Hauck v. Advance Auto Parts Inc. et al
Phyliss Hauck |
Air & Liquid Systems Corporation, Borg Warner Morse TEC, Inc., Burnham LLC, Georgia Pacific, LLC, Honeywell International, Inc., National Service Industries Inc., Sequoia Ventures Inc., Trane Us Inc., Whitney Automotive Group Inc., Advance Auto Parts Inc., Buffalo Pumps Inc., Armstrong International Inc., Arvinmeritor Inc., Autozone Inc., Borg Warner Corporation, Burnham Corporation, Crane Co., Cummins Inc., Curtiss-Wright Corporation, Dana Companies, LLC, Flowserve Corporation, Fluor Corporation, FMC Corporation, Ford Motor Company, Fulton Boiler Works Inc., Gardner Denver Inc., Genuine Parts Company, Georgia-Pacific Corporation, Gorman Rupp Company, Goulds Pumps Inc., Grinnell Corporation, Alliedsignal Inc., successor-in-interest to the Bendix Corporation, Kaiseer Gypsum Company Inc., Kelsey Hayes Company, National Automotive Parts Association, North Brothers, Patterson Pump Company, Peerless Industries, Inc. doing business as Peerless Heater Company, Pep Boys-Manny, Moe & Jack, Pneumo Abex Corporation, Prestolite Wire LLC, RayPack Inc., Robert Bosch LLC, Rockwell International Corp., Bechtel Corporation, The GoodYear Tire & Rubber Company, American Standard Inc., Warren Pumps LLC and J.C. Whitney & Co. |
H.B. Smith Company, Inc., Ingersoll-Rand Company, Mannington Mills Inc., Roper Pump Co., Union Carbide Corporation, Weil-McLain Company, Inc., York International Corporation, Zurn Industries LLC and Peerless Industries, Inc. |
Kelly Moore Paint Company Inc. |
1:2012cv08949 |
December 10, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Paul A Crotty |
P.I. : Asbestos |
28 U.S.C. § 1442 nr Notice of Removal |
None |
Docket Report
This docket was last retrieved on September 30, 2016. A more recent docket listing may be available from PACER.
Document Text |
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***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Daniel Kuszmerski to E-MAIL Document No. #50 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km) |
Filing 50 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) York International Corporation pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by York International Corporation.(Kuszmerski, Daniel) Modified on 9/30/2016 (km). |
Filing 49 MANDATE of USCA (Certified Copy) as to #48 Notice of Appeal, filed by Crane Co. USCA Case Number 13-1425. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/28/2013. (tp) |
Transmission of USCA Mandate/Order to the District Judge re: #49 USCA Mandate. (tp) |
Received returned mail re: #43 Memorandum & Opinion. Mail was addressed to Christopher R. LoPalo at 350 Fifth Ave., New York, NY and was returned for the following reason(s): Unable to Forward. (ft) |
Filing 48 NOTICE OF APPEAL from #47 Memo Endorsement, Terminate Motions. Document filed by Crane Co.. Filing fee $ 455.00, receipt number 0208-8409950. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Digiglio, Angela) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #48 Notice of Appeal,. (nd) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #30 Notice of Appearance filed by Weil-McLain Company, Inc., #26 Notice of Appearance filed by The GoodYear Tire & Rubber Company, #28 Notice of Appearance filed by Crane Co., #15 Memorandum of Law in Support of Motion filed by Phyliss Hauck, #34 Notice of Appearance filed by Trane Us Inc., #25 Rule 7.1 Corporate Disclosure Statement filed by Georgia Pacific, LLC, #6 Answer to Complaint, Crossclaim filed by Kelly Moore Paint Company Inc., #14 Notice (Other) filed by Phyliss Hauck, #11 FIRST MOTION to Remand to State Court. filed by Phyliss Hauck, #45 Affirmation in Support of Motion filed by Crane Co., #32 Notice of Appearance filed by Ingersoll-Rand Company, #46 Memorandum of Law in Support of Motion filed by Crane Co., #36 Notice of Appearance filed by Phyliss Hauck, #47 Memo Endorsement, Terminate Motions, #40 Notice of Appearance filed by Sequoia Ventures Inc., #5 Rule 7.1 Corporate Disclosure Statement filed by Kelly Moore Paint Company Inc., #31 Rule 7.1 Corporate Disclosure Statement filed by Weil-McLain Company, Inc., #44 MOTION for Reconsideration re; #43 Memorandum & Opinion,. filed by Crane Co., #19 Rule 7.1 Corporate Disclosure Statement filed by Pep Boys-Manny, Moe & Jack, #35 Letter, #39 Pre-Conference Statement filed by Phyliss Hauck, #48 Notice of Appeal, filed by Crane Co., #20 Response in Opposition to Motion filed by Crane Co., #22 Notice of Appearance filed by Warren Pumps LLC, #8 Notice of Appearance filed by Borg Warner Morse TEC, Inc., #18 Rule 7.1 Corporate Disclosure Statement filed by Dana Companies, LLC, #41 Notice of Appearance filed by Advance Auto Parts Inc., #7 Notice of Appearance filed by Fulton Boiler Works Inc., #9 Notice of Appearance filed by Fluor Corporation, #33 Notice of Appearance filed by RayPack Inc., #29 Notice of Appearance filed by Crane Co., #13 Certificate of Service Other filed by Phyliss Hauck, #24 Notice of Appearance filed by Georgia Pacific, LLC, #17 Notice of Appearance filed by Pep Boys-Manny, Moe & Jack, Union Carbide Corporation, Dana Companies, LLC, #23 Rule 7.1 Corporate Disclosure Statement filed by Warren Pumps LLC, #37 Rule 26 Disclosure filed by Phyliss Hauck, #12 Declaration in Support of Motion, filed by Phyliss Hauck, #43 Memorandum & Opinion, #2 Certificate of Service Other filed by Crane Co., #1 Notice of Removal,,,,,,,, filed by Crane Co., #21 Declaration in Opposition to Motion filed by Crane Co., #38 Notice of Appearance filed by Cummins Inc., #27 Rule 7.1 Corporate Disclosure Statement filed by The GoodYear Tire & Rubber Company, #4 Notice of Appearance filed by Kelly Moore Paint Company Inc., #42 Notice of Appearance filed by Roper Pump Co., #16 Notice of Appearance filed by Autozone Inc., #10 FIRST MOTION to Remand to State Court of New York Supreme. filed by Phyliss Hauck, #3 Notice of Case Assignment/Reassignment were transmitted to the U.S. Court of Appeals. (nd) |
Filing 47 MEMO ENDORSEMENT on re: #44 MOTION for Reconsideration. ENDORSEMENT: The motion for reconsideration is Denied. So Ordered. (Signed by Judge Paul A. Crotty on 04/05/201) (mov) |
Filing 46 MEMORANDUM OF LAW in Support re: #44 MOTION for Reconsideration re; #43 Memorandum & Opinion,.. Document filed by Crane Co.. (Attachments: #1 Exhibit A)(Digiglio, Angela) |
Filing 45 AFFIRMATION of Angela DiGiglio in Support re: #44 MOTION for Reconsideration re; #43 Memorandum & Opinion,.. Document filed by Crane Co.. (Digiglio, Angela) |
Filing 44 MOTION for Reconsideration re; #43 Memorandum & Opinion,. Document filed by Crane Co..(Digiglio, Angela) |
Mailed a copy of #43 Memorandum & Opinion, to Phyliss Hauck. (vj) |
Filing 43 OPINION AND ORDER re: #102999 #11 FIRST MOTION to Remand to State Court filed by Phyliss Hauck. Accordingly, the presumption that Crane received the IFS on June 6, 2012 stands and its notice of removal was untimely. Hauck's motion to remand this matter to the Supreme Court of New York is GRANTED. The Clerk of Court is directed to terminate this case. (Signed by Judge Paul A. Crotty on 3/12/2013) (rsh) Modified on 3/18/2013 (jab). |
Transmission to Docket Assistant Clerk. Transmitted re: #43 Memorandum & Opinion to the Docket Assistant Clerk for case processing. (rsh) |
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via Federal Express AIRBILL # 8017 4734 1405 on 3/12/2013. (rsh) |
Filing 42 NOTICE OF APPEARANCE by David P. Schaffer on behalf of Roper Pump Co. (Schaffer, David) |
Filing 41 NOTICE OF APPEARANCE by David P. Schaffer on behalf of Advance Auto Parts Inc. (Schaffer, David) |
Filing 40 NOTICE OF APPEARANCE by Christopher Stephen Kozak on behalf of Sequoia Ventures Inc. (Kozak, Christopher) |
***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #39 HAS BEEN REJECTED. Note to Attorney Michael Cohan : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) |
Filing 39 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST PRE-CONFERENCE STATEMENT Letter. Document filed by Phyliss Hauck.(Cohan, Michael) Modified on 3/6/2013 (ka). |
Filing 38 NOTICE OF APPEARANCE by Talene Nicole Megerian on behalf of Cummins Inc. (Megerian, Talene) |
Filing 37 RULE 26 DISCLOSURE.Document filed by Phyliss Hauck.(Cohan, Michael) |
Filing 36 NOTICE OF APPEARANCE by Michael Cohan on behalf of Phyliss Hauck (Cohan, Michael) |
Filing 35 E-mail addressed to Nicole Kozin from Marlon Ovalles - Courtroom Deputy dated 02/13/13 re: 2/21/13 return date error. The motion in this case WILL NOT be heard on 2/21/13. See 2/13/13 e-mail. (mov) |
Filing 34 NOTICE OF APPEARANCE by Lisa M. Pascarella on behalf of Trane Us Inc. (Pascarella, Lisa) |
Filing 33 NOTICE OF APPEARANCE by Lisa M. Pascarella on behalf of RayPack Inc. (Pascarella, Lisa) |
Filing 32 NOTICE OF APPEARANCE by Lisa M. Pascarella on behalf of Ingersoll-Rand Company (Pascarella, Lisa) |
Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marley Company (THE), Corporate Parent SPX Corporation for Weil-McLain Company, Inc.. Document filed by Weil-McLain Company, Inc..(Budner, Jennifer) |
Filing 30 NOTICE OF APPEARANCE by Jennifer L Budner on behalf of Weil-McLain Company, Inc. (Budner, Jennifer) |
Filing 29 NOTICE OF APPEARANCE by Angela Digiglio on behalf of Crane Co. (Digiglio, Angela) |
Filing 28 NOTICE OF APPEARANCE by Eric Randolph Ian Cottle on behalf of Crane Co. (Cottle, Eric) |
Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The GoodYear Tire & Rubber Company.(Lee, Lawrence) |
Filing 26 NOTICE OF APPEARANCE by Lawrence Gable Lee on behalf of The GoodYear Tire & Rubber Company (Lee, Lawrence) |
Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Georgia-Pacific Holdings, LLC for Georgia Pacific, LLC, Georgia Pacific, LLC. Document filed by Georgia Pacific, LLC.(Lee, Lawrence) |
Filing 24 NOTICE OF APPEARANCE by Lawrence Gable Lee on behalf of Georgia Pacific, LLC (Lee, Lawrence) |
Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Colfax Corporation for Warren Pumps LLC. Document filed by Warren Pumps LLC.(Koo, Gloria) |
Filing 22 NOTICE OF APPEARANCE by Gloria E. Koo on behalf of Warren Pumps LLC (Koo, Gloria) |
Filing 21 DECLARATION of Nicole Kozin in Opposition re: #11 FIRST MOTION to Remand to State Court.. Document filed by Crane Co.. (Kozin, Nicole) |
Filing 20 RESPONSE in Opposition re: #11 FIRST MOTION to Remand to State Court.. Document filed by Crane Co.. (Kozin, Nicole) |
Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pep Boys-Manny, Moe & Jack.(Murnane, Brian) |
Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dana Companies, LLC.(Murnane, Brian) |
Filing 17 NOTICE OF APPEARANCE by Brian Thomas Murnane on behalf of Dana Companies, LLC, Pep Boys-Manny, Moe & Jack, Union Carbide Corporation (Murnane, Brian) |
Filing 16 NOTICE OF APPEARANCE by Cynthia Weiss Antonucci on behalf of Autozone Inc. (Antonucci, Cynthia) |
Filing 15 FIRST MEMORANDUM OF LAW in Support re: #11 FIRST MOTION to Remand to State Court.. Document filed by Phyliss Hauck. (LoPalo, Christopher) |
Filing 14 NOTICE of Notice of Motion to Remand re: #11 FIRST MOTION to Remand to State Court.. Document filed by Phyliss Hauck. (LoPalo, Christopher) |
Filing 13 CERTIFICATE OF SERVICE of Certificate of Service served on Crane Co. on 1/10/2013. Document filed by Phyliss Hauck. (LoPalo, Christopher) |
Filing 12 DECLARATION of Kardon Stolzman in Support re: #11 FIRST MOTION to Remand to State Court.. Document filed by Phyliss Hauck. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(LoPalo, Christopher) |
Filing 11 FIRST MOTION to Remand to State Court. Document filed by Phyliss Hauck.(LoPalo, Christopher) |
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher R. LoPalo to RE-FILE Document #10 FIRST MOTION to Remand to State Court of New York Supreme. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Remand to State Court of New York Supreme. Document filed by Phyliss Hauck. Return Date set for 2/21/2013 at 10:00 AM. (Attachments: #1 Supplement, #2 Affidavit, #3 Text of Proposed Order, #4 Supplement, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Supplement)(LoPalo, Christopher) Modified on 1/10/2013 (ldi). |
Filing 9 NOTICE OF APPEARANCE by Anna Maria DiLonardo on behalf of Fluor Corporation (DiLonardo, Anna) |
Filing 8 NOTICE OF APPEARANCE by Anna Maria DiLonardo on behalf of Borg Warner Morse TEC, Inc. (DiLonardo, Anna) |
Filing 7 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of Fulton Boiler Works Inc. (Halbardier, Suzanne) |
Filing 6 ANSWER to Complaint., CROSSCLAIM against All Defendants. Document filed by Kelly Moore Paint Company Inc..(DiMarco, Erik) |
Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent K-M Industries Holding Company for Kelly Moore Paint Company Inc.. Document filed by Kelly Moore Paint Company Inc..(DiMarco, Erik) |
Filing 4 NOTICE OF APPEARANCE by Erik Christopher DiMarco on behalf of Kelly Moore Paint Company Inc. (DiMarco, Erik) |
Filing 3 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge P. Kevin Castel is no longer assigned to the case. (pgu) |
Filing 2 CERTIFICATE OF SERVICE of Crane Co.'s Notice of Removal served on All Parties on 12/10/2012. Service was made by Mail. Document filed by Crane Co.. (Kozin, Nicole) |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 190423-12. (Filing Fee $ 350.00, Receipt Number 465401054848).Document filed by Crane Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4A Part 1, #6 Exhibit 4A Part 2, #7 Exhibit 4A Part 3, #8 Exhibit 4A Part 4, #9 Exhibit 4A Part 5, #10 Exhibit 4A Part 6, #11 Exhibit 4B, #12 Exhibit 4C, #13 Exhibit 4D, #14 Exhibit 4E, #15 Exhibit 4F, #16 Exhibit 4G Part 1, #17 Exhibit 4G Part 2, #18 Exhibit 4G Part 3, #19 Exhibit 4G Part 4, #20 Exhibit 4H Part 1, #21 Exhibit 4H Part 2, #22 Exhibit 4H Part 3, #23 Exhibit 4H Part 4, #24 Exhibit 4I Part 1, #25 Exhibit 4I Part 2, #26 Exhibit 4I Part 3, #27 Exhibit 4J, #28 Exhibit 4K, #29 Exhibit 4L, #30 Exhibit 4M, #31 Exhibit 4N, #32 Exhibit 4O Part 1, #33 Exhibit 4O Part 2, #34 Exhibit 4O Part 3, #35 Exhibit 4P, #36 Exhibit 4Q, #37 Exhibit 4R, #38 Exhibit 4S, #39 Exhibit 4T, #40 Exhibit 4U, #41 Exhibit 5, #42 Exhibit 5A, #43 Exhibit 5.1, #44 Exhibit 5.2, #45 Exhibit 5.3, #46 Exhibit 5.4, #47 Exhibit 5.5 Part 1, #48 Exhibit 5.5 Part 2, #49 Exhibit 5.5 Part 3, #50 Exhibit 5.5 Part 4, #51 Exhibit 5.5 Part 5, #52 Exhibit 5.5 Part 6, #53 Exhibit 5.6, #54 Exhibit 5.7, #55 Exhibit 5.8, #56 Exhibit 5.9, #57 Exhibit 5.10, #58 Exhibit 5.11, #59 Exhibit 5.12, #60 Exhibit 5.13, #61 Exhibit 5.14, #62 Exhibit 5.15, #63 Exhibit 5.16, #64 Exhibit 5.17, #65 Exhibit 5.18, #66 Exhibit 5.19, #67 Exhibit 5.20, #68 Exhibit 5.21, #69 Exhibit 5.22 Part 1, #70 Exhibit 5.22 Part 2, #71 Exhibit 5.22 Part 3, #72 Exhibit 5.22 Part 4, #73 Exhibit 5.23, #74 Exhibit 5.24 Part 1, #75 Exhibit 5.24 Part 2, #76 Exhibit 5.24 Part 3, #77 Exhibit 5.24 Part 4, #78 Exhibit 5.25, #79 Exhibit 5.26, #80 Exhibit 5.27, #81 Exhibit 5.28, #82 Exhibit 5.29, #83 Exhibit 5.30)(msa) |
Magistrate Judge Frank Maas is so designated. (msa) |
Case Designated ECF. (msa) |
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