Taylor et al v. L & P Building Supply of Las Cruces, Inc. et al
Melvin Taylor, III, Rebecca McFarland, Melvin Taylor and Diana E. Taylor |
L & P Building Supply of Las Cruces, Inc., Ferguson Enterprises, Inc., of Virgina, El Paso Pipe and Pump Supply Company, American Optical Corporation, Honeywell International, Inc., Certainteed Corporation, Kaiser Gypsum Company, Inc., Kelly Moore Paint Company, Inc., Union Carbide Corporation, Georgia Pacific Corporation and Hajoca Corporation |
2:2014cv00989 |
October 31, 2014 |
US District Court for the District of New Mexico |
Las Cruces Office |
Dona Ana |
James O Browning |
Carmen E Garza |
Asbestos Personal Injury Product Liability |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on February 29, 2016. A more recent docket listing may be available from PACER.
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Filing 111 FINAL JUDGMENT by District Judge James O. Browning. (kw) |
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Filing 107 MOTION to Extend (other) Deadline to File Closing Documents Regarding Plaintiffs and Defendant Honeywell International Inc. Settlement by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III. (Reed, Joshua) Modified on 1/6/2016 (dmw). |
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Filing 105 STIPULATION re #98 Order to Submit Closing Document by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III (Reed, Joshua) |
Filing 104 TRANSCRIPT of Motion Proceedings held on February 13, 2015, before District Judge James O. Browning. Court Reporter/Transcriber Jennifer Bean, Telephone number 505-348-2283. Tape Number: NA. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 12/11/2015. Redaction Request due 12/28/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 3/3/2016.(jab) |
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Filing 101 Clerk's Minutes for proceedings held before Magistrate Judge Carmen E. Garza: Status Conference held on 12/1/2015. (ds) |
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Filing 97 Clerk's Minutes for proceedings held before Magistrate Judge Carmen E. Garza: Status Conference held on 11/10/2015. (ds) |
Filing 96 NOTICE of Settlement by Certainteed Corporation (Birk, Mary) |
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Filing 93 CERTIFICATE OF SERVICE by Honeywell International, Inc. of Rule 26(a)(2) Disclosures (Petersen, Tonn) |
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Filing 91 NOTICE by Certainteed Corporation of Service of Fed.R.Civ.P. 26(a)(2) Disclosures (Birk, Mary) |
Filing 90 Stipulated MOTION to Modify Scheduling Order #71 by Honeywell International, Inc. (Petersen, Tonn) Modified event/text on 9/16/2015 (dmw). |
Filing 89 CERTIFICATE OF SERVICE by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III, Melvin Taylor of first supplemental disclosure statement (Reed, Joshua) Modified to add text on 9/14/2015 (dmw). |
Filing 88 NOTICE by Certainteed Corporation of Service of Sixth Supplemental Disclosure Statement (Birk, Mary) |
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Filing 85 NOTICE of Change of Address by Joshua O Reed (Reed, Joshua) |
Filing 84 NOTICE by Certainteed Corporation of Service of Defendant CertainTeed Corporation's Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents (Birk, Mary) |
Filing 83 CERTIFICATE OF SERVICE by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III, Melvin Taylor Re: PLAINTIFFS RULE 26(a) DISCLOSURES of EXPERT WITNESS AND PRODUCTION OF REPORTS (Reed, Joshua) |
Filing 82 NOTICE by Certainteed Corporation of Service of Fifth Supplemental Disclosure Statement (Birk, Mary) |
Filing 80 NOTICE by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III of Entry of Order Appointing Personal Representative (Attachments: #1 Order Appointing Personal Representative)(Reed, Joshua) |
Filing 78 **FILED IN ERROR** NOTICE by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III of Deposition of Hoyt Inman (Reed, Joshua) Modified on 2/25/2015 (dmw). |
Filing 77 **FILED IN ERROR** NOTICE by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III of Deposition of Johnny McGrane (Reed, Joshua) Modified on 2/25/2015 (dmw). |
Filing 76 **FILED IN ERROR** NOTICE by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III of Deposition of Don Jessup (Reed, Joshua) Modified on 2/25/2015 (dmw). |
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Filing 74 Unopposed MOTION to Dismiss with Prejudice by Kaiser Gypsum Company, Inc. (Gilbert, Kurt) Modified event on 2/5/2015 (dmw). |
Filing 73 REPLY to Response to Motion re #56 MOTION for Default Judgment as to Counterclaims [Doc.19-5] of Wrongful Joinder filed by L & P Building Supply of Las Cruces, Inc.. (Frith, Gilbert) |
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Filing 70 Letter to counsel from District Judge James O. Browning (dmw) |
Filing 69 MEMORANDUM in Opposition re #56 MOTION for Default Judgment as to Counterclaims [Doc.19-5] of Wrongful Joinder filed by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III. (Attachments: #1 Declaration of Jeffrey A. Kaiser in Support of Plaintiffs Opposition to L&P Building Supply of Las Cruces Inc.s Motion for Default Judgment on Counterclaims of Wrongful Joinder, #2 Exhibit 1, #3 Exhibit 2)(Kaiser, Jeffrey) |
Filing 68 Clerk's Minutes for proceedings held before District Judge James O. Browning: Initial Scheduling Conference held on 1/26/2015. (Court Reporter Jennifer Bean) (dmw) |
Filing 67 NOTICE of motion hearing regarding L&P Building Supply of Las Cruces Inc.'s Motion for Default or Rule 1-012(c) Motion for Judgment on the Pleadings or in the Alternative Summary Judgment on Counterclaims of Wrongful Joinder; Motion to Sever Counterclaims and for Counterclaim Damages and Motion for Summary Judgment Against Plaintiffs and Dismissal [19-14, pg. 1. thru 19-16, pg. 8] and L&P Building Supply of Las Cruces Inc.'s Motion for Default Judgment on Counterclaims [19-5] of Wrongful Joinder #56 scheduled for 2/13/2015 at 09:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 66 Defendant Kaiser Gypsum Company Inc.'s ANSWER to #48 Amended Complaint, for Wrongful Death, Loss of Consortium, Personal Injury and Punitive Damages by Kaiser Gypsum Company, Inc..(Gilbert, Kurt) |
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Filing 62 NOTICE by L & P Building Supply of Las Cruces, Inc. of Motion to Appear Telephonically (Frith, Gilbert) |
Filing 61 MOTION for Leave to Appear Telephonically by Honeywell International, Inc.. (Petersen, Tonn) |
Filing 60 MOTION for Leave to Appear Telephonically by Georgia Pacific Corporation. (Petersen, Tonn) |
Filing 59 MOTION for Leave to Appear Telephonically by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III, Melvin Taylor. (Reed, Joshua) |
Filing 58 MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, vacating the Initial Scheduling Conference scheduled for 1/21/2015 and rescheduling for 1/26/2015 at 11:00 AM. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw) |
Filing 57 NOTICE of Initial Scheduling Conference scheduled for 1/21/2015 at 11:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 56 MOTION for Default Judgment as to Counterclaims [Doc.19-5] of Wrongful Joinder by L & P Building Supply of Las Cruces, Inc.. (Frith, Gilbert) |
Filing 55 ANSWER to #48 Amended Complaint, by Georgia Pacific Corporation.(Petersen, Tonn) |
Filing 54 ANSWER to #48 Amended Complaint, by Honeywell International, Inc..(Petersen, Tonn) |
Filing 52 MEMORANDUM in Opposition to Defendant L&P Building Supply's Request for Entry of Order Granting Motion to Sever Counterclaims and Default Judgment on Counterclaims of Wrongful Joinder filed by Rebecca McFarland, Diana E. Taylor, Melvin Taylor, III, Melvin Taylor. (Reed, Joshua) |
Filing 51 ANSWER to #48 Amended Complaint, by American Optical Corporation.(Edelman, Spencer) |
Filing 50 ANSWER to #48 Amended Complaint, by Certainteed Corporation.(Hellbusch, Ronald) |
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Filing 53 Letter to District Judge James O. Browning from Jeffrey A. Kaiser (dmw) |
Filing 48 AMENDED COMPLAINT FOR WRONGFUL DEATH, LOSS OF CONSORTIUM, PERSONAL INJURY AND PUNITIVE DAMAGES against All Defendants. adding Melvin Taylor, III and Rebecca McFarland., filed by Diana E. Taylor. (Attachments: #1 Exhibit 1)(Reed, Joshua) |
Filing 47 MOTION to Dismiss with Prejudice (Unopposed) by Union Carbide Corporation. (Birk, Mary) |
Filing 46 **FILED IN ERROR** Unopposed MOTION to Appoint Personal Representative by Diana E. Taylor, Melvin Taylor. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kaiser, Jeffrey) Modified text on 12/18/2014 (dmw). Modified on 1/13/2015 (dmw). |
Filing 45 NOTICE by L & P Building Supply of Las Cruces, Inc. re #19 Transmittal State Court Documents, Notice of Completion of Briefing (Frith, Gilbert) |
Filing 44 NOTICE by Diana E. Taylor, Melvin Taylor D.N.M. LR-Civ 83.3 Certification - Jeffrey Kaiser (Kelin, Zackeree) |
Filing 43 NOTICE by Diana E. Taylor, Melvin Taylor D.N.M. LR-Civ 83.3 Certification - Joshua O. Reed (Kelin, Zackeree) |
Filing 42 NOTICE of Appearance by Jeffrey A Kaiser on behalf of All Plaintiffs (Kaiser, Jeffrey) |
Filing 41 NOTICE of Appearance by Joshua O Reed on behalf of All Plaintiffs (Reed, Joshua) |
Association Dues Received: $ 100 receipt number 1084-3850579 re: # 40 Association of Attorney Licensed Outside the District, filed by Melvin Taylor, Diana E. Taylor (Payment made via Pay.gov)(Reed, Joshua) |
Association Dues Received: $ 100 receipt number 1084-3850552 re: # 39 Association of Attorney Licensed Outside the District, filed by Melvin Taylor, Diana E. Taylor (Payment made via Pay.gov)(Kaiser, Jeffrey) |
Filing 40 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Diana E. Taylor, Melvin Taylor by Zackeree S Kelin on behalf of: Joshua O. Reed Kaiser Gornick LLP 100 First Street, 25th FloorSan Francisco, CA 94105 (415) 857-7400 Fax (415) 857-7499 jreed@kaisergornick.com (Association Dues - Deliver Payment) (Kelin, Zackeree)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 39 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Diana E. Taylor, Melvin Taylor by Zackeree S Kelin on behalf of: Jeffery A. Kaiser Kaiser Gornick LLP 100 First Street, 25th FloorSan Francisco, CA 94105 (415) 857-7400 Fax (415) 857-7499 jkaiser@kaisergornick.com (Association Dues - Deliver Payment) (Kelin, Zackeree)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 38 NOTICE of Appearance by Zackeree S Kelin on behalf of All Plaintiffs (Kelin, Zackeree) |
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Filing 36 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: nos. 24, 25, 26, 27. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (hbs) |
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Filing 34 CERTIFICATE OF SERVICE by Kaiser Gypsum Company, Inc. re #33 Corporate Disclosure Statement (Gilbert, Kurt) |
Filing 33 Corporate Disclosure Statement by Kaiser Gypsum Company, Inc. (Gilbert, Kurt) |
Filing 32 Unopposed MOTION to Dismiss Party for Dismissal with Prejudice as to Defendant Hajoca Corporation Only by Hajoca Corporation. (Rappaport, Matthew) |
Filing 31 PLEASE TAKE NOTICE that this case has been reassigned to U.S. District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. U.S. Magistrate Judge Gregory B. Wormuth is no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mr) |
Filing 30 CERTIFICATE OF SERVICE by American Optical Corporation of American Optical's Initial Disclosures (Edelman, Spencer) |
Filing 29 NOTICE by Certainteed Corporation Certificate of Service for Its Initial Disclosures (Birk, Mary) |
Filing 28 Joint Status Report And Provisional Discovery Plan by Certainteed Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit Q, #16 Exhibit R, #17 Exhibit T, #18 Exhibit U, #19 Exhibit V, #20 Exhibit W)(Birk, Mary) |
Filing 23 Corporate Disclosure Statement by American Optical Corporation identifying Corporate Parent Coast Holdings Inc. for American Optical Corporation. (Edelman, Spencer) |
Filing 22 Corporate Disclosure Statement by Honeywell International, Inc. (Petersen, Tonn) |
Filing 21 Corporate Disclosure Statement by Georgia Pacific Corporation (Petersen, Tonn) |
Filing 20 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 7 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kls) |
Filing 19 Transmittal of State Court Documents by Certainteed Corporation (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6, #7 Appendix 7, #8 Appendix 8, #9 Appendix 9, #10 Appendix 10, #11 Appendix 11, #12 Appendix 12, #13 Appendix 13, #14 Appendix 14, #15 Appendix 15, #16 Appendix 16, #17 Appendix 17, #18 Appendix 18, #19 Appendix 19, #20 Appendix 20, #21 Appendix 21, #22 Appendix 22, #23 Appendix 23, #24 Appendix 24, #25 Appendix 25, #26 Appendix 26, #27 Appendix 27, #28 Appendix 28, #29 Appendix 29)(Birk, Mary) |
Filing 18 CORRECTED Corporate Disclosure Statement by L & P Building Supply of Las Cruces, Inc. (Frith, Gilbert) Modified/Corrected case number on 11/14/2014 (jv). |
Filing 17 NOTICE by Union Carbide Corporation of Withdrawal of Counsel (Dorman, Dahlia) |
Filing 16 NOTICE by American Optical Corporation Of Withdrawal of Counsel (Dorman, Dahlia) |
Filing 15 NOTICE by Certainteed Corporation of Withdrawal of Counsel (Dorman, Dahlia) |
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Filing 13 Corporate Disclosure Statement by Certainteed Corporation (Birk, Mary) |
Filing 12 SUGGESTION OF DEATH Upon the Record Pursuant to FRCP 25 by Certainteed Corporation (Birk, Mary) |
Filing 11 Corporate Disclosure Statement by L & P Building Supply of Las Cruces, Inc. (Frith, Gilbert) |
Filing 10 Corporate Disclosure Statement by Hajoca Corporation identifying Corporate Parent Hajoca Corporation for Hajoca Corporation. (Rappaport, Matthew) |
Filing 9 NOTICE by Certainteed Corporation re 7 Association of Attorney Licensed Outside the District, Certification of Good Standing and Entry of Appearance of Ronald Hellbusch Licensed Outside of the District of New Mexico (Edelman, Spencer) |
Filing 8 NOTICE by Certainteed Corporation re 6 Association of Attorney Licensed Outside the District, Certification of Good Standing and Entry of Appearance of Mary Price Birk Licensed Outside of the District of New Mexico (Edelman, Spencer) |
Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Defendant Certainteed Corporation by Spencer L Edelman on behalf of: Ronald L. Hellbusch BakerHostetler 1801 California Street, Suite 4400Denver, CO 80202 303-764-4032 Fax 303-861-7805 rhellbusch@bakerlaw.com (Association Dues - Online Payment) (Edelman, Spencer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 6 ASSOCIATION of Attorney Licensed Outside the District for Defendant Certainteed Corporation by Spencer L Edelman on behalf of: Mary Price Birk BakerHostetler 1801 California Street, Suite 4400Denver, CO 80202 303-764-4041 Fax 303-861-7805 mbirk@bakerlaw.com (Association Dues - Online Payment) (Edelman, Spencer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Association Dues Received: $ 100 receipt number 1084-3813618 re: # 7 Association of Attorney Licensed Outside the District, filed by Certainteed Corporation (Payment made via Pay.gov)(Edelman, Spencer) |
Association Dues Received: $ 100 receipt number 1084-3813552 re: # 6 Association of Attorney Licensed Outside the District, filed by Certainteed Corporation (Payment made via Pay.gov)(Edelman, Spencer) |
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Filing 4 CERTIFICATE OF SERVICE by Certainteed Corporation re 3 Notice of Magistrate Judge Assignment (Text Only),,, (Edelman, Spencer) |
Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmcourt.fed.us for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh) |
Magistrate Judge Gregory B. Wormuth and Magistrate Judge Carmen E. Garza assigned. (kdh) |
Filing 2 APPENDIX/SUPPLEMENT re #1 Notice of Removal, Notice of Filing Exhibits 5 and 6 to Notice of Removal by Certainteed Corporation (Attachments: #1 Exhibit Exhibit 5 Part 1 of 2, #2 Exhibit Exhibit 5 Part 2 of 2, #3 Exhibit Exhibit 6 Part 1 of 3, #4 Exhibit Exhibit 6 Part 2 of 3, #5 Exhibit Exhibit 6 Part 3 of 3)(Edelman, Spencer) |
Filing 1 NOTICE OF REMOVAL by Certainteed Corporation from Santa Fe District Court, case number D-101-CV-2013-02844. ( Filing Fee - Online Payment), filed by Certainteed Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Civil Cover Sheet)(Edelman, Spencer) |
Filing and Administrative Fees Received: $ 400 receipt number 1084-3805020 re #1 Notice of Removal, filed by Certainteed Corporation (Payment made via Pay.gov)(Edelman, Spencer) |
Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (kdh) |
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