Sumner et al v. Borgwarner Morse TEC, Inc. et al
Plaintiff: Sumner, Gerald Sumner and Sarah Sumner
Defendant: Borgwarner Morse TEC, Inc, CBS Corporation, Trane US, Inc., Borgwarner Morse TEC, Inc., Viacom, Inc., Certainteed Corporation, Crane Co., Dap, Inc., Electrolux Home Products, Inc., Environmental Asbestos & Lead Klean-Up, General Electric Company, Georgia-Pacific Corporation, Genuine Parts Company of Nevada, Honeywell International, Inc., Metropolitan Life Insurance Company, Pneumo Abex LLC, Sears Roebuck & Co, American Standard, Inc., Union Carbide Corporation and Whirlpool Corporation
Case Number: 2:2016cv00415
Filed: February 26, 2016
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Richard F Boulware
Referring Judge: Cam Ferenbach
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 11, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2017 Opinion or Order Filing 57 ORDER Granting #55 Stipulation of Dismissal with prejudice. Signed by Judge Richard F. Boulware, II on 1/11/17. (Copies have been distributed pursuant to the NEF - ADR)
January 10, 2017 Filing 56 FIRST NOTICE: of Non-Compliance with Local Rule IC 5-1 that Joshua Reisman is in violation of Local Rule LR IC 5-1 as to #55 STIPULATION. The signatory must be the attorney or pro se party who electronically files the document. Attorney advised in the future to file documents in accordance with the Local Rules governing Electronic Case Filing. (no image attached) (TR)
January 10, 2017 Filing 55 STIPULATION of Dismissal with Prejudice, filed by Defendant Metropolitan Life Insurance Company. (Reisman, Joshua)
December 28, 2016 Filing 54 NOTICE re: Dismissal, filed by Gerald Sumner. (Marcek, Cliff)
December 19, 2016 Opinion or Order Filing 53 ORDER Granting #52 Stipulation to Dismiss Defendant Trane U.S. Inc. With Prejudice. Signed by Judge Richard F. Boulware, II on 12/19/2016. (Copies have been distributed pursuant to the NEF - NEV)
December 16, 2016 Filing 52 STIPULATION of Dismissal with Prejudice, filed by Defendant Trane US, Inc.. (McCoy, Robert)
December 6, 2016 Opinion or Order Filing 51 ORDER Granting #44 STIPULATION of Dismissal with Prejudice as to Defendant Electrolux Home Products, Inc. Signed by Judge Richard F. Boulware, II on 12/6/16. (Copies have been distributed pursuant to the NEF - MMM)
December 5, 2016 Opinion or Order Filing 50 ORDER Granting #46 Stipulation of Dismissal without prejudice as to Honeywell International. Signed by Judge Richard F. Boulware, II on 12/5/16. (Copies have been distributed pursuant to the NEF - ADR)
December 5, 2016 Opinion or Order Filing 49 ORDER granting #43 STIPULATION of Dismissal without Prejudice. General Electric Company and Georgia-Pacific Corporation terminated. Signed by Judge Richard F. Boulware, II on 12/5/2016. (Copies have been distributed pursuant to the NEF - JM)
November 30, 2016 Filing 48 WITHDRAWAL of Motion re #37 Motion to Strike, ; by Defendant Honeywell International, Inc. (Mandell, Ryan)
November 30, 2016 Filing 47 NOTICE of Non COMPLIANCE with Local Rules 2-2 and Attorney Action Required to #45 Withdrawal: ERROR: Document(s) should have been properly linked to establish the docket-entry relationship pursuant to LR IC 2-2(d). CORRECTION: Attorney Ryan Mandell advised to refile document #46 and properly link newly filed Withdrawal to the associated Motion to be withdrawn to properly terminate pending deadlines associated with motion, in accordance with Local Rule IC 2-2(d). (no image attached)(RFJ)
November 30, 2016 Filing 46 STIPULATION of Dismissal without Prejudice; filed by Defendant Honeywell International, Inc.. (Mandell, Ryan)
November 30, 2016 Filing 45 ERROR: Document not filed pursuant to LR IC 2-2(d) by attorney. CORRECTION: Attorney advised to refile documents pursuant to LR IC 2-2(d). Document terminated as filed in error. WITHDRAWAL of Motion by Defendant Honeywell International, Inc. (Mandell, Ryan) Modified on 11/30/2016 (RFJ).
November 30, 2016 Filing 44 STIPULATION of Dismissal with Prejudice; filed by Defendant Electrolux Home Products, Inc.. (Sanders, LeAnn)
November 28, 2016 Filing 43 STIPULATION of Dismissal without Prejudice; filed by Defendants General Electric Company, Georgia-Pacific Corporation. (Jorgensen, J.)
November 22, 2016 Filing 42 NOTICE of Withdrawal re #38 Joinder, filed by Georgia-Pacific Corporation . (Jorgensen, J.)
November 22, 2016 Filing 41 NOTICE of Withdrawal re #39 Joinder. (Sanders, LeAnn)
November 18, 2016 Filing 40 WITNESS LIST First Supplemental Expert Witness Disclosures by Defendant Whirlpool Corporation.(Busby, Curtis)
November 18, 2016 Filing 39 JOINDER to #37 Motion to Strike, ; filed by Defendant Electrolux Home Products, Inc.. (Sanders, LeAnn)
November 17, 2016 Filing 38 JOINDER to #37 Motion to Strike, ; filed by Defendant Georgia-Pacific Corporation. (Jorgensen, J.)
November 16, 2016 Filing 37 MOTION to Strike, filed by Defendant Honeywell International, Inc.. Responses due by 12/3/2016. (Attachments: #1 Exhibit 1 - Discovery Plan and Scheduling Order, #2 Exhibit 2 - Plaintiffs' Expert Disclosure, #3 Exhibit 3 - Correspondence, #4 Exhibit 4 - 10/20/16 Email and Report, #5 Exhibit 5 - 10/31/16 Email)(Mandell, Ryan)
October 17, 2016 Filing 36 Interim STATUS REPORT by Defendants General Electric Company, Georgia-Pacific Corporation. (Jorgensen, J.)
September 30, 2016 Filing 35 WITNESS LIST Fed R. Civ. P. 26(A)(2) Expert Witness Disclosures by Defendants General Electric Company, Georgia-Pacific Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Jorgensen, J.)
September 30, 2016 Filing 34 WITNESS LIST FRCP 26(a)(2)(A) Designation of Experts by Defendant Electrolux Home Products, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Sanders, LeAnn)
September 30, 2016 Filing 33 WITNESS LIST Expert Witness Disclosures by Defendant Whirlpool Corporation.(Busby, Curtis)
September 30, 2016 Filing 32 WITNESS LIST Initial Expert Disclosure by Defendant Honeywell International, Inc.. (Attachments: #1 Exhibit Exhibits 1-10)(Mandell, Ryan)
September 29, 2016 Filing 31 WITNESS LIST FRCP 26(a)(2)(A) Designation of Experts by Defendant Metropolitan Life Insurance Company. (Attachments: #1 Exhibit Exhibits A-E to Metlife Expert Disclosures)(Reisman, Joshua)
September 16, 2016 Filing 30 WITNESS LIST; filed by Plaintiff Gerald Sumner.(Roberts, Jordan)
August 11, 2016 Filing 29 NOTICE of Change of Address by Cliff W. Marcek. (Marcek, Cliff)
August 8, 2016 Filing 28 FIRST NOTICE: of Non-Compliance with Local Rule IC 2-1 (a)(d): that Jordan Roberts is in violation of Local Rule IC 2-1 (a)(d). You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Attorney advised to visit the Courts website at www.nvd.uscourts.gov, then select ATTORNEY REGISTRATION located in the middle of the web page to register. (no image attached) (RFJ)
August 3, 2016 Filing 27 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (DL)
August 3, 2016 Opinion or Order Filing 26 SCHEDULING ORDER re #25 Discovery Plan And Scheduling Order. Discovery due by 12/15/2016. Motions due by 1/30/2017. Proposed Joint Pretrial Order due by 3/1/2017. Signed by Magistrate Judge Cam Ferenbach on 8/2/2016. (Copies have been distributed pursuant to the NEF - DL)
July 1, 2016 Filing 25 PROPOSED Discovery Plan/Scheduling Order filed by Defendants General Electric Company, Georgia-Pacific Corporation . (Jorgensen, J.)
June 6, 2016 Filing 24 AMENDED Notice of Federal Rule of Civil Procedure 26(f) Conference by Gerald Sumner. (Marcek, Cliff)
June 6, 2016 Filing 23 NOTICE Vacating 26(f) Conference by Gerald Sumner. (Marcek, Cliff)
May 11, 2016 Filing 22 NOTICE re: Discovery; filed by Gerald Sumner. (Marcek, Cliff)
April 21, 2016 Opinion or Order Filing 21 ORDER approving #20 Stipulation of Dismissal Without Prejudice. CBS Corporation (successor by merger to CBS Corp, f/k/a Westinghouse Electric Corp) terminated. Signed by Judge Richard F. Boulware, II on 4/21/2016. (Copies have been distributed pursuant to the NEF - KR)
April 20, 2016 Filing 20 STIPULATION of Dismissal without Prejudice; filed by Defendant CBS Corporation. (Heinz, Von)
April 18, 2016 Opinion or Order Filing 19 ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Jordan C. Roberts and approving Designation of Local Counsel Cliff W. Marcek. Signed by Judge Richard F. Boulware, II on 4/18/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - TR)
April 4, 2016 Filing 18 NOTICE of Corrected Image/Document re #14 Verified Petition by Plaintiff Gerald Sumner. (Service of corrected image is attached). (Marcek, Cliff)
March 30, 2016 Filing 17 Joint STATUS REPORT by Defendants General Electric Company, Georgia-Pacific Corporation. (Park, Matthew)
March 22, 2016 Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 3/22/2016. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #14 is DEFERRED. IT IS FURTHER ORDERED that Petitioner Jordan C. Roberts shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3 of the Verified Petition For Permission To Practice In This Case Only By Attorney Not Admitted To The Bar Of This Court And Designation Of Local Counsel. Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (Copies have been distributed pursuant to the NEF - CVL)
March 18, 2016 Filing 15 JOINDER to #2 Statement in Removal Case ; filed by Defendant Honeywell International, Inc.. (Mandell, Ryan)
March 18, 2016 Filing 14 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jordan C. Roberts and DESIGNATION of Local Counsel Cliff W. Marcek (Filing fee $ 250 receipt number 0978-4044593) filed by Plaintiff Gerald Sumner . (Marcek, Cliff) Corrected image #18 attached on on 4/4/2016 (RFJ).
March 10, 2016 Filing 13 NOTICE re #1 Petition for Removal, filed by Georgia-Pacific Corporation. (Park, Matthew)
March 9, 2016 Filing 12 CERTIFICATE of Interested Parties filed by Honeywell International, Inc.. There are no known interested parties other than those participating in the case . (Mandell, Ryan)
March 8, 2016 Filing 11 CERTIFICATE of Interested Parties filed by Metropolitan Life Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company added. . (Reisman, Joshua)
March 8, 2016 Filing 10 CERTIFICATE of Interested Parties filed by Whirlpool Corporation. There are no known interested parties other than those participating in the case . (Busby, Curtis)
March 7, 2016 Filing 9 CERTIFICATE of Interested Parties filed by General Electric Company that identifies all parties that have an interest in the outcome of this case. Other Affiliate General Electric Capital Corporation, Other Affiliate Synchrony Financial, Other Affiliate GE Capital, Other Affiliate GE Capital Equity, Other Affiliate APR Energy plc, Other Affiliate Townsquare Media, Inc., Other Affiliate GE Capital Equity Holdings, Inc. for General Electric Company added. . (Jorgensen, J.)
March 7, 2016 Filing 8 CERTIFICATE of Interested Parties filed by Georgia-Pacific Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent Georgia-Pacific Holdings LLC, Other Affiliate Georgia-Pacific LLC for Georgia-Pacific Corporation added. . (Jorgensen, J.)
March 7, 2016 Filing 7 CERTIFICATE of Interested Parties filed by Electrolux Home Products, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Electrolux North America, Inc., Corporate Parent AB Electrolux for Electrolux Home Products, Inc. added. . (Sanders, LeAnn)
March 1, 2016 Filing 6 CERTIFICATE of Interested Parties filed by CBS Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent GAMCO Investors, Inc., Other Affiliate National Amusements, Inc., Other Affiliate NAI Entertainment Holdings LLC for CBS Corporation added. . (Heinz, Von)
February 29, 2016 Filing 5 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (TR)
February 29, 2016 Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Jordan Roberts to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 4/14/2016. (no image attached) (TR)
February 29, 2016 Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, on 2/29/2016. Statement regarding removed action is due by 3/18/2016. Joint Status Report regarding removed action is due by 4/2/2016. (Copies have been distributed pursuant to the NEF - TR)
February 26, 2016 Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Cam Ferenbach. (TR)
February 26, 2016 Filing 2 STATEMENT RE: REMOVAL filed by Defendant Georgia-Pacific Corporation. (Park, Matthew)
February 26, 2016 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-15-716039-C, (Filing fee $ 400 receipt number 0978-4016243), filed by Georgia-Pacific Corporation. Certificate of Interested Parties due by 3/7/2016. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit) (Notice: There are unresolved motions or issues that require the court's immediate attention.) (Park, Matthew)

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Search for this case: Sumner et al v. Borgwarner Morse TEC, Inc. et al
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Plaintiff: Sumner
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Plaintiff: Gerald Sumner
Represented By: Cliff W. Marcek
Represented By: Jordan C. Roberts
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Plaintiff: Sarah Sumner
Represented By: Cliff W. Marcek
Represented By: Jordan C. Roberts
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Defendant: Borgwarner Morse TEC, Inc
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Defendant: CBS Corporation
Represented By: Matthew W. Park
Represented By: Von S. Heinz
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Defendant: Trane US, Inc.
Represented By: Robert R. McCoy
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Defendant: Borgwarner Morse TEC, Inc.
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Defendant: Viacom, Inc.
Represented By: Matthew W. Park
Represented By: Von S. Heinz
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Defendant: Certainteed Corporation
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Defendant: Crane Co.
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Defendant: Dap, Inc.
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Defendant: Electrolux Home Products, Inc.
Represented By: LeAnn Sanders
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Defendant: Environmental Asbestos & Lead Klean-Up
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Defendant: General Electric Company
Represented By: Matthew W. Park
Represented By: J Christopher Jorgensen
Represented By: Nathan Reinmiller
Represented By: Sabrina G Wibicki
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Defendant: Georgia-Pacific Corporation
Represented By: Matthew W. Park
Represented By: J Christopher Jorgensen
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Defendant: Genuine Parts Company of Nevada
Represented By: Matthew Q. Callister
Represented By: Mitchell S Bisson
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Defendant: Honeywell International, Inc.
Represented By: Ryan Mandell
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Defendant: Metropolitan Life Insurance Company
Represented By: Jacqueline N. Walton
Represented By: Joshua H Reisman
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Defendant: Pneumo Abex LLC
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Defendant: Sears Roebuck & Co
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Defendant: American Standard, Inc.
Represented By: Robert R. McCoy
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Defendant: Union Carbide Corporation
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Defendant: Whirlpool Corporation
Represented By: Curtis Busby
Represented By: Greg W. Marsh
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