LICHTENFELS et al v. ELECTRO-MOTIVE DIESEL, INC.
| RAYMOND K. LICHTENFELS and KAREN I. LICHTENFELS |
| ELECTRO-MOTIVE DIESEL, INC. |
| 2:2009cv01590 |
| December 3, 2009 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Westmoreland |
| Nora Barry Fischer |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 23, 2010. A more recent docket listing may be available from PACER.
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| Remark: Remand Letter and certified copies of #15 Memorandum Opinion and #16 Order of Remand sent to Westmoreland County Court of Common Pleas. (jsp) |
Filing 16
ORDER indicating that for the reasons outlined in the Memorandum Opinion filed contemporaneously herewith #15 , the Court hereby orders that #7 Plaintiff's Motion to Remand is granted, in part, and denied, in part, as follows: 1. All Plaintiff's claims are hereby remanded to the Court of Common Pleas of Westmoreland County; 2. Plaintiff's motion for attorney fees and costs is denied; 3. The Clerk of Court is directed to remand this action to the Court of Common Pleas of Westmoreland County forthwith. Signed by Judge Nora Barry Fischer on 2/22/10. (jg) Modified on 2/22/2010 (jg, ).
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Filing 15
MEMORANDUM OPINION indicating that, for the reasons stated more fully within, Plaintiffs' Motion to Remand to State Court (Docket No. #7 ) is granted, in part, and denied, in part. It is granted in that Plaintiffs' claims are hereby remanded to the Court of Common Pleas of Westmoreland County. It is denied in that attorney fees shall not be awarded. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/22/10. (jg)
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| Filing 14 REPLY BRIEF in support by KAREN I. LICHTENFELS, RAYMOND K. LICHTENFELS re #7 Response to Motion filed by KAREN I. LICHTENFELS, RAYMOND K. LICHTENFELS. (Attachment: #1 Exhibit A) (Mansell, Jeffrey) Modified on 1/19/2010 (jsp). |
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Filing 13
ORDER granting #12 Motion for Leave to File Reply Brief filed by KAREN I. LICHTENFELS, RAYMOND K. LICHTENFELS; that Plaintiffs' Reply Brief to #10 Response to Motion is due 1/15/10. Signed by Judge Nora Barry Fischer on 1/5/10. (jg)
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| Filing 12 MOTION for Leave to File Reply Brief by RAYMOND K. LICHTENFELS, KAREN I. LICHTENFELS. (Attachments: #1 Proposed Order) (Mansell, Jeffrey) |
| Filing 11 BRIEF in Opposition re #7 Motion to Remand to State Court filed by ELECTRO-MOTIVE DIESEL, INC.. (Attachments: #1 Exhibit A & B) (Leidigh, Robert) |
| Filing 10 RESPONSE to Motion re #7 Motion to Remand to State Court filed by ELECTRO-MOTIVE DIESEL, INC.. (Attachments: #1 Exhibit A & B) (Leidigh, Robert) |
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ORDER Response/Briefing Schedule re #7 Plaintiffs' Motion to Remand to State Court: Defendant Electro-Motive Diesel, Inc.'s Response to said Motion due by 12/30/2009. Ordered by Judge Nora Barry Fischer on 12/17/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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| Filing 9 Errata re #7 Motion to Remand to State Court by RAYMOND K. LICHTENFELS, KAREN I. LICHTENFELS. Reason for Correction: to attach proposed order to Motion to Remand. (Mansell, Jeffrey) |
| Filing 8 BRIEF in Support re #7 Motion to Remand to State Court filed by RAYMOND K. LICHTENFELS, KAREN I. LICHTENFELS. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Transcript, #3 Exhibit C - Lent v. Chesterton Decision and Order, #4 Exhibit D - Hendricks v. DDC Decision and Order, #5 Exhibit E - Gilbert v. AGCO Decison and Order) (Mansell, Jeffrey) |
| Filing 7 MOTION to Remand to State Court by RAYMOND K. LICHTENFELS, KAREN I. LICHTENFELS. (Mansell, Jeffrey) |
| Filing 6 ANSWER to Complaint (Notice of Removal) by RAYMOND K. LICHTENFELS, KAREN I. LICHTENFELS. (Mansell, Jeffrey) |
| Filing 5 ANSWER, Affirmative Defenses to Complaint, CROSSCLAIM against RAYMOND K. LICHTENFELS, KAREN I. LICHTENFELS by ELECTRO-MOTIVE DIESEL, INC. (Leidigh, Robert) Modified on 12/8/2009. (jsp) |
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Filing 4
ORDER indicating that that on or before January 7, 2010, all counsel to the above captioned case shall become registered users of the CM/ECF system. Any attorney who is not registered by January 7, 2010, will no longer receive notice regarding any docketing activity in this case initiated from chambers by U.S. mail. This order does not abrogate each party's individual duty to serve each other party with his or her own filings. Signed by Judge Nora Barry Fischer on 12/7/09. (jg)
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| Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg, ) |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by ELECTRO-MOTIVE DIESEL, INC. (jsp) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Westmoreland County, case number # 9725 of 2009 with Jury Demand (Filing fee $350, receipt number 1446421), filed by ELECTRO-MOTIVE DIESEL, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Lower Court Complaint) (jsp) |
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