Matey v. Crane Co., et al
| Irma Matey and Richard D. Matey |
| Air & Liquid Systems Corporation, Buffalo Pumps, Inc., Crane Co., Deming Pump Co., Cochrane Corporation, Chapman Valve Co., National-US Radiator Corp., Swartwout Co., Pacific Steel Boiler Corporation, General Electric Company, Viacom CBS Inc. f/k/a CBS Corporation f/k/a Viacom Inc., BW/IP, Inc., Byron Jackson Pumps, Carrier Corporation, United Technologies Corp., Bryant Heating, Caterpillar, Inc., Derbyshire Machine & Tool Co., Flowserve US, Inc., Durametallic Corporation, Rockwell Manufacturing Company, Edward Valves, Nordstrom Valves, Inc., Vogt Valve Company, FMC Corporation, Chicago Pump Company, Northern Pump Company, Peerless Pump Company, Gardner Denver, Inc., Grinnell LLC, d/b/a Grinnell Corporation, Honeywell, Inc., IMO Industries, Inc., f/k/a Delaval Turbine, Inc., ITT LLC, ITT Corporation, Bell & Gossett, Foster Engineering, James Walker MFG. Co., Metropolitan Life Insurance CO.;, Robertshaw Controls Company, Fulton Sylphon Company, Spirax Sarco, Inc., Strahman Valves, Inc., Tate, d/b/a Tes Corp., f/k/a Tate Engineering Systems, Inc., Warren Pumps, LLC, Warren Pumps, Inc., Quimby Equipment Co., Inc., Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill Co., Inc., Viacom CBS Inc., IMO Industries, Inc., Tate doing business as Tes Corp formerly known as Tate Engineering Systems, Inc., Weir Valves & Controls USA, Inc., CBS Corporation, Grinnell LLC doing business as Grinnell Corporation, Delaval Turbine, Inc., James Walker Mfg., Co., Metropolitan Life Insurance Co., Tate Engineering Systems, Inc., Atwood & Morrill Co., Inc., Armstrong International, Inc. and Paramount Global |
| Jonathan Hollingshead |
| 8:2022cv00841 |
| April 8, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| P.I. : Asbestos |
| 28 U.S.C. § 1446 Notice of Removal-Personal Injury |
| Both |
Docket Report
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| Filing 235 JUDGMENT dismissing case with prejudice as to Defendants Robertshaw Controls Co. and Metropolitan Life Insurance Co. Signed by Deputy Clerk on 10/11/2023. (ABC) |
Filing 234
ENDORSED ORDER: In accordance with Plaintiff's #231 motion for voluntary dismissal with prejudice, which is agreed to by Defendants Robertshaw Controls Co., and Metropolitan Life Insurance Co., the Court dismisses this action with prejudice under Federal Rule of Civil Procedure 41(a)(2) as to those defendants. The Clerk is directed to enter judgment as to those defendants, which shall read "This case is dismissed with prejudice," and to terminate Robertshaw and Metropolitan Life as parties. Plaintiff's motion is denied as to Flowserve US, Inc., because the Court has already directed entry of a judgment of dismissal without prejudice in Flowserve's favor. See (Docs. #133, 134, #137). Because all defendants are now subject to a Sixty-Day Order or have been properly dismissed, the Clerk is directed to terminate any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 10/10/2023. (ZG)
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Filing 233
ORDER RE NOTICE OF SETTLEMENT. The Clerk is directed to terminate Redco Corp., f/k/a Crane Co., individually and as a successor in interest, as a defendant. Signed by Judge Kathryn Kimball Mizelle on 10/10/2023. (ZG)
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| Filing 232 NOTICE of settlement by Irma Matey (Ostrowski, Mary) |
| Filing 231 Unopposed MOTION to Dismiss Defendants Robertshaw Controls Company, Metropolitan Life Insurance Co., Flowserve US Inc. by Irma Matey. (Ostrowski, Mary) Modified text on 10/10/2023 to remove all capitalization (LSS). |
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Filing 230
ENDORSED ORDER: In the light of Plaintiff's representation that she has settled with or agreed to dismiss all remaining defendants, see (Doc. #228), the Court will cancel the pretrial conference scheduled for October 12, 2023, at 1:30 p.m. absent an objection from the Parties by October 6, 2023. Signed by Judge Kathryn Kimball Mizelle on 10/5/2023. (ZG)
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Filing 229
ENDORSED ORDER: On October 3, 2023, Plaintiff filed a "Notice of Voluntary Dismissal Without Prejudice Against All Defendants of Record." See (Doc. #228). Because defendants have answered and moved for summary judgment, a notice of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i) is inappropriate. If Plaintiff wishes to move for the Court to approve dismissal of this action under Rule 41(a)(2) (either in whole or with respect to particular defendants) she is advised to file a motion to that effect. Any such motion should contain (1) a list of the defendants against which Plaintiff seeks to dismiss her claims; (2) an indication for each listed defendant whether Plaintiff seeks dismissal with or without prejudice; and (3) a certification that Plaintiff has conferred with each listed or remaining defendant regarding the motion advising the Court of those defendants' position with respect to the motion. See Local Rule 3.01(g). Signed by Judge Kathryn Kimball Mizelle on 10/4/2023. (ZG)
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| Filing 228 NOTICE of voluntary dismissal by Irma Matey (Ostrowski, Mary) |
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Filing 227
ORDER RE NOTICE OF SETTLEMENT. The Clerk is directed to terminate Defendant Honeywell, Inc., as a party. Signed by Judge Kathryn Kimball Mizelle on 10/2/2023. (ZG)
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| Filing 226 NOTICE of settlement by Irma Matey (Ostrowski, Mary) |
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Filing 225
ORDER RE NOTICE OF SETTLEMENT. The Clerk is directed to terminate Defendant General Electric Company as a party. Signed by Judge Kathryn Kimball Mizelle on 9/21/2023. (ZG)
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| Filing 224 NOTICE of WITHDRAWAL of motion re #168 Motion for Summary Judgment filed by General Electric Company by General Electric Company (Collings, Christopher) |
| Filing 223 NOTICE of settlement by Irma Matey (Ostrowski, Mary) |
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Filing 222
ORDER RE NOTICES OF SETTLEMENT. The Clerk is directed to terminate Defendants IMO Industries, Inc., Warren Pumps, LLC, and Caterpillar, Inc., as parties. Signed by Judge Kathryn Kimball Mizelle on 9/18/2023. (ZG)
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| Filing 221 NOTICE of settlement by Irma Matey (Ostrowski, Mary) |
| Filing 220 NOTICE of WITHDRAWAL of motion re #195 Motion for Summary Judgment filed by Caterpillar, Inc. by Caterpillar, Inc. (Ferguson, Timothy) |
| Filing 219 NOTICE of WITHDRAWAL of motion re #177 Motion for Summary Judgment filed by Warren Pumps, LLC by Warren Pumps, LLC (Melaragno, Peter) |
| Filing 218 NOTICE of settlement by Irma Matey (Ostrowski, Mary) |
| Filing 217 NOTICE of settlement by Irma Matey (Ostrowski, Mary) |
| Filing 216 NOTICE of Appearance by Mary Ostrowski on behalf of Irma Matey (Ostrowski, Mary) |
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Filing 215
ENDORSED ORDER: On August 25, 2023, Matey and Robertshaw Controls Company filed a stipulation of dismissal under Rule 41(a)(1)(A)(ii). Because the stipulation is not signed by all parties who have appeared, dismissal is not appropriate under Rule 41(a)(1)(A)(ii). The Court directs the Clerk to STRIKE the #214 Stipulation. The parties may refile the stipulation with the requisite signatures or move for dismissal under Rule 41(a)(2). Signed by Judge Kathryn Kimball Mizelle on 8/29/2023. (ZG)
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| Filing 214 ***STRICKEN Pursuant to Endorsed Order 215. STIPULATION of Dismissal by Robertshaw Controls Company. (Reddin, John) Modified on 8/29/2023 to edit text per E.O. 215 (ABC). |
| Filing 213 NOTICE TO COUNSEL Stuart L. Cohen and John C. Reddin of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
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Filing 212
ORDER denying #205 Defendant General Electric's Motion to Compel. Signed by Magistrate Judge Sean P. Flynn on 7/20/2023. (ACS)
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| Filing 211 RESPONSE in Opposition re #205 MOTION to Compel Depositions of Plaintiff's Experts filed by Irma Matey. (Attachments: #1 Exhibit A, #2 Exhibit B)(Thomas, Alexis) |
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Filing 210
ENDORSED ORDER: On June 19, 2023, Plaintiff responded #206 to this Court's Order 204 to show cause why the action against Defendants Crane Co. and Derbyshire Machine & Tool Co. should not be dismissed for failure to prosecute diligently. On review of Plaintiff's response, Plaintiff's claims against Derbyshire are DISMISSED without prejudice for failure to prosecute. See Local Rule 3.10. The Court's show-cause Order is DISCHARGED as to Crane. Signed by Judge Kathryn Kimball Mizelle on 6/21/2023. (ZG)
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| Filing 209 REPLY to Response to Motion re #177 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Warren Pumps, LLC. (Melaragno, Peter) |
| Filing 208 REPLY to Response to Motion re #195 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Ferguson, Timothy) |
| Filing 207 REPLY to Response to Motion re #173 MOTION for Summary Judgment filed by Honeywell, Inc. (Cunningham, Troy) |
| Filing 206 RESPONSE TO ORDER TO SHOW CAUSE re 204 Order filed by Irma Matey. (Attachments: #1 Exhibit A - Crane Co.'s Answer)(Thomas, Alexis) |
| Filing 205 MOTION to Compel Depositions of Plaintiff's Experts by General Electric Company. (Attachments: #1 Exhibit Correspondence dated 3.24.23, #2 Exhibit Email dated 3.29.23, #3 Exhibit Email dated 4.27.23, #4 Exhibit Email dated 5.4.23, #5 Exhibit Email chain dated 5.15.23, #6 Exhibit Email chain with emails dated 5.25.23 and 6.5.23)(Collings, Christopher) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 204
ENDORSED ORDER: Defendant Derbyshire Machine & Tool Co. has failed to appear, file a corporate disclosure statement, or otherwise defend this action since it began over a year ago. Defendant Crane Co. has failed to file an answer or otherwise respond to the Complaint. Plaintiff has failed to move for a clerk's default within the time prescribed by the Local Rules and has failed to show good cause for her failure to do so. Plaintiff attempted to dismiss Defendant Metropolitan Life Insurance Co. (see doc. 74) but failed to comply with the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), see 86. If Plaintiff would like to voluntarily dismiss her claims against Defendant Metropolitan Life Insurance Co., she must re-file her notice of voluntary dismissal in compliance with the Federal Rules of Civil Procedure. Additionally, by June 16, 2023, Plaintiff must show cause why the action against Defendants Crane Co. and Derbyshire Machine & Tool Co. should not be dismissed for failure to prosecute diligently. Signed by Judge Kathryn Kimball Mizelle on 6/12/2023. (RLD)
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| Filing 203 REPLY to Response to Motion re #168 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by General Electric Company. (Collings, Christopher) |
| Filing 202 RESPONSE in Opposition re #177 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Irma Matey. (Attachments: #1 Exhibit A - Conner Depo, #2 Exhibit B - Ship Records, #3 Exhibit C - Burger Report, #4 Exhibit D - Warren Invoice, #5 Exhibit E - Staggs Report, #6 Exhibit F - Tsai Report, #7 Exhibit G - Doktor Depo)(Thomas, Alexis) |
| Filing 201 RESPONSE in Opposition re #173 MOTION for Summary Judgment filed by Irma Matey. (Attachments: #1 Exhibit A - Conner Depo, #2 Exhibit B - Ship Records, #3 Exhibit C - Capt Burger Report, #4 Exhibit D - Corp Rep Dep, #5 Exhibit E - Staggs Report, #6 Exhibit F - Tsai Report)(Thomas, Alexis) |
| Filing 200 RESPONSE in Opposition re #195 MOTION for Summary Judgment filed by Irma Matey. (Attachments: #1 Exhibit A - Conner Depo Transcript, #2 Exhibit B - Caterpillar Ship Recs attached as composite exhibit, #3 Exhibit C - Burger Report, #4 Exhibit D - Ratzlaff Affidavit, #5 Exhibit E - Staggs Report, #6 Exhibit F - Tsai Report)(Thomas, Alexis) |
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Filing 199
ENDORSED ORDER: Defendant James Walker Manufacturing Co. has failed to appear, file a corporate disclosure statement, or otherwise defend this action since it began over a year ago. Plaintiff has failed to move for a clerk's default within the time prescribed by the Local Rules and has failed to show good cause for her failure to do so. Plaintiff's lack of diligence in the prosecution of her claims and refusal to comply with court orders and local rules is a clear pattern of delay that warrants dismissal of this defendant. Defendant James Walker Manufacturing Co. is therefore dismissed without prejudice. Signed by Judge Kathryn Kimball Mizelle on 5/31/2023. (RLD)
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| Filing 198 MEDIATION report Hearing held on May 23,2023. Hearing outcome: Impasse. (Hollingshead, Jonathan) |
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Filing 197
ENDORSED ORDER: Lead Counsel did not file the mediation report that was due May 30, 2023. Lead Counsel must do so by June 6, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/31/2023. (RLD)
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| Filing 196 RESPONSE in Opposition re #168 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Irma Matey. (Attachments: #1 Exhibit A - Conner Depo, #2 Exhibit B - Suribachi Ship Recs, #3 Exhibit C - Burger Report, #4 Exhibit D - GEI-19320 instructions, #5 Exhibit E - Banaszewski Dep, #6 Exhibit F - Staggs Report, #7 Exhibit G - Tsai Report, #8 Exhibit H - Interrogatories)(Thomas, Alexis) |
| Filing 195 MOTION for Summary Judgment by Caterpillar, Inc. (Attachments: #1 Exhibit)(Ferguson, Timothy) |
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Filing 194
ENDORSED ORDER: Defendant Caterpillar, Inc.'s motion to file an amended motion for summary judgment #193 is granted. Caterpillar is directed to file an amended version of its motion for summary judgment and the Clerk is directed to strike Caterpillar's original motion #175. Signed by Judge Kathryn Kimball Mizelle on 5/26/2023. (RLD)
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| Filing 193 MOTION to Amend #175 MOTION for Summary Judgment by Caterpillar, Inc. (Attachments: #1 Exhibit Motion for Summary Judgment, #2 Exhibits to Caterpillar's MSJ)(Ferguson, Timothy) |
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Filing 192
ENDORSED ORDER granting #189, #190, #191, Motions for Extension of Time to File Response. Plaintiff must respond to the motions for summary judgment by Defendants Honeywell, Caterpillar, and Warren Pumps by June 5, 2023. These Defendants may then file a reply no later than June 20, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/25/2023. (RLD)
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| Filing 191 Unopposed MOTION for Extension of Time to File Response/Reply as to #177 MOTION for Summary Judgment and Incorporated Memorandum of Law, #178 Statement of undisputed facts by Irma Matey. (Thomas, Alexis) |
| Filing 190 Unopposed MOTION for Extension of Time to File Response/Reply as to #176 Statement of undisputed facts, #175 MOTION for Summary Judgment by Irma Matey. (Thomas, Alexis) |
| Filing 189 Unopposed MOTION for Extension of Time to File Response/Reply as to #174 Statement of undisputed facts, #173 MOTION for Summary Judgment by Irma Matey. (Thomas, Alexis) |
| Filing 188 JUDGMENT entered as dismissed under Fed. R. Civ. P. 41(a) as to ITT LLC. Signed by Deputy Clerk on 5/23/2023. (SET) |
| Filing 187 JUDGMENT entered as dismissed under Fed. R. Civ. P. 41(a) as to Grinnell LLC. Signed by Deputy Clerk on 5/23/2023. (SET) |
| Filing 186 JUDGMENT entered as dismissed under Fed. R. Civ. P. 41(a) as to Carrier Corporation. Signed by Deputy Clerk on 5/23/2023. (SET) |
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Filing 185
ENDORSED ORDER TO SHOW CAUSE: Defendant James Walker Manufacturing Co. has failed to appear, file a corporate disclosure statement, or otherwise defend against this action. To date, Plaintiff has not moved for a Clerk's Default against Defendant James Walker Manufacturing Co. By May 30, 2023, Plaintiff must show cause why the action against this Defendant should not be dismissed for failure to prosecute diligently. Signed by Judge Kathryn Kimball Mizelle on 5/23/2023. (RLD)
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Filing 184
ENDORSED ORDER: Plaintiff has filed #181, #182, and #183, Stipulations of Dismissal without prejudice as to Defendants Carrier Corp., Grinnell, LLC, and ITT, LLC. Because the stipulations have been signed by all parties who have appeared, these stipulations are self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions as to these Defendants and to enter judgment as dismissed under Fed. R. Civ. P. 41(a) as to these defendants only. Signed by Judge Kathryn Kimball Mizelle on 5/23/2023. (RLD)
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| Filing 183 STIPULATION of Dismissal Without Prejudice by ITT LLC. (McCutcheon, Caitlyn) |
| Filing 182 STIPULATION of Dismissal Without Prejudice by Grinnell LLC. (McCutcheon, Caitlyn) |
| Filing 181 STIPULATION of Dismissal Without Prejudice by Carrier Corporation. (McCutcheon, Caitlyn) |
| Filing 180 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Paramount Global/Viacom CBS. Signed by Deputy Clerk on 5/8/2023. (LNR) |
| Filing 179 CERTIFICATE of compliance re #178 Statement of undisputed facts Certificate of Good Faith Conferral with Regard to its Motion for Summary Judgment by Warren Pumps, LLC. (Melaragno, Peter) |
| Filing 178 STATEMENT of undisputed facts re: #177 MOTION for Summary Judgment and Incorporated Memorandum of Law by Warren Pumps, LLC.. (Melaragno, Peter) |
| Filing 177 MOTION for Summary Judgment and Incorporated Memorandum of Law by Warren Pumps, LLC. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Plaintiff's Answers to Master Interrogatories, #3 Exhibit Partial VA Medical Records for Richard Matey, #4 Exhibit Deposition of Urgentine Connor 11-30-22, #5 Exhibit Report of Capt. Francis Burger, #6 Exhibit DD-214 for Richard Matey, #7 Exhibit Report of Brent Staggs, MD, #8 Exhibit Report of Candace Tsai, Sc.D, CIH)(Melaragno, Peter) |
| Filing 176 STATEMENT of undisputed facts re: #175 MOTION for Summary Judgment by Caterpillar, Inc... (Ferguson, Timothy) |
| Filing 175 MOTION for Summary Judgment by Caterpillar, Inc.. (Ferguson, Timothy) |
| Filing 174 STATEMENT of undisputed facts re: #173 MOTION for Summary Judgment by Honeywell, Inc... (Cunningham, Troy) |
| Filing 173 MOTION for Summary Judgment by Honeywell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cunningham, Troy) |
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Filing 172
ENDORSED ORDER: Plaintiff has filed 171 Stipulation of Dismissal without prejudice as to Defendant Paramount Global/Viacom CBS. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions as to this Defendant and to enter judgment as dismissed under Fed. R. Civ. P. 41(a) as to this defendant only. Signed by Judge Kathryn Kimball Mizelle on 5/5/2023. (RLD)
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| Filing 171 STIPULATION of Dismissal as to Paramount Global by Paramount Global. (Collings, Christopher) |
| Filing 170 CERTIFICATE of compliance (Certificate of Good Faith Conferral) re #168 MOTION for Summary Judgment and Incorporated Memorandum of Law, #169 Statement of undisputed facts, by General Electric Company. (Collings, Christopher) |
| Filing 169 STATEMENT of undisputed facts re: #168 MOTION for Summary Judgment and Incorporated Memorandum of Law (Joint Statement of Undisputed Facts) by General Electric Company. (Attachments: #1 Exhibit Deposition Transcript of Urgentine Conner, #2 Exhibit Captain Francis J. Burger (Plaintiff expert) report, #3 Exhibit Plaintiff Responses to Defendant Standard Interrogatories)(Collings, Christopher) |
| Filing 168 MOTION for Summary Judgment and Incorporated Memorandum of Law by General Electric Company. (Collings, Christopher) |
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Filing 167
ENDORSED ORDER: The parties are reminded that prior to the filing of a motion for summary judgment, the moving party must confer in good faith with the opposing party to narrow factual issues in dispute, and that the moving party must file a separate "Joint Statement of Undisputed Facts" agreed upon by all parties. See Doc. #90 at 4-5. Signed by Judge Kathryn Kimball Mizelle on 4/28/2023. (RLD)
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Filing 166
ENDORSED ORDER: Plaintiff has filed #165 Joint Stipulation of Dismissal without prejudice as to Defendant Weir Valves & Controls, USA. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate this defendant in this action. Signed by Judge Kathryn Kimball Mizelle on 4/14/2023. (RLD)
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| Filing 165 STIPULATION of Dismissal Without Prejudice as to Defendant Weir Valves & Controls USA, Inc. by Weir Valves & Controls USA, Inc. (Melaragno, Peter) |
| Filing 164 NOTICE of Appearance by Edward J. Briscoe on behalf of Warren Pumps, LLC (Briscoe, Edward) |
| Filing 163 NOTICE of Appearance by Edward J. Briscoe on behalf of IMO Industries, Inc. (Briscoe, Edward) |
| Filing 162 NOTICE of Appearance by Peter J. Melaragno on behalf of Warren Pumps, LLC (Melaragno, Peter) |
| Filing 161 NOTICE of Appearance by Peter J. Melaragno on behalf of IMO Industries, Inc. (Melaragno, Peter) |
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Filing 160
ENDORSED ORDER granting [156, 158] Defendant Warren Pumps LLC's Motions to Withdraw as Attorney. Attorneys Amanda Rae Cachaldora and Melanie E. Chung-Tims are terminated as counsel of record for Defendant Warren Pumps LLC and relieved of any further responsibility in this matter. Attorneys Edward Briscoe and Peter Melaragno are substituted as counsel for Defendant Warren Pumps LLC. Signed by Magistrate Judge Sean P. Flynn on 4/4/2023. (ACS)
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Filing 159
ENDORSED ORDER granting [155, 157] Defendant IMO Industries, Inc.'s Motions to Withdraw as Attorney. Attorneys Amanda Rae Cachaldora and Melanie E. Chung-Tims are terminated as counsel of record for Defendant IMO Industries, Inc. and relieved of any further responsibility in this matter. Attorneys Edward Briscoe and Peter Melaragno are substituted as counsel for Defendant IMO Industries, Inc. Signed by Magistrate Judge Sean P. Flynn on 4/4/2023. (ACS)
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| Filing 158 MOTION for Melanie Chung-Tims to Withdraw as Attorney by Warren Pumps, LLC. (Chung-Tims, Melanie) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 157 MOTION for Melanie Chung-Tims to Withdraw as Attorney by IMO Industries, Inc. (Chung-Tims, Melanie) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 156 MOTION for Amanda Cachaldora to Withdraw as Attorney by Warren Pumps, LLC. (Cachaldora, Amanda) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 155 MOTION for Amanda Cachaldora to Withdraw as Attorney by IMO Industries, Inc. (Cachaldora, Amanda) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 154 NOTICE of Appearance by David Lanier Luck on behalf of Honeywell, Inc. (Luck, David) |
| Filing 153 NOTICE of Appearance by Troy P. Cunningham on behalf of Honeywell, Inc. (Cunningham, Troy) |
| Filing 152 NOTICE of Lead Counsel Designation by Todd R. Ehrenreich on behalf of Honeywell, Inc. Lead Counsel: Todd Ehrenreich. (Ehrenreich, Todd) |
| Filing 151 NOTICE TO COUNSEL Troy P. Cunningham and Todd R. Ehrenreich of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LNR) |
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Filing 150
ENDORSED ORDER granting #149 Defendant Honeywell, Inc.'s Unopposed Motion to Withdraw as Attorney. Attorney Eduardo J. Medina terminated as counsel of record for Defendant Honeywell, Inc. and relieved of any further responsibility in this matter. Attorneys Troy Cunningham and Todd Ehrenreich are substituted as counsel for Defendant Honeywell, Inc. Signed by Magistrate Judge Sean P. Flynn on 3/22/2023. (ACS)
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| Filing 149 MOTION for Eduardo J. Medina to Withdraw as Attorney by Honeywell, Inc. (Medina, Eduardo) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 148 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Gardner Denver, Inc. only. Signed by Deputy Clerk on 3/16/2023. (LNR) |
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Filing 147
ENDORSED ORDER: Defendant Gardner Denver, Inc. has filed #146 Stipulation of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Gardner Denver, Inc. only. Signed by Judge Kathryn Kimball Mizelle on 3/15/2023. (RLD)
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| Filing 146 STIPULATION of Dismissal by Gardner Denver, Inc. (Kibbe, Rebecca) |
| Filing 145 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Strahman Valves, Inc. only. Signed by Deputy Clerk on 3/14/2023. (LNR) |
| Filing 144 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Tate Engineering Systems, Inc. only. Signed by Deputy Clerk on 3/14/2023. (LNR) |
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Filing 143
ENDORSED ORDER: Defendant Strahman Valves, Inc. has filed #142 Stipulation of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Strahman Valves, Inc. only. Signed by Judge Kathryn Kimball Mizelle on 3/13/2023. (RLD)
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| Filing 142 STIPULATION of Dismissal by Strahman Valves, Inc. (Ferguson, Timothy) |
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Filing 141
ENDORSED ORDER: Defendant Tate Engineering Sytems, Inc. has filed #140 Stipulation of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Tate Engineering Systems, Inc. only. Signed by Judge Kathryn Kimball Mizelle on 3/13/2023. (RLD)
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| Filing 140 STIPULATION of Dismissal by Tate. (Perotti, Albert) |
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Filing 139
ENDORSED ORDER: Plaintiff Matey and Defendant Strahman Valves, Inc. have filed a stipulation of dismissal under Rule 41. Since other defendants have filed an answer, dismissal is not allowed under Rule 41(a)(1)(A)(i). And since not all parties who have appeared have signed the stipulation, dismissal is not appropriate under Rule 41(a)(1)(A)(ii). See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277 (11th Cir. 2012). Accordingly, this dismissal is invalid. The Court directs the Clerk to STRIKE the #136 Stipulation of Dismissal. Signed by Judge Kathryn Kimball Mizelle on 3/10/2023. (RLD)
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| Filing 138 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant BW/IP, Inc. only. Signed by Deputy Clerk on 3/10/2023. (LNR) |
| Filing 137 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Flowserve US, Inc. only. Signed by Deputy Clerk on 3/10/2023. (LNR) |
| Filing 136 ***STRICKEN; pursuant to court's endorsed order 139.*** STIPULATION of Dismissal by Strahman Valves, Inc. (Ferguson, Timothy) Modified text on 3/13/2023 (LNR). |
| Filing 135 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant FMC Corp. only. Signed by Deputy Clerk on 3/9/2023. (LNR) |
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Filing 134
ENDORSED ORDER: Defendants BW/IP Inc. and Flowserve US have filed #132 and #133 Stipulations of Dismissal. Because both documents have been signed by all parties who have appeared, these stipulations are self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendants BW/IP, Inc. and Flowserve US only. Signed by Judge Kathryn Kimball Mizelle on 3/9/2023. (RLD)
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| Filing 133 STIPULATION of Dismissal as to Defendant Flowserve US, Inc. by Flowserve US, Inc.(solely as successor to Durametallic Corporation) (Alley, Todd) |
| Filing 132 STIPULATION of Dismissal as to Defendant BWIP, Inc. by BW/IP, Inc. (Alley, Todd) |
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Filing 131
ENDORSED ORDER: Defendant FMC Corp. has filed #130 Stipulation of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant FMC Corp. only. Signed by Judge Kathryn Kimball Mizelle on 3/8/2023. (RLD)
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| Filing 130 STIPULATION of Dismissal Without Prejudice as to Defendant FMC Corporation by FMC Corporation. (Reddin, John) |
| Filing 129 JUDGMENT is entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Spirax Sarco, Inc. only. Signed by Deputy Clerk on 3/6/2023. (SET) |
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Filing 128
ENDORSED ORDER: Defendant Spirax Sarco, Inc. has filed 127 Stipulation of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Spirax Sarco, Inc. only. Signed by Judge Kathryn Kimball Mizelle on 3/6/2023. (RLD)
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| Filing 127 STIPULATION of Dismissal Without Prejudice as to Defendant Spirax Sarco, Inc. by Spirax Sarco, Inc. (Melaragno, Peter) Modified text on 3/6/2023 (SET). |
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Filing 126
ENDORSED ORDER granting in part and denying in part #121 Plaintiff's Motion for Extension of Time. The case management deadlines are extended as follows: Plaintiff's expert disclosure deadline is extended to Feb. 17, 2023; Defendants' Expert Disclosures are due by March 14, 2023; the parties' deadline for disclosing rebuttal experts is March 28, 2023 and the deadline for deposing damage witnesses is April 28, 2023. The deadline for filing Daubert and dispositive motions is extended to May 5, 2023. All other case management deadlines remain the same.Signed by Magistrate Judge Sean P. Flynn on 1/30/2023. (ACS)
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| Filing 125 JUDGMENT entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Armstrong International, Inc. only. Signed by Deputy Clerk on 1/24/2023. (LNR) |
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Filing 124
ENDORSED ORDER: Plaintiff has filed #123 Stipulation of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Armstrong International, Inc. only. Signed by Judge Kathryn Kimball Mizelle on 1/23/2023. (RLD)
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| Filing 123 STIPULATION of Dismissal of Armstrong International, Inc. by Irma Matey. (Thomas, Alexis) |
| Filing 122 NOTICE of Reservation of Rights by Irma Matey (Thomas, Alexis) Modified text on 1/19/2023 (SET). |
| Filing 121 Emergency MOTION for Extension of Time to Complete Discovery by Irma Matey. (Thomas, Alexis) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 1/17/2023 (MCB). |
| Filing 120 JUDGMENT entered as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Air and Liquid Systems Corp. only. Signed by Deputy Clerk on 1/12/2023. (LNR) |
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Filing 119
ENDORSED ORDER: Plaintiff has filed #118 Joint Stipulation and Order of Dismissal. Because it has been signed by all parties who have appeared, this stipulation is self-executing. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1278 (11th Cir. 2012); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate any deadlines and pending motions, and enter judgment as dismissed pursuant to Fed. R. Civ. P. 41(a) as to defendant Air and Liquid Systems Corp. only. Signed by Judge Kathryn Kimball Mizelle on 1/11/2023. (RLD)
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| Filing 118 STIPULATION of Dismissal by Irma Matey. (Thomas, Alexis) |
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Filing 117
ENDORSED ORDER: Plaintiff Matey and Defendant Armstrong International, Inc. have filed a stipulation of dismissal under Rule 41. Since other defendants have filed an answer, dismissal is not allowed under Rule 41(a)(1)(A)(i). And since not all parties who have appeared have signed the stipulation, dismissal is not appropriate under Rule 41(a)(1)(A)(ii). See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277 (11th Cir. 2012). Accordingly, this dismissal is invalid. The Court directs the Clerk to STRIKE the #116 Stipulation of Dismissal. Signed by Judge Kathryn Kimball Mizelle on 1/5/2023. (RLD)
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| Filing 116 ***STRICKEN; pursuant to court's endorsed order 117.*** STIPULATION of Dismissal by Armstrong International, Inc. (Horn, Hanson) Modified text on 1/6/2023 (LNR). |
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Filing 115
ENDORSED ORDER granting #112 Defendant Gardner Denver, Inc.'s Notice of Substitution, which the Court construes as a Motion to Substitute Attorney. Attorney Todd Carlton Alley is terminated as counsel of record for Gardner Denver, Inc. and relieved of any further responsibility as to Gardner Denver, Inc. in this matter. Attorney Rebecca Kibbe is substituted as counsel of record for Defendant Gardner Denver, Inc. Signed by Magistrate Judge Sean P. Flynn on 1/4/2023. (ACS)
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Filing 114
ENDORSED ORDER: Plaintiff Matey and Defendant Air & Liquid Systems Corporation have filed a stipulation of dismissal under Rule 41. Since other defendants have filed an answer, dismissal is not allowed under Rule 41(a)(1)(A)(i). And since not all parties who have appeared have signed the stipulation, dismissal is not appropriate under Rule 41(a)(1)(A)(ii). See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277 (11th Cir. 2012). Accordingly, this dismissal is invalid. The Court directs the Clerk to STRIKE the #113 Stipulation of Dismissal. Signed by Judge Kathryn Kimball Mizelle on 1/4/2023. (RLD)
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| Filing 113 ***STRICKEN; pursuant to court's endorsed order 114.*** STIPULATION of Dismissal by Air & Liquid Systems Corporation. (Cachaldora, Amanda) Modified text on 1/5/2023 (LNR). |
| Filing 112 MOTION to Substitute Attorney for Defendant Gardner Denver, Inc. by Gardner Denver, Inc. (Attachments: #1 Text of Proposed Order)(Kibbe, Rebecca) Modified text on 1/4/2023 (LNR). |
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Filing 111
MEDIATION ORDER: This case is set for mediation on May 23, 2023. Within seven days following the mediation conference, Lead Counsel shall file a Mediation Report. Signed by Judge Kathryn Kimball Mizelle on 12/16/2022. (RLD)
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| Filing 110 NOTICE of mediation conference/hearing to be held on May 23rd, 2023, at 10:00 a.m. EST before Jonathan Hollingshead. (Thomas, Alexis) |
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Filing 109
ENDORSED ORDER: Upon review of the Notice of Selection of Designation of Mediator, the Court finds that it fails to provide the proposed time or location for mediation. The Case Management and Scheduling Order requires the time and location of mediation be provided. Lead counsel is directed to provide the proposed time and location of mediation to the Court by December 19, 2022, so that the Court can enter a complete mediation order. Signed by Judge Kathryn Kimball Mizelle on 12/12/2022. (RLD)
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| Filing 108 NOTICE OF SELECTION of Jonathan Hollingshead as mediator by Irma Matey. (Thomas, Alexis) |
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Filing 107
ENDORSED ORDER: No later than December 16, 2022, Plaintiff must show cause for her failure to timely file a Mediation Notice. (See Doc. [#90].) Alternatively, she may file the notice by December 16, 2022. Signed by Judge Kathryn Kimball Mizelle on 12/9/2022. (RLD)
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Filing 106
ENDORSED ORDER granting in part #104 Plaintiff's Motion for Extension of Time.The Court notes that Defendants have not responded to the motion, and the time to do so has passed. Plaintiff's product identification witness deadline is extended to December 12, 2022. Signed by Magistrate Judge Sean P. Flynn on 10/21/2022. (ACS)
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Filing 105
ENDORSED ORDER withdrawing #102 Motion for Extension of Time to Complete Discovery; granting #103 Motion to Withdraw Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Sean P. Flynn on 10/4/2022. (ACS)
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| Filing 104 MOTION for Extension of Time to Complete Discovery Deposition by All Plaintiffs. (Thomas, Alexis) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 103 First MOTION to Withdraw #102 First MOTION for Extension of Time to Complete Discovery Deposition by All Plaintiffs. (Thomas, Alexis) |
| Filing 102 ***WITHDRAWN; pursuant to court's endorsed order 105.*** First MOTION for Extension of Time to Complete Discovery Deposition by All Plaintiffs. (Thomas, Alexis) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 10/5/2022 (LNR). |
| Filing 101 NOTICE of Appearance by Hanson Horn on behalf of Armstrong International, Inc. (Horn, Hanson) |
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Filing 100
ENDORSED ORDER granting #99 Motion to Withdraw as Attorney. Attorney Charles Edward Reynolds, II terminated. Signed by Magistrate Judge Sean P. Flynn on 9/19/2022. (Flynn, Sean)
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| Filing 99 MOTION for Charles Reynolds to Withdraw as Attorney by Armstrong International, Inc. (Reynolds, Charles) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 98
ENDORSED ORDER denying without prejudice #97 Joint Stipulation for Substitution of Counsel. The Court denied without prejudice the same filing on August 12, 2022 (see Doc. 95) (the only difference is the docketing attorney). Counsel is again directed to comply with Local Rule 2.02 (c) when moving to withdraw, which requires the withdrawing attorney (not a law firm) to file a motion rather than a stipulation. The movant is also advised that individual attorneys, not law firms, represent clients. Finally, the re-filed motion should state that the withdrawing attorney has complied with the notice requirements of Local Rule 2.02(c). Signed by Magistrate Judge Sean P. Flynn on 8/31/2022. (ACS)
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| Filing 97 Joint MOTION to Substitute Attorney by Armstrong International, Inc. (Reynolds, Charles) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 96 CORPORATE Disclosure Statement by Gardner Denver, Inc. identifying Corporate Parent Ingersoll-Rand, Corporate Parent T. Rowe Price Group, Inc. for Gardner Denver, Inc. (Alley, Todd) Modified on 8/30/2022 (SET). |
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Filing 95
ENDORSED ORDER denying without prejudice #94 Joint Stipulation for Substitution of Counsel, which the Court construes as a motion to substitute attorney. The motion does not comply with Local Rule 2.02(c), which requires a certification of notice to the client and also requires "[t]he withdrawing lawyer -- not the lawyer's present or former or another firm" to file the motion. The movant is advised that individual attorneys, not a law firm, represent clients. Signed by Magistrate Judge Sean P. Flynn on 8/12/2022. (ACS)
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| Filing 94 MOTION to Substitute Attorney by Armstrong International, Inc. (Horn, Hanson) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 93 NOTICE of change of address by Charles Edward Reynolds, II (Reynolds, Charles) |
| Filing 92 CERTIFICATE of interested persons and corporate disclosure statement by Tate. (Perotti, Albert) |
| Filing 91 NOTICE of a related action per Local Rule 1.07(c) by Tate. Related case(s): Yes (Perotti, Albert) |
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Filing 90
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by January 9, 2023. Dispositive motions due by April 21, 2023. Pretrial Conference scheduled for October 12, 2023 at 1:30 PM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the November 2023 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by June 2, 2023. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 6/9/2022. (GSO)
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| Filing 89 ANSWER and affirmative defenses to Complaint with Jury Demand by Tate.(Perotti, Albert) |
| Filing 88 NOTICE of Appearance by Albert Michael Perotti on behalf of Tate (Perotti, Albert) |
| Filing 87 NOTICE by Armstrong International, Inc. of Unavailability (Reynolds, Charles) |
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Filing 86
ENDORSED ORDER: The Court vacates its earlier 74 endorsed order, directs the Clerk to reinstate Defendant Metropolitan Life Insurance as a party, and directs the Clerk to strike Plaintiff's and Defendant Metropolitan Life Insurance's #73 notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) because the stipulation was not signed by all parties who have appeared as required by the rule for dismissal of any party under Rule 41(a)(1)(A)(ii). The parties may refile the stipulation with the requisite signatures or move for dismissal under Rule 41(a)(2). Signed by Judge Kathryn Kimball Mizelle on 5/24/2022. (JMB)
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| Filing 85 NOTICE of change of address by Christopher J. M. Collings (Collings, Christopher) |
| Filing 84 CASE MANAGEMENT REPORT. (Cachaldora, Amanda) |
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Filing 83
ENDORSED ORDER granting #82 Motion to Withdraw as Attorney. Attorney Lydia A. Plotz terminated. Signed by Magistrate Judge Sean P. Flynn on 5/16/2022. (Flynn, Sean)
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| Filing 82 MOTION for Lydia Plotz to Withdraw as Attorney by Irma Matey. (Thomas, Alexis) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 81
ENDORSED ORDER: Attorney Lydia Plotz is directed to comply with Local Rule 2.01(b)(G) governing Practice in the Middle District. By May 16, 2022, Attorney Plotz must register with the Middle District's CM/ECF system. Failure to comply with this order may result in the Court striking Attorney Plotz's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 5/9/2022. (JMB)
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| Filing 80 CERTIFICATE of interested persons and corporate disclosure statement by Crane Co. (Johnson, Rasheem) Modified text on 5/5/2022 (AG). |
| Filing 79 NOTICE of Appearance by Rasheem Malik Johnson on behalf of Crane Co. (Johnson, Rasheem) |
| Filing 78 CERTIFICATE of interested persons and corporate disclosure statement by Caterpillar, Inc. (Ferguson, Timothy) Modified on 5/2/2022 (AG). |
| Filing 77 CERTIFICATE of interested persons and corporate disclosure statement by Honeywell, Inc. (Medina, Eduardo) Modified text on 5/2/2022 (AG). |
| Filing 76 CERTIFICATE of interested persons and corporate disclosure statement by Strahman Valves, Inc. (Medina, Eduardo) Modified text on 5/2/2022 (AG). |
| Filing 75 NOTICE to counsel Lydia A. Plotz of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (AG) |
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Filing 74
(VACATED pursuant to the Court's 86 Order.) ENDORSED ORDER: Plaintiff filed a #73 Joint Stipulation of Voluntary Dismissal without prejudice as to Defendant Metropolitan Life Insurance. Because it has been signed by both parties, this stipulation is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012) ("[T]he plain language of Rule 41(a)(1)(A)(ii) requires that a stipulation filed pursuant to that subsection is self-executing and dismisses the case upon its becoming effective."); see also Plains Growers By & Through Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1974) (permitting dismissal of less than all defendants under Rule 41(a)(1)). The Clerk is directed to terminate this defendant to this action. Signed by Judge Kathryn Kimball Mizelle on 4/29/2022. (JMB) Modified on 5/25/2022 (AG).
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| Filing 73 (STRICKEN pursuant to the Court's 86 Endorsed Order.) NOTICE of voluntary dismissal by Irma Matey (Thomas, Alexis) Modified on 5/25/2022 (AG). |
| Filing 72 NOTICE of a related action per Local Rule 1.07(c) by Robertshaw Controls Company. Related case(s): Yes (Reddin, John) |
| Filing 71 NOTICE of a related action per Local Rule 1.07(c) by Flowserve US, Inc.(as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Vogt Valve Company). Related case(s): Yes (Reddin, John) |
| Filing 70 NOTICE of a related action per Local Rule 1.07(c) by FMC Corporation. Related case(s): Yes (Reddin, John) |
| Filing 69 CERTIFICATE of interested persons and corporate disclosure statement by Robertshaw Controls Company. (Cohen, Stuart) |
| Filing 68 CERTIFICATE of interested persons and corporate disclosure statement re #11 Civil Action Order by ITT LLC identifying Corporate Parent Sapphire Topco Inc. for ITT LLC. (McCutcheon, Caitlyn) |
| Filing 67 CERTIFICATE of interested persons and corporate disclosure statement re #11 Civil Action Order by Grinnell LLC identifying Corporate Parent Johnson Controls plc f/k/a Tyco International PLC for Grinnell LLC. (McCutcheon, Caitlyn) Modified text on 4/26/2022 (AG). |
| Filing 66 CERTIFICATE of interested persons and corporate disclosure statement re #11 Civil Action Order by Carrier Corporation. (McCutcheon, Caitlyn) |
| Filing 65 NOTICE of a related action per Local Rule 1.07(c) by ITT LLC. Related case(s): Yes (McCutcheon, Caitlyn) |
| Filing 64 NOTICE of a related action per Local Rule 1.07(c) by Grinnell LLC. Related case(s): Yes (McCutcheon, Caitlyn) |
| Filing 63 NOTICE of a related action per Local Rule 1.07(c) by Carrier Corporation. Related case(s): Yes (McCutcheon, Caitlyn) |
| Filing 62 CERTIFICATE of interested persons and corporate disclosure statement by FMC Corporation. (Reddin, John) |
| Filing 61 NOTICE of Appearance by John Charles Reddin on behalf of FMC Corporation (Reddin, John) |
| Filing 60 NOTICE of a related action per Local Rule 1.07(c) by Irma Matey. Related case(s): Yes (Thomas, Alexis) |
| Filing 59 CERTIFICATE of interested persons and corporate disclosure statement by Irma Matey. (Thomas, Alexis) |
| Filing 58 CERTIFICATE of interested persons and corporate disclosure statement by IMO Industries, Inc. identifying Corporate Parent ESAB Corporation for IMO Industries, Inc. (Cachaldora, Amanda) Modified text on 4/22/2022 (AG). |
| Filing 57 CERTIFICATE of interested persons and corporate disclosure statement by Warren Pumps, LLC identifying Corporate Parent ESAB Corporation for Warren Pumps, LLC. (Cachaldora, Amanda) |
| Filing 56 CERTIFICATE of interested persons and corporate disclosure statement by IMO Industries, Inc. identifying Corporate Parent ESAB Corporation for IMO Industries, Inc. (Cachaldora, Amanda) Modified text on 4/22/2022 (AG). |
| Filing 55 CERTIFICATE of interested persons and corporate disclosure statement by Flowserve US, Inc.(as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Vogt Valve Company). (Reddin, John) |
| Filing 54 NOTICE of Appearance by John Charles Reddin on behalf of Flowserve US, Inc.(as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Vogt Valve Company) (Reddin, John) Modified text on 4/22/2022 (AG). |
| Filing 53 ANSWER and affirmative defenses to First Amended Complaint with Jury Demand by Metropolitan Life Insurance Co. (Tacktill, Scott) Modified text on 4/20/2022 (AG). |
| Filing 52 NOTICE of a related action per Local Rule 1.07(c) by Weir Valves & Controls USA, Inc. Related case(s): Yes (Melaragno, Peter) Modified text on 4/20/2022 (AG). |
| Filing 51 CERTIFICATE of interested persons and corporate disclosure statement by Weir Valves & Controls USA, Inc. (Melaragno, Peter) Modified text on 4/20/2022 (AG). |
| Filing 50 NOTICE of a related action per Local Rule 1.07(c) by Spirax Sarco, Inc. Related case(s): Yes (Melaragno, Peter) Modified text on 4/20/2022 (AG). |
| Filing 49 CERTIFICATE of interested persons and corporate disclosure statement by Spirax Sarco, Inc. identifying Corporate Parent Spirax-Sarco Engineering, PLC, Other Affiliate Spirax-Sarco Investments, LTD, Other Affiliate Sarco International Corporation for Spirax Sarco, Inc. (Melaragno, Peter) Modified text on 4/20/2022 (AG). |
| Filing 48 NOTICE of a related action per Local Rule 1.07(c) by Armstrong International, Inc. Related case(s): Yes (Reynolds, Charles) Modified text on 4/19/2022 (AG). |
| Filing 47 NOTICE of Lead Counsel Designation by Charles Edward Reynolds, II on behalf of Armstrong International, Inc. Lead Counsel: Charles E. Reynolds. (Reynolds, Charles) Modified text on 4/19/2022. (AG) |
| Filing 46 CERTIFICATE of interested persons and corporate disclosure statement by Armstrong International, Inc. (Reynolds, Charles) Modified text on 4/19/2022 (AG). |
| Filing 45 NOTICE of a related action per Local Rule 1.07(c) by Gardner Denver, Inc. Related case(s): No (Alley, Todd) Modified text on 4/19/2022 (AG). |
| Filing 44 NOTICE of a related action per Local Rule 1.07(c) by Flowserve US, Inc.(solely as successor to Durametallic Corporation). Related case(s): No (Alley, Todd) |
| Filing 43 NOTICE of a related action per Local Rule 1.07(c) by BW/IP, Inc. Related case(s): No (Alley, Todd) Modified text on 4/19/2022 (AG). |
| Filing 42 ANSWER and affirmative defenses to First Amended Complaint by Warren Pumps, LLC. (Cachaldora, Amanda) Modified text on 4/19/2022 (AG). |
| Filing 41 ANSWER and affirmative defenses to First Amended Complaint by IMO Industries, Inc. (Cachaldora, Amanda) Modified text on 4/19/2022 (AG). |
| Filing 40 NOTICE of Appearance by Melanie E. Chung-Tims on behalf of Warren Pumps, LLC. (Chung-Tims, Melanie) Modified text on 4/19/2022 (AG). |
| Filing 39 NOTICE of Appearance by Melanie E. Chung-Tims on behalf of IMO Industries, Inc. (Chung-Tims, Melanie) |
| Filing 38 NOTICE of Appearance by Amanda Rae Cachaldora on behalf of Warren Pumps, LLC. (Cachaldora, Amanda) Modified text on 4/19/2022 (AG). |
| Filing 37 NOTICE of Appearance by Amanda Rae Cachaldora on behalf of IMO Industries, Inc. (Cachaldora, Amanda) |
| Filing 36 CERTIFICATE of interested persons and corporate disclosure statement re #11 Civil Action Order by General Electric Company identifying Other Affiliate GE Capital, Other Affiliate GE Capital Franchise Finance Corporation, Other Affiliate General Electric Credit Corporation of Tennessee, Other Affiliate GE Capital Equity, Other Affiliate Baker Hughes Company, Other Affiliate Aer Caps Holdings N.V., Other Affiliate GE Power India Limited, Other Affiliate GE T&D India Limited, Other Affiliate Indo Tech Transformers Limited, Other Affiliate Wuhan Boiler Company Ltd., Other Affiliate GE Capital Australia Funding Pty Ltd., Other Affiliate GE Capital Canda Funding Unlimited Company, Other Affiliate GE Capital European Funding Unlimited Company, Other Affiliate GE Capital Funding LLC, Other Affiliate GE Capital International Funding Company Unlimited Company, Other Affiliate GE Capital U.K.Funding Unlimited Company, Other Affiliate G E S C F Societe En Commandite Par Actions, Other Affiliate Security Capital Group Incorporated, Other Affiliate SUSA Partnership L.P. for General Electric Company. (Collings, Christopher) |
| Filing 35 NOTICE of a related action per Local Rule 1.07(c) by General Electric Company. Related case(s): No (Collings, Christopher) |
| Filing 34 CERTIFICATE of interested persons and corporate disclosure statement re #11 Civil Action Order by Paramount Global identifying Other Affiliate National Amusements Inc. for Paramount Global. (Collings, Christopher) |
| Filing 33 NOTICE of a related action per Local Rule 1.07(c) by Paramount Global. Related case(s): No (Collings, Christopher) |
| Filing 32 CORPORATE Disclosure Statement by Gardner Denver, Inc. (Alley, Todd) Modified text on 4/19/2022 (AG). |
| Filing 31 CORPORATE Disclosure Statement by Flowserve US, Inc. (solely as successor to Durametallic Corporation) identifying Corporate Parent Flowserve Corporation for Flowserve US, Inc. (Alley, Todd) Modified text on 4/19/2022 (AG). |
| Filing 30 CORPORATE Disclosure Statement by BW/IP, Inc. identifying Corporate Parent Flowserve Corporation for BW/IP, Inc. (Alley, Todd) Modified text on 4/19/2022 (AG). |
| Filing 29 NOTICE of Appearance by Eduardo J. Medina on behalf of Honeywell, Inc. (Medina, Eduardo) |
| Filing 28 NOTICE of Appearance by Timothy J. Ferguson on behalf of Strahman Valves, Inc. (Ferguson, Timothy) |
| Filing 27 NOTICE of Appearance by Timothy J. Ferguson on behalf of Caterpillar, Inc. (Ferguson, Timothy) |
| Filing 26 ANSWER and affirmative defenses to First Amended Complaint with Jury Demand by Grinnell LLC.(McCutcheon, Caitlyn) Modified text on 4/20/2022 (AG). |
| Filing 25 NOTICE of Lead Counsel Designation by Caitlyn R. McCutcheon on behalf of Grinnell LLC. Lead Counsel: Caitlyn R. McCutcheon. (McCutcheon, Caitlyn) |
| Filing 24 ANSWER and affirmative defenses to Complaint with Jury Demand by ITT LLC.(McCutcheon, Caitlyn) |
| Filing 23 NOTICE of Appearance by Caitlyn R. McCutcheon on behalf of ITT LLC (McCutcheon, Caitlyn) |
| Filing 22 ANSWER and affirmative defenses to Complaint with Jury Demand by FMC Corporation.(Reddin, John) Modified text on 4/13/2022 (MCB). |
| Filing 21 NOTICE of Appearance by John Charles Reddin on behalf of FMC Corporation (Reddin, John) |
| Filing 20 ANSWER and affirmative defenses to Complaint by Armstrong International, Inc.(Reynolds, Charles) Modified text on 4/13/2022 (MCB). |
| Filing 19 NOTICE of Appearance by Alexis Thomas on behalf of Irma Matey (Thomas, Alexis) |
| Filing 18 ANSWER and affirmative defenses to Complaint with Jury Demand by Carrier Corporation.(McCutcheon, Caitlyn) |
| Filing 17 NOTICE of Lead Counsel Designation by Caitlyn R. McCutcheon on behalf of Carrier Corporation. Lead Counsel: Caitlyn R. McCutcheon. (McCutcheon, Caitlyn) |
| Filing 16 NOTICE of Appearance by Todd Carlton Alley on behalf of BW/IP, Inc., Flowserve US, Inc., Gardner Denver, Inc. (Alley, Todd) |
| Filing 15 NOTICE of Flowserve US, Inc Appearance by John Charles Reddin on behalf of Flowserve US, Inc. (Reddin, John) |
| Filing 14 NOTICE of Appearance by John Charles Reddin on behalf of Robertshaw Controls Company (Reddin, John) |
| Filing 13 ROBERTSHAW CONTROLS COMPANY'S ANSWER and affirmative defenses to Complaint with Jury Demand of Plaintiff's First Amended Complaint by Robertshaw Controls Company.(Reddin, John) |
| Filing 12 Flowserve US, Inc. ANSWER and affirmative defenses to Complaint with Jury Demand of Plaintiff's First Amended Complaint by Flowserve US, Inc..(Reddin, John) |
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Filing 11
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after the case was removed for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 4/11/2022. (JMB)
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| Filing 10 NOTICE of Lead Counsel Designation by Christopher J. M. Collings on behalf of Paramount Global. Lead Counsel: Christopher J.M. Collings. (Collings, Christopher) |
| Filing 9 NOTICE of Lead Counsel Designation by Christopher J. M. Collings on behalf of General Electric Company. Lead Counsel: Christopher J.M. Collings. (Collings, Christopher) |
| Filing 8 ANSWER and affirmative defenses to Complaint with Jury Demand by Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill Co., Inc..(Melaragno, Peter) |
| Filing 7 ANSWER and affirmative defenses to Complaint with Jury Demand by Spirax Sarco, Inc..(Melaragno, Peter) |
| Filing 6 NOTICE of Appearance by Peter J. Melaragno on behalf of Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill Co., Inc. (Melaragno, Peter) |
| Filing 5 NOTICE of Appearance by Peter J. Melaragno on behalf of Spirax Sarco, Inc. (Melaragno, Peter) |
| Filing 4 NOTICE of Lead Counsel Designation by Edward J. Briscoe on behalf of Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill Co., Inc.. Lead Counsel: Edward J. Briscoe. (Briscoe, Edward) |
| Filing 3 NOTICE of Lead Counsel Designation by Edward J. Briscoe on behalf of Spirax Sarco, Inc.. Lead Counsel: Edward J. Briscoe. (Briscoe, Edward) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0841-KKM-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 13th Judicial Circuit, Hillsborough County, case number 22-CA-001775 filed in State Court 3/2/22. Filing fee $ 402, receipt number AFLMDC-19440711 filed by General Electric Company. (Attachments: #1 State Court COMPLAINT; Combined State Court Complaints, #2 State Court ANSWER; GE Answer to Complaint, #3 State Court Docket Sheet; Combined Dockets, #4 Civil Cover Sheet, #5 Exhibit A to Notice of Removal, #6 Exhibit B to Notice of Removal, #7 Exhibit C to Notice of Removal, #8 Exhibit D to Notice of Removal, #9 Exhibit E to Notice of Removal, #10 Exhibit F to Notice of Removal)(Collings, Christopher) Modified on 4/11/2022 (LNR). |
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