Cox, Sr. v. AGCO Corporation, et al.
Cox, Sr, Jack Howard Cox, Sr., Valerie M. Cox, Craig Michael Cox and Charlotte Cox |
AGCO Corporation, Star Machine & Tool, SPX Corporation, Standard Motor Products, Inc., Prestolite Performance, Deere & Company, Inc., Ford Motor Company, Metropolitan Life Insurance Company, Toyota Motor Sales U.S.A. Inc., Nissan North America, Inc., Honeywell International, Inc., McCord Corporation, Maremont Corporation, Navistar, Inc., Hennessy Industries, Inc., American Honda Motor Co., Inc., Parker-Hannifin Corporation, Star Brakes, Cummins, Inc., Arvinmeritor, Pneumo Abex LLC, Paccar, Inc., Caterpillar, Inc., FMC Corporation, Meadwestvaco Corporation, Dana Companies, LLC, Borg-Warner Morse Tec, Inc., Federal-Mogul Asbestos Personal Injury Trust, Paccar, Inc. doing business as Kenworth Truck Company doing business as Peterbilt Truck Company, Westvaco, AlliedSignal, Inc., International Truck and Engine Corporation, Deere & Company, Inc. doing business as John Deere and Morse Tec LLC |
4:2016cv00084 |
June 1, 2016 |
US District Court for the Eastern District of North Carolina |
Eastern Division Office |
PITT |
James C Dever |
Richard E Myers |
P.I. : Asbestos |
28 U.S.C. § 1332 Diversity-Asbestos Litigation |
Both |
Docket Report
This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 472 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the Court's Order dated 12/29/2016 at [DE-142], Defendant Paccar, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) [DE-35] is GRANTED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED pursuant to the Court's Order dated 6/25/2020 at [DE-434], both Defendant Navistar Inc.'s Motion for Summary Judgment [DE-328] and Defendant Pneumo Abex LLC's Motion for Summary Judgment [DE-340] are GRANTED. Signed by Peter A. Moore, Jr., Clerk of Court on 11/20/2020. (Waddell, K.) |
Filing 471 ORDER granting #470 Motion to Dismiss with Prejudice as to Defendant Morse TEC, LLC f/k/a Borg Warner Morse TEC LLC, and Successor-by-Merger to Borg-Warner Corporation. All of Plaintiff's claims against Morse TEC, LLC are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by District Judge Richard E. Myers II on 11/20/2020. (Waddell, K.) |
Filing 470 MOTION to Dismiss with Prejudice Morse TEC filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit 1 - Memo ISO Motion to Dismiss, #2 Text of Proposed Order) (Braly, Benjamin) |
Motion Submitted to District Judge Richard E. Myers II regarding #470 MOTION to Dismiss with Prejudice Morse TEC. (Waddell, K.) |
Filing 469 DISREGARD ENTRY - ENTERED IN WRONG CASE ORDER and Notice of Hearing: The court will hold oral argument on this matter on Friday, December 18, 2020, at 2:00 p.m. by videoconference. No later than Noon on Thursday, December 17, 2020, the parties shall submit supplemental memoranda of no more than 30 pages in length. Signed by Magistrate Judge Robert T. Numbers, II on 11/18/2020. (Waddell, K.) |
Filing 468 ORDER regarding #466 Stipulation of Dismissal with Prejudice as to Defendant Ford Motor Company. The court will construe the stipulation as a motion for dismissal, and all of Plaintiff's claims against Ford are hereby DISMISSED WITH PREJUDICE. Each party will bear its own costs. Signed by District Judge Richard E. Myers II on 11/10/2020. (Waddell, K.) |
TEXT ORDER: In light of the Stipulation of Dismissal with Prejudice as to Defendant Ford Motor Company [DE-466] the status conference scheduled for November 10, 2020, at 10 AM is hereby CANCELLED. Entered by District Judge Richard E. Myers II on 11/10/2020. (Waddell, K.) |
Documents Submitted: #466 and #467 submitted to District Judge Richard E. Myers II. (Waddell, K.) |
Filing 467 STATUS REPORT by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 466 STIPULATION of Dismissal of Ford Motor Company by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 465 ORDER: Plaintiff's claims against Honeywell International Inc. are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by District Judge Richard E. Myers II on 11/9/2020. (Waddell, K.) |
Filing 464 STATUS REPORT by Morse Tec LLC (Levy, David) |
Document Submitted: #464 Status Report by Morse Tec LLC submitted to District Judge Richard E. Myers II. (Waddell, K.) |
Document Submitted: #463 Stipulation of Dismissal as to Defendant Honeywell International submitted to District Judge Richard E. Myers II. (Waddell, K.) |
TEXT ORDER: The court construes Defendant Morse TEC, LLC's request at paragraph 5 of its Status Report, DE-464, as a motion for extension of time. For good cause shown in the Status Report, the motion is GRANTED. Plaintiff and Defendant Morse TEC, LLC shall have through and including November 23, 2020 to file a Stipulation of Dismissal. Pursuant to this text order and DE-463, counsel of record for Defendants Morse TEC LLC and Honeywell International, Inc. are relieved from participating in tomorrow's status conference. Entered by District Judge Richard E. Myers II on 11/9/2020. (Waddell, K.) |
Filing 463 STIPULATION of Dismissal of Honeywell International by Jack Howard Cox, Sr (Braly, Benjamin) |
TEXT ORDER: STATUS CONFERENCE set for 11/10/2020 at 10:00 AM before District Judge Richard E. Myers II. All counsel of record for the remaining parties in this litigation are required to appear. If a Stipulation of Dismissal is filed pursuant to the Orders at DE-456 and DE-461 before the status conference, it will be cancelled. Entered by District Judge Richard E. Myers II on 11/6/2020. (Waddell, K.) |
**** Set Hearing: Status Conference set for 11/10/2020 at 10:00 AM in Wilmington Courtroom 160 before District Judge Richard E. Myers II. (Waddell, K.) |
Filing 462 ORDER granting #460 Motion to Dismiss Without Prejudice Defendant Prestolite Performance, successor to Hayes Performance Brakes. Signed by District Judge Richard E. Myers II on 10/29/2020. (Waddell, K.) |
Motion Submitted to District Judge Richard E. Myers II regarding #460 MOTION to Dismiss Without Prejudice Prestolite Performance. (Waddell, K.) |
Filing 461 ORDER granting #459 Motion for Extension of Time. The parties are given a thirty (30) day extension of time by which to file their Stipulation of Dismissal, which is now due on or before Thursday, November 5, 2020. Signed by District Judge Richard E. Myers II on 10/6/2020. (Waddell, K.) |
Filing 460 MOTION to Dismiss Without Prejudice Prestolite Performance filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit 1 - Memo ISO DWOP of Prestolite, #2 Text of Proposed Order) (Braly, Benjamin) |
Motion Submitted to District Judge Richard E. Myers II regarding #459 Joint MOTION for Extension of Time. (Waddell, K.) |
Filing 459 Joint MOTION for Extension of Time filed by Jack Howard Cox, Sr. (Attachments: #1 Text of Proposed Order) (Braly, Benjamin) |
Filing 458 ORDER granting #457 Motion to Correct Corporate Name. The Clerk of Court is hereby DIRECTED to change the case caption in this matter to reflect the correct corporate name for Defendant to the present name "Morse TEC LLC, f/k/a Borg Warner Morse TEC LLC, and successor-by-merger to Borg-Warner Corporation." All future pleadings in this matter should reflect the correct corporate name. Signed by District Judge Richard E. Myers II on 8/25/2020. (Waddell, K.) |
Filing 457 Consent MOTION to Correct Corporate Name filed by Borg-Warner Morse Tec, Inc.. (Attachments: #1 Text of Proposed Order) (Levy, David) |
Notice to Counsel regarding: #457 Motion to Correct Corporate Name. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
Motion Submitted to District Judge Richard E. Myers II regarding #457 Consent MOTION to Correct Corporate Name. (Waddell, K.) |
Filing 456 ORDER denying as moot #315 Motion for Summary Judgment; denying as moot #316 Motion for Summary Judgment; denying as moot #321 Motion in Limine; denying as moot #325 Motion in Limine; denying as moot #338 Motion for Summary Judgment; denying as moot #355 Motion for Partial Summary Judgment; denying as moot #436 Motion to Add Expert Witness; granting #442 Motion to Dismiss Defendant Maremont Corporation. This matter is DISMISSED as to Defendants BorgWarner Morse Tee, Inc., Honeywell International, Inc., and Ford Motor Company. Parties are DIRECTED to file their Stipulation of Dismissal on or before Monday, October 5, 2020. As to Defendant Prestolite Performance, Plaintiff is DIRECTED to file a Stipulation of Dismissal or else apply to the court for a default judgment on or before Monday, October 5, 2020. Counsel is reminded to read the Order in its entirety for critical information and deadlines. Signed by District Judge Richard E. Myers II on 8/20/2020. (Waddell, K.) |
Filing 455 STATUS REPORT (Joint) of Plaintiff and Ford Motor Company by Jack Howard Cox, Sr (Braly, Benjamin) |
Joint Status Report of Plaintiff and Defendant Ford Motor Company at #455 submitted to District Judge Richard E. Myers II. (Waddell, K.) |
Remark: received a call from Plaintiff's counsel advising the remaining parties have reached a settlement and a formal notice of settlement will be filed later today. (Waddell, K.) |
TEXT ORDER: In light of the Notice of Settlement between Plaintiff and Defendant Honeywell International Inc. [DE-454] and the forthcoming notice of settlement between Plaintiff and Defendant Ford Motor Co. the court was advised of this morning, the Daubert Hearing scheduled from August 18 to 21, 2020, is hereby CANCELLED. Entered by District Judge Richard E. Myers II on 8/17/2020. (Waddell, K.) |
Notice of Settlement #454 submitted to District Judge Richard E. Myers II. (Waddell, K.) |
Motions Submitted to District Judge Richard E. Myers II regarding #436 MOTION Add Expert Witness Christy Barlow, Ph.D.. #442 Corrected MOTION to Dismiss Defendant Maremont Corporation. (Waddell, K.) |
**** Reset Hearing: *Time change for 8/18/2020 only* Daubert Hearing set for 8/18/2020 at 9:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/19/2020 at 9:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/20/2020 at 9:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/21/2020 at 9:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. (Waddell, K.) |
NOTICE of Hearing: *For parties participating in the hearing on Daubert-related motions* Status Conference set for 8/17/2020 at 03:00 PM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. (Waddell, K.) |
Filing 454 NOTICE of Settlement between Plaintiff and Defendant Honeywell International Inc. by Honeywell International, Inc. (Walters, Jason) |
****Reset Hearing:*NO CHANGE TO DATES OR TIMES* Adjustments made to correct internal court calendar only. Daubert Hearing set for 8/18/2020 at 10:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/19/2020 at 09:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/20/2020 at 09:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/21/2020 at 09:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. (Waddell, K.) |
**** Set Hearings: In addition to the Daubert Hearing previously set for 8/18/2020 at 10:00 AM-- Daubert Hearing set for 8/19/2020 at 9:00 AM TO 5:00 PM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/20/2020 at 9:00 AM to 5:00 PM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. Daubert Hearing set for 8/21/2020 at 9:00 AM to 5:00 PM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. (Waddell, K.) |
Filing 453 Notice of Special Appearance for non-district by Jessica M. Dean on behalf of All Plaintiffs. (Dean, Jessica) |
Filing 452 Notice of Special Appearance for non-district by Jonathan A. George on behalf of All Plaintiffs. (George, Jonathan) |
TEXT ORDER: (1) In light of the recently filed Joint Status Report [DE-448], Borgwarner Morse TEC LLC as successor-by-merger to Borg-Warner Corporation (Morse TEC) is excused from attending the Daubert hearing scheduled to begin on August 18, 2020. Furthermore, the court orders Morse TEC to file a consent motion to reflect correct corporate name or corporate name change and amend case caption prior to or in conjunction with the filing of the anticipated stipulation of dismissal. (2) In response to Honeywell's Motion for Special Relief for Daubert Hearing [DE-449], the court will allow the remote appearance of the client representative and local counsel, Jason L. Walters, given the current public health crisis. Access to the courthouse's wired internet connection is not permitted. However, counsel and their team may bring in a Wi-Fi hot spot and other devices to assist in the presentation of evidence. Access to the courtroom for all participants will be permitted on Monday, August 17, 2020, for setup and testing. Further instruction, including a request for all participants to coordinate technology needs with the court's courtroom technology specialist, will be sent to counsel via email. Entered by District Judge Richard E. Myers II on 8/12/2020. (Waddell, K.) |
Filing 451 STATUS REPORT by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 450 REPLY to Response to Motion regarding #436 MOTION Add Expert Witness Christy Barlow, Ph.D. filed by Honeywell International, Inc.. (Attachments: #1 Exhibit Fink - Barlow General Report, #2 Exhibit Fink - Expert Disclosures, #3 Exhibit Smith - Expert Disclosures) (Walters, Jason) |
Filing 449 AMENDED MOTION Allow client and local counsel to appear remotely during Daubert Hearing and technology requests filed by Honeywell International, Inc. (Walters, Jason) Modified on 8/11/2020 to correct document description (Waddell, K.). |
Notice to Counsel regarding: #448 Status Report. Counsel is reminded that this case was reassigned to United States District Judge Richard E. Myers II. Therefore, all future filings shall reflect the revised case number of 4:16-CV-84-M. The judge assignment should now be 'M'. (Waddell, K.) |
SECOND NOTICE OF DEFICIENCY regarding #444 Notice of Special Appearance as to Jonathan A. George, #445 Notice of Special Appearance as to Jessica M. Dean, and #446 Notice of Special Appearance as to Mark J. Buha,. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. Counsel must file their own Notice of Appearance to participate as a representative party in this action. (Waddell, K.) |
Document #448 Joint Status Report submitted to District Judge Richard E. Myers II. (Waddell, K.) |
NOTICE OF DEFICIENCY regarding #447 Honeywell's Motion for Special Relief for Daubert Hearing. Counsel's motion fails to comply with Local Civil Rule 6.1(a) and the judge's practice preferences as it relates to prior consultation with opposing counsel and the views of opposing counsel within the motion. Counsel is directed to comply with this rule and refile this motion by 8/13/2020. (Waddell, K.) |
Notice to Counsel regarding: #451 Status Report. Counsel indicated the incorrect division in the case caption. Counsel is reminded again that the correct division to be referenced in future filings is the Eastern Division. (Waddell, K.) |
Joint Status Report at #451 submitted to District Judge Richard E. Myers II. (Waddell, K.) |
Filing 448 STATUS REPORT Joint by Borg-Warner Morse Tec, Inc. (Levy, David) |
Filing 447 AMENDED AND REFILED AT #449 MOTION Allow client and local counsel to appear remotely during Daubert Hearing and technology requests filed by Honeywell International, Inc. (Walters, Jason) |
NOTICE OF DEFICIENCY regarding #444 Notice of Special Appearance as to Jonathan A. George, #445 Notice of Special Appearance as to Jessica M. Dean, #446 Notice of Special Appearance as to Mark J. Buha. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. (Waddell, K.) |
Filing 446 Notice of Special Appearance for non-district by Benjamin D. Braly on behalf of Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 445 Notice of Special Appearance for non-district by Benjamin D. Braly on behalf of Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 444 Notice of Special Appearance for non-district by Benjamin D. Braly on behalf of Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 443 RESPONSE in Opposition regarding #436 MOTION Add Expert Witness Christy Barlow, Ph.D. filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit A - In re New York City Asbestos Litigation, #2 Exhibit B - Moolgavkar_Expert_Report_Cox, #3 Exhibit C - Marano Expert Report - Cox, #4 Exhibit D - Moolgavkar_Expert_Report_Cox (Supplemental)) (Braly, Benjamin) |
REMINDER TO COUNSEL regarding #443 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.) |
Filing 442 Corrected MOTION to Dismiss Defendant Maremont Corporation filed by Jack Howard Cox, Sr. (Attachments: #1 Memorandum in Support of Plaintiffs Unopposed Motion to Dismiss Maremont Corporation) (Braly, Benjamin) |
Notice to Counsel regarding: #441 Motion to Dismiss. A memorandum in support should be filed pursuant to Local Civil Rule 7.1(e). (Waddell, K.) |
Filing 441 MOTION to Dismiss Without Prejudice Defendant Maremont Corporation filed by Jack Howard Cox, Sr. (Attachments: #1 Text of Proposed Order Proposed Order) (Braly, Benjamin) |
Filing 440 Notice of Special Appearance for non-district by Bruce T. Bishop on behalf of Honeywell International, Inc.. (Bishop, Bruce) |
**** Set Hearing: Daubert Hearing set for 8/18/2020 at 10:00 AM in Wilmington Courtroom 118 before District Judge Richard E. Myers II. (Waddell, K.) |
TEXT ORDER: (1) Oral argument on all Daubert-related motions [DE-315; DE-321; DE-325] is set to begin on Tuesday, August 18, 2020, at 10 AM in Wilmington, Courtroom 118, before District Judge Richard E. Myers II. The expert witnesses requesting to appear remotely [DE-439] may do so. Parties will inform the court of the complete ordering of witnesses no later than August 11, 2020. Conference call and further instructions will be emailed to counsel prior to the hearing. (2) The court notes that Plaintiff has not moved for the dismissal of Defendant Maremont Corporation, see Minute Entry [DE-435]. Plaintiff is directed to move for dismissal of Defendant Maremont Corporation no later than Friday, July 24, 2020. Entered by District Judge Richard E. Myers, II on 7/13/2020. (Waddell, K.) |
Filing 439 STATUS REPORT (Joint) by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 438 Notice of Special Appearance for non-district by Kevin P. Greene on behalf of Honeywell International, Inc.. (Greene, Kevin) |
Notice to Counsel regarding: #439 Status Report. Counsel indicated the incorrect division. In future filings, please reference the Eastern Division (not "Greenville Division") in the case caption. Additionally, Counsel is reminded that this case was reassigned to United States District Judge Richard E. Myers II. Therefore, all future filings shall reflect the revised case number of 4:16-CV-84-M. The judge assignment should now be 'M'. (Waddell, K.) |
Document Submitted #439 Joint Status Report to District Judge Richard E. Myers II. (Waddell, K.) |
Filing 437 Memorandum in Support regarding #436 MOTION Add Expert Witness Christy Barlow, Ph.D. filed by Honeywell International, Inc.. (Attachments: #1 Exhibit A - Defendant Honeywell International Inc.'s Expert Witness Disclosure, #2 Exhibit B - Resume of Christy A. Barlow, Ph.D., #3 Exhibit C - Education, Experience, and Qualifications of Christy A. Barlow, Ph.D., #4 Exhibit D - Defendant Honeywell International Inc.'s Supplemental Expert Witness Disclosure) (Walters, Jason) Modified on 7/8/2020 to correct document description in docket text (Waddell, K.). |
Filing 436 MOTION Add Expert Witness Christy Barlow, Ph.D. filed by Honeywell International, Inc.. (Walters, Jason) |
REMINDER TO COUNSEL regarding #436 and #437 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.) |
Notice to Counsel regarding: #437 Memorandum in Support. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit A" is not a sufficient description). The deputy clerk has corrected the descriptions in the docket text. No action by counsel is required at this time. (Waddell, K.) |
NOTICE OF DEFICIENCY - All counsel appearing on behalf of defendant Honeywell International, Inc. should file a notice of appearance and/or notice of special appearance in order to appear as representing that party on the docket. (Waddell, K.) |
Filing 435 Minute Entry for proceedings held before District Judge Richard E. Myers II: Status Conference held on 6/26/2020 in Wilmington, NC. Counsel for remaining parties were present. The court would like parties to meet, confer, and prepare a joint status report regarding potential date(s) for Daubert hearings within the next two weeks. Discussions held regarding the suggestion of bankruptcy as to defendant Maremont Corporation. Counsel to move for dismissal of this party. A written order to follow. (Court Reporter Risa Kramer) (Waddell, K.) |
Notice to Counsel. All counsel appearing on behalf of defendant Honeywell International, Inc., should file a notice of appearance and/or notice of special appearance in order to appear as representing that party on the docket. (Waddell, K.) |
TEXT ORDER: The parties are to meet and confer and file a joint status report including the anticipated number of days necessary for a hearing on Daubert-related motions, proposed dates for the hearing in August 2020, and Plaintiff is directed to update, as necessary, its list of challenged experts [DE-315] based on the termination of defendants. This joint status report is due to the Court no later than Friday, July 10, 2020. Entered by District Judge Richard E. Myers II on 6/26/2020. (Waddell, K.) |
Filing 434 OPINION AND ORDER denying as moot #323 Motion to Strike; granting #328 Motion for Summary Judgment; granting #340 Motion for Summary Judgment; denying as moot #343 Motion to Strike; denying as moot #345 Motion to Strike. Plaintiff's claims against Navistar and Abex are hereby DISMISSED. Counsel is reminded to read the Order in its entirety for critical information and deadlines. Signed by District Judge Richard E. Myers II on 6/25/2020. (Waddell, K.) |
Filing 433 Notice of Special Appearance for non-district by Yancey A. McLeod, III on behalf of Pneumo Abex LLC. (McLeod, Yancey) |
Filing 432 Notice of Special Appearance for non-district by Shepherd D. Wainger on behalf of Ford Motor Company. (Wainger, Shepherd) |
Notice to Counsel regarding: #432 Notice of Special Appearance. Counsel indicated the incorrect division. In future filings, please reference the Eastern Division in the case caption. No action by counsel required. Counsel is also reminded that this case was reassigned to United States District Judge Richard E. Myers II. All future filings shall reflect the revised case number of 4:16-cv-00084-M. The judge assignment should now be 'M'. No need to refile anything at this time. (Waddell, K.) |
TEXT ORDER: Defendant Honeywell International Inc.'s unopposed motion for/notice of joinder in Ford's Reply to Plaintiff's Statement of Additional Material Facts [DE-392] is GRANTED. Entered by District Judge Richard E. Myers II on 6/10/2020. (Waddell, K.) |
TEXT ORDER: TELEPHONIC STATUS CONFERENCE set for 6/26/2020 at 10:00 AM before District Judge Richard E. Myers II. Parties should be ready to discuss the anticipated number of days necessary for an in-person hearing on Daubert-related motions and propose dates for the hearing in August 2020. Conference call instructions will be emailed to counsel in this case following this notice. Furthermore, Defendant Borg-Warner Morse Tec, Inc.'s unopposed motions for joinder in various Daubert-related briefings submitted by Defendants Ford and Honeywell [DE-347, 348, 349, 374, 389 & 390] are GRANTED. Entered by District Judge Richard E. Myers II on 6/9/2020. Entered by District Judge Richard E. Myers II on 6/9/2020. (Waddell, K.) |
**** Set Hearing: Status Conference set for 6/26/2020 at 10:00 AM telephonically in Wilmington Courtroom 160 before District Judge Richard E. Myers II. (Waddell, K.) |
Filing 431 RESPONSE by Plaintiff Jack Howard Cox, Sr regarding #412 Order on Motion for Summary Judgment,,,,,, Order on Motion in Limine,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Joinder,,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,, PLAINTIFF LETTER TO JUDGE MYERS (Braly, Benjamin) |
NOTICE OF DEFICIENCY regarding #431 Response. The document is a letter which appears to be requesting a telephonic status conference. This should have been filed as a motion. Counsel is directed to refile the document using the proper motion event and format in compliance with the Local Rules of Practice and Procedure 7.1, 10.1 and section I(A) of the judge's practice preferences in regards to the filing of motions and prior consultation with opposing counsel. (Edwards, S.) |
Filing 430 Notice of Appearance filed by Mary Elizabeth O'Neill on behalf of Pneumo Abex LLC. (O'Neill, Mary) |
Filing 429 Notice of Appearance filed by Kimberly Sullivan on behalf of Pneumo Abex LLC. (Sullivan, Kimberly) |
Motions Submitted to District Judge Richard E. Myers, II regarding #338 MOTION for Summary Judgment , #348 MOTION for Joinder Ford Motor Company's Daubert Motion, #343 MOTION to Strike Opinions of Dr. Brody pursuant Daubert and 702, #321 MOTION in Limine DAUBERT MOTION TO PRECLUDE EVIDENCE SUGGESTING THAT CHRYSOTILE ASBESTOS USED IN BRAKES CAUSES MESOTHELIOMA OR THAT EVERY EXPOSURE COUNTS AND REQUEST FOR HEARING, #316 MOTION for Summary Judgment , #328 MOTION for Summary Judgment , #340 MOTION for Summary Judgment , #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses, #392 MOTION for Joinder , #323 MOTION to Strike and Exclude Saranac Evidence, #347 MOTION for Joinder in Honeywell International Inc.'s Daubert Motion, #390 MOTION for Joinder re: Defendant Ford's Reply in Support of its Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody, #389 MOTION for Joinder re: Defendant Honeywell's Reply in Support of its Daubert Motion, #345 MOTION to Strike Opinions of Dr. Holstein pursuant Daubert and 702, #325 MOTION in Limine Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody, #355 MOTION for Partial Summary Judgment , #349 MOTION for Joinder in Honeywell International Inc.'s Memorandum in Support of its Daubert Motion, #374 MOTION for Joinder . (Edwards, S.) |
Filing 428 TEXT ORDER REASSIGNING CASE. At the direction of the Court, this Case is reassigned to District Judge Richard E. Myers, II for all further proceedings. District Judge James C. Dever, III is no longer assigned to case. All future filings shall reflect the revised case number of 4:16-cv-84-M. Signed by Peter A. Moore, Jr., Clerk of Court on 1/7/2020. (Moore, P. ) |
Filing 427 STATUS REPORT Joint Status Report by Ford Motor Company (Ries, Addie) |
Filing 426 Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh.Settlement Conference held on 10/30/2019. Parties present with counsel. The court makes brief opening remarks. The parties break for discussions. At 4:45 pm the settlement conference ended in an impasse. (Court Reporter - FTR) (Horton, B.) Modified on 11/7/2019 to correct docket text (Horton, B.). |
Filing 425 ORDER granting #424 Motion to Excuse In-Person Attendance of Corporate Representative at Settlement Conference. Signed by US Magistrate Judge James E. Gates on 10/28/2019. (Sellers, N.) |
Motion Referred to US Magistrate Judge James E. Gates regarding #424 First MOTION to Excuse In-Person Attendance of Corporate Representative at Settlement Conference. (Sellers, N.) |
Filing 424 First MOTION to Excuse In-Person Attendance of Corporate Representative at Settlement Conference filed by Borg-Warner Morse Tec, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Levy, David) |
Filing 423 ORDER granting #420 Motion to Modify Attendance Requirement for Settlement Conference. Signed by US Magistrate Judge James E. Gates on 10/16/2019. (Sellers, N.) |
Filing 422 Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh. Telephone Conference held on 10/16/2019. Counsel for the parties participated in the telephone conference. The court inquired as to how many rooms were needed for the upcoming settlement conference. Defense counsel advises the court that 3 rooms are needed. (Court Reporter - FTR) (Horton, B.) |
Filing 421 ORDER granting #418 Motion Excusal from Mandatory Attendance of Settlement Conference per Local Rule 101.2. Signed by US Magistrate Judge James E. Gates on 10/10/2019. (Sellers, N.) |
Filing 420 MOTION to Modify Attendance Requirement for Settlement Conference filed by Honeywell International, Inc.. (Attachments: #1 Text of Proposed Order) (Walters, Jason) |
Filing 419 Notice of Appearance filed by Jason Larry Walters on behalf of Honeywell International, Inc.. (Walters, Jason) |
Filing 418 MOTION Excusal from Mandatory Attendance of Settlement Conference per Local Rule 101.2 regarding #417 Order filed by Navistar, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Starr, William) |
Motion Referred to US Magistrate Judge James E. Gates regarding #420 MOTION to Modify Attendance Requirement for Settlement Conference, #418 MOTION Excusal from Mandatory Attendance of Settlement Conference per Local Rule 101.2 regarding #417 Order. (Sellers, N.) |
Filing 417 ORDER regarding attendance at court-hosted settlement conference. Signed by US Magistrate Judge James E. Gates on 9/11/2019. (Sellers, N.) |
Filing 416 Order Setting Hearings - Settlement Conference set for 10/30/2019 at 10:00 AM in Raleigh - 6th Floor Courtroom before Magistrate Judge James E. Gates. Telephonic Status Conference set for 10/16/2019 at 02:00 PM before Magistrate Judge James E. Gates. The motion (D.E. 414) filed on 3 September 2019 by defendant Honeywell International Inc. to excuse the in-person attendance of one of its officers, managers, or directors is DENIED without prejudice to renew in accordance with the requirements of this order. Counsel should read the order in its entirety for critical deadlines and information. Signed by US Magistrate Judge James E. Gates on 9/9/2019. (Sellers, N.) |
Filing 415 Notice filed by Jack Howard Cox, Sr Regarding Mediation Dates. (Braly, Benjamin) |
Filing 414 MOTION Modify Settlement Conference Attendance filed by Honeywell International, Inc.. (Attachments: #1 Text of Proposed Order) (Davis, H.) |
Motion Referred to US Magistrate Judge James E. Gates regarding #414 MOTION Modify Settlement Conference Attendance. (Sellers, N.) |
Filing 413 ORDER regarding scheduling of the court-hosted settlement conference. Counsel should read the order in its entirety for critical deadlines and information. Signed by US Magistrate Judge James E. Gates on 8/20/2019. (Sellers, N.) |
Filing 412 ORDER - Numerous motions are pending [D.E. 315, 316, 321, 323, 324, 325, 328, 332, 335, 338, 340, 343, 345, 347, 348, 349, 355, 374, 389, 390, 392]. The court DENIES without prejudice all pending motions and DIRECTS the parties to participate in a court-hosted mediation with United States Magistrate Judge Gates. Judge Gates will notify the parties how he wishes to proceed concerningthe mediation, and the date on which it will be held. If the parties are unable to resolve this case, each party shall advise the court which motions that the court needs to resolve on the merits. The court will then resolve the relevant motions on the merits. Signed by District Judge James C. Dever III on 8/20/2019. (Sellers, N.) |
Filing 411 Notice of Appearance filed by Audrey Snyder on behalf of All Plaintiffs. (Snyder, Audrey) |
Filing 410 ORDER granting #407 Motion to Dismiss. IT IS THEREFORE ORDERED that the action of Plaintiff, Jack Howard Cox, Sr., Executor of the Estate of Percy Ray Cox against Defendant Deere & Company, be DISMISSED WITHOUT PREJUDICE. Each party to bear its own costs. Signed by District Judge James C. Dever III on 5/4/2019. (Sellers, N.) |
Filing 409 ORDER granting #406 Motion to Dismiss. IT IS THEREFORE ORDERED that the action of Plaintiff, Jack Howard Cox, Sr., Executor of the Estate of Percy Ray Cox against Defendant Caterpillar, Inc., be DISMISSED WITHOUT PREJUDICE. Each party to bear its own costs. Signed by District Judge James C. Dever III on 5/4/2019. (Sellers, N.) |
Motion Submitted to District Judge James C. Dever III regarding #407 MOTION to Dismiss, #406 MOTION to Dismiss. #408 Status Report also submitted to District Judge James C. Dever III. (Sellers, N.) |
Filing 408 STATUS REPORT (JOINT) by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 407 Amended Joint MOTION to Dismiss #404 Joint MOTION to Dismiss filed by Deere & Company, Inc.. (Attachments: #1 Text of Proposed Order) (Starr, William) Modified on 4/24/2019 - change the motion type to correspond with document filed. (Sellers, N.) |
Filing 406 Amended Joint MOTION to Dismiss #405 Joint MOTION to Dismiss filed by Caterpillar, Inc. (Attachments: #1 Text of Proposed Order) (Starr, William) Modified on 4/24/2019 - changed motion type to correspond with the document filed. (Sellers, N.) |
Filing 405 DISREGARD. Corrected and re-filed at #406 . Joint MOTION to Dismiss filed by Caterpillar, Inc.. (Attachments: #1 Text of Proposed Order) (Starr, William) Modified on 4/24/2019 (Sellers, N.). |
Filing 404 DISREGARD. Corrected and re-filed at #407 . Joint MOTION to Dismiss filed by Deere & Company, Inc.. (Attachments: #1 Text of Proposed Order) (Starr, William) Modified on 4/24/2019 (Sellers, N.). |
Filing 403 STATUS REPORT ORDER - Not later than April 26, 2019, the parties shall file a joint statement updating the court on the status of this case. That report shall advise the court of the status of settlement negotiations. The parties also shall submit proposed trial dates for 2019. This matter will be set for trial by separate order. Signed by District Judge James C. Dever III on 4/18/2019. (Sellers, N.) |
Filing 402 SUGGESTION OF BANKRUPTCY Upon the Record by Maremont Corporation (Early, William) |
Motion Submitted to District Judge James C. Dever III regarding #338 MOTION for Summary Judgment, #348 MOTION for Joinder Ford Motor Company's Daubert Motion, #324 MOTION to Strike #323 MOTION to Strike and Exclude Saranac Evidence under Daubert and 703, #343 MOTION to Strike Opinions of Dr. Brody pursuant Daubert and 702, #335 MOTION for Summary Judgment, #321 MOTION in Limine DAUBERT MOTION TO PRECLUDE EVIDENCE SUGGESTING THAT CHRYSOTILE ASBESTOS USED IN BRAKES CAUSES MESOTHELIOMA OR THAT EVERY EXPOSURE COUNTS AND REQUEST FOR HEARING, #316 MOTION for Summary Judgment, #328 MOTION for Summary Judgment, #340 MOTION for Summary Judgment, #332 MOTION for Summary Judgment, #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses, #392 MOTION for Joinder, #347 MOTION for Joinder in Honeywell International Inc.'s Daubert Motion, #323 MOTION to Strike and Exclude Saranac Evidence, #390 MOTION for Joinder re: Defendant Ford's Reply in Support of its Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody, #389 MOTION for Joinder re: Defendant Honeywell's Reply in Support of its Daubert Motion, #345 MOTION to Strike Opinions of Dr. Holstein pursuant Daubert and 702, #325 MOTION in Limine Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody, #355 MOTION for Partial Summary Judgment , #349 MOTION for Joinder in Honeywell International Inc.'s Memorandum in Support of its Daubert Motion, #374 MOTION for Joinder. (Sellers, N.) |
Filing 401 ORDER granting #399 Motion to Dismiss. All of Plaintiff's claims against Standard Motor Products, Inc. are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by District Judge James C. Dever III on 12/20/2018. (Sellers, N.) |
Filing 400 ORDER granting #398 Motion to Dismiss. All of Plaintiff's claims against ParkerHannifin Corporation are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by District Judge James C. Dever III on 12/20/2018. (Sellers, N.) |
Filing 399 Joint MOTION to Dismiss Claims Against Defendant Standard Motor Products filed by Standard Motor Products, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal of Defendant Standard Motor Products) (Proffitt, Robert) |
Filing 398 Joint MOTION to Dismiss Claims Against Defendant Parker Hannifin filed by Parker-Hannifin Corporation. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal of Parker Hannifin) (Proffitt, Robert) |
Motion Submitted to District Judge James C. Dever III regarding #398 Joint MOTION to Dismiss Claims Against Defendant Parker Hannifin, #399 Joint MOTION to Dismiss Claims Against Defendant Standard Motor Products. (Sellers, N.) |
Notice to Counsel - This is a second notice regarding docket entries #318 , #326 , #368 , #380 , and #383 in the above captioned case. Pursuant to Judge Dever's Practice and Procedures located on the courts website, http://www.nced.uscourts.gov/html/chambersJCD.htm, counsel shall provide a single-sided, file-stamped courtesy copy of ALL documents containing twenty (20) or more pages, including all attachments and/or exhibits. All courtesy copies should be mailed or delivered to the Case Manager, U.S. District Court, Eastern District of North Carolina, 310 New Bern Avenue, Raleigh, North Carolina 27601. Documents will be held for submission until courtesy copies have been received. (Sellers, N.) |
Filing 397 TEXT ORDER finding as moot #327 Motion for Judgment on the Pleadings. Signed by District Judge James C. Dever III on 11/30/2018. (Hayes, Lyndsay) |
Filing 396 TEXT ORDER finding as moot #322 Motion for Summary Judgment. Signed by District Judge James C. Dever III on 11/30/2018. (Hayes, Lyndsay) |
Filing 395 TEXT ORDER finding as moot #319 Motion for Judgment on the Pleadings. Signed by District Judge James C. Dever III on 11/30/2018. (Hayes, Lyndsay) |
Notice to Counsel - This is a notice regarding docket entries #315 , #318 , #324 , #326 , #341 , #342 , #344 , #346 , #357 , #362 , #346 , #365 , #367 , #368 , #369 , #371 , #375 , #377 , #380 , #382 , #383 , #384 , #385 , #386 , #387 , #388 , and #391 . Pursuant to Judge Dever's Practice and Procedures located on the courts website,http://www.nced.uscourts.gov/html/chambersJCD.htm, counsel shall provide a single-sided, file-stamped courtesy copy of ALL documents containing twenty (20) or more pages, including all attachments and/or exhibits. All courtesy copies should be mailed or delivered to the Case Manager, U.S. District Court, Eastern District of North Carolina, 310 New Bern Avenue, Raleigh, North Carolina 27601. Documents will be held for submission until courtesy copies have been received. (Sellers, N.) |
Filing 394 ORDER granting #378 Motion to Dismiss. All of Plaintiff's claims against McCord Corporation are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by District Judge James C. Dever III on 11/20/2018. (Sellers, N.) |
Filing 393 ORDER granting #359 Motion to Dismiss. All of Plaintiffs' claims against ArvinMeritor, Inc. are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by District Judge James C. Dever III on 11/20/2018. (Sellers, N.) |
Filing 392 MOTION for Joinder regarding #387 Ford's Reply to Plaintiff's Statement of Additional Material Facts filed by Honeywell International, Inc.. (Davis, H.) Modified on 8/20/2019 - added to docket entry relationship. (Sellers, N.) |
Filing 391 REPLY to Response to Motion regarding #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Braly, Benjamin) |
Filing 390 MOTION for Joinder regarding #382 Defendant Ford's Reply in Support of its Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody filed by Borg-Warner Morse Tec, Inc.. (Levy, David) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 389 MOTION for Joinder regarding #380 Defendant Honeywell's Reply in Support of its Daubert Motion filed by Borg-Warner Morse Tec, Inc.. (Levy, David) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 388 RESPONSE regarding #361 Response to Pneumo Abex's Statement of Material Facts filed by Pneumo Abex LLC. (Attachments: #1 Exhibit 06.01.01 LeCour Transcript, #2 Exhibit 03.04.15 Frantz Transcript, #3 Exhibit 12.08.09 LeCour Transcript, #4 Exhibit 10.01.79 Abex Letter to GPC) (Bouch, Timothy) |
Filing 387 RESPONSE regarding #372 Statement of Material Facts filed by Ford Motor Company. (Attachments: #1 Exhibit A - C. Cox Dep. Ex. 2, #2 Exhibit B - J. Cox. Dep. Ex. 3) (Ries, Addie) |
Filing 386 REPLY to Response to Motion regarding #338 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit A - C. Cox Dep. Ex. 2, #2 Exhibit B. J. Cox Dep. Ex. 3) (Ries, Addie) |
Filing 385 Memorandum in Support regarding #340 MOTION for Summary Judgment , #362 Response in Opposition to Motion, filed by Pneumo Abex LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Bouch, Timothy) |
Filing 384 REPLY to Response to Motion regarding #316 MOTION for Summary Judgment filed by Honeywell International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Davis, H.) |
Filing 383 Statement of Material Facts regarding #316 MOTION for Summary Judgment Reply to Plaintiff's Statement of Additional Material Facts filed by Honeywell International, Inc.. (Attachments: #1 Exhibit 1) (Davis, H.) |
Filing 382 REPLY to Response to Motion regarding #325 MOTION in Limine Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody filed by Ford Motor Company. (Attachments: #1 Exhibit A - John Crane's briefing in Gore, #2 Exhibit B - Chart of Studies, #3 Exhibit C - Ford's briefing on Plaintiffs' Motion to Reconsider in Yates) (Ries, Addie) |
Filing 381 RESPONSE in Support regarding #355 MOTION for Partial Summary Judgment filed by Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 380 REPLY to Response to Motion regarding #321 MOTION in Limine DAUBERT MOTION TO PRECLUDE EVIDENCE SUGGESTING THAT CHRYSOTILE ASBESTOS USED IN BRAKES CAUSES MESOTHELIOMA OR THAT EVERY EXPOSURE COUNTS AND REQUEST FOR HEARING filed by Honeywell International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Davis, H.) |
Filing 379 REPLY to Response to Motion regarding #328 MOTION for Summary Judgment filed by Navistar, Inc.. (Attachments: #1 Exhibit A - June 21, 2017 Deposition of Jack Cox, #2 Exhibit B - June 20, 2017 Deposition of Jack Cox, #3 Exhibit C - November 7, 2017 Deposition of Craig Cox, #4 Exhibit D - Unpublished Cases) (Starr, William) |
Filing 378 Joint MOTION to Dismiss filed by McCord Corporation. (Attachments: #1 Text of Proposed Order) (Twilley, Allyson) |
Motion Submitted to District Judge James C. Dever III regarding #378 Joint MOTION to Dismiss. (Sellers, N.) |
Filing 377 RESPONSE in Opposition regarding #343 MOTION to Strike Opinions of Dr. Brody pursuant Daubert and 702, #345 MOTION to Strike Opinions of Dr. Holstein pursuant Daubert and 702, #321 MOTION in Limine DAUBERT MOTION TO PRECLUDE EVIDENCE SUGGESTING THAT CHRYSOTILE ASBESTOS USED IN BRAKES CAUSES MESOTHELIOMA OR THAT EVERY EXPOSURE COUNTS AND REQUEST FOR HEARING, #325 MOTION in Limine Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody filed by Jack Howard Cox, Sr. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52) (Braly, Benjamin) |
Filing 376 WITHDRAWAL of Motion #351 Motion for Summary Judgment, #352 Motion for Summary Judgment by Parker-Hannifin Corporation, Standard Motor Products, Inc.. and Withdrawal in Part of #315 Plaintiff's Daubert Motion as to certain experts (Proffitt, Robert) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.). |
Filing 375 RESPONSE in Opposition regarding #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses filed by Ford Motor Company. (Attachments: #1 Index, #2 Exhibit A - Plaintiff's Response to Ford's Daubert Motion in Yates, #3 Exhibit B - Ford's Expert Witness Designation, #4 Exhibit C - - Ford's Supplemental Expert Witness Designation, #5 Exhibit D - Comparison Chart of authorities cited by Plaintiff in Cox to citations of the same authorities in Yates, #6 Exhibit E - Dr. David Garabrants slides submitted to the Court as DE 422-2 in Yates) (Ries, Addie) |
Filing 374 MOTION for Joinder regarding #368 Response to #315 Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendants' Experts filed by Borg-Warner Morse Tec, Inc.. (Levy, David) Modified on 8/20/2019 - added docket entry relationships. (Sellers, N.) |
Filing 373 Memorandum in Opposition regarding #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses filed by Navistar, Inc.. (Starr, William) |
Filing 372 Statement of Material Facts regarding #338 MOTION for Summary Judgment (Plaintiff's Opposition) filed by Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 371 RESPONSE in Opposition regarding #328 MOTION for Summary Judgment filed by Jack Howard Cox, Sr. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25) (Braly, Benjamin) |
Filing 370 RESPONSE regarding #329 Statement of Material Facts, filed by Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 369 RESPONSE in Opposition regarding #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses filed by Pneumo Abex LLC. (Attachments: #1 Exhibit Ex A Disclosures & Reports, #2 Exhibit Ex B Ref Guide on Epidemiology, #3 Exhibit Ex C Garabrant Testimony) (Bouch, Timothy) |
Filing 368 RESPONSE in Opposition regarding #315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses filed by Honeywell International, Inc.. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Davis, H.) |
Filing 367 RESPONSE in Opposition regarding #316 MOTION for Summary Judgment filed by Jack Howard Cox, Sr. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44) (Braly, Benjamin) |
Filing 366 RESPONSE regarding #317 Statement of Material Facts filed by Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 365 RESPONSE in Opposition regarding #338 MOTION for Summary Judgment filed by Jack Howard Cox, Sr. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25) (Braly, Benjamin) |
Filing 364 RESPONSE in Opposition regarding #355 MOTION for Partial Summary Judgment filed by Jack Howard Cox, Sr. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) (Braly, Benjamin) |
Filing 363 RESPONSE regarding #357 Statement of Material Facts, filed by Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 362 RESPONSE in Opposition regarding #340 MOTION for Summary Judgment filed by Jack Howard Cox, Sr. (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) (Braly, Benjamin) |
Filing 361 RESPONSE regarding #341 MOTION for Summary Judgment Statement of Material Facts filed by Jack Howard Cox, Sr. (Braly, Benjamin) |
Filing 360 STATUS REPORT by Jack Howard Cox, Sr (Braly, Benjamin) |
Motion Submitted to District Judge James C. Dever III regarding #359 Joint MOTION to Dismiss Claims Against ArvinMeritor, Inc.. (Sellers, N.) |
Filing 359 Joint MOTION to Dismiss Claims Against ArvinMeritor, Inc. filed by Arvinmeritor. (Attachments: #1 Text of Proposed Order) (Early, William) |
Filing 358 ORDER granting #312 Motion for Leave to File Excess Pages. The page limit for Honeywell's memorandum in support of its Daubert motion to exclude the testimony of Drs. Kradin, Holstein and Brody is hereby enlarged by seven (7) pages. Signed by District Judge James C. Dever III on 10/20/2018. (Sellers, N.) |
Filing 357 Statement of Material Facts regarding #355 MOTION for Partial Summary Judgment filed by Borg-Warner Morse Tec, Inc.. (Attachments: #1 Appendix, #2 Exhibit Depo of Jack Cox, Jr., #3 Exhibit Depo of Craig Cox, #4 Exhibit Autopsy report) (Levy, David) |
Filing 356 Memorandum in Support regarding #355 MOTION for Partial Summary Judgment filed by Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 355 MOTION for Partial Summary Judgment filed by Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 354 MOTION for Joinder in Ford Motor Company's Daubert Motion filed by Parker-Hannifin Corporation. (Proffitt, Robert) |
Filing 353 MOTION for Joinder in Ford Motor Company's Daubert Motion filed by Standard Motor Products, Inc.. (Proffitt, Robert) |
Filing 352 MOTION for Summary Judgment filed by Parker-Hannifin Corporation. (Attachments: #1 Memo in Support, #2 Statement of Facts, #3 Appendix, #4 EX A, #5 EX B) (Proffitt, Robert) |
Filing 351 MOTION for Summary Judgment filed by Standard Motor Products, Inc.. (Attachments: #1 Memo in Support, #2 Statement of Facts, #3 Appendix, #4 EX A, #5 EX B) (Proffitt, Robert) |
Filing 350 MOTION for Summary Judgment filed by Standard Motor Products, Inc.. (Proffitt, Robert) |
Filing 349 MOTION for Joinder in #326 Honeywell International Inc.'s Memorandum in Support of its Daubert Motion filed by Borg-Warner Morse Tec, Inc.. (Levy, David) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 348 MOTION for Joinder #325 Ford Motor Company's Daubert Motion filed by Borg-Warner Morse Tec, Inc.. (Levy, David) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 347 MOTION for Joinder in #321 Honeywell International Inc.'s Daubert Motion filed by Borg-Warner Morse Tec, Inc. (Levy, David) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 346 Memorandum in Support of Motion to Strike Dr. Holstein regarding #345 MOTION to Strike Opinions of Dr. Holstein pursuant Daubert and 702 filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bouch, Timothy) Modified on 11/30/2018 - wrong event used, changed docket text and added docket entry relationship. (Sellers, N.) |
Filing 345 MOTION to Strike Opinions of Dr. Holstein pursuant Daubert and 702 filed by Pneumo Abex LLC. (Bouch, Timothy) |
Filing 344 Memorandum in Support of Motion to Strike Dr. Brody regarding #343 MOTION to Strike Opinions of Dr. Brody pursuant Daubert and 702 filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bouch, Timothy) Modified on 11/30/2018 - wrong event used, changed docket text and added docket entry relationship. (Sellers, N.) |
Filing 343 MOTION to Strike Opinions of Dr. Brody pursuant Daubert and 702 filed by Pneumo Abex LLC. (Bouch, Timothy) |
Filing 342 Memorandum in Support regarding #340 Motion for Summary Judgment filed by Pneumo Abex LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bouch, Timothy) Modified on 11/30/2018 - wrong event used, changed docket text and added docket entry relationship. (Sellers, N.) |
Filing 341 Statement of Material Facts regarding #340 MOTION for Summary Judgment filed by Pneumo Abex LLC. (Attachments: #1 Appendix Exhibit A, #2 Appendix Exhibit B, #3 Appendix Exhibit C) (Bouch, Timothy) Modified on 11/30/2018 - wrong event used. Edited docket text to correspond with document filed. (Sellers, N.) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 340 MOTION for Summary Judgment filed by Pneumo Abex LLC. (Bouch, Timothy) |
Filing 339 Memorandum in Support regarding #338 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Index, #2 Exhibit 1 - Deposition of Jack Cox, #3 Exhibit 2 - Deposition of William M. Ewing, #4 Exhibit 3 - Deposition of Edwin Holstein, MD, #5 Exhibit 4 - Deposition of William M. Ewing, CIH in Waters, #6 Exhibit 5 - Agner v. Daniel Int'l Corp., #7 Exhibit 6 - Finch v. BASF, #8 Exhibit 7 - Expert Report of William M. Ewing, #9 Exhibit 8 - Expert Report of Dr. Richard Kradin, #10 Exhibit 9 - Yates v. Ford, #11 Exhibit 10 - Sisk v. Abbot Labs, #12 Exhibit 11 - Declaration of Dennis Paustenbach, #13 Exhibit 12 - Expert Report of Dennis Paustenbach, #14 Exhibit 13 - Testimony of Arnold Brody, PhD in Herring) (Ries, Addie) |
Filing 338 MOTION for Summary Judgment filed by Ford Motor Company. (Ries, Addie) |
Filing 337 Memorandum in Support regarding #335 MOTION for Summary Judgment filed by Caterpillar, Inc. (Attachments: #1 Exhibit A - Deposition of Jack Cox 06.20.17, #2 Exhibit B - Deposition of Craig Cox, #3 Exhibit C - Unpublished Opinions, #4 Exhibit D - Deposition of Jack Cox 06.21.17) (Starr, William) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 336 Statement of Material Facts regarding #335 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Deposition of Jack Cox 06.20.17, #3 Exhibit C - Deposition of Craig Cox, #4 Exhibit D - Deposition of Jack Cox 06.21.18) (Starr, William) |
Filing 335 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Starr, William) |
Filing 334 Memorandum in Support regarding #332 MOTION for Summary Judgment filed by Deere & Company, Inc.. (Attachments: #1 Exhibit A - Deposition of Jack Cox 06.20.17, #2 Exhibit B - Deposition of Craig Cox, #3 Exhibit C - Unpublished Opinions, #4 Exhibit D - Deposition of Jack Cox 06.21.17) (Starr, William) Modified on 8/20/2019 - added docket entry relationship. (Sellers, N.) |
Filing 333 Statement of Material Facts regarding #332 MOTION for Summary Judgment filed by Deere & Company, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Deposition of Jack Cox 06.20.17, #3 Exhibit C - Deposition of Craig Cox, #4 Exhibit D - Deposition of Jack Cox 06.21.17) (Starr, William) |
Filing 332 MOTION for Summary Judgment filed by Deere & Company, Inc.. (Starr, William) |
Filing 331 Memorandum in Support regarding #325 MOTION in Limine Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody filed by Ford Motor Company. (Attachments: #1 Index, #2 Exhibit A - List of Cases Rejecting the Each and Every Exposure theory, #3 Exhibit B - Expert Report of Richard Kradin, MD, #4 Exhibit C - Expert Report of Edwin Holstein, MD, #5 Exhibit D - Deposition of Edwin Holstein, MD, #6 Exhibit E - Deposition of Richard Kradin, MD, #7 Exhibit F - Expert Report of Richard L. Attanoos, #8 Exhibit G - Supplemental Expert Report of Richard L. Attanoos, #9 Exhibit H - Deposition of Richard Kradin, MD in Doolin, #10 Exhibit I - Expert Report of Gabor Mezei, M.D., Ph.D., #11 Exhibit J - Deposition of Jack Cox, #12 Exhibit K - Deposition of William M. Ewing, CIH, #13 Exhibit L - Expert Report of Arnold Brody, PhD, #14 Exhibit M - Deposition of Richard Kradin, MD in Ross, #15 Exhibit N - Deposition of Arnold Brody in Yates, #16 Exhibit O - Trial Testimony of Richard Kradin, MD in Zierer, #17 Exhibit P - Deposition of Edwin Holstein, MD in Whitmire, #18 Exhibit Q - Affidavit of Victor Roggli, #19 Exhibit R - Deposition of Edwin Holstein, MD in Reed, #20 Exhibit S - Nelson v. Am. Std., #21 Exhibit T - Deposition of Edwin Holstein, MD in Thomas, #22 Exhibit U - Doolin v. Ford, #23 Exhibit V - Langer Study, #24 Exhibit W - Fisher Study, #25 Exhibit X - Fubini Study, #26 Exhibit Y - Valentine Study, #27 Exhibit Z - Berntstein 2014 Study, #28 Exhibit AA - Bernstiein 2015 Study, #29 Exhibit BB - Expert Report of David H. Garabrant, #30 Exhibit CC - Trial Testimony of Arnold Brody, PhD in Herring, #31 Exhibit DD - Deposotion of Richard Kradin, MD in Currie, #32 Exhibit EE - Garabrant Study, #33 Exhibit FF - Goodman Study, #34 Exhibit GG - Free v. Ametek, #35 Exhibit HH - Deposition of Richard Kradin, MD in Trimp, #36 Exhibit II - Deposition of Edwin Holstein, MD in Connor, #37 Exhibit JJ - Welch Amicus Brief, #38 Exhibit KK - Deposition of Laura Welch) (Ries, Addie) |
Filing 330 Memorandum in Support regarding #328 MOTION for Summary Judgment filed by Navistar, Inc.. (Attachments: #1 Exhibit A - Deposition of Jack Cox 06.20.17, #2 Exhibit B - Deposition of Craig Cox, #3 Exhibit C - Deposition of Jack Cox 06.21.17, #4 Exhibit D - Unpublished Cases) (Starr, William) |
Filing 329 Statement of Material Facts regarding #328 MOTION for Summary Judgment filed by Navistar, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Deposition of Jack Cox 06.20.17, #3 Exhibit C - Deposition of Craig Cox, #4 Exhibit D - Deposition fo Jack Cox 06.21.17) (Starr, William) |
Filing 328 MOTION for Summary Judgment filed by Navistar, Inc.. (Starr, William) |
Filing 327 MOTION for Judgment on the Pleadings Word Count Certification filed by McCord Corporation. (Twilley, Allyson) |
Filing 326 Memorandum in Support regarding #321 MOTION in Limine DAUBERT MOTION TO PRECLUDE EVIDENCE SUGGESTING THAT CHRYSOTILE ASBESTOS USED IN BRAKES CAUSES MESOTHELIOMA OR THAT EVERY EXPOSURE COUNTS AND REQUEST FOR HEARING filed by Honeywell International, Inc.. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ) (Davis, H.) |
Filing 325 MOTION in Limine Daubert Motion to Exclude the Testimony of Drs. Kradin, Holstein and Brody filed by Ford Motor Company. (Ries, Addie) |
Filing 324 Memorandum in support regarding #323 MOTION to Strike and Exclude Saranac Evidence under Daubert and 703 filed by Pneumo Abex LLC. (Attachments: #1 Appendix Attachment A, #2 Appendix Attachment B, #3 Appendix Attachment C, #4 Appendix Attachment D, #5 Appendix Attachment E, #6 Appendix Attachment F, #7 Appendix Attachement G, #8 Appendix Attachment H, #9 Appendix Attachment I, #10 Appendix Attachment J, #11 Appendix Attachment K, #12 Appendix Attachment L, #13 Appendix Attachment M, #14 Appendix Attachment N, #15 Appendix Attachment O, #16 Exhibit 600, #17 Exhibit 600A, #18 Exhibit 601, #19 Exhibit 602, #20 Exhibit 603, #21 Exhibit 604, #22 Exhibit 605, #23 Exhibit 606, #24 Exhibit 607, #25 Exhibit 608, #26 Exhibit 611, #27 Exhibit 618, #28 Exhibit 632, #29 Exhibit 637, #30 Exhibit 638, #31 Exhibit 639.1, #32 Exhibit 639, #33 Exhibit 640.1, #34 Exhibit 640.1A, #35 Exhibit 640, #36 Exhibit 641, #37 Exhibit 642, #38 Exhibit 644, #39 Exhibit 652, #40 Exhibit 653, #41 Exhibit 681, #42 Exhibit 739.1, #43 Exhibit 739, #44 Exhibit 743, #45 Exhibit 746, #46 Exhibit 748, #47 Exhibit 783) (Bouch, Timothy) Modified on 8/20/2019 - changed docket text to reflect document attached. (Sellers, N.) |
Filing 323 MOTION to Strike and Exclude Saranac Evidence filed by Pneumo Abex LLC. (Attachments: #1 Text of Proposed Order) (Bouch, Timothy) |
Filing 322 MOTION for Summary Judgment filed by Arvinmeritor. (Attachments: #1 Memo in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Early, William) |
Filing 321 MOTION in Limine DAUBERT MOTION TO PRECLUDE EVIDENCE SUGGESTING THAT CHRYSOTILE ASBESTOS USED IN BRAKES CAUSES MESOTHELIOMA OR THAT EVERY EXPOSURE COUNTS AND REQUEST FOR HEARING filed by Honeywell International, Inc.. (Attachments: #1 Text of Proposed Order) (Davis, H.) |
Filing 320 Memorandum in Support regarding #316 MOTION for Summary Judgment filed by Honeywell International, Inc.. (Davis, H.) |
Filing 319 MOTION for Judgment on the Pleadings filed by McCord Corporation. (Attachments: #1 Memorandum In Support, #2 Exhibit Exhibit A to Memorandum in Support Unpublished Cases, #3 Certificate of Service) (Twilley, Allyson) |
Filing 318 Appendix to the Statement of Facts regarding #316 MOTION for Summary Judgment filed by Honeywell International, Inc.. (Attachments: #1 Exhibit A - Autopsy Report, #2 Exhibit B - Excerpts of Jack Cox Transcript, #3 Exhibit C - Excerpts of Joel Cohen Transcript) (Davis, H.) |
Filing 317 Statement of Material Facts regarding #316 MOTION for Summary Judgment filed by Honeywell International, Inc.. (Davis, H.) |
Filing 316 MOTION for Summary Judgment filed by Honeywell International, Inc.. (Attachments: #1 Text of Proposed Order) (Davis, H.) |
Filing 315 MOTION for Summary Judgment DAUBERT Motion to Exclude the Causation Opinions of Defendants' Expert Witnesses filed by Jack Howard Cox, Sr. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67) (Braly, Benjamin) |
Motion Submitted to Chief Judge James C. Dever III regarding #312 MOTION for Leave to File Excess Pages. (Sellers, N.) |
Filing 314 ORDER granting #311 Motion to Dismiss. The Defendant SPX are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by Chief Judge James C. Dever III on 10/12/2018. (Sellers, N.) |
Filing 313 STATUS REPORT ORDER - Status Report due by 11/2/2018. Signed by Chief Judge James C. Dever III on 10/11/2018. (Sellers, N.) |
Filing 312 MOTION for Leave to File Excess Pages filed by Honeywell International, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Davis, H.) |
Motion Submitted to Chief Judge James C. Dever III regarding #311 Joint MOTION to Dismiss claims against only SPX Corporation Individually and as Successor in Interest to Bear Automotive Service Equipment Company. (Sellers, N.) |
Filing 311 Joint MOTION to Dismiss claims against only SPX Corporation Individually and as Successor in Interest to Bear Automotive Service Equipment Company filed by SPX Corporation. (Attachments: #1 Text of Proposed Order) (Beaver, Gary) |
Filing 310 ORDER granting #309 Motion for Leave to File Excess Pages. The page limit for Ford's memorandum in support of its Daubert motion to exclude the testimony of Drs. Kradin, Holstein and Brody is hereby enlarged by seven (7) pages. Signed by Chief Judge James C. Dever III on 10/5/2018. (Sellers, N.) |
Motion Submitted to Chief Judge James C. Dever III regarding #309 MOTION for Leave to File Excess Pages. (Sellers, N.) |
Filing 309 MOTION for Leave to File Excess Pages filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie) |
Filing 308 ORDER granting #303 Motion to Dismiss. The action of Plaintiff, JACK HOWARD COX, SR., Executor of the Estate of PERCY RAY COX against Defendant CUMMINS INC. be dismissed without prejudice, and each party to bear its own fees and costs.To the extent that any cross-claims by or against Defendant CUMMINS INC., thosecross-claims are also hereby dismissed. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.) |
Filing 307 ORDER granting #284 Motion to Dismiss. The action of Plaintiff, Jack Howard Cox, Sr., Executor of the Estate of Percy Ray Cox against Defendant Toyota Motor Sales, U.S.A., Inc., only, be DISMISSED WITH PREJUDICE. Each party to bear its own costs. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.) |
Filing 306 ORDER granting #281 Motion to Dismiss. The Joint Motion is GRANTED, and theclaims of the Plaintiff Jack Howard Cox, Sr., Executor of the Estate of Percy Ray Cox, against Defendant Federal-Mogul Asbestos Personal Injury Trust, sued as successor to Felt-Products Manufacturing Co., are hereby DISMISSED WITH PREJUDICE, each party to bear their own costs. To the extent that any cross-claims by or against Defendant Federal-Mogul Asbestos Personal Injury Trust, sued as successor to Felt-Products Manufacturing Co., exist, those cross-claims are also hereby dismissed. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.) |
Filing 305 ORDER granting #271 Motion to Dismiss. The action of Plaintiff, Jack Howard Cox,Sr., Executor of the Estate of Percy Ray Cox against Defendant Nissan North America, Inc., be DISMISSED WITH PREJUDICE. Each party to bear its own costs. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.) |
Filing 304 ORDER granting #272 Motion to Dismiss. The action of Plaintiff, Jack Howard Cox,Sr., Executor of the Estate of Percy Ray Cox against Defendant American Honda Motor Co., Inc., be DISMISSED WITH PREJUDICE. Each party to bear its own costs. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.) |
Motion Submitted to Chief Judge James C. Dever III regarding #303 Joint MOTION to Dismiss. (Sellers, N.) |
Filing 303 Joint MOTION to Dismiss filed by Cummins, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Dismiss) (Shofner, Erin) |
Filing 302 Notice of Special Appearance for non-district by Kevin W. Paul on behalf of All Plaintiffs. (Paul, Kevin) |
Filing 301 Notice of Special Appearance for non-district by Kelvin T. Wyles on behalf of Borg-Warner Morse Tec, Inc.. (Wyles, Kelvin) |
Filing 300 Notice of Special Appearance for non-district by Kelvin T. Wyles on behalf of Borg-Warner Morse Tec, Inc.. (Wyles, Kelvin) |
Filing 299 Notice filed by Cummins, Inc. regarding #298 Notice - other (of Service of Amended Expert Designations). (Rubel, Douglas) |
Filing 298 Notice filed by Cummins, Inc. (of Service of Expert Designations). (Rubel, Douglas) |
Filing 297 Notice filed by Honeywell International, Inc. Service of Expert Reports. (Davis, H.) |
Filing 296 Notice filed by Maremont Corporation Service of Expert Reports. (Early, William) |
Filing 295 Notice filed by Arvinmeritor Service of Expert Reports. (Early, William) |
Filing 294 Notice filed by Ford Motor Company Notice of Service of Expert Disclosures. (Ries, Addie) |
Filing 293 Notice filed by Pneumo Abex LLC Service of Expert Reports. (Bouch, Timothy) |
Filing 292 Notice filed by Deere & Company, Inc., Navistar, Inc. (Service of Expert Reports). (Tomlin, Tracy) |
Filing 291 Notice filed by Borg-Warner Morse Tec, Inc. Service of Expert Reports. (Levy, David) |
Filing 290 STIPULATION of Dismissal With Prejudice by Dana Companies, LLC (Early, William) |
Filing 289 ORDER REFERRING MOTION: #255 Joint MOTION for Discovery to Reopen Depositions filed by Federal-Mogul Asbestos Personal Injury Trust is referred to Magistrate Judge Gates for disposition. Signed by Chief Judge James C. Dever III on 6/19/2018. (Jenkins, C.) |
Filing 288 ORDER granting #283 Joint Motion to Amend Scheduling Order. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 6/19/2018. (Jenkins, C.) |
Filing 287 ORDER granting #274 Motion to Withdraw as Attorney. Attorney Moffatt G. McDonald terminated. Signed by Chief Judge James C. Dever III on 6/19/2018. (Jenkins, C.) |
Filing 286 ORDER granting #275 Motion to Withdraw as Attorney. Attorney Scott E. Frick terminated. Signed by Chief Judge James C. Dever III on 6/19/2018. (Jenkins, C.) |
Filing 285 ORDER granting #273 Motion to Withdraw as Attorney. Attorney William David Conner terminated. Signed by Chief Judge James C. Dever III on 6/19/2018. (Jenkins, C.) |
Filing 284 Joint MOTION to Dismiss filed by Toyota Motor Sales U.S.A. Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Cleary, Patrick) |
Filing 283 Joint MOTION to Amend/Correct #241 Order on Motion to Amend/Correct,,,,, the Scheduling Order filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie) |
Motion Submitted to Chief Judge James C. Dever III regarding #273 MOTION to Withdraw as Attorney, #275 MOTION to Withdraw as Attorney, #283 Joint MOTION to Amend/Correct #241 Order on Motion to Amend the Scheduling Order, #281 Joint MOTION to Dismiss, #257 MOTION for Judgment on the Pleadings, #259 MOTION for Judgment on the Pleading, #284 Joint MOTION to Dismiss, #255 Joint MOTION for Discovery to Reopen Depositions, #265 MOTION for Judgment on the Pleadings, #263 MOTION for Judgment on the Pleadings, #261 MOTION for Judgment on the Pleadings, #271 Joint MOTION to Dismiss, #274 MOTION to Withdraw as Attorney, #272 Joint MOTION to Dismiss. (Briggeman, N.) |
Filing 282 Notice of Substitution of Counsel filed by William Michael Starr on behalf of Caterpillar, Inc. substituting for W. David Connor, Scott E. Frick, Moffatt G. McDonald and Charles M. Sprinkle, III. (Starr, William) |
Filing 281 Joint MOTION to Dismiss filed by Federal-Mogul Asbestos Personal Injury Trust. (Attachments: #1 Text of Proposed Order) (Seelbach, Robin) |
Filing 280 Notice of Appearance filed by William P Early on behalf of Dana Companies, LLC. (Early, William) |
Filing 279 Notice of Appearance filed by Carter T. Lambeth on behalf of Dana Companies, LLC. (Lambeth, Carter) |
Filing 278 Proposed Order regarding #275 MOTION to Withdraw as Attorney filed by Dana Companies, LLC. (Frick, Scott) |
Filing 277 Proposed Order regarding #274 MOTION to Withdraw as Attorney filed by Dana Companies, LLC. (McDonald, Moffatt) |
Filing 276 Proposed Order regarding #273 MOTION to Withdraw as Attorney filed by Dana Companies, LLC. (Conner, William) |
Filing 275 MOTION to Withdraw as Attorney filed by Dana Companies, LLC. (Frick, Scott) |
Filing 274 MOTION to Withdraw as Attorney filed by Dana Companies, LLC. (McDonald, Moffatt) |
Filing 273 MOTION to Withdraw as Attorney filed by Dana Companies, LLC. (Conner, William) |
Notice to Counsel regarding: #273 Motion to Withdraw as Attorney, #275 Motion to Withdraw as Attorney, #274 Motion to Withdraw as Attorney. The proposed orders attached to these motions display the incorrect case caption and case number. Please correct these proposed orders and file them using the event 'Proposed Order' found in the Responses and Replies category and linking them back to the motion to which it corresponds. (Briggeman, N.) |
Filing 272 Joint MOTION to Dismiss filed by American Honda Motor Co., Inc.. (Attachments: #1 Text of Proposed Order) (Starr, William) |
Filing 271 Joint MOTION to Dismiss filed by Nissan North America, Inc.. (Attachments: #1 Text of Proposed Order) (Starr, William) |
Filing 270 ORDER granting #269 Motion to Dismiss. Plaintiff's claims against the Defendant FMC are hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by Chief Judge James C. Dever III on 6/6/2018. (Briggeman, N.) |
Filing 269 Joint MOTION to Dismiss FMC Corporation Only filed by FMC Corporation. (Attachments: #1 Text of Proposed Order) (Beaver, Gary) |
Filing 268 Notice of Special Appearance for non-district by Lisa L. Oberg on behalf of Borg-Warner Morse Tec, Inc.. (Oberg, Lisa) |
Motion Submitted to Chief Judge James C. Dever III regarding #269 Joint MOTION to Dismiss FMC Corporation Only. (Briggeman, N.) |
Filing 267 RESPONSE in Opposition regarding #255 Joint MOTION for Discovery to Reopen Depositions of Jack Cox and Craig Cox filed by Jack Howard Cox, Sr. (Attachments: #1 Text of Proposed Order) (Braly, Benjamin) |
Filing 266 Memorandum in Support regarding #265 MOTION for Judgment on the Pleadings filed by American Honda Motor Co., Inc.. (Attachments: #1 Exhibit A - Autopsy Report, #2 Exhibit B - Death Certificate, #3 Exhibit C - Unpublished Cases) (Starr, William) |
Filing 265 MOTION for Judgment on the Pleadings filed by American Honda Motor Co., Inc.. (Starr, William) |
Filing 264 Memorandum in Support regarding #263 MOTION for Judgment on the Pleadings filed by Dana Companies, LLC. (Frick, Scott) |
Filing 263 MOTION for Judgment on the Pleadings filed by Dana Companies, LLC. (Frick, Scott) |
Filing 262 Memorandum in support regarding #261 Motion for Judgment on the Pleadings filed by Toyota Motor Sales U.S.A. Inc. (Attachments: #1 Exhibit A - Autopsy Report, #2 Exhibit B - Unpublished Cases) (Cleary, Patrick) Modified on 5/18/2018 - wrong event used, case manager changed docket text to correspond with document attached and added docket entry relationship. (Briggeman, N.) |
Filing 261 MOTION for Judgment on the Pleadings filed by Toyota Motor Sales U.S.A. Inc.. (Cleary, Patrick) |
Filing 260 Memorandum in Support regarding #259 MOTION for Judgment on the Pleadings filed by Federal-Mogul Asbestos Personal Injury Trust. (Attachments: #1 Exhibit 1 - Certified Death Certificate) (Seelbach, Robin) |
Filing 259 MOTION for Judgment on the Pleadings filed by Federal-Mogul Asbestos Personal Injury Trust. (Seelbach, Robin) |
Filing 258 Memorandum in Support regarding #257 MOTION for Judgment on the Pleadings filed by Nissan North America, Inc.. (Attachments: #1 Exhibit A - Autopsy Report of Percy Ray Cox, #2 Exhibit B - Unpublished Cases) (Starr, William) |
Filing 257 MOTION for Judgment on the Pleadings filed by Nissan North America, Inc.. (Starr, William) |
Filing 256 Memorandum in Support regarding #255 Joint MOTION for Discovery to Reopen Depositions filed by Federal-Mogul Asbestos Personal Injury Trust. (Seelbach, Robin) |
Filing 255 Joint MOTION for Discovery to Reopen Depositions filed by Federal-Mogul Asbestos Personal Injury Trust. (Seelbach, Robin) |
Filing 254 Notice of Special Appearance for non-district by W. Matthew Reber on behalf of FMC Corporation. (Reber, W.) |
Filing 253 Notice of Appearance filed by Erin Elaine Shofner on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Shofner, Erin) |
Notice to Counsel regarding: #252 Notice of Appearance. Pursuant to Local Civil Rule 83.1(d), when out-of-district counsel files notices of appearance or any other document, all documents must be signed by local counsel in addition to being signed by the filer. Please re-file in accordance with this rule. (Briggeman, N.) |
Filing 252 Notice of Appearance filed by Erin Elaine Shofner on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Shofner, Erin) |
Filing 251 Notice of Special Appearance for non-district by David A. Shaw on behalf of Standard Motor Products, Inc.. (Shaw, David) |
Filing 250 Notice of Special Appearance for non-district by David A. Shaw on behalf of Parker-Hannifin Corporation. (Shaw, David) |
Filing 249 Notice of Appearance filed by Allyson R. Twilley on behalf of McCord Corporation. (Twilley, Allyson) |
Filing 248 Notice of Appearance filed by Daniel B. White on behalf of McCord Corporation. (White, Daniel) |
Filing 247 Notice of Appearance filed by Ronald G. Tate on behalf of McCord Corporation. (Tate, Ronald) |
Filing 246 STIPULATION of Dismissal Without Prejudice by Meadwestvaco Corporation (Early, William) |
Notice to Counsel regarding: #245 Notice of Voluntary Dismissal. The defendant indicated in the dismissal is not a named defendant in the case. If counsel intended this document to dismiss the party Meadwestvaco Corporation, that defendant has filed answers to the complaint in this matter on 7/5/16 at #46 , in 7/26/17 at #159 , and on 11/22/17 at #195 . In order for the court to terminate this defendant, you must file a stipulation of dismissal pursuant to Fed.R.Civ.P. Rule 41(a)(1)(A)(ii). (Briggeman, N.) |
Filing 245 Notice of Voluntary Dismissal filed by Meadwestvaco Corporation as to WestRock MWV, LLC. (Early, William) |
Filing 244 Notice of Appearance filed by Daniel B. White on behalf of McCord Corporation. (White, Daniel) |
Filing 243 Notice of Appearance filed by Allyson R. Twilley on behalf of McCord Corporation. (Twilley, Allyson) |
Filing 242 WITHDRAWAL of Motion by McCord Corporation. regarding #237 MOTION to Amend/Correct #180 Order on Motion for Miscellaneous Relief, #156 Scheduling Order, filed by McCord Corporation (Dedman, James) |
Filing 241 ORDER granting #240 Motion to Amend Scheduling Order. The Scheduling Order [DE 156] is modified as follows: February 28, 2018: Service of Rule 26(a)(l) Initial Disclosures; April 19, 2018: Plaintiff's service of expert reports; May 16, 2018: Defendants' service of expert reports; June 16,2018: Close of fact discovery; August 16, 2018: Filing of all dispositive motions. The remainder of the scheduling order is unchanged. Signed by Chief Judge James C. Dever III on 2/10/2018. (Briggeman, N.) |
Motion Submitted to Chief Judge James C. Dever III: regarding #240 Joint MOTION to Amend/Correct #156 Scheduling Order, #237 MOTION to Amend #180 Order on Motion for Miscellaneous Relief, #156 Scheduling Order. (Briggeman, N.) |
Filing 240 Joint MOTION to Amend/Correct #156 Scheduling Order, filed by American Honda Motor Co., Inc., Deere & Company, Inc., Navistar, Inc., Nissan North America, Inc.. (Attachments: #1 Text of Proposed Order) (Starr, William) |
Filing 239 ORDER granting #238 Motion to Dismiss. The claims of the Plaintiff, Jack Howard Cox, Sr., Executor of the Estate of Percy Ray Cox, Deceased, against Defendant AGCO Corporation are hereby DISMISSED WITHOUT PREJUDICE, each party to bear their own costs. To the extent that any cross-claims by or against Defendant AGCO Corporation exist, those cross-claims are also hereby dismissed. Signed by Chief Judge James C. Dever III on 2/2/2018. (Briggeman, N.) |
Filing 238 Joint MOTION to Dismiss Defendant AGCO Corporation filed by AGCO Corporation. (Attachments: #1 Text of Proposed Order Proposed Order) (Brown, Kelly) |
Motion Submitted to Chief Judge James C. Dever III: regarding #238 Joint MOTION to Dismiss Defendant AGCO Corporation. (Briggeman, N.) |
Filing 237 MOTION to Amend/Correct #180 Order on Motion for Miscellaneous Relief, #156 Scheduling Order, filed by McCord Corporation. (Attachments: #1 Memorandum in Support of Motion to Amend Scheduling Order) (Dedman, James) |
Filing 236 Financial Disclosure Statement by McCord Corporation (Dedman, James) |
Filing 235 Notice of Appearance filed by James M. Dedman, IV on behalf of McCord Corporation. (Dedman, James) |
Filing 234 ANSWER to #189 Amended Complaint by McCord Corporation. (Dedman, James) |
Filing 233 Notice of Appearance filed by Robin A. Seelbach on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Seelbach, Robin) |
Filing 232 ANSWER to #189 Amended Complaint by Federal-Mogul Asbestos Personal Injury Trust. (Coltrain, Keith) |
Notice to Counsel regarding: #232 Answer to Amended Complaint. All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Briggeman, N.) |
Filing 231 Notice filed by Jack Howard Cox, Sr regarding #180 Order on Motion for Miscellaneous Relief, Notice of Service of Expert Reports on Behalf of Plaintiff. (Stone, Sabrina) |
Filing 230 Financial Disclosure Statement by American Honda Motor Co., Inc. (Tomlin, Tracy) |
Filing 229 ANSWER to #189 Amended Complaint (Second Amended Complaint) by American Honda Motor Co., Inc.. (Tomlin, Tracy) |
Filing 228 Notice of Appearance filed by William Michael Starr on behalf of American Honda Motor Co., Inc.. (Starr, William) |
Filing 227 Notice of Appearance filed by Tracy E. Tomlin on behalf of American Honda Motor Co., Inc.. (Tomlin, Tracy) |
TEXT ORDER granting Defendant McCord Corporation's Consent Motion for Extension of Time #226 . This defendant shall have up to and including January 25, 2018 to answer or otherwise respond to the Second Amended Complaint #189 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/4/2018. (Hockaday, A.) |
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding: #226 Consent MOTION for Extension of Time to File Answer regarding #189 Amended Complaint. (Briggeman, N.) |
Filing 226 Consent MOTION for Extension of Time to File Answer regarding #189 Amended Complaint filed by McCord Corporation. (Attachments: #1 Text of Proposed Order) (Dedman, James) |
Filing 225 Notice of Appearance filed by William Michael Starr on behalf of Nissan North America, Inc.. (Starr, William) |
Filing 224 Financial Disclosure Statement by Nissan North America, Inc. (Tomlin, Tracy) |
Filing 223 ANSWER to #189 Amended Complaint (Second Amended Complaint) by Nissan North America, Inc.. (Tomlin, Tracy) |
Filing 222 Notice of Appearance filed by Tracy E. Tomlin on behalf of Nissan North America, Inc.. (Tomlin, Tracy) |
Filing 221 ORDER granting #213 Motion to Dismiss. The claims of the Plaintiff, Jack Howard Cox, Sr., Executor of the Estate of Percy Ray Cox, Deceased, against Defendant METROPOLITAN LIFE INSURANCE COMPANY are hereby DISMISSED WITH PREJUDICE, each party to bear their own costs. To the extent that any cross-claims by or against Defendant METROPOLITAN LIFE INSURANCE COMPANY exist, those cross-claims are also hereby dismissed. Signed by Chief Judge James C. Dever III on 12/27/2017. (Briggeman, N.) |
Filing 220 ORDER granting #215 Motion for Extension of Time to Answer Federal-Mogul Asbestos Personal Injury Trust answer due 1/25/2018. Signed by Peter A. Moore, Jr., Clerk of Court on 12/22/2017. (Briggeman, N.) |
Filing 219 ANSWER to #189 Amended Complaint by Toyota Motor Sales U.S.A. Inc.. (Cleary, Patrick) |
Filing 218 Financial Disclosure Statement by Toyota Motor Sales U.S.A. Inc. (Cleary, Patrick) |
Filing 217 Notice of Appearance filed by Patrick James Cleary on behalf of Toyota Motor Sales U.S.A. Inc.. (Cleary, Patrick) |
Filing 216 Financial Disclosure Statement by Federal-Mogul Asbestos Personal Injury Trust (Coltrain, Keith) |
Filing 215 MOTION for Extension of Time to File Answer filed by Federal-Mogul Asbestos Personal Injury Trust. (Attachments: #1 Text of Proposed Order) (Coltrain, Keith) |
Filing 214 Notice of Appearance filed by Keith E. Coltrain on behalf of Federal-Mogul Asbestos Personal Injury Trust. (Coltrain, Keith) |
Motion Submitted to Chief Judge James C. Dever III: regarding #213 Joint MOTION to Dismiss Defendant Metropolitan Life Insurance Company. (Briggeman, N.) |
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding: #215 MOTION for Extension of Time to File Answer. (Briggeman, N.) |
Filing 213 Joint MOTION to Dismiss Defendant Metropolitan Life Insurance Company filed by Jack Howard Cox, Sr. (Attachments: #1 Text of Proposed Order) (Stone, Sabrina) |
Filing 212 ANSWER to #189 Amended Complaint by Toyota Motor Sales U.S.A. Inc.. (Cleary, Patrick) |
Filing 211 Financial Disclosure Statement by Toyota Motor Sales U.S.A. Inc. identifying Corporate Parent Toyota Motor Sales U.S.A. Inc. for Toyota Motor Sales U.S.A. Inc.. (Cleary, Patrick) |
Filing 210 Notice of Appearance filed by Patrick James Cleary on behalf of Toyota Motor Sales U.S.A. Inc.. (Cleary, Patrick) |
Filing 209 ANSWER to #189 Amended Complaint (Second Amended) by Dana Companies, LLC. (Frick, Scott) |
Notice to Counsel regarding: #210 Notice of Appearance. When out-of-district counsel files notices of appearance or any other document, all documents must be signed by local counsel in addition to being signed by the filer. See Local Rule 83.1(d), "Litigants in civil actions, except governmental agencies and parties appearing pro se, must be represented by at least one member of the bar of this court who shall sign all documents filed in this court, including his or her state bar number and fax number in the signature block on all pleadings." Please re-file with local counsel signature in addition to out-of-district counsel signature. (Briggeman, N.) |
Filing 208 ANSWER to #189 Amended Complaint by Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 207 ANSWER to #189 Amended Complaint (Second Amended) by Standard Motor Products, Inc.. (Cox, Ronald) |
Filing 206 ANSWER to #189 Amended Complaint (Second Amended) by Parker-Hannifin Corporation. (Cox, Ronald) |
Filing 205 ANSWER to #189 Amended Complaint by Caterpillar, Inc.. (Frick, Scott) |
Filing 204 ANSWER to #189 Amended Complaint (Second Amended) by Navistar, Inc.. (Tomlin, Tracy) |
Filing 203 ANSWER to #189 Amended Complaint (Second Amended) by Deere & Company, Inc.. (Tomlin, Tracy) |
Filing 202 ANSWER to #189 Amended Complaint by Honeywell International, Inc.. (Davis, H.) |
Filing 201 ANSWER to #189 Amended Complaint by AGCO Corporation. (Brown, Kelly) |
Filing 200 ANSWER to #189 Amended Complaint by Pneumo Abex LLC. (Bouch, Timothy) |
Filing 199 ANSWER to #189 Amended Complaint by Ford Motor Company. (Ries, Addie) |
Filing 198 ANSWER to #189 Amended Complaint by Cummins, Inc.. (Shofner, Erin) |
Filing 197 ANSWER to #189 Amended Complaint by SPX Corporation. (Beaver, Gary) |
Filing 196 ANSWER to #189 Amended Complaint by FMC Corporation. (Beaver, Gary) |
Filing 195 ANSWER to #189 Amended Complaint by Meadwestvaco Corporation. (Herns, Louis) |
Filing 194 ANSWER to #189 Amended Complaint by Maremont Corporation. (Early, William) |
Filing 193 ANSWER to #189 Amended Complaint by Arvinmeritor. (Early, William) |
Filing 192 Summonses Issued as to American Honda Motor Co., Inc., Dana Companies, LLC, Federal-Mogul Asbestos Personal Injury Trust, McCord Corporation, Nissan North America, Inc., Toyota Motor Sales U.S.A. Inc.. Counsel is reminded to print summonses and effect service. (Briggeman, N.) |
Filing 191 Notice filed by Jack Howard Cox, Sr regarding #189 Amended Complaint Proposed Summonses. (Stone, Sabrina) |
Filing 190 Notice filed by Jack Howard Cox, Sr regarding #189 Amended Complaint Proposed Summonses. (Stone, Sabrina) |
Notice to Counsel regarding: #189 Amended Complaint. No summonses provided for issuance or Waiver of Service filed for new Defendants. Please file proposed summonses using the event 'Notice-other' if you plan to serve the defendant using summonses. (Briggeman, N.) |
Filing 189 SECOND AMENDED COMPLAINT against All Defendants, filed by Jack Howard Cox, Sr. (Stone, Sabrina) |
Filing 188 ORDER granting #181 Motion for Leave to File second amended complaint. The second amended complaint is due no later than November 17, 2017. Defendants may plead in response to the amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by Chief Judge James C. Dever III on 11/14/2017. (Briggeman, N.) |
Filing 187 ORDER granting #148 Motion for Entry of Default against defendant Prestolite Performance, successor to Hayes Performance Brakes. Signed by Peter A. Moore, Jr., Clerk of Court on 11/13/2017. (Briggeman, N.) |
Filing 186 Notice filed by Jack Howard Cox, Sr regarding #184 Order on Motion for Entry of Default, . (Stone, Sabrina) |
Filing 185 Notice filed by Jack Howard Cox, Sr regarding #181 Consent MOTION for Leave to File Second Amended Complaint Red-Lined version. (Stone, Sabrina) |
Remark: #186 Notice referred to Peter A. Moore, Jr., Clerk of Court. (Jenkins, C.) |
NOTICE OF DEFICIENCY regarding: #183 Notice - other. This red-lined version of the amended complaint is very hard to read. Please re-submit the red-lined version without the editing pane on the side of the page. This editing view causes the font size to be too small to read. (Briggeman, N.) |
Filing 184 ORDER holding in abeyance #148 Motion for Entry of Default. Within 14 days of the entry date of this order, Plaintiff shall file a notice stating whetherthe clerk should proceed to rule on the motion, or whether he will be filing a motion with regard to the name of this defendant. Signed by Peter A. Moore, Jr., Clerk of Court on 10/6/2017. (Briggeman, N.) |
Motion Submitted to Chief Judge James C. Dever III: regarding #181 Consent MOTION for Leave to File Second Amended Complaint. (Briggeman, N.) |
Filing 183 DISREGARD. Correctly re-filed at #185 . Notice - 'Red-lined' version of Amended Complaint filed by Jack Howard Cox, Sr regarding #181 Consent MOTION for Leave to File Second Amended Complaint. (Stone, Sabrina) Modified on 9/20/2017 - added document description. (Briggeman, N.) Modified on 10/23/2017 (Briggeman, N.). |
Notice to Counsel regarding: #181 Motion for Leave to File. Pursuant to Local Civil Rule 15.1, a 'red-lined' version of the amended pleading showing in what respects the amended pleading differs from the original pleading is required to be filed when moving to amend a pleading. Please file this using the event 'Notice-other' and linking it back to the motion. (Briggeman, N.) |
Filing 182 Certificate of Service filed by Jack Howard Cox, Sr regarding #181 Consent MOTION for Leave to File Second Amended Complaint . (Stone, Sabrina) |
Filing 181 Unopposed MOTION for Leave to File Second Amended Complaint filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Stone, Sabrina) Modified on 9/18/2017 - changed docket text to reflect 'unopposed' rather than 'consent'. (Briggeman, N.) |
Filing 180 ORDER granting #179 Motion for Clarification of expert discovery deadlines set forth in the Scheduling Order. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 9/12/2017. (Briggeman, N.) |
Motion Submitted to Chief Judge James C. Dever III: regarding #179 MOTION Clarification of expert discovery deadlines set forth in the Scheduling Order regarding #156 Scheduling Order. (Briggeman, N.) |
Filing 179 MOTION Clarification of expert discovery deadlines set forth in the Scheduling Order regarding #156 Scheduling Order, filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie) |
Filing 178 ORDER granting #177 Motion to Dismiss. Signed by Chief Judge James C. Dever III on 8/14/2017. (Briggeman, N.) |
Motion Submitted to Chief Judge James C. Dever III: regarding #177 Joint MOTION to Dismiss. (Jenkins, C.) |
Filing 177 Joint MOTION to Dismiss filed by Hennessy Industries, Inc.. (Attachments: #1 Proposed Order) (Holmes, Janice) |
Filing 176 ANSWER to #157 Amended Complaint by Caterpillar, Inc.. (McDonald, Moffatt) |
Filing 175 ANSWER to #157 Amended Complaint by Standard Motor Products, Inc.. (Proffitt, Robert) |
Filing 174 ANSWER to #157 Amended Complaint by Parker-Hannifin Corporation. (Proffitt, Robert) |
Filing 173 ANSWER to #157 Amended Complaint by Pneumo Abex LLC. (Bouch, Timothy) |
Filing 172 ANSWER to #157 Amended Complaint (First) by Navistar, Inc.. (Tomlin, Tracy) |
Filing 171 ANSWER to #157 Amended Complaint (First) by Deere & Company, Inc.. (Tomlin, Tracy) |
Filing 170 ANSWER to #157 Amended Complaint by AGCO Corporation. (Brown, Kelly) |
Filing 169 ANSWER to #157 Amended Complaint by Cummins, Inc.. (Shofner, Erin) |
Filing 168 FMC Corporation's ANSWER to #157 Amended Complaint by FMC Corporation. (Beaver, Gary) |
Filing 167 SPX Corporation's ANSWER to #157 Amended Complaint by SPX Corporation. (Beaver, Gary) |
Filing 166 ANSWER to #157 Amended Complaint by Maremont Corporation. (Early, William) |
Filing 165 ANSWER to #157 Amended Complaint by Arvinmeritor. (Early, William) |
Filing 164 Answer to Plaintiff's First Amended Complaint, Affirmative Defenses, and Denial of All Cross Claims ANSWER to #157 Amended Complaint by Ford Motor Company. (Ries, Addie) |
Notice to Counsel regarding: #163 Notice of Change of Address. Counsel is reminded that in addition to filing a notice of change of address with the court, an attorney whose email address, mailing address, telephone or fax number has changed from that of the original online attorney registration form shall edit his or her account information also in CM/ECF. If you are unable to change this information in the system, please call the clerk's office at 919-645-1700. (Briggeman, N.) |
Filing 163 Notice of Change of Address filed by Tracy E. Tomlin filed by on behalf of Deere & Company, Inc., Navistar, Inc.. (Tomlin, Tracy) |
Filing 162 ANSWER to #157 Amended Complaint and to Cross-Claims of any and all other Defendants and Third-Party Defendants by Hennessy Industries, Inc.. (Holmes, Janice) |
Filing 161 ANSWER to #157 Amended Complaint by Honeywell International, Inc.. (Davis, H.) |
Filing 160 ANSWER to #157 Amended Complaint by Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 159 ANSWER to Complaint with Jury Demand by Meadwestvaco Corporation. (Herns, Louis) |
Filing 158 ANSWER to #157 Amended Complaint and to Cross-Claims of any and all other Defendants and Third-Party Defendants by Metropolitan Life Insurance Company. (Coltrain, Keith) |
Filing 157 AMENDED COMPLAINT against All Defendants, filed by Jack Howard Cox, Sr. (Stone, Sabrina) |
Filing 156 SCHEDULING ORDER: Discovery due by 3/16/2018. Motions due by 4/20/2018. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 7/17/2017. (Attachments: #1 Consent to United States Magistrate Judge Form) (Briggeman, N.) |
Filing 155 ORDER granting #149 Motion for Leave to File Amended Complaint. The amendedcomplaint is due no later than July 21, 2017. Defendants may plead in response to the amended complaint in accordance with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15(a)(3). Signed by Chief Judge James C. Dever III on 7/17/2017. (Briggeman, N.) |
Motion Submitted to Chief Judge James C. Dever III: regarding #154 MOTION for Discovery Scheduling Order, #153 MOTION for Discovery Scheduling Order. (Briggeman, N.) |
Filing 154 MOTION for Discovery Scheduling Order filed by Ford Motor Company. (Attachments: #1 Exhibit A - Defendants' Proposed Rule 26(f) Report and Discovery Order) (Ries, Addie) |
Filing 153 MOTION for Discovery Scheduling Order filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit EXH A - PLTS INDIV Rule 26(f) Report) (Stone, Sabrina) |
Motion Submitted to Chief Judge James C. Dever III: regarding #149 MOTION for Leave to File First Amended Complaint. (Briggeman, N.) |
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding: #148 MOTION for Entry of Default. (Briggeman, N.) |
Filing 152 Notice of Appearance for non-district by Brian M. Roth on behalf of Hennessy Industries, Inc.. (Roth, Brian) |
Filing 151 Notice of Appearance for non-district by Erin Elaine Shofner on behalf of Cummins, Inc.. (Shofner, Erin) |
Filing 150 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 5/26/2017. (Briggeman, N.) |
Filing 149 MOTION for Leave to File First Amended Complaint filed by Jack Howard Cox, Sr. (Attachments: #1 Text of Proposed Order proposed order, #2 Exhibit A, #3 Exhibit A-1, #4 Exhibit B) (Stone, Sabrina) |
Filing 148 MOTION for Entry of Default as to Defendant Prestolite Performance, Successor to Hayes Performance Brakes filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit A - Proof of Service, #2 Text of Proposed Order) (Stone, Sabrina) Modified on 5/26/2017 - changed docket text to correctly identify documents filed. (Briggeman, N.) |
Filing 147 Notice of Voluntary Dismissal filed by Jack Howard Cox, Sr Notice of Dismissal of Star Machine & Tool. (Stone, Sabrina) Modified on 5/26/2017 - clarified docket text. (Briggeman, N.) |
Filing 146 Notice of Appearance for non-district by Douglas Andrew Rubel on behalf of Cummins, Inc.. (Rubel, Douglas) |
Filing 145 MOTION to Amend/Correct #1 Complaint, Plaintiff's Motion for Leave to File Amended Complaint filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Exhibit B - "Red-lined" Proposed amended complaint, #3 Text of Proposed Order) (Stone, Sabrina) Modified on 5/10/2017 - added exhibit descriptions in docket text. (Briggeman, N.) |
Filing 144 DISREGARD. Corrected Motion re-filed at #145 . MOTION for Leave to File First Amended Complaint filed by Jack Howard Cox, Sr. (Attachments: #1 Exhibit A, #2 Text of Proposed Order B) (Stone, Sabrina) Modified on 5/10/2017 (Briggeman, N.). |
Filing 143 Notice regarding Attorney's planned vacation filed by Meadwestvaco Corporation. (Herns, Louis) Modified on 6/28/2017 - changed the motion to a notice and added document description in docket text per conversation with Mr. Herns' paralegal on 6/28/17. (Briggeman, N.) |
Filing 142 ORDER granting #35 Motion to Dismiss for Lack of Jurisdiction. All claims against Paccar, Inc. are hereby dismissed. Signed by Chief Judge James C. Dever III on 12/29/2016. (Briggeman, N.) |
Filing 141 Proposed Order regarding #35 MOTION to Dismiss for Lack of Jurisdiction (Amended) filed by Paccar, Inc.. (Rubel, Douglas) |
Filing 140 Proposed Order regarding #35 MOTION to Dismiss for Lack of Jurisdiction filed by Paccar, Inc.. (Rubel, Douglas) |
Notice to Counsel regarding: #35 Motion to Dismiss/Lack of Jurisdiction. Counsel is directed to file a proposed order using the event proposed order located in the Responses and Replies category. Counsel should also check the judges preference page on the EDNC website for other proposed order instructions. (Briggeman, N.) |
Filing 139 STIPULATION of Dismissal WITHOUT PREJUDICE OF PLAINTIFF'S FOURTH CAUSE OF ACTION AGAINST DEFENDANT STANDARD MOTOR PRODUCTS, INC. by Standard Motor Products, Inc. (Cox, Ronald) |
Filing 138 STIPULATION TO VOLUNTARILLY DISMISS WITHOUT PREJUDICE PLAINTIFF'S FOURTH CAUSE OF ACTION AS AGAINST DEFENDANT PARKER HANNIFIN CORPORATION by Parker-Hannifin Corporation (Cox, Ronald) |
Filing 137 ORDER finding as moot #107 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 136 ORDER finding as moot #102 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 135 ORDER finding as moot #101 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 134 ORDER finding as moot #100 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 133 ORDER finding as moot #84 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 132 ORDER finding as moot #79 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 131 ORDER finding as moot #77 Motion to Dismiss. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 130 ORDER finding as moot #39 Motion to Dismiss for Failure to State a Claim. The fourth cause of action is no longer in the case as to this defendant. Signed by Chief Judge James C. Dever III on 11/22/2016. (Hayes, Lyndsay) |
Filing 129 Financial Disclosure Statement by Navistar, Inc. (Tomlin, Tracy) |
Filing 128 ANSWER to #1 Complaint, by Navistar, Inc.. (Tomlin, Tracy) |
Filing 127 Notice of Appearance filed by Tracy E. Tomlin on behalf of Navistar, Inc.. (Tomlin, Tracy) |
Filing 126 Notice of Appearance filed by Travis Andrew Bustamante on behalf of Navistar, Inc.. (Bustamante, Travis) |
Filing 125 Notice of Appearance filed by Robert O. Meriwether on behalf of Navistar, Inc.. (Meriwether, Robert) |
Filing 124 Notice of Appearance filed by William Michael Starr on behalf of Navistar, Inc.. (Starr, William) |
Filing 123 ORDER granting #122 Motion to Withdraw as Attorney. Attorney Gillian Shannon Crowl terminated. Signed by Chief Judge James C. Dever III on 11/7/2016. (Briggeman, N.) |
Filing 122 MOTION to Withdraw as Attorney filed by Hennessy Industries, Inc.. (Attachments: #1 Text of Proposed Order) (Crowl, Gillian) |
Motion Submitted to Chief Judge James C. Dever III: regarding #122 MOTION to Withdraw as Attorney. (Briggeman, N.) |
Filing 121 Financial Disclosure Statement by Pneumo Abex LLC (Bouch, Timothy) |
Motion Submitted to Chief Judge James C. Dever III: regarding #35 MOTION to Dismiss for Lack of Jurisdiction, #77 MOTION to Dismiss Plaintiff's Fourth Cause of Action, #102 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #100 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #107 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fourth Cause of Action False Representation/Fraud, #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Fourth Cause of Action for Fraud), #101 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Briggeman, N.) |
Filing 120 AFFIDAVIT of Service of Prestolite by Charlotte Cox (Attachments: #1 Exhibit Proof of Service of Prestolite) (Stone, Sabrina) |
Filing 119 AFFIDAVIT of Service of Navistar,Inc. by Charlotte Cox (Attachments: #1 Exhibit Navistar's Proof of Service) (Stone, Sabrina) |
Filing 118 STIPULATION of Dismissal by Arvinmeritor (Early, William) |
Filing 117 STIPULATION of Dismissal by Meadwestvaco Corporation (Herns, Louis) |
Filing 116 Financial Disclosure Statement by FMC Corporation (Santos, Peter) |
Filing 115 Notice to Plaintiffs of Failure to Make Service Within 90 Days. (Briggeman, N.) |
Filing 114 Notice of Appearance filed by Robert David Proffitt on behalf of Standard Motor Products, Inc.. (Proffitt, Robert) |
Filing 113 Notice of Appearance filed by Robert David Proffitt on behalf of Parker-Hannifin Corporation. (Proffitt, Robert) |
Filing 112 Notice of Appearance filed by Sabrina G. Stone on behalf of All Plaintiffs. (Stone, Sabrina) |
Filing 111 STIPULATION of Dismissal Without Prejudice to Plaintiff's Fourth Cause of Action Against Defendant AGCO Corp. by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 110 STIPULATION of Dismissal Without Prejudice to Plaintiff's Fourth Cause of Action Against Defendant Maremont by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 109 STIPULATION of Dismissal Without Prejudice to Plaintiff's Fourth Cause of Action Against Defendant Hennessy Industries, Inc. by Jack Howard Cox, Sr (Braly, Benjamin) |
Filing 108 Memorandum in Support regarding #107 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hennessy Industries, Inc.. (Attachments: #1 Exhibit A - Ricks v. Armstrong Int_l_ Inc._ 2014 U.S. Dist. LEXIS 78832, #2 Exhibit B - Ricks v. Armstrong Complaint, #3 Exhibit C - Lee v. Certainteed Corp._ 2015 U.S. Dist. LEXIS 9007) (Holmes, Janice) |
Filing 107 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hennessy Industries, Inc.. (Attachments: #1 Text of Proposed Order) (Holmes, Janice) |
Filing 106 Certificate of Service filed by Hennessy Industries, Inc. regarding #99 Notice of Appearance of Janice Holmes. (Holmes, Janice) |
Filing 105 Memorandum in Support regarding #101 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maremont Corporation. (Attachments: #1 Index for Exhibits, #2 Exhibit 1-Complaint, Lee v. Certainteed Corporation, #3 Exhibit 2-Lee v. Certainteed Corporation, 2014 WL 1411060, #4 Exhibit 3-Complaint-Whitted-Justice V. Colgate-Palmolive Company, et al., #5 Exhibit 4-Order-Whitted-Justice v. Colgate-Palmolive Co., #6 Exhibit 5-Complaint-Ricks v. Armstrong International, Inc., #7 Exhibit 6-Order-Ricks v. Armstrong International, Inc.) (Early, William) |
Filing 104 Memorandum in Support regarding #100 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arvinmeritor. (Attachments: #1 Index for Exhibits, #2 Exhibit 1-Complaint, Lee v. Certainteed Corporation, #3 Exhibit 2-Lee v. Certainteed Corporation, 2014 WL 1411060, #4 Exhibit 3-Complaint-Whitted-Justice V. Colgate-Palmolive Company, et al., #5 Exhibit 4-Order-Whitted-Justice v. Colgate-Palmolive Co., #6 Exhibit 5-Complaint-Ricks v. Armstrong International, Inc., #7 Exhibit 6-Order-Ricks v. Armstrong International, Inc.) (Early, William) |
Filing 103 Memorandum in Support regarding #102 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Meadwestvaco Corporation. (Attachments: #1 Index for Exhibits, #2 Exhibit 1-Complaint, Lee v. Certainteed Corporation, #3 Exhibit 2-Lee v. Certainteed Corporation, 2014 WL 1411060, #4 Exhibit 3-Complaint-Whitted-Justice V. Colgate-Palmolive Company, et al., #5 Exhibit 4-Order-Whitted-Justice v. Colgate-Palmolive Co., #6 Exhibit 5-Complaint-Ricks v. Armstrong International, Inc., #7 Exhibit 6-Order-Ricks v. Armstrong International, Inc.) (Herns, Louis) |
Filing 102 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Meadwestvaco Corporation. (Attachments: #1 Text of Proposed Order Granting Defendant Westrock MWV, LLC's Rule 12(b)(6) Motion to Dismiss Plaintiffs' Fourth Cause of Action) (Herns, Louis) |
Filing 101 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maremont Corporation. (Attachments: #1 Text of Proposed Order Granting Defendant Maremont Corp.'s Rule 12(b)(6) Motion to Dismiss Plaintiffs' Fourth Cause of Action) (Early, William) |
Filing 100 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arvinmeritor. (Attachments: #1 Text of Proposed Order Granting Defendant Arvinmeritor, Inc.'s Rule 12(b)(6) Motion to Dismiss Plaintiffs' Fourth Cause of Action) (Early, William) |
Filing 99 Notice of Appearance filed by Janice Holmes on behalf of Hennessy Industries, Inc.. (Holmes, Janice) |
Filing 98 Notice of Appearance for non-district by Ronald Brian Cox on behalf of Standard Motor Products, Inc.. (Cox, Ronald) |
Filing 97 Notice of Appearance for non-district by Ronald Brian Cox on behalf of Parker-Hannifin Corporation. (Cox, Ronald) |
Filing 96 Certificate of Service filed by Hennessy Industries, Inc. regarding #93 Financial Disclosure Statement, #91 Answer to Complaint, #92 Notice of Appearance . (Crowl, Gillian) |
Filing 95 ANSWER to #1 Complaint, with Jury Demand by FMC Corporation. (Beaver, Gary) |
Filing 94 ANSWER to #1 Complaint, with Jury Demand by SPX Corporation. (Beaver, Gary) |
NOTICE OF DEFICIENCY regarding: #93 Financial Disclosure Statement, #91 Answer to Complaint, #92 Notice of Appearance. Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the 'Civil Events - Service of Process' category. (Briggeman, N.) |
Filing 93 Financial Disclosure Statement by Hennessy Industries, Inc. (Crowl, Gillian) |
Filing 92 Notice of Appearance filed by Gillian Shannon Crowl on behalf of Hennessy Industries, Inc.. (Crowl, Gillian) |
Filing 91 ANSWER to #1 Complaint, with Jury Demand by Hennessy Industries, Inc.. (Crowl, Gillian) |
Filing 90 STIPULATION of Dismissal Without Prejudice on Plaintiffs' Fourth Cause of Action Against Defendant Ford Motor Company by Charlotte Cox, Craig Michael Cox, Jack Howard Cox, Sr, Valerie M. Cox (Braly, Benjamin) |
Filing 89 Notice filed by Meadwestvaco Corporation for Protection from Court Appearances November 6-17, 2017. (Herns, Louis) |
Filing 88 STIPULATION of Dismissal Without Prejudice on Plaintiffs' Fourth Cause of Action Against Defendant Paccar, Inc. by Charlotte Cox, Craig Michael Cox, Jack Howard Cox, Sr, Valerie M. Cox (Braly, Benjamin) |
Filing 87 STIPULATION of Dismissal Without Prejudice Plaintiffs' Fourth Cause of Action Against FMC Corporation by FMC Corporation (Beaver, Gary) |
Filing 86 STIPULATION of Dismissal Without Prejudice Plaintiffs' Fourth Cause of Action Against SPX Corporation by SPX Corporation (Beaver, Gary) |
Filing 85 Memorandum in Support regarding #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FMC Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Beaver, Gary) |
Filing 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FMC Corporation. (Attachments: #1 Text of Proposed Order) (Beaver, Gary) |
Filing 83 Notice of Appearance filed by Peter A. Santos on behalf of FMC Corporation. (Santos, Peter) |
Filing 82 Notice of Appearance filed by Gary L. Beaver on behalf of FMC Corporation. (Beaver, Gary) |
Filing 81 Notice of Appearance for non-district by Benjamin D. Braly on behalf of All Plaintiffs. (Braly, Benjamin) |
Filing 80 Memorandum in Support regarding #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fourth Cause of Action False Representation/Fraud filed by Ford Motor Company. (Attachments: #1 Exhibit A - Whitted-Justice v. Colgate-Palmolive Co., #2 Exhibit B - Lee v. Certainteed, #3 Exhibit C - Ricks v. Armstrong) (Ries, Addie) |
Filing 79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fourth Cause of Action False Representation/Fraud filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Ries, Addie) |
Filing 78 Memorandum in Support regarding #77 MOTION to Dismiss Plaintiff's Fourth Cause of Action filed by SPX Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Beaver, Gary) |
Filing 77 MOTION to Dismiss Plaintiff's Fourth Cause of Action filed by SPX Corporation. (Attachments: #1 Text of Proposed Order) (Beaver, Gary) |
Filing 76 ANSWER to #1 Complaint, with Jury Demand by Cummins, Inc.. (Rubel, Douglas) |
Filing 75 Financial Disclosure Statement by Cummins, Inc. (Rubel, Douglas) |
Filing 74 Notice of Appearance filed by Douglas Andrew Rubel on behalf of Cummins, Inc.. (Rubel, Douglas) |
Filing 73 Notice of Appearance filed by Teresa Elizabeth Lazzaroni on behalf of Cummins, Inc.. (Lazzaroni, Teresa) |
Filing 72 Notice of Appearance filed by Jason J. Irvin on behalf of Paccar, Inc.. (Irvin, Jason) |
Filing 71 Notice of Appearance filed by Scott E. Frick on behalf of Caterpillar, Inc.. (Frick, Scott) |
Filing 70 Notice of Appearance filed by William David Conner on behalf of Caterpillar, Inc.. (Conner, William) |
Filing 69 Notice of Appearance filed by Moffatt G. McDonald on behalf of Caterpillar, Inc.. (McDonald, Moffatt) |
Filing 68 Financial Disclosure Statement by Caterpillar, Inc. (Sprinkle, Charles) |
Filing 67 ANSWER to #1 Complaint, with Jury Demand by Caterpillar, Inc.. (Sprinkle, Charles) |
Filing 66 Notice of Appearance filed by Charles M. Sprinkle, III on behalf of Caterpillar, Inc.. (Sprinkle, Charles) |
Filing 65 Notice of Appearance filed by Charles M. Sprinkle, III on behalf of Caterpillar, Inc.. (Sprinkle, Charles) |
Filing 64 Notice of Appearance filed by Charles M. Sprinkle, III on behalf of Caterpillar, Inc.. (Sprinkle, Charles) |
Filing 63 Notice of Appearance filed by Charles M. Sprinkle, III on behalf of Caterpillar, Inc.. (Sprinkle, Charles) |
Filing 62 Notice of Appearance filed by Joseph W. Williford on behalf of AGCO Corporation. (Williford, Joseph) |
Filing 61 Financial Disclosure Statement by Honeywell International, Inc. (Davis, H.) |
Filing 60 ANSWER to #1 Complaint, with Jury Demand by Honeywell International, Inc.. (Davis, H.) |
Filing 59 Notice of Appearance filed by H. Lee Davis, Jr on behalf of Honeywell International, Inc.. (Davis, H.) |
Filing 58 Notice of Appearance for non-district, Jason I. Irvin by Douglas Andrew Rubel on behalf of Paccar, Inc. (Rubel, Douglas) |
Filing 57 Financial Disclosure Statement by AGCO Corporation (Brown, Kelly) |
Filing 56 ANSWER to #1 Complaint, with Jury Demand by AGCO Corporation. (Brown, Kelly) |
Filing 55 Notice of Appearance filed by Kelly Street Brown on behalf of AGCO Corporation. (Brown, Kelly) |
Filing 54 Financial Disclosure Statement by Parker-Hannifin Corporation (Proffitt, Robert) |
Filing 53 Financial Disclosure Statement by Standard Motor Products, Inc. (Proffitt, Robert) |
Filing 52 ANSWER to #1 Complaint, with Jury Demand by Standard Motor Products, Inc.. (Proffitt, Robert) |
Filing 51 ANSWER to #1 Complaint, with Jury Demand by Parker-Hannifin Corporation. (Proffitt, Robert) |
Filing 50 Notice of Appearance for non-district by William P Early on behalf of Arvinmeritor. (Early, William) |
Filing 49 Financial Disclosure Statement by Arvinmeritor (Early, William) |
Filing 48 ANSWER to #1 Complaint, with Jury Demand by Arvinmeritor. (Early, William) |
Filing 47 Financial Disclosure Statement by Meadwestvaco Corporation identifying Corporate Parent WestRock Company for Meadwestvaco Corporation. (Herns, Louis) |
Filing 46 ANSWER to #1 Complaint, with Jury Demand by Meadwestvaco Corporation. (Herns, Louis) |
Filing 45 Notice of Appearance for non-district by Louis P. Herns on behalf of Meadwestvaco Corporation. (Herns, Louis) |
Filing 44 Notice of Appearance filed by Carter T. Lambeth on behalf of Meadwestvaco Corporation. (Lambeth, Carter) |
Filing 43 Notice of Appearance filed by Carter T. Lambeth on behalf of Arvinmeritor. (Lambeth, Carter) |
Filing 42 ANSWER to #1 Complaint, with Jury Demand by Paccar, Inc.. (Rubel, Douglas) |
Filing 41 Declaration regarding #40 Memorandum in Support, #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Fourth Cause of Action for Fraud) by Paccar, Inc. filed by Paccar, Inc.. (Attachments: #1 Exhibit 1: Whitted-Justice Complaint, #2 Exhibit 2: Whitted-Justice Order) (Rubel, Douglas) |
Filing 40 Memorandum in Support regarding #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Fourth Cause of Action for Fraud) filed by Paccar, Inc.. (Rubel, Douglas) |
Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Fourth Cause of Action for Fraud) filed by Paccar, Inc.. (Attachments: #1 Text of Proposed Order) (Rubel, Douglas) |
Filing 38 Financial Disclosure Statement by Paccar, Inc. (Rubel, Douglas) |
Filing 37 Notice of Appearance filed by Douglas Andrew Rubel on behalf of Paccar, Inc.. (Rubel, Douglas) |
Filing 36 Memorandum in Support regarding #35 MOTION to Dismiss for Lack of Jurisdiction filed by Paccar, Inc.. (Rubel, Douglas) |
Filing 35 MOTION to Dismiss for Lack of Jurisdiction filed by Paccar, Inc.. (Rubel, Douglas) |
TEXT ORDER granting #29 Motion for Extension of Time to Answer. Defendant SPX Corporation has through and including July 27, 2016 to file an answer or otherwise respond to the #1 Complaint. Signed by Julie Richards Johnston, Clerk of Court on 7/4/2016. (Hockaday, A.) |
Filing 34 Notice of Appearance filed by Travis Andrew Bustamante on behalf of Deere & Company, Inc.. (Bustamante, Travis) |
Filing 33 Notice of Appearance filed by William Michael Starr on behalf of Deere & Company, Inc.. (Starr, William) |
Filing 32 Financial Disclosure Statement by Deere & Company, Inc. (Tomlin, Tracy) |
Filing 31 ANSWER to #1 Complaint, by Deere & Company, Inc.. (Tomlin, Tracy) |
Filing 30 Notice of Appearance filed by Tracy E. Tomlin on behalf of Deere & Company, Inc.. (Tomlin, Tracy) |
Filing 29 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by SPX Corporation. (Attachments: #1 Text of Proposed Order) (Beaver, Gary) |
Motion Referred to Julie Richards Johnston, Clerk of Court regarding: #29 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Briggeman, N.) |
Filing 28 ANSWER to #1 Complaint, with Jury Demand by Pneumo Abex LLC. (Bouch, Timothy) |
Filing 27 Notice of Appearance filed by Timothy W. Bouch on behalf of Pneumo Abex LLC. (Bouch, Timothy) |
Filing 26 Financial Disclosure Statement by Ford Motor Company (Attachments: #1 Exhibit A - List of Companies) (Ries, Addie) |
Filing 25 ANSWER to #1 Complaint, with Jury Demand by Ford Motor Company. (Ries, Addie) |
Filing 24 Notice of Appearance filed by Addie K.S. Ries on behalf of Ford Motor Company. (Ries, Addie) |
Filing 23 Notice of Appearance filed by Christopher R. Kiger on behalf of Ford Motor Company. (Kiger, Christopher) |
Filing 22 Notice of Appearance filed by Kirk G. Warner on behalf of Ford Motor Company. (Warner, Kirk) |
Filing 21 Notice of Appearance for non-district by William P Early on behalf of Maremont Corporation. (Early, William) |
Filing 20 Financial Disclosure Statement by SPX Corporation (Beaver, Gary) |
Filing 19 Notice of Appearance filed by Gary L. Beaver on behalf of SPX Corporation. (Beaver, Gary) |
Filing 18 Notice of Appearance filed by Carter T. Lambeth on behalf of Maremont Corporation. (Lambeth, Carter) |
Filing 17 Notice of Appearance filed by Jon S. Player on behalf of Borg-Warner Morse Tec, Inc.. (Player, Jon) |
Filing 16 Notice of Appearance filed by David L. Levy on behalf of Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 15 Financial Disclosure Statement by Borg-Warner Morse Tec, Inc. identifying Corporate Parent BorgWarner, Inc. for Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 14 ANSWER to #1 Complaint, with Jury Demand by Borg-Warner Morse Tec, Inc.. (Levy, David) |
Filing 13 Notice of Appearance filed by Carter T. Lambeth on behalf of Maremont Corporation. (Lambeth, Carter) |
Filing 12 Financial Disclosure Statement by Maremont Corporation identifying Corporate Parent ArvinMeritor, Inc. for Maremont Corporation. (Lambeth, Carter) |
NOTICE OF DEFICIENCY regarding: #13 Notice of Appearance. Counsel must not combine appearances into one document. Each attorney must file a separate notice of appearance pursuant to Local Civil Rule 5.2(a). In addition, each attorney must file his or her own notice of appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. (Briggeman, N.) |
Filing 11 ENTRY OF APPEARANCE AND ANSWER to #1 Complaint, with Jury Demand by Maremont Corporation. (Lambeth, Carter) |
Notice to Counsel regarding: #11 Answer to Complaint. Each attorney should file a separate Notice of Appearance pursuant to Local Civil Rule 5.2(a). This document should not be combined with any other document. The attorney shall also contemporaneously file a client disclosure statement in accordance with Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3. (Briggeman, N.) |
Filing 10 Financial Disclosure Statement by Metropolitan Life Insurance Company (Coltrain, Keith) |
Filing 9 ANSWER to Complaint with Jury Demand and to Cross Claims of Any and All Other Defendants and Third Party Defendants by Metropolitan Life Insurance Company. (Coltrain, Keith) |
Filing 8 Notice of Appearance filed by Keith E. Coltrain on behalf of Metropolitan Life Insurance Company. (Coltrain, Keith) |
Filing 7 Notice of Appearance filed by Janet Ward Black on behalf of All Plaintiffs. (Black, Janet Ward) |
Filing 6 Summons Issued as to AGCO Corporation, Arvinmeritor, Borg-Warner Morse Tec, Inc., Caterpillar, Inc., Cummins, Inc., Deere & Company, Inc., FMC Corporation, Ford Motor Company, Hennessy Industries, Inc., Honeywell International, Inc., Maremont Corporation, Meadwestvaco Corporation, Metropolitan Life Insurance Company, Navistar, Inc., Prestolite Performance, Paccar, Inc., Parker-Hannifin Corporation, Pneumo Abex LLC, SPX Corporation, Standard Motor Products, Inc., Star Machine & Tool. Counsel is reminded to print summonses and effect service. (Briggeman, N.) |
Filing 5 Financial Disclosure Statement by Charlotte Cox (Black, Janet Ward) |
Filing 4 Financial Disclosure Statement by Valerie M. Cox (Black, Janet Ward) |
Filing 3 Financial Disclosure Statement by Craig Michael Cox (Black, Janet Ward) |
Filing 2 Financial Disclosure Statement by Jack Howard Cox, Sr. (Black, Janet Ward) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-3702144.), filed by Craig Michael Cox, Jack Howard Cox, Sr., Valerie M. Cox, Charlotte Cox. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Black, Janet Ward) |
Notice to Counsel - For future reference, counsel is reminded that effective December 1, 2015, Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. In addition, counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Briggeman, N.) |
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