Lenk et al v. A.W. Chesterton Company et al
| Lenk, Larry L. Lenk and Sandra J. Lenk |
| A.W. Chesterton Company, CBS Corporation, Ferro Engineering Division of ON Marine Services Company, Georgia-Pacific LLC, Honeywell International, Inc., Riley Power, Inc., Sanfran Landing Systems, United Technologies Corporation, Boeing Company, Viacom, Westinghouse Electric Corporation, Clark Industrial Insulation Co., Cleveland Electric Illuminating Company, Crane Co., Dana Companies, LLC formerly doing business as Dana Corporation, Eaton Corporation, Oglebay Norton Company, FirstEnergy Corp., Ford Motor Company, General Electric Corporation, Georgia-Pacific Corp., Goodrich Corporation, Greene Tweed & Company, Inc., Grove Aircraft Landing Gear Systems, Inc., Allied Corporation, John Crane, Inc., Kaman Corporation, Lockheed Martin Corporation, McCord Corporation, Meggitt Aircraft Braking Systems, NASCO Aircraft Brake, Inc., ON Marine Services LLC, Parker Hannifin Corp., Pneumo Abex Corporation, Rapco, Inc., Red Seal Electric Company, Reith Auto Stores, Babcock Borsig Power, Inc., Riley Stoker Corporation, Rockwell Automation, Inc., Sanborn Auto Parts, Inc., Messier-Bugatti USA, Sepco Corporation, Pratt & Whitney, UTC Aerospace Systems and John Does |
| Goodyear Tire & Rubber Company |
| 1:2016cv10000 |
| August 1, 2016 |
| U.S. District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Sara Lioi |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 Petition for Removal |
| Both |
Docket Report
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Filing 101
Order approving the parties' stipulation of dismissal of this action without prejudice, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, with the right to refile. Each party to bear its own costs. (Related Doc #100 ). Judge Sara Lioi on 9/2/2016. (P,J)
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| Filing 100 Proposed Stipulation (unsigned) for Dismissal Without Prejudice Pursuant to F.R.C.P. 41(a) filed by All Plaintiffs. (Gallucci, Anthony) Modified to add that document is not signed on 9/1/2016 (H,KR). |
| Filing 99 Answer to Cross-Claim of Defendant Honeywell International, Inc filed by Cleveland Electric Illuminating Company. (Whitt, Jennifer) Modified text on 8/31/2016 (H,KR). |
| Filing 98 Answer to Cross-Claim of Defendant Crane Co. filed by Cleveland Electric Illuminating Company. (Whitt, Jennifer) Modified text on 8/30/2016 (H,KR). |
| Filing 97 Answer to Pending and Future Cross-Claims and Third-Party Claims filed by ON Marine Services LLC. Related document(s) #63 , #59 . (Daniel, Eric) Modified text on 8/30/2016 (H,KR). |
| Filing 96 Corporate Disclosure Statement identifying Other Affiliate GE Capital Australia Funding Pty. Ltd., Other Affiliate GE Capital Canada Funding Company, Other Affiliate GE Capital European Funding, Other Affiliate GE Capital Franchise Finance Corporation, Other Affiliate GE Capital International Funding Company, Other Affiliate GE Capital UK Funding, Other Affiliate GE Capital Treasury Services (U.S.) LLC, Other Affiliate Security Capital Group Incorporated, Other Affiliate SUSA Partnership, L.P. for General Electric Corporation filed by General Electric Corporation. (Doran, Perry) |
| Filing 95 Corporate Disclosure Statement filed by Ford Motor Company. (Box, Susan) |
| Filing 94 Attorney Appearance by Susan Squire Box , Moira Petrowski and James Burke filed by on behalf of Ford Motor Company. (Box, Susan) |
| Filing 93 Corporate Disclosure Statement filed by Goodyear Tire & Rubber Company. (Schuster, Richard) |
| Filing 92 Answer to First Amended Complaint with jury demand filed by General Electric Corporation. (Doran, Perry) Modified text on 8/25/2016 (H,KR). |
| Filing 91 Answer to First Amended Complaint with jury demand filed by CBS Corporation. (Doran, Perry) Modified text on 8/25/2016 (H,KR). |
| Filing 90 Answer to First Amended Complaint with jury demand filed by Dana Companies, LLC. (Schuster, Richard) Modified text on 8/25/2016 (H,KR). |
| Filing 89 Answer to First Amended Complaint with jury demand filed by Goodrich Corporation. (Schuster, Richard) Modified text on 8/25/2016 (H,KR). |
| Filing 88 Answer to First Amended Complaint with jury demand filed by Goodyear Tire & Rubber Company. (Schuster, Richard) Modified text on 8/25/2016 (H,KR). |
| Filing 87 Answer to Complaint with jury demand filed by Dana Companies, LLC. (Schuster, Richard) Modified text on 8/25/2016 (H,KR). |
| Filing 86 Answer to Amended Complaint with Jury Demand, Cross-Claims, and Third-Party Claims (Present and Future) filed by Pneumo Abex Corporation. (Odum, Drew) Modified text on 8/18/2016 (H,KR). |
| Filing 85 Notice of Joinder in Defendant Lockheed Martin Corporations Notice of Removal of Action Under U.S.C. 1442(a)(1) (Government Contractor Immunity - Acting Under Direction of Federal Officer) filed by United Technologies Corporation. Related document(s) #1 .(Odum, Drew) Modified text on 8/17/2016 (H,KR). |
| Filing 84 Answer to Complaint with Jury Demand, Affirmative Defenses, and Answer to All Past, Pending, or Future Cross-Claims filed by Riley Power, Inc.. (Simek, Douglas) Modified text on 8/16/2016 (H,KR). |
| Filing 83 Answer to Complaint with Jury Demand, Affirmative Defenses, and Answer to All Past, Pending, or Future Cross-Claims filed by Greene Tweed & Company, Inc.. (Simek, Douglas) Modified text on 8/16/2016 (H,KR). |
| Filing 82 Corporate Disclosure Statement filed by Boeing Company. (Simek, Douglas) |
| Filing 81 Answer to Complaint with Jury Demand, Affirmative Defenses, and Answer to All Past, Pending, or Future Cross-Claims filed by Boeing Company. (Simek, Douglas) Related document #63 . Modified text on 8/16/2016 (H,KR). |
| Filing 80 Answer to Amended Complaint with Jury Demand and Answer to Cross-Claims, and Third-Party Claims (Present and Future) filed by United Technologies Corporation. (Odum, Drew) Modified on 8/15/2016 (H,KR). |
| Filing 79 Answer to Amended Complaint with Jury Demand and Answer to Cross-Claims, and Third-Party Claims (Present and Future) filed by United Technologies Corporation, Incorrectly Named as UTC Aerospace Systems. (Odum, Drew) Modified text and filer on 8/15/2016 (H,KR). |
| Filing 78 Answer to Amended Complaint with Jury Demand and Answer to Cross-Claims, and Third-Party Claims (Present and Future) filed by United Technologies Corporation, Incorrectly Named as Pratt & Whitney. (Odum, Drew) Modified text and filer on 8/15/2016 (H,KR). |
| Filing 77 Answer to Amended Complaint with Jury Demand and Answer to Cross-Claims, and Third-Party Claims (Present and Future) filed by Parker Hannifin Corp.. (Odum, Drew) Modified text on 8/15/2016 (H,KR). |
| Filing 76 Answer to Amended Complaint with Jury Demand and Answer to Cross-Claims, and Third-Party Claims (Present and Future) filed by A.W. Chesterton Company. (Odum, Drew) Modified text on 8/15/2016 (H,KR). |
| Filing 75 Answer to Amended Complaint with Jury Demand and Answer to Cross-Claims, and Third-Party Claims (Present and Future) filed by Rockwell Automation, Inc.. (Odum, Drew) Modified text on 8/15/2016 (H,KR). |
| Filing 74 Answer to Amended Complaint with Jury Demand and Any Related Cross-Claims filed by Grove Aircraft Landing Gear Systems, Inc.. (Novak, Jenifer) Modified text on 8/15/2016 (H,KR). |
| Filing 73 Corporate Disclosure Statement identifying Corporate Parent FirstEnergy Corp. for Cleveland Electric Illuminating Company filed by Cleveland Electric Illuminating Company. (Sacher, Lindsey) |
| Filing 72 Corporate Disclosure Statement filed by UTC Aerospace Systems. (Odum, Drew) |
| Filing 71 Answer to Amended Complaint filed by Cleveland Electric Illuminating Company. (Sacher, Lindsey) Modified text on 8/11/2016 (H,KR). |
| Filing 70 Corporate Disclosure Statement filed by Pneumo Abex Corporation. (Caryl, Christopher) |
| Filing 69 Attorney Appearance by Christopher J. Caryl filed by on behalf of Pneumo Abex Corporation. (Caryl, Christopher) |
| Filing 68 Motion for leave to withdraw appearance by Stephen H. Daniels, Evan J. Palik, and James A. Byrne filed by Defendant ON Marine Services LLC. Related document(s) #28 . (Byrne, James) Modified text on 8/10/2016 (H,KR). |
| Filing 67 Attorney Appearance by Kevin C. Alexandersen and Daniel Michalexc filed on behalf of Kaman Corporation. (Alexandersen, Kevin) Modified text on 8/10/2016 (H,KR). |
| Filing 66 Answer to Amended Complaint and all Pending or Future Cross-Claims, with Jury Demand filed by Kaman Corporation. (Alexandersen, Kevin) Modified text on 8/10/2016 (H,KR). |
| Filing 65 Attorney Appearance by Laura P. Yee filed by on behalf of Lockheed Martin Corporation. (Yee, Laura) |
| Filing 64 Corporate Disclosure Statement filed by Honeywell International, Inc.. (Silvaggio, Joseph) Modified to add that document contains wrong s/ signature on 8/10/2016 (H,KR). |
| Filing 63 Answer to Complaint with Jury Demand , Crossclaim against All Defendants filed by Honeywell International, Inc.. (Silvaggio, Joseph) Modified to add that document contains wrong s/ signature on 8/10/2016 (H,KR). |
| Filing 62 Corporate Disclosure Statement filed by ON Marine Services LLC. (Daniel, Eric) |
| Filing 61 Attorney Appearance by Eric S. Daniel filed by on behalf of ON Marine Services LLC. (Daniel, Eric) |
| Filing 60 Notice of Cancelled Deposition of Plaintiff filed by Boeing Company. (Simek, Douglas) |
| Filing 59 Answer to Amended Complaint with Jury Demand, Affirmative Defenses, Crossclaims and Answers to Cross-Claims against All Plaintiffs filed by Crane Co.. (Larissey, Michele) Modified text on 8/9/2016 (H,KR). |
| Filing 58 Corporate Disclosure Statement identifying Corporate Parent Georgia-Pacific Holdings, LLC for Georgia-Pacific Corp. filed by Georgia-Pacific Corp.. (Watchorn, Christine) |
| Filing 57 Answer to Complaint and Any Cross-Claims Filed or to be Filed with Jury Demand (Related Doc #1 ) filed by Georgia-Pacific Corp.. (Watchorn, Christine) Modified text on 8/8/2016 (H,KR). |
| Filing 56 Corporate Disclosure Statement filed by United Technologies Corporation. (Odum, Drew) |
| Filing 55 Attorney Appearance by Drew M.L. Odum filed by on behalf of United Technologies Corporation. (Odum, Drew) |
| Filing 54 Attorney Appearance by Drew M.L. Odum and Marty Lewis filed on behalf of UTC Aerospace Systems. (Odum, Drew) Modified text on 8/8/2016 (H,KR). |
| Filing 53 Corporate Disclosure Statement filed by Pratt & Whitney. (Odum, Drew) |
| Filing 52 Attorney Appearance by Drew M.L. Odum filed by on behalf of Pratt & Whitney. (Odum, Drew) |
| Filing 51 Corporate Disclosure Statement filed by Rockwell Automation, Inc.. (Odum, Drew) |
| Filing 50 Attorney Appearance by Drew M.L. Odum filed by on behalf of Rockwell Automation, Inc.. (Odum, Drew) |
| Filing 49 Answer to Amended Complaint, Cross-Claims, and Third Party Claims (present and future) with Jury Demand filed by McCord Corporation. (Whitesell, Jeffrey) Modified text on 8/8/2016 (H,KR). |
| Filing 48 Corporate Disclosure Statement filed by Crane Co.. (Larissey, Michele) |
| Filing 47 Attorney Appearance by Michele L. Larissey filed by on behalf of Crane Co.. (Larissey, Michele) |
| Filing 46 Initial Standing Order. Judge Sara Lioi on 8/8/2016. (P,J) |
| Filing 45 Corporate Disclosure Statement filed by Grove Aircraft Landing Gear Systems, Inc.. (Novak, Jenifer) |
| Filing 44 Attorney Appearance by Jenifer E. Novak filed by on behalf of Grove Aircraft Landing Gear Systems, Inc.. (Novak, Jenifer) |
| Filing 43 Answer to Plaintiffs' Complaint and All Cross-Claims (Jury Demand Endorsed Hereon) filed by Lockheed Martin Corporation. (Patton, Edward) Modified text on 8/8/2016 (H,KR). |
| Filing 42 Corporate Disclosure Statement identifying Corporate Parent Smiths Group PLC for John Crane, Inc. filed by John Crane, Inc.. (Byrne, James) |
| Filing 41 Answer to Complaint with Jury Demand and to Any Cross-Claims Filed or to be Filed filed by John Crane, Inc.. (Byrne, James) |
| Filing 40 Corporate Disclosure Statement identifying Corporate Parent NAI Entertainment Holdings LLC, Corporate Parent National Amusements, Inc. for CBS Corporation filed by CBS Corporation. (Doran, Perry) |
| Filing 39 Corporate Disclosure Statement identifying Corporate Parent Textron Inc. for McCord Corporation filed by McCord Corporation. (Whitesell, Jeffrey) |
| Filing 38 Attorney Appearance by Jeffrey A. Healy and Jeffrey M. Whitesell filed on behalf of McCord Corporation. (Whitesell, Jeffrey) Modified text on 8/5/2016 (H,KR). |
| Filing 37 Corporate Disclosure Statement filed by Parker Hannifin Corp.. (Odum, Drew) |
| Filing 36 Attorney Appearance of John P. Patterson and Drew Odum filed on behalf of Parker Hannifin Corp.. (Odum, Drew) Modified text on 8/5/2016 (H,KR). |
| Filing 35 Corporate Disclosure Statement filed by A.W. Chesterton Company. (Odum, Drew) |
| Filing 34 Attorney Appearance of John P. Patterson and Drew Odum filed on behalf of A.W. Chesterton Company. (Odum, Drew) Modified text on 8/5/2016 (H,KR). |
| Filing 33 Corporate Disclosure Statement identifying Other Affiliate Dana Holding Corporation for Dana Corporation filed by Dana Corporation. (Schuster, Richard) |
| Filing 32 Corporate Disclosure Statement identifying Corporate Parent United Technologies Corporation for Goodrich Corporation filed by Goodrich Corporation. (Schuster, Richard) |
| Filing 31 Corporate Disclosure Statement filed by Greene Tweed & Company, Inc.. (Simek, Douglas) |
| Filing 30 Corporate Disclosure Statement identifying Other Affiliate GE Capital Australia Funding Pty. Ltd., Other Affiliate GE Capital Canada Funding Company, Other Affiliate GE Capital European Funding, Other Affiliate GE Capital Franchise Finance Corporation, Other Affiliate GE Capital International Funding Company, Other Affiliate GE Capital UK Funding, Other Affiliate GE Capital Treasury Services (U.S.) LLC, Other Affiliate Security Capital Group Incorporated, Other Affiliate SUSA Partnership, L.P. for General Electric Corporation filed by General Electric Corporation. (Doran, Perry) |
| Filing 29 Joinder in Co-Defendant Lockheed Martin Corporation's Notice of Removal filed by Boeing Company. (Attachments: #1 Exhibit A Plaintiff's Complaint and Service Page, #2 Exhibit B Preliminary Product Identification Disclosure)Related document(s) #1 .(Simek, Douglas) |
| Filing 28 Attorney Appearance of Stephen H. Daniels, Evan J. Palik, and James A. Byrne filed on behalf of Oglebay Norton Company. (Byrne, James) Modified on 8/5/2016 (H,KR). |
| Filing 27 Attorney Appearance of Stephen H. Daniels, Evan J. Palik, and James A. Byrne filed on behalf of John Crane, Inc.. (Byrne, James) Modified text on 8/5/2016 (H,KR). |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Melanie M. Irwin for Honeywell International, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #20 ). Judge Sara Lioi on 8/5/16.(S,HR)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Matthew D. Joss for General Electric Corporation. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #17 ). Judge Sara Lioi on 8/5/16.(S,HR)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Laura P. Yee for Lockheed Martin Corporation. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #21 ). Judge Sara Lioi on 8/5/16.(S,HR)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Steven G. Blackmer for Honeywell International, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #19 ). Judge Sara Lioi on 8/5/16.(S,HR)
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| Filing 26 Corporate Disclosure Statement filed by Riley Power, Inc.. (Simek, Douglas) |
| Filing 25 Corporate Disclosure Statement filed by Red Seal Electric Company. (Valenti, John) |
| Filing 24 Attorney Appearance by John A. Valenti and John A. Kristan, Jr. filed by on behalf of Red Seal Electric Company. (Valenti, John) |
| Filing 23 Corporate Disclosure Statement filed by Clark Industrial Insulation Co.. (Kristan, John) |
| Filing 22 Attorney Appearance by John A. Kristan, Jr and John A. Valenti filed by on behalf of Clark Industrial Insulation Co.. (Kristan, John) |
| Filing 21 Motion for attorney Laura Patricia Yee to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7742800, filed by Defendant Lockheed Martin Corporation. (Attachments: #1 Exhibit Affidavit of Laura Patricia Yee, #2 Proposed Order)(Patton, Edward) |
| Filing 20 Motion for attorney Melanie M. Irwin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7742810, filed by Defendant Honeywell International, Inc. (Silvaggio, Joseph) Modified on 8/4/2016. Certificate of Good Standing attached. (G,CA). |
| Filing 19 Motion for attorney Steven G. Blackmer to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7742801, filed by Defendant Honeywell International, Inc. (Silvaggio, Joseph) Modified on 8/4/2016. Certificate of Good Standing attached. (G,CA). |
| Filing 18 Attorney Appearance by Joseph D. Silvaggio filed by on behalf of Honeywell International, Inc.. (Silvaggio, Joseph) |
| Filing 17 Motion for attorney Matthew D. Joss to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7741564, filed by Defendant General Electric Corporation. (Attachments: #1 Exhibit 1 Affidavit, #2 Proposed Order)(Doran, Perry) Modified exhibit text on 8/4/2016 (G,CA). |
| Filing 16 Attorney Appearance of Richard D. Schuster, Perry W. Doran, II, and Stephen C. Musilli filed on behalf of Goodrich Corporation. (Doran, Perry) Modified text on 8/4/2016 (H,KR). |
| Filing 15 Attorney Appearance by Susan B. Harty, Perry W. Doran, II, and Stephen C. Musilli filed on behalf of General Electric Corporation. (Doran, Perry) Modified text on 8/4/2016 (H,KR). |
| Filing 14 Attorney Appearance of Richard D. Schuster, Perry W. Doran, II, and Stephen C. Musilli on behalf of Dana Corporation. (Doran, Perry) Modified text on 8/4/2016 (H,KR). |
| Filing 13 Attorney Appearance of Richard D. Schuster, Perry W. Doran, II, and Stephen C. Musilli on behalf of Goodyear Tire & Rubber Company. (Doran, Perry) Modified text on 8/4/2016 (H,KR). |
| Filing 12 Attorney Appearance by Susan B. Harty, Perry W. Doran, II, and Stephen C. Musilli on behalf of Westinghouse Electric Corporation. (Doran, Perry) Modified text on 8/4/2016 (H,KR). |
| Filing 11 Attorney Appearance by James L. McCrystal, Jr filed by on behalf of Eaton Corporation. (McCrystal, James) |
| Filing 10 Corporate Disclosure Statement identifying Corporate Parent Eaton Corporation, PLC (Ireland) for Eaton Corporation filed by Eaton Corporation. (Studeny, Nathan) |
| Filing 9 Answer to Complaint with Jury Demand filed by Eaton Corporation. (Studeny, Nathan) |
| Filing 8 Attorney Appearance by Nathan F. Studeny filed by on behalf of Eaton Corporation. (Studeny, Nathan) |
| Filing 7 Notice to take Deposition of Plaintiff Larry L. Lenk on August 10, 2016 filed by Boeing Company. (Simek, Douglas) |
| Filing 6 Attorney Appearance of Matthew C. O'Connell and Douglas R. Simek filed on behalf of Greene Tweed & Company, Inc.. (Simek, Douglas) Modified text on 8/3/2016 (H,KR). |
| Filing 5 Attorney Appearance of Matthew C. O'Connell and Douglas R. Simek filed on behalf of Riley Power, Inc.. (Simek, Douglas) Modified text on 8/3/2016 (H,KR). |
| Filing 4 Attorney Appearance of Matthew C. O'Connell and Douglas R. Simek filed on behalf of Boeing Company. (Simek, Douglas) Modified text on 8/3/2016 (H,KR). |
| Filing 3 Magistrate Consent Form issued. (S,SR) |
| Judge Sara Lioi assigned to case. (S,SR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,SR) |
| Filing 2 Corporate Disclosure Statement filed by Lockheed Martin Corporation. (Patton, Edward) |
| Filing 1 Notice of Removal from Cuyahoga County Common Pleas Court, case number CV16864720 with jury demand, Filing fee $ 400, receipt number 0647-7736434. Filed by Lockheed Martin Corporation. (Attachments: #1 Summons and Complaint, #2 Preliminary Product Identification Disclosure, #3 Court of Common Pleas Docket, #4 Civil Cover Sheet) (Patton, Edward) Modified text on 8/1/2016 (S,SR). |
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