Gomez v. Lamons Gasket Company et al
| David Gomez |
| Lamons Gasket Company, Northrup Grumman Shipbuilding, Inc., Northrup Grumman Ship Systems, Inc., Avondale Marine Ways, Inc., Lamons Metal Gasket Company, Eagle Asbestos & Packing Co., Inc., Hopeman Brothers Inc, Taylor-Seidenbach, Inc., International Paper Company, Sentry Insurance Company, Metropolitan Life Insurance Company, 3M Company and Liberty Mutual Insurance Company |
| Huntington Ingalls Incorporated, Eagle, Inc., Avondale Industries, Inc, Avondale Shipyards, Inc and Union Carbide Corporation |
| The Manville Personal Injury Settlement Trust, Berkshire Hathaway Specialty Insurance Company, Paramount Global, Uniroyal, Inc., Bayer CropScience, Inc., First State Insurance Company, Pennsylvania General Insurance Company, General Electric Company and Foster Wheeler LLC |
| 2:2023cv02850 |
| July 27, 2023 |
| US District Court for the Eastern District of Louisiana |
| Michael North |
| Darrel James Papillion |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
| Both |
Docket Report
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| Filing 38 Request of Summons Issued as to Bayer CropScience, Inc., Berkshire Hathaway Specialty Insurance Company, First State Insurance Company, Foster Wheeler LLC, General Electric Company, International Paper Company, Lamons Gasket Company, Paramount Global, Pennsylvania General Insurance Company, Sentry Insurance Company, The Manville Personal Injury Settlement Trust, Uniroyal, Inc. filed by Huntington Ingalls Incorporated re #37 Answer to Complaint - Notice of Removal,,, Third Party Complaint,,, Crossclaim,,. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Melancon, David) |
| Filing 37 ANSWER to #1 Notice of Removal,, with Jury Demand , THIRD PARTY COMPLAINT with Jury Demand against The Manville Personal Injury Settlement Trust, Berkshire Hathaway Specialty Insurance Company, Paramount Global, Uniroyal, Inc., Bayer CropScience, Inc., First State Insurance Company, Pennsylvania General Insurance Company, General Electric Company, Foster Wheeler LLC, CROSSCLAIM with Jury Demand against Eagle, Inc., Hopeman Brothers Inc, International Paper Company, Lamons Gasket Company, Liberty Mutual Insurance Company, Sentry Insurance Company, Taylor-Seidenbach, Inc., Union Carbide Corporation by Huntington Ingalls Incorporated.(Melancon, David) |
| Filing 36 ANSWER to #3 Answer to Complaint - Notice of Removal, Crossclaim with Jury Demand by Huntington Ingalls Incorporated.(Melancon, David) |
| Filing 35 ANSWER to #1 Notice of Removal, by Lamons Gasket Company.Attorney Kenan S. Rand, Jr added to party Lamons Gasket Company(pty:dft).(Rand, Kenan) Modified text on 9/22/2023 (cwa). |
| Filing 34 EXPARTE/CONSENT MOTION for Leave to File and in Excess Pages of Sur-Reply by Hopeman Brothers Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading Sur-Reply in Response to Plaintiff's Rule 56 Motion Re: Certain Defendants' Government Immunity Defense (R. Doc. 33), #3 Exhibit 1-Expert Report of R. Hepburn)(Ankersen, Brittney) |
| Filing 33 REPLY to Response to Motion filed by David Gomez re #22 MOTION for Summary Judgment. (Attachments: #1 Exhibit R)(ko) |
Filing 32
ORDER granting #31 Motion for Leave to File Reply re rec. doc. 22. Signed by Judge Darrel James Papillion on 09/19/2023. (ko)
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| Filing 31 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to Defendants' Opposition to Plaintiff's Rule 56 Motion for Partial Summary Judgment regarding Defendants' Government Immunity Defenses re rec. doc. 22 by David Gomez. (Attachments: #1 Proposed Pleading Plaintiffs' Reply Memorandum, #2 Exhibit R, #3 Proposed Order)(Cannella, David) Modified on 9/19/2023 (ko). |
| Filing 30 NOTICE TO PRODUCE HARD COPY re #28 Response/Memorandum in Opposition to Motion, #27 Response/Memorandum in Opposition to Motion, #26 Response/Memorandum in Opposition to Motion, #25 Response/Memorandum in Opposition to Motion. (cwa) |
| Filing 29 EXPARTE/CONSENT MOTION for Leave to File Certain Exhibits Under Seal to its Opposition to Plaintiffs Rule 56 Motion for Partial Summary Judgment Regarding Defendants Government Immunity Defenses by Huntington Ingalls Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Melancon, David) |
| Filing 28 RESPONSE/MEMORANDUM in Opposition filed by Huntington Ingalls Incorporated re #22 MOTION for Summary Judgment . (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Melancon, David) |
| Filing 27 RESPONSE/MEMORANDUM in Opposition filed by Hopeman Brothers Inc, Liberty Mutual Insurance Company re #22 MOTION for Summary Judgment Rule 56 Motion Regarding Certain Defendants' Government Immunity Defense. (Attachments: #1 Statement, #2 Exhibit A- Lash specs 1of4, #3 Exhibit A- Lash specs 2of4, #4 Exhibit A- Lash specs 3of4, #5 Exhibit A- Lash specs 4of4, #6 Exhibit B- USCG Cutter specs 1of3, #7 Exhibit B- USCG Cutter specs 2of3, #8 Exhibit B- USCG Cutter specs 3of3, #9 Exhibit C- 46 CFR 1A, Subpart 2.75-1, #10 Exhibit D - 46 CFR 1A, Subpart 164.008, #11 Exhibit E- 46 CFR 1A, Subpart 164.009-2, #12 Exhibit F- TT of Charles N. Johnson, Jr. in In Re: Asbestos ((7-12-94), #13 Exhibit G- 1974 US Congressional Hrg Rpt, #14 Exhibit H- Depo of Bert Hopeman in Jackson (11-16-20), #15 Exhibit I- Depo of Patrick Murry (12-6-06), #16 Exhibit J - Depo of James Delaney (4-22-21, #17 Exhibit K - rpt of Commander Delaney, #18 Exhibit L- Federal spec. 545.2, #19 Exhibit M - OSHA Enforcement Directive Flyer, #20 Exhibit N- Lash Vessel Studies, #21 Exhibit O- Depo of Richard Lemen in Poche (1-10-14), #22 Exhibit P- Expert Rpt of Steven Lacey, #23 Exhibit Q- U.S. Senate Rpt, #24 Exhibit R- 7 FR Part 1064, 1942, #25 Exhibit S- Coast Guard Equip.1956, #26 Exhibit T-Coast Guar Equip. 1958, #27 Exhibit U- Leavitt in Abrams (6-15-93))(Ankersen, Brittney) |
| Filing 26 RESPONSE/MEMORANDUM in Opposition filed by Hopeman Brothers Inc, Liberty Mutual Insurance Company re #14 Emergency MOTION to Remand to State Court . (Attachments: #1 Exhibit A-1of3 - USCG Cutter Specs, #2 Exhibit A-2of3- USCG Cutter Specs, #3 Exhibit A-3of3- USCG Cutter Specs, #4 Exhibit B- TT Charles N. Johnson, Jr., D. Abaide (10-30-95), #5 Exhibit C- Aff of C. Herfel in Lanreaux (5-29-20), #6 Exhibit D- Depo of Felix Albert - Anderson/Gauthe (8-13-96), #7 Exhibit E- Depo of Hopeman Corp. Rep., Bert Hopeman in Jackson (11-16-20), #8 Exhibit F- Depo of Patrick Murray (12-6-06), #9 Exhibit G- Aff of Ed Blanchard (6-30-05), #10 Exhibit H- Depo of Peter Territo in Breaux (7-30-04), #11 Exhibit I- Depo of James Delaney (4-22-21), #12 Exhibit J- Lash specs 1of4, #13 Exhibit J- Lash specs 2of4, #14 Exhibit J- Lash specs 3of4, #15 Exhibit J- Lash specs 4of4, #16 Exhibit K- Aff of Danny Joce (May 2019), #17 Exhibit L- 46 CFR 1A, Subpart 2.75-1, #18 Exhibit M- 46 CFR 1A, Subpart 164.008, #19 Exhibit N- 46 CFR 1A, Subpart 164.009-2, #20 Exhibit O- Depo of Commander James Delaney (2-10-21), #21 Exhibit P- Depo of Richard Lemen in Poche (1-10-14))(Ankersen, Brittney) |
| Filing 25 RESPONSE/MEMORANDUM in Opposition filed by Huntington Ingalls Incorporated re #14 Emergency MOTION to Remand to State Court . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - PART 1, #5 Exhibit D - PART 2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X)(Melancon, David) |
| Filing 24 ANSWER to #1 Notice of Removal,, Answer to Petition for Damages by Union Carbide Coporation.Attorney Perrey S. Lee added to party Union Carbide Coporation(pty:dft).(Lee, Perrey) |
| Filing 23 NOTICE TO PRODUCE HARD COPY re #22 MOTION for Partial Summary Judgment. Because R. Doc. 22 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder as set forth herein. Issued for the Court by Clerk.(js) |
| Filing 22 MOTION for Partial Summary Judgment by David Gomez. Motion(s) will be submitted on 9/20/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Statement of Contested/Uncontested Facts, #20 Proposed Order, #21 Notice of Submission)(ko) |
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Filing 21
ORDER granting #19 Motion for Leave to Exceed Page Limits on Plaintiff's Memorandum in Support of Rule 56 Motion for Partial Summary Judgment Regarding Defendant's Government Immunity Defenses. Signed by Judge Darrel James Papillion on 08/31/2023. (ko)
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Filing 20
ORDER granting #18 Motion to Enroll as Counsel of Record for Attorney David Wayne O'Quinn for Huntington Ingalls Incorporated. Signed by Judge Darrel James Papillion on 08/31/2023. (ko)
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| Filing 19 EXPARTE/CONSENT MOTION for Leave to File Plaintiff's Ex Parte Motion for Leave to Exceed Page Limits on Plaintiff's Memorandum in Support of Rule 56 Motion for Partial Summary Judgment regarding Defendant's Government Immunity Defenses by David Gomez. (Attachments: #1 Proposed Order, #2 Proposed Pleading Motion for Partial Summary Judgment, #3 Proposed Pleading Memorandum in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Proposed Pleading Statement of Undisputed Facts, #22 Proposed Order Proposed Order, #23 Notice of Submission)(Cannella, David) |
| Filing 18 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)(Melancon, David) |
| Filing 17 NOTICE re #15 Request/Statement of Oral Argument filed by David Gomez. Notwithstanding Local Rule 78.1, this Court will issue an order setting oral argument for a specific date and time if the Court grants the request. Counsel should not appear for oral argument until ordered to do so. Issued for the Court by Clerk.(ko) |
| Filing 16 Correction of Docket Entry by Clerk re #14 Emergency MOTION to Remand to State Court: Filing attorney incorrectly changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the district judge. Clerk took corrective action. (ko) |
| Filing 15 Request/Statement of Oral Argument by David Gomez regarding #14 Emergency MOTION to Remand to State Court (Cannella, David) |
| Filing 14 Emergency MOTION to Remand to State Court by David Gomez. Motion(s) will be submitted on 9/20/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order, #5 Notice of Submission)(Cannella, David) Modified on 8/29/2023 (ko). |
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Filing 13
ORDER granting #11 Motion for Extension of Time to Answer re #3 Crossclaim as to Huntington Ingalls Incorporated answer due 9/22/2023. Signed by Judge Darrel James Papillion on 08/28/2023. (ko)
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Filing 12
ORDER granting #10 Motion for Joinder. Signed by Judge Darrel James Papillion on 08/28/2023. (ko)
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| Filing 11 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #3 Answer to Complaint - Notice of Removal, Crossclaim by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:crd).(Melancon, David) |
| Filing 10 EXPARTE/CONSENT MOTION for Joinder in Notice of Removal by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order, #2 Exhibit A)Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:dft).(Melancon, David) |
| Filing 9 ANSWER to #1 Notice of Removal,, Answer to Petition for Damages by Taylor-Seidenbach, Inc..(Lightfoot, Christopher) |
| Filing 8 Statement of Corporate Disclosure by Taylor-Seidenbach, Inc. (Lightfoot, Christopher) |
| Filing 7 Statement of Corporate Disclosure by Hopeman Brothers Inc (Ankersen, Brittney) |
| Filing 6 Notice of Compliance by Hopeman Brothers Inc. (Attachments: #1 Exhibit A-State Court Record)(Ankersen, Brittney) |
| Filing 5 Summons Issued as to Huntington Ingalls Incorporated. (ko) |
| Filing 4 Request of Summons Issued as to Huntington Ingalls Incorporated filed by Hopeman Brothers Inc re #3 Answer to Complaint - Notice of Removal, Crossclaim. (Ankersen, Brittney) |
| Filing 3 ANSWER to #1 Notice of Removal,, Plaintiff's Original Petition for Damages, CROSSCLAIM against Huntington Ingalls Incorporated by Hopeman Brothers Inc.(Ankersen, Brittney) |
| Filing 2 Initial Case Assignment to Judge Darrel James Papillion and Magistrate Judge Michael North. (kls) |
| Filing 1 NOTICE OF REMOVAL with jury demand from Civil District Court for Orleans Parish, case number 2023-4979 (Filing fee $ 402 receipt number BLAEDC-10051829) filed by Hopeman Brothers Inc. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings State Court Record, #3 Exhibit A-Petition, #4 Exhibit B-Lykes Specs, #5 Exhibit C-LASH subcontract, #6 Exhibit D-USCG Cutter Specs)Attorney Brittney Bullock Ankersen added to party Hopeman Brothers Inc(pty:dft).(Ankersen, Brittney) |
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