Gilbert et al v. Detroit Diesel Corp., et al
| Betty Gilbert and Joseph W. Gilbert |
| Mack Trucks, Inc., Hercules Engine Inc., Blackmer, Detroit Diesel Corp., Garlock Sealing Technologies LLC, Etnyre International, LTD, BorgWarner Inc., Wabash National Trailer Centers, Inc., White Consolidated Industries, Inc., Detroit Diesel Corporation, Bradco Supply Corp., Highway Trailer Sales Inc., Roper Pump Company, Hercules Engine Components LLC, Fairbanks Morse Engine, Schwitzer U.S. Inc., Cameron International Corp, Terex Corporation, Honeywell International, Inc., Fruehauf Trailer Corporation, Ingersoll-Rand Company, Pfizer, Inc., Crane Co., Wickes Lumber, Quigley Company, Inc., AGCO Corporation, Honeywell International Inc., Borg-Warner Automotive Inc., Caterpillar, Inc., General Motors Corporation, Rapid-American Corporation, Owens-Illinois, Inc., Detroit Diesel Engine, Ford Motor Company, Maremount Corp., Genuine Parts Company, Durabla Manufacturing Company, Carrier Corporation, Trailmobile Parts & Service Corporation, Dana Corporation, Butler Trailer Manufacturing Company, Inc., Daimler Chrysler Corporation, Certain Teed Corporation, Blackmer Pump Power & Manufacturing Company, Minnesota Mining & Manufacturing Company, Cleaver Brooks Company, Inc., Trailmobile Corporation, Dover Corporation, Cutler Hammer, Inc., Delphi Automotive Systems LLC, Wiley Bros. Inc., Cooper Cameron Corporation, Lipe-Automation Corp., Highway Trailer Company, Empire-Ace Insulation Mfg Corp., Goodyear Tire And Rubber Company, Borg-Warner Corporation, B.F. Goodrich, Hercules Motor Corporation, Union Carbide Corporation, Georgia Pacific Co., J. Becker & Sons, Inc., American Standard, Inc., BorgWarner Turbo Systems Inc., Garlock Inc., Anchor Packing Company, Detroit Diesel Allison (DDA), BorgWarner Automotive Inc., Hupp Motor Car Company, General Electric Company, Roper Industries Inc., Amchem Products, Inc., Electrolux Home Products, Inc., Cooper-Bessemer Corp., Goodyear Canada, Inc., J.H. France Refractories Company, International Truck and Engine Corporation, Allied Signal, Inc., Bird, Incorporated, Etnyre Trailer Company, Brockway Motor Truck Corporation, Alcoa Inc., Cummins Engine Company, Inc., U.S. Rubber Company (UNIROYAL) and Cooper Inc. |
| 1:2009cv00962 |
| August 26, 2009 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| David R. Homer |
| Thomas J McAvoy |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 25, 2009. A more recent docket listing may be available from PACER.
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Filing 25
Minute Entry: MOTION CALENDAR held 12/25/09 bef Sr. Judge Thomas J. McAvoy in Binghamton, NY: APP/CR/CRD: None; LC/SE. PLTFS' #19 MOTION to Remand and/or for reconsideration #17 Order - TAKEN ON SUBMIT [addressed by TJM #24 order]. (cml)
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Filing 24
DECISION AND ORDER granting Pltf's #19 Motion to Remand; denying Pltf's #19 Motion for Reconsideration. Signed by Senior Judge Thomas J. McAvoy on 12/16/09. (sfp, )
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Filing 23
CERTIFICATE OF SERVICE by Detroit Diesel Corporation re #21 Affidavit in Opposition to Motion,, (Bridge, Charles)
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Filing 22
REPLY to Response to Motion re #19 MOTION to Remand and/or for reconsideration MOTION for Reconsideration re #17 Order on Motion to Remand MOTION for Reconsideration re #17 Order on Motion to Remand MOTION for Reconsideration re #17 Order on Motion to Remand to State Court filed by Joseph W. Gilbert. (Attachments: #1 Affirmation Certificate of Service)(Golanski, Alani)
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Filing 21
AFFIDAVIT in Opposition re #19 MOTION to Remand and/or for reconsideration MOTION for Reconsideration re #17 Order on Motion to Remand MOTION for Reconsideration re #17 Order on Motion to Remand MOTION for Reconsideration re #17 Order on Motion to Remand filed by Detroit Diesel Corporation. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s))(Bridge, Charles)
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Filing 20
LETTER BRIEF in Further Support of Motion for Remand by Joseph W. Gilbert. (Attachments: #1 Exhibit(s) Decision, Hendricks (N.D. Cal. Nov. 26, 2009))(Golanski, Alani)
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NOTICE of Hearing on Motion: Pltf #19 MOTION to Remand and/or for reconsideration re #17 Order on Motion to Remand is placed on Judge McAvoy's 12/25/09 motion calendar in Binghamton. If oral argument is necessary, a separate date will be set. Response to Motion due by 12/8/2009. Reply to Response to Motion due by 12/14/2009. (sfp, )
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Filing 19
MOTION to Remand and/or for reconsideration ( Response to Motion due by 12/28/2009, Reply to Response to Motion due by 12/31/2009.), MOTION for Reconsideration re #17 Order on Motion to Remand ( Response to Motion due by 1/11/2010 ) Motion Hearing set for 1/11/2010 10:00 AM in Albany before Senior Judge Thomas J. McAvoy filed by Joseph W. Gilbert. (Attachments: #1 Declaration in support of motion for remand and/or reconsideration, #2 Exhibit(s) Order denying remand, Oct 30, 2009, #3 Exhibit(s) Decision, N.D. Cal, Oct. 27, 2009, #4 Affirmation certificate of service) Motions referred to David R. Homer. (Golanski, Alani)
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Filing 18
Minute Entry: MOTION CALENDAR held 11/09/09 bef Sr. Judge Thomas J. McAvoy in Albany, NY: APP/CR/CRD: None; LC/SE. Pltf Gilbert's #8 MOTION to Remand to State Court - TAKEN ON SUBMIT [addressed by TJM #17 order]. (cml)
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Filing 17
DECISION AND ORDER denying Pltf's #8 Motion to Remand. Signed by Senior Judge Thomas J. McAvoy on 10/30/09. (sfp, )
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Court's Text Notice to parties advising that the pending motion for 11/9/09 is on submit basis, no appearances necessary. (sfp, )
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Filing 16
RESPONSE to Motion re #8 MOTION to Remand to State Court filed by Detroit Diesel Corporation. (Bridge, Charles)
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Filing 15
AFFIDAVIT in Opposition re #8 MOTION to Remand to State Court Declaration filed by Detroit Diesel Corporation. (Attachments: # 1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s))(Bridge, Charles) (Additional attachment(s) added on 10/23/2009: #7 Redacted Exhibit A) (sfp, ).
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Filing 14
MEMORANDUM OF LAW re #8 Motion to Remand, filed by Detroit Diesel Corporation. (Bridge, Charles)
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CLERK'S CORRECTION OF DOCKET ENTRY - Clerk edited text of document #12 to reflect that it is a certificate of service, not an affidavit in support of motion. Also, deleted Exhibit A of document #15 to replace it with a redacted version of it. (sfp, )
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Filing 13
AFFIDAVIT in Support re #8 MOTION to Remand to State Court Corrected Supplemental Declaration filed by Joseph W. Gilbert. (Attachments: #1 Exhibit(s) Transcript Bankrupty Court hearing, #2 Affirmation Certificate of Service)(Golanski, Alani)
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Filing 12
CERTIFICATE OF SERVICE re: #11 AFFIDAVIT in Support of #8 MOTION to Remand to State Court filed by Joseph W. Gilbert. (Golanski, Alani) Modified on 10/23/2009 to state this is a certificate of service not an affidavit in support of motion.(sfp, ).
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Filing 11
AFFIDAVIT in Support re #8 MOTION to Remand to State Court Supplemental Declaration filed by Joseph W. Gilbert. (Attachments: #1 Exhibit(s) Transcript of Bankruptcy Court Hearing)(Golanski, Alani)
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Filing 10
ENDORSED ORDER Pursuant to 28 U.S.C. sec. 1452, only the claims against defendant Detroit Diesel should have been removed to this Court. Accordingly, all other defendants are hereby terminated from this action. Signed by Senior Judge Thomas J. McAvoy on 10/7/09. (sfp, )
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Filing 9
Letter Motion from Alani Golanski for Joseph W. Gilbert requesting Clarification of Scope of Removal submitted to Judge McAvoy. (Golanski, Alani)
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Filing 8
MOTION to Remand to State Court Motion Hearing set for 11/9/2009 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 10/23/2009 Reply to Response to Motion due by 10/29/2009. filed by Joseph W. Gilbert. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Memorandum of Law, #5 Certificate of Service) (Golanski, Alani)
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Filing 7
NOTICE of Stipulation of Dismissal as to Deft Alcoa Inc. filed with New York State Supreme Court, County of Albany. (Attachments: #1 Stipulation of Dismissal)(sfp, )
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Filing 6
NOTICE of Admission Requirement for attorney Talen Megerian. Admissions due by 9/30/2009. (Attachments: #1 Letter)(sfp, )
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Filing 5
NOTICE of ECF Compliance sent to attorney's Lori Anne Fee and Marc Kasowitz. Admissions due by 9/11/2009. [mailed this notice to attorney's.](sfp, )
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Filing 4
NOTICE of Admission Requirement for attorney's Brian Schlosser, Paulo Lima, Diane Miller, Chris Gannon, Theodore Eder, Lisa Pascarella, Kirsten Kneis, Scott Emery, Steve Kevelson, Nancy Pennie, Gregg Borri, Holly Hecker, Donald Pugliese, Frank Quinn, Michelle Regan, Peter Corrigan, Ian Grodman, Linda Yassky, Dave Schaefer, Norman Senoir. Admissions due by 9/28/2009. (Attachments: #1 List of Attorney's) [mailed this notice to all atty's listed.](sfp, )
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Filing 3
G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 1/12/2010 at 09:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 1/4/2010. (sfp, )
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Filing 2
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Detroit Diesel Corp., Detroit Diesel Corporation. (sfp, )
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Filing 1
NOTICE OF REMOVAL from NYS Supreme Court - Albany County, case number 2008-956 (Filing fee $350 receipt number 1378391) filed by Detroit Diesel Corp., Detroit Diesel Corporation. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Service, #3 Exhibit A - Sms and Cmp, #4 Exhibit B - Detroit Diesel Answer)(sfp, )
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