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03-566 - Jessie Fisher et al v. Ciba Specialty Chemicals Corporation et al


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03-566 - Jessie Fisher et al v. Ciba Specialty Chemicals Corporation et al
August 16, 2005
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Order re: defendants' 221 Statement of Objection to Magistrate's Orderon Privileged Documents. The July 25 Order is affirmed and appellants' Objection is overruled. Signed by Judge William H. Steele on 8/16/05. (tgw)
September 7, 2005
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ORDER as to the following motions: DENYING 164 Motion for Costs and Expenses of Non Party KBR in Response To Subpoena Issued by Plaintiff's as set out; GRANTING in part & DENYING in part 187 Motion to Compel as set out, and GRANTING in part & DENYING in part 192 Defendants' Motion to Compel setting out specific items. Plaintiffs are DIRECTED to produce for inspection and copying items 8, 9, 10, 12, 17, 18, 30, 38, 40, 57, 58, 59, and 60 bySeptember 19, 2005. Lastly, the Motion to Quash 200 is GRANTED in part & DENYED in part stating Plaintiffs' Motion to Quash Ms. Broussard's subpoena is DENIED to the extent it seeks to bar her deposition. Signed by Judge Sonja F. Bivins on 9/7/05. Copies to parties 9/8/05. (mpp)
March 8, 2006
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ORDER denying the Defendants' 320 Motion in Limine . Signed by Judge William H. Steele on 3/8/06. (tgw)
March 21, 2006
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ORDER denying 324 Motion to Strike, denying 325 Motion to Strike, denying 326 Motion to Strike, denying 327 Motion to Strike . Signed by Judge William H. Steele on 3/21/06. (tgw)
April 24, 2006
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ORDER denying plaintiffs' 357 Motion in Limine to Exclude the Testimony of Herbert Noletto. Defendants are ordered, by no later than 6:00 p.m. on 4/24/06, to take steps as more fully set out in order. Signed by Judge William H. Steele on 4/24/06. Copies to parties 4/24/06 at 8:50 a.m. (mbp, )
May 18, 2006
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ORDER GRANTING the 368 Motion for Leave to File Corrected Exhibit List, GRANTING the 375 Motion for Leave to File Updated Exhibit List, GRANTING IN PART DENYING IN PART the 377 Motion for Leave to Take Testimony of Economist or to Supplement, DENYING the 379 Motion to Exclude Testimony of David Langseth & DENYING the 383 Corrected Motion to Exclude Testimony of David Langseth . Signed by Judge William H. Steele on 5/18/06. (tgw)
July 14, 2006
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ORDER as to the Motion 330 to Certify Class stating it is DENIED for the reasons set out. Granting in part and Denying in part the Defendants' Motion 364 to Re-Urge Motions to Strike or Exclude Experts Farber and McFaddin stating: The Motion is granted as to the McFaddin report, and Exhibit P-75 is STRICKEN and excluded from consideration for purposes of the instant Motion for Class Certification. The Motion 364 is denied in all other respects. Defendants' Motion in Limine to Preclude Evidence of Newly Disclosed Sampling Data 365 is GRANTED pursuant to Rule 37(c)(1), Fed.R.Civ.P., and the five dust sample results reported on April 21, 2006 will be excluded from the evidence considered by the Court in ruling on Rule 23 issues. The Motion to Strike Affidavit of Dr. Philip Bedient 366 is GRANTED and Exhibit P-169 is STRICKEN. Exhibit P-63 and the references to same in plaintiffs' brief are strickenas irrelevant and scandalous pursuant to the Order dated March 28, 2005.Plaintiffs' post-hearing Notice of Filing Corrected Exhibits 373 filed by Jessie Fisher and all attachments to same are stricken as an improper attempt to supplement or revise the Rule 23 record without leave of court. Signed by Judge William H. Steele on 7/13/06. Copies to parties 7/14/06.(mpp)
October 20, 2006
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ORDER granting 396 Motion to Amend/Correct as set out. Plaintiffs are ordered to file an amended complaint, effectuating Greer's joinder but otherwise making no substantive changes to the existing Complaint, on or before October 30, 2006. Signed by Judge William H. Steele on 10/20/06. Copies to parties.(mpp)
March 30, 2007
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Order re: 461 Appeal of Magistrate Judge Decision to District Court filed by Jessie Fisher stating plaintiffs' Appeal of the Magistrate Judge's Order dated March 1, 2007 is DENIED as set out. The parties are reminded that this action remains set for a final pretrial conference before the undersigned on July 17, 2007, with jury trial to follow during the month of August 2007.Signed by Judge William H. Steele on 3/30/07. Copies to parties. (mpp)
June 20, 2007
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ORDER denying 479 Motion to Sever. The claims of all five plaintiffs will be tried concurrently, before a single jury, in the August 2007 trial term. Signed by Judge William H. Steele on 6/20/07. (tgw)
August 8, 2007
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ORDER denying 500 Motion in Limine; denying 501 Motion in Limine; denying 506 Motion in Limine. Signed by Judge William H. Steele on 8/7/07. (tgw)
October 11, 2007
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ORDER as to the following motions: Defendants' Motion for Partial Summary Judgment on Fraud, Misrepresentation and RICO Claims 405 is MOOT as to the misrepresentation and unjust enrichment claims, which either were not pleaded or have been abandoned in the Pretrial Order, but is otherwise GRANTED. The fraud and RICO causes of action brought by plaintiffs Fisher, Reed, Byrd and McIntyre are dismissed with prejudice. Defendants did not move for summary judgment on plaintiff Sharon Greer's fraud and RICO claims; therefore, those claims remain pending and will proceed to trial; The 406 Motion for Summary Judgment on All Claims of William Ronald McIntyre is DENIED; The 502 Motion for Summary Judgment on damages issues is DENIED; Plaintiff's 503 Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART as set out; The first, erroneously filed iteration of Defendants' 538 Motion to Strike is MOOT; The second iteration of Defendant's 539 Motion to Strike is DENIED. Signed by Judge William H. Steele on 10/11/07. Copies to parties on 10/12/07. (mpp)
April 15, 2008
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REPORT AND RECOMMENDATIONS re 575 SEALED MOTION. It is recommended that the motion be GRANTED. Objections to R&R due within 10 days of receipt of this order. Signed by Magistrate Judge Sonja F. Bivins on 4/15/08. (tgw) Text Modified on 4/17/2008 (tgw).
May 16, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 579 re 575 SEALED MOTION. It is recommended that the motion be GRANTED. Signed by Judge William H. Steele on 5/16/08. Copies to parties.(mpp)