Osterhout et al v. Air & Liquid Systems Corporation et al

Justia Dockets & Filings Second Circuit New York Northern District Osterhout et al v. Air & Liquid Systems Corporation et al

Osterhout et al v. Air & Liquid Systems Corporation et al

Plaintiff:	Robert Osterhout and Pearl Osterhout
Defendant:	CBS Corporation, Air & Liquid Systems Corporation, Armstrong International, Inc., Aurora Pump Company, Cameron International, Carrier Corporation, Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, Westinghouse Electric Corporation, Crane Co., Crane Pumps & Systems, Inc., Echo, Incorporated, FMC Corp., G.H. Miner Co., Inc., Goulds Pumps, Inc., Husqvarna U.S. Holding, Inc., Ingersoll-Rand Company, John Crane, Inc., Ruggles-Klingeman Manufacturing Co., Inc., Sears, Roebuck & Co., Spirax Sarco, Inc., Stihl Incorporated, Syracuse Supply Co., Tate Andale, Inc., The Nash Engineering Company, Todd Shipyards Corp., Trane US, Inc., Troy Belting and Supply Co., Union Carbide Corp., Velan Valve Corp., Weir Valves & Controls USA, Inc. and Atwood & Morrill Co., Inc.
Cross Defendant:	Foster Wheeler LLC, General Electric Company, Imo Industries Inc., Clark-Reliance Corp., Copes-Vulcan, Inc., Fisher Controls International and Johnson Controls, Inc.
Cross Claimant:	Homelite Consumer Products, Inc. and Warren Pumps LLC
Case Number:	5:2014cv00208
Filed:	February 27, 2014
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Onondaga
Presiding Judge:	Mae A D'Agostino
Referring Judge:	David E Peebles
Nature of Suit:	P.I. : Asbestos
Cause of Action:	28 U.S.C. § 1442 Notice of Removal
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on January 6, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 6, 2017	Filing 426 STIPULATION AND ORDER OF DISMISSAL as to Crane Co. Only re #425 Stipulation of Dismissal. Signed by U.S. District Judge Mae A. D'Agostino on 1/6/2017. (ban)
January 6, 2017	Filing 425 STIPULATION of Dismissal as to Defendant Crane Co. Only submitted to Judge Honorable Mae A. D'Agostino. (Pehush, Tara)
November 28, 2016	Filing 424 ORDER OF DISMISSAL by Reason of Settlement. Signed by U.S. District Judge Mae A. D'Agostino on 11/28/2016. (ban)
November 4, 2016	TEXT Minute Entry for Telephone Conference held on 11/4/2016 before U.S. District Judge Mae A. D'Agostino: Appearances by Jerome Block, Esq. and Pamela Nichols, Esq. for Plaintiff; Dennis Vega, Esq. and Erik Nadolink, Esq. for defendant Foster Wheeler; and Tara Pehush, Esq. for defendant Crane Co.; The parties have reached a confidential settlement. The settlement is approved by Judge D'Agostino. The Release will be provided to Plaintiff and a Stipulation of Discontinuance will be filed with the Court. (Court Reporter Theresa Casal, CRD Britney Norton [Time 11:00 a.m. - 11:15 a.m.]) (ban)
November 3, 2016	Filing 423 TEXT ORDER: In light of Crane Co.'s dismissal from this action, the Court hereby ORDERS that counsel DEPOSE AND VIDEO TAPE the testimony of any witness that may be unavailable for trial. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2016. (ban)
November 3, 2016	Filing 422 TEXT ORDER granting #420 Letter Request to withdraw #381 Motion in Limine; withdraw #386 Motion in Limine; withdraw #388 Motion in Limine. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2016. (ban)
November 3, 2016	Filing 421 TEXT ORDER granting #420 Letter Request: Defendant Crane Co. has advised the Court that they have resolved this matter with the Plaintiff. It is hereby ORDERED that Counsel are to file a Stipulation of Discontinuance as to Crane Co.. It is further ORDERED that Defendant Crane Co.'s request to withdraw pending motions in limine [Dkt. Nos. 381, 386, and 388] is GRANTED. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2016. (ban)
November 3, 2016	Filing 420 Letter Motion from Tara L. Pehush requesting Withdrawal of Motions In Limine submitted to Judge Honorable Mae A. D'Agostino on November 3, 2016. (Pehush, Tara)
November 2, 2016	Filing 419 TEXT ORDER granting in part and denying in part #408 Letter Request regarding Designations; granting in part and denying in part #409 Letter Request regarding Designations: Counsel have moved to strike certain portions of designations for trial. Attached are the designations and the Court's Ruling. Signed by U.S. District Judge Mae A. D'Agostino on 11/2/2016. (Attachments: #1 Designation Rulings) (ban)
November 2, 2016	TEXT Minute Entry for Final Pretrial Conference held on 11/2/2016 before U.S. District Judge Mae A. D'Agostino: Appearances by Jerome Block, Esq., Keith Binder, Esq., and Pamela Nichols, Esq. for the Plaintiff; Dennis Vega, Esq., Erik Nadolink, Esq., and Stephanie Foote, Esq. for defendant Foster Wheeler; and Tara Pehush, Esq. and Geoff Davis, Esq. (pending pro hac admission) for defendant Crane, Co.; Judge D'Agostino discusses jury selection and trial procedures with counsel; Counsel are to confer and stipulate to evidence to be used at trial by 5pm on Friday, November 4, 2016; A decision on the designations and Motions in limine will be issued.(Court Reporter Theresa Casal, CRD Britney Norton [Time 10:00 a.m. - 10:30 a.m.]) (ban)
November 2, 2016	CLERK'S CORRECTION OF DOCKET ENTRY re #418 Affidavit in Opposition to Motion: Clerk replaced Attachment 6 and Attachment 7 in this docket entry with redacted versions, since the original documents contained personal identifiers. (hmr)
November 2, 2016	CLERK'S CORRECTION OF DOCKET ENTRY re #412 Response in Opposition to Motion: Clerk replaced Attachment 2 and Attachment 3 in this docket entry with redacted versions, since the original documents contained personal identifiers. (hmr)
November 1, 2016	Filing 418 AFFIDAVIT in Opposition re #375 MOTION in Limine filed by Pearl Osterhout. (Attachments: #1 Exhibit(s) 1A, #2 Exhibit(s) 1B, #3 Exhibit(s) 1C, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7A, #10 Exhibit(s) 7B, #11 Exhibit(s) 8)(Binder, Keith) (Attachment 6 replaced on 11/2/2016) (hmr, ). (Attachment 7 replaced on 11/2/2016) (hmr, ).
November 1, 2016	Filing 417 RESPONSE in Opposition re #375 MOTION in Limine filed by Pearl Osterhout. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Plaintiff's Opposition to Foster Wheeler LLC's Motions in Limine, #2 Certification of Service of Plaintiff's Opposition)(Binder, Keith)
October 31, 2016	Filing 416 RESPONSE in Opposition re #381 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Products Not at Issue filed by Pearl Osterhout. (Attachments: #1 Declaration Declaration of Keith W. Binder in Support of Plaintiff's Opposition to Crane Co.'s Motion in Limine to Preclude Argument or Evidence Regarding Products Not at Issue, #2 Exhibit(s) Exhibit 1, #3 Exhibit(s) Exhibit 2, #4 Memorandum of Law Memorandum of Law in Support of Plaintiff's Opposition to Crane Co.'s Motion in Limine to Preclude Argument or Evidence Regarding Products Not at Issue, #5 Certification of Service of Plaintiff's Opposition)(Binder, Keith)
October 31, 2016	Filing 415 RESPONSE in Opposition re #388 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude State of the Art Evidence Not at Issue filed by Pearl Osterhout. (Attachments: #1 Declaration Declaration of Keith W. Binder in Support of Plaintiff's Opposition to Crane Co.'s Motion in Limine to Preclude Evidence of Crane Co.'s Conduct or Knowledge Post-Dating 1950, #2 Memorandum of Law Memorandum of Law in Support of Plaintiff's Opposition to Crane Co.'s Motion in Limine to Preclude Evidence of Crane Co.'s Conduct or Knowledge Post-Dating 1950, #3 Certification of Service of Plaintiff's Opposition)(Binder, Keith)
October 31, 2016	Filing 414 RESPONSE to Motion re #386 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Government Statements or Regulations Regarding Asbestos Hazards filed by Pearl Osterhout. (Attachments: #1 Declaration Declaration of Keith W. Binder in Support of Plaintiff's Opposition to Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Government Statements or Regulations Regarding Asbestos Hazards, #2 Exhibit(s) Exhibit 1 to the Declaration of Keith W. Binder, #3 Exhibit(s) Exhibit 2 to the Declaration of Keith W. Binder, #4 Exhibit(s) Exhibit 3 to the Declaration of Keith W. Binder, #5 Exhibit(s) Exhibit 4 to the Declaration of Keith W. Binder, #6 Memorandum of Law Memorandum of Law in Support of Plaintiff's Opposition to Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Government Statements or Regulations Regarding Asbestos Hazards, #7 Certification of Service of Plaintiff's Opposition)(Binder, Keith)
October 31, 2016	Filing 413 Court Ordered Voir Dire. (Pehush, Tara)
October 31, 2016	Filing 412 RESPONSE in Opposition re #403 MOTION in Limine to Preclude Irrelevant and Improper Character Evidence . (Attachments: #1 Affidavit Affidavit in Support of Defendant Crane Co.'s Opposition to Plaintiff's Motion in Limine to Preclude Irrelevant and Improper Character Evidence, #2 Exhibit(s) A, #3 Exhibit(s) B-1, #4 Exhibit(s) B-2, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Memorandum of Law Memorandum of Law in Support of Defendant Crane Co.'s Opposition to Plaintiff's Motion In Limine to Preclude Irrelevant and Improper Character Evidence, #8 Certificate of Service)(Pehush, Tara) (Attachment 2 replaced on 11/2/2016) (hmr, ). (Attachment 3 replaced on 11/2/2016) (hmr, ).
October 31, 2016	Filing 411 RESPONSE in Opposition re #403 MOTION in Limine to Preclude Irrelevant and Improper Character Evidence filed by Foster Wheeler LLC. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Exhibit A - Deposition transcripts Vol 1-3, #3 Exhibit(s) Exhibit B - Video deposition transcript, #4 Exhibit(s) Exhibit C - Pltf proposed Jury Instructions, #5 Certificate of Service)(Vega, Dennis)
October 31, 2016	Filing 410 TEXT ORDER. The Court has conducted a preliminary review of the pretrial submissions. There is a final pretrial conference scheduled in this matter on November 2, 2016, at 10:00 am. The parties are directed to the Court's Jury Trial Notice (Dkt. No. 370), which was filed on April 6, 2016. That notice requires that the joint pretrial stipulation include "[a] list of all exhibits which can be stipulated into evidence or which will be offered without objection as to foundation." The current pretrial stipulation indicates that the parties are in the process of conferring on the evidence. The Court must be advised of any and all stipulated evidence by 5:00 pm on November 4, 2016. In many of the deposition transcripts submitted for rulings by the Court it is noted that miscellaneous publications and documents were used to question witnesses. The mere fact that an article or publication may have been used at a deposition does not mean that the document will automatically be received in evidence in the present matter. All rules of evidence governing the admissibility of evidence will apply. The Court notes that the underlying issues in this case are not overly complicated. Therefore, counsel are again advised to meet and confer to discuss the stipulation into evidence of any documents to be used by all sides and also the evidence for which there is no valid objection. The Court does not intend to have protracted arguments on evidentiary issues before the jury, nor does it intend to have endless sidebars during the trial. Of course, this does not preclude any counsel from interposing objections and protecting the record. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 10/31/2016. (ban)
October 27, 2016	Filing 409 Crane Co.'s Objections and Counter-Designations to Plaintiff's Designations of the Deposition Testimony of Anthony Pantaleoni submitted to Judge D'Agostino. (ban)
October 27, 2016	Filing 408 Deposition Designation Disputes Submitted for the Court's Ruling submitted to Judge D'Agostino. (ban)
October 27, 2016	Filing 407 MEMORANDUM-DECISION AND ORDER denying #368 Motion to Amend/Correct; denying #369 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 10/27/2016. (ban)
October 25, 2016	Filing 406 TEXT ORDER granting #404 Motion for Limited Admission Pro Hac Vice of Stephanie L. Foote, Esq.. for Foster Wheeler, LLC. Authorized by Magistrate Judge David E. Peebles on 10/25/16. (sal )
October 25, 2016	Filing 405 AFFIDAVIT in Support re #404 MOTION for Limited Admission Pro Hac Vice of Stephanie L. Foote Filing fee $100, receipt number 0206-3830108. filed by Foster Wheeler LLC. (Attachments: #1 S. Foote - Petition for Pro Hac Vice Admission, #2 S. Foote - Certificate of Good Standing, #3 S. Foote - Oath on Admission, #4 S. Foote - E-Filing Registration, #5 Proposed Order/Judgment, #6 Cert of Service)(Vega, Dennis)
October 25, 2016	Filing 404 MOTION for Limited Admission Pro Hac Vice of Stephanie L. Foote Filing fee $100, receipt number 0206-3830108. filed by Foster Wheeler LLC. Motions referred to David E. Peebles. (Vega, Dennis)
October 24, 2016	Filing 403 MOTION in Limine to Preclude Irrelevant and Improper Character Evidence filed by Pearl Osterhout. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Plaintiff's Motion in Limine to Preclude Irrelevant and Improper Character Evidence, #2 Declaration Declaration of Keith W. Binder, Esq., #3 Exhibit(s) Exhibit 1 to Declaration, #4 Exhibit(s) Exhibit 2 to Declaration, #5 Exhibit(s) Exhibit 3 to Declaration, #6 Certification of Service of Plaintiff's Motion in Limine) (Binder, Keith)
October 24, 2016	Filing 402 TRIAL BRIEF by Pearl Osterhout. (Attachments: #1 Trial Brief on Behalf of Plaintiff Certification of Service)(Binder, Keith)
October 24, 2016	Filing 401 PRETRIAL STIPULATION by Pearl Osterhout. (Attachments: #1 Certification of Service of Joint Pretrial Stipulations)(Binder, Keith)
October 24, 2016	Filing 400 Exhibit List by Pearl Osterhout. (Attachments: #1 Certification of Service of Plaintiff's Exhibit List)(Binder, Keith)
October 24, 2016	Filing 399 Witness List by Foster Wheeler LLC. (Attachments: #1 Cert of Service)(Vega, Dennis)
October 24, 2016	Filing 398 TRIAL BRIEF by Foster Wheeler LLC. (Attachments: #1 Cert of Service)(Vega, Dennis)
October 24, 2016	Filing 397 Proposed Voir Dire by Foster Wheeler LLC. (Attachments: #1 Cert of Service)(Vega, Dennis)
October 24, 2016	Filing 396 PROPOSED VERDICT FORM by Foster Wheeler LLC. (Attachments: #1 Cert of Service)(Vega, Dennis)
October 24, 2016	Filing 395 Proposed Jury Instructions by Foster Wheeler LLC. (Attachments: #1 Cert of Service for Voir Dire etc)(Vega, Dennis)
October 24, 2016	Filing 394 Proposed Jury Instructions by Pearl Osterhout. (Attachments: #1 Certification of Service of Plaintiff's Requested Jury Instructions)(Binder, Keith)
October 24, 2016	Filing 393 Proposed Voir Dire by Pearl Osterhout. (Attachments: #1 Certification of Service of Plaintiff's Proposed Voir Dire)(Binder, Keith)
October 24, 2016	Filing 392 Witness List by Pearl Osterhout. (Attachments: #1 Certification of Service of Plaintiff's Witness List)(Binder, Keith)
October 24, 2016	Filing 391 Court Ordered Voir Dire by Pearl Osterhout. (Attachments: #1 Certification of Service of Plaintiff's Court Ordered Voir Dire)(Binder, Keith)
October 24, 2016	Filing 390 PROPOSED VERDICT FORM by Pearl Osterhout. (Attachments: #1 Certification of Service of Plaintiff's Proposed Verdict Sheet)(Binder, Keith)
October 24, 2016	Filing 389 Exhibit List by Foster Wheeler LLC. (Attachments: #1 Cert of Service of Trial Exhibit List)(Vega, Dennis)
October 24, 2016	Filing 388 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude State of the Art Evidence Not at Issue. (Attachments: #1 Affirmation, #2 Memorandum of Law, #3 Certificate of Service) (Pehush, Tara)
October 24, 2016	Filing 387 MEMORANDUM OF LAW re #386 Motion in Limine - Memorandum of Law in Support of Motion in Limine by Defendant Crane Co. to Preclude Argument or Evidence of Government Statements or Regulations Regarding Asbestos Hazards. (Pehush, Tara)
October 24, 2016	Filing 386 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Government Statements or Regulations Regarding Asbestos Hazards. (Attachments: #1 Certificate of Service) (Pehush, Tara)
October 24, 2016	Filing 385 Witness List. (Attachments: #1 Certificate of Service)(Pehush, Tara)
October 24, 2016	Filing 384 Exhibit List of Defendant Crane Co.. (Attachments: #1 Exhibit(s) Crane Co.'s Exhibit List, #2 Certificate of Service)(Pehush, Tara)
October 24, 2016	Filing 383 AFFIDAVIT in Support re #381 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Products Not at Issue - Affirmation in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Pehush, Tara)
October 24, 2016	Filing 382 MEMORANDUM OF LAW re #381 Motion in Limine Memorandum of Law in Support of Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Products Not at Issue. (Pehush, Tara)
October 24, 2016	Filing 381 MOTION in Limine - Notice of Defendant Crane Co.'s Motion in Limine to Preclude Argument or Evidence of Products Not at Issue. (Pehush, Tara)
October 24, 2016	Filing 380 AFFIDAVIT in Support re #375 MOTION in Limine filed by Foster Wheeler LLC. (Attachments: #1 Ex A Schroppe Aff, #2 Ex B Moore Dep_Part1, #3 Ex B Moore Dep_Part2, #4 Ex B Moore Dep_Part3, #5 Ex C Military Records_Part1, #6 Ex C Military Records_Part2, #7 Ex D Dep Vol 1, #8 Ex D Dep Vol 2, #9 Ex D Dep Vol. 3_Part1, #10 Ex D Dep Vol. 3_Part2, #11 Ex D Dep Vol. 3_Part3, #12 Ex E Moore Report, #13 Cert of Service)(Vega, Dennis)
October 24, 2016	Filing 379 PROPOSED VERDICT FORM - Defendants' Proposed Special Verdict Form. (Attachments: #1 Certificate of Service)(Pehush, Tara)
October 24, 2016	Filing 378 Proposed Jury Instructions. (Attachments: #1 Certificate of Service)(Pehush, Tara)
October 24, 2016	Filing 377 Proposed Voir Dire. (Attachments: #1 Certificate of Service)(Pehush, Tara)
October 24, 2016	Filing 376 MEMORANDUM OF LAW re #375 Motion in Limine filed by Foster Wheeler LLC. (Vega, Dennis)
October 24, 2016	Filing 375 MOTION in Limine filed by Foster Wheeler LLC. (Attachments: #1 Proposed Order/Judgment) (Vega, Dennis)
June 28, 2016	Filing 374 Notice of Supplemental Authority/Letter Motion from Pamela A. Nichols for Pearl Osterhout requesting Consideration in further opposition submitted to Judge D'Agostino . (Attachments: #1 Court of Appeals Decision)(Nichols, Pamela) Modified on 7/6/2016 (ban).
June 9, 2016	Filing 373 STIPULATION AND ORDER OF DISMISSAL As to Defendant General Electric Company ONLY granting #372 Stipulation of Dismissal filed by General Electric Company. Signed by U.S. District Judge Mae A. D'Agostino on 6/9/2016. (ban)
June 8, 2016	Filing 372 STIPULATION of Dismissal AS TO GENERAL ELECTRIC COMPANY ONLY by General Electric Company. (Vega, Dennis)
May 2, 2016	Filing 371 RESPONSE in Opposition re #368 MOTION to Amend/Correct #361 Order on Motion for Summary Judgment,,,,,,,, Order on Motion in Limine,,,,,,,, Order on Letter Request,,, Notice of Defendant Crane Co.'s Motion to Amend Memorandum-Decision and Order Denying Summary Judgment, #369 MOTION for Reconsideration re #361 Order on Motion for Summary Judgment,,,,,,,, Order on Motion in Limine,,,,,,,, Order on Letter Request,,, Notice of Defendant Crane Co.'s Motion for Reconsideration of Order Denying Summary Judgment Consolidated Memorandum of Law in Opposition to Defendant Crane Co.'s Motion to Amend and Crane Co.'s Motion For Reconsideration filed by Pearl Osterhout. (Binder, Keith)
April 6, 2016	Filing 370 JURY TRIAL NOTICE: The Jury Trial is set to begin on 11/7/2016 at 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino; The Telephone Final Pretrial Conference is set for November 2, 2016 at 10:00 a.m. - Counsel are directed to dial in for this conference call. Dial in instructions will be provided; Pretrial Submissions/Motion(s) in Limine are due on or before 10/24/2016; Response(s), if any, to Motion(s) in Limine are due 10/31/16. (ban)
April 6, 2016	TEXT Minute Entry for Telephone Conference held on 4/6/2016 before U.S. District Judge Mae A. D'Agostino: Appearances by Jerome Block, Esq., Keith Binder, Esq., and Pamela Nichols, Esq. for Plaintiff; Dennis Vega, Esq. and John Fitzpatrick, Esq. for Defendant Foster Wheeler; and Eric Cottle, Esq. for Defendant Crane Co. Judge D'Agostino sets a firm trial date for November 7, 2016. The trial is expected to last 2 weeks. Counsel are directed to contact the parties and witnesses about the trial date. If any witnesses are unavailable they should be video taped prior to the start of trial on 11/7/16. Trial procedures are discussed with counsel; A trial order will be issued. (Court Reporter Theresa Casal, CRD Britney Norton [Time 10:00 a.m. - 10:10 a.m.]) (ban)
April 4, 2016	Filing 369 MOTION for Reconsideration re #361 Order on Motion for Summary Judgment,,,,,,,, Order on Motion in Limine,,,,,,,, Order on Letter Request,,, Notice of Defendant Crane Co.'s Motion for Reconsideration of Order Denying Summary Judgment Motion Hearing set for 5/17/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/2/2016. (Attachments: #1 Affidavit Affidavit of Counsel In Support of Defendant Crane Co.'s Motion for Reconsideration of Order Denying Summary Judgment, #2 Memorandum of Law Memorandum of Law in Support of Defendant Crane Co.'s Motion for Reconsideration of Order Denying Summary Judgment) (Cottle, Eric)
April 4, 2016	Filing 368 MOTION to Amend/Correct #361 Order on Motion for Summary Judgment,,,,,,,, Order on Motion in Limine,,,,,,,, Order on Letter Request,,, Notice of Defendant Crane Co.'s Motion to Amend Memorandum-Decision and Order Denying Summary Judgment Motion Hearing set for 5/17/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/2/2016. (Attachments: #1 Affidavit of Counsel in Support of Defendant Crane Co.'s Motion to Amend Memorandum-Decision and Order Denying Summary Judgment, #2 Memorandum of Law in Support Defendant Crane Co.'s Motion to Amend Memorandum-Decision and Order Denying Summary Judgment, #3 Exhibit(s) Exhibit A) Motions referred to David E. Peebles. (Cottle, Eric)
March 30, 2016	Filing 367 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL AS TO IMO INDUSTRIES INC. granting #364 Stipulation of Dismissal filed by Imo Industries Inc. Signed by U.S. District Judge Mae A. D'Agostino on 3/30/2016. (ban)
March 30, 2016	Filing 366 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL AS TO WARREN PUMPS LLC granting #363 Stipulation of Dismissal filed by Warren Pumps LLC. Signed by U.S. District Judge Mae A. D'Agostino on 3/30/2016. (ban)
March 30, 2016	Filing 365 STIPULATION AND ORDER OF DISCONTINUANCE as to FMC Corporation granting #362 Stipulation of filed by FMC Corp. Signed by U.S. District Judge Mae A. D'Agostino on 3/30/16. (ban)
March 29, 2016	Filing 364 STIPULATION of Dismissal With Prejudice by Imo Industries Inc. submitted to Judge Mae A. D'Agostino. (Giblin, Annmarie)
March 29, 2016	Filing 363 STIPULATION of Dismissal With Prejudice by Warren Pumps LLC submitted to Judge Mae A. D'Agostino. (Giblin, Annmarie)
March 29, 2016	Filing 362 STIPULATION AND ORDER OF DISCONTINUANCE by FMC Corp.(on behalf of its former Peerlees Pump and Northern Pump business) submitted to Judge Mae A. D'Agostino. (Hannan, Christopher)
March 21, 2016	Filing 361 MEMORANDUM-DECISION AND ORDER denying #305 Motion for Summary Judgment; denying #308 Motion in Limine; denying #309 Motion for Summary Judgment; denying #311 Motion in Limine; denying as moot #346 Letter Request: The Court hereby ORDERS Defendants' motions for summary judgment (Dkt. Nos. 305 and 309) are DENIED; and the Court further ORDERS that Defendants' motions in limine seeking to preclude the testimony of Dr. Steven Markowitz (Dkt. Nos. 308 and 311) are DENIED; and the Court further ORDERS that Plaintiff's letter motion requesting oral argument (Dkt. No. 346) is DENIED as moot; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 14cv208. (ban) (ban, ).
March 21, 2016	Copies of #361 Memorandum-Decision and Order, were mailed to all non-ecf parties. (ban)
January 14, 2016	Filing 360 RESPONSE TO LETTER BRIEF: as to #358 Letter Motion, filed by Robert Osterhout. (Cottle, Eric) Modified on 1/14/2016 to reflect this document is in response to document 358, not 359 per counsel. (jmb)
January 14, 2016	CLERK'S CORRECTION OF DOCKET ENTRY: the Clerk received a call from the K & L Gates Law Firm advising that the #360 Response to Letter Brief was related to document #358 , not #359 . The docket entry has been corrected/updated. (jmb)
January 13, 2016	Filing 359 Letter Motion from Dennis E. Vega for Foster Wheeler LLC requesting Objects to plaintiff's Fifth Attempt to file supplemental papers submitted to Judge Mae A. D'Agostino . (Attachments: #1 Exhibit(s) Opinion re: Samuel R. Feaster v. A.W. Chesterton Company)(Vega, Dennis)
January 12, 2016	Filing 358 Letter Motion from Pamela A. Nichols for Robert Osterhout requesting Consideration in further oppostion to Defenadnts' current pending motions for summary judgment submitted to Judge D'Agostino . (Nichols, Pamela)
October 30, 2015	Filing 357 TEXT ORDER re #354 Letter Request and #356 Letter Request: The Court is in receipt of Plaintiffs' letter motion seeking permission to file supplemental declarations in further opposition to Defendants' motions currently pending before the Court and Defendants' oppositions thereto. Plaintiffs' request stems from two recent decisions out of the Southern District of New York and the District of Rhode Island which deal with issues substantially similar to those in the pending motions before this Court. Since the Court is aware of and has access to these recent decisions, no additional supplements to Plaintiffs' opposition are required. Accordingly, Plaintiffs' motion to file supplemental declarations in further opposition to Defendants' motions is DENIED. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 10/30/2015. (ban)
October 23, 2015	Filing 356 Letter Motion from Dennis E. Vega for Foster Wheeler LLC requesting Objecting to Plaintiffs request to file Supplemental Declarations submitted to Judge D'Agostino . (Vega, Dennis)
October 23, 2015	Filing 355 RESPONSE TO LETTER BRIEF as to #354 Letter Request/Motion filed by Pearl Osterhout . (Cottle, Eric)
October 22, 2015	Filing 354 Letter Motion from Pamela Nichols for Pearl Osterhout requesting Leave to file brief supplemental declarations in further opposition to current pending motions submitted to Judge D'Agostino . (Nichols, Pamela)
June 29, 2015	Filing 353 RESPONSE in Support re #309 MOTION for Summary Judgment filed by Foster Wheeler LLC. (Attachments: #1 Exhibit(s) Exhibit-A, #2 Exhibit(s) Exhibit-B)(Vega, Dennis)
June 18, 2015	Filing 352 TEXT ORDER denying #351 Letter Request for leave to file a reply to #349 Plaintiff's Supplemental Declaration. Signed by U.S. District Judge Mae A. D'Agostino on 6/18/15. (ban)
June 18, 2015	Filing 351 Letter Motion from Eric R.I. Cottle requesting permission to file a Reply to Plaintiff's Supplemental Declaration associated with Crane Co.'s Motion for Summary Judgment submitted to Judge Mae A. D'Agostino . (Cottle, Eric)
June 17, 2015	Filing 350 TEXT ORDER: The Court is in receipt of the parties' various submissions in further support or in opposition to the motions that are currently pending before the Court. The pending motions have been fully briefed since May 22, 2015. No additional submissions in support or opposition to the pending motion will be accepted for filing witout leave of the Court. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 6/17/2015. (ban)
June 15, 2015	Filing 349 AFFIDAVIT in Opposition re #305 MOTION for Summary Judgment Supplemental Declaration of Jerome H. Block in Further Support of Plaintiff's Opposition to Crane Co.'s Motion for Summary Judgment filed by Pearl Osterhout. (Attachments: #1 Exhibit(s) Pienta Decision)(Block, Jerome)
June 9, 2015	Filing 348 AFFIDAVIT in Support re #309 MOTION for Summary Judgment filed by Foster Wheeler LLC. (Attachments: #1 Exhibit(s) Exhibit-A)(Vega, Dennis)
June 5, 2015	Filing 347 NOTICE re #346 Letter Motion from Pamela A. Nichols, Esq. for Pearl Osterhout, Robert Osterhout requesting Oral Argument submitted to Judge D'Agostino (Kozin, Nicole)
June 4, 2015	Filing 346 Letter Motion from Pamela A. Nichols, Esq. for Pearl Osterhout, Robert Osterhout requesting Oral Argument submitted to Judge D'Agostino . (Nichols, Pamela)
June 2, 2015	Filing 345 AFFIDAVIT in Support re #305 MOTION for Summary Judgment . (Attachments: #1 Exhibit A)(Cottle, Eric)
May 29, 2015	Filing 344 TEXT ORDER granting #343 Letter Request by Crane Co. to file a reply to #335 Plaintiff's Supplemental Declaration. Crane Co. may file a reply not to exceed 5 pages. Signed by U.S. District Judge Mae A. D'Agostino on 5/29/15. (ban)
May 28, 2015	Filing 343 Letter Motion from Eric R.I. Cottle for Crane Co. requesting Permission to File a Reply to Plaintiff's Supplemental Declaration Associated with Crane Co.'s Motion for Summary Judgment submitted to Judge Mae A. D'Agostino . (Cottle, Eric)
May 22, 2015	Filing 342 REPLY in Support re #309 MOTION for Summary Judgment filed by Foster Wheeler LLC. (Attachments: #1 Statement of Material Facts Statement of Facts Reply, #2 Cert. of Attorney, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Objection to Plaintiff Exhibits, #6 Cert. of Service)(Vega, Dennis) Modified on 5/27/2015 (mgh).
May 22, 2015	Filing 341 RESPONSE in Support re #311 MOTION in Limine filed by Foster Wheeler LLC. (Attachments: #1 Certification of Attorney, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Certification of Service)(Vega, Dennis)
May 22, 2015	Filing 340 NOTICE re #324 Response in Opposition to Motion,, Letter Re Juni Decision (Attachments: #1 Certificate of Service)(Cottle, Eric)
May 22, 2015	Filing 339 REPLY to Response to Motion re #305 MOTION for Summary Judgment . (Attachments: #1 Exhibit(s), #2 Crane Co.'s Response to Plaintiffs Statement of Additional Material Facts, #3 Certificate of Service)(Cottle, Eric)
May 22, 2015	Filing 338 CERTIFICATE OF SERVICE by Pearl Osterhout (Block, Jerome)
May 22, 2015	Filing 337 AFFIDAVIT in Opposition re #309 MOTION for Summary Judgment Supplemental Declaration of Jerome H. Block in Further Support of Plaintiff's Opposition to Foster Wheeler's Motion For Summary Judgment filed by Pearl Osterhout. (Attachments: #1 Exhibit(s))(Block, Jerome)
May 22, 2015	Filing 336 CERTIFICATE OF SERVICE by Pearl Osterhout re #335 Affidavit in Opposition to Motion, (Block, Jerome)
May 22, 2015	Filing 335 AFFIDAVIT in Opposition re #305 MOTION for Summary Judgment Supplemental Declaration of Jerome H. Block in Further Support of Plaintiff's Opposition to Crane Co's Motion for Summary Judgment filed by Pearl Osterhout. (Attachments: #1 Exhibit(s))(Block, Jerome)
May 22, 2015	Filing 334 CERTIFICATE OF SERVICE by Pearl Osterhout re #333 Affidavit in Opposition to Motion, (Block, Jerome)
May 22, 2015	Filing 333 AFFIDAVIT in Opposition re #308 MOTION in Limine, #311 MOTION in Limine Supplemental Declaration of Jerome H. Block in Further Support of Plaintiff's Oppositions to Crane Co's & Foster Wheeler's Motions to Preclude the Testimony of Dr. Steven Markowitz filed by Pearl Osterhout. (Attachments: #1 Exhibit(s))(Block, Jerome)
May 4, 2015	CLERK'S CORRECTION OF DOCKET ENTRY re #325 Response to Motion. Amended docket text to show that the filing was a response, not a reply, to the #311 motion. (dpk)
May 1, 2015	Filing 332 CERTIFICATE OF SERVICE by Pearl Osterhout re #325 Reply to Response to Motion, (Block, Jerome)
May 1, 2015	Filing 331 CERTIFICATE OF SERVICE by Pearl Osterhout re #324 Response in Opposition to Motion,, (Block, Jerome)
May 1, 2015	Filing 330 CERTIFICATE OF SERVICE by Pearl Osterhout re #326 Response in Opposition to Motion,,, (Block, Jerome)
May 1, 2015	Filing 329 CERTIFICATE OF SERVICE by Pearl Osterhout re #327 Response in Opposition to Motion,,,,, (Block, Jerome)
May 1, 2015	Filing 328 CERTIFICATE OF SERVICE by Pearl Osterhout re #327 Response in Opposition to Motion,,,,, (Block, Jerome)
May 1, 2015	Filing 327 RESPONSE in Opposition re #309 MOTION for Summary Judgment filed by Pearl Osterhout. (Attachments: #1 Statement of Material Facts in Support of Plaintiff's Opposition to Foster Wheeler LLC's Motion for summary judgment, #2 Statement of Material Facts in Response to Foster Wheeler LLC's Statement of Facts, #3 Declaration of Jerome H. Block in Support, #4 Exhibit(s) 1, #5 Exhibit(s) 2a, #6 Exhibit(s) 2b, #7 Exhibit(s) 2c, #8 Exhibit(s) 3, #9 Exhibit(s) 4, #10 Exhibit(s) 5, #11 Exhibit(s) 6, #12 Exhibit(s) 7, #13 Exhibit(s) 8, #14 Exhibit(s) 9, #15 Exhibit(s) 10, #16 Exhibit(s) 11, #17 Exhibit(s) 12, #18 Exhibit(s) 13, #19 Exhibit(s) 14, #20 Exhibit(s) 15, #21 Exhibit(s) 16, #22 Exhibit(s) 17, #23 Exhibit(s) 18a, #24 Exhibit(s) 18b, #25 Exhibit(s) 18c, #26 Exhibit(s) 18d, #27 Exhibit(s) 18e, #28 Exhibit(s) 19, #29 Exhibit(s) 20, #30 Exhibit(s) 21, #31 Exhibit(s) 22, #32 Exhibit(s) 23, #33 Exhibit(s) 24, #34 Exhibit(s) 25a, #35 Exhibit(s) 25b, #36 Exhibit(s) 25c, #37 Exhibit(s) 25d, #38 Exhibit(s) 25e, #39 Exhibit(s) 26a, #40 Exhibit(s) 26b, #41 Exhibit(s) 27, #42 Exhibit(s) 28, #43 Exhibit(s) 29, #44 Exhibit(s) 30)(Binder, Keith)
May 1, 2015	Filing 326 RESPONSE in Opposition re #305 MOTION for Summary Judgment filed by Pearl Osterhout. (Attachments: #1 Statement of Material Facts in Support of Plaintiff's Opposition to Crane Co.'s Motion for summary judgment, #2 Statement of Material Facts in Response to Crane Co.'s Statement of Facts, #3 Declaration of Jerome H. Block in Support, #4 Exhibit(s) 1, #5 2a, #6 2b, #7 2c, #8 3, #9 4, #10 5, #11 6, #12 7, #13 8, #14 9, #15 10, #16 11, #17 12, #18 13, #19 14, #20 15, #21 16, #22 17, #23 18, #24 19a, #25 19b, #26 19c, #27 19d, #28 20, #29 21, #30 22a, #31 22b, #32 22c, #33 22d, #34 22e, #35 23a, #36 23b, #37 24, #38 25)(Binder, Keith)
May 1, 2015	Filing 325 RESPONSE to Motion re #311 MOTION in Limine filed by Pearl Osterhout. (Attachments: #1 Declaration Declaration of Jerome H. Block in Support, #2 Exhibit(s) Ex 1, #3 Exhibit(s) Ex 2, #4 Exhibit(s) Ex 3, #5 Exhibit(s) Ex 4, #6 Exhibit(s) Ex 5a, #7 Exhibit(s) Ex 5b, #8 Exhibit(s) Ex 6, #9 Exhibit(s) Ex 7, #10 Exhibit(s) Ex 8, #11 Exhibit(s) Ex 9, #12 Exhibit(s) Ex 10, #13 Exhibit(s) Ex 11)(Binder, Keith) Modified on 5/4/2015 (dpk).
May 1, 2015	Filing 324 RESPONSE in Opposition re #308 MOTION in Limine filed by Pearl Osterhout. (Attachments: #1 Declaration Declaration of Jerome H. Block in Support, #2 Exhibit(s) Ex 1a, #3 Exhibit(s) Ex 1b, #4 Exhibit(s) Ex 2, #5 Exhibit(s) Ex 3, #6 Exhibit(s) Ex 4, #7 Exhibit(s) Ex 5, #8 Exhibit(s) Ex 6, #9 Exhibit(s) Ex 7, #10 Exhibit(s) Ex 8, #11 Exhibit(s) Ex 9, #12 Exhibit(s) Ex 10, #13 Exhibit(s) Ex 11, #14 Exhibit(s) Ex 12, #15 Exhibit(s) Ex 13, #16 Exhibit(s) Ex 14)(Binder, Keith)
May 1, 2015	Filing 323 ORDER granting #322 Notice of Withdrawal of Defendant Warren Pumps LLC's #306 MOTION for Summary Judgment. Signed by U.S. District Judge Mae A. D'Agostino on 5/1/15. (ban)
May 1, 2015	Filing 322 NOTICE by Warren Pumps LLC of Withdrawal of Motion for Summary Judgment (document no. 306) (Goodearl, David)
April 29, 2015	Filing 321 NOTICE of Appearance by Pamela A. Nichols on behalf of All Plaintiffs (Nichols, Pamela)
April 9, 2015	Filing 320 TEXT ORDER granting #318 Letter Request for an adjournment of the pending motion deadlines: It is hereby ORDERED that the Return dates for the Motions for Summary Judgment and the Motions in Limine are adjourned to June 2, 2015 (ON SUBMIT) before Judge D'Agostino; Response papers are adjourned to 5/1/15; Reply papers are adjourned to 5/22/15. No further adjournment requests will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 4/9/15. (ban)
April 9, 2015	Filing 319 STIPULATION AND ORDER Of Discontinuance with Prejudice as to CBS Corporation re #317 Stipulation of Dismissal filed by CBS Corporation. Signed by U.S. District Judge Mae A. D'Agostino on 4/9/15. (ban)
April 9, 2015	Reset Deadlines as to #308 MOTION in Limine, #311 MOTION in Limine: The Motion Hearing is reset for 6/2/2015 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. No personal appearances are necessary. The motions will be decided on the submission of the papers only. Response to Motion due by 5/1/2015. (ban)
April 9, 2015	Reset Deadlines as to #306 MOTION for Summary Judgment , #305 MOTION for Summary Judgment , #309 MOTION for Summary Judgment : The Motion Hearing is reset for 6/2/2015 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motions will be decided on the submission of the papers only. Response to Motion due by 5/1/2015, Reply to Response to Motion due by 5/22/2015. (ban)
April 8, 2015	Filing 318 Letter Motion from Keith W. Binder, Esq. for Pearl Osterhout, Robert Osterhout requesting an adjournment of the return date for the motions for summary judgment filed by Foster Wheeler, Crane Co., and Warren Pumps as well as the motions filed by Crane Co. and Foster Wheeler to preclude certain testimony by plaintiff's Expert Dr. Steven Markowitz submitted to Judge D'Agostino . (Binder, Keith)
April 8, 2015	Filing 317 STIPULATION of Dismissal as to CBS Corporation by CBS Corporation submitted to Judge Mae A. DAgostino. (Vega, Dennis)
April 6, 2015	Filing 316 TEXT NOTICE of Hearing on Motion #306 MOTION for Summary Judgment , #311 MOTION in Limine, #309 MOTION for Summary Judgment :The Motion Hearing is set for 5/5/2015 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motions will be decided on the submission of the papers only. Response to Motions due by 4/17/2015, Reply to Response to Motions for Summary Judgment are due by 4/24/2015. (ban)
April 6, 2015	Filing 315 MEMORANDUM OF LAW re #311 Motion to Strike, filed by Foster Wheeler LLC. (Vega, Dennis)
April 3, 2015	Filing 314 TEXT ORDER granting #313 Letter Request to set the Motion hearing date re #305 Crane Company's Motion for Summary Judgment and #308 Crane Company's Motion in Limine for May 5, 2015. The motions will be on SUBMIT before Judge D'Agostino. No personal appearances are necessary. Response papers due 4/17/15; reply papers due 4/24/15. Signed by U.S. District Judge Mae A. D'Agostino on 4/3/15. (ban)
April 3, 2015	Reset Deadlines as to #308 MOTION in LimineImproper Hypothetical Testimony From Plaintiff's Medical Expert Dr. Steven Markowitz, #305 MOTION for Summary Judgment . The Motion Hearing is reset for 5/5/2015 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 4/17/2015, Reply to Response to Motion due by 4/24/2015. (ban)
April 2, 2015	Filing 313 Letter Motion from Eric R.I. Cottle requesting The Court Make Crane Co.'s Motion for Summary Judgment and Motion to Preclude Improper Hypothetical Testimony from Plaintiff's Medical Expert Dr. Steven Markowitz date returnable on May 5, 2015 Plaintiff's Opposition to be Served on or Before April 17, 2015 and Crane Co.'s Reply Papers to be Filed on or Before April 24, 2015 submitted to Judge Mae A. D'Agostino . (Cottle, Eric)
March 31, 2015	Filing 312 AFFIDAVIT in Support re #311 MOTION to Strike "Cumulative Exposure" and "Every Exposure" Opinion of Dr. Steven Markowitz filed by Foster Wheeler LLC. (Attachments: #1 Ex A _ Markowitz Report 102914, #2 Ex B_Deposition of Markowitz 012915, #3 Ex C-Moore Report 081514, #4 Ex D_Captain Arnold Moore Transcript 010915, #5 Ex E_Deposition Transcript of Plaintiff 031214)(Vega, Dennis)
March 31, 2015	Filing 311 MOTION IN LIMINE/Motion to Strike "Cumulative Exposure" and "Every Exposure" Opinion of Dr. Steven Markowitz filed by Foster Wheeler LLC. The Motion hearing is set for May 5, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 4/17/15;(Attachments: #1 Certification of Service) Motions referred to David E. Peebles. (Vega, Dennis) Modified on 4/6/2015 (ban). Modified on 4/6/2015 (ban).
March 31, 2015	Filing 310 AFFIDAVIT in Support re #309 MOTION for Summary Judgment filed by Foster Wheeler LLC. (Attachments: #1 Ex 1 Plaintiff Military Records_Part1, #2 Ex 1 Plaintiff Military Records_Part2, #3 Ex 1 Plaintiff Military Records_Part3, #4 Ex 1 Plaintiff Military Records_Part4, #5 Ex 2 Pltf expert report of Capt Arnold P Moore, #6 Ex 3_Vol 1 Plaintiff Deposition Transcript 031214, #7 Ex 4_Vol III Plaintiff Deposition Transcript 031414, #8 Ex 5_Captain Arnold Moore PE Deposition Transcript 010915, #9 Ex 6 Schroppe Affidavit 033015, #10 Ex 7_1955_ BUSHIPS Tech Manual Ch 51, #11 Ex 8 Lehman Affidavit July 12 2007, #12 Ex 9 Shroppe March 10 2006, #13 Ex 10 Military specs Navy ship Propulson MIL B 18381B, #14 Ex 11 Betts November 22 2010, #15 Ex 12 Mil Specs Thermal Insulation, #16 Ex 13 Shroppe December 17 2009, #17 Ex 14 Handbook of Research Development and Testing Facilities August 30 1957, #18 Ex 15 Mil Specs ID Plates September 19 1952, #19 Ex 16 MIL SPEC 15071B, #20 Ex 17 MIL SPEC 15071C, #21 Ex 18 MIL M 15071D, #22 Ex 19 Correspondence between Nav Foster Wheeler and GE, #23 Ex 20 McCaffery December 17 2009, #24 Ex 21 Crews_NDNY, #25 Ex 22 Surre, #26 Ex 23 Devries_EDPA, #27 Ex 24 Barnes, #28 Ex 25 Sellers_EDPA, #29 Ex 26 Cabasug, #30 Ex 27 Oneal, #31 Ex 28 Nelson, #32 Memorandum of Law, #33 Statement of Material Facts)(Vega, Dennis)
March 31, 2015	Filing 309 MOTION for Summary Judgment filed by Foster Wheeler LLC. The Motion hearing is set for May 5, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 4/17/15; Reply due 4/24/15; (Attachments: #1 Rule 56.1 Statement of Facts, #2 Certification of Service, #3 Certification of Service) (Vega, Dennis) Modified on 4/6/2015 (ban).
March 30, 2015	Filing 308 MOTION IN LIMINE Improper Hypothetical Testimony From Plaintiff's Medical Expert Dr. Steven Markowitz. The Motion hearing is set for May 5, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 4/17/15; (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Exhibit(s) Exhibit 1, #4 Exhibit(s) Exhibit 2, #5 Exhibit(s) Exhibit 3, #6 Civil Cover Sheet Certificate of Service) Motions referred to David E. Peebles. (Cottle, Eric) Modified on 4/3/2015 (ban). Modified on 4/6/2015 (ban). Modified on 4/6/2015 (ban).
March 30, 2015	Filing 307 MOTION in Limine to Preclude Improper Hypothetical Testimony From Plaintiff's Medical Expert Dr. Steven Markowitz filed by Crane Co.. The Motion hearing is set for May 5, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 4/17/15; (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Exhibit(s) Exhibit 1, #4 Exhibit(s) Exhibit 2, #5 Exhibit(s) Exhibit 3, #6 Civil Cover Sheet Certificate of Service) (Cottle, Eric) Modified on 3/31/2015 to terminate pending motion as Dkt #308 was filed to correct the title of the motion.(lah). Modified on 4/6/2015 (ban).
March 30, 2015	Filing 306 MOTION for Summary Judgment filed by Warren Pumps LLC. The Motion hearing is set for May 5, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 4/17/15; Reply due 4/24/15; (Attachments: #1 Statement of Material Facts, #2 Affidavit of David J. Goodearl, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I (1 of 3), #12 Exhibit(s) I (2 of 3), #13 Exhibit(s) I (3 of 3), #14 Exhibit(s) J, #15 Exhibit(s) K, #16 Exhibit(s) L, #17 Exhibit(s) M, #18 Exhibit(s) N, #19 Exhibit(s) O, #20 Exhibit(s) P, #21 Exhibit(s) Q, #22 Exhibit(s) R, #23 Memorandum of Law, #24 Proposed Order/Judgment, #25 Certificate of Service) (Goodearl, David) Modified on 4/6/2015 (ban).
March 30, 2015	Filing 305 MOTION for Summary Judgment . The Motion hearing is set for May 5, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 4/17/15; Reply due 4/24/15; (Attachments: #1 Statement of Material Facts, #2 Affidavit, #3 Memorandum of Law, #4 Exhibit(s) Exhibit A, #5 Exhibit(s) Exhibit B, #6 Exhibit(s) Exhibit C, #7 Exhibit(s) Exhibit D, #8 Exhibit(s) Exhibit E, #9 Exhibit(s) Exhibit F, #10 Exhibit(s) Exhibit G, #11 Exhibit(s) Exhibit H, #12 Proposed Order/Judgment, #13 Civil Cover Sheet Certificate of Service) (Cottle, Eric) Modified on 4/6/2015 (ban, ).
March 30, 2015	Filing 304 MOTION for Summary Judgment . (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Exhibit(s) Exhibit C, #6 Exhibit(s) Exhibit D, #7 Exhibit(s) Exhibit E, #8 Exhibit(s) Exhibit F, #9 Exhibit(s) Exhibit G, #10 Exhibit(s) Exhibit H, #11 Proposed Order/Judgment, #12 Civil Cover Sheet Certificate of Service) (Cottle, Eric) Modified on 3/31/2015 to terminate as pending motion since #305 is a duplicate that includes the required statement of material facts.(lah).
March 27, 2015	Filing 303 STIPULATION AND ORDER of Dismissal as to Defendant Air & Liquid Systems Corp, as successor by merger to Buffalo Pumps, Inc. re #300 Stipulation of Dismissal filed by Air & Liquid Systems Corporation. Signed by U.S. District Judge Mae A. D'Agostino on 3/27/15. (ban)
March 27, 2015	Filing 302 TEXT ORDER granting #296 Motion for Limited Admission Pro Hac Vice for Judith A. Perritano, Esq. for Warren Pumps, LLC; granting #297 Motion for Limited Admission Pro Hac Vice for James Insco, II, Esq. for Crane Co.; and granting #298 Motion for Limited Admission Pro Hac Vice for Michael J. Sechler, Esq. for Crane Co. Authorized by Magistrate Judge David E. Peebles on 3/27/15. (sal, )
March 26, 2015	Filing 301 Stipulation and ORDER re #299 Stipulation of Dismissal filed by Todd Shipyards Corp (Puget Sound Commerce Center, Inc.). Signed by U.S. District Judge Mae A. D'Agostino on 3/26/15. (ban)
March 26, 2015	Filing 300 STIPULATION of Dismissal by Air & Liquid Systems Corporation. (Burgasser, Jessica)
March 25, 2015	Filing 299 STIPULATION of Dismissal by Todd Shipyards Corp. submitted to Judge D'Agostino. (Squitieri, Virginia)
March 24, 2015	Filing 298 MOTION for Limited Admission Pro Hac Vice of Michael J. Sechler Filing fee $100, receipt number 0206-3235484.. (Attachments: #1 Affidavit Affidavit of Sponsor in Support of Motion to Admit Michael Sechler Pro Hac Vice, #2 Declaration Verified Petition of Admission of Michael Sechler, #3 Oath on Admission, #4 Certificate of Good Standing, #5 E-Filing Registration Form, #6 Proposed Order/Judgment Proposed Order of Court, #7 Certificate of Service) Motions referred to David E. Peebles. (Cottle, Eric)
March 24, 2015	Filing 297 MOTION for Limited Admission Pro Hac Vice of James B. Insco II Filing fee $100, receipt number 0206-3235465.. (Attachments: #1 Affidavit Affidavit of Sponsor in Support of Motion to Admit James Insco Pro Hac Vice, #2 Declaration Verified Petition of Admission of James Insco, #3 Oath on Admission, #4 Certificate of Good Standing, #5 E-Filing Registration Form, #6 Proposed Order/Judgment Proposed Order of Court, #7 Certificate of Service) Motions referred to David E. Peebles. (Cottle, Eric)
March 24, 2015	Filing 296 MOTION for Limited Admission Pro Hac Vice of Judith A. Perritano Filing fee $100, receipt number 0206-3234301. filed by Warren Pumps LLC. (Attachments: #1 Affidavit of Sponsor, #2 Declaration of Judith A. Perritano, #3 Oath on Admission, #4 Perritano Certificate of Good Standing, #5 E-Filing Registration Form, #6 Certificate of Service) Motions referred to David E. Peebles. (Goodearl, David)
March 23, 2015	Filing 295 STIPULATION of Dismissal by Todd Shipyards Corp. submitted to Judge D'Agostino. (Squitieri, Virginia)
March 17, 2015	Filing 294 Stipulation and ORDER To Dismiss Defendant Crane Pumps and Systems, Inc. re #293 Stipulation of Dismissal filed by Crane Pumps & Systems, Inc. Signed by U.S. District Judge Mae A. D'Agostino on 3/17/15. (ban)
March 16, 2015	Filing 293 STIPULATION of Dismissal With Prejudice by Crane Pumps & Systems, Inc. submitted to Judge Mae A. D'Agostino. (Kozin, Nicole)
March 10, 2015	Filing 292 NOTICE by CBS Corporation, Foster Wheeler LLC (Vega, Dennis)
March 5, 2015	Filing 291 STIPULATION of Dismissal for Air & Liquid Systems Corporation as successor by merger to Buffalo Pumps, Inc. submitted to District Judge Mae A. D'Agostino. (Burgasser, Jessica) Modified on 3/6/2015 to reflect which deft. this relates to and submit to appropriate judge (sal ).
March 4, 2015	Filing 290 STIPULATION AND ORDER Of Discontinuance as to Trane U.S. Inc., f/k/a American Standard, Inc. re #287 Stipulation of Dismissal filed by Trane US, Inc. Signed by U.S. District Judge Mae A. D'Agostino on 3/4/15. (ban)
March 4, 2015	Filing 289 STIPULATION AND ORDER of Discontinuance as to Ingersoll-Rand Company re #286 Stipulation of Dismissal. Signed by U.S. District Judge Mae A. D'Agostino on 3/4/15. (ban)
March 4, 2015	Filing 288 STIPULATION AND ORDER OF DISCONTINUANCE with Prejudice as to General Electric Company. Signed by U.S. District Judge Mae A. D'Agostino on 3/4/15. (ban)
March 4, 2015	Filing 287 STIPULATION of Dismissal Trane U.S. Inc. by Trane US, Inc.. (Nowak, James)
March 4, 2015	Filing 286 STIPULATION of Dismissal Ingersoll-Rand Company. (Nowak, James)
March 3, 2015	Filing 285 STIPULATION of Dismissal with prejudice by General Electric Company submitted to Judge Peebles. (Vega, Dennis)
March 2, 2015	Filing 284 CERTIFICATE OF SERVICE by Imo Industries Inc. for Rule 26 (a)(2) Expert Disclosure (Goodearl, David)
March 2, 2015	Filing 283 CERTIFICATE OF SERVICE by Warren Pumps LLC for Rule 26 (a)(2) Expert Disclosure (Goodearl, David)
February 27, 2015	Filing 282 CERTIFICATE OF SERVICE for the report of defense Expert Donna M. Ringo, CIH (DiGiglio, Angela)
February 26, 2015	Filing 281 CERTIFICATE OF SERVICE for the report of defense Expert Samuel A. Forman, M.D. (Kozin, Nicole)
February 24, 2015	Filing 280 CERTIFICATE OF SERVICE for the report of defense experts Michael Graham M.D. and James O. Rasmuson, PhD, CIH, DABT (Kozin, Nicole)
February 24, 2015	Filing 279 CERTIFICATE OF SERVICE for the report of defense Expert Rear Admiral David P. Sargent, Jr. USN (Ret.) (Kozin, Nicole)
February 11, 2015	Filing 278 STIPULATION of Dismissal by General Electric Company submitted to Judge Peebles. (Vega, Dennis)
February 11, 2015	Filing 277 STIPULATION AND ORDER of DISCONTINUANCE as to WEIR VALVES & CONTROLS USA, INC., Individually as as successor in interest to ATWOOD & MORILL CO., INC. Signed by U.S. District Judge Mae A. D'Agostino on 2/11/15. (ban)
February 11, 2015	CLERK'S CORRECTION OF DOCKET ENTRY: A text notice setting a final fairness hearing filed in this case on 2/11/15 was mistakenly filed in this case. It has been deleted from the docket and filed in the correct case. (ban)
February 10, 2015	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/10/2015. Parties are on schedule with the deadlines currently in place. Plaintiff's expert reports have been submitted and depositions of plaintiff's experts have been completed. Defendants are preparing to submit their expert reports, which will occur on or before 3/1/2015. Defendants' expert depositions will be scheduled for some time in March. Next step is motion phase. Defendants Crane Co., Foster Wheeler & CBS Corporation intend to file motions for summary judgment. Plaintiff indicates that defendant Crane Pumps & Systems may be stipulated out of this action. Judge directs plaintiff's counsel to file stipulations of dismissal as to the defendants whose claims have been resolved in this action, which include defendants Air & Liquid, General Electric, Todd Shipyards, Ingersoll-Rand, and Trane US, Inc.. At this time, these defendants remain active and pending. No new conference is scheduled before Magistrate Judge Peebles. APP: Keith Binder, Esq., Angela DiGiglio, Esq., Christopher Hannan, Esq., Dennis Vega, Esq., and Annmarie Giblin, Esq.. (sal, )
February 9, 2015	Filing 276 STIPULATION of Dismissal for Weir Valves & Controls USA, INC submitted to Judge Mae A. D'Agastino. (Gernant, Eric)
January 29, 2015	Filing 275 TRANSCRIPT of Proceedings: Motion Argument (Telephone Conference) held on 1/21/2015 before Judge Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/29/2015. Notice of Intent to Redact due by 2/3/2015 (etm, )
January 29, 2015	Filing 274 STIPULATION AND ORDER OF DISMISSAL as to STIHL INCORPORATED. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/15. (ban) (ban, ).
January 28, 2015	Filing 273 STIPULATION of Dismissal by Stihl Incorporated submitted to Judge Peebles. (Attachments: #1 Proposed Order/Judgment)(Scholz, Andrew)
January 28, 2015	Filing 272 STATUS REPORT in Response to Text Order dated 1/27/15 (Doc No. 265) by Warren Pumps LLC. (Giblin, Annmarie)
January 28, 2015	Filing 271 ANSWER to Complaint by CBS Corporation. (Attachments: #1 Attorney's Verification, #2 Affidavit Certificate of Service)(Tanenbaum, Michael)
January 28, 2015	Filing 270 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CBS Corporation. (Attachments: #1 Affidavit Certificate of Service)(Tanenbaum, Michael)
January 28, 2015	Filing 269 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Foster Wheeler LLC identifying Corporate Parent Foster Wheeler Energy Corporation, Corporate Parent Foster Wheeler Holdings Ltd. (Bermuda), Corporate Parent Foster Wheeler LLC (Delaware) for Foster Wheeler LLC.. (Vega, Dennis)
January 28, 2015	Filing 268 Foster Wheeler LLC's ANSWER to #245 Amended Complaint by Foster Wheeler LLC. (Attachments: #1 Corporate Disclosure)(Vega, Dennis)
January 28, 2015	Filing 267 TRANSCRIPT REQUEST by Foster Wheeler LLC, General Electric Company for proceedings held on January 21, 2015 before Judge Judge David E. Peebles.. (Vega, Dennis)
January 28, 2015	Filing 266 ORDER re #223 Motion. Defendants' motion for an order deeming the plaintiff to have admitted the facts set forth in the moving defendants' RFAs or, alternatively, compelling the plaintiff to respond to those RFAs is DENIED. The moving defendants are hereby GRANTED permission to serve four interrogatories with regard to each of the entities referenced in the RFAs, as recited by the court in its oral decision. Plaintiff is hereby directed to serve proper responses to the moving defendants' interrogatories, as permitted hereunder, within thirty days of service thereof, unless the parties agree to a further extension, or the court orders otherwise. No costs or attorney's fees are awarded to any party in connection with the motion now before the court. Signed by Magistrate Judge David E. Peebles on 1/28/2015. (dpk)
January 27, 2015	Filing 265 TEXT ORDER: Attorney Annmarie Giblin is directed to promptly file a status report concerning the recently filed Answers to the #245 Amended Complaint. Dkt. Nos. #256 & #257 . Each of these entries include cross-claims against parties who were been previously dismissed from the action. Attorney Giblin is directed to advise that court, in writing, as to whether or not the cross-claims against the parties who were previously dismissed from the action are now active claims in this action. Authorized by Magistrate Judge David E. Peebles on 1/27/15. (sal, )
January 23, 2015	Filing 264 ANSWER to Complaint by Crane Co..(Cottle, Eric)
January 23, 2015	Filing 263 ANSWER to Complaint by Crane Pumps & Systems, Inc..(Cottle, Eric)
January 23, 2015	Filing 262 STIPULATION AND ORDER of DISCONTINUANCE as to NASH ENGINEERING COMPANY. Signed by U.S. District Judge Mae A. D'Agostino on 1/23/15. (ban) (ban, ).
January 23, 2015	Filing 261 STIPULATION AND ORDER of DISCONTINUANCE as to Tate Andale, Inc. re #258 Stipulation of Discontinuance. Signed by U.S. District Judge Mae A. D'Agostino on 1/23/15. (ban) Modified on 1/23/2015 (ban).
January 23, 2015	CLERK'S CORRECTION OF DOCKET ENTRY re #262 Stipulation and Order: The image attached to docket entry #262 was incorrectly filed. The Clerk added the correct signed order to docket entry #262, and emailed a copy of the correct order to all counsel of record. (ban)
January 22, 2015	Filing 260 STIPULATION of Dismissal by Atwood & Morrill Co., Inc. submitted to Judge Mae A. D'Agastino. (Gernant, Eric)
January 22, 2015	Filing 259 STIPULATION of Dismissal by The Nash Engineering Company submitted to Judge Mae A. D'Agastino. (Gernant, Eric)
January 22, 2015	Filing 258 STIPULATION of Dismissal submitted to Judge Mae A. D'Agastino. (Gernant, Eric)
January 22, 2015	Filing 257 ANSWER to #245 Amended Complaint , CROSSCLAIM against Air & Liquid Systems Corporation, Armstrong International, Inc., Aurora Pump Company, Carrier Corporation, Clark-Reliance Corp., Copes-Vulcan, Inc., Crane Co., Crane Pumps & Systems, Inc., FMC Corp., Fisher Controls International, Foster Wheeler LLC, G.H. Miner Co., Inc., Goulds Pumps, Inc., Husqvarna U.S. Holding, Inc., Ingersoll-Rand Company, John Crane, Inc., Johnson Controls, Inc., Ruggles-Klingeman Manufacturing Co., Inc., Spirax Sarco, Inc., Stihl Incorporated, Syracuse Supply Co., Tate Andale, Inc., The Nash Engineering Company, Trane US, Inc., Troy Belting and Supply Co., Union Carbide Corp., Velan Valve Corp. by Imo Industries Inc..(Giblin, Annmarie)
January 22, 2015	Filing 256 ANSWER to #245 Amended Complaint , CROSSCLAIM against Air & Liquid Systems Corporation, Armstrong International, Inc., CBS Corporation, Cameron International, Clark-Reliance Corp., Copes-Vulcan, Inc., Echo, Incorporated, FMC Corp., Fisher Controls International, Foster Wheeler LLC, G.H. Miner Co., Inc., Goulds Pumps, Inc., Homelite Consumer Products, Inc., John Crane, Inc., Sears, Roebuck & Co., Spirax Sarco, Inc., Stihl Incorporated, Tate Andale, Inc., The Nash Engineering Company, Todd Shipyards Corp., Trane US, Inc., Troy Belting and Supply Co., Union Carbide Corp., Weir Valves & Controls USA, Inc. by Warren Pumps LLC.(Giblin, Annmarie)
January 21, 2015	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 1/21/2015 re #223 MOTION To Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions or in the Alternative to Compel Plaintiffs to Respond to Defendants' Request for Admissions Purusant to FRCP 36(a)(6) filed by Foster Wheeler LLC and CBS Corporation. Judge notes that plaintiffs recently filed a status report, Dkt. No. #252 , identifying the sole remaining defendants in this action, however, many other defendants still remain on the docket. As to those particular defendants not mentioned in the status report, plaintiffs' counsel advises that stipulations of dismissal are still awaiting approval and/or filing with the court but are expected to be filed shortly. After hearing oral argument from counsel, Judge DENIES the #223 motion and authorizes the service of four interrogatories with respect to each of the companies listed in the request for admissions. An order memorializing this bench ruling will be issued shortly. APP: For Pltfs. - Keith Binder, Esq., and Jerome Block, Esq.. For Defts. Foster Wheeler & CBS Corp. - Dennis Vega, Esq.. For Defts. Crane Co. and Crane Pumps & Systems, Inc. - Nicole Kozin, Esq.. For Deft. FMC Corp.: Maria Carlucci, Esq.. For Defts. IMO & Warren Pumps - Annmarie Giblin, Esq.. Time: 9:30 AM - 10:05 AM. (Court Reporter: Eileen McDonough). (sal, )
January 20, 2015	Filing 255 STIPULATION AND ORDER To Dismiss Defendant Ruggles Klingemann Mfg. Co. Signed by U.S. District Judge Mae A. D'Agostino on 1/20/15. (ban)
January 20, 2015	Filing 254 STIPULATION of Dismissal as to Defendant Ruggles Klingemann Mfg. Co. submitted to Judge David E. Peebles. (Pehush, Tara)
January 13, 2015	Filing 253 STIPULATION AND ORDER OF DISCONTINUANCE as to Carrier Corporation re #251 Stipulation of Dismissal. Signed by U.S. District Judge Mae A. D'Agostino on 1/13/15. (ban)
January 12, 2015	Filing 252 STATUS REPORT in Response to Text Order dtd 1-9-15 for Clarification by Pearl Osterhout. (Binder, Keith)
January 12, 2015	Filing 251 STIPULATION of Dismissal on behalf of Carrier Corporation submitted to Judge Mae A. D'Agostino. (Squitieri, Virginia)
January 9, 2015	Filing 250 TEXT ORDER : Plaintiff's counsel is directed to clarify, in writing, as to whether or not the defendants previously dismissed in this action remain as terminated parties or if the plaintiff intends to have active claims against them. Pursuant to the amended complaint filed, Dkt. No. #245 , the defendants who were previously terminated as parties in this action are named in the caption of the amended complaint. Based upon the foregoing, plaintiff's counsel is directed to file a letter with the court clarifying the above information. Authorized by Magistrate Judge David E. Peebles on 1/9/15. (sal, )
January 9, 2015	Filing 249 TEXT ORDER granting #248 Motion to Substitute Party based upon the filing of the #244 stipulation to amend the complaint and #245 amended complaint. Plaintiff Pearl Osterhout is now a plaintiff in her own right, as well as in representational capacity. Robert Osterhout terminated as plaintiff. Authorized by Magistrate Judge David E. Peebles on 1/9/15. (sal, )
January 8, 2015	Filing 248 MOTION to Substitute Party Motion Hearing set for 2/11/2015 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 1/26/2015 filed by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Affirmation in Support of Motion, #2 Exhibit(s) Death Certificate, #3 Exhibit(s) Letters Testamentary) Motions referred to David E. Peebles. (Binder, Keith)
January 8, 2015	Filing 247 TEXT ORDER approving the #244 Stipulation to Amend the Complaint. The court authorizes the filing of plaintiff's amended complaint, Dkt. No. #245 , which is now the operative pleading in this matter. Defendants are directed to file a response to plaintiff's amended complaint in accordance with the Federal Rules of Civil Procedure. Authorized by Magistrate Judge David E. Peebles on 1/8/15. (sal, )
January 7, 2015	Filing 246 REPLY to Response to Motion re #223 MOTION To Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions or in the Alternative to Compel Plaintiffs to Respond to Defendants Request for Admissions Purusant to FRCP 36(a)(6) filed by CBS Corporation, Foster Wheeler LLC. (Attachments: #1 Ex A_Attorneys_Asbestos Lawyers_Levy Konigsberg LLP, #2 Ex B_Excerpt of Rand Report, #3 Ex C_UNR Trust_Exposure Requirements, #4 Ex D _Deposition Transcript of Plaintiff Vol IV)(Vega, Dennis)
January 7, 2015	Filing 245 AMENDED COMPLAINT for Wrongful Death against All Defendants filed by Pearl Osterhout.(Binder, Keith)
January 7, 2015	Filing 244 STIPULATION by Pearl Osterhout submitted to Judge Peebles. (Binder, Keith)
January 6, 2015	Filing 243 TEXT ORDER finding as moot #241 Letter Request.By Text Order issued on 1/6/2015 (Dkt. No. 242), the #239 Motion for Limited Admission Pro Hac Vice of Erik Nadolink, Esq., together with the #240 Motion for Limited Admission Pro Hac Vice of John M. Fitzpatrick, Esq., for defendant Foster Wheeler, LLC were granted. Authorized by Magistrate Judge David E. Peebles on 1/6/15. (sal, )
January 6, 2015	Filing 242 TEXT ORDER granting #239 Motion for Limited Admission Pro Hac Vice of Erik Nadolink, Esq. for defendant Foster Wheeler, LLC; and granting #240 Motion for Limited Admission Pro Hac Vice of John M. Fitzpatrick, Esq. for defendant Foster Wheeler, LLC. Authorized by Magistrate Judge David E. Peebles on 1/6/15. (sal, )
January 6, 2015	Filing 241 Letter Motion from Dennis E. Vega for Foster Wheeler LLC requesting Pro Hac Vice Admission submitted to Judge Peebles . (Attachments: #1 Proposed Consent Order)(Vega, Dennis)
January 5, 2015	Filing 240 MOTION for Limited Admission Pro Hac Vice of John M. Fitzpatrick Filing fee $100, receipt number 0206-3155586. filed by Foster Wheeler LLC. (Attachments: #1 Affidavit of Sponsor for Fitzpatrick, #2 Petition for Admission of Fitzpatrick, #3 Fitzpatrick Oath of Admission, #4 Fitzpatrick Cert of Good Standing, #5 Fitzpatrick Efiling Registration form, #6 Proposed Order for Fitzpatrick, #7 Cert of Service of Fitzpatrick Motion) Motions referred to David E. Peebles. (Vega, Dennis) (Attachment 4 replaced on 1/6/2015) (dpk, ).
January 5, 2015	Filing 239 MOTION for Limited Admission Pro Hac Vice of Erik Nadolink Filing fee $100, receipt number 0206-3155560. filed by Foster Wheeler LLC. (Attachments: #1 Affidavit of Sponsor for Nadolink, #2 Petition for Admission of Nadolink, #3 Oath of Admission of Nadolink, #4 Nadolink Cert of Good Standing, #5 Nadolink E_filing Registration, #6 Proposed Order, #7 Cert of Service of Nadolink Motion) Motions referred to David E. Peebles. (Vega, Dennis) (Attachment 4 replaced on 1/6/2015) (dpk, ).
December 30, 2014	Filing 238 NOTICE of Appearance by David J. Goodearl on behalf of Imo Industries Inc. (Goodearl, David)
December 30, 2014	Filing 237 NOTICE of Appearance by David J. Goodearl on behalf of Warren Pumps LLC (Goodearl, David)
December 29, 2014	Filing 236 TEXT ORDER: On 12/23/2014, plaintiffs filed an Amended Complaint in this action. Dkt. No. #234 . This document does not comply with the local rules of this district, therefore, it is stricken from the record ("[a] party shall not incorporate any portion of its prior pleading into the proposed amended pleading by reference") N.Y.N.D. L.R. 7.1(a)(4). If all of the parties agree to this amendment of the pleadings, then a stipulation to amend the complaint must be filed reflecting same and an amended complaint, which will supersede the original pleading in all respects, shall thereafter be filed with the court. If any defendant objects to the filing of this amended complaint, then plaintiffs must file a motion to amend the complaint and attach an unsigned copy of the proposed amended pleading to its motion papers. Authorized by Magistrate Judge David E. Peebles on 12/29/14. (sal, )
December 23, 2014	Filing 235 RESPONSE in Opposition re #223 MOTION To Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions or in the Alternative to Compel Plaintiffs to Respond to Defendants Request for Admissions Purusant to FRCP 36(a)(6) filed by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s))(Binder, Keith)
December 23, 2014	Filing 234 STRICKEN PER TEXT ORDER 236 ENTERED ON 12/29/2014 AMENDED COMPLAINT For Wrongful Death against All Defendants filed by Pearl Osterhout.(Binder, Keith) Modified on 12/29/2014 (sal, ).
December 17, 2014	Filing 233 STIPULATION AND ORDER OF DISMISSAL as to G.H. MINER CO., INC. re #231 Stipulation of Dismissal filed by G.H. Miner Co., Inc. Signed by U.S. District Judge Mae A. D'Agostino on 12/17/14. (ban)
December 17, 2014	Filing 232 STIPULATION AND ORDER OF DISCONTINUANCE as to JOHN CRANE INC. re #230 Stipulation of Dismissal filed by John Crane, Inc. Signed by U.S. District Judge Mae A. D'Agostino on 12/17/14. (ban)
December 10, 2014	Filing 231 STIPULATION of Dismissal by G.H. Miner Co., Inc. submitted to Judge Mae A. D'Agostino. (DiMarco, Erik)
December 9, 2014	Filing 230 STIPULATION of Dismissal with prejudice by John Crane, Inc. submitted to Judge David E. Peebles. (Cooney, William)
December 2, 2014	Filing 229 STIPULATION AND ORDER OF DISMISSAL as to Homelite Consumer Products, Inc. re #228 Stipulation of Dismissal filed by Homelite Consumer Products, Inc. Signed by U.S. District Judge Mae A. D'Agostino on 12/2/14. (ban)
December 1, 2014	Filing 228 STIPULATION of Dismissal REVISED by Homelite Consumer Products, Inc. submitted to Judge D'Agostino. (Evans, Julie)
November 25, 2014	Filing 227 TEXT ORDER granting in part #226 Letter Request. As to the #223 Motion To Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions or in the Alternative to Compel Plaintiffs to Respond to Defendants' Request for Admissions Purusant to FRCP 36(a)(6), the Response to Motion deadline is reset for 12/23/2014 and Reply to Response to Motion deadline is reset for 1/7/2015. The on-the-record Telephone Conference set for 12/17/2014 at 10:00 AM is rescheduled for 1/21/2015 at 9:30 AM before Magistrate Judge David E. Peebles. (NOTE: The court could not accommodate counsel's request to hear oral argument on 1/14/2015). Attorney Vega is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide a call-in number and passcode to counsel and the court. Authorized by Magistrate Judge David E. Peebles on 11/25/14. (sal, )
November 24, 2014	Filing 226 Letter Motion from Keith W. Binder, Esq. for Pearl Osterhout, Robert Osterhout requesting Extension of Time for Plaintiffs to Oppose Defendants CBS, Foster Wheeler & GE's Motion to Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions Pursuant to FRCP 36(a)(6) submitted to Judge David E. Peebles . (Binder, Keith)
November 14, 2014	Filing 225 STIPULATION of Dismissal by G.H. Miner Co., Inc.. (DiMarco, Erik)
November 11, 2014	Filing 224 STIPULATION of Dismissal by Homelite Consumer Products, Inc.. (Evans, Julie)
November 8, 2014	TEXT NOTICE of Hearing on Motion #223 To Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions or in the Alternative to Compel Plaintiffs to Respond to Defendants' Request for Admissions Purusant to FRCP 36(a)(6): Plaintffs' Response to Motion is due by 12/5/2014. An on the record telephone conference is set for 12/17/2014 at 10:00 AM before Magistrate Judge David E. Peebles. Attorney Vega is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide a call-in number and passcode to counsel and the court. (sal)
November 7, 2014	Filing 223 MOTION To Deem Admitted Plaintiffs' Responses to Defendants' Request for Admissions or in the Alternative to Compel Plaintiffs to Respond to Defendants Request for Admissions Purusant to FRCP 36(a)(6) filed by CBS Corporation, Foster Wheeler LLC. (Attachments: #1 Memo of Law, #2 Affidavit of Dennis E Vega, #3 Ex 1 Osterhout Dep_031214, #4 Ex 2 Osterhout Dep 031414, #5 Ex 3 Response to Request for Admissions_Part1, #6 Ex 3 Response to Request for Admissions_Part2, #7 Ex 3 Response to Request for Admissions_Part3, #8 Ex 3 Response to Request for Admissions_Part4, #9 Ex 4 Vega Letter dated 081414, #10 Ex 5 Email from Binder 082814, #11 Ex 6 Revised response to Request for Admissions, #12 Ex 7 Qualified Product List_Part1, #13 Ex 7 Qualified Product List_Part2, #14 Ex 7 Qualified Product List_Part3, #15 Ex 7 Qualified Product List_Part4, #16 Ex 8 Email 092414, #17 Ex 9 Amended CMO 052611_Part1, #18 Ex 9 Amended CMO 052611_Part2, #19 Ex 9 Amended CMO 052611_Part3, #20 Ex 9 Amended CMO 052611_Part4, #21 Ex 9 Amended CMO 052611_Part5, #22 Ex 10 Standard Discovery responses_Part1, #23 Ex 10 Standard Discovery responses_Part2, #24 Ex 10 Standard Discovery responses_Part3, #25 Ex 10 Standard Discovery responses_Part4, #26 Ex 11 Recommendation of Special Master, #27 Ex 12 Abestos Bankruptcy Trusts_Part1, #28 Ex 12 Abestos Bankruptcy Trusts_Part2, #29 Ex 12 Abestos Bankruptcy Trusts_Part3, #30 Ex 12 Abestos Bankruptcy Trusts_Part4, #31 Ex 12 Abestos Bankruptcy Trusts_Part5, #32 Ex 12 Abestos Bankruptcy Trusts_Part6, #33 Ex 12 Abestos Bankruptcy Trusts_Part7, #34 Ex 12 Abestos Bankruptcy Trusts_Part8, #35 Ex 12 Abestos Bankruptcy Trusts_Part9, #36 Ex 12 Abestos Bankruptcy Trusts_Part10, #37 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part1, #38 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part2, #39 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part3, #40 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part4, #41 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part5, #42 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part6, #43 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part7, #44 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part8, #45 Ex 13 Asbestos Bankruptcy Trusts and Tort Compensation_Part9, #46 Ex 14 Re Garlock Sealing Tech_Part1, #47 Ex 14 Re Garlock Sealing Tech_Part2, #48 Ex 14 Re Garlock Sealing Tech_Part3, #49 Ex 14 Re Garlock Sealing Tech_Part4, #50 Ex 15 Kananian v Lorillard Tobacco, #51 Proposed Order, #52 Certification of Service) Motions referred to David E. Peebles. (Vega, Dennis)
November 5, 2014	TEXT NOTICE of Rescheduling Hearing on #220 Motion for Summary Judgment by Defendant Tate Andale, Inc., #221 Motion for Summary Judgment by Defendant Nash Engineering Company, and #222 MOTION for Summary Judgment by Defendant Atwood & Morrill Co., Inc.: Response to Motion remains due by 12/1/2014. Reply to Response to Motion remains due by 12/5/2014. The Motion Hearing is reset for 12/16/2014 at 9:00 AM (ON SUBMIT) in Albany before U.S. District Judge Mae A. D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. (sal, )
November 4, 2014	Filing 222 MOTION for Summary Judgment by Defendant Atwood & Morrill Co., Inc Motion Hearing set for 12/16/2014 09:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 12/1/2014 Reply to Response to Motion due by 12/5/2014. filed by Weir Valves & Controls USA, Inc.. (Attachments: #1 Declaration, #2 Exhibit(s) Ex A S&C, #3 Exhibit(s) Ex B-Notice of Removal, #4 Exhibit(s) Ex C-Answer, #5 Exhibit(s) Ex D-Chart, #6 Exhibit(s) E-PID, #7 Memorandum of Law, #8 Proposed Order/Judgment, #9 Affidavit) (Gernant, Eric)
November 4, 2014	Filing 221 MOTION for Summary Judgment by Defendant Nash Engineering Company Motion Hearing set for 12/16/2014 09:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 12/1/2014 Reply to Response to Motion due by 12/5/2014. filed by The Nash Engineering Company. (Attachments: #1 Declaration, #2 Exhibit(s) A-Summons & Complaint, #3 Exhibit(s) Ex B-Notice of Removal, #4 Exhibit(s) Ex C-Answer, #5 Exhibit(s) Ex D-Chart, #6 Memorandum of Law, #7 Proposed Order/Judgment, #8 Affidavit) (Gernant, Eric)
November 4, 2014	Filing 220 MOTION for Summary Judgment by Defendant Tate Andale, Inc Motion Hearing set for 12/16/2014 09:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 12/1/2014 Reply to Response to Motion due by 12/5/2014. filed by Tate Andale, Inc.. (Attachments: #1 Declaration, #2 Exhibit(s) A-S&C, #3 Exhibit(s) B-Notice of Removal, #4 Exhibit(s) C-Answer, #5 Exhibit(s) D-Chart, #6 Exhibit(s) E-PID, #7 Memorandum of Law, #8 Proposed Order/Judgment, #9 Affidavit) (Gernant, Eric)
October 29, 2014	Filing 219 STIPULATION AND ORDER OF DISMISSAL as to Troy Belting and Supply Co. re #218 Stipulation of Dismissal filed by Troy Belting and Supply Co. Signed by U.S. District Judge Mae A. D'Agostino on 10/29/14. (ban)
October 28, 2014	Filing 218 STIPULATION of Dismissal with prejudice dismissing all claims and cross-claims only as to defendant Troy Belting and Supply Company by Troy Belting and Supply Co. submitted to Judge Mae A. D'Agostino. (Cecere, Frank)
October 22, 2014	Filing 217 STIPULATION AND ORDER OF DISMISSAL as to Syracuse Supply Company re #216 Stipulation of Dismissal filed by Syracuse Supply Co. Signed by U.S. District Judge Mae A. D'Agostino on 10/22/14. (ban)
October 22, 2014	Filing 216 STIPULATION of Dismissal WITH PREJUDICE AS TO ALL CLAIMS by Syracuse Supply Co. submitted to Judge Mae A. D'Agostino. (Schlosser, Brian)
October 7, 2014	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 10/7/2014. A further deposition of the plaintiff was completed on 9/18/2014. Attorney Vega discusses a discovery dispute with the court. Judge set a briefing schedule as follows: Defendants' brief is due by 11/7/2014, plaintiff's brief is due by 12/5/2014, and an on-the-record telephone conference is set for 12/17/2014 at 10:00 AM. Attorney Vega is directed to initiate the call to Chambers. Judge directs that only the attorneys who would like to be heard regarding this dispute are required to participate in this on-the-record telephone conference set for 12/17/2014. Plaintiffs' counsel indicates that some of the defendants may be able to be dismissed from this action and he is looking into this further. Next status telephone conference is set for 2/10/2015 at 3:30 PM. Plaintiffs' counsel is directed to initiate the call to Chambers. Time: 3:00 PM - 3:20 PM. APP: Keith Binder, Esq., Tara Pehush, Esq., Maria Carlucci, Esq., Dennis Vega, Esq., Amy Zumsteg, Esq., Joseph DiGregorio, Esq., Richard Plochocki, Esq., and Thomas Wilkinson, Esq.. (sal, )
October 7, 2014	Set Hearings: A Status Telephone Conference is set for 2/10/2015 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, )
September 29, 2014	Filing 215 Letter Motion from Andrew J. Scholz for Stihl Incorporated requesting Requesting to cancel this Wednesdays telephonic conference submitted to Judge Hon. David E. Peebles . (Scholz, Andrew)
September 29, 2014	TEXT ORDER granting #215 Letter Request. The telephone conference currently scheduled for 10/1/14 at 11:00 a.m. is cancelled. Authorized by Magistrate Judge David E. Peebles on 9/29/14. (cam, )
September 18, 2014	CLERK'S CORRECTION OF DOCKET ENTRY re #210 Notice of Appearance. Edited docket to reflect attorney appears on behalf of Crane Co. and linked attorney to defendant. (dpk)
September 17, 2014	Filing 214 STIPULATION AND ORDER Of Discontinuance as to Goulds Pumps, Inc., ONLY. Signed by U.S. District Judge Mae A. D'Agostino on 9/17/14. (ban)
September 17, 2014	Filing 213 NOTICE of Appearance by Annmarie Giblin on behalf of Warren Pumps LLC (Giblin, Annmarie)
September 17, 2014	Filing 212 NOTICE of Appearance by Annmarie Giblin on behalf of Imo Industries Inc. (Giblin, Annmarie)
September 17, 2014	Filing 211 Letter Motion filed by Susan E. Van Gelder, Esq. for Goulds Pumps, Inc. requesting Discontinuance with prejudice as to Goulds Pumps, Inc. ONLY. Submitted to Judge Mae A. D'Agostino. (Attachments: #1 Proposed Stipulation of Discontinuance)(mc)
September 17, 2014	Filing 210 NOTICE of Appearance by Tara Pehush on behalf of Crane Co. (Pehush, Tara) Modified on 9/18/2014 (dpk)
September 17, 2014	Set/Reset Hearings: Due to a conflict in Attorney Binder's calendar, the telephone conference scheduled for 9/25/14 at 2:30 pm has been rescheduled to 10/1/14 at 11:00 a.m. Attorney Scholz will initiate the call. (cam, )
September 17, 2014	Clerk emailed a copy of the #211 Letter Motion to Attorney Bethany G. Lukitsch as there was an error with her account. It has since been fixed and should receive notification of all further filings. (mc)
September 16, 2014	Filing 209 TEXT ORDER striking #208 Letter Request. This document is being stricken as being inconsistent with this court's local rules. A telephone conference has been scheduled for 9/25/14 at 2:30 pm before Magistrate Judge David E. Peebles. Attorney Scholtz is asked to initiate the call by either providing a call-in number or contacting chambers at (315) 234-8620 after all the parties are on the call. NO FURTHER SUBMISSIONS will be accepted by the court prior to that conference call. Authorized by Magistrate Judge David E. Peebles on 9/16/14. (cam, )
September 15, 2014	Filing 208 STRICKEN PER 209 TEXT ORDER Letter Motion from Goldberg Segalla to Judge Peebles Requesting Discovery Motion Related Conference for Stihl Incorporated requesting Discovery Conference submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Scholz, Andrew) Modified on 9/16/2014 (sal, ).
September 9, 2014	Filing 207 ORDER granting #198 Motion. ORDERED that Plaintiff Robert Osterhout's deposition is hereby reopened, and the GE Defendants are granted permission to conduct a further deposition of plaintiff Osterhout, not to exceed four hours in total, absent agreement of all parties to further extend the deposition. Signed by Magistrate Judge David E. Peebles on 9/9/2014. (dpk)
September 5, 2014	Minute Entry for proceedings held before Magistrate Judge David E. Peebles; Motion Hearing held on 9/5/2014; App: K. Binder, Esq., for Pltf; K. Walsh, D. Vega, D. Kisyk, A. DiGiglio, M. Carlucci, H. Zimmerman, A. Scholz, T. Wilkinson, Esqs., for Defts; Court Reporter: V. Theleman; Attys Binder and Vega are heard re: #198 MOTION to Reopen Plaintiff's Deposition; Court GRANTS the motion. The Pltf's deposition is not to exceed 4 hours. Court to issue a written decision. (amt)
September 3, 2014	Filing 206 AFFIDAVIT in Opposition re #198 MOTION to Reopen Plaintiff's Deposition (Supplemental Affirmation in Further Opposition) filed by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Exhibit(s) Affirmation of John Poggi, M.D.)(Binder, Keith)
August 22, 2014	Filing 205 CERTIFICATE OF SERVICE of Amendment to Crane Co.'s Rule 26 Disclosure (Kozin, Nicole)
August 19, 2014	Filing 204 CERTIFICATE OF SERVICE by Pearl Osterhout, Robert Osterhout re #203 Affidavit in Opposition to Motion, (Binder, Keith)
August 19, 2014	Filing 203 AFFIDAVIT in Opposition re #198 MOTION to Reopen Plaintiff's Deposition filed by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Memorandum of Law)(Binder, Keith)
August 15, 2014	Filing 202 DECISION AND ORDER denying #189 Appeal of Magistrate Judge Decision to District Court: and the Court further ORDERS that Magistrate Judge Peebles' June 20, 2014 Order is AFFIRMED. Signed by U.S. District Judge Mae A. D'Agostino on 8/15/14. (ban)
August 13, 2014	Filing 201 ORDER. The confidentiality stipulation, Dkt. No. #200 , executed by counsel is approved subject to certain qualifications. Signed by Magistrate Judge David E. Peebles on 8/13/2014. (lah)
August 6, 2014	Filing 200 STIPULATION by Stihl Incorporated submitted to Judge Peebles. (Attachments: #1 Proposed Order/Judgment Stipulated Order of Confidentiality, #2 Exhibit(s) A)(Scholz, Andrew)
August 6, 2014	Filing 199 TEXT ORDER granting #193 Motion for Limited Admission Pro Hac Vice of Bethany Gayle Lukitsch for Stihl Incorporated. Authorized by Magistrate Judge David E. Peebles on 8/6/14. (sal, )
August 4, 2014	TEXT NOTICE of Rescheduling Hearing on Motion #198 to Reopen Plaintiff's Deposition : Response to Motion remains due by 8/19/2014. The Motion Hearing remains set for 9/5/2014, however, the time is changed to 12:30 PM in Binghamton before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL HEARD AND APPEARANCES ARE REQUIRED. (sal, )
August 1, 2014	Filing 198 MOTION to Reopen Plaintiff's Deposition Motion Hearing set for 9/5/2014 02:00 PM in Binghamton before Magistrate Judge David E. Peebles Response to Motion due by 8/19/2014 filed by CBS Corporation, Foster Wheeler LLC, and General Electric. (Attachments: #1 Affirmation, #2 Memorandum of Law, #3 Certificate of Service, #4 Exhibit(s) 1, #5 Exhibit(s) 2, #6 Exhibit(s) 3, #7 Exhibit(s) 4, #8 Exhibit(s) 5, #9 Exhibit(s) 6) Motions referred to David E. Peebles. (Straus, Matthew) Modified on 8/4/2014 to include GE as filing party (sal, ).
August 1, 2014	Filing 197 CERTIFICATE OF SERVICE by Pearl Osterhout, Robert Osterhout re #196 Response in Opposition to Motion, (Binder, Keith)
August 1, 2014	Filing 196 RESPONSE in Opposition re #189 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by CBS Corporation, Foster Wheeler LLC re #185 Order on Letter Request filed by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Exhibit(s) Judge Peebles Ruling, #2 Exhibit(s) Transcript of Hearing on 6-18-14, #3 Memorandum of Law)(Binder, Keith)
July 31, 2014	Filing 195 CERTIFICATE OF SERVICE by Stihl Incorporated re #194 Answer to Crossclaim (Scholz, Andrew)
July 31, 2014	Filing 194 ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Crossclaim, #39 Answer to Complaint, Crossclaim, #22 Answer to Complaint, Crossclaim,, #101 Answer to Complaint, Crossclaim, #72 Answer to Complaint, Crossclaim, #162 Answer to Complaint, Crossclaim , ANSWER to #98 Answer to Complaint, Crossclaim, #63 Answer to Complaint, Crossclaim, #161 Answer to Complaint, Crossclaim, #85 Answer to Complaint, Crossclaim, #84 Answer to Complaint, Crossclaim, #12 Answer to Complaint, Crossclaim, #166 Answer to Complaint, Crossclaim, #164 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim,, #99 Answer to Complaint, Crossclaim, #20 Answer to Complaint, Crossclaim,,,,,,,, #36 Answer to Complaint, Crossclaim, #131 Answer to Complaint, Crossclaim, #67 Answer to Complaint, Crossclaim, #26 Answer to Complaint, Crossclaim, #32 Answer to Complaint, Cr
July 28, 2014	Filing 193 MOTION for Limited Admission Pro Hac Vice of Bethany Gayle Lukitsch Filing fee $100, receipt number 0206-3006155. filed by Stihl Incorporated. (Attachments: #1 Proposed Order/Judgment, #2 Affidavit Affidavit of Sponsor, #3 Petition of Bethany Gayle Lukitsch for Admission Pro Hac Vice, #4 Exhibit(s) Exhibit A - Certificate of Good Standing) Motions referred to David E. Peebles. (Scholz, Andrew) (Additional attachment(s) added on 8/6/2014: #5 Certificate of Good Standing, #6 E-Filing Registration, #7 Oath on Admission) (lah, ).
July 28, 2014	Filing 192 CERTIFICATE OF SERVICE by G.H. Miner Co., Inc. Service of G.H. Miner Co., Inc.'s Responses to Plaintiffs First Set of Interrogatories and Document Requests to All Defendants (DiMarco, Erik)
July 21, 2014	Filing 191 STIPULATION AND ORDER Of Discontinuance as to Sears, Roebuck and Co.. Signed by U.S. District Judge Mae A. D'Agostino on 7/21/14. (ban)
July 17, 2014	Filing 190 STIPULATION of Dismissal by Sears, Roebuck & Co. submitted to Judge David E. Peebles. (Schaffer, David)
July 9, 2014	TEXT NOTICE of Hearing on Motion re #189 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by CBS Corporation, Foster Wheeler LLC re #185 Order on Letter Request : The Motion Hearing is set for 8/19/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 8/4/2014. (ban)
July 7, 2014	Filing 189 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by CBS Corporation, Foster Wheeler LLC re #185 Order on Letter Request (Attachments: #1 Affirmation, #2 Ex 1 _ Peebles June 20 2014 Order, #3 Ex 2_April 24, 2014 Deposition Notice, #4 Ex 3_Ltr to Magistrate Peebles req Teleconference 08May2014, #5 Ex 4_May 9 2014 Text Order of Judge Peebles, #6 Ex 5_Levy Letter to Judge Peebles dated May 12 2014, #7 Ex 6_May 13 2014 Text Order of Judge Peebles, #8 Ex 7_Ltr to Judge Peebles in Response to Levy Ltr_May 27 2014)(Vega, Dennis)
July 2, 2014	Filing 188 STIPULATION AND ORDER of DISCONTINUANCE Against Cameron International, Only. Cameron International terminated. Signed by U.S. District Judge Mae A. D'Agostino on 7/2/14. (ban)
July 1, 2014	Filing 187 STIPULATION of Dismissal Stipulation of Discontinuance Against Cameron International Corporation Only & Letter by Cameron International submitted to Judge Mae D'Agostino. (Garry, Steven)
July 1, 2014	Filing 186 TRANSCRIPT of Proceedings: Motion Hearing held on 6/18/2014 before Judge Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2014. Redacted Transcript Deadline set for 8/1/2014. Release of Transcript Restriction set for 9/29/2014. Notice of Intent to Redact due by 7/7/2014 (etm, )
June 20, 2014	Filing 185 ORDER denying without prejudice #157 Letter Request Re: video admissibility and clarifying the May 9, 2014 Text Order. Signed by Magistrate Judge David E. Peebles on 6/20/14. (tab)
June 18, 2014	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 6/18/2014 re #157 Letter Motion from Keith W. Binder for Pearl Osterhout, Robert Osterhout requesting (1) an order declaring that Robert Osterhout's May 8th Video Deposition is admissible against all defendants; and (2) a clarification of the Court' filed by Pearl Osterhout, Robert Osterhout: After hearing oral argument from counsel, Judge DENIES plaintiff's #157 letter motion without prejudice to renew before District Judge D'Agostino in a motion in limine for admissibility at the time of trial. Judge permits counsel to file a motion to compel a further deposition, if deemed necessary. A written decision memorializing this bench ruling will be issued shortly. APP: Keith Binder, Esq. for Pltf.; Dennis Vega, Esq. for Defts. Foster Wheeler, GE & CBS Corp.; and Andrew Scholtz, Esq. for Deft. Stihl Inc.. Also present are Kevin Walsh, Esq. for Deft. Air & Liquid; Lauren Seiter, Esq. local counsel for Defts. Crane Co., Crane Pumps & Systems, and Ruggles-Klingeman Manufacturing Co.; Maria Carlucci, Esq. for Deft. FMC Corp.; Dennis Kisik, Esq. for Defts. G.H. Miner Co, Homelite Consumer Products, Carrier Corp., and Todd Shipyards; Lisa Marie Robinson, Esq. for Deft. Gould Pumps, Inc.; Amy Zumsteg, Esq. for Defts. IMO & Warren Pumps; David Shaffer, Esq. for Deft. Sears, Roebuck; Brian Scholsser, Esq. for Deft. Syracuse Supply Co., Richard Plochocki, Esq. for Defts. Tate-Andale, The Nash Engineering Co. & Weir Valves & Controls USA, Inc.; and Thomas Wilkinson, Esq. for Deft. Troy Belting & Supply Co.. (Court Reporter Eileen McDonough) (sal, )
June 5, 2014	Filing 184 NOTICE of Appearance by Brian S. Schlosser on behalf of Syracuse Supply Co. (Attachments: #1 Certificate of Service)(Schlosser, Brian)
June 2, 2014	Filing 183 STIPULATION AND ORDER Of Discontinuance as to Johnson Controls, Inc., Only. Signed by U.S. District Judge Mae A. D'Agostino on 6/2/14. (ban)
June 2, 2014	Filing 182 CERTIFICATE OF SERVICE to Ruggles-Klingemann Manufacturing Co.'s Objections and Responses to Plaintiff's First Set of Interrogatories and Document Requests (Kozin, Nicole)
June 2, 2014	Filing 181 CERTIFICATE OF SERVICE to Crane Co.'s Objections and Responses to Plaintiff's First Set of Interrogatories and Document Requests (Kozin, Nicole)
June 2, 2014	Filing 180 STIPULATION of Discontinuance submitted to Judge Mae A. D'Agostino. (Attachments: #1 Affidavit Certificate of Service)(Riemer, Jason)
May 30, 2014	Filing 179 MEMORANDUM-DECISION AND ORDER denying #128 Motion to Remand to State Court. Signed by U.S. District Judge Mae A. D'Agostino on 5/30/14. (ban)
May 27, 2014	Filing 178 RESPONSE in Opposition to #157 Letter Brief by Stihl Incorporated . (Scholz, Andrew) Modified on 5/28/2014 to indicate this is a response in opposition (sal, ).
May 27, 2014	Filing 177 RESPONSE TO #157 LETTER BRIEF filed by CBS Corporation, Foster Wheeler LLC as to Notice of Hearing on Motion,, . (Attachments: #1 EXhibit 1 _ Portions of Osterhout deposition of May 8 2014)(Vega, Dennis) Modified on 5/28/2014 to link it to a document (sal, ).
May 23, 2014	Filing 176 CERTIFICATE OF SERVICE re #167 Answer to Complaint (Richman, David)
May 21, 2014	Filing 175 Stipulation and ORDER OF DISCONTINUANCE with Prejudice as to Defendant Union Carbide Corporation, Only re #174 Stipulation of Dismissal filed by Union Carbide Corp. Signed by U.S. District Judge Mae A. D'Agostino on 5/21/14. (ban)
May 21, 2014	TEXT NOTICE of Rescheduling Hearing on #157 Letter Motion from Keith W. Binder for Pearl Osterhout, Robert Osterhout requesting (1) an order declaring that Robert Osterhout's May 8th Video Deposition is admissible against all defendants: Defendants' Response to this Motion remains due by 5/27/2014. Due to a conflict w/ Magistrate Judge Peebles' schedule the Motion Hearing set for 6/10/2014 at 11:00 AM is rescheduled for 6/18/2014 at 11:00 AM in Syracuse, 10th Floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED.(sal, )
May 19, 2014	Filing 174 STIPULATION of Dismissal with Prejudice by Union Carbide Corp. submitted to Judge Mae A. D'Agostino. (Statman, Eric)
May 16, 2014	Filing 173 ANSWER to complaint, with Crossclaim against all other defts, and jury demand, filed by Cameron International.(Garry, Steven)
May 16, 2014	Filing 172 Stipulation and ORDER OF DISMISSAL with prejudice as to FISHER CONTROLS INTERNATIONAL LLC re #170 Stipulation of Dismissal filed by Fisher Controls International. Signed by U.S. District Judge Mae A. D'Agostino on 5/16/14. (ban)
May 16, 2014	Filing 171 STATUS REPORT of Defts Cameron International and Echo Incorporated by Pearl Osterhout, Robert Osterhout. (Binder, Keith)
May 16, 2014	Filing 170 STIPULATION of Dismissal by Fisher Controls International. (Attachments: #1 Proposed Order/Judgment)(Hagerty, Thomas)
May 15, 2014	Filing 169 ORDER of Dismissal as to Defendant ECHO, INCORPORATED #168 Stipulation of Dismissal filed by Pearl Osterhout, Robert Osterhout. Signed by U.S. District Judge Mae A. D'Agostino on 5/15/14. (ban)
May 15, 2014	Filing 168 STIPULATION of Dismissal as to Defendant ECHO, INCORPORATED by Pearl Osterhout, Robert Osterhout submitted to Judge Mae A. D'Agostino. (Binder, Keith)
May 15, 2014	Filing 167 ANSWER to Complaint by Syracuse Supply Co..(Richman, David)
May 14, 2014	Filing 166 ANSWER to Complaint , CROSSCLAIM against co-defendants, and ANSWER to co-defendants' crossclaims by FMC Corp. (Hannan, Christopher)
May 14, 2014	Filing 165 CERTIFICATE OF SERVICE re #164 Answer to Complaint, Crossclaim (Gernant, Eric)
May 14, 2014	Filing 164 ANSWER to Complaint , CROSSCLAIM against All Defendants by Tate Andale, Inc., ANSWER to all crossclaims of co-defendants, and jury demand .(Gernant, Eric)
May 14, 2014	Filing 163 CERTIFICATE OF SERVICE by Weir Valves & Controls USA, Inc. re #162 Answer to Complaint, Crossclaim (Gernant, Eric)
May 14, 2014	Filing 162 ANSWER to Complaint , CROSSCLAIM against co-Defendants by Weir Valves & Controls USA, Inc., ANSWER to crossclaims of other defts, and jury demand.(Gernant, Eric)
May 14, 2014	Filing 161 Troy Belting and Supply Company Verified ANSWER to Complaint , answer to other defts' crossclaims, and CROSSCLAIM against co-Defendants by Troy Belting and Supply Co. (Cecere, Frank)
May 14, 2014	Filing 160 ANSWER to Complaint by Crane Pumps & Systems, Inc., w/crossclaim against other defts.(Cottle, Eric)
May 13, 2014	Filing 159 TEXT ORDER: During the Telephone Conference conducted before me on 3/10/2014, the court advised counsel that any party who filed an answer in state court must also file the document in this action, if not already accomplished. See Text Minute Entry dated 03/10/2014. The court again reminded counsel of this requirement during the Rule 16 Conference conducted on 4/3/2014. According to the docket sheet, defendants Weir Valves & Controls and Tate Andale, Inc. have filed answers in state court, but have not yet filed the documents in this action. See Dkt. No. #76 . Additionally, defendants Crane Pumps & Systems, Inc., FMC Corp., Johnson Controls, Syracuse Supply, and Troy Belting and Supply Co. have not yet filed answers in this case. Counsel for the above referenced defendants are directed to file an answer in this action on or before 5/16/2014. With respect to defendants Cameron International and Echo Incorporated, these parties have not yet answered the complaint nor have they appeared through counsel. Plaintiff's counsel is directed to file a status report as to defendants Cameron International and Echo Incorporated on or before 5/16/2014. The #128 motion to remand to state court or in the alternative for partial summary judgment is currently pending before District Judge Mae A. D'Agostino and the answers must be filed by the above referenced defendants to make the record before the court complete. Authorized by Magistrate Judge David E. Peebles on 5/13/14. (sal, )
May 13, 2014	Filing 158 NOTICE of Appearance by Jessica J. Burgasser on behalf of Air & Liquid Systems Corporation (Burgasser, Jessica)
May 13, 2014	TEXT NOTICE of Hearing on #157 Letter Motion from Keith W. Binder for Pearl Osterhout, Robert Osterhout requesting (1) an order declaring that Robert Osterhout's May 8th Video Deposition is admissible against all defendants: Defendants' Response to this Motion is due by 5/27/2014. A Motion Hearing is set for 6/10/2014 at 11:00 AM in Syracuse, 10th Floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. Additionally, plaintiffs' counsel should note that, pursuant to Local Rule 7.1(b)(2), he must obtain prior permission from the court before filing any future non-dispositive motions. (sal, )
May 12, 2014	Filing 157 Letter Motion from Keith W. Binder for Pearl Osterhout, Robert Osterhout requesting (1) an order declaring that Robert Osterhout's May 8th Video Deposition is admissible against all defendants; and (2) a clarification of the Court's May 9th Text Order; submitted to Judge David E. Peebles . (Binder, Keith)
May 9, 2014	Filing 156 STIPULATION AND ORDER OF DISCONTINUANCE WITH PREJUDICE AGAINST DEFENDANT ARMSTRONG INTERNATIONAL, INC. ONLY re #153 Stipulation of Dismissal filed by Armstrong International, Inc.. Signed by U.S. District Judge Mae A. D'Agostino on 5/9/14. (ban)
May 9, 2014	Filing 155 TEXT ORDER: The #154 letter request filed by Dennis Vega, Esq. on behalf of defendants CBS Corporation, Foster Wheeler LLC, and General Electric Company for a telephone conference is DENIED. The court has made no ruling regarding the admissibility of plaintiff's deposition at trial. The decision of whether plaintiffs deposition can be received into evidence at trial in the event of his unavailability will be determined by the trial judge pursuant to FRCP32(a). Under that rule, if counsel for a party was not represented and did not have reasonable notice that the deposition was taking place, then under Rule 32(a) the deposition cannot be offered against that party. Moreover, as it was previously noted to counsel in this matter, the court will allow a follow-up deposition of the plaintiff after the exchange of discovery. Authorized by Magistrate Judge David E. Peebles on 5/9/14. (sal, )
May 8, 2014	Filing 154 Letter Motion from Dennis E. Vega for CBS Corporation, Foster Wheeler LLC, General Electric Company requesting Conference Call submitted to Judge Peebles . (Vega, Dennis)
May 8, 2014	Filing 153 STIPULATION of Dismissal with Prejudice by Armstrong International, Inc. submitted to Judge Hon. Mae A. D'Agostino. (Beneventano, Thomas)
May 6, 2014	Filing 152 TEXT ORDER denying #151 Letter Request seeking leave to file Sur-Reply: Defendant Crane Co.'s request for Leave to File a Sur-Reply on the #128 Motion to Remand is DENIED. The Sur-Reply [151-1] will not be considered. The motion is fully briefed and no further filings will be considered by the Court. Signed by U.S. District Judge Mae A. D'Agostino on 5/6/14. (ban)
May 5, 2014	Filing 151 Letter Motion from Eric R.I. Cottle for Crane Co. requesting Leave to File Sur-Reply submitted to Judge Judge Mae A. D'Agostino . (Attachments: #1 Crane Co.'s Sur-Reply to Plaintiffs' Reply in Support of Motion to Remand, or in the Alternative, for Partial Summary Judgment Striking Defendants' Government Contractor Defense, #2 Certificate of Service, #3 Affidavit, #4 Exhibit(s) A, #5 Exhibit(s) B, #6 Exhibit(s) C)(Cottle, Eric)
April 29, 2014	Filing 150 RESPONSE in Opposition re #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense SUPPLEMENTAL AUTHORITY IN SUPPORT OF OPPOSITION TO MOTION TO REMAND filed by CBS Corporation, Foster Wheeler LLC, General Electric Company. (Attachments: #1 Exhibit 1 Leite (9th Cir Favoring GC Defense), #2 Exhibit 2 Leite (D Hawaii), #3 Exhiibt 3 Thompson, #4 Certification of Service)(Tanenbaum, Michael)
April 28, 2014	Filing 149 AFFIDAVIT OF COMPLIANCE WITH BCL 307 UPON STIHL INCORPORATED by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Exhibit(s) ExA, #2 Exhibit(s) ExB, #3 Exhibit(s) ExC)(Binder, Keith)
April 25, 2014	Filing 148 CERTIFICATE OF SERVICE by Pearl Osterhout, Robert Osterhout re #145 Reply to Response to Motion, #146 Memorandum of Law, (Binder, Keith)
April 25, 2014	Filing 147 TEXT ORDER denying #134 Plaintiff's Letter Request for Oral Argument on the #128 Motion for Remand and Alternatively for Partial Summary Judgment: The Plaintiff's request for Oral Argument on the #128 Motion to Remand is DENIED. The motion will be decided on the submission of the papers only. No personal appearances are necessary. Signed by U.S. District Judge Mae A. D'Agostino on 4/25/2014. (ban)
April 25, 2014	Filing 146 Reply MEMORANDUM OF LAW in further support of the #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense #145 Reply to Response to Motion, filed by Pearl Osterhout, Robert Osterhout. (Binder, Keith)
April 25, 2014	Filing 145 REPLY to Response to Motion re #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense filed by Pearl Osterhout, Robert Osterhout. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5, #6 Exhibit(s) Exhibit 6)(Binder, Keith)
April 25, 2014	TEXT NOTICE to Attorney Binder, re: #145 Reply to Response to Motion and #146 Reply Memorandum of Law. Please electronically file proof of service of the above document. (see)
April 22, 2014	Filing 144 STATEMENT OF MATERIAL FACTS re #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense filed by CBS Corporation, Foster Wheeler LLC, General Electric Company. (Attachments: #1 Cert of Service of Counter Statement of Material Facts)(Tanenbaum, Michael)
April 22, 2014	Filing 143 AFFIDAVIT/Certification of Service as to the #142 Memorandum of Law, #140 Affidavit in Opposition to Motion, #141 Affidavit in Opposition to Motion by CBS Corporation, Foster Wheeler LLC, General Electric Company. (Tanenbaum, Michael)
April 22, 2014	TEXT NOTICE to Attorneys Kozin and Tanenbaum, re: #136 Memorandum of Law, #138 Memorandum of Law, #140 Affidavit in Opposition to Motion, #141 Affidavit in Opposition to Motion, and #142 Amended Memorandum of Law.The responses did not contain the required statement of material facts. Please electronically file this missing document ASAP. (see)
April 22, 2014	TEXT NOTICE to Attorney Tanenbaum, re: #142 Amended Memorandum of Law, #140 Affidavit in Opposition to Motion, and #141 Affidavit in Opposition to Motion. Please electronically file proof of service of the above documents. (see)
April 21, 2014	Filing 142 Amended MEMORANDUM OF LAW in Opposition to #128 Motion to Remand to State Court #138 Memorandum of Law, #140 Affidavit in Opposition to Motion #141 Affidavit in Opposition to Motion filed by CBS Corporation, Foster Wheeler LLC, General Electric Company. (Tanenbaum, Michael)
April 21, 2014	Filing 141 AFFIDAVIT of Michael Tanenbaum in Opposition re #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense filed by CBS Corporation, Foster Wheeler LLC, General Electric Company. (Attachments: #1 Ex 15 Foreman Affidavit, #2 16 Moore Trial Testimony_Part1, #3 16 Moore Trial Testimony_Part2, #4 16 Moore Trial Testimony_Part3, #5 Ex 17 Lowell Testimony in Cararo_Part1, #6 Ex 17 Lowell Testimony in Cararo_Part2, #7 Ex 17 Lowell Testimony in Cararo_Part3, #8 Ex 17 Lowell Testimony in Cararo_Part4, #9 Ex 17 Lowell Testimony in Cararo_Part5, #10 Ex 18 Wright Order, #11 Ex 19 Reaser Order (1), #12 Ex 20 LehmanDep March2005_Part1, #13 Ex 20 LehmanDep March2005_Part2, #14 Ex 20 LehmanDep March2005_Part3, #15 Ex 21 RUPPEL, #16 Ex 22 Gates, #17 Ex 23 Albrecht, #18 Ex 24 Gordon, #19 Ex 25 Hasenberg, #20 Ex 26 Walkup (D.Del.), #21 Ex 27 Willis (s.d. Cal.), #22 Ex 28 Lewis (NJ), #23 Ex 29 Oconnel v FW case)(Tanenbaum, Michael)
April 21, 2014	Filing 140 AFFIDAVIT Of Michael Tanenbaum in Opposition re #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense filed by CBS Corporation, Foster Wheeler LLC, General Electric Company. (Attachments: #1 Ex 1 Hagen Memo, #2 Ex 2 Crews, #3 Ex 3 Perkins, #4 Ex 4 Shepherd (RI), #5 Ex 5 Summons & Complaint, #6 Ex 6 Shroppe March 10 2006, #7 Ex 7 Lehman July 12 2007 FW, #8 Ex 8 Betts Affidavit Sept 27 2006, #9 Ex 8 Betts Exhibits (Entire)_Part1, #10 Ex 8 Betts Exhibits (Entire)_Part2, #11 Ex 8 Betts Exhibits (Entire)_Part3, #12 Ex 8 Betts Exhibits (Entire)_Part4, #13 Ex 8 Betts Exhibits (Entire)_Part5, #14 Ex 8 Betts Exhibits (Entire)_Part6, #15 Ex 8 Betts Exhibits (Entire)_Part7, #16 Ex 8 Betts Exhibits (Entire)_Part8, #17 Ex 8 Betts Exhibits (Entire)_Part9, #18 Ex 9 Hobson October 17 2003, #19 Ex 10 Hobson February 4 2005, #20 Ex 11 Lehman Affidavit October 6 2004, #21 Ex 12 Betts Affidavit Feb 9, 2005, #22 Ex 13 Gates Affidavit Nov 23 2010, #23 Ex 14 part 1 Horne Affidavit, #24 Ex 14 part 2 Horne Affidavit, #25 Ex 14 part 3 Horne Affidavit, #26 Ex 14 part 4 Horne Affidavit, #27 Ex 14 part 5 Horne Affidavit)(Tanenbaum, Michael)
April 21, 2014	Filing 139 Stipulation and ORDER OF DISMISSAL AS TO VELAN VALVE CORP. re #137 Letter Motion. Velan Valve Corp. terminated. Signed by Magistrate Judge David E. Peebles on 4/21/14. (sal, )
April 21, 2014	Filing 138 MEMORANDUM OF LAW in Opposition to #128 Motion to Remand to State Court filed by CBS Corporation, Foster Wheeler LLC, and General Electric Company. (Attachments: #1 Certification of Service of Opposition) (Tanenbaum, Michael)
April 21, 2014	Filing 137 Letter Motion from Velan Valve Corp. for Velan Valve Corp. requesting Proposed Order of Dismissal to be So Ordered and filed with Stipulation of Discontinuace submitted to Judge Hon. David E. Peebles, US Magistrate Judge . (Toman, Thomas)
April 21, 2014	Filing 136 MEMORANDUM OF LAW in Opposition to #128 Motion to Remand to State Court,,,, filed by Crane Co.. (Attachments: #1 Certificate of Service, #2 Affidavit, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C)(Kozin, Nicole)
April 21, 2014	Filing 135 TEXT ORDER reserves on #134 Letter Request for Oral Arugment: The Court is in receipt of the letter from Plaintiffs' counsel requesting oral argument on #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgment Striking Defendants' Government Contractor Defense. The Court reserves decision on this request pending receipt and review of Defendants' papers in opposition to Plaintiffs' motion to remand. Signed by U.S. District Judge Mae A. D'Agostino on 4/21/2014. (ban)
April 17, 2014	Filing 134 Letter Request for Oral Argument re: Plaintiffs' Motion to Remand returnable 5-6-14 Letter Motion for Pearl Osterhout, Robert Osterhout submitted to Judge Mae D'Agostino by Plaintiffs' Counsel. (Binder, Keith)
April 15, 2014	TEXT NOTICE of Hearing on Motion re #128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgment Striking Defendants' Government Contractor Defense: The Motion Hearing is reset for 5/6/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 4/21/2014, Reply to Response to Motion due by 4/25/2014. (ban)
April 11, 2014	Filing 133 CERTIFICATE OF SERVICE by Stihl Incorporated re #131 Answer to Complaint, Crossclaim, Notice (Other) (Scholz, Andrew)
April 10, 2014	Filing 132 Stipulation and ORDER OF DISCONTINUANCE AGAINST AURORA PUMP COMPANY, ONLY re #130 Stipulation of Dismissal filed by Aurora Pump Company. Signed by U.S. District Judge Mae A. D'Agostino on 4/10/14. (ban)
April 9, 2014	Filing 131 ANSWER to Complaint , CROSSCLAIM against All Defendants by Stihl Incorporated.(Scholz, Andrew)
April 9, 2014	Filing 130 STIPULATION of Dismissal as to Aurora Pump Company by Aurora Pump Company submitted to Judge Hon. Mae A. D'Agostino. (Gleber, Erich)
April 9, 2014	TEXT NOTICE to Andrew Scholz, Esq. Please e-file a Certificate of Service re your Answer to Complaint with Crossclaims. (lah)
April 8, 2014	Filing 129 NOTICE of Appearance by Jason Riemer on behalf of Johnson Controls, Inc. (Riemer, Jason)
April 4, 2014	Filing 128 MOTION to Remand to State Court or in the Alternative for Partial Summary Judgemnt Striking Defendants' Government Contractor Defense Motion Hearing set for 5/6/2014 09:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 4/21/2014 Reply to Response to Motion due by 4/25/2014. filed by Robert Osterhout. (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Statement of Material Facts Statement of Material Facts, #3 Affidavit Affidavit of Keith Binder, #4 Exhibit(s) A, #5 Exhibit(s) B, #6 Exhibit(s) C, #7 Exhibit(s) D, #8 Exhibit(s) E, #9 Exhibit(s) F, #10 Exhibit(s) G, #11 Exhibit(s) Exhibit 1 to Arnold Moore Report, #12 Exhibit(s) Exhibit 2 to Arnold Moore Report, #13 Exhibit(s) Exhibit 3 to Arnold Moore Report, #14 Exhibit(s) Exhibit 4 to Arnold Moore Report, #15 Exhibit(s) Exhibit 5 to to Arnold Moore Report, #16 Exhibit(s) Exhibit 6 Part 1 to Arnold Moore Report, #17 Exhibit(s) Exhibit 6 Part 2 to Arnold Moore Report, #18 Exhibit(s) Exhibit 7 to Arnold Moore Report) (Binder, Keith)
April 4, 2014	Filing 127 Stipulation and ORDER OF DISMISSAL AS TO SPIRAX SARCO, INC. re #121 Letter Motion from Paula M. Eade Newcomb seeking stipulated orders of dismissal for Clark-Reliance Corp., Copes-Vulcan, Inc., Husqvarna U.S. Holding, Inc., Spirax Sarco, Inc. requesting Order of Dismissal. Spirax Sarco, Inc. terminated. Signed by U.S. District Judge Mae A. D'Agostino on 4/4/14. (ban)
April 4, 2014	Filing 126 Stipulation and ORDER OF DISMISSAL AS TO CLARK-RELIANCE CORP., individually and as successor in interest to JERGUSON GAGE & VALVE re #121 Letter Motion from Paula M. Eade Newcomb seeking stipulated orders of dismissal for Clark-Reliance Corp., Copes-Vulcan, Inc., Husqvarna U.S. Holding, Inc., Spirax Sarco, Inc.. Clark-Reliance Corp. terminated. Signed by U.S. District Judge Mae A. D'Agostino on 4/4/14. (ban)
April 4, 2014	Filing 125 Stipulation and ORDER OF DISMISSAL as to HUSQVARNA U.S. HOLDING, INC. re #121 Letter Request. Husqvarna U.S. Holding, Inc. terminated. Signed by U.S. District Judge Mae A. D'Agostino on 4/4/14. (ban)
April 4, 2014	Filing 124 Stipulation and ORDER of DISMISSAL as to COPES-VULCAN, INC. re #121 Letter Motion from Paula M. Eade Newcomb seeking stipulated orders of dismissal for Clark-Reliance Corp., Copes-Vulcan, Inc., Husqvarna U.S. Holding, Inc., Spirax Sarco, Inc. requesting Order of Dismissal. Signed by U.S. District Judge Mae A. D'Agostino on 4/4/14. (ban)
April 4, 2014	Filing 123 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 3 weeks. Preferred Trial Location: Albany. Joinder of Parties due by 8/25/2014. Amended Pleadings due by 8/25/2014. Fact Discovery due by 9/15/2014. Plaintiffs' expert report due by 10/30/2014. Plaintiffs' expert depositions must be completed by 12/15/2014. Defendants' expert report due by 1/30/2015. Defendants' expert depositions must be completed by 3/15/2015. Dispositive Motions to be filed by 3/30/2015. Signed by Magistrate Judge David E. Peebles on 4/4/14. (sal, ) (sal, )
April 4, 2014	Filing 122 TEXT ORDER Removing Case from Mandatory Mediation Program. Authorized by Magistrate Judge David E. Peebles on 4/4/14. (sal, )
April 4, 2014	Set/Reset Hearings: A Telephone Conference is set for 10/7/2014 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, )
April 3, 2014	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 4/3/2014. Plaintiff's deposition has been completed, however, another session may be necessary once certain records are obtained from counsel. Plaintiffs anticipate filing a motion to remand before District Judge D'Agostino by early next week. Judge excuses case from the mandatory mediation requirement. A Rule 26(c) Protective Order will be filed with the court shortly. A stipulation of dismissal may be filed as to certain defendants in this matter at a later time, however, the court agrees that, due to the number of parties, signatures by all parties will not need to be obtained and such party will be dismissed, together with the cross-claims against that party. Joinder and amendment deadlines are set for 8/25/2014. Fact discovery deadline is set for 9/15/2014. Plaintiffs' expert report is due by 10/30/2014. Plaintiffs' expert depositions must be completed by 12/15/2014. Defendants' expert reports are due by 1/30/2015. Defendants' expert depositions must be completed by 3/15/2015. The dispositive motion filing deadline is set for 3/30/2015. A jury trial date will be determined at a later date by District Judge D'Agostino and the trial is expected to last 3 weeks in Albany. Plaintiffs' counsel requested an expedited schedule, however, Judge Peebles denied this request since the schedule could not be tightened any further as this is an expert intensive case. TIME: 10:00 AM - 10:45 AM. APP: Kevin Binder, Esq., Kenneth Krajewski, Esq., Robert Gilmore, Esq., Andrew Dean, Esq., Steven Gary, Esq., Paula Eade Newcomb, Esq., Nicole Kozin, Esq., Thomas Hagerty, Esq. Maria Carlucci, Esq., Robert Gilmartin, Esq., Elizabeth Grogan, Esq., Lisa Marie Robinson, Esq., Chris Pusateri, Esq., Amy Zumsteg, Esq., Jason Riener, Esq., Gary DiGregorio, Esq., David Shaffer, Esq., Andrew Scholz, Esq., Eric Gernant, II, Esq., Thomas Wilkinson, Esq., Lynn Gates, Esq., and Thomas Toman, Esq.. No counsel present for defendants Syracuse Supply Co. and Echo, Inc.. (sal )
April 3, 2014	Filing 121 Letter Motion from Paula M. Eade Newcomb seeking stipulated orders of dismissal for Clark-Reliance Corp., Copes-Vulcan, Inc., Husqvarna U.S. Holding, Inc., Spirax Sarco, Inc. requesting Order of Dismissal . (Attachments: #1 Proposed Order/Judgment, #2 Proposed Order/Judgment, #3 Proposed Order/Judgment, #4 Proposed Order/Judgment, #5 Certificate of Service)(Eade-Newcomb, Paula)
April 2, 2014	Filing 120 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by FMC Corp.. (Hannan, Christopher)
April 2, 2014	Filing 119 NOTICE of Appearance by Christopher P. Hannan on behalf of FMC Corp. (Hannan, Christopher)
April 2, 2014	Filing 118 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Velan Valve Corp. identifying Corporate Parent Velan Inc. for Velan Valve Corp... (Toman, Thomas)
April 2, 2014	Filing 117 ANSWER to Complaint , CROSSCLAIM against all other defendants by Velan Valve Corp.(Toman, Thomas) Modified on 4/7/2014 (tab).
April 1, 2014	Filing 116 NOTICE of Appearance by Eric Statman on behalf of Union Carbide Corp. (Statman, Eric)
March 31, 2014	Filing 115 CIVIL CASE MANAGEMENT PLAN by Robert Osterhout. (Binder, Keith)
March 31, 2014	Filing 114 CIVIL CASE MANAGEMENT PLAN Letter by Stihl Incorporated. (Attachments: #1 Proposed Order/Judgment Case Management Plan)(Scholz, Andrew)
March 31, 2014	Filing 113 NOTICE of Appearance by Lisa Marie Robinson on behalf of Goulds Pumps, Inc. (Robinson, Lisa)
March 28, 2014	Filing 112 CERTIFICATE OF SERVICE by Trane US, Inc. re #101 Answer to Complaint, Crossclaim and Rule 7.1 Disclosure Statement (Nowak, James)
March 28, 2014	Filing 111 CERTIFICATE OF SERVICE by Ingersoll-Rand Company re #99 Answer to Complaint, Crossclaim and Rule 7.1 Disclosure Statement (Nowak, James)
March 28, 2014	Filing 110 CERTIFICATE OF SERVICE by Ruggles-Klingeman Manufacturing Co., Inc. to Rule 26(a)(1) Disclosure (Kozin, Nicole)
March 28, 2014	Filing 109 CERTIFICATE OF SERVICE by Crane Co. to Rule 26(a)(1) Disclosure (Kozin, Nicole)
March 27, 2014	Filing 108 TEXT SCHEDULING NOTICE: Chambers receive a call from counsel for defendant Crane requesting, at the consent of the parties, that they be granted a short extension to finalize and file the Civil Case Management Plan which is due today. Chambers granted that request and extended the deadline to submit the Civil Case Management Plan to 3/31/14. Authorized by Magistrate Judge David E. Peebles on 3/27/14. (cam, )
March 27, 2014	Filing 107 TEXT ORDER TO STRIKE re #105 Pretrial Disclosure Statement. Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials, such as, Mandatory Disclosures, Initial Written Discovery Demands, Interrogatories, Document Requests, unless the Court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the Court has not directed the filing of Discovery in this action, nor is the submission in support of a motion filed pursuant to Rule 37, neither discovery materials nor certificates of service regarding the same are to be filed with the Court. Authorized by Magistrate Judge David E. Peebles on 3/27/14. (sal, )
March 27, 2014	Filing 106 TEXT ORDER TO STRIKE #93 , #94 , #95 , AND #103 Pretrial Disclosure Statements. Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials, such as, Mandatory Disclosures, Initial Written Discovery Demands, Interrogatories, Document Requests, unless the Court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the Court has not directed the filing of Discovery in this action, nor is the submission in support of a motion filed pursuant to Rule 37, neither discovery materials nor certificates of service regarding the same are to be filed with the Court. Authorized by Magistrate Judge David E. Peebles on 3/27/14. (sal, )
March 27, 2014	Filing 105 STRICKEN PER TEXT ORDER ENTERED ON 3/27/14PRETRIAL DISCLOSURE STATEMENT. (Beneventano, Thomas) Modified on 3/27/2014 (sal, ).
March 27, 2014	Filing 104 CERTIFICATE OF SERVICE by Troy Belting and Supply Co. regarding Rule 26 Initial Disclosures (Cecere, Frank)
March 27, 2014	Filing 103 STRICKEN PER TEXT ORDER ENTERED ON 3/27/14PRETRIAL DISCLOSURE STATEMENT by Fisher Controls International. (Hagerty, Thomas) Modified on 3/27/2014 (sal, ).
March 27, 2014	Filing 102 CERTIFICATE OF SERVICE by The Nash Engineering Company (Gernant, Eric)
March 27, 2014	Filing 101 ANSWER to Complaint , CROSSCLAIM against All Defendants by Trane US, Inc.. (Attachments: #1 Rule 7.1 Disclosure Statement)(Nowak, James)
March 27, 2014	Filing 100 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by The Nash Engineering Company identifying Corporate Parent Nash Engineering Company (THE) for The Nash Engineering Company.. (Gernant, Eric)
March 27, 2014	Filing 99 ANSWER to Complaint , CROSSCLAIM against All Defendants by Ingersoll-Rand Company. (Attachments: #1 Rule 7.1 Disclosure Statement)(Nowak, James)
March 27, 2014	Filing 98 ANSWER to Complaint , CROSSCLAIM against All Defendants by The Nash Engineering Company.(Gernant, Eric)
March 27, 2014	Filing 97 CERTIFICATE OF SERVICE by Warren Pumps LLC for Rule 26 Disclosure (Zumsteg, Amy)
March 27, 2014	Filing 96 CERTIFICATE OF SERVICE by Imo Industries Inc. for Rule 26 Disclosure (Zumsteg, Amy)
March 27, 2014	Filing 95 STRICKEN PER TEXT ORDER ENTERED ON 3/27/14PRETRIAL DISCLOSURE STATEMENT by General Electric Company. (Vega, Dennis) Modified on 3/27/2014 (sal, ).
March 27, 2014	Filing 94 STRICKEN PER TEXT ORDER ENTERED ON 3/27/14PRETRIAL DISCLOSURE STATEMENT by Foster Wheeler LLC. (Vega, Dennis) Modified on 3/27/2014 (sal, ).
March 27, 2014	Filing 93 STRICKEN PER TEXT ORDER ENTERED ON 3/27/14PRETRIAL DISCLOSURE STATEMENT by CBS Corporation. (Vega, Dennis) Modified on 3/27/2014 (sal, ).
March 27, 2014	Filing 92 CERTIFICATE OF SERVICE by Union Carbide Corp. Federal Rule 26(a)(1)(A) (Yavitz, Judith)
March 26, 2014	Filing 91 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Fisher Controls International. (Hagerty, Thomas)
March 26, 2014	Filing 90 Deft Fisher Controls' ANSWER to complaint, answer to all cross-claims, and cross-claim against all co-defendants. (Hagerty, Thomas)
March 24, 2014	Filing 89 Sears, Roebuck and Co.'s VERIFIED ANSWER to Complaint , with ANSWER TO ALL CROSS CLAIMS and cross-claim against all other defts. (Schaffer, David)
March 20, 2014	Filing 88 TEXT ORDER Approving #86 Stipulation to extend the time for defendant Stihl Incorporated to answer, move, or otherwise respond to the complaint until 4/12/2014. Answer due date updated for Stihl Incorporated answer due 4/12/2014. Authorized by Magistrate Judge David E. Peebles on 3/20/14. (sal, )
March 20, 2014	Filing 87 DEMAND for Trial by Jury by Crane Co.. (Kozin, Nicole)
March 20, 2014	Filing 86 STIPULATION extending time to answer, move or otherwise respond to the complaint by Stihl Incorporated submitted to Judge Peebles. (Scholz, Andrew)
March 20, 2014	CLERK'S CORRECTION OF DOCKET ENTRY: The docket entry for the #61 FRCP 7.1 Corporate Disclosure Statement was modified to list the appropriate corporate parents. The corporate parents have now been correctly added to the action. (amt)
March 19, 2014	Filing 85 ANSWER to Complaint by deft Imo Industries, with answer to all crossclaims and , CROSSCLAIM against all co-defts. (Zumsteg, Amy)
March 19, 2014	Filing 84 ANSWER to Complaint by Warren Pumps, with answer to all crossclaims and CROSSCLAIM against all other defts.(Zumsteg, Amy)
March 19, 2014	Filing 83 DEMAND for Trial by Jury by Tate Andale, Inc.. (Gernant, Eric)
March 19, 2014	Filing 82 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tate Andale, Inc. identifying Corporate Parent Tate Andale, Inc. for Tate Andale, Inc... (Gernant, Eric)
March 19, 2014	Filing 81 CERTIFICATE OF SERVICE by Tate Andale, Inc. re Notice of Appearance (Gernant, Eric) Modified on 3/20/2014 to indicate this is a certificate of service (sal, ).
March 19, 2014	Filing 80 NOTICE of Appearance by Eric M. Gernant on behalf of Tate Andale, Inc. (Gernant, Eric)
March 19, 2014	Filing 79 CERTIFICATE OF SERVICE by Weir Valves & Controls USA, Inc. re Notice of Appearance (Gernant, Eric) Modified on 3/20/2014 to indicate this is a certificate of service. (sal, ).
March 19, 2014	Filing 78 DEMAND for Trial by Jury by Weir Valves & Controls USA, Inc.. (Gernant, Eric)
March 19, 2014	Filing 77 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Weir Valves & Controls USA, Inc. identifying Corporate Parent Atwood & Morrill Co., Inc. for Weir Valves & Controls USA, Inc... (Gernant, Eric)
March 19, 2014	Filing 76 NOTICE of Appearance by Eric M. Gernant on behalf of Weir Valves & Controls USA, Inc. (Gernant, Eric)
March 19, 2014	Filing 75 Notice of Appearance , (Gernant, Eric) (This document is a duplicate of #76, filed in error. To maintain a consistency in document number for this docket the duplicate filing has been modified in description, but will keep the assigned number) Modified on 3/26/2014 (tab).
March 18, 2014	Filing 74 Verified ANSWER to Complaint , CROSSCLAIM against All Plaintiffs by Air & Liquid Systems Corporation. (Attachments: #1 Certificate of Service)(Krajewski, Kenneth)
March 18, 2014	Filing 73 DEMAND for Trial by Jury by Goulds Pumps, Inc.. (Van Gelder, Susan)
March 18, 2014	Filing 72 ANSWER to Complaint , CROSSCLAIM against All Defendants by Goulds Pumps, Inc.. (Attachments: #1 Rule 7.1 Disclosure Statement)(Van Gelder, Susan)
March 18, 2014	Filing 71 Clark-Reliance Corporation solely as alleged successor to Jerguson Gage & Valve ANSWER to Complaint , with CROSSCLAIM against co-defendants other than Spirax Sarco, Inc. and Copes-Vulcan, Inc. (Eade-Newcomb, Paula) Modified on 3/21/2014 to add cross-claims defts (cbm ).
March 18, 2014	Filing 70 DEMAND for Trial by Jury by Clark-Reliance Corp.. (Eade-Newcomb, Paula)
March 18, 2014	Filing 69 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Clark-Reliance Corp.. (Eade-Newcomb, Paula)
March 18, 2014	Filing 68 NOTICE of Appearance by Paula M. Eade-Newcomb on behalf of Clark-Reliance Corp. (Eade-Newcomb, Paula)
March 18, 2014	Filing 67 Copes-Vulcan, Inc.'s ANSWER to Complaint , CROSSCLAIM against All Defendants by Copes-Vulcan, Inc..(Eade-Newcomb, Paula)
March 18, 2014	Filing 66 DEMAND for Trial by Jury by Copes-Vulcan, Inc.. (Eade-Newcomb, Paula)
March 18, 2014	Filing 65 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Copes-Vulcan, Inc.. (Eade-Newcomb, Paula)
March 18, 2014	Filing 64 NOTICE of Appearance by Paula M. Eade-Newcomb on behalf of Copes-Vulcan, Inc. (Eade-Newcomb, Paula)
March 18, 2014	Filing 63 Spirax Sarco, Inc.'s ANSWER to Complaint , CROSSCLAIM against All Defendants by Spirax Sarco, Inc..(Eade-Newcomb, Paula)
March 18, 2014	Filing 62 DEMAND for Trial by Jury by Spirax Sarco, Inc.. (Eade-Newcomb, Paula)
March 18, 2014	Filing 61 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Spirax Sarco, Inc. identifying Corporate Parent Sarco International Corporation, Spirax-Sarco Investments, LTD, and Spirax-Sarco Engineering, plc.(Eade-Newcomb, Paula) Modified on 3/20/2014 (amt).
March 18, 2014	Filing 60 NOTICE of Appearance by Paula M. Eade-Newcomb on behalf of Spirax Sarco, Inc. (Eade-Newcomb, Paula)
March 18, 2014	Filing 59 NOTICE of Appearance by David P. Schaffer on behalf of Sears, Roebuck & Co. (Schaffer, David)
March 17, 2014	Filing 58 ANSWER to Complaint , with CROSSCLAIM against co-defendants by John Crane, Inc. (Cooney, William)
March 17, 2014	Filing 57 Armstrong International Inc.'s ANSWER to Complaint , CROSSCLAIM against All Plaintiffs by Armstrong International, Inc..(Beneventano, Thomas)
March 14, 2014	Filing 56 NOTICE of Appearance by Thomas M. Beneventano on behalf of Armstrong International, Inc. (Beneventano, Thomas)
March 14, 2014	Filing 55 Verified ANSWER to Complaint with cross-claims against all co-defendants , filed by Ruggles-Klingeman Manufacturing Co., Inc. (Kozin, Nicole)
March 14, 2014	Filing 54 NOTICE by Air & Liquid Systems Corporation Defendant Air & Liquid Systems Corporation - Notice of Removal and Joinder in Notice of Removal of General Electric and Foster Wheeler, LLC (Attachments: #1 Exhibit(s) 1: Summons and Complaint, #2 Exhibit(s) 2: Kraft Affidavit, #3 Exhibit(s) 2A to Kraft Affidavit, #4 Exhibit(s) 2B to Kraft Affidavit, #5 Exhibit(s) 2C to Kraft Affidavit, #6 Exhibit(s) 3: Horne Affidavit, #7 Exhibit(s) 3A to Horne Affidavit, #8 Exhibit(s) 3B to Horne Affidavit, #9 Exhibit(s) 3C to Horne Affidavit, #10 Exhibit(s) 3D to Horne Affidavit, #11 Exhibit(s) 3E to Horne Affidavit, #12 Exhibit(s) 3F to Horne Affidavit, #13 Exhibit(s) 3G to Horne Affidavit, #14 Exhibit(s) 3H to Horne Affidavit, #15 Exhibit(s) 3I to Horne Affidavit, #16 Exhibit(s) 4: Forman Article)(Krajewski, Kenneth)
March 13, 2014	Filing 53 Letter from Eric M. Gernant, II stating that he will be filing a notice of appearance for the Nash Engineering Company, Tate Andale, Inc. and Weir Valves & Controls USA, Inc. (dpk)
March 12, 2014	Filing 52 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by John Crane, Inc. identifying Corporate Parent Smiths Group, PLC for John Crane, Inc... (Cooney, William)
March 12, 2014	Filing 51 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Crane Co.. (Cottle, Eric)
March 12, 2014	Filing 50 ANSWER to Complaint , CROSSCLAIM against co-defendants by John Crane, Inc. (Cooney, William)
March 12, 2014	Filing 49 NOTICE of Appearance by William A. Cooney on behalf of John Crane, Inc. (Cooney, William)
March 11, 2014	Filing 48 NOTICE of Appearance by Kenneth A. Krajewski on behalf of Air & Liquid Systems Corporation (Attachments: #1 Rule 7.1 Disclosure Statement, #2 Answer to Cross Claims of CoDefendants)(Krajewski, Kenneth)
March 11, 2014	Filing 47 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Stihl Incorporated. (Scholz, Andrew)
March 11, 2014	Filing 46 NOTICE of Appearance by Andrew J. Scholz on behalf of Stihl Incorporated (Scholz, Andrew)
March 11, 2014	Filing 45 NOTICE of Appearance by Thomas V. Hagerty on behalf of Fisher Controls International (Hagerty, Thomas)
March 10, 2014	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/10/2014. Notices of appearance have not yet been filed by a number of attorneys in this matter, since they are not admitted to practice in this district. Judge Peebles directs counsel to promptly complete the paperwork required in order to get this accomplished and start receiving ECF notifications in this action. Additionally, any party that has filed an answer in state court that is not currently on this court's docket sheet must file such document in this case. Plaintiffs contemplate filing a motion to remand, which should be made returnable before District Judge D'Agostino. Parties discuss an issue regarding plaintiff's deposition, which is currently set for March 12-14, 2014. Counsel for defendants Foster Wheeler, LLC, GE Company, and CBS Corp. indicate that they have not yet obtained all of the discovery documents needed in preparation of plaintiffs depositions and object to plaintiff's deposition going forward on March 12, 2014 as premature. After hearing argument from counsel, Magistrate Judge Peebles directs plaintiff's deposition to go forward as scheduled on March 12, 2014 given the plaintiff's condition and nature of illness. The court would most likely permit a follow-up deposition of the plaintiff after the parties have exchanged discovery, plaintiffs have provided complete sworn answers to interrogatories, and defendants have been able to secure plaintiff's medical and military records provided that plaintiff is medically capable to complete the deposition. The in-person Rule 16 Conference remains set for 4/3/2014 at 10:00 AM in Syracuse, NY before Magistrate Judge Peebles. APP: Jerome Block, Esq. and Keith Binder, Esq. for Pltfs.. Jessica Burgasser, Esq. for Deft. Air & Liquid, Robert Gilmore, Esq. for Deft. Armstrong Int'l., Lindsey Foster, Esq. for Aurora Pump Co., Paula Eade Newcomb, Esq. for Defts. Copes-Vulcan, Spirax Sarco, Inc., and Husqvqvarna U.S. Holding, Inc., Nicole Kozin, Esq. for Defts. Crane Co., Crane Pumps & Systems, and Ruggles-Klingeman Manufacturing Co., Thomas Hagerty, Esq. for Deft. Fisher Controls, Christopher Hannan, Esq. for Deft. FMC Corp., Dennis Vega, Esq. for Defts. Foster Wheeler, GE, and CBS Corp., Erik DiMarco, Esq. for Deft. G.H. Miner Co., Inc., Susan Van Gelder, Esq. for Deft. Goulds Pumps, Inc., Virginia Squitieri, Esq. for Deft. Homelite Consumer Products, Inc., Carrier Corp., and Todd Shipyards, Thomas A. Digati, Esq. for Deft. Ingersoll-Rand, Amy Zumsteg, Esq. for Defts. IMO & Warren Pumps, William Cooney, Esq., for Deft. John Crane, Inc., Brian Schlosser, Esq. for Deft. Syracuse Supply Co., Frederick Soller, Esq. for Deft. Troy Belting & Supply Co., Eric Statman, Esq. for Deft. Union Carbide Corp., Grace Demario, Esq. for Deft. Sears, Roebuck & Co., Timothy Coughlin, Esq. for Deft. Velan Valve Corp., and Gary Casimir, Esq. as court appointed defense liaison counsel for the 5th Judicial Circuit of New York assisting in the management of asbestos cases. Mr. Holand for Deft. Tate Andale and Mr. Kostrzewa for Johnson Controls, as well as a Mr. Fairbanks (representing a deft. in this action) were on the conference call, however, the court could not hear their first names and no notices of appearances have been filed by these attorneys on behalf of defendants. (sal )
March 10, 2014	Filing 44 NOTICE of Appearance by Susan E. Van Gelder on behalf of Goulds Pumps, Inc. (Attachments: #1 Certificate of Service)(Van Gelder, Susan)
March 10, 2014	Filing 42 TEXT ORDER granting #30 and #40 Letter Requests for a conference with the court to discuss plaintiff's deposition. A Telephone Conference is set for TODAY 3/10/2014 at 3:30 PM before Magistrate Judge David E. Peebles. Attorney Dennis Vega, who represents GE Company, CBS Corp., and Foster Wheeler, LLC, has provided a call-in number of 1-877-492-3951 and a passcode of 973 820 1136 for all counsel, as well as the court, to use regarding this proceeding. Attorney Vega is directed to provide this information to all known counsel, including those that may not yet be admitted to the NDNY and cannot receive ECF notifications in this matter at this time. Authorized by Magistrate Judge David E. Peebles on 3/10/14. (sal, )
March 10, 2014	Filing 41 NOTICE of Appearance by Nicole M. Kozin on behalf of Crane Co. (Kozin, Nicole)
March 10, 2014	Filing 40 Letter Motion from Dennis E. Vega for CBS Corporation, Foster Wheeler LLC, General Electric Company requesting Teleconference submitted to Judge David E. Peebles . (Vega, Dennis)
March 10, 2014	Filing 39 ANSWER to Complaint , CROSSCLAIM against All Defendants by Carrier Corporation.(Evans, Julie)
March 10, 2014	Filing 38 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Carrier Corporation identifying Corporate Parent United Technologies Corporation, Other Affiliate Bryant Heating & Cooling for Carrier Corporation.. (Evans, Julie)
March 10, 2014	Filing 37 NOTICE of Appearance by Julie R. Evans on behalf of Carrier Corporation (Evans, Julie)
March 10, 2014	Filing 36 ANSWER to Complaint , CROSSCLAIM against All Defendants by Todd Shipyards Corp..(Evans, Julie)
March 10, 2014	Filing 35 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Todd Shipyards Corp. identifying Corporate Parent Miles Marine, Inc. for Todd Shipyards Corp... (Evans, Julie)
March 10, 2014	Filing 34 NOTICE of Appearance by Julie R. Evans on behalf of Todd Shipyards Corp. (Evans, Julie)
March 7, 2014	Filing 43 RESPONSE re #30 Letter Motion from Matthew Straus for CBS Corporation, Foster Wheeler LLC, General Electric Company requesting Conference and adjournment of Plaintiff's deposition submitted to Judge David E. Peebles, U.S.M.J. filed by Pearl Osterhout and Robert Osterhout. (dpk)
March 7, 2014	Filing 33 NOTICE by Crane Co. of Joinder to Notice of Removal (Attachments: #1 Certificate of Service, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3 (1 of 4), #5 Exhibit(s) 3 (2 of 4), #6 Exhibit(s) 3 (3 of 4), #7 Exhibit(s) 3 (4 of 4), #8 Exhibit(s) 4 (1 of 3), #9 Exhibit(s) 4 (2 of 3), #10 Exhibit(s) 4 (3 of 3))(Cottle, Eric)
March 7, 2014	Filing 32 ANSWER to Complaint , CROSSCLAIM against All Defendants by Union Carbide Corp..(Yavitz, Judith)
March 7, 2014	Filing 31 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Union Carbide Corp. identifying Corporate Parent Dow Chemical Company for Union Carbide Corp... (Yavitz, Judith)
March 7, 2014	Filing 30 Letter Motion from Matthew Straus for CBS Corporation, Foster Wheeler LLC, General Electric Company requesting Conference and adjournment of Plaintiff's deposition submitted to Judge David E. Peebles, U.S.M.J. . (Attachments: #1 Plaintiff's Interrogatories and Dep Notice_Part1, #2 Plaintiff's Interrogatories and Dep Notice_Part2, #3 Plaintiff's Interrogatories and Dep Notice_Part3)(Straus, Matthew)
March 7, 2014	Filing 29 Verified ANSWER to Complaint with cross-claims against co-defendants. by Crane Co. (Cottle, Eric)
March 6, 2014	Filing 28 NOTICE of Appearance by Frank A. Cecere on behalf of Troy Belting and Supply Co. (Cecere, Frank)
March 6, 2014	Filing 27 NOTICE by CBS Corporation re #1 Notice of Removal,,,,, (Attachments: #1 Certification of Service of CBS Joinder in Removal)(Tanenbaum, Michael)
March 6, 2014	Filing 26 ANSWER to Complaint , CROSSCLAIM against All Defendants by G.H. Miner Co., Inc..(DiMarco, Erik)
March 6, 2014	Filing 25 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by G.H. Miner Co., Inc.. (DiMarco, Erik)
March 6, 2014	Filing 24 NOTICE of Appearance by Erik C. DiMarco on behalf of G.H. Miner Co., Inc. (DiMarco, Erik)
March 5, 2014	Filing 23 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CBS Corporation. (Tanenbaum, Michael)
March 5, 2014	Filing 22 CBS Corporation's ANSWER to Complaint , CROSSCLAIM against all co-defendants, and answer to all cross-claims. (Attachments: #1 Disclosure Statement, #2 Attorney's Verification, #3 Certification of Service)(Tanenbaum, Michael)
March 5, 2014	Filing 21 Foster Wheeler LLC's ANSWER to Complaint , CROSSCLAIM against all co-defendants, and answer to all cross-claims. (Attachments: #1 Disclosure Statement, #2 Attorney's Verification, #3 Certification of Service)(Tanenbaum, Michael)
March 5, 2014	Filing 20 General Electric's ANSWER to Complaint , CROSSCLAIM against Air & Liquid Systems Corporation, Armstrong International, Inc., Aurora Pump Company, CBS Corporation, Cameron International, Carrier Corporation, Clark-Reliance Corp., Copes-Vulcan, Inc., Crane Co., Crane Pumps & Systems, Inc., Echo, Incorporated, FMC Corp., Fisher Controls International, Foster Wheeler LLC, G.H. Miner Co., Inc., Goulds Pumps, Inc., Homelite Consumer Products, Inc., Husqvarna U.S. Holding, Inc., Imo Industries Inc., Ingersoll-Rand Company, John Crane, Inc., Johnson Controls, Inc., Ruggles-Klingeman Manufacturing Co., Inc., Sears, Roebuck & Co., Spirax Sarco, Inc., Stihl Incorporated, Syracuse Supply Co., Tate Andale, Inc., The Nash Engineering Company, Todd Shipyards Corp., Trane US, Inc., Troy Belting and Supply Co., Union Carbide Corp., Velan Valve Corp., Warren Pumps LLC, Weir Valves & Controls USA, Inc. by General Electric Company. (Attachments: #1 Disclosure Statement, #2 Attorney's Verification, #3 Certification of Service)(Tanenbaum, Michael)
March 5, 2014	Filing 19 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Aurora Pump Company identifying Corporate Parent Pentair, Inc. for Aurora Pump Company.. (Gleber, Erich)
March 5, 2014	Filing 18 NOTICE of Appearance by Erich J. Gleber on behalf of Aurora Pump Company (Gleber, Erich)
March 5, 2014	Filing 17 NOTICE of Admission Requirement as to Party Weir Valves & Controls USA, Inc.; Attorney Eric German, Esq. Admissions due by 4/4/2014. (dpk)
March 5, 2014	Filing 16 NOTICE of Admission Requirement as to Party Velan Valve Corp.; Attorney Richard O'Leary, Esq. Admissions due by 4/4/2014. (dpk)
March 5, 2014	Filing 15 NOTICE of Admission Requirement as to Party The Nash Engineering Company; Attorney Brian Walsh, Esq. Admissions due by 4/4/2014. (dpk)
March 5, 2014	Filing 14 NOTICE of Admission Requirement as to Party Spirax Sarco, Inc.; Attorney Paula Newcomb, Esq. Admissions due by 4/4/2014. (dpk)
March 5, 2014	Filing 13 NOTICE of Admission Requirement as to Party Aurora Pump Company; Attorney Lindsey Foster, Esq. Admissions due by 4/4/2014. (dpk)
March 4, 2014	Filing 12 ANSWER to Complaint , CROSSCLAIM against All Defendants by Homelite Consumer Products, Inc..(Evans, Julie)
March 4, 2014	Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Homelite Consumer Products, Inc. identifying Corporate Parent Techtronic Industries Co., Ltd., Corporate Parent Techtronic Industries North America, Inc. for Homelite Consumer Products, Inc... (Evans, Julie)
March 4, 2014	Filing 10 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Imo Industries Inc. identifying Corporate Parent Colfax Corporation, Corporate Parent IMO Holdings, Inc., Corporate Parent Colfax Fluid Handling LLC for Imo Industries Inc. (Zumsteg, Amy)
March 4, 2014	Filing 9 NOTICE of Appearance by Amy Zumsteg on behalf of Imo Industries Inc. (Zumsteg, Amy)
March 4, 2014	Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Warren Pumps LLC identifying Corporate Parent Colfax Corporation for Warren Pumps LLC.. (Zumsteg, Amy)
March 4, 2014	Filing 7 NOTICE of Appearance by Amy Zumsteg on behalf of Warren Pumps LLC (Zumsteg, Amy)
March 4, 2014	Filing 6 NOTICE of Appearance by Julie R. Evans on behalf of Homelite Consumer Products, Inc. (Evans, Julie)
March 3, 2014	Filing 5 NOTICE of Admission Requirement as to Party Robert Osterhout et al; Attorney Keith W. Binder, Esq. Email address: kbinder@levylaw.com. Phone number is 212-605-6200. Admissions due by 4/2/2014. (dpk) Modified on 3/7/2014 to add email address. (jmb)
February 28, 2014	Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/3/2014 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/27/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
February 27, 2014	Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by General Electric Company. (dpk)
February 27, 2014	Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Foster Wheeler LLC identifying Corporate Parent Foster Wheeler AG (Switzerland), Corporate Parent Foster Wheeler Ltd. (Bermuda) and Corporate Parent Foster Wheeler Holdings Ltd. (Bermuda) for Foster Wheeler LLC. (dpk)
February 27, 2014	***Answer due date updated for Foster Wheeler LLC answer due 3/6/2014; General Electric Company answer due 3/6/2014. (dpk)
February 27, 2014	Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Onondaga, case number 2014EF302 (Filing fee $400 receipt number 2858220) filed by General Electric Company and Foster Wheeler LLC. (Attachments: #1 Exhibit A (Summons and Complaint from State Court, #2 Exhibit B (Memorandum - EDPA), #3 Exhibit C (Ruppel v. CBS Corporation), #4 Exhibit D (Gordon v. Air & Liquid Systems Corp.), #5 Exhibit E (Fordham v. Asbeka Industries - Order), #6 Exhibit F (Lewis v. Asbestos Corp., Ltd. - Opinion), #7 Exhibit G (Memorandum - EDPA), #8 Exhibit H (Curry v. American Standard Oil, Inc. - MDO), #9 Exhibit I (Allen v. General Electric - Order), #10 Exhibit J (Affidavit of J. Thomas Schroppe), #11 Exhibit K (Affidavit of Admiral Ben J. Lehman, USN-Ret.), #12 Exhibit L (Affidavit of David Hobson), #13 Exhibit M (Affidavit of Admiral Ben J. Lehman, USN-Ret. in Support of Foster Wheeler's Notice of Removal), #14 Exhibit N (Nesbiet v. General Electric Company - Opinion and Order), #15 Notice of Notice of Removal to Adverse Party, #16 Notice of Notice of Removal to State Court, #17 Counsel List, #18 Certificate of Service) (dpk) (Additional attachment(s) added on 2/28/2014: #19 Civil Cover Sheet) (dpk)

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Defendant: CBS Corporation
Represented By:	Michael A. Tanenbaum
Represented By:	Dennis E. Vega
Represented By:	Matthew R. Straus
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Defendant: Air & Liquid Systems Corporation
Represented By:	Kenneth Alfred Krajewski
Represented By:	Jessica J. Burgasser
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Defendant: Armstrong International, Inc.
Represented By:	Thomas M. Beneventano
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Defendant: Aurora Pump Company
Represented By:	Erich J. Gleber
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Defendant: Cameron International
Represented By:	Steven E. Garry
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Defendant: Carrier Corporation
Represented By:	Julie R. Evans
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Defendant: Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania corporation
Represented By:	Michael A. Tanenbaum
Represented By:	Dennis E. Vega
Represented By:	Matthew R. Straus
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Defendant: Westinghouse Electric Corporation
Represented By:	Michael A. Tanenbaum
Represented By:	Dennis E. Vega
Represented By:	Matthew R. Straus
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Defendant: Crane Co.
Represented By:	Angela DiGiglio
Represented By:	Eric R.I. Cottle
Represented By:	Nicole M. Kozin
Represented By:	James B. Insco
Represented By:	Michael J. Sechler
Represented By:	Tara L. Pehush
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Defendant: Crane Pumps & Systems, Inc.
Represented By:	Angela DiGiglio
Represented By:	Eric R.I. Cottle
Represented By:	Nicole M. Kozin
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Defendant: Echo, Incorporated
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Defendant: FMC Corp.
Represented By:	Christopher P. Hannan
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Defendant: G.H. Miner Co., Inc.
Represented By:	Erik C. DiMarco
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Defendant: Goulds Pumps, Inc.
Represented By:	Susan E. Van Gelder
Represented By:	Lisa Marie Robinson
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Defendant: Husqvarna U.S. Holding, Inc.
Represented By:	Paula M. Eade-Newcomb
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Defendant: Ingersoll-Rand Company
Represented By:	James S. Nowak
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Defendant: John Crane, Inc.
Represented By:	William A. Cooney
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Defendant: Ruggles-Klingeman Manufacturing Co., Inc.
Represented By:	Angela DiGiglio
Represented By:	Eric R.I. Cottle
Represented By:	Nicole M. Kozin
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Defendant: Sears, Roebuck & Co.
Represented By:	David P. Schaffer
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Defendant: Spirax Sarco, Inc.
Represented By:	Paula M. Eade-Newcomb
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Defendant: Stihl Incorporated
Represented By:	Andrew J. Scholz
Represented By:	Bethany G. Lukitsch
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Defendant: Syracuse Supply Co.
Represented By:	Brian S. Schlosser
Represented By:	David E. Richman
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Defendant: Tate Andale, Inc.
Represented By:	Eric M. Gernant
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Defendant: The Nash Engineering Company
Represented By:	Eric M. Gernant
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Defendant: Todd Shipyards Corp.
Represented By:	Julie R. Evans
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Defendant: Trane US, Inc.
Represented By:	James S. Nowak
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Defendant: Troy Belting and Supply Co.
Represented By:	Frank A. Cecere
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Defendant: Union Carbide Corp.
Represented By:	Eric Statman
Represented By:	Judith A. Yavitz
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Defendant: Velan Valve Corp.
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Defendant: Weir Valves & Controls USA, Inc.
Represented By:	Eric M. Gernant
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Defendant: Atwood & Morrill Co., Inc.
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Plaintiff: Robert Osterhout
Represented By:	Jerome H. Block
Represented By:	Keith W. Binder
Represented By:	Pamela A. Nichols
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Plaintiff: Pearl Osterhout
Represented By:	Jerome H. Block
Represented By:	Keith W. Binder
Represented By:	Pamela A. Nichols
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Cross defendant: Foster Wheeler LLC
Represented By:	Michael A. Tanenbaum
Represented By:	Dennis E. Vega
Represented By:	Matthew R. Straus
Represented By:	Erik D. Nadolink
Represented By:	John M. Fitzpatrick
Represented By:	Stephanie L. Foote
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Cross defendant: General Electric Company
Represented By:	Michael A. Tanenbaum
Represented By:	Dennis E. Vega
Represented By:	Matthew R. Straus
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Cross defendant: Imo Industries Inc.
Represented By:	Amy Zumsteg
Represented By:	Annmarie Giblin
Represented By:	David J. Goodearl
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Cross defendant: Clark-Reliance Corp.
Represented By:	Paula M. Eade-Newcomb
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Cross defendant: Copes-Vulcan, Inc.
Represented By:	Paula M. Eade-Newcomb
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Cross defendant: Fisher Controls International
Represented By:	Thomas V. Hagerty
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Cross defendant: Johnson Controls, Inc.
Represented By:	Jason Riemer
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Cross claimant: Homelite Consumer Products, Inc.
Represented By:	Julie R. Evans
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Cross claimant: Warren Pumps LLC
Represented By:	Amy Zumsteg
Represented By:	Annmarie Giblin
Represented By:	David J. Goodearl
Represented By:	Judith A. Perritano
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