Merkle et al v. BASF Catalysts, LLC et al
| Marilyn K. Merkle and Jack T. Merkle |
| Metropolitan Life Insurance Company, Honeywell International, Inc., John Crane, Inc., Lear Siegler Diversified Holdings Corporation, Eaton Aeroquip, LLC, BWDAC, Inc., Northrop Grumman Corporation, Federal-Mogul Asbestos Personal Injury Trust, Morse Tec LLC, DCO, LLC, BASF Catalysts, LLC, Imo Industries, Inc., Western Auto Supply Company, DAP Products Inc., Navistar, Inc., Pneumo Abex LLC, Genuine Parts Company and Red Devil, Inc. |
| 3:2020cv00315 |
| March 27, 2020 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Reona J Daly |
| Nancy J Rosenstengel |
| P.I. : Asbestos |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 Letter of Acknowledgment from Madison County, IL Circuit Court (rah) |
| Filing 19 Letter to Madison County, IL State Court regarding Order Remanding Case (rah) |
Filing 18
ORDER OF REMAND: The Court GRANTS Plaintiffs' Motion to Remand (Doc. #15 ). Case remanded to the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 5/12/2020. (anb2)
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Filing 17
ORDER: Because Plaintiffs filed an Amended Complaint (Doc. #16 ) that asserts no claims against Northrop Grumman Corp., Northrop has been terminated from this action and its Motion to Dismiss (Doc. #9 ) is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 4/8/2020. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 AMENDED COMPLAINT (Second) against BASF Catalysts, LLC, BWDAC, Inc., DCO, LLC, Eaton Aeroquip, LLC, Federal-Mogul Asbestos Personal Injury Trust, Honeywell International, Inc., Imo Industries, Inc., John Crane, Inc., Lear Siegler Diversified Holdings Corporation, Metropolitan Life Insurance Company, Morse Tec LLC, Western Auto Supply Company, filed by All Plaintiffs.(Steffan, John) |
| Filing 15 Emergency MOTION to Remand to State Court by All Plaintiffs. Responses due by 5/11/2020 (Attachments: #1 Exhibit)(Steffan, John) |
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Filing 14
ORDER re Notice of Voluntary Dismissal filed by Plaintiffs as to Defendant Northrop Grumman Corp. (Doc. #12 ): Plaintiffs filed a notice of voluntary dismissal, indicating their claims against Northrop may be dismissed. However, a plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an ENTIRE ACTION (rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). The rule cannot be used to cleave away one claim or one party from a larger case. Id. To be clear, Plaintiffs' Notice of Voluntary Dismissal (Doc. #12 ), therefore, has not automatically terminated Northrop as it would under applicable circumstances. Accordingly, Northrop will remain a defendant in this matter, and its Motion to Dismiss (Doc. #9 ), active, until Plaintiffs amend their Complaint pursuant to Rule 15(a), which they can do as of right in some circumstances and on motion in others. Plaintiffs are granted leave to file an amended complaint that dismisses Northrop on or before May 6, 2020. Signed by Chief Judge Nancy J. Rosenstengel on 4/6/2020. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-315-NJR. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 NOTICE of Voluntary Dismissal by All Plaintiffs (Steffan, John) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Steffan, John) |
| Filing 10 NOTICE of Appearance by John Louis Steffan, IV on behalf of All Plaintiffs (Steffan, John) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Northrop Grumman Corporation. Responses due by 5/4/2020 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Odom, Gregory) |
| Filing 8 EXHIBIT by Northrop Grumman Corporation. Exhibit to #1 Notice of Removal . (Odom, Gregory) |
| Filing 7 Letter to Attorney Steven D. Rineberg regarding admission to ILSD (rah) |
| Filing 6 NOTICE OF ACTION re #1 Notice of Removal filed by Northrop Grumman Corporation. Notice of Removal was filed without the required attorney signature on the document. Filer is directed to file a signed Notice of Removal using Other Filings>Other Documents>Exhibit and linking the filing to Document 1. It is not necessary to re-file the state court complaint or the civil cover sheet. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Northrop Grumman Corporation. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-315-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/17/2020. (rah) |
| Filing 4 Corporate Disclosure Statement by Northrup Grumman identifying Other Affiliate Northrup Grumman for Northrup Grumman. (Odom, Gregory) |
| Filing 3 NOTICE of Appearance by Meghan C. Kane on behalf of Northrup Grumman (Kane, Meghan) |
| Filing 2 NOTICE of Appearance by Gregory W. Odom, II on behalf of Northrup Grumman (Odom, Gregory) |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 400 receipt number 0754-4149467), filed by Northrup Grumman. (Attachments: #1 State Court Complaint, #2 Civil Cover Sheet)(Odom, Gregory) |
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