Insurance Auto Auctions Inc v. Carteret Fire Department, et al
| Insurance Auto Auctions, Inc. |
| Carteret Fire Department,, Hopelawn Fire Department, Iselin Fire Department #11, Iselin Fire Department #9, Perth Amboy Fire Department, Port Reading Fire Department, South Amboy Fire Department, Sayreville Fire Department, Fords Fire Department, Metuchen Fire Department, Middlesex County Fire Marshal, State of New Jersey, National Foam Inc, John Does 1-99 Abc Corporations 1-99 and Abc Public Entities |
| 2:2022cv02593 |
| August 8, 2022 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 55 NOTICE of Appearance by Lori A Dvorak on behalf of Middlesex County Fire Marshal Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Dvorak, Lori) |
| Filing 54 STATUS REPORT by Carteret Fire Department,. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Shotmeyer, Amy) |
| Filing 53 NOTICE of Appearance by Amy E Shotmeyer on behalf of Carteret Fire Department, Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Shotmeyer, Amy) |
| Filing 52 NOTICE of Appearance by Francis M Ervin, II on behalf of Insurance Auto Auctions, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Ervin, Francis) |
| Filing 51 NOTICE of Appearance by Thomas McRoy Shelley, III on behalf of Insurance Auto Auctions, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Shelley, Thomas) |
| Filing 50 DELETION OF DOCKET ENTRY NUMBER 48 Reason: Attorney filing user refiled in lead docket and spread to applicable member case docket using correct event Corrected Filing Document Number #49 (sshe, ) |
| Filing 49 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Hopelawn Fire Department, Iselin Fire Department #11, Iselin Fire Department #9. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Airgood, Victoria) |
Filing 47
ORDER This Order Relates to Case No. 2:22-cv-02593-RMG. Defendants Iselin Fire Department #9 and Iselin Fire Department #11's motion to remand (Dkt. No. 2524 in 2:18-mn-02873-RMG, 46 in 2:22-cv-02593-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/24/22. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(sshe, )
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| Filing 46 Letter "Notice of Pending Motion to Remand" from Iselin Fire Department #9, Iselin Fire Department #11. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Airgood, Victoria) Modified on 8/15/2022 to add description for event type per document filed (sshe, ). |
| Filing 45 MDL MEMBER CASE OPENED: New Jersey, 2:22-cv-02079, Insurance Auto Auctions Inc v. Carteret Fire Department, et al, as DSC case 2:22-cv-2593-RMG. NOTICE TO COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) is open 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 new Case Management Orders and other new documents posted in the lead case. CMO Nos. 1 - 24, (including 2.A, 3.A, 3.B, 3.C, 3.D, 3.E, 3.F, 4, 4.A, 5.A, 5.B, 5.C, 5.D, 5.E, 6.A, 6.B, 6.C, 6.D, 6.E, 6.F, 10.A, 11.A, 11.B, 12.A, 13.A, 15.A, 16.A, 16.B, 16.C, 16.D, 18.A, 19.A, 19.B, 19-C, 19-D) govern all cases in the MDL proceedings and can be viewed in the Lead case and on the Court's MDL website. Please also read CLERKS NOTICE / NOTICE(s) TO ALL COUNSEL ASSOCIATED WITH MDL 2873 filed in the Lead case. NOTICE of Hearing: Next Status Conference will be in-person set for 9/23/2022 10:00 AM. The conference will be conducted in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Honorable Richard M Gergel. (A dial-in, listen only, number will also be available). See the District Court's website containing information on the MDL at # MDL-2873 (sshe, ) |
| Filing 43 Case transferred in from District of New Jersey; Case Number 2:22-cv-02079. Original file certified copy of transfer order and docket sheet received. |
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Filing 42
Order of MDL Panel transferring case to the District of South Carolina. (In RE: Aqueous Film-Forming Foams Products Liability Litigation MDL 2873 - Judge Richard M. Gergel) (gh, ) [Transferred from New Jersey on 8/8/2022.]
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| Filing 41 Letter from counsel to National Foam, Inc. re #35 Brief in Opposition to Motion,. (SMITH, KEITH) [Transferred from New Jersey on 8/8/2022.] |
| Filing 40 REPLY to Response to Motion filed by ISELIN FIRE DEPARTMENT #11, ISELIN FIRE DEPARTMENT #9 re #19 MOTION to Remand (AIRGOOD, VICTORIA) [Transferred from New Jersey on 8/8/2022.] |
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Filing 39
TEXT ORDER: The Court is in receipt of the Iselin Fire Department's letter (ECF No. 38). Carteret Fire Department's motion to dismiss (ECF No. 27) is administratively terminated without prejudice in light of the consent order entered at ECF No. 26. Carteret Fire Department shall have leave to request reinstatement of their motion to dismiss if this matter is not remanded to State Court. So Ordered by Magistrate Judge Jose R. Almonte on 6/22/2022. (smf) [Transferred from New Jersey on 8/8/2022.]
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| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the #37 Letter Rule 7.1 filed by T. ABBATE on 6/20/2022 can not be granted as the party filing this request is the movant and not the party opposing the motion. This request has been forwarded to Chambers. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 38 Letter re #19 MOTION to Remand , #26 Order, #27 MOTION to Dismiss . (Attachments: #1 Exhibit Consent Order)(AIRGOOD, VICTORIA) [Transferred from New Jersey on 8/8/2022.] |
| Filing 37 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #27 MOTION to Dismiss plaintiff Insurance Auto Auctions, Inc.s Complaint. (ABBATE, THOMAS) [Transferred from New Jersey on 8/8/2022.] |
| Filing 36 BRIEF in Opposition filed by INSURANCE AUTO AUCTIONS, INC. re #27 MOTION to Dismiss (Attachments: #1 Declaration of Mark S. Hanna, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(HANNA, MARK) Modified on 6/21/2022 (wh). [Transferred from New Jersey on 8/8/2022.] |
| Filing 35 BRIEF in Opposition filed by NATIONAL FOAM INC. re #19 MOTION to Remand (Attachments: #1 Text of Proposed Order, #2 Declaration of Keith Smith, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Certificate of Service)(SMITH, KEITH)[Transferred from New Jersey on 8/8/2022.] |
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Filing 34
STIPULATION AND ORDER OF DISMISSAL without prejudice and without costs as to the Defendant FORDS FIRE DEPARTMENT only. FORDS FIRE DEPARTMENT terminated. Signed by Judge Madeline Cox Arleo on 6/1/2022. (wh) [Transferred from New Jersey on 8/8/2022.]
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| Filing 33 STIPULATION of Dismissal as to Fords Fire Department ONLY by FORDS FIRE DEPARTMENT. (WERBEL, JOEL) [Transferred from New Jersey on 8/8/2022.] |
| Reset Deadlines as to #27 MOTION to Dismiss. Motion reset for 7/5/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 32 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by INSURANCE AUTO AUCTIONS, INC. re #27 MOTION to Dismiss (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
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Filing 31
ORDER granting #29 Consent Letter Requesting an Extension of Time. The return date for the #19 MOTION to Remand is 7/18/2022. National Foam's deadline for opposition is extended to 6/7/2022, and the deadline for any reply is 7/11/2022. Signed by Magistrate Judge Jose R. Almonte on 5/26/2022. (wh) [Transferred from New Jersey on 8/8/2022.]
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| Reset Deadlines as to #19 MOTION to Remand. Motion reset for 7/18/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 30 NOTICE of Appearance by VICTORIA J. AIRGOOD on behalf of HOPELAWN FIRE DEPARTMENT (AIRGOOD, VICTORIA) [Transferred from New Jersey on 8/8/2022.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #29 Letter Request filed by K. SMITH on 5/23/2022 was submitted incorrectly as a Motion for Extension of Time to File Response/Reply. For future reference, if filing a Letter Request, please refer to the event "Letter". This is for information purposes only and the appropriate changes have been made by the Clerk's Office. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 29 Consent MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Remand by NATIONAL FOAM INC.. (Attachments: #1 Text of Proposed Order)(SMITH, KEITH) [Transferred from New Jersey on 8/8/2022.] |
| Filing 28 NOTICE of Appearance by PAUL A. LISOVICZ on behalf of INSURANCE AUTO AUCTIONS, INC. (LISOVICZ, PAUL) [Transferred from New Jersey on 8/8/2022.] |
| Set Deadlines as to #27 MOTION to Dismiss. Motion set for 6/21/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 27 MOTION to Dismiss by CARTERET FIRE DEPARTMENT,. Responses due by 6/21/2022 (Attachments: #1 Brief, #2 Declaration of Counsel, #3 Text of Proposed Order, #4 Certificate of Service)(ABBATE, THOMAS) [Transferred from New Jersey on 8/8/2022.] |
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Filing 26
CONSENT ORDER Extending Time to Respond to Complaint. The date for filing an answer or otherwise responding to the Complaint is extended to 5/16/2022. Alternatively, a Defendant may defer filing responsive papers to the Complaint until up to fourteen (14) days following entry of an Order deciding a Motion to Remand. Signed by Magistrate Judge Jose R. Almonte on 5/11/2022. (wh) [Transferred from New Jersey on 8/8/2022.]
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| Filing 25 NOTICE of Appearance by GRACE LEMPKA on behalf of MIDDLESEX COUNTY FIRE MARSHAL (LEMPKA, GRACE) [Transferred from New Jersey on 8/8/2022.] |
| Filing 24 NOTICE of Appearance by STEVEN K. PARNESS on behalf of FORDS FIRE DEPARTMENT (PARNESS, STEVEN) [Transferred from New Jersey on 8/8/2022.] |
| Filing 23 RESPONSE in Support filed by FORDS FIRE DEPARTMENT re #19 MOTION to Remand (WERBEL, JOEL) [Transferred from New Jersey on 8/8/2022.] |
| Filing 22 NOTICE of Appearance by JOEL N. WERBEL on behalf of FORDS FIRE DEPARTMENT (WERBEL, JOEL) [Transferred from New Jersey on 8/8/2022.] |
| Filing 21 Letter from Victoria Airgood. (Attachments: #1 Proposed Consent Order)(AIRGOOD, VICTORIA) [Transferred from New Jersey on 8/8/2022.] |
| Filing 20 Proposed Order by ISELIN FIRE DEPARTMENT #11, ISELIN FIRE DEPARTMENT #9 re #19 MOTION to Remand . (AIRGOOD, VICTORIA) [Transferred from New Jersey on 8/8/2022.] |
| CLERK'S QUALITY CONTROL MESSAGE - A Proposed Order was not submitted with #19 MOTION to Remand submitted by V. AIRGOOD on 5/05/2022. PLEASE SUBMIT THE MISSING DOCUMENT ONLY. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Set Deadlines as to #19 MOTION to Remand. Motion set for 6/6/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 19 MOTION to Remand by ISELIN FIRE DEPARTMENT #11, ISELIN FIRE DEPARTMENT #9. (Attachments: #1 Brief in Support of Motion to Remand, #2 Declaration of Counsel Supporting Motion to Remand, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Certificate of Service)(AIRGOOD, VICTORIA) [Transferred from New Jersey on 8/8/2022.] |
| Filing 18 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. STATE OF NEW JERSEY served on 3/25/2022, answer due 4/18/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 17 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. SOUTH AMBOY FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 16 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. SAYREVILLE FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 15 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. PORT READING FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 14 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. PERTH AMBOY FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 13 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. NATIONAL FOAM INC. served on 4/1/2022, answer due 4/22/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 12 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. MIDDLESEX COUNTY FIRE MARSHAL served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 11 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. METUCHEN FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 10 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. ISELIN FIRE DEPARTMENT #11 served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 9 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. ISELIN FIRE DEPARTMENT #9 served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 8 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. HOPELAWN FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 7 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. FORDS FIRE DEPARTMENT served on 3/30/2022, answer due 4/20/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Filing 6 SUMMONS Returned Executed by INSURANCE AUTO AUCTIONS, INC.. CARTERET FIRE DEPARTMENT, served on 4/1/2022, answer due 4/22/2022. (HANNA, MARK) [Transferred from New Jersey on 8/8/2022.] |
| Clerk`s Text Order - The document #5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by NATIONAL FOAM INC. has been DENIED. The Application is out of time, as the time to respond expired on 4/22/2022. (wh) [Transferred from New Jersey on 8/8/2022.] |
| Filing 5 Application and Proposed Order for Clerk's Order to extend time to answer as to respond to Complaint of Plaintiff. Attorney KEITH E. SMITH for NATIONAL FOAM INC. added. (SMITH, KEITH) [Transferred from New Jersey on 8/8/2022.] |
| Filing 4 NOTICE of Appearance by JOHN JOSEPH ZUNIN on behalf of CARTERET FIRE DEPARTMENT, (ZUNIN, JOHN) [Transferred from New Jersey on 8/8/2022.] |
| Filing 3 NOTICE of Appearance by THOMAS A. ABBATE on behalf of CARTERET FIRE DEPARTMENT, (ABBATE, THOMAS) [Transferred from New Jersey on 8/8/2022.] |
| Case assigned to Judge Madeline Cox Arleo and Magistrate Judge Jose R. Almonte. (jr) [Transferred from New Jersey on 8/8/2022.] |
| Filing 2 Corporate Disclosure Statement by NATIONAL FOAM INC. identifying Angus International Safety Group Limited as Corporate Parent.. (SMITH, KEITH) [Transferred from New Jersey on 8/8/2022.] |
| Filing 1 NOTICE OF REMOVAL by NATIONAL FOAM INC. from Superior Court of New Jersey, Law Division: Middlesex County, case number MID-L-1809-21. ( Filing and Admin fee $ 402 receipt number ANJDC-13324203), filed by NATIONAL FOAM INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(SMITH, KEITH) [Transferred from New Jersey on 8/8/2022.] |
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