Oswald et al v. Allis-Chalmers Corporation Product Liability Trust et al
| Edwin Oswald |
| Domco Products Texas, Inc., Honeywell International, Inc., Paramount Global, Carrier Corporation, Azrock Industries Inc., Eaton Hydraulics LLC, Ford Motor Company, Foster Wheeler LLC, Genuine Parts Company, Grinnell LLC, Allied Signal, Inc., Jenkins Bros., McDonnell Douglas Corporation, Northrop-Grumann Corporation, ViaCom CBS Inc., CBS, Westinghouse Electric Corporation, Pneumo Abex LLC, Crane Co., Robertshaw Controls Company, The B.F. Goodrich Company, The Goodyear Tire and Rubber Company, Union Carbide Corporation, Western Auto Supply Company, Raytheon Technologies Corporation and United Technologies Corporation |
| Redco Corp, Judith Oswald, Allis-Chalmers Corporation Product Liability Trust, American Biltrite, Inc., Blackmer Pump Company, Eaton Corporation, Electrolux Home Products, Inc., General Electric Company, Goulds Pumps, LLC, ITT LLC, Pratt & Whitney Rocketdyne, Inc., Spirax Sarco, Inc., Velan Valve Corporation and Raytheon Technologies Corporation, f/k/a United Technologies Corporation |
| Goodrich Corporation, H.M. Royal, Inc. and IMO Industries, Inc. |
| 1:2023cv01074 |
| September 29, 2023 |
| US District Court for the District of Delaware |
| Sherry R Fallon |
| Maryellen Noreika |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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| Filing 87 ANSWER to Amended Complaint, re: #67 Amended Complaint with Jury of Twelve , CROSSCLAIM against All Defendants by Blackmer Pump Company.(Brannigan, Patrick) |
| Filing 86 MOTION for Pro Hac Vice Appearance of Attorney Melanie L. Brother, Esquire - filed by IMO Industries, Inc.. (Attachments: #1 Certification of Counsel)Motions referred to Sherry R. Fallon.(Ford, Eileen) |
| Filing 85 MOTION for Pro Hac Vice Appearance of Attorney Drew Kemp - filed by Raytheon Technologies Corporation. (Attachments: #1 Notice of Motion, #2 Certificate of Compliance)Motions referred to Sherry R. Fallon.(Adams, William) |
| Filing 84 ANSWER to #67 Amended Complaint, CROSSCLAIM against All Defendants by Honeywell International, Inc.. (Attachments: #1 Certificate of Service Certificate of Service)(Florax, Joelle) Modified on 11/27/2023 (lih). |
| Filing 83 ANSWER to #67 Amended Complaint by H.M. Royal, Inc..(Hrubiec, R.) Modified on 11/27/2023 (lih). |
SO ORDERED- re #86 MOTION for Pro Hac Vice Appearance of Attorney Melanie L. Brother. Signed by Judge Sherry R. Fallon on 11/27/2023. (lih)
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| CORRECTING ENTRY: Pursuant to conversation with the filer, the pro hac motion previously filed as D.I. 85 has been deleted. A revised version of the document will be filed shortly. (lih) |
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SO ORDERED- re #85 MOTION for Pro Hac Vice Appearance of Attorney Drew Kemp. Signed by Judge Sherry R. Fallon on 11/27/2023. (lih)
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| Filing 82 STIPULATION Regarding Virtual Deposition of Plaintiff re #75 Notice to Take Deposition by Northrop-Grumann Corporation. (Texter, Allison) |
| Filing 81 AFFIDAVIT of Service for Complaint served on Raytheon Technologies f/k/a Corporation United Technologies on November 15, 2023, filed by Edwin Oswald. (Smith, Michael) |
| Filing 80 ANSWER to #67 Amended Complaint by General Electric Company.(Texter, Allison) Modified on 11/27/2023 (lih). |
| Filing 79 ANSWER to #67 Amended Complaint by Foster Wheeler LLC.(Texter, Allison) Modified on 11/27/2023 (lih). |
| Filing 78 NOTICE of Appearance by William R. Adams on behalf of Pratt & Whitney Rocketdyne, Inc., Raytheon Technologies Corporation (Adams, William) |
| Filing 77 MOTION for Pro Hac Vice Appearance of Attorney Christina M. Philipp - filed by H.M. Royal, Inc.. (Attachments: #1 Certificate of Compliance, #2 Notice of Motion)Motions referred to Sherry R. Fallon.(Hrubiec, R.) |
| Filing 76 ANSWER to #67 Amended Complaint, CROSSCLAIM against All Parties by Union Carbide Corporation.(Naylor, Joseph) Modified on 11/27/2023 (lih). |
| Filing 75 NOTICE to Take Deposition of Plaintiff, Edwin Oswald on November 28, 2023 filed by Northrop-Grumann Corporation.(Texter, Allison) |
| Filing 74 ANSWER to #67 Amended Complaint, CROSSCLAIM against All Defendants by Eaton Corporation. (Attachments: #1 Certificate of Service)(Primack, David) Modified on 11/20/2023 (lih). |
| CORRECTING ENTRY: The text of D.I. #74 has been modified to reflect that the document is an answer to the amended complaint. Counsel is advised to use the ANSWER TO COMPLAINT event code when filing a document of this nature in the future. (lih) |
| Filing 73 NOTICE OF SERVICE of Answers to Interrogatories filed by Edwin Oswald.(Smith, Michael) |
| Filing 72 ANSWER to #67 Amended Complaint , CROSSCLAIM against All Defendants by Spirax Sarco, Inc..(Hubbard, Antoinette) Modified on 11/17/2023 (lih). |
| Filing 71 ANSWER to #67 Amended Complaint with Jury Demand , CROSSCLAIM against All Defendants by Electrolux Home Products, Inc..(Hubbard, Antoinette) Modified on 11/17/2023 (lih). |
| Filing 70 ANSWER to #67 Amended Complaint, CROSSCLAIM against All Defendants by Pneumo Abex LLC.(Reese, C.) Modified on 11/17/2023 (lih). |
| Filing 69 ANSWER to #67 Amended Complaint by The Goodyear Tire and Rubber Company. (Attachments: #1 Certificate of Service)(Whye, Yuhanna) Modified on 11/16/2023 (lih). |
| Filing 68 ANSWER to #67 Amended Complaint , CROSSCLAIM against All Defendants by Goodrich Corporation.(Parshall, Jonathan) Modified on 11/16/2023 (lih). |
| Filing 67 First AMENDED COMPLAINT against All Defendants - filed by Edwin Oswald.(Smith, Michael) |
| CORRECTING ENTRY: The First Amended Complaint previously at DI 67 has been deleted per counsels request. Counsel will re-file with the correct case caption listed. (apk) |
| Filing 66 AFFIDAVIT of Service of Complaint served on Western Auto Supply Company Inc. on 11/7/2023, filed by Edwin Oswald. (Smith, Michael) Modified on 11/14/2023 (lih). |
| CORRECTING ENTRY: The affidavit of service previously filed as D.I. 66 has been deleted due to document being filed incorrectly. Counsel is advised to re-file the document using the AFFIDAVIT OF SERVICE event code and not the declaration event code. (lih) |
| Filing 65 NOTICE OF SERVICE of PLAINTIFF'S MEDICAL RECORDS filed by Edwin Oswald.(Smith, Michael) |
| Filing 64 NOTICE OF SERVICE of PLAINTIFF'S ANSWERS TO INTERROGATORIES filed by Edwin Oswald.(Smith, Michael) |
| CORRECTING ENTRY: : The discovery previously filed at D.I. 64 has been deleted from the docket for failure to comply with D. Del. LR 5.4(b). (lih) |
| CORRECTING ENTRY: The summons previously filed as D.I. 64 has been deleted. Counsel is advised to contact the clerk's office for instructions on how to properly submit a summons for issuance. (lih) |
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Filing 63
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 17, 2024 at 11:00 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 11, 2024. (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 11/3/2023. (lih)
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SO ORDERED- re #62 MOTION for Pro Hac Vice Appearance of Attorney Jason B. Duncan. Signed by Judge Sherry R. Fallon on 11/3/2023. (lih)
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| Filing 62 MOTION for Pro Hac Vice Appearance of Attorney Jason B. Duncan - filed by Edwin Oswald. Motions referred to Sherry R. Fallon.(Smith, Michael) |
| Filing 61 STATUS REPORT by Edwin Oswald, Judith Oswald. (Smith, Michael) |
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SO ORDERED- re #60 STIPULATION TO EXTEND TIME Answer to Complaint. Reset Answer Deadlines: McDonnell Douglas Corporation answer due 12/15/2023. Signed by Judge Sherry R. Fallon on 10/30/2023. (lih)
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| Filing 60 STIPULATION TO EXTEND TIME Answer to Complaint to December 15, 2023 - filed by McDonnell Douglas Corporation. (Luzhatsky, Irina) |
| Filing 59 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 58 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by IMO Industries, Inc.. (Ford, Eileen) Modified on 10/27/2023 (lih). |
| Filing 57 NOTICE of Appearance by Eileen M. Ford on behalf of IMO Industries, Inc. (Ford, Eileen) |
| Filing 56 ANSWER to Complaint (Notice of Removal) by Ford Motor Company.(Singewald, Christian) Modified on 10/27/2023 (lih). |
| CORRECTING ENTRY: The text of D.I. #56 has been modified to reflect that the document is an ANSWER to Complaint (Notice of Removal). Counsel is advised to use the ANSWER to Complaint (Notice of Removal) event code when filing a document of this nature. (lih) |
| Filing 55 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Eaton Corporation, plc (Ireland) for Eaton Corporation filed by Eaton Corporation. (Primack, David) |
| Filing 54 NOTICE of Appearance by David Phillip Primack on behalf of Eaton Corporation (Primack, David) |
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Filing 53
ORDER- Within fourteen (14) days of the date of this Order: (1) Plaintiff shall submit a statement to the Court that: (a) identifies those Defendants who have not yet been served with the Complaint and sets forth the status of efforts to serve such Defendants; (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 10/20/2023. (lih)
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| Filing 52 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by H.M. Royal, Inc.. (Hrubiec, R.) Modified on 10/19/2023 (lih). |
| Filing 51 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Plaintiffs by H.M. Royal, Inc.. (Attachments: #1 Certificate of Service)(Hrubiec, R.) Modified on 10/19/2023 (lih). |
| CORRECTING ENTRY: The text of D.I. #51 has been modified to reflect that the document is an ANSWER to Complaint (Notice of Removal). Counsel is advised to use the ANSWER to Complaint (Notice of Removal) event code when filing a document of this nature per the instructions given to counsel in the correcting entries issued on 10/18/2023. (lih) |
| Filing 50 NOTICE of Appearance by R. Joseph Hrubiec on behalf of H.M. Royal, Inc. (Hrubiec, R.) |
| CORRECTING ENTRY: The document previously filed as D.I. 51 has been deleted. Counsel is advised to re-file their answer to the complaint using the ANSWER to Complaint (Notice of Removal) event code. Counsel is also advised that corporate disclosure statements are not to be filed as exhibits. Counsel is advised to re-file the disclosure statement using the appropriate event code. (lih) |
| CORRECTING ENTRY: The answer and disclosure statement re-filed as D.I. 51 have been deleted. Counsel is advised to refer to the correcting entry issued earlier. (lih) |
| CORRECTING ENTRY: The text of D.I. #49 has been modified to reflect that the document is an ANSWER to Complaint (Notice of Removal). Counsel is advised to use the ANSWER to Complaint (Notice of Removal) event code when filing a document of this nature in the future. (lih) |
| Filing 49 ANSWER to Complaint (Notice of Removal) by The Goodyear Tire and Rubber Company. (Attachments: #1 Certificate of Service)(Whye, Yuhanna) Modified on 10/16/2023 (lih). |
| Filing 48 NOTICE of Vacation of Deposition of Plaintiff, Edwin Oswald by Northrop-Grumann Corporation re #37 Notice to Take Deposition (Texter, Allison) |
| Filing 47 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ford Motor Company. (Attachments: #1 Certificate of Service)(Singewald, Christian) |
| Filing 46 ANSWER to Complaint (Notice of Removal) by American Biltrite, Inc.. (Attachments: #1 Certificate of Service)(Whye, Yuhanna) Modified on 10/12/2023 (lih). |
| CORRECTING ENTRY: The text of D.I. #46 has been modified to reflect that the document is an ANSWER to Complaint (Notice of Removal). Counsel is advised to use the ANSWER to Complaint (Notice of Removal) event code when filing a document of this nature in the future. (lih) |
| Filing 45 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by The Goodyear Tire and Rubber Company. (Whye, Yuhanna) |
| Filing 44 ANSWER to Complaint (Notice of Removal) by Velan Valve Corporation.(Heyden, Michael) Modified on 10/11/2023 (lih). |
| CORRECTING ENTRY: The text of D.I. #44 has been modified to reflect that the document is an ANSWER to Complaint (Notice of Removal). Counsel is advised to use the ANSWER to Complaint (Notice of Removal) event code when filing a document of this nature in the future. (lih) |
| Filing 43 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate State Street Corporation for Honeywell International, Inc. filed by Honeywell International, Inc.. (Florax, Joelle) |
| Filing 42 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Honeywell International, Inc..(Florax, Joelle) Modified on 10/10/2023 (lih). |
| Filing 41 NOTICE of Appearance by Joelle Florax on behalf of Honeywell International, Inc. (Florax, Joelle) |
| CORRECTING ENTRY: The text of D.I. #42 has been modified to reflect that the document is an ANSWER to Complaint (Notice of Removal). Counsel is advised to use the ANSWER to Complaint (Notice of Removal) event code when filing a document of this nature in the future. (lih) |
| Filing 40 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by American Biltrite, Inc.. (Whye, Yuhanna) |
| Filing 39 NOTICE of Appearance by Christian J. Singewald on behalf of Ford Motor Company (Singewald, Christian) |
| Filing 38 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Spirax-Sarco Engineering, plc for Spirax Sarco, Inc. filed by Spirax Sarco, Inc.. (Hubbard, Antoinette) |
| Filing 37 NOTICE to Take Deposition of Plaintiff, Edwin Oswald on October 18, 2023 filed by Northrop-Grumann Corporation.(Texter, Allison) |
| Filing 36 NOTICE of Appearance by Antoinette D. Hubbard on behalf of Spirax Sarco, Inc. (Hubbard, Antoinette) |
| Filing 35 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AB Electrolux for Electrolux Home Products, Inc. filed by Electrolux Home Products, Inc.. (Hubbard, Antoinette) |
| Filing 34 NOTICE of Appearance by Antoinette D. Hubbard on behalf of Electrolux Home Products, Inc. (Hubbard, Antoinette) |
| Filing 33 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Johnson Controls plc for Grinnell LLC filed by Grinnell LLC. (Costello, Kelly) |
| Filing 32 NOTICE of Appearance by Kelly A. Costello on behalf of Grinnell LLC (Costello, Kelly) |
| Filing 31 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Carrier Global Corporation for Carrier Corporation filed by Carrier Corporation. (Costello, Kelly) |
| Filing 30 NOTICE of Appearance by Kelly A. Costello on behalf of Carrier Corporation (Costello, Kelly) |
| Filing 29 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Sapphire Topco Inc. for Goulds Pumps, LLC filed by Goulds Pumps, LLC. (Costello, Kelly) |
| Filing 28 NOTICE of Appearance by Kelly A. Costello on behalf of Goulds Pumps, LLC (Costello, Kelly) |
| Filing 27 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Sapphire Topco Inc. for ITT LLC filed by ITT LLC. (Costello, Kelly) |
| Filing 26 NOTICE of Appearance by Kelly A. Costello on behalf of ITT LLC (Costello, Kelly) |
| Filing 25 NOTICE of Appearance by Stephanie Ann Fox on behalf of Genuine Parts Company (Fox, Stephanie) |
| Filing 24 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Genuine Parts Company. (Bradley, Paul) |
| Filing 23 NOTICE of Appearance by Paul A. Bradley on behalf of Genuine Parts Company (Bradley, Paul) |
| Filing 22 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Pneumo Abex LLC. (Reese, C.) |
| Filing 21 NOTICE of Appearance by Michael Collins Smith on behalf of All Plaintiffs (Smith, Michael) |
| Filing 20 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Velan, Inc. for Velan Valve Corporation filed by Velan Valve Corporation. (Heyden, Michael) |
| Filing 19 NOTICE of Appearance by Michael C. Heyden, Jr on behalf of Velan Valve Corporation (Heyden, Michael) |
| Filing 18 STIPULATION TO EXTEND TIME Answer to Complaint to October 27, 2023 - filed by McDonnell Douglas Corporation. (Luzhatsky, Irina) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
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SO ORDERED- re #18 STIPULATION TO EXTEND TIME. Reset Answer Deadlines: McDonnell Douglas Corporation answer due 10/27/2023. Signed by Judge Sherry R. Fallon on 10/4/2023. (lih)
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| CASE REFERRED to Magistrate Judge Sherry R. Fallon. (rjb) |
| Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Pneumo Abex LLC. (Reese, C.) |
| Filing 16 NOTICE of Appearance by C. Scott Reese on behalf of Pneumo Abex LLC (Reese, C.) |
| Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent The Dow Chemical Company, Corporate Parent Dow Inc. for Union Carbide Corporation filed by Union Carbide Corporation. (Naylor, Joseph) |
| Filing 14 NOTICE of Appearance by Joseph S. Naylor on behalf of Union Carbide Corporation (Naylor, Joseph) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate National Amusements, Inc for Paramount Global filed by Paramount Global. (Texter, Allison) |
| Filing 12 NOTICE of Appearance by Allison L. Texter on behalf of Paramount Global (Texter, Allison) |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Dover Corporation Blackmer Pump Division for Blackmer Pump Company filed by Blackmer Pump Company. (Brannigan, Patrick) |
| Filing 10 NOTICE of Appearance by Patrick Brannigan on behalf of Blackmer Pump Company (Brannigan, Patrick) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Foster Wheeler Corporation, Other Affiliate John Wood Group plc (Scotland) for Foster Wheeler LLC filed by Foster Wheeler LLC. (Texter, Allison) |
| Filing 8 NOTICE of Appearance by Allison L. Texter on behalf of Foster Wheeler LLC (Texter, Allison) |
| Filing 7 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Crane Co., Other Affiliate Spruce Lake Liability Management Holdco LLC. for Redco Corp filed by Redco Corp. (Texter, Allison) |
| Filing 6 NOTICE of Appearance by Nicholas E. Skiles on behalf of Redco Corp (Skiles, Nicholas) |
| Filing 5 NOTICE of Appearance by Jonathan L. Parshall on behalf of Goodrich Corporation (Attachments: #1 Exhibit DECLARATION OF GOODRICH CORPORATION PURSUANT TO RULE 7.1(a), #2 Certificate of Service)(Parshall, Jonathan) |
| Filing 4 NOTICE of Appearance by Irina N. Luzhatsky on behalf of McDonnell Douglas Corporation (Attachments: #1 Certificate of Service)(Luzhatsky, Irina) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Northrop-Grumann Corporation. (Texter, Allison) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from Superior Court of the State of Delaware, Case Number N23C-07-185 (ABS) (Filing fee $402, receipt number ADEDC-4235733)- filed by Northrop-Grumann Corporation. (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Civil Cover Sheet)(apk) |
| DEFICIENCY NOTICE issued by the Court to Defendant Northrop-Grumann Corporation: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (apk) |
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