Scott v. 84 Lumber Company et al
| Walter R. Scott |
| Cameron International Corporation, Industrial Holdings Corporation, Vanderbilt Minerals, LLC, ViacomCBS Inc., Warren Pumps, LLC, ZF Active Safety US Inc., 84 Lumber Company, Ace Hardware Corporation, Air & Liquid System Corporation, Alfa Laval Inc., Amcord, Inc., American Biltrite, Inc., Armstrong International, Inc., Arvinmeritor, Inc., Atwood & Morrill, Aurora Pump Company, Blackmer Pump Company, Bryan Steam LLC, BW/IP Inc., Cooper Cameron Corporation, Carrier Corporation, Clark-Reliance Corporation, Cleaver-Brooks, Conwed Corporation, Copes-Vulcan, Inc., Crane Co., Crown, Cork & Seal USA, Inc., Dap, Inc., Dow Chemical Company, Eaton Corporation, Flowserve USA, Inc., FMC Corporation, Foster Wheeler, LLC, Gardner Denver, Inc., General Electric Company, Genuine Parts Company doing business as National Automotive Parts Association a/k/a Napa, Goodyear Tire & Rubber Co., Gould Electronics, Inc., Goulds Pumps LLC, Graybar Electric Company, Inc., Greene Tweed & Co., Inc., Grinnell LLC, GTE Operations Support Incorporated, Hercules, LLC, Honeywell International, Inc., Howden North America, Inc., IMO Industries Inc., Invensys Systems, Inc., Carborundum Company, ITT Corporation, J-M Manufacturing Company, Inc., James Walker MFG. Co., John Crane, Inc., Johnson Controls, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Krogh Pump Company, Inc., Lamons, McKesson Corporation, McMaster-Carr Supply Company, Metropolitan Life Insurance Co., Milwaukee Valve Company, Inc., Mission Stucco Co., Nash Engineering Company, Pfizer, Inc., Pneumo Abex, LLC, Rexel USA, Inc., Rockwell Automation, Inc., Schneider Electric USA Inc., Spence Engineering Company, Inc., Spirax Sarco, Inc., SPX Corporation, Sulzer Pumps (US) Inc., Supro Corporation, Union Carbide Corporation, R.T. Vanderbilt Company, Inc., Velan Valve Corp., CBS Corporation, a Delaware corporation, Viacom Inc., successor-by-merger to CBS Corporation, Westinghouse Electric Corporation, Viking Pump, Inc., Warren Pumps, Inc., Welco Manufacturing Company, Whittaker Clark & Daniels, The William Powell Company, York International Corporation, Kelsey-Hayes Company, Zurn Industries, LLC, Viacom Inc., successor-by-merger to CBS Corporation, a Pennsylvania corporation and William Powell Company |
| 3:2022cv00613 |
| March 24, 2022 |
| U.S. District Court for the Southern District of Illinois |
| Staci M Yandle |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
| Both |
Docket Report
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| Document Text |
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| Filing 90 Letter to Clerk, St. Clair County Circuit Court attaching certified copy of the Remand Order at Doc. 89. (kls3) |
Filing 89
ORDER OF REMAND: This case is remanded to the Twentieth Judicial Circuit, St. Clair County, Illinois. Signed by Judge Staci M. Yandle on 5/20/2022. (mah)
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| Filing 88 MEMORANDUM in Support re #87 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint for Lack of Personal Jurisdiction in the Alternative for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Sulzer Pumps (US) Inc.. (Meyer, Julie) |
| Filing 87 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint for Lack of Personal Jurisdiction in the Alternative for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Sulzer Pumps (US) Inc.. (Meyer, Julie) |
| Filing 86 MEMORANDUM in Support re #85 MOTION to Dismiss for Failure to State a Claim Plaintiffs First Amended Complaint for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Crane Co.. (Meyer, Julie) |
| Filing 85 MOTION to Dismiss for Failure to State a Claim Plaintiffs First Amended Complaint for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Crane Co.. (Meyer, Julie) |
| Filing 84 MEMORANDUM in Support re #83 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint for Lack of Personal Jurisdiction in the Alternative for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Hercules, LLC. (Meyer, Julie) |
| Filing 83 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint for Lack of Personal Jurisdiction in the Alternative for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Hercules, LLC. (Meyer, Julie) |
| Filing 82 Corporate Disclosure Statement by Krogh Pump Company, Inc. identifying Corporate Parent Krogh Pump Company, Inc. for Krogh Pump Company, Inc.. (O'Connor, Anna) |
| Filing 81 NOTICE of Appearance by Anna Gonis O'Connor on behalf of Dap, Inc. (O'Connor, Anna) |
| Filing 80 MEMORANDUM in Support re #79 Amended MOTION to Dismiss for Lack of Jurisdiction filed by York International Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 79 Amended MOTION to Dismiss for Lack of Jurisdiction by York International Corporation. (Wilks, Undray) |
| Filing 78 MEMORANDUM in Support re #77 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Johnson Controls, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 77 Amended MOTION to Dismiss for Lack of Jurisdiction by Johnson Controls, Inc.. (Wilks, Undray) |
| Filing 76 MEMORANDUM in Support re #75 Amended MOTION to Dismiss for Lack of Jurisdiction filed by ITT Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 75 Amended MOTION to Dismiss for Lack of Jurisdiction by ITT Corporation. (Wilks, Undray) |
| Filing 74 MEMORANDUM in Support re #73 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Grinnell LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 73 Amended MOTION to Dismiss for Lack of Jurisdiction by Grinnell LLC. (Wilks, Undray) |
| Filing 72 MEMORANDUM in Support re #71 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Goulds Pumps LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 71 Amended MOTION to Dismiss for Lack of Jurisdiction by Goulds Pumps LLC. (Wilks, Undray) |
| Filing 70 Corporate Disclosure Statement by Aurora Pump Company identifying Corporate Parent Pentair, Inc., Other Affiliate General Signal Corporation, Other Affiliate SPX Corporation for Aurora Pump Company. (Hopkins, L.) |
| Filing 69 NOTICE of Appearance by L. Bryan Hopkins on behalf of Aurora Pump Company (Hopkins, L.) |
| Filing 68 NOTICE of Appearance by Anna Gonis O'Connor on behalf of Krogh Pump Company, Inc. (O'Connor, Anna) |
| Filing 67 MOTION for Leave to File Second Amended Complaint by Walter R. Scott. (Aroesty, Steven) |
| Filing 66 MEMORANDUM in Support re #65 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Arvinmeritor, Inc.. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C)(Thames, Earl) |
| Filing 65 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint by Arvinmeritor, Inc.. (Thames, Earl) |
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Filing 64
ORDER: In light of Plaintiff filing an Amended Complaint (Doc. #63 ), Defendants' motions to dismiss the original complaint (Docs. #6 , #10 , #15 , #19 , #27 , #30 , #33 , #37 , #43 , #47 , #51 , and #58 ) and Plaintiff's Motion for Extension of Time (Doc. #60 ) are TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 4/29/2022. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 63 AMENDED COMPLAINT against 84 Lumber Company, Ace Hardware Corporation, Air & Liquid System Corporation, Alfa Laval Inc., Amcord, Inc., American Biltrite, Inc., Armstrong International, Inc., Arvinmeritor, Inc., Atwood & Morrill, Aurora Pump Company, BW/IP Inc., Blackmer Pump Company, Bryan Steam LLC, Cameron International Corporation, Clark-Reliance Corporation, Cleaver-Brooks, Conwed Corporation, Copes-Vulcan, Inc., Crane Co., Crown, Cork & Seal USA, Inc., Dap, Inc., Dow Chemical Company, Eaton Corporation, FMC Corporation, Flowserve USA, Inc., Foster Wheeler, LLC, GTE Operations Support Incorporated, Gardner Denver, Inc., General Electric Company, Genuine Parts Company, Goodyear Tire & Rubber Co., Gould Electronics, Inc., Goulds Pumps LLC, Graybar Electric Company, Inc., Greene Tweed & Co., Inc., Grinnell LLC, Hercules, LLC, Honeywell International, Inc.(as Successor-in-Interest to Bendix Corp.), Honeywell International, Inc.(as Successor-in-Interest to Honeywell Inc.), Howden North America, Inc., IMO Industries Inc., ITT Corporation, Industrial Holdings Corporation, Invensys Systems, Inc., J-M Manufacturing Company, Inc., James Walker MFG. Co., John Crane, Inc., Johnson Controls, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Krogh Pump Company, Inc., Lamons, McKesson Corporation, McMaster-Carr Supply Company, Metropolitan Life Insurance Co., Mission Stucco Co., Nash Engineering Company, Pfizer, Inc., Pneumo Abex, LLC, Rexel USA, Inc., Rockwell Automation, Inc., SPX Corporation, Schneider Electric USA Inc., Spence Engineering Company, Inc., Spirax Sarco, Inc., Sulzer Pumps (US) Inc., Supro Corporation, Union Carbide Corporation, Vanderbilt Minerals, LLC, Velan Valve Corp., ViacomCBS Inc., Viking Pump, Inc., Warren Pumps, LLC, Welco Manufacturing Company, Whittaker Clark & Daniels, William Powell Company, York International Corporation, ZF Active Safety US Inc., Zurn Industries, LLC, filed by Walter R. Scott.(Aroesty, Steven) |
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Filing 62
ORDER: For good cause shown and pursuant to Federal Rule of Civil Procedure 15(a), Plaintiff's Motion for Leave to File Amended Complaint (Doc. #59 ) is GRANTED. Plaintiff is DIRECTED to file the amended complaint instanter. Signed by Judge Staci M. Yandle on 4/28/2022.(mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 61
Pursuant to Administrative Order No. 311, this case is transferred from Chief Judge Nancy J. Rosenstengel and reassigned to Judge Staci M. Yandle. Any deadlines and schedules previously set shall remain in effect. All future pleadings shall bear the case number 22-613-SMY. Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2022. (dkd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 60 MOTION for Extension of Time to Respond to Defendants' Motions by Walter R. Scott. (Aroesty, Steven) |
| Filing 59 MOTION for Leave to File Amended Complaint by Walter R. Scott. (Aroesty, Steven) |
| Filing 58 MOTION to Dismiss for Lack of Jurisdiction (Personal) by Milwaukee Valve Company, Inc.. (Attachments: #1 Exhibit Affidavit of Dennis Muench)(Rogers, Holly) |
| Filing 57 NOTICE of Appearance by Candace Ann Weatherfield on behalf of Milwaukee Valve Company, Inc. (Weatherfield, Candace) |
| Filing 56 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #54 Motion to Dismiss/Lack of Jurisdiction filed by Milwaukee Valve Company, Inc. Login used and signature do not match. Filer to re-file document. Also, please 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 separate, written entry of appearance before addressing the court. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 55 Corporate Disclosure Statement by Milwaukee Valve Company, Inc.. (Rogers, Holly) |
| Filing 54 STRICKEN. MOTION to Dismiss for Lack of Jurisdiction (Personal) by Milwaukee Valve Company, Inc.. (Attachments: #1 Affidavit Exhibit A)(Rogers, Holly) Modified on 4/25/2022 (kls3). |
| Filing 53 NOTICE of Appearance by Holly Ann Rogers on behalf of Milwaukee Valve Company, Inc. (Rogers, Holly) |
| Filing 52 MEMORANDUM in Support re #51 MOTION to Dismiss for Lack of Jurisdiction filed by York International Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 51 MOTION to Dismiss for Lack of Jurisdiction by York International Corporation. (Wilks, Undray) |
| Filing 50 Corporate Disclosure Statement by York International Corporation identifying Corporate Parent Johnson Controls International plc for York International Corporation. (Wilks, Undray) |
| Filing 49 NOTICE of Appearance by Undray Wilks on behalf of York International Corporation (Wilks, Undray) |
| Filing 48 MEMORANDUM in Support re #47 MOTION to Dismiss for Lack of Jurisdiction filed by Grinnell LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 47 MOTION to Dismiss for Lack of Jurisdiction by Grinnell LLC. (Wilks, Undray) |
| Filing 46 Corporate Disclosure Statement by Grinnell LLC identifying Corporate Parent Johnson Controls International plc for Grinnell LLC. (Wilks, Undray) |
| Filing 45 NOTICE of Appearance by Undray Wilks on behalf of Grinnell LLC (Wilks, Undray) |
| Filing 44 MEMORANDUM in Support re #43 MOTION to Dismiss for Lack of Jurisdiction filed by Goulds Pumps LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 43 MOTION to Dismiss for Lack of Jurisdiction by Goulds Pumps LLC. (Wilks, Undray) |
| Filing 42 Corporate Disclosure Statement by Goulds Pumps LLC identifying Corporate Parent Sapphire Topco Inc. for Goulds Pumps LLC. (Wilks, Undray) |
| Filing 41 NOTICE of Appearance by Undray Wilks on behalf of Goulds Pumps LLC (Wilks, Undray) |
| Filing 40 MOTION to Remand by Walter R. Scott. (Aroesty, Steven) |
| Filing 39 AMENDED COMPLAINT (omitting Carrier Corporation per 15(a)(1)(B)) against All Defendants, filed by Walter R. Scott.(Aroesty, Steven) |
| Filing 38 MEMORANDUM in Support re #37 MOTION to Dismiss for Lack of Jurisdiction filed by Carrier Corporation. (Attachments: #1 Exhibit 1(a), #2 Exhibit 1(b), #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Wilks, Undray) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction by Carrier Corporation. (Wilks, Undray) |
| Filing 36 Corporate Disclosure Statement by FMC Corporation. (Stephens, Robert) |
| Filing 35 NOTICE of Appearance by Robert William Stephens on behalf of FMC Corporation (Stephens, Robert) |
| Filing 34 MEMORANDUM in Support re #33 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 Hercules, LLC. (Meyer, Julie) |
| Filing 33 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 Hercules, LLC. (Meyer, Julie) |
| Filing 32 NOTICE of Appearance by Julie Fix Meyer on behalf of Hercules, LLC (Meyer, Julie) |
| Filing 31 MEMORANDUM in Support re #30 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 30 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 29 NOTICE of Appearance by Julie Fix Meyer on behalf of General Electric Company (Meyer, Julie) |
| Filing 28 MEMORANDUM in Support re #27 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 Co.. (Meyer, Julie) |
| Filing 27 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 Co.. (Meyer, Julie) |
| Filing 26 NOTICE of Appearance by Julie Fix Meyer on behalf of Crane Co. (Meyer, Julie) |
| Filing 25 Corporate Disclosure Statement by Warren Pumps, LLC. (Stephens, Robert) |
| Filing 24 NOTICE of Appearance by Robert William Stephens on behalf of Warren Pumps, LLC (Stephens, Robert) |
| Filing 23 Corporate Disclosure Statement by IMO Industries Inc.. (Stephens, Robert) |
| Filing 22 NOTICE of Appearance by Robert William Stephens on behalf of IMO Industries Inc. (Stephens, Robert) |
| Filing 21 NOTICE of Appearance by Steven M. Aroesty on behalf of All Plaintiffs (Aroesty, Steven) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Dismiss for Lack of Jurisdiction filed by Arvinmeritor, Inc.. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C)(Thames, Earl) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Arvinmeritor, Inc.. (Thames, Earl) |
| Filing 18 Corporate Disclosure Statement by Arvinmeritor, Inc.. (Thames, Earl) |
| Filing 17 NOTICE of Appearance by Earl B. Thames, Jr on behalf of Arvinmeritor, Inc. (Thames, Earl) |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss for Lack of Jurisdiction filed by ITT Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction by ITT Corporation. (Wilks, Undray) |
| Filing 14 Corporate Disclosure Statement by ITT Corporation identifying Corporate Parent Sapphire Topco Inc. for ITT Corporation. (Wilks, Undray) |
| Filing 13 NOTICE of Appearance by Undray Wilks on behalf of ITT Corporation (Wilks, Undray) |
| Filing 12 Corporate Disclosure Statement by Johnson Controls, Inc. identifying Corporate Parent Johnson Controls International plc for Johnson Controls, Inc.. (Wilks, Undray) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Johnson Controls, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilks, Undray) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Johnson Controls, Inc.. (Wilks, Undray) |
| Filing 9 NOTICE of Appearance by Undray Wilks on behalf of Johnson Controls, Inc. (Wilks, Undray) |
| Filing 8 Corporate Disclosure Statement by Alfa Laval Inc. identifying Corporate Parent Alfa Laval AB for Alfa Laval Inc.. (Stephens, Robert) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Alfa Laval Inc.. (Attachments: #1 Exhibit Exhibit 1)(Stephens, Robert) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Alfa Laval Inc.. (Stephens, Robert) |
| Filing 5 NOTICE of Appearance by Robert William Stephens on behalf of Alfa Laval Inc. (Stephens, Robert) |
| Filing 4 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 3:22-cv-613-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kls3) |
| Filing 3 Corporate Disclosure Statement by Carrier Corporation. (Wilks, Undray) |
| Filing 2 NOTICE of Appearance by Undray Wilks on behalf of Carrier Corporation (Wilks, Undray) |
| Filing 1 NOTICE OF REMOVAL from Twentieth Judicial Circuit, St. Clair County, IL, case number 22LA0123 ( Filing fee $ 402 receipt number AILSDC-4743174), filed by Carrier Corporation. (Attachments: #1 Exhibit A, #2 Errata B, #3 Exhibit C, #4 Exhibit D)(Wilks, Undray) |
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