Philyaw et al v. Honeywell International Inc
Philyaw, Varon V Philyaw and Joyce Bowen Philyaw |
3M Company, CBS Corporation, Georgia-Pacific LLC, Goodrich Corporation, Honeywell International Inc, Meritor Inc, Air & Liquid Systems Corporation, Borg Warner Morse Tec Inc, Westinghouse Corporation, Viacom Inc, Dana Companies LLC, Ford Motor Company, Foster Wheeler Energy Corporation, General Electric Company, Genuine Parts Company, Georgia-Pacific Corporation, BF Goodrich Company, Goodyear Tire & Rubber Company, The, Allied-Signal Inc, IMO Industries Inc, Lennox Industries Inc, Mack Trucks Inc, Maremont Corporation, Metropolitan Life Insurance Company, Union Carbide Corporation and Wagner Electric Company |
8:2016cv03160 |
September 19, 2016 |
US District Court for the District of South Carolina |
Anderson/Greenwood Office |
Anderson |
Donald C Coggins |
Henry M Herlong |
P.I. : Asbestos |
28 U.S.C. § 1332 Diversity-Personal Injury |
Both |
Docket Report
This docket was last retrieved on January 29, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 244 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within ninety (90) days, to reinstate the action if settlement is not consummated. Signed by Honorable Donald C Coggins, Jr on 1/29/2018. (abuc) |
Filing 242 Withdrawal of Motions: #241 MOTION to Dismiss Remaining Defendants filed by Varon V Philyaw, Joyce Bowen Philyaw.. (Swett, William) |
Filing 241 MOTION to Dismiss Remaining Defendants by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 2/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Swett, William) |
Filing 240 TEXT ORDER granting #239 motion to extend deadlines. Plaintiff's response to Defendant's #215 Motion to Dismiss and #219 Motion to Exclude are due by January 30, 2018.(abuc) |
Filing 239 Consent MOTION for Extension of Time to File Response/Reply as to #215 MOTION to Dismiss for Lack of Jurisdiction , #219 MOTION to Exclude Plaintiffs' Expert's Causation Testimony by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 1/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Swett, William) |
Filing 238 Case Reassigned to Judge Donald C Coggins, Jr. Judge Timothy M Cain no longer assigned to the case. (suro, ) |
Filing 237 TEXT ORDER granting #236 Consent Motion for Extension of Time; granting #236 Motion to Stay Scheduling Order Deadlines. Plaintiff's response to Defendant's #215 Motion to Dismiss, and #219 Motion to Exclude are due by January 16, 2018. Entered at the direction of the Honorable Timothy M Cain on 10/13/17.(kmca) |
Filing 236 Consent MOTION for Extension of Time to respond to #215 Motion to Dismiss, #219 Motion to Exclude; Consent MOTION to Stay scheduling order deadlines by Honeywell International Inc. Response to Motion due by 10/26/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Glenn, James). Added MOTION to Stay on 10/12/2017: to add additional relief listed on document; added link to #215 and #219 motions (kmca). |
Filing 235 TEXT ORDER granting #234 Consent Motion for Extension of Time to File Response re #215 MOTION to Dismiss for Lack of Jurisdiction, #219 MOTION to Exclude Plaintiffs' Expert's Causation Testimony. (Response to Motion due by 10/23/2017). TEXT ORDER granting #234 Consent Motion for Extension of Time to submit pretrial briefs to 11/3/17, jury selection to 11/13/17. Entered at the direction of the Honorable Timothy M Cain on 9/18/17.(kmca) |
Filing 234 Consent MOTION for Extension of Time to File Response as to #215 MOTION to Dismiss for Lack of Jurisdiction, and, #219 MOTION to Exclude Plaintiffs' Expert's Causation Testimony Dr. Arthur Frank; Consent MOTION to extend deadline for submission of pretrial briefs, by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 10/2/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Swett, William). Added MOTION for Extension of Time-pretrial briefs on 9/18/2017: to add additional relief listed on document (kmca). |
Filing 232 ANSWER to #227 Amended Complaint, by Honeywell International Inc.(Glenn, James) |
Filing 229 TEXT ORDER granting #228 Consent Motion for Extension of Time to File Response/Reply. Plaintiff shall have until September 22, 2017, to file responses to Defendant's Motion to Dismiss for Lack of Jurisdiction (ECF No. #215 ) and Defendant's Motion to Exclude Plaintiffs' Expert's Causation Testimony (ECF No. #219 ). Signed by Honorable Timothy M. Cain on 8/25/2017. (vmcd) |
Filing 228 Consent MOTION for Extension of Time to File Response/Reply as to #215 MOTION to Dismiss for Lack of Jurisdiction , #219 MOTION to Exclude Plaintiffs' Expert's Causation Testimony until September 22, 2017 by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 9/8/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Swett, William) |
Filing 227 AMENDED COMPLAINT against Honeywell International Inc to add Wrongful Death cause of action, filed by Joyce Bowen Philyaw, Varon V Philyaw. Service due by 11/27/2017 (Attachments: #1 Exhibit A- Written Consent) (Swett, William) Modified on 8/28/2017: to add text (kmca). |
Filing 226 Joint STIPULATION of Dismissal Without Prejudice as to Dana Companies, LLC; Borgwarner Morse Tec LLC; Metropolitan Life Insurace Co.; and Union Carbide Corporation ONLY by Joyce Bowen Philyaw, Varon V Philyaw, Borg Warner Morse Tec Inc, Metropolitan Life Insurance Company, Dana Companies LLC, Union Carbide Corporation. (Swett, William) Modified on 8/28/2017: to add joint filers listed on document (kmca). |
Filing 224 Withdrawal of Motions: #218 MOTION to Exclude Causation Testimony of Dr. Ghio filed by Varon V Philyaw, Joyce Bowen Philyaw.. (Swett, William) |
Filing 220 Joint STIPULATION of Dismissal Without Prejudice of Goodrich Corporation ONLY by Goodrich Corporation, Joyce Bowen Philyaw, Varon V Philyaw. (Herns, Louis) Modified on 8/22/2017: to add joint filers listed on document, to add "joint" (kmca). |
Filing 219 MOTION to Exclude Plaintiffs' Expert's Causation Testimony by Honeywell International Inc. Response to Motion due by 9/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Brody Report, #2 Exhibit 2 - Philyaw Disc. Dep. Vol.1, #3 Exhibit 3 - Philyaw Disc. Dep. Vol. 2, #4 Exhibit 4 - Philyaw Video Dep., #5 Exhibit 5 - McCaffery Report, #6 Exhibit 6 - Alexander Affidavit, #7 Exhibit 7 - Frank Report-Philyaw, #8 Exhibit 8 - Frank Depo - Taylor v. Georgia-Pacific, #9 Exhibit 9 - Frank Depo Smock v. 3M, #10 Exhibit 10 - Frank Frye Hearing - In re: Asbestos Litigation, #11 Exhibit 11 - Frank Depo - Dietz v. ACandS, #12 Exhibit 12 - Frank Depo - Philyaw v. 3M, #13 Exhibit 13 - Frank Depo - Nakata v. Honeywell, #14 Exhibit 14 - Frank Depo - Burke v. ACandS, #15 Exhibit 15 - Frank Trial Testimony - Ferrell v. Honeywell, #16 Exhibit 16 - Frank Depo - Kirkland v. Ford, #17 Exhibit 17 - Frank Depo - Smith v. Georgia-Pacific, #18 Exhibit 18 - Frank Trial Testimony - Eckert v. Kentucky Motor Service, #19 Exhibit 19 - Frank Trial Testimony - Vega v. Georgia-Pacific, #20 Exhibit 20 - Frank Depo - Douthey v. A.W. Chesterton, #21 Exhibit 21 - Asbestos Litigation, Certain Asbestos Friction Cases, #22 Exhibit 22 - Daly v. Arvinmeritor, #23 Exhibit 23 - Mannahan v. Caterpillar, #24 Exhibit 24 - In re Asbestos Litigation Texas)No proposed order.(Meriwether, Robert) (Attachment 23 replaced on 8/22/2017: to replace with legible copy per filing user) (kmca). |
Filing 218 MOTION to Exclude Causation Testimony of Dr. Ghio by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 9/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Ghio Report, #2 Exhibit B- Philyaw Dep. Vol. 3, #3 Exhibit C- Philyaw Dep. Vol. 1, #4 Exhibit D- Philyaw Dep. Vol. 2, #5 Exhibit E- Bellopatrick Bendix Dep., #6 Exhibit F- Watson Report, #7 Exhibit G- Ghio Deposition, #8 Exhibit H- DePasquale Report, #9 Exhibit I- EPA Gold Book, #10 Exhibit J- Dr. Frank Dep., #11 Exhibit K- Helsinki Criteria, #12 Exhibit L- Roggli Dep)No proposed order.(Swett, William) |
Filing 216 Joint STIPULATION of Dismissal Without Prejudice by Air & Liquid Systems Corporation, Joyce Bowen Philyaw, Varon V Philyaw. (Meriwether, Robert) Modified on 8/17/2017: to add joint filers listed on document, to add "joint" (kmca). |
Filing 215 MOTION to Dismiss for Lack of Jurisdiction by Honeywell International Inc. Response to Motion due by 8/30/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Its Motion to Dismiss for Lack of Personal Jurisdiction, #2 Exhibit A - Discovery Depo of Varon Philyaw Vol. 1, November 3, 2016, #3 Exhibit B - Discovery Depo of Varon Philyaw, Vol. 2, November 4, 2016, #4 Exhibit C - Video Depo of Varon Philyaw, November 4, 2016, #5 Exhibit D - Affidavit of Varon Philyaw, November 4, 2016, #6 Exhibit E - Report of Christopher DePasquale, March 8, 2017, #7 Exhibit F - Depo of Christopher DePasquale, June 27, 2017, #8 Exhibit G - Affidavit of Susan Giniger, August 14, 2017)No proposed order.(Meriwether, Robert) (Attachments 1, 2, 3, 6, and 7 replaced on 8/17/2017: to replace with corrected documents as provided by filing user) (kmca). |
Filing 213 Joint STIPULATION of Dismissal Without Prejudice as to Maremont Corporation Only by Maremont Corporation, Joyce Bowen Philyaw, Varon V Philyaw. (Early, William) Modified on 8/10/2017: to add joint filers listed on document, to add text (kmca). |
Filing 211 TEXT ORDER granting #210 Motion to Appear Pro Hac Vice. Attorney Melissa J Tea added for Defendant Honeywell International Inc. Entered at the direction of the Honorable Timothy M Cain on 8/4/17.(kmca) |
Filing 210 MOTION to Appear Pro Hac Vice by Melissa J. Tea ( Filing fee $ 250 receipt number 0420-7291821) by Honeywell International Inc. Response to Motion due by 8/18/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Application/Affidavit, #2 Exhibit 2 - Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Phillips, G) |
Filing 208 Joint STIPULATION of Dismissal With Prejudice as to Defendant Genuine Parts Company - only by Genuine Parts Company, Joyce Bowen Philyaw, Varon V Philyaw. (Coates, William) Modified on 7/31/2017: to add text, to add joint filers listed on document (kmca). |
Filing 206 Joint STIPULATION of Dismissal Without Prejudice by Lennox Industries Inc, Joyce Bowen Philyaw, Varon V Philyaw. (Herns, Louis) (Main Document 206 replaced on 7/28/2017: to replace with corrected document as provided by filing user). Modified on 7/28/2017: to add joint filers listed on document (kmca). |
Filing 204 DEFENDANT'S ID OF EXPERT WITNESSES by Honeywell International Inc.(Glenn, James) |
Filing 202 Joint STIPULATION of Dismissal With Prejudice by IMO Industries Inc, Joyce Bowen Philyaw, Varon V Philyaw. (Collins, William) Modified on 6/27/2017: to add joint filers listed on document, to add "joint" (kmca). (Main Document 202 replaced on 6/27/2017: to correct case number-Judge's initials) (kmca). |
Filing 200 STIPULATION of Dismissal With Prejudice by Georgia-Pacific LLC, Joyce Bowen Philyaw, Varon V Philyaw (Meriwether, Robert) Modified on 6/19/2017 to add parties listed as filers (alew, ). |
Filing 199 DEFENDANT'S Supplemental ID OF EXPERT WITNESSES by Dana Companies LLC.(kmca) Document re-filed by clerk to correct event. (kmca) |
Filing 198 DEFENDANT'S ID OF EXPERT WITNESSES by Dana Companies LLC.(Frick, Scott) Modified on 5/31/2017: see #199 Supplemental (kmca). |
Filing 197 DEFENDANT'S ID OF EXPERT WITNESSES by Lennox Industries Inc.(Herns, Louis) |
Filing 196 DEFENDANT'S ID OF EXPERT WITNESSES by Borg Warner Morse Tec Inc.(Herns, Louis) |
Filing 195 DEFENDANT'S ID OF EXPERT WITNESSES by Maremont Corporation.(Early, William) |
Filing 194 DEFENDANT'S ID OF EXPERT WITNESSES by Goodrich Corporation.(Herns, Louis) |
Filing 193 DEFENDANT'S ID OF EXPERT WITNESSES by Genuine Parts Company.(Coates, William) |
Filing 191 TEXT ORDER granting #190 Motion for Extension of Time as to the filing of Defendant's Id of Experts. Deadline extended up to and including 7/3/17. Signed by Honorable Timothy M Cain on 5/12/17.(alew, ) |
Filing 190 Consent MOTION for Extension of Time to identify Experts by Honeywell International Inc. Response to Motion due by 5/26/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Phillips, G) (Main Document 190 replaced on 5/12/2017) (alew, ). Modified on 5/12/2017 to replace with corrected document provided by filing user (alew, ). |
Filing 187 Joint STIPULATION of Dismissal With Prejudice of Foster Wheeler Energy Corporation ONLY by Foster Wheeler Energy Corporation, Joyce Bowen Philyaw, Varon V Philyaw. (Techman, Jennifer) Modified on 5/2/2017: to add joint filers listed on document, to add "joint" and "only" (kmca). |
Filing 185 NOTICE of Appearance by G Mark Phillips on behalf of Air & Liquid Systems Corporation, Honeywell International Inc (Phillips, G) |
Filing 183 Joint STIPULATION of Dismissal With Prejudice as to Mack Trucks, Inc. by Mack Trucks Inc, Joyce Bowen Philyaw, Varon V Philyaw. (Techman, Jennifer) Modified on 4/10/2017: to add joint filers listed on document, to add "joint" (kmca). |
Filing 181 NOTICE of Request for Protection from Court Appearance by William Alexander Coates for 7/20/17-7/31/17 (Coates, William) (Main Document 181 replaced on 4/4/2017: to correct case number-Judge's initials) (kmca). |
Filing 180 STIPULATION of Dismissal With Prejudice as to General Electric Company by General Electric Company. (Techman, Jennifer) |
Filing 178 STIPULATION of Dismissal With Prejudice Ford Motor Company by Joyce Bowen Philyaw, Varon V Philyaw. (Swett, William) |
Filing 176 Joint STIPULATION of Dismissal With Prejudice as to CBS Corporation by CBS Corporation, Joyce Bowen Philyaw, Varon V Philyaw. (Techman, Jennifer) Modified on 3/30/2017: to add joint filers listed on document; to add "joint" (kmca). |
Filing 175 TEXT ORDER granting #174 Consent Motion for Extension of Time to File Response to #171 MOTION to Dismiss for Lack of Jurisdiction. Response to #171 Motion due by 4/24/2017. Entered at the direction of the Honorable Timothy M Cain on 3/15/17.(kmca) |
Filing 174 Consent MOTION for Extension of Time to File Response/Reply as to #171 MOTION to Dismiss for Lack of Jurisdiction by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 3/29/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Swett, William) |
Filing 173 PLAINTIFF'S ID OF EXPERT WITNESSES by Joyce Bowen Philyaw, Varon V Philyaw.(Swett, William) |
Filing 172 Additional Attachments to Main Document #171 MOTION to Dismiss for Lack of Jurisdiction . First attachment description: Memorandum in Support of Defendant Ford Motor Company's Motion to Dismiss . (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Plaintiff, #2 Exhibit 2 - Oversen v. Kelles Transp. Serv., Inc., #3 Exhibit 3 - Smith v. Union Carbide Corp.)(Earle, Nathaniel) |
Filing 171 MOTION to Dismiss for Lack of Jurisdiction by Ford Motor Company. Response to Motion due by 3/20/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Earle, Nathaniel) Modified on 3/6/2017: see #172 Memo in Support and Exhibits (kmca). |
Filing 170 CONSENT AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 3/24/2017, Defendants ID of Expert Witnesses Due by 5/22/2017, Records Custodian Affidavit due by 5/22/2017, Discovery due by 7/24/2017, Motions due by 8/21/2017, Jury Selection Deadline 10/10/2017. Signed by Honorable Timothy M Cain on 2/27/17. (kmca) |
Filing 169 TEXT ORDER granting #168 Consent Motion to Amend/Correct #100 Scheduling Order. Entered at the direction of the Honorable Timothy M Cain on 2/27/17.(kmca) |
Filing 168 Consent MOTION to Amend/Correct #100 Scheduling Order,, by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 3/10/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Swett, William) |
Filing 165 NOTICE of Voluntary Dismissal of Defendant Wagner Electric Company by Joyce Bowen Philyaw, Varon V Philyaw (Swett, William) Modified on 1/3/2017: to add text (kmca). |
Filing 163 CERTIFICATE OF SERVICE by Joyce Bowen Philyaw, Varon V Philyaw Notice of Service of Plaintiffs' Rule 26(a)(1) Initial Disclosures (Swett, William) |
Filing 162 ADR STATEMENT/CERTIFICATION by Metropolitan Life Insurance Company(Wall, Mark) |
Filing 161 Local Rule 26.03 Answers to Interrogatories by Metropolitan Life Insurance Company.(Wall, Mark) |
Filing 160 Local Rule 26.03 Answers to Interrogatories by Ford Motor Company.(kmca) Document re-filed by clerk to correct event at request of filing user (kmca) Modified on 12/16/2016: to change document number back to 160 (kmca). |
Filing 159 ADR STATEMENT/CERTIFICATION by Ford Motor Company(Earle, Nathaniel) |
Filing 157 Local Rule 26.03 Answers to Interrogatories by Maremont Corporation.(Early, William) |
Filing 156 ADR STATEMENT/CERTIFICATION by Mack Trucks Inc(Techman, Jennifer) (Main Document 156 replaced on 12/9/2016: to correct case number-Judge's initials) (kmca). |
Filing 155 ADR STATEMENT/CERTIFICATION by CBS Corporation(Techman, Jennifer) (Main Document 155 replaced on 12/9/2016: to correct case number-Judge's initials) (kmca). |
Filing 154 Local Rule 26.03 Answers to Interrogatories by Lennox Industries Inc.(Herns, Louis) |
Filing 153 ADR STATEMENT/CERTIFICATION by General Electric Company(Techman, Jennifer) |
Filing 152 Local Rule 26.03 Answers to Interrogatories by Goodrich Corporation.(Herns, Louis) |
Filing 151 ADR STATEMENT/CERTIFICATION by Foster Wheeler Energy Corporation(Techman, Jennifer) (Main Document 151 replaced on 12/9/2016: to correct case number-Judge's initials) (kmca). |
Filing 150 Local Rule 26.03 Answers to Interrogatories by Borg Warner Morse Tec Inc.(Herns, Louis) |
Filing 149 Local Rule 26.01 Answers to Interrogatories by Metropolitan Life Insurance Company.(Wall, Mark) (Main Document 149 replaced on 12/8/2016: to replace with corrected document as provided by filing user) (kmca). |
Filing 148 ADR STATEMENT/CERTIFICATION by Borg Warner Morse Tec Inc, Goodrich Corporation, Lennox Industries Inc(Herns, Louis) (Main Document 148 replaced on 12/9/2016: to correct case number-Judge's initials) (kmca). |
Filing 147 ADR STATEMENT/CERTIFICATION by Maremont Corporation(Early, William) (Main Document 147 replaced on 12/9/2016: to correct case number-Judge's initials) (kmca). |
Filing 146 ADR STATEMENT/CERTIFICATION by Dana Companies LLC, Union Carbide Corporation(Frick, Scott) |
Filing 145 ADR STATEMENT/CERTIFICATION by Genuine Parts Company(Coates, William) |
Filing 144 Local Rule 26.03 Answers to Interrogatories by Genuine Parts Company.(Coates, William) |
Filing 143 Local Rule 26.03 Answers to Interrogatories by Dana Companies LLC.(Frick, Scott) (Main Document 143 replaced on 12/8/2016: to replace with corrected document as provided by filing user) (kmca). |
Filing 142 Local Rule 26.01 Answers to Interrogatories by Dana Companies LLC.(Frick, Scott) |
Filing 141 Local Rule 26.03 Answers to Interrogatories by Union Carbide Corporation.(Frick, Scott) (Main Document 141 replaced on 12/8/2016: to replace with corrected document as provided by filing user) (kmca). |
Filing 140 Local Rule 26.01 Answers to Interrogatories by Union Carbide Corporation.(Frick, Scott) |
Filing 139 ADR STATEMENT/CERTIFICATION by Air & Liquid Systems Corporation, Georgia-Pacific LLC, Honeywell International Inc(Meriwether, Robert) |
Filing 138 ADR STATEMENT/CERTIFICATION Alternative Dispute Resolution (ADR) Statement and Certification by Joyce Bowen Philyaw, Varon V Philyaw(Swett, William) |
Filing 136 MEDIATION ORDER. Mediation Due by 8/7/2017. Signed by Honorable Timothy M Cain on 12/7/16. (kmca) |
Filing 134 NOTICE OF CHANGE OF CASE NUMBER. New case number is 8-16-cv-3160-TMC. Please make a note of it for all future filings as well as Judge's preferences. (kmca) |
Filing 133 Case Reassigned to Judge Timothy M Cain. Judge Henry M Herlong, Jr no longer assigned to the case. (suro) |
Filing 132 Joint Rule 26(f) Report by Joyce Bowen Philyaw, Varon V Philyaw, Dana Companies LLC, Union Carbide Corporation, CBS Corporation, Foster Wheeler Energy Corporation, General Electric Company, Mack Trucks Inc, Air & Liquid Systems Corporation, Georgia-Pacific LLC, Honeywell International, Genuine Parts Company, Ford Motor Company, Metropolitan Life Insurance Company, Borg-Warner Morse Tec Inc, Goodrich Corporation, Lennox Industries Inc, Maremont Corporation, IMO Industries Inc. (Attachments: #1 Proposed Consent Amended Scheduling Order)(Swett, William) (Attachment 1 replaced on 12/7/2016: to replace with corrected document as provided by filing user). Modified on 12/7/2016: to add filers listed on document; to remove Attachment #2 Exhibit A-Stipulated Protective Order; to remove duplicate text Attachment #1 (kmca). |
Filing 131 Local Rule 26.03 Answers to Interrogatories by Joyce Bowen Philyaw, Varon V Philyaw.(Swett, William) |
Filing 130 Local Rule 26.03 Answers to Interrogatories by Honeywell International Inc.(Meriwether, Robert) |
Filing 129 Local Rule 26.03 Answers to Interrogatories by Georgia-Pacific LLC.(Meriwether, Robert) |
Filing 128 Local Rule 26.03 Answers to Interrogatories by Air & Liquid Systems Corporation.(Meriwether, Robert) |
Filing 127 Mack Trucks, Inc.'s Local Rule 26.03 Answers to Interrogatories by Mack Trucks Inc.(Techman, Jennifer) |
Filing 126 General Electric Company's Local Rule 26.03 Answers to Interrogatories by General Electric Company.(Techman, Jennifer) |
Filing 125 Foster Wheeler Energy Corporation's Local Rule 26.03 Answers to Interrogatories by Foster Wheeler Energy Corporation.(Techman, Jennifer) |
Filing 124 CBS Corporation's Local Rule 26.03 Answers to Interrogatories by CBS Corporation.(Techman, Jennifer) |
Filing 118 TEXT ORDER granting #117 Motion to Dismiss The Goodyear Tire & Rubber Company without prejudice with each party to bear their own costs. Signed by Honorable Henry M Herlong, Jr on 11/22/16.(sfla) |
Filing 117 Joint MOTION to Dismiss Without Prejudice by Goodyear Tire & Rubber Company, The. Response to Motion due by 12/9/2016. Proposed order is being emailed to chambers with copy to opposing counsel.(Bogle, Michael) |
Filing 115 TEXT ORDER granting #112 Motion to Dismiss 3M Company. Plaintiffs claims against Defendant 3M Company are dismissed without prejudice and each party shall bear its own costs of action. Entered at the direction of Honorable Henry M Herlong, Jr on 11/14/16. (sfla) |
Filing 114 Amended ANSWER to #1 Complaint,, by Dana Companies LLC.(McDonald, Moffatt) |
Filing 113 DELETION OF DOCKET ENTRY NUMBER 110 - Reason: refiled under correct event; Corrected Filing Document Number #112 ; Modified filing date to that of original filing: n/a (sfla) |
Filing 112 Joint MOTION to Dismiss Without Prejudice by 3M Company. Response to Motion due by 12/1/2016. (Attachments: #1 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Griffin, Michael) |
Filing 111 REPLY by Maremont Corporation to #104 Order. (Early, William) Modified on 12/7/2016: to add link to #104 order (kmca). |
Filing 109 AMENDED ANSWER to Plaintiffs #1 Complaint,, by Genuine Parts Company. (Coates, William) |
Filing 108 DELETION OF DOCKET ENTRY NUMBER 101, 102, 103 Reason: refiled with correct attorney login; Corrected Filing Document Numbers #105 , #106 , #107 . Modified filing date to that of original filing: n/a (sfla) |
Filing 107 Corporate Disclosure Statement by Maremont Corporation. (Early, William) |
Filing 106 Local Rule 26.01 Answers to Interrogatories by Maremont Corporation.(Early, William) |
Filing 105 ANSWER to Complaint by Maremont Corporation.(Early, William) |
Filing 104 ORDER that Maremont Corporation inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 11/18/2016). Signed by Honorable Henry M Herlong, Jr on 11/8/16. (sfla) |
Filing 100 SCHEDULING ORDER: Rule 26(f) Conference Deadline 11/21/2016, 26(a) Initial Disclosures due by 12/5/2016, Rule 26 Report due by 12/5/2016, Motions to Amend Pleadings due by 2/17/2017, Plaintiffs ID of Expert Witness due by 3/21/2017, Defendants ID of Expert Witnesses Due by 4/21/2017, Records Custodian Affidavit due by 4/21/2017, Discovery due by 5/24/2017, Motion in Limine due by 8/8/2017, Motions due by 6/7/2017, Rule 26(a)(3) Disclosures due by 7/21/2017, Pretrial Briefs due by 8/15/2017, Jury Selection Deadline 8/22/2017. Signed by Honorable Henry M Herlong, Jr on 11/1/16. (sfla) |
Filing 99 MOTION to Appear Pro Hac Vice by James William Manuel ( Filing fee $ 250 receipt number 0420-6834667) by 3M Company. Response to Motion due by 11/18/2016. (Attachments: #1 Exhibit 1-Application/Affidavit for Pro Hac Vice Admission, #2 Exhibit 2-Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Griffin, Michael) |
Filing 98 REPLY by Borg Warner Morse Tec Inc to #70 Order. (Herns, Louis) Modified on 12/7/2016: to add link to #70 order (kmca). |
Filing 97 REPLY by CBS Corporation to #67 Order, Set Deadlines,, . (Techman, Jennifer) |
Filing 96 REPLY by General Electric Company to #69 Order, Set Deadlines,, . (Techman, Jennifer) |
Filing 95 REPLY by Foster Wheeler Energy Corporation to #68 Order, Set Deadlines,, . (Techman, Jennifer) |
Filing 94 REPLY by Dana Companies LLC to #84 Order, Set Deadlines,, #85 Order, Set Deadlines,, . (Frick, Scott) (Main Document 94 replaced on 10/25/2016 with searchable PDF provided by filing user) (sfla). |
Filing 93 REPLY by 3M Company to #65 Order, Set Deadlines,, . (Griffin, Michael) |
Filing 92 REPLY by Union Carbide Corporation to #86 Order, Set Deadlines,, . (Frick, Scott) |
Filing 90 REPLY by Georgia-Pacific LLC to #39 Order, Set Deadlines,, . (Meriwether, Robert) |
Filing 89 REPLY by Honeywell International Inc to #40 Order, Set Deadlines,, . (Meriwether, Robert) |
Filing 88 REPLY by Air & Liquid Systems Corporation to #38 Order, Set Deadlines,, . (Meriwether, Robert) |
Filing 87 REPLY by IMO Industries Inc to #12 Order, Set Deadlines,, #13 Order, Set Deadlines,, . (Collins, William) |
Filing 86 OPINION and ORDER that Union Carbide Corporation inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. (Specific Document due by 10/31/2016). Signed by Honorable Henry M Herlong, Jr on 10/21/16. (sfla) |
Filing 85 OPINION and ORDER that Dana Companies, LLC inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. (Specific Document due by 10/31/2016). Signed by Honorable Henry M Herlong, Jr on 10/21/16. (sfla) |
Filing 84 OPINION and ORDER that Dana Companies, LLC inform the court of the citizenship of all of its members for the purpose of determining whetherthe requirements of federal subject matter jurisdiction are satisfied. (Specific Document due by 10/31/2016). Signed by Honorable Henry M Herlong, Jr on 10/21/16. (sfla) |
Filing 81 ANSWER to #1 Complaint,, by Dana Companies LLC.(Frick, Scott) |
Filing 80 ANSWER to #1 Complaint,, by Union Carbide Corporation.(Frick, Scott) |
Filing 79 TEXT ORDER granting #74 Motion for Christopher R. Kiger to Appear Pro Hac Vice for Ford Motor Company. Entered at the direction of Honorable Henry M Herlong, Jr on 10/20/16.(sfla, ) |
Filing 78 TEXT ORDER granting #73 Motion for Kirk G Warner to Appear Pro Hac Vice for Ford Motor Company. Entered at the direction of Honorable Henry M Herlong, Jr on 10/20/16.(sfla) |
Filing 77 TEXT ORDER granting #75 Motion for Addie K.S. Ries to Appear Pro Hac Vice for Ford Motor Company. Entered at the direction of Honorable Henry M Herlong, Jr on 10/19/16.(sfla) |
Filing 76 REPLY by Borg Warner Morse Tec Inc to Court's Order #66 . (Herns, Louis) Modified on 10/19/2016 to edit text (sfla). |
Filing 75 MOTION to Appear Pro Hac Vice by Addie K.S. Ries ( Filing fee $ 250 receipt number 0420-6814168) by Ford Motor Company. Response to Motion due by 11/7/2016. (Attachments: #1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Earle, Nathaniel) |
Filing 74 MOTION to Appear Pro Hac Vice by Christopher R. Kiger ( Filing fee $ 250 receipt number 0420-6814123) by Ford Motor Company. Response to Motion due by 11/7/2016. (Attachments: #1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Earle, Nathaniel) |
Filing 73 MOTION to Appear Pro Hac Vice by Kirk G. Warner ( Filing fee $ 250 receipt number 0420-6814101) by Ford Motor Company. Response to Motion due by 11/7/2016. (Attachments: #1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Earle, Nathaniel) (Additional attachment(s) provided by filing user added on 10/19/2016: #3 Certificate of Good Standing; Supreme Court of NC) (sfla). |
Filing 72 REPLY by Lennox Industries Inc to Court's Order #41 . (Herns, Louis) Modified on 10/19/2016 to edit text (sfla). |
Filing 70 OPINION and ORDER that BorgWarner Morse TEC, LLC inform the court of the citizenship of all its members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. ( Specific Document due by 10/27/2016). Signed by Honorable Henry M Herlong, Jr on 10/17/16. (sfla) |
Filing 69 OPINION and ORDER that General Electric Company inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/27/2016). Entered by Honorable Henry M Herlong, Jr on 10/17/16. (sfla) |
Filing 68 OPINION and ORDER that Foster Wheeler Energy Corporation inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/27/2016). Entered by Honorable Henry M Herlong, Jr on 10/17/16. (sfla) |
Filing 67 OPINION and ORDER that CBS Corporation inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/27/2016). Entered by Honorable Henry M Herlong, Jr on 10/17/16. (sfla) |
Filing 66 OPINION and ORDER that BorgWarner Morse TEC, LLC inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/27/2016). Entered by Honorable Henry M Herlong, Jr on 10/17/16. (sfla) |
Filing 65 OPINION and ORDER that 3M Company inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/27/2016). Entered by Honorable Henry M Herlong, Jr on 10/17/16. (sfla) Modified on 10/17/2016 to edit text (sfla, ). |
Filing 64 WAIVER OF SERVICE by Joyce Bowen Philyaw, Varon V Philyaw. Air & Liquid Systems Corporation waiver executed on 9/26/2016, answer due 11/28/2016. (Attachments: #1 Exhibit Waiver of the Service of Summons)(Swett, William) |
Filing 63 REPLY by Metropolitan Life Insurance Company to #28 Order, Set Deadlines,, . (Wall, Mark) |
Filing 62 ANSWER to Complaint by Borg Warner Morse Tec Inc.(Herns, Louis) |
Filing 61 Corporate Disclosure Statement by Borg Warner Morse Tec Inc. (Herns, Louis) |
Filing 60 Local Rule 26.01 Answers to Interrogatories by Borg Warner Morse Tec Inc.(Herns, Louis) |
Filing 59 Local Rule 26.01 Answers to Interrogatories by 3M Company.(Griffin, Michael) |
Filing 58 Corporate Disclosure Statement by 3M Company. (Griffin, Michael) |
Filing 57 Defendant 3M Company's ANSWER to #1 Complaint,, and Affirmative Defenses by 3M Company.(Griffin, Michael) |
Filing 56 Local Rule 26.01 Answers to Interrogatories by Ford Motor Company.(Earle, Nathaniel) |
Filing 55 ANSWER to #1 Complaint,, by Ford Motor Company.(Earle, Nathaniel) |
Filing 54 Corporate Disclosure Statement by Foster Wheeler Energy Corporation. (Techman, Jennifer) |
Filing 53 Corporate Disclosure Statement by General Electric Company. (Techman, Jennifer) |
Filing 52 Corporate Disclosure Statement by CBS Corporation. (Techman, Jennifer) |
Filing 51 Corporate Disclosure Statement by Mack Trucks Inc. (Techman, Jennifer) |
Filing 50 Local Rule 26.01 Answers to Interrogatories by Foster Wheeler Energy Corporation.(Techman, Jennifer) |
Filing 49 Local Rule 26.01 Answers to Interrogatories by General Electric Company.(Techman, Jennifer) |
Filing 48 Local Rule 26.01 Answers to Interrogatories by CBS Corporation.(Techman, Jennifer) |
Filing 47 Local Rule 26.01 Answers to Interrogatories by Mack Trucks Inc.(Techman, Jennifer) |
Filing 46 ANSWER to #1 Complaint,, by Foster Wheeler Energy Corporation.(Techman, Jennifer) |
Filing 45 ANSWER to #1 Complaint,, by General Electric Company.(Techman, Jennifer) |
Filing 44 ANSWER to #1 Complaint,, by CBS Corporation.(Techman, Jennifer) |
Filing 43 ANSWER to #1 Complaint,, by Mack Trucks Inc.(Techman, Jennifer) |
Filing 42 ORDER that Georgia-Pacific LLC inform the court of the citizenship of all its members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/14/16. (sfla) |
Filing 41 ORDER that Lennox Industries, Inc. inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Entered by Honorable Henry M Herlong, Jr on 10/14/16. (sfla) |
Filing 40 ORDER that Honeywell International, Inc. inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/14/16. (sfla) |
Filing 39 ORDER that Georgia-Pacific LLC inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/14/16. (sfla) |
Filing 38 ORDER that Air & Liquid Systems Corporation inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). ( Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/14/16. (sfla) |
Filing 37 ANSWER to Complaint by Lennox Industries Inc.(Herns, Louis) |
Filing 36 Corporate Disclosure Statement by Lennox Industries Inc. (Herns, Louis) |
Filing 35 Local Rule 26.01 Answers to Interrogatories by Lennox Industries Inc.(Herns, Louis) |
Filing 34 Local Rule 26.01 Answers to Interrogatories by Air & Liquid Systems Corporation.(Meriwether, Robert) |
Filing 33 ANSWER to #1 Complaint,, by Air & Liquid Systems Corporation.(Meriwether, Robert) |
Filing 32 Local Rule 26.01 Answers to Interrogatories by Georgia-Pacific LLC.(Meriwether, Robert) |
Filing 31 ANSWER to #1 Complaint,, by Georgia-Pacific LLC.(Meriwether, Robert) |
Filing 30 Local Rule 26.01 Answers to Interrogatories by Honeywell International Inc.(Meriwether, Robert) |
Filing 29 ANSWER to #1 Complaint,, by Honeywell International Inc.(Meriwether, Robert) |
Filing 28 ORDER that Metropolitan Life Insurance Company inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/12/16. (sfla) |
Filing 27 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Metropolitan Life Insurance Company.(Wall, Mark) |
Filing 26 ANSWER to #1 Complaint,, by Metropolitan Life Insurance Company.(Wall, Mark) |
Filing 25 REPLY by Goodyear Tire & Rubber Company, The to #21 Order, Set Deadlines,, . (Bogle, Michael) |
Filing 24 TEXT ORDER granting #22 Motion to Substitute Party. Maremont Corporation added. Meritor Inc (a Nevada Corporation, individually and as successor-in-interest to the Automotive Segment of Rockwell International) terminated. Entered at the direction of Honorable Henry M Herlong, Jr on 10/13/16.(sfla) |
Filing 23 REPLY by Goodrich Corporation to Court's Order #19 . (Herns, Louis) Modified on 10/13/2016 to edit text (sfla). |
Filing 22 MOTION to Substitute Party Motion to Substitute Proper Party by Joyce Bowen Philyaw, Varon V Philyaw. Response to Motion due by 10/31/2016. No proposed order.(Swett, William) |
Filing 21 ORDER that The Goodyear Tire & Rubber Company inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/12/16. (sfla) |
Filing 19 ORDER that Goodrich Corporation inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/24/2016). Signed by Honorable Henry M Herlong, Jr on 10/12/16. (sfla) |
Filing 20 Local Rule 26.01 Answers to Interrogatories by Goodyear Tire & Rubber Company, The.(Bogle, Michael) Modified on 10/12/2016 to change filing date to that of original filing (sfla). |
Filing 18 ANSWER to #1 Complaint,, by Goodyear Tire & Rubber Company, The. (Attachments: # 1 LR 26.01 Answers)(Bogle, Michael) |
Filing 17 REPLY by Genuine Parts Company to #11 Order, Set Deadlines,, . (Coates, William) |
Filing 16 Local Rule 26.01 Answers to Interrogatories by Goodrich Corporation.(Herns, Louis) |
Filing 15 Corporate Disclosure Statement by Goodrich Corporation. (Herns, Louis) |
Filing 14 ANSWER to Complaint by Goodrich Corporation.(Herns, Louis) |
Filing 13 ORDER that IMO Industries, Inc. inform the court of the citizenship of all members of its parent company, Colfax Fluid Handling, LLC, for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/21/2016). Signed by Honorable Henry M Herlong, Jr on 10/11/16. (sfla) |
Filing 12 ORDER that IMO Industries, Inc. inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/21/2016). Signed by Honorable Henry M Herlong, Jr on 10/11/16. (sfla) |
Filing 11 ORDER that Genuine Parts Company inform the court of its principal place of business for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied within 10 days of this order. (Specific Document due by 10/21/2016). Signed by Honorable Henry M Herlong, Jr on 10/11/16. (sfla) |
Filing 10 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by IMO Industries Inc.(Collins, William) |
Filing 9 Local Rule 26.01 Answers to Interrogatories by IMO Industries Inc.(Collins, William) |
Filing 8 ANSWER to #1 Complaint,, by IMO Industries Inc.(Collins, William) |
Filing 7 Local Rule 26.01 Answers to Interrogatories by Genuine Parts Company.(Coates, William) Modified on 10/6/2016 to edit date to that of original filing (sfla). |
Filing 6 ANSWER to #1 Complaint,, by Genuine Parts Company. (Attachments: # 1 LR 26.01 Answers Answers to Rule 26.01 Interrogatories)(Coates, William) Modified on 10/6/2016 to delete attachment - filed as separate document (sfla). |
Filing 5 WAIVER OF SERVICE by Joyce Bowen Philyaw, Varon V Philyaw. Borg Warner Morse Tec Inc waiver executed on 9/27/2016, answer due 11/28/2016. (Swett, William) (Main Document 5 replaced on 10/4/2016 with corrected document provided by filing user) (sfla, ). |
Filing 4 Summons Issued as to 3M Company, Air & Liquid Systems Corporation, Borg Warner Morse Tec Inc, CBS Corporation, Dana Companies LLC, Ford Motor Company, Foster Wheeler Energy Corporation, General Electric Company, Genuine Parts Company, Georgia-Pacific LLC, Goodrich Corporation, Goodyear Tire & Rubber Company, The, Honeywell International Inc, IMO Industries Inc, Lennox Industries Inc, Mack Trucks Inc, Meritor Inc, Metropolitan Life Insurance Company, Union Carbide Corporation, Wagner Electric Company. (sfla) |
Filing 3 Local Rule 26.01 Answers to Interrogatories by Joyce Bowen Philyaw, Varon V Philyaw.(sfla) |
Filing 1 COMPLAINT against 3M Company, Air & Liquid Systems Corporation, Borg Warner Morse Tec Inc, CBS Corporation, Dana Companies LLC, Ford Motor Company, Foster Wheeler Energy Corporation, General Electric Company, Genuine Parts Company, Georgia-Pacific LLC, Goodrich Corporation, Goodyear Tire & Rubber Company, The, Honeywell International Inc, IMO Industries Inc, Lennox Industries Inc, Mack Trucks Inc, Meritor Inc, Metropolitan Life Insurance Company, Union Carbide Corporation, Wagner Electric Company ( Filing fee $ 400 receipt number 0420-6765777) filed by Joyce Bowen Philyaw, Varon V Philyaw. Service due by 12/22/2016(sfla, ) |
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