Jack et al v. Borg-Warner Morse Tec LLC et al
| Jack, Patrick Jack, Leslie Jack and David Jack |
| Asbestos Corporation Ltd, CBS Corporation, Honeywell International Inc, MeadWestvaco Corporation, Uniroyal Holding Inc, Viad Corporation, Dana Companies, LLC, Air & Liquid Systems Corporation, Armstrong International Inc, Aurora Pump Company, Autosales Incorporated doing business as Summit Racing Equipment, Borg-Warner Morse Tec LLC, Carrier Corporation, Viacom, Inc., Crane Co, Crosby Valve Inc, Crown Cork & Seal Company Inc, Flowserve US Inc, Ford Motor Company, Foster Wheeler Energy Corporation, Gardner-Denver Inc, General Electric Company, Genuine Parts Company doing business as Rayloc a/k/a Napa, Goulds Pumps Inc, Hennessy Industries Inc, Allied-Products Liability Signal Inc, IMO Industries Inc, Ingersoll Rand Company, John Crane Inc, Kelsey-Hayes Company, Westvaco, Metropolitan Life Insurance Company, The Nash Engineering Company, Parker Hannifin Corporation, Pneumo Abex LLC, Standard Motor Products Inc, Union Pacific Railroad Company, United States Rubber Company Inc, Velan Valve Corp, The Dail Corporation, Warren Pumps LLC, Weir Valves & Controls USA Inc, The William Powell Company and f |
| 2:2017cv00537 |
| April 6, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Kitsap |
| James L Robart |
| Brian A Tsuchida |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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Filing 851
MANDATE OF USCA (19-35563) as to #835 Notice of Appeal, filed by Leslie Jack, David Jack, #850 Memorandum/Opinion from USCA. The Judgment from USCA takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. AFFIRMED (CDA)
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Filing 850
MEMORANDUM FROM USCA (19-35563) (NOT THE MANDATE) as to #835 Notice of Appeal, filed by Leslie Jack, David Jack. AFFIRMED. (RE)
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Filing 849
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference held on 10/15/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 4/15/2020, (ND)
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Filing 848
TRANSCRIPT REQUEST (19-35563) by Plaintiffs David Jack, Leslie Jack for proceedings held on 10/15/2018, Requesting Attorney: Thomas J. Breen. (Breen, Thomas)
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Filing 847
ORDER granting in part and denying in part #834 DCo, LLC's Motion for Bill of Costs signed by Deputy in Charge Joe Whiteley.(JW)
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Filing 846
ORDER granting in part and denying in part #832 Ford Motor Company's Motion for Bill of Costs signed by Deputy in Charge Joe Whiteley.(JW)
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Filing 845
TRANSCRIPT REQUEST by Plaintiffs David Jack, Leslie Jack for proceedings held on 9/17/18-10/12/2018 re #809 Notice of Filing of Official Transcript,,, #813 Notice of Filing of Official Transcript,,, #814 Notice of Filing of Official Transcript,,, #807 Notice of Filing of Official Transcript,,, #810 Notice of Filing of Official Transcript,,, #811 Notice of Filing of Official Transcript,,, #808 Notice of Filing of Official Transcript,,, #806 Notice of Filing of Official Transcript,,, #713 Notice of Filing of Official Transcript,,, #812 Notice of Filing of Official Transcript,,,. Requesting Attorney: Thomas J. Breen. (Breen, Thomas)
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Filing 844
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motion Hearing held on 10/19/2017 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 10/24/2019, (DZ)
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Filing 843
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motion Hearing held on 10/18/2017 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 10/24/2019, (DZ)
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Appeal Fees received (19-35563): fee in the amount of $ 505.00 (receipt # SEA096756) re #835 Notice of Appeal, filed by Leslie Jack, David Jack (cc: USCA) (SG)
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Filing 842
TIME SCHEDULE ORDER ( #19-35563) as to #835 Notice of Appeal, filed by Leslie Jack, David Jack (CDA)
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Filing 841
DECLARATION of Daniel K. Reising filed by Defendant Ford Motor Company re #832 MOTION FOR BILL OF COSTS (Reising, Daniel)
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Filing 840
REPLY, filed by Defendant Ford Motor Company, TO RESPONSE to #832 MOTION FOR BILL OF COSTS (Reising, Daniel)
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Filing 839
REPLY, filed by Defendant Dana Companies, LLC, TO RESPONSE to #834 MOTION FOR BILL OF COSTS and To Tax Costs (Ricketts, Michael)
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Filing 838
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #832 MOTION FOR BILL OF COSTS (Attachments: #1 Exhibit A)(Breen, Thomas)
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Filing 837
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #832 MOTION FOR BILL OF COSTS . (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 836
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #834 MOTION FOR BILL OF COSTS and To Tax Costs. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 835
NOTICE OF APPEAL to Ninth Circuit (19-35563) re #830 Order on Motion for Judgment, #706 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, #831 Judgment by Court, #805 Judgment by Court, by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas) Modified on 7/16/2019 add CCA # (CDA).
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REFERRING #834 MOTION FOR BILL OF COSTS and To Tax Costs to: Deputy in Charge Joe Whiteley (SWT)
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Filing 834
MOTION FOR BILL OF COSTS and To Tax Costs, filed by Defendant Dana Companies, LLC. (Attachments: #1 Proposed Order, #2 Cost Bill, #3 Appendix) Noting Date 7/5/2019, (Ricketts, Michael)
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Filing 833
PROPOSED ORDER (Unsigned) re #832 MOTION FOR BILL OF COSTS (Reising, Daniel)
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REFERRING #832 MOTION FOR BILL OF COSTS to: Deputy in Charge Joe Whiteley (SWT)
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Filing 832
MOTION FOR BILL OF COSTS , filed by Defendant Ford Motor Company. Noting Date 7/5/2019, (Reising, Daniel)
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Filing 831
JUDGMENT BY COURT. The court enters judgment for DCo, LLC and Ford Motor Company on Plaintiffs Leslie Jack and David Jack's negligence claims. (See Order (Dkt. #830 ).) (SWT)
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***Civil Case Terminated. (See #831 Judgment by Court) (SWT)
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Filing 830
ORDER granting Defendant Dana Companies, LLC's #816 Motion for Judgment; granting Defendant Ford Motor Company's #817 Motion for Judgment. Signed by Judge James L. Robart. (SWT)
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Filing 829
ORDER denying Plaintiffs' #803 Motion for Entry of Final Judgment, signed by Judge James L. Robart. (SWT)
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Filing 828
REPLY, filed by Defendant Ford Motor Company, TO RESPONSE to #817 MOTION for Judgment As a Matter of Law (Reising, Daniel)
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Filing 827
DECLARATION of Mike Ricketts in Support filed by Defendant Dana Companies, LLC re #816 MOTION for Judgment as a Matter of Law (Ricketts, Michael)
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Filing 826
REPLY, filed by Defendant Dana Companies, LLC, TO RESPONSE to #816 MOTION for Judgment as a Matter of Law (Ricketts, Michael)
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Filing 825
DECLARATION of Thomas J. Breen filed by Plaintiffs David Jack, Leslie Jack re #817 MOTION for Judgment As a Matter of Law (Attachments: #1 Exhibit A-E)(Breen, Thomas)
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Filing 824
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #817 MOTION for Judgment As a Matter of Law. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 823
DECLARATION of Thomas J. Breen filed by Plaintiffs David Jack, Leslie Jack re #816 MOTION for Judgment as a Matter of Law (Attachments: #1 Exhibit 1-4)(Breen, Thomas)
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Filing 822
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #816 MOTION for Judgment as a Matter of Law. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 821
NOTICE that the following is RE-NOTED: #817 MOTION for Judgment As a Matter of Law. Filed by Defendant Ford Motor Company. Noting Date 12/7/2018, (Reising, Daniel)
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Filing 820
NOTICE that the following is RE-NOTED: #816 MOTION for Judgment as a Matter of Law. Filed by Defendant Dana Companies, LLC. Noting Date 12/7/2018, (Ricketts, Michael)
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Filing 819
RETURN OF EXHIBITS - all original exhibits admitted at trial returned to counsel pursuant to Local Rule 79(g). (AD)
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Filing 818
REPLY, filed by Plaintiffs David Jack, Leslie Jack, TO RESPONSE to #803 MOTION for Judgment UNDER FRCP 54(b) (Breen, Thomas)
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Filing 817
MOTION for Judgment As a Matter of Law, filed by Defendant Ford Motor Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 11/30/2018, (Reising, Daniel)
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Filing 816
MOTION for Judgment as a Matter of Law, filed by Defendant Dana Companies, LLC. (Attachments: #1 Proposed Order) Noting Date 11/30/2018, (Ricketts, Michael)
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Filing 815
RESPONSE, by Defendant Ford Motor Company, to #803 MOTION for Judgment UNDER FRCP 54(b). Oral Argument Requested. (Reising, Daniel)
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Filing 814
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Questions from jury and jury verdict, held on 10/12/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 813
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 8 held on 10/11/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 812
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 7 held on 10/10/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 811
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 6 held on 10/9/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 810
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 5 held on 10/5/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 809
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 4 held on 10/4/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 808
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 3 held on 10/3/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 807
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 2 held on 10/2/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 806
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 1 held on 10/1/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/28/2019, (DZ)
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Filing 805
JUDGMENT BY JURY: Based on the jury's responses on the jury verdict form (Dkt. #791 ), the court enters judgment for Defendants DCo, LLC and Ford Motor Company and against Plaintiffs Leslie Jack and David Jack on Plaintiffs' product liability design defect claims and product liability failure-to-warn claims. (PM)
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Filing 804
MINUTE ORDER re: #791 Jury Verdict. The jury reached a verdict on Plaintiffs Leslie Jack and David Jack's product liability design defect claims and product liability failure-to-warn claims, but did not reach a verdict on Plaintiffs' negligence claims. The court therefore declares a MISTRIAL on Plaintiffs' negligence claims. Authorized by Judge James L. Robart. (PM)
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Filing 803
MOTION for Judgment UNDER FRCP 54(b), filed by Plaintiffs David Jack, Leslie Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 11/9/2018, (Breen, Thomas)
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Filing 802
STIPULATION AND ORDER for dismissal of defendant Honeywell International Inc. re parties' #801 Stipulation, by Judge James L. Robart. (SWT)(Honeywell International Inc, Honeywell International Inc terminated.)
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Filing 801
PROPOSED ORDER (Unsigned) Stipulation and [Proposed] Order for Dismissal of Defendant Honeywell International Inc. (Kruger, Kristine)
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Filing 800
NOTICE of Settlement by Defendant Borg-Warner Morse Tec LLC (Ross, Richard)
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Filing 799
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams; Def Counsel: Ford: Daniel Reising; DCo: Thomas Radcliffe; CR: Nickie Drury; Telephone Conference held on 10/15/2018. The court and counsel discuss post-trial issues. The court reserves entering judgment until 10/24/2018, to allow any party to challenge the verdict as it sees fit. Once judgment is entered, the court will set a new trial date on the negligence claim. (AD)
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Filing 798
ORDER RE: JUROR LUNCHES by Judge James L. Robart. (AD) cc: jury coordinator
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Set Hearings: Telephone Conference set for 10/15/2018 at 2:00 PM before Judge James L. Robart. (AD)
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Filing 797
COURT'S TRIAL EXHIBIT LIST (AD)
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Filing 796
COURT'S TRIAL WITNESS LIST (AD)
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Filing 795
Jury Notes #794 (Jury foreperson name redacted) (AD)
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Filing 794
UNREDACTED SEALED Jury Notes (Jury foreperson name unredacted) (AD)
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Filing 793
Jury Notes #792 (Jury foreperson name redacted) (AD)
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Filing 792
UNREDCTED SEALED Jury Notes (Jury foreperson name unredacted) (AD)
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Filing 791
JURY VERDICT #790 (Jury foreperson name redacted) (AD)
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Filing 790
UNREDACTED SEALED JURY VERDICT (Jury foreperson name unredacted) (AD)
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Filing 789
MINUTE ENTRY for proceedings held before Judge Ricardo S. Martinez for Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 9 completed on 10/12/2018. At 8:35 a.m., the jury returns and resumes deliberations. The jury submits a written question at 11:36 a.m. After conferring with counsel, the court responds in writing at 12:35 p.m. The jury submits another written question at 2:50 p.m. After conferring with counsel, the court responds in writing at 3:23 p.m. At 3:38 p.m., the jury returns with a verdict as set forth in the verdict form. The jury is polled and is unanimous. The jury is thanked and excused. (AD)
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Filing 788
Jury Question and the Court's Response #787 (Juror name redacted) (AD)
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Filing 787
UNREDACTED SEALED Jury Question and the Court's Response (Juror name unredacted) (AD)
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Filing 786
FINAL JURY INSTRUCTIONS (AD)
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Filing 785
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 8 held on 10/11/2018. Jury trial resumes. Defendant DCo's witness: Dr. Mary Finn. Admitted exhibits: 25 (pages 34 and 36 only), 275 (pages 118, 126, 127, 128, 129, 134, 135, 137, 139). Defendant DCo rests. The court instructs the jury. Counsel present closing arguments. At 12:10 p.m., the jury commences deliberations. After inspection by counsel, all admitted exhibits are provided to the jury. The jury submits a written question at 4:17 p.m. After conferring with counsel, the court responds in writing at 4:55 p.m.; the response will be provided to the jury when they resume deliberations tomorrow. Jury deliberations to resume on Friday, October 12, 2018 at 8:30 AM before Judge James L. Robart. (AD)
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Filing 784
PRAECIPE re #766 Declaration (non motion) Declaration of Lucas Garrett by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit)(Garrett, Lucas)
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Filing 783
Exhibit List Second Amended by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 782
MOTION for Judgment as a Matter of Law, filed by Defendant Dana Companies, LLC. Noting Date 10/11/2018, (Ricketts, Michael)
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NOTICE REGARDING LACK OF PROPER SIGNATURE. The #766 Declaration (non motion) was improperly signed by Lucas Garrett. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (TH)
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Filing 781
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 7 held on 10/10/2018. Jury trial resumes. Plaintiffs play MAS work practices video. Plaintiff rests. Defendant DCo's witnesses: Dr. David Weill. Defendant Ford's witnesses: Dr. Pamela Williams, Dr. Suresh Moolgavkar. The testimony of Patrick Jack (via deposition) and Marcy Duncan (via live testimony) resumes. Defendant Ford Motor Company rests. Counsel for the parties take formal exceptions to the jury instructions. Defendants Ford Motor Company and DCo each make oral motions for judgment as a matter of law; the court takes the motions under advisement. Admitted exhibits: 1, 2, 5, 6, 7, 8, 9, 11, 13, 15, 16, 70, 83, 94 (page 1 only), 100 (pages 6, 7, 8, 9, 10, 11, 25, 26, 29, 30, 33, 37, 43 only), 101, 112, 114, 115, 124, 264, 307, A-213, A-229, A-231, A-239, A-361, A-401. Refused exhibits: 40, 41, 47, 69, 125 (page 5 only). (AD)
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Filing 780
Proposed Jury Instructions by Defendant Dana Companies, LLC Revised Proposed Limiting Instruction re: Certain Deposition Testimony (Ricketts, Michael)
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Filing 779
Proposed Jury Verdict Form by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 778
Proposed Jury Instructions by Defendant Dana Companies, LLC Supplemental (Ricketts, Michael)
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Filing 777
Exhibit List Amended by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 776
Proposed Special Jury Verdict Form by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 775
Exhibit List Third Amended by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 774
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 6 held on 10/9/2018. Jury trial resumes. The court takes up an issue regarding Dr. Brodkin's report. Plaintiffs and Defendant Borg-Warner inform the court of their settlement. Plaintiffs' witnesses: Richard Anderson (via video deposition), Dr. Carl Brodkin, Gregory Bellopatrick (by deposition), Leslie Jack. The testimony of Patrick Jack (via video deposition) resumes. Admitted exhibits: 10 (pages 1 through 7 only), 37 (redacted version), A-258 (impeachment only), A-260 (impeachment only), A-264, A-400 (impeachment only). Refused exhibits: 63. Jury trial to resume on Wednesday, October 10, 2018, at 9:00 AM before Judge James L. Robart. (AD)
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Filing 773
MEMORANDUM REGARDING DRAFT FINAL JURY INSTRUCTIONS by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5)(Rutzick, William)
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Filing 772
Exhibit List DCo's Second Amended Exhibit List by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 771
RESPONSE by Defendant Dana Companies, LLC Proposed Limiting Instruction re: Certain Deposition Testimony (Ricketts, Michael)
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Filing 769
Exhibit List First Amended by Defendant Ford Motor Company. (Reising, Daniel)
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Filing 770
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 5 held on 10/5/2018. The court takes up an issue regarding trial time and using Plaintiffs' complaint during testimony. The court rules as stated on the record re: 30(b)(6) depositions with respect to the testimony of Gregory Bellopatrick, Matthew Fyie, Richard Anderson, and Marcella ("Marcy") Duncan. The court and counsel discuss procedure re: jury instructions and trial exhibits. Jury trial resumes. Plaintiffs' witnesses: David Jack, Marcy Duncan (via video deposition). The testimony of Patrick Jack (via video deposition) resumes. Admitted exhibits: 25 (pages 33, 35, 37, and 38 only), 275 (pages 43, 45, 113, 133, and 138 only), 290, 291, A-570, A-571. Refused exhibits: A-562, A-578. Jury trial to resume on Tuesday, October 9, 2018, at 9:00 AM before Judge James L. Robart. (AD) Modified on 10/9/2018 to reflect Ms. Duncan's testimony was by video deposition) (AD).
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Filing 768
DECLARATION Mindy Schaberg re #765 Memorandum by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit 3)(Garrett, Lucas)
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Filing 767
DECLARATION Mindy Schaberg re #765 Memorandum by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit 1-2)(Garrett, Lucas)
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Filing 766
DECLARATION Lucas Garrett re #765 Memorandum by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit 1-4)(Garrett, Lucas)
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Filing 765
MEMORANDUM Relating to Admissibility of Ford Documents by Plaintiffs David Jack, Leslie Jack (Garrett, Lucas)
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Filing 764
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 4 held on 10/4/2018. Jury trial resumes. The testimony of Matthew Fyie (via video deposition) resumes. The court takes up matters re: admissibility of certain depositions and exhibits, and takes the matters under advisement. Plaintiffs' witnesses: Patrick Jack (via video deposition), Kathleen Blankenbaker. The court takes up an issue re: witness scheduling. Admitted exhibits: none. Jury trial to resume on Friday, October 5, 2018 at 9:00 AM before Judge James L. Robart. (AD)
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Filing 763
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 3 held on 10/3/2018. The court takes up an issue re: scope of Dr. Churg's testimony. Jury trial resumes. Defendant Ford Motor Company's witness: Dr. Andrew Churg. Plaintiffs' witnesses: Sean Fitzgerald, Dr. Ronald Gordon. The court takes up another issue re: the deposition of Richard Anderson. For the reasons stated on the record, the court excludes the "Don't Blow It" video; parties directed to confer and draft a stipulation re: asbestos being a known health risk. The testimony of Matthew Fyie (via video deposition) resumes. Admitted exhibits: none. Jury trial to resume on Thursday, October 4, 2018 at 9:00 AM before Judge James L. Robart. (AD)
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Filing 762
DECLARATION of Lucas Garrett re #761 Response Trial Brief by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Garrett, Lucas) Modified on 10/4/2018 (PM).
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Filing 761
RESPONSE TRIAL BRIEF to Ford's Objection #759 to the Introduction of Honeywell Corporate Representation Deposition re Gregory Bellopatrick Deposition by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas) Modified on 10/4/2018 to expand on document title as reflected on pleading (PM).
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Filing 760
JOINDER IN Ford Motor's Memorandum #759 (TRIAL BRIEF) re: the Admissibility of Excerpts of Testimony of Gregory Bellopatrick and Supplemental Briefing RE HONEYWELL TESTIMONY by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard) Modified on 10/4/2018 to expand title of document as reflected on the pleading (PM).
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Filing 759
TRIAL BRIEF re Gregory Bellopatrick Deposition joint filed by BorgWarner Morse Tec and Ford Motor Company by Defendant Ford Motor Company. (Reising, Daniel)
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Filing 758
RESPONSIVE BRIEF in Opposition to Plaintiffs' Use of Fed. R. Civ. P. 30(b)(6) Depositions Against Remaining Defendants re 757 Jury Trial - Held,,, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 757
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 2 held on 10/2/2018. The court takes up an issue regarding the deposition of Gregory Bellopatrick. Defendants Ford Motor Company and Borg-Warner Morse Tec LLC present opening statements. Plaintiffs' witnesses: Dr. Arnold Brody, Matthew Fyie (via video deposition). Admitted exhibits: A-363 (for impeachment only). Jury trial to resume on Wednesday, October 3, 2018 at 9:00 AM before Judge James L. Robart. (AD)
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Filing 756
UNREDACTED SEALED Jury Peremptory Challenges (Juror names unredacted) (AD)
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Filing 755
Jury Peremptory Challenges (Juror names redacted) (AD)
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Filing 754
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts, Thomas Radcliffe; CR: Debbie Zurn, Nickie Drury; JURY TRIAL - DAY 1 begun on 10/1/2018. The court takes up issues regarding the depositions of Patrick Jack, Matthew Fyie, Gregory Bellopatrick, Richard Anderson, Marcy Duncan. As stated on the record, the court rules on the motions contained within parties' trial briefs (Dkt. # #721 , #723 , #726 , #732 ). The court takes up Defendants' objections to Plaintiffs' opening statement powerpoint presentation. Voir dire commences. The court preliminarily instructs the jury. The jury is sworn and impaneled. Plaintiffs and Defendant DCo present opening statements. Jury trial to resume on Tuesday, October 2, 2018 at 9:00 AM before Judge James L. Robart. (AD)
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Filing 753
ORDER denying Plaintiffs' #714 Motion for reconsideration and stay of its order granting summary judgment to Union Pacific. Signed by Judge James L. Robart. (PM)
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Filing 752
Proposed Jury Instructions by Plaintiffs David Jack, Leslie Jack Proposed Amended Jury Instruction No. 39 and Verdict Form (Breen, Thomas)
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Filing 751
DECLARATION OF THOMAS J. BREEN IN SUPPORT OF PLAINTIFFS' RESPONSE re #750 Response (non motion), #747 Letter by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit A - C)(Breen, Thomas)
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Filing 750
RESPONSE by Plaintiffs David Jack, Leslie Jack re #747 Letter (Breen, Thomas)
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Filing 749
NOTICE of Objections to Plaintiffs' Designations of the Corporate Representative Testimony of BWMT and Non-Party Honeywell (and Joinder in Ford Motor Company's Objections) ; filed by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard)
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Filing 748
NOTICE of Objection to Introduction of Honeywell and Borg-Warner Corporate Representative Depositions; filed by Defendant Ford Motor Company. (Reising, Daniel) Modified on 10/1/2018 to add full name of document (PM).
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Filing 747
LETTER from Mark J. Fucile for Defendant Ford Motor Company re Deposition Designations filed by Ford Motor Company (Fucile, Mark)
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Filing 746
RESPONSE by Plaintiffs David Jack, Leslie Jack re Court's Preliminary Proposed Jury Instructions (Attachments: #1 Exhibit)(Breen, Thomas)
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Filing 745
Exhibit List Defendant BorgWarner's First Amended Trial Exhibit List by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard)
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Filing 744
DECLARATION of Ryan T. Moore filed by Defendant Union Pacific Railroad Company re #714 MOTION for Reconsideration re #706 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, (Wackerbarth, Tim)
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Filing 743
RESPONSE, by Defendant Union Pacific Railroad Company, to #714 MOTION for Reconsideration re #706 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, . (Wackerbarth, Tim)
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Filing 742
LETTER from Michael E. Ricketts re Deposition Designations filed by Dana Companies, LLC (Ricketts, Michael)
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Filing 741
Exhibit List by Defendant Ford Motor Company. (Reising, Daniel)
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Filing 740
Exhibit List by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 739
STATEMENT (Partial Agreed Neutral Statement of the Case) by Plaintiffs David Jack, Leslie Jack (Breen, Thomas)
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Filing 738
PRAECIPE re #701 Praecipe-Other Pretrial Order by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit Joint Pretrial Order)(Breen, Thomas)
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Filing 737
PRAECIPE re #723 Trial Brief by Defendant Dana Companies, LLC (Attachments: #1 Exhibit Corrected Trial Brief)(Ricketts, Michael)
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Filing 736
AMENDED MINUTE ORDER authorizing food and liquids to be brought into the courthouse during trial, entered upon the authority of Judge James L. Robart. (cc: Courthouse Security Officers) (AD)
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Filing 735
Proposed Special Jury Verdict Form by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 734
Proposed Jury Instructions by Plaintiffs David Jack, Leslie Jack (Undisputed) (Breen, Thomas)
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Filing 733
Proposed Jury Instructions by Plaintiffs David Jack, Leslie Jack (Disputed) (Breen, Thomas)
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Filing 732
TRIAL BRIEF by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard)
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Filing 731
Proposed Jury Instructions by Defendant Borg-Warner Morse Tec LLC (Madderra, Michael)
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Filing 730
Proposed Jury Verdict Form by Defendant Borg-Warner Morse Tec LLC. (Madderra, Michael)
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Filing 729
Proposed Jury Verdict Form by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 728
DECLARATION Benjamin H. Adams re #726 Trial Brief by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit A)(Breen, Thomas)
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Filing 727
Proposed Voir Dire by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 726
TRIAL BRIEF by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 725
Proposed Voir Dire by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 724
Proposed Jury Verdict Form by Defendant Ford Motor Company. (Reising, Daniel)
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Filing 723
TRIAL BRIEF by Defendant Dana Companies, LLC. (Kero, Diane)
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Filing 722
MINUTE ORDER authorizing food and liquids to be brought into the courthouse during trial, entered upon the authority of Judge James L. Robart. (cc: Courthouse Security Officers) (AD)
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Filing 721
TRIAL BRIEF by Defendant Ford Motor Company. (Reising, Daniel)
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Filing 720
ORDER directing Defendant Union Pacific Railroad to respond to Plaintiffs' #714 MOTION for Reconsideration no later than September 27, 2018. Clerk directed to re-note Plaintiff's #714 Motion for Reconsideration to September 27, 2018. Signed by Judge James L. Robart. (PM)
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Filing 719
TRIAL BRIEF Re Application of the Washington Products Liability Act by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard)
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Filing 718
TRIAL BRIEF Regarding Applicability of the WPLA by Defendant Dana Companies, LLC. (Kero, Diane)
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Filing 717
DECLARATION of Benjamin H. Adams re #716 Trial Brief by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit 1-4)(Breen, Thomas)
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Filing 716
TRIAL BRIEF Regarding Application of Pre-WPLA Law by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 715
DECLARATION of Thomas J. Breen filed by Plaintiffs David Jack, Leslie Jack re #714 MOTION for Reconsideration re #706 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit A-O)(Breen, Thomas)
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Filing 714
MOTION for Reconsideration re #706 Order on Motion for Partial Summary Judgment and MOTION for Stay filed by Plaintiffs David Jack, Leslie Jack. (Attachments: #1 Proposed Order) Noting Date 9/21/2018, (Breen, Thomas) Modified on 9/24/2018 to indicate this is also a motion for stay (PM).
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Filing 713
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the pretrial conference held on 9/17/2018 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 12/20/2018, (NB)
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Filing 712
ORDER granting Plaintiffs' #703 Motion for Modification of Exhibit Limitation, Equal Application Thereto, and Offer of Proof. Signed by Judge James L. Robart. (PM)
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Filing 711
ORDER CLARIFYING ORDER ON SUMMARY JUDGMENT MOTIONS re: #706 Order. Paintiffs fail to establish a reasonable connection between Mr. Jack's injury and Borg-Warner's asbestos-containing brakes. Borg-Warner is thus entitled to summary judgment on the issue of Mr. Jack's alleged exposure to asbestos-containing Borg-Warner brakes. The court further notes that its ruling on Borg-Warner's second motion in limine, which concerned the exclusion of evidence of Borg-Warner products not linked to Mr. Jack's asbestos exposure, remains unchanged. Signed by Judge James L. Robart. (PM)
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Filing 710
RESPONSE, by Defendant Dana Companies, LLC, to #703 MOTION for Modification of Exhibit Limitation, Equal Application of Any Such Limitation, and Offer of Proof Relating to This Court's August 21, 2018 Minute Order . (Ricketts, Michael)
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Filing 709
MINUTE ENTRY regarding trial briefs: The section of the parties' trial briefs regarding the WPLA is due Friday, 9/21/18. Parties to submit the rest of the trial briefs on Tuesday, 9/25/18. (AD)
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Filing 708
STIPULATION AND ORDER dismissing without prejudice Plaintiffs' action against defendant Viad Corp., without costs to be awarded; re parties' #702 Stipulation. In the event settlement is not perfected, either party may move to reopen the case, provided such motion is filed within 60 days of the date of this Order. Signed by Judge James L. Robart. (SWT)(Viad Corporation terminated.)
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Filing 707
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Thomas Breen, Ben Adams; Def Counsel: Ford: Mark Fucile, Harry Johnson, Daniel Reising; Borg-Warner: Richard Ross, Gary Elliston, Michael Madderra; DCo: Mahsa Tippins, Michael Ricketts; CR: Nancy Bauer; Pretrial Conference held on 9/17/2018. Jury trial to commence on Monday, 10/1/18, at 9:00 a.m. The court and counsel discuss length of trial, trial schedule, jury selection, exhibits, and general trial procedure. An 8- to 9-person jury will be selected. Trial briefs to be submitted by Friday, 9/21/18. Parties to exchange exhibits to be used during opening statements by close of business on Thursday, 9/27/18. Deposition designations to be submitted to the court three (3) days before presenting deposition testimony. Witness(es) must be disclosed by 4:30 p.m. the day before witness is scheduled to testify. For the reasons stated on the record, the court GRANTS in part, DENIES in part, and DEFERS ruling on in part, the parties' motions in limine (Dkt. # #657 , #659 , #660 , #663 , #664 ). At the direction of chambers, former Defendant Viad Corporation's motion to bifurcate trial (Dkt. #656 ) is terminated as moot in light of notification of settlement (Dkt. #702 ). (AD)
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Filing 706
ORDER granting in part and denying in part Defendant Ford's motion for partial summary judgment (Dkt. #449 ), granting Defendant Union Pacific's motion for summary judgment (Dkt. #476 ), and granting in part and denying in part Defendant Borg-Warner's motion for summary judgment (Dkt. #518 ). The court further GRANTS in part and DENIES in part Plaintiffs' motions for partial summary judgment on the affirmative defenses asserted by DCo (Dkt. #503 ), Ford (Dkt. #505 ), and Borg-Warner (Dkt. #507 ). Finally, the court DENIES as moot Plaintiffs' motion for partial summary judgment on the affirmative defenses asserted by Union Pacific (Dkt. #509 ). Signed by Judge James L. Robart. (PM)
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Filing 705
RESPONSE, by Defendant Ford Motor Company, to #703 MOTION for Modification of Exhibit Limitation, Equal Application of Any Such Limitation, and Offer of Proof Relating to This Court's August 21, 2018 Minute Order . (Fucile, Mark)
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Filing 704
DECLARATION of Thomas J. Breen filed by Plaintiffs David Jack, Leslie Jack re #703 MOTION for Modification of Exhibit Limitation, Equal Application of Any Such Limitation, and Offer of Proof Relating to This Court's August 21, 2018 Minute Order (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 1C, #4 Exhibit 1D, #5 Exhibit 1E, #6 Exhibit 1F, #7 Exhibit 1G, #8 Exhibit 1H, #9 Exhibit 1I, #10 Exhibit 1J, #11 Exhibit 1K, #12 Exhibit 1L, #13 Exhibit 1M, #14 Exhibit 1N, #15 Exhibit 1O, #16 Exhibit 1P, #17 Exhibit 2)(Breen, Thomas)
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Filing 703
MOTION for Modification of Exhibit Limitation, Equal Application of Any Such Limitation, and Offer of Proof Relating to This Court's August 21, 2018 Minute Order , filed by Plaintiffs David Jack, Leslie Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/21/2018, (Breen, Thomas)
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Filing 702
STIPULATION AND PROPOSED ORDER Dismissing Defendant Viad Corp by parties (Gardner, Ronald)
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MINUTE ENTRY at the direction of chambers - Motions terminated as moot in light of notifications of settlement (Dkt. # #698 , #702 ): Defendant Honeywell International, Inc.'s motion for partial summary judgment (Dkt. #481 ); Defendant Viad Corporation's motion for summary judgment (Dkt. #458 ); Plaintiffs' motion for partial summary judgment as to Defendant Honeywell International, Inc. (Dkt. #501 ); Plaintiffs' motion for partial summary judgment as to Defendant Viad Corporation (Dkt. #499 ). (AD)
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Filing 701
PRAECIPE re #699 Proposed Pretrial Order by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Exhibit Joint Pretrial Order)(Breen, Thomas)
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Filing 700
MINUTE ENTRY regarding pretrial conference on 9/17/2018: The parties should come to the pretrial conference prepared to discuss whether the Washington Products Liability Act applies to Plaintiffs' claims. (AD)
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Filing 699
Proposed Pretrial Order by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 698
NOTICE of Settlement as to Defendant Honeywell International Inc. by Defendant Honeywell International Inc (Kruger, Kristine)
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Filing 697
NOTICE from Mediator Paris K. Kallas, that on September 7, 2018, the parties participated in a mediation. (Kallas, Paris)
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***Motions terminated: Defendant Union Pacific Railroad Company's #666 MOTION for Joinder in Motions In Limine; Defendant Viad Corporation's #678 MOTION for Joinder ; Defendant Union Pacific Railroad Company's #694 MOTION for Joinder in Ford's Opposition to Plaintiffs' #660 MOTIONS IN LIMINE. Per the direction of chambers and per the Court's instructions from the July 25, 2018 proceedings, parties are to file a Notice of Joinder into Motion when joining a Motion. The docket texts of #666 , #678 , and #694 have been edited to reflect this change. (PM)
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Filing 696
ORDER re #695 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Harry S Johnson for Defendant Ford Motor Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 695
APPLICATION OF ATTORNEY Harry S. Johnson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Ford Motor Company (Fee Paid) Receipt No. 0981-5461325 (Fucile, Mark) Sponsoring attorney maintains an office in the geographical boundaries of Western District of Washington, address listed on PHV Application(DS).
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Filing 694
MOTION for JOINDER in Ford's Opposition to Plaintiffs' #660 MOTIONS IN LIMINE , filed by Defendant Union Pacific Railroad Company. Noting Date 9/7/2018, (Wackerbarth, Tim) Modified on 9/10/2018 to retitle document as a Joinder, per direction of chambers (PM).
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Filing 693
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #663 MOTIONS IN LIMINE (Attachments: #1 Exhibit A-J)(Breen, Thomas)
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Filing 692
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #663 MOTIONS IN LIMINE . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 691
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #656 MOTION to Bifurcate Trial and Limit Evidence in Phase 1. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 690
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #660 MOTIONS IN LIMINE (Attachments: #1 Exhibit A-Q)(Breen, Thomas)
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Filing 689
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #660 MOTIONS IN LIMINE . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 688
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #657 MOTIONS IN LIMINE (Attachments: #1 Exhibit 1-14)(Breen, Thomas)
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Filing 687
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #657 MOTIONS IN LIMINE . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 686
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #659 MOTIONS IN LIMINE (Attachments: #1 Exhibit 1-5)(Breen, Thomas)
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Filing 685
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #659 MOTIONS IN LIMINE . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 684
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #664 MOTIONS IN LIMINE (Attachments: #1 Exhibit 1-7)(Gaston, Mary)
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Filing 683
RESPONSE, by Defendants Borg-Warner Morse Tec LLC, Honeywell International Inc, Viad Corporation, to #664 MOTIONS IN LIMINE . (Gaston, Mary)
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Filing 682
DECLARATION of Daniel K. Reising filed by Defendant Ford Motor Company re #664 MOTIONS IN LIMINE (Reising, Daniel)
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Filing 681
RESPONSE, by Defendant Ford Motor Company, to #664 MOTIONS IN LIMINE . Oral Argument Requested. (Reising, Daniel)
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Filing 680
DECLARATION of Diane J. Kero filed by Defendant Dana Companies, LLC re #664 MOTIONS IN LIMINE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, Part 1, #6 Exhibit 5, Part 2, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Kero, Diane)
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Filing 679
RESPONSE, by Defendant Dana Companies, LLC, to #664 MOTIONS IN LIMINE . Oral Argument Requested. (Kero, Diane)
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Filing 678
MOTION for JOINDER in Ford's Opposition to Plaintiff's #660 MOTIONS IN LIMINE , filed by Defendant Viad Corporation. Noting Date 9/7/2018, (Gardner, Ronald) Modified on 9/10/2018 to retitle document as a Joinder, per direction of chambers (PM).
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Filing 677
STIPULATION AND ORDER modifying the settlement conference deadline from 8/16/2018 to 9/7/2018. Signed by Judge James L. Robart. (PM)
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Filing 676
STIPULATION AND PROPOSED ORDER to Modify Settlement Conference Deadline by parties re 655 Telephone Conference,,,, (Breen, Thomas)
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Filing 675
ORDER re #673 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mahsa Kashani Tippins for Defendant Dana Companies, LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 674
NOTICE of Joinder JOINING #657 MOTIONS IN LIMINE , #660 MOTIONS IN LIMINE , #663 MOTIONS IN LIMINE , by Defendant Dana Companies, LLC. (Kero, Diane)
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Filing 673
APPLICATION OF ATTORNEY Mahsa Kashani Tippins FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Dana Companies, LLC (Fee Paid) Receipt No. 0981-5451381 (Kero, Diane)
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Filing 672
ORDER re #671 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gary D Elliston for Defendant Borg-Warner Morse Tec LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 671
APPLICATION OF ATTORNEY Gary D. Elliston FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Borg-Warner Morse Tec LLC (Fee Paid) Receipt No. 0981-5450284 (Ross, Richard)
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Filing 670
NOTICE of Joinder JOINING #657 MOTIONS IN LIMINE , #659 MOTIONS IN LIMINE , #663 MOTIONS IN LIMINE , by Defendant Ford Motor Company. (Fucile, Mark)
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Filing 669
STIPULATION AND ORDER excusing attorney R. Thomas Radcliff from attendance at the September 17, 2018 Pretrial Conference. Signed by Judge James L. Robart. (PM)
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Filing 668
STIPULATION AND PROPOSED ORDER Excusing R. Tom Radcliffe from Attendance at the September 17, 2018 Pretrial Conference by parties (Kero, Diane)
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Filing 667
NOTICE of Joinder JOINING #659 MOTIONS IN LIMINE , #660 MOTIONS IN LIMINE , #663 MOTIONS IN LIMINE , by Defendant Honeywell International Inc. (Kruger, Kristine)
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Filing 666
MOTION for JOINDER DEFENDANT UNION PACIFIC RAILROAD COMPANY'S JOINDER IN MOTIONS IN LIMINE FILED ON BEHALF OF OTHER DEFENDANTS IN THIS ACTION #659 MOTIONS IN LIMINE , #660 MOTIONS IN LIMINE , #663 MOTIONS IN LIMINE , filed by Defendant Union Pacific Railroad Company. Oral Argument Requested. Noting Date 9/7/2018, (Zeringer, Brian) Modified on 9/10/2018 to retitle as a Joinder, per direction of chambers (PM).
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Filing 665
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #664 MOTIONS IN LIMINE (Attachments: #1 Exhibit A-V, #2 Exhibit W-Y)(Breen, Thomas)
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Filing 664
MOTIONS IN LIMINE , filed by Plaintiffs David Jack, Leslie Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/7/2018, (Breen, Thomas)
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Filing 663
MOTIONS IN LIMINE , filed by Defendant Borg-Warner Morse Tec LLC. Oral Argument Requested. (Attachments: #1 Declaration of Richard D. Ross in Support of Motions in LImine, #2 Proposed Order Granting BW's Motions in LImine) Noting Date 9/7/2018, (Ross, Richard)
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Filing 662
DECLARATION of Daniel K. Reising filed by Defendant Ford Motor Company re #660 MOTIONS IN LIMINE (Reising, Daniel)
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Filing 661
DECLARATION of Diane J. Kero filed by Defendant Dana Companies, LLC re #659 MOTIONS IN LIMINE (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-1, #13 Exhibit L-2, #14 Exhibit L-3, #15 Exhibit L-4, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O)(Kero, Diane)
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Filing 660
MOTIONS IN LIMINE , filed by Defendant Ford Motor Company. Oral Argument Requested. Noting Date 9/7/2018, (Reising, Daniel)
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Filing 659
MOTIONS IN LIMINE , filed by Defendant Dana Companies, LLC. Noting Date 9/7/2018, (Kero, Diane)
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Filing 658
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #657 MOTIONS IN LIMINE (Attachments: #1 Exhibit 1-29)(Kruger, Kristine)
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Filing 657
MOTIONS IN LIMINE , filed by Defendant Honeywell International Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/7/2018, (Kruger, Kristine)
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Filing 656
MOTION to Bifurcate Trial and Limit Evidence in Phase 1, filed by Defendant Viad Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/7/2018, (Gardner, Ronald)
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Defendant Ingersoll Rand Company terminated per Defendant's Notice of Settlement and Striking Motion for Summary Judgment (Dkt. #646 ). (AD)
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Filing 655
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Thomas Breen, Benjamin Adams; Def Counsel: Borg-Warner: Richard Ross; DCo: Diane Kero; Ford: Daniel Reising; Viad: Ronald Gardner; Honeywell: Mary Gaston; Union Pacific: Ryan Moore; CR: Nickie Drury; Telephone Conference held on 8/20/2018. The court hears from counsel re: the parties' letters of issues (Dkt. # #649 , #650 , #651 , #652 , #653 , #654 ). As stated on the record, the court rules as follows: Defendants have until 8/28/18 to serve the pretrial statement on Plaintiffs. The pretrial order remains due 9/10/18. Plaintiffs may designate no more than 200 trial exhibits. Regarding the availability of expert witnesses, Dr. Brodkin may testify on 10/9/18, and Dr. Churg may testify on 10/3/18. Regarding the settlement conference, the parties may file a stipulation and proposed order requesting to proceed before Judge Parris on 9/7/18. Deposition designations are to be exchanged now, and provided to the court 72 hours before the deposition will be used in court. (AD)
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Filing 654
LETTER from Plaintiff filed by David Jack, Leslie Jack (Breen, Thomas)
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Filing 653
LETTER from Mary Z. Gaston filed by Honeywell International Inc (Gaston, Mary)
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Filing 652
NOTICE of Association of Attorney by Brian D Zeringer on behalf of Defendant Union Pacific Railroad Company. (Zeringer, Brian)
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Filing 651
LETTER from Jeffrey M. Odom filed by Union Pacific Railroad Company (Odom, Jeffrey)
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Filing 650
LETTER from Diane J. Kero re August 20, 2018 Telephone Conference filed by Dana Companies, LLC (Kero, Diane)
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Filing 649
LETTER from Daniel K. Reising re August 20 Telephone Conference filed by Ford Motor Company (Reising, Daniel)
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Filing 648
ORDER denying as moot Defendant Ford Motor Co.'s and Defendant Honeywell International Inc.'s pending motions to exclude Mr. Johnson. (Ford MTE Johnson (Dkt. #466 ); Honeywell MTE Johnson (Dkt. #488 ).) Signed by Judge James L. Robart. (TH)
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Set Hearing: TELEPHONE CONFERENCE set for 8/20/2018 at 1:30 PM before Judge James L. Robart. (VE)
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Filing 647
NOTICE of Intent to File Surreply and Surreply Pursuant to Local Rule 7(g) re #632 Reply to Response to Motion ; filed by Plaintiffs David Jack, Leslie Jack. (Breen, Thomas)
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Filing 646
NOTICE of Settlement and Striking Motion for Summary Judgment by Defendant Ingersoll Rand Company (Tuvim, Mark)
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Filing 645
REPLY, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack, TO RESPONSE to #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp. (Breen, Thomas)
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Filing 644
REPLY, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack, TO RESPONSE to #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific (Breen, Thomas)
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Filing 643
REPLY, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack, TO RESPONSE to #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co. (Breen, Thomas)
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Filing 642
REPLY, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack, TO RESPONSE to #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC (Breen, Thomas)
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Filing 641
Supplemental DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co., #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp., #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific, #507 MOTION for Partial Summary Judgment as to Defendant BorgWarner, #501 MOTION for Partial Summary Judgment as to Defendant Honeywell International, #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Breen, Thomas)
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Filing 640
REPLY, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack, TO RESPONSE to #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co., #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp., #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific, #507 MOTION for Partial Summary Judgment as to Defendant BorgWarner, #501 MOTION for Partial Summary Judgment as to Defendant Honeywell International, #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC (Breen, Thomas)
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Filing 639
REPLY, filed by Defendant Honeywell International Inc, TO RESPONSE to #481 MOTION for Partial Summary Judgment (Gaston, Mary)
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Filing 638
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #481 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1-2)(Gaston, Mary)
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Filing 637
Supplemental DECLARATION of Kevin J. Craig filed by Defendant Ingersoll Rand Company re #468 MOTION for Summary Judgment (Attachments: #1 Exhibit A)(Tuvim, Mark)
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Filing 636
REPLY, filed by Defendant Ingersoll Rand Company, TO RESPONSE to #468 MOTION for Summary Judgment (Attachments: #1 Proposed Order)(Tuvim, Mark)
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Filing 635
DECLARATION of Ryan T. Moore filed by Defendant Union Pacific Railroad Company re #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific (Odom, Jeffrey)
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Filing 634
REPLY, filed by Defendant Union Pacific Railroad Company, TO RESPONSE to #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific (Odom, Jeffrey)
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Filing 633
REPLY, filed by Defendant Borg-Warner Morse Tec LLC, TO RESPONSE to #518 MOTION for Summary Judgment (Attachments: #1 Reply Declaration of Michael Madderra ISO Motion for Summary Judgment)(Madderra, Michael)
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Filing 632
REPLY, filed by Defendant Union Pacific Railroad Company, TO RESPONSE to #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific (Odom, Jeffrey)
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Filing 631
REPLY, filed by Defendant Viad Corporation, TO RESPONSE to #458 MOTION for Summary Judgment (Attachments: #1 Amd Decl of RCG w Exhs)(Gardner, Ronald)
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Filing 630
REPLY, filed by Defendant Viad Corporation, TO RESPONSE to #458 MOTION for Summary Judgment (Attachments: #1 Declaration w Exhibits)(Gardner, Ronald)
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Filing 629
REPLY, filed by Defendant Ford Motor Company, TO RESPONSE to #449 MOTION for Partial Summary Judgment (Fucile, Mark)
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Filing 628
ORDER granting Defendant Ford Motor Company #464 Motion to Exclude Certain Testimony of Charles Cushing and DENYING the other motions to exclude (Dkt. # #456 , #461 , #463 , #465 , #470 , #483 , #490 , #497 , #511 , #516 ). The court further DENIES Plaintiffs motion to extend the discovery deadline (Dkt. #567 ) as moot. Signed by Judge James L. Robart. (TH)
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Filing 627
NOTICE of Appearance by attorney Michael J Madderra on behalf of Defendant Borg-Warner Morse Tec LLC. (Madderra, Michael)
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Filing 626
STIPULATION AND ORDER Dismissing Defendant Goulds Pumps, LLC re parties' #625 Stipulation. It is ORDERED, ADJUDGED and DECREED that Plaintiffs' action against Defendant, Goulds Pumps, LLC, only, is hereby dismissed with prejudice, no costs to be awarded. Signed by Judge James L. Robart. (TH)
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Filing 625
STIPULATION AND PROPOSED ORDER of Defendant Goulds Pumps, LLC by parties (Gardner, Ronald)
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Filing 624
DECLARATION of Diane J. Kero filed by Defendant Dana Companies, LLC re #567 MOTION for Leave to Extend Discovery Deadline for Supplemental Report of Sean Fitzgerald (Attachments: #1 Exhibit S)(Kero, Diane)
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Filing 623
RESPONSE, by Defendant Dana Companies, LLC, to #567 MOTION for Leave to Extend Discovery Deadline for Supplemental Report of Sean Fitzgerald. (Ricketts, Michael)
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Filing 622
STIPULATION AND ORDER of Dismissal as to Defendant Metropolitan Life Insurance Company re parties' #603 Stipulation. IT IS HEREBY ORDERED that all claims against Metropolitan Life Insurance Company are hereby dismissed without prejudice and without costs. Signed by Judge James L. Robart. (TH)
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Filing 621
PRAECIPE to attach document (Exhibit) re #612 Declaration of Benjamin H. Adams by Plaintiffs David Jack, Leslie Jack, Patrick Jack (Attachments: #1 Exhibit A-J)(Breen, Thomas) Modified to create docket entry relationship on 8/8/2018 (SWT).
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Filing 620
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #458 MOTION for Summary Judgment (Attachments: #1 Exhibit A-V)(Breen, Thomas)
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Filing 619
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #458 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 618
DECLARATION of Diane J. Kero filed by Defendants Borg-Warner Morse Tec LLC, Dana Companies, LLC, Ford Motor Company, Honeywell International Inc, Union Pacific Railroad Company, Viad Corporation re #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co., #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp., #501 MOTION for Partial Summary Judgment as to Defendant Honeywell International, #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC, #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific, #507 MOTION for Partial Summary Judgment as to Defendant BorgWarner (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 Exhibit Exhibit 12)(Kero, Diane)
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Filing 617
RESPONSE, by Defendants Borg-Warner Morse Tec LLC, Dana Companies, LLC, Ford Motor Company, Honeywell International Inc, Union Pacific Railroad Company, Viad Corporation, to #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co., #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp., #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific, #507 MOTION for Partial Summary Judgment as to Defendant BorgWarner, #501 MOTION for Partial Summary Judgment as to Defendant Honeywell International, #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC. (Kero, Diane)
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Filing 616
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #468 MOTION for Summary Judgment (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)(Breen, Thomas)
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Filing 615
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #468 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 614
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #518 MOTION for Summary Judgment (Attachments: #1 Exhibit A-H, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Breen, Thomas)
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Filing 613
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #518 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 612
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #476 MOTION for Summary Judgment (Attachments: #1 Exhibit A-J)(Breen, Thomas)
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Filing 611
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #476 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 610
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #449 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A-J)(Breen, Thomas)
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Filing 609
DECLARATION of Ryan T. Moore filed by Defendant Union Pacific Railroad Company re #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific (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)(Odom, Jeffrey)
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Filing 608
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #449 MOTION for Partial Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 607
RESPONSE, by Defendant Union Pacific Railroad Company, to #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific. Oral Argument Requested. (Odom, Jeffrey)
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Filing 606
RESPONSE, by Defendant Viad Corporation, to #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp.. (Gardner, Ronald)
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Filing 605
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #458 MOTION for Summary Judgment , #468 MOTION for Summary Judgment , #476 MOTION for Summary Judgment , #518 MOTION for Summary Judgment , #449 MOTION for Partial Summary Judgment , #481 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A-E)(Breen, Thomas)
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Filing 604
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #458 MOTION for Summary Judgment , #468 MOTION for Summary Judgment , #476 MOTION for Summary Judgment , #518 MOTION for Summary Judgment , #449 MOTION for Partial Summary Judgment , #481 MOTION for Partial Summary Judgment . (Attachments: #1 Proposed Order, #2 Proposed Order)(Breen, Thomas)
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Filing 603
STIPULATION AND PROPOSED ORDER of Dismissal as to Defendant Metropolitan Life Insurance Company by parties (Gawlowski, Richard) Modified to include full title of document on 8/7/2018 (SWT).
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Filing 602
NOTICE of Joinder JOINING #463 MOTION to Exclude Testimony of Barry Castleman, by Defendant Union Pacific Railroad Company. (Odom, Jeffrey)
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Filing 601
NOTICE of Joinder JOINING #490 MOTION to Exclude Testimony of Arnold R. Brody, PH.D., by Defendant Union Pacific Railroad Company. (Odom, Jeffrey)
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Filing 600
NOTICE of Joinder JOINING #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services, by Defendant Union Pacific Railroad Company. (Odom, Jeffrey)
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Filing 599
DECLARATION of Rear Admiral David P. Sargent (RET.) filed by Defendant Viad Corporation re #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp. (Attachments: #1 Exhibit 1)(Gardner, Ronald)
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Filing 598
DECLARATION of Ronald C. Gardner filed by Defendant Viad Corporation re #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp. (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, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Gardner, Ronald)
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Filing 597
RESPONSE, by Defendant Dana Companies, LLC, to #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC. Oral Argument Requested. (Kero, Diane)
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Filing 596
RESPONSE, by Defendant Ford Motor Company, to #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co.. Oral Argument Requested. (Fucile, Mark)
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Filing 595
Second DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #483 MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions (Gaston, Mary)
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Filing 594
REPLY, filed by Defendant Honeywell International Inc, TO RESPONSE to #483 MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions (Gaston, Mary)
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Filing 593
REPLY, filed by Defendant Ford Motor Company, TO RESPONSE to #465 MOTION to Exclude Lymph Node and Other Testimony of Ronald Gordon (Reising, Daniel)
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Filing 592
NOTICE of Joinder JOINING #470 MOTION to Exclude and Limit Expert Testimony, by Defendant Dana Companies, LLC. (Kero, Diane)
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Filing 591
REPLY, filed by Defendant Ford Motor Company, TO RESPONSE to #463 MOTION to Exclude Testimony of Barry Castleman (Reising, Daniel)
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Filing 590
REPLY, filed by Defendant Ford Motor Company, TO RESPONSE to #464 MOTION to Exclude Certain Testimony of Charles Cushing (Reising, Daniel)
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Filing 589
Second DECLARATION of Diane J. Kero (SECOND) filed by Defendant Dana Companies, LLC re #456 MOTION to Exclude Fitzgerald's Untimely Supplemental Report, #511 MOTION to Exclude Plaintiff's Expert Sean Fitzgerald PG from Testifying at Trial (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R)(Kero, Diane)
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Filing 588
REPLY, filed by Defendant Dana Companies, LLC, TO RESPONSE to #456 MOTION to Exclude Fitzgerald's Untimely Supplemental Report, #511 MOTION to Exclude Plaintiff's Expert Sean Fitzgerald PG from Testifying at Trial (Kero, Diane)
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Filing 587
DECLARATION of Mark B. Tuvim filed by Defendant Ingersoll Rand Company re #470 MOTION to Exclude and Limit Expert Testimony (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tuvim, Mark)
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Filing 586
REPLY, filed by Defendant Ingersoll Rand Company, TO RESPONSE to #470 MOTION to Exclude and Limit Expert Testimony (Attachments: #1 Proposed Order)(Tuvim, Mark)
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Filing 585
REPLY, filed by Defendant Honeywell International Inc, TO RESPONSE to #490 MOTION to Exclude Testimony of Arnold R. Brody, PH.D. (Gaston, Mary)
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Filing 584
REPLY, filed by Defendant Honeywell International Inc, TO RESPONSE to #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services (Gaston, Mary)
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Filing 583
STIPULATION AND ORDER dismissing with prejudice all of Plaintiffs' claims against Defendant Asbestos Corporation Ltd re: #580 Stipulation. Signed by Judge James L. Robart. (PM)
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Filing 582
STIPULATION AND ORDER dismissing with prejudice Plaintiffs' claims against Defendant Air & Liquid Systems Corporation re #581 . Signed by Judge James L. Robart. (PM)
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Set Oral Argument on Defendant Ford Motor Company's MOTION to Exclude Testimony of Robert W. Johnson (Dkt. #466 ), and Defendant Ingersoll Rand Company's MOTION for Summary Judgment (Dkt. #468 ): Motion Hearing set for Thursday, 8/16/2018 at 2:00 PM in Courtroom 14106 before Judge James L. Robart. (AD)
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Filing 581
STIPULATION AND PROPOSED ORDER of Dismissal of Air & Liquid Systems Corporation by parties (Tuvim, Mark)
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Filing 580
STIPULATION AND PROPOSED ORDER of Dismissal of Asbestos Corporation Limited by parties (Tuvim, Mark)
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Filing 579
STIPULATION AND ORDER OF DISMISSAL with prejudice of Defendant General Electric Company re: #577 Stipulation. Signed by Judge James L. Robart. (PM)
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Filing 578
STIPULATION AND ORDER OF DISMISSAL with prejudice of Defendant CBS Corporation re: #576 Stipulation. Signed by Judge James L. Robart. (PM)
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Filing 577
STIPULATION AND PROPOSED ORDER of Dismissal with Prejudice of Defendant General Electric Company by parties (Marks, Christopher)
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Filing 576
STIPULATION AND PROPOSED ORDER of Dismissal with Prejudice of Defendant CBS Corporation by parties (Marks, Christopher)
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Filing 575
STIPULATION AND ORDER for Extension of Time to Respond to Defendant Ford Motor Company's Motion for Summary Judgment re parties' #574 Stipulated Motion. The Court ORDERS that the deadline for Plaintiffs to file their Response to Ford Motor Company's Motion for Partial Summary Judgment is extended from the current deadline of July 30, 2018 to August 6, 2018. The Court DIRECTS the Clerk to renote Ford Motor Company's motion (Dkt. No. #499 ) for August 10, 2018. Signed by Judge James L. Robart. (TH)
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Filing 574
Stipulated MOTION for Extension of Time to Respond to Defendant Ford Motor Company's Motion for Summary Judgment, filed by Plaintiffs David Jack, Leslie Jack. Noting Date 7/31/2018, (Breen, Thomas)
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Filing 573
RESPONSE, by Defendant Viad Corporation, to #464 MOTION to Exclude Certain Testimony of Charles Cushing. (Gardner, Ronald)
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Filing 572
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #456 MOTION to Exclude Fitzgerald's Untimely Supplemental Report, #511 MOTION to Exclude Plaintiff's Expert Sean Fitzgerald PG from Testifying at Trial (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, #14 Exhibit N, #15 Exhibit O)(Breen, Thomas)
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Filing 571
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #456 MOTION to Exclude Fitzgerald's Untimely Supplemental Report, #511 MOTION to Exclude Plaintiff's Expert Sean Fitzgerald PG from Testifying at Trial. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 570
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #533 MOTION for Joinder in Warren Pumps, LLC's Motion to Exclude and Limit Expert Testimony, #470 MOTION to Exclude and Limit Expert Testimony (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)(Breen, Thomas)
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Filing 569
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #533 MOTION for Joinder in Warren Pumps, LLC's Motion to Exclude and Limit Expert Testimony, #470 MOTION to Exclude and Limit Expert Testimony. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 568
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #567 MOTION for Leave to Extend Discovery Deadline for Supplemental Report of Sean Fitzgerald (Breen, Thomas)
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Filing 567
MOTION for Leave to Extend Discovery Deadline for Supplemental Report of Sean Fitzgerald, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 566
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services, #466 MOTION to Exclude Testimony of Robert W. Johnson, #522 MOTION for Joinder in Defendant Ford Motor Company's Motion to Exclude Testimony of Robert Johnson and Joinder in Honeywell International, Inc.'s Motion to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Re, #536 MOTION for Joinder Ford Motor Company's to Exclude Testimony Testimony or Robert W. Johnson and Joinder in Honeywell International's MOtion to Exclude Plaintiff's Economist Robert Johnson's Testimony and Opions re Loss of Househ (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G)(Breen, Thomas)
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Filing 565
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #466 MOTION to Exclude Testimony of Robert W. Johnson, #522 MOTION for Joinder in Defendant Ford Motor Company's Motion to Exclude Testimony of Robert Johnson and Joinder in Honeywell International, Inc.'s Motion to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Re, #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services, #536 MOTION for Joinder Ford Motor Company's to Exclude Testimony Testimony or Robert W. Johnson and Joinder in Honeywell International's MOtion to Exclude Plaintiff's Economist Robert Johnson's Testimony and Opions re Loss of Househ. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 564
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #470 MOTION to Exclude and Limit Expert Testimony, #463 MOTION to Exclude Testimony of Barry Castleman (Attachments: #1 Exhibit A)(Breen, Thomas)
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Filing 563
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #470 MOTION to Exclude and Limit Expert Testimony, #463 MOTION to Exclude Testimony of Barry Castleman. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 562
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #516 MOTION to Exclude Dr. Carl Brodkin, #497 MOTION to Exclude Plaintiff's Expert Dr. Carl Brodkin's Causation Testimony and Opinions and Joinder in Defendant Honeywell International Inc.'s Motion, #483 MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions (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)(Breen, Thomas)
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Filing 561
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #497 MOTION to Exclude Plaintiff's Expert Dr. Carl Brodkin's Causation Testimony and Opinions and Joinder in Defendant Honeywell International Inc.'s Motion, #516 MOTION to Exclude Dr. Carl Brodkin, #483 MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 560
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #490 MOTION to Exclude Testimony of Arnold R. Brody, PH.D. (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)(Breen, Thomas)
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Filing 559
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #490 MOTION to Exclude Testimony of Arnold R. Brody, PH.D.. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 558
STIPULATION AND ORDER of Dismissal Without Prejudice of Defendant Warren Pumps, LLC re parties' #552 Stipulation. Plaintiffs' claims and causes of action against Warren Pumps, LLC only, are DISMISSED without prejudice and without costs to any party, reserving to Plaintiff all claims against other parties. Signed by Judge James L. Robart. (TH)
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Filing 557
STIPULATION AND ORDER of Dismissal with Prejudice of Defendant Crane Co. re parties' #550 Stipulation. Pursuant to the stipulation by the plaintiffs and defendant Crane Co., the court ORDERS that all claims brought against defendant Crane Co. are dismissed with prejudice and without an award of attorneys' fees to any party, reserving to plaintiff their claims against all other parties. Signed by Judge James L. Robart. (TH)
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Filing 556
STIPULATION AND ORDER of Dismissal with Prejudice of Defendant Pneumo Abex, LLC re parties' #553 Stipulation. Based on the foregoing Stipulation, Defendant PNEUMO ABEX, LLC, only is hereby dismissed with prejudice and without costs to either party, reserving all Plaintiff's claims against all other parties. Pneumo Abex, LCC's pending motion for summary judgment is denied as moot (Dkt. No. #453 ). Signed by Judge James L. Robart. (TH)
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Filing 555
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #461 MOTION to Exclude Plaintiff's Expert Ronald E. Gordon PhD's Undisclosed New Opinions Expressed in his Deposition Testimony of July 10, 2018, #465 MOTION to Exclude Lymph Node and Other Testimony of Ronald Gordon (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, #14 Exhibit N)(Breen, Thomas)
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Filing 554
RESPONSE, by Plaintiffs David Jack, Leslie Jack, Patrick Jack, to #465 MOTION to Exclude Lymph Node and Other Testimony of Ronald Gordon, #461 MOTION to Exclude Plaintiff's Expert Ronald E. Gordon PhD's Undisclosed New Opinions Expressed in his Deposition Testimony of July 10, 2018. Oral Argument Requested. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 553
STIPULATION AND PROPOSED ORDER of Dismissal with Prejudice of Defendant Pneumo Abex LLC by parties (Kero, Diane)
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Filing 552
STIPULATION AND PROPOSED ORDER of Dismissal Without Prejudice of Defendant Warren Pumps, LLC by parties (Eraut, Allen)
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Filing 551
NOTICE to Withdraw Pending Motion re #451 MOTION for Summary Judgment Defendant Warren Pumps LLC's Motion for Summary Judgment ; by Defendant Warren Pumps LLC. (Eraut, Allen)
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Filing 550
STIPULATION AND PROPOSED ORDER of Dismissal with Prejudice of Defendant Crane Co. by parties (Shaw, G)
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Filing 549
ORDER re #546 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jospeh S Pevsner for Defendant Honeywell International Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 548
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge James L. Robart; Jury Trial is set for 10/1/2018 at 1:00 PM in Courtroom 14106 before Judge James L. Robart. Attorney settlement conference to be held by 8/16/2018, Motions in Limine due by 8/21/2018, Pretrial Order due by 9/10/2018, Pretrial Conference set for 9/17/2018 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 9/25/2018, Proposed voir dire/jury instructions due by 9/25/2018. (AD)
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Filing 546
APPLICATION OF ATTORNEY Joseph S. Pevsner FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Honeywell International Inc (Fee Paid) Receipt No. 0981-5410280 (Gaston, Mary)
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Filing 547
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Benjamin Adams; Def Counsel: Borg-Warner - Richard Ross; CBS & General Electric - Erin Fraiser; Pneumo Abex - Diane Kero; DCo - Michael Ricketts; Ford Motor Company - Daniel Reising; Viad - Ronald Gardner; Honeywell International - Mary Gaston; Ingersoll Rand - Mark Tuvim; Union Pacific - Andrew Yates; Warren Pumps - Shaun Morgan; CR: Vernon & Assoc. (C. Vernon); Telephone Conference held on 7/25/2018. The court and counsel discuss pending motions, deadlines, and procedures in this matter. As stated on the record, the court rules as follows: 1) re: motions to exclude: Plaintiffs are directed to file one response to each expert, and each response shall not exceed 12 pages; Defendant Viad Corporation's response to the motion re: Mr. Cushing shall not exceed 12 pages; only one reply on behalf of all challenging Defendants may be filed as to each expert. 2) re: motions to join and notices of joinder: no further briefing on motions or notices need to be filed; the parties are advised to file notices of joinder in the future. 3) re: Defendant DCo LLC's two motions to exclude Sean Fitzgerald (Dkt. # #456 and #511 ): the motions are to be treated as a single motion; Plaintiffs may file only one response and Defendant DCo LLC may file only one reply. 4) The court will not entertain Daubert motions contained in motions in limine. 5) re: motions for summary judgment: as to Defendants' motions for summary judgment, one response from Plaintiffs shall be filed re: common legal issues; if any Defendant raises arguments based on facts specific to that Defendant, Plaintiffs may file a response of no more than six (6) pages as to that Defendant; as to Plaintiffs' motions for summary judgment, all Defendants are directed to file a single response to common legal issues raised in Plaintiffs' motion; if facts regarding specific Defendants are raised, those Defendants may also file a separate response of no more than six (6) pages. 6) The court advances the current trial date to Monday, October 1, 2018; 50 total trial hours are allotted in this matter; an updated trial schedule will be issued. 7) re: deposition testimonies: parties are directed to submit deposition testimonies to the court 48-72 hours before it is to be used in court; some depositions that are certain to be used at trial (e.g. Mr. Jack's deposition) may be submitted earlier. (AD)
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Filing 545
NOTICE of Appearance by attorney Elizabeth Jean McLafferty on behalf of Plaintiffs David Jack, Leslie Jack, Patrick Jack. (McLafferty, Elizabeth)
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Filing 544
ORDER granting Defendant Union Pacific Railroad Company's #540 #541 Motions for Joinder in Defendant Honeywell's #490 Motion to Exclude and in Defendant Ford Motor Company's #463 Motion to Exclude (Cushing). Signed by Judge James L. Robart. (PM) Modified on 7/25/2018 to add link and description to motion #463 (PM).
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Filing 543
MINUTE ORDER setting telephonic conference for 7/25/2018 at 02:00 PM PDT before Judge James L. Robart. Authorized by Judge James L. Robart. (PM)
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Filing 542
ORDER granting Defendant Ingersoll-Rand Company's Motions for Joinder #533 #534 , #535 , #536 , #537 , #538 . Signed signed by Judge James L. Robart. (PM)
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Filing 541
MOTION for Joinder in Ford's Motion to Exclude Testimony of B. Castleman, filed by Defendant Union Pacific Railroad Company. Noting Date 8/3/2018, (Odom, Jeffrey)
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Filing 540
MOTION for Joinder in Honeywell's Motion to Exclude Testimony of A. Brody, filed by Defendant Union Pacific Railroad Company. Noting Date 8/3/2018, (Odom, Jeffrey)
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Filing 539
ORDER granting Defendant Honeywell International Inc.'s Motions for Joinder #530 , #531 , #532 re: Defendant Ford Motor Company's motions to exclude experts Barry Castleman, Charles Cushing, and Ronald E. Gordon. Signed by Judge James L. Robart. (PM)
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Filing 538
MOTION for Joinder In Honeywell International, Inc.'s Motion to Exclude Testimony of Arnold R. Brody, PH.D., filed by Defendant Ingersoll Rand Company. Oral Argument Requested. Noting Date 8/3/2018, (Tuvim, Mark)
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Filing 537
MOTION for Joinder in Honeywell International, Inc.'s Motion to Exclude Plaintiff's Expert Dr. Carl Brodkin's Causation Testimony and Opinions, filed by Defendant Ingersoll Rand Company. Oral Argument Requested. Noting Date 8/3/2018, (Tuvim, Mark)
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Filing 536
MOTION for Joinder Ford Motor Company's to Exclude Testimony Testimony or Robert W. Johnson and Joinder in Honeywell International's MOtion to Exclude Plaintiff's Economist Robert Johnson's Testimony and Opions re Loss of Household Services, filed by Defendant Ingersoll Rand Company. Oral Argument Requested. Noting Date 8/3/2018, (Tuvim, Mark)
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Filing 535
MOTION for Joinder in Ford Motor Co.'s #465 Motion to Exclude Lymph NOde and Other Testimony of Robert Gordon, filed by Defendant Ingersoll Rand Company. Oral Argument Requested. Noting Date 8/3/2018, (Tuvim, Mark) Modified on 7/23/2018to add link to motion to exclude (PM).
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Filing 534
MOTION for Joinder in Ford Motor Co.'s #463 Motion to Exclude Testimony of Barry Castleman, filed by Defendant Ingersoll Rand Company. Oral Argument Requested. Noting Date 8/3/2018, (Tuvim, Mark) Modified on 7/23/2018 to add link to motion to exclude (PM).
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Filing 533
MOTION for Joinder in Warren Pumps, LLC's #470 Motion to Exclude and Limit Expert Testimony, filed by Defendant Ingersoll Rand Company. Oral Argument Requested. Noting Date 8/3/2018, (Tuvim, Mark) Modified on 7/23/2018 to add link to motion to exclude (PM).
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Filing 532
MOTION for Joinder , in Defendant Ford's #465 Motion to Exclude Lymph Node and other Testimony of Ronald E. Gordon, filed by Defendant Honeywell International Inc. Noting Date 8/3/2018, (Kruger, Kristine) Modified on 7/20/2018: edited text to add link and language re: motion to exclude (PM).
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Filing 531
MOTION for Joinder , in Defendant Ford's #464 Motion to Exclude Certain Testimony of Charles Cushing, filed by Defendant Honeywell International Inc. Noting Date 8/3/2018, (Kruger, Kristine) Modified on 7/20/2018: edited text to link and language re motion to exclude (PM).
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Filing 530
MOTION for Joinder , in Defendant Ford's #463 Motion to Exclude Testimony of Barry Castleman, filed by Defendant Honeywell International Inc. Noting Date 8/3/2018, (Kruger, Kristine) Modified on 7/20/2018: edited text to add link and language re: motion to exclude (PM).
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Filing 529
ORDER granting Motions for Joinder filed by Defendants Ford Motor Company and Warren Pumps LLC. re: #512 #513 #514 #522 #523 #524 . Signed by Judge James L. Robart. (PM)
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Filing 528
ORDER re #527 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney R Thomas Radcliffe for Defendant Dana Companies, LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 527
APPLICATION OF ATTORNEY R. Thomas Radcliffe FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Dana Companies, LLC (Fee Paid) Receipt No. 0981-5401501 (Kero, Diane)
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Filing 526
NOTICE of Joinder JOINING #466 MOTION to Exclude Testimony of Robert W. Johnson, by Defendant Union Pacific Railroad Company. (Odom, Jeffrey)
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Filing 525
NOTICE of Joinder JOINING #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services, by Defendant Union Pacific Railroad Company. (Odom, Jeffrey)
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Filing 524
MOTION for Joinder in Defendant Ford Motor Company's #465 Motion to Exclude Lymph Node and Other Testimony of Robert Gordon, filed by Defendant Warren Pumps LLC. Oral Argument Requested. Noting Date 8/3/2018, (Morgan, Shaun) Modified on 7/19/2018 to add link to Ford's motion (PM).
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Filing 523
MOTION for Joinder in Defendant Ford Motor Company's #463 Motion to Exclude Testimony of Barry Castleman, filed by Defendant Warren Pumps LLC. Oral Argument Requested. Noting Date 8/3/2018, (Morgan, Shaun) Modified on 7/19/2018 to add link to Ford's motion (PM).
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Filing 522
MOTION for Joinder in Defendant Ford Motor Company's #466 Motion to Exclude Testimony of Robert Johnson and Joinder in Honeywell International, Inc.'s Motion to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services Attorney Shaun Mary Morgan added to party Warren Pumps LLC(pty:dft), filed by Defendant Warren Pumps LLC. Oral Argument Requested. Noting Date 8/3/2018, (Morgan, Shaun) Modified on 7/19/2018 to add link to Ford's motion to exclude (PM).
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Filing 521
ORDER granting Defendant BorgWarner Morse TEC LLC.'s #494 Motion to Withdraw and Substitute Appearance of Law Firm. The law firm of Selman Breitman is granted leave to withdraw and the law firm of Bennett Bigelow & Leedom is substituted as counsel for Defendant BorgWarner Morse TEC LLC. Signed by Judge James L. Robart. Clerk to request attorney admissions clerk update Richard D. Ross' address. (PM)
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NOTICE of Docket Text Modification re Defendant Viad Corp.'s #458 MOTION for Summary Judgment - struck Oral Argument Requested as improper per LCR 7(b)(4). (PM)
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Filing 520
STIPULATION AND ORDER of Dismissal as to Defendant MeadWestvaco Corporation (M.W. Custom Papers LLC) re parties' #479 Stipulation. Plaintiffs' claims against defendant M.W. Custom Papers LLC are dismissed without prejudice, reserving to plaintiffs their claims against all other parties. Signed by Judge James L. Robart. (TH)
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Filing 519
DECLARATION of Richard D. Ross ISO Motion for Summary Judgment filed by Defendant Borg-Warner Morse Tec LLC re #518 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ross, Richard)
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Filing 518
MOTION for Summary Judgment , filed by Defendant Borg-Warner Morse Tec LLC. Oral Argument Requested. Noting Date 8/10/2018, (Ross, Richard)
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Filing 517
DECLARATION of Richard D. Ross ISO Motion to Exclude Dr. Carl Brodkin filed by Defendant Borg-Warner Morse Tec LLC re #516 MOTION to Exclude Dr. Carl Brodkin (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ross, Richard)
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Filing 516
MOTION to Exclude Dr. Carl Brodkin, filed by Defendant Borg-Warner Morse Tec LLC. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Ross, Richard)
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Filing 515
DECLARATION of Diane J. Kero filed by Defendant Dana Companies, LLC re #511 MOTION to Exclude Plaintiff's Expert Sean Fitzgerald PG from Testifying at Trial (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit A, Part 4, #5 Exhibit A, Part 5, #6 Exhibit A, Part 6, #7 Exhibit A, Part 7, #8 Exhibit A, Part 8, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, Part 1, #14 Exhibit F, Part 2, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Exhibit L, #21 Exhibit M, #22 Exhibit N, #23 Exhibit O)(Kero, Diane)
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Filing 514
MOTION for Joinder in Honeywell's Motion for Partial Summary Judgment, filed by Defendant Ford Motor Company. Oral Argument Requested. Noting Date 8/10/2018, (Reising, Daniel)
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Filing 513
MOTION for Joinder In Honeywell's Motion to Exclude Testimony of Arnold Brody, filed by Defendant Ford Motor Company. Oral Argument Requested. Noting Date 8/3/2018, (Reising, Daniel)
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Filing 512
MOTION for Joinder in Honeywell's Motion to Exclude Carl Brodkin's Causation Testimony and Other Opinions Attorney Daniel K. Reising added to party Ford Motor Company(pty:dft), filed by Defendant Ford Motor Company. Oral Argument Requested. Noting Date 8/3/2018, (Reising, Daniel)
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Filing 511
MOTION to Exclude Plaintiff's Expert Sean Fitzgerald PG from Testifying at Trial, filed by Defendant Dana Companies, LLC. Noting Date 8/3/2018, (Kero, Diane)
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Filing 510
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #509 MOTION for Partial Summary Judgment as to Defendant Union Pacific (Attachments: #1 Exhibit A-G)(Breen, Thomas)
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Filing 509
MOTION for Partial Summary Judgment as to Defendant Union Pacific, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 508
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #507 MOTION for Partial Summary Judgment as to Defendant BorgWarner (Attachments: #1 Exhibit A-K)(Breen, Thomas)
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Filing 507
MOTION for Partial Summary Judgment as to Defendant BorgWarner, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 506
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #505 MOTION for Partial Summary Judgment as to Defendant Ford Motor Co. (Attachments: #1 Exhibit A-G)(Breen, Thomas)
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Filing 505
MOTION for Partial Summary Judgment as to Defendant Ford Motor Co., filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 504
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #503 MOTION for Partial Summary Judgment as to Defendant DCO, LLC (Attachments: #1 Exhibit A-I)(Breen, Thomas)
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Filing 503
MOTION for Partial Summary Judgment as to Defendant DCO, LLC, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 502
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #501 MOTION for Partial Summary Judgment as to Defendant Honeywell International (Attachments: #1 Exhibit A-G)(Breen, Thomas)
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Filing 501
MOTION for Partial Summary Judgment as to Defendant Honeywell International, filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 500
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack re #499 MOTION for Partial Summary Judgment as to Defendant Viad Corp. (Attachments: #1 Exhibit A-J)(Breen, Thomas)
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Filing 499
MOTION for Partial Summary Judgment as to Defendant Viad Corp., filed by Plaintiffs David Jack, Leslie Jack, Patrick Jack. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Breen, Thomas)
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Filing 498
DECLARATION of Michael E. Ricketts filed by Defendant Dana Companies, LLC re #497 MOTION to Exclude Plaintiff's Expert Dr. Carl Brodkin's Causation Testimony and Opinions and Joinder in Defendant Honeywell International Inc.'s Motion (Attachments: #1 Exhibit 1)(Ricketts, Michael)
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Filing 497
MOTION to Exclude Plaintiff's Expert Dr. Carl Brodkin's Causation Testimony and Opinions and Joinder in Defendant Honeywell International Inc.'s Motion, filed by Defendant Dana Companies, LLC. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Ricketts, Michael)
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Filing 496
PRAECIPE re #486 Declaration, (Corrected Exhibits 1-16) by Defendant Honeywell International Inc (Attachments: #1 Exhibit 1-4 to Gaston Declaration ISO Motion to Exclude Expert C. Brodkin, #2 Exhibit 5-16 to Gaston Declaration ISO #483 Motion to Exclude Expert C. Brodkin)(Gaston, Mary) Modified on 7/18/2018 to add link to motion (PM).
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Filing 495
DECLARATION of Richard D. Ross ISO Motion to Withdraw and Subtitute Law Firm of Record filed by Defendant Borg-Warner Morse Tec LLC re #494 MOTION to Withdraw as Attorney and Substitute Law Firm of Record (Attachments: #1 Proposed Order)(Ross, Richard)
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Filing 494
MOTION to Withdraw as Attorney and Substitute Law Firm of Record, filed by Defendant Borg-Warner Morse Tec LLC. Noting Date 7/17/2018, (Ross, Richard)
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Filing 493
NOTICE of Joinder JOINING #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 492
NOTICE of Joinder JOINING #490 MOTION to Exclude Testimony of Arnold R. Brody, PH.D., by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 491
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #490 MOTION to Exclude Testimony of Arnold R. Brody, PH.D. (Gaston, Mary)
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Filing 490
MOTION to Exclude Testimony of Arnold R. Brody, PH.D., filed by Defendant Honeywell International Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Gaston, Mary)
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Filing 489
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #488 MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services (Gaston, Mary)
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Filing 488
MOTION to Exclude Plaintiffs' Economist Robert Johnson's Testimony and Opinions Regarding Loss of Household Services, filed by Defendant Honeywell International Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Gaston, Mary)
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Filing 487
PRAECIPE re #461 MOTION to Exclude Plaintiff's Expert Ronald E. Gordon PhD's Undisclosed New Opinions Expressed in his Deposition Testimony of July 10, 2018 by Defendant Dana Companies, LLC (Attachments: #1 Exhibit Corrected Motion to Exclude Expert Ronald E. Gordon Ph.D.'s Undisclosed New Opinions Expressed in His Deposition Testimony of July 10, 2018)(Kero, Diane)
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Filing 486
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #483 MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions (Attachments: #1 Exhibit 1-16, #2 Exhibit 17, #3 Exhibit 18-22)(Gaston, Mary)
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Filing 485
NOTICE of Joinder JOINING #483 MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 484
NOTICE of Joinder JOINING #481 MOTION for Partial Summary Judgment , by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 483
MOTION to Exclude Plaintiffs' Expert Dr. Carl Brodkin's Causation Testimony and Opinions, filed by Defendant Honeywell International Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Gaston, Mary)
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Filing 482
DECLARATION of Mary Z. Gaston filed by Defendant Honeywell International Inc re #481 MOTION for Partial Summary Judgment (Gaston, Mary)
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Filing 481
MOTION for Partial Summary Judgment , filed by Defendant Honeywell International Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Gaston, Mary)
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Filing 480
STIPULATION AND ORDER of Dismissal as to Defendant Kelsey-Hayes Company re parties' #478 Stipulation. Plaintiffs' claims against defendant Kelsey-Hayes Company are dismissed without prejudice, reserving to plaintiffs their claims against all other parties. Signed by Judge James L. Robart. (TH)
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Filing 479
STIPULATION AND PROPOSED ORDER OF DISMISSAL by parties (Steele, Katherine)
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Filing 478
STIPULATION AND PROPOSED ORDER OF DISMISSAL by parties (Steele, Katherine)
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Filing 477
DECLARATION of Ryan T. Moore filed by Defendant Union Pacific Railroad Company re #476 MOTION for Summary Judgment (Odom, Jeffrey)
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Filing 476
MOTION for Summary Judgment , filed by Defendant Union Pacific Railroad Company. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Odom, Jeffrey)
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Filing 475
DECLARATION of Shaun Morgan in Support of Defendant Warren Pumps, LLC's Motions to Exclude and Limit Expert Testimony filed by Defendant Warren Pumps LLC re #470 MOTION to Exclude and Limit Expert Testimony (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)(Morgan, Shaun)
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Filing 474
NOTICE of Joinder JOINING #466 MOTION to Exclude Testimony of Robert W. Johnson, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 473
NOTICE of Joinder JOINING #465 MOTION to Exclude Lymph Node and Other Testimony of Ronald Gordon, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 472
NOTICE of Joinder JOINING #464 MOTION to Exclude Certain Testimony of Charles Cushing, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 471
NOTICE of Joinder JOINING #463 MOTION to Exclude Testimony of Barry Castleman, by Defendant Dana Companies, LLC. (Ricketts, Michael)
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Filing 470
MOTION to Exclude and Limit Expert Testimony, filed by Defendant Warren Pumps LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Morgan, Shaun)
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Filing 469
DECLARATION of Kevin J. Craig filed by Defendant Ingersoll Rand Company re #468 MOTION for Summary Judgment (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)(Tuvim, Mark)
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Filing 468
MOTION for Summary Judgment , filed by Defendant Ingersoll Rand Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/10/2018, (Tuvim, Mark)
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Filing 467
DECLARATION of Daniel K. Reising filed by Defendant Ford Motor Company re #466 MOTION to Exclude Testimony of Robert W. Johnson (Reising, Daniel)
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Filing 466
MOTION to Exclude Testimony of Robert W. Johnson, filed by Defendant Ford Motor Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Reising, Daniel)
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Filing 465
MOTION to Exclude Lymph Node and Other Testimony of Ronald Gordon, filed by Defendant Ford Motor Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Reising, Daniel)
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Filing 464
MOTION to Exclude Certain Testimony of Charles Cushing, filed by Defendant Ford Motor Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Reising, Daniel)
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Filing 463
MOTION to Exclude Testimony of Barry Castleman, filed by Defendant Ford Motor Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Reising, Daniel)
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Filing 462
DECLARATION of Diane J. Kero filed by Defendant Dana Companies, LLC re #461 MOTION to Exclude Plaintiff's Expert Ronald E. Gordon PhD's Undisclosed New Opinions Expressed in his Deposition Testimony of July 10, 2018 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, Part 1, #4 Exhibit Exhibit 3, Part 2, #5 Exhibit Exhibit 3, Part 3, #6 Exhibit Exhibit 3, Part 4, #7 Exhibit Exhibit 3, Part 5, #8 Exhibit Exhibit 3, Part 6, #9 Exhibit Exhibit 3, Part 7, #10 Exhibit Exhibit 3, Part 8, #11 Exhibit Exhibit 4, #12 Exhibit Exhibit 5, #13 Exhibit Exhibit 6)(Kero, Diane)
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Filing 461
MOTION to Exclude Plaintiff's Expert Ronald E. Gordon PhD's Undisclosed New Opinions Expressed in his Deposition Testimony of July 10, 2018, filed by Defendant Dana Companies, LLC. Noting Date 8/3/2018, (Kero, Diane)
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Filing 460
DECLARATION of Charles R. Cushing, PH.D., P.E. filed by Defendant Viad Corporation re #458 MOTION for Summary Judgment (Attachments: #1 Exhibit Exhibit 1 - April 17, 2018 Patrick A. Jack Report, #2 Exhibit Exhibit 1 - May 14, 2018 Supplement to Patrick A. Jack Report, #3 Exhibit Exhibit 1 - June 20, 2018 Second Supplemental Report Patrick A. Jack)(Gardner, Ronald)
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Filing 459
DECLARATION of Ronald C. Gardner filed by Defendant Viad Corporation re #458 MOTION for Summary Judgment (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-1, #11 Exhibit J-2, #12 Exhibit J-3, #13 Exhibit K-1, #14 Exhibit K-2, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q)(Gardner, Ronald)
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Filing 458
MOTION for Summary Judgment , filed by Defendant Viad Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order Proposed Order) Noting Date 8/10/2018, (Gardner, Ronald) Modified on 7/18/2018 to strike Oral Argument Requested as improper per LCR 7(b)(4). (PM).
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Filing 457
DECLARATION of Diane J. Kero filed by Defendant Dana Companies, LLC re #456 MOTION to Exclude Fitzgerald's Untimely Supplemental Report (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Part 1, #4 Exhibit Part 2, #5 Exhibit Part 3, #6 Exhibit Part 4, #7 Exhibit Part 5, #8 Exhibit Part 6, #9 Exhibit Part 7, #10 Exhibit Part 8)(Kero, Diane)
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Filing 456
MOTION to Exclude Fitzgerald's Untimely Supplemental Report, filed by Defendant Dana Companies, LLC. Noting Date 8/10/2018, (Kero, Diane)
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Filing 455
PRAECIPE re #453 MOTION for Summary Judgment by Defendant Pneumo Abex LLC (Attachments: #1 Exhibit Corrected Motion for Summary Judgment)(Kero, Diane)
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Filing 454
DECLARATION of Diane J. Kero filed by Defendant Pneumo Abex LLC re #453 MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kero, Diane)
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Filing 453
MOTION for Summary Judgment , filed by Defendant Pneumo Abex LLC. Oral Argument Requested. Noting Date 8/3/2018, (Kero, Diane)
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Noting Date Reset per LCR 7(d)(3) and per direction of chambers: re Defendant Pneumo Abex LLC's #453 MOTION for Summary Judgment: Noting Date 8/10/2018. (PM)
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Filing 452
DECLARATION of Shaun Morgan in Support of Defendant Warren Pumps, LLC's Motion for Summary Judgment filed by Defendant Warren Pumps LLC re #451 MOTION for Summary Judgment Defendant Warren Pumps LLC's Motion for Summary Judgment (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)(Morgan, Shaun)
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Filing 451
MOTION for Summary Judgment Defendant Warren Pumps LLC's Motion for Summary Judgment, filed by Defendant Warren Pumps LLC. Oral Argument Requested. Noting Date 8/3/2018, (Morgan, Shaun)
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Filing 450
DECLARATION of Mark J. Fucile Supporting Defendant Ford Motor Company's Motion for Partial Summary Judgment filed by Defendant Ford Motor Company re #449 MOTION for Partial Summary Judgment (Fucile, Mark)
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Filing 449
MOTION for Partial Summary Judgment , filed by Defendant Ford Motor Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/3/2018, (Fucile, Mark)
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Filing 448
STIPULATION AND ORDER of Dismissal of Foster Wheeler LLC re parties' #447 Stipulation. All of Plaintiff's claims against Foster Wheeler LLC only are hereby dismissed with prejudice and without costs as to any party. The pending motion for summary judgment (Dkt No. #430 ) is denied as moot. Signed by Judge James L. Robart. (TH)
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Filing 447
STIPULATION AND PROPOSED ORDER of Dismissal of Foster Wheeler LLC by parties (Marks, Christopher)
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Filing 446
STIPULATION AND ORDER to extend time re defendant DCo and plaintiffs' #445 Stipulation; the discovery deadline for the deposition of DCo's representative is extended to 7/31/2018, by Judge James L. Robart. (SWT)
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Filing 445
STIPULATION AND PROPOSED ORDER for Extension of Time to Extend to Take the Deposition of DCo LLC by parties (Kero, Diane)
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Filing 444
DISCLOSURE OF EXPERT WITNESSES Filed (rebuttal) by Defendant Ford Motor Company.(Fucile, Mark) Modified docket text on 7/5/2018 (SWT).
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Filing 443
STIPULATION AND ORDER dismissing without prejudice Plaintiff's claims against Defendant Flowserve US Inc. Flowserve US Inc.'s #437 MOTION for Summary Judgment is denied as moot. Signed by Judge James L. Robart. (PM)
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Filing 442
STIPULATION AND PROPOSED ORDER of Dismissal as to Flowserve US Inc. Only without prejudice by parties (Carlton, Marc)
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Filing 441
STIPULATION AND ORDER dismissing Defendant IMO Industries Inc. with prejudice and without costs to either party. Signed by Judge James L. Robart. (PM)
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Filing 440
STIPULATION AND PROPOSED ORDER of Dismissal of IMO Industries, Inc. by parties (Ricketts, Michael)
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Filing 439
STIPULATION AND ORDER dismissing Plaintiffs' claims against Defendant Velan Valve Corporation without prejudice. Signed by Judge James L. Robart. (PM)
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Filing 438
DECLARATION of Marc M. Carlton filed by Defendant Flowserve US Inc re #437 MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Carlton, Marc)
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Filing 437
MOTION for Summary Judgment , filed by Defendant Flowserve US Inc. Oral Argument Requested. Noting Date 7/20/2018, (Carlton, Marc)
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Filing 436
STIPULATION AND PROPOSED ORDER of Dismissal of Velan Valve Corp. by parties (Tuvim, Mark)
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Filing 435
ANSWER to #253 Amended Complaint (Second Amended Complaint) by Borg-Warner Morse Tec LLC.(Ross, Richard)
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Filing 434
ORDER granting Plaintiffs' #402 Motion for Extension of Time to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion. The deadline to disclose Dr. Gordon's opinion and Dr. Brodkin's supplemental opinion is extended to June 11, 2018. Signed by Judge James L. Robart. (TH)
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Filing 433
DECLARATION of J. Thomas Schroppe filed by Defendant Foster Wheeler Energy Corporation re #430 MOTION for Summary Judgment (Marks, Christopher)
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Filing 432
DECLARATION of Larry K. Stimmel filed by Defendant Foster Wheeler Energy Corporation re #430 MOTION for Summary Judgment (Marks, Christopher)
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Filing 431
DECLARATION of Christopher S. Marks filed by Defendant Foster Wheeler Energy Corporation re #430 MOTION for Summary Judgment (Attachments: #1 Exhibit 1 of 3, #2 Exhibit 2 of 3, #3 Exhibit 3 of 3)(Marks, Christopher)
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Filing 430
MOTION for Summary Judgment , filed by Defendant Foster Wheeler Energy Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 7/13/2018, (Marks, Christopher)
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Filing 429
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Union Pacific Railroad Company.(Wackerbarth, Tim)
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Filing 428
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion) (Attachments: #1 Exhibit A-C)(Breen, Thomas)
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Filing 427
REPLY, filed by Plaintiffs David Jack, Leslie Jack, TO RESPONSE to #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion) (Breen, Thomas)
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Per counsel's request, notices of electronic filing will no longer be sent to defendant The William Powell Company. (SWT)
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Filing 426
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Viad Corporation. (Attachments: #1 Supplement Expert Report - Cushing)(Gardner, Ronald)
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Filing 425
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Viad Corporation.(Gardner, Ronald)
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Filing 424
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Viad Corporation. (Attachments: #1 Exhibit Expert Report - Sargent)(Gardner, Ronald)
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Filing 423
NOTICE of Joinder JOINING #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion), by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard)
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Filing 422
RESPONSE, by Defendant Warren Pumps LLC, to #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion). (Morgan, Shaun)
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Filing 421
STIPULATION AND ORDER for Extension of Time re defendants Ingersoll Rand and Velan Vale Corporation's #417 Stipulation; the discovery deadline for the deposition of expert Gail Stockman is EXTENDED to 6/22/2018, by Judge James L. Robart. (SWT)
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Filing 420
STIPULATION AND ORDER for Extension of Time re parties' #416 Stipulation; the discovery deadline for the deposition of Union Pacific's corporate representative may be EXTENDED to 7/18/2018, by Judge James L. Robart. (SWT)
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Filing 419
RESPONSE, by Defendant Union Pacific Railroad Company, to #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion). (Odom, Jeffrey)
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Filing 418
AMENDMENT to #328 Disclosure of Expert Witnesses, by Defendant Honeywell International Inc (Gaston, Mary)
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Filing 417
STIPULATION AND PROPOSED ORDER for Extension of Time by parties (Tuvim, Mark)
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Filing 416
STIPULATION AND PROPOSED ORDER for Extension of Time to Take the Deposition of Union Pacific Railroad Company's Corporate Representative by parties (Wackerbarth, Tim)
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Filing 415
ORDER dismissing Defendant Crosby Valve, LLC without prejudice per #413 Stipulated Motion. Signed by Judge James L. Robart. (PM)
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Filing 414
STIPULATION AND ORDER dismissing Defendant The Wm. Powell Company with prejudice; denying as moot Defendant The Wm. Powell Company's #369 MOTION for Summary Judgment. Signed by Judge James L. Robart. (PM)
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Filing 413
Stipulated MOTION Dismissing Defendant Crosby Valve, filed by Defendant Crosby Valve Inc. Noting Date 6/22/2018, (Gardner, Ronald)
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Filing 412
STIPULATION AND ORDER dismissing without prejudice all Plaintiff's claims and causes of action against Defendant Gardner-Denver Inc. Signed by Judge James L. Robart. (PM)
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Filing 411
PROPOSED ORDER (Unsigned) Stipulation and Order of Dismissal with Prejudice as to Defendant The Wm. Powell Company (Hicks, James)
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Filing 410
STIPULATION AND PROPOSED ORDER of Dismissal Without Prejudice by parties (Bosworth, Claude)
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Filing 409
NOTICE to Withdraw Pending Motion re #383 MOTION for Summary Judgment ; by Defendant Gardner-Denver Inc. (Bosworth, Claude)
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Filing 408
PRAECIPE re #406 Stipulation & Proposed Order for Extension of Time to Extend to Take the Deposition of DCo LLC's Corporate Representative by Defendant Dana Companies, LLC (Attachments: #1 Corrected Stipulation & Proposed Order)(Kero, Diane)
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Filing 407
STIPULATION AND ORDER extending to July 30, 2018, the discovery deadline for the deposition of DCo's corporate representative, Marcy Duncan. Signed by Judge James L. Robart. (PM)
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Filing 406
STIPULATION AND PROPOSED ORDER for Extension of Time to Extend to Take the Deposition of DCo LLC's Corporate Representative by parties (Kero, Diane)
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Filing 405
RESPONSE, by Defendant Ford Motor Company, to #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion). (Fucile, Mark)
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Filing 404
NOTICE of Change of Address/Change of Name of Attorney Richard D Ross. Filed by Defendant Borg-Warner Morse Tec LLC. (Ross, Richard) Modified address for Richard Ross and Michael Madderra on 6/11/2018 (DS).
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Filing 403
DECLARATION of Benjamin H. Adams filed by Plaintiffs David Jack, Leslie Jack re #402 MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion) (Attachments: #1 Exhibits A - E)(Breen, Thomas)
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Filing 402
MOTION for Extension of Time (Plaintiffs' Motion to Extend Deadline to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion), filed by Plaintiffs David Jack, Leslie Jack. (Attachments: #1 Proposed Order) Noting Date 6/15/2018, (Breen, Thomas)
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Filing 401
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Kelsey-Hayes Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Steele, Katherine)
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Filing 400
STIPULATION AND ORDER dismissing Plaintiffs' claims against Defendant John Crane Inc. without prejudice. Signed by Judge James L. Robart. (PM)
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Filing 399
SUPPLEMENT FRCP 26(a)(2) Disclosure of Dominik Alexander by Defendant Pneumo Abex LLC (Kero, Diane)
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Filing 398
SUPPLEMENT FRCP 26(a)(2) Disclosure of Dominik Alexander by Defendant Dana Companies, LLC (Kero, Diane)
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Filing 397
STIPULATION AND PROPOSED ORDER FOR MOTION OF DISMISSAL OF DEFENDANT JOHN CRANE, INC. by parties (Ross, Richard)
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Defendant Asbestos Corporation Ltd. terminated per its Notice of Settlement and Striking Motion for Protective Order (Dkt. #396 ). (AD)
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***Motion terminated: #391 MOTION for Protective Order filed by Asbestos Corporation Ltd. per #396 Notice of Settlement and Striking Motion for Protective Order. (PM)
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Filing 396
NOTICE of Settlement and Striking Motion for Protective Order by Defendant Asbestos Corporation Ltd (Tuvim, Mark)
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Filing 395
ORDER granting Defendant BorgWarner Morse Tec, Inc.'s #380 Motion to Extend Deadline to Serve Written Discovery Upon Plaintiffs. Defendant BorgWarner has until May 22, 2018 to serve its Interrogatories, Requests for Production and Requests for Admission on Plaintiffs. Plaintiffs will have 30 days to respond to the written discovery. Signed by Judge James L. Robart. (PM)
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Filing 394
ORDER granting Defendant John Crane, Inc.'s #378 Stipulated Motion to Extend Deadline to Serve Written Discovery. Defendant JCI has until May 22, 2018 to serve its Interrogatories, Requests for Production and Requests for Admission on Plaintiffs. Plaintiffs will have 30 days to respond to the written discovery. Signed by Judge James L. Robart. (PM) Modified on 6/1/2018 to add name of party who filed the motion (PM).
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NOTICE of Docket Text Modification re #394 Order on Motion for Extension of Time: edited text to identify name of party (John Crane, Inc.) who filed the motion. (PM)
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Filing 393
DECLARATION of Kevin J. Craig filed by Defendant Asbestos Corporation Ltd re #391 MOTION for Protective Order (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)(Tuvim, Mark)
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Filing 392
DECLARATION of Mark B. Tuvim filed by Defendant Asbestos Corporation Ltd re #391 MOTION for Protective Order (Tuvim, Mark)
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Filing 391
MOTION for Protective Order , filed by Defendant Asbestos Corporation Ltd. (Attachments: #1 Proposed Order) Noting Date 6/8/2018, (Tuvim, Mark)
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Filing 390
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Union Pacific Railroad Company.(Wackerbarth, Tim)
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Filing 389
RESPONSE, by Plaintiffs David Jack, Leslie Jack, to #380 MOTION for Extension of Time to Serve Written Discovery Upon Plaintiffs, #378 MOTION for Extension of Time to Serve Written Discovery Upon Plaintiffs. (Breen, Thomas)
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Filing 388
ORDER re #387 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert H Berkes for Defendant Union Pacific Railroad Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 387
APPLICATION OF ATTORNEY Richard H. Berkes FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Union Pacific Railroad Company (Fee Paid) Receipt No. 0981-5332285 (Wackerbarth, Tim)
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Filing 386
NOTICE of Association of Attorney by Malika Johnson on behalf of Defendant Foster Wheeler Energy Corporation. (Johnson, Malika)
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Filing 385
STIPULATION AND ORDER of Dismissal as to Defendant Nash Engineering Company re parties' #382 Stipulation; denying as moot Defendant Nash Engineering Company's #360 Motion for Summary Judgment, signed by Judge James L. Robart.(SWT) (The Nash Engineering Company terminated)
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Filing 384
DECLARATION of Claude Bosworth in Support of Defendant Gardner Denver, Inc.'s Motion for Summary Judgment filed by Defendant Gardner-Denver Inc re #383 MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Bosworth, Claude)
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Filing 383
MOTION for Summary Judgment , filed by Defendant Gardner-Denver Inc. Oral Argument Requested. Noting Date 6/15/2018, (Bosworth, Claude)
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Filing 382
STIPULATION AND PROPOSED ORDER of Dismissal as to The Nash Engineering Company by parties (Kopij, Dana)
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Filing 381
DECLARATION of Richard D. Ross filed by Defendant Borg-Warner Morse Tec LLC re #380 MOTION for Extension of Time to Serve Written Discovery Upon Plaintiffs (Attachments: #1 Exhibit A - C)(Ross, Richard)
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Filing 380
MOTION for Extension of Time to Serve Written Discovery Upon Plaintiffs, filed by Defendant Borg-Warner Morse Tec LLC. (Attachments: #1 Proposed Order) Noting Date 6/1/2018, (Ross, Richard)
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Filing 379
DECLARATION of Richard D. Ross filed by Defendant John Crane Inc re #378 MOTION for Extension of Time to Serve Written Discovery Upon Plaintiffs (Attachments: #1 Exhibit A - C)(Ross, Richard)
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Filing 378
MOTION for Extension of Time to Serve Written Discovery Upon Plaintiffs, filed by Defendant John Crane Inc. (Attachments: #1 Proposed Order) Noting Date 6/1/2018, (Ross, Richard)
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Filing 377
SUPPLEMENT re #294 Disclosure of Expert Witnesses Mary Finn PhD, MPH, CIH, CPH by Defendant Dana Companies, LLC (Attachments: #1 Exhibit)(Kero, Diane)
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Filing 376
SUPPLEMENT re #294 Disclosure of Expert Witnesses David Weill MD by Defendant Dana Companies, LLC (Attachments: #1 Exhibit)(Kero, Diane)
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Filing 375
SUPPLEMENT re #295 Disclosure of Expert Witnesses Mary Finn PhD, MPH, CIH, CPH by Defendant Pneumo Abex LLC (Attachments: #1 Exhibit)(Kero, Diane)
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Filing 374
SUPPLEMENT re #295 Disclosure of Expert Witnesses David Weill MD by Defendant Pneumo Abex LLC (Attachments: #1 Exhibit)(Kero, Diane)
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Filing 373
PRAECIPE to attach document (Praecipe to Attach Document) Requesting Oral Argument re #369 MOTION for Summary Judgment by Defendant The William Powell Company (Hicks, James)
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Filing 372
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Brian D Zeringer for Defendants CBS Corporation, Foster Wheeler Energy Corporation, General Electric Company. (Zeringer, Brian)
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Filing 371
ORDER re #370 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katherine A. Lawler for Defendant Ingersoll Rand Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 370
APPLICATION OF ATTORNEY Katherine A. Lawler FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Ingersoll Rand Company (Fee Paid) Receipt No. 0981-5326281 (Tuvim, Mark)
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Filing 369
MOTION for Summary Judgment , filed by Defendant The William Powell Company. (Attachments: #1 Supplement, #2 Proposed Order) Noting Date 5/18/2018, (Hicks, James)
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Noting Date Reset per chambers' direction re #369 MOTION for Summary Judgment : Noting Date 6/15/2018, (SWT)
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Filing 368
STIPULATION AND ORDER of Dismissal as to Defendant Carrier Corporation re parties' #367 Stipulation. The Court hereby ORDERS that all claims against defendant Carrier Corporation only are hereby dismissed with prejudice and without costs to any party. Signed by Judge James L. Robart. (TH)
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Filing 367
STIPULATION AND PROPOSED ORDER of Dismissal as to Defendant Carrier Corporation by parties (Vollans, Ryan)
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Filing 366
ORDER re #364 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Carrie S Lin for Defendant John Crane Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 365
STIPULATION AND ORDER of Dismissal of Weir Valves & Controls USA, Inc. re parties' #363 Stipulation. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiffs' claims against defendant Weir Valves & Controls USA, Inc. d/b/a Atwood & Morrill Co., Inc., are dismissed in their entirety with prejudice and without costs to either party, reserving to plaintiffs all of plaintiffs' right of action, claims, and demands against any and all other parties. Signed by Judge James L. Robart. (TH)
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Filing 364
APPLICATION OF ATTORNEY Carrie S. Lin FOR LEAVE TO APPEAR PRO HAC VICE for Defendant John Crane Inc (Fee Paid) Receipt No. 0981-5321425 (Ross, Richard)
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Filing 363
STIPULATION AND PROPOSED ORDER of Dismissal of Weir Valves & Controls USA, Inc. d/b/a Atwood & Morrill Co., Inc. by parties (Kopij, Dana)
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Filing 362
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Bennett J Hansen; David E Chawes and William E. Fitzharris, Jr for Defendant Armstrong International Inc. (Chawes, David)
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Filing 361
DECLARATION of Dana C. Kopij ISO Nash Engineering's MSJ filed by Defendant The Nash Engineering Company re #360 MOTION for Summary Judgment (Kopij, Dana)
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Filing 360
MOTION for Summary Judgment , filed by Defendant The Nash Engineering Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 6/1/2018, (Kopij, Dana)
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Filing 359
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant John Crane Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ross, Richard)
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Filing 358
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant John Crane Inc. Borg-Warner Morse TEC LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ross, Richard) Modified on 5/7/2018 (PS).
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Filing 357
ERRATA re #332 Disclosure of Expert Witnesses by Defendant John Crane Inc (Attachments: #1 Exhibit A)(Ross, Richard)
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***Motion terminated: Defendant Armstrong International, Inc.'s MOTION for Summary Judgment (Dkt. #282 ). Motion terminated per the Order of 5/4/18 (Dkt. #356 ). (AD)
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NOTICE of Docket Text Modification re #358 Disclosure of Expert Witnesses : Amended docket text to correctly indicate filing defendant Borg-Warner Morse TEC LLC, at counsel request. (PS)
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Filing 356
STIPULATION AND ORDER Dismissing Defendant Armstrong International, Inc. re parties' #355 Stipulation. The Court ORDERS that all claims brought against defendant Armstrong International, Inc., are dismissed without prejudice and without an award of attorneys' fees, expenses or costs to any party. Signed by Judge James L. Robart. (TH)
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Filing 355
STIPULATION AND PROPOSED ORDER Dismissing Defendant Armstrong International, Inc. by parties (Chawes, David)
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Filing 354
SUPPLEMENT to Disclosure of Dr. James Crapo by Defendant Crosby Valve Inc (Attachments: #1 Exhibit Exhibit 1)(Gardner, Ronald)
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Filing 353
ORDER re #352 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney William D Harvard for Defendant CBS Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 352
APPLICATION OF ATTORNEY William Davis Harvard FOR LEAVE TO APPEAR PRO HAC VICE for Defendant CBS Corporation (Fee Paid) Receipt No. 0981-5302431 (Marks, Christopher)
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Filing 351
PRAECIPE to attach document (Expert Report) re #350 Disclosure of Expert Witnesses by Defendant Union Pacific Railroad Company (Wackerbarth, Tim)
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Filing 350
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Union Pacific Railroad Company.(Wackerbarth, Tim)
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Filing 349
SUPPLEMENT re #301 Disclosure of Expert Witnesses Defendant Warren Pumps, LLC's Second Supplemental Expert Disclosure Pursuant to FRCP 26(a)(2) - Victor Roggli, M.D. by Defendant Warren Pumps LLC (Attachments: #1 Exhibit 1)(Eraut, Allen)
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Filing 348
ORDER granting Defendant Crosby Valves' #284 Motion for Deadline Extension to Disclose Expert Witness Victor Roggli; granting all pending motions for joinder, #296 , #302 , #329 , #330 . Signed by Judge James L. Robart. (PM)
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Filing 347
REPLY, filed by Defendant Crosby Valve Inc, TO RESPONSE to #284 MOTION Deadline extension to Disclose Expert Witness Victor Goggli (Attachments: #1 Proposed Order)(Gardner, Ronald)
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Filing 346
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Velan Valve Corporation. (Attachments: #1 Exhibit E)(Tuvim, Mark)
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Filing 345
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Asbestos Corporation Ltd. (Attachments: #1 Exhibit E)(Tuvim, Mark)
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Filing 344
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Ingersoll Rand Company. (Attachments: #1 Exhibit E)(Tuvim, Mark)
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Filing 343
SUPPLEMENT re #321 Disclosure of Expert Witnesses Supplementing Disclosure of Victor Roggli, MD by Defendant Armstrong International Inc (Chawes, David)
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Filing 342
SUPPLEMENT to Disclose Expert Witness Victor Goggli by Defendant Viad Corporation (Attachments: #1 Exhibit Fiber Analysis Report)(Gardner, Ronald)
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Filing 341
SUPPLEMENT to Disclose Expert Witness Victor Goggli by Defendant Crosby Valve Inc (Attachments: #1 Exhibit Fiber Analysis Report)(Gardner, Ronald)
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Filing 340
REPLY, filed by Defendant Crosby Valve Inc, TO RESPONSE to #284 MOTION Deadline extension to Disclose Expert Witness Victor Goggli (Attachments: #1 Exhibit)(Gardner, Ronald)
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Filing 339
PRAECIPE to attach document (Addendum to Exhibit 2 (signature page)) Peter C. English re #328 Disclosure of Expert Witnesses, by Defendant Honeywell International Inc (Gaston, Mary)
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Filing 338
STIPULATION AND ORDER dismissing Defendant Uniroyal Holding Inc. without prejudice. Signed by Judge James L. Robart. (PM)
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Filing 337
PRAECIPE to attach document (Exhibit 5 last 4 pages) re #321 Disclosure of Expert Witnesses by Defendant Armstrong International Inc (Attachments: #1 Exhibit)(Chawes, David)
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Filing 336
ORDER re: #331 Stipulated Motion to Extend Expert Disclosure Deadline for Expert John Henshaw. The current deadline of 4/18/2018 to extended to 5/9/2018. Signed by Judge James L. Robart. (PM)
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Filing 335
STIPULATION AND PROPOSED ORDER DISMISSING DEFENDANT UNIROYAL HOLDING, INC. by parties (Youtz, Chris)
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Filing 334
STIPULATION AND ORDER extending expert disclosure deadline re parties' #287 Stipulation; Disclosure of Expert Testimony with respect to Defendant's expert, Dr. Godwin, is EXTENDED to 5/2/2018, signed by Judge James L. Robart. (SWT)
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Filing 333
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Borg-Warner Morse Tec LLC. (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)(Ross, Richard)
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Filing 332
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant John Crane Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Ross, Richard)
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Filing 331
Unopposed Stipulated MOTION Extending Expert Disclosure Deadline for Expert John Henshaw, filed by Defendant John Crane Inc. Noting Date 4/30/2018, (Ross, Richard)
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Filing 330
MOTION for Joinder in Crosby Valves's #284 Motion for Deadline Extension to Disclose Expert Witness Roggli, filed by Defendant John Crane Inc. Noting Date 4/27/2018, (Ross, Richard) Modified on 4/19/2018 to create a dkt. relationship with the motion [284(PM).
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Filing 329
MOTION for Joinder in Crosby Valves's #284 Motion for Deadline Extension to Disclose Expert Witness Roggli, filed by Defendant Borg-Warner Morse Tec LLC. Noting Date 4/27/2018, (Ross, Richard) Modified on 4/19/2018to create a dkt. relationship with Motion for extension #284 (PM).
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Filing 328
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Honeywell International Inc. (Attachments: #1 Exhibit 1,- Alexander, #2 Exhibit 2.-English, #3 Exhibit 3. - Marano, #4 Exhibit 4. - Wasson, #5 Exhibit 5. - Weill, #6 Exhibit 6. - Fletcher)(Gaston, Mary)
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Filing 327
NOTICE of Joinder JOINING #284 MOTION Deadline extension to Disclose Expert Witness Victor Goggli, by Defendants Asbestos Corporation Ltd, Ingersoll Rand Company, Velan Valve Corporation. (Tuvim, Mark)
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Filing 326
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Union Pacific Railroad Company. (Attachments: #1 Exhibit)(Odom, Jeffrey)
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Filing 325
NOTICE of Joinder in MW Custom's Stipulation and Proposed Order Extending Expert Disclosure Deadine for Dr. Godwin Report re #287 Stipulation ; filed by Defendants Asbestos Corporation Ltd, Ingersoll Rand Company, Velan Valve Corporation. (Tuvim, Mark)
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Filing 324
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant MeadWestvaco Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Steele, Katherine)
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Filing 323
NOTICE of Joinder JOINING #302 MOTION for Joinder in Crosby Valves' #284 Motion for Deadline Extension to Disclose Expert Witness Victor Roggli, by Defendant Union Pacific Railroad Company. (Odom, Jeffrey) Modified on 4/19/2018 to create dkt. relationship with Motion #284 (PM).
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Filing 322
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Kelsey-Hayes Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Steele, Katherine)
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Filing 321
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Armstrong International Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Chawes, David)
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Filing 320
PRAECIPE re #253 Amended Complaint by Plaintiffs David Jack, Leslie Jack (Attachments: #1 Declaration and Second Amended Complaint)(Breen, Thomas)
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Filing 319
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Viad Corporation. (Attachments: #1 Expert Report - Cushing)(Gardner, Ronald)
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Filing 318
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Crosby Valve Inc. (Attachments: #1 Statement of Service - Crapo, #2 Report - Crapo, #3 Curriculum Vitae - Crapo, #4 Meso Biography - Crapo, #5 Testimony List - Crapo)(Gardner, Ronald)
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Filing 317
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Crosby Valve Inc. (Attachments: #1 Testimony List, #2 Curriculum Vitae, #3 Expert Report)(Gardner, Ronald)
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Filing 316
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Crosby Valve Inc. (Attachments: #1 Summary Report)(Gardner, Ronald)
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Filing 315
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Crosby Valve Inc. (Attachments: #1 Report on Causation, #2 Diagnostic Report, #3 Curriculum Vitae, #4 Standard Operating Procedures, #5 Trial Testimony List)(Gardner, Ronald)
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Filing 314
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Velan Valve Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tuvim, Mark)
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Filing 313
SUPPLEMENT re #301 Disclosure of Expert Witnesses Supplemental Expert Disclosure of Victor Roggli by Defendant Warren Pumps LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Eraut, Allen)
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Filing 312
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Ingersoll Rand Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Complaint C, #4 Exhibit D)(Tuvim, Mark)
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Filing 311
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant The Nash Engineering Company.(Kopij, Dana)
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Filing 310
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant The Nash Engineering Company.(Kopij, Dana)
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Filing 309
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Asbestos Corporation Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tuvim, Mark)
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Filing 308
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant The Nash Engineering Company.(Kopij, Dana)
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Filing 307
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Crane Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Shaw, G)
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Filing 306
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Gardner-Denver Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Bosworth, Claude)
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Filing 305
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Gardner-Denver Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Bosworth, Claude)
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Filing 304
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Gardner-Denver Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Bosworth, Claude)
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Filing 303
NOTICE of Joinder JOINING #284 MOTION Deadline extension to Disclose Expert Witness Victor Goggli, by Defendant Warren Pumps LLC. (Eraut, Allen)
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Filing 302
MOTION for Joinder in Crosby Valves' #284 Motion for Deadline Extension to Disclose Expert Witness Victor Roggli, filed by Defendant Armstrong International Inc. Noting Date 4/27/2018, (Chawes, David) Modified on 4/19/2018 to add docket relationship link to motion #284 (PM).
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Filing 301
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Warren Pumps LLC.(Eraut, Allen)
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Filing 300
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Warren Pumps LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eraut, Allen)
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Filing 299
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Warren Pumps LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eraut, Allen)
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Filing 298
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Warren Pumps LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eraut, Allen)
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Filing 297
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Warren Pumps LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eraut, Allen)
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Filing 296
MOTION for Joinder in Defendant Crosby Valves' Motion for Deadline Extension to Disclose Expert Witness Victor Roggli, filed by Defendant Kelsey-Hayes Company. Oral Argument Requested. Noting Date 4/27/2018, (Steele, Katherine)
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Filing 295
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Pneumo Abex LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kero, Diane)
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Filing 294
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Dana Companies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kero, Diane)
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Filing 293
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Flowserve US Inc. (Attachments: #1 Exhibit 1 (Taylor))(Carlton, Marc)
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Filing 292
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Flowserve US Inc. (Attachments: #1 Exhibit 1 (Rabinovitz), #2 Exhibit 2 (Rabinovitz), #3 Exhibit 3 (Rabinovitz), #4 Exhibit 4 (Rabinovitz))(Carlton, Marc)
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Filing 291
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Flowserve US Inc. (Attachments: #1 Exhibit 1 (Cornwall), #2 Exhibit 2 (Cornwall), #3 Exhibit 3 (Cornwall))(Carlton, Marc)
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Filing 290
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Report of Dr. Pamela Williams)(Fucile, Mark)
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Filing 289
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Report of Dr. Suresh Moolgavkar)(Fucile, Mark)
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Filing 288
DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Report of Dr. Andrew Churg)(Fucile, Mark)
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Filing 287
STIPULATION AND PROPOSED ORDER Extending Expert Disclosure Deadline for Dr. Godwin Report by parties (Steele, Katherine)
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Filing 286
RESPONSE, by Defendant Ford Motor Company, to #284 MOTION Deadline extension to Disclose Expert Witness Victor Goggli. (Fucile, Mark)
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Filing 285
DECLARATION of Ronald C. Gardner filed by Defendant Crosby Valve Inc re #284 MOTION Deadline extension to Disclose Expert Witness Victor Goggli (Gardner, Ronald)
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Filing 284
MOTION Deadline extension to Disclose Expert Witness Victor Goggli, filed by Defendant Crosby Valve Inc. (Attachments: #1 Proposed Order) Noting Date 4/27/2018, (Gardner, Ronald)
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Filing 283
DECLARATION of David E. Chawes filed by Defendant Armstrong International Inc re #282 MOTION for Summary Judgment (Chawes, David)
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Filing 282
MOTION for Summary Judgment , filed by Defendant Armstrong International Inc. (Attachments: #1 Proposed Order) Noting Date 5/11/2018, (Chawes, David)
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Filing 281
ORDER re #280 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lisa W Shirley for Plaintiffs David Jack and Leslie Jack, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 280
APPLICATION OF ATTORNEY Lisa White Shirley FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs David Jack, Leslie Jack (Fee Paid) Receipt No. 0981-5277463 (Breen, Thomas)
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Filing 279
STIPULATION AND ORDER dismissing without prejudice all claims against Defendant Aurora Pump Company. Signed by Judge James L. Robart. (PM)
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Filing 278
STIPULATION AND ORDER dismissing with prejudice all claims against Defendant Genuine Parts Company. Signed by Judge James L. Robart. (PM)
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Filing 277
STIPULATION AND PROPOSED ORDER as to Defendant Aurora Pump Company by parties (Loftis, Jeanne)
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Filing 276
STIPULATION AND PROPOSED ORDER as to Defendant Genuine Parts Company by parties (Loftis, Jeanne)
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Filing 275
LETTER from Diane J. Kero re 269 Status Conference,,, (Kero, Diane)
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Filing 274
LETTER from Counsel for Plaintiffs and Counsel for DCo LLC (fka Dana Companies, LLC) re 269 Status Conference,,, (Letter to Judge James L. Robart) (Breen, Thomas)
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Filing 273
ORDER granting Defendant Crosby Valves' #270 Motion to conduct fiber burden study. Signed by Judge James L. Robart. (PM)
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Filing 272
ANSWER to #253 Amended Complaint by Warren Pumps LLC.(Eraut, Allen)
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Filing 271
DECLARATION of Victor Roggli, M.D. filed by Defendant Crosby Valve Inc re #270 MOTION Order allowing Dr. Victor Roggli to perform tissue digestion and fiber burden analysis studies on the preserved lung tissue of Patrick Jack. (Attachments: #1 Exhibit A)(Gardner, Ronald)
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Filing 270
MOTION Order allowing Dr. Victor Roggli to perform tissue digestion and fiber burden analysis studies on the preserved lung tissue of Patrick Jack. , filed by Defendant Crosby Valve Inc. (Attachments: #1 Proposed Order) Noting Date 3/30/2018, (Gardner, Ronald)
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Filing 269
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Thomas Breen; Def Counsel: Kristine Krueger for Honeywell International; Diane Kero for Pneumo Abex LLC and DCo LLC; Marc Fucile for Ford Motor Company; Bill Shaw for Crane Co.; Mac Brown for MW Custom Papers and Kelsey-Hayes Company; CR: Andrea Ramirez; Status Conference held on 3/21/2018. The court hears from counsel re: status of case and deadlines. If the discovery dispute raised by Defendants Pneumo Abex, LLC and DCo, LLC f/k/a Dana Companies, LLC is not resolved by early next week, the parties are to file letters of no more than two pages by the close of business on Wednesday, March 28, 2018. The court modifies length of trial. Each side, not party, will have 23 hours of trial time, for a total trial length of 9 days. The court advances the deposition designation deadline to September 14, 2018. (AD)
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Filing 268
STIPULATION AND ORDER dismissing all claims without prejudice against Defendants Parker Hannifin Corporation and Standard Motor Products Inc. Signed by Judge James L. Robart. (PM)
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Filing 267
NOTICE of Appearance by attorney Trevor J. Mohr on behalf of Defendants Asbestos Corporation Ltd, Ingersoll Rand Company, Velan Valve Corporation. (Mohr, Trevor)
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Filing 266
STIPULATION AND PROPOSED ORDER of Dismissal as to Defendants Standard Motor Products, Inc. and Parker-Hannifin Corporation by parties (MacKenzie, Nicole)
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Filing 265
ANSWER to #253 Amended Complaint by Dana Companies, LLC.(Kero, Diane)
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Filing 264
ANSWER to #253 Amended Complaint by Pneumo Abex LLC.(Kero, Diane)
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Filing 263
ANSWER to #253 Amended Complaint by Honeywell International Inc.(Kruger, Kristine)
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Filing 262
ANSWER to #253 Amended Complaint with JURY DEMAND by Union Pacific Railroad Company.(Wackerbarth, Tim)
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Filing 261
ANSWER to #253 Amended Complaint for Personal Injury with JURY DEMAND by Crosby Valve Inc.(Gardner, Ronald)
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Attorney Ryan J Groshong added as counsel for Defendant Crane Co per #259 Answer to Second Amended Complaint. (PM)
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Filing 260
NOTICE of Change of Address/Change of Name of Attorney Christopher S Marks. Filed by Defendants CBS Corporation, Foster Wheeler Energy Corporation, General Electric Company. (Marks, Christopher)
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Filing 259
ANSWER to #253 Amended Complaint and Affirmative Defenses by Crane Co.(Shaw, G)
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Filing 258
ANSWER to #253 Amended Complaint with JURY DEMAND by Armstrong International Inc.(Chawes, David)
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Filing 257
NOTICE of Association of Attorney by Bennett J Hansen on behalf of Defendant Armstrong International Inc. (Hansen, Bennett)
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Filing 256
NOTICE of Association of Attorney by William E. Fitzharris, Jr on behalf of Defendant Armstrong International Inc. (Fitzharris, William)
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Filing 255
ANSWER to #253 Amended Complaint with JURY DEMAND by Ford Motor Company.(Fucile, Mark)
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Filing 254
ANSWER to #253 Amended Complaint and Affirmative Defenses with JURY DEMAND by Flowserve US Inc.(Carlton, Marc)
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Filing 253
Second AMENDED COMPLAINT against All Defendants with JURY DEMAND Attorney Thomas J. Breen added to party David Jack(pty:pla), filed by Leslie Jack, David Jack.(Breen, Thomas)
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Filing 252
STIPULATION AND ORDER for filing of Second Amended Complaint re parties' #251 Stipulation; Plaintiffs may file without leave of court a Second Amended Complaint, by Judge James L. Robart. (SWT)
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Filing 251
STIPULATION AND PROPOSED ORDER for Filing of Second Amended Complaint by parties re #1 Complaint,,,,,,, (Breen, Thomas)
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Filing 250
STIPULATION AND ORDER OF DISMISSAL without prejudice as to Defendant Autosales Incorporated. Signed by Judge James L. Robart. (PM)
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Filing 249
STIPULATION AND PROPOSED ORDER of Dismissal as to Defendant Autosales Incorporated d/b/a Summit Racing Equipment by parties (MacKenzie, Nicole)
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Filing 248
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Ethan M. Kutinsky for Defendant Honeywell International Inc. (Kruger, Kristine)
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Filing 247
ORDER granting #245 Motion to Withdraw as Attorney. Attorney Barry Neal Mesher, Alice Coles Serko and Sedgwick LLP are terminated as counsel for Crosby Valve, LLC. Signed by Judge James L. Robart. (PM)
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Filing 246
ORDER granting #242 Motion to Withdraw as Attorney. Chris S. Marks, Erin P. Fraser and Sedgwick LLP are withdrawn as counsel for General Electric Company, CBS Corporation and Foster Wheeler Energy Corporation. These Defendants will now be represented by Chris S. Marks and Erin P. Fraser of Tanenbaum Keale LLP. Signed by Judge James L. Robart. (PM)
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Filing 245
MOTION to Withdraw as Attorney and Substitution of Counsel, filed by Defendant Crosby Valve Inc. (Attachments: #1 Proposed Order) Noting Date 1/12/2018, (Mesher, Barry)
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Filing 244
NOTICE of Appearance by attorney Ronald C Gardner on behalf of Defendant Crosby Valve Inc. (Gardner, Ronald)
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Filing 243
ORDER denying attorneys Barry Mesher and Alice Serko's #241 Motion to Withdraw of Counsel. Motion is denied without prejudice to refiling motion with the deficiencies corrected. Signed by Judge James L. Robart. (PM)
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Filing 242
MOTION to Withdraw as Attorney and Substitution of Counsel, filed by Defendants CBS Corporation, Foster Wheeler Energy Corporation, General Electric Company. (Attachments: #1 Proposed Order) Noting Date 1/5/2018, (Marks, Christopher)
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Filing 241
MOTION to Withdraw as Attorney and Substitution of Counsel, filed by Defendant Crosby Valve Inc. (Attachments: #1 Proposed Order) Noting Date 1/5/2018, (Mesher, Barry)
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Filing 240
NOTICE of Association of Attorney by Tim D. Wackerbarth on behalf of Defendant Union Pacific Railroad Company. (Wackerbarth, Tim)
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Filing 239
ORDER re #236 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ryan T Moore for Defendant Union Pacific Railroad Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 238
ORDER re #235 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Viiu Spangler Khare for Defendant Union Pacific Railroad Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 237
CERTIFICATE of Good Standing re #235 Application for Leave to Appear Pro Hac Vice by Defendant Union Pacific Railroad Company (Wackerbarth, Tim)
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Filing 236
APPLICATION OF ATTORNEY Ryan T. Moore FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Union Pacific Railroad Company (Fee Paid) Receipt No. 0981-5126363 (Wackerbarth, Tim)
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Filing 235
APPLICATION OF ATTORNEY Viiu Spangler Khare FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Union Pacific Railroad Company (Fee Paid) Receipt No. 0981-5126361 (Wackerbarth, Tim)
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Filing 234
STIPULATION AND ORDER of Dismissal with Prejudice as to Crown Cork and Seal Company, Inc. Only; directing final judgment be entered dismissing all claims against the defendant; re parties' #233 Stipulated Motion, signed by Judge James L. Robart. (SWT) (Crown Cork & Seal Company Inc. terminated.)
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Filing 233
Stipulated Stipulated MOTION for Order to Dismiss with Prejudice ast to Crown Cork and Seal Company, Inc. Only, filed by Defendant Crown Cork & Seal Company Inc. (Mesher, Barry)
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Filing 232
ORDER re: Examination. Dr. Carl Wigren to perform the autopsy on 10/26/2017 at 9:00 a.m., or as soon thereafter on that date as Dr. Wigren is able to begin the examination. Examination is to take place at Tuell-McKee Funeral and Cremation Services. Signed by Judge James L. Robart. (PM)
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Filing 231
STATEMENT re #230 Order Required by Order Granting Emergency Motion for Preservation of Evidence by Defendant Genuine Parts Company (Hanrahan, Brendan)
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Filing 230
ORDER granting Defendants' #207 Emergency MOTION for Preservation of Evidence and ordering parties to confer and submit a joint statement confirming details of the examination. Signed by Judge James L. Robart. (PM)
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Filing 229
NOTICE of Joinder JOINING #207 Emergency MOTION Preservation of Evidence , by Defendant Crosby Valve Inc. (Mesher, Barry)
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Filing 228
Supplemental DECLARATION of Benjamin H. Adams filed by Plaintiffs Leslie Jack, Patrick Jack re #207 Emergency MOTION Preservation of Evidence (Breen, Thomas)
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Filing 227
RESPONSE, by Plaintiffs Leslie Jack, Patrick Jack, to #207 Emergency MOTION Preservation of Evidence . (Breen, Thomas)
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Filing 226
DECLARATION of Brendan Hanrahan's filed by Defendant Genuine Parts Company re #207 Emergency MOTION Preservation of Evidence (Hanrahan, Brendan)
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Filing 225
DECLARATION of Stanley J. Geyer, M.D. filed by Defendant Genuine Parts Company re #207 Emergency MOTION Preservation of Evidence (Hanrahan, Brendan)
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Filing 224
SUPPLEMENT re 221 Telephone Conference. Brief In Support of Emergency Motion for Preservation of Evidence (Dkt #207 ) by Defendant Genuine Parts Company (Hanrahan, Brendan) Modified on 10/23/2017 to create link to motion (PM).
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Filing 223
DECLARATION of Mark Tuvim re #222 Notice of Joinder by Defendants Asbestos Corporation Ltd, Ingersoll Rand Company, Velan Valve Corporation (Attachments: #1 Exhibit A)(Tuvim, Mark)
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Filing 222
NOTICE of Joinder JOINING #207 Emergency MOTION Preservation of Evidence , by Defendants Asbestos Corporation Ltd, Ingersoll Rand Company, Velan Valve Corporation. (Tuvim, Mark)
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Filing 221
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams, Thomas Breen; Def Counsel: Brendan Hanrahan for Genuine Parts Company; Katherine Steele for Kelsey-Hayes Company and MeadWestvaco Corporation; CR: Debbie Zurn; Telephone Conference held on 10/19/2017. The court hears from counsel re: Defendant Genuine Parts Company's Emergency Motion for Preservation of Evidence (Dkt. #207 ). For the reasons stated on the record, the court GRANTS in part, and DENIES in part Defendant's motion. The court grants a continuance of the TRO issued 10/18/17, and orders preservation of the body in whole until the court takes up Defendant's forthcoming motion to conduct further examination. The court directs Defendant to file its motion to conduct further examination, with the necessary support of medical affidavits, by close of business Friday, 10/20/17. Plaintiffs' response is due by noon on Monday, 10/23/17. (AD)
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Filing 220
ORDER re #216 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Charles W Branham, III for Plaintiffs Leslie Jack and Patrick Jack, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 219
PROPOSED ORDER (Unsigned) re #207 Emergency MOTION Preservation of Evidence (Breen, Thomas)
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Filing 218
DECLARATION of Benjamin H. Adams filed by Plaintiffs Leslie Jack, Patrick Jack re #207 Emergency MOTION Preservation of Evidence (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)(Breen, Thomas)
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Filing 217
RESPONSE, by Plaintiffs Leslie Jack, Patrick Jack, to #207 Emergency MOTION Preservation of Evidence . (Breen, Thomas)
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Attorney Ethan M. Kutinsky for Honeywell International Inc added; per #215 Notice of Appearance. (KB)
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Filing 216
APPLICATION OF ATTORNEY Charles W. Branham, III FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Leslie Jack, Patrick Jack (Fee Paid) Receipt No. 0981-5058219 (Breen, Thomas)
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Filing 215
NOTICE of Appearance by attorney Mary P Gaston on behalf of Defendant Honeywell International Inc. (Gaston, Mary)
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Filing 214
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Ben Adams; Def Counsel: Brendan Hanrahan for Defendant Genuine Parts Company; Rachel Tallon Reynolds for Defendants Kelsey-Hayes Company, MeadWestvaco Corporation; CR: Debbie Zurn; Telephone Conference held on 10/18/2017. The court hears from counsel re: Defendant Genuine Parts Company's Emergency Motion for Preservation of Evidence (Dkt. #207 ). The court issues a Temporary Restraining Order preserving the status quo until the court can rule on the motion. The court schedules a Telephone Conference for tomorrow, Thursday, October 19, 2017, at 10:00 a.m. PDT. Plaintiffs may file a reply to Defendant Genuine Parts Company's motion by 9:00 a.m. PDT on Thursday, October 19, 2017. (AD)
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Filing 213
NOTICE of Association of Attorney by Andrew Gordon Yates on behalf of Defendant Union Pacific Railroad Company. (Yates, Andrew)
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Filing 212
NOTICE of Appearance by attorney Rachel Tallon Reynolds on behalf of Defendants Kelsey-Hayes Company, MeadWestvaco Corporation. (Reynolds, Rachel)
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Filing 211
NOTICE of Appearance by attorney Brendan Hanrahan on behalf of Defendant Genuine Parts Company. (Hanrahan, Brendan)
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Filing 210
DECLARATION of Katherine M. Steele re #209 Notice of Joinder by Defendants Kelsey-Hayes Company, MeadWestvaco Corporation (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Steele, Katherine)
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Filing 209
NOTICE of Joinder JOINING #207 Emergency MOTION Preservation of Evidence , by Defendants Kelsey-Hayes Company, MeadWestvaco Corporation. (Steele, Katherine)
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Filing 208
DECLARATION of Jeanne F. Loftis filed by Defendant Genuine Parts Company re #207 Emergency MOTION Preservation of Evidence (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)(Loftis, Jeanne)
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Filing 207
Emergency MOTION Preservation of Evidence , filed by Defendant Genuine Parts Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 11/3/2017, (Loftis, Jeanne)
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Filing 206
INITIAL DISCLOSURES Filed by Defendant Dana Companies, LLC.(Kero, Diane)
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Filing 205
INITIAL DISCLOSURES Filed by Defendant Dana Companies, LLC.(Kero, Diane)
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Filing 204
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Dana Companies, LLC, Other Affiliate Enstar Holding (US) Inc. for Dana Companies, LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Dana Companies, LLC (Kero, Diane)
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Filing 203
ANSWER to #190 Amended Complaint and Affirmative Defenses by Dana Companies, LLC.(Kero, Diane)
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Filing 202
NOTICE of Appearance by attorney Diane J. Kero on behalf of Defendant Dana Companies, LLC. (Attachments: #1 Certificate of Service)(Kero, Diane)
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Filing 201
ANSWER to #190 Amended Complaint Defendant Crosby Valve, LLC's Answer and Affirmative Defenses to Plaintiffs' First Amended Complaint for Personal Injury with JURY DEMAND by Crosby Valve Inc.(Mesher, Barry)
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Filing 200
ANSWER to Complaint; and Affirmative Defenses to Plaintiff's Amended Complaint of Defendant Flowserve US, Inc., Solely As Successor-in-Interest to Edward Valves, Inc. with JURY DEMAND by Flowserve US Inc.(Carlton, Marc)
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Filing 199
ANSWER to #190 Amended Complaint for Personal Injury by Honeywell International Inc.(Kruger, Kristine)
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Filing 198
ANSWER to #190 Amended Complaint for Personal Injury by MeadWestvaco Corporation.(Steele, Katherine)
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Filing 197
ANSWER to #190 Amended Complaint for Personal Injury by Kelsey-Hayes Company.(Steele, Katherine)
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Attorney Erin P Fraser for CBS Corporation,Erin P Fraser for Foster Wheeler Energy Corporation added; per #196 Answer to Amended Complaint, #195 Answer to Amended Complaint, #194 Answer to Amended Complaint. (vb)
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Filing 196
ANSWER to #190 Amended Complaint with JURY DEMAND by General Electric Company.(Marks, Christopher)
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Filing 195
ANSWER to #190 Amended Complaint with JURY DEMAND by Foster Wheeler Energy Corporation.(Marks, Christopher)
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Filing 194
ANSWER to #190 Amended Complaint with JURY DEMAND by CBS Corporation.(Marks, Christopher)
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Filing 193
ANSWER to #190 Amended Complaint and Affirmative Defenses by Crane Co.(Shaw, G)
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Filing 192
OBJECTIONS and Answers to Plaintiffs' First Set of Interrogatories, Requests for Production and Requests for Admission to Defendant Crane Co. by Defendant Crane Co (Shaw, G)
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Filing 191
ANSWER to #190 Amended Complaint with JURY DEMAND by Ford Motor Company.(Fucile, Mark)
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Filing 190
AMENDED COMPLAINT (First Amended Complaint for Personal Injury) against defendant(s) Dana Companies, LLC with JURY DEMAND, filed by Leslie Jack, Patrick Jack.(Breen, Thomas)
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Filing 189
ORDER granting Plaintiffs' #185 Motion for Leave to Amend Complaint. Signed by Judge James L. Robart. (PM)
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Filing 188
NOTICE of Change of Address/Change of Name of Attorney Thomas J. Breen. Filed by Plaintiffs Leslie Jack, Patrick Jack. (Breen, Thomas) Modified address for PHV attorney Benjamin H. Adams on 7/21/2017 (DS).
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Filing 187
SUPPLEMENT re #173 Initial Disclosures by Defendant Crosby Valve Inc (Mesher, Barry)
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Filing 186
DECLARATION of Benjamin H. Adams filed by Plaintiffs Leslie Jack, Patrick Jack re #185 MOTION to Amend (Plaintiffs' Motion for Leave to Amend Complaint) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Breen, Thomas)
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Filing 185
MOTION to Amend (Plaintiffs' Motion for Leave to Amend Complaint), filed by Plaintiffs Leslie Jack, Patrick Jack. (Attachments: #1 Proposed Order) Noting Date 8/4/2017, (Breen, Thomas)
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Filing 184
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge James L. Robart; Length of Trial: *15 days*. Jury Trial is set for 10/15/2018 at 1:30 p.m. in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 7/18/2017, Status Conference set for 3/21/2018 at 10:30 AM before Judge James L. Robart, Amended Pleadings due by 4/18/2018, Discovery completed by 6/18/2018, Dispositive motions due by 7/17/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/18/2018, Motions due by 5/18/2018, Motions in Limine due by 9/4/2018, Pretrial Order due by 9/24/2018, Attorney settlement conference to be held by 8/16/2018, Voir dire/jury instructions/trial briefs due by 10/9/2018, Pretrial Conference set for 10/1/2018 at 02:00 PM before Judge James L. Robart. (AD)
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Filing 183
JOINT STATUS REPORT signed by all parties estimated Trial Days: 15 to 28. (Breen, Thomas)
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Filing 182
INITIAL DISCLOSURES Filed by Defendant Warren Pumps LLC. (Attachments: #1 Exhibit 1)(Eraut, Allen)
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Filing 181
INITIAL DISCLOSURES Filed by Defendant Weir Valves & Controls USA Inc.(Kopij, Dana)
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Filing 180
INITIAL DISCLOSURES Filed by Defendant The Nash Engineering Company.(Kopij, Dana)
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Filing 179
INITIAL DISCLOSURES Filed by Defendant Air & Liquid Systems Corporation.(Mesher, Barry)
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Filing 178
INITIAL DISCLOSURES Filed by Defendant Crown Cork & Seal Company Inc.(Mesher, Barry)
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Filing 177
INITIAL DISCLOSURES Filed by Defendant IMO Industries Inc. (Attachments: #1 Declaration of Service)(Horne, James)
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Filing 176
NOTICE of Appearance by attorney Ryan W Vollans on behalf of Defendant Standard Motor Products Inc. (Vollans, Ryan)
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Filing 175
NOTICE of Appearance by attorney Ryan W Vollans on behalf of Defendant Parker-Hannifin Corporation. (Vollans, Ryan)
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Filing 174
NOTICE of Appearance by attorney Ryan W Vollans on behalf of Defendant Carrier Corporation. (Vollans, Ryan)
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Filing 173
INITIAL DISCLOSURES Filed by Defendant Crosby Valve Inc.(Mesher, Barry)
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Filing 172
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Thomas Breen, Lucas Garrett; Def Counsel: Erin Fraser for CBS, GE, and Foster Wheeler; CR: Debbie Zurn; Discovery Hearing held on 6/12/2017. The court hears from counsel re: discovery dispute re: responses to interrogatories 11 and 12. Mr. Jack to supplement his responses to identify all ships and submarines Mr. Jack may have worked on and whether he has specific recollection of working on them. Mr. Jack must supplement his responses no later than June 19, 2017. The court grants Plaintiffs' request to modify the deposition schedule (Dkt. # 140 ) to permit the parties to begin Mr. Jack's deposition on June 19, 2017, and to split the 18 hours of testimony over seven days. (AD)
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Filing 171
PRAECIPE re #170 Statement by Plaintiffs Leslie Jack, Patrick Jack (Attachments: #1 Exhibit A)(Breen, Thomas)
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Filing 170
STATEMENT re #168 Order,, Set Deadlines/Hearings, by Plaintiffs Leslie Jack, Patrick Jack (Attachments: #1 Exhibit A)(Breen, Thomas)
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Filing 169
STATEMENT re #168 Order,, Set Deadlines/Hearings, by Defendants CBS Corporation, Foster Wheeler Energy Corporation, General Electric Company (Marks, Christopher)
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Filing 168
ORDER by Judge James L. Robart re deposition-related discovery. Plaintiffs, CBS, GE, and Foster Wheeler to file statements of no more than three (3) pages explaining the nature of the discovery dispute by Saturday, June 10, 2017, at 6:00 p.m.. The court further ORDERS Plaintiffs, CBS, GE, and Foster Wheeler to appear in person at a hearing on Monday, June 12, 2017, at 11:30 a.m. before Judge James L. Robart. (PM)
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Filing 167
ORDER REGARDING JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 6/15/2017. (AD)
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Filing 166
INITIAL DISCLOSURES Filed by Defendant Ford Motor Company.(Fucile, Mark)
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Filing 165
INITIAL DISCLOSURES Filed by Defendant Pneumo Abex LLC.(Kero, Diane)
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Filing 164
MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Thomas Breen, Benjamin Adams; Def Counsel: Kevin Craig for Hennesy Industries LLC; Christopher Marks for Foster Wheeler, CBS Corporation, and General Electric Company; Barry Mesher for Crosby Valve, Air & Liquid Systems Corporation, and Crown Cork & Seal Company, Inc.; Ronald Gardner for Gould Pumps; CR: Debbie Zurn; In Court Hearing held on 6/5/2017. The court hears from counsel re: subject matter jurisdiction. As to diversity jurisdiction, defendant Hennessey Industries LLC is not diverse from plaintiffs. For the reasons stated on the record, the court grants the motion to dismiss defendant Hennessy Industries LLC without prejudice pursuant to FRCP 21. (Dkt. # #136 , #154 .) The court exercises jurisdiction over remainder of defendants on the basis of diversity of citizenship. Parties directed to continue to work out arrangements as to timing of Plaintiff's depositions. (Dkt. # 140 .) The court hears from attorney Ronald Gardner re: Order to Show Cause (Dkt. #149 ) and counsel's failure to appear at the May 23, 2017, hearing. No sanctions will be imposed at this time, but all counsel in this matter are directed to comply with all court orders and applicable rules. (AD)
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Filing 163
ANSWER to #1 Complaint,,,,,,, Attorney Nicole R. MacKenzie added to party Autosales Incorporated(pty:dft) by Autosales Incorporated.(MacKenzie, Nicole)
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Filing 162
RESPONSE by Defendant Hennessy Industries Inc re #154 Response (non motion) (Tuvim, Mark)
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Filing 161
RESPONSE by Defendant Foster Wheeler Energy Corporation re #154 Response (non motion), #143 Order, FOSTER WHEELER ENERGY CORPORATION'S RESPONSE TO PLAINTIFFS SUPPLEMENTAL BRIEFING REGARDING THE COURT'S SUBJECT MATTER JURISDICTION (Fraser, Erin)
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Filing 160
RESPONSE by Defendant General Electric Company re #154 Response (non motion), #143 Order, GENERAL ELECTRIC COMPANYS RESPONSE TO PLAINTIFFS SUPPLEMENTAL BRIEFING REGARDING THE COURT'S SUBJECT MATTER JURISDICTION (Fraser, Erin)
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Filing 159
RESPONSE by Defendant CBS Corporation re #154 Response (non motion), #143 Order, CBS Corporations Response to Plaintiffs' Supplemental Briefing Regarding The Court's Subject Matter Jurisdiction (Fraser, Erin) Modified on 6/5/2017 to remove caps from text. (PM)
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Filing 158
SUPPLEMENT re 140 Motion Hearing,,,,,,,,, Defendant Crosby Valve's Supplemental Briefing Regarding Jurisdiction by Defendant Crosby Valve Inc (Serko, Alice)
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Filing 157
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Union Pacific Railroad Company.(Wackerbarth, Tim)
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Filing 156
RESPONSE TO ORDER TO SHOW CAUSE by Defendant Goulds Pumps Inc (Gardner, Ronald)
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Filing 155
DECLARATION of Thomas J. Breen re #143 Order, by Plaintiffs Leslie Jack, Patrick Jack (Attachments: #1 Exhibit A)(Breen, Thomas)
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Filing 154
RESPONSE by Plaintiffs Leslie Jack, Patrick Jack re #143 Order, Regarding Subject Matter Jursidiction (Breen, Thomas)
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Filing 153
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent METROPOLITAN LIFE INSURANCE COMPANY, a wholly-owned subsidiary of METLIFE INC. for Metropolitan Life Insurance Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Metropolitan Life Insurance Company (Gawlowski, Richard)
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Filing 152
ANSWER to #1 Complaint,,,,,,, by Metropolitan Life Insurance Company.(Gawlowski, Richard)
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Filing 151
NOTICE of Appearance by attorney Richard G Gawlowski on behalf of Defendant Metropolitan Life Insurance Company. (Gawlowski, Richard)
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Filing 150
NOTICE of Association of Attorney by Brian D Zeringer on behalf of Defendants CBS Corporation, Foster Wheeler Energy Corporation. (Zeringer, Brian)
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Filing 149
ORDER TO SHOW CAUSE directing counsel for Defendant Goulds Pumps, LLC to show cause why the court should not issue a $1,500.00 monetary sanction for counsel's failure to appear at the May 23, 2017, hearing (Dkt. # #126 , 140 ). Show Cause Response due by 6/2/2017, at 4:30 p.m. Court orders counsel for the Goulds to appear in person before the court on Monday, 6/5/2017, at 2:00 p.m. Signed by Judge James L. Robart. (PM)
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Filing 148
SUPPLEMENT re #134 Corporate Disclosure Statement by Defendant Crosby Valve Inc (Serko, Alice)
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Filing 147
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Gardner-Denver Inc (Bosworth, Claude)
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Filing 146
ANSWER to #1 Complaint,,,,,,, Defendant Gardner Denver, Inc.'s Answer and Affirmative Defenses to Plaintiff's Complaint for Personal Injury by Gardner-Denver Inc.(Bosworth, Claude)
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Filing 145
NOTICE of Appearance by attorney Claude Bosworth on behalf of Defendant Gardner-Denver Inc. (Bosworth, Claude)
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Filing 144
PRAECIPE re #108 Declaration, by Defendants CBS Corporation, Foster Wheeler Energy Corporation (Attachments: #1 Redacted Dec of E. Fraser)(Fraser, Erin)
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Filing 143
ORDER DIRECTING SUPPLEMENTAL BRIEFING by Judge James L. Robart re: subject matter jurisdiction. The court orders the Jacks to file a supplemental brief by Tuesday, May 30, 2017, at 12:00 p.m.; Hennessy and Crosby's response due by 6/2/2017 at 4:30 p.m.. The Jacks, Hennessy, and Crosby are ordered to appear in person for the hearing on June 5, 2017, at 2:00 p.m. (PM)
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Filing 142
PRAECIPE re #108 Declaration, by Defendants CBS Corporation, Foster Wheeler Energy Corporation (Attachments: #1 SEALED Exhibit Redacted Dec of E. Fraser)(Fraser, Erin) Modified on 5/24/2017 to seal due to sensitive personal identifiers. Counsel to refile (PM).
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Filing 141
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Goulds Pumps Inc (Gardner, Ronald)
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NOTICE of Docket Text Modification re #142 Praecipe-Other. SEALED Attachment #1: Exhibit - Redacted Decl of E. Fraser due to sensitive personal identifiers. Counsel to refile, per phone call. (PM)
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Filing 140
MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Thomas Breen, Benjamin Adams; Def Counsel: Brian Zeringer for Christopher Marks on behalf of CBS and FW; Kevin Craig for Hennessy; Katherine Steele for M.W.; by phone: Marc Carlton for Flowserve; John Goller for Crosby Valve; CR: Nancy Bauer; Motion Hearing held on 5/23/2017. By noon on Tuesday, 5/30/17, Plaintiffs are directed file supplemental briefing re: subject matter jurisdiction. Defendants Hennessy Industries, LLC, Crosby Valve, LLC, and Goulds Pumps, LLC, are directed to file their responses to Plaintiffs' supplemental briefing by 4:30 p.m. on Friday, 6/2/17. Any other defendant may, but is not required to, file a response to Plaintiffs' supplemental briefing subject to the same deadline. A written order on supplemental briefing re: subject matter jurisdiction to follow. The court sets a hearing re: subject matter jurisdiction for Monday, 6/5/17, at 2:00 p.m. Parties are directed to meet and confer pursuant to Rule 26(f) and exchange a joint list of items in controversy within 7 days. Parties are directed to exchange initial disclosures after meeting and conferring. The court orders the following deposition schedule regarding Plaintiff Patrick Jack: Day 1 to take place 6/29/17 or 6/30/17 with up to 2.5 hours re: discovery and up to 3.5 hours re: perpetuation; Day 2 to take place early July (7/5/17, 7/6/17, or 7/7/17) - 6 hours of depositions by individual defendants; Day 3 to take place early July - 4 hours by defendants, 2 hours by plaintiffs. Total deposition time: 18 hours. For the reasons stated on the record, the court grants Defendants CBS Corporation and Foster Wheeler Energy Corporation's Motion for Protective Order (Dkt. #107 ) and the motions to join (Dkt. # #121 , #127 , and #131 ). The court defers ruling on the admissibility of the deposition testimony for trial or other purposes. The Clerk is directed to seal the Declaration of Erin Fraser (Dkt. #108 ) as exhibit C contains personal identifiers. Defendants CBS Corporation and Foster Wheeler Energy Corporation are directed to file a redacted version no later than Wednesday, 5/24/17, at 12:00 p.m. (AD)
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Filing 139
NOTICE of Appearance by attorney Michael J Madderra on behalf of Defendants Borg-Warner Morse Tec LLC, John Crane Inc. (Madderra, Michael)
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Filing 138
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent 1.Flowserve Corporation for Flowserve US Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Flowserve US Inc (Aliment, Randy)
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Filing 137
DECLARATION Benjamin H. Adams of Benjamin H. Adams by Plaintiffs Leslie Jack, Patrick Jack (Attachments: #1 Exhibit A, #2 Exhibit B)(Breen, Thomas)
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Filing 136
RESPONSE by Plaintiffs Leslie Jack, Patrick Jack to Order Regarding Subject Matter Jurisdiction (Breen, Thomas)
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Filing 135
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Fortive Corporation for Hennessy Industries Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Hennessy Industries Inc (Craig, Kevin)
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Filing 134
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Emerson Electric Co., Corporate Parent The J.R. Clarkson Company LLC for Crosby Valve Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Crosby Valve Inc (Serko, Alice)
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Filing 133
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent WestRock MWV, LLC for MeadWestvaco Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by MeadWestvaco Corporation (Steele, Katherine)
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Filing 132
ANSWER to #1 Complaint,,,,,,, and Affirmative Defenses by Pneumo Abex LLC.(Kero, Diane)
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Attorney Michael Mackenzie Brown added for Defendants Kelsey-Hayes Company and MeadWestvaco Corporation (M.W. Custom Papers, LLC) per #53 #56 Notice of Appearances. (PM)
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Attorney Marc Marshall Carlton added for defendant Flowserve US Inc per #128 Notice of Appearance. (AD)
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Filing 131
MOTION re #107 MOTION for Protective Order Defendant Crane Co.'s Joinder in Motion for Protective Order, filed by Defendant Crane Co. (Shaw, G)
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Filing 130
DECLARATION of Benjamin H. Adams filed by Plaintiffs Leslie Jack, Patrick Jack re #107 MOTION for Protective Order , #121 MOTION for Joinder Defendant CBS Corp and Foster Wheeler Motion for Protective Order Quashing Plaintiff's Notice of Dep, #127 MOTION for Joinder in Motion for Protective Order (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)(Breen, Thomas)
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Filing 129
RESPONSE, by Plaintiffs Leslie Jack, Patrick Jack, to #107 MOTION for Protective Order , #121 MOTION for Joinder Defendant CBS Corp and Foster Wheeler Motion for Protective Order Quashing Plaintiff's Notice of Dep, #127 MOTION for Joinder in Motion for Protective Order. (Attachments: #1 Proposed Order)(Breen, Thomas)
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Filing 128
NOTICE of Appearance by attorney Randy J Aliment on behalf of Defendant Flowserve US Inc. (Aliment, Randy)
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Filing 127
MOTION for Joinder in Motion for Protective Order, filed by Defendant Armstrong International Inc. Noting Date 5/23/2017, (Chawes, David)
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Filing 126
ORDER regarding the court's subject matter jurisdiction on the basis of diversity of citizenship. The court ORDERS the Jacks to file a response addressing where all of LLC Defendants' members are domiciled. Response due by 5/23/2017 at 1:00 p.m. The court further ORDERS Goulds, M.W., Hennessy, and Crosby to participate in the May 23, 2017, hearing in person or telephonically. Signed by Judge James L. Robart. (PM)
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Filing 125
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Crosby Valve Inc.(Serko, Alice)
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Filing 124
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Emerson Electric Co., Corporate Parent The J.R. Clarkson Company, LLC for Crosby Valve Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Crosby Valve Inc (Serko, Alice)
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Filing 123
NOTICE of Appearance by attorney Alice Coles Serko on behalf of Defendant Crosby Valve Inc. (Serko, Alice)
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Filing 122
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendant General Electric Company. (Fraser, Erin)
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Filing 121
MOTION for Joinder Defendant CBS Corp and Foster Wheeler Motion for Protective Order Quashing Plaintiff's Notice of Dep, filed by Defendants Aurora Pump Company, Genuine Parts Company. Noting Date 5/23/2017, (Loftis, Jeanne)
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Filing 120
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendant The William Powell Company. (Smith, Brian)
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Attorneys Barry Neal Mesher and John G Goller added for Crosby Valve Inc per #125 Answer to Complaint. (AD)
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Filing 119
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendants Borg-Warner Morse Tec LLC, John Crane Inc. (Ross, Richard)
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Filing 118
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendant IMO Industries Inc. (Attachments: #1 Declaration of Service)(Ricketts, Michael)
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Filing 117
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendants Asbestos Corporation Ltd, Hennessy Industries Inc, Ingersoll Rand Company, Velan Valve Corporation. (Craig, Kevin)
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Filing 116
RESPONSE, by Defendants Kelsey-Hayes Company, MeadWestvaco Corporation, to #107 MOTION for Protective Order . (Brown, Michael)
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Filing 115
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendant Pneumo Abex LLC. (Attachments: #1 Declaration of Service)(Kero, Diane)
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Filing 114
RESPONSE, by Defendants Air & Liquid Systems Corporation, Crown Cork & Seal Company Inc, to #107 MOTION for Protective Order . (Mesher, Barry)
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Filing 113
NOTICE of Joinder JOINING #107 MOTION for Protective Order , by Defendants The Nash Engineering Company, Weir Valves & Controls USA Inc. (Kopij, Dana)
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Filing 112
RESPONSE, by Defendant Warren Pumps LLC, to #107 MOTION for Protective Order . (Eraut, Allen)
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Filing 111
RESPONSE, by Defendant Ford Motor Company, to #107 MOTION for Protective Order . (Fucile, Mark)
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Filing 110
MINUTE ORDER Setting Hearing on Defendants CBS Corporation and Foster Wheeler Energy Corporation's #107 Motion for protective order quashing Plaintiff Jack's notice of deposition. Motion Hearing set for 5/23/2017 at 03:00 PM before Judge James L. Robart. The court orders CBS, Foster Wheeler, and Mr. Jack to appear in person for the hearing. Mr.Jack's Response due by 5/22/2017 by 5:00 p.m. No reply permitted. Authorized by Judge James L. Robart. (PM)
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Filing 109
RESPONSE, by Defendants Carrier Corporation, Parker-Hannifin Corporation, Standard Motor Products Inc, to #107 MOTION for Protective Order . (MacKenzie, Nicole)
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Filing 108
SEALED DECLARATION of Erin Fraser filed by Defendants CBS Corporation, Foster Wheeler Energy Corporation re #107 MOTION for Protective Order (Fraser, Erin) Modified on 5/24/2017 to seal per the hearing of 5/23/17 (Dkt. # 140 ) (AD).
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Filing 107
MOTION for Protective Order , filed by Defendants CBS Corporation, Foster Wheeler Energy Corporation. (Attachments: #1 Proposed Order) Noting Date 5/26/2017, (Fraser, Erin)
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Filing 106
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Fortive Corporation for Hennessy Industries Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Hennessy Industries Inc (Tuvim, Mark)
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Filing 105
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Ingersoll Rand PLC for Ingersoll Rand Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Ingersoll Rand Company (Tuvim, Mark)
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Filing 104
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Marazin Inc. for Asbestos Corporation Ltd. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Asbestos Corporation Ltd (Tuvim, Mark)
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Filing 103
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Velan Inc for Velan Valve Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Velan Valve Corporation (Tuvim, Mark)
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Filing 102
ANSWER to #1 Complaint,,,,,,, by Velan Valve Corporation.(Tuvim, Mark)
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Filing 101
NOTICE of Appearance by attorney Mark B Tuvim on behalf of Defendant Velan Valve Corporation. (Tuvim, Mark)
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Filing 100
ANSWER to #1 Complaint,,,,,,, by Ingersoll Rand Company.(Tuvim, Mark)
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Filing 99
NOTICE of Appearance by attorney Mark B Tuvim on behalf of Defendant Ingersoll Rand Company. (Tuvim, Mark)
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Filing 98
ANSWER to #1 Complaint,,,,,,, by Hennessy Industries Inc.(Tuvim, Mark)
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Filing 97
NOTICE of Appearance by attorney Mark B Tuvim on behalf of Defendant Hennessy Industries Inc. (Tuvim, Mark)
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Filing 96
ANSWER to #1 Complaint,,,,,,, by Asbestos Corporation Ltd.(Tuvim, Mark)
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Filing 95
NOTICE of Appearance by attorney Mark B Tuvim on behalf of Defendant Asbestos Corporation Ltd. (Tuvim, Mark)
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Filing 94
NOTICE of Appearance by attorney Kevin J Craig on behalf of Defendant Velan Valve Corporation. (Craig, Kevin)
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Filing 93
NOTICE of Appearance by attorney Kevin J Craig on behalf of Defendant Ingersoll Rand Company. (Craig, Kevin)
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Filing 92
NOTICE of Appearance by attorney Kevin J Craig on behalf of Defendant Hennessy Industries Inc. (Craig, Kevin)
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Filing 91
NOTICE of Appearance by attorney Kevin J Craig on behalf of Defendant Asbestos Corporation Ltd. (Craig, Kevin)
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Filing 90
MINUTE ORDER REASSIGNING CASE by William M. McCool. Case reassigned to Judge James L. Robart for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. Cc to JLR. (AE)
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Filing 89
ANSWER to #1 Complaint,,,,,,, Answer and Affirmative Defenses to Plaintiffs' Complaint by Warren Pumps LLC.(Eraut, Allen)
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Filing 88
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Crown Cork & Seal Company Inc.(Mesher, Barry)
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Filing 87
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate General Electric Capital Corporation, Other Affiliate GE Capital, Other Affiliate GE Capital Equity, Other Affiliate Synchrony Financial, Other Affiliate APR Energy plc (London Stock Exchange), Other Affiliate Townsquare Media, Inc. for General Electric Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by General Electric Company (Marks, Christopher)
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Filing 86
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Autosales Incorporated (Kopij, Dana)
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Filing 85
NOTICE of Appearance by attorney Dana C Kopij on behalf of Defendant Autosales Incorporated. (Kopij, Dana)
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Filing 84
ANSWER to #1 Complaint,,,,,,, by Uniroyal Holding Inc.(Youtz, Chris)
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Filing 83
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Honeywell International Inc (Kruger, Kristine)
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Filing 82
ANSWER to #1 Complaint,,,,,,, for Personal Injury Attorney Kristine E Kruger added to party Honeywell International Inc(pty:dft) by Honeywell International Inc.(Kruger, Kristine)
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Filing 81
ANSWER to #1 Complaint,,,,,,, and Affirmative Defenses by Crane Co.(Shaw, G)
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Filing 80
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Crane Co (Shaw, G)
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Filing 79
NOTICE of Appearance by attorney G William Shaw on behalf of Defendant Crane Co. (Shaw, G)
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Filing 78
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by General Electric Company.(Marks, Christopher)
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Filing 77
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Amec Foster Wheeler plc (England), Other Affiliate Artisan Partners Limited Partnership for Foster Wheeler Energy Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Foster Wheeler Energy Corporation (Marks, Christopher)
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Filing 76
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Foster Wheeler Energy Corporation.(Marks, Christopher)
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Filing 75
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate National Amusements, Inc., Other Affiliate NAI Entertainment Holdings LLC, Other Affiliate Gamco Investors, Inc. for CBS Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by CBS Corporation (Marks, Christopher)
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Filing 74
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by CBS Corporation.(Marks, Christopher)
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Filing 73
ANSWER to #1 Complaint,,,,,,, by Armstrong International Inc.(Chawes, David)
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Filing 72
NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 5/30/2017. Please Note: Forms must not be electronically filed with the Court. (AE)
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Filing 71
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Air & Liquid Systems Corporation.(Mesher, Barry)
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Filing 70
NOTICE of Appearance by attorney Christopher S Marks on behalf of Defendant Foster Wheeler Energy Corporation. (Marks, Christopher)
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Filing 69
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Pneumo Abes Asbestos Claims Settlement Trust for Pneumo Abex LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Pneumo Abex LLC (Kero, Diane)
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Filing 68
NOTICE of Appearance by attorney Diane J. Kero on behalf of Defendant Pneumo Abex LLC. (Kero, Diane)
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Filing 67
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Weir Valves & Controls USA Inc.(Kopij, Dana)
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Filing 66
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by The Nash Engineering Company.(Kopij, Dana)
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Filing 65
NOTICE of Appearance by attorney Christopher S Marks on behalf of Defendant CBS Corporation. (Marks, Christopher)
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Filing 64
ANSWER to #1 Complaint,,,,,,, by John Crane Inc.(Ross, Richard)
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Filing 63
ANSWER to #1 Complaint,,,,,,, by Borg-Warner Morse Tec LLC.(Ross, Richard)
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Filing 62
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Union Pacific Railroad Company (Wackerbarth, Tim)
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Filing 61
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Genuine Parts Company.(Loftis, Jeanne)
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Filing 60
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND by Aurora Pump Company.(Loftis, Jeanne)
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Filing 59
ANSWER to #1 Complaint,,,,,,, by MeadWestvaco Corporation.(Steele, Katherine)
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Filing 58
ANSWER to #1 Complaint,,,,,,, by Kelsey-Hayes Company.(Steele, Katherine)
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Filing 57
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent WestRock MWV, LLC for MeadWestvaco Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by MeadWestvaco Corporation (Steele, Katherine)
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Filing 56
NOTICE of Appearance by attorney Katherine M. Steele on behalf of Defendant MeadWestvaco Corporation. (Steele, Katherine)
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Filing 55
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ZF TRW Automotive Holdings Corp. for Kelsey-Hayes Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Kelsey-Hayes Company (Steele, Katherine)
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Filing 54
ANSWER to #1 Complaint,,,,,,, by Carrier Corporation.(MacKenzie, Nicole)
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Filing 53
NOTICE of Appearance by attorney Katherine M. Steele on behalf of Defendant Kelsey-Hayes Company. (Steele, Katherine)
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Filing 52
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Genuine Parts Company (Loftis, Jeanne)
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Filing 51
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent SPX Corporation, Corporate Parent General Signal Corporation, Corporate Parent Pentair for Aurora Pump Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Aurora Pump Company (Loftis, Jeanne)
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Filing 50
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Nash Engineering Holdings LLC for The Nash Engineering Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by The Nash Engineering Company (Kopij, Dana)
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Filing 49
NOTICE of Appearance by attorney Dana C Kopij on behalf of Defendant The Nash Engineering Company. (Kopij, Dana)
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Filing 48
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent BorgWarner, Inc. for Borg-Warner Morse Tec LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Borg-Warner Morse Tec LLC (Ross, Richard)
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Filing 47
ANSWER to #1 Complaint,,,,,,, and affirmative defenses by Viad Corporation.(Gardner, Ronald)
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Filing 46
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Viad Corporation (Gardner, Ronald)
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Filing 45
NOTICE of Appearance by attorney Ronald C Gardner on behalf of Defendant Viad Corporation. (Gardner, Ronald)
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Filing 44
ANSWER to #1 Complaint,,,,,,, by Standard Motor Products Inc.(MacKenzie, Nicole)
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Filing 43
ANSWER to #1 Complaint,,,,,,, by Parker-Hannifin Corporation.(MacKenzie, Nicole)
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Filing 42
ANSWER to #1 Complaint,,,,,,, and affirmative defenses by Goulds Pumps Inc.(Gardner, Ronald)
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Filing 41
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ITT, Inc. for Goulds Pumps Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Goulds Pumps Inc (Gardner, Ronald)
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Filing 40
NOTICE of Appearance by attorney Ronald C Gardner on behalf of Defendant Goulds Pumps Inc. (Gardner, Ronald)
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Filing 39
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Ampco-Pittsburgh Corporation for Air & Liquid Systems Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Air & Liquid Systems Corporation (Mesher, Barry)
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Filing 38
NOTICE of Appearance by attorney Barry Neal Mesher on behalf of Defendant Air & Liquid Systems Corporation. (Mesher, Barry)
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Filing 37
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Crown Holdings Inc. for Crown Cork & Seal Company Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Crown Cork & Seal Company Inc (Mesher, Barry)
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Filing 36
SERVICE OF SUMMONS and Complaint returned executed upon defendant Gardner-Denver Inc on 4/25/2017; Honeywell International Inc on 4/25/2017; MeadWestvaco Corporation on 4/25/2017; Metropolitan Life Insurance Company on 4/25/2017; The Nash Engineering Company on 4/25/2017; Uniroyal Holding Inc on 4/25/2017 (Attachments: #1 Honeywell International, #2 Meadwestvaco Corp, #3 Metropolitan Life, #4 The Nash Engineering, #5 Uniroyal)(Breen, Thomas)
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Filing 35
ANSWER to #1 Complaint,,,,,,, Attorney James D Hicks added to party The William Powell Company(pty:dft) by The William Powell Company.(Hicks, James)
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Filing 34
NOTICE of Appearance by attorney Jeanne F Loftis on behalf of Defendant Aurora Pump Company. (Loftis, Jeanne)
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Filing 33
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Armstrong International Inc (Chawes, David)
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Filing 32
NOTICE of Appearance by attorney David E Chawes on behalf of Defendant Armstrong International Inc. (Chawes, David)
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Filing 31
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Standard Motor Products Inc (MacKenzie, Nicole)
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Filing 30
NOTICE of Appearance by attorney Barry Neal Mesher on behalf of Defendant Crown Cork & Seal Company Inc. (Mesher, Barry)
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Filing 29
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Parker-Hannifin Corporation (MacKenzie, Nicole)
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Filing 28
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent United Technologies Corporation for Carrier Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Carrier Corporation (MacKenzie, Nicole)
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Filing 27
NOTICE of Appearance by attorney Richard D Ross on behalf of Defendant John Crane Inc. (Ross, Richard)
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Filing 26
NOTICE of Appearance by attorney Richard D Ross on behalf of Defendant Borg-Warner Morse Tec LLC. (Ross, Richard)
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Filing 25
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Uniroyal Holding Inc (Youtz, Chris)
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Filing 24
NOTICE of Appearance by attorney Chris Robert Youtz on behalf of Defendant Uniroyal Holding Inc. (Youtz, Chris)
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Filing 23
NOTICE of Appearance by attorney Jeanne F Loftis on behalf of Defendant Genuine Parts Company. (Loftis, Jeanne)
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Filing 22
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Wm. Powell Company for The William Powell Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by The William Powell Company (Smith, Brian)
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Filing 21
NOTICE of Appearance by attorney Brian Bernard Smith on behalf of Defendant The William Powell Company. (Smith, Brian)
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Filing 20
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Ford Motor Company (Fucile, Mark)
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Filing 19
ANSWER to #1 Complaint,,,,,,, with JURY DEMAND Attorney Mark J Fucile added to party Ford Motor Company(pty:dft) by Ford Motor Company.(Fucile, Mark)
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Filing 18
SERVICE OF SUMMONS and Complaint returned executed upon defendant Air & Liquid Systems Corporation on 4/24/2017; Armstrong International Inc on 4/24/2017; Asbestos Corporation Ltd on 4/24/2017; Aurora Pump Company on 4/25/2017; Autosales Incorporated on 4/24/2017; Borg-Warner Morse Tec LLC on 4/24/2017; CBS Corporation on 4/24/2017; Carrier Corporation on 4/25/2017; Crane Co on 4/25/2017; Crosby Valve Inc on 4/25/2017; Crown Cork & Seal Company Inc on 4/25/2017; Flowserve US Inc on 4/25/2017; Ford Motor Company on 4/25/2017; Foster Wheeler Energy Corporation on 4/25/2017; General Electric Company on 4/25/2017; Genuine Parts Company on 4/25/2017; Goulds Pumps Inc on 4/25/2017; Hennessy Industries Inc on 4/24/2017; IMO Industries Inc on 4/24/2017; Ingersoll Rand Company on 4/25/2017; John Crane Inc on 4/24/2017; Kelsey-Hayes Company on 4/24/2017; Parker-Hannifin Corporation on 4/25/2017; Pneumo Abex LLC on 4/24/2017; Standard Motor Products Inc on 4/25/2017; The William Powell Company on 4/24/2017; Union Pacific Railroad Company on 4/25/2017; Velan Valve Corporation on 4/25/2017; Viad Corporation on 4/24/2017; Warren Pumps LLC on 4/24/2017; Weir Valves & Controls USA Inc on 4/24/2017 (Attachments: #1 Armstrong International, #2 Asbestos Corp Ltd, #3 Aurora Pump, #4 Autosale Inc, #5 Borg-Warner, #6 Carrier Corp, #7 CBS Corp, #8 Crane Co, #9 Crosby Valve, #10 Crown Cork & Seal, #11 Flowserve, #12 Ford Motor, #13 Foster Wheeler, #14 General Electric, #15 Genuine Parts, #16 Goulds Pumps, #17 Hennessy Industries, #18 IMO Industries, #19 Ingersoll Rand, #20 John Crane, #21 Kelsey Hayes, #22 Parker Hannifin, #23 Pneumo Abex, #24 Standard Motor, #25 Union Pacific Railroad, #26 Velan Valve, #27 Viad Corp, #28 Warren Pumps, #29 Weir Valves, #30 William Powell)(Breen, Thomas)
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Filing 17
NOTICE of Appearance by attorney Nicole R. MacKenzie on behalf of Defendant Parker-Hannifin Corporation. (MacKenzie, Nicole)
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Filing 16
NOTICE of Appearance by attorney Nicole R. MacKenzie on behalf of Defendant Carrier Corporation. (MacKenzie, Nicole)
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Filing 15
NOTICE of Appearance by attorney Nicole R. MacKenzie on behalf of Defendant Standard Motor Products Inc. (MacKenzie, Nicole)
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Attorney Erin P Fraser added for General Electric Company per #6 Notice of Appearance; Attorney Michael Edward Ricketts added for IMO Industries Inc per #7 Notice of Appearance. (KMP)
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Filing 14
NOTICE of Appearance by attorney Jeffrey M Odom on behalf of Defendant Union Pacific Railroad Company. (Odom, Jeffrey)
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Filing 13
NOTICE of Appearance by attorney Tim D. Wackerbarth on behalf of Defendant Union Pacific Railroad Company. (Wackerbarth, Tim)
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Filing 12
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Weir Group PLC, a United Kingdom company for Weir Valves & Controls USA Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Weir Valves & Controls USA Inc (Kopij, Dana)
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Filing 11
NOTICE of Appearance by attorney Dana C Kopij on behalf of Defendant Weir Valves & Controls USA Inc. (Kopij, Dana)
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Filing 10
DECLARATION of Service by Defendant IMO Industries Inc (Horne, James)
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Filing 9
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Colfax Corporation, Corporate Parent Colfax Fluid Handling LLC, Corporate Parent IMO Holdings, Inc. for IMO Industries Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by IMO Industries Inc (Horne, James)
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Filing 8
ANSWER to #1 Complaint,,,,,,, and Affirmative Defenses by IMO Industries Inc.(Horne, James)
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Filing 7
NOTICE of Appearance by attorney James Edward Horne on behalf of Defendant IMO Industries Inc. (Horne, James)
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Filing 6
NOTICE of Appearance by attorney Christopher S Marks on behalf of Defendant General Electric Company. (Marks, Christopher)
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Filing 5
CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Warren Pumps LLC (Eraut, Allen)
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Filing 4
NOTICE of Appearance by attorney Allen Eraut on behalf of Defendant Warren Pumps LLC. (Eraut, Allen)
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Filing 3
ORDER re #2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Benjamin H. Adams for Leslie Jack and Patrick Jack, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 2
APPLICATION OF ATTORNEY Benjamin H. Adams FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Leslie Jack, Patrick Jack (Fee Paid) Receipt No. 0981-4855205 (Breen, Thomas)
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NOTICE to Filer: ALIAS(ES) ENTERED INCORRECTLY: For future reference, please DO NOT add the d/b/a, f/k/a, a/k/a name to the end of the party name. The d/b/a, f/k/a, a/k/a should be added in the alias field in the dropdown box under the party's name when entering the case participants. Call the Attorney Case Opening Helpdesk at (206) 370-8787 with any questions you might have. Thank you. (DJ)
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NOTICE to Filer: PARTY NAMES ENTERED IN ALL CAPS: In the future when opening a new case, please DO NOT enter party names in all caps. Thank you. (DJ)
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NOTICE to filer: SIGNATURE IMPROPER: The Complaint was improperly signed by Lucas Garrett, William Rutzick, Kristin Houser. Pursuant to FRCP Rule 11 and LCR 5(d), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signer's name(s) printed or typed on the line and under all signature lines." The names have been added to the docket, and you do not have to re-file this document, but please be sure all future documents are properly signed. Thank you.(DJ)
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Hon. Brian A. Tsuchida added. (DJ)
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NOTICE to Filer: ATTORNEY CASE OPENING INSTRUCTIONS NEED TO BE REVIEWED: Due to the number of errors made during the case opening process and the length of time the clerk spent correcting the errors, it is imperative that the filer please review the case opening instructions found on the court's website at wawd.uscourts.gov under the Attorneys tab/Civil Case Opening/Attorney's Guide to Opening a Civil Case prior to opening the next case. Call the Attorney Case Opening Helpdesk at (206) 370-8787 with any additional questions you might have. Thank you. (DJ)
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Summons(es) issued via U.S. Postal Service as to defendant(s) Air & Liquid Systems Corporation, Armstrong International Inc, Asbestos Corporation Ltd, Aurora Pump Company, Autosales Incorporated, Borg-Warner Morse Tec LLC, CBS Corporation, Carrier Corporation, Crane Co, Crosby Valve Inc, Crown Cork & Seal Company Inc, Flowserve US Inc, Ford Motor Company, Foster Wheeler Energy Corporation, Gardner-Denver Inc, General Electric Company, Genuine Parts Company, Goulds Pumps Inc, Hennessy Industries Inc, Honeywell International Inc, IMO Industries Inc, Ingersoll Rand Company, John Crane Inc, Kelsey-Hayes Company, MeadWestvaco Corporation, Metropolitan Life Insurance Company, Parker-Hannifin Corporation, Pneumo Abex LLC, Standard Motor Products Inc, The Nash Engineering Company, The William Powell Company, Union Pacific Railroad Company, Uniroyal Holding Inc, Velan Valve Corporation, Viad Corporation, Warren Pumps LLC, Weir Valves & Controls USA Inc. (DJ)
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Filing 1
COMPLAINT FOR PERSONAL INJURY against defendant(s) Air & Liquid Systems Corporation, Armstrong International Inc, Asbestos Corporation Ltd, Aurora Pump Company, Autosales Incorporated, Borg-Warner Morse Tec LLC, Carrier Corporation, CBS Corporation, Crane Co, Crosby Valve Inc, Crown Cork & Seal Company Inc, Flowserve US Inc, Ford Motor Company, Foster Wheeler Energy Corporation, Gardner-Denver Inc, General Electric Company, Genuine Parts Company, Goulds Pumps Inc, Hennessy Industries Inc, Honeywell International Inc, IMO Industries Inc, Ingersoll Rand Company, John Crane Inc, Kelsey-Hayes Company, MeadWestvaco Corporation, Metropolitan Life Insurance Company, Parker-Hannifin Corporation, Pneumo Abex LLC, Standard Motor Products Inc, The Nash Engineering Company, The William Powell Company, Union Pacific Railroad Company, Uniroyal Holding Inc, Velan Valve Corporation, Viad Corporation, Warren Pumps LLC, Weir Valves & Controls USA Inc, with JURY DEMAND (Receipt # 0981-4832950) Attorney Thomas J. Breen added to party Leslie Jack(pty:pla), Attorney Thomas J. Breen added to party Patrick Jack(pty:pla), filed by Leslie Jack, Patrick Jack. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons, #28 Summons, #29 Summons, #30 Summons, #31 Summons, #32 Summons, #33 Summons, #34 Summons, #35 Summons, #36 Summons, #37 Summons, #38 Summons)(Breen, Thomas) Modified on 4/7/2017 (DJ).
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