Batchelor et al v. American Optical Corporation et al
| Batchelor, Richard Batchelor and Regina M Batchelor |
| American Optical Corporation, CBS Corporation, Riley Power Inc., Banner Supply Co., Bechtel Corporation, Bechtel Construction Company, Bennett Auto Supply Inc., Viacom, Inc., Courtesy Ford, Inc., Cleaver Brooks, Inc., Crane Company, Elliott Turbomachinery Co., Inc., Ford Motor Company, Florida Power & Light Co., Foster Wheeler Energy Corporation, General Electric Company, Genuine Parts Company, Georgia Pacific LLC, Goulds Pumps, Inc., Homestead Ford, Inc., Honeywell International, Inc., IMO Industries Inc., Ingersoll-Rand Company, John Crane Inc., Pneumo Abex LLC, Riley Stoker Corporation, Union Carbide Corporation and Warren Pumps LLC |
| 1:2016cv21235 |
| April 7, 2016 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Ursula Ungaro |
| P.I. : Asbestos |
| 28 U.S.C. § 1331 Federal Question |
| Both |
Docket Report
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| Filing 77 ACKNOWLEDGMENT OF RECEIPT as to #76 Transmittal Letter Sent (mc) |
| Civil Case Terminated. per order #75 Closing Case. (mr1) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. |
| Filing 76 Transmittal Letter Sent with Order of Remand to: 11th Judicial Circuit in and for Miami-Dade County. State Court Case Number: 16-000012 CA 01 (mc) |
Filing 75
ORDER ON MOTION TO REMAND granting in part and denying in part #37 Motion to Remand. This cause is REMANDED to the 11th Judicial Circuit and for Miami-Dade County, Florida for LACK OF SUBJECT MATTER JURISDICTION. Plaintiff will not be awarded attorney's fees or costs. The Clerk of Court SHALL administratively close this case. Signed by Judge Ursula Ungaro on 5/6/2016. (mc)
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| Civil Case Terminated per DE #75 Order. Closing Case. (mc) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. |
| Attorney Peter Joel Frommer terminated Per DE#73. (cqs) |
| Filing 74 NOTICE by Goulds Pumps, Inc. re #73 Stipulation FOR SUBSTITUTION OF COUNSEL AND EMAIL DESIGNATIONS FOR DEFENDANT GOULDS PUMPS, INC. NOW KNOWN AS GOULDS PUMPS, LLC (NOTICE OF FILING PROPOSED ORDER) (Attachments: #1 Text of Proposed Order) (McCutcheon, Caitlyn) |
| Filing 73 STIPULATION FOR SUBSTITUTION OF COUNSEL AND EMAIL DESIGNATIONS FOR DEFENDANT GOULDS PUMPS, INC. NOW KNOWN AS GOULDS PUMPS, LLC by Goulds Pumps, Inc. (Attachments: #1 Exhibit A-Client Consent to Substitution)(McCutcheon, Caitlyn) |
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Filing 72
ORDER Setting Initial Planning and Scheduling Conference, ( -Joint Scheduling Report due by 6/17/2016, Scheduling Conference set for 7/1/2016 11:00 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 5/3/2016. (ls)
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| Filing 71 Certificate of Interested Parties/Corporate Disclosure Statement by Ford Motor Company (Sturge, Clarke) |
| Filing 70 REPLY to Response to Motion re #37 Emergency MOTION to Remand filed by Richard Batchelor, Regina M Batchelor. (Attachments: #1 Exhibit Exhibit 1- Richard Batchelor Deposition Transcript, March 8, 2016, Volume I, pp. 1-157, #2 Exhibit Exhibit 2 - Richard Batchelor Deposition Transcript, March 9, 2016, Volume II, pp. 158-325)(Saade, Gabriel) |
| Filing 69 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Honeywell International, Inc. (Iovino, Caroline) |
| Filing 68 NOTICE of Attorney Appearance by Amanda Rae Cachaldora on behalf of IMO Industries Inc.. Attorney Amanda Rae Cachaldora added to party IMO Industries Inc.(pty:dft). (Cachaldora, Amanda) |
| Filing 67 NOTICE of Attorney Appearance by Kelly L. Kesner on behalf of IMO Industries Inc.. Attorney Kelly L. Kesner added to party IMO Industries Inc.(pty:dft). (Kesner, Kelly) |
| Filing 66 Certificate of Interested Parties/Corporate Disclosure Statement by IMO Industries Inc. identifying Corporate Parent Colfax Corporation, Corporate Parent IMO Holdings, Inc., Corporate Parent Colfax Fluid Handling LLC for IMO Industries Inc. (Covone, Neil) |
| Filing 65 RESPONSE in Opposition re #37 Emergency MOTION to Remand filed by CBS Corporation. Replies due by 5/2/2016. (Attachments: #1 Exhibit Batchelor Depo Excerpts, #2 Exhibit Military Specification 17600C, #3 Exhibit Military Specification 15071e, #4 Exhibit Boyle Amicus Excerpts)(Collings, Christopher) |
| Filing 64 Corporate Disclosure Statement by Georgia Pacific LLC (Weinstein, Stuart) |
| Filing 63 Corporate Disclosure Statement by Foster Wheeler Energy Corporation identifying Corporate Parent Amec Foster Wheeler plc for Foster Wheeler Energy Corporation (Collings, Christopher) |
| Filing 62 Corporate Disclosure Statement by CBS Corporation identifying Corporate Parent GAMCO Investors, Inc., Corporate Parent National Amusements, Inc., Corporate Parent NAI Entertainment Holdings LLC for CBS Corporation (Collings, Christopher) |
| Filing 61 Clerks Notice to Filer re #59 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 60 Corporate Disclosure Statement by Genuine Parts Company (Pazos, Lucia) |
| Filing 59 NOTICE of Striking #56 MOTION for Disclosure of Corporate Affiliations and Other Entities with A Direct Financial Interest in Litigation by Genuine Parts Company (Pazos, Lucia) Modified Link on 4/19/2016 (ls). |
| Filing 58 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Banner Supply Co. (Maranges, Matthew) |
| Filing 57 Clerks Notice to Filer re #56 (MOTION for) Disclosure of Corporate Affiliations and Other Entities with A Direct Financial Interest in Litigation. Wrong Event Selected - Document is a Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Interested Parties/Corporate Disclosure Statement event and ensure all applicable parties are added. Please use the "Search" feature on the blue menu bar to find the appropriate event to use with your filings. (sk) |
| Filing 56 Disclosure of Corporate Affiliations (Motion)/Corporate Disclosure Statement and Other Entities with A Direct Financial Interest in Litigation by Genuine Parts Company. (Pazos, Lucia) Modified status/text per Chambers on 4/18/2016 (sk). |
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Filing 55
*ORDER re #37 Emergency MOTION to Remand filed by Richard Batchelor, Regina M Batchelor Order Expediting Response Signed by Judge Ursula Ungaro on 4/15/2016. (jt00)
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| Filing 54 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (vjk) |
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Filing 53
ORDER OF RECUSAL. Judge Cecilia M. Altonaga recused. Case reassigned to Judge Ursula Ungaro for all further proceedings. Signed by Judge Cecilia M. Altonaga on 4/15/2016. (vjk)
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| Filing 52 NOTICE of Attorney Appearance by Richard Matthew Lauth on behalf of Bechtel Construction Company, Bechtel Corporation (Lauth, Richard) |
| Filing 51 NOTICE of Attorney Appearance by Richard Matthew Lauth on behalf of Bechtel Construction Company, Bechtel Corporation (Lauth, Richard) |
| Filing 50 NOTICE of Attorney Appearance by Stuart Aaron Weinstein on behalf of Georgia Pacific LLC. Attorney Stuart Aaron Weinstein added to party Georgia Pacific LLC(pty:dft). (Weinstein, Stuart) |
| Filing 49 NOTICE of Attorney Appearance by Matthew Maranges on behalf of Banner Supply Co.. Attorney Matthew Maranges added to party Banner Supply Co.(pty:dft). (Maranges, Matthew) |
| Filing 48 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Telephone Conference held on 4/15/2016. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov (ar00) |
| Filing 47 NOTICE of Attorney Appearance by Christopher J. M. Collings on behalf of Foster Wheeler Energy Corporation, General Electric Company. Attorney Christopher J. M. Collings added to party Foster Wheeler Energy Corporation(pty:dft), Attorney Christopher J. M. Collings added to party General Electric Company(pty:dft). (Collings, Christopher) |
| Filing 46 NOTICE of Attorney Appearance by Anthony Nolan Upshaw on behalf of Honeywell International, Inc.. Attorney Anthony Nolan Upshaw added to party Honeywell International, Inc.(pty:dft). (Upshaw, Anthony) |
| Filing 45 NOTICE of Attorney Appearance by Caroline Marie Iovino on behalf of Honeywell International, Inc.. Attorney Caroline Marie Iovino added to party Honeywell International, Inc.(pty:dft). (Iovino, Caroline) |
| Filing 44 NOTICE of Attorney Appearance by Neil Anthony Covone on behalf of IMO Industries Inc.. Attorney Neil Anthony Covone added to party IMO Industries Inc.(pty:dft). (Covone, Neil) |
| Filing 43 NOTICE of Attorney Appearance by Melanie Erica Chung-Tims on behalf of IMO Industries Inc.. Attorney Melanie Erica Chung-Tims added to party IMO Industries Inc.(pty:dft). (Chung-Tims, Melanie) |
| Filing 42 NOTICE of Attorney Appearance by Susan Jane Cole on behalf of IMO Industries Inc.. Attorney Susan Jane Cole added to party IMO Industries Inc.(pty:dft). (Cole, Susan) |
| Filing 41 NOTICE of Attorney Appearance by Michael Patrick Peterson on behalf of Banner Supply Co. (Peterson, Michael) |
| Filing 40 NOTICE of Attorney Appearance by Michael Patrick Peterson on behalf of Banner Supply Co.. Attorney Michael Patrick Peterson added to party Banner Supply Co.(pty:dft). (Peterson, Michael) |
| Filing 39 NOTICE of Attorney Appearance by Daniel Alberto Garcia on behalf of Bennett Auto Supply Inc.. Attorney Daniel Alberto Garcia added to party Bennett Auto Supply Inc.(pty:dft). (Garcia, Daniel) |
| Filing 38 Certificate of Interested Parties/Corporate Disclosure Statement by Goulds Pumps, Inc. (Frommer, Peter) |
| Filing 37 Emergency MOTION to Remand by Richard Batchelor, Regina M Batchelor. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Part 1 of 2), #5 Exhibit 4 (Part 2 of 2), #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Saade, Gabriel) Modified Text on 4/15/2016 (ls). Modified on 4/15/2016 (vp). |
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Filing 36
ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
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Filing 35
ORDER granting #31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 34 Corporate Disclosure Statement by John Crane Inc. identifying Corporate Parent John Crane Inc., Corporate Parent John Crane Group Ltd for John Crane Inc. (Holt, Michael) |
| Filing 33 NOTICE of Attorney Appearance by Gabriel Santiago Saade on behalf of Richard Batchelor, Regina M Batchelor (Saade, Gabriel) |
| Filing 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ivan A. Gustafson. Filing Fee $ 75.00 Receipt # 113C-8652559 by Bechtel Construction Company, Bechtel Corporation. Responses due by 5/2/2016 (Attachments: #1 Certification of Ivan A. Gustafson, #2 Text of Proposed Order Proposed Order)(Lauth, Richard) |
| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frances L. Spinelli. Filing Fee $ 75.00 Receipt # 113C-8652535 by Bechtel Construction Company, Bechtel Corporation. Responses due by 5/2/2016 (Attachments: #1 Certification Certification of Frances L. Spinelli, #2 Text of Proposed Order Proposed Order)(Lauth, Richard) |
| Filing 30 NOTICE of Attorney Appearance by Daniel Albert Krawiec, II on behalf of Goulds Pumps, Inc.. Attorney Daniel Albert Krawiec, II added to party Goulds Pumps, Inc.(pty:dft). (Krawiec, Daniel) |
| Filing 29 NOTICE of Attorney Appearance by Yamilet Hurtado on behalf of Crane Company. Attorney Yamilet Hurtado added to party Crane Company(pty:dft). (Hurtado, Yamilet) |
| Filing 28 NOTICE of Attorney Appearance by Stephen Allan McGuinness on behalf of Crane Company. Attorney Stephen Allan McGuinness added to party Crane Company(pty:dft). (McGuinness, Stephen) |
| Filing 27 PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 4/15/2016 11:00 AM in Miami Division before Judge Cecilia M. Altonaga. The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above. The access code is 3156459 and the password is 5510. FOR CLARITY, PLEASE DO NOT USE A CELL PHONE OR A SPEAKER PHONE. (ps1) |
| Filing 26 Certificate of Interested Parties/Corporate Disclosure Statement by Pneumo Abex LLC identifying Corporate Parent Pneumo Abex LLC for Pneumo Abex LLC (Freedman, Andrew) |
| Filing 25 Corporate Disclosure Statement by Bechtel Construction Company (Lauth, Richard) |
| Filing 24 Corporate Disclosure Statement by Bechtel Corporation (Lauth, Richard) |
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Filing 23
ORDER OF RECUSAL. Judge Joan A. Lenard recused. Case reassigned to Judge Cecilia M. Altonaga for all further proceedings Signed by Judge Joan A. Lenard on 4/13/2016. (jua)
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| Filing 22 Corporate Disclosure Statement by Crane Company (Kibbe, Rebecca) |
| Filing 21 NOTICE of Attorney Appearance by Rebecca Carrie Kibbe on behalf of Crane Company. Attorney Rebecca Carrie Kibbe added to party Crane Company(pty:dft). (Kibbe, Rebecca) |
| Filing 20 NOTICE of Attorney Appearance by Timothy Clark on behalf of Ingersoll-Rand Company. Attorney Timothy Clark added to party Ingersoll-Rand Company(pty:dft). (Clark, Timothy) |
| Filing 19 NOTICE of Attorney Appearance by Lucia V. Pazos on behalf of Genuine Parts Company. Attorney Lucia V. Pazos added to party Genuine Parts Company(pty:dft). (Pazos, Lucia) |
| Filing 18 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (vjk) |
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Filing 17
ORDER OF RECUSAL. Judge Marcia G. Cooke recused. Case reassigned to Judge Joan A. Lenard for all further proceedings. Signed by Judge Marcia G. Cooke on 4/11/2016. (vjk)
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| Filing 16 NOTICE of Attorney Appearance by Richard Matthew Lauth on behalf of Bechtel Construction Company, Bechtel Corporation. Attorney Richard Matthew Lauth added to party Bechtel Construction Company(pty:dft), Attorney Richard Matthew Lauth added to party Bechtel Corporation(pty:dft). (Lauth, Richard) |
| Filing 15 NOTICE of Attorney Appearance by Peter Joel Frommer on behalf of Goulds Pumps, Inc.. Attorney Peter Joel Frommer added to party Goulds Pumps, Inc.(pty:dft). (Frommer, Peter) |
| Filing 14 NOTICE of Attorney Appearance by Michael Roland Holt on behalf of John Crane Inc.. Attorney Michael Roland Holt added to party John Crane Inc.(pty:dft). (Holt, Michael) |
| Filing 13 NOTICE of Attorney Appearance by M. Stephen Smith, III on behalf of John Crane Inc.. Attorney M. Stephen Smith, III added to party John Crane Inc.(pty:dft). (Smith, M.) |
| Filing 12 NOTICE of Attorney Appearance by Brian A Dominguez on behalf of Pneumo Abex LLC. Attorney Brian A Dominguez added to party Pneumo Abex LLC(pty:dft). (Dominguez, Brian) |
| Filing 11 NOTICE of Attorney Appearance by Brian A Dominguez on behalf of Ford Motor Company. Attorney Brian A Dominguez added to party Ford Motor Company(pty:dft). (Dominguez, Brian) |
| Filing 10 NOTICE of Attorney Appearance by Henry Salas on behalf of Ford Motor Company. Attorney Henry Salas added to party Ford Motor Company(pty:dft). (Salas, Henry) |
| Filing 9 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 8 NOTICE of Attorney Appearance by Clarke Scott Sturge on behalf of Ford Motor Company. Attorney Clarke Scott Sturge added to party Ford Motor Company(pty:dft). (Sturge, Clarke) |
| Filing 7 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 6 NOTICE of Attorney Appearance by Andrew Scott Freedman on behalf of Pneumo Abex LLC. Attorney Andrew Scott Freedman added to party Pneumo Abex LLC(pty:dft). (Freedman, Andrew) |
| Filing 5 NOTICE of Attorney Appearance by Andrew Scott Freedman on behalf of Ford Motor Company. Attorney Andrew Scott Freedman added to party Ford Motor Company(pty:dft). (Freedman, Andrew) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (srd) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (srd) |
| Filing 2 Judge Assignment to Judge Marcia G. Cooke (srd) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8633010, filed by CBS CORPORATION f/k/a VIACOM, INC.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, Part 1, #3 Exhibit Exhibit A, Part 2, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, Part 1, #8 Exhibit Exhibit E, Part 2, #9 Exhibit Exhibit E, Part 3, #10 Exhibit Exhibit E, Part 4, #11 Exhibit Exhibit E, Part 5, #12 Exhibit Exhibit E, Part 6, #13 Exhibit Exhbit E, Part 7, #14 Exhibit Exhibit E, Part 8, #15 Exhibit Exhibit E, Part 9, #16 Exhibit Exhibit E, Part 10, #17 Exhibit Exhibit E, Part 11, #18 Exhibit Exhibit F)(Collings, Christopher) |
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