Pezzo et al v. Air & Liquid Systems Corporation et al
| Carol A. Pezzo and Domenic Pezzo |
| Morse TEC LLC, ViacomCBS Inc., Goulds Pumps, Incorporated, Gardner Denver, Inc., Alfa Laval, Inc., Graybar Electric Company Inc., Air & Liquid Systems Corporation, Resillo Press Pad Co., Ford Motor Company, Kamco Supply Corp., Crane Co., Warren Pumps LLC, Kaiser Gypsum Company, Inc., Whirlpool Corporation, Ametek, Inc., General Electric Company, John E. Potente & Sons, Inc., f, Genuine Parts Company, Honeywell International, Inc., The Goodyear Tire & Rubber Company, Tingue Brown & Co., Mack Trucks, Inc., Tenneco Automotive Operating Company Inc., Hoffman-NewYorker Inc., Navistar, Inc., Standard Motor Products Inc., Qualitex Company, Pneumo Abex LLC, Paccar, Inc., FMC Corporation, Glas Mesh Company, Inc., Union Carbide Corporation, Champlain Cable Corporation, G.A. Braun, Inc. and IMO Industries, Inc. |
| 1:2020cv10433 |
| December 10, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| P.I. : Asbestos |
| 28 U.S.C. § 1446 as Notice of Removal - Asbestos Litigation |
| Defendant |
Docket Report
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This docket was last retrieved on July 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 61
OPINION AND ORDER: re: #22 MOTION to Remand . filed by Domenic Pezzo, Carol A. Pezzo. For the foregoing reasons, Plaintiffs motion to remand is GRANTED. The Clerk of Court is directed to close the motion at Docket Number 22, close this case, and remand the matter to the Supreme Court of the State of New York, New York County. So Ordered. (Signed by Judge J. Paul Oetken on 7/8/2021) (js) 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 37 1005 521 7 on 7/8/2021. (js) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Anna Maria DiLonardo to RE-FILE Document #60 Rule 7.1 Corporate Disclosure Statement. (lb) |
| Filing 60 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morse TEC LLC..(DiLonardo, Anna) Modified on 6/16/2021 (lb). |
| Filing 59 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kamco Supply Corp...(DiLonardo, Anna) |
| Filing 58 NOTICE OF APPEARANCE by Anna Maria DiLonardo on behalf of Morse TEC LLC..(DiLonardo, Anna) |
| Filing 57 NOTICE OF APPEARANCE by Anna Maria DiLonardo on behalf of Kamco Supply Corp...(DiLonardo, Anna) |
| Filing 56 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kamco Supply Corp...(DiLonardo, Anna) Modified on 6/16/2021 (lb). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anna Maria DiLonardo to RE-FILE Document #54 Rule 7.1 Corporate Disclosure Statement. ERROR(S): wrong filer selected. (ldi) |
| Filing 55 NOTICE of Substitution of Attorney. Old Attorney: Phillip O'Rourke, New Attorney: Anna DiLonardo, Address: Marshall Dennehey, 105 Maxess Road, Suite 303, Melville, NY, Suffolk 11747, 631-232-6130. Document filed by Kamco Supply Corp...(DiLonardo, Anna) |
| Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kamco Supply Corp...(DiLonardo, Anna) Modified on 5/12/2021 (ldi). |
| Filing 53 NOTICE OF APPEARANCE by Anna Maria DiLonardo on behalf of Kamco Supply Corp...(DiLonardo, Anna) |
| Filing 52 AFFIRMATION of ARFD . Document filed by Ford Motor Company..(Pennie, Nancy) |
| Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ford Motor Company..(Pennie, Nancy) |
| Filing 50 NOTICE OF APPEARANCE by Nancy Loraine Pennie on behalf of Ford Motor Company..(Pennie, Nancy) |
| Filing 49 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Tenneco Automotive Operating Company Inc...(McKeown, Michael) |
| Filing 48 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tenneco Inc. for Tenneco Automotive Operating Company Inc.. Document filed by Tenneco Automotive Operating Company Inc...(McKeown, Michael) |
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Filing 47
ORDER granting #46 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 46 MOTION for Kyle E. Bjornlund to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24272452. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ametek, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion Pro Hac Vice, #2 Text of Proposed Order Proposed Order, #3 Exhibit Certificate of Good Standing (VT), #4 Exhibit Certificate of Good Standing (ME), #5 Exhibit Certificate of Good Standing (MA)).(Bjornlund, Kyle) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Kyle E. Bjornlund to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24272452. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 45
ORDER: GRANTED. DEFENDANT TENNECO AUTOMOTIVE OPERATING COMPANY INC. SHALL RESPOND TO THE COMPLAINT ON OR BEFORE MARCH 30, 2021. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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| Filing 44 PROPOSED CONSENT ORDER. Document filed by Tenneco Automotive Operating Company Inc...(McKeown, Michael) |
| Filing 43 NOTICE OF APPEARANCE by Michael McKeown on behalf of Tenneco Automotive Operating Company Inc...(McKeown, Michael) |
| Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Qualitex Company..(Schaffer, David) |
| Filing 41 ANSWER to Complaint. Document filed by John E. Potente & Sons, Inc...(Halbardier, Suzanne) |
| Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John E. Potente & Sons, Inc...(Halbardier, Suzanne) |
| Filing 39 NOTICE OF APPEARANCE by Matthew James Rice on behalf of Champlain Cable Corporation..(Rice, Matthew) |
| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CC Acquisition Corp. for Champlain Cable Corporation. Document filed by Champlain Cable Corporation..(Rice, Matthew) |
| Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Paccar, Inc...(Halbardier, Suzanne) |
| Filing 36 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of Paccar, Inc...(Halbardier, Suzanne) |
| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FMC Corporation..(Carlucci, Maria) |
| Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Alfa Laval AB for Alfa Laval, Inc.. Document filed by Alfa Laval, Inc...(Carlucci, Maria) |
| Filing 33 DECLARATION of Frank Jordan in Opposition re: #22 MOTION to Remand .. Document filed by Ametek, Inc...(Jordan, Frank) |
| Filing 32 REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Remand . . Document filed by Carol A. Pezzo, Domenic Pezzo. (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).(Falda, Nathaniel) |
| Filing 31 NOTICE OF APPEARANCE by David P. Schaffer on behalf of Qualitex Company..(Schaffer, David) |
| Filing 30 NOTICE OF APPEARANCE by Maria C. Carlucci on behalf of FMC Corporation..(Carlucci, Maria) |
| Filing 29 NOTICE OF APPEARANCE by Maria C. Carlucci on behalf of Alfa Laval, Inc...(Carlucci, Maria) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #22 MOTION to Remand . . Document filed by Ametek, Inc...(Jordan, Frank) |
| Filing 27 DECLARATION of Frank Jordan in Opposition re: #22 MOTION to Remand .. Document filed by Ametek, Inc.. (Attachments: #1 Exhibit 1 - Initial Fact Sheet and Complaint, #2 Exhibit 2 - NYSCEF System User Manual, #3 Exhibit 3 - Plaintiff's Chart A, #4 Exhibit 4 - Plaintiff's Deposition Transcript, #5 Exhibit 5 - Maune Rachel Amended Standard Asbestos Complaint No. 2, #6 Exhibit 6 - Discovery Response Excerpt from Brown v. Amchen Products, #7 Exhibit 7 - Discovery Response Excerpt from Maguire v. A.C. & S, #8 Exhibit 8 - Discovery Response Excerpt from Levy v. A.O. Smith).(Jordan, Frank) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hanson Permanente Cement, Inc. for Kaiser Gypsum Company, Inc.. Document filed by Kaiser Gypsum Company, Inc...(O'Rourke, Philip) |
| Filing 25 NOTICE OF APPEARANCE by Philip Justin O'Rourke on behalf of Kaiser Gypsum Company, Inc...(O'Rourke, Philip) |
| Filing 24 NOTICE OF APPEARANCE by Christopher Patrick Hannan on behalf of FMC Corporation..(Hannan, Christopher) |
| Filing 23 NOTICE OF APPEARANCE by Christopher Patrick Hannan on behalf of Alfa Laval, Inc...(Hannan, Christopher) |
| Filing 22 MOTION to Remand . Document filed by Carol A. Pezzo, Domenic Pezzo. (Attachments: #1 Motion for Remand, #2 Memorandum of Law in Support, #3 Exhibit A, #4 Exhibit B, #5 C).(Falda, Nathaniel) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AmpcoPittsburgh Corporation for Air & Liquid Systems Corporation. Document filed by Air & Liquid Systems Corporation..(Howarth, John) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Samuel Howarth to RE-FILE Document #19 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates 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). (ldi) |
| Filing 20 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Air & Liquid Systems Corporation. Document filed by Air & Liquid Systems Corporation..(Howarth, John) |
| Filing 19 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 1/5/2021 (ldi). |
| Filing 18 NOTICE OF APPEARANCE by John Samuel Howarth on behalf of Air & Liquid Systems Corporation..(Howarth, John) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Graybar Electric Company Inc...(Corbin, Steven) |
| Filing 16 NOTICE OF APPEARANCE by Steven Thomas Corbin on behalf of Graybar Electric Company Inc...(Corbin, Steven) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. (Owner of Ten Percent Plus Stock) for The Goodyear Tire & Rubber Company. Document filed by The Goodyear Tire & Rubber Company..(Lee, Lawrence) |
| Filing 14 NOTICE OF APPEARANCE by Lawrence Gable Lee on behalf of The Goodyear Tire & Rubber Company..(Lee, Lawrence) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Navistar International Corporation for Navistar, Inc.. Document filed by Navistar, Inc...(Weill, Elizabeth) |
| Filing 12 NOTICE OF APPEARANCE by Nicole Melody Kozin on behalf of Crane Co...(Kozin, Nicole) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crane Co...(Pehush, Tara) |
| Filing 10 NOTICE OF APPEARANCE by Tara Lynne Pehush on behalf of Crane Co...(Pehush, Tara) |
| 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 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 6 NOTICE OF APPEARANCE by David James Goodearl on behalf of IMO Industries, Inc...(Goodearl, David) |
| Filing 5 NOTICE OF APPEARANCE by Elizabeth Anne Weill on behalf of Navistar, Inc...(Weill, Elizabeth) |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on All Parties on December 10, 2020. Document filed by Ametek, Inc.. (Attachments: #1 Exhibit Notice of Filing Notice of Removal to Federal Court filed on State Court Docket, #2 Exhibit Notice of Removal to Federal Court Annexed as Exhibit A to State Court Filing, #3 Exhibit Confirmation Notice from NYSCEF confirming transmission of papers to All Counsel of Record via E-mail, #4 Exhibit E-mail to Counsel for All Parties Attaching Notice of Filing Notice of Removal to Federal Court and Exhibit A thereto - Notice of Removal to Federal Court).(Jordan, Frank) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ametek, Inc...(Jordan, Frank) |
| Filing 2 CIVIL COVER SHEET filed..(Jordan, Frank) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 190223-2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-22978033).Document filed by Ametek, Inc.. (Attachments: #1 Exhibit A - Plaintiffs' Summons and Complaint, #2 Exhibit B - Plaintiffs' Answers to NYCAL Interrogatories, #3 Exhibit C - Plaintiffs' First Amended Summons and Complaint, #4 Exhibit D - Plaintiffs' Second Amended Summons and Complaint, #5 Exhibit E - Ametek's Filed Answer with Cross-Claims, #6 Exhibit F - Vol. 1 to Plaintiff Domenic Pezzo's Deposition, #7 Exhibit G - Vol. 2 to Plaintiff Domenic Pezzo's Deposition, #8 Exhibit H - Declaration of Thomas Deeney, #9 Exhibit I - Declaration of RADM David P. Sargent, Jr. USN (Ret.), #10 Exhibit Exhibit A to Sargent Declaration - Bureau of Ships Manual, #11 Exhibit Exhibit B to Sargent Declaration - Journal of Industrial Hygiene and Toxicology, #12 Exhibit Exhibit C to Sargent Declaration - Chapter 39, #13 Exhibit Exhibit D to Sargent Declaration - Gen Specs, #14 Exhibit Exhibit E to Sargent Declaration - Military Standards, #15 Exhibit Exhibit F1 to Sargent Declaration - Fletcher Class Schedules Pt. 1, #16 Exhibit Exhibit F2 to Sargent Declaration - Fletcher Class Schedules Pt. 2, #17 Exhibit Exhibit G to Sargent Declaration - Sumner Gearing Schedules, #18 Exhibit Exhibit H to Sargent Declaration - Essex Class Insulation and Standards, #19 Exhibit Exhibit I to Sargent Declaration - 1979 Letter, #20 Exhibit Exhibit J1 to Sargent Declaration - 1942 Manual Correspondence, #21 Exhibit Exhibit J2 to Sargent Declaration - 1959 Manual Correspondence, #22 Exhibit Exhibit J3 to Sargent Declaration - 1966 Manual Correspondence, #23 Exhibit Exhibit K to Sargent Declaration - MIL-I-15024, #24 Exhibit Exhibit L to Sargent Declaration - MIL-P-15024B, #25 Exhibit Exhibit M to Sargent Declaration - Gen Spec for Mach S-1, #26 Exhibit Exhibit N to Sargent Declaration - MIL-B-15071, #27 Exhibit Exhibit O to Sargent Declaration - MIL-B-15071A, #28 Exhibit Exhibit P to Sargent Declaration - MIL-M-15071C, #29 Exhibit Exhibit Q to Sargent Declaration - MIL-T-15071B, #30 Exhibit Exhibit R to Sargent Declaration - MIL-M-15071D).(Jordan, Frank) |
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