Carbon Injection Systems LLC -COMPLAINT- NOT CLOSED- (Warren Township, Ohio)
- Docket Number: RCRA-05-2011-0009
Status: Closed
Statute: RCRA Resource Conservation and Recovery Act (Penalty)
Complaint Date: 05/13/2011
Disposition: No Further Action Needed
Location Filed: Region 05
Case Type:
Subtype:
Statute & Section:
Class:
State of Facility:
Filings:
(05/13/2011) #1 Complaint and Compliance Order
(06/23/2011) #2 Respondent Unopposed Motion for Extension of Time to File Answer to Complaint and Compliance Order
(06/23/2011) #3 Order Granting the Unopposed Motion for Extension of Time to File Answer
(07/15/2011) #4 Answer with Cover Letter
(07/26/2011) #5 Offer Alternative Dispute Resolution Process
(07/27/2011) #6 MOTION FOR ADMINISTRATIVE SUBPOENA TO ISSUE FOR THE DEPOSITION OF INTERNATIONAL FLAVORS & FRAGRANCES, LLC and MEMORANDUM IN SUPPORT OF RESPONDENTS’ MOTION FOR ADMINISTRATIVE SUBPOENA TO ISSUE FOR THE DEPOSITION OF INTERNATIONAL FLAVORS & FRAGRANCES, LLC
(08/02/2011) #7 Green card/proof of service
(08/05/2011) #8 Order of Designation
(08/09/2011) #9 PREHEARING ORDER AND ORDER ON RESPONDENTS’ MOTION FOR ADMINISTRATIVE SUBPOENA
(08/12/2011) #10 Joint Motion For Stay Of Proceedings
(08/18/2011) #11 Order On Joint Motion For Stay Of Proceedings
(08/24/2011) #12 Notice of Appearance
(08/29/2011) #13 Joint Status Report
(09/13/2011) #14 Second Joint Status Report
(09/28/2011) #15 Third Joint Status Report
(10/14/2011) #16 Joint Motion for Entry of Stipulation and Protection Order Regarding Confidentiality - CIS et al. Exhibits non-CBI on CD's
(10/14/2011) #17 Complainant's Inital Prehearing Exchange
(10/27/2011) #18 Complainant’s Motion to Replace Complainant’s Exhibit 115 (EXHIBIT 115 is CBI - NOT included)
(10/28/2011) #19 ORDER ON JOINT MOTION FOR ENTRY OF STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY
(11/04/2011) #20 RESPONDENTS CARBON INJECTION SYSTEMS LLC, SCOTT FORSTER AND ERIC LOFQUIST’S INITIAL JOINT PREHEARING EXCHANGE
(11/09/2011) #21 ORDER GRANTING COMPLAINANT’S MOTION TO REPLACE COMPLAINANT’S EXHIBIT 115
(11/18/2011) #22 Complainant's Rebuttal Prehearing Exchange
(12/01/2011) #23 Order Scheduling Hearing
(12/05/2011) #24 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Motion for Status Conference
(12/08/2011) #25 Respondents Carbon Injection Systems LLC, Scott Forester and Eric Lofquist's Motion for A Revised Case Schedule and Renewed Motion for Third Party Discovery AND Respondents Carbon Injection Systems LLC, Scott Forester and Eric Lofquist's Joint Motion for Administrative Subpoenas to Issue for the Discovery Depositions of Third-Party Witnesses
(12/09/2011) #26 Complainant's Motion to Strike Respondents' Affirmative Defenses
(12/13/2011) #27 Complainant's Response to Respondent's Motion for a Revised Case Schedule and Renewed Motion for Third-Party Discovery
(12/15/2011) #28 Order Temporarily Suspending Prehearing Deadlines
(12/15/2011) #29 Respondents Carbon Injection Systems LLC, Scott Forester and Eric Lofquist's Reply to Complainant's Response to Motion for a Revised Case Schedule and Renewed Motion for Third-Party Discovery
(12/21/2011) #30 Complainant's Appearance
(12/27/2011) #31 Repondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Opposition to Complainant's Motion to Strike Respondents' Affirmative Defenses
(12/28/2011) #32 E-mail: Order on Motion for Third Party Discovery and Order Postponing Hearing and Revising Case Schedule
(01/04/2012) #33 U.S. MAIL: Order on Motion for Third Party Discovery and Order Postponsing Hearing and Revising Case Schedule
(01/05/2012) #34 Complainant's Reply to Respondent's Opposition to Complainant's Motion to Strike Respondents' Affrimative Defenses
(01/13/2012) #35 Complainant's Motion to Replace Complainant's Exhibits 2, 3, 9, 12, 79-114 and 135
(01/17/2012) #36 Complainant's Unopposed Motion Proposing Hearing Dates
(01/19/2012) #37 Order Reissuing Subpoenas
(01/20/2012) #38 Order on Complainant's Unopposed Motion Proposing Hearing Dates
(01/30/2012) #39 Order Granting Complainant's Motion to Replace Complainant's Exhibits 2, 3, 9, 12, 79-114, and 135
(02/02/2012) #40 Complainant's Reply to Respondents' Response to Complainant's Motion for an Administrative Subppoena to Issue for the Deposition of a Third-Party Witness, and for Revised Response Date for the Motion
(02/03/2012) #41 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Response to Complainant's Motion for an Administrative Subpoena to Issue for the Deposition of a Third-Party Witness and for a Revised Response Date for the Motion AND Request to Re-Issue Respondent's Subpoena to the Third Party Witness Donald Durivage
(02/03/2012) #42 Complainant's Reply to Respondent's Response to Complainant's Motion for an Administrative Subpoena to Issue for the Deposition of a Third-Party Witness, and for a Revised Response Date for the Motion
(02/14/2012) #43 Order Reissuing Subpoena
(02/21/2012) #44 Order on Complainant Motion to Strike Affirmative Defenses
(02/21/2012) #45 Order Reissuing Subpoena
(02/24/2012) #46 Fourth Joint Status Report
(03/15/2012) #47 Complaintant's Motion for Leave to Amend Complaint
(03/15/2012) #48 Complainant's Motion for Leave to File it's First Supplemental Prehearing Exchange
(03/15/2012) #49 Complainant's First Supplemental Prehearing Exchange
(03/16/2012) #50 Complainant's Motion for Partial Accelerated Decision as to Liability - Filed Under Seal (Contains CBI) NOT INCLUDED
(03/16/2012) #51 Respondent's Carbon Injection System, LLC; Scott Forster and Eric Lofquist's Motion for Accelerated Decsion, Memorandum In Support Thereof, Witness Affidavits, Depositions Declaration of Lawrence W. Falbe and Appendices of Record Exhibits and Authorities - Filed Under Seal (Contains CBI) NOT INCLUDED
(03/26/2012) #52 Order on Complainant's Motion for Leave to Amend Complaint
(04/02/2012) #53 Order on Complainant's Motion for Leave to Amend Complainant
(04/02/2012) #54 Respondents Carbon Injection Systems LLC, Scott Forester and Eric Lofquist's Motion to File Instanter Supplemental Declarations to Certain Expert Reports Previously Filed in Support of their Motion for Accelerated Decision
(04/06/2012) #55 Joint Agreed Motion for Modifying the Pre-Hearing Schedule
(04/09/2012) #56 Order on Respondent's Motion to File Instanter Supplemental Declarations to Certain Experts Report Previously Filed in Support of Their Motion for Accerlerated Decision
(04/09/2012) #57 Joint Stipulation As Facts, Exhibits and Testimony - CBI PORTION SEALED
(04/09/2012) #58 Order on Complainant's Motion for Leave to File Its First Supplemental Prehearing Exchange
(04/09/2012) #59 Order on Respondent's Motion for Leave to File Corrected Memorandum
(04/12/2012) #60 Complainant's First Amended Complaint and Compliance Order Preliminary Statement
(04/16/2012) #61 Order on Agreed Motion for Modifying the Pre-Hearing Schedule
(04/20/2012) #62 Respondents Carbon Injection Systems LLC, Scott Forster, and Eric Lofquist's Answer to U.S. EPA's First Amended Complaint and Compliance Order
(04/23/2012) #63 Complainant's Motion for Leave to File its Second Supplemental Prehearing Exchange AND Complainant's Second Supplemental Prehearing Exchange
(04/23/2012) #64 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Motion for Leave to File First Supplemental Joint Prehearing Exchange AND Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's First Supplemental Joint Prehearing Exchange
(04/24/2012) #65 Confirmation Letter for Reservation of Courtroom for Hearing on June 18 - July 3, 2012
(05/04/2012) #66 Complainant's Motion IN LIMINE to Precude Certain Testimony, Evidence and Documents
(05/04/2012) #67 Respondents Motions IN LIMINE: 1) To Bar Certain Testimony and/or Opinions of U.S. EPA's Fact Witness Michael Beedle; 2) To Preclude U.S. EPA's Evidence of Prior History; 3) Omnibus Motion IN LIMINE on Routine Matters; 4) To Preclude Evidence or Testimony Relating to the Prior History of Scott Forster; 5) To Bar Evidence of the Financial Worth or Asset of Scott Forster and Eric Lofquist
(05/11/2012) #68 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Opposition to Complainant's Motion In Limine
(05/15/2012) #69 Complainant's Motion to Extend Response Deadline for its Responses to Respondent's Motions In Limine
(05/17/2012) #70 COMPLAINANT'S 5 MOTIONS: 1. Complainant’s Response to Respondents’ Motion in Limine to Bar Certain Testimony and/or Opinions of Michael Beedle; 2. Complainant’s Response to Respondents’ Motion in Limine to Bar Evidence of the Financial Worth or Assets of Scott Forster and Eric Lofquist; 3. Complainant’s Response to Respondents’ Motion in Limine to Preclude U.S. EPA’s Evidence of “Prior History”; 4. Complainant’s Response to Respondents’ Motion in Limine to Preclude Evidence or Testimony Relating to the “Prior History” of Scott Forster; 5. Complainant’s Response to Respondents’ Omnibus Motion in Limine on “Routine” Matters
(05/17/2012) #71 Respondents Carbon Injection Systems, LLC, Scott Forster and Eric Lofquist's Joint Response to Complainants Motion to Extend Response Deadline for Its Responses to Respondents' Motions in Limine
(05/23/2012) #72 Order on Parties' Motions for Leave to File Supplemental Prehearing Exchanges
(05/23/2012) #73 Order on Complainant's Motion to Extend Response Deadline for its Responses to Respondents' Motions In Limine
(05/24/2012) #74 Complainant's Motion for Issuance of Subpoenas
(05/25/2012) #75 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Motion for Administrative Subpoenas
(05/30/2012) #76 Respondents Carbon Injection Systems LLC, Scoot Forster and Eric Lofquist's Motion Regarding the Cross Examination of Mr. Beedle
(05/30/2012) #77 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Response to Complainant's Motion for Issuance of Subpoenas
(05/31/2012) #78 Complainant's Prehearing Brief
(06/01/2012) #79 Complainant's Motion for Leave to File Its Third Supplemental Prehearing Exchange
(06/01/2012) #80 Complainant's Third Supplemental Prehearing Exchange
(06/01/2012) #81 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Pre-Hearing Brief
(06/01/2012) #82 Order on Respondents' Omnibus Motion in Limine on Routine Matters
(06/04/2012) #83 Complainant's Response to Respondents' Motion Regarding the Cross Examination of Mr. Beedle
(06/04/2012) #84 Order Issuing Subpoenas
(06/04/2012) #85 Corrected Order Issuing Subpoenas
(06/04/2012) #86 Order Issuing Subpoenas - TWO PAGES
(06/04/2012) #87 Order on Respondents' Motion in Limine to Bar Certain Testimony and/or Opinions of U.S. EPA's Fact Witness Michael Beedle
(06/04/2012) #88 Order on Complainant's Motion In Limine to Preclude Certain Testimony Evidence, and Documents, and Respondents Motion in Limine to Bar Evidence of the Financial Worth or Assests of Scott Forster and Eric Lofquist
(06/04/2012) #89 Order on Motions for Accelerated Decision - Redacted - Original Contains Confidential Business Information
(06/05/2012) #90 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Motion for Leave to File Second Supplemental Joint Prehearing Exchange AND CORRECTED FIRST PAGE
(06/05/2012) #91 Respondent Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Second Supplemental Joint Prehearing Exchange Exhibits RX21 (CORRECTED ) and RX 116 FILED UNDER SEAL - ONLY COVER SHEET
(06/05/2012) #92 Notice of Appearance for Respondents Carbon Injection Systems, Scott Forster and Eric Lofquist
(06/05/2012) #93 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Second Supplemental Joint Prehearing Exchange
(06/06/2012) #94 Complainant's Response to Respondents' Motion for Leave to File Their Second Supplemental Joint Prehearing Exchange
(06/07/2012) #95 Joint Notification Regarding Written Testimony of Thomas Guido and David Shepherd
(06/07/2012) #96 Order on Respondents' Motion Regarding the Cross Examination of Mr. Beedle
(06/07/2012) #97 Order on complainant's Motion for Leave to File its Third Supplemental Prehearing Exchange
(06/07/2012) #98 Respondents Reply to Complainant's Response to Respondent's Motion for Leave to File Their Second Supplemental Joint Prehearing Exchange
(06/07/2012) #99 Respondents' Motion for Leave to File Reply to Complainant's Response to Respondents' Motion for Leave to File Their Second Supplemental Joint Prehearing Exchange
(06/07/2012) #100 COVER SHEET Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Second Supplemental Joint Prehearing Exchange - Exhibits RX117 TO RX120 - FILED UNDER SEAL - CONTAINS CONFIDENTIAL BUSINESS INFORMATION - NOT INCLUDED
(06/08/2012) #101 Complainant's Motion for Leave to File the Second Amended Complaint AND Signed Second Amended Complaint AND Redline Complaint
(06/11/2012) #102 Notification Regarding Submission of Written Testimony of Bruce M. Sass, Ph.D AND Notification Regarding Submission of Written Testimony of Bruce M. Sass, PH.D: Exhibit 1 - Filed Under Seal: Contains Confidential Business Information (NOT INCLUDED) ONLY COVER SHEET
(06/12/2012) #103 Order on Respondents' Motions in Limine to Preclude Certain Evidence or Testimony Relating to Prior History
(06/13/2012) #104 Complainant's Motion for Leave to File its Fourth Supplemental Prehearing Exchange AND Complainant's Fourth Supplemental Prehearing Exchange AND Revised Exhibits COVER SHEET FOR CX7-4/17/09 GTI ARE CBI NOT INCLUDED
(06/13/2012) #105 Joint Stipulations as to Expert Witness Qualifications
(06/15/2012) #106 Order on Complainant's Second Motion for Leave to Amend Complaint
(06/15/2012) #107 Order on Respondents' Motion for Leave to File Second Supplemental Joint Prehearing Exchange
(02/03/2012) #108 Complainant's Reply to Respondents' Response to Complainants Motion for an Administrative Subpoena to Issue for the Deposition of a Third-Party Witness, and for a Revised Response Date for the Motion
(03/16/2012) #109 REDACTED - Complainant's Motion for Partial Accelerated Decision as to Liability AND Complainant's Memorandum in Support of its Motion for Partial Accelerated Decision as to Liability
(03/16/2012) #110 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Motion for Accelerated Decision, Memorandum in Support thereof, Witness Affidavits, Depositions Declaration of Lawrence W. falbe and Appendices of Record Exhibits and Authorities Disc One - Disc Four, NOT INCLUDED; CBI Claimed
(04/02/2012) #111 Complainant's Response to Respondents Motion for Accelerated Decision
(04/02/2012) #112 CBI - COVERSHEET ONLY - Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Opposition to Complainants' Motion for Partial Accelerated Decision as to Liability, and Affidavits, Reports, Exhibits and Authorities -NOT INCLUDED
(04/03/2012) #113 -CORRECTED- CBI CLAIMED - COVERSHEET ONLY Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Memorandum in Opposition to Complainant's Motion for Partial Accelerate Decision as to Liability - NOT INCLUDED
(04/03/2012) #114 Respondent Motion for Leave to File Corrected Memorandum
(04/13/2012) #115 Complainant's Reply to Respondents' Memorandum in Opposition to Complainant's Motion for Partial Accelerated Decision
(04/13/2012) #116 COVERSHEET ONLY - CBI CLAIMED Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist Reply to Complainant's Response to Respondents' Motion for Accelerated Decision
(07/10/2012) #117 Hearing Exhibits: Too Voluminous to Scan
(07/30/2012) #118 Confirmation of Transcript
(08/06/2012) #119 Post-Hearing Scheduling Order
(08/06/2012) #120 Certified Post Card/Proof of Service - Lawrence W. Falbe, Esquire
(08/06/2012) #121 Certified Post Card/Proof of Service --Honorable Susan L. Biro, Chief Administrative Law Judge
(08/10/2012) #122 Parties' Joint Motion to Conform Transcript
(08/13/2012) #123 Certified Post Card/Proof of Service for Keven D. Eiber, Esquire and Meagan L. DeJohn Attorney
(08/20/2012) #124 Order On Joint Motion To Conform Transcript
(08/13/2012) #125 Certified Post Card/Proof of Service
(10/05/2012) #126 Letter Regarding Two Compact Discs, Each with a Separate Exhibit (RX117 and RX119 Respspectively)
(10/12/2012) #127 United States Environmental Protection Agency Region 5 Case Team Two Exhibits for Court's Record: FDX1 - Fruehan handwritten notes (photograph) [see Transcript at 1100] and RDX11 - Sass handwritten notes (photograph) [see Transcript at 1615]
(10/12/2012) #128 REDACTED Complainant's Initial Post-Hearing Brief
(11/19/2012) #129 Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Motion to Supplement the Record (All Documents Not Scanned too Voluminous)
(11/26/2012) #130 Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Initial Joint Post-Hearing Brief
(12/03/2012) #131 Complainant's Response to Respondent's Joint Motion to Supplement the Record, or in the Alternative, Complainant's Motion to Supplement the Record
(12/12/2012) #132 Respondent's Joint Reply to Complainant's Response to Respondent's Joint Motion to Supplement the Record and Opposition to Complainant's Motion to Supplement the Record
(12/20/2012) #133 Complainant's Post-Hearing Reply Brief (ATTACHMENT NOT INCLUDED, TOO VOLUMINOUS)
(01/15/2013) #134 Notice of Withdrawal of J. Matthaw Moore
(01/24/2013) #135 CBI REDACTED FOR FILING IN PUBLIC RECORD Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Initial Joint Post-Hearing Brief
(01/25/2013) #136 CBI- FILED UNDER SEAL: Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Sur-Reply Brief
(01/28/2013) #137 CBI REDACTED: Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Sur-Reply Brief (DOCUMENT NOT SIGNED; CALLED LARRY FALBE)
(12/17/2013) #139 STANDING ORDER AUTHORIZING FILING AND SERVICE BY E-MAIL IN PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
(01/29/2013) #140 CBI REDACTED: Respondents Carbon Injection Systems LLC, Scott Forster and Eric Lofquist's Joint Sur-Reply Brief (DOCUMENT SIGNED;
(03/20/2015) #141 Order Regarding Redactions From Initial Decision on the Basis of CBI
(04/03/2015) #142 Complainant's First Status Report
(04/09/2015) #143 Complainant's Motion for Extension of Time to File Petition for Review
(05/11/2015) #144 Respondent's Notice of Change of Address
(05/21/2015) #145 Complainant's Exhibits on Discs -
(05/21/2015) #146 Respondent's Exhibits on CD
(05/19/2015) #147 Certified Post Cards/Proof of Service for Receipt of Transcripts to EAB
(06/11/2015) #148 Certified Post Cards/Proof of Service for EAB Eurika Durr - Case Documents June 11 and June 16, 2015
(07/23/2015) #149 Certified Post Card/Proof of Service for Initial Decsion Issued by Judge Biro on 3-17-2015
(08/04/2015) #150 Notice of Withdrawal of Appearance of Counsel
(08/17/2015) #151 United States Environmental Protection Agency Response To That Portion Of The July 14, 2015 Order Directing The Parties To Provide Exhibits and Testimony - NOT SCANNED-
(09/15/2015) #152 Response Brief of the U.S. EPA
(09/15/2015) #153 Notice of Designation of Counsel for Agrument
(09/17/2015) #154 Unopposed Motion of Appellant for Change In Oral Argument Date
(10/16/2015) #155 Post-Argument Brief of Appellant United States Environmental Protection Agency