Koot v. BWDAC, Inc. et al
| Clemens A Koot |
| BWDAC, Inc., Pneumo Abex LLC, DCO, LLC, Goodyear Tire & Rubber Company, Genuine Parts Company, Pfizer Inc., Meritor, Inc., CNH Industrial America LLC, Goodrich Corporation, Honeywell International Inc., Textron Aviation Inc., Caterpillar Inc., Cummins, Inc., Eaton Aeroquip, LLC, Federal-Mogul Asbestos Personal Injury Trust, IMO Industries, Inc., individually and as successor in interest to Adel Fasteners, Morse Tec LLC, Navistar, Inc., Parker-Hannifin Corporation, Standard Motor Products, Inc., American Brake Shoe Company, American Brake Shoe and Foundry Company, American Brake Materials Corporation, Dana Companies, LLC, ArvinMeritor, Inc., Rockwell Automotive, Inc., CNH America LLC, Case Corporation, The BF Goodrich Company, IMO Industries, Inc. and BorgWarner Morse TEC LLC |
| 2:2024cv00190 |
| January 26, 2024 |
| US District Court for the District of Nevada |
| Andrew P Gordon |
| Nancy J Koppe |
| Elayna J Youchah |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
Docket Report
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Filing 69
ORDER granting #20 Motion to Remand to State Court. This case is remanded to the state court from which it was removed. The clerk of the court is directed to close this file. Signed by Judge Andrew P. Gordon on 3/18/2024. (Copies have been distributed pursuant to the NEF - cc Sent to State Court - CAH)
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| Filing 68 CERTIFICATE of Interested Parties by Eaton Aeroquip, LLC. There are no known interested parties other than those participating in the case. (Edwards, Michael) |
| Filing 67 Stipulated Discovery Plan and Scheduling Order by Defendant Caterpillar Inc... (Ramirez, Jorge) |
| Filing 66 CERTIFICATE of Interested Parties by CNH Industrial America LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent CNH Industrial N.V., Other Affiliate CNH Industrial U.S. Holdings Inc. for CNH Industrial America LLC added.. (Schumacher, Robert) |
| Filing 65 Joint STATUS REPORT by Defendant Caterpillar Inc... (Ramirez, Jorge) |
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Filing 64
ORDER. IT IS ORDERED that #26 defendant Eaton Aeroquip, LLC's Certificate of interested parties is STRICKEN. IT IS FURTHER ORDERED defendant Eaton Aeroquip, LLC to file a proper certificate of interested parties by 3/19/2024. Signed by Judge Andrew P. Gordon on 3/7/2024. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 63 JOINDER to #31 Response by Defendant Eaton Aeroquip, LLC.. (Edwards, Michael) |
| Filing 62 CERTIFICATE of Interested Parties by Eaton Aeroquip, LLC. There are no known interested parties other than those participating in the case. (Edwards, Michael) |
| Filing 61 MOTION to Dismiss by Defendant Eaton Aeroquip, LLC. Responses due by 3/18/2024. Certificate of Interested Parties due by 3/14/2024. Discovery Plan/Scheduling Order due by 4/18/2024. (Attachments: #1 Declaration Declaration of Michael Lefere in Support of Motion to Dismiss)(Edwards, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 60 STATEMENT REGARDING REMOVAL by Defendant Genuine Parts Company.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bonds, Kurt) |
| Filing 59 JOINDER to #31 Response by Defendant Morse Tec LLC.. (Freeman, Eric) |
| Filing 58 JOINDER to #27 Statement in Removal Case by Defendant Honeywell International Inc.. (Garth, Adam) |
| Filing 57 JOINDER to #31 Response by Defendant IMO Industries, Inc.. (Carranza, Edgar) |
| Filing 56 JOINDER to #31 Response by Defendant Goodrich Corporation.. (Schuttert, Jay) |
| Filing 55 CERTIFICATE of Interested Parties by IMO Industries, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent IMO Holdings Inc, Corporate Parent ESAB for IMO Industries, Inc. added.. (Carranza, Edgar) |
| Filing 54 JOINDER to #20 Motion to Remand to State Court by Defendant Genuine Parts Company. (Bonds, Kurt) |
| Filing 53 JOINDER to #31 Response by Defendant Standard Motor Products, Inc.. (Davis, Dawn) |
| Filing 52 JOINDER to #31 Response by Defendant Cummins, Inc.. (Davis, Dawn) |
| Filing 51 JOINDER to #31 Response by Defendant Parker-Hannifin Corporation. (Davis, Dawn) |
| Filing 50 CERTIFICATE of Interested Parties by Morse Tec LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Enstar Holdings(US) LLC, Other Affiliate Enstar USA Inc., Other Affiliate Enstar Group Limited for Morse Tec LLC added.. (Freeman, Eric) |
| Filing 49 REPLY to Response to #20 Motion to Remand to State Court by Plaintiff Clemens A Koot. (Mittin, Lawrence) |
| Filing 48 CERTIFICATE of Interested Parties by Caterpillar Inc.. There are no known interested parties other than those participating in the case. (Ramirez, Jorge) |
| Filing 47 RESPONSE to #9 Order,,, by Defendant Caterpillar Inc.. (Ramirez, Jorge) |
| Filing 46 JOINDER to #31 Response by Defendant Navistar, Inc.. (Panford, Araba) |
| Filing 45 ANSWER with Jury Demand re #1 Petition for Removal,, filed by IMO Industries, Inc..(Carranza, Edgar) |
| Filing 44 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Nancy J. Koppe for all further proceedings. All further documents must bear the correct case number 2:24-cv-00190-APG-NJK. (no image attached) (KMB) |
| Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 2/22/2024. By Judicial Assistant: E. Santiago. With good cause appearing, the Honorable Magistrate Judge Elayna J. Youchah recuses herself in this action.IT IS HEREBY ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 42 JOINDER to #31 Response by Defendant Pneumo Abex LLC. (Abbott, Steven) |
| Filing 41 JOINDER to #31 Response by Defendant Goodyear Tire & Rubber Company. (Abbott, Steven) |
| Filing 40 JOINDER to #31 Response by Defendant DCO, LLC. (Abbott, Steven) |
| Filing 39 JOINDER to #31 Response by Defendant BWDAC, Inc.. (Abbott, Steven) |
| Filing 38 NOTICE Demand for Jury Trial by Cummins, Inc... (Davis, Dawn) |
| Filing 37 CERTIFICATE of Interested Parties by Cummins, Inc.. There are no known interested parties other than those participating in the case. (Davis, Dawn) |
| Filing 36 ANSWER re #1 Petition for Removal,, Answer to Plaintiff's Complaint filed by Cummins, Inc..(Davis, Dawn) |
| Filing 35 DEMAND for Trial by Jury by Defendant Standard Motor Products, Inc.. (Davis, Dawn) |
| Filing 34 CERTIFICATE of Interested Parties by Standard Motor Products, Inc.. There are no known interested parties other than those participating in the case (Davis, Dawn) |
| Filing 33 ANSWER to Complaint filed by Standard Motor Products, Inc..(Davis, Dawn) |
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Filing 32
ORDER APPROVING ECF No. #30 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Daniel Casey Dineen for Clemens A. Koot and approving Designation of Local Counsel Lawrence Mittin. Signed by Judge Andrew P. Gordon on 2/20/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 31 RESPONSE to #20 Motion to Remand to State Court by Defendant Caterpillar Inc.. Replies due by 2/27/2024. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Ramirez, Jorge) |
| Filing 30 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel Casey Dineen and DESIGNATION of Local Counsel Lawrence E. Mittin (Filing fee $ 250 receipt number ANVDC-7591292) by Plaintiff Clemens A Koot. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Mittin, Lawrence) |
| Filing 29 CERTIFICATE of Interested Parties by Navistar, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Navistar International Corporation, Other Affiliate Traton US, LLC, Other Affiliate Traton SE, Other Affiliate Volkswagen AG for Navistar, Inc. added.. (Panford, Araba) |
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Filing 28
ORDER Striking Certificate of Interested Parties. IT IS ORDERED that defendant Morse Tec LLCs certificate of interested parties #26 is STRICKEN for failure to comply with Federal Rule of Civil Procedure 7.1(a) (2). IT IS FURTHER ORDERED defendant Morse Tec LLC to file a proper certificate of interested parties by February 28, 2024. Signed by Judge Andrew P. Gordon on 2/14/2024. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 27 STATEMENT REGARDING REMOVAL by Defendant Caterpillar Inc... (Ramirez, Jorge) |
| Filing 26 STRICKEN per #28 CERTIFICATE of Interested Parties by Morse Tec LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Enstar Holdings(US) LLC, Other Affiliate Enstar Group Limited for Morse Tec LLC added.. (Freeman, Eric) |
| Filing 25 MORSE TEC LLC'S ANSWER with Jury Demand re #1 Petition for Removal,, filed by Morse Tec LLC.(Freeman, Eric) |
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Filing 24
ORDER for Certificate of Interested Parties. IT IS FURTHER ORDERED defendant Navistar, Inc. to file a proper certificate of interested parties by February 23, 2024. Signed by Judge Andrew P. Gordon on 2/9/2024. (Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 23 CERTIFICATE of Interested Parties by Navistar, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Traton US, LLC, Corporate Parent Navistar International Corporation, Other Affiliate Traton SE, Other Affiliate Volkswagen AG for Navistar, Inc. added.. (Panford, Araba) |
| Filing 22 ANSWER to Complaint with Jury Demand filed by Navistar, Inc..(Panford, Araba) |
| Filing 21 CERTIFICATE of Interested Parties by DCO, LLC. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 20 MOTION to Remand to State Court by Plaintiff Clemens A Koot. Responses due by 2/20/2024. (Mittin, Lawrence) |
| Filing 19 CERTIFICATE of Interested Parties by Goodyear Tire & Rubber Company. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 18 CERTIFICATE of Interested Parties by Genuine Parts Company. There are no known interested parties other than those participating in the case. (Bonds, Kurt) |
| Filing 17 CERTIFICATE of Interested Parties by Pneumo Abex LLC. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 16 CERTIFICATE of Interested Parties by BWDAC, Inc.. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 15 CERTIFICATE of Interested Parties by Pfizer Inc.. There are no known interested parties other than those participating in the case. (Arata, Michael) |
| Filing 14 CERTIFICATE of Interested Parties by Goodrich Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent RTX Corporation for Goodrich Corporation added.. (Schuttert, Jay) |
| Filing 13 CERTIFICATE of Interested Parties by Parker-Hannifin Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent Parker-Hannifan Corporation, Other Affiliate Clemens A Koot, Other Affiliate BWDAC, Inc., Other Affiliate CNH Industrial America LLC, Other Affiliate Textron Aviation Inc., Other Affiliate Eaton Aeroquip, LLC, Other Affiliate Federal-Mogul Asbestos Personal Injury Trust, Other Affiliate Morse Tec LLC, Other Affiliate Caterpillar, Inc., Other Affiliate Honeywell International, Inc., Other Affiliate IMO Industries, Inc., Other Affiliate Pfizer, Inc, Other Affiliate Standard Motor Products, Inc., Other Affiliate Navistar, Inc., Other Affiliate Genuine Parts Company, Other Affiliate Goodyear Tire & Rubber Company, Other Affiliate Meritor, Inc., Other Affiliate Cummins, Inc., Other Affiliate Pneumo Abex LLC, Other Affiliate DCO, LLC, Other Affiliate Goodrich Corporation for Parker-Hannifin Corporation added.. (Davis, Dawn) |
| Filing 12 DEMAND for Trial by Jury by Defendant Parker-Hannifin Corporation. (Davis, Dawn) |
| Filing 11 Parker-Hannifin Corporation's ANSWER re #1 Petition for Removal,, to Plaintiff's Complaint filed by Parker-Hannifin Corporation. Certificate of Interested Parties due by 2/10/2024. Discovery Plan/Scheduling Order due by 3/16/2024.(Davis, Dawn) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 10 CERTIFICATE of Interested Parties by Clemens A Koot. There are no known interested parties other than those participating in the case. (Mittin, Lawrence) |
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Filing 9
Order (1) to Show Cause Why This Action Should Not Be Remanded for Lack of Subject Matter Jurisdiction and (2) Striking Certificates of Interested Parties. IT IS THEREFORE ORDERED that defendant Caterpillar Inc. shall show cause why this matter should not be remanded to state court for lack of subject matter jurisdiction. Failure to respond to this order by February 23, 2024 will result in remand to state court. IT IS FURTHER ORDERED that the certificates of interested parties filed by defendant Caterpillar Inc. #2 , plaintiff Clemens Koot #5 , and defendant Pfizer Inc. are STRICKEN for failure to comply with Federal Rule of Civil Procedure 7.1(a)(2). IT IS FURTHER ORDERED these parties shall file a proper certificate of interested parties by February 23, 2024. Signed by Judge Andrew P. Gordon on 1/30/2024. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 8 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 7 CERTIFICATE of Interested Parties by Pfizer Inc.. There are no known interested parties other than those participating in the case. (Arata, Michael) |
| Filing 6 DEMAND for Trial by Jury by Plaintiff Clemens A Koot. (Mittin, Lawrence) |
| Filing 5 STRICKEN per #9 CERTIFICATE of Interested Parties by Clemens A Koot. There are no known interested parties other than those participating in the case. (Mittin, Lawrence) |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Daniel Casey Dineen to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 2/12/2024. (no image attached) (CAH) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 1/29/2024. Statement regarding removed action is due by 2/13/2024. Joint Status Report regarding removed action is due by 2/28/2024. (Copies have been distributed pursuant to the NEF - CAH) |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (CAH) |
| Filing 2 STRICKEN per #9 CERTIFICATE of Interested Parties by Caterpillar Inc. There are no known interested parties other than those participating in the case (Verde, Brandon) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-881949-C, (Filing fee $ 405 receipt number ANVDC-7568067) by Caterpillar Inc.. Proof of service due by 2/18/2024. Certificate of Interested Parties due by 2/5/2024. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Civil Cover Sheet) (Verde, Brandon) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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