Manchester v. Anco Insulations, Inc., et al
| Cecil C Manchester |
| Arrow Electronics, Union Carbide Corporation, Montello, Inc., Westchester Fire Insurance Company, Anco Insulations, Inc., Eagle, Inc. and Eagle Asbestos & Packing Co., Inc. |
| 3:2022cv00796 |
| October 14, 2022 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Defendant |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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Filing 23
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. (JEG)
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Filing 22
JUDGMENT: IT IS ORDERED, ADJUDGED, and DECREED that this matter be and is hereby REMANDED to the Nineteenth Judicial District Court for the Parish of East Baton Rouge, State of Louisiana. Signed by Judge Brian A. Jackson on 11/17/2022. (JEG)
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Filing 21
ORDER granting #12 MOTION to Withdraw #1 NOTICE OF REMOVAL, and the case is hereby REMANDED to the 19th JDC as set forth herein. IT IS FURTHER ORDERED that the Clerk of Court shall TERMINATE this matter and all pending motions. Signed by Judge Brian A. Jackson on 11/17/2022. (JEG)
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| Filing 20 Exhibit(s) to #12 MOTION to Withdraw #1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number C-717937. (Filing fee $ 402 receipt number ALAMDC-2491358), filed by Arrow Electronics. (Attachments: #1 Exhibit 1 - State Court Recor by Arrow Electronics. (Attachments: #1 Exhibit 1 - Plaintiff's Responses to Union Carbide's Interrogatories, #2 Exhibit 2 - Deposition Transcript of Anco Insulations, Inc., #3 Exhibit 3 - Deposition Transcript of Fred J. Schuber, Jr.)(Martin, Harrison) |
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Filing 19
ORDER granting #18 Motion to Strike #18 Ex Parte MOTION to Strike an Incorrectly Filed Document 15 Exhibit(s), 16 Exhibit(s), 17 Exhibit(s). Signed by Judge Brian A. Jackson on 11/16/2022. (JEG) Modified on 11/16/2022 to remove duplicate text (JEG).
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| Filing 18 Ex Parte MOTION to Strike an Incorrectly Filed Document 15 Exhibit(s), 16 Exhibit(s), 17 Exhibit(s), by Arrow Electronics (Attachments: #1 Proposed Pleading; Proposed Order)(Martin, Harrison) |
| Filing 17 STRICKEN FROM THE RECORD Exhibit(s) to #12 MOTION to Withdraw #1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number C-717937. (Filing fee $ 402 receipt number ALAMDC-2491358), filed by Arrow Electronics. (Attachments: # 1 Exhibit 1 - State Court Recor by Arrow Electronics. (Miller, Allen) Modified on 11/16/2022 to strike document In accordance with Order, rec doc 19 (JEG). |
| Filing 16 STRICKEN FROM THE RECORD Exhibit(s) to #12 MOTION to Withdraw #1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number C-717937. (Filing fee $ 402 receipt number ALAMDC-2491358), filed by Arrow Electronics. (Attachments: # 1 Exhibit 1 - State Court Recor by Arrow Electronics. (Miller, Allen) Modified on 11/16/2022 to strike document In accordance with Order, rec doc 19 (JEG). |
| Filing 15 STRICKEN FROM THE RECORD Exhibit(s) to #12 MOTION to Withdraw #1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number C-717937. (Filing fee $ 402 receipt number ALAMDC-2491358), filed by Arrow Electronics. (Attachments: # 1 Exhibit 1 - State Court Recor by Arrow Electronics. (Miller, Allen) Modified on 11/16/2022 to strike document in accordance with Order rec doc 19 (JEG). |
| Filing 14 Notice of Deficiency with Administrative Procedure III(A)(1) as to #12 Motion to Withdraw. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (JEG) |
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Filing 13
ORDER: In light of the #12 Motion to Withdraw Notice of Removal, filed by Defendant Arrow Electronics, IT IS ORDERED that the videoconference set for November 3, 2022 is hereby CANCELLED. Signed by Magistrate Judge Erin Wilder-Doomes on 11/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 12 MOTION to Withdraw #1 NOTICE OF REMOVAL by Arrow Electronics (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Miller, Allen) Modified on 11/3/2022 to edit docket text and to remove duplicate text of attachment 4 (JEG). |
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Filing 11
ORDER: IT IS ORDERED that a videoconference is set for November 3, 2022 at 1:30 p.m. before Magistrate Judge Erin Wilder-Doomes via Zoom to discuss the #7 Motion to Remand, filed by Plaintiff Chester C. Manchester. Participant instructions are attached. In advance of the telephone conference, counsel shall review Travis v. Irby and the cases cited in footnote 16 of this Order. In lieu of the videoconference, Arrow may file a motion to withdraw the Notice of Removal by no later than November 2, 2022. Signed by Magistrate Judge Erin Wilder-Doomes on 10/25/2022. (Attachments: #1 Participant Instructions)(BLR)
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| MOTION(S) REFERRED: #8 MOTION for Expedited Hearing on #7 Emergency MOTION to Remand , #7 Emergency MOTION to Remand . This motion is now pending before the USMJ. (LLH) |
| Filing 10 Exhibit(s) to #7 Emergency MOTION to Remand by Cecil C Manchester. (Attachments: #1 Exhibit Ex. 1 Petition for Damages, #2 Exhibit Ex. 2 First Supplemental Petition, #3 Exhibit Ex. 3 Plaintiff's Motion for Expedited Trial, #4 Exhibit Ex. 4 Plaintiff's Deposition, #5 Exhibit Ex.5a Petition for Letters Rogatory to Owens Corning, #6 Exhibit Ex. 5b Petition for Letters Rogatory to Pittsburgh Corning, #7 Exhibit Ex. 6 Affidavit of Andrew Oh, #8 Exhibit Ex. 7 Discovery issued to Arrow Electronics, #9 Exhibit Ex. 8 Deposition of Don L. Williams, #10 Exhibit Ex. 9 Deposition Of Reuel Lacy "Sonny" Anderson, Jr.)(Clark, Matthew) |
| Filing 9 Notice of Deficiency with Administrative Procedure III(A)(1) as to #7 Motion to Remand. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (JEG) |
| Filing 8 MOTION for Expedited Hearing on #7 Emergency MOTION to Remand by Cecil C Manchester (Attachments: #1 Attachment Proposed Order)(Clark, Matthew) |
| Filing 7 Emergency MOTION to Remand by Cecil C Manchester (Attachments: #1 Attachment Memorandum in Support of Plaintiff's Emergency Motion to Remand, #2 Attachment Proposed Order, #3 Exhibit Ex. 1, #4 Exhibit Ex. 2, #5 Exhibit Ex. 3, #6 Exhibit Ex. 4, #7 Exhibit Ex. 5, #8 Exhibit Ex. 6, #9 Exhibit Ex. 7, #10 Exhibit Ex. 8, #11 Exhibit Ex. 9)(Clark, Matthew) |
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Filing 6
ORDER granting #2 Ex Parte MOTION to Substitute Corrected Pleadings. The Clerk is directed to replace R. Doc. 1 with R. Doc. 2-2. Signed by Magistrate Judge Erin Wilder-Doomes on 10/18/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 5 NOTICE OF DEFICIENCY with LR 7.1 as to #4 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (EDC) |
| MOTION(S) REFERRED: #2 Ex Parte MOTION to Substitute Notice of Removal . This motion is now pending before the USMJ. (EDC) |
| Filing 4 Certificate of Interested Persons by Arrow Electronics. (Miller, Allen) |
| Filing 3 Civil Cover Sheet to #1 Notice of Removal,, by Arrow Electronics. (Miller, Allen) Modified on 10/19/2022 to edit text. (EDC). |
| Filing 2 Ex Parte MOTION to Substitute Notice of Removal by Arrow Electronics (Attachments: #1 Proposed Order, #2 Proposed Pleading; Corrected Notice of Removal)(Miller, Allen) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, Parish of East Baton Rouge, Case Number C-717937. (Filing fee $ 402 receipt number ALAMDC-2491358), filed by Arrow Electronics. (Attachments: #1 Exhibit 1 - State Court Record - Part 1, #2 Exhibit 1 - State Court Record - Part 2, #3 Exhibit 2 - Depo of Plaintiff, #4 Exhibit 3 - Consent to Removal - Union Carbile and Montello), #5 Exhibit 3 - Consent to Removal - Westchester, #6 Attachment Civil Cover Sheet)(Miller, Allen) (Attachment 6 replaced on 10/17/2022 to flatten the document. (EDC). Modified on 10/19/2022 to replace document per Order #6 (LLH). |
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