Hayes v. Asbestos Corp Ltd et al
Douglas L Hayes, Chad L Hayes and Chris L Hayes |
Ford Motor Co, Toyota Motor Corp, Toyota Motor Sales U S A Inc, Case New Holland Inc, Asbestos Corp Ltd, Honeywell International Inc and C N H America L L C |
2:2013cv02392 |
July 31, 2013 |
US District Court for the Western District of Louisiana |
Lake Charles Office |
Jefferson Davis |
Kathleen Kay |
James T Trimble |
P.I. : Asbestos |
28 U.S.C. § 1332 Diversity-Asbestos Litigation |
Both |
Docket Report
This docket was last retrieved on May 28, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 128 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the motions for summary judgments (R. #86, 87, 88, 89, 91 and 94) are hereby GRANTED dismissing with prejudice plaintiffs' claims against defendants, Honeywell International, Inc., Toyota Motor Sales USA, Inc., CNH America, LLC, and Ford Motor Company at plaintiffs' costs. Signed by Judge James T Trimble, Jr on 05/28/2015. (crt,Tice, Y) |
Filing 127 MEMORANDUM RULING re #94 MOTION for Summary Judgment MOTION Request for Oral Argument filed by Toyota Motor Sales U S A Inc. The Motion for Summary Judgment will be granted dismissing with prejudice, plaintiffs' claims against Toyota Motor Sales, Inc. and judgment will be rendered in accordance with the court's rulings made herein. Signed by Judge James T Trimble, Jr on 05/28/2015. (crt,Tice, Y) |
Filing 126 MEMORANDUM RULING re #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation filed by Ford Motor Co, #87 MOTION for Summary Judgment filed by Honeywell International Inc. The court finds that plaintiffs have failed to create a genuine issue of fact for trial as to product identification and causation, a necessary element to plaintiffs' claim. Accordingly, the court will grant both Honeywell and Ford's Motions for Summary Judgment as to product identification and the claims made against them will be dismissed with prejudice and judgment will be rendered in accordance with the court's ruling made herein. Signed by Judge James T Trimble, Jr on 05/28/2015. (crt,Tice, Y) |
Filing 125 MEMORANDUM RULING re #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use" filed by Honeywell International Inc, #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act filed by Ford Motor Co. The Motions for Summary Judgment will be granted, dismissing with prejudice, plaintiffs' claims against defendants, Honeywell International Inc. and Ford Motor Company, and judgment will be rendered in accordance with the court's rulings made herein. Signed by Judge James T Trimble, Jr on 05/28/2015. (crt,Tice, Y) |
Filing 124 MEMORANDUM RULING re #86 MOTION for Summary Judgment filed by C N H America L L C. Plaintiffs have failed to create a genuine issue of fact for trial as to Mr. Hayes' exposure to asbestos from any CNH products. Accordingly, the court will grant CNH's motion for summary judgment and dismiss with prejudice this defendant, and judgment will be rendered in accordance with the court's rulings made herein. Signed by Judge James T Trimble, Jr on 05/28/2015. (crt,Tice, Y) |
Filing 123 ORDER granting #121 Motion to Appear Pro Hac Vice for appearance of Jack R Reiter for Honeywell International Inc. Signed by Magistrate Judge Kathleen Kay on 5/13/2015. (crt,Dauterive, C) |
Filing 122 MINUTES for proceedings held before Judge James T Trimble, Jr: MOTION HEARING held on 5/12/2015 re #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use" filed by Honeywell International Inc, #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation filed by Ford Motor Co, #94 MOTION for Summary Judgment MOTION Request for Oral Argument filed by Toyota Motor Sales U S A Inc, #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act filed by Ford Motor Co. (Court Reporter: Myra Primeaux) (crt,Roaix, G) |
Filing 121 Ex Parte MOTION for Jack R. Reiter to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2799611) by Honeywell International Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Certificate of good standing, #3 Affidavit)(aty,McMillan, Sarah) |
Filing 120 ORDER granting #119 Motion to Appear Pro Hac Vice for appearance of Kevin P Greene for Honeywell International Inc. Signed by Magistrate Judge Kathleen Kay on 4/28/2015. (crt,Dauterive, C) |
Filing 119 Ex Parte MOTION for Kevin P. Greene to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2786370) by Honeywell International Inc. Motions referred to Kathleen Kay. (Attachments: #1 Certificate of good standing, #2 Affidavit, #3 Proposed order)(aty,McMillan, Sarah) |
Filing 118 ELECTRONIC ORDER granting #117 Motion for Hearing on Motions for summary judgment ( R. #87 and 88) to be held on May 12, 2015 in Alexandria, Louisiana at 10:00 a.m.. Signed by Judge James T Trimble, Jr on 04/17/2015. (crt,Petrofes, T) |
Filing 117 Ex Parte MOTION for Oral Argument re #87 MOTION for Summary Judgment , #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use" by Honeywell International Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,McMillan, Sarah) Modified on 4/16/2015 to edit text (Dauterive, C). |
Motions Transferred regarding #117 Ex Parte MOTION for Oral Argument re #87 MOTION for Summary Judgment , #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use". Motions referred to James T Trimble, Jr. (crt,Dauterive, C) |
Set/Reset Deadlines as to #94 MOTION for Summary Judgment MOTION Request for Oral Argument, #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act, #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation. Motion day set for 5/12/2015 10:00 AM in Alexandria, 3rd floor before Judge James T Trimble Jr. Per Electronic Order 116 (crt,FinnSld, P) |
Filing 116 ELECTRONIC ORDER granting #92 Motion for Oral Arguments as to MSJ by Ford Motor Co. (R.#89 and 91); granting #94 Motion for Oral Arguments as to MSJ by Toyota ( R. #94). Hearing is hereby set for May 12, 2015 at 10:00 a.m. before the undersigned in Alexandria, Louisiana. (515 Murray Street).. Signed by Judge James T Trimble, Jr on 04/14/2015. (crt,Petrofes, T) |
Filing 115 REPLY to Response to Motion re #94 MOTION for Summary Judgment MOTION Request for Oral Argument filed by Toyota Motor Sales U S A Inc. (Attachments: #1 Exhibit Deposition of Douglas L. Hayes, #2 Exhibit Deposition of Dr. William Longo, #3 Exhibit Deposition of Mark W. Jakstis, #4 Exhibit Deposition of Murray Finkelstein, Ph.D., #5 Exhibit Deposition of Arthur Frank, MD)(aty,Williams, Lance) |
Filing 114 REPLY to Response to Motion re #86 MOTION for Summary Judgment filed by C N H America L L C. (Attachments: #1 Exhibit 9 - CNH depo vol 2, #2 Exhibit 10 - engineering drawing, #3 Exhibit 11 - engineering drawing, #4 Exhibit 12 - engineering drawing, #5 Exhibit 13 - engineering drawing, #6 Exhibit 14 - Davidson decision)(aty,O'Cain, Patrick) |
Filing 113 MEMORANDUM in Opposition re #94 MOTION for Summary Judgment MOTION Request for Oral Argument filed by Chris L Hayes and Chad L Hayes. (Attachments: #1 Statement of material facts P's Local Rule 56.2, #2 Exhibit Depo of Douglas Hayes, #3 Exhibit Depo of Oustalet, #4 Exhibit Affidavit of Oustalet, #5 Exhibit Toyota Resp to Supp INT No. 1, #6 Exhibit Toyota 30(b)(6) 3.20.15, #7 Exhibit Toyota Supp Answer to INT No. 10, #8 Exhibit Toyota 30(b)(6) 12.23.09, #9 Exhibit MSDS Sheets, #10 Exhibit Depo of Dr. Longo, #11 Exhibit Expert Report - Dr. Arthur Frank, #12 Exhibit Expert Report - Dr. Finkelstein)(aty,Hoffman, Philip) Modified on 4/2/2015 to correct filers (Dauterive, C). |
Filing 112 MEMORANDUM in Opposition re #86 MOTION for Summary Judgment by CNH filed by Chad L Hayes, Chris L Hayes. (Attachments: #1 Statement of material facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(aty,Hoffman, Philip) |
Filing 111 ELECTRONIC ORDER, Due to a scheduling conflict, the trial of this matter currently set for 06/15/2015 is continued and reset for 8/3/2015 09:30 AM in ALEXANDRIA, LOUISIANA, (515 Murray Street) in the 2nd floor courtroom before Judge James T Trimble Jr.). Signed by Judge James T Trimble, Jr on 03/26/2015. (crt,Petrofes, T) |
Filing 110 REPLY to Response to Motion re #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation filed by Ford Motor Co. (aty,Ziffer, Lee) |
Filing 109 REPLY to Response to Motion re #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act filed by Ford Motor Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(aty,Ziffer, Lee) |
Filing 108 REPLY to Response to Motion re #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use" filed by Honeywell International Inc. (Attachments: #1 Exhibit A - Expert Report William Longo, #2 Exhibit B - Deposition of William Longo, #3 Exhibit C - Testimony of William Longo (Frye Hearing))(aty,McMillan, Sarah) |
Filing 107 REPLY to Response to Motion re #87 MOTION for Summary Judgment filed by Honeywell International Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(aty,McMillan, Sarah) |
Filing 106 MEMORANDUM in Opposition re #87 MOTION for Summary Judgment , #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation filed by Chad L Hayes, Chris L Hayes. (Attachments: #1 Statement of material facts Contested Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(aty,Hoffman, Philip) Modified on 3/9/2015 to remove filer (Whidden, C). |
Filing 105 MEMORANDUM in Opposition re #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act, #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use", #94 MOTION for Summary Judgment MOTION Request for Oral Argument filed by Chad L Hayes, Chris L Hayes. (Attachments: #1 Statement of material facts Contested Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(aty,Hoffman, Philip) Modified on 3/9/2015 to remove filer (Whidden, C). |
Filing 104 NOTICE of Deficiency to Philip Charles Hoffman on behalf of Chad L Hayes, Chris L Hayes regarding #102 Memorandum in Opposition to Motion. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Whidden, C) |
Filing 103 NOTICE of Deficiency to Philip Charles Hoffman on behalf of Chad L Hayes, Chris L Hayes regarding #101 Memorandum in Opposition to Motion. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Whidden, C) |
Filing 102 DEFICIENT MEMORANDUM in Opposition re #87 MOTION for Summary Judgment , #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation filed by Chad L Hayes, Chris L Hayes. (Attachments: #1 Statement of material facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(aty,Hoffman, Philip) Modified on 3/9/2015 to indicate deficient status (Whidden, C). Modified on 3/9/2015 to indicate that this document has been refiled in its entirety. See #106 Memorandum in Opposition (Whidden, C). |
Filing 101 DEFICIENT MEMORANDUM in Opposition re #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act, #92 MOTION Request for Oral Argument on Ford Motor Company's Motion for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liabilty Act and Ford Motor Company's Motion for Summary Judgment on Pro, #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use" filed by Chad L Hayes, Chris L Hayes. (Attachments: #1 Statement of material facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(aty,Hoffman, Philip) Modified on 3/9/2015 to indicate deficient status (Whidden, C). Modified on 3/9/2015 to indicate that this document has been refiled in its entirety. See #105 Memorandum in Opposition (Whidden, C). |
Set/Reset Deadlines as to #94 MOTION for Summary Judgment MOTION Request for Oral Argument. Responses due by 4/2/2015 Replies due by 4/14/2015. (crt,FinnSld, P) |
Set/Reset Deadlines as to #86 MOTION for Summary Judgment . Responses due by 3/31/2015 Replies due by 4/14/2015. (crt,FinnSld, P) |
Filing 100 ELECTRONIC ORDER granting #97 Motion to Continue. Plaintiff's opposition is due not later than 4/2/2015 and defendant's reply is due no later than 4/16/2015.. Signed by Judge James T Trimble, Jr on 03/05/2015. (crt,Petrofes, T) |
Filing 99 ELECTRONIC ORDER granting #96 Motion to Continue. Plaintiff's opposition is due no later than 3/31/2015. Defendant's reply is due no later than April 14, 2015.. Signed by Judge James T Trimble, Jr on 03/05/2015. (crt,Petrofes, T) |
Filing 98 MEMORANDUM in Opposition re #97 MOTION to Continue Toyota's Motion For Summary Judgment with consent sought but not yet obtained filed by Toyota Motor Sales U S A Inc. (aty,Williams, Lance) |
Filing 97 MOTION to Continue Toyota's Motion For Summary Judgment with consent sought but not yet obtained by Chad L Hayes, Chris L Hayes, Douglas L Hayes. (Attachments: #1 Proposed order, #2 Memorandum / Brief, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(aty,Hoffman, Philip) |
Filing 96 Joint MOTION to Continue Setting on CNH's "Motion for Summary Judgment" with consent by C N H America L L C, Chad L Hayes, Chris L Hayes, Douglas L Hayes. (Attachments: #1 Proposed order)(aty,O'Cain, Patrick) Modified on 3/3/2015 to add filers (Dauterive, C). |
Filing 95 NOTICE of Motion Setting without oral argument regarding #94 MOTION for Summary Judgment. Motions referred to James T Trimble, Jr. Motion day set for 3/25/2015 before Judge James T Trimble Jr. (crt,Yocum, M) |
Filing 94 MOTION for Summary Judgment, MOTION Request for Oral Argument by Toyota Motor Sales U S A Inc. (Attachments: #1 Statement of material facts, #2 Proposed order, #3 Memorandum / Brief, #4 Exhibit)(aty,Williams, Lance). Added MOTION for Hearing on 2/17/2015 (Yocum, M). |
Filing 93 NOTICE of Motions Setting without oral argument regarding #86 MOTION for Summary Judgment , #87 MOTION for Summary Judgment , #88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use", #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act, #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation. Motions referred to James T Trimble, Jr. Motion day set for 3/25/2015 before Judge James T Trimble Jr. (crt,Dauterive, C) |
Filing 92 MOTION Request for Oral Argument on Ford Motor Company's Motion for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liabilty Act and Ford Motor Company's Motion for Summary Judgment on Product Identification, Exposure, and Causation re #89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act, #91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation by Ford Motor Co. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Ziffer, Lee) |
Filing 91 MOTION for Summary Judgment on Product Identification, Exposure, and Causation by Ford Motor Co. (Attachments: #1 Statement of material facts, #2 Proposed order, #3 Memorandum / Brief, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(aty,Ziffer, Lee) |
Filing 90 (FILED IN ERROR) MOTION for Summary Judgment on Product Identification, Exposure, and Causation by Ford Motor Co. (Attachments: #1 Statement of material facts, #2 Proposed order, #3 Memorandum / Brief, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(aty,Ziffer, Lee) Modified on 2/13/2015 to reflect "Filed in Error"; corrected and refiled as document #91 (Dauterive, C). |
Filing 89 MOTION for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liability Act by Ford Motor Co. (Attachments: #1 Statement of material facts, #2 Proposed order, #3 Memorandum / Brief, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S)(aty,Ziffer, Lee) |
Filing 88 MOTION for Summary Judgment Regarding "Reasonably Anticipated Use" by Honeywell International Inc. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(aty,McMillan, Sarah) |
Filing 87 MOTION for Summary Judgment by Honeywell International Inc. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit A, #4 Exhibit B)(aty,McMillan, Sarah) |
Filing 86 MOTION for Summary Judgment by C N H America L L C. (Attachments: #1 Statement of material facts, #2 Memorandum / Brief, #3 Exhibit Exhibit list, #4 Exhibit 1. Hayes Deposition, #5 Exhibit 2. Longo, William E., Ph.D. - Final Expert Report 6.27.14, #6 Exhibit 3. Arthur Frank Expert Report 1.8.15, #7 Exhibit 4. Finkelstein Report on Douglas Hayes, #8 Exhibit 5. 2014_07_16_Plaintiffs Responses to CNH Discovery, #9 Exhibit 6. STEPHEN BURDETTE_full_CERTIFIED TRANS 012215, #10 Exhibit 7. 2015_02_05 amended_disc_rsps, #11 Exhibit 8. 020615 Longo, Ph.D., William E.)(aty,O'Cain, Patrick) |
Motions Transferred regarding #92 MOTION Request for Oral Argument on Ford Motor Company's Motion for Summary Judgment on the Issue of 'Reasonably Anticipated Use' Under the Louisiana Products Liabilty Act and Ford Motor Company's Motion for Summary Judgment on Pro. Motions referred to James T Trimble, Jr. (crt,Dauterive, C) |
NOTICE of Corrective Action to Lee Blanton Ziffer on behalf of Ford Motor Co regarding #90 MOTION for Summary Judgment on Product Identification, Exposure, and Causation. Action taken: Modified docket entry to reflect "Filed in Error"; corrected and refiled as document #91 . (crt,Dauterive, C) |
Filing 85 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: STATUS CONFERENCE held on 2/12/2015. Participating by telephone: Philip Charles Hoffman for plaintiffs; Lee Blanton Ziffer for defendant Ford Motor Co.; Lance B Williams for defendant Toyota Motor Sales USA, Inc.; Eric Alan Shuman for defendant Honeywell International, Inc.; and Patrick J O'Cain for defendant CNH America LLC. The conference was arranged at the request of counsel for plaintiff seeking assistance in informal resolution of two discovery issues developing between the parties. The issues were discussed and suggestions were made to assist in informal resolution. No orders were made and, following this conference, any parties are free to seek formal resolution of any continuing disputes. (jud,Kay, Kathleen) |
Filing 84 ELECTRONIC ORDER, A Magistrate Judge Status Conference is set for 2/12/2015 at 2:30 PM by phone before Magistrate Judge Kathleen Kay. All counsel who wish to participate should use the call in information as provided by counsel for plaintiff. Signed by Magistrate Judge Kathleen Kay on 2/11/2015. (crt,Solari, E) |
Filing 83 ORDER granting #82 Motion to Appear Pro Hac Vice for appearance of Michael Alan Brown for Honeywell International Inc. Signed by Magistrate Judge Kathleen Kay on 2/10/2015. (crt,Dauterive, C) |
Filing 82 Ex Parte MOTION for Michael A. Brown to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2719262) by Honeywell International Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Affidavit of Michael A. Brown, #3 Certificates of Good Standing)(aty,McMillan, Sarah) |
Filing 81 ORDER granting #80 Motion to Appear Pro Hac Vice for appearance of Alicia Natasha Ritchie for Honeywell International Inc. Signed by Magistrate Judge Kathleen Kay on 2/5/2015. (crt,Dauterive, C) |
Filing 80 MOTION for Alicia N. Ritchie to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2716186) by Honeywell International Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Affidavit of Alicia N. Ritchie, #3 Certificate of good standing)(aty,McMillan, Sarah) |
Filing 79 ORDER granting #78 Motion to Appear Pro Hac Vice for appearance of Martin A Conn for C N H America L L C. Signed by Magistrate Judge Kathleen Kay on 1/30/2015. (crt,Dauterive, C) |
Filing 78 MOTION for Martin A. Conn to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2713474) by C N H America L L C. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Exhibit Certificate of Good Standing, #3 Exhibit Affidavit of Martin Conn)(aty,O'Cain, Patrick) |
Filing 77 ORDER granting #75 Motion to Appear Pro Hac Vice for appearance of Terrence M R Zic for Ford Motor Co. Signed by Magistrate Judge Kathleen Kay on 1/16/2015. (crt,Dauterive, C) |
Filing 76 EXHIBIT: Attorney information re #75 Ex Parte MOTION for Terrence Zic to Appear Pro Hac Vice (Admission fee: $105, receipt number 0536-2702287) by Ford Motor Co. (aty,Ziffer, Lee) Modified on 1/15/2015 to edit text (Dauterive, C). |
Filing 75 Ex Parte MOTION for Terrence Zic to Appear Pro Hac Vice (Admission fee: $105, receipt number 0536-2702287) by Ford Motor Co. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Exhibit Exhibit A (Affidavit), #3 Exhibit Exhibit B (Certificate of Good Standing))(aty,Ziffer, Lee) Modified on 1/15/2015 to indicate Attorney Terrence Zic's information is filed as #76 Exhibit (Dauterive, C). |
Filing 74 ORDER granting #73 Motion to Substitute Attorney. Added attorney Lance B Williams, Quincy T Crochet and Meghan Brianne Shumaker for Toyota Motor Sales U S A Inc. Attorney Eric Alan Shuman, Mark N Bodin and Sarah Elizabeth McMillan terminated. Signed by Magistrate Judge Kathleen Kay on 10/21/2014. (crt,Dauterive, C) |
Filing 73 MOTION to Substitute Attorney Lance B. Williams, Quincy T. Crochet, Meghan B. Shumaker in place of Mark N. Bodin, Eric Shuman and Sarah Elizabeth McMillan with consent by Toyota Motor Sales U S A Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(Attorney Lance B Williams added to party Toyota Motor Sales U S A Inc(pty:dft))(aty,Williams, Lance) |
Filing 72 ELECTRONIC ORDER. Based on the information contained in the #71 "Proposed Order," the #64 Motion to Quash is dismissed as moot. Signed by Magistrate Judge Kathleen Kay on 8/13/2014. (jud,Kay, Kathleen) |
Filing 71 PROPOSED ORDER/JUDGMENT re #64 Motion to Quash by C N H America L L C, Ford Motor Co, Honeywell International Inc, Toyota Motor Sales U S A Inc, Douglas L Hayes, Chris L Hayes, Chad L Hayes. (aty,Bodin, Mark) Modified on 8/11/2014 to edit filers and to indicate proposed order referred to Judge Kay. (Putch, A) |
Reset hearing as to #64 MOTION to Quash Deposition Notice of Plaintiffs' Expert Dr. William Longo. Motion day reset for 8/21/2014 @ 11:00 AM by phone before Magistrate Judge Kathleen Kay. Counsel for Toyota Motor Sales is to initiate the phone conference to include all counsel of record and chambers. (crt,Benoit, T) |
Filing 70 MEMORANDUM in Opposition re #64 MOTION to Quash Deposition Notice of Plaintiffs' Expert Dr. William Longo filed by Chad L Hayes, Chris L Hayes, Douglas L Hayes. (Attachments: #1 Exhibit 1)(aty,Hoffman, Philip) |
Filing 69 ORDER granting #65 Motion to Enroll as Counsel. Added as counsel Amber Brianne Barlow for Ford Motor Co. Signed by Magistrate Judge Kathleen Kay on 07/17/2014. (crt,Yocum, M) |
Filing 68 ELECTRONIC MINUTE ENTRY/ORDER Setting #64 MOTION to Quash Deposition Notice of Plaintiffs' Expert Dr. William Longo : Motion day set for 8/21/2014 11:00 AM in Lake Charles, Courtroom 3 before Magistrate Judge Kathleen Kay.Signed by Magistrate Judge Kathleen Kay on 7/14/2014. (crt,Solari, E) |
Filing 67 ELECTRONIC ORDER: Considering the MOTION to Quash Deposition Notice of Plaintiffs' Expert Dr. William Longo [#64], it is hereby ordered that the deposition is not to take place until this court issues a ruling which will be issued following the briefing schedule as set forth in the NOTICE of Motion Setting [#66]. By separate order the Motion [#64] will be set for a hearing.Signed by Magistrate Judge Kathleen Kay on 7/14/2014. (crt,Solari, E) |
Filing 66 NOTICE of Motion Setting regarding #64 MOTION to Quash Deposition Notice of Plaintiffs' Expert Dr. William Longo. Motions referred to Kathleen Kay. (crt,Dauterive, C) |
Filing 65 MOTION for Amber B. Barlow to Enroll as Counsel by Ford Motor Co. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Ziffer, Lee) |
Filing 64 MOTION to Quash Deposition Notice of Plaintiffs' Expert Dr. William Longo by C N H America L L C, Ford Motor Co, Honeywell International Inc, Toyota Motor Sales U S A Inc. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief, #2 Certificate re efforts to resolve-LR 37.1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(aty,Bodin, Mark) |
Filing 63 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 5/29/2014. Participating by telephone: Philip Charles Hoffman for plaintiffs; Lee Blanton Ziffer for Ford Motor Co.; Mark N. Bodin for Toyota Motor Sales USA, Inc.; Eric Alan Shuman for Honeywell Interntional, Inc.,; and Patrick J. O'Cain for CNH America LLC. Jury Trial is set for 6/15/2015 at 09:30 AM in Lake Charles, Courtroom 1 before Judge James T Trimble Jr. The parties are cautioned that no motion for continuance will be granted absent a showing of good cause. Neither the fact that the parties are not prepared for trial nor the fact that all parties agree to a continuance will be considered as constituting good cause. (jud,Kay, Kathleen) |
Filing 62 Joint RULE 26(f) Report by Chad L Hayes, Chris L Hayes, Douglas L Hayes, Toyota Motor Sales U S A Inc, Ford Motor Co, Honeywell International Inc and C N H America L L C. (aty,Hoffman, Philip) Modified on 5/23/2014 to add filers (Dauterive, C). |
Filing 61 ELECTRONIC MINUTE ENTRY: Scheduling Conference previously set for 5/15/2014 is reset for 5/29/2014 02:30 PM by phone before Magistrate Judge Kathleen Kay. Signed by Magistrate Judge Kathleen Kay on 4/25/2014. (crt,FinnSld, P) |
Filing 60 ANSWER to #1 Complaint, #5 Amended Complaint, #18 Second Amended Complaint and #42 Third Amended Complaint with Jury Demand by Ford Motor Co.(aty,Ziffer, Lee) Modified on 4/11/2014 to edit and remove duplicate text (Dauterive, C). |
Filing 59 ORDER granting #58 Joint/Voluntary Motion to Dismiss. IT IS HEREBY ORDERED that all claims of Plaintiffs Chad L. Hayes and Chris L. Hayes as against Defendant, Asbestos Corporation Limited, be and the same are hereby dismissed, without prejudice, reserving to Plaintiff all rights against against other parties, each party to bear its own costs. Signed by Judge James T Trimble, Jr on 04/08/14. (crt,Guillot, M) |
Filing 58 JOINT/VOLUNTARY MOTION to Dismiss by Asbestos Corp Ltd, Chad L Hayes and Chris L Hayes. (Attachments: #1 Proposed order)(aty,Baxter, Kay) Modified on 4/7/2014 to add filers (Dauterive, C). |
Filing 57 JUDGMENT, IT IS ORDERED, ADJUDGED AND DECREED that the #32 Motion to Dismiss for Failure to State a Claim is hereby GRANTED dismissing with prejudice plaintiffs' claims of negligence, gross negligence, intentional tort, breach of warranty, maritime strict products liability and punitive damages as to defendant Ford Motor Company, but reserving plaintiffs' right to pursue claims pursuant to the Louisiana Products Liability Act. Signed by Judge James T Trimble, Jr on 03/27/14. (crt,Guillot, M) |
Filing 56 MEMORANDUM RULING re #32 MOTION to Dismiss For Failure to State a Claim filed by Ford Motor Co. Signed by Judge James T Trimble, Jr on 03/27/14. (crt,Guillot, M) |
Filing 55 ORDER granting #54 Motion to Substitute Attorney. Attorney Raymond J Pajares and Elizabeth Smyth Rambin terminated. Signed by Magistrate Judge Kathleen Kay on 3/27/14. (crt,Whidden, C) |
Filing 54 Joint MOTION to Substitute Attorney Kay Barnes Baxter in place of Raymond J. Pajares & Elizabeth Smyth Rambin with consent by Asbestos Corp Ltd. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(Attorney Kay Barnes Baxter added to party Asbestos Corp Ltd(pty:dft))(aty,Baxter, Kay) |
Filing 53 SCHEDULING CONFERENCE ORDER set scheduling conference for 5/15/2014 02:30 PM in by phone before Magistrate Judge Kathleen Kay. (crt,FinnSld, P) |
Filing 52 ELECTRONIC ORDER granting #51 Motion for Scheduling Conference. The matter is referred to Magistrate Kay for a Trial Scheduling Conference.. Signed by Judge James T Trimble, Jr on 03/25/2014. (crt,Petrofes, T) |
Motions Transferred regarding #51 MOTION for Status Conference to Pick a Trial Date and Establish a Scheduling Order. Motions referred to James T Trimble, Jr. (crt,Dauterive, C) |
Filing 51 MOTION for Status Conference to Pick a Trial Date and Establish a Scheduling Order by Chad L Hayes, Chris L Hayes, Douglas L Hayes. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Hoffman, Philip) Modified on 3/25/2014 to edit text and correct motion event (Dauterive, C). |
Filing 50 REPLY to Response to Motion re #32 MOTION to Dismiss For Failure to State a Claim filed by Ford Motor Co. (crt,Dauterive, C) |
Filing 49 ELECTRONIC ORDER granting #47 Motion to adopt Rule 12(b)(6) motion in response to Plaintiff's Third Amended Complaint ; granting #48 Motion for Leave to File Reply in support of Ford Motor Company's Rule 12(b)(6) motion.. Signed by Judge James T Trimble, Jr on 11/13/2013. (crt,Petrofes, T) |
Motions Transferred regarding #48 MOTION for Leave to File Reply in Support of Ford Motor Company's Rule 12(b)(6) Motion to Dismiss with consent. Motions referred to James T Trimble, Jr. (crt,Dauterive, C) |
Motions Transferred regarding #47 MOTION to Adopt its Rule 12(b)(6) Motion in Response to Plaintiffs' Third Amended Complaint re #42 Amended Complaint. Motions referred to James T Trimble, Jr. (crt,Dauterive, C) |
Filing 48 MOTION for Leave to File Reply in Support of Ford Motor Company's Rule 12(b)(6) Motion to Dismiss with consent by Ford Motor Co. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Ziffer, Lee) |
Filing 47 MOTION to Adopt its Rule 12(b)(6) Motion in Response to Plaintiffs' Third Amended Complaint re #42 Amended Complaint by Ford Motor Co. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Ziffer, Lee) |
Filing 46 ANSWER to #42 Amended Complaint with Jury Demand by C N H America L L C.(aty,O'Cain, Patrick) |
Filing 45 ANSWER to #42 Amended Complaint with Jury Demand by Toyota Motor Sales U S A Inc.(aty,Bodin, Mark) |
Filing 44 ANSWER to #42 Amended Complaint with Jury Demand by Honeywell International Inc.(aty,McMillan, Sarah) |
Filing 43 MEMORANDUM in Opposition re #32 MOTION to Dismiss For Failure to State a Claim filed by Chad L Hayes, Chris L Hayes, Douglas L Hayes. (aty,Hoffman, Philip) |
Filing 42 THIRD AMENDED COMPLAINT against Asbestos Corp Ltd, C N H America L L C, Ford Motor Co, Honeywell International Inc and Toyota Motor Sales U S A Inc with Jury Demand filed by Douglas L Hayes, Chad L Hayes and Chris L Hayes.(crt,Dauterive, C) |
Filing 41 ORDER granting #39 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Kathleen Kay on 10/25/2013. (crt,Dauterive, C) |
Filing 40 JOINT PROTECTIVE ORDER regarding Douglas L Hayes' Pathology Materials granting #36 Motion for Protective Order. Signed by Magistrate Judge Kathleen Kay on 10/21/2013. (crt,Dauterive, C) |
Filing 39 MOTION to Amend/Correct #1 Complaint, #5 Amended Complaint with consent by Douglas L Hayes. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Hoffman, Philip) Modified on 10/23/2013 to edit text (Dauterive, C). |
Filing 38 NOTICE of Deficiency to Philip Charles Hoffman on behalf of Douglas L Hayes regarding #37 MOTION to Amend/Correct #1 Complaint, #5 Amended Complaint with consent sought but not yet obtained. Reason: does not indicate, within the pdf document, whether opposing counsel consent to the granting of this motion. (crt,Dauterive, C) |
Filing 37 DEFICIENT MOTION to Amend/Correct #1 Complaint, #5 Amended Complaint with consent sought but not yet obtained by Douglas L Hayes. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Hoffman, Philip) Modified on 10/21/2013 to reflect deficient status (Dauterive, C). Modified on 10/23/2013 to reflect corrected and refiled in its entirety as document #39 (Dauterive, C). |
Filing 36 Joint MOTION for Protective Order by Douglas L Hayes, Asbestos Corp Ltd, C N H America L L C, Case New Holland Inc, Ford Motor Co, Honeywell International Inc and Toyota Motor Sales U S A Inc. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,McMillan, Sarah) Modified on 10/18/2013 to edit text and add filer (Dauterive, C). |
Filing 35 ANSWER to #18 Amended Complaint by Asbestos Corp Ltd.(aty,Pajares, Raymond) |
Filing 34 NOTICE of Motion Setting without oral argument regarding #32 MOTION to Dismiss For Failure to State a Claim. Motions referred to James T Trimble, Jr. Motion day set for 11/27/2013 before Judge James T Trimble Jr. (crt,Dauterive, C) |
Filing 33 CORPORATE DISCLOSURE STATEMENT by Ford Motor Co. (aty,Ziffer, Lee) |
Filing 32 MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint For Damages, Amended Complaint for Damages and Second Amended Complaint for Damages filed by Ford Motor Co. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Ziffer, Lee) Modified on 10/9/2013 to create motion event (Dauterive, C). |
Filing 31 NOTICE of Deficiency to Lee Blanton Ziffer on behalf of Ford Motor Co regarding #30 MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint for Damages, Amended Complaint for Damages, and Second Amended Complaint for Damages. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. (crt,Dauterive, C) |
Filing 30 DEFICIENT MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint for Damages, Amended Complaint for Damages, and Second Amended Complaint for Damages by Ford Motor Co. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(Attorney Lee Blanton Ziffer added to party Ford Motor Co(pty:dft))(aty,Ziffer, Lee) Modified on 10/7/2013 to reflect deficient status (Dauterive, C). Modified on 10/9/2013 to reflect corrected and refiled in its entirety as document #32 (Dauterive, C). |
Filing 29 ORDER granting #28 Motion to Withdraw #8 MOTION for More Definite Statement. Signed by Magistrate Judge Kathleen Kay on 9/30/2013. (crt,Dauterive, C) |
Filing 28 MOTION to Withdraw #8 MOTION for More Definite Statement by C N H America L L C. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,O'Cain, Patrick) |
Filing 27 ELECTRONIC ORDER mooting #7 Motion for Extension of Time to Answer. An answer has now been filed by the moving defendant. Signed by Magistrate Judge Kathleen Kay on 9/19/2013. (jud,Kay, Kathleen) |
Filing 26 CORPORATE DISCLOSURE STATEMENT by Honeywell International Inc. (aty,Shuman, Eric) |
Filing 25 NOTICE of Corporate Disclosure Statement Requirement re: #24 Answer to Amended Complaint, sent to Sarah Elizabeth McMillan on behalf of Honeywell International Inc. Corporate Disclosure Statement due by 9/30/2013. (crt,Dauterive, C) |
Filing 24 ANSWER to #18 Amended Complaint with Jury Demand by Honeywell International Inc.(Attorney Sarah Elizabeth McMillan added to party Honeywell International Inc(pty:dft))(aty,McMillan, Sarah) |
Filing 23 ANSWER to #18 Amended Complaint with Jury Demand by C N H America L L C.(aty,O'Cain, Patrick) |
Filing 22 ANSWER to #1 Complaint, #5 Amended Complaint for Damages by Asbestos Corp Ltd.(aty,Pajares, Raymond) Modified on 9/11/2013 to edit text (Dauterive, C). |
Filing 21 CORPORATE DISCLOSURE STATEMENT by Toyota Motor Sales U S A Inc identifying Corporate Parent Toyota Motor Corp for Toyota Motor Sales U S A Inc. (aty,Bodin, Mark) Modified on 9/11/2013 to add Corporate Parent Toyota Motor North America Inc (Dauterive, C). |
Filing 20 ANSWER to #18 Amended Complaint with Jury Demand by Toyota Motor Sales U S A Inc.(Attorney Mark N Bodin added to party Toyota Motor Sales U S A Inc(pty:dft))(aty,Bodin, Mark) |
Filing 19 CORPORATE DISCLOSURE STATEMENT by Asbestos Corp Ltd. (aty,Pajares, Raymond) |
Filing 18 SECOND AMENDED COMPLAINT against Asbestos Corp Ltd, Case New Holland Inc, Ford Motor Co, Honeywell International Inc, Toyota Motor Sales U S A Inc with Jury Demand filed by Douglas L Hayes.(crt,Dauterive, C) |
Filing 17 ELECTRONIC ORDER granting #16 Motion to Amend/Correct Original Complaint and further granting #16 plaintiff's request to have plaintiff deposed as soon as the parties can agree on a date. Signed by Magistrate Judge Kathleen Kay on 9/5/2013. (jud,Kay, Kathleen) |
Filing 16 MOTION to Amend/Correct #1 Complaint, #5 Amended Complaint, MOTION to Expedite with consent by Douglas L Hayes. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Hoffman, Philip). Added MOTION to Expedite on 9/5/2013 as requested within the pleading (Dauterive, C). |
Filing 15 ORDER regarding #14 Motion to Continue Setting of Motion for a More Definite Statement; IT IS ORDERED that the motion be granted, and that the setting of the motion and the deadline for responses and/or replies, be continued for 30 days. Signed by Magistrate Judge Kathleen Kay on 9/3/2013. (crt,Putch, A) |
Filing 14 MOTION to Continue Setting on Motion for More Definite Statement with consent by C N H America L L C. (Attachments: #1 Proposed order)(aty,O'Cain, Patrick) |
Motions Transferred regarding #14 MOTION to Continue Setting on Motion for More Definite Statement with consent. Motions referred to Kathleen Kay. (crt,Dauterive, C) |
Filing 13 CORPORATE DISCLOSURE STATEMENT by C N H America L L C identifying Corporate Parent CNH Global N.V. for C N H America L L C. (aty,O'Cain, Patrick) |
Filing 12 NOTICE of Corporate Disclosure Statement Requirement re: #8 Motion for More Definite Statement sent to Patrick J O'Cain on behalf of C N H America L L C. Corporate Disclosure Statement due by 9/6/2013. (crt,Dauterive, C) |
Filing 11 NOTICE of Motion Setting regarding #8 MOTION for More Definite Statement. Motions referred to Kathleen Kay. (crt,Dauterive, C) |
Filing 10 NOTICE of Deficiency to Raymond J Pajares on behalf of Asbestos Corp Ltd regarding #7 MOTION for Extension of Time to File Answer with opposition. Reason: does not indicate, within the pdf document, whether opposing counsel consent to the granting of this motion. (crt,Dauterive, C) |
Filing 9 NOTICE of Corporate Disclosure Statement Requirement re: #7 Motion for Extension of Time to File Answer sent to Raymond J Pajares on behalf of Asbestos Corp Ltd. Corporate Disclosure Statement due by 9/6/2013. (crt,Dauterive, C) |
Filing 8 (WITHDRAWN) MOTION for More Definite Statement by C N H America L L C. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Memorandum / Brief)(Attorney Patrick J O'Cain added to party Case New Holland Inc(pty:dft))(aty,O'Cain, Patrick) Modified on 8/23/2013 to correct filer (Dauterive, C). Modified on 9/30/2013 to indicate motion is "Withdrawn"; see #29 Order (Dauterive, C). |
Filing 7 DEFICIENT ? MOTION for Extension of Time to File Answer by Asbestos Corp Ltd. Motions referred to Kathleen Kay. (Attorney Raymond J Pajares added to party Asbestos Corp Ltd(pty:dft))(aty,Pajares, Raymond) Modified on 8/23/2013 to edit text and reflect deficient status (Dauterive, C). |
Filing 6 SUMMONS ISSUED as to Asbestos Corp Ltd, Case New Holland Inc, Ford Motor Co, Honeywell International Inc, Toyota Motor Corp and Toyota Motor Sales U S A Inc (crt,Dauterive, C) |
Filing 5 AMENDED COMPLAINT against Asbestos Corp Ltd, Case New Holland Inc, Ford Motor Co, Toyota Motor Corp, Toyota Motor Sales U S A Inc and Honeywell International Inc with Jury Demand filed by Douglas L Hayes.(crt,Dauterive, C) |
Filing 4 ORDER granting #3 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Kathleen Kay on 8/20/2013. (crt,Dauterive, C) |
Filing 3 MOTION to Amend/Correct #1 Complaint, with consent sought but not yet obtained by all defendants by Douglas L Hayes. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Hoffman, Philip) |
Filing 2 SUMMONS ISSUED as to Asbestos Corp Ltd, Case New Holland Inc, Ford Motor Corp, Toyota Motor Corp and Toyota Motor Sales U S A Inc (crt,Dauterive, C) |
CASE Assigned to Judge James T Trimble, Jr and Magistrate Judge Kathleen Kay. (crt,Dauterive, C) |
Filing 1 COMPLAINT against Asbestos Corp Ltd, Case New Holland Inc, Ford Motor Corp, Toyota Motor Corp and Toyota Motor Sales U S A Inc with Jury Demand (Filing fee $400, receipt number 0536-2303549) filed by Douglas L Hayes. (Attachments: #1 Civil cover sheet)(Attorney Philip Charles Hoffman added to party Douglas L Hayes(pty:pla))(aty,Hoffman, Philip) Modified on 8/5/2013 to edit text (Dauterive, C). |
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