Rogers et al v. Aurora Pump Company et al
| Gerald J. Rogers and Cheryl A. Rogers |
| Powell Valves, SPX Cooling Technologies, Inc., Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, The Goodyear Tire & Rubber Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, The William Powell Company, Marley Cooling Technologies, Inc., The Marley Cooling Tower Company and Warren Pumps, LLC |
| 5:2021cv05046 |
| August 6, 2021 |
| US District Court for the District of South Dakota |
| Jeffrey L Viken |
| Torts: Personal Injury - Asbestos Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 55
ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Jeffrey L. Viken on 10/1/21. (SB)
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| Filing 54 CORPORATE Disclosure Statement by Flowserve US Inc. identifying Corporate Parent Flowserve Corporation for Flowserve US Inc.. (Frankenstein, Sara) |
| Filing 53 FLOWSERVE US INC.'S ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by Flowserve US Inc.. (Frankenstein, Sara) |
| Filing 52 Grinnell LLC's ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, by Grinnell LLC. (Steinhoff, Eric) |
| Filing 51 ITT LLC's ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, by ITT LLC. (Steinhoff, Eric) |
| Filing 50 Goulds Pumps LLC's ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #27 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, by Goulds Pumps, LLC. (Steinhoff, Eric) |
| Filing 49 Crane Co.'s ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, , ANSWER to #26 Answer to Complaint,, Crossclaim, #32 Answer to Complaint,, Crossclaim, #31 Answer to Complaint,, Crossclaim, #33 Answer to Complaint,, Crossclaim, #30 Answer to Complaint,, Crossclaim, #34 Answer to Complaint,, Crossclaim, #29 Answer to Complaint,, Crossclaim, #35 Answer to Complaint,, Crossclaim, by Crane Co.. (Lindeman, Bradley) |
| Filing 48 CORPORATE Disclosure Statement by Grinnell LLC identifying Other Affiliate Tyco International plc for Grinnell LLC. (Steinhoff, Eric) |
| Filing 47 CORPORATE Disclosure Statement by Goulds Pumps, LLC identifying Other Affiliate ITT Inc. for Goulds Pumps, LLC. (Steinhoff, Eric) |
| Filing 46 CORPORATE Disclosure Statement by ITT LLC identifying Other Affiliate ITT LLC for ITT LLC. (Steinhoff, Eric) |
| Filing 45 CORPORATE Disclosure Statement by SPX Cooling Technologies, Inc. identifying Corporate Parent SPX Corporation for SPX Cooling Technologies, Inc.. (Hanson, Laura) |
| Filing 44 CORPORATE Disclosure Statement by Warren Pumps, LLC. (Hanson, Laura) |
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Filing 43
ORDER granting #36 Motion for Admission Pro Hac Vice of Attorney Heather H. Neubauer for SPX Cooling Technologies, Inc. and Warren Pumps, LLC. Signed by U.S. District Judge Jeffrey L. Viken on 9/13/2021. (DJP)
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Filing 42
ORDER granting #38 Motion for Admission Pro Hac Vice of Attorney Thomas D. Jensen for Goulds Pumps, LLC, and Grinnell LLC. Signed by U.S. District Judge Jeffrey L. Viken on 0/13/21. (SB)
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Filing 41
ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Jon R. Russell for Crane Co. Signed by U.S. District Judge Jeffrey L. Viken on 9/13/21. (SB)
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| Filing 40 TEXT ORDER granting #39 Motion for Extension of Time to Answer. Flowserve US Inc. answer due 9/30/2021. Signed by U.S. District Judge Jeffrey L. Viken on 9/9/21. (SB) |
| Filing 39 Unopposed MOTION for Extension of Time to File Answer by Flowserve US Inc.. (Frankenstein, Sara) |
| Filing 38 MOTION for Attorney Thomas D. Jensen to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3624831) by Goulds Pumps, LLC, Grinnell LLC, ITT LLC. (Steinhoff, Eric) |
| Filing 37 ANSWER to #1 Complaint with Jury Demand by General Electric Company. (Schweigert, David) |
| Filing 36 MOTION for Attorney Heather H. Neubauer to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3624014) by SPX Cooling Technologies, Inc., Warren Pumps, LLC. (Hanson, Laura) |
| Filing 35 ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company by Warren Pumps, LLC. (Hanson, Laura) |
| Filing 34 Powell Valves ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by Powell Valves. (Sorenson Brotten, Elizabeth) |
| Filing 33 The Goodyear Tire & Rubber Company ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, Powell Valves, SPX Cooling Technologies, Inc., Warren Pumps, LLC by The Goodyear Tire & Rubber Company. (Sorenson Brotten, Elizabeth) |
| Filing 32 Aurora Pump Company ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by Aurora Pump Company. (Sorenson Brotten, Elizabeth) |
| NOTICE of Filing Error: #23 Answer to Complaint, Crossclaim, #21 Answer to Complaint, Crossclaim, #19 Answer to Complaint, Crossclaim was filed in error and should be disregarded. (Sorenson Brotten, Elizabeth) |
| Filing 31 Grinnell LLC's ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by Grinnell LLC. (Steinhoff, Eric) |
| Filing 30 Goulds Pumps, LLC's ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by Goulds Pumps, LLC. (Steinhoff, Eric) |
| Filing 29 ITT LLC's ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by ITT LLC. (Steinhoff, Eric) |
| Filing 28 CORPORATE Disclosure Statement by Crane Co.. (Lindeman, Bradley) |
| Filing 27 Crane Co.'s ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, Powell Valves, SPX Cooling Technologies, Inc., The Goodyear Tire & Rubber Company, Warren Pumps, LLC by Crane Co.. (Lindeman, Bradley) |
| Filing 26 SPX Cooling Technologies Inc., f/k/a Marley Cooling Technologies, Inc., f/k/a The Marley Cooling Tower Company's ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Aurora Pump Company, Crane Co., Flowserve US Inc., Foster Wheeler Corporation, General Electric Company, Goulds Pumps, LLC, Grinnell LLC, ITT LLC, Powell Valves, The Goodyear Tire & Rubber Company, Warren Pumps, LLC by SPX Cooling Technologies, Inc.. (Hanson, Laura) |
| Filing 25 MOTION for Attorney Jon Russell to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3619144) by Crane Co.. (Lindeman, Bradley) |
| Filing 24 CORPORATE Disclosure Statement by Powell Valves. (Sorenson Brotten, Elizabeth) |
| Filing 23 (FILED IN ERROR) The William Powell Company's ANSWER to #1 Complaint with Jury Demand Affirmative Defenses, CROSSCLAIM Answer to Cross Claims against Powell Valves by Powell Valves. (Sorenson Brotten, Elizabeth) Modified text on 9/2/2021 (JLS). |
| Filing 22 CORPORATE Disclosure Statement by The Goodyear Tire & Rubber Company identifying Corporate Parent BlackRock, Inc. for The Goodyear Tire & Rubber Company. (Sorenson Brotten, Elizabeth) |
| Filing 21 (FILED IN ERROR) ANSWER to #1 Complaint with Jury Demand Affirmative Defenses, CROSSCLAIM Answer to Cross Claims against The Goodyear Tire & Rubber Company by The Goodyear Tire & Rubber Company. (Sorenson Brotten, Elizabeth) Modified text on 9/2/2021 (JLS). |
| Filing 20 CORPORATE Disclosure Statement by Aurora Pump Company identifying Corporate Parent SPX Corporation, Corporate Parent Pentair for Aurora Pump Company. (Sorenson Brotten, Elizabeth) |
| Filing 19 (FILED IN ERROR) ANSWER to #1 Complaint with Jury Demand Affirmative Defenses, CROSSCLAIM Answer to Cross Claims against Aurora Pump Company by Aurora Pump Company. (Sorenson Brotten, Elizabeth) Modified text on 9/2/2021 (JLS). Modified on 9/2/2021 (SAC). |
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Filing 18
ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Ryan P. Phillips for Cheryl A. Rogers and for Gerald J. Rogers. Signed by U.S. District Judge Jeffrey L. Viken on 8/19/21. (SB)
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Filing 17
ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Richard I. Nemeroff for Cheryl A. Rogers and for Gerald J. Rogers. Signed by U.S. District Judge Jeffrey L. Viken on 8/19/21. (SB)
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| Filing 16 RETURN OF SERVICE Executed upon Defendant Warren Pumps, LLC (Lee, Brad) |
| Filing 15 RETURN OF SERVICE Executed upon Defendant Powell Valves (Lee, Brad) |
| Filing 14 RETURN OF SERVICE Executed upon Defendant Grinnell LLC (Lee, Brad) |
| Filing 13 RETURN OF SERVICE Executed upon Defendant Goulds Pumps, LLC (Lee, Brad) |
| Filing 12 RETURN OF SERVICE Executed upon Defendant ITT LLC (Lee, Brad) |
| Filing 11 RETURN OF SERVICE Executed upon Defendant SPX Cooling Technologies, Inc. (Lee, Brad) |
| Filing 10 RETURN OF SERVICE Executed upon Defendant The Goodyear Tire & Rubber Company (Lee, Brad) |
| Filing 9 RETURN OF SERVICE Executed upon Defendant General Electric Company (Lee, Brad) |
| Filing 8 RETURN OF SERVICE Executed upon Defendant Flowserve US Inc. (Lee, Brad) |
| Filing 7 RETURN OF SERVICE Executed upon Defendant Crane Co. (Lee, Brad) |
| Filing 6 RETURN OF SERVICE Executed upon Defendant Foster Wheeler Corporation (Lee, Brad) |
| Filing 5 RETURN OF SERVICE Executed upon Defendant Aurora Pump Company (Lee, Brad) Modified text on 8/11/2021 (DJP). |
| Filing 4 MOTION for Attorney Ryan P. Phillips to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3603605) by Cheryl A. Rogers, Gerald J. Rogers. (Lee, Brad) |
| Filing 3 MOTION for Attorney Richard L. Nemeroff to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3603595) by Cheryl A. Rogers, Gerald J. Rogers. (Lee, Brad) |
| Filing 2 Summons Issued as to All Defendants. 12 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons, #2 AO 85)(SKK) |
| Filing 1 COMPLAINT with Jury Demand, $402 fee paid, receipt# ASDDC-3602430, in shell case on 8/6/21 filed by Cheryl A. Rogers, Gerald J. Rogers on 8/6/21. (Attachments: #1 Exhibit A: Pathology Report) (SKK) |
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