Barton v. The Proctor & Gamble Company et al
| Teresa Barton |
| The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company, BASF Corporation, Evonik Corporation, Nippon Shokubai America Industries, Inc., D-W Tool, Inc., Evonik Degussa Corporation, Stockhausen Louisiana, LLC, Degussa Corporation, Evonick Stockhausen, LLC, Evonick Stockhausen, Inc., NA Industries, Inc. and D-W Tool, Inc. doing business as Wahlco |
| 1:2022cv00051 |
| April 18, 2022 |
| US District Court for the Eastern District of Missouri |
| John A Ross |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 MEMORANDUM in Opposition re #42 MOTION to Dismiss Case and Request for Stay of Ruling Pending Resolution of Issues Regarding Fraudulent Joinder filed by Plaintiff Teresa Barton. (Attachments: #1 Exhibit A - Protective Order - Barton v Procter & Gamble Paper Products, #2 Exhibit B - Email correspondence from Martinez, #3 Exhibit C - Judgment - Peoples v. IFF)(Crick, Steven) |
Filing 51
Docket Text ORDER: Re: #50 MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Case under Rule 12(b)(6) by Plaintiff Teresa Barton. (Crick, Steven) filed by Teresa Barton ; ORDERED GRANTED. Response due 6/15/22.. Signed by District Judge John A. Ross on 6/9/22. (MRS)
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| Filing 50 MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Case under Rule 12(b)(6) by Plaintiff Teresa Barton. (Crick, Steven) |
| Filing 49 REPLY to Response to Motion re #40 MOTION for Leave to Conduct Early/Expedited Discovery for Response to Motion to Dismiss MOTION for Discovery filed by Plaintiff Teresa Barton. (Attachments: #1 Exhibit 1-Google Map, #2 Exhibit 2-OSHA Violation Worksheet, #3 Exhibit 3-OSHA Citation & Notification, #4 Exhibit 4-OSHA Citation & Notification, #5 Exhibit 5-Safety Narrative, #6 Exhibit 6-Narrative, #7 Exhibit 7-Affidavit, #8 Exhibit 8-Affidavit, #9 Exhibit 9-OSHA Authorization)(Crick, Steven) |
| Filing 48 RESPONSE in Opposition re #40 MOTION for Leave to Conduct Early/Expedited Discovery for Response to Motion to Dismiss MOTION for Discovery filed by Defendant Nippon Shokubai America Industries, Inc.. (Sobelman, David) |
| Filing 47 RESPONSE to Motion re #40 MOTION for Leave to Conduct Early/Expedited Discovery for Response to Motion to Dismiss MOTION for Discovery filed by Defendant D-W Tool, Inc.. (Best, Susan) |
| Filing 46 RESPONSE to Motion re #40 MOTION for Leave to Conduct Early/Expedited Discovery for Response to Motion to Dismiss MOTION for Discovery filed by Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company. (Martinez, Anthony) |
| Filing 45 ANSWER to Complaint , Answer and Affirmative Defenses, by BASF Corporation.(Bozarth, Troy) |
| Filing 44 ANSWER to Complaint and Defenses to Plaintiff's Petition by Nippon Shokubai America Industries, Inc..(Sobelman, David) |
| Filing 43 MEMORANDUM in Support of Motion re #42 MOTION to Dismiss Case filed by Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company. (Martinez, Anthony) |
| Filing 42 MOTION to Dismiss Case by Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company. (Martinez, Anthony) |
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Filing 41
SCHEDULING ORDER: This matter is before the Court on Plaintiff's Motion to Stay Ruling on Motion to Dismiss Due to Fraudulent Joinder and for Leave to Conduct Early/Expedited Discovery for Response to Motion to Dismiss. (Doc. 40). IT IS HEREBY ORDERED that Defendants shall file any response to Plaintiffs motion by Friday, May 27, 2022. Signed by District Judge John A. Ross on 5/20/22. (MRS)
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| Filing 40 MOTION for Leave to Conduct Early/Expedited Discovery for Response to Motion to Dismiss, MOTION for Discovery by Plaintiff Teresa Barton. (Attachments: #1 Exhibit Plaintiff's Request for Production of Documents to D-W Tool, Inc. dba Wahlco, #2 Exhibit Plaintiff's Request for Production of Documents to Procter & Gamble Company, #3 Exhibit Plaintiff's Request for Production of Documents to Procter & Gamble US Business Services, #4 Exhibit Plaintiff's Request for Production of Documents to Procter & Gamble Paper Products Company)(Crick, Steven) |
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Filing 39
ORDER: This matter is before the Court on Plaintiff's motion for extension of time to respond to Defendant D-W Tool, Inc.s motion to dismiss. (Doc. No. 37). The Court previously granted Plaintiffs request for extension by docket text order. (Doc. No. 38). In her motion, Plaintiff explains she requires an extension to depose Ron Wahlers. The Court notes the docket text order is limited to Plaintiffs request for an extension of time to file any response. To the extent Plaintiff requests leave to engage in limited discovery, the Court will reserve ruling until Plaintiff has filed a proper motion. Signed by District Judge John A. Ross on 5/10/2022. (JMC)
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Filing 38
Docket Text ORDER: Re: #37 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss for Lack of Jurisdiction Motion for Extension of Time to Respond to Motion to Dismiss Due to Fraudulent Joinder [Doc. 29] by Plaintiff Teresa Barton. (Crick, Steven) filed by Teresa Barton ; ORDERED GRANTED. Signed by District Judge John A. Ross on 05/09/2022. (CMH)
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| Filing 37 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss for Lack of Jurisdiction Motion for Extension of Time to Respond to Motion to Dismiss Due to Fraudulent Joinder [Doc. 29] by Plaintiff Teresa Barton. (Crick, Steven) |
| Filing 36 REASSIGNMENT ORDER (GJL). District Judge Matthew T. Schelp no longer assigned to case. Case reassigned to District Judge John A. Ross for all further proceedings. (MRS) |
| Filing 35 CJRA ORDER (GJL). Magistrate Judge Abbie Crites-Leoni termed. Case reassigned to District Judge Matthew T. Schelp for all further proceedings (MRS) |
| Notice from Clerk instructing Defendants BASF Corporation, D-W Tool, Inc., Evonik Corporation, Nippon Shokubai America Industries, Inc., The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company, Plaintiff Teresa Barton to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 5/20/2022. (MRS) |
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Filing 34
ORDER granting Motion for Leave to Appear Pro Hac Vice #33 filed by Susan J. Best for Defendant D-W Tool, Inc., doing business as Wahlco. Signed by Magistrate Judge Abbie Crites-Leoni on May 2, 2022. (ACL)
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| Filing 33 MOTION for Leave to Appear Pro Hac Vice Susan J. Best. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9268937) by Defendant D-W Tool, Inc.. (Attachments: #1 Certificate of Good Standing)(Best, Susan) |
| Filing 32 ENTRY of Appearance by Nathan Drew Kemp for Defendant Evonik Corporation. (Kemp, Nathan) |
| Filing 31 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant D-W Tool, Inc.. Parent companies: N/A, Subsidiaries: N/A, Publicly held company: N/A,. (Morris, James) |
| Filing 30 MEMORANDUM in Support of Motion re #29 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant D-W Tool, Inc.. (Morris, James) |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction by Defendant D-W Tool, Inc.. (Attachments: #1 Exhibit EX A - Declaration of R. Wahlers)(Morris, James) |
| Filing 28 ENTRY of Appearance by James C. Morris for Defendant D-W Tool, Inc.. (Morris, James) |
| Filing 27 ANSWER to Complaint by Evonik Corporation.(Huelsmann, Brian) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to File Response/Reply. For the reasons stated in the Motion, IT IS ORDERED that Defendant's Response to the Complaint is due no later than May 25, 2022. Signed by Magistrate Judge Abbie Crites-Leoni on 4/21/2022. (EMD)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #12 Petition (Removal/Transfer) by Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company. (Martinez, Anthony) |
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Filing 24
ORDER granting #22 Motion for Extension. For the reasons stated in the Motion, IT IS ORDERED that Defendant's Response to the Complaint is due no later than May 25, 2022. Signed by Magistrate Judge Abbie Crites-Leoni on 4/21/2022. (EMD)
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Filing 23
ORDER granting #21 Motion for Extension of Time to File Response/Reply For the reasons stated in the Motion, IT IS ORDERED that Defendant's Response to the Complaint is due no later than May 25, 2022. Signed by Magistrate Judge Abbie Crites-Leoni on 4/21/2022. (EMD)
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| Filing 22 Unopposed MOTION for Extension of: Time to File Responsive Pleadings by Defendant Nippon Shokubai America Industries, Inc.. (Juedemann, Cynthia) |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #12 Petition (Removal/Transfer) by Defendant BASF Corporation. (Magee, Thomas) |
| Filing 20 ENTRY of Appearance by John W. Grimm for Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company. (Grimm, John) |
| Filing 19 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Nippon Shokubai America Industries, Inc... (Sobelman, David) |
| Filing 18 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant BASF Corporation. Parent companies: BASF SE, Subsidiaries: BASF Corporation; BASF USA Holding LLC; BASF Nederland BV, Publicly held company: None,. (Magee, Thomas) |
| Filing 17 ENTRY of Appearance by Troy A. Bozarth for Defendant BASF Corporation. (Bozarth, Troy) |
| Filing 16 ENTRY of Appearance by Emily Roman for Defendant BASF Corporation. (Roman, Emily) |
| Filing 15 ENTRY of Appearance by Thomas J. Magee for Defendant BASF Corporation. (Magee, Thomas) |
| Filing 14 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 13 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company Sent To: State Court - Executed (Martinez, Anthony) |
| Filing 11 ENTRY of Appearance by Melissa Marglous Merlin for Defendant Nippon Shokubai America Industries, Inc.. (Merlin, Melissa) |
| Case Opening Notification. Judge Assigned: U.S. Magistrate Judge Abbie S. Crites-Leoni. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (MRS) |
| Filing 12 Petition (Removal/Transfer) Received From: Circuit Court of Cape Girardeau County, filed by Teresa Barton.(MRS) Modified on 4/19/2022 (MRS). |
| Filing 10 NOTICE by Defendant Evonik Corporation re #1 Notice of Removal Petition, of Joinder to the Notice of Removal of The Proctor & Gamble Company (Huelsmann, Brian) |
| Filing 9 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Evonik Corporation. Parent companies: Evonik Industries, Subsidiaries: No, Publicly held company: Yes,. (Huelsmann, Brian) |
| Filing 8 ENTRY of Appearance by Cynthia M. Juedemann for Defendant Nippon Shokubai America Industries, Inc.. (Juedemann, Cynthia) |
| Filing 7 ENTRY of Appearance by Brian J. Huelsmann for Defendant Evonik Corporation. (Huelsmann, Brian) |
| Filing 6 Consent to Removal by Defendant Nippon Shokubai America Industries, Inc.. (Sobelman, David) |
| Filing 5 ENTRY of Appearance by David W. Sobelman for Defendant Nippon Shokubai America Industries, Inc.. (Sobelman, David) |
| Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant The Proctor & Gamble U.S. Business Services Company. Parent companies: The Proctor & Gamble Company, Subsidiaries: None, Publicly held company: None,. (Martinez, Anthony) |
| Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant The Proctor & Gamble Company. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Martinez, Anthony) |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company Sent To: Plaintiff (Martinez, Anthony) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Cape Girardeau County, Missouri, case number 22CG-CC00077, with receipt number AMOEDC-9245636, in the amount of $402 Jury Demand,, filed by The Proctor & Gamble Company, The Proctor & Gamble U.S. Business Services Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Original Filing Form)(Martinez, Anthony) |
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