to Exclude Evidence of Additional Legal Conclusions in ISDA Letter. DuPont's Motion in Limine 1055 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 16, 2009
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MEMORANDUM DECISION AND ORDER Re: DuPont's (Renewed) Motion for Judicial Notice Under FRE 201(d). DuPonts Renewed Motion for Judicial Notice Under Federal Rule of Evidence 201(d) 1388 is GRANTED (see Order.) DuPont's original Motion for Judicial Notice Under Federal Rule of Evidence 201(d) 1281 is MOOT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 16, 2009
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MEMORANDUM DECISION AND ORDER Regarding DuPont's Motion to Clarify Bull Pen Order. DuPonts Motion for Clarification 1237 is GRANTED; paragraphs 150 - 151 of Plaintiffs' Third Amended Complaint set forth a claim of aiding and abetting that is in the bull pen and not a part of the bellwether plaintiffs' trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 17, 2009
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MEMORANDUM DECISION AND ORDER Re: Defendant United States of America's Objection to the Admission of Trial Exhibit 306 1455. The Government's Objection to the Admission of Trial Exhibit 306 is OVERRULED. Trial Exhibit 306 is hereby admitted. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 18, 2009
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MEMORANDUM DECISION AND ORDER Re: DuPont's Motion for Admission of EPA-Related Documents. Granting in Part and Denying in Part 1288 MOTION in Limine filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 18, 2009
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MEMORANDUM DECISION AND ORDER Re: DuPont's Renewed Motion to Admit Documents. re 1413 MOTION in Limine to Admit Documents (Renewed) filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 18, 2009
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MEMORANDUM DECISION AND ORDER Re: Notice of Exhibits the United States Intends to Offer Into Evidence at the Close of its Case. re: 1432 filed by USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
September 25, 2009
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MEMORANDUM DECISION AND ORDER Regarding Schedule for Post-Trial Issues. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
October 22, 2009
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MEMORANDUM DECISION AND ORDER Regarding Discovery Deadlines and Trial Date. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
December 8, 2009
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MEMORANDUM DECISION AND ORDER Defendant United States is entitled to the offsets as set forth in the two tables within this order; Plaintiffs shall provide computations for the debt-based costs to fill in the slots in the tables above that contain the words To be computed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
January 5, 2010
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MEMORANDUM DECISION AND ORDER The motion to reconsider NEPA as evidence of the standard of care 1222 is DENIED. The motion for judgment as a matter of law oncausation 1246 is DENIED. The motion to reconsider allowing the recall of JackCain 1374 is DENIED. The motion to admit party admissions 1428 is DENIED. The motion for judgment on FIFRA misbranding 1474 is DENIED. The motion to exclude applicators from consideration of comparative fault 1476 is DENIED. The motion for extension of time to respond 1520 is GRANTED IN PART AND DENIED IN PART. It is granted to the extent it seeks to authorize plaintiffs to file a response brief on or before January 18, 2010, and DuPont to file a reply brief on or before January 29, 2010. It is denied in all other respects. The motion to seal confidential trial exhibits 1534 is GRANTED IN PART AND DENIED IN PART. It is granted to the extent it seeks to have sealed the following trial exhibits: 246; 20221; 42809; 42810; 42817; 42819; 42823; 42826; and 42994. It is denied in all other respects. The motion to amend scheduling order 1539 is DENIED. The motion to quash 1630) is GRANTED.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
January 18, 2010
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MEMORANDUM DECISION&ORDER Regarding Final Collateral Source Figures. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
March 23, 2010
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MEMORANDUM DECISION AND ORDER granting 1200 Motion to Strike ; denying 1286 Motion to Strike and exclude testimony regarding stewardship offers ; finding as moot 1375 Motion in Limine to exclude NEPA testimony of Celestine Duncan; finding as moot 1400 Motion for Discovery; granting in part and denying in part 1408 Motion in Limine; granting in part and denying in part 1439 Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
March 24, 2010
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 1644 MOTION for Judgment as a Matter of Law or For A New Trial filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 12, 2010
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MEMORANDUM DECISION. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
May 13, 2010
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AMENDED MEMORANDUM DECISION re: 1696 Memorandum Decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
August 2, 2010
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MEMORANDUM DECISION AND ORDER granting 1709 Motion to Approve Supersedeas Bond. Any execution on the judgment is STAYED pursuant to Federal Rule of Civil Procedure 62(d). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
October 29, 2010
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MEMORANDUM DECISION AND ORDER denying 1705 Motion for Attorney Fees and Costs; granting in part and denying in part 1706 Motion to Establish Preclusive effect of the Bellwether Trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
December 9, 2010
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 1763 Motion to Compel. It is further ordered that for any tax returns that are discoverable under this decision and that plaintiffs do not have in their possession, that plaintiffs shall provide a release to allow the BLM to obtain these tax returns directly from the IRS. The cost of doing so shall be done by the defendants. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
December 22, 2010
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Filing (NEF) by cjm)MEMORANDUM DECISION AND ORDER ON DISCOVERY OF LOSS AND NON-LOSS CROPS AND FIELDS denying 1748 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic
January 4, 2011
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MEMORANDUM DECISION AND ORDER Denying 1765 MOTION to Compel Plaintiffs to Produce Improperly Withheld Documents filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
January 6, 2011
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ORDER COMPELLING PLAINTIFFS, C/O WESTERN AGCREDIT TO COMPLY WITH SUBPOENA re 1835 Motion for Entry of Order Pursuant to 12 C.F.R. 618.8330(b). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
January 20, 2011
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MEMORANDUM DECISION AND ORDER RE: U.S.BANK Motion for Attorney Fees denying 1785 Motion for Attorney Fees. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
January 20, 2011
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MEMORANDUM DECISION AND ORDER denying 1741 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
January 31, 2011
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ORDER COMPELLING MCNABB GRAIN TO COMPLY WITH SUBPOENA granting 1805 Motion to Compel; granting 1838 Motion For Entry of An Order to Compel Re Subpoena to McNabb Grain. McNabb Grain shall comply immediately with the Subpoena dated 3/20/2010, and provide the documents requested therein to DuPont. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
February 7, 2011
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MEMORANDUM DECISION AND ORDER denying 1842 Motion Re Discovery Issues. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
March 8, 2011
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MEMORANDUM DECISION AND ORDER denying 1903 Motion to file Amicus Brief by US Postal Service (USPS). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
March 8, 2011
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 1798 Motion to Compel. It is granted to the extent it seeks to compel production of the tapes listed in Exhibit N to the Affidavit of Sinclair (docket no. 1798- 3) but is denied to the extent it seeks fees and costs.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
March 11, 2011
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MEMORANDUM DECISION AND ORDER denying 1832 Motion for Clarification Regarding Rule 902(11) Certifications. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
March 15, 2011
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ORDER Re Privileged Letter. Counsel for Du Pont are ordered to return the letter dated 6/6/2001, and attachments, to plaintiffs and make no use of the letter. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
March 18, 2011
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FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
March 30, 2011
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MEMORANDUM DECISION AND ORDER denying 1742 Motion for Summary Judgment; granting 1754 Motion for Summary Judgment; granting 1760 Motion for Summary Judgment; finding as moot 1800 Motion to Strike. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
April 6, 2011
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ORDER for Voluntary Dismissal of Claims of Certain Plaintiffs approving 1934 Stipulation of Dismissal filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
April 15, 2011
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 1937 Motion for Extension of Time to File; granting in part and denying in part 1938 Sealed Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
May 29, 2011
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MEMORANDUM DECISION AND ORDER granting 1962 Motion to Compel. The BLM shall disclose (1) how Barry and Ranallo divided their work, and (2) how each relied on the other in arrivein at his opinions due by 6/13/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
June 22, 2011
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MEMORANDUM DECISION AND ORDER granting in part and denying in part and reserved in part 1947 Motion for Extension of Time to File Response re 1931 First MOTION for Summary Judgment re: Plaintiffs' Fraud, Assumed Duty and Other Claims Responses due by 7/22/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
August 22, 2011
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ORDER Modifying Certain Deadlines in Case Management Order 1808 approving 2009 Stipulation filed by E.I. Du Pont de Nemours and Company, Inc. The date for filing Rebuttal Reports of Plaintiffs' experts will be extended to 8/29/2011 for all experts except Cornelius Hofman and Barry Goodwin, and any Daubert motions relating to the experts who file Rebuttal Reports will be extended to 9/12/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
August 26, 2011
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MEMORANDUM DECISION AND ORDER RE DR. DUFT&CORNELIUS HOFMAN. It is hereby ordered that DuPont produce to plaintiffs the 20 or so sub-files of documents created by Dr Duft that he used to "code" or link his opinions in his Rule 26 Report to the Bibliography attached to that report. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 7, 2011
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MEMORANDUM DECISION AND ORDER RE SPOLIATION OF EVIDENCE ON HISAW CLAIM denying 1834 Motion to Dismiss; denying 1841 Motion for Joinder. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 7, 2011
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MEMORANDUM DECISION AND ORDER RE MOTION TO CLARIFY DECISION ON TAX RETURNS denying 1845 Motion to Clarify. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 7, 2011
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MEMORANDUM DECISION AND ORDER RE MOTION FOR SUMMARY JUDGMENT ON FRAUD CLAIMS granting in part and denying in part 1797 Motion for Summary Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 15, 2011
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MEMORANDUM DECISION AND ORDER RE DUPONT'S MOTION TO COMPEL SUPPLEMENTAL DISCOVERY granting in part and denying in part 1848 Motion to Compel; 1880 Joinder by Defendant USA. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 15, 2011
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ORDER RE BLM'S MOTION TO STAY denying 1916 Motion to Stay. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 16, 2011
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MEMORANDUM DECISION AND ORDER RE MOTION TO RECONSIDER DECISION ON TRIAL FORMAT denying 1885 Motion for Reconsideration. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
September 27, 2011
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MEMORANDUM DECISION AND ORDER RE PLAINTIFFS' MOTION TO COMPEL DEFENDANTS' PRODUCTION OF DOCUMENTS granting in part and denying in part 1854 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
October 6, 2011
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lectronic Filing (NEF) by dks)MEMORANDUM DECISION AND ORDER granting 2024 Motion in Limine to exclude testimony inconsistent with preclusion decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of E
October 6, 2011
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MEMORANDUM DECISION AND ORDER granting in part and reserved in part re 1978 Fourth MOTION for Summary Judgment re Plaintiffs Fraud, Assumed Duty and Other Claims filed by E.I. Du Pont de Nemours and Company, Inc, 1990 Fifth MOTION for Summary Judgment Re Plaintiffs' Fraud, Assumed Duty&Other Claims filed by E.I. Du Pont de Nemours and Company, Inc; They are granted to the extent they seek to reduce any recovery by the percentage rent for the following fields: (1) With regard to the Jackman Poulson plaintiffs, the Wood field in 2001 and the Johnson field in 2002; (2) With regard to the Scott Poulson plaintiffs, the Bartholoma field in 2001; and (3) With regard to the Wada Farms plaintiffs, the Billings parcel of the Billings/Parson field. The motions are reserved in all other respects.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
October 6, 2011
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MEMORANDUM DECISION AND ORDER denying 1990 Motion for Summary Judgment of all other claims asserted by Fife Dairy, LLC, Randy Fife, Jean Fife, Sam Fife and Jenny Fife. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
October 7, 2011
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MEMORANDUM DECISION AND ORDER denied in part and reserved in part 1990 Fifth MOTION for Summary Judgment Re Plaintiffs' Fraud, Assumed Duty&Other Claims filed by E.I. Du Pont de Nemours and Company, Inc, 1931 First MOTION for Summary Judgment re: Plaintiffs' Fraud, Assumed Duty and Other Claims filed by E.I. Du Pont de Nemours and Company, Inc.; The motions are denied to the extent they seek to dismiss claims of plaintiffs Young, Sanders, Wada Potatoes, and Natures Best Produce, for their failure to plead their damages with specificity as required by Federal Rule of Civil Procedure 9(g). They are reserved in all other respects not yet resolved by prior decisions. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
October 7, 2011
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MEMORANDUM DECISION AND ORDER-denied in part and reserved in part 1978 Fourth MOTION for Summary Judgment re Plaintiffs Fraud, Assumed Duty and Other Claims filed by E.I. Du Pont de Nemours and Company, Inc.; It is denied to the extent it seeks a summary judgment that Wada Farms is not the proper party to sue for damage to the 2000 potato crop on the 1,500 acre field. It is reserved in all other respects not yet resolved by other decisions. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
October 7, 2011
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MEMORANDUM DECISION AND ORDER - denied in part and reversed in part 1990 Fifth MOTION for Summary Judgment Re Plaintiffs' Fraud, Assumed Duty&Other Claims filed by E.I. Du Pont de Nemours and Company, Inc.; It is denied to the extent it seeks dismissal on spoliation grounds of Youngs claims. It is reserved in all other respects for issues not yet resolved by prior decisions.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
October 7, 2011
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MEMORANDUM DECISION AND ORDER - Denied in part and reserved in part 1990 Fifth MOTION for Summary Judgment Re Plaintiffs' Fraud, Assumed Duty&Other Claims filed by E.I. Du Pont de Nemours and Company, Inc.; It is denied to the extent it seeks to dismiss claims for lost asset value. It is reserved in all other respects for all issues not resolved by prior decisions.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
March 12, 2012
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MEMORANDUM DECISION AND ORDER RE BLM MOTION FOR COSTS denying 2147 Motion for Costs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)