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13-115 - Hobart Corporation et al v. The Dayton Power and Light Company et al


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13-115 - Hobart Corporation et al v. The Dayton Power and Light Company et al
November 12, 2013
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DECISION AND ENTRY OVERRULING AS MOOT MOTION TO DISMISS OF DEFENDANTS BRADFORD SOAP INTERNATIONAL, INC., CINTAS CORPORATION, AND HEWITT SOAP WORKS, INC. (DOC. #102). Signed by Judge Walter H Rice on 11/12/13. (pb1)
February 18, 2014
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DECISION AND ENTRY OVERRULING THE "RES JUDICATA DEFENDANTS'" MOTION TO DISMISS COMPLAINT OR ALTERNATIVE MOTION TO STAY PENDING APPEAL (DOC. #99), AND DEFENDANT THE DAYTON POWER & LIGHT COMPANY'S MOTION TO DISMISS COUNT I ("MIGRATION CLAIM") OF THE COMPLAINT (DOC. #138); SUSTAINING IN PART AND OVERRULING IN PART EACH OF THE FOLLOWING: CERTAIN DEFENDANTS' MOTION TO DISMISS (DOC. #100); DEFENDANT L.M. BERRY AND CO. LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS, JOINDER IN OTHER DEFENDANTS' MOTIONS AND ALTERNATIVE MOTION FOR STAY (DOC. #115); DEFENDANT REYNOLDS AND REYNOLDS CO.'S MOTION FOR JUDGMENT ON THE PLEADINGS, JOINDER IN OTHER DEFENDANTS' MOTIONS, AND ALTERNATIVE MOTION FOR STAY (DOC. #118); MOTION TO DISMISS OF DEFENDANT NEWMARK LLC (DOC. #157); MOTION TO DISMISS OF DEFENDANT LA MIRADA PRODUCTS CO., INC. (DOC. #164); DEFENDANT FICKERT DEVCO, INC.'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (DOC. #168). Signed by Judge Walter H Rice on 02/18/14. (pb1)
February 18, 2014
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DECISION AND ENTRY OVERRULING DAP PRODUCTS, INC.'S MOTION TO DISMISS FIRST AMENDED COMPLAINT OR ALTERNATIVE MOTION TO STAY PENDING APPEAL (DOC. #152); SUSTAINING MOTION OF DEFENDANT HEWITT SOAP WORKS, INC., TO DISMISS THE AMENDED COMPLAINT (DOC. #153), AND DISMISSING CLAIMS AGAINST HEWITT SOAP WORKS, INC., WITHOUT PREJUDICE; OVERRULING MOTION TO DISMISS OF VAN DYNE-CROTTY CO. (DOC. #172); PLAINTIFFS GIVEN LEAVE TO FILE SECOND AMENDED COMPLAINT AGAINST DEFENDANT HEWITT SOAP WORKS, INC., SUBJECT TO THE STRICTURES OF FED. R. CIV. P. 11, WITHIN 20 CALENDAR DAYS FROM DATE OF ORDER. Signed by Judge Walter H Rice on 02/18/14. (pb1)
February 18, 2014
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DECISION AND ENTRY OVERRULING MOTION OF DEFENDANT CARGILL, INC., FOR SUMMARY JUDGMENT (DOC. #106), WITHOUT PREJUDICE TO REFILING ONCE PLAINTIFFS HAVE COMPLETED DISCOVERY. Signed by Judge Walter H Rice on 02/18/14. (pb1)
March 12, 2014
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DECISION AND ENTRY SUSTAINING MOTION OF DEFENDANT, THE DAYTON POWER AND LIGHT COMPANY, SEEKING AN AWARD OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT NOT TO BEQUANTIFIED UNTIL THE RESOLUTION OF THIS LITIGATION (DOC. #176); FURTHER REQUEST THAT THE COURT ORDER SEQUESTRATION OF DEPOSITION TRANSCRIPT IN QUESTION OVERRULED AS MOOT. Signed by Judge Walter H Rice on 3/12/2014. (gh1)
September 15, 2014
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DECISION AND ENTRY OVERRULING DEFENDANT DAP PRODUCTS INC'S MOTION FOR SUMMARY JUDGMENT [DOC. #266] WITHOUT PREJUDICE TO REFILING ONCE PLAINTIFFS HAVE COMPLETEDDISCOVERY ORDER. Signed by Judge Walter H Rice on 9/12/2014. (gh1)
October 16, 2014
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DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION TO DISMISS ALL COUNTERCLAIMS (DOC. #240); CONSTRUING SCOPE OF PLAINTIFFS' DECLARATORY JUDGMENT CLAIM; OVERRULING AS MOOT DEFENDANTS' REQUEST FOR PRETRIAL CONFERENCE (DOC. #265). Signed by Judge Walter H Rice on 10/16/14. (pb1)
August 24, 2016
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PHARMACIA LLC'S MOTION TO COMPEL DISCOVERY AND FOR A PROTECTIVE ORDER (DOC. #408); MEMORIALIZING OTHER DISCOVERY RULINGS MADE DURING AUGUST 23, 2016, CONFERENCE CALL. Signed by Judge Walter H. Rice on 8/23/16. (kma)
September 26, 2016
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C.'S RENEWED MOTION TO DISMISS KIMBERLY-CLARK'S CROSS-CLAIMS (DOC.#454), DAP PRODUCTS INC.'S MOTION TO DISMISS COCA-COLA'S CROSS-CLAIM (DOC. #472); AMENDING OMNIBUS SCHEDULING ORDER (DOC. #373) TO GIVE PARTIES THE OPPORTUNITY TO FILE CROSSCLAIMS NO LATER THAN NOVEMBER 1, 2016. Signed by Judge Walter H. Rice on 9/26/16. (pb) Modified on 10/6/2016 (kma).DECISION AND ENTRY OVERRULING DAP PRODUCTS INC.'S MOTION TO DISMISS KIMBERLY-CLARK'S CROSS-CLAIM (DOC.#398), DEFENDANT FRANKLIN IRON AND METAL CORPORATION'S MOTION TO DISMISS CROSS CLAIM OF DEFENDANT KIMBERLY CLARK (DOC. #400), DEFENDANT VAN DYNE-CROTTY CO.'S MOTION TO DISMISS CROSS CLAIM OF DEFENDANT, KIMBERLY CLARK (DOC. #401), DEFENDANT BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC'S MOTION TO DISMISS KIMBERLY-CLARK'S CROSS-CLAIM (DOC. #404), DAP PRODUCTS IN
November 23, 2016
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ORDER GRANTING DISMISSAL WITH PREJUDICE OF DEFENDANT NEWMARK LLC - THE COURT, having reviewed the Stipulation of Dismissal with Prejudice signed by counsel for Defendant Newmark LLC and counsel for Defendant Pharmacia LLC hereby Orders that all claims between Newmark LLC and Pharmacia are dismissed with prejudice, without an award of fees and costs to either party. Signed by Judge Walter H. Rice on 11/23/16. (pb)
December 6, 2016
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DECISION AND ENTRY SUSTAINING IN PART PLAINTIFFS' MOTION IN LIMINE OR,IN THE ALTERNATIVE, TO ALLOW A SECOND DEPOSITION OF EDWARD GRILLOT (DOC. #488)- As discussed with counsel during the conference call held on November 15, 2016, the Court SUSTAINS IN PART Plaintiffs' Motion in Limine or, in the Alternative, to Allow a Second Deposition of Edward Grillot. Doc. #488. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A)(ii), because of Mr. Grillot'sdeclining health, Plaintiffs are granted leave to take a second deposition, limited to four hours, and limited to testimony concerning the Dayton Daily News, Dayton Journal Herald and McCall. Defendants Cox Media Group Ohio, Inc., and ConAgra Grocery Products Company, LLC, may participate in that deposition.Signed by Judge Walter H. Rice on 12/5/16. (kma)
January 9, 2017
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STIPULATED PROTECTIVE ORDER APPLICABLE TO PLAINTIFFS AND DAP PRODUCTS INC. re 616. Signed by Judge Walter H. Rice on 1/9/17. (kma)
March 21, 2017
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DECISION AND ENTRY RESOLVING DISCOVERY DISPUTES; SETTING FORTH FUTURE PROCEDURES INVOLVING EXECUTIVE COMMITTEE - Accordingly, from now on, when the Executive Committee wishes to schedule a conference call, it will notify the courtroom deputy about the topics to be discussed. The courtroom deputy will then send a notice of the conference call to all counsel of record, along with a summary of the agenda. If counsel other than the Executive Committee wish to participate in the conference call, they shall notify the courtroom deputy by telephone or email no later than 24 hours before the conference call is to take place. Signed by Judge Walter H. Rice on 3/21/2017. (srb)
March 21, 2017
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AMENDED OMNIBUS SCHEDULING ORDER - For good cause shown, the Omnibus Scheduling Order, Doc. # 373, is AMENDED as follows: Contention interrogatories to be served by: March 31, 2017. All fact discovery to be completed by: May 15, 2017. Deadline for filing Motions for Summary Judgment (based only on lay witnesses): June 14, 2017. Plaintiffs' primary expert designations to be made by: June 30, 2017. Defendants' primary expert designations to be made by: September 29, 2017.All rebuttal expert designations to be made by: November 7, 2017.All expert witness discovery to be completed by: January 30, 2018. Deadline for filing Motions for Summary Judgment (based on fact witnesses and expert witnesses): March 2, 2018. Cut-off date for all other pretrial motions, i.e., motions in limine, motions for a view, etc. June 15, 2018. Joint Final Pretrial Order by parties to be filed by: June 22, 2018.Trial exhibits to be exchanged by: June 25, 2018.Final Pretrial Conference to be held by telephone conference call or in chambers (depending on the number of parties remaining at the time) on: June 29, 2018, at 4:00 p.m.Deadline for submitting proposed jury instructions (to include verdict forms and interrogatories) to the Court in both hard copy and diskette form: At least 10 days prior to trial.Deadline for submitting original copies of depositions, with designations that counsel intend to use at trial: At least 10 days prior to trial. Deadline for submitting counter-designations: At least 5 days prior to trial.Trial on the merits, to the Court, beginning: July 16, 2018. NO FURTHER EXTENSIONS will be granted, absent exigent circumstances. Signed by Judge Walter H. Rice on 3/21/2017. (srb)
March 23, 2017
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STIPULATED PROTECTIVE ORDER BETWEEN DAYTON POWER AND LIGHT COMPANY AND COCA-COLA REFRESHMENTS USA. INC. Signed by Judge Walter H. Rice on 3/22/17. (pb)
April 6, 2017
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AMENDED ORDER - In accordance with the Court's March 1, 2017 Notation Order sustaining Plaintiffs' Motion for Leave to File Sixth Amended Complaint [Doc. # 642], it is hereby ORDERED THAT: The Sixth Amended Complaint and the Fifth Amended Complaint are identical with respect to the defendants named in the Fifth Amended Complaint, and those defendants may not file a motion to dismiss or Answer with respect to the Sixth Amended Complaint. Dcfondants' Answers to the Fifth Amended Complaint shall be deemed the Answers to the Sixth Amended Complaint. Signed by Judge Walter H. Rice on 4/6/2017. (srb)
July 14, 2017
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R BRIEF EXTENSION OF FACT DISCOVERY AS TO PLAINTIFFS NCRCORP. AND KELSEY-HAYES CO. ONLY (DOC. #650); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION TO COMPEL DEPOSITION TESTIMONY FROM PLAINTIFFS NCR CORDECISION AND ENTRY MEMORIALIZING JULY 6, 2017, CONFERENCE CALL; SUSTAINING DEFENDANT PHARMACIA'S MOTION TO COMPEL RESPONSES TO ITS CONTENTIONINTERROGATORIES (DOC. #647) ; OVERRULING AS MOOT DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION FOP. AND KELSEY-HAYES CO.'S FED. R. CIV. P. 30(b)(6) WITNESSES OR, ALTERNATIVELY, FROM THEIR COUNSEL, LARRY SILVER (DOC. #651 ); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT WASTE MANAGEMENT OF OHIO'S MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO. (DOC. #652); SUSTAINING PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AGAINST DEFENDANT PHARMACIA LLC (DOC. #654). Signed by Judge Walter H. Rice on 7/13/17. (kma)
August 24, 2017
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DECISION AND ENTRY SETTING FORTH RULINGS FOLLOWING IN CAMERA REVIEW OF VARIOUS DISCOVERY DOCUMENTS- Having reviewed Kelsey-Hayes' response to the interrogatory, the Court finds no reason why the information sought by DP&L should not be provided.DP&L. Signed by Judge Walter H. Rice on 8/24/17. (kma) It is relevant to the equitable allocation of response costs, and is not protected by the attorney-client privilege, the work product doctrine or any other applicable privilege. Accordingly, Kelsey-Hayes shall serve its Response to Interrogatory on
August 24, 2017
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ORDER - ORDERED THAT: 1. Coca-Cola Refreshments USA, Inc:s Motion is GRANTED. 768 2. Coca-Cola Refreshments USA, Inc.'s Sur-Surreply Brief In Suppo1t of Its Amended Motion for Summary Judgment, which is Exhibit "A" to its Motion, is deemed filed this date. Signed by Judge Walter H. Rice on 8/24/17. (pb)
August 29, 2017
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS' MOTION TO DISMISS COUNTERCLAIMS TO FIFTH AMENDED COMPLAINT (DOC. #473); SUSTAININGPLAINTIFFS' MOTION TO DISMISS FLOWSERVE'S PROTECTIVE AND CONTINGENT COUNTERCLAIM TO PLAINTIFFS' FIFTH AMENDED COMPLAINT (DOC. #535)- For the reasons set forth above, the Court SUSTAINS Plaintiffs' Motion to Dismiss Flowserve's Protective and Contingent Counterclaim to Plaintiffs' FifthAmended Complaint. Doc. #535. The Court SUSTAINS IN PART and OVERRULES IN PART Plaintiffs' Motion to Dismiss Counterclaims to Plaintiffs' Fifth Amended Complaint. Doc. #473. To the extent that Defendants seek contribution from Plaintiffs for the cost of identifying other PRPs, the Court will allow the counterclaims to proceed. However, to the extent that Defendants seek contribution from Plaintiffs for any future response costs for which Defendants may be held liable, the Court finds that the counterclaims are premature and must be dismissed without prejudice to refiling in a subsequent lawsuit.To the extent that DP&L and Valley Asphalt seek to recover response costsincurred as a result of releases or threatened releases from the Site onto their own properties, the Court finds that these Defendants' factual allegations are insufficient to state a claim upon which relief can be granted. Nevertheless, DP&L and Valley Asphalt may seek leave to amend the counterclaims within 30 days of the date of this Decision and Entry.Signed by Judge Walter H. Rice on 8/29/17. (kma)
September 27, 2017
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ORDER SETTING ORAL ARGUMENT ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AGAINST DEFENDANT THE SHERWIN-WILLIAMS COMPANY (DOC. #740) - On October 3, 2017, at 11 :00 a.m., the Court will hold a 20-minute telephonic oral argument on Plaintiffs' Motion to Compel Production of DocumentsAgainst Defendant The Sherwin-Williams Company, Doc. #740. Counsel should be prepared to address the discoverability of the chemical composition of Sherwin-Williams' paints, and the burdensomeness of Plaintiffs' request.. Signed by Judge Walter H. Rice on 9/26/17. (kma)
November 9, 2017
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ORDER - Upon consideration of Agreed Motion of Defendant The Dayton Power & Light Company, Inc. for 7-Day Extension of Time to Respond to Plaintiffs ' Motion to Dismiss Its Amended Counterclaim, 806 it is hereby ORDERED that said Motion is GRANTED. Signed by Judge Walter H. Rice on 11/9/17. (pb)
November 28, 2017
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DECISION AND ENTRY OVERRULING AS MOOT PLAINTIFFS' MOTION TO SUPPLEMENT DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S SUMMARY JUDGMENT RECORD (DOC. #802)- Plaintiffs filed a Motion to Supplement Defendant The Sherwin-WilliamsCompany's Summary Judgment Record, Doc. #802, by including Sherwin- Williams' Answers and Supplemental Answers to Plaintiffs' Interrogatories No. 5 and No. 6. As Sherwin-Williams notes, however, these Answers were identified and marked as exhibits at Scott Thomas's deposition and were filed with the Court as Doc. #678, PagelD##11017-18. Accordingly, Plaintiffs' Motion to Supplement The Sherwin-Williams Company's Summary Judgment Record, Doc. #802, is OVERRULED AS MOOT.Signed by Judge Walter H. Rice on 11/27/17. (kma)
November 30, 2017
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DECISION AND ENTRY OVERRULING THE FOLLOWING WITHOUT PREJUDICE TO REFILING AFTER EXPERT DISCOVERY IS COMPLETED: HARRIS CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #677); DEFENDANT COX MEDIA GROUP OHIO, INC.'S, MOTION FOR SUMMARY JUDGMENT (DOC. #679); WASTE MANAGEMENT OF OHIO, INC. 'S, MOTION FOR SUMMARY JUDGMENT ON BEHALF OF BLAYLOCK TRUCKING COMPANY, INC. (DOC. #686); DEFENDANT THE SHERWIN-WILLIAMS COMPANY'S MOTION FOR SUMMARY JUDGMENT (DOC. #687); AND DEFENDANT FRANKLIN IRON AND METAL CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #698) DECISION AND ENTRY SUSTAINING THE FOLLOWING: DEFENDANT DAYTON INDUSTRIAL DRUM, INC. 'S, MOTION FOR SUMMARY JUDGMENT (DOC. #690); DEFENDANT COCA-COLA REFRESHMENTS USA, INC. 'S, AMENDED MOTION FOR SUMMARY JUDGMENT (DOC. #695); AND FLOWSERVE CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. #696); DISMISSING ALL CLAIMS AND CROSS-CLAIMS AGAINST THESE DEFENDANTS WITH PREJUDICE. Signed by Judge Walter H. Rice on 11/29/17. (pb)
December 11, 2017
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART CERTAIN DEFENDANTS' JOINT MOTION TO STAY ADJUDICATION OF CLAIMS ASSOCIATED WITH THE 2016 ADMINISTRATIVE SETTLEMENT AND ORDER ON CONSENT (DOC. 780. Signed by Judge Walter H. Rice on 12/11/17. (pb)
December 21, 2017
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DECISION AND ENTRY OVERRULING AS MOOT PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AGAINST DEFENDANT THE SHERWIN-WILLIAMS COMPANY (DOC. #740)- As discussed during the conference call held on December 20, 2017, the parties have reached an agreement concerning the discovery dispute betweenPlaintiffs and Defendant Sherwin-Williams.. Signed by Judge Walter H. Rice on 12/20/17. (kma)