Christiansen v. Federal Cartridge Company
| Lori Ann Christiansen |
| Federal Cartridge Company, CBS Corporation, Industrial Holdings Corp, Navistar, Inc., 3M Company, A.O. Smith Corporation, Borg-Warner Morse Tec LLC, Burnham LLC, Viacom, Inc., Westinghouse Electric Corporation, Clark Equipment Company, Crane Company, Dana Companies, LLC, Dap, Inc., Eaton Corporation, FMC Corporation, Foster Wheeler Energy Corporartion, Gardner Denver, Inc., General Electric Company, Goulds Pumps (IPG), Inc., Grinnell LLC, Honeywell International, Inc., Hyster-Yale Group Inc, Imo Industries, Inc., Carborundum Company, ITT Corporation, John Crane, Inc., International Truck & Engine Corporation, International Harvester, Plastics Engineering Company, Pneumo Abex LLC, Rogers Corporation, Saint-Gobain Abrasives, Inc., Square D, Union Carbide Corporation, Welco Manufacturing Company and Metropolitan Life Insurance Company |
| 3:2022cv00232 |
| February 9, 2022 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.
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Filing 47
ORDER: Plaintiff and Defendant Federal Cartridge Company have filed a Stipulation of Dismissal (Doc. #46 ) indicating Plaintiff's cause of action against Defendant may be dismissed without prejudice. 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"). While the Court acknowledges the plain reading of the rule, it finds that dismissing this one defendant, rather than ordering amendment of the complaint, is in the interest of judicial economy. Under these circumstances, the Court finds that dismissal pursuant to Rule 41(a)(2) is appropriate. See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230, 1233 (7th Cir. 1983) ("In the context of a partial settlement, Rule 41(a)(2) is usually the mechanism by which the settling defendants are eliminated from the case.") Plaintiff's claims against Federal Cartridge Company are hereby DISMISSED without prejudice. As a result, the #17 Motion to Dismiss for Lack of Jurisdiction filed by Federal Cartridge Company is DENIED as MOOT. The Clerk of Court is DIRECTED to enter judgment accordingly at the close of the case. Signed by Judge Stephen P. McGlynn on 3/21/2022. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 46 STIPULATION of Dismissal by All Plaintiffs. (Attachments: #1 Administrative Order)(Roper, Megan) |
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Filing 45
ORDER: #44 Motion for Leave to File GRANTED. Signed by Judge Stephen P. McGlynn on 3/14/2022. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 44 MOTION for Leave to File Instanter by All Plaintiffs. (Attachments: #1 Exhibit 1 - PACER Site, #2 Exhibit 2 - ILSD ECF Site, #3 Exhibit 3 - Screenshots of ILSD ECF Site, #4 Exhibit 4 - Service Email, #5 Exhibit 5 - CMECF Email, #6 Exhibit 6 - Declaration, #7 Exhibit 7 - Motion to Sever and Remand)(Roper, Megan) |
| Filing 43 MOTION to Sever Claims, MOTION to Remand Them to State Court by All Plaintiffs. (Roper, Megan) |
| Filing 42 MEMORANDUM in Support re #41 MOTION to Dismiss for Lack of Jurisdiction /Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by General Electric Company. (Meyer, Julie) |
| Filing 41 MOTION to Dismiss for Lack of Jurisdiction /Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by General Electric Company. (Meyer, Julie) |
| Filing 40 NOTICE of Appearance by Julie Fix Meyer on behalf of General Electric Company (Meyer, Julie) |
| Filing 39 MEMORANDUM in Support re #38 MOTION to Dismiss for Lack of Jurisdiction (Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Crane Company. (Meyer, Julie) |
| Filing 38 MOTION to Dismiss for Lack of Jurisdiction (Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Crane Company. (Meyer, Julie) |
| Filing 37 NOTICE of Appearance by Julie Fix Meyer on behalf of Crane Company (Meyer, Julie) |
| Filing 36 NOTICE of Appearance by Megan Roper on behalf of Lori Ann Christiansen (Roper, Megan) |
| Filing 35 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law in Support by Honeywell International, Inc.. (Hopkins, L.) |
| Filing 34 Corporate Disclosure Statement by Honeywell International, Inc.. (Hopkins, L.) |
| Filing 33 NOTICE of Appearance by L. Bryan Hopkins on behalf of Honeywell International, Inc. (Hopkins, L.) |
| Filing 32 NOTICE of Appearance by Julie M. Brummond on behalf of Plastics Engineering Company (Brummond, Julie) |
| Filing 31 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #30 Notice of Appearance filed by Plastics Engineering Company. Attorney Julie Brummond's office called stating incorrect Entry of Appearance was filed. Document stricken and a new Entry of Appearance will be filed this date. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 30 ENTRY STRICKEN - NOTICE of Appearance by Julie M. Brummond on behalf of Plastics Engineering Company (Brummond, Julie) Modified on 2/28/2022 (jaj). |
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Filing 29
ORDER GRANTING #26 Motion regarding crossclaims and denials. Signed by Judge Stephen P. McGlynn on 2/24/2022. (anb2)
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| Filing 28 NOTICE REGARDING FILING re #27 Notice (Other) filed by Pneumo Abex LLC. The document attached contains a Notice of Filing. Notices of Filing and Certificates of Service should only be filed as the final page of a pleading, and not a standalone document. This Notice is sent for informational purposes only. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 27 NOTICE by Pneumo Abex LLC of Filing (Titzer, Ross) |
| Filing 26 MOTION Motion of denial of crossclaims under Federal Rule 5 (c) (1) (B) by Pneumo Abex LLC. (Titzer, Ross) |
| Filing 25 Corporate Disclosure Statement by Pneumo Abex LLC. (Titzer, Ross) |
| Filing 24 Pneumo Abex LLC ANSWER to #22 Answer to Complaint,,,, Crossclaim,,, , CROSSCLAIM against All Defendants by Pneumo Abex LLC.(Titzer, Ross) |
| Filing 23 NOTICE of Appearance by Ross S. Titzer on behalf of Pneumo Abex LLC (Titzer, Ross) |
| Filing 22 ANSWER to Complaint Affirmative Defenses, Answer to Cross-Claims and, CROSSCLAIM against 3M Company, A.O. Smith Corporation, Borg-Warner Morse Tec LLC, Burnham LLC, CBS Corporation, Clark Equipment Company, Crane Company, Dana Companies, LLC, Dap, Inc., Eaton Corporation, FMC Corporation, Federal Cartridge Company, Foster Wheeler Energy Corporartion, Gardner Denver, Inc., General Electric Company, Goulds Pumps (IPG), Inc., Grinnell LLC, Honeywell International, Inc., Hyster-Yale Group Inc, ITT Corporation, Imo Industries, Inc., Industrial Holdings Corp, John Crane, Inc., Metropolitan Life Insurance Company, Navistar, Inc., Plastics Engineering Company, Pneumo Abex LLC, Rogers Corporation, Square D, Union Carbide Corporation, Welco Manufacturing Company by Saint-Gobain Abrasives, Inc..(Henderson, Nathan) |
| Filing 21 NOTICE of Appearance by Nathan M. Henderson on behalf of Saint-Gobain Abrasives, Inc. (Henderson, Nathan) |
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Filing 20
ORDER: Plaintiff Lori Ann Christiansen shall respond to the #17 Motion to Dismiss for Lack of Jurisdiction on or before 3/18/2022. Signed by Judge Stephen P. McGlynn on 2/17/2022. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
ORDER: #7 Motion to Substitute Attorney GRANTED. Attorney Mary Ann Hatch terminated. Signed by Judge Stephen P. McGlynn on 2/17/2022. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Federal Cartridge Company. (Woo, Maryanne) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction by Federal Cartridge Company. (Attachments: #1 Exhibit A- State Court Complaint, #2 Exhibit B- Printout from MN)(Woo, Maryanne) |
| Filing 16 NOTICE by Federal Cartridge Company of Filing (Attachments: #1 Exhibit A- Notice of State Court Removal)(Woo, Maryanne) |
| Filing 15 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 Judge Stephen P. McGlynn for further proceedings. Judge J. Phil Gilbert no longer assigned to the case. All future documents must bear case number 22-232-SPM. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 13 Notice Terminating Judge Assignment. Document stricken per the Order entered at doc 9 . (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 STRICKEN 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 Judge J. Phil Gilbert for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 22-232-JPG. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 2/15/2022 (kdw). |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Woo, Maryanne) |
| Filing 11 NOTICE FROM CLERK Instructing Lori Ann Christiansen, Federal Cartridge Company to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Lori Ann Christiansen, Federal Cartridge Company on 2/11/22. Consent due by 3/4/2022 (lmb) |
| Filing 10 NOTICE of Appearance by Maryanne Woo on behalf of Federal Cartridge Company (Woo, Maryanne) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Reona J. Daly for all further proceedings. Judge J. Phil Gilbert no longer assigned to case. Signed by Judge J. Phil Gilbert on 2/11/2022. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE of Appearance by Elizabeth V. Heller on behalf of All Plaintiffs (Heller, Elizabeth) |
| Filing 7 MOTION to Substitute Attorney by Federal Cartridge Company. (Kirby, Daniel) |
| Filing 6 NOTICE of Appearance by Daniel Kirby on behalf of Federal Cartridge Company (Kirby, Daniel) |
| Filing 5 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Heller does not have a Notice of Appearance on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 4 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 22-232-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (lmb) |
| Filing 3 Corporate Disclosure Statement by Federal Cartridge Company identifying Corporate Parent Vista Outdoor, Inc., Corporate Parent Vista Commercial Ammunition Holdings Company Inc., Corporate Parent Vista Commercial Ammunition Company Inc. for Federal Cartridge Company. (Hatch, Mary) |
| Filing 2 NOTICE of Appearance by Mary Ann Hatch on behalf of Federal Cartridge Company (Hatch, Mary) |
| Filing 1 NOTICE OF REMOVAL from Madison County, IL, case number 2021L 001583 ( Filing fee $ 402 receipt number AILSDC-4703140), filed by Federal Cartridge Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Hatch, Mary) |
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