THOMAS v. ABEX CORPORATION et al
| IRENE THOMAS |
| ABEX CORPORATION, AMERICAN BRAKE SHOE & FOUNDRY CO., AMERICAN BRAKE SHOE CO, ALLIED-SIGNAL INC, ASBESTOS CORPORATION, LTD., BELL ASBESTOS MINES, LTD., BORG-WARNER CORPORATION, CARLISLE COMPANIES, INC., CARLISLE CORPORATION, CHAMPION FRICTION COMPANY, CHRYSLER CORPORATION, DANA CORPORATION, DEERE & COMPANY, EGBERT CORPORATION, FORD MOTOR COMPANY, GATKE CORPORATION, LEAR-SIEGLER HOLDINGS CORPORATION, MAREMONT CORPORATION, METROPOLITAN LIFE INSURANCE COMPANY, NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, PNEUMO ABEX CORPORATION, REDDAWAY MANUFACTURING CO., THIOKOL CORPORATION and UNIROYAL GOODRICH TIRE CO. |
| 2:2011cv63477 |
| February 25, 2011 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| EDUARDO C ROBRENO |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| None |
Docket Report
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This docket was last retrieved on August 2, 2018. A more recent docket listing may be available from PACER.
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Filing 38
ORDER THAT THE SEVERED PUNITIVE DAMAGES CLAIMS IN THE CASES ON THE ATTACHED LIST ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/1/2018; 8/2/2018 ENTERED AND COPIES E-MAILED. (SEE PAPER # 9019 IN 01-MD-875). (tjd)
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Filing 37
ORDER THAT A RULE IS ISSUED FOR PLAINTIFFS TO SHOW CAUSE WHY THE SEVERED PUNITIVE DAMAGES CLAIMS IN REMANDED LAND-BASED MDL-875 CASES SHOULD NOT BE DISMISSED AS HAVING BEEN SETTLED OR OTHERWISE TERMINATED AFTER REMAND OF THE COMPENSATORY CLAIMS. NO LATER THAN 7/11/2018, ANY PLAINTIFF WHO CONTENDS THAT HE OR SHE HAS A VIABLE PUNITIVE DAMAGE CLAIM THAT WAS SEVERED UPON REMAND OF HIS OR HER COMPENSATORY CLAIMS AND IS PENDING IN THIS COURT SHALL FILE A WRITTEN REPORT OUTLINING THE NATURE AND STATUS OF THE CLAIM. IN ANY SUCH CASES, DEFENDANTS MAY RESPOND NO LATER THAN 8/8/2018. THE COURT WILL THEN ADDRESS THOSE CLAIMS, IF ANY. ALL OTHER PUNITIVE DAMAGE CLAIMS IN REMANDED LAND-BASED CASES, FOR WHICH THE PLAINTIFFS DO NOT FILE REPORTS, WILL BE DISMISSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/2/2018. 5/7/2018 ENTERED AND COPIES E-MAILED. (SEE PAPER # 9016 IN 01-MD-875) (ems)
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| Certified copy of Conditional Remand Order along with a copy of the docket E-mailed to the District of North Dakota. (tjd) |
| Filing 36 Copy of Conditional Remand Order from the Judicial Panel on Multidistrict Litigation that all claims in the actions on this order except the severed damages claims be remanded to their respective transferor courts: CA-N 3:11-986, 11-3507, 08-4461, 4:07-4240, 11-3399; ND-D 1:11-17, 90-289, 90-290, 90-291, 90-292, 90-293, 90-294, 90-295, 90-297, 90-298, 90-299, 90-300, 90-301, 90-302. (See Paper # 8805 in 01-md-875). (tjd) |
| Filing 35 NOTICE of Appearance by JOEL A. FLOM on behalf of BORG-WARNER CORPORATION with Certificate of Service (Attachments: #1 Certificate of Service)(FLOM, JOEL) |
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Filing 34
ORDER THAT THE COURT FINDS THAT THE ABOVE CAPTIONED CASE IS PREPARED FOR TRIAL WITHOUT DELAY ONCE ON THE TRANSFEROR COURT'S DOCKET, SUBJECT TO ANY TRIAL-RELATED MOTIONS IN LIMINE AS OUTLINED HEREIN. THE COURT SUGGESTS THAT THE ABOVE-CAPTIONED CASE BE REMANDED TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA FOR RESOLUTION OF ALL MATTERS PENDING WITHIN THIS CASE EXCEPT PUNITIVE DAMAGES. THE PARTIES LISTED HAVE 7 DAYS WITHIN WHICH TO CONSENT TO TRIAL BEFORE AN ARTICLE III OR MAGISTRATE JUDGE IN THE EASTERN DISTRICT OF PENNSYLVANIA.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/4/2013. 1/4/2013 ENTERED AND COPIES MAILED, E-MAILED.(kp, )
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Filing 33
STIPULATION AND ORDER THAT DEFENDANT DANA COMPANIES, LLC IS DISMISSED WITHOUT PREJUDICE AND WITHOUT COSTS OR ATTORNEYS FEES TO EITHER PARTY; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/25/12. 7/26/12 ENTERED AND COPIES MAILED, E-MAILED, MAILED.(jl, )
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| Filing 32 STIPULATION of Dismissal by DANA CORPORATION. (MUELLER, LANCE) |
| Filing 31 REPLY to Response to Motion re #25 MOTION for Summary Judgment filed by DANA CORPORATION. (MUELLER, LANCE) |
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Filing 30
STIPULATION AND ORDER THAT ALL CLAIMS ARE DISMISSED AGAINST DEERE & COMPANY WITHOUT COSTS WITH PREJUDICE; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/29/12. 7/2/12 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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Filing 29
STIPULATION AND ORDER THAT ALL PLAINTIFFS CLAIMS AGAINST DEFENDANT EGBERT CORPORATION ARE DISMISSED WITH PREJUDICE AND WITHOUT COSTS TO ANY PARTY; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/29/12. 7/2/12 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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| Filing 28 STIPULATION of Dismissal with Prejudice as to Deere & Company by DEERE & COMPANY. (Attachments: #1 Text of Proposed Order)(OPPEGARD, PAUL) |
| Filing 27 STIPULATION of Dismissal with Prejudice of Egbert Corporation & Certificate of Service by EGBERT CORPORATION. (LANDA, SCOTT) |
| Filing 26 RESPONSE in Opposition re #25 MOTION for Summary Judgment by Defendant Dana Companies, LLC filed by IRENE THOMAS. (Attachments: #1 Appendices "A" and "B")(THOMPSON, DAVID) |
| Filing 25 MOTION for Summary Judgment filed by DANA CORPORATION.Memorandum and Certificate of Service.(MUELLER, LANCE) |
| Filing 24 CERTIFICATE OF SERVICE by EGBERT CORPORATION re #21 MOTION for Summary Judgment , #23 Memorandum, (LANDA, SCOTT) |
| Filing 23 Memorandum in Support of Its Motion for Summary Judgment on Non-Exposure Grounds re #21 MOTION for Summary Judgment on Non-Exposure Grounds filed by EGBERT CORPORATION. (Attachments: #1 Exhibit A - Egbert Corporation's Discovery Requests to Plaintiff (2012), #2 Exhibit B - Plaintiff's Answers to Interrogatories (2009), #3 Exhibit C - Egbert Corporation's Discovery Requests to Plaintiff (2009))(LANDA, SCOTT) |
| Filing 22 MOTION for Summary Judgment of Deere & Company filed by DEERE & COMPANY.Notice, Memorandum, Exhibits, Certificate of Service. (Attachments: #1 Supplement Notice of Motion, #2 Supplement Memorandum in Support of Motion for Summary Judgment, #3 Exhibit Exhibit 1 to Memoranda in Support of MSJ, #4 Exhibit Exhibit 2 to Memoranda in support of MSJ, #5 Exhibit Exhibit 3 to Memoranda in support of MSJ, #6 Exhibit Exhibit 4 to memoranda in support of MSJ, #7 Exhibit Exhibit 5 to memoranda in support of MSJ, #8 Supplement Certificate of Service)(OPPEGARD, PAUL) |
| Filing 21 MOTION for Summary Judgment on Non-Exposure Grounds filed by EGBERT CORPORATION.(LANDA, SCOTT) Modified on 4/19/2012 (md). |
| Filing 20 CERTIFICATE OF SERVICE by EGBERT CORPORATION re #18 MOTION for Summary Judgment , #19 Memorandum,, (LANDA, SCOTT) |
| Filing 19 Memorandum in Support of Its Motion for Summary Judgment re #18 MOTION for Summary Judgment filed by EGBERT CORPORATION. (Attachments: #1 Exhibit 1 - Thomas Summons & Complaint (2011), #2 Exhibit 2 - Thomas Summons & Complaint (1992), #3 Exhibit 3 - Stipulation of Dismissal Without Prejudice of Egbert Corporation (2010), #4 Exhibit 4 - Order of Dismissal of Egbert Corporation (2010), #5 Exhibit 5 - Egbert Corporation's Service of Process, #6 Exhibit 6 - Death Certificate of Phillip Thomas)(LANDA, SCOTT) |
| Filing 18 MOTION for Summary Judgment filed by EGBERT CORPORATION..(LANDA, SCOTT) |
| Filing 17 NOTICE of Answer filed in District of North Dakota, Southwestern Division, on behalf of DEERE & COMPANY, with Jury Demand and Certificate of Service. (Attachments: #1 Affidavit Certificate of Service)(OPPEGARD, PAUL) Modified on 2/24/2012 (md). |
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Filing 16
ORDER THAT THE SCHEDULING ORDER IN THESE CASES, ENTERED ON 9/7/11, IS AMENDED TO READ THAT PLAINTIFFS' RESPONSES (IF ANY) TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ARE DUE ON 5/21/12, AND DEFENDANTS' REPLIES TO PLAINTIFFS' RESPONSES (IF ANY) ARE DUE 6/4/12. ALL OTHER DATES IN THE SCHEDULING ORDER SHALL REMAIN THE SAME.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/6/12. 2/8/12 ENTERED AND COPIES MAILED, E-MAILED (dp, )
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Filing 15
STIPULATION AND ORDER THAT THE DEFENDANT NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION IS DISMISSED WITH PREJUDICE AND WITHOUT COSTS TO ANY PARTY. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/9/2011. 12/12/2011 ENTERED AND COPIES MAILED, E-MAILED (kk, )
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Filing 14
STIPULATION AND ORDER THAT FORD MOTOR COMPANY IS DISMISSED WITH PREJUDICE.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/7/11. 12/7/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, )
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| Filing 13 STIPULATION of Dismissal by FORD MOTOR COMPANY, IRENE THOMAS. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Service)(WARD-REICHARD, COURTNEY) |
| Filing 12 NOTICE of Appearance by LANCE E MUELLER on behalf of DANA CORPORATION (MUELLER, LANCE) |
| Filing 11 ANSWER to Complaint by ASBESTOS CORPORATION, LTD., BELL ASBESTOS MINES, LTD.. (Attachments: #1 Exhibit Release)(MCNAIR, MICHAEL) |
| Filing 10 Disclosure with Certificate of Service by METROPOLITAN LIFE INSURANCE COMPANY.(HASAN, SHEHZAD) |
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Filing 9
ORDER THAT THE DEADLINES IN THE ABOVE-CAPTIONED CASE ARE AS FOLLOWS: ALL DISCOVERY MUST BE COMPLETED BY JANUARY 5, 2012; PLAINTIFF'S EXPERT REPORTS MUST BE SERVED BY FEBRUARY 5, 2012; DEFENDANT'S EXPERT REPORTS MUST BE SERVED BY MARCH 5, 2012; REBUTTAL EXPERT REPORTS MUST BE SERVED BY MARCH 19, 2012; SUMMARY JUDGMENT MOTIONS MUST BE FILED BY APRIL 19, 2012; RESPONSES ARE DUE JUNE 19, 2012; REPLIES, IF ANY, ARE DUE JULY 11, 2012; AND A FINAL PRE-REMAND HEARING, INCLUDING ORAL ARGUMENT ON ALL OPPOSED SUMMARY JUDGMENT MOTIONS, WILL BE HELD ON TUESDAY, JULY 24, 2012 AT 10:00 A.M. IN COURTROOM 11A, JAMES A. BYRNE UNITED STATES COURTHOUSES, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA 19106. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/7/2011. 9/9/2011 ENTERED AND COPIES MAILED AND E-MAILED.(jcab)
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| Filing 8 STATUS REPORT AND RESPONSE OF PLAINTIFF TO STATUS AND SCHEDULING CONFERENCE ORDER DATED AUGUST 8, 2011 WITH REQUIRED INFORMATION PROVIDED by IRENE THOMAS. (THOMPSON, DAVID) |
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Filing 7
ORDER THAT IN THE CASES LISTED IN EXHIBIT "A", ATTACHED, A STATUS AND SCHEDULING CONFERENCE WILL BE HELD ON 9/6/11 AT 2PM.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/8/11. 8/8/11 ENTERED AND COPIES MAILED, E-MAILED (dp, )
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| Filing 6 CERTIFICATE OF SERVICE by EGBERT CORPORATION re #5 Answer to Complaint (LANDA, SCOTT) |
| Filing 5 ANSWER to Complaint by EGBERT CORPORATION.(LANDA, SCOTT) |
| Filing 4 Notice of Plan Injunction by OLD CARCO LIQUIDATION TRUST. (fdc) |
| Filing 3 NOTICE TO COUNSEL (nl, ) |
| 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. (nl, ) |
| Filing 1 TRANSFER ORDER NO. 919 THAT THE CLERK OF COURT IS ORDERED TO INITIATE THE PROCEDURES FOR THE TRANSFER OF MDL 875 CASES FROM THE U.S.D.C. DISTRICT OF NORTH DAKOTA, IN ACCORDANCE WITH THE TERMS OF THIS COURT'S ADMINISTRATIVE ORDER NO. 11. ENTERED AND COPIES MAILED. (nl, ) |
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