MCDOWELL v. GOULDS PUMPS INC. et al
| DOROTHY L. MCDOWELL |
| GOULDS PUMPS INC., CATERPILLAR, INC. and CATERPILLAR GLOBAL MINING LLC |
| 2:2023cv02062 |
| December 4, 2023 |
| US District Court for the Western District of Pennsylvania |
| Nora Barry Fischer |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Notice of Removal-Asbestos Litigation |
| Both |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ORDER REFERRING CASE to Early Neutral Evaluation and appointing Harry Paras as the evaluator; Selected ADR Process to be completed by 12/9/2024; Designated lead counsel shall be responsible for working with the parties and the neutral to coordinate an agreeable date, time and location for the initial ADR conference and file notice of same with the Court by 11/18/2024. Signed by Judge Nora Barry Fischer on 1/25/2024. (map)
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Filing 29
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information to be made by 2/26/2024; Parties shall meet and confer and file Joint Discovery Status Reports by 8/30/2024 and 10/25/2024; Any Motions to Amend Pleadings or Join Parties due by 11/29/2024; Fact Discovery to end 11/29/2024; Telephone Post-Discovery Status Conference set for 12/10/2024 at 1:00 PM. Signed by Judge Nora Barry Fischer on 1/25/2024. (map)
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| Filing 28 Minute Entry for Telephonic Initial Case Management Conference held on 1/25/2024 before Judge Nora Barry Fischer; As to discovery, the Court granted the parties leave to take more than ten depositions for good cause shown; Court instructed the parties that they should confer and file a motion requesting an amendment to the case management order, if necessary; With respect to ADR, the Court referred the matter to Early Neutral Evaluation with Harry Paras, Esq.; The Court granted the parties leave to conduct the ADR session after the close of fact discovery and the parties reported that it will take place on 12/9/2024; The Court appointed lead counsel for ADR who shall file a notice with the Court advising of any changes to the date, time, and location of the ADR session, as well as any changes to the principals from each party and insurance representatives with full settlement authority who will be in attendance;The parties do not anticipate needing a protective or confidentiality order at this time but were instructed by the Court to confer and to file a proposed order with the Court if such an order becomes necessary (Court Reporter: None). (map) |
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Filing 27
ORDER implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Nora Barry Fischer on 1/22/2024. (map)
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| Filing 26 REPORT of Rule 26(f) Planning Meeting. (Rankin, Hillary) |
| Filing 25 STIPULATION selecting ADR process by GOULDS PUMPS INC.. (Rankin, Hillary) |
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Filing 24
ORDER that the parties' Rule 26(f) Meeting Report and Stipulation Selecting ADR Process are due by 1/18/2024, and the Telephonic Initial Case Management Conference is set for 1/25/2024 at 11:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 1/10/2024. (Attachments: #1 Exhibit A, #2 Exhibit B) (bdk)
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Filing 23
ORDER RE: Rule 12(b) Motions. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 1/9/2024. (lyk)
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Filing 22
ORDER RE: Motions Practice. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 1/9/2024. (lyk)
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| Filing 21 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. (lyk) |
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Filing 20
ORDER extinguishing #4 Order to Show Cause. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 1/5/2024. (lyk)
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| Filing 19 Sur-Reply to Plaintiff's Reply re #15 Reply, filed by GOULDS PUMPS INC.. (Rankin, Hillary) |
| Filing 18 Errata re #15 Reply by DOROTHY L. MCDOWELL. Reason for Correction: signature did not match filing attorney. (Daley, Robert) |
| Filing 17 Errata re #15 Reply by DOROTHY L. MCDOWELL. Reason for Correction: signature did not match filing attorney. (Daley, Robert) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Reply. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (dmh) |
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Filing 16
ORDER that upon consideration of #15 Reply filed by DOROTHY L. MCDOWELL, Defendant Goulds Pumps Inc. shall file a Sur-reply by 1/4/2024. Signed by Judge Nora Barry Fischer on 12/21/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 15 REPLY to #11 Response to Order to Show Cause, #10 Response, filed by DOROTHY L. MCDOWELL. (Attachments: #1 Exhibit A, #2 Exhibit B) (Troyan, Mark) |
| Filing 14 NOTICE of Appearance by Robert F. Daley on behalf of DOROTHY L. MCDOWELL. (Daley, Robert) |
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Filing 13
ORDER that upon consideration of #11 Response to Order to Show Cause filed by GOULDS PUMPS INC., and #10 Response filed by CATERPILLAR GLOBAL MINING LLC, Plaintiff shall file a Reply by 12/21/2023. Signed by Judge Nora Barry Fischer on 12/14/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 12 Disclosure Statement identifying Sapphire Topco as corporate parent or other affiliate, declaring citizenship by GOULDS PUMPS INC.. (Rankin, Hillary) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE filed by GOULDS PUMPS INC.. (Attachments: #1 Exhibit A. Affidavit of C. Johnson, #2 Exhibit B. Cat Corp Disclosure, #3 Exhibit C. Plaintiffs Complaint) (Rankin, Hillary) |
| Filing 10 RESPONSE to #4 Order to Show Cause,, filed by CATERPILLAR GLOBAL MINING LLC. (Attachments: #1 Exhibit A) (Brick, Joshua) |
| Filing 9 Disclosure Statement identifying Caterpillar IPX LLC as corporate parent or other affiliate, declaring citizenship by CATERPILLAR GLOBAL MINING LLC. (Brick, Joshua) |
| Filing 8 ANSWER to Complaint and Affirmative Defenses and Answer to Cross Claims by GOULDS PUMPS INC.. (Rankin, Hillary) |
| Filing 7 ANSWER to Complaint Affirmative Defenses and, CROSSCLAIM against GOULDS PUMPS INC. by CATERPILLAR GLOBAL MINING LLC. (Brick, Joshua) |
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Filing 6
ORDER granting #5 Notice of Voluntary Dismissal filed by DOROTHY L. MCDOWELL, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff's claims against Caterpillar, Inc. ONLY are voluntarily dismissed, without prejudice; CATERPILLAR, INC. terminated as party. Signed by Judge Nora Barry Fischer on 12/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 5 NOTICE of Voluntary Dismissal of Defendant Caterpillar, Inc. by DOROTHY L. MCDOWELL (Troyan, Mark) |
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Filing 4
ORDER TO SHOW CAUSE: A Rule to Show Cause is issued upon Defendants to demonstrate why this case should not be remanded to the Court of Common Pleas of Allegheny County by December 14, 2023 at 5:00 p.m. Failure to timely respond to this Order will result in the matter being remanded, forthwith. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 12/7/2023. (lyk)
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| Filing 3 NOTICE of Appearance by Leo Gerard Daly on behalf of CATERPILLAR GLOBAL MINING LLC. (Daly, Leo) |
| Filing 2 NOTICE of Appearance by Joshua M. Brick on behalf of CATERPILLAR GLOBAL MINING LLC. (Brick, Joshua) |
| Filing 1 NOTICE OF REMOVAL from Allegheny county, case number GD 23-12442 Copies attached: state court record (Filing fee, including Administrative fee, $405, receipt number APAWDC-8005534), filed by GOULDS PUMPS INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (sdp) |
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