Keating, Jr. v. Air & Liquid Systems Corporation et al
| FRANCIS J. KEATING and Francis J. Keating, Jr. |
| Foster Wheeler, LLC, Gardner Denver, Inc., Industry Products Co., Ingersoll-Rand Company, Crane Co., Warren Pumps LLC, Syracuse Supply Company, Atwood & Morrill Co., Inc., General Electric Company, Aurora Pump Company, R.E. Hebert & Company, John Crane Inc., SPX Cooling Technologies, Inc., Goulds Pumps Inc., Johnson Controls, Inc., Air & Liquid Systems Corporation ind. and as suc. to Successor by Merger to Buffalo Pumps, Inc., Tecumseh Products Company LLC, Armstrong International, Inc., Trane U.S. Inc., DCo LLC, Elliot Company, Carrier Corporation, Falk Corporation, The Nash Engineering Company, York International, CBS Corporation f/k/a Viacom, Inc., successor-by-merger to CBS Corporation f/k/a Westinghouse Electric Corporation, Rochester Industrial Insulation, Union Carbide Corporation, FMC Corporation (Individually and as Successor to Northern Pump), Copeland Corporation LLC, IMO Industries, Inc., Spirax Sarco, Inc., Air & Liquid Systems Corporation, SPX Cooling Technologies, Inc., individually and as successor to Marley Cooling Technologies, Inc. and The Marley Cooling Tower Company, Rochester Industrial Insulation Spirax Sarco, Inc., FMC Corporation, Johnson Controls, Inc., individually and as successor to Kieley & Mueller, Inc. and CBS Corporation |
| 1:2018cv12258 |
| December 27, 2018 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| P.I. : Asbestos |
| 28:1442nr |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Wayne Dean to RE-FILE Document #61 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were 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) one party name at a time. (lb) |
| Filing 63 AFFIRMATION of Keith Binder in Support re: #32 FIRST MOTION to Remand to State Court .. Document filed by Francis J. Keating, Jr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Binder, Keith) |
| Filing 62 MEMORANDUM OF LAW in Support re: #32 FIRST MOTION to Remand to State Court . . Document filed by Francis J. Keating, Jr.. (Attachments: #1 Certificate of Service)(Binder, Keith) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Keith Binder to RE-FILE Document #33 FIRST MOTION to Remand to State Court . Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #32 Motion. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Keith Binder to RE-FILE Document #32 FIRST MOTION to Remand to State Court . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #32 Motion. (db) |
| Filing 61 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Gardner Denver Holdings, Inc. for Gardner Denver, Inc.. Document filed by Gardner Denver, Inc..(Dean, Andrew) Modified on 2/8/2019 (lb). |
| Filing 60 NOTICE OF APPEARANCE by Andrew Wayne Dean on behalf of Gardner Denver, Inc.. (Dean, Andrew) |
| Filing 59 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) |
| Filing 58 FIRST MEMORANDUM OF LAW in Opposition re: #32 FIRST MOTION to Remand to State Court ., #33 FIRST MOTION to Remand to State Court ., #31 FIRST MOTION to Remand to State Court . . Document filed by Aurora Pump Company. (Attachments: #1 Affidavit Declaration of Andrew J. Wells, #2 Exhibit (A) Complaint, #3 Exhibit (B) Levy Konigsberg's Standard Complaint, #4 Exhibit (C) Filed Answer, #5 Exhibit (D) Rogs, #6 Exhibit (E) Plaintiff's Amended Rogs, #7 Exhibit (F) E-Filed SDNY Notice of Appearance, #8 Exhibit (G) Deposition Transcript of Plaintiff (Vol. 1), #9 Exhibit (G) Deposition Transcript of Plaintiff (Vol. 2), #10 Exhibit (H) Request for USJM Dismissal, #11 Exhibit (I) Inflammatory E-mail from Plaintiff's Counsel, #12 Exhibit (J) Plaintiff's Initial Fact Sheet)(Wells, Andrew) |
| Filing 57 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Emerson Electric Co. for Copeland Corporation LLC. Document filed by Copeland Corporation LLC.(Lesser, Leonard) |
| Filing 56 NOTICE OF APPEARANCE by Leonard Frederick Lesser on behalf of Copeland Corporation LLC. (Lesser, Leonard) |
| Filing 55 NOTICE OF APPEARANCE by Mark Dennis Debrowski on behalf of Tecumseh Products Company LLC. (Debrowski, Mark) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Samuel Howarth to RE-FILE Document #54 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) |
| Filing 54 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Air & Liquid Systems Corporation.(Howarth, John) Modified on 1/29/2019 (lb). |
| Filing 53 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation. Document filed by Union Carbide Corporation.(Statman, Eric) |
| Filing 52 NOTICE OF APPEARANCE by Eric David Statman on behalf of Union Carbide Corporation. (Statman, Eric) |
| Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Enstar Holdings (US) Inc. for DCo LLC. Document filed by DCo LLC.(Statman, Eric) |
| Filing 50 NOTICE OF APPEARANCE by Eric David Statman on behalf of DCo LLC. (Statman, Eric) |
| Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ebara Corporation, Corporate Parent Elliot Group Holdings, Inc. for Elliot Company. Document filed by Elliot Company.(Elkins, Patrick) |
| Filing 48 NOTICE OF APPEARANCE by Patrick Kenneth-Allen Elkins on behalf of Elliot Company. (Elkins, Patrick) |
| Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson Controls International plc for Johnson Controls, Inc.. Document filed by Johnson Controls, Inc..(Elkins, Patrick) |
| Filing 46 NOTICE OF APPEARANCE by Patrick Kenneth-Allen Elkins on behalf of Johnson Controls, Inc.. (Elkins, Patrick) |
| Filing 45 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson Controls International plc for York International. Document filed by York International.(Elkins, Patrick) |
| Filing 44 NOTICE OF APPEARANCE by Patrick Kenneth-Allen Elkins on behalf of York International. (Elkins, Patrick) |
| Filing 43 NOTICE OF APPEARANCE by Patrick Kenneth-Allen Elkins on behalf of Johnson Controls, Inc.. (Elkins, Patrick) |
| Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Technologies Corp., Other Affiliate Bryant Heating & Cooling for Carrier Corporation. Document filed by Carrier Corporation.(Squitieri, Virginia) |
| Filing 41 NOTICE OF APPEARANCE by Virginia Paula Squitieri on behalf of Carrier Corporation. (Squitieri, Virginia) |
| Filing 40 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..(Goodearl, David) |
| Filing 39 NOTICE OF APPEARANCE by David James Goodearl on behalf of IMO Industries, Inc.. (Goodearl, David) |
| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Colfax Corporation for Warren Pumps LLC. Document filed by Warren Pumps LLC.(Goodearl, David) |
| Filing 37 NOTICE OF APPEARANCE by David James Goodearl on behalf of Warren Pumps LLC. (Goodearl, David) |
| Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SPX Corporation for SPX Cooling Technologies, Inc., individually and as successor to Marley Cooling Technologies, Inc. and The Marley Cooling Tower Company. Document filed by SPX Cooling Technologies, Inc., individually and as successor to Marley Cooling Technologies, Inc. and The Marley Cooling Tower Company.(Halbardier, Suzanne) |
| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sarco International Corporation, Corporate Parent Spirax-Sarco Investments Ltd., Corporate Parent Spirax-Sarco Engineering, PLC for Spirax Sarco, Inc.. Document filed by Spirax Sarco, Inc..(Hodges, Kelly) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice 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) |
| Filing 34 NOTICE OF APPEARANCE by Keith Binder on behalf of Francis J. Keating, Jr.. (Binder, Keith) |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Remand to State Court . Document filed by Francis J. Keating, Jr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Binder, Keith) Modified on 2/7/2019 (db). |
| Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Remand to State Court . Document filed by Francis J. Keating, Jr.. (Attachments: #1 Certificate of Service)(Binder, Keith) Modified on 2/7/2019 (db). |
| Filing 31 FIRST MOTION to Remand to State Court . Document filed by Francis J. Keating, Jr..(Binder, Keith) |
| Filing 30 NOTICE OF APPEARANCE by John Samuel Howarth on behalf of Air & Liquid Systems Corporation. (Howarth, John) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rochester Industrial Insulation Spirax Sarco, Inc.. (Attachments: #1 Certificate of Service)(Hull, Ronald) |
| Filing 28 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of SPX Cooling Technologies, Inc., individually and as successor to Marley Cooling Technologies, Inc. and The Marley Cooling Tower Company. (Halbardier, Suzanne) |
| Filing 27 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SPX Cooling Technologies, Inc., individually and as successor to Marley Cooling Technologies, Inc. and The Marley Cooling Tower Company.(Halbardier, Suzanne) Modified on 1/25/2019 (lb). |
| Filing 26 NOTICE OF APPEARANCE by Ronald George Hull on behalf of Rochester Industrial Insulation Spirax Sarco, Inc.. (Attachments: #1 Certificate of Service)(Hull, Ronald) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Industry Products Co..(Cook, Kerryann) |
| Filing 24 NOTICE OF APPEARANCE by Kerryann Marie Cook on behalf of Industry Products Co.. (Cook, Kerryann) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Armstrong International, Inc..(Cook, Kerryann) |
| Filing 22 NOTICE OF APPEARANCE by Kerryann Marie Cook on behalf of Armstrong International, Inc.. (Cook, Kerryann) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Nash Engineering Company.(Cook, Kerryann) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Falk Corporation.(Cook, Kerryann) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atwood & Morrill Co., Inc..(Cook, Kerryann) |
| Filing 18 NOTICE OF APPEARANCE by Kerryann Marie Cook on behalf of Falk Corporation. (Cook, Kerryann) |
| Filing 17 NOTICE OF APPEARANCE by Kerryann Marie Cook on behalf of The Nash Engineering Company. (Cook, Kerryann) |
| Filing 16 NOTICE OF APPEARANCE by Kerryann Marie Cook on behalf of Atwood & Morrill Co., Inc.. (Cook, Kerryann) |
| Filing 15 NOTICE OF APPEARANCE by Kelly Ann Hodges on behalf of Spirax Sarco, Inc.. (Hodges, Kelly) |
| Filing 14 NOTICE OF APPEARANCE by George Stephen Hodges on behalf of Spirax Sarco, Inc.. (Hodges, George) |
| Filing 13 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of John Crane Inc.. (Halbardier, Suzanne) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Smiths Group. for John Crane Inc.. Document filed by John Crane Inc..(Halbardier, Suzanne) |
| Filing 11 CERTIFICATE OF SERVICE. Document filed by Aurora Pump Company. (Attachments: #1 Exhibit Judge Oetken's Order, #2 Exhibit Service List)(Wells, Andrew) |
| Filing 10 NOTICE OF APPEARANCE by Sarah Ruth Haag-Fisk on behalf of Aurora Pump Company. (Haag-Fisk, Sarah) |
| Filing 9 NOTICE OF APPEARANCE by Erich Gleber on behalf of Aurora Pump Company. (Gleber, Erich) |
| Filing 8 RULE 26 DISCLOSURE.Document filed by Trane U.S. Inc..(Pascarella, Lisa) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ingersoll-Rand Plc (Ireland) for Trane U.S. Inc.. Document filed by Trane U.S. Inc..(Pascarella, Lisa) |
| Filing 6 NOTICE OF APPEARANCE by Lisa M. Pascarella on behalf of Trane U.S. Inc.. (Pascarella, Lisa) |
Filing 5
ORDER: This case was removed from New York Supreme Court, New York County, on December 27, 2018. Counsel for the plaintiff and for the non-removing defendants are directed to file an appearance with this Court no later than January 29, 2019. Counsel for Defendant Aurora Pump Company shall serve a copy of this order on counsel for the plaintiff and the non-removing defendants by January 22, 2019. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/08/2019) (ama)
|
| ADD PARTY FOR PLEADING. Defendants/Respondents Francis J. Keating, Jr., SPX Cooling Technologies, Inc., individually and as successor to Marley Cooling Technologies, Inc. and The Marley Cooling Tower Company, Johnson Controls, Inc., individually and as successor to Kieley & Mueller, Inc. added. Party added pursuant to #1 Notice of Removal,,.Document filed by Aurora Pump Company. Related document: #1 Notice of Removal,,.(Wells, Andrew) |
| Case Designated ECF. (pc) |
| Magistrate Judge James L. Cott 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew John Wells re: Document No. #1 Notice of Removal,,. The filing is deficient for the following reason(s): Add Johnson Controls, Inc. and SPX Cooling Technologies, Inc. to CM ECF a second time under the other capacities listed on the Notice of Removal caption title (eg as successor) in the party text box for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew John Wells. The party information for the following party/parties has been modified: FRANCIS J. KEATING, Air & Liquid Systems Corporation ind. and as suc. to Successor by Merger to Buffalo Pumps, Inc., CBS Corporation f/k/a Viacom, Inc., successor-by-merger to CBS Corporation f/k/a Westinghouse Electric Corporation, FMC Corporation (Individually and as Successor to Northern Pump), Johnson Controls, Inc., Rochester Industrial Insulation, Foster Wheeler, LLC, DCo LLC, Trane U.S., SPX Cooling Technologies, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew John Wells. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1442nr;. (pc) |
| Filing 4 CERTIFICATE OF SERVICE. Document filed by Aurora Pump Company. (Attachments: #1 Affidavit Filed Notice to State Court of Notice of Removal, #2 Exhibit Filed Exhibit A to Notice to State Court of Notice of Removal, #3 Affidavit Filed Notice of Notice of Removal to Adversary)(Wells, Andrew) |
| Civil Case Opening Fee Payment: for #1 Notice of Removal,,. Filing fee $ 400.00, receipt number ANYSDC-16115111.(Wells, Andrew) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Andrew John Wells. Civil Case Opening Fee of $400 Due: for #1 Notice of Removal,,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 1/2/2019. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aurora Pump Company.(Wells, Andrew) |
| Filing 2 CIVIL COVER SHEET filed. (Wells, Andrew) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 190384/2018..Document filed by Aurora Pump Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Affidavit, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G1, #15 Exhibit G2, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Exhibit L, #21 Exhibit M, #22 Exhibit N, #23 Exhibit O, #24 Exhibit P, #25 Exhibit Q, #26 Exhibit R, #27 Exhibit S, #28 Exhibit T, #29 Exhibit U, #30 Exhibit V)(Wells, Andrew) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
