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Rizzo v. Applied Materials Inc.

Summary Judgment for Firms in Toxic Exposure Case Denied Vacatur, Reconsideration

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DECISION AND ORDERI. BACKGROUND1 On April 30, 2015, Plaintiff Timothy J. Rizzo filed a complaint in the Northern District of New York against Defendants Globalfoundries USA, Inc. and Applied Materials, Inc. (“Defendants”), pursuant to 28 U.S.C. §1332(a), alleging that Defendants’ chemicals and conduct caused him to develop granulomatosis with polyangiitis (“GPA”). See Dkt. No. 1. Plaintiff filed an amended complaint on July 29, 2015. See Dkt. No. 35. On September 1, 2015, Magistrate Judge Baxter ordered the parties to engage in phased discovery, with phase I addressing the general causation of Plaintiff’s GPA. See Dkt. No. 56.On December 20, 2016, Plaintiff moved for leave to file a second amended complaint. See Dkt. No. 158. The proposed second amended complaint would have alleged additional chemicals that could have caused GPA and moved the beginning of the exposure period from 2012 back to 2011. See Dkt. No. 158-4 at 1. The next day, Defendants filed a joint motion for summary judgment on the grounds that Plaintiff would be unable to establish general causation. See Dkt. No. 162. On September 11, 2017, this Court issued a Memorandum-Decision and Order (the “September Order”) denying Plaintiff’s motion for leave to file a second amended complaint and granting Defendants’ motion for summary judgment. See Dkt. No. 176. On October 11, 2017, Plaintiff filed a motion to reargue, renew, and amend. See Dkt. No. 182. Defendants have filed a joint request to strike Plaintiff’s reply memorandum. See Dkt. No. 198.On October 23, 2017, Plaintiff’s attorney moved to withdraw as counsel. See Dkt. No. 187. Mr. Mills discussed the end of his service with Plaintiff on September 24, 2017. See id. at 6. Mr. Mills states in a sworn affidavit that his retainer agreement with Plaintiff was limited to general causation proceedings, up to and including opposing any motions for summary judgment brought by Defendants. See Dkt. No. 187-1 at

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