Settlemyer et al v. Borg-Warner Morse Tec, LLC et al
Plaintiff: David L. Settlemyer and Jan Settlemyer
Defendant: 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.
Case Number: 1:2019cv00344
Filed: December 12, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2022 Opinion or Order NOTICE of Cancellation of Jury Trial scheduled for 1/10/2022. (khm)
January 6, 2022 Opinion or Order 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)
January 6, 2022 Opinion or Order 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)
January 6, 2022 Opinion or Order 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)
January 6, 2022 Opinion or Order 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).
January 6, 2022 Opinion or Order 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).
January 6, 2022 Opinion or Order 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).
December 28, 2021 Opinion or Order 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)
December 27, 2021 Opinion or Order 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.
December 27, 2021 Opinion or Order 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)
December 24, 2021 Opinion or Order 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).
December 23, 2021 Opinion or Order 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.
December 20, 2021 Opinion or Order 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)
December 17, 2021 Opinion or Order 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)
December 16, 2021 Opinion or Order Filing 425 NOTICE of Withdrawal of Plaintiffs' Stipulated Facts by David L. Settlemyer, Jan Settlemyer (Neilson, Todd)
December 16, 2021 Opinion or Order Filing 424 NOTICE of Partial Withdrawal of Plaintiffs' Previously Filed Page & Line Designations by David L. Settlemyer, Jan Settlemyer (Neilson, Todd)
December 16, 2021 Opinion or Order 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)
December 16, 2021 Opinion or Order 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)
December 16, 2021 Opinion or Order 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)
December 14, 2021 Opinion or Order 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)
December 14, 2021 Opinion or Order 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).
December 14, 2021 Opinion or Order Filing 421 TRIAL BRIEF by Pneumo Abex, LLC(McLeod, Yancey)
December 14, 2021 Opinion or Order 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)
December 13, 2021 Opinion or Order Filing 420 Proposed JURY VERDICT by Pneumo Abex, LLC(McLeod, Yancey)
December 13, 2021 Opinion or Order Filing 419 Proposed Jury Instructions by Pneumo Abex, LLC(McLeod, Yancey)
December 13, 2021 Opinion or Order Filing 418 Proposed Findings of Fact by Pneumo Abex, LLC(McLeod, Yancey)
December 13, 2021 Opinion or Order Filing 417 Exhibit List by Pneumo Abex, LLC.(McLeod, Yancey)
December 13, 2021 Opinion or Order Filing 416 TRIAL BRIEF by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
December 13, 2021 Opinion or Order Filing 415 Proposed Findings of Fact by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
December 13, 2021 Opinion or Order Filing 414 Proposed Jury Instructions by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
December 13, 2021 Opinion or Order Filing 413 Proposed JURY VERDICT by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
December 13, 2021 Opinion or Order 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).
December 13, 2021 Opinion or Order Filing 411 Proposed Findings of Fact by Morse TEC LLC(Stein, Gerald)
December 13, 2021 Opinion or Order Filing 410 Proposed Jury Instructions by Morse TEC LLC(Stein, Gerald)
December 13, 2021 Opinion or Order Filing 409 Proposed Issue by Morse TEC LLC (Stein, Gerald)
December 13, 2021 Opinion or Order Filing 408 TRIAL BRIEF by Morse TEC LLC(Stein, Gerald)
December 13, 2021 Opinion or Order Filing 407 Proposed Findings of Fact by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
December 13, 2021 Opinion or Order Filing 406 Proposed JURY VERDICT by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
December 13, 2021 Opinion or Order Filing 405 Proposed Jury Instructions by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
December 13, 2021 Opinion or Order Filing 404 TRIAL BRIEF by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
December 11, 2021 Opinion or Order 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)
December 10, 2021 Opinion or Order Filing 402 Excerpts of Deposition Testimony of Dr. Philip C. Pratt (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 10, 2021 Opinion or Order Filing 401 Excerpts of Deposition Testimony of John Hess (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 10, 2021 Opinion or Order Filing 400 Excerpts of Deposition Testimony of Plaintiffs' Page and Line Designation Transcript Excerpts (Sealed - Participants) by David L. Settlemyer, Jan Settlemyer(Neilson, Todd)
December 10, 2021 Opinion or Order 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)
December 10, 2021 Opinion or Order 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)
December 10, 2021 Opinion or Order 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)
December 10, 2021 Opinion or Order 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)
December 9, 2021 Opinion or Order 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)
December 9, 2021 Opinion or Order Filing 395 MOTION to Strike Plaintiffs' Designation of Testimony of Donald Grinter by Pneumo Abex, LLC. Responses due by 12/23/2021 (McLeod, Yancey)
December 9, 2021 Opinion or Order Filing 394 MEMORANDUM in Support re #393 MOTION to Strike Plaintiffs' Designation of Testimony of Albert D. Indelicato by Pneumo Abex, LLC. (McLeod, Yancey)
December 9, 2021 Opinion or Order 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)
December 9, 2021 Opinion or Order 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)
December 9, 2021 Opinion or Order 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.
December 8, 2021 Opinion or Order Filing 390 MEMORANDUM in Support re #389 MOTION for Summary Judgment and for Reconsideration by Carlisle Industrial Brake & Friction, Inc.. (Sauls, Eric)
December 8, 2021 Opinion or Order Filing 389 MOTION for Summary Judgment and for Reconsideration by Carlisle Industrial Brake & Friction, Inc.. Responses due by 12/22/2021 (Sauls, Eric)
December 8, 2021 Opinion or Order Filing 388 MEMORANDUM in Support re #387 MOTION for Summary Judgment and for Reconsideration by Pneumo Abex, LLC. (McLeod, Yancey)
December 8, 2021 Opinion or Order Filing 387 MOTION for Summary Judgment and for Reconsideration by Pneumo Abex, LLC. Responses due by 12/22/2021 (McLeod, Yancey)
December 8, 2021 Opinion or Order Filing 386 MEMORANDUM in Support re #385 MOTION for Reconsideration by Morse TEC LLC. (Stein, Gerald)
December 8, 2021 Opinion or Order Filing 385 MOTION for Reconsideration by Morse TEC LLC. Responses due by 12/22/2021 (Stein, Gerald). Motions referred to W. Carleton Metcalf.
December 8, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order Filing 372 Excerpts of Deposition Testimony of Louis Merz (3/08/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
December 7, 2021 Opinion or Order Filing 371 Excerpts of Deposition Testimony of William Cline (3/09/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
December 7, 2021 Opinion or Order Filing 370 Excerpts of Deposition Testimony of Terry K. Lindquist (6/21/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
December 7, 2021 Opinion or Order Filing 369 Excerpts of Deposition Testimony of Richard Rosenberg (3/31/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
December 7, 2021 Opinion or Order Filing 368 Excerpts of Deposition Testimony of Terry K. Lindquist (5/17/95) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
December 7, 2021 Opinion or Order Filing 367 Excerpts of Deposition Testimony of Richard Anderson (3/7/06) (Sealed - Participants) by Morse TEC LLC(Stein, Gerald)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order Filing 361 Excerpts of Deposition Testimony of Gary L. Devallance - Objections and Counter Designations (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order Filing 358 Excerpts of Deposition Testimony of Kenneth Sorrels (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 357 Excerpts of Deposition Testimony of Robert E. Nelson (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 356 Excerpts of Deposition Testimony of Vivian Lingle (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 355 Excerpts of Deposition Testimony of Dexter Kenfield (2006-02-16) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 354 Excerpts of Deposition Testimony of Albert Indelicato (2012-06-26) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 353 Excerpts of Deposition Testimony of Albert Indelicato (2011-09-26) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 352 Excerpts of Deposition Testimony of Albert Indelicato (2011-06-29) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 351 Excerpts of Deposition Testimony of Albert Indelicato (2011-06-28) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 350 Excerpts of Deposition Testimony of Philip H. Grim, Jr. (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order Filing 348 Excerpts of Deposition Testimony of Ronald Bagley (2020-12-15) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 347 Excerpts of Deposition Testimony of Ronald Bagley (2020-12-04) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 346 Excerpts of Deposition Testimony of Donald Grinter (2010-02-02) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 345 Excerpts of Deposition Testimony of Donald Grinter (2010-01-27) (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order Filing 344 Excerpts of Deposition Testimony of Earle Bretz (Sealed - Participants) by Pneumo Abex, LLC(McLeod, Yancey)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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).
December 7, 2021 Opinion or Order 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).
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 6, 2021 Opinion or Order 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)
December 6, 2021 Opinion or Order 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).
December 2, 2021 Opinion or Order 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)
December 2, 2021 Opinion or Order 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)
December 2, 2021 Opinion or Order 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)
December 2, 2021 Opinion or Order 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).
December 2, 2021 Opinion or Order 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).
December 2, 2021 Opinion or Order 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.
December 2, 2021 Opinion or Order 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)
December 2, 2021 Opinion or Order 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)
December 2, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 324 MOTION in Limine Plaintiffs' Omnibus Motion in Limine by David L. Settlemyer. Responses due by 12/14/2021 (Neilson, Todd)
November 30, 2021 Opinion or Order Filing 323 Excerpts of Deposition Testimony of Plaintiff's Deposition and/or Trial Testimony Designations (Sealed - Participants) by David L. Settlemyer(Neilson, Todd)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 320 MEMORANDUM in Support re #319 MOTION in Limine (Omnibus) by Carlisle Industrial Brake & Friction, Inc.. (Sauls, Eric)
November 30, 2021 Opinion or Order Filing 319 MOTION in Limine (Omnibus) by Carlisle Industrial Brake & Friction, Inc.. Responses due by 12/14/2021 (Sauls, Eric)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 316 Excerpts of Deposition Testimony of John Hess (Sealed - Participants) by Pneumo Abex, LLC (Attachments: #1 Exhibit A - Hess Transcript)(McLeod, Yancey)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 313 MEMORANDUM in Support re #312 MOTION in Limine Omnibus by Borg-Warner Morse Tec, LLC. (Stein, Gerald)
November 30, 2021 Opinion or Order Filing 312 MOTION in Limine Omnibus by Borg-Warner Morse Tec, LLC. Responses due by 12/14/2021 (Stein, Gerald)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 305 MOTION in Limine (Exclude Evidence Related to Australian Mesothelioma Registry) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 303 MOTION in Limine (Exclude Corporate Conduct) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 301 MOTION in Limine (Preclude "Every Exposure" Testimony) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 299 MOTION in Limine (Exclude Foreign Bans on Importation of Chrysotile) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
November 30, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 297 MOTION in Limine (Exclude Government Precautionary Statements) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
November 30, 2021 Opinion or Order Filing 296 MEMORANDUM in Support re #295 MOTION in Limine (Omnibus) by Pneumo Abex, LLC. (McLeod, Yancey)
November 30, 2021 Opinion or Order Filing 295 MOTION in Limine (Omnibus) by Pneumo Abex, LLC. Responses due by 12/14/2021 (McLeod, Yancey)
November 30, 2021 Opinion or Order Filing 294 Excerpts of Deposition Testimony of John Hess (Sealed - Participants) by Carlisle Industrial Brake & Friction, Inc.(Sauls, Eric)
November 18, 2021 Opinion or Order 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)
November 18, 2021 Opinion or Order 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)
November 18, 2021 Opinion or Order 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)
November 9, 2021 Opinion or Order 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.
November 9, 2021 Opinion or Order 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)
November 8, 2021 Opinion or Order Filing 291 SUPPLEMENTAL Pretrial Order and Case Management Plan. Signed by Chief Judge Martin Reidinger on 11/8/2021. (hms)
September 21, 2021 Opinion or Order 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)
September 20, 2021 Opinion or Order 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).
July 20, 2021 Opinion or Order 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)
July 20, 2021 Opinion or Order NOTICE of Cancellation of Final Pretrial Conference scheduled for 8/26/2021, to be rescheduled at a later date. (khm)
June 25, 2021 Opinion or Order 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)
June 24, 2021 Opinion or Order Filing 289 NOTICE of Appearance by Vincent J. Palmiotto on behalf of BWDAC Inc. (Palmiotto, Vincent)
June 21, 2021 Opinion or Order Filing 288 NOTICE of Appearance by William A. Kohlburn on behalf of David L. Settlemyer, Jan Settlemyer (Kohlburn, William)
June 16, 2021 Opinion or Order 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)
June 16, 2021 Opinion or Order 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.
June 16, 2021 Opinion or Order 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)
June 15, 2021 Opinion or Order 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)
June 15, 2021 Opinion or Order 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.
June 15, 2021 Opinion or Order 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)
June 1, 2021 Opinion or Order Filing 283 STIPULATION of Dismissal with Prejudice of Defendant Federal Mogul Asbestos Personal Injury Trust by Federal-Mogul Asbestos Personal Injury Trust (Lang, Marie)
June 1, 2021 Opinion or Order 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)
May 28, 2021 Opinion or Order 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.
May 19, 2021 Opinion or Order 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)
May 14, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 11, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order Filing 269 REPLY to Response to Motion re #190 MOTION for Summary Judgment by Carlisle Industrial Brake & Friction, Inc.. (May, Justin)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order 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)
May 10, 2021 Opinion or Order Filing 265 REPLY to Response to Motion re #199 MOTION for Summary Judgment by Paccar, Inc.. (Drayton, Amy)
May 10, 2021 Opinion or Order 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.
May 10, 2021 Opinion or Order Filing 263 REPLY to Response to Motion re #173 MOTION for Summary Judgment by Eaton Corporation. (Boyette, Richard)
May 6, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order Filing 261 RESPONSE re #174 Statement of Material Facts or Response,, by Daimler Trucks North America LLC. (Tomlin, Tracy)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order Filing 254 RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by CRA Trailers Inc.. (Jones, Kelly)
May 4, 2021 Opinion or Order Filing 253 RESPONSE in Opposition re #176 MOTION for Partial Summary Judgment by Paccar, Inc.. Replies due by 5/11/2021 (Drayton, Amy)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order Filing 250 RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by Paccar, Inc.. (Drayton, Amy)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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).
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order Filing 242 RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by Pneumo Abex, LLC. (McLeod, Yancey)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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).
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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).
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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).
May 4, 2021 Opinion or Order 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).
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order Filing 226 RESPONSE in Opposition re #174 Statement of Material Facts or Response,, by BWDAC Inc.. (Early, William)
May 4, 2021 Opinion or Order Filing 225 RESPONSE to Motion re #176 MOTION for Partial Summary Judgment by BWDAC Inc.. Replies due by 5/11/2021 (Early, William)
May 4, 2021 Opinion or Order Filing 224 NOTICE of Appearance by Gina Marie Von Oehsen Cleary on behalf of Eaton Corporation (Von Oehsen Cleary, Gina)
May 4, 2021 Opinion or Order 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)
May 4, 2021 Opinion or Order 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)
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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.
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
May 3, 2021 Opinion or Order 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).
April 30, 2021 Opinion or Order 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)
April 29, 2021 Opinion or Order 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.
April 23, 2021 Opinion or Order Filing 210 Notice of Substitution of Counsel by Georgia Hezain Malik on behalf of Eaton Corporation, Attorney Laura Erb Dean terminated. (Malik, Georgia)
April 21, 2021 Opinion or Order 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)
April 20, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 207 MOTION for Summary Judgment by Daimler Trucks North America LLC. Responses due by 4/27/2021 (Tomlin, Tracy)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 203 MOTION for Summary Judgment by CRA Trailers Inc.. Responses due by 4/27/2021 (Jones, Kelly)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 199 MOTION for Summary Judgment by Paccar, Inc.. Responses due by 4/27/2021 (Drayton, Amy)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 195 MOTION for Summary Judgment by ZF Active Safety US Inc.. Responses due by 4/27/2021 (McDonald, Moffatt)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order Filing 190 MOTION for Summary Judgment by Carlisle Industrial Brake & Friction, Inc.. Responses due by 4/27/2021 (May, Justin)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 188 MOTION in Limine to Exclude Testimony of Dr. Edwin Holstein by Paccar, Inc.. Responses due by 4/27/2021 (Drayton, Amy)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 186 MOTION for Summary Judgment by BWDAC Inc.. Responses due by 4/27/2021 (Early, William)
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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).
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 177 MEMORANDUM in Support re #176 MOTION for Partial Summary Judgment by David L. Settlemyer. (Neilson, Todd)
April 13, 2021 Opinion or Order Filing 176 MOTION for Partial Summary Judgment by David L. Settlemyer. Responses due by 4/27/2021 (Neilson, Todd)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order Filing 173 MOTION for Summary Judgment by Eaton Corporation. Responses due by 4/27/2021 (Dean, Laura)
April 13, 2021 Opinion or Order 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)
April 13, 2021 Opinion or Order 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)
April 9, 2021 Opinion or Order Filing 170 STIPULATION Joint Stipulation Regarding Resolved Claims and Remaining Issues for the Court to Resolve by David L. Settlemyer (Neilson, Todd)
April 8, 2021 Opinion or Order 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)
March 31, 2021 Opinion or Order 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)
March 25, 2021 Opinion or Order Filing 168 STIPULATION of Dismissal by CBS Corporation (Techman, Jennifer)
March 24, 2021 Opinion or Order Filing 167 NOTICE of Appearance by Jonathan W. Massell on behalf of CRA Trailers Inc. (Massell, Jonathan)
March 24, 2021 Opinion or Order 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)
March 22, 2021 Opinion or Order 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)
March 22, 2021 Opinion or Order Filing 165 MOTION to Compel Plaintiffs by CRA Trailers Inc.. Responses due by 4/5/2021 (Jones, Kelly). Motions referred to W. Carleton Metcalf.
March 22, 2021 Opinion or Order Filing 164 ***Disregard, docketed in error, NEF regenerated (rhf).
March 22, 2021 Opinion or Order 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).
March 18, 2021 Opinion or Order 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.
March 18, 2021 Opinion or Order Filing 161 NOTICE of Appearance by Gerald Anderson Stein, II on behalf of Morse TEC LLC (Stein, Gerald)
March 17, 2021 Opinion or Order Reset Deadlines: Discovery completion deadline extended to 3/22/2021. (kby)
March 16, 2021 Opinion or Order 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)
March 15, 2021 Opinion or Order 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.
March 9, 2021 Opinion or Order Filing 159 REPORT of Mediation. Outcome of Mediation: Partially Settled. (Starr, William)
March 9, 2021 Opinion or Order 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)
March 9, 2021 Opinion or Order 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)
March 8, 2021 Opinion or Order 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.
March 8, 2021 Opinion or Order 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)
March 5, 2021 Opinion or Order 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.
February 23, 2021 Opinion or Order 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)
February 23, 2021 Opinion or Order 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)
February 22, 2021 Opinion or Order 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.
February 22, 2021 Opinion or Order Filing 152 DELETED DOCUMENT filed in error. Modified on 2/22/2021 (mga).
February 22, 2021 Opinion or Order 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)
February 22, 2021 Opinion or Order 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)
February 20, 2021 Opinion or Order 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.
February 17, 2021 Opinion or Order 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)
February 17, 2021 Opinion or Order 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)
February 16, 2021 Opinion or Order 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.
February 5, 2021 Opinion or Order 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)
February 5, 2021 Opinion or Order 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)
February 5, 2021 Opinion or Order 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.
February 5, 2021 Opinion or Order 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.
February 5, 2021 Opinion or Order 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)
February 5, 2021 Opinion or Order 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)
February 1, 2021 Opinion or Order 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)
February 1, 2021 Opinion or Order 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)
January 29, 2021 Opinion or Order 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.
January 25, 2021 Opinion or Order 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)
January 25, 2021 Opinion or Order 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)
January 22, 2021 Opinion or Order 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.
January 20, 2021 Opinion or Order 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)
January 20, 2021 Opinion or Order 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)
January 19, 2021 Opinion or Order 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.
January 7, 2021 Opinion or Order 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)
December 21, 2020 Opinion or Order 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)
December 16, 2020 Opinion or Order Filing 135 NOTICE of Appearance by Sabrina G. Stone on behalf of All Plaintiffs (Stone, Sabrina)
December 16, 2020 Opinion or Order Filing 134 NOTICE of Appearance by Donald P. Blydenburgh on behalf of All Plaintiffs (Blydenburgh, Donald)
December 16, 2020 Opinion or Order 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)
December 16, 2020 Opinion or Order 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)
December 16, 2020 Opinion or Order 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)
December 16, 2020 Opinion or Order 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)
December 16, 2020 Opinion or Order 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)
December 16, 2020 Opinion or Order 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)
December 15, 2020 Opinion or Order 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.
December 15, 2020 Opinion or Order 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.
December 15, 2020 Opinion or Order 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.
December 7, 2020 Opinion or Order Filing 127 STIPULATION of Dismissal with Prejudice by Dana Companies, LLC (Early, William)
December 7, 2020 Opinion or Order 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)
December 7, 2020 Opinion or Order 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)
November 30, 2020 Opinion or Order 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)
November 30, 2020 Opinion or Order Filing 124 NOTICE of Appearance by Justin G. May on behalf of Carlisle Industrial Brake & Friction, Inc. (May, Justin)
November 23, 2020 Opinion or Order 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)
November 17, 2020 Opinion or Order 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)
November 13, 2020 Opinion or Order Filing 122 NOTICE of Service of Expert Disclosures by BWDAC Inc. (Early, William)
November 13, 2020 Opinion or Order Motion referred to W. Carleton Metcalf: #119 Consent Amendment will be addressed by Magistrate Judge Metcalf. (maf)
November 12, 2020 Opinion or Order 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)
November 12, 2020 Opinion or Order 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)
November 12, 2020 Opinion or Order 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)
October 28, 2020 Opinion or Order 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).
October 28, 2020 Opinion or Order 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)
October 27, 2020 Opinion or Order 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.
October 22, 2020 Opinion or Order 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)
October 22, 2020 Opinion or Order 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)
October 21, 2020 Opinion or Order 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).
October 21, 2020 Opinion or Order 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.
October 19, 2020 Opinion or Order 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)
October 12, 2020 Opinion or Order 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.
October 9, 2020 Opinion or Order 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)
October 8, 2020 Opinion or Order 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.
October 6, 2020 Opinion or Order 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)
October 5, 2020 Opinion or Order 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)
October 1, 2020 Opinion or Order 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)
September 25, 2020 Opinion or Order 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)
September 23, 2020 Opinion or Order 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.
September 23, 2020 Opinion or Order 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.
September 23, 2020 Opinion or Order 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.
September 4, 2020 Opinion or Order Filing 102 NOTICE of Appearance by Marie D. Lang on behalf of Federal-Mogul Asbestos Personal Injury Trust (Lang, Marie)
June 26, 2020 Opinion or Order 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)
May 26, 2020 Opinion or Order 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)
May 22, 2020 Opinion or Order 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).
April 23, 2020 Opinion or Order Filing 98 DESIGNATION of Thomas M. Clare as Mediator by all the parties. (Graham, William)
April 13, 2020 Opinion or Order 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)
April 13, 2020 Opinion or Order 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)
April 7, 2020 Opinion or Order 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)
March 27, 2020 Opinion or Order Filing 95 CERTIFICATION of initial attorney conference and discovery plan (Graham, William)
March 27, 2020 Opinion or Order Filing 94 ANSWER to All Crossclaims by Genuine Parts Company. (Frankel, Shannon) Modified text on 3/30/2020 (ejb).
March 27, 2020 Opinion or Order 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)
March 17, 2020 Opinion or Order 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)
March 15, 2020 Opinion or Order Filing 92 NOTICE of Appearance by Kimberly Sullivan on behalf of Pneumo Abex, LLC (Sullivan, Kimberly)
March 12, 2020 Opinion or Order 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).
March 11, 2020 Opinion or Order Filing 90 NOTICE of Appearance by William P. Early on behalf of BWDAC Inc. (Early, William)
March 11, 2020 Opinion or Order Filing 89 Corporate Disclosure Statement by BWDAC Inc. (Lambeth, Carter)
March 11, 2020 Opinion or Order Filing 88 ANSWER to #1 Complaint with Jury Demand by BWDAC Inc..(Lambeth, Carter)
March 11, 2020 Opinion or Order Filing 87 NOTICE of Appearance by Carter T. Lambeth on behalf of BWDAC Inc. (Lambeth, Carter)
March 11, 2020 Opinion or Order 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)
March 11, 2020 Opinion or Order 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)
March 10, 2020 Opinion or Order 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)
March 10, 2020 Opinion or Order Filing 85 Corporate Disclosure Statement by ZF Active Safety US Inc. Kelsey-Hayes Company (Major, Christopher) Modified text on 3/11/2020 (reh).
March 10, 2020 Opinion or Order 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)
March 9, 2020 Opinion or Order 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).
March 9, 2020 Opinion or Order 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).
March 9, 2020 Opinion or Order Filing 82 NOTICE of Appearance by Kimberly Sullivan on behalf of Carlisle Industrial Brake & Friction, Inc. (Sullivan, Kimberly)
March 9, 2020 Opinion or Order Filing 81 NOTICE of Appearance by M. Elizabeth O'Neill on behalf of Carlisle Industrial Brake & Friction, Inc. (O'Neill, M.)
March 2, 2020 Opinion or Order Filing 80 NOTICE of Appearance by M. Elizabeth O'Neill on behalf of Pneumo Abex, LLC (O'Neill, M.)
March 2, 2020 Opinion or Order Filing 79 NOTICE of Appearance by Ross J. Bromberger on behalf of Borg-Warner Morse Tec, LLC (Bromberger, Ross)
February 25, 2020 Opinion or Order 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)
February 25, 2020 Opinion or Order 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.
February 24, 2020 Opinion or Order Filing 76 Corporate Disclosure Statement by Borg-Warner Morse Tec, LLC (Levy, David)
February 20, 2020 Opinion or Order Filing 75 Corporate Disclosure Statement by CRA Trailers Inc. (Jones, Kelly)
February 20, 2020 Opinion or Order Filing 74 ANSWER to #1 Complaint with Jury Demand by CRA Trailers Inc..(Jones, Kelly)
February 17, 2020 Opinion or Order Filing 73 NOTICE of Appearance by Brandon Michael Weaver on behalf of Genuine Parts Company (Weaver, Brandon)
February 12, 2020 Opinion or Order Filing 72 ANSWER to #1 Complaint with Jury Demand by Borg-Warner Morse Tec, LLC.(Levy, David)
February 10, 2020 Opinion or Order Filing 71 Corporate Disclosure Statement by Federal-Mogul Asbestos Personal Injury Trust (Coltrain, Keith)
February 10, 2020 Opinion or Order Filing 70 ANSWER to #1 Complaint by Federal-Mogul Asbestos Personal Injury Trust.(Coltrain, Keith)
February 10, 2020 Opinion or Order Filing 69 Corporate Disclosure Statement by Carlisle Industrial Brake & Friction, Inc. (Coltrain, Keith)
February 10, 2020 Opinion or Order Filing 68 ANSWER to #1 Complaint by Carlisle Industrial Brake & Friction, Inc..(Coltrain, Keith)
February 4, 2020 Opinion or Order 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)
February 3, 2020 Opinion or Order 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)
January 28, 2020 Opinion or Order Filing 65 Corporate Disclosure Statement by Paccar, Inc. (Drayton, Amy)
January 24, 2020 Opinion or Order Filing 64 ANSWER to #1 Complaint with Jury Demand by Paccar, Inc..(Drayton, Amy)
January 23, 2020 Opinion or Order Filing 63 Corporate Disclosure Statement by CBS Corporation (Techman, Jennifer)
January 23, 2020 Opinion or Order Filing 62 NOTICE of Appearance by Jennifer M. Techman on behalf of CBS Corporation (Techman, Jennifer)
January 23, 2020 Opinion or Order Filing 61 ANSWER to #1 Complaint with Jury Demand by CBS Corporation.(Techman, Jennifer)
January 22, 2020 Opinion or Order Filing 60 NOTICE of Appearance by William M. Starr on behalf of Navistar, Inc. (Starr, William)
January 22, 2020 Opinion or Order Filing 59 Corporate Disclosure Statement by Navistar, Inc. (Tomlin, Tracy)
January 22, 2020 Opinion or Order Filing 58 ANSWER to #1 Complaint by Navistar, Inc..(Tomlin, Tracy)
January 22, 2020 Opinion or Order Filing 57 NOTICE of Appearance by Tracy Edward Tomlin on behalf of Navistar, Inc. (Tomlin, Tracy)
January 22, 2020 Opinion or Order 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)
January 22, 2020 Opinion or Order Filing 55 NOTICE of Voluntary Dismissal without Prejudice of Defendant Mack Trucks, Inc. by David L. Settlemyer, Jan Settlemyer (Graham, William)
January 22, 2020 Opinion or Order Filing 54 NOTICE of Voluntary Dismissal without Prejudice of Defendant Heavy Duty Parts, Inc. by David L. Settlemyer, Jan Settlemyer (Graham, William)
January 22, 2020 Opinion or Order Filing 53 NOTICE of Voluntary Dismissal without Prejudice of Defendant Consolidated Truck Parts, Inc. by David L. Settlemyer, Jan Settlemyer (Graham, William)
January 22, 2020 Opinion or Order 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)
January 21, 2020 Opinion or Order Filing 52 Corporate Disclosure Statement by Cummins, Inc. (Rubel, Douglas)
January 21, 2020 Opinion or Order Filing 51 ANSWER to #1 Complaint with Jury Demand by Cummins, Inc..(Rubel, Douglas)
January 21, 2020 Opinion or Order Filing 50 NOTICE of Appearance by Douglas Andrew Rubel on behalf of Cummins, Inc. (Rubel, Douglas)
January 21, 2020 Opinion or Order Filing 49 NOTICE of Appearance by William M. Graham on behalf of David L. Settlemyer, Jan Settlemyer (Graham, William)
January 20, 2020 Opinion or Order 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)
January 17, 2020 Opinion or Order Filing 47 NOTICE of Appearance by Kelly B. Jones on behalf of CRA Trailers Inc. (Jones, Kelly)
January 17, 2020 Opinion or Order 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)
January 17, 2020 Opinion or Order 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).
January 17, 2020 Opinion or Order 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)
January 14, 2020 Opinion or Order 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)
January 14, 2020 Opinion or Order 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)
January 14, 2020 Opinion or Order 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)
January 13, 2020 Opinion or Order Filing 41 NOTICE of Appearance by Amy C. Drayton on behalf of Paccar, Inc. (Drayton, Amy)
January 13, 2020 Opinion or Order 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.
January 13, 2020 Opinion or Order 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.
January 13, 2020 Opinion or Order 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.
January 10, 2020 Opinion or Order Filing 37 Corporate Disclosure Statement by Pneumo Abex, LLC (Bouch, Timothy)
January 10, 2020 Opinion or Order Filing 36 NOTICE of Appearance by William M. Starr on behalf of Caterpillar Inc. (Starr, William)
January 10, 2020 Opinion or Order Filing 35 Corporate Disclosure Statement by Caterpillar Inc. (Tomlin, Tracy)
January 10, 2020 Opinion or Order Filing 34 ANSWER to #1 Complaint by Caterpillar Inc..(Tomlin, Tracy)
January 10, 2020 Opinion or Order Filing 33 NOTICE of Appearance by Tracy Edward Tomlin on behalf of Caterpillar Inc. (Tomlin, Tracy)
January 10, 2020 Opinion or Order Filing 32 NOTICE of Appearance by Richard T. Boyette on behalf of Eaton Corporation (Boyette, Richard)
January 10, 2020 Opinion or Order Filing 31 Corporate Disclosure Statement by Eaton Corporation (Dean, Laura)
January 10, 2020 Opinion or Order Filing 30 ANSWER to #1 Complaint with Jury Demand by Eaton Corporation.(Dean, Laura)
January 10, 2020 Opinion or Order Filing 29 NOTICE of Appearance by Laura Erb Dean on behalf of Eaton Corporation (Dean, Laura)
January 10, 2020 Opinion or Order Filing 28 NOTICE of Appearance by Addie K.S. Ries on behalf of Ford Motor Company (Ries, Addie)
January 10, 2020 Opinion or Order Filing 27 NOTICE of Appearance by Kirk Gibson Warner on behalf of Ford Motor Company (Warner, Kirk)
January 10, 2020 Opinion or Order Filing 26 NOTICE of Appearance by Christopher Ray Kiger on behalf of Ford Motor Company (Kiger, Christopher)
January 10, 2020 Opinion or Order Filing 25 Corporate Disclosure Statement by Ford Motor Company (Attachments: #1 Exhibit A - List of Companies)(Kiger, Christopher)
January 10, 2020 Opinion or Order Filing 24 ANSWER to #1 Complaint with Jury Demand by Ford Motor Company.(Kiger, Christopher)
January 10, 2020 Opinion or Order Filing 23 ANSWER to #1 Complaint with Jury Demand by Pneumo Abex, LLC.(Bouch, Timothy)
January 10, 2020 Opinion or Order Filing 22 NOTICE of Appearance by Timothy W. Bouch on behalf of Pneumo Abex, LLC (Bouch, Timothy)
January 9, 2020 Opinion or Order Filing 21 NOTICE of Appearance by William M. Starr on behalf of Daimler Trucks North America LLC (Starr, William)
January 9, 2020 Opinion or Order Filing 20 Corporate Disclosure Statement by Daimler Trucks North America LLC (Tomlin, Tracy)
January 9, 2020 Opinion or Order Filing 19 ANSWER to #1 Complaint by Daimler Trucks North America LLC.(Tomlin, Tracy)
January 9, 2020 Opinion or Order Filing 18 NOTICE of Appearance by Tracy Edward Tomlin on behalf of Daimler Trucks North America LLC (Tomlin, Tracy)
January 9, 2020 Opinion or Order Filing 17 NOTICE of Appearance by William P. Early on behalf of Dana Companies, LLC (Early, William)
January 9, 2020 Opinion or Order Filing 16 Corporate Disclosure Statement by Genuine Parts Company (Frankel, Shannon)
January 9, 2020 Opinion or Order Filing 15 ANSWER to #1 Complaint with Jury Demand by Genuine Parts Company.(Frankel, Shannon)
January 9, 2020 Opinion or Order Filing 14 NOTICE of Appearance by Shannon Strickland Frankel on behalf of Genuine Parts Company (Frankel, Shannon)
January 9, 2020 Opinion or Order Filing 13 Corporate Disclosure Statement by CertainTeed Corporation (Major, Christopher)
January 9, 2020 Opinion or Order Filing 12 ANSWER to #1 Complaint with Jury Demand by CertainTeed Corporation.(Major, Christopher)
January 9, 2020 Opinion or Order Filing 11 Corporate Disclosure Statement by Dana Companies, LLC (Lambeth, Carter)
January 9, 2020 Opinion or Order Filing 10 ANSWER to #1 Complaint with Jury Demand by Dana Companies, LLC.(Lambeth, Carter)
January 9, 2020 Opinion or Order Filing 9 NOTICE of Appearance by Carter T. Lambeth on behalf of Dana Companies, LLC (Lambeth, Carter)
January 9, 2020 Opinion or Order 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)
January 8, 2020 Opinion or Order 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.
January 8, 2020 Opinion or Order Filing 7 NOTICE of Appearance by Keith E. Coltrain on behalf of Carlisle Industrial Brake & Friction, Inc. (Coltrain, Keith)
January 8, 2020 Opinion or Order 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)
January 8, 2020 Opinion or Order Filing 5 NOTICE of Appearance by Brianna H. Walther on behalf of Federal-Mogul Asbestos Personal Injury Trust (Walther, Brianna)
January 8, 2020 Opinion or Order 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.
January 8, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Keith E. Coltrain on behalf of Federal-Mogul Asbestos Personal Injury Trust (Coltrain, Keith)
January 8, 2020 Opinion or Order 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)
December 13, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)
December 12, 2019 Opinion or Order 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)

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Search for this case: Settlemyer et al v. Borg-Warner Morse Tec, LLC et al
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Defendant: Ford Motor Company
Represented By: Christopher Ray Kiger
Represented By: Addie K.S. Ries
Represented By: Kirk Gibson Warner
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Defendant: Kelsey-Hayes Company
Represented By: Christopher B. Major
Represented By: W. David Conner
Represented By: Scott E. Frick
Represented By: Moffatt G. McDonald
Represented By: Kelvin T. Wyles
Represented By: Kelvin Timothy Wyles
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Defendant: Heavy Duty Parts, Inc.
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Defendant: Genuine Parts Company
Represented By: Shannon Strickland Frankel
Represented By: Brandon Michael Weaver
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Defendant: CRA Trailers Inc.
Represented By: Kelly B. Jones
Represented By: David M. Burkoff
Represented By: Jonathan W. Massell
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Defendant: Consolidated Truck Parts, Inc.
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Defendant: Mack Trucks, Inc.
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Defendant: Caterpillar Inc.
Represented By: William M. Starr
Represented By: Tracy Edward Tomlin
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Defendant: Pneumo Abex, LLC
Represented By: Timothy W. Bouch
Represented By: Mary Elizabeth O'Neill
Represented By: Kimberly Sullivan
Represented By: John Michael Fitzpatrick
Represented By: Yancey A. McLeod, III
Represented By: Erik R. Nadolink
Represented By: Johan D. Flynn
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Defendant: CertainTeed Corporation
Represented By: W. David Conner
Represented By: Scott E. Frick
Represented By: Moffatt G. McDonald
Represented By: Christopher B. Major
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Defendant: Navistar, Inc.
Represented By: William M. Starr
Represented By: Tracy Edward Tomlin
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Defendant: BWDAC Inc.
Represented By: Carter T. Lambeth
Represented By: William P. Early
Represented By: Vincent J. Palmiotto
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Defendant: Borg-Warner Morse Tec, LCC
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Defendant: Cummins, Inc.
Represented By: Douglas Andrew Rubel
Represented By: E. Elaine Shofner
Represented By: Peter Donald Polchinski
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Defendant: Federal-Mogul Asbestos Personal Injury Trust
Represented By: Brianna H. Walther
Represented By: Keith E. Coltrain
Represented By: Marie D. Lang
Represented By: Bill Fountain
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Defendant: Paccar, Inc.
Represented By: Amy C. Drayton
Represented By: P. Saxon Saxon Guerriere
Represented By: J. Andrew Atkins
Represented By: Jim Andrew Atkins
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Defendant: Daimler Trucks North America LLC
Represented By: William M. Starr
Represented By: Tracy Edward Tomlin
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Defendant: Dana Companies, LLC
Represented By: William P. Early
Represented By: Carter T. Lambeth
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Defendant: Carlisle Industrial Brake & Friction, Inc.
Represented By: Brianna H. Walther
Represented By: Keith E. Coltrain
Represented By: Kimberly Sullivan
Represented By: Mary Elizabeth O'Neill
Represented By: Yancey A. McLeod, III
Represented By: Christopher J Derrenbacher
Represented By: Eric G. Sauls
Represented By: Justin G. May
Represented By: Timothy McGowan
Represented By: Stephen M. Capriotti, Jr.
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Defendant: Eaton Corporation
Represented By: Laura Erb Dean
Represented By: Richard T. Boyette
Represented By: Jennifer Green
Represented By: Georgia Hezain Malik
Represented By: Gina Marie Von Oehsen Cleary
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Defendant: CBS Corporation
Represented By: Jennifer M. Techman
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Defendant: Borg-Warner Morse Tec, LLC
Represented By: David L. Levy
Represented By: Ross J. Bromberger
Represented By: Kelvin T. Wyles
Represented By: Kelvin Timothy Wyles
Represented By: Gerald Anderson Stein, II
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Defendant: Morse TEC LLC
Represented By: David L. Levy
Represented By: Ross J. Bromberger
Represented By: Kelvin T. Wyles
Represented By: Kelvin Timothy Wyles
Represented By: Gerald Anderson Stein, II
Represented By: Dyanna Ballou
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Defendant: Viacom Inc.
Represented By: Jennifer M. Techman
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Defendant: Westinghouse Electric Corporation
Represented By: Jennifer M. Techman
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Defendant: BorgWarner Morse TEC, LLC
Represented By: David L. Levy
Represented By: Ross J. Bromberger
Represented By: Kelvin T. Wyles
Represented By: Kelvin Timothy Wyles
Represented By: Gerald Anderson Stein, II
Represented By: Dyanna Ballou
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Defendant: BWD Automotive Corporation
Represented By: Carter T. Lambeth
Represented By: William P. Early
Represented By: Vincent J. Palmiotto
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Defendant: Great Dane Trailers, Inc.
Represented By: Kelly B. Jones
Represented By: David M. Burkoff
Represented By: Jonathan W. Massell
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Defendant: ZF Active Safety US Inc.
Represented By: W. David Conner
Represented By: Scott E. Frick
Represented By: Moffatt G. McDonald
Represented By: Christopher B. Major
Represented By: David L. Levy
Represented By: Kelvin T. Wyles
Represented By: Kelvin Timothy Wyles
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Plaintiff: David L. Settlemyer
Represented By: William M. Graham
Represented By: Todd A. Neilson
Represented By: Casey Camille Cira
Represented By: Shane Hampton
Represented By: Sabrina G. Stone
Represented By: Donald P. Blydenburgh
Represented By: William A. Kohlburn
Represented By: Gary DiMuzio
Represented By: James M. Kramer
Represented By: John B. Wetmore, Jr.
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Plaintiff: Jan Settlemyer
Represented By: William M. Graham
Represented By: Todd A. Neilson
Represented By: Casey Camille Cira
Represented By: Shane Hampton
Represented By: Sabrina G. Stone
Represented By: Donald P. Blydenburgh
Represented By: William A. Kohlburn
Represented By: Gary DiMuzio
Represented By: James M. Kramer
Represented By: John B. Wetmore, Jr.
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