Lavignani et al v. Eagleburgmann Industries Inc. et al
| Calogero Lavignani and Anna Maria Rosa Distefano |
| Eagleburgmann Industries Inc., Eagleburgmann Industries LP, Paramount Global, United States Steel Corporation, Burgmann Seals America, Inc., Elliott Company, Occidental Petroleum Corporation, ViacomCBS Inc., CBS Corporation, Viacom, Inc., Westinghouse Electric Corporation, USX Corporation and Does 1-500 Inclusive |
| 1:2022cv01444 |
| November 2, 2022 |
| U.S. District Court for the District of Delaware |
| Sherry R Fallon |
| Maryellen Noreika |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 MOTION for Extension of Time to File Answer to Plaintiff's Complaint - filed by Eagleburgmann Industries Inc., Eagleburgmann Industries LP. Motions referred to Sherry R. Fallon.(Florax, Joelle) |
SO ORDERED, re #21 MOTION for Extension of Time to File Answer to Plaintiff's Complaint. Signed by Judge Sherry R. Fallon on 12/28/2022. (Polito, Rebecca)
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| Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Kenan S. Rand, Jr. - filed by Eagleburgmann Industries Inc., Eagleburgmann Industries LP. (Attachments: #1 Certification)Motions referred to Sherry R. Fallon.(Florax, Joelle) |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Eric F. Falk - filed by Eagleburgmann Industries Inc., Eagleburgmann Industries LP. (Attachments: #1 Certification)Motions referred to Sherry R. Fallon.(Florax, Joelle) |
| Filing 18 NOTICE of Appearance by Joelle Florax on behalf of Eagleburgmann Industries Inc., Eagleburgmann Industries LP (Florax, Joelle) |
| Filing 17 ANSWER to #1 Complaint, with Jury Demand by United States Steel Corporation.(Skiles, Nicholas) |
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ORAL ORDER re #16 Suggestion of Death: A Notice of Suggestion of Death of Plaintiff Calogero Lavignani having been filed on December 20, 2022, IT IS HEREBY ORDERED that on or before March 20, 2023, decedent's successor or representative shall file a motion for substitution. FAILURE OF DECEDENT'S SUCCESSOR OR REPRESENTATIVE TO TIMELY FILE A MOTION FOR SUBSTITUTION SHALL RESULT IN DISMISSAL OF THE CASE PURSUANT TO FED. R. CIV. P. 25(a). Signed by Judge Sherry R. Fallon on 12/21/2022. (Polito, Rebecca)
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| Filing 16 SUGGESTION OF DEATH Upon the Record as to Calogero Lavignani by Calogero Lavignani, Anna Maria Rosa Distefano. (Bifferato, Ian) |
| Filing 15 STIPULATION TO EXTEND TIME for Defendant Occidental Petroleum Corporation to Respond to Plaintiffs' Complaint to January 6, 2023 - filed by Occidental Petroleum Corporation. (Pedi, Nicole) |
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SO ORDERED- re #15 STIPULATION TO EXTEND TIME for Defendant Occidental Petroleum Corporation to Respond to Plaintiffs' Complaint to January 6, 2023. Reset Answer Deadlines: Occidental Petroleum Corporation answer due 1/6/2023. Signed by Judge Sherry R. Fallon on 12/12/2022. (lih)
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Filing 14
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 January 31, 2023 at 10:00 AM. (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 January 26, 2023. (3) Counsel are instructed to use Judge Fallon's form asbestos scheduling order posted at https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon for all events up to and including Status Conference and Judge Noreika's form non-patent scheduling order posted at https://www.ded.uscourts.gov/judge/judge-maryellen-noreika for all events including and following Case Dispositive Motions and shall include a chart of the deadlines as an exhibit to the proposed Scheduling Order. Regardless of the number of Daubert motions and case dispositive issues raised by a moving party, the moving party shall file only one opening brief with briefing subject to the page limitations set forth in Local Rule 7.1.3(4), 20 pages for the opening and answering briefs and 10 pages for the reply. These requirements shall be included in the proposed Scheduling Order. (4) 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 12/9/2022.
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| Filing 13 STIPULATION TO EXTEND TIME to Respond to Complaint to December 12, 2022 - filed by Occidental Petroleum Corporation. (Pedi, Nicole) |
| Filing 12 NOTICE of Appearance by Kelly A. Costello on behalf of Elliott Company (Costello, Kelly) |
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SO ORDERED- re #13 STIPULATION TO EXTEND TIME to Respond to Complaint to December 12, 2022. Reset Answer Deadlines: Occidental Petroleum Corporation answer due 12/12/2022. Signed by Judge Sherry R. Fallon on 11/23/2022. (lih)
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| Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate National Amusements, Inc. for Paramount Global filed by Paramount Global. (Texter, Allison) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand by Paramount Global.(Texter, Allison) |
| 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 9 SUMMONS Returned Executed by Calogero Lavignani, Anna Maria Rosa Distefano.United States Steel Corporation served on 11/3/2022, answer due 11/28/2022. (Bifferato, Ian) |
| Filing 8 SUMMONS Returned Executed by Calogero Lavignani, Anna Maria Rosa Distefano.Paramount Global served on 11/3/2022, answer due 11/28/2022. (Bifferato, Ian) |
| Filing 7 SUMMONS Returned Executed by Calogero Lavignani, Anna Maria Rosa Distefano.Occidental Petroleum Corporation served on 11/3/2022, answer due 11/28/2022. (Bifferato, Ian) |
| Filing 6 SUMMONS Returned Executed by Calogero Lavignani, Anna Maria Rosa Distefano.Elliott Company served on 11/3/2022, answer due 11/28/2022. (Bifferato, Ian) |
| Filing 5 SUMMONS Returned Executed by Calogero Lavignani, Anna Maria Rosa Distefano.Eagleburgmann Industries LP served on 11/3/2022, answer due 11/28/2022. (Bifferato, Ian) |
| Filing 4 SUMMONS Returned Executed by Calogero Lavignani, Anna Maria Rosa Distefano.Eagleburgmann Industries Inc. served on 11/3/2022, answer due 11/28/2022. (Bifferato, Ian) |
| Filing 3 Summons Issued as to Eagleburgmann Industries Inc., Eagleburgman Industries LP, Elliot Company, Occidental Petroleum Corporation, Paramount Global, and United States Steel Corporation on 11/2/2022. (mkr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) |
| Filing 1 COMPLAINT for ASBESTOS PERSONAL INJURY PRODUCT LIABILITY filed with Jury Demand against Does 1-500 Inclusive, Eagleburgmann Industries Inc., Eagleburgmann Industries LP, Elliott Company, Occidental Petroleum Corporation, Paramount Global, and United States Steel Corporation (Filing fee $ 402, receipt number ADEDC-3997063.) - filed by Calogero Lavignani and Anna Maria Rosa Distefano. (Attachments: #1 Civil Cover Sheet)(mkr) |
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