VAUGHAN et al v. AT&T CORPORATION et al
| EDDIE VAUGHAN, SR. and CANDACE VAUGHAN |
| ROCKWELL AUTOMATION, INC., METROPOLITAN LIFE INSURANCE COMPANY, AT&T CORP., SCHNEIDER ELECTRIC USA, INC., JOHNSON CONSUMER, INC., EXTECO, INC., GENERAL ELECTRIC COMPANY, GOULD ELECTRONICS, INC., UNION CARBIDE CORPORATION, JOHNSON & JOHNSON, EATON CORPORATION, NOKIA OF AMERICA CORPORATION, THERMO-ELECTRIC CO., INC., OCCIDENTAL CHEMICAL CORPORATION, ZINSCO ELECTRICAL PRODUCTS, SIEMENS CORPORATION, PFIZER, INC., SQUARE D COMPANY, JOHNSON & JOHNSON COMPANIES, INC., THERMO ELECTRIC WIRE & CABLE CO., HOOKERS CHEMICAL CO. (successor to Durez Corporation), AT&T CORPORATION, ROCKWELL INTERNATIONAL CORP., HOOKERS CHEMICAL CO., CBS CORPORATION, VIACOM, INC., JOHNSON & JOHNSON HOLDCO (NA), INC., JANSSEN PHARMACEUTICALS, INC., JOHNSON & JOHNSON CONSUMER INC., KENVUE, INC. and LTL MANAGEMENT, LLC |
| ABB, Inc. and ABB INC |
| 1:2021cv00340 |
| April 30, 2021 |
| US District Court for the Middle District of North Carolina |
| THOMAS D SCHROEDER |
| JOE L WEBSTER |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity |
| Both |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Motions Submitted: #223 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #226 Joint MOTION to Dismiss to JUDGE THOMAS D. SCHROEDER. (km) |
| Filing 229 RESPONSE filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #223 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHNSON CONSUMER, INC. filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 12/5/2023 (ZACHAROPOULOS, DEMETRIOS) |
| Filing 228 BRIEF re #227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (HENNINGER, URSULA) |
| Filing 227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JANSSEN PHARMACEUTICALS, INC., JOHNSON & JOHNSON HOLDCO (NA), INC.. Response to Motion due by 12/7/2023 (HENNINGER, URSULA) |
| Filing 226 Joint MOTION to Dismiss by UNION CARBIDE CORPORATION. Response to Motion due by 11/28/2023 (Attachments: #1 Text of Proposed Order)(CONNER, W.) |
| Filing 225 Corporate Disclosure Statement identifying Corporate Parent JOHNSON & JOHNSON, Other Affiliate JOHNSON & JOHNSON HOLDCO (NA), INC. for LTL MANAGEMENT, LLC.. (HENNINGER, URSULA) |
| Filing 224 BRIEF re #223 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (HENNINGER, URSULA) |
| Filing 223 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOHNSON CONSUMER, INC.. Response to Motion due by 11/21/2023 (HENNINGER, URSULA) |
| Filing 222 ANSWER to Amended Complaint by JOHNSON & JOHNSON, LTL MANAGEMENT, LLC. (HENNINGER, URSULA) |
| Filing 221 Summons issued as to (Attachments: #1 Summons issued to JOHNSON & JOHNSON HOLDCO (NA) INC., #2 Summons issued to KENVUE, INC., #3 Summons issued to LTL MANAGEMENT, LLC) (Lee, Ashley) Modified on 10/19/2023 to correct event. (Hicks, Samantha) |
| Filing 220 Third AMENDED COMPLAINT against defendant JOHNSON & JOHNSON, JOHNSON CONSUMER, INC., filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR.(ZACHAROPOULOS, DEMETRIOS) |
Filing 219
ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/17/2023; that Plaintiff's Motion for Leave to File Third Amended Complaint is hereby GRANTED. Plaintiff shall file and serve the Third Amended Complaint forthwith. (Hicks, Samantha)
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| Motion Submitted: #217 MOTION for Leave to File Third Amended Complaint to JUDGE THOMAS D. SCHROEDER. (Marsh, Keah) |
| Filing 218 MEMORANDUM filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #217 MOTION for Leave to File Third Amended Complaint filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 217 MOTION for Leave to File Third Amended Complaint by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 9/29/2023 (Attachments: #1 Exhibit A - Civil Action Third Amended Complaint, #2 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Motion No Longer Submitted to JUDGE THOMAS D. SCHROEDER - #193 MOTION for Summary Judgment. See #216 Withdrawal of motion. (Marsh, Keah) |
| Filing 216 WITHDRAWAL of Motion by Defendant GENERAL ELECTRIC COMPANY re #193 MOTION for Summary Judgment filed by GENERAL ELECTRIC COMPANY (TECHMAN, JENNIFER) |
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Filing 215
ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/21/2023; that the Joint Motion to Dismiss Eaton Corporation with Prejudice is GRANTED, and the claims of Plaintiff, Candace Vaughan, Individually and as Administrator of the Estate of Eddie Vaughan, Deceased, against defendant Eaton Corporation are hereby DISMISSED WITH PREJUDICE, each party to bear her or its own costs. (Hicks, Samantha)
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| Filing 214 Joint MOTION to Dismiss Eaton Corporation with prejudice by EATON CORPORATION. (Attachments: #1 Text of Proposed Order)(SISTRUNK, AUSTIN) |
| Motion Submitted to JUDGE THOMAS D. SCHROEDER: #214 Joint MOTION to Dismiss Eaton Corporation with prejudice. (Engle, Anita) |
| Motions Submitted to JUDGE THOMAS D. SCHROEDER: #195 MOTION for Summary Judgment, #193 MOTION for Summary Judgment, #200 MOTION to Exclude Opinions of Kenneth Garza, #198 MOTION to Exclude Opinions of Arthur Brody, #202 MOTION to Exclude Opinions of Richard Kradin. (Engle, Anita) |
| Filing 213 REPLY, filed by Defendant CBS CORPORATION, to Response to #195 MOTION for Summary Judgment filed by CBS CORPORATION. (Attachments: #1 Exhibit Report of Dennis Ertel, #2 Exhibit 8-18-22 Correspondence, #3 Exhibit Deposition of Dennis Ertel, #4 Exhibit Reliance List of Richard Kradin, #5 Exhibit Report of Mark Cook)(TECHMAN, JENNIFER) |
| Filing 212 REPLY, filed by Defendant GENERAL ELECTRIC COMPANY, to Response to #193 MOTION for Summary Judgment filed by GENERAL ELECTRIC COMPANY. (Attachments: #1 Exhibit Report of Dennis Ertel, #2 Exhibit 8-18-22 Correspondence, #3 Exhibit Deposition of Dennis Ertel, #4 Exhibit Reliance List of Richard Kradin, #5 Exhibit Report of Mark Cook)(TECHMAN, JENNIFER) |
| Filing 211 REPLY, filed by Defendants CBS CORPORATION, GENERAL ELECTRIC COMPANY, to Response to #200 MOTION to Exclude Opinions of Kenneth Garza, #202 MOTION to Exclude Opinions of Richard Kradin filed by CBS CORPORATION, GENERAL ELECTRIC COMPANY. (TECHMAN, JENNIFER) |
| Filing 210 REPLY, filed by Defendants CBS CORPORATION, GENERAL ELECTRIC COMPANY, to Response to #198 MOTION to Exclude Opinions of Arthur Brody filed by CBS CORPORATION, GENERAL ELECTRIC COMPANY. (TECHMAN, JENNIFER) |
| Filing 209 RESPONSE in Opposition re #203 Brief, #202 MOTION to Exclude Opinions of Richard Kradin filed by CBS CORPORATION, GENERAL ELECTRIC COMPANY filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 8/3/2023 (Attachments: #1 Exhibit Expert report of Dr. Richard Kradin, #2 Exhibit Curriculum Vitae of Dr. Richard Kradin, #3 Exhibit Trial Testimony of Dr. Richard Kradin, #4 Exhibit Deposition Transcript of Dr. Richard Kradin 5.4.23)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 208 RESPONSE in Opposition re #200 MOTION to Exclude Opinions of Kenneth Garza filed by CBS CORPORATION, GENERAL ELECTRIC COMPANY, #201 Brief filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 8/3/2023 (Attachments: #1 Exhibit K. Garza Report and Appendices, #2 Exhibit GE Initial Disclosures, #3 Exhibit WH Rule 26 Disclosures, #4 Exhibit Pete Opinion La 4th circuit app Denying Mtn to Exclude Garza (Aug. 2020), #5 Exhibit Brezonick Order (WISC 3-2-18), #6 Exhibit K. Garza, CIH Depo 4-24-23, #7 Exhibit Plfs Depo 7.12.21 (Disc Vol 1), #8 Exhibit Pllfs Depo 7.13.21 (Disc Vol 2), #9 Exhibit Plfs Depo 7.12.21 (Evid Vol 1), #10 Exhibit Plfs Depo 7.13.21 (Evid Vol 2))(ZACHAROPOULOS, DEMETRIOS) |
| Filing 207 RESPONSE in Opposition re #199 Brief, #198 MOTION to Exclude Opinions of Arthur Brody filed by CBS CORPORATION, GENERAL ELECTRIC COMPANY filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 8/3/2023 (Attachments: #1 Exhibit Plaintiffs Rule 26 Disclosures, #2 Exhibit Expert report of Dr. Arnold Brody, #3 Exhibit Curriculum Vitae of Dr. Arnold Brody, #4 Exhibit Brody Depo - Voelker v Alfa Laval (NY 5-8-15), #5 Exhibit Brody Depo - Bodine v 3M (DC Minn. 11-13-14), #6 Exhibit List of Testimony of Dr. Arnold Brody)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 206 RESPONSE in Opposition re #195 MOTION for Summary Judgment filed by CBS CORPORATION, #196 Brief, filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 8/3/2023 (Attachments: #1 Exhibit Evidence Deposition of Eddie Vaughan, dated July 12, 2021, #2 Exhibit Discovery Deposition of Eddie Vaughan, dated July 12, 2021, #3 Exhibit Discovery Deposition of Eddie Vaughan, dated July 13, 2021, #4 Exhibit Deposition Testimony of Paramount Globals Corporate Representative, Maurice Confer, dated March 28, 2023, #5 Exhibit Material Specifications for Westinghouses Moldarta phenolic compounds, #6 Exhibit Dr. Kradins expert report, #7 Exhibit Testimony of Richard Kradin, dated May 4, 2023, #8 Exhibit Rule 26(a)(1) Disclosures of ViacomCBS Inc. (n/k/a Paramount Global) dated Aug. 22, 2022)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 205 RESPONSE in Opposition re #193 MOTION for Summary Judgment filed by GENERAL ELECTRIC COMPANY, #194 Brief, filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 8/3/2023 (Attachments: #1 Exhibit Evidence Deposition of Eddie Vaughan, dated July 12, 2021, #2 Exhibit Discovery Deposition of Eddie Vaughan, dated July 12, 2021, #3 Exhibit Discovery Deposition of Eddie Vaughan, dated July 13, 2021, #4 Exhibit Deposition Testimony of General Electrics Corporate Representative, Alan Arvidson, dated January 31, 2023, #5 Exhibit General Electric Engineering Change Notice to its TQB, TQL, and TQC circuit breakers, #6 Exhibit Deposition Testimony of General Electrics Corporate Representative Thomas Wilczewski, dated May 5, 2023, #7 Exhibit Dr. Kradins expert report, #8 Exhibit Deposition Testimony of Richard Kradin, dated May 4, 2023, #9 Exhibit General Electric Companys Initial Rule 26 Disclosures dated Sept. 24, 2021)(ZACHAROPOULOS, DEMETRIOS) |
| Reset Reply Deadline re #198 MOTION to Exclude Opinions of Arthur Brody, #200 MOTION to Exclude Opinions of Kenneth Garza, #202 MOTION to Exclude Opinions of Richard Kradin. Response to Motion due by 7/21/2023. (Hicks, Samantha) |
| TEXT ORDER granting #204 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants General Electric Company's and Paramount Global's Daubert Motions filed on June 14, 2023. For good cause shown, the deadline for Plaintiff to file her responses to Defendants' Daubert Motions (Docket Entries 198, 200, 202) shall be extended up to and including Friday, July 21, 2023. Plaintiff shall not anticipate any further extension of said deadline. Issued by MAG/JUDGE JOE L. WEBSTER on 6/27/2023.(Lee, Pedra) |
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Motions Referred: RE: #204 MOTION for Extension of Time to File Response/Reply as to #199 Brief, #200 MOTION to Exclude Opinions of Kenneth Garza, #201 Brief, #198 MOTION to Exclude Opinions of Arthur Brody, #203 Brief, #202 MOTION to Exclude |
| Filing 204 MOTION for Extension of Time to File Response/Reply as to #199 Brief, #200 MOTION to Exclude Opinions of Kenneth Garza, #201 Brief, #198 MOTION to Exclude Opinions of Arthur Brody, #203 Brief, #202 MOTION to Exclude Opinions of Richard Kradin (Unopposed) by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 203 BRIEF re #202 MOTION to Exclude Opinions of Richard Kradin . (Attachments: #1 Exhibit Expert Report, #2 Exhibit Deposition Excerpts)(TECHMAN, JENNIFER) |
| Filing 202 MOTION to Exclude Opinions of Richard Kradin by CBS CORPORATION, GENERAL ELECTRIC COMPANY. Response to Motion due by 7/5/2023 (TECHMAN, JENNIFER) |
| Filing 201 BRIEF re #200 MOTION to Exclude Opinions of Kenneth Garza . (Attachments: #1 Exhibit Expert Report, #2 Exhibit Deposition Excerpts)(TECHMAN, JENNIFER) |
| Filing 200 MOTION to Exclude Opinions of Kenneth Garza by CBS CORPORATION, GENERAL ELECTRIC COMPANY. Response to Motion due by 7/5/2023 (TECHMAN, JENNIFER) |
| Filing 199 BRIEF re #198 MOTION to Exclude Opinions of Arthur Brody . (Attachments: #1 Exhibit Expert Disclosures, #2 Exhibit Expert Report)(TECHMAN, JENNIFER) |
| Filing 198 MOTION to Exclude Opinions of Arthur Brody by CBS CORPORATION, GENERAL ELECTRIC COMPANY. Response to Motion due by 7/5/2023 (TECHMAN, JENNIFER) |
| Filing 197 MOTION for Extension of Time to File Response/Reply as to #194 Brief, #196 Brief, #195 MOTION for Summary Judgment , #193 MOTION for Summary Judgment (Unopposed) by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #197 MOTION for Extension of Time to File Response/Reply as to #194 Brief, #196 Brief, #195 MOTION for Summary Judgment , #193 MOTION for Summary Judgment (Unopposed). (Engle, Anita) |
| TEXT ORDER granting #197 Motion for Extension of Time to File Response. For good cause shown, Plaintiff shall have up to and including July 21, 2023 to file a response to Defendants General Electric Company's and Paramount Global's Motions for Summary Judgment. Issued by MAG/JUDGE JOE L. WEBSTER on 6/14/2023.(Lee, Pedra) |
| Filing 196 BRIEF re #195 MOTION for Summary Judgment . (Attachments: #1 Exhibit Plaintiff Evid. Dep. Excerpts, #2 Exhibit Plaintiff Disc. Dep. I Excerpts, #3 Exhibit Plaintiff Disc. Dep. II Excerpts, #4 Exhibit Panelboard Descriptive Bulletin, #5 Exhibit June 2012 MAS Work Practice Study - Westinghouse Disconnect Box, #6 Exhibit February 2015 MAS Work Practice Study - GE Electrical Panel)(TECHMAN, JENNIFER) |
| Filing 195 MOTION for Summary Judgment by CBS CORPORATION. Response to Motion due by 7/7/2023 (TECHMAN, JENNIFER) |
| Filing 194 BRIEF in Support of Motion for Summary Judgment. (Attachments: #1 Exhibit Plaintiff Evid. Dep. Excerpts, #2 Exhibit Plaintiff Disc. Dep. I Excerpts, #3 Exhibit Plaintiff Disc. Dep. II Excerpts, #4 Exhibit June 2012 MAS Work Practice Study - Westinghouse Disconnect Box, #5 Exhibit February 2015 MAS Work Practice Study - GE Electrical Panel)(TECHMAN, JENNIFER) |
| Filing 193 MOTION for Summary Judgment by GENERAL ELECTRIC COMPANY. Response to Motion due by 7/7/2023 (TECHMAN, JENNIFER) |
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Filing 192
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 06/07/2023, that the motion is GRANTED and the action of Plaintiffs CANDACE VAUGHAN, Individually and as Administrator for the Estate of EDDIE VAUGHAN, Deceased against the Defendant ROCKWELL AUTOMATION, INC. is DISMISSED WITH PREJUDICE, with each party to bear her or its own costs. (Monroe, Brooke)
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| Filing 191 Joint MOTION to Dismiss only Defendant Rockwell Automation, Inc. with prejudice by ROCKWELL AUTOMATION, INC.. Response to Motion due by 6/28/2023 (Attachments: #1 Proposed Order)(PECK, TIMOTHY) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #191 Joint MOTION to Dismiss only Defendant Rockwell Automation, Inc. with prejudice. (Engle, Anita) |
| Filing 190 NOTICE of Special Appearance by attorney LAWRENCE D. WILSON on behalf of Defendant CBS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-3571757.) (WILSON, LAWRENCE) |
| Filing 189 ***FILED IN ERROR***NOTICE of Special Appearance by attorney JENNIFER M. TECHMAN on behalf of Defendant CBS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-3561654.) (TECHMAN, JENNIFER) Modified on 5/12/2023 to mark filed in error - attorney to re-file. (Hicks, Samantha) |
| Filing 188 STIPULATION of Dismissal of Gould Electronics, Inc. by GOULD ELECTRONICS, INC.. (TECHMAN, JENNIFER) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #180 MOTION for Discovery Order Limiting Further Document Review. (Engle, Anita) |
| Filing 187 REPLY, filed by Defendant CBS CORPORATION, to Response to #180 MOTION for Discovery Order Limiting Further Document Review filed by CBS CORPORATION. (Attachments: #1 Exhibit Deposition of Maurice Confer)(TECHMAN, JENNIFER) |
| TEXT ORDER granting #186 Plaintiff's Unopposed Motion for Leave for an Extension of Time to Serve Report from Retained Expert Dr. Richard Kradin. For good cause shown, Plaintiff shall have up to and including April 10, 2023 to serve Dr. Richard Kradin's expert report. Issued by MAG/JUDGE JOE L. WEBSTER on 4/10/2023. (CANUTO, VANESSA) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #186 MOTION for Leave (Unopposed) for An Extension of Time to Serve Report from Retained Expert Witness Dr. Richard Kradin. (Engle, Anita) |
| Filing 186 MOTION for Leave (Unopposed) for An Extension of Time to Serve Report from Retained Expert Witness Dr. Richard Kradin by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Reset Reply Deadline re #180 MOTION for Discovery Order Limiting Further Document Review. Replies due by 4/12/2023. (Hicks, Samantha) |
| Filing 185 RESPONSE filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #180 MOTION for Discovery Order Limiting Further Document Review filed by CBS CORPORATION filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 4/12/2023 (ZACHAROPOULOS, DEMETRIOS) Modified on 4/6/2023 to correct reply deadline. (Hicks, Samantha) |
| Filing 184 WITHDRAWAL of Motion by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 183 NOTICE of Settlement by SCHNEIDER ELECTRIC USA, INC. (DEDMAN, JAMES) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry. (Engle, Anita) |
| Filing 182 REPLY, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR, to Response to #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Exhibit A - Email thread regarding products lists, #2 Exhibit B - Email thread regarding agreement post hearing, #3 Exhibit C - Email regarding products search, #4 Exhibit D - Excerpts from the deposition of William Pratt, #5 Exhibit E - Wilson Land Corp v. Smith Barney, Inc.)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 181 NOTICE of Settlement of only Rockwell Automation, Inc. by ROCKWELL AUTOMATION, INC. (PECK, TIMOTHY) |
| Filing 180 MOTION for Discovery Order Limiting Further Document Review by CBS CORPORATION. Response to Motion due by 4/5/2023 (Attachments: #1 Exhibit Proposed Order)(TECHMAN, JENNIFER) |
| Filing 179 NOTICE by SCHNEIDER ELECTRIC USA, INC. re #178 Response in Opposition to Motion,,, Word Count Certification (DEDMAN, JAMES) |
| Reset Reply Deadline re #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry. Replies due by 3/27/2023. (Hicks, Samantha) |
| Filing 178 RESPONSE in Opposition re #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. filed by SCHNEIDER ELECTRIC USA, INC.. Replies due by 3/27/2023. (Attachments: #1 Exhibit Motions Hearing Transcript - Nov 9, 2022, #2 Exhibit Agreement Emails - List of Square D products, #3 Exhibit Email, #4 Exhibit W. Pratt Transcript, #5 Exhibit SQ D Supplemental Responses to PLF 1st RFP, #6 Exhibit NOD Square D_s CR William Pratt (2.28.23), #7 Exhibit SQ D Objections to PLF NOD, #8 Exhibit Answers to Pltfs_ 1st Set of INTs RFP)(DEDMAN, JAMES) Modified on 3/21/2023 to modify reply deadline. (Hicks, Samantha) |
| Filing 177 STATUS REPORT by CBS CORPORATION. (Attachments: #1 Affidavit of Jennifer Green)(TECHMAN, JENNIFER) |
| Reset Response Deadline re #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry. Response to Motion due by 3/20/2023. (Hicks, Samantha) |
| Filing 176 BRIEF re #175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry . (Attachments: #1 Exhibit 1 - Email Correspondence dated November 18, 2022, #2 Exhibit 2 - Square D supplemental document production, #3 Exhibit 3 - Notice of 30(b)(6) Deposition for Square D's representative, #4 Exhibit 4 - Square D's Responses and Objections to Plaintiff's Notice of 30(b)(6) Deposition, #5 Exhibit 5 - Equal Employment Opportunity Comm'n v. Sheffield Fin. LLC, #6 Exhibit 6 - Wilson Land Corp. v. Smith Barney, Inc., #7 Exhibit 7 - Excerpts from the deposition transcript of William Pratt, dated February 28, 2023)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 175 MOTION to Compel Schneider Electric USA, Inc., f/k/a Square D Company to Tender its Rule 30(B)(6) Witness(es) to Fully Address All of Plaintiff's Requested Areas of Inquiry by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 3/20/2023 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) Modified on 3/7/2023 to correct response deadline due to discovery motion. (Hicks, Samantha) |
| TEXT ORDER granting in part #170 Defendant Paramount Global's Motion for Protective Order. As the Court indicated in its February 22, 2023 Order, the Court interprets Defendant's Motion as requesting additional time to comply with the Court's February 17, 2023 Order. (See Text Order Dated 2/22/2023.) Specifically, Defendant indicates that the responsive documents and information the Court required Defendant to produce in its February 17, 2023 Order, to the extent such documents exist, they are no longer in its possession and control, as Defendant sold its entire Distribution Control Business Unit to Eaton Corporation ("Eaton"), but that Defendant's counsel is coordinating with Eaton's counsel to obtain any such documents in Eaton's possession. (See Docket Entry 170.) However, Defendant indicates that Eaton has not yet advised Defendant as to how long it will take to conduct a search for responsive documents, or the identity and location of responsive documents, if any. (See Docket Entry 172.) Therefore, Defendant cannot reasonably project a date certain by which it will be able to comply with the Court's February 17, 2023 Order, and requests for the Court to grant up to and including March 24, 2023 for Defendants to either produce the documents or confirm that no responsive documents exist; or alternatively, to advise the Court and Plaintiff of a date certain by which Eaton will be able to facilitate the search and production of documents if it is unable to meet the March 24, 2023 deadline. (Id.) Plaintiff does not oppose Defendant's need for additional time to obtain the records if the Court is able to adjust the deadlines affected by the extension. (See Docket Entry 171.) Specifically, Plaintiff contends that to the extent the Court grants Defendant additional time to produce the responsive records, Plaintiff requests for the Court to extend the fact discovery deadline of March 8, 2023, and Plaintiff's expert report deadline of March 29, 2023. (Id.) Additionally, Defendant requests for the Court to hold the deadlines in abeyance until the deadlines can be appropriately modified based upon coordination with Eaton. (Docket Entry 172.) For good cause shown, Defendant shall have up to and including March 17, 2023 to produce the responsive documents and information or confirm that no responsive documents exist, as required in the Court's February 17, 2023 Order. Further, IT IS ORDERED that Plaintiff and Defendant Paramount Global shall complete fact discovery by March 31, 2023, and Plaintiff's expert reports are due by April 7, 2023. The parties should not anticipate any further extension of said deadlines. Issued by MAG/JUDGE JOE L. WEBSTER on 3/6/2023. (CANUTO, VANESSA) |
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Filing 174
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 3/3/2023; that Plaintiff's Renewed Motion to Compel against General Electric Company (Docket Entry #162 ) is GRANTED IN PART AND DENIED IN PART as described above and the parties shall comply as follows: The date for Defendant GE to provide the required affidavit to Plaintiff is March 17, 2023. The date for Plaintiff to submit written deposition questions to Defendant GE's corporate representative is March 31, 2023, and the parties shall comply with Federal Rule of Civil Procedure 31. FURTHER ORDERED that non-party ABB Inc.'s Motion to Quash (Docket Entry #143 ) is DENIED AS MOOT. FURTHER ORDERED that any request for sanctions and/ or award for reasonable expenses is DENIED. FURTHER ORDERED that General Electric Company's request for oral argument (Docket Entry #169 ) is DENIED. (Hicks, Samantha)
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| Filing 173 CERTIFICATE re #172 Reply to Response to Motion Certificate of Word Count by Defendant CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 172 REPLY, filed by Defendant CBS CORPORATION, to Response to #170 MOTION for Protective Order filed by CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 171 RESPONSE filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #170 MOTION for Protective Order filed by CBS CORPORATION filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 2/27/2023 (ZACHAROPOULOS, DEMETRIOS) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #170 MOTION for Protective Order. (Engle, Anita) |
| TEXT ORDER In regards to #170 Defendant Paramount Global's Motion for Protective Order, it is unclear the extent of relief sought in the form of a "protective order" adverse to the production of documents and information required by the Court's February 17, 2023 Order. Nevertheless, having considered other language in the Motion, the Court interprets Defendant's Motion as requesting additional time to comply with the Court's February 17, 2023 Order. However, Defendant's Motion did not include Plaintiff's position, and IT IS THEREFORE ORDERED that Plaintiff shall respond to Defendant's Motion by Friday, February 24, 2023, and any reply shall be filed no later than Monday, February 27, 2023. Lastly, the Court notes that it will not further assess Defendant's arguments pertaining to relevancy regarding the production of documents and information Defendant's have been ordered to produce by the Court, as such arguments have previously been addressed. (See Text Order dated 2/17/23.) Issued by MAG/JUDGE JOE L. WEBSTER on 2/22/2023. (CANUTO, VANESSA) |
| Filing 170 MOTION for Protective Order by CBS CORPORATION. Response to Motion due by 3/7/2023 (Attachments: #1 Exhibit Confer Affidavit, #2 Exhibit DCBU Purchase Agreement)(TECHMAN, JENNIFER) |
| CASE REFERRED to MAGISTRATE JUDGE JOE L. WEBSTER RE: #169 Request by Defendant GENERAL ELECTRIC COMPANY for Oral Argument. (Engle, Anita) |
| TEXT ORDER granting in part, denying in part #160 Plaintiff's Renewed Motion to Compel Discovery Responses and Production of Documents Responsive to Plaintiff's First Set of Interrogatories and Requests for Production of Documents from Defendant CBS Corporation ("CBS"). Several issues have been resolved since the filing of Plaintiff's renewed motion (see Docket Entry 168 at 1-2), thus, the only remaining issue is whether Defendant CBS should produce information concerning the chemical composition of the insulation boards incorporated into CBS' panelboards (id. at 2-5). Discovery rules are to be accorded broad and liberal construction. See Herbert v. Lando, 441 U.S. 153, 177 (1979). Further, district courts generally have broad discretion in managing discovery, including whether to grant or deny a motion to compel. Lone Star Steakhouse & Saloon, Inc. v. Alpha of Virginia, Inc., 43 F.3d 922, 929 (4th Cir. 1995). "[T]he party or person resisting discovery, not the party moving to compel discovery, bears the burden of persuasion." Carter Hughes v. Rsch. Triangle Inst., No. 1:11CV546, 2014 WL 4384078, at *2 (M.D.N.C. Sept. 3, 2014) (unpublished) (citation omitted). Additionally, relevance has been "broadly construed to encompass any possibility that the information sought may be relevant to the claim or defense of any party." Shackleford v. Vivint Solar Dev. LLC, No. ELH-19-954, 2020 WL 3488913, at *5 (D. Md. June 25, 2020) (internal quotation marks and citations omitted). Also, "[a] party who has... responded to an interrogatory, request for production... --must supplement or correct its disclosure or response in a timely manner if the party learns that in some material respect the disclosure or response is incomplete... or as ordered by the court." Fed. R. Civ. P. 26(e)(1). Having reviewed the parties' arguments, the Court finds that the chemical composition of the insulation boards is relevant, given that decedent Eddie Vaughan testified to working with panel boxes that had insulation boards. (See Docket Entry 165-4.) Further, while Defendant CBS contends that its "breaker panels" did not contain an insulation board in the back matching Mr. Vaughan's description (see Docket Entry 165 at 7-9), other documents in the record indicate some of its panelboards had a "backpan insulation" (Docket Entry 134-3). IT IS THEREFORE ORDERED that by February 22, 2023, Defendant CBS shall produce the documents and information relating to the ingredients that made up the "backpan insulation" or insulation boards incorporated into some of its panelboards that were intended for residential use for the years 1961 to 1977 that Mr. Vaughan could have worked on identified on pages numbered Vaughan-34 and Vaughan-255. IT IS FURTHER ORDERED that Defendant CBS's requests for an award of reasonable expenses incurred in opposing Plaintiff's motion is denied. The Court further notes that Plaintiff's request for an order compelling Defendant CBS to adequately prepare and educate each of its Federal Rule of Civil Procedure 30(b)(6) witness(es) was not raised in Plaintiff's original renewed motion, and is therefore denied. Nevertheless the Court cautions Defendant CBS that it should adhere to and comply with Federal Rule of Civil Procedure 30 and prepare its witness(es) accordingly. Issued by MAG/JUDGE JOE L. WEBSTER on 2/17/2023. (CANUTO, VANESSA) |
| Filing 169 REQUEST by Defendant GENERAL ELECTRIC COMPANY for Oral Argument. (TECHMAN, JENNIFER) |
| Motions Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #160 Supplemental MOTION to Compel Discovery from Defendant CBS, #143 MOTION to Quash , #162 Supplemental MOTION to Compel Discovery from Defendant General Electric. (Engle, Anita) |
| Filing 168 REPLY, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR, to Response to #160 Supplemental MOTION to Compel Discovery from Defendant CBS filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 167 REPLY, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR, to Response to #162 Supplemental MOTION to Compel Discovery from Defendant General Electric filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Exhibit 1 - Excerpts from the Motions Hearing Transcript, #2 Exhibit 2 - Declaration of Demetrios T. Zaccharopoulos, Esq.)(ZACHAROPOULOS, DEMETRIOS) |
| Reset Reply Deadline re #160 Supplemental MOTION to Compel Discovery from Defendant CBS : Replies due by 2/15/2023. (Hicks, Samantha) |
| Filing 166 CERTIFICATE re #165 Response in Opposition to Motion,, Certificate of Word Count by Defendant CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 165 RESPONSE in Opposition re #160 Supplemental MOTION to Compel Discovery from Defendant CBS filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR., #161 Brief filed by CBS CORPORATION. Replies due by 2/15/2023 (Attachments: #1 Exhibit Ex A Hearing Transcript Excerpts, #2 Exhibit Ex B Responses to Plaintiff Notice of Deposition, #3 Exhibit Ex C Responses to Discovery, #4 Exhibit Ex D Evidentiary Deposition Excerpts, #5 Exhibit Ex E Panelboard Study, #6 Exhibit Ex F Discovery Deposition Excerpt)(TECHMAN, JENNIFER) Modified on 2/9/2023 to correct reply deadline. (Hicks, Samantha) |
| Filing 164 RESPONSE TO MOTION TO COMPEL Defendant General Electric Company's Response in Opposition to Plaintiff's Renewed Motion to Compel filed by Defendant GENERAL ELECTRIC COMPANY re #162 Supplemental MOTION to Compel Discovery from Defendant General Electric filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. filed by GENERAL ELECTRIC COMPANY. Replies due by 2/15/2023 (Attachments: #1 Exhibit A- E-mail from 1.30.23, #2 Exhibit B-Arvidson Depo Pgs, #3 Exhibit C-Elder Declaration)(ELDER, JOHN) |
| Filing 163 BRIEF re #162 Supplemental MOTION to Compel Discovery from Defendant General Electric . (Attachments: #1 Exhibit 1 - Email Correspondence, dated December 16, 2022, #2 Exhibit 2 - Correspondence from Plaintiffs Counsel to General Electric outlining areas of inquiry, dated November 17, 2022, #3 Exhibit 3 - Email correspondence, dated December 19, 2022, #4 Exhibit 4 - Notice of 30(b)(6) Deposition for Alan Arvidson, General Electrics representative, #5 Exhibit 5 - General Electrics Responses and Objections to Plaintiffs Notice of 30(b)(6) Deposition of General Electric, #6 Exhibit 6 - Equal Employment Opportunity Commn v. Sheffield Fin. LLC, No. 1:06CV889, 2007 WL 1726560, at *3 (M.D.N.C. June 13, 2007), #7 Exhibit 7 - Wilson Land Corp. v. Smith Barney, Inc., No. 5:97-cv-519, 2001 WL 1745241, at *5 (E.D.N.C. August 20, 2001)., #8 Exhibit 8 - Email correspondence from Plaintiffs counsel of January 29, 2023 and General Electrics email response of January 30, 2023, #9 Exhibit 9 - McKay v. Experis US Inc., No. 5:20-CV-00139-FL, 2021 WL 6200171, at *1 (E.D.N.C. Nov. 17, 2021), #10 Exhibit 10 - Deposition Excerpts of General Electric Representative, Alan Arvidson)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 162 Supplemental MOTION to Compel Discovery from Defendant General Electric by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 2/15/2023 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 161 BRIEF re #160 Supplemental MOTION to Compel Discovery from Defendant CBS . (Attachments: #1 Exhibit 1 - Plaintiff's Deposition Notice)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 160 Supplemental MOTION to Compel Discovery from Defendant CBS by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 2/15/2023 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 159 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant EATON CORPORATION. AUSTIN SISTRUNK is substituted as counsel for Defendant. Attorney GINA M. VON OEHSEN CLEARY terminated. (SISTRUNK, AUSTIN) |
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Filing 158
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 12/15/2022; that Plaintiff's Motions to Compel (Docket Entries #118 , #122 , #124 , #127 ) are DENIED WITHOUT PREJUDICE. FURTHER ORDERED that Plaintiff's Motion to Amend the Scheduling Order (Docket Entry #129 ) is GRANTED IN PART and the scheduling order is amended as set out herein. FURTHER ORDERED that non-party ABB Inc.'s Motion to Quash is STAYED until February 1, 2023, pending further discovery. FURTHER ORDERED that any request for sanctions and/or award for reasonable expenses is DENIED. (Hicks, Samantha)
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| Reset Scheduling Order Deadlines: Discovery due by 5/8/2023. (Hicks, Samantha) |
| Filing 157 NOTICE by CBS CORPORATION, GENERAL ELECTRIC COMPANY Expert Reports (TECHMAN, JENNIFER) |
| Filing 156 Transcript of Proceedings held on 11/09/2022, before Judge Joe L. Webster. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Tape Number: brinesbit@gmail.com. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 12/16/2022. Redacted Transcript Deadline set for 12/27/2022. Release of Transcript Restriction set for 2/23/2023. (Bell, Briana) (Main Document 156 replaced on 11/29/2022) (Contreras, Jamie). |
| Filing 155 STATUS REPORT by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 154 STATUS REPORT by ABB, Inc.. (GARSON, JONAH) |
| Filing 153 MOTION for Leave to Extend the Court's November 16, 2022 Deadline to File a Status Report by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Motions Referred: RE: #153 MOTION for Leave to Extend the Court's November 16, 2022 Deadline to File a Status Report, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| TEXT ORDER granting #153 Plaintiff's Unopposed Motion for Leave to Extend the Court's November 16, 2022 Deadline to File a Status Report. For good cause shown, the Parties shall continue to meet and confer to further attempt to resolve the pending discovery issues. IT IS FURTHER ORDERED that the Parties shall file a status report with the Court no later than Monday, November 21, 2022 to inform the Court as to whether any issues in relation to Motions #118, 122, 124, 127, 129 and 143 have been resolved. Issued by MAG/JUDGE JOE L. WEBSTER on 11/15/2022. (CANUTO, VANESSA) |
| TEXT ORDER In accordance with the Motion Hearing held on November 9, 2022, IT IS ORDERED that the parties shall have until Wednesday, November 16, 2022 to meet and confer to further attempt to resolve the pending discovery issues. IT IS FURTHER ORDERED that the parties shall file a status report with the Court no later than Wednesday, November 16, 2022 regarding whether any issues in relation to Motions #118, 122, 124, 127, 129, and 143 have been resolved. Issued by MAG/JUDGE JOE L. WEBSTER on 11/10/2022. (CANUTO, VANESSA) |
| Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Motion Hearing held on 11/9/2022. Re: #118 Motion to Compel Discovery; #122 Motion to Compel Discovery; #124 Motion to Compel Discovery; #127 Motion to Compel Discovery; #129 Motion to Amend; #143 Motion to Quash; Parties advised that these matters are hereby taken under advisement and shall be notified of the Court's rulings at a later date; Parties are encouraged to attempt to resolve these matters within one (1) week. (Attorney(s) Demetrios Zacharopoulos appeared telephonically and Audrey Snyder appeared in person on behalf of Plaintiff CANDACE VAUGHAN, Individually and as Administrator of the Estate of EDDIE VAUGHAN, SR., Deceased; Attorney Gina Von Oehsen Cleary appeared on behalf of Defendant EATON CORPORATION; Attorney(s) Jennifer Techman and John Elder appeared on behalf of Defendants GENERAL ELECTRIC COMPANY, et al.; Attorney Timothy Peck appeared on behalf of Defendant ROCKWELL AUTOMATION, INC.; Attorney(s) James Dedman and Jessica Laffitte appeared on behalf of Defendant SCHNEIDER ELECTRIC USA, INC.; Attorney Jonah Garson appeared on behalf of Non-party ABB, INC.; Proceedings Recorded)(Kemp, Donita) |
| Filing 152 STATUS REPORT by EATON CORPORATION. (VON OEHSEN CLEARY, GINA) |
| Filing 151 STATUS REPORT by CBS CORPORATION, GENERAL ELECTRIC COMPANY. (TECHMAN, JENNIFER) |
| Filing 150 STATUS REPORT by ABB, Inc.. (GARSON, JONAH) |
| Filing 149 REPORT re #147 Notice of Hearing on Motions #118, 122, 124, 127 & 129 by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| TEXT ORDER granting #148 Unopposed Motion for Leave to Appear and Attend the November 9, 2022 Hearing Telephonically. For good cause shown, Demetrios T. Zacharopoulos, counsel for Plaintiff, shall be permitted to appear by telephone for the November 9, 2022 hearing. The Clerk shall provide the conference number to Plaintiff's counsel. Issued by MAG/JUDGE JOE L. WEBSTER on 11/8/2022.(Lee, Pedra) |
| Filing 148 MOTION for Leave to Appear & Attend the November 9, 2022 Hearing Telephonically by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #148 MOTION for Leave to Appear & Attend the November 9, 2022 Hearing Telephonically. (Engle, Anita) |
| Filing 147 NOTICE of Hearing: Motion Hearing set for 11/9/2022 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER as to #118 , #122 , #124 , #127 , Motions to Compel, #129 Motion to Amend & #143 Motion to Quash. (Garrett, Kim) |
| Filing 146 REPLY, filed by Interested Party ABB, Inc., to Response to #143 MOTION to Quash filed by ABB, Inc.. (GARSON, JONAH) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #143 MOTION to Quash. (Engle, Anita) |
| Filing 145 RESPONSE in Opposition re #143 MOTION to Quash filed by ABB, Inc. filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Replies due by 11/4/2022 (Attachments: #1 Exhibit 1 - Email correspondence dated September 19, 2022, #2 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 144 MEMORANDUM filed by Interested Party ABB, Inc. re #143 MOTION to Quash filed by ABB, Inc.. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Affidavit)(GARSON, JONAH) |
| Filing 143 MOTION to Quash by ABB, Inc.. Response to Motion due by 10/21/2022 (Attachments: #1 Text of Proposed Order)(GARSON, JONAH) |
| Filing 142 NOTICE of Attorney Appearance by attorney JONAH A. GARSON on behalf of Interested Party ABB, Inc. (GARSON, JONAH) |
| Filing 141 NOTICE of Attorney Appearance by attorney KIRK ALAN PARRY, JR on behalf of Interested Party ABB, Inc. (PARRY, KIRK) |
| Filing 140 REPLY, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR, to Response to #127 MOTION to Compel Discovery Responses and Production of Document from Defendant General Electric Company filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Exhibit Plaintiff's Notice of Subpoena to Produce Documents, #2 Exhibit September 19, 2022 email correspondence from O'Brien to Zacharopoulos, #3 Exhibit Copy of E.E.O.C. v. Altec Indus., Inc., No. 1:10-cv-216, 2012 WL 2295621, #4 Exhibit Excerpt from the Discovery Deposition of Eddie Vaughan dated July 13, 2021, #5 Exhibit Excerpt from the Deposition of Philip Hopkinson dated August 10, 2012, #6 Exhibit April 14, 2022 Letter from Attorney Techman to Attorney Zacharopoulos)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 139 RESPONSE in Opposition re #129 MOTION to Amend the Scheduling Order to Extend the Remaining Deadlines filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. filed by CBS CORPORATION, GENERAL ELECTRIC COMPANY. Replies due by 10/5/2022 (TECHMAN, JENNIFER) |
| Filing 138 RESPONSE re #129 MOTION to Amend the Scheduling Order to Extend the Remaining Deadlines filed by SCHNEIDER ELECTRIC USA, INC.. Replies due by 10/5/2022 (DEDMAN, JAMES) |
| Filing 137 RESPONSE re #129 MOTION to Amend the Scheduling Order to Extend the Remaining Deadlines filed by EATON CORPORATION. Replies due by 10/5/2022 (VON OEHSEN CLEARY, GINA) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #127 MOTION to Compel Discovery Responses and Production of Document from Defendant General Electric Company. (Engle, Anita) |
| Filing 136 RESPONSE in Opposition re #127 MOTION to Compel Discovery Responses and Production of Document from Defendant General Electric Company filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR., #128 Brief filed by GENERAL ELECTRIC COMPANY. Replies due by 9/26/2022 (Attachments: #1 Exhibit Deposition testimony of Eddie Vaughan, #2 Exhibit Alan Arvidson affidavit 9.8.22, #3 Exhibit August 19 2022 correspondence from D. Zacharopoulos regarding deficiencies in GE discovery responses, #4 Exhibit Appendix to GE Opposition to Motion to Compel)(TECHMAN, JENNIFER) |
| Filing 135 REPLY, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR, to Response to #122 MOTION to Compel Discovery Responses and Production of Documents from Defendant Eaton Corporation filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Exhibit Eatons Second Amended Responses to GO 129 Standard Asbestos Interrogatories, #2 Exhibit Deposition of Fred Bones, taken in the case of Whitmire v. Alfa Laval., Inc., et al., Cause No. BC 374718, dated January 15, 2008, #3 Exhibit Deposition of Charles Germain, taken in the case of Whitmire v. Alfa Laval, Inc., et al., Case No. BC 374718, dated February 14, 2008)(BLACK, JANET WARD) |
| Filing 134 REPLY, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR, to Response to #124 MOTION to Compel Discovery Responses and Production of Documents from Defendant CBS Corporation filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Exhibit Email Correspondence from Attorney Zacharopoulos to Attorney Donahue, dated June 30, 2021, #2 Exhibit Proof of Service of Plaintiff's Second Amended Complaint served on Defendants, dated May 9, 2022, #3 Exhibit Drawing of Westinghouse Panel Board, Bates numbered Vaughan-422, #4 Exhibit Letter from J. Toth, dated December 6, 1960, #5 Exhibit City of Wichita, Kansas v. Aero Holdings, Inc., No. 98-1360-MLB, #6 Exhibit Index to Westinghouses Asbestos Repository)(BLACK, JANET WARD) |
| Motions Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #124 MOTION to Compel Discovery Responses and Production of Documents from Defendant CBS Corporation, #122 MOTION to Compel Discovery Responses and Production of Documents from Defendant Eaton Corporation. (Engle, Anita) |
| Filing 133 NOTICE by CBS CORPORATION re #130 Response in Opposition to Motion,, Certificate of Word Count (TECHMAN, JENNIFER) |
| Filing 132 RESPONSE TO MOTION TO COMPEL filed by Defendant EATON CORPORATION re #122 MOTION to Compel Discovery Responses and Production of Documents from Defendant Eaton Corporation filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. filed by EATON CORPORATION. Replies due by 9/8/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(VON OEHSEN CLEARY, GINA) |
| Filing 131 CERTIFICATE re #130 Response in Opposition to Motion, of Word Count by Defendant CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 130 RESPONSE in Opposition re #124 MOTION to Compel Discovery Responses and Production of Documents from Defendant CBS Corporation filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. filed by CBS CORPORATION. Replies due by 9/8/2022 (Attachments: #1 Exhibit Ex A - Evidentiary Depsoition Excerpts, #2 Exhibit Ex B - Discovery Deposition Vol 1 Excerpts, #3 Exhibit Ex C July 14, 2022 Letter)(TECHMAN, JENNIFER) Modified on 9/1/2022 to correct reply deadline to 9/8/2022. (Hicks, Samantha) |
| Reset Reply Deadline re #124 MOTION to Compel Discovery Responses and Production of Documents from Defendant CBS Corporation. Replies due by 9/8/2022. (Hicks, Samantha) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #129 MOTION to Amend the Scheduling Order to Extend the Remaining Deadlines. (Engle, Anita) |
| Filing 129 MOTION to Amend the Scheduling Order to Extend the Remaining Deadlines by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 9/21/2022 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 128 BRIEF re #127 MOTION to Compel Discovery Responses and Production of Document from Defendant General Electric Company. (Attachments: #1 Exhibit Plaintiffs Discovery, #2 Exhibit General Electrics Responses, #3 Exhibit March 30, 2022 Letter to Jennifer Techman, Esq. from Demetrios Zacharopoulos, Esq., #4 Exhibit April 14, 2022 Letter from Attorney Techman to Attorney Zacharopoulos, #5 Exhibit Excerpts from the General Electric Buy Log dated 1963, #6 Exhibit Excerpts from the General Electric Buy Log dated 1975, #7 Exhibit July 24, 2022 Email correspondence from Attorney Zacharopoulos to Attorney Techman, #8 Exhibit August 10, 2022 Letter from Attorney Elder to Attorney Zacharopoulos, #9 Exhibit August 12, 2022 Letter from Attorney Zacharopoulos to Attorney Elder, #10 Exhibit August 18, 2022 Letter from Attorney Elder to Attorney Zacharopoulos, #11 Exhibit August 24, 2022 Letter with corresponding documents bates marked NC Vaughan 000000083 through NC Vaughan 000000090, #12 Exhibit Document dated December 19, 1949 bates numbered NC Vaughan 000000005, #13 Exhibit General Electric document bates numbered NC Vaughan 000000008, #14 Exhibit General Electric document bates numbered NC Vaughan 000000090, #15 Exhibit General Electric change notice pertaining to its TQD style circuit breaker from 1969, #16 Exhibit General Electric specification dated December 11, 1968 bates numbered NC Vaughan_0000000018, #17 Exhibit General Electric mix sheet bates numbered NC Vaughan 000000086, #18 Exhibit General Electric document bates numbered NC Vaughan 000000025, #19 Exhibit July 26, 2022 Parties email correspondence regarding discovery deadline, #20 Exhibit Excerpts from the Evidence Deposition of Eddie Vaughan, dated July 12, 2021, #21 Exhibit Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 12, 2021, #22 Exhibit Exhibit 22 - Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 13, 2021) (Contreras, Jamie) |
| Filing 127 MOTION to Compel Discovery Responses and Production of Document from Defendant General Electric Company by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 9/12/2022 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 126 NOTICE of Special Appearance by attorney JOHN WILLARD ELDER on behalf of Defendant GENERAL ELECTRIC COMPANY ( Filing fee $ 25 receipt number ANCMDC-3368967.) (ELDER, JOHN) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #118 MOTION to Compel Discovery Responses and Production of Documents from Defendant Schneider Electric USA, Inc. (Engle, Anita) |
| Filing 125 BRIEF re #124 MOTION to Compel Discovery Responses and Production of Documents from Defendant CBS Corporation . (Attachments: #1 Exhibit 1 Plaintiff's Discovery, #2 Exhibit 2 Westinghouse's Responses to Plaintiff's Discovery, #3 Exhibit 3 July 12, 2022 Letter to Jennifer Techman, Esq. from Demetrios Zacharopoulos, Esq., #4 Exhibit 4 July 19, 2022 Letter from Jennifer Techman, Esq. to Demetrios Zacharopoulos, Esq., #5 Exhibit 5 August 2, 2022 Parties email correspondence agreeing to extend the fact discovery deadline, #6 Exhibit 6 August 4, 2022 Email correspondence from Attorney Zacharopoulos to Attorney Techman, #7 Exhibit 7 August 13, 2022 Letter to Jennifer Techman, Esq. from Demetrios Zacharopoulos, Esq., #8 Exhibit 8 August 19, 2022 Letter from Jennifer Techman, Esq. to Demetrios Zacharopoulos, Esq., #9 Exhibit 9 - Excerpts from the Evidence Deposition of Eddie Vaughan, dated July 12, 2021, #10 Exhibit 10 - Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 12, 2021, #11 Exhibit 11 - Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 13, 2021, #12 Exhibit 12 - Two-page document dated 1-1-47 entitled "MOLDARTA-classification, description & application", #13 Exhibit 13 - Three pages marked as Exhibit 16 to Mr. Bank's November 15, 2017 deposition, #14 Exhibit 14 Documents depicting circuit breakers used in residential panel boxes made from "Moldarta.", #15 Exhibit 15 - Panel boards identified)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 124 MOTION to Compel Discovery Responses and Production of Documents from Defendant CBS Corporation by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 9/6/2022 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 123 BRIEF re #122 MOTION to Compel Discovery Responses and Production of Documents from Defendant Eaton Corporation . (Attachments: #1 Exhibit 1 - Plaintiffs Discovery, #2 Exhibit 2 - Eatons Responses to Plaintiffs Second Set of Interrogatories and Requests for Production of Documents, #3 Exhibit 3 - Eatons First Amended and Supplemental Answers and Responses, #4 Exhibit 4 - Email correspondence dated July 29, 2022, #5 Exhibit 5 - August 1, 2022 Letter to Attorney Von Oehsen Cleary from Attorney Zacharopoulos, #6 Exhibit 6 - August 9, 2022 Letter to Attorney Zacharopoulos from Attorney Von Oehsen Cleary, #7 Exhibit 7 - Eatons Second Amended and Supplemental Responses, #8 Exhibit 8 - August 17, 2022 Letter to Attorney Von Oehsen Cleary from Attorney Zacharopoulos, #9 Exhibit 9 - Excerpts from the Evidence Deposition of Eddie Vaughan, dated July 12, 2021, #10 Exhibit 10 - Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 12, 2021, #11 Exhibit 11 - Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 13, 2021)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 122 MOTION to Compel Discovery Responses and Production of Documents from Defendant Eaton Corporation by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 9/2/2022 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 121 NOTICE by SCHNEIDER ELECTRIC USA, INC. re #120 Response in Opposition to Motion,, Certificate of Word Count (DEDMAN, JAMES) |
| Filing 120 RESPONSE in Opposition re #118 MOTION to Compel Discovery Responses and Production of Documents from Defendant Schneider Electric USA, Inc. filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR., #119 Brief,,,, filed by SCHNEIDER ELECTRIC USA, INC.. Replies due by 8/25/2022 (Attachments: #1 Exhibit A - Defendant's Discovery Responses, #2 Exhibit B - March 30, 2022 Correspondence, #3 Exhibit C - Defendant's April 7, 2022 Response to Deficiency Letter, #4 Exhibit D - July 15, 2022 Correspondence, #5 Exhibit E - July 14, 2022 Correspondence, #6 Exhibit F - Pratt Deposition Excerpts)(DEDMAN, JAMES) |
| Filing 119 BRIEF re #118 MOTION to Compel Discovery Responses and Production of Documents from Defendant Schneider Electric USA, Inc. . (Attachments: #1 Exhibit Plaintiffs Discovery, #2 Exhibit February 17, 2022 Email Correspondence, #3 Exhibit February 18, 2022 Email Correspondence, #4 Exhibit Schneiders Responses to Plaintiffs Discovery, #5 Exhibit March 30, 2022 Letter to Jennifer Laffitte from Demetrios Zacharopoulos, #6 Exhibit April 7, 2022 Letter to Demetrios Zacharopoulos from Jennifer Laffitte, #7 Exhibit Excerpts from the Evidence Deposition of Eddie Vaughan, dated July 12, 2021, #8 Exhibit Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 12, 2021, #9 Exhibit Excerpts from the Discovery Deposition of Eddie Vaughan, dated July 13, 2021, #10 Exhibit Stillwagon v. Innsbrook Goldf & Marina, LLC, No. 2:13-CV-00018-D, 2014 WL 1652562 at *4 (E.D.N.C. April 23, 2014)(unpublished)(citing DE Techs, Inc. v. Dell, Inc. 238 F.R.D. 561, 566 (W.D.Va. 2006)), #11 Exhibit Spilker v. Medtronic, Inc., No. 4:13-cv-76-H at *5 (E.D.N.C. April 2015)(unpublished))(ZACHAROPOULOS, DEMETRIOS) |
| Filing 118 MOTION to Compel Discovery Responses and Production of Documents from Defendant Schneider Electric USA, Inc. by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 8/11/2022 (Attachments: #1 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
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Filing 117
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 07/25/2022, that the action of Candace Vaughan Individually and as Administrator of the Estate of Eddie Vaughan, Deceased, against Defendant Pfizer Inc., be DISMISSED WITHOUT PREJUDICE. Each party to bear her or its own costs. (Bowers, Alexis)
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| Filing 116 Joint MOTION to Dismiss by PFIZER, INC.. Response to Motion due by 8/11/2022 (Attachments: #1 Text of Proposed Order)(TOMLIN, TRACY) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #116 Joint MOTION to Dismiss. (Engle, Anita) |
| Filing 115 ANSWER to Amended Complaint by SCHNEIDER ELECTRIC USA, INC.. (DEDMAN, JAMES) |
| Filing 114 Corporate Disclosure Statement by Defendant CBS CORPORATION. (TECHMAN, JENNIFER) |
| Filing 113 ANSWER to #1 Complaint with Jury Demand by CBS CORPORATION. (TECHMAN, JENNIFER) |
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Filing 112
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 5/20/2022; that the action of Candace Vaughan Individually and as Administrator of the Estate of Eddie Vaughan, Deceased, against Defendant Occidental Chemical Corporation, be DISMISSED WITH PREJUDICE. Each party to bear her or its own costs. (Hicks, Samantha)
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| Filing 111 Joint MOTION to Dismiss by OCCIDENTAL CHEMICAL CORPORATION. Response to Motion due by 6/9/2022 (Attachments: #1 Text of Proposed Order)(SLOSSON, JOHN) |
| Filing 110 ANSWER to Amended Complaint Second Amended Complaint by EATON CORPORATION. (VON OEHSEN CLEARY, GINA) |
| Filing 109 ANSWER to Amended Complaint Second Amended Complaint by METROPOLITAN LIFE INSURANCE COMPANY. (COLTRAIN, KEITH) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #111 Joint MOTION to Dismiss. (Engle, Anita) |
| Filing 108 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to CBS CORPORATION served on 5/9/2022, answer due 5/31/2022. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 107 Amended MOTION for Extension of Time to File Answer re #104 Amended Complaint, by SCHNEIDER ELECTRIC USA, INC.. (DEDMAN, JAMES) |
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ORDER granting #107 Motion for Extension of Time to Answer Second Amended Complaint for SCHNEIDER ELECTRIC USA, INC. Answer due by 6/9/2022. Signed by John Brubaker, Clerk of Court, on 5/12/2022. (Brubaker, John)
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| Filing 106 ANSWER to Amended Complaint (Second Amended Complaint) by ROCKWELL AUTOMATION, INC.. (PECK, TIMOTHY) |
| Filing 105 Summons Issued as to CBS CORPORATION. (Carter, Alexus) |
| Filing 104 Second AMENDED COMPLAINT against defendant EATON CORPORATION, GENERAL ELECTRIC COMPANY, GOULD ELECTRONICS, INC., JOHNSON & JOHNSON, JOHNSON CONSUMER, INC., METROPOLITAN LIFE INSURANCE COMPANY, OCCIDENTAL CHEMICAL CORPORATION, PFIZER, INC., ROCKWELL AUTOMATION, INC., SCHNEIDER ELECTRIC USA, INC., UNION CARBIDE CORPORATION, filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR.(ZACHAROPOULOS, DEMETRIOS) |
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Filing 103
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 5/5/2022; that Plaintiff's Motion for Leave to File Second Amended Complaint (Docket Entry #99 ) is GRANTED. Plaintiff shall file the Second Amended Complaint (attached as Exhibit A to the Motion) as a separate pleading within five (5) days of the date of this Order. (Hicks, Samantha)
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| Filing 102 Plaintiff's Supplemental Memorandum re #99 MOTION for Leave to File Second Amended Complaint by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| TEXT ORDER: Plaintiff Candace Vaughan has filed a motion for leave to file a second amended complaint to add, in pertinent part, "CBS CORPORATION, f/k/a VIACOM, INC., merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORP as a named Defendant." (Docket Entry 99 at 1.) No later than Friday, April 29, 2022, Plaintiff shall file a supplemental brief of no more than three (3) pages asserting the grounds for adding said entity as a named Defendant at this juncture. Issued by MAG/JUDGE JOE L. WEBSTER on 4/22/2022. (Lee, Pedra) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #99 MOTION for Leave to File Second Amended Complaint. (Engle, Anita) |
| Filing 101 CERTIFICATE OF SERVICE by CANDACE VAUGHAN, EDDIE VAUGHAN, SR Plaintiffs' Second Set of Rogs & RFPs to Defendants (Eaton; Rockwell) (ZACHAROPOULOS, DEMETRIOS) |
| Filing 100 MEMORANDUM filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #99 MOTION for Leave to File Second Amended Complaint filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 99 MOTION for Leave to File Second Amended Complaint by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 4/14/2022 (Attachments: #1 Exhibit A (proposed) Civil Action Second Amended Complaint, #2 Text of Proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 98 CERTIFICATE OF SERVICE by CANDACE VAUGHAN, EDDIE VAUGHAN, SR re: Plaintiffs' Discovery Requests to Defendants (ZACHAROPOULOS, DEMETRIOS) |
| Filing 97 CERTIFICATE OF SERVICE by CANDACE VAUGHAN, EDDIE VAUGHAN, SR (Discovery) (ZACHAROPOULOS, DEMETRIOS) |
| Filing 96 CERTIFICATE OF SERVICE by CANDACE VAUGHAN, EDDIE VAUGHAN, SR (Discovery) (ZACHAROPOULOS, DEMETRIOS) |
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Filing 95
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 10/19/21, that the Clerk of Court terminate this action administratively in his records as to the individual Defendants Johnson & Johnson and Johnson Consumer, Inc.; 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. (Butler, Carol)
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #94 Notice of Filing Bankruptcy. (Engle, Anita) |
| Filing 94 NOTICE by Defendants JOHNSON & JOHNSON, JOHNSON CONSUMER, INC. of filing bankruptcy and stay of proceedings (Attachments: #1 Ex A Voluntary Petition, #2 Ex B List)(HENNINGER, URSULA) |
| Filing 93 CERTIFICATE OF SERVICE by CANDACE VAUGHAN, EDDIE VAUGHAN, SR Re: Plaintiffs' Rule 26(a)(1) Initial Disclosures (ZACHAROPOULOS, DEMETRIOS) |
| Filing 92 ANSWER to Amended Complaint by UNION CARBIDE CORPORATION. (CONNER, W.) |
| Filing 91 ANSWER to Amended Complaint by SCHNEIDER ELECTRIC USA, INC.. (DEDMAN, JAMES) |
| Filing 90 ANSWER to Amended Complaint by EATON CORPORATION. (VON OEHSEN CLEARY, GINA) |
| Filing 89 ANSWER to Amended Complaint by OCCIDENTAL CHEMICAL CORPORATION. (SLOSSON, JOHN) |
| Filing 88 ANSWER to Amended Complaint by PFIZER, INC.. (TOMLIN, TRACY) |
| Filing 87 ANSWER to Amended Complaint by GOULD ELECTRONICS, INC.. (TECHMAN, JENNIFER) |
| Filing 86 ANSWER to Amended Complaint by GENERAL ELECTRIC COMPANY. (TECHMAN, JENNIFER) |
| Filing 85 ANSWER to Amended Complaint by ROCKWELL AUTOMATION, INC.. (PECK, TIMOTHY) |
| Filing 84 ANSWER to Amended Complaint by JOHNSON & JOHNSON, JOHNSON CONSUMER, INC.. (HENNINGER, URSULA) |
| Filing 83 ANSWER to Amended Complaint and to Cross-Claims of any and all other Defendants and Third-Party Defendants by METROPOLITAN LIFE INSURANCE COMPANY. (COLTRAIN, KEITH) |
| Filing 82 First AMENDED COMPLAINT against defendant EATON CORPORATION, GENERAL ELECTRIC COMPANY, GOULD ELECTRONICS, INC., JOHNSON & JOHNSON, JOHNSON CONSUMER, INC., METROPOLITAN LIFE INSURANCE COMPANY, OCCIDENTAL CHEMICAL CORPORATION, PFIZER, INC., ROCKWELL AUTOMATION, INC., SCHNEIDER ELECTRIC USA, INC., UNION CARBIDE CORPORATION, filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR.(ZACHAROPOULOS, DEMETRIOS) |
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Filing 81
ORDER Appointing THOMAS M. CLARE, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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Filing 80
ORDER APPROVING JOINT RULE 26(f) REPORT signed by MAG/JUDGE JOE L. WEBSTER on 8/26/21, that the Court has reviewed the Joint Rule 26(f) Report (Docket Entry #78 ) submitted by the parties and approves it without modification, which indicates that the parties do not anticipate this case will involve any confidential or sealed documents. If the parties determine during discovery that they have incorrectly indicated that the case will not involve any confidential or sealed documents, the parties must meet and confer and file a LR 5.5 Report within 10 days after so determining, and they must include an explanation for the late change in position. Furthermore, the parties should note that in light of the proposed exceptional discovery track, they should not anticipate any extension of the overall discovery deadline in this matter.(Butler, Carol)
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Filing 79
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 8/26/21, that Plaintiffs' Motion for Leave to Amend Complaint (Docket Entry #73 ) is hereby GRANTED. Plaintiff shall file the First Amended Complaint as a separate pleading within ten (10) days from the date of this Order. Plaintiff shall file the First Amended Complaint in similar form as Exhibit A to the Motion (Docket Entry 73-1) except that Defendant Siemens Corporation shall be removed from such pleading. FURTHER that upon the filing of the First Amended Complaint, the Clerk is directed to modify the caption to reflect the parties named in the First Amended Complaint. (Butler, Carol)
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| Motions Referred: RE: #78 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| MEDIATION SCHEDULING ORDER; Mediation due by 1/10/2023. (Bond, Melisa) |
| Filing 78 Rule 26(f) Report (Joint) filed by all parties by CANDACE VAUGHAN, EDDIE VAUGHAN, SR.(ZACHAROPOULOS, DEMETRIOS) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #73 MOTION for Leave to File First Amended Complaint. (Engle, Anita) |
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Filing 77
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/18/21, that all claims brought against Defendant Siemens Corporation are DISMISSED without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Each party will bear his, her, or its own costs. (Butler, Carol)
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| Filing 76 JOINT MOTIONto Dismiss as to Def. Siemens Corporation Only by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (Attachments: #1 Text of Proposed Order as to Siemens Corporation only)(ZACHAROPOULOS, DEMETRIOS) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #76 JOINT MOTIONto Dismiss as to Def. Siemens Corporation Only. (Engle, Anita) |
| Filing 75 Additional Attachments to Main Document re #74 Memorandum (Attorney's Certificate of Word Count). (ZACHAROPOULOS, DEMETRIOS) |
| Filing 74 MEMORANDUM filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR re #73 MOTION for Leave to File First Amended Complaint filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 73 MOTION for Leave to File First Amended Complaint by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. Response to Motion due by 8/24/2021 (Attachments: #1 Exhibit Exh. A - proposed First Amended Complaint, #2 Text of Proposed Order proposed Order)(ZACHAROPOULOS, DEMETRIOS) |
| Filing 72 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 9/22/2021 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Filing 71 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant JOHNSON CONSUMER, INC. (HENNINGER, URSULA) |
| Filing 70 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant JOHNSON & JOHNSON (HENNINGER, URSULA) |
| Filing 69 ANSWER to #1 Complaint with Jury Demand by JOHNSON & JOHNSON, JOHNSON CONSUMER, INC.. (HENNINGER, URSULA) |
| Filing 68 NOTICE of Attorney Appearance by attorney URSULA MARIE HENNINGER on behalf of Defendants JOHNSON & JOHNSON, JOHNSON CONSUMER, INC. (HENNINGER, URSULA) |
| Filing 67 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to JOHNSON CONSUMER, INC. served on 7/9/2021, answer due 7/30/2021. Corporate Headquarters (ZACHAROPOULOS, DEMETRIOS) |
| Filing 66 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to JOHNSON & JOHNSON served on 7/9/2021, answer due 7/30/2021. Corporate Headquarters (ZACHAROPOULOS, DEMETRIOS) |
| Filing 65 NOTICE of Voluntary Dismissal as to party(s) ZINSCO ELECTRICAL PRODUCTS, filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR (ZACHAROPOULOS, DEMETRIOS) |
| Filing 64 NOTICE of Voluntary Dismissal as to party(s) THERMO-ELECTRIC CO., INC., filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR (ZACHAROPOULOS, DEMETRIOS) |
| Filing 63 NOTICE of Voluntary Dismissal as to party(s) EXTECO, INC., filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR (ZACHAROPOULOS, DEMETRIOS) |
| Filing 62 NOTICE of Voluntary Dismissal as to party(s) NOKIA OF AMERICA CORPORATION (s/b/m to Alcatel-Lucent USA, Inc. s/b/m to Lucent Technologies, Inc. (sued individually and as successor-in-interest to Western Electric Company ), filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR (ZACHAROPOULOS, DEMETRIOS) |
| Filing 61 NOTICE of Voluntary Dismissal as to party(s) AT&T CORPORATION (successor in interest to Bell Laboratories), filed by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR (ZACHAROPOULOS, DEMETRIOS) |
| Filing 60 Summons Reissued as to JOHNSON & JOHNSON, JOHNSON CONSUMER, INC. (Attachments: #1 Summons - Johnson Consumer, Inc) (Sheets, Jamie) |
| Filing 59 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant SIEMENS CORPORATION. (HAMMOND, JOSEPH) |
| Filing 58 ANSWER to #1 Complaint with Jury Demand by SCHNEIDER ELECTRIC USA, INC.. (DEDMAN, JAMES) |
| Filing 57 CERTIFICATE OF SERVICE by CANDACE VAUGHAN, EDDIE VAUGHAN, SR (Amended NOD) (ZACHAROPOULOS, DEMETRIOS) |
| Filing 56 NOTICE of Special Appearance by attorney STEPHANIE G. FLYNN on behalf of Defendant ROCKWELL AUTOMATION, INC. ( Filing fee $ 25 receipt number 0418-3081164.) (FLYNN, STEPHANIE) |
| Filing 55 CERTIFICATE of Service by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 54 CERTIFICATE of Written Discovery Served by Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 53 NOTICE of Attorney Appearance by attorney GINA M. VON OEHSEN CLEARY on behalf of Defendant EATON CORPORATION (VON OEHSEN CLEARY, GINA) |
| Filing 52 NOTICE of Special Appearance by attorney JESSICA W. LAFFITTE on behalf of Defendant SCHNEIDER ELECTRIC USA, INC. ( Filing fee $ 25 receipt number 0418-3077135.) (LAFFITTE, JESSICA) |
| Filing 51 ANSWER to #1 Complaint with Jury Demand by SIEMENS CORPORATION. (HAMMOND, JOSEPH) |
| Filing 50 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to ZINSCO ELECTRICAL PRODUCTS served on 5/3/2021, answer due 5/24/2021. Gabriela Sanchez (ZACHAROPOULOS, DEMETRIOS) |
| Filing 49 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to UNION CARBIDE CORPORATION served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 48 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to SIEMENS CORPORATION served on 5/17/2021, answer due 6/28/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 47 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to SCHNEIDER ELECTRIC USA, INC. served on 5/17/2021, answer due 7/7/2021. Heather Hughes (ZACHAROPOULOS, DEMETRIOS) |
| Filing 46 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to ROCKWELL AUTOMATION, INC. served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 45 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to PFIZER, INC. served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 44 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to OCCIDENTAL CHEMICAL CORPORATION served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 43 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to NOKIA OF AMERICA CORPORATION served on 5/17/2021, answer due 6/7/2021. Heather Hughes (ZACHAROPOULOS, DEMETRIOS) |
| Filing 42 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to METROPOLITAN LIFE INSURANCE COMPANY served on 5/3/2021, answer due 5/24/2021. Amy McLaren (ZACHAROPOULOS, DEMETRIOS) |
| Filing 41 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to JOHNSON CONSUMER, INC. served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 40 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to JOHNSON & JOHNSON served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 39 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to GOULD ELECTRONICS, INC. served on 5/3/2021, answer due 5/24/2021. Ben Zeiger (ZACHAROPOULOS, DEMETRIOS) |
| Filing 38 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to GENERAL ELECTRIC COMPANY served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 37 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to EATON CORPORATION served on 5/17/2021, answer due 6/7/2021. Lindsay Brennan (ZACHAROPOULOS, DEMETRIOS) |
| Filing 36 SUMMONS Returned Executed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR as to AT&T CORPORATION served on 5/17/2021, answer due 6/7/2021. (ZACHAROPOULOS, DEMETRIOS) |
| Filing 35 NOTICE of Special Appearance by attorney SCOTT E. FRICK on behalf of Defendant UNION CARBIDE CORPORATION ( Filing fee $ 25 receipt number 0418-3062252.) (FRICK, SCOTT) |
| Filing 34 NOTICE of Special Appearance by attorney MOFFATT G. MCDONALD on behalf of Defendant UNION CARBIDE CORPORATION ( Filing fee $ 25 receipt number 0418-3062251.) (MCDONALD, MOFFATT) |
| Filing 33 NOTICE of Special Appearance by attorney W. DAVID CONNER on behalf of Defendant UNION CARBIDE CORPORATION ( Filing fee $ 25 receipt number 0418-3062248.) (CONNER, W.) |
| Filing 32 Corporate Disclosure Statement by UNION CARBIDE CORPORATION. (MAJOR, CHRISTOPHER) |
| Filing 31 ANSWER to #1 Complaint with Jury Demand by UNION CARBIDE CORPORATION. (MAJOR, CHRISTOPHER) |
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ORDER granting #26 Motion for Extension of Time to Answer for SIEMENS CORPORATION. Answer due by 6/28/2021. Signed by John Brubaker, Clerk of Court, on 6/7/2021. (Brubaker, John)
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| Filing 30 Corporate Disclosure Statement by ROCKWELL AUTOMATION, INC.. (PECK, TIMOTHY) |
| Filing 29 ANSWER to #1 Complaint with Jury Demand by ROCKWELL AUTOMATION, INC.. (PECK, TIMOTHY) |
| Filing 28 Corporate Disclosure Statement by GENERAL ELECTRIC COMPANY. (TECHMAN, JENNIFER) |
| Filing 27 ANSWER to #1 Complaint with Jury Demand by GENERAL ELECTRIC COMPANY. (TECHMAN, JENNIFER) |
| Filing 26 Consent MOTION for Extension of Time to File Answer re #1 Complaint by SIEMENS CORPORATION. (Attachments: #1 Text of Proposed Order)(HAMMOND, JOSEPH) |
| Filing 25 NOTICE of Attorney Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant OCCIDENTAL CHEMICAL CORPORATION (STARR, WILLIAM) |
| Filing 24 NOTICE of Attorney Appearance by attorney TRACY E. TOMLIN on behalf of Defendant OCCIDENTAL CHEMICAL CORPORATION (TOMLIN, TRACY) |
| Filing 23 Corporate Disclosure Statement by OCCIDENTAL CHEMICAL CORPORATION. (SLOSSON, JOHN) |
| Filing 22 ANSWER to #1 Complaint by OCCIDENTAL CHEMICAL CORPORATION. (SLOSSON, JOHN) |
| Filing 21 NOTICE of Special Appearance by attorney TROYCE G. WOLF on behalf of Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR ( Filing fee $ 25 receipt number 0418-3061667.) (WOLF, TROYCE) |
| Filing 20 NOTICE of Attorney Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendant PFIZER, INC. (STARR, WILLIAM) |
| Filing 19 Corporate Disclosure Statement by PFIZER, INC. (TOMLIN, TRACY) (Main Document #19 replaced on 6/3/2021 at request of filer.) (Butler, Carol) |
| Filing 18 ANSWER to #1 Complaint by PFIZER, INC.. (TOMLIN, TRACY) |
| Filing 17 ANSWER to #1 Complaint with Jury Demand by EATON CORPORATION. (MALIK, GEORGIA) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant EATON CORPORATION. (MALIK, GEORGIA) |
| Filing 15 NOTICE of Attorney Appearance by attorney RICHARD T. BOYETTE on behalf of Defendant EATON CORPORATION (BOYETTE, RICHARD) |
| Filing 14 NOTICE of Attorney Appearance by attorney GEORGIA H. MALIK on behalf of Defendant EATON CORPORATION (MALIK, GEORGIA) |
| Filing 13 Summons Reissued as to EXTECO, INC., THERMO-ELECTRIC CO., INC. (Attachments: #1 Summons - Thermo-Electric Co., Inc.) (Hicks, Samantha) |
| Filing 12 NOTICE of Attorney Appearance by attorney JAMES M. DEDMAN, IV on behalf of Defendant SCHNEIDER ELECTRIC USA, INC. (DEDMAN, JAMES) |
| Filing 11 Consent MOTION for Extension of Time to File Answer re #1 Complaint by SCHNEIDER ELECTRIC USA, INC.. (DEDMAN, JAMES) |
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ORDER granting #11 Motion for Extension of Time to Answer for SCHNEIDER ELECTRIC USA, INC. Answer due by 7/7/2021. Signed by John Brubaker, Clerk of Court, on 5/25/2021. (Brubaker, John)
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| Filing 10 Corporate Disclosure Statement by GOULD ELECTRONICS, INC.. (TECHMAN, JENNIFER) |
| Filing 9 ANSWER to #1 Complaint with Jury Demand by GOULD ELECTRONICS, INC.. (TECHMAN, JENNIFER) |
| 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 Attorney Appearance by attorney KEITH E. COLTRAIN on behalf of Defendant METROPOLITAN LIFE INSURANCE COMPANY (COLTRAIN, KEITH) |
| Filing 5 NOTICE of Special Appearance by attorney DEMETRIOS T. ZACHAROPOULOS on behalf of Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR ( Filing fee $ 25 receipt number 0418-3044362.) (ZACHAROPOULOS, DEMETRIOS) |
| 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 Attorney Appearance by attorney AUDREY M. SNYDER on behalf of Plaintiffs CANDACE VAUGHAN, EDDIE VAUGHAN, SR (SNYDER, AUDREY) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0418-3039419), filed by CANDACE VAUGHAN, EDDIE VAUGHAN, SR. (BLACK, JANET WARD) Modified on 4/30/2021 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 CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
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