Legeaux et al v. Borg-Warner Corporation et al
| Legeaux, Susan Legeaux and Nolan Legeaux |
| Borg-Warner Corporation, Foster Wheeler LLC, Goulds Pumps, Incorporated, Gardner Denver, Inc., Zurn Industries, LLC, CBS Corporation, Ingersoll-Rand Company, Air & Liquid Systems Corporation, Riley Power, Inc., Union Carbide Corporation, Caterpillar Inc, Cleaver-Brooks Sales & Services, Inc., General Electric Company, Genuine Parts Company, Vigor Shipyards, Inc., Flowserve US Inc, CertainTeed Corporation Inc., Eagle, Inc., Western Oceanic Services, Inc., Vigor Industrial LLC, Puget Sound Commerce Center, Inc., Crane Company, Georgia-Pacific LLC, Foster Wheeler Energy Corporation, Todd Shipyards Corporation, Buffalo Pumps, Inc., DAP Products Inc., Warren Pumps, LLC, IMO Industries, Inc., J-M Manufacturing Company, Inc., Eagle Asbestos & Packing Company, Westinghouse Electric Corporation, Avondale Industries, Inc., Viacom, Inc., Eagle Packing & Equipment Co. and Northrop Grumman Ship Systems, Inc. |
| Johns-Manville, Tennessee Gas Pipeline Company, LLC, Claims Resolution Management Corporation, George Kellet & Sons Inc, Manville Personal Injury Settlement Trust, EPEC Oil Company, El Paso Energy E.S.T. Company, Shell Oil Company, Tenneco, Inc. and Tenneco Oil Company |
| Huntington Ingalls, Inc. and BorgWarner Morse TEC LLC |
| 2:2016cv13773 |
| August 11, 2016 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Lance M Africk |
| Nannette Jolivette Brown |
| Karen Wells Roby |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 147
ORDER DISMISSING CASE: IT IS HEREBY ORDERED that this action be and is hereby dismissed without costs and without prejudice to the right, upon good cause shown within sixty days, to reopen the action if settlement is not consummated. The Court retains jurisdiction to enforce the compromise agreed upon by the parties. IT IS FURTHER ORDERED that the parties be directed to file an appropriate order of dismissal as soon as the settlement documents are executed. If no motion to reopen is filed, the case is officially closed and the Clerk of Court shall be relieved of responsibility of sending out further notices in this matter. Signed by Judge Nannette Jolivette Brown on 6/27/2017.(jls)
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| Filing 146 Correction of Docket Entry by Clerk re #145 Notice. **Document contains incorrect Section. All future pleadings must reflect Section G, Judge Nannette Jolivette Brown.** (jls) |
| Filing 145 NOTICE of Settlement by All Remaining Defendants by Nolan Legeaux and Susan Legeaux . (Dunn, Alex) Modified text on 6/22/2017 (jls). |
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Filing 144
ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion for Voluntary Dismissal, With Prejudice, filed by plaintiffs, Nolan Legeaux and Susan Legeaux, is GRANTED, and that all of plaintiffs' claims in the captioned matter asserted against Huntington Ingalls Incorporated are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs, and reserving any and all rights against any other person, entity, or corporation, whether named or unnamed in this action. Signed by Judge Nannette Jolivette Brown on 5/12/2017. (mmv)
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| Filing 143 Correction of Docket Entry by Clerk re #142 MOTION for Voluntary Dismissal with Prejudice Huntington Ingalls . **Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (jls) |
| Filing 142 EXPARTE/CONSENT MOTION for Voluntary Dismissal with Prejudice Huntington Ingalls by Nolan Legeaux, Susan Legeaux. (Attachments: #1 Proposed Order Dismissing with Prejudice Huntington Ingalls)(Dunn, Alex) Modified text on 5/10/2017 (jls). |
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Filing 141
ORDER GRANTING #136 Motion for Dismissal Without Prejudice. All claims of plaintiffs, Nolan Legeaux and Susan Legeaux, as against General Electric, ONLY,be and the same are hereby dismissed, without prejudice, each party to bear its own respective costs and specifically reserving to the plaintiffs all rights to prosecute claims and/or actions against all other defendants, solidary obligors, and other persons and/or entities named or not named herein. Signed by Judge Nannette Jolivette Brown on 3/16/2017. (mmv)
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Filing 140
ORDER GRANTING #135 Motion for Dismissal Without Prejudice. All claims of plaintiffs, Nolan Legeaux and Susan Legeaux, as against Westinghouse, ONLY, by and the same are hereby dismissed, without prejudice, each party to bear its own respective costs and specifically reserving to the plaintiffs all rights to prosecute claims and/or actions against all other defendants, solidary obligors, and other persons and/or entities named or not named herein. Signed by Judge Nannette Jolivette Brown on 3/16/2017. (mmv)
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| Filing 139 REVISED SCHEDULING ORDER: Final Pretrial Conference set for 7/6/2017 3:00 PM before Judge Nannette Jolivette Brown. Jury Trial set for 7/24/2017 9:00 AM before Judge Nannette Jolivette Brown. Issued by Clerk for Judge Nannette Jolivette Brown. (Attachments: #1 Pretrial Notice Form, #2 Standing Order)(jrc) |
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Filing 138
ORDER REASSIGNING CASE. Case reassigned to Judge Nannette Jolivette Brown. Judge Susie Morgan no longer assigned to case. Signed by Judge Susie Morgan on 3/15/2017.(cg)
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| Filing 137 Correction of Docket Entry by Clerk re #135 MOTION to Dismiss Party , #136 MOTION to Dismiss Party ; Document contains incorrect Section. All future pleadings must reflect Section "E" Judge Susie Morgan. (cg) |
| Filing 136 EXPARTE/CONSENT MOTION to Dismiss Party by General Electric Company. (Attachments: #1 Proposed Order)(Brown, James) |
| Filing 135 EXPARTE/CONSENT MOTION to Dismiss Party by CBS Corporation. (Attachments: #1 Proposed Order)(Brown, James) |
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Filing 134
ORDER RE-ALLOTTING CASE. Case re-allotted to Judge Susie Morgan. Judge Jane Triche Milazzo no longer assigned to case. Signed by Judge Jane Triche Milazzo. (NEF: C. Nelson, Judge Morgan)(ecm)
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Filing 133
ORDER OF RECUSAL. Judge Lance M Africk recused. Case reassigned to Judge Jane Triche Milazzo. Signed by Judge Lance M Africk.(bwn)
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Filing 132
ORDER granting #130 Motion to Dismiss Cross Claims and #131 Motion to Dismiss Cross Claims. Signed by Judge Lance M Africk. (bwn)
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| Filing 131 EXPARTE/CONSENT MOTION to Dismiss Cross Claims by General Electric Company. (Attachments: #1 Proposed Order)(Brown, James) |
| Filing 130 EXPARTE/CONSENT MOTION to Dismiss Cross Claims by CBS Corporation. (Attachments: #1 Proposed Order)(Brown, James) |
| Filing 129 Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 3/9/2017. IT IS ORDERED that BorgWarner Morse TEC LLC shall file its unopposed motion to dismiss Johns-Manville by March 20, 2017. IT IS FURTHER ORDERED that by March 22, 2017 the plaintiffs shall file a motion to substitute the appropriate party in place of plaintiff Nolan Legeaux in light of Mr. Legeaux's unfortunate death. IT IS FURTHER ORDERED that the defendants shall reply in good faith to all outstanding settlement demands by March 22, 2017. IT IS FURTHER ORDERED that, the Court having received notice of their settlement with the plaintiffs, all of plaintiffs' claims against Georgia-Pacific LLC and Goulds Pumps, Incorporated in the above-captioned matter are DISMISSED WITHOUT PREJUDICE to the right, upon good cause shown, to reopen the action or to seek summary judgment enforcing the compromise if settlement is not consummated within a reasonable time. The Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties. (bwn) |
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Filing 128
ORDER - IT IS ORDERED that all of Huntington's claims in the above-captioned matter against Shell Oil Company, Tennessee Gas Pipeline Company, LLC, EPEC Oil Company, El Paso Energy E.S.T. Company, George Kellet & Sons Inc., and Manville Personal Injury Settlement Trust are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 3/8/2017.(bwn)
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Filing 127
ORDER - IT IS ORDERED that all of Huntington's cross claims in the above-captioned matter against Gardner Denver, Inc. are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 3/8/2017.(bwn)
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Filing 126
ORDER granting #125 Motion to Dismiss Cross-Claims. Signed by Judge Lance M Africk. (bwn)
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| Filing 125 EXPARTE/CONSENT MOTION to Dismiss Huntington Ingalls, Inc.'s Cross Claims by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc.. (Attachments: #1 Proposed Order)(Dore, Philip) |
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Filing 124
ORDER - IT IS ORDERED that all claims against Huntington Ingalls, Inc. in the above-captioned matter are DISMISSED WITHOUT PREJUDICE to the right, upon good cause shown, to reopen the action or to seek summary judgment enforcing the compromise if settlement is not consummated within a reasonable time. The Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties. Signed by Judge Lance M Africk.(bwn)
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| Filing 123 Correction of Docket Entry by Clerk re #122 Notice of Settlement - Notices of Settlement should either be emailed or faxed directly to chambers. In the future, please do so. No further action necessary. (bwn) |
| Filing 122 NOTICE of Settlement by Georgia-Pacific LLC. (Rossi, Alexandra) |
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Filing 121
ORDER granting #120 Motion to Dismiss; all of plaintiffs' claims against the Vigor Parties are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 2/15/2017. (blg)
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| Filing 120 EXPARTE/CONSENT Joint MOTION to Dismiss Puget Sound Commerce Center, Inc., Vigor Industrial, LLC, and Vigor Shipyards, Inc. by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc., Nolan Legeaux and Susan Legeaux (Attachments: #1 Proposed Order)(Dore, Philip) Modified on 2/15/2017 to edit filers (bwn). Modified on 2/15/2017 (blg). |
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Filing 119
ORDER AND REASONS granting #92 MOTION for Partial Dismissal; all of plaintiffs' claims against BorgWarner for pre-death loss of consortium, market share liability, enterprise liability, concert of action, punitive damages, and attorneys' fees are DISMISSED WITH PREJUDICE. Signed by Judge Lance M Africk on 2/8/2017.(blg)
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Filing 118
ORDER granting #115 Motion for Extension of Time to Answer re #105 Crossclaim, as to Puget Sound Commerce Center, Inc., Vigor Industrial LLC and Vigor Shipyards, Inc. answer due 3/2/2017. Signed by Judge Lance M Africk on 2/8/2017. (blg)
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| Filing 117 THIRD PARTY COMPLAINT against Johns-Manville filed by BorgWarner Morse TEC LLC. (Attachments: #1 Exhibit B, #2 Exhibit C)(ajn) |
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Filing 116
ORDER granting #107 Motion for Leave to File Third Party Complaint. Signed by Magistrate Judge Karen Wells Roby on 2/8/2017. (ajn)
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| Filing 115 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #105 Crossclaim by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc. (Attachments: #1 Proposed Order)(Dore, Philip) Modified on 2/8/2017 to edit docket text (bwn). |
| Filing 114 ANSWER to #105 Huntington Ingalls Incorporated's Cross-Claim, by CertainTeed Corporation Inc.(Franco, Jason) Modified text on 2/2/2017 (tm). |
| Filing 113 ANSWER to #105 Crossclaim, by Borg-Warner Morse TEC LLC.(Hays, Bradley) Modified text on 1/30/2017 (jls). |
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Filing 112
ORDER granting #101 Motion to Continue Status Conference. Status Conference rescheduled for 3/9/2017 at 9:00 AM before Judge Lance M Africk. IT IS FURTHER ORDERED that parties who have already submitted their status reports need not submit additional reports prior to the conference unless matters have materially changed with respect to that party. Parties who have yet to submit their status reports must do so five working days prior to the status conference. Signed by Judge Lance M Africk. (bwn)
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Filing 111
ORDER GRANTING #106 MOTION to Dismiss Gardner Denver, Inc. Without Prejudice. Signed by Judge Lance M Africk.(bwn)
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| Filing 110 Summons Issued as to EPEC Oil Company, El Paso Energy E.S.T. Company, George Kellet & Sons Inc, Manville Personal Injury Settlement Trust, Shell Oil Company, Tennessee Gas Pipeline Company, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(bwn) |
| Filing 109 Correction of Docket Entry by Clerk re #106 MOTION to Dismiss Without Prejudice - Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent motions are not set for submission. Clerk has removed submission date. (bwn) |
| Filing 108 STATUS REPORT by Borg-Warner Corporation, BorgWarner Morse TEC LLC (Senter, Meghan) |
| Filing 107 MOTION for Leave to File Third Party Complaint by Borg-Warner Corporation, BorgWarner Morse TEC LLC. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 2/8/2017. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Exhibit B, #4 Exhibit C, #5 Notice of Submission, #6 Proposed Order)(Hays, Bradley) Modified on 1/20/2017 to edit docket text (bwn). |
| Filing 106 EXPARTE/CONSENT Joint MOTION to Dismiss Without Prejudice by Gardner Denver, Inc., Nolan Legeaux and Susan Legeaux. (Attachments: #1 Proposed Order)(Matherne, James) Modified on 1/20/2017 to remove submission date and edit filers (bwn). |
| Filing 105 ANSWER to Complaint with Jury Demand , THIRD PARTY COMPLAINT with Jury Demand against Shell Oil Company, Tennessee Gas Pipeline Company, LLC, EPEC Oil Company, El Paso Energy E.S.T. Company, George Kellet & Sons, Inc., and Manville Personal Injury Settlement Trust, CROSSCLAIM with Jury Demand against All Defendants by Huntington Ingalls, Inc..(Shockey, Patrick) Modified on 1/20/2017 to edit docket text (bwn). |
| Filing 104 STATUS REPORT by General Electric Company (Brown, James) |
| Filing 103 STATUS REPORT by CBS Corporation (Brown, James) |
| Filing 102 STATUS REPORT by Georgia-Pacific LLC (Benoit, Allison) |
| Filing 101 EXPARTE/CONSENT MOTION to Continue Status Conference by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc.. (Attachments: #1 Proposed Order)(Seiler, Scott) |
| Filing 100 STATUS REPORT by Genuine Parts Company (Puente-Martin, Magali) |
| Filing 99 STATUS REPORT by CertainTeed Corporation Inc. (Franco, Jason) |
| Filing 98 STATUS REPORT by Union Carbide Corporation (Richeson, McGready) |
| Filing 97 STATUS REPORT by Huntington Ingalls, Inc. (Ellinghausen, Edwin) |
| Filing 96 Correction of Docket Entry by Clerk re #95 Pretrial Memorandum; Filing attorney selected incorrect event. Correct event is 'Status Report'. Clerk took corrective action by changing the event. Document contains incorrect Section. All future pleadings must reflect Section "I". Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (blg) |
| Filing 95 STATUS REPORT by All Plaintiffs. (Dunn, Alex) Modified on 1/17/2017 (blg). |
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Filing 94
ORDER: Status Conference RESET for 1/25/2017 10:00 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 1/13/2017.(blg)
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| Filing 93 STATUS REPORT by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc. (Dore, Philip) |
| Filing 92 MOTION for Partial Dismissal by BorgWarner Morse TEC LLC. Motion(s) will be submitted on 2/8/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Senter, Meghan) Modified on 1/13/2017 to edit docket text (bwn). |
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Filing 91
ORDER: Status Conference set for 1/19/2017 10:00 AM before Judge Lance M Africk. Counsel shall comply as stated herein. Signed by Judge Lance M Africk on 1/9/2017.(blg)
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Filing 90
ORDER granting #89 Motion to Enroll as Counsel of Record for Attorney Magali Ann Puente-Martin for Genuine Parts Company. Signed by Judge Lance M Africk. (bwn)
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| Filing 89 EXPARTE/CONSENT MOTION to Enroll as Additional Counsel of Record by Genuine Parts Company. (Attachments: #1 Proposed Order)(Brown, James) |
| Filing 88 ***DEFICIENT*** MOTION for Leave to File Third Party Demand by BorgWarner Morse TEC LLC. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 1/4/2017. (Attachments: #1 Proposed Pleading, #2 Proposed Order)Attorney Bradley Adam Hays added to party BorgWarner Morse TEC LLC(pty:dft).(Hays, Bradley) Modified on 1/5/2017 (bwn). |
| Filing 87 Correction of Docket Entry by Clerk re #86 Proposed Rule 26(f) Discovery Plan - Document has been stricken pursuant to Rule 5(d) of the FRCP. (bwn) |
| Filing 86 **STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** Proposed Rule 26(f) Discovery Plan by Genuine Parts Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Puente-Martin, Magali) Modified on 1/3/2017 (bwn). |
| Filing 85 Statement of Corporate Disclosure by General Electric Company (Brown, James) |
| Filing 84 Statement of Corporate Disclosure by Genuine Parts Company identifying Corporate Parent Genuine Parts Company for Genuine Parts Company (Puente-Martin, Magali) |
| Filing 83 Correction of Docket Entry by Clerk re #82 Statement of Corporate Disclosure - Document has been stricken pursuant to Rule 5(d) of the FRCP. (bwn) |
| Filing 82 **STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** Statement of Corporate Disclosure by BorgWarner Morse TEC LLC (Hays, Bradley) Modified on 12/28/2016 (bwn). |
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Filing 81
ORDER granting #76 Motion to Dismiss and that all of plaintiffs' claims in the above-captioned matter against defendant Flowserve Corporation are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 12/21/2016. (bwn)
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Filing 80
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 6/22/2017 02:00 PM before Magistrate Judge Karen Wells Roby. Counsel must immediately contact chambers with any conflicts. Signed by Magistrate Judge Karen Wells Roby on 12/21/16.(clc)
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Filing 79
ORDER AND REASONS: IT IS ORDERED #55 MOTION for Partial Dismissal is GRANTED and that all of plaintiffs' claims against Huntington for pre-death loss of consortium, market share liability, enterprise liability, concert of action, punitive damages, and attorneys' fees are DISMISSED WITH PREJUDICE. Signed by Judge Lance M Africk on 12/21/2016.(ajn)
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Filing 78
SCHEDULING ORDER: Status Conference set for 1/19/2017 10:00 AM before Judge Lance M Africk. All discovery must be completed by 5/22/2017. Final Pretrial Conference set for 7/6/2017 09:00 AM before Judge Lance M Africk. Jury Trial set for 7/24/2017 08:30 AM before Judge Lance M Africk. (Attachments: #1 Pretrial Notice Form) (NEF: Magistrate Judge)(blg)
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| Filing 77 Correction of Docket Entry by Clerk re #76 Joint MOTION to Dismiss without Prejudice - Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent motions are not set for submission. Clerk has removed submission date. (bwn) |
| Filing 76 EXPARTE/CONSENT Joint MOTION to Dismiss without Prejudice by Flowserve US Inc., Nolan Legeaux and Susan Legeaux. (Attachments: #1 Proposed Order)(Swetman, Glenn) Modified on 12/20/2016 to edit filers and remove submission date (bwn). |
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Filing 75
ORDER granting #73 Motion to Dismiss Party and #74 Motion to Dismiss Party. Party Air & Liquid Systems Corporation (Successor-by-Merger to Buffalo Pumps, Inc.) and Cleaver-Brooks Sales & Services, Inc. dismissed. Signed by Judge Lance M Africk. (bwn)
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| Filing 74 EXPARTE/CONSENT Joint MOTION to Dismiss Party Air & Liquid Systems Corporation, successor-by-merger to Buffalo Pumps, Inc. by Air & Liquid Systems Corporation, Nolan Legeaux, and Susan Legeaux. (Attachments: #1 Proposed Order)(Strain, Stacey) Modified on 12/12/2016 to edit filers (bwn). |
| Filing 73 EXPARTE/CONSENT MOTION to Dismiss Party Cleaver-Brooks Sales and Service, Inc. Without Prejudice by Cleaver-Brooks Sales & Services, Inc., Nolan Legeaux, and Susan Legeaux. (Attachments: #1 Proposed Order)(Barnes, Michael) Modified on 12/12/2016 to edit filers (bwn). (Attachment 1 replaced on 12/12/2016) (bwn). |
| Filing 72 NOTICE: Scheduling Conference set for 12/20/2016 10:00 AM before case manager by telephone. By Clerk. (blg) |
| Filing 71 Minute Entry for proceedings held before Judge Lance M Africk: Docket Call held on 12/8/2016. SATISFIED as to the defendants, Cleaver-Brooks Sales & Services, Inc., DAP Products Inc., General Electric Company, IMO Industries, Inc., J-M Manufacturing Company, Inc., Warren Pumps, LLC and Huntington Ingalls, Inc. ORDERED that the defendants, Eagle, Inc. and Ingersoll-Rand Company are DISMISSED WITHOUT PREJUDICE. (Court Reporter Lanie Smith.) (blg) |
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Filing 70
ORDER granting #68 Motion to Dismiss Party. Party J-M Manufacturing Company, Inc. dismissed without prejudice. Signed by Judge Lance M Africk on 12/8/2016. (blg)
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| Filing 69 Correction of Docket Entry by Clerk re #68 MOTION to Dismiss Party; Filing attorney did not select Nolan Legeaux and Susan Legeaux as a filers. Clerk added filers. Also, filing attorney selected incorrect event. Correct event is 'Motion to Dismiss Party'. Clerk took corrective action by changing the event. Also, the name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (blg) |
| Filing 68 EXPARTE/CONSENT MOTION to Dismiss Party J-M Manufacturing Company, Inc. by J-M Manufacturing Company, Inc., Nolan Legeaux and Susan Legeaux. (Attachments: #1 Proposed Order)(Moncla, Gayla) Modified on 12/7/2016 (blg). |
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Filing 67
ORDER granting #64 Motion to Dismiss and that all of plaintiffs' claims in the above-captioned matter against Caterpillar Inc. are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk. (bwn)
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| Filing 66 Response/Reply by J-M Manufacturing Company, Inc. to #54 Order, Set Hearings (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Moncla, Gayla) |
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Filing 65
ORDER granting #57 Motion to Dismiss Party, #58 Motion to Dismiss Party, #59 Motion to Dismiss Party, #60 Motion to Dismiss Party, #61 Motion to Dismiss Party, #62 Motion to Dismiss Party. Plaintiffs' claims in the above-captioned matter against defendants, Zurn Industries, LLC, Riley Power, Inc., DAP Products, Inc., IMO Industries, Inc., Warren Pumps LLC, and Crane Company are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 12/5/2016. (bwn)
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| Filing 64 EXPARTE/CONSENT Joint MOTION to Dismiss Without Prejudice by Caterpillar Inc, Nolan Legeaux and Susan Legeaux. (Attachments: #1 Proposed Order)(Emmett, Robert) Modified on 12/6/2016 to edit filers (bwn). |
| Filing 63 ANSWER to #1 Complaint by General Electric Company.(Brown, James) |
| Filing 62 EXPARTE/CONSENT Joint MOTION to Dismiss Party Crane Co. by Crane Company, Nolan Legeaux, and Susan Legeaux. (Attachments: #1 Proposed Order)(Campbell, Barry) Modified on 12/5/2016 to edit filers (bwn). |
| Filing 61 EXPARTE/CONSENT Joint MOTION to Dismiss Party Warren Pumps, LLC Without Prejudice by Warren Pumps, LLC., Nolan Legeaux and Susan Legeaux (Attachments: #1 Proposed Order)(Waters, Lori) Modified on 12/5/2016 to edit filers (bwn). |
| Filing 60 EXPARTE/CONSENT Joint MOTION to Dismiss Party IMO Industries, Inc. Without Prejudice by IMO Industries, Inc., Nolan Legeaux, and Susan Legeaux. (Attachments: #1 Proposed Order)(Waters, Lori) Modified on 12/5/2016 to edit filers (bwn). |
| Filing 59 EXPARTE/CONSENT Joint MOTION to Dismiss Party DAP, Inc. Without Prejudice by DAP Products Inc., Susan Legeaux, and Nolan Legeaux. (Attachments: #1 Proposed Order)(Waters, Lori) Modified on 12/5/2016 to edit filers (bwn). |
| Filing 58 EXPARTE/CONSENT Joint MOTION to Dismiss Party by Riley Power, Inc., Susan Legeaux, and Nolan Legeaux. (Attachments: #1 Proposed Order)(Franco, Jason) Modified on 12/2/2016 to edit filers (bwn). |
| Filing 57 EXPARTE/CONSENT Joint MOTION to Dismiss Party by Zurn Industries, LLC, Susan Legeaux, and Nolan Legeaux. (Attachments: #1 Proposed Order)(Franco, Jason) Modified on 12/2/2016 to edit filers (bwn). |
| Filing 56 Response by Cleaver-Brooks Sales & Services, Inc. to Court's Request for Status Report (Document 54) (Attachments: #1 Exhibit)(Barnes, Michael) Modified on 11/28/2016 to edit docket text (bwn). |
| Filing 55 MOTION to Dismiss Partial by Huntington Ingalls, Inc.. Motion(s) will be submitted on 12/14/2016. (Attachments: #1 Notice of Submission)(Shockey, Patrick) (Main Document 55 replaced on 11/17/2016) (bwn). (Additional attachment(s) added on 11/17/2016: #2 Memorandum in Support) (bwn). |
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Filing 54
ORDER: Docket Call set for 12/8/2016 09:00 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 11/15/2016.(blg)
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Filing 53
ORDER granting #52 Motion to Appear Pro Hac Vice as to Matthew Scott Dillahunty. Signed by Judge Lance M Africk on 11/7/2016. (bwn) (Additional attachment(s) added on 11/8/2016: #1 Pro Hac Notice) (bwn).
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| Filing 52 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Matthew Dillahunty (Fee previously paid) by Nolan Legeaux, Susan Legeaux. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Affidavit of Alex S. Dunn, Jr., #4 Affidavit of Matthew Dillahunty, #5 Electronic Case Filing Registration Form)(Dunn, Alex) Modified on 11/7/2016 to edit docket text (bwn). (Additional attachment(s) |
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Filing 51
ORDERED that all of plaintiffs' claims in this matter against Western Oceanic Services, Inc. are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 11/2/2016.(blg)
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| Filing 50 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Matthew Dillahunty (Filing fee $ 100 receipt number 053L-5783433) by Nolan Legeaux, Susan Legeaux. (Attachments: #1 Proposed Order Proposed Order regarding Pro Hac Vice for Matthew Dillahunty, #2 Affidavit Affidavit of Alex S. Dunn, Jr. regarding Pro Hac Vice of Matthew Dillahunty, #3 Affidavit Affidavit of Matthew Dillahunty regarding Pro Hac Vice, #4 Exhibit Certificate of Good Standing to be Filed with Pro Hac Vice for Matthew Dillahunty, #5 Supplement Electronic Case Filing System Attorney Registration Form)(Dunn, Alex) Modified on 11/1/2016 (clc). |
| Filing 49 Correction of Docket Entry by Clerk re #48 MOTION to Withdraw Randy L. Gori as Attorney for Plaintiffs **Motion to Withdraw will be marked as Filed in Error, per filing attorney a Motion to Enroll Pro Hac Vice will be filed on behalf of Matthew S. Dillahunty. Randy L. Gori and James C. Ferrell will no longer appear on pleadings.** (clc) |
| Filing 48 **FILED IN ERROR** EXPARTE/CONSENT MOTION to Withdraw Randy L. Gori as Attorney for Plaintiffs by Nolan Legeaux, Susan Legeaux. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Withdraw Randy L. Gori from Case)(Dunn, Alex) Modified on 10/31/2016 (clc). |
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Filing 47
ORDER granting #46 Motion to Enroll as Additional Counsel of Record. Signed by Judge Lance M Africk. (bwn)
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| Filing 46 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record as Additional Counsel by BorgWarner Morse TEC LLC. (Attachments: #1 Proposed Order)Attorney Jeanette Seraile-Riggins added to party BorgWarner Morse TEC LLC(pty:dft).(Seraile-Riggins, Jeanette) |
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Filing 45
ORDER AND REASONS re #40 Motion to Remand - IT IS ORDERED that the motion to remand is DENIED. IT IS FURTHER ORDERED that no later than October 31, 2016, plaintiffs shall file a brief with the Court indicating whether they oppose dismissing Western Oceanic Services, Inc. If they do oppose dismissing Western Oceanic, then plaintiffs shallciting appropriate case lawexplain (1) how it is permissible to maintain Western Oceanic as a defendant in spite of Del. Code tit. 8, 278, and (2) whether a trustee must be appointed to maintain Western Oceanic as a defendant. If plaintiffs oppose dismissal, the removing defendants shall file a response by November 4, 2016. After considering the parties arguments, the Court will determine whether Western Oceanic should be dismissed. Signed by Judge Lance M Africk. (bwn)
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Filing 44
ORDER AND REASONS denying #37 Motion for Leave to File First Supplemental and Amended Complaint. Signed by Magistrate Judge Karen Wells Roby on 10/14/16. (clc)
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| Filing 43 DEFICIENT: NOTICE of Appearance by Jeanette Seraile-Riggins on behalf of BorgWarner Morse TEC LLC. Attorney Jeanette Seraile-Riggins added to party BorgWarner Morse TEC LLC(pty:dft).(Seraile-Riggins, Jeanette) Modified on 9/30/2016 (blg). |
| Filing 42 RESPONSE/MEMORANDUM in Opposition filed by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc. re #40 MOTION to Remand . (Attachments: #1 Exhibit A - July 1, 2016 Citation, #2 Exhibit B - Delaware SOS Printout, #3 Exhibit C - Letter to Clerk of Court, #4 Exhibit D - Documents Served on CTC, #5 Exhibit E - Tracking Information, #6 Exhibit F - Certificate of Dissolution, #7 Exhibit G - Affidavit of Michael Marsh, #8 Exhibit H - Affidavit of Roger Horne, #9 Exhibit I - Affidavit of Samuel Forman)(Dore, Philip) |
| Filing 41 RESPONSE/MEMORANDUM in Opposition filed by Puget Sound Commerce Center, Inc., Todd Shipyards Corporation, Vigor Industrial LLC, Vigor Shipyards, Inc. re #37 MOTION for Leave to File First Supplemental and Amended Complaint . (Attachments: #1 Exhibit Dupard Deposition Excerpts)(Reagin, Patrick) |
| Filing 40 MOTION to Remand by Nolan Legeaux, Susan Legeaux. Motion(s) will be submitted on 10/5/2016. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Proposed Order, #11 Notice of Submission)(Dunn, Alex) |
| Filing 39 Consent to Removal by BorgWarner Morse TEC LLC. (Massenburg, Christopher) Modified on 9/12/2016 (blg). |
| Filing 38 Summons Submitted for Issuance (Dunn, Alex) |
| Filing 37 MOTION for Leave to File First Supplemental and Amended Complaint by Nolan Legeaux, Susan Legeaux. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 10/5/2016. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Proposed Order, #4 Certificate, #5 Notice of Submission)(Dunn, Alex) |
| Filing 36 Statement of Corporate Disclosure by BorgWarner Morse TEC LLC identifying Corporate Parent BorgWarner Inc. for BorgWarner Morse TEC LLC . (Massenburg, Christopher) Modified on 9/12/2016 (blg). |
| Filing 35 NOTICE of Appearance by Christopher O. Massenburg on behalf of BorgWarner Morse TEC LLC. (Massenburg, Christopher) Modified on 9/12/2016 (blg). |
| Filing 34 ANSWER to Complaint by BorgWarner Morse TEC LLC. Attorney Christopher O. Massenburg added to party Borg-Warner Corporation(pty:dft).(Massenburg, Christopher) Modified on 9/12/2016 (blg). |
| Filing 33 ANSWER to #1 Notice of Removal,, with Jury Demand by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc..(Dore, Philip) |
| Filing 32 DEMAND for Trial by Jury by Georgia-Pacific LLC (Rossi, Alexandra) |
| Filing 31 ANSWER to #1 Notice of Removal,, with Jury Demand by Georgia-Pacific LLC.(Rossi, Alexandra) |
| Filing 30 Statement of Corporate Disclosure by Union Carbide Corporation identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation (St. Julien, Milele) |
| Filing 29 ANSWER to #1 Notice of Removal,, by Union Carbide Corporation.(St. Julien, Milele) |
| Filing 28 Statement by Flowserve US Inc Corporate Disclosure (Swetman, Glenn) |
| Filing 27 ANSWER to Complaint with Jury Demand by Flowserve US Inc. (Attachments: #1 Jury Demand)(Swetman, Glenn) |
| Filing 26 Statement of Corporate Disclosure by CBS Corporation (Brown, James) |
| Filing 25 Statement of Corporate Disclosure by Caterpillar Inc (Murphy, Stephanie) |
| Filing 24 ANSWER to #1 Notice of Removal,, by Caterpillar Inc.(Murphy, Stephanie) |
| Filing 23 Statement of Corporate Disclosure by Zurn Industries, LLC identifying Corporate Parent Rexnord LLC for Zurn Industries, LLC . (Franco, Jason) Modified on 8/26/2016 (blg). |
| Filing 22 Notice of Compliance with LR 3.2 and 28 U.S.C. 1447(b) by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc. re #4 Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dore, Philip) |
| Filing 21 Statement of Corporate Disclosure by CertainTeed Corporation Inc. (Franco, Jason) |
| Filing 20 ANSWER to #1 Notice of Removal,, by CBS Corporation.(Brown, James) |
| Filing 19 Statement of Corporate Disclosure by Georgia-Pacific LLC (Rossi, Alexandra) |
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Filing 18
ORDER granting #10 , #13 and #15 Motion for Extension of Time to Answer as to Huntington Ingalls, Inc. answer due 9/8/2016; Georgia-Pacific LLC answer due 9/7/2016; J-M Manufacturing Company, Inc. answer due 9/7/2016. Signed by Judge Lance M Africk on 8/22/2016. (blg)
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| Filing 17 Statement of Corporate Disclosure by Air & Liquid Systems Corporation identifying Corporate Parent Ampco-Pittsburgh Corporation for Air & Liquid Systems Corporation (Strain, Stacey) |
| Filing 16 Statement of Corporate Disclosure by Cleaver-Brooks Sales & Services, Inc. identifying Corporate Parent Cleaver-Brooks, Inc. for Cleaver-Brooks Sales & Services, Inc. (Barnes, Michael) |
| Filing 15 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Huntington Ingalls, Inc.. (Attachments: #1 Proposed Order)(Ellinghausen, Edwin) |
| Filing 14 Statement of Corporate Disclosure by Huntington Ingalls, Inc. (Ellinghausen, Edwin) |
| Filing 13 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Georgia-Pacific LLC. (Attachments: #1 Proposed Order)(Rossi, Alexandra) |
| Filing 12 Statement of Corporate Disclosure by Riley Power, Inc. (Franco, Jason) |
| Filing 11 ANSWER to Complaint by Riley Power, Inc..Attorney Jason P. Franco added to party Riley Power, Inc.(pty:dft).(Franco, Jason) |
| Filing 10 EXPARTE/CONSENT MOTION for Extension of Time to Answer by J-M Manufacturing Company, Inc.. (Attachments: #1 Proposed Order)(Moncla, Gayla) |
| Filing 9 Statement of Corporate Disclosure by Crane Company (Campbell, Barry) |
| Filing 8 ANSWER to #1 Notice of Removal,, with Jury Demand by Crane Company.(Campbell, Barry) |
| Filing 7 ANSWER to Complaint by Gardner Denver, Inc..(Matherne, James) |
| Filing 6 Statement of Corporate Disclosure by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc. identifying Corporate Parent Puget Sound Commerce Center, Inc. for Vigor Shipyards, Inc.; Corporate Parent Miles Marine, Inc. for Puget Sound Commerce Center, Inc. (Dore, Philip) |
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Filing 5
ORDER granting #3 Motion for Extension of Time to Answer as to Puget Sound Commerce Center, Inc., Vigor Industrial LLC and Vigor Shipyards, Inc.; answer due 9/8/2016. Signed by Judge Lance M Africk on 8/12/2016. (blg)
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| Filing 4 Directive Pursuant to 28:1447(b) filed by Clerk. (blg) |
| Filing 3 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Puget Sound Commerce Center, Inc., Vigor Industrial LLC, Vigor Shipyards, Inc.. (Attachments: #1 Proposed Order)(Dore, Philip) |
| Filing 2 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Karen Wells Roby. (jeg) |
| Filing 1 NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2016-6048 (Filing fee $ 400 receipt number 053L-5634467) filed by Vigor Shipyards, Inc., Puget Sound Commerce Center, Inc., Vigor Industrial LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)Attorney Philip Dore added to party Puget Sound Commerce Center, Inc.(pty:dft), Attorney Philip Dore added to party Vigor Industrial LLC(pty:dft), Attorney Philip Dore added to party Vigor Shipyards, Inc.(pty:dft).(Dore, Philip) |
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