Settlemyer et al v. Borg-Warner Morse Tec, LLC et al
| David L. Settlemyer and Jan Settlemyer |
| Ford Motor Company, Kelsey-Hayes Company, Heavy Duty Parts, Inc., Genuine Parts Company, CRA Trailers Inc., Consolidated Truck Parts, Inc., Mack Trucks, Inc., Caterpillar Inc., Pneumo Abex, LLC, CertainTeed Corporation, Navistar, Inc., BWDAC Inc., Borg-Warner Morse Tec, LCC, Cummins, Inc., Federal-Mogul Asbestos Personal Injury Trust, Paccar, Inc., Daimler Trucks North America LLC, Dana Companies, LLC, Carlisle Industrial Brake & Friction, Inc., Eaton Corporation, CBS Corporation, Borg-Warner Morse Tec, LLC, Morse TEC LLC, Viacom Inc., Westinghouse Electric Corporation, BorgWarner Morse TEC, LLC, BWD Automotive Corporation, Great Dane Trailers, Inc. and ZF Active Safety US Inc. |
| 1:2019cv00344 |
| December 12, 2019 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Reset Deadlines: Next Status Report due by 10/30/2023. (kby)
|
|
Filing 451
STATUS REPORT by CertainTeed Corporation (Frick, Scott)
|
|
Set Deadlines: Next Status Report due by 8/1/2023. (maf)
|
|
Filing 450
STATUS REPORT by CertainTeed Corporation (McDonald, Moffatt)
|
|
Filing 449
STATUS REPORT by CertainTeed Corporation (McDonald, Moffatt)
|
|
Reset Deadlines: Next Status Report due by 5/3/2023. (ejb)
|
|
Filing 448
Notice of Substitution of Counsel by Austin Katherine Smith Sistrunk on behalf of Eaton Corporation, Attorney Gina Marie Von Oehsen Cleary terminated. (Sistrunk, Austin)
|
|
Reset Deadlines: Next Status Report due by 2/2/2023. (kby)
|
|
Filing 447
STATUS REPORT by CertainTeed Corporation (McDonald, Moffatt)
|
|
Filing 446
STATUS REPORT by CertainTeed Corporation (McDonald, Moffatt)
|
|
Set Deadline: Next Status Report due by 11/6/2022 (kby)
|
|
Set Deadline: Status Report due by 8/8/2022. (rhf)
|
|
Filing 445
STATUS REPORT by CertainTeed Corporation (McDonald, Moffatt)
|
|
Filing 444
ORDER that the parties' Joint Motion to Dismiss Doc. #443 is GRANTED, and all the Plaintiffs' claims against the Defendant Morse Tec, LLC are hereby DISMISSED WITH PREJUDICE. Signed by Chief Judge Martin Reidinger on 4/23/2022. (rhf) Modified file date on 4/25/2022 (rhf).
|
|
Filing 443
STIPULATION of Dismissal Joint Motion to Dismiss With Prejudice as to Defendant Morse Tec LLC by David L. Settlemyer (Claims still Pending. Case to remain Open). (Attachments: #1 Proposed Order)(Neilson, Todd) Modified text to correct attachment description on 4/22/2022 (hms).
|
|
Filing 442
ORDER that parties' #441 Joint Motion to Dismiss is GRANTED, and all Pltfs' claims against Deft Carlisle Industrial Brake & Friction, Inc. are hereby DISMISSED WITH PREJUDICE. Signed by Chief Judge Martin Reidinger on 3/16/2022. (ejb)
|
|
Filing 441
Joint MOTION to Dismiss Carlisle Industrial Brake & Friction, Inc. With Prejudice by David L. Settlemyer, Jan Settlemyer (Claims still Pending. Case to remain Open). (Attachments: #1 Proposed Order)(Neilson, Todd) Modified on to convert from a Stipulation of Dismissal to a Motion to Dismiss 3/16/2022. NEF Regenerated (ejb).
|
|
Filing 440
STATUS REPORT by CertainTeed Corporation (McDonald, Moffatt)
|
|
Filing 439
ORDER that, within 14 days of the entry of this Order, the parties shall file a report with the Court advising of the status of DBMP's bankruptcy case. A status report shall be filed every 90 days thereafter until such time as the bankruptcy matter is closed. Signed by Chief Judge Martin Reidinger on 1/25/2022. (khm)
|
|
Filing 438
CLERK'S JUDGMENT is hereby entered as to BWDAC Inc., Daimler Trucks North America LLC, Eaton Corporation, Paccar, Inc., and ZF Active Safety US Inc. in accordance with the Court's #336 Memorandum of Decision and Order and the Court's Text-Only Order dated 1/24/2022. Signed by Clerk, Frank G. Johns. (khm) Modified text on 1/24/2022. NEF Regenerated. (khm)
|
|
TEXT-ONLY ORDER: The Clerk of Court is respectfully instructed to enter a judgment against the Plaintiffs and in favor of the Defendants Eaton Corporation, BWDAC, Inc., ZF Active Safety US Inc., PACCAR, Inc., and Daimler Trucks North America LLC, in accordance with the #336 Memorandum of Decision and Order granting these Defendants' motions for summary judgment. So Ordered. Entered by Chief Judge Martin Reidinger on 1/24/2022. (khm)
|
|
NOTICE of Cancellation of Jury Trial scheduled for 1/10/2022. (khm)
|
|
Filing 437
ORDER granting parties' #432 Joint Motion to Dismiss Pneumo Abex LLC Without Prejudice, and all the Pltfs' claims against the Deft Pneumo Abex LLC are hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 1/6/2022. (ejb)
|
|
Filing 436
ORDER granting parties' #434 Joint Motion to Dismiss Carlisle Industrial Brake & Friction, Inc. Without Prejudice, and all the Pltfs' claims against the Deft Carlisle Industrial Brake & Friction, Inc. are hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 1/6/2022. (ejb)
|
|
Filing 435
ORDER granting parties' #433 Joint Motion to Dismiss Morse Tec LLC Without Prejudice, and all the Pltfs' claims against the Deft Morse Tec, LLC are hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 1/6/2022. (ejb)
|
|
Filing 434
Joint MOTION to Dismiss Carlisle Industrial Brake & Friction, Inc. Without Prejudice by David L. Settlemyer, Jan Settlemyer (Claims still Pending. Case to remain Open). (Attachments: #1 Proposed Order)(Neilson, Todd) Modified text on 1/6/2022 (ejb).
|
|
Filing 433
Joint MOTION to Dismiss Morse Tec LLC Without Prejudice by David L. Settlemyer, Jan Settlemyer (Claims still Pending. Case to remain Open). (Attachments: #1 Proposed Order)(Neilson, Todd) Modified text on 1/6/2022 (ejb).
|
|
Filing 432
Joint MOTION to Dismiss Pneumo Abex LLC Without Prejudice by David L. Settlemyer, Jan Settlemyer (Claims still Pending. Case to remain Open). (Attachments: #1 Proposed Order)(Neilson, Todd) Modified text on 1/6/2022 (ejb).
|
|
TEXT-ONLY ORDER re #428 , #429 Motions to Quash and #431 Motion to Take Deposition of Dr. Marty Kanarek. Text of Order: The Plaintiffs having given notice of a "Zoom Only" deposition without either the consent of the other parties or leave of court, the Notice is not in compliance with Rule 30(a)(4) or with the Case Management Order of this Court. Therefore the [428, 429] motions to quash are granted. The Plaintiffs #431 motion to modify the Case Management Order and to permit the remote de bene esse deposition of Dr. Marty S. Kanarek is denied. So Ordered. Entered by Chief Judge Martin Reidinger on 12/28/2021. (khm)
|
|
Filing 431
MOTION to Take Deposition from Dr. Marty Kanarek Plaintiffs' Motion to Modify the Pretrial Order and Case Management Plan and to Permit the Remote De Bene Esse Deposition of Dr. Marty S. Kanarek by David L. Settlemyer, Jan Settlemyer. Responses due by 1/10/2022 (Attachments: #1 Exhibit 1- Expert Disclosure, #2 Exhibit 2- Kanarek Affidavit, #3 Exhibit 3- Email from Kramer 12/17/21, #4 Exhibit 4- Email from Fitzpatrick 12/17/21, #5 Exhibit 5- Email from Fitzpatrick 12/22/21, #6 Exhibit 6- Email from Kramer 12/22/21, #7 Exhibit 7- Email 2 from Fitzpatrick 12/22/21, #8 Exhibit 8- Email 2 from Kramer 12/22/21, #9 Exhibit 9- Pltf Depo Notice of Kanarek, #10 Exhibit 10- Email 3 from Fitzpatrick 12/22/21, #11 Exhibit 11- Pretrial Order and Case Management Plan) (Neilson, Todd). Motions referred to W. Carleton Metcalf.
|
|
Filing 430
RESPONSE in Opposition re #429 MOTION to Quash Deposition of Dr. Kanarek, #428 MOTION to Quash Plaintiffs' Consolidated Response to Defendants' Motions to Quash the Trial Preservation Deposition of Dr. Marty Kanarek by David L. Settlemyer, Jan Settlemyer. Replies due by 1/3/2022 (Attachments: #1 Exhibit 1- Expert Disclosure, #2 Exhibit 2- Kanarek Affidavit, #3 Exhibit 3- Email from Kramer 12/17/21, #4 Exhibit 4- Email from Fitzpatrick 12/17/21, #5 Exhibit 5- Email from Fitzpatrick 12/22/21, #6 Exhibit 6- Email from Kramer 12/22/21, #7 Exhibit 7- Email 2 from Fiztpatrick 12/22/21, #8 Exhibit 8- Email 2 from Kramer 12/22/21, #9 Exhibit 9- Pltf Depo Notice of Kanarek, #10 Exhibit 10- Email 3 from Fitzpatrick 12/22/21, #11 Exhibit 11- Pretrial Order and Case Management Plan)(Neilson, Todd)
|
|
Filing 429
MOTION to Quash Deposition of Dr. Kanarek by Morse TEC LLC. Responses due by 1/7/2022 (Attachments: #1 Ex 1 - Plt Notice of Deposition, #2 Ex 2 - Proposed Order) (Stein, Gerald). Motions referred to W. Carleton Metcalf. Modified text to correct attachment description on 12/28/2021 (hms).
|
|
Filing 428
MOTION to Quash by Pneumo Abex, LLC. Responses due by 1/6/2022 (Attachments: #1 Exhibit A - Notice of Deposition of Kanarek, #2 Proposed Order Granting Motion to Quash) (McLeod, Yancey). Motions referred to W. Carleton Metcalf.
|
|
Filing 427
TRANSCRIPT of Pretrial Conference held on 12/14/21 before Judge Reidinger. 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. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 3/17/2022. (Reporter: Cheryl Nuccio, cheryl_nuccio@ncwd.uscourts.gov)
|
|
Filing 426
NOTICE of Withdrawal of Previously Filed Page and Line Designations Partial Withdrawal by David L. Settlemyer, Jan Settlemyer re #323 Excerpts of Deposition Testimony (Neilson, Todd)
|
|
Filing 425
NOTICE of Withdrawal of Plaintiffs' Stipulated Facts by David L. Settlemyer, Jan Settlemyer (Neilson, Todd)
|
|
Filing 424
NOTICE of Partial Withdrawal of Plaintiffs' Previously Filed Page & Line Designations by David L. Settlemyer, Jan Settlemyer (Neilson, Todd)
|
|
Filing 423
NOTICE of Withdrawal of Motion to Strike Plaintiffs' Designation of the Testimony of Albert D. Indelicato (Lepore Case) by Pneumo Abex, LLC re #393 MOTION to Strike Plaintiffs' Designation of Testimony of Albert D. Indelicato (McLeod, Yancey)
|
|
TEXT-ONLY ORDER withdrawing #393 MOTION to Strike Plaintiffs' Designation of Testimony of Albert D. Indelicato Text of Order: The Defendant's Motion to Strike is deemed withdrawn. So Ordered. Entered by Chief Judge Martin Reidinger on 12/16/21. (LMR)
|
|
TEXT-ONLY ORDER denying #422 MOTION for Reconsideration re #337 Order on Motion in Limine, Plaintiff's Cross-Motion for Reconsideration of Court's December 6, 2021 Order filed by David L. Settlemyer, Jan Settlemyer Text of Order: The Plaintiffs' Motion for Reconsideration is denied. So Ordered. Entered by Chief Judge Martin Reidinger on 12/16/21. (LMR)
|
|
ORAL ORDER granting in part and denying in part the Defendants' #295 , #312 , and #319 Omnibus Motions in Limine; granting in part, denying in part and withdrawing in part David L. Settlemyer's #324 Omnibus Motion in Limine; granting Borg-Warner Morse Tec, LLC's #318 Motion in Limine; and denying Pneumo Abex, LLC's #297 , #299 , #303 , #305 Motions in Limine, Borg-Warner Morse Tec, LLC's #310 , #314 , #327 Motions in Limine; and David L. Settlemyer's #326 Motion in Limine. FURTHER ORDERED that Morse Tec, LLC's #385 Motion for Reconsideration, Pneumo Abex, LLC's and Carlisle Industrial Brake & Friction, Inc.'s Motions for Summary Judgment and for Reconsideration (Docs. #387 , #389 ) are DENIED. Pneumo Abex, LLC's #393 Motion to Strike Plaintiffs' Designation of Testimony of Albert D. Indelicato is HELD OPEN, and Pneumo Abex, LLC's #395 Motion to Strike Plaintiffs' Designation of Testimony of Donald Grinter is WITHDRAWN. Entered by Chief Judge Martin Reidinger on 12/14/2021. (hms)
|
|
Filing 422
MOTION for Reconsideration re #337 Order on Motion in Limine, Plaintiff's Cross-Motion for Reconsideration of Court's December 6, 2021 Order by David L. Settlemyer, Jan Settlemyer. Responses due by 12/28/2021 (Attachments: #1 Exhibit 1- Holstein Report, #2 Exhibit 2- Helsinki Criteria, #3 Exhibit 3- Consensus Report, #4 Exhibit 4- Reference Manual, #5 Exhibit 5- Expert Witness Disclosure, #6 Exhibit 6- Staggs Report 10.14.20, #7 Exhibit 7- Staggs Report 3.1.21, #8 Exhibit 8- Staggs Depo) (Neilson, Todd). Motions referred to W. Carleton Metcalf. Modified text on 12/15/2021 (rhf).
|
|
Filing 421
TRIAL BRIEF by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Minute Entry: FINAL PRETRIAL CONFERENCE held before Chief Judge Martin Reidinger. The Court heard arguments of counsel re pending motions. Plaintiffs' Attorneys: Gary DiMuzio, James M. Kramer, William M. Graham, John B. Wetmore. Attorneys for Defendant Carlisle Industrial Brake & Friction, Inc.: Eric G. Sauls, Timothy McGowan. Attorneys for Defendant Pneumo Abex, LLC: Johan D. Flynn, John Michael Fitzpatrick, Kimberly Sullivan, Yancey A. McLeod. Attorneys for Defendant Morse TEC LLC: Dyanna Ballou, Gerald Anderson Stein, II. Court reporter: Cheryl Nuccio 704-350-7494. (hms)
|
|
Filing 420
Proposed JURY VERDICT by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 419
Proposed Jury Instructions by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 418
Proposed Findings of Fact by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 417
Exhibit List by Pneumo Abex, LLC.(McLeod, Yancey)
|
|
Filing 416
TRIAL BRIEF by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 415
Proposed Findings of Fact by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 414
Proposed Jury Instructions by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 413
Proposed JURY VERDICT by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 412
RESPONSE in Support re #389 MOTION for Summary Judgment and for Reconsideration, #385 MOTION for Reconsideration , #387 MOTION for Summary Judgment and for Reconsideration by Carlisle Industrial Brake & Friction, Inc., Morse TEC LLC, Pneumo Abex, LLC. (Attachments: #1 Exhibit A - Unpublished Opinion)(Sauls, Eric) Modified text on 12/14/2021 (hms).
|
|
Filing 411
Proposed Findings of Fact by Morse TEC LLC(Stein, Gerald)
|
|
Filing 410
Proposed Jury Instructions by Morse TEC LLC(Stein, Gerald)
|
|
Filing 409
Proposed Issue by Morse TEC LLC (Stein, Gerald)
|
|
Filing 408
TRIAL BRIEF by Morse TEC LLC(Stein, Gerald)
|
|
Filing 407
Proposed Findings of Fact by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
|
|
Filing 406
Proposed JURY VERDICT by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
|
|
Filing 405
Proposed Jury Instructions by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
|
|
Filing 404
TRIAL BRIEF by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
|
|
Filing 403
NOTICE of Withdrawal of Previously Filed Page and Line Designations Partial Withdrawal by David L. Settlemyer, Jan Settlemyer re #323 Excerpts of Deposition Testimony (Neilson, Todd)
|
|
Filing 402
Excerpts of Deposition Testimony of Dr. Philip C. Pratt (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 401
Excerpts of Deposition Testimony of John Hess (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 400
Excerpts of Deposition Testimony of Plaintiffs' Page and Line Designation Transcript Excerpts (Sealed - Participants) by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
|
|
Filing 399
Excerpts of Deposition Testimony of Plaintiffs' Objections and Counter-Designations to Defendants' Counter Page and Line Designations of Deposition and/or Trial Testimony (Sealed - Participants) by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
|
|
Filing 398
NOTICE of Withdrawal of Previously Filed Page and Line Designations Partial Withdrawal by David L. Settlemyer, Jan Settlemyer re #323 Excerpts of Deposition Testimony (Neilson, Todd)
|
|
Filing 397
ORDER granting #391 Motion for Leave to Appear Pro Hac Vice, added John B, Wetmore, Jr. for David L. Settlemyer and Jan Settlemyer (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 12/10/2021. (ejb)
|
|
Notice to Attorney John B. Wetmore, Jr.: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.) Deadline by 12/17/2021. (ejb)
|
|
Filing 396
MEMORANDUM in Support re #395 MOTION to Strike Plaintiffs' Designation of Testimony of Donald Grinter by Pneumo Abex, LLC. (Attachments: #1 Exhibit A - Affidavit of Robert W. Scott)(McLeod, Yancey)
|
|
Filing 395
MOTION to Strike Plaintiffs' Designation of Testimony of Donald Grinter by Pneumo Abex, LLC. Responses due by 12/23/2021 (McLeod, Yancey)
|
|
Filing 394
MEMORANDUM in Support re #393 MOTION to Strike Plaintiffs' Designation of Testimony of Albert D. Indelicato by Pneumo Abex, LLC. (McLeod, Yancey)
|
|
Filing 393
MOTION to Strike Plaintiffs' Designation of Testimony of Albert D. Indelicato by Pneumo Abex, LLC. Responses due by 12/23/2021 (McLeod, Yancey)
|
|
Filing 392
RESPONSE to Defendants' Motions for Summary Judgment and for Reconsideration and Cross-Motion for Reconsideration of Court's December 6, 2021 Order by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Ewing Report 06.05.20, #2 Exhibit 2 - Holstein Report 10.15.20, #3 Exhibit 3 - 2014 Helsinki Criteria, #4 Exhibit 4 - Consensus Report, The Helsinki Criteria for Diagnosis, 1997, #5 Exhibit 5 - Reference Manual on Scientific Evidence, Third Edition (2011), #6 Exhibit 6 - 2020 10 15 Expert Witness Disclosure (Settlemyer), #7 Exhibit 7 - Staggs Report 10.14.20, #8 Exhibit 8 - Staggs Report 3.1.21, #9 Exhibit 9- Staggs Depo)(Neilson, Todd)
|
|
Filing 391
MOTION for Leave to Appear Pro Hac Vice as to JOHN B. WETMORE, JR. Filing fee $ 288, receipt number ANCWDC-5353276. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Proposed Order for John B. Wetmore, Jr.) (Graham, William). Motions referred to W. Carleton Metcalf.
|
|
Filing 390
MEMORANDUM in Support re #389 MOTION for Summary Judgment and for Reconsideration by Carlisle Industrial Brake & Friction, Inc.. (Sauls, Eric)
|
|
Filing 389
MOTION for Summary Judgment and for Reconsideration by Carlisle Industrial Brake & Friction, Inc.. Responses due by 12/22/2021 (Sauls, Eric)
|
|
Filing 388
MEMORANDUM in Support re #387 MOTION for Summary Judgment and for Reconsideration by Pneumo Abex, LLC. (McLeod, Yancey)
|
|
Filing 387
MOTION for Summary Judgment and for Reconsideration by Pneumo Abex, LLC. Responses due by 12/22/2021 (McLeod, Yancey)
|
|
Filing 386
MEMORANDUM in Support re #385 MOTION for Reconsideration by Morse TEC LLC. (Stein, Gerald)
|
|
Filing 385
MOTION for Reconsideration by Morse TEC LLC. Responses due by 12/22/2021 (Stein, Gerald). Motions referred to W. Carleton Metcalf.
|
|
TEXT-ONLY ORDER Text of Order: All counsel of record who intends to appear at the trial of this matter shall be present for the final pretrial conference scheduled for December 14, 2021. So Ordered. Entered at the direction of Chief Judge Martin Reidinger on 12/8/2021. (ejb)
|
|
Filing 384
RESPONSE in Opposition re #327 MOTION in Limine to Preclude Admission of or Reference to the Welch Documents filed by Morse Tec LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Laura Welch, Asb Exp Causes Meso, but Not This Asb. Exp., 2007, #2 Exhibit 2 - Muldoon v. Ford Motor)(Neilson, Todd)
|
|
Filing 383
RESPONSE in Opposition re #319 MOTION in Limine (Omnibus) filed by Carlisle Brake & Friction, Inc. by David L. Settlemyer, Jan Settlemyer. (Neilson, Todd)
|
|
Filing 382
RESPONSE in Opposition re #318 MOTION in Limine to Preclude Testimony that "Each and Every Exposure" to Asbestos Can Cause Mesothelioma filed by Morse Tec LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Consensus Report, The Helsinki Criteria for Diagnosis, 1997, #2 Exhibit 2 - 2014 Helsinki Criteria, #3 Exhibit 3 - Philip Landrigan, The Hazards of Chrysotile Asbestos, 1999, #4 Exhibit 4 - Gunnar Hillerdal, Meso-Cases Assoc. with Non-Occup. & Low Dose Exp., 1999, #5 Exhibit 5 - NIOSH Workplace Exposure to Asbestos, 1980, #6 Exhibit 6 - OSHA 2014, #7 Exhibit 7 - Iwatsubo Y., Pleural Meso, Dose Response in French Population, 1998, #8 Exhibit 8 - 2001 Rodelsperger Factors for diffuse malignant mesothelioma, #9 Exhibit 9 - Rolland Article, #10 Exhibit 10 - 2014 Lacourt Occ Nonocc low dose chrysotile, #11 Exhibit 11 - Markowitz 2015)(Neilson, Todd)
|
|
Filing 381
RESPONSE in Opposition re #314 MOTION in Limine EPA Document Entitled "Guide for Preventing Asbestos Disease Among Auto Mechanics filed by Morse Tec LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - EPA Pamphlet (June 1986) Guidance for Auto Mechanic, #2 Exhibit 2 - 2007 EPA Announcement)(Neilson, Todd)
|
|
Filing 380
RESPONSE in Opposition re #312 MOTION in Limine Omnibus filed by Morse Tec LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Depo of William Cline)(Neilson, Todd)
|
|
Filing 379
RESPONSE in Opposition re #310 MOTION in Limine 1986 EPA Video Entitled "Don't Blow It" filed by Morse Tec LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Coogan v. Borg-Warner, #2 Exhibit 2 - Muldoon v. Ford Motor - Trial Transcript, #3 Exhibit 3 - English v. Borg-Warner - Trial Trans, #4 Exhibit 4 - Stockton v. Ford - Pre-Trial Motion Order, #5 Exhibit 5 - Pavlick v. Advance Stores Inc - Order)(Neilson, Todd)
|
|
Filing 378
RESPONSE in Opposition re #305 MOTION in Limine (Exclude Evidence Related to Australian Mesothelioma Registry) filed by Pneumo Abex LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Welch, #2 Exhibit 2 -Health Effects of Asbestos Exposure in Humans A Quantitative Assessment, #3 Exhibit 3 - Roggli Affidavit, #4 Exhibit 4-Checkoway, RESEARCH METHODS IN OCCUPATIONAL EPIDEMIOLOGY 248 2d ed. 2004, #5 Exhibit 5 - Federal Reference Manual on Scientific Evidence, #6 Exhibit 6 - 2002_'Malignant Meso in Australia 45-00' by J. Leigh, 2002, #7 Exhibit 7 - Final Pretrial Conference Transcript)(Neilson, Todd)
|
|
Filing 377
RESPONSE in Opposition re #303 MOTION in Limine (Exclude Corporate Conduct) filed by Pneumo Abex LLC by David L. Settlemyer, Jan Settlemyer. (Neilson, Todd)
|
|
Filing 376
RESPONSE in Opposition re #301 MOTION in Limine (Preclude "Every Exposure" Testimony) filed by Pneumo Abex LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Consensus Report, The Helsinki Criteria for Diagnosis, 1997, #2 Exhibit 2 - 2014 Helsinki Criteria, #3 Exhibit 3 - Philip Landrigan, The Hazards of Chrysotile Asbestos, 1999, #4 Exhibit 4 - Gunnar Hillerdal, Meso-Cases Assoc. with Non-Occup. & Low Dose Exp., 1999, #5 Exhibit 5 - NIOSH Workplace Exposure to Asbestos, 1980, #6 Exhibit 6 - OSHA 2014, #7 Exhibit 7 - Iwatsubo Y., Pleural Meso, Dose Response in French Population, 1998, #8 Exhibit 8 - 2001 Rodelsperger Factors for diffuse malignant mesothelioma, #9 Exhibit 9 - Rolland Article, #10 Exhibit 10 - 2014 Lacourt Article, #11 Exhibit 11 - Markowitz 2015)(Neilson, Todd)
|
|
Filing 375
RESPONSE in Opposition re #299 MOTION in Limine (Exclude Foreign Bans on Importation of Chrysotile) Asbestos filed by Pneumo Abex LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Final Pretrial Conference)(Neilson, Todd)
|
|
Filing 374
RESPONSE in Opposition re #297 MOTION in Limine (Exclude Government Precautionary Statements) about Asbestos filed by Pneumo Abex LLC by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Gold Book, #2 Exhibit 2 - 2010_The Case for a Global Ban on Asb, #3 Exhibit 3 - Markowitz Article 2015, #4 Exhibit 4 - Consensus Report, Helsinki Criteria for Diagnosis (1997), #5 Exhibit 5 - GAO Report)(Neilson, Todd)
|
|
Filing 373
RESPONSE in Opposition re #295 MOTION in Limine (Omnibus) Pneumo Abex LLC's Omnibus Motion in Limine by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Exhibit 1 - Ltr to Conway from Knoch 7.2.1981, #2 Exhibit 2 - Depo of William Cline)(Neilson, Todd)
|
|
Filing 372
Excerpts of Deposition Testimony of Louis Merz (3/08/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
|
|
Filing 371
Excerpts of Deposition Testimony of William Cline (3/09/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
|
|
Filing 370
Excerpts of Deposition Testimony of Terry K. Lindquist (6/21/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
|
|
Filing 369
Excerpts of Deposition Testimony of Richard Rosenberg (3/31/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
|
|
Filing 368
Excerpts of Deposition Testimony of Terry K. Lindquist (5/17/95) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
|
|
Filing 367
Excerpts of Deposition Testimony of Richard Anderson (3/7/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
|
|
Filing 366
RESPONSE in Opposition re #326 MOTION in Limine Plaintiffs' Motion in Limine to Exclude Re: Speculative Alternate Exposures by Pneumo Abex, LLC. Replies due by 12/14/2021 (Attachments: #1 Exhibit A - Settlemyer Medical Record (Redacted), #2 Exhibit B - Garabrant Article, #3 Exhibit C - Alexander Report, #4 Exhibit D - Oury Report, #5 Exhibit E - Oury Reliance Materials, #6 Exhibit F - Crapo Report, #7 Exhibit G - Crapo Reference List, #8 Exhibit H - Holstein Report, #9 Exhibit I - Oury Deposition, #10 Exhibit J - Crapo Deposition, #11 Exhibit K - Staggs Report, #12 Exhibit L - Staggs Declaration, #13 Exhibit M - Butnor/Sporn Article, #14 Exhibit N - Kanarek Report, #15 Exhibit O - Roggli/Sharma Article, #16 Exhibit P - Kanarek Reliance List, #17 Exhibit Q - Finn Deposition, #18 Exhibit R - Settlemyer Vol. I Deposition)(McLeod, Yancey)
|
|
Filing 365
RESPONSE in Opposition re #324 MOTION in Limine Plaintiffs' Omnibus Motion in Limine by Pneumo Abex, LLC. Replies due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 364
RESPONSE to Motion re #324 MOTION in Limine Plaintiffs' Omnibus Motion in Limine by Carlisle Industrial Brake & Friction, Inc.. Replies due by 12/14/2021 (Sauls, Eric)
|
|
Filing 363
Excerpts of Deposition Testimony of Robert Tami (2.11.1992) - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 362
Excerpts of Deposition Testimony of Robert Tami (3.16.1988) - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 361
Excerpts of Deposition Testimony of Gary L. Devallance - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 360
Excerpts of Deposition Testimony of Ronald Creamer (3.2.2011) - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 359
Excerpts of Deposition Testimony of Ronald Creamer (2.19.2021) - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 358
Excerpts of Deposition Testimony of Kenneth Sorrels (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 357
Excerpts of Deposition Testimony of Robert E. Nelson (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 356
Excerpts of Deposition Testimony of Vivian Lingle (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 355
Excerpts of Deposition Testimony of Dexter Kenfield (2006-02-16) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 354
Excerpts of Deposition Testimony of Albert Indelicato (2012-06-26) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 353
Excerpts of Deposition Testimony of Albert Indelicato (2011-09-26) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 352
Excerpts of Deposition Testimony of Albert Indelicato (2011-06-29) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 351
Excerpts of Deposition Testimony of Albert Indelicato (2011-06-28) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 350
Excerpts of Deposition Testimony of Philip H. Grim, Jr. (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 349
Excerpts of Deposition Testimony of Janet Dunderdale (3.3.2011) - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 348
Excerpts of Deposition Testimony of Ronald Bagley (2020-12-15) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 347
Excerpts of Deposition Testimony of Ronald Bagley (2020-12-04) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 346
Excerpts of Deposition Testimony of Donald Grinter (2010-02-02) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 345
Excerpts of Deposition Testimony of Donald Grinter (2010-01-27) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 344
Excerpts of Deposition Testimony of Earle Bretz (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
|
|
Filing 343
Excerpts of Deposition Testimony of Robert Kickel (3.11.2011) - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 342
Plaintiffs' Objections and Counter-Designations to Defendants' Preliminary Page and Line Designations of Deposition and/or Trial Testimony, by David L. Settlemyer, Jan Settlemyer. (Neilson, Todd) Modified text on 12/8/2021 (hms).
|
|
Filing 341
BorgWarner Morse TEC's Objections and Counter Designations to Plaintiff's' Page and Line Designations of Witnesses, by Borg-Warner Morse Tec, LLC. (Stein, Gerald) Modified text on 12/8/2021 (hms).
|
|
Filing 340
RESPONSE in Opposition re #326 MOTION in Limine Plaintiffs' Motion in Limine to Exclude Re: Speculative Alternate Exposures by Borg-Warner Morse Tec, LLC. Replies due by 12/14/2021 (Attachments: #1 Exhibit A- Iredell Memorial Hospital Records, #2 Exhibit B-Settlemyer Depo Vol. I)(Stein, Gerald)
|
|
Filing 339
RESPONSE in Opposition re #324 MOTION in Limine Plaintiffs' Omnibus Motion in Limine by Borg-Warner Morse Tec, LLC. Replies due by 12/14/2021 (Stein, Gerald)
|
|
Filing 338
RESPONSE in Opposition re #326 MOTION in Limine Plaintiffs' Motion in Limine to Exclude Re: Speculative Alternate Exposures by Carlisle Industrial Brake & Friction, Inc.. Replies due by 12/14/2021 (Sauls, Eric)
|
|
Filing 337
MEMORANDUM OF DECISION AND ORDER that: (1) Defts' #171 , #179 , #180 , #184 , #188 and #196 Daubert Motions to Exclude the Testimony of the Pltfs' Expert Edwin Holstein are GRANTED; (2) Deft Daimler Trucks North America LLC's #205 Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation is GRANTED; (3) Pltfs' #178 Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony is GRANTED IN PART and DENIED IN PART as set forth in this Order; and Pltfs' #202 Daubert Motion to Exclude the Causation Opinions of Defts' Expert Witnesses is DENIED AS MOOT. Signed by Chief Judge Martin Reidinger on 12/6/2021. (ejb)
|
|
Filing 336
MEMORANDUM OF DECISION AND ORDER that the Defts' #173 , #186 , #195 , #199 , and #207 MOTIONS for Summary Judgment are GRANTED, and Pltfs' claims against Defts Eaton Corporation, BWDAC, Inc., ZF Active Safety US Inc., PACCAR, Inc., and Daimler Trucks North America LLC are DISMISSED WITH PREJUDICE. Signed by Chief Judge Martin Reidinger on 12/6/2021. (This is the written Order following the Second Text-Order Order entered 11/18/2021. *These Defts were previously terminated from this case on 11/18/2021.) (ejb) Modified *text on 12/6/2021 (ejb).
|
|
Filing 335
ORDER granting #332 Motion for Leave to Appear Pro Hac Vice, added James M. Kramer for David L. Settlemyer and Jan Settlemyer. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 12/2/2021. (ejb)
|
|
Filing 334
ORDER granting #331 Motion for Leave to Appear Pro Hac Vice, added Gary DiMuzio for David L. Settlemyer and Jan Settlemyer, (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 12/2/2021. (ejb)
|
|
Filing 333
ORDER granting #330 Motion for Leave to Appear Pro Hac Vice, added Dyanna Ballou for Morse TEC LLC formerly known as BorgWarner Morse TEC, LLC as successor to Borg-Warner Corporation. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 12/2/2021. (ejb)
|
|
Filing 332
MOTION for Leave to Appear Pro Hac Vice as to James M. Kramer Filing fee $ 288, receipt number ANCWDC-5341951. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 *Proposed Order for James M. Kramer) (Graham, William). Motions referred to W. Carleton Metcalf. Modified *text on 12/2/2021 (ejb).
|
|
Filing 331
MOTION for Leave to Appear Pro Hac Vice as to Gary DiMuzio Filing fee $ 288, receipt number ANCWDC-5341933. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 *Proposed Order for Gary DiMuzio) (Graham, William). Motions referred to W. Carleton Metcalf. Modified *text on 12/2/2021 (ejb).
|
|
Filing 330
MOTION for Leave to Appear Pro Hac Vice as to Dyanna Ballou Filing fee $ 288, receipt number ANCWDC-5341789. by Borg-Warner Morse Tec, LLC. (Stein, Gerald). Motions referred to W. Carleton Metcalf.
|
|
Notice to Attorney Gary DiMuzio: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.). Deadline by 12/9/2021. (ejb)
|
|
Notice to Attorney Dyanna Ballou: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF). Deadline by 12/9/2021. (ejb)
|
|
Notice to Attorney James M. Kramer: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.) Deadline by 12/9/2021. (ejb)
|
|
Filing 329
MEMORANDUM in Support re #326 MOTION in Limine Plaintiffs' Motion in Limine to Exclude Re: Speculative Alternate Exposures Plaintiffs Memorandum of Law in Support of Motion in Limine Re: Speculative Alternate Exposures by David L. Settlemyer. (Attachments: #1 Exhibit 1- Trial Depo, #2 Exhibit 2- Pathology Report, #3 Exhibit 3- Answers to Interrogatories, #4 Exhibit 4- Ewing Report, #5 Exhibit 5- Holstein Report, #6 Exhibit 6- Staggs Report, #7 Exhibit 7- Crapo Report, #8 Exhibit 8- Oury Report, #9 Exhibit 9- Finn Report, #10 Exhibit 10- Crapo Depo, #11 Exhibit 11- Oury Depo, #12 Exhibit 12- Finn Depo)(Neilson, Todd)
|
|
Filing 328
MEMORANDUM in Support re #327 MOTION in Limine to Preclude Admission of or Reference to the Welch Documents by Borg-Warner Morse Tec, LLC. (Attachments: #1 Exhibit A- Article by Laura Welch, MD)(Stein, Gerald)
|
|
Filing 327
MOTION in Limine to Preclude Admission of or Reference to the Welch Documents by Borg-Warner Morse Tec, LLC. Responses due by 12/14/2021 (Stein, Gerald)
|
|
Filing 326
MOTION in Limine Plaintiffs' Motion in Limine to Exclude Re: Speculative Alternate Exposures by David L. Settlemyer. Responses due by 12/14/2021 (Neilson, Todd)
|
|
Filing 325
MEMORANDUM in Support re #324 MOTION in Limine Plaintiffs' Omnibus Motion in Limine Plaintiff's Brief in Support of Omnibus Motion in Limine by David L. Settlemyer. (Neilson, Todd)
|
|
Filing 324
MOTION in Limine Plaintiffs' Omnibus Motion in Limine by David L. Settlemyer. Responses due by 12/14/2021 (Neilson, Todd)
|
|
Filing 323
Excerpts of Deposition Testimony of Plaintiff's Deposition and/or Trial Testimony Designations (Sealed - Participants) by David L. Settlemyer(Neilson, Todd)
|
|
Filing 322
NOTICE of Joinder of Defendant Borg-Warner Morse Tec's Motion in Limine to Preclude Admission of or Reference to the EPA Document Entitled "Guide for Preventing Asbestos Disease Among Auto Mechanics" by Carlisle Industrial Brake & Friction, Inc. re #314 MOTION in Limine EPA Document Entitled "Guide for Preventing Asbestos Disease Among Auto Mechanics (Sauls, Eric)
|
|
Filing 321
MEMORANDUM in Support re #318 MOTION in Limine to Preclude Testimony that "Each and Every Exposure" to Asbestos Can Cause Mesothelioma by Borg-Warner Morse Tec, LLC. (Attachments: #1 Exhibit A-William Ewing Deposition, #2 Exhibit B- Dr. Marty Kanarek Deposition Transcript, #3 Exhibit C- Dr. Edwin Holstein Report, #4 Exhibit D- Dr. Arnold Brody Report)(Stein, Gerald)
|
|
Filing 320
MEMORANDUM in Support re #319 MOTION in Limine (Omnibus) by Carlisle Industrial Brake & Friction, Inc.. (Sauls, Eric)
|
|
Filing 319
MOTION in Limine (Omnibus) by Carlisle Industrial Brake & Friction, Inc.. Responses due by 12/14/2021 (Sauls, Eric)
|
|
Filing 318
MOTION in Limine to Preclude Testimony that "Each and Every Exposure" to Asbestos Can Cause Mesothelioma by Borg-Warner Morse Tec, LLC. Responses due by 12/14/2021 (Stein, Gerald)
|
|
Filing 317
Excerpts of Deposition Testimony of Dr. Philip C. Pratt (Sealed - Participants) by Pneumo Abex, LLC (Attachments: #1 Exhibit A - Pratt Transcript)(McLeod, Yancey)
|
|
Filing 316
Excerpts of Deposition Testimony of John Hess (Sealed - Participants) by Pneumo Abex, LLC (Attachments: #1 Exhibit A - Hess Transcript)(McLeod, Yancey)
|
|
Filing 315
MEMORANDUM in Support re #314 MOTION in Limine EPA Document Entitled "Guide for Preventing Asbestos Disease Among Auto Mechanics by Borg-Warner Morse Tec, LLC. (Attachments: #1 Exhibit A- EPA's "Guidance for Preventing Asbestos Disease Among Auto Mechanics", #2 Exhibit B- 2007 EPA Pamphlet Federal Register, #3 Exhibit C- "Gold Book")(Stein, Gerald)
|
|
Filing 314
MOTION in Limine EPA Document Entitled "Guide for Preventing Asbestos Disease Among Auto Mechanics by Borg-Warner Morse Tec, LLC. Responses due by 12/14/2021 (Stein, Gerald)
|
|
Filing 313
MEMORANDUM in Support re #312 MOTION in Limine Omnibus by Borg-Warner Morse Tec, LLC. (Stein, Gerald)
|
|
Filing 312
MOTION in Limine Omnibus by Borg-Warner Morse Tec, LLC. Responses due by 12/14/2021 (Stein, Gerald)
|
|
Filing 311
MEMORANDUM in Support re #310 MOTION in Limine 1986 EPA Video Entitled "Don't Blow It" by Borg-Warner Morse Tec, LLC. (Attachments: #1 Exhibit A-EPA Transcript of "Don't Blow It" Video)(Stein, Gerald)
|
|
Filing 310
MOTION in Limine 1986 EPA Video Entitled "Don't Blow It" by Borg-Warner Morse Tec, LLC. Responses due by 12/14/2021 (Stein, Gerald)
|
|
Filing 309
NOTICE of Joinder of Defendant Pneumo Abex LLC's Motion in Limine to Exclude Expert Testimony Regarding Corporate Conduct by Carlisle Industrial Brake & Friction, Inc. re #303 MOTION in Limine (Exclude Corporate Conduct) (Sauls, Eric)
|
|
Filing 308
NOTICE of Joinder of Defendant Pneumo Abex LLC's Motion in Limine to Exclude Evidence of Government Precautionary Statements about Asbestos by Carlisle Industrial Brake & Friction, Inc. re #297 MOTION in Limine (Exclude Government Precautionary Statements) (Sauls, Eric)
|
|
Filing 307
NOTICE of Joinder of Defendant Pneumo Abex LLC's Motion In Limine to Exclude Evidence of Foreign Bans on the Importation of Chrysotile Asbestos by Carlisle Industrial Brake & Friction, Inc. re #299 MOTION in Limine (Exclude Foreign Bans on Importation of Chrysotile) (Sauls, Eric)
|
|
Filing 306
MEMORANDUM in Support re #305 MOTION in Limine (Exclude Evidence Related to Australian Mesothelioma Registry) by Pneumo Abex, LLC. (Attachments: #1 Exhibit A - Epidemiology of Malignant Mesothelioma, #2 Exhibit B - Leigh Transcript Vol. I, #3 Exhibit C - Leigh Transcript Vol. II, #4 Exhibit D - Australian Mesothelioma Register Report, #5 Exhibit E - Blank Register Notification Form, #6 Exhibit F - Hershberger v. Ethicon, #7 Exhibit G - Reeps Opinion, #8 Exhibit H - In re: Diet Drugs Opinion)(McLeod, Yancey)
|
|
Filing 305
MOTION in Limine (Exclude Evidence Related to Australian Mesothelioma Registry) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 304
MEMORANDUM in Support re #303 MOTION in Limine (Exclude Corporate Conduct) by Pneumo Abex, LLC. (Attachments: #1 Exhibit A - Hall Opinion)(McLeod, Yancey)
|
|
Filing 303
MOTION in Limine (Exclude Corporate Conduct) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 302
MEMORANDUM in Support re #301 MOTION in Limine (Preclude "Every Exposure" Testimony) by Pneumo Abex, LLC. (Attachments: #1 Exhibit 1 - Phillips Hearing Transcript, #2 Exhibit 2 - Free v. Ametek, #3 Exhibit 3 - Brody Transcript (Baxter), #4 Exhibit 4 - In re: Garlock, #5 Exhibit 5 - Basile v. American Honda, #6 Exhibit 6 - Vince v. Crane Company, #7 Exhibit 7 - In re: Toxic Substance Cases)(McLeod, Yancey)
|
|
Filing 301
MOTION in Limine (Preclude "Every Exposure" Testimony) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 300
MEMORANDUM in Support re #299 MOTION in Limine (Exclude Foreign Bans on Importation of Chrysotile) by Pneumo Abex, LLC. (Attachments: #1 Exhibit A - In re Seroquel Opinion)(McLeod, Yancey)
|
|
Filing 299
MOTION in Limine (Exclude Foreign Bans on Importation of Chrysotile) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 298
MEMORANDUM in Support re #297 MOTION in Limine (Exclude Government Precautionary Statements) by Pneumo Abex, LLC. (Attachments: #1 Exhibit A - 1986 EPA Booklet, #2 Exhibit B - EPA Brochure, #3 Exhibit C - Abex Exhibit 930, #4 Exhibit D - Abex Exhibit 931)(McLeod, Yancey)
|
|
Filing 297
MOTION in Limine (Exclude Government Precautionary Statements) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 296
MEMORANDUM in Support re #295 MOTION in Limine (Omnibus) by Pneumo Abex, LLC. (McLeod, Yancey)
|
|
Filing 295
MOTION in Limine (Omnibus) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
|
|
Filing 294
Excerpts of Deposition Testimony of John Hess (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
|
|
Filing 293
ORDER denying AS MOOT #192 Defendant CRA Trailers, Inc.'s Motion to Exclude the Testimony of Edwin C. Holstein, M.D. and #203 Motion for Summary Judgment. FURTHER ORDERED granting #292 Joint Motion to Dismiss, and all the Plaintiffs' claims against the Defendant CRA Trailers, Inc., f/k/a Great Dane Trailers, Inc., are hereby DISMISSED WITH PREJUDICE. Signed by Chief Judge Martin Reidinger on 11/18/2021. (hms) Modified text on 11/19/2021. (khm)
|
|
TEXT-ONLY ORDER granting #173 , #186 , #195 , #199 and #207 Motions for Summary Judgment. Text of Order: ORDER granting the #173 MOTION for Summary Judgment by Eaton Corporation, #186 MOTION for Summary Judgment by BWDAC Inc., #195 MOTION for Summary Judgment by ZF Active Safety US Inc., #199 MOTION for Summary Judgment by Paccar, Inc., and #207 MOTION for Summary Judgment by Daimler Trucks North America LLC. So Ordered. Written Order to follow. Entered by Chief Judge Martin Reidinger on 11/18/2021. (khm)
|
|
TEXT-ONLY ORDER denying #176 , #182 , #190 and #194 Motions for Summary Judgment. Text of Order: Order that the Plaintiff's #176 Motion for Partial Summary Judgment, #182 Morse TEC LLC's Motion for Partial Summary Judgment, #190 Carlisle Industrial Brake & Friction, Inc.'s Motion for Summary Judgment, and #194 Pneumo Abex's Motion for Summary Judgment are DENIED. So Ordered. Entered by Chief Judge Martin Reidinger on 11/18/2021. (khm)
|
|
Filing 292
Joint MOTION to Dismiss CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. by CRA Trailers Inc.. Responses due by 11/23/2021 (Attachments: #1 Proposed Order) (Jones, Kelly). Motions referred to W. Carleton Metcalf.
|
|
NOTICE of Hearing: Final Pretrial Conference set for 12/14/2021 at 2:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
|
|
Filing 291
SUPPLEMENTAL Pretrial Order and Case Management Plan. Signed by Chief Judge Martin Reidinger on 11/8/2021. (hms)
|
|
Reset Hearings: Jury Trial set for 1/10/2022 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. (rhf)
|
|
Filing 290
ORDER that the trial of this matter is hereby CONTINUED to the Court's 1/10/2022 trial term. (Jury Trial set for 1/10/2022 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger.) Signed by Chief Judge Martin Reidinger on 9/20/2021. (rhf) Modified text on 9/21/2021 (rhf).
|
|
NOTICE of Cancellation of Final Pretrial Conference scheduled for 8/26/2021, to be rescheduled at a later date. (khm)
|
|
Set/Reset Hearings: Jury Trial currently set for 9/13/2021 is CONTINUED and RESET for 11/15/2021 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. (khm)
|
|
Minute Entry: MOTION HEARING held before Chief Judge Martin Reidinger re MOTIONS for Summary Judgment and re Daubert Motions to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein. Motions taken under advisement, order to issue. Plaintiffs attorneys: William Graham, William Kohlburn. Defendants attorneys: Gerald Stein, II, Vincent J. Palmiotto, William Early, Eric Sauls, Kelly Jones, Jonathan Massell, David Burkoff, Tracy Tomlin, Gina Marie Von Oehsen Cleary, Richard Boyette, Amy Drayton, P. Saxon Guerriere, Kimberly Sullivan, Yancy McLeod, III, Moffatt McDonald. Court reporter: Tracy Dunlap, 828-771-7217. (khm)
|
|
Filing 289
NOTICE of Appearance by Vincent J. Palmiotto on behalf of BWDAC Inc. (Palmiotto, Vincent)
|
|
Filing 288
NOTICE of Appearance by William A. Kohlburn on behalf of David L. Settlemyer, Jan Settlemyer (Kohlburn, William)
|
|
Filing 287
ORDER granting #286 Motion for Leave to Appear Pro Hac Vice added Vincent J. Palmiotto for BWDAC Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 6/16/2021. (rhf)
|
|
Filing 286
MOTION for Leave to Appear Pro Hac Vice as to Vincent J Palmiotto Filing fee $ 288, receipt number 0419-5077350. by BWDAC Inc.. (Attachments: #1 Proposed Order Proposed Order) (Lambeth, Carter). Motions referred to W. Carleton Metcalf.
|
|
Notice to Vincent J. Palmiotto: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. (Attorney served via NEF) Deadline by 6/23/2021. (rhf)
|
|
Filing 285
ORDER granting #284 Motion for Leave to Appear Pro Hac Vice added William A. Kohlburn for David L. Settlemyer and Jan Settlemyer. (Pro Hac Vice Attorney served via NEF) Signed by Magistrate Judge W. Carleton Metcalf on 6/15/2021. (rhf)
|
|
Filing 284
MOTION for Leave to Appear Pro Hac Vice as to William A. Kohlburn Filing fee $ 288, receipt number 0419-5075338. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Proposed Order Admitting William A. Kohlburn) (Graham, William). Motions referred to W. Carleton Metcalf.
|
|
Notice to William A. Kohlburn: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. (Attorney served via NEF) Deadline by 6/22/2021. (rhf)
|
|
Filing 283
STIPULATION of Dismissal with Prejudice of Defendant Federal Mogul Asbestos Personal Injury Trust by Federal-Mogul Asbestos Personal Injury Trust (Lang, Marie)
|
|
Filing 282
ORDER granting #281 Motion to Withdraw as Attorney, and Attorney Justin G. May is WITHDRAWN as counsel of record for Defendant Carlisle Brake & Friction, Inc. Signed by Magistrate Judge W. Carleton Metcalf on 6/1/2021. (khm)
|
|
Filing 281
MOTION to Withdraw as Attorney by Carlisle Industrial Brake & Friction, Inc.. Responses due by 6/11/2021 (May, Justin). Motions referred to W. Carleton Metcalf.
|
|
NOTICE of Hearing: Final Pretrial Conference set for 8/26/2021 at 9:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
|
|
TEXT-ONLY ORDER denying #264 Motion to Dismiss Text of Order: The Parties' Joint Motion to Dismiss Defendant Caterpillar Inc. is hereby DENIED AS MOOT. Defendant Caterpillar Inc. has already been dismissed from this action pursuant to the Parties' Joint Stipulation of Dismissal (Doc. 170). So Ordered. Entered by Chief Judge Martin Reidinger on 5/14/2021. (JD)
|
|
Filing 280
REPLY to Response to Motion re #205 MOTION in Limine Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation by Daimler Trucks North America LLC. (Attachments: #1 Exhibit A - Excerpts from Deposition of Dr. Holstein 03.08.20)(Tomlin, Tracy)
|
|
Filing 279
REPLY to Response to Motion re #192 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT EDWIN C. HOLSTEIN, M.D. by CRA Trailers Inc.. (Attachments: #1 Exhibit 1 - Holstein Deposition Transcript)(Jones, Kelly)
|
|
Filing 278
REPLY to Response to Motion re #184 MOTION in Limine Daubert Mtn to Exclude Testimony of Holstein by BWDAC Inc.. (Attachments: #1 Exhibit A - Borg-Warner Trademark Agreement - 1981, #2 Exhibit B - Kotzum Affidavit, #3 Exhibit C - Pltf's Resp to Morse TEC's MSJ, #4 Exhibit D - Holstein Report, #5 Exhibit E - Federal Register, Vol. 36, No. 234 dated December 7, 1971, #6 Exhibit F - Federal Register, Vol. 37, No. 110 dated June 7, 1972, #7 Exhibit G - Federal Regulations, 29 Labor, Parts 1900 to 1919, dated July 1, 1976, #8 Exhibit H - Federal Register, Vol. 51, No. 119 dated June 20, 1986, #9 Exhibit I - OSHA 1994 - Department of Labor Occ Safety and Health Admin, #10 Exhibit J - Finn Report, #11 Exhibit K - Ewing Report, #12 Exhibit L - Settlemyer, David L. - Vol. 1, #13 Exhibit M - Holstein Depo, August 31, 2020)(Early, William)
|
|
Filing 277
REPLY to Response to Motion re #180 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein by Borg-Warner Morse Tec, LLC. (Attachments: #1 Exhibit A - Holstein Report)(Stein, Gerald)
|
|
Filing 276
REPLY to Response to Motion re #196 MOTION in Limine to Exclude Edwin Holstein, M.D. by Carlisle Industrial Brake & Friction, Inc.. (May, Justin)
|
|
Filing 275
REPLY to Response to Motion re #201 MOTION in Limine to Exclude Flawed Data from 1938 Saranac Laboratory Experiment by Pneumo Abex, LLC. (McLeod, Yancey)
|
|
Filing 274
REPLY to Response to Motion re #171 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, as to Substantial Factor Causation by ZF Active Safety US Inc.. (Attachments: #1 Exhibit A - Settlemyer Deposition Volume 3, #2 Exhibit B - Carlisle Resp Ptf Rogs, #3 Exhibit C - Eaton Resp Ptf Rogs, #4 Exhibit D - Pneumo Abex Resp Ptf Rogs, #5 Exhibit E - Settlemyer Trial Pres Deposition, #6 Exhibit F - Holstein Deposition, #7 Exhibit G - Ewing Deposition)(McDonald, Moffatt)
|
|
Filing 273
REPLY to Response to Motion re #207 MOTION for Summary Judgment by Daimler Trucks North America LLC. (Attachments: #1 Exhibit A - Excerpts from Discovery Deposition of Mr. Settlemyer 04.17.20 Vol. III, #2 Exhibit B - Excerpts from Discovery Deposition of Mr. Settlemyer 04/16/20 Vol. II, #3 Exhibit C - Excerpts from Trial Deposition of Mr. Settlemyer 04.15&17.20, #4 Exhibit D - Excerpts from Discovery Deposition of Mr. Settlemyer 04.15.20 Vol. I)(Tomlin, Tracy)
|
|
Filing 272
REPLY to Response to Motion re #203 MOTION for Summary Judgment by CRA Trailers Inc.. (Attachments: #1 Exhibit 1 - Settlemyer Dep. Transcript, Vol. III, #2 Exhibit 2 - Daniel Carter Dep. Transcript, #3 Exhibit 3 - Settlemyer Dep. Transcript, Vol. II, #4 Exhibit 4 - Dep. Transcripts of McCluskey, Crapo, Alexander, and Oury)(Jones, Kelly)
|
|
Filing 271
REPLY to Response to Motion re #186 MOTION for Summary Judgment by BWDAC Inc.. (Attachments: #1 Exhibit A - Borg-Warner Trademark Agreement - 1981, #2 Exhibit B - Kotzum Affidavit, #3 Exhibit C - Settlemyer, David L. - Vol. II, #4 Exhibit D - Kotzum Deposition July 18, 2013, #5 Exhibit E - BWDAC's Answers to Interrogatories, #6 Exhibit F - Federal Register, Vol. 36, No. 234 dated December 7, 1971, #7 Exhibit G - Federal REgulations, 29 Labor, Parts 1900 to 1919, dated July 1, 1976, #8 Exhibit H - Federal Register, Vol. 51, No. 119 dated June 20, 1986, #9 Exhibit I - OSHA 1994-Department of Labor Occ Safety and Health Admn, #10 Exhibit J - Ewing Report, #11 Exhibit K - Finn Report, #12 Exhibit L - Federal Register, Vol. 37, No. 110 dated June 7, 1972)(Early, William)
|
|
Filing 270
REPLY to Response to Motion re #195 MOTION for Summary Judgment by ZF Active Safety US Inc.. (Attachments: #1 Exhibit A - Settlemyer Deposition Volume 3, #2 Exhibit B - Settlemyer Trial Preservation Deposition)(McDonald, Moffatt)
|
|
Filing 269
REPLY to Response to Motion re #190 MOTION for Summary Judgment by Carlisle Industrial Brake & Friction, Inc.. (May, Justin)
|
|
Filing 268
REPLY to Response to Motion re #182 MOTION for Partial Summary Judgment by Morse TEC LLC. (Attachments: #1 Exhibit A- Deposition Transcript David Settlemyer-Vol. I, #2 Exhibit B-Deposition Transcript David Settlemyer-Vol. II)(Stein, Gerald)
|
|
Filing 267
REPLY to Response to Motion re #179 MOTION in Limine to Exclude Testimony of Edwin Holstein by Pneumo Abex, LLC. (Attachments: #1 Exhibit C Excerpts from Holstein Deposition)(McLeod, Yancey)
|
|
Filing 266
REPLY to Response to Motion re #194 MOTION for Summary Judgment by Pneumo Abex, LLC. (Attachments: #1 Exhibit A Consolidated Trucking Response to Subpoena, #2 Exhibit B Excerpts from Trial Preservation Deposition, #3 Exhibit C Excerpts from Discovery Vol. 1 Deposition, #4 Exhibit D Excerpts from John Hess Deposition, #5 Exhibit E Fruehauf Responses to Interrogatories, #6 Exhibit F Excerpts from Roger Hobbie Deposition, #7 Exhibit G Cox Order Granting Motion for Summary Judgment, #8 Exhibit H CRA Trailers' Responses to Interrogatories, #9 Exhibit I Daimler Responses to Requests for Admission, #10 Exhibit J PACCAR Responses to Requests for Admission)(McLeod, Yancey)
|
|
Filing 265
REPLY to Response to Motion re #199 MOTION for Summary Judgment by Paccar, Inc.. (Drayton, Amy)
|
|
Filing 264
Joint MOTION to Dismiss by Caterpillar Inc.. Responses due by 5/24/2021 (Attachments: #1 Proposed Order) (Starr, William). Motions referred to W. Carleton Metcalf.
|
|
Filing 263
REPLY to Response to Motion re #173 MOTION for Summary Judgment by Eaton Corporation. (Boyette, Richard)
|
|
NOTICE of Hearing on Motions re: #171 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, as to Substantial Factor Causation, #173 MOTION for Summary Judgment, #176 MOTION for Partial Summary Judgment, #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony, #179 MOTION in Limine to Exclude Testimony of Edwin Holstein, #180 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, #182 MOTION for Partial Summary Judgment, #184 MOTION in Limine Daubert Motion to Exclude Testimony of Holstein, #186 MOTION for Summary Judgment, #190 MOTION for Summary Judgment , #192 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT EDWIN C. HOLSTEIN, M.D., #194 MOTION for Summary Judgment, #195 MOTION for Summary Judgment, #196 MOTION in Limine to Exclude Edwin Holstein, M.D., #199 MOTION for Summary Judgment, #201 MOTION in Limine, #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses, #203 MOTION for Summary Judgment, #205 MOTION in Limine Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation, #207 MOTION for Summary Judgment: Motion Hearing set for 6/25/2021 at 1:00 PM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document. (khm) Modified on 5/6/2021 (khm)
|
|
Filing 262
RESPONSE in Opposition re #171 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, as to Substantial Factor Causation Plaintiff's Response in Opposition to Defendant ZF Active Safety, Inc.'s Motion to Exclude Testimony of Dr. Edwin Holstein as to Substantial Factor Causation by David L. Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1- Pltf Trial Preservation Depo, #2 Exhibit 2- Pathology Report, #3 Exhibit 3- Pltf Answers to Master Discovery, #4 Exhibit 4- Settlemyer Depo Vol III, #5 Exhibit 5- ZF Active Amnd Resp to Rogs and RFP, #6 Exhibit 6- Przepiora Depo 5.24.11, #7 Exhibit 7- Grothouse Depo 9.29.10, #8 Exhibit 8- Przepiora Depo 5.22.12, #9 Exhibit 9- Przepiora Depo 8.25.10, #10 Exhibit 10- Carlisle Letter 8.12.86, #11 Exhibit 11- Abex Letter 2.15.83, #12 Exhibit 12- Abex Letter 7.15.83, #13 Exhibit 13- Holstein Report, #14 Exhibit 14- Holstein CV and Ref List, #15 Exhibit 15- Holstein Depo 3.8.21, #16 Exhibit 16- Ewing Report, #17 Exhibit 17- Helsinki Criteria)(Stone, Sabrina)
|
|
Filing 261
RESPONSE re #174 Statement of Material Facts or Response,, by Daimler Trucks North America LLC. (Tomlin, Tracy)
|
|
Filing 260
RESPONSE to Motion re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by Daimler Trucks North America LLC. Replies due by 5/11/2021 (Tomlin, Tracy)
|
|
Filing 259
RESPONSE to Motion re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by Daimler Trucks North America LLC. Replies due by 5/11/2021 (Tomlin, Tracy)
|
|
Filing 258
RESPONSE to Motion re #176 MOTION for Partial Summary Judgment by Daimler Trucks North America LLC. Replies due by 5/11/2021 (Tomlin, Tracy)
|
|
Filing 257
RESPONSE in Opposition re #188 MOTION in Limine to Exclude Testimony of Dr. Edwin Holstein by Paccar, Inc.. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Trial Preservation Depo Settlemyer, David, #2 Exhibit 2 - Pathology Report, #3 Exhibit 3 - Plaintiffs Answers to Discovery, #4 Exhibit 4 - Settlemyer Depo Vol II 4.16.20, #5 Exhibit 5 - Paccar Ans to Rogs 6.22.20, #6 Exhibit 6 - PACCAR Settlemyer Supp Rogs, #7 Exhibit 7 - Holstein Report, #8 Exhibit 8 - Holstein CV and Reference Report, #9 Exhibit 9 - Abex Resp to Pltf Rogs 4.5.04, #10 Exhibit 10 - Paccar Resp to RFA 6.19.20, #11 Exhibit 11 - LAOSD Rogs 2.20.19, #12 Exhibit 12 - Holstein Depo 3.8.21, #13 Exhibit 13 - Ewing Report, #14 Exhibit 14 - Helsinki Criteria)(Neilson, Todd)
|
|
Filing 256
RESPONSE in Opposition re #180 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein Plaintiff's Response in Opposition to Defendant Morse Tec LLC's Motion to Exclude Dr. Edwin Holstein's Expert Testimony by David L. Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1- Pltf Trial Preserv Depo, #2 Exhibit 2- Pathology, #3 Exhibit 3- Pltf Answers to Master Discovery, #4 Exhibit 4- Borg Amended Supp Rogs, #5 Exhibit 5- MAS Sanding Clutch, #6 Exhibit 6- Holstein Report, #7 Exhibit 7- Holstein CV and Ref List, #8 Exhibit 8- Holstein Depo 3.8.21, #9 Exhibit 9- Ewing Report, #10 Exhibit Helsinki Criteria)(Stone, Sabrina)
|
|
Filing 255
RESPONSE in Opposition re #205 MOTION in Limine Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation by Daimler Trucks North America LLC. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Trial Preservation - Settlemyer, David, #2 Exhibit 2 - Pathology Report, #3 Exhibit 3 - Plaintiffs Answers to NC Master Discovery - Settlemyer David, #4 Exhibit 4 - 04-16-20 Depo of Settlemyer, David L., #5 Exhibit 5 - DTNA Response to Pltf RFA, #6 Exhibit 6 - Timothy O'Neal Depo 9.26.19, #7 Exhibit 7 - Daimler Resp to Rogs, #8 Exhibit 8 - Depo of Koepke, Bruce 09-08-2010, #9 Exhibit 9 - Holstein Report, #10 Exhibit 10 - CV and Reference List - Holstein, #11 Exhibit 11 - Supplemental Staggs Report, #12 Exhibit 12 - Staggs CV and Affidavit, #13 Exhibit 13 - 03-08-21 - Depo of Holstein, Dr. Edwin, #14 Exhibit 14 - Ewing Report, #15 Exhibit 15 - Helsinki Criteria for Attribution. 1997., #16 Exhibit 16 - Staggs Order 2019)(Neilson, Todd)
|
|
Filing 254
RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by CRA Trailers Inc.. (Jones, Kelly)
|
|
Filing 253
RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by Paccar, Inc.. Replies due by 5/11/2021 (Drayton, Amy)
|
|
Filing 252
RESPONSE in Opposition re #192 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT EDWIN C. HOLSTEIN, M.D. by CRA Trailers Inc.. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Trial Preservation Depo of Settlemyer David, #2 Exhibit 2 - Pathology Report, #3 Exhibit 3 - Plaintiffs Answers to NC Master Discovery - Settlemyer David, #4 Exhibit 4 - Depo of Settlemyer, David L. - 04.17.20 Vol. III 2, #5 Exhibit 5 - CRA Response to First Set of Discovery, #6 Exhibit 6 - Depo of James Hofstetter 08.19.09, #7 Exhibit 7 - 8.12.86 Carlisle Ltr, #8 Exhibit 8 - 1986-9-3 Abex Ltr, #9 Exhibit 9 - Depo of Carter, Daniel 01.29.21, #10 Exhibit 10 -Hofstetter Morin Transcript, #11 Exhibit 11 - Great Dane Trailers Maintenance Manual, #12 Exhibit 12 - Maintenance Manual, #13 Exhibit 13 - 2020 10 15 Holstein, Edwin Report (Settlemyer), #14 Exhibit 14 - Holstein CV_Ref List, #15 Exhibit 15 - 03-08-21 - Holstein, Dr. Edwin Depo 2, #16 Exhibit 16 - Ewing Report, #17 Exhibit 17 - Tossavainen A. Helsinki Criteria for Attrib. 1997)(Neilson, Todd)
|
|
Filing 251
ORDER granting the Parties' #215 Joint Motion to Dismiss Deft Genuine Parts Company, and all the Pltfs' claims against Deft Genuine Parts Company are hereby DISMISSED WITH PREJUDICE. Signed by Chief Judge Martin Reidinger on 5/04/2021. (ejb)
|
|
Filing 250
RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by Paccar, Inc.. (Drayton, Amy)
|
|
Filing 249
RESPONSE in Opposition re #196 MOTION in Limine to Exclude Edwin Holstein, M.D. by Carlisle Industrial Brake & Friction, Inc.. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Trial Preservation - Settlemyer, David, #2 Exhibit 2 - Path Report, #3 Exhibit 3 - Plaintiffs Answers to NC Master Discovery - Settlemyer David, #4 Exhibit 4 - 10.Tami.2.11.92.DeLONG, #5 Exhibit 5 - 2007 04 00 OH MASTER AROG (REESE), #6 Exhibit 6 - AR 2018 09 28 MASTER AROG-ADOC (JONES), #7 Exhibit 7 - NC 2020 06 19 RESP REQ ADMIT-AROG-ADOC (SETTLEMYER), #8 Exhibit 8 - RCreamer-Powers 05-23-2014, #9 Exhibit 9 - CREAMER, RONALD 2021 02 19 (SCF-CC-9000), #10 Exhibit 10 - 2020 10 15 Holstein, Edwin Report (Settlemyer), #11 Exhibit 11 - CVHolstein2020, #12 Exhibit 12 - 03-08-21 - Holstein, Dr. Edwin Depo, #13 Exhibit 13 - Ewing Report, #14 Exhibit 14 - Tossavainen A. Helsinki Criteria for Attribution. 1997.)(Neilson, Todd)
|
|
Filing 248
RESPONSE in Opposition re #184 MOTION in Limine Daubert Mtn to Exclude Testimony of Holstein to BWDAC Inc by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Trial Preservation Depo of David Settlemyer, #2 Exhibit 2 - Pathology Report, #3 Exhibit 3 -Pltf Answers to NC Master Discovery, #4 Exhibit 4 - IL 2006 03 08 AMD SAROG-SADOC, #5 Exhibit 5 - NC 2020 07 06 AROG-ADOC (SETTLEMEYER), #6 Exhibit 6 - CA 2019 02 20 LAOSD STND AROG (GUILL), #7 Exhibit 7 - FL 2019 10 28 AROG-ADOC TO BWDAC ROGS (KING), #8 Exhibit 8 - BW Catalog, #9 Exhibit 9 - KOTZUM, WILLIAM 2012 01 19 3, #10 Exhibit 10 - 2020 10 15 Holstein, Edwin Report (Settlemyer), #11 Exhibit 11 - Holstein CV_Ref List, #12 Exhibit 12 - 03-08-21 - Holstein, Dr. Edwin Depo, #13 Exhibit 13 - Ewing Report, #14 Exhibit 14 - Tossavainen A. Helsinki Criteria for Attribution. 1997.)(Neilson, Todd)
|
|
Filing 247
RESPONSE in Opposition re #201 MOTION in Limine of Pneumo Abex, LLC's Motion to Exclude Saranac Laboratory Experiment by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Neilson, Todd)
|
|
Filing 246
RESPONSE in Opposition re #179 MOTION in Limine to Exclude Testimony of Edwin Holstein to Pneumo Abex, LLC by David L. Settlemyer, Jan Settlemyer. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Trial Preservation Depo of Settlemyer, #2 Exhibit 2 - Pathology Report, #3 Exhibit 3 - Plaintiffs Answers to NC Master Discovery - Settlemyer David, #4 Exhibit 4 - Abex Resp to RFA 7.3.20, #5 Exhibit 5 - Abex Resp to Discovery 7.3.20, #6 Exhibit 6 - Abex Resp to Pltf Rogs 4.5.04, #7 Exhibit 7 - 1984 Abex Sales, #8 Exhibit 8 - 2020 10 15 Holstein, Edwin Report (Settlemyer), #9 Exhibit 9 - CV and Reference List - Holstein, #10 Exhibit 10 - 03-08-21 - Depo of Holstein, Dr. Edwin, #11 Exhibit 11 - Ewing Report, #12 Exhibit 12 - Tossavainen A. Helsinki Criteria for Attribution. 1997.)(Neilson, Todd)
|
|
Filing 245
RESPONSE in Opposition re #174 Statement of Material Facts or Response, by CRA Trailers Inc. (Jones, Kelly) Modified text on 5/5/2021 (hms).
|
|
Filing 244
RESPONSE in Opposition re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by Paccar, Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit (A) Article by Dr. Oury, #2 Exhibit (B) Dr. Oury's Report, #3 Exhibit (C) Dr. Crapo's Report, #4 Exhibit (D) Dr. Rabinovitz's Report, #5 Exhibit (E) Dr. Stagg's Report, #6 Exhibit (F) Dr. Holstein's Report, #7 Exhibit (G) Reliance List of Dr. Rabinovitz, #8 Exhibit (H) Dr. Crapo's CV, #9 Exhibit (I) Reliance List of Dr. Crapo, #10 Exhibit (J) Dr. Oury's CV, #11 Exhibit (K) Dr. Oury's Reliance List)(Drayton, Amy)
|
|
Filing 243
RESPONSE in Opposition re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by CRA Trailers Inc., Carlisle Industrial Brake & Friction, Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Medical Record, #2 Exhibit 2 - Alexander Report, #3 Exhibit 3 - Oury CV, #4 Exhibit 4 - Crapo CV, #5 Exhibit 5 - Oury Reliance Materials, #6 Exhibit 6 - Crapo Reliance Materials, #7 Exhibit 7 - Pathology of Asbestos-Associated Diseases, #8 Exhibit 8 - Staggs Supplemental Report, #9 Exhibit 9 - Holstein Report, #10 Exhibit 10 - Staggs Report, #11 Exhibit 11 - Hillerdal Article, #12 Exhibit 12 - Oury Report, #13 Exhibit 13 - Brake Dust Study, #14 Exhibit 14 - Oury Deposition Excerpts, #15 Exhibit 15 - Kanarek Reliance Materials, #16 Exhibit 16 - Crapo Expert Report, #17 Exhibit 17 - Crapo Deposition Excerpts, #18 Exhibit 18 - Settlemeyer Deposition Vol. I Excerpts, #19 Exhibit 19 - Settlemeyer Trial Preservation Deposition Excerpts, #20 Exhibit 20 - Alexander CV, #21 Exhibit 21 - Alexander Meta-Analysis Article)(Jones, Kelly)
|
|
Filing 242
RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by Pneumo Abex, LLC. (McLeod, Yancey)
|
|
Filing 241
RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by Eaton Corporation. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Pace v Air And Liquid Systems Corp)(Von Oehsen Cleary, Gina)
|
|
Filing 240
RESPONSE in Opposition re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by Paccar, Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit (A) Dr. Alexander's Report, #2 Exhibit (B) Dr. Crapo's Report, #3 Exhibit (C) Dr. Rabinovitz' Report, #4 Exhibit (D) depo. transcript Dr. J. Crapo, #5 Exhibit (E) depo. transcript Dr. D. Alexander, #6 Exhibit (F) depo. transcript Dr. S. Rabinovitz, #7 Exhibit (G) depo. transcript Dr. Oury, #8 Exhibit (H) Dr. Oury's Report)(Drayton, Amy)
|
|
Filing 239
RESPONSE in Opposition re #174 Statement of Material Facts or Response, by Eaton Corporation. (Von Oehsen Cleary, Gina) Modified text on 5/5/2021 (hms).
|
|
Filing 238
RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by Morse TEC LLC. Replies due by 5/11/2021 (Attachments: #1 Exhibit A- Iredell Memorial Hospital Records, #2 Exhibit B- Alexander Report p. 14, #3 Exhibit C- Dr. Oury's deposition transcript, #4 Exhibit D- Crapo Deposition, #5 Exhibit E- Iredell Memorial Hospital Record 12/21/2018)(Stein, Gerald)
|
|
Filing 237
MEMORANDUM in Opposition re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses of Defendants, Carlisle Industrial Brake & Friction, Inc. and CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. by Carlisle Industrial Brake & Friction, Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit A: Reports of Oury, Crapo, Alexander, & McCluskey, #2 Exhibit B: Report of Holstein, #3 Exhibit C: Arthur Frank Deposition Transcript from Winger, #4 Exhibit D: Response to Kay Teschek, #5 Exhibit E: Body Herring Trial Transcript, #6 Exhibit F: Goodman, et al., Mesothelioma & Lung Cancer Among Motor Vehicle Mechanics, #7 Exhibit G: Garabrant, et al., Mesothelioma among Motor Vehicle Mechanics)(May, Justin)
|
|
Filing 236
RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by Pneumo Abex, LLC. Replies due by 5/11/2021 (Attachments: #1 Exhibit A Oury Testimony, #2 Exhibit B Crapo Testimony, #3 Exhibit C Staggs Report, #4 Exhibit D Holstein, #5 Exhibit E Exhibit E - Settlemyer Medical Record)(McLeod, Yancey)
|
|
Filing 235
MEMORANDUM in Opposition re #176 MOTION for Partial Summary Judgment by Carlisle Industrial Brake & Friction, Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit Carlisle Rule 26 Disclosures and Reports, #2 Exhibit Staggs Supplemental Report, #3 Exhibit Pleural Plaques, Gunnar Hillerdal, #4 Exhibit Benign Asbestos-Related Pleural Disease, #5 Exhibit James Crapo, MD Report, #6 Exhibit Oury Deposition Excerpts, #7 Exhibit IMH Record)(May, Justin)
|
|
Filing 234
MEMORANDUM in Opposition re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by Morse TEC LLC. Replies due by 5/11/2021 (Attachments: #1 Exhibit A- Alexander Report, pages 16-17, #2 Exhibit B- Article-Mesothelioma, #3 Exhibit C- Dr. Crapo's deposition transcript, #4 Exhibit D-Dr. Crapo's Bibliography, #5 Exhibit E- Oury's Reliance List, #6 Exhibit F- Iredell Memorial Hospital record)(Stein, Gerald) Modified text on 5/5/2021 (hms).
|
|
Filing 233
RESPONSE in Opposition re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by Pneumo Abex, LLC. Replies due by 5/11/2021 (Attachments: #1 Exhibit A Settlemyer Medical Record, #2 Exhibit B Oury CV, #3 Exhibit C Crapo-CV-October-2020, #4 Exhibit D 2021-03-09 Finn CV - Settlemyer, #5 Exhibit E 2020-10-29 Oury report, #6 Exhibit F Crapo Report, #7 Exhibit G Garabrant Article, #8 Exhibit H Alexander CV, #9 Exhibit I Alexander Report, #10 Exhibit J Oury Reliance Materials, #11 Exhibit K Crapo Meso Reference List-10-2020, #12 Exhibit L Holstein Report, #13 Exhibit M Oury Depo, #14 Exhibit N Crapo Depo, #15 Exhibit O Staggs Report, #16 Exhibit P Butnor Sporn Report, #17 Exhibit Q 2020-05-28 Kanarek Expert Report, #18 Exhibit R Roggli Sharma Article, #19 Exhibit S Finn Depo, #20 Exhibit T Settlemyer Vol I Depo)(McLeod, Yancey)
|
|
Filing 232
RESPONSE in Opposition re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by Pneumo Abex, LLC. Replies due by 5/11/2021 (Attachments: #1 Exhibit A - Abex Expert Witness Disclosures, #2 Exhibit B - Alexander Report, #3 Exhibit C - Crapo Report, #4 Exhibit D - Finn Report, #5 Exhibit E - Oury Report, #6 Exhibit F - Lee Transcript, #7 Exhibit G - Reference Manual on Scientific Evidence)(McLeod, Yancey)
|
|
Filing 231
RESPONSE in Opposition re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by BWDAC Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit A - Pltf's Medical Record - Iredell Hosp, #2 Exhibit B - Summons & Complaint, #3 Exhibit C - Oury CV, #4 Exhibit D - Crapo CV, #5 Exhibit E - Oury Report, #6 Exhibit F - Oury Reliance list, #7 Exhibit G - Crapo report, #8 Exhibit H - Crapo Reliance list, #9 Exhibit I - Alexander CV, #10 Exhibit J - Alexander report, #11 Exhibit K - Holstein report, #12 Exhibit L - Oury Depo Transcript, #13 Exhibit M - Crapo Depo Transcript, #14 Exhibit N - Staggs Report, #15 Exhibit O - Holstein Report, #16 Exhibit P - Staggs Declaration, #17 Exhibit Q - Reliance List (Kanarek), #18 Exhibit R - Settlemyer Trial Preservation Depo, #19 Exhibit S - Settlemyer Depo - Vol. 1)(Early, William)
|
|
Filing 230
RESPONSE in Opposition re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by Eaton Corporation. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Oury Textbook, #2 Exhibit 2 - Settlemyer medical record)(Von Oehsen Cleary, Gina) Modified docket text on 5/4/2021 (hms).
|
|
Filing 229
RESPONSE in Opposition re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by Eaton Corporation. Replies due by 5/11/2021 (Attachments: #1 Exhibit 1 - Expert Disclosures, #2 Exhibit 2 - Wehling v. Sandoz Pharmaceuticals Corp (1998), #3 Exhibit 3 - Oury CV, #4 Exhibit 4 - Simmons CV, #5 Exhibit 5 - Stockman CV, #6 Exhibit 6 - Oury Report, #7 Exhibit 7 - Oury Reliance List, #8 Exhibit 8 - Oury, Tim - Deposition Transcript 03.18.21, #9 Exhibit 9 - Dr. Roggli's studies, #10 Exhibit 10 - Simmons Eaton Settlemyer report, #11 Exhibit 11 - Yarborough Article, #12 Exhibit 12 - Madl Article, #13 Exhibit 13 - Stockman expert report, #14 Exhibit 14 - Stockman, Gail - Deposition Transcript 03.12.21, #15 Exhibit 15 - Garabrant Article, #16 Exhibit 16 - Butnor Article)(Von Oehsen Cleary, Gina) Modified docket text on 5/4/2021 (hms).
|
|
Filing 228
MEMORANDUM in Opposition re #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by ZF Active Safety US Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit A - Oury CV, #2 Exhibit B - Crapo CV, #3 Exhibit C - Alexander CV, #4 Exhibit D - Oury Report & Reliance List, #5 Exhibit E - Crapo Report & Reliance List, #6 Exhibit F - Alexander Report & Reliance List, #7 Exhibit G - Holstein Report)(McDonald, Moffatt)
|
|
Filing 227
MEMORANDUM in Opposition re #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by ZF Active Safety US Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit A - Settlemyer Medical Record, #2 Exhibit B - Pathology Asbestos Associated Disease, #3 Exhibit C - Oury CV, #4 Exhibit D - Crapo CV, #5 Exhibit E - Oury Report 2020-10-29, #6 Exhibit F - Oury Reliance List, #7 Exhibit G - Crapo Report, #8 Exhibit H - Crapo Reference List, #9 Exhibit I - Mesothelioma Among Motor Vehicle Mechanics: An Updated Review and Meta-analysis, #10 Exhibit J - Alexander CV, #11 Exhibit K - Alexander Report, #12 Exhibit L - Holstein Report, #13 Exhibit M - Oury Deposition, #14 Exhibit N - Crapo Deposition, #15 Exhibit O - Staggs Report, #16 Exhibit P - Staggs Declaration, #17 Exhibit Q - Pleural Plaques Incidence & Epidemiology, Exposed Workers & General Population, #18 Exhibit R - Exposure to Brake Dust and Meso: A Study 10 Cases Mineral Fiber Analyses, #19 Exhibit S - Kanarek Reliance List, #20 Exhibit T - Malignant Mesothelioma Occupational Exposure to Asbestos: 1445 Cases, #21 Exhibit U - Settlemyer Deposition Volume 1)(McDonald, Moffatt)
|
|
Filing 226
RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by BWDAC Inc.. (Early, William)
|
|
Filing 225
RESPONSE to Motion re #176 MOTION for Partial Summary Judgment by BWDAC Inc.. Replies due by 5/11/2021 (Early, William)
|
|
Filing 224
NOTICE of Appearance by Gina Marie Von Oehsen Cleary on behalf of Eaton Corporation (Von Oehsen Cleary, Gina)
|
|
Filing 223
RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by ZF Active Safety US Inc.. (Attachments: #1 Exhibit A - Settlemyer Deposition Volume 3, #2 Exhibit B - Crapo Report, #3 Exhibit C - Oury Report 2020-10-29, #4 Exhibit D - Alexander Report, #5 Exhibit E - Holstein Report, #6 Exhibit F - Settlemyer Medical Record, #7 Exhibit G - Carlisle Resp Ptf Rogs, #8 Exhibit H - Eaton Resp Ptf Rogs)(McDonald, Moffatt)
|
|
Filing 222
MEMORANDUM in Opposition re #176 MOTION for Partial Summary Judgment by ZF Active Safety US Inc.. Replies due by 5/11/2021 (Attachments: #1 Exhibit A - ZF Active Safety Answer to Complaint, #2 Exhibit B - Alexander Report, #3 Exhibit C - Oury Report 2020-10-29, #4 Exhibit D - Oury Deposition, #5 Exhibit E - Crapo Report 2020-11-06, #6 Exhibit F - Crapo Deposition, #7 Exhibit G - Holstein Report, #8 Exhibit H - Staggs Report, #9 Exhibit I - Pleural Plaques Incidence & Epidemiology, Exposed Workers & General Population, #10 Exhibit J - Staggs Declaration, #11 Exhibit K - Pathology Asbestos Associated Disease, #12 Exhibit L - Crapo Reference List, #13 Exhibit M - Oury Reliance List, #14 Exhibit N - Exposure to Brake Dust and Meso: A Study 10 Cases, #15 Exhibit O - Kanarek Reliance List, #16 Exhibit P - Malignant Meso Occupational Exposure: 1445 Cases, #17 Exhibit Q - Settlemyer Medical Record, #18 Exhibit R - Settlemyer Deposition Volume 1)(McDonald, Moffatt)
|
|
Filing 221
RESPONSE in Opposition re #173 MOTION for Summary Judgment of Eaton Corporation by David L. Settlemyer, Jan Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1 - Settlemyer, David Trial Preservation Deposition, #2 Exhibit 2 - Settlemyer, David 4 15 20 Deposition, #3 Exhibit 3 - Settlemyer, David 4 16 20 Deposition, #4 Exhibit 4 - Hobbie, Roger 6 21 07 Deposition, #5 Exhibit 5 - Hobbie, Roger 9 8 08 Deposition, #6 Exhibit 6 - Abex Memo re Design and Engineering of Peterbilt Brakes Systems 6 15 83, #7 Exhibit 7 - Eaton Memo 06 2 87, #8 Exhibit 8 - Abex Intg. Resp. 4 5 04, #9 Exhibit 9 - Carlisle Resp. to FRA 6 19 20, #10 Exhibit 10 - Eaton Memo 4 3 79, #11 Exhibit 11 - Eaton Memo 8 18 86, #12 Exhibit 12 Eaton Memo 10 15 86, #13 Exhibit 14 - Peterbilt Letter 9 16 86, #14 Exhibit 15 - Peterilt Interoffice Corr. 6 8 87, #15 Exhibit 17 - Letter to Bob VarWormer 7 31 87, #16 Exhibit 18 - Curbo, Rodney 11 4 20, #17 Exhibit 19 - Pages from Peterbilt's Owner's Manual, #18 Exhibit 20 - Curbo, Rodney 2019, #19 Exhibit 21 - Eaton Inter Office Corr. 8 4 83, #20 Exhibit 22 - Letter to Eaton 7 29 86, #21 Exhibit 23 - History of Non-Asb. Brake Linings, #22 Exhibit 24 - Eaton Letter 10 15 86, #23 Exhibit 25 - Eaton Internal Corr. 12 3 86, #24 Exhibit 26 - Letter from MVMA 2 21 78, #25 Exhibit 27 - Consensus Report, #26 Exhibit 28 - Ewing Report 060520, #27 Exhibit 29 - Millette Report, #28 Exhibit 30 - Staggs Supp Report, #29 Exhibit 31 - Holstein Report, #30 Exhibit 32 - NIOSH Industrial Hygiene Assessment, #31 Exhibit 33 - Eaton's Inter Office Corr. 12 2 85, #32 Exhibit 34 - Eaton's Inter Office Corr. 9 25 86, #33 Exhibit 35 - Eaton's Inter Office Corr. 02 28 86, #34 Exhibit 36 - 03-10-21 - Millette, Dr. James, #35 Exhibit 37 - 03-08-21 - Holstein, Dr. Edwin, #36 Exhibit 38 - Stocking Distributorship Agreement, #37 Exhibit 39 - Eaton Program to Qualify NA Linings, #38 Exhibit 40 - Eaton Inter Office Corr. 5 1 85, #39 Exhibit 41 - Deft. Ans. to Intg. 4 16 12, #40 Exhibit 42 - Federal Register)(Neilson, Todd) Modified to remove duplicate text on 5/4/2021 (rhf). Modified on 5/4/2021 (hms).
|
|
Filing 220
RESPONSE in Opposition re #182 MOTION for Partial Summary Judgment of Morse Tec LLC by David L. Settlemyer, Jan Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1 - Trial Preservation - Settlemyer, David, #2 Exhibit 2 -IL 1999 12 08 AROG, #3 Exhibit 3 - BW Catalog, #4 Exhibit 4 - 04-15-20 - Settlemyer, David L. - Vol. I, #5 Exhibit 5 - Richard Anderson 12-20-07 deposition, #6 Exhibit 6 - Richard Anderson 06-21-11 deposition, #7 Exhibit 7 - Louis Merz (BW) (12-18-2007) Page Lines, #8 Exhibit 8 - OSHA 1972 Dust Study -- Borg Warner, #9 Exhibit 9 - Borg Warner Resp to Rogs, RFP 06-19-15, #10 Exhibit 10 - MAS Borg Warner Clutch study, #11 Exhibit 11 - Settlemyer, David - Ewing Report 060520, #12 Exhibit 12 - Staggs Supp Report, #13 Exhibit 13 - 2020 08 04 MilletteExpRptSettlemyer (with Exhibits), #14 Exhibit 14 - 2020 10 15 Holstein, Edwin Report (Settlemyer), #15 Exhibit 15 - 3.9.06 Dep of Cline, #16 Exhibit 16 - Morris Metal Pro v. INdustrial Commision, #17 Exhibit 18 - 3.31.06 Dep of Rosenberg, #18 Exhibit 19 - Asb Exposure and Neoplasia, #19 Exhibit 20 - Depo of Konrad 12.11.00, #20 Exhibit 21 - Bulletin 416 FMI 10.28.71, #21 Exhibit 22 - 1972 Report FMSI Asb Study, #22 Exhibit 23 - Min of Mtg of FMSI, #23 Exhibit 24 - Report of July 1974 OSHA, #24 Exhibit 25 - NIOSH, #25 Exhibit 26 - Depo of William Cline, #26 Exhibit 27 - BW Ans to Rogs 12.09.99, #27 Exhibit 28 - 12.5.75 Ltr from Borg to OSHA, #28 Exhibit 29 - 1994 Resp to Master Disc, #29 Exhibit 30 - Tossavainen A. Helsinki Criteria for Attribution. 1997., #30 Exhibit 31 - 25 2008 Jiang, Madl chemrisk, handling of clutches, #31 Exhibit 17 - 2.20.52 Ltr from Fink to Lanza)(Neilson, Todd) Modified to remove duplicate text on 5/4/2021 (rhf).
|
|
Filing 219
RESPONSE in Opposition re #190 MOTION for Summary Judgment of Carlisle Industrial Brake & Friction, Inc.. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1 - Trial Preservation Depo Settlemyer, #2 Exhibit 2 - 04-15-20 - Settlemyer, David L. - Vol. I, #3 Exhibit 3 - 2020-06-19 CIBF's Responses to Ps' RFA - Settlemyer, #4 Exhibit 4 - 04-16-20 - Settlemyer, David L. - Vol. II, #5 Exhibit 5 - Depo of Roger Hobbie 6.21.07, #6 Exhibit 6 - Hobbie, Roger 2008 09 08, #7 Exhibit 7 - Eaton Ltr 11.21.86, #8 Exhibit 8 - KETCHAM, VOLUME I, BRUCE, #9 Exhibit 9 - Ketcham Depo 06.05.08, #10 Exhibit 10 - Ketcham Depo 05.28.09, #11 Exhibit 11 - Fruehauf use of Carlisle (abex doc), #12 Exhibit 12 - Przepiora Depo 2010, #13 Exhibit 13 - Tami Deposition, #14 Exhibit 14 - 2020 08 04 MilletteExpRptSettlemyer, #15 Exhibit 15 - 03-10-21 - Millette, Dr. James, #16 Exhibit 16 - Settlemyer, David - Ewing Report 060520, #17 Exhibit 17 - Staggs Supp Report, #18 Exhibit 18 - Rockwell letter to Carlisle about dust, #19 Exhibit 19 - 2020 10 15 Holstein, Edwin Report (Settlemyer), #20 Exhibit 20 - Niosh 1-29-1979 includes Truck Service Facility G, #21 Exhibit 21 - 03-08-21 - Holstein, Dr. Edwin, #22 Exhibit 22 - CREAMER, RONALD 2021 02 19, #23 Exhibit 23 - Carlisle - Dunderdale OSHA Memo 11.3.83, #24 Exhibit 24 - Tami '86 letter re EPA and asb purchases in tons, #25 Exhibit 25 - Carlisle Ans to Rogs 5.14.07, #26 Exhibit 26 - Carlisle 1979 asbestos dust studies, #27 Exhibit 27 - Tossavainen A. Helsinki Criteria for Attribution. 1997., #28 Exhibit 28 - Carlisle Warning, #29 Exhibit 29 - Installation Instructions, #30 Exhibit 30 - TAYLOR MARK 7.9.08 (heavy duty), #31 Exhibit 31 - FMSI Doc, #32 Exhibit 32 - Asb Study Committee 09.27.76, #33 Exhibit 33 - Niosh contract Aug 1984 Nicholson Mt Sinai mechanic report SCF-ALLF-09300 (002))(Neilson, Todd) Modified to remove duplicate text on 5/4/2021 (rhf).
|
|
Filing 218
RESPONSE in Opposition re #203 MOTION for Summary Judgment of CRA Trailers Inc. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1 - 01-29-21 - Carter, Daniel Depo, #2 Exhibit 2 - Hofstetter, James Depo, #3 Exhibit 3 - Alexander testimony, 03.12.2020, #4 Exhibit 4 - 8.12.86 Carlisle Ltr, #5 Exhibit 5 - 9.3.86 Abex Ltr, #6 Exhibit 6 - QB notes 11.23.76, #7 Exhibit 7 - QB notes 3.1.77, #8 Exhibit 8 - QB 7.25.77, #9 Exhibit 9 - 12-11-81 Abex OE sales call on Great Dane, #10 Exhibit 10 - Abex, specified by Great Dane, 9-29-81, #11 Exhibit 11 - Abex O.E. sales 1979-81, #12 Exhibit 12 - Abex Supplemental Rogs, #13 Exhibit 13 - Great Dane Trailers Maintenance Manual, #14 Exhibit 14 - Maintenance Manual, #15 Exhibit 15 - Hofstetter Morin Transcript, #16 Exhibit 16 - Asbestos Information Association, #17 Exhibit 17 - Industrial Hygiene Report, #18 Exhibit 18 - Engineering Change Notice, #19 Exhibit 19 - Trial Preservation Depo - Settlemyer, David, #20 Exhibit Exhibit 20 - Pathology Report, #21 Exhibit 21 - Plaintiffs Answers to NC Master Discovery - Settlemyer David, #22 Exhibit 22 - 04-17-20 - Depo of Settlemyer, David L. - Vol. III 2, #23 Exhibit 23 - Ewing Report, #24 Exhibit 24 - Millette Report, #25 Exhibit 25 - Holstein Report)(Neilson, Todd) Modified to remove duplicate text on 5/4/2021 (rhf).
|
|
Filing 217
MEMORANDUM in Opposition re #195 MOTION for Summary Judgment Plaintiffs' Response in Opposition to Defendant ZF Active Safety US Inc.'s Motion for Summary Judgment by David L. Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1- Przepiora Depo 5.24.11, #2 Exhibit 2- Przepiora Depo 5.22.12, #3 Exhibit 3- Grothouse Depo 9.29.10, #4 Exhibit 4- ZF Active Resp to Rogs and RFP 7.22.20, #5 Exhibit 5- Przepiora depo 8.25.10, #6 Exhibit 6- ZF Active Resp to RFA 7.22.20, #7 Exhibit 7- Silvasi Depo 11.7.14, #8 Exhibit 8- Abex letter to Freuhauf 2.15.83, #9 Exhibit 9- Abex letter to Freuhauf 7.15.83, #10 Exhibit 10- Asb Info Assoc 6.30.88, #11 Exhibit 11- Fruehauf Memo 3.31.80, #12 Exhibit 12- Sales Rep Report 8.3.81, #13 Exhibit 13- Fleet Owner Article 1985, #14 Exhibit 14- Pathology Report, #15 Exhibit 15- Pltf Trial Pres Depo, #16 Exhibit 16- Pltf Ans to Master Discovery, #17 Exhibit 17- Pltf Disc Depo 4.17.20 Vol III, #18 Exhibit 18- Ewing Report, #19 Exhibit 19- Millette Report, #20 Exhibit 20- Holstein Report, #21 Exhibit 21- Rockwell Stopmaster Service Parts Book, #22 Exhibit 22- Fruehauf Parts No Letter 8.3.80, #23 Exhibit 23- Carlisle Letter 8.12.86, #24 Exhibit 24- Abex Letter 9.3.86, #25 Exhibit 25- Abex Memo 8.6.87, #26 Exhibit 26- Abex Memo 3.17.87)(Stone, Sabrina) Modified to remove duplicate text on 5/4/2021 (rhf).
|
|
Filing 216
RESPONSE in Opposition re #194 MOTION for Summary Judgment of Pneumo Abex LLC by David L. Settlemyer, Jan Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1 - Trial Preservation Depo of Settlemyer, #2 Exhibit 2 - Deposition of Settlemyer 4.15.20, #3 Exhibit 3 - Abex Resp to RFA, #4 Exhibit 4 - Deposition of Settlemyer 4.16.21, #5 Exhibit 5 - Depo of Roger Hobbie 6.21.07, #6 Exhibit 6 - Depo of Roger Hobbie 9.8.08, #7 Exhibit 7 - Deposition of Settlemyer 4.17.20, #8 Exhibit 8 - Przepiora Depo 2010, #9 Exhibit 9 - Ewing Report, #10 Exhibit 10 - Staggs Supp Report, #11 Exhibit 11 - Millette Report, #12 Exhibit 12 - Holstein Report, #13 Exhibit 13 - Ind. Hygiene Assesment 1.29.79, #14 Exhibit 14 - Depo of Holstein 3.8.21, #15 Exhibit 15 - Abex Resp to Pltf Rogs 4.5.04, #16 Exhibit 16 - 1984 Abex Sales, #17Exhibit 17 - Abex Ans and Obj to Pltf Rogs, #18 Exhibit 18 - 1936 Memo of Agreement, #19 Exhibit 19 - 11.20.1936 ltr from Brown to Gardner, #20 EExhibit 20 - American Brakeblock Ltr 2.1.1937, #21 Exhibit 21 - Memo Industrial Hygiene 7.22.1947, #22 Exhibit 22 - Saranac Lab 3.3.1949, #23 Exhibit 23 - American Brakeblock Ltr, #24 Exhibit 24 - Asb Dust Exper 11.12.1948 Ltr, #25 Exhibit 25 - American Brake Shoe Ltr 3.8.1949, #26 Exhibit 26 - Archives of Industrial Hygiene 1951, #27 Exhibit 27 - Affidavit of Phillip Enterline, #28 Exhibit 28 - Blackwell 11.19.84 Depo, #29 Exhibit 29 - 10.20.64 Ltr to Parker, Mgmt Personnel by Blackwell, #30 Exhibit 30 - 5.10.72 ltr to Rennie from Blackwell, #31 Exhibit 31 - 8.22.75 ltr to Rennie from Blackwell, #32 Exhibit 32 - Abex ltr to British Friction Materials Council, #33 Exhibit 33 - 6.28.79 ltr from Rennie to Knoch, #34Exhibit 34 - address to the FMSI Asb Study Committee, #35 Exhibit 35 - Supp Ans of Abex, #36 Exhibit 36 - Minutes re Asb Info Assoc 11.5.1970, #37 Exhibit 37 - Asb Info Assoc Ltr 7.22.1976, #38 Exhibit 38 - Asb Info Assoc Meeting 12.8.1976, #39 Exhibit 39 - Asb Info Assoc Meeting 12.9.1976, #40 Exhibit 40 - Asb Info Committee Comentary May 1977, #41 Exhibit 41 - Memo to Asb Info Assoc 3.2.1977, #42 Exhibit 42 - MRC Ltr 6.23.1977, #43 Exhibit 43 - JM Ltr 12.5.1977, #44 Exhibit 44 - Bulletin No. 416 Proposed IL Ban on Asb Brake, #45 Exhibit 45 - Ltr to Milton Pogsin from Blackwell 8.13.1971, #46 Exhibit 46 - Abex Ltr re non-asbestos materials 5.27.1980, #47 Exhibit 47 - Newsbrake, #48 Exhibit 48 - Ltr to Conway from Knoch 7.2.1981, #49 Exhibit 49 - Abex Ltr 8.27.1986, #50 Exhibit 50 - Statesville Invoices, #51 Exhibit 51 - Boone Invoices, #52 Exhibit 52 - 4515 Sold to Consolidated, #53 Exhibit 53 - ABEX MSDS 4515, #54 Exhibit 54 - 10-27-20 - Hess, John Depo, #55 Exhibit 55 - Consolidated Invoices, #56 Exhibit 56 - Abex Catalog, #57 Exhibit 57 - Tossavainen A. Helsinki Criteria for Attribution. 1997., #58 Exhibit 58 - Fruehauf, asbestos complaint, shipment part number, abex, 1980 and sales, #59 Exhibit Exhibit 59 - Abex memo 2-11-87, #60 Exhibit 60 - 03-10-21 - Millette, Dr. James Depo)(Neilson, Todd) Modified to exclude duplicate text on 5/4/2021 (rhf).
|
|
Filing 215
Joint MOTION to Dismiss Defendant Genuine Parts Company by Genuine Parts Company. Responses due by 5/17/2021 (Attachments: #1 Proposed Order Joint Motion to Dismiss Genuine Parts Company) (Frankel, Shannon). Motions referred to W. Carleton Metcalf.
|
|
Filing 214
MEMORANDUM in Opposition re #199 MOTION for Summary Judgment Plaintiffs' Response in Opposition to Defendant Paccar, Inc.'s Motion for Summary Judgment by David L. Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1- CURBO DEPO 2.24.11, #2 Exhibit 2- KENWORTH TRADITIONALLY THE FINEST, #3 Exhibit 3- PETERBILT POWERFUL TWINS, #4 Exhibit 4- 1983 ABEX MEMO, #5 Exhibit 5- 6.2.87 EATON MEMO, #6 Exhibit 6- PACCAR ROG RESP 6.22.20, #7 Exhibit 7- BEAN DEPO 10.1.10, #8 Exhibit 8- ABEX ROG RESP 3.26.19, #9 Exhibit 9- ABEX ROG RESP 4.5.04, #10 Exhibit 10- CARLISE RESP TO RFA 6.19.20, #11 Exhibit 11- DANA ROG RESP 2.20.19, #12 Exhibit 12- PACCAR SUPP ROG RESP 9.4.20, #13 Exhibit 13- CURBO DEPO 9.4.20, #14 Exhibit 14- DTNA ROG RESP 8.19.20, #15 Exhibit 15- EATON CORR 4.3.79, #16 Exhibit 16- AIA LETTER TO EPA 6.30.88, #17 Exhibit 17- ASME 4.5.1987, #18 Exhibit 18- FORD LETTER TOE PA 3.15.1985, #19 Exhibit 19- INTER OFFICE MEMO 8.3.1983, #20 Exhibit 20- INTER OFFICE MEMO 7.29.87, #21 Exhibit 21- CURBO DEPO 10.3.19, #22 Exhibit 22- EATON MEMO 8.18.86, #23 Exhibit 23- EATON CORR 10.15.86, #24 Exhibit 24- EATON INTER CORR 12.3.86, #25 Exhibit 25- PETERBILT LETTER 9.16.86, #26 Exhibit 26- INTER OFFICE MEMO 6.8.87, #27 Exhibit 27- EATON LETTER 7.31.87, #28 Exhibit 28- PETERBILT OWNERS CHASSIS MANUAL, #29 Exhibit 29- PLTF TRIAL PRES DEPO, #30 Exhibit 30- PATHOLOGY REPORT, #31 Exhibit 31- PLTF MASTER ROG RESP, #32 Exhibit 32- PLTF DISC DEPO 4.16.20 VOL II, #33 Exhibit 33- PACCAR SAFETY SEMINAR 1976, #34 Exhibit 34- ARVINMERITOR RESP TO ROGS AND RFP, #35 Exhibit 35- ROCKWEEL Q SERIES BRAKE MANUAL 1978, #36 Exhibit 36- EWING REPORT, #37 Exhibit 37- MILLETTE REPORT, #38 Exhibit 38- STAGGS REPORT, #39 Exhibit 39- HOLSTEIN REPORT, #40 Exhibit 40- ORDER RE PLTFS MOT FOR SANCTIONS AGAINST PACCAR)(Stone, Sabrina) Modified to exclude duplicate text on 5/4/2021 (rhf).
|
|
Filing 213
RESPONSE in Opposition re #207 MOTION for Summary Judgment Plainitff's Response in Opposition to Defendant Daimler Trucks North America LLC's Motion for Summary Judgment by David L. Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1- ONEAL DEPO, #2 Exhibit 2- DTNA RESP TO RFA 8.19.20, #3 Exhibit 3- DTNA RESP TO ROGS 8.19.20, #4 Exhibit 4- KOPEKE DEPO 9.8.10, #5 Exhibit 5- ABEX RESP TO ROGS 3.26.19, #6 Exhibit 6- EATON CORR 4.2.79, #7 Exhibit 7- AIA LETTER TO EPA 6.30.88, #8 Exhibit 8- ASME 4.15.87, #9 Exhibit 9- FORD LETTER EPA 3.15.85, #10 Exhibit 10- EATON INTER OFFICE CORR 8.4.83, #11 Exhibit 11- FREIGHTLINER LETTER TO EATON 7.29.86, #12 Exhibit 12- CHRONOLOGICAL HISTORY, #13 Exhibit 13- EATON LETTER 10.15.86, #14 Exhibit 14- EATON CORR 12.3.86, #15 Exhibit 15- MVA LETTER 12.3.86, #16 Exhibit 16- PLTF TRIAL PRES DEPO, #17 Exhibit 17- PATHOLOGY REPORT, #18 Exhibit 18- PLTF ROG ANSWERS, #19 Exhibit 19- PLTF DISC DEPO 4.16.20 VOL II, #20 Exhibit 20- PLTF DISC DEPO 4.17.20 VOL III, #21 Exhibit 21- KOEPKE 3.9.07 DEPO, #22 Exhibit 22- 1979 SERVICE MANUAL, #23 Exhibit 23- EWING REPORT, #24 Exhibit 24- MILLETTE REPORT, #25 Exhibit 25- STAGGS REPORT, #26 Exhibit 26- HOLSTEIN REPORT)(Stone, Sabrina) Modified to exclude duplicate text on 5/4/2021 (rhf).
|
|
Filing 212
RESPONSE in Opposition re #186 MOTION for Summary Judgment of BWDAC Inc. by David L. Settlemyer, Jan Settlemyer. Replies due by 5/10/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Neilson, Todd) Modified docket text to exclude duplicate text on 5/4/2021 (rhf).
|
|
TEXT-ONLY ORDER denying #211 Motion for Leave to File Excess Pages Text of Order: The Plaintiffs' Motion for Leave to File Excess Pages is denied. So Ordered. Entered by Chief Judge Martin Reidinger on 4/30/21. (LMR)
|
|
Filing 211
MOTION for Leave to File Excess Pages Motion Seeking Court Approval to File Briefs in Excess of Twenty-Five Pages by David L. Settlemyer. Responses due by 5/13/2021 (Attachments: #1 Proposed Order Proposed Order) (Neilson, Todd). Motions referred to W. Carleton Metcalf.
|
|
Filing 210
Notice of Substitution of Counsel by Georgia Hezain Malik on behalf of Eaton Corporation, Attorney Laura Erb Dean terminated. (Malik, Georgia)
|
|
TEXT-ONLY ORDER granting #209 Motion for Extension of Time to File Response/Reply re #199 MOTION for Summary Judgment, #176 MOTION for Partial Summary Judgment, #178 MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony, #194 MOTION for Summary Judgment, #203 MOTION for Summary Judgment, #182 MOTION for Partial Summary Judgment, #207 MOTION for Summary Judgment, #171 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, as to Substantial Factor Causation, #201 MOTION in Limine, #205 MOTION in Limine Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation, #190 MOTION for Summary Judgment, #188 MOTION in Limine to Exclude Testimony of Dr. Edwin Holstein, #196 MOTION in Limine to Exclude Edwin Holstein, M.D., #184 MOTION in Limine Daubert Mtn to Exclude Testimony of Holstein, #186 MOTION for Summary Judgment, #192 MOTION in Limine Daubert Motion to Exclude Testimony of Plaintiffs' Expert Edwin C. Holstein, M.D., #195 MOTION for Summary Judgment, #173 MOTION for Summary Judgment, #202 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses, #180 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, #179 MOTION in Limine to Exclude Testimony of Edwin Holstein. Responses due by 5/4/2021 Text of Order: The parties' Joint Motion is GRANTED, and the parties shall have an additional seven (7) days to file responses to the above referenced motions. So Ordered. Entered by Chief Judge Martin Reidinger on 4/21/21. (LMR) Modified text on 4/21/2021. NEF Regenerated. (maf)
|
|
Filing 209
Joint MOTION for Extension of Time to File Response/Reply to MSJ and Daubert Motions by David L. Settlemyer. Responses due by 5/4/2021 (Attachments: #1 Proposed Order)( Neilson, Todd). Motions referred to W. Carleton Metcalf. Modified text on 4/23/2021 (ejb).
|
|
Filing 208
MEMORANDUM in Support re #207 MOTION for Summary Judgment by Daimler Trucks North America LLC. (Attachments: #1 Appendix of Exhibits to Memo in Support of Motion for Summary Judgment, #2 Exhibit A - Excerpts from 04.15.20 Trial Preservation Deposition of Mr. Settlemyer, #3 Exhibit B - Declaration of Timothy O'Neal, #4 Exhibit C - Excerpts from the 04.17.20 Discovery Deposition of Mr. Settlemyer, #5 Exhibit D - Excerpts from the 04.16.20 Discovery Deposition of Mr. Settlemyer)(Tomlin, Tracy)
|
|
Filing 207
MOTION for Summary Judgment by Daimler Trucks North America LLC. Responses due by 4/27/2021 (Tomlin, Tracy)
|
|
Filing 206
MEMORANDUM in Support re #205 MOTION in Limine Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation by Daimler Trucks North America LLC. (Attachments: #1 Appendix of Exhibits to Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation, #2 Exhibit A - Excerpts from 04.17.20 Discovery Deposition of Mr. Settlemyer, #3 Exhibit B - Excerpts from 04.15.20 Trial Preservation Deposition of Mr. Settlemyer, #4 Exhibit C - Excerpts from 04.15.20 Discovery Deposition of Mr. Settlemyer, #5 Exhibit D - Report of Dr. Holstein, #6 Exhibit E - Supplemental Report of Dr. Staggs, #7 Exhibit F - Report of Dr. Staggs 10.14.20)(Tomlin, Tracy) Modified docket text to reflect this is a Memorandum on 4/14/2021. (maf)
|
|
Filing 205
MOTION in Limine Daubert Motion to Exclude the Cumulative Exposure Opinion as Evidence of Specific Causation by Daimler Trucks North America LLC. Responses due by 4/27/2021 (Tomlin, Tracy)
|
|
Filing 204
MEMORANDUM in Support re #203 MOTION for Summary Judgment by CRA Trailers Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Jones, Kelly)
|
|
Filing 203
MOTION for Summary Judgment by CRA Trailers Inc.. Responses due by 4/27/2021 (Jones, Kelly)
|
|
Filing 202
MOTION in Limine Plaintiff's Daubert Motion to Exclude the Causation Opinions of Defendant's Expert Witnesses by David L. Settlemyer. Responses due by 4/27/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42) (Neilson, Todd)
|
|
Filing 201
MOTION in Limine by Pneumo Abex, LLC. Responses due by 4/27/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit Attachment A - Andervont Article, #3 Exhibit Attachment B - Bitner Article, #4 Exhibit Attachment C - Heston Article, #5 Exhibit Attachment D - Mider Publication, #6 Exhibit Attachment E - Rodarmel, #7 Exhibit Attachment F - Menssen, #8 Exhibit Attachment G - Gillenwater, #9 Exhibit Attachment H - Ellis, #10 Exhibit Attachment I - Morton MIL Ruling, #11 Exhibit Attachment J - Swasey, #12 Exhibit Attachment K - Phillips, #13 Exhibit Attachment L - Winford, #14 Exhibit Attachment M - Foster, #15 Exhibit Attachment N - Lasich Order, #16 Exhibit Attachment O - Pratt Trial Testimony, #17 Exhibit Attachment P - Putt Ruling, #18 Exhibit Attachment Q - Fouche, #19 Exhibit Attachment R - Klopman Rulings, #20 Exhibit AX 600, #21 Exhibit AX 600A, #22 Exhibit AX 601, #23 Exhibit AX 602, #24 Exhibit AX 603, #25 Exhibit AX 604, #26 Exhibit AX 605, #27 Exhibit AX 606, #28 Exhibit AX 607, #29 Exhibit AX 608, #30 Exhibit AX 611, #31 Exhibit AX 618, #32 Exhibit AX 632, #33 Exhibit AX 637, #34 Exhibit AX 638, #35 Exhibit AX 639, #36 Exhibit AX 639.1, #37 Exhibit AX 640, #38 Exhibit AX 640A, #39 Exhibit AX 640.1A, #40 Exhibit AX 641, #41 Exhibit AX 642, #42 Exhibit AX 644, #43 Exhibit AX 652, #44 Exhibit AX 653, #45 Exhibit AX 681, #46 Exhibit AX 739, #47 Exhibit AX 739.1, #48 Exhibit AX 743, #49 Exhibit AX 746, #50 Exhibit AX 748, #51 Exhibit AX 783, #52 Proposed Order) (McLeod, Yancey)
|
|
Filing 200
MEMORANDUM in Support re #199 MOTION for Summary Judgment by Paccar, Inc.. (Attachments: #1 Exhibit 1 - Dr. Rabinovitz Expert Report, #2 Exhibit 2 - Plaintiff's Trial Deposition (portions), #3 Exhibit 3 - Plaintiff's Deposition Volume II (portions), #4 Exhibit 4 - Plaintiff's Deposition Volume I (portions), #5 Exhibit 5 - PACCAR's Responses to Interrogatories, #6 Exhibit 6 - Deposition of PACCAR's Corporate Representative, #7 Exhibit 7 - PACCAR's Responses to Request for Production of Documents, #8 Exhibit 8 - PACCAR's Responses to Request for Admissions)(Drayton, Amy)
|
|
Filing 199
MOTION for Summary Judgment by Paccar, Inc.. Responses due by 4/27/2021 (Drayton, Amy)
|
|
Filing 198
MEMORANDUM in Support re #195 MOTION for Summary Judgment by ZF Active Safety US Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Settlemyer Deposition Vol. III, #3 Exhibit C - Settlemyer Deposition Vol. I, #4 Exhibit D - Settlemyer Trial Preservation Deposition, #5 Exhibit E - Settlemyer Deposition Vol. II, #6 Exhibit F - Pneumo Abex Resp Ptf Rogs, #7 Exhibit G - Carlisle Resp Ptf Rogs, #8 Exhibit H - Eaton Resp Pft Rogs)(McDonald, Moffatt)
|
|
Filing 197
MEMORANDUM in Support re #196 MOTION in Limine to Exclude Edwin Holstein, M.D. by Carlisle Industrial Brake & Friction, Inc.. (Attachments: #1 Exhibit 9: Holstein Deposition, #2 Exhibit 10: Holstein Expert Report, #3 Exhibit 11: Plaintiffs' Expert Disclosures)(May, Justin)
|
|
Filing 196
MOTION in Limine to Exclude Edwin Holstein, M.D. by Carlisle Industrial Brake & Friction, Inc.. Responses due by 4/27/2021 (May, Justin)
|
|
Filing 195
MOTION for Summary Judgment by ZF Active Safety US Inc.. Responses due by 4/27/2021 (McDonald, Moffatt)
|
|
Filing 194
MOTION for Summary Judgment by Pneumo Abex, LLC. Responses due by 4/27/2021 (Attachments: #1 Memorandum in Support of MSJ, #2 Exhibit A - Trial Deposition, #3 Exhibit B - Discovery Vol. I, #4 Exhibit C - Discovery Vol. II, #5 Exhibit D - Discovery Vol. III, #6 Exhibit E - Settlemyer Interrogatories, #7 Exhibit F - Goodwin Interrogatories, #8 Exhibit G - Stone Heavy Documents, #9 Exhibit H - Consolidated Documents, #10 Exhibit I - Hess Deposition, #11 Exhibit J - Abex Warning, #12 Exhibit K - Ewing Deposition) (McLeod, Yancey)
|
|
Filing 193
MEMORANDUM in Support re #192 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT EDWIN C. HOLSTEIN, M.D. by CRA Trailers Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jones, Kelly)
|
|
Filing 192
MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT EDWIN C. HOLSTEIN, M.D. by CRA Trailers Inc.. Responses due by 4/27/2021 (Jones, Kelly)
|
|
Filing 191
MEMORANDUM in Support re #190 MOTION for Summary Judgment by Carlisle Industrial Brake & Friction, Inc.. (Attachments: #1 Exhibit Ex 1: David Settlemyer Deposition Volume I, #2 Exhibit Ex 2: David Settlemyer Deposition Volume II, #3 Exhibit Ex 3: David Settlemyer Deposition Volume III, #4 Exhibit Ex 4: David Settlemyer Trial Preservation Deposition, #5 Exhibit Ex 5: Carlisle's Verified Set of Discovery Responses, #6 Exhibit Ex 6: Ronald Creamer Deposition, #7 Exhibit Ex 7: Carlisle's Verified Supplemental Responses to Interrogatories, #8 Exhibit Ex 8: Carlisle's Responses to Request for Admissions)(May, Justin) (Attachment 4 replaced on 4/14/2021) (tlj).
|
|
Filing 190
MOTION for Summary Judgment by Carlisle Industrial Brake & Friction, Inc.. Responses due by 4/27/2021 (May, Justin)
|
|
Filing 189
MEMORANDUM in Support re #188 MOTION in Limine to Exclude Testimony of Dr. Edwin Holstein by Paccar, Inc.. (Attachments: #1 Exhibit Defendant PACCAR, Inc.'s Responses to Interrogatories, #2 Exhibit Dr. Holstein's Expert Report, #3 Exhibit Dr. Holstein's Deposition Testimony (portions))(Drayton, Amy)
|
|
Filing 188
MOTION in Limine to Exclude Testimony of Dr. Edwin Holstein by Paccar, Inc.. Responses due by 4/27/2021 (Drayton, Amy)
|
|
Filing 187
MEMORANDUM in Support re #186 MOTION for Summary Judgment by BWDAC Inc.. (Attachments: #1 Exhibit Exh A - BWDAC's INT RFP of PltfDisc, #2 Exhibit Exh B - specific pages - Settlemyer Depo 4-15-20, #3 Exhibit Exh C - 4th Circuit Schlage Lock order)(Early, William)
|
|
Filing 186
MOTION for Summary Judgment by BWDAC Inc.. Responses due by 4/27/2021 (Early, William)
|
|
Filing 185
MEMORANDUM in Support re #184 MOTION in Limine Daubert Mtn to Exclude Testimony of Holstein by BWDAC Inc.. (Attachments: #1 Exhibit Exh A Holstein Report 10-15-20, #2 Exhibit Exh B specific pages Holstein Depo - 3-08-21, #3 Exhibit Exh C specific pages - Settlemyer Depo 4-15-20)(Early, William) (Main Document 185 replaced on 4/14/2021) (rhf). Modified with corrected PDF on 4/14/2021 (rhf).
|
|
Filing 184
MOTION in Limine Daubert Mtn to Exclude Testimony of Holstein by BWDAC Inc.. Responses due by 4/27/2021 (Early, William) (Main Document 184 replaced on 4/14/2021) (rhf). Modified with corrected PDF on 4/14/2021, NEF regenerated (rhf).
|
|
Filing 183
MEMORANDUM in Support re #182 MOTION for Partial Summary Judgment by Morse TEC LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Settlemyer Depo Vol. II, #3 Exhibit C-Settlmyer Depo, #4 Exhibit D-Morse TEC 2nd Amed. Resp. Paragraph 8, #5 Exhibit E- Morse TEC 2nd Amed. Resp-Paragraph 20, #6 Exhibit F- Morse TEC 2nd Amed. Resp-Paragraph 18, #7 Exhibit G- Morse TEC 2nd Amed Resp. to RFPD 4, #8 Exhibit H-Memorandum, #9 Exhibit I- Asbestos TLV Chronology, #10 Exhibit J-ACHIG 17th Annual Meeting, #11 Exhibit K-H.E. Stokinger, Industrial Air Standards, #12 Exhibit L- Minutes of Occupational Exposures, #13 Exhibit M-D.J. Pustenbach -Evaluation)(Stein, Gerald) (Main Document 183 replaced on 4/14/2021) (rhf). Modified on 4/14/2021 with corrected PDF, NEF regenerated (rhf).
|
|
Filing 182
MOTION for Partial Summary Judgment by Morse TEC LLC. Responses due by 4/27/2021 (Stein, Gerald) (Main Document 182 replaced on 4/14/2021) (rhf). Modified on 4/14/2021 with corrected PDF, NEF regenerated (rhf).
|
|
Filing 181
MEMORANDUM in Support re #180 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein by Morse TEC LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Settlemyer Depo Vol. II, #3 Exhibit C- Settlemyer Depo, #4 Exhibit D-Morse TEC discovery response, #5 Exhibit E- Morse TEC Amed. Resp-Paragraph 20, #6 Exhibit F- Morse TEC Amed. Resp-Paragraph 18, #7 Exhibit G-Morse TEC Amed. Resp.-Paragraph 4, #8 Exhibit H- Dr. Holstein's materials)(Stein, Gerald) (Main Document 181 replaced on 4/14/2021) (rhf). Modified with corrected PDF, NEF regenerated on 4/14/2021 (rhf).
|
|
Filing 180
MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein by Morse TEC LLC. Responses due by 4/27/2021 (Stein, Gerald) (Main Document 180 replaced on 4/14/2021) (rhf). Modified with corrected PDF on 4/14/2021, NEF regenerated (rhf).
|
|
Filing 179
MOTION in Limine to Exclude Testimony of Edwin Holstein by Pneumo Abex, LLC. Responses due by 4/27/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit A - Holstein Deposition, #3 Exhibit B - Holstein Report) (McLeod, Yancey)
|
|
Filing 178
MOTION in Limine Plaintiff's Daubert Motion to Exclude Speculative, Irrelevant and/or Cumulative Expert Testimony by David L. Settlemyer. Responses due by 4/27/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Neilson, Todd)
|
|
Filing 177
MEMORANDUM in Support re #176 MOTION for Partial Summary Judgment by David L. Settlemyer. (Neilson, Todd)
|
|
Filing 176
MOTION for Partial Summary Judgment by David L. Settlemyer. Responses due by 4/27/2021 (Neilson, Todd)
|
|
Filing 175
MEMORANDUM in Support re #173 MOTION for Summary Judgment by Eaton Corporation. (Attachments: #1 Exhibit 1 - Trial Transcript, #2 Exhibit 2 - Settlemyer Depo Transcript Vol I, #3 Exhibit 3 -Settlemyer Depo Transcript Vol II, #4 Exhibit 4 - Settlemyer Depo Transcript Vol III, #5 Exhibit 5 - James Clark Depo Transcript, #6 Exhibit 6 - Carlisle's Responses to Plaintiffs' First Set of INT RPD, #7 Exhibit 7 - Pneum Abex's Responses to Plaintiffs' INT)(Dean, Laura)
|
|
Filing 174
Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts by David L. Settlemyer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Neilson, Todd)
|
|
Filing 173
MOTION for Summary Judgment by Eaton Corporation. Responses due by 4/27/2021 (Dean, Laura)
|
|
Filing 172
MEMORANDUM in Support re #171 MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, as to Substantial Factor Causation by ZF Active Safety US Inc.. (Attachments: #1 Exhibit A - Settlemyer Depo Vol. III 4-17-20, #2 Exhibit B - Holstein Deposition 3-8-21, #3 Exhibit C - Holstein Deposition 6-26-20 (Vinson), #4 Exhibit D - Holstein Report 10-15-2020, #5 Exhibit E - Ewing Report 6-5-20, #6 Exhibit F - Ewing Depo 3-3-21)(McDonald, Moffatt)
|
|
Filing 171
MOTION in Limine to Exclude Testimony of Plaintiffs' Expert, Dr. Edwin Holstein, as to Substantial Factor Causation by ZF Active Safety US Inc.. Responses due by 4/27/2021 (McDonald, Moffatt)
|
|
Filing 170
STIPULATION Joint Stipulation Regarding Resolved Claims and Remaining Issues for the Court to Resolve by David L. Settlemyer (Neilson, Todd)
|
|
Filing 169
STIPULATION re #159 Report of Mediation Joint Stipulation Regarding Resolved Claims and Remaining Issues for the Court to Resolve by David L. Settlemyer, Jan Settlemyer (Graham, William)
|
|
TEXT-ONLY ORDER re #165 MOTION to Compel Plaintiffs filed by CRA Trailers Inc. Text of Order: The Court has received correspondence from counsel for Defendant CRA Trailers, Inc. advising that the parties have reached a negotiated resolution of all issues raised in CRA Trailers, Inc.'s #165 Motion to Compel. Accordingly, the March 31, 2021 hearing on the Motion to Compel is CANCELED, and the Motion to Compel is DENIED AS MOOT. So Ordered. Entered at the direction of Magistrate Judge W. Carleton Metcalf on 3/31/2021. (kby)
|
|
Filing 168
STIPULATION of Dismissal by CBS Corporation (Techman, Jennifer)
|
|
Filing 167
NOTICE of Appearance by Jonathan W. Massell on behalf of CRA Trailers Inc. (Massell, Jonathan)
|
|
NOTICE of Hearing on Motion re: #165 MOTION to Compel Plaintiffs: REMOTE Motion Hearing set for 3/31/2021 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge W. Carleton Metcalf. **Parties are to appear remotely by video.** This is your only notice - the Clerk will provide connection information in a separate correspondence to the parties. (kby)
|
|
Filing 166
MEMORANDUM in Support re #165 MOTION to Compel Plaintiffs by CRA Trailers Inc.. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Jones, Kelly)
|
|
Filing 165
MOTION to Compel Plaintiffs by CRA Trailers Inc.. Responses due by 4/5/2021 (Jones, Kelly). Motions referred to W. Carleton Metcalf.
|
|
Filing 164
***Disregard, docketed in error, NEF regenerated (rhf).
|
|
Filing 163
ORDER granting #162 Motion to Dismiss, and all the Plaintiff's claims against Defendant Navistar Inc. are hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 3/22/2021. (rhf) Modified text on 3/22/2021 (rhf).
|
|
Filing 162
Joint MOTION to Dismiss by Navistar, Inc.. Responses due by 4/1/2021 (Attachments: #1 Proposed Order) (Tomlin, Tracy). Motions referred to W. Carleton Metcalf.
|
|
Filing 161
NOTICE of Appearance by Gerald Anderson Stein, II on behalf of Morse TEC LLC (Stein, Gerald)
|
|
Reset Deadlines: Discovery completion deadline extended to 3/22/2021. (kby)
|
|
TEXT-ONLY ORDER granting #160 Motion to Extend Discovery Deadline Text of Order: ORDER: The Joint Motion to Extend Discovery Deadline is GRANTED, and the discovery completion deadline is EXTENDED by seven (7) days, through and including March 22, 2021. All other provisions of the Pretrial Order and Case Management Plan (Doc. 96), as previously amended, remain in effect. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 3/16/2021. (kkb)
|
|
Filing 160
Joint MOTION for Discovery Extension of Deadline until March 22, 2021 by David L. Settlemyer. Responses due by 3/29/2021 (Attachments: #1 Proposed Order Proposed Order for Joint Motion to Extend Discovery Deadline) (Neilson, Todd). Motions referred to W. Carleton Metcalf.
|
|
Filing 159
REPORT of Mediation. Outcome of Mediation: Partially Settled. (Starr, William)
|
|
Filing 158
ORDER granting #157 Motion for Leave to Appear Pro Hac Vice added Johan D. Flynn for Pneumo Abex, LLC (Pro Hac Vice Attorney served via NEF) Signed by Magistrate Judge W. Carleton Metcalf on 3/9/2021. (rhf)
|
|
Notice to Johan D. Flynn: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. (Attorney served via NEF) Deadline by 3/16/2021. (rhf)
|
|
Filing 157
MOTION for Leave to Appear Pro Hac Vice as to Johan D. Flynn Filing fee $ 288, receipt number 0419-4930278. by Pneumo Abex, LLC. (Sullivan, Kimberly). Motions referred to W. Carleton Metcalf.
|
|
Filing 156
ORDER granting #155 Motion to Withdraw as Attorney. Attorney Keith E. Coltrain and Brianna H. Walther terminated. Signed by Magistrate Judge W. Carleton Metcalf on 3/8/2021. (rhf)
|
|
Filing 155
MOTION to Withdraw as Attorney by Carlisle Industrial Brake & Friction, Inc.. Responses due by 3/19/2021 (Coltrain, Keith). Motions referred to W. Carleton Metcalf.
|
|
Filing 154
ORDER granting #153 Motion for Leave to Appear Pro Hac Vice added Bill Fountain for Federal-Mogul Asbestos Personal Injury Trust (Pro Hac Vice Attorney served via NEF) Signed by Magistrate Judge W. Carleton Metcalf on 2/23/2021. (rhf)
|
|
Notice to Bill Fountain: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 3/2/2021. (rhf)
|
|
Filing 153
MOTION for Leave to Appear Pro Hac Vice as to Bill Fountain Filing fee $ 288, receipt number 0419-4907922. by Federal-Mogul Asbestos Personal Injury Trust. (Coltrain, Keith). Motions referred to W. Carleton Metcalf.
|
|
Filing 152
DELETED DOCUMENT filed in error. Modified on 2/22/2021 (mga).
|
|
Filing 151
ORDER granting #150 Motion for Leave to Appear Pro Hac Vice added Peter D. Polchinski for Cummins, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 2/22/2021. (khm)
|
|
Notice to Peter D. Polchinski: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 3/1/2021. (khm)
|
|
Filing 150
MOTION for Leave to Appear Pro Hac Vice as to Peter D. Polchinski Filing fee $ 288, receipt number 0419-4905745. by Cummins, Inc.. (Attachments: #1 Certificate of Service) (Rubel, Douglas). Motions referred to W. Carleton Metcalf.
|
|
Filing 149
ORDER granting #148 Motion for Leave to Appear Pro Hac Vice added J. Andrew Atkins for Paccar, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 2/16/2021. (rhf)
|
|
Notice to J. Andrew Atkins: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF). Deadline by 2/24/2021. (rhf)
|
|
Filing 148
MOTION for Leave to Appear Pro Hac Vice as to J. Andrew Atkins on behalf of PACCAR, Inc. Filing fee $ 288, receipt number 0419-4897477. by Paccar, Inc.. (Drayton, Amy). Motions referred to W. Carleton Metcalf.
|
|
Filing 147
ORDER granting #145 Motion for Leave to Appear Pro Hac Vice, added Timothy McGowan for Carlisle Industrial Brake & Friction, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 2/05/2021. (ejb)
|
|
Filing 146
ORDER granting #144 Motion for Leave to Appear Pro Hac Vice, added Stephen M. Capriotti, Jr. for Carlisle Industrial Brake & Friction, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 2/05/2021. (ejb)
|
|
Filing 145
MOTION for Leave to Appear Pro Hac Vice as to Timothy McGowan Filing fee $ 288, receipt number 0419-4884992. by Carlisle Industrial Brake & Friction, Inc.. (Sauls, Eric). Motions referred to W. Carleton Metcalf.
|
|
Filing 144
MOTION for Leave to Appear Pro Hac Vice as to Stephen M. Capriotti, Jr. Filing fee $ 288, receipt number 0419-4884967. by Carlisle Industrial Brake & Friction, Inc.. (Sauls, Eric). Motions referred to W. Carleton Metcalf.
|
|
Notice to Attorney Stephen M. Capriotti, Jr.: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF.) Deadline by 2/12/2021. (ejb)
|
|
Notice to Attorney Timothy McGowan: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF). Deadline by 2/12/2021. (ejb)
|
|
Filing 143
ORDER granting #142 Motion for Leave to Appear Pro Hac Vice added Kelvin T. Wyles for Borg-Warner Morse Tec, LLC, Kelsey-Hayes Company, Morse TEC LLC and ZF Active Safety US Inc. Signed by Magistrate Judge W. Carleton Metcalf on 2/1/2021. (rhf)
|
|
Notice to Kelvin T. Wyles: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/8/2021. (rhf)
|
|
Filing 142
MOTION for Leave to Appear Pro Hac Vice as to Kelvin T. Wyles Filing fee $ 288, receipt number 0419-4874112. by Borg-Warner Morse Tec, LLC, ZF Active Safety US Inc.. (Levy, David). Motions referred to W. Carleton Metcalf.
|
|
Filing 141
ORDER granting #140 Motion for Leave to Appear Pro Hac Vice added David M. Burkoff for CRA Trailers Inc. Signed by Magistrate Judge W. Carleton Metcalf on 1/25/2021. (rhf)
|
|
Notice to David M. Burkoff: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/1/2021. (rhf)
|
|
Filing 140
MOTION for Leave to Appear Pro Hac Vice as to David M. Burkoff Filing fee $ 288, receipt number 0419-4862956. by CRA Trailers Inc.. (Attachments: #1 Proposed Order) (Jones, Kelly). Motions referred to W. Carleton Metcalf.
|
|
Filing 139
ORDER granting #138 Motion for Leave to Appear Pro Hac Vice and ADMITS Erik D. Nadolink to practice pro hac vice before the Court in this matter for Pneumo Abex, LLC. Signed by Magistrate Judge W. Carleton Metcalf on 1/20/21. (hms)
|
|
Notice to Erik D. Nadolink: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/27/2021. (hms)
|
|
Filing 138
MOTION for Leave to Appear Pro Hac Vice as to Erik D. Nadolink Filing fee $ 288, receipt number 0419-4856568. by Pneumo Abex, LLC. (O'Neill, Mary). Motions referred to W. Carleton Metcalf.
|
|
Filing 136
ORDER: Plaintiffs' #120 Motion to Compel Defendant Carlisle Industrial Brake & Friction, Inc. to Respond to Plaintiffs' Interrogatories, and Request for Production of Documents, Dates for the Deposition of Defendant's Rule 30(b)(6) Corporate Representative, and Motion Regarding Sufficiency of Certain Responses to Request for Admission is DENIED as specified herein. Signed by Magistrate Judge W. Carleton Metcalf on 1/6/2021. (maf)
|
|
Minute Entry: MOTION HEARING held before Magistrate Judge W. Carleton Metcalf re #120 MOTION to Compel. Listed counsel participated remotely via Zoom, with several additional attorneys present on the call. Motion taken under advisement, order to follow. Plaintiffs attorney: Casey Cira. Defendants attorney: Eric Sauls. Court reporter: DCR. (kby)
|
|
Filing 135
NOTICE of Appearance by Sabrina G. Stone on behalf of All Plaintiffs (Stone, Sabrina)
|
|
Filing 134
NOTICE of Appearance by Donald P. Blydenburgh on behalf of All Plaintiffs (Blydenburgh, Donald)
|
|
Filing 133
ORDER granting #130 Motion for Leave to Appear Pro Hac Vice added Shane Hampton for David L. Settlemyer and for Jan Settlemyer. Signed by Magistrate Judge W. Carleton Metcalf on 12/16/2020. (rhf)
|
|
Filing 132
ORDER granting #129 Motion for Leave to Appear Pro Hac Vice added Sabrina G. Stone for David L. Settlemyer and Jan Settlemyer. Signed by Magistrate Judge W. Carleton Metcalf on 12/16/2020. (rhf)
|
|
Filing 131
ORDER granting #128 Motion for Leave to Appear Pro Hac Vice and ADMITS Donald P. Blydenburgh to practice pro hac vice before the Court in this matter for David L. Settlemyer and Jan Settlemyer. Signed by Magistrate Judge W. Carleton Metcalf on 12/15/2020. (hms)
|
|
Notice to Shane F. Hampton: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/23/2020. (rhf)
|
|
Notice to Donald P. Blydenburgh: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/23/2020. (hms)
|
|
Notice to Sabrina G. Stone: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/23/2020. (rhf)
|
|
Filing 130
MOTION for Leave to Appear Pro Hac Vice as to Shane F. Hampton Filing fee $ 288, receipt number 0419-4807862. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Proposed Order Admitting Shane F. Hampton) (Graham, William). Motions referred to W. Carleton Metcalf.
|
|
Filing 129
MOTION for Leave to Appear Pro Hac Vice as to Sabrina G. Stone Filing fee $ 288, receipt number 0419-4807778. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Proposed Order Admitting Sabrina G. Stone) (Graham, William). Motions referred to W. Carleton Metcalf.
|
|
Filing 128
MOTION for Leave to Appear Pro Hac Vice as to Donald P. Blydenburgh Filing fee $ 288, receipt number 0419-4807568. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Proposed Order Admitting Donald P. Blydenburgh) (Graham, William). Motions referred to W. Carleton Metcalf.
|
|
Filing 127
STIPULATION of Dismissal with Prejudice by Dana Companies, LLC (Early, William)
|
|
Filing 126
REPLY to Response to Motion re #120 MOTION to Compel Defendant Carlisle Industrial Brake & Friction, Inc. to Respond to Plaintiffs Interrogatories, and Request for Production of Documents, Dates for the Depostion of Defendant's Rule 30(b)(6) Corporate Representative and Motion Regarding Sufficiency of Certain Responses to Request for Admission by David L. Settlemyer, Jan Settlemyer. (Graham, William) Modified text on 12/8/2020. (khm)
|
|
NOTICE of Hearing on Motion re: #120 MOTION to Compel: Motion Hearing set for 12/21/2020 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 REMOTELY by Zoom before Magistrate Judge W. Carleton Metcalf. This is your only notice - the Clerk will contact the parties to provide remote connection instructions.(kby)
|
|
Filing 125
MEMORANDUM in Opposition re #120 MOTION to Compel Defendant Carlisle Industrial Brake & Friction, Inc. to Respond to Plaintiffs Interrogatories, and Request for Production of Documents, Dates for the Depostion of Defendant's Rule 30(b)(6) Corporate Representative and Motion R by Carlisle Industrial Brake & Friction, Inc.. Replies due by 12/7/2020 (Attachments: #1 Exhibit Deposition Transcript Portions, #2 Exhibit Correspondence between Counsel Addressing Discovery Disputes)(May, Justin)
|
|
Filing 124
NOTICE of Appearance by Justin G. May on behalf of Carlisle Industrial Brake & Friction, Inc. (May, Justin)
|
|
In light of the filing of the #119 Consent Amendment by Interlineation, the docket has been modified to add ZF Active Safety US Inc. as a party-Defendant and to terminate Defendant Kelsey-Hayes Company as a defendant. This amendment is effective as of 11/12/2020. (maf)
|
|
Filing 123
Notice of Substitution of Counsel by Mary Elizabeth O'Neill, Eric G. Sauls, Christopher J Derrenbacher on behalf of Carlisle Industrial Brake & Friction, Inc., Attorney Kimberly Sullivan; Yancey A. McLeod, III and Mary Elizabeth O'Neill terminated. (O'Neill, Mary)
|
|
Filing 122
NOTICE of Service of Expert Disclosures by BWDAC Inc. (Early, William)
|
|
Motion referred to W. Carleton Metcalf: #119 Consent Amendment will be addressed by Magistrate Judge Metcalf. (maf)
|
|
Filing 121
MEMORANDUM in Support re #120 MOTION to Compel Defendant Carlisle Industrial Brake & Friction, Inc. to Respond to Plaintiffs Interrogatories, and Request for Production of Documents, Dates for the Depostion of Defendant's Rule 30(b)(6) Corporate Representative and Motion R Regarding Sufficiency of Certain Responses to Requests for Admission by David L. Settlemyer and Jan Settlemyer. (Attachments: #1 Exhibit Index Relating to Motion to Compel Directed to Carlisle Industrial Brake & Friction, Inc.) (Neilson, Todd) Modified docket text on 11/13/2020 to add Jan Settlemyer as a filing party and to remove duplicate text. (maf)
|
|
Filing 120
MOTION to Compel Defendant Carlisle Industrial Brake & Friction, Inc. to Respond to Plaintiffs' Interrogatories, and Request for Production of Documents, Dates for the Depostion of Defendant's Rule 30(b)(6) Corporate Representative and Motion Regarding Sufficiency of Certain Responses to Request for Admission by David L. Settlemyer and Jan Settlemyer. Responses due by 11/30/2020. (Attachments: #1 Exhibit 1 - Pages from the Deposition of David Settlemyer, #2 Exhibit 2 - Email Service of Discovery Directed to Carlisle, #3 Exhibit 3 - Carlisle Responses to Interrogatories and Requests for Production, #4 Exhibit 4 - Carlisle Responses to Requests for Admissions, #5 Exhibit 5 - Rule 37 Letter directed to Carlisle, #6 Exhibit 6 - Discovery related emails, #7 Exhibit 7 - Plaintiffs Rule 37 Certification, #8 Exhibit 8 - Plaintiffs Rule 30(b)(6) Notice of Deposition of Corporate Representative of Carlisle, #9 Plaintiffs Memorandum of Law in Support of Motion to Compel Defendant Carlisle) (Neilson, Todd). Motions referred to W. Carleton Metcalf. Modified docket text on 11/13/2020 to add Jan Settlemyer as a filing party and to remove duplicate text. (maf)
|
|
Filing 119
Consent Amendment by Interlineation filed by Jan Settlemyer, David L. Settlemyer. (Attachments: #1 Proposed Order Granting Consent Amendment by Interlineation)(Graham, William) Modified docket text on 11/13/2020. NEF Regenerated. (maf)
|
|
Filing 118
ORDER granting #117 Motion for Leave to Appear Pro Hac Vice added Jennifer Green for Eaton Corporation. Signed by Magistrate Judge W. Carleton Metcalf on 10/27/2020. (reh) Modified file date on 10/28/2020 (reh).
|
|
Notice to Jennifer Green: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/4/2020. (reh)
|
|
Filing 117
MOTION for Leave to Appear Pro Hac Vice as to Jennifer Green Filing fee $ 281, receipt number 0419-4733021. by Eaton Corporation. (Dean, Laura). Motions referred to W. Carleton Metcalf.
|
|
Filing 116
ORDER that #114 Motion for Leave to Appear Pro Hac Vice is denied as moot and granting #115 Amended Motion for Leave to Appear Pro Hac Vice, added P. Saxon Guerriere for Paccar, Inc. Signed by Magistrate Judge W. Carleton Metcalf on 10/22/2020. (reh)
|
|
Notice to P. Saxon Guerriere: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/29/2020. (reh)
|
|
Filing 115
Amended MOTION for Leave to Appear Pro Hac Vice as to P. Saxon Guerriere by Paccar, Inc. Responses due by 11/4/2020. Amending #114 Motion for Leave to Appear PHV. (Drayton, Amy). Motions referred to W. Carleton Metcalf. Modified relief type on 10/22/2020, NEF regenerated (reh).
|
|
Filing 114
MOTION for Leave to Appear Pro Hac Vice as to P. Saxon Guerriere Filing fee $ 281, receipt number 0419-4724387. by Paccar, Inc.. (Drayton, Amy). Motions referred to W. Carleton Metcalf.
|
|
Filing 113
ORDER granting #112 Motion for Leave to Appear Pro Hac Vice added John Michael Fitzpatrick for Pneumo Abex, LLC. Signed by Magistrate Judge W. Carleton Metcalf on 10/19/2020. (reh)
|
|
Filing 112
MOTION for Leave to Appear Pro Hac Vice as to John M. Fitzpatrick Filing fee $ 281, receipt number 0419-4708402. by Pneumo Abex, LLC. (O'Neill, Mary). Motions referred to W. Carleton Metcalf.
|
|
Filing 111
ORDER granting #110 Motion for Leave to Appear Pro Hac Vice, added Yancey A. McLeod, III for Carlisle Industrial Brake & Friction, Inc., and Pneumo Abex, LLC. Signed by Magistrate Judge W. Carleton Metcalf on 10/09/2020. (ejb)
|
|
Filing 110
MOTION for Leave to Appear Pro Hac Vice as to Yancey A. McLeod III Filing fee $ 281, receipt number 0419-4705851. by Carlisle Industrial Brake & Friction, Inc., Pneumo Abex, LLC. (O'Neill, Mary). Motions referred to W. Carleton Metcalf.
|
|
Filing 109
Notice of Withdrawal of document by David L. Settlemyer, Jan Settlemyer ***Documents terminated: #107 MOTION for Court Order for Release of Pathology Material filed by David L. Settlemyer, Jan Settlemyer. (Graham, William)
|
|
Filing 108
ORDER that on or before 10/8/2020, Plaintiffs are directed to file either:1) A Notice stating that a ruling on the #107 Motion remains necessary, including an explanation for such a position; or 2) A Notice withdrawing the #107 Motion for Court Order for Release of David L. Settlemyer's Pathology Material. Signed by Magistrate Judge W. Carleton Metcalf on 10/5/2020. (khm)
|
|
Filing 107
***Motion Withdrawn per #107 Notice of Withdrawal of Document*** MOTION for Court Order for Release of Pathology Material by David L. Settlemyer, Jan Settlemyer. Responses due by 10/15/2020 (Attachments: #1 Exhibit A - Email from Atrium Health, #2 Proposed Order) (Graham, William). Motions referred to W. Carleton Metcalf. Modified docket text on 10/2/2020. (maf) Modified text on 10/7/2020. (khm)
|
|
Filing 106
ORDER granting #103 , #104 , #105 Motions for Leave to Appear Pro Hac Vice added Moffatt G. McDonald, Scott E. Frick, W. David Conner for Kelsey-Hayes Company. Signed by Magistrate Judge W. Carleton Metcalf on 9/25/2020. (reh)
|
|
Filing 105
MOTION for Leave to Appear Pro Hac Vice as to W. David Conner Filing fee $ 281, receipt number 0419-4683011. by Kelsey-Hayes Company. (Major, Christopher). Motions referred to W. Carleton Metcalf.
|
|
Filing 104
MOTION for Leave to Appear Pro Hac Vice as to Scott E Frick Filing fee $ 281, receipt number 0419-4682990. by Kelsey-Hayes Company. (Major, Christopher). Motions referred to W. Carleton Metcalf.
|
|
Filing 103
MOTION for Leave to Appear Pro Hac Vice as to Moffatt G. McDonald Filing fee $ 281, receipt number 0419-4682963. by Kelsey-Hayes Company. (Major, Christopher). Motions referred to W. Carleton Metcalf.
|
|
Filing 102
NOTICE of Appearance by Marie D. Lang on behalf of Federal-Mogul Asbestos Personal Injury Trust (Lang, Marie)
|
|
Filing 101
Summons Reissued Electronically as to Dana Companies, LLC, (900 West South Boundary Street, Building 8, Suite A,Perrysburg, OH 43551.) NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (ejb)
|
|
Filing 100
ORDER granting #99 Motion for Extension of Scheduling Deadlines. Plaintiffs' expert designations are EXTENDED through 10/15/2020 and Defendants' expert designations are EXTENDED through 11/15/2020. All other provisions of #96 Pretrial Order remain in effect. Signed by Magistrate Judge W. Carleton Metcalf on 5/26/2020. (ni)
|
|
Filing 99
Joint MOTION to Continue Scheduling Order Deadlines by Caterpillar Inc., Daimler Trucks North America LLC, Navistar, Inc.. Responses due by 6/5/2020 (Starr, William) Modified event type to "Extension of Scheduling Order Deadlines" on 5/26/2020 (ni).
|
|
Filing 98
DESIGNATION of Thomas M. Clare as Mediator by all the parties. (Graham, William)
|
|
Pursuant to the filing of the #97 AMENDED COMPLAINT Consent Amendment by Interlineation with Jury Demand against All Defendants, and as instructed by Judge Reidinger's Chambers Morse TEC LLC, f/k/a BorgWarner Morse TEC, LLC, as successor-by-merger to Borg-Warner Corporation has been added as a party-Defendant and Defendant Borg-Warner Morse TEC, LLC, successor-by-merger to Borg Warner Corporation has been terminated from this case as of 4/13/2020. (ejb)
|
|
Filing 97
AMENDED COMPLAINT Consent Amendment by Interlineation with Jury Demand against All Defendants, filed by Jan Settlemyer, David L. Settlemyer. (Attachments: #1 Proposed Order Granting Consent Amendment by Interlineation)(Graham, William)
|
|
Filing 96
Pretrial Order and Case Management Plan: Estimated Trial Time: 14 days. Discovery due by 3/15/2021. Motions due by 4/13/2021. Mediator Designation deadline set for 4/28/2020. Mediation deadline set for 3/30/2021. Jury Trial set for 9/13/2021 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by Magistrate Judge W. Carleton Metcalf on 4/07/2020. (ejb)
|
|
Filing 95
CERTIFICATION of initial attorney conference and discovery plan (Graham, William)
|
|
Filing 94
ANSWER to All Crossclaims by Genuine Parts Company. (Frankel, Shannon) Modified text on 3/30/2020 (ejb).
|
|
SECOND Notice to Casey Cira: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/3/2020. (tmg)
|
|
Filing 93
ORDER granting #91 Motion for Leave to Appear Pro Hac Vice, added William P. Early for BWDAC Inc., DCo LLC f/k/a Dana Companies, LLC. Signed by Magistrate Judge W. Carleton Metcalf on 3/17/2020. (ejb)
|
|
Filing 92
NOTICE of Appearance by Kimberly Sullivan on behalf of Pneumo Abex, LLC (Sullivan, Kimberly)
|
|
Filing 91
MOTION for Leave to Appear Pro Hac Vice as to William P. Early Filing fee $ 281, receipt number 0419-4422344. by BWDAC Inc.. (Attachments: #1 Proposed Order)(Lambeth, Carter). Motions referred to W. Carleton Metcalf. Modified text of Attachment #1 on 3/16/2020 (ejb).
|
|
Filing 90
NOTICE of Appearance by William P. Early on behalf of BWDAC Inc. (Early, William)
|
|
Filing 89
Corporate Disclosure Statement by BWDAC Inc. (Lambeth, Carter)
|
|
Filing 88
ANSWER to #1 Complaint with Jury Demand by BWDAC Inc..(Lambeth, Carter)
|
|
Filing 87
NOTICE of Appearance by Carter T. Lambeth on behalf of BWDAC Inc. (Lambeth, Carter)
|
|
NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 4/1/2020. (reh)
|
|
Notice to Attorney William P. Early: Pursuant to Local Rule 83.1, Attorney Carter T. Lambeth (local counsel), is required to file a motion pro hac vice on your behalf. Deadline by 3/18/2020. (reh)
|
|
Filing 86
ORDER granting #83 Motion for Leave to Appear Pro Hac Vice, added Casey Cira for David L. Settlemyer and Jan Settlemyer. Signed by Magistrate Judge W. Carleton Metcalf on 3/10/2020. (ejb)
|
|
Filing 85
Corporate Disclosure Statement by ZF Active Safety US Inc. Kelsey-Hayes Company (Major, Christopher) Modified text on 3/11/2020 (reh).
|
|
Notice to Attorney Casey Cira: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/17/2020. (ejb)
|
|
Filing 84
ANSWER to #1 Complaint with Jury Demand by ZF Active Safety US Inc. erroneously identified in Pltf's Complaint as Kelsey-Hayes Company. (Major, Christopher) Modified text on 3/11/2020 (reh).
|
|
Filing 83
MOTION for Leave to Appear Pro Hac Vice as to Casey Cira Filing fee $ 281, receipt number 0419-4418181. by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Admitting Casey Cira)(Graham, William). Motions referred to W. Carleton Metcalf. Modified text of Attachment #1 on 3/10/2020 (ejb).
|
|
Filing 82
NOTICE of Appearance by Kimberly Sullivan on behalf of Carlisle Industrial Brake & Friction, Inc. (Sullivan, Kimberly)
|
|
Filing 81
NOTICE of Appearance by M. Elizabeth O'Neill on behalf of Carlisle Industrial Brake & Friction, Inc. (O'Neill, M.)
|
|
Filing 80
NOTICE of Appearance by M. Elizabeth O'Neill on behalf of Pneumo Abex, LLC (O'Neill, M.)
|
|
Filing 79
NOTICE of Appearance by Ross J. Bromberger on behalf of Borg-Warner Morse Tec, LLC (Bromberger, Ross)
|
|
Filing 78
ORDER granting #77 Motion for Leave to Appear Pro Hac Vice, added E. Elaine Shofner for Cummins, Inc. Signed by Magistrate Judge W. Carleton Metcalf on 2/25/2020. (ejb) Modified on 3/3/2020 to correct Judge's name who signed this Order. NEF Regenerated. (ejb)
|
|
Filing 77
MOTION for Leave to Appear Pro Hac Vice as to E. Elaine Shofner Filing fee $ 281, receipt number 0419-4399699. by Cummins, Inc.. (Attachments: #1 Certificate of Service)(Rubel, Douglas). Motions referred to W. Carleton Metcalf.
|
|
Filing 76
Corporate Disclosure Statement by Borg-Warner Morse Tec, LLC (Levy, David)
|
|
Filing 75
Corporate Disclosure Statement by CRA Trailers Inc. (Jones, Kelly)
|
|
Filing 74
ANSWER to #1 Complaint with Jury Demand by CRA Trailers Inc..(Jones, Kelly)
|
|
Filing 73
NOTICE of Appearance by Brandon Michael Weaver on behalf of Genuine Parts Company (Weaver, Brandon)
|
|
Filing 72
ANSWER to #1 Complaint with Jury Demand by Borg-Warner Morse Tec, LLC.(Levy, David)
|
|
Filing 71
Corporate Disclosure Statement by Federal-Mogul Asbestos Personal Injury Trust (Coltrain, Keith)
|
|
Filing 70
ANSWER to #1 Complaint by Federal-Mogul Asbestos Personal Injury Trust.(Coltrain, Keith)
|
|
Filing 69
Corporate Disclosure Statement by Carlisle Industrial Brake & Friction, Inc. (Coltrain, Keith)
|
|
Filing 68
ANSWER to #1 Complaint by Carlisle Industrial Brake & Friction, Inc..(Coltrain, Keith)
|
|
Filing 67
ORDER re: #66 Notice of Bankruptcy Filing: This action is hereby STAYED until further Order of this Court as to Deft CertainTeed Corporation only. All other claims pending in this action remain unaffected by this stay. Signed by District Judge Martin Reidinger on 2/04/2020. (ejb)
|
|
Filing 66
NOTICE of Bankruptcy Filing, Stay of Proceedings, and Entry of Temporary Restraining Order by CertainTeed Corporation (Attachments: #1 Exhibit A, #2 Exhibit B)(Conner, W.) Modified text on 2/4/2020. NEF Regenerated. (ejb)
|
|
Filing 65
Corporate Disclosure Statement by Paccar, Inc. (Drayton, Amy)
|
|
Filing 64
ANSWER to #1 Complaint with Jury Demand by Paccar, Inc..(Drayton, Amy)
|
|
Filing 63
Corporate Disclosure Statement by CBS Corporation (Techman, Jennifer)
|
|
Filing 62
NOTICE of Appearance by Jennifer M. Techman on behalf of CBS Corporation (Techman, Jennifer)
|
|
Filing 61
ANSWER to #1 Complaint with Jury Demand by CBS Corporation.(Techman, Jennifer)
|
|
Filing 60
NOTICE of Appearance by William M. Starr on behalf of Navistar, Inc. (Starr, William)
|
|
Filing 59
Corporate Disclosure Statement by Navistar, Inc. (Tomlin, Tracy)
|
|
Filing 58
ANSWER to #1 Complaint by Navistar, Inc..(Tomlin, Tracy)
|
|
Filing 57
NOTICE of Appearance by Tracy Edward Tomlin on behalf of Navistar, Inc. (Tomlin, Tracy)
|
|
Filing 56
Notice of Withdrawal of document by David L. Settlemyer, Jan Settlemyer ***Documents terminated: #49 Notice of Appearance filed by David L. Settlemyer, Jan Settlemyer. (Graham, William)
|
|
Filing 55
NOTICE of Voluntary Dismissal without Prejudice of Defendant Mack Trucks, Inc. by David L. Settlemyer, Jan Settlemyer (Graham, William)
|
|
Filing 54
NOTICE of Voluntary Dismissal without Prejudice of Defendant Heavy Duty Parts, Inc. by David L. Settlemyer, Jan Settlemyer (Graham, William)
|
|
Filing 53
NOTICE of Voluntary Dismissal without Prejudice of Defendant Consolidated Truck Parts, Inc. by David L. Settlemyer, Jan Settlemyer (Graham, William)
|
|
Defts. Mack Trucks, Inc., Heavy Duty Parts, Inc. and Consolidated Truck Parts, Inc. terminated from case on 1/22/2020 pursuant to filing of #53 , #54 & #55 NOTICES of Voluntary Dismissal without Prejudice filed by Pltfs. (ejb)
|
|
Filing 52
Corporate Disclosure Statement by Cummins, Inc. (Rubel, Douglas)
|
|
Filing 51
ANSWER to #1 Complaint with Jury Demand by Cummins, Inc..(Rubel, Douglas)
|
|
Filing 50
NOTICE of Appearance by Douglas Andrew Rubel on behalf of Cummins, Inc. (Rubel, Douglas)
|
|
Filing 49
NOTICE of Appearance by William M. Graham on behalf of David L. Settlemyer, Jan Settlemyer (Graham, William)
|
|
Filing 48
Summons Reissued Electronically as to Borg-Warner Morse Tec, LLC, Heavy Duty Parts, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (tmg)
|
|
Filing 47
NOTICE of Appearance by Kelly B. Jones on behalf of CRA Trailers Inc. (Jones, Kelly)
|
|
Filing 46
ORDER granting #45 Motion for Leave to Appear Pro Hac Vice, added Todd A. Neilson for David L. Settlemyer and Jan Settlemyer. Signed by Magistrate Judge W. Carleton Metcalf on 1/17/2020. (ejb)
|
|
Filing 45
MOTION for Leave to Appear Pro Hac Vice as to Todd A. Neilson, Filing fee $ 281, receipt number 0419-4348541, by David L. Settlemyer, Jan Settlemyer. (Attachments: #1 Proposed Order Admitting Todd A. Neilson)(Graham, William). Motions referred to W. Carleton Metcalf. Modified text on 1/17/2020 (ejb).
|
|
Notice to Attorney Todd A. Neilson: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/24/2020. (ejb)
|
|
Filing 44
ORDER granting #40 Motion for Leave to Appear Pro Hac Vice added Scott E. Frick for CertainTeed Corporation. Signed by Magistrate Judge W. Carleton Metcalf on 1/14/2020. (reh)
|
|
Filing 43
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice added Moffatt G. McDonald for CertainTeed Corporation. Signed by Magistrate Judge W. Carleton Metcalf on 1/14/2020. (reh)
|
|
Filing 42
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice added W. David Conner for CertainTeed Corporation. Signed by Magistrate Judge W. Carleton Metcalf on 1/14/2020. (reh)
|
|
Filing 41
NOTICE of Appearance by Amy C. Drayton on behalf of Paccar, Inc. (Drayton, Amy)
|
|
Filing 40
MOTION for Leave to Appear Pro Hac Vice as to Scott E Frick Filing fee $ 281, receipt number 0419-4340607. by CertainTeed Corporation. (Major, Christopher). Motions referred to W. Carleton Metcalf.
|
|
Filing 39
MOTION for Leave to Appear Pro Hac Vice as to Moffat G. McDonald Filing fee $ 281, receipt number 0419-4340601. by CertainTeed Corporation. (Major, Christopher). Motions referred to W. Carleton Metcalf.
|
|
Filing 38
MOTION for Leave to Appear Pro Hac Vice as to W. David Conner Filing fee $ 281, receipt number 0419-4340559. by CertainTeed Corporation. (Major, Christopher). Motions referred to W. Carleton Metcalf.
|
|
Filing 37
Corporate Disclosure Statement by Pneumo Abex, LLC (Bouch, Timothy)
|
|
Filing 36
NOTICE of Appearance by William M. Starr on behalf of Caterpillar Inc. (Starr, William)
|
|
Filing 35
Corporate Disclosure Statement by Caterpillar Inc. (Tomlin, Tracy)
|
|
Filing 34
ANSWER to #1 Complaint by Caterpillar Inc..(Tomlin, Tracy)
|
|
Filing 33
NOTICE of Appearance by Tracy Edward Tomlin on behalf of Caterpillar Inc. (Tomlin, Tracy)
|
|
Filing 32
NOTICE of Appearance by Richard T. Boyette on behalf of Eaton Corporation (Boyette, Richard)
|
|
Filing 31
Corporate Disclosure Statement by Eaton Corporation (Dean, Laura)
|
|
Filing 30
ANSWER to #1 Complaint with Jury Demand by Eaton Corporation.(Dean, Laura)
|
|
Filing 29
NOTICE of Appearance by Laura Erb Dean on behalf of Eaton Corporation (Dean, Laura)
|
|
Filing 28
NOTICE of Appearance by Addie K.S. Ries on behalf of Ford Motor Company (Ries, Addie)
|
|
Filing 27
NOTICE of Appearance by Kirk Gibson Warner on behalf of Ford Motor Company (Warner, Kirk)
|
|
Filing 26
NOTICE of Appearance by Christopher Ray Kiger on behalf of Ford Motor Company (Kiger, Christopher)
|
|
Filing 25
Corporate Disclosure Statement by Ford Motor Company (Attachments: #1 Exhibit A - List of Companies)(Kiger, Christopher)
|
|
Filing 24
ANSWER to #1 Complaint with Jury Demand by Ford Motor Company.(Kiger, Christopher)
|
|
Filing 23
ANSWER to #1 Complaint with Jury Demand by Pneumo Abex, LLC.(Bouch, Timothy)
|
|
Filing 22
NOTICE of Appearance by Timothy W. Bouch on behalf of Pneumo Abex, LLC (Bouch, Timothy)
|
|
Filing 21
NOTICE of Appearance by William M. Starr on behalf of Daimler Trucks North America LLC (Starr, William)
|
|
Filing 20
Corporate Disclosure Statement by Daimler Trucks North America LLC (Tomlin, Tracy)
|
|
Filing 19
ANSWER to #1 Complaint by Daimler Trucks North America LLC.(Tomlin, Tracy)
|
|
Filing 18
NOTICE of Appearance by Tracy Edward Tomlin on behalf of Daimler Trucks North America LLC (Tomlin, Tracy)
|
|
Filing 17
NOTICE of Appearance by William P. Early on behalf of Dana Companies, LLC (Early, William)
|
|
Filing 16
Corporate Disclosure Statement by Genuine Parts Company (Frankel, Shannon)
|
|
Filing 15
ANSWER to #1 Complaint with Jury Demand by Genuine Parts Company.(Frankel, Shannon)
|
|
Filing 14
NOTICE of Appearance by Shannon Strickland Frankel on behalf of Genuine Parts Company (Frankel, Shannon)
|
|
Filing 13
Corporate Disclosure Statement by CertainTeed Corporation (Major, Christopher)
|
|
Filing 12
ANSWER to #1 Complaint with Jury Demand by CertainTeed Corporation.(Major, Christopher)
|
|
Filing 11
Corporate Disclosure Statement by Dana Companies, LLC (Lambeth, Carter)
|
|
Filing 10
ANSWER to #1 Complaint with Jury Demand by Dana Companies, LLC.(Lambeth, Carter)
|
|
Filing 9
NOTICE of Appearance by Carter T. Lambeth on behalf of Dana Companies, LLC (Lambeth, Carter)
|
|
TEXT-ONLY ORDER granting #8 Motion for Extension of Time to Answer. Carlisle Industrial Brake & Friction, Inc. answer due 2/10/2020. Text of Order: The Motion for Extension of Time to Answer is GRANTED, and defendant Carlisle Industrial Brake & Friction, Inc., shall have an extension of time, through and including February 10, 2020, within which to answer or otherwise respond to the Plaintiffs' Complaint. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 1/9/2020. (kkb)
|
|
Filing 8
MOTION for Extension of Time to Answer Plaintiff's Complaint by Carlisle Industrial Brake & Friction, Inc.. (Coltrain, Keith). Motions referred to W. Carleton Metcalf.
|
|
Filing 7
NOTICE of Appearance by Keith E. Coltrain on behalf of Carlisle Industrial Brake & Friction, Inc. (Coltrain, Keith)
|
|
Filing 6
NOTICE of Appearance by Brianna H. Walther on behalf of Carlisle Industrial Brake & Friction, Inc. (Walther, Brianna) Modified on 1/8/2020 to correct name of party Atty is making appearance for. NEF Regenerated. (ejb)
|
|
Filing 5
NOTICE of Appearance by Brianna H. Walther on behalf of Federal-Mogul Asbestos Personal Injury Trust (Walther, Brianna)
|
|
Filing 4
MOTION for Extension of Time to Answer Plaintiff's Complaint by Federal-Mogul Asbestos Personal Injury Trust. (Coltrain, Keith). Motions referred to W. Carleton Metcalf.
|
|
Filing 3
NOTICE of Appearance by Keith E. Coltrain on behalf of Federal-Mogul Asbestos Personal Injury Trust (Coltrain, Keith)
|
|
TEXT-ONLY ORDER granting #4 Motion for Extension of Time to Answer. Federal-Mogul Asbestos Personal Injury Trust answer due 2/10/2020. Text of Order: The Motion is GRANTED, and Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to Felt-Products Manufacturing Co., shall have an extension of time, through and including February 10, 2020, within which to answer or otherwise respond to the Plaintiffs' Complaint. So Ordered. Entered by District Judge Martin Reidinger on 1/8/2020. (LMR)
|
|
Filing 2
Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (thh)
|
|
Filing 1
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-4296806), filed by Jan Settlemyer, David L. Settlemyer.(Graham, William)
|
|
NOTICE: Case was filed in wrong division. Case has been copied from 5:19-cv-164 to 1:19-cv-344. Please use 1:19-cv-344 for all future pleadings. (tmg)
|
|
Case assigned to District Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (tmg)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
