Case: United States v. Denka Performance Elastomer LLC

Legal Defense Fund

COMPLAINT against Denka Performance Elastomer LLC, DuPont Specialty Products USA, LLC (Filed on behalf of USA - Filing Fee not required) filed by United States of America. (Attachments: # 1 Civil Cover Sheet)Attorney Steven David Shermer added to party United States of America(pty:pla).(Shermer, Steven) (Entered: 02/28/2023)

1 Civil Cover Sheet

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Initial Case Assignment

Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Michael North. (ess) (Entered: 02/28/2023)

Notice of Related Case(s) by United States of America of related case(s) 2:23-cv-147. (Shermer, Steven) (Entered: 03/03/2023)

CERTIFICATE OF SERVICE by United States of America re 1 Complaint, . (Attachments: # 1 Notice of Lawsuit and Request to Waive Service of Summons, # 2 Requested Waiver of Service of Summons)(Shermer, Steven) (Entered: 03/03/2023)

CERTIFICATE OF SERVICE by United States of America re 1 Complaint, . (Attachments: # 1 Notice of Lawsuit and Request to Waive Service of Summons, # 2 Requested Waiver of Service of Summons)(Shermer, Steven) (Entered: 03/03/2023)

ORDER TRANSFERRING CASE. Case transferred to Judge Carl J Barbier. Judge Eldon E. Fallon no longer assigned to case. Signed by Judge Eldon E. Fallon on 3/14/2023. (NEF: Sec L case mgr)(lag) (Entered: 03/15/2023)

WAIVER OF SERVICE Returned Executed; waiver sent to Denka Performance Elastomer LLC on 3/3/2023, answer due 5/2/2023. (Attachments: # 1 Executed Waiver of Summons by Denka)(Shermer, Steven) (Entered: 03/16/2023)

EXPARTE/CONSENT MOTION for Leave to File Excess Pages for Preliminary Injunction Memoranda by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 03/20/2023)

MOTION for Preliminary Injunction by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit (Ex. A - Proposed Order), # 4 Exhibit (Ex. B - Decl. of James Leathers), # 5 Exhibit (Ex. C - Decl. of Dr. Nyesha Black), # 6 Exhibit (Ex. D - Decl. of Dr. John Vandenberg), # 7 Exhibit (Ex. E - Summary Table of Monitoring Data), # 8 Exhibit (Ex. F - Decl. of Dr. Ila Cote), # 9 Exhibit (Ex. G - Decl. of Jeffrey Harrington), # 10 Exhibit (Ex. H - Decl. of Dr. Helen Suh), # 11 Exhibit (Ex. I - Decl. of Nicholas Bobbs), # 12 Exhibit (Ex. J - Decl. of Jiayang Chen), # 13 Exhibit (Ex. K - Decl. of Richard Wayland), # 14 Exhibit (Ex. L - Excerpts of Memorandum of Ground Lease), # 15 Exhibit (Ex. M - 2017 LDEQ Consent Order))(Shermer, Steven) (Attachment 11 replaced on 4/14/2023) (cg). (Entered: 03/20/2023)

1 Notice of Submission (Civil Only)

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2 Memorandum in Support

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3 Exhibit (Ex. A - Proposed Order)

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4 Exhibit (Ex. B - Decl. of James Leathers)

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5 Exhibit (Ex. C - Decl. of Dr. Nyesha Black)

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6 Exhibit (Ex. D - Decl. of Dr. John Vandenberg)

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7 Exhibit (Ex. E - Summary Table of Monitoring Data)

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8 Exhibit (Ex. F - Decl. of Dr. Ila Cote)

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9 Exhibit (Ex. G - Decl. of Jeffrey Harrington)

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10 Exhibit (Ex. H - Decl. of Dr. Helen Suh)

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11 Exhibit (Ex. I - Decl. of Nicholas Bobbs)

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12 Exhibit (Ex. J - Decl. of Jiayang Chen)

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13 Exhibit (Ex. K - Decl. of Richard Wayland)

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14 Exhibit (Ex. L - Excerpts of Memorandum of Ground Lease)

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15 Exhibit (Ex. M - 2017 LDEQ Consent Order)

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EXPARTE/CONSENT MOTION to Seal Attachments to 9 MOTION for Preliminary Injunction by United States of America. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Proposed Order)(Shermer, Steven) Modified submission date on 3/21/2023 (cg). (Entered: 03/20/2023)

1 Notice of Submission (Civil Only)

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2 Memorandum in Support

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3 Proposed Order

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WAIVER OF SERVICE Returned Executed; waiver sent to DuPont Specialty Products USA, LLC on 3/3/2023, answer due 5/2/2023. (Attachments: # 1 Executed Waiver of Summons by DuPont Specialty Products)(Shermer, Steven) (Entered: 03/20/2023)

NOTICE ERRATA to Non-confidential motion in support (ECF No. 10-2) by United States of America re 10 EXPARTE/CONSENT MOTION to Seal Attachments to 9 MOTION for Preliminary Injunction. (Smith, Daniel) Modified text on 3/24/2023 (cg). (Entered: 03/22/2023)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey R. Holmstead (Filing fee $ 100 receipt number ALAEDC-9861250) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)Attorney Robert E. Holden added to party Denka Performance Elastomer LLC(pty:dft).(Holden, Robert) (Entered: 03/23/2023)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jason B. Hutt (Filing fee $ 100 receipt number ALAEDC-9861287) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)(Holden, Robert) (Entered: 03/23/2023)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice David A. Super (Filing fee $ 100 receipt number ALAEDC-9861296) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)(Holden, Robert) (Entered: 03/23/2023)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Kevin M. Voelkel (Filing fee $ 100 receipt number ALAEDC-9861308) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)(Holden, Robert) (Entered: 03/23/2023)

ORDER granting 13 Motion to Appear Pro Hac Vice as to Jeffrey Holmstead. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)

ORDER granting 14 Motion to Appear Pro Hac Vice as to Jason B Hutt. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)

ORDER granting 15 Motion to Appear Pro Hac Vice as to David A. Super. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)

ORDER granting 16 Motion to Appear Pro Hac Vice as to Kevin Voelkel. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)

ORDER - Before the Court is a Motion to Seal (Rec. Doc. 10 ) filed by the United States of America. The motion seeks to file under seal attachments 1 and 2 of the Declaration of Nicholas Bobbs, which was filed by the United States in support of its Motion for Preliminary Injunction. IT IS HEREBY ORDERED that the Motion to Seal (Rec. Doc. 10) is SET FOR SUBMISSION on April 19, 2023. Defendants may file their memorandum in accordance with the above instructions by April 11, 2023. Plaintiff may reply to Defendant's memorandum by April 19, 2023. Signed by Judge Carl J Barbier on 3/27/23.(cg) (Entered: 03/27/2023)

ANSWER to 1 Complaint, COUNTERCLAIM against United States of America by Denka Performance Elastomer LLC.(Holden, Robert) (Entered: 03/28/2023)

*DEFICIENT* MOTION for Order Governing Proceedings Relating to Plaintiff's Motion for Preliminary Injunction (R. Doc. 9 ) by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: # 1 Notice of Submission, # 2 Notice of Submission Request for Oral Argument, # 3 Proposed Order, # 4 Memorandum in Support, # 5 Exhibit A - Interrogatories, # 6 Exhibit B - Request for Production, # 7 Exhibit C - Request for Admission)(Holden, Robert) Modified on 3/29/2023 (cg). Modified on 3/29/2023 (cg). (Entered: 03/28/2023)

*DEFICIENT* EXPARTE/CONSENT Ex Parte MOTION to Expedite Consideration of Motion to Govern and Expedite Preliminary Injunction Discovery by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order)(Holden, Robert) Modified on 3/29/2023 (cg). (Entered: 03/28/2023)

MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support)(Holden, Robert) (Entered: 03/30/2023)

Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule (Holden, Robert) (Entered: 03/30/2023)

EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order)(Holden, Robert) (Entered: 03/30/2023)

MOTION to Expedite Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 4/26/2023. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support, # 4 Exhibit A - Proposed Interrogatories, # 5 Exhibit B - Proposed Requests for Production, # 6 Exhibit C - Proposed Requests for Admission)(Holden, Robert) (Entered: 03/30/2023)

EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Expedited Discovery, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order)(Holden, Robert) (Entered: 03/30/2023)

Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 28 MOTION to Expedite Discovery (Holden, Robert) (Entered: 03/30/2023)

ORDER regarding 27 Motion to Expedite. IT IS HEREBY ORDERED that the Motion to Expedite (Rec. Doc. 27 ) is DENIED. The motion to continue (Rec. Doc. 25 ) remains set for submission on April 19, 2023, and the United States may respond by April 11, 2023. IT IS FURTHER ORDERED that the request for Oral Argument on the motion to continue is DENIED. The Court will notify the parties if Oral Argument is necessary. Signed by Judge Carl J Barbier on 3/31/23. (cg) (Entered: 03/31/2023)

ORDER granting 29 Motion to Expedite. Denka Performance Elastomer, L.L.C.'s Motion for Expedited Discovery (rec. doc. 28) is SET FOR SUBMISSION ON THE BRIEFS on Wednesday, April 19, 2026. The United States of America shall file any opposition no later than Tuesday, April 11, 2023. IT IS FURTHER ORDERED that the request for oral argument on the Motion for Expedited Discovery is DENIED. The Court will notify the parties if oral argument is necessary. Signed by Magistrate Judge Michael North on 4/3/23. (cg) (Entered: 04/03/2023)

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Daniel S. Smith by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 04/04/2023)

ORDER granting 33 Motion to Enroll Daniel Stephen Smith as Counsel of Record for United States of America. Signed by Judge Carl J Barbier. (gec) (Entered: 04/04/2023)

RESPONSE to Motion filed by Denka Performance Elastomer LLC re 10 EXPARTE/CONSENT MOTION to Seal Attachments to 9 MOTION for Preliminary Injunction. (Holden, Robert) M (Entered: 04/11/2023)

RESPONSE/MEMORANDUM in Opposition filed by United States of America re 25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 04/11/2023)

RESPONSE/MEMORANDUM in Opposition filed by United States of America re 28 MOTION to Expedite Discovery . (Attachments: # 1 Exhibit Declaration of Ryan Landrum, # 2 Exhibit Stipulations)(Shermer, Steven) (Entered: 04/11/2023)

EXPARTE/CONSENT MOTION to Substitute Exhibit Filed Under Seal by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit (substitution for ECF No. 9-11))(Smith, Daniel) (Entered: 04/13/2023)

ORDER granting 8 Motion for Leave to File Excess Pages. The United States may file a Memorandum in Support of its Motion for a Preliminary Injunction that is no more than 35 pages; Denka may file a Memorandum in Opposition to the United States' Motion for a Preliminary Injunction that is no more than 40 pages; and the United States may file a Reply that is no more than 25 pages. Signed by Judge Carl J Barbier on 4/14/23. (cg) (Entered: 04/14/2023)

ORDER REGARDING THE UNITED STATES' MOTION TO SEAL Having considered the United States' Motion to Seal (ECF No. 10 ) and the United States' Ex Parte/Consent Motion to Substitute Exhibit Filed Under Seal, and for good cause shown, IT IS ORDERED: 1.The United States' Motion to Seal (ECF No. 10 ) is hereby DENIED as MOOT. 2.The Clerk is hereby ORDERED to return to the United States the documents that the United States filed under seal in connection with its Motion to Seal (ECF No. 10). 3.The Clerk is further ORDERED to substitute the Declaration of Nicholas Bobbs filed on the docket in this matter as ECF No. 9-11 with the updated version of the same document, filed by United States as an exhibit to the United States' and DPE's Joint Motion to Substitute Exhibit Filed Under Seal. Signed by Judge Carl J Barbier on 4/14/23. (cg) (Entered: 04/14/2023)

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Holden, Robert) (Entered: 04/17/2023)

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Expedited Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Holden, Robert) (Entered: 04/17/2023)

ORDER granting 42 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg) (Entered: 04/17/2023)

REPLY to Response to Motion filed by Denka Performance Elastomer LLC re 28 MOTION to Expedite Discovery. (cg) (Entered: 04/17/2023)

ORDER granting 41 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg) (Entered: 04/17/2023)

REPLY to Response to Motion filed by Denka Performance Elastomer LLC re 27 MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support. (cg) (Entered: 04/17/2023)

ORDER granting in part 28 Motion to Expedite Discovery as stated herein. No later than ten (10) days from this date of this Order, the parties shall meet and confer to more narrowly tailor Defendants' remaining discovery requests to Plaintiff's motion for a preliminary injunction. Plaintiff shall also continue to voluntarily produce information to Defendants, to which it has agreed. (Rec. doc. 37 at 17). With regard to the Requests for Admission, Plaintiff shall respond to them no later than fourteen (14) days from the date of this Order. Said requests are not overly burdensome to Plaintiff. In addition, the Court finds that the depositions of Jeffrey Harrington, Dr. John Vandenburg, Dr. Ila Cote, and Dr. Helen Suh are proportional to any opposition to the motion for preliminary injunction. Defendants may depose these four individuals in accordance with strict compliance to the Federal Rules of Civil Procedure. No later than ten (10) days from the date of this Order, Plaintiff and Defendants shall meet and confer to schedule a mutually-agreeable date and time for these four depositions and to discuss whether Plaintiff need depose any of Defendants' experts. Signed by Magistrate Judge Michael North on 4/24/23. (cg) (Entered: 04/24/2023)

ORDERED that 25 MOTION to Continue Submission Date on Motion for Preliminary Injunction is GRANTED. The submission date on the motion for preliminary injunction (Rec. Doc. 9 ) is CONTINUED to August 23, 2023. It is FURTHER ORDERED that the deadline for oppositions to the motion for preliminary injunction is CONTINUED to July 18, 2023. The United States' reply brief deadline is SET for August 17, 2023. Signed by Judge Carl J Barbier.(gec) (Entered: 05/01/2023)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by DuPont Specialty Products USA, LLC. Motion(s) will be submitted on 5/31/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Notice of Submission)Attorney Eric Earl Jarrell added to party DuPont Specialty Products USA, LLC(pty:dft).(Jarrell, Eric) (Entered: 05/02/2023)

1 Memorandum in Support

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2 Exhibit A

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3 Notice of Submission (Civil Only)

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Correction of Docket Entry by Clerk re 49 MOTION to Dismiss for Failure to State a Claim. Complaint lists Marie O. Luis as counsel for a party in this action. Marie O. Luis has not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this courts Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Please remove this attorney until admission or proper pro hac has been filed. (cg) (Entered: 05/03/2023)

EXPARTE/CONSENT MOTION for Protective Order by United States of America. Motion(s) referred to Michael North. (Attachments: # 1 Exhibit Redline comparison to Magistrate Judge North's Sample Order, # 2 Proposed Order)(Smith, Daniel) (Entered: 05/03/2023)

1 Exhibit Redline comparison to Magistrate Judge North's Sample Order

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2 Proposed Order

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**DEFICIENT** MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Thayer Declaration, # 3 Exhibit B Rimer Declaration, # 4 Proposed Order, # 5 Notice of Submission)Attorney Heather E. Gange added to party United States of America(pty:cd), Attorney Heather E. Gange added to party United States of America(pty:pla).(Gange, Heather) Modified on 5/5/2023 (gec). (Entered: 05/04/2023)

1 Memorandum in Support

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2 Exhibit A Thayer Declaration

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3 Exhibit B Rimer Declaration

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4 Proposed Order

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5 Notice of Submission (Civil Only)

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PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 5/5/23.(cg) (Entered: 05/05/2023)

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record (Heather Gange) by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 05/05/2023)

ORDER granting 54 Motion to Enroll as Counsel of Record for Attorney Heather E. Gange for United States of America. Signed by Judge Carl J Barbier on 05/08/2023. (ko) (Entered: 05/08/2023)

**DEFICIENT** MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Ex. A - Thayer Declaration, # 3 Exhibit Ex. B Rimer Declaration, # 4 Notice of Submission, # 5 Proposed Order)(Gange, Heather) Modified on 5/9/2023 (gec). (Entered: 05/08/2023)

1 Memorandum in Support

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2 Exhibit Ex. A - Thayer Declaration

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3 Exhibit Ex. B Rimer Declaration

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4 Notice of Submission (Civil Only)

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5 Proposed Order

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MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Thayer Declaration, # 3 Exhibit B Rimer Declaration, # 4 Notice of Submission, # 5 Proposed Order)(Gange, Heather) (Entered: 05/09/2023)

1 Memorandum in Support

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2 Exhibit A Thayer Declaration

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3 Exhibit B Rimer Declaration

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4 Notice of Submission (Civil Only)

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5 Proposed Order

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RESPONSE/MEMORANDUM in Opposition filed by United States of America re 49 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Exhibit Ex. A - Ground Lease - Filed Under Seal), # 2 Exhibit Ex. B - Westvaco Opinion)(Shermer, Steven) (Entered: 05/22/2023)

MOTION to Seal Document 58 Response/Memorandum in Opposition to Motion, by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Frazier, Hannah) (Entered: 05/22/2023)

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by DuPont Specialty Products USA, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Jarrell, Eric) (Entered: 05/31/2023)

ORDER granting 60 Motion for Leave to File Reply. Signed by Judge Carl J Barbier. (gec) (Entered: 06/01/2023)

REPLY to Response to Motion filed by DuPont Specialty Products USA, LLC re 57 MOTION to Dismiss for Lack of Jurisdiction. (gec) (Entered: 06/01/2023)

EXPARTE/CONSENT MOTION for Discovery Procedure Order by United States of America. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order)(Smith, Daniel) (Entered: 06/02/2023)

RESPONSE to Motion filed by DuPont Specialty Products USA, LLC re 59 MOTION to Seal Document 58 Response/Memorandum in Opposition to Motion, . (Jarrell, Eric) (Entered: 06/06/2023)

ORDER AND STIPULATION REGARDING DISCOVERY PROCEDURE. Signed by Magistrate Judge Michael North on 6/8/23. (cg) (Entered: 06/08/2023)

RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re 57 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Holden, Robert) (Entered: 06/20/2023)

Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 57 MOTION to Dismiss for Lack of Jurisdiction. (Holden, Robert) (Entered: 06/20/2023)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Britt Cass Steckman (Filing fee $ 100 receipt number ALAEDC-9991510) by Denka Performance Elastomer LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Holden, Robert) (Entered: 06/20/2023)

ORDER granting 68 Motion to Appear Pro Hac Vice as to Britt Cass Steckman. Signed by Judge Carl J Barbier on 6/21/23. (cg) (Entered: 06/26/2023)

**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Reply Brief by United States of America. (Attachments: # 1 Exhibit Proposed Reply Brief)(Gange, Heather) Modified on 6/29/2023 (gec). (Entered: 06/28/2023)

1 Exhibit Proposed Reply Brief

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EXPARTE/CONSENT MOTION for Leave to File Reply by United States of America. (Attachments: # 1 Exhibit Proposed Pleading, # 2 Proposed Order)(Gange, Heather) Modified text on 6/29/2023 (gec). (Entered: 06/29/2023)

EXPARTE/CONSENT Joint MOTION for Leave to File Excess Pages for DPE's Opposition and United States' Reply, regarding 9 MOTION for Preliminary Injunction by Denka Performance Elastomer LLC and United Sates of America. (Attachments: # 1 Proposed Order)(Venn, Brett) Modified text and filers on 7/6/2023 (cg). (Entered: 07/06/2023)

RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re 9 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 01 - DPE July 7 Comments (without exhibits), # 2 Exhibit 02 - EPA Letter to LDEQ, dated October 12, 2022, # 3 Exhibit 03 - Declaration of Dr. Gary Marsh, # 4 Exhibit 04 - Declaration of Dr. Michael Lumpkin, # 5 Exhibit 05 - Declaration of Dr. P. Robinan Gentry, # 6 Exhibit 06 - Declaration of Eric Farstad, # 7 Exhibit 07 - Declaration of David Blye, # 8 Exhibit 08 - Declaration Paul Casarez, # 9 Exhibit 09 - Declaration of Jorge Lavastida, # 10 Exhibit 10 - Declaration of Chris Meyers, # 11 Exhibit 11 - EPA Response to DPE Interrogatory No. 3, # 12 Exhibit 12 - Letter from M. Squillace to S. Coleman, EPA, Nov. 13, 2017, # 13 Exhibit 13 - Letter from Mr. Samuel Coleman to Mark Squillace - Dec. 15, 2017, # 14 Exhibit 14 - Letter from M. Squillace to S. Coleman, Jan. 12, 2018, # 15 Exhibit 15 - Earth Justice Petition to EPA, May 6, 2021, # 16 Exhibit 16 - In Re New-Indy Catawba LLC, CAA 303 Emergency Order, EPA Region 4, May 13, 2021, # 17 Exhibit 17 - In re Limetree Bay Terminals LLC et all, CAA Emergency order, EPA Region 2, May 14, 2021, # 18 Exhibit 18 - Letter from Administrator Regan to DPE, Jan. 24, 2022, # 19 Exhibit 19 - Proposed Rule (excerpts) and Neoprene Assessment, # 20 Exhibit 20 - EPA, Nat'l Emission Stands. for HAPs - Primary Lead Smelting, Sum. of Pub. Comment and Response, Nov. 4, 2011, # 21 Exhibit 21 - Toxicological Review of Chloroprene Sept. 2010, # 22 Exhibit 22 - EPA, Air Toxics Risk Assessment Ref. Library Vol. 2, April 2004 (excerpt), # 23 Exhibit 23 - Parts 1 and 2 - EPA, Guidelines for Carcinogen Risk Assessment, # 24 Exhibit 24 - Cote Deposition Transcript (excerpts), # 25 Exhibit 25 - Letter from EPA to LDEQ (Sept. 23, 2019), # 26 Exhibit 26 - Suh Deposition Transcript (excerpts), # 27 Exhibit 27 - Vandenberg Deposition Transcript (excerpts), # 28 Exhibit 28 - EPA's Response to DPE's RFA No. 17, # 29 Exhibit 29 - EPA Cooperative Agreement, Grant No. 01F70601, awarded Sept. 19, 2020, # 30 Exhibit 30 - EPA Cooperative Agreement, Grant No. 01F70501, awarded Sept. 19, 2020, # 31 Exhibit 31 - Sax et al (2020), # 32 Exhibit 32 - EPA's Response to DPE's Interrogatory No. 12, # 33 Exhibit 33 - Letter from M. Greene, EPA, to J. Lavastida, DPE, July 6, 2022, # 34 Exhibit 34 - EPA's Response to DPE's Interrogatory No. 6, # 35 Exhibit 35 - EPA's Responses to DPE's RFA Nos. 3-4, # 36 Exhibit 36 - March-April 2021 Internal EPA Email Chain re Region 6 IRIS Nomination for Chloroprene, # 37 Exhibit 37 - EPA's Response to DPE's RFA No. 16, # 38 Exhibit 38 - Letter from Gwinn, EPA, to Walsh, DPE, Mar. 14, 2022, # 39 Exhibit 39 - Harrington Deposition Transcript excerpts, # 40 Exhibit 40 - Table Re Proposed Order, # 41 Exhibit 41 - EPA Response to DPE Interrogatory No. 4)(Super, David) Modified on 7/19/2023 (gec). (Attachment 3 replaced on 8/1/2023) (cg). (Entered: 07/18/2023)

1 Exhibit 01 - DPE July 7 Comments (without exhibits)

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2 Exhibit 02 - EPA Letter to LDEQ, dated October 12, 2022

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3 Exhibit. 03 - Declaration of Dr. Gary Marsh

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4 Exhibit 04 - Declaration of Dr. Michael Lumpkin

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5 Exhibit 05 - Declaration of Dr. P. Robinan Gentry

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6 Exhibit 06 - Declaration of Eric Farstad

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7 Exhibit 07 - Declaration of David Blye

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8 Exhibit 08 - Declaration Paul Casarez

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9 Exhibit 09 - Declaration of Jorge Lavastida

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10 Exhibit 10 - Declaration of Chris Meyers

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11 Exhibit 11 - EPA Response to DPE Interrogatory No. 3

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12 Exhibit 12 - Letter from M. Squillace to S. Coleman, EPA, Nov. 13, 2017

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13 Exhibit 13 - Letter from Mr. Samuel Coleman to Mark Squillace - Dec. 15, 201

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14 Exhibit 14 - Letter from M. Squillace to S. Coleman, Jan. 12, 2018

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15 Exhibit 15 - Earth Justice Petition to EPA, May 6, 2021

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16 Exhibit 16 - In Re New-Indy Catawba LLC, CAA 303 Emergency Order, EPA Region

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17 Exhibit 17 - In re Limetree Bay Terminals LLC et all, CAA Emergency order, E

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18 Exhibit 18 - Letter from Administrator Regan to DPE, Jan. 24, 2022

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19 Exhibit 19 - Proposed Rule (excerpts) and Neoprene Assessment

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20 Exhibit 20 - EPA, Nat'l Emission Stands. for HAPs - Primary Lead Smelti

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21 Exhibit 21 - Toxicological Review of Chloroprene Sept. 2010

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22 Exhibit 22 - EPA, Air Toxics Risk Assessment Ref. Library Vol. 2, April 2004

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23 Exhibit 23 - Parts 1 and 2 - EPA, Guidelines for Carcinogen Risk Assessment

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24 Exhibit 24 - Cote Deposition Transcript (excerpts)

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25 Exhibit 25 - Letter from EPA to LDEQ (Sept. 23, 2019)

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26 Exhibit 26 - Suh Deposition Transcript (excerpts)

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27 Exhibit 27 - Vandenberg Deposition Transcript (excerpts)

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28 Exhibit 28 - EPA's Response to DPE's RFA No. 17

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29 Exhibit 29 - EPA Cooperative Agreement, Grant No. 01F70601, awarded Sept. 19

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30 Exhibit 30 - EPA Cooperative Agreement, Grant No. 01F70501, awarded Sept. 19

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31 Exhibit 31 - Sax et al (2020)

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32 Exhibit 32 - EPA's Response to DPE's Interrogatory No. 12

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33 Exhibit 33 - Letter from M. Greene, EPA, to J. Lavastida, DPE, July 6, 2022

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34 Exhibit 34 - EPA's Response to DPE's Interrogatory No. 6

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35 Exhibit 35 - EPA's Responses to DPE's RFA Nos. 3-4

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36 Exhibit 36 - March-April 2021 Internal EPA Email Chain re Region 6 IRIS Nomi

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37 Exhibit 37 - EPA's Response to DPE's RFA No. 16

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38 Exhibit 38 - Letter from Gwinn, EPA, to Walsh, DPE, Mar. 14, 2022

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39 Exhibit 39 - Harrington Deposition Transcript excerpts

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40 Exhibit 40 - Table Re Proposed Order

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41 Exhibit 41 - EPA Response to DPE Interrogatory No. 4

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Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 9 MOTION for Preliminary Injunction (Super, David) (Entered: 07/18/2023)

ORDER & REASONS: It is ORDERED that the 59 Motion to Seal is DENIED, and the unredacted lease and memorandum in opposition to DuPont's Motion to Dismiss (Rec. Doc. 49 ) shall be filed into the record. Signed by Judge Carl J Barbier. (gec) (Entered: 07/24/2023)

NOTICE by United States of America re 75 Order on Motion to Seal Document Notice of Filing Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss. (Attachments: # 1 Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss, # 2 Exhibit A (Ground Lease), # 3 Exhibit B)(Shermer, Steven) (Entered: 07/25/2023)

NOTICE of Supplemental Authority by Denka Performance Elastomer LLC re 66 Response/Memorandum in Opposition to Motion of Supplemental Authority. (Attachments: # 1 Exhibit A)(Super, David) Modified on 7/26/2023 (cg). (Entered: 07/26/2023)

ORDER granting 72 Motion for Leave to File Excess Pages. Denka Performance Elastomer, LLC may file an Opposition to the United States' Motion for a Preliminary Injunction that is no more than 50 pages, and the United States may file a Reply that is no more than 32 pages. IT IS FURTHER ORDERED that the United States' Reply Brief Deadline is extended from August 17, 2023 to August, 23, 2023. Signed by Judge Carl J Barbier on 7/28/23. (cg) (Entered: 07/28/2023)

ORDER granting 71 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 7/28/23. (cg) (Entered: 07/28/2023)

REPLY in Support to Response to Motion filed by United States of America re 57 MOTION to Dismiss for Lack of Jurisdiction . (cg) (Entered: 07/28/2023)

EXPARTE/CONSENT MOTION for Leave to File /Substitute a Complete Version of an Exhibit to Its Opposition to the United States Motion For Preliminary Injunction by Denka Performance Elastomer LLC. (Attachments: # 1 Exhibit 3 - Declaration of Dr. Gary Marsh, # 2 Attach. D (PART 1 of 4) to Marsh Declaration, # 3 Attach. D (PART 2 of 4) to Marsh Declaration, # 4 Attach. D (PART 3 of 4) to Marsh Declaration, # 5 Attach. D (PART 4 of 4) to Marsh Declaration, # 6 Attach. E (PART 1 of 5) to Marsh Declaration, # 7 Attach. E (PART 2 of 5) to Marsh Declaration, # 8 Attach. E (PART 3 of 5) to Marsh Declaration, # 9 Attach. E (PART 4 of 5) to Marsh Declaration, # 10 Attach. E (PART 5 of 5) to Marsh Declaration, # 11 Proposed Order)(Super, David) (Entered: 07/31/2023)

ORDER granting 81 Motion for Leave to Substitute a Complete Version of an Exhibit to its Opposition to the United States' Motion for Preliminary Injunction. Signed by Judge Carl J Barbier on 8/1/23. (cg) (Entered: 08/01/2023)

EXPARTE/CONSENT MOTION to Continue Motion Submission Date by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 08/11/2023)

EXPARTE/CONSENT MOTION to Expedite Consent Motion to Continue Submission Date by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 08/11/2023)

RESPONSE to Motion filed by Denka Performance Elastomer LLC re 83 MOTION to Continue Motion Submission Date. (Super, David) (Entered: 08/11/2023)

ORDER - Considering the foregoing Consent Motion to Continue Submission Date and Reply Brief Deadline for United States' Preliminary Injunction Motion (Rec. Doc. 83 ) and the Ex Parte Motion for Expedited Consideration (Rec. Doc. 84 ), IT IS HEREBY ORDERED that the motions are GRANTED, and the submission date and reply deadline for the United States' Motion for Preliminary Injunction is continued from August 23, 2023 to September 6, 2023. Signed by Judge Carl J Barbier on 8/11/23.(cg) (Entered: 08/11/2023)

EXPARTE/CONSENT MOTION for Leave to File /Appear as Amici Curiae by Louisiana Chemical Association, American Chemistry Council, Chamber of Commerce of the United States of America, National Association of Manufacturers. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit to the proposed pleading)Attorney Greg L. Johnson added to party Louisiana Chemical Association(pty:am), Attorney Greg L. Johnson added to party American Chemistry Council(pty:am), Attorney Greg L. Johnson added to party Chamber of Commerce of the United States of America(pty:am), Attorney Greg L. Johnson added to party National Association of Manufacturers(pty:am).(Johnson, Greg) (Entered: 08/14/2023)

ORDER denying 87 Motion for Leave to File to Appear as Amici Curiae. Signed by Judge Carl J Barbier on 8/16/23. (cg) (Entered: 08/16/2023)

ORDER & REASONS: It is ORDERED that DuPont's 49 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) is DENIED. Signed by Judge Carl J Barbier on 8/17/2023. (gec) (Entered: 08/18/2023)

ORDER AND REASONS granting 57 Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction. IT IS HEREBY ORDERED that the United States' Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction (Rec. Doc. 57) is GRANTED. Denka's first five affirmative defenses are STRICKEN without leave to amend, and the sixth affirmative defense is STRICKEN with leave to amend. Denka's counterclaims are DISMISSED with prejudice with the exception of the fifth counterclaim which is DISMISSED without prejudice. Signed by Judge Carl J Barbier on 8/30/23. (cg) (Entered: 08/30/2023)

ORDERED that a telephone status conference is set for Wednesday, September 27, 2023 at 10:00 a.m. Counsel for the United States of America will begin the conference call and, once all other parties are connected, add the Court to the call by dialing 504-589-7525. Signed by Judge Carl J Barbier. (gec) (Entered: 08/31/2023)

MOTION for Hearing re 9 MOTION for Preliminary Injunction by Denka Performance Elastomer LLC. Motion(s) will be submitted on 9/20/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Super, David) (Entered: 09/01/2023)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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ANSWER to 1 Complaint, by DuPont Specialty Products USA, LLC.(Jarrell, Eric) (Entered: 09/01/2023)

REPLY to Response to Motion filed by United States of America re 9 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E, # 6 Exhibit Ex. F, # 7 Exhibit Ex. G, # 8 Exhibit Ex. H, # 9 Exhibit Ex. I, # 10 Exhibit Ex. J, # 11 Exhibit Ex. K, # 12 Exhibit Ex. L, # 13 Exhibit Ex. M, # 14 Exhibit Ex. N, # 15 Exhibit Ex. O, # 16 Exhibit Ex. P, # 17 Exhibit Ex. Q, # 18 Exhibit Ex. R, # 19 Exhibit Ex. S, # 20 Exhibit Ex. T, # 21 Exhibit Ex. U)(Shermer, Steven) (Entered: 09/06/2023)

1 Exhibit Ex. A

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2 Exhibit Ex. B

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3 Exhibit Ex. C

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4 Exhibit Ex. D

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5 Exhibit Ex. E

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6 Exhibit Ex. F

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7 Exhibit Ex. G

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8 Exhibit Ex. H

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9 Exhibit Ex. I

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10 Exhibit Ex. J

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11 Exhibit Ex. K

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12 Exhibit Ex. L

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13 Exhibit Ex. M

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14 Exhibit Ex. N

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15 Exhibit Ex. O

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16 Exhibit Ex. P

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17 Exhibit Ex. Q

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18 Exhibit Ex. R

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19 Exhibit Ex. S

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20 Exhibit Ex. T

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21 Exhibit Ex. U

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MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction by United States of America. Motion(s) will be submitted on 10/4/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit (Ex. 1 - Sept. 1, 2023 notice of designation of Confidential Information), # 3 Proposed Order, # 4 Notice of Submission)(Shermer, Steven) (Entered: 09/07/2023)

RESPONSE/MEMORANDUM to Motion filed by United States of America re 92 MOTION for Hearing re 9 MOTION for Preliminary Injunction . (Shermer, Steven) (Entered: 09/12/2023)

EXPARTE/CONSENT MOTION for Leave to File Unredacted Copy of Response to USA's Motion to Seal by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order)(Holden, Robert) (Entered: 09/26/2023)

RESPONSE to Motion filed by Denka Performance Elastomer LLC re 95 MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction . (Holden, Robert) (Entered: 09/26/2023)

Minute Order. Telephone Status Conference held on 9/27/2023 before Judge Carl J Barbier. ORDERED that 92 Motion for Evidentiary Hearing on the United States' Motion for Preliminary Injunction is GRANTED. The evidentiary hearing on the United States Motion for Preliminary Injunction (Rec. Doc. 9 ) will be combined with a bench trial on the United States' request for permanent injunction. The parties are ordered to meet and confer and submit within 14 days a proposed scheduling order for the bench trial, as stated herein. (gec) (Entered: 09/28/2023)