Smith v. Celanese International Corporation et al
| Rickie G. Smith |
| Celanese International Corporation, CHR. Hansen, Inc., Givaudan Flavors Corporation, JM Swank, LLC, Symrise, Inc. and John Does |
| 3:2023cv01573 |
| August 11, 2023 |
| US District Court for the Northern District of Ohio |
| Jeffrey J Helmick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 24
Corporate Disclosure Statement identifying Corporate Parent Symrise AG for Symrise, Inc. filed by Symrise, Inc.. (Dengler, Mary)
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Filing 23
Corporate Disclosure Statement identifying Corporate Parent Givaudan, SA, Corporate Parent Givaudan United States, Inc. for Givaudan Flavors Corporation filed by Givaudan Flavors Corporation. (Goderre, Diane)
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Filing 22
Response to #16 Motion to remand to State Court , #17 Motion to remand to State Court Memorandum in Support of Plaintiff's Motion to Remand filed by Givaudan Flavors Corporation. (Attachments: #1 Declaration of Ramundo, #2 Exhibit 1 to Declaration Complaint, #3 Exhibit 2 to Declaration FAC, #4 Exhibit 3 to Declaration Email Ramundo to Burcham, #5 Exhibit 4 to Declaration Email Ramundo to Hall, #6 Exhibit 5 to Declaration Email from Ramundo, #7 Exhibit 6 to Declaration Email from Ramundo, #8 Exhibit 7 to Declaration Email from Ramundo, #9 Exhibit 8 to Declaration Email from Hall, #10 Excerpts from 09/29/2021 Stults deposition, #11 Excerpts from Smith deposition, #12 West Declaration, #13 Excerpts from Culross deposition, #14 06/13/2023 Complaint)(Goderre, Diane)
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Filing 21
Reply in support of #19 Motion for 30-day extension of time to file respond to #6 Defendant Celanese International Corporation's Motion to dismiss Plaintiff's Complaint filed by Rickie G. Smith. (Attachments: #1 Exhibit A - Excerpts of Givaudan Flavors Corporation's Answers and Objections to Plaintiffs' First Set of Interrogatories, #2 Exhibit B - Excerpts of Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-Pentanedione)(Hall, Scott)
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Filing 20
Memorandum in Opposition to #19 Plaintiff's Motion for 30-day extension of time to file respond to #6 Celanese's Motion to dismiss Plaintiff's Complaint (Attachments: #1 Exhibit 1 - Emails, #2 Exhibit 2 - Hamilton County Docket)(Tarney, Tyler)
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Filing 19
Motion for 30-day extension of time to file respond to #6 Defendant Celanese International Corporation's Motion to dismiss Plaintiff's Complaint filed by Plaintiff Rickie G. Smith. (Attachments: #1 Exhibit A - 9/13/23 Email between Plaintiff's counsel, Scott Hall, and Defendant Celanese's counsel,Tyler Tarney, #2 Proposed Order)(Hall, Scott)
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Filing 18
Corporate Disclosure Statement filed by JM Swank, LLC. (Hancock, Thomas)
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Filing 17
Supplement to #16 Motion to remand to State Court Memorandum in Support filed by Plaintiff Rickie G. Smith. (Attachments: #1 Exhibit A - Plaintiffs' Notice of Voluntary Dismissal of All Counts and Claims Against All Defendants, #2 Exhibit B - Givaudan Flavors Corporation's Answers and Objections to Plaintiffs' First Set of Interrogatories, #3 Exhibit C - Return Receipts of Summons on Complaint, #4 Exhibit Exhibit D - July 10, 2023 Letter from Kim Ramundo to Scott Hall)(Hall, Scott)
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Filing 16
Motion to remand to State Court filed by Plaintiff Rickie G. Smith. Related document(s) #1 . (Hall, Scott)
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Order [non-document]granting Defendant Celanese International Corporation's Motion for appearance pro hac vice by attorney Stephanie L. Gase. 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 # #4 , #14 ). Judge Jeffrey J. Helmick on 8/28/2023.(M,SM)
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Order [non-document]granting Defendant Symrise, Inc.'s Motion for appearance pro hac vice by attorney David E. Kawala. 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 # #7 , #11 ). Judge Jeffrey J. Helmick on 8/28/2023.(M,SM)
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Order [non-document] granting Defendant Celanese International Corporation's Motion for appearance pro hac vice by attorney Joseph G. Colao. 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 # #5 , #15 ). Judge Jeffrey J. Helmick on 8/28/2023.(M,SM)
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Order [non-document] granting Defendant Symrise, Inc.'s Motion for appearance pro hac vice by attorney Nicole O'Toole Peterson. 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 # #8 , #12 ). Judge Jeffrey J. Helmick on 8/28/2023.(M,SM)
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Order [non-document] granting Defendant Symrise, Inc.'s Motion for appearance pro hac vice by attorney Ronald L. Wisniewski. 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 # #9 , #13 ). Judge Jeffrey J. Helmick on 8/28/2023.(M,SM)
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Filing 15
Supplement to #5 Motion for attorney Joseph G. Colao to Appear Pro Hac Vice- Declaration for Admission Pro Hac Vice, filed by Celanese International Corporation. (Tarney, Tyler)
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Filing 14
Supplement to #4 Motion for attorney Stephanie L. Gase to Appear Pro Hac Vice- Declaration for Admission Pro Hac Vice filed by Celanese International Corporation. (Tarney, Tyler)
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Filing 13
Supplement to #9 Motion for attorney Ronald L. Wisniewski to Appear Pro Hac Vice- Case Declaration filed by Symrise, Inc. (Dengler, Mary)
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Filing 12
Supplement to #8 Motion for attorney Nicole O'Toole Peterson to Appear Pro Hac Vice- Case Declaration filed by Symrise, Inc. (Dengler, Mary)
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Filing 11
Supplement to #7 Motion for attorney David E. Kawala to Appear Pro Hac Vice- Case Declaration filed by Symrise, Inc. (Dengler, Mary)
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Filing 10
Answer to #1 Complaint filed by JM Swank, LLC. (Hancock, Thomas)
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Filing 9
Motion for attorney Ronald L. Wisniewski to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12139157, filed by Defendant Symrise, Inc.. (Attachments: #1 Affidavit Case Declaration)(Dengler, Mary)
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Filing 8
Motion for attorney Nicole O'Toole Peterson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12139155, filed by Defendant Symrise, Inc.. (Attachments: #1 Affidavit Case Declaration)(Dengler, Mary)
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Filing 7
Motion for attorney David E. Kawala to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12139151, filed by Defendant Symrise, Inc.. (Attachments: #1 Affidavit Case Declaration)(Dengler, Mary)
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Filing 6
Motion to dismiss for lack of jurisdiction , and Motion to dismiss for failure to state a claim filed by Defendant Celanese International Corporation. (Attachments: #1 Exhibit Tyler Tarney Declaration, #2 Exhibit Affidavit of Peggy Munroe)(Tarney, Tyler)
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Filing 5
Motion for attorney Joseph G. Colao to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12137829, filed by Defendant Celanese International Corporation. (Attachments: #1 Exhibit Declaration of Joseph G. Colao)(Tarney, Tyler)
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Filing 4
Motion for attorney Stephanie L. Gase to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12137820, filed by Defendant Celanese International Corporation. (Attachments: #1 Exhibit Declaration of Stephanie Gase)(Tarney, Tyler)
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Notice to Attorney Emily G. Montion. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Scott A. Britton-Mehlisch. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Scott B. Hall. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney David E. Kawala. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Mary McWilliams Dengler. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Nicole O'Toole Peterson. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Ronald L. Wisniewski. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Filing 3
Corporate Disclosure Statement identifying Corporate Parent Celanese Corporation for Celanese International Corporation filed by Celanese International Corporation. (Tarney, Tyler)
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Filing 2
Magistrate Consent Form issued. (H,JL)
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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 Darrell A. Clay. (H,JL)
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Notice by Clerk that Celanese International Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,JL)
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Judge Jeffrey J. Helmick assigned to case. (S,DM)
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Filing 1
Notice of Removal from Marion County Common Pleas Court, case number 2023 CV 0266 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-12129043.. Filed by Celanese International Corporation. (Attachments: #1 Exhibit A - 2018 Complaint, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Plfs' Motion for Extension of Time, #4 Exhibit D - Suggestion of Death, #5 Exhibit E - Summons and Current Complaint, #6 Exhibit F - Givaudan Answer to Complaint, #7 Exhibit G - State Court Docket and other pleadings, #8 Exhibit H - Givaudan Memo in Opp, #9 Exhibit I - Dismissal of Def Chr. Hansen, Inc., #10 Civil Cover Sheet) (Tarney, Tyler)
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