Clayton et al v. Air & Liquid Systems Corporation
| Donna Clayton and Edward Clayton |
| BW/IP, Inc., Pfizer, Inc., Crane Co., Riley Power, Inc., Hyster Company, Honeywell International, Inc., Mack Trucks, Inc., Clark Material Handling Corporation, Bird Incorporated, Pneumo Abex LLC, Caterpillar, Inc., Dana Companies, LLC, CBS Corporation, Owens-Illinois, Inc., Ford Motor Company, Weil-Mclain, Aurora Pump Company, Cleaver Brooks Company, Inc., Foster Wheeler, LLC, Gardner Denver, Inc., Kennedy Valve Manufacturing Co., Inc., Schneider Electric USA, Inc., The Fairbanks Company, FMC Corporation and International Truck and Engine Corporation |
| Rockwell Automation, Inc., Bell & Gossett Company, U.S. Rubber Company, Certainteed Corporation, Amchem Products, Inc, The Goodyear Tire and Rubber Company, Warren Pumps, LLC, Union Carbide Corporation, Borg-Warner Corporation, General Electric Company, Goodyear Canada, Inc, Byron Jackson Pumps, Goulds Pumps, Inc., Eaton Corporation and IMO Industries, Inc |
| McCord Corporation and Air & Liquid Systems Corporation |
| 1:2013cv00847 |
| August 21, 2013 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Richard J Arcara |
| Hugh B Scott |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
| Defendant |
Docket Report
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| E-Filing Notification: Disregard filed on the wrong case. Mail Returned as Undeliverable.RTS no addressee, unable to forward #22 Memorandum in Support, sent to Joel Jeremiah Johnson 076-574-307 Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020 (MD) (MD) |
| Mail Returned as Undeliverable.RTS no addressee, unable to forward #22 Memorandum in Support, sent to Joel Jeremiah Johnson 076-574-307 Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020 (MD) |
| Mail Returned as Undeliverable.Not deliverable as addressed, unable to forward, moved #72 Order on Motion to Remand to State Court, Order on Report and Recommendations, sent to Paul A. Scrudato 150 East 52nd. Street Suite 2700 New York, NY 10022 (MD) |
| Mail Returned as Undeliverable. Moved. #68 Report and Recommendations, sent to Paul A. Scrudato, Esq. (MD) |
| Mail Returned as Undeliverable.Not deliverable as addressed #72 Order on Motion to Remand to State Court, Order on Report and Recommendations, sent to Michelle Regan (MD) |
| Mail Returned as Undeliverable.Attempted-Not Known #72 Order on Motion to Remand to State Court, Order on Report and Recommendations, sent to William J. Bradley (MD) |
| Mail Returned as Undeliverable.RTS, Attempted not known 56 Text Order, Set/Reset Motion and R&R Deadlines/Hearings, sent to William Bradley (MD) |
| Mail Returned as Undeliverable. 56 Text Order, sent to William J. Bradley, Esq. (SG) |
| Filing 72 -CLERK TO FOLLOW UP-ORDER granting #21 Motion to Remand to New York State Supreme Court, Erie County; adopting Report and Recommendation re #68 . Clerk shall remand case, mail a certified copy of this Order to the clerk of the state court and take all steps necessary to close the case.. Signed by Hon. Richard J. Arcara on 12/12/2013. (JMB) |
| Filing 71 STATUS REPORT and Emergency FRCP 30(a)(2) Request for Leave of Court to Conduct Deposition of the Plaintiff by Edward Clayton. (Richmond, John) |
| Filing 70 TEXT ORDER. Oral Argument is scheduled for 1/24/2014 at 3:00 PM before Hon. Richard J. Arcara as to #69 Objections filed by defendant Crane Co. as to #68 Report and Recommendation of Magistrate Judge Hugh B. Scott. Response papers are to be filed by 12/30/2013. Reply papers are to be filed by 1/13/2014. SO ORDERED. Issued by Hon. Richard J. Arcara on December 5, 2013. (DJD) |
| E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (OBJECTION TO REPORT AND RECOMMENDATION found under other answers) event. No action required. #69 OBJECTIONS (Kozin, Nicole) Modified on 12/2/2013 to correct title (SG). (SG) |
| Filing 69 OBJECTIONS to #68 REPORT AND RECOMMENDATIONS filed by Crane Co.. (Attachments: #1 Certificate of Service, #2 Affidavit)(Kozin, Nicole) Modified on 12/2/2013 to correct title (SG). |
| Filing 68 MAGISTRATE JUDGE HUGH B. SCOTTREPORT & RECOMMENDATIONSRe #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Edward Clayton, Donna ClaytonIt is recommended that plaintiffs' Motion for remand (Docket No. 21) be granted. Objections due fourteen days from receipt; Objections to R&R due by 11/27/2013.So Ordered. Signed by Hon. Hugh B. Scott on 11/13/2013. (DRH) |
| Filing 67 Corporate Disclosure Statement by Honeywell International, Inc.. (Attachments: #1 Certificate of Service)(Masino, Michael) |
| Filing 66 DEMAND for Trial by Jury by Honeywell International, Inc.. (Attachments: #1 Certificate of Service)(Masino, Michael) |
| Filing 65 NOTICE of Appearance by Michael J. Masino on behalf of Honeywell International, Inc. (Attachments: #1 Certificate of Service)(Masino, Michael) |
| Filing 64 REPLY to Response to Motion re #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Donna Clayton, Edward Clayton. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Shamberg, Kyle) |
| Filing 63 Corporate Disclosure Statement by Warren Pumps, LLC identifying Corporate Parent Colfax Corporation for Warren Pumps, LLC.. (Goodearl, David) |
| Filing 62 NOTICE of Appearance by David J. Goodearl on behalf of Warren Pumps, LLC (Goodearl, David) |
| Mail Returned as Undeliverable.Not deliverable as addressed 9 Text Order Referring Case to Magistrate Judge, sent to Paul A. Scrudato (MD) |
| Filing 61 RESPONSE in Opposition re #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Crane Co.. (Attachments: #1 Affidavit, #2 Certificate of Service, #3 Exhibit A, #4 Exhibit B)(Kozin, Nicole) |
| Filing 60 TEXT ORDER: the Stipulation of Dismissal Without Prejudice as to General Electric Company #59 is approved. The Clerk shall terminate the action as to General Electric Company only. Issued by Hon. Richard J. Arcara on October 16, 2013. (WJG) -CLERK TO FOLLOW UP- |
| Filing 59 STIPULATION of Dismissal Without Prejudice as to General Electric Company only by General Electric Company. (Gilmartin, Robert) |
| Filing 58 NOTICE of Appearance by Robert M. Gilmartin, Jr on behalf of General Electric Company (Gilmartin, Robert) |
| Filing 57 DEMAND for Trial by Jury by Air & Liquid Systems Corporation(as successor-by-merger to Buffalo Pumps, Inc.). (Krajewski, Kenneth) |
Filing 56
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Edward Clayton, Donna Clayton Responses due by 10/18/2013, Replies due by 10/31/2013. Motion to be submitted, without oral argument, on 10/31/2013.Chambers will send paper copies of this text Order only to attorneys not registered with this Court's ECF who have appeared in this case, with one copy of the Order to be sent to each represented party. This Order thus will be mailed to counsel for defendants Borg-Warner, Bryan Jackson Pumps, CBS Corporation, Ford Motor Company, Owens-Illinois, Inc., and Warren Pump, LLC.Appearing parties who have yet to register with ECF are encouraged to do so.So Ordered. Signed by Hon. Hugh B. Scott on 9/26/2013. (DRH)
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| Filing 55 STATUS REPORT regarding Court's 9/25/13 Order Directing Plaintiffs to Serve Amended Certificate of Service for Motion to Remand by Donna Clayton, Edward Clayton. (Attachments: #1 Exhibit 1)(Shamberg, Kyle) |
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Filing 54
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #28 Order, Set DeadlinesPlaintiffs to file Amended Certificate of Service identifying defendants and defense counsel served, due by 10/2/2013.So Ordered. Signed by Hon. Hugh B. Scott on 9/25/2013. (Attachments: #1 Order of 9/10/2013, #2 copy of Certificate of Service, No. 22)(DRH)
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| Filing 53 STATUS REPORT RE: APPEARANCES IN STATE COURT ACTION by Crane Co.. (Kozin, Nicole) |
| Filing 52 Corporate Disclosure Statement by McCord Corporation. (Attachments: #1 Certificate of Service)(Welter, Joseph) |
| Filing 51 DEMAND for Trial by Jury by Crane Co.. (Kozin, Nicole) |
| Filing 50 DEMAND for Trial by Jury by Schneider Electric USA, Inc.. (Kozin, Nicole) |
| Filing 49 ANSWER to Interrogatories by International Truck and Engine Corporation. (Attachments: #1 Certificate of Service)(Smith, Donald) |
| Mail Returned as Undeliverable. Not deliverable as addressed 9 Text Order Referring Case to Magistrate Judge sent to Michelle Regan (MD) |
| Mail Returned as Undeliverable.Not deliverable as addressed 9 Text Order Referring Case to Magistrate Judge sent to William J. Bradley (MD) |
| Filing 48 Verified ANSWER to Complaint , CROSSCLAIM against All Defendants by BW/IP, Inc.. (Attachments: #1 Certificate of Service)(Snider, Carol) |
| Filing 47 Corporate Disclosure Statement by Amchem Products, Inc identifying Corporate Parent Bayer AG, Other Affiliate Bayer Cropscience Inc., Other Affiliate Bayer CropScience Holding SA for Amchem Products, Inc.. (Steinman, Sandra) |
| Filing 46 DEMAND for Trial by Jury by International Truck and Engine Corporation. (Attachments: #1 Certificate of Service)(Smith, Donald) |
| Filing 45 ANSWER to Complaint , CROSSCLAIM against All Defendants by Air & Liquid Systems Corporation.(Krajewski, Kenneth) |
| E-Filing Notification: Incorrect.pdf file attached to entry. Filer chosen and filer listed in document do not match. Action required: re-file entry with correct attachment and new proof of service #35 Corporate Disclosure Statement by Amchem Products, Inc, (SG) |
| Filing 44 Corporate Disclosure Statement by Union Carbide Corporation identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation.. (Steinman, Sandra) |
| Filing 43 Corporate Disclosure Statement by Certainteed Corporation identifying Corporate Parent The Wendel Group, Other Affiliate Compagnie de Saint-Gobain for Certainteed Corporation.. (Steinman, Sandra) |
| Filing 42 Corporate Disclosure Statement by Air & Liquid Systems Corporation(as successor-by-merger to Buffalo Pumps, Inc.). (Krajewski, Kenneth) |
| Filing 41 NOTICE of Appearance by Kenneth A. Krajewski on behalf of Air & Liquid Systems Corporation(as successor-by-merger to Buffalo Pumps, Inc.) (Krajewski, Kenneth) |
| Filing 40 DEMAND for Trial by Jury by Mack Trucks, Inc.. (Attachments: #1 Certificate of Service)(Barbic, Valerie) |
| Filing 39 NOTICE of Appearance by Valerie L. Barbic on behalf of Mack Trucks, Inc. (Attachments: #1 Certificate of Service)(Barbic, Valerie) |
| Filing 38 Corporate Disclosure Statement by International Truck and Engine Corporation. (Attachments: #1 Certificate of Service)(Smith, Donald) |
| Filing 37 NOTICE of Appearance by Donald A.W. Smith on behalf of International Truck and Engine Corporation (Attachments: #1 Certificate of Service)(Smith, Donald) |
| Filing 36 Corporate Disclosure Statement by Dana Companies, LLC. (Steinman, Sandra) |
| Filing 35 Corporate Disclosure Statement by Amchem Products, Inc identifying Corporate Parent Bayer AG, Other Affiliate Bayer CropScience Holding SA for Amchem Products, Inc.. (Steinman, Sandra) |
| Filing 34 Verified ANSWER to Complaint , CROSSCLAIM against All Defendants by Dana Companies, LLC.(Steinman, Sandra) |
| Filing 33 Verified ANSWER to Complaint , CROSSCLAIM against All Defendants by Amchem Products, Inc.(Steinman, Sandra) |
| Filing 32 NOTICE of Appearance by V. Christopher Potenza on behalf of Weil-Mclain (Attachments: #1 Certificate of Service)(Potenza, V.) |
| Filing 31 Corporate Disclosure Statement by Cleaver Brooks Company, Inc.. (Davie, Stephen) |
| Filing 30 CERTIFICATE OF SERVICE by Donna Clayton, Edward Clayton re #22 Memorandum in Support,, #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction on all Defendants via Email with Service Rider (Shamberg, Kyle) |
| Filing 29 ANSWER to Complaint , CROSSCLAIM against All Defendants by McCord Corporation.(Welter, Joseph) |
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Filing 28
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #1 Notice of Removal filed by Crane Co., #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Edward Clayton, Donna ClaytonPlaintiffs to file an amended Certificate of Service and defendant Crane Co. to file report of appearances of codefendants in this action; amended Certificate and Status Report due by 9/24/2013. Court will schedule plaintiffs' Motion to Remand (Docket No. 21) upon receipt of these documents. Plaintiffs and Crane Co. to serve copies of this Order on non-appearing or non-ECF parties.So Ordered. Signed by Hon. Hugh B. Scott on 9/10/2013. (DRH)
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| Filing 27 Corporate Disclosure Statement by BW/IP, Inc.. (Attachments: #1 Certificate of Service)(Snider, Carol) |
| Filing 26 NOTICE of Appearance by Angela DiGiglio on behalf of Schneider Electric USA, Inc. (DiGiglio, Angela) |
| Filing 25 NOTICE of Appearance by Nicole M. Kozin on behalf of Schneider Electric USA, Inc. (Kozin, Nicole) |
| Filing 24 Corporate Disclosure Statement by Schneider Electric USA, Inc.. (Cottle, Eric) |
| Filing 23 NOTICE of Appearance by Eric R.I. Cottle on behalf of Schneider Electric USA, Inc. (Cottle, Eric) |
| Filing 22 MEMORANDUM IN SUPPORT re #21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction byDonna Clayton, Edward Clayton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Certificate of Service)(Shamberg, Kyle) |
| Filing 21 First MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction by Donna Clayton, Edward Clayton.(Shamberg, Kyle) |
| Filing 20 NOTICE of Appearance by Kyle Alan Shamberg on behalf of Donna Clayton, Edward Clayton (Shamberg, Kyle) |
| Filing 19 NOTICE of Appearance by Angela DiGiglio on behalf of Crane Co. (DiGiglio, Angela) |
| Filing 18 NOTICE of Appearance by Nicole M. Kozin on behalf of Crane Co. (Kozin, Nicole) |
| Filing 17 Corporate Disclosure Statement by Goulds Pumps, Inc.. (VanGelder, Susan) |
| Filing 16 Corporate Disclosure Statement by Eaton Corporation. (VanGelder, Susan) |
| Filing 15 NOTICE of Appearance by Susan E. VanGelder on behalf of Goulds Pumps, Inc. (Attachments: #1 Certificate of Service)(VanGelder, Susan) |
| Filing 14 NOTICE of Appearance by Susan E. VanGelder on behalf of Eaton Corporation (Attachments: #1 Certificate of Service)(VanGelder, Susan) |
| Filing 13 Corporate Disclosure Statement by Aurora Pump Company identifying Corporate Parent Pentair, Inc. for Aurora Pump Company.. (Gleber, Erich) |
| Filing 12 NOTICE of Appearance by Erich John Gleber on behalf of Aurora Pump Company (Gleber, Erich) |
| Filing 11 Corporate Disclosure Statement by Rockwell Automation, Inc.. (Attachments: #1 Certificate of Service)(LaSala, Joseph) |
| Filing 10 NOTICE of Appearance by Joseph P. LaSala on behalf of Rockwell Automation, Inc. (Attachments: #1 Certificate of Service)(LaSala, Joseph) |
| Filing 9 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 9/4/2013. (JMB) |
| Filing 8 Corporate Disclosure Statement by Bird Incorporated. (Attachments: #1 Certificate of Service)(Snider, Carol) |
| Filing 7 ANSWER to Complaint , CROSSCLAIM against All Defendants by Bird Incorporated. (Attachments: #1 Certificate of Service)(Snider, Carol) |
| Filing fee paid: $400.00, receipt number BUF036338. (DLC) |
| Filing 6 AUTOMATIC REFERRAL to Mediation ; ADR Plan(DZ) |
| Filing 5 Notification of right to consent attached to entry. Notification to chambers of on-line civil opening. (DZ) |
| Case assigned to Hon. Richard J. Arcara. (DZ) |
| Filing 4 Corporate Disclosure Statement by Crane Co.. (Cottle, Eric) |
| Filing 3 CONTINUATION OF EXHIBITS to #1 Notice of Removal Attachment A Exhibit 5 Part 1 of 4. (Attachments: #1 Exhibit 5 Part 2 of 4, #2 Exhibit 5 Part 3 of 4, #3 Exhibit 5 Part 4 of 4, #4 Exhibit 6, #5 Civil Cover Sheet)(Cottle, Eric) |
| Filing 2 CONTINUATION OF EXHIBITS to #1 Notice of Removal Attachment #A Exhibit Exhibit 4 Part 1 of 4. (Attachments: #1 Exhibit Exhibit 4 Part 2 of 4, #2 Exhibit Exhibit 4 Part 3 of 4, #3 Exhibit Exhibit 4 Part 4 of 4)(Cottle, Eric) |
| Filing 1 NOTICE OF REMOVAL by Crane Co. from Supreme Court of Erie County, case number 800984-13. (Attachments: #1 Certificate of Service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Cottle, Eric) |
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