Devirgilio et al v. ABB, Inc. et al
Plaintiff: Dominic R. Devirgilio, Ann Devirgilio, Dominic R Divirgilio, Ann Divirgilio and Michael Divirgilio
Defendant: Schneider Electric USA, Inc., formerly known as Square D Company, ABB, Inc., Foster Wheeler, LLC, General Electric Company, Warren Pumps LLC, Imo Industries Inc., Air & Liquid Systems Corporation, Crane Co., Ingersoll-Rand Company, Trane US, Inc., CBS Corporation, John Crane Inc., Ford Motor Company, Inc., Union Carbide Corporation, Gould Electronics, Inc., Elliott Company, FMC Corporation, Goulds Pumps, Inc., Hopeman Brothers, Inc., Howden North America, Ametek, Inc., Eaton Corporation, Rockwell Automation Inc., THE NASH ENGINEERING CO., INC., Carrier Corporation, McNally, Industries, Inc. and Square D Company
Alternative Dispute Resolution (Adr) Provider: Gardner Denver, Inc.
Case Number: 1:2014cv07754
Filed: September 24, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Kevin Nathaniel Fox
Referring Judge: J Paul Oetken
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332 as Diversity-Asbestos Litigation
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 26, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2016 Filing 283 STIPULATION OF DISMISSAL AS TO DEFENDANT INGERSOLL RAND COMPANY ONLY: IS IT STIPULATED by and between counsel of record for Plaintiff and Defendant, that this action against Defendant is dismissed with prejudice and without costs to either of the parties. This stipulation may be filed with the Court's clerk, without further notice. This stipulation does not affect this action's continuance against other parties. Ingersoll-Rand Company terminated. (Signed by Judge J. Paul Oetken on 9/23/2016) (cla)
September 23, 2016 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Lisa Pascarella Document #282 Stipulation of Voluntary Dismissal, was referred to Judge J. Paul Oetken for approval. (dt)
September 22, 2016 Filing 282 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Ingersoll-Rand Company pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ingersoll-Rand Company.(Pascarella, Lisa) Modified on 9/23/2016 (dt).
April 4, 2016 Opinion or Order Filing 281 ORDER: The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/04/2016) (ama)
April 4, 2016 Terminate Transcript Deadlines (ama)
March 16, 2016 Opinion or Order Filing 280 STIPULATION AND ORDER OF OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiffs and defendant in the above-entitled action, that whereas no party to this Stipulation is an infant or incompetent person, it is hereby agreed that plaintiffs' claims as against Schneider Electric USA, Inc., formerly known as Square D Company (hereinafter "Square D"), and all of its related entities, in the above entitled action be hereby discontinued with prejudice, without costs to either party hereto as against the other. This Stipulation may be filed without further notice with the Clerk of the Court. IT IS ORDERED that any claims and cross claims against defendant Square D are dismissed with prejudice and without costs. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/15/2016) (ama)
March 16, 2016 Opinion or Order Filing 279 STIPULATION AND ORDER OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiffs and defendant in the above-entitled action, that whereas no party to this Stipulation is an infant or incompetent person, it is hereby agreed that plaintiffs' claims as against FMC Corporation, on behalf of its former Turbo Pump Operation, and its former Peerless Pump, Chicago Pump and Northern Pump businesses, improperly sued as FMC Corporation, individually and on behalf of its former Peerless Pump, Northern Pump businesses, Coffin Pump Co. and Yeomans-Chicago Corp. (hereinafter "FMC"), and all of its related entities, in the above entitled action be hereby discontinued with prejudice, without costs to either party hereto as against the other. This Stipulation may be filed without further notice with the Clerk of the Court. IT IS ORDERED that any claims and cross claims against defendant FMC are dismissed with prejudice and without costs. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/15/2016) (ama)
March 16, 2016 Opinion or Order Filing 278 STIPULATION AND ORDER OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiffs and defendant in the above-entitled action, that whereas no party to this Stipulation is an infant or incompetent person, it is hereby agreed that plaintiffs' claims as against McNally Industries, Inc. (hereinafter "McNally"), and all of its related entities, in the above entitled action be hereby discontinued with prejudice, without costs to either party hereto as against the other. This Stipulation may be filed without further notice with the Clerk of the Court. IT IS ORDERED that any claims and cross claims against defendant McNally are dismissed with prejudice and without costs. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/15/2016) (ama)
March 14, 2016 Filing 277 NOTICE OF APPEARANCE by Christopher Patrick Hannan on behalf of Schneider Electric USA, Inc., formerly known as Square D Company. (Hannan, Christopher)
March 14, 2016 Filing 276 NOTICE OF APPEARANCE by Christopher Patrick Hannan on behalf of McNally, Industries, Inc.. (Hannan, Christopher)
March 14, 2016 Filing 275 NOTICE OF APPEARANCE by Christopher Patrick Hannan on behalf of FMC Corporation. (Hannan, Christopher)
March 8, 2016 Filing 274 LETTER addressed to Judge J. Paul Oetken from James M. Kramer dated March 3, 2016 re: Status of Case. Document filed by Ann Divirgilio, Michael Divirgilio.(Kramer, James)
February 24, 2016 Opinion or Order Filing 273 STIPULATION AND ORDER OF DISCONTINUANCE WITH PREJUDICE AS TO GENERAL ELECTRIC COMPANY: IT IS ORDERED that any claims and cross claims against defendant GENERAL ELECTRIC COMPANY are dismissed with prejudice and without costs. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. General Electric Company, General Electric Company, General Electric Company, General Electric Company, General Electric Company, General Electric Company, General Electric Company, General Electric Company, General Electric Company and General Electric Company terminated. (Signed by Judge J. Paul Oetken on 2/24/2016) (ama)
February 24, 2016 Opinion or Order Filing 272 STIPULATION AND ORDER OF DISCONTINUANCE WITH PREJUDICE AS TO FOSTER WHEELER LLC: IT IS ORDERED that any claims and cross claims against defendant FOSTER WHEELER LLC are dismissed with prejudice and without costs. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC, Foster Wheeler, LLC and Foster Wheeler, LLC terminated. (Signed by Judge J. Paul Oetken on 2/24/2016) (ama)
February 24, 2016 Opinion or Order Filing 271 STIPULATION AND ORDER OF DISCONTINUANCE WITH PREJUDICE AS TO CBS CORPORATION: IT IS ORDERED that any claims and cross claims against defendant CBS CORPORATION are dismissed with prejudice and without costs. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/24/2016) (ama)
February 23, 2016 ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Dennis Vega to E-MAIL Document No. [268, 269, 270] Stipulation of voluntary dismissal. This document is not filed via ECF. (jk)
February 22, 2016 Filing 270 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) All Plaintiffs and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by General Electric Company.(Vega, Dennis) Modified on 2/23/2016 (jk).
February 22, 2016 Filing 269 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) All Plaintiffs and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Foster Wheeler, LLC.(Vega, Dennis) Modified on 2/23/2016 (jk).
February 22, 2016 Filing 268 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) All Plaintiffs and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by CBS Corporation.(Vega, Dennis) Modified on 2/23/2016 (jk).
February 18, 2016 Opinion or Order Filing 267 ORDER terminating #193 Motion for Summary Judgment. Defendant Air & Liquid Systems has withdrawn their motion for summary judgment. (Dkt. No. 249.) The Clerk is directed to close the motion at Docket Number 193. As no motions for summary judgment remain pending, the conference scheduled for February 29 is adjourned sine die. The remaining parties are directed to file a letter concerning the status of the case by March 7, 2016. (Signed by Judge J. Paul Oetken on 2/18/2016) (cf)
February 18, 2016 Filing 266 LETTER addressed to Judge J. Paul Oetken from John S. Howarth, Esq. dated 2/18/2016 re: resolution of action between Plaintiff's and Air & Liquid Systems Corporation. Document filed by Air & Liquid Systems Corporation.(Howarth, John)
February 18, 2016 Opinion or Order Filing 265 MEMO ENDORSEMENT on re: #263 Letter filed by Ingersoll-Rand Company. ENDORSEMENT: The Clerk is directed to close the motion at Docket No. 181. The parties are reminded to file a stip of dismissal or letter concerning the status of the settlement pursuant to the Court's order of January 28, 2016 (Dkt. No. 254.) (Signed by Judge J. Paul Oetken on 2/18/2016) (lmb)
February 18, 2016 Filing 264 LETTER addressed to Judge J. Paul Oetken from Stephanie Gamiz dated February 18, 2016 re: resolution of action between plaintiffs and Elliott Company. Document filed by Elliott Company.(Gamiz, Stephanie)
February 18, 2016 Filing 263 LETTER addressed to Judge J. Paul Oetken from Lisa M. Pascarella dated February 18, 2016 re: status of Defendant, Ingersoll Rand Company. Document filed by Ingersoll-Rand Company.(Pascarella, Lisa)
February 18, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kramer to RE-FILE Document No. #260 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected All party names must match what's listed on the complaint.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
February 17, 2016 Filing 262 MEMO ENDORSEMENT on re: #261 Letter filed by Eaton Corporation. ENDORSEMENT: Granted. The Clerk is directed to close the motion at docket number 128. (Signed by Judge J. Paul Oetken on 2/17/2016) (kgo)
February 17, 2016 Filing 261 LETTER addressed to Judge J. Paul Oetken from Robert M. Gilmartin, Jr. dated 2/17/16 re: Eaton's withdrawing motion for summary judgment. Document filed by Eaton Corporation.(Gilmartin, Robert)
February 17, 2016 Filing 260 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR THIRD AMENDED COMPLAINT amending #71 Amended Complaint,,, against Air & Liquid Systems Corporation, CBS Corporation, Eaton Corporation, Elliott Company, FMC Corporation, Foster Wheeler, LLC, General Electric Company, Imo Industries Inc., Ingersoll-Rand Company, Warren Pumps LLC with JURY DEMAND.Document filed by Ann Devirgilio, Michael Divirgilio. Related document: #71 Amended Complaint,,, filed by Ann Divirgilio, Dominic R Divirgilio.(Kramer, James) Modified on 2/18/2016 (pc).
February 11, 2016 Opinion or Order Filing 259 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiffs MICHAEL DIVIRGILIO, as personal representative of the Estate of DOMINIC DIVIRGILIO, and ANN DIVIRGILIO, Individually, and their counsel, hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant SCHUTTE & KOERTING, INC. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/11/2016) (ama)
February 11, 2016 Opinion or Order Filing 258 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiffs MICHAEL DIVIRGILIO, as personal representative of the Estate of DOMINIC DIVIRGILIO, and ANN DIVIRGILIO, Individually, and their counsel, hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant REICHHOLD, INC. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/11/2016) (ama)
February 8, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kramer to RE-FILE Document No. #257 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Counterclaim found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
February 5, 2016 Filing 257 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending #71 Amended Complaint,,, against ABB, Inc., Air & Liquid Systems Corporation, Ametek, Inc., CBS Corporation, Carrier Corporation, Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co.(individually), Eaton Corporation, Elliott Company, FMC Corporation, Ford Motor Company, Inc., Foster Wheeler, LLC, General Electric Company, Gould Electronics, Inc., Goulds Pumps, Inc., Hopeman Brothers, Inc., Howden North America, Imo Industries Inc., Ingersoll-Rand Company, John Crane Inc., Rockwell Automation Inc.(a successor to Allen Bradley Co.), Rockwell Automation Inc.(individually), THE NASH ENGINEERING CO., INC., Trane US, Inc., Union Carbide Corporation, Warren Pumps LLC with JURY DEMAND.Document filed by Ann Devirgilio, Michael Divirgilio. Related document: #71 Amended Complaint,,, filed by Ann Divirgilio, Dominic R Divirgilio.(Kramer, James) Modified on 2/8/2016 (moh).
February 4, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kramer to RE-FILE Document No. #256 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; the caption needs to list all of the parties. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
February 3, 2016 Filing 256 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending #71 Amended Complaint against ABB, Inc., Air & Liquid Systems Corporation, Ametek, Inc., CBS Corporation, Carrier Corporation, Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co.(individually), Eaton Corporation, Elliott Company, FMC Corporation, Ford Motor Company, Inc., Foster Wheeler, LLC, General Electric Company, Gould Electronics, Inc., Goulds Pumps, Inc., Hopeman Brothers, Inc., Howden North America, Imo Industries Inc., Ingersoll-Rand Company, John Crane Inc., Rockwell Automation Inc.(a successor to Allen Bradley Co.), Rockwell Automation Inc.(individually), THE NASH ENGINEERING CO., INC., Trane US, Inc., Union Carbide Corporation, Warren Pumps LLC with JURY DEMAND.Document filed by Michael Divirgilio. Related document: #71 Amended Complaint filed by Ann Divirgilio, Dominic R Divirgilio.(Kramer, James) Modified on 2/4/2016 (moh).
February 1, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kramer to RE-FILE Document No. #255 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
January 29, 2016 Filing 255 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending #71 Amended Complaint against Eaton Corporation, FMC Corporation with JURY DEMAND.Document filed by Michael Divirgilio. Related document: #71 Amended Complaint filed by Ann Divirgilio, Dominic R Divirgilio.(Kramer, James) Modified on 2/1/2016 (moh).
January 28, 2016 Opinion or Order Filing 254 ORDER granting #247 Motion to Amend/Correct. The Court has been informed that the plaintiffs have reached a settlement in principle with defendant Ingersoll Rand Company. (Dkt. No. 253.) Accordingly, the motion for summary judgment filed by Ingersoll Rand is DENIED as moot. The parties are directed to file a letter concerning the status of the settlement agreement or a stipulation of dismissal within 30 days. Plaintiffs have notified the Court that Plaintiff Dominic DiVirgilio died and seek leave to amend the complaint to name Michael DiVirgilio as Personal Representative of the Estate of Dominic DiVirgilio. (Dkt. Nos. 247.) That motion is GRANTED. Oral argument on the remaining motions for summary judgment shall be held on February 29, 2016, at 10:30 a.m. in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. The parties to those motions are directed to appear. The Clerk is directed to close the docket entries at numbers 247 and 253. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/28/2016) (ama)
January 28, 2016 Set/Reset Hearings: Oral Argument set for 2/29/2016 at 10:30 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (ama)
January 27, 2016 Filing 253 LETTER addressed to Judge J. Paul Oetken from Lisa M. Pascarella, Esq. dated 01/27/2016 re: Ingersoll Rand Company's Motion for Summary Judgment. Document filed by Ingersoll-Rand Company.(Pascarella, Lisa)
January 19, 2016 Filing 252 LETTER addressed to Judge J. Paul Oetken from Mary Claire Dekar dated 1/19/2016 re: appearance. Document filed by Elliott Company.(Dekar, Mary)
January 19, 2016 Filing 251 NOTICE OF APPEARANCE by Stephanie Gamiz on behalf of Elliott Company. (Gamiz, Stephanie)
January 5, 2016 Opinion or Order Filing 250 STIPULATION TO DISMISS DEFENDANT, CRANE CO. WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiff and Defendant, CRANE CO., in the above-entitled action, that whereas no party to this Stipulation is an infant, or incompetent person, it is hereby agreed that all of plaintiffs' claims and cross-claims against CRANE CO. in the above action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. It is also ordered that all other cross-claims against defendant, CRANE CO., are hereby dismissed with prejudice and without costs. The motion for summary judgment at Docket 180 is denied as moot. SO ORDERED. Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (individually), Crane Co. (individually), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (individually), Crane Co. (individually), Crane Co. (individually), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (individually), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (individually), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (individually), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (individually), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Crane Co. (as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves) and Crane Co. (individually) terminated. Motions terminated: #180 MOTION for Summary Judgment of Defendant Crane Co. filed by Crane Co. (Signed by Judge J. Paul Oetken on 1/4/2016) (kko)
November 5, 2015 Filing 249 NOTICE of of Withdrawal of Motion for Summary Judgment re: #193 MOTION for Summary Judgment .. Document filed by Air & Liquid Systems Corporation. (Howarth, John)
October 27, 2015 Filing 248 AFFIDAVIT of James M. Kramer in Support re: #247 MOTION to Amend/Correct the Complaint.. Document filed by Ann Divirgilio. (Attachments: #1 Exhibit Ex. A Proposed Third Amended Complaint, #2 Exhibit Ex. B Death Certificate of Dominic DiVirgilio, #3 Exhibit Ex. C Letters of Authority for Personal Representative, #4 Text of Proposed Order)(Kramer, James)
October 27, 2015 Filing 247 MOTION to Amend/Correct the Complaint. Document filed by Ann Divirgilio.(Kramer, James)
October 15, 2015 Filing 246 STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANT GOULDS PUMPS, INC.: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to this stipulation, that whereas no party is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, the attached hereto actions are hereby discontinued as against Defendant, GOULDS PUMPS, INC., with prejudice, including all claims and cross-claims, and without costs to either party as against the other. Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, Inc., Goulds Pumps, inc., Goulds Pumps, Inc. and Goulds Pumps, Inc. terminated. (Signed by Judge J. Paul Oetken on 10/13/2015) (kko)
October 13, 2015 Filing 245 CERTIFICATE OF SERVICE. Document filed by Ingersoll-Rand Company. (Pascarella, Lisa)
October 13, 2015 Filing 244 REPLY AFFIDAVIT of Keith M. O'Connor in Support re: #181 MOTION for Summary Judgment .. Document filed by Ingersoll-Rand Company. (Pascarella, Lisa)
October 12, 2015 Filing 243 CERTIFICATE OF SERVICE served on All Parties on 10/12/2015. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
October 12, 2015 Filing 242 CERTIFICATE OF SERVICE served on All Parties on 10/12/2015. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
October 12, 2015 Filing 241 REPLY AFFIDAVIT of Eric R.I. Cottle in Support re: #180 MOTION for Summary Judgment of Defendant Crane Co... Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
October 12, 2015 Filing 240 COUNTER STATEMENT TO #234 Rule 56.1 Statement. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
October 7, 2015 Opinion or Order Filing 239 ORDER denying as moot #177 Motion for Summary Judgment; denying as moot #188 Motion to Suppress; denying as moot #188 Motion for Summary Judgment; denying as moot #201 Motion to Preclude; denying as moot #213 Motion to Preclude. The Court has been informed that the plaintiffs have reached a settlement in principle with defendants CBS Corporation and General Electric Co. Accordingly, the motions filed by CBS and GE are DENIED as moot. The parties are directed to file either a stipulation of dismissal or a letter informing the court of the status of the settlement agreement within 30 days. Clerk is directed to close the docket entries at numbers 177, 188, 201, and 213. (Signed by Judge J. Paul Oetken on 10/7/2015) (kko)
October 6, 2015 Filing 238 LETTER addressed to Judge J. Paul Oetken from James Kramer dated October 6, 2015 re: General Electric Company and CBS Corporation's Pending Motions. Document filed by Ann Divirgilio.(Kramer, James)
September 24, 2015 Filing 237 REPLY to Response to Motion re: #193 MOTION for Summary Judgment . . Document filed by Air & Liquid Systems Corporation. (Howarth, John)
September 24, 2015 Opinion or Order Filing 236 STIPULATION AND ORDER TO EXTEND DEFENDANT, INGERSOLL RAND COMPANY'S TIME TO RESPOND TO PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiffs and Defendant INGERSOLL RAND COMPANY in the above-entitled action, that the time within which Defendant, INGERSOLL RAND COMPANY may reply to Plaintiff's Opposition to INGERSOLL RAND COMPANY'S motion for summary judgment is hereby extended up to and including October 13, 2015. (As further set forth in this Order.) Set Deadlines/Hearing as to #181 MOTION for Summary Judgment: (Replies due by 10/13/2015.) Motions terminated: #235 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Keith M. O'Connor dated September 23, 2015, filed by Ingersoll-Rand Company. (Signed by Judge J. Paul Oetken on 9/24/2015) (kko) Modified on 9/24/2015 (kko).
September 23, 2015 Filing 235 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Keith M. O'Connor dated September 23, 2015. Document filed by Ingersoll-Rand Company. (Attachments: #1 Exhibit Stipulation Extending Ingersoll Rand Company's time to file Reply)(Pascarella, Lisa)
September 22, 2015 Filing 234 RULE 56.1 STATEMENT. Document filed by Ann Divirgilio. (Kramer, James)
September 22, 2015 Filing 233 MEMORANDUM OF LAW in Opposition re: #180 MOTION for Summary Judgment of Defendant Crane Co.. . Document filed by Ann Divirgilio. (Kramer, James)
September 22, 2015 Filing 232 AFFIDAVIT of James M. Kramer in Opposition re: #180 MOTION for Summary Judgment of Defendant Crane Co... Document filed by Ann Divirgilio. (Attachments: #1 Exhibit Ex. 1 Expert Report of Dr. Jacqueline Moline, #2 Exhibit Ex. 2 Deposition of William Ewing, CIH, #3 Exhibit Ex. 3 De Bene Esse Deposition of Dominic DiVirgilio, #4 Exhibit Ex. 4 Deposition of Dominic DiVirgilio Vol. 2, #5 Exhibit Ex. 5 Deposition of Dominic DiVirgilio Vol. 1, #6 Exhibit Ex. 6 Expert Report of Cpt. Arnold Moore, #7 Exhibit Ex. 7 Crane Co.'s Answers to Plaintiff's Interrogatories in DiVirgilio, #8 Exhibit Ex. 8 Deposition of Anthony Pantaleoni, #9 Exhibit Ex. 9 Deposition of William McLean, #10 Exhibit Ex. 10 Crane Co. 1923 Product Catalog Pt. 1, #11 Exhibit Ex. 10 Crane Co. 1923 Product Catalog Pt. 1, #12 Exhibit Ex. 11 Deposition of Cpt. Arnold Moore, #13 Exhibit Ex. 12 Crane Co.'s Answers to Standard Interrogatories Pt. 1, #14 Exhibit Ex. 12 Crane Co.'s Answers to Standard Interrogatories Pt. 2, #15 Exhibit Ex. 12 Crane Co.'s Answers to Standard Interrogatories Pt. 3, #16 Exhibit Ex. 13 Deposition of Dr. Jacqueline Moline, #17 Exhibit Ex. 14 Curry v. Am. Standard, et al., #18 Exhibit Ex. 15 Sawyer v. A.C. & S., Inc., et al., #19 Exhibit Ex. 16 Gitto v. A.W. Chesterton, Inc., et al., #20 Exhibit Ex. 17 DeFazio v. A.W. Chesterton, Inc., et al., #21 Exhibit Ex. 18 Haas v. 3M Company, et al., #22 Exhibit Ex. 19 Shirley v. Air & Liquid Systems Corp., et al., #23 Exhibit Ex. 20 Shirley v. Air & Liquid Systems Corp., et al., #24 Exhibit Ex. 21 Collection of Unpublished New York State Court Decisions Pt. 1, #25 Exhibit Ex. 21 Collection of Unpublished New York State Court Decisions Pt. 2, #26 Exhibit Ex. 21 Collection of Unpublished New York State Court Decisions Pt. 3, #27 Exhibit Ex. 21 Collection of Unpublished New York State Court Decisions Pt. 4, #28 Exhibit Ex. 21 Collection of Unpublished New York State Court Decisions Pt. 5, #29 Exhibit Ex. 22 List and Collection of Cases Denying Crane Co.'s Summary Judgment Motions in New York State Courts, #30 Exhibit Ex. 23 Howton v. Crane Co., #31 Exhibit Ex. 24 Grgich v. Crane Co.)(Kramer, James)
September 22, 2015 Filing 231 MEMORANDUM OF LAW in Opposition re: #193 MOTION for Summary Judgment . . Document filed by Ann Divirgilio. (Kramer, James)
September 22, 2015 Filing 230 AFFIRMATION of James M. Kramer in Opposition re: #193 MOTION for Summary Judgment .. Document filed by Ann Divirgilio. (Attachments: #1 Exhibit Ex. 1 De Bene Esse Deposition of Dominic DiVirgilio, #2 Exhibit Ex. 2 Discovery Deposition of Dominic DiVirgilio, #3 Exhibit Ex. 3 Expert Report of Cpt. Arnold Moore, #4 Exhibit Ex. 4 Deposition of Cpt. Arnold Moore, #5 Exhibit Ex. 5 Buffalo Pumps Answers to Standing Order 1 Interrogatories, #6 Exhibit Ex. 6 Deposition of Martin Kraft, #7 Exhibit Ex. 7 Garlock Answers to Standing Order 1 Interrogatories, #8 Exhibit Ex. 8 Expert Report of Dr. Jacqueline Moline, #9 Exhibit Ex. 9 Deposition of Dr. Jacqueline Moline, #10 Exhibit Ex. 10 Expert Report of William Ewing, CIH, #11 Exhibit Ex. 11 Deposition of William Ewing, CIH, #12 Exhibit Ex. 12 Curry v. Am. Standard, et al., #13 Exhibit Ex. 13 Gitto v. A.W. Chesterton, Inc., et al., #14 Exhibit Ex. 14 DeFazio v. A.W. Chesterton, Inc., et al., #15 Exhibit Ex. 15 Sawyer v. A.C. & S., Inc., et al., #16 Exhibit Ex. 16 Haas v. 3M Company, et al., #17 Exhibit Ex. 17 Shirley v. Air & Liquid Systems Corp., et al., #18 Exhibit Ex. 18 Shirley v. Air & Liquid Systems Corp., et al., #19 Exhibit Ex. 19 Collection of Unpublished New York State Court Decisions Pt. 1, #20 Exhibit Ex. 19 Collection of Unpublished New York State Court Decisions Pt. 2, #21 Exhibit Ex. 19 Collection of Unpublished New York State Court Decisions Pt. 3, #22 Exhibit Ex. 19 Collection of Unpublished New York State Court Decisions Pt. 4, #23 Exhibit Ex. 19 Collection of Unpublished New York State Court Decisions Pt. 5, #24 Exhibit Ex. 20 Howton v. Crane Co., #25 Exhibit Ex. 21 Grgich v. Crane Co.)(Kramer, James)
September 22, 2015 Filing 229 RULE 56.1 STATEMENT. Document filed by Ann Divirgilio. (Kramer, James)
September 22, 2015 Filing 228 MEMORANDUM OF LAW in Opposition re: #181 MOTION for Summary Judgment . . Document filed by Ann Divirgilio. (Kramer, James)
September 22, 2015 Filing 227 AFFIRMATION of James M. Kramer in Opposition re: #181 MOTION for Summary Judgment .. Document filed by Ann Divirgilio. (Attachments: #1 Exhibit Ex. 1 De Bene Esse Deposition of Dominic DiVirgilio, #2 Exhibit Ex. 2 Discovery Deposition of Dominic DiVirgilio Vol. 2, #3 Exhibit Ex. 3 Ingersoll Rand's Answers to Standing Order 1 Interrogatories, #4 Exhibit Ex. 4 Deposition of Victor Weintraub, #5 Exhibit Ex. 5 Deposition of Gerald Swimmer, #6 Exhibit Ex. 6 Ingersoll Rand Instructions and Parts List Pt. 1, #7 Exhibit Ex. 6 Ingersoll Rand Instructions and Parts List Pt. 2, #8 Exhibit Ex. 6 Ingersoll Rand Instructions and Parts List Pt. 3, #9 Exhibit Ex. 7 Ingersoll Rand Memo re Gasketing Strategy, #10 Exhibit Ex. 8 Expert Report of Dr. Jacqueline Moline, #11 Exhibit Ex. 9 Deposition of Dr. Jacqueline Moline, #12 Exhibit Ex. 10 Expert Report of William Ewing, CIH, #13 Exhibit Ex. 11 Curry v. Am. Standard, et al., #14 Exhibit Ex. 12 Sawyer v. A.C. & S., Inc., et al., #15 Exhibit Ex. 13 Gitto v. A.W. Chesterton, Inc., et al., #16 Exhibit Ex. 14 DeFazio v. A.W. Chesterton, Inc., et al., #17 Exhibit Ex. 15 Haas v. 3M Company, #18 Exhibit Ex. 16 Shirley v. Air & Liquid Systems, et al., #19 Exhibit Ex. 17 Shirley v. Air & Liquid Systems, et al., #20 Exhibit Ex. 18 Collection of Unpublished New York State Court Decisions Pt. 1, #21 Exhibit Ex. 18 Collection of Unpublished New York State Court Decisions Pt. 2, #22 Exhibit Ex. 18 Collection of Unpublished New York State Court Decisions Pt. 3, #23 Exhibit Ex. 18 Collection of Unpublished New York State Court Decisions Pt. 4, #24 Exhibit Ex. 18 Collection of Unpublished New York State Court Decisions Pt. 5, #25 Exhibit Ex. 19 Howton v. Crane Co., #26 Exhibit Ex. 20 Grgich v. Crane Co.)(Kramer, James)
September 18, 2015 Opinion or Order Filing 226 ORDER granting #225 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION to Preclude the Testimony of Plaintiffs' Expert Dr. Jacqueline Moline. addressed to Judge J. Paul Oetken from James Kramer dated September 18; #224 LETTER MOTION for Extension of Time to File Response/Reply as to #201 MOTION to Preclude . addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015; #223 LETTER MOTION for Extension of Time to File Response/Reply as to #188 MOTION to Suppress . MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015; #222 LETTER MOTION for Extension of Time to File Response/Reply as to #177 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015. Responses due by 10/6/2015 Replies due by 10/30/2015. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order)
September 18, 2015 Filing 225 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION to Preclude the Testimony of Plaintiffs' Expert Dr. Jacqueline Moline. addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose GE's Motion to Preclude)(Kramer, James)
September 18, 2015 Filing 224 LETTER MOTION for Extension of Time to File Response/Reply as to #201 MOTION to Preclude . addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose CBS Corp's Motion to Preclude)(Kramer, James)
September 18, 2015 Filing 223 LETTER MOTION for Extension of Time to File Response/Reply as to #188 MOTION to Suppress . MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose GE's Motion for Summary Judgment)(Kramer, James)
September 18, 2015 Filing 222 LETTER MOTION for Extension of Time to File Response/Reply as to #177 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated September 18, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose CBS Corp's Motion for Summary Judgment)(Kramer, James)
September 1, 2015 Opinion or Order Filing 221 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT GENERAL ELECTRIC COMPANY'S MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT DR. JACQUELINE MOLINE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Plaintiffs and Defendant GENERAL ELECTRIC COMPANY ("GE") in the above-entitled action, that the time within which Plaintiff may oppose GE'S motion to exclude testimony of Plaintiffs' expert Dr. Jacqueline Moline is hereby extended up to and including September 22, 2015. IT IS FURTHER STIPULATED AND AGREED that the time within which Defendant GE may reply to Plaintiff's opposition is extended up to and including October 12, 2015. Set Deadlines/Hearing as to #213 MOTION to Preclude the Testimony of Plaintiffs' Expert Dr. Jacqueline Moline: (Responses due by 9/22/2015, Replies due by 10/12/2015.) Motions terminated: #220 LETTER MOTION for Extension of Time to File Response/Reply. (Signed by Judge J. Paul Oetken on 9/1/2015) (kko)
September 1, 2015 Filing 220 LETTER MOTION for Extension of Time to File Response/Reply as to #201 MOTION to Preclude . addressed to Judge J. Paul Oetken from James Kramer dated September 1, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose GE's Motion to Preclude)(Kramer, James)
August 31, 2015 Opinion or Order Filing 219 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT AIR & LIQUID SYSTEMS CORP. AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, INC.'S MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Plaintiffs and Defendant AIR & LIQUID SYSTEMS CORP., as successor by merger to BUFFALO PUMPS, INC. ("BUFFALO PUMPS") in the above-entitled action, that the time within which Plaintiff may oppose BUFFALO PUMPS's motion for summary judgment is hereby extended up to and including September 22, 2015. Set Deadlines/Hearing as to #193 MOTION for Summary Judgment: (Responses due by 9/22/2015) Motions terminated: #218 LETTER MOTION for Extension of Time to File Response/Reply as to #193 MOTION for Summary Judgment. (Signed by Judge J. Paul Oetken on 8/31/2015) (kko)
August 28, 2015 Filing 218 LETTER MOTION for Extension of Time to File Response/Reply as to #193 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated August 28, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Stipulation and Order Extending Plaintiff's Time to Oppose Air & Liquid Systems Corp.'s Motion for Summary Judgment)(Kramer, James)
August 28, 2015 Opinion or Order Filing 217 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT CRANE CO.'S MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Plaintiffs and Defendant CRANE CO. in the above-entitled action, that the time within which Plaintiff may oppose CRANE CO.'s motion for summary judgment is hereby extended up to and including September 22, 2015. IT IS FURTHER STIPULATED AND AGREED that the time within which Defendant CRANE CO. may reply to Plaintiff's opposition is extended up to and including October 12, 2015. Set Deadlines/Hearing as to #180 MOTION for Summary Judgment of Defendant Crane Co.: (Responses due by 9/22/2015, Replies due by 10/12/2015.) Motions terminated: #216 LETTER MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment of Defendant Crane Co. (Signed by Judge J. Paul Oetken on 8/28/2015) (kko)
August 27, 2015 Filing 216 LETTER MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment of Defendant Crane Co.. addressed to Judge J. Paul Oetken from James Kramer dated August 27, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose Crane Co.'s Motion for Summary Judgment)(Kramer, James)
August 26, 2015 Filing 215 DECLARATION of Dennis E. Vega in Support re: #213 MOTION to Preclude the Testimony of Plaintiffs' Expert Dr. Jacqueline Moline.. Document filed by General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Proposed Order, #15 Certificate of Service)(Vega, Dennis)
August 26, 2015 Filing 214 MEMORANDUM OF LAW in Support re: #213 MOTION to Preclude the Testimony of Plaintiffs' Expert Dr. Jacqueline Moline. . Document filed by General Electric Company. (Vega, Dennis)
August 26, 2015 Filing 213 MOTION to Preclude the Testimony of Plaintiffs' Expert Dr. Jacqueline Moline. Document filed by General Electric Company.(Vega, Dennis)
August 26, 2015 Opinion or Order Filing 212 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT CBS CORPORATION'S MOTION TO EXCLUDE PLAINTIFFS' EXPERTS' TESTIMONIES: IT IS HEREBY STIPULATED AND AGREED, by an between the undersigned attorneys of record for the Plaintiffs and Defendant CBS CORPORATION in the above-entitled action, that the time within which Plaintiff may oppose CBS CORPORATION'S motion for summary judgment is hereby extended up to and including September 22, 2015. IT IS FURTHER STIPULATED AND AGREED that the time within which Defendant CBS CORPORATION may reply to Plaintiff's opposition is extended up to and including October 12, 2015. Set Deadlines/Hearing as to #201 MOTION to Preclude: (Responses due by 9/22/2015, Replies due by 10/12/2015.) Motions terminated: #207 LETTER MOTION for Extension of Time to File Response/Reply as to #201 MOTION to Preclude. (Signed by Judge J. Paul Oetken on 8/26/2015) (kko)
August 26, 2015 Opinion or Order Filing 211 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT GENERAL ELECTRIC COMPANY'S MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by an between the undersigned attorneys of record for the Plaintiffs and Defendant GENERAL ELECTRIC COMPANY ("GE") in the above-entitled action, that the time within which Plaintiff may oppose GE'S motion for summary judgment is hereby extended up to and including September 22, 2015. IT IS FURTHER STIPULATED AND AGREED that the time within which Defendant GE may reply to Plaintiff's opposition is extended up to and including October 12, 2015. Set Deadlines/Hearing as to #188 MOTION to Suppress, MOTION for Summary Judgment: (Responses due by 9/22/2015, Replies due by 10/12/2015.) Motions terminated: #206 LETTER MOTION for Extension of Time to File Response/Reply as to #188 MOTION to Suppress, MOTION for Summary Judgment. (Signed by Judge J. Paul Oetken on 8/26/2015) (kko)
August 26, 2015 Opinion or Order Filing 210 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT CBS CORPORATION'S MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by an between the undersigned attorneys of record for the Plaintiffs and Defendant CBS CORPORATION in the above-entitled action, that the time within which Plaintiff may oppose CBS CORPORATION'S motion for summary judgment is hereby extended up to and including September 22, 2015. IT IS FURTHER STIPULATED AND AGREED that the time within which Defendant CBS CORPORATION may reply to Plaintiff's opposition is extended up to and including October 12, 2015. Set Deadlines/Hearing as to #177 MOTION for Summary Judgment: (Responses due by 9/22/2015, Replies due by 10/12/2015.) Motions terminated: #205 LETTER MOTION for Extension of Time to File Response/Reply as to #177 MOTION for Summary Judgment. (Signed by Judge J. Paul Oetken on 8/26/2015) (kko) Modified on 8/26/2015 (kko).
August 26, 2015 Opinion or Order Filing 209 STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO OPPOSE DEFENDANT INGERSOLL RAND COMPANY'S MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Plaintiffs and Defendant INGERSOLL RAND COMPANY's motion for summary judgment is hereby extended up to and including September 22, 2015. Set Deadlines/Hearing as to #181 MOTION for Summary Judgment: (Responses due by 9/22/2015) Motions terminated: #204 LETTER MOTION for Extension of Time to File Response/Reply as to #181 MOTION for Summary Judgment. (Signed by Judge J. Paul Oetken on 8/26/2015) (kko)
August 26, 2015 Filing 208 LETTER addressed to Judge J. Paul Oetken from Dennis E. Vega dated August 26, 2015 re: Def GE's Memo of Law in Support of its Summary Judgment Motion. Document filed by General Electric Company.(Vega, Dennis)
August 25, 2015 Filing 207 LETTER MOTION for Extension of Time to File Response/Reply as to #201 MOTION to Preclude . addressed to Judge J. Paul Oetken from James Kramer dated August 25, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose CBS Corp's Motion to Preclude)(Kramer, James)
August 25, 2015 Filing 206 LETTER MOTION for Extension of Time to File Response/Reply as to #188 MOTION to Suppress . MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated August 25, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose GE's Motion for Summary Judgment)(Kramer, James)
August 25, 2015 Filing 205 LETTER MOTION for Extension of Time to File Response/Reply as to #177 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated August 25, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose CBS Corp's Motion for Summary Judgment)(Kramer, James)
August 25, 2015 Filing 204 LETTER MOTION for Extension of Time to File Response/Reply as to #181 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from James Kramer dated August 25, 2015. Document filed by Ann Divirgilio. (Attachments: #1 Text of Proposed Order Stipulation and Order Extending Plaintiff's Time to Oppose Ingersoll Rand's Motion for Summary Judgment)(Kramer, James)
August 25, 2015 Filing 203 DECLARATION in Support re: #201 MOTION to Preclude .. Document filed by CBS 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 H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Text of Proposed Order, #13 Affidavit)(Vega, Dennis)
August 25, 2015 Filing 202 MEMORANDUM OF LAW in Support re: #201 MOTION to Preclude . . Document filed by CBS Corporation. (Vega, Dennis)
August 25, 2015 Filing 201 MOTION to Preclude . Document filed by CBS Corporation. Return Date set for 9/18/2015 at 10:00 AM.(Vega, Dennis)
August 25, 2015 Filing 200 RULE 56.1 STATEMENT. Document filed by Ingersoll-Rand Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-1, #6 Exhibit E-2, #7 Exhibit F-1, #8 Exhibit F-2, #9 Exhibit G-1, #10 Exhibit G-2, #11 Exhibit G-3, #12 Exhibit H-1, #13 Exhibit H-2, #14 Exhibit H-3, #15 Exhibit I, #16 Exhibit J-1, #17 Exhibit J-2, #18 Exhibit K-1, #19 Exhibit K-2, #20 Exhibit K-3)(Pascarella, Lisa)
August 25, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Dennis Enrique Vega to RE-FILE Document #199 MOTION to Preclude . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
August 25, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lisa M. Pascarella to RE-FILE Document #182 Affirmation in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
August 24, 2015 Filing 199 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Preclude . Document filed by CBS Corporation. Return Date set for 9/18/2015 at 10:00 AM. (Attachments: #1 Affidavit Cert of Attorney, #2 Memo, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Text of Proposed Order, #15 Cert of Service)(Vega, Dennis) Modified on 8/25/2015 (db).
August 24, 2015 Filing 198 NOTICE of Proposed Order re: #193 MOTION for Summary Judgment .. Document filed by Air & Liquid Systems Corporation. (Howarth, John)
August 24, 2015 Filing 197 NOTICE of Certificate of Service re: #193 MOTION for Summary Judgment .. Document filed by Air & Liquid Systems Corporation. (Howarth, John)
August 24, 2015 Filing 196 RULE 56.1 STATEMENT. Document filed by Air & Liquid Systems Corporation. (Howarth, John)
August 24, 2015 Filing 195 AFFIDAVIT of John S. Howarth in Support re: #193 MOTION for Summary Judgment .. Document filed by Air & Liquid Systems 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 H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Howarth, John)
August 24, 2015 Filing 194 MEMORANDUM OF LAW in Support re: #193 MOTION for Summary Judgment . . Document filed by Air & Liquid Systems Corporation. (Howarth, John)
August 24, 2015 Filing 193 MOTION for Summary Judgment . Document filed by Air & Liquid Systems Corporation. Responses due by 8/31/2015(Howarth, John)
August 24, 2015 Filing 192 DECLARATION of Dennis E. Vega in Support re: #188 MOTION to Suppress . MOTION for Summary Judgment .. Document filed by General Electric Company. (Attachments: #1 Ex 1 Summons and Complaint, #2 Ex 2 GE Acknowledgemnt of Receipt and Answer, #3 Ex 3 Notice of Removal, #4 Ex 4 Military Records_Part1, #5 Ex 4 Military Records_Part2, #6 Ex 5 Dep of Dominic Devirgilio Vol 1, #7 Ex 6 Dominic Devirglio Vol 2, #8 Ex 7 Dep of Dominic Divirgilio Vol 3, #9 Ex 8 Video Dep of Dominic Divirgilio, #10 Ex 9 Dep of Arnold P Moore P E_072415, #11 Ex 10 Hobson January 28, 2008, #12 Ex 11 Shroppe December 17 2009, #13 Ex 12 Handbook of Research, Development and Testing Facilities August 30 1957_Part1, #14 Ex 12 Handbook of Research, Development and Testing Facilities August 30 1957_Part2, #15 Ex 13 Mil Specs ID Plates 15204_091952, #16 Ex 14 Lehman Affidavit July 12 2007, #17 Ex 15 Mil Specs T17600 Oct 6 1955 and Specs for Generator MILG3087 Nov 29 1949_Part1, #18 Ex 15 Mil Specs T17600 Oct 6 1955 and Specs for Generator MILG3087 Nov 29 1949_Part2, #19 Ex 15 Mil Specs T17600 Oct 6 1955 and Specs for Generator MILG3087 Nov 29 1949_Part3, #20 Ex 16 Affidavit of Dr Lawrence Betts 112210, #21 Ex 17 Mil Specs Thermal Insulation, #22 Ex 18 Mil Specs T15071B Tech manuals for Mechanical and Electrical Equipment August 16, 1954, #23 Ex 19 Mil Specs T15071C Manual, Technical, Mechanical and Electric September 10 1957, #24 Ex 20 Mil Specs T15071D for Manual, Service for Shipboard Electrical and Mechanical Equip June 6 1961, #25 Ex 21 Correspondence between Nav and GE, #26 Ex 22 McCaffery 121210, #27 Ex 23 Moline Report 061615, #28 Ex 24 Moline Deposition, #29 Ex 25 Ewing Report, #30 Ex 26 Dep of Ewing CIH William M, #31 Ex 27 A Health Survey of Pipe Covering Operations in Constructing Naval Vessels, #32 Ex 28 Draft Fleischer_Drinker Study, #33 Rule 56 Statement of Undisputed Facts, #34 Cert of Service)(Vega, Dennis)
August 24, 2015 Filing 191 CERTIFICATE OF SERVICE of Motion for Summary Judgment served on All Parties on August 24, 2015. Document filed by Ingersoll-Rand Company. (Pascarella, Lisa)
August 24, 2015 Filing 190 CERTIFICATE OF SERVICE of Defendant Crane Co.'s Motion for Summary Judgment and Defendant Crane Co.'s Memorandum of Law in Support of its motion for Summary Judgment served on All Parties on August 24, 2015. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
August 24, 2015 Filing 189 MEMORANDUM OF LAW in Support re: #188 MOTION to Suppress . MOTION for Summary Judgment . . Document filed by General Electric Company. (Vega, Dennis)
August 24, 2015 Filing 188 MOTION to Suppress ., MOTION for Summary Judgment . Document filed by General Electric Company.(Vega, Dennis)
August 24, 2015 Filing 187 MEMORANDUM OF LAW in Support re: #180 MOTION for Summary Judgment of Defendant Crane Co.. . Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
August 24, 2015 Filing 186 RULE 56.1 STATEMENT. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
August 24, 2015 Filing 185 AFFIRMATION of Eric R.I. Cottle in Support re: #180 MOTION for Summary Judgment of Defendant Crane Co... Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Deposition 02-03-2015, #3 Exhibit C - Deposition 02-04-2015, #4 Exhibit D - Deposition 02-05-2015, #5 Exhibit E -Video Deposition 02-05-2015, #6 Exhibit F - Expert Report of A. Moore, #7 Exhibit G - A. Moore Deposition 07-24-2015_Part1, #8 Exhibit G - A. Moore Deposition 07-24-2015_Part2, #9 Exhibit H - Expert Report of W. Ewing, #10 Exhibit I - W. Ewing Deposition 08-11-2015, #11 Exhibit J - A. Panteleoni Transcript 03-10-2010 in Ayer_Part1, #12 Exhibit J - A. Panteleoni Transcript 03-10-2010 in Ayer_Part2, #13 Exhibit K - A. Panteleoni Transcript in Dec, #14 Exhibit L - A. Panteleoni Transcript 03-05-2009 in Crull)(Cottle, Eric)
August 24, 2015 Filing 184 MEMORANDUM OF LAW in Support re: #181 MOTION for Summary Judgment . . Document filed by Ingersoll-Rand Company. (Attachments: #1 Exhibit 1)(Pascarella, Lisa)
August 24, 2015 Filing 183 DECLARATION of Keith M. O'Connor in Support re: #181 MOTION for Summary Judgment .. Document filed by Ingersoll-Rand Company. (Pascarella, Lisa)
August 24, 2015 Filing 182 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIRMATION of Keith M. O'Connor in Support re: #181 MOTION for Summary Judgment .. Document filed by Ingersoll-Rand Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-1, #6 Exhibit E-2, #7 Exhibit F-1, #8 Exhibit F-2, #9 Exhibit G-1, #10 Exhibit G-2, #11 Exhibit G-3, #12 Exhibit H-1, #13 Exhibit H-2, #14 Exhibit H-3, #15 Exhibit I, #16 Exhibit J-1, #17 Exhibit J-2, #18 Exhibit K-1, #19 Exhibit K-2, #20 Exhibit K-3)(Pascarella, Lisa) Modified on 8/25/2015 (db).
August 24, 2015 Filing 181 MOTION for Summary Judgment . Document filed by Ingersoll-Rand Company. (Attachments: #1 Text of Proposed Order)(Pascarella, Lisa)
August 24, 2015 Filing 180 MOTION for Summary Judgment of Defendant Crane Co.. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Attachments: #1 Text of Proposed Order Proposed Order)(Cottle, Eric)
August 24, 2015 Filing 179 DECLARATION of Dennis E. Vega in Support re: #177 MOTION for Summary Judgment .. Document filed by CBS Corporation. (Attachments: #1 Ex 1 Summons and Complaint, #2 Ex 2 GE Acknowledgemnt of Receipt and Answer, #3 Ex 3 Notice of Removal, #4 Ex 4 Military Records_Part1, #5 Ex 4 Military Records_Part2, #6 Ex 5 Dep of Dominic Devirgilio Vol 1, #7 Ex 6 Dominic Devirglio Vol 2, #8 Ex 7 Dep of Dominic Divirgilio Vol 3, #9 Ex 8 Video Dep of Dominic Divirgilio, #10 Ex 9 moorearn063011, #11 Ex 10 Dep of Arnold P Moore P E_072415, #12 Ex 11 Horne Affidavit and CV_Part1, #13 Ex 11 Horne Affidavit and CV_Part2, #14 Ex 12 MILT17523BC_Part1, #15 Ex 12 MILT17523BC_Part2, #16 Ex 12 MILT17523BC_Part3, #17 Ex 13 Mil Specs 15071e, #18 Ex 14 Affidavit of Dr Lawrence Betts 112210, #19 Ex 15 Moline Report 061615, #20 Ex 16 Moline Deposition, #21 Ex 17 Ewing Report, #22 Ex 18 Dep of Ewing CIH William M, #23 Ex 19 A Health Survey of Pipe Covering Operations in Constructing Naval Vessels, #24 Ex 20 Draft Fleischer_Drinker Study, #25 CBS Rule 56 Statement of Undisputed Facts, #26 Text of Proposed Order, #27 Certification of Service)(Vega, Dennis)
August 24, 2015 Filing 178 MEMORANDUM OF LAW in Support re: #177 MOTION for Summary Judgment . . Document filed by CBS Corporation. (Vega, Dennis)
August 24, 2015 Filing 177 MOTION for Summary Judgment . Document filed by CBS Corporation.(Vega, Dennis)
August 18, 2015 Filing 176 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to this stipulation, that whereas no party is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, the attached hereto actions are hereby is discontinued as against Defendant HOWDEN NORTH AMERICA, INC., f/k/a Howden Buffalo without prejudice and without cost to either party as against the other. Howden North America, Howden North America, Howden North America, Howden North America, Howden North America, Howden North America, Howden North America and Howden North America terminated. (Signed by Judge J. Paul Oetken on 8/18/2015) (kko)
August 17, 2015 Filing 175 STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANT NASH ENGINEERING COMPANY, ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties, to the above-entitled action, that whereas no party is an infant or incompetent person for whom a committee has been appointed and no person nor a party has an interest in the subject matter of the action, the above entitled section by and the same hereby is discontinued with prejudice as to Defendant, NASH ENGINEERING COMPANY, including all claims and cross claims as to NASH ENGINEERING COMPANY, without cost to either party as against the other. THE NASH ENGINEERING CO., INC., THE NASH ENGINEERING CO., INC. and THE NASH ENGINEERING CO., INC. terminated. (Signed by Judge J. Paul Oetken on 8/17/2015) (kko)
August 17, 2015 Opinion or Order Filing 174 STIPULATION OF DISMISSAL AS TO DEFENDANT ABB, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiffs and defendant ABB, Inc. in the above-entitled action, that whereas no party is an infant or incompetent person, it is hereby agreed that all Plaintiffs' claims against defendant ABB, Inc. in the above-entitled action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. IT IS ORDERED that any claims and cross claims against defendant ABB, Inc. are dismissed with prejudice and without costs. This stipulation may be filed with the clerk without further notice. SO ORDERED. ABB, Inc., ABB, Inc., ABB, Inc., ABB, Inc., ABB, Inc., ABB, Inc., ABB, Inc., ABB, Inc., ABB, Inc. and ABB, Inc. terminated. (Signed by Judge J. Paul Oetken on 8/17/2015) (kko)
August 13, 2015 Filing 173 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Raghu N. Bandlamudi dated August 13, 2015 re: Request to be excused from Settlement conference on 8-13-15. Document filed by Goulds Pumps, Inc..(Bandlamudi, Raghu)
August 13, 2015 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Settlement Conference was held on 8/13/2015. The parties were unable to resolve their disputes. (Midwood, Laura)
August 12, 2015 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Kerryann Cook to E-MAIL Document No. #171 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
August 11, 2015 Filing 172 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from M. Clair Dekar, Esq dated 8/11/2015 re: Request permission to be excused from attending the Settlement Conference. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/11/2015) (spo)
August 11, 2015 Filing 171 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) THE NASH ENGINEERING CO., INC. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by THE NASH ENGINEERING CO., INC..(Cook, Kerryann) Modified on 8/12/2015 (km).
August 10, 2015 Filing 170 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Christopher Hannan, Esq. dated 8/10/2015 re: Request to be excused from attending Thursday's conference. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/10/2015) (spo)
August 7, 2015 Opinion or Order Filing 169 ORDER granting #160 Motion for David M. Sturm to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
July 31, 2015 Filing 168 STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANT ROCKWELL AUTOMATION, INC., as successor in interest to Allen-Bradley Company, LLC: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the plaintiff and the attorneys for Defendant Rockwell Automation, Inc., as successor in interest to Allen-Bradley Company, LLC (misnamed in the complaint as "Rockwell Automation Inc., individually and a successor to Allen Bradley Co."), (hereinafter "Allen-Bradley" or "Defendant"), that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above action be and the same hereby is discontinued with prejudice against Defendant Allen-Bradley without costs to either party as against the other. Rockwell Automation Inc. (a successor to Allen Bradley Co.), Rockwell Automation Inc. (a successor to Allen Bradley Co.), Rockwell Automation Inc. (a successor to Allen Bradley Co.), Rockwell Automation Inc. (individually), Rockwell Automation Inc. (a successor to Allen Bradley Co.), Rockwell Automation Inc. (individually) and Rockwell Automation Inc. (individually) terminated. (Signed by Judge J. Paul Oetken on 7/30/2015) (kko)
July 31, 2015 Opinion or Order Filing 167 ORDER FOR ADMISSION OF CHRISTOPHER G. CONLEY PRO HAC VICE ON WRITTEN MOTION granting #166 Motion for Christopher G. Conley to Appear Pro Hac Vice. (Signed by Judge J. Paul Oetken on 7/31/2015) (kko)
July 31, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #160 MOTION to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
July 30, 2015 Filing 166 MOTION for Christopher G. Conley to Appear Pro Hac Vice for CBS Corporation. Filing fee $ 200.00, receipt number 0208-11218614. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation. (Attachments: #1 Affidavit of Sponsor in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit 1, #3 Exhibit 2)(Vega, Dennis)
July 30, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #166 MOTION for Christopher G. Conley to Appear Pro Hac Vice for CBS Corporation. Filing fee $ 200.00, receipt number 0208-11218614. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 28, 2015 Opinion or Order Filing 165 STIPULATION AND ORDER TO EXTEND DEFENDANT EATON CORPORATION, AS SUCCESSOR-IN-INTEREST TO CUTLER HAMMER, INC.'S TIME TO SERVE EXPERT REPORT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Plaintiffs and Defendant EATON CORPORATION, as successor-in-interest to Cutler-Hammer, Inc. ("Cutler-Hammer") in the above-entitled action, that the time within which Defendant may serve a medical expert report is hereby extended up to and including August 24, 2015. By stipulating to this extension, the parties further agree that no extension of any anticipated trial date as originally contemplated by the Court's current discovery schedule will occur. There has been no previous request by this Defendant for an extension of time to serve its medical expert report. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/28/2015) (spo)
July 28, 2015 Opinion or Order Filing 164 STIPULATION OF DISMISSAL AS TO DEFENDANT UNION CARBIDE CORPORATION ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiffs and Defendant Union Carbide Corporation in the above-entitled action, that whereas no party to this Stipulation is an infant, or incompetent person, it is hereby agreed that all Plaintiffs' claims against Union Carbide Corporation in the above action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. IT IS ORDERED that any claims and cross claims against defendant Union Carbide Corporation are dismissed with prejudice and without costs. SO ORDERED. Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation, Union Carbide Corporation and Union Carbide Corporation terminated. (Signed by Judge J. Paul Oetken on 7/28/2015) (kko)
July 27, 2015 Filing 163 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Robert M. Gilmartin Jr. dated 07/27/2015 re: Extension of time to serve expert report. Document filed by Eaton Corporation. (Attachments: #1 Text of Proposed Order Stipulation and proposed Order extending time to serve expert report)(Gilmartin, Robert)
July 27, 2015 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Joseph LaSala to E-MAIL Document No. #162 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
July 24, 2015 Filing 162 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) Rockwell Automation Inc.(individually) and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Rockwell Automation Inc.(a successor to Allen Bradley Co.). (Attachments: #1 Affidavit Certificate of Service)(LaSala, Joseph) Modified on 7/27/2015 (km).
July 24, 2015 Filing 161 FIRST LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from James M. Kramer dated July 24, 2015 re: Response to 3-month extension request. Document filed by Dominic R. Devirgilio.(Kramer, James)
July 24, 2015 Pro Hac Vice Fee Payment: for #160 MOTION to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-11192626.(Vega, Dennis)
July 23, 2015 Filing 160 MOTION to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Electric Company. (Attachments: #1 Affidavit GE Pro Hac Vice - Affidavit, #2 Exhibit GE Pro Hac Vice - Exhibit 1 - Certificates of Good Standing, #3 Exhibit GE Pro Hac Vice - Exhibit 2 - Proposed Order of Admission of David M. Sturm Pro Hac Vice)(Vega, Dennis) Modified on 7/24/2015 (sdi). Modified on 7/31/2015 (sdi).
July 22, 2015 Filing 159 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Robert M. Gilmartin, Jr. dated July 22, 2015 re: discovery deadline. Document filed by Eaton Corporation.(Gilmartin, Robert)
July 21, 2015 Filing 158 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dennis E. Vega dated July 21, 2015 re: Request to Extend Time to Complete Discovery. Document filed by CBS Corporation, Foster Wheeler, LLC.(Vega, Dennis)
July 20, 2015 Filing 157 REPLY MEMORANDUM OF LAW in Support re: #128 MOTION for Summary Judgment . . Document filed by Eaton Corporation. (Smullin, Sarah)
July 14, 2015 Opinion or Order Filing 156 ORDER FOR ADMISSION OF JOHN M. FITZPATRICK PRO HAC VICE ON WRITTEN MOTION granting #154 Motion for John M. Fitzpatrick to Appear Pro Hac Vice. (Signed by Judge J. Paul Oetken on 7/14/2015) (kko)
July 14, 2015 Opinion or Order Filing 155 ORDER FOR ADMISSION OF ERIK D. NANDOLINK PRO HAC VICE ON WRITTEN MOTION granting #153 Motion for Erik D. Nadolink to Appear Pro Hac Vice. (Signed by Judge J. Paul Oetken on 7/14/2015) (kko)
July 13, 2015 Filing 154 MOTION for John M. Fitzpatrick to Appear Pro Hac Vice as counsel for defendant General Electric Company. Filing fee $ 200.00, receipt number 0208-11144374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Electric Company. (Attachments: #1 Affidavit of Sponsor In Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Vega, Dennis)
July 13, 2015 Filing 153 MOTION for Erik D. Nadolink to Appear Pro Hac Vice as counsel for defendant General Electric Company. Filing fee $ 200.00, receipt number 0208-11144335. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Electric Company. (Attachments: #1 Affidavit of Sponsor In Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Vega, Dennis)
July 13, 2015 Filing 152 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher G. Conley to Appear Pro Hac Vice as counsel for defendant CBS Corporation. Filing fee $ 200.00, receipt number 0208-11144198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation. (Attachments: #1 Affidavit Affidavit of Sponsor In Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Certificate of Service)(Vega, Dennis) Modified on 7/13/2015 (sdi).
July 13, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #152 MOTION for Christopher G. Conley to Appear Pro Hac Vice as counsel for defendant CBS Corporation. Filing fee $ 200.00, receipt number 0208-11144198. Motion and supporting papers to be reviewed by Clerk's Office.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Georgia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
July 13, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #153 MOTION for Erik D. Nadolink to Appear Pro Hac Vice as counsel for defendant General Electric Company. Filing fee $ 200.00, receipt number 0208-11144335. Motion and supporting papers to be reviewed by Clerk's Off, #154 MOTION for John M. Fitzpatrick to Appear Pro Hac Vice as counsel for defendant General Electric Company. Filing fee $ 200.00, receipt number 0208-11144374. Motion and supporting papers to be reviewed by Clerk's. The document has been reviewed and there are no deficiencies. (wb)
July 7, 2015 Opinion or Order Filing 151 ORDER FOR ADMISSION OF TIMOTHY E. KAPSHANDY PRO HAC VICE ON WRITTEN MOTION granting #148 Motion for Timothy E. Kapshandy to Appear Pro Hac Vice. (Signed by Judge J. Paul Oetken on 7/7/2015) (kko)
July 7, 2015 Opinion or Order Filing 150 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for Plaintiffs and defendants JOHN CRANE INC. that whereas neither party hereto is an infant, incompetent person for whom a committee has been appointed, nor a conservatee, and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is, discontinued with prejudice, without costs to either party as against the other. So ordered. John Crane Inc., John Crane Inc., John Crane Inc., John Crane Inc., John Crane Inc., John Crane Inc., John Crane Inc., John Crane Inc., John Crane Inc. and John Crane Inc. terminated. (Signed by Judge J. Paul Oetken on 7/7/2015) (kko)
July 7, 2015 Opinion or Order Filing 149 STIPULATION AND ORDER TO EXTEND DEFENDANT EATON CORPORATION, AS SUCCESSOR-IN-INTEREST TO CUTLER HAMMER, INC.'S TIME TO REPLY TO PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Plaintiffs' and Defendant EATON CORPORATION, as successor-in-interest to Cutler-Hammer, Inc. ("Cutler-Hammer") in the above-entitled action, that the time within which Defendant may reply to Plaintiff's opposition to Cutler-Hammer's motion for summary judgment (Dkt. Nos. 143-145) is hereby extended up to and including July 20, 2015. Set Deadlines/Hearing as to #128 MOTION for Summary Judgment: (Replies due by 7/20/2015.) (Signed by Judge J. Paul Oetken on 7/2/2015) (kko)
July 2, 2015 Filing 148 MOTION for Timothy E. Kapshandy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11110657. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Electric Company. (Attachments: #1 Affidavit of Sponsor in Support of Motion for Pro Hac Vice and Exhibits 1 and 2, #2 Certificate of Service)(Vega, Dennis)
July 2, 2015 Filing 147 LETTER addressed to Judge J. Paul Oetken from Robert M. Gilmartin, Jr. dated July 2, 2015 re: Joint Stipulation and Proposed Order to Extend Defendant's Time to Reply to Plaintiffs' Opposition to Cutler-Hammer's Motion for Summary Judgment. Document filed by Eaton Corporation.(Gilmartin, Robert)
July 2, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #148 MOTION for Timothy E. Kapshandy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11110657. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 30, 2015 Filing 146 SUGGESTION OF DEATH upon the record as to Plaintiff, Dominic R. Divirgilio, Jr. on May 20, 2015 . Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company (Attachments: #1 Ex A _ DOMINIC DEVIRGILIO_ Obituary _ Dedham MA)(Vega, Dennis)
June 29, 2015 Filing 145 RULE 56.1 STATEMENT. Document filed by Ann Divirgilio. (Kramer, James)
June 29, 2015 Filing 144 MEMORANDUM OF LAW in Opposition re: #128 MOTION for Summary Judgment . . Document filed by Ann Divirgilio. (Kramer, James)
June 29, 2015 Filing 143 AFFIRMATION of James Kramer in Opposition re: #128 MOTION for Summary Judgment .. Document filed by Ann Devirgilio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kramer, James)
June 29, 2015 Filing 142 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Viacom, Inc. Successor by Merger to CBS Corporation, fka Westinghouse Electric Corporation, Other Affiliate Westinghouse Electric Corporation, Other Affiliate National Amusements, Inc. for CBS Corporation. Document filed by CBS Corporation.(Vega, Dennis)
June 29, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Dennis Enrique Vega to RE-FILE Document #141 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
June 26, 2015 Filing 141 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CBS Corporation.(Vega, Dennis) Modified on 6/29/2015 (lb).
June 26, 2015 Filing 140 ANSWER to Complaint with JURY DEMAND. Document filed by CBS Corporation. (Attachments: #1 Entered Consent Order extending time for CBS to Answer, #2 Cert of Service of CBS Answer)(Vega, Dennis)
June 25, 2015 Opinion or Order Filing 139 CONSENT ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Defendant CBS Corporation and Plaintiffs in this action, that the time for CBS Corporation to file a responsive Answer to the Summons & Complaint is hereby extended to June 26, 2015. There has been no previous request for an extension of time to Answer. SO ORDERED. (CBS Corporation answer due 6/26/2015.) (Signed by Judge J. Paul Oetken on 6/25/2015) (kko)
June 25, 2015 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Suzanne Halbardier to E-MAIL Document No. #138 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
June 24, 2015 Filing 138 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, PREJUDICE prejudice against the defendant(s) John Crane Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John Crane Inc..(Halbardier, Suzanne) Modified on 6/25/2015 (km).
June 23, 2015 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 6/23/2015. (Midwood, Laura)
June 22, 2015 Filing 137 LETTER addressed to Judge J. Paul Oetken from Dennis E. Vega dated June 22, 2015 re: Consent Order Extending Time to Answer. Document filed by CBS Corporation. (Attachments: #1 Signed Consent Order)(Vega, Dennis)
June 19, 2015 Opinion or Order Filing 136 ORDER: IT IS HEREBY ORDERED that the settlement conference previously scheduled in the above-captioned action for July 30, 2015, shall be held on August 13, 2015, at 2:30 p.m. in courtroom 228, 40 Centre Street, New York, New York. (Settlement Conference set for 8/13/2015 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/19/2015) (kko)
June 16, 2015 Opinion or Order Filing 135 STIPULATION OF DISCONTINUANCE AGAINST GARDNER DENVER, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiff and the defendant, GARDNER DENVER, INC., in the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is discontinued, GARDNER DENVER, INC, ONLY, without prejudice, without costs to either party as against the other. (As further set forth in this Order) Gardner Denver, Inc. terminated. (Signed by Judge J. Paul Oetken on 6/16/2015) (kl)
June 16, 2015 Opinion or Order Filing 134 ORDER granting #133 Letter Motion for Extension of Time to File Response/Reply. Granted. Plaintiff shall file an opposition to Defendant Eaton Corporation's motion for summary judgment no later than June 29, 2015. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
June 15, 2015 Filing 133 LETTER MOTION for Extension of Time to File Response/Reply as to #128 MOTION for Summary Judgment ., #129 Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from James Kramer dated 06/15/2015. Document filed by Ann Devirgilio.(Kramer, James)
June 12, 2015 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Kevin Turbert to E-MAIL Document No. #132 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
June 11, 2015 Filing 132 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, against the defendant(s) All Plaintiffs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Gardner Denver, Inc..(Turbert, Kevin) Modified on 6/12/2015 (km).
June 2, 2015 Filing 131 RULE 56.1 STATEMENT. Document filed by Eaton Corporation. (Gilmartin, Robert)
June 2, 2015 Filing 130 AFFIRMATION of Sarah N. Smullin, Esq. in Support re: #128 MOTION for Summary Judgment .. Document filed by Eaton 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 H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Gilmartin, Robert)
June 2, 2015 Filing 129 MEMORANDUM OF LAW in Support re: #128 MOTION for Summary Judgment . . Document filed by Eaton Corporation. (Gilmartin, Robert)
June 2, 2015 Filing 128 MOTION for Summary Judgment . Document filed by Eaton Corporation.(Gilmartin, Robert)
June 2, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Michael Gilmartin to RE-FILE Document #127 MOTION for Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 1, 2015 Filing 127 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Eaton Corporation. (Attachments: #1 Memorandum of Law in Support of Motion for Summary Judgment of Defendant Eaton Corporation, as successor-in-interest to Cutler-Hammer, Inc., #2 Affirmation of Sarah N. Smullin, Esq. in Support of Eaton's Motion for Summary Judgment, #3 Exhibit Exhibit A in Support of Eaton's Motion for Summary Judgment, #4 Exhibit Exhibit B in Support of Eaton's Motion for Summary Judgment, #5 Exhibit Exhibit C in Support of Eaton's Motion for Summary Judgment, #6 Exhibit Exhibit D in Support of Eaton's Motion for Summary Judgment, #7 Exhibit Exhibit E in Support of Eaton's Motion for Summary Judgment, #8 Exhibit Exhibit F in Support of Eaton's Motion for Summary Judgment, #9 Exhibit Exhibit G in Support of Eaton's Motion for Summary Judgment, #10 Exhibit Exhibit H in Support of Eaton's Motion for Summary Judgment, #11 Exhibit Exhibit I in Support of Eaton's Motion for Summary Judgment, #12 Exhibit Exhibit J in Support of Eaton's Motion for Summary Judgment, #13 Exhibit Exhibit K in Support of Eaton's Motion for Summary Judgment, #14 Rule 56.1 Statement of Uncontested Facts in Support of Eaton's Motion for Summary Judgment, #15 Text of Proposed Order Proposed Order for Summary Judgment)(Gilmartin, Robert) Modified on 6/2/2015 (db).
May 18, 2015 Opinion or Order Filing 126 STIPULATION OF DISMISSAL AS TO DEFENDANT, AMETEK, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiff and Defendant Ametek, Inc. in the above-entitled action, that whereas no party hereto is an infant, or incompetent person, it is hereby agreed that all Plaintiff's claims against Ametek, Inc. in the above action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/18/2015) (kko)
May 8, 2015 Opinion or Order Filing 125 STIPULATION AND ORDER TO DISMISS DEFENDANT CARRIER CORPORATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiff DOMINIC R. DEVIRGILIO JR. and ANN DEVIRGILIO, and Defendant CARRIER CORPORATION, that the above-captioned action be, and the same hereby is discontinued with prejudice as against CARRIER CORPORATION and that all claims and cross-claims by co-defendants and third party defendants are hereby dismissed. (Signed by Judge J. Paul Oetken on 5/8/2015) (kko)
May 7, 2015 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Virginia Squiteri Document #124 Stipulation of Voluntary Dismissal was referred to Judge J. Paul Oetken for approval. (km)
May 6, 2015 Filing 124 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Carrier Corporation and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Carrier Corporation.(Squitieri, Virginia) Modified on 5/7/2015 (km).
May 5, 2015 Filing 123 CERTIFICATE OF SERVICE of Defendant Eaton Corporation, as successor-in-interest to Cutler-Hammer, Inc.s Responses to Plaintiffs First Set of Interrogatories and Request for Production of Documents to All Defendants served on James M. Kramer, Esq., Counsel for Plaintiff on March 20, 2015. Service was made by First Class Mail. Document filed by Eaton Corporation. (Gilmartin, Robert)
April 29, 2015 Opinion or Order Filing 122 STIPULATION OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to this stipulation, that whereas no party hereto is an infant of or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action against Defendant, Trane US, Inc. f/k/a American Standard, Inc., be, and the same hereby is, discontinued with prejudice, and without costs to any party as against the other. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/28/2015) (kko)
April 28, 2015 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Lisa Pascarella to E-MAIL Document No. #121 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
April 27, 2015 Filing 121 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) Trane US, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Trane US, Inc..(Pascarella, Lisa) Modified on 4/28/2015 (km).
April 10, 2015 Opinion or Order Filing 120 STIPULATION OF DISMISSAL AS TO DEFENDANT HOPEMAN BROTHERS, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiff and Defendant Hopeman Brothers, Inc. in the above-entitled action, that all Plaintiff's claims against Hopeman Brothers, Inc. in the above action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. IT IS ORDERED that any claims and cross claims against defendant Hopeman Brothers, Inc. are dismissed with prejudice and without costs. SO ORDERED. Hopeman Brothers, Inc., Hopeman Brothers, Inc., Hopeman Brothers, Inc., Hopeman Brothers, Inc., Hopeman Brothers, Inc., Hopeman Brothers, Inc., Hopeman Brothers, Inc. and Hopeman Brothers, Inc. terminated. (Signed by Judge J. Paul Oetken on 4/10/2015) (kko)
April 10, 2015 Opinion or Order Filing 119 STIPULATION OF DISMISSAL AS TO DEFENDANT GOULD ELECTRONICS, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiff and Defendant Gould Electronics, Inc. in the above-entitled action, that all Plaintiff's claims against Gould Electronics, Inc. in the above action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. IT IS ORDERED that any claims and cross claims against defendant Gould Electronics, Inc. are dismissed with prejudice and without costs. SO ORDERED. Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc., Gould Electronics, Inc. and Gould Electronics, Inc. terminated. (Signed by Judge J. Paul Oetken on 4/10/2015) (kko)
April 10, 2015 Filing 118 CERTIFICATE OF SERVICE of Responses to Plaintiff's First Set of Interrogatories and Document Requests served on Dominic DeVirgilio on March 24,2015. Service was made by Mail. Document filed by Rockwell Automation Inc.(a successor to Allen Bradley Co.), Rockwell Automation Inc.(individually). (LaSala, Joseph)
April 7, 2015 Filing 117 CERTIFICATE OF SERVICE of Responses to Interrogatories and Request for Production of Ducuments served on Dominic DeVirgilio on 04/06/2015. Service was made by Mail. Document filed by Gardner Denver, Inc.. (Gharabeigie, Arlene)
April 2, 2015 Filing 116 CERTIFICATE OF SERVICE of Responses to Plaintiff's First Set of Interrogatories and Request for Production of Documents on March 30, 2015. Service was made by Mail. Document filed by Warren Pumps LLC. (Giblin, Annmarie)
April 2, 2015 Filing 115 CERTIFICATE OF SERVICE of Crane Co.'s Objections and Responses to Plaintiff's First Set of Product Identification Interrogatories and Request for Documents on 4/2/2015. Service was made by Overnight Mail. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Kozin, Nicole)
March 6, 2015 Opinion or Order Filing 114 STIPULATION TO DISMISS DEFENDANT FORD MOTOR COMPANY WITH PREJUDICE: It is hereby agreed that all of Plaintiffs' claims and cross-claims against Ford Motor Company in the above action, shall be, and are hereby dismissed with prejudice pursuant to Rule 41 of the Fed. R. Civ. P., with each party to bear its own fees and costs. It is also hereby ordered that all other cross-claims against defendant, Ford Motor Company, are hereby dismissed with prejudice and without costs. SO ORDERED. Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc., Ford Motor Company, Inc. and Ford Motor Company, Inc. terminated. (Signed by Judge J. Paul Oetken on 3/6/2015) (ajs)
March 2, 2015 Filing 113 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for CAROLINA SANTANGELO, ESQ. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10647703. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ingersoll-Rand Company, Trane US, Inc.. (Attachments: #1 Text of Proposed Order, #2 Supplement Certificate of Good Standing, #3 Supplement Certificate of Good Standing)(Pascarella, Lisa) Modified on 3/2/2015 (wb).
March 2, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #113 MOTION for CAROLINA SANTANGELO, ESQ. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10647703. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from the Supreme Court of Florida with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb)
February 27, 2015 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Nancy Pennie to E-MAIL Document No. #112 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
February 26, 2015 Filing 112 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) Ford Motor Company, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ford Motor Company, Inc..(Pennie, Nancy) Modified on 2/27/2015 (km).
February 25, 2015 Filing 111 NOTICE to Take Deposition of Dominic DiVirgilio on March 5, 2015 at 10: 00 AM.Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
February 6, 2015 Opinion or Order Filing 110 ORDER FOR ADMISSION PRO HAC VICE granting #109 Motion for Deirdre Kirby Lydon to Appear Pro Hac Vice. (Signed by Judge J. Paul Oetken on 2/6/2015) (kl)
February 6, 2015 Filing 109 MOTION for DEIRDRE KIRBY LYDON to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10574738. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ingersoll-Rand Company, Trane US, Inc.. (Attachments: #1 Text of Proposed Order, #2 Supplement Certificate of Good Standing, #3 Supplement Certificate of Good Standing)(Pascarella, Lisa)
February 6, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #109 MOTION for DEIRDRE KIRBY LYDON to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10574738. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 30, 2015 Filing 108 NOTICE OF APPEARANCE by Michelle Taylor Castle on behalf of Ametek, Inc.. (Castle, Michelle)
January 30, 2015 Filing 107 NOTICE OF APPEARANCE by Michelle Taylor Castle on behalf of Ametek, Inc.. (Castle, Michelle)
January 23, 2015 Filing 106 NOTICE to Take Deposition of Dominic DiVirgilio on Tuesday, February 3, 2015 at 10:00 A.M.Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
January 16, 2015 Filing 105 NOTICE to Take Deposition of Dominic DiVirgilio on Tuesday, February 3, 2015 at 10:00 A.M.Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
January 16, 2015 Filing 104 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dennis E. Vega dated January 16, 2015 re: Follow_Up Ltr Regarding Outstanding Discovery Needed to Depose Plt. Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company.(Vega, Dennis)
January 16, 2015 Filing 103 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dennis E. Vega dated January 16, 2015 re: Outstanding Discovery Needed to Depose Pltf 16Jan201. Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company.(Vega, Dennis)
January 13, 2015 Filing 102 NOTICE to Take Deposition of Dominic DiVirgilio on Tuesday, January 27, 2015 at 10:00 AM.Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
January 8, 2015 Filing 101 NOTICE OF APPEARANCE by Nicole Melody Kozin on behalf of Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Kozin, Nicole)
January 5, 2015 Opinion or Order Filing 100 ORDER: IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, shall be initiated so as to be completed on or before July 23, 2015; 2. a telephonic status conference will be held with the parties on June 23, 2015, at 10:00 a.m. Counsel to the plaintiff shall initiate the telephonic conference on that date; 3. the last date on which to amend pleadings will be February 2, 2015: 4. the last date on which to join additional parties will be February 2, 2015; 5. a settlement conference will be held with the parties on July 30, 2015, at 2:30 p.m. The procedures under which the settlement conference will be conducted are being provided to the parties with a copy of this order; 6. any dispositive motion shall be served and filed on or before August 24, 2015; 7. the response to the motion and any reply shall be served and filed in accordance with Local Civil Rule 6.1 of this court; and 8. if no dispositive motion is made, the parties shall submit their joint pretrial order to the Court on or before August 24, 2015. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. (Amended Pleadings due by 2/2/2015. Joinder of Parties due by 2/2/2015. Motions due by 8/24/2015. Discovery due by 7/23/2015. Settlement Conference set for 7/30/2015 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. Telephonic Status Conference set for 6/23/2015 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox. Joint Pretrial Order due by 8/24/2015). (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/5/2015) (rjm)
December 23, 2014 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 12/23/2014. (Midwood, Laura)
December 19, 2014 Filing 99 ANSWER to Complaint. Document filed by John Crane Inc..(Halbardier, Suzanne)
December 16, 2014 Opinion or Order Filing 98 ORDER. IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on December 23, 2014, at 5:00 p.m. The telephone conference shall be initiated by counsel to the plaintiffs to (212) 805-6705. (Telephone Conference set for 12/23/2014 at 05:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/16/2014) (rjm)
December 5, 2014 Filing 97 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Eaton Corporation.(Gilmartin, Robert)
December 5, 2014 Filing 96 NOTICE OF APPEARANCE by Robert Michael Gilmartin, JR on behalf of Eaton Corporation. (Attachments: #1 Rule 7.1 Disclosure Statement)(Gilmartin, Robert)
December 5, 2014 Filing 95 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Rockwell Automation Inc.(a successor to Allen Bradley Co.).(LaSala, Joseph)
December 5, 2014 Filing 94 NOTICE OF APPEARANCE by Joseph P. LaSala on behalf of Rockwell Automation Inc.(a successor to Allen Bradley Co.). (Attachments: #1 Rule 7.1 Disclosure Statement)(LaSala, Joseph)
December 5, 2014 Filing 93 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by THE NASH ENGINEERING CO., INC..(Cook, Kerryann)
December 5, 2014 Filing 92 NOTICE OF APPEARANCE by Kerryann Marie Cook on behalf of THE NASH ENGINEERING CO., INC.. (Cook, Kerryann)
December 5, 2014 Filing 91 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from James Kramer dated December 5, 2014 re: Divirgilio v. ABB, Inc., et al., SDNY Civ. Action No.: 1:14-cv-7754-JPO-KNF Dominic Divirgilio deposition. Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
December 4, 2014 Filing 90 JOINT PRE-CONFERENCE STATEMENT and Scheduling Order. Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company.(Vega, Dennis)
December 3, 2014 Opinion or Order Filing 89 MEMO ENDORSEMENT on re: #85 Letter filed by Ann Divirgilio, Dominic R Divirgilio. ENDORSEMENT: Application Denied, without prejudice. The parties shall submit their proposed Case Management Plan to the court on or before December 8, 2014. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/03/2014) (ama)
December 3, 2014 Filing 88 ANSWER to #71 Amended Complaint,,,., CROSSCLAIM against All Defendants. Document filed by Ametek, Inc..(O'Leary, Richard)
December 3, 2014 Filing 87 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ametek, Inc..(O'Leary, Richard)
November 21, 2014 Filing 86 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dennis Vega dated 11/21/2014 re: Opposition to Plaintiff's Proposal for de bene esse deposition on December 5, 2014. Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company.(Vega, Dennis)
November 21, 2014 Filing 85 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from James Kramer dated November 21, 2014 re: DiVirgilio v. ABB, Inc., et al., SDNY Civ. Action No.:1:14-cv-7754-JPO-KNF. Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
November 20, 2014 Filing 84 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Air & Liquid Systems Corporation.(Howarth, John)
November 18, 2014 Filing 83 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dennis E. Vega dated November 18, 2014 re: In Response to Plaintiffs' Letter reProposed Discovery Schedule and Video Deposition Notice. Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company.(Vega, Dennis)
November 18, 2014 Filing 82 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from James Kramer dated November 18, 2014 re: Devirgilio et al v. ABB, Inc. et al 1:14-cv-07754-JPO-KNF. Document filed by Ann Divirgilio, Dominic R Divirgilio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Affidavit of Service)(Kramer, James)
November 13, 2014 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 11/13/2014. (Midwood, Laura)
November 13, 2014 Filing 81 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Ametek, Inc. served on 11/10/2014, answer due 12/1/2014. Service was accepted by Maureen Logan, General Agent. Document filed by Dominic R Divirgilio; Ann Divirgilio. (Attachments: #1 Supplement Summons Issued as to Ametek, Inc., #2 Affidavit of Service)(Kramer, James)
November 13, 2014 Filing 80 ANSWER to Complaint., CROSSCLAIM against All Defendants. Document filed by Carrier Corporation.(Squitieri, Virginia)
November 13, 2014 Filing 79 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Technologies Corp. for Carrier Corporation. Document filed by Carrier Corporation.(Squitieri, Virginia)
November 13, 2014 Filing 78 NOTICE OF APPEARANCE by Virginia Paula Squitieri on behalf of Carrier Corporation. (Squitieri, Virginia)
November 13, 2014 Filing 77 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crane Co.(individually).(Digiglio, Angela)
November 4, 2014 Opinion or Order Filing 76 ORDER. IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on November 13, 2014, at 10:00 a.m. The telephone conference shall be initiated by counsel to the plaintiffs to (212) 805-6705. (Telephone Conference set for 11/13/2014 at 10:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/4/2014) (rjm)
November 4, 2014 Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/21/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 4, 2014 Filing 74 TRANSCRIPT of Proceedings re: conference held on 10/21/2014 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court 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. Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.(McGuirk, Kelly)
October 31, 2014 Filing 73 ELECTRONIC SUMMONS ISSUED as to Ametek, Inc. (lcu)
October 30, 2014 Filing 72 REQUEST FOR ISSUANCE OF SUMMONS as to AMETEK, INC., et al.,, re: #71 Amended Complaint,,,. Document filed by Ann Divirgilio, Dominic R Divirgilio. (Kramer, James)
October 30, 2014 Filing 71 SECOND AMENDED COMPLAINT amending #69 Amended Complaint,,,, #68 Amended Complaint,,, against ABB, Inc., Air & Liquid Systems Corporation(as successor by merger to Buffalo Pumps, Inc.), CBS Corporation, Crane Co.(individually), Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Elliott Company, FMC Corporation, Ford Motor Company, Inc., Foster Wheeler, LLC, Gardner Denver, Inc., General Electric Company, Gould Electronics, Inc., Goulds Pumps, Inc., Hopeman Brothers, Inc., Howden North America, Imo Industries Inc., Ingersoll-Rand Company, John Crane Inc., Trane US, Inc., Union Carbide Corporation, Warren Pumps LLC, Ametek, Inc. with JURY DEMAND.Document filed by Dominic R Divirgilio, Ann Divirgilio. Related document: #69 Amended Complaint,,,, filed by Ann Divirgilio, Dominic R Divirgilio, #68 Amended Complaint,,, filed by Ann Devirgilio, Dominic R. Devirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
October 28, 2014 ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney James Kramer RE: Document No. #69 Amended Complaint,,,,. The filing is deficient for the following reason(s): Additional parties not added Re-file the document and select the correct party you are filing against. Please add the party correctly as the defendant not the adr provider. (jom)
October 28, 2014 Filing 70 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Ametek, INC., re: #69 Amended Complaint,,,. Document filed by Ann Divirgilio, Dominic R Divirgilio. (Kramer, James)
October 28, 2014 Filing 69 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #68 Amended Complaint,,, against ABB, Inc., Air & Liquid Systems Corporation(as successor by merger to Buffalo Pumps, Inc.), CBS Corporation, Crane Co.(individually), Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Elliott Company, FMC Corporation, Ford Motor Company, Inc., Foster Wheeler, LLC, Gardner Denver, Inc., General Electric Company, Gould Electronics, Inc., Goulds Pumps, Inc., Hopeman Brothers, Inc., Howden North America, Imo Industries Inc., Ingersoll-Rand Company, John Crane Inc., Trane US, Inc., Union Carbide Corporation, Warren Pumps LLC, Ametek, Inc. with JURY DEMAND.Document filed by Dominic R Divirgilio, Ann Divirgilio. Related document: #68 Amended Complaint,,, filed by Ann Devirgilio, Dominic R. Devirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James) Modified on 10/29/2014 (jom).
October 28, 2014 ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney James Michael Kramer RE: Document No. #68 Amended Complaint,,,. The filing is deficient for the following reason(s): Additional parties not added Re-file the document and select the correct party you are filing against.Select the Add Party for Pleading event found under the event category Complaints and Other Initiating Documents. (cde)
October 27, 2014 Filing 68 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT against ABB, Inc., Air & Liquid Systems Corporation(as successor by merger to Buffalo Pumps, Inc.), CBS Corporation, Crane Co.(individually), Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Elliott Company, FMC Corporation, Ford Motor Company, Inc., Foster Wheeler, LLC, Gardner Denver, Inc., General Electric Company, Gould Electronics, Inc., Goulds Pumps, Inc., Hopeman Brothers, Inc., Howden North America, Imo Industries Inc., Ingersoll-Rand Company, John Crane Inc., Trane US, Inc., Union Carbide Corporation, Warren Pumps LLC with JURY DEMAND.Document filed by Ann Devirgilio, Dominic R. Devirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James) Modified on 10/28/2014 (cde).
October 27, 2014 Filing 67 NOTICE of OF ENTRY. Document filed by Ann Devirgilio, Dominic R. Devirgilio. (Attachments: #1 Affidavit of Service)(Kramer, James)
October 24, 2014 Filing 66 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gardner Denver, Inc..(Turbert, Kevin)
October 24, 2014 Filing 65 NOTICE OF APPEARANCE by Kevin William Turbert on behalf of Gardner Denver, Inc.. (Turbert, Kevin)
October 23, 2014 Filing 64 ANSWER to Complaint. Document filed by Howden North America.(O'Malley, Austin)
October 23, 2014 Filing 63 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Colfax Corporation for Howden North America, Howden North America, Howden North America. Document filed by Howden North America.(O'Malley, Austin)
October 23, 2014 Filing 62 NOTICE OF APPEARANCE by Austin David O'Malley on behalf of Howden North America. (O'Malley, Austin)
October 21, 2014 Filing 61 ANSWER to Complaint., CROSSCLAIM against All Defendants. Document filed by Hopeman Brothers, Inc..(Statman, Eric)
October 21, 2014 Filing 60 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hopeman Brothers, Inc..(Statman, Eric)
October 21, 2014 Filing 59 NOTICE OF APPEARANCE by Austin David O'Malley on behalf of Goulds Pumps, Inc.. (O'Malley, Austin)
October 21, 2014 Filing 58 NOTICE OF APPEARANCE by Eric David Statman on behalf of Hopeman Brothers, Inc.. (Statman, Eric)
October 21, 2014 Filing 57 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Smiths Group. for John Crane Inc.. Document filed by John Crane Inc..(Halbardier, Suzanne)
October 21, 2014 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Kevin Nathaniel Fox. Please note that this is a reassignment of the designation only. (pgu)
October 21, 2014 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Discovery Hearing held on 10/21/2014. 1.Plaintiff wants deposition of plaintiff, by defendants, w/in 2 weeks. Defendants need medical and other records. Deposition can occur w/in reasonable time after medical records are turned over. Defendants will get 2nd deposition of plaintiff if other info produced after deposition.2.AJP recuses bc of stock ownership in a defendant. (Gray, Diane)
October 21, 2014 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Kevin Nathaniel Fox, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Andrew J. Peck no longer referred to the case. (pgu)
October 20, 2014 Filing 56 ANSWER to #46 , #45 Crossclaim., ANSWER to #46 , #45 Crossclaim., CROSSCLAIM against All Defendants. Document filed by Goulds Pumps, Inc..(Bandlamudi, Raghu)
October 20, 2014 Filing 55 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ITT Corporation for Goulds Pumps, Inc., Goulds Pumps, Inc.. Document filed by Goulds Pumps, Inc..(Bandlamudi, Raghu)
October 20, 2014 Filing 54 NOTICE OF APPEARANCE by Raghu N Bandlamudi on behalf of Goulds Pumps, Inc.. (Bandlamudi, Raghu)
October 20, 2014 Filing 53 NOTICE OF APPEARANCE by Katrina Helene Murphy on behalf of Gardner Denver, Inc.. (Murphy, Katrina)
October 20, 2014 Filing 52 NOTICE OF APPEARANCE by Christopher Patrick Hannan on behalf of FMC Corporation. (Hannan, Christopher)
October 20, 2014 Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Elliott Group Holdings, Inc., Corporate Parent Ebara Corporation for Elliott Company. Document filed by Elliott Company.(Kim, Vivian)
October 20, 2014 Filing 50 NOTICE OF APPEARANCE by Vivian E Kim on behalf of Elliott Company. (Kim, Vivian)
October 20, 2014 Filing 49 NOTICE OF APPEARANCE by Mary Claire Dekar on behalf of Elliott Company. (Dekar, Mary)
October 20, 2014 Filing 48 NOTICE OF APPEARANCE by Eric Howard Lindenman on behalf of Crane Co.(individually). (Lindenman, Eric)
October 17, 2014 Opinion or Order Filing 47 ORDER SCHEDULING STATUS CONFERENCE: that a status conference is scheduled for October 21, 2014 at 2:00 PM before the undersigned in Courtroom 20D (500 Pearl Street). Initial Conference set for 10/21/2014 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 10/17/2014) (tn)
October 17, 2014 Filing 46 ANSWER to Complaint., CROSSCLAIM against ABB, Inc., Air & Liquid Systems Corporation, CBS Corporation, Crane Co.(individually), Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Ford Motor Company, Inc., Foster Wheeler, LLC, General Electric Company, Gould Electronics, Inc., Ingersoll-Rand Company, John Crane Inc., Trane US, Inc., Union Carbide Corporation. Document filed by Imo Industries Inc..(Giblin, Annmarie)
October 17, 2014 Filing 45 ANSWER to Complaint., CROSSCLAIM against ABB, Inc., Air & Liquid Systems Corporation, CBS Corporation, Crane Co.(individually), Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves), Ford Motor Company, Inc., Foster Wheeler, LLC, General Electric Company, Gould Electronics, Inc., Ingersoll-Rand Company, John Crane Inc., Trane US, Inc., Union Carbide Corporation. Document filed by Warren Pumps LLC.(Giblin, Annmarie)
October 17, 2014 Filing 44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JX Nippon Mining & Metals Corporation, Other Affiliate JX Holdings, Inc. for Gould Electronics, Inc.. Document filed by Gould Electronics, Inc..(Statman, Eric)
October 17, 2014 Filing 43 NOTICE OF APPEARANCE by Eric David Statman on behalf of Gould Electronics, Inc.. (Statman, Eric)
October 17, 2014 Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Dow Chemical Company for Union Carbide Corporation. Document filed by Union Carbide Corporation.(Statman, Eric)
October 17, 2014 Filing 41 NOTICE OF APPEARANCE by Eric David Statman on behalf of Union Carbide Corporation. (Statman, Eric)
October 17, 2014 Filing 40 NOTICE: PLEASE BE ADVISED THAT THE CONFERENCE SCHEDULED FOR December 16, 2014 IS HEREBY CANCELLED. William Ryan, Clerk to Judge Keenan. (djc)
October 17, 2014 Opinion or Order Filing 39 ORDER: denying #36 Motion for Reconsideration re: #35 Order. The request for reconsideration of the Court's order adjourning Plaintiff's deposition is denied. In view of concerns regarding Plaintiff's poor health, the parties are directed to confer with Magistrate Judge Peck to set a date for Plaintiff's deposition as soon as possible. (Signed by Judge Loretta A. Preska on 10/17/2014) (djc) Modified on 10/17/2014 (djc).
October 17, 2014 Opinion or Order Filing 38 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. Motions referred to Andrew J. Peck. (Signed by Judge John F. Keenan on 10/17/2014) (djc)
October 17, 2014 Filing 37 LETTER RESPONSE in Opposition to Motion addressed to Judge John F. Keenan from Dennis E. Vega dated October 17, 2014 re: #36 MOTION for Reconsideration re; #35 Order,, . . Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company. (Attachments: #1 RecordTrak Printout)(Vega, Dennis)
October 17, 2014 NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge John F. Keenan is no longer assigned to the case. (pgu)
October 16, 2014 Filing 36 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Reconsideration re; #35 Order,, . Document filed by Ann Devirgilio, Dominic R. Devirgilio. Return Date set for 10/17/2014 at 12:00 PM. (Attachments: #1 Exhibit Exhibit 1: Summons and Complaint, #2 Exhibit Exhibit 2: Answers to Interrogatories on defendants, #3 Exhibit Exhibit 3: Notice of Deposition, #4 Exhibit Exit 4: Notice of Dhibeposition Adjournment, #5 Affidavit Certificate of Service)(Kramer, James) Modified on 10/17/2014 (ldi).
October 16, 2014 Opinion or Order Filing 35 ORDER: The Court has reviewed the October 15, 2014 letters from Defendants General Electric Company, CBS Corporation, and Foster Wheeler, LLC, collectively, and from Defendant John Crane Inc., regarding Plaintiff's October 14, 2014 Notice of Deposition of Plaintiff. As the Defendants' letters indicate, there has been no initial conference in this case, no case management plan, and no significant discovery. Given these factors, and Plaintiffs' failure to obtain the Defendants' consent to the deposition, this Court finds that Plaintiff's Notice is premature and directs that it be withdrawn. SO ORDERED. (Signed by Judge John F. Keenan on 10/16/2014) (ajs)
October 16, 2014 Filing 34 NOTICE OF APPEARANCE by Nancy Loraine Pennie on behalf of Ford Motor Company, Inc.. (Attachments: #1 Affidavit Certification of Service)(Pennie, Nancy)
October 16, 2014 Filing 33 RULE 26 DISCLOSURE.Document filed by Ford Motor Company, Inc.. (Attachments: #1 Affidavit Certification of Service)(Pennie, Nancy)
October 16, 2014 Filing 32 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent State Street Corporation for Ford Motor Company, Inc.. Document filed by Ford Motor Company, Inc.. (Attachments: #1 Affidavit Certification of Service)(Pennie, Nancy)
October 16, 2014 Filing 31 NOTICE OF APPEARANCE by Matthew Evan Endlich on behalf of ABB, Inc.. (Endlich, Matthew)
October 16, 2014 Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Smiths Group for John Crane Inc.. Document filed by John Crane Inc..(Halbardier, Suzanne)
October 16, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Suzanne M. Halbardier to RE-FILE Document #27 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
October 15, 2014 Filing 29 NOTICE OF APPEARANCE by James Michael Kramer on behalf of Ann Devirgilio, Dominic R. Devirgilio. (Attachments: #1 Affidavit Certificate of Service)(Kramer, James)
October 15, 2014 Filing 28 LETTER addressed to Judge John F. Keenan from Suzanne M. Halbardier dated October 15, 2014 re: Objecting to Plaintiff's Deposition Notice. Document filed by John Crane Inc..(Halbardier, Suzanne)
October 15, 2014 Filing 27 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by John Crane Inc..(Halbardier, Suzanne) Modified on 10/16/2014 (lb).
October 15, 2014 Filing 26 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of John Crane Inc.. (Halbardier, Suzanne)
October 15, 2014 Filing 25 LETTER addressed to Judge John F. Keenan from Dennis E. Vega dated October 15, 2014 re: Deposition of Plaintiff. Document filed by CBS Corporation, Foster Wheeler, LLC, General Electric Company. (Attachments: #1 Deposition Notice of Plaintiff)(Vega, Dennis)
October 15, 2014 Filing 24 NOTICE OF APPEARANCE by Dennis Enrique Vega on behalf of CBS Corporation, Foster Wheeler, LLC, General Electric Company. (Vega, Dennis)
October 14, 2014 Filing 23 NOTICE to Take Deposition of Dominick Devirgilio on Tuesday, October 21st, 2014 at 10:00 AM.Document filed by Ann Devirgilio, Dominic R. Devirgilio. (Attachments: #1 Affidavit Certificate of Service- Notice of Deposition of Plaintiff)(Kramer, James)
October 6, 2014 Filing 22 CERTIFICATE OF SERVICE of Amended Certificate of Service served on All parties on 10/6/2014. Service was accepted by James M. Kramer, Esq.. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
October 6, 2014 Filing 21 NOTICE of Notice of Joinder in Removal re: #2 Notice of Removal,. Document filed by CBS Corporation. (Attachments: #1 CBS Corporate Disclosure, #2 CBS Cert of Service of Joinder in Removal)(Okpewho, Afigo)
October 6, 2014 Filing 20 ANSWER to Complaint. Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves).(Cottle, Eric)
October 3, 2014 Filing 19 RULE 26 DISCLOSURE.Document filed by Trane US, Inc..(Pascarella, Lisa)
October 3, 2014 Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ingersoll-Rand Plc (Ireland) for Trane US, Inc.. Document filed by Trane US, Inc..(Pascarella, Lisa)
October 3, 2014 Filing 17 NOTICE OF APPEARANCE by Lisa M. Pascarella on behalf of Trane US, Inc.. (Pascarella, Lisa)
October 3, 2014 Filing 16 RULE 26 DISCLOSURE.Document filed by Ingersoll-Rand Company.(Pascarella, Lisa)
October 3, 2014 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ingersoll-Rand Plc (Ireland) for Ingersoll-Rand Company. Document filed by Ingersoll-Rand Company.(Pascarella, Lisa)
October 3, 2014 Filing 14 NOTICE OF APPEARANCE by Lisa M. Pascarella on behalf of Ingersoll-Rand Company. (Pascarella, Lisa)
October 2, 2014 Filing 13 JOINDER to join re: #2 Notice of Removal, . Document filed by Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Attachments: #1 Affidavit Certificate of Service, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4 Part 1, #6 Exhibit Exhibit 4 Part 2, #7 Exhibit Exhibit 4 Part 3, #8 Exhibit Exhibit 4 Part 4, #9 Exhibit Exhibit 4 Part 5, #10 Exhibit Exhibit 4 Part 6, #11 Exhibit Exhibit 4 Part 7, #12 Exhibit Exhibit 4 Part 8, #13 Exhibit Exhibit 4 Part 9, #14 Exhibit Exhibit 4 Part 10, #15 Exhibit Exhibit 5)(Cottle, Eric)
October 2, 2014 Filing 12 NOTICE OF APPEARANCE by Angela Digiglio on behalf of Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Digiglio, Angela)
October 2, 2014 Filing 11 NOTICE OF APPEARANCE by Tara Lynne Pehush on behalf of Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Pehush, Tara)
October 2, 2014 Filing 10 NOTICE OF APPEARANCE by Eric Randolph Ian Cottle on behalf of Crane Co.(as successor to Pacific Steel Boiler, National US Radiator, and Pacific Valves). (Cottle, Eric)
October 1, 2014 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ampco-Pittsburgh Corporation for Air & Liquid Systems Corporation. Document filed by Air & Liquid Systems Corporation.(Howarth, John)
October 1, 2014 Filing 8 NOTICE OF APPEARANCE by John Samuel Howarth on behalf of Air & Liquid Systems Corporation. (Howarth, John)
September 30, 2014 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IMO Holdings, Inc., Corporate Parent Colfax Fluid Handling LLC, Corporate Parent Colfax Corporation for Imo Industries Inc.. Document filed by Imo Industries Inc..(Giblin, Annmarie)
September 30, 2014 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Colfax Corporation for Warren Pumps LLC. Document filed by Warren Pumps LLC.(Giblin, Annmarie)
September 30, 2014 Filing 5 NOTICE OF APPEARANCE by Annmarie Giblin on behalf of Imo Industries Inc.. (Giblin, Annmarie)
September 30, 2014 Filing 4 NOTICE OF APPEARANCE by Annmarie Giblin on behalf of Warren Pumps LLC. (Giblin, Annmarie)
September 26, 2014 Opinion or Order Filing 3 NOTICE OF A PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 20-C on December 16, 2014 at 11:30 a.m., for a pretrial conference, for the purpose of discussing the status of this case. Please notify your adversary as to the date of this conference. This conference will not be adjourned except by order of the Court. (Initial Conference set for 12/16/2014 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan). (Signed by Judge John F. Keenan on 9/26/2014) (djc) Modified on 9/26/2014 (djc).
September 26, 2014 ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Afigo Okpewho, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (lcu)
September 24, 2014 Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 190311-14. (Filing Fee $ 350.00, Receipt Number 465401105875).Document filed by General Electric Company, Foster Wheeler, LLC. (Attachments: #1 Supplement pt2, #2 Exhibit a, #3 Exhibit b, #4 Exhibit c, #5 Exhibit d, #6 Exhibit e, #7 Exhibit f, #8 Exhibit g, #9 Exhibit h, #10 Exhibit i, #11 Exhibit j, #12 Exhibit k, #13 Exhibit l, #14 Exhibit m)(lcu)
September 24, 2014 Filing 1 CIVIL COVER SHEET filed. (lcu) (moh).
September 24, 2014 Case Designated ECF. (lcu)
September 24, 2014 Magistrate Judge Andrew J. Peck is so designated. (lcu)

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Search for this case: Devirgilio et al v. ABB, Inc. et al
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Defendant: Schneider Electric USA, Inc., formerly known as Square D Company
Represented By: Christopher Patrick Hannan
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Defendant: ABB, Inc.
Represented By: Matthew Evan Endlich
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Defendant: Foster Wheeler, LLC
Represented By: Afigo Ifeoma Okpewho
Represented By: Dennis Enrique Vega
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Defendant: General Electric Company
Represented By: Afigo Ifeoma Okpewho
Represented By: Dennis Enrique Vega
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Defendant: Warren Pumps LLC
Represented By: Annmarie Giblin
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Defendant: Imo Industries Inc.
Represented By: Annmarie Giblin
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Defendant: Air & Liquid Systems Corporation
Represented By: John Samuel Howarth
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Defendant: Crane Co.
Represented By: Angela Digiglio
Represented By: Eric Randolph Ian Cottle
Represented By: Tara Lynne Pehush
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Defendant: Ingersoll-Rand Company
Represented By: Lisa M. Pascarella
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Defendant: Trane US, Inc.
Represented By: Lisa M. Pascarella
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Defendant: CBS Corporation
Represented By: Dennis Enrique Vega
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Defendant: John Crane Inc.
Represented By: Suzanne M. Halbardier
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Defendant: Ford Motor Company, Inc.
Represented By: Nancy Loraine Pennie
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Defendant: Union Carbide Corporation
Represented By: Eric David Statman
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Defendant: Gould Electronics, Inc.
Represented By: Eric David Statman
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Defendant: Elliott Company
Represented By: Stephanie Gamiz
Represented By: Mary Claire Dekar
Represented By: Vivian E Kim
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Defendant: FMC Corporation
Represented By: Christopher Patrick Hannan
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Defendant: Goulds Pumps, Inc.
Represented By: Raghu N Bandlamudi
Represented By: Austin David O'Malley
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Defendant: Hopeman Brothers, Inc.
Represented By: Eric David Statman
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Defendant: Howden North America
Represented By: Austin David O'Malley
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Defendant: Ametek, Inc.
Represented By: Richard P O'Leary
Represented By: Michelle Taylor Castle
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Defendant: Eaton Corporation
Represented By: Robert Michael Gilmartin, JR.,
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Defendant: Rockwell Automation Inc.
Represented By: Joseph P. LaSala
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Defendant: THE NASH ENGINEERING CO., INC.
Represented By: Kerryann Marie Cook
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Defendant: Carrier Corporation
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Defendant: McNally, Industries, Inc.
Represented By: Christopher Patrick Hannan
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Defendant: Square D Company
Represented By: Christopher Patrick Hannan
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Plaintiff: Dominic R. Devirgilio
Represented By: James Michael Kramer
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Plaintiff: Ann Devirgilio
Represented By: James Michael Kramer
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Plaintiff: Dominic R Divirgilio
Represented By: James Michael Kramer
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Plaintiff: Ann Divirgilio
Represented By: James Michael Kramer
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Plaintiff: Michael Divirgilio
Represented By: James Michael Kramer
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Alternative dispute resolution (adr) provider: Gardner Denver, Inc.
Represented By: Katrina Helene Murphy
Represented By: Kevin William Turbert
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