MCDANIEL, et al v. JOHN CRANE, INC. et al
| DEBORAH J. MCDANIEL and KENNETH R. MCDANIEL |
| VIKING PUMP, INC., COVIL CORPORATION, GRINNELL LLC, GOULDS PUMPS, INCORPORATED, BW/IP, INC., FLUOR CONSTRUCTORS INTERNATIONAL, CRANE CO., THE GORMAN-RUPP COMPANY, HILLS-MCCANNA, LLC, DANIEL INTERNATIONAL CORPORATION, UNIROYAL HOLDING, INC., FLUOR CONSTRUCTORS INTERNATIONAL, INC., THE GOODYEAR TIRE & RUBBER COMPANY, THE WILLIAM POWELL COMPANY, FLUOR ENTERPRISES, INC., FLUOR DANIEL SERVICES CORPORATION, JOHN CRANE, INC., ITT CORPORATION, ANDRONACO, INC., METROPOLITAN LIFE INSURANCE COMPANY, CBS CORPORATION, ARMSTRONG INTERNATIONAL, INC., HILLS-MCCANNA, LLC doing business as HILLS-MCCANNA, AN ANDRONACO INDUSTRIES COMPANY, ITT INDUSTRIES INC.,, ITT FLUID PRODUCTS CORP., BELL AND GOSSETT COMPANY, WESTINGHOUSE ELECTRIC CORPORATION, GRINNELL LLC doing business as GRINNELL CORPORATION, ITT MARLOW, VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, UNITED STATES RUBBER COMPANY, INC., HOFFMAN SPECIALTY MFG. CORP. and FLUOR CORPORATION |
| 1:2019cv00359 |
| April 1, 2019 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOI ELIZABETH PEAKE |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 167 WITHDRAWAL of Motion by Defendant CBS CORPORATION re #153 MOTION to Compel Discovery and for Sanctions filed by CBS CORPORATION, #123 MOTION for Summary Judgment filed by CBS CORPORATION (TECHMAN, JENNIFER) |
| Filing 166 WITHDRAWAL of Motion by Defendant ARMSTRONG INTERNATIONAL, INC. re #119 MOTION for Summary Judgment filed by ARMSTRONG INTERNATIONAL, INC. (PECK, TIMOTHY) |
Filing 165
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/8/2020; that the parties' Joint Motion for Dismissal, (Doc. #142 ), is GRANTED and that all of Plaintiffs' claims against Defendant Viking Pump, Inc., are hereby DISMISSED WITHOUT PREJUDICE. Except as otherwise agreed, the respective parties shall bear their own costs in this action. (Hicks, Samantha)
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| Motions Submitted re: #103 MOTION for Summary Judgment, #105 MOTION for Summary Judgment, #110 MOTION for Summary Judgment, #119 MOTION for Summary Judgment, #121 MOTION for Summary Judgment, #123 MOTION for Summary Judgment, #125 MOTION for Summary Judgment, #125 MOTION for Summary Judgment, #129 MOTION to Exclude Opinions of Charles Ay, #131 MOTION to Exclude Opinions of Arnold Brody and Every Exposure, #133 MOTION to Exclude Opinions of Steven Haber, #135 MOTION in Limine to Exclude Expert Opinion Testimony of Charles Ay, #137 MOTION in Limine to Exclude Expert Opinion Testimony of Arnold R. Brody, Ph.D., #139 NOTICE of Joinder, #142 Joint MOTION to Dismiss Defendant Viking Pump, Inc., #153 MOTION to Compel Discovery and for Sanctions, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 164 REPLY, filed by Defendant CBS CORPORATION, to Response to #153 MOTION to Compel Discovery and for Sanctions filed by CBS CORPORATION. (Attachments: #1 Exhibit Discovery Request to Plaintiff)(TECHMAN, JENNIFER) |
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Filing 163
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 6/29/2020; that Plaintiffs' motion to exceed the word count, (Doc. #149 ), is GRANTED and that Plaintiffs' response, (Doc. #148 ), is deemed filed in excess of 6,250 words, but not more than 6,745 words in length. (Hicks, Samantha)
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Filing 162
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 6/29/2020; that Plaintiffs' motion to exceed the word count, (Doc. #147 ), is GRANTED and that Plaintiffs' response, (Doc. #146 ), is deemed filed in excess of 6,250 words, but not more than 7,510 words in length. (Hicks, Samantha)
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Filing 161
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 6/29/2020; that Plaintiffs' motion to exceed the word count, (Doc. #145 ), is GRANTED and that Plaintiffs' response, (Doc. #144 ), is deemed filed in excess of 6,250 words, but not more than 7,849 words in length. (Hicks, Samantha)
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| Filing 160 RESPONSE in Opposition re #154 Brief, #153 MOTION to Compel Discovery and for Sanctions filed by CBS CORPORATION filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 7/13/2020 (Attachments: #1 Exhibit 1 - 2019-07-22- McDaniel - WH rpd, #2 Exhibit 2 - Responses to CBS RFPs, #3 Exhibit 3 - Email to Techman)(BRALY, BENJAMIN) |
| Filing 159 REPLY, filed by Defendant COVIL CORPORATION, to Response to #137 MOTION in Limine to Exclude Expert Opinion Testimony of Arnold R. Brody, Ph.D. filed by COVIL CORPORATION. (BRATHWAITE, ASHLEY) |
| Filing 158 REPLY, filed by Defendant COVIL CORPORATION, to Response to #135 MOTION in Limine to Exclude Expert Opinion Testimony of Charles Ay filed by COVIL CORPORATION. (BRATHWAITE, ASHLEY) |
| Filing 157 REPLY, filed by Defendant COVIL CORPORATION, to Response to #125 MOTION for Summary Judgment filed by COVIL CORPORATION. (Attachments: #1 Exhibit A. Excerpts from Kenneth McDaniel Deposition, #2 Exhibit B. Excerpts from Terry Tilley Deposition, #3 Exhibit C. Porter-Hayden Company Quotation, #4 Exhibit D. Excerpts from Douglas Ware Deposition)(BRATHWAITE, ASHLEY) |
| Filing 156 REPLY, filed by Defendant CBS CORPORATION, to Response to #123 MOTION for Summary Judgment filed by CBS CORPORATION. (Attachments: #1 Exhibit Ex A Depo Excerpts, #2 Exhibit Ex B General Conditions of Contract)(TECHMAN, JENNIFER) |
| Filing 155 REPLY, filed by Defendant DANIEL INTERNATIONAL CORPORATION, to Response to #103 MOTION for Summary Judgment filed by DANIEL INTERNATIONAL CORPORATION. (CONNER, W.) |
| Filing 154 BRIEF re #153 MOTION to Compel Discovery and for Sanctions . (Attachments: #1 Exhibit Plaintiffs' Discovery Responses, #2 Exhibit Plaintiffs' Discovery Responses, #3 Exhibit Excerpts from July 24, 2019 Deposition of Deborah McDaniel, #4 Exhibit Correspondence dated March 6, 2020, #5 Exhibit Correspondence dated May 6, 2020, #6 Exhibit Correspondence dated May 12, 2020, #7 Exhibit Correspondence dated May 13, 2020)(TECHMAN, JENNIFER) |
| Filing 153 MOTION to Compel Discovery and for Sanctions by CBS CORPORATION. Response to Motion due by 6/29/2020 (TECHMAN, JENNIFER) |
| Filing 152 RESPONSE in Opposition re #138 Brief, filed by COVIL CORPORATION, #132 Brief filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 6/26/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(BRALY, BENJAMIN) |
| Filing 151 RESPONSE in Opposition re #139 Notice of Joinder filed by COVIL CORPORATION, #134 Brief, #133 MOTION to Exclude Opinions of Steven Haber filed by CBS CORPORATION filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 6/26/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(BRALY, BENJAMIN) |
| Filing 150 RESPONSE in Opposition re #135 MOTION in Limine to Exclude Expert Opinion Testimony of Charles Ay filed by COVIL CORPORATION, #129 MOTION to Exclude Opinions of Charles Ay filed by CBS CORPORATION filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 6/26/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(BRALY, BENJAMIN) |
| Filing 149 MOTION to Exceed Page Limit to Plaintiffs Response to Daniel International MSJ by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Responses due by 6/29/2020 (Attachments: #1 Text of Proposed Order)(BRALY, BENJAMIN) |
| Filing 148 RESPONSE in Opposition re #103 MOTION for Summary Judgment filed by DANIEL INTERNATIONAL CORPORATION filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 6/22/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(BRALY, BENJAMIN) |
| Filing 147 MOTION for Leave to File Excess Pages to Plaintiffs Response to Covil MSJ by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Responses due by 6/29/2020 (Attachments: #1 Text of Proposed Order)(BRALY, BENJAMIN) |
| Filing 146 RESPONSE in Opposition re #125 MOTION for Summary Judgment filed by COVIL CORPORATION filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 6/22/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(BRALY, BENJAMIN) |
| Filing 145 MOTION to Exceed Page Limit to Plaintiffs Response to CBS MSJ by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Responses due by 6/29/2020 (Attachments: #1 Text of Proposed Order)(BRALY, BENJAMIN) |
| Filing 144 RESPONSE in Opposition re #123 MOTION for Summary Judgment filed by CBS CORPORATION filed by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. Replies due by 6/22/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(BRALY, BENJAMIN) |
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Filing 143
ORDER OF DISMISSAL signed by JUDGE WILLIAM L. OSTEEN, JR on 6/1/2020; that the parties' Joint Motion to Dismiss, (Doc. #140 ), is GRANTED and that all of Plaintiffs' claims against Defendant BW/IP, Inc., and its Wholly-Owned Subsidiaries, are hereby DISMISSED WITH PREJUDICE. Except as otherwise agreed, the respective parties shall bear their own costs in this action. FURTHER ORDERED that the motion for summary judgment, (Doc. #117 ), filed by Defendant BW/IP, Inc., and its Wholly-Owned Subsidiaries, is DENIED AS MOOT. (Hicks, Samantha)
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| Filing 142 Joint MOTION to Dismiss Defendant Viking Pump, Inc. by VIKING PUMP, INC.. Response to Motion due by 6/22/2020 (Attachments: #1 Text of Proposed Order)(DRAYTON, AMY) |
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Filing 141
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/28/2020; that the Motion for Extension of Time [Doc. #128 ] is GRANTED, and Plaintiff shall have until June 8, 2020, to respond to the summary judgment motions filed by Defendant Daniel International Corporation [Doc. #103 ] and Fluor Constructors International, Inc., Fluor Daniel Services Corporation, and Fluor Enterprises, Inc. [Doc. #105 ]. All other deadlines to remain in place as previously ordered. (Hicks, Samantha)
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| Filing 140 Joint MOTION to Dismiss BW/IP, Inc. and Its Wholly-Owned Subsidiaries Only by BW/IP, INC.. Response to Motion due by 6/18/2020 (Attachments: #1 Proposed Order)(O'NEILL, M.) |
| Motion Referred re: #128 Joint MOTION for Extension of Time to File Response/Reply as to #74 Rule 26f (Joint), #105 MOTION for Summary Judgment, #103 MOTION for Summary Judgment, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) |
| Filing 139 NOTICE OF JOINDER by Defendant COVIL CORPORATION JOINING #133 MOTION to Exclude Opinions of Steven Haber (BRATHWAITE, ASHLEY) |
| Filing 138 BRIEF re #137 MOTION in Limine to Exclude Expert Opinion Testimony of Arnold R. Brody, Ph.D. by Defendant COVIL CORPORATION filed by COVIL CORPORATION. (Attachments: #1 Appendix, #2 Exhibit 01-Arnold Brody Report, #3 Exhibit 02-Michael Warhol Report)(BRATHWAITE, ASHLEY) |
| Filing 137 MOTION in Limine to Exclude Expert Opinion Testimony of Arnold R. Brody, Ph.D. by COVIL CORPORATION. Response to Motion due by 6/12/2020 (BRATHWAITE, ASHLEY) |
| Filing 136 BRIEF re #135 MOTION in Limine to Exclude Expert Opinion Testimony of Charles Ay by Defendant COVIL CORPORATION filed by COVIL CORPORATION. (Attachments: #1 Appendix, #2 Exhibit 01-Exhibit 1 to Charles Ay Report, #3 Exhibit 02-Charles Ay Depo Excerpts, #4 Exhibit 03-Charles Ay Report)(BRATHWAITE, ASHLEY) |
| Filing 135 MOTION in Limine to Exclude Expert Opinion Testimony of Charles Ay by COVIL CORPORATION. Response to Motion due by 6/12/2020 (BRATHWAITE, ASHLEY) |
| Filing 134 BRIEF re #133 MOTION to Exclude Opinions of Steven Haber . (Attachments: #1 Exhibit Ex A Depo Excerpts, #2 Errata Ex B Haber Report)(TECHMAN, JENNIFER) |
| Filing 133 MOTION to Exclude Opinions of Steven Haber by CBS CORPORATION. Response to Motion due by 6/12/2020 (TECHMAN, JENNIFER) |
| Filing 132 BRIEF re #131 MOTION to Exclude Opinions of Arnold Brody and Every Exposure . (Attachments: #1 Exhibit Expert Report)(TECHMAN, JENNIFER) |
| Filing 131 MOTION to Exclude Opinions of Arnold Brody and Every Exposure by CBS CORPORATION. Response to Motion due by 6/12/2020 (TECHMAN, JENNIFER) |
| Filing 130 BRIEF re #129 MOTION to Exclude Opinions of Charles Ay . (Attachments: #1 Exhibit Ex A Declaration, #2 Exhibit Ex B Depo Excerpts, #3 Exhibit Ex C Affidavit)(TECHMAN, JENNIFER) |
| Filing 129 MOTION to Exclude Opinions of Charles Ay by CBS CORPORATION. Response to Motion due by 6/12/2020 (TECHMAN, JENNIFER) |
| Filing 128 Joint MOTION for Extension of Time to File Response/Reply as to #74 Rule 26f (Joint), #105 MOTION for Summary Judgment , #103 MOTION for Summary Judgment by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. (Attachments: #1 Text of Proposed Order)(BRALY, BENJAMIN) |
| Filing 127 Corrected document re #126 BRIEF . (Attachments: #1 Appendix, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Exhibit 08, #10 Exhibit 09, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)(BRATHWAITE, ASHLEY) Modified on 5/11/2020 to link to correct document. (Hicks, Samantha) |
| Filing 126 BRIEF re #125 MOTION for Summary Judgment by Defendant COVIL CORPORATION filed by COVIL CORPORATION. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Exhibit 08, #10 Exhibit 09, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)(BRATHWAITE, ASHLEY) |
| Filing 125 MOTION for Summary Judgment by COVIL CORPORATION. Response to Motion due by 6/8/2020 (BRATHWAITE, ASHLEY) |
| Filing 124 BRIEF re #123 MOTION for Summary Judgment . (Attachments: #1 Exhibit A - Affidavit of Doug Ware, #2 Exhibit B - Excerpts from Deborah McDaniel Dep, #3 Exhibit C - Excerpts from Kenneth McDaniel Dep, #4 Exhibit D - Excerpts from Terry Tilly Dep, #5 Exhibit E - Correspondence, #6 Exhibit F - Correspondence, #7 Exhibit G - Letter & Addendum, #8 Exhibit H - Photos)(TECHMAN, JENNIFER) |
| Filing 123 MOTION for Summary Judgment by CBS CORPORATION. Response to Motion due by 6/8/2020 (TECHMAN, JENNIFER) |
| Filing 122 BRIEF re #121 MOTION for Summary Judgment by Defendant THE WILLIAM POWELL COMPANY filed by THE WILLIAM POWELL COMPANY. (OAKLEY, DAVID) |
| Filing 121 MOTION for Summary Judgment by THE WILLIAM POWELL COMPANY. Response to Motion due by 6/8/2020 (OAKLEY, DAVID) |
| Filing 120 BRIEF re #119 MOTION for Summary Judgment by Defendant ARMSTRONG INTERNATIONAL, INC. filed by ARMSTRONG INTERNATIONAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(PECK, TIMOTHY) |
| Filing 119 MOTION for Summary Judgment by ARMSTRONG INTERNATIONAL, INC.. Response to Motion due by 6/8/2020 (PECK, TIMOTHY) |
| Filing 118 BRIEF of BW/IP, Inc. And Its Wholly-Owned Subsidiaries In Support Of Motion For Summary Judgment. (O'NEILL, M.) |
| Filing 117 MOTION for Summary Judgment by BW/IP, INC.. Response to Motion due by 5/28/2020 (O'NEILL, M.) |
| Filing 116 NOTICE of Intent to File Dispositive Motions by Defendant THE WILLIAM POWELL COMPANY (OAKLEY, DAVID) |
| Filing 115 NOTICE of Intent to File Dispositive Motions by Defendant CBS CORPORATION (TECHMAN, JENNIFER) |
| Filing 114 NOTICE of Intent to File Dispositive Motions by Defendant ARMSTRONG INTERNATIONAL, INC. (PECK, TIMOTHY) |
| Filing 113 NOTICE of Intent to File Dispositive Motions by Defendant COVIL CORPORATION (BRATHWAITE, ASHLEY) |
| Filing 112 NOTICE of Intent to File Dispositive Motions by Defendant BW/IP, INC. (SULLIVAN, KIMBERLY) |
| Filing 111 MEMORANDUM filed by Defendant THE GORMAN-RUPP COMPANY re #110 MOTION for Summary Judgment filed by THE GORMAN-RUPP COMPANY. (CONNER, W.) |
| Filing 110 MOTION for Summary Judgment by THE GORMAN-RUPP COMPANY. Response to Motion due by 5/26/2020 (CONNER, W.) |
| Filing 109 NOTICE of Intent to File Dispositive Motions by Defendant ITT CORPORATION (TOMLIN, TRACY) |
| Filing 108 NOTICE of Intent to File Dispositive Motions by Defendant GRINNELL LLC (TOMLIN, TRACY) |
| Filing 107 NOTICE of Intent to File Dispositive Motions by Defendant GOULDS PUMPS, INCORPORATED (TOMLIN, TRACY) |
| Filing 106 MEMORANDUM filed by Defendants FLUOR CONSTRUCTORS INTERNATIONAL, INC., FLUOR DANIEL SERVICES CORPORATION, FLUOR ENTERPRISES, INC. re #105 MOTION for Summary Judgment filed by FLUOR CONSTRUCTORS INTERNATIONAL, INC., FLUOR DANIEL SERVICES CORPORATION, FLUOR ENTERPRISES, INC.. (Attachments: #1 Exhibit A - Deborah McDaniel Videotaped Depo, #2 Exhibit B - Kenneth McDaniel Videotaped Depo, #3 Exhibit C - Terry Russell Tilley Videotaped Depo)(CONNER, W.) (Main Document 106 replaced with corrected memorandum on 4/24/2020) (Hicks, Samantha) |
| Filing 105 MOTION for Summary Judgment by FLUOR CONSTRUCTORS INTERNATIONAL, INC., FLUOR DANIEL SERVICES CORPORATION, FLUOR ENTERPRISES, INC.. Response to Motion due by 5/26/2020 (CONNER, W.) (Main Document 105 replaced with corrected motion on 4/24/2020) (Hicks, Samantha) |
| Filing 104 MEMORANDUM filed by Defendant DANIEL INTERNATIONAL CORPORATION re #103 MOTION for Summary Judgment filed by DANIEL INTERNATIONAL CORPORATION. (Attachments: #1 Exhibit A - Deborah McDaniel Videotaped Depo, #2 Exhibit B - Kenneth McDaniel Videotaped Depo, #3 Exhibit C - Terry Russell Tilley Videotaped Depo)(CONNER, W.) (Main Document 104 replaced with corrected memorandum on 4/24/2020) (Hicks, Samantha) |
| Filing 103 MOTION for Summary Judgment by DANIEL INTERNATIONAL CORPORATION. Response to Motion due by 5/26/2020 (CONNER, W.) (Main Document 103 replaced with corrected motion on 4/24/2020) (Hicks, Samantha) |
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Filing 102
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/15/2020; that the parties' Joint Motion to Dismiss, (Doc. #101 ), is GRANTED and that all of Plaintiffs' claims against Defendant Crane Co. are hereby DISMISSED WITH PREJUDICE. Except as otherwise agreed, the respective parties shall bear their own costs in this action. (Hicks, Samantha)
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| Motion Submitted re: #101 Joint MOTION to Dismiss Crane Co. Only, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 101 Joint MOTION to Dismiss Crane Co. Only by CRANE CO.. Response to Motion due by 5/4/2020 (Attachments: #1 Text of Proposed Order)(MATHER, EMILY) |
| Filing 100 NOTICE by ARMSTRONG INTERNATIONAL, INC. OF SERVICE OF RULE 26 EXPERT DESIGNATIONS AND REPORTS (PECK, TIMOTHY) |
| Filing 99 NOTICE by BW/IP, INC. of Service of Defendant BW/IP, Inc.'s Disclosure of Expert Witnesses (O'NEILL, M.) |
| Filing 98 NOTICE of Appearance by attorney KIMBERLY SULLIVAN on behalf of Defendant BW/IP, INC. (SULLIVAN, KIMBERLY) |
| Filing 97 CERTIFICATE of Counsel by ASHLEY KAMPHAUS BRATHWAITE on behalf of COVIL CORPORATION (BRATHWAITE, ASHLEY) |
| Filing 96 NOTICE by CBS CORPORATION of Service of Expert Reports (TECHMAN, JENNIFER) |
| Filing 95 STIPULATION of Dismissal of Goodyear Tire & Rubber Company Without Prejudice by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. (BRALY, BENJAMIN) |
| Filing 94 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant BW/IP, INC.. M. ELIZABETH O'NEILL is substituted as counsel for Defendant. Attorney TERRY M. BROWN, JR terminated. (O'NEILL, M.) |
| Filing 93 NOTICE of Appearance by attorney M. ELIZABETH O'NEILL on behalf of Defendant BW/IP, INC. (O'NEILL, M.) |
| Filing 92 NOTICE by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL of Service of Plaintiffs' Expert Reports (BRALY, BENJAMIN) |
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Filing 91
ORDER OF DISMISSAL signed by JUDGE WILLIAM L. OSTEEN, JR on 01/31/2020; that the parties' Joint Motion to Dismiss, (Doc. #89 ), is GRANTED and that all of Plaintiffs' claims against Defendant John Crane, Inc., are hereby DISMISSED WITHOUT PREJUDICE. Except as otherwise agreed, the respective parties shall bear their own costs in this action. (Hicks, Samantha)
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| Filing 90 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant THE GOODYEAR TIRE & RUBBER COMPANY. ALEXANDER J. BUCKLEY is substituted as counsel for Defendant. (BUCKLEY, ALEXANDER) |
| Filing 89 Joint MOTION to Dismiss by JOHN CRANE, INC. (Attachments: #1 Text of Proposed Order)(WILLIAMSON, STEPHEN) |
| Filing 88 NOTICE of Appearance by attorney MASON E. FREEMAN on behalf of Defendant THE GOODYEAR TIRE & RUBBER COMPANY (FREEMAN, MASON) |
| Filing 87 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant THE GOODYEAR TIRE & RUBBER COMPANY. ALEXANDER J. BUCKLEY is substituted as counsel for Defendant. Attorney KELLY BROOKS JONES terminated. (BUCKLEY, ALEXANDER) |
| Filing 86 NOTICE of Appearance by attorney ALEXANDER J. BUCKLEY on behalf of Defendant THE GOODYEAR TIRE & RUBBER COMPANY (BUCKLEY, ALEXANDER) |
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Filing 85
ORDER granting signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/29/2019. Covil's Motion for an Extension of Time To Respond to Plaintiffs' Discovery Requests (Doc. #83 ) is GRANTED, and Covil may serve its responses to Plaintiffs' Requests for Production Propounded to Defendant Covil Corporation and Plaintiffs' Interrogatories Propounded to Defendant Covil Corporation on or before November 8, 2019. (Daniel, J)
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| Filing 84 STIPULATION of Dismissal of Metropolitan Life Insurance Company by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. (BRALY, BENJAMIN) |
| Motion Referred re: #83 MOTION for Extension of Time to Respond to Plaintiffs' Discovery Requests, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) |
| Filing 83 First MOTION for Extension of Time to Respond to Plaintiffs' Discovery Requests by COVIL CORPORATION. (Attachments: #1 Text of Proposed Order)(SCOGGAN, STEVEN) |
| Filing 82 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant COVIL CORPORATION. STEVEN A. SCOGGAN is substituted as counsel for Defendant. Attorney JOSEPH D. HAMMOND terminated. (SCOGGAN, STEVEN) |
| Filing 81 NOTICE of Hearing: Master Trial Calendar: OCTOBER 5, 2020. Jury Trial set for 10/5/2020 09:30 AM in Unassigned Courtroom before UNASSIGNED. Unless the court orders otherwise, pretrial disclosures must be made no later than September 4, 2020. Motions in limine must be filed no later than September 11, 2020. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than September 18, 2020. Each party shall file a trial brief, along with proposed instructions on the issues no later than September 14, 2020.(Winchester, Robin) |
| Filing 80 NOTICE of Appearance by attorney JONATHAN H. DUNLAP on behalf of Defendant JOHN CRANE, INC. (DUNLAP, JONATHAN) |
| Filing 79 INITIAL DISCLOSURES by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL.(BRALY, BENJAMIN) |
| Filing 78 NOTICE of Appearance by attorney TERRY M. BROWN, JR on behalf of Defendant BW/IP, INC. (BROWN, TERRY) |
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Filing 76
ORDER Appointing LYNN G. GULLICK as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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| Filing 75 NOTICE by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL Designation of Mediator (BRALY, BENJAMIN) |
| MEDIATION SCHEDULING ORDER; Selection of Mediator due by 8/14/2019. Mediation due by 4/30/2020.(Kemp, Donita) |
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Filing 74
ORDER granting #70 RULE 26F (JOINT) that the parties' Joint Rule 26(f) Report [Doc. #70 ] is approved as submitted and as modified herein. Plaintiff's Amended Pleadings and Joinder of Parties due by 8/30/2019. Defendant's Amended Pleadings and Joinder of Parties due by 9/27/2019. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/24/2019.(Butler, Carol)
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| Filing 73 NOTICE of Appearance by attorney BRADLEY A. HAYS on behalf of Defendant JOHN CRANE, INC. (HAYS, BRADLEY) |
| Filing 72 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant THE GOODYEAR TIRE & RUBBER COMPANY (JONES, KELLY) |
| Filing 71 ANSWER to #1 Complaint with Jury Demand by THE GOODYEAR TIRE & RUBBER COMPANY. (JONES, KELLY) |
| Motions Referred: RE: #70 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 70 Rule 26(f) Report (Joint) filed by all parties by DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL. (Attachments: #1 Text of Proposed Order Proposed Order)(BRALY, BENJAMIN) |
| Filing 69 NOTICE of Appearance by attorney KELLY BROOKS JONES on behalf of Defendant THE GOODYEAR TIRE & RUBBER COMPANY (JONES, KELLY) |
| Filing 68 NOTICE of Appearance by attorney SCOTT E. FRICK on behalf of Defendant DANIEL INTERNATIONAL CORPORATION (FRICK, SCOTT) |
| Filing 67 NOTICE of Appearance by attorney W. DAVID CONNER on behalf of Defendant DANIEL INTERNATIONAL CORPORATION (CONNER, W.) |
| Filing 66 NOTICE of Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendant DANIEL INTERNATIONAL CORPORATION (MCDONALD, MOFFATT) |
| Filing 65 Corporate Disclosure Statement by DANIEL INTERNATIONAL CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 64 ANSWER to #1 Complaint with Jury Demand by DANIEL INTERNATIONAL CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 63 Corporate Disclosure Statement by CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 62 NOTICE of Appearance by attorney SCOTT E. FRICK on behalf of Defendant THE GORMAN-RUPP COMPANY (FRICK, SCOTT) |
| Filing 61 NOTICE of Appearance by attorney W. DAVID CONNER on behalf of Defendant THE GORMAN-RUPP COMPANY (CONNER, W.) |
| Filing 60 NOTICE of Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendant THE GORMAN-RUPP COMPANY (MCDONALD, MOFFATT) |
| Filing 59 NOTICE of Appearance by attorney SCOTT E. FRICK on behalf of Defendants FLUOR CONSTRUCTORS INTERNATIONAL, FLUOR CONSTRUCTORS INTERNATIONAL, INC., FLUOR DANIEL SERVICES CORPORATION, FLUOR ENTERPRISES, INC. (FRICK, SCOTT) |
| Filing 58 NOTICE of Appearance by attorney W. DAVID CONNER on behalf of Defendants FLUOR CONSTRUCTORS INTERNATIONAL, FLUOR CONSTRUCTORS INTERNATIONAL, INC., FLUOR DANIEL SERVICES CORPORATION, FLUOR ENTERPRISES, INC. (CONNER, W.) |
| Filing 57 NOTICE of Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendants FLUOR CONSTRUCTORS INTERNATIONAL, FLUOR CONSTRUCTORS INTERNATIONAL, INC., FLUOR DANIEL SERVICES CORPORATION, FLUOR ENTERPRISES, INC. (MCDONALD, MOFFATT) |
| Filing 56 NOTICE of Appearance by attorney STEPHANIE G. FLYNN on behalf of Defendant ARMSTRONG INTERNATIONAL, INC. (FLYNN, STEPHANIE) |
| Filing 55 Corporate Disclosure Statement by VIKING PUMP, INC.. (DRAYTON, AMY) |
| Filing 54 ANSWER to #1 Complaint with Jury Demand by VIKING PUMP, INC.. (DRAYTON, AMY) |
| Filing 53 NOTICE of Appearance by attorney JOSEPH D. HAMMOND on behalf of Defendant COVIL CORPORATION (HAMMOND, JOSEPH) |
| Filing 52 NOTICE of Appearance by attorney CURTIS J. SHIPLEY on behalf of Defendant COVIL CORPORATION (SHIPLEY, CURTIS) |
| Filing 51 NOTICE of Appearance by attorney LESLIE C. PACKER on behalf of Defendant COVIL CORPORATION (PACKER, LESLIE) |
| Filing 50 NOTICE of Appearance by attorney ASHLEY KAMPHAUS BRATHWAITE on behalf of Defendant COVIL CORPORATION (BRATHWAITE, ASHLEY) |
| Filing 49 Corporate Disclosure Statement by COVIL CORPORATION. (BRATHWAITE, ASHLEY) |
| Filing 48 ANSWER to #1 Complaint with Jury Demand by COVIL CORPORATION. (BRATHWAITE, ASHLEY) |
| Filing 47 Corporate Disclosure Statement by JOHN CRANE, INC.. (WILLIAMSON, STEPHEN) |
| Filing 46 Corporate Disclosure Statement by ARMSTRONG INTERNATIONAL, INC.. (PECK, TIMOTHY) |
| Filing 45 ANSWER to #1 Complaint with Jury Demand by ARMSTRONG INTERNATIONAL, INC.. (PECK, TIMOTHY) |
| Filing 44 ANSWER to #1 Complaint with Jury Demand by THE WILLIAM POWELL COMPANY. (OAKLEY, DAVID) |
| Filing 43 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant THE WILLIAM POWELL COMPANY (OAKLEY, DAVID) |
| Filing 42 NOTICE of Appearance by attorney DAVID B. OAKLEY on behalf of Defendant THE WILLIAM POWELL COMPANY (OAKLEY, DAVID) |
| Filing 41 ANSWER to #1 Complaint by JOHN CRANE, INC.. (WILLIAMSON, STEPHEN) |
| Filing 40 ANSWER to #1 Complaint with Jury Demand by BW/IP, INC.. (RAUSCHER, CLAIRE) |
| Filing 39 Corporate Disclosure Statement by BW/IP, INC.. (RAUSCHER, CLAIRE) |
| Filing 38 NOTICE of Appearance by attorney CLAIRE J. RAUSCHER on behalf of Defendant BW/IP, INC. (RAUSCHER, CLAIRE) |
| Filing 37 Corporate Disclosure Statement by FLUOR CONSTRUCTORS INTERNATIONAL, FLUOR CONSTRUCTORS INTERNATIONAL, INC.. (MAJOR, CHRISTOPHER) |
| Filing 36 ANSWER to #1 Complaint with Jury Demand by FLUOR CONSTRUCTORS INTERNATIONAL, FLUOR CONSTRUCTORS INTERNATIONAL, INC.. (MAJOR, CHRISTOPHER) |
| Filing 35 NOTICE of Appearance by attorney AMY C. DRAYTON on behalf of Defendant VIKING PUMP, INC. (DRAYTON, AMY) |
| Filing 34 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant ITT CORPORATION (STARR, WILLIAM) |
| Filing 33 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant GRINNELL LLC (STARR, WILLIAM) |
| Filing 32 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant GOULDS PUMPS, INCORPORATED (STARR, WILLIAM) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ITT CORPORATION by ITT CORPORATION.(TOMLIN, TRACY) |
| Filing 30 ANSWER to #1 Complaint by ITT CORPORATION. (TOMLIN, TRACY) |
| Filing 29 NOTICE of Appearance by attorney TRACY E. TOMLIN on behalf of Defendant ITT CORPORATION (TOMLIN, TRACY) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant GRINNELL LLC by GRINNELL LLC.(TOMLIN, TRACY) |
| Filing 27 ANSWER to #1 Complaint by GRINNELL LLC. (TOMLIN, TRACY) |
| Filing 26 NOTICE of Appearance by attorney TRACY E. TOMLIN on behalf of Defendant GRINNELL LLC (TOMLIN, TRACY) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant GOULDS PUMPS, INCORPORATED by GOULDS PUMPS, INCORPORATED.(TOMLIN, TRACY) |
| Filing 24 ANSWER to #1 Complaint by GOULDS PUMPS, INCORPORATED. (TOMLIN, TRACY) |
| Filing 23 NOTICE of Appearance by attorney TRACY E. TOMLIN on behalf of Defendant GOULDS PUMPS, INCORPORATED (TOMLIN, TRACY) |
| Filing 22 ANSWER to #1 Complaint by CRANE CO.. (MATHER, EMILY) |
| Filing 21 Corporate Disclosure Statement by CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 20 ANSWER to #1 Complaint with Jury Demand by CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 19 NOTICE of Appearance by attorney MARLA T. RESCHLY on behalf of Defendant CRANE CO. (RESCHLY, MARLA) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant CRANE CO. (MATHER, EMILY) |
| Filing 17 NOTICE of Appearance by attorney EMILY K. MATHER on behalf of Defendant CRANE CO. (MATHER, EMILY) |
| Filing 16 Corporate Disclosure Statement by THE GORMAN-RUPP COMPANY. (MAJOR, CHRISTOPHER) |
| Filing 15 Corporate Disclosure Statement by FLUOR ENTERPRISES, INC.. (MAJOR, CHRISTOPHER) |
| Filing 14 Corporate Disclosure Statement by FLUOR DANIEL SERVICES CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 13 ANSWER to #1 Complaint with Jury Demand by THE GORMAN-RUPP COMPANY. (MAJOR, CHRISTOPHER) |
| Filing 12 ANSWER to #1 Complaint with Jury Demand by FLUOR ENTERPRISES, INC.. (MAJOR, CHRISTOPHER) |
| Filing 11 ANSWER to #1 Complaint with Jury Demand by FLUOR DANIEL SERVICES CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 10 Corporate Disclosure Statement by METROPOLITAN LIFE INSURANCE COMPANY. (COLTRAIN, KEITH) |
| Filing 9 ANSWER to #1 Complaint with Jury Demand and to Cross-Claims of any and all other Defendants and Third-Party Defendants by METROPOLITAN LIFE INSURANCE COMPANY. (COLTRAIN, KEITH) |
| Filing 8 NOTICE of Appearance by attorney KEITH E. COLTRAIN on behalf of Defendant METROPOLITAN LIFE INSURANCE COMPANY (COLTRAIN, KEITH) |
| Filing 7 Summons Issued as to BW/IP, INC. (Coyne, Michelle) |
| Filing 6 NOTICE of Appearance by attorney BENJAMIN D. BRALY on behalf of Plaintiffs DEBORAH J. MCDANIEL, KENNETH R. MCDANIEL (BRALY, BENJAMIN) |
| Filing 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) |
| Filing 4 Summons Issued as to All Defendants. (Coyne, Michelle) |
| Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) |
| Case assigned to JUDGE WILLIAM L. OSTEEN, JR and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. (Coyne, Michelle) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2541863.), filed by Deborah J. McDaniel, Kenneth R. McDaniel.(GRAHAM, WILLIAM) |
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