Graham et al v. DuPont de Nemours, Inc. et al
| Laurence J Graham, Laurence John Graham, Larry Graham and Betty Patrick Graham |
| DuPont de Nemours, Inc., Dow Chemical Company, Dow, Inc., Corteva, Inc., Chemours Company, Iluka Resources, Inc., Tronox, LLC, Huntsman Corporation, Kronos (US), Inc., Kronos Worldwide, Inc., Titanium Metals Corporation, Venator Materials, LLC, Venator Materials, plc, Occidental Petroleum Corporation, Ineos Pigments USA Inc., Kinder Morgan, Inc., DOES 1-25 inclusive, Tronox, PLC and Tronox LLC |
| 3:2024cv01551 |
| March 13, 2024 |
| U.S. District Court for the Northern District of California |
| Rita F Lin |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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| Filing 59 NOTICE by Ineos Pigments USA Inc. NOTICE OF REMOVAL OF ATTORNEY MATTHEW E. VOSS AS ATTORNEY OF RECORD FOR INEOS PIGMENTS USA, INC. (Longo, Dan) (Filed on 5/1/2024) |
| Filing 58 NOTICE of Appearance by Dan Leroy Longo (Longo, Dan) (Filed on 5/1/2024) |
| #Electronic filing error. Attorney Dan Longo must update ECF profile with current contact information. [err102] Re: #58 Notice of Appearance filed by Ineos Pigments USA Inc. (cjl, COURT STAFF) (Filed on 5/1/2024) |
Filing 57
ORDER DIRECTING LAURENCE J. GRAHAM TO PROVIDE ADDITIONAL INFORMATION AND FOR PLAINTIFFS TO RESPOND TO MOTIONS TO DISMISS. Oppositions to the Motions to Dismiss (dkt. nos. #7 , #12 , #13 , #21 , #22 , #24 , #29 , and #39 ) due by 5/20/2024. Replies due within 14 days of Plaintiffs' Oppositions. Signed by Judge Rita F. Lin on 4/19/2024. (mkl, COURT STAFF) (Filed on 4/19/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 56
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Rita F. Lin for all further proceedings. Judge Charles R. Breyer no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 4/17/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 4/17/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 55
ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 4/15/2024. (ls, COURT STAFF) (Filed on 4/15/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 54
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 4/10/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 4/10/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 53 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. The Clerk will now reassign this case to a United States District Judge because one or more of the parties has sought a type of judicial action (e.g., a temporaryrestraining order) that a United States Magistrate Judge may not take without the consent of all parties, the necessary consents have not been secured, and time is of the essence. (shy, COURT STAFF) (Filed on 4/10/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 52
ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Alex G. Tse: granting #49 Application. (shy, COURT STAFF) (Filed on 4/10/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 51 REPLY (re #7 MOTION to Dismiss for Lack of Jurisdiction (Personal) (FRCP 12(b)(2)), or in the Alternative, Failure to State a Claim (FRCP 12(b)(6) ) [Unopposed Motion to Dismiss] filed byKinder Morgan, Inc.. (Mortl, Andrew) (Filed on 4/10/2024) |
| Filing 50 REPLY (re #29 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Venue, and Failure to State a Claim (FRCP 12(b)(2), (3), (6)) ) [Unopposed Motion to Dismiss] filed byChemours Company, Corteva, Inc., Dow Chemical Company, Dow, Inc., DuPont de Nemours, Inc.. (Glynn, Clement) (Filed on 4/10/2024) |
| Filing 49 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number BCANDC-19297880.) filed by Iluka Resources, Inc.. (Attachments: #1 Certificate of Good Standing)(Lamberson, Jeffrey) (Filed on 4/8/2024) |
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Filing 48
Order. Signed 4/4/2024 by Magistrate Judge Alex G. Tse granting #47 Motion for Pro Hac Vice for George P. Sibley, III.(klh, COURT STAFF) (Filed on 4/4/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 47 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19289479.) filed by Iluka Resources, Inc.. (Attachments: #1 Certificate of Good Standing)(Sibley, George) (Filed on 4/4/2024) |
| Filing 46 NOTICE of Appearance by Dawson Patrick Honey [as counsel for defendants DuPont de Nemours, Inc., Corteva, Inc. the Chemours Company, and The Dow Chemical Company] (Honey, Dawson) (Filed on 3/25/2024) |
| #Electronic filing error. Attorney Dawson P. Honey must file his own Notice of Appearance. [err102] This portion of the filing will not be processed by the clerks office. Re: #44 Notice of Appearance filed by Chemours Company, DuPont de Nemours, Inc., Dow Chemical Company, Corteva, Inc. (cjl, COURT STAFF) (Filed on 3/25/2024) |
| Filing 45 NOTICE of Appearance by Andrew Thomas Mortl (Mortl, Andrew) (Filed on 3/22/2024) |
| Filing 44 NOTICE of Appearance by Clement L. Glynn and Dawson P. Honey (Glynn, Clement) (Filed on 3/22/2024) |
| Filing 43 NOTICE of Appearance by Lindsey Elizabeth Kress (Attachments: #1 Certificate/Proof of Service)(Kress, Lindsey) (Filed on 3/21/2024) |
| Filing 42 NOTICE of Appearance by R. Morgan Gilhuly (Attachments: #1 Certificate/Proof of Service Notice of Appearance of R. Morgan Gilhuly)(Gilhuly, R.) (Filed on 3/21/2024) |
| Filing 41 CERTIFICATE OF SERVICE by Venator Materials, LLC, Venator Materials, plc re #36 Certificate of Interested Entities, #39 MOTION to Dismiss , #40 Request for Judicial Notice, #37 Certificate of Interested Entities,, #35 Notice of Appearance, #38 Consent/Declination to Proceed Before a US Magistrate Judge (Feldman, Steven) (Filed on 3/20/2024) |
| Filing 40 Request for Judicial Notice re #39 MOTION to Dismiss filed byVenator Materials, LLC, Venator Materials, plc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #39 ) (Feldman, Steven) (Filed on 3/20/2024) |
| Filing 39 MOTION to Dismiss filed by Venator Materials, LLC, Venator Materials, plc. Motion to Dismiss Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Declaration of Sean Pettey, #2 Proposed Order)(Feldman, Steven) (Filed on 3/20/2024) |
| Filing 38 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Venator Materials, LLC, Venator Materials, plc.. (Feldman, Steven) (Filed on 3/20/2024) |
| Filing 37 Certificate of Interested Entities by Venator Materials, LLC, Venator Materials, plc identifying Other Affiliate Kenneth Griffin, Other Affiliate Citadel Equity Fund Ltd., Other Affiliate Capital World Investors, Other Affiliate Citadel Advisors LLC, Other Affiliate Citadel GP LLC, Other Affiliate PGIM, Inc., Other Affiliate Prudential Investment Portfolios, Inc. 15, on behalf of PGIM High Yield Fund, Other Affiliate Arini Credit Master Fund Limited, Other Affiliate Citadel Advisors Holdings LP, Other Affiliate Prudential Financial, Inc. for Venator Materials, LLC, Venator Materials, plc. (Feldman, Steven) (Filed on 3/20/2024) |
| Filing 36 Corporate Disclosure Statement by Venator Materials, LLC, Venator Materials, plc identifying Corporate Parent Venator Materials, plc for Venator Materials, LLC; Other Affiliate Prudential Financial, Inc. for Venator Materials, plc. (Feldman, Steven) (Filed on 3/20/2024) |
| Filing 35 NOTICE of Appearance by Steven N. Feldman (Feldman, Steven) (Filed on 3/20/2024) |
| Filing 34 CERTIFICATE OF SERVICE by Chemours Company, Corteva, Inc., Dow Chemical Company, DuPont de Nemours, Inc. re #32 Certificate of Interested Entities, #30 Consent/Declination to Proceed Before a US Magistrate Judge, #29 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Venue, and Failure to State a Claim (FRCP 12(b)(2), (3), (6)) Certificate/Proof of Service by U.S. Mail (Glynn, Clement) (Filed on 3/20/2024) |
| Filing 33 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Iluka Resources, Inc... (Attachments: #1 Certificate/Proof of Service)(Evans, Karen) (Filed on 3/20/2024) |
| Filing 32 Corporate Disclosure Statement by Chemours Company, Corteva, Inc., Dow Chemical Company, DuPont de Nemours, Inc. identifying Corporate Parent Dow Inc. for Dow Chemical Company; Other Affiliate BlackRock, Inc. for Chemours Company. (Glynn, Clement) (Filed on 3/20/2024) |
| Filing 31 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ineos Pigments USA Inc... (Voss, Matthew) (Filed on 3/20/2024) |
| Filing 30 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chemours Company, Corteva, Inc., Dow Chemical Company, DuPont de Nemours, Inc... (Glynn, Clement) (Filed on 3/20/2024) |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Venue, and Failure to State a Claim (FRCP 12(b)(2), (3), (6)) filed by Chemours Company, Corteva, Inc., Dow Chemical Company, DuPont de Nemours, Inc.. Motion Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Glynn, Clement) (Filed on 3/20/2024) |
| Filing 28 Defendant Ineos Pigments USA Inc.'s ANSWER to Complaint (Notice of Removal) Amended Complaint & Demand for Jury Trial by Ineos Pigments USA Inc.. (Voss, Matthew) (Filed on 3/20/2024) |
| Filing 27 Rule 7.1 Disclosures by Occidental Petroleum Corporation identifying Other Affiliate Berkshire Hathaway,Inc. for Occidental Petroleum Corporation. (Haldeman, Emily) (Filed on 3/20/2024) |
| Filing 26 Certificate of Interested Entities by Occidental Petroleum Corporation (Haldeman, Emily) (Filed on 3/20/2024) |
| Filing 25 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Titanium Metals Corporation.. (Whitten, Matthew) (Filed on 3/20/2024) |
| Filing 24 MOTION to Dismiss filed by Occidental Petroleum Corporation. Motion to Dismiss Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Declaration DECLARATION OF EMILY HALDEMAN IN SUPPORT OF DEFENDANT OCCIDENTAL PETROLEUM CORPORATIONS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, #2 Exhibit Exhibit A to Declaration of Emily Haldeman, #3 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANT OCCIDENTAL PETROLEUM CORPORATIONS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, #4 Certificate/Proof of Service Certificate of Service)(Haldeman, Emily) (Filed on 3/20/2024) |
| Filing 23 Proposed Order re #12 MOTION to Dismiss and Notice of Lodgment by Kronos (US), Inc., Kronos Worldwide, Inc.. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Tom, Meagan) (Filed on 3/20/2024) |
| Filing 22 MOTION to Dismiss filed by Titanium Metals Corporation. Motion to Dismiss Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Declaration Declaration of Matthew G. Whitten, #2 Proposed Order)(Whitten, Matthew) (Filed on 3/20/2024) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction (the Amended Complaint) filed by Iluka Resources, Inc.. Motion Hearing set for 4/26/2024 02:00 PM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Declaration of Joseph Mullins in Support, #2 Proposed Order, #3 Certificate/Proof of Service)(Evans, Karen) (Filed on 3/20/2024) |
| Filing 20 Notice of Withdrawal of Motion (Martinovich, Edward) (Filed on 3/20/2024) |
| Filing 19 CERTIFICATE OF SERVICE by Tronox LLC (Martinovich, Edward) (Filed on 3/20/2024) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tronox LLC.. (Martinovich, Edward) (Filed on 3/20/2024) |
| Filing 17 Certificate of Interested Entities by Tronox LLC identifying Corporate Parent Tronox Incorporated for Tronox LLC. (Martinovich, Edward) (Filed on 3/20/2024) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kronos (US), Inc., Kronos Worldwide, Inc... (Attachments: #1 Certificate/Proof of Service of Consent to Magistrate Judge Jurisdiction)(Tom, Meagan) (Filed on 3/20/2024) |
| Filing 15 Certificate of Interested Entities by Kronos (US), Inc., Kronos Worldwide, Inc. identifying Corporate Parent NL Industries, Inc., Corporate Parent Contran Corporation ("Contran"), Corporate Parent Kronos (US), Inc., Corporate Parent Valhi, Inc. for Kronos Worldwide, Inc.. (Attachments: #1 Certificate/Proof of Service of Certificate of Interested Parties)(Tom, Meagan) (Filed on 3/20/2024) |
| Filing 14 NOTICE of Appearance by Edward Martinovich (Martinovich, Edward) (Filed on 3/20/2024) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by Tronox LLC. Motion Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Supplement Memordandum of Points and Authorities, #2 Declaration Edward Martinovich, #3 Exhibit A-) Verified Amended Complaint, #4 Exhibit B-)Betty P. Grahams valid 7/18/14 Florida General Durable Power of Attorney, #5 Declaration Steven Kaye, #6 Proposed Order)(Martinovich, Edward) (Filed on 3/20/2024) Modified on 3/21/2024 (cjl, COURT STAFF). Modified on 3/21/2024 (cjl, COURT STAFF). |
| Filing 12 MOTION to Dismiss and Notice filed by Kronos (US), Inc., Kronos Worldwide, Inc.. Motion to Dismiss Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Certificate/Proof of Service of Kronos (US) Inc. and Kronos Worldwide Inc.'s Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint in Support)(Tom, Meagan) (Filed on 3/20/2024) |
| Filing 11 ***DISREGARD, DOCUMENT RE-FILE AT DOCKET ENTRY #13 *** MOTION to Dismiss for Lack of Jurisdiction filed by Tronox, PLC. Motion Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Supplement Memordandum of Points and Authorities, #2 Declaration Edward Martinovich, #3 Exhibit A-) Verified Amended Complaint, #4 Exhibit B-) Betty P. Grahams valid 7/18/14 Florida General Durable Power of Attorney, #5 Declaration Steven Kaye, #6 Proposed Order)(Martinovich, Edward) (Filed on 3/20/2024) Modified on 3/21/2024 (cjl, COURT STAFF). |
| Filing 10 CERTIFICATE OF SERVICE by Kinder Morgan, Inc. re #9 Certificate of Interested Entities, #8 Consent/Declination to Proceed Before a US Magistrate Judge, #7 MOTION to Dismiss for Lack of Jurisdiction (Personal) (FRCP 12(b)(2)), or in the Alternative, Failure to State a Claim (FRCP 12(b)(6) and Supporting Documents [Dkt 7-1 and 7-2] (Mortl, Andrew) (Filed on 3/20/2024) |
| Filing 9 Corporate Disclosure Statement by Kinder Morgan, Inc. (Mortl, Andrew) (Filed on 3/20/2024) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kinder Morgan, Inc... (Mortl, Andrew) (Filed on 3/20/2024) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction (Personal) (FRCP 12(b)(2)), or in the Alternative, Failure to State a Claim (FRCP 12(b)(6) filed by Kinder Morgan, Inc.. Motion Hearing set for 5/10/2024 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Mortl, Andrew) (Filed on 3/20/2024) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/7/2024. Initial Case Management Conference set for 6/14/2024 02:00 PM in San Francisco, - Videoconference Only. (cjl, COURT STAFF) (Filed on 3/14/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 5 Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/28/2024. (jml, COURT STAFF) (Filed on 3/14/2024) |
| Filing 4 CERTIFICATE OF SERVICE by Iluka Resources, Inc. re #1 Notice of Removal, #2 Certificate of Interested Entities, #3 Certificate of Interested Entities (Evans, Karen) (Filed on 3/13/2024) |
| Filing 3 Certificate of Interested Entities by Iluka Resources, Inc. (Evans, Karen) (Filed on 3/13/2024) |
| Filing 2 Corporate Disclosure Statement by Iluka Resources, Inc. identifying Corporate Parent Iluka (USA) Investments Inc., Other Affiliate Associated Minerals Consolidated Investments, Other Affiliate Western Titanium Limited, Other Affiliate Associated Minerals Consolidated Ltd, Other Affiliate Iluka Midwest Limited, Other Affiliate Iluka Corporation Limited, Other Affiliate Iluka Resources Limited for Iluka Resources, Inc.. (Evans, Karen) (Filed on 3/13/2024) |
| Filing 1 NOTICE OF REMOVAL (with jury demand by plaintiff) from San Francisco Superior Court. Their case number is CGC-24-611963. (Filing fee $405 receipt number BCANDC-19218293). Filed by Iluka Resources, Inc. (Attachments: #1 Civil Cover Sheet)(Evans, Karen) (Filed on 3/13/2024) Modified on 3/14/2024 (cjl, COURT STAFF). |
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