Filed: Jul. 13, 2017
Latest Update: Jul. 13, 2017
Summary: DECISION AND ENTRY MEMORIALIZING JULY 6, 2017, CONFERENCE CALL; SUSTAINING DEFENDANT PHARMACIA'S MOTION TO COMPEL RESPONSES TO ITS CONTENTION INTERROGATORIES (DOC. #647); OVERRULING AS MOOT DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION FOR BRIEF EXTENSION OF FACT DISCOVERY AS TO PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO. ONLY (DOC. #650); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION TO COMPEL DEPOSITION TESTIMONY FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYE
Summary: DECISION AND ENTRY MEMORIALIZING JULY 6, 2017, CONFERENCE CALL; SUSTAINING DEFENDANT PHARMACIA'S MOTION TO COMPEL RESPONSES TO ITS CONTENTION INTERROGATORIES (DOC. #647); OVERRULING AS MOOT DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION FOR BRIEF EXTENSION OF FACT DISCOVERY AS TO PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO. ONLY (DOC. #650); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION TO COMPEL DEPOSITION TESTIMONY FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYES..
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DECISION AND ENTRY MEMORIALIZING JULY 6, 2017, CONFERENCE CALL; SUSTAINING DEFENDANT PHARMACIA'S MOTION TO COMPEL RESPONSES TO ITS CONTENTION INTERROGATORIES (DOC. #647); OVERRULING AS MOOT DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION FOR BRIEF EXTENSION OF FACT DISCOVERY AS TO PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO. ONLY (DOC. #650); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT DAYTON POWER AND LIGHT CO.'S MOTION TO COMPEL DEPOSITION TESTIMONY FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO.'S FED. R. CIV. P. 30(b)(6) WITNESSES OR, ALTERNATIVELY, FROM THEIR COUNSEL, LARRY SILVER (DOC. #651); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT WASTE MANAGEMENT OF OHIO'S MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFFS NCR CORP. AND KELSEY-HAYES CO. (DOC. #652); SUSTAINING PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AGAINST DEFENDANT PHARMACIA LLC (DOC. #654)
WALTER H. RICE, District Judge.
As discussed during the conference call held on July 6, 2017, the Court SUSTAINS Defendant Pharmacia's Motion to Compel Responses to Its Contention Interrogatories (Doc. #647), and Plaintiffs' Motion to Compel Answers to Interrogatories from Defendant Pharmacia LLC (Doc. #654). No later than July 21, 2017, counsel shall submit narrative responses to those interrogatories to the Court for an in camera review.
Defendant Dayton Power and Light Co.'s Motion to Compel Deposition Testimony from Plaintiffs NCR Corp. and Kelsey-Hayes Co.'s Fed. R. Civ. P. 30(b)(6) Witnesses or, alternatively, from their Counsel, Larry Silver (Doc. #651), and Defendant Waste Management of Ohio's Motion to Compel Discovery Responses from Plaintiffs NCR Corp. and Kelsey-Hayes Co. (Doc. #652) are SUSTAINED IN PART and OVERRULED IN PART.
No later than July 17, 2017, Plaintiffs shall submit, for an in camera review, two copies of each of the following: (1) Larry Strayer's 1988 and 1989 interview summaries; (2) memoranda written by Larry Silver and Susan Chema in 2003; (3) the "NASS memo" and supplement; and (4) deposition preparation notes of Kelsey-Hayes' 30(b)(6) witness, Mr. Bleazard. One copy shall have all information redacted that Plaintiffs contend is protected by the work product doctrine and/or the attorney-client privilege; the other copy shall be unredacted. Counsel shall also submit a cover letter setting forth the reasons for each redaction.
No later than July 17, 2017, Defendant Dayton Power and Light Co. shall serve an interrogatory on Plaintiff Kelsey-Hayes concerning the basis for Mike Turner's statement that information concerning Kelsey-Hayes' nexus to the Site was known to counsel, but not to him. No later than July 27, 2017, Plaintiff Kelsey-Hayes shall submit a response to that interrogatory to the Court for an in camera review.
In light of the foregoing, Defendant Dayton Power and Light Co.'s Motion for Brief Extension of Fact Discovery as to Plaintiffs NCR Corp. and Kelsey-Hayes Co. Only (Doc. #650) is OVERRULED AS MOOT.
