Robbins v. Air & Liquid Systems Corporation, et al
| Ward Robbins |
| Cleaver-Brooks, Inc., DCO LLC, Paramount Global, Redco Corporation, Air & Liquid Systems Corporation, Alfa Laval, Inc., Cleaver-Brooks, Dana Companies, Foster Wheeler Energy Corporation, General Electric, Grinnell, LLC doing business as Grinnell Corporation, Viacom Inc., CBS Corporation, Westinghouse Electric Corporation and Crane Co. |
| 8:2023cv01723 |
| August 3, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| P.I. : Asbestos |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 SUMMONS issued as to Air & Liquid Systems Corporation, Alfa Laval, Inc., Cleaver-Brooks, Inc., DCO LLC, Foster Wheeler Energy Corporation, General Electric, Grinnell, LLC, Paramount Global, Redco Corporation. (CTR) |
| Filing 13 PROPOSED summons to be issued by Ward Robbins. (Ostrowski, Mary) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re 11 Order by Ward Robbins. (Ostrowski, Mary) |
Filing 11
ENDORSED ORDER: Plaintiff's #10 Interested Persons and Corporate Disclosure Statement does not meet the standards this Court requires to effectively screen cases for potential conflicts. Plaintiff must submit a proper disclosure statement using the template available on the undersigned's website under the "forms" tab (and attached to Doc. #4) by September 5, 2023. Signed by Judge Kathryn Kimball Mizelle on 8/30/2023. (ALE)
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| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re 7 Order by Ward Robbins. (Ostrowski, Mary) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Ward Robbins. Related case(s): Yes (Ostrowski, Mary) |
| Filing 8 NOTICE of Appearance by Mary Ostrowski on behalf of Ward Robbins. (Ostrowski, Mary) Modified text on 8/31/2023 (GL). |
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Filing 7
ENDORSED ORDER: The #4 Civil Case Order requires the Plaintiff to file a Certificate of Interested Persons and Corporate Disclosure Statement within fourteen days. The Plaintiff fails to comply. No later than August 30, 2023, the Plaintiff must file the Certificate of Interested Persons and Corporate Disclosure Statement using the template attached to Doc. #4 (also available on the undersigned's website under the "forms" tab). Signed by Judge Kathryn Kimball Mizelle on 8/24/2023. (ALE)
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| Filing 6 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. Related document: #1 Complaint filed by Ward Robbins. (Attachments: #1 Main Document Notice of Filing, #2 Exhibit Robbins Pathology Report, #3 Civil Cover Sheet Robbins Civil Cover Sheet, #4 Affidavit Robbins Collateral Source Affidavit, #5 Exhibit Robbins - Expert Rosner Report)(Ostrowski, Mary) |
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Filing 5
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, the scond count improperly "incorporates and adopts by reference the allegations in" the first count leading to a situation where count II contains irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than August 17, 2023. If the Plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 8/7/2023. (MEV)
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Filing 4
CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any Defendant appears. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 8/3/2023. (MEV)
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| Filing 3 NOTICE of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (CTR) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-1723-KKM-AAS. (AM) |
| Filing 1 COMPLAINT against Air & Liquid Systems Corporation individually and as successor by merger to Buffalo Pumps, INC., Alfa Laval, INC., individually as successor in interest to Delaval Separator Co. and Sharples Corp., Cleaver-Brooks, Inc., f/k/a Cleaver-Brooks, a division of Aqua-Chem Inc., DCO LLC f/k/a Dana Companies, individually and as successor in interest to Victor Gasket Manufacturing Company, Foster Wheeler Energy Corporation, General Electric, Grinnell, LLC, d/b/a Grinnell Corporation, Paramount Global, f/k/a Viacom Inc., f/k/a CBS Corporation, f/k/a Viacom, Inc.successor by merger to CBS Corp., f/k/a Westinghouse Electric Corporation, Redco Corporation, f/k/a Crane Co. with Jury Demand filed by Ward Robbins. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Robbins Path Report, #3 Exhibit Robbins - Collateral Source Affidavit, #4 Exhibit Robbins - Rosner Expert Report, #5 Proposed Summons Alfa Laval, #6 Proposed Summons Air & Liquid, #7 Proposed Summons Cleaver Brooks, #8 Proposed Summons DCO , #9 Proposed Summons Foster Wheeler, #10 Proposed Summons GE, #11 Proposed Summons Grinnell, #12 Proposed Summons Viacom CBS, #13 Proposed Summons RedCo)(Ostrowski, Mary) Modified on 8/3/2023 (CTR). |
| FEES Paid by Ward Robbins (Filing fee $402, Receipt Number AFLMDC-21087635). (AG) |
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