David Martincic, et al v. AO Smith Corp, et al
| BMI REFRACTORY SERVICES INC, SULZER PUMPS SOLUTIONS INC, FKA Ahlstrom Pumps LLC, EICHLEAY CORP, GARDNER DENVER INC, ATWOOD & MORRILL CO INC, DBA Weir Valves & Controls USA Inc, CARRIER CORP, ROBBINS & MYERS INC, SUNDYNE LLC, GENERAL ELECTRIC CO, MCNEIL OHIO CORP, BORGWARNER MORSE TEC, LLC, NOOTER CONSTRUCTION CO, in its own right and as successor-ininterest to Nooter Corporation and John Nooter Boiler Works Company, READING CRANE AND ENGINEERING CO, ROBINSON FANS INC, RESEARCH-COTTRELL INC, NKA AWT Air Company, Inc., SPIRAX SARCO INC, POWER PIPING CO, UNION CARBIDE CORP, CLARK RELIANCE CORP, and its Division Jerguson Gage and Valve, LINTERN CORP, COUNTY OF ALLEGHENY, AECOM ENERGY & CONSTRUCTION INC, FKA URS Energy & Construction, FKA Catalytic Construction Co, BLOOM ENGINEERING CO INC, SANTA FE BRAUN INC, individually and as successor to CF Braun & Co., URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH, ALLEGHENY COUNTY AIRPORT AUTHORITY, WTI RUST HOLDINGS, ELECTROLUX HOME PRODUCTS INC, FKA WCI Outdoor Products Inc, WT HRC CORP, FKA Whiting Corp, MCMASTER CARR SUPPLY, RCH NEW CO II LLC, FKA Robertson Ceco Corp, an alleged successor to H.H. Robertson Company, SEAL & DESIGN HIGBEE INC, RUST ENGINEERING & CONSTRUCTION INC, FKA Treco Construction Services, FKA Rust Engineering Co, AR WIFLEY AND SONS INC, GRINNELL LLC, MCCARLS INC, MORGAN ENGINEERING SYSTEMS INC, BRAND INSULATIONS INC, NOOTER CONSTRUCTION CO LLC, in its own right and as successor-ininterest to Nooter Corporation and John Nooter Boiler Works Company, SIMAKAS CO INC, BRIDGEVILLE AUTO PARTS INC, TRANE US INC, FKA American Standard Corp, FKA American Radiator & Standard Sanitary, in its own right and as Successor to Westinghouse Airbrake and/or WABCO, METROPOLITAN LIFE INSURANCE CO, FKA Metropolitan Insurance Co, ZURN INDUSTRIES, AKA Erie Iron City Works, MET-PRO CORP, and its Dean Pump Brand, DBA Met-Pro Global Pump Solutions, WHEELABRATOR AIR POLLUTION CONTROL INC, MILWAUKEE VALVE CO LLC, HAMWORTHY PEABODY COMBUSTION INC, MOYNO INC, JOY GLOBAL UNDERGROUND MINING LLC, FKA Joy Technologies Inc, TENOVA INC, FKA Tenova Core Inc, FKA Techint Technologies Inc, FKA Core Furnace Systems Corp, APPLIED INDUSTRIAL TECHNOLOGIES INC, ALLIED GLOVE CORP, RESCO HOLDINGS LLC, as successor to the M.W. Kellogg Company, SURFACE COMBUSTION, FLSMIDTH INC, FKA Fuller Co, FLUOR CORP, a/k/a FLUOR CORPORATION, EATON CORP, NKA Eaton Electrical Inc, SUNBEAM PRODUCTS INC, FLUOR ENTERPRISES INC, a/k/a FLUOR CORPORATION, EVOQUA WATER TECHNOLOGIES LLC and IU NORTH AMERICA INC, FKA Gage Co, FKA Pittsburgh Gage and Supply Co |
| AURORA PUMPS, SAUER INC, SWINDELL-DRESSLER INTERNATIONAL CO, BEAZER EAST INC, in its own right and as Successor to Koppers, Co., and other related Companies, including Thiem Corporation, Beazer USA, ,Inc., and Beazer, PLC., EVOQUA WATER TECHNOLOGIES LLC, in its Own right and as successor-in-interest to Wallace & Tiernan, FLSMIDTH INC, as successor-in-interest to Keeler-Dorr-Oliver Boiler Company, FKA Fuller Co, MCWANE INC, INDUCTOTHERM INDUSTRIES INC, REUNION INDUSTRIES INC, NASH ENGINEERING CO, FLOWSERVE UNITED STATES INC, solely as successor to Nordstrom Audco, Edward Valves, Inc., Nordstrom Valves, Inc., and Rockwell Manufacturing Company, FKA Flowserve FSD Corp, Successor to Valtek International, GREENE TWEED & CO, DRAVO CORP, INDUSTRIAL HOLDINGS CORP, FKA Carborundum Corp, DONALD MCKAY SMITH INC, GENUINE PARTS CO, AMETEK INC, ABB INC, as successor to Brown Boveri (Individually and as successor-in-interest to ITE Imperial CO f/k/a ITE CIRCUIT BREAKER COMPAMY), SUNBEAM PRODUCTS INC, as successor-in-interest to Sunbeam Corporation, PLASTICS ENGINEERING CO, WEST END CONTRACTING CORP, FKA Minnotte Contracting Corp, GG OF FLORIDA INC, VIKING PUMP INC, WASHINGTON GROUP INTERNATIONAL INC, FKA Raytheon Engineers & Constructors, and all Its domestic subsidiaries including The Badger Company, Inc., GORMAN RUPP CO, JOHNSON CONTROLS INC, NORTH AMERICAN MANUFACTURING CO, CBS CORP, FKA Viacom Inc, as Successor by Merger to CBS Corp, FKA Westinghouse Electric Corp, CAMERON INTERNATIONAL CORP, FKA Cooper Cameron Corp, EATON CORP, as successor-in-interest to Cutler-Hammer, Inc.,, NKA Eaton Electrical Inc, PFAUDLER INC, YORK INTERNATIONAL CORP, WYETH HOLDINGS CORP, FKA American Cyanamid Co, FLUOR CONSTRUCTORS INTERNATIONAL, a/k/a FLUOR CORPORATION, MARLEY-WYLAIN CO, incorrectly named as Weil-McLain Company, MAGNETEK INC, OCEAN VIEW CAPITAL, FKA Triangle PWC Inc, HONEYWELL INTERNATIONAL INC, FKA Allied Signal Inc, as successor-in-interest to the Bendix Corporation, SPX COOLING TECHNOLOGIES INC, FKA Marley Cooling Technologies Inc, FKA Marley Cooling Tower Co, FLOWSERVE CORP, FKA Durametallic Corp, FKA Duriron Co Inc, ATLAS INDUSTRIES INC, UNITED STATES STEEL CORP, MW CUSTOM PAPERS, AKA Mead, WHEELING RUBBER PRODUCTS INC, PROCESS VALVE & EQUIPMENT CO, LINDBERG, WEIL MCLAIN, SCHNEIDER ELECTRIC USA INC, FKA Square D Co, NORTEK GLOBAL HVAC LLC, as successor by merger to Reznor, LLC, FMC CORP, MS JACOBS & ASSOCIATES INC, SAINT-GOBAIN ABRASIVES INC, FKA Norton Co, AJAX MAGNETHERMIC CORP, SPX FLOW US LLC, AIR & LIQUID SYSTEMS CORP, Successor-by merger to Buffalo Pumps, Inc., BW IP INC, BECHTEL CORP, WARREN PUMPS LLC, BAKER HUGHES, a GE Company, LLC, NAGLE PUMPS INC, DEZURIK, CARVER PUMP COMPANY, YUBA HEAT TRANSFER LLC, INDUSTRIAL RUBBER PRODUCTS, BURNHAM LLC, MCJUNKIN REDMAN CORP, FKA MRC Global US Inc, CRANE CO, AMERON INTERNATIONAL CORP, ALFA LAVAL INC, SEALING SPECIALISTS & SERVICE CO, HUNTER SALES CORP, IMO INDUSTRIES INC, FKA IMO Delaval Inc, FKA Devalco Corp Inc, FKA Delaval Turbine Inc, GOODYEAR TIRE & RUBBER CO, RILEY POWER INC, FKA Riley Stoker Corp, AIRTEK INC, TUTHILL CORP, MUELLER STEAM SPECIALTY, ITT INDUSTRIES INC, CASHCO INC, DICK CORP, COLUMBUS MCKINNON CORP, VELAN VALVE COPORATION, ECODYNE CORP, CLEAVER BROOKS INC, FKA Aqua Chem, GOULDS PUMP LLC, LINDBERG MPH, COST CO, FKA Cost Corp, ARMSTRONG PUMPS INC, FLUOR CORP, BLUE M CORP, HAMMOND VALVE CO, DAP INC, NKA La Mirada Prod Co, FLUOR ENTERPRISES INC, COST MANAGEMENT LLC, AO SMITH CORP, HOWDEN NORTH AMERICA INC, FKA Howden Buffalo Inc, JM FOSTER INC, CATERPILLAR INC, OSRAM SYLVANIA INC, in its own right and as Successor-in-interest to GTE Products Corporation, The Clark Controller Company and A.O. Smith Corporation, INGERSOLL RAND CORP, GOULD ELECTRONICS INC, ERIKS NORTH AMERICA, as successor-in-interest to Lewis-Goetz and Company, Inc.,, FKA Gooding Rubber Co, GOULD ELECTRONICS INC, FKA GD-Tek Inc, ALCOA INC, FKA Aluminum Co America, CARMEUSE LIME INC, CHICAGO PNEUMATIC TOOL CO LLC, ARMSTRONG INTERNATIONAL INC, MINE SAFETY APPLIANCES CO, IU NORTH AMERICA INC, as successor by merger to The Garp Company, FKA Gage Co, FKA Pittsburgh Gage and Supply Co, JOY GLOBAL SUFACE MINING INC, FKA P&H Mining Equipment, FKA Harnischfeger Corp, STERLING FLUID SYSTEMS USA, WILLIAM POWELL CO, ELLIOTT CO, FKA Elliott Turbomachinery Co, PARKER-HANNIFIN CORP, CLYDE UNION INC, DBA Clyde Union Pumps, Individually and as successor-by-merger to Union Pump Company and HONEYWELL INC |
| FOSTER WHEELER LLC |
| MERL WILLIAMS, His Husband and DAVID P. MARTINCIC |
| 20-3068 |
| October 14, 2020 |
| U.S. Court of Appeals, Third Circuit |
| Asbestos Pers Injury-Prod.Liab. |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 111
ORDER (AMBRO, JORDAN and ROTH, Circuit Judges) granting motion to dismiss case filed by Appellee David P. Martincic. The appeal is dismissed as moot. AMBRO, Authoring Judge. (JK) [Entered: 11/03/2021 10:01 AM]
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| Filing 110 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Jason T. Shipp, Esq. for Appellees David P. Martincic and Merl Williams. Certificate of Service dated 09/20/2021. Service made by ECF. [20-3068] (JTS) [Entered: 09/20/2021 05:28 PM] |
| Filing 109 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Christopher J. Keale, Esq. for Appellant Foster Wheeler LLC. Certificate of Service dated 09/20/2021. Service made by ECF. [20-3068] (CJK) [Entered: 09/20/2021 02:56 PM] |
| Filing 108 Calendared for Thursday, 11/18/2021 in Wilmington, DE. Calendar Clerk: CMH. (CMH) [Entered: 09/20/2021 12:23 PM] |
| Filing 107 ECF FILER: Reply by Appellees David P. Martincic and Merl Williams to motion, Response. Certificate of Service dated 09/14/2021. Service made by ECF, Email, US mail [20-3068] (JTS) [Entered: 09/14/2021 10:59 AM] |
| Filing 106 ECF FILER: Response filed by Appellant Foster Wheeler LLC to motion to dismiss/quash case. Certificate of Service dated 09/10/2021. [20-3068] (DFW) [Entered: 09/10/2021 01:23 PM] |
| Filing 105 ECF FILER: Motion filed by Appellee David P. Martincic dismiss/quash case. Certificate of Service dated 09/02/2021. Service made by ECF, Email, US mail. [20-3068] (JTS) [Entered: 09/02/2021 02:40 PM] |
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Filing 104
ORDER (Clerk) The motion to file supplemental appendix is hereby construed as a motion to expand the record. So construed, the motion and any responses thereto are referred to the merits panel. (CJG) [Entered: 08/20/2021 07:57 AM]
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| Filing 103 COMPLIANCE RECEIVED. Motion to File Supplemental Appendix received from Appellant Foster Wheeler LLC. Received on 08/16/2021. (EAF) [Entered: 08/19/2021 04:39 PM] |
| Filing 102 HARD COPY RECEIVED from Appellant Foster Wheeler LLC - Supplemental Appendix entitled "Appendix Volume III". Copies: 4. (EMA) [Entered: 08/17/2021 05:03 PM] |
| Filing 101 HARD COPY RECEIVED from Appellant Foster Wheeler LLC - Reply Brief. Copies: 7. (KEL) [Entered: 08/17/2021 01:31 PM] |
| Filing 100 ECF FILER: Motion filed by Appellant Foster Wheeler LLC for Leave to File Supplemental Appendix Vol III. Certificate of Service dated 08/16/2021. Service made by ECF, fax, US mail. [20-3068]--[Edited 08/16/2021 by JK] (DFW) [Entered: 08/16/2021 09:42 AM] |
| Filing 99 TEXT ONLY ORDER (Clerk) directing Attorney Dennis F. Wolford, Esq. for Appellant Foster Wheeler LLC to file a motion for Leave to File Supplemental Appendix for the Supplemental Appendix filed on 8/12/21. Due on or before 08/16/2021. (EAF) [Entered: 08/13/2021 11:31 AM] |
| Filing 98 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX entitled "Appendix Volume III" on behalf of Appellant Foster Wheeler LLC. Certificate of Service dated 08/12/2021. Service made by ECF, Email, US mail. --[Edited 08/13/2021 by EAF - Event and text edited] [20-3068] (DFW) [Entered: 08/12/2021 01:27 PM] |
| Filing 97 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Foster Wheeler LLC. Certificate of Service dated 08/12/2021 by ECF, Email, US mail. [20-3068] (DFW) [Entered: 08/12/2021 01:19 PM] |
| Filing 96 ECF FILER: Request filed by Appellant Foster Wheeler LLC for Oral Argument. Certificate of Service dated 07/29/2021. Service made by ECF, US mail. [-SEND TO MERITS] [20-3068]--[Edited 08/03/2021 by CJG] (DFW) [Entered: 07/29/2021 02:46 PM] |
| Filing 95 HARD COPY RECEIVED from Appellee David P. Martincic - Brief. Copies: 7. Received: 10. (RM) [Entered: 07/27/2021 12:58 PM] |
| Filing 94 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee David P. Martincic. Certificate of Service dated 07/22/2021 by ECF, US mail. [Entry edited to reflect the correct event] [20-3068]--[Edited 07/22/2021 by EMA] (JTS) [Entered: 07/22/2021 03:46 PM] |
| Filing 93 HARD COPY RECEIVED from Appellant Foster Wheeler LLC - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (GPK) [Entered: 06/28/2021 09:33 AM] |
| Filing 92 HARD COPY RECEIVED from Appellant Foster Wheeler LLC - Addendum to Brief. Copies: 7. (RM) [Entered: 06/25/2021 12:37 PM] |
| Filing 91 HARD COPY RECEIVED from Appellant Foster Wheeler LLC - Brief with Volume I of Appendix attached. Copies: 7. (RM) [Entered: 06/25/2021 12:32 PM] |
| Filing 90 FULL COMPLIANCE RECEIVED. Addendum to brief and appendix with statement of related cases and District Court docket report received from Appellant Foster Wheeler LLC. (MS) [Entered: 06/24/2021 11:03 AM] |
| Filing 89 ECF FILER: ELECTRONIC ADDENDUM to BRIEF & APPENDIX on behalf of Appellant Foster Wheeler LLC. Certificate of Service dated 06/24/2021 by ECF, Email, US mail. [20-3068]--[Edited 06/24/2021 by MS] (DFW) [Entered: 06/24/2021 10:49 AM] |
| Filing 88 PARTIAL COMPLIANCE RECEIVED. Separately filed Appendix Vol. II received from Appellant Foster Wheeler LLC. Addendum to brief & appendix with missing items still must be filed. (MS) [Entered: 06/24/2021 10:00 AM] |
| Filing 87 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellant Foster Wheeler LLC. Certificate of Service dated 06/22/2021. Service made by ECF, Email, US mail. [20-3068] - [Entry edited by the Clerk to reflect the correct event]--[Edited 06/24/2021 by MS] (DFW) [Entered: 06/23/2021 06:39 PM] |
| Filing 86 TEXT ONLY ORDER (Clerk) directing Attorney Dennis F. Wolford, Esq. for Appellant Foster Wheeler LLC to file Addendum to Brief & Appendix with Statement of Related Cases and with District Court docket report in electronic and in paper copy format (7 copies in blue covers), and to file Appendix Volume II as a separate electronic transaction. Due on or before 06/28/2021. (MS) [Entered: 06/23/2021 02:45 PM] |
| Filing 85 ECF FILER: ENTRY OF APPEARANCE from Christopher J. Keale on behalf of Appellant(s) Foster Wheeler LLC. [20-3068] (CJK) [Entered: 06/22/2021 12:27 PM] |
| Filing 84 ECF FILER: ELECTRONIC BRIEF on behalf of Appellant Foster Wheeler LLC. Certificate of Service dated 06/22/2021 by ECF, Email, US mail. [20-3068] (DFW) [Entered: 06/22/2021 12:08 PM] |
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Filing 83
ORDER (Clerk) No action will be taken on Appellees' motion to quash/dismiss the appeal. It was discovered that counsel for Appellant was mistakenly terminated on the docket shortly after the appeal was opened and has not been receiving notice of the filings in this case. Counsel for Appellant has now been added to the docket. Accordingly, the briefing schedule issued on February 10, 2021 is hereby vacated. Appellant's brief and appendix must be filed and served within 40 days of the date of this order. Appellees' brief must be filed and served within 30 days of service of Appellant's brief. Appellant's reply brief, if any, must be filed and served within 21 days of service of Appellees' brief. Failure to timely file the brief and appendix may result in the dismissal of the appeal. (JK) [Entered: 05/13/2021 12:21 PM]
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| Filing 82 ECF FILER: Motion filed by Appellees David P. Martincic and Merl Williams dismiss/quash case. Certificate of Service dated 05/06/2021. Service made by ECF, US mail. [20-3068] (JTS) [Entered: 05/06/2021 01:59 PM] |
| Filing 81 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Foster Wheeler LLC due on or before 03/22/2021. Appendix due on or before 03/22/2021.--[VACATED PER CLERK'S ORDER DATED 05/13/2021 - Edited 05/13/2021 by JK] (JK) [Entered: 02/10/2021 12:14 PM] |
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Filing 80
ORDER (Clerk) advising that it appears it would not be appropriate to list the case for possible dismissal (JK) [Entered: 02/10/2021 12:03 PM]
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| Filing 79 LETTER filed by Kimberly A. Martin-O'Bryan on behalf of Appellee A.R. Wilfley & Sons, Inc. takes no position on the Appeal.. (JK) [Entered: 11/23/2020 11:40 PM] |
| Filing 78 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee WT HRC Corp. [20-3068] (GAH) [Entered: 11/17/2020 05:02 PM] |
| Filing 77 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Sundyne LLC. [20-3068] (GAH) [Entered: 11/17/2020 05:01 PM] |
| Filing 76 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Simakas Co Inc. [20-3068] (GAH) [Entered: 11/17/2020 05:00 PM] |
| Filing 75 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Robinson Fans Inc. [20-3068] (GAH) [Entered: 11/17/2020 04:59 PM] |
| Filing 74 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Robbins & Myers Inc. [20-3068] (GAH) [Entered: 11/17/2020 04:59 PM] |
| Filing 73 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Power Piping Co. [20-3068] (GAH) [Entered: 11/17/2020 04:58 PM] |
| Filing 72 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Moyno Inc. [20-3068] (GAH) [Entered: 11/17/2020 04:57 PM] |
| Filing 71 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee McNeil Ohio Corp. [20-3068] (GAH) [Entered: 11/17/2020 04:57 PM] |
| Filing 70 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant McMaster Carr Supply. [20-3068] (GAH) [Entered: 11/17/2020 04:56 PM] |
| Filing 69 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Lintern Corp. [20-3068] (GAH) [Entered: 11/17/2020 04:56 PM] |
| Filing 68 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Bloom Engineering Co Inc. [20-3068] (GAH) [Entered: 11/17/2020 04:55 PM] |
| Filing 67 ECF FILER: DISCLOSURE STATEMENT on behalf of Allied Glove Corporation. [20-3068] (GAH) [Entered: 11/17/2020 03:25 PM] |
| Filing 66 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee ABB Inc. [20-3068] (GAH) [Entered: 11/17/2020 03:18 PM] |
| Filing 65 ECF FILER: ENTRY OF APPEARANCE from Glenn A. Huetter, Jr., Esquire, Willman & Silvaggio LLP on behalf of Appellee(s) ABB Inc., Allied Glove, Bloom Engineering, BMI Refractory Services Inc., Lintern Corp, McMaster-Carr Supply Co., McNeil (Ohio) Corp., Moyno, Inc., Power Piping Company, Robbins & Myers, Inc., Robinson Fans, Inc., Simakas Company, Inc., Sundyne LLC, WT/HRC. [20-3068] (GAH) [Entered: 11/17/2020 03:02 PM] |
| Filing 64 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee General Electric Co. [20-3068] (BSN) [Entered: 11/05/2020 01:54 PM] |
| Filing 63 FOLLOW UP LETTER to Andrew F. Adomitis, Esq. for Osram Sylvania Inc, Cleaver Brooks Inc, AO Smith Corp, Burnham LLC, Clyde Union Inc, Mueller Steam Specialty and Ocean View Capital, Scott D. Clements, Esq. for United States Steel Corp, Eric K. Falk, Esq. for Honeywell International Inc, Riley Power Inc, IMO Industries Inc and Parker-Hannifin Corp, Julie N. Friedman, Esq. for Honeywell International Inc, Goodyear Tire & Rubber Co, Riley Power Inc, IMO Industries Inc and Parker-Hannifin Corp, Jeanette H. Ho, Esq. for Cost Co and Cost Management LLC, Robert L. Hogan, Esq. for Riley Power Inc, Glenn A. Huetter, Jr., Esq. for ABB Inc, J. Lawson Johnston, Esq. for United States Steel Corp, Vincent P. Lamperski, Esq. for Osram Sylvania Inc, Cleaver Brooks Inc, AO Smith Corp, Burnham LLC, Clyde Union Inc, Mueller Steam Specialty and Ocean View Capital, John C. McMeekin, II, Esq. for Goodyear Tire & Rubber Co, G. Richard Murphy, Esq. for Cost Co and Cost Management LLC, Kenneth T. Newman, Esq. for Cost Co and Cost Management LLC, Edward G. O'Connor, Esq. for ABB Inc and Eric W. Santos, Esq. for Honeywell Inc requesting the following document(s): Appearance Form on or before 11/18/2020. Disclosure Statement on or before 11/18/2020. (JK) [Entered: 11/04/2020 02:42 PM] |
| Filing 62 Attorney Bar status modified for Paul K. Vey, Esq. for Sauer Inc, Ametek Inc, Eriks North America and Joy Global Suface Mining Inc. Status is now active. (TMK) [Entered: 11/03/2020 03:21 PM] |
| Filing 59 NOTICE REGARDING ATTORNEY STATUS for APPEARANCE FORM filed by Attorney Paul K. Vey, Esq. for Appellees Sauer Inc, Ametek Inc, Eriks North America and Joy Global Suface Mining Inc. Counsel's current status in this Court's attorney rolls is inactive. An attorney must have active status in order to appear before this Court. R.A.D.E. 17.3. If you wish to return to active status or if you believe that you have been marked inactive in error, please complete the Attorney Admission Renewal/Adjustment of Status Form available on this Court's website by 11/17/2020. Future filings will not be accepted from an attorney in inactive status. (TMK) [Entered: 11/03/2020 08:01 AM] |
| Filing 61 PARTY NOT PARTICIPATING: Christopher H. Jones, Esq. for Gould Electronics Inc, Weil McLain and Marley-Wylain Co will not participate in this appeal, received. (JK) [Entered: 11/03/2020 12:35 PM] |
| Filing 60 RESPONSE on behalf of Appellee Elliott Co to clerk order advising of possible dismissal. Certificate of Service dated 11/02/2020. Service made by US mail. (JK) [Entered: 11/03/2020 11:26 AM] |
| Filing 58 ECF FILER: LETTER from Attorney Alison R. Viola, Esq. for Appellee CBS Corp. in response to possible dismissal due to jurisdictional defect. Certificate of Service dated 11/02/2020. Service made by ECF. [20-3068]--[Edited 11/02/2020 by JK] (ARV) [Entered: 11/02/2020 04:55 PM] |
| Filing 57 ECF FILER: ENTRY OF APPEARANCE from Alison R. Viola on behalf of Appellant(s) Viacom CBS, Inc.. [20-3068] (ARV) [Entered: 11/02/2020 03:16 PM] |
| Filing 56 ECF FILER: LETTER from Attorney Glenn A. Huetter, Jr., Esq. for Appellee Lintern Corporation takes no position re appeal. Certificate of Service dated 11/02/2020. Service made by ECF. [20-3068]--[Edited 11/02/2020 by JK] (GAH) [Entered: 11/02/2020 12:31 PM] |
| Filing 55 ECF FILER: ENTRY OF APPEARANCE from Jason R. Scherr on behalf of Appellee Elliott Company. [20-3068]--[Edited 11/02/2020 by JK] (JRS) [Entered: 11/02/2020 11:56 AM] |
| Filing 54 RESPONSE on behalf of Appellee General Electric Co to clerk order advising of possible dismissal in Support of Appellant. (JK) [Entered: 11/02/2020 11:44 AM] |
| Filing 53 PARTY NOT PARTICIPATING: Edward J. Chiodo for Tuthill Corp and Met-Pro Technologies will not participate in this appeal, received. (JK) [Entered: 11/02/2020 11:39 AM] |
| Filing 52 LETTER filed by Ronald L. Daugherty on behalf of Metropolitan Life Insurance Company not participating in the appeal. (JK) [Entered: 11/02/2020 10:13 AM] |
| Filing 51 LETTER filed by David J. Shipley on behalf of Tenova, Inc. taking no position with respect to the Appeal.. (JK) [Entered: 11/01/2020 11:55 PM] |
| Filing 50 PARTY NOT PARTICIPATING: Aaron Arthur, Esq. for Sante Fe Braun, Inc, York International Corp, Johnson Controls Inc, ITT Industries Inc and Goulds Pump LLC will not participate in this appeal, received.--[Edited 11/02/2020 by JK] (JK) [Entered: 11/01/2020 11:15 PM] |
| Filing 49 PARTY NOT PARTICIPATING: Jennifer E. Watson, Esq. for Air & Liquid Systems Corp will not participate in this appeal, received. (JK) [Entered: 11/01/2020 10:01 PM] |
| Filing 48 PARTY NOT PARTICIPATING: Jennifer E. Watson, Esq. for Alcoa Inc, IU North America Inc, DAP Inc, Viking Pump Inc, Plastics Engineering Co, Air & Liquid Systems Corp and Saint-Gobain Abrasives Inc will not participate in this appeal, received. (JK) [Entered: 11/01/2020 09:44 PM] |
| Filing 47 ECF FILER: ENTRY OF APPEARANCE from Bryan S. Neft on behalf of Appellant(s) General Electric Company. [20-3068] (BSN) [Entered: 10/30/2020 05:10 PM] |
| Filing 46 ECF FILER: LETTER from Attorney Andrew F. Adomitis, Esq. for Appellees AO Smith Corp, Burnham LLC, Cleaver Brooks Inc, Clyde Union Inc, Mueller Steam Specialty, Ocean View Capital and Osram Sylvania Inc No Position letter - A. O. Smith Corporation; Burnham LLC; Cleaver-Brooks, Inc.; Clyde Union, Inc. f/k/a Union Pump Company; Osram Sylvania, Inc., as successor to GTE Products Corporation (GTE/OSRAM); Mueller Steam; Ocean View Capital. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068] (AFA) [Entered: 10/30/2020 04:44 PM] |
| Filing 45 ECF FILER: LETTER from Attorney Danielle M. Vugrinovich, Esq. for Appellees Cashco Inc, Eaton Corp, Ecodyne Corp, Flsmidth Inc, McWane Inc, MW Custom Papers, Sunbeam Products Inc and Warren Pumps LLC No position to appeal of Appellant Foster Wheeler. Certificate of Service dated 10/30/2020. Service made by Email. [20-3068] (DMV) [Entered: 10/30/2020 04:13 PM] |
| Filing 44 ECF FILER: LETTER from Attorney Julie N. Friedman, Esq. for Appellees Goodyear Tire & Rubber Co, Honeywell International Inc, IMO Industries Inc, Letter response to Oct. 19 Court's Order. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (SFG) [Entered: 10/30/2020 02:58 PM] |
| Filing 43 ECF FILER: LETTER from Attorney Julie N. Friedman, Esq. for Appellees Parker-Hannifin Corp and Riley Power Inc Letter responding to Oct. 19 Court's Order on behalf of Parker Hannifin and Riley. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (SFG) [Entered: 10/30/2020 02:51 PM] |
| Filing 42 ECF FILER: LETTER from Attorney Michael J. Zukowski, Esq. for Appellee Schneider Electric USA Inc. takes no position on the appeal. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (MJZ) [Entered: 10/30/2020 02:11 PM] |
| Filing 41 LETTER from Paul K. Vey, Esq. for Appellees Ametek Inc, Eriks North America, Joy Global Suface Mining Inc and Sauer Inc. taking no position as to the jurisdictional issue. Service made on 10/30/2020 by ECF. (LML) [Entered: 10/30/2020 12:59 PM] |
| Filing 40 ECF FILER: LETTER from Attorney Nicholas J. Koch, Esq. for Appellee Cameron International Corp Defendant Cameron International takes no position on co-defendant's appeal.. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068] (NJK) [Entered: 10/30/2020 12:42 PM] |
| Filing 39 ECF FILER: LETTER from Attorney Dennis F. Wolford, Esq. for Appellee Greene Tweed & Co Greene Tweed & Company, Inc.'s Letter of "No Position" regarding the Court's jurisdiction. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (DFW) [Entered: 10/30/2020 12:36 PM] |
| Filing 38 ECF FILER: LETTER from Diana L. Jacobs, Esq.on behalf of Appellee Nooter Construction Company. In response to the Order dated October 9, 2020, please be advised that Defendant, Nooter Construction Company takes no position on the appeal filed by Foster Wheeler in this matter.. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (DLJ) [Entered: 10/30/2020 12:30 PM] |
| Filing 37 ECF FILER: Letter to Third Circuit Regarding No Position as to Foster Wheeler's Appeal filed by Appellees Alfa Laval Inc, Carver Pump Company, FMC Corp, Pfaudler Inc, Sterling Fluid Systems USA and Swindell-Dressler International Co. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068] (KAL) [Entered: 10/30/2020 12:17 PM] |
| Filing 36 ECF FILER: LETTER from Attorney Alison R. Viola, Esq. for Appellee Process Valve & Equipment Co Letter Re: Process Valve's Position in Appeal. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (ARV) [Entered: 10/30/2020 11:04 AM] |
| Filing 35 ECF FILER: LETTER on behalf of Appellees Cost Co and Cost Management LLC. Appellees Cost Co and Cost Management LLC will adopt the Response filed by Appellant Foster Wheeler LLC to clerk order. on behalf of Appellant Foster Wheeler LLC. Certificate of Service dated 10/30/2020.Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (JHH) [Entered: 10/30/2020 10:46 AM] |
| Filing 34 ECF FILER: CERTIFICATE OF SERVICE for Response. Service made on 10/30/2020 by ECF. [20-3068] (DFW) [Entered: 10/30/2020 10:32 AM] |
| Filing 33 ECF FILER: LETTER from Attorney Alison R. Viola, Esq. for Appellee Bechtel Corp will not be participating in the appeal. Certificate of Service dated 10/30/2020. Service made by ECF. [20-3068]--[Edited 10/30/2020 by JK] (ARV) [Entered: 10/30/2020 10:21 AM] |
| Filing 32 ECF FILER: Clark Reliance Corporation, and its division Jerguson Gage and Valve; Electrolux Home Products, Inc. f/k/a WCI Outdoor Products, Inc.; Spirax Sarco, Inc.; NOT PARTICIPATING: Richard C. Polley, Esq. for Armstrong International Inc, Dick Corp, Nagle Pumps Inc and North American Manufacturing Co Appellees Airtek Inc, Armstrong International Inc, Armstrong Pumps Inc, Dick Corp, Evoqua Water Technologies LLC, Nagle Pumps Inc, North American Manufacturing Co and Yuba Heat Transfer LLC will not participate in this appeal, received. [20-3068] (RCP) [Entered: 10/30/2020 09:58 AM] |
| Filing 31 ECF FILER: Response filed by Appellant Foster Wheeler LLC to clerk order. Certificate of Service dated 10/30/2020. [20-3068] (DFW) [Entered: 10/30/2020 08:34 AM] |
| Filing 30 LETTER filed by Melissa D. Cochran and Edward A. MIller on behalf of Carrier Corporation, Flowserve US, Inc, Flowserve Corp, Gerdner Denver, Inc, Joy Global Underground Mining, Inc. and Zurn Industries, LLC will not be participating in this appeal. (JK) [Entered: 10/29/2020 10:53 PM] |
| Filing 29 PARTY NOT PARTICIPATING: Francis J. Stanek, Esq. for Inductotherm Industries Inc will not participate in this appeal, received. (JK) [Entered: 10/29/2020 09:45 PM] |
| Filing 28 PARTY NOT PARTICIPATING: Mark A. Fiorilli, Esq. for Beazer East Inc will not participate in this appeal, received. (JK) [Entered: 10/29/2020 09:35 PM] |
| Filing 27 PARTY NOT PARTICIPATING: James P. Hadden, Esq. for Wyeth Holdings Corp, Dezurik, Velan Valve Coporation, Aurora Pumps, Blue M Corp, Industrial Holdings Corp, Lindberg, Lindberg MPH and SPX Flow US LLC will not participate in this appeal, received.--[Edited 10/29/2020 by JK] (JK) [Entered: 10/29/2020 09:17 PM] |
| Filing 26 PARTY NOT PARTICIPATING: Bernard L. Levinthal on behaf of Flowserve US Inc. will not participate in this appeal, received.--[Edited 10/29/2020 by JK] (JK) [Entered: 10/29/2020 09:00 PM] |
| Filing 25 PARTY NOT PARTICIPATING: Philip P. Keating, Esq. for Baker Hughes will not participate in this appeal, received. (JK) [Entered: 10/29/2020 08:52 PM] |
| Filing 24 PARTY NOT PARTICIPATING: John A. Turlik, Esq. for Flowserve United States Inc, BW IP Inc and Nortek Global HVAC LLC will not participate in this appeal, received. (JK) [Entered: 10/29/2020 07:25 PM] |
| Filing 23 ECF FILER: LETTER from Attorney Glenn A. Huetter, Jr., Esq. for Appellees ABB Inc, Allied Glove Corp, Bloom Engineering Co Inc, BMI Refractory Services Inc, McMaster Carr Supply, McNeil Ohio Corp, Moyno Inc, Power Piping Co, Robbins & Myers Inc, Robinson Fans Inc, Simakas Co Inc, Sundyne LLC and WT HRC Corp Letter advising that Appellees Brown Boveri, BMI, McNeil (Ohio), Robinson Fans, Simakas, WT/HRC, Allied Glove, Bloom Engineering, McMaster-Carr, Moyno, Robbins & Myers, Power Piping and Sundyne take no position re appeal. Certificate of Service dated 10/29/2020. Service made by ECF. [20-3068] (GAH) [Entered: 10/29/2020 04:40 PM] |
| Filing 22 ECF FILER: LETTER from Attorney Jason T. Shipp, Esq. for Appellees David P. Martincic and Merl Williams Letter to Third Circuit Court of Appeals advising that Appellees David Martincic and Merle Williams take no position in relation to this Court's authority over this appeal. Certificate of Service dated 10/29/2020. Service made by ECF. [20-3068] (JTS) [Entered: 10/29/2020 04:20 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Jason T. Shipp on behalf of Appellee(s) Appellees David Martincic and Merle Williams. [20-3068] (JTS) [Entered: 10/29/2020 03:46 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Paul K. Vey on behalf of Appellee(s) (1) Ametek, Inc.; (2) Sauer, Inc.; (3) Joy Global Surface Mining Inc f/k/a P&H Mining Equipment, Inc. f/k/a Harnischfeger Corporation; (4) ERIKS North America, as successor-in-interest to Lewis-Goetz and Company, Inc., f/ka Gooding Rubber Company. [20-3068] (PKV) [Entered: 10/29/2020 02:49 PM] |
| Filing 19 ECF FILER: LETTER from Attorney Matthew R. Wimer, Esq. for Appellee SPX Cooling Technologies Inc no position on the appeal. Certificate of Service dated 10/29/2020. Service made by Email. [20-3068] (MRW) [Entered: 10/29/2020 02:18 PM] |
| Filing 18 ECF FILER: LETTER from Attorney Jason M. English, Esq. for Appellees Industrial Rubber Products, Sealing Specialists & Service Co and Washington Group International Inc Letter regarding no position to appeal of Defendant Foster Wheeler. Certificate of Service dated 10/29/2020. Service made by ECF. [20-3068] (KTM) [Entered: 10/29/2020 02:09 PM] |
| Filing 17 LETTER from David E. Lamm, Esq. for Appellee Joy Global Suface Mining Inc taking no position of the issue of jurisdiction. (JK) [Entered: 10/29/2020 12:20 PM] |
| Filing 16 PARTY NOT PARTICIPATING: Kevin M. Ward, Esq. for Columbus McKinnon Corp will not participate in this appeal, received. (JK) [Entered: 10/29/2020 11:57 AM] |
| Filing 15 ECF FILER: LETTER from Attorney John M. Schollaert, Esq. for Appellee GG of Florida Inc LETTER: To 3d Circuit re: GGF position on appeal. Certificate of Service dated 10/29/2020. Service made by ECF. [20-3068] (DRB) [Entered: 10/29/2020 09:40 AM] |
| Filing 14 ECF FILER: LETTER from Attorney Michael J. Ross, Esq. for Appellee Crane Co letter of no position regarding the appeal in this case. Certificate of Service dated 10/29/2020. Service made by ECF. [20-3068] (MJR) [Entered: 10/29/2020 09:21 AM] |
| Filing 13 LETTER from J. Lawson Johnston, Esq. for United States Steel Corp taking no position on the jurisdictional issue. (JK) [Entered: 10/28/2020 10:59 PM] |
| Filing 12 ECF FILER: LETTER from Attorney William J. Witte, Esq. for Appellees Ajax Magnethermic Corp and Magnetek Inc Letter from Attorney William J. Witte for Defendants Ajax Magnethermic Corporation, Genuine Parts Company, Howden North America Inc., Magnetek, Inc., Research-Cottrell, Inc., n/k/a AWT Air Company, Inc. do not intend to participate in the Appeal.. Certificate of Service dated 10/28/2020. Service made by ECF. [20-3068] (WJW) [Entered: 10/28/2020 03:57 PM] |
| Filing 11 ECF FILER: LETTER from Attorney Joseph F. Butcher, Esq. for Appellee Mine Safety Appliances Co Letter from Attorney Joseph F. Butcher for Appellees - clients of Zimmer Kunz PLLC. Certificate of Service dated 10/28/2020. Service made by Email. [20-3068] (JFB) [Entered: 10/28/2020 03:23 PM] |
| Filing 10 ECF FILER: LETTER from Attorney Edward A. Smallwood, Esq. for Appellees Ameron International Corp, Caterpillar Inc, Ingersoll Rand Corp, JM Foster Inc, Nash Engineering Co, Reunion Industries Inc, Wheeling Rubber Products Inc and William Powell Co List of defendants who take no position to the appeal of Appellant Foster Wheeler LLC. Certificate of Service dated 10/28/2020. Service made by ECF. [20-3068] (EAS) [Entered: 10/28/2020 02:11 PM] |
| Filing 9 District Court CM/ECF updated on 10/22/2020. Record complete for appeal purposes (JK) [Entered: 10/22/2020 01:40 PM] |
| Filing 8 TRANSCRIPT PURCHASE ORDER FORM (Part 1). No proceedings in District Court. (JK) [Entered: 10/19/2020 05:04 PM] |
| Filing 7 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Foster Wheeler LLC. [20-3068] (DFW) [Entered: 10/19/2020 02:36 PM] |
| Filing 6 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Foster Wheeler LLC. [20-3068] (DFW) [Entered: 10/19/2020 02:33 PM] |
| Filing 5 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Foster Wheeler LLC advising this court that no transcripts are available. [20-3068] (DFW) [Entered: 10/19/2020 02:29 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Dennis F. Wolford on behalf of Appellant(s) Foster Wheeler, LLC. [20-3068] (DFW) [Entered: 10/19/2020 02:26 PM] |
|
Filing 3
ORDER (Clerk) advising that the case has been listed for possible dismissal due to jurisdictional defect. (JK) [Entered: 10/19/2020 02:54 AM]
|
| Filing 2 RECORD available on District Court CM/ECF. (JK) [Entered: 10/19/2020 02:52 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Foster Wheeler LLC in District Court No. 2-20-cv-00958. (JK) [Entered: 10/19/2020 02:47 AM] |
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