Hebrank et al v. City of Newburgh
Plaintiff: Diane Hebrank, Ronald Hebrank, Roy Hamilton, Michael Gorenstein and Maribel Hamilton
3Rd Party Defendant: National Express LLC, United Technologies Corporation, John Does 1-10, Angus Fire Armour Corporation, Angus International Safety Group, Ltd., Port Authority of New York and New Jersey, Chubb Fire, Ltd., Fire Service Plus, Inc., Kidde PLC, Inc., SWF Airport Acquisition, Inc., Buckeye Fire Equipment Company, Kidde-Fenwalfire Fighting, Inc., National Express Group, PLC, Atlantic Aviation FBO Holdings LLC, National Foam. Inc., Tyco Fire Products L.P., successor-in-interest to The Ansul Company, The 3M Company (f/k/a Minnesota Mining and Manufacturing, Co), Chemguard Inc and Federal Express Corporation
3Rd Party Plaintiff: City of Newburgh
Case Number: 2:2019cv02219
Filed: August 8, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Tort Product Liability
Cause of Action: 28:1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2019 Filing 24 CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. An AMENDED COMPLAINT is to be filed in the member case only. When this document adds new defendant parties not currently listed as a party on the member case docket, the attorney filing user is to add each New Party, at the time of filing. ECF will prompt with "Please select the party that this filing is against"; the attorney filing user should choose to add each New Party and Select the Party at that time. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
October 1, 2019 Filing 23 NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Reply briefs are discouraged in the District of South Carolina, and any reply brief shall be submitted within seven (7) days of service of the responsive brief. Local Rule 7.07 D.S.C. Absent specific extenuating circumstances, the Court will not grant a motion, opposed or on consent, for an extension to file a reply brief. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
September 9, 2019 Filing 22 STATUS REPORT Statement of Affirmative Defenses by City of Newburgh.(Jacobs, Sanford) Filing corrected for event type and ***Refiled correctly in management case and spread to applicable member case(s), per Judge's filing instructions. Clerk instructs attorney filing user to file correctly (and list the applicable member case number(s) on document(s)) for all future filings.*** Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(sshe, )
September 4, 2019 Filing 21 STIPULATION Extending Time to Respond to Third-Party Complaint by Atlantic Aviation FBO Holdings LLC. (Kuhn, Jeffrey) ***Refiled correctly in management case and spread to applicable member case(s), per Judge's filing instructions. Clerk instructs attorney filing user to file correctly for all future filings.*** Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(sshe, )
September 4, 2019 Filing 20 NOTICE of Appearance by Jeffrey D Kuhn on behalf of Atlantic Aviation FBO Holdings LLC (Kuhn, Jeffrey) ***Refiled correctly in management case and spread to applicable member case(s), per Judge's filing instructions. Clerk instructs attorney filing user to file correctly for all future filings.*** Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(sshe, )
August 30, 2019 Filing 19 STATUS REPORT Statement of Affirmative Defenses by Federal Express Corporation. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03358-RMG, 2:19-cv-02219-RMG(Huang, Jennifer)
August 30, 2019 Filing 18 STATUS REPORT Statement of Affirmative Defenses by The Port Authority of New York and New Jersey. Associated Cases: 2:18-mn-02873-RMG et al.(Knauer, Elizabeth)
August 30, 2019 Filing 17 STATUS REPORT by National Express LLC. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03358-RMG, 2:19-cv-02219-RMG(Rowe, Kristin)
August 19, 2019 Filing 16 NOTICE of Voluntary Dismissal by City of Newburgh as against Fire Service Plus, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(Walsh, John)
August 16, 2019 Filing 15 Letter from Kristin Carter Rowe for National Express LLC. Refiled correctly in management case and spread to applicable member case(s), per Judge's filing instructions. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(sshe, )
August 16, 2019 Filing 14 NOTICE of Appearance by Dean Stuart Sommer on behalf of National Express LLC (Attachments: #1 Certificate of Service) Refiled correctly in management case and spread to applicable member case(s), per Judge's filing instructions. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(sshe, )
August 16, 2019 Filing 13 NOTICE of Appearance by Kristin Carter Rowe on behalf of National Express LLC. Refiled correctly in management case and spread to applicable member case(s), per Judge's filing instructions. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02219-RMG(sshe, )
August 9, 2019 Filing 12 MDL MEMBER CASE OPENED: New York Southern, 7:19-cv-06802, Hebrank et al v. City of Newburgh, as DSC case 2:19-cv-2219-RMG. NOTICE TO ALL COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) has been opened as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. Counsel will be notified by Liaison Counsel re Case Management Orders and other documents posted in the lead case. CMO Nos. 1 - 5 (including 2.A, 3.A, 3.B) govern all cases in the MDL proceedings and can be viewed on the Court's MDL website. NOTICE of Hearing: Next Status Conference set for 9/6/2019 9:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. See the District Court's website containing information on the MDL at # MDL-2873 (sshe, )
August 9, 2019 Filing 11 Case transferred in from District of New York Southern; Case Number 7:19-cv-06802. Original file certified copy of transfer order and docket sheet received.
August 8, 2019 MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of South Carolina. (sjo) [Transferred from New York Southern on 8/9/2019.]
August 8, 2019 Filing 10 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of South Carolina. (Signed by MDL Panel on 08/05/2019) (sjo) [Transferred from New York Southern on 8/9/2019.]
August 5, 2019 Filing 9 NOTICE OF APPEARANCE by Sanford Gregg Jacobs on behalf of City of Newburgh. (Jacobs, Sanford) [Transferred from New York Southern on 8/9/2019.]
July 31, 2019 Filing 8 NOTICE OF APPEARANCE by John J. Walsh, II on behalf of City of Newburgh. (Walsh, John) [Transferred from New York Southern on 8/9/2019.]
July 24, 2019 Filing 7 CIVIL COVER SHEET filed. (Fleming, Douglas) [Transferred from New York Southern on 8/9/2019.]
July 24, 2019 Opinion or Order Filing 6 STIPULATION EXTENDING TIME TO RESPOND TO THIRD PARTY COMPLAINT: IT IS HEREBY STIPULATED by and between the parties and their undersigned counsel that the time for Third-Party Defendants 3M Company, Tyco Fire Products LP, Chemguard, Inc., Buckeye Fire Equipment Company, National Foam, Inc., the Federal Express Corporation, United Technologies Corporation, Kidde-Fenwal, Inc., Kidde PLC Inc., Chubb Fire, Ltd., National Express, LLC, and the Port Authority of New York and New Jersey to answer, move, or otherwise respond to the Third-Party Complaint filed by Third-Party Plaintiff City of Newburgh, be and hereby is extended through and including the 30th day after a disposition by the Judicial Panel on Multidistrict Litigation on transfer of this action to the pending Multidistrict Litigation. If the matter is transferred, the parties agree that any pleadings deadlines shall be subject to orders entered in the MDL. (Signed by Judge Cathy Seibel on 7/24/2019) (mml) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Roy Hamilton, Maribel Hamilton added. Party added pursuant to #5 Notice of Removal,.Document filed by Roy Hamilton, Maribel Hamilton. Related document: #5 Notice of Removal,.(Fleming, Douglas) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 Case Designated ECF. (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas E. Fleming, III. The party information for the following party/parties has been modified: Maribel Hamilton; Roy Hamilton. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was entered incorrectly. (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas E. Fleming, III. The following case opening statistical information was erroneously selected/entered: County code Orange;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Douglas E. Fleming, III to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the similar case number is on the incorrect section of the PDF;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Douglas E. Fleming, III re: Document No. #5 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. add parties Maribel Hamilton and Roy Hamilton with party text 'individually';. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) [Transferred from New York Southern on 8/9/2019.]
July 23, 2019 Filing 5 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Orange. Case Number: EF007713-2017..Document filed by Chemguard, Inc., Tyco Fire Products L.P., successor-in-interest to The Ansul Company. (Attachments: #1 Exhibit A- Third Party Summons and Complaint, #2 Exhibit B- September 2017 MilSpec)(Fleming, Douglas) [Transferred from New York Southern on 8/9/2019.]
July 22, 2019 Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by The 3M Company (f/k/a Minnesota Mining and Manufacturing, Co). (Calica, Andrew) [Transferred from New York Southern on 8/9/2019.]
July 22, 2019 Filing 3 NOTICE OF APPEARANCE by Andrew Jonathan Calica on behalf of The 3M Company (f/k/a Minnesota Mining and Manufacturing, Co). (Calica, Andrew) [Transferred from New York Southern on 8/9/2019.]
July 22, 2019 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Fleming, Douglas) Modified on 7/23/2019 (jgo). [Transferred from New York Southern on 8/9/2019.]
July 22, 2019 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Orange. Case Number: EF007713-2017. (Filing Fee $ 400.00, Receipt Number ANYSDC-17289184).Document filed by City of Newburgh. (Attachments: #1 Exhibit A- Third Party Summons and Complaint, #2 Exhibit B- September 2017 MilSpec.)(Fleming, Douglas) Modified on 7/23/2019 (jgo). [Transferred from New York Southern on 8/9/2019.]

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Search for this case: Hebrank et al v. City of Newburgh
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Plaintiff: Diane Hebrank
Represented By: Paul J Napoli
Represented By: Tate J Kunkle
Represented By: Patrick James Lanciotti
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Plaintiff: Ronald Hebrank
Represented By: Paul J Napoli
Represented By: Tate J Kunkle
Represented By: Patrick James Lanciotti
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Plaintiff: Roy Hamilton
Represented By: Paul J Napoli
Represented By: Tate J Kunkle
Represented By: Patrick James Lanciotti
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Plaintiff: Michael Gorenstein
Represented By: Paul J Napoli
Represented By: Tate J Kunkle
Represented By: Patrick James Lanciotti
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Plaintiff: Maribel Hamilton
Represented By: Paul J Napoli
Represented By: Tate J Kunkle
Represented By: Patrick James Lanciotti
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3rd party defendant: National Express LLC
Represented By: Kristin Carter Rowe
Represented By: Dean Stuart Sommer
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3rd party defendant: United Technologies Corporation
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3rd party defendant: John Does 1-10
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3rd party defendant: Angus Fire Armour Corporation
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3rd party defendant: Angus International Safety Group, Ltd.
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3rd party defendant: Port Authority of New York and New Jersey
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3rd party defendant: Chubb Fire, Ltd.
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3rd party defendant: Fire Service Plus, Inc.
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3rd party defendant: Kidde PLC, Inc.
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3rd party defendant: SWF Airport Acquisition, Inc.
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3rd party defendant: Buckeye Fire Equipment Company
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3rd party defendant: Kidde-Fenwalfire Fighting, Inc.
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3rd party defendant: National Express Group, PLC
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3rd party defendant: Atlantic Aviation FBO Holdings LLC
Represented By: Jeffrey D Kuhn
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3rd party defendant: National Foam. Inc.
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3rd party defendant: Tyco Fire Products L.P., successor-in-interest to The Ansul Company
Represented By: Douglas E Fleming, III
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3rd party defendant: The 3M Company (f/k/a Minnesota Mining and Manufacturing, Co)
Represented By: Andrew Jonathan Calica
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3rd party defendant: Chemguard Inc
Represented By: Douglas E Fleming, III
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3rd party defendant: Federal Express Corporation
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3rd party plaintiff: City of Newburgh
Represented By: Sanford Gregg Jacobs
Represented By: John J Walsh, II
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