Stratford v. Avon Products, Inc. et al
| Sylvia Stratford |
| John Crane Inc., Brenntag North America, Inc., GG of Florida, Inc., Goulds Pumps LLC, Padagis Michigan, LLC, Playtex Marketing Corporation, Playtex Products, LCC, Smiths Group PLC, Sterling Fluid Systems (USA), LLC, ViacomCBS, Inc., Walmart Inc., Avon Products, Inc., Brenntag Specialties, Inc., Mineral Pigment Solutions, Inc., BW/IP Internation, Inc., Charles B. Chrystal Company, Inc., Colgate-Palmolive Company, Crane Co., Davion Inc., Dolgencorp, LLC, Flowserve US, Inc., FMC Corporation, Higbee Gaskets and Sealing Products, Inc., Goulds Pumps Incorporated, IMO Industries, Inc., Kroger Co., Naterra International, Inc., Perrigo Pharmaceuticals Company, Perrigo Company, Playtex Products Inc., Primier Brands of America, John Crane, Inc., Peerless Pump Co., Thornton Industries, Inc., Union Carbide Corporation, CBS Corporation, Westinghouse Electric Company, Walmart Stories Inc., Whittaker Clark & Daniels Inc., William Powell Company, Colgate-Palmolive Company, as Successor-in-Interest to the Mennen Company and Brenntag Specialties, LLC |
| 1:2021cv02414 |
| December 27, 2021 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
Docket Report
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| Remark by Finance. Funds in the amount of $402.00 refunded on 02/17/2022 for AOHNDC-11197123. (K,Ve) |
| Filing 85 Acknowledgment of receipt of remand from Cuyahoga County Court of Common Pleas on 3/17/2022. Related document(s) #84 . (H,Ch) |
| Filing 84 Certified copy of order of remand and docket sheet mailed to Cuyahoga County Court of Common Pleas with acknowledgment of receipt enclosed (Related document(s) #82 ) (H,SP) |
| Filing 83 Judgment Entry Terminating Case. Judge J. Philip Calabrese on 3/14/2022. (Y,A) |
Filing 82
Order: The Court GRANTS Plaintiff's motion to remand (ECF No. #33 ) and REMANDS this case to the Cuyahoga County Court of Common Pleas. The Court DENIES AS MOOT Defendant John Crane Inc.'s motion for leave to file a sur-reply (ECF No. 79.). Judge J. Philip Calabrese on 3/14/2022. (Y,A)
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| Filing 81 Motion for extension of time to File an Opposition to Defendant Smiths Group PLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by Plaintiff Sylvia Stratford. (Hickey, Christopher) |
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Order [non-document]: For good cause shown, the Court grants Plaintiff's motion for an extension to 14 days after a ruling on the motion to remand to respond to Defendant Smiths Group PLC's Motion to Dismiss (ECF No. #81 ). Judge J. Philip Calabrese on 3/10/2022.(Y,A)
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| Filing 80 Defendant John Crane Inc.'s Response to This Court's Order Requesting Information on Party Citizenship filed by John Crane Inc.. Related document(s) #75 . (Attachments: #1 Exhibit A - List of Defendants, #2 Exhibit B - Screenshots, #3 Exhibit C - Affidavit of Kimberly Hansen) (Studeny, Nathan) |
| Filing 79 Motion for leave to File Sur-Reply in Response to Plaintiff's Reply in Support of Motion to Remand filed by Defendant John Crane Inc.. Related document(s) #74 . (Attachments: #1 Sur-Reply, #2 Exhibit A - Stratford Docket, #3 Exhibit B - Notice of Filing Notice of Removal, #4 Exhibit C - Asbestos Master CMO) (Studeny, Nathan) |
| Filing 78 FILING ERROR - Attorney called. Filed incorrectly. Re-filed as #79 Motion for leave to file sur-reply in response to Plaintiff's reply in support of motion to remand filed by Defendant John Crane Inc. (Attachments: #1 Pleading Sur-Reply, #2 Exhibit A-Stratford Docket-File & ServeXpress, #3 Exhibit B-Notice of Filing Notice of Removal, #4 Exhibit C-Asbestos Master CMO) (Studeny, Nathan). Modified on 3/8/2022 (L,Br). |
| Filing 77 Corporate Disclosure Statement filed by Colgate-Palmolive Company. (Tarney, Tyler) |
| Filing 76 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Colgate-Palmolive Company. (Tarney, Tyler) |
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Filing 75
Order: The Court ORDERS Defendant John Crane Inc. to submit information from which the Court can determine whether complete diversity exists such that the Court has original jurisdiction no later than March 7, 2022. Judge J. Philip Calabrese on 2/24/2022. (Y,A)
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| Filing 74 Reply in support of #33 Motion to remand to State Court filed by All Plaintiffs. (Attachments: #1 Exhibit Ex 1 - State Court Docket)(Hickey, Christopher) |
| Filing 73 Corporate Disclosure Statement filed by Avon Products, Inc.. (Kline, James) |
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Order [non-document]: Defendant Avon Products, Inc.'s motion for an extension until 7 days after the Court rules on the pending motion to remand to answer, move, or otherwise plead in response to the complaint is unopposed and granted (ECF No. #72 ). Judge J. Philip Calabrese on 2/23/2022.(Y,A)
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| Filing 72 Unopposed Motion for extension of time to Move, Plead, or Otherwise Respond to Plaintiff's Complaint filed by Defendant Avon Products, Inc.. (Kline, James) |
| Filing 71 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Perrigo Company. (Garner, Richard) |
| Filing 70 Answer to Plaintiff's Complaint, Affirmative Defenses and Answer to Crossclaims Filed or To Be Filed filed by Naterra International, Inc.. Related document(s) #1 . (Quinlan, Michael) |
| Filing 69 Corporate Disclosure Statement filed by Naterra International, Inc.. (Quinlan, Michael) |
| Filing 68 Unopposed Motion for extension of time to Move, Plead, or Otherwise Respond to Plaintiff's Complaint filed by Defendant Playtex Marketing Corporation. (Kline, James) |
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Order [non-document]: Defendant Playtex Marketing Corporation's motion for an extension of time until 7 days after the Court rules on the pending motion to remand is unopposed and granted (ECF No. #68 ). Judge J. Philip Calabrese on 2/18/2022.(Y,A)
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| Filing 67 Separate Answer of Defendant John Crane Inc. to Plaintiff's Complaint, Affirmative Defenses, and Answer to All Past, Pending, or Future Cross-Claims, filed by John Crane Inc. Related document(s) #1 . (Studeny, Nathan) |
| Filing 66 Answer to Plaintiff's Complaint filed by Smiths Group PLC. Related document(s) #1 . (Weinstein, Joseph) |
| Filing 65 Corporate Disclosure Statement filed by Smiths Group PLC. (Weinstein, Joseph) |
| Filing 64 Motion to dismiss for lack of jurisdiction filed by Defendant Smiths Group PLC. Related document(s) #1 . (Attachments: #1 Memorandum in Support, #2 Whyte Affidavit). (Weinstein, Joseph) |
| Filing 63 Motion for extension of time until February 23, 2022 to File a Reply filed by Plaintiff Sylvia Stratford. (Hickey, Christopher) |
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Order [non-document] entered by Judge J. Philip Calabrese on 2/15/2022 granting Plaintiff's #63 Motion for Extension of Time until February 23, 2022 to File a Reply in Support of #33 Motion to remand to State Court. (S,KM)
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| Filing 62 Brief in Opposition to Plaintiff's Motion to Remand filed by John Crane Inc. Related document(s) #33 . (Attachments: #1 Exhibit A - Judgment Entry and Jury Interrogatories). (Studeny, Nathan) |
| Filing 61 Unopposed Motion for extension of time until 2/21/2022 to Move, Plead, or Otherwise Respond to Plaintiff's Complaint filed by Defendant Playtex Marketing Corporation. Related document(s) #1 . (Kline, James) |
| Filing 60 Corporate Disclosure Statement identifying corporate parent Hanesbrands, Inc. for Playtex Marketing Corporation, filed by Playtex Marketing Corporation. (Kline, James) |
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Order [non-document]: Defendant Playtex Marketing Corporation's motion for an extension to February 21, 2022 to answer, move, or otherwise plead in response to Plaintiff's complaint is unopposed and granted (ECF No. #61 ). Judge J. Philip Calabrese on 2/8/2022.(Y,A)
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| Filing 59 Motion for extension of time to file opposition to defendant John Crane, Inc.'s motion to dismiss first, second, third, fourth "causes of action" and sixth "claim for relief" of plaintiff's complaint, filed by Plaintiff Sylvia Stratford. Related document(s) #57 . (Hickey, Christopher) |
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Order [non-document]: For good cause shown, the Court grants Plaintiff's motion for extension of time to respond to the motion to dismiss of Defendant John Crane, Inc. (ECF No. #59 ). Plaintiff shall have 7 days from the Court's ruling on the pending motion to remand to respond to that motion to dismiss. Judge J. Philip Calabrese on 2/4/2022.(Y,A)
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| Filing 58 Answer to Plaintiff's Complaint, Present and Future Cross-Claims and Third-Party Claims filed by Goulds Pumps LLC. (Lopez, M.) |
| Filing 57 Motion to dismiss First, Second, Third, and Fourth causes of action and Sixth Claim for Relief of Plaintiff's Complaint, with memorandum in support, filed by Defendant John Crane Inc. Related document(s) #1 . (Studeny, Nathan) |
| Filing 56 Corporate Disclosure Statement filed by Brenntag North America, Inc. (Bentz, Audrey) |
| Filing 55 Corporate Disclosure Statement filed by Brenntag Specialties, LLC. (Bentz, Audrey) |
| Filing 54 Answer to Complaint, filed by Brenntag North America, Inc., Brenntag Specialties, LLC. Related document(s) #1 . (Bentz, Audrey) |
| Filing 53 Corporate Disclosure Statement filed by Walmart Inc.. (Guice, Gregory) |
| Filing 52 Answer to complaint filed by Walmart Inc. Related document(s) #1 . (Guice, Gregory) |
| Filing 51 Answer to Complaint, affirmative defenses, cross-claims, and answer to cross-claims, filed by Crane Co. Related document(s) #1 . (Smallwood, Edward) |
| Filing 50 Answer to Complaint, affirmative defenses, cross-claims, and answer to cross-claims, filed by William Powell Company. Related document(s) #1 . (Smallwood, Edward) |
| Filing 49 Corporate Disclosure Statement filed by Crane Co.. (Smallwood, Edward) |
| Filing 48 Attorney Appearance for Crane Co. by Edward A. Smallwood, II and Cathy R. Gordon, filed by on behalf of Crane Co. (Smallwood, Edward) |
| Filing 47 Corporate Disclosure Statement filed by William Powell Company. (Smallwood, Edward) |
| Filing 46 Attorney Appearance by Edward A. Smallwood, II and Cathy R. Gordon, filed by on behalf of William Powell Company. (Smallwood, Edward) |
| Filing 45 Corporate Disclosure Statement identifying Corporate Parent Almax LLC for Charles B. Chrystal Company, Inc., filed by Charles B. Chrystal Company, Inc. (Sommers, Sandra) |
| Filing 44 Answer to Complaint and to any Cross-Claims filed or to be filed, filed by Charles B. Chrystal Company, Inc. Related document(s) #1 . (Sommers, Sandra) |
| Filing 43 Affidavit/Declaration regarding corporate citizenship filed by Perrigo Company. (Lester, David) |
| Filing 42 Corporate Disclosure Statement filed by Thornton Industries, Inc.. (Schuster, Richard) |
| Filing 41 Answer to Plaintiff's Complaint filed by Thornton Industries, Inc.. (Schuster, Richard) |
| Filing 40 Attorney Appearance by Richard D. Schuster, Perry W. Doran, II, Daniel E. Shuey, and Stephen C. Musilli filed on behalf of Thornton Industries, Inc.. (Schuster, Richard) |
| Filing 39 Corporate Disclosure Statement filed by Whittaker Clark & Daniels Inc.. (Bentz, Audrey) |
| Filing 38 Answer filed by Whittaker Clark & Daniels Inc.. Related document(s) #1 . (Bentz, Audrey) |
| Filing 37 Corporate Disclosure Statement, Perrigo Company is an indirect subsidiary of Perrigo Company PLC, which is a public-traded company, filed by Perrigo Company. (Lester, David) |
| Filing 36 Proposed Stipulation for Leave to Plead, Move or Otherwise Respond to Plaintiff's Complaint filed by Naterra International, Inc.. (Quinlan, Michael) |
| Filing 35 Attorney Appearance by Michael P. Quinlan, Kenneth E. Smith, Edward O. Patton and Samuel R. Martillotta, filed by on behalf of Naterra International, Inc. (Quinlan, Michael) |
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Order [non-document]: The motion of Defendants Brenntag Specialties, LLC and Brenntag North America, Inc. for an extension to February 2, 2022 to answer, move, or otherwise respond to the complaint is granted (ECF No. #34 ). Judge J. Philip Calabrese on 1/27/2022.(Y,A)
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| Filing 34 Motion for extension of time until February 2, 2022 to answer, Move, Plead, or Otherwise Respond to Plaintiff's Complaint, filed by Brenntag Specialties, LLC, Brenntag North America, Inc. Related document(s) #1 . (Bentz, Audrey) |
| Filing 33 Motion to remand to State Court, with memorandum in support, filed by Plaintiff Sylvia Stratford. (Attachments: #1 Exhibit 1 - State Court Case Info and Docket, #2 Exhibit 2 - Kroger Summons Service, #3 Exhibit 3- William Powell Summons Service, #4 Exhibit 4 - William Powell SOS). (Hickey, Christopher) |
| Filing 32 Corporate Disclosure Statement, Sterling Fluid Systems (USA) LLC is 100% directly owned by SFS (USA) Holding Inc. and SFS is indirectly wholly owned by the Grundfos Americas Corporation, a privately-held corporation, filed by Sterling Fluid Systems (USA), LLC. (O'Connell, Matthew) |
| Filing 31 Corporate Disclosure Statement filed by FMC Corporation. (O'Connell, Matthew) |
| Filing 30 Separate Answer to complaint, affirmative defenses, and answer to all past, pending, or future cross-claims, filed by Sterling Fluid Systems (USA), LLC. Related document(s) #1 . (O'Connell, Matthew) |
| Filing 29 Separate Answer to complaint, affirmative defenses, and answer to all past, pending, or future cross-claims, filed by FMC Corporation. Related document(s) #1 . (O'Connell, Matthew) |
| Filing 28 Attorney Appearance by Matthew C. O'Connell and Nathan F. Studeny, filed by on behalf of FMC Corporation. (O'Connell, Matthew) |
| Filing 27 Attorney Appearance by Matthew C. O'Connell and Nathan F. Studeny, filed by on behalf of Sterling Fluid Systems (USA), LLC. (O'Connell, Matthew) |
| Filing 26 Attorney Appearance as co-counsel by David L. Lester, filed by on behalf of Perrigo Company. (Lester, David) |
| Filing 25 Corporate Disclosure Statement filed by Colgate-Palmolive Company, as Successor-in-Interest to the Mennen Company. (Novak, Jenifer) |
| Filing 24 Answer to Plaintiff's Complaint, Present and Future Cross-Claims and Third-Party Claims filed by Colgate-Palmolive Company, as Successor-in-Interest to the Mennen Company. (Novak, Jenifer) |
| Filing 23 Attorney Appearance by Jenifer E. Novak filed by on behalf of Colgate-Palmolive Company, as Successor-in-Interest to the Mennen Company. (Novak, Jenifer) |
| Filing 22 Corporate Disclosure Statement filed by Goulds Pumps LLC. (Lopez, M.) |
| Filing 21 Attorney Appearance by M. Laura Lopez filed by on behalf of Goulds Pumps LLC. (Lopez, M.) |
| Filing 20 Attorney Appearance by Bradley R. Copeland filed by on behalf of Colgate-Palmolive Company. (Copeland, Bradley) |
| Filing 19 Corporate Disclosure Statement filed by Kroger Co.. (Sarkar, Richik) |
| Filing 18 Answer and additional defenses to plaintiff's complaint, filed by Kroger Co. Related document(s) #1 . (Sarkar, Richik) |
| Filing 17 Attorney Appearance by Richik Sarkar filed by on behalf of Kroger Co.. (Sarkar, Richik) |
| Filing 16 Unopposed Motion for extension of time until March 2, 2022 to answer filed by Defendant Perrigo Company. Related document(s) #1 . (Garner, Richard) |
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Order [non-document]: Defendant Perrigo Company's motion for an extension to March 2, 2022 to answer, move, or otherwise plead in response to the complaint is unopposed and granted (ECF No. #16 ). Judge J. Philip Calabrese on 1/24/2022. (Y,A)
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| Filing 15 Proposed Stipulation Consent to Move or Plead filed by Colgate-Palmolive Company. (Tarney, Tyler) |
| Filing 14 Motion to dismiss party Padagis Michigan LLC and Perrigo Pharmaceuticals Company filed by Plaintiff Sylvia Stratford. (Hickey, Christopher) |
| Filing 13 Motion for attorney Mary Laura Lopez to Appear Pro Hac Vice. Filing fee $120.00, receipt number #14660136432, filed by Defendant Goulds Pumps LLC. (Attachments: #1 Letter of Good Standing, #2 Proposed Order, #3 Cover Letter). (R,AP) Modified text on 1/24/2022 (O,K). |
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Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney M. Laura Lopez for Goulds Pumps LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #13 ). Judge J. Philip Calabrese on 1/21/2022.(Y,A)
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| Filing 12 Corporate Disclosure Statement filed by Union Carbide Corporation. (Doran, Perry) |
| Notice by Clerk that Union Carbide Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,SR) |
| Filing 11 Answer to Complaint filed by Union Carbide Corporation. (Schuster, Richard) |
| Filing 10 Attorney Appearance by Richard D. Schuster, Perry W. Doran, II, and Stephen C. Musilli filed by on behalf of Union Carbide Corporation. (Schuster, Richard) Modified text on 1/20/2022 (S,SR). |
| Filing 9 Corporate Disclosure Statement filed by ViacomCBS, Inc.. (Doran, Perry) |
| Filing 8 Answer To Plaintiff's Complaint, Present and Future Cross-claims and Third-Party Claims filed by Dolgencorp, LLC. (Novak, Jenifer) |
| Filing 7 Attorney Appearance by Jenifer E. Novak filed by on behalf of Dolgencorp, LLC. (Novak, Jenifer) |
| Filing 6 Corporate Disclosure Statement filed by Dolgencorp, LLC. (Novak, Jenifer) |
| Filing 5 Answer to Complaint filed by ViacomCBS, Inc. (Schuster, Richard) |
| Filing 4 Attorney Appearance by Richard D. Schuster, Perry W. Doran, II, and Stephen C. Musilli filed by on behalf of Viacomcbs, Inc.. (Schuster, Richard) Modified text on 1/11/2022 (S,SR). |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate. Receipt #: 5735841, filed by John Crane Inc.. (O'Connell, Matthew) |
| Filing 3 Corporate Disclosure Statement filed by John Crane Inc.. (Studeny, Nathan) |
| Filing 2 Magistrate Consent Form issued. (L,Ja) |
| Judge J. Philip Calabrese assigned to case. (L,Ja) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (L,Ja) |
| Filing 1 Notice of Removal from The Court of Common Pleas, Cuyahoga County, Ohio, case number CV-21-957443 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11197123.. Filed by John Crane Inc.. (Attachments: #1 Exhibit A - Affidavit of Nathan F. Studeny, #2 Exhibit A1 - Complaint, #3 Exhibit A2 - Civil Case Docket Page, #4 Exhibit B - Affidavit of George L. Springs, #5 Civil Cover Sheet, #6 Notice of Appearance, #7 Corporate Disclosure Statement) (Studeny, Nathan) |
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