Case: Redland Soccer Club, Inc. v. Department of the Army

COMPLAINT (Summons issued with N/C attached for service; jury trial demanded; CLASS ACTION; copy of docket sheet to Juege Caldwell) Receipt #: 106462 Amt: $120.00 (jc) (Entered: 06/11/1990)

ANSWER by defendant USA to compt. & C of S. (gg) (Entered: 08/07/1990)

LETTER - from deputy clerk to Attys Beshore & Dague dated 8/13/90 requesting service of summons be filed by 8/27/90. (jc) (Entered: 08/15/1990)

ORDER by Judge William W. Caldwell granting stipulation [4-1] (cc: Dague, Davis, Beshore, LeFevre & Ct.) (jc) (Entered: 09/04/1990)

ORDER by Judge William W. Caldwell A scheduling conf will be held at 2:30 p.m. on 10/31/90 (cc: Dague, Davis, Beshore, Lefevre, Ct. & Ct. Rptr.) (jc) (Entered: 09/07/1990)

REQUEST - of Attorney Robert Lefevre for special admission to practice on behalf of USA & approved by J. Caldwell. cc: Lefevre & Scr. Registry. (am) (Entered: 09/24/1990)

MOTION - by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong Sr., Robert E. Kane, & Jack H. Hershberger to bifurcate into 2 separate trials on the issue of liability & damages. Cert. of non-conc. of defts. (c/s) (am) (Entered: 10/31/1990)

MOTION - by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong Sr., Robert E. Kane, & Jack H. Hershberger to consolidate case CV-90-1072 & Cv-90-1073 Cert. of non-conc. of defts. (c/s) (am) (Entered: 10/31/1990)

PROPOSED ORDER - by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong Sr., Robert E. Kane, & Jack H. Hershberger re: mtn. to bifurcate. (am)

PROPOSED ORDER - by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong Sr., Robert E. Kane, & Jack H. Hershberger re: mtn. to bifurcate trial. (am)

MINUTE SHEET - of Scheduling Conf. General Disc. of Consolidation, Attys to submit scheduling order w/in l5 days. (gg) (Entered: 11/01/1990)

ORDER by Judge William W. Caldwell granting stipulation [10-1] (cc: Dague, Davis, Beshore, Lefevre & Ct.) (jc) (Entered: 11/26/1990)

MOTION by plaintiff Redland Soccer Club, plaintiff Dean G. Newhouse, plaintiff Richard V. Spong Sr., plaintiff Robert E. Kane, plaintiff Jack H. Hershberger to certify class action status & C of S. (gg) (Entered: 12/04/1990)

PROPOSED ORDER - for determination of Class Action. (gg)

MOTION by plaintiff to compel discovery pursuant to F.R.C.P. 327(a) and C of S. (gg) (Entered: 12/04/1990)

BRIEF by plaintiff in support of motion to compel discovery [12-1] & C of S. (gg) (Entered: 12/04/1990)

PROPOSED ORDER - re: Disc. (gg)

BRIEF by plaintiffs in support of motion to certify class action status [11-1] & C of S. (gg) (Entered: 12/14/1990)

BRIEF by defendant USA, defendant Dept. of the Army. in opposition to motion to compel discovery [12-1]; reply brief due 12/31/90 with prop. order and C of S. (gg) (Entered: 12/21/1990)

MEMORANDUM by defendant USA in opposition motion to certify class action status [11-1]; reply brief due 1/24/91 with exhibits and C of S. (gg) (Entered: 01/18/1991)

PROPOSED ORDER - re: Class Certification (gg)

MEMORANDUM AND ORDER: by Judge William W. Caldwell 1.) denying motion to compel discovery; 2.) Responses by defendants to disc. requests of pltfs. during the course of this litigation shall be deemed to be made pursuant to an order of court, in compliance with 5 U.S.C. Sec. 55a(b)(ll). 3.) All future discovery disputes will be resolved by conference with the court and no further discovery motions shall be filed. The court shall be notified as appropriate. 4.) Counsel are strongly encouraged to amicably resolve future disc. disputes. Requests for disc. should be focused and narrowed as much as possible, given the subjects to be resolved during the course of this litigation. [12-1] (cc: Dague, Davis, Beshore, Lefevre, and Ct. (gg) (Entered: 01/18/1991)

REPLY BRIEF by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong, Sr., Robert E. Kane and Jack H. Hershberger in support of motion to certify class action status [11-1] and c of s. (jc) (Entered: 02/04/1991)

MEMORANDUM AND ORDER: by Judge William W. Caldwell: Upon consideration of pltfs' mtn for class certification, it is ordered that the mtn is denied under FRCP 23(b). [11-1] A scheduling conference will be held with counsel on 3/14/91 at 11:00 a.m. Counsel may participate by telephone conference call and should arrange such call to (717) 782-3701. (cc: Dague, Davis, Beshore, Lefevre, Ct., Security & Ct. Rptr.) (jc) (Entered: 03/06/1991)

MOTION by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong, Sr., Robert E. Kane and Jack H. Hershberger for reconsideration of denial of class certification [19-2] and alternatively certification for permissive interlocutory appeal and c of s. (jc) (Entered: 03/25/1991)

BRIEF by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong, Sr., Robert E. Kane and Jack H. Hershberger in support of motion for reconsideration of denial of class certification [19-2] [20-1] and alternatively certification for permissive interlocutory appeal [20-2] and c of s. (jc) (Entered: 03/25/1991)

MINUTE SHEET of scheduling conference held on 3/14/91 at 11:05 a.m. (jc) (Entered: 03/25/1991)

ORDER by Judge William W. Caldwell: AND NOW, this 15th day of March, 1991, it is ORDERED that action 1:CV-90-1072 is consolidated with the action filed at 1:CV-90-1073 for discovery and other pretrial purposes. [8-1] Discovery in these cases is bifurcated and shall first be limited to liability and causation. [7-1] The parties shall file a joint status report every 60 days, beginning with a report on 5/1/91. Further scheduling will be arranged prior to the expiration of the initial period for discovery on 9/13/91. (cc: Dague, Davis, Beshore, Lefevre & Ct.) (jc) (Entered: 03/25/1991)

REQUEST of Attorney Brett Scott for special admission to practice o/b/o USA and approved by Judge Caldwell. (cc: Scott & Scranton Registry) (jc) (Entered: 04/01/1991)

BRIEF by defendant USA in opposition to motion for reconsideration of denial of class certification [19-2] [20-1] and alternatively certification for permissive interlocutory appeal [20-2] with exhbits attached and c of s; reply brief due 4/11/91 (jc) (Entered: 04/01/1991)

SPECIAL ADMISSIONS FORM sent to Attorney: Wendy L. Weiss (jc)

BRIEF by plaintiff Redland Soccer Club, plaintiff Dean G. Newhouse, plaintiff Richard V. Spong Sr., plaintiff Robert E. Kane, plaintiff Jack H. Hershberger in support of motion for reconsideration of denial of class certification [19-2] [20-1] & C of S. (gg) (Entered: 04/15/1991)

REQUEST filed 8/28/90 of Attorney Leslie Yu for special admission to practice o/b/o behalf of USA and Dept. of the Army and approved by Judge Caldwell. (cc: Yu & Scranton Registry) (jc) (Entered: 04/12/1991)

REQUEST filed 9/4/90 of Attorney Wendy L. Weiss for special admission to practice o/b/o USA and approved by Judge Caldwell. (cc: Weiss & Scranton Registry) (jc) (Entered: 04/12/1991)

STIPULATION - by counsel and agreed as follows: 1.) In each of the above-captioned cases, interrogs. propounded to each party shall not exceed two hundred (200) in number and 2.) Interrogs inquiring as to the names & locations of witnesses, or the existence, location and custodian of documents or physical evidence each shall be construed as one (l) interrogatory. All other interrogatories, including subdivisions of one number interrogatory, shall be construed as separate interrogatories. (gg) Modified on 04/18/1991 (Entered: 04/18/1991)

ORDER by Judge William W. Caldwell granting stipulation that the number of interrogatories propounded to each party in each of the above-captioned actions shall not exceed two hundred in number. [29-1] (cc: Dague, Davis, Beshore, Lefevre, Scott, Weiss, Yu, & Ct. (gg) (Entered: 04/18/1991)

ORDER- by Judge William W. Caldwell denying pltf's motion for reconsid. of order denying class certification [19-2] [20-1] and also denying pltf's motion certification of order for purpose of interlocutory appeal. (cc: Ct; Beshore; Dague; Davis; Lefevre; Scott; Weiss & Yu) (js) (Entered: 05/08/1991)

JOINT STATUS REPORT - by all parties as to the progress of discovery. (js) (Entered: 05/09/1991)

REQUEST of Attorney Jane Mahoney for special admission to practice o/b/o USA and approved by Judge Caldwell. (cc: Mahoney & Scranton Registry) (jc) (Entered: 06/03/1991)

ENTRY OF ATTORNEY APPEARANCE by Atty. Jane Mahoney as co-counsel for defts. (js) (Entered: 06/11/1991)

JOINTLY FILED Written status report re Discovery (jw) (Entered: 07/02/1991)

Remark Doc #35 to Hsbg (jw)

ORDER -by Judge William W. Caldwell: granting the stip. to file amd. cmp. [36-1] (cc: Ct; Beshore; Dague; Davis; Rajan; Lefevre; Scott; Weiss; Yu; Sponseller & Mahoney) (js) (Entered: 08/30/1991)

AMENDED COMPLAINT - filed by pltfs adding 81 new pltfs with jury trial demanded and c of s. (jc) Modified on 09/09/1991 (Entered: 09/09/1991)

JOINT STATUS REPORT by plaintiffs and defendants. (jc) (Entered: 09/10/1991)

ORDER by Judge William W. Caldwell A scheduling conf will be held at 9:30 a.m. on 9/10/91 (cc: Beshore, Dague, Davis, Rajan, Lefevre, Scott, Weiss, Yu, Sponseller, Mahoney, Gerson, Daniels & Ct.) (jc) (Entered: 09/10/1991)

MINUTE SHEET status conf. held 9/10/91 . No Ct. Rptr. Parties will submit stips. as to discov. (js) (Entered: 09/13/1991)

ANSWER by all defts. to the 1st Amend. Cmp. (c of s) (js) (Entered: 09/25/1991)

WRITTEN STATUS REPORT - by plaintiffs Redland Soccer Club, Dean G. Newhouse, Richard V. Spong Sr., Robert E. Kane & defendants USA, Dept. of the Army. & plaintiffs Bretni Brink, Ryan Brink, Joseph Brtalik, Carole G. Brtalik, Joseph J. Brtalik, Theodore F. Burd, Diane M. Burd, Dewitt J. Cline Jr., Jan M. Cline, Ronald W. Danner, Steven W. Haas, Irma L. Rodgers-Haas, Lawrence E. Hager, Ruth A. Hager, Edward Hockenberry, Mary L. Hockenberry, Roger L. Hockenberry, Patricia D. Hockenberry, David G. Hooper, Priscilla G. Hooper, John H. Knaub, Deborah J. Knaub, Thomas R. Krause, Richard H. Lebo, Donna Lebo, Ralph E. McCarty, Gale P. McCarty, James P. Meyers, Kim Meyers, Thomas M. Morrow, Meredith S. Morrow, Jack E. Muth, Kathleen L. Muth, Linda M. Nace, Kenneth E. Nace, Pamela R. Nace, Norma J. Newhouse, Martin Newhouse, Peter P. O'Neill, Alice L. O'Neill, Peter O'Neill, Patrick O'Neill, Paul O'Neill, Patricia A. Palm, Robert J. Pontius, Cindy L. Pontius, Debra S. Popp, Thomas M. Rados, William P. Rehm Jr., Kimberly A. Rehm, Ken Ribble, Susan Ribble, Nevin C. Shenck Jr., Lisa L. Shenck, Bradley Shirk, Julia A. Spong, Richard V. Spong Jr., Barry L. Stone, Corey J. Stroman, Donna L. Szoszorek, Eugene K. Torbek, Donald Williamson, Elizabeth M. Williamson, William B. Wirt, Pamela A. Wirt, Christine E. Wirt, Burlin Covert, Joseph Dorwart III, Patricia A. Dorwart, Jack H. Hershberger Jr., June Hershberger, Larry Smart, Carol Smart, Glenn Diller, Dale Kahler, Terrence L. Kemberling, David A. Kupp, E. Robert McCollum, Herbert D. Myers, Wilbur Yorty, & John A. Nace Jr. (am) (Entered: 10/28/1991)

ORDER by Judge William W. Caldwell granting stipulation [43-1] (cc: all counsel & Ct.) (jc) (Entered: 11/20/1991)

MEMO OF POINTS/AUTHORITIES by defts. in support of their mtn. to dism. pltfs' claims for medical monitor. & injunc. relief. [44-1] Non-conc., Exhibits, Prop. Ord. & c of s attached. (js) (Entered: 12/12/1991)

MINUTE SHEET from phone conf. held 12/19/91 . No Ct. Rptr. present. (js) (Entered: 12/30/1991)

ORDER -by Judge William W. Caldwell: granting the stip. to ext. time to respond & rply to [46-1] pltf's mtn. to dism. [44-1] Resp. due 1/10/92 & Rply due 1/31/92. (cc: Ct; all counsel) (js) (Entered: 12/30/1991)

JOINT WRITTEN STATUS REPORT-of parties. Discovery ongoing. (js) (Entered: 01/02/1992)

STIPULATION- of counsel re: production of documents. (js) (Entered: 01/06/1992)

BRIEF/OPPO. -by pltfs. to defts' mtn. to dismiss pltfs' claims for medical monitoring & injunctive relief [44-1] (c of s); Reply brief due 1/23/92. (js) (Entered: 01/14/1992)

REPLY BRIEF- by USA to their mtn. to dism. pltfs' clms. for medical monitor. & injun. relief [44-1] (c of s) (js) (Entered: 02/11/1992)

MEMORANDUM AND ORDER: by Judge William W. Caldwell [44-1] re: USA's motion to dismiss pltfs' claims for medical monitoring & injunctive relief. 1) The mtn. is granted in part & denied in part. Portions of Ct. 1 requesting med. monitoring fund per CERCLA are dismissed; 2) all claims request. injunc. relief per the FTCA are dismissed; 3) In all other respects the mtn. to dismiss is denied. (cc: Ct; all counsel) (js) (Entered: 02/21/1992)

JOINT STATUS REPORT - by both plaintiffs & defendants. (am) (Entered: 02/27/1992)

JOINT STATUS REPORT - by both plaintiff & defendant. (am) (Entered: 04/27/1992)

MOTION by defendants Dept. of the Army and USA for summary judgment, or in the alternative, for partial summary judgment with cert of nonconc, proposed order and c of s. (jc) (Entered: 06/05/1992)

STATEMENT OF MATERIAL FACTS as to which there is no genuine dispute by defendant Dept. of the Army and USA in support of motion for summary judgment [54-1] and motion for partial summary judgment [54-2] and c of s. (jc) (Entered: 06/05/1992)

MEMORANDUM by defendants Dept. of the Army and USA in support of motion for summary judgment [54-1] and motion for partial summary judgment [54-2] and c of s. (jc) (Entered: 06/05/1992)

EXHIBITS in support of the Dept. of the Army and USA's mtn for S/J and partial S/J. (jc) (Entered: 06/05/1992)

ORDER -by Judge William W. Caldwell: approving the stip. to extend time to file oppo. briefs to the mtns. [58-1] for sum/jgm. [54-1] and for partial sum/jgm.[54-2] Briefs in opposition due by 7/24/92. (cc: Ct; all counsel) (js) (Entered: 06/22/1992)

WRITTEN JOINT STATUS REPORT by all parties. (c/s) (js) (Entered: 06/24/1992)

MOTION by pltfs. to compel discovery - 2nd req. for prod. of docus. (c/s) (js) (Entered: 07/06/1992)

BRIEF/SUPPORT -by all pltfs. to their motion to compel answers to their 2nd request for production.t [60-1] (c/s). (js) (Entered: 07/06/1992)

Brief by defendant in opposition to motion to compel discovery - 2nd req. for prod. of docus. [60-1] (cg) (Entered: 07/21/1992)

BRIEF/OPPO. by ptfs. to defts' mtns. for sum/jgm and [54-1] for partial sum/jgm. [54-2]; Exhibits attached. (c/s) Reply brief due 8/6/92. (js) (Entered: 07/27/1992)

Reply brief by plaintiff in support of motion to compel discovery - 2nd req. for prod. of docus. [60-1] and c/s (jw) (Entered: 08/06/1992)

REPLY BRIEF - by defendant USA in support of motion for jgm. on the pleadings, or in the alternative, for summary judgment [54-1] [54-2] (c/s) (am) (Entered: 08/07/1992)

ORDER by Judge William W. Caldwell denying plntf's motion to compel discovery filed 7/2/92. [60-1] (cc: all counsel & Ct) (am) (Entered: 08/14/1992)

JOINTLY filed STATUS REPORT by plaintiffs and defendants (cl) (Entered: 08/20/1992)

MEMORANDUM AND ORDER: by Judge William W. Caldwell- granting & denying in part defts' [54-1] mtn. for sum/jgm. and denying defts' mtn. for part. sum/jgm. [54-2] (SEE ORDER FOR DETAILS RE: CTS. 1 & 2, SOVEREIGN IMMUNITY CLAIMS & CERCLA RESPONSES.)(cc: Ct; all counsel) (js) (Entered: 09/21/1992)

MINUTE SHEET - of Discovery Conf held 10/15/92. (mz) (Entered: 10/19/1992)

JOINT WRITTEN STATUS REPORT -of parties on progress of discovery & depositions scheduled (c/s). (js) (Entered: 10/21/1992)

MINUTE SHEET - of tele. disc. conf. No Crt. Rptr. (am) (Entered: 12/14/1992)

STATUS REPORT by plaintiffs & defendants. (jc) (Entered: 12/22/1992)

MOTION by all plaintiffs to compel with proposed order and c of s. (jc) (Entered: 12/22/1992)

BRIEF by all plaintiffs in support of motion to compel [73-1] with exh. attached and c of s. (jc) (Entered: 12/22/1992)

MEMO/OPPO by defts. to pltf's 2nd motion to compel [73-1]; Reply brief due 1/19/93 (js) (Entered: 01/05/1993)

MOTION - by defendant Dept. of the Army. for protective order regarding taking the deposition of deft. Dept. of Army (am) (Entered: 02/22/1993)

Exhibits regarding the dfts motion to dismiss ( doc 76) (cl) (Entered: 01/25/1993)

MOTION by defendant Dept. of the Army., defendant USA for summary judgment on pltfs claims for medical monitoring and emotional distress w/ cert of noncon. (cl) (Entered: 01/25/1993)

Exhibits( vol 1 and 2 ) regarding doc 78 motion for summary judgment (cl) (Entered: 01/25/1993)

MEMORANDUM AND ORDER by Judge William W. Caldwell Upon consideration of pltfs' mtn to compel, it is ordered that the mtn is denied. [73-1] (cc: all counsel & Ct.) (jc) (Entered: 02/01/1993)

MOTION by defendants for clarification with attached exhibits in support. Cert. of non-conc. C/S AND Propo. (tm) (Entered: 02/01/1993)

MOTION by All Plaintiffs to extend time to respond to defts' mtn. to dismiss. Conc. of all defts. noted. (c/s) Exhibit. (js) (Entered: 02/03/1993)

ORDER by Judge William W. Caldwell: upon consideration of pltf's motion for extension of time to file a responsive briefs, IT IS HEREBY ORDERED that pltfs shall file any responsive briefs to dfts' motion to dismiss and motion for summary judgment by April 15, 1993.(cc: all counsel, Judge) (cl) (Entered: 02/04/1993)

BRIEF - by plaintiffs in opposition to motion for protective order regarding taking the deposition of deft. Dept. of [76-1] w/exh. attached.; (c/s) reply brief due 3/4/93 (am) (Entered: 02/22/1993)

MOTION by defts. for protective order, or, alternatively to conduct depos. by telephone conference . Propo. (c/s) (js) (Entered: 02/23/1993)

JOINT WRITTEN STATUS REPORT -by pltfs/defts. re: discovery, responses to mtns. to dismiss, etc. (js) (Entered: 02/24/1993)

RESPONSE (ANSWER) -by pltfs. to defts' mtn. to clarify. (c/s) (js) (Entered: 02/24/1993)

MOTION by all pltfs. to extend time to file briefs opposing mtns. for sum/jgm. & to dismiss (c/s) Propo. (js) Modified on 02/26/1993 (Entered: 02/26/1993)

BRIEF/SUPPORT -by all pltfs.to their mtn to extend time to file briefs opposing mtns. for sum/jgm. [88-1] (c/s) (js) (Entered: 02/26/1993)

ORDER by Judge William W. Caldwell granting motion for protective order [85-1] The parties will agree among themselves whether the depos called for in the notice of 2/3/93, will take place by phone or in person, with the parties sharing equally the travel costs of one of plfs' attorneys to Omaha, Atlanta and Washington and return. (cc: all counsel) (cg) (Entered: 03/04/1993)

ORDER by Judge William W. Caldwell denying motion for clarification [81-1] it is ordered that the memo and order of 9/15/92 does not require clarification. (cc: all counsel) (cg) (Entered: 03/04/1993)

ORDER by Judge William W. Caldwell [88-1] otion to extend time to file briefs opposing mtns. for sum/jgm. & to dismiss is granted in part. Plntfs. shall file their briefs within 20 days of receipt of depo. transceipts or by 5/15/93 whichever is earlier. A conf. w/ the ct. to complete the trial schedule shall be held at 9:30 a.m. on 4/13/93. Counsel shall arrange a conf. call. (cc: all counsel & Ct.) (tm) (Entered: 04/02/1993)

Text not available.