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15-036 - Garrett Day LLC et al v. International Paper Company et al


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15-036 - Garrett Day LLC et al v. International Paper Company et al
May 19, 2015
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dismissal does not prejudice Plaintiffs' claims against the remaining defendants or otherwise render this lawsuit invalid or defective under the pleading requirements of the V AP. Signed by Judge Walter H Rice on 05/15/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)ORDERED - granting 58 Motion to Dismiss - and it is further ORDERED that, pursuant to FRCP 41(a)(2), Defendant Fraser Papers, Inc., is DISMISSED from this action with each party to bear its own fees and costs; and it is further, ORDERED that such
November 19, 2015
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DECISION AND ENTRY OVERRULING AS MOOT THE MOTION TO DISMISS OF NAMED DEFENDANTS AETNA PAPER COMPANY, CHAMPION INTERNATIONAL CORPORATION, HOWARD PAPER MILLS, INC., AND ST. REGIS PAPER COMPANY (DOC. # 76) - Given that International Paper Company has stipulated that it has succeeded to the liability, if any, of its predecessor entities, Doc. # 125, and the Court has dismissed those predecessor entities from this action, Doc. # 126, the Court OVERRULES AS MOOT the Motion to Dismiss that was previously filed by those entities, Aetna Paper Company, Champion International Corporation, Howard Paper Mills, Inc., and St. Regis Paper Company, Doc. # 76. Signed by Judge Walter H. Rice on 11/18/2015. (srb)
February 12, 2016
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DECISION AND ENTRY SUSTAINING DEFENDANT BPM PAPER, INC.'S MOTION TO DISMISS (DOC. #87),WITH PREJUDICE. Signed by Judge Walter H. Rice on 2/11/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 1, 2016
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DECISION AND ENTRY SUSTAINING DEFENDANT INTERNATIONAL PAPER COMPANY'S MOTION TO DISMISS (DOC. #75); SUSTAINING MOTION TO DISMISS BY DEFENDANTS FOX VALLEYCORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH PAPER, INC. (DOC. #92); DISMISSING PLAINTIFFS' CERCLA CLAIMS WITHOUT PREJUDICE; DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS; GIVING PLAINTIFFS 20 DAYS TO SEEK LEAVE TO FILE AN AMENDED COMPLAINT; CASE TO REMAIN PENDING UNTIL THAT TIME; VACATING MARCH 7, 2016, CONFERENCE CALL. Signed by Judge Walter H. Rice on 2/29/2016. (srb)
February 15, 2017
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART: (1) MOTION TO DISMISS FIRST AMENDED COMPLAINT BY DEFENDANTS FOX VALLEY CORPORATION, FOX RIVER PAPER COMPANY, FOX RIVER PAPER SALES COMPANY, AND NEENAH PAPER, INC. (DOC. #147); AND (2) DEFENDANT INTERNATIONAL PAPER COMPANY'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT (DOC. #148)- Plaintiffs have stated plausible claims for relief under § 107(a) of CERCLA, and under Ohio Revised Code § 3746.23(8). They have also asserted a plausible claim of successor liability against the Neenah Defendants. These claims therefore remain pending. Plaintiffs' common law nuisance claim, however, is DISMISSED WITH PREJUDICE.Signed by Judge Walter H. Rice on 2/15/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 15, 2017
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REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: The HPP Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(c) be DENIED. Objections to R&R due by 11/29/2017. Signed by Magistrate Judge Sharon L. Ovington on 11/15/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 1, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #189); OVERRULING MOTION TO DISMISS OF DEFENDANTS HPP, INC., HARRISON HOLDINGS LIMITED PARTNERSHIP, AND HPM INVESTORS, INC., PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) AND 12(c) (DOC. #177). Signed by Judge Walter H. Rice on 11/30/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 8, 2018
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ORDER OF REFERENCE - Pursuant to 28 U.S.C. §636(b )( I )(A),(B), and(C), and §636(b )(3 ), the above-captioned action is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator.Signed by Judge Walter H. Rice on 1/8/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)