Dougherty v. Autoliv ASP Inc., et al
| Joseph John Dougherty |
| DAP Products, Inc., Donald McKay Smith Inc, Honeywell International Inc., Kaiser Gypsum Company, Inc., Pfizer Inc., The Scotts Company, LLC, Union Carbide Corporation, Vanderbilt Minerals, LLC, WT/HRC Corporation, Allied Signal, Inc., F and Scotts Company, LLC |
| Pneumo Abex LLC, R.E. Kramig & Co., Inc., Red Seal Electric Company, Rheem Manufacturing Company, Swenson Technology, Inc. and Morton International, Inc. |
| 1:2022cv00976 |
| June 7, 2022 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| P.I. : Asbestos |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
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| Filing 51 Certified copy of Docket Sheet and #50 Order of Remand mailed to Cuyahoga County Court of Common Pleas, with acknowledgment of receipt enclosed. (S,HR) |
| Filing 50 Opinion and Order Plaintiff Joseph J. Dougherty's Emergency Motion to Remand. (ECF #44 ). For the following reasons, the Court grants the Motion and remands the case back to Cuyahoga County Court of Common Pleas. Judge Christopher A. Boyko on 7/26/2022. (L,Ja) |
| Filing 49 Motion for attorney Melanie M. Irwin to Appear Pro Hac Vice with Proposed Order & Certificate of Good Standing. Filing fee $ 120, receipt number AOHNDC-11520881, filed by Defendant Honeywell International Inc.. (Blackmer, Steven) |
Order [non-document] granting Defendant's 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 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. (Related Doc #49 ). Judge Christopher A. Boyko on 7/15/2022.(L,Ja)
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| Filing 48 Reply in support of #44 Emergency Motion to remand to State Court filed by All Plaintiffs. (Gallucci, Anthony) |
| Filing 47 Opposition to Plaintiff's Emergency Motion to Remand filed by Morton International, Inc.. Related document(s) #44 . (Attachments: #1 Exhibit Illinois Complaint (Courtesy Copy), #2 Exhibit Cirilo v. Lincoln Electric (Courtesy Copy), #3 Exhibit Crackau v. Lucent Techs. (Courtesy Copy), #4 Exhibit In re: Welding Rods Prods. Liab. Litig. (Courtesy Copy), #5 Exhibit Jones v. John Crane-Houdaille, Inc. (Courtesy Copy)) (Schuster, Richard) |
| Filing 46 Answer to Plaintiff's Amended Complaint and to Any Cross-Claims Filed or to be Filed filed by Donald McKay Smith Inc. (Bonezzi, William) |
| Filing 45 Answer to Complaint with Jury Demand Including All Amended Complaints and, Crossclaim against All Defendants filed by Honeywell International Inc.. (Blackmer, Steven) |
| Filing 44 Emergency Motion to remand to State Court filed by Plaintiff Joseph John Dougherty. (Attachments: #1 Exhibit A - Complaint, Court of Common Pleas, Cuyahoga County, Ohio, #2 Exhibit B - Amended Complaint, Court of Common Pleas, Cuyahoga County, Ohio, #3 Exhibit C - Amended Complaint, Third Judicial Circuit, Madison County, Illinois, #4 Exhibit D - Answers to Defendants Master Consolidated Discovery Requests to Plaintiff and Plaintiffs Preliminary Product, #5 Exhibit E - Joseph Dougherty Discovery Deposition, Vol I, #6 Exhibit F - Joseph Dougherty Discovery Deposition, Vol II, #7 Exhibit G - Notice of Videotaped Trial Preservation Deposition, #8 Exhibit H - E-mail thread with defense liaison counsel, #9 Exhibit I - Cramer v. Logistics Co., Inc., No. EP-14-CV-281-KC, #10 Exhibit J - Zuniga v. Chugach Maintenance Services, No. CVF060048AWILJO, #11 Exhibit K - Fuller v. Tennessee Valley Authority, No. 1:04-cv-113, #12 Exhibit L - Hatten v. Grobet USA, CV-20-00099-TUC-JGZ, #13 Exhibit M - Minnesota v. American Petroleum Institute, Civ. No. 20-1636, #14 Exhibit N - Rosseter v. Indus. Light & Magic, No. C08-04545WHA, #15 Exhibit O - Ballard v. Ameron Intl Corp., Case No. 16-cv-06074-JSC, #16 Exhibit P - City and County of Honolulu v. Sunoco, LP, 20-cv-00163-DKW-RT) (Gallucci, Anthony) |
| Filing 43 Corporate Disclosure Statement filed by Rheem Manufacturing Company. (O'Connell, Matthew) |
| Filing 42 Corporate Disclosure Statement filed by R.E. Kramig & Co., Inc.. (Boehm, David) |
| Filing 41 Attorney Appearance of David H. Boehm and Sean T. Lavin filed on behalf of R.E. Kramig & Co., Inc.. (Boehm, David) |
| Filing 40 Answer to Complaint all Amended Complaints, and any Cross-Claims filed or to be filed with Jury Demand filed by R.E. Kramig & Co., Inc.. (Boehm, David) |
| Filing 39 Corporate Disclosure Statement filed by Honeywell International Inc.. (Blackmer, Steven) |
| Filing 38 Attorney Appearance by Steven G. Blackmer filed by on behalf of Honeywell International Inc.. (Blackmer, Steven) |
| Filing 37 Answer to Amended Complaint with Jury Demand Affirmative Defenses, and Answer to all Past, Pending, or Future Cross-Claims filed by Rheem Manufacturing Company (Studeny, Nathan s/by Matthew C. O'Connell). Modified on 6/17/2022, filer notified that s/signature should be same as filer (H,SP). |
| Filing 36 Attorney Appearance by Nathan F. Studeny and Matthew C. O'Connell filed on behalf of Rheem Manufacturing Company (Studeny, Nathan s/by Matthew C. O'Connell). Modified on 6/17/2022 to correct event, and notified filer that s/signature should be same as filer (H,SP). |
| Filing 35 Answer to Amended Complaint with Jury Demand, with Affirmative Defenses, and Answer to Cross Claims filed or to be filed, by Red Seal Electric Company (Kristan, John). Modified on 6/17/2022 to correct event (H,SP). |
| Filing 34 Corporate Disclosure Statement filed by Red Seal Electric Company. (Kristan, John) |
| Filing 33 Attorney Appearance by John A. Kristan, Jr. filed on behalf of Red Seal Electric Company (Kristan, John). Modified on 6/17/2022 to correct event (H,SP). |
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Order [non-document] granting #32 The Court further grants Defendant R.E. Kramig & Co., Inc.'s Motion for Extension of Time to File its Answer or Otherwise Respond. (ECF #32 ). Defendant shall file its responsive pleading no later than June 21, 2022. Judge Christopher A. Boyko on 6/15/2022.(L,Ja)
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Order [non-document] The Court grants Defendant Donald McKay Smith Inc.'s Motion for Extension of Time to File its Answer and Affirmative Defenses to Plaintiff's Amended Complaint and any Cross-Claims Filed or to be Filed. (ECF #19 ). Defendant shall file its responsive pleading no later than June 24, 2022. Judge Christopher A. Boyko on 6/15/2022.(L,Ja)
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| Filing 32 First Motion for extension of time until June 21, 2022 to answer filed by Defendant R.E. Kramig & Co., Inc.. (Boehm, David) |
| Filing 31 Attorney Appearance by Perry W. Doran, II, Richard D. Schuster, and Stephen C. Musilli filed on behalf of Morton International, Inc.. (Doran, Perry) |
| Filing 30 Attorney Appearance by Perry W. Doran, II, Richard D. Schuster, and Stephen C. Musilli filed on behalf of Scotts Company, LLC. (Doran, Perry) |
| Filing 29 Attorney Appearance Richard D. Schuster, Perry W. Doran, II, Stephen C. Musilli filed on behalf of Union Carbide Corporation. (Doran, Perry) Modified on 6/15/2022 (L,Br). |
| Filing 28 Corporate Disclosure Statement filed by Donald McKay Smith Inc. (Bonezzi, William) |
| Filing 27 Corporate Disclosure Statement filed by Pfizer Inc.. (Ross, Karen) |
| Filing 26 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Pfizer Inc.. (Ross, Karen) |
| Filing 25 Attorney Appearance by Karen E. Ross filed on behalf of Pfizer Inc.. (Ross, Karen) |
| Filing 24 Corporate Disclosure Statement identifying Corporate Parent G.K. Enterprises, Inc. for Swenson Technology, Inc. filed by Swenson Technology, Inc.. (Winkler, Ryan) |
| Filing 23 Corporate Disclosure Statement identifying Corporate Parent Hanson Permanente Cement, Inc. for Kaiser Gypsum Company, Inc. filed by Kaiser Gypsum Company, Inc.. (Fagnilli, David) |
| Filing 22 Corporate Disclosure Statement filed by WT/HRC Corporation. (Winkler, Ryan) |
| Filing 21 Answer to Plaintiff's Amended Complaint filed by Kaiser Gypsum Company, Inc.. (Fagnilli, David) |
| Filing 20 Answer to Plaintiff's Amended Complaint filed by WT/HRC Corporation. (Winkler, Ryan) |
| Filing 19 Motion for extension of time until June 24, 2022 to file Answer and Affirmative Defenses to Plaintiff's Amended Complaint and to Any Cross-Claims Filed or to be Filed filed by Defendant Donald McKay Smith Inc. (Bonezzi, William) |
| Filing 18 Answer to Plaintiff's Amended Complaint filed by Swenson Technology, Inc.. (Winkler, Ryan) |
| Filing 17 Attorney Appearance by Ryan T. Winkler filed by on behalf of WT/HRC Corporation. (Winkler, Ryan) |
| Filing 16 Attorney Appearance by Ryan T. Winkler filed by on behalf of Swenson Technology, Inc.. (Winkler, Ryan) |
| Filing 15 Answer and Affirmative Defenses to Plaintiff's Amended Complaint and to Any Cross-Claims Filed or to be Filed filed by Vanderbilt Minerals, LLC. (Kline, James) |
| Filing 14 Corporate Disclosure Statement filed by Vanderbilt Minerals, LLC. (Kline, James) |
| Filing 13 Corporate Disclosure Statement filed by Pneumo Abex LLC. (Caryl, Christopher) |
| Filing 12 Answer to Complaint with Jury Demand, Including All Amended Complaints, and Any Cross-Claims Filed or To Be Filed (Related Doc #1 ) filed by Pneumo Abex LLC. (Caryl, Christopher) |
| Filing 11 Attorney Appearance by Christopher J. Caryl filed by on behalf of Pneumo Abex LLC. (Caryl, Christopher) |
| Filing 10 Corporate Disclosure Statement identifying Corporate Parent The Dow Chemical Company for Union Carbide Corporation filed by Union Carbide Corporation. (Doran, Perry) |
| Filing 9 Corporate Disclosure Statement filed by DAP Products, Inc.. (Kelley, Brendan) |
| Filing 8 Attorney Appearance by Brendan P. Kelley and Laura Kingsley Hong filed on behalf of DAP Products, Inc.. Related document(s) #7 .(Kelley, Brendan) |
| Filing 7 Answer to Complaint with Jury Demand filed by DAP Products, Inc.. (Kelley, Brendan) |
| Filing 6 Motion for attorney Daniel LaTerra to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11470320, filed by Plaintiff Joseph John Dougherty. (Attachments: #1 Exhibit Certificate of Good Standing, dated June 10, 2022, from the Bar of New York., #2 Exhibit Certificate of Good Standing, dated June 10, 2022, from the Bar of the District of Columbia, #3 Exhibit Affidavit of Daniel LaTerra, Esq.)(Gallucci, Anthony) |
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by attorney Daniel LaTerra for Joseph John Dougherty. 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. (Related Doc #6 ). Judge Christopher A. Boyko on 6/14/2022.(L,Ja)
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| Filing 5 Corporate Disclosure Statement identifying Corporate Parent The Scotts Miracle-Gro Company for The Scotts Company, LLC filed by The Scotts Company, LLC. (Doran, Perry) |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent Dow Chemical Company, The for Morton International, Inc. filed by Morton International, Inc.. (Doran, Perry) |
| Filing 3 Magistrate Consent Form issued. (H,Ch) |
| Filing 2 Supplemental Filing in Further Support of Notice of Removal (Notice of Service and Summons) filed by Morton International, Inc. (Related document(s) #1 ) (Doran, Perry signature by Stephen C. Musilli). Modified on 6/13/2022, filer notified that signature should be same as filer (H,SP). |
| Judge Christopher A. Boyko assigned to case. (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (H,Ch) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-22-960873 with jury demand, Filing fee paid $402, receipt number AOHNDC-11459298. Filed by Morton International, Inc. (Attachments: #1 Exhibits and State Court documents to Notice of Removal, #2 Civil Cover Sheet with Attachment). (Doran, Perry signature by Richard D. Schuster). Modified on 6/13/2022, filer notified that signature should be same as filer (H,SP). |
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