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Behnke Lubricants, Inc. - LANDMARK CASE - (Menominee Falls, Wisconsin)
- Docket Number: FIFRA-05-2007-0025
Status: Closed
Statute: FIFRA Federal Insecticide, Fungicide and Rodenticide Act (Penalty)
Complaint Date: 05/07/2007
Closed Date: 03/02/2009
Disposition: Payment Received
Location Filed: Region 05
Filings:
Order Scheduling Hearing
(05/07/2007) #1 Complaint
(05/15/2007) # 2 Green Card #: 7001 0320 0006 1562 3037 was signed May 10, 2007.
(06/08/2007) # 3 Respondent's Faxed Answer and Request for Hearing. Original Rec'd: June 11, 2007.
(06/12/2007) # 4 RHC Transmittal letter Forwarding Case Matter to Chief ALJ's Office for Assignment of an ALJ.
(06/19/2007) # 5 Notice of Appearance
(06/19/2007) # 6 Notice of Complainant's Request for Voluntary Production of Financial Information.
(06/21/2007) # 7 Notice of Complainant's Request for Voluntary Production of Information.
(06/22/2007) # 8 Complainant's Email and Transmittal letter Respectfully Declining ADR Process.
(06/28/2007) # 9 Order of Designation -- ALJ, Barbara A. Gunning, presiding.
(06/29/2007) # 10 Prehearing Order
(08/21/2007) # 11 Status Report on Settlement Discussions.
(10/04/2007) # 12 Complainant's Initial Prehearing Exchange (Note: Voluminous exhibits attached but not scanned)
(11/13/2007) # 13 Respondent's Initial Prehearing Exchange and Exhibits.
(11/15/2007) # 14 Complainant's Rebuttal Prehearing Exchange (Exhbits attached)
(11/28/2007) # 15 Motion to Amend Complainant's Rebuttal Prehearing Exchange.
(12/14/2007) # 16 Respondent's Supplemental Prehearing Exchange
(12/20/2007) # 17 Complainant's Supplemental Prehearing Exchange attached w/Exhibits. Note: Exhibits were too volumnist to scan.
(01/09/2008) # 18 Notice of Appearance.
(01/15/2008) # 19 Order Scheduling Heraing. Hearing to commence from Monday, March 31, 2008 to Wednesday, April 9, 2008 in Waukesha County, Wisconsin @ 9:00 am.
(01/17/2008) # 20 Complainant's Motion to Strike Respondent's Affirmative Defenses and Complainant's Motion to Compel Discovery.
(01/22/2008) # 21 Complainant's Motion for Accelerated Decision on Liability and on Defenses and Memorandum in Support of the Motion.
(01/28/2008) # 22 Respondent's Faxed Motion Requesting an Extension of TIme to FIle Opposition to Complainant's Motion for Accelerated Decision. Original Rec'd: January 29, 2008.
(01/28/2008) # 23 Complainant's Notice of Substitution of Expert Witness.
(02/05/2008) # 24 Response to Complainant's Motion to Strike Respondent's Affirmative Defenses and Motion to Compel Discovery.
(02/07/2008) # 25 RHC's Notice of Hearing Location.
(02/12/2008) # 26 RHC's Notice of Correction of Hearing Arrangement.
(02/11/2008) # 27 Complainant's Reply to Respondent's Response to Complainant's Motion to Strike Respondent's Affirmative Defenses and Complainant's Motion to Compel Discovery, and Request for Order Requiring Respondent to Comply with Prehearing Order.
(02/21/2008) # 28 Response to Complainant's Motion for Accelerated Decision on Liability and on Affirmative Defenses with Supporting Documents (Declarations).
(02/27/2008) # 29 Complainant's Third Supplemental Prehearing Exchange.
(02/27/2008) # 30 Complainant's Reply to Respondent's Response to Complainant's Motion for Accelerated Decision on Liability and on Affirmative Defenses.
(03/05/2008) # 31 Faxed Order Denying Complainant's Motion to Strike Respondent's Affirmative Defenses; Order Granting, in Part, and Denying, in Part, Complainant's Motion to Compel Discovery; Order Denying Complainant's Motion for Accelerated Decision on Liability and on Affirmative Defenses. Original Rec'd: March 7, 2008.
(03/07/2008) # 32 Joint Stipulated Facts
(03/07/2008) # 33 Joint Set of Stipulated Exhibits & Joint Motion to Admit Exhibits into Evidence.
(03/12/2008) # 34 Complainant's Joint Stipulated Facts and.....
(03/12/2008) # 35 Complainant's Joint Set of Stipulated Exhibits and Joint Motion to Admit Exhibits into Evidence.
(03/12/2008) # 36 Complainant's Motion to Supplement Prehearing Exchange, Complainant's Fourth Supplemental Prehearing Exchange
(03/14/2008) # 37 Respondent's Second Supplemental Prehearing Exchange. Note: Exhibits were too volumnist to scan.
(03/19/2008) # 38 Complainant's Motion to Supplement Prehearing Exchange.
(03/19/2008) # 39 Complainant's Motion in Limine to Exclude Testimony of James Leroux and Larry Cooper.
(03/19/2008) # 40 Complainant's Fifth Supplemental Prehearing Exchange.
(03/26/2008) # 41 Respondent's Response to Complainant's Motion in Limine to Exclude Testimony of James Leroux and Larry Cooper; and Affidavit of Eric J. Peter.
(04/08/2008) # 43 Declaration of Tracey Huebner (Respondent's Exhibit RX65)
(04/10/2008) # 44 Notice of Filing of Exhibits Consisting of Real Evidence.
(04/15/2008) # 46 Motion to Admit Complainant's Exhibits 6b and 68 into Evidence.
(04/28/2008) # 47 March 31-April 2, 2008 Hearing Transcripts
(04/28/2008) # 49 April 3, 2008 Releasable Hearing Transcript
(05/01/2008) # 50 Faxed Order Setting Briefing Schedule; Original Received: May 7, 2008.
(06/25/2008) # 51 Complainant's Post-Hearing Brief
(06/27/2008) # 52 Respondent's Post-Hearing Brief and Respondent's Proposed Findings of Fact and Conclusions of Law
(07/14/2008) # 53 Complainant's Reply to Respondent's Post-Hearing Brief.
(07/16/2008) # 54 Respondent's Reply Brief
(08/31/2009) #55 Case Closed
(01/18/2011) #56 Certifed Post Card
(01/05/2009) #57 Initial Decision
For more information about this OALJ case, please follow this link: FIFRA-05-2007-0025