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16-917 - Baker et al v. Saint-Gobain Performance Plastics Corp. et al


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16-917 - Baker et al v. Saint-Gobain Performance Plastics Corp. et al
July 27, 2016
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f its filing whether is should be consolidated into the Lead action. The Court appoints Weitz & Luxenberg, P.C. and Faraci Lange, LLP as Co-Lead Interim Class Counsel, with Powers & Santola LLP as Liason Counsel. The Court acts on the Motions as follows: 1. Baker, Civ. No. 1:16-CV-220, Motion to Consolidate and Appoint Counsel, is GRANTED; 2. Tifft, Civ. No. 1:16-CV-292, Motion to Consolidate and Appoint Counsel is GRANTED IN PART AND DENIED IN PART; 3. Tifft, Civ. No. 1:16-CV-292, Lt.-Mot. is GRANTED IN PART AND DENIED IN PART; 4. Schrom, Civ. No. 1:16-CV-476, Lt.-Mot. is GRANTED IN PART AND DENIED IN PART. Plaintiffs Co-Lead Interim Class Counsel, Weitz & Luxenberg, P.C. and Faraci Lange, LLP, will be responsible for and have plenary authDECISION & ORDER: The Clerk is directed to administratively open this new civil action 1:16-CV-917 (LEK/DJS), which shall be deemed the LEAD CASE for cases brought involving contamination of water sources in and around Hoosick Falls, New York, with the chemical PFOA. The following cases are MEMBER CASES 1:16-CV-220, 1:16-CV-292, 1:16-CV-394 and 1:16-CV-476 all assigned to (LEK/DJS). All filings related to these consolidated actions should be filed in the LEAD CASE ONLY. Any filings placed in the Member Cases will not be considered and shall be stricken by the Court. Any new civil actions filed in this District that involve the same issues and location will be reviewed by the court on a case by case basis in order to determine, at the time oority to prosecute any and all claims of the Plaintiffs and the putative class and to provide general supervision of all Plaintiffs Counsel in the Consolidated Actions. Specifically, Co-Lead Interim Class Counsel shall have the responsibilities, duties, and sole authority noted in this Order. Powers & Santola, LLP, is appointed as Interim Liaison Counsel and in that role shall provide assistance to Co-Lead Interim Class Counsel and will be the designated contact person regarding communications with the Court on behalf of the Plaintiffs and putative class. It is Ordered that all other Plaintiffs counsel are prohibited from taking any action on behalf of the Plaintiffs and putative class in this Consolidated Action without advance authorization from Co-Lead Interim Class Counsel, except for application to modify or be relieved from this Decision and Order. Further that the mere communication of otherwise privileged information among and between Plaintiffs counsel shall not be deemed a waiver of the attorney-client privilege or the attorney work product immunity, as the Court recognizes that cooperation by and among counsel is essential for the orderly and expeditious resolution of this litigation. It is Ordered that, pursuant to Federal Rule of Civil Procedure 1, counsel for all parties are directed to cooperate with one another, wherever possible, to promote the expeditious handling of pretrial proceedings in the Consolidated Action, and related civility principles governing lawyers in the State of New York. It is Ordered that a master consolidated complaint be filed in the newly opened Lead Case, Civ. No. 1:16-CV-917, by Co-Lead Interim Class Counsel within thirty days of the filing date of this Decision and Order. Defendants shall answer or otherwise respond to the master consolidated complaint within thirty days of the filing of that pleading. Upon receipt of the Defendants response to the master consolidated complaint, the Court will schedule a conference with the parties in order to set pretrial deadlines. This Decision and Order be docketed in each of the above-captioned cases, including the newly opened Lead Case. Signed by Magistrate Judge Daniel J. Stewart on 7/27/2016. (jmb)
February 6, 2017
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MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 13) is GRANTED IN PART and DENIED IN PART; and it is further ORDERED, that the Municipal Water Plaintiffs nuisance claims are DISMISSED; and it is furtherORDERED, that Plaintiffs negligence and strict liability claims related to property, the Private Well Plaintiffs trespass and nuisance claims, and Plaintiffs negligence and strict liability claims related to PFOA ingestion survive Defendants Motion; and it is further ORDERED, that the questions of law decided in this Memorandum-Decision and Order are certified for interlocutory appeal pursuant to 28 U.S.C. ยง 1292(b), and any party may apply for leave to appeal with the United States Court of Appeals for the Second Circuit within ten (10) days of the filing date of this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on February 06, 2017. (sas)