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Breeze-Eastern Corp.
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Order | Filed: November 20, 2023 | Entered: November 20, 2023 New York American Water Company, Inc. v. The Dow Chemical Company et al
Tort Product Liability | New York Eastern
Order on Motion to Withdraw
ORDER granting (425) Motion to Withdraw. The Court deems withdrawn as moot in light of the pending settlement plaintiff Suffolk County Water Authority's ("SCWA") Daubert motions (Dkt. 414) directed at the Proctor and Gamble Company's ("P&G") expert witness, Wahid Khan, and Shell Oil Company's ("Shell") expert witness, Michael H. Berman; and P&G's Daubert motion (Dkt. 413) directed at SCWA's expert witness, David A. Rockstraw. All pending deadlines with respect to P&G and Shell are stayed pending consummation of the settlement, including the Daubert motion (Dkt. 417) directed at P&G's expert witness, Wahid Khan, which was served on behalf of defendants Ferro Corporation, The Dow Chemical Company, and Vulcan Materials. Ordered by Magistrate Judge James R. Cho on 11/20/2023. Associated Cases: 2:17-cv-06980-NG-JRC et al. (JDP)
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Order | Filed: October 30, 2023 | Entered: October 30, 2023 New York American Water Company, Inc. v. The Dow Chemical Company et al
Tort Product Liability | New York Eastern
Order(Other)
ORDER: I have reviewed the parties' submissions regarding trial structure in the Suffolk County Water Authority case [404, 405, 406, 418, 419, 421].
While, of course, the resolution of the forthcoming Daubert and summary judgment motions may affect the determination of an appropriate trial structure, and may require revisiting this ruling, I conclude that it would be salutary to make a decision on trial structure now, in accordance with the agreed-upon scheduling order 358.
Plaintiff's proposal for a single trial on all wells is adopted. Plaintiff has prepared its case with a single trial in mind and intends to use the same theories and evidence for all 286 wells. Plaintiff will either succeed or fail in that proposal. But if Plaintiffs theories survive Daubert and summary judgment motions, it would be a highly inefficient use of the time of the court, jurors, and parties, to adopt the competing proposal put forth by Manufacturing Defendants for trial of only 10 wells at a time.
I am not persuaded by Manufacturing Defendants' argument that Plaintiff's proposal should not be adopted because Defendants are entitled to present their defenses on a well-specific basis. Even in a single trial on all the wells, Defendants may present their defenses on a well-specific basis if they so choose.
(Ordered by Judge Nina Gershon on 10/27/2023) Associated Cases: 2:17-cv-06980-NG-JRC et al. (RG)
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Order | Filed: October 17, 2023 | Entered: October 17, 2023 New York American Water Company, Inc. v. The Dow Chemical Company et al
Tort Product Liability | New York Eastern
Scheduling Order
ORDER re 423 : The parties' proposal regarding the prioritization of non-SCWA cases is So Ordered. See attached Order.
By 1/22/2024, the parties shall complete Rule 30(b)(6) depositions in the cases brought by Bethpage Water District, Board of Commissioners of the Manhasset-Lakeville Water District, and South Farmingdale Water District.
By 7/22/2024, the parties shall complete fact discovery in the nine "Phase 1 Cases" (as defined in the attached Order).
By 8/22/2024 or 30 days after all Daubert motions are decided in the SCWA action, whichever date is later, the parties shall submit a joint proposal regarding the selection of two "Phase 1 Cases" to advance for expert discovery and trial (or, if the parties cannot agree, separate proposals of one case per side to advance), including proposed deadlines for the completion of expert discovery, Daubert and dispositive motion practice.
The Court stays party discovery in the 17 "Stayed Cases" listed at Dkt. 423 at 2. Ordered by District Judge Nina Gershon and Magistrate Judge James R. Cho on 10/17/2023. Associated Cases: 2:17-cv-06980-NG-JRC et al. (JP)
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