Von Holzen et al v. Air & Liguid Systems Corp et al
| Cynthia Von Holzen and Richard Von Holzen |
| Gardner Denver, Inc., Ingersoll-Rand Company, Crane Co., Flowserve US Inc., General Electric Company, Velan Valve Corp., Aurora Pump Company, Air & Liguid Systems Corp, VIAD Corp, The Goodyear Tire & Rubber Company, The William Powell Company, Armstrong International, Inc., Jerguson Gage & Valve Company, John Crane, Inc., Hopeman Brothers, Inc., Metropolitan Life Insurance Company, Foster Wheeler Energy Corporation, FMC Corporation, The Nash Engineering Company, Weir Valves & Controls USA, Inc., Warren Pumps, LLC, Hapeman Brothers, Inc., CBS Corporation, IMO Industries, Inc. and Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. |
| 1:2019cv01291 |
| July 10, 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 58 Joint PROPOSED Scheduling Order by Foster Wheeler Energy Corporation. (Texter, Allison) Modified on 9/6/2019 (lih). |
| Filing 57 Letter to U.S. Magistrate Judge S. R. Fallon from Allison Texter, Esq.; as Defense Liaison regarding Joint Proposed Scheduling Order. (Texter, Allison) |
| 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. #42 . (lih) |
| CORRECTING ENTRY: The pdf's of D.I. numbers #55 and #56 have been replaced with revised version of the documents. (lih) |
SO ORDERED- re #44 MOTION for Pro Hac Vice Appearance of Attorney Heather H. Neubauer for defendant Warren Pumps, #45 MOTION for Pro Hac Vice Appearance of Attorney Max S. Meckstroth, #50 MOTION for Pro Hac Vice Appearance of Attorney Heather H. Neubauer for defendant IMO Industries Inc., #54 MOTION for Pro Hac Vice Appearance of Attorney Michael T. Antikainen. Signed by Judge Sherry R. Fallon on 8/20/2019. (lih)
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| Filing 56 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Flowserve US Inc.. (Bell, Tye) (Main Document 56 replaced on 8/20/2019) (lih). |
| Filing 55 NOTICE of Appearance by Tye C. Bell on behalf of Flowserve US Inc. (Bell, Tye) (Main Document 55 replaced on 8/20/2019) (lih). |
| Filing 54 MOTION for Pro Hac Vice Appearance of Attorney Michael T. Antikainen - filed by The Goodyear Tire & Rubber Company. (Attachments: #1 Text of Proposed Order, #2 Certification of Counsel to be Admitted)Motions referred to Sherry R. Fallon.(Luzhatsky, Irina) |
| Filing 53 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by The Goodyear Tire & Rubber Company. (Luzhatsky, Irina) |
| Filing 52 NOTICE of Appearance by Irina N. Luzhatsky on behalf of The Goodyear Tire & Rubber Company (Luzhatsky, Irina) |
| Filing 51 NOTICE to Take Deposition of Richard Von Holzen on August 20, 2019 filed by Cynthia Von Holzen, Richard Von Holzen.(deBruin, David) |
| Filing 50 MOTION for Pro Hac Vice Appearance of Attorney Heather H. Neubauer - filed by IMO Industries, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Heather H. Neubauer)Motions referred to Sherry R. Fallon.(Ford, Eileen) |
| Filing 49 Letter to U.S. Magistrate Judge S. R. Fallon from Allison Texter, Esq. re #42 MOTION to Amend/Correct Complaint. (Texter, Allison) Modified on 8/19/2019 (lih). |
| Filing 47 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Armstrong International, Inc.. (Ranieri, Robert) |
| Filing 46 NOTICE of Appearance by Robert Alexander Ranieri on behalf of Armstrong International, Inc. (Ranieri, Robert) |
| Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Max S. Meckstroth, Esquire - filed by Ingersoll-Rand Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Sherry R. Fallon.(McCann, Ana) |
| Filing 44 MOTION for Pro Hac Vice Appearance of Attorney Heather H. Neubauer, Esquire - filed by Warren Pumps, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Sherry R. Fallon.(Tyler, Jessica) |
| Filing 43 MOTION for Pro Hac Vice Appearance of Attorney Nora Gierke - filed by John Crane, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Counsel to be Admitted)Motions referred to Sherry R. Fallon.(Bell, Tye) |
| CORRECTING ENTRY: The discovery previously filed as D.I. 48 has been deleted per L.R. 5.4(b). (lih) |
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SO ORDERED- re #43 MOTION for Pro Hac Vice Appearance of Attorney Nora Gierke. Signed by Judge Sherry R. Fallon on 8/19/2019. (lih)
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| CORRECTING ENTRY: The text of D.I. #41 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 42 MOTION to Amend/Correct Complaint - filed by Cynthia Von Holzen, Richard Von Holzen. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2)Motions referred to Sherry R. Fallon.(deBruin, David) Modified on 8/19/2019 (lih). |
| Filing 41 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by The William Powell Company.(Seelaus, Anne) Modified on 8/19/2019 (lih). |
| 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. #39 . (lih) |
| Summons Issued with Magistrate Consent Notice attached as to Hopeman Brothers, Inc. on 8/16/2019. (kmd) |
| Filing 40 MOTION for Pro Hac Vice Appearance of Attorney Cynthia R. Bartell, Esquire - filed by VIAD Corp(f/k/a/ The Dial Corporation, individually and as successor to Griscom-Russell Company). (Attachments: #1 Certification by Counsel, #2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Ford, Eileen) |
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SO ORDERED- re #40 MOTION for Pro Hac Vice Appearance of Attorney Cynthia R. Bartell. Signed by Judge Sherry R. Fallon on 8/15/2019. (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 9/10/2019 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 9/5/2019. 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 8/15/2019. (lih)
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| Filing 39 RESPONSE to Motion re #14 MOTION to Dismiss for Failure to State a Claim filed by Cynthia Von Holzen, Richard Von Holzen. (deBruin, David) |
| Filing 38 Letter to the Honorable Sherry R. Fallon from David W. deBruin regarding #27 Order. (deBruin, David) Modified on 8/15/2019 (lih). |
| Filing 37 NOTICE to Take Deposition of Plaintiff, Richard Von Holzen on August 20, 2019 filed by Foster Wheeler Energy Corporation.(Texter, Allison) |
| Filing 36 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by IMO Industries, Inc.. (Ford, Eileen) Modified on 8/8/2019 (lih). |
| Filing 35 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Colfax Corporation, Corporate Parent CLFX LLC, Corporate Parent IMO Holdings, Inc. for IMO Industries, Inc. filed by IMO Industries, Inc.. (Ford, Eileen) |
| Filing 34 NOTICE of Appearance by Eileen M. Ford on behalf of IMO Industries, Inc. (Ford, Eileen) |
| Filing 33 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ingersoll Rand PLC for Ingersoll-Rand Company filed by Ingersoll-Rand Company. (Tyler, Jessica) |
| Filing 32 NOTICE of Appearance by Jessica Lee Tyler on behalf of Ingersoll-Rand Company (Tyler, Jessica) |
| Filing 31 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Colfax Corporation, Other Affiliate IMO Industries, Inc. for Warren Pumps, LLC filed by Warren Pumps, LLC. (Tyler, Jessica) |
| Filing 30 NOTICE of Appearance by Jessica Lee Tyler on behalf of Warren Pumps, LLC (Tyler, Jessica) |
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SO ORDERED- re #28 MOTION for Pro Hac Vice Appearance of Attorney Erik D. Nadolink, #29 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #14 MOTION to Dismiss. (Answering Brief due 8/14/2019.) Signed by Judge Sherry R. Fallon on 8/1/2019. (lih)
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| Filing 29 STIPULATION TO EXTEND TIME re #14 Motion to dismiss filed by Cynthia Von Holzen, Richard Von Holzen. (deBruin, David) Modified on 8/1/2019 (lih). |
| Filing 28 MOTION for Pro Hac Vice Appearance of Attorney Erik D. Nadolink, Esquire - filed by General Electric Company. (Attachments: #1 Certification by Counsel)Motions referred to Sherry R. Fallon.(Texter, Allison) |
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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 7/31/2019. (lih)
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| Filing 26 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Gardner Denver, Inc.. (Donelson, Matthew) |
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SO ORDERED- re #25 MOTION for Pro Hac Vice Appearance of Attorney William Allen. Signed by Judge Sherry R. Fallon on 7/23/2019. (lih)
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| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney William Allen, Esquire - filed by Cynthia Von Holzen, Richard Von Holzen. Motions referred to Sherry R. Fallon.(deBruin, David) |
| Filing 24 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Jerguson Gage & Valve Company. (Bradley, Paul) |
| Filing 23 NOTICE of Appearance by Paul A. Bradley on behalf of Jerguson Gage & Valve Company (Bradley, Paul) |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: identifying filed by The William Powell Company. (Seelaus, Anne) |
| Filing 21 NOTICE of Appearance by Anne Kai Seelaus on behalf of The William Powell Company (Seelaus, Anne) |
| Filing 20 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ampco-Pittsburgh Corporation for Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. filed by Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc.. (Sullivan, Timothy) |
| Filing 19 NOTICE of Appearance by Timothy A. Sullivan, III on behalf of Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. (Sullivan, Timothy) |
| Filing 18 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Velan Inc. for Velan Valve Corp. filed by Velan Valve Corp.. (Bradley, Paul) |
| Filing 17 NOTICE of Appearance by Paul A. Bradley on behalf of Velan Valve Corp. (Bradley, Paul) |
| Filing 16 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by FMC Corporation. (Glenn, Neal) |
| Filing 15 OPENING BRIEF in Support re #14 MOTION to Dismiss for Failure to State a Claim filed by John Crane, Inc..Answering Brief/Response due date per Local Rules is 7/31/2019. (Bell, Tye) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim - filed by John Crane, Inc. (Attachments: #1 Text of Proposed Order)(Bell, Tye) |
| CASE REFERRED to Magistrate Judge Sherry R. Fallon. Motion referred to 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 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SPX Corporation for Aurora Pump Company filed by Aurora Pump Company. (Bradley, Paul) |
| Filing 12 NOTICE of Appearance by Neal C. Glenn on behalf of FMC Corporation (Glenn, Neal) |
| 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 Smith Group PLC for John Crane, Inc. filed by John Crane, Inc.. (Bell, Tye) |
| Filing 9 JOINDER by John Crane, Inc., joining in #1 Notice of Removal, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bell, Tye) |
| Filing 8 JOINDER by VIAD Corp, joining in #1 Notice of Removal, . (Attachments: #1 Table of Contents, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C Part 1, #5 Exhibit C Part 2, #6 Exhibit C Part 3, #7 Exhibit C Part 4, #8 Exhibit C Part 5, #9 Exhibit C Part 6, #10 Exhibit C Part 7, #11 Exhibit C Part 8, #12 Exhibit C Part 9, #13 Exhibit C Part 10, #14 Exhibit D, #15 Exhibits E - G, #16 Certificate of Service)(Ford, Eileen) |
| Filing 7 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate National Amusements, Inc., Other Affiliate GAMCO Investors, Inc. for CBS Corporation filed by CBS Corporation. (Valocchi, Beth) |
| Filing 6 JOINDER by CBS Corporation, joining in #1 Notice of Removal, . (Valocchi, Beth) |
| Filing 5 JOINDER by Crane Co., joining in #1 Notice of Removal, . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 3A, #5 Exhibit 3B, #6 Exhibit 3C, #7 Exhibit 3D, #8 Exhibit 4, #9 Exhibit 4A, #10 Exhibit 4A-1, #11 Exhibit 4B, #12 Exhibit 4D, #13 Exhibit 4G, #14 Exhibit 4H, #15 Exhibit 4J, #16 Exhibit 4L, #17 Exhibit 4N, #18 Exhibit 4O, #19 Exhibit 4P, #20 Exhibit 4R, #21 Exhibit 4T, #22 Exhibit 4U, #23 Exhibit 5, #24 Exhibit 5A, #25 Exhibit 5A-5, #26 Exhibit 5A-7, #27 Exhibit 5A-16, #28 Exhibit 5A-19, #29 Exhibit 5A-24, #30 Exhibit 5A-26, #31 Exhibit 5A-27)(Skiles, Nicholas) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Crane Co.. (Gondek, Francis) |
| Filing 3 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Parties by Crane Co.. (Skiles, Nicholas) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Superior Ct, Case Number N19C-05-00237 ASB (Filing fee $400, receipt number 311-2682935)- filed by Richard Von Holzen, Cynthia Von Holzen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C #4 Certificate of Compliance, #5 Civil Cover Sheet,#6Disclosure Statement 7.1 (myr). |
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