Makin v. 84 Lumber Company et al
Janice Makin |
84 Lumber Company, AII Acquisition LLC, A.O. Smith Corporation, A.W. Chesterton Company, Ace Hardware Corporation, Alcoa, Inc., Alfa Laval, Inc., American Biltrite, Inc., Aurora Pump Company, Aventis Cropscience USA, Inc., Bell & Gossett, Bird, Inc., Bondex International, Inc., Borgwarner Morse Tec Inc., Briggs & Stratton Corp, Brockton Furnace & Duct Distributors, Bryant Heating and Cooling Systems, Buffalo Pumps, Inc., Burnham LLC, Carrier Corporation, CBS Corp., Certainteed Corporation, Chrysler LLC, Cleaver-Brooks, Clifton Associates, Inc., Coleman Heating & Air Conditioning, Columbia Boiler Co, Compudyne Corporation, Conwed Corporation, Crane Co., Crown Cork & Seal Co., Inc., Daimler Trucks North America, Dal-Tile Corp., Dana Corporation, DAP, Inc., Detroit Diesel Corporation, Domco Products Texas L.P., The Dow Chemical Company, Eckel Industries, Inc., Elliot Turbomachinery Co., Inc., F.W. Webb Company, Fairbanks Morse Engine, Fairbanks Morse Pump Company, Flowserve, Inc., Ford Motor Company, Foster Wheeler, LLC, Freightliner, LLC, Gardner Denver, Inc., Garlock Sealing Technologies, LLC, General Electric Company, General Motors Corporation, Genuine Parts Company d/b/a Napa individually and as parent to Rayloc, Georgia-Pacific LLC, The Goodyear Tire & Rubber Company, Goulds Pumps Inc., H.B. Fuller Company, H.B. Smith Co, Henry Company, Homasote Company, Honeywell International, Inc, Hopeman Brothers, Inc., IKO Industries, Inc., IMO Industries, Inc., Ingersoll-Rand Company, International Paper Company, J.H. France Refractories Co., Johnson Controls, Inc, Kaiser Gypsum Company, Inc., Kentile Floors, Inc., Lennox Industries, Inc., Leslie Controls, Inc., Lynxx International Corporation, Melrath Gasket, Inc., Mestek, Inc., Metropolitan Life Insurance Company, Midco International, Inc., The Nash Engineering Company, National Automotive Parts Assoc., New England Insulation Co., Inc., New England Insulation Co., P.I.C. Contractors, Inc., Packings & Insulation Corporation, Pecora Corporation, Peerless Industries, Inc. d/b/a Peerless Heater Company, Pneumo Abex LLC, R.P.M. International, Inc., R.W. Beckett Corporation, Red Devil, Inc., Rheem Manufacturing Company, Inc., Riley Power, Inc., Robert A. Keasbey Company, Sears Roebuck and Co., Selby Battersby & Co, Selkirk Corp., SOS Products Company, Inc., Sterling Fluid Systems (USA) LLC, Sterling Truck Corp., Taco, Inc., Tamms Industries, Inc., Tarkett North America, Inc., Technical Adhesives Limited, Tile Perfect, The Falk Corporation, Trane US Inc., Tremco Inc., Tyco Fire Products, LP, Tyco International Management Company, Tyco Valves and Control Limited Partnership, U.S. Plywood Company, Union Carbide Corporation, United Gilsonite Laboratories, United Technologies Corporation, Utica Boiler Company, Yarway Corp, The W.W. Henry Company, Waldo Brothers Company, Warren Pumps, LLC, Weil-McLain, Welcote Manufacturing Company, Weyerhauser Company, Whirlpool Corporation and Cameron |
1:2009cv00395 |
August 27, 2009 |
US District Court for the District of Rhode Island |
Providence Office |
Providence |
David L Martin |
William E Smith |
P.I. : Asbestos |
28 U.S.C. § 1441 Notice of Removal-Asbestos Litigation |
Both |
Docket Report
This docket was last retrieved on January 25, 2010. A more recent docket listing may be available from PACER.
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Filing 15 ORDER granting (8) Motion to Remand; adopting (14) Report and Recommendations in case 1:09-cv-00393-S-LDA; granting (7) Motion to Remand; adopting (12) Report and Recommendations in case 1:09-cv-00394-S-DLM; granting (8) Motion to Remand; adopting (14) Report and Recommendations in case 1:09-cv-00395-S-DLM; granting (7) Motion to Remand; adopting (21) Report and Recommendations in case 1:09-cv-00396-S-LDA in case 1:09-cv-00393-S-LDA. So Ordered by Judge William E. Smith on 1/21/10. (Jackson, Ryan) |
Motion Forwarded to Chambers (14 in 1:09-cv-00395-S-DLM, 14 in 1:09-cv-00393-S-LDA, 21 in 1:09-cv-00396-S-LDA, 12 in 1:09-cv-00394-S-DLM) REPORT AND RECOMMENDATIONS re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin,REPORT AND RECOMMENDATIONS re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin,REPORT AND RECOMMENDATIONS re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin,REPORT AND RECOMMENDATIONS re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin,REPORT AND RECOMMENDATIONS re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin,REPORT AND RECOMMENDATIONS re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin, FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) |
Filing 14 REPORT AND RECOMMENDATIONS recommending that the District Court, pursuant to 28 U.S.C. 1334(c)(1) and 28 U.S.C. 1452(b), exercise its discretion to GRANT Plaintiffs' Motions to Remand (Document No. 8 in C.A. Nos. 09-393S and 09-395S; Document No. 7 in 09-394S and 09-396S) these asbestos injury cases back to Rhode Island Superior Court, Providence County. Further, recommending that Plaintiffs' accompanying request for a discretionary award of attorneys' fees under 28 U.S.C. 1447(c) be DENIED because Plaintiffs have not established that DDC's decision to remove these cases was objectively unreasonable at the time. See Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005). In particular, it is noted that the cases relied upon in this recommendation (Diaz, Lent, Gilbert and Hendricks) were all decided after DDC filed for removal in these four cases. (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin, (7 in 1:09-cv-00396-S-LDA) MOTION to Remand filed by Lisa Kroskob ( Objections to R&R due by 1/12/2010). So Ordered by Magistrate Judge Lincoln D. Almond on 12/29/09. (Noel, Jeannine) |
Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 12/18/2009 re (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin, (7 in 1:09-cv-00396-S-LDA) MOTION to Remand filed by Lisa Kroskob. (Deaton, Larson) Argument; Court takes under advisement; R&R to follow (Courtroom A at 11:04 am.) (Noel, Jeannine) |
Filing 13 REPLY to Response to Motion re #10 Reply to Response to Motion,, Sur Reply to Plaintiff's Reply Brief to Her Motion for Remand filed by Detroit Diesel Corporation. (Larson, Adam) |
TEXT ORDER granting (11) Motion for Leave to File in case 1:09-cv-00393-S-LDA; granting (10) Motion for Leave to File in case 1:09-cv-00394-S-DLM; granting (12) Motion for Leave to File in case 1:09-cv-00395-S-DLM; granting (19) Motion for Leave to File in case 1:09-cv-00396-S-LDA. So Ordered by Magistrate Judge Lincoln D. Almond on 12/10/09. (Noel, Jeannine) |
MOTIONS REFERRED: (19 in 1:09-cv-00396-S-LDA) MOTION for Leave to File a Sur Reply to Plaintiff's' Reply Brief, (10 in 1:09-cv-00394-S-DLM) MOTION for Leave to File a Sur Reply to Plaintiff's Reply Brief, (12 in 1:09-cv-00395-S-DLM) MOTION for Leave to File a Sur Reply to Plaintiff's Reply Brief, (11 in 1:09-cv-00393-S-LDA) MOTION for Leave to File a Sur Reply to Plaintiff's Reply Brief referred to Magistrate Judge Lincoln D. Almond for determination. (Jackson, Ryan) |
Filing 12 MOTION for Leave to File a Sur Reply to Plaintiff's Reply Brief WITH SUPPORTING MEMO by Detroit Diesel Corporation. Responses due by 12/28/2009 (Larson, Adam) |
Filing 11 NOTICE by Johnson Controls, Inc of Withdrawal of Appearance (Brenner, Jeffrey) |
NOTICE of Hearing on Motion (8 in 1:09-cv-00393-S-LDA) (7 in 1:09-cv-00394S) (8 in 1:09-cv-00395S) (7 in 1:09-cv-00396S) MOTION to Remand :( Motion Hearing set for 12/18/2009 11:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.) (Noel, Jeannine) |
MOTIONS REFERRED: (7 in 1:09-cv-00394-S-DLM) MOTION to Remand, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand, (7 in 1:09-cv-00396-S-LDA) MOTION to Remand referred to Magistrate Judge Lincoln D. Almond for Reports and Recommendations. (Jackson, Ryan) |
Filing 10 REPLY to Response to Motion re #9 Response in Opposition to Motion,, filed by all plaintiffs. (Attachments: #1 Supporting Memorandum In Reply to Detroit Diesel Corporation's Opposition/Objection to Plaintiffs' Motion for Remand, #2 Exhibit Order Granting Plaintiffs Motion for Remand, Hendricks v. Detroit Diesel Corporation, #3 Exhibit Detroit Diesel Corporation's Responses to Master Interrogatories, #4 Exhibit General Motors Corporation's Responses to Master Interrogatories, #5 Exhibit Deposition of Gary Austin, May 13, 2002)(Dennis, Vanessa) |
Motion Forwarded to Chambers (7 in 1:09-cv-00394-S-DLM) MOTION to Remand, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand, (7 in 1:09-cv-00396-S-LDA) MOTION to Remand FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) |
Filing 9 RESPONSE in Opposition re #8 MOTION to Remand and Request for Hearing filed by Detroit Diesel Corporation. (Attachments: #1 Exhibit Ex A-- Declarations of David Merrion, #2 Exhibit Part 1 of Ex. B-- Sales Agreement Between GM and DDC, #3 Exhibit Part II of Ex. B. Sales Agreement Between GM and DDC, #4 Exhibit Ex. C-- Indemnification Agreement Between GM and DDC, #5 Exhibit Ex D-- Decision and Order, Gilbert et al. v. AGCO Corporation et al., C.A. No. 1:09-cv-962, #6 Exhibit Exhibit E--Transcript of October 6, 2009 Hearing before the United States Bankruptcy Court for the Southern District of New York)(Larson, Adam) |
Filing 8 MOTION to Remand by all plaintiffs. Responses due by 11/23/2009 (Attachments: #1 Exhibit Motion of Detroit Diesel for Order Extending and Enforcing the Stay, #2 Exhibit Ad Hoc Committee of Asbestos Personal Injury Claimants' Objection to Motion of Detroit Diesel Corporation for Order Extending and Enforcing the Stay, #3 Exhibit Motion to Join the Ad Hoc Committee of Asbestos Personal Injury Claimants' Objection to Motion of Detroit Diesel, #4 Exhibit Transcript of October 6, 2009 Hearing before the US Bankruptcy Court for the Southern District of New York, #5 Exhibit Order Denying Motion of Detroit Diesel for Order Extending and Enforcing the Stay, #6 Text of Proposed Order to Remand)(Dennis, Vanessa) |
Filing 7 Notice of Withdrawal as Attorney Philip T. Newbury terminated. (Smith, Rana) |
Filing 6 STATE COURT RECORD as to Detroit Diesel Corporation. (Attachments: #1 Detriot Diesel Corp's Answer to State Court Complaint)(Smith, Rana) |
Filing 5 NOTICE by Detroit Diesel Corporation of Filing Motion in United States Bankruptcy Court for the Southern District of New York (Attachments: #1 Appendix Notice of Hearing on Motion of Detroit Diesel Corporation for an order Extending and Enforcing the Stay Imposed under 11 U.S.C.)(Larson, Adam) |
TEXT ORDER granting #4 Motion for Extension of Time. So Ordered by Magistrate Judge David L. Martin on 9/9/09. (Saucier, Martha) |
MOTIONS REFERRED: #4 MOTION for an Extension of Time Motion to Exend Time to Provide Certified Copies of the State Court File to This Court and to be Allowed to Certify Only those Documents Pertaining to Detroit Diesel Corporation (Assented to) MOTION for an Extension of Time Motion to Exend Time to Provide Certified Copies of the State Court File to This Court and to be Allowed to Certify Only those Documents Pertaining to Detroit Diesel Corporation (Assented to) referred to Magistrate Judge David L. Martin for determination. (Jackson, Ryan) |
Filing 4 MOTION for an Extension of Time Motion to Exend Time to Provide Certified Copies of the State Court File to This Court and to be Allowed to Certify Only those Documents Pertaining to Detroit Diesel Corporation (Assented to) by Detroit Diesel Corporation. Responses due by 9/21/2009 (Larson, Adam) |
Filing 3 Corporate Disclosure Statement by Detroit Diesel Corporation. (Duhamel, John) |
Filing 2 ANSWER to Complaint by Detroit Diesel Corporation.(Duhamel, John) |
Filing 1 NOTICE OF REMOVAL by Detroit Diesel Corporation from RI Superior Court, Case number; PC 09-0736. ( Filing fee $ 350.00; receipt number 14670001795) (Attachments: #1 State Court Complaint, #2 Service List, #3 Civil Cover Sheet)(Duhamel, John) |
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