Pelton et al v. John Crane, Inc. et al
| Chloyde Pelton, Shirley Pelton and Crown, Cork and Seal Company, Inc., successor-in-interest to Mundet Cork Company |
| Alfa Laval Inc., individually and as successor-in-interest to Delaval Purifiers, Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company, Caterpillar, Inc., Crane Co., Flowserve US, Inc., solely as successor in interest to Edward Valves, Inc., Foster Wheeler Energy Corporation, FMC Corporation on behalf of its former Northern Pump Business, Gardner Denver, Inc., Goulds Pumps, LLC f/k/a Goulds Pumps, Inc., Green, Tweed & Co., Hill Brother Chemical Company, Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation, Metropolitan Life Insurance Company, Pneumo Abex, LLC, Robertshaw Controls Co., Spirax Sarco, Inc., SYD Carpenter Marine Contractors, Taco, Inc., Tate Andale, Inc., Triple A Machine Shop, Inc., Union Carbide Corporation, Velan Valve Corp., a/k/a Velan Valve Corporation, ViacomCBS Inc. f/k/a CBS Corporation (a Delaware Corporation f/k/a Viacom, Inc,) is a successor by merger to CBS Corporation (a Pennsylvania Corporation f/k/a Westinghouse Electric Corporation) and al, Warren Pumps, LLC, Weir-Valves & Controls USA, Inc. d/b/a Atwood & Morrill Co., J and H Marine & Industrial Engineering Company and Attorney Scott Koontz |
| John Crane, Inc., IMO Industries Inc., individually and as successor-in-interest to Delaval Turbine, Inc., and C.H. Wheeler Manufacturing Company and Goulds Pumps, LLC |
| Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc., Carrier Corporaion, Carrier Global Corporation, Cleaver-Brooks, a Division of Aqua-CHem, Inc., General Electric Company, Grinnell, LLC d/b/a Grinnell Corporation, The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company, McNally Industries, LLC successor to Northern Fire Apparatus, Metalclad Insulation, LLC, The Nash Engineering Company, Quincy Compressor LLC, a/k/a Quincy Compressor Co., Thomas Dee Engineering Company, Thrush Co., Inc. and Greene, Tweed & Co. |
| 1:2021cv04316 |
| August 12, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Susan E Cox |
| Martha M Pacold |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 Petition for Removal |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 289
MINUTE entry before the Honorable John Robert Blakey: Final Pretrial Conference held on 11/16/2023. Counsel for Plaintiffs and Defendant John Crane, Inc. present in court. Based upon Plaintiffs' voluntary dismissal of Defendant Goulds Pumps, LLC (f/k/a Goulds Pumps, Inc.), the Court hereby dismisses this case without prejudice under Rule 41(a) as to Defendant Goulds Pumps, LLC. Absent reinstatement on 1/16/2024, the dismissal as to this defendant shall automatically convert to a dismissal with prejudice. Plaintiffs' motion in limine to exclude at trial expert witnesses of Goulds Pumps LLC #269 is denied as moot. Plaintiffs' motion for leave to file a fourth amended complaint #283 is voluntarily withdrawn. Daubert hearing regarding certain testimony of Plaintiffs' medical expert, Dr. Richard Kradin, to be held via video conference on 11/28/2023 at 10:00 a.m., and the parties must contact this Court's Courtroom Deputy by 5:00 p.m. on 11/20/2023, to coordinate any remote appearances. The written Final Pretrial Order is deferred until after the Daubert hearing. As stated in open court, the Court sets deadlines as follows. The parties shall file their Daubert briefs, not to exceed 15 pages, by 11/21/2023 at noon. Plaintiffs shall file any motion to allow Mr. Pelton to observe trial via webcam by 11/21/2023 at noon. The parties shall meet and confer and submit to the Court by email, on 11/28/2023 at 9:00 am, the following: any deposition designations and objections (line by line); any stipulations reached, in writing; exhibit lists and exhibits, designating agreed exhibits and the exhibits to which there is an objection and the basis of any objection or admissibility; a joint list of names of people who will or might be called as witnesses or referenced during proceedings; and a joint list of technical words that will be used during trial with phonetic spelling. The parties shall meet and confer regarding the status of Plaintiff Shirley Pelton in light of the agreed application of federal maritime law and the unavailability of loss of society damages, and notify the Court by email of their position(s) by 11/28/2023 at 9:00 am. The parties shall also submit to the Court by email their PowerPoint presentations for opening arguments by 12/4/2023 at 9:00 am and indicate if there are any slides to which there is an objection. Hardcopies of exhibits must be provided to the Court by 12/4/2023 at 9:00 am. By prior order, this matter remains set for jury trial at 9:00 am on 12/4/2023. The parties are advised that on 12/4/2023, and 12/7/2023, the trial day will recess early afternoon, rather than the normal 5:00 p.m. stop time. Mailed notice (vcf, )
|
|
Filing 288
Plaintiffs' Notice to Take the Supplemental Videotaped Evidence Deposition by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 287
MEMORANDUM by John Crane, Inc. in Opposition to motion to amend/correct #283 , motion to amend/correct #284 for leave to file fourth amended Complaint (Skagerberg, Kathryn)
|
|
Filing 286
MINUTE entry before the Honorable Martha M. Pacold: The pretrial conference set for 11/17/2023 before Judge Pacold is stricken. (rao, )
|
|
Filing 285
RESPONSE by Defendant John Crane, Inc. to motion in limine #269 , motion for hearing, motion in limine #268 (Attachments: #1 Exhibit Exhibit A)(Skagerberg, Kathryn)
|
|
Filing 284
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton to amend/correct for Leave to File Fourth Amended Complaint (Attachments: #1 Exhibit Fourth Amended Complaint)(Holcomb, Lawrence)
|
|
Filing 283
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton to amend/correct for Leave to File Fourth Amended Complaint (Holcomb, Lawrence)
|
|
Filing 282
RESPONSE by Plaintiffs Chloyde Pelton, Shirley Pelton to other, #273 in Opposition to John Crane Inc.'s Motion in Limine (Re: Multiple Issues - Part 2 of 2) (Attachments: #1 Exhibit Exhibit D-Garza Depo, #2 Exhibit Exhibit E-Brody Report)(Holcomb, Lawrence)
|
|
Filing 281
RESPONSE by Plaintiffs Chloyde Pelton, Shirley Pelton to other, #273 in Opposition to John Crane Inc.'s Motion in Limine (Re: Cumulative Dose and Dr. Richard Kradin-Part 1 of 2) (Attachments: #1 Exhibit Exhibit A-Kradin CV June 2022, #2 Exhibit Exhibit B-Kradin Depo-Trial List 1987-June 2022, #3 Exhibit Exhibit C-Kradin Report 8.24.22)(Holcomb, Lawrence)
|
|
Filing 280
MINUTE entry before the Honorable John Robert Blakey: Final pretrial conference set for 11/16/2023 at 2:00 p.m. in Courtroom 1203. Mailed notice (gel, )
|
|
Filing 279
EXECUTIVE COMMITTEE ORDER: In accordance with the provisions of Rule 13 of the Internal Operating Procedures of this Court, I recommend that the above captioned case be reassigned to the calendar of Judge John Robert Blakey who has acknowledged the reasons and conditions of this reassignment. Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Martha M. Pacold no longer assigned to the case. Signed by Executive Committee on 11/1/2023. (ph, )
|
|
Filing 278
MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing held. As stated on the record, the Honorable Martha M. Pacold has started a criminal jury trial which will overlap with the scheduled trial in this case. The parties are advised that the case will be assigned to Judge John Blakey for trial, starting on December 4, 2023. Jury selection will take place on December 1, to be conducted by Judge Pallmeyer. Further orders are forthcoming. Mailed notice. (cp, )
|
|
Filing 277
ATTORNEY Appearance for Defendant Goulds Pumps, LLC by Undray Wilks (Wilks, Undray)
|
|
Filing 276
MINUTE entry before the Honorable Martha M. Pacold: The court grants the parties' joint motion for extension #274 . The Joint Pre-Trial Report #275 is already on the docket. (rao, )
|
|
Filing 275
PRETRIAL Memorandum (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F)(Holcomb, Lawrence)
|
|
Filing 274
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton for extension of time Joint Motion for Extension of Time (Holcomb, Lawrence)
|
|
Filing 273
Motions in Limine by John Crane, Inc. (Attachments: #1 Letter to Court Enclosing MILs, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Danhelka, Anthony)
|
|
Filing 272
Exhibit List by John Crane, Inc.. (Tivin, Mark)
|
|
Filing 271
Amended Proposed Order by Chloyde Pelton, Shirley Pelton on Plaintiffs' MIL to Exclude Defendant From Offering Experts (Holcomb, Lawrence)
|
|
Filing 270
by Chloyde Pelton, Shirley Pelton Proposed Order Granting MIL to Exclude Defendant Goulds Pumps LLC From Offering Any Experts (Holcomb, Lawrence)
|
|
Filing 269
MOTION by Plaintiff Chloyde Peltonin limine (Holcomb, Lawrence)
|
|
Filing 268
MOTION by Plaintiff Chloyde Pelton for hearing Plaintiffs' General Motion in Limine , MOTION by Plaintiff Chloyde Peltonin limine (Holcomb, Lawrence)
|
|
Filing 267
TRANSCRIPT OF PROCEEDINGS held on 10/6/23 before the Honorable Martha M. Pacold. Order Number: 47060. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/15/2024. (Fennell, Kathleen)
|
|
Filing 266
MINUTE entry before the Honorable Rebecca R. Pallmeyer: A telephone conference is set for 10/31/2023 at 9:45 a.m. before the Honorable Rebecca R. Pallmeyer. To join the telephone hearing, please dial (877) 336-1839 and enter access code: 6708061#. Instructions and a link to the conference number are located on Judge Pallmeyer's website. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (cp, )
|
|
Filing 265
MINUTE entry before the Honorable Martha M. Pacold: Telephonic ruling on defendant's motion for summary judgment, #228 , and motion to exclude certain opinions of Captain Bruce Woodruff, #229 , held on 10/6/2023. For the reasons stated on the record both motions #228 , #229 are denied. Defendant's motion for leave to file trial brief seeking exclusion of evidence relating to plaintiff's claim for loss of society #261 is granted. Defendant has filed the trial brief #263 on the docket. Plaintiff's response is due by 10/27/2023. Defendant's reply is due by 11/15/2023. Pretrial conference set for 11/17/2023 at 10:00 a.m. stands. (rao, )
|
|
Filing 264
ANSWER to amended complaint , COUNTERCLAIM filed by John Crane, Inc. against Alfa Laval Inc., individually and as successor-in-interest to Delaval Purifiers, Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company, Carrier Corporaion, Carrier Global Corporation, Caterpillar, Inc., Cleaver-Brooks, a Division of Aqua-CHem, Inc., Crane Co., Crown, Cork and Seal Company, Inc., successor-in-interest to Mundet Cork Company, FMC Corporation on behalf of its former Northern Pump Business, Flowserve US, Inc., solely as successor in interest to Edward Valves, Inc., Foster Wheeler Energy Corporation, Gardner Denver, Inc., General Electric Company, Goulds Pumps, LLC(f/k/a Goulds Pumps, Inc.), Greene, Tweed & Co., Grinnell, LLC d/b/a Grinnell Corporation, Hill Brother Chemical Company, Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation, IMO Industries Inc., individually and as successor-in-interest to Delaval Turbine, Inc., and C.H. Wheeler Manufacturing Company, J and H Marine & Industrial Engineering Company, McNally Industries, LLC successor to Northern Fire Apparatus, Metalclad Insulation, LLC, Metropolitan Life Insurance Company, Pneumo Abex, LLC, Quincy Compressor LLC, a/k/a Quincy Compressor Co., Robertshaw Controls Co., SYD Carpenter Marine Contractors, Spirax Sarco, Inc., Taco, Inc., Tate Andale, Inc., The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company, The Nash Engineering Company, Thomas Dee Engineering Company, Thrush Co., Inc., Triple A Machine Shop, Inc., Union Carbide Corporation, Velan Valve Corp., a/k/a Velan Valve Corporation, ViacomCBS Inc. f/k/a CBS Corporation (a Delaware Corporation f/k/a Viacom, Inc,) is a successor by merger to CBS Corporation (a Pennsylvania Corporation f/k/a Westinghouse Electric Corporation) and al, Warren Pumps, LLC . by John Crane, Inc.(Danhelka, Anthony)
|
|
Filing 263
Trial Brief Regarding Available Damages Under General Maritime Law by John Crane, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Danhelka, Anthony)
|
|
Filing 262
MINUTE entry before the Honorable Martha M. Pacold: Telephonic ruling on defendant's motion for summary judgment, #228 , and motion to exclude certain opinions of Captain Bruce Woodruff, #229 , is set for 10/6/2023 at 2:30 p.m. CST. The court will rule on the basis of the parties' filings; no argument is necessary. If there are any developments in the status of the case that the court should be aware of prior to ruling (e.g., settlement; not supplemental briefing on the parties' arguments, which have already been addressed in the briefing on the motion), the parties are directed to notify the court immediately. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, )
|
|
Filing 261
MOTION by Defendant John Crane, Inc. for leave to file Trial Brief Seeking Exclusion of evidence Relating to Plaintiffs' Claim for Loss of Society (Attachments: #1 Exhibit A)(Danhelka, Anthony)
|
|
Filing 260
MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 8/29/2023. Jury trial set for 12/4/2023 at 9:30 a.m. for 10 trial days (through 12/15/2023). Pretrial schedule set as follows: Pretrial order, motions in limine, and jury instructions are due by 10/20/2023. Responses to the motions in limine are due by 11/3/2023. Pretrial conference set for 11/17/2023 at 10:00 a.m. by telephone. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. The parties are directed to submit their pretrial filings in compliance with Judge Tharp's pretrial standing order for civil jury trials, which is available at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/tharp/Jury.pdf. In addition, absent prior leave of court, motions in limine (not including exhibits) are limited to a total of 15 pages per side (not per motion), and responses (not including exhibits) are likewise limited to a total of 15 pages per side. Jury instructions should be ordered in one complete set that incorporates plaintiff's and defendant's proposed instructions in a single collated sequential order (as opposed to plaintiff's proposed instructions followed by defendant's proposed instructions). And, for proposed jury instructions that are disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed. In addition to filing the proposed jury instructions on the docket, the parties should also send a Word version of the proposed instructions to the court's proposed order inbox. (rao, )
|
|
Filing 259
MINUTE entry before the Honorable Martha M. Pacold: Status hearing held on 8/22/2023 via Webex. Telephone status hearing set for 8/29/2023 at 10:00 a.m. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, )
|
|
Filing 258
MINUTE entry before the Honorable Martha M. Pacold: The status hearing set for 8/22/2023 is reset to begin at 9:15 a.m. (Time change only). (rao, )
|
|
Filing 257
MINUTE entry before the Honorable Martha M. Pacold: Status hearing set for 8/22/2023 at 8:30 a.m. via Webex. The court will provide the parties with the link to join prior to the hearing. (rao, )
|
|
Filing 256
SUPPLEMENT to status report #254 by John Crane Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Danhelka, Anthony)
|
|
Filing 255
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file a third amended complaint #253 is granted. Plaintiff has already filed this document on the docket. #252 . (rao, )
|
|
Filing 254
STATUS Report (Joint) by John Crane, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Danhelka, Anthony)
|
|
Filing 253
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton for leave to file Third Amended Complaint (Holcomb, Lawrence)
|
|
Filing 252
Third AMENDED complaint by Chloyde Pelton, Shirley Pelton against All Defendants and terminating IMO Industries Inc., individually and as successor-in-interest to Delaval Turbine, Inc., and C.H. Wheeler Manufacturing Company (Holcomb, Lawrence)
|
|
Filing 251
MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 7/26/2023. The parties report that the only defendant proceeding to trial will be John Crane, Inc. The parties are directed to file a joint status report by 8/2/2023 regarding the potential trial dates that were discussed. (rao, )
|
|
Filing 250
MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing set for 7/26/2023 at 10:00 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, )
|
|
Filing 249
ORDER: Gregory Berman's motion to withdraw as counsel for defendant Metropolitan Life Insurance Company #247 is granted. Signed by the Honorable Martha M. Pacold on 4/20/2023. Mailed notice. (axk, )
|
|
Filing 248
ATTORNEY Appearance for Defendant Metropolitan Life Insurance Company by Geneva Claflin Ramirez (Ramirez, Geneva)
|
|
Filing 247
MOTION by Attorney Greg Berman to withdraw as attorney for Metropolitan Life Insurance Company. No party information provided (Berman, Gregory)
|
|
Filing 246
RESPONSE by Defendant John Crane, Inc. to Response,, #237 Plaintiffs' Statement of Additional Facts (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35)(Danhelka, Anthony)
|
|
Filing 245
REPLY by John Crane, Inc. to MOTION by Defendant John Crane, Inc. for summary judgment #228 , Response,, #237 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Danhelka, Anthony)
|
|
Filing 244
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report #242 . Exercising its discretion under Local Rule 78.3, the court denies the parties' request for oral argument on the pending motions at this time, but will set oral argument if the court determines that it is necessary. The court will set a trial schedule, if necessary, if it denies the pending summary judgment motion #228 . The court will rule on the pending motions by mail. (rao, )
|
|
Filing 243
REPLY by Defendant John Crane, Inc. to motion to bar,, #229 , reply to response to motion, #235 to Bar Certain Opinions of Plaintiffs' Navy Witness Captain Bruce Woodruff (USN, Ret.) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Danhelka, Anthony)
|
|
Filing 242
STATUS Report (Joint) by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 241
MINUTE entry before the Honorable Martha M. Pacold: The parties should file a joint status report by 4/13/23 unless a stipulation of dismissal is filed before then. Emailed notice. (cdh, )
|
|
Filing 240
MINUTE entry before the Honorable Susan E. Cox: The parties have informed the Court that an imminent settlement obviates the need for the 4/13/2023 settlement conference before Judge Cox. Therefore, the 4/13/2023 settlement conference is hereby stricken. All matters relating to the referral of this action are concluded; the settlement referral in this matter is hereby terminated. The parties are to file the appropriate dismissal paperwork and are to take the next steps in this litigation before the district judge. (rbf, )
|
|
Filing 239
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion for leave to file an oversized brief. #238 . The motion does not indicate whether it is agreed or opposed as required by the court's standing order. However, the motion #238 is granted. The page limit for defendant's reply in support of the motion for summary judgment is extended by four pages. (rao, )
|
|
Filing 238
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton for order for Leave for Additional Pages to Respond to John Crane, Inc.'s Motion for Summary Judgment, MOTION by Plaintiffs Chloyde Pelton, Shirley PeltonExceed Page Limit By Four Pages (Holcomb, Lawrence)
|
|
Filing 237
RESPONSE by Plaintiffs Chloyde Pelton, Shirley Pelton (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Errata 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Holcomb, Lawrence)
|
|
Filing 236
RESPONSE by Chloyde Pelton, Shirley Peltonin Opposition to MOTION by Defendant John Crane, Inc. for summary judgment #228 (Holcomb, Lawrence)
|
|
Filing 235
REPLY by Chloyde Pelton, Shirley Pelton to MOTION by Defendant John Crane, Inc. to bar Certain Opinions of Plaintiffs' Navy Witness, Captain Bruce Woodruff (USN, Ret.) #229 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Holcomb, Lawrence)
|
|
Filing 234
AMENDED Exhibit 10 to Defendant John Crane Inc.'s Motion for Summary Judgment (see Doc No. 228-12) (Danhelka, Anthony)
|
|
Filing 233
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' agreed motion for extension of time and entry of amended scheduling order #231 is granted. The court adopts the briefing schedule proposed in the motion. #231 at 4. Responses to the dispositive motions #228 , #229 are due by 3/20/2023. Replies, if any, are due by 4/17/2023. (rao, )
|
|
Filing 232
ANSWER to Crossclaim for Contribution (filed by Redco Corporation f/k/a Crane Co.) by John Crane, Inc.(Danhelka, Anthony)
|
|
Filing 231
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton for extension of time to complete discovery and Entry of Amended Scheduling Order, MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton for extension of time to file response/reply as to set deadlines,,,,,,,, set motion and R&R deadlines/hearings,,,,,,, #215 (Holcomb, Lawrence)
|
|
Filing 230
ANSWER to Complaint with Jury Demand , CROSSCLAIM by Crane Co. against Gardner Denver, Inc., Goulds Pumps, LLC f/k/a Goulds Pumps, Inc., IMO Industries Inc., individually and as successor-in-interest to Delaval Turbine, Inc., and C.H. Wheeler Manufacturing Company, John Crane, Inc. . by Crane Co.(Chimera, Vincenzo)
|
|
Filing 229
MOTION by Defendant John Crane, Inc. to bar Certain Opinions of Plaintiffs' Navy Witness, Captain Bruce Woodruff (USN, Ret.) (Attachments: #1 Defendant John Crane Inc.'s Memorandum in Support of Motion to Exclude Certain Opinions of Plaintiffs' Navy Witness Captain Bruce Woodruff (USN, Ret.), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(Danhelka, Anthony)
|
|
Filing 228
MOTION by Defendant John Crane, Inc. for summary judgment (Attachments: #1 Defendant John Crane Inc.'s Statement of Material Facts in Support of Motion for Summary Judgment, #2 Defendant John Crane Inc.'s Memorandum in Support of Motion for Summary Judgment, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Errata 7, #10 Errata 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Errata 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23)(Danhelka, Anthony)
|
|
Filing 227
ANSWER to amended complaint , and COUNTERCLAIM filed by John Crane, Inc. against Alfa Laval Inc., individually and as successor-in-interest to Delaval Purifiers, Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company, Carrier Corporaion, Carrier Global Corporation, Caterpillar, Inc., Cleaver-Brooks, a Division of Aqua-CHem, Inc., Crane Co., Crown, Cork and Seal Company, Inc., successor-in-interest to Mundet Cork Company, FMC Corporation on behalf of its former Northern Pump Business, Flowserve US, Inc., solely as successor in interest to Edward Valves, Inc., Foster Wheeler Energy Corporation, Gardner Denver, Inc., General Electric Company, Goulds Pumps, LLC f/k/a Goulds Pumps, Inc., Greene, Tweed & Co., Grinnell, LLC d/b/a Grinnell Corporation, Hill Brother Chemical Company, Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation, IMO Industries Inc., individually and as successor-in-interest to Delaval Turbine, Inc., and C.H. Wheeler Manufacturing Company, J and H Marine & Industrial Engineering Company, McNally Industries, LLC successor to Northern Fire Apparatus, Metalclad Insulation, LLC, Metropolitan Life Insurance Company, Pneumo Abex, LLC, Quincy Compressor LLC, a/k/a Quincy Compressor Co., Robertshaw Controls Co., SYD Carpenter Marine Contractors, Spirax Sarco, Inc., Taco, Inc., Tate Andale, Inc., The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company, The Nash Engineering Company, Thomas Dee Engineering Company, Thrush Co., Inc., Triple A Machine Shop, Inc., Union Carbide Corporation, Velan Valve Corp., a/k/a Velan Valve Corporation, ViacomCBS Inc. f/k/a CBS Corporation (a Delaware Corporation f/k/a Viacom, Inc,) is a successor by merger to CBS Corporation (a Pennsylvania Corporation f/k/a Westinghouse Electric Corporation) and al, Warren Pumps, LLC . by John Crane, Inc.(Danhelka, Anthony)
|
|
Filing 226
MINUTE entry before the Honorable Susan E. Cox: Settlement conference set for 4/13/2023 at 2:00 p.m. As stated during the pre-conference telephone call, the settlement conference will be limited to Plaintiffs, and Defendant Crane Co. and Defendant Gardner Denver Inc. This date is final and can only be changed by the granting of a motion. Parties are to try to make settlement progress on their own before the conference, including exchanging any informal discovery necessary. In addition to complying with Judge Cox's Standing Order on Settlement Conferences in all other material ways (particularly with respect to itemization and compromise), the parties' letters should reflect the settlement history to date, including all prior demands/offers. Plaintiff's current demand letter is to be provided to opposing counsel and Judge Cox's proposed order inbox by 3/16/2023. Defendant's current offer letter is to be provided to opposing counsel and Judge Cox's proposed order inbox by 3/30/2023. Judge Cox reminds the parties that all persons with authority must be present on the virtual settlement conference for the duration. The parties agree to allow Judge Cox to conduct ex-parte settlement discussions if necessary. Additional information and instructions about the virtual settlement conference will be forthcoming in the days before to the conference. (rbf, )
|
|
Filing 225
Second AMENDED complaint by Chloyde Pelton, Shirley Pelton against John Crane, Inc. (Holcomb, Lawrence)
|
|
Filing 224
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the joint stipulation to dismiss counts III and IV of the First Amended Complaint. #223 . Though the stipulation cites no authority, the court construes it as an agreed motion by the Plaintiffs for leave to amend the complaint by dropping counts III and IV under Rule 15(a)(2). See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). The court grants leave to amend. Plaintiff should file an amended complaint as a separate entry on the docket by 1/30/2023. Defendant John Crane Inc.'s partial motion to dismiss #210 is denied as moot in light of this order. (rao, )
|
|
Filing 223
STIPULATION of Dismissal of Counts III and IV only of Plaintiffs' First Amended Complaint (Danhelka, Anthony)
|
|
Filing 222
MINUTE entry before the Honorable Susan E. Cox: Off-the-record conference call held and continued to 1/25/23 at 10:30 a.m. Several remaining defendants failed to appear for the call. Counsel for all remaining parties must be present on the call and be able to apprise the Court of the most recent settlement negotiations between the parties. Call in information is 888-684-8852 and the passcode is 1664086. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (rbf, )
|
|
Filing 221
ATTORNEY Appearance for Defendant Crane Co. by Vincenzo R Chimera (Chimera, Vincenzo)
|
|
Filing 219
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20224612. (Skagerberg, Kathryn)
|
|
Filing 218
MINUTE entry before the Honorable Susan E. Cox:This case has been referred to Judge Cox for settlement. An off-the-record pre-conference telephone call is set for 1/18/23 at 10:30 a.m. for the purpose of scheduling a settlement conference. The counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Counsel should review Judge Cox's Standing Order on Settlement conferences prior to the call. Call in information is 888-684-8852 and the passcode is 1664086. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (rbf, )
|
|
Filing 220
ORDER: Kathryn J. Skagerberg's motion for leave to appear pro hac vice on behalf of Defendant John Crane Inc. #219 is granted. Signed by the Honorable Martha M. Pacold on 1/6/2023. Mailed notice (jh, )
|
|
Filing 217
ORDER: Defendant Crane Co.'s motion to withdraw the appearance of James B. Walton as counsel of record #213 is granted. Signed by the Honorable Martha M. Pacold on 1/6/2023. Mailed notice. (jg, )
|
|
Filing 216
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: settlement conference. (rao, )
|
|
Filing 215
MINUTE entry before the Honorable Martha M. Pacold: The recent status report reflects that the parties are amenable to a settlement conference. Thus, the case is referred again to Judge Cox for the purpose of settlement. The court adopts the parties' proposed briefing schedule on dispositive motions and Daubert motions. The motions are due by 2/3/2023; responses are due by 3/6/2023; and replies are due by 3/20/2023. The summary judgment filings should present the issues as clearly and efficiently as possible. The parties are directed to review carefully Local Rules 7.1 and 56.1. Local Rule 56.1 is intended "to aid the district court, 'which does not have the advantage of the parties' familiarity with the record and often cannot afford to spend the time combing the record to locate the relevant information,' in determining whether a trial is necessary." Delapaz v. Richardson, 634 F.3d 895, 899 (7th Cir. 2011). Summary judgment filings that do not comply with the local rules (e.g., overlength briefs without prior leave of court, multiple statements of fact per paragraph in the Local Rule 56.1 statements of fact, arguments rather than facts in the Local Rule 56.1 statements of fact, statements of fact that lack specific citations to the record) may be struck or disregarded as appropriate. Bounds v. Country Club Hills Sch. Dist. 160, 20 C 3283, 2022 WL 1487332, at *1 (N.D. Ill. May. 11, 2022) ("The Court's standard practice for motions for summary judgment is to require adherence to the pertinent Local Rules and to disregard statements of fact or any portions thereof that do not comply."). The court will set a trial schedule should a trial be necessary after the court rules on any dispositive motions. The briefing schedule set on Defendant John Crane, Inc.'s partial motion to dismiss in #211 remains in place. (rao, )
|
|
Filing 214
STATUS Report (Joint) by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 213
MOTION to withdraw from assignment pursuant to Local Rule 83.38 for Crane Co.. (Attachments: #1 Motion to Withdraw)(McCarthy, James)
|
|
Filing 212
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
|
|
Filing 211
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' response to defendant John Crane Inc.'s motion to dismiss Counts III and IV #210 is due by 1/13/2023. Defendant's reply is due by 1/27/2023. (rao, )
|
|
Filing 210
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John Crane, Inc. (Tivin, Mark)
|
|
Filing 209
AMENDED complaint by Shirley Pelton, Chloyde Pelton against Chloyde Pelton (Holcomb, Lawrence)
|
|
Filing 208
MINUTE entry before the Honorable Martha M. Pacold: The parties ae directed to file by 1/4/2023 a joint status report informing the court how they seek to proceed in this case. (rao, )
|
|
Filing 207
MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties joint status report. They have completed expert discovery and plan to file dispositive motions. They do not believe a settlement conference would be fruitful at this time. All matters related to the referral of this action are resolved; case returned to the assigned judge. Referral terminated. (rbf, )
|
|
Filing 206
STATUS Report by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 205
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the stipulation to dismiss. #204 . It suffers from multiple flaws. First, based on the use of the word "stipulation," the parties seem to be referring to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). However, not all parties who have appeared signed the stipulation as required by that rule. Further, Rule 41(a) is not the proper vehicle for dismissing some, but not all parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). Thus, the court construes the stipulation as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping Air & Liquid Systems Inc. from the complaint. The court grants leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 12/15/2022 removing Defendant Air & Liquid Systems Inc. as a defendant. Second, the stipulation states, "The Court retains jurisdiction to enforce the settlement agreement." #204 . This is incorrect. In order for a court to retain jurisdiction to enforce a settlement agreement, the underlying suit cannot be dismissed with prejudice. Lynch, Inc. v. SamataMason Inc., 279 F.3d 487, 489 (7th Cir. 2002) (citing Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 380-81 (1994)). The stipulation states that the dismissal of the case against Air & Liquid Systems Inc. is with prejudice and the settlement has not been embodied in a court order. Thus, under Lynch, the court has no authority or jurisdiction to enforce the settlement agreement. With those clarifications, Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. terminated. (rao, )
|
|
Filing 204
STIPULATION to Dismiss Air & Liquid Systems Corporation (Taylor, Tobin)
|
|
Filing 203
by Chloyde Pelton, Shirley Pelton Plaintiffs' Cancellation of Notice to Take Deposition of Dr. David Weill (Holcomb, Lawrence)
|
|
Filing 202
Objections to Plaintiffs' Amended Notice of Deposition of Benjamin J. Heckman, MPH, CIH by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 201
Objections to Plaintiffs' Notice of Deposition of Captain Margaret McCloskey by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 200
ORDER: Eric G. Reeves's motion for leave to appear pro hac vice on behalf of Defendant John Crane Inc. #199 is granted. Signed by the Honorable Martha M. Pacold on 12/1/2022. Mailed notice (aee, )
|
|
Filing 199
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20096685. (Reeves, Eric)
|
|
Filing 198
Objections by Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. to Plaintiffs' Notice to Take the Deposition of Amanda Burns (Taylor, Tobin)
|
|
Filing 197
Objections to Plaintiffs' Amended Notice to Take Deposition of Michael Graham, M.D. by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 196
Objections by Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. to Plaintiffs' Second Amended Notice to Take the Deposition of Dr. David Weill (Taylor, Tobin)
|
|
Filing 195
MINUTE entry before the Honorable Susan E. Cox: Defendant's unopposed motion to extend the expert discovery deadlines #191 is granted. Defendants' expert depositions are to be completed by 12/12/22. The 12/5/22 status report date is stricken and reset to 12/12/22 informing the Court on the progress of expert discovery and whether the parties would like to schedule a settlement conference at that time. (rbf, )
|
|
Filing 194
CERTIFICATE of Service of Dr. Graham's Fee Schedule by Anthony Danhelka on behalf of John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 193
Objections by Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. to Plaintiffs' Notice to Take the Deposition of David Sargent (Taylor, Tobin)
|
|
Filing 192
Objections by Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. to Plaintiffs' Notice to Take the Deposition of Dr. Samuel Forman (Taylor, Tobin)
|
|
Filing 191
MOTION by Defendant John Crane, Inc. for extension of time to complete defense expert depositions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Danhelka, Anthony)
|
|
Filing 190
NOTICE by Chloyde Pelton, Shirley Pelton Plaintiffs' Second Amended Notice to Take Deposition of Dr. David Weill (Holcomb, Lawrence)
|
|
Filing 189
NOTICE by Chloyde Pelton, Shirley Pelton Plaintiffs' Amended Notice to Take Deposition of Benjamin J. Heckman, MPH, CIH (Holcomb, Lawrence)
|
|
Filing 188
NOTICE by Chloyde Pelton, Shirley Pelton Amended Notice to Take Deposition of Dr. David Weill (Holcomb, Lawrence)
|
|
Filing 187
NOTICE by Chloyde Pelton, Shirley Pelton Notice to Take Deposition of Amanda Burns (Holcomb, Lawrence)
|
|
Filing 186
NOTICE by Chloyde Pelton, Shirley Pelton Notice to Take Deposition of Dr. David Weill (Holcomb, Lawrence)
|
|
Filing 185
NOTICE by Chloyde Pelton, Shirley Pelton Second Amended Notice to Take Deposition of Michael Graham MD (Holcomb, Lawrence)
|
|
Filing 184
NOTICE by Chloyde Pelton, Shirley Pelton Amended Notice to Take Deposition of Michael Graham, MD (Holcomb, Lawrence)
|
|
Filing 183
NOTICE by Chloyde Pelton, Shirley Pelton Amended Notice of Deposition of Brian A. Taylor MD (Holcomb, Lawrence)
|
|
Filing 182
NOTICE by Chloyde Pelton, Shirley Pelton to Take Deposition of Brian A. Taylor, MD (Holcomb, Lawrence)
|
|
Filing 181
CERTIFICATE of Service of expert reports (Gamble, Pamela)
|
|
Filing 180
CERTIFICATE of Service of expert reports (Gamble, Pamela)
|
|
Filing 179
Disclosure by Crane Co. Disclosure (McCarthy, James)
|
|
Filing 178
CERTIFICATE of Service by James Patrick McCarthy on behalf of Crane Co. (McCarthy, James)
|
|
Filing 177
NOTICE by Chloyde Pelton, Shirley Pelton to Take Deposition of David P. Sargent, Jr., PE (Holcomb, Lawrence)
|
|
Filing 176
NOTICE by Chloyde Pelton, Shirley Pelton to Take Deposition of Samuel Forman (Holcomb, Lawrence)
|
|
Filing 175
NOTICE by Chloyde Pelton, Shirley Pelton to Take Deposition of Charles Blake (Holcomb, Lawrence)
|
|
Filing 174
NOTICE by Chloyde Pelton, Shirley Pelton Notice to Take Deposition of Michael Graham MD (Holcomb, Lawrence)
|
|
Filing 173
NOTICE by Chloyde Pelton, Shirley Pelton to Take Deposition of Benjamin J. Heckman, MPH, CIH (Holcomb, Lawrence)
|
|
Filing 172
NOTICE by Chloyde Pelton to Take Deposition of Capt. Margaret McCloskey (Holcomb, Lawrence)
|
|
Filing 171
CERTIFICATE of Service for Air & Liquid Systems Corporation's Rule 26 (a)(2) Disclosures (Taylor, Tobin)
|
|
Filing 170
MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties' joint status report. They are progressing smoothly with expert discovery. If the parties wish to schedule a settlement conference, they may reach out to Judge Cox's chambers at any time and the Court will set a hearing to schedule a settlement conference. The parties are ordered to file an updated joint status report on 12/5/22 informing the Court on the progress of expert discovery and whether the parties would like to schedule a settlement conference at that time. (rbf, )
|
|
Filing 169
STATUS Report - Joint Status Report by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 168
ATTORNEY Appearance for Plaintiffs Chloyde Pelton, Chloyde Pelton, Shirley Pelton by Lawrence King Holcomb for Tyler B. Wilke (Holcomb, Lawrence)
|
|
Filing 167
Notice of Continuation of Deposition of Richard L. Kradin, M.D., D.T.M&H by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 166
ORDER: Brady L. Green's motion for leave to appear pro hac vice on behalf of Air & Liquid Systems Corporation #165 is granted. Signed by the Honorable Martha M. Pacold on 9/23/2022. Mailed notice (jh, )
|
|
Filing 165
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19868193. (Green, Brady)
|
|
Filing 164
Second Amended Notice Of Deposition Of Gerald Markowitz, Ph.D. by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 163
Amended Notice Of Deposition Of Captain R. Bruce Woodruff by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 162
Amended Notice of Deposition of Gerald Markowitz, Ph.D. by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 161
Notice of Deposition of Captain R. Bruce Woodruff by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 160
Notice of Deposition of Gerald Markowitz, Ph.D. by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 159
Notice of Deposition of Richard L. Kradin, M.D., D.T.M&H by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 158
ATTORNEY Appearance for Defendant John Crane, Inc. by William Chandler Swallow (Swallow, William)
|
|
Filing 157
ORDER: Brian J. Schneider's motion for leave to appear pro hac vice on behalf of Defendant John Crane Inc. #156 is granted. Signed by the Honorable Martha M. Pacold on 9/8/2022. Mailed notice. (jmk, )
|
|
Filing 156
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19810820. (Schneider, Brian)
|
|
Filing 155
ORDER: Edward Joseph White's motion for leave to appear pro hac vice on behalf of Air & Liquid Systems Corporation #154 is granted. Signed by the Honorable Martha M. Pacold on 9/1/2022. Mailed notice (jmk, )
|
|
Filing 154
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19802366. (White, Edward)
|
|
Filing 153
Notice of Deposition of Kenneth Garza, CIH, MS by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 152
Amended Notice of Deposition of Arnold Brody, Ph.D. by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 151
Notice of Deposition of Arnold Brody, Ph.D. by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 150
CERTIFICATE of Service Plaintiffs' Rule 26(a)(2) Expert Disclosures (Holcomb, Lawrence)
|
|
Filing 149
Proof of Service of Service of Subpoena to Defense Health Agency Joint Pathology Center by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 148
CERTIFICATE of Service Defendant John Crane Inc.'s Amended Responses and Objections to Plaintiffs' Requests for Admissions Nos. 2 and 3 by Anthony David Danhelka on behalf of John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 147
MINUTE entry before the Honorable Susan E. Cox: Plaintiffs' Motion to Compel #131 is granted in part and denied in part. The motion is denied to the extent it seeks amended responses to Plaintiffs' interrogatories or requests for production. The Court has reviewed Defendant John Crane Inc.'s ("JCI") responses and finds that they comply with JCI's discovery obligations. They are responsive to the requests Plaintiffs propounded and provide adequate information. However, to the extent that JCI has not yet done so, JCI's written discovery responses must be verified to provide Plaintiff with assurance that JCI has searched all the records in its possession, custody, and control, and to protect from late-discovered documents being produced after the close of discovery. The motion is also denied as to Request for Admission No. 1; JCI has denied that request for admission and pointed Plaintiff to its discovery responses, which is sufficient. The motion is granted as to Requests for Admission Nos. 2 and 3. JCI's attempt to dodge those requests by saying that it does not know what the U.S. Navy did with its products on specific ships is not availing. Request for Admission No. 2 asks whether JCI has evidence that any governmental entity agreed to warn of asbestos-related hazards of Defendant's products about U.S. Navy ships prior to 1964. The question is whether JCI has the evidence, which is fully within its power to admit or deny; either JCI has the evidence, or it does not. So too for Request for Admission No. 3, which asks Defendant to admit that it did not place warnings of asbestos-related hazards on their products aboard US Navy ships prior to 1964. Defendant should be able to state whether it placed warning labels on its products; either the products it sold to the U.S. Navy had warning labels or they did not. To the extent that it sold some products with warning labels to the U.S. Navy and some products without warning labels to the U.S. Navy and cannot be sure which products ultimately made it to U.S. Navy ships, JCI should state that more clearly in its response. JCI's amended responses to the request for admission are due on or before 8/8/22. The parties are ordered to file an updated joint status report on 10/3/22. Mailed notice (gw, )
|
|
Filing 146
Letter and Subpoena by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 145
Proof of Service of Service of Subpoena to VA Southern Nevada Healthcare System by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 144
MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the Stipulation for Dismissal #143 , Defendant Valves and Controls US, Inc. f/k/a Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill Co., Inc. (sued as "Weir-Valves & Controls USA, Inc., d/b/a Atwood & Morrill Co.") are hereby dismissed with prejudice and without costs to any party. (rao, )
|
|
Filing 143
STIPULATION of Dismissal of Defendant Weir Valves & Controls USA, Inc. dba Atwood & Morrill (Wacker, Brian)
|
|
Filing 142
ORDER: Troyce G. Wolf's motion for leave to appear pro hac vice on behalf of Plaintiffs #141 is granted. Signed by the Honorable Martha M. Pacold on 7/21/2022. Mailed notice. (jmk, )
|
|
Filing 141
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19668739. (Wolf, Troyce)
|
|
Filing 140
Subpoena by John Crane, Inc. to VA Southern Nevada Healthcare System (Gamble, Pamela)
|
|
Filing 139
ORDER: Demetrios T. Zacharopoulos's motion for leave to appear pro hac vice on behalf of Plaintiffs #138 is granted. Signed by the Honorable Martha M. Pacold on 7/13/2022. Mailed notice (jmk, )
|
|
Filing 138
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19642584. (Zacharopoulos, Demetrios)
|
|
Filing 137
REPLY by Chloyde Pelton, Shirley Pelton to response in opposition to motion #136 to Compel Responsive Discovery and Documents (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Holcomb, Lawrence)
|
|
Filing 136
RESPONSE by John Crane, Inc.in Opposition to MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton to compel Responsive Discovery and Documents from Defendant John Crane Inc. #131 (Gamble, Pamela)
|
|
Filing 135
MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties' joint status report and enters the following expert discovery schedule, which represents a compromise between the parties' respective proposed positions: 1) Plaintiffs' expert disclosures and reports are due 8/26/22; 2) Plaintiffs' expert depositions are to be completed by 9/30/22; 3) Defendants' expert disclosures and reports are due 11/4/22; 4) Defendants' expert depositions are to be completed by 12/9/22. This Court does not have the authority to set a trial schedule, and any dispute regarding trial scheduling should be brought before the District Judge. Mailed notice (gw, )
|
|
Filing 134
STATUS Report by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 133
NOTICE by Alex Paul Blair of Change of Address (Blair, Alex)
|
|
Filing 132
MINUTE entry before the Honorable Susan E. Cox: Plaintiffs' Motion to Compel Responsive Discovery and Documents from Defendant John Crane Inc. #131 is taken under advisement. The Court sets the following briefing schedule: Defendants response is due 6/24/21; Plaintiffs' reply is due 7/1/22. The Court will rule by mail. Mailed notice (gw, ) Modified on 6/17/2022 (gw, ). (Main Document 132 replaced on 6/17/2022) (gw, ).
|
|
Filing 131
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton to compel Responsive Discovery and Documents from Defendant John Crane Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Holcomb, Lawrence)
|
|
Filing 130
MINUTE entry before the Honorable Susan E. Cox: Defendant's Motion for Extension of Time to Complete Discovery #125 is denied. Defendant has had ample time to complete discovery, and the parties' filing demonstrate that Defendant has not been diligent in completing discovery within the deadline. Additionally, it is imperative that this case move forward expeditiously given Plaintiff's medical condition. Fact discovery closed on 5/31/22. The parties are ordered to file an updated joint status report on 6/17/22 proposing any expert discovery deadlines necessary and stating whether the parties would like to schedule a settlement conference. Mailed notice (ber, )
|
|
Filing 129
RESPONSE by Chloyde Pelton, Shirley Peltonin Opposition to MOTION by Defendant John Crane, Inc. for extension of time to complete discovery #125 (Holcomb, Lawrence)
|
|
Filing 128
RESPONSE by Chloyde Pelton, Shirley Peltonin Opposition to MOTION by Defendant John Crane, Inc. for extension of time to complete discovery #125 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Holcomb, Lawrence)
|
|
Filing 127
MINUTE entry before the Honorable Susan E. Cox: Defendant's motion for extension of time to complete discovery #125 is taken under advisement. Plaintiffs oppose the motion and are ordered to file a brief in opposition on 6/8/22. The Court will rule by mail. No further dates set at this time. Mailed notice (gw, )
|
|
Filing 126
STATUS Report Joint Status Report by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 125
MOTION by Defendant John Crane, Inc. for extension of time to complete discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Danhelka, Anthony)
|
|
Filing 124
CERTIFICATE of Service Warren Pumps, LLC's Answers to Plaintiffs' Second Set of Interrogatories, Requests for Production, and Requests for Admission by Meggie Francine Hogan on behalf of Warren Pumps, LLC (Hogan, Meggie)
|
|
Filing 123
CERTIFICATE of Service Answers, Responses and Objections to the Plaintiffs' Second Set of Interrogatories, Requests for Production and Requests for Admission by Alex Paul Blair on behalf of Gardner Denver, Inc. (Blair, Alex)
|
|
Filing 122
CERTIFICATE of Service Responses o Plaintiffs' Requests for Admission by Alex Paul Blair on behalf of Gardner Denver, Inc. (Blair, Alex)
|
|
Filing 121
CERTIFICATE of Service regarding Answers, Responses and Objections to the Plaintiffs' Second Set of Interrogatories, Requests for Production and Requests for Admission by Charles Matthew Alva on behalf of McNally Industries, LLC successor to Northern Fire Apparatus (Alva, Charles)
|
|
Filing 120
CERTIFICATE of Service regarding Answers, Responses and Objections to the Plaintiffs' Second Set of Interrogatories, Requests for Production and Requests for Admission by Charles Matthew Alva on behalf of FMC Corporation on behalf of its former Northern Pump Business (Alva, Charles)
|
|
Filing 119
CERTIFICATE of service of discovery responses on behalf of Crane Co. (Walton, James) Modified on 5/18/2022 (jn, ).
|
|
Filing 118
CERTIFICATE of Service for AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC.'S RESPONSES TO PLAINTIFFS' SECOND REQUEST FOR ADMISSION, SECOND SET OF INTERROGAOTRIES AND SECOND REQUEST FOR PRODUCTION (Emmert, Jordan)
|
|
Filing 117
CERTIFICATE of Service of Plaintiffs' Answers and Objections to Defendant John Crane Inc.'s Second Set of Interrogatories (Holcomb, Lawrence)
|
|
Filing 116
CERTIFICATE of Service Plaintiffs' Responses and Objections to Defendant John Crane, Inc.'s First Set of Requests to Admit (Holcomb, Lawrence)
|
|
Filing 115
MINUTE entry before the Honorable Martha M. Pacold: Defendant Paramount Global f/k/a ViacomCBS, Inc., f/k/a CBS Corporation, a Delaware Corporation, f/k/a Viacom, Inc, successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation, (hereinafter "Paramount Global") is hereby dismissed with prejudice and each party to bear their own costs pursuant to the Stipulation of Voluntary Dismissal #114 filed by the parties on 4/21/2022. (rao, )
|
|
Filing 114
STIPULATION of Dismissal of Paramount Global (Holcomb, Lawrence)
|
|
Filing 113
MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties' joint status report. They report that several issues remain outstanding and do not anticipate meeting the 5/31/22 fact discovery deadline. This Court will only extend the deadline on a written motion for good cause shown. The parties are not interested in a settlement conference at this time. The parties are ordered to file an updated joint status report on 5/31/22. Mailed notice (gw, )
|
|
Filing 112
STATUS Report by Chloyde Pelton (Holcomb, Lawrence)
|
|
Filing 111
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' claims against defendants Union Carbide Corporation are hereby dismissed without prejudice and without costs or fees to each party pursuant to the notice of voluntary dismissal filed by plaintiff on 4/13/2022 #109 . Mailed notice. (ym, )
|
|
Filing 110
CERTIFICATE of Service of Defendant John Crane Inc.'s Second Set of Interrogatories by Anthony David Danhelka on behalf of John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 109
NOTICE of Voluntary Dismissal by Union Carbide Corporation, Chloyde Pelton Plaintiff's Notice Of Voluntary Dismissal Without Prejudice Of Defendant Union Carbide Corporation (Sawyer, Jacob)
|
|
Filing 108
CERTIFICATE of Service of Defendant John Crane Inc.'s First Set of Request to Admit to Plaintiffs by Anthony David Danhelka on behalf of John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 107
CERTIFICATE Service (Holcomb, Lawrence)
|
|
Filing 106
CERTIFICATE of Service of Defendant John Crane Inc.'s First Set of Interrogatories and Request to Produce to Plaintiffs by Anthony David Danhelka on behalf of John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 105
CERTIFICATE of Service Warren Pumps, LLC'S Answer and Responses to Plaintiffs' Interrogatories, Requests for Production, and Requests to Admit by Meggie Francine Hogan on behalf of Warren Pumps, LLC (Hogan, Meggie)
|
|
Filing 104
CERTIFICATE of Service Defendant Warren Pumps, LLC's Interrogatories and Requests to Produce to Plaintiffs by Meggie Francine Hogan on behalf of Warren Pumps, LLC (Hogan, Meggie)
|
|
Filing 103
CERTIFICATE of Service of Discovery Response (Walton, James)
|
|
Filing 102
ORDER: Catherine L. Carlson's motion to withdraw her appearance as counsel for defendant, CRANE Co. #101 is granted. James B. Walton's request for leave to appear on behalf of CRANE Co. #100 is granted. The Clerk of Court is directed to add Mr. Walton's appearance #100 to the docket. Signed by the Honorable Martha M. Pacold on 1/18/2022. Mailed notice (jn, )
|
|
Filing 101
MOTION by Attorney Catherine L. Carlson to withdraw as attorney for Crane Co.. No party information provided (Attachments: #1 Text of Proposed Order Defendant, Crane Co.'s Proposed Order on Motion to Withdraw Appearance of Catherine L. Carlson.)(Carlson, Catherine)
|
|
Filing 100
MOTION by Defendant Crane Co. for leave to appear as Additional Appearance (Walton, James)
|
|
Filing 99
Appearance by Goulds Pumps, LLC f/k/a Goulds Pumps, Inc. (Tayyab, Julia)
|
|
Filing 98
CERTIFICATE of Service by Charles Matthew Alva on behalf of McNally Industries, LLC successor to Northern Fire Apparatus (Attachments: #1 Exhibit FMC Corporation, on behalf of its former McNally Industries, Inc. business, Answers and Objections to Interrogatories, Requests for Production and Requests to Admit)(Alva, Charles)
|
|
Filing 97
CERTIFICATE of Service by Defendant FMC Corporation on behalf of its former Northern Pump Business (Attachments: #1 Exhibit Northern Pump Answers and Objections to Interrogatories, Requests for Production and Requests to Admit)(Alva, Charles)
|
|
Filing 96
Response to Plaintiff's Request for Admission by Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. (Taylor, Tobin)
|
|
Filing 95
CERTIFICATE of Service of John Crane Inc.'s Reponses and Objections to Plaintiffs' Interrogatories, Production of Documents, and Requests for Admissions by Pamela Rose Gamble on behalf of John Crane, Inc. (Gamble, Pamela)
|
|
Filing 94
MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties' joint status report. They are progressing smoothly with discovery and anticipate meeting the 5/31/22 fact discovery deadline. They do not believe a settlement conference would be fruitful at this time. The parties are ordered to file an updated joint status report on 4/18/22. Mailed notice (gw, )
|
|
Filing 93
STATUS Report Joint Status Report by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 92
ATTORNEY Appearance for Defendant Tate Andale, Inc. by Catherine Lynn Carlson 21 04316 (Carlson, Catherine)
|
|
Filing 91
ATTORNEY Appearance for Defendant Crane Co. by Catherine Lynn Carlson 21 04316 (Carlson, Catherine)
|
|
Filing 90
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' claims against Defendants Greene, Tweed & Co.; Grinnell, LLC d/b/a Grinnell Corporation; Hill Brother Chemical Company; The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company; Metalclad Insulation, LLC; The Nash Engineering Company; Pneumo Abex, LLC; Quincy Compressor LLC, a/k/a Quincy Compressor Co.; Robertshaw Controls Co.; Taco, Inc.; Tate Andale, Inc.; Thomas Dee Engineering Company; Thrush Co., Inc.; Triple A Machine Shop, Inc.; and Velan Valve Corp., a/k/a Velan Valve Corporation are hereby dismissed without prejudice and without costs or fees to each party pursuant to the Stipulation of Voluntary Dismissal #89 filed by the parties on 10/13/2021. Plaintiffs' claims against Defendant Spirax Sarco, Inc. were dismissed without prejudice and without costs or fees to each party on 9/7/2021 #50 . (rao, )
|
|
Filing 89
STIPULATION of Dismissal (Holcomb, Lawrence)
|
|
Filing 88
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Union Carbide Corporation, Scott Koontz Union Carbide Corporation's Notification Of Affiliates (Sawyer, Jacob)
|
|
Filing 87
Rule 26(A) Disclosures by The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company (Rejano, Joseph)
|
|
Filing 86
MINUTE entry before the Honorable Martha M. Pacold: Shannon M. Harvey's motion to withdraw her appearance on behalf of Defendant Honeywell International, Inc., f/k/a Allied Signal Inc., as successor-in-interest to The Bendix Corporation ("Honeywell") #83 is granted. Jennifer L. Smith's motion to withdraw her appearance on behalf of "Honeywell" #84 is granted. Matthew J. O'Malley's motion to withdraw his appearance on behalf of "Honeywell" #85 is granted. Attorneys Jennifer Lynn Smith; Shannon M. Harvey and Matthew J O'Malley terminated. (rao, )
|
|
Filing 85
MOTION by Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation to withdraw Motion to Withdraw Appearance (O'Malley, Matthew)
|
|
Filing 84
MOTION by Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation to withdraw Motion to Withdraw Appearance (Smith, Jennifer)
|
|
Filing 83
MOTION by Attorney Shannon M. Harvey to withdraw as attorney for Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation. New address information: Honeywell International, Inc., Tressler LLP, 233 S. Wacker Dr., 61st Floor, Chicago, IL 60606 (Harvey, Shannon)
|
|
Filing 82
Rule 26(a)(1) Initial Disclosure STATEMENT by Gardner Denver, Inc. (Blair, Alex)
|
|
Filing 81
Disclosure by Union Carbide Corporation (Defendant Union Carbide Corporation's Rule 26(a)(1) Initial Disclosures) (Koontz, Scott)
|
|
Filing 80
Rule 26(a)(1) Initial Disclosure STATEMENT by Greene, Tweed & Co. (Nellans, Benjamin)
|
|
Filing 79
CERTIFICATE of Service by Defendant FMC Corporation on behalf of its former Northern Pump Business of Rule 26 Disclosures (Attachments: #1 Exhibit)(Alva, Charles)
|
|
Filing 78
CERTIFICATE Service of Plaintiffs Rule 26 Initial Disclosures (Holcomb, Lawrence)
|
|
Filing 77
CERTIFICATE of Service by Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. Initial Rule 26 Disclosures (Taylor, Tobin)
|
|
Filing 76
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. Rule 7.1 and Local Rule 3.2 Disclosure and Notice of Affiliates Statement (Taylor, Tobin)
|
|
Filing 75
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' claims against Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation are hereby dismissed without prejudice and without costs or fees to each party pursuant to the Stipulation of Voluntary Dismissal #72 filed by the parties on 9/30/2021. Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation terminated. (rao, )
|
|
Filing 74
CERTIFICATE of Service Warren Pumps, LLC's Rule 26(a)(1) Initial Disclosures by Meggie Francine Hogan on behalf of Warren Pumps, LLC (Hogan, Meggie)
|
|
Filing 73
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Warren Pumps, LLC (Hogan, Meggie)
|
|
Filing 72
STIPULATION of Dismissal (Harvey, Shannon)
|
|
Filing 71
MINUTE entry before the Honorable Susan E. Cox: Defendant's motion for disclosure Amended and Superseding Initial Rule 26(a) Disclosures #69 is misfiled. It is not a motion and does not seek any relief from the Court. The Court has reviewed the Rule 26(f) report #70 . The Court sets a non-expert fact discovery deadline of 5/31/21, including all treating physicians. While It is not the Court's usual practice to subdivide fact discovery (e.g., set written discovery deadlines or deposition deadlines), the deadline to produce physical pathology material is 2/1/22. The Court expects the parties to work cooperatively and efficiently to meet the deadlines set in this case. Likewise, it is not the Court's practice to set additional deadlines (e.g., expert discovery deadlines) until it becomes clear the fact discovery deadline will be met. As such, the Court declines to set additional deadlines at this time. The parties are ordered to file an updated joint status report on 1/3/22 informing the Court of the progress of fact discovery and whether a settlement conference would be fruitful at that time. Mailed notice (np, )
|
|
Filing 70
STATUS Report Joint Initial Status Report by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 69
MOTION by Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation for disclosure Amended and Superseding Initial Rule 26(a) Disclosures (Harvey, Shannon) Modified on 9/27/2021 (np, ).
|
|
Filing 68
MINUTE entry before the Honorable Susan E. Cox: The parties filed two Rule 26(f) reports, despite a clear email request from this Court's chambers that the parties work collaboratively to file one report. That request is now an order. The reports [66, 67] are stricken and the parties are ordered to file a single joint report on or before 9/24/21. According to Plaintiffs, "Defendants were unwilling to add Plaintiffs' reasoning for their objections to paragraphs 3 and 5-8 of their report, or to incorporate Plaintiffs' proposed deadlines in their report, therefore, Plaintiffs file this report to set out their proposed dates." The Court will not abide such behavior or any party's unwillingness to follow simple instructions from the Court. Future failures to comply with Court orders may lead to sanctions. Furthermore, the Court cannot fathom why Defendants would object to incorporating Plaintiffs' positions into a planning report. It requires nothing more than copying and pasting text into a joint filing. The Court did not require Defendants to adopt Plaintiffs' positions, only that they be presented in a joint filing. The Court is entirely capable of understanding that a joint filing presenting opposing views is not tantamount to the filing parties' adoption of those opposing views. The Court is not capable of understanding why basic instructions would go be so flagrantly ignored. The Court will set deadlines after reviewing the joint 26(f) planning report filed by the parties. Mailed notice (np, )
|
|
Filing 67
STATUS Report Plaintiffs' Initial Status Report by Chloyde Pelton, Shirley Pelton (Holcomb, Lawrence)
|
|
Filing 66
STATUS Report Joint Initial by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 65
ATTORNEY Appearance for Defendant The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company by Joseph Philip Rejano (Rejano, Joseph)
|
|
Filing 64
MINUTE entry before the Honorable Matthew F. Kennelly: The minute entry made earlier today in this case was made in error and is vacated. (mma)
|
|
Filing 63
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 10/6/2021, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 10/13/2021 at 9:25 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk)
|
|
Filing 62
CERTIFICATE of Service Rule 26(a)(1) Initial Disclosures by Gregory H. Berman on behalf of Metropolitan Life Insurance Company (Berman, Gregory)
|
|
Filing 61
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' claims against Defendant John Crane, Inc., in counts IV and V only, are hereby dismissed without prejudice and with each party to bear its own costs pursuant to the Stipulation of Dismissal #60 filed by the parties on 9/15/2021. Defendant John Crane, Inc.'s motion to dismiss Counts IV and V #12 is denied as moot. (rao, )
|
|
Filing 60
STIPULATION of Dismissal Counts IV and V only (Gamble, Pamela)
|
|
Filing 59
MINUTE entry before the Honorable Martha M. Pacold: Defendant J and H Marine & Industrial Engineering Company is hereby dismissed without prejudice and each party to bear its own costs pursuant to the Stipulation of Dismissal #58 filed by the parties on 9/9/2021. (rao, )
|
|
Filing 58
STIPULATION of Dismissal (Swallow, William)
|
|
Filing 57
MINUTE entry before the Honorable Martha M. Pacold: Defendant, Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company is hereby dismissed without prejudice, and each side to bear its own costs pursuant to the Stipulation of Voluntary Dismissal #56 filed by the parties on 9/9/2021. (rao, )
|
|
Filing 56
STIPULATION of Dismissal of Defendant Amtrol, Inc. (Titus, Kevin)
|
|
Filing 55
ATTORNEY Appearance for Defendant J and H Marine & Industrial Engineering Company by William Chandler Swallow (Swallow, William)
|
|
Filing 54
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to dismiss defendant, Syd Carpenter Marine Contractor, Inc. #52 is granted. Plaintiffs' claims against SYD Carpenter Marine Contractors are dismissed without prejudice, and each party shall bear their own costs. (rao, )
|
|
Filing 53
MINUTE entry before the Honorable Susan E. Cox: This case has been referred to Magistrate Judge Cox for discovery supervision and settlement. Parties are to review the Court's webpage under the heading Rule 26(f) Planning Conference. Parties to file their report on or before 9/22/21. Mailed notice (np, )
|
|
Filing 52
MOTION by Plaintiffs Chloyde Pelton, Shirley Pelton to dismiss Syd Carpenter Marine Contractor, Inc. (Holcomb, Lawrence)
|
|
Filing 51
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.(rao, )
|
|
Filing 50
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' claims against Defendant Caterpillar, Inc. are hereby dismissed without prejudice and without costs or fees to each party pursuant to the Stipulation of Voluntary Dismissal #21 filed by the parties on 8/23/2021. Plaintiffs' claims against Defendant Cleaver-Brooks, a Division of Aqua-CHem, Inc. are hereby dismissed without prejudice and without costs or fees to each party pursuant to the Stipulation of Voluntary Dismissal #22 filed by the parties on 8/23/2021. Plaintiffs' claims against Defendant, Alfa Laval Inc. are hereby dismissed without prejudice and each party to bear its own costs pursuant to the Stipulation for Dismissal #37 filed by the parties on 8/27/2021. Plaintiffs' claims against Defendant Carrier Corporation are hereby dismissed without prejudice and without costs or fees to each party pursuant to the Stipulation of Voluntary Dismissal #47 filed by the parties on 9/2/2021. Plaintiffs' claims against Defendant Spirax Sarco, Inc. are hereby dismissed without prejudice and without costs or fees to each party pursuant to the Stipulation of Voluntary Dismissal #49 filed by the parties on 9/7/2021. (rao, )
|
|
Filing 49
STIPULATION of Dismissal (McGrath, Daniel)
|
|
Filing 48
STATUS Report Joint Initial by John Crane, Inc. (Gamble, Pamela)
|
|
Filing 47
NOTICE of Voluntary Dismissal by Carrier Corporaion (Finer, Daniel)
|
|
Filing 46
ATTORNEY Appearance for Defendant Carrier Corporaion by Daniel Michael Finer (Finer, Daniel)
|
|
Filing 45
ATTORNEY Appearance for Defendant Greene, Tweed & Co. by Benjamin Joseph Nellans (Nellans, Benjamin)
|
|
Filing 44
ATTORNEY Appearance for Defendant Metalclad Insulation, LLC by Blake Andrew Thompson (Thompson, Blake)
|
|
Filing 43
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Metalclad Insulation, LLC (Cecil, Jennifer)
|
|
Filing 42
ATTORNEY Appearance for Defendant Metalclad Insulation, LLC by Jennifer Cecil (Cecil, Jennifer)
|
|
Filing 41
ATTORNEY Appearance for Defendant Gardner Denver, Inc. by Alex Paul Blair (Blair, Alex)
|
|
Filing 40
ATTORNEY Appearance for Defendant Union Carbide Corporation by Scott H. Koontz (Koontz, Scott)
|
|
Filing 39
ATTORNEY Appearance for Defendant Union Carbide Corporation by Jacob D. Sawyer (Sawyer, Jacob)
|
|
Filing 38
ATTORNEY Appearance for Defendant The Nash Engineering Company by Justin A. Borawski (Borawski, Justin)
|
|
Filing 37
STIPULATION of Dismissal of Alfa Laval Inc., individually and as successor-in-interest to Delaval Purifiers (Alva, Charles)
|
|
Filing 36
ATTORNEY Appearance for Defendant Alfa Laval Inc., individually and as successor-in-interest to Delaval Purifiers by Charles Matthew Alva (Alva, Charles)
|
|
Filing 35
ATTORNEY Appearance for Defendant FMC Corporation on behalf of its former Northern Pump Business by Charles Matthew Alva (Alva, Charles)
|
|
Filing 34
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' response to Defendant John Crane Inc.'s motion to dismiss #12 is due by 9/15/2021. Defendant's reply is due by 9/30/2021. (rao, )
|
|
Filing 33
ATTORNEY Appearance for Defendant Metropolitan Life Insurance Company by Gregory H. Berman (Berman, Gregory)
|
|
Filing 32
ATTORNEY Appearance for Defendant Greene, Tweed & Co. by Edward J. McCambridge (McCambridge, Edward)
|
|
Filing 31
ATTORNEY Appearance for Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation by Matthew J O'Malley (O'Malley, Matthew)
|
|
Filing 30
ATTORNEY Appearance for Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation by Jennifer Lynn Smith (Smith, Jennifer)
|
|
Filing 29
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation Corporate Disclosure Statement (Harvey, Shannon)
|
|
Filing 28
ATTORNEY Appearance for Defendant Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation by Shannon M. Harvey (Harvey, Shannon)
|
|
Filing 27
ATTORNEY Appearance for Defendant Green, Tweed & Co. by Jason Patrick Eckerly (Eckerly, Jason)
|
|
Filing 26
ATTORNEY Appearance for Defendant Spirax Sarco, Inc. by Daniel William McGrath (McGrath, Daniel)
|
|
Filing 25
ATTORNEY Appearance for Counter Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc., Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. by Brett Michael Mares (Mares, Brett)
|
|
Filing 24
ATTORNEY Appearance for Counter Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc., Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. by Andrew J Roth (Roth, Andrew)
|
|
Filing 23
ATTORNEY Appearance for Counter Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc., Defendant Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc. by Tobin J Taylor (Taylor, Tobin)
|
|
Filing 22
STIPULATION of Dismissal Cleaver-Brooks, Inc. (Borawski, Justin)
|
|
Filing 21
STIPULATION of Dismissal of Caterpillar Inc. (Borawski, Justin)
|
|
Filing 20
ATTORNEY Appearance for Defendant Cleaver-Brooks, a Division of Aqua-CHem, Inc. by Justin A. Borawski (Borawski, Justin)
|
|
Filing 19
ATTORNEY Appearance for Defendant Caterpillar, Inc. by Justin A. Borawski (Borawski, Justin)
|
|
Filing 18
ATTORNEY Appearance for Defendant Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company by Kevin Allan Titus (Titus, Kevin)
|
|
Filing 17
ATTORNEY Appearance for Defendant Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company by Joseph P Sullivan (Sullivan, Joseph)
|
|
Filing 16
ATTORNEY Appearance for Defendant Weir-Valves & Controls USA, Inc. d/b/a Atwood & Morrill Co. by Justin A. Borawski (Borawski, Justin)
|
|
Filing 15
ATTORNEY Appearance for Defendant Warren Pumps, LLC by Meggie Francine Hogan (Hogan, Meggie)
|
|
Filing 14
ORDER: Lawrence K. Holcomb's motion for leave to appear pro hac vice on behalf of Plaintiffs #13 is granted. Signed by the Honorable Martha M. Pacold on 8/23/2021. Mailed notice (jn, )
|
|
Filing 13
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18589678. (Holcomb, Lawrence)
|
|
Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John Crane, Inc. (Attachments: #1 Exhibit A)(Danhelka, Anthony)
|
|
Filing 11
MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 9/2/2021. (Attachments: #1 Initial Status Report outline) (rao, )
|
|
Filing 10
Defendant John Crane Inc.'s ANSWER to Complaint with Jury Demand and affirmative defenses, COUNTERCLAIM filed by John Crane, Inc. against Air & Liquid Systems, Inc., Successor by Merger to Buffalo Pumps, Inc., Alfa Laval Inc., individually and as successor-in-interest to Delaval Purifiers, Amtrol Inc., successor-in-interest to Thrush Company and H.A. Thrush Company, Carrier Corporaion, Carrier Global Corporation, Caterpillar, Inc., Cleaver-Brooks, a Division of Aqua-CHem, Inc., Crane Co., Crown, Cork and Seal Company, Inc., successor-in-interest to Mundet Cork Company, FMC Corporation on behalf of its former Northern Pump Business, Flowserve US, Inc., solely as successor in interest to Edward Valves, Inc., Foster Wheeler Energy Corporation, Gardner Denver, Inc., General Electric Company, Goulds Pumps, LLC f/k/a Goulds Pumps, Inc., Green, Tweed & Co., Grinnell, LLC d/b/a Grinnell Corporation, Hill Brother Chemical Company, Honeywell International, Inc. f/k/a Allied Signal Inc., successor-in-interest to the Bendix Corporation, IMO Industries Inc., individually and as successor-in-interest to Delaval Turbine, Inc., and C.H. Wheeler Manufacturing Company, J and H Marine & Industrial Engineering Company, McNally Industries, LLC successor to Northern Fire Apparatus, Metalclad Insulation, LLC, Metropolitan Life Insurance Company, Pneumo Abex, LLC, Quincy Compressor LLC, a/k/a Quincy Compressor Co., Robertshaw Controls Co., SYD Carpenter Marine Contractors, Spirax Sarco, Inc., Taco, Inc., Tate Andale, Inc., The J.R. Clarkson Company, successor to the Kunkle Valve Company, and successor to J.E. Lonergan Company, The Nash Engineering Company, Thomas Dee Engineering Company, Thrush Co., Inc., Triple A Machine Shop, Inc., Union Carbide Corporation, Velan Valve Corp., a/k/a Velan Valve Corporation, ViacomCBS Inc. f/k/a CBS Corporation (a Delaware Corporation f/k/a Viacom, Inc,) is a successor by merger to CBS Corporation (a Pennsylvania Corporation f/k/a Westinghouse Electric Corporation) and al, Warren Pumps, LLC, Weir-Valves & Controls USA, Inc. d/b/a Atwood & Morrill Co. . by John Crane, Inc.(Danhelka, Anthony)
|
|
Filing 9
Rule 26(a)(1)(A) Initial Disclosure by John Crane, Inc. (Attachments: #1 Exhibit Attachment A - Master Witness Disclosure, #2 Exhibit Attachment B - Master Exhibit List)(Danhelka, Anthony)
|
|
Filing 8
Corporate Disclosure Statement by John Crane, Inc. (Danhelka, Anthony)
|
|
Filing 7
CIVIL Cover Sheet (Gamble, Pamela)
|
|
Filing 6
ATTORNEY Appearance for Defendant John Crane, Inc. by Anthony David Danhelka (Danhelka, Anthony)
|
|
Filing 5
MAILED Notice of Removal letter to counsel of record (exr, )
|
|
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (mxo, )
|
|
Filing 4
ATTORNEY Appearance for Defendant John Crane, Inc. by Mark I. Tivin (Tivin, Mark)
|
|
Filing 3
ATTORNEY Appearance for Defendant John Crane, Inc. by Pamela Rose Gamble (Gamble, Pamela)
|
|
Filing 2
CIVIL Cover Sheet (Gamble, Pamela)
|
|
Filing 1
NOTICE of Removal from Cook County, case number (2021L006906) filed by John Crane, Inc. Filing fee $ 402, receipt number 0752-18561616. (Attachments: #1 Exhibit)(Gamble, Pamela)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
