UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

________________________________________________________________________

MARIA PARSONS and MICHAEL PARSONS,

MARY ANN JONES and JAMES ARTHUR JONES, SR.,

SHANTELL SHAMEA JONES, Individually,

and as the Parent and Natural Guardian of

CARLOS UDAE STEPHENSON, AARON JONES STEPHENSON,

and OZIAH CARSON JONES, Minor Children,

SANDRA WATTS KENNEDY and KEVIN KENNEDY,

Individually, and as the Parents and Natural Guardians

of MURIELLE KEELY KENNEDY, a Minor Child; and

FARINDA OSTEEN, all individually and

on Behalf of a Class of Persons who are Similarly Situated,

 Plaintiffs,

v. CASE NO.: 1:10-cv-00071-MP-GRJ

KOPPERS INC. f/k/a

KOPPERS INDUSTRIES, INC., 

BEAZER EAST, INC., f/k/a KOPPERS

COMPANY, INC.,

 Defendants.

_______________________________________________________________________

PLAINTIFFS NUNC PRO TUNC MOTION FOR EXTENSION OF TIME TO FILE A 

MOTION FOR CLASS CERTIFICATION & INCORPORATED MEMORANDUM OF 

LAW

________________________________________________________________________

 

 Pursuant to N.D. Fla. Loc. R. 23.1(B), Plaintiffs file their nunc pro tunc Motion for Extension 

of Time to File a Motion for Class Certification and Memorandum of Law. In support thereof, 

Plaintiffs state as follows: 

Case 1:10-cv-00071-MP -GRJ Document 23 Filed 10/06/10 Page 1 of 5
Parsons, et. al. v. Koppers, Inc., et. al.

Case No.: 1:10-cv-00071-MP-GRJ

Plaintiffs’ Nunc Pro Tunc Motion for Extension of Time to 

File a Motion for Class Certification and 

Incorporated Memorandum of Law

Colson Hicks Eidson Colson Matthews Martínez Gonzalez Kalbac & Kane

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134 Telephone: (305) 476-7400 Fax: (305) 476-7444 2

This case is a class action arising from conduct by the in connection with the "Cabot 

Koppers Superfund Site" in Gainesville and Defendants pollution of Plaintiffs’ homes and real 

property with harmful disease causing chemicals like dioxin, benzo(a)pyrene and arsenic. 

Plaintiffs filed this class action case against Defendants Koppers Inc., Beazer East, and 

Cabot Corporation on April 20, 2010. After the filing of the Complaint, in May 2010, Plaintiffs’ 

counsel engaged in extensive negotiations with Cabot Corporation. Beginning in June 2010 and 

the ensuing months, Plaintiffs counsel engaged in informal discovery with Cabot Corporation in 

order to verify the lack of association between pine tar operations and the production of certain 

dioxins as well as arsenic and other compounds associated with Koppers use of creosote, 

pentachlorophenol, and CCA at the Cabot Koppers Superfund Site. In September 2010, 

Plaintiffs’ counsel reached a stipulation from Defendant Cabot Corporation to drop Cabot 

Corporation as a Defendant in this case. On September 27, 2010, and Notice of Voluntary 

Dismissal of Cabot Corporation was filed. [D.E. 20].

After the Notice of Voluntary Dismissal was filed and today’s date, Plaintiffs’ counsel 

also discovered further information that corporations Koppers Holdings and Beazer Limited also 

have liability in this case. The need to drop Cabot Corporation and to add Koppers Holdings and 

Beazer Limited as Defendants required that Plaintiffs file an amended complaint. Accordingly, 

Plaintiffs diligently filed their Amended Complaint on October 6, 2010, dropping Cabot 

Corporation as a Defendant and adding Koppers Holdings and Beazer Limited as Defendants. 

[D.E. 22].

Northern District of Florida Local Rule 23.1(B) requires that counsel seeking class 

certification file a motion for class certification within 90 days of filing the complaint. Counsel’s 

Case 1:10-cv-00071-MP -GRJ Document 23 Filed 10/06/10 Page 2 of 5
Parsons, et. al. v. Koppers, Inc., et. al.

Case No.: 1:10-cv-00071-MP-GRJ

Plaintiffs’ Nunc Pro Tunc Motion for Extension of Time to 

File a Motion for Class Certification and 

Incorporated Memorandum of Law

Colson Hicks Eidson Colson Matthews Martínez Gonzalez Kalbac & Kane

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134 Telephone: (305) 476-7400 Fax: (305) 476-7444 3

failure to file the motion for class certification was a result of excusable neglect and good cause, 

as set forth above, due to the need to drop Cabot Corporation as a defendant and add Koppers 

Holdings and Beazer Limited. Moreover, the filing of a motion for class certification when the 

pleadings would later have to undergo significant amendments would not serve to preserve 

judicial economy and the parties’ resources. In other words, having the Court and the parties’ 

counsel undertake discovery and the filing of motions regarding a motion for class certification 

that would later have to be amended would be a waste of time. Counsel realizes that the best 

course of action given the amendments that were needed to the complaint would have been to 

file a motion for extension of time with the court to file the motion for class certification. 

Counsel respects this Court and its Local Rules and seeks to comply with the Local Rules. As 

such, Counsel requests that the Court accept its nunc pro tunc motion for an extension of time to 

file a motion for class certification within 90 days, or such time as the Court deems appropriate.

Defendants Koppers Inc. and Beazer East, Inc. filed a motion to dismiss Plaintiffs’ 

Complaint [D.E. 17] that is now moot because of Plaintiffs filing of an Amended Complaint. 

[D.E.22]. Nonetheless, Defendants urged the Court and presumably will again, that Plaintiffs’ 

class action allegations should be stricken due to the failure to comply with N.D. Fla. Loc. R. 

23.1(B). 

As set forth above, Plaintiffs’ failure to file a motion for class certification was a result of 

excusable neglect and done for good cause. Defendants’ request to strike Plaintiffs’ class action 

allegations is overly harsh and Plaintiffs’ failure to file the motion for class certification does not 

prejudice Defendants. Defendants’ Motion to Dismiss contains no allegations that Defendants 

were in any manner prejudiced by Plaintiffs not filing a motion for class certification. Indeed, 

Case 1:10-cv-00071-MP -GRJ Document 23 Filed 10/06/10 Page 3 of 5
Parsons, et. al. v. Koppers, Inc., et. al.

Case No.: 1:10-cv-00071-MP-GRJ

Plaintiffs’ Nunc Pro Tunc Motion for Extension of Time to 

File a Motion for Class Certification and 

Incorporated Memorandum of Law

Colson Hicks Eidson Colson Matthews Martínez Gonzalez Kalbac & Kane

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134 Telephone: (305) 476-7400 Fax: (305) 476-7444 4

the lack of filing the motion for class certification benefits Defendants because it saved their 

resources in responding to a motion for class certification that would have to be amended due to 

the amendments to Plaintiffs’ complaint.

WHEREFORE, Plaintiffs respectfully request that the Court enter an order granting Plaintiffs’ 

Nunc Pro Tunc Motion for Extension of Time to File a Motion For Class Certification granting 

Plaintiffs 90 days to file their motion for class certification or whatever amount of time this 

Court believes appropriate.

REQUEST FOR ORAL ARGUMENT

Plaintiffs request oral argument in the issues raised in this motion. Plaintiffs estimate that 

15 minutes will be required for oral argument.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been 

electronically filed with the Clerk of Court this 6th day of October 2010, by using the CM/ECF 

system which will send notice of electronic filing to all parties of record.

By: /s/ Ervin A. Gonzalez 

Ervin A. Gonzalez 

Florida Bar Number 500720

Patrick S. Montoya

Florida Bar Number 0524441

COLSON HICKS EIDSON

255 Alhambra Circle, Penthouse

Coral Gables, Florida 33134

Telephone: (305) 476-7400

Facsimile: (305) 476-7444

Email: Ervin@colson.com

Email: Patrick@colson.com

Case 1:10-cv-00071-MP -GRJ Document 23 Filed 10/06/10 Page 4 of 5
Parsons, et. al. v. Koppers, Inc., et. al.

Case No.: 1:10-cv-00071-MP-GRJ

Plaintiffs’ Nunc Pro Tunc Motion for Extension of Time to 

File a Motion for Class Certification and 

Incorporated Memorandum of Law

Colson Hicks Eidson Colson Matthews Martínez Gonzalez Kalbac & Kane

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134 Telephone: (305) 476-7400 Fax: (305) 476-7444 5

Jordan L. Chaikin

Florida Bar Number 0878421

PARKER WAICHMAN ALONSO LLP

3301 Bonita Beach Road, Suite 101

Bonita Springs, Florida 34134

Telephone: (239) 390-1000

Facsimile: (239) 390-0055

Email: jchaikin@yourlawyer.com

ATTORNEYS FOR PLAINTIFFS

Case 1:10-cv-00071-MP -GRJ Document 23 Filed 10/06/10 Page 5 of 5