Yates v. Air & Liquid Systems Corporation, Inc., et al
Plaintiff: Graham Yates, Becky Yates and Rebecca Fuquay Yates
Defendant: CBS Corporation, Elliott Turbo Machinery Company, FMC Corporation, Honeywell International, Inc., Unicoat Sales LLC, Weir Valves & Controls USA, Inc., Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc., Alfa Laval, Inc., Armstrong International, Inc., Borg-Warner Morse Tec, Inc., Viacom, Inc. (sued as successor by merger to CBS Corporation), Westinghouse Electric Corporation, Crane Co., Crown Cork & Seal Company, Inc., Dana Companies LLC, Elliott Company, Flowserve US Inc., Northern Fire Apparatus Company, Ford Motor Company, Foster Wheeler Energy Corporation, The Gates Corporation, General Electric Company, Hobart Brothers Company, Allied-Signal, Inc., Hopeman Brothers Inc., IMO Industries, Inc., John Crane, Inc., McNally Industries, LLC, Metropolitan Life Insurance Company, KST Coatings Manufacturing, Inc., Union Carbide Corporation, Velan Valve Corporation, Warren Pumps LLC, Atwood & Morrill, The William Powell Company and Yarway Corporation
Case Number: 5:2012cv00752
Filed: November 16, 2012
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: Louise Wood Flanagan
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332 Diversity-Asbestos Litigation
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 18, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2015 Opinion or Order Filing 485 JUDGMENT - Signed by Julie Richards Johnston, Clerk of Court on 12/18/2015. (Baker, C.)
December 17, 2015 Opinion or Order Filing 484 ORDER - The motion (DE 459) by defendant Honeywell International, Inc., for reconsideration of the court's September 30, 2014, order on summary judgment is GRANTED. The motion (DE 462) by defendant Ford Motor Company for summary judgment and to dismiss plaintiff's remaining claims is GRANTED. Defendants are entitled to summary judgment as to all claims asserted by plaintiff. As a result, the clerk is DIRECTED to terminate as moot the remaining pending motions and to close the case. Signed by District Judge Louise Wood Flanagan on 12/17/2015. (Baker, C.)
December 10, 2015 Opinion or Order Notice to Counsel - Pursuant to Local Civil Rule 5.1(a)(1), effective December 1, 2015, all documents submitted for filing shall be filed electronically in text searchable format. This notice is for informational purposes only and is not a directive to refile any items already appearing on this case docket. (Baker, C.)
December 4, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #459 MOTION for Reconsideration regarding #217 Order and #462 MOTION for Summary Judgment and Motion to Dismiss. (Baker, C.)
November 5, 2015 Opinion or Order Filing 483 ORDER denying #471 Motion for Reconsideration regarding #455 Order - Signed by District Judge Louise Wood Flanagan on 11/5/2015. (Baker, C.)
October 6, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #480 MOTION to Strike #479 Notice of Suggestion of Subsequent Authority. (Baker, C.)
September 10, 2015 Opinion or Order Filing 482 Notice filed by Honeywell International, Inc. regarding #480 MOTION to Strike #479 Notice of Suggestion of Subsequent Authority - Notice of Joinder. (Davis, H.)
September 9, 2015 Opinion or Order Filing 481 Memorandum in Support regarding #480 MOTION to Strike #479 Notice of Suggestion of Subsequent Authority filed by Ford Motor Company. (Ries, Addie)
September 9, 2015 Opinion or Order Filing 480 MOTION to Strike #479 Notice of Suggestion of Subsequent Authority filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
September 8, 2015 Opinion or Order Filing 479 Notice of Suggestion of Subsequently Controlling Decided Authority filed by Rebecca Fuquay Yates . (Attachments: #1 Exhibit A - Estenson v. Caterpillar, #2 Exhibit B - Foote v. Abex) (Paul, Kevin)
September 4, 2015 Opinion or Order Filing 478 AMENDED DOCUMENT by Rebecca Fuquay Yates. Amendment to #392 Memorandum in Opposition. . (Attachments: #1 Amended Exhibit 82 - Amended - Declaration of Dr Eugene Mark MD) (Paul, Kevin)
August 13, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood - #471 MOTION for Reconsideration regarding #455 Order. (Baker, C.)
August 12, 2015 Opinion or Order Filing 477 REPLY regarding #471 MOTION for Reconsideration regarding #455 Order on Motion in Limine filed by Rebecca Fuquay Yates. (Attachments: #1 Exhibit E - GRAHAM YATES - VIDEO, #2 Exhibit F - 06-03-15 yates day 2) (Paul, Kevin)
July 30, 2015 Opinion or Order Filing 476 Notice of Joinder filed by Ford Motor Company regarding #473 Response in Opposition to Motion for Reconsideration. (Ries, Addie)
July 30, 2015 Opinion or Order Filing 475 Notice of Joiner filed by Honeywell International, Inc. regarding #474 Response in Opposition to Motion for Reconsideration. (Davis, H.)
July 29, 2015 Opinion or Order Filing 474 RESPONSE in Opposition regarding #471 MOTION for Reconsideration regarding #455 Order Excluding Dr. Eugene Mark filed by Ford Motor Company. (Attachments: #1 Exhibit A - Zellers v. NexTech) (Ries, Addie)
July 29, 2015 Opinion or Order Filing 473 RESPONSE in Opposition regarding #471 MOTION for Reconsideration regarding #455 Order Excluding Dr. Eugene Mark filed by Honeywell International, Inc. (Davis, H.)
July 9, 2015 Opinion or Order Filing 472 Memorandum in Support regarding #471 MOTION for Reconsideration regarding #455 Order on Motion in Limine filed by Rebecca Fuquay Yates. (Attachments: #1 Exhibit A - 06-02-15 Yates motion hearing day 1, #2 Exhibit B - Ref Manual on Scientific Evid - 3d ed - Epidemiology, #3 Exhibit C - 1955 (Hemeon) Plant & Process Ventilation, #4 Exhibit D - 5mpcf- 30 fcc - 1968_Lynch & Ayers_Measurement ofasbestos exposure (conversion of 6)) (Paul, Kevin)
July 9, 2015 Opinion or Order Filing 471 MOTION for Reconsideration regarding #455 Order on Motion in Limine filed by Rebecca Fuquay Yates. (Paul, Kevin)
July 7, 2015 Opinion or Order Filing 470 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC - Telephonic Status Conference held on 7/7/2015. Counsel present for all parties. Oral arguments offered as to #468 MOTION to Continue Trial. Motion is GRANTED IN PART and DENIED IN PART for reasons stated more particularly on the record. Plaintiff shall file the motion for reconsideration referenced in the motion to continue by July 10, 2015. Response and reply briefs to same shall be due in the times prescribed by the Local Civil Rules. If plaintiff determines filing of reply is unnecessary, counsel shall notify the case manager accordingly. Court stays briefing as to pending summary judgment motions recently filed pending address of plaintiff's motion for reconsideration. (Court Reporter - David Collier) (Baker, C.) (Baker, C.).
July 7, 2015 Opinion or Order Filing 469 Memorandum in Support regarding #468 MOTION to Continue TRIAL (REVISED MOTION) (REVISED MEMORANDUM IN SUPPORT) filed by Rebecca Fuquay Yates. (Paul, Kevin)
July 7, 2015 Opinion or Order Filing 468 MOTION to Continue TRIAL (REVISED MOTION) filed by Rebecca Fuquay Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
July 7, 2015 Opinion or Order Filing 467 Memorandum in Support regarding #466 MOTION to Continue TRIAL filed by Rebecca Fuquay Yates. (Paul, Kevin)
July 7, 2015 Opinion or Order Filing 466 MOTION to Continue TRIAL filed by Rebecca Fuquay Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
July 7, 2015 Opinion or Order ORAL ORDER granting in part and denying in part #468 Motion to Continue Trial - Entered by District Judge Louise Wood Flanagan on 07/07/2015. (Baker, C.)
July 6, 2015 Opinion or Order Filing 465 Notice of Joinder to Defendant Ford's Preliminary and Limiting Instructions filed by Honeywell International, Inc. regarding #464 Proposed Jury Instructions. (Davis, H.)
July 6, 2015 Opinion or Order Filing 464 Proposed Jury Instructions by Ford Motor Company. (Ries, Addie)
July 2, 2015 Opinion or Order Filing 463 Memorandum in Support regarding #462 MOTION for Summary Judgment and Motion to Dismiss filed by Ford Motor Company. (Ries, Addie)
July 2, 2015 Opinion or Order Filing 462 MOTION for Summary Judgment and Motion to Dismiss filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
July 2, 2015 Opinion or Order Filing 461 ANSWER to Complaint with Jury Demand by Ford Motor Company. (Ries, Addie)
July 2, 2015 Opinion or Order Filing 460 Memorandum in Support regarding #459 MOTION for Reconsideration regarding #217 Order filed by Honeywell International, Inc. (Davis, H.)
July 2, 2015 Opinion or Order Filing 459 MOTION for Reconsideration regarding #217 Order filed by Honeywell International, Inc. (Attachments: #1 Proposed Order) (Davis, H.)
July 1, 2015 Opinion or Order Filing 458 ANSWER to Amended Complaint with Jury Demand by Honeywell International, Inc. (Davis, H.)
June 29, 2015 Opinion or Order Filing 457 ORDER granting #436 Motion for Leave to File Amended Complaint - The amended Complaint is allowed, and service of the motion in this cause with its attached Amendment to Complaint shall constitute service on the remaining defendants. Signed by District Judge Louise Wood Flanagan on 06/29/2015. (Baker, C.)
June 29, 2015 Opinion or Order Filing 456 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC: Final Pretrial Conference held on 6/29/2015. Counsel present for all parties. Oral argument heard regarding #436 MOTION for Leave to File Amended Complaint. Defendants' answer to amended complaint due by July 3, 2015. Issues bearing on trial management and feasibility of proceeding under the current schedule as designated discussed. Parties shall confer as to this issue and court sets telephonic status conference for Tuesday, July 7, 2015 at 4:00 p.m. (EST) Parties shall notify case administrator by July 2 of anticipated attendees for each party at the conference. Counsel will be contacted in advance of the conference by court personnel who will provide the dial-in information necessary to participate. (Court Reporter - David Collier) (Baker, C.) Modified on 6/29/2015 to clarify docket entry text. (Baker, C.)
June 29, 2015 Opinion or Order Filing 455 ORDER granting in part and denying in part #380 Motion in Limine; #382 Motion in Limine; #384 Motion in Limine; and #385 Motion in Limine - Signed by District Judge Louise Wood Flanagan on 06/28/2015. (Baker, C.)
June 29, 2015 Opinion or Order ORAL ORDER granting #436 Motion for Leave to File Amended Complaint - Entered in open court by District Judge Louise Wood Flanagan on 06/29/2015. (Baker, C.) Modified on 6/29/2015 to clarify docket entry text. (Baker, C.)
June 29, 2015 Opinion or Order NOTICE OF CORRECTION regarding ORAL ORDER entered June 29, 2015 relating to #436 MOTION for Leave to File Amended Complaint - The docket text for this oral order has been corrected under the direction of District Judge Louise Wood Flanagan to reflect that the plaintiff's motion was granted in full. (Baker, C.)
June 29, 2015 Opinion or Order **** Set Hearing - Telephonic Status Conference set for 7/7/2015 at 4:00 PM before District Judge Louise Wood Flanagan. (Baker, C.)
June 26, 2015 Opinion or Order Filing 454 AMENDED DOCUMENT by Becky Yates. Amendment to #436 MOTION for Leave to File Amended Complaint Additional Exhibit - Redlined Original Complaint. (Paul, Kevin)
June 26, 2015 Opinion or Order Filing 453 Notice filed by Honeywell International, Inc. regarding #452 Response to Motion . (Davis, H.)
June 26, 2015 Opinion or Order Filing 452 RESPONSE to Motion regarding #436 MOTION for Leave to File Amended Complaint filed by Ford Motor Company. (Ries, Addie)
June 26, 2015 Opinion or Order Filing 451 MEMORANDUM OPINION following June 1, 2015 Text Order denying #377 MOTION to Amend Complaint - Signed by District Judge Louise Wood Flanagan on 06/26/2015. (Baker, C.)
June 24, 2015 Opinion or Order Filing 450 Notice filed by Becky Yates - Plaintiff's Proposed Statement of the Case. (Paul, Kevin)
June 24, 2015 Opinion or Order Filing 449 Proposed Voir Dire by Becky Yates. (Paul, Kevin)
June 24, 2015 Opinion or Order Filing 448 Proposed Verdict Form by Becky Yates. (Paul, Kevin)
June 24, 2015 Opinion or Order Filing 447 Proposed Jury Instructions by Becky Yates. (Paul, Kevin)
June 24, 2015 Opinion or Order Filing 446 Notice filed by Ford Motor Company - Defendants' Proposed Statement of the Case. (Ries, Addie)
June 24, 2015 Opinion or Order Filing 445 Notice filed by Ford Motor Company regarding #444 Proposed Voir Dire - Corrected Proposed Voir Dire Questions by Ford. (Ries, Addie)
June 24, 2015 Opinion or Order Filing 444 Proposed Voir Dire by Ford Motor Company. (Ries, Addie)
June 24, 2015 Opinion or Order Filing 443 Proposed Verdict Form by Ford Motor Company. (Ries, Addie)
June 24, 2015 Opinion or Order Filing 442 Proposed Jury Instructions by Ford Motor Company. (Ries, Addie)
June 24, 2015 Opinion or Order Filing 441 Proposed Voir Dire by Honeywell International, Inc. (Davis, H.)
June 24, 2015 Opinion or Order Filing 440 Proposed Verdict Form by Honeywell International, Inc. (Davis, H.)
June 24, 2015 Opinion or Order Filing 439 Proposed Jury Instructions by Honeywell International, Inc. (Davis, H.)
June 24, 2015 Opinion or Order TEXT ORDER regarding #436 MOTION for Leave to File Amended Complaint filed by Becky Yates - The court DIRECTS plaintiffs to file by Friday, June 26, 2015 a redline version of the original complaint in supplement to their pending motion to amend that complaint. Signed by District Judge Louise Wood Flanagan on 06/24/2015. (Baker, C.)
June 23, 2015 Opinion or Order Notice to Counsel regarding #435 Motion to Substitute Party (Death Certificate) - Counsel is reminded pursuant to requirements of the E-Government Act of 2002, counsel must refrain from including personal identifiers on all documents filed with the court. The document will remain on the docket as filed unless counsel files a motion to seal same. A party waives the protection of Rule 5.2, Fed. R. Civ. P. as to the information by filing it without redaction and not under seal. (Baker, C.)
June 23, 2015 Opinion or Order Notice to Counsel regarding #436 Motion for Leave to File Amended Complaint - Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under 'Motions and Related Filings: Responses and Replies'. In future filings, be sure to file each pleading separately and link the memorandum to the underlying motion. No need to refile at this time. (Baker, C.)
June 23, 2015 Opinion or Order TEXT ORDER regarding #436 MOTION for Leave to File Amended Complaint and #435 MOTION to Substitute Party for Deceased Plaintiff filed by Becky Yates - The court expedites defendants' response time to the recently filed motions to substitute (DE 435) and motion for leave to file amended complaint (DE 436), with any written response(s) now due on or before the start of the final pretrial conference June 29, 2015. Signed by District Judge Louise Wood Flanagan on 06/23/2015. (Baker, C.)
June 23, 2015 Opinion or Order NOTICE OF CORRECTION regarding #435 Motion to Substitute Party - Pursuant to Section L of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Baker, C.)
June 22, 2015 Opinion or Order Filing 438 OFFICIAL TRANSCRIPT of MOTIONS HEARING Proceedings held on June 3, 2015, before District Judge Louise Wood Flanagan. Court Reporter David J. Collier, Telephone number (919) 912-9698. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's
June 22, 2015 Opinion or Order Filing 437 OFFICIAL TRANSCRIPT of MOTIONS HEARING Proceedings held on June 2, 2015, before District Judge Louise Wood Flanagan. Court Reporter David J. Collier, Telephone number (919) 912-9698. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's
June 22, 2015 Opinion or Order Filing 436 MOTION for Leave to File Amended Complaint filed by Becky Yates. (Attachments: #1 Memorandum in Support of Amending Complaint, #2 Exhibit A - Proposed Amended Complaint, #3 Proposed Order) (Paul, Kevin) Modified on 6/23/2015 to clarify docket entry text. (Baker, C.)
June 22, 2015 Opinion or Order Filing 435 MOTION to Substitute Party for Deceased Plaintiff filed by Becky Yates. (Attachments: #1 Exhibit A - Death Certificate, #2 Exhibit B - Letters Testamentary, #3 Text of Proposed Order Proposed Order) (Paul, Kevin)
June 22, 2015 Opinion or Order NOTICE of Filing of Official Transcript #437 Transcript, #438 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Collier, David)
June 17, 2015 Opinion or Order Filing 434 CERTIFICATE OF SERVICE regarding #433 NOTICE of Appearance by Becky Yates, Graham Yates. (Purdy, Stuart)
June 17, 2015 Opinion or Order Filing 433 Notice of Appearance for non-district counsel by Stuart J. Purdy on behalf of Becky Yates, Graham Yates. (Purdy, Stuart)
June 16, 2015 Opinion or Order Filing 432 ORDER Amending June 15, 2015 Text Order - Defendant Ford's motion (DE 428) is GRANTED IN PART, and DENIED IN PART. The motion to strike plaintiffs' amended pre-trial disclosures is GRANTED. The motion to quash, for protective order, and for reconsideration is DENIED, to the extent the subpoenas seek impeachment information as set forth in the attached order, but GRANTED to the extent they seek information beyond these subjects. Signed by District Judge Louise Wood Flanagan on 06/16/2015. (Baker, C.)
June 15, 2015 Opinion or Order Filing 431 MOTION to Expedite Relief filed by Ford Motor Company. (Ries, Addie)
June 15, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #431 MOTION to Expedite Relief. (Baker, C.)
June 15, 2015 Opinion or Order TEXT ORDER denying #428 Motion to Strike or For Reconsideration and denying as moot #431 Motion to Expedite Ruling - This matter comes now before the court upon defendant Ford's motion to strike or for reconsideration (DE 428), wherein defendant Ford seeks to quash or obtain protective order regarding subpoenas, as well as defendant Ford's motion to expedite relief (DE 431). Having considered the arguments in support, the motion to strike or for reconsideration is DENIED, to the extent it seeks to block the upcoming depositions of Richard Schlenker, Patrick Sheehan, Mark Garavaglia and Dennis Paustenbach. The motion for expedited relief is DENIED AS MOOT. Memorandum opinion shall follow in furtherance of the court's order. Signed by District Judge Louise Wood Flanagan on 06/15/2015. (Baker, C.)
June 12, 2015 Opinion or Order Filing 430 Notice of Appearance for non-district counsel by Jay E. Stuemke on behalf of Becky Yates, Graham Yates. (Stuemke, Jay)
June 12, 2015 Opinion or Order Filing 429 Memorandum in Support regarding #428 MOTION to Strike or Motion for Reconsideration regarding #423 Order filed by Ford Motor Company. (Attachments: #1 Index - Exhibits, #2 Exhibit A - Redline Comparison of Plaintiffs' Original and Amended Pretrial Disclosure, #3 Exhibit B - Pages 1-50 Highlighted Comparison of Plaintiffs' Original and Amended Exhibit List, #4 Exhibit B - Pages 51-97 Highlighted Comparison of Plaintiffs' Original and Amended Exhibit List, #5 Exhibit C - Plaintffs' Subpoenas to Paustenbach, Schlenker, Garavaglia, and Sheehan, #6 Exhibit D - Plaintiffs' Interrogatory Responses) (Ries, Addie)
June 12, 2015 Opinion or Order Filing 428 MOTION to Strike or for Reconsideration regarding #423 Order filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
June 12, 2015 Opinion or Order **** Reset Hearing: Jury Selection and commencement of Jury Trial reset for 7/14/2015 at 9:30 AM in New Bern 2nd Floor Courtroom before District Judge Louise Wood Flanagan. Counsel shall appear before the court at 9:00 a.m. in the 2nd Floor Courtroom on the first day of trial for an administrative conference in advance of jury selection. (Castania, M.)
June 11, 2015 Opinion or Order Filing 427 NOTICE of Service by Becky Yates, Graham Yates OF PLAINTIFFS' AMENDED RULE 26(a)(3) DISCLOSURES AND EXHIBIT LIST. (Paul, Kevin)
June 11, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #426 Notice of Service of Plaintiffs' Amended Rule 26(a)(3) Pretrial Disclosures and Plaintiffs' Exhibit List - The filing notes that an Exhibit A is attached, however, there is no attachment included. Counsel is directed to file a corrected document. (Baker, C.)
June 10, 2015 Opinion or Order Filing 426 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #427 * - NOTICE of Service by Becky Yates, Graham Yates of Plaintiffs' Amended Rule 26(a)(3) Pretrial Disclosures, and Plaintiffs' Exhibit List. (Paul, Kevin) Modified on 6/11/2015 to insert refiling information. (Baker, C.)
June 5, 2015 Opinion or Order Filing 425 Notice of Filing Additional Materials Referenced During Daubert Hearing. filed by Becky Yates, Graham Yates. (Attachments: #1 Index of Exhibits, #2 Exhibit A Final - Yates-MARK Daubert PPT with Exhibit Numbers, #3 Exhibit B Final - Garabrant Cross with Exhibit Numbers) (Paul, Kevin)
June 5, 2015 Opinion or Order Filing 424 ORDER Memorializing Rulings Entered in Open Court on June 2 and 3, 2015, and the Status of Motions Remaining - Signed by District Judge Louise Wood Flanagan on 06/05/2015. (Baker, C.)
June 5, 2015 Opinion or Order Filing 423 ORDER denying ORAL MOTION for Protective Order and to Quash Subpoenas - Signed by District Judge Louise Wood Flanagan on 06/05/2015. (Baker, C.)
June 4, 2015 Opinion or Order Filing 422 NOTICE by Honeywell International, Inc. of Filing Additional Materials Referenced at Daubert Hearing. (Attachments: #1 Exhibit A - Garabrant CV, #2 Exhibit B - Garabrant Slides, #3 Hodgson and Darnton 2000) (Davis, H.)
June 4, 2015 Opinion or Order Filing 421 Documents regarding ORAL MOTION for Protective Order and to Quash Subpoenas - Subpoena for Patrick Sheehan, Ph. D. (Attachments: #1 Subpoena for Richard L. Schlenker, #2 Subpoena for Mark Garavaglia) (Baker, C.)
June 3, 2015 Opinion or Order Filing 420 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC - Continuation of Daubert Motion Hearing held on 6/3/2015. Counsel present for all parties. Oral arguments offered. Oral testimony presented by David Garabrandt, M.D. Court renders decision in open court as to several outstanding pretrial motions with written order memorializing decisions to follow. (Court Reporter - David Collier) (Baker, C.)
June 3, 2015 Opinion or Order ORAL ORDER granting #257 and #272 Motions in Limine Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills - Entered in open court by District Judge Louise Wood Flanagan on 06/03/2015. (Baker, C.) Modified on 6/8/2015 to clarify docket entry text. (Baker, C.)
June 3, 2015 Opinion or Order ORAL ORDER denying as moot in part and holding in abeyance in remaining part #273 Omnibus Motion in Limine - Entered in open court by District Judge Louise Wood Flanagan on 06/03/2015. (Baker, C.)
June 3, 2015 Opinion or Order ORAL MOTION for Protective Order and to Quash Subpoenas by Ford Motor Company and Honeywell International, Inc. (Baker, C.)
June 3, 2015 Opinion or Order ORAL ORDER granting in part and denying in part #305 Motion in Limine to Exclude VA Compensation Packet - Entered in open court by District Judge Louise Wood Flanagan on 06/03/2015. (Baker, C.)
June 3, 2015 Opinion or Order ORAL ORDER granting in part and denying in part #258 and #271 Motions in Limine for Disclosure of Total Amount of Setoff - Entered in open court by District Judge Louise Wood Flanagan on 06/03/2015. (Baker, C.)
June 3, 2015 Opinion or Order Filing 419 NOTICE by Becky Yates, Graham Yates of Filing Additional Materials to be Used in Daubert Hearing. (Attachments: #1 Index of Exhibits, #2 Exhibit I - Thompson_et_al-2005-Risk_Analysis, #3 Exhibit J - HODGSON MESO AND LUNG CANCER ART 2000, #4 Exhibit K - PETO DOLL ARTICLE 1985) (Paul, Kevin)
June 2, 2015 Opinion or Order Filing 418 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC - Daubert Motion Hearing held on 6/2/2015. Counsel present for all parties. Oral arguments offered. Plaintiffs move to sequester witnesses during these proceedings. Motion denied. Oral testimony presented by Eugene Mark, M.D. Hearing to reconvene at 9:00 a.m. on Wednesday, June 3, 2015. (Court Reporter - David Collier) (Baker, C.) (Additional attachment(s) added on 6/4/2015: #1 Power Point Presentation) (Baker, C.).
June 2, 2015 Opinion or Order ORAL MOTION to Sequester Witnesses by Becky Yates, Graham Yates. (Baker, C.)
June 2, 2015 Opinion or Order ORAL ORDER denying Oral Motion to Sequester Witnesses - Entered in open court by District Judge Louise Wood Flanagan on 06/02/2015. (Baker, C.)
June 2, 2015 Opinion or Order Filing 417 NOTICE by Honeywell International, Inc. of Filing Additional Materials. (Attachments: #1 Exhibit A - Scully 1990 Study, #2 Exhibit B - Antman 2005 Study) (Davis, H.)
June 2, 2015 Opinion or Order Filing 416 NOTICE by Becky Yates, Graham Yates of Filing Additional Materials to be Used in the Daubert Hearing. (Attachments: #1 Index of Exhibits, #2 Exhibit H - Markowitz MM and LC SRCCM 2015) (Paul, Kevin)
June 2, 2015 Opinion or Order Filing 415 NOTICE by Becky Yates, Graham Yates of Filing Additional Materials to be Used in Daubert Hearing. (Attachments: #1 Index of Exhibits, #2 Exhibit F - 211_2014 Lacourt, et al, #3 Exhibit G 1976 'Asb Exp during Brake Lining Maint') (Paul, Kevin)
June 1, 2015 Opinion or Order Filing 414 NOTICE by Becky Yates, Graham Yates of Filing Additional Materials for use in Daubert Hearings (Attachments: #1 Index of Exhibits, #2 Exhibit E Defense Asbestos Litigation Seminar 2015) (Paul, Kevin)
June 1, 2015 Opinion or Order Filing 413 NOTICE by Becky Yates, Graham Yates of Filing Additional Materials to be Used In Daubert Hearing (Attachments: #1 Index of Exhibits, #2 Exhibit D - GAO EPA GOLDBOOK OSHA) (Paul, Kevin)
June 1, 2015 Opinion or Order Filing 412 NOTICE by Becky Yates, Graham Yates of Filing Additional Materials to be Used at Daubert Hearing. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Mark Kradin Paper of 2006, #3 Exhibit B - 1991_Garabrant_Occupational Asb Exp, #4 Exhibit C - Sheehan, Patrick depo Vol. 1 082814) (Paul, Kevin)
June 1, 2015 Opinion or Order Filing 411 EXHIBIT FF by Honeywell International, Inc. regarding #410 Notice of Filing Epidemiological Studies. (Attachments: #1 Index, #2 Exhibit FF - HSE Study (2009)) (Davis, H.) Modified on 6/1/2015 to clarify docket entry text. (Baker, C.)
June 1, 2015 Opinion or Order Filing 410 NOTICE by Honeywell International, Inc. of Filing Epidemiological Studies (Attachments: #1 Index, #2 Exhibit A - Agudo Study, #3 Exhibit B - Aguilar-Madrid Study, #4 Exhibit C - Coggon Study, #5 Exhibit D - Goodman Study, #6 Exhibit E - Gustavsson Study, #7 Exhibit F - Hansen Study (1989), #8 Exhibit G - Hansen Study (2003), #9 Exhibit H - Hessel Study, #10 Exhibit I - Hodgson Study, #11 Exhibit J - HSE Study (2005), #12 Exhibit K - Jarvholm Study, #13 Exhibit L - Kelsh Study, #14 Exhibit M - Laden Study, #15 Exhibit N - McDonald Study, #16 Exhibit O - McElvenny Study, #17 Exhibit P - Merlo Study, #18 Exhibit Q - Milham Study, #19 Exhibit R - NIOSH Study, #20 Exhibit S - Olsen Study, #21 Exhibit T - Peto Study, #22 Exhibit U - Rake Study, #23 Exhibit V - Roelofs Study, #24 Exhibit W - Rolland Study (2005), #25 Exhibit X - Rolland Study (2010), #26 Exhibit Y - Rushton Study, #27 Exhibit Z - Spirtas Study (1994), #28 Exhibit AA - Spirtas Study (1985), #29 Exhibit BB - Teschke Study, #30 Exhibit CC - Teta Study, #31 Exhibit DD - Woitowitz Study, #32 Exhibit EE - Wong Study) (Davis, H.)
June 1, 2015 Opinion or Order TEXT ORDER denying #377 Motion to Amend Plaintiffs' Complaint - This matter comes now before the court upon plaintiffs' motion to amend complaint, the crux of which, also as noted by the court at hearing 5/28/15, is plaintiffs' request now to remove all aspects of Schedule I that relate to plaintiff Graham Yates's absestos exposure while in the U.S. Navy, and corresponding allegations in the claims that such exposure caused his mesothelioma, (DE 377). Having considered the arguments of the parties in support and in opposition, said motion is DENIED. Memorandum opinion shall follow in furtherance of the court's order. Signed by District Judge Louise Wood Flanagan on 06/01/2015. (Baker, C.)
May 30, 2015 Opinion or Order Filing 409 ORDER denying #254 Motion in Limine to Exclude Case Reports; granting #259 Motion in Limine to Exclude Welch Article; granting #276 Motion in Limine to Exclude Evidence Related to the Austrailian Mesothelioma Registry; denying #279 Motion in Limine to Exclude Anecdotal Evidence of Disease; and granting #287 Motion in Limine to Exclude the "Welch Paper" - Signed by District Judge Louise Wood Flanagan on 05/29/2015. (Baker, C.)
May 30, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #408 Notice of Filing Epidemiological Studies - Pursuant to Section L(2) of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. 'Exhibit A' is insufficient. 'Exhibit A - Map of Main Street' would meet the requirement.) Additionally, when filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents. Counsel is directed to refile the document with the necessary corrections (Baker, C.)
May 29, 2015 Opinion or Order Filing 408 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #410 * - NOTICE by Honeywell International, Inc. of Filing Epidemiological Studies (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) (Davis, H.) Modified on 6/1/2015 to insert refiling information. (Baker, C.)
May 29, 2015 Opinion or Order Filing 407 NOTICE by Becky Yates, Graham Yates regarding #377 MOTION to Amend Plaintiff's Complaint Adding Exhibit B - Redlined Version of First Amended Complaint. (Attachments: #1 Exhibit B - Redlined Version of First Amended Complaint) (Paul, Kevin)
May 29, 2015 Opinion or Order Filing 406 ORDER Regarding Testimony of Eugene Mark, M.D. on June 2, 2015 - Counsel shall review the attached order in its entirety and note directive to report any issue raised to the case administrator not later than 5:00 p.m. today. Signed by District Judge Louise Wood Flanagan on 05/29/2015. (Baker, C.)
May 29, 2015 Opinion or Order Filing 405 ORDER granting in part and denying in part #291 Motion in Limine to Exclude Expert Testimony Regarding Corporate Conduct and #360 Motion in Limine - Signed by District Judge Louise Wood Flanagan on 05/29/2015. (Baker, C.)
May 29, 2015 Opinion or Order Filing 404 NOTICE of Appearance by Samuel Lewis Tarry on behalf of Ford Motor Company. (Tarry, Samuel)
May 28, 2015 Opinion or Order Filing 403 Minute Entry for proceedings held before District Judge Louise Wood Flanagan - Telephonic Hearing held on 5/28/2015 at request of the parties in advance of pretrial motions hearings scheduled for June 2 and June 3, 2015. Counsel present for plaintiffs and defendants Ford Motor Company and Honeywell International, Inc. Court grants plaintiffs' motion requesting to use video teleconferencing for the live testimony of Dr. Eugene Mark. Court denies #303 MOTION in Limine to Exclude Evidence of Smoking and #307 MOTION in Limine to Exclude Workers' Compensation Claim. Issues bearing on agenda and scheduling of witness testimony addressed. Court directs plaintiffs to file by Friday, May 29, 2015 a redline version of the original complaint in supplement to their pending motion to amend the complaint. (Court Reporter - David Collier) (Baker, C.)
May 28, 2015 Opinion or Order Filing 402 SEALED NOTICE TO COUNSEL (Selected Participants Only)b (available to: Defendants Ford Motor Company, Honeywell International, Inc., Plaintiffs Becky Yates, Graham Yates). (Baker, C.)
May 28, 2015 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #380 MOTION in Limine, #385 MOTION in Limine, #382 MOTION in Limine, #384 MOTION in Limine, and #400 MOTION to Use Video Teleconferencing for the Live Testimony of Dr. Eugene Mark at the June 2nd and 3rd Pretrial Motions Hearing. (Baker, C.)
May 28, 2015 Opinion or Order ORAL ORDER denying as moot #303 Motion to Exclude Evidence of Smoking and #307 Motion to Exclude Workers' Compensation Claim - Signed by District Judge Louise Wood Flanagan on 05/28/2015. (Baker, C.)
May 28, 2015 Opinion or Order ORAL ORDER granting #400 Motion to Use Video Teleconferencing for the Live Testimony of Dr. Eugene Mark at the June 2nd and 3rd Pretrial Motions Hearing - Signed by District Judge Louise Wood Flanagan on 05/28/2015. (Baker, C.)
May 27, 2015 Opinion or Order Filing 401 Memorandum in Support regarding #400 MOTION to Use Video Teleconferencing for the Live Testimony of Dr. Eugene Mark at the June 2nd and 3rd Pretrial Motions Hearing filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Dr. Mark Conference Information) (Paul, Kevin)
May 27, 2015 Opinion or Order Filing 400 MOTION to Use Video Teleconferencing for the Live Testimony of Dr. Eugene Mark at the June 2nd and 3rd Pretrial Motions Hearing by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
May 27, 2015 Opinion or Order TEXT NOTICE of Hearing - Telephonic Conference set for 5/28/2015 at 2:30 PM before District Judge Louise Wood Flanagan. Court personnel will contact counsel in advance of the event and provide dial-in information necessary to participate in the telephonic conference. (Tripp, S.)
May 26, 2015 Opinion or Order Filing 399 NOTICE by Honeywell International, Inc. regarding #397 Reply to Response to Motion, of Joinder to Defendant Ford's Reply (Davis, H.)
May 26, 2015 Opinion or Order Filing 398 NOTICE by Ford Motor Company regarding #395 Reply to Response to Motion, Notice of Ford's Joinder (Ries, Addie)
May 26, 2015 Opinion or Order Filing 397 REPLY to Response to Motion regarding #382 MOTION in Limine Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody filed by Ford Motor Company. (Attachments: #1 Exhibit A - Table of Scientific Studies, #2 Exhibit B - Dellinger v. Pfizer, #3 Exhibit C - Roggli Affidavit) (Ries, Addie)
May 26, 2015 Opinion or Order Filing 396 ORDER denying #387 Motion to Strike #382 MOTION in Limine to Exclude the Testimony of Dr. Mark and Dr. Brody and 384 MOTION in Limine - The court will take up defendant Ford's May 8 Motion (DE 382), joined by defendant Honeywell (DE 384), in due course. Signed by District Judge Louise Wood Flanagan on 05/26/2015. (Baker, C.)
May 26, 2015 Opinion or Order Filing 395 REPLY to Response to Motion regarding #380 MOTION in Limine Daubert Motion to Preclude Evidence Suggesting that Brake Dust Causes Plural Mesothelioma or that "Every Exposure Counts" filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Roggli Affidavit, #2 Exhibit B - Butnor Article, #3 Exhibit C - Roggli Excerpt, #4 Exhibit D - Roggli Excerpt, #5 Exhibit E - EPA) (Davis, H.)
May 19, 2015 Opinion or Order Filing 394 RESPONSE in Opposition regarding #377 MOTION to Amend Plaintiff's Complaint filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Raleigh Flex Owner I, LLC v. MarketSmart Interactive, #3 Exhibit B - US v. Brewton, #4 Exhibit C - Brickman, The Evolution of Asbestos Litigation, #5 Exhibit D - Ayon v. Gourley, #6 Exhibit E - Hornbeck v. Doe, #7 Exhibit F - Kant v. Columbia Univ., #8 Exhibit G - Sisk v. Abbot Labs) (Ries, Addie)
May 19, 2015 Opinion or Order Filing 393 ORDER granting #391 Motion for Leave to File Excess Pages - Signed by District Judge Louise Wood Flanagan on 05/19/2015. (Baker, C.)
May 19, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #391 MOTION for Leave to File Excess Pages TO FILE A CONSOLIDATED RESPONSE TO DEFENDANTS' DAUBERT MOTIONS. (Baker, C.)
May 18, 2015 Opinion or Order Filing 392 Memorandum in Opposition regarding #380 MOTION in Limine Daubert Motion to Preclude Evidence Suggesting that Brake Dust Causes Plural Mesothelioma or that "Every Exposure Counts", #382 MOTION in Limine Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 82 - Dr.Mark Declaration, #2 Exhibit 83 - Depo Dr Brody 11-13-14, #3 Exhibit 84 - Brody Fed ReportSigned-6-2013, #4 Exhibit 85 - Leaman - Brody, #5 Exhibit 86 - Consensus Report 2014, #6 Exhibit 87 - Kinseth Order re Post Trial Motions, #7 Exhibit 88 - Ford MSDS, #8 Exhibit 89 - Ford SP2 Endorsement, #9 Exhibit 90 - Ford Recommends Don't Blow It, #10 Exhibit 91 - FMSI Meeting June 1973, #11 Exhibit 92 - Allen - List of Papers funded by Ford, #12 Exhibit Ex 93 - Depo of Rich Schlenker 2014_08_28.pdf, #13 Exhibit 94 - Exponent Payments from Ford, #14 Exhibit 95 - Paustenbach to Nunez, #15 Exhibit 96 - Joint Defense Agreement, #16 Exhibit 97 - Order re In Camera Inspection 2015_01_30, #17 Exhibit 98 - IJOEH-Criticism of chrysotile argument 2015, #18 Exhibit 99 - Teschke Report, #19 Exhibit 100 - Garvin - Post-Trial Order, #20 Exhibit 101 - Muniz - FL Order on Defendants' Motion in Limine, #21 Exhibit 102 - Checkoway, #22 Exhibit 103 - Fed Ref Manual 3d ed - excerpts, #23 Exhibit 104 - 2000 Quantitative Risks of Meso and Lung Hodgson, #24 Exhibit 105 - Lott v. Bondex frye hearing, #25 Exhibit 106 - OSHA 2014 NO SAFE LEVEL, #26 Exhibit 107 - Pukkala Occupation and Cancer 2009 - PART 1, #27 Exhibit 107 - Pukkala Occupation and Cancer 2009 - PART 2, #28 Exhibit 107 - Pukkala Occupation and Cancer 2009 - PART 3, #29 Exhibit 107 - Pukkala Occupation and Cancer 2009 - PART 4, #30 Exhibit 108 - Hays Graham Yates Supplemental Report 073113) (Paul, Kevin)
May 18, 2015 Opinion or Order Filing 391 MOTION for Leave to File Excess Pages TO FILE A CONSOLIDATED RESPONSE TO DEFENDANTS' DAUBERT MOTIONS by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
May 18, 2015 Opinion or Order Filing 390 RESPONSE in Opposition regarding #377 MOTION to Amend Plaintiff's Complaint filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Yates Video Deposition, #2 Exhibit B - Yates Discovery Deposition, #3 Exhibit C - Mark Vol. I Deposition, #4 Exhibit D - Mark Vol. II Deposition, #5 Exhibit E - Mark Report) (Davis, H.)
May 15, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #387 MOTION to Strike #382 MOTION in Limine and #384 MOTION in Limine. (Baker, C.)
May 14, 2015 Opinion or Order Filing 389 RESPONSE in Opposition regarding #387 MOTION to Strike #382 MOTION in Limine Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody, #384 MOTION in Limine filed by Ford Motor Company, Honeywell International, Inc. (Attachments: #1 Exhibit A - Maxtena Inc. v. Marks, #2 Exhibit B - Shepard v. Lowes Food Stores) (Ries, Addie) Modified on 5/15/2015 to clarify filers of document. (Baker, C.)
May 12, 2015 Opinion or Order Filing 388 Memorandum in Support regarding #387 MOTION to Strike #382 MOTION in Limine Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody, #384 MOTION in Limine filed by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
May 12, 2015 Opinion or Order Filing 387 MOTION to Strike #382 MOTION in Limine Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody, #384 MOTION in Limine by Becky Yates, Graham Yates. (Paul, Kevin)
May 12, 2015 Opinion or Order TEXT ORDER regarding #387 MOTION to Strike #382 MOTION in Limine Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody and #384 MOTION in Limine filed by Graham Yates and Becky Yates - Any response to the motion to strike shall be due by Friday, May 15, 2015. No reply shall be allowed. Signed by District Judge Louise Wood Flanagan on 05/12/2015. (Baker, C.)
May 11, 2015 Opinion or Order Filing 386 ORDER regarding #255 Motion in Limine to Exclude Exhibits Regarding FMSI; #256 Motion in Limine to Exclude Evidence which Post-Dates Plaintiff's Last Date of Alleged Exposure; #261 Motion in Limine to Exclude the EPA's 1986 Guidance Document; #281 Motion in Limine to Exclude Evidence Related to the Coordinating Committee for Automotive Repair; #283 Motion in Limine to Exclude the "Don't Blow It" Video; #285 Motion in Limine to Exclude Evidence which Post-Dates Graham Yates' Last Alleged Asbestos Exposure to Ford Products; #289 Motion in Limine to Exclude Evidence of Foreign Bans on the Importation of Chrysotile Asbestos; #294 Motion in Limine to Exclude Evidence of Governmental Precautionary Statements about Asbestos; and #360 Motion in Limine - Notice of Joinder. Signed by District Judge Louise Wood Flanagan on 05/11/2015. (Baker, C.)
May 8, 2015 Opinion or Order Filing 385 NOTICE of Joinder by Ford Motor Company regarding #380 MOTION in Limine - Daubert Motion to Preclude Evidence Suggesting that Brake Dust Causes Plural Mesothelioma or that "Every Exposure Counts". #381 (Ries, Addie) Modified on 5/11/2015 to open as a pending motion in limine. (Baker, C.)
May 8, 2015 Opinion or Order Filing 384 NOTICE of Joinder by Honeywell International, Inc. regarding #382 MOTION in Limine - Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody. (Davis, H.) Modified on 5/11/2015 to open as a pending motion in limine. (Baker, C.)
May 8, 2015 Opinion or Order Filing 383 Memorandum in Support regarding #382 MOTION in Limine - Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Deposition of Dr. Eugene Mark, #3 Exhibit B - Dr. Mark's Report, #4 Exhibit C - Dr. Brody Deposition Excerpts, #5 Exhibit D - Dr. Brody Report, #6 Exhibit E - Nelson v. Am. Std., #7 Exhibit F - Comardelle v. Pa. Gen. Ins., #8 Exhibit G - Davidson v. Ga. Pacific, #9 Exhibit H - Carroll v. Litton Sys., Inc., #10 Exhibit I - Juni v. A.O. Smith, #11 Exhibit J - Langer Study, #12 Exhibit K - Fisher Study, #13 Exhibit L - Fubini Study, #14 Exhibit M - Valentine Study, #15 Exhibit N - Cases Excluding the "Each and Every Exposure" Theory, #16 Exhibit O - Excerpt from Trial Testimony of Dr. Crapo) (Ries, Addie)
May 8, 2015 Opinion or Order Filing 382 MOTION in Limine - Daubert Motion to Exclude the Testimony of Dr. Mark and Dr. Brody by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
May 8, 2015 Opinion or Order Filing 381 Memorandum in Support regarding #380 MOTION in Limine - Daubert Motion to Preclude Evidence Suggesting that Brake Dust Causes Plural Mesothelioma or that "Every Exposure Counts" filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Vol. II, Mark Deposition, #2 Exhibit B - Vol. III, Mark Deposition, #3 Exhibit C - Vol. IV, Mark Deposition, #4 Exhibit D - Mark Report, #5 Exhibit E - Tereshko Order, #6 Exhibit F - Juni Order, #7 Exhibit G - Yates Discovery Deposition, #8 Exhibit H - Carbone, #9 Exhibit I - Langer, #10 Exhibit J - Fisher, #11 Exhibit K - Fubini, #12 Exhibit L - Bernstein 2014, #13 Exhibit M - Bernstein 2015, #14 Exhibit N - Buntz-Mark Transcript, #15 Exhibit O - Morrison-Mark Transcript, #16 Exhibit P - Angelo, #17 Exhibit Q - Davidson, #18 Exhibit R - Willis, #19 Exhibit S - Mosqueira-Mark Transcript, #20 Exhibit T - Herring-Brody Transcript, #21 Exhibit U - Krik, #22 Exhibit V - Lund, #23 Exhibit W - Kovary) (Davis, H.)
May 8, 2015 Opinion or Order Filing 380 MOTION in Limine - Daubert Motion to Preclude Evidence Suggesting that Brake Dust Causes Plural Mesothelioma or that "Every Exposure Counts" by Honeywell International, Inc. (Attachments: #1 Text of Proposed Order) (Davis, H.)
April 28, 2015 Opinion or Order Filing 379 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #377 MOTION to Amend Plaintiff's Complaint, #378 Memorandum in Support. (Paul, Kevin)
April 28, 2015 Opinion or Order Filing 378 Memorandum in Support regarding #377 MOTION to Amend Plaintiff's Complaint filed by Becky Yates, Graham Yates. (Paul, Kevin)
April 28, 2015 Opinion or Order Filing 377 MOTION to Amend Plaintiff's Complaint by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Proposed First Amended Complaint) (Paul, Kevin)
April 22, 2015 Opinion or Order Remark - All pending motions in limine submitted to District Judge Louise Wood Flanagan. (Baker, C.)
April 21, 2015 Opinion or Order Filing 376 RESPONSE regarding #363 Order as to filing of replies is support of pending motions in limine filed by Becky Yates, Graham Yates. (Baker, C.)
April 21, 2015 Opinion or Order Filing 375 REPLY to Response to Motion regarding #301 MOTION in Limine to Exclude Unsupported Expert Testimony Claiming Plaintiff was Exposed to Asbestos in the Navy, #299 MOTION in Limine to Exclude Bankruptcy Claim Forms, #309 MOTION in Limine to Limit Testimony of John Graham, #305 MOTION in Limine to Exclude VA Compensation Packet filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Paustenbach article, #2 Exhibit 2 - DD_214_Yates, #3 Exhibit 3 - Gio Report, #4 Exhibit 4 - Supplemental Reference List, #5 Exhibit 5 - Blue Jacket Manual, #6 Exhibit 6 - Graham Yates 2-13-13, #7 Exhibit 7 - McCluskey Report) (Paul, Kevin)
April 21, 2015 Opinion or Order Filing 374 NOTICE of Joinder by Honeywell International, Inc. regarding #373 Reply to Response to Motion. (Davis, H.)
April 21, 2015 Opinion or Order Filing 373 REPLY to Response to Motion regarding #291 MOTION in Limine to Exclude Expert Testimony Regarding Corporate Conduct filed by Ford Motor Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Hall v. Boston Scientific, #3 Exhibit B - Wise v. C.R. Bard, Inc., #4 Exhibit C - Eghnayem v. Boston Scientific, #5 Exhibit D - Sanchez v. Boston Scientific, #6 Exhibit E - Trial Testimony of Mark Taylor in Ginter) (Ries, Addie)
April 21, 2015 Opinion or Order Filing 372 NOTICE of Joinder by Honeywell International, Inc. regarding #371 Reply to Response to Motion. (Davis, H.)
April 21, 2015 Opinion or Order Filing 371 REPLY to Response to Motion regarding #297 MOTION in Limine to Exclude Evidence Related to the Longo/Hatfield Experiments filed by Ford Motor Company. (Attachments: #1 Exhibit A - Krik v. Crane, #2 Exhibit B - Tyre v. CSX Transportation, #3 Exhibit C - In re Lamar Co.) (Ries, Addie)
April 21, 2015 Opinion or Order Filing 370 NOTICE of Joinder by Honeywell International, Inc. regarding #367 Reply to Response to Motion. (Davis, H.)
April 21, 2015 Opinion or Order Filing 369 NOTICE of Joinder by Honeywell International, Inc. regarding #366 Reply to Response to Motion. (Davis, H.)
April 21, 2015 Opinion or Order Filing 368 REPLY to Response to Motion regarding #281 MOTION in Limine to Exclude Evidence Related to the Coordinating Committee for Automotive Repair, #283 MOTION in Limine to Exclude the "Don't Blow It" Video, #276 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE AUSTRALIAN MESOTHELIOMA REGISTRY, #294 Corrected MOTION in Limine to Exclude Evidence of Governmental Precautionary Statements about Asbestos, #279 MOTION in Limine to Exclude Anecdotal Evidence of Disease, #289 MOTION in Limine to Exclude Evidence of Foreign Bans on the Importation of Chrysotile Asbestos, #285 MOTION in Limine to Exclude Evidence which Post-Dates Graham Yates' Last Alleged Asbestos Exposure to Ford Products filed by Ford Motor Company. (Attachments: #1 Exhibit A - Fontenot v. TASER) (Ries, Addie)
April 21, 2015 Opinion or Order Filing 367 REPLY to Response to Motion regarding #273 MOTION in Limine Omnibus Motion in Limine filed by Ford Motor Company. (Attachments: #1 Exhibit A - McCracken v. DePuy) (Ries, Addie)
April 21, 2015 Opinion or Order Filing 366 REPLY to Response to Motion regarding #287 MOTION in Limine to Exclude the "Welch Paper" filed by Ford Motor Company. (Ries, Addie)
April 21, 2015 Opinion or Order Filing 365 REPLY to Response to Motion regarding #256 MOTION in Limine to Exclude Evidence which Post-Dates Plaintiff's Last Date of Alleged Exposure filed by Honeywell International, Inc. (Davis, H.)
April 15, 2015 Opinion or Order Filing 364 RESPONSE in Opposition regarding #287 MOTION in Limine to Exclude the "Welch Paper", #259 MOTION in Limine to Exclude Welch Article Plaintiffs' Supplement (to Doc. 325) to Consolidated Response to Motions in Limine to Exclude the Aricle Entitled "Asbestos Exposure Causes Mesothelioma, But Not This Asbestos Exposure: An Amicus Brief to the Michigan Supreme Court" by Laura Welch, et al. filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 2 - 2011_12_30 Teschke Report copy 2) (Paul, Kevin)
April 15, 2015 Opinion or Order Filing 363 ORDER - Counsel should review the attached order in its entirety for critical pre-trial scheduling information. Signed by District Judge Louise Wood Flanagan on 04/15/2015. (Baker, C.)
April 15, 2015 Opinion or Order **** Set Hearing - Motion hearing set for 6/2/2015 and 6/3/2015 09:30 AM each day in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
April 14, 2015 Opinion or Order Filing 362 STATUS REPORT by Ford Motor Company. (Ries, Addie)
April 14, 2015 Opinion or Order Filing 361 RESPONSE in Opposition regarding #257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills or the Amounts that Have Been Paid (Consolidated Response to Honeywell and Ford's Motions) filed by Becky Yates, Graham Yates. (Paul, Kevin)
April 13, 2015 Opinion or Order Filing 360 NOTICE by Honeywell International, Inc. of Joinder of Defendant Ford's Motions in Limine. (Davis, H.) Modified on 4/21/2015 to open entry as a pending motion in limine pursuant to directive received from presiding judge. (Baker, C.)
April 13, 2015 Opinion or Order Filing 359 ORDER granting #357 Motion for Leave to File Notice of Joinder to Ford's Motions in Limine - Honeywell International Inc. may file its Notice of Joinder to Defendant Ford Motor Company's Motions in Limine. Signed by District Judge Louise Wood Flanagan on 04/13/2015. (Baker, C.)
April 13, 2015 Opinion or Order Filing 358 Memorandum in Support regarding #357 MOTION for Leave to File Notice of Joinder to Ford's Motions in Limine filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Proposed Notice of Joinder) (Davis, H.)
April 13, 2015 Opinion or Order Filing 357 MOTION for Leave to File Notice of Joinder to Ford's Motions in Limine by Honeywell International, Inc. (Attachments: #1 Text of Proposed Order) (Davis, H.)
April 13, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #357 MOTION for Leave to File Notice of Joinder to Ford's Motions in Limine. (Baker, C.)
April 10, 2015 Opinion or Order Filing 356 ORDER Memorializing Administrative Telephonic Conference Held on April 8, 2015 - Counsel should review the attached order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 04/10/2015. (Baker, C.)
April 10, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #349 Motion for Joinder, #352 Motion for Joinder, #350 Motion for Joinder, #354 Motion for Joinder, and #353 Motion for Joinder - Incorrect event used. Motion events shall not be utilized for filings that do not seek relief from the court. The clerk's office has terminated these pending motions. Future filings of this nature should be filed using the "Notice (other)" event. Refiling of these items is not requested at this time. (Baker, C.)
April 9, 2015 Opinion or Order **** Reset Hearings - Final Pretrial Conference reset for 6/29/2015 at 9:30 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. Jury Selection and commencement of Jury Trial reset for 7/13/2015 at 9:30 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. Counsel shall appear before the court at 9:00 a.m. in the 2nd Floor Courtroom on the first day of trial for an administrative conference in advance of jury selection. (Baker, C.)
April 8, 2015 Opinion or Order Filing 355 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in Chambers in New Bern, NC - Administrative Telephonic Conference held on 4/8/2015. Counsel present for all plaintiffs and defendants Honeywell International, Inc. and Ford Motor Company. Conference convened on court's own motion to address magnitude of recent motion filings and related briefs and their bearing on the present trial schedule. Court suspends current pretrial and trial deadlines. Final pretrial conference reset for June 29, 2015 in New Bern. Jury trial rescheduled to commence on July 13, 2015 in New Bern. Court allows four additional hours of deposition for Dr. Eugene Mark. Parties ordered to file joint consent report by April 14, 2015. After receipt and review of same, court will enter a finalized case schedule. Current pending motions discussed. Plaintiffs move to extend deadline to respond to #257 MOTION in Limine. Motion allowed - response due by 04/14/2015. Written order to follow. (Court Reporter - David Collier) (Baker, C.)
April 8, 2015 Opinion or Order ORAL MOTION for Extension of Time to File Response as to #257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills by Becky Yates, Graham Yates. (Baker, C.)
April 8, 2015 Opinion or Order ORAL ORDER denying as moot #311 Motion in Limine Strike Affidavit of David H. Garabran - Signed by District Judge Louise Wood Flanagan on 04/08/2015. (Baker, C.)
April 8, 2015 Opinion or Order ORAL ORDER granting Oral Motion for Extension of Time to File Response regarding #257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills - Responses due by 4/14/2015. Signed by District Judge Louise Wood Flanagan on 04/08/2015. (Baker, C.)
April 8, 2015 Opinion or Order ORAL ORDER denying without prejudice #330 MOTION to Strike Dr. Mark's Testimony - Signed by District Judge Louise Wood Flanagan on 04/08/2015. (Baker, C.)
April 8, 2015 Opinion or Order ORAL ORDER dismissing #277 Motion in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" - Signed by District Judge Louise Wood Flanagan on 04/08/2015. (Baker, C.)
April 8, 2015 Opinion or Order Filing 354 NOTICE of Joinder in #347 Response to Plaintiffs' Motion In Limine to Exclude VA Compensation Packet by Honeywell International, Inc. (Davis, H.) Modified on 4/10/2015 to clarify docket entry text. (Baker, C.)
April 8, 2015 Opinion or Order Filing 353 NOTICE of Joinder in #346 Response to Plaintiffs' Motion In Limine to Exclude Unsupported Expert Testimony Claiming Plaintiff was Exposed to Asbestos in the Navy by Honeywell International, Inc. (Davis, H.) Modified on 4/10/2015 to clarify docket entry text. (Baker, C.)
April 8, 2015 Opinion or Order Filing 352 NOTICE of Joinder in #352 Response to Plaintiffs' Motion In Limine to Exclude Bankruptcy Claim Forms by Honeywell International, Inc. (Davis, H.) Modified on 4/10/2015 to clarify docket entry text. (Baker, C.)
April 8, 2015 Opinion or Order Filing 351 RESPONSE in Opposition regarding #299 MOTION in Limine to Exclude Bankruptcy Claim Forms filed by Ford Motor Company. (Ries, Addie)
April 8, 2015 Opinion or Order Filing 350 NOTICE of Joinder in #345 Response to Plaintiffs' Motion in Limine to Exclude Workers' Compensation Claim by Honeywell International, Inc. (Davis, H.) Modified on 4/10/2015 to clarify docket entry text. (Baker, C.)
April 8, 2015 Opinion or Order Filing 349 NOTICE of Joinder in #344 Response to Plaintiffs' Motion in Limine to Exclude Evidence of Smoking by Honeywell International, Inc. (Davis, H.) Modified on 4/10/2015 to clarify docket entry text. (Baker, C.)
April 8, 2015 Opinion or Order Filing 348 NOTICE of Appearance by Jason Larry Walters on behalf of Honeywell International, Inc. (Walters, Jason)
April 8, 2015 Opinion or Order Filing 347 RESPONSE in Opposition regarding #305 MOTION in Limine to Exclude VA Compensation Packet filed by Ford Motor Company. (Attachments: #1 Exhibit A - VA Claim Application) (Ries, Addie)
April 8, 2015 Opinion or Order Filing 346 RESPONSE in Opposition regarding #301 MOTION in Limine to Exclude Unsupported Expert Testimony Claiming Plaintiff was Exposed to Asbestos in the Navy filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpt from Plaintiffs' Responses to Ford's Interrogatories, #3 Exhibit B - Babcock & Wilcox Proof of Claim, #4 Exhibit C - DII Indus., LLC Proof of Claim, #5 Exhibit D - General Motors Proof of Claim, #6 Exhibit E - VA Claim Application, #7 Exhibit F - Claim Decision, #8 Exhibit G - Excerpt from Graham Yates Videotaped Deposition taken Feb. 13, 2013, #9 Exhibit H - Excerpt from Graham Yates Discovery Deposition taken Feb. 13, 2013, #10 Exhibit I - Medical Records Excerpts, #11 Exhibit J - Excerpt from Report and Declaration of Eugene Mark, MD) (Ries, Addie)
April 8, 2015 Opinion or Order Filing 345 RESPONSE regarding #307 MOTION in Limine to Exclude Workers' Compensation Claim filed by Ford Motor Company. (Ries, Addie)
April 8, 2015 Opinion or Order Filing 344 RESPONSE regarding #303 MOTION in Limine to Exclude Evidence of Smoking filed by Ford Motor Company. (Ries, Addie)
April 8, 2015 Opinion or Order Filing 343 NOTICE of Joinder by Ford Motor Company regarding #341 Response in Opposition to Motion. (Ries, Addie)
April 8, 2015 Opinion or Order Filing 342 NOTICE of Joinder by Ford Motor Company regarding #340 Response in Opposition to Motion. (Ries, Addie)
April 8, 2015 Opinion or Order Filing 341 RESPONSE in Opposition regarding #309 MOTION in Limine to Limit Testimony of John Graham filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Graham Report, #2 Exhibit B - Graham Deposition Transcript, #3 Exhibit C - Yates Video Deposition Transcript) (Davis, H.)
April 8, 2015 Opinion or Order Filing 340 RESPONSE in Opposition regarding #311 MOTION in Limine to Strike Affidavit of David H. Garabrant filed by Honeywell International, Inc. (Davis, H.)
April 8, 2015 Opinion or Order Filing 339 NOTICE of Appearance by Kevin P. Greene on behalf of Honeywell International, Inc. (Greene, Kevin)
April 7, 2015 Opinion or Order Filing 338 RESPONSE in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" and Joinder by Ford Motor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 71 - 1995_Rosler, et al 'Recent data on cancer...asb in Germany', #2 Exhibit 72 - Jung 2012, #3 Exhibit 73 - 1997_Teschke 'Meso Surveillance to Locate Sources', #4 Exhibit 74 - 2004 Goodman_Meso&LC AmongMotorVehMechanics, #5 Exhibit 75 - 1982_'Meso in Brake Repair Worker' Langer,McCaughey, #6 Exhibit 76 - 1989 'Mortality of auto mechanics', #7 Exhibit 77 - 1961 Ford-Mercury Manual, #8 Exhibit 78 - Dr. Mark- Absence of Evidence article, #9 Exhibit 79 - 1992_Asbestos and the Histogenesis of Lung Carcinoma (Mark & Shin), #10 Exhibit 80 - 1993 Diffuse MaligMesoOfThePleura (Mark&Shin), #11 Exhibit 81 - 1995_Roggli_MaligMeso&DurationOfAsbExp) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 337 Memorandum in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" and Joinder by Ford Motor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 61 - Garcia-Gomez Asbestos-related occupational cancers compensated under the Spanish National Insurance System, 1978201, #2 Exhibit 62 - 1973_ASC Minutes of Mtg 02-16-73 (BX 17), #3 Exhibit 63 - OSHA 2014 NO SAFE LEVEL, #4 Exhibit 64 - 2011_Skammeritz_Asbestos Exposure and Survival, #5 Exhibit 65 - 2005 Pan, #6 Exhibit 66 - 1994_'Use of asb, health risks, induced occup. disease' by Sturm 1994, #7 Exhibit 67 - 2002_Roggli, #8 Exhibit 68 - Roggli's TT in Batten, #9 Exhibit 69 - 2002_'Malignant Meso in Australia 45-00' by J. Leigh, 2002, #10 Exhibit 70 - 2010_Malig meso among emplys CT factory mfg frict' Finkelstein,Meisenkothen) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 336 RESPONSE in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" and Joinder by Ford Motor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 51 - 2001_Shcherbakov, #2 Exhibit 52 - Tossavainen, #3 Exhibit 53- Rolland abstract (2006), #4 Exhibit 54 - 1998_Frank,Dodson, #5 Exhibit 55 - 1998_'Asb in the lungs of persons exposed in USA' by Langer 1998, #6 Exhibit 56 - 1991_'Chrysotile asb and health in Zimbabwe' Cullen, Baloyl, #7 Exhibit 57_2007 Lin, et al (The Lancet), #8 Exhibit 58 - 1976 Lorimer et al_AsbeExp of Brake Repair Workers in the United States, #9 Exhibit 59 - 2004 ATKINSON_Brake_Shoes, #10 Exhibit 60 - Salazar-Asbestos Exposure among Transmission Mechanics in Automotive Repair Shops 2014) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 335 RESPONSE in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" and Joinder by Ford Motor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 41 - Gunnar Hillerdal, Meso-Cases Assoc. with Non-Occup. & Low Dose Exp., 1999, #2 Exhibit 42 - Low Exposure Netherlands Article, #3 Exhibit 43 - Robinson _'Advances in Malignant Meso' NEJM art. 10.13.05, #4 Exhibit 44 - 2007_Everatt, et al, #5 Exhibit 45 -SuzukiYuenAsbestosTissueBurdenStudyonHumanMalignan Meso, #6 Exhibit 46 - Bianchi article, #7 Exhibit 47 - CPSC ban 1977, #8 Exhibit 48 - MSHA - 02-29-08 Federal Register, #9 Exhibit 49 - 1998_WHO - Chrysotile Asbestos, #10 Exhibit 50 - 2001_Kashansky) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 334 RESPONSE in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" and Joinder by Ford Motor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 31 - 1986 EPA Gold Book 'Guidance for prev asb', #2 Exhibit 32 - 2007-Michaels-How Litigation Shapes the Scientific Literature, #3 Exhibit 33 - 2007 EPA 'Prevent asb exp brake worker', #4 Exhibit 34 - 2006 OSHA 'Asb-Auto brake,clutch', #5 Exhibit 35 - 2005_Egilman Abuse of Epidemiology, #6 Exhibit 36 - 2012_Freeman&Kohles Meso+BrakeAsbestos IJOEH, #7 Exhibit 37 - Lott v. Bondex frye hearing, #8 Exhibit 38 - FD 6023, #9 Exhibit 39 - Graham Yates Report 071613, #10 Exhibit 40 - EPA, A Guide for Ship Scrappers 2000) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 333 RESPONSE in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" and the Joinder Filed by For dMotor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 21 - Laura Welch, Asbestos Exposure Causes Meso, but Not This Asb. Exp., 2007, #2 Exhibit 22 - Victor Roggli, Human Disease Consequences of Fiber Exposures, 1990, #3 Exhibit 23 - Allan Smith, Chrysotile Asbestos is the Main Cause of Pleural Meso, 1996, #4 Exhibit 24 - 2011_'Meso from Chry Asb-Update' Kanarek, #5 Exhibit 25 - IARC - 2009_Special Report, #6 Exhibit 26 - 2012 Position on Asbestos, #7 Exhibit 27 - Roelofs 2013, #8 Exhibit 28 - 1970 'Epidm of Prim Malig Meso Tumor' McDonald, #9 Exhibit 29 - 1978 'NonOccup Exp to Asb' The Lancet, #10 Exhibit 30 - 2000 WTO 'Europ Comm Measure Affctg Asb') (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 332 RESPONSE in Opposition regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts", #285 MOTION in Limine to Exclude Evidence which Post-Dates Graham Yates' Last Alleged Asbestos Exposure to Ford Products filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Roggli Affidavit 2001, #2 Exhibit 2 - Roggli affidavitlow level exposure and mesothleioma, #3 Exhibit 3 - Roggli 05-08-07 (Pounds), #4 Exhibit 4 - 031015_V. Roggli_cond_N_ex_CERTIFIED TRANSCRIPT (iDepo2), #5 Exhibit 5 - BX 5117, #6 Exhibit 6 - Honeywell 2013 Abatement Policy, #7 Exhibit 7 - Dr. Mark Report 080113, #8 Exhibit 8 - Mark CV 04-2014, #9 Exhibit 9 - Mark Exp Rpt 6.17.13, #10 Exhibit 10 - Mark Deposition 3-16-15, #11 Exhibit 11 -Eugene Mark-Cowan Deposition, #12 Exhibit 12 - Mahoney v Georgia-Pacific LLC, #13 Exhibit 13 - Robertson v Doug Ashy Bldg Materials Inc-2, #14 Exhibit 14 - Hill (CA fed) - Order denying motion to exclude Millette, Mark and Brodkin, #15 Exhibit 15 - Bobo v. TVA_ 2014 U.S. Dist. LEXIS 117917, #16 Exhibit 16 - Kinseth - Ruling on Motions to Exclude 022714, #17 Exhibit 17 - Consensus Report, Asbestos, Asbestosis, and Cancer, #18 Exhibit 18 - Philip Landrigan, The Hazards of Chrysotile Asbestos, 1999, #19 Exhibit 19 - Iwatsubo Y., Pleural Meso, Dose Response in French Population, 1998, #20 Exhibit 20 - Rodelsperger) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 331 Memorandum in Support regarding #330 MOTION to Strike filed by Ford Motor Company, Honeywell International, Inc. (Attachments: #1 Exhibit A - 3/23/15 Hearing Transcript, #2 Exhibit B - Deposition Notice for Dr. Marks testimony on April 6, 2015, #3 Exhibit C - Deposition Notice for Dr. Marks testimony on March 16, 2015, #4 Exhibit D - Excerpt of Dr. Mark Deposition taken on April 6, 2015) (Ries, Addie)
April 7, 2015 Opinion or Order Filing 330 MOTION to Strike by Ford Motor Company, Honeywell International, Inc. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
April 7, 2015 Opinion or Order Filing 329 RESPONSE in Opposition regarding #256 MOTION in Limine to Exclude Evidence which Post-Dates Plaintiff's Last Date of Alleged Exposure, #285 MOTION in Limine to Exclude Evidence which Post-Dates Graham Yates' Last Alleged Asbestos Exposure to Ford Products filed by Becky Yates, Graham Yates. (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 328 RESPONSE in Opposition regarding #258 MOTION in Limine for Disclosure of Total Amount of Setoff filed by Honeywell International and Ford Motor Conmpany filed by Becky Yates, Graham Yates. (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 327 RESPONSE in Opposition regarding #289 MOTION in Limine to Exclude Evidence of Foreign Bans on the Importation of Chrysotile Asbestos filed by Becky Yates, Graham Yates. (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 326 RESPONSE in Opposition regarding #273 MOTION in Limine Omnibus Motion in Limine of Ford Motor Company filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - IJOEH_July07_Welch #1 , #2 Exhibit 2 - IHF-Transactions 1946, #3 Exhibit 3 - IHF Digest April 1957, #4 Exhibit 4 - IHF Digest June 1957) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 325 RESPONSE in Opposition regarding #287 MOTION in Limine to Exclude the "Welch Paper", #259 MOTION in Limine to Exclude Welch Article filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Welch Article) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 324 RESPONSE in Opposition regarding #297 MOTION in Limine to Exclude Evidence Related to the Longo/Hatfield Experiments filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Longo Affidavit 2.10.05, #2 Exhibit 2 - OSHA letter to Longo, #3 Exhibit 3 - Longo Affidavit 6.15.01, #4 Exhibit 4 - Boelter 1989, #5 Exhibit 5 - Longo gasket study, #6 Exhibit 6 - Methods for Determining Hazardous Substances 1997, #7 Exhibit 7 - Selikoff 1971, #8 Exhibit 8 - EPA SOP, #9 Exhibit 9 - EPA Guidance 1985, #10 Exhibit 10 - Asbestosis Research Council 1973, #11 Exhibit 11 - Chissick 1983, #12 Exhibit 12 - UCC Toxicology Report, #13 Exhibit 13 - Lee 1970, #14 Exhibit 14 - Grooken IH Report 1978, #15 Exhibit 15 - Rock Deposition in Applequist, #16 Exhibit 16 - Textbook excerpts, #17 Exhibit 17 - Longo list of non-litigation uses, #18 Exhibit 18 - Millette Affidavit, #19 Exhibit 19 - Ewing Affidavit, #20 Exhibit 20 - LIst of prior orders, #21 Exhibit 21 - Prior Court Orders, #22 Exhibit 22 - Bickham, #23 Exhibit 23 - Gibbs, #24 Exhibit 24 - Emrick, #25 Exhibit 25 - Raines hearing and order) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 323 RESPONSE in Opposition regarding #255 MOTION in Limine to Exclude Exhibits Regarding FMSI and Asbestos Textile Institute filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Doris Fagan 5-23-79, #2 Exhibit 2 - Drislane 08-23-82 (Hughes), #3 Exhibit 3 - Drislane 07-23-99 (Book), #4 Exhibit 4 - Affidavit_Baumgardner 09-17-09 (FMSI docs)) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 322 RESPONSE in Opposition regarding #291 MOTION in Limine to Exclude Expert Testimony Regarding Corporate Conduct filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Memo on the Industrial Diseases 1932, #2 Exhibit 2 - Memo on the Industrial Diseases 1935, #3 Exhibit 3 - Lawrence Roslinski depo excerpts, #4 Exhibit 4 - Hueper - American Society for the Control of Cancer, #5 Exhibit 5 - Aid for Industry Article, #6 Exhibit 6 - Mark CV 02-2013, #7 Exhibit 7 - Dr. Mark Report 080113, #8 Exhibit 8 - Hays CV) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 321 RESPONSE in Opposition regarding #260 MOTION in Limine to Exclude E.A. Martin Letter filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit A - Honeywell Resp to P's Master Discovery, #2 Exhibit B - Rogers, Eugene 9-27-91 (Mutz), #3 Exhibit C - Linda Parrish July 5 1984, #4 Exhibit D - EA_Martin_Admitted_by_J._O_Reilly, #5 Exhibit E - Order-EA MARTIN) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 320 RESPONSE in Opposition regarding #283 MOTION in Limine to Exclude the "Don't Blow It" Video filed by Becky Yates, Graham Yates. (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 319 RESPONSE in Opposition regarding #281 MOTION in Limine to Exclude Evidence Related to the Coordinating Committee for Automotive Repair filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Cepeda Decision and Order, #2 Exhibit 2 - Memoradum Recommending S-P2, #3 Exhibit 3 - Endorsement Technical Career Entry Programs, #4 Exhibit 4 - Endorsement for Ford and Lincoln-Mercury Dealers, #5 Exhibit 5 - 2006 S-P2 program, #6 Exhibit 6 - AlbertRockerDep08-10-2006) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 318 RESPONSE in Opposition regarding #276 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE AUSTRALIAN MESOTHELIOMA REGISTRY, #279 MOTION in Limine to Exclude Anecdotal Evidence of Disease, #254 MOTION in Limine to Exclude Case Reports filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - International Journal of Occupational Environmenatl Health 13318-327, 321 2007, #2 Exhibit 2 - Health Effects of Asbestos Exposure in Humans A Quantitative Assessment, #3 Exhibit 3 -Checkoway, RESEARCH METHODS IN OCCUPATIONAL EPIDEMIOLOGY 248 2d ed. 2004, #4 Exhibit 4 - Federal Reference Manual on Scientific Evidence 47-48) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 317 RESPONSE in Opposition regarding #261 MOTION in Limine to Exclude the EPA's 1986 Guidance Document, #294 Corrected MOTION in Limine to Exclude Evidence of Governmental Precautionary Statements about Asbestos filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit A -1986 EPA Guidance Booklet, #2 Exhibit B -General Motors Corp. v. Grenier, 981 A.2d 531 (Del. Supr. 2009)) (Paul, Kevin)
April 7, 2015 Opinion or Order Filing 316 OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING Proceedings held on March 23, 2015, before District Judge Louise Wood Flanagan. Court Reporter David J. Collier, Telephone number (919) 912-9698. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 5/1/2015. Redacted Transcript Deadline set for 5/11/2015. Release of Transcript Restriction set for 7/9/2015. (Collier, David)
April 7, 2015 Opinion or Order NOTICE of Filing of Official Transcript #316 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Collier, David)
April 1, 2015 Opinion or Order Filing 315 Corrected Memorandum in Support regarding #309 MOTION in Limine to Limit Testimony of John Graham filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Graham Report, #2 Exhibit 2 - JOHN GRAHAM_full_CERTIFIED TRANS 031215) (Paul, Kevin)
April 1, 2015 Opinion or Order Filing 314 Memorandum in Support regarding #311 MOTION in Limine to Strike Affidavit of David H. Garabrant filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - RE_ Graham Yates, et al, #2 Exhibit 2 - Yates_meso-Garabrant, #3 Exhibit 3 - Depo Notice of David Garabrant, #4 Exhibit 4 - Garabrant - Yates Affidavit 3-12-15 w signature) (Paul, Kevin)
April 1, 2015 Opinion or Order Filing 313 ORDER granting #262 Joint Motion to Dismiss - The action of Plaintiff, Graham Yates and Becky Yates, his spouse, against Metropolitan Life Insurance Company, is dismissed Without Prejudice. Signed by District Judge Louise Wood Flanagan on 04/01/2015. (Baker, C.)
April 1, 2015 Opinion or Order Set Hearing as to #301 MOTION in Limine, #293 MOTION in Limine, #273 MOTION in Limine, #279 MOTION in Limine, #281 MOTION in Limine, #287 MOTION in Limine, #289 MOTION in Limine, #299 MOTION in Limine, #294 Corrected MOTION in Limine, #285 MOTION in Limine, #307 MOTION in Limine, #305 MOTION in Limine, #277 MOTION in Limine, #291 MOTION in Limine, #311 MOTION in Limine, #309 MOTION in Limine, #297 MOTION in Limine, #303 MOTION in Limine, #276 MOTION in Limine - Motion Hearing set for 4/14/2015 at 9:00 AM in New Bern -2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
April 1, 2015 Opinion or Order TEXT ORDER - In light of the voluminous nature of the parties' motion filings in the case made on March 31, 2015, the court requests a courtesy paper set to be provided for its use to the case manager, Christa Baker, at 413 Middle Street, New Bern, including copies of all filings of or relating to the motions, tabbed and indexed. In addition to these motions and their accompanying memoranda and supporting documents, the court requests the filings submitted in opposition similarly to be provided in paper, and where multiple supporting documents are relied upon in opposition, that those, too, be provided, tabbed and indexed, for the court's ease of reference. The parties should provide these items as soon as practically possible to allow the court benefit of review in advance of the upcoming motions hearing and final pretrial conference now scheduled for April 14 and 15, 2015. Where need for expedited briefing was addressed at recent telephonic hearing undertaken in this matter, the court reminds that responses to the motions shall be due on or before Wednesday, April 8. Signed by District Judge Louise Wood Flanagan on 04/01/2015 (Baker, C.)
April 1, 2015 Opinion or Order Set Hearing as to #283 MOTION in Limine - Motion Hearing set for 4/14/2015 at 9:00 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
March 31, 2015 Opinion or Order Filing 312 NOTICE of Joinder by Ford Motor Company regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts". (Ries, Addie)
March 31, 2015 Opinion or Order Filing 311 MOTION in Limine to Strike Affidavit of David H. Garabrant by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 310 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #315 * - Memorandum in Support regarding #309 MOTION in Limine to Limit Testimony of John Graham filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Graham Report, #2 Exhibit 2 - JOHN GRAHAM_full_CERTIFIED TRANS 031215) (Paul, Kevin) Modified on 4/1/2015 to insert refiling information. (Baker, C.)
March 31, 2015 Opinion or Order Filing 309 MOTION in Limine to Limit Testimony of John Graham by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 308 Memorandum in Support regarding #307 MOTION in Limine to Exclude Workers' Compensation Claim filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - File Stamped Form 18B) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 307 MOTION in Limine to Exclude Workers' Compensation Claim by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 306 Memorandum in Support regarding #305 MOTION in Limine to Exclude VA Compensation Packet filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - VA Disability - Award Letter, #2 Exhibit 2 - VA Rating Decision) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 305 MOTION in Limine to Exclude VA Compensation Packet by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 304 Memorandum in Support regarding #303 MOTION in Limine to Exclude Evidence of Smoking filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Cancer Ctrs of North Carolina - Cary - Updated Med L and R, #2 Exhibit 2 - Graham Yates 2.13.13, #3 Exhibit 3 - Holstein Report 1 071513) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 303 MOTION in Limine to Exclude Evidence of Smoking by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 302 Memorandum in Support regarding #301 MOTION in Limine to Exclude Unsupported Expert Testimony Claiming Plaintiff was Exposed to Asbestos in the Navy filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - JOHN GRAHAM_full_CERTIFIED TRANS 031215, #2 Exhibit 2 - McCLUSKEY_full_CERTIFIED TRANS 030915, #3 Exhibit 3 - FIONNA S. MOWAT, Ph.D._full_CERTIFIED TRANS 030515) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 301 MOTION in Limine to Exclude Unsupported Expert Testimony Claiming Plaintiff was Exposed to Asbestos in the Navy by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 300 Memorandum in Support regarding #299 MOTION in Limine to Exclude Bankruptcy Claim Forms filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - B&W proof of claim, #2 Exhibit 2 - DII-HAL proof of claim, #3 Exhibit 3 - GMC proof of claim, #4 Exhibit 4 - Depo Testimony, #5 Exhibit 5 - USS Clarence K. Bronson material insp and equip list, #6 Exhibit 6 - Depo Testimony, #7 Exhibit 7 - USS Clarence K Bronson ship equip list and insp report, #8 Exhibit 8 - Depo Testimony, #9 Exhibit 9 - USS Clarence K Bronson material insp and equip list) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 299 MOTION in Limine to Exclude Bankruptcy Claim Forms by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 31, 2015 Opinion or Order Filing 298 Memorandum in Support regarding #297 MOTION in Limine to Exclude Evidence Related to the Longo/Hatfield Experiments filed by Ford Motor Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A- Tyre v. CSX Order, #3 Exhibit B - Bretzke v. Ford Transcript 9-16-08, #4 Exhibit C - Longo Deposition, #5 Exhibit D - Lewis v. John Crane transcript, #6 Exhibit E - In re Lamar Co. Asbestos Litigation Order 7-5-01, #7 Exhibit G - Grego v. Trailmobile Trailers 2-10-00 Transcript, #8 Exhibit G - Campbell v. Abney Mills 10-9-02 transcript, #9 Exhibit H - Carlson v. Lear Siegler 8-13-98 transcript, #10 Exhibit I - Berning v. A.P. Green 1-8-02, #11 Exhibit J - Hatfield Deposition, #12 Exhibit K - Ingram v. ABC Supply Co.) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 297 MOTION in Limine to Exclude Evidence Related to the Longo/Hatfield Experiments by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 296 Memorandum in Support regarding #277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Mark Depo 3.16.15, #2 Exhibit B - Plaintiff's Depo, #3 Exhibit C - Affidavit, #4 Exhibit D - Mark Transcript 4.15.10, #5 Exhibit E - Mark Transcript 8.19.14, #6 Exhibit F - Parker Decision, #7 Exhibit G - Sclafani Decision, #8 Exhibit H - Mark Transcript 2.11.08, #9 Exhibit I - Mark Transcript 12.17.09, #10 Exhibit J - Mark Transcript 3.25.11, #11 Exhibit K - Mark Transcript 2.22.08, #12 Exhibit L - Mark Transcript 6.25.13, #13 Exhibit M - Mark Transcript 8.19.14, #14 Exhibit N - Mark Transcript 4.15.10, #15 Exhibit O - Mark Transcript 2.11.08, #16 Exhibit P - Butler Decision, #17 Exhibit Q - Kovary Decision, #18 Exhibit R - Sclafani Decision, #19 Exhibit S - Daly Decision, #20 Exhibit T - Mannahan Decision, #21 Exhibit U - Comardelle Decision, #22 Exhibit V - Havner Decision, #23 Exhibit W - Smith Decision, #24 Exhibit X - Anderson Decision, #25 Exhibit Y - Free Decision, #26 Exhibit Z - Herring Transcript) (Davis, H.)
March 31, 2015 Opinion or Order Filing 295 Memorandum in Support regarding #294 Corrected MOTION in Limine to Exclude Evidence of Governmental Precautionary Statements about Asbestos filed by Ford Motor Company. (Ries, Addie)
March 31, 2015 Opinion or Order Filing 294 Corrected MOTION in Limine to Exclude Evidence of Governmental Precautionary Statements about Asbestos by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 293 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #294 * - MOTION in Limine to Exclude Evidence of Governmental Precautionary Statements about Asbestos by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie) Modified on 4/1/2015 to insert refiling information. (Baker, C.)
March 31, 2015 Opinion or Order Filing 292 Memorandum in Support regarding #291 MOTION in Limine to Exclude Expert Testimony Regarding Corporate Conduct filed by Ford Motor Company. (Attachments: #1 Exhibit A - United States v. Freedman Farms, #2 Exhibit B - Hall v. Boston Scientific Corp) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 291 MOTION in Limine to Exclude Expert Testimony Regarding Corporate Conduct by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 290 Memorandum in Support regarding #289 MOTION in Limine to Exclude Evidence of Foreign Bans on the Importation of Chrysotile Asbestos filed by Ford Motor Company. (Attachments: #1 Exhibit A - In re Seroquel) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 289 MOTION in Limine to Exclude Evidence of Foreign Bans on the Importation of Chrysotile Asbestos by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 288 Memorandum in Support regarding #287 MOTION in Limine to Exclude the "Welch Paper" filed by Ford Motor Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Welch Paper, #3 Exhibit B - Welch 1/14/09 Deposition, #4 Exhibit C - Welch 3/22/10 Deposition Ex. 18, #5 Exhibit D - Table of Contents - Int'l Journal of Occupational and Environmental Health, #6 Exhibit E - Welch 10/3/07 Deposition, #7 Exhibit F - Arthur Frank MD Deposition, #8 Exhibit Ring v. Alfa Lavel Hearing Transcript, #9 Exhibit H - Adams v. Pneumo Abex Corp. Order, #10 Exhibit Mannahan v. Catepillar Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 287 MOTION in Limine to Exclude the "Welch Paper" by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 286 Memorandum in Support regarding #285 MOTION in Limine to Exclude Evidence which Post-Dates Graham Yates' Last Alleged Asbestos Exposure to Ford Products filed by Ford Motor Company. (Attachments: #1 Exhibit A - Graham Yates Social Security Records, #2 Exhibit B - Brown v. Novartis) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 285 MOTION in Limine to Exclude Evidence which Post-Dates Graham Yates' Last Alleged Asbestos Exposure to Ford Products by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 284 Memorandum in Support regarding #283 MOTION in Limine to Exclude the "Don't Blow It" Video filed by Ford Motor Company. (Attachments: #1 Exhibit A - Transcript of "Don't Blow It" Video, #2 Exhibit B - McComas v. Miller, #3 Exhibit C - Ingram v. ABC Supply Co.) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 283 MOTION in Limine to Exclude the "Don't Blow It" Video by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 282 Memorandum in Support regarding #281 MOTION in Limine to Exclude Evidence Related to the Coordinating Committee for Automotive Repair filed by Ford Motor Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Stewart Affidavit, #3 Exhibit B - Alliance Agreement, #4 Exhibit C - 1/5/05 Memorandum, #5 Exhibit D - CCAR Disclaimer, #6 Exhibit E - Rocker Deposition, #7 Exhibit F - Rocker Affidavit, #8 Exhibit G - Gravity Guidance v. Weseman) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 281 MOTION in Limine to Exclude Evidence Related to the Coordinating Committee for Automotive Repair by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 280 Memorandum in Support regarding #279 MOTION in Limine to Exclude Anecdotal Evidence of Disease filed by Ford Motor Company. (Attachments: #1 Exhibit A - Henifin article, #2 Exhibit B - Dellinger v. Pfizer, #3 Exhibit C - Leardini v. Char-Meck BOE) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 279 MOTION in Limine to Exclude Anecdotal Evidence of Disease by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 278 Memorandum in Support regarding #276 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE AUSTRALIAN MESOTHELIOMA REGISTRY filed by Ford Motor Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - J. Leigh Deposition - 3/31/04, #3 Exhibit B - J. Leigh Deposition - 3/4/04, #4 Exhibit C - The incidence of mesothelioma in Australia 1996 to 1998, #5 Exhibit D - Blank Notification Form, #6 Exhibit E - Hershberger v. Ethicon, #7 Exhibit F - Reeps v. BMW, #8 Exhibit G - In Re Diet Drugs) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 277 MOTION in Limine to Preclude Evidence Suggesting that Brake Dust Causes Pleural Mesothelioma or that "Every Exposure Counts" by Honeywell International, Inc. (Attachments: #1 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 276 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE AUSTRALIAN MESOTHELIOMA REGISTRY by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 275 NOTICE of Appearance for non-district counsel by Bruce T. Bishop on behalf of Honeywell International, Inc. (Bishop, Bruce)
March 31, 2015 Opinion or Order Filing 274 Memorandum in Support regarding #273 MOTION in Limine - Omnibus Motion in Limine filed by Ford Motor Company. (Ries, Addie)
March 31, 2015 Opinion or Order Filing 273 MOTION in Limine - Omnibus Motion in Limine by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Ries, Addie)
March 31, 2015 Opinion or Order Filing 272 NOTICE by Ford Motor Company regarding #257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills, #266 Memorandum in Support, Notice of Joinder (Ries, Addie) Modified on 4/21/2015 to open entry as a pending motion in limine pursuant to directive received from presiding judge. (Baker, C.)
March 31, 2015 Opinion or Order Filing 271 NOTICE of Joinder by Ford Motor Company regarding #258 MOTION in Limine for Disclosure of Total Amount of Setoff. (Ries, Addie) Modified on 4/21/2015 to open entry as a pending motion in limine purusuant to directive received from presiding judge. (Baker, C.)
March 31, 2015 Opinion or Order Filing 270 Memorandum in Support regarding #261 MOTION in Limine to Exclude the EPA's 1986 Guidance Document filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - 1986 EPA Document, #2 Exhibit B - 2007 EPA Document) (Davis, H.)
March 31, 2015 Opinion or Order Filing 269 Memorandum in Support regarding #260 MOTION in Limine to Exclude E.A. Martin Letter filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - Article, #3 Exhibit C - Article, #4 Exhibit D - Letter, #5 Exhibit E - Schwarber Order, #6 Exhibit F - Parker Order, #7 Exhibit G - Boomer Transcript, #8 Exhibit H - Kain Motion Hearing, #9 Exhibit I - Tetrick Motion Hearing, #10 Exhibit J - Walter Motion Hearing) (Davis, H.)
March 31, 2015 Opinion or Order Filing 268 Memorandum in Support regarding #259 MOTION in Limine to Exclude Welch Article filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Welch Article, #2 Exhibit B - Welch Depo Transcript, #3 Exhibit C - Welch Depo Transcript, #4 Exhibit D - Frank Depo Transcript, #5 Exhibit E - Hearing Transcript, #6 Exhibit F - PA Order, #7 Exhibit G - KY Order, #8 Exhibit H - Kain Hearing, #9 Exhibit I - Hearing Transcript, #10 Exhibit J - WA Order, #11 Exhibit K - PA Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 267 Memorandum in Support regarding #258 MOTION in Limine for Disclosure of Total Amount of Setoff filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - GMC, #2 Exhibit B - B&W, #3 Exhibit C - DII-HAL) (Davis, H.)
March 31, 2015 Opinion or Order Filing 266 Memorandum in Support regarding #257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Session Law, #2 Exhibit B - Rule 9) (Davis, H.)
March 31, 2015 Opinion or Order Filing 265 Memorandum in Support regarding #256 MOTION in Limine to Exclude Evidence which Post-Dates Plaintiff's Last Date of Alleged Exposure filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Deposition Transcript) (Davis, H.)
March 31, 2015 Opinion or Order Filing 264 Memorandum in Support regarding #255 MOTION in Limine to Exclude Exhibits Regarding FMSI filed by Honeywell International, Inc. (Davis, H.)
March 31, 2015 Opinion or Order Filing 263 Memorandum in Support regarding #254 MOTION in Limine to Exclude Case Reports filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Affidavit) (Davis, H.)
March 31, 2015 Opinion or Order Filing 262 Joint MOTION to Dismiss Without Prejudice by Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Coltrain, Keith)
March 31, 2015 Opinion or Order Filing 261 MOTION in Limine to Exclude the EPA's 1986 Guidance Document by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - 1986 EPA Document, #3 Exhibit B - 2007 EPA Document, #4 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 260 MOTION in Limine to Exclude E.A. Martin Letter by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Letter, #3 Exhibit B - Article, #4 Exhibit C - Article, #5 Exhibit D - Letter, #6 Exhibit E - Schwarber Order, #7 Exhibit F - Parker Order, #8 Exhibit G - Boomer Transcript, #9 Exhibit H - Kain Motion Hearing Transcript, #10 Exhibit I - Tetrick Motion Hearing Transcript, #11 Exhibit J - Hearing Transcript, #12 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 259 MOTION in Limine to Exclude Welch Article by Honeywell International, Inc. (Attachments: #1 Exhibit Memo in Support, #2 Exhibit A - Welch Article, #3 Exhibit B - Welch Deposition Transcript, #4 Exhibit C - Welch Deposition Transcript, #5 Exhibit D - Frank Deposition Transcript, #6 Exhibit E - Motion Hearing Transcript, #7 Exhibit F - PA Order, #8 Exhibit G - KY Order, #9 Exhibit H - Motion Hearing Transcript, #10 Exhibit I - Motion Hearing Transcript, #11 Exhibit J - WA Order, #12 Exhibit K - PA Order, #13 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 258 MOTION in Limine for Disclosure of Total Amount of Setoff by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - GMC, #3 Exhibit B - B&W, #4 Exhibit C - DII-HAL, #5 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Session Law, #3 Exhibit B - Rule 9, #4 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 256 MOTION in Limine to Exclude Evidence which Post-Dates Plaintiff's Last Date of Alleged Exposure by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Deposition Transcript, #3 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 255 MOTION in Limine to Exclude Exhibits Regarding FMSI by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Filing 254 MOTION in Limine to Exclude Case Reports by Honeywell International, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Affidavit, #3 Text of Proposed Order) (Davis, H.)
March 31, 2015 Opinion or Order Set Hearing as to #255 MOTION in Limine to Exclude Exhibits Regarding FMSI, #259 MOTION in Limine to Exclude Welch Article, #258 MOTION in Limine for Disclosure of Total Amount of Setoff, #257 MOTION in Limine to Exclude Medical Damages that Exceed the Amount Necessary to Satisfy the Bills, #254 MOTION in Limine to Exclude Case Reports, #260 MOTION in Limine to Exclude E.A. Martin Letter, #256 MOTION in Limine to Exclude Evidence which Post-Dates Plaintiff's Last Date of Alleged Exposure - Motion Hearing set for 4/14/2015 at 9:00 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
March 31, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #262 Joint MOTION to Dismiss Without Prejudice. (Baker, C.)
March 31, 2015 Opinion or Order Set Hearing as to #261 MOTION in Limine to Exclude the EPA's 1986 Guidance Document - Motion Hearing set for 4/14/2015 at 9:00 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
March 31, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #260 Motion in Limine and #261 Motion in Limine - Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under 'Motions and Related Filings: Responses and Replies'. Counsel is directed to refile each memorandum in support separately and link the memoranda to the underlying motions. (Baker, C.)
March 31, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #258 Motion in Limine, #255 Motion in Limine, #256 Motion in Limine, #259 Motion in Limine, #257 Motion in Limine, #254 Motion in Limine - Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under 'Motions and Related Filings: Responses and Replies'. Counsel is directed to refile each memorandum in support separately and link the memoranda to the underlying motions. (Baker, C.)
March 30, 2015 Opinion or Order Filing 253 NOTICE of Appearance for non-district counsel by Holly A. Hempel on behalf of Honeywell International, Inc. (Hempel, Holly)
March 30, 2015 Opinion or Order Filing 252 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #251 Notice of Appearance for Non-District Counsel. (Simon, Jeffrey)
March 30, 2015 Opinion or Order Filing 251 NOTICE of Appearance for non-district counsel by Jeffrey B. Simon on behalf of Becky Yates, Graham Yates. (Simon, Jeffrey)
March 30, 2015 Opinion or Order Filing 250 NOTICE of Appearance by Addie K.S. Ries on behalf of Ford Motor Company. (Ries, Addie)
March 25, 2015 Opinion or Order Filing 249 NOTICE of Appearance by Thurston H. Webb on behalf of Ford Motor Company. (Webb, Thurston)
March 23, 2015 Opinion or Order Filing 248 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC - Telephonic Motion Hearing held on 3/23/2015 regarding #239 MOTION for Leave to File Supplemental Expert Designation filed by Honeywell International, Inc. Counsel present for plaintiffs and defendants Ford Motor Company; Honeywell International, Inc.; and Metropolitan Life Insurance Company. Oral arguments offered. Court denies defendant Honeywell's motion. Jury selection procedures discussed generally. On report of multiple motions in limine and a Daubert motion previewed by the parties, the court sets this matter for a motions hearing on April 14, 2015 at 9:00 a.m. in New Bern. Final pretrial conference is reset to commence on April 15, 2015 at 9:00 a.m. in New Bern. (Court Reporter - David Collier) (Baker, C.)
March 23, 2015 Opinion or Order ORAL ORDER denying #239 Motion for Leave to File Supplemental Expert Designation -Entered by District Judge Louise Wood Flanagan on 03/23/2015. (Baker, C.)
March 23, 2015 Opinion or Order **** Set Hearings - Daubert and Motions Hearing set for 4/14/2015 at 9:00 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. Final Pretrial Conference reset for 4/15/2015 at 9:00 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
March 19, 2015 Opinion or Order TEXT ORDER - In its regular review of the docket, in preparation for pending hearing and trial, the court takes note of the pendency of plaintiffs' claim stated in the Sixth Cause against defendant Metropolitan Life Insurance Company ("Metropolitan"); however, it appears plaintiffs are proceeding without reference to this defendant where the court notes, for example, the parties' report filed 10/21/14 (DE 225) and the mediator's report (DE 236) fail to mention any participation by this defendant. Moreover, it does not appear that defendant Metropolitan regularly is being served by the parties as the trial date nears. On or before Monday, March 23, 2015, plaintiffs shall confirm the case status of defendant Metropolitan. Signed by District Judge Louise Wood Flanagan on 03/19/2015. (Baker, C.)
March 17, 2015 Opinion or Order Filing 247 NOTICE by Honeywell International, Inc. - Rule 26(a)(3) Pretrial Disclosures. (Attachments: #1 Exhibit A - Exhibit List) (Davis, H.)
March 17, 2015 Opinion or Order Filing 246 REPLY to Response to Motion regarding #239 MOTION for Leave to File Supplemental Expert Designation filed by Honeywell International, Inc. (Davis, H.)
March 17, 2015 Opinion or Order TEXT NOTICE of Hearing regarding #239 MOTION for Leave to File Supplemental Expert Designation - Telephonic Motion Hearing set for 3/23/2015 at 9:00 AM before District Judge Louise Wood Flanagan. Affected counsel will be contacted in advance of the conference by court personnel and provided the dial-in information necessary to participate in the call. (Baker, C.)
March 16, 2015 Opinion or Order Filing 245 Memorandum in Opposition regarding #239 MOTION for Leave to File Supplemental Expert Designation by Honeywell International, Inc. filed by Becky Yates, Graham Yates. (Paul, Kevin) Modified on 3/16/2015 to clarify docket entry text. (Baker, C.)
March 16, 2015 Opinion or Order Filing 244 RESPONSE in Opposition regarding #239 MOTION for Leave to File Supplemental Expert Designation by Honeywell International, Inc. filed by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
March 16, 2015 Opinion or Order Filing 243 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #242 Notice of Appearance for Non-District Counsel. (Soechting, Charles)
March 16, 2015 Opinion or Order Filing 242 NOTICE of Appearance for non-district counsel by Charles E. Soechting on behalf of Becky Yates, Graham Yates. (Soechting, Charles)
March 16, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #239 MOTION for Leave to File Supplemental Expert Designation. (Baker, C.)
March 11, 2015 Opinion or Order TEXT ORDER regarding #239 MOTION for Leave to File Supplemental Expert Designation filed by Honeywell International, Inc. - The court expedites plaintiffs' response to the motion for leave to file supplemental expert designation, with any response being due Monday, March 16, 2015. Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)
March 6, 2015 Opinion or Order Filing 241 Proposed Order regarding #239 MOTION for Leave to File Supplemental Expert Designation filed by Honeywell International, Inc. (Davis, H.)
March 6, 2015 Opinion or Order Filing 240 Memorandum in Support regarding #239 MOTION for Leave to File Supplemental Expert Designation filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Supplemental Designation of Experts, #2 Exhibit B - Expert Report, #3 Exhibit C - Bernstein Study) (Davis, H.)
March 6, 2015 Opinion or Order Filing 239 MOTION for Leave to File Supplemental Expert Designation by Honeywell International, Inc. (Davis, H.)
March 6, 2015 Opinion or Order NOTICE OF DEFICIENCY regarding #239 Motion for Leave to File Supplemental Expert Designation - Pursuant to the judge's practice preferences on the court's website and as indicated in the scheduling order governing this case, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
February 13, 2015 Opinion or Order Filing 238 NOTICE of Appearance for non-district counsel by Shepherd D. Wainger on behalf of Ford Motor Company. (Wainger, Shepherd)
February 2, 2015 Opinion or Order Filing 237 ORDER granting #235 Motion to Continue Final Pretrial Conference - The final pretrial conference be continued from April 10, 2015 to April 14, 2015 at 10:00 a.m. Signed by District Judge Louise Wood Flanagan on 02/02/2014. (Baker, C.)
February 2, 2015 Opinion or Order **** Reset Hearing - Final Pretrial Conference reset for 4/14/2015 at 10:00 AM in New Bern - 2nd Floor Courtroom before District Judge Louise Wood Flanagan. (Baker, C.)
January 27, 2015 Opinion or Order Filing 235 MOTION to Continue Final Pretrial Conference by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
January 27, 2015 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #235 MOTION to Continue Final Pretrial Conference. (Baker, C.)
December 10, 2014 Opinion or Order Filing 234 ORDER Appointing Mediator Richard T. Boyette. Signed by Julie A. Richards, Clerk of Court on 12/10/14. (Horton, B.)
December 10, 2014 Opinion or Order Filing 233 Amended SELECTION OF Richard Boyette as mediator. (Davis, H.)
December 2, 2014 Opinion or Order NOTICE OF DEFICIENCY regarding #232 Selection of Mediator - Pursuant to the court's 10/23/2014 Order, date and time for mediation was to have been included in the parties' filing regarding mediator selection. Counsel is directed to correct and refile the document to include the information requested by the court's order. (Baker, C.)
November 24, 2014 Opinion or Order Filing 232 SELECTION OF Richard Boyette as mediator. (Davis, H.)
October 23, 2014 Opinion or Order Filing 231 ORDER - This case is set for jury trial to commence Monday, April 20, 2015 at the United States Courthouse at New Bern, with the final pretrial conference scheduled before the undersigned on Friday, April 10, 2015, at 10:00 a.m. Mediation will be conducted by February 1, 2015. The parties shall report to the court in joint notice who is designated as mediator, and the date and time for same, no later than December 1, 2014. Signed by District Judge Louise Wood Flanagan on 10/22/2014. (Baker, C.)
October 23, 2014 Opinion or Order Filing 230 ORDER granting #220 Joint MOTION to Dismiss Alfa Laval, Inc. - Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 23, 2014 Opinion or Order Filing 229 ORDER granting #221 Joint Motion to Dismiss Atwood & Morrill, improperly plead as Weir Valves & Controls USA, Inc. - Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 23, 2014 Opinion or Order Filing 228 ORDER granting #222 Joint MOTION to Dismiss Air & Liquid Systems Corporation - Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 23, 2014 Opinion or Order Filing 227 ORDER granting #223 Joint MOTION to Dismiss Crane Co. - Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 23, 2014 Opinion or Order Filing 226 ORDER granting #224 Joint Motion to Dismiss Elliott Turbo Machinery Company - Signed by District Judge Louise Wood Flanagan on 10/23/2014. (Tripp, S.)
October 21, 2014 Opinion or Order Filing 225 STATUS REPORT by all remaining parties by Honeywell International, Inc. (Davis, H.)
October 10, 2014 Opinion or Order Filing 224 Joint MOTION to Dismiss Elliott Turbo Machinery Company by Elliott Turbo Machinery Company. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 10, 2014 Opinion or Order Filing 223 Joint MOTION to Dismiss Crane Co. by Crane Co. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 10, 2014 Opinion or Order Filing 222 Joint MOTION to Dismiss Air & Liquid Systems Corporation by Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 10, 2014 Opinion or Order Filing 221 Joint MOTION to Dismiss Atwood & Morrill, improperly plead as Weir Valves & Controls USA, Inc. by Weir Valves & Controls USA, Inc. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 10, 2014 Opinion or Order Filing 220 Joint MOTION to Dismiss Alfa Laval, Inc. by Alfa Laval, Inc. (Attachments: #1 Text of Proposed Order) (Tomlin, Tracy)
October 10, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #224 Joint MOTION to Dismiss Elliott Turbo Machinery Company, #222 Joint MOTION to Dismiss Air & Liquid Systems Corporation, #221 Joint MOTION to Dismiss Atwood & Morrill, improperly plead as Weir Valves & Controls USA, Inc., #220 Joint MOTION to Dismiss Alfa Laval, Inc., and #223 Joint MOTION to Dismiss Crane Co. (Baker, C.)
October 6, 2014 Opinion or Order Filing 219 ORDER granting #218 Motion to Dismiss CBS Corporation - Signed by District Judge Louise Wood Flanagan on 10/06/2014. (Baker, C.)
October 6, 2014 Opinion or Order Filing 218 Joint MOTION to Dismiss CBS Corporation by CBS Corporation. (Attachments: #1 Text of Proposed Order) (Techman, Jennifer)
October 6, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #218 Joint MOTION to Dismiss CBS Corporation. (Baker, C.)
September 30, 2014 Opinion or Order Filing 217 ORDER granting in part and denying in part #171 Motion for Summary Judgment; #173 Motion for Summary Judgment; #201 Motion for Reconsideration; and #203 Motion for Reconsideration - The parties are DIRECTED to confer with each other, and with the other remaining defendants in this case, within twenty one (21) days and make joint report to the court as to estimated trial length, alternative suggested trial date settings, suggested alternative dispute resolution techniques to be employed prior to trial in attempt to resolve remaining issues as between the parties, and any other matter bearing on the parties' pretrial and trial preparations. Signed by District Judge Louise Wood Flanagan on 09/30/2014. (Baker, C.)
August 19, 2014 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #203 MOTION for Reconsideration and #201 MOTION for Reconsideration. (Baker, C.)
August 18, 2014 Opinion or Order Filing 216 REPLY regarding #210 RESPONSE regarding #201 MOTION for Reconsideration filed by Becky Yates, Graham Yates. (Paul, Kevin)
August 14, 2014 Opinion or Order Filing 215 ORDER granting #213 Motion for Leave to File Reply - Plaintiffs may file a reply to Ford Motor Company's Response to Plaintiff's Motion for Reconsideration, not to exceed five pages. Signed by District Judge Louise Wood Flanagan on 08/14/2014. (Baker, C.)
August 14, 2014 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #213 MOTION for Leave to File Reply to Defendant Ford Motor Company's Response to Plaintiff's Motion for Reconsideration. (Baker, C.)
August 13, 2014 Opinion or Order Filing 214 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #213 MOTION for Leave to File Reply to Defendant Ford Motor Company's Response to Plaintiff's Motion for Reconsideration. (Paul, Kevin)
August 13, 2014 Opinion or Order Filing 213 MOTION for Leave to File Reply to Defendant Ford Motor Company's Response to Plaintiff's Motion for Reconsideration by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Paul, Kevin)
July 31, 2014 Opinion or Order Filing 212 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #211 Response, Plaintiffs' Response to Defendant Ford Motor Company's Notice of Filing Pursuant to the Court's Order Entered on July 9, 2014. (Paul, Kevin)
July 30, 2014 Opinion or Order Filing 211 RESPONSE regarding #208 Notice-(other), Plaintiffs' Response to Defendant Ford Motor Company's Notice of Filing Pursuant to the Court's Order Entered on July 9, 2014 filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit A - IHF Foundation Facts July 1941) (Paul, Kevin)
July 30, 2014 Opinion or Order Filing 210 RESPONSE regarding #201 MOTION for Reconsideration filed by Ford Motor Company. (Attachments: #1 Exhibit 1 - Merewether and Price study, #2 Exhibit 2 - Castrop article, #3 Exhibit 3 - Excerpts from Dr. Holstein's report) (Warner, Kirk)
July 30, 2014 Opinion or Order Filing 209 RESPONSE in Opposition regarding #203 MOTION for Reconsideration filed by Honeywell International, Inc. (Davis, H.)
July 21, 2014 Opinion or Order Filing 208 NOTICE of Filing Pursuant to the Court's Order Entered on July 9, 2014 by Ford Motor Company regarding #207 Order on Motion for Summary Judgment. (Attachments: #1 Exhibit 1 - Kopelovich Article, #2 Exhibit 2 - Paustenbach Article, #3 Exhibit 3 - Shapiro Article) (Warner, Kirk)
July 9, 2014 Opinion or Order Filing 207 ORDER regarding #171 Motion for Summary Judgment and #173 Motion for Summary Judgment - The court has determined that issues remaining are not ripe for consideration, and further briefing is required. The parties are directed to provide further written briefing according to the schedule provided in the attached order. Signed by District Judge Louise Wood Flanagan on 07/08/2014. (Baker, C.)
May 28, 2014 Opinion or Order Filing 206 ORDER Dismissing Defendant BorgWarner Morse TEC Inc., as successor-by-merger to Borg-Warner Corporation - Signed by District Judge Louise Wood Flanagan on 05/28/2014. (Baker, C.)
May 27, 2014 Opinion or Order Filing 205 STIPULATION of Dismissal by Borg-Warner Morse Tec, Inc. (Attachments: #1 Text of Proposed Order) (Gardner, John)
April 11, 2014 Opinion or Order Filing 204 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #203 Memorandum in Opposition,, Plaintiffs' Supplemental Memorandum in Opposition to Defendant Honeywell International Inc.'s Motion for Summary Judgment. (Paul, Kevin)
April 11, 2014 Opinion or Order Filing 203 Memorandum in Opposition regarding #198 Response, #196 Order on Motion for Summary Judgment - Plaintiffs' Supplemental Memorandum in Opposition to Defendant Honeywell International Inc.'s Motion for Summary Judgment filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Memorandum on the Industrial Diseases 1932, #2 Exhibit 2 - Memorandum on the Industrial Diseases 1935, #3 Exhibit 3 - Hueper - American Society for the Control of Cancer, #4 Exhibit 4 - Aid for Industry Article) (Paul, Kevin) Modified on 7/9/2014 to open pending motion for reconsideration pursuant to #207 ORDER. (Baker, C.)
April 11, 2014 Opinion or Order Filing 202 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #201 Memorandum in Opposition to Defendant Ford Motor Company's Motion for Summary Judgment. (Paul, Kevin)
April 11, 2014 Opinion or Order Filing 201 Memorandum in Opposition regarding #196 Order on Motion for Summary Judgment, #197 Memorandum in Support - Plaintiffs' Supplemental Memorandum in Opposition to Defendant Ford Motor Company's Motion for Summary Judgment filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit 1 - Memoradum on the Industrial Diseases 1932, #2 Exhibit 2 - Memorandum on the Industrial Diseases 1935, #3 Exhibit 3 - Lawrence Roslinski deposition excerpts, #4 Exhibit 4 - Hueper - American Society for the Control of Cancer, #5 Exhibit 5 - Aid for Industry Article) (Paul, Kevin) Modified on 4/14/2014 to clarify docket entry text. (Baker, C.) Modified on 7/9/2014 to open pending motion for reconsideration pursuant to #207 ORDER. (Baker, C.)
March 20, 2014 Opinion or Order Filing 200 ORDER OF DISMISSAL - Plaintiff's claims against Defendant McNally Industries, Inc. are hereby DISMISSED WITHOUT PREJUDICE. Each party to bear its own costs. Signed by District Judge Louise Wood Flanagan on 03/20/2014. (Baker, C.)
March 18, 2014 Opinion or Order Filing 199 Proposed Order regarding #146 Stipulation of Dismissal of McNally Industries, Inc. filed by McNally Industries, LLC. (Santos, Peter)
March 14, 2014 Opinion or Order Filing 198 RESPONSE to Order regarding #196 Order on Motion for Summary Judgment - Supplemental Memorandum in Support of Motion for Summary Judgment filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Marano Report, #2 Exhibit B - Ghio Report, #3 Exhibit C - Graham Report, #4 Exhibit D - Garabrant Report, #5 Exhibit E - Roggli Report, #6 Exhibit F - Cohen Transcript) (Davis, H.)
March 14, 2014 Opinion or Order Filing 197 Memorandum in Support regarding #196 Order on Motion for Summary Judgment - Ford Motor Company's Supplemental Briefing in Support of Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit A - Baxley v. Advance Auto Parts, #2 Exhibit B - Seitz v. Adel, #3 Exhibit C - Mills v. ACandS) (Warner, Kirk)
February 21, 2014 Opinion or Order Filing 196 ORDER granting in part #171 Motion for Summary Judgment and #173 Motion for Summary Judgment - Motions directed by defendants Ford and Honeywell against plaintiffs' claims premised on willful and wanton conduct (Third Cause), false representation/fraud (Fourth Cause), and failure to warn (Fifth Cause) are ALLOWED, where there is no genuine issue of material fact and defendants are entitled to judgment as a matter of law. The court DIRECTS the parties to provide further written briefing on plaintiffs' claims for negligently putting asbestos or asbestos-containing products into interstate commerce without warning (First Cause) and for breach of implied warranty regarding their products (Second Cause), in accordance with this order. Signed by District Judge Louise Wood Flanagan on 02/21/2014. (Baker, C.)
February 13, 2014 Opinion or Order Filing 195 REPLY regarding #190 Notice-(other) Ford Motor Company's Notice of Subsequently Decided Authority filed by Ford Motor Company. (Warner, Kirk)
January 31, 2014 Opinion or Order Filing 194 ORDER granting #166 Motion for Summary Judgment; granting #168 Motion for Summary Judgment; holidng in abeyance #171 Motion for Summary Judgment; holding in abeyance #173 Motion for Summary Judgment; granting #176 Motion for Summary Judgment; granting #177 Motion for Summary Judgment; granting #178 Motion for Summary Judgment; granting #179 Motion for Summary Judgment; and denying #192 Motion to Strike - The court holds in abeyance decision on motions filed by defendants Ford (DE 171) and Honeywell (DE 173), pending defendant Ford's address of arguments offered by plaintiffs (DE 191) in response to its notice (DE 190). Said response shall be filed within fourteen (14) days from date of entry of this order. Signed by District Judge Louise Wood Flanagan on 01/30/2014. (Baker, C.)
January 28, 2014 Opinion or Order Filing 193 Memorandum in Support regarding #192 MOTION to Strike #191 Response filed by Ford Motor Company. (Warner, Kirk)
January 28, 2014 Opinion or Order Filing 192 MOTION to Strike #191 Response by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
January 27, 2014 Opinion or Order Filing 191 RESPONSE regarding #190 Notice-(other) Ford Motor Company's Notice of Subsequently Decided Authority filed by Becky Yates, Graham Yates. (Paul, Kevin)
January 17, 2014 Opinion or Order Filing 190 NOTICE of Subsequently Decided Authority by Ford Motor Company regarding #171 MOTION for Summary Judgment. (Attachments: #1 Exhibit A - Garlock Opinion) (Warner, Kirk) Modified on 1/17/2014 to clarify docket entry text. (Baker, C.)
December 19, 2013 Opinion or Order Filing 189 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #188 Notice of Appearance. (Paul, Kevin)
December 19, 2013 Opinion or Order Filing 188 NOTICE of Appearance by Kevin W. Paul on behalf of Becky Yates, Graham Yates. (Paul, Kevin)
December 13, 2013 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #168 MOTION for Summary Judgment, #176 MOTION for Summary Judgment, #177 MOTION for Summary Judgment, #178 MOTION for Summary Judgment, #179 MOTION for Summary Judgment, #166 MOTION for Summary Judgment, #173 MOTION for Summary Judgment, and #171 MOTION for Summary Judgment. (Baker, C.)
December 6, 2013 Opinion or Order Filing 187 REPLY to Response to Motion regarding #171 MOTION for Summary Judgment filed by Ford Motor Company. (Warner, Kirk)
December 6, 2013 Opinion or Order Filing 186 REPLY to Response to Motion regarding #173 MOTION for Summary Judgment filed by Honeywell International, Inc. (Attachments: #1 In re Bowser Opinion, #2 Order in Schwarber, #3 Order in Parker) (Davis, H.)
November 27, 2013 Opinion or Order Filing 185 Proposed Order regarding #166 MOTION for Summary Judgment filed by IMO Industries, Inc. (Bennett, Joshua)
November 25, 2013 Opinion or Order Filing 184 RESPONSE to Motion regarding #168 MOTION for Summary Judgment, #171 MOTION for Summary Judgment filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit A - Yates Video Deposition 02.13.13, #2 Exhibit B - Yates Discovery Deposition 02.13.13, #3 Exhibit C - Ford's Response to Std Rogs Russell, #4 Exhibit D - Ford Interrogatories 1984, #5 Exhibit E - Mark Taylor 022409, #6 Exhibit F - Ford Letter to US EPA 03.15.85, #7 Exhibit G - Ford MSDS, #8 Exhibit H - Sp2 Ford Endorsement, #9 Exhibit I - SP2 Asbestos Course, #10 Exhibit J - OSHA SHIB on Friction, #11 Exhibit L - EPA, June 1986, #12 Exhibit M - EPA 2007 Previous Asbestos Exposure Among Brake, #13 Exhibit N - EPA Don't Blow It video placeholder, #14 Exhibit O - Ford Recommends Don't Blow It, #15 Exhibit P - Rohl, et al AsbestosExposureDrngBrakeLining Maintenance, #16 Exhibit Q - Ford Every Exposure IndusRelatn Bulletin, #17 Exhibit R - EPA, June 1986, #18 Exhibit S - Hickish & Knight, Exposure to Asbestos During Brake Mtnc., 1970, #19 Exhibit T - Hickish & Knight, Investigations Into Alt. Forms, 1970, #20 Exhibit U - Dr. Mark Declaration 08.01.13, #21 Exhibit V - Dr. Mark CV, #22 Exhibit W - Dr. Mark List of Testimony, #23 Exhibit X - Dr. Mark Exp Rpt 6.17.13, #24 Exhibit Y - Hays Report 071613, #25 Exhibit Z - Hays Supplemental Report 073113, #26 Exhibit AA - 1934 to 1935 ASME Membership excerpts, #27 Exhibit BB - 1937 ASME Membership excerpts, #28 Exhibit CC - 1940 ASME Membership excerpts, #29 Exhibit DD - Dust in Industry by Frederick Wilson MD, #30 Exhibit EE - Bloomfield JJ Dust in Industry - The Sampling, #31 Exhibit FF - Dallavalle - The Control of Industrial Dust, #32 Exhibit GG - Jones, F. Robertson Occupational Diseases, #33 Exhibit HH - Gray, Albert, The Admin of Occup Disease Control Feb 1935, #34 Exhibit II - Stratton, Toxic Dusts - Their Origin and, #35 Exhibit JJ - Drinker, Philip Uses & Limitations of Respiratory, #36 Exhibit KK - Maintneance Bulletin 1973 Aug, #37 Exhibit LL - Roslinski Deposition, #38 Exhibit MM - Jandreau v. Alfa Laval USA, Inc., 2012 U.S. Dist. LEXIS 8, #39 Exhibit NN - Mattox v. Am. Std., 2011 U.S. Dist. LEXIS 105267, #40 Exhibit OO - Bowser, 2011 Del. Super. LEXIS 253, #41 Exhibit PP - Giblin v. Nat'l Multiple Scler, #42 Brown v. Novartis Pharms. Corp, #43 Talley v. Novartis Pharms. Corp, #44 Ford Incorporated in DE, #45 Ford plants, #46 Moody v. Ford Motor Co, #47 Estate of Miller v. Ford Motor, #48 Dodson v. Ford Motor Co) (Dickenson, Tiffany) Modified on 11/25/2013 to clarify docket entry text. (Baker, C.)
November 25, 2013 Opinion or Order Filing 183 RESPONSE to Motion regarding #173 MOTION for Summary Judgment filed by Becky Yates, Graham Yates. (Attachments: #1 Exhibit A - Yates Video Deposition 02.13.13, #2 Exhibit B - Honeywell's Objections and Responses to PLaintiff's 1st Set of Master Interrogatories and Requests for Production of Documents, #3 Exhibit C - EA Martin Letter 1966, #4 Exhibit D - EPA, June 1986, #5 Exhibit E - Hickish & Knight, Exposure to Asbestos During Brake Maintenance 1970, #6 Exhibit F - Hickish and Knight, Investigations Into Alt. Forms, 1970, #7 Exhibit G - 1987 'Exposure to Asbestos During Brake Maintainance' Kauppinen, #8 Exhibit H - Sawyer article regarding fiber drift, #9 Exhibit I - Rohl, et al AsbestosExposureDrngBrakeLining Maint, #10 Exhibit J - Memorandum on Dust Studies at Bendix, Ontario, 1976, 1977., #11 Exhibit K - Ontario Ministry of Labour, January 9, 1979, #12 Exhibit L - Dr. Mark Declaration 080113, #13 Exhibit M - Dr. Mark CV, #14 Exhibit N - Dr. Mark List of Testimony, #15 Exhibit O - Dr. Mark Exp Rpt 6.17.13, #16 Exhibit P - Hays Report 07.16.13, #17 Exhibit Hays Supp Report 07.31.13, #18 Jandreau v. Alfa Laval USA, Inc., 2012 U.S. Dist. LEXIS 8, #19 Mattox v. Am. Std., 2011 U.S. Dist. LEXIS 105267, #20 Mattox v. Am. Std., 2011 U.S. Dist. LEXIS 105267) (Dickenson, Tiffany) Modified on 11/25/2013 to clarify docket entry text. (Baker, C.)
November 25, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #181 Response to Motion and #182 Response to Motion - Counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual. Counsel is instructed to refile these documents making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Baker, C.)
November 23, 2013 Opinion or Order Filing 182 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #184 * - RESPONSE to Motion regarding #168 MOTION for Summary Judgment , #171 MOTION for Summary Judgment Plaintiffs' Response in Opposition to Defendant Ford Motor Company's Motion for Summary Judgment filed by Becky Yates, Graham Yates. (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 T1, #22 Exhibit T2, #23 Exhibit T3, #24 Exhibit U1, #25 Exhibit U2, #26 Exhibit V, #27 Exhibit W, #28 Exhibit X, #29 Exhibit Y, #30 Exhibit Z, #31 Exhibit AA, #32 Exhibit BB, #33 Exhibit CC, #34 Exhibit DD, #35 Exhibit EE, #36 Exhibit FF, #37 Exhibit GG, #38 Exhibit HH, #39 Exhibit II, #40 Exhibit JJ, #41 Exhibit KK, #42 Exhibit LL, #43 Exhibit MM, #44 Exhibit NN, #45 Exhibit OO, #46 Exhibit PP, #47 Exhibit QQ, #48 Exhibit RR) (Dickenson, Tiffany) Modified on 11/25/2013 to insert refiling information. (Baker, C.)
November 23, 2013 Opinion or Order Filing 181 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #183 * - RESPONSE to Motion regarding #173 MOTION for Summary Judgment Plaintiff's Response in Opposition to Defendant Honeywell International, Inc.'s Motion for Summary Judgment filed by Becky Yates, Graham Yates. (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 L1, #14 Exhibit L2, #15 Exhibit L3, #16 Exhibit M1, #17 Exhibit M2, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P) (Dickenson, Tiffany) Modified on 11/25/2013 to insert refiling information. (Baker, C.)
November 4, 2013 Opinion or Order Filing 180 Memorandum in Support regarding #179 MOTION for Summary Judgment filed by Crown Cork & Seal Company, Inc. (Attachments: #1 Exhibit A - Plaintiff's Work History) (Bouch, Timothy)
November 4, 2013 Opinion or Order Filing 179 MOTION for Summary Judgment by Crown Cork & Seal Company, Inc. (Attachments: #1 Text of Proposed Order) (Bouch, Timothy)
November 4, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #176 Motion for Summary Judgment, #177 Motion for Summary Judgment, and #178 Motion for Summary Judgment - Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under 'Motions and Related Filings: Responses and Replies'. In the future, be sure to file each pleading separately and link the Memorandum to the underlying Motion. No need to refile at this time. (Baker, C.)
November 1, 2013 Opinion or Order Filing 178 MOTION for Summary Judgment by Foster Wheeler Energy Corporation. (Attachments: #1 Brief in Support, #2 Exhibit A - Discovery Deposition, #3 Exhibit B - Video Deposition, #4 Exhibit C - Work History Sheet) (Techman, Jennifer)
November 1, 2013 Opinion or Order Filing 177 MOTION for Summary Judgment by General Electric Company. (Attachments: #1 Brief in Support, #2 Exhibit A - Discovery Deposition, #3 Exhibit B - Video Deposition, #4 Exhibit C - Work History sheet) (Techman, Jennifer)
November 1, 2013 Opinion or Order Filing 176 MOTION for Summary Judgment by Dana Companies LLC. (Attachments: #1 Exhibit Memo in Support of MSJ, #2 Exhibit Deposition excerpts) (Sprinkle, Charles)
November 1, 2013 Opinion or Order Filing 175 Memorandum in Support regarding #171 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit A - Discovery Deposition Transcript of Graham Yates, #2 Exhibit B - Videotaped Deposition Transcript of Graham Yates, #3 Exhibit C - Graham Report, #4 Exhibit D - Mowat Report, #5 Exhibit E - McCluskey Report) (Warner, Kirk)
November 1, 2013 Opinion or Order Filing 174 Memorandum in Support regarding #173 MOTION for Summary Judgment filed by Honeywell International, Inc. (Attachments: #1 Exhibit A - Yates Video Depo Excerpts, #2 Exhibit B - Yates Discovery Depo Excerpts) (Davis, H.)
November 1, 2013 Opinion or Order Filing 173 MOTION for Summary Judgment by Honeywell International, Inc. (Davis, H.)
November 1, 2013 Opinion or Order Filing 172 Memorandum in Support regarding #166 MOTION for Summary Judgment filed by IMO Industries, Inc.. (Attachments: #1 Exhibit A-Yates Video Transcript Excerpts, #2 Exhibit B-Yates Discovery Transcript Excerpts, #3 Exhibit C-Mattox Opinion, #4 Exhibit D-Marshall Opinion, #5 Exhibit E-Horne Report) (Bennett, Joshua)
November 1, 2013 Opinion or Order Filing 171 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
November 1, 2013 Opinion or Order Filing 170 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #172 * - Memorandum in Support regarding #166 MOTION for Summary Judgment filed by IMO Industries, Inc.. (Attachments: #1 Exhibit A-Yates Video transcript excerpts, #2 Exhibit B-Yates Discovery transcript Excerpts, #3 Exhibit C-Mattox opinion, #4 Exhibit D-Marshall opinion, #5 Exhibit E-Horne report) (Bennett, Joshua) Modified on 11/4/2013 to insert refiling information. (Baker, C.)
November 1, 2013 Opinion or Order Filing 169 Memorandum in Support regarding #168 MOTION for Summary Judgment filed by FMC Corporation. (Attachments: #1 Exhibit A - Plaintiff's Employment History) (Santos, Peter)
November 1, 2013 Opinion or Order Filing 168 MOTION for Summary Judgment by FMC Corporation. (Attachments: #1 Text of Proposed Order) (Santos, Peter)
November 1, 2013 Opinion or Order Filing 167 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #170 * - Memorandum in Support regarding #166 MOTION for Summary Judgment filed by IMO Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Bennett, Joshua) Modified on 11/1/2013 to insert refiling information. (Baker, C.)
November 1, 2013 Opinion or Order Filing 166 MOTION for Summary Judgment by IMO Industries, Inc. (Bennett, Joshua)
November 1, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #167 Memorandum in Support - Failure to name attachments and exhibits. Pursuant to Section (L)(2) of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. 'Exhibit 1' is insufficient. 'Exhibit 1 - Affidavit of Jane Doe' would meet the requirement.) Counsel is directed to refile document with the appropriate attachments. Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Baker, C.)
September 16, 2013 Opinion or Order Filing 165 NOTICE by Foster Wheeler Energy Corporation of Service of Rule 26 Disclosure of Experts. (Techman, Jennifer)
September 16, 2013 Opinion or Order Filing 164 NOTICE by General Electric Company of Service of Rule 26 Disclosure of Experts. (Techman, Jennifer)
August 8, 2013 Opinion or Order Filing 163 ORDER granting #160 Motion to Dismiss The Gates Corporation - The claims of Plaintiffs Graham Yates and Becky Yates against the Defendant The Gates Corporation are hereby DISMISSED WITHOUT PREJUDICE each party to bear their own costs. Signed by District Judge Louise Wood Flanagan on 08/08/2013. (Baker, C.)
August 8, 2013 Opinion or Order Filing 162 ORDER granting #158 Motion to Dismiss Hobart Brothers Company - The claims of Plaintiffs Graham Yates and Becky Yates against the Defendant Hobart Brothers Company are hereby DISMISSED WITHOUT PREJUDICE each party to bear their own costs. Signed by District Judge Louise Wood Flanagan on 08/08/2013. (Baker, C.)
August 7, 2013 Opinion or Order Filing 161 Proposed Order regarding #160 Joint MOTION to Dismiss filed by The Gates Corporation. (Techman, Jennifer)
August 7, 2013 Opinion or Order Filing 160 Joint MOTION to Dismiss by The Gates Corporation. (Techman, Jennifer)
August 7, 2013 Opinion or Order Filing 159 Proposed Order regarding #158 Joint MOTION to Dismiss filed by Hobart Brothers Company. (Techman, Jennifer)
August 7, 2013 Opinion or Order Filing 158 Joint MOTION to Dismiss by Hobart Brothers Company. (Techman, Jennifer)
August 7, 2013 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #160 Joint MOTION to Dismiss and #158 Joint MOTION to Dismiss. (Baker, C.)
August 1, 2013 Opinion or Order Filing 157 NOTICE by Becky Yates, Graham Yates of Service of Expert Report with attached Certificate of Service. (Dickenson, Tiffany)
July 30, 2013 Opinion or Order Filing 156 ORDER granting #154 Motion to Dismiss Hopeman Brothers Inc. - All claims against Defendant Hopeman Brothers, Inc. are hereby dismissed without prejudice and each party is to bear its own costs and fees in this action. Signed by District Judge Louise Wood Flanagan on 07/30/2013. (Baker, C.)
July 30, 2013 Opinion or Order Filing 155 Proposed Order regarding #154 Joint MOTION to Dismiss filed by Hopeman Brothers Inc. (Bowman, Sarah)
July 30, 2013 Opinion or Order Filing 154 Joint MOTION to Dismiss by Hopeman Brothers Inc. (Bowman, Sarah)
July 30, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #154 Joint MOTION to Dismiss Hopeman Brothers Inc. (Baker, C.)
July 29, 2013 Opinion or Order Filing 153 ORDER granting #151 Joint Motion to Dismiss - It is therefore ORDERED, ADJUDGED, and DECREED that the action of Plaintiffs, GRAHAM YATES and BECKY YATES against Defendant JOHN CRANE INC. be dismissed without prejudice, and each party to bear its own costs. Signed by District Judge Louise Wood Flanagan on 07/29/2013. (Baker, C.)
July 29, 2013 Opinion or Order Filing 152 Proposed Order regarding #151 Joint MOTION to Dismiss John Crane Without Prejudice filed by Becky Yates, Graham Yates. (Dickenson, Tiffany)
July 29, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #151 Joint MOTION to Dismiss John Crane Without Prejudice. (Baker, C.)
July 26, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #151 Joint Motion to Dismiss - Counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
July 25, 2013 Opinion or Order Filing 151 Joint MOTION to Dismiss John Crane Without Prejudice by Becky Yates, Graham Yates. (Dickenson, Tiffany)
July 22, 2013 Opinion or Order Filing 150 ORDER granting #149 Motion to Dismiss Defendant Flowserve US, Inc., Solely as Successor to Edward Valves, Inc. - Signed by District Judge Louise Wood Flanagan on 07/22/2013. (Baker, C.)
July 22, 2013 Opinion or Order Filing 149 Joint MOTION to Dismiss Defendant Flowserve US, Inc., Solely as Successor to Edward Valves, Inc. by Flowserve US Inc. (Attachments: #1 Text of Proposed Order) (Thomas, Mark)
July 22, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #149 Joint MOTION to Dismiss Defendant Flowserve US, Inc., Solely as Successor to Edward Valves, Inc. (Baker, C.)
July 16, 2013 Opinion or Order Filing 148 NOTICE by Becky Yates, Graham Yates of Service of Expert Report of Steve Hays with attached Certificate of Service. (Dickenson, Tiffany)
July 16, 2013 Opinion or Order Filing 147 CERTIFICATE OF SERVICE by Becky Yates, Graham Yates regarding #144 Certificate of Counsel to Notice of Service of Plaintiffs' Expert Reports of Dr. Arnold Brody and Dr. Edwin Holstein. (Dickenson, Tiffany)
July 16, 2013 Opinion or Order Filing 146 STIPULATION of Dismissal Without Prejudice as to McNally Industries, Inc. by Becky Yates, Graham Yates. (Dickenson, Tiffany)
July 16, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #145 Motion to Dismiss - Motion events may not be utilized for the filing of documents that do not request relief or otherwise raise justiciable issues for the court's consideration. Counsel is directed to refile this document using the event "Stipulation of Dismissal" located in the Other Documents category. (Baker, C.)
July 16, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #144 Certificate of Counsel - 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 'Civil Events - Service of Process'. (Baker, C.)
July 15, 2013 Opinion or Order Filing 145 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #147 * - MOTION to Dismiss Voluntary Dismissal Without Prejudice of McNally Industries, Inc. Only by Becky Yates, Graham Yates. (Dickenson, Tiffany) Modified on 7/16/2013 to insert refiling information. (Baker, C.)
July 15, 2013 Opinion or Order Filing 144 CERTIFICATE of Counsel of Service of Expert Reports of Dr. Arnold Brody and Dr. Edwin Holstein by Tiffany N. Dickenson on behalf of Becky Yates, Graham Yates. (Dickenson, Tiffany)
June 28, 2013 Opinion or Order Filing 143 Witness List. (Dickenson, Tiffany)
June 26, 2013 Opinion or Order Filing 142 NOTICE of Appearance by John A. Sheffer on behalf of Hobart Brothers Company. (Sheffer, John)
June 13, 2013 Opinion or Order Filing 141 NOTICE of Appearance for non-district counsel, John A. Sheffer, on behalf of Hobart Brothers Company. (Techman, Jennifer) Modified on 6/13/2013 to clarify docket entry text. (Baker, C.)
June 13, 2013 Opinion or Order NOTICE TO COUNSEL regarding #141 Notice of Appearance for Non-District Counsel - 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. (Baker, C.)
June 11, 2013 Opinion or Order Filing 140 ORDER granting #135 Joint Motion to Dismiss Armstrong International, Inc. - Signed by District Judge Louise Wood Flanagan on 06/11/2013. (Baker, C.)
June 11, 2013 Opinion or Order Filing 139 ORDER granting #136 Joint Motion to Dismiss Velan Valve Corp. - Signed by District Judge Louise Wood Flanagan on 06/11/2013. (Baker, C.)
June 11, 2013 Opinion or Order Filing 138 ORDER granting #137 Joint Motion to Dismiss William Powell Company - Signed by District Judge Louise Wood Flanagan on 06/11/2013. (Baker, C.)
June 11, 2013 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #135 Joint MOTION to Dismiss Armstrong International, Inc., #137 Joint MOTION to Dismiss William Powell Company, and #136 Joint MOTION to Dismiss Velan Valve Corp. (Baker, C.)
June 10, 2013 Opinion or Order Filing 137 Joint MOTION to Dismiss William Powell Company by Becky Yates, Graham Yates. (Attachments: #1 Text of Proposed Order) (Dickenson, Tiffany)
June 10, 2013 Opinion or Order Filing 136 Joint MOTION to Dismiss Velan Valve Corp. by Velan Valve Corporation. (Attachments: #1 Text of Proposed Order) (Peck, Timothy)
June 10, 2013 Opinion or Order Filing 135 Joint MOTION to Dismiss Armstrong International, Inc. by Armstrong International, Inc. (Attachments: #1 Text of Proposed Order) (Peck, Timothy)
June 10, 2013 Opinion or Order Filing 134 ORDER granting #132 Motion for Extension of Time to Respond to Discovery - The time for serving a response by Defendant McNally Industries, Inc. to Plaintiffs' Interrogatories and Request for Production of Documents shall be extended to and including July 5, 2013. Signed by District Judge Louise Wood Flanagan on 06/10/2013. (Baker, C.)
June 10, 2013 Opinion or Order Filing 133 ORDER granting #131 Motion for Extension of Time to Respond to Discovery - The time for serving a response by Defendant FMC Corporation to Plaintiffs' Interrogatories and Request for Production of Documents shall be extended to and including July 5, 2013. Signed by District Judge Louise Wood Flanagan on 06/10/2013. (Baker, C.)
June 7, 2013 Opinion or Order Filing 132 MOTION for Extension of Time to Respond to Discovery by McNally Industries, LLC. (Attachments: #1 Text of Proposed Order) (Santos, Peter)
June 7, 2013 Opinion or Order Filing 131 MOTION for Extension of Time to Respond to Discovery by FMC Corporation. (Attachments: #1 Text of Proposed Order) (Santos, Peter)
June 7, 2013 Opinion or Order TEXT ORDER granting defendant's #128 motion for extension of time. Defendant John Crane Inc. has through and including June 21, 2013 to answer or otherwise respond to plaintiffs' first set of interrogatories and requests for production of documents. Counsel is reminded that court approval for this type of extension of time is not required pursuant to Rule 29 of the Federal Rules of Civil Procedure. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 6/7/2013. (Skinner, J.)
June 7, 2013 Opinion or Order Motions Submitted to District Judge Louise Wood Flanagan - #132 MOTION for Extension of Time to Respond to Discovery and #131 MOTION for Extension of Time to Respond to Discovery. (Baker, C.)
June 7, 2013 Opinion or Order MOTION REFERRED to Julie A. Richards, Clerk of Court - #128 MOTION for Extension of Time to Respond to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents. (Baker, C.)
June 6, 2013 Opinion or Order Filing 130 ORDER granting #127 Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents - Signed by District Judge Louise Wood Flanagan on 06/06/2013. (Baker, C.)
June 6, 2013 Opinion or Order Filing 129 AFFIDAVIT of Service for Original Complaint filed by Becky Yates, Graham Yates. (Attachments: #1 Certified Mail Return Receipts for all defendants) (Dickenson, Tiffany)
June 6, 2013 Opinion or Order Filing 128 MOTION for Extension of Time to Respond to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents by John Crane, Inc. (Attachments: #1 Text of Proposed Order) (Sauls, Eric)
June 6, 2013 Opinion or Order Filing 127 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents by Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Coltrain, Keith)
June 6, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #127 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents. (Baker, C.)
June 5, 2013 Opinion or Order Filing 126 ORDER granting #123 Motion for Extension of Time to Respond to Discovery; granting #124 Motion for Extension of Time to Respond to Discovery; and granting #125 Motion to Dismiss Defendant Yarway Corporation - Signed by District Judge Louise Wood Flanagan on 06/05/2013. (Baker, C.)
June 5, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #125 MOTION to Dismiss. (Baker, C.)
June 4, 2013 Opinion or Order Filing 125 MOTION to Dismiss by Graham Yates, Becky Yates. (Attachments: #1 Text of Proposed Order) (Dickenson, Tiffany)
June 4, 2013 Opinion or Order Filing 124 MOTION for Extension of Time to Respond to Discovery by General Electric Company. (Attachments: #1 Text of Proposed Order) (Techman, Jennifer)
June 4, 2013 Opinion or Order Filing 123 MOTION for Extension of Time to Respond to Discovery by Borg-Warner Morse Tec, Inc. (Attachments: #1 Text of Proposed Order) (Canipe, Jeremy)
June 4, 2013 Opinion or Order MOTIONS REFERRED to Julie A. Richards, Clerk of Court - #124 MOTION for Extension of Time to Respond to Discovery and #123 MOTION for Extension of Time to Respond to Discovery. (Baker, C.)
May 31, 2013 Opinion or Order Filing 122 NOTICE of Voluntary Dismissal by Graham Yates, Becky Yates. (Dickenson, Tiffany)
May 31, 2013 Opinion or Order NOTICE TO COUNSEL regarding #122 Notice of Voluntary Dismissal - Defendant Yarway Corporation filed an answer to plaintiffs' complaint on 01/24/2013. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), a notice of volutary dismissal is not sufficient in this instance. Counsel is directed to file the appropriate stipulation of dismissal. (Baker, C.)
May 29, 2013 Opinion or Order Filing 121 MOTION for Extension of Time to Complete Discovery by Borg-Warner Morse Tec, Inc. (Canipe, Jeremy)
May 29, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #121 Motion for Extension of Time to Complete Discovery - Pursuant to Local Civil Rule 6.1, all motions for an extension of time must show prior consultation with opposing counsel and the views of opposing counsel. The motion must also be accompanied by a separate proposed order granting the motion. Counsel is directed to refile this motion. (Baker, C.)
April 17, 2013 Opinion or Order Filing 120 ORDER granting #119 Motion to Dismiss Defendant Warren Pumps, LLC - Signed by District Judge Louise Wood Flanagan on 04/17/2013. (Baker, C.)
April 17, 2013 Opinion or Order Filing 119 Joint MOTION to Dismiss Defendant Warren Pumps, LLC, by Becky Yates, Graham Yates. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order) (Dickenson, Tiffany)
April 17, 2013 Opinion or Order Filing 118 CASE MANAGEMENT ORDER - Fact Discovery due by 7/1/2013. Motions due by 11/1/2013. Counsel should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 04/17/2013. (Baker, C.)
April 17, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #119 Joint MOTION to Dismiss Defendant Warren Pumps, LLC. (Baker, C.)
April 16, 2013 Opinion or Order Filing 117 Rule 26(f) Report (joint) by Ford Motor Company. (Attachments: #1 Text of Proposed Order) (Warner, Kirk)
April 16, 2013 Opinion or Order NOTICE TO COUNSEL - Pursuant to the Initial Order entered 03/11/2013, a Discovery Plan was due 04/15/2013. Counsel is directed to now file same or file the appropriate motion seeking to extend the deadline set in this Court's order. (Baker, C.)
March 14, 2013 Opinion or Order Filing 116 ORDER granting #110 Joint Motion to Dismiss as to Union Carbide Corporation. Signed by District Judge Louise Wood Flanagan on 3/14/2013. (Tripp, S.) Modified on 3/14/2013 to add applicable defendant. (Tripp, S.).
March 12, 2013 Opinion or Order Filing 115 CERTIFICATE OF SERVICE by Union Carbide Corporation regarding #110 Joint MOTION to Dismiss. (Sprinkle, Charles)
March 12, 2013 Opinion or Order Filing 114 Proposed Order regarding #110 Joint MOTION to Dismiss filed by Union Carbide Corporation. (Sprinkle, Charles)
March 12, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #110 Joint MOTION to Dismiss. (Baker, C.)
March 11, 2013 Opinion or Order Filing 113 INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 4/15/2013. The parties should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 3/11/2013. (Tripp, S.)
March 5, 2013 Opinion or Order Filing 112 CERTIFICATE OF SERVICE by Hopeman Brothers Inc. regarding #111 Notice of Change of Address. (Bowman, Sarah)
March 5, 2013 Opinion or Order Filing 111 NOTICE of Change of Address by Sarah M. Bowman (Bowman, Sarah)
March 5, 2013 Opinion or Order Filing 110 Joint MOTION to Dismiss by Union Carbide Corporation. (Sprinkle, Charles)
March 5, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #110 Joint Motion to Dismiss - Pursuant to the judge's practice preference's, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Further, counsel failed to attach a certificate of service as required by Fed. R. Civ. P. 5(d) and the Clerk of Court's preferences. Counsel must file a separately captioned document labeled 'Certificate of Service' using the certificate of service event located in 'Civil Events - Service of Process'. (Baker, C.)
February 26, 2013 Opinion or Order Filing 109 NOTICE of Voluntary Dismissal as to Unicoat Sales LLC by Becky Yates, Graham Yates. (Attachments: #1 Certificate of Service) (Dickenson, Tiffany) Modified on 2/26/2013 to clarify docket entry text. (Baker, C.)
February 26, 2013 Opinion or Order Filing 108 NOTICE DIRECTING PLAINTIFF TO PROCEED AFTER FAILURE TO ANSWER (as to Defendant Unicoat Sales LLC). (Baker, C.)
February 26, 2013 Opinion or Order Filing 107 AFFIDAVIT of Service for Original Complaint served by Certified Mail, filed by Becky Yates, Graham Yates. (Attachments: #1 Supplement Attachment of Certified Mail Return Receipts for all Defendants) (Dickenson, Tiffany)
February 26, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #106 Notice of Voluntary Dismissal - Where Defendant Union Carbide Corporation has filed an answer in this action, filing of a Stipulation of Dismissal is required pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Also, counsel is reminded to include the full case number of 5:12-cv-752-FL in the caption of all filings. (Baker, C.)
February 26, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #107 Affidavit of Service - This document must be refiled to correct the following deficiencies: (1) Include full case number in caption of document; (2) Include signature block as required by Local Civil Rule 83.1(d); and, (3) Include a Certificate of Service as prescribed by Fed. R. Civ. P. 5(d). (Baker, C.)
February 25, 2013 Opinion or Order Filing 106 NOTICE of Voluntary Dismissal as to Union Carbide Corporation by Becky Yates, Graham Yates. (Attachments: #1 Certificate of Service) (Dickenson, Tiffany) Modified on 2/26/2013 to clarify docket entry text. (Baker, C.)
February 14, 2013 Opinion or Order Filing 105 AMENDED DOCUMENT by The Gates Corporation. Amendment to #102 Financial Disclosure Statement. (Techman, Jennifer)
February 13, 2013 Opinion or Order Filing 104 NOTICE of Change of Address by Jennifer M. Techman. (Techman, Jennifer)
February 11, 2013 Opinion or Order NOTICE TO COUNSEL regarding #102 Financial Disclosure Statement. Counsel should refile the document using the form provided on the Courts' website. Counsel should use the event Financial Disclosure Statement located under the Notices category to file the document. (Heath, D.)
February 8, 2013 Opinion or Order Filing 103 ANSWER to #1 Complaint by The Gates Corporation. (Techman, Jennifer)
February 8, 2013 Opinion or Order Filing 102 FINANCIAL DISCLOSURE STATEMENT by The Gates Corporation. (Techman, Jennifer)
February 8, 2013 Opinion or Order Filing 101 AMENDED DOCUMENT by The Gates Corporation. Amendment to #97 Notice of Appearance . (Techman, Jennifer)
February 7, 2013 Opinion or Order Filing 100 FINANCIAL DISCLOSURE STATEMENT by McNally Industries, LLC. (Santos, Peter)
February 7, 2013 Opinion or Order Filing 99 NOTICE of Appearance by Peter A. Santos on behalf of McNally Industries, LLC. (Santos, Peter)
February 7, 2013 Opinion or Order Filing 98 ANSWER to Complaint by McNally Industries, LLC. (Santos, Peter)
February 5, 2013 Opinion or Order Filing 97 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #101 * - NOTICE of Appearance by Jennifer M. Techman on behalf of The Gates Corporation (Techman, Jennifer) Modified on 2/11/2013 to insert refiling information. (Baker, C.)
February 1, 2013 Opinion or Order Filing 96 FINANCIAL DISCLOSURE STATEMENT by Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc. (Tomlin, Tracy)
February 1, 2013 Opinion or Order Filing 95 ANSWER to #1 Complaint with Jury Demand by Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc. (Tomlin, Tracy)
February 1, 2013 Opinion or Order Filing 94 NOTICE of Appearance by Tracy E. Tomlin on behalf of Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc. (Tomlin, Tracy)
February 1, 2013 Opinion or Order Filing 93 ORDER granting #87 Motion to Withdraw as Attorney - Attorney Timothy Peck terminated as counsel for defendant General Electric Company. Signed by District Judge Louise Wood Flanagan on 02/01/2013. (Baker, C.)
January 31, 2013 Opinion or Order Filing 92 NOTICE of Appearance by Tiffany N. Dickenson on behalf of Becky Yates, Graham Yates (Attachments: #1 Certificate of Service) (Dickenson, Tiffany)
January 31, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #91 Notice of Appearance - Counsel failed to attach a certificate of service as required by Fed.R.Civ.P. Rule 5(d). Counsel must either refile the document or file a separately captioned document labeled 'Certificate of Service' using the certificate of service event located in the 'Service of Process' events category. Future filings must also indicate the case division in the caption of the document. (Baker, C.)
January 30, 2013 Opinion or Order Filing 91 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #90 * - NOTICE of Appearance by Tiffany N. Dickenson on behalf of All Plaintiffs (Dickenson, Tiffany) Modified on 1/31/2013 to insert refiling information. (Baker, C.)
January 29, 2013 Opinion or Order Filing 90 ANSWER to #1 Complaint with Jury Demand by Alfa Laval, Inc. (Tomlin, Tracy)
January 29, 2013 Opinion or Order Filing 89 FINANCIAL DISCLOSURE STATEMENT by Alfa Laval, Inc. (Tomlin, Tracy)
January 29, 2013 Opinion or Order Filing 88 NOTICE of Appearance by Tracy E. Tomlin on behalf of Alfa Laval, Inc. (Tomlin, Tracy)
January 29, 2013 Opinion or Order Filing 87 MOTION to Withdraw as Attorney by Timothy Peck by General Electric Company. (Attachments: #1 Text of Proposed Order) (Peck, Timothy)
January 29, 2013 Opinion or Order Motion Submitted to District Judge Louise Wood Flanagan - #87 MOTION to Withdraw as Attorney by Timothy Peck. (Baker, C.)
January 25, 2013 Opinion or Order Filing 86 NOTICE of Appearance by Tracy E. Tomlin on behalf of Yarway Corporation. (Tomlin, Tracy)
January 25, 2013 Opinion or Order Filing 85 NOTICE of Appearance by Tracy E. Tomlin on behalf of Elliott Turbo Machinery Company. (Tomlin, Tracy)
January 25, 2013 Opinion or Order Filing 84 NOTICE of Appearance by Tracy E. Tomlin on behalf of Crane Co. (Tomlin, Tracy)
January 25, 2013 Opinion or Order Filing 83 NOTICE of Appearance by Tracy E. Tomlin on behalf of Weir Valves & Controls USA, Inc. (Tomlin, Tracy)
January 25, 2013 Opinion or Order Filing 82 NOTICE of Appearance by Jennifer M. Techman on behalf of General Electric Company. (Techman, Jennifer)
January 25, 2013 Opinion or Order Filing 81 ANSWER to #1 Complaint with Jury Demand by Warren Pumps LLC. (Bennett, Joshua)
January 25, 2013 Opinion or Order Filing 80 ANSWER to #1 Complaint with Jury Demand by IMO Industries, Inc. (Bennett, Joshua)
January 24, 2013 Opinion or Order Filing 79 FINANCIAL DISCLOSURE STATEMENT by Yarway Corporation. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 78 ANSWER to #1 Complaint with Jury Demand by Yarway Corporation. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 77 FINANCIAL DISCLOSURE STATEMENT by Elliott Turbo Machinery Company. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 76 ANSWER to #1 Complaint with Jury Demand by Elliott Turbo Machinery Company. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 75 FINANCIAL DISCLOSURE STATEMENT by Crane Co. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 74 ANSWER to #1 Complaint with Jury Demand by Crane Co. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 73 FINANCIAL DISCLOSURE STATEMENT by Weir Valves & Controls USA, Inc. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 72 Atwood & Morrill, Improperly Plead as Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill's ANSWER to #1 Complaint with Jury Demand by Weir Valves & Controls USA, Inc. (Tomlin, Tracy)
January 24, 2013 Opinion or Order Filing 71 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #87 * - Consent MOTION and Proposed Order to Substitute Attorney by General Electric Company. (Techman, Jennifer) Modified on 1/29/2013 to insert refiling information. (Baker, C.)
January 24, 2013 Opinion or Order NOTICE TO COUNSEL (Tracy Tomlin) - All counsel must file a Notice of Appearance as to each party represented pursuant to Local Civil Rule 5.2(a). (Baker, C.)
January 24, 2013 Opinion or Order NOTICE OF DEFICIENCY regarding #71 Motion to Substitute Attorney - Pursuant to Local Civil Rule 83.1(g), substitution of counsel is only allowed amongst attorneys within the same firm. Notice of Appearance should be filed by new counsel, and Motion for Leave to Withdraw as Counsel must be filed by counsel seeking to be relieved from representation. When refiling the motion, it is preferred that a proposed order be attached to the underlying motion and not incorporated therein. (Baker, C.)
January 16, 2013 Opinion or Order NOTICE TO COUNSEL regarding #68 Notice of Appearance and #69 Answer. Incomplete Certificate of Service. For future reference, counsel should comply with Form A attached to the Courts' Electronic Policy and Procedure Manual located on the Courts' website (www.nced.uscourts.gov). (Heath, D.)
January 15, 2013 Opinion or Order Filing 70 FINANCIAL DISCLOSURE STATEMENT by Flowserve US Inc. (Thomas, Mark)
January 15, 2013 Opinion or Order Filing 69 ANSWER to #1 Complaint by Flowserve US Inc. (Thomas, Mark)
January 15, 2013 Opinion or Order Filing 68 NOTICE of Appearance by Mark S. Thomas on behalf of Flowserve US Inc. (Thomas, Mark)
January 15, 2013 Opinion or Order Filing 67 ANSWER to Complaint with Jury Demand by John Crane, Inc. (Anthony, Phillip)
January 15, 2013 Opinion or Order Filing 66 FINANCIAL DISCLOSURE STATEMENT by John Crane, Inc. (Anthony, Phillip)
January 15, 2013 Opinion or Order Filing 65 NOTICE of Appearance by Eric G. Sauls on behalf of John Crane, Inc. (Sauls, Eric)
January 9, 2013 Opinion or Order NOTICE TO COUNSEL regarding #64 Notice of Appearance. Incomplete Certificate of Service. For future reference, counsel should comply with Form A attached to the Court's Electronic Policy and Procedure Manual. (Heath, D.)
January 8, 2013 Opinion or Order Filing 64 NOTICE of Appearance by Phillip J. Anthony on behalf of John Crane, Inc. (Anthony, Phillip)
January 4, 2013 Opinion or Order Filing 63 CERTIFICATE OF SERVICE by Crown Cork & Seal Company, Inc. regarding #62 Response to All Cross-Claims. (Bouch, Timothy)
January 4, 2013 Opinion or Order NOTICE TO COUNSEL regarding #61 Financial Disclosure Statement and #62 Response. Attorney Jennifer Techman is instructed to refile the Financial Disclosure Statement using the form provided on the Court's website (www.nced.uscourts.gov). Attorney Timothy Bouch is instructed to refile the Certificate of Service attached to #62 response and comply with Form A attached to the Court's Electronic Policy and Procedure Manual using Civil Events - Service of Process. (Heath, D.)
January 3, 2013 Opinion or Order Filing 62 RESPONSE to All Cross-Claims by Crown Cork & Seal Company, Inc. (Bouch, Timothy)
January 3, 2013 Opinion or Order Filing 61 FINANCIAL DISCLOSURE STATEMENT by Hobart Brothers Company. (Techman, Jennifer)
December 27, 2012 Opinion or Order Filing 60 NOTICE of Appearance by Charles M. Sprinkle, III on behalf of Dana Companies LLC, Union Carbide Corporation. (Sprinkle, Charles)
December 26, 2012 Opinion or Order Filing 59 NOTICE of Appearance by Sarah M. Bowman on behalf of Hopeman Brothers Inc. (Bowman, Sarah)
December 26, 2012 Opinion or Order Filing 58 NOTICE of Appearance by Timothy Peck on behalf of Velan Valve Corporation. (Peck, Timothy)
December 26, 2012 Opinion or Order Filing 57 FINANCIAL DISCLOSURE STATEMENT by Velan Valve Corporation identifying Corporate Parent Velan Inc. for Velan Valve Corporation. (Peck, Timothy)
December 26, 2012 Opinion or Order Filing 56 ANSWER to #1 Complaint with Jury Demand by Velan Valve Corporation. (Peck, Timothy)
December 26, 2012 Opinion or Order Filing 55 NOTICE of Appearance by Timothy Peck on behalf of General Electric Company. (Peck, Timothy)
December 26, 2012 Opinion or Order Filing 54 FINANCIAL DISCLOSURE STATEMENT by General Electric Company. (Peck, Timothy)
December 26, 2012 Opinion or Order Filing 53 ANSWER to #1 Complaint with Jury Demand by General Electric Company. (Peck, Timothy)
December 26, 2012 Opinion or Order Filing 52 FINANCIAL DISCLOSURE STATEMENT by Armstrong International, Inc. (Martin, Travis)
December 26, 2012 Opinion or Order Filing 51 ANSWER to #1 Complaint with Jury Demand by Armstrong International, Inc. (Martin, Travis)
December 26, 2012 Opinion or Order Filing 50 NOTICE of Appearance by Travis W. Martin on behalf of Armstrong International, Inc. (Martin, Travis)
December 26, 2012 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Hobart Brothers Company. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
December 26, 2012 Opinion or Order NOTICE TO COUNSEL (Sarah M. Bowman) - Counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.)
December 26, 2012 Opinion or Order NOTICE TO COUNSEL (Charles M. Sprinkle, III) - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). This must be a separately captioned document. Incorporation of entry of appearance in a party's answer or other responsive pleading is not sufficient. (Baker, C.)
December 21, 2012 Opinion or Order Filing 49 FINANCIAL DISCLOSURE STATEMENT by Union Carbide Corporation identifying Corporate Parent The Dow Chemical Company for Union Carbide Corporation. (Sprinkle, Charles)
December 21, 2012 Opinion or Order Filing 48 FINANCIAL DISCLOSURE STATEMENT by Dana Companies LLC. (Sprinkle, Charles)
December 21, 2012 Opinion or Order Filing 47 ANSWER to #1 Complaint with Jury Demand and Entry of Appearance by Union Carbide Corporation. (Sprinkle, Charles)
December 21, 2012 Opinion or Order Filing 46 ANSWER to #1 Complaint with Jury Demand and Entry of Appearance by Dana Companies LLC. (Sprinkle, Charles)
December 21, 2012 Opinion or Order Filing 45 FINANCIAL DISCLOSURE STATEMENT by Hopeman Brothers Inc. (Bowman, Sarah)
December 21, 2012 Opinion or Order Filing 44 ANSWER to #1 Complaint with Jury Demand by Hopeman Brothers Inc. (Bowman, Sarah)
December 21, 2012 Opinion or Order Filing 43 FINANCIAL DISCLOSURE STATEMENT by Crown Cork & Seal Company, Inc. (Bouch, Timothy)
December 21, 2012 Opinion or Order Filing 42 ANSWER to #1 Complaint with Jury Demand by Crown Cork & Seal Company, Inc. (Bouch, Timothy)
December 21, 2012 Opinion or Order Filing 41 NOTICE of Appearance by Timothy W. Bouch on behalf of Crown Cork & Seal Company, Inc. (Bouch, Timothy)
December 21, 2012 Opinion or Order Filing 40 FINANCIAL DISCLOSURE STATEMENT by The William Powell Company. (Oakley, David)
December 21, 2012 Opinion or Order Filing 39 ANSWER to #1 Complaint with Jury Demand by The William Powell Company. (Oakley, David)
December 21, 2012 Opinion or Order Filing 38 NOTICE of Appearance by David B. Oakley on behalf of The William Powell Company. (Oakley, David)
December 20, 2012 Opinion or Order Filing 37 FINANCIAL DISCLOSURE STATEMENT by FMC Corporation. (Santos, Peter)
December 20, 2012 Opinion or Order Filing 36 NOTICE of Appearance by Peter A. Santos on behalf of FMC Corporation. (Santos, Peter)
December 20, 2012 Opinion or Order Filing 35 ANSWER to Complaint by FMC Corporation. (Santos, Peter)
December 20, 2012 Opinion or Order Filing 34 NOTICE of Appearance by Jessica Floyd Middlebrooks on behalf of Ford Motor Company. (Middlebrooks, Jessica)
December 20, 2012 Opinion or Order Filing 33 NOTICE of Appearance by Christopher R. Kiger on behalf of Ford Motor Company. (Kiger, Christopher)
December 20, 2012 Opinion or Order Filing 32 FINANCIAL DISCLOSURE STATEMENT by Ford Motor Company. (Attachments: #1 Exhibit A - List of Entities) (Warner, Kirk)
December 20, 2012 Opinion or Order Filing 31 NOTICE of Appearance by Kirk G. Warner on behalf of Ford Motor Company. (Warner, Kirk)
December 20, 2012 Opinion or Order Filing 30 ANSWER to #1 Complaint with Jury Demand by Ford Motor Company. (Warner, Kirk)
December 20, 2012 Opinion or Order Filing 29 FINANCIAL DISCLOSURE STATEMENT by CBS Corporation. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 28 FINANCIAL DISCLOSURE STATEMENT by Foster Wheeler Energy Corporation. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 27 ANSWER to #1 Complaint by Hobart Brothers Company. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 26 ANSWER to #1 Complaint by Foster Wheeler Energy Corporation. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 25 ANSWER to #1 Complaint by CBS Corporation. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 24 NOTICE of Appearance by Jennifer M. Techman on behalf of CBS Corporation. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 23 NOTICE of Appearance by Jennifer M. Techman on behalf of Hobart Brothers Company. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 22 NOTICE of Appearance by Jennifer M. Techman on behalf of Foster Wheeler Energy Corporation. (Techman, Jennifer)
December 20, 2012 Opinion or Order Filing 21 FINANCIAL DISCLOSURE STATEMENT by Metropolitan Life Insurance Company. (Coltrain, Keith)
December 20, 2012 Opinion or Order Filing 20 ANSWER to #1 Complaint with Jury Demand and to Crossclaims of Any and All Defendants and Third Party Defendants by Metropolitan Life Insurance Company. (Coltrain, Keith)
December 20, 2012 Opinion or Order Filing 19 NOTICE of Appearance by Keith E. Coltrain on behalf of Metropolitan Life Insurance Company. (Coltrain, Keith)
December 20, 2012 Opinion or Order Filing 18 FINANCIAL DISCLOSURE STATEMENT by Honeywell International, Inc. (Davis, H.)
December 20, 2012 Opinion or Order Filing 17 ANSWER to #1 Complaint with Jury Demand by Honeywell International, Inc. (Davis, H.)
December 20, 2012 Opinion or Order Filing 16 NOTICE of Appearance by H. Lee Davis, Jr on behalf of Honeywell International, Inc. (Davis, H.)
December 20, 2012 Opinion or Order NOTICE TO COUNSEL regarding #21 Financial Disclosure Statement, #19 Notice of Appearance, and #20 Answer to Complaint - Counsel failed to reflect the "Division" in the case caption. Counsel should reflect on all future filings the "Division" (Western) in which the case has been assigned. The case number on the documents is incomplete. All future filings should include the full case number of 5:12-CV-752-FL. No need to refile at this time. (Tripp, S.)
December 20, 2012 Opinion or Order NOTICE TO COUNSEL regarding: #32 Financial Disclosure Statement - Counsel failed to "flatten" this form. The court prefers "flattened" PDF forms. No need to refile at this time. (Tripp, S.)
December 20, 2012 Opinion or Order NOTICE TO COUNSEL regarding: #26 Answer to Complaint, #23 Notice of Appearance, #33 Notice of Appearance, #29 Financial Disclosure Statement, #27 Answer to Complaint, #34 Notice of Appearance, #28 Financial Disclosure Statement, #31 Notice of Appearance, #24 Notice of Appearance, #30 Answer to Complaint, #25 Answer to Complaint, and #22 Notice of Appearance - Counsel failed to reflect the "Division" in the case caption. Counsel should reflect on all future filings the "Division" (Western) in which the case has been assigned. Incorrect case number - counsel should include the correct case number of 5:12-CV-752-FL on all future filings. (Tripp, S.)
December 18, 2012 Opinion or Order NOTICE TO COUNSEL regarding #12 Notice of Appearance, #13 Financial Statement, #14 Notice of Appearance and #15 Financial Statement. Counsel failed to reflect the "Division" in the case caption. Counsel should reflect on all future filings the "Division" (Western) in which the case has been assigned. (Heath, D.)
December 18, 2012 Opinion or Order NOTICE TO COUNSEL regarding #9 Answer, #10 Financial Disclosure Statement and #11 Notice of Appearance. Incomplete Certificate of Service and division omitted from case caption. For future reference, counsel should comply with Form A attached to the Court's Electronic Policy and Procedure Manual. Counsel should reflect on all future filings the "Division" (Western) in which the case has been assigned. (Heath, D.)
December 14, 2012 Opinion or Order Filing 15 FINANCIAL DISCLOSURE STATEMENT by IMO Industries, Inc. identifying Corporate Parent Colfax Corporation, Corporate Parent Imo Holdings, Inc., Corporate Parent CLFX Corporation for IMO Industries, Inc. (Bennett, Joshua)
December 14, 2012 Opinion or Order Filing 14 NOTICE of Appearance by Joshua H. Bennett on behalf of IMO Industries, Inc. (Bennett, Joshua)
December 14, 2012 Opinion or Order Filing 13 FINANCIAL DISCLOSURE STATEMENT by Warren Pumps LLC. (Bennett, Joshua)
December 14, 2012 Opinion or Order Filing 12 NOTICE of Appearance by Joshua H. Bennett on behalf of Warren Pumps LLC. (Bennett, Joshua)
December 13, 2012 Opinion or Order Filing 11 NOTICE of Appearance by John A. Gardner, III on behalf of Borg-Warner Morse Tec, Inc. (Gardner, John)
December 13, 2012 Opinion or Order Filing 10 FINANCIAL DISCLOSURE STATEMENT by Borg-Warner Morse Tec, Inc. identifying Corporate Parent BorgWarner, Inc. for Borg-Warner Morse Tec, Inc. (Gardner, John)
December 13, 2012 Opinion or Order Filing 9 ANSWER to #1 Complaint with Jury Demand by Borg-Warner Morse Tec, Inc. (Gardner, John)
December 13, 2012 Opinion or Order NOTICE TO COUNSEL (John A. Gardner, III) - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.)
November 30, 2012 Opinion or Order Filing 8 ORDER ADOPTING SECOND SUGGESTION TO THE PANEL CONCERNING FUTURE TAG-ALONG TRANSFERS - Issued 11/21/2012 by the United States Judicial Panel on Multidistrict Litigation. (Baker, C.)
November 29, 2012 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned to District Judge Louise Wood Flanagan for all further proceedings. All future pleadings should reflect the revised case number 5:12-CV-752-FL. Senior Judge James C. Fox no longer assigned to case. Signed by Julie A. Richards, Clerk of Court on 11/29/2012. (Edwards, S.)
November 28, 2012 Opinion or Order Filing 6 ORDER OF RECUSAL. The Clerk of Court is DIRECTED to reassign this case to another district judge so as to avoid any appearance of a conflict. Signed by Senior Judge James C. Fox on 11/28/2012. (Edwards, S.)
November 26, 2012 Opinion or Order Filing 5 FINANCIAL DISCLOSURE STATEMENT by Becky Yates. (Black, Janet Ward)
November 26, 2012 Opinion or Order Filing 4 FINANCIAL DISCLOSURE STATEMENT by Graham Yates. (Black, Janet Ward)
November 26, 2012 Opinion or Order Filing 3 NOTICE of Appearance by Janet Ward Black on behalf of Becky Yates, Graham Yates. (Black, Janet Ward)
November 21, 2012 Opinion or Order Filing 2 Summons Issued as to ARMSTRONG INTERNATIONAL, INC., Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc., Alfa Laval, Inc., Borg-Warner Morse Tec, Inc., CBS Corporation a Delaware Corporation f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation, Crane Co., Crown Cork & Seal Company, Inc., Dana Companies LLC, Elliott Turbo Machinery Company, FMC Corporation, Flowserve US Inc., Ford Motor Company, Foster Wheeler Energy Corporation, General Electric Company, Hobart Brothers Company, Honeywell International, Inc., Hopeman Brothers Inc., IMO Industries, Inc., John Crane, Inc., McNally Industries, LLC, Metropolitan Life Insurance Company, The Gates Corporation, The William Powell Company, Unicoat Sales LLC, Union Carbide Corporation, Velan Valve Corporation, Warren Pumps LLC, Weir Valves & Controls USA, Inc., Yarway Corporation. (Berryhill, E.)
November 21, 2012 Opinion or Order NOTICE TO COUNSEL: Include case number on all documents. (Berryhill, E.)
November 21, 2012 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Becky Yates, Graham Yates. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Berryhill, E.)
November 16, 2012 Opinion or Order Filing 1 COMPLAINT against ARMSTRONG INTERNATIONAL, INC., Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc., Alfa Laval, Inc., Borg-Warner Morse Tec, Inc., CBS Corporation a Delaware Corporation f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation, Crane Co., Crown Cork & Seal Company, Inc., Dana Companies LLC, Elliott Turbo Machinery Company, FMC Corporation, Flowserve US Inc., Ford Motor Company, Foster Wheeler Energy Corporation, General Electric Company, Hobart Brothers Company, Honeywell International, Inc., Hopeman Brothers Inc., IMO Industries, Inc., John Crane, Inc., McNally Industries, LLC, Metropolitan Life Insurance Company, The Gates Corporation, The William Powell Company, Unicoat Sales LLC, Union Carbide Corporation, Velan Valve Corporation, Warren Pumps LLC, Weir Valves & Controls USA, Inc., Yarway Corporation ( Filing fee $ 350 receipt number 258KTI8E), filed by Becky Yates, Graham Yates. (Attachments: #1 Summons) (Black, Janet Ward)

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Search for this case: Yates v. Air & Liquid Systems Corporation, Inc., et al
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Defendant: CBS Corporation
Represented By: Jennifer M. Techman
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Defendant: Elliott Turbo Machinery Company
Represented By: Tracy E. Tomlin
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Defendant: FMC Corporation
Represented By: Peter A. Santos
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Defendant: Honeywell International, Inc.
Represented By: Holly A. Hempel
Represented By: H. Lee Davis, Jr.
Represented By: Bruce T. Bishop
Represented By: Jason Larry Walters
Represented By: Kevin P. Greene
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Defendant: Unicoat Sales LLC
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Defendant: Weir Valves & Controls USA, Inc.
Represented By: Tracy E. Tomlin
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Defendant: Air & Liquid Systems Corporation, Successor By Merger to Buffalo Pumps, Inc.
Represented By: Tracy E. Tomlin
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Defendant: Alfa Laval, Inc.
Represented By: Tracy E. Tomlin
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Defendant: Armstrong International, Inc.
Represented By: Travis W. Martin
Represented By: Timothy Peck
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Defendant: Borg-Warner Morse Tec, Inc.
Represented By: Jeremy Canipe
Represented By: John A. Gardner, III
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Defendant: Viacom, Inc. (sued as successor by merger to CBS Corporation)
Represented By: Jennifer M. Techman
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Defendant: Westinghouse Electric Corporation
Represented By: Jennifer M. Techman
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Defendant: Crane Co.
Represented By: Tracy E. Tomlin
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Defendant: Crown Cork & Seal Company, Inc.
Represented By: Timothy W. Bouch
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Defendant: Dana Companies LLC
Represented By: Charles M. Sprinkle, III
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Defendant: Elliott Company
Represented By: Tracy E. Tomlin
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Defendant: Flowserve US Inc.
Represented By: Mark S. Thomas
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Defendant: Northern Fire Apparatus Company
Represented By: Peter A. Santos
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Defendant: Ford Motor Company
Represented By: Christopher R. Kiger
Represented By: Jessica Floyd Middlebrooks
Represented By: Addie K.S. Ries
Represented By: Kirk G. Warner
Represented By: Thurston H. Webb
Represented By: Samuel Lewis Tarry
Represented By: Shepherd D. Wainger
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Defendant: Foster Wheeler Energy Corporation
Represented By: Jennifer M. Techman
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Defendant: The Gates Corporation
Represented By: Jennifer M. Techman
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Defendant: General Electric Company
Represented By: Jennifer M. Techman
Represented By: Timothy Peck
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Defendant: Hobart Brothers Company
Represented By: Jennifer M. Techman
Represented By: John A. Sheffer
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Defendant: Allied-Signal, Inc.
Represented By: Kevin P. Greene
Represented By: H. Lee Davis, Jr.
Represented By: Bruce T. Bishop
Represented By: Holly A. Hempel
Represented By: Jason Larry Walters
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Defendant: Hopeman Brothers Inc.
Represented By: Sarah M. Bowman
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Defendant: IMO Industries, Inc.
Represented By: Joshua H. Bennett
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Defendant: John Crane, Inc.
Represented By: Phillip J. Anthony
Represented By: Eric G. Sauls
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Defendant: McNally Industries, LLC
Represented By: Peter A. Santos
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Defendant: Metropolitan Life Insurance Company
Represented By: Keith E. Coltrain
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Defendant: KST Coatings Manufacturing, Inc.
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Defendant: Union Carbide Corporation
Represented By: Charles M. Sprinkle, III
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Defendant: Velan Valve Corporation
Represented By: Timothy Peck
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Defendant: Warren Pumps LLC
Represented By: Joshua H. Bennett
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Defendant: Atwood & Morrill
Represented By: Tracy E. Tomlin
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Defendant: The William Powell Company
Represented By: David B. Oakley
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Defendant: Yarway Corporation
Represented By: Tracy E. Tomlin
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Plaintiff: Graham Yates
Represented By: Charles E. Soechting
Represented By: Stuart J. Purdy
Represented By: Janet Ward Black
Represented By: Kevin W. Paul
Represented By: Tiffany N. Dickenson
Represented By: Jay E. Stuemke
Represented By: Jeffrey B. Simon
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Plaintiff: Becky Yates
Represented By: Kevin W. Paul
Represented By: Stuart J. Purdy
Represented By: Tiffany N. Dickenson
Represented By: Charles E. Soechting
Represented By: Jay E. Stuemke
Represented By: Jeffrey B. Simon
Represented By: Janet Ward Black
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Plaintiff: Rebecca Fuquay Yates
Represented By: Kevin W. Paul
Represented By: Stuart J. Purdy
Represented By: Tiffany N. Dickenson
Represented By: Charles E. Soechting
Represented By: Jay E. Stuemke
Represented By: Jeffrey B. Simon
Represented By: Janet Ward Black
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