Jones et al v. Caterpillar, Inc. et al
| Billy Keith Jones, Martin Jones, Barbara Lee and Kimberly Jones |
| CNH Industrial America, LLC, Anco Insulations, Inc., The McCarty Corporation, Industrial Holdings Corporation, Morse Tec, LLC, The J. Grave Insulation Company, General Electric Company, Honeywell International Inc., The J. R. Clarkson Company, Mack Trucks, Inc., Taylor-Seidenbach, Inc., Navistar, Inc., John Crane, Inc., Grinnell, LLC, International Paper Company, Metropolitan Life Insurance Company, Cummins, Inc., Pneumo Abex Corporation, Paccar, Inc., Caterpillar, Inc., DCO, LLC, The Dow Chemical Company, Union Carbide Corporation, CBS Corporation, Lamons Gasket Company, Crown, Cork & Seal Company, Inc. and Manville Personal Injury Settlement Trust |
| Claims Resolution Management Corporation |
| 3:2020cv00351 |
| June 10, 2020 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Richard L Bourgeois |
| Shelly D Dick |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
Docket Report
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Filing 215
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order. Signed by Chief Judge Shelly D. Dick on 7/8/2019. (SWE)
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Filing 214
ORDER granting #213 Motion for Voluntary Dismissal. All claims against all remaining defendants are dismissed, without Prejudice. Signed by Chief Judge Shelly D. Dick on 8/19/2022. (SWE) (Main Document 214 replaced on 8/19/2022 to remove extra pages) (SWE).
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| Filing 213 MOTION for Voluntary Dismissal by All Plaintiffs (Attachments: #1 Exhibit Proposed Order)(Wilke, Tyler) Modified on 8/18/2022 to edit text. (EDC). |
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Filing 212
ORDER: By the close of business on 8/24/2022, the parties shall file a Joint Status Report advising the Court what claims and parties remain in this case and estimated time necessary for trial. Signed by Chief Judge Shelly D. Dick on 8/17/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SWE)
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Filing 211
ORDER granting #208 Motion for Voluntary Dismissal filed on behalf of plaintiff Billy Keith Jones, individually and on behalf of the late Billy Wayne Jones. Plaintiff's claims against all remaining defendants are hereby dismissed without prejudice ant at each party's own cost. Signed by Chief Judge Shelly D. Dick on 3/30/2022. (SWE)
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| Filing 210 RULING granting #202 Motion for Summary Judgment. Any response to this Ruling, which should explain the Plaintiffs' failure to comply with the Court's deadlines, based on the appropriate Federal Rule of Civil Procedure, shall be filed within fourteen (14) days and must be accompanied by an opposition memorandum to the original Motion. Signed by Chief Judge Shelly D. Dick on 3/29/2022. (EDC) |
| Filing 209 RULING granting #201 Motion for Summary Judgment. Any response to this Ruling, which should explain the Plaintiffs' failure to comply with the Court's deadlines, based on the appropriate Federal Rule of Civil Procedure, shall be filed within fourteen (14) days and must be accompanied by an opposition memorandum to the original Motion. Signed by Chief Judge Shelly D. Dick on 3/29/2022. (EDC) |
| Filing 208 NOTICE of Voluntary Dismissal by Claims Resolution Management Corporation, Honeywell International Inc., John Crane, Inc., Lamons Gasket Company, Barbara Lee, Manville Personal Injury Settlement Trust (Attachments: #1 Proposed Pleading; Proposed Dismissal Order)(Wilke, Tyler) Modified on 3/29/2022 to correct event type. (EDC). |
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Filing 207
ORDER granting #206 Joint MOTION to Dismiss Without Prejudice. All claims of Plaintiffs against International Paper be and are hereby dismissed, without prejudice, reserving to Plaintiffs all rights agains t other parties, named or unnamed, each party to bear its own costs. Signed by Chief Judge Shelly D. Dick on 2/24/2022. (LLH)
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| Filing 206 Joint MOTION to Dismiss Without Prejudice by International Paper Company. (Attachments: #1 Proposed Pleading;)(Arthur, Mary) |
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Filing 205
ORDER granting #204 Motion to Dismiss claims of Plaintiff, Billy Keith Jones, individually and on behalf of the late Billy Wayne Jones, against Defendant, Crown Cork & Seal, Company, Inc. without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiff all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors, and other persons and/or entities. Signed by Chief Judge Shelly D. Dick on 2/23/2022. (SWE)
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| Filing 204 MOTION to Dismiss by Crown, Cork & Seal Company, Inc.. (Attachments: #1 Proposed Order)(Bourgeois, Peter) |
| Filing 203 MOTION for Summary Judgment by International Paper Company. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts)(Arthur, Mary) |
| Filing 202 MOTION for Summary Judgment by Crown, Cork & Seal Company, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Statement of Undisputed Facts, #5 Notice of Submission)(Bourgeois, Peter) |
| Filing 201 MOTION for Summary Judgment by Union Carbide Corporation. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Foundas, Ernest) |
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Filing 200
ORDER granting #198 Motion to Dismiss Industrial Holdings Corporation f/k/a The Carborundum Company without prejudice. Signed by Chief Judge Shelly D. Dick on 11/09/2021. (NLT)
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Filing 199
ORDER granting #197 Motion to Dismiss Navistar, Inc., improperly named as Navistar, Inc. f/k/a International Truck and Engine Corporation, only, without prejudice. Signed by Chief Judge Shelly D. Dick on 11/08/2021. (NLT)
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| Filing 198 Joint MOTION to Dismiss Without Prejudice by Industrial Holdings Corporation. (Attachments: #1 Proposed Order)(Napolitano, Shelley) |
| Filing 197 Joint MOTION to Dismiss Without Prejudice by Navistar, Inc.. (Attachments: #1 Proposed Pleading; Order)(Baxter, Kay) |
| Filing 196 ANSWER to #147 Amended Complaint by Union Carbide Corporation.(Foundas, Ernest) |
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Filing 195
ORDER granting #194 Motion to Dismiss. MackTrucks be and are hereby dismissed without prejudice and at each party's own cost, reserving to plaintiff all rights to proceed against other parties. Signed by Chief Judge Shelly D. Dick on 11/01/2021. (ELW)
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| Filing 194 Joint MOTION to Dismiss Plaintiff's Claims Against Mack Trucks, Inc. by Mack Trucks, Inc.. (Attachments: #1 Attachment ppd Order)(Hays, Bradley) |
| Filing 193 Witness List by Industrial Holdings Corporation. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Napolitano, Shelley) |
| Filing 192 Witness List by International Paper Company. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Arthur, Mary) |
| Filing 191 Witness List by Grinnell, LLC. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Semlinger, Lauren) |
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Filing 190
ORDER granting #189 Motion to Dismiss. The claims of Plaintiff Billy Keith Jones, Individually and on behalf of decedent Billy Wayne Jones, against Defendant, The J. Graves Insulation Company, Inc., only, are hereby dismissed, without prejudice. Signed by Chief Judge Shelly D. Dick on 10/28/2021. (NLT)
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| Filing 189 Joint MOTION to Dismiss by The J. Grave Insulation Company. (Attachments: #1 Proposed Order)(Wandell, Jade) |
| Filing 188 Witness List by Taylor-Seidenbach, Inc.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Lightfoot, Christopher) |
| Filing 187 Witness List by Union Carbide Corporation. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Foundas, Ernest) |
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Filing 186
ORDER granting #185 Joint MOTION to Dismiss Without Prejudice by Cummins, Inc. Signed by Chief Judge Shelly D. Dick on 10/26/2021. (DCB)
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| Filing 185 Joint MOTION to Dismiss Without Prejudice by Cummins, Inc.. (Attachments: #1 Proposed Pleading; Proposed Order)(Oser, Daniel) |
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Filing 184
ORDER granting #183 Motion to Dismiss Honeywell International Inc. without prejudice. Signed by Chief Judge Shelly D. Dick on 10/25/2021. (NLT)
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| Filing 183 Joint MOTION to Dismiss Without Prejudice by Plaintiffs and by Honeywell International Inc.. (Attachments: #1 Proposed Pleading; Order)(McMillan, Sarah) |
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Filing 182
ORDER granting #181 Motion to Dismiss Caterpillar Inc. without prejudice. Signed by Chief Judge Shelly D. Dick on 10/25/2021. (NLT)
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| Filing 181 MOTION to Dismiss Without Prejudice by Caterpillar, Inc.. (Attachments: #1 Proposed Pleading;)(Abbott, Charles) |
| Filing 180 Memorandum of Law Regarding Pleading and Jurisdictional Issues as Requested by the Court filed by All Plaintiffs. (Wilke, Tyler) Modified on 10/13/2021 to edit text (ELW). |
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Filing 179
ORDER denying #171 Motion to Amend the Pleadings. Billy Keith Jones, individually and on behalf of the late Billy Wayne Jones, shall file a brief by 10/12/2021, specifically addressing whether the First Amended Complaint is the operative pleading in this action and whether the addition of Kimberly Jones as a plaintiff requires remand of this action for lack of complete diversity. The remaining parties shall file briefs, on or before 10/26/2021. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 09/27/2021. (NLT)
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Filing 178
ORDER granting #173 Motion to Withdraw Attorney Amber L. Stewart as Attorney. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/14/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 177
ORDER granting #174 MOTION to Substitute Ex Parte Motion to Withdraw Counsel of Record (Rec. Doc. 173) filed by International Paper Company. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/14/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| MOTION(S) REFERRED: #174 MOTION to Substitute Ex Parte Motion to Withdraw Counsel of Record (Rec. Doc. 173) . This motion is now pending before the USMJ. (LLH) |
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Filing 176
ORDER granting #175 Motion to Dismiss. The claims of Plaintiffs, Billy Keith Jones, Martin Jones, Barbara Lee and Kimberly Jones, individually and on behalf of the late Billy Wayne Jones (Plaintiffs), against Defendant, The J.R. Clarkson Company LLC, successor to The Kunkle Valve Company, and successor to J.E. Lonergan Company (Clarkson), be dismissed without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiffs all rights to prosecute claims and/or actions against all other defendants, third parties, solidary obligors, and other persons and/or entities. Signed by Chief Judge Shelly D. Dick on 9/13/2021. (EDC)
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| Filing 175 Joint MOTION to Dismiss Without Prejudice by Plaintiffs, Billy Keith Jones, Martin Jones, Barbara Lee and Kimberly Jones, individually and on behalf of the late Billy Wayne Jones, and by The J. R. Clarkson Company. (Attachments: #1 Proposed Order)(Bowlin, Angela) |
| Filing 174 MOTION to Substitute Ex Parte Motion to Withdraw Counsel of Record (Rec. Doc. 173) by International Paper Company. (Attachments: #1 Proposed Pleading; Ex Parte Motion to Withdraw Amber L. Stewart as Counsel of Record, #2 Proposed Pleading; Order on Motion to Substitute)(Arthur, Mary) |
| MOTION(S) REFERRED: #173 Ex Parte MOTION for Amber L. Stewart to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW) |
| Filing 173 Ex Parte MOTION for Amber L. Stewart to Withdraw as Attorney by International Paper Company. (Attachments: #1 Proposed Pleading; on Ex Parte Motion to Withdraw Amber L. Stewart as Counsel of Record)(Arthur, Mary) |
| MOTION(S) REFERRED: #171 First MOTION to Amend Pleading. This motion is now pending before the USMJ. (ELW) |
| Filing 172 ANSWER to #147 Amended Complaint by Metropolitan Life Insurance Company.(Jalenak, Jay) |
| Filing 171 First MOTION to Amend Pleading by All Plaintiffs. (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Proposed Second Amended Complaint)(Wilke, Tyler) |
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Filing 170
ORDER granting #168 Motion for Partial Dismissal. The claims of Plaintiff, Billy Keith Jones, individually and on behalf of Decedent, Billy Wayne Jones against Defendant, General Electric Company, be dismissed without prejudice, and with each party to bear its own costs, specifically reserving to Plaintiff all rights to prosecute claims and/or actions against all other defendants, third parties,solidary obligors, and other persons and/or entities. Signed by Chief Judge Shelly D. Dick on 8/13/2021. (EDC)
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| Filing 169 ANSWER to #147 Amended Complaint by Navistar, Inc..(Baxter, Kay) |
| Filing 168 Joint MOTION to Dismiss without prejudice, by General Electric Company. (Attachments: #1 Prop Order)(McCoy, Lacey) Modified on 8/11/2021to edit text (ELW). |
| Filing 167 ANSWER to #147 Amended Complaint by International Paper Company.(Stewart, Amber) |
| Filing 166 ANSWER to #147 Amended Complaint by Mack Trucks, Inc..(Hays, Bradley) |
| Filing 165 ANSWER to #147 First Amended Complaint for Damages for Wrongful Death and Survival Action by The J. R. Clarkson Company.(Bowlin, Angela) Modified on 8/9/2021 to edit the text (NLT). |
| Filing 164 ANSWER to #147 Amended Complaint by Caterpillar, Inc..(Abbott, Charles) |
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Filing 163
PATHOLOGY ORDER Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/26/2021. (ELW)
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| Filing 162 ANSWER to #147 Amended Complaint and Affirmative Defenses by Honeywell International Inc..(McMillan, Sarah) |
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Filing 161
SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Discovery due by 11/12/2021. Plaintiff`s Expert Witness List due by 9/24/2021. Defendant`s Expert Witness List due by 10/29/2021. Plaintiff`s Expert Reports due by 11/2/2021. Defendant`s Expert Reports due by 12/10/2021. Discovery from Experts due by 1/14/2022. Motions shall be filed by 2/18/2022. Proposed Pretrial Order due by 8/30/2022. Pretrial Conference set for 9/13/2022 at 03:00 PM in chambers before Chief Judge Shelly D. Dick. Motions In Limine shall be filed by 9/9/2022. Affidavit of Settlement Efforts due by 8/22/2022. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 9/9/2022. Jury Trial set for 10/3/2022 through 10/7/2022 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Jury Trial set for 10/11/2022 through 10/14/2022 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Jury Trial set for 10/17/2022 through 10/21/2022 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Jury Trial set for 10/24/2022 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 07/26/2021. (ELW)
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Filing 160
ORDER granting #159 Unopposed MOTION for Entry of Pathology Order Regarding Billy Wayne Jones' Pathology Materials. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 07/26/2021. (ELW) Modified on 7/28/2021 to edit the text (NLT).
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| MOTION(S) REFERRED: #159 Unopposed MOTION for Entry of Pathology Order Regarding Billy Wayne Jones' Pathology Materials. This motion is now pending before the USMJ. (ELW) |
| Filing 159 Unopposed MOTION for Entry of Pathology Order Regarding Billy Wayne Jones' Pathology Materials by Honeywell International Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(McMillan, Sarah) Modified on 7/26/2021 to edit text (ELW). |
| Filing 158 Joint STATUS REPORT by All Plaintiffs and by All Defendants. (McMillan, Sarah) |
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Filing 157
ORDER granting #156 Motion to Dismiss Defendant, The McCarty Corporation. Signed by Chief Judge Shelly D. Dick on 07/21/2021. (ELW)
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| Filing 156 Joint MOTION to Dismiss Without Prejudice by The McCarty Corporation. (Attachments: #1 Proposed Pleading;)(Kinler, Douglas) Modified on 7/26/2021 to edit the text (NLT). |
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Filing 155
ORDER granting #154 Motion for Partial Dismissal, without prejudice, by Plaintiff Billy Keith Jones Individually and on behalf of the late Billy Wayne Jones, as to CBS Corporation. Signed by Chief Judge Shelly D. Dick on 7/21/2021. (LLH)
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| Filing 154 MOTION to Dismiss with Prejudice by CBS Corporation. (Attachments: #1 Proposed Order)(McCoy, Lacey) Modified on 7/21/2021 to edit text (ELW). |
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Filing 153
ORDER of DISMISSAL : The #152 Motion for Partial Dismissal is GRANTED all claims against Defendant, John Crane Inc., are hereby dismissed, without prejudice, with each party to bear its own costs. Signed by Chief Judge Shelly D. Dick on 07/20/2021. (ELW)
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| Filing 152 MOTION for Dismissal Without Prejudice by John Crane, Inc.. (Attachments: #1 Exhibit Proposed Order)(Hays, Bradley) Modified on 7/20/2021 to edit text (ELW). |
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Filing 151
ORDER granting #150 First MOTION to Substitute Plaintiff's First Amended Complaint for Damages for Wrongful Death and Survival Action filed by Billy Keith Jones, Kimberly Jones, Martin Jones, Barbara Lee. The Clerk's Office shall substitute the attached First Amended Complaint (R. Doc. 150-2) in place of the original First Amended Complaint (R. Doc. 147) incorrectly filed as a legal size document. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 150 First MOTION to Substitute Plaintiff's First #147 Amended Complaint for Damages for Wrongful Death and Survival Action by All Plaintiffs. (Attachments: #1 Proposed Pleading; Proposed Order to Substitute Plaintiff's First Amended Complaint, #2 Proposed Pleading; Proposed First Amended Complaint)(Wilke, Tyler) Modified on 7/15/2021 to create linkage (ELW). |
| MOTION(S) REFERRED: #150 First MOTION to Substitute Plaintiff's First Amended Complaint for Damages for Wrongful Death and Survival Action . This motion is now pending before the USMJ. (ELW) |
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Filing 149
ORDER granting #148 Motion to Dismiss Without Prejudice. All claims asserted herein by Plaintiffs against Lamons, only, be and the same are hereby dismissed without prejudice. Signed by Chief Judge Shelly D. Dick on 07/14/2021. (NLT)
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| Filing 148 MOTION to Dismiss Without Prejudice by Lamons Gasket Company. (Attachments: #1 Proposed Pleading; Order)(Rand, Kenan) |
| Filing 147 FIRST AMENDED COMPLAINT for Damages for Wrongful Death and Survival Action against All Defendants, filed by Billy Keith Jones.(Wilke, Tyler) Modified on 7/19/2021 to replace document as per Order #151 (LLH). |
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Filing 146
ORDER granting #144 Motion to Dismiss Morse TEC LLC f/k/a BorgWarner MorseTEC LLC, and Successor-by-Merger to Borg-Warner Corporation,without prejudice, with each party to bear its own costs. Signed by Chief Judge Shelly D. Dick on 06/29/2021. (NLT)
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Filing 145
ORDER granting #143 Motion to Continue Trial Date and Extend Current Scheduling Order Deadlines. The deadline to amend pleadings is due by 7/16/2021. Joint Status Report due by 7/23/2021. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/28/2021. (EDC)
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| Filing 144 MOTION to Dismiss Without Prejudice by Morse Tec, LLC. (Attachments: #1 Attachment)(Hays, Bradley) |
| MOTION(S) REFERRED: #143 Uncontested MOTION to Continue Trial Date and Extend Current Scheduling Order Deadlines. This motion is now pending before the USMJ. (SWE) |
| Filing 143 Uncontested MOTION to Continue Trial Date and Extend Current Scheduling Order Deadlines by All Plaintiffs. (Attachments: #1 Proposed Pleading; Proposed Order)(Wilke, Tyler) Modified on 6/7/2021 to edit the docket text (SWE). |
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Filing 142
ORDER granting #141 Motion to Dismiss. The McCarty Corporation, only, are hereby dismissed without prejudice, with each party to bear their own costs, and specifically reserving to Plaintiffs all rights, claims, and causes of action which they may have against all other parties, defendants, and obligors whether named or unnamed in this litigation. Signed by Chief Judge Shelly D. Dick on 06/02/2021. (ELW)
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| Filing 141 Joint MOTION to Dismiss Without Prejudice by The McCarty Corporation. (Attachments: #1 proposed order)(Kinler, Douglas) |
| Filing 140 Witness List by Morse Tec, LLC. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Hays, Bradley) |
| Filing 139 Witness List by Industrial Holdings Corporation. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Napolitano, Shelley) |
| Filing 138 Witness List by Cummins, Inc.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Oser, Daniel) |
| Filing 137 Witness List by International Paper Company. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Arthur, Mary) |
| Filing 136 Exhibit List by International Paper Company.. (Arthur, Mary) |
| Filing 135 Witness List by Mack Trucks, Inc.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Bourbon, Alexandra) |
| Filing 134 Exhibit List by The J. R. Clarkson Company.. (Attachments: #1 Attachment)(Bowlin, Angela) |
| Filing 133 Witness List by The J. R. Clarkson Company. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Bowlin, Angela) |
| Filing 132 Witness List by John Crane, Inc.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Corb, Natasha) |
| Filing 131 Exhibit List by John Crane, Inc... (Corb, Natasha) |
| Filing 130 Witness List by Navistar, Inc.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Baxter, Kay) |
| Filing 129 Witness List by Grinnell, LLC. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Semlinger, Lauren) |
| Filing 128 Exhibit List by Taylor-Seidenbach, Inc... (Lightfoot, Christopher) |
| Filing 127 Witness List by Taylor-Seidenbach, Inc.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Lightfoot, Christopher) |
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Filing 126
ORDER granting #123 Motion to Dismiss. All claims of Plaintiff,Billy Keith Jones, individually and on behalf of the late Billy Wayne Jones, against Defendant, DCo, LLC, only, in the above-captioned matter, be, and hereby are dismissed, without prejudice, with each party to bear its own costs, and, specifically reserving to Plaintiff, all rights to prosecute claims and/or actions against all defendants, solidary obligors, and other personsand/or entities named or not named herein. Signed by Chief Judge Shelly D. Dick on 5/25/2021. (EDC)
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Filing 125
ORDER granting #124 Motion to Dismiss. Plaintiffs claims against Anco Insulations, Inc., be and are hereby dismissed without prejudice. Signed by Chief Judge Shelly D. Dick on 5/24/2021. (KMW)
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| Filing 124 MOTION to Dismiss Plaintiff's Claims against Anco Insulations, Inc., by Anco Insulations, Inc.. (Attachments: #1 Proposed Pleading;)(Joffe, Margaret) |
| Filing 123 Joint MOTION to Dismiss DCo, LLC by DCO, LLC. (Attachments: #1 Proposed Pleading;)(Barlow, Amber) |
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Filing 122
ORDER granting in part #119 Joint Motion and Order to Withdraw and to Substitute Counsel and Firm of Record. Attorneys Kenan S. Rand, Jr. and Kay B. Baxter are substituted as counsel for Defendant Lamons Gasket Company replacing Scott H. Mason, Lauren B. Dietzen, and Meredith R. Durham. The motion is denied as to Jay R. Boltin and Zackary A. Paal as the Court's records indicate these attorneys are suspended for fees. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/12/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 121
ORDER granting #120 Motion to Amend Joint Motion and Order to Withdraw and to Substiute Counsel and Firm of Record. The Clerk's Office shall substitute R. Doc. 120-1 in place of R. Doc. 119. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/12/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: #120 MOTION to Amend #119 Joint MOTION for Scott H. Mason, Lauren B. Dietzen, and Meredith R. Durham to Withdraw as Attorney . This motion is now pending before the USMJ. (KMW) |
| Filing 120 MOTION to Amend #119 Joint MOTION for Scott H. Mason, Lauren B. Dietzen, and Meredith R. Durham to Withdraw as Attorney by Lamons Gasket Company. (Attachments: #1 Proposed Pleading;)(Rand, Kenan) |
| Filing 119 Joint MOTION for Scott H. Mason, Lauren B. Dietzen, and Meredith R. Durham to Withdraw as Attorney by Lamons Gasket Company. (Rand, Kenan) |
| MOTION(S) REFERRED: #119 Joint MOTION for Scott H. Mason, Lauren B. Dietzen, and Meredith R. Durham to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW) |
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Filing 118
ORDER granting #102 Motion to Dismiss. Plaintiff's claims against CNH be and are hereby dismissed without prejudice and at each party's own cost, reserving to plaintiff all rights to proceed against other parties. Signed by Chief Judge Shelly D. Dick on 4/26/2021. (EDC)
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Filing 117
ORDER granting #116 Motion to Dismiss. All claims of plaintiff, Billy Keith Jones, individually and on behalf of the late Billy Wayne Jones against Pneumo Abex LLC only, be and the same are hereby dismissed, without prejudice, each party to bear its own costs, and specifically reserving to plaintiff's all rights to prosecute claims and/or actions against all other defendants. Signed by Chief Judge Shelly D. Dick on 4/26/2021. (EDC)
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| Filing 116 MOTION to Dismiss Without Prejudice by Pneumo Abex Corporation. (Attachments: #1 Proposed Pleading; Order)(Harrison, William) |
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Filing 115
ORDER granting #114 Motion to Dismiss Plaintiff's Claims Against PACCAR Inc. Signed by Chief Judge Shelly D. Dick on 4/21/2021. (SWE)
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| Filing 114 Agreed MOTION to Dismiss Plaintiff's Claims Against Paccar Inc. by Paccar, Inc.. (Attachments: #1 Attachment proposed Order)(Hays, Bradley) Modified on 4/21/2021 to edit text. (EDC). |
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Filing 113
ORDER granting #112 Motion to Withdraw and Substitute Counsel. Attorney Alexandra D. Bourbon is substituted as co-counsel for defendant Paccar, Inc. replacing Erika M. Cunningham. The #110 Motion to Withdraw and Substitute Counsel is denied as moot. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/31/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: #112 MOTION to Substitute Alexandra D. Bourbon in place of Erika M. Cunningham as Attorney (supplement to Doc. #110). This motion is now pending before the USMJ. (ELW) |
| Filing 112 MOTION to Substitute Alexandra D. Bourbon in place of Erika M. Cunningham as Attorney (supplement to Doc. #110) by Paccar, Inc.. (Hays, Bradley) |
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Filing 111
ORDER granting #109 Motion to Enroll Additional Counsel. Attorney Alexandra D. Bourbon is enrolled as co-counsel for defendant Mack Trucks, Inc. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/30/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 110 MOTION to Substitute Alexandra D. Bourbon in place of Erika M. Cunningham as Attorney by Paccar, Inc.. (Hays, Bradley) |
| Filing 109 MOTION to Enroll Alexandra D. Bourbon as Additional Attorney by Mack Trucks, Inc.. (Hays, Bradley) |
| Filing 108 Corporate Disclosure Statement by DCO, LLC. (Harrison, William) |
| MOTION(S) REFERRED: #109 MOTION to Enroll Alexandra D. Bourbon as Additional Attorney , #110 MOTION to Substitute Alexandra D. Bourbon in place of Erika M. Cunningham as Attorney . This motion is now pending before the USMJ. (ELW) |
| Filing 107 Corporate Disclosure Statement by Industrial Holdings Corporation identifying Corporate Parent Lehman Brothers Holdings Inc for Industrial Holdings Corporation.. (Napolitano, Shelley) |
| Filing 106 Statement of Corporate Disclosure by Pneumo Abex Corporation. (Harrison, William) Modified on 3/18/2021 to edit the docket text (KMW). |
| Filing 105 Corporate Disclosure Statement by Cummins, Inc.. (Oser, Daniel) |
| Filing 104 Corporate Disclosure Statement by The McCarty Corporation. (Kinler, Douglas) |
| Filing 103 ANSWER to Petition for Damages by The McCarty Corporation.(Kinler, Douglas) Modified on 3/4/2021 to edit the docket text (KMW). |
| Filing 102 MOTION to Dismiss Claims Against CNH Industrial America LLC by All Plaintiffs. (Attachments: #1 Proposed Pleading; Proposed Order)(Wilke, Tyler) |
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Filing 101
ORDER granting #98 Motion to Enroll Additional Counsel. Attorneys Peter Ashley Bourgeois and Christopher A Meeks sre substituted as counsel for Defendant Crown, Cork & Seal Company, Inc. replacing Michael D. Lonegrass. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/25/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 100 Notice of Service of Plaintiffs' Objections and Answers to Defendant CNH Industrial Interrogatories & Requests for Production by Billy Keith Jones (Wilke, Tyler) Modified on 2/19/2021 to edit the docket text (KMW). |
| Filing 99 NOTICE of Mailing of Plaintiffs' Objections and Answers to Defendant Honeywell's 1st St of Discovery to Plaintiff by Billy Keith Jones (Gettys, Lawrence) |
| MOTION(S) REFERRED: #98 MOTION to Enroll Additional Counsel. This motion is now pending before the USMJ. (KMW) |
| Filing 98 MOTION to Enroll Additional Counsel by Crown, Cork & Seal Company, Inc. (Attachments: #1 Proposed Order)(Lonegrass, Michael) Modified on 2/16/2021 to edit the docket text (KMW). |
| Filing 97 Summons Issued as to Claims Resolution Management Corporation. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) |
| Filing 96 Summons Submitted (McMillan, Sarah) |
| Filing 95 THIRD PARTY COMPLAINT against Claims Resolution Management Corporation, filed by Honeywell International Inc..(KMW) |
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Filing 94
ORDER granting #93 MOTION for Leave to File Third Party Complaint Against Claims Resolution Management Corporation filed by Honeywell International Inc. No opposition was noted in the motion. The Clerk shall file R. Doc. 93-3. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/27/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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| Filing 93 MOTION for Leave to File Third Party Complaint Against Claims Resolution Management Corporation by Honeywell International Inc.. (Attachments: #1 Exhibit, #2 Proposed Pleading;, #3 Proposed Pleading;)(McMillan, Sarah) |
| MOTION(S) REFERRED: #93 MOTION for Leave to File Third Party Complaint Against Claims Resolution Management Corporation. This motion is now pending before the USMJ. (EDC) |
| Filing 92 Corporate Disclosure Statement by CBS Corporation identifying Corporate Parent National Amusements, Inc. for CBS Corporation.. (McCoy, Lacey) |
| Filing 91 ANSWER and Affirmative Defenses to Complaint with Jury Demand by CBS Corporation.(McCoy, Lacey) Modified on 1/5/2021 to edit text (ELW). |
| Filing 90 ANSWER to Complaint by Cummins, Inc..(Oser, Daniel) |
| Filing 89 Corporate Disclosure Statement by Morse Tec, LLC identifying Corporate Parent Borg-Warner Corporation for Morse Tec, LLC. (Hays, Bradley) |
| Filing 88 ANSWER and Affirmative Defenses to Petition for Damages with Jury Demand by Morse Tec, LLC.(Hays, Bradley) Modified on 12/23/2020 to edit the docket text (KMW). |
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Filing 87
ORDER granting #83 Consent Motion for Extension of Time to File Responsive Pleadings. Defendant CBS Corporation is granted an extension of 21 days from the date responsive pleadings were due to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 86 ANSWER to Complaint with Jury Demand of Plaintiffs by DCO, LLC.(Harrison, William) |
| Filing 85 ANSWER to Complaint with Jury Demand of Plaintiffs by Pneumo Abex Corporation.(Harrison, William) |
| MOTION(S) REFERRED: #83 Consent MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (KMW) |
| Filing 84 ANSWER and Affirmative Defenses to Plaintiff's Petition for Damages for Wrongful Death and Survival Action by Industrial Holdings Corporation.(Napolitano, Shelley) Modified on 12/16/2020 to edit the docket text (KMW). |
| Filing 83 Consent MOTION for Extension of Time to File Responsive Pleadings by CBS Corporation. (Attachments: #1 Proposed Order)(McCoy, Lacey) Modified on 12/22/2020 to edit event type (SGO). |
| Filing 82 ANSWER to Complaint by Grinnell, LLC.(Semlinger, Lauren) |
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Filing 81
ORDER granting #48 Motion to Dismiss. The Dow Chemical Company only, is dismissed without prejudice with each party to bear its owncosts. Signed by Chief Judge Shelly D. Dick on 12/7/2020. (ELW)
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| Filing 80 SUMMONS Returned Executed by Billy Keith Jones. Morse Tec, LLC served on 12/4/2020, answer due 12/28/2020. (Wilke, Tyler) |
| Filing 79 ANSWER to Complaint of Plaintiffs by Anco Insulations, Inc..(Joffe, Margaret) |
| Filing 78 Summons Issued as to Morse Tec, LLC. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) |
| Filing 77 Summons Submitted (Wilke, Tyler) Modified on 12/4/2020 to flatten and replace (LLH). |
| Filing 76 SUMMONS Returned Executed by Billy Keith Jones. Cummins, Inc. served on 12/2/2020, answer due 12/23/2020. (Wilke, Tyler) |
| Filing 75 Memorandum in Response to #55 Order to Show Cause filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A)(Wilke, Tyler) Modified on 12/3/2020 to edit text. (EDC). |
| Filing 74 SUMMONS Returned Executed by Billy Keith Jones. The McCarty Corporation served on 11/24/2020, answer due 12/15/2020. (Wilke, Tyler) |
| Filing 73 SUMMONS Returned Executed by Billy Keith Jones. Anco Insulations, Inc. served on 11/24/2020, answer due 12/15/2020. (Wilke, Tyler) |
| Filing 72 SUMMONS Returned Executed by Billy Keith Jones. DCO, LLC served on 11/25/2020, answer due 12/16/2020. (Wilke, Tyler) |
| Filing 71 Summons Issued as to Cummins, Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) |
| Filing 70 SUMMONS Returned Executed by Billy Keith Jones. Pneumo Abex Corporation served on 11/24/2020, answer due 12/15/2020. (Wilke, Tyler) (Main Document 70 replaced on 11/30/2020) (KMW). |
| Filing 69 SUMMONS Returned Executed by Billy Keith Jones. (Wilke, Tyler) |
| Filing 68 SUMMONS Returned Executed by Billy Keith Jones. Grinnell, LLC served on 11/24/2020, answer due 12/15/2020. (Wilke, Tyler) (Main Document 68 replaced on 11/30/2020) (ELW). Modified on 11/30/2020 to flatten document (ELW). |
| Filing 67 SUMMONS Returned Executed by Billy Keith Jones. CBS Corporation served on 11/24/2020, answer due 12/15/2020. (Wilke, Tyler) (Main Document 67 replaced on 11/30/2020) (ELW). Modified on 11/30/2020 to flatten document (ELW). |
| Filing 66 SUMMONS Returned Executed by Billy Keith Jones. Industrial Holdings Corporation served on 11/24/2020, answer due 12/15/2020. (Wilke, Tyler) |
| Filing 65 Summons Submitted (Wilke, Tyler) (Main Document 65 replaced on 11/30/2020 to flatten the document) (KMW). |
| Filing 64 Summons Issued as to Anco Insulations, Inc., CBS Corporation, DCO, LLC, Grinnell, LLC, Industrial Holdings Corporation, Pneumo Abex Corporation, The McCarty Corporation. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) |
| Filing 63 Summons Submitted (Wilke, Tyler) (Main Document 63 replaced on 11/18/2020 to flatten the document) (KMW). |
| Filing 62 Summons Submitted (Wilke, Tyler) (Main Document 62 replaced on 11/18/2020 to flatten the document) (KMW). |
| Filing 61 Summons Submitted (Wilke, Tyler) (Main Document 61 replaced on 11/18/2020 to flatten the document) (KMW). |
| Filing 60 Summons Submitted (Wilke, Tyler) (Main Document 60 replaced on 11/18/2020 to flatten the document) (KMW). |
| Filing 59 Summons Submitted (Wilke, Tyler) (Main Document 59 replaced on 11/18/2020 to flatten the document) (KMW). |
| Filing 58 Summons Submitted (Wilke, Tyler) (Main Document 58 replaced on 11/18/2020 to flatten the document) (KMW). |
| Filing 57 Summons Submitted (Wilke, Tyler) (Main Document 57 replaced on 11/18/2020 to flatten the document) (KMW). |
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Filing 56
SCHEDULING ORDER: The scheduling conference presently set for 11/19/2020 is CANCELLED. In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/15/2021. F.R.C.P. 26(a)(1) disclosures due by 11/19/2020. Discovery due by 7/2/2021. Plaintiff`s Expert Witness List due by 4/16/2021. Defendant`s Expert Witness List due by 5/28/2021. Plaintiff`s Expert Reports due by 6/4/2021. Defendant`s Expert Reports due by 7/16/2021. Discovery from Experts due by 9/24/2021. Motions shall be filed by 10/29/2021. Proposed Pretrial Order due by 3/29/2022. Pretrial Conference set for 4/12/2022 at 02:30 PM in chambers before Chief Judge Shelly D. Dick. Motions In Limine shall be filed by 4/11/2022. Affidavit of Settlement Efforts due by 3/21/2022. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 4/11/2022. Jury Trial set for 5/2/2022 to 5/20/2022 at 09:00 AM in Courtroom 3. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/12/2020. (SWE)
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Filing 55
ORDER TO SHOW CAUSE: On or before December 2, 2020, plaintiff shall show cause, in writing, why the claim against defendants The McCarty Corporation, Anco Insulations, Inc., DCo., LLC, Pneumo Abex, LLC, Morse TEC LLC, Industrial Holdings Corporation, Grinnell LLC, Viacom CBS, Inc., and Cummins Inc. should not be dismissed under Rule 4(l) and (m) of the Federal Rules of Civil Procedure for lack of service and/or proof of service. If proof of service is filed into the record by December 2, 2020, then no response is due from plaintiff to this order to show cause. Show Cause Response due by 12/2/2020. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/12/2020. (DCB)
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| Filing 54 Joint STATUS REPORT by Honeywell International Inc.. (Bodin, Mark) |
| Filing 53 Corporate Disclosure Statement by John Crane, Inc. identifying Other Affiliate Smiths Group PLC for John Crane, Inc... (Corb, Natasha) |
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Filing 52
ORDER granting #51 Motion to Enroll Additional Counsel of Record. Attorney Amber L. Stewart is enrolled as co-counsel for defendant International Paper Company. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/30/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 51 MOTION to Enroll Amber L. Stewart as Additional Attorney by International Paper Company. (Attachments: #1 Proposed Pleading; on Motion to Enroll Additional Counsel of Record for Defendant International Paper Company)(Arthur, Mary) |
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Filing 50
ORDER granting #49 Motion to Withdraw and to Substitute Counsel and Firm of Record. Attorneys Glenn Lyle Maximilian Swetman, Christopher Owen Massenburg, Jeanette Seraile Riggins, Natasha Amber Corb, Brandie Mendoza Thibodeaux, Bradley Adam Hays, Meghan Brianne Senter, Danielle Mikel Sczesny, and Amanda Luella Deto are substituted as counsel for defendant John Crane, Inc. replacing Kenan S. Rand, Jr., Scott H. Mason, and Lauren B. Dietzen. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/29/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: #51 MOTION to Enroll Amber L. Stewart as Additional Attorney . This motion is now pending before the USMJ. (SWE) |
| Filing 49 MOTION to Substitute Glenn L. M. Swetman, Christopher O. Massenburg, Jeanette S. Riggins, Natasha A. Corb, Brandie M. Thibodeaux, B. Adam Hays, Megan B. Senter, Amanda L. Deto, Danielle M. Sczesny in place of Kenan S. Rand, Jr., Scott H. Mason, Lauren B. Dietzen as Attorney by John Crane, Inc.. (Attachments: #1 Proposed Pleading; Proposed Order)(Rand, Kenan) |
| MOTION(S) REFERRED: #49 MOTION to Substitute Glenn L. M. Swetman, Christopher O. Massenburg, Jeanette S. Riggins, Natasha A. Corb, Brandie M. Thibodeaux, B. Adam Hays, Megan B. Senter, Amanda L. Deto, Danielle M. Sczesny in place of Kenan S. Rand, Jr., Scott H. Mason, Lauren. This motion is now pending before the USMJ. (ELW) |
| Filing 48 NOTICE of Voluntary Dismissal by Billy Keith Jones (Wilke, Tyler) Modified on 10/27/2020 to edit the event (SWE). |
| Filing 47 Letter to Attorney Kenan S. Rand, Jr. regarding Meredith H. Durham who is Co-Counsel for party John Crane, Inc. Attorney is not admitted to practice in LAMD. (SWE) |
| Filing 46 ANSWER and Affirmative Defenses to Original Petition for Damages and Third-Party Demand against Manville Personal Injury Settlement Trust by Lamons Gasket Company.(Rand, Kenan) Modified on 10/23/2020 to edit the docket text (KMW). |
| Filing 45 ANSWER and Affirmative Defenses to Plaintiff's Original Petition for Damages and Third-Party Demand against Manville Personal Injury Settlement Trust by John Crane, Inc.(Rand, Kenan) Modified on 10/21/2020 to edit the docket text (SWE). |
| Filing 44 Corporate Disclosure Statement by Crown, Cork & Seal Company, Inc. identifying Corporate Parent Crown Holdings, Inc. for Crown, Cork & Seal Company, Inc.. (Lonegrass, Michael) |
| Filing 43 ANSWER and Affirmative Defenses to Original Petition for Damages with Jury Demand by Crown, Cork & Seal Company, Inc. (Attachments: #1 Attachment Request for Notice)(Lonegrass, Michael) Modified on 10/20/2020 to edit the docket text (SWE). |
| Filing 42 Corporate Disclosure Statement by Lamons Gasket Company identifying Corporate Parent TriMas Company LLC for Lamons Gasket Company. (Rand, Kenan) |
| Filing 41 RULING Adopting #37 Report and Recommendation of the U.S. Magistrate Judge. The Motion to Remand #26 is hereby DENIED. Signed by Chief Judge Shelly D. Dick on 9/22/2020. (ELW) |
| Filing 40 ANSWER and Affirmative Defenses to Complaint by The J. Grave Insulation Company.(Wandell, Jade) Modified on 9/18/2020 to edit text. (EDC). |
| Filing 39 Corporate Disclosure Statement by Navistar, Inc. identifying Corporate Parent Navistar International Corporation, Other Affiliate Traton, SE for Navistar, Inc... (Baxter, Kay) |
| Filing 38 ANSWER to Petition for Damages and Affirmative Defenses by Navistar, Inc.(Baxter, Kay) Modified on 8/28/2020 to edit the docket text (KMW). |
| Filing 37 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS regarding #26 MOTION to Remand filed by Billy Keith Jones. It is the recommendation of the Magistrate Judge that the Plaintiffs Motion to Remand (R. Doc. 26) be DENIED. Objections to R&R due by 9/1/2020. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/18/2020. (KMW) |
| Filing 36 Corporate Disclosure Statement by The J. R. Clarkson Company identifying Corporate Parent Emerson Electric Co. for The J. R. Clarkson Company.. (Bowlin, Angela) |
| Filing 35 MEMORANDUM ADDRESSING THE FIFTH CIRCUIT COURT OF APPEALS DECISION IN TEXAS BRINE CO., LLC V. AMERICAN ARBITRATION ASSOCIATION; #31 Order filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A)(Gettys, Lawrence) Modified on 8/7/2020 to edit text(ELW). |
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Filing 34
ORDER : The #29 Motion to Continue is GRANTED in part and DENIED in part. Status Report due by 11/5/2020. Scheduling Conference set for 11/19/2020 at 09:00 AM in chambers before Judge Richard L. Bourgeois Jr. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/3/2020. (ELW)
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Filing 33
ORDER granting #32 Motion to Appear Pro Hac Vice. Attorney Tyler B. Wilke is enrolled as pro hac vice co-counsel for Plaintiff Billy Keith Jones. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/31/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 32 MOTION for Tyler B. Wilke to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2149142) by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Tyler B. Wilke Affidavit, #3 Proposed Pleading; Proposed Order)(Gettys, Lawrence) |
| MOTION(S) REFERRED: #32 MOTION for Tyler B. Wilke to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2149142). This motion is now pending before the USMJ. (KMW) |
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Filing 31
ORDER: After reviewing the Notice of Removal (R. Doc. 1), the pending Motion to Remand (R. Doc. 26) and the Opposition (R. Doc. 30), IT IS ORDERED that plaintiff shall file a Reply Memorandum, on or before August 5, 2020, that specifically addresses the Fifth Circuit Court of Appeals decision in Texas Brine Co., LLC v. Am. Arbitration Assn, 955 F. 3d 482 (5th Cir. 2020). The Reply shall not exceed five pages. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/29/2020. (SGO)
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| MOTION(S) REFERRED: #29 Unopposed MOTION to Continue Deadlines to Hold Rule 26(f) Scheduling Conference and File Status Report . This motion is now pending before the USMJ. (ELW) |
| Filing 30 MEMORANDUM in Opposition to #26 MOTION to Remand filed by Honeywell International Inc.. (McMillan, Sarah) |
| Filing 29 Unopposed MOTION to Continue Deadlines to Hold Rule 26(f) Scheduling Conference and File Status Report by Honeywell International Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(McMillan, Sarah) |
| Filing 28 ANSWER to Complaint by Taylor-Seidenbach, Inc..(Lightfoot, Christopher) |
| Filing 27 Corporate Disclosure Statement by Taylor-Seidenbach, Inc.. (Lightfoot, Christopher) |
| MOTION(S) REFERRED: #26 MOTION to Remand . This motion is now pending before the USMJ. (KMW) |
| Filing 26 MOTION to Remand by All Plaintiffs. (Attachments: #1 Memorandum in Support Plaintiff's Memorandum in Support of the Motion for Remand)(Gettys, Lawrence) |
| Filing 25 Corporate Disclosure Statement by Caterpillar, Inc. identifying Corporate Parent Caterpillar Inc. for Caterpillar, Inc... (Abbott, Charles) |
| Filing 24 ANSWER to Complaint by Caterpillar, Inc..(Abbott, Charles) |
| Filing 23 Corporate Disclosure Statement by CNH Industrial America, LLC identifying Other Affiliate Case New Holland Industrial Inc., Other Affiliate CNH Industrial N.V. for CNH Industrial America, LLC.. (O'Cain, Patrick) |
| Filing 22 ANSWER to Complaint with Jury Demand by CNH Industrial America, LLC.(O'Cain, Patrick) |
| Filing 21 AMENDED NOTICE OF REMOVAL against All Plaintiffs, filed by Honeywell International Inc.. (Attachments: #1 Exhibit Petition for Damages, #2 Exhibit GE Consent to Removal, #3 Exhibit International Paper Consent to Removal)(McMillan, Sarah) |
| Filing 20 Corporate Disclosure Statement by Paccar, Inc. identifying Corporate Parent Paccar Inc for Paccar, Inc.. (Cunningham, Erika) |
| Filing 19 ANSWER to Complaint by Paccar, Inc..(Cunningham, Erika) |
| Filing 18 ANSWER to Complaint for Wrongful Death and Survival Action by The J. R. Clarkson Company.(Bowlin, Angela) |
| Filing 17 ANSWER and Defenses to Petition for Damages by Metropolitan Life Insurance Company.(Jalenak, Jay) Modified on 6/30/2020 to edit text. (EDC). |
| Filing 16 Corporate Disclosure Statement by Metropolitan Life Insurance Company identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company. (Jalenak, Jay) |
| Filing 15 Corporate Disclosure Statement by Mack Trucks, Inc. (Senter, Meghan) |
| Filing 14 ANSWER and Affirmative Defenses to Petition for Damages by Mack Trucks, Inc.(Senter, Meghan) Modified on 6/29/2020 to edit the docket text (KMW). |
| Filing 13 ANSWER to Complaint Petition for Damages and Affirmative Defenses by Union Carbide Corporation.(Foundas, Ernest) |
| Filing 12 Corporate Disclosure Statement by Union Carbide Corporation identifying Corporate Parent The Dow Chemical Company for Union Carbide Corporation.. (Foundas, Ernest) |
| Filing 11 Corporate Disclosure Statement by International Paper Company. (Penn, Elizabeth) |
| Filing 10 ANSWER and Affirmative Defenses to Petition for Damages by International Paper Company.(Penn, Elizabeth) Modified on 6/26/2020 to edit text. (EDC). |
| Filing 9 ANSWER and Affirmative Defenses to Petition for Damages with Jury Demand by General Electric Company.(McCoy, Lacey) Modified on 6/26/2020 to edit text. (EDC). |
| Filing 8 Corporate Disclosure Statement by General Electric Company. (McCoy, Lacey) |
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Filing 7
ORDER: Pursuant to 28 U.S.C. 1653, on or before 7/2/2020 the removing defendants shall file an amended notice of removal providing the citizenship of DCO, LLC, Grinnell, LLC, and Morse TEC, LLC, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Amended Pleadings due by 7/2/2020. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/18/2020. (KMW)
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Filing 6
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 8/20/2020 at 09:00 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 8/6/2020. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/15/2020. (SGO)
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| Filing 5 AMENDED NOTICE OF REMOVAL against All Plaintiffs, filed by Honeywell International Inc.. (Attachments: #1 Exhibit Petition for Damages, #2 Exhibit Consent to Removal by General Electric, #3 Exhibit Consent to Removal by International Paper)(McMillan, Sarah) |
| Filing 4 Letter to Attorney Lawrence G. Gettys regarding Tyler B. Wilke who is Co-Counsel for party Billy Keith Jones,Individually and on behalf of Billy Wayne Jones. Attorney is not admitted to practice in LAMD. (EDC) |
| Filing 3 Corporate Disclosure Statement by Honeywell International Inc. (McMillan, Sarah) |
| Filing 2 ANSWER to Petition for Damages and Affirmative Defenses with Jury Demand by Honeywell International Inc..(McMillan, Sarah) Modified on 6/10/2020 to edit text. (EDC). |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, Case Number 696775. (Filing fee $ 400 receipt number ALAMDC-2125212), filed by Honeywell International Inc.. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Exhibit 1)(McMillan, Sarah) |
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