Brown v. Amchem Products, Inc. et al
| Diana Brown and Frederick G. Brown |
| Foster Wheeler, LLC, Gardner Denver, Inc., Cleaver-Brooks Company, Inc., Owens-Illinois, Inc., General Electric Company, Ford Motor Company, Air & Liquid Systems Corporation, Amchem Products, Inc., American Biltrite, Inc., Goulds Pumps LLC, Leviton Manufacturing Co., Inc., Aurora Pump Company, Union Carbide Corporation, Honeywell International, Inc., Karnak Corporation, Goodyear Canada, Inc., Georgia Pacific LLC., Pfizer, Inc. (Pfizer), Certainteed Corporation, Dap, Inc., Goodyear Tire and Rubber Company, Blackmer, Bird Incorporated, BWIP, Inc., Warren Pumps, LLC, Eaton Corporation, U.S. Rubber Company (Uniroyal), CBS Corporation, IMO Industries, Inc., Viacomn, Inc., successor by merger to CBS Corporation, formerly known as Westinghouse Electric Corporation and Allied Signal, Inc. |
| 1:2019cv05844 |
| June 21, 2019 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
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Filing 23
ORDER granting #11 Motion to Remand to State Court. For the reasons stated above, Plaintiffs' motion to remand (Dkt. No. 11) is granted. The Clerk of Court is directed to close this case and return the matter to the Clerk of Supreme Court for the State of New York, New York County. Any other pending motions are moot. (Signed by Judge Paul G. Gardephe on 3/9/2020) (rro) 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 1Z E22 E53 22 1002 851 5 on 3/10/2020. (rro)
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Filing 22
ORDER denying #13 Letter Motion for Oral Argument. The application is denied. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/7/2019) (jca)
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Filing 21
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for October 31, 2019 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/28/2019) (jca)
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| Filing 20 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Plaintiffs' Motion to Remand to State Court on August 19, 2019. Document filed by Diana Brown, Frederick G. Brown. (Weinstein, Jason) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Diana Brown, Frederick G. Brown. (Weinstein, Jason) |
| Filing 18 AFFIDAVIT OF SERVICE of Affirmation of Service for Cleaver-Brooks' Opposition to Plaintiffs' Motion to Remand Case to State Court served on All Parties on 8/12/19. Document filed by Cleaver-Brooks Company, Inc.. (Halbardier, Suzanne) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Remand to State Court . . Document filed by Cleaver-Brooks Company, Inc.. (Attachments: #1 Exhibit 1 - Interrogatory Responses)(Halbardier, Suzanne) |
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by Cleaver-Brooks Company, Inc. ENDORSEMENT: SO ORDERED. Set Deadlines/Hearing as to #15 Letter, #11 MOTION to Remand to State Court (Responses due by 8/12/2019) (Signed by Judge Paul G. Gardephe on 8/11/2019) (rro)
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| Filing 15 LETTER addressed to Judge Paul G. Gardephe from Christina Anderson dated 08/05/2019 re: Extension for Filing Opposition. Document filed by Cleaver-Brooks Company, Inc..(Halbardier, Suzanne) |
| Filing 14 CERTIFICATE OF SERVICE of Motion to Remand to State Court on July 22, 2019. Document filed by Diana Brown, Frederick G. Brown. (Weinstein, Jason) |
| Filing 13 LETTER MOTION for Oral Argument addressed to Judge Paul G. Gardephe from Jason P. Weinstein dated July 22, 2019. Document filed by Diana Brown, Frederick G. Brown.(Weinstein, Jason) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Diana Brown, Frederick G. Brown. (Attachments: #1 Exhibit A -- Summons and Complaint, #2 Exhibit B -- Excerpts from W&L NYCAL Standard Complaint for Personal Injury, #3 Exhibit C -- Plaintiffs' Response to Defendants' Interrogatories, #4 Exhibit D -- Deposition of Frederick Brown, #5 Exhibit E -- Plaintiffs' Product ID Interrogatories and Document Requests, #6 Exhibit F -- Excerpts of Assenzio Trial Transcript, #7 Exhibit G -- Email from Counsel for Foster Wheeler)(Weinstein, Jason) |
| Filing 11 MOTION to Remand to State Court . Document filed by Diana Brown, Frederick G. Brown.(Weinstein, Jason) |
| Filing 10 LETTER addressed to Judge Paul G. Gardephe from Jason P. Weinstein dated July 22, 2019 re: Filing of Motion to Remand Prior to the Completion of All Briefing. Document filed by Diana Brown, Frederick G. Brown.(Weinstein, Jason) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Colfax Corporation for Warren Pumps, LLC. Document filed by Warren Pumps, LLC.(Goodearl, David) |
| Filing 8 NOTICE OF APPEARANCE by David James Goodearl on behalf of Warren Pumps, LLC. (Goodearl, David) |
| Filing 7 NOTICE OF APPEARANCE by Patti Lynn Burshtyn on behalf of Diana Brown, Frederick G. Brown. (Burshtyn, Patti) |
| Filing 6 NOTICE OF APPEARANCE by Jason Peter Weinstein on behalf of Diana Brown, Frederick G. Brown. (Weinstein, Jason) |
| Filing 5 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 10/31/2019 at 10:30 AM in Courtroom 705, 40 Foley Square, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 7/1/2019) (rj) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge John G. Koeltl is no longer assigned to the case. (jc) |
| Filing 4 CIVIL COVER SHEET filed. (Halbardier, Suzanne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Suzanne M. Halbardier 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. Add party Diana Brown;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Suzanne M. Halbardier to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Suzanne M. Halbardier. The following party/parties has been removed from this case: CBS Corporation. The party was added to the case in error. (jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Suzanne M. Halbardier. The party information for the following party/parties has been modified: BWIP, Inc.; CBS Corporation; Eaton Corporation; Gardner Denver, Inc.; Goulds Pumps LLC; Honeywell International, Inc.; Pfizer, Inc. (Pfizer); Goodyear Tire and Rubber Company; Air & Liquid Systems Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; alias party name was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Cleaver-Brooks Company, Inc. added. Party added pursuant to #2 Notice of Removal,,.Document filed by Cleaver-Brooks Company, Inc.. Related document: #2 Notice of Removal,,.(Halbardier, Suzanne) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Halbardier, Suzanne) Modified on 6/25/2019 (jgo). |
| Filing 2 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 190195/2017..Document filed by Cleaver-Brooks, Inc.. (Attachments: #1 Exhibit Plaintiffs' Complaint, #2 Exhibit Plaintiffs' Amended Complaint, #3 Exhibit Cleaver-Brooks' Answer, #4 Exhibit Plaintiffs' Discovery Responses, #5 Exhibit Plaintiff's Deposition Transcripts, #6 Exhibit Unopposed Summary Judgment Motion and Order, #7 Exhibit E-Mail Correspondence, #8 Exhibit McCaffery Affidavit, #9 Exhibit Sargent Affidavit, #10 Exhibit Foreman Affidavit, #11 Exhibit Notice of Filing Notice of Removal, #12 Affidavit Affidavit of Service of Notice of Removal)(Halbardier, Suzanne) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Suzanne M. Halbardier. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Suzanne M. Halbardier. The party information for the following party/parties has been modified: Amchem Products, Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) Modified on 6/24/2019 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Suzanne M. Halbardier to RE-FILE re: Document No. #1 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; all of the parties listed on the pleading were not entered on CM ECF; Every party involved in the case must be included in the caption title. Et al. cannot be used. Add Diana Brown to CM ECF. 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 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 7/1/2019. (pc) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 190195/2017. (Filing Fee $ 400.00, Receipt Number ANYSDC-17123428). Document filed by Cleaver-Brooks, Inc.. (Attachments: #1 Exhibit Plaintiffs' Complaint, #2 Exhibit Plaintiffs' Amended Complaint, #3 Exhibit Cleaver-Brooks' Answer, #4 Exhibit Plaintiffs' Discovery Responses, #5 Exhibit Plaintiff's Deposition Transcript, #6 Exhibit Unopposed Summary Judgment Motion, #7 Exhibit E-Mail Correspondence, #8 Exhibit McCaffery Affidavit, #9 Exhibit Sargent Affidavit, #10 Exhibit Foreman Affidavit, #11 Exhibit Notice of Filing Notice of Removal, #12 Affidavit Affidavit of Service of Notice of Removal)(Halbardier, Suzanne) Modified on 6/24/2019 (pc). |
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