RATCLIFF v. AMERICAN HONDA MOTOR CO. INC. et al
RATCLIFF and JODY E. RATCLIFF |
AMERICAN HONDA MOTOR CO. INC, CONTINENTAL AUTOMOTIVE SYSTEMS, INC., L'OREAL USA CREATIVE INC. As Subrogee Of THE MAYBELLINE CO. As Subrogee Of MAYBELLINE INC. doing business as MAYBELLINE formerly known as MAYBELLINE COSMETICS CORP., BARNES MOTOR & PARTS CO. INC., PERSONAL CARE PRODUCTS COUNCIL, DOUG HENRY CHEVROLET BUICK GMC INC., GENE TAYLOR INC., EDGEWELL PERSONAL CARE CO., EDGEWELL PERSONAL CARE LLC, IMERYS TALC AMERICA INC., PAUL BENTON MOTORS OF NORTH CAROLINA LLC, BRENNTAG SPECIALTIES, INC., PLAYTEX PRODUCTS LLC, CONAGRA BRANDS INC., SALE AUTO MALL INC., DOUG HENRY CHEVROLET INC., L'OREAL USA INC., NAVISTAR INC., HONEYWELL INTERNATIONAL, INC., DAN WISE CHEVROLET INC., THE GILLETTE COMPANY, DOUG HENRY CHEVROLET BUICK PONTIAC GMC TRUCK INC., SALE AUTOMOTIVE GROUP INC., REVLON, INC., NISSAN NORTH AMERICA, INC., WALGREEN CO., R&S AUTOMOTIVE, TOYOTA MOTOR SALES USA, INC, WHITTAKER CLARK & DANIELS, INC., MAREMONT CORPORATION, SALE FORD LLC, COSMAIR INC., BRITAIN'S GARAGE LLC, CONAGRA FOODS INC., FORD MOTOR COMPANY, BOBBI BROWN PROFESSIONAL COSMETICS INC., MINERAL PIGMENT SOLUTIONS, INC., COLGATE-PALMOLIVE COMPANY, FREMA MOTORS, INC., GENUINE PARTS COMPANY, WINNER CHEVROLET INC., LUZENAC AMERICA INC., BRITISH AMERICAN TOBACCO, P.L.C doing business as YARDLEY As Subrogee Of YARDLEY & CO., LTD., AMERICAN HONDA MOTOR CO. INC., THE PROCTOR & GAMBLE COMPANY, DOUG HENRY CHEVROLET BUICK PONTIAC GMC INC., MAYBELLINE COSMETICS CORP., BMW OF NORTH AMERICA, LLC, PLAYTEX FP GROUP INC., ENERGIZER PERSONAL CARE LLC, COSMETICS, TOILETRIES, AND FRAGRANCE ASSOCIATION, REVLON CONSUMER PRODUCTS CORP., DOUG HENRY CHEVROLET OLDSMOBILE INC., ESTEE LAUDER INC., TAMPBRANDS INC., WHITE OWL PARTS CO INC., NATIONAL AUTOMOTIVE PARTS ASSOCIATION, INC., BARNES MOTOR CO., SALE CHEVROLET, BUICK, BMW INC., CONTINENTAL TEVES INC., STANDARD MOTOR PRODUCTS INC., TARGET CORPORATION, CLINIQUE LABORATORIES LLC, AVON PRODUCTS INC., WYNN ODOM FORD INC., GENE TAYLOR CHEVROLET-GMC INC., SALE CHEVROLET-BMW INC., AUTO GENERATOR & STARTER SERVICE INC., DANA COMPANIES LLC, TILGHMAN'S GARAGE LLC, MAYBELLINE LLC, CYPRUS AMAX MINERALS COMPANY, INTERNATIONAL TRUCK AND ENGINE CORPORATION, MITSUBISHI MOTORS NORTH AMERICA, INC., ALLIED SIGNAL, INC., HENNESSY INDUSTRIES INC., BORGWARNER MORSE TEC LLC, R&S AUTOMOTIVE SERVICE LLC, L'OREAL SA, THE ESTEE LAUDER COMPANIES, INC., MASSEY MOTOR CO. and GENE TAYLOR CHEVROLET INC. |
1:2017cv00174 |
March 1, 2017 |
US District Court for the Middle District of North Carolina |
NCMD Office |
Durham |
CATHERINE C EAGLES |
JOI ELIZABETH PEAKE |
P.I. : Asbestos |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 573 ORDER AND JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 11/12/2019. The Joint MOTION to Dismiss Cyprus Amax Minerals Company in this matter (Doc. #572 ) is GRANTED and the action of Plaintiff, JODY E. RATCLIFF against Defendant CYPRUS AMAX MINERALS COMPANY, be dismissed with prejudice, with each party to bear its own costs. (Daniel, J) |
Motions Submitted: #572 Joint MOTION to Dismiss Cyprus Amax Minerals Company to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 572 Joint MOTION to Dismiss Cyprus Amax Minerals Company by CYPRUS AMAX MINERALS COMPANY. Response to Motion due by 12/5/2019 (Attachments: #1 Text of Proposed Order)(PECK, TIMOTHY) |
Filing 571 FINAL JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 11/7/2019. For the reasons set forth in the Order filed November 5, 2019, Defendant Honeywell International, Inc.'s motion for summary judgment (Doc. #468 ) is GRANTED. Defendants Ford Motor Company, Brenntag Specialties, Inc. and Whittaker, Clark & Daniels Inc.'s motion for summary judgment (Doc. #475 ) is GRANTED. All claims against these defendants are DISMISSED with prejudice. This Judgment resolves all remaining claims and the Clerk is directed to close the case. (Daniel, J) |
Filing 570 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/5/2019. The Magistrate Judge's recommendation is ADOPTED IN FULL, the plaintiff's objections are OVERRULED on de novo review for the reasons stated herein and in the Magistrate Judge's recommendation, and the defendants' motions for summary judgment (Doc. #468 ; Doc. #475 ) are GRANTED. Judgment will be entered as time permits. (Daniel, J) |
CASE REFERRED RE: #568 Objection to Recommended Ruling - Magistrate Judge, #565 RECOMMENDED RULING - MAGISTRATE JUDGE re #472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation filed by WHITTAKER CLARK & DANIELS, INC., #468 MOTION for Summary, #569 Response to Objection to Recommended Ruling to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 569 RESPONSE TO OBJECTION to #568 Recommended Ruling Defendants' Reply in Support of the Memorandum Opinion and Recommendation Granting Defendants' Motion for Summary Judgment Based on Statute of Limitations filed by FORD MOTOR COMPANY. (RIES, ADDIE) |
Filing 568 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #565 Recommended Ruling - Magistrate Judge,,,,, by Plaintiff JODY E. RATCLIFF . Response to Objections to R&R due by 10/25/2019 (TULLY, SHANNON) |
Filing 567 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant BRENNTAG SPECIALTIES, INC.. ELEANOR R. GILROY is substituted as counsel for Defendant. Attorney MOLLY D. PEARCE terminated. (GILROY, ELEANOR) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: This case is removed from the trial calendar and the parties can stand down from trial preparation pending further order of the Court. (Sanders, Marlene) |
Filing 566 Notice of Mailing Memorandum Opinion and Recommendation. Objections due by 10/11/2019. Objections for Pro Se due by 10/15/2019. (Daniel, J) |
Filing 565 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 9/27/2019. RECOMMENDED that Defendants' Statute of Limitations Motion for Summary Judgment (Doc. #475 ) be GRANTED and Honeywell's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 (Doc. #468 ) be GRANTED as it relates to Defendant's statute of limitations defense. FURTHER RECOMMENDED that Defendant Ford's Daubert Motions to Exclude the expert opinion testimony of Dr. David Rosner, Dr. Carlos Bedrossian, and Dr. Arnold Brody and Motion for Summary Judgment pursuant to Rule 56 (Doc. #461 , #467 , and #471 ); Defendant Honeywell's Daubert Motion to Exclude the expert opinion testimony of Dr. Carlos Bedrossian (Doc. #463 ); Defendant WCD's Daubert Motions to Exclude Specific Causation Opinions and Cumulative Exposure Opinion as Evidence of Causation and Motion for Summary Judgment (Doc. #465 , #472 , and #477 ); and Defendant BSI's Motion for Partial Summary Judgment and Motion to Bifurcate (Doc. #486 and #491 ) be TERMINATED as MOOT. All claims and motions involving Cyprus will be terminated as moot in light of #562 Notice of Settlement. (Daniel, J) Modified on 10/2/2019 to edit docket text (Garrett, Kim). |
Filing 564 NOTICE of Appearance by attorney JASON WALTERS on behalf of Defendant HONEYWELL INTERNATIONAL, INC. (WALTERS, JASON) |
Filing 563 REPORT OF MEDIATOR from Lynn Gullick - Mediation Held on 8/28/2019. Partial settlement as to Cyprus Amax Minerals, Co.(Gammon, Cheryl) |
Filing 562 NOTICE of Settlement by CYPRUS AMAX MINERALS COMPANY (PECK, TIMOTHY) |
Filing 561 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/19/2019. The action of the plaintiff against defendants Barnes Motor & Parts Co., Inc., Genuine Parts Company, and National Automotive Parts Association, Inc. is dismissed with prejudice, with each party to bear her or its own costs. (Daniel, J) |
Motions Submitted: #560 Joint MOTION to Dismiss Defendants Barnes Motor & Parts Co., Inc., Genuine Parts Company and National Automotive Parts Association, Inc. to JUDGE CATHERINE C. EAGLES- (Williamson, Wanda) |
Filing 560 Joint MOTION to Dismiss Defendants Barnes Motor & Parts Co., Inc., Genuine Parts Company and National Automotive Parts Association, Inc. by BARNES MOTOR & PARTS CO. INC., GENUINE PARTS COMPANY, NATIONAL AUTOMOTIVE PARTS ASSOCIATION, INC.. Response to Motion due by 9/3/2019 (Attachments: #1 Text of Proposed Order)(FRANKEL, SHANNON) |
Filing 559 ORDER signed by JUDGE CATHERINE C. EAGLES on 7/9/2019; that the claims of Plaintiff, Jody E. Ratcliff against Defendant Toyota Motor Sales USA, Inc., are DISMISSED WITH PREJUDICE. Each party to bear its own costs. (Sheets, Jamie) |
Filing 558 ORDER signed by JUDGE CATHERINE C. EAGLES on 7/9/2019; that the claims of Plaintiff, Jody E. Ratcliff against Defendant Nissan North America, Inc., are DISMISSED WITH PREJUDICE. Each party to bear its own costs. (Sheets, Jamie) |
Motions Submitted: #556 Joint MOTION to Dismiss and #557 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 557 Joint MOTION to Dismiss by TOYOTA MOTOR SALES USA, INC. Response to Motion due by 8/1/2019 (Attachments: #1 Text of Proposed Order)(STARR, WILLIAM) |
Filing 556 Joint MOTION to Dismiss by NISSAN NORTH AMERICA, INC.. Response to Motion due by 8/1/2019 (Attachments: #1 Text of Proposed Order)(STARR, WILLIAM) |
Minute Entry for proceedings held before MAGISTRATE JUDGE JOI ELIZABETH PEAKE in WS-3: Discovery Hearing held on 6/20/2019. Attorneys John Hughes and Shannon Tully present for the Plaintiff. Attorneys Molly Pearce and Robert Scott, Jr. present on behalf of Defendant Brenntag Specialties, Inc. and Attorneys Robert Meriwether and Robert Baum present on behalf of Defendant Whittaker Clark & Daniels, Inc. All pending discovery issues are considered resolved. The court finds there is no basis for additional discovery or sanctions and finds no spoliation in the present litigation, and Plaintiff's #554 Motion for Sanctions is DENIED. Defendant Brenntag is to provide Plaintiff with a copy of its current document retention policy with appropriate redactions and make a limited inquiry to approximate the range of Certificates of Analysis and whether or not they exist in hard copy. (Proceedings Recorded.) (Engle, Anita) |
***Attorney ROBERT L. BAUM for WHITTAKER CLARK & DANIELS, INC. added. (Engle, Anita) |
ORAL ORDER issued by MAGISTRATE JUDGE JOI ELIZABETH PEAKE on 6/20/2019. Plaintiff's #554 Motion for Sanctions is DENIED. (Engle, Anita) |
Filing 555 MEMORANDUM filed by Plaintiff JODY E. RATCLIFF re #554 MOTION for Sanctions and for Order Compelling Discovery and for Protective Order to Preserve Evidence filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(TULLY, SHANNON) |
Filing 554 MOTION for Sanctions and for Order Compelling Discovery and for Protective Order to Preserve Evidence by JODY E. RATCLIFF. Response to Motion due by 7/15/2019 (Attachments: #1 Text of Proposed Order)(TULLY, SHANNON) |
Motions Referred: RE: #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 553 REPLY, to Response to #486 MOTION for Partial Summary Judgment Regarding Any Direct Claims That Plainitff May Be Asserting Against BSI Reply in Support of Motion for Partial Summary Judgement. (Attachments: #1 Exhibit EXHIBIT 13, #2 Exhibit EXHIBIT 14, #3 Exhibit EXHIBIT 15, #4 Exhibit EXHIBIT 16, #5 Exhibit EXHIBIT 17, #6 Exhibit EXHIBIT 18, #7 Exhibit EXHIBIT 19, #8 Exhibit EXHIBIT 20, #9 Exhibit EXHIBIT 21)(SCOTT, ROBERT) |
Filing 552 REPLY, filed by Defendant FORD MOTOR COMPANY, to Response to #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike filed by FORD MOTOR COMPANY. (RIES, ADDIE) |
Filing 551 JOINT STATUS REPORT Plaintiff, BSI, & WCD Re 6/20/19 Hearing filed by all parties.. (Attachments: #1 Exhibit Email 6/8/19, #2 Exhibit Email Re Server, #3 Exhibit Email 6/14/19, #4 Exhibit Emails 6/6/19 & 6/8/19, #5 Exhibit Email 6/11/19, #6 Exhibit Email 6/12/19, #7 Exhibit Email 6/13/19)(TULLY, SHANNON) |
Motions Referred: RE: #463 #465 #467 #468 #471 #472 #475 #477 #480 #486 to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Filing 550 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/11/2019. The Consent Motion (Doc. #537 ) is GRANTED to the extent that the time for Ford to file its Reply in Support of its Daubert Motion to Exclude the Testimony of Plaintiff's Expert David Rosner is extended through and including June 17, 2019. Replies due by 6/17/2019. (Daniel, J) |
Filing 549 REPLY in Support re #492 Brief, #491 MOTION to Bifurcate filed by BRENNTAG SPECIALTIES, INC.. Replies due by 6/27/2019 (Attachments: #1 Exhibit A, #2 Exhibit B)(MELCHER, JEFFREY) Modified on 7/12/2019 to correct title of document(Sanders, Marlene). |
Filing 548 REPLY, filed by Defendant FORD MOTOR COMPANY, to Response to #467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody filed by FORD MOTOR COMPANY. (RIES, ADDIE) |
Filing 547 REPLY, filed by Defendant CYPRUS AMAX MINERALS COMPANY, to Response to #480 MOTION for Summary Judgment filed by CYPRUS AMAX MINERALS COMPANY. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit A-Part 3)(PECK, TIMOTHY) |
Filing 546 REPLY, filed by Defendant WHITTAKER CLARK & DANIELS, INC., to Response to #465 MOTION in Limine /Daubert Motion filed by WHITTAKER CLARK & DANIELS, INC.. (MERIWETHER, ROBERT) |
Filing 545 REPLY, filed by Defendant WHITTAKER CLARK & DANIELS, INC., to Response to #477 MOTION for Summary Judgment filed by WHITTAKER CLARK & DANIELS, INC.. (Attachments: #1 Exhibit A - Video Deposition of Dr. John Hopkins taken 08/18/2017)(MERIWETHER, ROBERT) |
Filing 544 REPLY, filed by Defendant WHITTAKER CLARK & DANIELS, INC., to Response to #472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation filed by WHITTAKER CLARK & DANIELS, INC.. (MERIWETHER, ROBERT) |
Filing 543 REPLY, filed by Defendant FORD MOTOR COMPANY, to Response to #471 MOTION for Summary Judgment filed by FORD MOTOR COMPANY. (KIGER, CHRISTOPHER) |
Filing 542 REPLY, filed by Defendant FORD MOTOR COMPANY, to Response to #475 MOTION for Summary Judgment Defendants Ford Motor Company, Cyprus Amax Minerals Company, Brenntag Specialties, Inc., and Whittaker, Clark, & Daniels, Inc.'s Statute of Limitations Motion for Summary Judgment filed by FORD MOTOR COMPANY. (Attachments: #1 Exhibit A - Ford's Expert Witness Designation)(RIES, ADDIE) |
Filing 541 NOTICE of Appearance by attorney KIP NELSON on behalf of Defendant CYPRUS AMAX MINERALS COMPANY (NELSON, KIP) |
ELECTRONIC NOTICE to counsel: Counsel are reminded to submit one (1) working copy to the Court of any and all documents related to the pending Motions for Summary Judgment within one (1) business day of filing of documents on CM/ECF. (Sanders, Marlene) |
Motions Referred: RE: #537 Consent MOTION for Extension of Time to File Response/Reply as to #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike, #467 MOTION to Exclude to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 540 DECLARATION of Technical Failures filed by Plaintiff JODY E. RATCLIFF re #535 Response in Opposition to Motion filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit)(GRAHAM, WILLIAM) |
Filing 539 REPLY, filed by Defendant HONEYWELL INTERNATIONAL, INC., to Response to #463 MOTION to Exclude DAUBERT MOTION TO EXCLUDE DR. BEDROSSIANS CAUSATION TESTIMONY filed by HONEYWELL INTERNATIONAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(DAVIS, HARRY) |
Filing 538 REPLY, filed by Defendant HONEYWELL INTERNATIONAL, INC., to Response to #468 MOTION for Summary Judgment filed by HONEYWELL INTERNATIONAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(DAVIS, HARRY) |
Filing 537 Consent MOTION for Extension of Time to File Response/Reply as to #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike, #467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody by FORD MOTOR COMPANY. (Attachments: #1 Text of Proposed Order)(RIES, ADDIE) |
Filing 536 SEALED RESPONSE BSI MSJ filed by Plaintiff JODY E. RATCLIFF, Defendant BRENNTAG SPECIALTIES, INC. re #490 Corrected Document, filed by JODY E. RATCLIFF, BRENNTAG SPECIALTIES, INC.. Replies due by 6/20/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(TULLY, SHANNON) |
Filing 535 RESPONSE in Opposition re #490 Corrected Document, BSI MSJ filed by JODY E. RATCLIFF. Replies due by 6/17/2019 (TULLY, SHANNON) |
Filing 534 CONSENT CONFIDENTIALITY AND PROTECTIVE ORDER. This Consent Protective Order is ADOPTED subject to the Court's Standard Supplemental Protective Order entered April 30, 2019 (Doc. #496 ). Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/30/2019. (Daniel, J) |
Filing 533 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/30/2019. Plaintiff's Motion to Compel (Doc. #454 ) is GRANTED as set out during the prior hearings and as noted herein; that Plaintiff and BSI must engage in a further conference by June 12, 2019, as set out herein; that Plaintiff and BSI must file a Joint Report by June 14, 2019, identifying any remaining disputed issues; and that this case is set for a further hearing on June 20, 2019 at 9:30 a.m., unless all matters are resolved prior to that date. (Daniel, J) |
CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: #532 Reply (Garrett, Kim) |
Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Discovery Hearing held on 5/30/2019. Attorneys Shannon Tully and William Graham present for Plaintiff and Attorneys Molly Pearce and Robert Scott, Jr. present for Defendants. Parties confirm no remaining discovery issues that would affect dispositive motion briefing. Parties instructed to meet and confer by 6/12/19 as to issues stated in court and file a Joint Report by 6/14/19 as to remaining disputes, if any. Matter set for hearing on remaining issues 6/20/19 at 9:30 am. Written order forthcoming. Proceedings recorded. (Garrett, Kim) |
Set Hearings: Discovery Hearing set for 6/20/2019 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. Hearing may be canceled depending upon Joint Status Report due 6/14/19. (Garrett, Kim) |
Filing 532 REPLY by Plaintiff JODY E. RATCLIFF to Magistrate Judge Peake, re: May 30, 2019, Discovery Hearing. (TULLY, SHANNON) |
Filing 531 NOTICE of Appearance by attorney MOLLY D. PEARCE on behalf of Defendant BRENNTAG SPECIALTIES, INC. (PEARCE, MOLLY) |
Filing 530 RESPONSE in Opposition re #491 MOTION to Bifurcate filed by BRENNTAG SPECIALTIES, INC. filed by JODY E. RATCLIFF. Replies due by 6/10/2019 (Attachments: #1 Exhibit 1 - Depo of Maude Bishop, #2 Exhibit 2 - Depo of Jody Ratcliff (2016-12-13), #3 Exhibit 3 - Depo of Jody Ratcliff (2017-02-14), #4 Exhibit 4 - Depo of Jody Ratcliff (2016-12-20), #5 Exhibit 5 - EL & Clinique Discovery Responses, #6 Exhibit 6 - Cliniques Answers to Interrogatories, #7 Exhibit 7 - Maybelline Document Production, #8 Exhibit 8 - Proctor & Gamble's 2nd Supplemental Answers to Interrogatories)(TULLY, SHANNON) |
Filing 529 RESPONSE by Plaintiff JODY E. RATCLIFF re #520 Response in Opposition to Motion,,,,,,,,,,, Amended to Correct Document Number Reference. (TULLY, SHANNON) |
Filing 528 DECLARATION filed by Plaintiff JODY E. RATCLIFF re #523 Response in Opposition to Motion filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39)(TULLY, SHANNON) |
Filing 527 RESPONSE in Opposition re #480 MOTION for Summary Judgment filed by CYPRUS AMAX MINERALS COMPANY filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75)(TULLY, SHANNON) |
Filing 526 RESPONSE in Opposition re #467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody filed by FORD MOTOR COMPANY filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34)(TULLY, SHANNON) |
Filing 525 RESPONSE in Opposition re #463 MOTION to Exclude DAUBERT MOTION TO EXCLUDE DR. BEDROSSIANS CAUSATION TESTIMONY filed by HONEYWELL INTERNATIONAL, INC. filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(TULLY, SHANNON) |
Filing 524 RESPONSE in Opposition re #471 MOTION for Summary Judgment filed by FORD MOTOR COMPANY filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(TULLY, SHANNON) |
Filing 523 RESPONSE in Opposition re #477 MOTION for Summary Judgment filed by WHITTAKER CLARK & DANIELS, INC. filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (TULLY, SHANNON) |
Filing 522 RESPONSE in Opposition re #472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation filed by WHITTAKER CLARK & DANIELS, INC. filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1 - Email Correspondence (2018-10-30), #2 Exhibit 2 - Depo of Dr. Brody, #3 Exhibit 3 - Report of Dr. Bedrossian, #4 Exhibit 4 - Order on Motions to Exclude Expert Testimony in Jack v. BorgWarner, #5 Exhibit 5 - Order in Waite v. AII Acquisition Corp., #6 Exhibit 6 - Gore v. Air & Liquid Systems Corp., Slip copy, #7 Exhibit 7 - National Safety News, August 2018, #8 Exhibit 8 - Occupational Disease Hazards, #9 Exhibit 9 - Medical Press and Circular Supplement, #10 Exhibit 10 - Industrial medicine, #11 Exhibit 11 - No half Way Measures in Dust Control, #12 Exhibit 12 - Helsinki Criteria, #13 Exhibit 13 - Helsinki Criteria, #14 Exhibit 14 - EPA Guide for Ship Scrappers, #15 Exhibit 15 - OSHA Webpage, #16 Exhibit 16 - Mesothelioma of Pleura and Peritoneum, #17 Exhibit 17 - Malignant Mesothelioma of the Pleura, #18 Exhibit 18 - Asbestos-Related Mesothelioma, #19 Exhibit 19 - Asbestiform Fibers, #20 Exhibit 20 - Pleural Mesothelioma: Dose Response Relation, #21 Exhibit 21 - Asbestos and Man-Made Vitreous Fibers, #22 Exhibit 22 - Occupational and Non-Occupational Attributable Risk of Asbestos Exposure, #23 Exhibit 23 - Occupational Asbestos Exposure and Risk of Pleural Mesothelioma, #24 Exhibit 24 - Occupation and Risk of Malignant Pleural Mesothelioma, #25 Exhibit 25 - Asbestos-Related Lung Cancer, #26 Exhibit 26 - Mesothelioma Continues to Increase Even 40 Years After Exposre, #27 Exhibit 27 - Latency Periods in Asbestos-Related Mesothelioma of the Pleura, #28 Exhibit 28 - Ecological Association Between Asbestos-Related Diseases and Historical, #29 Exhibit 29 - Residential Proximity to naturally Occurring Asbestos, #30 Exhibit 30 - Asbestos Exposure Causes Mesothelioma, #31 Exhibit 31 - In re Asbestos Products Liability Litigation)(TULLY, SHANNON) |
Filing 521 RESPONSE in Opposition re #465 MOTION in Limine /Daubert Motion filed by WHITTAKER CLARK & DANIELS, INC. filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1 - Report of Dr. Bedrossian, #2 Exhibit 2 - November 11, 1977 Agreement, #3 Exhibit 3 - Depo of Keith Lehman, #4 Exhibit 4 - J&J's Supp Answers to Interrogatories, #5 Exhibit 5 - WCD's Sales records from the Zoas Case, #6 Exhibit 6 - 2009 Johnson's baby Powder Specification, #7 Exhibit 7 - Clinique's Response to Interrogatories, #8 Exhibit 8 - National Safety news, Aug 1933, #9 Exhibit 9 - Occupational Disease Hazards, #10 Exhibit 10 - Medical Press, 1938, #11 Exhibit 11 - Industrial Medicine, 1942, #12 Exhibit 12 - No Half Way Measures in Dust Control, #13 Exhibit 13 - Helsinki Criteria, #14 Exhibit 14 - Helsinki Criteria, #15 Exhibit 15 - EPA Guide for Ship Scrappers, #16 Exhibit 16 - OSHA Webpage, Asbestos, #17 Exhibit 17 - Mesothelioma of Pleura and Peritoneum, #18 Exhibit 18 - Malignant Mesothelioma of the Pleura in Italy, #19 Exhibit 19 - Asbestos-Related Mesothelioma, #20 Exhibit 20 - Asbestiform Fibers, 1984, #21 Exhibit 21 - Pleural Mesothelioma, Dose-Response Relation, #22 Exhibit 22 - Asbestos and Man-Made Vitreous Fibers, #23 Exhibit 23 - Occupational and Non-Occupational Attributable Risk of Asbestos, #24 Exhibit 24 - Occupational Asbestos Exposure, #25 Exhibit 25 - Occupation and Risk of Malignant Pleural Mesothelioma, #26 Exhibit 26 - Asbestos-Related Lunch Cancer, #27 Exhibit 27 - Mesothelioma Continues to Increase, #28 Exhibit 28 - Latency Periods in Asbestos-Related Mesothelioma, #29 Exhibit 29 - Ecological Association Between Asbestos-related Diseases and Historical Asbestos Consumption, #30 Exhibit 30 - Residential Proximity to Naturally Occurring Asbestos, #31 Exhibit 31 - Asbestos Exposure Causes Mesothelioma)(TULLY, SHANNON) |
Filing 520 RESPONSE in Opposition re #468 MOTION for Summary Judgment filed by HONEYWELL INTERNATIONAL, INC. filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1 - Depo of Murphy Oden Ratcliff, #2 Exhibit 2 - Depo of Jody Ratcliff, #3 Exhibit 3 - Memorandum on Industrial Diseases, #4 Exhibit 4 - Depo of Joel Cohen, #5 Exhibit 5 - ASME Membership list 1940, #6 Exhibit 6 - Dust in Industry, #7 Exhibit 7 - The Control of Industrial Dust, #8 Exhibit 8 - Dust in Industry, The Sampling and Analysis, #9 Exhibit 9 - Toxic Dusts, #10 Exhibit 10 - Hueper article, #11 Exhibit 11 - Medicine article, Newsweek, #12 Exhibit 12 - 1947 Anti-Trust Litigation, #13 Exhibit 13 - FMSI History, #14 Exhibit 14 - Encyclopedia Britannica 731, #15 Exhibit 15 - New York Industrial Code Rule 12, #16 Exhibit 16 - W.C. Hueper Asbestos Article, 1965, #17 Exhibit 17 - Jane E. Brody article, #18 Exhibit 18 - Letter dated Sept 12, 1966, #19 Exhibit 19 - Letter from Johns-Manville to Bendix, 1968, #20 Exhibit 20 - Letter from Johns-Manville to Bendix, 1969, #21 Exhibit 21 - Memo from N.W. Hendry, 1972, #22 Exhibit 22 - Minutes of FMSI Meeting, 1971, #23 Exhibit 23 - Minutes of FMSI Meeting, 1968, #24 Exhibit 24 - Letter from British Friction Materials Council, 1972, #25 Exhibit 25 - Letter from Abex to BFMC, 1972, #26 Exhibit 26 - Letter to FMSI, 1973, #27 Exhibit 27 - Minutes of FMSI Study Group, 1973, #28 Exhibit 28 - Minutes of Annual FMSI Meeting - 1973, #29 Exhibit 29 - Minutes of Annual FMSI Meeting 1974, #30 Exhibit 30 - FMSI Communication, March 10, 1975, #31 Exhibit 31 - Letter to Denny Crandall, April 11, 1974, #32 Exhibit 32 - Internal memo, 1976, #33 Exhibit 33 - Bendix Memo, 1975, #34 Exhibit 34 - NIOSH Bulletin, 1975, #35 Exhibit 35 - Asbestos Information Assoc. Conf., 1975, #36 Exhibit 36 - Tawiah article, #37 Exhibit 37 - Memo from S.K. Rhee to D. Bitondo, #38 Exhibit 38 - Memo from Armstrong, 1976, #39 Exhibit 39 - Memo from P.H.S. Tsang, 1978, #40 Exhibit 40 - Memo from S.K. Rhee, 1978, #41 Exhibit 41 - Armstrong memo, 1980, #42 Exhibit 42 - Images of Bendix Box, #43 Exhibit 43 - FMSI Minutes, 1977, #44 Exhibit 44 - Ballots, 1976, #45 Exhibit 45 - FMSI Minutes, 1978, #46 Exhibit 46 - Bendix memo, 1972, #47 Exhibit 47 - Letter from E.W. Drislane to J.H. Kelly, 1972, #48 Exhibit 48 - Honeywell Industrial Hygiene, #49 Exhibit 49 - Bendix Memo, 1980, #50 Exhibit 50 - Bendix Bulletin to Rebuilders, 1973, #51 Exhibit 51 - General Bulletin, 1979, #52 Exhibit 52 - Report of Sept. 11, 1979 Meeting, #53 Exhibit 53 - Hickish & Knight article, #54 Exhibit 54 - Thomas v. Borgwarner Decision)(TULLY, SHANNON) |
Filing 519 RESPONSE in Opposition re #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike filed by FORD MOTOR COMPANY filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1 - Ford's Answers to Interrogatories (2018-09-11), #2 Exhibit 2 - Report of Dr. Rosner (2011-11-09), #3 Exhibit 3 - Deposition of Dr. Rosner (2019-02-21), #4 Exhibit 4 - Depo of Matthew Fyie (2013-10-16), #5 Exhibit 5 - Ratcliff Complaint)(TULLY, SHANNON) |
Filing 518 RESPONSE in Opposition re #475 MOTION for Summary Judgment Defendants Ford Motor Company, Cyprus Amax Minerals Company, Brenntag Specialties, Inc., and Whittaker, Clark, & Daniels, Inc.'s Statute of Limitations Motion for Summary Judgment filed by FORD MOTOR COMPANY filed by JODY E. RATCLIFF. Replies due by 6/6/2019 (Attachments: #1 Exhibit 1 - Deposition of Jody Ratcliff (2016-12-13), #2 Exhibit 2 - 2005 Vanderbilt Path Report, #3 Exhibit 3 - 2005 MD Anderson Consultation Report, #4 Exhibit 4 - Deposition of Jody Ratcliff (2017-02-14), #5 Exhibit 5 - VMMC Consult Report, #6 Exhibit 6 - Wake Forest Pathology Report, #7 Exhibit 7 - Dr. Kindler Diagnosis History, #8 Exhibit 8 - Dr. Kindler Pathology Report, #9 Exhibit 9 - VMMC Outpatient Clinic Notes, #10 Exhibit 10 - Dr. Coveler Outpatient Record, #11 Exhibit 11 - Deposition of Jody Ratcliff (2018-09-20), #12 Exhibit 12 - Articles co-authored/relied upon by Defense Experts, #13 Exhibit 13 - Trupiano article, #14 Exhibit 14 - Cytoreductive Surgery article, #15 Exhibit 15 - Report of Dr. Bedrossian (2018-11-08), #16 Exhibit 16 - Report of Dr. Crapo (2018-12-07), #17 Exhibit 17 - Report of Dr. Gibbs (2018-12-19), #18 Exhibit 18 - Report of Dr. Attanoos (2018-12-19), #19 Exhibit 19 - Deposition of Dr. Roggli (2019-03-11), #20 Exhibit 20 - Bouvier article, #21 Exhibit 21 - Hoekman article, #22 Exhibit 22 - Hoekstra article, #23 Exhibit 23 - Galateau-Salle article, #24 Exhibit 24 - Husain article, #25 Exhibit 25 - Transcript of Proceedings (2017-08-18), #26 Exhibit 26 - Deposition of Dr. Gibbs (2019-03-13), #27 Exhibit 27 - VMMC Pathology Report, #28 Exhibit 28 - Kanarek article, #29 Exhibit 29 - Deposition of Dr. Pereira (2018-10-23), #30 Exhibit 30 - Deposition of Dr. Levine (2018-11-27), #31 Exhibit 31 - Foyle article, #32 Exhibit 32 - Goepel article, #33 Exhibit 33 - Brrig article, #34 Exhibit 34 - Daya article, #35 Exhibit 35 - Heller article, #36 Exhibit 36 - Butnor article, #37 Exhibit 37 - Baker article, #38 Exhibit 38 - Boffetta article, #39 Exhibit 39 - Blackham article, #40 Exhibit 40 - Cao article, #41 Exhibit 41 - Faig article)(TULLY, SHANNON) |
Filing 517 SECOND INTERIM REPORT OF MEDIATOR from Lynn G. Gullick - Mediation Held on 3/15/2019, and recessed. Mediation to resumed at a later date. A Third Interim Report to be filed in 45 days. (Gammon, Cheryl) |
Filing 516 ORDER granting #504 Motion for Extension of Time to File Response/Reply as to #465 MOTION in Limine /Daubert Motion until May 20, 2019, and that the word count limit for Plaintiff's memorandum inopposition to WCD's Daubert Motion and Motion in Limine to Exclude the Testimony and Specific Causation Opinions of Dr. Carlos Bedrossian is extended to thirty (30) pages or no more than 10,000 words. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/8/19.(Garrett, Kim) |
Filing 515 ORDER granting #503 Motion for Extension of Time to File Response/Reply as to #472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation until May 20, 2019; and the word count limit for Plaintiff's memorandum in opposition to WCD's Motion in Limine to Exclude Cumulative Exposure Opinion as Evidence of Specific Causation is extended to thirty (30) pages or no more than 10,000 words. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/8/19.(Garrett, Kim) |
Filing 514 ORDER granting #502 Motion for Extension of Time to File Response/Reply as to #463 MOTION to Exclude DAUBERT MOTION TO EXCLUDE DR. BEDROSSIANS CAUSATION TESTIMONY until May 20, 2019 and the word count limit for Plaintiff's memorandum in opposition to Honeywell's Daubert Motion to Exclude Dr. Bedrossian's Causation Testimony is extended to thirty (30) pages or no more than 10,000 words, and Honeywell shall file all reply papers fourteen (14) days after the filing of Plainitff's opposition. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/8/19.(Garrett, Kim) |
Filing 513 ORDER granting in part #501 Motion for Extension of Time to File Response/Reply as to #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike is hereby extended to May 20, 2019. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/8/19.(Garrett, Kim) |
Filing 512 ORDERby MAG/JUDGE JOI ELIZABETH PEAKE on 5/8/19 granting in part #500 Motion for Extension of Time to File Response/Reply as to #467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody until May 20, 2019 and the word count limit for Plainitff's memorandum in opposition to Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody is extended to thirty (30) pages or no more than 10,000 words.(Garrett, Kim) |
Filing 511 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/8/2019. The action of Plaintiff against Navistar, Inc. be dismissed with prejudice, with each party to bear her or its own costs. (Daniel, J) |
Filing 510 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/8/2019. The action of Plaintiff against Mitsubishi Motors North America, Inc. be dismissed without prejudice, with each party to bear her or its own costs. (Daniel, J) |
Filing 509 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/9/2019. The action of Plaintiff against American Honda Motor Co., Inc. be dismissed without prejudice, with each party to bear her or its own costs. (Daniel, J) |
Filing 508 Joint MOTION to Dismiss by NAVISTAR INC.. Response to Motion due by 6/3/2019 (Attachments: #1 Text of Proposed Order)(STARR, WILLIAM) |
Filing 507 Joint MOTION to Dismiss by MITSUBISHI MOTORS NORTH AMERICA, INC.. Response to Motion due by 6/3/2019 (Attachments: #1 Text of Proposed Order)(STARR, WILLIAM) |
Filing 506 Joint MOTION to Dismiss by AMERICAN HONDA MOTOR CO. INC.. Response to Motion due by 6/3/2019 (Attachments: #1 Text of Proposed Order)(STARR, WILLIAM) |
Motions Submitted: #506 #507 #508 Joint MOTIONS to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 505 NOTICE of Appearance by attorney ROBERT E. SCOTT, JR on behalf of Defendant BRENNTAG SPECIALTIES, INC. (SCOTT, ROBERT) |
Motions Referred: RE: #500 #501 #502 #503 #504 Consent MOTIONS for Extension of Time to File Response/Reply to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 504 Consent MOTION for Extension of Time to File Response/Reply as to #465 MOTION in Limine /Daubert Motion by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order)(TULLY, SHANNON) |
Filing 503 Consent MOTION for Extension of Time to File Response/Reply as to #472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order)(TULLY, SHANNON) |
Filing 502 Consent MOTION for Extension of Time to File Response/Reply as to #463 MOTION to Exclude DAUBERT MOTION TO EXCLUDE DR. BEDROSSIANS CAUSATION TESTIMONY by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order)(TULLY, SHANNON) |
Filing 501 Consent MOTION for Extension of Time to File Response/Reply as to #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order)(TULLY, SHANNON) |
Filing 500 Consent MOTION for Extension of Time to File Response/Reply as to #467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order)(TULLY, SHANNON) |
Filing 499 NOTICE of Appearance by attorney JEFFREY WILLIAM MELCHER on behalf of Defendant BRENNTAG SPECIALTIES, INC. (MELCHER, JEFFREY) |
Filing 498 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/2/2019. The motion (Doc. #497 ) is GRANTED and the action of Plaintiff, JODY E. RATCLIFF, against Defendant, CONTINENTAL AUTOMOTIVE SYSTEMS, INC., is DISMISSED with prejudice, with each party to bear its own costs. (Daniel, J) |
Filing 497 Joint MOTION to Dismiss Continental Automotive Systems, Inc. by CONTINENTAL AUTOMOTIVE SYSTEMS, INC.. Response to Motion due by 5/28/2019 (Attachments: #1 Text of Proposed Order)(PECK, TIMOTHY) |
Motions Submitted: #497 Joint MOTION to Dismiss Continental Automotive Systems, Inc. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 496 SUPPLEMENTAL PROTECTIVE ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/30/2019. The stipulated protective order is LIMITED and MODIFIED as set out herein. (Daniel, J) |
Filing 495 CONSENT CONFIDENTIALITY AND PROTECTIVE ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/30/2019. This Consent Protective Order is ADOPTED subject to the Court's Standard Supplemental Protective Order entered herewith. (Daniel, J) |
Filing 494 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/30/2019. The Motion to Compel (Doc. #436 ) is GRANTED IN PART as set out herein. (Daniel, J) |
Minute Entry for proceedings held before MAGISTRATE JUDGE JOI ELIZABETH PEAKE in WS-3: Motion Hearing held on 4/30/2019. Attorneys Shannon Tully and William Graham present for the Plaintiff. Attorneys Jeffrey Melcher and Michael Manfredi present for Defendant Brenntag Specialties, Inc. Plaintiff's #454 MOTION to Compel Discovery of Brenntag Specialties, Inc. is GRANTED to the extent stated in court. Parties to circulate a proposed order and submit to Magistrate Judge Peake's CM/ECF mailbox. Case is set for hearing on 5/30/2019 at 10:00 a.m. for Plaintiff and Defendant BRENNTAG SPECIALTIES, INC. to discuss any non-dispositive discovery related matters prior to trial. Written order forthcoming. (Proceedings Recorded.) (Engle, Anita) Modified on 4/30/2019 to add parties for 5/30/2019 hearing. (Engle, Anita). |
Set Hearing: Discovery Hearing set for 5/30/2019 at 10:00 AM in Winston-Salem Courtroom #3 before MAGISTRATE JUDGE JOI ELIZABETH PEAKE. (Engle, Anita) |
Filing 493 Supplemental Position, filed by Plaintiff JODY E. RATCLIFF, to Response to #454 MOTION to Compel Discovery of Brenntag Specialties, Inc. filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9)(TULLY, SHANNON) Modified on 4/29/2019 to edit docket text (Garrett, Kim). |
Filing 492 BRIEF re #491 MOTION to Bifurcate . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(MELCHER, JEFFREY) |
Filing 491 MOTION to Bifurcate by BRENNTAG SPECIALTIES, INC.. Response to Motion due by 5/23/2019 (Attachments: #1 Text of Proposed Order)(MELCHER, JEFFREY) |
Filing 490 Corrected document (BRIEF) re: #486 MOTION for Partial Summary Judgment Regarding Any Direct Claims That Plainitff May Be Asserting Against BSI. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(MELCHER, JEFFREY) |
CASE REFERRED RE: #493 Supplemental Position, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 488 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/26/2019. The Motion to Compel (Doc. #487 ) is DENIED, and Plaintiff is directed to file a Supplemental Position Paper by 4:00 p.m. on Monday, April 29, 2019, specifying the matters remaining is dispute for the hearing on Tuesday, April 30, 2019. (Daniel, J) |
Filing 487 MOTION to Continue the Hearing Date on Plaintiff's Motion to Compel by BRENNTAG SPECIALTIES, INC.. (MELCHER, JEFFREY) |
Motion Referred: RE: #487 MOTION to Continue the Hearing Date on Plaintiff's Motion to Compel, to MAG/JUDGE JOI ELIZABETH PEAKE. (Marsh, Keah) |
Filing 486 MOTION for Partial Summary Judgment Regarding Any Direct Claims That Plainitff May Be Asserting Against BSI by BRENNTAG SPECIALTIES, INC.. Response to Motion due by 5/31/2019 (Attachments: #1 Statement of Facts, #2 Memorandum of Law In Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Text of Proposed Order)(MELCHER, JEFFREY) |
Filing 485 *Terminated* - See #491 . MOTION to Bifurcate by BRENNTAG SPECIALTIES, INC.. Response to Motion due by 5/20/2019 (Attachments: #1 Memorandum of Law in Support of Motion to Bifurcate, #2 Text of Proposed Order Proposed Order, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2)(MELCHER, JEFFREY) Modified on 4/30/2019 to terminate. See #491 (Daniel, J) |
Filing 484 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/24/2019. Plaintiff's Motion to Compel (Doc. #434 ) is GRANTED as set out herein. (Daniel, J) |
Filing 483 RESPONSE to Plaintiff's Motion to Compel filed by Defendant BRENNTAG SPECIALTIES, INC. re #454 MOTION to Compel Discovery of Brenntag Specialties, Inc. filed by JODY E. RATCLIFF filed by BRENNTAG SPECIALTIES, INC.. Replies due by 5/13/2019 (MELCHER, JEFFREY) |
Filing 482 ORDER granting #457 Motion for Extension of Time To File Dispositive Motions and a Motion to Bifurcate for BRENNTAG SPECIALTIES, INC., until April 25, 2019 but Defendant Brenntag's deadline for filing any Reply Briefs will be shortened from 14 days to 7 days. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/17/19.(Garrett, Kim) |
TEXT ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 4/17/19. Given the Court's prior Order directing Brenntag Specialties Inc. to respond to discovery in this case, any Response to #454 Motion to Compel must be filed by April 24, 2019, and this Motion is set for a hearing on Tuesday, April 30, 2019, at 10:00, in Winston-Salem, Courtroom No. 3, unless the parties resolve their discovery dispute prior to that date. (Garrett, Kim) |
Set/Reset Deadlines/Hearings: Response Deadline as to #454 Motion to Compel set for 4/24/19. Motion Hearing as to #454 Motion to Compel set for 4/30/2019 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE unless resolved. (Garrett, Kim) |
*** Attorney WILLIAM P. EARLY terminated. See #252 Order. (Butler, Carol) |
Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Motion Hearing held on 4/16/2019 re: #436 MOTION to Compel Discovery Cypress Amax Minerals Co. and #434 MOTION to Compel Discovery of Whittaker Clark and Daniels. Attorneys John Hughes and Shannon Tully present for Plaintiff, Attorneys Robert Meriwether present for Whittaker, Clark and Danielsand Timothy Peck present for Cyprus Amax Minerals Company The Court will grant #434 Motion to Compel as set out in court and instructed Plaintiff's counsel to submit a proposed order to Defendants counsel for review by 4/17/19 before submitting to the Court. As to, #436 Motion to Compel the Court will grant in part as set out in court and instructed Plaintiffs counsel to submit a proposed order after defendants review. Attorney Timothy Peck to submit proposed order as to protective order. Proceedings recorded. (Garrett, Kim) |
Filing 481 BRIEF re #480 MOTION for Summary Judgment by Defendant Cyprus Amax Minerals Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(PECK, TIMOTHY) |
Filing 480 MOTION for Summary Judgment by CYPRUS AMAX MINERALS COMPANY. Response to Motion due by 5/20/2019 (PECK, TIMOTHY) |
Filing 479 STATEMENT re #477 MOTION for Summary Judgment by Defendant WHITTAKER CLARK & DANIELS, INC.. (MERIWETHER, ROBERT) |
Filing 478 MEMORANDUM re #477 MOTION for Summary Judgment In Support by Defendant WHITTAKER CLARK & DANIELS, INC.. (Attachments: #1 Exhibit A - Oct. 23, 2018 Depo of Jason Pereira, MD, #2 Exhibit B - Feb. 14, 2017 Depo of Jody Ratcliff, #3 Exhibit C - Depo Transcript of Jody Ratcliff, #4 Exhibit C - con't, #5 Exhibit D - Nov. 8, 2018 Expert Report of Carlos Bedrossian, MD, Ph.D, #6 Exhibit E - Aug. 5-17, 2017 Depo of Dr. John Hopkins, #7 Exhibit F - J&J Defs Answer to RFA, #8 Exhibit G - Mar. 6, 2019 Depo of Carlos Bedrossian, MD, #9 Exhibit H - Feb. 19, 2019 Depo of William Longo, Ph.D, #10 Exhibit I - Jan. 10, 2019 Depo of Steven P. Compton, Ph.D)(MERIWETHER, ROBERT) |
Filing 477 MOTION for Summary Judgment by WHITTAKER CLARK & DANIELS, INC.. Response to Motion due by 5/20/2019 (MERIWETHER, ROBERT) |
Filing 476 MEMORANDUM filed by Defendant FORD MOTOR COMPANY re #475 MOTION for Summary Judgment Defendants Ford Motor Company, Cyprus Amax Minerals Company, Brenntag Specialties, Inc., and Whittaker, Clark, & Daniels, Inc.'s Statute of Limitations Motion for Summary Judgment filed by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A - Deposition of Dr. Jason K. Pereira, #3 Exhibit B - Depositions of Jody Ratcliff, #4 Exhibit C - 3/6/19 Deposition of Dr. Carlos Bedrossian, #5 Exhibit D - Deposition of Dr. Edward Levine, #6 Exhibit E - WHO Classification of Tumours, #7 Exhibit F - 1/6/18 Deposition of Dr. Carlos Bedrossian, #8 Exhibit G - Report of Dr. Carlos Bedrossian, #9 Exhibit H - 10/4/10 Email, #10 Exhibit I - Washington Order dated 8/24/17, #11 Exhibit J - 2/8/18 Washington Hearing Transcript)(RIES, ADDIE) |
Filing 475 MOTION for Summary Judgment Defendants Ford Motor Company, Cyprus Amax Minerals Company, Brenntag Specialties, Inc., and Whittaker, Clark, & Daniels, Inc.'s Statute of Limitations Motion for Summary Judgment by FORD MOTOR COMPANY. Response to Motion due by 5/20/2019 (RIES, ADDIE) |
Filing 474 Support BRIEF re #472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation . (Attachments: #1 Exhibit A - Oct. 26, 2018 Expert Report of Arnold Brody, Ph.D., #2 Exhibit B - Nov. 8, 2018 Expert Report of Carlos Bedrossian, MD, Ph.D, #3 Exhibit C - Mar. 6, 2019 Depo of Carlos Bedrossian, MD, #4 Exhibit D - Feb. 19, 2019 Depo of William Longo, Ph.D, #5 Exhibit E - Jan. 10, 2019 Depo of Steven P. Compton, Ph.D., #6 Exhibit F - Oct. 23, 2018 Depo of Jason Pereira, MD, #7 Exhibit G - Oct. 4, 2010 Email, #8 Exhibit H - Nov. 27, 2018 Depo of Edward Levine, MD, #9 Exhibit I - Expert Report of Kenneth Mundt, Ph.D., FACE)(MERIWETHER, ROBERT) |
Filing 473 MEMORANDUM filed by Defendant FORD MOTOR COMPANY re #471 MOTION for Summary Judgment filed by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A - NC Deposition of Oden Ratcliff, #3 Exhibit B - NC Deposition of Jody Ratcliff, #4 Exhibit C - Declaration of Billy Stallings, #5 Exhibit D - Declaration of Tommy Sugg, #6 Exhibit E - Washington Deposition of Oden Ratcliff, #7 Exhibit F - Washington Deposition of Jody Ratciff, #8 Exhibit G - Dr. Mowat's Report, #9 Exhibit H - Affidavit of Matthew Fyie, #10 Exhibit I - Ford's Response to Plaintiff's Interrogatories, No. 16, #11 Exhibit J - 1980 Package Specification, #12 Exhibit K - 1987 Package Specification, #13 Exhibit L - Dr. Rosner's 2011 Report, #14 Exhibit M - Dr. Rosner's Deposition)(KIGER, CHRISTOPHER) |
Filing 472 MOTION in Limine To Exclude Cumulative Exposure Opinion As Evidence of Specific Causation by WHITTAKER CLARK & DANIELS, INC.. Response to Motion due by 5/9/2019 (MERIWETHER, ROBERT) |
Filing 471 MOTION for Summary Judgment by FORD MOTOR COMPANY. Response to Motion due by 5/20/2019 (KIGER, CHRISTOPHER) |
Filing 470 MEMORANDUM filed by Defendant HONEYWELL INTERNATIONAL, INC. re #468 MOTION for Summary Judgment filed by HONEYWELL INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Levine Depo, #2 Exhibit B - Medical Records, #3 Exhibit C - Medical Records, #4 Exhibit D - Medical Records, #5 Exhibit E - Ratcliff 12.20.16, #6 Exhibit F - Ratcliff 2.15.17, #7 Exhibit G - Ratcliff 9.20.18, #8 Exhibit H - Periera Depo, #9 Exhibit I - Ratcliff 2.14.17, #10 Exhibit J - Bedrossian 1.16.18, #11 Exhibit K - 11-8-18 Dr. Carlos Bedrossian_Ratcliff (6), #12 Exhibit L - Bedrossian 3.6.19, #13 Exhibit M - Cohen Depo, #14 Exhibit N - Yates - HWI Responses to Master Discovery Requests_07.18.13, #15 Exhibit O - Medical Records, #16 Exhibit P - Medical Records, #17 Exhibit Q - Ratcliff 12.14.16, #18 Exhibit R - Ratcliff 12.13.16, #19 Exhibit S - Medical Records)(DAVIS, HARRY) |
Filing 469 MEMORANDUM filed by Defendant FORD MOTOR COMPANY re #467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody filed by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A - List of Cases Rejecting the Every Exposure Theory, #3 Exhibit B - Report of Dr. Carlos Bedrossian in Ratcliff (MDNC action), #4 Exhibit C - Report of Dr. Arnold Brody in Ratcliff (MDNC action), #5 Exhibit D - Deposition of Dr. Arnold Brody in Yates, #6 Exhibit E - Dr. Carlos Bedrossian's 5/1/18 Deposition in Alexander, #7 Exhibit F - Oden Ratcliff's Deposition in Ratcliff (MDNC action), #8 Exhibit G - Affidavit of Matthew L. Fyie, #9 Exhibit H - Deposition of Dr. Edward Levine, #10 Exhibit I - Affidavit of Dr. Victor Roggli in Yates, #11 Exhibit J - Dr. Carlos Bedrossian's 3/6/19 Deposition in Ratcliff (MDNC action), #12 Exhibit K - Report of Dr. Carlos Bedrossian in Ratcliff (Washington action), #13 Exhibit L - Langer Study, #14 Exhibit M - Fisher Study, #15 Exhibit N - Fubini Study, #16 Exhibit O - Valentine Study, #17 Exhibit P - Bernstein 2014 Study, #18 Exhibit Q - Bernstein 2015 Study, #19 Exhibit R - Excerpts from Dr. Arnold Brody's testimony in Herring, #20 Exhibit S - Affidavit of Dr. David Garabrant in Ratcliff (MDNC action), #21 Exhibit T - Garabrant Study, #22 Exhibit U - Goodman Study, #23 Exhibit V - 10/4/10 Email)(RIES, ADDIE) |
Filing 468 MOTION for Summary Judgment by HONEYWELL INTERNATIONAL, INC.. Response to Motion due by 5/20/2019 (Attachments: #1 Text of Proposed Order)(DAVIS, HARRY) |
Filing 467 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Drs. Bedrossian and Brody by FORD MOTOR COMPANY. Response to Motion due by 5/9/2019 (RIES, ADDIE) |
Filing 466 Support BRIEF re #465 MOTION in Limine /Daubert Motion . (Attachments: #1 Exhibit A - Nov. 8, 2018 Expert Report of Dr. Bedrossian, #2 Exhibit B - Aug. 15-17, 2017 Depo of Dr. John Hopkins, #3 Exhibit C - J&J Defs Ans to RFA, #4 Exhibit D - March 6, 2019 Depo of Carlos Bedrossian, #5 Exhibit E - Feb. 19, 2019 Depo of William Longo, #6 Exhibit F - Jan. 10, 2019 Depo of Steven P. Compton, MD)(MERIWETHER, ROBERT) |
Filing 465 MOTION in Limine /Daubert Motion by WHITTAKER CLARK & DANIELS, INC.. Response to Motion due by 5/9/2019 (MERIWETHER, ROBERT) |
Filing 464 MEMORANDUM filed by Defendant HONEYWELL INTERNATIONAL, INC. re #463 MOTION to Exclude DAUBERT MOTION TO EXCLUDE DR. BEDROSSIANS CAUSATION TESTIMONY filed by HONEYWELL INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Report, #3 Exhibit C - Report, #4 Exhibit D - Transcript, #5 Exhibit E - Attanoos, #6 Exhibit F - Yu 2011, #7 Exhibit G - Garabrant, #8 Exhibit H - Ratcliff Dep, #9 Exhibit I - Ratcliff Dep, #10 Exhibit J - Oden Ratcliff, #11 Exhibit K - Alexander Transcript, #12 Exhibit L - Schwartz Transcript, #13 Exhibit M - Crawford Transcript, #14 Exhibit N - Carney Transcript, #15 Exhibit O - Ratcliff, #16 Exhibit P - Rigor Transcript, #17 Exhibit Q - Gilb Transcript, #18 Exhibit R - Schwartz Transcript, #19 Exhibit S - Davidson, #20 Exhibit T - WHO 2015)(DAVIS, HARRY) |
Filing 463 MOTION to Exclude DAUBERT MOTION TO EXCLUDE DR. BEDROSSIANS CAUSATION TESTIMONY by HONEYWELL INTERNATIONAL, INC.. Response to Motion due by 5/9/2019 (Attachments: #1 Text of Proposed Order)(DAVIS, HARRY) |
Filing 462 MEMORANDUM filed by Defendant FORD MOTOR COMPANY re #461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike filed by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A - Deposition of Oden Ratcliff, #3 Exhibit B - David Rosner's 2011 Report, #4 Exhibit C - David Rosner's Talc Report, #5 Exhibit D - Deposition of David Rosner, #6 Exhibit E - Excerpts from Dr. Markowitz's LaMonica Deposition, #7 Exhibit F - Quester v. B.F. Goodrich, #8 Exhibit G - Excerpts from LaMonica Trial Transcript, #9 Exhibit H - 12/2/16 Order from Reid v. Certainteed)(RIES, ADDIE) |
Filing 461 MOTION to Exclude Ford's Daubert Motion to Exclude the Testimony of Plaintiff's Expert Dr. David Rosner and Motion to Strike by FORD MOTOR COMPANY. Response to Motion due by 5/9/2019 (RIES, ADDIE) |
Motions Referred: RE: #457 MOTION for Extension of Time To File Motion for BRENNTAG SPECIALTIES, INC. For Filing Dispositive Motions and For Other Relief until April 25, 2019 to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 460 REPLY, filed by Plaintiff JODY E. RATCLIFF, to Response to #434 MOTION to Compel Discovery of Whittaker Clark and Daniels filed by JODY E. RATCLIFF. (Attachments: #1 Rogs, #2 RPDs, #3 P&G - Ratcliff, #4 P&G - Depoian, #5 Zoas v WCD, #6 Ruman & Rimondi, #7 Zoas, #8 Revlon, #9 Ferry Correspondence)(HUGHES, JOHN) |
Filing 459 NOTICE of Appearance by attorney JOHN S. HUGHES on behalf of Plaintiff JODY E. RATCLIFF (HUGHES, JOHN) |
Filing 458 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/12/2019. The Motion to Extend (Doc. #452 ) is GRANTED, and the word count limit for Ford's memorandum in support of its Daubert Motion to Exclude the Testimony of Plaintiff's Causation Experts, Carlos Bedrossian, MD and Arnold Brody, PhD, is extended to thirty (30) pages or no more than 10,000 words. (Daniel, J) |
Filing 457 MOTION for Extension of Time To File Motion for BRENNTAG SPECIALTIES, INC. For Filing Dispositive Motions and For Other Relief until April 25, 2019 by BRENNTAG SPECIALTIES, INC.. (Attachments: #1 Text of Proposed Order proposed Order)(MELCHER, JEFFREY) |
Set Reply Deadline re: #434 MOTION to Compel Discovery of Whittaker Clark and Daniels. Replies due by 4/18/2019. (Daniel, J) |
Filing 456 MEMORANDUM filed by Plaintiff JODY E. RATCLIFF re #454 MOTION to Compel Discovery of Brenntag Specialties, Inc. filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit Text of Proposed Order)(TULLY, SHANNON) |
Filing 455 RESPONSE TO MOTION TO COMPEL filed by Defendant WHITTAKER CLARK & DANIELS, INC. re #434 MOTION to Compel Discovery of Whittaker Clark and Daniels filed by JODY E. RATCLIFF filed by WHITTAKER CLARK & DANIELS, INC.. (MERIWETHER, ROBERT) |
Filing 454 MOTION to Compel Discovery of Brenntag Specialties, Inc. by JODY E. RATCLIFF. Response to Motion due by 4/29/2019 (TULLY, SHANNON) |
Filing 453 **FILED IN ERROR** NOTICE of Change of Address by JEFFREY WILLIAM MELCHER (MELCHER, JEFFREY) Modified on 4/9/2019 to reflect filed in error. Document should be mailed to the Clerk's Office. (Daniel, J) |
Filing 452 Consent MOTION to Exceed Page Limit Consent Motion to Extend Word Count Limitation by FORD MOTOR COMPANY. (Attachments: #1 Exhibit A - Cox v. Ford Order, #2 Text of Proposed Order)(RIES, ADDIE) |
Motions Referred: RE: #452 Consent MOTION to Exceed Page Limit Consent Motion to Extend Word Count Limitation, #436 MOTION to Compel Discovery Cypress Amax Minerals Co, #434 MOTION to Compel Discovery of Whittaker Clark and Daniels, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 451 REPLY, filed by Plaintiff JODY E. RATCLIFF, to Response to #436 MOTION to Compel Discovery Cypress Amax Minerals Co filed by JODY E. RATCLIFF. (Attachments: #1 12/29/18 email, #2 1/18/19 email, #3 5/17/18 Protective Order, #4 7/26/18 Declassification Request, #5 LoGiudice production, #6 Washington production)(GRAHAM, WILLIAM) |
Reset Motion Reply Deadline re #436 MOTION to Compel Discovery Cypress Amax Minerals Co: Replies due by 4/8/2019. (Sheets, Jamie) |
Notice to parties: Reply deadline to #450 Response is 4/8/19. If parties wish to file a reply for the Courts consideration at hearing it will need to be filed prior to hearing scheduled for 4/16/19. (Sanders, Marlene) |
Filing 450 RESPONSE in Opposition re #436 MOTION to Compel Discovery Cypress Amax Minerals Co filed by JODY E. RATCLIFF filed by CYPRUS AMAX MINERALS COMPANY. Replies due by 4/8/2019 (Attachments: #1 Exhibit 1 - CAMC Answers and Objections to Plaintiff's Interrogatories - 10/12/18, #2 Exhibit 2 - CAMC Responses and Objections to Plaintiff's Requests for Production of Documents - 10/12/18, #3 Exhibit 3 - Proposed Confidentiality and Protective Order - 10/12/18, #4 Exhibit 4 - Cyprus Emergency Motion in ITA Bankruptcy Proceeding, #5 Exhibit 5 - CAMC Supplemental Answers and Objections to Plaintiff's Interrogatories - 3/22/19, #6 Exhibit 6 - CAMC Supplemental Responses and Objections to Plaintiff's Requests for Production of Documents - 3/22/19)(PECK, TIMOTHY) Modified on 4/4/2019 to edit deadline - Incorrect event type used. (Sheets, Jamie) |
Filing 449 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/1/2019; that the Consent Motion for Extension of Time [Doc. #442 ] is GRANTED, and the deadline for Defendant Whittaker Clark & Daniels, Inc. to file its response to Plaintiff's Motion to Compel Whittaker Clark & Daniels Inc. to Respond to Plaintiff's Interrogatories and Requests for Production is extended to April 11, 2019. FURTHER that if the Motions to Compel [Doc. #434 , #436 ] are not otherwise resolved, they will be set for hearing on Tuesday, April 16, 2019 at 10:00 a.m. in Courtroom 3 of the United States Courthouse, Winston-Salem, North Carolina. (Sheets, Jamie) |
Set Hearing: Motion Hearing as to #434 & #436 Motions to Compel set for 4/16/2019 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE unless matters have been resolved. (Garrett, Kim) |
Filing 448 NOTICE of Intent to File Dispositive Motions by Defendant TOYOTA MOTOR SALES USA, INC (STARR, WILLIAM) |
Filing 447 NOTICE of Intent to File Dispositive Motions by Defendant NISSAN NORTH AMERICA, INC. (STARR, WILLIAM) |
Filing 446 NOTICE of Intent to File Dispositive Motions by Defendant HONEYWELL INTERNATIONAL, INC. (DAVIS, HARRY) |
Filing 445 NOTICE of Intent to File Dispositive Motions by Defendant FORD MOTOR COMPANY (RIES, ADDIE) |
Filing 444 NOTICE of Intent to File Dispositive Motions by Defendant WHITTAKER CLARK & DANIELS, INC. (MERIWETHER, ROBERT) |
Filing 443 INTERIM REPORT OF MEDIATOR from Lynn Gullick - Mediation Held on 3/15/2019, then recessed. All parties remain in settlement discussions. A second interim report of mediator will be filed within the next 45 days. (Gammon, Cheryl) |
Filing 442 Consent MOTION for Extension of Time to File Response/Reply as to #434 MOTION to Compel Discovery of Whittaker Clark and Daniels by WHITTAKER CLARK & DANIELS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(MERIWETHER, ROBERT) |
Filing 441 NOTICE of Intent to File Dispositive Motions by Defendant BRENNTAG SPECIALTIES, INC. (MELCHER, JEFFREY) |
Motions Referred: RE: #442 Consent MOTION for Extension of Time to File Response/Reply as to #434 MOTION to Compel Discovery of Whittaker Clark and Daniels to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 440 ORDER Granting Joint Motion to Dismiss Defendant Massey Motors Company. Signed by JUDGE CATHERINE C. EAGLES on 3/25/2019. (Daniel, J) |
Filing 439 NOTICE of Intent to File Dispositive Motions by Defendant CYPRUS AMAX MINERALS COMPANY (PECK, TIMOTHY) |
Motions Submitted: #438 Joint MOTION to Dismiss Massey Motors Company Without Prejudice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 438 Joint MOTION to Dismiss Massey Motors Company Without Prejudice by MASSEY MOTOR CO.. Response to Motion due by 4/11/2019 (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 437 MEMORANDUM filed by Plaintiff JODY E. RATCLIFF re #436 MOTION to Compel Discovery Cypress Amax Minerals Co filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Text of Proposed Order)(GRAHAM, WILLIAM) |
Filing 436 MOTION to Compel Discovery Cypress Amax Minerals Co by JODY E. RATCLIFF. Response to Motion due by 4/1/2019 (GRAHAM, WILLIAM) |
Filing 435 MEMORANDUM filed by Plaintiff JODY E. RATCLIFF re #434 MOTION to Compel Discovery of Whittaker Clark and Daniels filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Text of Proposed Order Exhibit 12 - Proposed Order)(GRAHAM, WILLIAM) |
Filing 434 MOTION to Compel Discovery of Whittaker Clark and Daniels by JODY E. RATCLIFF. Response to Motion due by 4/1/2019 (GRAHAM, WILLIAM) |
Filing 433 ORDER signed by JUDGE CATHERINE C. EAGLES on 2/26/2019. The action of the Plaintiff, Jody E. Ratcliff against the Defendants, Sales Ford, LLC and Sale Automotive Group, Inc. be dismissed. (Daniel, J) |
Filing 432 NOTICE by Defendant IMERYS TALC AMERICA INC. of filing bankruptcy (PECK, TIMOTHY) |
Filing 431 NOTICE of Appearance by attorney MICHAEL P. MANFREDI on behalf of Defendant BRENNTAG SPECIALTIES, INC. (MANFREDI, MICHAEL) |
Motions Submitted: #430 Joint MOTION to Dismiss Defendants Sale Ford, LLC and Sale Automotive Group Inc. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 430 Joint MOTION to Dismiss Defendants Sale Ford, LLC and Sale Automotive Group Inc. by SALE AUTOMOTIVE GROUP INC., SALE FORD LLC. Response to Motion due by 3/4/2019 (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 429 ORDER signed by JUDGE CATHERINE C. EAGLES on 2/1/2019. The Court adopts the Magistrate Judge's Recommendation and the renewed motion to dismiss, (Doc. #399 ), is DENIED at this time without prejudice. To the extent that the issues raised in the motion are inextricably intertwined with the ultimate factual disputes in this case, final determination of these issues is reserved for summary judgment or trial, upon appropriate renewed motion. (Daniel, J) |
CASE REFERRED RE: #424 RECOMMENDED RULING - MAGISTRATE JUDGE re #399 MOTION to Dismiss for Lack of Jurisdiction Renewed filed by BRENNTAG SPECIALTIES, INC. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 428 NOTICE of Appearance by attorney JEFFREY WILLIAM MELCHER on behalf of Defendant BRENNTAG SPECIALTIES, INC. (MELCHER, JEFFREY) |
Filing 426 NOTICE of Hearing: Jury Trial set for 11/4/2019 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 425 Notice of Mailing Order and Recommendation. Objections due by 1/29/2019. Objections for Pro Se due by 2/1/2019. (Daniel, J) |
Filing 424 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 1/15/2019. RECOMMENDED that the renewed Motion to Dismiss (Doc. #399 ) be denied at this time, but to the extent that the issues raised in the Motion are inextricably intertwined with the ultimate factual disputes in this case, that final determination of these issues be reserved for summary judgment or trial. It is ORDERED that Defendant BSI respond to any previously-served discovery requests within 14 days of this Order, and that any remaining discovery disputes be raised promptly thereafter with the Court. (Daniel, J) |
Filing 423 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/28/2018. The Joint Motion (Doc. #422 ) is GRANTED, and the Scheduling Order is modified as follows: December 28, 2018 Defendants service of expert reports; January 25, 2019 Plaintiffs service of rebuttal expert reports; March 15, 2019 Completion of All Discovery and Mediation; April 15, 2019 Filing Dispositive Motions with all opposition and reply materials to be filed in accordance with the Local Rules. The remainder of the scheduling order is unchanged. The Clerk's Office is directed to set this case on a Trial Calendar based on the March 15, 2019 deadline for the close of discovery. (Daniel, J) |
Set/Reset Scheduling Order Deadlines. Discovery and Mediation due by 3/15/2019; Dispositive Motions due by 4/15/2019. (Daniel, J) |
Motions Referred: RE: #422 Joint MOTION to Modify #390 Order on Motion to Amend/Correct to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 422 Joint MOTION to Modify #390 Order on Motion to Amend/Correct by NISSAN NORTH AMERICA, INC., TOYOTA MOTOR SALES USA, INC. Response to Motion due by 1/10/2019 (Attachments: #1 Text of Proposed Order)(STARR, WILLIAM) |
Motions Referred: RE: #399 MOTION to Dismiss for Lack of Jurisdiction Renewed to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Filing 421 REPLY, filed by Defendant BRENNTAG SPECIALTIES, INC., to Response to #399 MOTION to Dismiss for Lack of Jurisdiction Renewed filed by BRENNTAG SPECIALTIES, INC.. (MERIWETHER, ROBERT) |
Filing 420 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Paul Benton Motors of North Carolina, LLC in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Filing 419 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Sale Auto Mall, Inc. in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Filing 418 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Winner Chevrolet, Inc. in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Filing 417 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Doug Henry Chevrolet Buick GMC, Inc. in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Filing 416 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Doug Henry Chevrolet, Inc. in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Filing 415 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Dan Wise Chevrolet, Inc. in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Filing 414 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/4/2018. Plaintiff's claims against Defendant Gene Taylor, Inc. in this matter are DISMISSED WITHOUT PREJUDICE, with each party to bear its own cost. (Daniel, J) |
Motions Submitted: #407 #408 #409 #410 #411 #412 and #413 Joint MOTIONS to Dismiss |
Filing 413 Joint MOTION to Dismiss by WINNER CHEVROLET INC.. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 412 Joint MOTION to Dismiss by DOUG HENRY CHEVROLET BUICK GMC INC.. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 411 Joint MOTION to Dismiss by DOUG HENRY CHEVROLET INC.. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 410 Joint MOTION to Dismiss by DAN WISE CHEVROLET INC.. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 409 Joint MOTION to Dismiss by GENE TAYLOR INC.. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 408 Joint MOTION to Dismiss by SALE AUTO MALL INC.. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 407 Joint MOTION to Dismiss by PAUL BENTON MOTORS OF NORTH CAROLINA LLC. Response to Motion due by 12/24/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(RIES, ADDIE) |
Filing 406 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/29/2018, granting #405 Motion to Dismiss. The action of the plaintiff against BorgWarner be dismissed without prejudice, with each party to bear its own costs. (Taylor, Abby) |
Motions Submitted: #405 Joint MOTION to Dismiss Defendant BorgWarner Morse TEC, LLC to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 405 Joint MOTION to Dismiss Defendant BorgWarner Morse TEC, LLC by BORGWARNER MORSE TEC LLC. (Attachments: #1 Text of Proposed Order)(LEVY, DAVID) |
Filing 404 RESPONSE in Opposition re #399 MOTION to Dismiss for Lack of Jurisdiction Renewed filed by BRENNTAG SPECIALTIES, INC. filed by JODY E. RATCLIFF. Replies due by 12/10/2018 (Attachments: #1 Exhibit 1 - Plaintiff's Interrogatories to Brenntag, #2 Exhibit 2 - Plaintiff's RFPs to Brenntag, #3 Exhibit 3 - Plaintiff's Interrogatories and RFPs to WCD, #4 Exhibit 4 - Brenntag's Response to Plaintiff's Interrogatories and RFPs, #5 Exhibit 5 - Meet & Confer Ltr to Brenntag, #6 Exhibit 6 - Jody Ratcliff Depo Transcript (09-20-2018), #7 Exhibit 7 - Jody Ratcliff Depo Transcript (12-13-2016), #8 Exhibit 8 - Jody Ratcliff Depo Transcript (12-20-2016), #9 Exhibit 9 - Expert Report of Dr. Steven Compton)(TULLY, SHANNON) |
Filing 403 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/2/2018; that the action of the Plaintiff, Jody E. Ratcliff against Defendant Tampbrands Inc. be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Filing 402 NOTICE of Intent to File Dispositive Motions by Defendants SALE AUTOMOTIVE GROUP INC., SALE FORD LLC (DRAYTON, AMY) |
Motions Submitted: #401 Joint MOTION to Dismiss Defendant Tampbrands, Inc. Without Prejudice by Tampbrands, Inc. and Plaintiff Jody E. Ratliff to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 401 Joint MOTION to Dismiss Defendant Tampbrands, Inc. Without Prejudice by Tampbrands, Inc. and Plaintiff Jody E. Ratliff by TAMPBRANDS INC.. Response to Motion due by 11/26/2018 (HARRIS, DAVID) |
Filing 400 BRIEF re #399 MOTION to Dismiss for Lack of Jurisdiction Renewed . (MERIWETHER, ROBERT) |
Filing 399 MOTION to Dismiss for Lack of Jurisdiction Renewed by BRENNTAG SPECIALTIES, INC.. Response to Motion due by 11/26/2018 (MERIWETHER, ROBERT) |
Filing 398 ORDER signed by JUDGE CATHERINE C. EAGLES on 10/22/2018. The joint motion to dismiss without prejudice (Doc. #394 ), is granted and the action of plaintiff, Jody E. Ratcliff against the defendant, Frema Motors, Inc., be dismissed. (Daniel, J) |
Filing 397 NOTICE by BORGWARNER MORSE TEC LLC OF WITHDRAWAL OF COUNSEL (ROSS, RICHARD) |
Filing 396 NOTICE by CYPRUS AMAX MINERALS COMPANY, IMERYS TALC AMERICA INC. OF WITHDRAWAL OF COUNSEL (ROSS, RICHARD) |
Filing 395 NOTICE by CYPRUS AMAX MINERALS COMPANY, IMERYS TALC AMERICA INC. OF WITHDRAWAL OF COUNSEL (MADDERRA, MICHAEL) |
Motions Submitted: #394 Joint MOTION to Dismiss Defendant Frema Motors, Inc. Without Prejudice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 394 Joint MOTION to Dismiss Defendant Frema Motors, Inc. Without Prejudice by FREMA MOTORS, INC.. Response to Motion due by 11/9/2018 (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 393 NOTICE of Appearance by attorney LYNN C. SCHLIE on behalf of Defendants AMERICAN HONDA MOTOR CO. INC., NISSAN NORTH AMERICA, INC., TOYOTA MOTOR SALES USA, INC (SCHLIE, LYNN) |
Filing 392 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/25/2018. The action of plaintiff against Hennessy be dismissed without prejudice, with each party to bear its own costs. (Daniel, J) |
Filing 391 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/21/2018. The Motion to Dismiss (Doc. #344 ) is STAYED to allow an opportunity for discovery as needed, without prejudice to Defendant filing a renewed Motion after 30 days. Any renewed Motion to Dismiss should address the issues raised in Plaintiff's Response. If no renewed Motion to Dismiss is filed by November 1, 2018, the Motion to Dismiss (Doc. #344 ) will be terminated as moot. (Daniel, J) |
Filing 390 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/21/2018. The Joint Motion (Doc. #364 ) is GRANTED, and the Scheduling Order is modified as stated herein. (Daniel, J) |
Filing 389 NOTICE of Appearance by attorney KENNETH W. ABRAMS on behalf of Defendant FREMA MOTORS, INC. (ABRAMS, KENNETH) |
Motions Submitted: #388 Joint MOTION to Dismiss Defendant Hennessy Industries, LLC f/k/a Hennessy Industries, Inc. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 388 Joint MOTION to Dismiss Defendant Hennessy Industries, LLC f/k/a Hennessy Industries, Inc. by JODY E. RATCLIFF. Response to Motion due by 10/15/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 387 NOTICE of Appearance by attorney RICHARD D. ROSS on behalf of Defendant BORGWARNER MORSE TEC LLC (ROSS, RICHARD) |
Filing 386 NOTICE of Appearance by attorney MICHAEL J. MADDERRA on behalf of Defendants CYPRUS AMAX MINERALS COMPANY, IMERYS TALC AMERICA INC. (MADDERRA, MICHAEL) |
Filing 385 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/19/2018; that the joint motion #380 is GRANTED and the claims of plaintiff Jody E. Ratcliff against defendant Standard Motor Products, Inc. are DISMISSED without prejudice, with each party to bear their own costs. (Sheets, Jamie) |
Filing 384 NOTICE of Appearance by attorney JOHN S. BYRD, II on behalf of Defendant BORGWARNER MORSE TEC LLC (BYRD, JOHN) |
Filing 383 NOTICE of Appearance by attorney JOHN S. BYRD, II on behalf of Defendant BORGWARNER MORSE TEC LLC (BYRD, JOHN) |
Filing 382 NOTICE of Appearance by attorney ADDIE K.S. RIES on behalf of Defendant SALE AUTO MALL INC. (RIES, ADDIE) |
Filing 381 NOTICE of Appearance by attorney ERIC G. REEVES on behalf of Defendant CONTINENTAL AUTOMOTIVE SYSTEMS, INC. (REEVES, ERIC) |
Motions Submitted: #380 JOINT MOTIONTO DISMISS DEFENDANT STANDARD MOTOR PRODUCTS, INC. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 380 JOINT MOTIONTO DISMISS DEFENDANT STANDARD MOTOR PRODUCTS, INC. by STANDARD MOTOR PRODUCTS INC.. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal of Standard Motor Products, Inc.)(COX, RONALD) |
Filing 379 NOTICE of Appearance by attorney VIRGINIA C. LEEPER on behalf of Defendants AMERICAN HONDA MOTOR CO. INC., NISSAN NORTH AMERICA, INC., TOYOTA MOTOR SALES USA, INC (LEEPER, VIRGINIA) |
Filing 378 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant NAVISTAR INC. (STARR, WILLIAM) |
Filing 377 NOTICE of Appearance by attorney ERIN P. FRASER on behalf of Defendant CONTINENTAL AUTOMOTIVE SYSTEMS, INC. (FRASER, ERIN) |
Filing 376 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2018; that the action of the plaintiff, Jody E. Ratcliff against the defendant, L'Oreal USA Creative Inc. be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Filing 375 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2018; that the action of the plaintiff, Jody E. Ratcliff against the defendant, Playtex Products, LLC, be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Filing 374 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2018; that the action of the plaintiff, Jody E. Ratcliff against the defendant, L'Oreal USA Inc. be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Filing 373 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2018; that the action of the plaintiff, Jody E. Ratcliff against the defendant, Edgewell Personal Care Company be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Filing 372 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2018; that the action of the plaintiff, Jody E. Ratcliff against the defendant, Maybelline, LLC be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Filing 371 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2018; that the action of the plaintiff, Jody E. Ratcliff against the defendant, Edgewell Personal Care, LLC be dismissed without prejudice, with each party to bear its own costs. (Sheets, Jamie) |
Motions Submitted: #365 Joint MOTION to Dismiss L'Oreal Creative, #366 Joint MOTION to Dismiss Edgewell LLC, #367 Joint MOTION to Dismiss Edgewell Care, #369 Joint MOTION to Dismiss L'Oreal USA, #370 Joint MOTION to Dismiss Maybelline, #368 Joint MOTION to Dismiss Playtex to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 370 Joint MOTION to Dismiss Maybelline by JODY E. RATCLIFF. Response to Motion due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 369 Joint MOTION to Dismiss L'Oreal USA by JODY E. RATCLIFF. Response to Motion due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 368 Joint MOTION to Dismiss Playtex by JODY E. RATCLIFF. Response to Motion due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 367 Joint MOTION to Dismiss Edgewell Care by JODY E. RATCLIFF. Response to Motion due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 366 Joint MOTION to Dismiss Edgewell LLC by JODY E. RATCLIFF. Response to Motion due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 365 Joint MOTION to Dismiss L'Oreal Creative by JODY E. RATCLIFF. Response to Motion due by 10/9/2018 (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Motions Referred: RE: #364 Joint MOTION to Amend/Correct Set/Reset Scheduling Order Deadlines, #316 Rule 26f to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Filing 364 Joint MOTION to Amend Scheduling Order Deadlines, re #316 Rule 26f (Joint), by HONEYWELL INTERNATIONAL, INC. (Attachments: #1 Text of Proposed Order) (DAVIS, HARRY) Modified on 8/31/2018 to edit title. (Sheets, Jamie) |
Motions Referred: RE: #344 MOTION to Dismiss for Lack of Jurisdiction -Personal, to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 363 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/23/2018. The motion, (Doc. #362 ), is GRANTED and the action of the plaintiff, Jody E. Ratcliff against the defendant, Conagra Brands, Inc., f/k/a Conagra Foods Inc., Individually and as Successor to Beatrice Foods Co., and Esmark, Inc., is DISMISSED without prejudice, with each party to bear its own costs. (Daniel, J) |
Filing 362 Joint MOTION to Dismiss by CONAGRA BRANDS INC.. Response to Motion due by 9/17/2018 (Attachments: #1 Text of Proposed Order on Joint Motion to Dismiss)(HOLDEN, JOHN) |
Motions Submitted: #362 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 361 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/16/2018, that the action of the plaintiff Jody E. Ratcliff against the defendant, BMW of North America, LLC be dismissed without prejudice, with each party to bear its own costs. (Daniel, J) |
Motions Submitted: #360 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 360 Joint MOTION to Dismiss by BMW OF NORTH AMERICA, LLC. Response to Motion due by 9/10/2018 (Attachments: #1 Text of Proposed Order Proposed Order, #2 Text of Proposed Order Stipulation of Dismissal)(CLEARY, PATRICK) |
Set Reply Deadline re: #344 MOTION to Dismiss for Lack of Jurisdiction. Replies due by 8/27/2018. (Daniel, J) |
Filing 359 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/13/2018 adopting the Magistrate Judge's Recommendation #346 ; that the renewed motions to dismiss Count 8 filed by Ford Motor Company, Doc. #317 , and Hennessy Industries, Doc. #318 , are GRANTED, and Count 8 is DISMISSED as to the defendants Ford Motor Company and Hennessy Industries, Inc. (Sheets, Jamie) |
Filing 358 NOTICE by JODY E. RATCLIFF re #357 Notice (Other), #354 Brief, #356 Notice (Other), #355 Notice (Other), (Attachments: #1 Exhibit 31 - Johnson's Baby Powder, #2 Exhibit 32 - Estee Lauder Discovery Responses, #3 Exhibit 33 - Clinique Answers & Objections, #4 Exhibit 34 - Maybelline production, #5 Exhibit 35 - Talc Product Data Sheet, #6 Exhibit 36 - Proctor & Gamble Discovery, #7 Exhibit 37 - Revlon Inc Discovery, #8 Exhibit 38 - Order 6-18-15, #9 Exhibit 39 - Memorandum and Recommendation and Order, #10 Exhibit 40 - 3:14-cv-225-RJC-DCK (WDNC Mar 30, 2015))(WALLACE, MONA) Modified on 8/13/2018 to remove duplicate text. (Sheets, Jamie) |
Filing 357 NOTICE by JODY E. RATCLIFF re #354 Brief, #356 Notice (Other), #355 Notice (Other), (Attachments: #1 Exhibit 21 - Brenntag Annual Report, #2 Exhibit 22 - Affidavit of Brad Owens, #3 Exhibit 23 - Depo Excerpt George J. Dippold, #4 Exhibit 24 - Memorandum 3-18-76, #5 Exhibit 25 - Brenntag 12/20/17, #6 Exhibit 26 - Distributor Agreement, #7 Exhibit 27 - Depo Excerpt Keith B. Lehman, #8 Exhibit 28 - Depo Excerpt Dr. John Hopkins, #9 Exhibit 29 - Spreadsheet, #10 Exhibit 30 - Talc)(WALLACE, MONA) Modified on 8/13/2018 to remove duplicate text. (Sheets, Jamie) |
Filing 356 NOTICE by JODY E. RATCLIFF re #354 Brief, #355 Notice (Other),, (Attachments: #1 Exhibit 11 - Talc Product Data Sheet, #2 Exhibit 12 - Talc MSDS, #3 Exhibit 13 - Depo Excerpt Dennis St. George, #4 Exhibit 14 - Depo Excerpt George J. Dippold, #5 Exhibit 15 - Spreadsheet, #6 Exhibit 16 - Annual Report Cherokee Minerals, #7 Exhibit 17 - Depo Excerpt Dennis St. George, #8 Exhibit 18 - Depo Excerpt Theodore Hubbard, #9 Exhibit 19 - Cherokee Minerals Filings, #10 Exhibit 20 - Application Cert of Authority)(WALLACE, MONA) Modified on 8/13/2018 to remove duplicate text. (Sheets, Jamie) |
Filing 355 NOTICE by JODY E. RATCLIFF re #354 Brief (Attachments: #1 Exhibit 1 - Depo Excerpts Jody E. Ratcliff, #2 Exhibit 2 - Depo Excerpts Maude Bishop, #3 Exhibit 3 - Depo Excerpts Theodore Hubbard, #4 Exhibit 4 - Trial Transcript Excepts, #5 Exhibit 5 - Trial Transcript Excerpts, #6 Exhibit 6 - Talc Analytical Report, #7 Exhibit 7 - Depo Excerpts Theodore Hubbard, #8 Exhibit 8 - Trial Transcript Excerpts, #9 Exhibit 9 - Whittaker Trademark, #10 Exhibit 10 - Whittaker Trademark)(WALLACE, MONA) Modified on 8/13/2018 to remove duplicate text. (Sheets, Jamie) |
Filing 354 Plaintiff's Opposition BRIEF re #345 Brief, #344 MOTION to Dismiss for Lack of Jurisdiction -Personal . (WALLACE, MONA) |
CASE REFERRED RE: #346 RECOMMENDED RULING to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 353 NOTICE of Appearance by attorney SHANNON K. TULLY on behalf of Plaintiff JODY E. RATCLIFF (TULLY, SHANNON) |
Filing 352 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant MITSUBISHI MOTORS NORTH AMERICA, INC. (STARR, WILLIAM) |
Filing 351 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant TOYOTA MOTOR SALES USA, INC (STARR, WILLIAM) |
Filing 350 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant NISSAN NORTH AMERICA, INC. (STARR, WILLIAM) |
Filing 349 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant AMERICAN HONDA MOTOR CO. INC. (STARR, WILLIAM) |
Filing 348 NOTICE of Appearance by attorney DAVID G. WILLIAMS on behalf of Defendants BARNES MOTOR & PARTS CO. INC., GENUINE PARTS COMPANY, NATIONAL AUTOMOTIVE PARTS ASSOCIATION, INC. (WILLIAMS, DAVID) |
Filing 347 Notice of Mailing Memorandum Opinion and Recommendation of United States Magistrate Judge. Objections due by 8/6/2018. Objections for Pro Se due by 8/9/2018. (Daniel, J) |
Filing 346 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 7/23/2018. RECOMMENDED that the Renewed Motions to Dismiss Count 8 filed by Ford Motor Company (Doc. #317 ) and Hennessy Industries Inc. (Doc. #318 be GRANTED, and that Count 8 be dismissed as to Defendants Ford Motor Company and Hennessy Industries, Inc. (Daniel, J) |
Filing 345 BRIEF re #344 MOTION to Dismiss for Lack of Jurisdiction -Personal by Defendant BRENNTAG SPECIALTIES, INC. filed by BRENNTAG SPECIALTIES, INC.. (Attachments: #1 Exhibit)(CHESSON, BENJAMIN) |
Filing 344 MOTION to Dismiss for Lack of Jurisdiction -Personal by BRENNTAG SPECIALTIES, INC.. Response to Motion due by 8/10/2018 (CHESSON, BENJAMIN) |
Filing 343 NOTICE of Appearance by attorney BENJAMIN S. CHESSON on behalf of Defendant BRENNTAG SPECIALTIES, INC. (CHESSON, BENJAMIN) |
Filing 342 NOTICE by JODY E. RATCLIFF Special Appearance of Shannon K. Tully (GRAHAM, WILLIAM) |
Filing 341 NOTICE by BARNES MOTOR & PARTS CO. INC., GENUINE PARTS COMPANY, NATIONAL AUTOMOTIVE PARTS ASSOCIATION, INC. of Substitution of Counsel (WILLIAMS, DAVID) |
Filing 340 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/4/2018, that the Joint Motion to Dismiss (Doc. #338 ) is GRANTED. The claims of the plaintiff Jody E. Ratcliff's against the defendant Avon Products, Inc. are DISMISSED WITH PREJUDICE, each party to bear her or its own costs. To the extent that any cross-claims by or against the defendant Avon Products, Inc. exist, those cross-claims are also dismissed. (Daniel, J) |
Filing 339 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/4/2018, adopting the Magistrate Judge's Recommendation and the uncontested motion for summary judgment by the defendant Wynn Odom Ford, Inc., (Doc. #321 ), is GRANTED and the case against this defendant is DISMISSED. (Daniel, J) |
Filing 338 JOINT MOTION to Dismiss Defendant Avon Products, Inc. by AVON PRODUCTS INC.. (Attachments: #1 Text of Proposed Order)(BEAVER, GARY) |
Motions Submitted: #338 JOINT MOTION to Dismiss Defendant Avon Products, Inc. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
CASE REFERRED RE: #336 RECOMMENDED RULING - MAGISTRATE JUDGE re #321 MOTION for Summary Judgment filed by WYNN ODOM FORD INC., to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 337 Notice of Mailing Recommendation. Objections due by 1/2/2018. Objections for Pro Se due by 1/5/2018. (Daniel, J) |
Filing 336 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 12/18/2017. RECOMMENDED that the uncontested Motion for Summary Judgment by Defendant Wynn Odom Ford Inc. (Doc. #321 ) be GRANTED and the claims against Defendant Wynn Odom Ford Inc. be dismissed. (Daniel, J) |
Filing 335 Corrected document re #334 Reply to Response to Motion. (RIES, ADDIE) |
Motions Referred: RE: #318 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss, #317 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss, #321 MOTION for Summary Judgment to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 334 REPLY, filed by Defendant FORD MOTOR COMPANY, to Response to #317 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by FORD MOTOR COMPANY. (RIES, ADDIE) |
Filing 333 REPLY, filed by Defendant HENNESSY INDUSTRIES INC., to Response to #318 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by HENNESSY INDUSTRIES INC.. (HOLMES, JANICE) |
Filing 332 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/29/2017, adopting the Magistrate Judge's Recommendation (Doc. #323 ) and the uncontested motion for summary judgment by the defendant Auto Generator & Starter Service, (Doc. #297 ), is GRANTED. (Daniel, J) |
CASE REFERRED RE: #323 RECOMMENDED RULING - MAGISTRATE JUDGE re #297 MOTION for Summary Judgment filed by AUTO GENERATOR & STARTER SERVICE INC., to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
Filing 331 ORDER Appointing LYNN G. GULLICK as the Mediator pursuant to LR 83.9d(a). (Gammon, Cheryl) |
Filing 330 RESPONSE in Opposition re #318 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by HENNESSY INDUSTRIES INC. filed by JODY E. RATCLIFF. Replies due by 12/7/2017 (GRAHAM, WILLIAM) |
Filing 329 RESPONSE in Opposition re #317 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by FORD MOTOR COMPANY filed by JODY E. RATCLIFF. Replies due by 12/7/2017 (GRAHAM, WILLIAM) |
Filing 328 NOTICE of Appearance by attorney ADDIE K.S. RIES on behalf of Defendants DAN WISE CHEVROLET INC., DOUG HENRY CHEVROLET BUICK GMC INC., GENE TAYLOR INC., PAUL BENTON MOTORS OF NORTH CAROLINA LLC, WINNER CHEVROLET INC. (RIES, ADDIE) |
Filing 327 NOTICE of Appearance by attorney CHRISTOPHER R. KIGER on behalf of Defendants DAN WISE CHEVROLET INC., DOUG HENRY CHEVROLET BUICK GMC INC., GENE TAYLOR INC., PAUL BENTON MOTORS OF NORTH CAROLINA LLC, WINNER CHEVROLET INC. (KIGER, CHRISTOPHER) |
Filing 326 NOTICE of Appearance by attorney KIRK GIBSON WARNER on behalf of Defendants DAN WISE CHEVROLET INC., DOUG HENRY CHEVROLET BUICK GMC INC., GENE TAYLOR INC., PAUL BENTON MOTORS OF NORTH CAROLINA LLC, WINNER CHEVROLET INC. (WARNER, KIRK) |
Filing 325 NOTICE by JODY E. RATCLIFF (Plaintiff's Notice of Filing re Mediator Selection) (GRAHAM, WILLIAM) |
Filing 324 Notice of Mailing Recommendation: Objections to R&R due by 11/22/2017. Objections to R&R for Pro Se due by 11/27/2017. (Sheets, Jamie) |
Filing 323 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/8/2017; that the Motions to Dismiss filed by Defendants Honeywell International, Inc. [Doc. #84 ], Personal Care Products Council [Doc. #100 ], Auto Generator & Starter Service Inc. [Doc. #200 ], and Avon Products Inc. [Doc. #201 ], are TERMINATED as MOOT. FURTHER that the Motions to Dismiss filed by Defendants Ford Motor Company [Doc. #193 ] and Hennessy Inc. [Doc. #69 ], are SUPERSEDED by the renewed Motions to Dismiss [Doc. #317 , #318 ]. FURTHER that the prior Individual Rule 26(f) Reports of PCPC [Doc. #311 , #314 ] are terminated, and discovery will proceed as to the remaining parties pursuant to the Court's October 17, 2017 Scheduling Order. RECOMMENDED that the uncontested Motion for Summary Judgment by Defendant Auto Generator & Starter Service Inc. [Doc. #297 ] be GRANTED. (Sheets, Jamie) |
ORDER terminating #69 Motion to Dismiss for Failure to State a Claim; #84 Motion to Dismiss; #100 Motion to Dismiss for Lack of Jurisdiction; #193 Motion to Dismiss for Failure to State a Claim; #200 Motion to Dismiss for Failure to State a Claim; #201 Motion to Dismiss for Failure to State a Claim; #311 Rule 26f Report - Individual; #314 Rule 26f Report - Individual. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/8/2017. See #323 Order and Recommendation. (Sheets, Jamie) |
Filing 322 MEMORANDUM filed by Defendant WYNN ODOM FORD INC. re #321 MOTION for Summary Judgment filed by WYNN ODOM FORD INC.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Wynn Odom Ford's Answer, #3 Exhibit Unpublished Opinions, #4 Text of Proposed Order Proposed Order)(HOLDEN, JOHN) |
Filing 321 MOTION for Summary Judgment by WYNN ODOM FORD INC.. Response to Motion due by 12/4/2017 (HOLDEN, JOHN) |
Motions Referred: RE: #297 MOTION for Summary Judgment , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Filing 320 NOTICE of Voluntary Dismissal as to party(s) PERSONAL CARE PRODUCTS COUNCIL, filed by Plaintiff JODY E. RATCLIFF (GRAHAM, WILLIAM) |
CASE REFERRED RE: #308 Notice (Other) to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 319 MEMORANDUM filed by Defendant HENNESSY INDUSTRIES INC. re #318 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by HENNESSY INDUSTRIES INC.. (HOLMES, JANICE) |
Filing 318 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss by HENNESSY INDUSTRIES INC.. Response to Motion due by 11/20/2017 (HOLMES, JANICE) |
Filing 317 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss by FORD MOTOR COMPANY. Response to Motion due by 11/20/2017 (RIES, ADDIE) |
MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 11/7/2017. Mediation due by 12/31/2018.(Gammon, Cheryl) |
Filing 316 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/17/2017; that the parties' Joint Rule 26(f) Report [Doc. #313 ] is approved as submitted and as noted herein. FURTHER that Defendant Personal Care Products Council's discovery obligations are stayed while its Motion to Dismiss is pending, but Defendant Personal Care Products Council may elect to participate in discovery without waiving its personal jurisdiction defense. ORDERED that any motion by Plaintiff for jurisdictional discovery related to Defendant Personal Care Products Council's Motion to Dismiss must be filed within 14 days of this Order and must specifically set out what discovery is needed and the basis for the request, with a copy of the proposed discovery included. Any Response by Defendant Personal Care Products Council must be filed within 14 days, and any Reply by Plaintiff within 7 days thereafter. (Sheets, Jamie) |
Filing 315 NOTICE of Appearance by attorney MONA LISA WALLACE on behalf of Plaintiff JODY E. RATCLIFF (WALLACE, MONA) |
Motions Referred: RE: #313 Rule 26(f) Report (Joint) filed by all parties, #314 Rule 26(f) Report (Individual), to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Set Scheduling Order Deadlines: Discovery shall be placed on a case-management track designated in LR 26.1(a) as exceptional. Discovery due by 12/31/2018. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. Plaintiff's Amended Pleadings due by 6/1/2018. Defendants' Amended Pleadings due by 7/2/2018. Joinder of Parties for Plaintiff due by 6/1/2018. Joinder of Parties for Defendant due by 7/2/2018. The parties do not consent to a magistrate judge conducting all proceedings. Trial of the action is expected to take approximately 21 days. A jury trial has been demanded. (Sheets, Jamie) |
Filing 314 Rule 26(f) Report (Individual). Response to Motion due by 11/3/2017 by PERSONAL CARE PRODUCTS COUNCIL. (Attachments: #1 Exhibit 1)(O'NEILL, M.) |
Filing 313 Rule 26(f) Report (Joint) filed by all parties by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order)(WALLACE, MONA) |
Filing 312 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 10/11/2017, adopting the Magistrate Judge's Recommendation and the motion to dismiss by the defendant Tilghman's Garage, LLC, (Doc. #103 ), is GRANTED, the motion for summary judgment by the defendant Britain's Garage, LLC, (Doc. #212 ), is GRANTED, and the motion for summary judgment by the defendant White Owl Parts Co., Inc., (Doc. #217 ), is GRANTED. (Daniel, J) |
CASE REFERRED RE: #303 RECOMMENDED RULING - MAGISTRATE JUDGE re #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FORD MOTOR COMPANY, #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AVON PRODUCTS INC., #217 MOTION for Summary Judgment, to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
Filing 311 Rule 26(f) Report (Individual). Response to Motion due by 10/30/2017 by PERSONAL CARE PRODUCTS COUNCIL. (Attachments: #1 Exhibit 1)(O'NEILL, M.) |
Filing 310 NOTICE of Appearance by attorney TRACY S. DEMARCO on behalf of Defendant FREMA MOTORS, INC. (DEMARCO, TRACY) |
Filing 309 NOTICE of Appearance by attorney JUSTIN D. HOWARD on behalf of Defendant FREMA MOTORS, INC. (HOWARD, JUSTIN) |
Filing 308 NOTICE by JODY E. RATCLIFF of filing a more definite statement with respect to the issues raised in Motions to Dismiss (Doc. #69 ), (Doc. #84 ), (Doc. #193 ), (Doc. #200 ), (Doc. #201 ) re: #303 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Exhibit More Definite Statement re Honeywell, #2 Exhibit More Definite Statement re Ford Motor, #3 Exhibit More Definite Statement re Hennessy, #4 Exhibit Amended Complaint)(GRAHAM, WILLIAM) Modified docket text on 10/5/2017 to match document filed. (Daniel, J) |
Filing 307 STIPULATION of Dismissal Without Prejudice by DANA COMPANIES LLC. (CONNER, W.) |
Filing 306 NOTICE of Appearance by attorney ROBERT O. MERIWETHER on behalf of Defendant WHITTAKER CLARK & DANIELS, INC. (MERIWETHER, ROBERT) |
Filing 305 NOTICE of Appearance by attorney ROBERT O. MERIWETHER on behalf of Defendant BRENNTAG SPECIALTIES, INC. (MERIWETHER, ROBERT) |
Filing 304 Notice of Mailing Recommendation: Objections to R&R due by 9/27/2017. Objections to R&R for Pro Se due by 10/2/2017. (Sheets, Jamie) |
Filing 303 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/13/2017; that the Motions to Dismiss filed by Defendants [Doc. #69 ], [Doc. #84 ], [Doc. #193 ], [Doc. #200 ], [Doc. #201 ] are STAYED, and Plaintiff is given 21 days from the date of this Order to file a more definite statement with respect to the issues raised in those Motions to Dismiss, and if any of those moving defendants wish to proceed further on those Motions following the filing of Plaintiff's more definite statement, they must file a renewed Motion to Dismiss within 21 days of the filing of the more definite statement, taking into account any new contentions included by Plaintiff. FURTHER that Plaintiff's Motion for Expedited Discovery [Doc. #255 ] is GRANTED as set out herein. FURTHER that this case is set for an Initial Pretrial Conference on Thursday, October 19, 2017, at 9:30 a.m. in Courtroom 3 of the United States Courthouse, Winston-Salem, North Carolina, and the Parties must participate in a Rule 26(f) Conference and submit Rule 26(f) Reports, jointly or individually, as provided in the Local Rules. FURTHER that the Motion to Dismiss for Lack of Personal Jurisdiction by Defendant Personal Care Products Council [Doc. #100 ] is taken under advisement as set out herein. RECOMENDED that the uncontested Motion to Dismiss by Defendant Tilghman's Garage LLC [Doc. #103 ], the uncontested Motion for Summary Judgment by Defendant Britain's Garage, LLC [Doc. #212 ], and the uncontested Motion for Summary Judgment by Defendant White Owl Parts Co., Inc. [Doc. #217 ] be GRANTED. (Sheets, Jamie) |
ORDER granting #255 Motion to Expedite signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/13/2017. See Order and Recommendation #303 for court's ruling. (Sheets, Jamie) |
Filing 302 Compliance with LR 7.3(d) Certificate of Word Count and Certificate of Service for #301 Memorandum filed by Defendant AUTO GENERATOR & STARTER SERVICE INC. (NELSON, JOSEPH) Modified document title on 8/29/2017. (Daniel, J) |
Filing 301 MEMORANDUM filed by Defendant AUTO GENERATOR & STARTER SERVICE INC. re #297 MOTION for Summary Judgment (Corrected) filed by AUTO GENERATOR & STARTER SERVICE INC.. (Attachments: #1 Affidavit Exh 1 - Aff of Squires)(NELSON, JOSEPH) |
Filing 300 REPLY in Support re #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OBJECTION TO EXHIBITS SUBMITTED BY PLAINTIFF filed by AVON PRODUCTS INC. (BEAVER, GARY) Modified docket text/event on 8/28/2017 as Reply. (Daniel, J) |
Filing 299 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/25/2017, that the Motion (Doc. #269 ) is GRANTED, and Avon Products, Inc. may file its proposed Reply Brief no later than August 28, 2017. (Daniel, J) |
Filing 297 MOTION for Summary Judgment by AUTO GENERATOR & STARTER SERVICE INC.. Response to Motion due by 9/25/2017 (Attachments: #1 Affidavit Exh. 1 - Aff. of Squires)(NELSON, JOSEPH) |
Filing 296 Suggestion of Subsequently Decided Authority (Supplemental) by Defendant PERSONAL CARE PRODUCTS COUNCIL. (Attachments: #1 Supplement - Notice of Ruling, #2 Supplement - Reporter's Transcript (July 27, 2017 Hearing))(O'NEILL, M.) |
Filing 295 REPLY, filed by Plaintiff JODY E. RATCLIFF, to Response to #255 MOTION to Expedite Depositions filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit Email Correspondence re depos)(GRAHAM, WILLIAM) |
Filing 294 RESPONSE in Opposition re #255 MOTION to Expedite Depositions filed by JODY E. RATCLIFF filed by AVON PRODUCTS INC.. Replies due by 8/18/2017 (BEAVER, GARY) |
Filing 293 ANSWER to #1 Complaint with Jury Demand by CONAGRA BRANDS INC.. (HOLDEN, JOHN) |
Filing 292 Corporate Disclosure Statement by CONAGRA BRANDS INC.. (HOLDEN, JOHN) |
Filing 291 NOTICE of Appearance by attorney JOHN T. HOLDEN on behalf of Defendant CONAGRA BRANDS INC. (HOLDEN, JOHN) |
Filing 290 RESPONSE in Opposition re #267 Supplement filed by JODY E. RATCLIFF, #256 Brief, filed by JODY E. RATCLIFF, #255 MOTION to Expedite Depositions filed by JODY E. RATCLIFF filed by PERSONAL CARE PRODUCTS COUNCIL. Replies due by 8/8/2017 (O'NEILL, M.) |
Motions Referred: RE: #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #100 MOTION to Dismiss for Lack of Jurisdiction and other Grounds, #217 MOTION for Summary Judgment , #200 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 9(b) (Count VIII - Fraud/False Representation), #84 MOTION to Dismiss Fraud Cause of Action, #212 MOTION for Summary Judgment , #103 MOTION to Dismiss , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Filing 289 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 8/1/2017, the Joint Motion to Dismiss, (Doc. #280 ), is GRANTED and the purported crossclaims of Revlon, Inc. and Revlon Consumer Productions Corporation that were or could have been brought against the defendant Estee Lauder Inc., are DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Daniel, J) |
Filing 288 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 8/1/2017, that the Joint Motion, (Doc. #279 ), is GRANTED and the purported crossclaims of Revlon, Inc. and Revlon Consumer Productions Corporation that were or could have been brought against the defendant Clinique Laboratories LLC, are DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Daniel, J) |
Filing 287 ORDER signed by granting Judge Catherine C. Eagles on 08/01/2017. The Joint Motion to Dismiss, #281 is GRANTED and the purported crossclaims of Revlon, Inc., and Revlon Consumer Productions Corporation that were or could have been brought against the defendant The Estee Lauder Companies, Inc., are DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Coyne, Michelle) |
Filing 286 NOTICE of Appearance by attorney MOLLY F. MARTINSON on behalf of Defendants BARNES MOTOR & PARTS CO. INC., GENUINE PARTS CO., NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC. (MARTINSON, MOLLY) |
Filing 285 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/31/2017, that the Joint Motion, Doc. #274 , is GRANTED, and the purported claims of the plaintiff Jody E. Ratcliff that were or could have been brought against the defendant The Procter & Gamble Co. (Individually and as Successor to Yardley of London and The Gillette Company) are hereby DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Garland, Leah) |
Filing 284 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/31/2017, that the Joint Motion, Doc. #272 , is GRANTED, and the purported crossclaims of the defendants Revlon, Inc. and Revlon Consumer Products Corporation that were or could have been brought against the defendant The Gillette Company are hereby DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Garland, Leah) |
Filing 283 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/31/2017, that the Joint Motion, Doc. #271 , is GRANTED, and the crossclaims of the defendants Revlon, Inc. and Revlon Consumer Products Corporation that were or could have been brought against the defendant The Procter & Gamble Company (Individually and as Successor to Yardley of London and The Gillette Company) are hereby DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs. (Garland, Leah) |
Filing 282 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/31/2017, that the Joint Motion to Dismiss, Doc. #278 , is GRANTED and the purported crossclaims of Revlon, Inc. and Revlon Consumer Productions Corporation that were or could have been brought against the defendant Bobbi Brown Professional Cosmetics Inc. are hereby DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Garland, Leah) |
Filing 281 Joint MOTION to Dismiss Crossclaims by THE ESTE LAUDER COMPANIES INC.. Response to Motion due by 8/21/2017 (Attachments: #1 Text of Proposed Order)(HOLDEN, JOHN) |
Filing 280 Joint MOTION to Dismiss Crossclaims by ESTE LAUDER INC.. Response to Motion due by 8/21/2017 (Attachments: #1 Exhibit)(HOLDEN, JOHN) |
Filing 279 Joint MOTION to Dismiss by CLINIQUE LABORATORIES LLC. Response to Motion due by 8/21/2017 (Attachments: #1 Text of Proposed Order)(HOLDEN, JOHN) |
Filing 278 Joint MOTION to Dismiss by BOBBI BROWN PROFESSIONAL COSMETICS INC.. Response to Motion due by 8/21/2017 (Attachments: #1 Text of Proposed Order)(HOLDEN, JOHN) |
Motions Submitted: #278 Joint MOTION to Dismiss , #279 Joint MOTION to Dismiss , #281 Joint MOTION to Dismiss Crossclaims, #280 Joint MOTION to Dismiss Crossclaims to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 277 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/28/2017, that the Joint Motion, Doc. #273 , is GRANTED, and the purported crossclaims of the defendants Revlon, Inc. and Revlon Consumer Products Corporation that were or could have been brought against the defendant Tampbrands, Inc. are hereby DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Garland, Leah) |
Filing 276 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/28/2017, that the Joint Motion, Doc. #275 , is GRANTED, and the purported claims of the plaintiff Jody E. Ratcliff that were or could have been brought against the defendant The Gillette Company are hereby DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Garland, Leah) |
Filing 275 JOINT MOTIONto Dismiss Purported Claims of Plaintiff Jody E. Ratcliff by THE GILLETTE CO.. (Attachments: #1 Exhibit Order Granting Joint Motion to Dismiss Purported Claims of Plaintiff Jody E. Ratcliff)(HARRIS, DAVID) |
Filing 274 JOINT MOTIONto Dismiss Purported Claims of Plaintiff Jody E. Ratcliff by THE PROCTOR & GAMBLE CO.. (Attachments: #1 Exhibit Order Granting Joint Motion to Dismiss Purported Claims of Plaintiff Jody E. Ratcliff)(HARRIS, DAVID) |
Filing 273 JOINT MOTIONto Dismiss Purported Crossclaims of Defendants Revlon, Inc. and Revlon Consumer Products Corporation by TAMPBRANDS INC.. (Attachments: #1 Exhibit Order Granting Joint Motion to Dismiss Purported Crossclaims of Defendants Revlon)(HARRIS, DAVID) |
Filing 272 JOINT MOTIONto Dismiss Purported Crossclaims of Defendants Revlon, Inc. and Revlon Consumer Products Corporation by THE GILLETTE CO.. (Attachments: #1 Exhibit Order Granting Joint Motion to Dismiss Purported Crossclaims of Defendants Revlon)(HARRIS, DAVID) |
Filing 271 JOINT MOTIONto Dismiss Purported Crossclaims of Defendants Revlon, Inc. and Revlon Consumer Products Corporation by THE PROCTOR & GAMBLE CO.. (Attachments: #1 Exhibit Order Granting Joint Motion to Dismiss Purported Crossclaims of Defendants Revlon)(HARRIS, DAVID) |
Motions Submitted: #271 #272 #273 #274 #275 JOINT MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 270 NOTICE of Voluntary Dismissal as to party(s) L'OREAL SA, filed by Plaintiff JODY E. RATCLIFF (WALLACE, MONA) |
Motions Referred: RE: #269 Avon Products, Inc's Motion to file out of time Reply Brief in Support of Motion to Dismiss and Objection to Exhibits submitted by Plaintiff as to #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OBJECTION TO EXHIBITS SUBMITTED BY PLAINTIFF, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Filing 269 AVON PRODUCTS, INC's Motion to file out of time Reply Brief in Support of Motion to Dismiss and Objection to Exhibits as to #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OBJECTION TO EXHIBITS SUBMITTED BY PLAINTIFF by AVON PRODUCTS INC.. (Attachments: #1 Exhibit Reply Brief in Support of Motion to Dismiss, #2 Text of Proposed Order)(BEAVER, GARY) |
Filing 268 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/24/2017, that any Defendant wishing to respond to Plaintiff's Motion for Expedited Depositions (Doc. #255 ) shall file its response brief on or before August 4, 2017, and Plaintiff shall file any reply brief on or before August 8, 2017. (Daniel, J) |
Motions Referred: RE: #255 MOTION to Expedite Depositions, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
Responses due by 8/4/2017 and Replies due by 8/8/2017 re: Motion for Expedited Depositions (Doc. #255 ). (Daniel, J) |
Filing 267 SUPPLEMENT re #255 MOTION to Expedite Depositions by Plaintiff JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order Order)(GRAHAM, WILLIAM) |
Filing 266 NOTICE of Appearance by attorney M. ELIZABETH O'NEILL on behalf of Defendant PERSONAL CARE PRODUCTS COUNCIL (O'NEILL, M.) |
Filing 265 Corporate Disclosure Statement by MAYBELLINE LLC identifying Corporate Parent L'Oreal SA, Corporate Parent L'Oreal USA Inc. for MAYBELLINE LLC.. (WILSON, NICHOLAS) |
Filing 264 ANSWER to #1 Complaint with Jury Demand by MAYBELLINE LLC. (WILSON, NICHOLAS) |
Filing 263 Corporate Disclosure Statement by L'OREAL USA INC. identifying Corporate Parent L'Oreal SA for L'OREAL USA INC... (WILSON, NICHOLAS) |
Filing 262 ANSWER to #1 Complaint with Jury Demand by L'OREAL USA INC.. (WILSON, NICHOLAS) |
Filing 261 Corporate Disclosure Statement by L'OREAL USA CREATIVE INC. identifying Corporate Parent L'Oreal SA, Corporate Parent L'Oreal USA Inc. for L'OREAL USA CREATIVE INC... (WILSON, NICHOLAS) |
Filing 260 ANSWER to #1 Complaint with Jury Demand by L'OREAL USA CREATIVE INC.. (WILSON, NICHOLAS) |
Filing 259 NOTICE of Appearance by attorney NICHOLAS D. WILSON on behalf of Defendants L'OREAL USA CREATIVE INC., L'OREAL USA INC., MAYBELLINE LLC (WILSON, NICHOLAS) |
Filing 258 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/17/2017, that the Joint Motion (Doc. #223 ) is GRANTED, and the purported crossclaims of the defendants Revlon, Inc. and Revlon Consumer Products Corporation that were or could have been brought against the defendant Target Corporation are DISMISSED. (Daniel, J) |
Filing 257 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/17/2017, that the joint motion, (Doc #219 ), is GRANTED, and all claims of the plaintiff Jody E. Ratcliff that were brought or could have been brought, against Defendant British American Tobacco p.l.c. in the present action are DISMISSED WITHOUT PREJUDICE, without waiver of any of British American Tobacco p.l.c.'s defenses and with each party to bear her or its own costs, and reserving to the plaintiff her claims against all other parties. (Daniel, J) |
Filing 256 Plaintiff's BRIEF re #255 MOTION to Expedite Depositions by Plaintiff JODY E. RATCLIFF filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit Combined Wash State Notices, #2 Exhibit Wash Serv List, #3 Exhibit NC Ltr w/ NOD, #4 Exhibit MDNC Service List, #5 Exhibit Proposed Order)(GRAHAM, WILLIAM) |
Filing 255 MOTION to Expedite Depositions by JODY E. RATCLIFF. (GRAHAM, WILLIAM) |
Motions Submitted: #219 JOINT MOTION, #223 Joint MOTION to Dismiss Purported Crossclaims of Revlon, Inc. and Revlon Consumer Products Corporation Against Target Corporation without Prejudice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Telephone Notice to/from counsel for plaintiff on 7/13/2017: No response will be filed to #103 ; #200 or #212 . (Sanders, Marlene) |
Filing 254 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/11/2017, that the Joint Motion, (Doc. #253 ), is GRANTED, and the purported crossclaims of the defendants Revlon, Inc. and Revlon Consumer Products Corporation that were or could have been brought against the defendant Colgate-Palmolive Co. are DISMISSED WITHOUT PREJUDICE with each party to bear its own costs. (Daniel, J) |
Motions Submitted: #253 Joint MOTION to Dismiss Purported Crossclaims of Defendant Revlon, Inc. and Revlon Consumer Products Corporation Against Defendant Colgate-Palmolive Co. to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 253 Joint MOTION to Dismiss Purported Crossclaims of Defendant Revlon, Inc. and Revlon Consumer Products Corporation Against Defendant Colgate-Palmolive Co. by COLGATE-PALMOLIVE CO.. Response to Motion due by 7/31/2017 (Attachments: #1 Text of Proposed Order)(HAMMOND, JOSEPH) |
Filing 252 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/10/2017, that the joint motion, (Doc. 235), is GRANTED, and all claims of the plaintiff Jody E. Ratcliff that were brought or could have been brought, against the defendant Maremont Corporation in the present action are DISMISSED WITHOUT PREJUDICE, without waiver of any of Maremont Corporation's defenses and with each party to bear her or its own costs, and reserving to the plaintiff her claims against all other parties. (Daniel, J) |
Filing 251 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/10/2017, that the action of the plaintiff, Jody E. Ratcliff against the defendant, The Estee Lauder Companies Inc. be dismissed without prejudice, with each party to bear its own costs. (Daniel, J) |
Filing 250 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/10/2017, that the action of the plaintiff, Jody E. Ratcliff against the defendant, Estee Lauder Inc. be dismissed without prejudice, with each party to bear its own costs. (Daniel, J) |
Filing 249 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/10/2017, that the action of the plaintiff, Jody E. Ratcliff against the defendant, Bobbi Brown Professional Cosmetics Inc., be dismissed without prejudice, with each party to bear its own costs. (Daniel, J) |
Filing 248 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/10/2017, that the action of the plaintiff, Jody E. Ratcliff against the defendant, Clinique Laboratories LLC be dismissed without prejudice, with each party to bear its own costs. (Daniel, J) |
Motions Submitted: #239 Joint MOTION to Dismiss , #241 Joint MOTION to Dismiss , #240 Joint MOTION to Dismiss , #242 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES-. (Sanders, Marlene) |
Filing 247 NOTICE of Appearance by attorney DARRON E. BERQUIST on behalf of Plaintiff JODY E. RATCLIFF (BERQUIST, DARRON) |
Filing 246 NOTICE of Appearance by attorney NAHID A. SHAIKH on behalf of Plaintiff JODY E. RATCLIFF (SHAIKH, NAHID) |
Filing 245 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/3/2017, that the Motion (Doc. #237 ) is GRANTED, and the time period within which Defendant Avon Products, Inc. may reply to Plaintiff's Opposition to the Motion to Dismiss is extended through and including Thursday, July 13, 2017. (Daniel, J) |
Filing 244 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/3/2017, that the Motion (Doc. #232 ) is GRANTED, and the time period within which Defendant White Owl Parts Co. Inc. may serve an answer or otherwise respond to the Complaint is extended through and including July 29, 2017. Given the prior extensions, the Court does not anticipate further extensions of this deadline. (Daniel, J) |
Filing 243 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/3/2017, that the Motion (Doc. #231 ) is GRANTED, and the time period within which Defendant White Owl Parts Co. Inc. may serve an answer or otherwise respond to the Cross-claim of Defendants Revlon, Inc. and Revlon Consumer Products Corporation is extended through and including July 26, 2017. Given the prior extensions, the Court does not anticipate further extensions of this deadline. (Daniel, J) |
Filing 242 Joint MOTION to Dismiss by THE ESTE LAUDER COMPANIES INC.. Response to Motion due by 7/21/2017 (Attachments: #1 Text of Proposed Order)(HOLDEN, JOHN) |
Filing 241 Joint MOTION to Dismiss by ESTE LAUDER INC.. Response to Motion due by 7/21/2017 (Attachments: #1 Text of Proposed Order)(HOLDEN, JOHN) |
Filing 240 Joint MOTION to Dismiss by BOBBI BROWN PROFESSIONAL COSMETICS INC.. Response to Motion due by 7/21/2017 (Attachments: #1 Text of Proposed Order)(HOLDEN, JOHN) |
Filing 239 Joint MOTION to Dismiss by CLINIQUE LABORATORIES LLC. Response to Motion due by 7/21/2017 (Attachments: #1 Text of Proposed Order Proposed Order)(HOLDEN, JOHN) |
Motions No Longer Submitted to JUDGE THOMAS D. SCHROEDER: #219 JOINT MOTION and #223 Joint MOTION to Dismiss Purported Crossclaims of Revlon, Inc. and Revlon Consumer Products Corporation Against Target Corporation without Prejudice. (Engle, Anita) |
Motions Submitted: #235 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Case Reassigned to JUDGE CATHERINE C. EAGLES. UNASSIGNED no longer assigned to the case. (Marsh, Keah) |
Filing 238 STIPULATION of Dismissal of Party With Prejudice by REVLON CONSUMER PRODUCTS CORP., REVLON INC.. (HAWKINS, ERIC) |
Motions Referred: RE: #237 MOTION for Extension of Time to File Reply as to #234 Response in Opposition to Motion, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 237 MOTION for Extension of Time to File Response/Reply as to #234 Response in Opposition to Motion,, by AVON PRODUCTS INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(BEAVER, GARY) |
Filing 236 Additional Attachments to Main Document re #100 MOTION to Dismiss for Lack of Jurisdiction and other Grounds Suggestion of Subsequent Decided Authority. (Attachments: #1 Supplement Opinion, #2 Supplement Order, #3 Supplement Transcript)(SALUTA, GEMMA) (Main Document 236 replaced on 6/29/2017 to correct attorney bar number) (Garrett, Kim) |
Filing 235 Joint MOTION to Dismiss Defendant MAREMONT CORP. without prejudice. Response to Motion due by 7/18/2017. (Attachments: #1 Text of Proposed Order)(EARLY, WILLIAM) |
Filing 234 RESPONSE in Opposition re #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AVON PRODUCTS INC. filed by JODY E. RATCLIFF. Replies due by 7/6/2017 (Attachments: #1 Exhibit P's Complaint Sup Ct, #2 Exhibit P's Resp to Rogs Sup Ct, #3 Exhibit P's Resp to Avon's Disc, #4 Exhibit FDA Testing, #5 Exhibit Ratcliff depo excerpts, #6 Exhibit Ratcliff depo excerpts2, #7 Exhibit 6-2-17 email, #8 Exhibit 6-2-17 email w/ docs, #9 Exhibit 6-19-17 emails, #10 Exhibit Miller Order, #11 Exhibit Miller Complaint, #12 Exhibit D's Brief in Miller, #13 Exhibit P's Opp in Miller, #14 Exhibit Prop Order)(GRAHAM, WILLIAM) |
Filing 233 Letter from Clerk, U.S. District Court to Plaintiffs Counsel on Record. Response as to #103 Motion to Dismiss not filed. (Garrett, Kim) |
Motions Referred: RE: #232 MOTION for Extension of Time to File Answer re #1 Complaint , #231 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 232 MOTION for Extension of Time to File Answer re #1 Complaint by WHITE OWL PARTS CO INC.. (Attachments: #1 Text of Proposed Order)(MARSHALL, JOHN) |
Filing 231 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim by WHITE OWL PARTS CO INC.. (Attachments: #1 Text of Proposed Order)(MARSHALL, JOHN) |
Filing 230 NOTICE of Appearance by attorney DARRON E. BERQUIST on behalf of Plaintiff JODY E. RATCLIFF (BERQUIST, DARRON) |
Filing 229 NOTICE of Appearance by attorney NAHID A. SHAIKH on behalf of Plaintiff JODY E. RATCLIFF (SHAIKH, NAHID) |
Filing 228 REPLY, filed by Defendant FORD MOTOR CO., to Response to #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FORD MOTOR CO.. (RIES, ADDIE) |
Filing 227 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/15/2017, that the Motion for Extension of Time (Doc. #226 ) is GRANTED and Plaintiff will have to and through June 22, 2017 to file her Opposition to Defendant Avon Products Inc.'s Motion to Dismiss. (Daniel, J) |
Response due by 6/22/2017 to #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Daniel, J) |
Motions Referred: RE: #226 MOTION for Extension of Time to File Response/Reply as to #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 226 MOTION for Extension of Time to File Response/Reply as to #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JODY E. RATCLIFF. (Attachments: #1 Text of Proposed Order Order)(GRAHAM, WILLIAM) |
Motions Submitted to JUDGE THOMAS D. SCHROEDER: #219 Joint Motion to Dismiss Defendant BRITISH AMERICAN TOBACCO, PLC without Prejudice and #223 Joint MOTION to Dismiss Purported Crossclaims of Revlon, Inc. and Revlon Consumer Products Corporation Against Target Corporation without Prejudice. (Engle, Anita) |
Filing 225 ORDER EXTENDING TIME signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/5/2017; that the Motion [Doc. #210 ] is GRANTED, and the time period within which said Defendant may serve an answer or otherwise respond to the Complaint is hereby extended through and including June 29, 2017. (Sheets, Jamie) |
Filing 224 ORDER EXTENDING TIME signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/5/2017; that the Motion [Doc. #209 ] is GRANTED, and the time period within which said Defendant may serve an answer or otherwise respond to the Cross-claim of Defendants Revlon, Inc. and Revlon Consumer Products Corporation is hereby extended through and including June 26, 2017. (Sheets, Jamie) |
Filing 223 Joint MOTION to Dismiss Purported Crossclaims of Revlon, Inc. and Revlon Consumer Products Corporation Against Target Corporation without Prejudice by REVLON CONSUMER PRODUCTS CORP., REVLON INC., TARGET CORP.. Response to Motion due by 6/23/2017 (Attachments: #1 Text of Proposed Order Granting Joint Motion to Dismiss Purported Crossclaims of Revlon, Inc. and Revlon Consumer Products Corporation Against Target Corporation without Prejudice)(WELLMAN, JACOB) |
Filing 222 RESPONSE in Opposition re #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FORD MOTOR CO. filed by JODY E. RATCLIFF. Replies due by 6/15/2017 (Attachments: #1 Exhibit Ratcliff NC Complaint, #2 Exhibit Ratcliff Rogs, #3 Exhibit Ford Rogs, #4 Exhibit Erhart Ford Rogs, #5 Exhibit Taylor July 30, #6 Exhibit FD 414, #7 Exhibit Roslinski 2008, #8 Exhibit AIHA, #9 Exhibit Exp to Asbestos (servicing), #10 Exhibit Exp to Asbestos (brake maint), #11 Exhibit Exp to Asbestos (clutch cleaning), #12 Exhibit Ford correspondence, #13 Exhibit FR Vol 34, #14 Exhibit Wabeke 2012, #15 Exhibit Duane Block, #16 Exhibit Rohl 1975, #17 Exhibit FD 136, #18 Exhibit FD 263)(GRAHAM, WILLIAM) |
Filing 221 ***Filed in Error***STIPULATION of Dismissal of Party With Prejudice by REVLON CONSUMER PRODUCTS CORP., REVLON INC. (HAWKINS, ERIC) Parties will re-file document. Modified on 6/29/2017 (Garrett, Kim). |
Filing 220 Proposed Order to #219 JOINT MOTION to Dismiss Defendant BRITISH AMERICAN TOBACCO, PLC without Prejudice. (HOOD, DAVID) Modified docket on 6/1/2017 to match document filed. (Daniel, J) |
Filing 219 JOINT MOTION by BRITISH AMERICAN TOBACCO PLC. to Dismiss Defendant BRITISH AMERICAN TOBACCO, PLC without Prejudice. (HOOD, DAVID) Modified docket on 6/1/2017 to match document filed. (Daniel, J). |
Filing 218 MEMORANDUM filed by Defendant WHITE OWL PARTS CO INC. re #217 MOTION for Summary Judgment filed by WHITE OWL PARTS CO INC.. (MARSHALL, JOHN) |
Filing 217 MOTION for Summary Judgment by WHITE OWL PARTS CO INC.. Response to Motion due by 6/29/2017 (Attachments: #1 Text of Proposed Order)(MARSHALL, JOHN) |
Filing 216 ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 5/25/2017, that the joint motion of Defendants Walgreen Co., Revlon, Inc. and Revlon Consumer Products Corporation (Doc. #196 ) is GRANTED, and the purported crossclaims of Defendants Revlon, Inc. and Revlon Consumer Products Corporation that were or could have been brought against Defendant Walgreen Co. are hereby DISMISSED WITHOUT PREJUDICE, with each party to bear her or its own costs. (Daniel, J) |
Filing 215 ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 5/25/2017, that the joint motion to dismiss Defendant Walgreen Co. (Doc. #188 ) is GRANTED according to the terms and conditions set forth by Plaintiff Jody E. Ratcliff and Defendant Walgreen Co. and all claims against Defendant Walgreen Co. in this action are hereby DISMISSED WITHOUT PREJUDICE, with each party to bear her or its own costs. (Daniel, J) |
Filing 214 ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 5/25/2017, that the Joint Motion to dismiss Defendant Target Corporation (Doc. #161 ) is GRANTED, and the claims of Plaintiff Jody E. Ratliff that were or could have been brought against Defendant Target Corporation are hereby DISMISSED WITHOUT PREJUDICE, with each party to bear her or its own costs. Target's Motion to Dismiss, or in the Alternative, Motion to Stay (Doc. #140 ), is DENIED AS MOOT. (Daniel, J) |
Filing 213 MEMORANDUM filed by Defendant BRITAIN'S GARAGE LLC re #212 MOTION for Summary Judgment filed by BRITAIN'S GARAGE LLC. (SULLIVAN, MATTHEW) |
Filing 212 MOTION for Summary Judgment by BRITAIN'S GARAGE LLC. Response to Motion due by 6/23/2017 (Attachments: #1 Affidavit Affidavit of Lee Yarborough)(SULLIVAN, MATTHEW) |
Filing 211 ANSWER to #1 Complaint with Jury Demand and Answer to Cross-Claims by BRITAIN'S GARAGE LLC. (SULLIVAN, MATTHEW) |
Motions Referred: RE: #210 MOTION for Extension of Time to File Answer re #1 Complaint , #209 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim , to MAG/JUDGE JOI ELIZABETH PEAKE (Williamson, Wanda) |
Motions Submitted to JUDGE THOMAS D. SCHROEDER: #188 JOINT MOTIONto Dismiss Defendant Walgreen Co. Without Prejudice, #196 JOINT MOTION to Dismiss Purported Crossclaims of Defendants Revlon, Inc. and Revlon Consumer Products Corporation Against Defendant Walgreen Co., and #161 Joint MOTION to Dismiss Defendant Target Corporation without Prejudice. (Engle, Anita) |
Filing 210 MOTION for Extension of Time to File Answer re #1 Complaint by WHITE OWL PARTS CO INC.. (MARSHALL, JOHN) |
Filing 209 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim by WHITE OWL PARTS CO INC.. (MARSHALL, JOHN) |
Filing 208 AFFIDAVIT OF SERVICE as to AMERICAN HONDA MOTOR CO. INC. served on 3/8/2017, answer due 3/29/2017; AUTO GENERATOR & STARTER SERVICE INC. served on 3/9/2017, answer due 3/30/2017; AVON PRODUCTS INC. served on 3/8/2017, answer due 3/29/2017; BARNES MOTOR & PARTS CO. INC. served on 3/8/2017, answer due 3/29/2017; BMW OF NORTH AMERICA LLC served on 3/8/2017, answer due 3/29/2017; BOBBI BROWN PROFESSIONAL COSMETICS INC. served on 3/9/2017, answer due 3/30/2017; BORGWARNER MORSE TEC LLC served on 3/10/2017, answer due 5/1/2017; BRENNTAG SPECIALTIES INC. served on 3/8/2017, answer due 3/29/2017; BRITAIN'S GARAGE LLC served on 3/9/2017, answer due 5/30/2017; CLINIQUE LABORATORIES LLC served on 3/15/2017, answer due 4/5/2017; COLGATE-PALMOLIVE CO. served on 3/8/2017, answer due 4/28/2017; CONAGRA BRANDS INC. served on 3/10/2017, answer due 3/31/2017; CONTINENTAL AUTOMOTIVE SYSTEMS INC. served on 3/8/2017, answer due 3/29/2017; CYPRUS AMAX MINERALS CO. served on 3/10/2017, answer due 3/31/2017; DAN WISE CHEVROLET INC. served on 3/10/2017, answer due 4/18/2017; DANA COMPANIES LLC served on 3/9/2017, answer due 3/30/2017; DOUG HENRY CHEVROLET BUICK GMC INC. served on 3/8/2017, answer due 4/24/2017; DOUG HENRY CHEVROLET INC. served on 3/8/2017, answer due 4/24/2017; EDGEWELL PERSONAL CARE CO. served on 3/14/2017, answer due 5/1/2017; EDGEWELL PERSONAL CARE LLC served on 3/14/2017, answer due 5/1/2017; ESTE LAUDER INC. served on 3/10/2017, answer due 3/31/2017; FORD MOTOR CO. served on 3/8/2017, answer due 3/29/2017; FREMA MOTORS INC. served on 3/8/2017, answer due 4/24/2017; GENE TAYLOR INC. served on 3/8/2017, answer due 4/26/2017; GENUINE PARTS CO. served on 3/8/2017, answer due 3/29/2017; HENNESSY INDUSTRIES INC. served on 3/10/2017, answer due 3/31/2017; HONEYWELL INTERNATIONAL INC. served on 3/10/2017, answer due 3/31/2017; IMERYS TALC AMERICA INC. served on 3/8/2017, answer due 3/29/2017; MAREMONT CORP. served on 3/10/2017, answer due 4/7/2017; MASSEY MOTOR CO. served on 3/8/2017, answer due 4/26/2017; MAYBELLINE LLC served on 3/9/2017, answer due 3/30/2017; MITSUBISHI MOTORS NORTH AMERICA INC. served on 3/8/2017, answer due 3/29/2017; NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC. served on 3/13/2017, answer due 4/3/2017; NAVISTAR INC. served on 3/8/2017, answer due 3/29/2017; NISSAN NORTH AMERICA INC. served on 3/10/2017, answer due 3/31/2017; PAUL BENTON MOTORS OF NORTH CAROLINA LLC served on 3/8/2017, answer due 4/26/2017; PERSONAL CARE PRODUCTS COUNCIL served on 3/15/2017, answer due 4/5/2017; PLAYTEX PRODUCTS LLC served on 3/10/2017, answer due 5/1/2017; R&S AUTOMOTIVE served on 3/8/2017, answer due 3/29/2017; R&S AUTOMOTIVE SERVICE LLC served on 3/14/2017, answer due 4/4/2017; REVLON CONSUMER PRODUCTS CORP. served on 3/8/2017, answer due 3/29/2017; REVLON INC. served on 3/10/2017, answer due 3/31/2017; SALE AUTO MALL INC. served on 3/13/2017, answer due 4/28/2017; SALE AUTOMOTIVE GROUP INC. served on 3/13/2017, answer due 4/28/2017; SALE FORD LLC served on 3/8/2017, answer due 4/28/2017; STANDARD MOTOR PRODUCTS INC. served on 3/9/2017, answer due 3/30/2017; TAMPBRANDS INC. served on 3/10/2017, answer due 5/1/2017; TARGET CORP. served on 3/8/2017, answer due 3/29/2017; THE ESTE LAUDER COMPANIES INC. served on 3/10/2017, answer due 3/31/2017; THE GILLETTE CO. served on 3/8/2017, answer due 4/28/2017; THE PROCTOR & GAMBLE CO. served on 3/10/2017, answer due 5/1/2017; TILGHMAN'S GARAGE LLC served on 3/9/2017, answer due 4/17/2017; TOYOTA MOTOR SALES USA INC. served on 3/8/2017, answer due 3/29/2017; WALGREEN CO. served on 3/8/2017, answer due 4/28/2017; WHITE OWL PARTS CO INC. served on 3/8/2017, answer due 5/30/2017; WHITTAKER, CLARK & DANIELS INC. served on 3/10/2017, answer due 3/31/2017; WINNER CHEVROLET INC. served on 3/20/2017, answer due 5/10/2017. (Attachments: #1 Exhibit Proof of Service)(GRAHAM, WILLIAM) |
Filing 207 CERTIFICATE re #202 Brief Certificate of Word Count Compliance by Defendant AVON PRODUCTS INC.. (BEAVER, GARY) |
Filing 206 REPLY, filed by Defendant PERSONAL CARE PRODUCTS COUNCIL, to Response to #100 MOTION to Dismiss for Lack of Jurisdiction and other Grounds filed by PERSONAL CARE PRODUCTS COUNCIL. (SALUTA, GEMMA) |
Filing 205 REPLY by BORGWARNER MORSE TEC LLC. to Crossclaim re: #29 Answer. (LEVY, DAVID) Modified docket text on 5/18/2017 to match document filed. (Daniel, J) |
Filing 204 Corporate Disclosure Statement by AVON PRODUCTS INC.. (BEAVER, GARY) |
Filing 203 ANSWER to #1 Complaint with Jury Demand by AVON PRODUCTS INC.. (BEAVER, GARY) |
Filing 202 BRIEF re #201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit 1-Order)(BEAVER, GARY) |
Filing 201 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AVON PRODUCTS INC.. Response to Motion due by 6/7/2017 (Attachments: #1 Text of Proposed Order)(BEAVER, GARY) |
Filing 200 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 9(b) (Count VIII - Fraud/False Representation) by AUTO GENERATOR & STARTER SERVICE INC.. Response to Motion due by 6/5/2017 (NELSON, JOSEPH) |
Filing 199 ANSWER to #1 Complaint with Jury Demand by AUTO GENERATOR & STARTER SERVICE INC.. (NELSON, JOSEPH) |
Filing 198 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant AUTO GENERATOR & STARTER SERVICE INC. by AUTO GENERATOR & STARTER SERVICE INC..(NELSON, JOSEPH) |
Filing 197 NOTICE of Appearance by attorney JOSEPH L. NELSON on behalf of Defendant AUTO GENERATOR & STARTER SERVICE INC. (NELSON, JOSEPH) |
Filing 196 JOINT MOTION to Dismiss Purported Crossclaims of Defendants Revlon, Inc. and Revlon Consumer Products Corporation Against Defendant Walgreen Co. by REVLON CONSUMER PRODUCTS CORP., REVLON INC., WALGREEN CO.. (Attachments: #1 Text of Proposed Order Proposed Order)(HELMS, H.) |
Filing 195 ANSWER to #29 Answer to Complaint, Crossclaim by DANA COMPANIES LLC. (MCDONALD, MOFFATT) |
Filing 194 MEMORANDUM filed by Defendant FORD MOTOR CO. re #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FORD MOTOR CO.. (RIES, ADDIE) |
Filing 193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FORD MOTOR CO.. Response to Motion due by 6/1/2017 (Attachments: #1 Text of Proposed Order)(RIES, ADDIE) |
Filing 192 NOTICE of Appearance by attorney SHANNON S. FRANKEL on behalf of Defendants BARNES MOTOR & PARTS CO. INC., GENUINE PARTS CO., NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC. (FRANKEL, SHANNON) |
Filing 191 RESPONSE re #29 Answer to Complaint, Crossclaim ANSWER TO CROSSCLAIM by HENNESSY INDUSTRIES INC.. Replies due by 5/24/2017 (HOLMES, JANICE) |
Filing 190 ANSWER to #29 Answer to Complaint, Crossclaim of Revlon Defendants by BOBBI BROWN PROFESSIONAL COSMETICS INC., CLINIQUE LABORATORIES LLC, ESTE LAUDER INC., THE ESTE LAUDER COMPANIES INC.. (HOLDEN, JOHN) |
Filing 189 ANSWER to #29 Answer to Complaint, Crossclaim of Revlon Defendants by WYNN ODOM FORD INC.. (HOLDEN, JOHN) |
Filing 188 JOINT MOTIONto Dismiss Defendant Walgreen Co. Without Prejudice by WALGREEN CO.. (Attachments: #1 Text of Proposed Order Proposed Order)(HELMS, H.) |
Filing 187 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant AMERICAN HONDA MOTOR CO. INC. by AMERICAN HONDA MOTOR CO. INC..(TOMLIN, TRACY) |
Filing 186 ANSWER to #1 Complaint by AMERICAN HONDA MOTOR CO. INC.. (TOMLIN, TRACY) |
Filing 185 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants BARNES MOTOR & PARTS CO. INC., GENUINE PARTS CO., NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC.. MATTHEW PATRICK MCGUIRE is substituted as counsel for Defendants. Attorney MATTHEW PATRICK MCGUIRE terminated. (MCGUIRE, MATTHEW) |
Filing 184 NOTICE of Voluntary Dismissal as to party(s) R&S AUTOMOTIVE and R&S AUTOMOTIVE SERVICE LLC, filed by Plaintiff JODY E. RATCLIFF (GRAHAM, WILLIAM) |
Filing 183 NOTICE of Voluntary Dismissal as to party(s) COLGATE-PALMOLIVE CO., filed by Plaintiff JODY E. RATCLIFF (GRAHAM, WILLIAM) |
Filing 182 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant WHITTAKER, CLARK & DANIELS INC. by WHITTAKER, CLARK & DANIELS INC..(TOMLIN, TRACY) |
Filing 181 ANSWER to #1 Complaint by WHITTAKER, CLARK & DANIELS INC.. (TOMLIN, TRACY) |
Filing 180 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant TOYOTA MOTOR SALES USA INC. by TOYOTA MOTOR SALES USA INC..(TOMLIN, TRACY) |
Filing 179 ANSWER to #1 Complaint by TOYOTA MOTOR SALES USA INC.. (TOMLIN, TRACY) |
Filing 178 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant NISSAN NORTH AMERICA INC. by NISSAN NORTH AMERICA INC..(TOMLIN, TRACY) |
Filing 177 ANSWER to #1 Complaint by NISSAN NORTH AMERICA INC.. (TOMLIN, TRACY) |
Filing 176 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant NAVISTAR INC. by NAVISTAR INC..(TOMLIN, TRACY) |
Filing 175 ANSWER to #1 Complaint by NAVISTAR INC.. (TOMLIN, TRACY) |
Filing 174 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant MITSUBISHI MOTORS NORTH AMERICA INC. by MITSUBISHI MOTORS NORTH AMERICA INC..(TOMLIN, TRACY) |
Filing 173 ANSWER to #1 Complaint by MITSUBISHI MOTORS NORTH AMERICA INC.. (TOMLIN, TRACY) |
Filing 172 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant BRENNTAG SPECIALTIES INC. by BRENNTAG SPECIALTIES INC..(TOMLIN, TRACY) |
Filing 171 ANSWER to #1 Complaint by BRENNTAG SPECIALTIES INC.. (TOMLIN, TRACY) |
Filing 170 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/4/2017, that the Motion (Doc. #124 ) is GRANTED, and the time period within which Defendant White Owl Parts Co. Inc. may answer or otherwise respond to the Complaint is extended through and including May 30, 2017.This 4th (Daniel, J) |
Filing 169 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/4/2017, that the Motion (Doc. #125 ) is GRANTED, and the time period within which Defendant Britain's Garage LLC may answer or otherwise respond to the Complaint is extended through and including May 30, 2017. (Daniel, J) |
Filing 168 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/4/2017, that the Motion (Doc. #117 ) is GRANTED, and the time period within which Defendant White Owl Parts Co. Inc. may answer or otherwise respond to the Cross-claim of Defendants Revlon, Inc. and Revlon Consumer Products Corporation is extended through and including May 26, 2017.(Daniel, J) |
Filing 167 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/4/2017, that the Motion (Doc. #116 ) is GRANTED, and the time period within which Defendant Britain's Garage LLC may answer or otherwise respond to the Cross-claim of Defendants Revlon, Inc. and Revlon Consumer Products Corporation is extended through and including May 26, 2017. (Daniel, J) |
Filing 166 NOTICE by HENNESSY INDUSTRIES INC. re #165 Reply to Response to Motion supplementing with LR 7.3 Certification (HOLMES, JANICE) |
Filing 165 REPLY, filed by Defendant HENNESSY INDUSTRIES INC., to Response to #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HENNESSY INDUSTRIES INC.. (HOLMES, JANICE) |
Filing 164 NOTICE by JODY E. RATCLIFF re #162 Response in Opposition to Motion (HUGHES, JOHN) |
Filing 163 DECLARATION filed by Plaintiff JODY E. RATCLIFF re #162 Response in Opposition to Motion filed by JODY E. RATCLIFF. (Attachments: #1 Exhibit Complaint, #2 Exhibit Website, #3 Exhibit FDA, #4 Exhibit CTFA, #5 Exhibit Talc, #6 Exhibit Cralley, #7 Exhibit Times, #8 Exhibit bp, #9 Exhibit Talc, #10 Exhibit TTG, #11 Exhibit Samples, #12 Exhibit Lewin, #13 Exhibit Memo of Mtg, #14 Exhibit Eiermann, #15 Exhibit Fed. Reg., #16 Exhibit CTFA Report, #17 Exhibit CTFA 2/19/74, #18 Exhibit CTFA 6/21/74, #19 Exhibit Final Report, #20 Exhibit Subcomm, #21 Exhibit Talc3, #22 Exhibit Langer, #23 Exhibit Color, #24 Exhibit Subcomm2, #25 Exhibit TTG2, #26 Exhibit Subcomm3, #27 Exhibit Powders, #28 Exhibit J&J 3/8/76, #29 Exhibit News Release 3/8/76, #30 Exhibit Talc Task Force Mtg, #31 Exhibit CTFA Mtg w/ FDA, #32 Exhibit CTFA Minutes, #33 Exhibit Talc Subcomm Mins, #34 Exhibit Memo 3/19/76, #35 Exhibit Mtg of Talc Group, #36 Exhibit CTFA 4/26/76, #37 Exhibit Sinai, #38 Exhibit Method, #39 Exhibit Testing, #40 Exhibit Sandland, #41 Exhibit Oct. 1977, #42 Exhibit Talc 1615, #43 Exhibit Monoblend, #44 Exhibit Avon ltr, #45 Exhibit Dept of Health, #46 Exhibit CTFA - 024, #47 Exhibit News Release, #48 Exhibit CTFA ltr, #49 Exhibit P's Answers to Disc, #50 Exhibit Depo)(GRAHAM, WILLIAM) |
Filing 162 RESPONSE in Opposition re #100 MOTION to Dismiss for Lack of Jurisdiction and other Grounds filed by PERSONAL CARE PRODUCTS COUNCIL filed by JODY E. RATCLIFF. Replies due by 5/17/2017 (GRAHAM, WILLIAM) |
Filing 161 Joint MOTION to Dismiss Defendant Target Corporation without Prejudice by TARGET CORP.. (Attachments: #1 Text of Proposed Order)(WELLMAN, JACOB) |
Filing 160 NOTICE of Appearance by attorney JOSIAH J. CORRIGAN on behalf of Defendants R&S AUTOMOTIVE, R&S AUTOMOTIVE SERVICE LLC (CORRIGAN, JOSIAH) |
Filing 159 NOTICE of Appearance by attorney DAVID L. LEVY on behalf of Defendant BORGWARNER MORSE TEC LLC (LEVY, DAVID) |
Filing 158 Corporate Disclosure Statement by BORGWARNER MORSE TEC LLC identifying Corporate Parent BORGWARNER, INC. for BORGWARNER MORSE TEC LLC.. (LEVY, DAVID) |
Filing 157 ANSWER to #1 Complaint with Jury Demand by BORGWARNER MORSE TEC LLC. (LEVY, DAVID) |
Filing 156 ANSWER to #1 Complaint with Jury Demand by PLAYTEX PRODUCTS LLC. (WILSON, NICHOLAS) |
Filing 155 ANSWER to #1 Complaint with Jury Demand by EDGEWELL PERSONAL CARE LLC. (WILSON, NICHOLAS) |
Filing 154 ANSWER to #1 Complaint with Jury Demand by EDGEWELL PERSONAL CARE CO.. (WILSON, NICHOLAS) |
Filing 153 ANSWER to #1 Complaint with Jury Demand by WINNER CHEVROLET INC.. (DRAYTON, AMY) |
Filing 152 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant WINNER CHEVROLET INC. (DRAYTON, AMY) |
Filing 151 BRIEF re #150 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant COLGATE-PALMOLIVE CO. filed by COLGATE-PALMOLIVE CO.. (Attachments: #1 Exhibit 1 - Plaintiff's Amended Complaint, #2 Exhibit 2 - Order Setting Civil Case Schedule)(HAMMOND, JOSEPH) |
Filing 150 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by COLGATE-PALMOLIVE CO.. Response to Motion due by 5/19/2017 (HAMMOND, JOSEPH) |
Filing 149 ANSWER TO CROSSCLAIM filed by WALGREEN CO. (HELMS, H.) Modified duplicate text and terminated reply deadline on 5/4/2017. (Daniel, J) |
Filing 148 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant THE PROCTOR & GAMBLE CO.. (HARRIS, DAVID) |
Filing 147 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant THE GILLETTE CO.. (HARRIS, DAVID) |
Filing 146 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant TAMPBRANDS INC.. (HARRIS, DAVID) |
Filing 145 ANSWER to #1 Complaint with Jury Demand by WALGREEN CO.. (HELMS, H.) |
Filing 144 BRIEF re #143 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (HELMS, H.) |
Filing 143 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WALGREEN CO.. Response to Motion due by 5/19/2017 (HELMS, H.) |
Filing 142 ANSWER to #1 Complaint with Jury Demand by DAN WISE CHEVROLET INC.. (YNTEMA, BRADY) |
Filing 141 MEMORANDUM filed by Defendant TARGET CORP. re #140 MOTION to Dismiss or in the Alternative, Motion to Stay filed by TARGET CORP.. (Attachments: #1 Exhibit King County, WA Complaint, #2 Exhibit King County, WA Order)(WELLMAN, JACOB) |
Filing 140 MOTION to Dismiss or in the Alternative, Motion to Stay by TARGET CORP.. Response to Motion due by 5/19/2017 (WELLMAN, JACOB) |
Filing 139 Corporate Disclosure Statement by TARGET CORP.. (WELLMAN, JACOB) |
Filing 138 NOTICE of Appearance by attorney JACOB H. WELLMAN on behalf of Defendant TARGET CORP. (WELLMAN, JACOB) |
Filing 137 ANSWER to #1 Complaint with Jury Demand by THE PROCTOR & GAMBLE CO.. (HARRIS, DAVID) |
Filing 136 ANSWER to #1 Complaint with Jury Demand by THE GILLETTE CO.. (HARRIS, DAVID) |
Filing 135 ANSWER to #1 Complaint with Jury Demand by TAMPBRANDS INC.. (HARRIS, DAVID) |
Filing 134 ANSWER to #1 Complaint with Jury Demand by SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., SALE FORD LLC. (DRAYTON, AMY) |
Filing 133 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., SALE FORD LLC (DRAYTON, AMY) |
Filing 132 ANSWER to #1 Complaint with Jury Demand by MASSEY MOTOR CO.. (DRAYTON, AMY) |
Filing 131 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant MASSEY MOTOR CO. (DRAYTON, AMY) |
Filing 130 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MASSEY MOTOR CO.. AMY C. DRAYTON is substituted as counsel for Defendant. Attorney JOHN P. MARSHALL terminated. (DRAYTON, AMY) |
Motions Referred: RE: #125 MOTION for Extension of Time to File Answer re #1 Complaint , to MAG/JUDGE JOI ELIZABETH PEAKE (Williamson, Wanda) |
Filing 129 ANSWER to #1 Complaint with Jury Demand by PAUL BENTON MOTORS OF NORTH CAROLINA LLC. (DRAYTON, AMY) |
Filing 128 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant PAUL BENTON MOTORS OF NORTH CAROLINA LLC (DRAYTON, AMY) |
Filing 127 ANSWER to #1 Complaint with Jury Demand by GENE TAYLOR INC.. (DRAYTON, AMY) |
Filing 126 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant GENE TAYLOR INC. (DRAYTON, AMY) |
Filing 125 MOTION for Extension of Time to File Answer re #1 Complaint by BRITAIN'S GARAGE LLC. (SULLIVAN, MATTHEW) |
Filing 124 MOTION for Extension of Time to File Answer re #1 Complaint by WHITE OWL PARTS CO INC.. (MARSHALL, JOHN) |
Motions Referred: RE: #124 MOTION for Extension of Time to File Answer re #1 Complaint , #116 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim , #117 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim , to MAG/JUDGE JOI ELIZABETH PEAKE (Williamson, Wanda) |
Filing 123 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., SALE FORD LLC. AMY C. DRAYTON is substituted as counsel for Defendants. Attorney MATTHEW S. SULLIVAN terminated. (DRAYTON, AMY) |
Filing 122 Defendants Doug Henry Chevrolet Buick GMC's and Doug Henry Chevrolet, Inc.'s ANSWER to #1 Complaint with Jury Demand by DOUG HENRY CHEVROLET BUICK GMC INC., DOUG HENRY CHEVROLET INC.. (DRAYTON, AMY) |
Filing 121 Frema Motors, Inc.'s ANSWER to #1 Complaint with Jury Demand by FREMA MOTORS INC.. (DRAYTON, AMY) |
Filing 120 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant FREMA MOTORS INC. (DRAYTON, AMY) |
Filing 119 ***FILED IN ERROR*** CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., SALE FORD LLC (DRAYTON, AMY) Modified on 4/24/2017 to mark filed in error - incorrect document attached. Attorney to re-file. (Sheets, Jamie) |
Filing 118 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants DOUG HENRY CHEVROLET BUICK GMC INC., DOUG HENRY CHEVROLET INC. (DRAYTON, AMY) |
Filing 117 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim by WHITE OWL PARTS CO INC.. (MARSHALL, JOHN) |
Filing 116 MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim by BRITAIN'S GARAGE LLC. (SULLIVAN, MATTHEW) |
Filing 115 RESPONSE in Opposition re #84 MOTION to Dismiss Fraud Cause of Action filed by HONEYWELL INTERNATIONAL INC. filed by JODY E. RATCLIFF. Replies due by 5/5/2017 (Attachments: #1 Exhibit Ratcliff NC Complaint, #2 Exhibit Ratcliff Style Rogs, #3 Exhibit Castleman, #4 Exhibit Reed Rogs, #5 Exhibit Case, LB Air Hygiene Study, #6 Exhibit VJ Castrop, #7 Exhibit E.A. Martin Ltr, #8 Exhibit HG Donovan Ltr, #9 Exhibit 1956 Industrial Code, #10 Exhibit Fed Reg Vol 34, #11 Exhibit 1964 NYT, #12 Exhibit 1966 NYT 3, #13 Exhibit 1966 NYT 5, #14 Exhibit FMSI Minutes)(GRAHAM, WILLIAM) |
Filing 114 ANSWER to #1 Complaint with Jury Demand by BOBBI BROWN PROFESSIONAL COSMETICS INC., CLINIQUE LABORATORIES LLC, ESTE LAUDER INC., THE ESTE LAUDER COMPANIES INC.. (HOLDEN, JOHN) |
Filing 113 Corporate Disclosure Statement by THE ESTE LAUDER COMPANIES INC.. (HOLDEN, JOHN) |
Filing 112 Corporate Disclosure Statement by ESTE LAUDER INC. identifying Corporate Parent The Estee Lauder Companies Inc. for ESTE LAUDER INC... (HOLDEN, JOHN) |
Filing 111 Corporate Disclosure Statement by CLINIQUE LABORATORIES LLC identifying Corporate Parent The Estee Lauder Companies Inc., Corporate Parent Estee Lauder Inc. for CLINIQUE LABORATORIES LLC.. (HOLDEN, JOHN) |
Filing 110 Corporate Disclosure Statement by BOBBI BROWN PROFESSIONAL COSMETICS INC. identifying Corporate Parent The Estee Lauder Companies Inc. for BOBBI BROWN PROFESSIONAL COSMETICS INC... (HOLDEN, JOHN) |
Filing 109 NOTICE of Appearance by attorney JOHN T. HOLDEN on behalf of Defendants BOBBI BROWN PROFESSIONAL COSMETICS INC., CLINIQUE LABORATORIES LLC, ESTE LAUDER INC., THE ESTE LAUDER COMPANIES INC. (HOLDEN, JOHN) |
Filing 108 RESPONSE in Opposition re #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HENNESSY INDUSTRIES INC. filed by JODY E. RATCLIFF. Replies due by 5/4/2017 (Attachments: #1 Exhibit Ratcliff NC Complaint, #2 Exhibit Ratcliff Style Rogs, #3 Exhibit Illinois Statute, #4 Exhibit 11.13 Mountz, #5 Exhibit 9.17 Mountz, #6 Exhibit 7.26 Mountz, #7 Exhibit 8-19-50 Patent, #8 Exhibit 2-13-56 Patent, #9 Exhibit Marketing, #10 Exhibit March 1973 Patent, #11 Exhibit Dec 1973 Patent, #12 Exhibit 1-30-73 Asbestos Study, #13 Exhibit Jan 1978 Asbestos Study, #14 Exhibit July 1978 Asbestos Study, #15 Exhibit Oct 1986 Asbestos Study)(GRAHAM, WILLIAM) |
Filing 107 ANSWER to #1 Complaint with Jury Demand by WYNN ODOM FORD INC.. (HOLDEN, JOHN) |
Filing 106 Corporate Disclosure Statement by WYNN ODOM FORD INC.. (HOLDEN, JOHN) |
Filing 105 NOTICE of Appearance by attorney JOHN T. HOLDEN on behalf of Defendant WYNN ODOM FORD INC. (HOLDEN, JOHN) |
Filing 104 BRIEF re #103 MOTION to Dismiss by Defendant TILGHMAN'S GARAGE LLC filed by TILGHMAN'S GARAGE LLC. (WILSON, GROVER) |
Filing 103 MOTION to Dismiss by TILGHMAN'S GARAGE LLC. Response to Motion due by 5/8/2017 (Attachments: #1 Affidavit)(WILSON, GROVER) |
Filing 102 Additional Attachments to Main Document re #101 Memorandum - Exhibit A: Declaration of Mark A. Pollak. (SALUTA, GEMMA) |
Filing 101 MEMORANDUM filed by Defendant PERSONAL CARE PRODUCTS COUNCIL re #100 MOTION to Dismiss for Lack of Jurisdiction and other Grounds filed by PERSONAL CARE PRODUCTS COUNCIL. (SALUTA, GEMMA) |
Filing 100 MOTION to Dismiss for Lack of Jurisdiction and other Grounds by PERSONAL CARE PRODUCTS COUNCIL. Response to Motion due by 5/3/2017 (SALUTA, GEMMA) |
Filing 99 Corporate Disclosure Statement by PERSONAL CARE PRODUCTS COUNCIL. (SALUTA, GEMMA) |
Filing 98 NOTICE of Appearance by attorney GEMMA L. SALUTA on behalf of Defendant PERSONAL CARE PRODUCTS COUNCIL (SALUTA, GEMMA) |
Answer updated for BRITISH AMERICAN TOBACCO PLC to 6/19/2017. (Sheets, Jamie) |
Filing 97 NOTICE by JODY E. RATCLIFF (Attachments: #1 Exhibit Waiver of Service of Summons)(GRAHAM, WILLIAM) |
ORDER granting #96 Motion for Extension of Time to Answer for WINNER CHEVROLET INC. Answer due by 5/10/2017. Signed by John Brubaker, Clerk of Court, on 04/07/2017. (Brubaker, John) |
Filing 96 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by WINNER CHEVROLET INC.. (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 95 Corporate Disclosure Statement by MAREMONT CORP.. (EARLY, WILLIAM) |
Filing 94 ANSWER to Complaint with Jury Demand by MAREMONT CORP.. (EARLY, WILLIAM) |
Filing 93 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant BRITISH AMERICAN TOBACCO PLC. (HOOD, DAVID) |
Filing 92 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant BRITISH AMERICAN TOBACCO PLC. (HOOD, DAVID) |
Filing 91 NOTICE of Appearance by attorney RONALD B. COX on behalf of Defendant STANDARD MOTOR PRODUCTS INC. (COX, RONALD) |
Filing 90 ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/4/2017, that Defendant Colgate-Palmolive Company's motion (Doc. #59 ) to extend time to answer or otherwise respond to the Complaint is GRANTED, and Defendant Colgate-Palmolive Company has until and including April 28, 2017, to answer or otherwise respond to the Complaint.(Daniel, J) |
Filing 89 NOTICE of Appearance by attorney CARTER T. LAMBETH on behalf of Defendant MAREMONT CORP. (LAMBETH, CARTER) |
Filing 88 CERTIFICATE OF SERVICE by BMW OF NORTH AMERICA LLC re #55 Answer to Complaint, #57 Corporate Disclosure Statement (CLEARY, PATRICK) |
Filing 87 ANSWER to Complaint with Jury Demand by NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC.. (MCGUIRE, MATTHEW) |
Filing 86 Corporate Disclosure Statement by NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC. identifying Corporate Parent GENUINE PARTS COMPANY for NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC... (MCGUIRE, MATTHEW) |
ORDER granting #81 Motion for Extension of Time to Answer for EDGEWELL PERSONAL CARE CO.; EDGEWELL PERSONAL CARE LLC; amd PLAYTEX PRODUCTS LLC. Answer due by 5/1/2017. Signed by John Brubaker, Clerk of Court, on 4/3/2017. (Brubaker, John) |
ORDER granting #82 Motion for Extension of Time to Answer for MAREMONT CORP. Answer due by 4/7/2017. Signed by John Brubaker, Clerk of Court, on 04/03/2017. (Brubaker, John) |
ORDER granting #74 Motion for Extension of Time for WALGREEN CO. to File Answer to Crossclaim of REVLON, INC. and REVLON CONSUMER PRODUCTS CORPORATION. Answer due by 5/17/2017. Signed by John Brubaker, Clerk of Court, on 4/3/2017. (Brubaker, John) |
Filing 85 MEMORANDUM filed by Defendant HONEYWELL INTERNATIONAL INC. re #84 MOTION to Dismiss Fraud Cause of Action filed by HONEYWELL INTERNATIONAL INC.. (DAVIS, HARRY) |
Filing 84 MOTION to Dismiss Fraud Cause of Action by HONEYWELL INTERNATIONAL INC.. Response to Motion due by 4/21/2017 (DAVIS, HARRY) |
Filing 83 ANSWER to #1 Complaint with Jury Demand by HONEYWELL INTERNATIONAL INC.. (DAVIS, HARRY) |
Filing 82 MOTION for Extension of Time to File Answer by MAREMONT CORP.. (EARLY, WILLIAM) |
Filing 81 Consent MOTION for Extension of Time to File Answer re #1 Complaint by EDGEWELL PERSONAL CARE CO., EDGEWELL PERSONAL CARE LLC, PLAYTEX PRODUCTS LLC. (Attachments: #1 Text of Proposed Order)(WILSON, NICHOLAS) |
Filing 80 Corporate Disclosure Statement by PLAYTEX PRODUCTS LLC identifying Corporate Parent Edgewell Personal Care Co. for PLAYTEX PRODUCTS LLC.. (WILSON, NICHOLAS) |
Filing 79 Corporate Disclosure Statement by EDGEWELL PERSONAL CARE LLC identifying Corporate Parent Edgewell Personal Care Co. for EDGEWELL PERSONAL CARE LLC.. (WILSON, NICHOLAS) |
Filing 78 Corporate Disclosure Statement by EDGEWELL PERSONAL CARE CO.. (WILSON, NICHOLAS) |
Filing 77 NOTICE of Appearance by attorney NICHOLAS D. WILSON on behalf of Defendant PLAYTEX PRODUCTS LLC (WILSON, NICHOLAS) |
Filing 76 NOTICE of Appearance by attorney WILLIAM P. EARLY on behalf of Defendant MAREMONT CORP. (EARLY, WILLIAM) |
Filing 75 NOTICE of Appearance by attorney NICHOLAS D. WILSON on behalf of Defendants EDGEWELL PERSONAL CARE CO., EDGEWELL PERSONAL CARE LLC (WILSON, NICHOLAS) |
Filing 74 Consent MOTION for Extension of Time to File Answer re #29 Answer to Complaint, Crossclaim by WALGREEN CO.. (Attachments: #1 Text of Proposed Order) (HELMS, H.) Modified on 4/3/2017 to remove duplicate text. (Sheets, Jamie) |
ORDER granting #71 Motion for Extension of Time to Answer for BORGWARNER MORSE TEC LLC. Answer due by 5/1/2017. Signed by John Brubaker, Clerk of Court, on 03/31/2017. (Brubaker, John) |
Motions Referred: RE: #59 MOTION for Extension of Time to File Answer re #1 Complaint , to MAG/JUDGE JOI ELIZABETH PEAKE (Williamson, Wanda) |
Filing 73 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant STANDARD MOTOR PRODUCTS INC. (PROFFITT, ROBERT) |
Filing 72 ANSWER to #1 Complaint with Jury Demand by STANDARD MOTOR PRODUCTS INC.. (PROFFITT, ROBERT) |
Filing 71 MOTION for Extension of Time to File Answer re #1 Complaint by BORGWARNER MORSE TEC LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(LEVY, DAVID) |
Filing 70 MEMORANDUM filed by Defendant HENNESSY INDUSTRIES INC. re #1 Complaint Memorandum in Support of Hennessy Industries' Motion to Dismiss filed by HENNESSY INDUSTRIES INC.. (HOLMES, JANICE) |
Filing 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by HENNESSY INDUSTRIES INC.. Response to Motion due by 4/20/2017 (HOLMES, JANICE) |
Filing 68 Corporate Disclosure Statement by HENNESSY INDUSTRIES INC.. (HOLMES, JANICE) |
Filing 67 ANSWER to #1 Complaint with Jury Demand by HENNESSY INDUSTRIES INC.. (HOLMES, JANICE) |
Filing 66 NOTICE of Appearance by attorney JANICE HOLMES on behalf of Defendant HENNESSY INDUSTRIES INC. (HOLMES, JANICE) |
Filing 65 Corporate Disclosure Statement by IMERYS TALC AMERICA INC.. (PECK, TIMOTHY) |
Filing 64 ANSWER to #1 Complaint with Jury Demand by IMERYS TALC AMERICA INC.. (PECK, TIMOTHY) |
Filing 63 Corporate Disclosure Statement by CYPRUS AMAX MINERALS CO.. (PECK, TIMOTHY) |
Filing 62 ANSWER to #1 Complaint with Jury Demand by CYPRUS AMAX MINERALS CO.. (PECK, TIMOTHY) |
Filing 61 Corporate Disclosure Statement by CONTINENTAL AUTOMOTIVE SYSTEMS INC.. (PECK, TIMOTHY) |
Filing 60 ANSWER to #1 Complaint with Jury Demand by CONTINENTAL AUTOMOTIVE SYSTEMS INC.. (PECK, TIMOTHY) |
Filing 59 MOTION for Extension of Time to File Answer re #1 Complaint by COLGATE-PALMOLIVE CO.. (Attachments: #1 Text of Proposed Order)(HAMMOND, JOSEPH) |
Filing 58 NOTICE of Appearance by attorney DAVID WALLACE HOOD on behalf of Defendant BRITISH AMERICAN TOBACCO PLC (HOOD, DAVID) |
Filing 57 Corporate Disclosure Statement by BMW OF NORTH AMERICA LLC. (CLEARY, PATRICK) |
Filing 56 NOTICE of Appearance by attorney ADDIE K.S. RIES on behalf of Defendant FORD MOTOR CO. (RIES, ADDIE) |
Filing 55 Defendant, BMW of North America, LLC's ANSWER to #1 Complaint with Jury Demand by BMW OF NORTH AMERICA LLC. (CLEARY, PATRICK) |
Filing 54 NOTICE of Appearance by attorney CHRISTOPHER R. KIGER on behalf of Defendant FORD MOTOR CO. (KIGER, CHRISTOPHER) |
Filing 53 Corporate Disclosure Statement by FORD MOTOR CO.. (Attachments: #1 Exhibit A - List of Entities)(WARNER, KIRK) |
Filing 52 ANSWER to #1 Complaint with Jury Demand by FORD MOTOR CO.. (WARNER, KIRK) |
Filing 51 ANSWER to Complaint with Jury Demand by BARNES MOTOR & PARTS CO. INC.. (MCGUIRE, MATTHEW) |
Filing 50 Corporate Disclosure Statement by BARNES MOTOR & PARTS CO. INC.. (MCGUIRE, MATTHEW) |
Filing 49 ANSWER to Complaint with Jury Demand by GENUINE PARTS CO.. (MCGUIRE, MATTHEW) |
Filing 48 Corporate Disclosure Statement by GENUINE PARTS CO.. (MCGUIRE, MATTHEW) |
Filing 47 NOTICE of Appearance by attorney HEATHER BELL ADAMS on behalf of Defendants BARNES MOTOR & PARTS CO. INC., GENUINE PARTS CO., NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC. (ADAMS, HEATHER) |
Filing 46 NOTICE of Appearance by attorney MATTHEW PATRICK MCGUIRE on behalf of Defendants BARNES MOTOR & PARTS CO. INC., GENUINE PARTS CO., NATIONAL AUTOMOTIVE PARTS ASSOCIATION INC. (MCGUIRE, MATTHEW) |
Filing 45 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant TILGHMAN'S GARAGE LLC (WILSON, GROVER) |
Filing 44 Consent MOTION for Extension of Time to File Answer by WALGREEN CO.. (Attachments: #1 Text of Proposed Order Ex. A Text of Proposed Order)(HELMS, H.) |
Filing 43 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant WALGREEN CO. (HELMS, H.) (Main Document 43 replaced on 3/29/2017) (Sheets, Jamie). |
Filing 42 NOTICE of Appearance by attorney H. BRENT HELMS on behalf of Defendant WALGREEN CO. (HELMS, H.) |
Filing 41 MOTION for Extension of Time to File Answer re #1 Complaint by TILGHMAN'S GARAGE LLC. (WILSON, GROVER) |
Filing 40 NOTICE of Appearance by attorney GROVER GRAY WILSON on behalf of Defendant TILGHMAN'S GARAGE LLC (WILSON, GROVER) |
Filing 39 Corporate Disclosure Statement by DAN WISE CHEVROLET INC.. (YNTEMA, BRADY) |
Filing 38 Consent MOTION for Extension of Time to File Answer re #1 Complaint by DAN WISE CHEVROLET INC.. (Attachments: #1 Text of Proposed Order (Proposed Order for Extension of Time))(YNTEMA, BRADY) |
Filing 37 NOTICE of Appearance by attorney BRADY ALLEN YNTEMA on behalf of Defendant DAN WISE CHEVROLET INC. (YNTEMA, BRADY) |
Filing 36 NOTICE of Appearance by attorney DAVID LEONARD BROWN on behalf of Defendant DAN WISE CHEVROLET INC. (BROWN, DAVID) |
Filing 35 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by GENE TAYLOR INC., PAUL BENTON MOTORS OF NORTH CAROLINA LLC. (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 34 NOTICE of Appearance by attorney AMY C. DRAYTON on behalf of Defendants GENE TAYLOR INC., PAUL BENTON MOTORS OF NORTH CAROLINA LLC (DRAYTON, AMY) |
Filing 33 Consent MOTION for Extension of Time to File Answer re #1 Complaint by TAMPBRANDS INC., THE GILLETTE CO., THE PROCTOR & GAMBLE CO.. (Attachments: #1 Text of Proposed Order (Proposed Order for Extension of Time))(HARRIS, DAVID) |
Filing 32 NOTICE of Appearance by attorney DAVID G. HARRIS, II on behalf of Defendants TAMPBRANDS INC., THE GILLETTE CO., THE PROCTOR & GAMBLE CO. (HARRIS, DAVID) |
ORDER granting #33 Motion for Extension of Time to Answer for TAMPBRANDS INC., THE GILLETTE CO., and the PROCTOR & GAMBLE CO. Answer due 5/1/17 for TAMPBRANDS INC. and THE PROCTOR & GAMBLE CO. Answer due 4/28/17 for THE GILLETTE CO. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/28/17. (Hellwig, Tammi) |
ORDER granting #35 Motion for Extension of Time to Answer for GENE TAYLOR INC. and PAUL BENTON MOTORS OF NORTH CAROLINA LLC. Answer due 4/26/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/28/17. (Hellwig, Tammi) |
ORDER granting #38 Motion for Extension of Time to Answer for DAN WISE CHEVROLET INC. Answer due by 4/18/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/28/17. (Hellwig, Tammi) |
ORDER granting #41 Motion for Extension of Time to Answer for TILGHMAN'S GARAGE LLC. Answer due by 4/17/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/28/17. (Hellwig, Tammi) |
ORDER granting #44 Motion for Extension of Time to Answer for WALGREEN CO. Answer due by 4/28/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/28/17. (Hellwig, Tammi) |
Filing 31 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant REVLON CONSUMER PRODUCTS CORP. (ABBOT, EDWARD) |
Filing 30 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant REVLON INC. (ABBOT, EDWARD) |
Filing 29 ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM by REVLON INC., REVLON CONSUMER PRODUCTS CORP. (ABBOT, EDWARD) |
Filing 28 NOTICE of Appearance by attorney EDWARD P. ABBOT on behalf of Defendants REVLON CONSUMER PRODUCTS CORP., REVLON INC. (ABBOT, EDWARD) |
Filing 27 NOTICE of Appearance by attorney TERESA LAZZARONI on behalf of Defendants REVLON CONSUMER PRODUCTS CORP., REVLON INC. (LAZZARONI, TERESA) |
Filing 26 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by FREMA MOTORS INC.. (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 25 NOTICE of Appearance by attorney AMY C. DRAYTON on behalf of Defendant FREMA MOTORS INC. (DRAYTON, AMY) |
Filing 24 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by DOUG HENRY CHEVROLET BUICK GMC INC., DOUG HENRY CHEVROLET INC.. (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
Filing 23 NOTICE of Appearance by attorney AMY C. DRAYTON on behalf of Defendants DOUG HENRY CHEVROLET BUICK GMC INC., DOUG HENRY CHEVROLET INC. (DRAYTON, AMY) |
Filing 22 MOTION for Extension of Time to File Answer re #1 Complaint by WHITE OWL PARTS CO INC.. (Attachments: #1 Text of Proposed Order)(MARSHALL, JOHN) |
Filing 21 MOTION for Extension of Time to File Answer re #1 Complaint by MASSEY MOTOR CO.. (Attachments: #1 Text of Proposed Order)(MARSHALL, JOHN) |
Filing 20 Corporate Disclosure Statement by WHITE OWL PARTS CO INC.. (MARSHALL, JOHN) |
Filing 19 Corporate Disclosure Statement by MASSEY MOTOR CO.. (MARSHALL, JOHN) |
Filing 18 NOTICE of Appearance by attorney JOHN P. MARSHALL on behalf of Defendants MASSEY MOTOR CO., WHITE OWL PARTS CO INC. (MARSHALL, JOHN) |
Filing 17 MOTION for Extension of Time to File Answer re #1 Complaint by SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., SALE FORD LLC. (Attachments: #1 Text of Proposed Order)(SULLIVAN, MATTHEW) |
Filing 16 MOTION for Extension of Time to File Answer re #1 Complaint by BRITAIN'S GARAGE LLC. (Attachments: #1 Text of Proposed Order Proposed order)(SULLIVAN, MATTHEW) |
Filing 15 Corporate Disclosure Statement by SALE AUTO MALL INC.. (SULLIVAN, MATTHEW) |
Filing 14 Corporate Disclosure Statement by SALE AUTOMOTIVE GROUP INC.. (SULLIVAN, MATTHEW) |
Filing 13 Corporate Disclosure Statement by SALE FORD LLC. (SULLIVAN, MATTHEW) |
Filing 12 Corporate Disclosure Statement by BRITAIN'S GARAGE LLC. (SULLIVAN, MATTHEW) |
Filing 11 NOTICE of Appearance by attorney MATTHEW S. SULLIVAN on behalf of Defendants BRITAIN'S GARAGE LLC, SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., SALE FORD LLC (SULLIVAN, MATTHEW) |
ORDER granting #16 Motion for Extension of Time to Answer for BRITAIN'S GARAGE LLC. Answer due by 4/29/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/24/17. (Hellwig, Tammi) |
ORDER granting #17 Motion for Extension of Time to Answer for SALE AUTO MALL INC., SALE AUTOMOTIVE GROUP INC., and SALE FORD LLC. Answer due by 4/28/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/24/17. (Hellwig, Tammi) |
ORDER granting #26 Motion for Extension of Time to for FREMA MOTORS INC. Answer due by 4/24/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/24/17. (Hellwig, Tammi) |
ORDER granting #24 Motion for Extension of Time to Answer for DOUG HENRY CHEVROLET BUICK GMC INC. and DOUG HENRY CHEVROLET INC. Answer due by 4/24/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/24/17. (Hellwig, Tammi) |
ORDER granting #21 Motion for Extension of Time to Answer for MASSEY MOTOR CO. Answer due by 4/26/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/24/17. (Hellwig, Tammi) |
ORDER granting #22 Motion for Extension of Time to Answer for WHITE OWL PARTS CO INC. Answer due by 4/27/2017. Signed by Tammi M. Hellwig on behalf of John Brubaker, Clerk of Court, on 3/24/17. (Hellwig, Tammi) |
Filing 10 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant HONEYWELL INTERNATIONAL INC. by HONEYWELL INTERNATIONAL INC..(DAVIS, HARRY) |
Filing 9 NOTICE of Appearance by attorney HARRY LEE DAVIS, JR on behalf of Defendant HONEYWELL INTERNATIONAL INC. (DAVIS, HARRY) |
Filing 8 NOTICE of Appearance by attorney W. DAVID CONNER on behalf of Defendant DANA COMPANIES LLC (CONNER, W.) |
Filing 7 NOTICE of Appearance by attorney SCOTT E. FRICK on behalf of Defendant DANA COMPANIES LLC (FRICK, SCOTT) |
Filing 6 NOTICE of Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendant DANA COMPANIES LLC (MCDONALD, MOFFATT) |
Filing 5 Corporate Disclosure Statement by DANA COMPANIES LLC identifying Corporate Parent DANA COMPANIES LLC for DANA COMPANIES LLC.. (MAJOR, CHRISTOPHER) |
Filing 4 ANSWER to #1 Complaint with Jury Demand by DANA COMPANIES LLC. (MAJOR, CHRISTOPHER) |
Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) |
Filing 2 Summons Issued as to All Defendants. (Coyne, Michelle) |
Case ASSIGNED to UNASSIGNED and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle) |
CASE REFERRED to Standing Order 30. (Coyne, Michelle) |
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2080353.), filed by JODY E RATCLIFF.(GRAHAM, WILLIAM) |
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