Clark et al v. Kellogg Brown & Root, LLC et al
Plaintiff, an American seaman, alleges that he was exposed to benzene while performing his regular duties in the service of Defendant's vessels. Subsequently, Plaintiff developed Acute Myelogenous Leukemia (AML), a form of cancer. Plaintiff asserts that he developed AML as a result of the benzene exposure and the failure of the Defendants to provide a seaworthy vessel.
| Aubrey Clark and Kelly Clark |
| Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. and Halliburton Company |
| 2:2007cv00191 |
| May 16, 2007 |
| US District Court for the Eastern District of Texas |
| Marshall Office |
| Houston |
| Charles Everingham |
| T. John Ward |
| Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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| Filing 122 ACKNOWLEDGMENT OF RECEIPT of supplemental ROA by Zona Jones on 5/10/10. (ehs, ) |
| First Supplemental ROA containing corrected Transcript of doc #120 sent to Gene (Zono) Jones (ehs, ) |
| First Supplemental ROA containing corrected Transcript of doc #120 sent to James Martingano (ehs, ) |
| Filing 121 ACKNOWLEDGMENT OF RECEIPT of ROA by Konor Cormier counsel for defts on 2/1/10 and send record to pltf's counsel Lona Jones showing receipt of ROA on 3/22/10. (ehs, ) |
| Appeal Remark re 113 Notice of Appeal, : ROA along with pltf and deft exhibits sent to Konor Cormier. ROA sent containing 1 box of ROA documents, 1 box of deft exhibits and 6 boxes of pltf exhibits (ehs, ) |
| Filing 120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/17/08 Corrected Version of Transcript before Judge T. John Ward. Court Reporter/Transcriber: Tanya McFarland,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/16/2010. Redacted Transcript Deadline set for 2/25/2010. Release of Transcript Restriction set for 4/26/2010. (lss, ) |
| Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/17/08 Bench Trial before Judge T. John Ward. Court Reporter/Transcriber: Tanya McFarland/S. Simmons,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/8/2010. Redacted Transcript Deadline set for 2/18/2010. Release of Transcript Restriction set for 4/19/2010. (lss, ) |
| Filing 118 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/15/08 Bench Trial before Judge T. John Ward. Court Reporter/Transcriber: Tanya McFarland/S. Simmons,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/8/2010. Redacted Transcript Deadline set for 2/18/2010. Release of Transcript Restriction set for 4/19/2010. (lss, ) |
| Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/14/08 Bench Trial before Judge T. John Ward. Court Reporter/Transcriber: Tanya McFarland/ S. Simmons,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/8/2010. Redacted Transcript Deadline set for 2/18/2010. Release of Transcript Restriction set for 4/19/2010. (lss, ) |
| Supersedeas bond and power of attorney received by the finance office on 1/12/2010. Bond and POA are held in the safe in the finance office. (dlk, ) |
Filing 116
ORDER granting 111 Motion for Bond. The supersedeas bond of Defendant Kellogg Brown & Root, LLC in the amount of $4,090,076.61 in satisfaction of the judgment rendered in the above titled action shall be sent to the Financial Department of the Tyler Division of the Eastern District of Texas and deposited into the registry of the Court within five (5) days of the date of this Order. Execution of the money judgment is stayed while appeal is taken pursuant to Federal Rule of Civil Procedure 62(d) effective as of the date of this Order. Signed by Judge T. John Ward on 1/12/10. (ehs, )
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| Filing 115 USCA Case Number 09-41190 for 113 Notice of Appeal, filed by Kellogg Brown & Root, LLC. (ehs, ) |
| Filing 114 TRANSCRIPT REQUEST by Kellogg Brown & Root, LLC for proceedings held on 1/14/2008; 1/15/2008; 1/17/2008 before Judge T. John Ward, (Cormier, Konor) |
| Filing 113 NOTICE OF APPEAL as to 109 Judgment, 96 Judgment, 80 Memorandum & Opinion, 89 Findings of Fact & Conclusions of Law, 110 Order on Motion to Alter Judgment, Order on Motion for New Trial, Order on Motion to Amend/Correct, Order on Motion to Stay,,,, by Kellogg Brown & Root, LLC. Filing fee $ 455, receipt number 05400000000002248890. (Cormier, Konor) |
| Filing 112 STIPULATION Regarding Inclusion of Video Testimony in Trial Transcript by Kellogg Brown & Root, LLC. (Attachments: # 1 Signed Agreed Stipulation)(Cormier, Konor) |
| Filing 111 MOTION for Bond Approval of Supersedeas Bond by Kellogg Brown & Root, LLC. (Attachments: # 1 Exhibit A (Supersedeas Bond), # 2 Text of Proposed Order)(Martingano, James) |
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Filing 110
ORDER granting in part and denying in part 97 Motion to Alter Judgment; granting in part and denying in part 97 Motion for New Trial; granting in part and denying in part 98 Motion to Amend/Correct; denying 99 Motion to Stay. Signed by Judge T. John Ward on 10/22/09. (ehs, )
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| Filing 109 AMENDED FINAL JUDGMENT in favor of Richard Wayne Clark against Brown & Root, Inc., Halliburton Company, Kellogg Brown & Root, LLC. Amendment set forth herein. This is a final judgment and supersedes any prior judgments which are hereby vacated. All relief not expressly granted is DENIED. All pending motions are denied as moot. Costs of court are taxed against Defendant. Signed by Judge T. John Ward on 10/22/09. (ehs, ) |
| Filing 108 REPLY to Response to Motion re 99 MOTION to Stay Enforcement filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 107 REPLY to Response to Motion re 98 MOTION to Amend/Correct 96 Judgment Rule Motion for Relief from Judgment filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 106 REPLY to Response to Motion re 97 MOTION to Alter Judgment MOTION for New Trial filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 105 ***REPLACES # 102 ***RESPONSE in Opposition re 97 MOTION to Alter Judgment MOTION for New Trial filed by Richard Wayne Clark. (Attachments: # 1 Text of Proposed Order Proposed Order Denying Motion to Amend)(Jones, Gene) Modified on 5/27/2009 (ch, ). |
| Filing 104 ***REPLACES # 101 ***RESPONSE in Opposition re 98 MOTION to Amend/Correct 96 Judgment Rule Motion for Relief from Judgment filed by Richard Wayne Clark. (Attachments: # 1 Text of Proposed Order Proposed Order Denying Rule 60 Motion)(Jones, Gene) Modified on 5/27/2009 (ch, ). |
| Filing 103 ***REPLACES # 100 ***RESPONSE in Opposition re 99 MOTION to Stay Enforcement filed by Richard Wayne Clark. (Attachments: # 1 Text of Proposed Order Proposed Order Denying Motion to Stay)(Jones, Gene) Modified on 5/27/2009 (ch, ). |
| NOTICE of Deficiency regarding the 101 submitted by Richard Wayne Clark. Response not in pdf searchable format. Correction should be made by one business day (ch, ) |
| NOTICE of Deficiency regarding the 102 submitted by Richard Wayne Clark. Response not in pdf searchable format. Correction should be made by one business day (ch, ) |
| NOTICE of Deficiency regarding the 100 submitted by Richard Wayne Clark. Response not in pdf searchable format. Correction should be made by one business day (ch, ) |
| Filing 102 ***DEFICIENT DOCUMENT. PLEASE IGNORE.***RESPONSE in Opposition re 97 MOTION to Alter Judgment MOTION for New Trial filed by Richard Wayne Clark. (Jones, Gene) Modified on 5/27/2009 (ch, ). |
| Filing 101 ***DEFICIENT DOCUMENT. PLEASE IGNORE.***RESPONSE in Opposition re 98 MOTION to Amend/Correct 96 Judgment Rule Motion for Relief from Judgment filed by Richard Wayne Clark. (Jones, Gene) Modified on 5/27/2009 (ch, ). |
| Filing 100 ***DEFICIENT DOCUMENT. PLEASE IGNORE.***RESPONSE in Opposition re 99 MOTION to Stay Enforcement filed by Richard Wayne Clark. (Jones, Gene) Modified on 5/27/2009 (ch, ). |
| Filing 99 MOTION to Stay Enforcement by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Text of Proposed Order)(Martingano, James) |
| Filing 98 MOTION to Amend/Correct 96 Judgment Rule Motion for Relief from Judgment by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Martingano, James) |
| Filing 97 MOTION to Alter Judgment, MOTION for New Trial by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Text of Proposed Order)(Martingano, James) |
| Filing 96 FINAL JUDGMENT - This is a final judgment. All relief not expressly granted is DENIED. All pending motions are denied as moot. Signed by Judge T. John Ward on 4/29/09. (ch, ) |
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Filing 95
ORDER granting 94 Motion to Substitute Party. Richard Wayne Clark added as Temporary Administrator of the Estate of Aubrey Eugene Clark, deceased. Aubrey Clark terminated. Signed by Judge T. John Ward on 4/24/09. (ehs, )
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| Filing 94 Unopposed MOTION to Substitute Party by Kelly Clark. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order)(Hyde, John) |
| Filing 93 SUGGESTION OF DEATH Upon the Record as to Aubrey Clark by Aubrey Clark, Kelly Clark. (Hyde, John) |
| Filing 92 RESPONSE in Opposition re 91 MOTION Plaintiffs' Motion for Additional Conclusions of Law re 89 Findings of Fact & Conclusions of Law filed by KBR, Inc.. (Martingano, James) |
| Filing 91 MOTION Plaintiffs' Motion for Additional Conclusions of Law re 89 Findings of Fact & Conclusions of Law by Aubrey Clark, Kelly Clark. (Attachments: # 1 Text of Proposed Order)(Hyde, John) |
| Filing 90 RESPONSE to 89 Findings of Fact & Conclusions of Law Plaintiffs' Proposed Form of Judgment by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit Plaintiffs' Proposed Form of Judgment)(Hyde, John) (Additional attachment(s) added on 10/8/2008: # 2 Revised Proposed Order) (mpv, ). |
| Filing 89 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge T. John Ward on 9/23/08. (ehs, ) |
| Filing 88 NOTICE by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. re 81 MOTION Closing Oral Arguments Joinder in Motion for Oral Closing Arguments (Martingano, James) |
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Filing 87
ORDER finding as moot 13 Motion to Expedite. Signed by Judge Charles Everingham on 3/12/08. (ehs, )
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Filing 86
ORDER granting 83 Motion for Leave to File Responses to Dft's Post-Trial Brief. Signed by Judge Charles Everingham on 3/4/08. (ch, )
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| Filing 85 TRIAL BRIEF Defendants' Response to Plaintiffs' Post-Trial Brief by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 84 RESPONSE to 77 Trial Brief Plaintiffs' Response to Defendant's Post-Trial Brief by Aubrey Clark, Kelly Clark. (Hyde, John) |
| Filing 83 MOTION for Leave to File Plaintiffs' Response to Defendant's Post-Trial Brief by Aubrey Clark, Kelly Clark. (Attachments: # 1 Text of Proposed Order # 2 Plaintiffs' Response to Defendant's Post-Trial Brief)(Hyde, John) Additional attachment(s) Certificate of Conference added on 3/3/2008 (mpv, ). Modified on 3/3/2008 (mpv, ). |
| Filing 82 Proposed Findings of Fact by Aubrey Clark, Kelly Clark. (Hyde, John) |
| Filing 81 MOTION Closing Oral Arguments by Aubrey Clark, Kelly Clark. (Attachments: # 1 Text of Proposed Order)(Hyde, John) |
| Filing 80 MEMORANDUM OPINION adopting the report of the US Magistrate Judge and denies the deft's motion to transfer. Signed by Judge T. John Ward on 2/20/08. (ehs, ) |
| ***FILED IN ERROR. Document # 74, TRIAL BRIEF (Post-Trial Brief) by Aubrey Clark, Kelly Clark.. PLEASE IGNORE. REPLACED BY # 76 *** (mpv, ) |
| Filing 79 Exhibit List 4th Amended by Aubrey Clark, Kelly Clark.. (Jones, Gene) |
| Filing 78 Proposed Findings of Fact by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 77 TRIAL BRIEF Post Trial Brief by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 76 ***REPLACES #74***TRIAL BRIEF (Post-Trial Brief) by Aubrey Clark, Kelly Clark. (Hyde, John) Modified on 2/15/2008 (mpv, ). |
| Filing 75 NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Attachments: # 1 Exhibit A)(Martingano, James) |
| Filing 74 ***FILED IN ERROR; PLEASE IGNORE***TRIAL BRIEF (Post-Trial Brief) by Aubrey Clark, Kelly Clark. (Hyde, John) Modified on 2/15/2008 (mpv, ). |
| Filing 73 MOTION for Leave to File Amended Exhibit Lists (Unopposed) by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Exhibit A - Defendants' Third Amended Exhibit List# 2 Text of Proposed Order)(Martingano, James) |
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Filing 72
ORDER granting 71 Motion for Leave to File Excess Pages. Parties may file thirty (30) page opening briefs. Court's January 18, 2008 Order #63 is not otherwise modified by this order. Signed by Judge T. John Ward on 2/13/08. (ehs, )
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| Filing 71 MOTION for Leave to File Excess Pages (Post-Trial Brief) by Aubrey Clark, Kelly Clark. (Hyde, John) |
| TRANSCRIPT of Bench Trial Proceedings held on 1/14/08 before Judge T. John Ward. Court Reporter: Tanya McFarland. (fnt, ) |
| TRANSCRIPT of Bench Trial Proceedings held on 1/15/2008 before Judge T. John Ward. Court Reporter: Tanya McFarland. (fnt, ) |
| TRANSCRIPT of Bench Trial Proceedings held on 1/17/2008 before Judge T. John Ward. Court Reporter: TM. (fnt, ) |
| Filing 67 Exhibit List by Defendants.(shd, ) |
| Filing 66 NOTICE by Halliburton Company, Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Signed Agreement Relating to Defendants Exhibit 83 (Carrington, Morris) |
| Filing 65 Exhibit List Second Amended Exhibit List by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc... (Carrington, Morris) |
| Filing 64 Exhibit List by Aubrey Clark, Kelly Clark, plaintiffs. (shd, ) |
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Filing 63
ORDER - parties are ordered to submit to the court their post-trial briefs before Thursday, 2/14/08. Brief may not exceed twenty (20) pages and must include citations to exhibits referenced in the briefs. Each party may file a responsive brief with ten (10) days after the other party submits its post-trial brief. The reply briefs may not exceed ten (10) pages. Neither party may file a reply or sur-reply brief without leave of court. Signed by Judge T. John Ward on 1/18/07. (ch, )
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| Filing 62 Minute Entry for proceedings held before Judge T. John Ward : Bench Trial completed on 1/17/2008. (Court Reporter Tanya McFarland.) (shd, ) |
| Filing 61 Exhibit List 3rd Amended by Aubrey Clark, Kelly Clark.. (Hyde, John) |
| Filing 59 ***REPLACES #57***Exhibit List Plaintiffs' 2nd Amended Exhibit List by Aubrey Clark, Kelly Clark.. (Hyde, John) Modified on 1/18/2008 (mpv, ). |
| Filing 60 Minute Entry for proceedings held before Judge T. John Ward : Second day of Bench Trial held on 1/15/2008. (Court Reporter Tanya McFarland.) (shd, ) |
| Filing 57 ***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE***Exhibit List Plaintiffs' 2nd Amended by Aubrey Clark, Kelly Clark.. (Hyde, John) Modified on 1/16/2008 (mpv, ). |
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Filing 56
ORDER granting 45 Motion for Protective Order 46 Motion to strike affidavits. Signed by Judge T. John Ward on 1/14/08. (ehs, )
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| Filing 58 Minute Entry for proceedings held before Judge T. John Ward : First day of Bench Trial held on 1/14/2008. (Court Reporter Tanya McFarland.) (shd, ) |
| Filing 55 NOTICE by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Defendants' Page/Line Designations (Martingano, James) |
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Filing 54
ORDER taking under advisement 42 Motion ; denying 8 Motion to Change Venue; taking under advisement 8 Motion to Dismiss. Signed by Judge Charles Everingham on 1/14/08. (ehs, )
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| Filing 53 MOTION for Leave to File Excess Pages For Reply to Response to Motion to Exclude Experts by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Text of Proposed Order # 2 Supplement # 3 Exhibit A to Reply# 4 Exhibit B to Reply# 5 Exhibit C to Reply# 6 Exhibit D to Reply# 7 Exhibit E# 8 Exhibit F to Reply)(Martingano, James) Additional attachment(s) Certificate of Conference added on 1/15/2008 (mpv, ). Modified on 1/15/2008 (mpv, ). |
| Filing 52 REPORT AND RECOMMENDATIONS re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by KBR, Inc., Kellogg Brown & Root, LLC, Brown & Root, Inc. For reasons discussed herein, the undersigned recommends that the dft's Motion to transfer this action to the Southern District of Texas-Houston Division is denied.. Signed by Judge Charles Everingham on 1/14/08. (ch, ) |
| Filing 51 Plaintiffs Sur-Reply to Dfts re 43 Motion to Exclude the Testimony and Opinion of Frank Gardner, Peter Infante, Frank Parker, and John Dement filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit)(ch, ) |
| Filing 50 ***FILED IN ERROR, PLEASE IGNORE.***Fact Witness List by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) Modified on 1/14/2008 (sm, ). |
| ***FILED IN ERROR, WRONG EVENT USED, ATTY MUST REFILE USING CORRECT EVENT***. Document # 50, Fact Witness List. PLEASE IGNORE.*** (sm, ) |
| NOTICE of Deficiency regarding the NOTICE by Aubrey Clark, Kelly Clark Motion to Exclude the Affidavits of Kenneth Lowe, Ronnie DeSimone and Paul David Summers submitted Document is not a Notice, it is a MOTION, attorney to refile correctly as a MOTION. Correction should be made by one business day. (mpv, ) |
| NOTICE of Deficiency regarding #49 the REPLY to Response to Motion re 43 MOTION Motion to Exclude Plaintiffs' Experts filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc submitted Document exceeds page limits, attorney to either condense to 5 pages or file a motion for leave to exceed page limits. Correction should be made by one business day. (mpv, ) |
| Filing 49 ***FILED IN ERROR; PLEASE IGNORE***REPLY to Response to Motion re 43 MOTION Motion to Exclude Plaintiffs' Experts filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Martingano, James) Modified on 1/14/2008 (mpv, ). |
| Filing 48 RESPONSE to Motion re 43 MOTION Motion to Exclude Plaintiffs' Experts Plaintiffs' Response to Defendants' Motion to Exclude the Testimony and Opinions of Frank Gardner, Peter Infante, Frank Parker and John Dement filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Hyde, John) |
| Filing 47 RESPONSE to Motion re 42 MOTION Motion to Exclude Plaintiffs' Response to Defendants' Motion to Exclude filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 # 2 # 3 # 4)(Hyde, John) |
| Filing 46 ***FILED IN ERROR; PLEASE IGNORE***NOTICE by Aubrey Clark, Kelly Clark Motion to Exclude the Affidavits of Kenneth Lowe, Ronnie DeSimone and Paul David Summers (Attachments: # 1 # 2 # 3 # 4 # 5)(Hyde, John) Modified on 1/14/2008 (mpv, ). |
| Filing 45 First MOTION for Protective Order by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 # 2 # 3)(Martingano, James) Additional attachment(s) added on 1/11/2008 (sm, ). |
| Minute Entry for proceedings held before Judge Charles Everingham : John Hyde, Zona Jones and Ernest Cannon appeared on behalf of the Plaintiffs. Morris Carrington appeared on behalf of the Defendant. The Court informed the parties that the trial will begin at 8:30 a.m. on 1/14/08 before Judge Ward. Each side will be given 12 hours to try the case. The Court will recommend to the District Judge that the Motion to Transfer to the Southern District of Texas be denied. Counsel for the Plaintiff informed the Court that a conflict had arisen with one of its witnesses. The Court gave further instruction to the parties with respect to how the trial will be handled and post trial briefing. Plaintiff's counsel asked for leave to take the deposition of the Plaintiff. Court adjourned. (Court Reporter Shelly Holmes.) (jml, ) |
| Filing 44 NOTICE of Attorney Appearance by John Keith Hyde on behalf of all plaintiffs (Hyde, John) |
| Filing 43 MOTION Motion to Exclude Plaintiffs' Experts by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Martingano, James) Additional attachment(s) Certificate of Conference added on 1/4/2008 (mpv, ). Modified on 1/4/2008 (mpv, ). |
| Filing 42 MOTION Motion to Exclude by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Text of Proposed Order)(Martingano, James) Additional attachment(s) Certificate of Conference added on 1/4/2008 (mpv, ). Modified on 1/4/2008 (mpv, ). |
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Filing 41
ORDER denying 37 Motion to Continue. Signed by Judge Charles Everingham on 1/2/08. (ch, )
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| Filing 40 SUR-REPLY to Reply to Response to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit)(Hyde, John) Modified on 12/20/2007 (mpv, ). |
| Filing 39 RESPONSE to Motion re 37 First MOTION to Continue filed by Aubrey Clark, Kelly Clark. (Attachments: # 1Exhibit)(Hyde, John) Modified on 12/20/2007 (mpv, ). |
| Filing 38 MOTION for Hearing re 37 First MOTION to Continue by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) Proposed Order added on 12/18/2007 (mpv, ). Modified on 12/18/2007 (mpv, ). Certificate of Conference added on 12/18/2007 (mpv, ). Modified on 12/18/2007 (mpv, ). |
| Filing 37 First MOTION to Continue by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Text of Proposed Order)(Martingano, James) |
| Filing 36 NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Second Amended Expert Disclosures (Martingano, James) |
| Filing 35 NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Second Amended Initial Disclosures (Martingano, James) |
| Filing 34 NOTICE of Disclosure by Aubrey Clark, Kelly Clark 1st Supplemental (Hyde, John) |
| Filing 33 REPLY to Response to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by KBR, Inc.. (Martingano, James) |
| Filing 32 REPLY to Response to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees Motion to Change Venue filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
| Filing 31 NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. First Amended Initial (Martingano, James) |
| Filing 30 NOTICE by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Fact Witness List (Martingano, James) |
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Filing 29
AGREED DOCKET CONTROL ORDER Amended Pleadings due by 12/31/2007. Discovery due by 12/15/2007. Pre-trial Conference 1/7/08. All other deadlines are set forth herein. Signed by Judge Charles Everingham on 11/30/07. (ch, )
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| Filing 28 NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Notice of Defendants First Amended Disclosure of Experts (Martingano, James) |
| Filing 27 NOTICE of Hearing: Pretrial Conference set for 1/7/2008, 03:00 PM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham. (delat) |
| Filing 26 NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) |
| Filing 25 NOTICE by Aubrey Clark, Kelly Clark 1st Supplemental Expert and Fact Witness Disclosures (Hyde, John) |
| Filing 24 NOTICE by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Proposed Docket Control Order (Martingano, James) |
| Filing 23 NOTICE by Aubrey Clark, Kelly Clark Plaintiffs' Notice of Fact and Expert Witness List (Hyde, John) |
| Filing 22 ***REPLACES #21***NOTICE of Disclosure by Aubrey Clark, Kelly Clark (Hyde, John) Modified on 10/24/2007 (mpv, ). |
| NOTICE of Deficiency regarding #21 the NOTICE of Disclosure by Aubrey Clark, Kelly Clark submitted Disclosure Materials are not filed per FRCP 26(a)(1) and (a)(2) and Local Rule CV-26, only the notice of disclosure is filed with the court. Correction should be made by one business day. (mpv, ) |
| Filing 21 ***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE***NOTICE of Disclosure by Aubrey Clark, Kelly Clark (Attachments: # 1 Plaintiffs' Initial Disclosure# 2 Plaintiffs' Fact and Expert Witness List# 3 Plaintiffs' Benzene Exhibit List)(Hyde, John) Modified on 10/24/2007 (mpv, ). |
| Filing 20 ***REPLACES #18 & #19***NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) Modified on 10/23/2007 (mpv, ). |
| Filing 19 ***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE***NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) Modified on 10/22/2007 (mpv, ). |
| NOTICE of Deficiency regarding the MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. submitted Docketed Incorrectly, not a motion, attorney to refile correctly as a Notice of Disclosure without the disclosure materials included. Correction should be made by one business day. (mpv, ) |
| NOTICE of Deficiency regarding #19 the NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. submitted Attorney to refile document without including the disclosure material. Correction should be made by one business day. (mpv, ) |
| Filing 18 ***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE*** MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) Modified on 10/22/2007 (mpv, ). |
| Filing 17 NOTICE of Hearing: Status Conference set for 10/5/2007, 01:30 PM, via telephone before Magistrate Judge Charles Everingham.(delat) |
| Filing 16 REPLY to Response to Motion re 13 MOTION to Expedite Trial filed by Aubrey Clark, Kelly Clark. (Hyde, John) |
| Filing 15 RESPONSE to Motion re 13 MOTION to Expedite Trial filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) |
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Filing 14
ORDER - the court expedites the plaintiff motion 13 to expedite trial. The dfts are ordered to respond to the pla's motion 13 within 5 days and in so doing state what if any discovery is remaining in the case. Signed by Judge Charles Everingham on 8/31/07. (ch, )
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| Filing 13 MOTION to Expedite Trial by Aubrey Clark, Kelly Clark. (Attachments: # 1 Text of Proposed Order)(Hyde, John) |
| Filing 12 ***REPLACES #10***RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees Response to Motion to Transfer Venue filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit Exh 1 to Response to Motion to Transfer Venue# 2 Exhibit Exh 2 to Response to Motion to Transfer Venue)(Jones, Gene) Modified on 8/21/2007 (mpv, ). Corrected Proposed Order added on 8/22/2007 (mpv, ). Modified to add corrected proposed order on 8/22/2007 (mpv, ). |
| Filing 11 RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees Response to Motion to Dismiss filed by Aubrey Clark, Kelly Clark. (Jones, Gene) Modified on 8/21/2007 (mpv, ). Modified wrong correction added by clerk now removed on 8/21/2007 (mpv, ). Corrected Proposed Order added on 8/22/2007 (mpv, ). Modified by clerk to add corrected proposed order on 8/22/2007 (mpv, ). |
| Filing 10 ***FILED IN ERROR; WRONG PDF ATTACHED; PLEASE IGNORE***RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit Excerpts from Aubrey Clark's deposition# 2 Exhibit Excerpts from George McGinnis' deposition)(Jones, Gene) Modified on 8/20/2007 (mpv, ). |
| ***FILED IN ERROR. Document # 10, RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by Aubrey Clark, Kelly Clark. PLEASE IGNORE. WRONG PDF ATTACHED AS MAIN DOCUMENT; ATTY TO REFILE CORRECTLY*** (mpv, ) |
| Filing 9 ***REPLACES #5 and #7***CORPORATE DISCLOSURE STATEMENT filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. identifying None as Corporate Parent. (Martingano, James) Modified on 8/3/2007 (mpv, ). |
| Filing 8 MOTION to Change Venue, MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Text of Proposed Order Order on Motion to Change Venue# 2 Text of Proposed Order Order on Motion to Dismiss Claims of Kelly Clark# 3 Text of Proposed Order Order on Motion to Dismiss Claims for Puntivie Damages and Attorney's Fees)(Martingano, James) |
| Filing 7 ***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE***NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Corporate Disclosure (Martingano, James) Modified on 8/3/2007 (mpv, ). |
| Filing 6 NOTICE of Attorney Appearance by James Gene Martingano on behalf of Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) |
| Filing 5 ***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE*** MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Cormier, Konor) Modified on 8/3/2007 (mpv, ). |
| Filing 4 ANSWER to Complaint by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc..(Carrington, Morris) |
| NOTICE of Deficiency regarding #7 the NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Corporate Disclosure submitted Docketed Incorrectly, attorney to refile as a Corporate Disclosure Statement. Correction should be made by one business day. (mpv, ) |
| NOTICE of Deficiency regarding #5 the MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. submitted Docketed incorrectly as a motion, attorney to refile as a Corporate Disclosure Statement. Correction should be made by One business day. (mpv, ) |
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Filing 3
ORDER REFERRING CASE for Pretrial to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 5/16/07. (ehs, )
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| Filing 2 Magistrate Consent Form Mailed to Aubrey Clark, Kelly Clark (ehs, ) |
| Filing 1 COMPLAINT against Halliburton Company, Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Filing fee $ 350.) , filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Civil Cover Sheet)(ehs, ) |
| Filing fee: $ 350.00, receipt number 1-1-4138 (ehs, ) |
| E-GOV SEALED SUMMONS Issued as to Halliburton Company, Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. by the Beaumont Division (ehs, ) |
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