Lee v. AK Steel Corp., et al
Plaintiff: Larry Winslowe Lee and Susan Provost Lee
Defendant: Honeywell International, Inc., AK Steel Corp., Briggs & Stratton Corporation doing business as Snapper, Certainteed Corporation, Clow Valve Company, Dana Companies LLC, Deere & Company doing business as John Deere, Eckler's Corvette, Ford Motor Company, Formosa Plastics Corporation U.S.A., Genuine Parts Company doing business as National Automotive Parts Association (aka NAPA), Grinnell LLC doing business as Grinnell Corporation, Hajoca Corporation, Hammer & Steel, Inc., Allied-Signal, Inc., J-M Manufacturing Company, Inc., Kawasaki Motors Corp., U.S.A., McWane Inc., Metropolitan Life Insurance Company, Pfizer Inc., Pneumo Abex LLC, Special Electric Company, Inc., Union Carbide Corporation and Yamaha Motor Corporation, U.S.A.
Case Number: 5:2013cv00826
Filed: December 2, 2013
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: Louise Wood Flanagan
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332 Diversity-Asbestos Litigation
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 27, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2016 Opinion or Order Filing 340 JUDGMENT - Signed by Julie Richards Johnston, Clerk of Court on 6/27/2016. (Baker, C.)
June 23, 2016 Opinion or Order Filing 339 ORDER granting #338 Joint Motion to Dismiss Defendant J-M Manufacturing Company, Inc. - Signed by District Judge Louise Wood Flanagan on 6/23/2016. (Baker, C.)
June 16, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #338 Joint MOTION to Dismiss With Prejudice. (Baker, C.)
June 15, 2016 Opinion or Order Filing 338 Joint MOTION to Dismiss With Prejudice filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Dedman, James)
May 17, 2016 Opinion or Order Filing 337 ORDER granting #336 Motion for Extension of Time or, in the Alternative, Stay All Pending Deadlines To Facilitate Dismissal - All pending deadlines are STAYED to facilitate the parties' effectuation of their settlement and the filing of the dismissal. The Court further orders that any such dismissal shall be filed within thirty (30) days of the date of this order. Signed by District Judge Louise Wood Flanagan on 5/17/2016. (Baker, C.)
May 17, 2016 Opinion or Order Filing 336 Consent MOTION for Extension of Time or, in the Alternative, Stay All Pending Deadlines To Facilitate Dismissal filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Dedman, James)
May 17, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #336 Consent MOTION for Extension of Time or, in the Alternative, Stay All Pending Deadlines To Facilitate Dismissal. (Baker, C.)
May 12, 2016 Opinion or Order Filing 335 ORDER granting #334 Joint Motion to Dismiss Pneumo Abex, LLC Without Prejudice - Signed by District Judge Louise Wood Flanagan on 5/12/2016. (Baker, C.)
May 11, 2016 Opinion or Order Filing 334 Joint MOTION to Dismiss Pneumo Abex, LLC Without Prejudice filed by Susan Provost Lee. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
May 11, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #334 Joint MOTION to Dismiss Pneumo Abex, LLC Without Prejudice. (Baker, C.)
May 9, 2016 Opinion or Order Filing 333 Deposition Transcript of John Spencer as redacted pursuant to March 28, 2016 Order. (Attachments: #1 Cover Letter) (Baker, C.)
May 9, 2016 Opinion or Order Filing 332 ORDER granting #315 Motion for Leave to File Amended Complaint - Plaintiff is DIRECTED to file and serve the first amended complaint, as proposed, within 7 days of the date of this order. Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)
May 9, 2016 Opinion or Order Filing 331 ORDER granting #314 Motion to Substitute Party - Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)
May 9, 2016 Opinion or Order Filing 330 ORDER granting #328 Motion to Dismiss Defendant CertainTeed Corporation - Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)
May 9, 2016 Opinion or Order TEXT ORDER - In accordance with the court's March 28, 2016, order, the clerk is DIRECTED to unseal DE 238, but to leave the exhibits sealed, and to file a redacted version of DE 238-2 (Deposition Transcript), submitted by the parties April 1, 2016. Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)
April 25, 2016 Opinion or Order Filing 329 Notice filed by Pneumo Abex LLC regarding #320 Order - Statement of Taxable Costs and Attorney's Fees. (Bouch, Timothy)
April 25, 2016 Opinion or Order Filing 328 MOTION to Dismiss filed by Certainteed Corporation. (Attachments: #1 Text of Proposed Order) (Frick, Scott)
April 25, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #328 MOTION to Dismiss. (Baker, C.)
April 12, 2016 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #314 MOTION to Substitute Party Personal Representative for Deceased Plaintiffand #315 MOTION for Leave to File Amended Complaint. (Baker, C.)
April 11, 2016 Opinion or Order Filing 327 Notice of Intent to Proceed regarding #284 MOTION to Dismiss filed by Larry Winslowe Lee, Susan Provost Lee as to CertainTeed Corporation, Hajoca Corporation, Pfizer, Inc., Pneumo Abex, LLC, J-M Manufacturing Company Inc. (Paul, Kevin)
April 6, 2016 Opinion or Order Filing 326 Memorandum in Support regarding #239 MOTION to Seal #238 PROPOSED SEALED MOTION in compliance with #320 Order - (Redacted Memorandum in Support of Motion To Seal) filed by J-M Manufacturing Company, Inc. (Dedman, James) Modified on 4/11/2016 to clarify docket entry text. (Baker, C.)
April 6, 2016 Opinion or Order Filing 325 Memorandum in Support regarding #238 PROPOSED SEALED MOTION in compliance with #320 Order - (Redacted Memorandum in Support of Motion for Further Order) filed by J-M Manufacturing Company, Inc. (Dedman, James) Modified on 4/11/2016 to clarify docket entry text.
April 1, 2016 Opinion or Order Filing 324 Notice filed by Larry Winslowe Lee, Susan Provost Lee regarding #320 Order - Plaintiffs' Renewed Certification of Compliance with Court Order. (Paul, Kevin)
April 1, 2016 Opinion or Order Filing 323 Notice of Settlement filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin) Modified on 4/4/2016 to clarify docket entry text. (Baker, C.)
March 28, 2016 Opinion or Order Filing 322 ORDER granting #321 Motion to Dismiss Genuine Parts Company - Signed by District Judge Louise Wood Flanagan on 3/28/2016. (Baker, C.)
March 28, 2016 Opinion or Order Filing 321 Joint MOTION to Dismiss Genuine Parts Company filed by Susan Provost Lee. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 28, 2016 Opinion or Order Filing 320 ORDER granting #249 Motion to Strike; holding in abeyance #284 Motion to Dismiss; denying #226 Motion to Compel; granting in part and denying in part #238 Sealed Motion; granting in part and denying in part #239 Motion to Seal- Signed by District Judge Louise Wood Flanagan on 3/28/2016. (This document is a redacted version of #319 SEALED ORDER.) (Baker, C.)
March 28, 2016 Opinion or Order Filing 319 SEALED ORDER - The court has entered contemporaneously herewith a redacted public version of this order. Signed by District Judge Louise Wood Flanagan on 3/28/2016. (Baker, C.)
March 28, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #321 Joint MOTION to Dismiss Genuine Parts Company. (Baker, C.)
March 18, 2016 Opinion or Order Filing 318 Notice of Filing Supplemental Exhibit filed by Larry Winslowe Lee, Susan Provost Lee regarding #315 MOTION for Leave to File Amended Complaint. (Attachments: #1 Exhibit B - Ist Amended Complaint_Red-lined version) (Paul, Kevin)
March 17, 2016 Opinion or Order Notice to Counsel regarding #315 Motion for Leave to File Amended Complaint - Pursuant to the judge's practice preferences available on the court's website, any motion seeking to amend a pleading shall include as exhibits both the proposed amended pleading and a red-lined version of the proposed amended pleading showing changes proposed to be made. Counsel is directed to file a red-lined version of the proposed amended complaint accordingly. (Baker, C.)
March 16, 2016 Opinion or Order Filing 317 Certificate of Service filed by Larry Winslowe Lee, Susan Provost Lee regarding #314 MOTION to Substitute Party Personal Representative for Deceased Plaintiff, #315 MOTION for Leave to File Amended Complaint, #316 Memorandum in Support. (Paul, Kevin)
March 16, 2016 Opinion or Order Filing 316 Memorandum in Support regarding #315 MOTION for Leave to File Amended Complaint filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
March 16, 2016 Opinion or Order Filing 315 MOTION for Leave to File Amended Complaint filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit A - 1st Amended Complaint, #2 Text of Proposed Order) (Paul, Kevin)
March 16, 2016 Opinion or Order Filing 314 MOTION to Substitute Party Personal Representative for Deceased Plaintiff filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit A- Larry Winslowe Lee Dearth Certificate, #2 Exhibit B- Larry Winslowe Lee - Letters Test, #3 Text of Proposed Order) (Paul, Kevin)
February 24, 2016 Opinion or Order Filing 313 ORDER granting #312 Motion to Dismiss Yamaha Motor Corporation, U.S.A. - Signed by District Judge Louise Wood Flanagan on 2/24/2016. (Baker, C.)
February 23, 2016 Opinion or Order Filing 312 Joint MOTION to Dismiss filed by Yamaha Motor Corporation, U.S.A.. (Attachments: #1 Text of Proposed Order) (Bouch, Timothy)
February 23, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #312 Joint MOTION to Dismiss. (Baker, C.)
January 25, 2016 Opinion or Order TEXT ORDER regarding #310 Joint Motion for Clarification - The court clarifies that the parties may hold in abeyance making any further filings regarding the motions in limine until resolution of plaintiff's motion for voluntary dismissal. Signed by District Judge Louise Wood Flanagan on 1/25/2016. (Baker, C.)
January 25, 2016 Opinion or Order NOTICE OF DEFICIENCY regarding #310 Joint Motion for Clarification - Pursuant to the judge's practice preferences available on this court's website, counsel shall file a proposed order. The order must be filed electronically using the PROPOSED ORDER event located in the RESPONSES AND REPLIES category. (Baker, C.)
January 25, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #284 MOTION to Dismiss. (Baker, C.)
January 21, 2016 Opinion or Order Filing 311 RESPONSE in Support regarding #284 MOTION to Dismiss filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
January 21, 2016 Opinion or Order Filing 310 Joint MOTION for Clairification filed by Certainteed Corporation. (Frick, Scott)
January 14, 2016 Opinion or Order Filing 309 ORDER granting #290 Motion to Dismiss Metropolitan Life Insurance Company - Signed by District Judge Louise Wood Flanagan on 1/14/2016. (Baker, C.)
January 14, 2016 Opinion or Order TEXT ORDER regarding #285 MOTION to Stay filed by Larry Winslowe Lee - The court GRANTS IN PART plaintiff's motion to stay proceedings pending the court's ruling on plaintiff's motion for voluntary dismissal. The court HOLDS IN ABEYANCE ruling on those motions in limine now pending until resolution of plaintiff's motion for voluntary dismissal. Signed by District Judge Louise Wood Flanagan on 1/14/2016. (Baker, C.)
January 11, 2016 Opinion or Order Filing 308 RESPONSE in Opposition regarding #284 MOTION to Dismiss Joinder in Pneumo Abex Response in Opposition filed by Certainteed Corporation. (Attachments: #1 Exhibit Unpublished opinion) (Frick, Scott)
January 11, 2016 Opinion or Order Filing 307 RESPONSE in Opposition regarding #284 MOTION to Dismiss filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A - Letters Testamentary, #2 Errata B - Unpublished Cases) (Bouch, Timothy)
January 11, 2016 Opinion or Order Filing 306 Corrected Exhibit regarding #301 Response in opposition filed by Certainteed Corporation . (Attachments: #1 Unpublished Opinions) (Frick, Scott) Modified on 1/12/2016 to clarify docket entry text. (Baker, C.)
January 8, 2016 Opinion or Order Filing 305 RESPONSE in Opposition regarding #267 MOTION to Strike /EXCLUDE THE CAUSATION OPINIONS OF DEFENDANTS' EXPERTS Drs. Ghio, Garabrant, Roggli, and Lawson filed by Genuine Parts Company. (Attachments: #1 Exhibit A: Garabrant Rpt, #2 Exhibit B: Garabrant Dep., #3 Exhibit C: Ghio Dep., #4 Exhibit D: Ghio Rpt., #5 Exhibit E: Lawson Dep., #6 Exhibit F: Lawson Rpt., #7 Exhibit G: Roggli Dep., #8 Exhibit H: Roggli Rpt., #9 Exhibit I: Expert CVs, #10 Exhibit J: Hodgson and Darnton Study, #11 Exhibit K: Holstein Dep., #12 Exhibit L: Maddox Dep., #13 Exhibit M: Woitowitz Study, #14 Exhibit N: Roggli Friction Bibliography, #15 Exhibit O: Garabrant Testimony (Yates), #16 Exhibit P: Rake and Peto Study, #17 Exhibit Q: Goodman Meta-analysis Study, #18 Exhibit R: Larry Lee SS Records, #19 Exhibit S: Larry Lee Disc. Dep., #20 Exhibit T: Larry Lee Vid. Dep., #21 Exhibit U: Teta Study, #22 Exhibit V: Hessel Study, #23 Exhibit W: Teschke Study) (McAvoy, Richard)
January 8, 2016 Opinion or Order Filing 304 RESPONSE in Opposition regarding #264 MOTION to Strike /EXCLUDE THE TESTIMONY OF MICHAEL GRAHAM filed by Certainteed Corporation. (Frick, Scott)
January 8, 2016 Opinion or Order Filing 303 RESPONSE in Opposition regarding #255 MOTION to Strike /EXCLUDE THE TESTIMONY OF DR. CHARLES WEAVER filed by Certainteed Corporation. (Attachments: #1 Exhibit Larry Lee Transcript, #2 Exhibit Resp to Plaintiff RFP, #3 Exhibit Ledlow Affidavit, #4 Exhibit Engel Declaration, #5 Exhibit Davis Declaration, #6 Exhibit Robert Lee Transcript, #7 Exhibit Weaver CV, #8 Exhibit Weaver Depo, #9 Exhibit Weaver Wagers Testimony, #10 Exhibit Schmechel Beyond the Ken, #11 Exhibit Simons What People Believe, #12 Exhibit Malavanti Curse of Knowledge, #13 Exhibit Identifying the Culprit, #14 Exhibit NY Times Why Memory Fails Us, #15 Exhibit Unpublished Opinions) (Frick, Scott)
January 8, 2016 Opinion or Order Filing 302 RESPONSE in Opposition regarding #264 MOTION to Strike /EXCLUDE THE TESTIMONY OF MICHAEL GRAHAM filed by Genuine Parts Company. (Attachments: #1 Exhibit A: Virginia Complaint, #2 Exhibit B: GPC's Expert Designations, #3 Exhibit C: Paul Lee Work History, #4 Exhibit D: Paul Lee Civil Deposition, #5 Exhibit E: Paul Lee Hearing Transcript, #6 Exhibit F: 12-2-2014 Larry Lee Dep., #7 Exhibit G: Graham Dep., #8 Exhibit H: Graham CV, #9 Exhibit I: Graham Report) (McAvoy, Richard)
January 8, 2016 Opinion or Order Filing 301 RESPONSE in Opposition regarding #257 MOTION to EXCLUDE THE TESTIMONY OF RAINA SHAH filed by Certainteed Corporation. (Attachments: #1 Shah Declaration, #2 Exhibit Holstein Depo, #3 Shah Depo/Errata Pages, #4 Exhibit AMA - Encyclopedia of Medicine, #5 Unpublished Opinions) (Frick, Scott)
January 8, 2016 Opinion or Order Filing 300 RESPONSE in Opposition regarding #272 MOTION to Strike /EXCLUDE THE TESTIMONY OF DR. MARK WICK filed by Certainteed Corporation, J-M Manufacturing Company, Inc. (Attachments: #1 Helsinki Criteria, #2 2014 Helsinki Criteria, #3 John Maddox Depo, #4 Wick Expert Report, #5 Gibbs 2007 Helsinki Criteria, #6 Craighead 1995, #7 Ilgren 1991, #8 Churg 1998, #9 Roggli 1992, #10 Oury, Sporn, Roggli 2014, #11 Battifora 1995, #12 McCaughey 1985, #13 Edge 1976, #14 Dodson 1997, #15 Selikoff 1965, #16 Hasan 1977, #17 Thurlbeck 1995, #18 Marchevsky-Wick 2003, #19 Mark Wick Depo, #20 Unpublished Opinion) (Frick, Scott)
January 8, 2016 Opinion or Order Filing 299 RESPONSE in Opposition regarding #270 MOTION in Limine, #251 MOTION in Limine regarding the Causation Testimony of Drs. Brody, Holstein, and Maddox, #253 MOTION to Strike /Exclude the Opinions of Dr. Arnold Brody, #280 MOTION to Strike /Exclude Causation Testimony of Dr. John Maddox and Dr. Arnold Brody, #261 MOTION to Strike /Exclude the Opinions of Edwin C. Holstein, M.D., #268 MOTION to Strike /Exclude the Opinions of John C. Maddox, M.D., #278 MOTION to Strike /Exclude Warnings Testimony of Dr. Edwin Holstein, #274 MOTION to Strike /Exclude Causation Testimony of Dr. Edwin Holstein filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Holstein Report on Larry Lee, #2 Exhibit 2 Holstein, Dr. Edwin 060215, #3 Exhibit 3 - 1977_'Asb Exp During Cutting' Noble,Kawahara, #4 Exhibit 4 - Kumagai et al Estimation of Asb Exposure, #5 Exhibit 4 - Kumagai et al Estimation of Asb Exposure, #6 Exhibit 6 - Larry Lee Video Vol 1 032414, #7 Exhibit 7 - Robert Lee 052814 condensed, #8 Exhibit 8 - 1965 Newhouse, #9 Exhibit 9 - 1974-Greenberg, #10 Exhibit 10 - Giarelli_et_al-1992-American_Journal_of_Industrial_Medicine, #11 Exhibit 11 - Browne and Smither 1983, #12 Exhibit 12 - Roggli Malignant Meso and Duration, #13 Exhibit 13 - 1999-Hillerdal-Meso and non-occ and low dose exp, #14 Exhibit 14 - 1995-Workrs Home Contam Study, #15 Exhibit 15 - Iwatsubo Y., Pleural Meso, Dose Response in French Population, 1998, #16 Exhibit 16 - Rodelsperger, #17 Exhibit 17- Rolland abstract (2006), #18 Exhibit 18 211_2014 Lacourt, et al, #19 Exhibit 19 - VICTOR ROGGLI, M.D 082415, #20 Exhibit 20 - Garvin - Post-Trial Order, #21 Exhibit 21 - Roggli Affidavit (5-29-01), #22 Exhibit 22- Roggli affidavit (5-20-05) Low level exposure and mesothleioma, #23 Exhibit 23- Roggli 05-08-07 depo (Pounds), #24 Exhibit 24 - Roggli 3-10-15 depo (Winkel), #25 Exhibit 25 - Markowitz 2015, #26 Exhibit 26 - Roelofs 2013, #27 Exhibit 27 - 2002 Leigh, 'Malig meso in Australia 1945-2000', #28 Exhibit 28 - 1965 Hueper, #29 Exhibit 29 - 8-29 Thursday Holstein DX) (Paul, Kevin)
January 8, 2016 Opinion or Order Filing 298 RESPONSE in Opposition regarding #259 MOTION to Strike /EXCLUDE THE TESTIMONY OF DR. RACHEL MAINES filed by J-M Manufacturing Company, Inc. (Attachments: #1 Exhibit A - Deposition Transcript of Rachel Maines, #2 Exhibit B - Brons v. 3M Company, et al (Trial Transcript), #3 Text of Proposed Order) (Dedman, James)
January 8, 2016 Opinion or Order Filing 297 RESPONSE in Opposition regarding #267 MOTION to Strike /EXCLUDE THE CAUSATION OPINIONS OF DEFENDANTS' EXPERTS filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A-Abex's Expert Disclosures and Reports, #2 Exhibit B-Reference Guide on Epidemiology, #3 Exhibit C-Garabrant Testimony in Yates) (Bouch, Timothy)
January 8, 2016 Opinion or Order Filing 296 RESPONSE in Opposition regarding #262 MOTION to EXCLUDE THE EXPERT OPINION TESTIMONY OF MICHAEL BERRYMAN filed by J-M Manufacturing Company, Inc.. (Attachments: #1 Exhibit A - Expert Report and Case List of Michael J. Berryman, #2 Exhibit B - Deposition Transcript of Michael J. Berryman, #3 Exhibit C - CV of Michael J. Berryman, #4 Exhibit D - North Carolina Construction Law 15:44, #5 Exhibit E - Brons v. 3M Company, et al (Trial Transcript), #6 Exhibit F - Order in Hammer v. State Farm Fire & Casualty Company, #7 Text of Proposed Order) (Dedman, James)
January 7, 2016 Opinion or Order Filing 295 Proposed Order Denying Plaintiffs' Motion for Stay filed by J-M Manufacturing Company, Inc. (Flynn, Stephanie)
January 7, 2016 Opinion or Order Filing 294 RESPONSE in Opposition regarding #285 MOTION to Stay filed by J-M Manufacturing Company, Inc. (Attachments: #1 Letters Testamentary) (Flynn, Stephanie)
January 7, 2016 Opinion or Order Filing 293 Proposed Order regarding #284 MOTION to Dismiss Denying Plaintiffs' Motion filed by J-M Manufacturing Company, Inc. (Flynn, Stephanie)
January 7, 2016 Opinion or Order Filing 292 RESPONSE in Opposition regarding #284 MOTION to Dismiss filed by J-M Manufacturing Company, Inc. (Attachments: #1 Letters Testamentary) (Flynn, Stephanie)
January 7, 2016 Opinion or Order Filing 291 Proposed Order regarding #290 Joint MOTION to Dismiss filed by Metropolitan Life Insurance Company. (Coltrain, Keith)
January 7, 2016 Opinion or Order Filing 290 Joint MOTION to Dismiss filed by Metropolitan Life Insurance Company. (Coltrain, Keith)
January 7, 2016 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #290 Joint MOTION to Dismiss. (Baker, C.)
January 6, 2016 Opinion or Order Filing 289 Proposed Order regarding #285 MOTION to Stay filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
January 6, 2016 Opinion or Order Filing 288 Proposed Order regarding #284 MOTION to Dismiss filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
December 23, 2015 Opinion or Order Filing 287 Certificate of Service filed by Certainteed Corporation regarding #286 Response to Motion. (McDonald, Moffatt)
December 23, 2015 Opinion or Order Filing 286 RESPONSE to Motion regarding #285 MOTION to Stay filed by Certainteed Corporation. (McDonald, Moffatt)
December 23, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #286 Response to Motion - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the 'Civil Events - Service of Process' category (Tripp, S.)
December 17, 2015 Opinion or Order Filing 285 MOTION to Stay filed by Larry Winslowe Lee. (Attachments: #1 Memorandum in Support of Motion) (Paul, Kevin)
December 17, 2015 Opinion or Order Filing 284 MOTION to Dismiss filed by Larry Winslowe Lee. (Attachments: #1 Memorandum in Support of Motion) (Paul, Kevin)
December 17, 2015 Opinion or Order NOTICE TO COUNSEL regarding #285 Motion to Stay and #284 Motion to Dismiss - At the direction of the court, counsel shall file a proposed order for each of these motions. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
December 17, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #285 Motion to Stay and #284 Motion to Dismiss - Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under 'Motions and Related Filings: Responses and Replies'. In future filings, be sure to file each pleading separately and link the memorandum to the underlying motion. No need to refile at this time. (Baker, C.)
December 14, 2015 Opinion or Order Filing 283 ORDER granting #282 Motion for Extension of Time to File Responses - The parties shall have until January 8, 2016, to file their responses to any Daubert or expert related motions. Signed by District Judge Louise Wood Flanagan on 12/14/2015. (Baker, C.)
December 14, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #282 Consent MOTION for Extension of Time to File Responses. (Baker, C.)
December 11, 2015 Opinion or Order Filing 282 Consent MOTION for Extension of Time to File Response by all parties filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Flynn, Stephanie)
December 10, 2015 Opinion or Order Notice to Counsel - Pursuant to Local Civil Rule 5.1(a)(1), effective December 1, 2015, all documents submitted for filing shall be filed electronically in text searchable format. This notice is for informational purposes only and is not a directive to refile any items already appearing on this case docket. (Baker, C.)
November 30, 2015 Opinion or Order Filing 281 Notice filed by Certainteed Corporation regarding #280 MOTION to Exclude Causation Testimony of Dr. John Maddox and Dr. Arnold Brody, #277 Memorandum in Support. (Frick, Scott)
November 30, 2015 Opinion or Order Filing 280 MOTION to Exclude Causation Testimony of Dr. John Maddox and Dr. Arnold Brody filed by Certainteed Corporation. (Frick, Scott)
November 25, 2015 Opinion or Order TEXT ORDER - In light of the voluminous nature of the parties' motion filings in the case on November 24, 2015, the court requests a courtesy paper set, tabbed and indexed, to be provided for its use to the case manager at New Bern. In addition to these motions and their accompanying memoranda and supporting documents, the court requests the filings submitted in opposition similarly to be provided in paper, and where multiple supporting documents are relied upon in opposition, that those, too, be provided, tabbed and indexed, for the court's ease of reference. Likewise, paper copies of any reply shall be provided. As to the filings already made, the parties are allowed 14 days from this date within which to comply with this order. Signed by District Judge Louise Wood Flanagan on 11/25/2015. (Baker, C.)
November 24, 2015 Opinion or Order Filing 279 Memorandum in Support regarding #278 MOTION to Exclude Warnings Testimony of Dr. Edwin Holstein filed by Certainteed Corporation. (Attachments: #1 Exhibit 1 - Deposition Holstein, #2 Exhibit 2 - Video Deposition Lee - 3/24/14, #3 Exhibit 3 - Discovery Deposition Lee - 3/25/14, #4 Exhibit 4 - Affidavit of Ambler, #5 Exhibit 5 - Affidavit Shah, #6 Exhibit 6 - Holstein Report, #7 Exhibit 7 - Holstein Curriculum Vitae, #8 Exhibit 8 - Unpublished Opinions) (Frick, Scott) Modified on 11/25/2015 to clarify docket entry text. (Baker, C.)
November 24, 2015 Opinion or Order Filing 278 MOTION to Exclude Warnings Testimony of Dr. Edwin Holstein filed by Certainteed Corporation. (Frick, Scott)
November 24, 2015 Opinion or Order Filing 277 Memorandum in Support regarding #280 MOTION to Exclude Causation Testimony of Dr. John Maddox and Dr. Arnold Brody filed by Certainteed Corporation. (Attachments: #1 Exhibit 1 - Response to Request for Production, #2 Exhibit 2 - Affidavit of Ledlow, #3 Exhibit 3 - Declaration of Engel, #4 Exhibit 4 - Declaration of Davis, #5 Exhibit 5 - Deposition of Maddox - 10/27/15, #6 Exhibit 6 - Maddox Report, #7 Exhibit 7 - Brody Report, #8 Exhibit 8 - Unpublished Opinions) (Frick, Scott) Modified on 11/25/2015 to clarify docket entry text. (Baker, C.) Modified on 11/30/2015 to link to appropriate motion. (Baker, C.)
November 24, 2015 Opinion or Order Filing 276 MOTION to Exclude Causation Testimony of Dr. John Maddox and Dr. Arnold Brody filed by Certainteed Corporation. (Frick, Scott)
November 24, 2015 Opinion or Order Filing 275 Memorandum in Support regarding #274 MOTION to Exclude Causation Testimony of Dr. Edwin Holstein filed by Certainteed Corporation. (Attachments: #1 Exhibit 1 - Certainteed's Response to Request for Production, #2 Exhibit 2 - Affidavit of Ledlow, #3 Exhibit 3 - Declaration of Engel, #4 Exhibit 4 - Declaration of Davis, #5 Exhibit 5 - Lee Video deposition 3/24/14, #6 Exhibit 6 - Deposition Lee 3/25/24, #7 Exhibit 7 - Deposition Lee 3/24/15, #8 Exhibit 8 - Deposition Lee 12/2/14, #9 Exhibit 9 - Complaint, #10 Exhibit 10 - Holstein Deposition, #11 Exhibit 11 - Holstein Report, #12 Exhibit 12 - Holstein Curriculum Vitae, #13 Exhibit 13 - Dotson Report, #14 Exhibit 14 - Holstein deposition regarding Tate, #15 Exhibit 15 - Unpublished Opinions) (Frick, Scott) Modified on 11/25/2015 to clarify docket entry text. (Baker, C.)
November 24, 2015 Opinion or Order Filing 274 MOTION to Strike Exclude Causation Testimony of Dr. Edwin Holstein filed by Certainteed Corporation. (Frick, Scott)
November 24, 2015 Opinion or Order Filing 273 Memorandum in Support regarding #272 MOTION to EXCLUDE THE TESTIMONY OF DR. MARK WICK filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Expert Report - Dr. Maddox 102014, #2 Exhibit 2 - VICTOR ROGGLI M.D 052415, #3 Exhibit 3 - Holstein Report on Larry Lee, #4 Exhibit 4 - Crapo report - 2014_12_22 Lee NC Abex, #5 Exhibit 5 - Roggli Diagnostic Report, #6 Exhibit 6 - Consensus Report Asbestos Asbestosis and Cancer The Helsinki Criteria for Diag, #7 Exhibit 7 - Consensus Report - Asbestos, Asbestosis, and Cancer The Helsinki Criteria (2014), #8 Exhibit 8 - Checkoway, #9 Exhibit 9 - Dr Mark Wick 061615) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 272 MOTION to Strike EXCLUDE THE TESTIMONY OF DR. MARK WICK filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 271 Memorandum in Support regarding #267 MOTION to EXCLUDE THE CAUSATION OPINIONS OF DEFENDANTS' EXPERTS filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Mary Finn Report 2014_12_20_Abex, #2 Exhibit 2 - Ghio Report, #3 Exhibit 3 - Crapo report - 2014_12_22 Lee NC Abex, #4 Exhibit 4 - - JAMES D. CRAPO M.D._full_CERTIFIED TRANS 072815, #5 Exhibit 5 - Crapo Reliance List, #6 Exhibit 6 - VICTOR ROGGLI, MD 062514, #7 Exhibit 7 - Roggli Expert Reports, #8 Exhibit 8 - Roggli Friction Bibliography, #9 Exhibit 9 - 06-03-15 yates day 2, #10 Exhibit 10 - Garabrant report - 2015_05_19 McCulley IA Abex-Dana, #11 Exhibit 11 - Garabrant Report, #12 Exhibit 12 - Lawson Report Lee, #13 Exhibit 13 - 2000 Quantitative Risks of Meso and Lung Hodgson, #14 Exhibit 14 - 2009_Special Report, #15 Exhibit 15 - 2012 Position on Asbestos, #16 Exhibit 16- 2010_The Case for a Global Ban on Asb, #17 Exhibit 17 - 2011_Kanarek, #18 Exhibit 18 - 2006_Asbestos book by R. Dodson 2006, #19 Exhibit 19 - Harrington JS 1991, #20 Exhibit 20 - Cohort Studies on Cancer Mortality Among Workers, #21 Exhibit 21 - Excerpts of Selikoff Lee ASBESTOS AND DISEASE 1978, #22 Exhibit 22 - Philip Landrigan The Hazards of Chrysotile Asbestos 1999, #23 Exhibit 23 - Lemen Chrysotile Asbestos as a Cause of Meso - Application of the Hill Causation 2004, #24 Exhibit 24 - Consensus Report Asbestos Asbestosis and Cancer The Helsinki Criteria for Diag, #25 Exhibit 25 - America Cancer Society Detailed Guide-Maligant Meso Dec. 21 2004, #26 Exhibit 26 - IPCS 1998_WHO - Chrysotile Asbestos, #27 Exhibit 27 - OSHA Occupational Exposure to Asbestos Tremolite Anthophylite Actinolite, #28 Exhibit 28 - US Dept of Heath and Human Services Asbestos Bibliography Sept. 1997, #29 Exhibit 29 - Smith Wright Chrysotile Asbestos Is the Main Cause of Pleural Mesothelioma AM. J. INDUS. Men 30252-66 1996, #30 Exhibit 30 - NIOSH Workplace Exposure to Asb Review and Recommendations 1980, #31 Exhibit 31 - WHO Elimination of Asb-Related Diseases 2006, #32 Exhibit 32 - CPSC Ban, #33 Exhibit 33 - NIOSH Revised Recommended Asbestos Standard 1976, #34 Exhibit 34 - EPA - The Asbestos Informer 2008, #35 Exhibit 35 - Gunnar HillerdalMesoCases Assocwith NonOccup. Low Dose Exp 1999, #36 Exhibit 36 - 2009 Surgeon Gen anncmnt Natl Asb Week 040109, #37 Exhibit 37 - Markowitz 2015, #38 Exhibit 38 - Laura Welch Asbestos Exposure Causes Meso, but Not This Asb. Exp 2007, #39 Exhibit 39 - Koonce - Order Limiting Grahams testimony, #40 Exhibit 40 - Dietz hearing transcript 4.2.09, #41 Exhibit 41 - 2012_Freeman Kohles MesoBrakeAsbestos IJOEH, #42 Exhibit 42 - 2005_Egilman Abuse of Epidemiology, #43 Exhibit 43 - 08-27-15 Hardin, #44 Exhibit 44 - Goodman et al. 2004, #45 Exhibit 45 - Teschke Report., #46 Exhibit 46 June 2015 Chemrisk Summary of Payments, #47 Exhibit 47- ARDCN 003618 Expert Payment Report 2000-2015, #48 Exhibit 48 - Exponent Payments from Ford, #49 Exhibit 49 - Depo of Rich Schlenker 2014_08_28, #50 Exhibit 50- Allen - List of Papers funded by Ford, #51 Exhibit 51 - DENNIS PAUSTENBACH, PhD_full_CERTIFIED TRANS 061715 part 1, #52 Exhibit 51 - DENNIS PAUSTENBACH, PhD_full_CERTIFIED TRANS 061715 part 2, #53 Exhibit 52- Paustenbach to Nunez, #54 Exhibit 53 - Laden Profile of Barnard Mezzanotte Pinnie Seelaus Lancaster Pennsylvania Profile, #55 Exhibit 54 - Joint Defense Agreement, #56 Exhibit 55- IJOEH-Criticism of chrysotile argument 2015, #57 Exhibit 56 - Ford Student Reference Book, #58 Exhibit 57 - Ford MSDS, #59 Exhibit 58 - Ford SP2 Endorsement, #60 Exhibit 59 - Ford Recommends Dont Blow It, #61 Exhibit 60 - BX 5117, #62 Exhibit 61 - FMSI Meeting June 1973) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 270 Notice of Joinder filed by J-M Manufacturing Company, Inc. regarding #251 MOTION in Limine regarding the Causation Testimony of Drs. Brody, Holstein, and Maddox. (Dedman, James) Modified on 11/25/2015 to clarify docket entry text and open as a pending motion. (Baker, C.)
November 24, 2015 Opinion or Order Filing 269 Memorandum in Support regarding #268 MOTION to Exclude the Opinions of John C. Maddox, M.D. filed by Pneumo Abex LLC. (Bouch, Timothy)
November 24, 2015 Opinion or Order Filing 268 MOTION to Exclude the Opinions of John C. Maddox, M.D. filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A - Maddox Depo Transcript October 27, 2015, #2 Exhibit B - Lee VA Complaint, #3 Exhibit C - Maddox Report October 20, 2014) (Bouch, Timothy)
November 24, 2015 Opinion or Order Filing 267 MOTION to EXCLUDE THE CAUSATION OPINIONS OF DEFENDANTS' EXPERTS filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 266 Memorandum in Support regarding #261 MOTION to Exclude the Opinions of Edwin C. Holstein, M.D. filed by Pneumo Abex LLC. (Bouch, Timothy)
November 24, 2015 Opinion or Order Filing 265 Memorandum in Support regarding #264 MOTION to EXCLUDE THE TESTIMONY OF MICHAEL GRAHAM filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Graham Report, #2 Exhibit 2 - JOHN GRAHAM_cond_N_CERTIFIED TRANS 092215, #3 Exhibit 3 - LEE, LARRY WINSLOWE 120214) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 264 MOTION to EXCLUDE THE TESTIMONY OF MICHAEL GRAHAM filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 263 Memorandum in Support regarding #262 MOTION to EXCLUDE THE EXPERT OPINION TESTIMONY OF MICHAEL BERRYMAN filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Berryman - Report, #2 Exhibit 2 - LEE, LARRY WINSLOWE 120214, #3 Exhibit 3 - 1118BerrymanDraft, #4 Exhibit 4 - 2001_OSHA_Rule_History) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 262 MOTION to EXCLUDE THE EXPERT OPINION TESTIMONY OF MICHAEL BERRYMAN filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 261 MOTION to Exclude the Opinions of Edwin C. Holstein, M.D. filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A - Holstein Report October 31, 2014, #2 Exhibit B - Holstein Deposition Transcript June 2, 2015, #3 Exhibit C - Lee VA Complaint, #4 Exhibit D - Plaintiff's Complaint) (Bouch, Timothy)
November 24, 2015 Opinion or Order Filing 260 Memorandum in Support regarding #259 MOTION to EXCLUDE THE TESTIMONY OF DR. RACHEL MAINES filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Maines - Report, #2 Exhibit 2 - 01-18-10 Nolan, #3 Exhibit 3 - 3-1-13 MAINES, PH.D. RACHEL, #4 Exhibit 4 - Rachel Maines 02.14.13, #5 Exhibit 5 - 11-13-15 RD Maines DRAFT) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 259 MOTION to Strike EXCLUDE THE TESTIMONY OF DR. RACHEL MAINES filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 258 Memorandum in Support regarding #257 MOTION to Strike /EXCLUDE THE TESTIMONY OF RAINA SHAH filed by Susan Provost Lee. (Attachments: #1 Exhibit 1 - 2015-03-10 Rhoades Shah Report, #2 Exhibit 2 - RAINA SHAH_cond_N_CERTIFIED TRANS 091515, #3 Exhibit 3 - 2001_OSHA_Rule_History, #4 Exhibit 4 - 1972 OSHA Asb regs, #5 Exhibit 5 - 1986 OSHA Complete, #6 Exhibit 6 - FOIA Doc.Fairfax letter to Ellman 05.13.99) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 257 MOTION to EXCLUDE THE TESTIMONY OF RAINA SHAH filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 256 Memorandum in Support regarding #255 MOTION to EXCLUDE THE TESTIMONY OF DR. CHARLES WEAVER filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - 2015-02-12 Weaver, Charles, #2 Exhibit 2 - Weaver Depo 2-1-07, #3 Exhibit 3 - Treggett v. Alfa Laval, #4 Exhibit 4 - 2012-01-09 Transcript CA Excluding Weaver Demersseman, #5 Exhibit 5 - Pretrial Excerpts Huff v Bondex 1-18-07, #6 Exhibit 6- Applequist Case, #7 Exhibit 7 - 2007-01-13 Breske Order ILWeaver Excluded, #8 Exhibit 8 - Judgment.Pitman.11.22.13.Re Exclude Weaver, #9 Exhibit 9 - 2011-09-08 - Evans Order Striking Weaver - Georgia, #10 Exhibit 10 - 2010-03-04 Transcript DE Excluding Weaver Brunk, #11 Exhibit 11 - 2011-08-25 Bacon Order Striking Weaver OK, #12 Exhibit 12 - Saenz v. A.O. Smith, #13 Exhibit 13 - Charles Weaver 062215) (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 255 MOTION to EXCLUDE THE TESTIMONY OF DR. CHARLES WEAVER filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
November 24, 2015 Opinion or Order Filing 254 Memorandum in Support regarding #253 MOTION to Exclude the Opinions of Dr. Arnold Brody filed by Pneumo Abex LLC. (Bouch, Timothy)
November 24, 2015 Opinion or Order Filing 253 MOTION to Exclude the Opinions of Dr. Arnold Brody filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A - Lee VA Complaint, #2 Exhibit B - Plaintiff's Complaint, #3 Exhibit C - Brody Report November 5, 2014, #4 Exhibit D - Garabrant Report December 29, 2014, #5 Exhibit E - Daly v. Arvinmeritor November 30, 2009, #6 Errata F - Free v. Ametek February 29, 2008) (Bouch, Timothy)
November 24, 2015 Opinion or Order Filing 252 Memorandum in Support regarding #251 MOTION in Limine regarding the Causation Testimony of Drs. Brody, Holstein, and Maddox filed by Genuine Parts Company. (McAvoy, Richard)
November 24, 2015 Opinion or Order Filing 251 MOTION in Limine regarding the Causation Testimony of Drs. Brody, Holstein, and Maddox filed by Genuine Parts Company. (Attachments: #1 Exhibit A - Holstein Deposition, #2 Exhibit B - Brody Report, #3 Exhibit C - Larry Lee SS Printout (Exhibit 5 to Larry Lee Discovery Deposition Dec. 2, 2014), #4 Exhibit D - Larry Lee Discovery Deposition Mar. 24, 2014, #5 Exhibit E - Lawson Report, #6 Exhibit F - Maddox Deposition, #7 Exhibit G - Iwatsubo Study, #8 Exhibit H - Rodelsperger Study, #9 Exhibit I - Roggli Study, #10 Exhibit J - Hickish and Knight Study, #11 Exhibit K - Roelofs Study, #12 Exhibit L - Rolland Study, #13 Exhibit M - Everatt Study, #14 Exhibit N - Lacourt Study, #15 Exhibit O - Helsinki Criteria, #16 Exhibit P -Jung Study, #17 Exhibit Unpublished Opinions) (McAvoy, Richard)
November 24, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #239 MOTION to Seal and #238 PROPOSED SEALED MOTION. (Baker, C.)
November 20, 2015 Opinion or Order Filing 250 Memorandum in Support regarding #249 MOTION to Strike #246 Response, Or, In The Alternative, To Seal Plaintiffs Supplemental Response To Defendant J-M Manufacturing Company, Inc.s Motion To Compel Compliance With Court Order filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Lucarelli v. DVA Renal Healthcare, Inc, #3 Exhibit B - McNeil v. Polk, #4 Exhibit C - Thomas v. Cumberland Cnty. Sch) (Dedman, James)
November 20, 2015 Opinion or Order Filing 249 MOTION to Strike #246 Response, Or, In The Alternative, To Seal Plaintiffs Supplemental Response To Defendant J-M Manufacturing Company, Inc.s Motion To Compel Compliance With Court Order filed by J-M Manufacturing Company, Inc. (Dedman, James)
November 18, 2015 Opinion or Order Filing 248 Certificate of Service filed by Larry Winslowe Lee, Susan Provost Lee regarding #247 Notice of Appearance for Non-District Counsel Samuel I. Iola. (Iola, Samuel)
November 18, 2015 Opinion or Order Filing 247 Notice of Appearance for non-district counsel by Samuel I. Iola on behalf of Larry Winslowe Lee, Susan Provost Lee. (Iola, Samuel)
November 16, 2015 Opinion or Order Filing 246 *STRICKEN pursuant to #320 ORDER* - RESPONSE regarding #230 Response in Opposition to Motion - SUPPLEMENTAL RESPONSE TO DFEFENDANT J-M MANUFACTURING COMPANY, INC.'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit A - Paulus Order, #2 Exhibit B - Warren Order) (Paul, Kevin) Modified on 3/28/2016 to edit entry security per #320 ORDER. (Baker, C.)
November 12, 2015 Opinion or Order Filing 245 Certificate of Service filed by Larry Winslowe Lee, Susan Provost Lee regarding #244 Notice of Appearance for Non-District Counsel. (Henderson, David)
November 12, 2015 Opinion or Order Filing 244 Notice of Appearance for non-district counsel by David W. Henderson on behalf of Larry Winslowe Lee, Susan Provost Lee. (Henderson, David)
November 12, 2015 Opinion or Order Filing 243 Notice of Appearance for non-district counsel David W. Henderson by Janet Ward Black on behalf of All Plaintiffs. (Black, Janet Ward) Modified on 11/12/2015 to clarify docket entry text. (Baker, C.)
November 12, 2015 Opinion or Order Notice to Counsel regarding #243 Notice of Appearance for Non-District Counsel filed by Janet Ward Black on behalf of David W. Henderson - Each attorney must file his or her own Notice of Appearance under their own user account. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website at www.nced.uscourts.gov. (Baker, C.)
October 29, 2015 Opinion or Order Filing 242 Notice of Appearance filed by Amaryah K. Bocchino on behalf of J-M Manufacturing Company, Inc. (Bocchino, Amaryah)
October 27, 2015 Opinion or Order Filing 241 Proposed Order regarding #239 MOTION to Seal #238 PROPOSED SEALED MOTION (Selected Participants Only)by J-M Manufacturing Company, Inc. (available to: Defendant J-M Manufacturing Company, Inc., Plaintiffs Larry Winslowe Lee, Susan Provost Lee) filed by J-M Manufacturing Company, Inc. (Dedman, James)
October 27, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #239 Motion to Seal - Pursuant to the judge's practice preferences available on the court's website, counsel must file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category and linked to the underlying motion it relates to on the docket. (Baker, C.)
October 26, 2015 Opinion or Order Filing 240 PROPOSED SEALED Memorandum in Support (Selected Participants Only)by J-M Manufacturing Company, Inc. (available to: Defendant J-M Manufacturing Company, Inc., Plaintiffs Larry Winslowe Lee, Susan Provost Lee) regarding #239 MOTION to Seal #238 PROPOSED SEALED MOTION (Selected Participants Only)by J-M Manufacturing Company, Inc. (available to: Defendant J-M Manufacturing Company, Inc., Plaintiffs Larry Winslowe Lee, Susan Provost Lee) . (Dedman, James)
October 26, 2015 Opinion or Order Filing 239 MOTION to Seal #238 PROPOSED SEALED MOTION (Selected Participants Only)by J-M Manufacturing Company, Inc. (available to: Defendant J-M Manufacturing Company, Inc., Plaintiffs Larry Winslowe Lee, Susan Provost Lee) filed by J-M Manufacturing Company, Inc. (Dedman, James)
October 26, 2015 Opinion or Order Filing 238 SEALED MOTION for Further Order Concerning Plaintiffs' Counsel's Continued Use of Attorney-Client Privileged information and for Sealing of Transcript (Selected Participants Only) by J-M Manufacturing Company, Inc. (available to: Defendant J-M Manufacturing Company, Inc., Plaintiffs Larry Winslowe Lee, Susan Provost Lee). (Attachments: #1 Memorandum in Support of Motion Filed Under Seal, #2 Deposition Transcript, #3 Authority, #4 Authority, #5 Text of Proposed Order) (Dedman, James) Modified on 3/28/2016 to remove 'proposed' from docket text pursuant to #320 ORDER. (Baker, C.)
October 26, 2015 Opinion or Order Filing 237 Notice of Appearance filed by Jessica L. Reno on behalf of J-M Manufacturing Company, Inc. (Reno, Jessica)
October 20, 2015 Opinion or Order Filing 236 Notice of Appearance filed by Ryan W. Browning on behalf of J-M Manufacturing Company, Inc. (Browning, Ryan)
September 24, 2015 Opinion or Order Motion Resubmitted to District Judge Louise Wood Flanagan - #226 MOTION to Compel Compliance With Court Order. (Baker, C.)
September 23, 2015 Opinion or Order Filing 235 REPLY to Response to Motion regarding #226 MOTION to Compel Compliance With Court Order filed by J-M Manufacturing Company, Inc. (Attachments: #1 Exhibit A - Hardy v. Astrue, #2 Exhibit B - Fuller v. Interview, Inc., #3 Exhibit C - David A. Shaw, Esq., #4 Exhibit D - Doctors Co. v. Bennett Bigelow & Leedom, P.S.) (Dedman, James)
September 15, 2015 Opinion or Order Filing 232 ORDER granting #231 Motion for Extension of Time For All Parties To Take Additional Expert Depositions And File Expert Related Motions - Signed by District Judge Louise Wood Flanagan on 09/15/2015. (Baker, C.)
September 15, 2015 Opinion or Order Motion No Longer Submitted to District Judge Louise Wood Flanagan (to allow time for filing of reply) - #226 MOTION to Compel Compliance With Court Order. (Baker, C.)
September 14, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #231 Joint MOTION for Extension of Time For All Parties To Take Additional Expert Depositions And File Expert Related Motions and #226 MOTION to Compel Compliance With Court Order. (Baker, C.)
September 13, 2015 Opinion or Order Filing 231 Joint MOTION for Extension of Time For All Parties To Take Additional Expert Depositions And File Expert Related Motions filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Dedman, James)
September 11, 2015 Opinion or Order Filing 230 RESPONSE in Opposition regarding #226 MOTION to Compel Compliance With Court Order filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
September 10, 2015 Opinion or Order Filing 229 Notice of Appearance filed by William C. Massey on behalf of Genuine Parts Company. (Massey, William)
September 1, 2015 Opinion or Order Filing 234 Redacted Public Version of Exhibit B - JMM MCINTYPR OFFICIAL TX regarding #224 CERTIFICATE of Counsel. (Baker, C.)
August 24, 2015 Opinion or Order Filing 228 Proposed Order regarding #226 MOTION to Compel Compliance With Court Order filed by J-M Manufacturing Company, Inc. (Dedman, James)
August 22, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #226 Motion to Compel - At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
August 21, 2015 Opinion or Order Filing 227 Memorandum in Support regarding #226 MOTION to Compel Compliance With Court Order filed by J-M Manufacturing Company, Inc. (Attachments: #1 Exhibit A - Correspondence Between J-MM's Counsel and Plaintiffs' Counsel, #2 Exhibit B - Fuller v. Interview, Inc. (Unpublished Case), #3 Exhibit C- Los Angeles Bar Association Formal Opinion 475, #4 Exhibit D - Bar Association of San Francisco Formal Opinion 1996-1, #5 Exhibit E - Washington Rule of Professional Conduct 1.15, #6 Exhibit F - Washington State Bar Association Advisory Opinion 2211, #7 Exhibit G - Washington State Bar Association Advisory Opinion 181) (Dedman, James)
August 21, 2015 Opinion or Order Filing 226 MOTION to Compel Compliance With Court Order filed by J-M Manufacturing Company, Inc. (Dedman, James)
August 19, 2015 Opinion or Order Filing 225 RESPONSE regarding #224 Certificate of Counsel filed by J-M Manufacturing Company, Inc. (Dedman, James)
August 19, 2015 Opinion or Order TEXT ORDER regarding #225 Response filed by J-M Manufacturing Company, Inc. and #224 Certificate of Counsel, filed by Larry Winslowe Lee, Susan Provost Lee - While the court has agreed that Exhibit B to the Supplemental Certification filed by and on behalf of plaintiffs through Kevin W, Paul, Esq. of the law firm of Simon Greenstone Panatier Bartlett, P.C., should be sealed, and directed this date the clerk to take such action, the court is not inclined to respond further to letter request for relief, filed in this instance on the docket at entry no. 225, by and on behalf of defendant J-M Manufacturing Company, Inc. through counsel. Said letter request sounds as a motion to compel compliance with court order. If such motion shall be maintained it shall be properly filed and supported in accordance with the Local Civil Rules. Signed by District Judge Louise Wood Flanagan on 08/19/2015. (Baker, C.)
August 17, 2015 Opinion or Order Filing 224 CERTIFICATE of Counsel regarding #217 SEALED Order, #221 Order - Supplemental Certification of Compliance with Court Order (D.E. 217) by Kevin W. Paul on behalf of Larry Winslowe Lee, Susan Provost Lee (Attachments: #1 Exhibit A - Paulus Hearing, #2 Exhibit B - JMM MCINTYPR OFFICIAL TX) (Paul, Kevin)
August 17, 2015 Opinion or Order Filing 223 CERTIFICATE of Counsel regarding #221 Order Plaintiffs Certificate of compliance with Court Order D.E. 221 with Certificate of Service by Janet Ward Black on behalf of Larry Winslowe Lee, Susan Provost Lee (Black, Janet Ward)
August 12, 2015 Opinion or Order TEXT ORDER regarding #222 Notice filed by J-M Manufacturing Company, Inc. - Upon receipt of and review of defendant J-M Manufacturing Company, Inc.'s objection (DE 222), the court directs supplementation by local counsel of that certification filed on the record August 10, 2015, (DE 219), confirming status of disposition of any copy of Exhibit 12 separately maintained by local counsel. This shall evidence also local counsel's joinder in that certification filed August 10, 2015, obviating need for any refiling of same. Finally, local counsel shall state whether the subject document is still maintained by her or on behalf of her law firm. Said supplementation shall be filed by August 17, 2015. By that same date, the special appearance attorney also shall supplement the original certification with information as to whether Simon Greenstone Panatier Bartlett, P.C. still maintains the subject document. Signed by District Judge Louise Wood Flanagan on 08/12/2015. (Baker, C.)
August 10, 2015 Opinion or Order Filing 222 Notice filed by J-M Manufacturing Company, Inc. regarding #219 Certificate of Counsel of Local Civil Rule 83.1(e)(4) Objection. (Attachments: #1 Text of Proposed Order) (Dedman, James)
August 3, 2015 Opinion or Order Filing 219 CERTIFICATE of Counsel regarding #217 SEALED Order - Plaintiffs' Certification of Compliance with Court Order (D.E. 217) by Kevin W. Paul on behalf of Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
August 3, 2015 Opinion or Order Filing 218 CERTIFICATE of Counsel regarding #164 Memorandum in Opposition by Kevin W. Paul on behalf of Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
July 30, 2015 Opinion or Order Filing 221 ORDER granting #170 MOTION to Strike and MOTION for Protective Order - Redacted Public Version of #217 SEALED ORDER. Signed by District Judge Louise Wood Flanagan on 07/29/2015. (Baker, C.)
July 30, 2015 Opinion or Order Filing 217 SEALED ORDER granting #170 MOTION to Strike and MOTION for Protective Order - While none of the materials submitted in association with the instant motion were filed under seal, out of an abundance of caution, the court provisionally has sealed this order where reference to certain sealed evidence is made herein. Within 14 days, the parties jointly shall either inform the court of their consent to the unsealing of this order, or return to the court by U.S. Mail, addressed to the case manager, a copy of this order jointly marked to reflect any perceived necessary redactions. Upon the court's inspection and approval, a redacted copy of this sealed order then will be made a part of the public record. Signed by District Judge Louise Wood Flanagan on 07/29/15. (Baker, C.)
July 27, 2015 Opinion or Order Filing 216 ORDER granting #144 Motion for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause) - The parties shall have 60 days to file any motions raising issues pursuant to Federal Rules of Evidence 702, 703, or 705, Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) or similar case law. Signed by District Judge Louise Wood Flanagan on 7/27/2015. (Tripp, S.)
July 24, 2015 Opinion or Order Filing 215 ORDER granting #214 Motion to Withdraw as Attorney - Attorney Sarah M. Bowman terminated as counsel for defendant J-M Manufacturing Company, Inc. Signed by District Judge Louise Wood Flanagan on 07/24/2015. (Baker, C.)
July 24, 2015 Opinion or Order Filing 214 MOTION to Withdraw as Attorney filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
July 24, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #214 MOTION to Withdraw as Attorney. (Baker, C.)
July 22, 2015 Opinion or Order Filing 213 ORDER granting #212 Motion to Dismiss Defendant Kawasaki Motors Corp., U.S.A. - Signed by District Judge Louise Wood Flanagan on 07/22/2015. (Baker, C.)
July 22, 2015 Opinion or Order Filing 212 Joint MOTION to Dismiss filed by Kawasaki Motors Corp., U.S.A. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
July 22, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #212 Joint MOTION to Dismiss. (Baker, C.)
July 20, 2015 Opinion or Order Filing 211 ORDER denying #156 Motion for Summary Judgment, styled as a "Notice of Joinder" - Signed by District Judge Louise Wood Flanagan on 07/19/2015. (Baker, C.)
July 16, 2015 Opinion or Order Filing 210 ORDER granting #148 Motion for Summary Judgment and granting in part and denying in part #151 Motion for Summary Judgment - Signed by District Judge Louise Wood Flanagan on 07/16/2015. (Baker, C.)
June 29, 2015 Opinion or Order Filing 209 Notice of Appearance filed by Carrie Lin on behalf of Formosa Plastics Corporation U.S.A. (Lin, Carrie)
June 29, 2015 Opinion or Order Filing 208 Notice of Appearance filed by Carrie Lin on behalf of J-M Manufacturing Company, Inc. (Lin, Carrie)
June 25, 2015 Opinion or Order Filing 207 Notice of Appearance for non-district counsel by Elizabeth R. Geise on behalf of Certainteed Corporation. (Geise, Elizabeth)
June 23, 2015 Opinion or Order Filing 206 Notice of Appearance for non-district counsel Elizabeth R. Geise by Charles M. Sprinkle, III on behalf of Certainteed Corporation. (Sprinkle, Charles) Modified on 6/23/2015 to clarify docket entry text. (Baker, C.)
June 23, 2015 Opinion or Order Notice to Counsel regarding #206 Notice of Appearance for Non-District Counsel and #205 Notice of Appearance - Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. If needed, the appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website at www.nced.uscourts.gov. (Baker, C.)
June 22, 2015 Opinion or Order Filing 205 Notice of Appearance of Charles E. Soechting, Jr. filed by Janet Ward Black on behalf of All Plaintiffs. (Black, Janet Ward) Modified on 6/23/2015 to clarify docket entry text. (Baker, C.)
June 9, 2015 Opinion or Order Filing 204 Reply regarding #190 NOTICE of Suggestion of Florida Law filed by Certainteed Corporation. (McDonald, Moffatt) Modified on 6/9/2015 to clarify docket entry text. (Baker, C.)
May 29, 2015 Opinion or Order Filing 203 NOTICE of Appearance by Christopher O. Massenburg on behalf of J-M Manufacturing Company, Inc. (Massenburg, Christopher)
May 29, 2015 Opinion or Order Filing 202 NOTICE of Appearance by Christopher O. Massenburg on behalf of Formosa Plastics Corporation U.S.A. (Massenburg, Christopher)
May 29, 2015 Opinion or Order Filing 201 NOTICE of Appearance by John T. Hugo on behalf of J-M Manufacturing Company, Inc. (Hugo, John)
May 29, 2015 Opinion or Order Filing 200 NOTICE of Appearance by John T. Hugo on behalf of Formosa Plastics Corporation U.S.A. (Hugo, John)
May 29, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #197 Notice of Appearance, #198 Notice of Appearance, #196 Notice of Appearance, and #199 Notice of Appearance - A Certificate of Service should have accompanied these filings pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Courts CM/ECF Electronic Policies and Procedures Manual. Counsel is directed to file the Certificates of Service using the event code titled as such located under the "Service of Process" category of civil filing events. (Baker, C.)
May 28, 2015 Opinion or Order Filing 199 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #203 * - NOTICE of Appearance by Christopher O. Massenburg on behalf of J-M Manufacturing Company, Inc. (Massenburg, Christopher) Modified on 5/30/2015 to insert refiling information. (Baker, C.)
May 28, 2015 Opinion or Order Filing 198 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #202 * -NOTICE of Appearance by Christopher O. Massenburg on behalf of Formosa Plastics Corporation U.S.A. (Massenburg, Christopher) Modified on 5/30/2015 to insert refiling information. (Baker, C.)
May 28, 2015 Opinion or Order Filing 197 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #201 * -NOTICE of Appearance by John T. Hugo on behalf of J-M Manufacturing Company, Inc. (Hugo, John) Modified on 5/30/2015 to insert refiling information. (Baker, C.)
May 28, 2015 Opinion or Order Filing 196 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #200 * - NOTICE of Appearance by John T. Hugo on behalf of Formosa Plastics Corporation U.S.A. (Hugo, John) Modified on 5/30/2015 to insert refiling information. (Baker, C.)
May 27, 2015 Opinion or Order Filing 195 NOTICE by Genuine Parts Company of Suggestion of Florida Law (Attachments: #1 Exhibit A: Larry Lee Deposition Excerpts, #2 Exhibit B: Susan Lee Deposition Excerpts) (McAvoy, Richard)
May 26, 2015 Opinion or Order Filing 194 Memorandum in Opposition regarding #190 NOTICE of Suggestion of Florida Law filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Larry Lee Video Volume 1 032414, #2 Exhibit 2 - Holstein Report on Larry Lee with style, #3 Exhibit 3 - Expert Report - Dr. Maddox 102014 PART 1, #4 Exhibit 3 - Expert Report - Dr. Maddox 102014 PART 2) (Paul, Kevin) Modified on 5/26/2015 to clarify docket entry text. (Baker, C.)
May 18, 2015 Opinion or Order Filing 193 REPLY to Response to Motion regarding #170 MOTION to Strike and MOTION for Protective Order filed by J-M Manufacturing Company, Inc. (Attachments: #1 Exhibit Certificate of Service, #2 Exhibit A - June 2012 Clawback Correspondence to Simon Greenstone Firm, #3 Exhibit B - Expert Report of Rachel Maines, #4 Exhibit C - Harmston v. City and County of San Francisco, #5 Exhibit D - Hunter Engineering Co. v. Hennessy Industries, Inc., #6 Exhibit E - Metric Constructors, Inc. v. Bank of Tokyo-Mitsubishi, Ltd., #7 Exhibit F - United Stationers Supply Co. v. King) (Dedman, James)
May 18, 2015 Opinion or Order Motion Submitted to District Judge Louise W. Flanagan - #170 MOTION to Strike and MOTION for Protective Order. (Baker, C.)
May 11, 2015 Opinion or Order Filing 192 ORDER granting #191 Joint Motion to Dismiss Defendant Honeywell International, Inc. - Signed by District Judge Louise Wood Flanagan on 05/11/2015. (Baker, C.)
May 11, 2015 Opinion or Order Filing 191 Joint MOTION to Dismiss by Honeywell International, Inc. (Attachments: #1 Text of Proposed Order) (Davis, H.)
May 11, 2015 Opinion or Order Filing 190 NOTICE of Suggestion of Florida Law filed by Certainteed Corporation. (Attachments: #1 Exhibit 1 - Lee Deposition Excerpts) (McDonald, Moffatt) Modified on 5/11/2015 to clarify docket entry text. (Baker, C.)
May 11, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #191 Joint MOTION to Dismiss. (Baker, C.)
May 8, 2015 Opinion or Order TEXT ORDER granting #186 MOTION for Clarification regarding #170 MOTION to Strike and MOTION for Protective Order and granting #188 Motion to Expedite Ruling - The motion of defendant J-M Manufacturing Company, Inc. ("J-MM") to expedite ruling (DE 188) is ALLOWED. The court accepts plaintiff's response at issue as timely filed, and herein permits defendant J-MM a 10 day period from and after this date within which to file any reply. In this part, the motion for clarification (DE 186) is ALLOWED. Request for oral argument by defendant J-MM is noted; however where any hearing is within the court's discretion, there being no issue remaining to rule upon as it relates to DE 186, the clerk shall mark that motion now as terminated. Signed by District Judge Louise Wood Flanagan on 05/08/2015. (Baker, C.)
May 7, 2015 Opinion or Order Filing 189 Memorandum in Support regarding #188 MOTION to Expedite Ruling on Motion for Clarification and Request for Oral Argument filed by J-M Manufacturing Company, Inc. (Bowman, Sarah)
May 7, 2015 Opinion or Order Filing 188 MOTION to Expedite Ruling on Motion for Clarification and Request for Oral Argument by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
May 7, 2015 Opinion or Order Filing 187 Memorandum in Support regarding #186 MOTION Clarification and Request for Oral Argument regarding #170 MOTION to Strike and MOTION for Protective Order filed by J-M Manufacturing Company, Inc. (Bowman, Sarah)
May 7, 2015 Opinion or Order Filing 186 MOTION Clarification and Request for Oral Argument regarding #170 MOTION to Strike and MOTION for Protective Order by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
May 7, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #186 MOTION for Clarification and Request for Oral Argument regarding #170 MOTION to Strike and MOTION for Protective Order, #148 MOTION for Summary Judgment, #144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause), #151 MOTION for Summary Judgment, #188 MOTION to Expedite Ruling on Motion for Clarification and Request for Oral Argument, and #156 MOTION for Summary Judgment. (Baker, C.)
May 5, 2015 Opinion or Order Filing 185 CERTIFICATE OF SERVICE by Larry Winslowe Lee, Susan Provost Lee regarding #184 Response in Opposition to Motion. (Paul, Kevin)
May 5, 2015 Opinion or Order Filing 184 RESPONSE in Opposition regarding #170 MOTION to Strike and MOTION for Protective Order filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Dianna Lyons Affidavit, #2 Exhibit 2 - DawesA_Verbatim Report ofProceedings_120326_James Reichert & Dr Peter Barrett, #3 Exhibit 3 - Paulus Hearing, #4 Exhibit 4 - Washington Order) (Paul, Kevin)
May 5, 2015 Opinion or Order Filing 183 NOTICE of Appearance by James M. Dedman, IV on behalf of J-M Manufacturing Company, Inc. (Dedman, James)
May 5, 2015 Opinion or Order Filing 182 NOTICE of Appearance by James M. Dedman, IV on behalf of Formosa Plastics Corporation U.S.A. (Dedman, James)
May 1, 2015 Opinion or Order Filing 181 ORDER granting #177 Motion for Extension of Time To File Expert Report - Defendant Pneumo Abex, LLC shall have until May 30, 2015, in which to serve the expert report of Dr. Victor Roggli. Signed by District Judge Louise Wood Flanagan on 05/01/2015. (Baker, C.)
May 1, 2015 Opinion or Order Filing 180 Proposed Order regarding #177 MOTION for Extension of Time To File Expert Report filed by Pneumo Abex LLC. (Bouch, Timothy)
May 1, 2015 Opinion or Order Filing 179 ORDER granting #178 Motion for Extension of Time to Serve Expert Report and Disclosure - The deadline for Genuine Parts Company to serve Dr. Victor Roggli's report and the related Rule 26 disclosures is extended to and including June 1, 2015. Signed by District Judge Louise Wood Flanagan on 05/01/2015. (Baker, C.)
May 1, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagna - #177 MOTION for Extension of Time To File Expert Report and #178 MOTION for Extension of Time to Serve Expert Report and Disclosure. (Baker, C.)
May 1, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding: #177 Motion for Extension of Time - Pursuant to Local Civil Rule 6.1, and the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
April 30, 2015 Opinion or Order Filing 178 MOTION for Extension of Time to Serve Expert Report and Disclosure by Genuine Parts Company. (Attachments: #1 Text of Proposed Order) (McAvoy, Richard)
April 30, 2015 Opinion or Order Filing 177 MOTION for Extension of Time To File Expert Report by Pneumo Abex LLC. (Bouch, Timothy)
April 17, 2015 Opinion or Order Filing 176 REPLY to Response to Motion regarding #146 MOTION for Joinder #156 Notice of Joinder filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A-Indelicato Deposition, #2 Exhibit B-Jones Letter, #3 Exhibit C-Frantz Deposition) (Bouch, Timothy)
April 16, 2015 Opinion or Order Filing 175 REPLY to Response to Motion regarding #144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause) filed by Genuine Parts Company. (McAvoy, Richard)
April 14, 2015 Opinion or Order Filing 174 REPLY to Response to Motion regarding #148 MOTION for Summary Judgment filed by Formosa Plastics Corporation U.S.A. (Bowman, Sarah)
April 14, 2015 Opinion or Order Filing 173 REPLY to Response to Motion regarding #151 MOTION for Summary Judgment filed by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Amended Proposed Order) (Bowman, Sarah)
April 14, 2015 Opinion or Order Filing 172 AFFIDAVIT of John T. Hugo, Esq. regarding #170 MOTION to Strike and MOTION for Protective Order by J-M Manufacturing Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Undated Affidavit of Dianna Lyons, #3 Exhibit 2 - Letter from Francis E. Hernandez dated February 21, 2003, #4 Exhibit 3 - Invoices from Stanley Electric Motor Co. Inc., Guntert Sales Division Inc., and Acme Machine Products, #5 Exhibit 4 - Relevant portions of transcript hearing before Honorable John R. Hickman on March 26, 2012 in Dawes v. Certainteed Corporation, et. al., #6 Exhibit 5 - Letter from Helen Lucetto, #7 Exhibit 6 - Order dated September 15, 2014 from Mariposa County, #8 Exhibit 7 - Order dated May 8, 2013 from San Francisco County, #9 Exhibit 8 - Order dated November 22, 2013 from San Francisco County, #10 Exhibit 9 - Order dated November 22, 2013 from Alameda County, #11 Exhibit 10 - Transcript from hearing before Honorable Jo-Lynne Q. Lee, #12 Exhibit 11 - Order dated September 5, 2012 from Los Angeles County, #13 Exhibit 12 - Order dated February 15, 2013 from Los Angeles County, #14 Exhibit 13 - Order dated March 1, 2013 from Alameda County, #15 Exhibit 14 - Relevant portions of transcript from hearing before Honorable Jo-Lynne Q. Lee, #16 Exhibit 15 - Relevant portions of transcript from hearing before Honorable Emilie H. Elias, #17 Exhibit 16 - Order dated October 16, 2013 from Los Angeles County, #18 Exhibit 17 - Order dated 5/27/2014 from Alameda County) (Bowman, Sarah)
April 14, 2015 Opinion or Order Filing 171 Memorandum in Support regarding #170 MOTION to Strike and MOTION for Protective Order filed by J-M Manufacturing Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A- Plaintiffs Responses to JMMs Interrogatories, #3 Exhibit B - Plaintiffs Responses to JMMs Requests for Production, #4 Exhibit C- Plaintiffs Amended Responses to JMMs Interrogatories, #5 Exhibit D - Email from Amaryah Bocchino to Kevin Paul dated April 2, 2015, #6 Exhibit E - Email from Amaryah Bocchino to Kevin Paul dated April 8, 2015, #7 Exhibit F - Royal Embassy v. Steamship, #8 Exhibit North Carolina v. McIntosh, #9 Exhibit G - Southern Rehab Network v. Sharpe, #10 Exhibit H - Ohio Casualty v. Firemans, #11 Exhibit I - Metric Constructors, Inc. v. The Bank of Tokyo-Mitsubishi, #12 Exhibit J - Burroughs Welcome Co. v. Barr Laboratories, #13 Exhibit L - Parkway Gallery Furniture Inc. v. Kittinger, #14 Exhibit M - In re Grand Jury Investigation) (Bowman, Sarah)
April 14, 2015 Opinion or Order Filing 170 MOTION to Strike and, MOTION for Protective Order by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
April 6, 2015 Opinion or Order Filing 169 Memorandum in Opposition regarding #158 Memorandum in Support, #168 Memorandum in Opposition REDACTED VERSION OF EXHIBIT 12 TO DOC. 164 filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
April 6, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #169 Redacted Version of Exhibit 12 - The document attached to this entry is blank. Counsel is directed to refile the item. (Baker, C.)
April 2, 2015 Opinion or Order Filing 168 Memorandum in Opposition regarding #148 MOTION for Summary Judgment - (Redacted version of Docket Entry 164) filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 167 Memorandum in Opposition regarding #156 Notice - Regarding Defendant Pneumo Abex LLC's Notice of Joinder filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Larry Lee Video Volume 1 032414, #2 Exhibit 2 - Holstein Report on Larry Lee with style, #3 Exhibit 3 - Expert Report - Dr. Maddox 102014, #4 Exhibit 4 - Abex Answers and Objections to Interrogatories, Bell v. Bendix, Oct. 1, 1985, #5 Exhibit 5 - Abex, Responses to Interrogatories, Kane v. Johns-Manville, July 14, 1984, #6 Exhibit 6 - Deposition of Paul Lecour_120809, #7 Exhibit 7 - Lee -- Objections and Responses to Plaintiffs' Interrogatories, #8 Exhibit 8 - EPA, June 1986, #9 Exhibit 9 - EPA 2007 Previous Asbestos Exposure Among Brake, #10 Exhibit 10 - Hickish & Knight - Exposure to Asbestos During Brake Maintenanace, #11 Exhibit 11 - Rohl, et al Asbestos Exposure During Brake Lining Maintenance, #12 Exhibit 12 - Minutes of the FMSI, February 16, 1973, #13 Exhibit 13 - 2004 Atkinson abstract 'Eval of size and type free partic', #14 Exhibit 14 - Deposition of William Buccella 3-26-09, #15 Exhibit 15 - Letter to Gardner and Memorandum, Nov. 20, 1936, #16 Exhibit 16 - Castleman, Asbestos Medical and Legal Aspects, #17 Exhibit 17 - Letter from Brown of JM to Kelly, Nov. 12, 1948, #18 Exhibit 18 - Pneumo Answers to Interrogatories and Requests for Production of Documents, #19 Exhibit 19 - Hamlin, Industrial Dust - The Pneumoconiosis, #20 Exhibit 20 - Merewether, Report on the Effects..., 1930, #21 Exhibit 21 - Hamlin LE, Industrial Dusts - What Every Supervisor Should Know, 39th NSC, #22 Exhibit 22 - IHF Foundation Facts 1940, #23 Exhibit 23 - IHF Foundation Facts 1941, #24 Exhibit 24 - IHF Industrial Hygiene Digest - Jan 1945, #25 Exhibit 25 - IHF Industrial Hygiene Digest - Apr 1955, #26 Exhibit 26 - Letter from Blackwell to Veenstra, Oct. 13, 1964, #27 Exhibit 27 - Letter from Blackwell to Rennie, May 10, 1972, #28 Exhibit 28 - Letter from Blackwell to Pogsin, Aug. 13, 1971, #29 Exhibit 29 - Letter from Blackwell to Rennie, Aug. 22, 1975, #30 Exhibit 30 - Letter from Knoch to Conway, July 2, 1981, #31 Exhibit 31 - Letter from Iwarsson to Conway, May 27, 1980, #32 Exhibit 32 - Letter from Bagley to Abex Heavy Distribs. Aug. 27, 1986) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 166 Memorandum in Opposition regarding #148 MOTION for Summary Judgment filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Larry Lee Video Volume 1 032414, #2 Exhibit 2 - Robert Lee 052814 condensed, #3 Exhibit 3 - Holstein Report on Larry Lee with style, #4 Exhibit 4 - Expert Report - Dr. Maddox 102014, #5 Exhibit 5 - James Reichert 9.14.11, #6 Exhibit 6 - JMM Advertisement, #7 Exhibit 7 - Operations Management Ageerment 12-30-86, #8 Exhibit 8 - Invoice to LA Utilities Supply Co 5-31-83, #9 Exhibit 9 - J-M's Responses & Objections to Plaintiffs' Interrogatorie, #10 Exhibit 10 - Alice Nightingale 10-6-11, #11 Exhibit 11 - Organization Charts for JMM & Formosa.pdf, #12 Exhibit 12 - Dun and Bradstreet Report 8-7-85, #13 Exhibit 13 - J-M Policy & Procedure Manual April 1986, #14 Exhibit 14 - Lists of Officers & Directors of JMM & JM AC, #15 Exhibit 15 - Charles Ray Collins 8-10-10, #16 Exhibit 16 - Memo to Wang & Stock Certificate, #17 Exhibit 17 - Dun & Bradstreet Report 10-31-85, #18 Exhibit 18 - Consent of Directors of JMM 2-6-87, #19 Exhibit 19 - Certificate of Corp Resolutions...3-24-83, #20 Exhibit 20 - J-M AC account card for Mercantile Nationall, #21 Exhibit 21 - Operations Management Agrmt 12-1-87, #22 Exhibit 22 - Special Action of the Board of Directors 7-30-83, #23 Exhibit 23 - J-M AC Authorization Chart 3-12-84, #24 Exhibit 24 - JMM Authorization Charts 4-20-83, #25 Exhibit 25 - C-Borrower Agrmt 2-1-83, #26 Exhibit 26 - Bank of America letter 9-19-84, #27 Exhibit 27 - Bank of America letter 10-7-85, #28 Exhibit 28 - Bank of America letter 11-15-85, #29 Exhibit 29 - JMM Internal Corres 4-21-83 & 4-19-83, #30 Exhibit 30 - Formosa Memo 1-28-88, #31 Exhibit 31 - Letter from Cigna 4-17-85, #32 Exhibit 32 - JMM Memo 8-22-86, #33 Exhibit 33 - Report from Gerald Garrett & Assoc 5-24-88, #34 Exhibit 34 - JMM Memo 4-22-88, #35 Exhibit 35 - J-M AC Memo 1-30-86, #36 Exhibit 36 - Manager's Notice 10-5-83, #37 Exhibit 37 - Memorandum from Andrew Yr 6-13-86, #38 Exhibit 38 - Consolidated Balance Sheet 12-31-82, #39 Exhibit 39 - JMM Operation Performance Report 1985 Year End, #40 Exhibit 40 - Memorandum to Wilfred Wang 9-8-86, #41 Exhibit 41 - JMM Memorandum to Susan Wang 9-26-86, #42 Exhibit 42 - Action by Consent of the Board 12-30-88, #43 Exhibit 43 - JMM Operation Performance Report, December 1987) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 165 Memorandum in Opposition regarding #144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause) filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - Larry Lee Video Vol 1 032414, #2 Exhibit 2 - Holstein Report on Larry Lee with style, #3 Exhibit 3 - Expert Report - Dr. Maddox 102014, #4 Exhibit 4 - Lee -- Objections and Responses to Plaintiffs' Interrogatories, #5 Exhibit 5 - Deposition of Paul Lecour_120809, #6 Exhibit 6 - EPA, June 1986, #7 Exhibit 7 - EPA 2007 Previous Asbestos Exposure Among Brake, #8 Exhibit 8 - Hickish & Knight - Exposure to Asbestos During Brake Maintenance, #9 Exhibit 9 - Rohl, et al Asbestos Exposure During Brake Lining Maintenance, #10 Exhibit 10 - Minutes of the FMSI, February 16, 1973, #11 Exhibit 11- 2004 Atkinson abstract 'Evaluation of size and type free partic', #12 Exhibit 12 - 37 FR 11318) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 164 Memorandum in Opposition regarding #151 MOTION for Summary Judgment filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Exhibit 1 - James Reichert 9.14.11, #2 Exhibit 2 - J-M's Responses & Objections to Plaintiffs' Interrogatories, #3 Exhibit 3 - JMM Memo 4-22-88, #4 Exhibit 4 - Larry Lee Video Volume 1 032414, #5 Exhibit 5 - Robert Lee 052814 condensed, #6 Exhibit 6 - Holstein Report on Larry Lee with style, #7 Exhibit 7 - Expert Report - Dr. Maddox 102014, #8 Exhibit 7 - Expert Report - Dr. Maddox 102014 PART 2, #9 Exhibit 8 - Declaration of Lewis Armstrong, #10 Exhibit 9 - 2014-10-08 Armstrong, Lewis depo (Jones) (Hartley)_Condensed, #11 Exhibit 10 - Standard for Exposure to Asbestos Dust, 37 Fed. Reg. 110 (6-7-72), #12 Exhibit 11 - Federal Register 1986, #13 Exhibit 12 - 1983-08-11 Memo re Risks of AC Pipe Business, #14 Exhibit 13- Manager's Notice 10-5-83, #15 Exhibit 14 - Memorandum from Andrew Yu 6-13-86, #16 Exhibit 15 - Memorandum for AIA Members 1986) (Paul, Kevin)
March 24, 2015 Opinion or Order Filing 163 ORDER AMENDING CASE MANAGEMENT ORDERS - Counsel should review the attached order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 03/24/2015. (Baker, C.)
March 19, 2015 Opinion or Order TEXT ORDER - In light of the voluminous nature of the parties' motion filings in the case on March 10, 2015, the court requests a courtesy paper set to be provided for its use to the case manager at New Bern, including copies of all filings of or relating to DE 144, 148, and 151 (tabbed and indexed). In addition to these motions and their accompanying memoranda and supporting documents, the court requests the filings submitted in opposition similarly to be provided in paper, and where multiple supporting documents are relied upon in opposition, that those, too, be provided, tabbed and indexed, for the court's ease of reference. Likewise, paper copies of any reply shall be provided. Where the filings already have been made, the parties are allowed 14 days from this date within which to comply with this order. Signed by District Judge Louise Wood Flanagan on 03/19/2015. (Baker, C.)
March 13, 2015 Opinion or Order Filing 162 ORDER granting #160 Motion to Dismiss Pfizer Inc. - Signed by District Judge Louise Wood Flanagan on 03/13/2015. (Baker, C.)
March 13, 2015 Opinion or Order Filing 161 ORDER granting #159 Motion to Dismiss Hajoca Corporation - Signed by District Judge Louise Wood Flanagan on 03/13/2015. (Baker, C.)
March 13, 2015 Opinion or Order Filing 160 Joint MOTION to Dismiss by Pfizer Inc. (Attachments: #1 Text of Proposed Order Dismissing Pfizer Inc.) (Tomlin, Tracy)
March 13, 2015 Opinion or Order Filing 159 Joint MOTION to Dismiss by Hajoca Corporation. (Attachments: #1 Text of Proposed Order Dismissing Hajoca Corporation) (Tomlin, Tracy)
March 13, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #159 Joint MOTION to Dismiss and #160 Joint MOTION to Dismiss. (Baker, C.)
March 11, 2015 Opinion or Order Filing 158 Memorandum in Support regarding #151 MOTION for Summary Judgment filed by J-M Manufacturing Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 3/24/14 Deposition of Larry Lee, #3 Exhibit B - 3/24/14 Videotaped Deposition of Larry Lee, #4 Exhibit C - 3/25/14 Deposition of Larry Lee, #5 Exhibit D - 5/28/14 Deposition of Robert Lee, #6 Exhibit E - 12/23/82 Order of the U.S. Bankruptcy Court, #7 Exhibit F - 3/25/86 Order of the U.S. Bankruptcy Court, #8 Exhibit G - Asset Purchase and Sale Agreement) (Bowman, Sarah)
March 11, 2015 Opinion or Order Filing 157 Memorandum in Support regarding #148 MOTION for Summary Judgment filed by Formosa Plastics Corporation U.S.A. (Attachments: #1 Exhibit A - 3/24/14 Deposition of Plaintiff Larry Lee, #2 Exhibit B - 3/24/14 Videotaped Deposition of Plaintiff Larry Lee, #3 Exhibit C - 3/25/14 Deposition of Plaintiff Larry Lee, #4 Exhibit D - Formosa Plastics Corporation USA's Answers to Plaintiffs' Interrogatories) (Bowman, Sarah)
March 11, 2015 Opinion or Order Filing 156 NOTICE by Pneumo Abex LLC of Joinder. (Bouch, Timothy) Modified on 4/20/2015 to open as a motion for summary judgment pursuant to directive received from presiding judge. (Baker, C.)
March 11, 2015 Opinion or Order Filing 155 Memorandum in Support regarding #144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause) filed by Genuine Parts Company. (Attachments: #1 Exhibit A - Lee v. Newport News Shipbuilding and Dry Dock Company, et al., #2 Exhibit B - Mar. 24, 2014 Videotaped Deposition of Larry Lee, #3 Exhibit C - Mar. 24, 2014 Discovery Deposition of Larry Lee, #4 Exhibit D - Larry Lee Work History Sheet, #5 Unpublished decision in the case of Yates v. Air & Liquid Systems Corp.) (McAvoy, Richard)
March 11, 2015 Opinion or Order Filing 154 ORDER granting #143 Motion for Extension of Time to File Expert Report and Disclosure of Gayla McCluskey - Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)
March 11, 2015 Opinion or Order Filing 153 ORDER granting #142 Motion for Extension of Time to File Report and Disclosure for Dr. Victor Roggli - Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)
March 11, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #146 Motion for Joinder - This document is not a motion as it does not seek relief or otherwise indicate justiciable issues for the court. Counsel must refile this document utilizing a non-motion filing event. (Baker, C.)
March 11, 2015 Opinion or Order NOTICE OF DEFICIENCIES regarding #149 Motion for Summary Judgment - This filing is not a motion. It is a memorandum in support of an underlying motion and must be refiled according by utilizing the "Memorandum in Support" event. When refiling, counsel is reminded that pursuant to Section L(2) of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. 'Exhibit 1' is insufficient. 'Exhibit 1 - Deposition of Jane Doe' would meet the requirement.) Additionally, each attached document must be separated as a filing party would do when creating a hard copy version of the documents. When filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents. Counsel is directed to refile the document with the necessary corrections. (Baker, C.)
March 11, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #143 Consent MOTION for Extension of Time to File Expert Report and Disclosure of Gayla McCluskey and #142 Consent MOTION for Extension of Time to File Expert Report and Disclosure for Dr. Victor Roggli. (Baker, C.)
March 11, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #145 Memorandum in Support of #144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim - Counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual (e.g. 'Exhibit A' is insufficient. 'Exhibit A - Map of Main Street' would meet the requirement.). Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Baker, C.)
March 11, 2015 Opinion or Order NOTICE OF DEFICIENCIES regarding #152 Motion for Summary Judgment - This filing is not a motion. It is a memorandum in support of an underlying motion and must be refiled according by utilizing the "Memorandum in Support" event. When refiling, counsel is reminded that pursuant to Section L(2) of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. 'Exhibit 1' is insufficient. 'Exhibit 1 - Deposition of Jane Doe' would meet the requirement.) Additionally, each attached document must be separated as a filing party would do when creating a hard copy version of the documents. When filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents. Counsel is directed to refile the document with the necessary corrections. (Baker, C.)
March 10, 2015 Opinion or Order Filing 152 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #158 * - MOTION for Summary Judgment Memorandum of Law in Support by J-M Manufacturing Company, Inc. (Attachments: #1 Exhibit A-D, #2 Exhibit E-G) (Bowman, Sarah) Modified on 3/11/2015 to include refiling information. (Baker, C.)
March 10, 2015 Opinion or Order Filing 151 MOTION for Summary Judgment by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
March 10, 2015 Opinion or Order Filing 150 NOTICE by J-M Manufacturing Company, Inc. (Bowman, Sarah)
March 10, 2015 Opinion or Order Filing 149 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #157 * - MOTION for Summary Judgment Memorandum of Law in Support by Formosa Plastics Corporation U.S.A. (Attachments: #1 Exhibit) (Bowman, Sarah) Modified on 3/11/2015 to include refiling information. (Baker, C.)
March 10, 2015 Opinion or Order Filing 148 MOTION for Summary Judgment by Formosa Plastics Corporation U.S.A. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
March 10, 2015 Opinion or Order Filing 147 NOTICE by Formosa Plastics Corporation U.S.A. (Bowman, Sarah)
March 10, 2015 Opinion or Order Filing 146 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #156 * - MOTION for Joinder by Pneumo Abex LLC. (Bouch, Timothy) Modified on 3/11/2015 to include refiling information. (Baker, C.)
March 10, 2015 Opinion or Order Filing 145 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #155 * - Memorandum in Support regarding #144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause) filed by Genuine Parts Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Supplement Unpublished decision in the case of Yates v. Air & Liquid Systems Corp.) (McAvoy, Richard) Modified on 3/11/2015 to insert refiling information. (Baker, C.)
March 10, 2015 Opinion or Order Filing 144 MOTION for Partial Summary Judgment as to Plaintiffs' Willful and Wanton Conduct Claim (Third Cause) by Genuine Parts Company. (McAvoy, Richard)
March 10, 2015 Opinion or Order Filing 143 Consent MOTION for Extension of Time to File Expert Report and Disclosure of Gayla McCluskey by Yamaha Motor Corporation, U.S.A. (Attachments: #1 Text of Proposed Order) (Bouch, Timothy)
March 10, 2015 Opinion or Order Filing 142 Consent MOTION for Extension of Time to File Expert Report and Disclosure for Dr. Victor Roggli by Pneumo Abex LLC. (Attachments: #1 Text of Proposed Order) (Bouch, Timothy)
March 10, 2015 Opinion or Order Filing 141 ORDER granting #136 Joint Motion to Dismiss Plaintiffs' False Representation/Fraud claim against Genuine Parts Company - Signed by District Judge Louise Wood Flanagan on 03/10/2015. (Baker, C.)
March 10, 2015 Opinion or Order Filing 140 ORDER granting #137 Motion for Extension of Time to Serve Expert Disclosures and Reports - Signed by District Judge Louise Wood Flanagan on 03/10/2015. (Baker, C.)
March 10, 2015 Opinion or Order Filing 139 ORDER granting #138 Motion for Extension of Time to Serve Expert Report and Disclosure for Dr. Roggli - Signed by District Judge Louise Wood Flanagan on 03/10/2015. (Baker, C.)
March 10, 2015 Opinion or Order Filing 138 Consent MOTION for Extension of Time to Serve Expert Report and Disclosure for Dr. Roggli by Genuine Parts Company. (Attachments: #1 Text of Proposed Order) (McAvoy, Richard)
March 10, 2015 Opinion or Order Filing 137 Consent MOTION for Extension of Time to Serve Expert Disclosures and Reports by Formosa Plastics Corporation U.S.A., J-M Manufacturing Company, Inc.. (Attachments: #1 Text of Proposed Order) (Bowman, Sarah)
March 10, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #137 Consent MOTION for Extension of Time to Serve Expert Disclosures and Reports. (Baker, C.)
March 10, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #136 Joint MOTION to Dismiss Plaintiffs' False Representation/Fraud claim against Genuine Parts Company. (Baker, C.)
March 9, 2015 Opinion or Order Filing 136 Joint MOTION to Dismiss Plaintiffs' False Representation/Fraud claim against Genuine Parts Company by Genuine Parts Company. (Attachments: #1 Text of Proposed Order) (McAvoy, Richard)
March 3, 2015 Opinion or Order Filing 135 CERTIFICATE OF SERVICE by Pneumo Abex LLC, Yamaha Motor Corporation, U.S.A. regarding #134 Notice of Request for Protection from Court Appearance. (Bouch, Timothy)
March 3, 2015 Opinion or Order Filing 134 NOTICE of Request for Protection from Court Appearance by Pneumo Abex LLC, Yamaha Motor Corporation, U.S.A. (Bouch, Timothy)
March 3, 2015 Opinion or Order TEXT NOTICE TO COUNSEL regarding #134 Notice of Request for Protection from Court Appearance - The court is in receipt of your Notice of Unavailability filed pursuant to Rule 26(E) of the North Carolina General Rules of Practice for Superior and District Courts. Rule 26 was adopted January 1, 2000 to secure time for parties to actions in North Carolina Superior and District Courts. The United States District Court for the Eastern District of North Carolina has no correlating rule and does not recognize secured leave. If a proceeding in the United States District Court for the Eastern District of North Carolina is scheduled during a time which you have designated secured leave with the North Carolina Superior and District courts, you may move for continuance in accordance with this court's Local Rules. Such motion shall include as an exhibit the attorney's written designation pursuant to Rule 26, and certify that the same was filed in conformity with provisions of this state rule. Until counsel receives notice that the motion has been granted, all deadlines for filing or appearance for calendared hearings or trials in cases ongoing in this court must be observed. (Baker, C.)
March 3, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #134 Notice of Request for Protection from Court Appearance - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the 'Civil Events - Service of Process' category. (Baker, C.)
February 10, 2015 Opinion or Order Filing 133 ORDER granting #132 Motion to Dismiss Defendant Ford Motor Company - Signed by District Judge Louise Wood Flanagan on 02/10/2015. (Baker, C.)
February 9, 2015 Opinion or Order Filing 132 Joint MOTION to Dismiss Defendant Ford Motor Company by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
February 9, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #132 Joint MOTION to Dismiss Defendant Ford Motor Company. (Baker, C.)
January 26, 2015 Opinion or Order Filing 131 ORDER granting #114 Motion to Dismiss for Failure to State a Claim and #116 Motion to Dismiss for Failure to State a Claim - Dismissal of plaintiffs' false representation/fraud cause ofaction (Fourth Cause) against these two defendants is necessary for failure to state a claim. Signed by District Judge Louise Wood Flanagan on 01/26/2015. (Baker, C.)
January 23, 2015 Opinion or Order Filing 130 CERTIFICATE OF SERVICE by Larry Winslowe Lee, Susan Provost Lee regarding #129 Notice of Appearance. (Paul, Kevin)
January 23, 2015 Opinion or Order Filing 129 NOTICE of Appearance by Kevin W. Paul on behalf of Larry Winslowe Lee, Susan Provost Lee (Paul, Kevin)
January 23, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #129 Notice of Appearance - Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website at www.nced.uscourts.gov. (Baker, C.)
December 24, 2014 Opinion or Order Filing 128 ORDER granting #126 Motion to Amend #108 CASE MANAGEMENT ORDER - Signed by District Judge Louise Wood Flanagan on 12/24/2014. (Baker, C.)
December 23, 2014 Opinion or Order Filing 127 RESPONSE to Motion regarding #126 MOTION to Amend #108 CASE MANAGEMENT ORDER - Consent and Joinder to Motion filed by Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
December 23, 2014 Opinion or Order Motion Submitted - #126 MOTION to Amend #108 CASE MANAGEMENT ORDER. (Baker, C.)
December 11, 2014 Opinion or Order Filing 126 MOTION to Amend #108 CASE MANAGEMENT ORDER by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plaintiffs' Verified Answers to Master Discovery Requests, #3 Exhibit B - Larry Lee Continued Deposition, Dec. 2, 2014, #4 Exhibit C - Larry Lee Deposition, Mar. 24, 2014, #5 Exhibit D - Virginia Complaint, #6 Exhibit E - Plaintiffs' Verified First Amended Answers to Master Discovery, #7 Exhibit F - Plaintiffs' Verified Responses to Defendant Ford Motor Companys First Set of Interrogatories, #8 Exhibit G - Plaintiffs' Verified Responses to Defendant Ford Motor Companys First Request for Production, #9 Exhibit H - Susan Lee Deposition, Dec. 2, 2014, #10 Text of Proposed Order) (Warner, Kirk)
November 26, 2014 Opinion or Order Filing 125 NOTICE of Appearance by Richard Anthony McAvoy on behalf of Genuine Parts Company. (McAvoy, Richard)
November 7, 2014 Opinion or Order Filing 124 CERTIFICATE OF SERVICE by Larry Winslowe Lee, Susan Provost Lee of Expert Reports of Dr. Brody, Dr. Maddox, Dr. Holstein and Dr. Thompson. (Paul, Kevin)
October 23, 2014 Opinion or Order Filing 123 ORDER granting #121 Joint Motion to Dismiss - IT IS THEREFORE ORDERED that the action of Plaintiffs, Larry Winslowe Lee and Susan Provost Lee against Defendant Grinnell, LLC d/b/a Grinnell Corporation, be DISMISSED WITH PREJUDICE. Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 23, 2014 Opinion or Order Filing 122 ORDER granting #120 Joint Motion to Dismiss - IT IS THEREFORE ORDERED that the action of Plaintiffs, Larry Winslowe Lee and Susan Provost Lee against Defendant Deere & Company d/b/a John Deere, be DISMISSED WITHOUT PREJUDICE. Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 21, 2014 Opinion or Order Filing 121 Joint MOTION to Dismiss by Grinnell LLC. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 21, 2014 Opinion or Order Filing 120 Joint MOTION to Dismiss by Deere & Company. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 21, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #121 Joint MOTION to Dismiss and #120 Joint MOTION to Dismiss. (Baker, C.)
September 30, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiffs' Cause of Action for False Representation/Fraud and #114 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiffs' Cause of Action for False Representation/Fraud. (Baker, C.)
September 3, 2014 Opinion or Order Filing 119 CERTIFICATE OF SERVICE by Formosa Plastics Corporation U.S.A. regarding #117 Memorandum in Support. (Flynn, Stephanie)
September 3, 2014 Opinion or Order Filing 118 CERTIFICATE OF SERVICE by J-M Manufacturing Company, Inc. regarding #115 Memorandum in Support. (Flynn, Stephanie)
September 3, 2014 Opinion or Order Filing 117 Memorandum in Support regarding #116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiffs' Cause of Action for False Representation/Fraud filed by Formosa Plastics Corporation U.S.A. (Attachments: #1 Exhibit A - Whitted-Justice Order) (Flynn, Stephanie)
September 3, 2014 Opinion or Order Filing 116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiffs' Cause of Action for False Representation/Fraud by Formosa Plastics Corporation U.S.A. (Attachments: #1 Text of Proposed Order) (Flynn, Stephanie)
September 3, 2014 Opinion or Order Filing 115 Memorandum in Support regarding #114 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiffs' Cause of Action for False Representation/Fraud filed by J-M Manufacturing Company, Inc. (Attachments: #1 Exhibit A - Order) (Flynn, Stephanie)
September 3, 2014 Opinion or Order Filing 114 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiffs' Cause of Action for False Representation/Fraud by J-M Manufacturing Company, Inc. (Attachments: #1 Text of Proposed Order) (Flynn, Stephanie)
September 3, 2014 Opinion or Order NOTICE OF DEFICIENCY regarding: #115 Memorandum in Support and #117 Memorandum in Support - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Courts CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the 'Civil Events - Service of Process' category. (Tripp, S.)
August 1, 2014 Opinion or Order Filing 113 ORDER granting #111 Motion to Dismiss Union Carbide Corporation, only, without prejudice - Signed by District Judge Louise Wood Flanagan on 08/01/2014. (Baker, C.)
July 31, 2014 Opinion or Order Filing 112 CERTIFICATE OF SERVICE by Larry Winslowe Lee, Susan Provost Lee regarding #111 Joint MOTION to Dismiss Union Carbide Corporation, only, without prejudice (Paul, Kevin)
July 31, 2014 Opinion or Order Filing 111 Joint MOTION to Dismiss Union Carbide Corporation, only, without prejudice by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
July 31, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #111 Joint MOTION to Dismiss Union Carbide Corporation, only, without prejudice. (Baker, C.)
May 21, 2014 Opinion or Order Filing 110 ORDER granting #109 Motion to Dismiss Defendant Dana Companies LLC - Signed by District Judge Louise Wood Flanagan on 05/21/2014. (Baker, C.)
May 21, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #109 Joint MOTION to Dismiss. (Baker, C.)
May 20, 2014 Opinion or Order Filing 109 Joint MOTION to Dismiss by Dana Companies LLC. (Attachments: #1 Text of Proposed Order) (McDonald, Moffatt)
May 13, 2014 Opinion or Order Filing 108 CASE MANAGEMENT ORDER - All fact discovery must be completed by January 10, 2015. All discovery which relates solely to damages (and not to product identification or exposure), including the depositions of family members and health care providers must be completed prior to the pre-trial conference and no later than fourteen (14) days prior to trial. Summary judgment motions pursuant to Rule 56 of the Federal Rules of Civil Procedure must be filed no later than January 10, 2015. A final pre-trial conference and the trial of this matter will be scheduled by the court following the court's ruling on any timely-filed motions for summary judgment. Counsel should review the attached order in its entirety for additional crtical deadlines and information. Signed by District Judge Louise Wood Flanagan on 05/13/2014. (Baker, C.)
May 2, 2014 Opinion or Order Filing 107 Rule 26(f) Report (joint) by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
April 29, 2014 Opinion or Order Filing 106 AFFIDAVIT of Service for Original Complaint by Certified Mail on all Defendants, filed by Larry Winslowe Lee, Susan Provost Lee. (Attachments: #1 Certified Mail Returned Receipts for Defendants) (Paul, Kevin)
April 11, 2014 Opinion or Order Filing 105 ORDER granting #84 Motion to Dismiss for Failure to State a Claim and #86 Motion to Dismiss for Failure to State a Claim - Signed by District Judge Louise Wood Flanagan on 04/11/2014. (Baker, C.)
April 7, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Baker, C.)
April 4, 2014 Opinion or Order Filing 104 ORDER granting #103 Motion to Dismiss Clow Valve Company and McWane Inc. - Signed by District Judge Louise Wood Flanagan on 04/04/2014. (Baker, C.)
April 4, 2014 Opinion or Order Filing 103 Consent MOTION to Dismiss by Clow Valve Company, McWane Inc. (Attachments: #1 Text of Proposed Order) (Bouch, Timothy)
April 4, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #103 Consent MOTION to Dismiss. (Baker, C.)
March 28, 2014 Opinion or Order Filing 102 INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 5/2/2014. Counsel should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 03/28/2014. (Baker, C.)
March 28, 2014 Opinion or Order Filing 101 ORDER granting #100 Motion to Dismiss Special Electric Company, Inc. - Signed by District Judge Louise Wood Flanagan on 03/28/2014. (Baker, C.)
March 28, 2014 Opinion or Order Filing 100 Joint MOTION to Dismiss by Special Electric Company, Inc. (Attachments: #1 Text of Proposed Order) (Williamson, Stephen)
March 28, 2014 Opinion or Order Filing 99 ORDER granting #96 Motion to Dismiss Eckler's Corvette Parts - Signed by District Judge Louise Wood Flanagan on 03/28/2014. (Baker, C.)
March 28, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #100 Joint MOTION to Dismiss. (Baker, C.)
March 26, 2014 Opinion or Order Filing 98 ORDER granting #95 Motion to Dismiss Defendant Briggs & Stratton Corporation - Signed by District Judge Louise Wood Flanagan on 03/26/2014. (Baker, C.)
March 26, 2014 Opinion or Order Filing 97 ORDER granting #94 Motion to Dismiss Defendant AK Steel Corporation - Signed by District Judge Louise Wood Flanagan on 03/26/2014. (Baker, C.)
March 26, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #96 Joint MOTION to Dismiss Defendant Eckler's Corvette. (Baker, C.)
March 26, 2014 Opinion or Order TEXT ORDER finding as moot #23 Motion to Dismiss for Failure to State a Claim and #60 Motion to Dismiss for Failure to State a Claim - Entered by District Judge Louise Wood Flanagan on 03/26/2014. (Baker, C.)
March 25, 2014 Opinion or Order Filing 96 Joint MOTION to Dismiss Defendant Eckler's Corvette by Eckler's Corvette. (Attachments: #1 Text of Proposed Order) (Stevens, Alan)
March 25, 2014 Opinion or Order Filing 95 Joint MOTION to Dismiss Defendant Briggs & Stratton Corporation by Briggs & Stratton Corporation. (Attachments: #1 Text of Proposed Order) (Peck, Timothy)
March 25, 2014 Opinion or Order Filing 94 Joint MOTION to Dismiss Defendant AK Steel Corporation by AK Steel Corp. (Attachments: #1 Text of Proposed Order) (Peck, Timothy)
March 25, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #95 Joint MOTION to Dismiss Defendant Briggs & Stratton Corporation and #94 Joint MOTION to Dismiss Defendant AK Steel Corporation. (Baker, C.)
March 24, 2014 Opinion or Order NOTICE OF DEFICIENCY regarding #93 Notice of Appearance for Non-District Counsel - Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website at www.nced.uscourts.gov. (Baker, C.)
March 21, 2014 Opinion or Order Filing 93 NOTICE of Appearance for non-district counsel James M. Hall, Jr. by Timothy Peck on behalf of AK Steel Corp. (Peck, Timothy) Modified on 3/24/2014 to clarify docket entry text. (Baker, C.)
March 21, 2014 Opinion or Order Filing 92 Memorandum in Support regarding #91 MOTION to Dismiss the Fourth Cause of Action for False Representation/Fraud filed by Eckler's Corvette. (Attachments: #1 Exhibit A - Whitted-Justice v. Colgate-Palmolive Co., et al.) (Stevens, Alan)
March 21, 2014 Opinion or Order Filing 91 MOTION to Dismiss the Fourth Cause of Action for False Representation/Fraud by Eckler's Corvette. (Attachments: #1 Text of Proposed Order) (Stevens, Alan)
March 21, 2014 Opinion or Order Filing 90 ANSWER to #1 Complaint with Jury Demand , Affirmative Defenses and Denial of all Cross Claims by Eckler's Corvette. (Stevens, Alan)
March 21, 2014 Opinion or Order Filing 89 NOTICE of Appearance by Ryan P. Ethridge on behalf of Genuine Parts Company. (Ethridge, Ryan)
March 13, 2014 Opinion or Order Filing 88 FINANCIAL DISCLOSURE STATEMENT by Special Electric Company, Inc. (Williamson, Stephen)
March 11, 2014 Opinion or Order Filing 87 Memorandum in Support regarding #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kawasaki Motors Corp., U.S.A. (Attachments: #1 Exhibit A - Whitted-Justice Order) (Ries, Addie)
March 11, 2014 Opinion or Order Filing 86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kawasaki Motors Corp., U.S.A. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 11, 2014 Opinion or Order Filing 85 Memorandum in Support regarding #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ford Motor Company. (Attachments: #1 Exhibit A - Whitted-Justice Order) (Ries, Addie)
March 11, 2014 Opinion or Order Filing 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 11, 2014 Opinion or Order Filing 83 NOTICE of Appearance by Addie K.S. Ries on behalf of Ford Motor Company, Kawasaki Motors Corp., U.S.A. (Ries, Addie)
March 11, 2014 Opinion or Order Filing 82 NOTICE of Appearance for non-district counsel by Stephanie G. Flynn on behalf of Formosa Plastics Corporation U.S.A. (Flynn, Stephanie)
March 11, 2014 Opinion or Order Filing 81 NOTICE of Appearance for non-district counsel by Stephanie G. Flynn on behalf of J-M Manufacturing Company, Inc. (Flynn, Stephanie)
February 28, 2014 Opinion or Order Filing 80 FINANCIAL DISCLOSURE STATEMENT by Eckler's Corvette identifying Corporate Parent Eckler Industries, Inc. for Eckler's Corvette. (Stevens, Alan)
February 28, 2014 Opinion or Order Filing 79 NOTICE of Appearance by Alan A. Stevens on behalf of Eckler's Corvette. (Stevens, Alan)
February 21, 2014 Opinion or Order Filing 78 NOTICE of Appearance by Scott E. Frick on behalf of Certainteed Corporation, Dana Companies LLC, Union Carbide Corporation. (Frick, Scott)
February 21, 2014 Opinion or Order Filing 77 NOTICE of Appearance by William David Conner on behalf of Certainteed Corporation, Dana Companies LLC, Union Carbide Corporation. (Conner, William)
February 21, 2014 Opinion or Order Filing 76 NOTICE of Appearance by Moffatt G. McDonald on behalf of Certainteed Corporation, Dana Companies LLC, Union Carbide Corporation. (McDonald, Moffatt)
February 20, 2014 Opinion or Order Filing 75 FINANCIAL DISCLOSURE STATEMENT by J-M Manufacturing Company, Inc. (Bowman, Sarah)
February 17, 2014 Opinion or Order Filing 74 FINANCIAL DISCLOSURE STATEMENT by Formosa Plastics Corporation U.S.A. (Bowman, Sarah)
February 14, 2014 Opinion or Order *SECOND* NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Formosa Plastics Corporation U.S.A. and J-M Manufacturing Company, Inc. As noted in the clerk's notice of deficiency originally issued 01/21/2014, and pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. (Baker, C.)
January 30, 2014 Opinion or Order Filing 73 NOTICE of Appearance for non-district counsel by Daniel B. White on behalf of J-M Manufacturing Company, Inc. (White, Daniel)
January 30, 2014 Opinion or Order Filing 72 NOTICE of Appearance for non-district counsel by Daniel B. White on behalf of Formosa Plastics Corporation U.S.A. (White, Daniel)
January 30, 2014 Opinion or Order Filing 71 NOTICE of Appearance by Sarah M. Bowman on behalf of J-M Manufacturing Company, Inc. (Bowman, Sarah)
January 30, 2014 Opinion or Order Filing 70 NOTICE of Appearance by Sarah M. Bowman on behalf of Formosa Plastics Corporation U.S.A. (Bowman, Sarah)
January 27, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Baker, C.)
January 21, 2014 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Formosa Plastics Corporation U.S.A. and J-M Manufacturing Company, Inc. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
January 21, 2014 Opinion or Order NOTICE TO COUNSEL (Sarah M. Bowman and Daniel B. White) - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Out of district counsel should consult Local Civil Rule 83.1(e)(1). Pro Hac Vice applications are not a requirement in this district. (Baker, C.)
January 20, 2014 Opinion or Order Filing 69 ANSWER to #1 Complaint with Jury Demand by J-M Manufacturing Company, Inc. (Bowman, Sarah)
January 20, 2014 Opinion or Order Filing 68 ANSWER to #1 Complaint with Jury Demand by Formosa Plastics Corporation U.S.A. (Bowman, Sarah)
January 9, 2014 Opinion or Order Filing 67 FINANCIAL DISCLOSURE STATEMENT by Metropolitan Life Insurance Company. (Coltrain, Keith)
January 9, 2014 Opinion or Order Filing 66 ANSWER to #1 Complaint with Jury Demand and to Cross-Claims of Any and All Other Defendants and Third-Party Defendants by Metropolitan Life Insurance Company. (Coltrain, Keith)
January 7, 2014 Opinion or Order Filing 65 FINANCIAL DISCLOSURE STATEMENT by Yamaha Motor Corporation, U.S.A. (Bouch, Timothy)
January 6, 2014 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Special Electric Company, Inc. and Yamaha Motor Corporation, U.S.A. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
January 3, 2014 Opinion or Order Filing 64 CERTIFICATE OF SERVICE by Larry Winslowe Lee, Susan Provost Lee regarding #63 Notice of Appearance. (Paul, Kevin)
January 3, 2014 Opinion or Order Filing 63 NOTICE of Appearance by Kevin W. Paul on behalf of Larry Winslowe Lee, Susan Provost Lee. (Paul, Kevin)
January 2, 2014 Opinion or Order Filing 62 CERTIFICATE OF SERVICE by Certainteed Corporation, Dana Companies LLC, Union Carbide Corporation regarding #33 Answer to Complaint, #34 Answer to Complaint, #32 Answer to Complaint. (Sprinkle, Charles)
December 31, 2013 Opinion or Order Filing 61 Memorandum in Support regarding #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AK Steel Corp. (Attachments: #1 Exhibit Whitted-Justice Order of Dismissal, 12/10/13, #2 Text of Proposed Order) (Peck, Timothy)
December 31, 2013 Opinion or Order Filing 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AK Steel Corp. (Peck, Timothy)
December 31, 2013 Opinion or Order Filing 59 FINANCIAL DISCLOSURE STATEMENT by AK Steel Corp. (Peck, Timothy)
December 31, 2013 Opinion or Order Filing 58 NOTICE of Appearance by Timothy Peck on behalf of AK Steel Corp. (Peck, Timothy)
December 31, 2013 Opinion or Order Filing 57 ANSWER to #1 Complaint by Special Electric Company, Inc. (Williamson, Stephen)
December 31, 2013 Opinion or Order Filing 56 NOTICE of Appearance by Stephen B. Williamson on behalf of Special Electric Company, Inc. (Williamson, Stephen)
December 31, 2013 Opinion or Order Filing 55 FINANCIAL DISCLOSURE STATEMENT by Hajoca Corporation. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 54 ANSWER to #1 Complaint with Jury Demand by Hajoca Corporation. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 53 NOTICE of Appearance by Tracy E. Tomlin on behalf of Hajoca Corporation. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 52 FINANCIAL DISCLOSURE STATEMENT by Pfizer Inc. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 51 ANSWER to #1 Complaint with Jury Demand by Pfizer Inc. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 50 NOTICE of Appearance by Tracy E. Tomlin on behalf of Pfizer Inc. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 49 FINANCIAL DISCLOSURE STATEMENT by Grinnell LLC. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 48 ANSWER to #1 Complaint with Jury Demand by Grinnell LLC. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 47 NOTICE of Appearance by Tracy E. Tomlin on behalf of Grinnell LLC. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 46 FINANCIAL DISCLOSURE STATEMENT by Deere & Company. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 45 ANSWER to #1 Complaint with Jury Demand by Deere & Company. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 44 NOTICE of Appearance by Tracy E. Tomlin on behalf of Deere & Company. (Tomlin, Tracy)
December 31, 2013 Opinion or Order Filing 43 FINANCIAL DISCLOSURE STATEMENT by Pneumo Abex LLC. (Bouch, Timothy)
December 31, 2013 Opinion or Order Filing 42 ANSWER to #1 Complaint with Jury Demand by Pneumo Abex LLC. (Bouch, Timothy)
December 31, 2013 Opinion or Order Filing 41 NOTICE of Appearance by Timothy W. Bouch on behalf of Pneumo Abex LLC. (Bouch, Timothy)
December 31, 2013 Opinion or Order Filing 40 FINANCIAL DISCLOSURE STATEMENT by Clow Valve Company, McWane Inc. (Bouch, Timothy)
December 31, 2013 Opinion or Order Filing 39 ANSWER to #1 Complaint with Jury Demand by Clow Valve Company, McWane Inc. (Bouch, Timothy)
December 31, 2013 Opinion or Order Filing 38 NOTICE of Appearance by Timothy W. Bouch on behalf of Clow Valve Company, McWane Inc. (Bouch, Timothy)
December 31, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #33 Answer to Complaint, #34 Answer to Complaint, and #32 Answer to Complaint - Counsel failed to include a signature block on the certificate of service. Counsel must file a separately captioned document labeled Certificate of Service using the certificate of service event located in Civil Events - Service of Process. (Tripp, S.)
December 30, 2013 Opinion or Order Filing 37 FINANCIAL DISCLOSURE STATEMENT by Union Carbide Corporation. (Sprinkle, Charles)
December 30, 2013 Opinion or Order Filing 36 FINANCIAL DISCLOSURE STATEMENT by Dana Companies LLC. (Sprinkle, Charles)
December 30, 2013 Opinion or Order Filing 35 FINANCIAL DISCLOSURE STATEMENT by Certainteed Corporation. (Sprinkle, Charles)
December 30, 2013 Opinion or Order Filing 34 ANSWER to #1 Complaint with Jury Demand by Union Carbide Corporation. (Sprinkle, Charles)
December 30, 2013 Opinion or Order Filing 33 ANSWER to #1 Complaint with Jury Demand by Dana Companies LLC. (Sprinkle, Charles)
December 30, 2013 Opinion or Order Filing 32 ANSWER to #1 Complaint with Jury Demand by Certainteed Corporation. (Sprinkle, Charles)
December 30, 2013 Opinion or Order Filing 31 ANSWER to #1 Complaint with Jury Demand by Yamaha Motor Corporation, U.S.A. (Bouch, Timothy)
December 30, 2013 Opinion or Order Filing 30 NOTICE of Appearance by Timothy W. Bouch on behalf of Yamaha Motor Corporation, U.S.A. (Bouch, Timothy)
December 27, 2013 Opinion or Order Filing 29 FINANCIAL DISCLOSURE STATEMENT by Genuine Parts Company. (Adams, Heather)
December 27, 2013 Opinion or Order Filing 28 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Briggs & Stratton Corporation. (Attachments: #1 Exhibit 1 - Whitted-Justice Order of Dismissal, 12/10/13, #2 Text of Proposed Order) (Peck, Timothy)
December 27, 2013 Opinion or Order Filing 27 ANSWER to #1 Complaint with Jury Demand by Genuine Parts Company. (Adams, Heather)
December 27, 2013 Opinion or Order Filing 26 NOTICE of Appearance by Matthew Patrick McGuire on behalf of Genuine Parts Company. (McGuire, Matthew)
December 27, 2013 Opinion or Order Filing 25 NOTICE of Appearance by Heather Bell Adams on behalf of Genuine Parts Company. (Adams, Heather)
December 27, 2013 Opinion or Order Filing 24 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #28 *- MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Memorandum in Support of Motion to Dismiss by Briggs & Stratton Corporation. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Peck, Timothy) Modified on 12/27/2013 to insert refiling information. (Baker, C.)
December 27, 2013 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Genuine Parts Company. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
December 27, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #24 Motion to Dismiss for Failure to State a Claim - This is not a motion. Counsel must refile this document utilizing the appropriate event for filing a memorandum in support of a motion. (Baker, C.)
December 26, 2013 Opinion or Order Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Briggs & Stratton Corporation. (Peck, Timothy)
December 23, 2013 Opinion or Order TEXT ORDER granting defendant's #11 motion for extension of time. Defendant Metropolitan Life Insurance Company has through and including January 16, 2014 to answer or otherwise respond to plaintiffs' complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 12/23/2013. (Skinner, J.)
December 20, 2013 Opinion or Order Filing 22 FINANCIAL DISCLOSURE STATEMENT by Briggs & Stratton Corporation. (Peck, Timothy)
December 20, 2013 Opinion or Order Filing 21 NOTICE of Appearance by Timothy Peck on behalf of Briggs & Stratton Corporation. (Peck, Timothy)
December 20, 2013 Opinion or Order Filing 20 NOTICE of Appearance by Christopher R. Kiger on behalf of Kawasaki Motors Corp., U.S.A. (Kiger, Christopher)
December 20, 2013 Opinion or Order Filing 19 FINANCIAL DISCLOSURE STATEMENT by Kawasaki Motors Corp., U.S.A. identifying Corporate Parent Kawasaki Heavy Industries, Ltd. for Kawasaki Motors Corp., U.S.A. (Warner, Kirk)
December 20, 2013 Opinion or Order Filing 18 ANSWER to #1 Complaint with Jury Demand by Kawasaki Motors Corp., U.S.A. (Warner, Kirk)
December 20, 2013 Opinion or Order Filing 17 NOTICE of Appearance by Kirk G. Warner on behalf of Kawasaki Motors Corp., U.S.A. (Warner, Kirk)
December 19, 2013 Opinion or Order Filing 16 ANSWER to #1 Complaint with Jury Demand by Honeywell International, Inc. (Davis, H.)
December 19, 2013 Opinion or Order Filing 15 FINANCIAL DISCLOSURE STATEMENT by Honeywell International, Inc. (Davis, H.)
December 19, 2013 Opinion or Order Filing 14 NOTICE of Appearance by H. Lee Davis, Jr. on behalf of Honeywell International, Inc. (Davis, H.)
December 19, 2013 Opinion or Order Filing 13 NOTICE of Appearance by Charles M. Sprinkle, III on behalf of Certainteed Corporation, Dana Companies LLC, Union Carbide Corporation. (Sprinkle, Charles)
December 19, 2013 Opinion or Order Filing 12 NOTICE of Appearance by Keith E. Coltrain on behalf of Metropolitan Life Insurance Company. (Coltrain, Keith)
December 19, 2013 Opinion or Order Filing 11 MOTION for Extension of Time to File Answer by Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Coltrain, Keith)
December 19, 2013 Opinion or Order MOTION REFERRED to Julie A. Richards, Clerk of Court - #11 MOTION for Extension of Time to File Answer. (Baker, C.)
December 19, 2013 Opinion or Order NOTICE TO COUNSEL (Keith E. Coltrain) - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.)
December 19, 2013 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Metropolitan Life Insurance Company. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
December 19, 2013 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Certainteed Corporation, Dana Companies LLC, and Union Carbide Corporation. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rules 5.2(a) and 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
December 17, 2013 Opinion or Order Filing 10 NOTICE of Appearance by Christopher R. Kiger on behalf of Ford Motor Company. (Kiger, Christopher)
December 17, 2013 Opinion or Order Filing 9 FINANCIAL DISCLOSURE STATEMENT by Ford Motor Company. (Attachments: #1 Exhibit A - List of Companies) (Warner, Kirk)
December 17, 2013 Opinion or Order Filing 8 NOTICE of Appearance by Kirk G. Warner on behalf of Ford Motor Company. (Warner, Kirk)
December 17, 2013 Opinion or Order Filing 7 ANSWER to #1 Complaint with Jury Demand by Ford Motor Company. (Warner, Kirk)
December 13, 2013 Opinion or Order Filing 6 NOTICE of Voluntary Dismissal as to Hammer & Steel, Inc. by Larry Winslowe Lee, Susan Provost Lee. (Black, Janet Ward) Modified on 12/13/2013 to clarify docket entry text. (Baker, C.)
December 3, 2013 Opinion or Order Filing 5 Summonses Issued as to All Defendants. Counsel should print attached summonses and effect service. (Baker, C.)
December 2, 2013 Opinion or Order Filing 4 FINANCIAL DISCLOSURE STATEMENT by Larry Winslowe Lee, Susan Provost Lee. (Black, Janet Ward)
December 2, 2013 Opinion or Order Filing 3 NOTICE - Civil Cover Sheet by Larry Winslowe Lee, Susan Provost Lee. (Black, Janet Ward)
December 2, 2013 Opinion or Order Filing 2 NOTICE of Appearance by Janet Ward Black on behalf of All Plaintiffs. (Black, Janet Ward)
December 2, 2013 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0417-2724296) filed by Susan Provost Lee, Larry Winslowe Lee. (Attachments: #1 Proposed Summons) (Black, Janet Ward)

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Search for this case: Lee v. AK Steel Corp., et al
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Defendant: Honeywell International, Inc.
Represented By: H. Lee Davis, Jr.
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Defendant: AK Steel Corp.
Represented By: Timothy Peck
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Defendant: Briggs & Stratton Corporation doing business as Snapper
Represented By: Timothy Peck
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Defendant: Certainteed Corporation
Represented By: Charles M. Sprinkle, III
Represented By: Moffatt G. McDonald
Represented By: Scott E. Frick
Represented By: William David Conner
Represented By: Elizabeth R. Geise
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Defendant: Clow Valve Company
Represented By: Timothy W. Bouch
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Defendant: Dana Companies LLC
Represented By: Charles M. Sprinkle, III
Represented By: Moffatt G. McDonald
Represented By: Scott E. Frick
Represented By: William David Conner
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Defendant: Deere & Company doing business as John Deere
Represented By: Tracy E. Tomlin
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Defendant: Eckler's Corvette
Represented By: Alan A. Stevens
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Defendant: Ford Motor Company
Represented By: Kirk G. Warner
Represented By: Addie K.S. Ries
Represented By: Christopher R. Kiger
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Defendant: Formosa Plastics Corporation U.S.A.
Represented By: Carrie Lin
Represented By: Christopher O. Massenburg
Represented By: Daniel B. White
Represented By: James M. Dedman, IV
Represented By: John T. Hugo
Represented By: Sarah M. Bowman
Represented By: Stephanie G. Flynn
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Defendant: Genuine Parts Company doing business as National Automotive Parts Association (aka NAPA)
Represented By: Heather Bell Adams
Represented By: Matthew Patrick McGuire
Represented By: William C. Massey
Represented By: Richard Anthony McAvoy
Represented By: Ryan P. Ethridge
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Defendant: Grinnell LLC doing business as Grinnell Corporation
Represented By: Tracy E. Tomlin
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Defendant: Hajoca Corporation
Represented By: Tracy E. Tomlin
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Defendant: Hammer & Steel, Inc.
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Defendant: Allied-Signal, Inc.
Represented By: H. Lee Davis, Jr.
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Defendant: J-M Manufacturing Company, Inc.
Represented By: Carrie Lin
Represented By: Christopher O. Massenburg
Represented By: Daniel B. White
Represented By: James M. Dedman, IV
Represented By: John T. Hugo
Represented By: Amaryah K. Bocchino
Represented By: Jessica L. Reno
Represented By: Ryan W. Browning
Represented By: Sarah M. Bowman
Represented By: Stephanie G. Flynn
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Defendant: Kawasaki Motors Corp., U.S.A.
Represented By: Addie K.S. Ries
Represented By: Christopher R. Kiger
Represented By: Kirk G. Warner
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Defendant: McWane Inc.
Represented By: Timothy W. Bouch
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Defendant: Metropolitan Life Insurance Company
Represented By: Keith E. Coltrain
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Defendant: Pfizer Inc.
Represented By: Tracy E. Tomlin
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Defendant: Pneumo Abex LLC
Represented By: Timothy W. Bouch
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Defendant: Special Electric Company, Inc.
Represented By: Stephen B. Williamson
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Defendant: Union Carbide Corporation
Represented By: Charles M. Sprinkle, III
Represented By: Moffatt G. McDonald
Represented By: Scott E. Frick
Represented By: William David Conner
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Defendant: Yamaha Motor Corporation, U.S.A.
Represented By: Timothy W. Bouch
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Plaintiff: Larry Winslowe Lee
Represented By: David W. Henderson
Represented By: Kevin W. Paul
Represented By: Samuel I. Iola
Represented By: Janet Ward Black
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Plaintiff: Susan Provost Lee
Represented By: David W. Henderson
Represented By: Kevin W. Paul
Represented By: Samuel I. Iola
Represented By: Janet Ward Black
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