Keiser v. Donald McKay Smith, Inc., et al
| Carolyn Keiser |
| Donald McKay Smith, Inc., Red Seal Electric Company and Vanderbilt Minerals, LLC |
| 1:2023cv00304 |
| February 16, 2023 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
| Both |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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Filing 15
Brief in Opposition to Plaintiff's Motion to Remand; Oral Argument Requested filed by Vanderbilt Minerals, LLC. (Attachments: #1 Exhibit A: Plaintiff's Complaint, #2 Exhibit B: Affidavit of Matthew Stewart Director Health Safety and Environmental Risk, #3 Exhibit C: Defendants Answers to Plaintiff's First Master Set of Interrogatories Propounded to Donald McKay Smith, #4 Exhibit D: Responses of Defendant Red Seal Electric Company to Plaintiff's First Master Set of Interrogatories Propounded to Each Named Defendant, #5 Exhibit E: Case Management Order to Implement Lexis Nexis File & Serve in Place of Clad July 11, 2003, #6 Exhibit F: Plaintiff's Responses to Defendants' First Amended Master Consolidated Discovery Requests, Int. No. 30, #7 Exhibit G: Aug. 24, 2022 correspondence from Plaintiff's counsel Christopher Hickey to Vanderbilt's counsel Kurt Siegfried, #8 Exhibit H: Original Case Management Schedule adopted Aug. 29, 2022, #9 Exhibit I: Revised Case Management Schedule adopted Jan. 3, 2023, #10 Exhibit J: Jan. 16, 2023 email from Defense Liaison Counsel James Kline to Plaintiff's counsel Anthony Gallucci, #11 Exhibit K: Jan. 16, 2023 email from Plaintiff's counsel Anthony Gallucci to Defense Liaison Counsel James Kline, #12 Exhibit L: Deposition Transcript of Scott Keiser - 1.30.2023, #13 Exhibit M: Deposition Transcript of Michael Keiser - 2.1.2023, #14 Exhibit N: Deposition Transcript of David Elliott - 2.2.2023, #15 Exhibit O: Perkins v. United States Gypsum, #16 Exhibit P: Elder v. Armstrong World Industries, #17 Exhibit Q: DMSs Consent to Removal) (Kline, James) Modified text on 4/13/2023 (H,Ch).
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Filing 14
Motion to remand to State Court filed by Plaintiff Carolyn Keiser. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Defendants Response to Plaintiffs Master Set of Interrogatories Propounded to Donald McKay Smith, Inc., #3 Exhibit 3 - Responses of Defendant Red Seal Electric Company to Plaintiffs First Master Set of Interrogatories Propounded to Each Named Defendant)(Gallucci, Anthony)
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Filing 13
Corporate Disclosure Statement filed by Red Seal Electric Company. (Kristan, John)
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Filing 12
Answer to Complaint with Jury Demand with Affirmative Defenses, Cross Claims, and Answer to Cross Claims to Plaintiffs Complaint and Jury Demand filed by Red Seal Electric Company. (Kristan, John)
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Order [non-document] entered by Judge James S. Gwin on 3/9/23 granting plaintiff's #8 Motion for extension of Time to File Report of Parties' Planning Meeting ; #11 Motion to continue Case Management Conference. Case management conference RESET for 5/3/2023 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. (T,A)
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Filing 11
Motion to continue Case Management Conference Set for March 15, 2023 or in the Alternative, Excuse Attendance of Parties and Clients filed by Plaintiff Carolyn Keiser. (Gallucci, Anthony)
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Filing 10
Motion to excuse appearance and attendance of client representative filed by Defendant Donald McKay Smith, Inc.. (Bonezzi, William)
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Filing 9
Motion to excuse Attendance of Client Representatives filed by Defendant Vanderbilt Minerals, LLC. (Kline, James)
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Filing 8
Motion for extension of Time to File Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16 until 14 Days After Ruling on Plaintiffs' Motion to Remand filed by Plaintiff Carolyn Keiser. (Gallucci, Anthony)
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Filing 7
Corporate Disclosure Statement filed by Donald McKay Smith, Inc.. (Bonezzi, William)
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Filing 6
Answer to Complaint with Jury Demand filed by Donald McKay Smith, Inc.. (Bonezzi, William)
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Filing 5
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 2/17/23 setting a case management conference on 3/15/2023 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. This Court requires the attendance of (1) all parties, (2) lead counsel, and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Rule 30.1)(T,A)
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Filing 4
Magistrate Consent Form issued. (L,MI)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (L,MI)
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Judge James S. Gwin assigned to case. (L,MI)
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Filing 3
Answer to plaintiff's complaint and to any cross-claims filed or to be filed, filed by Vanderbilt Minerals, LLC. (Kline, James)
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Filing 2
Corporate Disclosure Statement filed by Vanderbilt Minerals, LLC. (Kline, James)
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Filing 1
Notice of Removal from Cuyahoga County Common Pleas Court, case number CV-22-963164 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11845219. Filed by Vanderbilt Minerals, LLC. (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Plaintiffs Responses to Defendants First Amended Master Consolidated Discovery Requests to Plaintiffs for Death Cases, #3 Exhibit C - Entry Appointing Fiduciary; Letters of Authority dated 4.6.2022, #4 Exhibit D - Responses to Plaintiffs First Master Set of Interrogatories Propounded to Each Named Defendant, #5 Exhibit E - Affidavit of Matthew Stewart, #6 Exhibit F - Interrogatory Answers Interrogatory Nos. 2 and 3, #7 Exhibit G - Red Seals Interrogatory Answers Interrogatory Nos. 2 and 3, #8 Exhibit H - Interrogatory Answers Interrogatory Nos. 8.1 and 8.4, #9 Exhibit I - Red Seals Interrogatory Answers Interrogatory Nos. 8.3 9 and 10, #10 Exhibit J - Case Management Order, #11 Exhibit K - Deposition Transcript of Scott Keiser - 1.30.2023, #12 Exhibit L - Deposition Transcript of Michael Keiser - 2.1.2023, #13 Exhibit M - Deposition Transcript of David Elliott - 2.2.2023, #14 Exhibit N - Consent to Removal, #15 Exhibit O - Notice of Filing Notice of Removal, #16 Civil Cover Sheet). (Kline, James)
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