Bellomo et al v. Air & Liquid Systems, Inc. et al
| Gerald Bellomo and Maureen Bellomo |
| Air & Liquid Systems, Inc., Alfa Laval Inc, Eaton Corp., Elliot Company, Foster Wheeler LLC and General Electric Company |
| Crane Co. |
| 3:2021cv01669 |
| December 16, 2021 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 58 First MOTION to Dismiss Air & Liquid Systems, Inc. by Gerald Bellomo, Maureen Bellomo.Responses due by 2/28/2022 (Meisenkothen, Christopher) |
| Filing 57 First MOTION to Dismiss Foster Wheeler, LLC by Gerald Bellomo, Maureen Bellomo.Responses due by 2/28/2022 (Meisenkothen, Christopher) |
| Filing 56 WITHDRAWAL of Claim re #11 Answer to Complaint (Notice of Removal), Crossclaim against all defendants by Crane Co.. (Lyons, Thomas) |
| NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 02/11/2022 at 4:00 pm before Judge Sarala V. Nagala. Please use the following dial-in information for the call. Dial 888-363-4734 (USA Toll-Free) or 215-446-3656 (USA Caller Paid/International Toll), Access Code 9846829. Signed by Judge Sarala V. Nagala on 2/7/22.(Marks, Joshua) |
| Filing 55 First MOTION to Dismiss Crane Co. by Gerald Bellomo, Maureen Bellomo.Responses due by 2/25/2022 (Meisenkothen, Christopher) |
| Filing 54 First MOTION to Dismiss Alfa Laval, Inc. by Gerald Bellomo, Maureen Bellomo.Responses due by 2/25/2022 (Meisenkothen, Christopher) |
| Filing 53 First MOTION to Dismiss Eaton Corporation by Gerald Bellomo, Maureen Bellomo.Responses due by 2/25/2022 (Meisenkothen, Christopher) |
| Filing 52 First NOTICE by Alfa Laval Inc of Withdrawal of Joinder (Hadfield, Kevin) |
| Filing 51 NOTICE of Withdrawal of Joinder in Removal by Air & Liquid Systems, Inc.(individually and as) re #31 Notice (Other) Of Joinder in the Removal of this Action (Felice, John) Modified on 2/3/2022 to correct title of document (Bozek, M.). |
| Filing 50 NOTICE by Foster Wheeler LLC re #22 Notice (Other), Withdrawal of Notice of Joinder (Kincaid, Kelly) |
Filing 49
ORDER denying Plaintiffs' Second Motion to Remand to State Court (ECF No. #45 ). This case was removed under 28 U.S.C. 1442. (See ECF No 1 at 1). Unlike removal under 28 U.S.C. 1441(a), removal under 1442 "does not need to be joined by all defendants." Perkins v. Air & Liquid Sys. Corp., No. 13 CIV. 08561 CM RLE, 2014 WL 1389750, at *1 (S.D.N.Y. Apr. 8, 2014). Rather, "since the federal officer is the only one entitled to remove under 1442, he alone can remove without other defendants joining in the petition, and the entire case is removed to the federal court." Ely Valley Mines, Inc. v. Hartford Acc. & Indem. Co., 644 F.2d 1310, 1315 (9th Cir. 1981). This is true even where "some persons entitled to join in the removal petition did not." Bradford v. Harding, 284 F.2d 307, 310 (2d Cir. 1960). Once the case is properly removed by one defendant, that is "sufficient to remove the entire case" against all defendants. Hilbert v. McDonnell Douglas Corp., 529 F. Supp. 2d 187, 195 (D. Mass. 2008); see also Torres v. CBS News, 854 F. Supp. 245, 246 n.2 (S.D.N.Y. 1994) ("When a federal officer removes a case under 1442, 'the entire case against all defendants, federal and non-federal, is removed to federal court regardless of the wishes of his (sic.) co-defendants.'") (quoting Arango v. Guzman Travel Advisors Corp., 621 F.2d 1371, 1376 (5th Cir. 1980)). Therefore, regardless of whether Defendant Eaton Corporation has joined in the removal of this action, if the Court decides this action has been properly removed by one federal officer Defendant, the entire case has been properly removed. The issue of whether the entire case is properly removed remains pending before the Court. See ECF No. #39 . Meanwhile, Plaintiffs' Second Motion for Remand as to Defendant Eaton Corporation is DENIED. Signed by Judge Sarala V. Nagala on 2/1/22. (Marks, Joshua)
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Filing 48
ORDER denying, without prejudice, Plaintiffs' Motion to Cite In Party Defendant (ECF No. #18 ). The Court interprets Plaintiffs' Motion to Cite in Party Defendant as one for leave to amend the complaint. A Plaintiff seeking to amend their complaint must comply with Federal Rule of Civil Procedure 15 and Local Rule of Civil Procedure 7(f). These requirements include a statement of the opposing parties' position on the motions, as well as clean and redlined versions of the amended complaint. Plaintiffs' Motion to Cite in Party Defendant does not contain those documents. If Plaintiffs still wish to amend their complaint, they are free to file a motion that complies with the aforementioned requirements after the Court rules on the pending motion to remand. Signed by Judge Sarala V. Nagala on 2/1/22. (Marks, Joshua)
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Filing 47
NOTICE. The Court has received and reviewed the parties 26(f) report (ECF No #38 ) and will issue a scheduling order after it receives full briefing on and decides the pending motion for remand (ECF No. #39 ). Signed by Judge Sarala V. Nagala on 2/1/22. (Marks, Joshua)
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| Set Deadline as to #39 MOTION to Remand to State Court . Responses due by 2/17/2022. See 46 Order. (Bozek, M.) |
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Filing 46
ORDER granting Defendants' Motion For Extension of Time (ECF No. #44 ). Defendants shall file any opposition to Plaintiffs' motion to remand no later than February 17, 2022. Signed by Judge Sarala V. Nagala on 1/31/22. (Marks, Joshua)
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| Filing 45 Second MOTION to Remand to State Court Eaton Corporation by Gerald Bellomo, Maureen Bellomo.Responses due by 2/18/2022 (Meisenkothen, Christopher) |
| Filing 44 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Remand to State Court until 2/17/22 by Crane Co.. (Lyons, Thomas) |
| Filing 43 NOTICE of Appearance by Gregory Alan Hall on behalf of General Electric Company (Hall, Gregory) |
| Filing 42 NOTICE by Eaton Corp. re #37 Notice (Other) Eaton Hydraulics LLC, successor by merger to Eaton Hydraulics Inc. (formerly known as Vickers, Incorporated) (incorrectly sued as Eaton Corp. (as successor in interest to Vickers Pump) Withdrawal of Notice of Joinder (Vellucci, Margreta) |
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Filing 41
ORDER granting #40 Motion to Withdraw as Attorney. Attorney Larry Emmanuel Grijalva terminated. Signed by Judge Sarala V. Nagala on 1/24/22. (Marks, Joshua)
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| Filing 40 MOTION for Larry E. Grijalva to Withdraw as Attorney by General Electric Company. (Grijalva, Larry) |
| Filing 39 MOTION to Remand to State Court by Gerald Bellomo, Maureen Bellomo.Responses due by 2/3/2022 (Attachments: #1 Memorandum in Support Memo of Law in Support of Plaintiffs' Motion for Remand)(Meisenkothen, Christopher) |
| Filing 38 REPORT of Rule 26(f) Planning Meeting. (Meisenkothen, Christopher) |
| Filing 37 NOTICE by Eaton Corp. Eaton Hydraulics LLC, successor by merger to Eaton Hydraulics Inc. (formerly known as Vickers, Incorporated) of Joinder in this Action (Vellucci, Margreta) |
| Filing 36 NOTICE by Alfa Laval Inc re #1 Notice of Removal,, Joinder in Notice of Removal (Hadfield, Kevin) |
| Filing 35 ANSWER to Complaint with Special Defenses with Jury Demand Eaton Hydraulics LLC, successor by merger to Eaton Hydraulics Inc. (formerly known as Vickers, Incorporated) (incorrectly sued as Eaton Corp. (as successor in interest to Vickers Pump) by Eaton Corp..(Vellucci, Margreta) |
| Filing 34 Corporate Disclosure Statement Eaton Hydraulics LLC, successor by merger to Eaton Hydraulics Inc. (formerly known as Vickers, Incorporated) (incorrectly sued as Eaton Corp. (as successor in interest to Vickers Pump)). by Eaton Corp.. (Vellucci, Margreta) |
| Filing 33 NOTICE of Appearance by Margreta Vellucci on behalf of Eaton Corp. Eaton Hydraulics LLC, successor by merger to Eaton Hydraulics Inc. (formerly known as Vickers, Incorporated) (incorrectly sued as Eaton Corp. (as successor in interest to Vickers Pump)). (Vellucci, Margreta) |
| Filing 32 NOTICE by General Electric Company of Joinder in the Removal of this Action (Attachments: #1 Exhibit A)(Mohan, Catherine) |
| Filing 31 NOTICE by Air & Liquid Systems, Inc. Of Joinder in the Removal of this Action (Felice, John) |
| Filing 30 Corporate Disclosure Statement by Alfa Laval Inc identifying Corporate Parent Alfa Laval Inc. AB for Alfa Laval Inc. (Hadfield, Kevin) |
| Filing 29 ANSWER to Complaint with Affirmative Defenses by Alfa Laval Inc.(Hadfield, Kevin) |
| Filing 28 ANSWER to Complaint with Affirmative Defenses with Jury Demand , CROSSCLAIM against All Defendants by Air & Liquid Systems, Inc..(Felice, John) |
| Filing 27 NOTICE of Appearance by Kevin W. Hadfield on behalf of Alfa Laval Inc (Hadfield, Kevin) |
| Filing 26 Corporate Disclosure Statement by Air & Liquid Systems, Inc.. (Felice, John) |
| Filing 25 NOTICE of Appearance by Larry Emmanuel Grijalva on behalf of General Electric Company (Grijalva, Larry) |
| Filing 24 Foster Wheeler LLC ANSWER to #11 Answer to Complaint (Notice of Removal), Crossclaim, #21 Answer to Complaint, Crossclaim , ANSWER to #11 Answer to Complaint (Notice of Removal), Crossclaim, #21 Answer to Complaint, Crossclaim , CROSSCLAIM against General Electric Company by Foster Wheeler LLC.(Kincaid, Kelly) |
| Filing 23 Corporate Disclosure Statement by Foster Wheeler LLC identifying Corporate Parent Foster Wheeler LLC for Foster Wheeler LLC. (Kincaid, Kelly) |
| Filing 22 NOTICE by Foster Wheeler LLC OF JOINDER IN THE REMOVAL OF THIS ACTION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Kincaid, Kelly) |
| Filing 21 ANSWER to Complaint with Affirmative Defenses , CROSSCLAIM against All Defendants by General Electric Company.(Mohan, Catherine) |
| Filing 20 Corporate Disclosure Statement by General Electric Company. (Mohan, Catherine) |
| Filing 19 NOTICE of Appearance by Catherine A. Mohan on behalf of General Electric Company (Mohan, Catherine) |
| Filing 17 NOTICE of Appearance by Wayne E. George on behalf of Elliot Company (George, Wayne) |
| Filing 16 Corporate Disclosure Statement by Elliot Company identifying Corporate Parent Ebara Corporation, Other Affiliate Elliott Group Holdings, Inc. for Elliot Company. (D'Agostino, Michael) |
| Filing 15 ANSWER to Complaint with Affirmative Defenses by Elliot Company.(D'Agostino, Michael) |
| Filing 14 NOTICE of Appearance by Kelly A. Kincaid on behalf of Foster Wheeler LLC (Kincaid, Kelly) |
| Filing 13 NOTICE of Appearance by James R. Oswald on behalf of Foster Wheeler LLC (Oswald, James) |
| Filing 12 NOTICE of Appearance by Michael C. D'Agostino on behalf of Elliot Company (D'Agostino, Michael) |
| Filing 11 ANSWER to Complaint (Notice of Removal) , CROSSCLAIM against Air & Liquid Systems, Inc., Alfa Laval Inc, Eaton Corp., Elliot Company, Foster Wheeler LLC, General Electric Company by Crane Co..(Lyons, Thomas) |
| Filing 18 MOTION to Cite in Party Defendant by Gerald Bellomo, Maureen Bellomo.Responses due by 1/6/2022. (Attachments: #1 Memorandum of Law in Support)(Bozek, M.) |
| Filing 10 NOTICE of Appearance by Brian M. Gibbons on behalf of Air & Liquid Systems, Inc. (Gibbons, Brian) |
| Filing 9 NOTICE of Appearance by John R Felice on behalf of Air & Liquid Systems, Inc. (Felice, John) |
| Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Notice of Appearance filed by Crane Co., #1 Notice of Removal,, filed by Crane Co., #5 Electronic Filing Order, #3 Corporate Disclosure Statement filed by Crane Co., #6 Standing Protective Order, #4 Order on Pretrial Deadlines Signed by Clerk on 12/16/2021. (Attachments: #1 Removal Standing Order)(Fazekas, J.) Modified on 12/16/2021 to edit text(Fazekas, J.). |
| Filing 7 NOTICE by Crane Co. Notice of Pending Motions (Attachments: #1 Exhibit)(Lyons, Thomas) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 12/16/2021.(Fazekas, J.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 12/16/2021.(Fazekas, J.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 2/14/2022. Discovery due by 6/17/2022. Dispositive Motions due by 7/22/2022. Signed by Clerk on 12/16/2021.(Fazekas, J.)
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| Filing 3 Corporate Disclosure Statement by Crane Co.. (Lyons, Thomas) |
| Filing 2 NOTICE of Appearance by Thomas N. Lyons on behalf of Crane Co. (Lyons, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Crane Co. from Bridgeport Superior Court, case number FBT-CV-21-6111431-S. Filing fee $ 402 receipt number ACTDC-6760677, filed by Crane Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (1 of 6), #4 Exhibit 3 (2 of 6), #5 Exhibit 3 (3 of 6), #6 Exhibit 3 (4 of 6), #7 Exhibit 3 (5 of 6), #8 Exhibit 3 (6 of 6), #9 Exhibit 4 (1 of 5), #10 Exhibit 4 (2 of 5), #11 Errata 4 (3 of 5), #12 Exhibit 4 (4 of 5), #13 Exhibit 4 (5 of 5), #14 Exhibit 5)(Lyons, Thomas) |
| Judge Sarala V. Nagala added. (Walker, J.) |
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