PARKER et al v. BENJAMIN MOORE & CO. et al
| EULIS PARKER and PHYLLIS PARKER |
| PACCAR, INC., METROPOLITAN LIFE INSURANCE COMPANY, CNH INDUSTRIAL AMERICA LLC, R.T. VANDERBILT HOLDING COMPANY, INC., CYPRUS AMAX MINERALS COMPANY, BENJAMIN MOORE & CO., NAVISTAR, INC., PFIZER INC., FORD MOTOR COMPANY, VANDERBILT MINERALS, LLC, UNION CARBIDE CORPORATION, PACCAR, INC. doing business as PETERBILT TRUCK COMPANY and CNH AMERICA LLC (SUED AS SUCCESSOR-IN-INTEREST TO INTERNATIONAL HARVESTER COMPANY) |
| 1:2020cv00096 |
| January 29, 2020 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
Docket Report
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| Filing 67 STIPULATION of Dismissal of Metropolitan Life Insurance Company with prejudice by EULIS PARKER. (Attachments: #1 Text of Proposed Order)(WATHEN, FRANK) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/21/21. In light of the parties representation that this matter has settled as to the remaining defendant Metropolitan Life, counsel has 45 days to file a stipulation of dismissal.(Winchester, Robin)
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| Case Reported Settled by Attorney Frank J. Wathen 9/14/2021 via email as to the only remaining defendant Metropolitan Life Insurance Company. (Winchester, Robin) |
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/12/2021. The Court is contemplating moving up all deadlines associated with the January 3, 2022 trial by three weeks or so. Counsel shall confer and no later than September 20, 2021, shall jointly advise the Court via email to the case manager of any concerns or suggestions as to scheduling of pretrial filings. (Winchester, Robin)
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| Filing 66 NOTICE of Hearing: Master Trial Calendar: JANUARY 3, 2022 Jury Trial set for 1/3/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. A settlement conference in the above-referenced case will be set for a date at approximately 30 days before the commencement of the Master Calendar term. Counsel are directed to bring their clients and a representative from the corporations to the settlementconference. The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3) regarding final pretrial disclosure, including the time requirements set out therein. Unless the court ordersotherwise, pretrial disclosures must be made no later than December 3, 2021. Motions in limine must be filed no later than December 10, 2021. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than December 17, 2021.Each party shall file a trial brief, along with proposed instructions on the issues no later than December 13, 2021. Counsel shall consult and endeavor to file one (1) set of agreed upon jury instructions to the extent practicable and may file competing jury instructions wherethere is disagreement. An electronic Word version of the jury instructions shall be emailed to theassigned district judges ECF mailbox.(Winchester, Robin) |
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Filing 65
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/31/2021; that the motion, Doc. #64 , is GRANTED and the claims of Plaintiffs, Eulis Parker and Phyllis Parker, against Defendant Navistar, Inc., are DISMISSED WITHOUT PREJUDICE. Each party is to bear its own costs. (Hicks, Samantha)
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| *** Attorney GERALD ANDERSON STEIN, II terminated. (Butler, Carol) |
| Motions Submitted: #64 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Filing 64 Joint MOTION to Dismiss by NAVISTAR, INC.. Response to Motion due by 9/20/2021 (Attachments: #1 Text of Proposed Order)(TOMLIN, TRACY) |
| Filing 63 STIPULATION of Dismissal of Party Pfizer Inc. by EULIS PARKER. (WATHEN, FRANK) |
| Filing 62 STIPULATION of Dismissal of Vanderbilt Minerals LLC and RT Vanderbilt Holding Company, Inc. by R.T. VANDERBILT HOLDING COMPANY, INC., VANDERBILT MINERALS, LLC. (STEIN, GERALD) |
| Filing 61 STIPULATION of Dismissal of Defendant PACCAR, Inc. by PACCAR, INC.. (DRAYTON, AMY) |
| Filing 60 STIPULATION of Dismissal by UNION CARBIDE CORPORATION. (MCDONALD, MOFFATT) |
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Filing 59
ORDER signed by JUDGE CATHERINE C. EAGLES on 05/18/2021, that all of Plaintiff's claims against Defendant Ford Motor Company in this matter are hereby DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs. (Garland, Leah)
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| Filing 58 Joint MOTION to Dismiss by FORD MOTOR COMPANY. Response to Motion due by 6/8/2021 (Attachments: #1 Text of Proposed Order)(KIGER, CHRISTOPHER) |
| Motions Submitted: #58 Joint MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
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Filing 57
ORDER signed by JUDGE CATHERINE C. EAGLES on 04/15/2021, that the motion, Doc. #56 , is GRANTED and the action of Plaintiff, PHYLLIS PARKER, against Defendant, CNH INDUSTRIAL AMERICA LLC, is DISMISSED without prejudice, with each party to bear its own costs. (Garland, Leah)
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| Motions Submitted: #56 Joint MOTION to Dismiss only CNH Industrial America LLC without prejudice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 56 Joint MOTION to Dismiss only CNH Industrial America LLC without prejudice by CNH INDUSTRIAL AMERICA LLC. Response to Motion due by 5/3/2021 (Attachments: #1 Text of Proposed Order)(PECK, TIMOTHY) |
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Filing 55
ORDER signed by JUDGE CATHERINE C. EAGLES on 04/05/2021, that the motion, Doc. #53 , is GRANTED, the plaintiff shall file the proposed amended Complaint separately on the docket within five days, and service of the amended complaint via CM-ECF shall constitute service on the remaining defendants. The scheduling order remains in place with no changes. (Garland, Leah)
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| Motions Submitted: #53 MOTION for Leave to Amend Complaint for Wrongful Death to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 54 MEMORANDUM in Support of Plaintiff's Motion for Leave to Amend re: #53 Motion for Leave, filed by EULIS PARKER, PHYLLIS PARKER. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(WATHEN, FRANK) Modified on 4/5/2021 to properly list out pleading title and to remove unnecessary response deadline. (Garland, Leah) |
| Filing 53 MOTION for Leave to Amend Complaint for Wrongful Death by EULIS PARKER, PHYLLIS PARKER. (WATHEN, FRANK) |
| Filing 52 STIPULATION of Dismissal by BENJAMIN MOORE & CO.. (MCDONALD, MOFFATT) |
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Filing 51
ORDER that the Clerk of Court terminate this action administratively in his records as to the individual defendant Cyprus Mines Corporation; and that any party shall have the right to reopen this case for any purpose on motion and notice to all other parties, without prejudice to the rights of any of the parties, at any time prior to the 90th day after the final termination of the bankruptcy proceedings. The case shall proceed as to all other parties and is not terminated. Signed by JUDGE CATHERINE C. EAGLES on 02/16/2021. re #50 Suggestion of Bankruptcy filed by CYPRUS AMAX MINERALS COMPANY. (Taylor, Abby)
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| CASE REFERRED RE: #50 , to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
| Filing 50 SUGGESTION OF BANKRUPTCY Upon the Record as to Cyprus Mines Corporation and Cyprus Amax Minerals Company, and Notice of Automatic Stay by CYPRUS AMAX MINERALS COMPANY. (PECK, TIMOTHY) |
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Filing 49
ORDER Appointing THOMAS M. CLARE, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
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| Filing 48 NOTICE by PHYLLIS PARKER Designation of Mediator (WATHEN, FRANK) |
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Filing 47
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 8/17/2020 approving #46 RULE 26F (JOINT) without modification. Discovery shall be established as Exceptional. Mediation should be conducted at any time prior to the deadline for all discovery the exact date to be set by the mediator after such rulings and consultation with the parties. The parties do not consent to a Magistrate Judge conducting all proceedings. Trial of the action is expected to take approximately 10-15 days. A jury trial has been demanded. Plaintiff's Amended Pleadings due by 12/31/2020. Defendant's Amended Pleadings due by 12/31/2020. Discovery due by 7/31/2021. Joinder of Parties for Plaintiff due by 12/31/2020. Joinder of Parties for Defendant due by 12/31/2020. (Garland, Leah)
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| Motions Referred: RE: #46 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| MEDIATION SCHEDULING ORDER; Selection of Mediator due by 9/8/2020. Mediation due by 7/31/2021. (Kemp, Donita) |
| Filing 46 JOINT RULE 26(f) REPORT filed by all parties. Est. Trial Days: 10-15 by PHYLLIS PARKER.(WATHEN, FRANK) Modified on 8/17/2020 to correct event used (Garrett, Kim). |
| Filing 45 NOTICE of Special Appearance by attorney FRANK J. WATHEN on behalf of Plaintiffs EULIS PARKER, PHYLLIS PARKER ( Filing fee $ 25 receipt number 0418-2856030.) (WATHEN, FRANK) |
| Filing 44 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/19/2020 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Filing 43 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant PACCAR, INC. (DRAYTON, AMY) |
| Filing 42 ANSWER to #1 Complaint with Jury Demand by PACCAR, INC.. (DRAYTON, AMY) |
| Filing 41 NOTICE of Appearance by attorney AMY C. DRAYTON on behalf of Defendant PACCAR, INC. (DRAYTON, AMY) |
| Filing 40 Summons Reissued as to PACCAR, INC. (Sheets, Jamie) |
| Filing 39 Corporate Disclosure Statement by R.T. VANDERBILT HOLDING COMPANY, INC.. (STEIN, GERALD) |
| Filing 38 ANSWER to #1 Complaint with Jury Demand by R.T. VANDERBILT HOLDING COMPANY, INC.. (STEIN, GERALD) |
| Filing 37 Corporate Disclosure Statement by BENJAMIN MOORE & CO.. (MAJOR, CHRISTOPHER) |
| Filing 36 NOTICE of Appearance by attorney SCOTT E. FRICK on behalf of Defendant BENJAMIN MOORE & CO. (FRICK, SCOTT) |
| Filing 35 NOTICE of Appearance by attorney W. DAVID CONNER on behalf of Defendant BENJAMIN MOORE & CO. (CONNER, W.) |
| Filing 34 NOTICE of Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendant BENJAMIN MOORE & CO. (MCDONALD, MOFFATT) |
| Filing 33 ANSWER to #1 Complaint with Jury Demand by BENJAMIN MOORE & CO.. (MAJOR, CHRISTOPHER) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant NAVISTAR, INC. by NAVISTAR, INC..(TOMLIN, TRACY) |
| Filing 31 ANSWER to #1 Complaint by NAVISTAR, INC.. (TOMLIN, TRACY) |
| Filing 30 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant PFIZER INC. (STARR, WILLIAM) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant PFIZER INC. by PFIZER INC..(TOMLIN, TRACY) |
| Filing 28 ANSWER to #1 Complaint by PFIZER INC.. (TOMLIN, TRACY) |
| Filing 27 NOTICE of Appearance by attorney TRACY E. TOMLIN on behalf of Defendant PFIZER INC. (TOMLIN, TRACY) |
| Filing 26 Corporate Disclosure Statement by CNH INDUSTRIAL AMERICA LLC. (PECK, TIMOTHY) |
| Filing 25 ANSWER to #1 Complaint with Jury Demand by CNH INDUSTRIAL AMERICA LLC. (PECK, TIMOTHY) |
| Filing 24 NOTICE of Appearance by attorney SCOTT E. FRICK on behalf of Defendant UNION CARBIDE CORPORATION (FRICK, SCOTT) |
| Filing 23 NOTICE of Appearance by attorney W. DAVID CONNER on behalf of Defendant UNION CARBIDE CORPORATION (CONNER, W.) |
| Filing 22 NOTICE of Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendant UNION CARBIDE CORPORATION (MCDONALD, MOFFATT) |
| Filing 21 Corporate Disclosure Statement by UNION CARBIDE CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 20 ANSWER to #1 Complaint with Jury Demand by UNION CARBIDE CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 19 NOTICE of Appearance by attorney ADDIE K.S. RIES on behalf of Defendant FORD MOTOR COMPANY (RIES, ADDIE) |
| Filing 18 NOTICE of Appearance by attorney KIRK GIBSON WARNER on behalf of Defendant FORD MOTOR COMPANY (WARNER, KIRK) |
| Filing 17 Corporate Disclosure Statement by FORD MOTOR COMPANY. (Attachments: #1 Exhibit A - List of Companies)(KIGER, CHRISTOPHER) |
| Filing 16 NOTICE of Appearance by attorney CHRISTOPHER R. KIGER on behalf of Defendant FORD MOTOR COMPANY (KIGER, CHRISTOPHER) |
| Filing 15 ANSWER to #1 Complaint with Jury Demand by FORD MOTOR COMPANY. (KIGER, CHRISTOPHER) |
| Filing 14 Corporate Disclosure Statement by CYPRUS AMAX MINERALS COMPANY. (PECK, TIMOTHY) |
| Filing 13 ANSWER to #1 Complaint with Jury Demand by CYPRUS AMAX MINERALS COMPANY. (PECK, TIMOTHY) |
| Filing 12 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant NAVISTAR, INC. (STARR, WILLIAM) |
| Filing 11 NOTICE of Appearance by attorney TRACY E. TOMLIN on behalf of Defendant NAVISTAR, INC. (TOMLIN, TRACY) |
| Filing 10 Corporate Disclosure Statement by VANDERBILT MINERALS, LLC. (STEIN, GERALD) |
| Filing 9 ANSWER to #1 Complaint with Jury Demand by VANDERBILT MINERALS, LLC. (STEIN, GERALD) |
| Filing 8 Corporate Disclosure Statement by METROPOLITAN LIFE INSURANCE COMPANY. (COLTRAIN, KEITH) |
| Filing 7 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 6 NOTICE of Appearance by attorney KEITH E. COLTRAIN on behalf of Defendant METROPOLITAN LIFE INSURANCE COMPANY (COLTRAIN, KEITH) |
| Filing 5 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 3 Summons Issued as to All Defendants. (Sheets, Jamie) |
| Filing 2 NOTICE of Appearance by attorney AUDREY M. SNYDER on behalf of Plaintiffs EULIS PARKER, PHYLLIS PARKER (SNYDER, AUDREY) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0418-2740745), filed by EULIS PARKER, PHYLLIS PARKER. (BLACK, JANET WARD) Modified on 1/30/2020 to add payment information (Sheets, Jamie) |
| 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. (Sheets, Jamie) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
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