Sanders et al v. International Paper Company et al

Filing 258

ORDER: IT IS ORDERED that Defendants' 252 Motion for Partial Summary Judgment as to the Class-Wide Claims for Injunctive and Declaratory Relief is GRANTED. IT IS ALSO ORDERED that Defendants' 253 Motion for Partial Summary Judgment on C laims for Emotional Distress Damages of Certain Subclasses is DENIED without prejudice to re-urge this motion, if necessary, after the completion of Phase One. IT IS FURTHER ORDERED that Plaintiffs' 243 Motion to Strike Defendant's Memorandum is DENIED. Signed by Judge Eldon E. Fallon on 6/10/2021. (cwa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SHIRLEY SLOCUM, ET AL.

CIVIL ACTION

VERSUS

NO. 16-12563

INTERNATIONAL PAPER COMPANY, ET AL.
DERRICK SANDERS, ET AL.

NO. 16-12567

VERSUS
INTERNATIONAL PAPER COMPANY, ET AL.
BRENT JARRELL, ET AL.

NO. 16-13793

VERSUS
INTERNATIONAL PAPER COMPANY, ET AL.

SECTION "L" (1)

ORDER
This matter came before the Court for oral argument regarding the nature of the Phase One
trial. 1 The parties requested that the Court clarify the trial plan for this issue-based class action.
Having considered the record, the parties’ briefings, and the applicable law, the Court concludes
that the Phase One trial will address the issue of Defendant International Paper’s liability for the
discharge of black liquor at the Bogalusa Paper Mill on June 10, 2015. Plaintiffs may present
evidence as to International Paper’s liability pursuant to Louisiana Civil Code Articles 667; 2315;
2317 and 2317.1. That is to say, whether or not the Defendant was negligent in causing the release
of black liquor. If the class prevails on the common liability issues in Phase One, Phase Two shall

1

A transcript of this hearing is available upon request from Court Report, Karen Ibos.

1

consist of various trial flights of approximately five or more class members with like claims to
determine causation and to award damages, if any. See Mullen v. Treasure Chest Casino, LLC,
186 F.3d 620, 623 (5th Cir. 1999); Watson v. Shell Oil Co., 979 F.2d 1014, 1018 (5th Cir.
1992). Plaintiffs are instructed to begin grouping claimants with similar damages to promote the
efficient resolution of Phase Two.
To this end, Plaintiffs confirmed that they are no longer seeking injunctive or declaratory
relief in this matter pursuant to La. C.C. Article 669. See R. Doc. 312-1 at 8. Accordingly, IT IS
ORDERED that Defendants’ Motion for Partial Summary Judgment as to the Class-Wide Claims
for Injunctive and Declaratory Relief, R. Doc. 325, 2 is GRANTED. Plaintiffs’ requests for
injunctive and declaratory relief are dismissed with prejudice.
IT IS ALSO ORDERED that Defendants’ Motion for Partial Summary Judgment on
Claims for Emotional Distress Damages of Certain Subclasses, R. Doc. 326, is DENIED without
prejudice to re-urge this motion, if necessary, after the completion of Phase One.
IT IS FURTHER ORDERED that Plaintiffs’ Motion to Strike Defendant’s
Memorandum, R. Doc. 316, is DENIED. Defendant’s memorandum was properly filed with leave
of Court pursuant to the Court’s request for briefing on this issue.
New Orleans, Louisiana, this 10th day of June, 2021.

UNITED STATES DISTRICT JUDGE

Identical motions as to those discussed here have been filed in the consolidated cases, Sanders v. International
Paper, No. 16- 12567, and Jarrell v. International Paper, No. 16-12793. For the sake of simplicity, this Order only
cites the record in Slocum v. International Paper, No. 16-12563.

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