Nocelli et al v. Kaiser Gypsum Company, Inc.
| Mrs. Anna Nocelli, Guido Nocelli and Anna Nocelli |
| KAISER GYPSUM COMPANY, INC., Fidelity Capital Inc., Weyerhauser Corporation, Lehrer McGovern/Lehrer LLC, Ransom & Randolph Company, Clark Construction Group, LLC, Walsh Construction Company, Giamboi Bros, Inc., Georgia-Pacific Corporation, Metropolitan Life Insurance Company, Turner Construction Company, Mario DiBono Plastering Co. Inc, Basic, Inc, Atkinson/Walsh Estate, Pfizer, Inc, Algoma Hardwoods, Inc., Homasote Company, Inc., Jelenko Alloys, Certain-Teed Corporation, Tyco Flow Control, Inc., Honeywell International, Inc., Morse Diesel, Inc, Grinnell Corporation, American Biltrite, Inc., Rheem Manufacturing Corp., Probuild Holdings LLC, Builders Firstsource - Northeast Group, LLC, Feldman Lumber Co., Inc., Builders Firstsource, Inc., Conwed Corporation, A.O. Smith Water Products, Dap, Inc., International Paper Company, Kerr Corporation, Probuild Company LLC, Mannington Mills, Inc., Strober Building Supply, LLC, Bird Incorporated, Giamboi and Sons, Inc, Burnham Corporation, Strober Organization, Inc. (THE), Peerless Industries, Inc., Tyco International (US) Inc., J.&J. Giamboi Plastering Inc., Domco Products Texas, Inc., Union Carbide Corporation, CBS Corporation, Whip Mix Corporation, Giamboi Plastering Corp., Weil McLain, Bird & Son, Inc., AlliedSignal, Inc., Wood Conversion Company, Domco Products Texas, Inc. as successor to Azrock Industries, Inc doing business as Tarkett, Stober Building Supply Inc., Hammermill Paper Co. and Viacom Inc, Successor by merger to CBS Corporation, a Pennsylvania Corporation, f |
| 1:2019cv01980 |
| March 1, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.
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Filing 26
TRANSCRIPT of Proceedings re: ARGUMENT held on 1/14/2020 before Judge Ronnie Abrams. Court Reporter/Transcriber: Pamela Utter, (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 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020..(McGuirk, Kelly)
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Filing 25
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Plaintiffs' motion to remand this case is GRANTED. Plaintiffs' request for attorneys' fees is DENIED. The Clerk of Court is respectfully directed to terminate the motions pending at docket entry 10 and remand this case to state court. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/15/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E532210027981 on 1/15/2020. (jca)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 1/14/2020 re: #10 MOTION to Remand to State Court filed by Anna Nocelli, Guido Nocelli. (Court Reporter Pam Utter) (arc)
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Filing 24
NOTICE of SUPPLEMENTAL AUTHORITIES IN FURTHER SUPPORT OF REMAND re: #10 MOTION to Remand to State Court .. Document filed by Anna Nocelli, Guido Nocelli. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dymond, Seth)
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Filing 23
NOTICE of of Supplemental Authorities re: #10 MOTION to Remand to State Court .. Document filed by Kaiser Gypsum Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parseghian, Berj)
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Filing 22
ORDER granting #21 Letter Motion to Adjourn Conference. Application granted. Oral argument is adjourned to January 14, 2020 at 11 A.M. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/3/2020) Oral Argument set for 1/14/2020 at 11:00 AM before Judge Ronnie Abrams. (ks)
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Filing 21
LETTER MOTION to Adjourn Conference , oral argument of Plaintiffs' Motion to Remand, addressed to Judge Ronnie Abrams from Berj K. Parseghian dated January 3, 2020. Document filed by Kaiser Gypsum Company, Inc..(Parseghian, Berj)
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Filing 20
ORDER granting #17 LETTER MOTION for Oral Argument re Plaintiffs' Motion to Remand. Application granted. The parties shall appear for oral argument on January 9, 2020 at 2 P.M. at 40 Foley Square, Courtroom 1506. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/2/2020) (jca)
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Set/Reset Hearings: Oral Argument set for 1/9/2020 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (jca)
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| Filing 19 CERTIFICATE OF SERVICE of Reply Memo of Law in Further Support of Motion to Remand served on Kaiser Gypsum, Inc. on 04/09/2019. Document filed by Anna Nocelli, Guido Nocelli. (Dymond, Seth) |
| Filing 18 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Remand to State Court ., #17 LETTER MOTION for Oral Argument re Plaintiffs' Motion to Remand addressed to Judge Ronnie Abrams from Berj K. Parseghian dated 04/05/2019. . Document filed by Anna Nocelli, Guido Nocelli. (Dymond, Seth) |
| Filing 17 LETTER MOTION for Oral Argument re Plaintiffs' Motion to Remand addressed to Judge Ronnie Abrams from Berj K. Parseghian dated 04/05/2019. Document filed by Kaiser Gypsum Company, Inc..(Parseghian, Berj) |
| Filing 16 RESPONSE in Opposition to Motion re: #10 MOTION to Remand to State Court . Evidentiary Objections to the Declaration of Seth A. Dymond. Document filed by Kaiser Gypsum Company, Inc.. (Parseghian, Berj) |
| Filing 15 MEMORANDUM OF LAW in Opposition re: #10 MOTION to Remand to State Court . . Document filed by Kaiser Gypsum Company, Inc.. (Parseghian, Berj) |
| Filing 14 NOTICE OF APPEARANCE by Berj Khoren Parseghian on behalf of Kaiser Gypsum Company, Inc.. (Parseghian, Berj) |
| Filing 13 CERTIFICATE OF SERVICE of Motion to Remand to State Court served on Kaiser Gypsum, Inc. on 03/22/2019. Service was made by Overnight Mail. Document filed by Anna Nocelli, Guido Nocelli. (Dymond, Seth) |
| Filing 12 DECLARATION of Seth A. Dymond in Support re: #10 MOTION to Remand to State Court .. Document filed by Anna Nocelli, Guido Nocelli. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Extremis Order, #3 Exhibit C - International Paper NYS DOS Entity Info, #4 Exhibit D - Union Carbide NYS DOS Entity Info, #5 Exhibit E - Kaiser Bankruptcy Petition, #6 Exhibit F - excerpts of Guido Nocelli EBT, #7 Exhibit G - Weldwood Brochure, #8 Exhibit H - excerpts of International Paper interrogatory responses, #9 Exhibit I - Acknowledgement of Service from Union Carbide, #10 Exhibit J - Lift Stay hearing notice, #11 Exhibit K - Lift Stay Order, #12 Exhibit L - State Appearance Docket, #13 Exhibit M - Plaintiff Bankruptcy Acknowledgement and Release, #14 Exhibit N - Third Amended Complaint, #15 Exhibit O - State trial decision in Cifuentes v AO Smith)(Dymond, Seth) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Remand to State Court . . Document filed by Anna Nocelli, Guido Nocelli. (Dymond, Seth) |
| Filing 10 MOTION to Remand to State Court . Document filed by Anna Nocelli, Guido Nocelli.(Dymond, Seth) |
| Filing 9 NOTICE OF APPEARANCE by Seth Andrew Dymond on behalf of Anna Nocelli, Guido Nocelli. (Dymond, Seth) |
| Filing 8 AMENDED NOTICE OF REMOVAL against Anna Nocelli, Guido Nocelli; amending #2 Notice of Removal,.Document filed by Kaiser Gypsum Company, Inc.. Related document: #2 Notice of Removal,. (Attachments: #1 Exhibit Exhibit A - Kaiser Summons and Complaint, #2 Exhibit Exhibit B - Notice of Service, #3 Exhibit Exhibit C - Plaintiffs' Initial Complaint, #4 Exhibit Exhibit D - Plaintiffs' Case Marked Disposed, #5 Exhibit Exhibit E - Plaintiffs' Case Settled Before Trial, #6 Affidavit Certification of Service)(Cunningham, Troy) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Atkinson/Walsh Estate, Builders Firstsource - Northeast Group, LLC, Builders Firstsource, Inc., Clark Construction Group, LLC, Domco Products Texas, Inc., Fidelity Capital Inc., Georgia-Pacific Corporation, Honeywell International, Inc., International Paper Company, Probuild Company LLC, Probuild Holdings LLC, Pfizer, Inc, Strober Building Supply, LLC, Tyco Flow Control, Inc., Tyco International (US) Inc., American Biltrite, Inc., American Biltrite, Inc. added. Party added pursuant to #2 Notice of Removal,.Document filed by Kaiser Gypsum Company, Inc.. Related document: #2 Notice of Removal,.(Cunningham, Troy) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Edgardo Ramos is no longer assigned to the case. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge John G. Koeltl is no longer assigned to the case. (ma) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Troy Patrick Cunningham to RE-FILE re: Document No. #7 Amended Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Atkinson/Walsh Estate, Builders Firstsource - Northeast Group, LLC, Builders Firstsource, Inc., Clark Construction Group, LLC, Domco Products Texas, Inc., Fidelity Capital Inc., Georgia-Pacific Corporation, Honeywell International, Inc., International Paper Company, Probuild Company LLC, Probuild Holdings LLC, Pfizer, Inc, Strober Building Supply, LLC, Tyco Flow Control, Inc., and Tyco International (US) Inc. must all be added to CM ECF a second time, with party text "individually"; American Biltrite, Inc. must be added to CM ECF two times; once with party text "individually", and an additional time with party text "as Successor to Amtico Floors"; all parties whom the pleading is against were not entered/selected. 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 Notice of Removal 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. (pne) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -AMENDED NOTICE OF REMOVAL against Anna Nocelli, Guido Nocelli, A.O. Smith Water Products, ALGOMA HARDWOODS, INC, ATKINSON/WALSH ESTATE, Basic, Inc, BIRD INCORPORATED f/k/a Bird & Son, Inc., BUILDERS FIRSTSOURCE NORTHEAST, BUILDERS FIRSTSOURCE, INC., Burnham Corporation, CBS Corporation, Certain-Teed Corporation, CLARK CONSTRUCTION GROUP, LLC, CONWED CORPORATION, Dap, Inc., Domco Products Texas, Inc., FELDMAN LUMBER CO., INC., FIDELITY CAPITAL INC, GEORGIA-PACIFIC CORPORATION, GIAMBOI AND SONS, INC, Giamboi Bros, Inc., GIAMBOI PLASTERING CORP, Grinnell Corporation, Homasote Company, Inc., HONEYWELL INTERNATIONAL, INC., International Paper Company, J.&J. GIAMBOI PLASTERING, INC, JELENKO ALLOYS, Kerr Corporation, LEHRER MCGOVERN/LEHRER LLC, Mannington Mills, Inc., MARIO DIBONO PLASTERING CO. INC, Metropolitan Life Insurance Company, Morse Diesel, Inc, Peerless Industries, Inc., Pfizer, Inc, PROBUILD COMPANY LLC, PROBUILD HOLDINGS LLC, RANSOM & RANDOLPH COMPANY, Rheem Manufacturing Corp., STROBER BUILDING SUPPLY, LLC, STROBER ORGANIZATION, INC., Turner Construction Company, Tyco Flow Control, Inc., Tyco International (US) Inc., Union Carbide Corporation, Walsh Construction Company, WEIL MCLAIN, WEYERHAUSER CORPORATION, WHIP MIX CORPORATION; amending #2 Notice of Removal,.Document filed by Kaiser Gypsum Company, Inc.. Related document: #2 Notice of Removal,. (Attachments: #1 Exhibit Exhibit A - Kaiser Summons and Complaint, #2 Exhibit Exhibit B - Notice of Service, #3 Exhibit Exhibit C - Plaintiffs' Initial Complaint, #4 Exhibit Exhibit D - Plaintiffs' Case Marked Disposedit, #5 Exhibit Exhibit E - Plaintiffs' Case Settled Before Trial, #6 Affidavit Certification of Service)(Cunningham, Troy) Modified on 3/11/2019 (pne). |
| Filing 6 AFFIDAVIT OF SERVICE of Answer to Plaintiffs' Complaint served on Anna and Guido Nocelli on March 8, 2019. Service was made by Mail. Document filed by Kaiser Gypsum Company, Inc.. (Cunningham, Troy) |
| Filing 5 ANSWER to Complaint with JURY DEMAND. Document filed by Kaiser Gypsum Company, Inc..(O'Rourke, Philip) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Troy Patrick Cunningham re: Document No. #2 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; all defendants listed on pleading caption must be entered on CM ECF; parties that are listed in multiple capacities must be entered on CM ECF in each capacity. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (pne) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Notice of Removal,. Filing fee $ 400.00. Pay.gov receipt number BNYSDC-16431274, paid on 3/1/2019. (pne) |
| Magistrate Judge Stewart D. Aaron 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Troy Patrick Cunningham to RE-FILE Document No. #4 Amended Notice of Removal,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The word 'AMENDED' must appear in front of 'Notice of Removal' on the pleading PDF. Re-file the pleading using the event type Notice of Removal 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Troy Patrick Cunningham. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 365 (Personal Inj. Prod. Liability); Citizenship Defendant code 2 (Citizen of Another State); County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 368 (P.I. : Asbestos); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne) |
| Case Designated ECF. (pne) |
| Filing 4 FILING ERROR - PDF ERROR - AMENDED NOTICE OF REMOVAL against Anna Nocelli, Guido Nocelli; amending #2 Notice of Removal,.Document filed by KAISER GYPSUM COMPANY, INC.. Related document: #2 Notice of Removal,. (Attachments: #1 Exhibit Exhibit A - Kaiser Summons and Complaint, #2 Exhibit Exhibit B - Notice of Service, #3 Exhibit Exhibit C - Plaintiffs' Initial Complaint, #4 Exhibit Exhibit D - Plaintiffs' Case Marked Disposedit, #5 Exhibit Exhibit E - Plaintiffs' Case Settled Before Trial, #6 Affidavit Certification of Service)(Cunningham, Troy) Modified on 3/7/2019 (pne). |
| Filing 3 CIVIL COVER SHEET filed. (Cunningham, Troy) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 190365/2016..Document filed by KAISER GYPSUM COMPANY, INC.. (Attachments: #1 Exhibit Exhibit A - Kaiser Summons and Complaint, #2 Exhibit Exhibit B - Notice of Service, #3 Exhibit Exhibit C - Plaintiffs' Initial Complaint, #4 Exhibit Exhibit D - Plaintiffs' Case Marked Disposed, #5 Exhibit Exhibit E - Plaintiffs' Case Settled Before Trial)(Cunningham, Troy) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Troy Patrick Cunningham to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 3/11/2019. (pne) |
| Filing 1 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KAISER GYPSUM COMPANY, INC..(Cunningham, Troy) |
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