| 1 |
02-04-2015 |
Notice of Appeal of Industrial Stormwater Permit No. PA 0053538 on behalf of the [Appellant] for its West Point Facility located in Montgomery County. |
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| 2 |
02-04-2015 |
Petition for Supersedeas [on behalf of the Appellant] regarding monitoring requirement set forth in Industrial Stormwater Permit PA 0053538. |
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| 3 |
02-05-2015 |
ENTRY OF APPEARANCE: filed on behalf of the Department, William H. Gelles, Esquire, Southeast Region, Norristown, PA. |
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| 4 |
02-05-2015 |
PREHEARING ORDER NO. 1: Discovery completed by August 4, 2015; Joint statement of the discovery period filed by March 27, 2015; dispositive motions filed by September 3, 2015. |
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| 5 |
02-06-2015 |
NPDES Permit notice sent to Legislative Reference Bureau for publication in the Pennsylvania Bulletin. (electronic mail and hard copy) |
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| 6 |
02-06-2015 |
Notice of NPDES Permit to be published in the next edition of the Pennsylvania Bulletin. |
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| 7 |
02-06-2015 |
ORDER: Parties shall participate in a conference call on Monday, February 9, 2015 at 10:00 am. |
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| 8 |
02-09-2015 |
ORDER: Supersedeas hearing is scheduled for February 23, 2015 at 9:00 am at the Norristown offices. (Commonwealth Reporting Co. Inc.) |
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| 9 |
02-12-2015 |
Time-stamped copy [February 10, 2015] of the NPDES notice to the Pennsylvania Bulletin. |
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| 10 |
02-17-2015 |
Parties' Pre-hearing Stipulation and Supersedeas with proposed Order under cover letter from Department counsel. (E-filed) |
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| 11 |
02-17-2015 |
ORDER: Parties' prehearing stipulation and supersedeas. |
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| 12 |
02-17-2015 |
ORDER: Supersedeas hearing scheduled for February 23, 2015 is cancelled. (Commonwealth Reporting Co. Inc.) |
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| 13 |
02-24-2015 |
Appellant Merck Sharp & Dohme Corp.'s Amended Notice of Appeal of Industrial Stormwater Permit No. PA 0053538 (e-file) |
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| 14 |
03-26-2015 |
Joint Statement Of The Parties Certifying That They Have Conferred About Settlement submitted on behalf of Appellant Merck Sharp & Dohme Corp., and with the consent and authorization of Appellee Pennsylvania Department of Environmental Protection |
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| 15 |
04-02-2015 |
Joint Request for Extension of Time for both parties to finalize plan for conducting electronic discovery. |
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| 16 |
04-03-2015 |
ORDER: Deadline for the submittal of a proposed plan for conducting electronic discovery is extended until April 17, 2015. |
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| 17 |
04-17-2015 |
Appellant Merck Sharp & Dohme Corp. and Appellee The Department of Environmental Protection
Joint Report Concerning The Discovery Of Electronically Stored Information |
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| 18 |
04-20-2015 |
ORDER: The attached report concerning the discovery of electronically and stored information submitted jointly by the parties pursuant to paragraph 12 of the prehearing order no.1 is adopted. |
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| 19 |
05-26-2015 |
Department's Motion for Partial Dismissal and Memorandum of Law in support thereof; proposed order |
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| 20 |
06-25-2015 |
Appellant Merck Sharp & Dohme Corp.'s Response in Opposition to the Department's Motion for Partial Dismissal; Appellant Merck Sharp & Dohme Corp.'s Memorandum of Law in Opposition to the Department's Motion for Partial Dismissal; and Proposed Order |
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| 21 |
07-07-2015 |
Proposed Case Management Order submitted jointly on behalf of both parties Appellant Merck Sharp & Dohme Corp. and Appellee the Pennsylvania Department of Environmental Protection |
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| 22 |
07-07-2015 |
CASE MANAGEMENT ORDER. |
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| 23 |
07-08-2015 |
Department's Reply Brief in Support of Motion for Partial Dismissal |
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| 24 |
07-14-2015 |
OPINION AND ORDER ON MOTION FOR PARTIAL DISMISSAL: The Department's motion for partial dismissal is denied. |
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| 25 |
09-17-2015 |
Appellant Merck Sharp & Dohme Corp. and Appellee Commonwealth of Pennsylvania Department of Environmental Protection's Joint Motion for Consolidation and proposed Consolidation and Case Management Order |
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| 26 |
09-18-2015 |
CONSOLIDATION AND CASE MANAGEMENT ORDER:The cases at EHB Docket No. 2015-011-L and EHB Docket No. 2015-123-L are consolidated under EHB Docket No. 2015-011-L. a. All factual discovery shall be completed by December 4, 2015. b. Appellant's expert reports, if any, shall be served on or before January 19, 2016.
c. Appellee's expert reports, if any, shall be served on or before February 18, 2016. d. Appellant's rebuttal expert reports, if any, shall be served on or before March 21, 2016. e. All dispositive motions shall be filed on or before April 21, 2016. |
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| 27 |
11-04-2015 |
Department's Request for Stay and Extension of Pre-Hearing Deadlines, and Proposed Order |
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| 28 |
11-05-2015 |
ORDER: The parties shall participate in a conference call at 10:00 a.m. on November 9, 2015. |
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| 29 |
11-09-2015 |
Department's Request, with Merck's Consent, for Extension of Pre-Hearing Deadlines, and Proposed Order |
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| 30 |
11-09-2015 |
ORDER: 1) All factual discovery shall be completed by February 29, 2016. 2) Appellant's expert reports shall be served by April 14, 2016. 3) Appellee's expert reports shall be served by May 12, 2016. 4)Appellant's rebuttal expert reports shall be served by June 16, 2016. 5) All dispositive motions shall be filed by July 11, 2016. |
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| 31 |
02-03-2016 |
Department's Motion for Protective Order and for Stay of Deposition, and Memorandum of Law in Support of Motion |
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| 32 |
02-04-2016 |
ORDER: Deposition is stayed pending resolution of Department's motion for protective order. |
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| 33 |
02-11-2016 |
Appellant Merck Sharp & Dohme Corp.'s Response in Opposition to the Department's Motion for Protective Order, Memorandum of Law in Opposition, and Proposed Order. |
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| 34 |
02-16-2016 |
Department's Motion for Leave to File Reply Brief in Support of Motion for Protective Order |
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| 35 |
02-16-2016 |
ORDER: The Department's motion for leave to file a reply brief is denied. |
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| 36 |
02-25-2016 |
Analytical Services, Inc.'s letter motion to quash subpoena of Charles Chestnut. (fax) |
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| 37 |
02-25-2016 |
Analytical Services, Inc.'s letter motion to quash subpoena of Charles Chestnut. (scan) |
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| 38 |
02-25-2016 |
ORDER ON DEPARTMENT'S MOTION FOR PROTECTIVE ORDER |
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| 39 |
02-25-2016 |
ORDER: The non-party's motion to quash is granted. |
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| 40 |
07-11-2016 |
Department's Motion for Partial Summary Judgment, Statement of Undisputed Material Facts, Memorandum of Law in Support, and Proposed Order |
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| 41 |
07-25-2016 |
Appellant's Unopposed Request for Revised Schedule regarding Submissions on Department's Motion for Partial Summary Judgment |
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| 42 |
07-26-2016 |
ORDER: The Appellant shall submit its opposition to the Department's Motion for Partial Summary Judgment by August 30, 2016. The Department shall submit its reply brief by September 20, 2016. |
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| 43 |
08-30-2016 |
Merck Sharp & Dohme Corp.'s Response in Opposition to the Department's Motion for Partial Summary Judgment: Concise Statement, Response to the Department's Statement of Undisputed Material Facts, Memorandum of Law in Opposition, and Proposed Order |
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| 44 |
09-20-2016 |
Department's Reply Brief in Support of Motion for Partial Summary Judgment |
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| 45 |
09-20-2016 |
WITHDRAWAL OF APPEARANCE: On behalf of [Appellant] Alison Lecker, Esquire. |
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| 46 |
10-11-2016 |
OPINION AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT: It is ordered that the Department's motion for partial summary judgment is granted. Merck's objections in Paragraph 5(h) of its amended notice of appeal in Docket No. 2015-011-L (incorporated by reference in Paragraph 14 of the notice of appeal in Docket No. 2015-123-L) objecting to the Department's decision to withhold approval of Merck's PPC plan are dismissed. The Department's request that we hold as a matter of law that Merck's revised PPC plan fails to comply with 25 Pa. Code § 91.33 is denied. |
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| 47 |
12-09-2016 |
ORDER: It is ordered that the parties shall file a joint status report on or before December 23, 2016. |
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| 48 |
12-23-2016 |
Joint Status Report |
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| 49 |
12-27-2016 |
ORDER: It is hereby ordered that the parties shall file a joint status report on or before January 20, 2017. |
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| 50 |
01-20-2017 |
January 20, 2017 Joint Status Report |
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| 51 |
01-20-2017 |
ORDER: It is ordered that the parties shall file a joint status report on or before February 21, 2017. |
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| 52 |
02-21-2017 |
Joint Status Report |
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| 53 |
02-23-2017 |
ORDER: It is hereby ordered that the parties shall file a joint status report on or before March 20, 2017. |
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| 54 |
03-20-2017 |
Joint Status Report |
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| 55 |
03-21-2017 |
ORDER: The parties shall file a joint proposed case management order on or before April 21, 2017, if the matter is not settled before then. |
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| 56 |
04-17-2017 |
Stipulation of Settlement |
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| 57 |
04-17-2017 |
ORDER: Upon consideration of the Stipulation of Settlement, a copy of which is attached hereto and made part of this Order, it is ordered that (1) within five days of this Order, the Department shall issue Amendment No. 2 to Merck's Permit PA0053538...2) Merck's appeal is dismissed without prejudice...the docket shall be marked closed and settled. |
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| 58 |
04-27-2017 |
Settlement notice sent to Legislative Reference Bureau for publication in the May 13, 2017 of the Pennsylvania Bulletin. (electronic mail and hard copy) |
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| 59 |
04-27-2017 |
Settlement notice sent to Legislative Reference Bureau for publication in the May 13, 2017 of the Pennsylvania Bulletin. |
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| 60 |
05-02-2017 |
Time-stamp copy [May 1, 2017] of Settlement notice sent to Legislative Reference Bureau for publication in the May 13, 2017 of the Pennsylvania Bulletin. |
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| 61 |
11-20-2017 |
Records transferred to Record Center: EHB Box #1303 - Record Center Box #806294. |
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