Key Documents

The putative class action is case number 0:21-cv-01480-SAL, pending before Judge Sherri A. Lydon in the U.S. District Court of South Carolina (Rock Hill).

Select Case Filings:

• Amended Notice Regarding Jury Selection and Trial — March 19, 2024

• Order on Defendants’ Motion to Dismiss — August 5, 2022

• Filed Consolidated Amended Complaint — December 15, 2021

• Order appointing Interim Co-Lead Class Counsel — December 8, 2021

• Consolidated Amended Putative Class Action Complaint — September 23, 2021

• Motion to Consolidate Cases, Appoint Interim Counsel, and for Leave to File Consolidated Amended Complaint — September 23, 2021

The citizen suit related to the Clean Air Act Prevention of Significant Deterioration (PSD) permit is case number 0:22-cv-02366-SAL, pending before Judge Sherri A. Lydon in the U.S. District Court of South Carolina (Rock Hill).

Select Case Filings:

• Plaintiffs’ Appeal Brief - November 1, 2023

• Plaintiffs’ Notice of Appeal - September 18, 2023

• Order granting New-Indy’s Motion to Dismiss - August 24, 2023

• Filed Complaint — July 22, 2022

The citizen suit related to the Resource Conservation and Recovery Act and Clean Water Act is case number 0:23-cv-00602-SAL, pending before Judge Sherri A. Lydon in the U.S. District Court of South Carolina (Rock Hill).

Select Case Filings:

• TEXT ORDER: The court grants New-Indy Catawba and New-Indy Containerboard's motion to dismiss under Rule 12(b)(6), ECF No. 14 , as to Plaintiffs' second cause of action for open dumping and denies the remainder of New-Indys' motion. This dismissal is without prejudice. The court also denies New-Indy Containerboard's motion to dismiss under to Rule 12(b)(2), ECF No. 15 . A formal written order to follow. — March 18, 2024

• Filed Complaint — February 13, 2023

The EPA’s litigation against New-Indy is case number 0:21-cv-02053-SAL, pending before Judge Sherri A. Lydon in the U.S. District Court of South Carolina (Rock Hill).

Select Case Filings:

• Oral arguments on appeal - January 25, 2024

• Reply Brief of Appellants - June 2, 2023

• Opening Brief of Appellants — March 13, 2023

• Unopposed Motion to Enter Consent Decree — October 25, 2022

• Supplement in Support of Motion to Intervene and Lift Stay – December 23, 2021

  • Exhibit A, Kenneth Norcross December 23, 2021 Report

  • Exhibit B, T. David Hoyle December 23, 2021 Letter to Johanna C. Valenzuela (with PowerPoint slides enclosed)

  • Exhibit C, Steven Hanna December 23, 2021 Report

  • Exhibit D, Rick Osa December 23, 2021 Report

  • Exhibit E, New Indy CAP Air Dispersion Model Analysis, Section 5.3, Page 5-17, Table 5-6

• Motion to Intervene and Lift Stay: United States of America v. Indy Catawba, LLC — September 29, 2021

• Complaint in Intervention: United States of America v. New-Indy Catawba, LLC — September 29, 2021

• EPA Injunction Complaint — July 12, 2021

• Clean Air Act Emergency Order — May 13, 2021

This information is provided by Interim Co-Lead Class Counsel in the New-Indy emissions litigation:
Chase T. Brockstedt and Philip C. Federico of Baird Mandalas Brockstedt & Federico, Richard A. Harpootlian of Richard A. Harpootlian Law Firm, P.A. and T. David Hoyle of Motley Rice LLC

The legal team appointed as Interim Co-Lead Class Counsel is co-counsel with:
Gary V. Mauney of Mauney PLLC, Thomas E. “Tommy” Pope and Ben P. Leader of Elrod Pope Law Firm P.A. and Leon E. Stavrinakis of Stavrinakis Law Firm LLC