Cambridge Mutual Fire Insurance Company v. Rust-Oleum Corporation et al
Plaintiff: Cambridge Mutual Fire Insurance Company
Defendant: Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated and The Home Depot Inc.
Not Classified By Court: Judge Page Kelley
Case Number: 1:2022cv12211
Filed: December 28, 2022
Court: US District Court for the District of Massachusetts
Presiding Judge: Nathaniel M Gorton
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2023 Filing 36 ELECTRONIC NOTICE of ADR Conference. Alternative Dispute Resolution Hearing set for 1/12/2024 09:30 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. Telephone Conference set for 1/5/2024 10:00 PM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to leonardo_vieira@mad.uscourts.gov no later than 1/2/2024. The mediation memorandum should be marked "Confidential - Not for Docketing." It is not required, but the mediation memorandum may be served on the opposing party in the filing party's discretion. The parties are advised that if they wish to move to continue or cancel the date for mediation, they should email Judge Kelleys deputy courtroom clerk, Leonardo Vieira. Counsel are directed to be present at the mediation with their respective clients or representatives of their clients who have authority to negotiate and commit to settlement terms that, in their discretion, may be acceptable. The parties are bound by the following terms: (a) all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) the entire mediation process, including any memoranda exchanged, if any, and all communications during any in-person, video or audio part of the mediation, is confidential, (c) all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) no party, participant, or representative shall seek in any proceeding to compel the mediator to testify and/or produce any document with respect to the mediation, and (e) all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process.(Vieira, Leonardo)
February 21, 2023 Filing 35 Notice of assignment to ADR Provider. Judge Page Kelley appointed for mediation in January 2024.(Simeone, Maria)
February 14, 2023 Filing 34 Judge Nathaniel M. Gorton: ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution for Mediation: January, 2024.(Lima, Christine)
February 14, 2023 Filing 33 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 2/14/2023: Early Motion for Summary Judgment due by 3/24/23, opposition by 4/14/23, reply (not to exceed 10 pages) due by 4/28/23. Court will decide the matter by 5/31/23. If the matter survives, Amendments and/or Supplements to the Pleadings due by 7/31/2023; written discovery to be served by 9/30/23, answered by 10/31/23; all fact depositions and fact Discovery to be completed by 12/31/2023; Plaintiff's experts designated and Rule 26 Reports exchanged by 1/31/24; Defendants' experts designated and Rule 26 Reports exchanged by 2/29/24; rebuttals by 3/15/24; expert depositions to be completed by 3/31/24; dispositive Motions due by 4/30/2024, oppositions by 5/31/24, replies to be filed only with leave of Court. Final Pretrial Conference set for 7/17/2024 03:00 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. Jury Trial set for 7/22/2024 09:00 AM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. Case to be referred to Mediation Program: January, 2024. (Court Reporter: No Court Reporter Used.)(Attorneys present: Goulet, Wyatt, Silverman) (Lima, Christine)
February 10, 2023 Filing 32 NOTICE of Appearance by Zachary Winthrop Silverman on behalf of Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated, The Home Depot Inc. (Silverman, Zachary)
February 10, 2023 Filing 31 CERTIFICATION pursuant to Local Rule 16.1 Rust-Oleum Corporation. (Wyatt, Kathleen) (Main Document 31 replaced on 2/10/2023) (Lima, Christine).
February 9, 2023 Filing 30 NOTICE of Appearance by Andrew P. Fishkin on behalf of Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated, The Home Depot Inc. (Fishkin, Andrew)
February 7, 2023 Filing 29 CERTIFICATION pursuant to Local Rule 16.1 . (Goulet, Robert)
February 7, 2023 Filing 28 CERTIFICATION pursuant to Local Rule 16.1 The Home Depot, Inc.. (Wyatt, Kathleen)
February 7, 2023 Filing 27 CERTIFICATION pursuant to Local Rule 16.1 Rust-Oleum Sales Company, Inc.. (Wyatt, Kathleen)
February 7, 2023 Filing 26 CERTIFICATION pursuant to Local Rule 16.1 Rust-Oleum Corporation. (Wyatt, Kathleen)
February 7, 2023 Filing 25 JOINT STATEMENT re scheduling conference . (Wyatt, Kathleen)
February 1, 2023 Filing 24 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #21 Motion for Leave to Appear Pro Hac Vice as to Zachary W. Silverman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas)
February 1, 2023 Filing 23 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #20 Motion for Leave to Appear Pro Hac Vice Added Andrew P. Fishkin. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Warnock, Douglas)
February 1, 2023 Filing 22 ELECTRONIC NOTICE TO COUNSEL: re #20 MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Fishkin and #21 MOTION for Leave to Appear Pro Hac Vice for admission of Zachary Silverman; In the future all exhibits should be separated and filed as separate attachments. Counsel is reminded to review the local rules and the attorney handbook when filing documents with the Court by accessing our web page, at www.mad.uscourts.gov under CM/ECF E-Filing. (Warnock, Douglas)
January 31, 2023 Filing 21 MOTION for Leave to Appear Pro Hac Vice for admission of Zachary Silverman Filing fee: $ 125, receipt number AMADC-9696157 by Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated, The Home Depot Inc..(Wyatt, Kathleen) (Additional attachment(s) added on 2/1/2023: #1 Exhibit A) (Warnock, Douglas). (Main Document 21 replaced on 2/1/2023 to separate exhibit from main document PDF) (Warnock, Douglas).
January 31, 2023 Filing 20 MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Fishkin Filing fee: $ 125, receipt number AMADC-9696138 by Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated, The Home Depot Inc..(Wyatt, Kathleen) (Additional attachment(s) added on 2/1/2023: #1 Exhibit A) (Warnock, Douglas). (Main Document 20 replaced on 2/1/2023 to separate exhibit from main document PDF) (Warnock, Douglas).
January 17, 2023 Filing 19 STATE COURT Record All Defendants.. (Mankowski, Lauren)
January 9, 2023 Filing 18 CORPORATE DISCLOSURE STATEMENT by Cambridge Mutual Fire Insurance Company. (Goulet, Robert)
January 9, 2023 Filing 17 NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 2/14/2023 11:15 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine)
January 4, 2023 Filing 16 NOTICE of Appearance by Lauren Mankowski on behalf of The Home Depot Inc. (Mankowski, Lauren)
January 4, 2023 Filing 15 ANSWER to Complaint by The Home Depot Inc..(Wyatt, Kathleen)
January 4, 2023 Filing 14 ANSWER to Complaint by Rust-Oleum Sales Company Incorporated.(Wyatt, Kathleen)
January 4, 2023 Filing 13 ANSWER to Complaint by Rust-Oleum Corporation.(Wyatt, Kathleen)
January 4, 2023 Filing 12 CORPORATE DISCLOSURE STATEMENT by The Home Depot Inc.. (Wyatt, Kathleen)
January 4, 2023 Filing 11 NOTICE of Appearance by Kathleen O'Donnell Wyatt on behalf of The Home Depot Inc. (Wyatt, Kathleen)
December 28, 2022 Filing 10 NOTICE of Appearance by Lauren Mankowski on behalf of Rust-Oleum Sales Company Incorporated (Mankowski, Lauren)
December 28, 2022 Filing 9 NOTICE of Appearance by Lauren Mankowski on behalf of Rust-Oleum Corporation (Mankowski, Lauren)
December 28, 2022 Filing 8 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Pacho, Arnold)
December 28, 2022 Filing 7 CORPORATE DISCLOSURE STATEMENT by Rust-Oleum Sales Company Incorporated identifying Corporate Parent RPM International Inc. for Rust-Oleum Sales Company Incorporated.. (Wyatt, Kathleen)
December 28, 2022 Filing 6 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary)
December 28, 2022 Filing 5 CORPORATE DISCLOSURE STATEMENT by Rust-Oleum Corporation identifying Corporate Parent RPM International Inc. for Rust-Oleum Corporation.. (Wyatt, Kathleen)
December 28, 2022 Filing 4 NOTICE of Appearance by Kathleen O'Donnell Wyatt on behalf of Rust-Oleum Sales Company Incorporated (Wyatt, Kathleen)
December 28, 2022 Filing 3 NOTICE of Appearance by Kathleen O'Donnell Wyatt on behalf of Rust-Oleum Corporation (Wyatt, Kathleen)
December 28, 2022 Filing 2 EXHIBIT re #1 Notice of Removal, Exhibits A-D by Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Wyatt, Kathleen)
December 28, 2022 Filing 1 NOTICE OF REMOVAL by Rust-Oleum Corporation, Rust-Oleum Sales Company Incorporated ( Filing fee: $ 402, receipt number AMADC-9646336 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Form Category Form)(Wyatt, Kathleen) (Main Document 1 replaced on 12/28/2022) (Pacho, Arnold). (Additional attachment(s) added on 12/28/2022: #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Pacho, Arnold). Modified on 12/28/2022 to separate exhibits from complaint. (Pacho, Arnold).

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Plaintiff: Cambridge Mutual Fire Insurance Company
Represented By: Robert G. Goulet, Jr.
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Defendant: Rust-Oleum Corporation
Represented By: Lauren Mankowski
Represented By: Kathleen O'Donnell Wyatt
Represented By: Andrew P. Fishkin
Represented By: Zachary Winthrop Silverman
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Defendant: Rust-Oleum Sales Company Incorporated
Represented By: Kathleen O'Donnell Wyatt
Represented By: Lauren Mankowski
Represented By: Andrew P. Fishkin
Represented By: Zachary Winthrop Silverman
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Defendant: The Home Depot Inc.
Represented By: Andrew P. Fishkin
Represented By: Kathleen O'Donnell Wyatt
Represented By: Lauren Mankowski
Represented By: Zachary Winthrop Silverman
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Not classified by court: Judge Page Kelley
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