Marcella et al v. Huntington Ingalls Incorporated et al
| Norma Marcella, Scott Marcella, Troy Marcella and Toni Hebert |
| Huntington Ingalls Incorporated, Pennsylvania General Insurance Company, Hopeman Brothers, Inc., Liberty Mutual Insurance Company (as insurer of Wayne Manufacturing Company), Eagle, Inc., International Paper Company, Union Carbide Corporation, Taylor Seidenbach, Inc., Asbestos Corporation, Ltd., 3M Company, Metropolitan Life Insurance Company, Northrup Grumman Shipbuilding, Inc., Northrup Grumman Ship Systems, Inc., Avondale Industries, Inc., Avondale Shipyards, Inc., Avondale Marine Ways, Inc., Eagle Asbestos & Packing Co., Inc., Liberty Mutual Insurance Company and Pennsylvania Insurance Company |
| Manville Personal Injury Settlement Trust, Uniroyal Inc., General Electric Company, Foster Wheeler LLC, Paramount Global and Bayer CropScience, Inc. |
| 2:2024cv00780 |
| March 27, 2024 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| Karen Wells Roby |
| 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 3, 2024. A more recent docket listing may be available from PACER.
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Filing 52
RESPONSE/MEMORANDUM in Opposition filed by Huntington Ingalls Incorporated re #25 MOTION to Remand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D1, #5 Exhibit D2, #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)(ko)
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Filing 51
ORDER granting #50 Motion for Leave to File Excess Pages re Memorandum in Opposition to Motion to Remand. Signed by Judge Barry W Ashe on 05/23/2024. (ko)
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Filing 50
EXPARTE/CONSENT MOTION for Leave to File Excess Pages to its Opposition to Motion to Remand by Huntington Ingalls Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D - Part 1, #8 Exhibit D - Part 2, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P, #21 Exhibit Q, #22 Exhibit R, #23 Exhibit S, #24 Exhibit T, #25 Exhibit U, #26 Exhibit V, #27 Exhibit W)(Melancon, David)
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Filing 49
RESPONSE/MEMORANDUM in Opposition filed by Hopeman Brothers, Inc., Liberty Mutual Insurance Company re #25 MOTION to Remand . (Attachments: #1 Exhibit A- HB vessel list, #2 Exhibit B-USCG Cutter Specs (1of3), #3 Exhibit B-USCG Cutter Specs (2of3), #4 Exhibit B-USCG Cutter Specs (3of3), #5 Exhibit C-C.Johnson 10-30-95 (Abadie), #6 Exhibit D-C. Herfel Affidavit 5-29-20 (Landreaux), #7 Exhibit E-F.Albert 8-13-96 (Anderson-Gauthe), #8 Exhibit F-B.Hopeman 11-16-20 (Jackson), #9 Exhibit G-P. Murray 12-6-06 (Murray), #10 Exhibit H-E. Blanchard Affidavit 6-30-05, #11 Exhibit I-P.Territo 7-30-04 (Breaux), #12 Exhibit J-J. Delaney 4-22-21 (Gooding), #13 Exhibit K-D. Joyce Affidavit 5/2019, #14 Exhibit L-46 CFR 1A Subpart 2.75-1, #15 Exhibit M-46 CFR 1A Subpart 164.008, #16 Exhibit N-46 CFR 1A Subpart 164.009-2, #17 Exhibit O-Lash Specs (1of4), #18 Exhibit O-Lash Specs (2of4), #19 Exhibit O-Lash Specs (3of4), #20 Exhibit O-Lash Specs (4of4), #21 Exhibit P-J. Delaney 2-10-21 (Jackson), #22 Exhibit Q-R. Lemen 1-10-14 (Poche))(Ankersen, Brittney)
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Filing 48
SUMMONS Returned Executed; Uniroyal Inc. served on 5/15/2024, answer due 6/5/2024. (Melancon, David) Modified text on 5/21/2024 (pp).
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Filing 47
SUMMONS Returned Executed; Manville Personal Injury Settlement Trust served on 5/16/2024, answer due 6/6/2024. (Melancon, David)
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Filing 46
SUMMONS Returned Executed; Bayer CropScience, Inc. served on 5/11/2024, answer due 6/3/2024. (Melancon, David)
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Filing 45
Summons Issued as to Manville Personal Injury Settlement Trust. (clc)
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Filing 44
ANSWER to #9 Crossclaim of Huntington Ingalls Incorporated by Taylor Seidenbach, Inc. (Lightfoot, Christopher) Modified text on 5/15/2024 (clc).
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Filing 43
ANSWER to #9 Crossclaim by International Paper Company. (Breeden, Autumn) Modified text on 5/15/2024 (clc).
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Filing 42
SUMMONS Returned Executed; Paramount Global served on 5/13/2024, answer due 6/3/2024. (Melancon, David) Modified on 5/14/2024 (clc).
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Filing 41
SUMMONS Returned Executed; Foster Wheeler LLC served on 5/8/2024, answer due 5/29/2024. (Melancon, David)
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Filing 40
SUMMONS Returned Executed; General Electric Company served on 5/8/2024, answer due 5/29/2024. (Melancon, David)
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Filing 39
SUMMONS Returned Executed; Asbestos Corporation, Ltd. served on 5/13/2024, answer due 6/3/2024. (Melancon, David)
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Filing 38
Correction of Docket Entry by Clerk re #37 Answer to Complaint - Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 2. (gla)
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Filing 37
ANSWER to #2 Complaint Answer to Petition for Damages by Taylor Seidenbach, Inc. (Lightfoot, Christopher) Modified on 5/13/2024 (gla).
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Filing 36
Request of Summons Issued as to Manville Personal Injury Settlement Trust filed by Hopeman Brothers, Inc. re #35 Answer to Crossclaim,,,. (Bell, Troy)
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Filing 35
ANSWER to #9 Crossclaim,, of Huntington Ingalls Incorporated, and CROSSCLAIM against Manville Personal Injury Settlement Trust by Hopeman Brothers, Inc. Attorney Troy Nathan Bell added to party Hopeman Brothers, Inc.(pty:crd).(Bell, Troy) Modified text on 5/14/2024 (clc).
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Filing 34
ORDER re #22 Request/Statement of Oral Argument on #25 MOTION to Remand: The Court declines to schedule oral argument at this time. If the Court later finds that oral argument would be helpful, counsel will be notified. Signed by Judge Barry W Ashe on 5/6/2024.(blg)
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Filing 33
ORDER granting #32 Motion to Enroll as Additional Counsel of Record for Attorney David Wayne O'Quinn for Huntington Ingalls Incorporated. Signed by Judge Barry W Ashe on 5/6/2024. (blg)
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Filing 32
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record David W. O'Quinn by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)(Melancon, David)
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Filing 31
Statement of Corporate Disclosure by Eagle, Inc. (Redfearn, Douglas)
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Filing 30
ANSWER to #9 Third Party Complaint, Crossclaim, by Eagle, Inc. (Redfearn, Douglas) Modified on 5/2/2024 (gla).
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Filing 29
Statement of Corporate Disclosure by Hopeman Brothers, Inc. (Bell, Troy)
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Filing 28
ANSWER to #2 Notice of Removal, by Hopeman Brothers, Inc. Attorney Troy Nathan Bell added to party Hopeman Brothers, Inc. (pty:dft). (Bell, Troy) Modified on 5/2/2024 (gla).
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Filing 27
Third-Party Summons Issued as to Bayer CropScience, Inc., Foster Wheeler LLC, General Electric Company, Manville Personal Injury Settlement Trust, Paramount Global, Uniroyal Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(clc)
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Filing 26
Summons Issued as to Asbestos Corporation, Ltd., Hopeman Brothers, Inc. (Attachments: #1 Summons)(clc)
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Filing 25
MOTION to Remand by All Plaintiffs. Motion(s) will be submitted on 5/30/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #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)(clc)
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Filing 24
ORDER granting #20 Motion for Leave to exceed page limits on their motion to remand. Signed by Judge Barry W Ashe on 4/29/2024. (clc)
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Filing 23
Correction of Docket Entry by Clerk re #21 MOTION to Remand to State Court . **Document marked as filed in error. Document should have been filed as an attachment to record doc. 20.** (am)
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Filing 22
Request/Statement of Oral Argument by All Plaintiffs regarding #21 MOTION to Remand to State Court (Cannella, David)
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Filing 21
**FILED IN ERROR - SEE REC. DOC. 20** MOTION to Remand to State Court by Toni Hebert, Norma Marcella, Scott Marcella, Troy Marcella. Motion(s) will be submitted on 5/30/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order, #13 Notice of Submission)(Cannella, David) Modified on 4/29/2024 (am).
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Filing 20
EXPARTE/CONSENT MOTION for Leave to File Plaintiffs' Ex Parte Motion for Leave to Exceed Page Limits on Plaintiffs' Memorandum in Support of Plaintiffs' Motion to Remand by Toni Hebert, Norma Marcella, Scott Marcella, Troy Marcella. (Attachments: #1 Proposed Order)(Cannella, David) (Additional attachment(s) added on 4/29/2024: #2 Proposed Pleading, #3 Proposed Pleading Memo in support, #4 Proposed Pleading ExA, #5 Proposed Pleading Ex B, #6 Proposed Pleading Ex. C, #7 Proposed Pleading Ex D, #8 Proposed Pleading Ex E, #9 Proposed Pleading Ex F, #10 Proposed Pleading Ex G, #11 Proposed Pleading Ex, #12 Proposed Pleadin Ex I, #13 Proposed Pleading Ex J, #14 Proposed Order, #15 Notice of Submission (Civil Only)) (am).
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Filing 19
Statement of Corporate Disclosure by Taylor Seidenbach, Inc. (Lightfoot, Christopher)
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Filing 18
ANSWER to #9 Answer to Complaint - Notice of Removal, Third Party Complaint, Crossclaim, by Metropolitan Life Insurance Company.(Roquemore, Patrick) Modified on 4/30/2024 (clc).
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Filing 17
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on Metropolitan Life Insurance Through its counsel of record, Jay Jakenak Jr. on 4/23/24. (Attachments: #1 Exhibit A)(Melancon, David)
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Filing 16
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on Union Carbide Corporation Through McGready Richeson on 4/23/24. (Attachments: #1 Exhibit A)(Melancon, David)
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Filing 15
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on Taylor Seidnebach, Inc. Through Christopher Kelly Lightfoot on 4/23/24. (Attachments: #1 Exhibit A)(Melancon, David)
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Filing 14
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on Metropolitan Life Insurance Through its counsel of record, Jay Jay Jakenak Jr. on 4/23/24. (Melancon, David)
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Filing 13
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on Liberty Mutual Insurance Company Through its counsel of record, Kaye N. Courington on 4/23/24. (Attachments: #1 Exhibit A)(Melancon, David)
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Filing 12
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on International Paper Company through its counsel of record, Walter Watkins on 4/23/24. (Attachments: #1 Errata A)(Melancon, David)
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Filing 11
AFFIDAVIT of Service by Jason Serio of Huntington Ingalls Incorporated's Answer, Affirmative Defenses, Cross Claims, Third-Party Complaint, and Jury Demand served on Eagle Inc. Through Susan Kohn on 4/23/24. (Attachments: #1 Exhibit A)(Melancon, David)
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Filing 10
Request of Summons Issued as to Asbestos Corporation, Ltd., Bayer CropScience, Inc., Foster Wheeler LLC, General Electric Company, Hopeman Brothers, Inc., Paramount Global, The Manville Personal Injury Settlement Trust, Uniroyal Inc. filed by Huntington Ingalls Incorporated re #9 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)(Melancon, David)
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Filing 9
ANSWER to #2 Notice of Removal, with Jury Demand , THIRD PARTY COMPLAINT with Jury Demand against The Manville Personal Injury Settlement Trust, Uniroyal Inc., General Electric Company, Foster Wheeler LLC, Paramount Global, Bayer CropScience, Inc., CROSSCLAIM with Jury Demand against Asbestos Corporation, Ltd., Eagle, Inc., Hopeman Brothers, Inc., International Paper Company, Liberty Mutual Insurance Company, Metropolitan Life Insurance Company, Taylor Seidenbach, Inc., Union Carbide Corporation by Huntington Ingalls Incorporated.(Melancon, David)
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Filing 8
Statement of Corporate Disclosure by Huntington Ingalls Incorporated identifying Corporate Parent Huntington Ingalls Industries, Inc. for Huntington Ingalls Incorporated (Melancon, David)
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Filing 7
Notice of Compliance by Huntington Ingalls Incorporated re #2 Notice of Removal,. (Attachments: #1 Exhibit A)(Melancon, David)
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Filing 6
ANSWER to #2 Notice of Removal, to Plaintiffs' Petition for Damages by Liberty Mutual Insurance Company.Attorney Troy Nathan Bell added to party Liberty Mutual Insurance Company(pty:dft).(Bell, Troy)
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Filing 5
Statement of Corporate Disclosure by Metropolitan Life Insurance Company identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company (Jalenak, Jay) Modified on 4/4/2024 (gla).
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Filing 4
DIRECTIVE of the Clerk regarding compliance with 28:1447(b) re #2 Notice of Removal, filed by Huntington Ingalls Incorporated. (lb)
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Filing 3
Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Karen Wells Roby. (kls)
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Filing 2
NOTICE OF REMOVAL from Civil District Court, Parish of Orleans, case number 2024-01217 (Fee previously paid) filed by Huntington Ingalls Incorporated. (Attachments: #1 State Court Pleading, #2 Civil Cover Sheet)(Melancon, David) Modified text on 4/1/2024 (lb).
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Filing 1
**FILED IN ERROR, REFILED AT DOC. 2** NOTICE OF REMOVAL from Civil District Court, Parish of Orleans, case number 2024-01217 (Filing fee $ 405 receipt number ALAEDC-10461291) filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)Attorney David Michael Melancon added to party Huntington Ingalls Incorporated(pty:dft).(Melancon, David) Modified on 4/1/2024 (lb).
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