Gilbert et al v. Aurora Pump Company et al
| Anne Gilbert and Donald Gilbert |
| SB Decking, Inc.., Blackmer Pump Company, Cytec Industries, Inc., Viking Pump, Inc., ITT Corporation, Shell Oil Company, Union Carbide Corporation, EWB Corporation, General Electric Company, Aurora Pump Company, Metropolitan Life Insurance Company, Velan Valve Corporation, Crane Co., Cleaver-Brooks, Inc., Warren Pumps, LLC, CBS Corporation, Henkel Corporation, IMO Industries, Inc., The William Powell Company, Weir Valves & Controls USA, Inc., Cleaver-Brooks, Inc. formerly known as Aqua-chem, Inc. doing business as Cleaver-Brooks, Aqua-chem, Inc., Selby Battersby & Co, Westinghouse Electric Corporation, W. Bliss Company, Viacom, Inc. and ITT Industries, Inc. |
| 1:2019cv00011 |
| January 4, 2019 |
| U.S. District Court for the District of Delaware |
| Sherry R Fallon |
| Maryellen Noreika |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 65 MOTION to Amend/Correct - filed by Anne Gilbert. (Attachments: # #4 7.1.1 Statement, #5 Text of Proposed Order Proposed Order)Motions referred to Sherry R. Fallon.(deBruin, David) Modified on 5/3/2019 (lih). |
| Filing 64 NOTICE OF SERVICE of 22 slides and 13 blocks created by Dr. John Maddox from lung retrieval of Decendent, Donald Gilbert filed by Aurora Pump Company.(deBruin, David) |
Filing 63
SO ORDERED re #62 Stipulation of Dismissal. Party IMO Industries, Inc. (sued individually and as successor-in-interest to DELAVAL TURBINE, INC. and successor-in-interest to C. H. WHEELER MANUFACTURING COMPANY) terminated. Attorney Eileen M. Ford and Megan Trocki Mantzavinos terminated. Signed by Judge Maryellen Noreika on 3/29/2019. (dlw)
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| Filing 62 STIPULATION of Dismissal WITH PREJUDICE by IMO Industries, Inc.. (Ford, Eileen) Modified on 3/29/2019 (lih). |
| Filing 61 NOTICE OF SERVICE of Initial Witness and Exhibit List and Notice of Adoption filed by Donald Gilbert.(deBruin, David) |
| Filing 60 NOTICE OF SERVICE of Pathology Slides filed by Donald Gilbert.(deBruin, David) |
| Filing 59 NOTICE OF SERVICE of Medical, billing and ss records filed by Donald Gilbert.(deBruin, David) |
| Filing 58 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by EWB Corporation.(Texter, Allison) |
| Filing 57 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Front Street Management Inc., Other Affiliate CBS Operations, Inc. for EWB Corporation filed by EWB Corporation. (Texter, Allison) |
| Filing 56 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Velan Valve Corporation.(Bradley, Paul) |
| Filing 55 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Cytec Industries, Inc..(Bradley, Paul) |
| Filing 54 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Aurora Pump Company.(Bradley, Paul) |
| Filing 53 NOTICE OF SERVICE of Blackmer Pump Company's Federal Rule 26(a)(1) Initial Disclosures filed by Blackmer Pump Company.(Doner, Joel) |
| Filing 52 NOTICE OF SERVICE of [AMENDED NOTICE OF SERVICE] Defendant Shell Oil Company's Rule 26(a)(1) Initial Disclosure Statement filed by Shell Oil Company.(Bilson, David) |
| Filing 51 NOTICE OF SERVICE of Defendant Shell Oil Company's Rule 26(a)(1) Initial Disclosure Statement filed by Shell Oil Company.(Bilson, David) |
| Filing 50 NOTICE OF SERVICE of Defendant IMO Industries Inc.'s Rule 26(a)(1) Initial Disclosure filed by IMO Industries, Inc..(Ford, Eileen) |
| Filing 49 NOTICE OF SERVICE of Notice of Service filed by The William Powell Company.(Seelaus, Anne) |
| Filing 48 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by SB Decking, Inc...(Viceconte, Christopher) |
| Filing 47 NOTICE OF SERVICE of Defendant Warren Pumps, LLC's Rule 26(a)(1) Initial Disclosures filed by Warren Pumps, LLC.(Tyler, Jessica) |
| Filing 46 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Henkel Corporation.(Smith, Bryan) |
| Filing 45 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by General Electric Company.(Texter, Allison) |
| Filing 44 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Crane Co..(Gondek, Francis) |
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Filing 43
SCHEDULING ORDER: Joinder of Parties due by 4/30/2019. Amended Pleadings due by 4/30/2019. Discovery due by 12/10/2019. Status Report due by 12/16/2019. A Status Conference is set for 1/6/2020 at 10:30 AM before Judge Sherry R. Fallon Dispositive Motions due by 1/10/2020.. Signed by Judge Sherry R. Fallon on 3/11/2019. (lih)
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| Filing 42 Letter to Magistrate Judge Fallon from Bryan P. Smith, Esquire regarding Union Carbide Corporation's Dismissal. (Attachments: #1 Exhibit)(Smith, Bryan) |
| CASE REFERRED to Magistrate Judge Sherry R. Fallon for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Telephone Conference held on 3/11/2019. (Court Reporter D. Hawkins.) (lih) |
| Filing 41 Joint PROPOSED Scheduling Order by Crane Co.. (Gondek, Francis) Modified on 3/5/2019 (lih). |
| Filing 40 Letter to U.S. Magistrate Judge S. R. Fallon from Francis C. Gondek, Esq. as Defense Liaison regarding Joint Proposed Scheduling Order. (Gondek, Francis) |
| Filing 39 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Atwood & Morrill Company Inc. for Weir Valves & Controls USA, Inc. filed by Weir Valves & Controls USA, Inc.. (Grabey, Elizabeth) |
| Filing 38 NOTICE of Appearance by Elizabeth Grabey on behalf of Weir Valves & Controls USA, Inc. (Grabey, Elizabeth) |
| Filing 37 NOTICE of Appearance by Francis C. Gondek on behalf of Crane Co. (Gondek, Francis) |
| Filing 36 NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Anne Gilbert.(deBruin, David) |
| CORRECTING ENTRY: Docket clerk has deleted the discovery previously filed as D.I. 36 pursuant to L.R. 5.4(b). (lih) |
| Filing 35 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Colfax Corporation, Other Affiliate IMO for Warren Pumps, LLC filed by Warren Pumps, LLC. (Tyler, Jessica) |
| Filing 34 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Warren Pumps, LLC.(Tyler, Jessica) Modified on 2/1/2019 (lih). |
| CORRECTING ENTRY: The text of D.I. #34 has been modified to reflect that the document is a ANSWER to Complaint (Notice of Removal). It is requested that counsel use the ANSWER to Complaint (Notice of Removal) event code when filing documents of this nature in the future. (lih) |
| Filing 33 NOTICE of Appearance by Jessica Lee Tyler on behalf of Warren Pumps, LLC (Tyler, Jessica) |
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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 3/11/2019 at 10:00 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 3/6/2019. 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 1/31/2019. (lih)
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| Filing 32 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Parties by Blackmer Pump Company. (Doner, Joel) |
| Filing 31 Letter to The Honorable Sherry R. Fallon from David deBruin regarding in response to 1/25/19 Order. (deBruin, David) Modified on 1/30/2019 (lih). |
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Filing 30
SO ORDERED re #29 Stipulation of Dismissal. Party CBS Corporation (a Delaware Corporation) terminated. Attorney Beth E. Valocchi terminated as to CBS Corporation only. Signed by Judge Maryellen Noreika on 1/28/2019. (dlw)
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| Filing 29 STIPULATION of Dismissal by CBS Corporation. (Texter, Allison) |
| Filing 28 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Viking Pump, Inc.. (Sullivan, Timothy) |
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Filing 27
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. Signed by Judge Sherry R. Fallon on 1/25/2019. (lih)
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| Filing 26 NOTICE of Change of Address by David W. deBruin (deBruin, David) |
| Filing 25 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Colfax Corporation, Corporate Parent IMO Holdings, Inc., Corporate Parent CLFX, LLC for IMO Industries, Inc. filed by IMO Industries, Inc.. (Ford, Eileen) |
| Filing 24 NOTICE of Appearance by Eileen M. Ford on behalf of IMO Industries, Inc. (Ford, Eileen) |
| Filing 23 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent IDEX Corporation for Viking Pump, Inc. filed by Viking Pump, Inc.. (Sullivan, Timothy) |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc. for Cytec Industries, Inc. filed by Cytec Industries, Inc.. (Bradley, Paul) |
| Filing 21 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SPX Corporation for Aurora Pump Company filed by Aurora Pump Company. (Bradley, Paul) |
| Filing 20 NOTICE of Appearance by Timothy A. Sullivan, III on behalf of Viking Pump, Inc. (Sullivan, Timothy) |
| Filing 19 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by The William Powell Company. (Seelaus, Anne) |
| Filing 18 NOTICE of Appearance by Anne Kai Seelaus on behalf of The William Powell Company (Seelaus, Anne) |
| Filing 17 NOTICE of Appearance by David A. Bilson on behalf of Shell Oil Company (Bilson, David) |
| Filing 16 NOTICE of Appearance by John C. Phillips, Jr on behalf of Shell Oil Company (Phillips, John) |
| Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Quaker Chemical Company for SB Decking, Inc.. filed by SB Decking, Inc... (Viceconte, Christopher) |
| Filing 14 NOTICE of Appearance by Christopher Viceconte on behalf of SB Decking, Inc.. (Viceconte, Christopher) |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Dana C. Simon - filed by Anne Gilbert, Donald Gilbert. (Attachments: #1 Certification of Dana C. Simon, #2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(deBruin, David) |
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SO ORDERED- re #13 MOTION for Pro Hac Vice Appearance of Attorney Dana C. Simon. Signed by Judge Sherry R. Fallon on 1/11/2019. (lih)
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| Filing 12 NOTICE of Appearance by Paul A. Bradley on behalf of Cytec Industries, Inc. (Bradley, Paul) |
| Filing 11 NOTICE of Appearance by Paul A. Bradley on behalf of Aurora Pump Company (Bradley, Paul) |
| Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Velan Inc. for Velan Valve Corporation filed by Velan Valve Corporation. (Bradley, Paul) |
| Filing 9 NOTICE of Appearance by Paul A. Bradley on behalf of Velan Valve Corporation (Bradley, Paul) |
| Filing 8 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Westinghouse Electric Corporation, Other Affiliate Viacom Inc., Other Affiliate National Amusements, Inc., Other Affiliate NAI Entertainment Holdings LLC for CBS Corporation filed by CBS Corporation. (Valocchi, Beth) |
| Filing 7 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate General Electric Capital Corporation, Other Affiliate GE Capital, Other Affiliate NBC Universal Inc., Other Affiliate GE Capital Equity, Other Affiliate General Electric Capital Services, Inc., Other Affiliate Universal City Development Partners, Ltd., Other Affiliate NBC Universal Media, LLC (a/k/a NBC Universal), Other Affiliate Value Vision Media, Inc. for General Electric Company filed by General Electric Company. (Texter, Allison) |
| Filing 6 NOTICE of Appearance by Allison L. Texter on behalf of General Electric Company (Texter, Allison) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Dexter Hysol Aerospace, LLC, Other Affiliate Henkel AG & Co. KGaA, Other Affiliate Henkel of America, Inc.,, Other Affiliate Henkel of America I LLC, Other Affiliate Henkel US Operations Corporation for Henkel Corporation filed by Henkel Corporation. (Valocchi, Beth) |
| Filing 4 NOTICE of Appearance by Beth E. Valocchi on behalf of Henkel Corporation (Valocchi, Beth) |
| CASE REFERRED to Magistrate Judge Sherry R. Fallon. (rjb) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Crane Co.. (sar) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from Superior Court of the State of Delaware, Case Number N18C-08-128 ASB (Filing fee $400, receipt number 0311-2536519)- filed by Crane Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 3B, #5 Exhibit 4, #6 Exhibit 4A, #7 Exhibit 4A-1, #8 Exhibit 4B-C, #9 Exhibit 4D-F, #10 Exhibit 4G, #11 Exhibit 4H-I, #12 Exhibit 4J-K, #13 Exhibit 4L-M, #14 Exhibit 4N, #15 Exhibit 4O, #16 Exhibit 4P-Q, #17 Exhibit 4R-S, #18 Exhibit 4T, #19 Exhibit 4U, #20 Exhibit 5, #21 Exhibit 5A, #22 Exhibit 5A-5, #23 Exhibit 5A-7, #24 Exhibit 5A-16, #25 Exhibit 5A-19, #26 Exhibit 5A-24, #27 Exhibit 5A-26, #28 Exhibit 5A-27, #29 Exhibit 6, #30 certicate of compliance, #31 Civil Cover Sheet)(sar) |
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