Diana W McCarthy, et al v. AstenJohnson Inc, et al
| Anna Melissa McCarthy, Douglas McCarthy (Estate of), Diana Wheeler McCarthy and Sara Amanda McCarthy |
| AstenJohnson Inc, Borg-Warner Corporation, -, Beloit Corp, Rapid American Corporation, T & N plc, Mt Vernon Mills Inc, Atlas Asbestos Company Ltd, Pneumo Abex Corporation, Moog Automotive Inc, R B Pamplin Corp, Bell Asbestos Mines Ltd, Does 1 through 50, inclusive, Philip Carey Corporation, -, Thorpe Insulation Company, Langston Corp, Turner & Newall PLC, Asten Group, Acands Inc, Cameron Elite Inc, Alliedsignal Inc, Atlas-Turner Company Ltd, Albany International, Cassiar Asbestos Company Ltd, Asten-Hill Manufacturing Company, Voith Fabrics Waycross Sales Inc, Somerset Technologies Inc, Keasby & Mattison Company, Atlas Turner Inc, Carey Canada Inc and Gould Paper Corporation |
| Attorney Settlement Officer |
| Joseph Daniel Davis |
| 2:2003cv03046 |
| April 30, 2003 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Charles F Eick |
| Philip S Gutierrez |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on September 9, 2010. A more recent docket listing may be available from PACER.
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| Filing 105 MINUTES: SETTLEMENT CONFERENCE: The Court conducts a settlement conference in chambers. On the record, the Court confirms that the settlement memorandum has been executed. With the agreement of counsel, the Court dismisses the case and retains jurisdiction to enforce the settlement by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (Made JS-6. Case Terminated.) (ir) |
| Filing 104 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Philip S. Gutierrez: The Court questions counsel regarding the pretrial conference order filed August 9, 2010, and signs the order. The Court continues the trial date to Tuesday, September 28, 2010 at 9am, with a two-day trial estimate. In the event the Court cannot proceed on September 28th, counsel shall be notified by no later than Friday, September 24, 2010. Lastly, the Court schedules a settlement conference for Thursday, September 9, 2010 at 10am. Court Reporter: Miriam Baird. (bm) |
Filing 103
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Philip S. Gutierrez. (bm)
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| Filing 102 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Philip S. Gutierrez: The Court questions counsel regarding the pretrial conference order filed August 9, 2010, and signs the order. The Court continues the trial date to Tuesday, September 28, 2010 at 9am, with a two-day trial estimate. In the event the Court cannot proceed on September 28th, counsel shall be notified by no later than Friday, September 24, 2010. Court Reporter: Miriam Baird. (bm) |
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Filing 101
MINUTE ORDER IN CHAMBERS Continuing Final Pretrial Conference by Judge Philip S. Gutierrez: On the Court's own motion, the Final Pretrial Conference currently set for Monday, August 30, 2010 at 2:30 p.m. is hereby CONTINUED to Tuesday, August 31, 2010 at 2:30 p.m. (bm)
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| Filing 100 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant AstenJohnson Inc. (Attachments: #1 Proposed Order)(Yuhl, Colin) |
| Filing 99 Witness List filed by Defendant AstenJohnson Inc.. (Yuhl, Colin) |
| Filing 98 JOINT Exhibit List filed by Defendant AstenJohnson Inc.. (Yuhl, Colin) |
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Filing 97
ORDER by Judge Philip S. Gutierrez, re Stipulation #96 : Based on the stipulation of the parties, the Court HEREBY ORDERS as follows: 1. The trial date of April 27, 2010, is hereby continued to September 21, 2010, at 9:00 a.m. 2. The Pretrial Conference of date of April 12, 2010, is hereby continued to August 30, 2010 at 2:30 p.m. (bm)
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| Filing 96 STIPULATION to Continue Trial from 04/27/2010 to TBD filed by plaintiffs Anna Melissa McCarthy, Diana Wheeler McCarthy, Sara Amanda McCarthy, Douglas McCarthy (Estate of). (Attachments: #1 Proposed Order)(Lowe, Marc) |
| Filing 95 NOTICE OF ATTORNEY LIEN filed by claimant Joseph Daniel Davis. (bm) |
| Filing 94 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Philip S. Gutierrez: Hearing held. The Court confers with plaintiff's counsel regarding the ex parte application filed August 21, 2009 (see doc. 86). The Court signs the ex parte's proposed order, and continues the jury trial date to April 27, 2010 at 9:00am, and sets a new final pretrial conference for April 12, 2010 at 2:30 pm. Counsel may electronically file a stipulation or an ex parte requesting to advance the trial date to early February, if early resolution is reached on the case pending in the California Supreme Court, Boeken v. Philip Morris USA, No. S162029 ("Boeken"). Court Reporter: Anne Kielwasser. (bm) |
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Filing 93
ORDER by Judge Philip S. Gutierrez granting #86 Ex Parte Application to Continue: Based on the application of Plaintiffs, the Court HEREBY ORDERS as follows: 1. The trial date of September 8, 2009 is hereby continued to 04-27-10, at 9:00 a.m. 2. The Pretrial Conference of date of August 31, 2009 is hereby continued to 04-12, 2010 at 9:00 a.m. (bm)
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| Filing 92 NOTICE OF WITHDRAWAL OF OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE re EX PARTE APPLICATION to Continue Trial from 09/08/2009 PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES #86 filed by Defendant AstenJohnson Inc. (Ezzell, Peter) |
| Filing 91 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Attachments: #1 Proposed Order [PROPOSED] FINAL PRETRIAL CONFERENCE ORDER)(Lowe, Marc) |
| Filing 90 Witness List filed by plaintiff Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy.. (Lowe, Marc) |
| Filing 89 JOINT Exhibit List filed by plaintiff Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy.. (Lowe, Marc) |
| Filing 88 MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Lowe, Marc) |
| Filing 87 OPPOSITION to Plaintiff's Ex Parte Application for an Order Continuing the Trial Date filed by Defendant AstenJohnson Inc. (Ezzell, Peter) |
| Filing 86 EX PARTE APPLICATION to Continue Trial from 09/08/2009 PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES filed by plaintiff Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Attachments: #1 Declaration Declaration of John C. Heubeck, #2 Proposed Order)(Lowe, Marc) |
| Filing 85 ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT: Settlement Proceedings were Held on March 27, 2009. Settlement Proceedings Outcome: Unable to settle. Filed by Attorney Settlement Officer Attorney Settlement Officer.(Trupiano, Martin) |
| Filing 84 MINUTES OF MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY Hearing held before Magistrate Judge Charles F. Eick. Case called. No appearances made. Matter is taken off calendar.Court Recorder: 4/3/09. (sp, ) |
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Filing 83
ORDER by Magistrate Judge Charles F. Eick, re Joint Stipulation re Discovery Motion, #82 . Good cause having been shown therefore, it is hereby ordered that the current motion date for AstenJohnson, Inc.'s Motion to Compel Further Discovery Responses set for 3/6/09, is vacated and continued to 4/3/09 at 9:30 a.m. in Courtroom 20. (sp)
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| Filing 82 JOINT STIPULATION to Continue Hearing Date re Motion to Compel Further Responses to Discovery filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Defendant AstenJohnson Inc. (Attachments: #1 Proposed Order to Continue Hearing Date re Motion to Compel Further Responses to Discovery)(Seo, Sarah) |
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Filing 81
MINUTES: (In Chambers) Order Granting Defendant's Motion for Partial Summary Judgment #55 #63 #66 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
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Filing 80
MINUTES: (In Chambers) Order Grantinig Plaintiff's Motion for Partial Summary Judgment #54 #68 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
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| Filing 79 MINUTES OF Motion Hearing held before Judge Philip S. Gutierrez re: PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT E-FILED 1-26-09 DOC #54; DEFENDANT ASTEN JOHNSON MOTION FOR PARTIAL SUMMARY JUDGMENT E-FILED 2/23/09 DOC#55; DEFENDANT ASTENJOHNSON, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT E-FILED 02-06-09 (DOC. 63); REQ FOR JUDICIAL NTC (DOC. 66) PLAINTIFF'S FIRST AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT FILED 02-09-09 (DOC. 68): Matter called and counsel are present. The Court hears oral argument on the abovereferenced motions, and takes the matters Under Submission. Court Reporter: Miriam Baird. (bm) |
| Filing 78 REPLY SUPPORT MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio #54 filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Lowe, Marc) |
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Filing 77
ORDER by Magistrate Judge Charles F. Eick. Good cause having been shown therefore, it is hereby ordered that the current motion date for AstenJohnson, Inc.'s Motion to Compel Further Discovery Responses set for 2/27/09 is hereby vacated and continued to 3/6/09 at 9:30 a.m. (sp)
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| Filing 76 REPLY Reply to Plaintiffs' Opposition to Asten's Motion for Partial Summary Judgment filed by Defendant AstenJohnson Inc. (Caine, Stephen) |
| Filing 75 JOINT STIPULATION AMENDED Stipulation to Continue Hearing Date filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Defendant AstenJohnson Inc. (Attachments: #1 Proposed Order to Continue Hearing Date)(Seo, Sarah) |
| Filing 74 STATEMENT of Genuine Issues in Support of Asten's Opposition to Plaintiffs' Motion for Partial Summary Judgment of Liability Issues MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio #54 filed with Points & Authorities in Opposition #73 filed by Defendant AstenJohnson Inc. (Attachments: #1 Declaration Declaration of Peter Q. Ezzell, #2 Exhibit Request for Judicial Notice of Matters in Opposition to Plaintiffs' Motion for Partial Summary Judgment, with Exhibits in Opposition, #3 Proposed Order Denying Plaintiffs' Motion for Partial Summary Judgment)(Caine, Stephen) |
| Filing 73 OPPOSITION to Plaintiffs' Motion for Partial Summary Judgment of Liability Issues, filed by Defendant AstenJohnson Inc. (Caine, Stephen) |
| Filing 72 MEMORANDUM in Opposition to MOTION for Partial Summary Judgment as to Defendant, AstonJohnson, Inc. #63 filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Lowe, Marc) |
| Filing 71 STATEMENT of Genuine Issues in Support of Opposition to MOTION for Partial Summary Judgment as to Defendant, AstonJohnson, Inc. #63 filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Lowe, Marc) |
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Filing 70
STIPULATION AND ORDER by Judge Philip S. Gutierrez, Pursuant to the stiuplation of the parties, IT IS HEREBY ORDERED, 1) the Motion for partial summary judgment will be heard on 3/2/2009 at 01:30 PM before Judge Philip S. Gutierrez; 2) the new deadline for filing summary jdugment opposition papers will be February 13, 2009. The parties further agree that the new deadline for filing summary jdugmen reply papers will be February 23, 2009. (da)
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Filing 69
ORDER by Judge Philip S. Gutierrez, pursuant to the Stipulation #67 . IT IS HEREBY ORDERED as follows: (1) The motions for partial summary judgment originally filed on 1/26/09 will now be heard on Monday, 3/2/09 at 1:30 p.m. The parties will re-file their moving papers to reflect the new hearing date. (2) The deadline for filing summary judgment opposition papers will remain 2/9/09. The parties further agree that the deadline for filing summary judgment reply papers will remain 2/17/09. (ir)
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| Filing 68 Amendment to MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelio #54 PLAINTIFFS FIRST AMENDED NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Declaration of John C. Heubeck, #3 [Proposed] Statement of Uncontroverted Facts and Conclusions of Law, #4 Proposed Order [Proposed] Partial Summary Judgment)(Lowe, Marc) |
| Filing 67 Joint STIPULATION for Extension of Time to File Extend Deadline for Filing Summary Judgment Opposition and Reply Papers as to Memorandum in Support of Motion #64 filed by Defendant AstenJohnson Inc. (Attachments: #1 Proposed Order to Extend Deadline for Filing Summary Judgment Opposition and Reply Papers)(Seo, Sarah) |
| Filing 66 REQUEST FOR JUDICIAL NOTICE re MOTION for Partial Summary Judgment as to Defendant, AstonJohnson, Inc. #63 filed by Defendant AstenJohnson Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Seo, Sarah) |
| Filing 65 STATEMENT of Uncontroverted Facts and Conclusions of Law MOTION for Partial Summary Judgment as to Defendant, AstonJohnson, Inc. #63 filed by Defendant AstenJohnson Inc. (Seo, Sarah) |
| Filing 64 MEMORANDUM in Support of MOTION for Partial Summary Judgment as to Defendant, AstonJohnson, Inc. #63 Points and Authorities filed by Defendant AstenJohnson Inc. (Seo, Sarah) |
| Filing 63 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendant, AstonJohnson, Inc. filed by Defendant AstenJohnson Inc. Motion set for hearing on 3/2/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Seo, Sarah) |
| Filing 61 STIPULATION for Hearing filed by plaintiff Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Attachments: #1 Proposed Order)(Lowe, Marc) |
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Filing 62
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Partial Summary Judgment as to Damages #56 , MOTION for Partial Summary Judgment as to Damages #57 , for the following reasons: Document #56 attachment to docket entry is a memorandum of points and authorities, but the docket entry indicates motion; document #57 motion has already been e-filed as document #55, this document is a duplicate. Docket text and document must match document e-filed. (bm)
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| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: MOTION for Partial Summary Judgment #54 : Hearing is noticed on a date that is closed on the Court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: First MOTION for Partial Summary Judgment as to Damages #55 , MOTION for Partial Summary Judgment as to Damages #56 : Hearings are noticed on a date that is closed on the Court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Motions for Partial Summary Judgment as to Damages #56 , #57 . Document #56 attachment to docket entry is a Memorandum of Points and Authorities, but docket entry indicates motion; Document #57 motion has already been filed as Document #55 , document is a duplicate. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 57 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Damages filed by Defendant AstenJohnson Inc. Motion set for hearing on 2/23/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Seo, Sarah) DOCUMENT HAS BEEN STRICKEN PURSUANT TO DOCKET ENTRY #62 , DATED 2/4/09. Modified on 2/5/2009 (bm). |
| Filing 56 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Damages filed by Defendant AstenJohnson Inc. Motion set for hearing on 2/23/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Supplement Statement of Facts, #2 Exhibit Judicial Notice with Exhibits, #3 Civil Cover Sheet Notice of Motion)(Seo, Sarah) DOCUMENT HAS BEEN STRICKEN PURSUANT TO DOCKET ENTRY #62 , DATED 2/4/09. [ Modified on 2/5/2009 (bm). |
| Filing 55 NOTICE OF MOTION AND First MOTION for Partial Summary Judgment as to Damages filed by Defendant AstenJohnson Inc. Motion set for hearing on 2/23/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Seo, Sarah) |
| Filing 54 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to (1) Defendant ASTENJOHNSON, INC.s products were the legal cause of decedent DOUGLAS McCARTHYs malignant mesothelioma; and (2) there were no other legal causes of decedent DOUGLAS McCARTHYs malignant mesothelioma. filed by plaintiff Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. Motion set for hearing on 2/23/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Declaration of John C. Heubeck, #3 [Proposed] Statement of Uncontroverted Facts and Conclusions of Law, #4 Proposed Order [Proposed] Partial Summary Judgment)(Lowe, Marc) |
| Filing 53 NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Sue L Himmelrich has been assigned to serve as Attorney Settlement Officer. (mb) |
| Filing 52 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Sue L. Himmelrich may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer. Filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy(Lowe, Marc) |
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Filing 51
ORDER by Magistrate Judge Charles F. Eick. It is hereby ordered that the current motion date for AstenJohnson, Inc.'s Motion to Compel Further Discovery Responses set for 1/9/09 is hereby vacated and continued to 2/27/09 at 9:30 a.m. in this department. (sp)
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| Filing 50 JOINT STIPULATION to Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation)Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation) #36 Stipulation to Continue Hearing filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy, Defendant AstenJohnson Inc. (Attachments: #1 Proposed Order Continuing Hearing Date Re: Motion to Compel Further Responses to Discovery)(Seo, Sarah) |
| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect document type selected RE: First MOTION to Supplement Joint Stipulation Re: Motion to Compel Further Responses to Discovery re Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation. The deficiency indicated above has been corrected by the clerk. (sp) |
| Filing 48 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Charles F. Eick. Defendant's "Ex Parte Application for an Order Granting a Page Extension, etc.," filed 12/24/08 is granted. (sp) |
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Filing 47
ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez: Final Pretrial Conference set for 8/31/2009 02:30 PM. Jury Trial set for 9/8/2009 09:00 AM. (See document for further details) (ir)
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Filing 46
MINUTES: (In Chambers) Scheduling Conference held. The Court sets the following dates, and directs counsel to review the Courts trial order for further details. Motions for Summary Judgment to be filed by: 01-26-09Add Parties/Amend Pleadings Cut-Off: (Doe defendants are dismissed as of this cut-off date) 02-05-09; Opposition to Motion for Summary Judgment to be filedby: 02-09-09; Reply to Motion for Summary Judgment to be filed by: 02-17-09; Motion for Summary Judgment Hearing (1:30 p.m.): 02-23-09; All Discovery Cut-Off: 06-08-09; Motion Filing Cut-Off: 07-08-09; Final Pretrial Conference (2:30 p.m.): 08-31-09; Jury Trial (9:00 a.m.): 09-08-09, Estimated Trial Days: 7 days. Counsel are reminded that mandatory chambers copies of all electronically filed documents must be delivered directly to Chambers the following business day before Noon. Further, courtesy copies must include the E-Filed Notice and/or E-Filed Header. Failure to comply, may result inmonetary sanctions by Judge Philip S. Gutierrez. Court Reporter: Miriam Baird. (ir)
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Filing 45
ORDER/REFFERAL TO ADR PILOT PROGRAM by Judge Philip S. Gutierrez, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-15 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference. (ir)
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| Filing 44 Joint REPORT of Rule 26(f) filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Defendant AstenJohnson Inc. (Seo, Sarah) |
| Filing 43 First EX PARTE APPLICATION to Exceed Page Limitation Supplement to Joint Stipulation re Discovery filed by Defendant AstenJohnson Inc. (Attachments: #1 Exhibit A)(Seo, Sarah) |
| Filing 42 NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation re Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation)Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation) #36 filed by Defendant AstenJohnson Inc. Motion set for hearing on 1/9/2009 at 09:30 AM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit to Supplement to Joint Stipulation)(Seo, Sarah) |
| Filing 41 Supplement to Joint Stipulation Re: Motion to Compel Further Responses to Discovery re Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation)Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation) #36 filed by Defendant AstenJohnson Inc. Motion set for hearing on 1/9/2009 at 09:30 AM before Judge Philip S. Gutierrez. (Seo, Sarah) Modified on 1/7/2009 (sp). |
| Filing 40 MEMORANDUM in Opposition PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Attachments: #1 Proof of Service)(Lowe, Marc) |
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Filing 39
ORDER setting Scheduling Conference for 1/5/09 02:00 PM; Counsel are ordered to file joint statement as instructed and in compliance with FRCP 26 by Judge Philip S. Gutierrez (lc)
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| Filing 38 EXHIBIT G-H to Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation)Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation) #36 filed by Defendant AstenJohnson Inc. (Seo, Sarah) |
| Filing 37 EXHIBIT A-F to Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation)Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation) #36 filed by Defendant AstenJohnson Inc. (Seo, Sarah) |
| Filing 36 NOTICE OF MOTION AND Joint MOTION for Discovery regarding motion to compel further responses to discovery (joint stipulation) filed by defendant AstenJohnson Inc. Motion set for hearing on 1/9/2009 at 09:30 AM before Magistrate Judge Charles F. Eick. (Seo, Sarah) |
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Filing 35
STANDING ORDER regardingly Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (ir)
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Filing 34
MINUTES OF IN CHAMBERS ORDER RE CASE TRANSFERRED TO JUDGE GUTIERREZ by Judge Philip S. Gutierrez: PLEASE TAKE NOTICE that this action has been reassigned tot he Honorable Philip S. Gutierrez, United States Judge. (See order for further details). (mmu)
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Filing 33
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 08-05 by Judge Margaret M. Morrow. Case transferred to the calendar of Judge Philip S. Gutierrez for all further proceedings. Case number now reads as CV 03-3046 PSG (Ex). (rn)
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Filing 32
ORDER by Judge Margaret M. Morrow Granting APPLICATION OF NON-RESIDENT ATTORNEY Tim Gray for Leave to Appear Pro Hac Vice, #31 by Tim Gray to appear on behalf of Defendant AstenJohnson Inc. Nancy E. Lucas is designated as local counsel. Fee PAID. (rrey)
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| Filing 31 APPLICATION OF NON-RESIDENT ATTORNEY Tim Gray for Leave to Appear Pro Hac Vice. FEE PAID. filed by defendant AstenJohnson Inc. Lodged proposed order. (bp) |
| Filing 29 certification and notice of Interested Parties filed by Defendant AstenJohnson Inc. (Ezzell, Peter) |
| Filing 28 NOTICE of Interested Parties filed by Plaintiffs Diana Wheeler McCarthy, Douglas McCarthy (Estate of), Anna Melissa McCarthy, Sara Amanda McCarthy. (Lowe, Marc) |
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Filing 27
IN CHAMBERS ORDER by Judge Margaret M. Morrow : Local Rule 7.1-1 directs counsel for all parties to file a Notice of Interested Parties with their first appearance to enable the court to evaluate any ossible grounds for disqualification or recusal. Because this case was stayed for a lengthy period of time, the court directs the parties to file by 2:00 p.m., May 9, 2008, an Amended Notice of Interested Parties with their first appearance which shall list all persons, associations of persons, firms partnerships and corporation (including parent corporation) which have a direct, pecuniary interest in the outcome of the case, including any insurance carrier which may be liable in whole or in part (directly or indirectly) for a judgment that may be entered in the action or for the cost of defense. Failure to comply with this order will result in the immediate issuance of an Order To Show. All counsel will be directed to appear. (ah)
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Filing 26
ORDER by Judge Margaret M. Morrow Granting REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP #20 . Substituting attorney John C Heubeck for Douglas McCarthy (Estate of) in place and stead of attorney John C Heubeck. (bp)
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Filing 25
ORDER by Judge Margaret M. Morrow Granting REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP #21 . Substituting attorney John C Heubeck for Sara Amanda McCarthy in place and stead of attorney John C Heubeck. (bp)
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Filing 24
ORDER by Judge Margaret M. Morrow Granting REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP #22 . Substituting attorney John C Heubeck for Anna Melissa McCarthy in place and stead of attorney John C Heubeck. (bp)
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Filing 23
ORDER by Judge Margaret M. Morrow Granting REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP #19 . Substituting attorney John C Heubeck for Diana Wheeler McCarthy in place and stead of attorney Joseph Daniel Davis. (bp)
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| Filing 22 REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP filed by plaintiff Anna Melissa McCarthy.Request set for hearing on 6/2/2008 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proof of Service#2 Proposed Order)(Lowe, Marc) |
| Filing 21 REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP filed by plaintiff Sara Amanda McCarthy.Request set for hearing on 6/2/2008 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proof of Service#2 Proposed Order)(Lowe, Marc) |
| Filing 20 REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP filed by plaintiff Douglas McCarthy (Estate of).Request set for hearing on 6/2/2008 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proof of Service#2 Proposed Order)(Lowe, Marc) |
| Filing 19 REQUEST to Substitute attorney LAW OFFICES OF JOHN C. HEUBECK in place of attorney DAVIS & HEUBECK, LLP filed by plaintiff Diana Wheeler McCarthy.Request set for hearing on 6/2/2008 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proof of Service#2 Proposed Order)(Lowe, Marc) |
| Filing 18 NOTICE OF TRANSFER/Remand and Reopening of Case. This action has been Remand, to this court from the USDC Eastern District of Pennsylvania, case number CV07-74048 JT. The case has been reopened and assigned to Judge Margaret M. Morrow and Magistrate Judge Charles F. Eick. (REOPENED, MD-JS5) (Attachments: #1 #2) (bp) Modified on 6/16/2011 (sm). |
| Filing 17 NOTICE of attorney lien. Please take notice that the Law Offices of Joseph Daniel Davis claims a lien against the proceeds of any settlement, judgment or other recovery. (bp) |
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Filing 16
ORDER from USDC E/D PA, Judge Charles R Weiner, having declared bankruptcy, dismissing party Turner & Newall PLC (dmjr)
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| Filing 15 CONDITIONAL TRANSFER ORDER (CTO-227)i Pursuant to Rule 7.4 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation the actions is transferred to the Eastern District of Pennsylvania and with the consent of that court, assigned to the Honorable Charles R. Weiner. (Per Letter from the USDC Eastern District of Pennsylvania Do Not Forward the original Record, Certified Docket Entries etc. Continue to process the litigation in this court, per the opinion, pretrial and administrative orders) (pbap) |
| Filing 14 JOINT REPORT OF COUNSEL RE SETTLEMENT filed (bg) |
| Filing 13 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant AstenJohnson Inc (bg) |
|
Filing 12
MINUTES: Scheduling conference held; defendant is directed to file an additional notice of interested parties within 7 days of the date of this order; the parties are directed to file a joint report regarding a settlement procedure no later than 7/20/03; the Court hereby orders the case stayed and removed from its active case load pending the ruling on the related state action by the Court of Appeals; parties shall file a joint status report every 90 days regarding the status of case before the Court of Appeals by Judge Margaret M. Morrow CR: David Salyer staying case , terminating case (MD JS-6) (rrey)
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| Filing 10 PROPOSED JOINT REPORT OF COUNSEL RULE 26 DISCOVERY PLAN filed; est length of trial plaintiff 2 days, defendants 7 days (mch) |
| Filing 11 ADR PILOT PROGRAM QUESTIONNAIRE filed by atty John C Heubeck for plaintiff Sara Amanda McCarthy, Nancy E Lucas for defendant AstenJohnson Inc. (mch) |
| Filing 9 NOTICE OF TAG-ALONG ACTION by defendant AstenJohnson Inc. (nhac) |
| Filing 8 MINUTES: settlement conference 9:00 6/30/03 Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure in a timely fashion and to file a Joint Rule 26(f) Report on or before June 20, 2003 by Judge Margaret M. Morrow CR: None (bg) |
| Filing 7 ANSWER filed by defendant AstenJohnson Inc to removal complaint [1-1]; jury demand (nhac) |
| Filing 6 CERTIFICATION OF INTERESTED PARTIES filed by defendant AstenJohnson Inc (nhac) |
| Filing 4 PROOF OF SERVICE by defendant AstenJohnson Inc on 5/1/03 of Notice to Adverse Party of Removal to Federal Court (bg) |
| Filing 5 CERTIFICATE OF SERVICE by defendant AstenJohnson Inc on 4/30/03 of Notice to Adverse Party of Removal to Federal Court (mg) |
| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (jag) |
| Filing 2 CERTIFICATION & NOTICE OF INTERESTED PARTIES filed by defendant AstenJohnson Inc (jag) |
| Filing 1 NOTICE OF REMOVAL by defendant AstenJohnson Inc from LA Cnty Supr Crt( Case Number: BC292345) with copy summons and complaint referred to Discovery Charles F. Eick . (jag) |
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