Koot v. BWDAC, Inc. et al
Plaintiff: Clemens A Koot
Defendant: 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
Case Number: 2:2024cv00190
Filed: January 26, 2024
Court: US District Court for the District of Nevada
Presiding Judge: Andrew P Gordon
Referring Judge: Nancy J Koppe
2 Judge: Elayna J Youchah
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Asbestos Litigation
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2024 Opinion or Order 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)
March 18, 2024 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)
March 15, 2024 Filing 67 Stipulated Discovery Plan and Scheduling Order by Defendant Caterpillar Inc... (Ramirez, Jorge)
March 14, 2024 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)
March 8, 2024 Filing 65 Joint STATUS REPORT by Defendant Caterpillar Inc... (Ramirez, Jorge)
March 7, 2024 Opinion or Order 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)
March 5, 2024 Filing 63 JOINDER to #31 Response by Defendant Eaton Aeroquip, LLC.. (Edwards, Michael)
March 5, 2024 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)
March 4, 2024 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.
February 28, 2024 Filing 60 STATEMENT REGARDING REMOVAL by Defendant Genuine Parts Company.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bonds, Kurt)
February 28, 2024 Filing 59 JOINDER to #31 Response by Defendant Morse Tec LLC.. (Freeman, Eric)
February 28, 2024 Filing 58 JOINDER to #27 Statement in Removal Case by Defendant Honeywell International Inc.. (Garth, Adam)
February 28, 2024 Filing 57 JOINDER to #31 Response by Defendant IMO Industries, Inc.. (Carranza, Edgar)
February 27, 2024 Filing 56 JOINDER to #31 Response by Defendant Goodrich Corporation.. (Schuttert, Jay)
February 27, 2024 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)
February 27, 2024 Filing 54 JOINDER to #20 Motion to Remand to State Court by Defendant Genuine Parts Company. (Bonds, Kurt)
February 27, 2024 Filing 53 JOINDER to #31 Response by Defendant Standard Motor Products, Inc.. (Davis, Dawn)
February 27, 2024 Filing 52 JOINDER to #31 Response by Defendant Cummins, Inc.. (Davis, Dawn)
February 27, 2024 Filing 51 JOINDER to #31 Response by Defendant Parker-Hannifin Corporation. (Davis, Dawn)
February 27, 2024 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)
February 26, 2024 Filing 49 REPLY to Response to #20 Motion to Remand to State Court by Plaintiff Clemens A Koot. (Mittin, Lawrence)
February 23, 2024 Filing 48 CERTIFICATE of Interested Parties by Caterpillar Inc.. There are no known interested parties other than those participating in the case. (Ramirez, Jorge)
February 23, 2024 Filing 47 RESPONSE to #9 Order,,, by Defendant Caterpillar Inc.. (Ramirez, Jorge)
February 23, 2024 Filing 46 JOINDER to #31 Response by Defendant Navistar, Inc.. (Panford, Araba)
February 23, 2024 Filing 45 ANSWER with Jury Demand re #1 Petition for Removal,, filed by IMO Industries, Inc..(Carranza, Edgar)
February 23, 2024 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)
February 22, 2024 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)
February 22, 2024 Filing 42 JOINDER to #31 Response by Defendant Pneumo Abex LLC. (Abbott, Steven)
February 22, 2024 Filing 41 JOINDER to #31 Response by Defendant Goodyear Tire & Rubber Company. (Abbott, Steven)
February 22, 2024 Filing 40 JOINDER to #31 Response by Defendant DCO, LLC. (Abbott, Steven)
February 22, 2024 Filing 39 JOINDER to #31 Response by Defendant BWDAC, Inc.. (Abbott, Steven)
February 21, 2024 Filing 38 NOTICE Demand for Jury Trial by Cummins, Inc... (Davis, Dawn)
February 21, 2024 Filing 37 CERTIFICATE of Interested Parties by Cummins, Inc.. There are no known interested parties other than those participating in the case. (Davis, Dawn)
February 21, 2024 Filing 36 ANSWER re #1 Petition for Removal,, Answer to Plaintiff's Complaint filed by Cummins, Inc..(Davis, Dawn)
February 21, 2024 Filing 35 DEMAND for Trial by Jury by Defendant Standard Motor Products, Inc.. (Davis, Dawn)
February 21, 2024 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)
February 21, 2024 Filing 33 ANSWER to Complaint filed by Standard Motor Products, Inc..(Davis, Dawn)
February 20, 2024 Opinion or Order 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)
February 20, 2024 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)
February 19, 2024 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)
February 19, 2024 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)
February 14, 2024 Opinion or Order 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)
February 13, 2024 Filing 27 STATEMENT REGARDING REMOVAL by Defendant Caterpillar Inc... (Ramirez, Jorge)
February 13, 2024 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)
February 13, 2024 Filing 25 MORSE TEC LLC'S ANSWER with Jury Demand re #1 Petition for Removal,, filed by Morse Tec LLC.(Freeman, Eric)
February 9, 2024 Opinion or Order 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)
February 8, 2024 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)
February 8, 2024 Filing 22 ANSWER to Complaint with Jury Demand filed by Navistar, Inc..(Panford, Araba)
February 7, 2024 Filing 21 CERTIFICATE of Interested Parties by DCO, LLC. There are no known interested parties other than those participating in the case (Abbott, Steven)
February 6, 2024 Filing 20 MOTION to Remand to State Court by Plaintiff Clemens A Koot. Responses due by 2/20/2024. (Mittin, Lawrence)
February 6, 2024 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)
February 5, 2024 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)
February 2, 2024 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)
February 2, 2024 Filing 16 CERTIFICATE of Interested Parties by BWDAC, Inc.. There are no known interested parties other than those participating in the case (Abbott, Steven)
February 1, 2024 Filing 15 CERTIFICATE of Interested Parties by Pfizer Inc.. There are no known interested parties other than those participating in the case. (Arata, Michael)
January 31, 2024 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)
January 31, 2024 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)
January 31, 2024 Filing 12 DEMAND for Trial by Jury by Defendant Parker-Hannifin Corporation. (Davis, Dawn)
January 31, 2024 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.
January 31, 2024 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)
January 30, 2024 Opinion or Order 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)
January 30, 2024 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)
January 30, 2024 Filing 7 CERTIFICATE of Interested Parties by Pfizer Inc.. There are no known interested parties other than those participating in the case. (Arata, Michael)
January 29, 2024 Filing 6 DEMAND for Trial by Jury by Plaintiff Clemens A Koot. (Mittin, Lawrence)
January 29, 2024 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)
January 29, 2024 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)
January 29, 2024 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)
January 26, 2024 Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (CAH)
January 26, 2024 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)
January 26, 2024 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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Search for this case: Koot v. BWDAC, Inc. et al
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Plaintiff: Clemens A Koot
Represented By: Lawrence E. Mittin
Represented By: Daniel Casey Dineen
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Defendant: BWDAC, Inc.
Represented By: Steven B Abbott
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Defendant: Pneumo Abex LLC
Represented By: Steven B Abbott
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Defendant: DCO, LLC
Represented By: Steven B Abbott
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Defendant: Goodyear Tire & Rubber Company
Represented By: Steven B Abbott
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Defendant: Genuine Parts Company
Represented By: Kurt R. Bonds
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Defendant: Pfizer Inc.
Represented By: Leonard T. Fink
Represented By: Michael McLoughlin
Represented By: Michael Arata
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Defendant: Meritor, Inc.
Represented By: Robert E Schumacher
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Defendant: CNH Industrial America LLC
Represented By: Robert E Schumacher
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Defendant: Goodrich Corporation
Represented By: Alexandria LaVonne Layton
Represented By: Jay Joseph Schuttert
Represented By: Skylar Arakawa-Pamphilon
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Defendant: Honeywell International Inc.
Represented By: Adam Garth
Represented By: Najum Anwar
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Defendant: Textron Aviation Inc.
Represented By: Dawn L. Davis
Represented By: Tracy H. Fowler
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Defendant: Caterpillar Inc.
Represented By: Brandon Verde
Represented By: Jorge A Ramirez
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Defendant: Cummins, Inc.
Represented By: Christian Ogata
Represented By: Dawn L. Davis
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Defendant: Eaton Aeroquip, LLC
Represented By: Michael M. Edwards
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Defendant: Federal-Mogul Asbestos Personal Injury Trust
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Defendant: IMO Industries, Inc., individually and as successor in interest to Adel Fasteners
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Defendant: Morse Tec LLC
Represented By: Eric O Freeman
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Defendant: Navistar, Inc.
Represented By: Joseph Sullivan
Represented By: Araba Panford
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Defendant: Parker-Hannifin Corporation
Represented By: Dawn L. Davis
Represented By: Tracy H. Fowler
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Defendant: Standard Motor Products, Inc.
Represented By: Dawn L. Davis
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Defendant: American Brake Shoe Company
Represented By: Steven B Abbott
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Defendant: American Brake Shoe and Foundry Company
Represented By: Steven B Abbott
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Defendant: American Brake Materials Corporation
Represented By: Steven B Abbott
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Defendant: Dana Companies, LLC
Represented By: Steven B Abbott
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Defendant: ArvinMeritor, Inc.
Represented By: Robert E Schumacher
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Defendant: Rockwell Automotive, Inc.
Represented By: Robert E Schumacher
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Defendant: CNH America LLC
Represented By: Robert E Schumacher
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Defendant: Case Corporation
Represented By: Robert E Schumacher
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Defendant: The BF Goodrich Company
Represented By: Alexandria LaVonne Layton
Represented By: Jay Joseph Schuttert
Represented By: Skylar Arakawa-Pamphilon
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Defendant: IMO Industries, Inc.
Represented By: Tiffanie Bittle
Represented By: Edgar Carranza
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Defendant: BorgWarner Morse TEC LLC
Represented By: Eric O Freeman
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