Love et al v. BNSF Railway Company et al
| Leonard D. Love and Karen L. Morey |
| BNSF Railway Company, Robinson Insulation Company, Grogan Robinson Lumber Company, General Electric Company, Goodrich Corporation, Honeywell International, Inc., IMO Industries, Inc., Lockheed Martin Corporation, The Goodyear Tire & Rubber Co., RTX Corporation, Eaton Aeroquip, LLC, Parker Hannifin Corporation, Meritor, Inc., Morse Tec LLC, Carlisle Industrial Brake & Friction, Inc, Caterpillar, Inc., Cummins, Inc., Daimler Truck North America, LLC, DCo LLC, Deere & Company, Eaton Corporation, Genuine Parts Company d/b/a National Automotive Parts Association (a/k/a NAPA) and Rayloc, a division of NAPA, a Georgia corporation, Mack Trucks, Inc., Navistar, Inc., Paccar, Inc. d/b/a Kenworth Truck Company and Peterbilt Truck Company, a Delaware corporation, Pneumo Abex LLC, Hobart Brothers LLC, Lincoln Electric Company, Kaiser Gypsum Company, Inc., Union Carbide Corporation, Murco Wall Products, Inc., The Sherwin Williams Company, KCG, Inc., Welco Manufacturing Company and Does A-Z |
| 4:2023cv00059 |
| September 29, 2023 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 168
ORDER: Upon review of Plaintiff Leonard D. Love #166 Motion to Vacate December 4, 2023, Motions Hearing and good cause appearing therefore, Plaintiff's Motion is hereby GRANTED. IT IS HEREBY ORDERED that the Motions Hearing set for December 4, 2023 is hereby VACATED. Signed by Judge Brian Morris on 11/27/2023. (ACC)
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Filing 167
ORDER DISMISSING PARTIES: Upon review of Plaintiff's #165 Motion to Dismiss the Claims of Leonard D. Love without Prejudice, and good cause appearing therefore, Plaintiffs Motion is hereby GRANTED. IT IS HEREBY ORDERED that Plaintiff's, Leonard D. Love's, claims are DISMISSED WITHOUT PREJUDICE. All parties are to bear their own fees and costs. Signed by Judge Brian Morris on 11/27/2023. (ACC)
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| Filing 166 UNOPPOSED MOTION to Vacate 148 Order Setting Hearing on Motion . Ethan A. Welder appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Attachments: #1 Text of Proposed Order Proposed Order) (Welder, Ethan) Modified on 11/21/2023 to add Unopposed (ACC). |
| Filing 165 MOTION to Dismiss Leonard D. Love Claims. Ethan A. Welder appearing for Plaintiff Leonard D. Love. (Attachments: #1 Text of Proposed Order Proposed Order) (Welder, Ethan) |
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Filing 164
ORDER granting #159 Motion to Appear Pro Hac Vice for Attorney Brian T. Clark. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 12/5/2023. Signed by Judge Brian Morris on 11/20/2023. (KAH)
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| Filing 163 NOTICE by Murco Wall Products, Inc. re 148 Order Setting Hearing on Motion,,, Notice to Appear by Zoom (Stepp, Katherine) |
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Filing 162
ORDER granting #161 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED that Plaintiffs' Combined Response to Defendants' Motion to Dismiss shall be filed on November 29, 2023. Signed by Judge Brian Morris on 11/20/2023. (ACC)
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| Filing 161 Unopposed MOTION for Extension of Time to File Response/Reply as to #141 MOTION to Dismiss for Lack of Jurisdiction , #138 MOTION to Dismiss for Lack of Jurisdiction . Ethan A. Welder appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Attachments: #1 Text of Proposed Order Proposed Order) (Welder, Ethan) |
| Filing 160 NOTICE by Deere & Company re 148 Order Setting Hearing on Motion,,, (Tuntland, Kirsten) |
| Filing 159 MOTION Brian T. Clark to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3162532.). Martin S. King appearing for Defendant Lockheed Martin Corporation. (Attachments: #1 Declaration of Brian T. Clark, #2 Text of Proposed Order) (King, Martin) |
| Filing 158 NOTICE of Voluntary Dismissal by Leonard D. Love (Welder, Ethan) |
| Filing 157 Brief/Memorandum in Support re #156 MOTION to Dismiss for Lack of Jurisdiction filed by Hobart Brothers LLC. (Attachments: #1 Exhibit Affidavit of David Knoll, #2 Exhibit Affidavit of Bob Bilokonsky) (Evenson, Kirk) |
| Filing 156 MOTION to Dismiss for Lack of Jurisdiction . Kirk D. Evenson appearing for Defendant Hobart Brothers LLC. (Evenson, Kirk) |
| Filing 155 Brief/Memorandum in Support re #154 MOTION to Dismiss for Lack of Jurisdiction filed by Lincoln Electric Company. (Attachments: #1 Exhibit Affidavit of John Schuster, #2 Exhibit Affidavit of Aimee Trusso) (Evenson, Kirk) |
| Filing 154 MOTION to Dismiss for Lack of Jurisdiction . Kirk D. Evenson appearing for Defendant Lincoln Electric Company. (Evenson, Kirk) |
| Filing 153 NOTICE by Genuine Parts Company re 148 Order Setting Hearing on Motion,,, Notice to Appear by Zoom (Ridgeway, Susan) |
| Filing 152 NOTICE by BNSF Railway Company to Appear by ZOOM re 148 Order Setting Hearing on Motion. (Nicastro, Anthony) Modified on 11/16/2023 to add text (ACC). |
| Filing 151 NOTICE by Honeywell International, Inc. re 148 Order Setting Hearing on Motion,,, to appear by Zoom (Sorenson Brotten, Elizabeth) |
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Filing 150
ORDER: Plaintiff's #34 Motion and Emergency Request for Declaratory Relief to Uphold Their Right Not to be Compelled to Submit to Autopsy or Other Destructive Dissection is DENIED without prejudice. Signed by Judge Brian Morris on 11/16/2023. (ACC)
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| Filing 149 NOTICE by Navistar, Inc. re 148 Order Setting Hearing on Motion,,, to Appear by Zoom (Oie, Joshua) |
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Filing 148
TEXT ORDER Setting Hearing on Motion #26 MOTION to Dismiss , #141 MOTION to Dismiss for Lack of Jurisdiction , #77 MOTION to Dismiss for Lack of Jurisdiction , #68 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss for Lack of Jurisdiction , #73 MOTION to Dismiss for Lack of Jurisdiction , #37 MOTION to Dismiss for Lack of Jurisdiction , #138 MOTION to Dismiss for Lack of Jurisdiction : IT IS HEREBY ORDERED that a Motion Hearing is set for 12/4/2023 at 01:30 PM at the Paul Hatfield Federal Courthouse in Helena, MT before Judge Brian Morris. Parties that wish to appear remotely will file a notice with the Court, and the Clerk of Court's Office will provide the Zoom link. Signed by Judge Brian Morris on 11/15/2023. (SLL)
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| Filing 147 ANSWER to #22 Complaint with Jury Demand by IMO Industries, Inc.. (Neubauer, Heather) |
| Filing 146 NOTICE of Voluntary Dismissal by Leonard D. Love (Welder, Ethan) |
| Filing 145 Corporate Disclosure Statement by Honeywell International, Inc. identifying Other Affiliate Bendix Autolite Corporation, Other Affiliate Allied Chemical & Dye Corp., Other Affiliate Bendix Corporation, Other Affiliate AlliedSignal, Inc. for Honeywell International, Inc... (Sorenson Brotten, Elizabeth) |
| Filing 144 NOTICE of Voluntary Dismissal by Leonard D. Love (Welder, Ethan) |
| Filing 143 Notice of Correction: re #142 MOTION to Dismiss for Lack of Jurisdiction . The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (ACC) |
| Filing 142 BRIEF IN SUPPORT of #141 MOTION to Dismiss for Lack of Jurisdiction . Kirsten Tuntland appearing for Defendant Deere & Company. (Tuntland, Kirsten) Modified on 11/6/2023 to terminate motion and update docket text to reflect document is a Brief (ACC). |
| Filing 141 MOTION to Dismiss for Lack of Jurisdiction . Kirsten Tuntland appearing for Defendant Deere & Company. (Tuntland, Kirsten) |
| Filing 140 NOTICE of Acknowledgment of Pro Hac Vice Order by RTX Corporation re #50 Order on Motion to Appear Pro Hac Vice, (Wilson, Lance) |
| Filing 139 Brief/Memorandum in Support re #138 MOTION to Dismiss for Lack of Jurisdiction filed by The Sherwin Williams Company. (Attachments: #1 Exhibit Declaration) (Ranta, Katie) |
| Filing 138 MOTION to Dismiss for Lack of Jurisdiction . Katie Rose Ranta appearing for Defendant The Sherwin Williams Company. (Ranta, Katie) |
| Filing 137 ANSWER to #22 Complaint with Jury Demand by Honeywell International, Inc.. (Sorenson Brotten, Elizabeth) |
| Filing 136 Corporate Disclosure Statement by Goodrich Corporation identifying Corporate Parent RTX Corporation for Goodrich Corporation.. (Davis, Maxon) |
| Filing 135 ANSWER to #22 Complaint with Jury Demand by Goodrich Corporation. (Davis, Maxon) |
| Filing 134 NOTICE of Voluntary Dismissal by Leonard D. Love (Welder, Ethan) |
| Filing 133 MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 10/31/2023: Counsel John Lacey (in person), Jinnifer Mariman and Sam Taylor (by ZOOM), present on behalf of Plaintiff; Counsel Anthony Nicastro appearing on behalf of BNSF Railway Co, Counsel Elizabeth Brotten appearing on behalf of Cummins Inc and Honeywell International Inc, Counsel Kirk Evenson and Tyler Waite appearing on behalf of General Electric Co, Hobart Brother LLC and Lincoln Electric Co, Counsel Deborah Parker and Martin King appearing on behalf of Lockheed Martin Corp, Counsel Cynthia Brooks appearing on behalf of The Goodyear Tire & Rubber Co and Welco Manufacturing Co, Counsel Nathan Huey appearing on behalf of Meritor Inc, Paccar Inc and RTX Corp, Counsel Peter Ivins, Susan Miltko and David Strup appearing on behalf of Eaton Aeroquip LLC and Eaton Corp, Counsel Marshall Hill appearing on behalf of DCo LLC, Pneumo Abex LLC and Union Carbide Corp, Counsel Heather Neubauer appearing on behalf of Mack Truck, Inc and KCG Inc, Counsel Joshua Oie appearing on behalf of Navistar Inc, Counsel Nicholas Pagnotta appearing on behalf of Murco Wall Products Inc, Counsel Susan Ridgeway appearing on behalf of Genuine Parts Co; all appearing by ZOOM. Counsel Maxon Davis appearing on behalf of Goodrich Corp, Parker Hannifin Corp and Kaiser Gypsum Co Inc; present in person. This hearing is with regard to #34 Plaintiffs Emergency Request for Declaratory Relief filed by Leonard Love and Karen Morey. Counsel Lacey, Counsel Nicastro (BNSF) and Counsel Deborah Parker (Lockheed Martin Corp) with argument. This matter is submitted an Order will be issued. Hearing commenced at 1:40 p.m. and concluded at 2:53 p.m. (Court Reporter Y. Heinze) (Law Clerk: A. Sterup), (Hearing held in Charles Pray Crtrm (Great Falls)) (ACC) |
| Terminate Deadlines as to #34 Response ddl 10/27/23 (ACC) |
| Filing 132 NOTICE by Leonard D. Love, Karen L. Morey re #34 Emergency MOTION Plaintiffs' Emergency Request for Declaratory Relief to Uphold Their Right Not To Be Compelled To Submit To Autopsy or Other Destructive Dissection of Supplemental Authority (Attachments: #1 Exhibit A - Declaration of Claire Michael, MD) (Mariman, Jinnifer) |
| Filing 131 Corporate Disclosure Statement by Union Carbide Corporation identifying Corporate Parent Dow, Inc., Corporate Parent Dow Chemical Corp. for Union Carbide Corporation.. (Hellbusch, Ronald) |
| Filing 130 ANSWER to #22 Complaint with Jury Demand by Union Carbide Corporation. (Hellbusch, Ronald) |
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Filing 129
ORDER granting #127 Motion for Leave to Appear to Appear by Zoom. Zoom link emailed to counsel. Signed by Judge Brian Morris on 10/30/2023. (KAH)
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| Filing 128 NOTICE of Acknowledgment of Pro Hac Vice Order by DCo LLC, Pneumo Abex LLC, Union Carbide Corporation re #59 Order on Motion to Appear Pro Hac Vice, (Hellbusch, Ronald) |
| Filing 127 Unopposed MOTION for Leave to Appear by Zoom . Heather Holland Neubauer appearing for Defendants KCG, Inc., Mack Trucks, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order in Support of Motion for Remote Appearance) (Neubauer, Heather) |
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Filing 126
ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE COMBINED RESPONSE TO DEFENDANTS MOTIONS TO DISMISS. Upon review of Plaintiffs Unopposed Motion for Extension of Time to File Combined Response to Lockheed Martin Corporation; Murco Wall Products, Inc.; RTX Corporation; Eaton Aeroquip, LLC; Meritor, Inc.; and Paccar, Incs (Defendants) Motions to Dismiss, and good cause appearing therefor, Plaintiffs Motion is hereby GRANTED. IT IS HEREBY ORDERED that Plaintiffs Combined Response to Defendants Motion to Dismiss shall be filed on November 29, 2023. Signed by Judge Brian Morris on 10/30/2023. (TLO)
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| Filing 125 Unopposed MOTION for Extension of Time to File Response/Reply as to #73 MOTION to Dismiss for Lack of Jurisdiction , #77 MOTION to Dismiss for Lack of Jurisdiction , #26 MOTION to Dismiss , #68 MOTION to Dismiss for Lack of Jurisdiction , #37 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss for Lack of Jurisdiction . Jinnifer Jeresek Mariman appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Attachments: #1 Text of Proposed Order Proposed Order) (Mariman, Jinnifer) |
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Filing 124
ORDER granting #123 Motion for Leave to Appear. IT IS HEREBY ORDERED that Defendant Genuine Parts may appear by Zoom at the hearing in this matter set for 1:30 p.m. on October 31, 2023. Signed by Judge Brian Morris on 10/30/2023. Zoom link emailed to counsel Susan G. Ridgeway (MMS)
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| Filing 123 Unopposed MOTION for Leave to Appear Remote by Zoom . Susan G. Ridgeway appearing for Defendant Genuine Parts Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Ridgeway, Susan) |
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Filing 122
ORDER granting #121 Motion for Leave to Appear. IT IS HEREBY ORDERED that Honeywell and Cummins, Inc. may appear by Zoom at the hearing in this matter set for 1:30 p.m. on October 31, 2023. Signed by Judge Brian Morris on 10/30/2023. ZOOM link emailed to Cnsl Sorenson Brotten (ACC)
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| Filing 121 Unopposed MOTION for Leave to Appear By Zoom . Elizabeth M. Sorenson Brotten appearing for Defendants Cummins, Inc., Honeywell International, Inc.. (Attachments: #1 Text of Proposed Order) (Sorenson Brotten, Elizabeth) |
| Filing 120 NOTICE of Appearance by Elizabeth M. Sorenson Brotten on behalf of Cummins, Inc. (Sorenson Brotten, Elizabeth) |
| Filing 119 NOTICE of Appearance by Elizabeth M. Sorenson Brotten on behalf of Honeywell International, Inc. (Sorenson Brotten, Elizabeth) |
| Filing 118 RESPONSE to Motion re #34 Emergency MOTION Plaintiffs' Emergency Request for Declaratory Relief to Uphold Their Right Not To Be Compelled To Submit To Autopsy or Other Destructive Dissection via Joinder in BNSF's Response filed by Lockheed Martin Corporation. (Attachments: #1 Affidavit Deborah M. Parker Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Parker, Deborah) |
| Filing 117 RESPONSE to Motion re #34 Emergency MOTION Plaintiffs' Emergency Request for Declaratory Relief to Uphold Their Right Not To Be Compelled To Submit To Autopsy or Other Destructive Dissection filed by BNSF Railway Company. (Attachments: #1 Exhibit Declaration of Nicastro, #2 Exhibit Declaration of Dr. Sporn, #3 Exhibit Armijo Order) (Nicastro, Anthony) |
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Filing 116
ORDER re #115 Motion for Leave to Appear. IT IS HEREBY ORDERED that BNSF may appear by ZOOM at the hearing in this matter set for 1:30 PM on October 31, 2023. Signed by Judge Brian Morris on 10/27/2023. ZOOM link emailed to Cnsl Nicastro and Knight (ACC)
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| Filing 115 MOTION for Leave to Appear By Zoom . Anthony Michael Nicastro appearing for Defendant BNSF Railway Company. (Attachments: #1 Text of Proposed Order Propsed Order to Appear by Zoom) (Nicastro, Anthony) |
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Filing 114
ORDER granting #112 Motion for Leave to Appear. IT IS HEREBY ORDERED that Murco Wall Products, Inc. may appear by Zoom at the hearing set for 1:30 p.m. on October 31, 2023. Signed by Judge Brian Morris on 10/27/2023. (ACC) Modified on 10/27/2023 ZOOM link emailed to Cnsl for Murco Wall Products. (ACC).
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Filing 113
ORDER granting #111 IT IS HEREBY ORDERED that Plaintiffs may appear by Zoom at the hearing in this matter set for 1:30 pm on October 31, 2023. Zoom link sent to counsel. Signed by Judge Brian Morris on 10/27/2023. (KAH)
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| Filing 112 MOTION for Leave to Appear by Zoom . Nicholas John Pagnotta appearing for Defendant Murco Wall Products, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Pagnotta, Nicholas) |
| Filing 111 Unopposed MOTION for Leave to Appear Remotely At the October 31, 2023 Hearing. Jinnifer Jeresek Mariman appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Attachments: #1 Text of Proposed Order Proposed Order) (Mariman, Jinnifer) |
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Filing 110
ORDER granting #109 Motion for Leave to Appear. IT IS HEREBY ORDERED that Defendants DCo, Abex, and UCC may appear by Zoom at the hearing in this matter set for 1:30 PM on October 31, 2023. Signed by Judge Brian Morris on 10/27/2023. ZOOM link emailed to Cnsl Hill (ACC)
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| Filing 109 Unopposed MOTION for Leave to Appear Appearance at Hearing Via Zoom . Marshall Blake Hill appearing for Defendants DCo LLC, Pneumo Abex LLC, Union Carbide Corporation. (Attachments: #1 Text of Proposed Order Order Appearance By Zoom) (Hill, Marshall) |
| Filing 108 NOTICE of Acknowledgment of Pro Hac Vice Order by Lockheed Martin Corporation (Parker, Deborah) |
| Filing 107 Corporate Disclosure Statement by General Electric Company. (Evenson, Kirk) |
| Filing 106 ANSWER to #22 Complaint with Jury Demand by General Electric Company. (Evenson, Kirk) |
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Filing 105
ORDER granting #103 Motion for Leave to Appear. IT IS HEREBY ORDERED that RTX may appear by Zoom at the hearing in this matter set for 1:30 PM on October 31, 2023. Signed by Judge Brian Morris on 10/26/2023. ZOOM link emailed to Cnsl Davis and Huey. (ACC)
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Filing 104
ORDER granting #101 IT IS HEREBY ORDERED that ArvinMeritor may appear by Zoom at the hearing in this matter set for 1:30 PM on October 31, 2023. Zoom link emailed to counsel. Signed by Judge Brian Morris on 10/26/2023. (KAH) Modified on 10/26/2023 to update docket text (KAH).
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| Filing 103 Unopposed MOTION for Leave to Appear Remotely at Hearing . Nathan Huey appearing for Defendant RTX Corporation. (Attachments: #1 Text of Proposed Order Proposed Order) (Huey, Nathan) |
| Filing 102 Unopposed MOTION for Leave to Appear Remotely at Hearing . Nathan Huey appearing for Defendant Paccar, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Huey, Nathan) |
| Filing 101 Unopposed MOTION for Leave to Appear Remotely at Hearing . Nathan Huey appearing for Defendant Meritor, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Huey, Nathan) |
| Filing 100 Corporate Disclosure Statement by Murco Wall Products, Inc.. (Stepp, Katherine) |
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Filing 99
ORDER granting #96 Motion for Leave to Appear by Zoom at thehearing in this matter set for 1:30 pm on October 31, 2023. Signed by Judge Brian Morris on 10/26/2023. ZOOM link emailed to Counsel Oie (ACC)
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Filing 98
ORDER granting #95 Motion for Leave to Appear by ZOOM at the hearing set for 10/31/23 at 1:30 p.m. Signed by Judge Brian Morris on 10/26/2023. ZOOM link emailed to Counsel King, Kato and Yee (ACC)
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| Filing 97 NOTICE of Acknowledgment of Pro Hac Vice Order by Paccar, Inc. re #49 Order on Motion to Appear Pro Hac Vice, (Hawkins, Eric) |
| Filing 96 MOTION for Leave to Appear by Zoom . Joshua Oie appearing for Defendant Navistar, Inc.. (Attachments: #1 Text of Proposed Order) (Oie, Joshua) |
| Filing 95 Unopposed MOTION for Leave to Appear by Zoom . Martin S. King appearing for Defendant Lockheed Martin Corporation. (Attachments: #1 Text of Proposed Order) (King, Martin) |
| Filing 94 NOTICE of Appearance by Dillon Kato on behalf of Lockheed Martin Corporation (Kato, Dillon) |
| Filing 93 Notice of Correction: re #91 Administrative Record *Acknowledgment of Pro Hac*. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (ACC) |
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Filing 92
ORDER granting #80 Motion to Appear Pro Hac Vice for Attorney Deborah Parker. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/10/2023. Signed by Judge Brian Morris on 10/26/2023. (ACC)
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| Filing 91 NOTICE of Acknowledgment of Pro Hac Vice Order by Anthony Taddeo for General Electric Company. (Taddeo, Anthony) Modified on 10/26/2023 to correct document title(ACC). |
| Filing 90 Corporate Disclosure Statement by Hobart Brothers LLC. (Evenson, Kirk) |
| Filing 89 ANSWER to #22 Complaint with Jury Demand by Hobart Brothers LLC. (Evenson, Kirk) |
| Filing 88 Corporate Disclosure Statement by Lincoln Electric Company identifying Corporate Parent Lincoln Electric Holdings, Inc. for Lincoln Electric Company.. (Evenson, Kirk) |
| Filing 87 ANSWER to #22 Complaint with Jury Demand by Lincoln Electric Company. (Evenson, Kirk) |
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Filing 86
ORDER granting #84 Motion for Leave to Appear via Zoom at the October 31, 2023 hearing. Signed by Judge Brian Morris on 10/25/2023. ZOOM link emailed to Cnsl Papez and Brooks (ACC)
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Filing 85
ORDER re #83 MOTION for Extension of Time to File Response to Complaint filed by The Goodyear Tire & Rubber Co. IT IS HEREBY ORDERED that Goodyear Tire shall file either an Answer or a motion in response to Plaintiffs' Complaint and Demand for Jury Trial is on or before November 18, 2023. Signed by Judge Brian Morris on 10/25/2023. (ACC)
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| Filing 84 MOTION for Leave to Appear by Zoom . Jacqueline R. Papez appearing for Defendant The Goodyear Tire & Rubber Co.. (Attachments: #1 Text of Proposed Order) (Papez, Jacqueline) |
| Filing 83 MOTION for Extension of Time to File Response to Complaint. Jacqueline R. Papez appearing for Defendant The Goodyear Tire & Rubber Co.. (Attachments: #1 Text of Proposed Order) (Papez, Jacqueline) |
| Filing 82 Disclosure Statement by The Goodyear Tire & Rubber Co.. (Papez, Jacqueline) |
| Filing 81 NOTICE of Appearance by Jacqueline R. Papez and Cynthia Brooks on behalf of The Goodyear Tire & Rubber Co. (Papez, Jacqueline) Modified on 10/25/2023 to add attorney(ACC). |
| Filing 80 MOTION Deborah M. Parker to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3148991.). Martin S. King appearing for Defendant Lockheed Martin Corporation. (Attachments: #1 Declaration of Deborah M. Parker, #2 Text of Proposed Order) (King, Martin) |
| Filing 79 Corporate Disclosure Statement by Paccar, Inc.. (Huey, Nathan) |
| Filing 78 Brief/Memorandum in Support re #77 MOTION to Dismiss for Lack of Jurisdiction filed by Paccar, Inc.. (Attachments: #1 Exhibit Exhibit A - Declaration) (Huey, Nathan) |
| Filing 77 MOTION to Dismiss for Lack of Jurisdiction . Nathan Huey appearing for Defendant Paccar, Inc.. (Huey, Nathan) |
| Filing 76 Corporate Disclosure Statement by Meritor, Inc. identifying Corporate Parent Cummins, Inc. for Meritor, Inc... (Huey, Nathan) |
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Filing 75
ORDER granting #72 Motion for Leave to Appear by ZOOM at the hearing set for 1:30 p.m. on October 31, 2023. Signed by Judge Brian Morris on 10/24/2023. ZOOM link emailed to Cnsl for Eaton Aeroquip. (ACC)
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| Filing 74 Brief/Memorandum in Support re #73 MOTION to Dismiss for Lack of Jurisdiction filed by Meritor, Inc.. (Attachments: #1 Exhibit Exhibit A _ Declaration) (Huey, Nathan) |
| Filing 73 MOTION to Dismiss for Lack of Jurisdiction . Nathan Huey appearing for Defendant Meritor, Inc.. (Huey, Nathan) |
| Filing 72 MOTION for Leave to Appear by Zoom . Susan Moriarity Miltko appearing for Defendants Eaton Aeroquip, LLC, Eaton Corporation. (Attachments: #1 Text of Proposed Order Proposed Order) (Miltko, Susan) |
| Filing 71 Corporate Disclosure Statement by Eaton Aeroquip, LLC, Eaton Corporation. (Ivins, Peter) |
| Filing 70 ANSWER to #22 Complaint with Jury Demand by Eaton Corporation. (Ivins, Peter) |
| Filing 69 Brief/Memorandum in Support re #68 MOTION to Dismiss for Lack of Jurisdiction filed by Eaton Aeroquip, LLC. (Attachments: #1 Exhibit A - Declaration) (Ivins, Peter) |
| Filing 68 MOTION to Dismiss for Lack of Jurisdiction . Peter B. Ivins appearing for Defendant Eaton Aeroquip, LLC. (Ivins, Peter) |
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Filing 67
ORDER granting #65 Motion for Leave to Appear by Zoom at the hearing in this matter set for 1:30 PM on October 31, 2023. Signed by Judge Brian Morris on 10/24/2023. ZOOM link emailed to Cnsl Papez (ACC)
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Filing 66
ORDER re #64 MOTION for Extension of Time to File Response to Complaint filed by Welco Manufacturing Company. IT IS HEREBY ORDERED that Welco shall file either an Answer or other motion in response to Plaintiffs' Complaint and Demand for Jury Trial on or before November 18, 2023.. Signed by Judge Brian Morris on 10/24/2023. (ACC)
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| Filing 65 MOTION for Leave to Appear by Zoom . Jacqueline R. Papez appearing for Defendant Welco Manufacturing Company. (Attachments: #1 Text of Proposed Order) (Papez, Jacqueline) |
| Filing 64 MOTION for Extension of Time to File Response to Complaint. Jacqueline R. Papez appearing for Defendant Welco Manufacturing Company. (Attachments: #1 Text of Proposed Order) (Papez, Jacqueline) |
| Filing 63 Corporate Disclosure Statement by Welco Manufacturing Company. (Papez, Jacqueline) |
| Filing 62 NOTICE of Appearance by Jacqueline R. Papez and Cynthia Brooks on behalf of Welco Manufacturing Company (Papez, Jacqueline) Modified on 10/25/2023 to add attorney(ACC). |
| Filing 61 NOTICE of Acknowledgment of Pro Hac Vice Order by Lockheed Martin Corporation (Yee, Laura) |
| Filing 60 NOTICE of Acknowledgment of Pro Hac Vice Order by Hobart Brothers LLC, Lincoln Electric Company re #43 Order on Motion to Appear Pro Hac Vice, Philip A. Kulinski (Evenson, Kirk) |
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Filing 59
ORDER granting #58 Motion to Appear Pro Hac Vice for Attorney Ronald L. Hellbusch. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/7/2023. Signed by Judge Brian Morris on 10/23/2023. (TLO)
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| Filing 58 MOTION Ronald L. Hellbusch to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3147820.). Marshall Blake Hill appearing for Defendants DCo LLC, Pneumo Abex LLC, Union Carbide Corporation. (Attachments: #1 Exhibit Declaration of Counsel, #2 Text of Proposed Order Proposed Order Motion for Pro Hac Vice) (Hill, Marshall) |
| Filing 57 NOTICE of Appearance by Alexander T. Tsomaya on behalf of Murco Wall Products, Inc. (Tsomaya, Alexander) |
| Filing 56 NOTICE of Appearance by Marshall Blake Hill on behalf of DCo LLC, Pneumo Abex LLC, Union Carbide Corporation (Hill, Marshall) |
| Filing 55 NOTICE of Acknowledgment of Pro Hac Vice Order by Leonard D. Love, Karen L. Morey re #28 Order on Motion to Appear Pro Hac Vice,,, (Linder, Mark) |
| Filing 54 NOTICE of Acknowledgment of Pro Hac Vice Order by Eaton Aeroquip, LLC, Eaton Corporation (Strup, David) |
| Filing 53 NOTICE of Acknowledgment of Pro Hac Vice Order by Murco Wall Products, Inc. re #31 Order on Motion to Appear Pro Hac Vice,,,,, (Deans, Gregory) |
| Filing 52 NOTICE of Acknowledgment of Pro Hac Vice Order by Murco Wall Products, Inc. re #31 Order on Motion to Appear Pro Hac Vice,,,,, (Stepp, Katherine) |
| Filing 51 NOTICE of Acknowledgment of Pro Hac Vice Order by Leonard D. Love, Karen L. Morey re #28 Order on Motion to Appear Pro Hac Vice,,, (Taylor, Sam) |
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Filing 50
ORDER granting #48 Motion to Appear Pro Hac Vice for Attorney Lance Wilson. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/2/2023. Signed by Judge Brian Morris on 10/18/2023. (ACC)
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Filing 49
ORDER granting #47 Motion to Appear Pro Hac Vice for Attorney Eric Hawkins. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/2/2023. Signed by Judge Brian Morris on 10/18/2023. (ACC)
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| Filing 48 Unopposed MOTION Lance Wilson to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 400016604.). Nathan Huey appearing for Defendant RTX Corporation. (Attachments: #1 Exhibit A - Affidavit in Support, #2 Text of Proposed Order) (Huey, Nathan) Modified on 10/17/2023 to clean up text (ACC). |
| Filing 47 Unopposed MOTION Eric T. Hawkins to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 400016604.). Nathan Huey appearing for Defendants Meritor, Inc., Paccar, Inc. (Attachments: #1 Exhibit A - Affidavit in Support, #2 Text of Proposed Order) (Huey, Nathan) Modified on 10/17/2023 to clean up text(ACC). |
| Filing 46 NOTICE of Appearance by Nathan Huey on behalf of Meritor, Inc., Paccar, Inc. (Huey, Nathan) |
| Filing 45 NOTICE of Appearance by Heather Holland Neubauer on behalf of IMO Industries, Inc. (Neubauer, Heather) |
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Filing 44
ORDER granting #40 Motion to Appear Pro Hac Vice for Attorney David Strup. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/1/2023. Signed by Judge Brian Morris on 10/17/2023. (ACC)
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Filing 43
ORDER granting #33 Motion to Appear Pro Hac Vice for Attorney Philip A. Kulinski. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/1/2023. Signed by Judge Brian Morris on 10/17/2023. (ACC)
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| Filing 42 Corporate Disclosure Statement by Deere & Company. (Tuntland, Kirsten) |
| Filing 41 NOTICE of Appearance by Kirsten Tuntland on behalf of Deere & Company (Tuntland, Kirsten) |
| Filing 40 Unopposed MOTION David P. Strup to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3144464.). Susan Moriarity Miltko appearing for Defendants Eaton Aeroquip, LLC, Eaton Corporation. (Attachments: #1 Exhibit Declaration, #2 Text of Proposed Order Proposed Order) (Miltko, Susan) |
| Filing 39 NOTICE of Appearance by Susan Moriarity Miltko on behalf of Eaton Aeroquip, LLC, Eaton Corporation (Miltko, Susan) |
| Filing 38 Brief/Memorandum in Support re #37 MOTION to Dismiss for Lack of Jurisdiction filed by RTX Corporation. (Huey, Nathan) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction . Nathan Huey appearing for Defendant RTX Corporation. (Huey, Nathan) |
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Filing 36
TEXT ORDER Setting Hearing on Motion #34 Emergency MOTION Plaintiffs' Emergency Request for Declaratory Relief to Uphold Their Right Not To Be Compelled To Submit To Autopsy or Other Destructive Dissection : Motion Hearing is set for 10/31/2023 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 10/16/2023. (SLL)
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| Filing 35 Brief/Memorandum in Support re #34 Emergency MOTION Plaintiffs' Emergency Request for Declaratory Relief to Uphold Their Right Not To Be Compelled To Submit To Autopsy or Other Destructive Dissection filed by Leonard D. Love, Karen L. Morey. (Attachments: #1 Exhibit Ex. A - 2023.10 LTR from BNSF, #2 Exhibit Ex. B - Declarations of Plaintiffs, #3 Exhibit Ex. C - Order from Bree, #4 Exhibit Ex. D - Order from Malloy) (Lacey, John) |
| Filing 34 Emergency MOTION Plaintiffs' Emergency Request for Declaratory Relief to Uphold Their Right Not To Be Compelled To Submit To Autopsy or Other Destructive Dissection . John F. Lacey appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Lacey, John) |
| Filing 33 Unopposed MOTION Philip A. Kulinski to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3142748.). Kirk D. Evenson appearing for Defendants Hobart Brothers LLC, Lincoln Electric Company. (Attachments: #1 Affidavit Philip Kulinski) (Evenson, Kirk) |
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Filing 32
ORDER granting #6 Motion to Appear Pro Hac Vice for Attorney Laura Patricia Yee. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 10/27/2023. Signed by Judge Brian Morris on 10/12/2023. (TLO)
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Filing 31
ORDER granting #29 Motion to Appear Pro Hac Vice for Attorney Gergory L. Deans NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here.; granting #30 Motion to Appear Pro Hac Vice for Attorney Katherine Stepp NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 10/27/2023. Signed by Judge Brian Morris on 10/12/2023. (TLO)
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| Filing 30 MOTION Katherine Stepp to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3142042.). Nicholas John Pagnotta appearing for Defendant Murco Wall Products, Inc.. (Attachments: #1 Exhibit Declaration, #2 Text of Proposed Order Proposed Order) (Pagnotta, Nicholas) |
| Filing 29 MOTION Gregory Deans to Appear Pro Hac Vice of Gregory L. Deans ( Filing fee $ 262 receipt number AMTDC-3142036.). Nicholas John Pagnotta appearing for Defendant Murco Wall Products, Inc.. (Attachments: #1 Exhibit Declaration, #2 Text of Proposed Order Proposed Order) (Pagnotta, Nicholas) |
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Filing 28
ORDER granting #19 Motion to Appear Pro Hac Vice for Attorney Sam E. Taylor #20 Motion to Appear Pro Hac Vice for Attorney Mark A. Linder NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 10/26/2023. Signed by Judge Brian Morris on 10/11/2023. (KAH)
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| Filing 27 Brief/Memorandum in Support re #26 MOTION to Dismiss filed by Murco Wall Products, Inc.. (Attachments: #1 A) (Pagnotta, Nicholas) |
| Filing 26 MOTION to Dismiss . Nicholas John Pagnotta appearing for Defendant Murco Wall Products, Inc.. (Pagnotta, Nicholas) |
| Filing 25 Corporate Disclosure Statement by BNSF Railway Company identifying Corporate Parent Berkshire Hathaway, Inc. for BNSF Railway Company.. (Nicastro, Anthony) |
| Filing 24 BNSF's ANSWER to #22 Complaint with Jury Demand by BNSF Railway Company. (Nicastro, Anthony) |
| Filing 23 Remark: Original State Court Documents received from Cascade County and placed on shelf in the clerks office. (SAJ) |
| Filing 22 COMPLAINT AND DEMANT FOR JURY TRIAL filed in the Asbestos Claims Court of the State of Montana, Montana Twenty-Third Judicial District Court against All Defendants, filed by Leonard D. Love and Karen L. Morey. (SAJ) |
| Filing 21 NOTICE OF STATE COURT FILE RECEIVED ( from Asbestos Claims Court of the State of Montana, Montana Twenty-Third Judicial District Court, case number DV-57-2023-0000013-AE.) (Attachments: #1 State Court Notice of Removal, #2 State Court Exhibit A, #3 State Court Plaintiffs' Notices, #4 State Court Summons) (SAJ) |
| Filing 20 MOTION Mark A. Linder to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3141629.). Jinnifer Jeresek Mariman appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Attachments: #1 Affidavit Affidavit of Mark Linder, #2 Text of Proposed Order Proposed Order) (Mariman, Jinnifer) |
| Filing 19 MOTION Sam E Taylor II to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3141609.). Jinnifer Jeresek Mariman appearing for Plaintiffs Leonard D. Love, Karen L. Morey. (Attachments: #1 Affidavit Affidavit of Sam Taylor, #2 Text of Proposed Order Proposed Order) (Mariman, Jinnifer) |
| Filing 18 NOTICE of Appearance by Maxon R. Davis on behalf of Goodrich Corporation (Davis, Maxon) |
| Filing 17 NOTICE of Appearance by Maxon R. Davis on behalf of Kaiser Gypsum Company, Inc. (Davis, Maxon) |
| Filing 16 Corporate Disclosure Statement by Navistar, Inc. identifying Corporate Parent Navistar International Corporation, Corporate Parent TRATON US, LLC for Navistar, Inc... (Oie, Joshua) |
| Filing 15 ANSWER to Complaint with Jury Demand by Navistar, Inc.. (Oie, Joshua) |
| Filing 14 ANSWER to Complaint with Jury Demand by Mack Trucks, Inc.. (Neubauer, Heather) |
| Filing 13 NOTICE of Appearance by Heather Holland Neubauer on behalf of Mack Trucks, Inc. (Neubauer, Heather) |
| Filing 12 ANSWER to Complaint with Jury Demand by KCG, Inc.. (Neubauer, Heather) |
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Filing 11
ORDER granting #5 Motion to Appear Pro Hac Vice for Attorney Anthony B. Taddeo, Jr.. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 10/25/2023. Signed by Judge Brian Morris on 10/10/2023. (TLO)
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| Filing 10 NOTICE of Appearance by Heather Holland Neubauer on behalf of KCG, Inc. (Neubauer, Heather) |
| Filing 9 Corporate Disclosure Statement by Lockheed Martin Corporation. (King, Martin) |
| Filing 8 Brief/Memorandum in Support re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Lockheed Martin Corporation. (Attachments: #1 Declaration of Dana L. Bennett) (King, Martin) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction . Martin S. King appearing for Defendant Lockheed Martin Corporation. (King, Martin) |
| Filing 6 MOTION Laura Patricia Yee to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3140292.). Martin S. King appearing for Defendant Lockheed Martin Corporation. (Attachments: #1 Declaration of Laura Patricia Yee, #2 Text of Proposed Order) (King, Martin) |
| Filing 5 MOTION Anthony B. Taddeo, Jr. to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3140152.). Kirk D. Evenson appearing for Defendant General Electric Company. (Attachments: #1 Affidavit Anthony Taddeo) (Evenson, Kirk) |
| Filing 4 NOTICE of Appearance by Maxon R. Davis on behalf of Parker Hannifin Corporation (Davis, Maxon) |
| Filing 3 Corporate Disclosure Statement by RTX Corporation. (Huey, Nathan) |
| TEXT ORDER: IT IS HEREBY ORDERED that this case is assigned to the Honorable Brian Morris. Signed Brian Morris on October 3, 2023. (SLL) |
| Filing 2 Notice of Joinder by Lockheed Martin Corporation re: #1 Notice of Removal, (King, Martin) |
| Filing 1 NOTICE OF REMOVAL by RTX Corporation from THE ABSESTOS CLAIMS COURT OF THE STATE OF MONTANA, MONTANA TWENTY-THIRD JUDICIAL DISTRICT COURT, case number DV-57-2023-0000013-AE, filed by RTX Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Documents, #3 Exhibit B - Declaration of Sumner, #4 Exhibit C - Declaration of Ringo) (SAJ) |
| Filing fee: $ 402, receipt number 400016575 (SAJ) |
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