Case 2:14-cv-01374 Document 933 Filed 07/25/16 Page 1 of 2 PageID #: 33279

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CRYSTAL GOOD, individually and as
parent and next friend of minor children
M.T.S., N.T.K. and A.M.S. and
MELISSA JOHNSON,
individually and as parent of her unborn child,
MARY LACY and JOAN GREEN and JAMILA AISHA OLIVER,
WENDY RENEE RUIZ and KIMBERLY OGIER and ROY J. McNEAL and
GEORGIA HAMRA and MADDIE FIELDS and BRENDA BAISDEN, d/b/a
FRIENDLY FACES DAYCARE, and ALADDIN RESTAURANT, INC., and
R. G. GUNNOE FARMS LLC, and DUNBAR PLAZA, INC.,
d/b/a DUNBAR PLAZA HOTEL,
on behalf of themselves and all others
similarly situated,
Plaintiffs,
v.

Civil Action No.: 2:14-01374

AMERICAN WATER WORKS COMPANY, INC., and
AMERICAN WATER WORKS SERVICE COMPANY, INC., and
EASTMAN CHEMICAL COMPANY and
WEST VIRGINIA-AMERICAN WATER COMPANY,
d/b/a WEST VIRGINIA AMERICAN WATER, and
GARY SOUTHERN and DENNIS P. FARRELL,
Defendants.

ORDER
Pending is the plaintiffs’ motion for partial summary
judgment on the issue of defendant Eastman’s compliance with the
Toxic Substances Control Act, filed on May 10, 2016.

Having reviewed the parties’ submissions with respect
to this motion, the court has concluded that further briefing is
required with respect to plaintiffs’ standing, under Article III

 UNITED STATES DISTRICT COURT
WEST VIRGINIA
Case 2:14-cv-01374SOUTHERN
DocumentDISTRICT
933 FiledOF
07/25/16
Page 2 of 2 PageID #: 33280
AT CHARLESTON
THOMAS PARKER,
of the United States Constitution, to bring their claim seeking
Plaintiff,
relief under the Toxic Substances Control Act. In particular,
v.
Civil Action No. 15-14025
the parties should address the facts supporting a conclusion
THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
that plaintiffs have suffered an injury, fairly traceable to
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
Eastman’s alleged violation of the Act, which will be redressed
DOES 1 THROUGH 10, inclusive,
by a favorable decision of this court.
Defendants.

See Lujan v. Defenders

of Wildlife, 504 U.S. 555, 560-61 (1992) (discussing the
ORDER AND NOTICE
“irreducible constitutional minimum of standing”). Briefing
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
should also consider whether Eastman’s alleged noncompliance
certain events must occur:
with
the Act constitutes
a “real
of with
injury
01/28/2016
Motions under
F.R. and
Civ.immediate”
P. 12(b), threat
together
supporting briefs, memoranda, affidavits, or other
supporting injunctive
relief.
O’Shea thereof.
v. Littleton,
414 U.S.
such matter
in support
(All motions
unsupported by memoranda will be denied without
488, 494-96 (1974)
(“Past
exposure
illegal
does not
prejudice
pursuant
toto
L.R.
Civ. conduct
P. 7.1 (a)).
02/08/2016
day for
Rule
meeting.
in
itself show Last
a present
case
or 26(f)
controversy
regarding
02/15/2016
Last day to file Report of Parties= Planning
injunctive relief
. . . if
any continuing,
Meeting.
Seeunaccompanied
L.R. Civ. P. by
16.1.
present adverse effects.”).
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
the
undersigned,
unless
canceled.shall
Leadfile
counsel
It is
hereby
ORDERED that
plaintiffs
their
directed to appear.
brief
in support
of standing
by August
2, 2016, with Eastman to
02/29/2016
Entry
of scheduling
order.
respond
no later
than
9, 2016.
03/08/2016
Last
dayAugust
to serve
F.R. Civ. P 26(a)(1) disclosures.
The
The
Notice to all
to
counsel of
parties.

Clerk is requested to transmit this Order and
Clerk is directed to forward copies of this order
counsel of record and to any unrepresented
record and any unrepresented parties.
DATED:
DATED:

January
5, 2016
2016
July 25,

John T. Copenhaver, Jr.
United States District Judge
2