Attebury et al v. Air & Liquid Systems Corporation et al
| Ervel Attebury and Lutrecia Attebury |
| Air & Liquid Systems Corporation, Redco Corporation, Velan Valve Corp., Morse Tec LLC, Crown Cork & Seal, NIBCO Inc., Green, Tweed & Co., Union Carbide Corporation, Soco-West, Inc., Fireman's Fund Insurance Company, I.T.T. Industries, Inc., Carrier Corporation, General Electric Company, IMO Industries, Inc., Honeywell International Inc., York International Corporation, Armstrong International Inc., Warren Pumps LLC, Metalclad Insulation LLC, Goulds Pumps, LLC, Weir Valves & Controls USA, Inc., Aurora Pump Company, Goodyear Tire and Rubber Company, Paramount Global, American Employers Insurance Company and FMC Corporation |
| 3:2023cv05012 |
| September 29, 2023 |
| US District Court for the Northern District of California |
| Susan Illston |
| P.I. : Asbestos |
| 28 U.S.C. § 1391 Personal Injury |
| None |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 Certificate of Interested Entities by Warren Pumps LLC identifying Corporate Parent ESAB Corporation for Warren Pumps LLC. (Cunningham, James) (Filed on 11/14/2023) |
| Filing 34 Notice of Filing State Court ANSWER to Complaint (Notice of Removal) by Warren Pumps LLC. (Cunningham, James) (Filed on 11/14/2023) |
| Filing 33 ANSWER to Complaint with Jury Demand by Air & Liquid Systems Corporation. (Powell, Glen) (Filed on 11/8/2023) |
| Filing 32 NOTICE of Voluntary Dismissal without Prejudice by Ervel Attebury, Lutrecia Attebury (Fuchs, Anya) (Filed on 11/7/2023) |
Filing 31
Order by Judge Susan Illston granting (30) Motion to Relate Case in case 3:23-cv-05012-SI.Associated Cases: 3:23-cv-05012-SI, 3:23-cv-05014-VC(ec, COURT STAFF) (Filed on 10/30/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 30 MOTION to Relate Case filed by Air & Liquid Systems Corporation. (Attachments: #1 Declaration Declaration of Glen R. Powell, #2 Proposed Order)(Powell, Glen) (Filed on 10/20/2023) |
| Filing 29 INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT. Counsel are reminded that these chambers require courtesy copies to be sent for all Case Managements, Motions and Pretrial Filings.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 12/29/2023. Initial Case Management Conference set for 1/5/2023 02:30 PM in San Francisco, - Videoconference Only. (ec, COURT STAFF) (Filed on 10/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 28
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 10/19/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 10/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 27 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klh, COURT STAFF) (Filed on 10/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| #Electronic filing error.INTERESTED ENTITIES - NAMES NOT ENTEREDNames of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: #21 Certificate of Interested Entities filed by Metalclad Insulation LLC (anj, COURT STAFF) (Filed on 10/19/2023) |
| #Electronic filing error.INTERESTED ENTITIES - NAMES NOT ENTERED Names of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office. Please re-file in its entirety.Re: #25 Certificate of Interested Entities filed by Morse Tec LLC (anj, COURT STAFF) (Filed on 10/19/2023) |
| #Electronic filing error.NOTICE TO COUNSEL: Counsel (Lisa L. Oberg) must file their own Notice of Appearance using their own ECF Profiles to appear on the docket. Please re-file in its entirety. Please re-file in its entirety. Re: #22 Notice of Appearance filed by Metalclad Insulation LLC, #24 Notice of Appearance filed by Morse Tec LLC (anj, COURT STAFF) (Filed on 10/19/2023) |
| Filing 26 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Morse Tec LLC.. (Hoye, Daniel) (Filed on 10/18/2023) |
| Filing 25 Certificate of Interested Entities by Morse Tec LLC (Hoye, Daniel) (Filed on 10/18/2023) |
| Filing 24 NOTICE of Appearance by Daniel B. Hoye for MORSE TEC LLC, f/k/a BorgWarner Morse TEC LLC, as successor-by-merger to Borg-Warner Corporation (Hoye, Daniel) (Filed on 10/18/2023) Modified on 10/19/2023 (anj, COURT STAFF). |
| Filing 23 ANSWER to Complaint with Jury Demand by Morse Tec LLC. (Hoye, Daniel) (Filed on 10/18/2023) Modified on 10/19/2023 (anj, COURT STAFF). |
| Filing 22 NOTICE of Appearance by Daniel B. Hoye FOR METALCLAD INSULATION LLC (Hoye, Daniel) (Filed on 10/18/2023) Modified on 10/19/2023 (anj, COURT STAFF). |
| Filing 21 Certificate of Interested Entities by Metalclad Insulation LLC (Hoye, Daniel) (Filed on 10/18/2023) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Metalclad Insulation LLC.. (Hoye, Daniel) (Filed on 10/18/2023) |
| Filing 19 Notice of Re-filing State Court Answer to Complaint by Metalclad Insulation LLC (Hoye, Daniel) (Filed on 10/18/2023) Modified on 10/19/2023 (anj, COURT STAFF). |
| Filing 18 NOTICE of Appearance by Katherine Paige Gardiner on behalf of Defendant General Electric Company (Gardiner, Katherine) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 17 NOTICE of Appearance on behalf of Defendant General Electric Company by Charles T. Sheldon (Sheldon, Charles) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 16 Notice for Joinder In Air & Liquid Systems Corporations Notice Of Removal Under 28 U.S.C. 1331, 1442(A)(1), And 1446 filed by General Electric Company. (Johnson, Derek) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). Modified on 10/16/2023 (klh, COURT STAFF). *incorrectly filed as a Motion for Joinder. |
| Filing 15 NOTICE of Related Cases by General Electric Company (Johnson, Derek) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 14 Certificate of Interested Entities by General Electric Company identifying Other Affiliate T. Rowe Price Group, Inc., Other Affiliate T. Rowe Price Associates, Inc. for General Electric Company. (Johnson, Derek) (Filed on 10/6/2023) |
| Filing 13 NOTICE of Appearance by Derek S. Johnson on behalf of Defendant General Electric Company (Johnson, Derek) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 12 NOTICE of Appearance on behalf of Defendant FMC Corporation by Francis Dennis Pond (Pond, Francis) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 11 Certificate of Interested Entities by FMC Corporation identifying Other Affiliate The Vanguard Group for FMC Corporation. and Disclosure Statement Pursuant to FRCP 7.1 and Local Rule 3-15 (Gittler, Marissa) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 10 NOTICE of Filing State Court Answer and Demand for Jury Trial by FMC Corporation re #1 Notice of Removal, (Gittler, Marissa) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 9 NOTICE of Appearance by Marissa Kacy Gittler on behalf of Defendant FMC Corporation (Gittler, Marissa) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF). |
| Filing 8 Certificate of Interested Entities by Air & Liquid Systems Corporation identifying Corporate Parent Buffalo Pumps, Inc., Corporate Parent Liberty Mutual, Corporate Parent Air & Liquid Systems Corporation, Corporate Parent Utica National Insurance Group, Corporate Parent Resolute Management Inc., Corporate Parent Fireman's Fund for Air & Liquid Systems Corporation. (Powell, Glen) (Filed on 10/2/2023) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/29/2023. Initial Case Management Conference set for 1/5/2024 02:00 PM in San Francisco, Courtroom C, 15th Floor. (anj, COURT STAFF) (Filed on 10/2/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 6 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/16/2023. (bar, COURT STAFF) (Filed on 10/2/2023) |
| Filing 5 Civil Cover Sheet by Air & Liquid Systems Corporation . (Powell, Glen) (Filed on 10/2/2023) |
| Filing 4 Certificate of Interested Entities by Air & Liquid Systems Corporation identifying Corporate Parent Liberty Mutual, Corporate Parent Air & Liquid Systems Corporation, Corporate Parent Utica National Insurance Group, Corporate Parent Resolute Management Inc., Corporate Parent Fireman's Fund for Air & Liquid Systems Corporation. (Powell, Glen) (Filed on 10/2/2023) |
| #Electronic filing error. Corrected by Clerk's Office. Added Ampco-Pittsburgh Corporation and deleted duplicate entries. No further action is necessary. Re: #8 Certificate of Interested Entities, filed by Air & Liquid Systems Corporation (anj, COURT STAFF) (Filed on 10/2/2023) |
| #Electronic filing error. Buffalo Pumps, Inc is still missing interested parties.All Names of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office. Please re-file in its entirety.Re: 2 Certificate of Interested Entities, filed by Air & Liquid Systems Corporation (anj, COURT STAFF) (Filed on 9/29/2023) Please re-file in its entirety. Re: #5 Civil Cover Sheet filed by Air & Liquid Systems Corporation (anj, COURT STAFF) (Filed on 10/2/2023) (Entered: 10/02/2023) |
| Filing 3 Notice of Additional Parties: the following parties are listed on #1 Notice of Removal, and have been added to this case: Armstrong International Inc., Aurora Pump Company, Carrier Corporation, Crown Cork & Seal, Fireman's Fund Insurance Company, General Electric Company, Goodyear Tire and Rubber Company, Goulds Pumps, LLC, Green, Tweed & Co., Honeywell International Inc., IMO Industries, Inc., I.T.T. Industries, Inc., Metalclad Insulation LLC, Morse Tec LLC, NIBCO Inc., Paramount Global, Redco Corporation, Soco-West, Inc., Union Carbide Corporation, Velan Valve Corp., Warren Pumps LLC, Weir Valves & Controls USA, Inc. and York International Corporation, Redco Corporation, Velan Valve Corp., Morse Tec LLC, Crown Cork & Seal, NIBCO Inc., Green, Tweed & Co., Union Carbide Corporation, Soco-West, Inc., Fireman's Fund Insurance Company, I.T.T. Industries, Inc., Carrier Corporation, General Electric Company, IMO Industries, Inc., Honeywell International Inc., York International Corporation, Armstrong International Inc., Warren Pumps LLC, Metalclad Insulation LLC, Goulds Pumps, LLC, Weir Valves & Controls USA, Inc., Aurora Pump Company, Goodyear Tire and Rubber Company and Paramount Global. (This is a text-only entry.) (Powell, Glen) (Filed on 9/29/2023) |
| Filing 2 Certificate of Interested Entities by Air & Liquid Systems Corporation identifying Corporate Parent Liberty Mutual, Corporate Parent Fireman's Fund, Corporate Parent Resolute Management Inc., Corporate Parent Utica National Insurance Group for Air & Liquid Systems Corporation. (Powell, Glen) (Filed on 9/29/2023) |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is 23CV041058. (Filing fee $402 receipt number ACANDC-18693318). Filed by Air & Liquid Systems Corporation. (Attachments: #1 Civil Cover Sheet)(Powell, Glen) (Filed on 9/29/2023) Modified on 9/29/2023 (anj, COURT STAFF). |
| #Electronic filing error. Not all parties listed in the complaint have been added to the docket. Please add the missing parties using the event Notice of Additional Parties. The event can be found at: Civil Events > Other Filings > Notices > Notice of Additional Parties. Re: #1 Notice of Removal, filed by Air > Liquid Systems Corporation (bar, COURT STAFF) (Filed on 9/29/2023) |
| #Electronic filing error. Missing listed interested entities for (1) AIR & LIQUID SYSTEMS CORPORATION.All Names of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: #2 Certificate of Interested Entities, filed by Air & Liquid Systems Corporation (anj, COURT STAFF) (Filed on 9/29/2023) |
| #Electronic filing error. Incorrect Revision of Civil Cover Sheet used [err201]. Current Revision is JS-CAND 44 (Rev. 10/20). No judge assignment will be made until the document is e-filed. Please complete correct Civil Cover Sheet and e-file an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet. Re: #1 Notice of Removal, filed by Air > Liquid Systems Corporation (bar, COURT STAFF) (Filed on 9/29/2023) |
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