Grimes et al v. CBS Corporation et al
John Grimes, Linda Phelps and Linda F. Phelps |
Foster Wheeler LLC, CBS Corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, CBS Corporation, f/k/a Westinghouse Electric Cororporation, General Electric Company, Crane Co. and CBS Corporation |
1:2017cv08361 |
October 30, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Alison J Nathan |
P.I. : Asbestos |
28 U.S.C. § 1441 as |
Both |
Docket Report
This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
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Filing 62 ORDER granting #60 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/20/2019) (kv) |
Filing 61 REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). This case is to be tried to a jury. All Fact Discovery due by 7/1/2019. All Expert Discovery due by 9/9/2019. Case Management Conference set for 8/30/2019 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 5/21/2019) (kv) |
Set/Reset Deadlines: Fact Discovery due by 7/1/2019. (kv) |
Filing 60 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Nicole M. Kozin dated May 13, 2019. Document filed by Crane Co.. (Attachments: #1 Revised Civil Case Management Plan and Scheduling Order)(Kozin, Nicole) |
Filing 59 ANSWER to #56 Amended Complaint, with JURY DEMAND., CROSSCLAIM against CBS Corporation, Foster Wheeler LLC, General Electric Company. Document filed by Crane Co..(Pehush, Tara) |
Filing 58 REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #57 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). All fact discovery is to be completed no later than May 24, 2019. Depositions shall be completed by May 24, 2019. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 7/26/2019. Expert Witness depositions to be completed by 7/26/2019. Referral to a Magistrate Judge for a settlement conference. The parties seek the above-noted referral at a later date. This case is to be tried to a jury. The next Case Management Conference is scheduled for June 28, 2019 at 3:00 p.m. (Signed by Judge Alison J. Nathan on 3/25/2019) (mro) Modified on 3/26/2019 (mro). |
Set/Reset Deadlines: ( Deposition due by 7/26/2019., Expert Discovery due by 7/26/2019., Fact Discovery due by 5/24/2019.), Set/Reset Hearings:( Case Management Conference set for 6/28/2019 at 03:00 PM before Judge Alison J. Nathan.) (mro) |
Filing 57 SECOND LETTER MOTION for Extension of Time to Complete Discovery from March 25, 2019 to May 24, 2019 addressed to Judge Alison J. Nathan from Nicole M. Kozin dated March 20, 2019. Document filed by Crane Co.. (Attachments: #1 Revised Civil Case Management Plan and Scheduling Order)(Kozin, Nicole) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel John Woodard. The party information for the following party/parties has been modified: Linda F. Phelps, As Administratix of the Estate of John J. Grimes, deceased. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
Filing 56 SECOND AMENDED COMPLAINT amending #55 Amended Complaint, against CBS Corporation, Crane Co., Foster Wheeler LLC, General Electric Company with JURY DEMAND.Document filed by Linda F. Phelps, As Administratix of the Estate of John J. Grimes, deceased. Related document: #55 Amended Complaint,.(Woodard, Daniel) Modified on 3/20/2019 (pc). |
ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Linda Phelps, As Administratix of the Estate of John J. Grimes, deceased added. Party added pursuant to #55 Amended Complaint,.Document filed by Linda Phelps, As Administratix of the Estate of John J. Grimes, deceased. Related document: #55 Amended Complaint,.(Woodard, Daniel) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel John Woodard to RE-FILE re: Document No. #55 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; Add Linda F. Phelps to CM ECF with the party text "As Administratix of the Estate of John J. Grimes, deceased". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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) |
Filing 55 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT against CBS Corporation, Crane Co., Foster Wheeler LLC, General Electric Company with JURY DEMAND.Document filed by Linda Phelps, John Grimes.(Woodard, Daniel) Modified on 3/19/2019 (pc). |
Filing 54 ORDER granting #47 Motion to Amend/Correct. Plaintiff's motion to amend is hereby granted. This resolves Dkt. No. 47. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/15/2019) (kv) |
Filing 53 JOINT LETTER addressed to Judge Alison J. Nathan from Nicole M. Kozin dated January 15, 2019 re: Proposed Amended Complaint. Document filed by Crane Co..(Kozin, Nicole) |
Filing 52 ORDER: The Court is in receipt of Plaintiff's motion to amend its complaint in light of the death of Mr. Grimes. Dkt. No. 47. On or before January 15, 2019, Defendants shall put in a letter indicating whether they consent to Plaintiff's proposed amendments. (Signed by Judge Alison J. Nathan on 1/10/2019) (cf) |
Filing 51 ORDER granting #50 Letter Motion for Extension of Time. The parties' request to extend the deadline for fact discovery to March 25, 2019, is hereby granted. The conference currently scheduled for February 15, 2019, is adjourned to May 3, 2019, at 3:30 p.m. The parties shall submit a letter on or before April 26, 2019, stating whether they seek referral to a magistrate judge for settlement. (Signed by Judge Alison J. Nathan on 1/10/2019) (cf) |
Set/Reset Deadlines: (Fact Discovery due by 3/25/2019.), Set/Reset Hearings:(Case Management Conference set for 5/3/2019 at 03:30 PM before Judge Alison J. Nathan.) (cf) |
Filing 50 JOINT LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Nicole M> Kozin dated January 9, 2019. Document filed by Crane Co..(Kozin, Nicole) |
Filing 49 MEMORANDUM OF LAW in Support re: #47 FIRST MOTION to Amend/Correct First Amended Complaint. . Document filed by John Grimes, Linda Phelps. (Woodard, Daniel) |
Filing 48 DECLARATION of Daniel J. Woodard in Support re: #47 FIRST MOTION to Amend/Correct First Amended Complaint.. Document filed by John Grimes, Linda Phelps. (Attachments: #1 Exhibit A - Letters of Administration, #2 Exhibit Exhibit B - First Amended Complaint, #3 Exhibit Exhibit C - Defendants FW and GE's Notice of Removal, #4 Exhibit Exhibit D - Second Amended Complaint)(Woodard, Daniel) |
Filing 47 FIRST MOTION to Amend/Correct First Amended Complaint. Document filed by John Grimes, Linda Phelps.(Woodard, Daniel) |
Filing 46 ORDER denying #41 Motion to Stay. Foster Wheeler's motion to stay is therefore DENIED. The parties are advised that they may provide the Court with further briefing on the impact, if any, of the Supreme Court's opinion in De Vries once that opinion has been released. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 1/7/2019) (cf) |
Filing 45 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Stay . . Document filed by Foster Wheeler LLC. (Attachments: #1 Affidavit)(Vega, Dennis) |
Filing 44 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Stay . . Document filed by John Grimes, Linda Phelps. (Woodard, Daniel) |
Filing 43 DECLARATION of Daniel J. Woodard in Opposition re: #41 MOTION to Stay .. Document filed by John Grimes, Linda Phelps. (Attachments: #1 Exhibit Exhibit A - John Grimes Amended Summons and Complaint, #2 Exhibit Exhibit B - Relevant Portions of Deposition of John J. Grimes, #3 Exhibit Exhibit C - Plaintiff's Memorandum of Law, McAfee, #4 Exhibit Exhibit D - Plaintiffs' Consolidated Statement of Undisputed Facts, Hammel)(Woodard, Daniel) |
Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Stay . . Document filed by Foster Wheeler LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Vega, Dennis) |
Filing 41 MOTION to Stay . Document filed by Foster Wheeler LLC.(Vega, Dennis) |
Initial Pre trial Conference held. Case Management Plan entered. See transcript for complete details. (Court Reporter Steven Greenblum) (qs) |
Filing 40 NOTICE OF APPEARANCE by Robert Michael Gilmartin, JR on behalf of CBS Corporation, Foster Wheeler LLC, General Electric Company. (Gilmartin, Robert) |
Filing 39 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). All fact discovery is to be completed no later than 1/11/2019. Deposition due by 1/11/2019. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 2/25/2019. This case is to be tried to a jury. Case Management Conference set for 2/15/2019 at 02:30 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 9/14/2018) (mro) (mro) |
Filing 38 ORDER: Due to the Court's calendar, the initial pretrial conference presently scheduled for September 14, 2018 at 3:45 p.m. is hereby adjourned to September 14, 2018, at 4:00 p.m. SO ORDERED. (Initial Conference set for 9/14/2018 at 04:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 9/12/2018) (jca) |
Filing 37 PROPOSED CASE MANAGEMENT PLAN. Document filed by John Grimes, Linda Phelps. (Woodard, Daniel) |
Filing 36 LETTER addressed to Judge Alison J. Nathan from BRENDAN J. TULLY dated 9/7/2018 re: Initial Pretrial Conference - Joint Letter. Document filed by John Grimes, Linda Phelps.(Woodard, Daniel) |
Filing 35 NOTICE OF CHANGE OF ADDRESS by Dennis Enrique tabentabnebauVega on behalf of CBS Corporation, Foster Wheeler LLC, General Electric Company. New Address: Tanenbaum Keale LLP, Three Gateway Center, 100 Mulberry Street, Suite 1301, Newark, NJ, United States 07102, 9732420002. (tabentabnebauVega, Dennis) |
Filing 34 NOTICE OF CHANGE OF ADDRESS by Michael Alan Tanenbaum on behalf of Foster Wheeler LLC, General Electric Company. New Address: Tanenbaum Keale LLP, Three Gateway Center, 100 Mulberry Street, Suite 1301, Newark, NJ, United States 07102, 9732420002. (Tanenbaum, Michael) |
Filing 33 NOTICE OF CHANGE OF ADDRESS by Afigo Ifeoma Okpewho on behalf of Foster Wheeler LLC, General Electric Company. New Address: Tanenbaum Keale LLP, Three Gateway Center, 100 Mulberry Street, Suite 1301, Newark, NJ, United States 07102, 9732420002. (Okpewho, Afigo) |
Filing 32 ORDER granting #31 Letter Motion to Adjourn Conference. The initial pretrial conference presently scheduled for August 10, 2018, is hereby adjourned to September 14, 2018, at 3:45 pm. The materials described in docket No. 19 are due seven days before the conference. So Ordered. Initial Conference set for 9/14/2018 at 03:45 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 8/1/2018) (js) |
Filing 31 FOURTH LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Daniel J. Woodard dated August 1, 2018. Document filed by John Grimes, Linda Phelps.(Woodard, Daniel) |
Filing 30 ANSWER to Complaint., CROSSCLAIM against CBS Corporation, Foster Wheeler LLC, General Electric Company. Document filed by Crane Co..(Pehush, Tara) |
Filing 29 MEMORANDUM OPINION & ORDER re: #7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19. filed by Crane Co. Defendant Crane Co. ("Crane") moves to require joinder of necessary parties under Rule I 9. See Dkt. No. 7. (As further set forth in this Order.) For the foregoing reasons, the motion for joinder is denied. This resolves Docket Number 7. The initial pretrial conference remains scheduled for August 10, 2018. (Signed by Judge Alison J. Nathan on 6/21/2018) (cf) |
Filing 28 ORDER granting #27 Letter Motion to Adjourn Conference. The initial pretrial conference is hereby adjourned to August 10, 2018 at 3:45pm. Initial Conference set for 8/10/2018 at 03:45 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 6/20/2018) (cf) |
Filing 27 THIRD LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Daniel J. Woodard dated 06/20/2018. Document filed by John Grimes, Linda Phelps.(Woodard, Daniel) |
Filing 26 LETTER addressed to Judge Alison J. Nathan from Nicole M. Kozin dated April 20, 2018 re: outstanding motion. Document filed by Crane Co..(Kozin, Nicole) |
Filing 25 ORDER granting #24 Letter Motion to Adjourn Conference. The initial pretrial conference presently scheduled for April 27, 2018, is hereby adjourned to July 6, 2018, at 3:15pm. The materials described at Docket Number 19 are due seven days before the conference. SO ORDERED. Initial Conference set for 7/6/2018 at 03:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 4/11/2018) (mml) |
Filing 24 LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Daniel J. Woodard dated 4.11.18. Document filed by John Grimes, Linda Phelps.(Woodard, Daniel) |
Filing 23 ORDER granting #22 Letter Motion to Adjourn Conference. The conference presently scheduled for February 16, 2018, is hereby adjourned to April 27, 2018, at 4:00pm. SO ORDERED. (Initial Conference set for 4/27/2018 at 04:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 2/8/18) (yv) |
Filing 22 LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Brendan J. Tully dated February 7, 2018. Document filed by John Grimes, Linda Phelps.(Tully, Brendan) |
Filing 21 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19. . Document filed by Crane Co.. (Pehush, Tara) |
Filing 20 NOTICE OF APPEARANCE by Michael Alan Tanenbaum on behalf of Foster Wheeler LLC, General Electric Company. (Tanenbaum, Michael) |
Filing 19 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/16/2018 at 3:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan, and as further set forth in this order. (Signed by Judge Alison J. Nathan on 12/7/2017) (ap) |
Filing 18 MEMORANDUM OF LAW in Opposition re: #7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19. . Document filed by John Grimes, Linda Phelps. (Woodard, Daniel) |
Filing 17 DECLARATION of Daniel J. Woodard in Opposition re: #7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19.. Document filed by John Grimes, Linda Phelps. (Attachments: #1 Exhibit A)(Woodard, Daniel) |
Filing 16 ANSWER to Complaint with JURY DEMAND. Document filed by CBS Corporation.(Vega, Dennis) |
Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CBS Corporation, Corporate Parent GAMCO Investors, Inc., Other Affiliate Westinghouse Electric Corporation, Other Affiliate Viacom Inc., Other Affiliate NAI Entertainment Holdings LLC for CBS Corporation. Document filed by CBS Corporation.(Vega, Dennis) |
Filing 14 NOTICE OF APPEARANCE by Daniel John Woodard on behalf of John Grimes, Linda Phelps. (Woodard, Daniel) |
Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crane Co..(Pehush, Tara) |
Filing 12 NOTICE OF APPEARANCE by David Oxamendi on behalf of Crane Co.. (Oxamendi, David) |
Filing 11 NOTICE OF APPEARANCE by Nicole Melody Kozin on behalf of Crane Co.. (Kozin, Nicole) |
Filing 10 NOTICE OF APPEARANCE by Tara Lynne Pehush on behalf of Crane Co.. (Pehush, Tara) |
Filing 9 MEMORANDUM OF LAW in Support re: #7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19. . Document filed by Crane Co.. (Pehush, Tara) |
Filing 8 DECLARATION of TARA L. PEHUSH in Support re: #7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19.. Document filed by Crane Co.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pehush, Tara) |
Filing 7 MOTION for Joinder / NOTICE OF DEFENDANT CRANE CO.S MOTION TO REQUIRE JOINDER OF NECESSARY PARTIES UNDER RULE 19. Document filed by Crane Co..(Pehush, Tara) |
Filing 6 JOINDER to join re: #1 Notice of Removal,,,, /DEFENDANT CRANE CO.S NOTICE OF JOINDER OF REMOVAL. Document filed by Crane Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Part 1), #5 Exhibit 4 (Part 2), #6 Exhibit 4 (Part 3), #7 Exhibit 4 (Part 4), #8 Exhibit 4 (Part 5), #9 Exhibit 4 (Part 6), #10 Exhibit 4 (Part 7), #11 Exhibit 4 (Part 8), #12 Exhibit 4 (Part 9), #13 Exhibit 5 (Part 1), #14 Exhibit 5 (Part 2), #15 Exhibit 5 (Part 3), #16 Exhibit 5 (Part 4), #17 Exhibit 5 (Part 5), #18 Exhibit 5 (Part 6))(Pehush, Tara) |
Filing 5 NOTICE OF APPEARANCE by Brendan James Tully on behalf of John Grimes, Linda Phelps. (Tully, Brendan) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dennis Enrique Vega. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) Modified on 10/31/2017 (pc). |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf) |
Case Designated ECF. (vf) |
Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent John Wood Group Plc (Scotland), Other Affiliate Foster Wheeler LLC, Other Affiliate Foster Wheeler Energy Corporation for Foster Wheeler LLC. Document filed by Foster Wheeler LLC.(Vega, Dennis) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent General Electric Company for General Electric Company. Document filed by General Electric Company.(Vega, Dennis) |
Filing 2 CIVIL COVER SHEET filed. (Vega, Dennis) |
Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 190292/2017. (Filing Fee $ 400.00, Receipt Number 0208-14304613).Document filed by Foster Wheeler LLC, General Electric Company. (Attachments: #1 Ex A Summons and Complaint index number 190292_2017_filed on Oct 3 2017, #2 Ex B Summons and Complaint_index no_190291_2017_filed Oct 3 2017, #3 Ex C Grimes John Amended Interrogatories_Redacted, #4 Ex D Schroppe affidavit Dec 18 2009, #5 Ex E Hobson January 28, 2008, #6 Ex F Betts Affidavit 020905, #7 Ex G Betts Affidavit Sept 27 2006, #8 Betts Exhibits_Part1, #9 Betts Exhibits_Part2, #10 Betts Exhibits_Part3, #11 Betts Exhibits_Part4, #12 Betts Exhibits_Part5, #13 Betts Exhibits_Part6, #14 Betts Exhibits_Part7, #15 Betts Exhibits_Part8, #16 Betts Exhibits_Part9, #17 Betts Exhibits_Part10, #18 Betts Exhibits_Part11, #19 Cert of Service, #20 Service List, #21 Notice of Notice of Removal to Adverse Party, #22 Notice of Notice of Removal to State Court)(Vega, Dennis) |
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