Dorothy Smith v. Schlage Lock Company, LLC
| THE RUST ENGINEERING COMPANY, GOULDS PUMPS, INCORPORATED, BRIGGS & STRATTON CORPORATION, DAVIS-STANDARD CORPORATION, CATERPILLAR, INCORPORATED, TEXTRON, INCORPORATED, d/b/a Lycoming Engines, CBS CORPORATION, f/k/a Viacom, Inc.,, sued as successor-by-merger to CBS Corporation f/k/a Westinghouse Electric Corporation and as successor-in-interest to Haveg Industries, Inc., CHAMPION INTERNATIONAL CORPORATION, ASTENJOHNSON, INC., f/k/a The Asten Group, FLOWSERVE CORPORATION, f/k/a The Duron Company, Inc, sued as successor-by-merger to Durco International and also sued as successor-in-interest to Anchor Darling Valves f/k/a Darling Manufacturing, ANDRITZ, INC., f/k/a Ahlstrom Machinery, Inc., f/k/a Kamyr, Inc., GORMAN RUPP COMPANY, SCOTT CO. OF CALIFORNIA, GENERAL ELECTRIC COMPANY, WEATHERLY, INC., sued as successor-in-interest to D.M. Weatherly, GRINNELL LLC, d/b/a Grinnell Corporation, CUMMINS POWER GENERATION, INC, d/b/a Cummins Onan, CHAMPLAIN CABLE CORPORATION, f/k/a Hercules, Inc., and as successor-in-interest to Haveg Industries, Inc., TOMPKINS-BECKWITH, INC., WESTERN AUTO SUPPLY COMPANY, d/b/a Advance Auto Parts, Incorporated, COLGATE PALMOLIVE COMPANY, CERTAINTEED CORPORATION, BECHTEL CORPORATION, WEYERHAEUSER COMPANY, SEQUOIA VENTURESA, INC. AND, f/k/a Bechtel Corporation, HERCULES, INC., THE WILLIAM POWELL COMPANY, FOSTER WHEELER ENERGY CORPORATION, HONEYWELL INTERNATIONAL, INCORPORATED, f/k/a Allied-Signal Inc, sued as successor-in-interest to Bendix Corporation, WARREN PUMPS, LLC, FISHER CONTROLS INTERNATIONAL LLC, INTERNATIONAL BUSINESS MACHINES CORPORATION, d/b/a International Business Machines, RILEY POWER, INC., f/k/a Riley Stoker Corporation, f/k/a D.B. Riley, Inc., INTERNATIONAL PAPER COMPANY, INCORPORATED, NASH ENGINEERING COMPANY, DEZURIK, INC., d/b/a Dezurik-Apco Williametter Eagle, Inc. and AMETEK, INC., sued individually and as successor-in-interest to Haveg Industries, Inc.; successor-in-interest to Hercules, Inc. |
| DOROTHY E. SMITH, Individually and as Executrix of the Estate of Julian Jackson Smith |
| SCHLAGE LOCK COMPANY, LLC and FARMERS CHEMICAL ASSOCIATION, INC. |
| 19-1391 |
| April 15, 2019 |
| U.S. Court of Appeals, Fourth Circuit |
| Asbestos Pers Injury-Prod.Liab. |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.
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Filing 50
Mandate issued. Referencing: [ # 46 ] Judgment Order , [ # 45 ] published per curiam Opinion. Originating case number: 1:16-cv-00379-LCB-LPA. [19-1391] JSN [Entered: 03/03/2021 08:50 AM]
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Filing 49
COURT ORDER filed denying motion for rehearing and rehearing en banc [ # 47 ]. Copies to all parties. [1000903678] [19-1391] TW [Entered: 02/23/2021 09:48 AM]
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Filing 48
Mandate stayed pending ruling on petition for rehearing or rehearing en banc. [19-1391] JSN [Entered: 02/11/2021 09:05 AM]
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Filing 47
PETITION for rehearing and rehearing en banc by Dorothy E. Smith. [19-1391] Lisa Shirley [Entered: 02/10/2021 06:50 PM]
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Filing 46
JUDGMENT ORDER filed. Decision: Affirmed. Originating case number: 1:16-cv-00379-LCB-LPA. Entered on Docket Date: 01/27/2021. [1000888273] Copies to all parties and the district court/agency. [19-1391] JSN [Entered: 01/27/2021 09:00 AM]
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Filing 45
PUBLISHED PER CURIAM OPINION filed. Originating case number: 1:16-cv-00379-LCB-LPA. Copies to all parties and the district court/agency.[1000888270]. [19-1391] JSN [Entered: 01/27/2021 08:57 AM]
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Filing 44
COURT ORDER filed removing case from argument calendar, submitting on the briefs without oral argument. Copies to all parties. [1000856107] [19-1391] TW [Entered: 11/30/2020 04:22 PM]
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Filing 43
APPEARANCE OF COUNSEL by Catherine Basque Weiler for Schlage Lock Company, LLC. [1000851797] [19-1391] Michael Drumke [Entered: 11/19/2020 04:24 PM]
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Filing 42
(ENTRY RESTRICTED) APPEARANCE OF COUNSEL by Catherine Basque Weiler for Schlage Lock Company, LLC. [1000851738] [19-1391]--[Edited 11/19/2020 by JSN] Michael Drumke [Entered: 11/19/2020 03:52 PM]
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Filing 41
DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Schlage Lock Company, LLC re: filing of appearance form. Appearance form due on 11/20/2020 from Catherine Basque Weiler. [19-1391] JSN [Entered: 11/17/2020 04:21 PM]
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Filing 40
Calendar notice sent. Nature of notice: Testing Schedule and Argument Day Procedures. [19-1391] SCC [Entered: 11/10/2020 11:30 AM]
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Filing 39
ORAL ARGUMENT ACKNOWLEDGMENT FOR REMOTE ARGUMENT (restricted access) by Schlage Lock Company, LLC. Counsel arguing: Michael W. Drumke. Opening argument time: 16 minutes. Second counsel arguing: Catherine Basque Weiler. Opening argument time: 4 minutes. [1000843247] [19-1391] JSN [Entered: 11/05/2020 05:07 PM]
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Filing 38
(ENTRY RESTRICTED) APPEARANCE OF COUNSEL by Michael W. Drumke and Catherine Basque Weiler for Schlage Lock Company, LLC. [1000843216] [19-1391]--[Edited 11/05/2020 by JSN] Michael Drumke [Entered: 11/05/2020 04:30 PM]
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Filing 37
ORAL ARGUMENT ACKNOWLEDGMENT FOR REMOTE ARGUMENT (restricted access) by Dorothy E. Smith. Counsel arguing: Brian P. Barrow. Opening argument time: 10 minutes. Rebuttal argument time: 5 minutes. [1000843006] [19-1391] Brian Barrow [Entered: 11/05/2020 01:31 PM]
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Filing 36
APPEARANCE OF COUNSEL by Brian P. Barrow for Dorothy E. Smith. [1000842471] [19-1391] Brian Barrow [Entered: 11/04/2020 04:45 PM]
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Filing 35
CASE CALENDARED for remote oral argument. Date: 12/09/2020. Argument Starting Time: 2:00 p.m.. Remote oral argument acknowledgment form due within 2 business days. [19-1391] JLC [Entered: 11/03/2020 11:17 AM]
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Filing 34
Three additional copies of the RESPONSE BRIEF received from Schlage Lock Company, LLC. [19-1391] AWW [Entered: 10/20/2020 02:06 PM]
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Filing 33
Three aditional copies of the OPENING BRIEF, REPLY BRIEF, and JOINT APPENDIX received from Dorothy E. Smith. [19-1391] TB [Entered: 10/20/2020 09:37 AM]
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Filing 32
CASE TENTATIVELY CALENDARED for oral argument during the 12/4 - 12/14 argument session. Counsel shall file 3 paper copies of their briefs and appendices within 7 days. Notify Clerk's Office of any scheduling conflict by: 10/16/2020. [19-1391] JLC [Entered: 10/13/2020 01:50 PM]
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Filing 30
Receipt of paper copy of REPLY BRIEF filed at [ # 29 ] by Dorothy E. Smith. Number of pages: [24]. Sufficient: Yes. Number of Copies: [1]. Received by clerk date: 10/30/2019. [1000617051] [19-1391] JSN [Entered: 10/30/2019 03:48 PM]
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Filing 29
BRIEF by Dorothy E. Smith in electronic and paper format. Type of Brief: REPLY. Method of Filing Paper Copies: N/A. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 10/21/2019. [1000611128] [19-1391] Lisa Shirley [Entered: 10/21/2019 06:25 PM]
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Filing 28
Receipt of paper copy of RESPONSE BRIEF filed at [ # 27 ] by Schlage Lock Company, LLC. Number of pages: [45]. Sufficient: YES. Number of Copies: [1]. Received by clerk date: 10/17/2019. [1000608937] [19-1391] JSN [Entered: 10/17/2019 03:58 PM]
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Filing 27
BRIEF by Schlage Lock Company, LLC in electronic and paper format. Type of Brief: RESPONSE. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 09/30/2019. [1000597488] [19-1391] Michael Drumke [Entered: 09/30/2019 04:19 PM]
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Filing 24
ORDER filed [1000574792] granting Motion to extend filing time [ # 23 ]. Number of days granted: 31. Response brief due 09/30/2019. Copies to all parties. [19-1391] JSN [Entered: 08/27/2019 08:54 AM]
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Filing 23
MOTION by Schlage Lock Company, LLC Michael W. Drumke to extend filing time for response brief.. Date and method of service: 08/26/2019 ecf. [1000574592] [19-1391] Michael Drumke [Entered: 08/26/2019 05:31 PM]
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Filing 26
Receipt of paper copy of CORRECTED APPENDIX filed at [ # 22 ] by Dorothy E. Smith. Total number of volumes: [2]. Total number of pages in all volumes: [1299]. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [1]. Received by clerk date: 08/29/2019. [1000577065] [19-1391] JSN [Entered: 08/29/2019 11:33 AM]
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Filing 25
Receipt of paper copy of CORRECTED OPENING BRIEF filed at [ # 21 ] by Dorothy E. Smith. Number of pages [37]. Number of copies: [1]. Received by clerk date: 08/29/2019. [1000577060] [19-1391] JSN [Entered: 08/29/2019 11:31 AM]
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Filing 22
Corrected FULL ELECTRONIC APPENDIX and full paper appendix by Dorothy E. Smith. Method of Filing Paper Copies: mail. Date paper copies mailed dispatched or delivered to court: 08/23/2019. [1000572505] [19-1391] Lisa Shirley [Entered: 08/22/2019 02:02 PM]
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Filing 21
Corrected BRIEF by Dorothy E. Smith in electronic and paper format. Type of Brief: OPENING. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 08/23/2019. [1000572487] [19-1391] Lisa Shirley [Entered: 08/22/2019 01:50 PM]
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Filing 20
Docket correction requested from Dorothy E. Smith. Re: [ # 18 ] appendix. Corrected brief and appendix due: 08/22/2019. [19-1391] JSN [Entered: 08/12/2019 12:07 PM]
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Filing 19
APPEARANCE OF COUNSEL by Jonathan M. Holder for Dorothy E. Smith. [1000545423] [19-1391] Jonathan Holder [Entered: 07/11/2019 01:33 PM]
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Filing 18
(ENTRY RESTRICTED) FULL ELECTRONIC APPENDIX and full paper appendix by Dorothy E. Smith. Method of Filing Paper Copies: mail. Date paper copies mailed dispatched or delivered to court: 07/11/2019. [1000545012] [19-1391] [Corrected appendix filed at ECF entry 22]--[Edited 08/27/2019 by JSN] Lisa Shirley [Entered: 07/10/2019 06:33 PM]
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Filing 17
(ENTRY RESTRICTED) BRIEF by Dorothy E. Smith in electronic and paper format. Type of Brief: OPENING. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 07/11/2019. [1000545011] [19-1391] [Corrected brief filed at ECF entry 21]--[Edited 08/27/2019 by JSN] Lisa Shirley [Entered: 07/10/2019 06:30 PM]
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Filing 16
ORDER filed [1000522356] extending filing time for opening brief and appendix until 7/10/19. Number of days granted: 44. Opening brief and appendix due 07/10/2019. Response brief due 08/30/2019. Copies to all parties. [19-1391] TW [Entered: 05/31/2019 10:55 AM]
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Filing 15
Mediation conference data modified. LOGIN TO CMECF TO VIEW ATTACHED DOCS BEFORE CLICKING LINK. [19-1391] LP [Entered: 05/03/2019 02:01 PM]
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Filing 14
APPEARANCE OF COUNSEL by Charles W. Branham III for Dorothy E. Smith. [1000504913] [19-1391] Charles Branham [Entered: 05/01/2019 06:36 PM]
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Filing 13
Initial mediation conference scheduled. LOGIN TO CMECF TO VIEW ATTACHED DOCS BEFORE CLICKING LINK. [19-1391] LP [Entered: 05/01/2019 12:46 PM]
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Filing 12
NOTICE ISSUED re: case caption modified. [19-1391] JSN [Entered: 04/30/2019 10:32 AM]
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Filing 11
DOCKETING STATEMENT by Dorothy E. Smith. [19-1391] Lisa Shirley [Entered: 04/29/2019 06:27 PM]
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Filing 10
DISCLOSURE OF CORPORATE AFFILIATIONS by Dorothy E. Smith. Was any question on Disclosure Form answered yes? No [1000502877] [19-1391] Lisa Shirley [Entered: 04/29/2019 06:25 PM]
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Filing 9
APPEARANCE OF COUNSEL by Lisa W. Shirley for Dorothy E. Smith. [1000502876] [19-1391] Lisa Shirley [Entered: 04/29/2019 06:24 PM]
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Filing 8
DISCLOSURE OF CORPORATE AFFILIATIONS by Schlage Lock Company, LLC. Was any question on Disclosure Form answered yes? Yes [1000502692] [19-1391] Michael Drumke [Entered: 04/29/2019 03:39 PM]
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Filing 7
APPEARANCE OF COUNSEL by Michael W. Drumke for Schlage Lock Company, LLC. [1000502686] [19-1391] Michael Drumke [Entered: 04/29/2019 03:38 PM]
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Filing 6
APPEARANCE OF COUNSEL by Timothy W. Bouch for Schlage Lock Company, LLC. [1000501646] [19-1391] Timothy Bouch [Entered: 04/26/2019 03:46 PM]
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Filing 5
APPEARANCE OF COUNSEL by Yancey A. McLeod III for Schlage Lock Company, LLC. [1000501572] [19-1391] Yancey McLeod [Entered: 04/26/2019 03:08 PM]
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Filing 4
(ENTRY RESTRICTED) MOTION by Schlage Lock Company, LLC to Admission of Yancey A. McLeod III to practice before the United States Court of Appeals for the Fourth Circuit.. Date and method of service: 04/16/2019 ecf. [1000495016] [19-1391]--[Edited 04/16/2019 by JSN] Timothy Bouch [Entered: 04/16/2019 03:34 PM]
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Filing 3
BRIEFING ORDER filed. Opening Brief and Appendix due 05/28/2019. Response Brief due 06/24/2019. Mailed to: John Holden, Yancey McLeod.[19-1391] JSN [Entered: 04/15/2019 05:05 PM]
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Filing 2
DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 1:16-cv-00379-LCB-LPA. Mailed to: John Holden, Yancey McCleod. [19-1391] JSN [Entered: 04/15/2019 05:02 PM]
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Filing 1
Case docketed. Originating case number: 1:16-cv-00379-LCB-LPA. Case manager: JeffNeal. [19-1391] JSN [Entered: 04/15/2019 03:41 PM]
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