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Liphatech, Inc. - LANDMARK CASE (Milwaukee, Wisconsin)
- Docket Number: FIFRA-05-2010-0016
Status: Closed
Statute: FIFRA Federal Insecticide, Fungicide and Rodenticide Act (Penalty)
Complaint Date: 05/14/2010
Closed Date: 06/06/2014
Disposition: Payment Received
Location Filed: Region 05
Filings:
(05/14/2010) #1 Complaint
(06/14/2010) #2 Cover Letter With Liphatech's Answer to the Complaint
(06/18/2010) #3 Offers an Alternative Dispute Resolution (ADR)
(06/28/2010) #4 Agreement to Alternative Dispute Resolution for Liphatech, Inc.
(07/07/2010) #5 Prehearing Order
(07/21/2010) #6 Notice of Complainant's Request for Voluntary Production of Financial Information
(08/04/2010) #7 Respondent's Response of Liphatech, Inc. to Complainant's Request for Voluntary Production of Financial Information
(08/11/2010) #8 Status Report
(09/10/2010) #9 Notice of Substitution of Counsel
(09/15/2010) #10 Complanant's Motion for Leave to Amend Complaint to Reduce Penalty and Memorandum in Support of Complainant's Motion
(09/17/2010) #11 {4 Main Documents} - Motion of Respondent for Partial Accelerated Decision on an Issue of Liability in Favor of Respondent with Respect to the Alleged Violation of §12(a)(2)(E) of FIFRA Set Forth in Counts 1-2, 117 of the Complaint - Legal Memorandum of Respondent in Support of It's Motion for Partial Accelerated Decision on an Issue of Liability in Favor of Respondent with Respect to the Alleged Violation of §12(a)(2)(E) of FIFRA Set Forth in Counts 1-2, 117 of the Complaint - Motion of Respondent to Partially Dismiss the Complaint or in the Alternative for Partial Accelerated Decision on an issue of Liability in Favor of Respondent with Respect to the Alleged Violation of §12(a)(1)(E) of FIFRA - Legal Memorandum of Respondent in Support of It's Motion to Partially Dismiss the Complaint or in the Alternative for Partial Accelerated Decision on an issue of Liability in Favor of Respondent with Respect to the Alleged Violation of §12(a)(1)(E) of FIFRA
(09/28/2010) #12 Complainant's Initial Prehearing Exchange - Complainant's Exhibits (1-115) Too Volumious To Scan
(09/30/2010) #13 - Respondent's Memorandum Opposing Motion of Complainant for Leave to Amend Complaint - Affidavit of Robert H. Fuhrman of Seneca Economics and Environment, LLC in Support of Liphatech, Inc.'s Opposition to Complainant's Motion for Leave to Amend Complaint to Reduce Proposed Penalty
(10/01/2010) #14 Complainant's Combined: Motion For Accelerated Decision As To Counts 1 Through 2,140 Of The Complaint AND Response In Opposition To Motion Of Respondent For Partial Accelerated Decision On An Issue Of Liability In Favor Of Respondent With Respect To The Alleged Violations Of Section 12(A)(2)(E) Of FIFRA Set Forth In Counts 1 Through 2,117 Of The Complaint
(10/01/2010) #15 Complainant's Motion for Leave to Amend the Complaint and Complainant's Response to Motion of Respondent to Partially Dismiss the Complaint or in the Alternative for Partials Accelerated Decision on an Issue of Liability in Favor of Respondent with Respect to the Alleged Violations of § 12(a)(1)(E) OF FIFRA
(10/07/2010) #16 Complainant's Reply To Respondent's Memorandum Opposing Complainant's Motion For Leave To Amend Complaint
(10/13/2010) #17 Respondent’s Reply to Complainant’s Response to Motion of Respondent to Partially Dismiss the Complaint or in the Alternative For Partial Accelerated Decision on an Issue of Liability in Favor of Respondent with Respect to the Alleged Violations of §12(a)(1)(E) of FIFRA AND Respondent’s Response to Complainant’s Motions for Leave to Amend the Complaint.
(10/14/2010) #18 Reply of Respondent to Response of Complainant in Opposition to Motion of Respondent for Partial Accelerated Decision on an Issue of Liability in Favor of Respondent with Respect to the Alleged Violations of § 12(a)(2)(E) of FIFRA set forth in Counts 1 through 2,117 of the Complaint and Memorandum of Law in Support AND Response of Respondent to Combined Motion of Complainant for Accelerated Decision as to Counts 1 through 2,140 of the Complaint.
(10/21/2010) #19 Complainant’s Reply to Respondent’s Response to Complainant’s Motion for Partial Accelerated Decision on Liability for Counts 1 through 2140 of the Complaint AND Complainant’s Reply to Respondent’s Response To Complainant’s Motion For Leave to Amend the Complaint,
(10/29/2010) #20 Respondent's Prehearing Information Exchange - Exhibits 1 through 88 is too volumious to scan
(11/10/2010) #21 Complainant's Rebuttal Prehearing Exchange - EXHIBITS 116 THROUGH 129 TOO VOLUMIOUS
(11/16/2010) #22 Complainant's Motion In Limine To Exclude Testimony and Evidence
(11/18/2010) #23 Complainant's Motion for Accelerated Decision on Liability for Counts 2141 through 2183 of the Complaint
(12/02/2010) #24 Respondent's Opposition To Complainant's Motion In Limine To Exclude Testimony of Mr. Fuhrman and Related Evidence (ATTACHMENT 1 AND EXHIBIT B TOO VOLUMIOUS TO SCAN)
(12/06/2010) #25 Memorandum Of Responent Opposing Motion Of Complainant For Accelerated Decision On Liability For Counts 2,141 Through 2,183 Of The Complaint
(12/10/2010) #26 Complainant's Reply To Respondent's Response To Complainant's Motion In Limine To Exclude Testimony and Evidence
(12/13/2010) #27 Complainant's Reply To Respondent's Response To Complainant's Motion for Accerlerated Decision On Liability For Counts 2,141 Through 2,183 Of The Complainant
(01/06/2011) #28 Motion Of Croplife America and Responsible Industry for a Sound Environment for Leave to File a Non-Party Brief Opposing Complainant's Construction of FIFRA Section 12(a)(1)(B)
(01/06/2011) #29 First Amended Complaint - ATTACHMENTS TOO VOLUMIOUS
(01/03/2011) #30 Order on Prehearing Motions Related to Amending the Complaint
(01/12/2011) #31 Complainant's Response in Opposition to the Motion of Croplife America and Responsible Industry for a Sound Environment for Leave to File a Non-Party Brief Opposing Complainant's Construction of FIFRA Section 12(a)(1)(B)
(01/20/2011) #32 Reply of Croplife America and Rise in Support of Motion for Leave to File a Non-Party Brief Opposing Complainant's Construction of FIFRA Section 12(a)(a)(B) AND Voluntary Rule 29(c) Disclosure of Croplife America and Responsible Industry for a Sound Environment
(01/25/2011) #33 Complainant's First Supplemental Prehearing Exchange - Exhibits 130-136 Too Volumious to Scan
(01/27/2011) #34 Complainant's Motion for Accelerated Decision on Liability for Counts 2,184 through 2,231 of the Complaint and Memorandum in Support
(02/04/2011) #35 Amended Answer to First Complaint with Cover Sheet
(02/10/2011) #36 Order of ReDesignation
(02/14/2011) #37 Memorandum of Respondent Opposing Motion of Complainant for Accelerated Decision on Liability for Counts 2,141 Through 2,183 of the First Amended Complaint with Attachment A NOTE: Excludes Attachments B-H
(02/18/2011) #38 Respondent's First Supplemental Prehearing Exchange
(02/18/2011) #39 Certified Post Card/Proof of Service
(02/22/2011) #40 Complainant's Reply in Support of its Motion for Accelerated Decision on Liability for Counts 2,184 through 2,231 of the Complaint
(02/25/2011) #41 Complainant's Motion for Leave to File Declaration
(02/28/2011) #42 Complainant's Second Supplemental Prehearing Exchange
(03/08/2011) #43 Respondent Does not Object to Complainant's Motion for Leave to File Declaration
(05/09/2011) #44 Order on Complainant's Motion for Leave to File Declaration
(05/10/2011) #45 Order on Motion of Croplife America and Responsible Industry for a Sound Environment for Leave to File a Non-Party Brief Opposing Complainant's Construction of FIFRA Section 12(a)(1)(B)
(05/11/2011) #46 Order on Motions for Accelerated Decision Regarding Alleged Violations of FIFRA § 12(a)(2)(E)
(05/19/2011) #47 Complainant's Response to Non-Party Brief in Opposition to Complainant's Motion for Accelerated Decision on Liability for Counts 2,141 Through 2,183 of the Complaint
(05/12/2011) #48 Additional Rule 16.1 Disclosure of Croplife America and Responsible Industry for a Sound Environment
(06/06/2011) #49 Order on Complainant's Motion in Limine to Exclude Testimony and Evidence
(06/15/2011) #50 Order Scheduling Hearing
(06/29/2011) #51 Order on Motions for Accelerated Decision Regarding Alleged Violations of FIFRA
(07/18/2011) #52 Status Report
(07/25/2011) #53 Complainant's Unopposed Motion for Leave to File It's Third Supplemental Prehearing Exchange and Complainant's Third Supplemental Prehearing Exchange (Attachments not included, too voluminous)
(08/02/2011) #54 Complainant's Unopposed Motion for Leave to File Its Fourth Supplemental Prehearing Exchange and Complainant's Fourth Supplemental Prehearing Exchange
(08/05/2011) #55 Order on Complainant's Unopposed Motions to Supplement
(08/08/2011) #56 Green Card for Confirmation of Court Room for GSA Building Manager
(08/19/2011) #57 Complainant's Third Supplemental Prehearing Exchange with Exhibits 139-146 and Complainant's Fourth Supplemental Prehearing Exchange with Exhibit 147 - Exhibits Not Includede, TOO VOLUMINOUS
(08/24/2011) #58 Respondent’s Motion For Leave to File Its Second Supplemental Prehearing Exchange and Respondent’s Exhibits 91 through 103 - EXHIBITS 91 THROUGH 103 CBI ASSERTED, NOT INCLUDED
(08/25/2011) #59 Respondent’s Motion For Leave to File Its Second Supplemental Prehearing Exchange and Respondent’s Redacted Exhibits 91 through 93 - EXHIBITS 94 THROUGH 95 CBI ASSERTED, NOT INCLUDED
(08/31/2011) #60 Complainant's Motion For Leave To File Fifth Supplemental Prehearing Exchange Instanter and Complainant's Fifth Supplemental Prehearing Exchange
(09/07/2011) #61 Order on Parties' Unopposed Motions to Supplement
(09/12/2011) #62 Confirmation of Administrative Hearing Courtroom Location and Court Reporter
(09/15/2011) #63 Respondent's Second Supplemental Prehearing Exchange -- Exhibits 90 through 103 NOT SCANNED TOO VOLUMINOIS
(09/22/2011) #64 Certified Post Card for Confirmation of Courtroom Location
(09/29/2011) #65 Complainant’s Motion for Leave to File Motion for Leave to File Sixth Supplemental Prehearing Exchange
(10/04/2011) #66 Respondent's Opposition to Complainant's Motion for Leave to File Motion for Leave to File Sixth Supplemental Prehearing Exchange
(10/04/2011) #67 Respondent's Notice of Addition of Counsel
(10/06/2011) #68 Complainant's Reply in Support of Motion for Leave to File Motion for Leave to File Sixth Supplemental Prehearing Exchange Instanter
(10/06/2011) #69 Joint Stipulations and Joint Motion to Admit Certain Exhibits into Evidence
(10/07/2011) #70 Respondent's Motion for Telephone Prehearing Conference
(10/11/2011) #71 Order on Complaint's Sixth Motion to Supplement the Prehearing Exchange
(10/13/2011) #72 Complainant's Prehearing Brief
(10/17/2011) #73 Respondent's Prehearing Brief
(10/19/2011) #74 Complainant's Response in Opposition to Respondent's Motion for Telephonic Prehearing Conference
(10/24/2011) #75 Respondent's Reply in Support of Respondent's Motion for a telephonic Preconference Hearing
(10/26/2011) #76 Order on Prehearing Motions and Order Postponing Hearing
(11/07/2011) #77 Order Rescheduling Hearing
(11/09/2011) #78 Confirmation of Administrative Hearing Courtroom Location and Court Reporter
(01/17/2012) #79 Respondent's Motion to Limit Testimony at Trial Based Upon Joint Stipulations
(01/18/2012) #80 Complainants Response In Opposition to Respondent's Motion to Limit Testimony at Trial Based Upon Joint Stipulation
(01/24/2012) #81 Respondent's Reply to Complainant's Response in Opposition to Respondent's Motion to Limit Testimony at Trial Based Upon Joint Stipulation
(02/07/2012) #82 Order on Respondent's Motion to Limit Testimony at Trial Based Upon Joint Stipulations
(03/05/2012) #83 Hearing Exhibits
(03/08/2012) #84 Invoice for Hearing: Kempfer Court Reporting, Inc.
(04/03/2012) #85 Parties Joint Motion to Conform Transcript
(04/03/2012) #86 Complaint's Motion to Control Transcript and Request Related to Schedule For Submission of Post-Hearing Briefs
(04/04/2012) #87 Respondent's Motion to Conform Transcript
(04/05/2012) #88 Complainant's Response In Opposition to Respondent's Motion to Conform Transcript
(04/12/2012) #89 Complainant's Reply to Respondent's Response in Opposition to Complainant's Motion to Conform Transcript and Request Related to Schedule for Submission of Post-Hearing Briefs
(04/16/2012) #90 Repondent's Response in Opposition to Complainant's Motion to Conform Transcript and Request Related to Schedule for Submission of Post-Hearing Briefs AND Respondent's Reply to Complainant's Response in Opposition to Respondent's Motion to Conform Transcript
(04/18/2012) #91 Order on Motion to Conform the Transcript and Order Scheduling Post-Hearing Briefs
(06/15/2012) #92 Complainant's Post-Hearing Brief
(08/14/2012) #93 Respondent's Post-Hearing Brief
(08/24/2012) #94 Complainant's Repy Brief In Opposition to Respondent's Post-Hearing Brief
(09/06/2012) #95 Respondent's Reply Brief
(11/20/2012) #96 Order of Designation
(12/17/2013) #98 STANDING ORDER AUTHORIZING FILING AND SERVICE BY E-MAIL IN PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
(03/17/2014) #99 Initial Decision
(03/18/2014) #100 ERRATUM
(05/08/2014) #101 Cover Letter With Initial Decision
For more information about this OALJ case, please follow this link: FIFRA-05-2010-0016