Fugate et al v. Boeing Co et al
| Hershell Fugate and Susan Fugate |
| Borg Warner Morse Tec Inc., CBS Corporation, Goodrich Corporation, Honeywell International Inc., Soco-West Inc., United Technologies Corporation, Boeing Co, Borg-Warner Corporation, Viacom Inc., Westinghouse Electric Corporation, Crown Cork & Seal Company Inc., Ford Motor Company, Genuine Parts Company, BF Goodrich Company, Higbee Inc., Allied Signal Inc., Bendix Corporation, IMO Industries Inc., McDonnell Douglas Corporation, Metropolitan Life Insurance Company, National Automotive Parts Association, Pneumo Abex Corporation, Brenntag West Inc., Soco-Lynch Corporation, Goodyear Tire & Rubber Company, Union Carbide Corporation and Pratt & Whitney |
| 1:2013cv00152 |
| January 29, 2013 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Sherry R Fallon |
| Sue L Robinson |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Notice of Removal-Asbestos Litigation |
| Both |
Docket Report
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SO ORDERED, re #118 Stipulation of Dismissal filed by United Technologies Corporation, ***Civil Case Terminated. Signed by Judge Sue L. Robinson on 1/2/2014. (fms)
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| Filing 118 STIPULATION of Dismissal of all Defendants by United Technologies Corporation. (Bradley, Paul) Modified on 12/23/2013 (lih). |
| Filing 117 Letter to The Honorable Sherry R. Fallon from Donald R. Kinsley, Esq. regarding Stipulation and Order of Dismissal for all Defendants. (Kinsley, Donald) |
| Filing 116 NOTICE OF SERVICE of Responses to Plaintiffs' First Set of Interrogatories, Requests for Production, and Requests for Admission with Verifications filed by Honeywell International Inc..(Florax, Joelle) |
| Filing 115 Letter to The Honorable Sherry R. Fallon from Donald E. Reid regarding Stipulation of Dismissal between Plaintiffs and Goodrich Corporation - re #113 Stipulation of Dismissal, #114 MOTION to Dismiss Based upon Plaintiffs Have Stipulated To Dismissal Of All Claims Against Goodrich Corporation. (Reid, Donald) |
| Filing 114 MOTION to Dismiss Based upon Plaintiffs Have Stipulated To Dismissal Of All Claims Against Goodrich Corporation - filed by Goodrich Corporation. (Attachments: #1 Text of Proposed Order Order of Dismissal As To Goodrich Corporation Only)Motions referred to Sherry R. Fallon.(Reid, Donald) |
| Filing 113 STIPULATION of Dismissal as to Goodrich Corporation only by Goodrich Corporation. (Reid, Donald) Modified on 12/19/2013 (lih). |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Telephone Conference held on 12/9/2013. (Court Reporter T. Carroll (Hawkins Reporting).) (lih) |
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ORAL ORDER- On or before December 23, 2013, the parties shall submit a joint letter addressing whether service of process remains in dispute for IMO Industries, Inc. If the matter has not been resolved, the letter should include a briefing schedule for a motion to dismiss by IMO Industries.On or before December 23, 2013, the parties shall submit a joint letter with a stipulated briefing schedule for Goodrich Corporation's pending motion to dismiss.On or before December 23, 2013, the parties shall submit a joint letter with a proposed amended scheduling order if the case dispositive motion deadline of January 31, 2014 and any other deadlines need to be moved due to outstanding discovery issues. Set Deadlines: ( Notice of Compliance deadline set for 12/23/2013.) Ordered by Judge Sherry R. Fallon on 12/9/2013. (lih)
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| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #108 . (lih) |
| Filing 112 Letter to The Honorable Sherry R. Fallon from Donald E. Reid regarding Update On Status Report - re #107 Status Report. (Reid, Donald) |
| Filing 111 NOTICE OF SERVICE of Plaintiffs' Bankruptcy Claim Forms with Medical Support provided via email to Donald R. Kinsley, Esquire on December 4, 2013 by Hershell Fugate.(Coffey, Diane) |
| Filing 110 NOTICE OF SUBSTITUTION OF COUNSEL re All Plaintiffs : Entry of appearance of attorney Diane M. Coffey. Attorney Kara Hager terminated. (Coffey, Diane) |
| Filing 109 NOTICE OF SERVICE of Plaintiffs' Discovery Materials Pursuant to Standing Order No. 1, As Amended, via Electronic Mail to Donald R. Kinsley, Esq. on December 2, 2013 by Hershell Fugate.(Coffey, Diane) |
| Filing 108 MOTION to Dismiss for Insufficiency of Process - filed by Goodrich Corporation. (Attachments: #1 Exhibit A, B, C and D)Motions referred to Sherry R. Fallon.(Reid, Donald) |
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SO ORDERED- re #106 STIPULATION TO EXTEND TIME for Case Dispositive Motions on Product Identification and Nexus. Signed by Judge Sherry R. Fallon on 12/3/2013. (lih)
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| Filing 107 Joint STATUS REPORT by United Technologies Corporation. (Bradley, Paul) |
| Filing 106 STIPULATION TO EXTEND TIME for Case Dispositive Motions on Product Identification and Nexus to January 31, 2014 - filed by United Technologies Corporation. (Bradley, Paul) |
| CORRECTING ENTRY: DI 106, 107, 108, 109 and 110 were removed from the docket. Counsel was instructed to refile just the Notice of Service for these documents. (cak) |
| Filing 105 NOTICE OF SERVICE of Plaintiff's Bankruptcy Claim Forms by Hershell Fugate.(Hager, Kara) |
| Filing 104 NOTICE of SERVICE OF INITIAL DISCLOSURES PURSUANT TO RULE 26(a)(1) by Ford Motor Company (Singewald, Christian) |
| Filing 103 NOTICE OF SERVICE of Initial Witness and Exhibit List by Boeing Co.(Oliva, Jennifer) |
| Filing 102 NOTICE OF SERVICE of Defendant The Goodyear Tire & Rubber Company's Initial Witness and Exhibit List by Goodyear Tire & Rubber Company.(Browning, Ryan) |
| Filing 101 NOTICE OF SERVICE of Initial Exhibit List by National Automotive Parts Association.(Bradley, Paul) |
| Filing 100 NOTICE OF SERVICE of Designation of Witnesses by National Automotive Parts Association.(Bradley, Paul) |
| Filing 99 NOTICE OF SERVICE of Initial Exhibit List by Genuine Parts Company.(Bradley, Paul) |
| Filing 98 NOTICE OF SERVICE of Designation of Witnesses by Genuine Parts Company.(Bradley, Paul) |
| Filing 97 NOTICE OF SERVICE of Initial Witness and Exhibit List by United Technologies Corporation.(Bradley, Paul) |
| Filing 96 NOTICE OF SERVICE of Initial Witness and Exhibit List by Crown Cork & Seal Company Inc..(Ahern, Andrew) |
| Filing 95 NOTICE OF SERVICE of Initial Witness and Exhibit List by Borg Warner Morse Tec Inc..(Donelson, Matthew) |
| Filing 93 NOTICE OF SERVICE of Defendant's Initial Individual Witness and Exhibit List by CBS Corporation.(Valocchi, Beth) |
| Filing 91 NOTICE OF SERVICE of Defendant's Initial Individual Witness and Exhibit List by Union Carbide Corporation.(Valocchi, Beth) |
| Filing 90 NOTICE OF SERVICE of Initial Witness and Exhibit List by Honeywell International Inc..(Florax, Joelle) |
| Filing 89 NOTICE OF SERVICE of Individual Witness and Exhibit Lists by Pneumo Abex Corporation.(Reese, C.) |
| CORRECTING ENTRY: Docket clerk has deleted D.I. 92 and 94, Exhibit and Witness Lists pursuant to L.R. 5.4 (b) Service Without Filing. (lih) |
| Filing 88 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Ford Motor Company.(Singewald, Christian) Modified on 8/22/2013 (lih). |
| Filing 87 NOTICE of Appearance by William Bruce Larson, Jr on behalf of Boeing Co, Goodyear Tire & Rubber Company (Larson, William) |
| Filing 86 NOTICE of Appearance by Bryan Patrick Smith on behalf of McDonnell Douglas Corporation (Smith, Bryan) |
| Filing 85 NOTICE of Appearance by Bryan Patrick Smith on behalf of Boeing Company, Boeing Co., Boeing Co, Boeing Company, The Boeing Company (Smith, Bryan) |
| Filing 84 NOTICE OF SERVICE of United Technologies Corporation's Bankruptcy Trust-Related Requests for Admission and Product Identification Requests for Admission Directed to Plaintiffs by United Technologies Corporation.(Bradley, Paul) |
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SO ORDERED- re #81 MOTION for Pro Hac Vice Appearance of Attorney Benjamin Bridges. Signed by Judge Sherry R. Fallon on 7/30/2013. (lih)
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SO ORDERED- re #82 MOTION for Pro Hac Vice Appearance of Attorney Susan S. Riechelson. Signed by Judge Sherry R. Fallon on 7/25/2013. (lih)
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SO ORDERED- re #83 MOTION for Pro Hac Vice Appearance of Attorney Catherine Payne. Signed by Judge Sherry R. Fallon on 7/25/2013. (lih)
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| Filing 83 MOTION for Pro Hac Vice Appearance of Attorney Catherine Payne, Esquire - filed by Genuine Parts Company, National Automotive Parts Association. (Attachments: #1 Certification of Catherine Payne, Esquire)Motions referred to Sherry R. Fallon.(Bradley, Paul) |
| Filing 82 MOTION for Pro Hac Vice Appearance of Attorney Susan S. Riechelson - filed by Honeywell International Inc.. (Attachments: #1 Certification of Counsel)Motions referred to Sherry R. Fallon.(Florax, Joelle) |
| Filing 81 MOTION for Pro Hac Vice Appearance of Attorney Benjamin Bridges - filed by CBS Corporation. Motions referred to Sherry R. Fallon.(Valocchi, Beth) (Main Document 81 replaced on 7/23/2013) (lih). |
| Filing 80 MOTION for Pro Hac Vice Appearance of Attorney Clay Massey - filed by Union Carbide Corporation. Motions referred to Sherry R. Fallon.(Valocchi, Beth) |
| Filing 79 MOTION for Pro Hac Vice Appearance of Attorney Jennifer R. Burbine - filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice of Jennifer R. Burbine, #2 Certification of Counsel to be Admitted Pro Hac Vice)Motions referred to Sherry R. Fallon.(Singewald, Christian) |
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SO ORDERED- re #79 MOTION for Pro Hac Vice Appearance of Attorney Jennifer R. Burbine. Signed by Judge Sherry R. Fallon on 7/23/2013. (lih)
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| CORRECTING ENTRY: D.I. 81 has been replaced with a revised version of the document to include the case caption. (lih) |
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SO ORDERED- re #80 MOTION for Pro Hac Vice Appearance of Attorney Clay Massey. Signed by Judge Sherry R. Fallon on 7/23/2013. (lih)
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| Filing 78 MOTION for Pro Hac Vice Appearance of Attorney Kardon A. Stolzman - filed by Hershell Fugate, Susan Fugate. (Attachments: #1 Exhibit Certification of Counsel)Motions referred to Sherry R. Fallon.(Hager, Kara) |
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Filing 77
ORDER ADOPTING REPORT AND RECOMMENDATIONS #68 granting #23 Motion to Dismiss. Plaintiffs' request for leave to conduct jurisdictional discovery is denied #25 . Signed by Judge Sue L. Robinson on 7/19/2013. (nmfn)
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| Filing 76 MOTION for Pro Hac Vice Appearance of Attorney W. Clay Massey, Esquire - filed by Genuine Parts Company, National Automotive Parts Association. (Attachments: #1 Certification of W. Clay Massey, Esquire)Motions referred to Sherry R. Fallon.(Bradley, Paul) |
| Filing 75 MOTION for Pro Hac Vice Appearance of Attorney Lillian C. Ma, Esquire - filed by United Technologies Corporation. (Attachments: #1 Certification of Lillian C. Ma, Esquire)Motions referred to Sherry R. Fallon.(Bradley, Paul) |
| Filing 74 NOTICE of SERVICE of Plaintiff's medical and employment records were served upon the Defense Coordinating Counsel via hand delivery on June 7, 2013 by United Technologies Corporation (Bradley, Paul) |
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SO ORDERED- re #75 MOTION for Pro Hac Vice Appearance of Attorney Lillian C. Ma, #76 MOTION for Pro Hac Vice Appearance of Attorney W. Clay Massey, #78 MOTION for Pro Hac Vice Appearance of Attorney Kardon A. Stolzman. Signed by Judge Sherry R. Fallon on 7/19/2013. (lih)
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| Filing 73 Amended NOTICE of Deposition of Hershel Fugate to take place July 24, 2013 and continue to July 25 and July 26, 2013 if necessary to complete by United Technologies Corporation (Bradley, Paul) |
| Filing 72 Amended NOTICE of Deposition of Hershel Fugate to reflect location by United Technologies Corporation (Bradley, Paul) |
| Filing 71 NOTICE of Service of Defendants' Joint Witness and Exhibit List by United Technologies Corporation (Bradley, Paul) |
| CORRECTING ENTRY: Docket clerk has deleted Witness List (formerly D.I. 71) due to document being filed prematurely. (lih) |
| Filing 70 NOTICE to Take Deposition of Hershel Fugate on July 24, 2013 by Hershell Fugate, Susan Fugate.(Hager, Kara) |
| Filing 69 NOTICE of Deposition of Hershel Fugate on July 24, 2013 by United Technologies Corporation (Bradley, Paul) |
| Filing 68 REPORT AND RECOMMENDATIONS- GRANTING #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 7/8/2013. Signed by Judge Sherry R. Fallon on 6/20/2013. (lih) |
| Filing 67 Exhibit List. (lih) |
| Filing 66 Letter to The Honorable Magistrate Judge Sherry R. Fallon from Eileen M. Ford, Esquire regarding Correction To The Record Relating To the Oral Argument On June 19, 2013. (Ford, Eileen) |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 6/19/2013 re #23 MOTION to Dismiss. (Court Reporter H. Triozzi (Hawkins Reporting).) (lih) |
| Filing 65 ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim , ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim , ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim by National Automotive Parts Association.(Bradley, Paul) |
| Filing 64 ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim , ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim , ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim by Genuine Parts Company.(Bradley, Paul) |
| Filing 63 ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim , ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim , ANSWER to #16 Answer to Complaint (Notice of Removal), Crossclaim, #25 Answer to Complaint (Notice of Removal), Crossclaim, #43 Answer to Complaint (Notice of Removal), Crossclaim by United Technologies Corporation.(Bradley, Paul) |
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ORAL ORDER- IT IS HEREBY ORDERED that: the Oral Argument set in this matter for 6/19/2013 shall take place in Courtroom 6C, on the 6th floor of the United States District Court for the District of Delaware. Ordered by Judge Sherry R. Fallon on 6/5/2013. (lih)
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| Filing 62 NOTICE of Appearance by Jason A. Cincilla on behalf of Goodyear Tire & Rubber Company (Cincilla, Jason) |
| Filing 61 Disclosure Statement pursuant to Rule 7.1 filed by Goodyear Tire & Rubber Company. (Browning, Ryan) |
| Filing 60 NOTICE of Appearance by Amaryah K. Bocchino on behalf of Goodyear Tire & Rubber Company (Bocchino, Amaryah) |
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Filing 59
ORDER- On or before 6/12/2013, Plaintiffs shall file with the Clerk of Court a request for entry of default in appearance for any Defendant who has been properly served but has not filed a responsive pleading. Set Deadlines: ( Notice of Compliance deadline set for 6/12/2013.) Signed by Judge Sherry R. Fallon on 5/28/2013. (lih)
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| Filing 58 NOTICE OF SERVICE of Initial Rule 26(a)(1) Disclosure by Crown Cork & Seal Company Inc..(Ahern, Andrew) |
| Filing 57 NOTICE OF SERVICE of Defendant The Goodyear Tire & Rubber Company's Initial Disclosures by Goodyear Tire & Rubber Company.(Browning, Ryan) |
| Filing 56 Letter to The Honorable Magistrate Judge Sherry R. Fallon from Kara A. Hager regarding Entry of Default Judgments. (Attachments: #1 Affidavit of Service of Soco-West, Inc., #2 Affidavit of Service of Goodrich Corporation)(Hager, Kara) Modified on 5/3/2013 (lih). |
| Filing 55 NOTICE OF SERVICE of The Boeing Company's Rule 26(a)(1) Initial Disclosures by Boeing Co.(Oliva, Jennifer) |
| Filing 54 Letter to The Honorable Magistrate Judge Sherry R. Fallon from Eileen M. Ford, Esquire regarding Status Update To Court - Service on IMO. (Attachments: #1 Affidavit of Due Diligence)(Ford, Eileen) |
| Filing 53 NOTICE OF SERVICE of Initial Rule 26(a)(1) Disclosures by Borg Warner Morse Tec Inc..(Donelson, Matthew) |
| Filing 52 NOTICE OF SERVICE of Plaintiffs' Rule 26 Disclosures by Hershell Fugate, Susan Fugate.(Hager, Kara) |
| Filing 51 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by United Technologies Corporation.(Bradley, Paul) |
| Filing 50 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Genuine Parts Company.(Bradley, Paul) |
| Filing 49 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by National Automotive Parts Association.(Bradley, Paul) |
| Filing 48 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Honeywell International Inc..(Florax, Joelle) |
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ORAL ORDER- Due to a conflict with the Court's calendar, IT IS HEREBY ORDERED that: the Oral Argument set in this matter for 5/23/2013 before Judge Sherry R. Fallon is RESCHEDULED to 6/19/2013 at 10:00 AM. Ordered by Judge Sherry R. Fallon on 4/30/2013. (lih)
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| Filing 47 NOTICE OF SERVICE of disclosures pursuant to Rule 26(a)(1) by Union Carbide Corporation.(Valocchi, Beth) |
| Filing 46 NOTICE OF SERVICE of initial disclosures pursuant to Rule 26(a)(1) by CBS Corporation.(Valocchi, Beth) |
| CORRECTING ENTRY: The text of D.I. 44 has been modified to correct the name of the attorney entering their appearance. (lih) |
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SO ORDERED- re #45 Proposed SCHEDULING Order. Set SCHEDULING ORDER deadlines: ( Joinder of Parties due by 7/12/2013., Amended Pleadings due by 7/12/2013., Discovery due by 12/23/2013., Status Report due by 11/27/2013., A Status Conference is set for 12/9/2013 at 09:00 AM before Judge Sherry R. Fallon, Dispositive Motions due by 12/20/2013.) (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 4/25/2013. (lih)
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| CORRECTING ENTRY: The Scheduling Order attached to D.I. 42 has been removed and re-filed separately. It is requested that counsel file the Proposed Scheduling Order separately in the future. (lih) |
| Filing 44 NOTICE of Appearance by Ryan W. Browning on behalf of Boeing Co, Goodyear Tire & Rubber Company (Oliva, Jennifer) Modified on 4/29/2013 (lih). |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Telephone Conference held on 4/25/2013. (Court Reporter T. Carroll.) (lih) |
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ORAL ORDER- On or before Thursday, May 2, 2013, Plaintiffs' counsel shall advise the court by letter as to why a default in appearance should not be entered as to any Defendant that has been properly served but has not filed a responsive pleading. The letter shall include proof of service for such Defendant(s). Ordered by Judge Sherry R. Fallon on 4/25/2013. (lih)
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ORAL ORDER- IT IS HEREBY ORDERED that: the Court will hear Oral Argument re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person on 5/23/2013 at 10:00 AM before Judge Sherry R. Fallon. Counsel shall collectively have one hour to present argument. The location of the oral argument shall be determined at a later time. Ordered by Judge Sherry R. Fallon on 4/24/2013. (lih)
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| Filing 43 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Boeing Co. (Attachments: #1 Certificate of Service)(Oliva, Jennifer) |
| Filing 45 PROPOSED Scheduling ORDER. (lih) |
| Filing 42 Letter to the Honorable Sherry R. Fallon from Paul A. Bradley regarding Proposed Scheduling Order and Rule 16(b) Scheduling Conference on April 25, 2013 at 11 a.m. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Bradley, Paul) |
| Filing 41 REQUEST for Oral Argument by Higbee Inc. re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person . (Attachments: #1 Text of Proposed Order)(Ford, Eileen) Modified on 4/10/2013 (lih). |
| CORRECTING ENTRY: The text of D.I. 41 has been modified to condense the text of the entry. (lih) |
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ORAL ORDER SETTING RULE 16(b) CONFERENCE: IT IS HEREBY ORDERED that: (1) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) will be held on Thursday, April 25, 2013, at 11:00 a.m. Counsel for Plaintiff shall organize and initiate the teleconference to the Chambers of Sherry R. Fallon at 302-573-4557. (2) The parties are required to prepare for the teleconference by conferring on all matters under Rule 16 and D. Del. LR 16 and shall submit a proposed Scheduling Order to the Court no later than April 22, 2013. The Court's form asbestos scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Fallon, Forms). If the parties have any suggestions or modifications to the standard Scheduling Order, they may be included in the proposed order for consideration by the Court. (3) If any disputed issue exists regarding the proposed Scheduling Order, it shall be noted therein, along with the parties proposed language on the issue for consideration by the Court. Ordered by Judge Sherry R. Fallon on 3/27/2013. (lih)
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| Corporate Affiliates/Parents added per Disclosure Statement: identifying Other Affiliate State Street Bank and Trust Company for Boeing Co. (Oliva, Jennifer) |
| DISCLOSURE STATEMENT NOTICE re #40 Amended Disclosure Statement : In conjunction with the disclosure statement docketed in this action, corporate parents and other affiliates should be added to the case. The event code ADD CORPORATE AFFILIATES/PARENTS, found in the OTHER DOCUMENTS list, should be used to add this information. (lih) |
| Filing 40 Amended Disclosure Statement pursuant to Rule 7.1 filed by Boeing Co. (Oliva, Jennifer) |
| Filing 39 Disclosure Statement pursuant to Rule 7.1 filed by Crown Cork & Seal Company Inc. identifying Corporate Parent Crown Holding, Inc. for Crown Cork & Seal Company Inc... (Ahern, Andrew) |
| Filing 38 NOTICE of Appearance by Andrew G. Ahern, III on behalf of Crown Cork & Seal Company Inc. (Ahern, Andrew) |
| Filing 37 NOTICE OF SUBSTITUTION OF COUNSEL re Boeing Co, McDonnell Douglas Corporation: Entry of appearance of attorney Amaryah K. Bocchino. Attorney Christian J. Singewald terminated. (Bocchino, Amaryah) |
| Filing 36 NOTICE OF SUBSTITUTION OF COUNSEL re Boeing Co, McDonnell Douglas Corporation: Entry of appearance of attorney Melissa L. Troutner. Attorney Christian J. Singewald terminated. (Troutner, Melissa) |
| Filing 35 NOTICE OF SUBSTITUTION OF COUNSEL re Boeing Co, McDonnell Douglas Corporation: Entry of appearance of attorney Jennifer Danella Oliva. Attorney Christian J. Singewald terminated. (Oliva, Jennifer) |
| Filing 34 NOTICE OF SUBSTITUTION OF COUNSEL re Boeing Co, McDonnell Douglas Corporation: Entry of appearance of attorney Amaryah K. Bocchino. Attorney Christian J. Singewald terminated. (Bocchino, Amaryah) |
| Filing 33 NOTICE OF SERVICE of Plaintiff's Answers to United Technologies Corporation's First Set of Interrogatories and Requests for Production of Documents by Hershell Fugate, Susan Fugate.(Hager, Kara) |
| Filing 32 NOTICE OF SUBSTITUTION OF COUNSEL re Boeing Co, McDonnell Douglas Corporation: Entry of appearance of attorney Jason A. Cincilla. Attorney Christian J. Singewald terminated. (Cincilla, Jason) |
| Filing 31 STATUS REPORT by Hershell Fugate, Susan Fugate. (Hager, Kara) |
| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. # 30. (lih) |
| Filing 30 REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Higbee Inc.. (Attachments: #1 Certificate of Service)(Ford, Eileen) Modified on 3/12/2013 (lih). |
| Filing 29 NOTICE of Appearance by Matthew P. Donelson on behalf of Borg Warner Morse Tec Inc. (Donelson, Matthew) |
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Filing 28
ORDER- Within fourteen (14) days of the date of this Order: (1) Plaintiff(s) shall submit a statement to the Court that: (a) identifies those Defendants who have not yet been served with the Complaint; (b) identifies those Defendants who have been served with the Complaint but have not yet filed an Answer; (c) provides any reason why a Rule 16 conference should not occur within 30 days of the date of its submission; and (d) notes any other pending matters which require judicial action. Set deadline: ( Notice of Compliance deadline set for 3/19/2013.) (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 3/5/2013. (lih)
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| Filing 27 RESPONSE to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Hershell Fugate, Susan Fugate. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hager, Kara) Modified on 3/5/2013 (lih). |
| Filing 26 Disclosure Statement pursuant to Rule 7.1 filed by Honeywell International Inc. identifying Corporate Parent Allied Signal Inc./Bendix for Honeywell International Inc... (Florax, Joelle) |
| Filing 25 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Honeywell International Inc.. (Attachments: #1 Certificate of Service)(Florax, Joelle) |
| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. # 23 and 24. (lih) |
| Filing 24 OPENING BRIEF in Support re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Higbee Inc..Answering Brief/Response due date per Local Rules is 3/4/2013. (Attachments: #1 Exhibit A and B )(Ford, Eileen) Modified on 2/14/2013 (lih). |
| CORRECTING ENTRY: Deputy clerk has deleted notice of motion attached to D.I. 23 as the notice is not required. Deputy clerk has also deleted Opening Brief and Exhibits A & B to the opening brief due to documents being filed improperly. It is requested that counsel re-file the documents separately using the OPENING BRIEF IN SUPPORT event code. (lih) |
| Filing 23 MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by Higbee Inc.. (Attachments: #, #2 Text of Proposed Order Motions referred to Sherry R. Fallon.(Ford, Eileen) Modified on 2/14/2013 (lih). |
| Filing 22 NOTICE of Appearance by Eileen M. Ford on behalf of Higbee Inc. (Ford, Eileen) |
| Filing 21 NOTICE of Appearance by Megan Trocki Mantzavinos on behalf of Higbee Inc. (Mantzavinos, Megan) |
| Filing 20 NOTICE OF SERVICE of First Set of Interrogatories and Request for Production of Documents Directed to Plaintiff by United Technologies Corporation.(Bradley, Paul) |
| Filing 19 Disclosure Statement pursuant to Rule 7.1 filed by CBS Corporation identifying Other Affiliate Viacom Inc., Other Affiliate National Amusements Inc. for CBS Corporation.. (Valocchi, Beth) |
| Filing 18 NOTICE of Appearance by Beth E. Valocchi on behalf of CBS Corporation (Valocchi, Beth) |
| Filing 17 Disclosure Statement pursuant to Rule 7.1 filed by Union Carbide Corporation identifying Other Affiliate The Dow Chemical Company for Union Carbide Corporation.. (Valocchi, Beth) |
| Filing 16 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Parties by Union Carbide Corporation. (Valocchi, Beth) |
| Filing 15 Disclosure Statement pursuant to Rule 7.1 filed by Boeing Co. (Singewald, Christian) |
| Filing 14 NOTICE of Appearance by Christian J. Singewald on behalf of Boeing Co (Singewald, Christian) |
| Filing 13 NOTICE of Appearance by Christian J. Singewald on behalf of McDonnell Douglas Corporation (Singewald, Christian) |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon. Signed by Judge Sue L. Robinson on 2/7/2013. (nmfn)
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| Filing 11 NOTICE of Appearance by Stephanie Ann Fox on behalf of National Automotive Parts Association (Fox, Stephanie) |
| Filing 10 NOTICE of Appearance by Stephanie Ann Fox on behalf of Genuine Parts Company (Fox, Stephanie) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1 filed by National Automotive Parts Association. (Bradley, Paul) |
| Filing 8 Disclosure Statement pursuant to Rule 7.1 filed by Genuine Parts Company. (Bradley, Paul) |
| Filing 7 NOTICE of Appearance by Paul A. Bradley on behalf of National Automotive Parts Association (Bradley, Paul) |
| Filing 6 NOTICE of Appearance by Paul A. Bradley on behalf of Genuine Parts Company (Bradley, Paul) |
| Filing 5 NOTICE of Appearance by Joelle Florax on behalf of Honeywell International Inc. (Florax, Joelle) |
| Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb) |
| Filing 4 NOTICE of Appearance by C. Scott Reese on behalf of Pneumo Abex Corporation (Reese, C.) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1 filed by United Technologies Corporation. (dmp, ) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (dmp, ) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from Superior Court of the State of Delaware in and for the County of New Castle, Case Number N12C-12-020 ASB (Filing fee $350, receipt number 311-1217431)- filed by United Technologies Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Certificate of Service)(dmp, ) |
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