Pelzer et al v. AES Ohio et al
| Michael Pelzer and Marie Treuch |
| AES Ohio, Consumers Energy Company, DTE Electric Company, Dynegy, Eastman Chemical Company, TVA, The Dayton Power & Electric, Alabama Power Company, Aurora Pump Company, Baltimore Gas And Electric Company, Cincinnati Gas & Electric Company (The) doing business as Duke Energy Ohio, Inc., Consumer Power, Commonwealth Edison Company, Crane Co., American Electric Company, The Detroit Edison Company, Dynegy Midwest Generating, Inc., Tennessee Eastman Company, Electric Energy Inc. (EEI), Georgia Power Company, John Crane, Northern Indiana Public Service Company, LLC, Ontario Power Generation, Inc., Southern Illinois Power Cooperative (SIPC), Tampa Electric Company, Tennessee Valley Authority and Cincinnati Gas & Electric Company doing business as Duke Energy Ohio, Inc. |
| Cincinnati Gas & Electric Company |
| 3:2022cv00721 |
| April 13, 2022 |
| US 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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This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 90
ORDER OF REMAND: This case is remanded to Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois. Signed by Judge Staci M. Yandle on 6/10/2022. (mah)
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| Filing 89 MOTION for Extension of Time to File Answer Defendant Ontario Power Generation, Inc.'s Motion for Enlargement of Time to File Responsive Pleading to Plaintiff's Complaint by Ontario Power Generation, Inc.. (Schag, Michael) |
| Filing 88 Corporate Disclosure Statement by Consumers Energy Company identifying Corporate Parent CMS Energy Corporation for Consumers Energy Company. (Bell, C.) |
| Filing 87 MOTION for Leave to File First Amended Complaint, or in the Alternative, Motion to Consider Motion to Remand to Illinois State Court by All Plaintiffs. (Dickey, Aaron) |
| Filing 86 MOTION to Dismiss for Lack of Jurisdiction Cross-Claim of Co-Defendant Southern Illinois Power Cooperative Pursuant to Federal Rule of Civil Procedure 12(B)(2) by Cincinnati Gas & Electric Company. (Crawford, Thomas) |
| Filing 85 RESPONSE to Motion re #62 MOTION to Remand to State Court filed by TVA. (Sanders, Christopher) |
| Filing 84 MOTION to Dismiss The Cross-Claim of Co-Defendant Southern Illinois Power Cooperative Without Prejudice and Memorandum of Law in Support by Tampa Electric Company. (VanDorn, Erick) |
| Filing 83 NOTICE OF MODIFICATION re #79 Corporate Disclosure Statement filed by Electric Energy Inc. (EEI). Corporate Parent should have been added at the time of filing the Corporate Disclosure Statement. This information has been added by the Clerk's Office. No further action is required by the filer. Notice sent for informational purposes for future filings. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 82 MEMORANDUM in Support re #81 MOTION to Dismiss Plaintiff's Complaint without Prejudice filed by Tampa Electric Company. (Attachments: #1 Exhibit A)(VanDorn, Erick) |
| Filing 81 MOTION to Dismiss Plaintiff's Complaint without Prejudice by Tampa Electric Company. (VanDorn, Erick) |
| Filing 80 ANSWER to Complaint by Electric Energy Inc. (EEI).(Callaghan, Amy) |
| Filing 79 Corporate Disclosure Statement by Electric Energy Inc. (EEI). (Callaghan, Amy) |
| Filing 78 MOTION for Extension of Time to File Answer Defendant Ontario Power Generation, Inc.'s Motion for Enlargement of Time to File Responsive Pleading to Plaintiff's Complaint by Ontario Power Generation, Inc.. (Schag, Michael) |
| Filing 77 Amended MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by Electric Energy Inc. (EEI). (Callaghan, Amy) |
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Filing 76
ORDER: Plaintiffs' motions for extension of time to file responses to Defendants' motions to dismiss (Docs. #72 #73 , #74 ) are GRANTED. Responses due by June 27, 2022. Plaintiffs' motion for extension of time to file response to Defendant TVA's motion to dismiss (Doc. #70 ) is TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 5/20/2022. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 75
ORDER: Plaintiff's Motion to Dismiss Defendant TVA (Doc. #61 ) is GRANTED. Defendant TVA is dismissed without prejudice. The Clerk of Court is DIRECTED to terminate this Defendant. The pending motion to dismiss filed by Defendant TVA (Doc. #9 ) is TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 5/20/2022. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 74 MOTION for Extension of Time to File Response/Reply as to #37 Jurisdictional Memorandum, #36 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION by All Plaintiffs. (Dickey, Aaron) |
| Filing 73 MOTION for Extension of Time to File Response/Reply as to #32 Memorandum in Support of Motion, #31 MOTION to Dismiss for Lack of Jurisdiction by All Plaintiffs. (Dickey, Aaron) |
| Filing 72 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction , #19 Memorandum in Support of Motion by All Plaintiffs. (Dickey, Aaron) |
| Filing 71 NOTICE of Voluntary Dismissal by Southern Illinois Power Cooperative (SIPC) (Hill, Keith) |
| Filing 70 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , or, in the alternative MOTION to Transfer Case to the Eastern District of Tennessee, #10 Memorandum in Support of Motion, by All Plaintiffs. (Dickey, Aaron) |
| Filing 69 MEMORANDUM in Support re #68 MOTION to Dismiss for Lack of Jurisdiction filed by Consumers Energy Company. (Bell, C.) |
| Filing 68 MOTION to Dismiss for Lack of Jurisdiction by Consumers Energy Company. (Attachments: #1 Exhibit EXHIBIT A)(Bell, C.) |
| Filing 67 Corporate Disclosure Statement by Georgia Power Company identifying Corporate Parent Southern Company for Georgia Power Company. (Volkman, Karen) |
| Filing 66 MEMORANDUM in Support re #65 MOTION to Dismiss for Lack of Jurisdiction the Cross Claim of Co-Defendant SIPC filed by Georgia Power Company. (Attachments: #1 Affidavit of Kristi Dow)(Volkman, Karen) |
| Filing 65 MOTION to Dismiss for Lack of Jurisdiction the Cross Claim of Co-Defendant SIPC by Georgia Power Company. (Volkman, Karen) |
| Filing 64 MEMORANDUM in Support re #63 MOTION to Dismiss for Lack of Jurisdiction the Cross Claim of Co-Defendant SIPC filed by Alabama Power Company. (Attachments: #1 Affidavit of Teresa G. Black)(Volkman, Karen) |
| Filing 63 MOTION to Dismiss for Lack of Jurisdiction the Cross Claim of Co-Defendant SIPC by Alabama Power Company. (Volkman, Karen) |
| Filing 62 MOTION to Remand to State Court by All Plaintiffs. (Dickey, Aaron) |
| Filing 61 MOTION to Dismiss by Order of the Court Pursuant to Rule 42(a)(2) as to Defendant TVA, only by All Plaintiffs. (Dickey, Aaron) |
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Filing 60
ORDER GRANTING Defendant Tampa Electric Company's Motion for Extension of Time to File Responsive Pleading to Southern Illinois Power Cooperatives Cross-Claim (Doc. #59 ): Responsive pleading due by May 26, 2022. Signed by Judge Staci M. Yandle on 5/11/2022. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 59 MOTION for Extension of Time to File Answer re #16 Answer to Complaint,,, Crossclaim,, (Motion for Extension of Time to File Responsive Pleading to Southern Illinois Power Cooperatives Cross-Claim) by Tampa Electric Company. (VanDorn, Erick) |
| Filing 58 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim by Crane Co.. (Meyer, Julie) |
| Filing 57 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #52 Motion to Dismiss/Lack of Jurisdiction filed by Crane Co. Document is duplicative of the Motion filed at Doc. 49. Title of document reads that this is a Motion to Dismiss for DTE Electric Company. Docket text does not match title of document. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 56 MEMORANDUM in Support re #55 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim filed by Eastman Chemical Company. (Meyer, Julie) |
| Filing 55 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim by Eastman Chemical Company. (Meyer, Julie) |
| Filing 54 NOTICE of Appearance by Julie Fix Meyer on behalf of Eastman Chemical Company (Meyer, Julie) |
| Filing 53 MEMORANDUM in Support re #58 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim filed by Crane Co.. (Meyer, Julie) Modified on 5/9/2022 (clt). |
| Filing 52 STRICKEN. MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim by Crane Co.. (Meyer, Julie) Modified on 5/9/2022 (clt). |
| Filing 51 NOTICE of Appearance by Julie Fix Meyer on behalf of Crane Co. (Meyer, Julie) |
| Filing 50 MEMORANDUM in Support re #49 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim filed by DTE Electric Company. (Attachments: #1 Exhibit A to it's Motion to Dismiss for Lack of Personal Jurisdiction)(Meyer, Julie) |
| Filing 49 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction and/or for Failure to State a Claim by DTE Electric Company. (Meyer, Julie) |
| Filing 48 NOTICE of Appearance by Julie Fix Meyer on behalf of DTE Electric Company (Meyer, Julie) |
| Set Deadlines: Electric Energy Inc. (EEI) answer due 5/24/2022. (kek) |
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Filing 47
ORDER GRANTING Defendant Electric Energy Inc.'s Motion for Extension of Time to File Answer to Plaintiffs' Complaint (Doc. #46 ). Responsive pleading due by May 24, 2022. Signed by Judge Staci M. Yandle on 5/3/2022. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 46 MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by Electric Energy Inc. (EEI). (Callaghan, Amy) |
| Filing 45 NOTICE of Appearance by Amy Marie Callaghan on behalf of Electric Energy Inc. (EEI) (Callaghan, Amy) |
| Filing 44 NOTICE of Appearance by Aaron K. Dickey on behalf of All Plaintiffs (Dickey, Aaron) |
| Filing 43 Corporate Disclosure Statement by AES Ohio. (Stephens, Robert) |
| Filing 42 NOTICE of Appearance by Robert William Stephens on behalf of AES Ohio (Stephens, Robert) |
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Filing 41
ORDER GRANTING Defendant Tampa Electric Company's Motion for Extension of Time to File Answer (Doc. #27 ): Responsive pleading due by May 25, 2022. 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 40
ORDER GRANTING in part Defendant Ontario Power Generation, Inc.'s Motion for Enlargement of Time to File Responsive Pleading to Plaintiff's Complaint (Doc. #22 ): Responsive pleading due by May 25, 2022. 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 39
Pursuant to Administrative Order No. 311, this case is transferred from Judge David W. Dugan 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 22-721-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 38 NOTICE OF MODIFICATION re #37 Jurisdictional Memorandum filed by Cincinnati Gas & Electric Company. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Memorandum in Support of Motion" under the heading "Motions and Related Filings/Memorandum in Support." Docket text modified to reflect the correct document. No further action required by the filer.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 37 MEMORANDUM IN SUPPORT OF MOTION #36 Motion to Dismiss by Cincinnati Gas & Electric Company. (Crawford, Thomas) Modified on 4/27/2022 (clt). |
| Filing 36 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION by Cincinnati Gas & Electric Company. (Crawford, Thomas) |
| Filing 35 DEMAND for Trial by Jury by Cincinnati Gas & Electric Company. (Crawford, Thomas) |
| Filing 34 NOTICE of Appearance by Thomas M. Crawford on behalf of Cincinnati Gas & Electric Company (Crawford, Thomas) |
| Filing 33 Corporate Disclosure Statement by Cincinnati Gas & Electric Company identifying Corporate Parent Duke Energy Corporation for Cincinnati Gas & Electric Company. (Crawford, Thomas) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss for Lack of Jurisdiction filed by Alabama Power Company. (Attachments: #1 Affidavit of Teresa G. Black)(Volkman, Karen) |
| Filing 31 MOTION to Dismiss for Lack of Jurisdiction by Alabama Power Company. (Volkman, Karen) |
| Filing 30 NOTICE of Appearance by Karen M. Volkman on behalf of Alabama Power Company (Volkman, Karen) |
| Filing 29 NOTICE of Appearance by Tracy J. Cowan on behalf of Alabama Power Company (Cowan, Tracy) |
| Filing 28 Corporate Disclosure Statement by Tampa Electric Company identifying Corporate Parent Teco Energy, Inc., Corporate Parent Emera US Holdings Inc., Corporate Parent Emera Incorporated for Tampa Electric Company. (VanDorn, Erick) |
| Filing 27 MOTION for Extension of Time to File Answer by Tampa Electric Company. (Attachments: #1 Exhibit A)(VanDorn, Erick) |
| Filing 26 DEMAND for Trial by Jury by Tampa Electric Company. (VanDorn, Erick) |
| Filing 25 NOTICE of Appearance by Erick E. VanDorn on behalf of Tampa Electric Company (VanDorn, Erick) |
| Filing 24 Corporate Disclosure Statement by Southern Illinois Power Cooperative (SIPC). (Johnson, Jennifer) |
| Filing 23 NOTICE OF MODIFICATION re #22 Motion for Extension of Time to File Answer, filed by Ontario Power Generation, Inc. Proposed order was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed order to be deleted in accordance with this Courts practices. Proposed documents need to be e-mailed to the proper judge. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 22 MOTION for Extension of Time to File Answer Defendant Ontario Power Generation, Inc.'s Motion for Enlargement of Time to File Responsive Pleading to Plaintiff's Complaint and proposed Order by Ontario Power Generation, Inc. (Schag, Michael) Modified on 4/25/2022 (clt). |
| Filing 21 NOTICE of Appearance by Michael D. Schag on behalf of Ontario Power Generation, Inc. (Schag, Michael) |
| Filing 20 NOTICE of Appearance by Tracy J. Cowan on behalf of Georgia Power Company (Cowan, Tracy) |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss for Lack of Jurisdiction filed by Georgia Power Company. (Attachments: #1 Affidavit of Kristi Dow)(Volkman, Karen) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction by Georgia Power Company. (Volkman, Karen) |
| Filing 17 NOTICE of Appearance by Karen M. Volkman on behalf of Georgia Power Company (Volkman, Karen) |
| Filing 16 ANSWER to Complaint , Affirmative Defenses, CROSSCLAIM against AES Ohio, Alabama Power Company, American Electric Company, Aurora Pump Company, Baltimore Gas And Electric Company, Cincinnati Gas & Electric Company, Commonwealth Edison Company, Consumers Energy Company, Crane Co., DTE Electric Company, Dynegy, Eastman Chemical Company, Electric Energy Inc. (EEI), Georgia Power Company, John Crane, Northern Indiana Public Service Company, LLC, Ontario Power Generation, Inc., Michael Pelzer, TVA, Tampa Electric Company, Marie Treuch by Southern Illinois Power Cooperative (SIPC).(Hill, Keith) |
| Filing 15 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #13 Answer to Complaint, Crossclaim, filed by Southern Illinois Power Cooperative (SIPC). Login used and signature do not match. Document was signed by Keith B. Hill and filed by Jennifer B. Johnson. Filer is directed to refile the documents. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 NOTICE of Appearance by Keith B. Hill on behalf of Southern Illinois Power Cooperative (SIPC) (Hill, Keith) |
| Filing 13 STRICKEN ANSWER to Complaint , Affirmative Defenses, CROSSCLAIM against AES Ohio, Alabama Power Company, American Electric Company, Aurora Pump Company, Baltimore Gas And Electric Company, Cincinnati Gas & Electric Company, Commonwealth Edison Company, Consumers Energy Company, Crane Co., DTE Electric Company, Dynegy, Eastman Chemical Company, Electric Energy Inc. (EEI), Georgia Power Company, John Crane, Northern Indiana Public Service Company, LLC, Ontario Power Generation, Inc., Michael Pelzer, TVA, Tampa Electric Company, Marie Treuch by Southern Illinois Power Cooperative (SIPC).(Johnson, Jennifer) |
| Filing 12 NOTICE of Appearance by Jennifer B. Johnson on behalf of Southern Illinois Power Cooperative (SIPC) (Johnson, Jennifer) |
| Filing 11 NOTICE of Appearance by James S. Chase on behalf of TVA (Chase, James) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , or, in the alternative MOTION to Transfer Case to the Eastern District of Tennessee filed by TVA. (Attachments: #1 Exhibit 1 Unpublished Opinion (Agarwal v. TVA), #2 Exhibit 2 Unpublished Opinion (Hoppers v. TVA))(Sanders, Christopher) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim , or, in the alternative, MOTION to Transfer Case to the Eastern District of Tennessee by TVA. (Sanders, Christopher) |
| Filing 8 Corporate Disclosure Statement by John Crane. (Danhelka, Anthony) |
| Filing 7 NOTICE of Appearance by Anthony D. Danhelka on behalf of John Crane (Danhelka, Anthony) |
| Filing 6 Letter to Attorney Dickey regarding admission to SDIL. (kdw) |
| Filing 5 NOTICE of Appearance by Christopher Sanders on behalf of TVA (Sanders, Christopher) |
| Filing 4 NOTICE OF REMOVAL (Corrected) from St. Clair County Circuit Court, case number 22LA0203, filed by TVA. (Attachments: #1 Exhibit 1 State Court Documents, #2 Exhibit 2 Certificate of Service, #3 Civil Cover Sheet)(Sanders, Christopher) |
| Filing 3 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #1 Notice of Removal, filed by TVA. Electronic signature omitted. See Section 2.0: page 2.1 of Users Manual. E-filer is instructed to re-file documents. In addition, 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 Sanders does not have a Notice of Appearance on file in this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 22-721-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) |
| Filing 1 STRICKEN AT DOC. 3 - NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 22LA0203, filed by TVA. (Attachments: #1 Exhibit 1 State Court Summons and Complaint, #2 Exhibit 2 Certificate of Service, #3 Civil Cover Sheet)(Sanders, Christopher) Modified on 4/29/2022 (mar). |
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