CAPP et al v. FOSTER WHEELER COMPANY et al
| MICHAEL CAPP and CREIGHTON E MILLER |
| FOSTER WHEELER COMPANY, COMBUSTION ENGINEERING, INC., OWENS-CORNING FIBERGLAS CORP., WESTINGHOUSE ELECTRIC CORP., GENERAL ELECTRIC COMPANY, A-C PRODUCT LIABILITY TRUST, A. P. GREEN INDUSTRIES, INC., ACMC, ACANDS, INC., ACORN IRON & SUPPLY CO., ANCHOR PACKING COMPANY, ARGO INTERNATIONAL CORPORATION, ARMSTRONG WORLD INDUSTRIES, INC., AUBURN MFG. CO., AURORA PUMP DIVISION OF GENERAL SIGNAL CORP., BETHLEHEM STEEL CORP., BRYAN STEAM CORP., CERTAINTEED CORPORATION, CHAMPION INTERNATIONAL CORPORATION, A. W. CHESTERTON COMPANY, COFFIN PUMP, INC., COLTEC INDUSTRIES, INC., ALFRED CONHAGEN, INC., CRANE COMPANY, CROSBY STEAM AND VALVE COMPANY, CROWN CORK & SEAL CO., INC., DANA CORP., DOVER RESOURCES, INC., DURABLA MANUFACTURING CO., DURAMETALLIC CORPORATION, EG&G SEALOL, INC., ELLICOTT MACHINE CORP., ELLIOTT TURBOMACHINERY CO., INC., ERNST GAGE CO., EVERLASTING VALVE CO., EXCELSIOR, INC., FKI INDUSTRIES, INC., FEDERAL-MOGUL CORPORATION, FEL-PRO INCORPORATED, FELT PRODUCTS, INCORPORATED, FLEXITALLIC, INC., FLINTKOTE CO., FORD MOTOR COMPANY, GAF CORPORATION, GATKE CORPORATION, GENERAL CABLE COMPANY, GENERAL REFRACTORIES CO., GOODALL RUBBER CO., B.F. GOODRICH, GOODYEAR TIRE & RUBBER COMPANY, GOULDS PUMPS, INC., GREENE TWEED & CO., GULF ENGINEERING COMPANY, INC., HAJOCA CORP., HARBISON-WALKER REFRACTORIES GROUP-DRESSER, HOME RUBBER COMPANY, IMO INDUSTRIES, INC., INDIAN HEAD INDUSTRIES, INC., INGERSOLL-DRESSER PUMP, INGERSOLL-RAND CORPORATION, JAMES WALKER MFG. CO., JANOS INDUSTRIAL INSULATION CORP., JOHN CRANE, INC., ROBERT A. KEASBEY COMPANY, LA FAVORITE INDUSTRIES, INC., LUNKENHEIMER CO., LYKES BROS. STEAMSHIP CO. INC., MELRATH GASKET, INC., MORTELL COMPANY, NOLAND COMPANY, NORTH AMERICAN REFRACTORIES CO., NORTON CO., OKONITE CO., OWENS-ILLINOIS, INC., PPG INDUSTRIES, INC., PECORA CORP., PHOENIX SPECIALTY MANUFACTURING CO., INC., PILOT PACKING CO., INC., PITTSBURGH CORNING CORPORATION, PLIBRICO COMPANY, PREFERRED UTILITIES MFG. CORP., QUAKER CONSTRUCTION PRODUCTS, INC., QUAKER RUBBER COMPANY, QUIGLEY CO., INC., RHOPAC INC., ROCKBESTOS COMPANY, SEA-RO PACKING CO., INC., SHERWIN-WILLIAMS CO., SHOOK & FLETCHER INSULATION CO., SIKA CORPORATION, SKINNER ENGINE COMPANY, INC., T & N INDUSTRIES, INC., W. S. TYLER INCORPORATED, USX CORPORATION, UNION CARBIDE CORP., UNIROYAL CHEMICAL CO., UNITED STATES GYPSUM COMPANY, VELLUMOID, INC., VIKING PUMP, INC., HENRY VOGT MACHINE CO., WALWORTH CO., WARREN PUMPS, INC., ZIMMERMAN PACKING & MFG., INC., A.B. BOYD CO., BLACK & DECKER CORPORATION, AMER FOREIGN SS CORP, AMERICAN PRESIDENT LINES LTD., AMERICAN SOUTH AFRICAN LINES, FIBREBOARD CORPORATION, GARLOCK, INC., INTERNATIONAL FREIGHTING COMPANY, MARINE TRANSPORT LINES INC., NATIONAL BULK CARRIERS INC., SELBY BATTERSBY AND CO., UNION OIL COMPANY OF CALIFORNIA, WORTHINGTON PUMP, INC. and UNITED FRUIT COMPANY |
| BRUCE LASSMAN, ESQ. |
| BABCOCK & WILCOX COMPANY and TODD SHIPYARDS |
| 2:2011cv30215 |
| January 24, 2011 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| EDUARDO C ROBRENO |
| P.I. : Asbestos |
| 46 U.S.C. § 0688 Jones Act |
| Defendant |
Docket Report
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| Filing 121 Copy of Conditional Remand Order from the Judicial Panel on Multidistrict Litigation that all claims in the actions on this order be remanded to their respective transferor courts. (See Paper No. 4700 in 02-md-875).(ahf) |
Filing 120
ORDER THAT THE COURT SUGGESTS THAT THE CASES LISTED IN EXHIBIT "A" ATTACHED, BE REMANDED TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO FOR RESOLUTION OF ALL MATTERS PENDING WITHIN EACH CASE. IT IS FURTHER ORDERED THAT ALL VIABLE (NON-BANKRUPT) DEFENDANTS WHO ARE NOT IDENTIFIED IN EXHIBIT "B" AS A PENDING DEFENDANT IN EACH CASE ARE DISMISSED FROM THE RESPECTIVE CASE(S). SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/15/2014. 12/19/2014 ENTERED AND COPIES MAILED, AND E-MAILED.(uh, )
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Filing 119
STIPULATION AND ORDER DISMISSING ALL LAWSUITS IN THE ASBESTOS MDL MARITIME DOCKET FILED BY THE JAQUES ADMIRALTY FIRM AGAINST JAMES WALKER MANUFACTURING COMPANY ONLY. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/17/2014. 11/19/2014 ENTERED AND COPIES MAILED, E-MAILED.(jmg, )
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Filing 118
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE CERTAIN PLAINTIFFS' CLAIMS AGAINST VARIOUS DEFENDANTS PURSUANT TO RULE 41(a)(2). SEE EXHIBIT A. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/4/14. 11/5/14 ENTERED AND COPIES E-MAILED. (va, )
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Filing 117
ORDER THAT A FINAL PRE-REMAND CONFERENCE IN THE CASE LISTED IN EXHIBIT "A," ATTACHED, WILL BE HELD ON 11/18/2014 AT 3:30 P.M. IN COURTROOM 15A. ADDITIONAL INFORMATION CONTAINED HEREIN. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/24/2014. (Attachments: #1 Certificate of Service) 10/29/2014 ENTERED AND COPIES MAILED, E-MAILED.(jmg, )
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| Filing 116 PLAINTIFFS' MOTION TO DISMISS WITHOUT PREJUDICE CERTAIN PLAINTIFFS' CLAIMS AGAINST VARIOUS DEFENDANTS, CERTIFICATE OF SERVICE INCLUDED. (Attachments: #1 Text of Proposed Order)(jmg, ) |
| Filing 115 PLAINTIFF'S AMENDED RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE OF SEPTEMBER 19, 2014 by WILLARD E. BARTEL. (va, ) |
| Filing 114 PLAINTIFFS' RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE OF SEPTEMBER 19, 2014. CERTIFICATE OF SERVICE. (jmg, ) |
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Filing 113
ORDER THAT A RULE IS ISSUED FOR PLAINTIFFS IN THE CASES LISTED IN EXHIBIT A TO SHOW CAUSE WHY THEIR CASES SHOULD NOT BE DISMISSED OR REMANDED TO THE TRANSFEROR COURT. PLAINTIFFS' COUNSEL SHALL PROVIDE A WRITTEN STATUS REPORT TO THE COURT, AS OUTLINED HEREIN, NO LATER THAN 10/17/2014. FAILURE TO PROVIDE A STATUS UPDATE MAY RESULT IN THE DISMISSAL OF THE CASE FOR LACK OF PROSECUTION. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/18/2014. 9/22/2014 ENTERED AND COPIES E-MAILED.(jmg, )
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Filing 112
STIPULATION AND ORDER THAT ALL OF PLAINTIFF'S CLAIMS ARE HEREBY VOLUNTARILY DISMISSED, WITH PREJUDCIE AND WITHOUT CONSIDERATION, IN THEIR ENTIRETY AGAINST FORD MOTOR COMPANY ONLY, EACH PARTY TO BEAR ITS OWN COSTS. THE COURT WILL PLEASE TAKE NOTICE THAT, AS A RESULT OF THE FOREGOING STIPULATION FOR VOLUNTARY DISMISSAL AND PRIOR DISMISSALS, THE "MOTION FOR SUMMARY JUDGMENT (LACK OF CAUSATION) OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP" (DOC. NO. #68 , 10/29/13) IS NOW MOOT. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/27/14. 8/29/14 ENTERED AND COPIES E-MAILED.(va, )
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| Filing 111 Report Of Joint Report Of The Parties In Response To The Courts Show Cause Order Regarding Certain Motions (Filed in, e.g., Case No. 2:10-cv-30041, Doc. No. 127, 08/20/14) by FORD MOTOR COMPANY. (Attachments: #1 Attachment 1 - Case List)(HENDERSON, HAROLD) |
| Filing 110 STIPULATION of Dismissal by FORD MOTOR COMPANY. (HENDERSON, HAROLD) *FORWARDED TO JUDGE FOR APPROVAL* Modified on 8/28/2014 (lisad, ). |
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Filing 109
ORDER THAT A RULE IS ISSUED FOR PLAINTIFFS AND DEFENDANTS IN THE CASES LISTED IN EXHIBIT "A" TO SHOW CAUSE WHY THE LISTED MOTIONS SHOULD NOT BE GRANTED AS UNOPPOSED (IN THE CASE OF EACH PLAINTIFF) OR DENIED WITH PREJUDICE (IN THE CASE OF EACH DEFENDANT). IT IS FURTHER ORDERED THAT COUNSEL FOR PLAINTIFFS AND DEFENDANTS SHALL PROVIDE A WRITTEN REPORT TO THE COURT INDICATING WHETHER EACH MOTION FALLS INTO ONE (1) OF FOUR (4) CATEGORIES; ETC.. IT IS FURTHER ORDERED THAT FAILURE TO PROVIDE A REPORT MAY RESULT IN THE IMPOSITION OF SANCTIONS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/19/2014. 8/20/2014 ENTERED AND COPIES E-MAILED. (ems)
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Filing 108
ORDER THAT THE MOTIONS FOR JUDGMENT ON THE PLEADINGS, LISTED IN EXHIBIT "A," ARE GRANTED, AND THE CLAIMS FOR PUNITIVE DAMAGES ADDRESSED BY THOSE MOTIONS ARE DISMISSED. IN ALL ACTIONS THAT ARE NOT WRONGFUL DEATH OR SURVIVAL ACTIONS, PLAINTIFFS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT, IF APPROPRIATE, BY 9/12/2014. (Attachments: #1 Certificate of Service) (SEE 02-MD-875, DOC. NO. 4453 FOR FULL EXHIBIT "A" CASE LIST) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/12/2014. 8/13/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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Filing 107
STIPULATION AND ORDER THAT ALL OF THE PLAINTIFFS' CLAIMS IDENTIFIED ON THE ATTACHED CASE LIST - EXHIBIT A - ARE HEREBY VOLUNTARILY DISMISSED WITHOUT PREJUDICE AGAINST DEFENDANT, JOHN CRANE INC., WITH EACH PARTY TO BEAR ITS OWN COSTS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/18/2014. 7/23/2014 ENTERED AND COPIES E-MAILED. (ems)
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| Filing 106 STIPULATION of Dismissal (And Order) For Voluntary Dismissal of Certain Plaintiffs' Claims Against John Crane Inc. Only by JOHN CRANE, INC.. (Attachments: #1 Exhibit A)(DANIELS, STEPHEN) |
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Filing 105
ORDER THAT A HEARING CONSISTING OF ORAL ARGUMENT ON THE DISPOSITIVE MOTIONS LISTED IN EXHIBIT "A," ATTACHED, WILL BE HELD ON TUESDAY 7/22/14 AT 2:00PM IN COURTROOM 15A. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/25/14. 6/26/14 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 104
ORDER THAT ONLY THE DEFENDANTS ON THE ATTACHED EXHIBIT A ARE HEREBY DISMISSED WITHOUT PREJUDICE FROM THE MATTERS LISTED ON THE ATTACHED EXHIBIT A. PLAINTIFFS' MOTION TO DISMISS WITHOUT PREJUDICE CERTAIN PLAINTIFFS' CLAIMS AGAINST VARIOUS DEFENDANTS IS GRANTED.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/9/14. 6/11/14 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 103
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF DEFENDANT UNION OIL CO. OF CALIFORNIA, ONLY, EACH PARTY TO BEAR ITS OWN COSTS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/22/2014. 5/28/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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Filing 102
ORDER THAT THE PLAINTIFFS' CLAIMS ARE DISMISSED AS TO DEFENDANT CRANE CO. WITH PREJUDICE, PURSUANT TO AGREEMENT OF COUNSEL.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/14/14. 4/15/14 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 101
ORDER THAT PLAINTIFFS' COUNSEL SHALL, BY 4/10/2014, SUBMIT A STATEMENT TO THE COURT ASSERTING: (1) WHICH MOTIONS ON THE LIST THEY ARE NOT OPPOSING; OR, IF THE MOTIONS WERE OPPOSED, (2) THE DATE THE RESPONSE WAS FILED AND THE AFFILIATED CASE AND DOCKET NUMBERS. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 3/25/2014. 3/25/2014 ENTERED AND COPIES E-MAILED. (SEE PAPER # 4222 IN 02-MD-875 FOR COMPLETE DOCUMENT PDF) (ems)
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| Filing 100 NOTICE OF FILING CORRECTED ATTACHMENT A TO DEFENDANT MARINE TRANSPORT LINES, INC.'S RULE 12(b) MOTION TO DISMISS (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) (Attachments: #1 ATTACHMENT A) (aeg, ) |
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Filing 99
ORDER THAT THE MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION LISTED IN EXHIBIT 'A' ARE GRANTED AND THE DEFENDANTS WHO FILED THE MOTIONS ARE DISMISSED FROM THE CASES. THE MOTIONS TO DISMISS DUE TO IMPROPER SERVICE OF PROCESS LISTED IN EXHIBIT 'B' ARE DENIED. (SEE PAPER NO. 4196 ON 02-MD-875 FOR COMPLETE DOCUMENT PDF) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/11/2014. 3/12/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 98 MEMORANDUM IN SUPPORT OF ORDER RE: THE MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION LISTED IN EXHIBIT 'A' AND THE MOTIONS TO DISMISS DUE TO IMPROPER SERVICE OF PROCESS LISTED IN EXHIBIT 'B'. (SEE PAPER NO. 4195 ON 02-MD-875 FOR COMPLETE DOCUMENT PDF) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/11/2014. 3/12/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, ) |
| Filing 97 PLAINTIFFS' COMBINED RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT AMERICAN PRESIDENT LINES, LTD. INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO AMERICAN MAIL LINE AND DOLLAR STEAMSHIP LINES'S MOTION TO DISMISS. (aeg, ) |
| Filing 96 NOTICE OF FILING CORRECTED ATTACHMENT A TO DEFENANT AMERICAN PRESIDENT LINES, LTD. INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO AMERICAN MAIL LINE AND DOLLAR STEAMSHIP LINES, SOMETIMES INCORRECTLY NAMED DOLLAR LINE'S RULE 12(b) MOTION TO DISMISS (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) (Attachments: #1 Attachment A) (aeg, ) |
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Filing 95
ORDER THAT A HEARING CONSISTING OF ORAL ARGUMENT ON THE MOTIONS LISTED IN EXHIBIT "A", ATTACHED, WILL BE HELD ON 2/27/2014 AT 10:00 A.M. IN COURTROOM 15A, JAMES A. BYRNE UNITED STATES COURTHOUSES, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA 19106. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/5/2014. 2/5/2014 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER NO. 4040 ON 02-MD-875 FOR CASE LIST) (ems)
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| Filing 94 REPLY to Response to Motion re #68 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP filed by AMERICAN PRESIDENT LINES LTD., AMERICAN SOUTH AFRICAN LINES, FORD MOTOR COMPANY, UNITED FRUIT COMPANY. (Attachments: #1 Exhibit 1 - Shipowner Defendants, #2 Exhibit 2 - Murbach Study, #3 Exhibit 3 - Cohen Decl. and Report, #4 Exhibit 4 - Plaintiffs' Letter)(DIRKS, SUSAN) |
| Filing 93 REPLY to Response to Motion re #70 MOTION for Summary Judgment Lack of Causation filed by NATIONAL BULK CARRIERS INC.. (GLENN, KATHERINE) |
| Filing 92 PLAINTIFFS' RESPONSE TO CERTAIN SHIPOWNER DEFENDANTS' MOTIONS TO DISMISS BASED UPON ALLEGED INSUFFICIENCY OF SERVICE OF PROCESS. Memorandum, Certificate of Service, Exhibits. (ems) |
| Filing 91 SUPPLEMENTAL REPLY BRIEF OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP IN RESPONSE TO "PLAINTIFFS' SUPPLEMENTAL OPPOSITION" (DOC. NO. 3701, 12/9/13) AND IN SUPPORT OF MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION. Certificate of Service, Attachments. (SEE 02-MD-875 #3893 FOR FULL LIST OF EXHIBITS) (ems) |
| Filing 90 RESPONSE in Opposition re #69 MOTION for Summary Judgment (Lack of Causation Due to No Product ID), #68 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP, #70 MOTION for Summary Judgment Lack of Causation, #66 MOTION for Summary Judgment filed by MICHAEL CAPP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(HURST, JOHN) |
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Filing 89
MOTION AND ORDER THAT THE DEFENDANTS' MOTION TO EXTEND TIME TO FILE CERTAIN GROUP 6 DISPOSITIVE MOTIONS [DOC. 3496] IS GRANTED AS UNOPPOSED. DEFENDANTS ARE GRANTED AN EXTENSION THROUGH 11/14/13 TO FILE SUMMARY JUDGMENT MOTIONS BASED UPON LACK OF CAUSATION AND THE STATUE OF LIMITATIONS IN THE ATTACHED GROUP 6 CASES.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 12/30/13. (Attachments: # 1 Exhibit motion) 1/7/14 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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| Filing 88 REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OF DEFENDANT FARRELL LINES INCORPORATED, F/K/A AMERICAN SOUTH AFRICAN LINES, INC. ON ITS OWN BEHALF AND AS SUCCESSOR IN INTEREST TO AMERICAN EXPORT LINES, INC. F/K/A AMERICAN EXPORT ISBRANDTSEN, INC., SOMETIMES INCORRECTLY NAMED AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT INDUSTRIES, OR AMERICAN EXPORT TRANSPORT INC. (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) [DOC. NO. 3431, 11/5/13] (Attachments: #1 CASE LIST, #2 CASE LIST CONT.)(dp, ) |
| Filing 87 REPLY BRIEF IN SUPPORT OF CRANE CO.'S MOTION IN LIMINE TO EXCLUDE THE "EACH AND EVERY EXPOSURE" OPINION. Certificate of Service. (ems) |
| Filing 86 REPLY to Response to Motion re #75 MOTION to Dismiss for Lack of Jurisdiction filed by NATIONAL BULK CARRIERS INC.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(GLENN, KATHERINE) |
| Filing 85 REPLY BRIEF IN SUPPORT OF RULE 12(b) MOTION TO DISMISS OF CERTAIN SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP (INSUFFICIENCY OF SERVICE OF PROCESS) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(dp, ) |
| Filing 84 REPLY BRIEF IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING PLAINTIFFS' PUNITIVE DAMAGES CLAIMS OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP [DOC.NO. 3446, 11/6/13] (Attachments: #1 CASE LIST)(dp, ) |
| Filing 83 REPLY to Response to Motion re #71 MOTION for Judgment on the Pleadings Regarding Plaintiffs' Claims for Punitive Damages filed by NATIONAL BULK CARRIERS INC.. (GLENN, KATHERINE) |
| Filing 82 PLAINTIFFS' COMBINED RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT FARRELL LINES INCORPORATED MOTION TO DISMISS. Certificate of Service. (ems) |
| Filing 81 RESPONSE in Opposition re #75 MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL CAPP. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X)(HURST, JOHN) |
| Filing 80 PLAINTIFFS' RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT CRANE CO.'S MOTION IN LIMINE TO EXCLUDE THE "EACH AND EVERY EXPOSURE" OPINION TESTIMONY. CERTIFICATE OF SERVICE. (SEE 02-MD-875 DOC. NO. 3599 FOR COMPLETE DOCUMENT PDF)(dp, ) |
| Filing 79 GROUP 6 PLAINTIFFS' RESPONSE TO VARIOUS SHIPOWNER DEFENDANTS' MOTIONS FOR JUDGMENT ON THE PLEADINGS REGARDING PLAINTIFFS' PUNITIVE DAMAGES CLAIMS. CERTIFICATE OF SERVICE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(dp, ) |
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Filing 78
ORDER THAT THE COURT PRECLUDES THE USE OF ANY CO-WORKER TESTIMONY AND/OR "SWORN STATEMENTS" IN ANY GROUP 6 ACTION FOR THOSE CO-WORKERS WHO WERE NOT IDENTIFIED OR DESIGNATED UNTIL AFTER THE 4/9/13 FACT DISCOVERY END DATE FOR GROUP 6. PRECLUDES THE USE OF CO-WORKER TESTIMONY AND/OR "SWORN STATEMENTS" IN ANY GROUP 6 ACTION FOR ALL CO-WORKERS WHO WERE DESIGNATED, AS OF THE 4/9/13 FACT DISCOVERY END DATE FOR GROUP 6, AS BEING DECEASED, NOT AVAILABLE FOR DEPOSITION, OR THAT PLAINTIFFS "WILL SUPPLEMENT" REQUIRED CO-WORKER INFORMATION. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 11/13/13. 11/14/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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| Filing 77 PLAINTIFFS' RESPONSE AND OPPOSITION TO CERTAIN SHIPOWNER DEFENDANTS' MOTION TO PRECLUDE USE BY PLAINTIFFS OF CERTAIN CO-WORKER EVIDENCE AND TESTIMONY IN GROUP 6. CERTIFICATE OF SERVICE(dp, ) |
| Filing 76 MOTION IN LIMINE TO EXCLUDE THE "EACH AND EVERY EXPOSURE" OPINION filed by CRANE COMPANY. CERTIFICATE OF SERVICE. (Attachments: #1 Case List) (SEE 02-MD-875, DOC. NO. 3498, FOR FULL LIST OF EXHIBITS) (aeg, ) |
| Filing 75 MOTION to Dismiss for Lack of Jurisdiction filed by NATIONAL BULK CARRIERS INC..Memorandum, Declarations, Certificate of Service. (Attachments: #1 Declaration Weiss, #2 Declaration Crabtree, #3 Declaration Glenn Part 1, #4 Declaration Glenn Part 2, #5 Text of Proposed Order)(LAUTMANN, DENISE) |
| Filing 74 MOTION for Summary Judgment (Statute of Limitations) filed by AMERICAN PRESIDENT LINES LTD., AMERICAN SOUTH AFRICAN LINES, MARINE TRANSPORT LINES INC., UNITED FRUIT COMPANY.Certificate of Service. (Attachments: #1 A: Case List, #2 Declaration, #3 Order, #4 Text of Proposed Order)(HENDERSON, HAROLD) |
| Filing 73 MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING PLAINTIFFS' PUNITIVE DAMAGES CLAIMS OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP. (Attachments: #1 ORDER, #2 Exhibit A)(dp, ) Modified on 11/15/2013 (aeg, ). |
| Filing 72 RULE 12(b) MOTION TO DISMISS OF DEFENDANT FARRELL LINES INCORPORATED, F/K/A AMERICAN SOUTH AFRICAN LINES, INC., ON ITS OWN BEHALF AND AS SUCCESSOR IN INTEREST TO AMERICAN EXPORT LINES, INC., F/K/A AMERICAN EXPORT ISBRANDTSEN LINES, INC., SOMETIMES INCORRECTLY NAMED AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT INDUSTRIES, OR AMERICAN EXPORT TRANSPORT INC. LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS. CERTIFICATE OF SERVICE. (SEE 02-MD-875 DOC. NO.3431 FOR COMPLETE DOCUMENT PDF)(dp, ) Modified on 11/6/2013 (lisad, ). |
| Filing 71 MOTION for Judgment on the Pleadings Regarding Plaintiffs' Claims for Punitive Damages filed by NATIONAL BULK CARRIERS INC..Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order)(GLENN, KATHERINE) |
| Filing 70 MOTION for Summary Judgment Lack of Causation filed by NATIONAL BULK CARRIERS INC..Memorandum, Declaration, Certificate of Service. (Attachments: #1 Declaration Glenn, #2 Text of Proposed Order)(GLENN, KATHERINE) |
| Filing 69 MOTION for Summary Judgment (Lack of Causation Due to No Product ID) filed by JOHN CRANE, INC..Certificate of Service.(DANIELS, STEPHEN) |
| Filing 68 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP filed by AMERICAN PRESIDENT LINES LTD., AMERICAN SOUTH AFRICAN LINES, FORD MOTOR COMPANY, UNITED FRUIT COMPANY.Certificate of Service. (Attachments: #1 Attachment A - Shipowner Defendants, #2 Attachment B - Riemer Declaration, #3 Text of Proposed Order)(DIRKS, SUSAN) |
| Filing 67 MOTION OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP TO PRECLUDE USE BY PLAINTIFFS OF CERTAIN CO-WORKER EVIDENCE AND TESTIMONY IN GROUP 6. CERTIFICATE OF SERVICE (Attachments: #1 ORDER, #2 CASE LIST)(dp, ) Modified on 11/12/2013 (aeg, ). |
| Filing 66 MOTION for Summary Judgment filed by CRANE COMPANY.Memorandum in Support of Motion, Text of Proposed Order, with Certificate of Service.(ZUKOWSKI, MICHAEL) |
| Filing 65 PLAINTIFFS' COMBINED RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS AMERICAN PRESIDENT LINES, LTD'S MOTION TO DISMISS, CERTIFICATE OF SERVICE.(jl, ) |
| Filing 64 PLAINTIFFS' COMBINED RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT MARINE TRANSPORT LINES' MOTION TO DISMISS. Certificate of Service, Exhibit. (ems) |
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Filing 63
ORDER THAT CRANE CO.'S MOTION IS GRANTED. CRANE CO.'S CASE-SPECIFIC EXPERT REPORTS FROM DR. ROGGLI AND DR. PETER BARRETT SHALL BE DUE FORTY-FIVE DAYS AFTER RECEIPT OF THE PATHOLOGY AND RADIOLOGY.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/24/13. 7/25/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 62
ORDER GRANTING MOTION FOR EXTENSION OF TIME ON BEHALF OF CERTAIN SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP TO PRODUCE CERTAIN EXPERT REPORTS FOR GROUP 6 ALLEGED LUNG CANCER CASES. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/23/2013. (Attachments: #1 Case List, #2 Certificate of Service) 7/24/2013 ENTERED AND COPIES MAILED AND E-MAILED.(stwe, )
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Filing 61
ORDER THAT THE MOTIONS IS GRANTED AS FOLLOWS. AS TO CO-WORKERS WHO WERE DESIGNATED AS OF GROUP 3'S FACT DISCOVERY END DATE AS NOT BEING AVAILABLE FOR DEPOSITION OR THAT PLAINTIFFS "WILL SUPPLEMENT" REQUIRED CO-WORKER INFORMATION, AND AS TO CO-WORKERS WHO WERE NOT IDENTIFIED OR DESIGNATED AS WITNESSES UNTIL AFTER THE FACT DISCOVERY CLOSED IN GROUP 3, PLAINTIFFS ARE PRECLUDED FROM USING SUCH CO-WORKER'S STATEMENT OR TESTIMONY AS TO CASES IN GROUP 3. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/23/13. 7/24/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 60
ORDER THAT THE MOTION OF CERTAIN DEFENDANTS TO EXTEND TIME FOR SERVICE OF CERTAIN EXPERT REPORTS IN GROUP 6, FILED BY COUGHLIN DUFFY LLP ON THE INDIVIDUAL DOCKETS IN EXHIBIT A ON 7/3/13, AND TO WHICH NO OPPOSITIONHAS BEEN FILED, IS GRANTED.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/23/13. 7/24/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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| Filing 59 REPLY BRIEF IN SUPPORT OF RULE 12b MOTION TO DISMISS OF DEFENDANT MARINE TRANSPORT LINES, INC. (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) [DOC.NO. 1925, 11/15/12] (Attachments: #1 Exhibit 1, #2 Exhibit 2)(dp, ) |
| Filing 58 CRANE CO.'S MOTION TO EXTEND TIME FOR SERVICE OF EXPERT REPORTS (Attachments: #1 Exhibit)(dp, ) |
| Filing 57 MOTION TO EXTEND TIME FOR SERVICE OF CERTAIN GROUP 6 EXPERT REPORTS(dp, ) |
| Filing 56 MOTION FOR EXTENSION OF TIME FOR CERTAIN DEFENDANT EXPERT REPORTS FOR GROUP 6 ALLEGED LUNG CANCER CASES. CERTIFICATE OF SERVICE. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(dp, ) |
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Filing 55
ORDER THAT IN ADDITION TO THE CASES LISTED IN THE COURT'S ORIGINAL ORDER, THE MOTIONS ARE ALSO GRANTED IN THE CASES LISTED ON THE ATTACHED SCHEDULE. AS SET FORTH IN THE COURT'S ORDER OF 5/21/13 (DOC.2338), PLAINTIFFS HAVE NOT PROVIDED ANY REASON FOR NOT BEING ABLE TO MEET THE APPLICABLE FACT DISCOVERY DEADLINES. THEREFORE, AS TO CO-WORKERS WHO WERE DESIGNATED AS OF A GROUP'S FACT DISCOVERY END DATE AS NOT BEING AVAILABLE FOR DEPOSITION OF THAT PLAINTIFFS "WILL SUPPLEMENT" REQUIRED CO-WORKER INFORMATION, PLAINTIFFS ARE PRECLUDED FOR USING SUCH CO-WORKER'S STATEMENT OR TESTIMONY AS TO CASES IN THAT GROUP.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 6/14/13. 6/17/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 54
MOTION AND ORDER THAT PLAINTIFFS' COUNSEL FILED WITH THIS COURT A MOTION TO EXTEND TIME FOR PLAINTIFFS TO RESPOND TO CAUSATION MOTIONS FILED IN GROUP 2-7 CASE (DOC.2321 IN 02-875). AFTER DUE CONSIDERATION, AND BEING ADVISED DEFENDANTS DO NOT OBJECT, PLAINTIFFS' MOTION IS GRANTED. IT IS THEREFORE, ORDERED THAT PARAGRAPH 2 THIS COURT'S ORDER OF 5/3/13 [DOCKET NO. 2240] IS AMENDED TO READ AS FOLLOWS: "2. EXCEPT AS TO MOTIONS ALLEGING A LACK OF EVIDENCE OF CAUSATION, THE MOTIONS SCHEDULE IS UNCHANGED IN GROUP 2 AND IS EXTENDED IN THE OTHER GROUPS AS OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 5/22/13. (Attachments: #1 CASE LIST, #2 CERTIFICATE OF SERVICE) 5/23/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 53
ORDER THAT THE SCHEDULE IN THESE MATTERS IS AMENDED AS FOLLOWS: THE DISCOVERY SCHEDULE IS AMENDED IN GROUP 7 AS FOLLOWS: PLAINTIFF'S EXPERT REPORTS ARE DUE 7/12/2013; DEFENSE EXPERT REPORTS ARE DUE 9/3; AND PLAINTIFF'S REBUTTAL REPORTS ARE DUE 10/3/2013. THE DISCOVERY SCHEDULE IN ALL OTHER GROUPS IS UNAFFECTED BY THIS ORDER. THE MOTIONS SCHEDULE IS UNCHANGED IN GROUP 2 AND IS EXTENDED IN THE OTHER GROUPS, AS FOLLOWS - SEE ATTACHED. (Attachments: #1 Case List, #2 Certificate of Service) SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 5/3/2013. 5/7/2013 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 52 REPLY BRIEF IN SUPPORT OF RULE 12(b) MOTION TO DISMISS OF DEFENDANT AMERICAN PRESIDENT LINES, LTD. (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS). Certificate of Service, Exhibits. (ems) |
| Filing 49 DEFENDANT NATIONAL BULK CARRIERS, INC.'S SECOND MASTER ANSWER TO PLAINTIFFS' STANDARD FORM PERSONAL INJURY COMPLAINT; AFFIRMATIVE DEFENSES; AND ANSWER TO CROSS-CLAIMS, with JURY DEMAND, CERTIFICATE OF SERVICE.(stwe, ) |
| Filing 51 DEFENDANT NATIONAL BULK CARRIERS, INC.'S SECOND MASTER ANSWER TO PLAINTIFFS' STANDARD FORM WRONGFUL DEATH COMPLAINT; AFFIRMATIVE DEFENSES; AND ANSWER TO CROSS-CLAIMS. JURY DEMAND. CERTIFICATE OF SERVICE.(dp, ) |
| Filing 50 NATIONAL BULK CARRIERS, INC.'S SECOND MASTER ANSWER TO PLAINTIFFS' STANDARD FORM WRONGFUL DEATH COMPLAINT; AFFIRMATIVE DEFENSES; AND ANSWER TO CROSS-CLAIMS.(kp, ) |
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Filing 48
ORDER THAT NO LATER THAN 2/4/2013, DEFENDANTS SHALL SUBMIT A CORRECTED LIST OF PLAINTIFFS IN GROUP 4 TO BE DISMISSED AS OUTLINED HEREIN. PLAINTIFFS HAVE UNTIL 2/25/2013 TO RESPOND BY FILING "OBJECTIONS TO AMENDED GROUP 1 DISMISSAL LIST" ON THE MARDOC DOCKET AND APPLICABEL INDIVIDUAL DOCKETS; ETC.. THE PARTIES SHALL FOLLOW THE SAME PROCEDURES WITH RESPECT TO GROUPS 5-7 WITH GROUP 5 LISTS DUE BY 4/4/2013 AND PLAINTIFFS' OBJECTIONS DUE BY 4/25/2013. AS TO GROUPS 6-7, LISTS ARE DUE 6/12/2013 AND PLAINTIFFS' OBJECTIONS DUE 7/3/2013. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/8/2013. 1/10/2013 ENTERED AND COPIES MAILED AND E-MAILED. (ems)
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Filing 47
ORDER THAT DEFENDANT, ELLIOTT TURBOMACHINERY COMPANY, IS HEREBY DISMISSED WITHOUT PREJUDICE AS TO THE CLAIMS OF SAID PLAINTIFFS, WITH EACH PARTY TO BEAR ITS OWN COSTS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/7/2013. 1/9/2013 ENTERED AND COPIES MAILED AND E-MAILED. (ems)
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| Filing 46 DEFENDANT CROWN CORK & SEAL COMPANY, INC.'S INITAL DISCLOSURE-GROUP 6(TOWING). CERTIFICATE OF SERVICE (Attachments: #1 CASE LIST)(dp, ) |
| Filing 45 MOTION TO DISMISS OF DEFENDANT AMERICAN PRESIDENT LINES, LTD. INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO AMERICAN MAIL LINE AND DOLLAR STEAMSHIP LINES, SOMETIMES INCORRECTLY NAMED DOLLAR LINES (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(amas) |
| Filing 44 MOTION TO DISMISS OF DEFENDANT MARINE TRANSPORT LINES, INC. (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(amas) |
| Filing 43 INITIAL DISCLOSURE OF DEFENDANTS UNION OIL COMPANY OF CALIFORNIA D/B/A UNOCAL (ALSO ERRONEOUSLY SUED AS UNION OIL CO. OF CALIFORNIA, UNION OIL COMPANY, PURE OIL CO. AND THE PURE OIL CO.), THE PURE OIL CORPORATION (ERRONEOUSLY SUED AS PURE OIL CORPORATION), AND WEST COAST SHIPPING COMPANY FOR MARDOC GROUP 6 CASES. (Attachments: #1 CASE LIST)(amas) |
| Filing 42 NOTICE OF ATTORNEY NAME CHANGE, FIRM NAME CHANGE AND NOTICE OF APPEARANCE OF DENISE SAVOIE LAUTMANN, ESQ., AND KATHERINE L. GLENN, ESQ., AND LAUTMANN & GLENN LLP ON BEHALF OF DEFENDANTS NATIONAL BULK CARRIERS, INC.; AMERICAN HAWAIIAN SHIPPING COMPANY; AND UNIVERSE TANKSHIPS, INC. IN REGARD TO THE CASES LISTED IN EXHIBIT A, ATTACHED. CERTIFICATE OF SERVICE. (aeg, ) |
| Filing 41 NOTICE OF SUBSTITUTION OF COUNSEL AND WITHDRAWAL OF APPEARANCE FOR DEFENDANT NATIONAL BULK CARRIERS, INC.(jaa, ) |
| Filing 40 CORRECTED MEMORANDUM (SEE PAPER NO.1764 ON 02-MD-875 FOR COMPLETE CASE LIST). SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/13/12. 8/14/12 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) |
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Filing 39
ORDER THAT DEFENDANTS' 3,327 MOTIONS TO DISMISS THE CLAIMS OF PLAINTIFFS WITHOUT PHYSICAL IMPAIRMENT RELATED TO ASBESTOS EXPOSURE, LISTED IN EXHIBIT "A," ATTACHED ARE GRANTED. IT IS FURTHER ORDERED THAT DEFENDANTS' 2,137 MOTIONS BASED ON PLAINTIFFS' CLAIMSOF SYMPTOMATIC INJURIES RELATED TO ASBESTOS EXPOSURE, INCLUDING LUNG AND OTHER CANCERS, LISTED IN EXHIBIT "B," ATTACHED, ARE DENIED.(SEE PAPER NO.1755 ON 02-MD-875 FOR COMPLETE CASE LIST). SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/7/12. 8/8/12 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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| Filing 38 MEMORANDUM (SEE PAPER NO.1754 ON 02-MD-875 FOR COMPLETE CASE LIST). SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/7/12. 8/8/12 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) |
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Filing 37
ORDER THAT THE CLERK OF COURTS IS HEREBY INSTRUCTED TO NOTE THE DISMISSALS OF THESE CLAIMS ON THE DOCKET FOR EACH CASE LISTED IN EXHIBIT "A" ATTACHED HERETO THAT ALL CLAIMS ASSERTED USX CORPORATION ONLY, ARE HEREBY DISMISSED, WITH PREJUDICE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/25/2012. 8/1/2012 ENTERED AND COPIES MAILED AND E-MAILED. (ems)
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| Filing 36 COPY OF MOTION FILED 1/9/12: CRANE CO.'S MOTION TO DISMISS CLAIMS THAT ARE NOT COMPENSABLE. BRIEF, CERTIFICATE OF SERVICE. (SEE EXHIBIT E PAPER NUMBER 640 IN 02-MD-875 FOR COMPLETE DOCUMENT PDF) (Attachments: #1 EXHIBIT E)(uh, ) |
| Filing 35 STIPULATED ORDER DISMISSING ALL LAWSUITS ON THE MDL MARITIME DOCKET INSTITUTED BY THE JAQUES ADMIRALTY FIRM AGAINST INDIAN HEAD INDUSTRIES, INC., ONLY. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/2/2012. 5/3/2012 ENTERED AND COPIES E-MAILED.(stwe, ) |
| Filing 33 NOTICE THAT ATTORNEY COLLEEN A. MOUNTCASTLE IS ENTERING APPEARANCE FOR DEFENDANT IMO INDUSTRIES INC. (Attachments: #1 Exhibit A)(stwe, ) |
| Filing 31 NOTICE of Appearance by SUSAN SQUIRE BOX on behalf of FORD MOTOR COMPANY with Certificate of Service(BOX, SUSAN) |
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Filing 34
ORDER THAT PLAINTIFFS' MOTION 1024 TO EXTEND THE GROUP 1 DISCOVERY DEADLINE IS GRANTED IN PART; THE NEW DEADLINES ARE SET FORTH IN A TABLE ATTACHED TO THIS ORDER. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE 02-MD-875 PAPER NO. 1154 FOR FULL ATTACHMENTS) 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO CASES IN GROUPS 1-7). (kah, )
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Filing 32
ORDER THAT THE MOTIONS FOR LEAVE TO FILE REPLY BRIEFS 1039, 1089, 1099, 1101 ARE GRANTED; THE JOINT MOTION 866 ON BEHALF OF VARIOUS SHIPOWNER DEFENDANTS TO COMPEL THE PRODUCTION OF MATERIALS SUBMITTED TO BANKRUPTCY TRUSTS IS GRANTED IN PART; THE JOINT MOTION 948 TO COMPEL THE PRODUCTION OF COAST GUARD DISCHARGE CERTIFICATES IS GRANTED IN PART, ETC.; THE JOINT MOTION 852 TO COMPEL PLAINTIFFS TO VERIFY THEIR INTERROGATORY RESPONSES AND FURTHER RESPOND TO DISCOVERY AND DEFENDANT IMO INDUSTRIES INC.'S MOTION 800 TO COMPEL ARE GRANTED IN PART, ETC.; THE JOINT MOTION 867 TO PRECLUDE THE USE BY PLAINTIFFS OF CERTAIN MEDICAL RECORDS IS DENIED; IMO INDUSTRIES INC'S MOTION 801 FOR PROTECTIVE ORDER IS DENIED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE 02-MD-875 PAPER NO. 1156 FOR FULL ATTACHMENTS). 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO THE GROUP 1 MARDOC CASES).(uh, )
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Filing 30
MEMORANDUM IN SUPPORT OF ORDER RE: VARIOUS MOTIONS 1. 866, 948, 852, 800, 867 FILED ON THE MARITIME DOCKET. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE PAPER NO.1155 ON 02-MD-875 FOR CASE LIST) 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED AND FAXED. (APPLIES TO MARDOC GROUP 1 CASES).(kah, ) Modified on 4/20/2012 (amas, ).
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Filing 29
STIPULATION AND ORDER THAT PLAINTIFFS DO HEREBY STIPULATE TO THE DISMISSAL OF ERNST GAGE COMPANY ONLY, WITHOUT PREJUDICE, EACH SIDE TO BEAR THEIR OWN COSTS.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/22/12. 3/27/12 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 28
STIPULATION AND ORDER THAT THE DISMISSAL WITHOUT PREJUDICE, EACH SIDE TO BEAR THEIR OWN COSTS, ALL MARITIME ASBESTOS CLAIMS AGAINST COFFIN TURBO PUMP, INC. AND CROSBY VALVE, INC. INCLUDING, BUT NOT LIMITED TO, THE ATTACHED LIST OF CASES.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/28/12. 2/28/12 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 27
ORDER THAT THE MOTION OF CERTAIN SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE, LLP TO EXTEND THEIR DEADLINE TO RESPOND TO STANDARD DISCOVERY IS GRANTED AND THESE DEFENDANTS' DEADLINE IS EXTENDED TO FEBRUARY 13, 2012. (SEE PAPER NO. 688 IN 02-MD-875 FOR COMPLETE CASE LIST) SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/20/2012. 1/25/2012 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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Filing 26
ORDER THAT THE MOTION OF DEFENDANT JOHN CRANE FOR EXTENSION OF DEADLINE TO RESPOND TO MASTER DISCOVERY IS HEREBY GRANTED AND THIS DEFENDANT'S DEADLINE IS EXTENDED UNTIL 1/27/2012. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/20/2012. 1/25/2012 ENTERED AND COPIES E-MAILED.(stwe, )
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| Filing 25 GATKE CORPORATION'S INITIAL DISCLOSURES PURSUANT TO F.R.C.P. 26(A)(1) FOR CASES IDENTIFIED ON EXHIBIT "A" ATTACHED. (SEE PAPER NO. 654 ON 02-MD-875 FOR FULL LIST OF CASES)(uh, ) |
| Filing 24 MASTER ANSWER OF DEFENDANT CROWN CORK & SEAL COMPANY, INC. TO PLAINTIFFS' MASTER COMPLAINTS WITH RESPECT TO "PRODUCT DEFENDANTS". (SEE 02-MD-875 PAPER NO. 647 FOR COMPLETE DOCUMENT PDF) (kah, ) |
| Filing 23 MASTER ANSWER OF DEFENDANT CROWN CORK & SEAL COMPANY, INC. TO PLAINTIFFS' ESTATE REPRESENTATIVES' MASTER COMPLAINTS WITH RESPECT TO "PRODUCT DEFENDANTS". JURY DEMAND, CERTIFICATE OF SERVICE.SEE 02-875 DOC. NO. 648 FOR CASE LIST(dp, ) |
| Filing 22 NOTICE OF APPEARANCE BY STEPHEN M. BEAUDRY AS COUNSEL FOR IMO INDUSTRIES INC. (SEE PAPER NUMBER 645 ON 02-MD-875 FOR CASE LIST)(kah, ) |
| Filing 21 NOTICE of Appearance by JOHN E. HERRICK on behalf of PLAINTIFFS. Certificate of Service. (See doc. #608 in 02-md-875 for full list of cases.) (aeg, ) |
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER FOR MARDOC GROUP 6. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 11/21/2011. 11/23/2011 ENTERED AND COPIES MAILED AND E-MAILED. (stwe, )
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| Filing 19 NOTICE of Substitution of Counsel by HAROLD W. HENDERSON on behalf of PURE OIL CORPORATION, THE PURE OIL CO., UNION OIL CO. OF CALIFORNIA, UNION OIL COMPANY, UNOCAL CORP., WEST COAST SHIPPING COMPANY with Certificate of Service.(ahf) |
| Filing 18 NOTICE of Appearance by MICHAEL T. COLE on behalf of UNION OIL COMPANY OF CALIFORNIA with Certificate of Service and Notice of Withdrawal of Richard C. Binzley as counsel for Unocal Defendants (Attachments: #1 Exhibit A)(COLE, MICHAEL) |
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Filing 17
ORDER THAT MICHAEL J. STACK, ESQUIRE (DECEASED), IS WITHDRAWN AS COUNSEL OF RECORD FOR DEFENDANT CROWN CORK & SEAL AND THAT THE APPEARANCE OF PETER V. MARKS, SR., ESQUIRE, IS ENTERED IN HIS PLACE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/21/11. 10/24/11 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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Filing 16
ORDER THAT THE ORDER APPOINTING BRUCE LASSMAN, ESQ. SPECIAL MASTER IN THE MARDOC CASES (DOC. NO. 461), LISTED IN EXHIBIT "A" ATTACHED, IS VACATED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/28/11. 9/30/11 ENTERED AND COPIES MAILED, E-MAILED. (SEE PAPER NO. 540 IN 02-MD-875 FOR CASE LIST).(ahf)
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| Filing 15 Notice of Appearance of HAROLD W. HENDERSON as counsel for MULTIPLE SHIPOWNER DEFENDANTS, Certificate of Service. (jcab) |
| Filing 14 NOTICE of APPEARANCE of STEPHEN H. DANIELS for DEFENDANT JOHN CRANE, INC., CERTIFICATE of SERVICE.(kah, ) |
| Filing 13 NOTICE OF APPEARANCE OF JOHN M. HERKE AS COUNSEL FOR DEFENDANT GATKE CORPORATION, CERTIFICATE OF SERVICE (dp, ) |
| Filing 12 NOTICE of Appearance by KATHERINE LYNN MCCLELLAND on behalf of NATIONAL BULK CARRIERS INC. with Certificate of Service(MCCLELLAND, KATHERINE) |
| Filing 11 NOTICE of Appearance by STEPHEN H. DANIELS on behalf of JOHN CRANE, INC. with Jury Demand and Certificate of Service(DANIELS, STEPHEN) |
| Filing 10 NOTICE of Appearance by BETH A. SEBAUGH on behalf of CROWN CORK & SEAL CO., INC. with Certificate of Service(SEBAUGH, BETH) |
| Filing 9 NOTICE of Appearance by JOHN P. PATTERSON on behalf of A. W. CHESTERTON COMPANY with Jury Demand and Certificate of Service (Attachments: #1 List of Cases)(PATTERSON, JOHN) |
| Filing 8 NOTICE of Appearance by MICHAEL J. ZUKOWSKI on behalf of CRANE COMPANY with Certificate of Service(ZUKOWSKI, MICHAEL) |
| Filing 7 NOTICE of Appearance by KEVIN C. ALEXANDERSEN on behalf of IMO INDUSTRIES, INC. with Jury Demand and Certificate of Service (Attachments: #1 List of Cases)(ALEXANDERSEN, KEVIN) |
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Filing 6
ORDER REGARDING STATUS AND SCHEDULE OF THE MARDOC CASES LISTED ON THE ATTACHED ORDER THAT NO LATER THAN 8/12/11 PLAINTIFFS' COUNSEL SHALL FILE WITH THE COURT WITH A COPY TO DEFENSE COUNSEL A LIST OR SPREADSHEET IDENTIFYING WHICH DEFENDANTS THEY ARE PURSUING IN EACH INDIVIDUAL PLAINTIFF'S CASE ON THE ATTACHED LIST; NO LATER THAN 8/19/11 COUNSEL FOR EACH DEFENDANT SHALL FILE AN ENTRY OF APPEARANCE ON ALL CASES ON WHICH IT HAS BEEN IDENTIFIED, ETC.; NO LATER THAN 9/2/2011 DEFENDANTS SHALL SUBMIT A LETTER TO JUDGE HEY WITH A COPY TO PLAINTIFFS' COUNSEL IDENTIFYING THOSE MOTIONS THEY WISH TO FILE PRELIMINARILY, ETC. AND IF PLAINTIFFS DISPUTE THAT ANY MOTION WOULD BE APPROPRIATE FOR DISPOSITION AT THIS STAGE THEY SHALL SO EXPLAIN BY LETTER TO JUDGE HEY WITH A COPY TO COUNSEL NO LATER THAN 9/16/2011; A STATUS AND SCHEDULING CONFERENCE SHALL TAKE PLACE ON THESE MATTERS ON 9/28/2011 AT 10:00 AM IN COURTROOM 11A, ETC.; NO LATER THAN 10/14/2011 PLAINTIFFS SHALL SUBMIT PROPOSED ORDERS FOR JUDGE ROBRENO'S SIGNATURE DISMISSING THOSE DEFENDANTS WHICH ARE CURRENTLY LISTED ON EACH PLAINTIFF'S DOCKET IN THE ED-PA BUT WHICH PLAINTIFF IS NO LONGER PURSUING. (SEE CASE NO: 02-MD-875 PAPER NO. 465 FOR CASE LIST). SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/26/11. 7/27/11 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 5
ORDER THAT THE HONORABLE MAGISTRATE JUDGE ELIZABETH T. HEY IS APPOINTED TO OVERSEE AND SUPERVISE THE ASBESTOS MARITIME DOCKET ("MARDOC") AND IS AUTHORIZED TO ENTER ORDERS AS NECESSARY, PURSUANT TO 28 U.S.C. 636. SEE PAPER NO. 462 ON 02-MD-875 FOR CASE LIST. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/27/2011. 6/29/2011 ENTERED AND COPIES E-MAILED.(jcab)
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Filing 4
ORDER THAT BRUCE LASSMAN, ESQ. IS APPOINTED AS SPECIAL MASTER IN THE CASES LISTED IN EXHIBIT "A" ATTACHED.(SEE PAPER NO. 461 ON 02-MD-875 FOR CASE LIST).. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/27/11. 6/29/11 ENTERED AND COPIES E-MAILED.(dp, )
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| Filing 3 NOTICE TO COUNSEL (kf, ) |
| Filing 2 AMENDED ADMINISTRATIVE ORDER NO. 11 THAT THE MODIFICATIONS TO THE EXISTING PROCEDURES FOR THE PROCESSING OF CASES, DOCKETS, PLEADINGS AND ORDERS IN MDL 875 CASES ARE ADOPTED AS OUTLINED IN THIS ORDER, ETC. ENTERED AND COPIES MAILED. (kf, ) |
| Filing 1 MARDOC TRANSFER ORDER NO. 31 THAT THE CLERK OF COURT IS ORDERED TO INITIATE THE PROCEDURES FOR THE TRANSFER OF MDL 875 (MARDOC) CASES FROM THE U.S.D.C. NORTHERN DISTRICT OF OHIO, IN ACCORDANCE WITH THE TERMS OF THIS COURT'S ADMINISTRATIVE ORDER NO. 11. ENTERED AND COPIES MAILED. (kf, ) |
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