Tennessee Riverkeeper Inc v. 3M Company (5:16-cv-01029)

COMPLAINT against 3M Company, BFI Waste Systems of Alabama LLC, City of Decatur Alabama, and Municipal Utilities Board of Decatur Morgan County Alabama (Filing fee $ 400; Receipt Number: B4601072421) filed by Tennessee Riverkeeper Inc. (Attachments: # 1 Exhibit A)(AHI) (Entered: 06/24/2016)

Summons Issued by the clerk and delivered via certified mail for service as to 3M Company, BFI Waste Systems of Alabama LLC, City of Decatur Alabama, and Municipal Utilities Board of Decatur Morgan County Alabama. (AHI) (Entered: 06/24/2016)

SUMMONS Returned Executed by Tennessee Riverkeeper Inc. City of Decatur Alabama served on 6/28/2016, answer due 7/19/2016. (SPT ) (Entered: 06/30/2016)

PHV Fee paid: $ 50, receipt number 1126-2656594 (B4601072601). (Fanciullo, Derek) Modified on 7/6/2016 (AHI).

MOTION for Leave for William C. Matsikoudis to Appear Pro Hac Vice by Tennessee Riverkeeper Inc. (Fanciullo, Derek) Modified on 7/5/2016 (SPT ). (Entered: 07/05/2016)

MOTION for Leave for Derek Fanciullo to Appear Pro Hac Vice by Tennessee Riverkeeper Inc. (Fanciullo, Derek) Modified on 7/5/2016 (SPT ). (Entered: 07/05/2016)

TEXT ORDER finding as moot 6 Motion for Leave to Appear Pro Hac Vice; finding as moot 7 Motion for Leave to Appear Pro Hac Vice; granting 9 Motion for Leave to Appear Pro Hac Vice of Derek Fanciullo; ; granting 10 Motion for Leave to Appear Pro Hac Vice of William C. Matsikoudis. Signed by Magistrate Judge Harwell G Davis, III on 7/5/16. (LBG, ) (Entered: 07/05/2016)

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT by 3M Company. (Cox, William) (Entered: 07/07/2016)

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, AMENDED UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT by 3M Company. (Cox, William) (Entered: 07/07/2016)

MOTION for Extension of Time to File Answer re 12 Summons Returned Executed or Otherwise Respond to the Complaint by BFI Waste Systems of Alabama LLC. (Scott, John) (Entered: 07/11/2016)

TEXT ORDER granting 17 Motion for Extension of Time to Answer. BFI Waste Systems of Alabama LLC answer due 7/29/2016. Signed by Magistrate Judge Harwell G Davis, III on 7/11/16. (LBG, ) (Entered: 07/11/2016)

TEXT ORDER granting 20 Motion for Extension of Time to File Response/Reply. The City of Decatur, Alabama and Municipal Utilities Board of Decatur Morgan County, Alabama, shall file their answer or other response to the complaint by 7/29/2016. Signed by Magistrate Judge Harwell G Davis, III on 7/12/16. (LBG, ) (Entered: 07/12/2016)

ORDER that Municipal Utilities Board of Decatur, Morgan County, Alabama is dismissed with prejudice as a defendant from this action, each party to bear its own costs. Signed by Magistrate Judge Harwell G Davis, III on 07/18/16. (SPT) (Entered: 07/18/2016)

ANSWER to 1 Complaint, by City of Decatur Alabama.(Lovelace, Barnes) (Entered: 07/28/2016)

Corporate Disclosure Statement by BFI Waste Systems of Alabama LLC. filed by BFI Waste Systems of Alabama LLC (Scott, John) (Entered: 07/29/2016)

ORDER that the Plaintiff shall file a response to the Motion to Dismiss within 14 days from the date of entry of this order; Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Harwell G Davis, III on 07/29/16. (SPT ) (Entered: 07/29/2016)

Brief re 28 MOTION to Dismiss filed by BFI Waste Systems of Alabama LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Scott, John) (Entered: 07/29/2016)

Brief re 28 MOTION to Dismiss Amended filed by BFI Waste Systems of Alabama LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Scott, John) (Entered: 07/29/2016)

AMENDED Corporate Disclosure Statement by BFI Waste Systems of Alabama LLC. filed by BFI Waste Systems of Alabama LLC (Scott, John) Modified on 7/29/2016 (SPT, ). (Entered: 07/29/2016)

Brief re 36 MOTION to Dismiss Defendant 3M Company's Motion to Dismiss Plaintiff's Complaint Defendant 3M Company's Memorandum of Law in Support of its Motion to Dismiss Plaintiff's Complaint filed by 3M Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Cox, William) (Entered: 07/29/2016)

MOTION to Dismiss by City of Decatur Alabama. (Lovelace, Barnes) (Entered: 08/08/2016)

ORDER that the Plaintiff shall file a response to the City of Decatur's Motion to Dismiss within 14 days from the date of entry of this order; Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Harwell G Davis, III on 08/08/16. (SPT ) (Entered: 08/08/2016)

RESPONSE in Opposition re 36 MOTION to Dismiss Defendant 3M Company's Motion to Dismiss Plaintiff's Complaint filed by Tennessee Riverkeeper Inc. (Fanciullo, Derek) (Entered: 08/14/2016)

PHV Fee paid: $ 50, receipt number 1126-2681999 (B4601073678). (Scott, John) Modified on 8/16/2016 (SPT ).

REPLY to In Support of Motion to Dismiss filed by BFI Waste Systems of Alabama LLC. (Attachments: # 1 Exhibit E)(Scott, John) (Entered: 08/19/2016)

RESPONSE in Opposition re 39 MOTION to Dismiss filed by Tennessee Riverkeeper Inc. (Martin, Mark) (Entered: 08/23/2016)

PHV Fee paid: $ 50, receipt number 1126-2688761 (B4601073881). (Cox, William) Modified on 8/26/2016 (SPT ).

PHV Fee paid: $ 50, receipt number 1126-2688773 (B4601073880). (Cox, William) Modified on 8/26/2016 (SPT ).

PHV Fee paid: $ 50, receipt number 1126-2688783 (bB4601073882). (Cox, William) Modified on 8/26/2016 (SPT ).

TEXT ORDER granting 48 Motion for Leave to Appear Pro Hac Vice of William A. Brewer, III; granting 49 Motion for Leave to Appear Pro Hac Vice of Michael J. Collins; granting 50 Motion for Leave to Appear Pro Hac Vice of Stephanie L. Gase. Signed by Magistrate Judge Harwell G Davis, III on 8/29/16. (LBG, ) (Entered: 08/29/2016)

ORDER -The Unopposed Motion for Admission Pro Hac Vice of William G. Beck and Andrew L. Schulkin 44 is GRANTED. Signed by Judge Abdul K Kallon on 9/15/2016. (AVC) (Entered: 09/15/2016)

MOTION for Leave to Appear Pro Hac Vice Motion for Admission Pro Hac Vice for Michael L. Smith by 3M Company. (Attachments: # 1 Exhibit A)(Cox, William) (Entered: 12/06/2016)

ORDER Granting dft's 56 Motion for Admission Pro Hac Vice of Michael L. Smith. Signed by Judge Abdul K Kallon on 12/7/2016. (YMB) (Entered: 12/07/2016)

TEXT ORDER: Because the court did not rely on the Riverkeeper's arguments that (1) RCRA's anti-duplication provisions do not bar its attempt to prohibit discharges that are permitted under the Clean Water Act, (2) leachate discharges to the Dry Creek WWTP are "more akin to waste being 'collected, stored or treated prior to discharging,'" and (3) "PFC contamination at the Dry Creek WWTP is largely due to the acceptance of landfill leachate from Decatur's Morgan County Landfill and BFI's Morris Farm Landfill," doc. 55 is DENIED AS MOOT. Signed by Judge Abdul K Kallon on 2/10/2017. (YMB) (Entered: 02/13/2017)

ANSWER to 1 Complaint, Answer to Plaintiff's Complaint for Declaratory and Injunctive Relief by 3M Company.(Cox, William) (Entered: 02/24/2017)

Summons Issued as to Daikin America Inc, Dyneon LLC, Morgan County Alabama, Toray Fluorofibers (America) Inc. (Mailed out via Certified Mail.) (KBB) (Entered: 05/31/2017)

SUMMONS Returned Executed as to Daikin America Inc served on 6/2/2017, answer due 6/23/2017. (KBB) (Entered: 06/07/2017)

MOTION for Extension of Time to File Answer re 62 Amended Complaint by BFI Waste Systems of Alabama LLC, City of Decatur Alabama, Morgan County Alabama. (Lovelace, Barnes) (Entered: 06/09/2017)

ANSWER to 62 Amended Complaint Answer to Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief by 3M Company, Dyneon LLC.(Cox, William) (Entered: 06/14/2017)

ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26(f) - with appendices attached. Signed by Judge Abdul K Kallon on 6/20/2017. (KSS) (Entered: 06/20/2017)

NOTICE of Corporate Disclosure by Toray Fluorofibers (America) Inc (Monroe, E) (Entered: 06/23/2017)

ANSWER to 62 Amended Complaint Answer to Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief by BFI Waste Systems of Alabama LLC.(Scott, John) (Entered: 07/07/2017)

ANSWER to 62 Amended Complaint by City of Decatur Alabama, Morgan County Alabama.(Lovelace, Barnes) (Entered: 07/07/2017)

REPORT of Rule 26(f) Planning Meeting. (Martin, Mark) (Entered: 10/20/2017)

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE re This case is SET for a t 16(b) TELEPHONIC Scheduling Conference on 11/8/2017 at 10:15 AM before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 10/24/2017. (KBB) (Entered: 10/24/2017)

**TEXT ORDER** Status Conference set for 12/8/2017 at 05:30 PM before Judge Abdul K Kallon. The parties shall dial 888-557-8511 and enter access code 4541204, five minutes prior to the designated call time. Signed by Judge Abdul K Kallon on 11/8/2017. (KSS) (Entered: 11/08/2017)

ORDER granting 83 Motion to Withdraw as Attorney; The Defendant 3M Company and Dyneon, LLC's Motion to Withdraw as to William S. Cox is GRANTED, 83 . Signed by Judge Abdul K Kallon on 2/27/2018. (KBB) (Entered: 02/27/2018)

PHV Fee paid: $ 50, receipt number 1126-3044950. (NDAL Rec# B4601087443) (Prater, Harlan) Modified on 3/13/2018 (KBB).

MOTION to Withdraw as Attorney For 3M Company and Dyneon, LLC by 3M Company. (Gase, Stephanie) (Entered: 03/15/2018)

PHV Fee paid: $ 50, receipt number 1126-3047948 (NDAL Rec# B4601087557). (Prater, Harlan) Modified on 3/16/2018 (KBB).

ORDER granting 87 Motion to Withdraw as Attorney; The Defendant 3M Compnay and Dyneon, LLC's Motion to Withdraw as to William A. Brewer, III, Michael J. Collins, Michael L. Smith and Stephanie L. Gase, is GRANTED, 87 . Signed by Judge Abdul K Kallon on 3/20/2018. (KBB) (Entered: 03/20/2018)

Mediator's Report filed by Bernard Harwood. (KBB) (Entered: 03/20/2018)

NOTICE of Appearance by W Larkin Radney, IV on behalf of 3M Company, Dyneon LLC (Radney, W) (Entered: 03/21/2018)

Joint MOTION for Extension of Time to Conclude Mediation by 3M Company. (Martin, Zachary) (Entered: 11/06/2018)

TEXT ORDER - the bench trial set for March 4, 2019, is CONTINUED and will be reset at a later date. Signed by Judge Liles C Burke on 2/6/2019. (AHI) (Entered: 02/06/2019)

Joint MOTION for Extension of Time to Continue Mediation by 3M Company, Dyneon LLC. (Prater, Harlan) (Entered: 05/29/2019)

MOTION to Withdraw as Attorney Motion to Withdraw as Counsel by BFI Waste Systems of Alabama LLC. (Scott, John) (Entered: 05/30/2019)

Joint MOTION for Extension of Time to Conclude Mediation by 3M Company, Dyneon LLC. (Prater, Harlan) (Entered: 10/30/2019)

MOTION to Remove William E. Shinn, Jr. as Attorney of Record by City of Decatur Alabama, Morgan County Alabama. (Lovelace, Barnes) (Entered: 11/01/2019)

Joint MOTION for Extension of Time to Complete Mediation and Status Report by 3M Company. (Prater, Harlan) (Entered: 01/30/2020)

TEXT ORDER; Telephone Conference is set for 4/2/2020 at 11:00 a.m. CST; dial in instructions will be emailed to counsel. Signed by Judge Liles C Burke on 3/30/20. (SPT ) (Entered: 03/30/2020)

Joint MOTION for Extension of Time to Conclude Mediation (and Status Report) by 3M Company, Dyneon LLC. (Prater, Harlan) (Entered: 04/30/2020)

Joint MOTION for Extension of Time to Conclude Mediation (and Status Report) by 3M Company. (Prater, Harlan) (Entered: 07/31/2020)

Joint MOTION for Extension of Time Joint Status Report and Motion for Extension of Time to Conclude Mediation by 3M Company, Dyneon LLC. (Prater, Harlan) (Entered: 09/30/2020)

TEXT ORDER granting 115 Motion for Extension of Time. The stay in this case is extended to December 30, 2020, for the parties to continue and complete mediation. Further, the parties are ordered to file a STATUS REPORT on or before December 30, 2020, regarding the status of settlement negotiations. Signed by Judge Liles C Burke on 10/7/2020. (KBW) (Entered: 10/07/2020)

Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 10/7/2020; Mark Martin, William Matsikoudis, & Scott Fanciullo present for plaintiff; Christian King present for dft 3M Co; Joshua Thompson present for dft BFI Waste Systems of Alabama LLC; Barnes Lovelace, Jr. present for dfts City of Decutur, AL and Morgan Co Alabama; Steven Casey & Christopher Yeilding present for dft Daikin America Inc; Bryan Grayson present for dft Toray Fluorofibers (America) Inc. (Court Reporter Christina Decker.) (SPT )

Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 12/23/2020; Mark Martin and William Matsikoudis present for pla; Harlan Prater present for dfts; Mediator Judge Harwood present. (SPT )

TEXT ORDER that the 118 Joint MOTION for Hearing is GRANTED; a Telephone Conference set for 12/29/2020 at 2:15 p.m.; dial in information will be emailed to counsel. Signed by Judge Liles C Burke on 12/29/20. (SPT ) (Entered: 12/29/2020)

ORDER: The STAY in this matter is extended until 2/28/2021. Signed by Judge Liles C Burke on 1/4/2021. (AHI) (Entered: 01/04/2021)

TEXT ORDER that a Telephone Conference is set for Monday, 5/3/2021, at 3:30 p.m. CST; dial in information will be emailed to participants. Signed by Judge Liles C Burke on 4/28/21. (SPT ) (Entered: 04/28/2021)

TEXT ORDER that the Telephone Conference is RESET for 5/5/2021 at 10:45 a.m.; dial in information will be emailed to participants. Signed by Judge Liles C Burke on 5/4/21. (SPT ) (Entered: 05/04/2021)

ORDER - The Court extends the stay in this matter until 9/15/2021; this matter is set for a Telephone Conference on 7/21/2021 at 1:30 PM. Signed by Judge Liles C Burke on 6/21/2021. (AHI) (Entered: 06/21/2021)

Minute Entry for proceedings held before Judge Liles C Burke: Status Conference held on 6/21/2021; Counsel present for Parties; The Court a hearing on the maintenance of the stay. (Court Reporter Christina Decker.) (SPT )

Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 7/21/2021; William Matsikoudis present for pla; Harlan Prater IV present for dfts 3M Co and Dyneon LLC; John Scott and William Beck present for dft BFI Waste Systems of Al; Barnes Lovelace, Jr present for dfts City of Decatur AL and Morgan County AL; Christopher Yeilding present for dft Daikin America Inc; Bryan Grayson present for dft Toray Fluorofibers (America) Inc; The Court discussed the ongoing settlement negotiations between the parties. (Court Reporter Christina Decker.) (SPT )

TEXT ORDER that a Telephone Status Conference is set for 9/7/2021 at 9:30 a.m.; dial in information will be emailed to counsel prior to hearing. Signed by Judge Liles C Burke on 8/17/21. (SPT ) (Entered: 08/17/2021)

Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 8/17/2021; Mark Martin, William Matsikoudis, & Derek Fanciullo present for plaintiff; Harlan Prater present for dfts 3M and Dyneon LLC; John Scott present for dft BFI Waste Systems of AL LLC; Barnes Lovelace present for dfts City of Decatur AL and Morgan Co AL; Christopher Yeilding present for dft Daikin America Inc; Bryan Grayson present for dft Toray Fluorofibers; The parties discussed the status of settlement. (Court Reporter Christina Decker.) (SPT )

Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 9/7/2021; Mark Martin, William Matsikoudis, & Derek Fanciullo present for plaintiff; Harlan Prater present for dfts 3M and Dyneon; John Scott & William Beck present for dft BFI; Barnes Lovelace present for dfts City of Decatur & Morgan Co; Christopher Yielding present for dft Daikin America; Bryan Grayson present for dft Tory Fluorofibers; The parties informed the Court of the status of ongoing settlement talks. (Court Reporter Risa Entrekin.) (SPT )

TEXT ORDER that a Telephone Conference is set for 11/23/2021 at 11:00 a.m. CST; dial in information will be provided to counsel prior to hearing. Signed by Judge Liles C Burke on 11/22/21. (SPT ) (Entered: 11/22/2021)

SETTLEMENT ORDER - The Court shall retain continuing jurisdiction over this case and any disputes related to the application, enforcement, or interpretation of or compliance with this Order or the Settlement Agreement, including the Escrow Agreement (as defined in the Settlement Agreement) and any separate agreement among certain Defendants related to their rights and obligations to each other; the clerk is ORDERED to Administratively Close this action as more fully set out therein. Signed by Judge Liles C Burke on 12/21/2021. (AHI) (Entered: 12/21/2021)

ORDER AND JUDGMENT OF DISMISSAL Regarding 133 Joint MOTION to Dismiss as more fully set out therein. Signed by Judge Liles C Burke on 6/13/2022. (AHI) (Entered: 06/13/2022)