Cowdin III v. BASF Catalysts LLC et al
| Edwin G. Cowdin III |
| BASF Catalysts LLC, BASF Corporation, BELL TEXTRON, INC., Boeing Company, The, DCO, LLC, Dexter Hysol Aerospace, LLC, Eaton Aeroquip LLC, General Cable Corporation, General Dynamics Corporation, GENERAL ELECTRIC CORPORATION, Goodyear Tire And Rubber Company, The, Henkel Corporation, Honeywell International Inc., IMO Industries Inc., Lockheed Martin Corporation, Meritor, Inc., Northrop Grumman Corporation, PARAMOUNT GLOBAL, Parker-Hannifan Corporation, Pneumo Abex, LLC, Premix Marbletite Manufacturing Co., Raytheon Technologies Corporation f/k/a United Technologies Corporation, Rockwell Automation, Inc., Schneider Electric USA, Inc., SHELL USA INC., Specialty Cable Corp., Teledyne Technologies Incorporated, Union Carbide Corporation, The Goodyear Tire and Rubber Company, Raytheon Technologies Corporation and Wyeth Holdings LLC |
| 0:2023cv60841 |
| May 5, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 Notice of Removal |
| Defendant |
Docket Report
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| Filing 132 NOTICE by Raytheon Technologies Corporation (Reddin, John) |
| Filing 131 Defendant's NOTICE by Boeing Company, The re 112 Scheduling Order,,,,,,,,,,,,,,,,,,,,,,,, of Reservation of Rights with Respect to Deadline for Seeking Leave to Amend Affirmative Defenses (Yudovich, Loren) |
| Filing 130 Defendant's REPLY to Response to Motion re #107 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by Boeing Company, The. (Pazos, Lucia) |
| Filing 129 The Boeing Company's AMENDED ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Boeing Company, The. (Pazos, Lucia) |
| Filing 128 NOTICE of Attorney Appearance by Loren Yael Yudovich on behalf of Boeing Company, The. Attorney Loren Yael Yudovich added to party Boeing Company, The(pty:dft). (Yudovich, Loren) |
| Filing 127 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Michael Essington. (Green, Jennifer) |
| Filing 126 Clerk's Notice to Filer re #125 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (drz) |
| Filing 125 Plaintiff's NOTICE by Edwin G. Cowdin III of Selection of Mediator (Green, Jennifer) |
| Filing 124 RESPONSE in Opposition re #107 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by Edwin G. Cowdin III. Replies due by 6/30/2023. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2 - GAO-NSIAD 96-29 Closing Maintenance Depots, #3 Exhibit Exhibit 3 - Screenshot 2023-06-21 161849, #4 Exhibit Exhibit 4 - Screenshot 2023-06-23 094837 (Premix Marbletite Plants), #5 Exhibit Exhibit 5 - Screenshot 2023-06-21 163543, #6 Exhibit Exhibit 6 - Screenshot 2023-06-23 125223, #7 Exhibit Exhibit 7 - March 2023 Monthly Calendar Yr Traffic Report (MIA), #8 Exhibit Exhibit 8 - Screenshot 2023-06-21 163837 (hotels in Maimi-Launderdale area), #9 Exhibit Exhibit 9 - Screenshot 2023-06-21 165414 (Google Maps - Pensacola), #10 Exhibit Exhibit 10 - Airport-Fact-Sheet-2021rev (Pensacola), #11 Exhibit Exhibit 11 - Screenshot 2023-06-21 165504 (Pensacola Hotels), #12 Exhibit Exhibit 12 - Cowdin 000040-41)(Green, Jennifer) |
| Filing 123 Corporate Disclosure Statement by Wyeth Holdings LLC identifying Corporate Parent Pfizer, Inc. for Wyeth Holdings LLC (Cachaldora, Amanda) |
| Filing 122 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Wyeth Holdings LLC. (Cachaldora, Amanda) |
| Filing 121 NOTICE of Attorney Appearance by Melanie Erica Chung-Tims on behalf of Wyeth Holdings LLC. Attorney Melanie Erica Chung-Tims added to party Wyeth Holdings LLC(pty:dft). (Chung-Tims, Melanie) |
| Filing 120 NOTICE of Attorney Appearance by Amanda Rae Cachaldora on behalf of Wyeth Holdings LLC. Attorney Amanda Rae Cachaldora added to party Wyeth Holdings LLC(pty:dft). (Cachaldora, Amanda) |
Filing 119
PAPERLESS ORDER STRIKING #118 RULE 26 INITIAL DISCLOSURES. THIS CAUSE is before the Court upon a sua sponte review of the record. Defendant General Dynamics Corp. has filed initial disclosures under Rule 26(a)(1), ECF No. #118 . The Local Rules of the Southern District of Florida specifically provide that "[i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; (5) notices of taking depositions or notices of serving subpoenas; and (6) privilege logs." S.D. Fla. L.R. 26.1(b). The filing of Defendant's Rule 26 initial disclosures at this time is improper. Accordingly, it is ORDERED AND ADJUDGED that ECF No. #118 is STRICKEN. Signed by Magistrate Judge Lauren Fleischer Louis on 6/21/2023. (elm)
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| Filing 118 Stricken per Order de#119-Initial Disclosure(s) of pursuant to Fed. R. Civ. P. 26(a)(1) by General Dynamics Corporation (Shapiro, Ari) Modified text on 6/22/2023 (drz). |
| Filing 117 Certificate of Other Affiliates/Corporate Disclosure Statement by Boeing Company, The (Pazos, Lucia) |
| Filing 116 Certificate of Other Affiliates/Corporate Disclosure Statement by BASF Corporation identifying Corporate Parent BASF USA Holding LLC, Corporate Parent BASF Nederland BV, Corporate Parent BASF SE for BASF Corporation (Jackson-Fannin, Julian) |
| Filing 115 Certificate of Other Affiliates/Corporate Disclosure Statement by BASF Catalysts LLC identifying Corporate Parent BASF USA Holding LLC, Corporate Parent BASF Nederland BV, Corporate Parent BASF SE, Corporate Parent BASF Alpha Holding LLC, Corporate Parent BASF Corporation for BASF Catalysts LLC (Jackson-Fannin, Julian) |
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Filing 114
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Rule 21 Motion to Dismiss Teledyne Technologies Incorporated, #82 . Id. Rule 21 of the Federal Rules of Civil Procedure permits a Court, "[o]n motion or on its own," to "add or drop a party" "at any time, on just terms." Here, the Parties have agreed that dismissal of Plaintiff's claims against Teledyne Technologies Incorporated is proper. See generally #82 . Accordingly, UPON CONSIDERATION of the Joint Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED as to Defendant Teledyne Technologies Incorporated. The Clerk of the Court is instructed to TERMINATE Defendant Teledyne Technologies Incorporated as a party to this case. Signed by Judge K. Michael Moore on 6/12/2023. (fpi)
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Filing 113
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning June 3, 2024, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 6/12/2023. (fpi)
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Filing 112
PAPERLESS ORDER SCHEDULING TRIAL IN FORT LAUDERDALE. This case is now set for trial commencing the two-week trial period of June 3, 2024, at 9 a.m. in the United States District Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida. The assigned courtroom will be announced at the calendar call. All parties are directed to report to the calendar call on May 30, 2024, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for May 21, 2024, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 6/12/2023. (fpi) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 111 NOTICE/STIPULATION of Substitution of Counsel by Julian Antony Jackson-Fannin on behalf of BASF Catalysts LLC, BASF Corporation instead of prior counsel of record J. Trumon Phillips. (Attachments: #1 Text of Proposed Order) (Jackson-Fannin, Julian) |
| Attorney J Trumon Phillips representing BASF Catalysts LLC (Defendant) and BASF Corporation (Defendant) terminated per docket entry DE #111 . (drz) |
| Filing 110 Joint SCHEDULING REPORT - Rule 16.1 by Boeing Company, The (Attachments: #1 Exhibit A - Parties' Proposed Trial Settings and Corresponding Deadlines)(Pazos, Lucia) |
| Filing 109 Corporate Disclosure Statement by Specialty Cable Corp. identifying Corporate Parent Draka Holding B.V., Corporate Parent Prysmian S.p.A., Corporate Parent prysmian cable and systems US, Inc. for Specialty Cable Corp. (Shapiro, Ari) |
| Filing 108 Corporate Disclosure Statement by General Cable Corporation identifying Corporate Parent Prysmian Cables and Systems US, Inc., Corporate Parent Draka Holding B.V., Corporate Parent Prysmian S.p.A. for General Cable Corporation (Shapiro, Ari) |
| Filing 107 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by Boeing Company, The. Responses due by 6/23/2023 (Attachments: #1 Exhibit A - Complaint)(Pazos, Lucia) |
| Filing 106 Clerk's Notice to Filer re #103 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (drz) |
| Filing 105 Clerk's Notice to Filer re #100 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (drz) |
| Filing 104 Corporate Disclosure Statement by Henkel Corporation identifying Corporate Parent Henkel of America, Inc., Corporate Parent Henkel AG & Co. KGaA, Corporate Parent Henkel of America I LLC, Other Affiliate Henkel US Operations Corporation for Henkel Corporation (Cunningham, Troy) |
| Filing 103 Corporate Disclosure Statement by General Cable Corporation (Garcia, Daniel) |
| Filing 102 Corporate Disclosure Statement by Meritor, Inc. (Garcia, Daniel) |
| Filing 101 Certificate of Other Affiliates/Corporate Disclosure Statement by Dexter Hysol Aerospace, LLC identifying Corporate Parent Henkel US Operations Corporation, Other Affiliate Henkel of America, Inc., Other Affiliate Henkel AG & Co. KGaA, Other Affiliate Henkel of America I LLC for Dexter Hysol Aerospace, LLC (Cunningham, Troy) |
| Filing 100 Corporate Disclosure Statement by Specialty Cable Corp. (Garcia, Daniel) |
| Filing 99 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Dexter Hysol Aerospace, LLC. Attorney Troy Patrick Cunningham added to party Dexter Hysol Aerospace, LLC(pty:dft). (Cunningham, Troy) |
| Filing 98 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Specialty Cable Corp.. Attorney Ari Chaim Shapiro added to party Specialty Cable Corp.(pty:dft). (Shapiro, Ari) |
| Filing 97 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Meritor, Inc.. Attorney Ari Chaim Shapiro added to party Meritor, Inc. (pty:dft). (Shapiro, Ari) |
| Filing 96 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Henkel Corporation. Attorney Troy Patrick Cunningham added to party Henkel Corporation(pty:dft). (Cunningham, Troy) |
| Filing 95 ANSWER and Affirmative Defenses to Complaint with Jury Demand by General Dynamics Corporation. (Shapiro, Ari) |
| Filing 94 ANSWER and Affirmative Defenses to Complaint with Jury Demand by General Cable Corporation. Attorney Ari Chaim Shapiro added to party General Cable Corporation(pty:dft). (Shapiro, Ari) |
| Filing 93 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Rockwell Automation, Inc.. (Cachaldora, Amanda) |
| Filing 92 NOTICE of Attorney Appearance by Melanie Erica Chung-Tims on behalf of Rockwell Automation, Inc. (Chung-Tims, Melanie) |
| Filing 91 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Bell Textron, Inc.. (Coxhead, Stephen) |
| Filing 90 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by The Goodyear Tire and Rubber Company. (Melaragno, Peter) |
| Filing 89 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by BASF Corporation. (Jackson-Fannin, Julian) |
| Filing 88 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by BASF Catalysts LLC. (Jackson-Fannin, Julian) |
| Filing 87 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Eaton Aeroquip LLC. (Melaragno, Peter) |
| Filing 86 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by IMO Industries Inc.. (Melaragno, Peter) |
| Filing 85 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Northrop Grumman Corporation. (Melaragno, Peter) |
| Filing 84 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Lockheed Martin Corporation. Attorney Dino Gale Galardi added to party Lockheed Martin Corporation(pty:dft). (Galardi, Dino) |
| Filing 83 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Premix Marbletite Manufacturing Co.. (Galardi, Dino) |
| Filing 82 Joint MOTION Motion to Dismiss Teledyne Technologies Inc without prejudice by Teledyne Technologies Incorporated. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Dismiss Teledyne Technologies Inc without prejudice)(Andersen, Donald) |
| Filing 81 Certificate of Other Affiliates/Corporate Disclosure Statement by SHELL USA INC. identifying Corporate Parent Royal Dutch Shell plc, Corporate Parent Shell Petroleum Inc., Corporate Parent Shell Petroleum N.V. for SHELL USA INC. (McCutcheon, Caitlyn) |
| Filing 80 NOTICE of Attorney Appearance by Caitlyn R. McCutcheon on behalf of SHELL USA INC. (McCutcheon, Caitlyn) |
| Filing 79 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by SHELL USA INC.. Attorney Caitlyn R. McCutcheon added to party SHELL USA INC.(pty:dft). (McCutcheon, Caitlyn) |
| Filing 78 Notice of Pending, Refiled, Related or Similar Actions by Eaton Aeroquip LLC (Melaragno, Peter) |
| Filing 77 Certificate of Other Affiliates/Corporate Disclosure Statement by Eaton Aeroquip LLC identifying Other Affiliate Eaton Corporation plc (Ireland) for Eaton Aeroquip LLC (Melaragno, Peter) |
| Filing 76 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by DCO, LLC identifying Corporate Parent Enstar Holdings, Inc. for DCO, LLC (Lopez, Frances) |
| Filing 75 NOTICE of Attorney Appearance by Melanie Erica Chung-Tims on behalf of Rockwell Automation, Inc.. Attorney Melanie Erica Chung-Tims added to party Rockwell Automation, Inc.(pty:dft). (Chung-Tims, Melanie) |
| Filing 74 Defendant's Corporate Disclosure Statement Rockwell Automation, Inc. is a publicly owned company. Rockwell has no parent corporation. No publicly owned company owns 10% or more of Rockwell. Rockwell does not own 10% or more of any publicly owned company. by Rockwell Automation, Inc. (Cachaldora, Amanda) |
| Filing 73 NOTICE of Attorney Appearance by Amanda Rae Cachaldora on behalf of Rockwell Automation, Inc.. Attorney Amanda Rae Cachaldora added to party Rockwell Automation, Inc.(pty:dft). (Cachaldora, Amanda) |
| Filing 72 Notice of Pending, Refiled, Related or Similar Actions by Lockheed Martin Corporation (Melaragno, Peter) |
| Filing 71 Corporate Disclosure Statement by Lockheed Martin Corporation identifying Other Affiliate State Street Coporation for Lockheed Martin Corporation (Melaragno, Peter) |
| Filing 70 NOTICE by Lockheed Martin Corporation re #1 Notice of Removal (State Court Complaint), Notice of Joinder in Removal of Action (Attachments: #1 Exhibit Summons and Complaint) (Melaragno, Peter) |
| Filing 69 Pneumo Abex LLC's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Pneumo Abex, LLC. (Sturge, Clarke) |
| Filing 68 Certificate of Other Affiliates/Corporate Disclosure Statement by General Dynamics Corporation (Shapiro, Ari) |
| Filing 67 NOTICE by General Dynamics Corporation re #1 Notice of Removal (State Court Complaint), . Attorney Ari Chaim Shapiro added to party General Dynamics Corporation(pty:dft). (Attachments: #1 Exhibit A, #2 Exhibit B) (Shapiro, Ari) |
| Filing 66 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Pneumo Abex, LLC (Sturge, Clarke) |
| Filing 65 Clerk's Notice to Filer re #64 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (Pneumo Abex Asbestos Claims Settlement Trust not added by attorney) (drz) |
| Filing 64 Corporate Disclosure Statement and Certificate of Interested Persons by Pneumo Abex, LLC (Sturge, Clarke) |
| Filing 63 Notice of Pending, Refiled, Related or Similar Actions by Northrop Grumman Corporation (Melaragno, Peter) |
| Filing 62 Corporate Disclosure Statement and Certificate of Interested Persons by Northrop Grumman Corporation (Melaragno, Peter) |
| Filing 61 NOTICE of Attorney Appearance by Henry Salas on behalf of Pneumo Abex, LLC. Attorney Henry Salas added to party Pneumo Abex, LLC(pty:dft). (Salas, Henry) |
| Filing 60 NOTICE of Attorney Appearance by Clarke Scott Sturge on behalf of Pneumo Abex, LLC. Attorney Clarke Scott Sturge added to party Pneumo Abex, LLC(pty:dft). (Sturge, Clarke) |
| Filing 59 NOTICE by Northrop Grumman Corporation re #1 Notice of Removal (State Court Complaint), Notice of Removal and Joinder in the Notice of Removal of Raytheon Technology Corporation (Attachments: #1 Exhibit Summons and Complaint) (Melaragno, Peter) |
| Filing 58 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Raytheon Technologies Corporation. (Reddin, John) |
| Filing 57 Certificate of Other Affiliates/Corporate Disclosure Statement by Schneider Electric USA, Inc. identifying Corporate Parent Schneider Electric Holdings, Inc., Corporate Parent Schneider Electric Industries SAS, Corporate Parent Schneider Electric Industries SAS, Corporate Parent Schneider Electric Holding Amerique du Nord, Corporate Parent Schneider Electric SE for Schneider Electric USA, Inc. (Mason, W.) |
| Filing 56 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Schneider Electric USA, Inc.. (Mason, W.) |
| Filing 55 NOTICE of Attorney Appearance by W. Scott Mason on behalf of Schneider Electric USA, Inc.. Attorney W. Scott Mason added to party Schneider Electric USA, Inc.(pty:dft). (Mason, W.) |
| Filing 54 Notice of Pending, Refiled, Related or Similar Actions by GENERAL ELECTRIC CORPORATION (Dardis, Erin) |
| Filing 53 Certificate of Other Affiliates/Corporate Disclosure Statement by The Goodyear Tire and Rubber Company identifying Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group for The Goodyear Tire and Rubber Company (Briscoe, Edward) |
| Filing 52 Notice of Pending, Refiled, Related or Similar Actions by The Goodyear Tire and Rubber Company (Briscoe, Edward) |
| Filing 51 NOTICE by Teledyne Technologies Incorporated Joinder of Teledyne Technologies Incorporated in Removal (Attachments: #1 Exhibit A- State Court pleadings served on Teledyne Technologies Incorporated) (Andersen, Donald) |
| Filing 50 The Boeing Company's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Boeing Company, The. (Pazos, Lucia) |
| Filing 49 NOTICE by Boeing Company, The re #1 Notice of Removal (State Court Complaint), Joinder in Removal and Independent Bases for Notice of Removal (Attachments: #1 Exhibit A - Boeing Joinder in Removal - Summons and Complaint) (Pazos, Lucia) |
| Filing 48 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by GENERAL ELECTRIC CORPORATION identifying Other Affiliate GE Power India Limited, Other Affiliate GE T&D India Limited, Other Affiliate AerCap Holdings N.V., Other Affiliate China XD Electric Co. Ltd. for GENERAL ELECTRIC CORPORATION (Dardis, Erin) |
| Filing 47 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by BELL TEXTRON, INC. (Coxhead, Stephen) |
| Filing 46 NOTICE of Attorney Appearance by Donald Ross Andersen on behalf of Teledyne Technologies Incorporated (Andersen, Donald) |
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Filing 45
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Teledyne Technologies Incorporated's Unopposed Motion for Extension of Time. #41 . Therein, Defendant requests until May 31, 2023 to respond to Plaintiff's Complaint. Id. at 2. Yet the Court has already ruled that "[a]ll Defendants in this action shall respond to Plaintiff's Complaint on or before June 8, 2023." (ECF No. 17). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #41 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 5/11/2023. (fpi)
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| Filing 44 NOTICE of Attorney Appearance by Brianna Elizabeth Donet on behalf of Union Carbide Corporation. Attorney Brianna Elizabeth Donet added to party Union Carbide Corporation(pty:dft). (Donet, Brianna) |
| Filing 43 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Honeywell International Inc. (Ferguson, Timothy) |
| Filing 42 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Honeywell International Inc.. (Ferguson, Timothy) |
| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Teledyne Technologies Incorporated. Attorney Donald Ross Andersen added to party Teledyne Technologies Incorporated(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order Granting Teledyne Technologies Incorporated's Unopposed Motion for Extension of Time To Move Answer or Respond to Complaint)(Andersen, Donald) |
| Filing 40 Corporate Disclosure Statement by Union Carbide Corporation identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation (Drumm, Ashley) |
| Filing 39 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Union Carbide Corporation. (Drumm, Ashley) |
| Filing 38 NOTICE of Attorney Appearance by Ashley Christina Pears Drumm on behalf of Union Carbide Corporation. Attorney Ashley Christina Pears Drumm added to party Union Carbide Corporation(pty:dft). (Drumm, Ashley) |
| Filing 37 NOTICE of Attorney Appearance by Julian Antony Jackson-Fannin on behalf of BASF Catalysts LLC, BASF Corporation. Attorney Julian Antony Jackson-Fannin added to party BASF Catalysts LLC(pty:dft), Attorney Julian Antony Jackson-Fannin added to party BASF Corporation(pty:dft). (Jackson-Fannin, Julian) |
| Filing 36 General Electric Company's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by GENERAL ELECTRIC CORPORATION. (Dardis, Erin) |
| Filing 35 NOTICE of Attorney Appearance by Erin E. Dardis on behalf of GENERAL ELECTRIC CORPORATION. Attorney Erin E. Dardis added to party GENERAL ELECTRIC CORPORATION(pty:dft). (Dardis, Erin) |
| Filing 34 NOTICE by BELL TEXTRON, INC. OF JOINDER IN RAYTHEON TECHNOLOGIES CORPORATION'S REMOVAL AND INDEPENDENT BASIS FOR NOTICE OF REMOVAL. Attorney Stephen Fraser Coxhead added to party BELL TEXTRON, INC.(pty:dft). (Attachments: #1 Exhibit) (Coxhead, Stephen) |
| Filing 33 NOTICE of Attorney Appearance by Timothy John Ferguson on behalf of Honeywell International Inc.. Attorney Timothy John Ferguson added to party Honeywell International Inc.(pty:dft). (Ferguson, Timothy) |
| Filing 32 Notice of Pending, Refiled, Related or Similar Actions by Premix Marbletite Manufacturing Co. (Briscoe, Edward) |
| Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement by Premix Marbletite Manufacturing Co. identifying Corporate Parent Imperial Industries, Inc. for Premix Marbletite Manufacturing Co. (Briscoe, Edward) |
| Filing 30 NOTICE of Attorney Appearance by Jennifer Bowersox Green on behalf of Edwin G. Cowdin III. Attorney Jennifer Bowersox Green added to party Edwin G. Cowdin III(pty:pla). (Green, Jennifer) |
| Filing 29 Parker-Hannifin Corporation ANSWER and Affirmative Defenses to Complaint with Jury Demand by Parker-Hannifan Corporation. (Cachaldora, Amanda) |
| Filing 28 NOTICE of Attorney Appearance by Melanie Erica Chung-Tims on behalf of Parker-Hannifan Corporation. Attorney Melanie Erica Chung-Tims added to party Parker-Hannifan Corporation(pty:dft). (Chung-Tims, Melanie) |
| Filing 27 NOTICE of Attorney Appearance by Christopher J. M. Collings on behalf of GENERAL ELECTRIC CORPORATION. Attorney Christopher J. M. Collings added to party GENERAL ELECTRIC CORPORATION(pty:dft). (Collings, Christopher) |
| Filing 26 Initial Disclosure(s) by Raytheon Technologies Corporation (Reddin, John) |
| Filing 25 Notice of Pending, Refiled, Related or Similar Actions by IMO Industries Inc. (Briscoe, Edward) |
| Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement by IMO Industries Inc. identifying Corporate Parent ESAB Corporation for IMO Industries Inc. (Briscoe, Edward) |
| Filing 23 NOTICE of Attorney Appearance by Frances Lopez on behalf of DCO, LLC. Attorney Frances Lopez added to party DCO, LLC(pty:dft). (Lopez, Frances) |
| Filing 22 NOTICE of Attorney Appearance by Peter J. Melaragno on behalf of Eaton Aeroquip LLC. Attorney Peter J. Melaragno added to party Eaton Aeroquip LLC(pty:dft). (Melaragno, Peter) |
| Filing 21 NOTICE of Attorney Appearance by Peter J. Melaragno on behalf of IMO Industries Inc.. Attorney Peter J. Melaragno added to party IMO Industries Inc.(pty:dft). (Melaragno, Peter) |
| Filing 20 NOTICE of Attorney Appearance by Peter J. Melaragno on behalf of Lockheed Martin Corporation. Attorney Peter J. Melaragno added to party Lockheed Martin Corporation(pty:dft). (Melaragno, Peter) |
| Filing 19 NOTICE of Attorney Appearance by Peter J. Melaragno on behalf of Northrop Grumman Corporation. Attorney Peter J. Melaragno added to party Northrop Grumman Corporation(pty:dft). (Melaragno, Peter) |
| Filing 18 NOTICE of Attorney Appearance by Peter J. Melaragno on behalf of Premix Marbletite Manufacturing Co.. Attorney Peter J. Melaragno added to party Premix Marbletite Manufacturing Co.(pty:dft). (Melaragno, Peter) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants BASF Catalysts LLC and BASF Corporation's Unopposed Motion for Extension of Time. #14 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED. All Defendants in this action shall respond to Plaintiff's Complaint #1 on or before June 8, 2023. Counsel are reminded to file documents on the CM/ECF system using the correct nomenclature. A review of the docket reveals several general "notices," most of which are filings which could be more accurately described through the functions provided by CM/ECF. Counsel need not change what has already been filed. Signed by Judge K. Michael Moore on 5/9/2023. (fpi)
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| Filing 16 Defendant's Corporate Disclosure Statement (a) Is said party a parent, subsidiary or other affiliate of a publicly owned corporation? No. (b) Does any publicly held corporation own 10% or more of the partys stock? No. (c) Is there a publicly owned corporation, not a party to the case, which has a financial interest in the outcome? No. by Parker-Hannifan Corporation (Cachaldora, Amanda) |
| Filing 15 NOTICE of Attorney Appearance by Lucia V. Pazos on behalf of Boeing Company, The. Attorney Lucia V. Pazos added to party Boeing Company, The(pty:dft). (Pazos, Lucia) |
| Filing 14 Unopposed MOTION for Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint), by BASF Catalysts LLC, BASF Corporation. Attorney J Trumon Phillips added to party BASF Catalysts LLC(pty:dft), Attorney J Trumon Phillips added to party BASF Corporation(pty:dft). Responses due by 5/23/2023 (Attachments: #1 Text of Proposed Order)(Phillips, J) |
| Filing 13 NOTICE of Attorney Appearance by Dino Gale Galardi on behalf of Premix Marbletite Manufacturing Co.. Attorney Dino Gale Galardi added to party Premix Marbletite Manufacturing Co.(pty:dft). (Galardi, Dino) |
| Filing 12 NOTICE of Attorney Appearance by Edward Joy Briscoe on behalf of IMO Industries Inc.. Attorney Edward Joy Briscoe added to party IMO Industries Inc.(pty:dft). (Briscoe, Edward) |
| Filing 11 NOTICE of Attorney Appearance by Edward Joy Briscoe on behalf of Lockheed Martin Corporation. Attorney Edward Joy Briscoe added to party Lockheed Martin Corporation(pty:dft). (Briscoe, Edward) |
| Filing 10 NOTICE of Attorney Appearance by Edward Joy Briscoe on behalf of Premix Marbletite Manufacturing Co.. Attorney Edward Joy Briscoe added to party Premix Marbletite Manufacturing Co.(pty:dft). (Briscoe, Edward) |
| Set/Reset Response/Answer Due Deadline per order DE#17: BASF Catalysts LLC response/answer due 6/8/2023; BASF Corporation response/answer due 6/8/2023. (drz) |
| Filing 9 NOTICE of Attorney Appearance by Amanda Rae Cachaldora on behalf of Parker-Hannifan Corporation. Attorney Amanda Rae Cachaldora added to party Parker-Hannifan Corporation(pty:dft). (Cachaldora, Amanda) |
| Filing 8 NOTICE of Attorney Appearance by Edward Joy Briscoe on behalf of The Goodyear Tire and Rubber Company. Attorney Edward Joy Briscoe added to party The Goodyear Tire and Rubber Company(pty:dft). (Briscoe, Edward) |
| Filing 7 NOTICE of Attorney Appearance by Peter J. Melaragno on behalf of The Goodyear Tire and Rubber Company. Attorney Peter J. Melaragno added to party The Goodyear Tire and Rubber Company(pty:dft). (Melaragno, Peter) |
| Filing 6 NOTICE of Attorney Appearance by Stuart L. Cohen on behalf of Raytheon Technologies Corporation (Cohen, Stuart) |
| Filing 5 NOTICE of Attorney Appearance by John Charles Reddin on behalf of Raytheon Technologies Corporation (Reddin, John) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 5/8/2023. (fpi)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 5/8/2023. (fpi)
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| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Cowdin, Edwin) Filing fee $ 402.00 receipt number AFLSDC-16597215, filed by Raytheon Technologies Corporation f/k/a United Technologies Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Reddin, John) (complaint see pg. 11 of Exh A, Answer see pg. 126 of Exh. A, no Motion to Dismiss filed) Modified text on 5/8/2023 (pc). |
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