Sarjeant et al v. City of Long Beach et al
| James Sarjeant and Lucretia Sarjeant |
| ALLIED FLUID PRODUCTS CORP., formerly known as ALLIED PACKING & SUPPLY, INC., KM Industries Holding Co., Inc., formerly known as Kelly-Moore Paint Company, Inc., Owl Companies, individually and as parent, alter-ego-equitable trustee, joint venture, and as succesoor-in-interest to Smith-Amelco and Owl Constuctors, formerly known as HC. Smith Construction Co., Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania, Foster Wheeler LLC, City of Long Beach, ALLIED PACKING & SUPPLY, INC., Amelco Corporation, Amelco Industries, American President Lines, LLC, Basco Drywall & Painting Co., DAP, Inc., Diners Club International Ltd., Flacksgroup LLC, sued individually, as alter-ego of, and as successor-in-interest to Kelly-Moore Paint Company, Inc., General Electric Company, Grinnell LLC, Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc., Hill Brothers Chemical Company, IMO Industries Inc., individually anda s successor-in-interest, parent, alter ego, and equitable trustee of DeLaval Steam Turbine Co., Kaiser Gypsum Company,, Inc., Kelly-Moore Pain Company, Inc., Kelly-Moore Paint Company, Inc., Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation, HC. Smith Construction Co., ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania, Pfizer Inc., Syd Carpenter, Marine Contractor, Inc., Vanderbilt Minerals, LLC, sued individually, as alter-ego of, and as successor-in-interest to R.T. Vanderbilt Company, Inc. and International Talc Company, Inc. and HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC. |
| 3:2024cv01216 |
| February 28, 2024 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Donna M Ryu |
| Kandis A Westmore |
| P.I. : Asbestos |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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| Filing 134 OPPOSITION/RESPONSE (re #119 MOTION to Dismiss Prayer for Loss of Consortium and Punitive Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6) ) PLAINTIFFS OPPOSITION TO DEFENDANT AMERICAN PRESIDENT LINES LLCS MOTION TO DISMISS PRAYER FOR LOSS OF CONSORTIUM AND PUNITIVE DAMAGES with Certificate of Service filed byJames Sarjeant, Lucretia Sarjeant. (Barrow, Brian) (Filed on 4/26/2024) |
| Filing 133 REPLY (re #105 MOTION to Dismiss Plaintiff's First, Second and Fifth Cause of Action ) filed byHONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC.. (Hampton, Angela) (Filed on 4/26/2024) |
| Filing 132 ASSOCIATION of Counsel for Medical Discovery by HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC.. (Hampton, Angela) (Filed on 4/25/2024) |
| Filing 131 ANSWER to Amended Complaint And Demand for Jury Trial by City of Long Beach. (Olson, Dean) (Filed on 4/24/2024) |
Filing 130
Order by Judge Vince Chhabria granting #129 Motion for Pro Hac Vice as to William Bickel. (bxs, COURT STAFF) (Filed on 4/23/2024)
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| Filing 129 MOTION for leave to appear in Pro Hac Vice of William W. Bickel ( Filing fee $ 328, receipt number ACANDC-19346267.) Filing fee previously paid on 4/23/2024 filed by Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Bickel, William) (Filed on 4/23/2024) |
| Filing 128 NOTICE of Appearance by George H. Irwin (Irwin, George) (Filed on 4/23/2024) |
| Filing 127 MOTION for leave to appear in Pro Hac Vice of William W. Bickel ( Filing fee $ 328, receipt number ACANDC-19346267.) filed by Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Bickel, William) (Filed on 4/23/2024) |
| Filing 126 OPPOSITION/RESPONSE (re #105 MOTION to Dismiss Plaintiff's First, Second and Fifth Cause of Action ) PLAINTIFFS OPPOSITION TO DEFENDANT HONEYWELL INTERNATIONAL INC., F/K/A ALLIEDSIGNAL INC., SUCCESSOR IN INTEREST TO THE BENDIX CORPORATION, AND HONEYWELL INC.S MOTION TO DISMISS PLAINTIFFS FIRST, SECOND, AND FIFTH CAUSES OF ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6), with Certificate of Service filed byJames Sarjeant, Lucretia Sarjeant. (Barrow, Brian) (Filed on 4/19/2024) |
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Filing 125
Order by Judge Vince Chhabria granting #104 Motion to Withdraw as Attorney. (bxs, COURT STAFF) (Filed on 4/19/2024)
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| Filing 124 Answer to Amended Complaint #84 Amended Complaint by Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc.. (Van, Adrian) (Filed on 4/17/2024) |
| Filing 123 CLERK'S NOTICE CONTINUING MOTION HEARING AND CLARIFYING BRIEFING SCHEDULE RE #119 . Replies due by 5/3/2024. #119 MOTION to Dismiss Prayer for Loss of Consortium and Punitive Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6) Hearing set for 5/9/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 4/17/2024) |
| Filing 122 CLERK'S NOTICE CONTINUING 4/18/2024 HEARING. #104 MOTION to Withdraw as Attorney for Kelly-Moore Paint Company, Inc. Hearing reset to 5/2/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 4/15/2024) |
| Filing 121 Notice of Reference and Order re: Discovery Procedures. Signed by Chief Magistrate Judge Donna M. Ryu on 4/15/2024. (dmrlc1, COURT STAFF) (Filed on 4/15/2024) |
| Filing 120 CLERK'S NOTICE RE #119 . #119 MOTION to Dismiss Prayer for Loss of Consortium and Punitive Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6) Hearing set for 5/2/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 4/12/2024) |
| Filing 119 MOTION to Dismiss Prayer for Loss of Consortium and Punitive Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by American President Lines, LLC. Motion to Dismiss Hearing set for 5/2/2024 10:00 AM in Oakland, Courtroom 4, 3rd Floor. Responses due by 4/26/2024. (Attachments: #1 Memorandum of Points and Authorities in Support of American President Lines LLC's Motion to Dismiss Prayer for Loss of Consortium and Punitive Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6), #2 Declaration of Kimberly Solomon in Support of American President Lines LLC's Motion to Dismiss Plaintiff's Prayer for Loss of Consortium and Punitive Damages, Pursuant to Federal Rule fo Civil Procedure 12(b)(6), #3 Proposed Order Granting American President Lines LLC's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(Solomon, Kimberly) (Filed on 4/12/2024) |
| Filing 118 ANSWER to Amended Complaint by Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania. (Cronin, Justin) (Filed on 4/12/2024) |
| Filing 117 REPLY (re #83 MOTION to Dismiss for Lack of Jurisdiction ) filed byVanderbilt Minerals, LLC, sued individually, as alter-ego of, and as successor-in-interest to R.T. Vanderbilt Company, Inc. and International Talc Company, Inc.. (Attachments: #1 Declaration)(Lodmer, Zachary) (Filed on 4/12/2024) |
| Filing 116 ANSWER to Amended Complaint by General Electric Company. (Johnson, Derek) (Filed on 4/11/2024) |
| Filing 115 ANSWER to Amended Complaint by IMO Industries Inc., individually anda s successor-in-interest, parent, alter ego, and equitable trustee of DeLaval Steam Turbine Co.. (Bailey, Bobbie) (Filed on 4/11/2024) |
| Filing 114 Defendant Foster Wheeler LLC's ANSWER to Amended Complaint for Personal Injuries and Loss of Consortium by Foster Wheeler LLC. (Bugatto, Robert) (Filed on 4/11/2024) |
| Filing 112 ANSWER to Amended Complaint (Plaintiffs First Amended Complaint For Personal Injuries and Loss of Consortium) by Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation. (Hoye, Daniel) (Filed on 4/5/2024) |
| Filing 111 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amelco Corporation.. (Katerndahl, John) (Filed on 4/5/2024) |
| Filing 110 Answer to Amended Complaint DEFENDANT DINERS CLUB INTERNATIONAL LTDS ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT FOR WRONGFUL DEATH AND SURVIVOR ACTION; NEGLIGENCE; BREACH OF EXPRESS AND IMPLIED WARRANTIES; STRICT LIABILITY; PREMISES OWNER/CONTRACTOR LIABILITY DEMAND FOR JURY TRIAL by Diners Club International Ltd.. (Brosamle, Anthony) (Filed on 4/5/2024) |
| Filing 109 OPPOSITION/RESPONSE (re #83 MOTION to Dismiss for Lack of Jurisdiction ) PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT VANDERBILT MINERALS, LLCS MOTION TO DISMISS UNDER RULE 12(B)(2) FOR LACK OF PERSONAL JURISDICTION; DECLARATION OF JAMES SARJEANT IN OPPOSITION TO DEFENDANT VANDERBILT MINERALS, LLCS MOTION TO DISMISS UNDER RULE 12(B)(2) FOR LACK OF PERSONAL JURISDICTION filed byJames Sarjeant, Lucretia Sarjeant. (Attachments: #1 Declaration Declaration of James Sarjeant)(Stewart, Michael) (Filed on 4/5/2024) |
| Filing 108 ANSWER to Amended Complaint by Hill Brothers Chemical Company. (West, Colin) (Filed on 4/5/2024) |
| Filing 107 ANSWER to Amended Complaint by Grinnell LLC. (Ulloa, Edward) (Filed on 4/5/2024) |
| Filing 106 ANSWER to Amended Complaint by Intervenors Hartford Accident and Indemnity Company et al., insurers of Defendant Syd Carpenter, Marine Contractor, Inc., a suspended California corporation by Syd Carpenter, Marine Contractor, Inc.. (Attachments: #1 Exhibit A)(Galfayan, Arpi) (Filed on 4/5/2024) |
| Filing 105 MOTION to Dismiss Plaintiff's First, Second and Fifth Cause of Action filed by HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC.. Motion to Dismiss Hearing set for 5/2/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 4/19/2024. Replies due by 4/26/2024. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration Declaration of Angela M. Hampton, #3 Exhibit Declaration Exhibit A - Plaintiffs First Amended Complaint (Part 1 of 2), #4 Exhibit Declaration Exhibit A - Plaintiffs First Amended Complaint (Part 2 of 2))(Ongaro, David) (Filed on 4/5/2024) |
| Filing 113 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 4/4/2024. CASE REFERRED to randomly assigned Magistrate Judge for Discovery purposes. Court granted #87 Ex Parte Application. Court ordered preservation deposition to begin no later than 4/25. Discovery can go forward as to all parties. Initial disclosures due by 5/1. #45 Motion to Dismiss; #74 Motion to Dismiss are terminated as moot pursuant to dkt. #84 . Court granted oral request to shorten time for pending Motions to Dismiss. 5/31/2024 Case Management Conference to remain as set. Stipulated or competing proposed schedules to be included in the CMS. Total Time in Court: 25 minutes. Court Reporter: Hearing recorded via Zoom: 2:08 - 2:33. Plaintiff Attorney: Jennifer Bartlett, Akinyemi Ajayi. Defendant Attorney: Dean Olson (City of Long Beach), Gayle Ketchie, Angela Hampton (Honeywell International Inc.), Tyler Hollingsworth (Allied Fluid Products), Charles Sheldon (General Electric Co.), Jeremy Milbrodt (Syd Carpenter, Marine Contractor, Inc.), Zack Lodmer (Vanderbilt Minerals, LLC), John Katerndhal (Amelco Corporation), Makala Furse (Basco Drywall & Painting, Co.), Adrian Van (The Herrick Corporation), Erin Empting (Paramount Global), Edward Ulloa (Grinnell LLC and Hill Brothers Chemical Company), Daniel Hoye (Metalclad Insulation LLC), Kimberly Solomon (American President Lines LLC), Rob Bugatto (Foster Wheeler), Bobbie Bailey (IMO Industries, Inc.), Anthony Brosamle (Diners Club International Ltd.; DAP, Inc.; Pfizer Inc.). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 4/4/2024) |
| Filing 104 MOTION to Withdraw as Attorney for Kelly-Moore Paint Company, Inc. filed by Kelly-Moore Pain Company, Inc.. Motion Hearing set for 4/18/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 4/17/2024. Replies due by 4/24/2024. (Attachments: #1 Declaration of Amy J. Talarico in support of Kelly-Moore Paint Company, Inc.'s Notice of Motion and Motion to Withdraw as Counsel for Kelly-Moore Paint Company, Inc., #2 Exhibit A to the Declaration of Amy J. Talarico, #3 Exhibit B to the Declaration of Amy J. Talarico, #4 Proposed Order)(Talarico, Amy) (Filed on 4/3/2024) |
| Filing 103 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Diners Club International Ltd... (Brosamle, Anthony) (Filed on 4/3/2024) |
| Filing 102 NOTICE of Appearance by Kimberly Solomon (Solomon, Kimberly) (Filed on 4/2/2024) |
| Filing 101 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Sarjeant, Lucretia Sarjeant.. (Ajayi, Akinyemi) (Filed on 4/2/2024) |
| Filing 100 NOTICE of Change of Address by Andrew Ira Port (Port, Andrew) (Filed on 4/1/2024) |
| Filing 99 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kaiser Gypsum Company,, Inc... (Sharp, Andrew) (Filed on 4/1/2024) |
| Filing 98 Rule 7.1 Disclosures by Kaiser Gypsum Company,, Inc. identifying Corporate Parent Hanson Permanente Cement, Inc. for Kaiser Gypsum Company,, Inc.. (Sharp, Andrew) (Filed on 4/1/2024) |
| Filing 97 NOTICE by Kaiser Gypsum Company,, Inc. NOTICE OF FILING STATE COURT ANSWER TO PLAINTIFFS' COMPLAINT (Sharp, Andrew) (Filed on 4/1/2024) |
| Filing 96 NOTICE of Change of Address by Edward Martinovich (Martinovich, Edward) (Filed on 3/29/2024) |
| Filing 95 NOTICE of Change of Address by Edward R. Hugo for Hugo Parker, LLP (Hugo, Edward) (Filed on 3/29/2024) |
| Filing 94 NOTICE of Appearance by Jeremy David Milbrodt for Intervenors, Hartford Accident and Indemnity Company et al., insurers of Defendant Syd Carpenter, Marine Contractor, Inc., a suspended California corporation (Milbrodt, Jeremy) (Filed on 3/28/2024) |
| Filing 93 NOTICE of Appearance by Jennifer Lynne Bartlett COUNSEL FOR PLAINTIFFS JAMES SARGEANT AND LUCRETIA SARJEANT (Bartlett, Jennifer) (Filed on 3/28/2024) |
| Filing 92 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE 4/4/2024 CMC. Initial Case Management Conference set for 4/4/2024 at 02:00 PM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Monday, April 1, 2024, by no later than 12:00PM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 3/27/2024) |
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Filing 91
ORDER. A case management conference is scheduled in this case for April 4, 2024, at 2pm over Zoom. The parties do not need to file a case management statement, but all parties should be prepared to discuss the plaintiffs pending request for an expedited deposition and a coordinated briefing schedule for upcoming motions to dismiss. Signed by Judge Vince Chhabria on 3/27/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc3, COURT STAFF) (Filed on 3/27/2024)
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| Filing 90 NOTICE of Appearance by Valeria Golodnitska (Golodnitska, Valeria) (Filed on 3/26/2024) |
| Filing 89 NOTICE of Appearance by Kristen L. Chic (Chic, Kristen) (Filed on 3/26/2024) |
| Filing 88 NOTICE of Appearance by Dean A. Olson (Olson, Dean) (Filed on 3/26/2024) |
| Filing 87 Ex Parte Application filed by James Sarjeant, Lucretia Sarjeant. (Attachments: #1 Declaration Declaration of Akinyemi Ajayi, #2 Exhibit 1 - Plaintiffs' Complaint, #3 Exhibit 2 - Plaintiffs' Responses to JD Rogs, #4 Exhibit 3 - James Sarjeant's SS Records, #5 Exhibit 4 - February 21, 2024 letter, #6 Exhibit 5 - Plaintiffs' Responses to DAP Inc.'s written discovery, #7 Exhibit 6 - February 26, 2024 letter, #8 Exhibit 7 - Foster Wheeler's Notice of Removal, #9 Exhibit 8 - meet and confer correspondence re James Sarjeant deposition, #10 Exhibit 9 - meet and confer correspondence re Rule 26(f) conference, #11 Exhibit 10 - Pathology report, #12 Exhibit 11 - Decl. of Judy Schmidt MD, #13 Proposed Order)(Ajayi, Akinyemi) (Filed on 3/25/2024) |
| Filing 86 NOTICE by James Sarjeant, Lucretia Sarjeant re #74 MOTION to Dismiss PLAINTIFFS FIRST, SECOND, AND FOURTH CAUSES OF ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) NOTICE OF FILING FIRST AMENDED COMPLAINT RENDERING DEFENDANT HONEYWELL INTERNATIONAL INC.S MOTION TO DISMISS MOOT (Stewart, Michael) (Filed on 3/22/2024) |
| Filing 85 NOTICE by James Sarjeant, Lucretia Sarjeant re #45 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) NOTICE OF FILING FIRST AMENDED COMPLAINT IN RESPONSE TO DEFENDANT AMERICAN PRESIDENT LINES LLCS MOTION TO DISMISS (Stewart, Michael) (Filed on 3/22/2024) |
| Filing 84 AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND LOSS OF CONSORTIUM; DEMAND FOR JURY TRIAL against All Defendants. Filed by James Sarjeant, Lucretia Sarjeant. (Stewart, Michael) (Filed on 3/22/2024) |
| Filing 83 MOTION to Dismiss for Lack of Jurisdiction filed by Vanderbilt Minerals, LLC, sued individually, as alter-ego of, and as successor-in-interest to R.T. Vanderbilt Company, Inc. and International Talc Company, Inc.. Motion Hearing set for 5/2/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 4/5/2024. Replies due by 4/12/2024. (Attachments: #1 Declaration, #2 Proposed Order)(Lodmer, Zachary) (Filed on 3/22/2024) |
| Filing 82 NOTICE of Appearance by Daniel James Kelly (Kelly, Daniel) (Filed on 3/22/2024) |
| Filing 81 Corporate Disclosure Statement by Amelco Corporation (Katerndahl, John) (Filed on 3/22/2024) |
| Filing 80 NOTICE by Amelco Corporation of Filing State Court Answer (Katerndahl, John) (Filed on 3/22/2024) |
| Filing 79 NOTICE of Appearance by John Paul Katerndahl on Behalf of Amelco Corporation (Katerndahl, John) (Filed on 3/22/2024) |
| Filing 78 NOTICE of Appearance by Anthony Dean Brosamle (Brosamle, Anthony) (Filed on 3/21/2024) |
| Filing 77 Certificate of Interested Entities by Diners Club International Ltd. (Brosamle, Anthony) (Filed on 3/21/2024) |
| Filing 76 ANSWER to Complaint with Jury Demand by Diners Club International Ltd.. (Brosamle, Anthony) (Filed on 3/21/2024) |
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Filing 75
Order by Judge Vince Chhabria granting #61 Stipulation DISMISSING DEFENDANT OWL COMPANIES. (bxs, COURT STAFF) (Filed on 3/21/2024)
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| Filing 74 MOTION to Dismiss PLAINTIFFS FIRST, SECOND, AND FOURTH CAUSES OF ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC.. Motion to Dismiss Hearing set for 5/2/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Angela Hampton, #3 Exhibit A - Plaintiffs' Complaint, #4 Exhibit B - Plaintiffs' Doe Amendment, #5 Exhibit C - Honeywell's Meet and Confer Letter)(Hampton, Angela) (Filed on 3/20/2024) |
| Filing 73 Certificate of Interested Entities by Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc. identifying Other Affiliate The Herrick Corporation for Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc.. (Idemundia, Benedict) (Filed on 3/19/2024) |
| Filing 72 NOTICE by Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc. of Refiling Its State Court Answer to Complaint for Damages (Idemundia, Benedict) (Filed on 3/19/2024) |
| Filing 71 NOTICE of Appearance by Benedict Ehigie Idemundia , Kevin R. SUtherland, and Adrian Van of Clyde & Co US LLP as counsel for defendant The Herrick Corporation (Idemundia, Benedict) (Filed on 3/19/2024) |
| Filing 70 ANSWER to Complaint with JURY DEMAND by Basco Drywall & Painting Co.. (Furse, Makala) (Filed on 3/18/2024) |
| Filing 69 NOTICE of Appearance by Makala Furse (Furse, Makala) (Filed on 3/18/2024) |
| Filing 68 NOTICE of Appearance by Jeremy D. Huie (Huie, Jeremy) (Filed on 3/18/2024) |
| Filing 67 NOTICE of Appearance by Akinyemi Ajayi for PLAINTIFFS JAMES SARJEANT AND LUCRETIA SARJEANT (Ajayi, Akinyemi) (Filed on 3/18/2024) |
| Filing 66 CLERK'S NOTICE RE #45 . #45 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) Hearing set for 4/18/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 3/18/2024) |
| Filing 65 Certificate of Interested Entities by Vanderbilt Minerals, LLC, sued individually, as alter-ego of, and as successor-in-interest to R.T. Vanderbilt Company, Inc. and International Talc Company, Inc. (Lodmer, Zachary) (Filed on 3/18/2024) |
| Filing 64 NOTICE by Vanderbilt Minerals, LLC, sued individually, as alter-ego of, and as successor-in-interest to R.T. Vanderbilt Company, Inc. and International Talc Company, Inc. of Filing State Court Motion to Quash Service of Summons and Complaint (Lodmer, Zachary) (Filed on 3/18/2024) |
| Filing 63 NOTICE of Appearance by Zachary Harris Lodmer (Lodmer, Zachary) (Filed on 3/18/2024) |
| Filing 62 NOTICE of Appearance by Heather Lynn Weakley (Weakley, Heather) (Filed on 3/18/2024) |
| Filing 61 STIPULATION WITH PROPOSED ORDER DISMISSING DEFENDANT OWL COMPANIES filed by Owl Companies, individually and as parent, alter-ego-equitable trustee, joint venture, and as succesoor-in-interest to Smith-Amelco and Owl Constuctors, formerly known as HC. Smith Construction Co.. (Attachments: #1 Proposed Order [PROPOSED] ORDER DISMISSING ACTION WITHOUT PREJUDICE AS TO DEFENDANT OWL COMPANIES)(Berkes, Robert) (Filed on 3/15/2024) |
| Filing 60 NOTICE of Appearance by Robert Harvey Berkes for Defendant Owl Companies (Berkes, Robert) (Filed on 3/15/2024) |
| Filing 59 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ALLIED FLUID PRODUCTS CORP., formerly known as ALLIED PACKING & SUPPLY, INC... (Cordery, Theodore) (Filed on 3/14/2024) |
| Filing 58 NOTICE of Appearance by Nicolas Peter Martin HONEYWELL INTERNATIONAL INC., F/K/A ALLIEDSIGNAL INC., SUCCESSOR-IN-INTEREST TO THE BENDIX CORPORATION, AND HONEYWELL INC.S NOTICE OF APPEARANCE OF KENDRA L. TIETJEN (Martin, Nicolas) (Filed on 3/14/2024) |
| Filing 57 NOTICE of Appearance by Nicolas Peter Martin HONEYWELL INTERNATIONAL INC., F/K/A ALLIEDSIGNAL INC., SUCCESSOR-IN-INTEREST TO THE BENDIX CORPORATION, AND HONEYWELL INC.S NOTICE OF APPEARANCE OF NICOLAS P. MARTIN (Martin, Nicolas) (Filed on 3/14/2024) |
| Filing 56 Certificate of Interested Entities by Syd Carpenter, Marine Contractor, Inc. identifying Corporate Parent Fireman's Fund Insurance Company, Corporate Parent Argonaut Insurance Company, Corporate Parent Zurich American Insurance Company, Corporate Parent Hartford Accident and Indemnity Compnay, Corporate Parent Hartford Casualty Insurance Company for Syd Carpenter, Marine Contractor, Inc.. Intervenors Hartford Accident and Indemnity Company et al., insurers of Defendant Syd Carpenter, Marine Contractor, Inc., a suspended California corporation (Galfayan, Arpi) (Filed on 3/13/2024) |
| Filing 55 NOTICE by Syd Carpenter, Marine Contractor, Inc. Intervenors Hartford Accident and Indemnity Company et al., insurers of Defendant Syd Carpenter, Marine Contractor, Inc., a suspended California corporation, of Filing State Court Answer (Galfayan, Arpi) (Filed on 3/13/2024) |
| Filing 54 DEMAND for Trial by Jury by HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC.. (Ongaro, David) (Filed on 3/13/2024) |
| Filing 53 Corporate Disclosure Statement by HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC. (Ongaro, David) (Filed on 3/13/2024) |
| Filing 52 NOTICE of Appearance by David Raymond Ongaro , Angela M. Hampton (Ongaro, David) (Filed on 3/13/2024) |
| Filing 51 NOTICE of Appearance by David Raymond Ongaro , Kirsten McNelly Bibbes (Ongaro, David) (Filed on 3/13/2024) |
| Filing 50 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal Inc., Successor-In-Interest to The Bendix Corporation, and HONEYWELL INC... (Ongaro, David) (Filed on 3/13/2024) |
| Filing 49 NOTICE of Appearance by David Raymond Ongaro (Ongaro, David) (Filed on 3/13/2024) |
| Filing 48 NOTICE by ALLIED FLUID PRODUCTS CORP., formerly known as ALLIED PACKING & SUPPLY, INC. 'S FILING STATE COURT ANSWER TO COMPLAINT FOR DAMAGES (Cordery, Theodore) (Filed on 3/11/2024) |
| Filing 47 Certificate of Interested Entities by ALLIED FLUID PRODUCTS CORP., formerly known as ALLIED PACKING & SUPPLY, INC. (Cordery, Theodore) (Filed on 3/11/2024) |
| Filing 46 NOTICE of Appearance by Theodore Thomas Cordery (Cordery, Theodore) (Filed on 3/11/2024) |
| Filing 45 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by American President Lines, LLC. Motion to Dismiss Hearing set for 4/18/2024 01:30 PM in Oakland, - To be determined. Responses due by 3/22/2024. Replies due by 3/29/2024. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of Andrew I. Port in Support of Motion to Dismiss, #3 Exhibit A to Declaration of Andrew I. Port, #4 Exhibit B to Declaration of Andrew I. Port, #5 Proposed Order Granting Motion to Dismiss)(Port, Andrew) (Filed on 3/8/2024) |
| Filing 44 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by General Electric Company.. (Johnson, Derek) (Filed on 3/8/2024) |
| Filing 43 NOTICE of Appearance by Bobbie Rae Bailey (Bailey, Bobbie) (Filed on 3/7/2024) |
| Filing 42 Certificate of Interested Entities by IMO Industries Inc., individually anda s successor-in-interest, parent, alter ego, and equitable trustee of DeLaval Steam Turbine Co. identifying Corporate Parent Imo Holdings, Inc, Corporate Parent ESAB Corporation for IMO Industries Inc., individually anda s successor-in-interest, parent, alter ego, and equitable trustee of DeLaval Steam Turbine Co.. (Bailey, Bobbie) (Filed on 3/7/2024) |
| Filing 41 NOTICE by IMO Industries Inc., individually anda s successor-in-interest, parent, alter ego, and equitable trustee of DeLaval Steam Turbine Co. of filing of State Court Answer to Complaint (Bailey, Bobbie) (Filed on 3/7/2024) |
| Filing 40 NOTICE of Appearance by Justin Finnell Cronin on behalf of Defendant Paramount Global (Cronin, Justin) (Filed on 3/6/2024) |
| Filing 39 NOTICE of Appearance by Erin Nicole Empting on behalf of Defendant Paramount Global (Empting, Erin) (Filed on 3/6/2024) |
| Filing 38 Certificate of Interested Entities by Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania identifying Corporate Parent Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania, Other Affiliate National Amusements, Inc., Other Affiliate Berkshire Hathaway,Inc. for Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania. (Jamison, Kevin) (Filed on 3/6/2024) |
| Filing 37 NOTICE of Appearance by Kevin Douglas Jamison on behalf of Defendant Paramount Global (Jamison, Kevin) (Filed on 3/6/2024) |
| Filing 36 NOTICE by Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania of Filing State Court Answer and Demand for Jury Trial (Jamison, Kevin) (Filed on 3/6/2024) |
| Filing 35 NOTICE of Appearance by Katherine Paige Gardiner on behalf of Defendant General Electric Company (Gardiner, Katherine) (Filed on 3/6/2024) |
| Filing 34 NOTICE of Appearance by Charles T. Sheldon on behalf of Defendant General Electric Company (Sheldon, Charles) (Filed on 3/6/2024) |
| Filing 33 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 3/6/2024) |
| Filing 32 NOTICE by General Electric Company of Refilling of its State Answer (Johnson, Derek) (Filed on 3/6/2024) |
| Filing 31 NOTICE of Appearance by Derek S. Johnson on behalf of Defendant General Electric Company (Johnson, Derek) (Filed on 3/6/2024) |
| Filing 30 NOTICE of Appearance by Colin C. West as counsel for Hill Brothers Chemical Company (West, Colin) (Filed on 3/6/2024) |
| Filing 29 Certificate of Interested Entities by Hill Brothers Chemical Company (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 28 Corporate Disclosure Statement by Hill Brothers Chemical Company (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 27 NOTICE by Hill Brothers Chemical Company of filing of State Court Answer to Complaint (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 26 NOTICE of Appearance by Amy Jo Talarico as counsel for Hill Brothers Chemical Company (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 25 NOTICE of Appearance by Joseph Duffy as counsel for Hill Brothers Chemical Company (Duffy, Joseph) (Filed on 3/6/2024) |
| Filing 24 Certificate of Interested Entities by Grinnell LLC identifying Corporate Parent Johnson Controls plc, Other Affiliate Tyco International plc for Grinnell LLC. (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 23 Corporate Disclosure Statement by Grinnell LLC identifying Corporate Parent Johnson Controls plc, Other Affiliate Tyco International plc for Grinnell LLC. (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 22 NOTICE by Grinnell LLC of filing of State Court Answer to Complaint (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 21 NOTICE of Appearance by Amy Jo Talarico as counsel for Grinnell LLC (Talarico, Amy) (Filed on 3/6/2024) |
| Filing 20 NOTICE of Appearance by Edward Richard Ulloa as counsel for Grinnell LLC (Ulloa, Edward) (Filed on 3/6/2024) |
| Filing 19 NOTICE of Appearance by Joseph Duffy as counsel for Grinnell LLC (Duffy, Joseph) (Filed on 3/6/2024) |
| Filing 18 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 5/24/2024. Initial Case Management Conference set for 5/31/2024 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, May 24th, 2024, by no later than 12:00PM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 3/5/2024) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation.. (Hoye, Daniel) (Filed on 3/4/2024) |
| Filing 16 Certificate of Interested Entities by Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation identifying Other Affiliate ENTRX LLC (Holding Company), Other Affiliate Central National Insurance Company (ACE Group), Other Affiliate Industrial Underwriters (ACE Group), Other Affiliate Motor Vehicle Insurance Company (ACE Group), Other Affiliate Hartford Fire Insurance Company (Hartford Group), Other Affiliate Hartford Accident and Indemnity Company (Hartford Group), Other Affiliate First State Insurance Company (Hartford Group), Other Affiliate Continental Casualty Company (CNA Group), Other Affiliate Harbor Insurance Company (CNA Group), Other Affiliate Northbrook Insurance Company (Allstate), Other Affiliate Granite State Insurance Company (AIG Group), Other Affiliate National Union Fire Insurance Company of Pittsburgh, PA (AIG Group), Other Affiliate American Home Insurance Company (AIG Group), Other Affiliate Transport Case Insurance Company, Other Affiliate American Motorist Insurance Company, in liquidation (Chubb Group). for Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation. (Hoye, Daniel) (Filed on 3/4/2024) |
| Filing 15 NOTICE by Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation Of Re-Filing State Court Answer To Complaint (Hoye, Daniel) (Filed on 3/4/2024) |
| Filing 14 NOTICE of Appearance by Daniel B. Hoye Lisa L. Oberg and Paul D. Smith (Hoye, Daniel) (Filed on 3/4/2024) |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore 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 The Clerk on 03/4/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(wsm, COURT STAFF) (Filed on 3/4/2024)
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| Filing 12 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. (wft, COURT STAFF) (Filed on 3/1/2024) |
| Filing 11 NOTICE by Foster Wheeler LLC NOTICE OF INITIAL CASE MANAGEMENT ORDER (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 10 CERTIFICATE OF SERVICE by Foster Wheeler LLC re #8 Consent/Declination to Proceed Before a US Magistrate Judge, #7 Answer to Complaint (Notice of Removal), #6 Notice of Appearance, #9 Certificate of Interested Entities (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 9 Certificate of Interested Entities by Foster Wheeler LLC identifying Corporate Parent FOSTER WHEELER LLC for Foster Wheeler LLC. (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Foster Wheeler LLC.. (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 7 ANSWER to Complaint (Notice of Removal) FOR PERSONAL INJURIES AND LOSS OF CONSORTIUM by Foster Wheeler LLC. (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 6 NOTICE of Appearance by Edward R. Hugo DEFENDANT FOSTER WHEELER (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 5 NOTICE of Appearance by Michael Thomas Stewart with proof of service (Stewart, Michael) (Filed on 2/29/2024) |
| Filing 4 Notice of Additional Parties: the following parties are listed on #1 Notice of Removal, and have been added to this case: City of Long Beach, ALLIED FLUID PRODUCTS CORP., formerly known as ALLIED PACKING & SUPPLY, INC., Amelco Corporation, Amelco Industries, American President Lines, LLC, Basco Drywall & Painting Co., DAP, Inc., Diners Club International Ltd., Flacksgroup LLC, sued individually, as alter-ego of, and as successor-in-interest to Kelly-Moore Paint Company, Inc., General Electric Company, Grinnell LLC, Herrick Steel, Inc., sued individually and as alter-ego, parent, equitable trustee, and joint venture with Techni-Buliders, Inc., Hill Brothers Chemical Company, IMO Industries Inc., individually anda s successor-in-interest, parent, alter ego, and equitable trustee of DeLaval Steam Turbine Co., Kaiser Gypsum Company,, Inc., Kelly-Moore Pain Company, Inc., KM Industries Holding Co., Inc., formerly known as Kelly-Moore Paint Company, Inc., Metalclad Insulation LLC, individually and as successor-in-interest, parent, alter ego and equitable trustee of Metalclad Insulation Corporation, Owl Companies, individually and as parent, alter-ego-equitable trustee, joint venture, and as succesoor-in-interest to Smith-Amelco and Owl Constuctors, formerly known as HC. Smith Construction Co., Paramount Global, formerly known as ViacomCBS, Inc., formerly known as CBS Corporation, a Delaware Corportion, formerly known as Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania, Pfizer Inc., Syd Carpenter, Marine Contractor, Inc. and Vanderbilt Minerals, LLC, sued individually, as alter-ego of, and as successor-in-interest to R.T. Vanderbilt Company, Inc. and International Talc Company, Inc.. (This is a text-only entry.) (Hugo, Edward) (Filed on 2/29/2024) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/21/2024. Initial Case Management Conference set for 5/28/2024 01:30 PM in Oakland, - To be determined. (far, COURT STAFF) (Filed on 2/29/2024) |
| Filing 2 Case assigned to Magistrate Judge Kandis A. Westmore. 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 3/14/2024. (as, COURT STAFF) (Filed on 2/29/2024) |
| #Electronic filing error. ADD ALL DEFENDANTS TO THE DOCKET LISTED IN THE COMPLAINT [err201] Re: #1 Notice of Removal, filed by Foster Wheeler LLC (far, COURT STAFF) (Filed on 2/29/2024) |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is 23CV052439. (Filing fee $405 receipt number ACANDC-19170770). Filed by Foster Wheeler LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Certificate/Proof of Service)(Hugo, Edward) (Filed on 2/28/2024) |
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