UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

James Sampson, et al.,

PLAINTIFFS

v.

SunCoke Energy, Inc., et al., 

DEFENDANTS

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CASE NO. 1:17-cv-658

Judge Michael R. Barrett

PLAINTIFFS’ COMBINED MOTION AND MEMORANDUM FOR LEAVE TO 

NOTIFY COURT OF MATERIAL DEVELOPMENTS REGARDING PLAINTIFFS’ 

MOTION FOR PRELIMINARY INJUNCTION

Pursuant to Fed. R. Civ. P. 7 and S.D. Ohio Civ. R. 7.2(a)(2), Plaintiffs respectfully move 

for leave to notify the Court of two developments that are material to Plaintiffs’ Motion for 

Preliminary Injunction (Docs. 24, 32, and 46). First, leave is sought to provide declaration and 

photographic evidence that the conditions detailed by live, photographic, and video testimony 

admitted into evidence during the September 2018 Preliminary Injunction hearing have continued 

through the present. Second, the threat posed by those continuing nuisance conditions is even more 

acute in light of the COVID-19 pandemic because of the intertwined threats posed by the virus and 

PM 2.5 air pollution.

The declaration of Plaintiff Jim Sampson and the attached visual evidence demonstrate that 

air pollution from Defendants’ coke plant continues to adversely impact the health and welfare of the 

Plaintiffs and the surrounding area and continues to deprive the Plaintiffs’ of the use and quiet 

enjoyment of their homes. The sworn statement advises the Court that Mr. Sampson and his wife

continue to suffer severe headaches and other adverse health impacts during and after continued 

exposure to air pollution from the Defendants’ coke plant. Mr. Sampson remains apprehensive about 
his health, in light of a restrictive airway diagnosis, and the health of his family who live on the 

property with him. Mr. Sampson’s declaration, which Plaintiffs seek leave to file, is proposed Ex. 1. 

Mr. Sampson’s apprehension and the impacts of Defendants’ pollution are even more 

pronounced as a result of COVID-19 and the stay at home order, which has further increased the time 

the Plaintiffs must remain at home and in close proximity to the coke plant and its pollution. The 

threat posed by the coronavirus is, according to a recent Harvard study, greater for those who have 

been exposed to elevated concentrations of PM 2.5, one of the key pollutants at issue in this case. 

The research paper discussing that study, which Plaintiffs seek leave to file, is proposed Ex. 2.

Plaintiffs request leave to provide this supplemental information because it is material to the 

Court’s evaluation of Plaintiffs’ Motion for a Preliminary Injunction, including determinations 

regarding threatened irreparable harm and the likelihood of success on Plaintiffs’ nuisance claims.

Respectfully submitted,

s/ D. David Altman

D. David Altman (0021457), Trial Attorney

Justin D. Newman (0080968)

Robin A. Burgess (0096442)

AltmanNewman Co. LPA

15 East 8th Street, Suite 200W

Cincinnati, Ohio 45202

(513) 721-2180

Fax: (513) 721-2299

daltman@environlaw.com

Attorneys for the Sampsons and Gannons
CERTIFICATE OF SERVICE

I hereby certify that on May 14, 2020, I electronically filed a copy of the foregoing with 

the Clerk of the Court using the CM/ECF system. Notice of this filing will be sent to all parties 

in the case by operation of the Court's electronic filing system. Parties may access this filing 

through the Court's system. 

s/ Robin A. Burgess 

Robin A. Burgess

An Attorney for Plaintiffs