Johnny Ray Penegar Jr et al v. 3M Bondo Corporation et al
Plaintiff: Carra Jane Penegar and Johnny Ray Penegar, Jr.
Defendant: Pneumo-Abex, LLC, Triple A Machine Shop, Inc., Spirax Sarco, Inc., NMBFIL, Inc., Volvo Group North America, Inc., Crane Co., Parker Hannifin Corporation, Ford Motor Company, Metalclad Insulation Corporation, Air & Liquid Systems Corporation, Detroit Diesel Corporation, Kelsey-Hayes Company, Tube City IMS Corp., Owens-Illinois, Inc., General Electric Company, Dana Companies LLC, Toyota Motor Corporation, Hill Brothers Chemical Company, Genuine Parts Company, Does 1-6000, inclusive, Edelbrock Corporation, Toyota Motor Sales, U.S.A, Inc., The Goodyear Tire and Rubber Company, Crown Cork & Seal Company, Inc., The William Powell Company, Volvo Trucks North America, Mack Trucks, Inc., Armstrong International, Inc., Jerguson Gage & Valve Company, Honeywell International, Inc., Maremont Corporation, DAP, Inc., John Crane, Inc., International Truck and Engine Corporation, Georgia-Pacific LLC, Dowman Products, Inc., CLA-VAL Co., Cummins, Inc., Flowserve (US), Inc., SYD Carpenter Marine Contractor, Inc., 3M Bondo Corporation, Domco Products Texas, L.P., Viad Corporation, Fraser's Boiler Service, Inc., Caterpillar, Inc., Daimler Trucks North America, LLC, Foster Wheeler Energy Corporation, FMC Corporation, ITT Corporation, Arvinmeritor, Inc., Haldex Brake Products Corporation, Norfolk Southern Corporation, Kaiser Gypsum Company, Inc., Weir Valves & Controls USA, Inc., Goulds Pumps, Inc., Warren Pumps, LLC, Velan Valve Corporation, Borg-Warner Morse Tec, Inc., Eaton Corporation, Kentile Floors, Inc., CBS Corporation, IMO Industries, Inc., Navistar, Inc., Genuine Parts Company d/b/a National Automotive Parts Association, Inc. a/k/a NAPA and Rayloc, a division of NAPA, Tube City IMS Corp. sued individually and as successor-in-interest to and d/b/a Neoax, Inc., Diamond T, and White Motor Co., NMBFIL, Inc. d/b/a Bondo Corporation and ITT Industries, Inc.
Case Number: 2:2013cv03709
Filed: May 23, 2013
Court: U.S. District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Michael R Wilner
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Personal Injury
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 6, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2015 Filing 725 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen M Nichols counsel for Defendants Dana Companies LLC, Kelsey-Hayes Company. Stephen M. Nichols will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Stephen M. Nichols is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant DANA COMPANIES, LLC and KELSEY-HAYES COMPANY. (Nichols, Stephen)
May 4, 2015 Opinion or Order Filing 724 ORDER RE PLAINTIFFS' VOLUNTARY DISMISSAL OF ENTIRE ACTION #723 by Judge Andre Birotte, Jr. Pursuant to Plaintiffs' Voluntary Dismissal of Entire Action, filed on May 1, 2015, the entire action is hereby dismissed. (Made JS-6. Case Terminated.) (jp)
May 1, 2015 Filing 723 STIPULATION to Dismiss Case Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
April 27, 2015 Opinion or Order Filing 722 ORDER GRANTING Dismissal of Defendant The Goodyear Tire and Rubber Company #721 by Judge Andre Birotte, Jr., that defendant THE GOODYEAR TIRE & RUBBER COMPANY is dismissed from the above-captioned matter in its entirety, with prejudice, including any and all cross-claims, pursuant to FRCP 41(a)(1), et seq. All parties to bear their own costs. (jp)
April 21, 2015 Filing 721 STIPULATION to Dismiss defendant The Goodyear Tire and Rubber Company filed by defendant The Goodyear Tire and Rubber Company. (Attachments: #1 Proposed Order)(Stone, Elan)
March 25, 2015 Filing 720 Notice of Appearance or Withdrawal of Counsel: for attorney Philip J Bonoli counsel for Defendant Daimler Trucks North America, LLC. Charles E. Osthimer will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Daimler Trucks North America LLC. (Bonoli, Philip)
March 25, 2015 Filing 719 Notice of Appearance or Withdrawal of Counsel: for attorney Philip J Bonoli counsel for Defendant Daimler Trucks North America, LLC. Philip J. Bonoli will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Daimler Trucks North America LLC. (Bonoli, Philip)
March 25, 2015 Opinion or Order Filing 718 MINUTE [In Chambers] Order re Joint Status Report (Dkt. No. #717 ) by Judge Andre Birotte, Jr: The Court ORDERS the parties to file one of the following items no later than 5/1/2015: (1) A stipulation and proposed order of dismissal of the entire action; (2) A Joint Status Report on the status of settlement payments showing good cause to allow more time to complete payment; or (3) A motion (or motions) by Plaintiffs to compel enforcement of the settlement agreement. (jp)
March 23, 2015 Filing 717 Joint Status Report REPORT of Joint Status Report filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Taylor, Stephanie)
March 12, 2015 Filing 716 Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123) #715 e-mailed to Attorney Perris A Kelly at pkelly@lbbslaw.com bounced due to invalid email. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to perris.kelly@gmail.com per CA State Bar. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
March 11, 2015 Filing 715 Notice of Appearance or Withdrawal of Counsel: for attorney Geoffrey M Davis counsel for Defendant Crane Co.. Angelo L. Primas Jr. is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Crane Co.. (Davis, Geoffrey)
March 10, 2015 Filing 714 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie M Taylor counsel for Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Tenny Mirzayan is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Stephanie M. Taylor. (Taylor, Stephanie)
March 10, 2015 Filing 713 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie M Taylor counsel for Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Crystal Marsh is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Stephanie M. Taylor. (Taylor, Stephanie)
March 10, 2015 Filing 712 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie M Taylor counsel for Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Alexandra Shef is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Stephanie M. Taylor. (Taylor, Stephanie)
March 10, 2015 Filing 711 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie M Taylor counsel for Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Mark D. Bratt is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Stephanie M. Taylor. (Taylor, Stephanie)
February 5, 2015 Opinion or Order Filing 710 IN CHAMBERS (ORDER) by Judge Andre Birotte Jr.: The Court is in receipt of the parties' joint status report filed January 28, 2015. (Dkt. No. 709.) In light of the parties' stipulation and their ongoing efforts to finalize all settlement payments, the Court EXTENDS the parties' deadline to file a stipulation and proposed order dismissing the action to March 24, 2015. The parties are ordered to file a stipulation and proposed order dismissing the action on or before March 24, 2015 or, in the alternative a Joint Status Report. Failure to comply with the Court's Order shall be deemed consent to the dismissal of the action in its entirety. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
January 28, 2015 Filing 709 JOINT STATUS REPORT REPORT of Dismissal filed by Defendant The Goodyear Tire and Rubber Company. (Foley, Patrick)
January 27, 2015 Filing 708 NOTICE TO COUNSEL: Judge Andre Birotte Jr. is moving his Courtroom from the Roybal Federal Building to the Spring Street Courthouse, which is located at 312 N. Spring Street, Los Angeles, California 90012. Judge Andre Birotte Jr.s new Courtroom will be COURTROOM 4 of the SPRING STREET Courthouse. Effective February 2, 2015, all Court appearances shall be made in Courtroom 4 of the Spring Street Courthouse, and all required Mandatory Chambers Copies shall be hand-delivered and placed in the tray outside the door to Judge Birottes chambers at the Spring Street Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
December 23, 2014 Opinion or Order Filing 707 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr. The Court is in receipt of the parties' joint status report filed December 16, 2014. (Dkt. No. 706.) In light of the parties' stipulation and their ongoing efforts to finalize all settlement payments, the Court EXTENDS the parties' deadline to file a stipulation and proposed order dismissing the action to January 30, 2015. The parties are ordered to file a stipulation and proposed order dismissing the action on or before January 30, 2015 or, in the alternative a Joint Status Report. Failure to comply with the Court's Order shall be deemed consent to the dismissal of the action in its entirety. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
December 16, 2014 Filing 706 STATUS REPORT Joint Status Report filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Bratt, Mark)
October 28, 2014 Filing 705 Notice of Appearance or Withdrawal of Counsel: for attorney Steven D Smelser counsel for Defendant Ford Motor Company. Steven D. Smelser will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendant FORD MOTOR COMPANY. (Smelser, Steven)
October 28, 2014 Filing 704 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Christopher White, II counsel for Defendant Ford Motor Company. Paul C White II will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendant FORD MOTOR COMPANY. (White, Paul)
October 23, 2014 Filing 703 Notice of Appearance or Withdrawal of Counsel: for attorney Luis Alfonso Barba counsel for Defendant Borg-Warner Morse Tec, Inc.. Luis Alfonso Barba will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant BorgWarner Morse Tec Inc.. (Barba, Luis)
October 17, 2014 Filing 702 The Court has received a Notice of Settlement, filed October 17, 2014 (docket #701 ). The Court VACATES all pending dates. The parties are ordered to file a Stipulation and Proposed Order Dismissing the action on or before December 16, 2014 or, in the alternative a Joint Status Report. Failure to comply with the Court's Order shall be deemed consent to the dismissal of the action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb)
October 17, 2014 Filing 701 NOTICE of Settlement WITH DEFENDANTS CRANE CO. AND THE GOODYEAR TIRE AND RUBBER COMPANY filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Bratt, Mark)
October 10, 2014 Filing 700 NOTICE OF LODGING filed Joint Pretrial Conference Order re Notice of Deficiency in Electronically Filed Documents (G-112A),,, #699 (Attachments: #1 Proposed Order Joint Pretrial Conference Order, #2 Exhibit Exhibit 1 Part 1 of 3, #3 Exhibit Exhibit 1 Part 2 of 3, #4 Exhibit Exhibit 1 Part 3 of 3, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3)(Bratt, Mark)
October 10, 2014 Filing 699 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Pretrial Conference Order #698 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below The correct event is: Notices-Notice of Lodging. Other: Incorrect judge's name is indicated in caption of attached document and under the signature line. Document should have been submitted by e-filing a Notice of Lodging with the separate, stand-alone proposed Joint Pretrial Conference Order. Docket entry text does not match caption of attached document. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
October 9, 2014 Filing 698 TRIAL BRIEF Joint Pretrial Conference Order filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr.. (Attachments: #1 Exhibit Exhibit 1 Part 1 of 3, #2 Exhibit Exhibit 1 Part 2 of 3, #3 Exhibit Exhibit 1 Part 3 of 2, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3)(Bratt, Mark)
September 23, 2014 Opinion or Order Filing 697 ORDER TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT FORD MOTOR COMPANY ONLY by Judge Andre Birotte, Jr. It is so ordered that Plaintiffs' complaint as to defendant FORD MOTOR COMPANY is dismissed WITH prejudice. Each party to bear is own costs, re Stipulation to Dismiss Party #696 , Ford Motor Company terminated. (bp)
September 19, 2014 Filing 696 STIPULATION to Dismiss Defendant Ford Motor Company filed by Plaintiffs Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Shef, Alexandra)
September 12, 2014 Opinion or Order Filing 695 ORDER RE: JOINT REQUEST FOR EXTENSION REGARDING DISMISSAL OF DEFENDANT FORD MOTOR COMPANY by Judge Andre Birotte, Jr., re Stipulation for Extension of Time to File #693 . It is hereby ORDERED that parties are granted a two week extension to file a dismissal as to Defendant FORD MOTOR COMPANY. (cb)
September 5, 2014 Filing 694 AMENDED CERTIFICATE of Interested Parties filed by Defendant The Goodyear Tire and Rubber Company, (Stone, Elan)
September 5, 2014 Filing 693 STIPULATION for Extension of Time to File Dismissal as to Ford Motor Company filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Shef, Alexandra)
August 26, 2014 Filing 692 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Andre Birotte, Jr.: On June 6, 2014, Plaintiffs filed a Notice of Settlement as to Ford Motor Company #611 . To date, no dismissal has been filed. Plaintiffs are ORDERED to submit their dismissal as to Ford no later than September 5, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
August 12, 2014 Opinion or Order Filing 691 ORDER OF THE CHIEF JUDGE (#14-035) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Andre Birotte Jr., this case is transferred from Judge Audrey B. Collins to the calendar of Judge Andre Birotte, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 13-03709 AB (MRWx). (mg)
August 6, 2014 Opinion or Order Filing 690 ORDER TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT KELSEY-HAYES COMPANY ONLY by Chief Judge George H. King, re Stipulation to Dismiss Party #689 , It is so ordered that Plaintiffs' complaint as to defendant Kelsey-Hayes Company, is dismissed with prejudice. Each party to bear its own costs. RE: Kelsey-Hayes Company (sued individually and as successor-by-merger, parent, alter-ego and equitable trustee of Dayton Walter Corp., and as successor-in-interest, parent, alter-ego and equitable trustee of Freuhauf Trailer Corp.) terminated. (lw)
July 31, 2014 Filing 689 STIPULATION to Dismiss Defendant Kelsey-Hayes Company filed by Plaintiffs Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Shef, Alexandra)
July 30, 2014 Opinion or Order Filing 688 MINUTE ORDER (IN CHAMBERS) ORDER SETTING Pretrial Conference and Jury Trial Dates by Judge Audrey B. Collins: As noted in the previous order requesting proposed pretrial and jury trial dates, this case will soon be transferred to a new judge. That judge will need sufficient time to familiarize himself or herself with the case and rule on the pending motions in limine. Therefore, the parties proposed August dates for the pretrial conference and jury trial are unworkable. After taking into account the vacation schedule of Goodyear's counsel, the Court SETS the Final Pretrial Conference for October 20, 2014 at 10:00 a.m. and the Jury Trial for November 4,2014 at 8:30 a.m. IT IS SO ORDERED. (lw)
July 28, 2014 Filing 687 Joint STIPULATION to Reschedule Final Pretrial Conference and Jury Trial filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Shef, Alexandra)
July 23, 2014 Filing 686 Notice of Appearance or Withdrawal of Counsel: for attorney Emily D Bergstrom counsel for Defendant Weir Valves & Controls USA, Inc.. Mark S. Kannett; Emily D. Bergstrom will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant WEIR VALVES AND CONTROLS USA, INC.. (Bergstrom, Emily)
July 21, 2014 Opinion or Order Filing 685 ORDER TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT WEIR VALVES & CONTROLS USA, INC. ONLY by Judge Audrey B. Collins. IT IS SO ORDERED that Plaintiffs' complaint as to defendant WEIR VALVES & CONTROLS USA, INC. fka ATWOOD & MORRILL is dismissed WITH prejudice. Each party to bear its own costs, re Stipulation to Dismiss Party #684 , Weir Valves & Controls USA, Inc. (f/k/a Atwood & Morrill) terminated. (bp)
July 16, 2014 Filing 684 STIPULATION to Dismiss Defendant Weir Valves & Controls USA, Inc. filed by Plaintiffs Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Shef, Alexandra)
July 8, 2014 Filing 683 REPLY to Defendants' Opposition to MOTION IN LIMINE #6 to Exclude Reference to Plaintiff's Smoking History #643 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
July 8, 2014 Filing 682 REPLY to Defendant Crane Co's Opposition MOTION IN LIMINE #3 to Exclude Or Limit Thomas McCaffrey; Declaration of Stephanie M. Taylor, Exhibits Thereto #639 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
July 8, 2014 Filing 681 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Waive Costs in Exchange for Waiver of Appeal #679 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Stipulation. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
July 8, 2014 Filing 680 Notice of Appearance or Withdrawal of Counsel: for attorney Malcolm D Donaldson counsel for Defendant Hill Brothers Chemical Company. Malcolm D. Donaldson will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.Malcolm D. Donaldson is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Hill Brothers Chemical Company. (Donaldson, Malcolm)
July 3, 2014 Filing 679 STIPULATION to Waive Costs in Exchange for Waiver of Appeal between Plaintiffs and Defendant Mack Trucks, Inc. filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr.(Shef, Alexandra)
July 3, 2014 Filing 678 NOTICE OF DISMISSAL filed by Plaintiffs Johnny Ray Penegar, Jr, Carra Jane Penegar pursuant to FRCP 41a(1) as to International Truck and Engine Corporation. (Shef, Alexandra)
July 3, 2014 Filing 677 REPLY In Opposition to Goodyear's Motrion in Limine No. 14: to Exclude Reference of Exposure to Goodyear Gasket Material Post-1969 filed by Defendant The Goodyear Tire and Rubber Company. (Kelly, Perris)
July 2, 2014 Filing 676 Notice of Appearance or Withdrawal of Counsel: for attorney Russell W Schatz, Jr counsel for Defendant FMC Corporation. Russell W. Schatz will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.Russell W. Schatz is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FMC Corporation. (Schatz, Russell)
July 2, 2014 Filing 675 Notice of Appearance or Withdrawal of Counsel: for attorney Rochelle R Ileto counsel for Defendant FMC Corporation. Rochelle R. Ileto will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.Rochelle R. Ileto is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FMC Corporation. (Ileto, Rochelle)
July 2, 2014 Filing 674 Notice of Appearance or Withdrawal of Counsel: for attorney Kimberly Lynn Rivera counsel for Defendant FMC Corporation. Kimberly L. Rivera will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.Kimberly L. Rivera is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FMC Corporation. (Rivera, Kimberly)
July 2, 2014 Filing 673 Notice of Appearance or Withdrawal of Counsel: for attorney Ketul D Patel counsel for Defendant FMC Corporation. Ketul D. Patel will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.Ketul D. Patel is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FMC Corporation. (Patel, Ketul)
July 2, 2014 Filing 672 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin D Jamison counsel for Defendant FMC Corporation. Kevin D. Jamison will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.Kevin D. Jamison is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FMC Corporation. (Jamison, Kevin)
July 2, 2014 Opinion or Order Filing 671 MINUTE ORDER IN CHAMBERS REQUESTING Proposed Pretrial Conference and Jury Trial Dates by Judge Audrey B. Collins: Due to Judge Collins' unavailability, this case will soon be transferred to a new judge. Therefore, the Final Pretrial Conference, currently set for July 14, 2014 is VACATED. (The trial date was previously vacated on July 9, 2014.) The parties are ORDERED to submit a stipulation and proposed order with new dates for the Final Pretrial Conference and Jury Trial no later than July 28, 2014, for review by the newly assigned judge. (bm)
June 30, 2014 Opinion or Order Filing 670 ORDER DISMISSING FMC CORPORATION WITH PREJUDICE by Judge Audrey B. Collins, re Stipulation to Dismiss Party #653 : Pursuant to stipulation of the parties, IT IS SO ORDERED that Plaintiff s' Johnny Ray Penegar and Carra Jane Penegar Complaint as to defendant FMC Corporation on behalf of its former Northern Pump business, is DISMISSED with prejudice, each party to bear its own costs and fees. (bm)
June 30, 2014 Filing 669 MEMORANDUM in Opposition to Defendant The Goodyer Tire & Rubber Company's Motion In Limine to Exclude Reference of Exposure to Goodyear Gasket Material Post-1969 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 668 OPPOSITION in opposition to re: Joint MOTION IN LIMINE to Exclude VIDEOTAPE STUDIES OF GASKET AND PACKING REMOVAL OF MATERIAL ANALYTICAL SERVICES AND ALL TESTIMONY BASED THEREON #631 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 667 OPPOSITION in opposition to re: MOTION IN LIMINE to Exclude EVIDENCE OR REMOVAL OF A GASKET AT A SHELL OIL PLANT #635 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 666 OPPOSITION in opposition to re: MOTION IN LIMINE to Proceed WITH TRIAL IN THE FOLLOWING PHASES: 1) LIABILITY (2) COMPENSATORY DAMAGES AND (3) PUNITIVE DAMAGES #637 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 665 OPPOSITION in opposition to re: MOTION IN LIMINE to Exclude Proposed EPA Ban of Asbestos Products that Never Went into Effect #640 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 664 OPPOSITION in opposition to re: MOTION IN LIMINE to Preclude ANY EVIDENCE, REFERENCE OR ARGUMENT RELATING TO THE SOUTHERN POWER AND INDUSTRY TRADE JOURNAL #625 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 663 OPPOSITION in opposition to re: MOTION IN LIMINE to Exclude EVIDENCE OR ARGUMENT REGARDING UNRELATED DISEASES #629 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 662 OPPOSITION in opposition to re: MOTION IN LIMINE to Exclude EVIDENCE OR ARGUMENT REGARDING ALLEGED LIABILITY FOR OTHER MANUFACTURERS PRODUCTS #649 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 661 OPPOSITION in opposition to re: MOTION IN LIMINE to Preclude PLAINTIFFS FROM PRESENTING EVIDENCE OR ARGUMENT CONCERNING ANY ALLEGED POST-SALE DUTY TO WARN, OR POST-SALE CONDUCT OR KNOWLEDGE OF ANY DEFENDANT #630 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 660 OPPOSITION in opposition to re: MOTION IN LIMINE to Exclude PLAINTIFFS EXPERTS EVERY EXPOSURE CAUSATION OPINIONS #650 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 30, 2014 Filing 659 MEMORANDUM in Opposition to MOTION IN LIMINE #7 to Exclude Argument that "Asbestos Won the War" #644 filed by Defendant The Goodyear Tire and Rubber Company. (Kelly, Perris)
June 30, 2014 Filing 658 MEMORANDUM in Opposition to MOTION IN LIMINE #6 to Exclude Reference to Plaintiff's Smoking History #643 filed by Defendant The Goodyear Tire and Rubber Company. (Kelly, Perris)
June 30, 2014 Filing 657 MEMORANDUM in Opposition to MOTION IN LIMINE #5 to Exclude Evidence or Argument of Exposure And Apportionment of Responsibility to Mack Trucks; Declaration of Stephanie M. Taylor, Exhibits Attached Thereto #642 filed by Defendant The Goodyear Tire and Rubber Company. (Attorney Perris A Kelly added to party The Goodyear Tire and Rubber Company(pty:dft))(Kelly, Perris)
June 30, 2014 Filing 656 OPPOSITION in opposition to re: MOTION IN LIMINE #3 to Exclude Or Limit Thomas McCaffrey; Declaration of Stephanie M. Taylor, Exhibits Thereto #639 filed by Defendant Crane Co.. (Gunning, Bradley)
June 30, 2014 Filing 655 OPPOSITION in opposition to re: MOTION IN LIMINE #2 to Exclude Or Limit Charles Weaver; Declaration of Stephanie M. Taylor, Exhibits Thereto #641 filed by Defendant Crane Co.. (Gunning, Bradley)
June 30, 2014 Filing 654 OPPOSITION in opposition to re: MOTION IN LIMINE #1 to Exclude Any Reference to the Garlock Bankruptcy Order and to Exclude Any Reference to Plaintiffs' Experts as "Junk Science" ; Declaration of Stephanie M. Taylor #632 filed by Defendant Crane Co.. (Gunning, Bradley)
June 26, 2014 Filing 653 STIPULATION to Dismiss Defendant FMC Corporation filed by Defendant FMC Corporation. (Attachments: #1 Proposed Order)(Ileto, Rochelle)
June 26, 2014 Filing 652 (Chan, Macy)
June 24, 2014 Filing 651 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Crane Co.'s Motion in Limine to Exclude Evidence #629 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text indicates that Motion in Limine is noticed for hearing on 6/14/14 at 10:00 AM. Caption of attached document correctly indicates noticed motion hearing date of 7/14/14 at 10:00 AM. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 23, 2014 Filing 650 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude PLAINTIFFS EXPERTS EVERY EXPOSURE CAUSATION OPINIONS filed by Defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Exhibit A to the Hurwitz Decl., #3 Exhibit B to the Hurwitz Decl., #4 Exhibit C to the Hurwitz Decl., #5 Exhibit D to the Hurwitz Decl., #6 Exhibit E to the Hurwitz Decl., #7 Exhibit F to the Hurwitz Decl., #8 Exhibit G to the Hurwitz Decl., #9 Proposed Order)(Gunning, Bradley)
June 23, 2014 Filing 649 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude EVIDENCE OR ARGUMENT REGARDING ALLEGED LIABILITY FOR OTHER MANUFACTURERS PRODUCTS filed by Defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 648 STIPULATION to Exclude Catalogs, Marketing Materials and Unrelated Products filed by Defendant Crane Co.. (Attachments: #1 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 647 MEMORANDUM of CONTENTIONS of FACT and LAW Crane Co.. (Hurwitz, Daniel)
June 23, 2014 Filing 646 STATUS REPORT POST MEDIATION JOINT STATUS REPORT filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Taylor, Stephanie)
June 23, 2014 Filing 645 Witness List Crane Co... (Hurwitz, Daniel)
June 23, 2014 Filing 644 NOTICE OF MOTION AND MOTION IN LIMINE #7 to Exclude Argument that "Asbestos Won the War" filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
June 23, 2014 Filing 643 NOTICE OF MOTION AND MOTION IN LIMINE #6 to Exclude Reference to Plaintiff's Smoking History filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
June 23, 2014 Filing 642 NOTICE OF MOTION AND MOTION IN LIMINE #5 to Exclude Evidence or Argument of Exposure And Apportionment of Responsibility to Mack Trucks; Declaration of Stephanie M. Taylor, Exhibits Attached Thereto filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
June 23, 2014 Filing 641 NOTICE OF MOTION AND MOTION IN LIMINE #2 to Exclude Or Limit Charles Weaver; Declaration of Stephanie M. Taylor, Exhibits Thereto filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
June 23, 2014 Filing 640 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Proposed EPA Ban of Asbestos Products that Never Went into Effect Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 639 NOTICE OF MOTION AND MOTION IN LIMINE #3 to Exclude Or Limit Thomas McCaffrey; Declaration of Stephanie M. Taylor, Exhibits Thereto filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
June 23, 2014 Filing 638 Witness List filed by Defendant The Goodyear Tire and Rubber Company.. (Stone, Elan)
June 23, 2014 Filing 637 NOTICE OF MOTION AND MOTION IN LIMINE to Proceed WITH TRIAL IN THE FOLLOWING PHASES: 1) LIABILITY (2) COMPENSATORY DAMAGES AND (3) PUNITIVE DAMAGES filed by defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 636 Witness List filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr.. (Attachments: #1 Exhibit)(Taylor, Stephanie)
June 23, 2014 Filing 635 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude EVIDENCE OR REMOVAL OF A GASKET AT A SHELL OIL PLANT filed by defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Exhibit A, #3 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 634 JOINT Exhibit List filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr.. (Attachments: #1 Exhibit)(Taylor, Stephanie)
June 23, 2014 Filing 633 AMENDED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant The Goodyear Tire and Rubber Company. (Stone, Elan)
June 23, 2014 Filing 632 NOTICE OF MOTION AND MOTION IN LIMINE #1 to Exclude Any Reference to the Garlock Bankruptcy Order and to Exclude Any Reference to Plaintiffs' Experts as "Junk Science" ; Declaration of Stephanie M. Taylor filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Taylor, Stephanie)
June 23, 2014 Filing 631 NOTICE OF MOTION AND Joint MOTION IN LIMINE to Exclude VIDEOTAPE STUDIES OF GASKET AND PACKING REMOVAL OF MATERIAL ANALYTICAL SERVICES AND ALL TESTIMONY BASED THEREON filed by defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Exhibit A to F, #3 Exhibit G to L, #4 Exhibit M to V, #5 Exhibit W to FF, #6 Exhibit GG, #7 Exhibit H, #8 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 630 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude PLAINTIFFS FROM PRESENTING EVIDENCE OR ARGUMENT CONCERNING ANY ALLEGED POST-SALE DUTY TO WARN, OR POST-SALE CONDUCT OR KNOWLEDGE OF ANY DEFENDANT filed by defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 629 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude EVIDENCE OR ARGUMENT REGARDING UNRELATED DISEASES filed by defendant Crane Co.. Motion set for hearing on 6/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Proposed Order)(Hurwitz, Daniel)
June 23, 2014 Filing 628 NOTICE OF MOTION AND MOTION IN LIMINE NO. 14 TO EXCLUDE REFERENCE OF EXPOSURE TO GOODYEAR GASKET MATERIAL POST-1969 filed by Defendant The Goodyear Tire and Rubber Company. (Attachments: #1 Declaration Gary M. Tompkin, #2 Declaration Elan N. Stone, #3 Exhibit 1 to Declaration of Elan N. Stone, #4 Proposed Order)(Stone, Elan)
June 23, 2014 Filing 627 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant The Goodyear Tire and Rubber Company. (Stone, Elan)
June 23, 2014 Filing 626 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Taylor, Stephanie)
June 23, 2014 Filing 625 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude ANY EVIDENCE, REFERENCE OR ARGUMENT RELATING TO THE SOUTHERN POWER AND INDUSTRY TRADE JOURNAL filed by defendant Crane Co.. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Daniel S. Hurwitz, #2 Exhibit A (part 1), #3 Exhibit A (part 2), #4 Exhibit A (part 3), #5 Proposed Order)(Hurwitz, Daniel)
June 20, 2014 Opinion or Order Filing 624 JUDGMENT FOLLOWING ORDER GRANTING SUMMARY JUDGMENT ON BEHALF OF DEFENDANT MACK TRUCKS, INC. by Judge Audrey B. Collins, in favor of Mack Trucks, Inc. against Carra Jane Penegar, Johnny Ray Penegar, Jr.: This Motion for Summary Judgment by Defendant Mack Trucks, Inc. came on for hearing before the Court on June 9, 2014, the Honorable Audrey B. Collins, District Judge, presiding. After consideration of the evidence presented, the issues having been duly heard and a decision having been duly rendered, IT IS ORDERED AND ADJUDGED that the Plaintiffs Johnny Ray Penegar and Carra Jane Penegar take nothing, that the action be dismissed on the merits, and that Defendant Mack Trucks, Inc. recover its costs. Related to: MOTION for Summary Judgment as to by Defendant Mack Trucks, Inc. #546 (bm)
June 17, 2014 Opinion or Order Filing 623 MINUTE ORDER (IN CHAMBERS) ORDER RE: Joint Status Report Re Dismissal of Defendant Kelsey-Hayes Company by Judge Audrey B. Collins: The Court has reviewed Plaintiffs and Defendant Kelsey-Hayes Companys Joint Status Report, filed on June 16, 2014. (Docket No. 621.) The parties request a 45-day extension of time in which to dismiss Kelsey-Hayes. The parties are reminded of Local Rule 52-4.1, which requires the submission of a separate proposed order with any request of the Court. No proposed order was submitted with this filing despite the parties' request for a 45-day extension of time. The Court ORDERS Plaintiffs to file their dismissal of the action as to Kelsey-Hayes no later than July 31, 2014. If the action has not been dismissed by that date, the parties are ORDERED to file a joint status report no later than July 31, 2014, updating the Court on the status of this matter. (lw)
June 17, 2014 Filing 622 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Settlement #619 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Settlement. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 16, 2014 Filing 621 STATUS REPORT re Dismissal of Defendant Kelsey-Hayes Company (Joint) filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Bratt, Mark)
June 16, 2014 Filing 620 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Scott Hurwitz counsel for Defendant Crane Co.. Filed by Defendant Crane Co.. (Attorney Daniel Scott Hurwitz added to party Crane Co.(pty:dft))(Hurwitz, Daniel)
June 13, 2014 Filing 619 NOTICE of Settlement with Defendant Air & Liquid Systems Corporation filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Bratt, Mark)
June 13, 2014 Opinion or Order Filing 618 SCHEDULING NOTICE - TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Audrey B. Collins: RE: Motion Hearing, #615 , The Court inadvertently omitted from the June 9, 2014 minutes the deadline for the remaining parties' Joint Status Report, which is due NO LATER THAN JUNE 23, 2014. The report should include the results of the mediation, whether the parties consent to trial by a magistrate judge, and proposed motions in limine, pretrial conference, and jury trial dates. Currently, the pretrial conference remains on calendar for July 14, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lw) TEXT ONLY ENTRY
June 10, 2014 Filing 617 JUDGMENT GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANT NAVISTAR, INC. by Judge Audrey B. Collins, in favor of Navistar, Inc. against Carra Jane Penegar, Johnny Ray Penegar, Jr, Related to: Order on Motion for Summary Judgment,, #602 , IT IS ORDERED AND ADJUDGED that the Plaintiffs Johnny Ray Penegar and Carra Jane Penegar, take nothing from Navistar, Inc., that the action against Navistar, Inc. be dismissed on the merits and that Defendant Navistar, Inc. recover its costs. (lw)
June 10, 2014 Filing 614 NOTICE OF LODGING filed [Proposed] Judgment Following Order Granting Summary Judgment on Behalf of Defendant Mack Trucks, Inc. re MOTION for Summary Judgment as to by Defendant Mack Trucks, Inc. #546 (Attachments: #1 Proposed Order Following Order Granting Summary Judgment on Behalf of Defendant Mack Trucks, Inc.)(Martinovich, Edward)
June 9, 2014 Opinion or Order Filing 616 ORDER GRANTING MACK TRUCKS' MOTION FOR SUMMARY JUDGMENT by Judge Audrey B. Collins granting #546 Motion for Summary Judgment: Accordingly, Mack Trucks' motion for summary judgment is GRANTED. The Court ORDERS Mack Trucks to submit a Proposed Judgment no later than ten (10) days from the date of this Order. (see document for further details) (bm)
June 9, 2014 Filing 615 MINUTES OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT [DOCUMENT 546]; MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT [DOCUMENT 552] Hearing held before Judge Audrey B. Collins: Matter called. Tentative given to counsel. Counsel for defendant Air and Liquid Systems Corp. purports along with plaintiff's counsel that they have just reached a settlement. The Court having heard from counsel, ORDERS the parties to e-file a notice of settlement within 5 days indicating the time frame as to when the dismissal will be submitted. In light of the settlement being reached from the other parties, the Court conducts the above hearing as to Mack Trucks, Inc. The Court hears oral arguments with respect to the tentative. Court having heard from counsel, will consider all arguments made before ruling. Court and counsel discuss parties that have not been dismissed. The Court gives names to counsel and ORDERS plaintiffs counsel to e-file the proper paper to resolve this matter. Court discuss trial and explains the Court consent list for trials to be heard before the Magistrate. The current trial date is hereby VACATED. Counsel to confer and notify the Court with respect to consenting before the Magistrate Judge for trial. Court Reporter: Katherine Stride. (bm)
June 6, 2014 Filing 612 TEXT ENTRY (IN CHAMBERS) ORDER pursuant to the notice of settlement done by Ford Motor Company the motion for summary judgment or in alternative summary adjudication document 564 is hereby taken off calendar ONLY as to Ford Motor Company, the other motions are still pending and remain on calendar. Counsel required to appear on Monday, June 9, 2014 at 10:00 a.m. as scheduled. A. Bridges, Court Clerk to Judge Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
June 6, 2014 Filing 611 NOTICE of Settlement as to Ford Motor Company filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
June 5, 2014 Opinion or Order Filing 613 ORDER RE STIPULATION FOR DISMISSAL OF DEFENDANT, SYD CARPENTER, MARINE CONTRACTOR, INC. by Judge Audrey B. Collins, re Stipulation to Dismiss Party, #610 . IT IS HEREBY ORDERED that pursuant to stipulation defendant SYD CARPENTER, MARINE CONTRACTOR, INC., is dismissed with prejudice fromthe above-captioned action pursuant to FRCP 41(a)(2). (cb)
June 4, 2014 Filing 610 STIPULATION to Dismiss Defendant SYD Carpenter Marine Contractor, Inc. filed by Defendant SYD Carpenter Marine Contractor, Inc.. (Attachments: #1 Proposed Order re Stipulation for Dismissal of Defendant, Syd Carpenter, Marine Contractor, Inc.)(Galfayan, Arpi)
May 30, 2014 Filing 609 REPLY In Support of MOTION for Summary Judgment or Summary Adjudication #564 filed by Defendant Ford Motor Company. (White, Paul)
May 30, 2014 Filing 608 NOTICE OF LODGING filed Proposed Judgment Granting Motion for Summary Judgment re MOTION for Summary Judgment as to Defendant Navistar, Inc. #548 (Attachments: #1 Proposed Order Granting Motion for Summary Judgment by Defendant Navistar, Inc.)(Martinovich, Edward)
May 28, 2014 Filing 607 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk of Court Other: Document is hereby STRICKEN. Counsel to adhere to the rules and procedures of the Court and resubmit the document properly. RE: Proposed Judgment following Order Granting etc. #605 (bm)
May 27, 2014 Filing 606 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Judgment Following Order Granting Summary Judgment on behalf of Defendant Navistar, Inc. #605 . The following error(s) was found: Incorrect event selected.The correct event is: NOTICE OF LODGING under Civil Events/Other Filings/Notices. Proposed Document was not submitted as a separate attachment. Other error(s) with document(s): "Notice of Lodging" should be main document with the "Proposed Judgment" as the attachment. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
May 23, 2014 Filing 605 DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/28/14, DOCUMENT #607 . NOTICE of Offer of Judgment filed by defendant Navistar, Inc.. Following Order Granting Summary Judgment (Martinovich, Edward) Modified on 5/30/2014 (bm).
May 22, 2014 Filing 604 NOTICE of Settlement filed by DEFENDANT Warren Pumps, LLC. (Ames, Richard)
May 22, 2014 Filing 603 NOTICE OF WITHDRAWAL OF SUMMARY JUDGMENT re MOTION for Summary Adjudication MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment #551 filed by Defendant Warren Pumps, LLC. (Ames, Richard)
May 22, 2014 Opinion or Order Filing 602 MINUTES (IN CHAMBERS) ORDER GRANTING Navistar's Unopposed Motion for Summary Judgment, REQUESTING Reply Briefs from Warren Pumps, LLC and Ford Motor Company, and CONTINUING Pending Motions for Summary Judgment by Judge Audrey B. Collins granting #548 Motion for Summary Judgment: Pending before the Court is Navistar, Inc.'s Motion for Summary Judgment (Docket No. 548), which was unopposed. (Docket No. 595.) Under Local Rule 7-12, Plaintiffs' failure to timely oppose "may be deemed consent to the granting or denial of the motion." Having reviewed the merits of Navistar's motion and in light of Plaintiffs' failure to dispute the facts set forth therein, the Court GRANTS Navistar's unopposed motion for summary judgment. Navistar is ORDERED to submit a Proposed Judgment within ten (10) days of the date of this Order. Also pending before the Court are four motions for summary judgment or summary adjudication filed by Defendants: (1) Defendant Mack Trucks, Inc.'s Motion for Summary Judgment or Partial Summary Judgment (Docket No. 546); (2) Defendant Warren Pumps, LLC's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (Docket No. 551); (3) Defendant Air and Liquid Systems Corporation's (individually and as successor-in-interest to Buffalo Pumps, Inc.) Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (Docket No. 552); and (4) Defendant Ford Motor Companys Motion for Summary Judgment or Alternatively, Summary Adjudication (Docket No. 564). Plaintiffs Johnny Ray Penegar, Jr. and Carra Jane Penegar opposed the motions. (Docket Nos. 580, 581, 582, 594.) Only Mack Trucks and Air and Liquid filed reply briefs. (Docket Nos. 596, 591, 592.) Although the Court acknowledges that reply briefs are optional under Local Rule 7-10 ("[a] moving party may... serve and file a reply memorandum"), reply briefs are especially helpful to the Court on motions for summary judgment. As such, the Court ORDERS Warren Pumps and Ford to file their reply briefs and any declarations or other rebuttal evidence no later than Friday, May 30, 2014. To accommodate the reply briefing schedule, the Court CONTINUES the June 2, 2014 hearing on the five pending motions for summary judgment to June 9, 2014 at 10:00 a.m. (bm)
May 21, 2014 Filing 601 Notice of Withdrawal of Motion for Summary Judgment,,,,, #550 filed by Defendant SYD Carpenter Marine Contractor, Inc.. (Galfayan, Arpi)
May 16, 2014 Opinion or Order Filing 600 MINUTE ORDER IN CHAMBERS Setting Deadline for Filing Dismissal of Action as to Defendant Kelsey-Hayes Company by Judge Audrey B. Collins: Accordingly, the Court ORDERS Plaintiffs to file their dismissal of the action as to Defendant Kelsey-Hayes Company no later than June 16, 2014. If the action has not been dismissed by that date, the parties are ORDERED to file a joint status report no later than June 16, 2014, updating the Court on the status of this matter. Pursuant to Kelsey-Hayes' notice withdrawing its summary judgment motion, Kelsey-Hayes' pending motion for summary judgment is taken off calendar. (bm)
May 15, 2014 Filing 599 Notice of Withdrawal of Motion for Summary Judgment,, #562 filed by Defendant Kelsey-Hayes Company. (Greenslade, Joseph)
May 15, 2014 Filing 598 NOTICE of Settlement filed by Defendant Kelsey-Hayes Company. (Greenslade, Joseph)
May 14, 2014 Filing 597 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Non-Opposition to Motion #595 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Non-Opposition to Motion. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
May 12, 2014 Filing 596 REPLY Support MOTION for Summary Judgment as to by Defendant Mack Trucks, Inc. #546 filed by Defendant Mack Trucks, Inc.. (Attachments: #1 Declaration Declaration of James J. Ostertag in Reply to Plaintiffs' Opposition to Motion for Summary Judgment or Partial Summary Judgment by Defendant Mack Trucks, Inc, #2 Memorandum Objections to Evidence Offered in Plaintiffs' Opposition to Motion for Summary Judgment by Defendant Mack Trucks, Inc.)(Martinovich, Edward)
May 12, 2014 Filing 595 NOTICE OF PLAINTIFFS' NON-OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT BY DEFENDANT NAVISTAR, INC. re MOTION for Summary Judgment as to Defendant Navistar, Inc. #548 filed by Defendant Navistar, Inc.. (Martinovich, Edward)
May 12, 2014 Filing 594 OPPOSITION re: MOTION for Summary Judgment or Summary Adjudication #564 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Declaration of Alexandra Shef in Support of Plaintiffs' Opposition & Exhibits A-F, #2 Exhibit G-J, #3 Exhibit K-P, #4 Separate Statement, #5 Proposed Order, #6 Proof of Service)(Shef, Alexandra)
May 12, 2014 Filing 593 Objection to Plaintiffs' Evidence in Opposition to Motion for Summary Judgment In Support of Reply re: MOTION for Summary Judgment as to All claims MOTION for Partial Summary Judgment as to punitive damages #552 filed by Defendant Air & Liquid Systems Corporation. (Strunk, Christopher)
May 12, 2014 Filing 592 REPLY In Support of Motion MOTION for Summary Judgment as to All claims MOTION for Partial Summary Judgment as to punitive damages #552 filed by Defendant Air & Liquid Systems Corporation. (Attachments: #1 Exhibit Reply to Plaintiffs' Separate Statement in Support of Motion for Summary Judgment, #2 Declaration of Christopher Strunk in Support of Reply to Motion for Summary Judmgnet)(Attorney Christopher D Strunk added to party Air & Liquid Systems Corporation(pty:dft))(Strunk, Christopher)
May 12, 2014 Filing 591 REPLY In Support Of MOTION for Summary Judgment as to Causation #550 filed by Defendant SYD Carpenter Marine Contractor, Inc.. (Attachments: #1 Declaration of Arpi Galfayan in Support of Syd Carpenter, Marine Contractor, Inc.'s Reply Brief, #2 Exhibit A to the Declaration of Arpi Galfayan, #3 Exhibit B to the Declaration of Arpi Galfayan, #4 Exhibit C to the Declaration of Arpi Galfayan)(Galfayan, Arpi)
May 7, 2014 Opinion or Order Filing 590 ORDER RE: JOINT STIPULATION TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE THEIR OPPOSITION TO DEFENDANT KELSY-Hayes COMPANY'S MOTION FOR SUMMARY JUDGMENT by Judge Audrey B. Collins. Pursuant to the Joint Stipulation to Extend Deadline for Plaintiffs to File their Opposition to Defendant Kelsey-Hayes Company's Motion for Summary Judgment filed on April 14, 2014, between Plaintiffs JOHNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and Defendant Kelsey-Hayes Company, it is ordered that: The deadline for Plaintiffs' opposition is continued from April 28, 2014 to May 19, 2014., re Stipulation for Extension of Time to File Response/Reply, #588 (bp)
May 6, 2014 Filing 588 STIPULATION for Extension of Time to File Plaintiffs' Opposition to Kelsey-Hayes Motion for Summary Judgment filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Attorney Crystal Marsh added to party Carra Jane Penegar(pty:pla), Attorney Crystal Marsh added to party Johnny Ray Penegar, Jr(pty:pla))(Marsh, Crystal)
May 6, 2014 Filing 587 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice #586 . The following error(s) was found: Incorrect event selected. The correct event is: Errata UNDER Other Filings--->Miscellaneous Filings (Non-Motion). Above event will let you link back to incorrect docket entry re Doc. #585 (cb)
May 5, 2014 Opinion or Order Filing 589 ORDER by Judge Audrey B. Collins: - NOTE: CHANGES MADE BY THE COURT - Plaintiffs' Ex Parte Application To Allow The Late Filed Amended Memorandums In Opposition To The Motion For Summary Judgment Or In The Alternative, Allow Plaintiffs Timely Filed Memorandums To Exceed 25 Pages is hereby GRANTED as follows: First: The Amended Memorandum in Opposition to Air & Liquid Systems Corporation's Motion for Summary Judgment is deemed in proper form and timely filed. Second: The Amended Memorandum in Opposition to Mack Trucks Inc.'s Motion for Summary Judgment is deemed in proper form and timely filed. Third: The Amended Memorandum in Opposition to Warren Pumps, LLC's Motion for Summary Judgment is deemed in proper form and timely filed. The Court also orders all future filings in this matter to use 14-point Times New Roman font. The Court declines to allow extra time for reply briefs, as the substance of the Amended Memoranda is substantially similar to the timely filed Memoranda. The Court also declines to award fees or costs, given that this dispute could and should have been resolved by stipulation and proposed order. RE:granting #583 Ex Parte Application to Amend/Correct (lw)
May 5, 2014 Filing 586 NOTICE of Errata filed by Defendant Air & Liquid Systems Corporation, Warren Pumps, LLC. Re Opposition to Plaintiffs Ex parte Application re: Page Limitations (Hughes, John)
May 5, 2014 Filing 585 NOTICE OF NON-OPPOSITION Opposition to ExParte Application filed by Defendants Air & Liquid Systems Corporation, Warren Pumps, LLC. (Attorney John F Hughes added to party Air & Liquid Systems Corporation(pty:dft))(Hughes, John)
May 5, 2014 Filing 584 by Defendant Mack Trucks, Inc. to Plaintiffs' Ex Parte Application to Allow the Late Filed Amended Memorandums in Opposition to the Motion for Summary Judgment support re: EX PARTE APPLICATION to Amended re Objection/Opposition (Motion related) #581 , Objection/Opposition (Motion related) #580 , Objection/Opposition (Motion related) #582 #583 filed by Defendant Mack Trucks, Inc.. (Attachments: #1 Declaration of Edward Martinovich in Opposition to Plaintiffs' Ex Patrte Application)(Martinovich, Edward)
May 2, 2014 Filing 583 EX PARTE APPLICATION to Amended re Objection/Opposition (Motion related) #581 , Objection/Opposition (Motion related) #580 , Objection/Opposition (Motion related) #582 filed by Plaintiff Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Shef, Alexandra)
May 1, 2014 Filing 582 AMENDED OPPOSITION re: MOTION for Summary Judgment as to All claims MOTION for Partial Summary Judgment as to punitive damages #552 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
April 30, 2014 Filing 581 AMENDED OPPOSITION re: MOTION for Summary Adjudication MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment #551 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
April 29, 2014 Filing 580 AMENDED OPPOSITION re: MOTION for Summary Judgment as to by Defendant Mack Trucks, Inc. #546 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Shef, Alexandra)
April 28, 2014 Filing 579 OPPOSITION re: MOTION for Summary Adjudication MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment #551 BY WARREN PUMPS filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Separate Statements in Support of Plaintiffs' Opposition, #2 Memorandum of Evidentiary Objections in Support of Plaintiffs' Opposition, #3 Proposed Order, #4 Proof of Service, #5 Declaration of Crystal E. Marsh, Exhibits A-J, #6 Exhibit K-1, #7 Exhibit K-2, #8 Exhibit K-3, #9 Exhibit K-4, #10 Exhibit K-5, #11 Exhibit K-6, #12 Exhibit L-1, #13 Exhibit L-2, #14 Exhibit L-3, #15 Exhibit L-4, #16 Exhibit L-5, #17 Exhibit M-1, #18 Exhibit M-2, #19 Exhibit M-3, #20 Exhibit N-1, #21 Exhibit N-2, #22 Exhibit N-3, #23 Exhibit N-4, #24 Exhibit O-Q, #25 Exhibit R-S)(Shef, Alexandra)
April 28, 2014 Filing 578 OPPOSITION in opposition to re: MOTION for Summary Judgment as to by Defendant Mack Trucks, Inc. #546 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Separate Statement of Disputed Material Facts In Opposition to Defendant Mack Trucks, Inc.'s Motion for Summary Judgment, #2 Memorandum of Evidentiary Objections in Support of Plaintiffs' Opposition to Defendant Mack Trucks, Inc.'s Motion for Summary Judgment, #3 Declaration of Peter C. Beirne in Support of Plaintiffs' Opposition to Defendant Mack Trucks, Inc.'s Motion for Summary Judgment, #4 Proposed Order Denying Defendant Mack Truck, Inc.'s Motion for Summary Judgment, #5 Proof of Service)(Shef, Alexandra)
April 28, 2014 Filing 577 OPPOSITION in opposition to re: MOTION for Summary Judgment as to All claims MOTION for Partial Summary Judgment as to punitive damages #552 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Separate Statement of Disputed Material Facts In Opposition to Defendant Air & Liquid Systems Corporation's Motion for Summary Judgment, #2 Memorandum of Evidentiary Objections in Support of Plaintiffs' Opposition to Defendant Air & Liquid Systems Corporation's Motion for Summary Judgment, #3 Declaration of Crystal Marsh in Support of Plaintiffs' Opposition to Defendant Air & Liquid Systems Corporation's Motion for Summary Judgment - Part 1, #4 Declaration of Crystal Marsh in Support of Plaintiffs' Opposition to Defendant Air & Liquid Systems Corporation's Motion for Summary Judgment - Part 2, #5 Declaration of Crystal Marsh in Support of Plaintiffs' Opposition to Defendant Air & Liquid Systems Corporation's Motion for Summary Judgment - Part 3, #6 Proposed Order Denying Defendant Air & Liquid Systems Corporation's Motion for Summary Judgment, #7 Proof of Service)(Shef, Alexandra)
April 28, 2014 Filing 574 OPPOSITION re: MOTION for Summary Judgment as to Causation #550 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Separate Statements in Support of Plaintiffs' Opposition, #2 Memorandum of Evidentiary Objections in Support of Plaintiffs' Opposition, #3 Declaration of Alexandra Shef in Support of Plaintiffs' Opposition, #4 Declaration of Alexandra Shef in Support of Plaintiffs' Rule 56(d) and 6(b) Requests, #5 Proposed Order, #6 Proof of Service)(Shef, Alexandra)
April 25, 2014 Opinion or Order Filing 576 ORDER RE: SETTLEMENT AND DISMISSAL OF HONEYWELL INTERNATIONAL, INC., by Judge Audrey B. Collins. Based upon the AGREED UPON STIPULATION submitted by Plaintiffs Johnny Ray Penegar and Carra Penegar and Defendant HONEYWELL INTERNATIONAL, INC., with this order and the terms contained therein, it is hereby ORDERED that HONEYWELL INTERNATIONAL, INC. is DISMISSED from this action with prejudice, each party to bear its own costs, re Stipulation to Dismiss Party #570 (bp)
April 25, 2014 Opinion or Order Filing 575 ORDER RE: SETTLEMENT AND DISMISSAL OF ARVINMERITOR INC. by Judge Audrey B. Collins. Based upon the STIPULATION REGARDING SETTLEMENT AND DISMISSAL OF ARVINMERITOR, INC. submitted by Plaintiffs Johnny Ray Penegar, Jr. and Carra Jane Penegar and Defendnat ARVINMERITOR, INC., with this order and the terms contained therein, it is hereby ORDERED and ARVINMERITOR, INC. is DISMISSED from this action with prejudice, each party to bear its own costs. (bp)
April 25, 2014 Opinion or Order Filing 573 ORDER RE: JOINT STIPULATION TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE THEIR OPPOSITION TO DEFENDANT KELSEY-HAYES COMPANY'S MOTION FOR SUMMARY JUDGMENT by Judge Audrey B. Collins, re Stipulation for Extension of Time to File Response/Reply, #569 : Pursuant to the Joint Stipulation to Extend Deadline for Plaintiffs to File their Opposition to Defendant Kelsey-Hayes Companys Motion for Summary Judgment filed on April 14, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and Defendant Kelsey-Hayes Company, it is ordered that: The deadline for Plaintiffs opposition is continued from April 28, 2014 to May 12, 2014. (bm)
April 25, 2014 Opinion or Order Filing 572 ORDER RE: JOINT STIPULATION TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE THEIR OPPOSITION TO DEFENDANT FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT by Judge Audrey B. Collins, re Stipulation for Extension of Time to File Response/Reply, #568 : Pursuant to the Joint Stipulation to Extend Deadline for Plaintiffs to File their Opposition to Defendant Ford Motor Companys Motion for Summary Judgment filed on April 21, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and Defendant FORD MOTOR COMPANY, it is ordered that: Based on the two week extension for Defendant Ford Motor Company's Motion for Summary Judgment, Plaintiffs are granted a two week extension for their opposition. The deadline for Plaintiffs' opposition is continued from April 28, 2014 to May 12, 2014. (bm)
April 25, 2014 Filing 571 STIPULATION to Dismiss DEFENDANT Arvinmeritor, Inc. filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
April 25, 2014 Filing 570 STIPULATION to Dismiss DEFENDANT Honeywell International, Inc. filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
April 24, 2014 Filing 569 Joint STIPULATION for Extension of Time to File Opposition as to MOTION for Summary Judgment or, in the Alternative, for Partial Summary Judgment #562 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Dam, Case)
April 24, 2014 Filing 568 Joint STIPULATION for Extension of Time to File OPPOSITION as to MOTION for Summary Judgment or Summary Adjudication #564 filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Shef, Alexandra)
April 22, 2014 Opinion or Order Filing 567 MINUTES (IN CHAMBERS) ORDER GRANTING Motions to Apply North Carolina Law by Judge Audrey B. Collins granting #489 Motion; granting #502 Motion: Accordingly, the motions to apply North Carolina law are GRANTED. It is hereby ORDERED that North Carolina law shall apply to Plaintiffs' claims against Mack Trucks, Navistar, and Ford in this action as follows: 1. North Carolina's non-availability of strict liability claims; 2. North Carolina's statutory cap on punitive damages; and 3. North Carolina's standard of causation in negligence cases. (see document for further details) (bm)
April 22, 2014 Filing 566 Notice of Appearance or Withdrawal of Counsel: for attorney Lisa K Rauch counsel for Defendant IMO Industries, Inc.. Filed by Defendant Imo Industries Inc.. (Rauch, Lisa)
April 22, 2014 Filing 565 In accordance with the Court's August 5, 2013 scheduling conference order (Docket No. 317), the hearing on Ford Motor Company's Motion for Summary Judgment (Docket No. 564) is CONTINUED from Mary 19, 2014 to June 2, 2014 at 10:00 a.m. before Judge Audrey B. Collins. A. Bridges, Court Clerk to Judge Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
April 21, 2014 Filing 564 NOTICE OF MOTION AND MOTION for Summary Judgment or Summary Adjudication filed by defendant Ford Motor Company. Motion set for hearing on 5/19/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Separate Statement, #2 Declaration, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G Part 1, #10 Exhibit Exhibit G Part 2, #11 Proposed Order)(White, Paul)
April 15, 2014 Filing 563 In accordance with the Court's August 5, 2013 scheduling conference order (Docket No. 317), the hearing on Kelsy-Hayes Company's Motion for Summary Judgment (Docket No. 562.) is CONTINUED from Mary 19, 2014 to June 2, 2014 at 10:00 a.m. before Judge Audrey B. Collins. A. Bridges, Court Clerk to Judge Collins.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
April 14, 2014 Filing 562 NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, for Partial Summary Judgment filed by Defendant Kelsey-Hayes Company. Motion set for hearing on 5/19/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Points & Authorities, #2 Declaration of Joseph L. Greenslade, #3 Exhibit A thru C to Greenslade Declaration, #4 Exhibit D thru H to Greenslade Declaration, #5 Proposed Separate Statement, #6 Proposed Order, #7 Proposed Judgment)(Greenslade, Joseph)
April 10, 2014 Opinion or Order Filing 561 MINUTES (IN CHAMBERS) ORDER Taking Motions to Apply North Carolina Law UNDER SUBMISSION by Judge Audrey B. Collins taking under submission #489 Motion for Hearing; taking under submission #502 Motion: Pending before the Court are: (1) Defendants Mack Trucks, Inc. and Navistar, Inc.'s Motion to Apply North Carolina Law as to Plaintiffs' Claims, filed on March 10, 2014 (Docket Nos. 489, 494); and (2) Defendant Ford Motor Company's Motion to Apply North Carolina Law as to Plaintiffs' Claims, filed on March 12, 2014 (Docket No. 502). The Court finds these matters appropriate for resolution without oral argument and VACATES the April 14, 2014 hearing date. Fed. R. Civ. P. 78; Local Rule 7-15. The Court takes the matters UNDER SUBMISSION.The Court takes Defendant ArvinMeritor Inc.'s Motion to Apply North Carolina Law, filed on February 25, 2014 (Docket No. 461), OFF CALENDAR pursuant to the parties' stipulation, filed on April 9, 2014. (Docket No. 557.) The Court construes the parties' stipulation as a request that the motion be withdrawn and not ruled upon. Defendant Georgia Pacific LLC joined ArvinMeritor's motion on February 26. (Docket No. 467.) Defendant Kelsey-Hayes Company also joined ArvinMeritor's motion on February 27. (Docket No. 472.) Defendant Goodyear Tire & Rubber Company joined ArvinMeritor's motion on February 28. (Docket No. 475.) Defendant BorgWarner Morse Tec Inc., as successor by merger to Borg-Warner Corporation, joined on February 28. (Docket No. 477.) Defendant Dana Companies LLC also joined the motion, although it has since been dismissed from this action. (Docket Nos. 469, 485.) (bm)
April 10, 2014 Opinion or Order Filing 560 ORDER TAKING ARVINMERITOR, INC.'S NOTICE AND MOTION TO APPLY NORTH CAROLINA LAW HEARING OFF-CALENDAR by Judge Audrey B. Collins, re MOTION #489 : NOTE: CHANGES MADE BY THE COURT. Based upon the stipulation submitted by Plaintiffs Johnny Ray Penegar, Jr. and Carra Jane Penegar and Defendant ArvinMeritor, Inc., IT IS HEREBY ORDERED that ArvinMeritor, Inc.s Notice and Motion to Apply North Carolina Law set for hearing on April 14, 2014, is Off-Calendar, and the Court will not rule upon it. (bm)
April 9, 2014 Filing 558 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Summary Judgment #552 , Certificate of Service #553 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Title page is missing. Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text indicates motion is noticed for a hearing date of 6/2/15 #552 . It appears that attached proposed orders should have been e-filed as separate, additional attachments to a Notice of Lodging #553 . 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
April 9, 2014 Filing 557 STIPULATION for Hearing re Notice (Other), #461 filed by defendant Arvinmeritor, Inc.. (Attachments: #1 Proposed Order)(Bowlby, Stephanie)
April 8, 2014 Opinion or Order Filing 559 ORDER RE JOINT STIPULATION TO EXTEND DEADLINE TO FILE MOTION FOR SUMMARY JUDGMENT by Judge Audrey B. Collins, re Stipulation for Extension of Time to File #549 : Pursuant to the stipulation and agreement filed on April 7, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant FORD MOTOR COMPANY, it is ordered that: The deadline for Ford to file its motion for summary judgment or partial summary judgment is continued from April 7, 2014 to April 21, 2014. (bm)
April 8, 2014 Filing 556 Notice of Appearance or Withdrawal of Counsel: for attorney Michael B Giaquinto counsel for Defendants Arvinmeritor, Inc., John Crane, Inc.. Michael B. Giaquinto is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant ArvinMeritor Inc. and John Crane Inc.. (Giaquinto, Michael)
April 8, 2014 Filing 555 Notice of Appearance or Withdrawal of Counsel: for attorney Anosheh A Hormozyari counsel for Defendant Pneumo-Abex, LLC. ANOSHEH A. HORMOZYARI will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice.ANOSHEH A. HORMOZYARI is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by DEFENDANT PNEUMO ABEX, LLC. (Hormozyari, Anosheh)
April 7, 2014 Opinion or Order Filing 554 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF LARRY LIUKONEN by Judge Audrey B. Collins, re Stipulation to Produce #542 : Pursuant to the stipulation and agreement filed on April 4, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant THE GOODYEAR TIRE & RUBBER COMPANY, it is ordered that: 1. Larry Liukonen will be offered for deposition 48 hours prior to the date Defendant The Goodyear Tire & Rubber Company intends to offer his testimony at trial. 2. Telephonic Deposition is Agreeable. 3. Expert reports and writings will be served within 48 hours of receipt, or 48 hours prior to the deposition; whichever occurs first. (bm)
April 7, 2014 Filing 553 DECLARATION of Richard Ames MOTION for Summary Judgment as to All claims MOTION for Partial Summary Judgment as to punitive damages #552 certificate of service filed by Defendant Air & Liquid Systems Corporation. (Attachments: #1 Proposed Order proposed order, #2 Proposed Order proposed judgment)(Ames, Richard)
April 7, 2014 Filing 552 NOTICE OF MOTION AND MOTION for Summary Judgment as to All claims , MOTION for Partial Summary Judgment as to punitive damages filed by Defendant Air & Liquid Systems Corporation. Motion set for hearing on 6/2/2015 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of authorities, #2 statement of undisputed facts, #3 Declaration of Richard Ames, #4 Exhibit A plaintiff's deposition, #5 Exhibit B Horne report, #6 Exhibit C Plaintiffs disclosures, #7 Exhibit D plaintiff's discovery responses, #8 Exhibit E Kraft declaration, #9 Exhibit F Ringo report, #10 Exhibit G Forman report, #11 Exhibit H part one, #12 Exhibit H part two)(Attorney Richard R Ames added to party Air & Liquid Systems Corporation(pty:dft))(Ames, Richard)
April 7, 2014 Filing 551 WITHDRAWN PURSUANT TO NOTICE E-FILED BY COUNSEL ON 5/22/14, DOCUMENT #603 . NOTICE OF MOTION AND MOTION for Summary Adjudication , MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment filed by Defendant Warren Pumps, LLC. Motion set for hearing on 6/2/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum in Suppor to Motion for Summary Judgment, or in the alternative, partial partial summary judgment, #2 Exhibit Separate Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration Declaration of Richard R. Ames, #4 Exhibit A in Support of Declaration of Richard R. Ames, #5 Exhibit B in Support of Declaration of Richard R. Ames, #6 Exhibit C in Support of Declaration of Richard R. Ames, #7 Exhibit D in Support of Declaration of Richard R. Ames, #8 Exhibit E Part One of Two in Support of Declaration of Richard R. Ames, #9 Exhibit E Part Two of Two in Support of Declaration of Richard R. Ames, #10 Exhibit F Part One of Two in Support of Declaration of Richard R. Ames, #11 Exhibit G Part One of Two in Support of Declaration of Richard R. Ames, #12 Proposed Order, #13 Proposed Order)(Ames, Richard) Modified on 5/27/2014 (bm).
April 7, 2014 Filing 550 WITHDRAWN PURSUANT TO NOTICE E-FILED BY COUNSEL ON 5/21/14, DOCUMENT #601 . NOTICE OF MOTION AND MOTION for Summary Judgment as to Causation filed by Defendant SYD Carpenter Marine Contractor, Inc.. Motion set for hearing on 6/2/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of Points and Authorities in Support of its Motion for Summary Judgment, #2 Statement of Uncontroverted Facts in Support of Motion for Summary Judgment, #3 Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #4 Exhibit A to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #5 Exhibit B to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #6 Exhibit C to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #7 Exhibit D to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #8 Exhibit E to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #9 Exhibit F to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #10 Exhibit G to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #11 Exhibit H to the Declaration of Arpi Galfayan in Support of Motion for Summary Judgment, #12 Declaration of James Carpenter in Support of Motion for Summary Judgment, #13 [Proposed] Judgment Granting Defendant Syd Carpenter, Marine Contractor, Inc.'s Motion for Summary Judgment)(Galfayan, Arpi) Modified on 5/22/2014 (bm).
April 7, 2014 Filing 549 Joint STIPULATION for Extension of Time to File MSJ/MSA filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(White, Paul)
April 7, 2014 Filing 548 NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant Navistar, Inc. filed by defendant Navistar, Inc.. Motion set for hearing on 6/2/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Edward Martinovich, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G, #11 Exhibit Exhibit H, #12 Exhibit Exhibit I, #13 Exhibit Exhibit J, #14 Exhibit Exhibit K, #15 Exhibit Exhibit L, #16 Exhibit Exhibit M, #17 Affidavit Proof of Service, #18 Proposed Order [Proposed] Judgment Granting Motion for Summary Judgment, #19 Proposed Order [Proposed] Order Granting Motion for Partial Summary Judgment)(Martinovich, Edward)
April 7, 2014 Opinion or Order Filing 547 ORDER RE JOINT STIPULATION TO EXTEND DEADLINE FOR DEFENDANT BORGWARNER MORSE TEC INC. AS SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION'S TO FILE MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 16(B)(4) by Judge Audrey B. Collins, re Stipulation #544 : Pursuant to the stipulation and agreement filed on April 4, 2014, between counsel for defendant BORGWARNER MORSE TEC INC. AS SUCCESSOR-BYMERGER TO BORG-WARNER CORPORATION ("BorgWarner") and counsel for plaintiffs JOHNNY RAY PENEGAR, JR., and CARRA JANE PENEGAR ("plaintiffs"), it is hereby ordered that: 1. The deadline for defendant BORGWARNER MORSE TEC INC. AS SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION ("BorgWarner") to file a motion for summary judgment or partial summary judgment in this action is April 7, 2014. 2. The deadline for BorgWarner to file its motion for summary judgment or partial summary judgment is continued from April 7, 2014 to April 21, 2014. (bm)
April 7, 2014 Filing 546 NOTICE OF MOTION AND MOTION for Summary Judgment as to by Defendant Mack Trucks, Inc. filed by defendant Mack Trucks, Inc.. Motion set for hearing on 6/2/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Edward Martinovich, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G, #11 Exhibit Exhibit H, #12 Exhibit Exhibit I, #13 Exhibit Exhibit J, #14 Exhibit Exhibit K, #15 Exhibit Exhibit L, #16 Exhibit Exhibit M, #17 Proposed Order [Proposed] Judgment, #18 Proposed Order [Proposed] Order, #19 Affidavit Proof of Service)(Martinovich, Edward)
April 7, 2014 Filing 545 NOTICE of Change of address by John F Hughes attorney for Defendant Warren Pumps, LLC. Changing attorneys address to 1111 Broadway Street, Suite 1700, Oakland, CA 94607. Filed by Defendant Warren Pumps, LLC. (Hughes, John)
April 4, 2014 Filing 544 STIPULATION for Order Joint Stipulation to Extend Deadline for Defendant BorgWarner Morse Tec Inc as successor-by-merger to Borg-Warner Corporation's to file Motion for Summary Judgment or Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 16(b)(4) filed by defendant Borg-Warner Morse Tec, Inc..(Barba, Luis)
April 4, 2014 Filing 543 Joint STIPULATION for Extension of Time to File Motion for Summary Judgment or Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 16(B)(4) filed by defendant Borg-Warner Morse Tec, Inc.. (Attachments: #1 Proposed Order Order RE Joint Stipulation To Extend Deadline for Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation to File Motion for Summary Judgment or Partial Summary Judgment Pursuant to Federal Rule of Civil Procedure 16(B)(4))(Barba, Luis)
April 4, 2014 Filing 542 STIPULATION to Produce Expert Larry Liukonen 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
April 1, 2014 Opinion or Order Filing 541 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF STEVEN PASKAL #523 by Judge Audrey B. Collins. It is ordered that: 1. Although the deadline for expert discovery in this action is March 24, 2014, Plaintiff's expert, Mr. Steven Paskal, shall be deposed on April 14, 2014 in Lithicum Heights, Maryland. (lom)
April 1, 2014 Opinion or Order Filing 540 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF PATRICIA HALLS #524 by Judge Audrey B. Collins. It is ordered that: 1. Defendant ArvinMeritor, Inc. offered Patricia Hall for deposition prior to the close of expert discovery. The parties stipulate that Patricia Hall will be offered by Defendant ArvinMeritor, Inc. for deposition 1 week before Patricia Hall's testimony at trial in this case. (lom)
April 1, 2014 Opinion or Order Filing 539 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF JOHN HENSHAW #525 by Judge Audrey B. Collins. It it is ordered that: 1. Defendant ArvinMeritor, Inc. offered John Henshaw for deposition prior to the close of expert discovery. The parties stipulate that John Henshaw will be offered by Defendant ArvinMeritor, Inc. for deposition 1 week before John Henshaw's testimony at trial in this case. (lom)
April 1, 2014 Opinion or Order Filing 538 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF DR. SURESH MOOLGAVKAR #526 by Judge Audrey B. Collins. It is ordered that: 1. Defendants Borg-Warner Corporation & ArvinMeritor, Inc. offered Dr. Suresh Moolgavkar for deposition prior to the close of expert discovery. The parties stipulate that Dr. Suresh Moolgavkar will be offered by Defendants Borg-Warner Corporation & ArvinMeritor, Inc. for deposition 48 hours before Dr. Suresh Moolgavkar's testimony at trial in this case. (lom)
April 1, 2014 Opinion or Order Filing 537 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF DR. VICTOR ROGGLI #528 by Judge Audrey B. Collins. It is ordered that: 1. Defendants ArvinMeritor, Inc., Borg-Warner Morse Tec, Inc., Kelsey-Hayes Company, and The Goodyear Tire and Rubber Company, offered Dr. Victor Roggli for deposition prior to the close of expert discovery. The parties stipulate that Dr. Victor Roggli will be offered by Defendants ArvinMeritor, Inc., Borg-Warner Morse Tec, Inc., Kelsey-Hayes Company, and The Goodyear Tire and Rubber Company, for deposition 48 hours before Dr. Victor Roggli's testimony at trial in this case. (lom)
April 1, 2014 Opinion or Order Filing 536 ORDER RE: FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF JAMES DELANE #527 by Judge Audrey B. Collins. It is ordered that: 1. Defendants ArvinMeritor, Inc., Kelsey-Hayes Company, and The Goodyear Tire and Rubber Company, offered James Delaney for deposition prior to the close of expert discovery. The parties stipulate that James Delaney will be offered by Defendants ArvinMeritor, Inc., Kelsey-Hayes Company, and The Goodyear Tire and Rubber Company, for deposition 1 week before James Delaney's testimony at trial in this case. (lom)
April 1, 2014 Opinion or Order Filing 530 MINUTE ORDER IN CHAMBERS ORDER CONTINUING MOTIONS HEARING by Judge Audrey B. Collins: Pending before the Court are: Defendant ArvinMeritor Inc.'s Motion to Apply North Carolina Law, filed on February 25, 2014 (Docket No. 461); and Defendant Mark Trucks, Inc. and Navistar, Inc.'s Motion to Apply North Carolina Law as to Plaintiffs' Claims, filed on March 10, 2014 (Docket Nos. 489, 494). Both motions are set for hearing on April 7, 2014. The Court CONTINUES the hearing on the motions to April 14, 2014 at 10:00 a.m. (bp)
March 31, 2014 Opinion or Order Filing 535 ORDER by Judge Audrey B. Collins RE FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF DR. KHALIL SHEIBANI re Stipulation to Produce #521 . Dr. Khalil Sheibani will be offered by Defendant Syd Carpenter, Marine Contractor, Inc. for deposition 48 hours before Dr. Khalil Sheibani's testimony at trial in this case. (cb)
March 31, 2014 Opinion or Order Filing 534 ORDER RE by Judge Audrey B. Collins FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF TIM BORMANN re Stipulation to Produce #520 . Tim Bormann will be offered by Defendant Syd Carpenter, Marine Contractor, Inc. for deposition 48 hours before Tim Bormann's testimony at trial in this case. (cb)
March 31, 2014 Opinion or Order Filing 533 ORDER by Judge Audrey B. Collins RE FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF DR. SHELDON RABINOVITZ re Stipulation to Produce #519 . Dr. Sheldon Rabinovitz will be offered by Defendant BorgWarner Morse Tec Inc. for deposition 48 hours before Dr. Sheldon Rabinovitz's testimony at trial in this case. (cb)
March 31, 2014 Opinion or Order Filing 532 ORDER by Judge Audrey B. Collins RE FEDERAL RULE OF CIVILPROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF DR. NORMAN MOSCOW re Stipulation to Produce #518 . Dr. Norman Moscow will be offered by Defendant BorgWarner Morse Tec Inc. for deposition 48hours before Dr. Norman Moscow's testimony at trial in this case. (cb)
March 31, 2014 Opinion or Order Filing 531 ORDER by Judge Audrey B. Collins RE FEDERAL RULE OF CIVIL PROCEDURE 29 STIPULATION AGREEMENT BY THE PARTIES REGARDING THE DEPOSITION OF DR. C. ALAN BROWN re Stipulation to Produce #517 . Dr. C. Alan Brown will be offered by Defendant BorgWarner Morse Tec Inc. for deposition 48 hours before Dr. C. Alan Brown's testimony at trial in this case. (cb)
March 31, 2014 Filing 529 REPLY In Support of MOTION for Order for Granting Ford Motor Company's Motion to Apply North Carolina Law as to Plaintiffs' Claims /Defendant Ford Motor Company's Notice of Motion to Apply North Carolina Law as to Plaintiffs' Claims; Declaration of #502 filed by Defendant Ford Motor Company. (White, Paul)
March 31, 2014 Filing 528 STIPULATION to Produce Dr. Victor Roggli 1 Week Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 31, 2014 Filing 527 STIPULATION to Produce Expert James Delaney 1 Week Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 31, 2014 Filing 526 STIPULATION to Produce Dr. Suresh Moolgavkar 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 31, 2014 Filing 525 STIPULATION to Produce Expert John Henshaw 1 Week Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 31, 2014 Filing 524 STIPULATION to Produce Expert Patricia Hall 1 Week Before Her Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 31, 2014 Filing 523 STIPULATION to Produce Expert Mr. Steven Paskal filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 28, 2014 Filing 522 NOTICE of Change of Attorney Business or Contact Information: for attorney Stephen M Nichols counsel for Defendant Kelsey-Hayes Company. Changing EMAIL to NONE - NO CONSENT TO ELECTRONIC SERVICE. Filed by Defendant Kelsey-Hayes Company. (Nichols, Stephen)
March 27, 2014 Filing 521 STIPULATION to Produce Dr. Khalil Sheibani 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 27, 2014 Filing 520 STIPULATION to Produce Tim Bormann 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 27, 2014 Filing 519 STIPULATION to Produce Dr. Sheldon Rabinovitz 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 27, 2014 Filing 518 STIPULATION to Produce Dr. Norman Moscow 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 27, 2014 Filing 517 STIPULATION to Produce Dr. C. Alan Brown 48 hours Before His Testimony filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 25, 2014 Opinion or Order Filing 515 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT PNEUMO-ABEX LLC ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #510 . Pneumo-Abex, LLC (sued individually and as successor-in-interest to Abex Corporation and American Brake Bloc) terminated. Each party to bear its own costs. (cb)
March 24, 2014 Opinion or Order Filing 516 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT GENUINE PARTS COMPANY ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #513 . Genuine Parts Company (d/b/a National Automotive Parts Association, Inc. a/k/a NAPA and Rayloc, a division of NAPA ) terminated. Each party to bear its own costs. (cb)
March 24, 2014 Filing 514 OPPOSITION to MOTION for Order for Granting Ford Motor Company's Motion to Apply North Carolina Law as to Plaintiffs' Claims /Defendant Ford Motor Company's Notice of Motion to Apply North Carolina Law as to Plaintiffs' Claims; Declaration of #502 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 24, 2014 Filing 513 STIPULATION to Dismiss DEFENDANT Genuine Parts Company filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order Proposed Order)(Dam, Case)
March 24, 2014 Filing 512 REPLY Memorandum of Points and Authorities in Support of Motion to Apply North Carolina Law as to Plaintiffs' Claims filed by Defendants Mack Trucks, Inc., Navistar, Inc.. (Martinovich, Edward)
March 21, 2014 Filing 511 REPLY filed by Defendant Arvinmeritor, Inc. to Objection/Opposition (Motion related), #504 , Notice (Other), #461 (Bowlby, Stephanie)
March 20, 2014 Filing 510 STIPULATION to Dismiss DEFENDANT Pneumo-Abex, LLC filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Dam, Case)
March 18, 2014 Filing 509 Counsel hereby notified that document 489 that indicated the motion hearing date of 3/31/14 on the docket, but the papers indicated 4/7/14 at 10:00 a.m. is hereby accepted and set on the calendar for 4/7/2014 at 10:00 AM before Judge Audrey B. Collins. A. Bridges, Court Clerk to Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
March 18, 2014 Opinion or Order Filing 508 MINUTES (IN CHAMBERS) ORDER DENYING Amended Motion to Extend Time to File the Expert Report of Captain William Lowell to March 5, 2014 by Judge Audrey B. Collins denying #480 Motion for Extension of Time to File: The Court finds this matter appropriate for resolution without oral argument and VACATES the March 31, 2014 hearing date. Fed. R. Civ. P. 78; Local Rule 7-15. For the reasons below, the motion is DENIED. Accordingly, Plaintiffs' motion to extend the time to file the expert report of Captain Lowell is DENIED for Plaintiffs' failure to show good cause for modification of the Scheduling Order. (see document for further details) (bm)
March 18, 2014 Filing 507 Notice of Appearance or Withdrawal of Counsel: for attorney Bradford J DeJardin counsel for Defendant Kelsey-Hayes Company. Filed by Defendant Kelsey-Hayes Company. (DeJardin, Bradford)
March 17, 2014 Filing 506 OPPOSITION re: MOTION for Hearing Motion to Apply North Carolina Law #489 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Dam, Case)
March 17, 2014 Filing 505 Document 490 accepted as e-filed. Counsel to adhere to the rules and procedures of the Court when e-filing. Every document should reflect what the document truly is, the Court will correct the docket to reflect the true document which is a memorandum of points and authority in support of motion to extend time, etc. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
March 17, 2014 Filing 504 OPPOSITION #461 Defendant ArvinMeritor Inc's Motion to Apply North Carolina Law and Joinders re: MOTION for Joinder in Notice (Other), #461 #467 , MOTION for Joinder in Notice (Other), #461 #477 , MOTION for Joinder in Notice (Other), #461 to Apply North Carolina Law #472 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Declaration of Case A. Dam, #2 Proposed Order)(Dam, Case)
March 14, 2014 Filing 503 NOTICE of Appearance filed by attorney Bobbie R Bailey on behalf of Defendant IMO Industries, Inc. (Bailey, Bobbie)
March 12, 2014 Filing 502 NOTICE OF MOTION AND MOTION for Order for Granting Ford Motor Company's Motion to Apply North Carolina Law as to Plaintiffs' Claims /Defendant Ford Motor Company's Notice of Motion to Apply North Carolina Law as to Plaintiffs' Claims; Declaration of Paul C. White II filed by Defendant Ford Motor Company. Motion set for hearing on 4/14/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Apply North Carolina Law as to Plaintiffs' Claims; Declaration of Paul C. White II, #2 Proposed Order Granting Ford Motor Company's Motion to Apply North Carolina Law as to Plaintiffs' Claims)(White, Paul)
March 12, 2014 Filing 501 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion #489 , Memorandum in Support of Opposition #490 , Notice of Motion #494 . The following error(s) was found: Incorrect event selected. Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. The correct event is: Miscellaneous Filings (Non-Motion)-Memorandum of Points and Authorities in Support (non-motion) #490 , Responses/Replies/Other Motion Related Documents-Notice of Motion #494 . 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
March 11, 2014 Opinion or Order Filing 500 ORDER re PLAINTIFFS' AND DEFENDANTS NAVISTAR, INC. AND MACK TRUCKS, INC.'S STIPULATION EXTENDING DISCOVERY CUT-OFF by Judge Audrey B. Collins, re Stipulation to Extend Discovery Cut-Off Date #459 : Pursuant to the stipulation and agreement filed on February 7, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendants NAVISTAR, INC. and MACK TRUCKS,INC., it is so ordered that the discovery cut-off is extended to allow Plaintiffs to depose Defendants pursuant to Fed. R. Civ. P. 30(b)(6) on or before March 28, 2014 and to allow Defendants depose plaintiff Carra Jane Penegar on or before March 28, 2014. (bm)
March 11, 2014 Opinion or Order Filing 499 ORDER re PLAINTIFFS' AND DEFENDANT, ARVINMERITOR, INC.'S STIPULATION EXTENDING DISCOVERY CUT-OFF by Judge Audrey B. Collins, re Stipulation to Extend Discovery Cut-Off Date #458 : Pursuant to the stipulation and agreement filed on February 7, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant ARVINMERITOR, INC., it is so ordered that the discovery cut-off is extended to allow Plaintiffs to depose Defendant pursuant to Fed. R. Civ. P. 30(b)(6) on or before March 28, 2014. (bm)
March 11, 2014 Filing 498 NOTICE OF LODGING filed [Proposed] Order Denying Plaintiffs' Amended Motion to Extend the Time to File the Expert Report of Captain William Lowell re MEMORANDUM in Opposition to Motion, #492 (Attachments: #1 Proposed Order)(Martinovich, Edward)
March 11, 2014 Filing 497 NOTICE OF LODGING filed [Proposed] Order Granting Motion to Apply North Carolina Law re Notice (Other), #494 (Attachments: #1 Proposed Order)(Martinovich, Edward)
March 10, 2014 Filing 496 Opposition re: Amended MOTION for Extension of Time to File the Expert Report of Captain William Lowell to March 5, 2014 #480 filed by Defendant Warren Pumps, LLC. (Attachments: #1 Declaration of Richard R. Ames)(Ames, Richard)
March 10, 2014 Filing 494 NOTICE Notice of Motion and Motion to Apply North Carolina Law As To Plaintiffs' Claims By Defendants Navistar, Inc. and Mack Trucks, Inc. filed by defendant Mack Trucks, Inc.. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Edward Martinovich, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibits D - F, #7 Affidavit)(Martinovich, Edward)
March 10, 2014 Filing 493 NOTICE OF LODGING filed by Pneumo Abex re Objection/Opposition (Motion related) #486 (Attachments: #1 Proposed Order)(Hormozyari, Anosheh)
March 10, 2014 Filing 492 MEMORANDUM in Opposition to MOTION for Extension of Time to File the Expert Report of Captain William Lowell #474 filed by Defendant Mack Trucks, Inc.. (Attachments: #1 Declaration, #2 Affidavit)(Attorney Edward Martinovich added to party Mack Trucks, Inc.(pty:dft))(Martinovich, Edward)
March 10, 2014 Filing 491 OPPOSITION TO re: Amended MOTION for Extension of Time to File the Expert Report of Captain William Lowell to March 5, 2014 #480 filed by Defendant Ford Motor Company. (White, Paul)
March 10, 2014 Filing 490 NOTICE OF MOTION AND MOTION for Extension of Time to File Opposition to Plaintiffs' Motion to Extend Time to File Expert Report of Captain William Lowell filed by defendant Navistar, Inc.. Motion set for hearing on 3/31/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration, #2 Affidavit)(Martinovich, Edward) Modified on 3/17/2014 (ab). **DOCUMENT IS A MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO EXTEND TIME TO FILE EXPERT REPORT OF CAPTAIN WILLIAM LOWELL***
March 10, 2014 Filing 489 NOTICE OF MOTION AND MOTION for Hearing Motion to Apply North Carolina Law filed by defendant Navistar, Inc.. Motion set for hearing on 3/31/2014 at 10:00 AM before Judge Audrey B. Collins. (Attorney Edward Martinovich added to party Navistar, Inc.(pty:dft))(Martinovich, Edward)
March 10, 2014 Filing 488 NOTICE OF JOINDER AND JOINDER IN CO-DEFENDANT PNEUMO ABEX LLC'S OPPOSITION TO PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE THE EXPERT REPORT OF CAPTAIN WILLIAM LOWELL filed by DEFENDANT The Goodyear Tire and Rubber Company. (Attachments: #1 Proposed Order)(Stone, Elan)
March 10, 2014 Filing 487 OPPOSITION to Amended MOTION for Extension of Time to File the Expert Report of Captain William Lowell to March 5, 2014 #480 (Plaintiffs' Amended Motion) filed by Defendant Kelsey-Hayes Company. (Greenslade, Joseph)
March 10, 2014 Filing 486 OPPOSITION re: Amended MOTION for Extension of Time to File the Expert Report of Captain William Lowell to March 5, 2014 #480 filed by Defendant Pneumo-Abex, LLC. (Hormozyari, Anosheh)
March 7, 2014 Opinion or Order Filing 495 ORDER GRANTING STIPULATION REGARDING DEADLINES TO EXCHANGE EXPERT DISCLOSURE by Judge Audrey B. Collins, re Stipulation for Discovery #484 : Based upon the stipulation submitted by Plaintiffs and Defendant Syd Carpenter, Marine Contractor, Inc., IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Syd Carpenter, Marine Contractor, Inc.'s expert report of Tim Bormann must be exchanged on or before March 17, 2014. The deadline for plaintiffs rebuttal to the same is March 21, 2014. (bm)
March 5, 2014 Opinion or Order Filing 485 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT DANA COMPANIES, LLC ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #479 . (bm)
March 5, 2014 Filing 484 STIPULATION for Discovery as to Deadlines to Exchange Expert Disclosure filed by Defendant SYD Carpenter Marine Contractor, Inc.. (Attachments: #1 Proposed Order)(Galfayan, Arpi)
March 5, 2014 Filing 483 Pursuant to the rules of the Court mandatory chambers copies are due by 12:00 noon the next business day after e-filing. We have not received the mandatory chambers copies for documents 458 and 459 e-filed by Case Dam. Counsel to adhere to the rules and procedures of the Court or be subjected to sanctions. The Court will NOT print any more documents with respect to this case. A. Bridges, Court Clerk to Judge Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
March 4, 2014 Opinion or Order Filing 482 ORDER by Judge Audrey B. Collins: granting #460 Request to Substitute Attorney. Attorney Lisa K Rauch terminated (lt)
March 3, 2014 Filing 480 NOTICE OF MOTION AND Amended MOTION for Extension of Time to File the Expert Report of Captain William Lowell to March 5, 2014 filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 3/31/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Dam, Case)
March 3, 2014 Filing 479 STIPULATION to Dismiss Defendant Dana Companies LLC filed by Defendant Dana Companies LLC. (Attachments: #1 Proposed Order to Dismiss Action Without Prejudice as to Defendant Dana Companies, LLC Only)(Greenslade, Joseph)
March 3, 2014 Filing 478 Pursuant to the rules of the Court mandatory courtesy copies are to be delivered by 12:00 noon the next business day after e-filing. The Court has printed numerous documents with respect to this case. Counsel is hereby notified that no more documents will be printed on this matter. Please adhere to the rules and procedures of this Court or you can be subjected to sanctions for non-compliance. The Court has not received document 461 e-filed on 2/25/14 by Michael Giaquinto, Esq., please deliver as soon as possible. A. Bridges, Court Clerk to Judge Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
February 28, 2014 Opinion or Order Filing 481 ORDER by Judge Audrey B. Collins: granting #252 Application to Appear Pro Hac Vice by Attorney Travis A. Bustamante on behalf of Defendant Crane Co., designating Bradley W. Gunning as local counsel. (lt)
February 28, 2014 Filing 477 NOTICE OF MOTION AND MOTION for Joinder in Notice (Other), #461 filed by defendant Borg-Warner Morse Tec, Inc.. Motion set for hearing on 4/7/2014 at 10:00 AM before Judge Audrey B. Collins. (Barba, Luis)
February 28, 2014 Filing 476 Notice of Appearance or Withdrawal of Counsel: for attorney Kathleen B Ebrahimi counsel for Defendant Fraser's Boiler Service, Inc.. Kathleen B. Ebrahimi will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Fraser's Boiler Service, Inc.. (Ebrahimi, Kathleen)
February 28, 2014 Filing 475 JOINDER filed by Defendant The Goodyear Tire and Rubber Company joining in Notice (Other), #461 . (Stone, Elan)
February 28, 2014 Filing 474 NOTICE OF MOTION AND MOTION for Extension of Time to File the Expert Report of Captain William Lowell filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 3/31/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Dam, Case)
February 27, 2014 Filing 473 (Attorney Stephanie L Bowlby added to party Arvinmeritor, Inc.(pty:dft))(Bowlby, Stephanie)
February 27, 2014 Filing 472 NOTICE OF MOTION AND MOTION for Joinder in Notice (Other), #461 to Apply North Carolina Law filed by Defendant Kelsey-Hayes Company. Motion set for hearing on 4/7/2014 at 10:00 AM before Judge Audrey B. Collins. (Greenslade, Joseph)
February 27, 2014 Filing 469 NOTICE OF MOTION AND MOTION for Joinder in Notice (Other), #461 to Apply North Carolina Law filed by Defendant Dana Companies LLC. Motion set for hearing on 4/7/2014 at 10:00 AM before Judge Audrey B. Collins. (Greenslade, Joseph)
February 27, 2014 Filing 468 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Apply North Carolina Law #461 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Motions-Order. Other error(s) with document(s): Docket entry text does not indicate noticed motion hearing date. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
February 26, 2014 Opinion or Order Filing 471 ORDER RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE, OF DEFENDANT JOHN CRANE INC. by Judge Audrey B. Collins, re Stipulation to Dismiss Party, #463 , Pursuant to the stipulation of the parties, it is hereby ordered that the above-captioned action is dismissed, without prejudice, as to Defendant John Crane Inc. Each party to bear their own fees, costs, and expenses, if any. re: John Crane, Inc. terminated. (lw)
February 26, 2014 Filing 470 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #466 by Clerk of Court. Other: The document is hereby STRICKEN. Counsel to adhere to the rules and procedures of the Court when e-filing motions. RE: Motion to extend time to file the expert report etc. #462 (bm)
February 26, 2014 Filing 467 NOTICE OF MOTION AND MOTION for Joinder in Notice (Other), #461 filed by Defendant Georgia-Pacific LLC. Motion set for hearing on 4/7/2014 at 10:00 AM before Judge Audrey B. Collins. (McClure, David)
February 26, 2014 Filing 466 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Extend Time to File #462 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
February 26, 2014 Filing 465 NOTICE OF ERRATA filed by Defendant Dana Companies LLC. correcting Answer to Complaint #60 (Greenslade, Joseph)
February 26, 2014 Filing 464 OPPOSITION to MOTION for Extension of Time to File Expert Report of Caption William Lowell #462 (Plaintiffs' Motion) filed by Defendants Dana Companies LLC, Kelsey-Hayes Company. (Greenslade, Joseph)
February 25, 2014 Filing 463 STIPULATION to Dismiss Defendant John Crane, Inc. filed by Defendant John Crane, Inc.. (Attachments: #1 Proposed Order IN SUPPORT OF STIPULATION OF PARTIES DISMISSING ALL CLAIMS OF PLAINTIFFS AGAINST DEFENDANT JOHN CRANE INC.)(Giaquinto, Michael)
February 25, 2014 Filing 462 DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 2/25/14, DOCUMENT #470 . NOTICE OF MOTION AND MOTION for Extension of Time to File Expert Report of Caption William Lowell filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. Motion set for hearing on 3/17/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order)(Dam, Case) Modified on 2/27/2014 (bm).
February 25, 2014 Filing 461 NOTICE filed by Defendant Arvinmeritor, Inc.. of Motion to Apply North Carolina Law (Attachments: #1 Memorandum to Apply North Carolina Law, #2 Declaration of Michael B. Giaquinto, #3 Exhibit A to Declaration of Michael B. Giaquinto, #4 Exhibit B to Declaration of Michael B. Giaquinto, #5 Proposed Order)(Giaquinto, Michael)
February 24, 2014 Filing 460 REQUEST to Substitute attorney Bobbie R. Bailey in place of attorney Henry D. Rome filed by defendant IMO Industries, Inc.. (Attachments: #1 Proposed Order)(Bailey, Bobbie)
February 20, 2014 Filing 459 STIPULATION to Extend Discovery Cut-Off Date to MARCH 28, 2014 with Navistar, Inc. and Mack Trucks, Inc. filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Dam, Case)
February 20, 2014 Filing 458 STIPULATION to Extend Discovery Cut-Off Date to MARCH 28, 2014 with ArvinMeritor, Inc. filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Dam, Case)
February 20, 2014 Opinion or Order Filing 457 MINUTES (IN CHAMBERS) ORDER RE: DEPOSITION MOTION by Magistrate Judge Michael R. Wilner. Defendant wishes to withdraw its motion for a deposition-related protective order. (Docket # 456.) The request is GRANTED. The Court DISMISSES as moot the motion previously docketed at ECF # 454. #454 Motion for Protective Order; #456 Motion to Withdraw Motion (vm)
February 19, 2014 Filing 456 NOTICE OF MOTION AND MOTION to Withdraw MOTION for Protective Order for Barring Plaintiffs From Taking The Deposition of Its Person Most Qualified #454 filed by defendant Borg-Warner Morse Tec, Inc.. Motion set for hearing on 3/19/2014 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Exhibit A to Defendant BorgWarner Morse TEC Inc. As Successor-By-Merger To Borg-Warner Corporation's Notice of Withdraw of Motion and Motion for Protective Order Barring Plaintiffs from Taking the Deposition of Its Person Most Qualified)(Barba, Luis)
February 18, 2014 Opinion or Order Filing 455 MINUTE (IN CHAMBERS) ORDER RE: DEPOSITION MOTION by Magistrate Judge Michael R. Wilner. In light of the circumstances of the action and the specific motion, Plaintiff is directed to file a response to the motion by 4 p.m. on Thursday, February 20, 2014. After that, the Court will take the matter under submission or set an expedited schedule. (See Minute Order for further details) re: MOTION for Protective Order for Barring Plaintiffs From Taking The Deposition of Its Person Most Qualified #454 . (vm)
February 14, 2014 Filing 454 NOTICE OF MOTION AND MOTION for Protective Order for Barring Plaintiffs From Taking The Deposition of Its Person Most Qualified filed by defendant Borg-Warner Morse Tec, Inc.. Motion set for hearing on 3/19/2014 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Protective Order Barring Plaintiffs from Taking the Deposition of Its Person Most Qualified, #2 Declaration of Luis A. Barba in Support of Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order, #3 Exhibit 1 to Declaration of Luis A. Barba in Support of Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order, #4 Exhibit 2 through 6 in Support of Declaration of Luis A. Barba in Support of Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order, #5 Exhibit 7 through 10 to Declaration of Luis A. Barba in Support of Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order, #6 Exhibit 11 & 12 to Declaration of Luis A. Barba in Support of Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order, #7 Exhibit 13 to Declaration of Luis A. Barba in Support of Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order, #8 Proposed Order Granting Defendant BorgWarner Morse TEC Inc. as Successor-By-Merger to Borg-Warner Corporation's Motion for Protective Order Barring Plaintiffs from Taking the Deposition of Its Person Most Qualified)(Attorney Luis Alfonso Barba added to party Borg-Warner Morse Tec, Inc.(pty:dft))(Barba, Luis)
February 12, 2014 Opinion or Order Filing 453 ORDER by Judge Audrey B. Collins, re Stipulation to Extend Discovery Cut-Off Date #447 Pursuant to the stipulation and agreement filed on February 7, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant WEIR VALVES & CONTROLS USA, INC., it is so ordered that the discovery cut-off is extended to allow Plaintiffs to depose Defendan t pursuant to Fed. R. Civ. P. 30(b)(6) on or before March 28, 2014. (lw)
February 12, 2014 Opinion or Order Filing 452 ORDER by Judge Audrey B. Collins, re Stipulation to Extend Discovery Cut-Off Date #446 , Pursuant to the stipulation and agreement filed on February 7, 2014, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant SYD CARPENTER MARINE CONTRACTOR, INC., it is so ordered that the discovery cut-off is extended to allow Plaintiffs to depose Defendant pursuant to Fed. R. Civ. P. 30(b)(6) on or before March 28, 2014. (lw) Modified on 2/12/2014 (lw).
February 10, 2014 Opinion or Order Filing 451 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT CBS CORPORATION by Judge Audrey B. Collins, re Stipulation to Dismiss Party #445 , Pursuant to the Federal Rules of Civil Procedure 41, Plaintiffs Johnny Ray Penegar, Jr. and Carra Jane Penegar have stipulated that the complaint and all claims asserted or could have been asserted against Defendant CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation, are hereby dismissed, without prejudice, each party to bear its own costs and attorney fees. IT IS SO ORDERED. re: CBS Corporation (a Delaware Corporation f/k/a Viacom, Inc. sued as successor-by-merger to CBS Corporation a Pennsylvania Corporation f/k/a Westinghouse Electric Corporation and as successor-in-interest to BF Sturtevant ) terminated. (lw)
February 10, 2014 Filing 450 Notice of Appearance or Withdrawal of Counsel: for attorney Bradford J DeJardin counsel for Defendants Dana Companies LLC, Kelsey-Hayes Company. Bradford J. DeJardin is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dana Companies LLC and Kelsey-Hayes Company. (DeJardin, Bradford)
February 10, 2014 Filing 449 Notice of Appearance or Withdrawal of Counsel: for attorney Courtney E Vaudreuil counsel for Defendants Dana Companies LLC, Kelsey-Hayes Company. Courtney E. Vaudreuil is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dana Companies LLC and Kelsey-Hayes Company. (Attorney Courtney E Vaudreuil added to party Dana Companies LLC(pty:dft))(Vaudreuil, Courtney)
February 10, 2014 Filing 448 NOTICE of Change of Lead Counsel changing lead counsel from Courtney E. Vaudreuil to Joseph L. Greenslade. filed by Defendant Dana Companies LLC, Kelsey-Hayes Company, (Greenslade, Joseph)
February 7, 2014 Filing 447 STIPULATION to Extend Discovery Cut-Off Date to MARCH 28, 2014 filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Dam, Case)
February 7, 2014 Filing 446 STIPULATION to Extend Discovery Cut-Off Date to MARCH 28, 2014 filed by PLAINTIFF Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Proposed Order)(Dam, Case)
February 7, 2014 Filing 445 STIPULATION to Dismiss CBS Corporation filed by Defendant CBS Corporation. (Attachments: #1 Proposed Order To Dismiss Action Without Prejudice as to Defendant CBS Corporation)(Jamison, Kevin)
February 6, 2014 Opinion or Order Filing 444 CIVIL CASE MANAGEMENT ORDER upon filing of the complaint by Judge Audrey B. Collins (SEE DOCUMENT FOR FURTHER DETAILS). (ab)
February 6, 2014 Opinion or Order Filing 443 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Manuel L. Real, for the reasons set forth on this order. Related Case No. CV 12-08539 R(MRWx) (rn)
February 4, 2014 Filing 442 Notice of Appearance or Withdrawal of Counsel: for attorney Robert H Baronian counsel for Defendant Eaton Corporation. Robert Baronian will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Eaton Corporation. (Baronian, Robert)
January 22, 2014 Filing 441 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph L Greenslade counsel for Defendants Dana Companies LLC, Kelsey-Hayes Company. Adding Stephen M. Nichols as attorney as counsel of record for Defendants Dana Companies LLC and Kelsey-Hayes Company for the reason indicated in the G-123 Notice. Filed by Defendants Dana Companies LLC and Kelsey-Hayes Company. (Greenslade, Joseph)
January 21, 2014 Filing 440 Notice of Appearance or Withdrawal of Counsel: for attorney Courtney E Vaudreuil counsel for Defendant Kelsey-Hayes Company. Courtney E. Vaudreuil is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Kelsey-Hayes Company. (Vaudreuil, Courtney)
January 9, 2014 Opinion or Order Filing 439 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Audrey B. Collins granting #430 Request to Substitute Attorney:The Court hereby orders that the request of: Borg-Warner TEC, Inc. as successor-by-merger to Borg-Warner Corporation, Defendant, to substitute Jerry C. Popovich, as attorney of record instead of Jackie K. Vu. (bm)
January 9, 2014 Filing 438 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Substitute Attorney #430 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Request. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
December 17, 2013 Opinion or Order Filing 437 MINUTES (IN CHAMBERS): ORDER DENYING Motion to Sever and Transfer Venue to the Western District of North Carolina by Judge Audrey B. Collins: Pending before the Court is Defendant ArvinMeritor, Inc.'s Motion to Sever and Transfer Venue to the Western District of North Carolina. Pursuant to FRCP 21 and 28 U.S.C. 1404(a), filed on November 19, 2013. (Docket No. 429.) Plaintiffs opposed on December 2. (Docket No. 436.) ArvinMeritor did not file a reply. The Court finds this matter appropriate for resolution without oral argument and VACATES the December 23, 2013 hearing date. SeeFed.R.Civ.P. 78; Local Rule 7-15. For reasons set forth in Plaintiffs' opposition, the most compelling of which are identified below, the Court Denies the motion. (See document for further details) (bp)
December 2, 2013 Filing 436 Plaintiffs' Opposition to ArvinMeritor Inc's Motion to Sever and Transver Venue to the Western District of North Carolina re: MOTION to Sever and MOTION to Transfer Case to The United States District Court for the Western District of North Carolina #429 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Declaration of Case A. Dam in Support of Plaintiffs' Opposition to ArvinMeritor Inc's Motion to Sever and Transver Venue to the Western District of North Carolina)(Dam, Case)
December 2, 2013 Filing 435 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Joinder #434 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Responses/Replies/Other Motion Related Documents-Joinder (Motion Related). Other error(s) with document(s): Joinder should be linked back to Motion. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
November 26, 2013 Filing 434 NOTICE Joinder in Motion to Transfer Venue filed by defendant Mack Trucks, Inc.. and Navistar, Inc. (Attachments: #1 Affidavit)(Martinovich, Edward)
November 25, 2013 Filing 433 Notice of Appearance or Withdrawal of Counsel: for attorney Courtney E Vaudreuil counsel for Defendant Kelsey-Hayes Company. Courtney E. Vaudreuil is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Kelsey-Hayes Company. (Vaudreuil, Courtney)
November 21, 2013 Opinion or Order Filing 432 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #424 , it is so ordered that Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGARs complaint as to defendant TUBE CITY IMS CORPORATION, (sued individually and as successor-in-interest to and d/b/a NEOAX, INC., DIAMOND T, and WHITE MOTOR CO.) are dismissed without prejudice. Each party to bear its own costs. RE: Tube City IMS Corp. (sued individually and as successor-in-interest to and d/b/a Neoax, Inc., Diamond T, and White Motor Co.) terminated. (lw)
November 21, 2013 Filing 431 Pursuant to the rules of the Court mandatory chambers copies are due by 12:00 noon the next business day after e-filing. The Court has printed numerous mandatory chambers copies that were never received since the matter was presented to the Court. The Court will no longer continue to print mandatory chambers copies counsel will be subjected to sanctions if the mandatory chambers copies are not delivered pursuant to the rules of the Court. A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
November 20, 2013 Filing 430 First REQUEST to Substitute attorney Jerry C. Popovich in place of attorney Jackie V. Vu filed by Defendant Borg-Warner Morse Tec, Inc.. (Attorney Jerry C Popovich added to party Borg-Warner Morse Tec, Inc.(pty:dft))(Popovich, Jerry)
November 19, 2013 Filing 429 NOTICE OF MOTION AND MOTION to Sever and, MOTION to Transfer Case to The United States District Court for the Western District of North Carolina filed by Defendant Arvinmeritor, Inc.. Motion set for hearing on 12/23/2013 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Motion to Sever and Transfer of Venue to The Western District of North Carolina Pursuant to FRCP 21 and 28 U.S.C. 1404(A), #2 Declaration In Support of Motion to Sever and Transfer of Venue to The Western District of North Carolina Pursuant to FRCP 21 and 28 U.S.C. 1404(A), #3 Proposed Order)(Giaquinto, Michael)
November 19, 2013 Filing 428 Notice of Appearance or Withdrawal of Counsel: for attorney Erica L Rosasco counsel for Defendant Norfolk Southern Corporation. Erica L. Rosasco will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Norfolk Southern Corporation. (Rosasco, Erica)
November 15, 2013 Opinion or Order Filing 427 ORDER TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT OWENS-ILLINOIS, INC. ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #425 : Pursuant to the stipulation and agreement filed on November 13, 2013, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant OWENS-ILLINOIS, INC., it is so ordered that Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGARs complaint as to defendant OWENS-ILLINOIS, INC. is dismissed WITH prejudice. Each party to bear its own costs. (bm)
November 14, 2013 Filing 426 Notice of Appearance or Withdrawal of Counsel: for attorney Anna K Milunas counsel for Defendant Viad Corporation. Filed by Defendant VIAD CORP. (Milunas, Anna)
November 13, 2013 Filing 425 STIPULATION to Dismiss Defendant Owens-Illinois, Inc. filed by Defendant Owens-Illinois, Inc.. (Attachments: #1 Proposed Order [PROPOSED] ORDER TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT OWENS-ILLINOIS, INC. ONLY)(Wiegmann, Yakov)
November 13, 2013 Filing 424 STIPULATION to Dismiss DEFENDANT Tube City IMS Corp. filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Dam, Case)
November 13, 2013 Filing 423 Notice of Appearance or Withdrawal of Counsel: for attorney Courtney E Vaudreuil counsel for Defendant Kelsey-Hayes Company. Courtney E. Vaudreuil is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Kelsey-Hayes Company. (Vaudreuil, Courtney)
November 11, 2013 Filing 422 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph L Greenslade counsel for Defendants Dana Companies LLC, Kelsey-Hayes Company. Adding Joseph L. Greenslade as attorney as counsel of record for Dana Companies, LLC and Kelsey-Hayes Company for the reason indicated in the G-123 Notice. Filed by Defendant Dana Companies, LLC and Kelsey-Hayes Company. (Attorney Joseph L Greenslade added to party Dana Companies LLC(pty:dft), Attorney Joseph L Greenslade added to party Kelsey-Hayes Company(pty:dft))(Greenslade, Joseph)
November 4, 2013 Opinion or Order Filing 421 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT HALDEX BRAKE PRODUCTS CORPORATION ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #413 : Pursuant to the stipulation and agreement filed on October 25, 2013, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant DAIMLER TRUCKS NORTH AMERICA, LLC, it is so ordered that Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR's complaint as to defendant HALDEZ BRAKE PRODUCTS CORPORATION (individually and as successor-in-interest, parent, alter ego and equitable trustee of MIDLAND BRAKE, INC.)is dismissed without prejudice. Each party to bear its own costs. (bm)
November 4, 2013 Opinion or Order Filing 420 ORDER DISMISSING FOSTER WHEELER ENERGY CORPORATION by Judge Audrey B. Collins, re Stipulation to Dismiss Party #411 :IT IS HEREBY ORDERED that a dismissal without prejudice shall be and is hereby entered as requested by Plaintiffs as to defendant Foster Wheeler Energy Corporation. (bm)
November 4, 2013 Opinion or Order Filing 419 ORDER DISMISSING TOYOTA MOTOR SALES, U.S.A., INC. by Judge Audrey B. Collins, re Stipulation to Dismiss Party #410 :IT IS HEREBY ORDERED that a dismissal without prejudice shall be and is hereby enteres as requested by Plaintiffs as to defendant TOYOTA MOTOR SALES, U.S.A., INC. (bm)
November 4, 2013 Opinion or Order Filing 418 ORDER DISMISSING TOYOTA MOTOR CORPORATION by Judge Audrey B. Collins, re Stipulation to Dismiss Party #409 : IT IS HEREBY ORDERED that a dismissal without prejudice shall be and is hereby entered as requested by Plaintiffs as to defendant TOYOTA MOTOR CORPORATION. (bm)
November 4, 2013 Opinion or Order Filing 417 ORDER DISMISSING DOMCO PRODUCTS TEXAS INC. by Judge Audrey B. Collins, re Stipulation to Dismiss Party #408 : IT IS HEREBY ORDERED that a dismissal without prejudice shall be and is hereby entered as requested by Plaintiffs as to defendant DOMCO PRODUCTS TEXAS INC. (bm)
October 29, 2013 Filing 416 Notice of Appearance or Withdrawal of Counsel: for attorney Steven D Smelser counsel for Defendant Ford Motor Company. Adding Paul C. White II as attorney as counsel of record for FORD MOTOR CO. for the reason indicated in the G-123 Notice. Filed by Defendant FORD MOTOR CO.. (Smelser, Steven)
October 29, 2013 Filing 415 Notice of Appearance or Withdrawal of Counsel: for attorney Steven D Smelser counsel for Defendant Ford Motor Company. Rebecca Suh is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FORD MOTOR CO.. (Smelser, Steven)
October 25, 2013 Filing 413 STIPULATION to Dismiss DEFENDANT Haldex Brake Products Corporation filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Dam, Case)
October 24, 2013 Opinion or Order Filing 414 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT METALCLAD INSULATION CORPORATION ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #412 : Pursuant to the stipulation and agreement filed on October 23, 2013, between Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR and counsel for Defendant DAIMLER TRUCKS NORTH AMERICA, LLC, it is so ordered that Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR's complaint as to defendant METALCLAD INSULATION CORPORATION is dismissed without prejudice. Each party to bear its own costs. (bm)
October 23, 2013 Filing 412 STIPULATION to Dismiss DEFENDANT Metalclad Insulation Corporation filed by DEFENDANT Metalclad Insulation Corporation. (Attachments: #1 Proposed Order)(DeJardin, Bradford)
October 21, 2013 Filing 411 STIPULATION to Dismiss Defendant Foster Wheeler Energy Corporation filed by Defendant Foster Wheeler Energy Corporation. (Attachments: #1 Proposed Order Proposed Order Dismissing Foster Wheeler Energy Corporation)(Park, Charles)
October 21, 2013 Filing 410 STIPULATION to Dismiss Defendant Toyota Motor Sales, U.S.A, Inc. filed by Defendant Toyota Motor Sales, U.S.A, Inc.. (Attachments: #1 Proposed Order Proposed Order Dismissing Toyota Motor Sales USA Inc.)(Park, Charles)
October 21, 2013 Filing 409 STIPULATION to Dismiss Defendant Toyota Motor Corporation filed by Defendant Toyota Motor Corporation. (Attachments: #1 Proposed Order Proposed Order Dismissing Toyota Motor Corporation)(Park, Charles)
October 21, 2013 Filing 408 STIPULATION to Dismiss Defendant Domco Products Texas, L.P. filed by Defendant Domco Products Texas, L.P.. (Attachments: #1 Proposed Order Proposed Order Dismissing Domco Products Texas Inc.)(Park, Charles)
October 17, 2013 Opinion or Order Filing 407 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT DAIMLER TRUCKS NORTH AMERICA, LLC ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party, #403 , IT IS SO ORDERED that Plaintiffs Johnny Ray Penegar, Jr. and Carra Jane Penegar's complaint as to defendant Daimler Trucks North America, LLC are dismissed without prejudice. Each party to bear its own costs. re: Defendant Daimler Trucks North America, LLC (sued individually and as successor-in-interest to Freightliner, LLC, White Motor Co., Euclid, Inc., Diamond T, and The Autocar Co.) terminated. (lw)
October 16, 2013 Opinion or Order Filing 406 ORDER TO DISMISS ACTION WITHOUT PREJUDICE AS TO DEFENDANT HILL BROTHERS CHEMICAL COMPANY ONLY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #386 , It is so ORDERED that Plaintiffs Johnny Ray Penegar Jr. and Carra Jane Penegar's complaint as to defendant Hill Brothers Chemical Company are dismissed without prejudice. Each party to bear its own costs. re: Defendant Hill Brothers Chemical Company terminated. (lw)
October 16, 2013 Opinion or Order Filing 405 ORDER GRANTING JOINT MOTION TO DISMISS ACTION WITHOUT PREJUDICE AS TO GOULDS PUMPS INC. by Judge Audrey B. Collins, re Stipulation to Dismiss Party #378 , The Court hereby orders that all claims against defendant Goulds Pumps Inc.only shall be DISMISSED WITHOUT PREJUDICE. Each party to bear its own fees and costs. RE: Defendant Goulds Pumps, Inc. terminated. (lw)
October 11, 2013 Opinion or Order Filing 404 ORDER REGARDING AGREED ORDER DISMISSING ALL CLAIMS OF PLAINTIFFS AGAINST DEFENDANT CLA-VAL CO. by Judge Audrey B. Collins, re Stipulation to Dismiss Party #351 : All claims which were asserted, or which could have been asserted, by the Plaintiff against Defendant CLA-VAL CO. are hereby dismissed without prejudice or costs pursuant to Fed. R. Civ. Proc. 41(a)(2). (bm)
October 11, 2013 Filing 403 STIPULATION to Dismiss DEFENDANT Daimler Trucks North America, LLC filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Dam, Case)
October 2, 2013 Opinion or Order Filing 402 ORDER ON STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a)(1) by Judge Audrey B. Collins, re Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)), #400 . IT IS SO ORDERED that Plaintiff JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR'S complaint as to Defendant VOLVO GROUP NORTH AMERICA, LLC, erroneously sued by Plaintiffs as VOLVO TRUCKS NORTH AMERICA, a division of VOLVO GROUP NORTH AMERICA and VOLVO GROUP NORTH AMERICA, INC., (sued individually and as successor in interest to WHITE MOTOR COMPANY) is dismissed without prejudice. Each party to bear its own costs. (bp)
October 1, 2013 Filing 400 NOTICE OF DISMISSAL filed by Defendant Volvo Group North America, Inc. pursuant to FRCP 41a(1) as to All Plaintiffs. (Attachments: #1 Proposed Order [Proposed] Order on Stipulation for Dismissal Without Prejudice Pursuant to Federal Rules of Civil Procedure 41(a)1)(Lannus, Paul)
September 30, 2013 Opinion or Order Filing 401 ORDER STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE by Judge Audrey B. Collins. It is so ordered that Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR'S complaint as to Defendant FRASER'S BOILER SERVICE, INC. are dismissed without prejudice. Each party to bear its own costs., re Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #395 , Fraser's Boiler Service, Inc. terminated. (bp)
September 27, 2013 Filing 399 Notice of Appearance or Withdrawal of Counsel: for attorney Hans Christian N Ruschke counsel for Defendant Kaiser Gypsum Company, Inc.. Filed by KAISER GYPSUM COMPANY, INC. KAISER GYPSUM COMPANY, INC.. (Ruschke, Hans)
September 27, 2013 Filing 398 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #397 . The following error(s) was found: Other error(s) with document(s) are specified below. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (ak)
September 27, 2013 Filing 397 (Ruschke, Hans)
September 26, 2013 Filing 396 Notice of Appearance or Withdrawal of Counsel: for attorney Yakov Paul Wiegmann counsel for Defendant Owens-Illinois, Inc.. Eliot S. Jubelirer is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Owens-Illinois, Inc.. (Wiegmann, Yakov)
September 26, 2013 Filing 395 NOTICE OF DISMISSAL filed by defendant Fraser's Boiler Service, Inc. pursuant to FRCP 41a(1) as to Fraser's Boiler Service, Inc.. (Attachments: #1 Proposed Order)(Wick, Previn)
September 26, 2013 Filing 394 Notice of Appearance or Withdrawal of Counsel: for attorney Arturo E Sandoval counsel for Defendant The William Powell Company. Douglas Wah, Khaled Taqi-Eddin, Arturo Sandoval will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant The William Powell Company. (Sandoval, Arturo)
September 25, 2013 Filing 393 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner, For the reasons stated at the hearing, the Court declines to advance the cross-examination. The Court is entirely sympathetic to Mr. Penegars health issues, and has no hesitation in postponing the upcoming cross-examination to allow him to pursue additional treatment and recover from it. However, based on the meager information submitted to the Court regarding the surgery, the logical and reasonable objections from the defense, the timing of the rescheduling request in the middle of the discovery deposition, and the initial parameters regarding the expedited deposition schedule implemented by the Court, it is not in the interests of justice to force the defense to begin the cross-examination next week immediately after concluding the discovery deposition. The Court agrees that the defense is entitled to a fair period of time to prepare for that examination. The intervening occurrence of Plaintiffs surgery is an unexpected factor, but does not convince the Court that the defense should have to forfeit its ability to properly prepare even beyond the expedited scheduled that the Court imposed here for the trial cross-examination. The Court further declines to take up the defenses preliminary request to expand the time allotted for the discovery deposition sessions. Court Recorder: CS 9/25/13. (SEE ORDER FOR FURTHER DETAILS) (lmh)
September 24, 2013 Filing 392 Notice of Appearance or Withdrawal of Counsel: for attorney Vernice Trina Louie counsel for Defendant Armstrong International, Inc.. SONJA E. BLOMQUIST will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Armstrong International, Inc.. (Louie, Vernice)
September 24, 2013 Filing 391 NOTICE OF LODGING filed Declaration of Johnny Ray Penegar re Motion Hearing #331 (Dam, Case)
September 24, 2013 Filing 390 Notice of Appearance or Withdrawal of Counsel: for attorney Vernice Trina Louie counsel for Defendant Armstrong International, Inc.. Vernice T. Louie will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Armstrong International, Inc.. (Louie, Vernice)
September 23, 2013 Filing 388 TRANSCRIPT ORDER as to Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr Court Smart (CS). Court will contact Angela Menton at angela.menton@lanierlawfirm.com with any questions regarding this order. Transcript portion requested: Voir Dire on August 13, 2013 Defendant's Motion for Protective Order. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Dam, Case)
September 20, 2013 Opinion or Order Filing 389 ORDER REGARDING AGREED ORDER DISMISSING ALL CLAIMS OF PLAINTIFFS AGAINST DEFENDANT EATON CORPORATION by Judge Audrey B. Collins, re Stipulation to Dismiss Party #383 : All claims which were asserted, or which could have been asserted, by the Plaintiff against Defendant EATON CORPORATION are hereby dismissed without prejudice or costs pursuant to Fed. R. Civ. Proc. 41(a)(2). (bm)
September 19, 2013 Filing 386 STIPULATION to Dismiss DEFENDANT Hill Brothers Chemical Company filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Taylor, Stephanie)
September 18, 2013 Opinion or Order Filing 387 ORDER OF DISMISSAL OF DEFENDANT VIAD CORP by Judge Audrey B. Collins, re Stipulation to Dismiss Party #354 : PURSUANT to stipulation, it is so ordered that all claims which were asserted, or could have been asserted by Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR against Defendant VIAD CORP (erroneously sued and served as VIAD CORPORATION f/k/a THE DIAL CORPORATION (sued individually and as successor-in-interest to GRISCOM-RUSSELL COMPANY)), are hereby dismissed without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Each party is to bear its own fees, costs and expenses. IT IS SO ORDERED. (bm)
September 18, 2013 Filing 383 STIPULATION to Dismiss DEFENDANT Eaton Corporation filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order Proposed Order)(Taylor, Stephanie)
September 16, 2013 Opinion or Order Filing 385 ORDER DISMISSING ALL CLAIMS OF PLAINTIFFS AGAINST DEFENDANT THE WM. POWELL COMPANY by Judge Audrey B. Collins, re Stipulation to Dismiss Party #379 : All claims which were asserted, or which could have been asserted, by the Plaintiffs against Defendant THE WM. POWELL COMPANY are hereby dismissed without prejudice or costs pursuant to Fed. R. Civ. Proc. 41(a)(2).. (bm)
September 16, 2013 Opinion or Order Filing 384 ORDER REGARDING AGREED OR ORDER DISMISSING ALL CLAIMS OF PLAINTIFFS AGAINST DEFENDANT MAREMONT CORPORATION by Judge Audrey B. Collins, re Stipulation to Dismiss Party #377 : All claims which were asserted, or which could have been asserted, by the Plaintiff against Defendant MAREMONT CORPORATION are hereby dismissed without prejudice or costs pursuant to Fed. R. Civ. Proc. 41(a)(2). (bm)
September 16, 2013 Filing 380 Notice of Appearance or Withdrawal of Counsel: for attorney David A Rawi counsel for Defendant Genuine Parts Company. David A. Rawi is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Genuine Parts Company. (Rawi, David)
September 16, 2013 Filing 379 STIPULATION to Dismiss DEFENDANT The William Powell Company filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order Proposed Order)(Taylor, Stephanie)
September 16, 2013 Filing 378 STIPULATION to Dismiss defendant Goulds Pumps, Inc. filed by defendant Goulds Pumps, Inc.. (Attachments: #1 Proposed Order Granting Joint Motion to Dismiss Action Without Prejudice As To Defendant)(Coons, G.)
September 16, 2013 Filing 377 STIPULATION to Dismiss DEFENDANT Maremont Corporation filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order Proposed Order)(Taylor, Stephanie)
September 13, 2013 Opinion or Order Filing 382 ORDER RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT PARKER HANNIFIN CORPORATION, INDIVIDUALLY AND AS SII TO EIS BRAKE PARTS AND CALI-BLOK by Judge Audrey B. Collins, re Stipulation to Dismiss Party #374 . IT IS HEREBY ORDERED the above-referenced action is dismissed, without prejudice, as to Defendant Parker Hannifin Corporation, individually and sued as SII to EIS Brake Parts and Cali-Block. Each party to bear their own fees, costs, and expenses, if any., Parker Hannifin Corporation (sued individually and as successor-in-interest, parent, alter-ego and equitable trustee to EIS Brake Parts and Cali-Block ) terminated. (bp)
September 13, 2013 Opinion or Order Filing 381 ORDER RE STIPULATION FOR DISMISSAL OF DEFENDANT EDELBROCK, LLC, erroneously sued herein as "Edelbrock Corporation" by Judge Audrey B. Collins, re Stipulation to Dismiss Party #366 : IT IS HEREBY ORDERED that pursuant to stipulation defendant, EDELBROCK, LLC, erroneously sued herein as "EDELBROCK CORPORATION", is dismissed without prejudice or costs from the above-captioned action pursuant to FRCP 41(a)(2). (bm)
September 12, 2013 Filing 374 First STIPULATION to Dismiss DEFENDANT Parker Hannifin Corporation filed by DEFENDANT Parker Hannifin Corporation. (Attachments: #1 Proposed Order)(Tavera, Leonard)
September 11, 2013 Opinion or Order Filing 376 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #369 , Notice of Lodging #370 , Pursuant to the stipulation of the parties, it is hereby ordered the above-referenced action is dismissed, without prejudice, as to Defendant VELAN VALVE CORP. erroneously sued herein as Velan Valve Corporation. Eatch party to bear their own fees, costs, and expenses, if any. re: Defendant Velan Valve Corporation terminated. (lw)
September 11, 2013 Opinion or Order Filing 375 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #361 , Pursuant to stipulation of the parties, all claims which were asserted, or could have been asserted, by the Plaintiffs against Defendant FLOWSERVE US INC., solely as Successor to EDWARD VALVES, INC. are hereby dismissed without prejudice or costs pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. re: Defendant Flowserve (US), Inc. (sued individually and as successor-in-interest to Edward Valve Inc.) terminated. (lw)
September 11, 2013 Filing 371 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging #370 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Attached proposed order should have been submitted as a separate, additional attachment to the Notice of Lodging, not as one document. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
September 10, 2013 Opinion or Order Filing 373 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #358 , IT IS HEREBY ORDERED, ADJUDGED and DECREED that the above-captioned action [Johnny Ray Penegar, Jr. et al. v. 3M Bondo Corporation et al.; USDC Case No. 2:13-cv-03709-ABC-MRWx] by plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR is dismissed without prejudice as against defendant CATERPILLAR INC., individually and/or as alleged successor in- interest to Bucyrus International, Inc., f/k/a Bucyrus-Erie and/or Lectra Haul pursuant to Federal Rule of Civil Procedure 41; each side to bear its own attorney fees, costs and expenses, if any, relating to the action. IT IS SO ORDERED. Defendant Caterpillar, Inc. (sued individually and as successor-in-interest to Bucyrus International, Inc., f/k/a Bucyrus-Erie and Lectra Hual ) terminated. (lw)
September 10, 2013 Filing 370 NOTICE OF LODGING filed BY DEFENDANT VELAN VALVE CORP. re Stipulation to Dismiss Party #369 (DeJardin, Bradford)
September 10, 2013 Filing 369 STIPULATION to Dismiss DEFENDANT Velan Valve Corporation filed by DEFENDANT Velan Valve Corporation. (Attachments: #1 Proposed Order)(DeJardin, Bradford)
September 10, 2013 Filing 366 STIPULATION to Dismiss Defendant Edelbrock Corporation filed by Defendant Edelbrock Corporation. (Attachments: #1 Proposed Order)(Galfayan, Arpi)
September 10, 2013 Filing 361 STIPULATION to Dismiss Defendant Flowserve (US), Inc. filed by Defendant Flowserve (US), Inc.. (Attachments: #1 Proposed Order)(Brosamle, Anthony)
September 9, 2013 Opinion or Order Filing 372 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #357 , Pursuant to the stipulation and agreement filed on September 6, 2013, between counsel for plaintiffs Johnny Ray Penegar, Jr. and Carra Jane Penegar and counsel for defendant KAISER GYPSUM COMPANY, INC., it is ordered that the plaintiffs' Complaint, in this matter, may be an hereby is dismissed, without prejudice, as to defendant KAISER GYPSUM COMPANY, INC. The parties shall bear their own costs. Defendant Kaiser Gypsum Company, Inc. terminated. (lw)
September 6, 2013 Opinion or Order Filing 368 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #348 , Pursuant to stipulation of the parties, all claims which were asserted, or could have been asserted, by the Plaintiffs against Defendant NMBFil Inc. are hereby dismissed without prejudice or costs pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. re: Defendant NMBFIL, Inc. (d/b/a Bondo Corporation) terminated. (lw)
September 6, 2013 Opinion or Order Filing 367 ORDER by Judge Audrey B. Collins, re Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #353 , IT IS HEREBY ORDERED that pursuant to stipulation defendant TRIPLE A MACHINE SHOP, INC., A CHAPTER 7 BANKRUPTCY DEBTOR, is dismissed without prejudice or costs from the above-captioned action pursuant to FRCP 41(a)(2). Re: Defendant Triple A Machine Shop, Inc. terminated. (lw)
September 6, 2013 Opinion or Order Filing 365 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #349 , Pursuant to stipulation of the parties, all claims which were asserted, or could have been asserted, by the Plaintiffs against Defendant SPIRAX SARCO, INC. are hereby dismissed without prejudice or costs pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Re: Defendant Spirax Sarco, Inc. terminated. (lw)
September 6, 2013 Opinion or Order Filing 364 ORDER by Judge Audrey B. Collins, re Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #352 , IT IS HEREBY ORDERED that pursuant to stipulation defendant, ITT CORPORATION, fka ITT INDUSTRIES, INC., is dismissed without prejudice or costs from the above-captioned action pursuant to FRCP 41(a)(2). re: Defendant ITT Corporation (erroneously sued and served herein as "ITT Industries, Inc.", sue individually and as successor-in-interest to FOSTER ENGINEERING) terminated. (lw)
September 6, 2013 Opinion or Order Filing 363 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #347 , Pursuant to stipulation of the parties, all claims which were asserted, or could have been asserted, by the Plaintiffs against Defendant JERGUSON GAGE & VALVE are hereby dismissed without prejudice or costs pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. re: Defendant Jerguson Gage & Valve Company terminated. (lw)
September 6, 2013 Opinion or Order Filing 362 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #356 , Pursuant to stipulation of the parties, all claims which were asserted, or could have been asserted, by the Plaintiffs against Defendant ARMSTRONG INTERNATIONAL, INC. are hereby dismissed without prejudice or cost pursuant to Rule 41(a)(2) of the Federal Rules of civil Procedure. IT IS SO ORDERED. re: Defendant Armstrong International, Inc. terminated. (lw)
September 6, 2013 Filing 359 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #353 , Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #352 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket text and the text on the document do not match. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bp)
September 6, 2013 Filing 358 STIPULATION to Dismiss Defendant Caterpillar, Inc. filed by Defendant Caterpillar, Inc.. (Attachments: #1 Proposed Order [Proposed] Order)(Maki, Craig)
September 6, 2013 Filing 357 STIPULATION to Dismiss Kaiser Gypsum Company, Inc. filed by Defendant Kaiser Gypsum Company, Inc.. (Attachments: #1 Proposed Order)(Ruschke, Hans)
September 5, 2013 Opinion or Order Filing 360 ORDER by Judge Audrey B. Collins, re Stipulation to Dismiss Party #355 , it is so ordered that Plaintiffs JOHNNY RAY PENEGAR, JR. and CARRA JANE PENEGAR's complaint as to defendants CROWN CORK & SEAL COMPANY, INC. and CROWN CORK & SEAL USA, INC., is dismissed without prejudice. Each party to bear its own costs. Crown Cork & Seal Company, Inc. (sued individually and as successor-in-interest to Mundet Cork Company) terminated. (lw)
September 5, 2013 Filing 356 STIPULATION to Dismiss Defendant Armstrong International, Inc. filed by Defendant Armstrong International, Inc.. (Attachments: #1 Proposed Order)(Blomquist, Sonja)
September 5, 2013 Filing 355 STIPULATION to Dismiss Defendant Crown Cork & Seal Company, Inc. filed by Defendant Crown Cork & Seal Company, Inc.. (Attachments: #1 Proposed Order)(Aportadera-Torres, Arabelle)
September 4, 2013 Filing 354 STIPULATION to Dismiss DEFENDANT Viad Corporation filed by DEFENDANT Viad Corporation. (Attachments: #1 Proposed Order OF DISMISSAL OF DEFENDANT VIAD CORP)(Langbord, Peter)
September 4, 2013 Filing 353 NOTICE OF DISMISSAL filed by Defendant Triple A Machine Shop, Inc. pursuant to FRCP 41a(1) as to Triple A Machine Shop, Inc.. (Attachments: #1 Proposed Order)(Galfayan, Arpi)
September 4, 2013 Filing 352 NOTICE OF DISMISSAL filed by Defendant ITT Corporation pursuant to FRCP 41a(1) as to ITT Corporation. (Attachments: #1 Proposed Order)(Galfayan, Arpi)
September 3, 2013 Filing 351 STIPULATION to Dismiss DEFENDANT CLA-VAL Co. filed by PLAINTIFFS Johnny Ray Penegar, Jr, Carra Jane Penegar. (Attachments: #1 Proposed Order)(Shef, Alexandra)
September 3, 2013 Opinion or Order Filing 350 MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Audrey B. Collins granting #316 Motion to Dismiss for Lack of Jurisdiction: Pending before the Court is Defendant Norfolk Southern Corporation's ("NSC") Motion to Dismiss for Lack of Personal Jurisdiction, filed on August 8, 2013. (Docket No. 316.)1 Plaintiffs opposed on August 19, 2013 and NSC replied on August 26, 2013. (Docket Nos. 334, 345.) The Court finds this matter appropriate for resolution without oral argument and VACATES the September 9, 2013 hearing date. Fed. R. Civ. P. 78; Local Rule 7-15. For the reasons below, the motion is GRANTED. The Court finds that Plaintiffs have not met their burden to show jurisdictional discovery is warranted. NSC's motion to dismiss is GRANTED. Because Plaintiffs have previously amended their complaint, Plaintiffs' claims against NSC are DISMISSED WITH PREJUDICE. See Cafasso v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1058 (9th Cir. 2011). (see document for further details) (bm)
September 3, 2013 Filing 349 STIPULATION to Dismiss Defendant Spirax Sarco, Inc. filed by Defendant Spirax Sarco, Inc.. (Attachments: #1 Proposed Order)(Newman, Nathan)
September 3, 2013 Filing 348 STIPULATION to Dismiss Defendant NMBFIL, Inc. filed by Defendant NMBFIL, Inc.. (Attachments: #1 Proposed Order)(Newman, Nathan)
September 3, 2013 Filing 347 STIPULATION to Dismiss Defendant Jerguson Gage & Valve Company filed by Defendant Jerguson Gage & Valve Company. (Attachments: #1 Proposed Order)(Newman, Nathan)
August 28, 2013 Opinion or Order Filing 346 ORDER by Judge Audrey B. Collins: granting #342 Application to Appear Pro Hac Vice by Attorney Barry L. Loftus on behalf of Defendant Norfolk Southern Corporation, designating Erica L. Rosasco as local counsel. (lt)
August 26, 2013 Filing 345 REPLY in Support of MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction #316 filed by Defendant Norfolk Southern Corporation. (Rosasco, Erica)
August 26, 2013 Filing 344 DISCLOSURE STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 filed by Defendant The William Powell Company (Sandoval, Arturo)
August 26, 2013 Filing 343 NOTICE of Appearance filed by attorney Arturo E Sandoval on behalf of Defendant The William Powell Company (Sandoval, Arturo)
August 26, 2013 Filing 342 APPLICATION for attorney Barry L. Loftus to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12605790 paid.) filed by defendant Norfolk Southern Corporation. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Certificate of Service)(Rosasco, Erica)
August 23, 2013 Opinion or Order Filing 341 ORDER by Judge Audrey B. Collins: granting #340 Application to Appear Pro Hac Vice by Attorney Travis W. Martin on behalf of Defendant Velan Valve Corp., designating Bradflrd J. DeJardin as local counsel. (lt)
August 22, 2013 Filing 340 APPLICATION for attorney TRAVIS W. MARTIN to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by DEFENDANT Velan Valve Corporation. (Attachments: #1 Proposed Order)(DeJardin, Bradford)
August 22, 2013 Opinion or Order Filing 339 ORDER on Defendants Maremont Corporation and ArvinMeritor Inc's Motion for Protective Order by Magistrate Judge Michael R. Wilner. (See Order for further details) re Notice of Lodging #338 (vm)
August 20, 2013 Filing 338 NOTICE OF LODGING filed re MOTION for Protective Order #259 (Attachments: #1 Proposed Order)(Chan, Macy)
August 20, 2013 Filing 337 CORPORATE DISCLOSURE STATEMENT filed by Defendant Triple A Machine Shop, Inc. (Galfayan, Arpi)
August 20, 2013 Filing 336 AMENDED ANSWER to Amended Complaint,,,,,,, #256 filed by Defendant Triple A Machine Shop, Inc.. (Galfayan, Arpi)
August 20, 2013 Filing 335 NOTICE of Appearance filed by attorney Russell W Schatz, Jr on behalf of Defendant FMC Corporation (Schatz, Russell)
August 19, 2013 Filing 334 Opposition to Norfolk Southern Corporation's Motion to Dismiss for Lack of Personal Jurisdiction re: MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction #316 filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Attachments: #1 Declaration of Tenny Mirzayan, #2 Exhibit 1-16)(Mirzayan, Tenny)
August 16, 2013 Filing 333 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/13/13 10:11am re Transcript #332 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ml) TEXT ONLY ENTRY
August 16, 2013 Filing 332 TRANSCRIPT for proceedings held on 8/13/13 10:11am. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 11/14/2013. (ml)
August 15, 2013 Filing 330 TRANSCRIPT ORDER as to Defendant Maremont Corporation Court Smart (CS). Court will contact Charman Bee at cbee@hptylaw.com with any questions regarding this order. Transcript portion requested: Voir Dire on 8/13/13 by Court Smart. Other: Motion for Protective Order. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Gowin, Julia)
August 14, 2013 Filing 329 NOTICE of Appearance filed by attorney John F Hughes on behalf of Defendant Warren Pumps, LLC (Hughes, John)
August 14, 2013 Filing 328 NOTICE of Appearance filed by attorney Richard R Ames on behalf of Defendant Warren Pumps, LLC (Ames, Richard)
August 14, 2013 Filing 327 NOTICE of Appearance filed by attorney Howard D Ruddell on behalf of Defendant Genuine Parts Company (Ruddell, Howard)
August 13, 2013 Filing 331 MINUTES OF Motion Hearing held before Magistrate Judge Michael R. Wilner. (See Minute Order for further details) Court Recorder: CS 8/14/2013. (vm)
August 12, 2013 Filing 325 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #324 . The following error(s) was found: Incorrect document is attached to the docket entry. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (ak)
August 12, 2013 Filing 324 NOTICE of Appearance filed by attorney Malcolm D Donaldson on behalf of Defendant Hill Brothers Chemical Company (Donaldson, Malcolm)
August 12, 2013 Filing 323 NOTICE Notice of Telephonic Appearance filed by Defendants Mack Trucks, Inc.. Navistar, Inc., and Volvo Group North America LLC (Lannus, Paul)
August 12, 2013 Filing 322 Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123), #320 e-mailed to mgiaquinto@hptylaw.com, mchan@hptylaw.com, cweglarz@hptylaw.com bounced due to Delivery to the following recipients failed.. Primary e-mail addresses are correct. Possible issues with their mail server. Notice of Electronic Filing resent addressed to mgiaquinto@hptylaw.com, mchan@hptylaw.com, cweglarz@hptylaw.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tyw) TEXT ONLY ENTRY
August 12, 2013 Filing 321 Notice of Appearance or Withdrawal of Counsel: for attorney Rochelle R Ileto counsel for Defendant CBS Corporation. Adding Rochelle R. Ileto as attorney as counsel of record for CBS Corporation for the reason indicated in the G-123 Notice. Filed by Defendant CBS Corporation. (Ileto, Rochelle)
August 12, 2013 Filing 320 Notice of Appearance or Withdrawal of Counsel: for attorney Rochelle R Ileto counsel for Defendant FMC Corporation. Adding Rochelle R. Ileto as attorney as counsel of record for FMC Corporation for the reason indicated in the G-123 Notice. Filed by Defendant FMC Corporation. (Ileto, Rochelle)
August 8, 2013 Filing 316 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction filed by Specially Appearing Defendant Norfolk Southern Corporation. Motion set for hearing on 9/9/2013 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of J. Robert Fender, #3 Declaration of David J. Osborne, #4 Declaration of Erica L. Rosasco, #5 Exhibit A to Rosasco Decl., #6 Exhibit B to Rosasco Decl, #7 Exhibit C to Rosasco Decl, #8 Exhibit D to Rosasco Decl, #9 Affidavit Certificate of Service)(Rosasco, Erica)
August 8, 2013 Filing 314 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): This case has been referred to Judge Wilner for all discovery proceedings. All documents filed should include the initials MRW after the case number. The case number will now read: CV 13-3709 ABC (MRWx). The motion for protective order should be noticed before Judge Wilner for August 13, 2013 at 10:00 a.m.. 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. You need not take any action in response to this notice unless and until the court directs you to do so. RE: MOTION for Joinder in MOTION for Protective Order #259 Joinder #288 , MOTION for Protective Order #259 , Notice (Other) #300 . (vm)
August 7, 2013 Filing 315 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #313 . The following error(s) was found: Incorrect document is attached to the docket entry. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (ak)
August 7, 2013 Filing 313 NOTICE of Appearance filed by attorney Arturo E Sandoval on behalf of Defendant The William Powell Company (Sandoval, Arturo)
August 7, 2013 Filing 312 NOTICE OF TELEPHONIC APPEARANCE AT AUGUST 13, 2013 HEARING ON MOTION FOR PROTECTIVE ORDER filed by DEFENDANT The Goodyear Tire and Rubber Company. (Stone, Elan)
August 6, 2013 Opinion or Order Filing 318 ORDER/REFERRAL to ADR Procedure No 3 by Judge Audrey B. Collins. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than June 13, 2014. (bp)
August 6, 2013 Filing 311 Counsel hereby notified that the Court inadvertently set May 26, 2014 hearing date for the motion for summary judgment which is a Holiday. The new date will be reflected in the order to follow resetting the date to June 2, 2014 at 10:00 a.m.by A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY
August 6, 2013 Filing 310 NOTICE of Telephonic Appearance at August 13, 2013 Hearing on Motion for Protective Order filed by Defendant IMO Industries, Inc.. (Bailey, Bobbie)
August 6, 2013 Filing 309 NOTICE Defendant Norfolk Southern Corp.'s Notice of Telephonic Appearance filed by Specially Appearing Defendant Norfolk Southern Corporation. (Rosasco, Erica)
August 6, 2013 Filing 308 NOTICE of Appearance filed by attorney Kathleen B Ebrahimi on behalf of Defendant Fraser's Boiler Service, Inc. (Ebrahimi, Kathleen)
August 6, 2013 Filing 307 NOTICE of telephonic appearance at August 13, 2013 hearing on Motion for Protective Order filed by defendant Armstrong International, Inc.. (Louie, Vernice)
August 6, 2013 Filing 306 NOTICE of Telephonic Appearance at August 13, 2013 Hearing on Motion for Protective Order filed by defendant CLA-VAL Co.. (Sorosky, Erica)
August 5, 2013 Opinion or Order Filing 319 CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins: Amended Pleadings due by 9/13/2013. Discovery cut-off 2/18/2014. Motions due by 4/7/2014. Final Pretrial Conference set for 7/14/2014 10:00 AM before Judge Audrey B. Collins. Jury Trial set for 7/29/2014 08:30 AM before Judge Audrey B. Collins (SEE DOCUMENT FOR FURTHER DETAILS). (ab)
August 5, 2013 Filing 317 MINUTES OF Scheduling Conference held before Judge Audrey B. Collins. The Court having heard counsel, takes short recess for parties to meet and confer with respect to dates. Court resumes, the parties did not resolve matter with respect to dates. The Court conducts scheduling conference and sets the following dates: Add Claims/Parties Cut-Off 9/13/2014. Fact Discovery cut-off 2/18/2014. Plaintiffs' Expert Report 2/25/14. Defendants' Expert 3/10/14. Plaintiffs' Expert Rebuttal 3/17/14. Expert cut-off 3/24/14. Motion for Summary Judgment 4/7/2014. Final Pretrial Conference set for 7/14/2014 10:00 AM before Judge Audrey B. Collins. Jury Trial set for 7/29/2014 08:30 AM before Judge Audrey B. Collins.Court Reporter: Myra Ponce. (bp)
August 5, 2013 Filing 305 NOTICE of Appearance filed by attorney Philip J Bonoli on behalf of Defendant Daimler Trucks North America, LLC (Bonoli, Philip)
August 5, 2013 Filing 304 NOTICE DEFENDANT GENERAL ELECTRIC COMPANY'S NOTICE OF TELEPHONIC APPEARANCE AT AUGUST 13, 2013 HEARING ON MOTION FOR PROTECTIVE ORDER filed by DEFENDANT GENERAL ELECTRIC CO General Electric Company. (Gardiner, Katherine)
August 2, 2013 Filing 303 Certificate of Interested Parties filed by Defendant Daimler Trucks North America, LLC, (Bonoli, Philip)
August 2, 2013 Filing 302 NOTICE of Appearance filed by attorney Mark D Bratt on behalf of Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr (Bratt, Mark)
August 2, 2013 Filing 301 NOTICE of Appearance filed by attorney Ketul D Patel on behalf of Defendant Fraser's Boiler Service, Inc. (Patel, Ketul)
August 2, 2013 Filing 300 NOTICE filed by Defendant Air & Liquid Systems Corporation, Goulds Pumps, Inc., Warren Pumps, LLC. Telephonic Appearance at August 13, 2013 Hearing on Motion for Protective Order (Ames, Richard)
August 2, 2013 Filing 299 Judge Wilner is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judges Chambers email address at MRW_chambers@cacd.uscourts.gov. Please refer to the judges procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY
August 2, 2013 Opinion or Order Filing 298 MINUTE (IN CHAMBERS) ORDER RE: MOTION FOR PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. Motion set for hearing on August 13, 2013 at 10:00 AM before Magistrate Judge Michael R. Wilner. (See Minute Order for further details) (vm)
August 1, 2013 Opinion or Order Filing 297 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Margaret A. Nagle. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07 and General Order 08-05. Case randomly reassigned from Magistrate Judge Margaret A. Nagle to Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 13-03709 ABC(MRWx). (rn)
July 31, 2013 Opinion or Order Filing 296 MINUTE ORDER RE: APPEARING FOR AUGUST 5, 2013 STATUS CONFERENCE (IN CHAMBERS) by Judge Audrey B. Collins:The Court has reviewed the parties Joint Rule 26(f) Report, filed on July 29, 2013. (Docket No.289.) Rather than require appearances from all defense counsel, for purposes of the August 5, 2013status conference only, the Court requests that defense counsel confer amongst themselves and selectfive (or fewer) representatives to appear in person at the conference. Counsel other than the five representatives may also appear, but it is not mandatory.Defense counsel that wish to appear telephonically must make arrangements to be on a single telephone line before calling in to the status conference. Counsel appearing telephonically should make their appearances in the order they are listed on the signature pages of the Joint Rule 26(f) Report.(Docket No. 289 at 31-45.) Counsel facilitating the single telephone line may call the Courtroom Clerk, Angela Bridges, at 213-894-6500 for further instructions. IT IS SO ORDERED. (ab)
July 31, 2013 Filing 295 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Joinder in MOTION for Protective Order #259 Joinder #288 . The following error(s) was found: Incorrect event selected. The correct event is: Motions and Related Filings: Responses/Replies/Other Motion Related Documents> Joinder (Motion Related). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bp)
July 30, 2013 Filing 294 SUPPLEMENT to MOTION for Protective Order #259 for Plaintiff's Depositon filed by Defendants Arvinmeritor, Inc., Maremont Corporation. (Giaquinto, Michael)
July 30, 2013 Filing 293 SUPPLEMENT to MOTION for Protective Order #259 SUPPLEMENTAL BRIEFING IN SUPPORT OF OPPOSITION TO MOTION FOR PROTECTIVE ORDER OF DEFENDANTS MAREMONT CORPORATION AND ARVINMERITOR, INC. filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. (Mirzayan, Tenny)
July 29, 2013 Filing 292 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Joinder in MOTION for Protective Order #259 Joinder #288 . The following error(s) was found: Hearing information is missing, incorrect, or not timely.Other error(s) with document(s) are specified below. Other error(s) with document(s): Wrong judge selected within the docket entry.. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (mz)
July 29, 2013 Filing 291 Notice of Appearance or Withdrawal of Counsel: for attorney John P Katerndahl counsel for Defendant Haldex Brake Products Corporation. Filed by Defendant Haldex Brake Products Corporation. (Katerndahl, John)
July 29, 2013 Filing 290 ANSWER to Amended Complaint,,,,,,, #256 JURY DEMAND. filed by Defendant Haldex Brake Products Corporation.(Katerndahl, John)
July 29, 2013 Filing 289 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15-20 days, filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr.. (Attachments: #1 Declaration Lance K. Lassiter, M.D.)(Mirzayan, Tenny)
July 29, 2013 Filing 288 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Protective Order #259 Joinder filed by Defendants Domco Products Texas, L.P., Foster Wheeler Energy Corporation, Toyota Motor Sales, U.S.A, Inc.. Motion set for hearing on 8/13/2013 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Tommy W. Remillard, #2 Exhibit to Declaration)(Park, Charles)
July 25, 2013 Filing 287 NOTICE OF ERRATA filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr. correcting Service of Summons and Complaint Returned Executed (21 days), #286 (Mirzayan, Tenny)
July 25, 2013 Filing 286 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Norfolk Southern Corporation served on 7/23/2013, answer due 8/13/2013. Service of the Summons and Complaint were executed upon Krishna Majithia, Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Mirzayan, Tenny)
July 25, 2013 Filing 273 NOTICE Filing State Court Answer to Complaint filed by Defendant Caterpillar, Inc.. (Almazan, Marla)
July 25, 2013 Filing 272 NOTICE of Appearance filed by attorney Marla Talina Almazan on behalf of Defendant Caterpillar, Inc. (Almazan, Marla)
July 24, 2013 Filing 269 OBJECTIONS to Initial Disclosure Pursuant to FRCP Rule 26(a)(1) filed by Defendant Norfolk Southern Corporation. (Attachments: #1 Certificate of Service)(Rosasco, Erica)
July 24, 2013 Filing 268 Initial DISCLOSURE of Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Defendant Domco Products Texas, L.P. (Attachments: #1 Affidavit Certificate of Service)(Park, Charles)
July 24, 2013 Filing 267 INITIAL DISCLOSURE of DEFENDANT ARMSTRONG INTERNATIONAL, INC.'S INITIAL DISCLOSURES PURSUANT TO FRCP RULE 26(a)(1) filed by Defendant Armstrong International, Inc. (Blomquist, Sonja)
July 24, 2013 Filing 266 INITIAL DISCLOSURE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1) filed by Defendant The William Powell Company (Sandoval, Arturo)
July 24, 2013 Filing 265 INITIAL DISCLOSURE Pursuant to FEDERAL RULES OF CIVIL PROCEDURE 26(a)(1) filed by Defendant Goulds Pumps, Inc. (Coons, G)
July 24, 2013 Filing 264 DISCLOSURE of Defendant Parker Hannifin Corporation's Initial Disclosure Pursuant to FRCP Rule 26(a)(1) filed by Defendant Parker Hannifin Corporation (Tavera, Leonard)
July 24, 2013 Filing 263 INITIAL DISCLOSURE STATEMENT OF DEFENDANT CROWN CORK & SEAL COMPANY, INC. filed by Defendant Crown Cork & Seal Company, Inc. (Aportadera-Torres, Arabelle)
July 24, 2013 Filing 262 INITIAL DISCLOSURE STATEMENT OF DEFENDANT CROWN CORK & SEAL USA, INC. filed by Defendant Crown Cork & Seal Company, Inc. (Aportadera-Torres, Arabelle)
July 24, 2013 Filing 261 Notice of Appearance or Withdrawal of Counsel: for attorney James A Rapore counsel for Defendant Owens-Illinois, Inc.. James A. Rapore is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Owens-Illinois, Inc.. (Rapore, James)
July 24, 2013 Filing 260 INITIAL DISCLOSURE of RULE 26(a) filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr (Mirzayan, Tenny)
July 23, 2013 Filing 259 NOTICE OF MOTION AND MOTION for Protective Order filed by Defendants Arvinmeritor, Inc., Maremont Corporation. Motion set for hearing on 8/13/2013 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (Attachments: #1 Memorandum Joint Stipulation Regarding Motion for Protective Order of Defendants Maremont Corporation and ArvinMeritor, Inc., #2 Declaration of Michael B. Giaquinto In Support of Joint Stipulation Regarding Motion for Protective Order of Defendants Maremont Corporation and ArvinMeritor, Inc., #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Declaration of Tenny Mirzayan Part One of Two, #19 Declaration of Tenny Mirzayan Part Two of Two, #20 Proposed Order Granting Defendant Maremont Corporation and ArvinMeritor, Inc.'s Joint Stipulation for Protective Order)(Giaquinto, Michael)
July 23, 2013 Filing 258 INITIAL DISCLOSURE filed by Defendant Owens-Illinois, Inc. (Wiegmann, Yakov)
July 22, 2013 Filing 257 DISCLOSURE of Initial Disclosure Pursuant to FRCP Rule 26(a)(1) filed by Defendant Kaiser Gypsum Company, Inc. (Hormozyari, Anosheh)
July 19, 2013 21 DAY Summons Issued re First Amended Complaint, #256 as to Defendants 3M Bondo Corporation, Air & Liquid Systems Corporation, Armstrong International, Inc., Arvinmeritor, Inc., Borg-Warner Morse Tec, Inc., CBS Corporation, CLA-VAL Co., Caterpillar, Inc., Crane Co., Crown Cork & Seal Company, Inc., Cummins, Inc., DAP, Inc., Daimler Trucks North America, LLC, Dana Companies LLC, Detroit Diesel Corporation, Does, Domco Products Texas, L.P., Dowman Products, Inc., Eaton Corporation, Edelbrock Corporation, FMC Corporation, Flowserve (US), Inc., Ford Motor Company, Foster Wheeler Energy Corporation, Fraser's Boiler Service, Inc., General Electric Company, Genuine Parts Company, Georgia-Pacific LLC, Goulds Pumps, Inc., Haldex Brake Products Corporation, Hill Brothers Chemical Company, Honeywell International, Inc., IMO Industries, Inc., ITT Corporation, International Truck and Engine Corporation, Jerguson Gage & Valve Company, John Crane, Inc., Kaiser Gypsum Company, Inc., Kelsey-Hayes Company, Kentile Floors, Inc., Mack Trucks, Inc., Maremont Corporation, Metalclad Insulation Corporation, NMBFIL, Inc., Navistar, Inc., Norfolk Southern Corporation, Owens-Illinois, Inc., Parker Hannifin Corporation, Pneumo-Abex, LLC, SYD Carpenter Marine Contractor, Inc., Spirax Sarco, Inc., The Goodyear Tire and Rubber Company, The William Powell Company, Toyota Motor Corporation, Toyota Motor Sales, U.S.A, Inc., Triple A Machine Shop, Inc., Tube City IMS Corp., Velan Valve Corporation, Viad Corporation, Volvo Group North America, Inc., Volvo Trucks North America, Warren Pumps, LLC, Weir Valves & Controls USA, Inc.. (bp)
July 18, 2013 Filing 285 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 284 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 283 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 282 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 281 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 280 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 279 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 278 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 277 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 276 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 275 CERTIFICATION of Interested Parties filed by Plaintiff Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 274 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 271 CERTIFICATION of Interested Parties filed by Plaintiff Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 270 CERTIFICATION of Interested Parties filed by Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr, (bp)
July 18, 2013 Filing 256 FIRST AMENDED COMPLAINT against defendants 3M Bondo Corporation, Air & Liquid Systems Corporation, Armstrong International, Inc., Arvinmeritor, Inc., Borg-Warner Morse Tec, Inc., CBS Corporation, CLA-VAL Co., Caterpillar, Inc., Crane Co., Crown Cork & Seal Company, Inc., Cummins, Inc., DAP, Inc., Daimler Trucks North America, LLC, Dana Companies LLC, Detroit Diesel Corporation, Does, Domco Products Texas, L.P., Dowman Products, Inc., Eaton Corporation, Edelbrock Corporation, FMC Corporation, Flowserve (US), Inc., Ford Motor Company, Foster Wheeler Energy Corporation, Fraser's Boiler Service, Inc., General Electric Company, Genuine Parts Company, Georgia-Pacific LLC, Goulds Pumps, Inc., Haldex Brake Products Corporation, Hill Brothers Chemical Company, Honeywell International, Inc., IMO Industries, Inc., ITT Corporation, International Truck and Engine Corporation, Jerguson Gage & Valve Company, John Crane, Inc., Kaiser Gypsum Company, Inc., Kelsey-Hayes Company, Kentile Floors, Inc., Mack Trucks, Inc., Maremont Corporation, Metalclad Insulation Corporation, NMBFIL, Inc., Navistar, Inc., Norfolk Southern Corporation, Owens-Illinois, Inc., Parker Hannifin Corporation, Pneumo-Abex, LLC, SYD Carpenter Marine Contractor, Inc., Spirax Sarco, Inc., The Goodyear Tire and Rubber Company, The William Powell Company, Toyota Motor Corporation, Toyota Motor Sales, U.S.A, Inc., Triple A Machine Shop, Inc., Tube City IMS Corp., Velan Valve Corporation, Viad Corporation, Volvo Group North America, Inc., Volvo Trucks North America, Warren Pumps, LLC, Weir Valves & Controls USA, Inc. amending Notice of Removal #1 ,filed by plaintiffs Johnny Ray Penegar, Jr, Carra Jane Penegar. (bm) (bp). (Additional attachment(s) added on 7/22/2013: #1 summons) (bp).
July 12, 2013 Filing 255 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply Brief #246 , Answer by DAP, Inc. #250 . The following error(s) was found: Incorrect event selected. Local Rule 7.1-1 No Certification of Interested Parties and or no copies. Other error(s) with document(s) are specified below. The correct event is: Responses/Replies/Other Motion Related Documents-Reply (Motion related) #246 . Other error(s) with document(s): Docket entry text does not match caption of attached document. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
July 11, 2013 Filing 254 DEMAND for Jury Trial filed by PLAINTIFFS Carra Jane Penegar, Johnny Ray Penegar, Jr.. (Mirzayan, Tenny)
July 11, 2013 Filing 253 Notice of Appearance or Withdrawal of Counsel: for attorney David A Rawi counsel for Defendant Genuine Parts Company. Adding David A. Rawi as attorney as counsel of record for Genuine Parts Company for the reason indicated in the G-123 Notice. Filed by Defendant Genuine Parts Company. (Rawi, David)
July 10, 2013 Filing 252 APPLICATION for attorney Travis A. Bustamante to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12385523 paid.) filed by Defendant Crane Co.. (Attachments: #1 Tennessee Certificate of Good Standing, #2 North Carolina Certificate of Good Standing, #3 Proposed Order)(Gunning, Bradley)
July 10, 2013 Filing 251 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer by Defendant DAP, Inc. #245 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
July 8, 2013 Filing 250 ANSWER TO COMPLAINT filed by Defendant DAP, Inc..(Corman, Lisa)
July 8, 2013 Filing 249 NOTICE of Change of Attorney Business or Contact Information: for attorney Lisa A Corman counsel for Defendant DAP, Inc.. Changing email to lcorman@jjrlaw.com. Filed by Defendant DAP, Inc.. (Corman, Lisa)
July 8, 2013 Filing 248 Notice of Appearance or Withdrawal of Counsel: for attorney Lisa A Corman counsel for Defendant DAP, Inc.. Adding LISA A. CORMAN as attorney as counsel of record for DAP, INC. for the reason indicated in the G-123 Notice. Filed by Defendant DAP, Inc.. (Corman, Lisa)
July 8, 2013 Opinion or Order Filing 247 MINUTES (IN CHAMBERS): ORDER GRANTING Defendant Norfolk Southern Corporation's Unopposed Motion to Dismiss for Lack of Personal Jurisdiction #216 , by Judge Audrey B. Collins: Pending before the Court is Defendant Norfolk Southern Corporations ("NSC") Motion to Dismiss for Lack of Personal Jurisdiction, filed on June 21, 2013. (Docket No. 216.) The hearing date is currently set for July 22, 2013. Any opposition to the motion was due no later than July 1, 2013. Local Rule 7-9 (opposing papers due 21 days before hearing date). Plaintiffs failed to timely oppose this motion and NSC submitted on the papers on July 8, 2013. (Docket No. 246.). Having reviewed the merits, the Court GRANTS NSC's motion to dismiss without prejudice and VACATES the July 22, 2013 hearing date. If Plaintiffs do not file an amended complaint against NSC within ten (10) days of the date of this Order, the Court will dismiss the complaint against NSC with prejudice. (lw)
July 8, 2013 Filing 246 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction REPLY BRIEF filed by Defendant Norfolk Southern Corporation. Motion set for hearing on 7/22/2013 at 10:00 AM before Judge Audrey B. Collins. (Rosasco, Erica)
July 3, 2013 Filing 245 ANSWER to Notice of Removal,, #1 ANSWER TO PLAINTIFFS' COMPLAINT filed by Defendant DAP, Inc..(Corman, Lisa)
July 3, 2013 Filing 244 NOTICE of Change of Attorney Business or Contact Information: for attorney Lisa A Corman counsel for Defendant DAP, Inc.. Changing email to lcorman@jjrlaw.com. Filed by Defendant DAP, Inc.. (Corman, Lisa)
July 3, 2013 Filing 243 NOTICE of Appearance filed by attorney Lisa A Corman on behalf of Defendant DAP, Inc. (Corman, Lisa)
July 3, 2013 Filing 238 Notice of Appearance or Withdrawal of Counsel: for attorney Vernice Trina Louie counsel for Defendant Armstrong International, Inc.. Filed by Defendant Armstrong International, Inc.. (Louie, Vernice)
July 2, 2013 Filing 237 CERTIFICATE of Interested Parties filed by Defendant Crown Cork & Seal Company, Inc., identifying Crown Cork & Seal USA, Inc.. (Aportadera-Torres, Arabelle)
July 1, 2013 Filing 236 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is accepted as filed. Counsel for defendant Tube City IMS Corp. to e-file Certification of Interested Parties pursuant to Local Rule 7.2-1 by JULY 3, 2013. RE: Answer to Complaint #231 (lw)
July 1, 2013 Filing 235 of Interested Parties filed by Defendant Tube City IMS Corp., (Bonoli, Philip)
July 1, 2013 Filing 234 Notice of Appearance or Withdrawal of Counsel: for attorney Arabelle Aportadera-Torres counsel for Defendant Crown Cork & Seal Company, Inc.. Filed by Defendant Crown Cork & Seal USA, Inc.. (Aportadera-Torres, Arabelle)
July 1, 2013 Filing 233 ANSWER TO PLAINTIFFS' COMPLAINT FOR PERSONAL INJURY; DEMAND FOR JURY TRIAL filed by Defendant Crown Cork & Seal Company, Inc..(Aportadera-Torres, Arabelle)
July 1, 2013 Filing 232 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #231 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 28, 2013 Filing 231 ANSWER to Complaint filed by Defendant Tube City IMS Corp..(Bonoli, Philip)
June 26, 2013 Filing 242 ITT CORPORATION fka ITT INDUSTRIES, INC.'S RULE 7.1 DISCLOSURE STATEMENT (bm)
June 26, 2013 Filing 241 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant ITT Corporation. (bm)
June 26, 2013 Filing 240 ITT CORPORATION fka ITT INDUSTRIES, INC.'S NOTICE Of Filing State Court Answer To Plaintifs' Complaint For Personal Injury (bm)
June 26, 2013 Filing 239 ITT CORPORATION, fka ITT Industries, Inc.'s NOTICE of Appearance filed by attorney Kenneth B Prindle, Arpi Galfayan on behalf of Defendant ITT Corporation (bm)
June 26, 2013 Opinion or Order Filing 230 ORDER GRANTING PARTIES' STIPULATION TO CONSOLIDATE RELATED CASES by Judge Audrey B. Collins, re Stipulation to Consolidate Cases #207 . NOTE: CHANGES MADE BY THE COURT: The Court, having read and considered the parties' Stipulation to Consolidate Related Cases, and under the Courts inherent authority to control its docket, hereby orders Case No. 13CV03709ABCMAN to be consolidated with Case No. 13CV04015GWMRW, as both cases arise from the removal of the identical case, Los Angeles County Superior Court Case No. JCCP4674/BC507323. The Court directs the parties to make all future filings solely in Case No. 13CV03709ABC(MANx) and there is no need to refer to Case No. 13CV04015ABC (MANx) on any of those filings, case will be closed. Additionally, all future hearings and proceedings in Case No. 13CV04015ABC (MANx) are advanced to this date and vacated. All future hearings and proceedings in Case No. 13CV03709ABC (MANx) remain unchanged. (bm)
June 26, 2013 Opinion or Order Filing 229 ORDER ON STIPULATION REGARDING SERVICE ON LEXIS NEXIS by Judge Audrey B. Collins, re Stipulation #221 : Based upon the stipulation submitted by Plaintiffs Johnny Ray Penegar, Jr., Carra Jane Penegar and Defendants, IT IS HEREBY ORDERED, service of documents not filed with Court, including discovery requests, discovery responses, and correspondence, may be made by electronic service via Lexis Nexis. In this action, electronic service made by 5:00 p.m. PDT on a business day shall be considered equal to personal service on that business day. (bm)
June 26, 2013 Opinion or Order Filing 228 ORDER by Judge Audrey B. Collins: granting #225 Application to Appear Pro Hac Vice by Attorney Renee C. Kelley on behalf of Defendant Owens-Illinois, Inc., designating James A. Rapore as local counsel. (lt)
June 25, 2013 Filing 227 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Re-Filing of State Court Answer #223 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Notice (Other). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 24, 2013 Filing 226 NOTICE OF ERRATA filed by Defendant Owens-Illinois, Inc.. correcting APPLICATION for attorney Renee C. Kelley to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12313703 paid.) #225 (Rapore, James)
June 24, 2013 Filing 225 APPLICATION for attorney Renee C. Kelley to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12313703 paid.) filed by defendant Owens-Illinois, Inc.. (Attachments: #1 Proposed Order)(Rapore, James)
June 24, 2013 Filing 224 CORPORATE DISCLOSURE STATEMENT filed by Defendant Borg-Warner Morse Tec, Inc. (Vu, Jacqueline)
June 24, 2013 Filing 223 ANSWER Notice of Re-filing State Court Answer filed by Defendant Borg-Warner Morse Tec, Inc..(Vu, Jacqueline)
June 24, 2013 Filing 222 NOTICE of Appearance filed by attorney Jacqueline Vu on behalf of Defendant Borg-Warner Morse Tec, Inc. (Vu, Jacqueline)
June 24, 2013 Filing 221 STIPULATION for Order Stipulation Regarding Service on Lexis Nexis filed by Defendant John Crane, Inc.. (Attachments: #1 Proposed Order On Stipulation Regarding Service on Lexis Nexis)(Giaquinto, Michael)
June 24, 2013 Filing 220 NOTICE of Re-Filing of State Court Answer of Parker Hannifin Corporation filed by Defendant Parker Hannifin Corporation. (Tavera, Leonard)
June 24, 2013 Filing 219 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: of Re-Filing State Court Answer #213 , Motion to Dismiss #216 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text does not indicate that it is a Notice of Re-Filing State Court Answer. Attachment 4, Request for Judicial Notice should have been e-filed as a separate, stand-alone document using event Requests-For Judicial Notice. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 21, 2013 Filing 218 NOTICE Notice of Appearance filed by defendant Owens-Illinois, Inc.. (Rapore, James)
June 21, 2013 Filing 217 NOTICE OF ERRATA filed by Defendant Owens-Illinois, Inc.. correcting Answer to Complaint #210 (Wiegmann, Yakov)
June 21, 2013 Filing 216 NOTICE OF MOTION AND MOTION to Dismiss defendant Norfolk Southern Corporation for Lack of Personal Jurisdiction filed by Defendant Norfolk Southern Corporation. Motion set for hearing on 7/22/2013 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of Erica L. Rosasco in Support of Motion to Dismiss, #3 Declaration of Robert J. Fender in Support of Motion to Dismiss, #4 Supplement Request for Judicial Notice in Support of Motion to Dismiss, #5 Proposed Order Regarding Motion to Dismiss)(Rosasco, Erica)
June 21, 2013 Filing 215 of Interested Parties filed by Defendant Parker Hannifin Corporation, identifying Parker Hannifin Corporation, EIS Brake Parts, Cali Blok, and Standard Motor Products, Inc.. (Tavera, Leonard)
June 21, 2013 Filing 214 Notice of Appearance or Withdrawal of Counsel: for attorney Leonard M Tavera counsel for Defendant Parker Hannifin Corporation. Adding Leonard M. Tavera as attorney as counsel of record for Parker Hannifin Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Parker Hannifin Corporation. (Tavera, Leonard)
June 21, 2013 Filing 213 NOTICE filed by Defendant Parker Hannifin Corporation. (Tavera, Leonard)
June 21, 2013 Filing 212 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Re-Filing State Court Answer #210 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Notice (Other). Other error(s) with document(s): document is not an answer to the Notice of Removal, as indicated in docket entry text. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 20, 2013 Filing 211 CORPORATE DISCLOSURE STATEMENT filed by Defendant Owens-Illinois, Inc. identifying N/A as Corporate Parent. (Wiegmann, Yakov)
June 20, 2013 Filing 210 ANSWER to Notice of Removal,, #1 filed by Defendant Owens-Illinois, Inc.. (Attachments: #1 Exhibit A)(Wiegmann, Yakov)
June 20, 2013 Filing 209 NOTICE of Appearance filed by attorney Yakov Paul Wiegmann on behalf of Defendant Owens-Illinois, Inc. (Wiegmann, Yakov)
June 19, 2013 Filing 208 NOTICE of Appearance filed by attorney Anosheh A Hormozyari on behalf of Defendant Pneumo-Abex, LLC (Hormozyari, Anosheh)
June 18, 2013 Filing 207 STIPULATION to Consolidate Cases as to 2:13-cv-04015 filed by Defendant Foster Wheeler Energy Corporation. (Attachments: #1 Affidavit Certificate of Service, #2 Proposed Order Order Granting Plaintiffs' Stipulation to Consolidate Related Cases)(Park, Charles)
June 17, 2013 Filing 206 NOTICE of Appearance filed by attorney Danielle Ochi Renzi on behalf of Defendant Eaton Corporation (Renzi, Danielle)
June 17, 2013 Filing 205 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachments 1 and 2: Answer and Certificate of Interested Parties #99 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Answer and Certificate of Interested Parties should have been e-filed as separate, stand alone documents, not as additional attachments to the Notice of Appearance. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 17, 2013 Filing 204 CERTIFICATE of Interested Parties filed by DEFENDANT The Goodyear Tire and Rubber Company, (Stone, Elan)
June 17, 2013 Filing 203 NOTICE of Appearance filed by attorney Elan N Stone on behalf of Defendant The Goodyear Tire and Rubber Company (Stone, Elan)
June 17, 2013 Filing 202 NOTICE of Appearance filed by attorney Tenny Mirzayan on behalf of Plaintiffs Carra Jane Penegar, Johnny Ray Penegar, Jr (Mirzayan, Tenny)
June 14, 2013 Filing 201 DISCLOSURE STATEMENT PURSUANT TO LOCAL RULE 7.1-1 filed by Defendant The William Powell Company (Taqi-Eddin, Khaled)
June 14, 2013 Filing 200 DISCLOSURE STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 filed by Defendant The William Powell Company (Taqi-Eddin, Khaled)
June 14, 2013 Filing 199 Notice of Appearance or Withdrawal of Counsel: for attorney Khaled Taqi-Eddin counsel for Defendant The William Powell Company. Filed by DEFENDANT THE WM. POWELL COMPANY. (Taqi-Eddin, Khaled)
June 14, 2013 Filing 198 ANSWER TO PLAINTIFFS' COMPLAINT FOR PERSONAL INJURY AND DEMAND FOR TRIAL BY JURY filed by Defendant The William Powell Company.(Taqi-Eddin, Khaled)
June 14, 2013 Filing 197 Initial DISCLOSURE filed by Defendant Armstrong International, Inc. (Blomquist, Sonja)
June 14, 2013 Filing 196 NOTICE of Appearance filed by attorney Sonja E Blomquist on behalf of Defendant Armstrong International, Inc. (Blomquist, Sonja)
June 14, 2013 Filing 195 CERTIFICATE of Interested Parties filed by Defendant Armstrong International, Inc., (Blomquist, Sonja)
June 14, 2013 Filing 194 ANSWER Notice of Refiling State Answer filed by Defendant Armstrong International, Inc..(Blomquist, Sonja)
June 14, 2013 Filing 193 CORPORATE DISCLOSURE STATEMENT filed by Defendant Eaton Corporation (Renzi, Danielle)
June 14, 2013 Filing 192 NOTICE filed by Defendant Eaton Corporation. Filing State Court Answer (Renzi, Danielle)
June 14, 2013 Filing 191 CERTIFICATE of Interested Parties filed by Defendant Crown Cork & Seal Company, Inc., identifying Crown Cork & Seal Company, Inc.. (Aportadera-Torres, Arabelle)
June 14, 2013 Filing 190 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proofs of Service [119-124], [126-160], #162 , [164-178], #180 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): District court case number is not indicated in the caption of the attached documents. Proof of Service #122 docket entry text defendant served does not match party indicated in text of attached document. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 13, 2013 Filing 189 Notice of Appearance or Withdrawal of Counsel: for attorney Lara M Kruska counsel for Defendant Kaiser Gypsum Company, Inc.. Lara M. Kruska is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Kaiser Gypsum Company, Inc.. (Kruska, Lara)
June 13, 2013 Filing 188 Notice of Appearance or Withdrawal of Counsel: for attorney Timothy C Pieper counsel for Defendant Genuine Parts Company. Adding Timothy C. Pieper as attorney as counsel of record for Genuine Parts Company for the reason indicated in the G-123 Notice. Filed by Defendant Genuine Parts Company. (Pieper, Timothy)
June 13, 2013 Filing 187 Notice of Appearance or Withdrawal of Counsel: for attorney Russell W Schatz, Jr counsel for Defendant Genuine Parts Company. Adding Russell W. Schatz as attorney as counsel of record for Genuine Parts Company for the reason indicated in the G-123 Notice. Filed by Defendant Genuine Parts Company. (Schatz, Russell)
June 13, 2013 Filing 186 Notice of Interested Parties filed by Defendant Genuine Parts Company, (Schatz, Russell)
June 13, 2013 Filing 185 ANSWER to Plaintiffs' Complaint filed by Defendant Genuine Parts Company.(Schatz, Russell)
June 13, 2013 Filing 184 ANSWER filed by Defendant Domco Products Texas, L.P.. (Attachments: #1 Supplement Defendant Domco Products Texas Inc.'s Notice of Appearance, #2 Supplement Defendant Domco Products Texas Inc.'s Disclosure Statement and Notice of Interested Parties Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1-1)(Moses, Thomas)
June 13, 2013 Filing 183 Notice of Appearance or Withdrawal of Counsel: for attorney Hans Christian N Ruschke counsel for Defendant Kaiser Gypsum Company, Inc.. Adding Hans C. Ruschke as attorney as counsel of record for Kaiser Gypsum Company, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Kaiser Gypsum Company, Inc.. (Ruschke, Hans)
June 13, 2013 Filing 182 First NOTICE of Appearance filed by attorney Arabelle Aportadera-Torres on behalf of Defendant Crown Cork & Seal Company, Inc. (Aportadera-Torres, Arabelle)
June 13, 2013 Filing 181 ANSWER TO PLAINTIFFS' COMPLAINT FOR PERSONAL INJURY; DEMAND FOR JURY TRIAL filed by Defendant Crown Cork & Seal Company, Inc..(Aportadera-Torres, Arabelle)
June 12, 2013 Filing 180 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Toyota Motor Corporation served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Maria Sanchez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 179 Pursuant to the rules of the Court mandatory chambers copies must include the following: the PDF header which indicates the case number, Judge's initial, document number, dated e-filed, and the number of pages in each document, also you must have the notice of electronic filing attached to the back of each documents. The Court is in receipt of documents 113-118 e-filed Arpi Galfayan, Esq. on June 11, 2013 and they did not include the above. The Court will accept the copies at this time, but future mandatory chambers copies must include what is required by the Court or be rejected by A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
June 12, 2013 Filing 178 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Dana Companies LLC served on 5/13/2013, answer due 6/3/2013. Service of the Summons and Complaint were executed upon Sandy Tarver, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 177 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Edelbrock Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Genny Reyes, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 176 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Triple A Machine Shop, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Nayer Barnes, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 175 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Hill Brothers Chemical Company served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon T.Ruiz, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 174 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Metalclad Insulation Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon J. Villeneave, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 173 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant CLA-VAL Co. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Lily Navarro, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 172 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Genuine Parts Company served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon David Velasco, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 171 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Mack Trucks, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 170 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Owens-Illinois, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 169 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Haldex Brake Products Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 168 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant IMO Industries, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 167 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant John Crane, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 166 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Goulds Pumps, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 165 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Spirax Sarco, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 164 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant SYD Carpenter Marine Contractor, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 163 Notice of Interested Parties filed by Defendant Honeywell International, Inc., (Ongaro, David)
June 12, 2013 Filing 162 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Viad Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 161 ANSWER PREVIOUSLY FILED IN STATE COURT filed by Defendant Honeywell International, Inc..(Ongaro, David)
June 12, 2013 Filing 160 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Warren Pumps, LLC served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 159 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Crane Co. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 158 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Caterpillar, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 157 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Parker Hannifin Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 156 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Georgia-Pacific LLC served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 155 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Foster Wheeler Energy Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 154 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant General Electric Company served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 153 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant FMC Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 152 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Ford Motor Company served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 151 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Eaton Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 150 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Detroit Diesel Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 149 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Domco Products Texas, L.P. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Ayvette Hernandez, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 148 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Daimler Trucks North America, LLC served on 5/14/2013, answer due 6/4/2013. Service of the Summons and Complaint were executed upon Maria Sanchez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 147 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Volvo Group North America, Inc. served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Management Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 146 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Weir Valves & Controls USA, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Stacey Roderick, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 145 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant DAP, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Robin Lohcte, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 144 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant International Truck and Engine Corporation served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Gina Lendi, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 143 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Navistar, Inc. served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Gina Lendi, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 142 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Plaintiff NMBFIL, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Deanne Schauseil, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 141 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Air & Liquid Systems Corporation served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Sabra Dudding, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 140 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant The William Powell Company served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Nena Campbell, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 139 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Armstrong International, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Tom Morris, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 138 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Flowserve (US), Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Tiffiney Rogers, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 137 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Velan Valve Corporation served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Ann Lander, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 136 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Arvinmeritor, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Patrick Jones, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 135 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Cummins, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Becky Degeorge, Authorized To Accept Serivce in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 134 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant CBS Corporation served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Becky Degeorge, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 133 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant The Goodyear Tire and Rubber Company served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Becky Degeorge in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 132 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Honeywell International, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Becky Degeorge, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 131 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Kaiser Gypsum Company, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Becky Degeorge, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 130 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Kelsey-Hayes Company served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Becky Degeorge, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 129 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Fraser's Boiler Service, Inc. served on 5/6/2013, answer due 5/27/2013. Service of the Summons and Complaint were executed upon Christina Snyder, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 128 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Maremont Corporation served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 127 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Volvo Trucks North America served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Managing Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 126 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Borg-Warner Morse Tec, Inc. served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Managing Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 125 NOTICE of Related Case(s) filed by defendant General Electric Company. Related Case(s): 2:13-cv-04015 (Gardiner, Katherine)
June 12, 2013 Filing 124 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Jerguson Gage & Valve Company served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Sue Rhea, Managing Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 123 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Pneumo-Abex, LLC served on 5/8/2013, answer due 5/29/2013. Service of the Summons and Complaint were executed upon Sue Rhea, Managing Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 122 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Tube City IMS Corp. served on 5/13/2013, answer due 6/3/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Managing Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 121 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Crown Cork & Seal Company, Inc. served on 5/13/2013, answer due 6/3/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Managing Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 120 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Toyota Motor Sales, U.S.A, Inc. served on 5/7/2013, answer due 5/28/2013. Service of the Summons and Complaint were executed upon Maria Sanchez, Authorized To Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 12, 2013 Filing 119 PROOF OF SERVICE Executed by Plaintiff Johnny Ray Penegar, Jr, Carra Jane Penegar, upon Defendant Norfolk Southern Corporation served on 5/10/2013, answer due 5/31/2013. Service of the Summons and Complaint were executed upon Roger Petersen in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Shef, Alexandra)
June 11, 2013 Filing 118 CORPORATE DISCLOSURE STATEMENT filed by Defendant SYD Carpenter Marine Contractor, Inc. (Galfayan, Arpi)
June 11, 2013 Filing 117 NOTICE filed by Defendant SYD Carpenter Marine Contractor, Inc.. of Filing State Court Answer to Plaintiffs' Complaint for Personal Injury (Galfayan, Arpi)
June 11, 2013 Filing 116 NOTICE of Appearance filed by attorney Arpi Galfayan on behalf of Defendant SYD Carpenter Marine Contractor, Inc. (Galfayan, Arpi)
June 11, 2013 Filing 115 CORPORATE DISCLOSURE STATEMENT filed by Defendant Edelbrock Corporation (Galfayan, Arpi)
June 11, 2013 Filing 114 NOTICE filed by Defendant Edelbrock Corporation. of Filing State Court Answer to Plaintiffs' Complaint for Personal Injury (Galfayan, Arpi)
June 11, 2013 Filing 113 NOTICE of Appearance filed by attorney Arpi Galfayan on behalf of Defendant Edelbrock Corporation (Galfayan, Arpi)
June 11, 2013 Filing 112 NOTICE of Appearance filed by attorney Anna Katherine Milunas on behalf of Defendant Viad Corporation (Milunas, Anna)
June 11, 2013 Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #105 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Appearance. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 10, 2013 Filing 110 NOTICE of Appearance filed by attorney Patricia Kantor Conway on behalf of Defendant Hill Brothers Chemical Company (Conway, Patricia)
June 10, 2013 Filing 109 DISCLOSURE of Statement and Certificate of Interested Parties filed by Defendant Hill Brothers Chemical Company (Donaldson, Malcolm)
June 10, 2013 Filing 108 ANSWER Filed in State Court (Notice of) filed by Defendant Hill Brothers Chemical Company.(Donaldson, Malcolm)
June 10, 2013 Filing 107 NOTICE of Appearance filed by attorney Malcolm D Donaldson on behalf of Defendant Hill Brothers Chemical Company (Donaldson, Malcolm)
June 10, 2013 Filing 106 Notice of Interested Parties of Interested Parties filed by Defendant Toyota Motor Sales, U.S.A, Inc., identifying TOYOTA Motor North America, Inc.. (Attachments: #1 Affidavit Certificate of service)(Bernard, Randall)
June 10, 2013 Filing 105 NOTICE of Appearance filed by Defendant Toyota Motor Sales, U.S.A, Inc.. (Bernard, Randall)
June 10, 2013 Filing 104 ANSWER to Complaint for Personal Injury--Negligence, Strict Liability, Loss of Consortium; Federal Employees' Liability filed by Defendant Toyota Motor Sales, U.S.A, Inc.. (Attachments: #1 Affidavit Certificate of Service)(Bernard, Randall)
June 10, 2013 Filing 103 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notices of Interested Parties #95 , #98 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Certificate/Notice of Interested Parties. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 7, 2013 Filing 102 Notice of Electronic Filing re Answer to Complaint #96 , Notice of Change of Attorney Business or Contact Information (G-06), #101 , Notice of Appearance or Withdrawal of Counsel (G-123), #93 , Answer to Complaint #94 , Notice of Appearance or Withdrawal of Counsel (G-123), #99 , Notice (Other) #95 , Notice of Appearance or Withdrawal of Counsel (G-123), #97 , Notice (Other) #98 , Notice of Appearance or Withdrawal of Counsel (G-123), #100 , Answer to Complaint #92 e-mailed to eslaughter@hpty.com bounced due to 5.1.2 - Bad destination host "DNS Hard Error looking up hpty.com. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to eslaughter@hptylaw.com which was removed as a secondary address and entered as the primary address. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY
June 7, 2013 Filing 101 NOTICE of Change of Attorney Business or Contact Information: for attorney Bradford John DeJardin counsel for Defendants Kelsey-Hayes Company, Metalclad Insulation Corporation, Velan Valve Corporation. Filed by DEFENDANT KELSEY-HAYES COMPANY; METALCLAD INSULATION CORPORATION; VELAN VALVE CORP.. (DeJardin, Bradford)
June 7, 2013 Filing 100 Notice of Appearance or Withdrawal of Counsel: for attorney Bradford John DeJardin counsel for Defendants Kelsey-Hayes Company, Metalclad Insulation Corporation, Velan Valve Corporation. Filed by DEFENDANTS KELSEY-HAYES COMPANY; METALCLAD INSULATION CORPORATION; VELAN VALVE CORP.. (DeJardin, Bradford)
June 7, 2013 Filing 99 Notice of Appearance or Withdrawal of Counsel: for attorney Macy M Chan counsel for Defendant Maremont Corporation. Filed by defendant Maremont Corporation. (Attachments: #1 Answer to Plaintiff's Complaint, #2 Certificate of Interested Parties)(Chan, Macy)
June 7, 2013 Filing 98 NOTICE filed by defendant Volvo Group North America, Inc.. of Interested Parties Pursuant to Local Rule 7.1-1 (Lannus, Paul)
June 7, 2013 Filing 97 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Lannus counsel for Defendant Volvo Group North America, Inc.. Adding James J. Ostertag as attorney as counsel of record for Volvo Group North America LLC for the reason indicated in the G-123 Notice. Filed by defendant Volvo Group North America LLC. (Lannus, Paul)
June 7, 2013 Filing 96 ANSWER Answer to Plaintiff's Complaint filed by defendant Volvo Group North America, Inc..(Lannus, Paul)
June 7, 2013 Filing 95 NOTICE filed by defendant Navistar, Inc.. of Inerested Parties Pursuant to Local Rule 7.1-1 (Lannus, Paul)
June 7, 2013 Filing 94 ANSWER Jury Demand and Affirmative Defenses filed by Defendant Crane Co..(Farkas, Stephen)
June 7, 2013 Filing 93 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Lannus counsel for Defendant Navistar, Inc.. Adding James J. Ostertag as attorney as counsel of record for Navistar, Inc. for the reason indicated in the G-123 Notice. Filed by defendant Navistar, Inc.. (Lannus, Paul)
June 7, 2013 Filing 92 ANSWER to Notice of Removal,, #1 Answer to Plaintiff's Complaint filed by defendant Navistar, Inc..(Lannus, Paul)
June 6, 2013 Filing 91 CERTIFICATE of Interested Parties filed by Defendant NMBFIL, Inc., identifying RPM International Inc.. (Newman, Nathan)
June 6, 2013 Filing 90 Notice of Withdrawal of Certificate/Notice of Interested Parties #81 filed by Defendant NMBFIL, Inc.. (Newman, Nathan)
June 6, 2013 Filing 89 ANSWER filed by Defendant Arvinmeritor, Inc..(Giaquinto, Michael)
June 6, 2013 Filing 88 Certificate of Interested Parties filed by Defendant Arvinmeritor, Inc., (Giaquinto, Michael)
June 6, 2013 Filing 87 NOTICE of Appearance filed by attorney Michael B Giaquinto on behalf of Defendant Arvinmeritor, Inc. (Giaquinto, Michael)
June 6, 2013 Filing 86 NOTICE of Appearance filed by attorney Lara M Kruska on behalf of Defendant Kaiser Gypsum Company, Inc. (Kruska, Lara)
June 6, 2013 Filing 85 DISCLOSURE of STATEMENT PURSUANT TO F.R.C.P. 7.1 filed by Defendant Kaiser Gypsum Company, Inc. (Kruska, Lara)
June 6, 2013 Filing 84 ANSWER TO PLAINTIFFS' COMPLAINT (PERSONAL INJURY-ASBESTOS) filed by Defendant Kaiser Gypsum Company, Inc..(Kruska, Lara)
June 6, 2013 Filing 83 JOINDER filed by Defendant CBS Corporation joining in Notice of Removal,, #1 . (Patel, Ketul)
June 6, 2013 Filing 82 DISCLOSURE of F.R.C.P. 7.1 Disclosure Statement filed by Defendant CBS Corporation (Patel, Ketul)
June 6, 2013 Filing 81 CERTIFICATE of Interested Parties filed by Defendant NMBFIL, Inc., identifying PRM International Inc.. (Newman, Nathan)
June 6, 2013 Filing 80 ANSWER to Notice of Removal,, #1 Answer to Plaintiffs' Complaint and Demand for Jury Trial filed by Defendant CBS Corporation.(Patel, Ketul)
June 6, 2013 Filing 79 ANSWER to Plaintiffs' Complaint filed by Defendant NMBFIL, Inc..(Newman, Nathan)
June 6, 2013 Filing 78 NOTICE of Appearance filed by attorney Ketul D Patel on behalf of Defendant CBS Corporation (Patel, Ketul)
June 6, 2013 Filing 77 NOTICE of Appearance filed by attorney Kimberly Lynn Rivera on behalf of Defendant CBS Corporation (Rivera, Kimberly)
June 6, 2013 Filing 76 NOTICE of Appearance filed by attorney Kevin D Jamison on behalf of Defendant CBS Corporation (Jamison, Kevin)
June 6, 2013 Filing 75 NOTICE of Appearance filed by attorney Nathan T Newman on behalf of Defendant NMBFIL, Inc. (Newman, Nathan)
June 6, 2013 Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #36 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Appearance. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 6, 2013 Filing 73 DISCLOSURE of STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 filed by Defendant Pneumo-Abex, LLC (Ebrahamian, Salin)
June 6, 2013 Filing 72 NOTICE of Appearance filed by attorney Salin Ebrahamian on behalf of Defendant Pneumo-Abex, LLC (Ebrahamian, Salin)
June 6, 2013 Filing 71 CERTIFICATE of Interested Parties filed by DEFENDANT The Goodyear Tire and Rubber Company, (Stone, Elan)
June 6, 2013 Filing 70 NOTICE of Appearance filed by attorney Elan N Stone on behalf of Defendant The Goodyear Tire and Rubber Company (Stone, Elan)
June 6, 2013 Filing 69 ANSWER TO PLAINTIFFS' COMPLAINT FOR PERSONAL INJURY - ASBESTOS; DEMAND FOR JURY TRIAL filed by DEFENDANT The Goodyear Tire and Rubber Company.(Stone, Elan)
June 5, 2013 Filing 68 Certification of Interested Parties filed by Defendant Goulds Pumps, Inc., (Powell, Glen)
June 5, 2013 Filing 67 ANSWER to Complaint for Personal Injuries - Asbestos (Negligence; Strict Liability): Demand for Jury Trial filed by Defendant Goulds Pumps, Inc..(Powell, Glen)
June 5, 2013 Filing 66 CERTIFICATE of Interested Parties filed by Defendant Dana Companies LLC, identifying AIU Insurance Company, Aetna Casualty and Surety Company, Affiliated FM Insurance Company, Allianz Underwriters, Inc, American Employers Insurance Company,American Home Assurance Company, American Insurance Company, American Re-Insurance Company, Associated Indemnity Corp, Associated International Insurance, California Union Insurance Company, Certain Underwriters at Lloyds of London, Certain British Carriers, Columbia Casualty Company, Continental Casualty Company, Continental Insurance Company, Employers Insurance of Wausau,Employers Mutual Casualty Company,Federal Insurance Company Fireman's Fund Insurance Company, First State Insurance Company, Gibraltar Insurance Company, Granite State Insurance Company, Great American Insurance Company, Harbor Insurance Company, Hartford Accidental and Indemnity Company, International Surplus Lines Insurance Company, Lexington Insurance Company, Manhattan Fire & Marine Insurance Company, National Surety Corporation, National Union Fire Insurance Company of Pittsburgh PA, Northbrook Excess and Surplus Insurance Company, Northbrook Insurance Company, North Star Reinsurance Corporation, Northwest National Insurance Company, Royal Indemnity Company, Safety Mutual Casualty Corp, Stonewall Insurance Company, St. Paul Surplus Lines Insurance Company, The Insurance Company of the State of Pennsylvania, Transit Casualty Company, Transport Indemnity Company, Twin City Fire Insurance Company. (DeJardin, Bradford)
June 5, 2013 Filing 65 NOTICE of Appearance filed by attorney Steven D Smelser on behalf of Defendant Ford Motor Company (Smelser, Steven)
June 5, 2013 Filing 64 Certification of Interested Parties filed by Defendant Ford Motor Company, (Smelser, Steven)
June 5, 2013 Filing 63 DEMAND for Jury Trial filed by Defendant Ford Motor Company.. (Smelser, Steven)
June 5, 2013 Filing 62 DISCLOSURE re Answer to Complaint #59 DISCLOSURE STATEMENT OF PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 7.1-1 filed by Defendant Fraser's Boiler Service, Inc. (Wick, Previn)
June 5, 2013 Filing 61 ANSWER /Defendant Ford Motor Company's Answer to Plaintiffs' Complaint for Personal Injury - Asbestos filed by Defendant Ford Motor Company.(Smelser, Steven)
June 5, 2013 Filing 60 ANSWER to Notice of Removal,, #1 filed by defendant Dana Companies LLC.(DeJardin, Bradford)
June 5, 2013 Filing 59 ANSWER to Complaint for Personal Injury - Asbestos; Demand for Jury Trial filed by defendant Fraser's Boiler Service, Inc..(Wick, Previn)
June 5, 2013 Filing 58 NOTICE of Appearance filed by attorney Previn A Wick on behalf of Defendant Fraser's Boiler Service, Inc. (Wick, Previn)
June 5, 2013 Filing 57 NOTICE of Appearance filed by attorney Daniel J Kelly on behalf of Defendant Flowserve (US), Inc. (Kelly, Daniel)
June 5, 2013 Filing 56 of Interested Parties filed by defendant Mack Trucks, Inc., (Lannus, Paul)
June 5, 2013 Filing 55 NOTICE of Appearance filed by attorney Paul Lannus on behalf of Defendant Mack Trucks, Inc. (Lannus, Paul)
June 5, 2013 Filing 54 ANSWER Answer to Plaintiff's Complaint filed by defendant Mack Trucks, Inc..(Lannus, Paul)
June 5, 2013 Filing 53 NOTICE of Interested Parties filed by Defendant Georgia-Pacific LLC, identifying Johnny Rae Penegar, Jr., Carra Jane Penegar. (McClure, David)
June 5, 2013 Filing 52 ANSWER TO COMPLAINT FOR PERSONAL INJURY - ASBESTOS filed by Defendant Georgia-Pacific LLC.(McClure, David)
June 5, 2013 Filing 51 DISCLOSURE of F.R.C.P. 7.1 Disclosure Statement filed by Defendant FMC Corporation (Patel, Ketul)
June 5, 2013 Filing 50 ANSWER to Notice of Removal,, #1 Answer to Plaintiffs' Complaint - Demand for Jury Trial filed by Defendant FMC Corporation.(Patel, Ketul)
June 5, 2013 Filing 49 NOTICE of Appearance filed by attorney Ketul D Patel on behalf of Defendant FMC Corporation (Patel, Ketul)
June 5, 2013 Filing 48 NOTICE of Appearance filed by attorney Kimberly Lynn Rivera on behalf of Defendant FMC Corporation (Rivera, Kimberly)
June 5, 2013 Filing 47 NOTICE of Appearance filed by attorney Kevin D Jamison on behalf of Defendant FMC Corporation (Jamison, Kevin)
June 5, 2013 Filing 46 CORPORATE DISCLOSURE STATEMENT filed by Defendant Weir Valves & Controls USA, Inc. identifying The Weir Group PLC, a UK public company listed on the London Stock Exchange as Corporate Parent. (Bergstrom, Emily)
June 5, 2013 Filing 45 NOTICE of Appearance filed by attorney Emily D Bergstrom on behalf of Defendant Weir Valves & Controls USA, Inc. (Bergstrom, Emily)
June 5, 2013 Filing 44 ANSWER To Plaintiffs' Complaint For Personal Injury - Asbestos filed by Defendant Weir Valves & Controls USA, Inc..(Bergstrom, Emily)
June 5, 2013 Filing 43 NOTICE of Appearance filed by attorney Bobbie R Bailey on behalf of Defendant IMO Industries, Inc. (Bailey, Bobbie)
June 5, 2013 Filing 42 ANSWER to Notice of Removal,, #1 filed by Defendant IMO Industries, Inc..(Rauch, Lisa)
June 5, 2013 Filing 41 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant IMO Industries, Inc. (Rauch, Lisa)
June 5, 2013 Filing 40 NOTICE of Appearance filed by attorney Lisa K Rauch on behalf of Defendant IMO Industries, Inc. (Rauch, Lisa)
June 5, 2013 Filing 39 DEMAND for Jury Trial filed by Defendant Flowserve (US), Inc... (Brosamle, Anthony)
June 5, 2013 Filing 38 ANSWER Defendant Flowserve US Inc., solely as successor to Edward Valves, Inc.'s Answer to Plaintiffs' Complaint for Damages filed by Defendant Flowserve (US), Inc..(Brosamle, Anthony)
June 5, 2013 Filing 37 CERTIFICATE of Interested Parties filed by Defendant Flowserve (US), Inc., identifying Flowserve Corporation. (Brosamle, Anthony)
June 5, 2013 Filing 36 NOTICE Notice of Appearance filed by Defendant Flowserve (US), Inc.. (Brosamle, Anthony)
June 4, 2013 Filing 35 NOTICE of Appearance filed by attorney Derek S Johnson on behalf of Defendant General Electric Company (Johnson, Derek)
June 4, 2013 Filing 34 CORPORATE DISCLOSURE STATEMENT filed by Defendant General Electric Company (Gardiner, Katherine)
June 4, 2013 Filing 33 ANSWER filed by defendant General Electric Company.(Gardiner, Katherine)
June 4, 2013 Filing 32 NOTICE of Appearance filed by attorney Katherine Paige Gardiner on behalf of Defendant General Electric Company (Gardiner, Katherine)
June 4, 2013 Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #30 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 3, 2013 Filing 30 ANSWER TO PLAINTIFFS' COMPLAINT (PERSONAL INJURY-ASBESTOS); DEMAND FOR JURY TRIAL filed by Defendant Pneumo-Abex, LLC.(Ebrahamian, Salin)
May 31, 2013 Opinion or Order Filing 29 ORDER RE: SCHEDULING CONFERENCE by Judge Audrey B. Collins. Scheduling Conference set for 8/5/2013 10:00 AM before Judge Audrey B. Collins (SEE DOCUMENT FOR FURTHER DETAILS). (ab)
May 31, 2013 Filing 28 certificate of Interested Parties filed by defendant CLA-VAL Co., identifying Cla-Val Co., Griswold Industries, Inc., The Travelers Companies, Inc., CNA Insurance Company. (Sorosky, Erica)
May 31, 2013 Filing 27 NOTICE of Refiling State Court Answer to Complaint filed by defendant CLA-VAL Co.. (Sorosky, Erica)
May 31, 2013 Filing 26 CERTIFICATE of Interested Parties filed by Defendant Jerguson Gage & Valve Company, identifying Clark-Reliance Corporation. (Newman, Nathan)
May 31, 2013 Filing 25 ANSWER to Plaintiffs' Complaint filed by Defendant Jerguson Gage & Valve Company.(Newman, Nathan)
May 31, 2013 Filing 24 NOTICE of Appearance filed by attorney Nathan T Newman on behalf of Defendant Jerguson Gage & Valve Company (Newman, Nathan)
May 31, 2013 Filing 23 DEMAND for Jury Trial filed by Defendant Spirax Sarco, Inc... (Newman, Nathan)
May 31, 2013 Filing 22 NOTICE of Refiling State Court Answer filed by Defendant Spirax Sarco, Inc.. (Newman, Nathan)
May 31, 2013 Filing 21 CERTIFICATE of Interested Parties filed by Defendant Spirax Sarco, Inc., identifying Sarco International; Spirax-Sarco Investments, LTD; Spirax-Sarco Engineering plc. (Newman, Nathan)
May 31, 2013 Filing 20 NOTICE of Appearance filed by attorney Nathan T Newman on behalf of Defendant Spirax Sarco, Inc. (Newman, Nathan)
May 30, 2013 Filing 19 Certification of Interested Parties filed by Defendant Air & Liquid Systems Corporation, (Powell, Glen)
May 30, 2013 Filing 18 ANSWER to Complaint for Personal Injuries - Asbestos (Negligence; Strict Liability); Demand for Jury Trial filed by Defendant Air & Liquid Systems Corporation.(Powell, Glen)
May 30, 2013 Filing 17 CERTIFICATION of Interested Parties filed by Defendant Warren Pumps, LLC, (Powell, Glen)
May 30, 2013 Filing 16 ANSWER to Complaint for Personal Injuries - Asbestos (Negligence; Strict Liability); Demand for Jury Trial filed by Defendant Warren Pumps, LLC.(Powell, Glen)
May 30, 2013 Filing 15 NOTICE OF RE-FILING STATE COURT ANSWER TO COMPLAINT filed by DEFENDANT Viad Corporation. (Langbord, Peter)
May 30, 2013 Filing 14 NOTICE of Interested Parties filed by DEFENDANT Viad Corporation, identifying Blackrock, Inc.. (Langbord, Peter)
May 30, 2013 Filing 13 JOINDER filed by Defendant Viad Corporation joining in Notice of Removal,, #1 . (Langbord, Peter)
May 30, 2013 Filing 12 ANSWER filed by Defendant John Crane, Inc.. (Attachments: #1 Defendant John Crane Inc.'s Demand for Jury Trial)(Giaquinto, Michael)
May 30, 2013 Filing 11 CERTIFICATE of Interested Parties filed by Defendant John Crane, Inc., (Giaquinto, Michael)
May 30, 2013 Filing 10 First NOTICE of Appearance filed by attorney Michael B Giaquinto on behalf of Defendant John Crane, Inc. (Giaquinto, Michael)
May 30, 2013 Filing 7 CERTIFICATE of Interested Parties filed by Defendant Metalclad Insulation Corporation, (Vaudreuil, Courtney)
May 30, 2013 Filing 6 ANSWER to Notice of Removal,, #1 Defendant Metalclad Insulation Corporation's Answer to Plaintiffs' Complaint for Personal Injury; Demand for Jury Trial filed by Defendant Metalclad Insulation Corporation.(Vaudreuil, Courtney)
May 30, 2013 Filing 5 CERTIFICATE of Interested Parties filed by Defendant Velan Valve Corporation, (Vaudreuil, Courtney)
May 30, 2013 Filing 4 ANSWER to Notice of Removal,, #1 Defendant Velan Valve Corp.'s Answer to Plaintiffs' Complaint for Personal Injury filed by Defendant Velan Valve Corporation.(Vaudreuil, Courtney)
May 30, 2013 Filing 3 CERTIFICATE of Interested Parties filed by Defendant Kelsey-Hayes Company, (Vaudreuil, Courtney)
May 30, 2013 Filing 2 ANSWER to Notice of Removal,, #1 JURY DEMAND. Defendant Kelsey-Hayes Company's Answer to Plaintiffs' Complaint for Personal Injury; Demand for Jury Trial filed by Defendant Kelsey-Hayes Company.(Vaudreuil, Courtney)
May 23, 2013 Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(car)
May 23, 2013 Filing 8 CERTIFICATION of Interested Parties filed by Defendant Crane Co., identifying Other Affiliate The Crane Fund for Crane Co. (car) (mg).
May 23, 2013 Filing 1 NOTICE OF REMOVAL from Superior Court State of CA County of Los Angeles, case number BC507323 with Conformed copy of summons and complaint. Case assigned to Judge Audrey B. Collins, Discovery to Magistrate Judge Margaret A Nagle. (Filing fee $ 400 PAID), filed by Defendant Crane Co.(car) (Additional attachment(s) added on 5/30/2013: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9.1, #9 Part 9.2, #10 Notice of Assignment, #11 Civil Cover Sheet) (mg).

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Search for this case: Johnny Ray Penegar Jr et al v. 3M Bondo Corporation et al
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Defendant: Pneumo-Abex, LLC
Represented By: Salin Ebrahamian
Represented By: Jennifer Judin
Represented By: Anosheh A Hormozyari
Represented By: Kelvin Timothy Wyles
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Defendant: Triple A Machine Shop, Inc.
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Defendant: Spirax Sarco, Inc.
Represented By: Nathan T Newman
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Defendant: NMBFIL, Inc.
Represented By: Nathan T Newman
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Defendant: Volvo Group North America, Inc.
Represented By: James J Ostertag
Represented By: Paul Lannus
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Defendant: Crane Co.
Represented By: Angelo L Primas, Jr
Represented By: Geoffrey M Davis
Represented By: Stephen P Farkas
Represented By: Travis A Bustamante
Represented By: Daniel Scott Hurwitz
Represented By: Bradley W Gunning
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Defendant: Parker Hannifin Corporation
Represented By: Leonard M Tavera
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Defendant: Ford Motor Company
Represented By: Paul Christopher White, II
Represented By: Rebecca Kim
Represented By: Steven D Smelser
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Defendant: Metalclad Insulation Corporation
Represented By: Courtney E Vaudreuil
Represented By: Bradford J DeJardin
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Defendant: Air & Liquid Systems Corporation
Represented By: John F Hughes
Represented By: Glen R Powell
Represented By: Christopher D Strunk
Represented By: Richard R Ames
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Defendant: Detroit Diesel Corporation
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Defendant: Kelsey-Hayes Company
Represented By: Courtney E Vaudreuil
Represented By: Stephen M Nichols
Represented By: Joseph L Greenslade
Represented By: Bradford J DeJardin
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Defendant: Tube City IMS Corp.
Represented By: Philip J Bonoli
Represented By: Charles E Osthimer, III
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Defendant: Owens-Illinois, Inc.
Represented By: Yakov Paul Wiegmann
Represented By: James A Rapore
Represented By: Eliot S Jubelirer
Represented By: Renee C Kelley
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Defendant: General Electric Company
Represented By: Katherine Paige Gardiner
Represented By: Derek S Johnson
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Defendant: Dana Companies LLC
Represented By: Stephen M Nichols
Represented By: Joseph L Greenslade
Represented By: Courtney E Vaudreuil
Represented By: Bradford J DeJardin
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Defendant: Toyota Motor Corporation
Represented By: Charles S Park
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Defendant: Hill Brothers Chemical Company
Represented By: Patricia Kantor Conway
Represented By: Malcolm D Donaldson
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Defendant: Genuine Parts Company
Represented By: Russell W Schatz, Jr
Represented By: Howard D Ruddell
Represented By: Timothy C Pieper
Represented By: David A Rawi
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Defendant: Does 1-6000, inclusive
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Defendant: Edelbrock Corporation
Represented By: Carla Lynn Crochet
Represented By: Arpi Galfayan
Represented By: Jeremy David Milbrodt
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Defendant: Toyota Motor Sales, U.S.A, Inc.
Represented By: James C Parker
Represented By: Edward R Hugo
Represented By: Randall K Bernard
Represented By: Charles S Park
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Defendant: The Goodyear Tire and Rubber Company
Represented By: Elan N Stone
Represented By: Perris A Kelly
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Defendant: Crown Cork & Seal Company, Inc.
Represented By: Dean A Olson
Represented By: Arabelle Aportadera-Torres
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Defendant: The William Powell Company
Represented By: Douglas G Wah
Represented By: Arturo E Sandoval
Represented By: Khaled Taqi-Eddin
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Defendant: Volvo Trucks North America
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Defendant: Mack Trucks, Inc.
Represented By: Edward Martinovich
Represented By: James J Ostertag
Represented By: Paul Lannus
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Defendant: Armstrong International, Inc.
Represented By: Sonja E Blomquist
Represented By: Vernice Trina Louie
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Defendant: Jerguson Gage & Valve Company
Represented By: Nathan T Newman
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Defendant: Honeywell International, Inc.
Represented By: David R Ongaro
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Defendant: Maremont Corporation
Represented By: Edward M Slaughter
Represented By: Michael B Giaquinto
Represented By: Macy M Chan
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Defendant: DAP, Inc.
Represented By: Lisa A Corman
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Defendant: John Crane, Inc.
Represented By: Robert E Thackston
Represented By: Claire C Weglarz
Represented By: Julia A Gowin
Represented By: Jason J Irvin
Represented By: Michael B Giaquinto
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Defendant: International Truck and Engine Corporation
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Defendant: Georgia-Pacific LLC
Represented By: David Q McClure
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Defendant: Dowman Products, Inc.
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Defendant: CLA-VAL Co.
Represented By: Erica M Sorosky
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Defendant: Cummins, Inc.
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Defendant: Flowserve (US), Inc.
Represented By: Daniel J Kelly
Represented By: Anthony Dean Brosamle
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Defendant: SYD Carpenter Marine Contractor, Inc.
Represented By: Carla Lynn Crochet
Represented By: Arpi Galfayan
Represented By: Jeremy David Milbrodt
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Defendant: 3M Bondo Corporation
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Defendant: Domco Products Texas, L.P.
Represented By: Thomas Jeffrey Moses
Represented By: Charles S Park
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Defendant: Viad Corporation
Represented By: Anna K Milunas
Represented By: Peter B Langbord
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Defendant: Fraser's Boiler Service, Inc.
Represented By: Previn A Wick
Represented By: Kathleen B Friend
Represented By: Howard D Ruddell
Represented By: Ketul D Patel
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Defendant: Caterpillar, Inc.
Represented By: Marla Talina Almazan
Represented By: Craig R Maki
Represented By: Alan Scott Goldberg
Represented By: Jeffrey W Deane
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Defendant: Daimler Trucks North America, LLC
Represented By: Philip J Bonoli
Represented By: Charles E Osthimer, III
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Defendant: Foster Wheeler Energy Corporation
Represented By: Charles S Park
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Defendant: FMC Corporation
Represented By: Russell W Schatz, Jr
Represented By: Kimberly Lynn Rivera
Represented By: Kevin D Jamison
Represented By: Ketul D Patel
Represented By: Rochelle R Ileto
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Defendant: ITT Corporation
Represented By: Jeremy David Milbrodt
Represented By: Kenneth B Prindle
Represented By: Arpi Galfayan
Represented By: Carla Lynn Crochet
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Defendant: Arvinmeritor, Inc.
Represented By: Edward M Slaughter
Represented By: Stephanie L Bowlby
Represented By: Michael B Giaquinto
Represented By: Macy M Chan
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Defendant: Haldex Brake Products Corporation
Represented By: John P Katerndahl
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Defendant: Norfolk Southern Corporation
Represented By: Erica L Rosasco
Represented By: Barry L Loftus
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Defendant: Kaiser Gypsum Company, Inc.
Represented By: Lara M Kruska
Represented By: Hans Christian N Ruschke
Represented By: Kelvin Timothy Wyles
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Defendant: Weir Valves & Controls USA, Inc.
Represented By: Mark S Kannett
Represented By: Emily D Bergstrom
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Defendant: Goulds Pumps, Inc.
Represented By: Glen R Powell
Represented By: G. Jeff Coons
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Defendant: Warren Pumps, LLC
Represented By: John F Hughes
Represented By: Glen R Powell
Represented By: Michael J Pietrykowski
Represented By: Richard R Ames
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Defendant: Velan Valve Corporation
Represented By: Courtney E Vaudreuil
Represented By: Travis W Martin
Represented By: Bradford J DeJardin
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Defendant: Borg-Warner Morse Tec, Inc.
Represented By: Jerry C Popovich
Represented By: Jacqueline Vu
Represented By: Luis Alfonso Barba
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Defendant: Eaton Corporation
Represented By: Danielle Ochi Renzi
Represented By: Robert H Baronian
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Defendant: Kentile Floors, Inc.
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Defendant: CBS Corporation
Represented By: Kimberly Lynn Rivera
Represented By: Kevin D Jamison
Represented By: Ketul D Patel
Represented By: Rochelle R Ileto
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Defendant: IMO Industries, Inc.
Represented By: Lisa K Rauch
Represented By: Justin M Tafe
Represented By: Bobbie Rae Bailey
Represented By: Karleen Frances Murphy
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Defendant: Navistar, Inc.
Represented By: Edward Martinovich
Represented By: Paul Lannus
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Defendant: Genuine Parts Company d/b/a National Automotive Parts Association, Inc. a/k/a NAPA and Rayloc, a division of NAPA
Represented By: Russell W Schatz, Jr
Represented By: Howard D Ruddell
Represented By: Timothy C Pieper
Represented By: David A Rawi
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Defendant: Tube City IMS Corp. sued individually and as successor-in-interest to and d/b/a Neoax, Inc., Diamond T, and White Motor Co.
Represented By: Philip J Bonoli
Represented By: Charles E Osthimer, III
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Defendant: NMBFIL, Inc. d/b/a Bondo Corporation
Represented By: Nathan T Newman
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Defendant: ITT Industries, Inc.
Represented By: Jeremy David Milbrodt
Represented By: Kenneth B Prindle
Represented By: Arpi Galfayan
Represented By: Carla Lynn Crochet
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Plaintiff: Carra Jane Penegar
Represented By: H W Trey Jones
Represented By: Crystal Marsh
Represented By: Mark D Bratt
Represented By: Case A Dam
Represented By: Tenny Mirzayan
Represented By: Alexandra Shef
Represented By: Stephanie M Taylor
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Plaintiff: Johnny Ray Penegar, Jr.
Represented By: H W Trey Jones
Represented By: Crystal Marsh
Represented By: Mark D Bratt
Represented By: Case A Dam
Represented By: Tenny Mirzayan
Represented By: Alexandra Shef
Represented By: Stephanie M Taylor
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