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13-2433 - In re: E. I. du Pont de Nemours and Company C-8 Personal Injury Litigation


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13-2433 - In re: E. I. du Pont de Nemours and Company C-8 Personal Injury Litigation
November 15, 2013
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ORDER granting (77) Motion to Dismiss Plaintiff Joanna Lynn Lowers' Complaint Without Prejudice in case 2:13-md-02433. Signed by Judge Edmund A Sargus on 11/15/2013. Associated Cases: 2:13-md-02433-EAS-EPD et al. (dh1)
November 15, 2013
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ORDER granting (57) Motion to Dismiss Without Prejudice in case 2:13-cv-00340. Signed by Judge Edmund A Sargus on 11/15/13. Associated Cases: 2:13-md-02433-EAS-EPD et al. (dh1)
November 15, 2013
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ORDER granting (52) Motion to Dismiss Without Prejudice in case 2:12-cv-01180. Signed by Judge Edmund A Sargus on 11/15/2013. Associated Cases: 2:13-md-02433-EAS-EPD et al. (dh1)
November 15, 2013
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ORDER granting (52) Motion to Dismiss Without Prejudice in case 2:12-cv-01183. Signed by Judge Edmund A Sargus on 11/15/2013. Associated Cases: 2:13-md-02433-EAS-EPD et al. (dh1)
March 21, 2014
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DISCOVERY ORDER NO. 1 - The Costs of Obtaining C8 Health Project Records & Extension of the Deadline for Selection of the Discovery Pool Plaintiffs. DuPont and Plaintiffs' Motions 203 and 207 are granted in part and denied in part. DuPont must bear any costs associated with procurement of the C8 Health Project records. The Court extends the deadline for selecting discovery pool plaintiffs to 04/02/14.. Signed by Judge Edmund A Sargus, Jr. and Magistrate Judge Elizabeth Preston Deavers on 03/20/2014. (dh1)
April 24, 2014
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DISCOVERY ORDER NO. 4 - Plaintiff's Motion to Compel Deposition of DuPont's Corporate Representative. Plaintiff's First Motion to Compel 211 is granted in part and denied in part. Signed by Judge Edmund A. Sargus, Jr. and Magistrate Judge Elizabeth Preston Deavers on 04/24/2014. (dh1)
December 17, 2014
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Dispositive Motions Order No. 1 - Class Membership and Causation. The Court denies 1032 DuPont's Counter-Motion for Partial Summary Judgment Regarding Application of the Leach Settlement Agreement and grants in part 820 Plaintiffs' Motion for Partial Summary Judgment Under Rule 56 or for Determination of Issues Under Rule 16(C) in accordance with this Opinion and Order. Signed by Judge Edmund A Sargus on 12/17/2014. (dh1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 9, 2015
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DISCOVERY ORDER NO. 8 - Plaintiff's Second Motion to Compel Deposition of DuPont's Corporate Representative and Production of Documents Relating to DuPont's Announced Corporate Reorganization. Plaintiffs' Second Motion to Compel 1903 is denied. Signed by Chief Judge Edmund A. Sargus, Jr., and Magistrate Judge Elizabeth Preston Deavers on 03/09/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 10, 2015
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DISPOSITIVE MOTIONS ORDER NO. 2 - DuPont's Prior Admissions. Plaintiffs' Second Motion for Summary Judgment Under Rule 56 or for Determination of Issues Under Rule 16(C) 1205 is denied. Signed by Chief Judge Edmund A Sargus on 03/10/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 6, 2015
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DISPOSITIVE MOTIONS ORDER NO. 4 - Defendant's Motion for Partial Summary Judgment. For the reasons set forth in this Order, the Court grants in part and denies in part 1898 DuPont's Motion for Partial Summary Judgment on Inapplicable Causes of Action. Signed by Chief Judge Edmund A. Sargus on 07/06/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 21, 2015
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DISPOSITIVE MOTIONS ORDER NO. 5 - Defendant's Motions for Summary Judgment Related to Specific Causation. The following motions are DENIED: DuPont's Motion for Summary Judgment on the Individual Claims of Trial Plaintiff Carla Marie Bartlett Based on Specific Causation 2816 and DuPont's Motion for Summary Judgment on the Individual Claims of Trial Plaintiff John Wolf Based on Specific Causation 2817. Signed by Chief Judge Edmund A. Sargus on 07/21/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 19, 2015
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DISPOSITIVE MOTIONS ORDER NO. 6 - Plaintiffs' Motion for Summary Judgment on the Issue of Duty. In accordance with this Opinion and Order, the Court grants in part and denies in part 2820 the Trial Plaintiffs' Motion for Summary Judgment on the Issue of Duty. Signed by Chief Judge Edmund A. Sargus on 08/19/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 19, 2015
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DISPOSITIVE MOTIONS ORDER NO. 7 - Defendant's Motion for Summary Judgment on Punitive Damages. The Court denies 2825 Defendant's Motion for Partial Summary Judgment on Punitive Damages in the Bartlett and Wolf Cases. Signed by Chief Judge Edmund A. Sargus on 08/19/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 20, 2015
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ORDER denying 2828 Plaintiffs' Motion to Strike Late Filing by DuPont. Signed by Chief Judge Edmund A. Sargus on 08/19/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 31, 2015
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MOTIONS IN LIMINE ORDER NO. 2. Evidence Regarding Obesity as a Causal Factor. The Court denies 4085 the narrowed Motion in Limine No. 6, in accordance with the Opinion and Order. This ruling is subject to modification should the facts or circumstances at trial differ from that which has been presented in the pre-trial motion and memoranda. Signed by Chief Judge Edmund A. Sargus on 08/31/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 31, 2015
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MOTIONS IN LIMINE ORDER NO. 3. Issues Related to the Tennant's Farm. The Court denies in part and denies as moot in part 4073 DuPont's Motion in Limine No. 15, To Exclude Any Statement or Suggestion that Cattle Disease or Cattle Deaths Have Been or Are Caused By C-8, in accordance with this Opinion and Order. Signed by Chief Judge Edmund A. Sargus on 08/31/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 2, 2015
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DISPOSITIVE MOTIONS ORDER NO. 9. Defendant's Motion on Fraud and Emotional Distress. In accordance with this Opinion and Order, the Court grants in part and denies in part 2815 DuPont's Motion for Partial Summary Judgment on Trial Plaintiff Carla Marie Bartlett's Fraud and Emotional Distress Claims. Signed by Chief Judge Edmund A. Sargus on 09/02/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 4, 2015
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MOTION IN LIMINE ORDER NO. 4. Evidence Regarding the Weinberg Group. The Court, in accordance with this Opinion and Order, grants in part and denies in part 4078 Defendant's Motion in Limine No. 7, To Exclude any References to the Weinberg Group, as Well as its Work Involving Ephedra, FenPhen, Tobacco, or Agent Orange. Signed by Chief Judge Edmund A. Sargus on 09/04/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 1, 2015
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DISPOSITIVE MOTIONS ORDER NO. 11. Defendant's Motion for Judgment as a Matter of Law on Punitive Damages. The Court denies 4227 DuPont's Rule 50 Motion. Signed by Chief Judge Edmund A. Sargus on 10/01/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 5, 2015
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MOTIONS IN LIMINE ORDER NO. 6 - Calculation of Punitive Damages. The Court denies 4208 DuPont's Motion in Limine No. 26, Regarding Calculation of Punitive Damages. Signed by Chief Judge Edmund A. Sargus on 10/05/2015. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 29, 2016
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CASE MANAGEMENT ORDER NO. 16: ORDER denying (4353) DuPont's Motion to Stay in case 2:13-md-02433-EAS-EPD. Signed by Chief Judge Edmund A. Sargus on 03/29/2016. Associated Cases: 2:13-md-02433-EAS-EPD, 2:13-cv-01103-EAS-EPD, 2:14-cv-00094-EAS-EPD, 2:14-cv-00185-EAS-EPD (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 15, 2016
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DISPOSITIVE MOTIONS ORDER NO. 14. Defendant's Motions on Mr. Freeman's Fraud and Emotional Distress Claims. The Court denies as moot Defendant's Motion for Summary Judgment on Trial Plaintiff David Freeman's Claim for Concealment, Misrepresentation, and Fraud 4317, denies as moot the part of Defendant's Motion for Summary Judgment on David Freeman's Emotional Distress Claims directed to the intentional infliction of emotional distress claim and grants in part and denies in part the portion of the Motion related to the NIED claim 4318. Signed by Chief Judge Edmund A. Sargus on 04/15/2016. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 29, 2016
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DISPOSITIVE MOTIONS ORDER NO. 15. Defendant's Motions for Summary Judgment Related to Specific Causation. The Court concludes that Mr. Freeman has set forth specific facts showing that there is a genuine issue for trial. The Court, therefore, denies 4316 DuPont's Motion for Summary Judgment Based on Specific Causation. Signed by Chief Judge Edmund A. Sargus on 04/29/2016. Associated Cases: 2:13-md-02433-EAS-EPD, 2:13-cv-01103-EAS-EPD (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 29, 2016
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DISPOSITIVE MOTIONS ORDER NO. 16. Defendant's Motions for Summary Judgment Related to Punitive Damages. The Court denies 4320 Defendant's Motion for Summary Judgment on David Freeman's Claim for Punitive Damages. Signed by Chief Judge Edmund A. Sargus on 04/29/2016. Associated Cases: 2:13-md-02433-EAS-EPD, 2:13-cv-01103-EAS-EPD (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 19, 2016
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MOTIONS IN LIMINE ORDER NO. 8. Questioning of Plaintiff's Treating Physician on Causation. The Court grants 4433 Mr. Freeman's Motion in Limine No. 17, to Preclude DuPont from Questioning Plaintiff's Treating Physician Kelli Anne Cawley, M.D., Regarding Causation. Signed by Chief Judge Edmund A. Sargus on 05/19/2016. Associated Cases: 2:13-md-02433-EAS-EPD, 2:13-cv-01103-EAS-EPD (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 30, 2016
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Motions in Limine Order No. 11, References to the Pollution of the Ohio River. The Court GRANTS Plaintiff's Motion in Limine No. 14, to Preclude Defendant's References to the Ohio River as One of the Most Polluted Rivers in Ohio and/or the United States,4430. Signed by Chief Judge Edmund A. Sargus on 5/30/2016. (plb)
July 25, 2016
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ORDER granting 4589 DuPont's Motion to File Document Under Seal. DuPont is permitted to file the document under seal and is directed to contemporaneously file a public version with any confidential, sensitive medical information redacted. Signed by Chief Judge Edmund A. Sargus on 07/22/16. (dh1)
July 27, 2016
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DISPOSITIVE MOTIONS ORDER NO. 19 - DuPont's Rule 50 Motions. The Court denies 4569 DuPont's Motion for Judgment as a Matter of Law on Trial Plaintiff David Freeman's Claims and 4578 DuPont's Renewed Motion for Judgment as a Matter of Law on Trial Plaintiff David Freeman's Claims and Motion to Strike Cancerphobia Evidence. The Court took oral argument on these motions during trial on 06/17/16 and 07/01/16, respectively. Signed by Chief Judge Edmund A. Sargus on 07/26/16. Associated Cases: 2:13-md-02433-EAS-EPD, 2:13-cv-01103-EAS-EPD (dh1)
October 7, 2016
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DISCOVERY ORDER NO. 12. Plaintiffs' Motion to Compel DuPont to Supplement its Discovery Responses and Motion for Sanctions. The Court grants in part and denies in part 4637 Plaintiffs' Motion to Compel and for Sanctions. The Court grants plaintiffs' request for an order compelling DuPont to supplement its discovery requests and denies the plaintiffs' request for sanctions. Signed by Chief Judge Edmund A. Sargus on 10/07/2016. (dh1)
November 7, 2016
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DISPOSITIVE MOTIONS ORDER NO. 20. Defendant's Motion for Summary Judgment Related to Cancerphobia Damages and Fear of Developing Other Probable Link Diseases. The Court grants in part and denies in part (4656) Defendant's Motion for Summary Judgment on the Cancerphobia Portion of Damages and Fear of Developing Other Probable Link Diseases. Signed by Chief Judge Edmund A. Sargus on 11/07/2016. Associated Cases: 2:13-md-02433-EAS, 2:13-cv-00136-EAS-EPD (dh1)
November 8, 2016
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ORDER denying 4804 Plaintiff's Motion to Strike DuPont's Supplemental Filing. Signed by Chief Judge Edmund A. Sargus on 11/08/2016. Associated Cases: 2:13-md-02433-EAS, 2:13-cv-00136-EAS-EPD (dh1)
December 27, 2016
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MOTIONS IN LIMINE ORDER NO. 12 in case 2:13-cv-00136-EAS-EPD; Granting, Denying, Granting in part and Denying in Part, and Finding as Moot in accordance with the conclusions of the Court and agreements of parties made on the record at the October 27, 2016 and November 7, 2016 hearings (ECF No. 4796, 4832). (4730) Motions in Limine in case 2:13-md-02433-EAS. Signed by Chief Judge Edmund A. Sargus on 12/27/2016. Associated Cases: 2:13-md-02433-EAS, 2:13-cv-00136-EAS-EPD. (plb)
December 27, 2016
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DISPOSITIVE MOTIONS ORDER NO. 22, Denying Defendant's Motion for Summary Judgment on Punitive Damages (4655) in case 2:13-md-02433-EAS. Signed by Chief Judge Edmund A. Sargus on 12/27/2016. Associated Cases: 2:13-md-02433-EAS, 2:13-cv-00136-EAS-EPD (Plaintiff Kenneth Vigneron Sr.). (plb)
December 27, 2016
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DISPOSITIVE MOTIONS ORDER NO. 24, Granting in Part and Denying in Part Defendant's Motion to Bifurcate or Alternatively to Issue Limiting Instruction and Allow Introduction of All Evidence of Malice in case 2:13-md-02433-EAS. Signed by Chief Judge Edmund A. Sargus on 12/27/2016. Associated Cases: 2:13-md-02433-EAS, 2:13-cv-00136-EAS-EPD (Plaintiff Kenneth Vigneron, Sr.). (plb)
January 10, 2017
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DISPOSITIVE MOTIONS ORDER NO. 26. Defendant's Motion for Summary Judgment on Punitive Damages. For the reasons the Court set forth in DMO No. 7 4185, DMO No. 12 4306, and DMO No. 16 4520, the Court denies 4787 Defendant's Motion for Summary Judgment on Punitive Damages. Signed by Chief Judge Edmund A. Sargus on 01/10/2017. (dh1)
January 10, 2017
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DISPOSITIVE MOTIONS ORDER NO. 27. Defendant's Motion for Summary Judgment Related to Cancerphobia Damages and Fear of Developing Other Probable Diseases. The Court grants in part and denies in part 4788 Defendant's Motion for Summary Judgment on the Cancerphobia Portion of Damages and Fear of Developing Other Probable Link Diseases. Specifically, DuPont's Motion is granted with regard to its request to exclude alleged mental anxiety damages related to fear of developing undiagnosed Probable Link diseases, and the motion is otherwise denied. Signed by Chief Judge Edmund A. Sargus on 01/10/2017. (dh1)
January 12, 2017
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DISPOSITIVE MOTIONS ORDER NO. 28. Defendant's Motion for Summary Judgment Related to Specific Causation. (This document relates to Moody v. E.I. du Pont Nemours and Company, Case No. 2:15-cv-803.) The Court denies 4786 Defendant's Motion for Summary Judgment Based on Specific Causation. Signed by Chief Judge Edmund A. Sargus on 01/12/2017. (dh1)
June 26, 2017
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OPINION AND ORDER granting 5101 the parties' Joint Motion for Stay of Time to Answer Complaints. Signed by Chief Judge Edmund A. Sargus on 06/26/2017. (dh1)
November 15, 2017
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ORDER granting 5118 Plaintiffs' Unopposed Motion seeking an Interim Distribution of Funds from the MDL No. 2433 Expense Fund account for services rendered by Providio, LLC. The Court approves the distribution of $945,000.00 from the MDL No. 2433 Expense Fund account to Providio for the items detailed in Plaintiff's motion. Signed by Chief Judge Edmund A. Sargus on 11/15/2017. (dh1)