Mortenson et al v. Apollo Piping Supply, Inc. et al
Defendant: Paul W. Abbott Company, Inc., Singer Safety Company, Owens-Illinois, Inc., Zurn Industries, LLC, Weil McLain Company, RCH Newco II, LLC, Bell Asbestos Mines, Ltd., Linde, LLC, General Engineering Development Corporation and Industrial Holdings Corporation
Case Number: 3:2019cv00088
Filed: May 24, 2019
Court: US District Court for the District of North Dakota
Presiding Judge: Daniel L Hovland
Referring Judge: Alice R Senechal
Nature of Suit: P.I. : Asbestos
Cause of Action: 28:1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2019 Filing 65 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 7/19/2019. (DR #190719-001) (td)
July 19, 2019 Opinion or Order Filing 64 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per discussion at the July 19, 2019 Scheduling Conference, the Clerk is directed to amend the docket to reflect "The Marley-Wylain Company" as the defendant in place of "Weil-McLain Company." (AS)
July 19, 2019 Filing 63 NOTICE of Hearing: Pretrial Conference set for 1/19/2021 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland. Jury Trial set for 1/19/2021 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland. (Trial Est. 10-13 Days). (AS)
July 19, 2019 Opinion or Order Filing 62 ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 1/5/2021 at 02:00 PM in Chambers before Magistrate Judge Alice R. Senechal. (AS)
July 19, 2019 Filing 61 NOTICE of Hearing: Mid-Discovery Status Conference set for 2/28/2020 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
July 19, 2019 Opinion or Order Filing 60 SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 4/30/2020. Discovery Motions due by 5/14/2020. Plaintiff(s) Expert Witness Disclosures and Reports due by 3/20/2020. Defendant(s) Expert Witness Disclosures and Reports due by 4/30/2020. Discovery Depositions of Expert Witnesses due by 6/5/2020. Join Additional Parties due by 8/30/2019. Amend Pleadings due by 8/30/2019. Nondispositive Motions due by 6/19/2020. Threshold Motions due by 7/24/2020. Dispositive Motions due by 7/24/2020. (AS)
July 18, 2019 Filing 59 Corporate Disclosure Statement by Industrial Contractors, Inc.. (Thibodeau, Matthew)
July 3, 2019 Filing 58 RESPONSE to Motion re #37 MOTION to Remand to State Court filed by Building Sprinkler Company, Inc.. (Neubauer, Heather)
July 3, 2019 Filing 57 Corporate Disclosure Statement by Hobart Brothers Company identifying Corporate Parent Illinois Tool Works Inc. for Hobart Brothers Company.. (Schach, David)
July 3, 2019 Filing 56 NOTICE of Appearance by David T. Schach on behalf of Hobart Brothers Company (Schach, David)
July 3, 2019 Filing 55 Corporate Disclosure Statement by Lincoln Electric Company. (Schach, David)
July 3, 2019 Filing 54 NOTICE of Appearance by David T. Schach on behalf of Lincoln Electric Company (Schach, David)
July 3, 2019 Filing 53 Corporate Disclosure Statement by Trane U.S., Inc. identifying Corporate Parent Ingersoll-Rand Plc for Trane U.S., Inc... (Schach, David)
July 3, 2019 Filing 52 NOTICE of Appearance by David T. Schach on behalf of Trane U.S., Inc. (Schach, David)
July 3, 2019 Filing 51 Corporate Disclosure Statement by S.O.S. Products. (Schach, David)
July 3, 2019 Filing 50 NOTICE of Appearance by David T. Schach on behalf of S.O.S. Products (Schach, David)
July 3, 2019 Filing 49 Corporate Disclosure Statement by Foster Products Corporation. (Schach, David)
July 3, 2019 Filing 48 NOTICE of Appearance by David T. Schach on behalf of Foster Products Corporation (Schach, David)
July 3, 2019 Filing 47 Corporate Disclosure Statement by H.B. Fuller Company. (Schach, David)
July 3, 2019 Filing 46 NOTICE of Appearance by David T. Schach on behalf of H.B. Fuller Company (Schach, David)
July 3, 2019 Filing 45 Corporate Disclosure Statement by Praxair Distribution, Inc.. (Hughes, John)
July 3, 2019 Filing 44 NOTICE of Appearance by John C. Hughes on behalf of Praxair Distribution, Inc. (Hughes, John)
June 25, 2019 Filing 43 Corporate Disclosure Statement by Paul W. Abbott Company, Inc.. (Thibodeau, Matthew)
June 25, 2019 Filing 42 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Paul W. Abbott Company, Inc. (Thibodeau, Matthew) Modified on 7/2/2019 to correct docket text re: crossclaim.(as)
June 25, 2019 Filing 41 NOTICE of Appearance by Matthew R. Thibodeau on behalf of Paul W. Abbott Company, Inc. (Thibodeau, Matthew)
June 25, 2019 Filing 40 ANSWER to Complaint (Notice of Removal), CROSSCLAIM against All Defendants by Industrial Contractors, Inc.. (Thibodeau, Matthew)
June 25, 2019 Filing 39 NOTICE of Appearance by Matthew R. Thibodeau on behalf of Industrial Contractors, Inc. (Thibodeau, Matthew)
June 21, 2019 DOCKET CORRECTION re: #36 NOTICE of Appearance, #37 MOTION to Remand and #38 MEMORANDUM in Support. Clerk's office added additional filers. (as)
June 20, 2019 Filing 38 MEMORANDUM in Support re #37 MOTION to Remand to State Court filed by Kery Mortenson, Kristen Mortenson and Kelly Turner. (Attachments: #1 Exhibit Declaration of Barry I. Castleman, Sc.D., July 18, 2008, #2 Exhibit Defendant Building Sprinkler Company, Inc.'s Answers to Plaintiffs' First Set of Interrogatories, served in Oscar Adolf, et. al., v. A.P.I., Inc., et. al.,, United States District Court for the District of North Dakota, Civil Nos. A1-89-098, et. seq., May 6, 1989, #3 Exhibit Deposition of William C. Sornsin, reported September 28, 1983, in Marjoria Matthews, et. al., v. The Celotex Corporation, et. al., United States District Court for the District of North Dakota, Southeastern Division, Civil Nos. A3-81-2, #4 Exhibit Correspondence dated June 2, 1964, from John P. Harrington, Industrial Insulation General Sales Manager, The Eagle Picher Company, to R.M/ Moechan of Owens-Corning Fiberglas Corporation, #5 Exhibit Defendant Owens-Corning Fiberglas Corporation's Responses to Plaintiffs' First Set of Interrogatories, served in Oscar Adolf, et. al. v. A.P.I., Inc., et. al., served in Oscar Adolf, et. al., v. A.P.I., Inc., et. al.,, United States District Court for the District of North Dakota,, #6 Exhibit Transcript of Trial Testimony of Dr. Barry I. Castleman, April 28, 2016, in James Rheault v. A.O. Smith Corporation, et. al., North Dakota District Court, Cass County, East Central Judicial District, Case No. 09-2014-1773)(Thompson, David) Modified on 6/21/2019 to add filers. (as)
June 20, 2019 Filing 37 MOTION to Remand to State Court by Kery Mortenson, Kristen Mortenson and Kelly Turner. (Thompson, David) Modified on 6/21/2019 to add filers. (as)
June 20, 2019 Filing 36 NOTICE of Appearance by David C. Thompson on behalf of Kristen Mortenson. Kery Mortenson and Kelly Turner (Thompson, David) Modified on 6/21/2019 to add filers. (as)
June 19, 2019 Filing 35 Corporate Disclosure Statement by Union Carbide Corporation identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation.. (Dynes, Jane)
June 19, 2019 Filing 34 NOTICE of Appearance by Jane L. Dynes on behalf of Union Carbide Corporation (Dynes, Jane)
June 19, 2019 Filing 33 Corporate Disclosure Statement by Bayer CropScience, Inc. identifying Corporate Parent Bayer CropScience Holding SA, Corporate Parent Bayer AG for Bayer CropScience, Inc... (Dynes, Jane)
June 19, 2019 Filing 32 NOTICE of Appearance by Jane L. Dynes on behalf of Bayer CropScience, Inc. (Dynes, Jane)
June 18, 2019 Filing 31 CERTIFICATE OF SERVICE by Owens-Illinois, Inc. re #30 Answer to Complaint (Notice of Removal), #29 Corporate Disclosure Statement, #28 Notice of Appearance (Tierney, Patrick)
June 18, 2019 Filing 30 ANSWER to Complaint (Notice of Removal) by Owens-Illinois, Inc.. (Tierney, Patrick)
June 18, 2019 Filing 29 Corporate Disclosure Statement by Owens-Illinois, Inc.. (Tierney, Patrick)
June 18, 2019 Filing 28 NOTICE of Appearance by Patrick T. Tierney on behalf of Owens-Illinois, Inc. (Tierney, Patrick)
June 12, 2019 Filing 27 ANSWER to Complaint (Notice of Removal) by Zurn Industries, LLC. (Mansfield, Kyle) Modified on 6/13/2019 to remove cross-claim. (as)
June 12, 2019 Filing 26 Corporate Disclosure Statement by Exxon Mobil Corporation. (Edison, Brent)
June 7, 2019 DOCKET CORRECTION re: #9 Answer to Complaint. Wrong event selected. Clerk's office restricted access and re-filed as Answer to Complaint (Notice of Removal) at #25 . (lh)
June 6, 2019 DOCKET CORRECTION re: #20 Corporate Disclosure Statement. Clerk's office added corporate parent Lehman Brothers Holdings Inc. (js)
June 6, 2019 Filing 24 ANSWER to Complaint (Notice of Removal) by Weil McLain Company. (Brotten, Elizabeth)
June 6, 2019 Filing 23 Corporate Disclosure Statement by Weil McLain Company identifying Other Affiliate United Dominion Industries, Inc., Other Affiliate The Marley Company LLC, Other Affiliate The Marley Wylain Company for Weil McLain Company.. (Brotten, Elizabeth)
June 6, 2019 Filing 22 NOTICE of Appearance by Elizabeth Sorenson Brotten on behalf of Weil McLain Company (Brotten, Elizabeth)
June 5, 2019 Filing 21 ANSWER to Complaint (Notice of Removal) by RCH Newco II, LLC. (Brotten, Elizabeth)
June 5, 2019 Filing 20 Corporate Disclosure Statement by Industrial Holdings Corporation. Identifying Corporate Parent Lehman Brothers Holdings Inc. for Industrial Holdings Corporation. (Wells, Roland) Modified on 6/6/2019 to add corporate parent to docket text - NEF Regenerated. (js)
June 5, 2019 Filing 19 NOTICE of Appearance by Roland John Wells, III on behalf of Industrial Holdings Corporation (Wells, Roland)
June 4, 2019 Filing 18 Corporate Disclosure Statement by General Engineering Development Corporation identifying Corporate Parent Fischbach, LLC for General Engineering Development Corporation.. (Parrington, Jon)
June 4, 2019 Filing 17 NOTICE of Appearance by Jon P. Parrington on behalf of General Engineering Development Corporation (Parrington, Jon)
June 4, 2019 Filing 16 Corporate Disclosure Statement by Goodrich Corporation identifying Corporate Parent United Technologies Corporation for Goodrich Corporation.. (Parrington, Jon)
June 4, 2019 Filing 15 NOTICE of Appearance by Jon P. Parrington on behalf of Goodrich Corporation (Parrington, Jon)
June 4, 2019 Filing 14 Corporate Disclosure Statement by Cleaver Brooks identifying Corporate Parent Cleaver Holdings, Inc. for Cleaver Brooks.. (Mohr, Jason)
June 4, 2019 Filing 13 Corporate Disclosure Statement by Zurn Industries, LLC identifying Corporate Parent Rexnord LLC for Zurn Industries, LLC.. (Salmen, Joanna)
June 4, 2019 Filing 12 ANSWER to Complaint (Notice of Removal) by Cleaver Brooks. (Mohr, Jason)
June 4, 2019 Filing 11 Corporate Disclosure Statement by CBS Corporation identifying corporate parents National Amusements, Inc. and NAI Entertainment Holdings LLC. (Flom, Joel) Modified on 6/10/2019 to add corporate parents. (as)
June 4, 2019 Filing 10 Corporate Disclosure Statement by Honeywell, Inc.. (Flom, Joel)
June 3, 2019 Filing 25 ANSWER to Complaint (Notice of Removal) by Goulds Pumps, Inc.. (lh)
June 3, 2019 Filing 9 *RESTRICTED - WRONG EVENT SELECTED* ANSWER to Complaint by Goulds Pumps, Inc.. (Attachments: #1 Certificate of Service)(Oppegard, Paul) Modified on 6/7/2019 to restrict access (lh).
June 3, 2019 Filing 8 Corporate Disclosure Statement by RCH Newco II, LLC identifying Other Affiliate H.H. Robertson Company, Other Affiliate Robertseon Ceco Corporation for RCH Newco II, LLC.. (Brotten, Elizabeth)
May 31, 2019 Filing 7 Corporate Disclosure Statement by Goodyear Tire & Rubber Company identifying Other Affiliate Vanguard Group, Inc. for Goodyear Tire & Rubber Company.. (Brotten, Elizabeth)
May 31, 2019 Opinion or Order Filing 6 ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 7/19/2019 at 09:30 AM before Magistrate Judge Alice R. Senechal. (AS)
May 28, 2019 Filing 4 Corporate Disclosure Statement by AWT Air Company, Inc. identifying that it is a subsidiary of Aqua Alliance Inc. (Brotten, Elizabeth) Modified on 5/29/2019 to clarify docket text. NEF regenerated (am). Modified on 5/29/2019 to correct text. (rm)
May 24, 2019 Filing 5 SUPPLEMENT (JS44 Civil Cover Sheet) to document #1 Notice of Removal by Building Sprinkler Company, Inc. (Attachments: #1 List of Defense Counsel)(rm)
May 24, 2019 Filing 3 Corporate Disclosure Statement by Building Sprinkler Company, Inc. (as)
May 24, 2019 Filing 2 AFFIDAVIT of Heather Neubauer by Building Sprinkler Company, Inc. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Notice of Assignment and Case Number, #3 Exhibit 3 - Answer and Defenses of Defendant CBS Corporation, #4 Exhibit 4 - Answer of H.B. Fuller Company, #5 Exhibit 5 - Answer of Defendant McMaster-Carr Supply Company, #6 Exhibit 6 - Answer of Defendant Smith-Sharpe Company, #7 Exhibit 7 - Answer of Research-Cottrell, Inc., #8 Exhibit 8 - Answer of RCH Newco II, LLC, #9 Exhibit 9 - Separate Answer and Affirmative Defenses of Honeywell, Inc. and Jury Demand, #10 Exhibit 10 - Answer of Defendant Trane U.S. Inc., #11 Exhibit 11 - Separate Answer of Grillell Corporation, #12 Exhibit 12 - Answer of The Goodyear Tire & Rubber Company, #13 Exhibit 13 - Separate Answer of ITT Corporation (incorrectly named as Bell & Gossett), #14 Exhibit 14 - Building Sprinkler Company, Inc's Answer and Affirmative Defenses to Plaintiff's Complaint, #15 Exhibit 15 - Answer of Foster Products Corporation, #16 Exhibit 16 - Answer of Defendant Hobart Brothers LLC, #17 Exhibit 17 - Answer of Defendant The Lincoln Electric Company, #18 Exhibit 18 - Answer to Praxair Distribution, Inc., #19 Exhibit 19 - Answer and Affirmative Defenses of Defendant Union Carbine Corporation, #20 Exhibit 20 - Answer of Industrial Holdings Corporation, #21 Exhibit 21 - Answer of S.O.S. Products Company, Inc., #22 Exhibit 22 - Separate Answer of Sprinkmann Son's Corporation, #23 Exhibit 23 - Separate Answer of Defendant Exxon Mobil Corporation, #24 Exhibit 24 - Burnham LLC's Answer and Affirmative Defenses, #25 Exhibit 25 - Separate Answer of Defendant General Engineering Development Corporation and Demand for Trial, #26 Exhibit 26 - Separate Answer of Defendant Goodrich Corporation and Demand for Trial, #27 Affidavit of Service)(as)
May 24, 2019 Filing 1 NOTICE OF REMOVAL by Building Sprinkler Company, Inc. from Cass County District Court, case number 09-2019-CV-01362. Filing fee $ 400 receipt number 319000330 filed by Building Sprinkler Company, Inc. (Attachments: #1 Exhibit 1 - Summons and Complaint Served on Building Sprinkler, #2 Exhibit 2 - Summons and Complaint (prior lawsuit), #3 Exhibit 3 - Virgil Mortenson-Work History (prior lawsuit), #4 Exhibit 4 - Deposition of Virgil Mortenson, 2/2/04, #5 Exhibit 5 - Minot Air Force Base History, #6 Exhibit 6 - To Break Ground For Base at Minot, 7/6/55, #7 Exhibit 7 - Kiewit Bids Low at Minot, 10/26/1955, #8 Exhibit 8 - Iowa Firm Low on Minot Bids, 10/27/1955, #9 Exhibit 9 - Minot Air Base Gets More Funds, 3/7/1958, #10 Exhibit 10 - Minot Base Bid Opening Set, 5/12/1955, #11 Exhibit 11 - Public Law 534 & 301, 7/27/1954, #12 Exhibit 12 - Public Law 765 & 301, 9/1/1954, #13 Exhibit 13 - Public Law 85-685, 8/20/1958, #14 Exhibit 14 - Public Law 87-554, 7/27/1962, #15 Exhibit 15 - Minot Area Will Have ICBM Sites, 6/14/1961, #16 Exhibit 16 - Minuteman Aide is Assigned, 10/4/1961, #17 Exhibit 17 - First Minuteman Property Brought from Kief Couple, 11/24/1961, #18 Exhibit 18 - $67 Million Low on Missile Work, 12/21/1961, #19 Exhibit 19 - Minot Air Force Base Specifications, #20 Exhibit 20 - Deposition of William Sornsin, 6/30/1987, #21 Exhibit 21 - William Sornsin Deposition, 9/28/1983, #22 Exhibit 22 - Herbert Gartner Deposition, 8/21/1991, #23 Exhibit 23 - Andrew Olerud Deposition, 1/18/1983, #24 Exhibit 24 - Andrew Olerud Deposition, 12/5/1991, #25 Exhibit 25 - J. Nodsle Deposition, 1/25/1983, #26 Exhibit 26 - James Matthews Deposition, 3/23/1982, #27 Exhibit 27 - James Matthews Deposition, 3/24/1982, #28 Exhibit 28 - Rudolph Opp Deposition, 10/15/1991, #29 Exhibit 29 - Rudolph Opp Deposition, 7/18/1994, #30 Exhibit 30 - Bruce Bergson, Deposition, 7/18/2000, #31 Exhibit 31 - Andrew Olerud Deposition, 2/21/1991, #32 Exhibit 32 - Declaration of Kyle Dotson, #33 Exhibit 33 - MilSpec-C-28610, #34 Exhibit 34 - Military Standard Marking for Shipment and Storage, MIL-STD-129C, #35 Exhibit 35 - MIL-STD-129C Change of Notice 1, 2/10/1961, #36 Exhibit 36 - MIL-STD-129C Change Notice 3, #37 Exhibit 37 - Keene Corporation's Response to Plaintiff's First Set of Interrogatories, 5/24/1990, #38 Exhibit 38 - Keene Corporation's Response to Plaintiff's Interrogatories and Request for Production, 4/13/1989, #39 Exhibit 39 - Noralf Deposition 4/6/1982)(as) Note: JS44 Civil Cover Sheet and List of Defense Counsel filed at #5 . (rm)

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Search for this case: Mortenson et al v. Apollo Piping Supply, Inc. et al
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Defendant: Paul W. Abbott Company, Inc.
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Defendant: Singer Safety Company
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Defendant: Owens-Illinois, Inc.
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Defendant: Zurn Industries, LLC
Represented By: Kyle B. Mansfield
Represented By: Joanna M. Salmen
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Defendant: Weil McLain Company
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Defendant: RCH Newco II, LLC
Represented By: Elizabeth Sorenson Brotten
Represented By: Joanna M. Salmen
Represented By: Kyle B. Mansfield
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Defendant: Bell Asbestos Mines, Ltd.
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Defendant: Linde, LLC
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Defendant: General Engineering Development Corporation
Represented By: Jon P. Parrington
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Defendant: Industrial Holdings Corporation
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