New et al v. Borg-Warner Corporation et al
| John New and Beth New |
| Georgia Pacific Corporation, Hollingsworth & Voss Company, Ford Motor Company, International Truck & Engine Corporation, Honeywell International, Inc., Volvo Trucks North America, Inc., Mack Trucks, Inc., Freightliner, LLC, KCG, Inc., Borg-Warner Corporation, Pneumo Abex Corporation, Paccar, Inc., Daimler Trucks North America, LLC, Dana Companies, LLC and Federal-Mogul Asbestos Personal Injury Trust |
| Hennessy Industries and Caterpillar, Inc. |
| 4:2013cv00675 |
| July 10, 2013 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Jackson |
| Greg Kays |
| Tort Product Liability |
| 02 U.S.C. § 437 Federal Election Commission |
| Both |
Docket Report
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This docket was last retrieved on March 7, 2016. A more recent docket listing may be available from PACER.
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Filing 292
Order - All crossclaims between Caterpillar, Inc., and Hennessy Industries are dismissed with prejudice, with each party to bear their own fees, costs and expenses. Signed on 3/7/16 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 291 Joint MOTION to dismiss party of Cross-Claims filed by Eric P Hall on behalf of Caterpillar, Inc., Hennessy Industries. Suggestions in opposition/response due by 3/21/2016 unless otherwise directed by the court. (Hall, Eric) Modified on 3/8/2016 - deleted Attorney Eric Hall as counsel for Hennessy (Francis, Alexandra). |
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Filing 290
ORDER TO SHOW CAUSE. Defendants Caterpillar, Inc., and Hennessy Industries shall show cause on or before March 24, 2016, why their claims should not be dismissed for failure to prosecute. Failure to file a response will result in the Court dismissing the pending crossclaims without further notice to the parties. Signed on 3/3/16 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 289
ORDER granting #288 motion to dismiss. Plaintiffs' claims against Caterpillar, Inc., are dismissed with prejudice, with each party to bear their own fees, costs and expenses. Defendants Caterpillar, Inc., and Hennessy Industries shall file a status report regarding their pending crossclaims on or before February 18, 2016. Signed on 2/4/16 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 288 Joint MOTION to dismiss party filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 2/16/2016 unless otherwise directed by the court. (Hall, Eric) |
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Filing 287
ORDER - The parties shall file the appropriate settlement documents or a joint status report regarding completion of settlement on or before February 5, 2016. The Motion to Bar Testimony of Dr. Strauchen (Doc. #150 ) is denied as moot. Signed on 1/22/16 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 286 RESPONSE to order re #283 Order Joint Status Report Regarding Completion of Settlement filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Related document(s) #283 ) (Hall, Eric) |
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Filing 285
ORDER - The pretrial conference scheduled for December 15, 2015, and the trial scheduled for January 12, 2016, are hereby cancelled. The parties shall file a joint status report regarding completion of settlement on or before December 17, 2015. Signed on 12/7/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 284 STATUS REPORT by Beth New, John New. (Karst, Erik) |
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Filing 283
ORDER - The parties shall file the appropriate settlement documents or a status report regarding completion of settlement on or before November 13, 2015. Signed on 10/23/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 282 NOTICE of settlement by Caterpillar, Inc. (Hall, Eric) |
| NOTICE OF HEARING CANCELLATION - Having been notified that the case has settled, the Daubert Hearing scheduled for 9/28/15 @ 9:00 a.m. is cancelled. (Francis, Alexandra) |
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Filing 281
ORDER denying #245 Plaintiffs' motion to amend; denying #251 Defendant Hennessy's motion to join. Signed on 9/8/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 280
ORDER - The Court grants five of Caterpillar's motions (Docs. 197, 199-200, 203, 209) and denies two of them (Docs. 206, 213). The remaining motions (Docs. 189-196, 198, 201-02, 204-05, 207-08, 210-12) are denied without prejudice. Signed on 9/4/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 279
ORDER - Daubert Hearing set for 9/28/2015 09:00 a.m. and Jury Trial reset for 1/12/2016 08:00 a.m. in Courtroom 8D, Kansas City (DGK) before Chief District Judge Greg Kays., Pretrial Teleconference reset for 12/15/2015 11:00 a.m. Signed on 9/3/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 278
ORDER denying Caterpillar's #148 motion to strike expert testimony. Signed on 9/3/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 277
ORDER - Caterpillar's motion to apply Kansas law (Doc. #146 ) is denied in part and its motion for summary judgment (Doc. #144 ) is denied in part. Signed on 9/3/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 276
ORDER - Hennessy's motion to apply Kansas law (Doc. #140 ) is granted. All claims against Hennessy are dismissed without prejudice. Hennessy's motion for summary judgment (Doc. #142 ) is granted in part and denied in part. Hennessy's remaining motions (Docs. 162, 214-242) are denied as moot. Signed on 9/3/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 275 NOTICE of appearance by Douglas J. Bieller on behalf of Caterpillar, Inc. (Attorney Douglas J. Bieller added to party Caterpillar, Inc.(pty:dft))(Bieller, Douglas) |
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Filing 274
ORDER - The pretrial conference scheduled September 1, 2015, is hereby stayed pending further order of the Court. Signed on 8/31/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 273 ANSWER to Complaint Answer to Cross-Claims of Defendant Caterpillar Inc. on behalf of Hennessy Industries.(Ryan, James) |
| Filing 272 REPLY SUGGESTIONS to motion re #245 Second MOTION to amend/correct Complaint Plaintiffs' Reply to Hennessy Industries, Inc.'s Suggestions in Opposition to Plf's 2nd Motion to Amend Complaint filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Related document(s) #245 ) (Beale, Jason) |
| Filing 271 PRETRIAL MEMORANDUM by Beth New, John New. (Beale, Jason) |
| Filing 270 ANSWER to Complaint Answer to Cross-Claims of Defendant Hennessy Industries, Inc. on behalf of Caterpillar, Inc..(Hall, Eric) |
| Filing 269 CERTIFICATE OF SERVICE by Hennessy Industries filed by James Hayes Ryan on behalf of Defendant Hennessy Industries, Cross Claimant Hennessy Industries, Cross Defendants Hennessy Industries, Hennessy Industries.(Ryan, James) |
| Filing 268 OBJECTIONS (non motions) by Hennessy Industries re #246 DESIGNATION . Related document: #246 DESIGNATION filed by John New, Beth New.(Ryan, James) |
| Filing 267 CERTIFICATE OF SERVICE by Hennessy Industries re #266 Pretrial Memorandum filed by James Hayes Ryan on behalf of Defendant Hennessy Industries, Cross Claimant Hennessy Industries, Cross Defendants Hennessy Industries, Hennessy Industries. Related document: #266 Pretrial Memorandum filed by Hennessy Industries.(Ryan, James) |
| Filing 266 PRETRIAL MEMORANDUM by Hennessy Industries. (Ryan, James) |
| Filing 265 CERTIFICATE OF SERVICE by Hennessy Industries re #264 Proposed Exhibit List filed by James Hayes Ryan on behalf of Defendant Hennessy Industries, Cross Claimant Hennessy Industries, Cross Defendants Hennessy Industries, Hennessy Industries. Related document: #264 Proposed Exhibit List filed by Hennessy Industries.(Ryan, James) |
| Filing 264 PROPOSED EXHIBIT LIST Exhibit Index of Defendant Hennessy Industries, Inc. by Hennessy Industries. (Ryan, James) |
| Filing 263 CERTIFICATE OF SERVICE by Hennessy Industries re #262 Proposed Witness List filed by James Hayes Ryan on behalf of Defendant Hennessy Industries, Cross Claimant Hennessy Industries, Cross Defendants Hennessy Industries, Hennessy Industries. Related document: #262 Proposed Witness List filed by Hennessy Industries.(Ryan, James) |
| Filing 262 PROPOSED WITNESS LIST by Hennessy Industries Defendant Hennessy Industries, Inc.'s Trial Witness List. (Ryan, James) |
| Filing 261 PROPOSED EXHIBIT LIST Plaintiffs Exhibit List re Caterpillar Inc. by Beth New, John New. (Beale, Jason) |
| Filing 260 PROPOSED EXHIBIT LIST by Caterpillar, Inc.. (Hall, Eric) |
| Filing 259 OBJECTIONS (non motions) by Caterpillar, Inc. re #246 DESIGNATION . Related document: #246 DESIGNATION filed by John New, Beth New.(Hall, Eric) |
| Filing 258 AGREED UPON STATEMENT JOINT STIPULATION OF UNCONTROVERTED FACT by All Plaintiffs. (Beale, Jason) |
| Filing 257 PROPOSED EXHIBIT LIST Plaintiffs Exhibit List re Hennessy Industries by Beth New, John New. (Beale, Jason) |
| Filing 256 PROPOSED WITNESS LIST by Beth New, John New . (Beale, Jason) |
| Filing 255 PRETRIAL MEMORANDUM by Caterpillar, Inc.. (Hall, Eric) |
| Filing 254 STIPULATION As To The Admissibility of Evidence by Caterpillar, Inc.. (Hall, Eric) |
| Filing 253 PROPOSED WITNESS LIST by Caterpillar, Inc. . (Hall, Eric) |
| Filing 252 CERTIFICATE of counsel re #251 MOTION to join Defendant Hennessy Industries, Inc.'s Pre-Trial Motion to Join Parties Under Kansas Law for Apportionment of Contributory Fault by James Hayes Ryan on behalf of Hennessy Industries (Ryan, James) |
| Filing 251 MOTION to join Defendant Hennessy Industries, Inc.'s Pre-Trial Motion to Join Parties Under Kansas Law for Apportionment of Contributory Fault filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 9/11/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 250 SUGGESTIONS in opposition re #245 Second MOTION to amend/correct Complaint Suggestions in Opposition to Plaintiffs' Motion for Leave to Amend Complaint filed by James Hayes Ryan on behalf of Defendant Hennessy Industries, Cross Claimant Hennessy Industries, Cross Defendants Hennessy Industries, Hennessy Industries. Reply suggestions due by 9/11/2015 unless otherwise directed by the court (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #245 ) (Ryan, James) |
| Filing 249 SUGGESTIONS in opposition re #227 MOTION in limine To Exclude The Expected Testimony Of Doctors Markowitz, Rosner, and Strauchen Regarding Summaries Of Medical Literature And Suggestions In Support, #235 MOTION in limine To Exclude Post-Exposure Insurance Studies And Suggestions In Support, #236 MOTION in limine To Exclude Deposition Testimony of Expert And Lay Witnesses Taken In Other Asbestos Cases And Suggestions In Support, #217 MOTION in limine To Bar Plaintiffs' Expert, Dr. Rosner, From Providing Any Expert Opinions Related To The Design, Composition, Or Standard Of Care Of Defendant's Product And Suggestions In Support, #239 MOTION in limine To Exclude Non-Party Witnesses From Court Room, #216 MOTION in limine To Bar Plaintiffs' Expert, Dr. Markowitz, From Providing Any Expert Opinions Related To The Design, Composition, Or Standard Of Care Of Defendant's Product and Suggestions In Support, #237 MOTION in limine To Exclude Testimony Relating To Medical Damages Or Future Medical Damages And Suggestions In Support, #221 MOTION in limine To Exclude Plaintiffs' Expert's Testimony Based On Facts Not In Evidence, Facts Contrary To Those In Evidence And Speculation And Suggestions In Support, #225 MOTION in limine To Exclude Testimony Of Witnesses Not Properly Disclosed And Suggestions In Support, #233 MOTION in limine To Exclude Evidence Of Irrelevant Extraterritorial Conduct And Suggestions In Support, #220 MOTION in limine To Bar Plaintiffs' Expert, Dr. Strauchen, From Providing A Medical Causation Opinion Against Hennessy Because His Opinion Is Based On Inadmissible Lay Testimony And Suggestions In Support, #240 MOTION in limine To Exclude Reference To Liability Insurance, #242 MOTION in limine To Adopt Motions In Limine Filed By Other Party Defendants, #230 MOTION in limine To Exclude References To And Information Regarding Trade Organizations Of Which It Was Never A Member And Suggestions In Support, #229 MOTION in limine To Exclude Asbestos Dust-Filled Containers As Demonstrative Evidence And Suggestions In Support, #214 MOTION in limine to Exclude Information Regarding the Alleged Health Hazards of Asbestos That Were Not Known to, or in Possession of Defendant, at the Time of Plaintiff's Alleged Exposure and Suggestions in Support, #228 MOTION in limine To Exclude Lay Opinion Testimony Regarding The Content Or Toxicity Of Dust And Suggestions In Support, #234 MOTION in limine To Bar The Introduction Of The EPA "Gold Book" And Suggestions In Support, #224 MOTION in limine To Exclude Evidence Of Subsequent Remedial Measures And Suggestions In Support, #226 MOTION in limine To Bar Post-Alleged Exposure Standards And Suggestions In Support, #222 MOTION in limine To Exclude Cross Examination Of Its Experts Based On Materials Not Read, Reviewed Or Relied Upon And Suggestions In Support, #223 MOTION in limine To Bar All References To Hennessy As An "Asbestos Company" And To Bar Other Irrelevant, Prejudicial References And Suggestions In Support, #231 MOTION in limine To Exclude Documents Of Other Entities And Suggestions In Support, #219 MOTION in limine To Exclude Plaintiffs' Expert's "Every Exposure" Causation Opinions And Suggestions In Support, #232 MOTION in limine To Exclude Evidence Of Ammco Products Not At Issue And Suggestions In Support, #241 MOTION in limine To Exclude Certain Prejudicial Statements And Arguments, #215 MOTION in limine To Exclude Dr. Strauchen From Providing A Medical Causation Opinion In This Case Because He Is Prohibited From Doing So Under Kansas Law And Suggestions In Support, #238 MOTION in limine To Exclude References To Delay In Trial Or Day In Court, #218 MOTION in limine To Bar Plaintiffs' Expert, Dr. Strauchen, From Providing A Medical Causation Opinion Against It Because He Cannot Establish The Extent To Which Ammco's Products Were Designed To Work With Asbestos Containing Materials And Plaintiffs' Oppositions to Defendant Hennessy Industries, Inc's Motions in Limine 1-29 filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 9/8/2015 unless otherwise directed by the court (Related document(s) #227 , #235 , #236 , #217 , #239 , #216 , #237 , #221 , #225 , #233 , #220 , #240 , #242 , #230 , #229 , #214 , #228 , #234 , #224 , #226 , #222 , #223 , #231 , #219 , #232 , #241 , #215 , #238 , #218 ) (Beale, Jason) |
| Filing 248 SUGGESTIONS in opposition re #210 MOTION in limine to Bar References to Defense Counsel as Asbestos Defense Lawyers and to Plaintiff as an Asbestos Victim, #190 MOTION in limine To Bar The Use Of Prior Deposition Testimony, Prior Court Testimony Not Stipulated To By Defendant, And Prior Testimony In Any Form Which Was Not Disclosed Pursuant To Court Rules, #196 MOTION in limine Regarding Evidence of Co-Workers' Injuries or Deaths Related to Asbestos Exposure, #213 MOTION in limine to Adopt Motions In Limine Filed by Other Party Defendants, #205 MOTION in limine to Prohibit Imputed Knowledge of the Purported Hazards of Asbestos Exposure to this Defendant, #191 MOTION in limine To Exclude All Anecdotal Testimony Or Documents Concerning Product Use, Bodily Injury, Death And/Or Other Condition Alleged To Be Asbestos Related, #194 MOTION in limine Regarding Use of the Terms "Asbestos Industry," or "Member of the Asbestos Industry," In The Presence of the Jury, #193 MOTION in limine To Limit Any Evidence of Alleged Discovery Violations of Defendant In Prior Lawsuits, #192 MOTION in limine To Bar Evidence of Conditions At Defendant's Plants, #212 MOTION in limine to Prevent Plaintiffs from Referring to Safety Rules Not Consistent With Legal Standards, #202 MOTION in limine to Exclude Any Testimony, Argument or Evidence that Plaintiff Saw Visible Dust While Utilizing Defendant's Products, #199 MOTION in limine to Exclude Non-Party Witnesses From The Courtroom, #209 MOTION in limine to Bar Any Reference or Comment Concerning the Amount of Money or Time Spent By Defendant in Defending This Matter, #200 MOTION in limine to Prohibit Plaintiffs From Referring to Cross-Claims of Co-Defendants, #201 MOTION in limine to Prohibit Plaintiffs, Counsel, and Witnesses From Asserting that Defendant "Refuses to Take Responsibility" or Similar Comments, #208 MOTION in limine to Bar Argument Regarding Contrasting This Case With a Criminal Case, #203 MOTION in limine to Bar Any Evidence or Argument Regarding Alleged Secondary Exposure and/or Resulting Asbestos-Related Injury to Any of Plaintiffs' Family Members, #197 MOTION in limine to Exclude Evidence of or Reference to Insurance, #207 MOTION in limine to Bar Argument or Reference to Lack of Client Representation at Trial, #204 MOTION in limine to Prohibit Plaintiffs From Referring to "Profits At The Expense of Others", #206 MOTION in limine to Require Twenty-Four Hour Pre-Disclosure for Production of Documents, Video and/or Other Demonstrative Evidence, #195 MOTION in limine To Bar Evidence of Settlement Negotiations, Prior Settlements, and Prior Suits Involving Defendant, #211 MOTION in limine to Determine the Amount of Plaintiff's Paid Medical Bills, #198 MOTION in limine To Exclude Evidence of OSHA Citations, Investigations, Fines, Proceedings and Any and All State Workplace Proceedings, Investigations or Sanction Activities, #189 MOTION in limine To Bar Evidence of Workers' Compensation Claims Filed Against Defendant Plaintiffs' Oppositions to Defendant Caterpillar Inc's Motions in Limine 1-25 filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 9/8/2015 unless otherwise directed by the court (Related document(s) #210 , #190 , #196 , #213 , #205 , #191 , #194 , #193 , #192 , #212 , #202 , #199 , #209 , #200 , #201 , #208 , #203 , #197 , #207 , #204 , #206 , #195 , #211 , #198 , #189 ) (Beale, Jason) |
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Filing 247
ORDER - Plaintiffs' responses to Defendants' motions in limine are due Friday, August 21, 2015. Signed on 8/19/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 8/18/2015 as Document No. 245, Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Martin, Jan) |
| Filing 246 DESIGNATION Page Line Designation by All Plaintiffs filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 245 Second MOTION to amend/correct Complaint filed by Jason Kyle Beale on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/4/2015 unless otherwise directed by the court. (Attachments: #1 Amended Complaint, # 2 Proposed Order)(Beale, Jason) |
| Filing 244 DESIGNATION of Deposition Testimony by Caterpillar, Inc.. (Hall, Eric) |
| Filing 243 DESIGNATION Of Deposition Testimony by Hennessy Industries. (Ryan, James) |
| Filing 242 MOTION in limine To Adopt Motions In Limine Filed By Other Party Defendants filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/31/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 241 MOTION in limine To Exclude Certain Prejudicial Statements And Arguments filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 240 MOTION in limine To Exclude Reference To Liability Insurance filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 239 MOTION in limine To Exclude Non-Party Witnesses From Court Room filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 238 MOTION in limine To Exclude References To Delay In Trial Or Day In Court filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 237 MOTION in limine To Exclude Testimony Relating To Medical Damages Or Future Medical Damages And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 236 MOTION in limine To Exclude Deposition Testimony of Expert And Lay Witnesses Taken In Other Asbestos Cases And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 235 MOTION in limine To Exclude Post-Exposure Insurance Studies And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 234 MOTION in limine To Bar The Introduction Of The EPA "Gold Book" And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ryan, James) |
| Filing 233 MOTION in limine To Exclude Evidence Of Irrelevant Extraterritorial Conduct And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 232 MOTION in limine To Exclude Evidence Of Ammco Products Not At Issue And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 231 MOTION in limine To Exclude Documents Of Other Entities And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 230 MOTION in limine To Exclude References To And Information Regarding Trade Organizations Of Which It Was Never A Member And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 229 MOTION in limine To Exclude Asbestos Dust-Filled Containers As Demonstrative Evidence And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 228 MOTION in limine To Exclude Lay Opinion Testimony Regarding The Content Or Toxicity Of Dust And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 227 MOTION in limine To Exclude The Expected Testimony Of Doctors Markowitz, Rosner, and Strauchen Regarding Summaries Of Medical Literature And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 226 MOTION in limine To Bar Post-Alleged Exposure Standards And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 225 MOTION in limine To Exclude Testimony Of Witnesses Not Properly Disclosed And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 224 MOTION in limine To Exclude Evidence Of Subsequent Remedial Measures And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 223 MOTION in limine To Bar All References To Hennessy As An "Asbestos Company" And To Bar Other Irrelevant, Prejudicial References And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 222 MOTION in limine To Exclude Cross Examination Of Its Experts Based On Materials Not Read, Reviewed Or Relied Upon And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 221 MOTION in limine To Exclude Plaintiffs' Expert's Testimony Based On Facts Not In Evidence, Facts Contrary To Those In Evidence And Speculation And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ryan, James) |
| Filing 220 MOTION in limine To Bar Plaintiffs' Expert, Dr. Strauchen, From Providing A Medical Causation Opinion Against Hennessy Because His Opinion Is Based On Inadmissible Lay Testimony And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 219 MOTION in limine To Exclude Plaintiffs' Expert's "Every Exposure" Causation Opinions And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ryan, James) |
| Filing 218 MOTION in limine To Bar Plaintiffs' Expert, Dr. Strauchen, From Providing A Medical Causation Opinion Against It Because He Cannot Establish The Extent To Which Ammco's Products Were Designed To Work With Asbestos Containing Materials And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ryan, James) |
| Filing 217 MOTION in limine To Bar Plaintiffs' Expert, Dr. Rosner, From Providing Any Expert Opinions Related To The Design, Composition, Or Standard Of Care Of Defendant's Product And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 216 MOTION in limine To Bar Plaintiffs' Expert, Dr. Markowitz, From Providing Any Expert Opinions Related To The Design, Composition, Or Standard Of Care Of Defendant's Product and Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Index 1)(Ryan, James) |
| Filing 215 MOTION in limine To Exclude Dr. Strauchen From Providing A Medical Causation Opinion In This Case Because He Is Prohibited From Doing So Under Kansas Law And Suggestions In Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Index 2)(Ryan, James) |
| Filing 214 MOTION in limine to Exclude Information Regarding the Alleged Health Hazards of Asbestos That Were Not Known to, or in Possession of Defendant, at the Time of Plaintiff's Alleged Exposure and Suggestions in Support filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 213 MOTION in limine to Adopt Motions In Limine Filed by Other Party Defendants filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 212 MOTION in limine to Prevent Plaintiffs from Referring to Safety Rules Not Consistent With Legal Standards filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 211 MOTION in limine to Determine the Amount of Plaintiff's Paid Medical Bills filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 210 MOTION in limine to Bar References to Defense Counsel as Asbestos Defense Lawyers and to Plaintiff as an Asbestos Victim filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 209 MOTION in limine to Bar Any Reference or Comment Concerning the Amount of Money or Time Spent By Defendant in Defending This Matter filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 208 MOTION in limine to Bar Argument Regarding Contrasting This Case With a Criminal Case filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 207 MOTION in limine to Bar Argument or Reference to Lack of Client Representation at Trial filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 206 MOTION in limine to Require Twenty-Four Hour Pre-Disclosure for Production of Documents, Video and/or Other Demonstrative Evidence filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 205 MOTION in limine to Prohibit Imputed Knowledge of the Purported Hazards of Asbestos Exposure to this Defendant filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 204 MOTION in limine to Prohibit Plaintiffs From Referring to "Profits At The Expense of Others" filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 203 MOTION in limine to Bar Any Evidence or Argument Regarding Alleged Secondary Exposure and/or Resulting Asbestos-Related Injury to Any of Plaintiffs' Family Members filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 202 MOTION in limine to Exclude Any Testimony, Argument or Evidence that Plaintiff Saw Visible Dust While Utilizing Defendant's Products filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 201 MOTION in limine to Prohibit Plaintiffs, Counsel, and Witnesses From Asserting that Defendant "Refuses to Take Responsibility" or Similar Comments filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 200 MOTION in limine to Prohibit Plaintiffs From Referring to Cross-Claims of Co-Defendants filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 199 MOTION in limine to Exclude Non-Party Witnesses From The Courtroom filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 198 MOTION in limine To Exclude Evidence of OSHA Citations, Investigations, Fines, Proceedings and Any and All State Workplace Proceedings, Investigations or Sanction Activities filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 197 MOTION in limine to Exclude Evidence of or Reference to Insurance filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 196 MOTION in limine Regarding Evidence of Co-Workers' Injuries or Deaths Related to Asbestos Exposure filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 195 MOTION in limine To Bar Evidence of Settlement Negotiations, Prior Settlements, and Prior Suits Involving Defendant filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 194 MOTION in limine Regarding Use of the Terms "Asbestos Industry," or "Member of the Asbestos Industry," In The Presence of the Jury filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 193 MOTION in limine To Limit Any Evidence of Alleged Discovery Violations of Defendant In Prior Lawsuits filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 192 MOTION in limine To Bar Evidence of Conditions At Defendant's Plants filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 191 MOTION in limine To Exclude All Anecdotal Testimony Or Documents Concerning Product Use, Bodily Injury, Death And/Or Other Condition Alleged To Be Asbestos Related filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 190 MOTION in limine To Bar The Use Of Prior Deposition Testimony, Prior Court Testimony Not Stipulated To By Defendant, And Prior Testimony In Any Form Which Was Not Disclosed Pursuant To Court Rules filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 189 MOTION in limine To Bar Evidence of Workers' Compensation Claims Filed Against Defendant filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 8/28/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 188 NOTICE of appearance by Andrew Ross German on behalf of Caterpillar, Inc. (Attorney Andrew Ross German added to party Caterpillar, Inc.(pty:dft))(German, Andrew) |
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Filing 187
ORDER granting #186 motion to appear pro hac vice approved by Clerk of Court. Attorney James B Hiller for Hennessy Industries allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri)
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| Filing 186 Motion to allow James B. Hiller to appear pro hac vice (Pro Hac fee $50 receipt number Ck 881847) filed by John Keen on behalf of Hennessy Industries. (Russel, Jeri) |
| Filing 185 CERTIFICATE of counsel re #184 Answer to Complaint, Crossclaim by James Hayes Ryan on behalf of Hennessy Industries (Ryan, James) |
| Filing 184 ANSWER to Complaint with Jury Demand , CROSSCLAIM against All Defendants on behalf of Hennessy Industries.(Ryan, James) |
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Filing 183
ORDER granting #181 motion for leave to file. Defendant Hennessy Industries, Inc., shall electronically file its answer on or before August 7, 2015. Signed on 8/5/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 182 CERTIFICATE OF SERVICE by Hennessy Industries re #181 MOTION for leave to file Defendant Hennessy Industries, Inc.'s Unopposed Motion for Leave to File its Answer and Affirmative Defenses to Plaintiff's' First Amended Petition, Crossclaims, Answer to Crossclaims, and Jury Demand filed by James Hayes Ryan on behalf of Defendant Hennessy Industries, Cross Defendant Hennessy Industries. Related document: #181 MOTION for leave to file Defendant Hennessy Industries, Inc.'s Unopposed Motion for Leave to File its Answer and Affirmative Defenses to Plaintiff's' First Amended Petition, Crossclaims, Answer to Crossclaims, and Jury Demand filed by Hennessy Industries.(Ryan, James) |
| Filing 181 MOTION for leave to file Defendant Hennessy Industries, Inc.'s Unopposed Motion for Leave to File its Answer and Affirmative Defenses to Plaintiff's' First Amended Petition, Crossclaims, Answer to Crossclaims, and Jury Demand filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 8/21/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ryan, James) |
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Filing 180
ORDER - Defendant Caterpillar, Inc.'s, motion to dismiss filed in the Circuit Court of Jackson County, Missouri, is withdrawn. Signed on 8/3/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 179 ANSWER to Complaint with Jury Demand , CROSSCLAIM against All Defendants on behalf of Caterpillar, Inc..(Hall, Eric) |
| Filing 178 NOTICE of filing Notice of Withdrawal of its Pending Motion to Dismiss and of Filing its Answer and Affirmative and Other Defenses to Plaintiffs' First Amended Petition, Crossclaims, Answer to Crossclaims, and Jury Demand by Caterpillar, Inc. (Attachments: #1 Exhibit A)(Bieller, Douglas) |
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Filing 177
Order of Dismissal as to Defendants Daimler Trucks North America, LLC, Borg-Warner Morse TEC, LLC as successor-by-merger to Borg-Warner Corporation, and Ford Motor Company. Signed on 7/28/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 176 CERTIFICATE OF SERVICE by Hennessy Industries re #175 Reply Suggestions to Motion, filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #175 Reply Suggestions to Motion, filed by Hennessy Industries.(Ryan, James) |
| Filing 175 REPLY SUGGESTIONS to motion re #162 MOTION to join Co-Defendant's Motion to Bar Plaintiffs' Experts Drs. Markowitz, Rosner and Strauchen filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Related document(s) #162 ) (Ryan, James) |
| Filing 174 SUGGESTIONS in support re #162 MOTION to join Co-Defendant's Motion to Bar Plaintiffs' Experts Drs. Markowitz, Rosner and Strauchen filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. (Attachments: #1 Exhibit Exhibit A)(Related document(s) #162 ) (Beale, Jason) |
| Filing 173 REPLY SUGGESTIONS to motion re #144 MOTION for summary judgment filed by Eric P Hall on behalf of Defendant Caterpillar, Inc. (Related document(s) #144 ) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Hall, Eric) Modified on 4/27/2015 (Carr, Lori). |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 4/27/15 MOTION for summary judgment. Filing party chose the wrong event; event type corrected and motion deadline(s) terminated. This is a text entry only - no document is attached. (Carr, Lori) |
| Filing 172 REPLY SUGGESTIONS to motion re #146 MOTION for summary judgment Motion to Apply Kansas Law filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit H, #8 Exhibit I)(Related document(s) #146 ) (Hall, Eric) (Additional attachment(s) added on 4/21/2015: #9 Exhibit G) (Francis, Alexandra). |
| Filing 171 CERTIFICATE OF SERVICE by Hennessy Industries re #170 Reply Suggestions to Motion,, filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #170 Reply Suggestions to Motion,, filed by Hennessy Industries.(Ryan, James) |
| Filing 170 REPLY SUGGESTIONS to motion re #142 MOTION for summary judgment Hennessy Industries, Inc.'s Reply Suggestions in Support of its Motion for Summary Judgment filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Related document(s) #142 ) (Ryan, James) |
| Filing 169 CERTIFICATE OF SERVICE by Hennessy Industries re #168 Reply Suggestions to Motion, filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #168 Reply Suggestions to Motion, filed by Hennessy Industries.(Ryan, James) |
| Filing 168 REPLY SUGGESTIONS to motion re #140 MOTION for summary judgment To Apply Kansas Law Reply Suggestions to Plaintiffs' Second Brief Regarding Application of Kansas or Missouri Law Raised by Hennessy and Caterpillar filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Related document(s) #140 ) (Ryan, James) |
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Filing 167
ORDER granting #160 motion for leave to file excess pages. Defendant Hennessy Industries, Inc., is granted leave to file fifteen pages of legal argument in support of its motion for summary judgment. Signed on 4/14/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 4/13/2015 as Document No. 164, Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word or WordPerfect format. The CRD for DGK is Alex, her email is Alexandra_francis@mow.uscourts.gov This is a text entry only - no document is attached. (Travis, Kendra) |
| Filing 166 REPLY SUGGESTIONS to motion re #150 MOTION to strike Bar Testimony of Dr. Strauchen filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Related document(s) #150 ) (Hall, Eric) |
| Filing 165 REPLY SUGGESTIONS to motion re #148 MOTION to strike Bar Testimony by Drs. Markowitz and Rosner filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Related document(s) #148 ) (Hall, Eric) |
| Filing 164 STIPULATION of dismissal by Beth New, John New. (Attachments: # 1 Proposed Order)(Beale, Jason) Modified on 4/14/2015 per administrative procedures. Please see docket modification.(Travis, Kendra) |
| Filing 163 CERTIFICATE OF SERVICE by Hennessy Industries re #162 MOTION to join Co-Defendant's Motion to Bar Plaintiffs' Experts Drs. Markowitz, Rosner and Strauchen filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #162 MOTION to join Co-Defendant's Motion to Bar Plaintiffs' Experts Drs. Markowitz, Rosner and Strauchen filed by Hennessy Industries.(Ryan, James) |
| Filing 162 MOTION to join Co-Defendant's Motion to Bar Plaintiffs' Experts Drs. Markowitz, Rosner and Strauchen filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 4/30/2015 unless otherwise directed by the court. (Ryan, James) |
| Filing 161 CERTIFICATE OF SERVICE by Hennessy Industries re #160 MOTION for leave to file excess pages Unopposed Motion to Request an Extended Page Limit for Its Reply to Plaintiffs' Response to Its Motion for Summary Judgment filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #160 MOTION for leave to file excess pages Unopposed Motion to Request an Extended Page Limit for Its Reply to Plaintiffs' Response to Its Motion for Summary Judgment filed by Hennessy Industries.(Ryan, James) |
| Filing 160 MOTION for leave to file excess pages Unopposed Motion to Request an Extended Page Limit for Its Reply to Plaintiffs' Response to Its Motion for Summary Judgment filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 4/27/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Ryan, James) |
| Filing 159 SUGGESTIONS in opposition to motion for summary judgment re #144 MOTION for summary judgment filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 4/27/2015 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Related document(s) #144 ) (Beale, Jason) |
| Filing 158 SUGGESTIONS in opposition re #142 MOTION for summary judgment of Hennessy Industries, INc. filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 4/20/2015 unless otherwise directed by the court (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit i, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Related document(s) #142 ) (Beale, Jason) |
| Filing 157 SUGGESTIONS in opposition re #146 MOTION for summary judgment Motion to Apply Kansas Law, #140 MOTION for summary judgment To Apply Kansas Law filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 4/20/2015 unless otherwise directed by the court (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C)(Related document(s) #146 , #140 ) (Beale, Jason) |
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Filing 156
ORDER granting #155 motion for extension of time to file response/reply. Plaintiffs shall respond to Defendant Caterpillar's Motion for Summary Judgment on or before April 9, 2015. The reply suggestions will be due as indicated on ECF upon the filing of Plaintiffs' response. Signed on 4/1/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 155 MOTION for extension of time to file response/reply as to #145 Suggestions in Support of Motion, #144 MOTION for summary judgment filed by Jason Kyle Beale on behalf of All Plaintiffs. Suggestions in opposition/response due by 4/20/2015 unless otherwise directed by the court. (Related document(s) #145 , #144 ) (Beale, Jason) |
| Filing 154 STIPULATION of dismissal by Borg-Warner Corporation. (McNulty, Carl) |
| Filing 153 SUGGESTIONS in opposition re #150 MOTION to strike Bar Testimony of Dr. Strauchen filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 4/13/2015 unless otherwise directed by the court (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C, #4 Exhibit Exh D, #5 Exhibit Exh E, #6 Exh F, #7 Exhibit Exh G)(Related document(s) #150 ) (Beale, Jason) |
| Filing 152 SUGGESTIONS in opposition re #148 MOTION to strike Bar Testimony by Drs. Markowitz and Rosner filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 4/13/2015 unless otherwise directed by the court (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C, #4 Exhibit Exh D, #5 Exhibit Exh E)(Related document(s) #148 ) (Beale, Jason) |
| Filing 151 SUGGESTIONS in support re #150 MOTION to strike Bar Testimony of Dr. Strauchen filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Related document(s) #150 ) (Hall, Eric) |
| Filing 150 MOTION to strike Bar Testimony of Dr. Strauchen filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 3/26/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 149 SUGGESTIONS in support re #148 MOTION to strike Bar Testimony by Drs. Markowitz and Rosner filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Related document(s) #148 ) (Hall, Eric) |
| Filing 148 MOTION to strike Bar Testimony by Drs. Markowitz and Rosner filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 3/26/2015 unless otherwise directed by the court. (Hall, Eric) |
| Filing 147 SUGGESTIONS in support re #146 MOTION for summary judgment Motion to Apply Kansas Law filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Related document(s) #146 ) (Hall, Eric) |
| Filing 146 MOTION for summary judgment Motion to Apply Kansas Law filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 4/2/2015 unless otherwise directed by the court (Hall, Eric) |
| Filing 145 SUGGESTIONS in support re #144 MOTION for summary judgment filed by Eric P Hall on behalf of Defendant Caterpillar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Related document(s) #144 ) (Hall, Eric) |
| Filing 144 MOTION for summary judgment filed by Eric P Hall on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 4/2/2015 unless otherwise directed by the court (Hall, Eric) |
| Filing 143 SUGGESTIONS in support re #142 MOTION for summary judgment filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Related document(s) #142 ) (Ryan, James) |
| Filing 142 MOTION for summary judgment filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 4/2/2015 unless otherwise directed by the court (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Ryan, James) |
| Filing 141 SUGGESTIONS in support re #140 MOTION for summary judgment To Apply Kansas Law filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Related document(s) #140 ) (Ryan, James) |
| Filing 140 MOTION for summary judgment To Apply Kansas Law filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 4/2/2015 unless otherwise directed by the court (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ryan, James) |
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Filing 139
ORDER granting #138 motion to withdraw as attorney. Attorney Kendall Mossman-Canfield terminated as counsel for Caterpillar, Inc. Signed on 2/27/15 by Chief District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached.(Francis, Alexandra)
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| Filing 138 MOTION to withdraw as attorney filed by Kendall Mossman-Canfield on behalf of Caterpillar, Inc.. Suggestions in opposition/response due by 3/16/2015 unless otherwise directed by the court. (Mossman-Canfield, Kendall) |
| Filing 137 STIPULATION of dismissal by Daimler Trucks North America, LLC. (Grabowski, James) |
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Filing 136
ORDER denying as moot #133 motion to dismiss Freightliner, LLC. Signed on 1/13/15 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 135 NOTICE to take deposition of Hennessy's Expert Tender Mr. Bridge filed by Robert Daniel Connealy on behalf of Defendant Hennessy Industries.(Connealy, Robert) |
| Filing 134 NOTICE to take deposition of Hennessy's Expert Tender of Dr. Harbison filed by Robert Daniel Connealy on behalf of Defendant Hennessy Industries.(Connealy, Robert) |
| Notice of Request for Termination of Electronic Notification. This is a text entry only. (Seigfreid, James) |
| Filing 133 MOTION to dismiss party FREIGHTLINER LLC, individually and as successor n interest to White Motor Co. and Western Star, from the above cause of action filed by Erik Phillip Karst on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/15/2014 unless otherwise directed by the court. (Martin, Jan) |
| Filing 132 NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 11/26/2014 as Document No. 132, Stipulation of Dismissal. The document has been refiled as Doc. #133 using the correct event. The proposed order attached to the motion has been deleted. Per Administrative Procedures wherein it is stated proposed orders should not contain a signature line for the presiding judge. The proposed order should include the electronic signature of both the filing and opposing counsel and emailed to the Courtroom Deputy. This is a text entry only - no document is attached. by John New. (Karst, Erik) Modified on 12/1/2014 to correct event type and docket text (Martin, Jan). |
| Filing 131 CERTIFICATE OF SERVICE by Caterpillar, Inc. of its Case Specific Expert Reports of Dr. Alan Legasto, Dr. Mark Utell, Dr. Mark Roberts and Mr. John Spencer along with their Affidavit, Curriculum Vitae, Testimony List, and Fee Schedule filed by Eric P Hall on behalf of Defendant Caterpillar, Inc..(Hall, Eric) |
| Filing 130 NOTICE to take deposition of Plaintiff's Experts Tender filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 129 CERTIFICATE OF SERVICE by Hennessy Industries Interrogatories to Plaintiffs filed by Robert Daniel Connealy on behalf of Defendant Hennessy Industries.(Connealy, Robert) |
| Filing 128 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Fourth Supplemental Federal Rule 26(a) Disclosures filed by Robert Daniel Connealy on behalf of Defendant Hennessy Industries.(Connealy, Robert) |
| Filing 127 DESIGNATION Expert Report from Dr. Raymond D. Harbison by Hennessy Industries. (Connealy, Robert) |
| Filing 126 DESIGNATION Expert Report from Mr. Dennis Bridge by Hennessy Industries. (Connealy, Robert) |
| Filing 125 DESIGNATION Expert Report of Dr. Russell Darnell by Hennessy Industries. (Connealy, Robert) |
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Filing 124
ORDER granting #123 motion to appear pro hac vice approved by Clerk of Court. Attorney James G Scadden for Hennessy Industries allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri)
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| Filing 123 Motion to allow James G. Scadden to appear pro hac vice (Pro Hac fee $100 receipt number Ck 222810) filed by John Keen on behalf of Hennessy Industries. (Russel, Jeri) Modified on 11/3/2014 to reflect receipt number KCMO043740 (Martin, Jan). |
| Filing 122 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Third Supplemental filed by Robert Daniel Connealy on behalf of Defendant Hennessy Industries.(Connealy, Robert) |
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Filing 121
ORDER granting #82 Navistar Inc.'s motion to dismiss case. Signed on 10/3/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 120
ORDER denying #33 Defendant Hennessy Industries' motion for summary judgment. Signed on 9/12/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 119
Order of dismissal without prejudice as to Federal-Mogul Asbestos Personal Injury Trust only. Motions terminated: #51 MOTION for summary judgment To Apply Kansas Law and #49 MOTION for summary judgment. Signed on 9/2/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 118 SUGGESTIONS in opposition re #51 MOTION for summary judgment To Apply Kansas Law Plaintiffs' Brief Regarding Application of Kansas or Missouri Law Raised by Federal Mogul filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 9/15/2014 unless otherwise directed by the court (Attachments: #1 Exhibit, #2 Exhibit)(Related document(s) #51 ) (Beale, Jason) |
| Filing 117 STIPULATION of dismissal Amended by Federal-Mogul Asbestos Personal Injury Trust. (Fields, Lacy) |
| Filing 116 Reply MOTION to clarify ADDITIONAL BRIEFING ADDRESSING THE CHOICE OF LAW ISSUE RAISED BY DEFENDANT FEDERAL-MOGUL filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 9/15/2014 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Pathology Report, #2 Exhibit 2 - Endless Search for a Solvent Bystander, 23 Widener L. J. 59 (2013), #3 Certificate of Service)(Ryan, James) |
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Filing 115
ORDER - Plaintiffs and Defendant Federal-Mogul Asbestos Personal Injury Trust shall file an amended dated stipulation and shall indicate whether the case is ripe for dismissal now. Plaintiffs and Defendant Hennessy Industries' briefing on the issue of whether Missouri or Kansas law applies to this dispute remains due on or before August 29, 2014. Signed on 8/27/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 114 STIPULATION of dismissal by Federal-Mogul Asbestos Personal Injury Trust. (Fields, Lacy) |
| Filing 113 CERTIFICATE OF SERVICE by Caterpillar, Inc. for Interrogatory to Plaintiff filed by Eric P Hall on behalf of Defendant Caterpillar, Inc..(Hall, Eric) |
| Filing 112 CERTIFICATE OF SERVICE by Caterpillar, Inc. for Interrogatory to Plaintiff filed by Eric P Hall on behalf of Defendant Caterpillar, Inc..(Hall, Eric) |
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Filing 111
ORDER Requesting Additional Briefing. Signed on 8/22/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 110 CERTIFICATE OF SERVICE by Federal-Mogul Asbestos Personal Injury Trust of Discovery filed by Lacy Michelle Fields on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust.(Fields, Lacy) |
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Filing 109
ORDER granting #107 motion to appear pro hac vice approved by Clerk of Court. Attorney Henry Lane Young, II for Federal-Mogul Asbestos Personal Injury Trust allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Copy of ORDER and CM/ECF Registration forms mailed to H. Lane Young II on 6/27/2014. This is a TEXT ONLY ENTRY. No document is attached.(Martin, Jan)
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| Filing 108 DESIGNATION OF MEDIATOR naming E. Thomas Liese(Beale, Jason) |
| Filing 107 Motion to allow H. Lane Young II to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3998818) filed by Lacy Michelle Fields on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Fields, Lacy) |
| Filing 106 NOTICE OF FILING - Joinder in and Adoption of Co-Defendants' Discovery Directed to Plaintiffs, and Adoption of Jackson Co. Uniform Asbestos Discovery (Previously Answered by Plaintiffs) filed by Lacy Michelle Fields on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Fields, Lacy) Modified on 6/18/2014 - corrected docket event and termed as a motion (Francis, Alexandra). |
| Filing 105 NOTICE of appearance by Eric P Hall on behalf of Caterpillar, Inc. (Attorney Eric P Hall added to party Caterpillar, Inc.(pty:dft))(Hall, Eric) |
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Filing 104
Order of Dismissal as to Defendant Pneumo Abex, LLC. Signed on 6/5/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 103 STIPULATION of dismissal by Pneumo Abex Corporation. (Dickerson, Jennifer) |
| NOTICE OF HEARING CANCELLATION - The discovery teleconference scheduled for 6/2/14 @ 2:00 p.m. has been cancelled. (Francis, Alexandra) |
| Filing 102 NOTICE of filing Memorandum Regarding Discovery Dispute by Ford Motor Company re 101 Notice of Hearing,, (Attachments: #1 Exhibit 1)(West, Timothy) |
| Filing 101 NOTICE OF HEARING - This is the official notice for this hearing. Discovery Telephone Conference set for 6/2/2014 02:00 PM in Chambers before Chief District Judge Greg Kays via conference call dial-in established by Defendant Ford Motor Company. The parties shall each file a memorandum on ECF, not exceeding one page, describing the issues and arguments to be addressed during the conference call. Counsel shall attach to the memorandum any disputed discovery materials, including answers and objections. Defendant Ford Motor Company shall file its memorandum on or before 2:00 p.m. on May 23, 2014. The responding party shall file their memorandum on or before 2:00 p.m. on May 27, 2014. (Francis, Alexandra) |
| Filing 100 REPLY SUGGESTIONS to motion re #82 MOTION to dismiss case for Insufficient Service of Process filed by James T. Seigfreid, Jr on behalf of Defendant International Truck & Engine Corporation. (Related document(s) #82 ) (Seigfreid, James) |
| Filing 99 NOTICE to take deposition of CANCELLATION of Robert (Bob) Pearlstein filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 98 DESIGNATION OF MEDIATOR naming Karl Blanchard(Beale, Jason) |
| Filing 97 Amended NOTICE to take deposition of ROBERT PEARLSTEIN filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
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Filing 96
ORDER granting #95 motion to appear pro hac vice approved by Clerk of Court. Attorney Allen E. Lockerman, IV for Federal-Mogul Asbestos Personal Injury Trust allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Signed on 4/28/14 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached.(Bax, Laura)
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| Filing 95 Motion to allow Allen E. Lockerman IV to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3931802) filed by Lacy Michelle Fields on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Fields, Lacy) |
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Filing 94
ORDER granting #93 motion to appear pro hac vice approved by Clerk of Court. Attorney George H Kim for Beth New and John New allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Copy of Order and CM/ECF Registration forms mailed to attorney. This is a TEXT ONLY ENTRY. No document is attached.(Martin, Jan)
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| Filing 93 Motion to allow George Kim to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3930309) filed by Jason Kyle Beale on behalf of All Plaintiffs. (Beale, Jason) |
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Filing 92
ORDER granting #90 motion to appear pro hac vice approved by Clerk of Court. Attorney John J Kurowski for Federal-Mogul Asbestos Personal Injury Trust allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Copy of Order and CM/ECF Registration forms mailed to John Kurwoski. This is a TEXT ONLY ENTRY. No document is attached.(Martin, Jan)
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| Filing 91 SUGGESTIONS in opposition re #82 MOTION to dismiss case for Insufficient Service of Process filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 5/12/2014 unless otherwise directed by the court (Attachments: #1 Exhibit Aug 9, 2012 EMail, #2 Exhibit Aug 29, 2012 EMail, #3 Exhibit Aug 31, 2012 EMail, #4 Exhibit Sept 18, 2012 EMail, #5 Exhibit Oct 2, 2012 EMail, #6 Exhibit Oct 26, 2012 EMail, #7 Exhibit Oct 30, 2012 EMail, #8 Exhibit Nov 19, 2012 EMail, #9 Exhibit Dec 9, 2012 EMail, #10 Exhibit Feb 25, 2013 Ltr to Court)(Related document(s) #82 ) (Beale, Jason) |
| Filing 90 Motion to allow John J. Kurowski to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3927152) filed by Lacy Michelle Fields on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Fields, Lacy) |
| Filing 89 REPLY SUGGESTIONS to motion re #49 MOTION for summary judgment filed by Lacy Michelle Fields on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Related document(s) #49 ) (Fields, Lacy) |
| RECEIPT number KCMO039147 in the amount of $100 issued to Gordon & Rees LLP fbo: Robert Connealy pro hac vice fee. (Martin, Jan) |
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Filing 88
ORDER granting #87 motion to appear pro hac vice approved by Clerk of Court. Attorney Robert Daniel Connealy for Hennessy Industries allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri)
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| Filing 87 Motion to allow Robert Daniel Connealy to appear pro hac vice (Pro Hac fee $100 receipt number Ck 222172) filed by John Keen on behalf of Hennessy Industries. (Russel, Jeri) |
| Filing 86 DESIGNATION OF MEDIATOR naming Karl Blanchard(Beale, Jason) |
| Filing 85 NOTICE of appearance by Carl P. McNulty, II on behalf of Borg-Warner Corporation (McNulty, Carl) |
| Filing 84 ANSWER to Complaint on behalf of International Truck & Engine Corporation.(Seigfreid, James) |
| Filing 83 SUGGESTIONS in support re #82 MOTION to dismiss case for Insufficient Service of Process filed by James T. Seigfreid, Jr on behalf of Defendant International Truck & Engine Corporation. (Related document(s) #82 ) (Seigfreid, James) |
| Filing 82 MOTION to dismiss case for Insufficient Service of Process filed by James T. Seigfreid, Jr on behalf of International Truck & Engine Corporation. Suggestions in opposition/response due by 4/24/2014 unless otherwise directed by the court. (Seigfreid, James) |
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Filing 81
ORDER granting #79 Motion for Extension of Time to Answer. The dismissal without prejudice entered February 28, 2014 (Doc. 56) is withdrawn. Defendant is granted leave through and including April 7, 2014, within which to file its answer to Plaintiff's amended petition. Signed on 4/3/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 80
ORDER - Attorneys M. Ann Hatch, Don Ward, Eric P. Hall, Phillip M. Eisele, Thomas L. Orris and Mary D. Rychnovsky are terminated as counsel for Defendants Borg-Warner Corporation, Caterpillar, Inc., Daimler Trucks North America, LLC, and Pneumo Abex Corporation. The Court notes that these defendants are represented by other counsel properly admitted to the Western District of Missouri. Signed on 4/3/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 79 MOTION for extension of time to file answer out of time filed by James T. Seigfreid, Jr on behalf of International Truck & Engine Corporation. Suggestions in opposition/response due by 4/21/2014 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Attorney James T. Seigfreid, Jr added to party International Truck & Engine Corporation(pty:dft))(Seigfreid, James) |
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Filing 78
SCHEDULING ORDER:Fact Discovery due by 9/2/2014. Expert discovery due by 1/20/15. Dispositive Motions due by 3/9/2015. Pretrial Conference set for 9/1/2015 10:00 AM via telephone conference initiated by plaintiffs' counsel. Jury Trial set for 9/28/2015 08:00 AM in Courtroom 8D, Kansas City (DGK) before Chief District Judge Greg Kays. Signed on 4/1/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 77 SUGGESTIONS in opposition to motion for summary judgment re #49 MOTION for summary judgment Declaration of J. Kyle Beale filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 4/14/2014 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #49 ) (Beale, Jason) |
| Filing 76 DESIGNATION OF MEDIATOR naming Bill Sanders, Jr.(Beale, Jason) |
| Filing 75 NOTICE to take deposition of Robert (Bob) Pearlstein filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
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Filing 74
ORDER - Plaintiffs shall respond to the pending motions for summary judgment on or before April 2, 2014. Failure to file a response may result in the Court ruling on the motions from the existing record without further notice to Plaintiffs. Signed on 3/26/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 73
Order of Dismissal as to Georgia Pacific, LLC f/k/a Georgia Pacific Corporation. Signed on 3/25/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 72 RESPONSE to motion re #65 MOTION to dismiss party Georgia Pacific LLC fka Georgia Pacific Corporation filed by Brandon L. Corl on behalf of Defendant Georgia Pacific Corporation. Reply suggestions due by 4/11/2014 unless otherwise directed by the court (Corl, Brandon) |
| Filing 71 CERTIFICATE OF SERVICE by Hennessy Industries re #70 Disclosure of corporate interests filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #70 Disclosure of corporate interests filed by Hennessy Industries.(Ryan, James) |
| Filing 70 DISCLOSURE OF CORPORATE INTERESTS filed by James Hayes Ryan on behalf of Defendant Hennessy Industries.(Ryan, James) |
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Filing 69
ORDER - Plaintiffs' claims against Union Carbide Corporation are dismissed with prejudice, with each party to bear their own costs and fees. Signed on 3/24/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 68 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Supplemental filed by Lacy Michelle Fields on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust.(Fields, Lacy) |
| Filing 67 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jennifer L. Dickerson on behalf of Defendant Pneumo Abex Corporation.(Dickerson, Jennifer) |
| Filing 66 DISCLOSURE OF CORPORATE INTERESTS filed by Jennifer L. Dickerson on behalf of Defendant Pneumo Abex Corporation.(Dickerson, Jennifer) |
| Filing 65 MOTION to dismiss party Georgia Pacific LLC fka Georgia Pacific Corporation filed by Jason Kyle Beale on behalf of All Plaintiffs. Suggestions in opposition/response due by 4/10/2014 unless otherwise directed by the court. (Beale, Jason) |
| Filing 64 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES of Defendant Caterpillar Inc. filed by Brian Joseph Huelsmann on behalf of Defendant Caterpillar, Inc..(Huelsmann, Brian) |
| Filing 63 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Timothy Ray West on behalf of Defendant Ford Motor Company.(West, Timothy) |
| Filing 62 NOTICE of filing by Beth New, John New (Beale, Jason) |
| Filing 61 NOTICE to take deposition of Robert (Bob) Pearlstein filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 60 PROPOSED SCHEDULING ORDER by Beth New, John New. (Beale, Jason) |
| Filing 59 NOTICE of voluntary dismissal by All Plaintiffs (Beale, Jason) |
| Filing 58 CERTIFICATE OF SERVICE by Ford Motor Company filed by Timothy Ray West on behalf of Defendant Ford Motor Company.(West, Timothy) |
| Filing 57 NOTICE of appearance by Jennifer L. Dickerson on behalf of Pneumo Abex Corporation (Attorney Jennifer L. Dickerson added to party Pneumo Abex Corporation(pty:dft))(Dickerson, Jennifer) |
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Filing 56
Order of Dismissal without prejudice as to: Dana Companies, LLC; Freightliner, LLC; Hollingsworth & Vose Company; Honeywell International, Inc. f/k/a AlliedSignal, Inc.; International Truck & Engine Corporation; Mack Trucks, Inc.; Paccar, Inc.; and Volvo Trucks North America, Inc. Signed on 2/28/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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Filing 55
ORDER - It appears the following attorneys have not been admitted or are not currently active in the Western District of Missouri: M. Ann Hatch; Don Ward; Eric P. Hall; Phillip M. Eisele; Thomas L. Orris and Mary D. Rychnovsky. These attorneys shall complete the appropriate paperwork to be admitted (including pro hac vice) or bring their status active on or before March 17, 2014. Signed on 2/28/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 54 NOTICE of appearance by Kendall Mossman-Canfield on behalf of Caterpillar, Inc. (Attorney Kendall Mossman-Canfield added to party Caterpillar, Inc.(pty:dft))(Mossman-Canfield, Kendall) |
| SUMMONS ISSUED as to Honeywell International, Inc.. (Houston, Kiambu) |
| Filing 53 DESIGNATION State of the Art Experts by All Plaintiffs filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| SUMMONS ISSUED as to Dana Companies, LLC, Freightliner, LLC, International Truck & Engine Corporation, Paccar, Inc. (Chorny, Traci) |
| Filing 52 SUGGESTIONS in support re #51 MOTION for summary judgment To Apply Kansas Law filed by Lacy Michelle Fields on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #51 ) (Fields, Lacy) |
| Filing 51 MOTION for summary judgment To Apply Kansas Law filed by Lacy Michelle Fields on behalf of Federal-Mogul Asbestos Personal Injury Trust. Suggestions in opposition/response due by 3/17/2014 unless otherwise directed by the court (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Fields, Lacy) |
| Filing 50 SUGGESTIONS in support re #49 MOTION for summary judgment filed by Lacy Michelle Fields on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #49 ) (Fields, Lacy) |
| Filing 49 MOTION for summary judgment filed by Lacy Michelle Fields on behalf of Federal-Mogul Asbestos Personal Injury Trust. Suggestions in opposition/response due by 3/17/2014 unless otherwise directed by the court (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Attorney Lacy Michelle Fields added to party Federal-Mogul Asbestos Personal Injury Trust(pty:dft))(Fields, Lacy) |
| Filing 48 STATUS REPORT by Beth New, John New. (Beale, Jason) |
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Filing 47
ORDER - The parties shall file a joint report on or before February 18, 2014, listing each party (regardless of whether they are currently represented) and their respective attorneys of record, including addresses and the dates of service of Plaintiff's amended complaint. Signed on 2/12/14 by Chief District Judge Greg Kays. (Francis, Alexandra)
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| Filing 46 Rule 16 Notice. Proposed scheduling order due by 3/14/2014. Rule 26 conference due by 3/10/2014. Signed on 2/7/14 by Chief District Judge Greg Kays. (Francis, Alexandra) |
| Filing 45 Amended NOTICE to take deposition of Dr. Russell Darnell filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 44 NOTICE to take deposition of Dr. Russell Darnell filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 43 CERTIFICATE OF SERVICE by Hennessy Industries re #42 Reply Suggestions to Motion filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. Related document: #42 Reply Suggestions to Motion filed by Hennessy Industries.(Ryan, James) |
| Filing 42 REPLY SUGGESTIONS to motion re #33 MOTION for summary judgment filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Related document(s) #33 ) (Ryan, James) |
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Filing 41
ORDER granting #39 and #40 motions to appear pro hac vice approved by Clerk of Court. Attorneys Douglas D. Von Oiste and Jason M. Ministrelli for Beth New allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorneys. Signed on January 10, 2014 by Clerk of Court. (Wheeler, LaTandra)
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| Filing 40 Motion to allow Jason M. Ministrelli to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3792104) filed by Jason Kyle Beale on behalf of John New. (Beale, Jason) |
| Filing 39 Motion to allow Douglas von Oiste to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3791869) filed by Jason Kyle Beale on behalf of John New. (Beale, Jason) |
| Filing 38 SUGGESTIONS in opposition to motion for summary judgment re #33 MOTION for summary judgment filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 1/21/2014 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Related document(s) #33 ) (Beale, Jason) |
| Filing 37 STATUS REPORT by John New. (Beale, Jason) |
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Filing 36
ORDER - Plaintiffs shall respond to Defendant Henessy Industries' motion for summary judgment on or before January 3, 2014. Failure to file a response may result in the Court ruling on the motion from the existing record without further notice to Plaintiffs. Signed on 12/20/13 by District Judge Greg Kays. (Francis, Alexandra)
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Filing 35
ORDER - Plaintiffs shall file a status report regarding service of the complaint upon Defendants Dana Companies, LLC, Freightliner, LLC, Hollingsworth & Voss Company, Honeywell International, Inc., International Truck & Engine Corporation, Mack Trucks, Inc., Paccar, Inc., Pneumo Abex Corporation, and Volvo Trucks North America, Inc., on or before December 19, 2013. Signed on 11/19/13 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 34 SUGGESTIONS in support re #33 MOTION for summary judgment filed by James Hayes Ryan on behalf of Defendant Hennessy Industries. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #33 ) (Ryan, James) |
| Filing 33 MOTION for summary judgment filed by James Hayes Ryan on behalf of Hennessy Industries. Suggestions in opposition/response due by 12/12/2013 unless otherwise directed by the court (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ryan, James) |
| Filing 32 CERTIFICATE OF SERVICE by Hennessy Industries Expert Report of Russell Darnell, PhD., EdD, MBA, BSE, C.A.I. Pursuant to Federal Rules of Civil Procedure 26(a)(2)(B) filed by James Hayes Ryan on behalf of Defendant Hennessy Industries.(Ryan, James) |
| Filing 31 CERTIFICATE OF SERVICE by Hennessy Industries First Supplemental Federal Rule 26(a) Disclosures filed by James Hayes Ryan on behalf of Defendant Hennessy Industries.(Ryan, James) |
| Filing 30 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Stephanie M. Galetti on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust.(Galetti, Stephanie) |
| Filing 29 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New.(Beale, Jason) |
| Filing 28 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by James Hayes Ryan on behalf of Defendant Hennessy Industries.(Ryan, James) |
| Filing 27 DISCLOSURE OF CORPORATE INTERESTS filed by Kent L Plotner on behalf of Defendant Daimler Trucks North America, LLC.(Plotner, Kent) |
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Filing 26
ORDER granting #18 motion for summary judgment as to KCG, Inc. Signed on 9/25/13 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 25 RESPONSE to motion filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. Reply suggestions due by 10/11/2013 unless otherwise directed by the court. (Related document(s) #18 ) (Beale, Jason) Modified on 9/25/2013 to correct docket text event (Wheeler, LaTandra). |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 09/20/2013 as Document No. 24, SUGGESTIONS in support. The document has been deleted as the incorrect document was filed. The document filed was a duplicate of Doc. No. 19, SUGGESTIONS in support filed by E. Wayne Taff on behalf of KCG, Inc.; Counsel will need to refile the correct document. This is a text entry only - no document is attached. (Wheeler, LaTandra) |
| Filing 24 DELETED - SUGGESTIONS in support re #18 MOTION for summary judgment of KCG, Inc. filed by Jason Kyle Beale on behalf of Plaintiffs Beth New, John New. (Related document(s) #18 ) (Beale, Jason)**** Modified on 9/23/2013 to delete document as it is a duplicate fiing of Doc. No.19, SUGGESTIONS in support (Wheeler, LaTandra). |
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Filing 23
ORDER - Plaintiffs shall respond to the motion for summary judgment on or before September 27, 2013. Failure to file a response may result in the Court ruling on the motion from the existing record without further notice to Plaintiffs. Signed on 9/18/13 by District Judge Greg Kays. (Francis, Alexandra)
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Filing 22
ORDER granting #21 motion to appear pro hac vice approved by Clerk of Court. Attorney James Hayes Ryan for Hennessy Industries allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri)
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| Filing 21 Motion to allow James Hayes Ryan to appear pro hac vice (Pro Hac fee $100 receipt number Check 221774) filed by John Keen on behalf of Hennessy Industries. (Russel, Jeri) |
| Filing 20 NOTICE of appearance by Kent L Plotner on behalf of Daimler Trucks North America, LLC (Plotner, Kent) |
| Filing 19 SUGGESTIONS in support re #18 MOTION for summary judgment of KCG, Inc. filed by E. Wayne Taff on behalf of Defendant KCG, Inc.. (Related document(s) #18 ) (Taff, E.) |
| Filing 18 MOTION for summary judgment of KCG, Inc. filed by E. Wayne Taff on behalf of KCG, Inc.. Suggestions in opposition/response due by 8/29/2013 unless otherwise directed by the court (Taff, E.) |
| Filing 17 DISCLOSURE OF CORPORATE INTERESTS filed by Mary Ann Hatch on behalf of Defendant Borg-Warner Corporation.(Hatch, Mary) |
| Filing 16 NOTICE of appearance by Mary Ann Hatch on behalf of Borg-Warner Corporation (Hatch, Mary) Modified on 7/31/2013 to correct docket text event and delete suggestions in opposition/response due date (Wheeler, LaTandra). |
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Filing 15
ORDER granting #14 Jason Kyle Beale's motion to appear pro hac vice approved by Clerk of Court. This entry will serve as authorization for the pro hac participation by the attorney. Signed on 7/25/2013 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached.(Chorny, Traci)
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| Filing 14 Motion to allow Jason Kyle Beale to appear pro hac vice (Pro Hac fee $100 receipt number KCMO032822) filed by Jason Kyle Beale on behalf of Beth New, John New. (Chorny, Traci) |
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Filing 13
ORDER granting #12 Erik Phillip Karst's motion to appear pro hac vice approved by Clerk of Court. This entry will serve as authorization for the pro hac participation by the attorney. Signed on 7/25/2013 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached.(Chorny, Traci)
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| Filing 12 Motion to allow Erik Phillip Karst to appear pro hac vice (Pro Hac fee $100 receipt number KCMO032821) filed by Erik Karst on behalf of Beth New, John New. (Chorny, Traci) |
| Filing 11 NOTICE of appearance by Brandon L. Corl on behalf of Georgia Pacific Corporation (Corl, Brandon) |
| Filing 10 NOTICE of appearance by Todd M. Johnson on behalf of Georgia Pacific Corporation (Johnson, Todd) |
| Filing 9 NOTICE of appearance by Robert P Numrich on behalf of Georgia Pacific Corporation (Numrich, Robert) |
| Filing 8 DISCLOSURE OF CORPORATE INTERESTS filed by Brian Joseph Huelsmann on behalf of Defendant Caterpillar, Inc..(Huelsmann, Brian) |
| Filing 7 NOTICE of appearance by Brian Joseph Huelsmann on behalf of Caterpillar, Inc. (Huelsmann, Brian) |
| Filing 6 ANSWER to Complaint with Jury Demand (to First Amended Petition) on behalf of Ford Motor Company.(DiVita, Nicholas) |
| Filing 5 DISCLOSURE OF CORPORATE INTERESTS filed by E. Wayne Taff on behalf of Defendant KCG, Inc..(Taff, E.) |
| Filing 4 DISCLOSURE OF CORPORATE INTERESTS and Certification of Interested Entities or Persons filed by Stephanie M. Galetti on behalf of Defendant Federal-Mogul Asbestos Personal Injury Trust.(Galetti, Stephanie) |
| Filing 3 NOTICE of appearance by Stephanie M. Galetti on behalf of Federal-Mogul Asbestos Personal Injury Trust (Galetti, Stephanie) |
| Filing 2 Notice of EAP assignment to an outside mediator. Service of this Notice, along with the EAP General Order were emailed to Kirk McCabe at kmccabe@mccabefirm.com and Erik Karst at Epk@karstvonoiste.com. Copies were also mailed to J. Kyle Beale, Karst & von Oiste LLP, 19500 Hwy 249, Ste 420, Houston, TX 77070. (Attachments: #1 EAP General Order)(Chorny, Traci) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County County, case number 1216-CV13408, filed by Timothy Ray West on behalf of Ford Motor Company. Filing fee $ 400, receipt number 0866-3591269. (Attachments: #1 Civil Cover Sheet, #2 State Court Petition, #3 Disclosure of Corporate Interests, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V)(West, Timothy) |
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