Hardy v. Union Carbide Corporation et al
| Donnieve Hardy |
| Mobil, Foster Wheeler Energy, Industrial Holdings, Cleaver Brooks, Minnesota Mining and Manufacturing, A.W. Chesterton Company, Exxon Mobil, Viacom, Crown Cork and Seal, Certainteed Corporation, Owens-Illinois, Inc, Maremont Corporation, Georgia-Pacific, Ingersoll-Rand Company, Honeywell International, Metropolitan Life Insurance Company, Beazer East, General Electric, Union Carbide Corporation, Premiere Refractories and Foseco |
| 2:2012cv00294 |
| March 27, 2012 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| David Nuffer |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 18, 2015. A more recent docket listing may be available from PACER.
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Filing 199
ORDER granting #197 Motion to Dismiss Last Remaining Defendant Party, Minnesota Mining and Manufacturing, with prejudice - CASE CLOSED. Signed by Judge David Nuffer on 5/18/15 (alt)
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Filing 198
DOCKET TEXT ORDER finding as moot #160 Motion for Summary Judgment. Movant for this motion, defendant Honeywell International Inc., was dismissed from the case on January 30, 2015 in #189 Order granting #186 Motion to Dismiss based on the parties' #182 Stipulation. Therefore, Honeywell's motion is moot.Signed by Judge David Nuffer on 5/18/2015. No attached document. (mec)
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| Filing 197 Stipulated MOTION to Dismiss Party Minnesota Mining and Manufacturing (3M Company) with prejudice filed by Defendant Minnesota Mining and Manufacturing. (Attachments: #1 Text of Proposed Order)(Anderson, John) |
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Filing 196
ORDER granting #195 Motion to Dismiss Party, General Electric, with prejudice. Signed by Judge David Nuffer on 5/15/15 (alt)
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| Filing 195 Stipulated MOTION to Dismiss Party General Electric Company with Prejudice filed by Defendant General Electric. (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Burt, Patrick) |
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Filing 194
DOCKET TEXT ORDER No attached document. In 193 Docket Text Order, the parties were ordered to file a joint status report by NOON on Monday, 3/18/2015. The deadline is corrected to be NOON on Monday, 5/18/2015. Signed by Judge David Nuffer on 5/18/2015. (mec)
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Filing 193
DOCKET TEXT ORDER taking under advisement #160 Motion for Summary Judgment.On 6/18/2014, counsel notified Judge Nuffer's chambers that the parties reached a settlement. On 1/27/2015, parties filed #184 Joint Status to the Court, reporting that settlement was in process with the remaining two defendants: General Electric and Minnesota Mining and Manufacturing. On 3/16/2015, parties filed #192 Joint Status to the Court, reporting that signed releases had been provided to the remaining defendants, and parties would file joint motions to dismiss immediately upon receipt of funds.Stipulated motions to dismiss have have not been filed as of today's date regarding GE and 3M. The parties are ordered to file a joint status report by NOON on Monday, 3/18/2015 if motions to dismiss have not been filed as of that time.Signed by Judge David Nuffer on 5/12/2015. No attached document. (mec)
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| Filing 192 STATUS REPORT by Donnieve Hardy. (Hurst, John) |
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Filing 191
DOCKET TEXT ORDER taking under advisement #160 Motion for Summary Judgment.On 6/18/2014, counsel notified Judge Nuffer's chambers that the parties reached a settlement. On 1/27/2015, parties filed #184 Joint Status to the Court, reporting that settlement was in process with the remaining two defendants: General Electric and Minnesota Mining and Manufacturing. Stipulated motions to dismiss have have not been filed as of today's date regarding GE and 3M. The court orders the parties to file a joint status report by Noon, Monday 3/16/2015.Signed by Judge David Nuffer on 03/10/2015. No attached document. (mec)
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Filing 190
ORDER granting #187 Stipulated Motion to Dismiss Party A.W. Chesterton Company with prejudice. Signed by Judge David Nuffer on 1/30/15 (alt)
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Filing 189
ORDER granting #186 Stipulated Motion to Dismiss Party Honeywell International with prejudice. Signed by Judge David Nuffer on 1/30/15 (alt)
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Filing 188
ORDER granting #185 Stipulated Motion to Dismiss Party Ingersoll-Rand Company with prejudice. Signed by Judge David Nuffer on 1/30/15 (alt)
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| Filing 187 MOTION to Dismiss Party A.W. Chesterton filed by Plaintiff Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
| Filing 186 MOTION to Dismiss Party Honeywell filed by Plaintiff Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
| Filing 185 MOTION to Dismiss Party Ingersoll Rand filed by Plaintiff Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
| Filing 184 STATUS REPORT Regarding all Parties by Donnieve Hardy. (Hurst, John) |
| Filing 183 STIPULATION of Dismissal as to A.W. Chesterton by Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
| Filing 182 STIPULATION of Dismissal as to Honeywell by Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
| Filing 181 STIPULATION for Dismissal as to Ingersoll Rand by Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
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Filing 180
DOCKET TEXT ORDER No attached document. On 6/18/2014, counsel notified Judge Nuffer's chambers the parties reached a settlement. Upon reviewing the docket, dismissal papers have not been filed as of today's date. The court orders the parties file a joint status report by Noon, Tuesday, January 27, 2015. Signed by Judge David Nuffer on 1/21/2015. (asb)
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| NOTICE VACATING STATUS CONFERENCE HEARING set for Monday, June 23, 2014 before Judge David Nuffer. All parties have filed notices of resolution. Signed by Judge David Nuffer on June 18, 2014. (mh) |
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Filing 179
ORDER granting #178 Motion to Dismiss Party Industrial Holdings With Prejudice. Signed by Judge David Nuffer on 6/9/14 (alt)
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| Modification of Docket re #178 MOTION to Dismiss. Error: Filer incorrectly selected "Dismiss" as the motion relief. Correction: Motion relief will be corrected to "Dismiss Party". (alt) |
| Filing 178 MOTION to Dismiss and Memorandum in Support filed by Defendant Industrial Holdings. (Attachments: #1 Text of Proposed Order)(Venti, Katherine) Modified on 6/9/2014: corrected motion relief to "Dismiss Party" (alt) |
| Filing 177 NOTICE OF HEARING: Status Conference set for Monday, 6/23/2014 02:30 PM in Rm 3.100 before Judge David Nuffer. (in lieu of final pretrial conference) (asb) |
| NOTICE VACATING STATUS CONFERENCE HEARING set for Thursday, May 8, 2014 before Judge David Nuffer (asb) |
| NOTICE VACATING FINAL PRETRIAL CONFERENCE SET FOR 6/23/2014 and JURY TRIAL SET FOR 7/7/2014 HEARING set for before Judge David Nuffer (asb) |
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Filing 176
ORDER granting #169 Motion to Dismiss Party. Viacom (successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation) dismissed with prejudice. Signed by Judge David Nuffer on 5/6/14 (alt)
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| Filing 175 NOTICE of Notice of Resolution by Minnesota Mining and Manufacturing (Hurst, John) |
| Filing 174 NOTICE of Appearance by John A. Anderson on behalf of Minnesota Mining and Manufacturing (Anderson, John) |
| Filing 173 NOTICE OF FILING of Plaintiff's Rule 26(a)(3) Pretrial Disclosures filed by Plaintiff Donnieve Hardy. (Attachments: #1 Exhibit Exhibit A: Plaintiffs Depo List as to 3M, #2 Exhibit Exhibit B: Plaintiffs Depo List as to All Defendants, #3 Exhibit Exhibit C: Plaintiffs Exhibit List as to 3M, #4 Exhibit Exhibit D (pt.1): Plaintiffs Exhibit List as to All Defendants, #5 Exhibit Exhibit D (pt.2): Plaintiffs Exhibit List as to All Defendants, #6 Exhibit Exhibit E: Medical Scientific Articles as to State of the Art Literature)(Hurst, John) |
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Filing 172
ORDER granting #167 Motion to Dismiss Party Beazer East With Prejudice. Signed by Judge David Nuffer on 5/1/14 (alt)
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| Filing 171 NOTICE of Notice of Resolution by General Electric (Hurst, John) |
| Filing 170 NOTICE of Notice of Resolution by Ingersoll-Rand Company (Hurst, John) |
| Filing 169 Stipulated MOTION to Dismiss Party Viacom with Prejudice filed by Defendant Viacom. (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Fowler, Tracy) Modified on 5/1/2014" corrected motion relief (alt) |
| Filing 168 NOTICE of Notice of Resolution by A.W. Chesterton Company (Hurst, John) |
| Filing 167 Stipulated MOTION to Dismiss Party Beazer East With Prejudice filed by Defendant Beazer East. (Attachments: #1 Text of Proposed Order Dismissing Beazer East With Prejudice)(Boyd, Scot) Modified on 4/28/2014: corrected motion relief (alt) |
| Filing 166 NOTICE OF HEARING: Status Conference set for Thursday, 5/8/2014 11:00 AM in Rm 3.100 before Judge David Nuffer. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah.Court offers video conferencing to out-of-state counsel. Anyone wishing to participate by video conference are to contact chambers at dj.nuffer@utd.uscourts.gov. (asb) |
| Filing 165 NOTICE of Resolution by Honeywell International (Hurst, John) |
| Filing 164 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Nicole Miller Deforge.Attorney Nicole Miller Deforge will no longer receive notice from the court in this case including final judgment. (Deforge, Nicole) |
| Filing 163 NOTICE of Resolution by Industrial Holdings (Venti, Katherine) |
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Filing 162
ORDER granting #161 Motion to Dismiss ; granting #161 Motion to Dismiss Party. Foseco terminated. Signed by Judge David Nuffer on 4/14/14. (jlw)
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| Filing 161 Stipulated MOTION to Dismiss , MOTION to Dismiss Party 1 Foseco, Inc. filed by Defendant Foseco. (Attachments: #1 Text of Proposed Order)(Venti, Katherine) |
| Filing 160 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Honeywell International. (Attachments: #1 Declaration)(Petersen, Tonn) |
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Filing 159
ORDER granting #158 Motion to Dismiss Party Foster Wheeler Energy with Prejudice. Signed by Judge David Nuffer on 1/21/14 (alt)
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| Filing 158 Plaintiff's MOTION to Dismiss Party Foster Wheeler Corporation filed by Plaintiff Donnieve Hardy. (Hurst, John) |
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Filing 157
SCHEDULING ORDER: Motions due by 1/31/2014. Final Pretrial Conference set for 6/23/2014 02:30 PM in Room 230 before Judge David Nuffer. 10 Day Jury Trial set for 7/7/2014 08:30 AM in Room 230 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 1/17/2014. (jds)
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Filing 156
ORDER dismissing Metropolitan Life Insurance Company without prejudice. Signed by Judge David Nuffer on 1/8/14 (alt)
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| Filing 155 MOTION for Extension of Time dispositive motion Stipulated Motion for Modification of Scheduling Order filed by Defendant Honeywell International. (Attachments: #1 Text of Proposed Order)(Petersen, Tonn) |
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Filing 154
DOCKET TEXT ORDER finding as moot #129 Motion to Withdraw as Attorney. Signed by Judge David Nuffer on 1-8-14. No attached document. (mh)
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| Filing 153 STIPULATION of Dismissal as to Metropolitan Life Insurance Company by Donnieve Hardy. (Hurst, John) |
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Filing 152
ORDER granting #151 Motion to Dismiss Party, Cleaver Brooks, without prejudice. Signed by Judge David Nuffer on 1/7/14 (alt)
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| Filing 151 Stipulated MOTION to Dismiss Party Cleaver-Brooks, Inc. filed by Defendant Cleaver Brooks. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Morgan, Melinda) |
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Filing 150
DOCKET TEXT ORDER granting #149 Motion for Admission Pro Hac Vice of William T. Hassler for Metropolitan Life Insurance Company. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 12/4/13 (docket text order - no attached document) (alt)
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| Filing 149 MOTION for Admission Pro Hac Vice of William T. Hassler , Registration fee $ 15, receipt number 1088-1956107, filed by Defendant Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A (Application), #2 Text of Proposed Order)(Deforge, Nicole) |
| Filing 148 STIPULATION of Dismissal as to Foster Wheeler Corporation by Donnieve Hardy. (Attachments: #1 Text of Proposed Order Order of Dismissal)(Hurst, John) |
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Filing 147
DOCKET TEXT ORDER granting #145 Motion for Admission Pro Hac Vice of Stephen A. Fennell; granting #146 Motion for Admission Pro Hac Vice of Steven John Barber: both for Metropolitan Life Insurance Company. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 11/20/13 (docket text only - no attached document) (alt)
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| Filing 146 MOTION for Admission Pro Hac Vice of Steven John Barber , Registration fee $ 15, receipt number 1088-1949455, filed by Defendant Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A - Application for Admission, #2 Text of Proposed Order)(Deforge, Nicole) |
| Filing 145 MOTION for Admission Pro Hac Vice of Stephen A. Fennell , Registration fee $ 15, receipt number 1088-1949430, filed by Defendant Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A - Application for Admission, #2 Text of Proposed Order)(Deforge, Nicole) |
| Filing 144 NOTICE of Defendant Cleaver-Brooks, Inc.s Allocation of Fault by Cleaver Brooks (Morgan, Melinda) |
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Filing 143
ORDER granting #138 Motion for Extension of Time for Honeywell International's Deadline to Submit Expert Disclosures. Signed by Magistrate Judge Evelyn J. Furse on 9/9/13 (alt)
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| Filing 142 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Sanna-Rae Taylor.Attorney Sanna-Rae Taylor will no longer receive notice from the court in this case including final judgment. (Taylor, Sanna-Rae) |
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Filing 141
ORDER granting #139 Stipulated Motion to Dismiss Party, Crown Cork and Seal, without prejudice. Signed by Judge David Nuffer on 9/6/13 (alt)
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| Filing 140 NOTICE OF ERROR re #139 Stipulation of Dismissal. The document was filed using the wrong filing event: document is not a stipulation of all parties to dismiss the entire case per Rule 41. Document should have been filed as a "Motion to Dismiss Party". The clerk will correct the entry, but all parties are reminded to file all motions using the "Motion" filing event. Filers can always add the word "Stipulated" to any motion entry. (alt) |
| Filing 139 Stipulated MOTION to Dismiss Party STIPULATION of Dismissal Without Prejudice by Crown Cork and Seal. (Attachments: #1 Text of Proposed Order)(Jacobson, H.) Modified on 9/6/2013: corrected filing event (alt) |
| Filing 138 MOTION for Extension of Time Expert Disclosure Deadline for Honeywell International, Inc. to Submit Expert Disclosures filed by Defendant Honeywell International. (Petersen, Tonn) |
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Filing 137
ORDER granting #133 Motion for Extension of Time to Submit Expert Disclosures - deadline extended to 9/30/13. Signed by Magistrate Judge Evelyn J. Furse on 9/3/13 (alt)
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| Filing 136 DESIGNATION OF EXPERTS Kenneth Baker, Mary Beth Beasley, Louis Burgher, John Craighead, Mary A. Finn, Frank E. Gomer, Michael Graham, Jerry Helser, Thomas Howard, Gerald Kerby, John Spencer, Charles D. Stauffer, Otto Wong, George Woods, Gerald Swimmer filed by Defendant Ingersoll-Rand Company.(Thomas, Michael) |
| Filing 135 DESIGNATION OF EXPERTS Dr. Andrew Churg, Dr. Edward A. Gaensler, Dr. W.K.C. Morgan, Hans Weill, MD, Dr. William Weiss, Dr. Peter Barrett, Dr. John E. Craighead, Dr. Bernard Gee, Dr. Michael Henderson, Dr. William G. Hughson, Dr. Brooke T. Mossman, Dr. Victor Roggli, Dr. Peter W.J. Bartrip, Morton Corn, Ph.D., John M.G. Davis, M.D., Arthur Langer, Ph.D., Phillip Cagle, M.D., Dr. James Crapo, Dr. Robert Jones, Dorsett Smith, Otto Wong, Sc.D., F.A.C.E., Brooks Emory, M.D., Stephen M. Ayers, M.D., Allan Feingold, M.D., Michael Graham, M.D., Dr. Russell Harley, Sidney Shindell, M.D., LLB, Dr. Bruce Case, Mark R. Wick, M.D., F.C.A.P., F.A.S.C.P., F.A.S.D., Dr. Tim Oury, Mr. Charles Blake, Mr. Lawrence R. Birkner, William Dyson, John W. Spencer, CIH, CSP, RS, Richard J. Lee, Ph.D., J. Leroy Balzer, Ph.D., Dr. Robert Sawyer, Douglas Fowler, Ph.D., Carl Mangold, C.I.H., Larry Liukonen, C.I.H., Sheldon Rabinovitz, Fred W. Boelter, Dr. Vittorio Argento filed by Defendant Cleaver Brooks.(Morgan, Melinda) |
| Filing 134 STIPULATION Stipulated Motion to Extend Honeywell International Inc.'s Deadline to Submit Expert Disclosures by Honeywell International. (Petersen, Tonn) |
| Filing 133 MOTION for Extension of Time to submit expert disclosures filed by Defendant Foseco. (Attachments: #1 Text of Proposed Order Order)(Venti, Katherine) |
| Filing 132 DESIGNATION OF EXPERTS Peter J. Barrett, M.D.; Philip T. Cagle, M.D.; Michele Carbone, M.D., Ph.D.; Andrew Churg, M.D.; Richard Cohen, M.D., MPH; John E. Craighead, M.D.; James D. Crapo, M.D.; Melvin W. First, Sc.D.; John Higginson, B.A., M.D., F.R.C.P.; Robert N. Jones, M.D.; J. Steven Moore, M.D.; David F. Musto, M.D.; Samuel Travis Pritchett, Ph.D.; Emanuel Rubin, M.D.; Harold D. Skipper, Jr., Ph.D.; David J. Weiner, MBA; Elizabeth Weisburger, Ph.D. filed by Defendant Metropolitan Life Insurance Company.(Lilja, Scott) |
| Filing 131 SUBSTITUTION OF COUNSEL Sara E. Bouley replacing Rachel G. Terry as counsel on behalf of Honeywell International. (Bouley, Sara) |
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Filing 130
DOCKET TEXT ORDER taking under advisement #129 Motion to Withdraw as Attorney. The court directs Fabian & Clendenin to clarify the status of Attorney Rachel Terry of the Utah State Office of Education who currently appears on the docket as local counsel for Honeywell International. In addition, Fabian & Clendenin should provide a copy of Honeywell's consent to withdrawal as required by DUCivR 83-1.4(b)(1). Signed by Judge David Nuffer on 7/2/13. No attached document. (mh)
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| Filing 129 Defendant's MOTION to Withdraw as Attorney filed by Defendant Honeywell International. (Attachments: #1 Text of Proposed Order)(Terry, Rachel) |
| Filing 128 SUBSTITUTION OF COUNSEL Nicole Miller Deforge replacing Kelley M. Marsden as counsel on behalf of Metropolitan Life Insurance Company. (Deforge, Nicole) |
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Filing 127
ORDER granting #126 Motion to Dismiss Party Premiere Refractories Without Prejudice. Signed by Judge David Nuffer on 6/19/13 (alt)
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| Filing 126 Stipulated MOTION to Dismiss Party BMI Refractory Services, Inc. Without Prejudice filed by Defendant Premiere Refractories. (Attachments: #1 Text of Proposed Order Dismissing Defendant BMI Refractory Services, Inc. Without Prejudice)(Boyd, Scot) |
| Filing 125 STIPULATION of Dismissal of Defendant BMI Refractory Services, Inc. Without Prejudice by Premiere Refractories. (Attachments: #1 Text of Proposed Order)(Boyd, Scot) |
| Filing 124 STIPULATION of Dismissal of Defendant BMI Refractory Services, Inc. Without Prejudice by Premiere Refractories. (Boyd, Scot) |
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Filing 123
ORDER granting #121 Motion to Dismiss Defendant Owens-Illinois, Inc without prejudice. Signed by Judge David Nuffer on 6/4/13 (alt)
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| Filing 122 DESIGNATION OF EXPERTS Plaintiff's Experts Brody, Lemen, Millette and Abraham filed by Plaintiff Donnieve Hardy. (Attachments: #1 Exhibit A.1, #2 Exhibit A.2, #3 Exhibit B.1, #4 Exhibit B.2, #5 Exhibit B.3, #6 Exhibit B.4, #7 Exhibit B.5, #8 Exhibit C.1, #9 Exhibit C.2, #10 Exhibit C.3)(Hurst, John) |
| Filing 121 Stipulated MOTION to Dismiss Party Owens-Illinois, Inc. Without Prejudice filed by Defendant Owens-Illinois, Inc. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Morgan, Melinda) |
| Filing 120 STIPULATION of Dismissal as to Georgia Pacific by Donnieve Hardy. (Attachments: #1 Text of Proposed Order)(Hurst, John) |
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Filing 119
DOCKET TEXT ORDER granting #118 Motion for Admission Pro Hac Vice of James A. Rapore for Owens-Illinois, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 4/23/13 (docket text only - no attached document) (alt)
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| Filing 118 Defendant's MOTION for Admission Pro Hac Vice of James A. Rapore , Registration fee $ 15, receipt number 1088-1817268, filed by Defendant Owens-Illinois, Inc. (Attachments: #1 Exhibit A - Application for Admission of James A. Rapore, #2 Exhibit B - Electronic Case Filing Registration Form of James A. Rapore, #3 Exhibit C - Text of Proposed Order)(Morgan, Melinda) |
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Filing 117
ORDER granting #116 Motion to Dismiss Party: dft Union Carbide Corporation is dismissed without prejudice. Signed by Judge David Nuffer on 4/8/13 (alt)
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| Filing 116 Stipulated MOTION to Dismiss Party Union Carbide Corporation Without Prejudice filed by Defendant Union Carbide Corporation. (Attachments: #1 Text of Proposed Order)(Hellbusch, Ronald) |
| Filing 115 CERTIFICATE OF SERVICE by General Electric Answers to Plaintiff's First Set of Interrogatories (Burt, Patrick) |
| Filing 114 CERTIFICATE OF SERVICE by General Electric to Plaintiff's First Set of Requests for Production of Documents (Burt, Patrick) |
| Filing 113 STIPULATION of the Parties Regarding a Witness by Cleaver Brooks. (Morgan, Melinda) |
| Filing 112 CLERK'S NOTICE OF ERROR re #111 Substitution of Counsel. Description of error: document has wrong judge information on it. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt) |
| Filing 111 SUBSTITUTION OF COUNSEL Patrick C. Burt as counsel on behalf of General Electric. (Burt, Patrick) |
| Filing 110 ERROR: WRONG DOCUMENT ATTACHED - SUBSTITUTION OF COUNSEL Patrick C. Burt replacing Stephen Dayn Kelson as counsel on behalf of General Electric. (Burt, Patrick) Modified on 2/12/2013: added error text (alt) |
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Filing 109
ORDER granting #108 Motion to Dismiss Party, Certainteed Corporation, without prejudice. Signed by Judge David Nuffer on 1/23/13 (alt)
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| Filing 108 Stipulated MOTION to Dismiss Party CertainTeed Corporation Without Prejudice filed by Defendant Certainteed Corporation. (Attachments: #1 Text of Proposed Order)(Hellbusch, Ronald) |
| Filing 107 NOTICE of Change of Address by Mark J. Williams Notice of Change of Firm (Williams, Mark) |
| Filing 106 Beazer East, Inc., f/k/a The Koppers Company, Inc.'s ANSWER to #65 Amended Complaint,, filed by Beazer East.(Boyd, Scot) |
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Filing 105
ORDER granting #104 Motion to Dismiss Party: dft Mobil is dismissed without prejudice. Signed by Judge David Nuffer on 1/2/13 (alt)
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| Filing 104 Stipulated MOTION to Dismiss Party Mobil Corporation filed by Defendant Mobil. (Attachments: #1 Text of Proposed Order)(Lee, Joshua) |
| Filing 103 NOTICE FROM THE COURT. New local rules governing civil cases are now in effect. The #Approved Amendments to the Local Rules and #Updated Rules are posted on the court's website. All new requirements are important but the most significant changes are in motion practice and sealed filings. Judge Nuffer will order that counsel refile summary judgment motions which do not follow the new standards.#DUCivR 5-2 Filing Cases and Documents Under Court Seal#DUCivR 7-1 Motions and Memoranda#DUCivR 26-2 Standard Protective Order and Stays of Depositions#DUCivR 56-1 Summary Judgment: Motions and Supporting Memoranda (asb) |
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Filing 102
ORDER granting #101 Motion to Dismiss Party, Maremont Corporation, without prejudice. Signed by Judge David Nuffer on 10/22/12 (alt)
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| Modification of Docket re #101 STIPULATION of Dismissal. Error: Filer used the wrong filing event - "Stipulation of Dismissal" can only be used when all parties stipulate to dismissal of entire case. Correction: Filing event has been changed to "Motion to Dismiss Party". (alt) |
| Filing 101 STIPULATED MOTION to Dismiss Party Without Prejudice by Maremont Corporation. (Attachments: #1 Text of Proposed Order)(Hellbusch, Ronald) Modified on 10/15/2012 ; changed event from Stipulation to Stipulated Motion (asp). |
| Filing 100 CERTIFICATE OF SERVICE by Viacom of Rule 26(a)(1) Initial Disclosures (Thomas, Michael) |
| Filing 99 CERTIFICATE OF SERVICE by Ingersoll-Rand Company of Rule 16(a)(1) Initial Disclosures (Fowler, Tracy) |
| Filing 98 CERTIFICATE OF SERVICE by Foseco Initial Disclosures (Venti, Katherine) |
| Filing 97 CERTIFICATE OF SERVICE by Georgia-Pacific Initial Disclosures (Venti, Katherine) |
| Filing 96 CERTIFICATE OF SERVICE by Industrial Holdings Initial Disclosures (Venti, Katherine) |
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Filing 95
SCHEDULING ORDER: Amended Pleadings due by 2/1/2013. Joinder of Parties due by 2/1/2013. Expert Discovery due by 11/15/2013. Motions due by 1/15/2014. Final Pretrial Conference set for 6/2/2014 02:30 PM in Room 230 before Judge David Nuffer. 10-Day Jury Trial set for 6/16/2014 08:30 AM in Room 230 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 9/4/12 (alt)
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| Filing 94 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Final Proposed Scheduling Order)(Hurst, John) |
| Filing 93 SUBSTITUTION OF COUNSEL Rachel G. Terry replacing Sara E. Bouley as counsel on behalf of Honeywell International. (Terry, Rachel) |
| Filing 92 NOTICE of Change of Address by Melinda A. Morgan (Morgan, Melinda) |
| Filing 91 NOTICE of Change of Address by Melinda A. Morgan (Morgan, Melinda) |
| Filing 90 BMI REFRACTORY SERVICES, INC. ANSWER to #65 Amended Complaint,, with Jury Demand filed by Premiere Refractories.(Boyd, Scot) |
| Filing 89 AMENDED ANSWER to Plaintiff's First #65 Amended Complaint,, filed by A.W. Chesterton Company. (Christensen, Patricia) |
| Filing 88 NOTICE of SUPPLEMENT TO EXHIBIT A TO DEFENDANT UNION CARBIDE CORPORATION'S NOTICE OF REMOVAL by Union Carbide Corporation re #2 Notice of Removal,, (Attachments: #1 Exhibit Supplement to Exhibit A) (Birk, Mary) |
| Filing 87 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Crown Cork and Seal.(Jacobson, H.) |
| Modification of Docket re: #81 Answer to Amended Complaint, #82 Answer to Amended Complaint, #83 Answer to Amended Complaint, #84 Answer to Amended Complaint. Error: Filers' identities were entered as additional text. Correction: Unnecessary text has been removed from docket entries. (alt) |
| Filing 86 CLERK'S NOTICE OF ERROR re #84 Answer to Amended Complaint, #76 Answer to Amended Complaint, #77 Answer to Amended Complaint. Description of error: documents have wrong judge information on them. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt) |
| Filing 85 ANSWER to #65 Amended Complaint,, filed by Metropolitan Life Insurance Company.(Marsden, Kelley) |
| Filing 84 ANSWER to #65 Amended Complaint,, filed by General Electric.(Kelson, Stephen) Modified on 6/6/2012: removed unnecessary text (alt) |
| Filing 83 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Honeywell International.(Petersen, Tonn) Modified on 6/6/2012: removed unnecessary text (alt) |
| Filing 82 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Cleaver Brooks.(Morgan, Melinda) Modified on 6/6/2012: removed unnecessary text (alt) |
| Filing 81 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Owens-Illinois, Inc.(Morgan, Melinda) Modified on 6/6/2012: removed unnecessary text (alt) |
| Filing 80 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Certainteed Corporation.(Hellbusch, Ronald) |
| Filing 79 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Union Carbide Corporation.(Hellbusch, Ronald) |
| Filing 78 ANSWER to #65 Amended Complaint,, with Jury Demand filed by Maremont Corporation.(Hellbusch, Ronald) |
| Filing 77 ANSWER to #65 Amended Complaint,, filed by Ingersoll-Rand Company.(Thomas, Michael) |
| Filing 76 ANSWER to #65 Amended Complaint,, filed by Viacom.(Thomas, Michael) |
| Filing 75 ANSWER to Complaint First Amended Complaint filed by Foster Wheeler Energy.(Williams, Mark) |
| Filing 74 ANSWER to #65 Amended Complaint,, filed by Foseco.(Venti, Katherine) |
| Filing 73 ANSWER to #65 Amended Complaint,, filed by Georgia-Pacific.(Venti, Katherine) |
| Filing 72 ANSWER to #65 Amended Complaint,, filed by Industrial Holdings.(Venti, Katherine) |
| Filing 71 ANSWER to #65 Amended Complaint,, with Jury Demand filed by A.W. Chesterton Company.(Christensen, Patricia) |
| Filing 70 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Mobil identifying Exxon Mobil Corporation as Corporate Parent. (Lee, Joshua) |
| Filing 69 ANSWER to #65 Amended Complaint,, filed by Mobil.(Lee, Joshua) |
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Filing 68
DOCKET TEXT ORDER granting #67 Motion for Admission Pro Hac Vice of Tonn K. Petersen for Honeywell International. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 5/21/12 (docket text only - no attached document) (alt)
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| Filing 67 MOTION for Admission Pro Hac Vice of Tonn K. Petersen , Registration fee $ 15, receipt number 1088-1595686, filed by Defendant Honeywell International. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Bouley, Sara) |
| Modification of Docket re #66 Joint Statement of Parties/Consent to Magistrate. Error: Filer used a filing event that applies only to Magistrate Consent matters. Correction: Entry text has been corrected to indicate the document is only a Stipulation regarding a moot motion - there is no Magistrate Consent issue in this case. (alt) |
| Filing 66 JOINT STIPULATION OF PARTIES re moot #51 Motion filed by Plaintiff Donnieve Hardy. (Hurst, John) Modified on 5/10/2012: altered text as no magistrate consent was to be filed (alt) |
| Filing 65 AMENDED COMPLAINT against A.W. Chesterton Company, Beazer East, Certainteed Corporation, Cleaver Brooks, Crown Cork and Seal, Foseco, Foster Wheeler Energy, General Electric, Georgia-Pacific, Honeywell International, Industrial Holdings, Ingersoll-Rand Company, Maremont Corporation, Metropolitan Life Insurance Company, Minnesota Mining and Manufacturing, Owens-Illinois, Inc, Premiere Refractories, Union Carbide Corporation, Viacom. New Defendants: Mobil Corporation, parent company of, Mobil Oil Corporation. Removed Defendants: Exxon., filed by Donnieve Hardy. (Hurst, John) |
| Filing 64 RE-FILED CORRECTLY AT #65 Amended Complaint - AMENDED COMPLAINT against All Defendants., filed by Donnieve Hardy. (Hurst, John) Modified on 5/9/2012: adde re-filing info (alt) |
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Filing 63
DOCKET TEXT ORDER granting #58 Motion to Amend/Correct Complaint. Plaintiff is instructed to file the amended complaint. Defendants shall file their response to the amended complaint within 21 days of the entry of this order.Signed by Judge David Nuffer on 5/8/2012. No attached document. (asb)
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| Filing 62 RESPONSE to Motion re #58 Plaintiff's MOTION to Amend/Correct Complaint (Notice of Non-Opposition) filed by Defendant Exxon Mobil. (Lee, Joshua) |
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Filing 61
ORDER granting #60 Motion to Substitute the Proposed Amended Complaint attached to entry #60 for that attached to entry #58 . Signed by Judge David Nuffer on 5/7/12 (alt)
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| Filing 60 Plaintiff's MOTION to Substitute Party Mobil Corporation, parent of Mobil Oil Corporation in place of Exxon-Mobil Corporation filed by Plaintiff Donnieve Hardy. (Attachments: #1 Exhibit "A" First Amended Complaint, #2 Text of Proposed Order Proposed Order Allowing Substitution)(Hurst, John) |
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Filing 59
DOCKET TEXT ORDER taking under advisement #58 Motion to Amend/Correct complaint. IT IS HEREBY ORDERED that any response to the motion shall be filed on or before May 7, 2012, and any reply (or notice of waiver of reply) shall be filed by May 10, 2012. A copy of any document not electronically filed shall be served via email on opposing counsel and emailed to dj.nuffer@utd.uscourts.gov.. Signed by Judge David Nuffer on 4/30/2012. No attached document. (asb)
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| Filing 58 Plaintiff's MOTION to Amend/Correct Complaint filed by Plaintiff Donnieve Hardy. (Attachments: #1 Supplement Memo in Support of Mx to Amend, #2 Exhibit "A" Amended Complaint, #3 Text of Proposed Order)(Hurst, John) |
| Filing 57 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Crown Cork and Seal. (Jacobson, H.) |
| Filing 56 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Foseco identifying Georgetown Holding Company as Corporate Parent. (Venti, Katherine) |
| Filing 55 NOTICE OF ADR, e-mailed or mailed to Defendant Honeywell International. (asp) |
| Filing 54 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Honeywell International. (Bouley, Sara) |
| Filing 53 ANSWER to Complaint with Jury Demand filed by Honeywell International.(Bouley, Sara) |
| Filing 52 MEMORANDUM in Support re #51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Exxon Mobile Corporation. (Attachments: #1 Exhibit Summary Complaint, #2 Exhibit Master Complaint)(Lee, Joshua) |
| Filing 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Exxon Mobile Corporation. (Lee, Joshua) |
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Filing 50
ORDER granting #48 Motion for Admission Pro Hac Vice of John David Hurst for Donnieve Hardy. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 4/9/12. (alp)
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| Filing 49 Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge David Nuffer (DJ). Magistrate Judge Brooke C. Wells no longer assigned to the case. (alp) |
| Filing 48 MOTION for Admission Pro Hac Vice of John D. Hurst , Registration fee $ 15, receipt number 1088-1567523, filed by Plaintiff Donnieve Hardy. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(James, Mark) |
| Filing 47 RECEIVED Consent/Reassignment Form from Defendants Certainteed Corporation, Maremont Corporation, Union Carbide Corporation. (alp) |
| Filing 46 RECEIVED Consent/Reassignment Form from Defendant General Electric. (alp) |
| Filing 45 NOTICE FROM THE COURT re #5 Notice of Presiding Magistrate Assignment - As new parties have been added to case, the consent process will be stopped. The docket entry as to Exxon's filing of consent/reassignment form not being solicited by the Court was made in error. At this time, no further consent forms will be requested until all parties have appeared and parties may disregard the deadlines pertaining to them. (alp) |
| Filing 44 RECEIVED Consent/Reassignment Form from Defendant Exxon Mobile Corporation. Parties need not file futher consent/reassignment forms until all parties have appeared. Removed a note on the docket about form not being solicited by the court (alp) Modified on 4/9/2012 (alp). |
| Filing 43 NOTICE OF ADR, e-mailed or mailed to Defendants A.W. Chesterton Company, Certainteed Corporation, Cleaver Brooks, Maremont Corporation, Metropolitan Life Insurance Company, Owens-Illinois, Inc. (alp) |
| Filing 42 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by A.W. Chesterton Company. (Christensen, Patricia) |
| Filing 41 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant A.W. Chesterton Company. (Christensen, Patricia) |
| Filing 40 NOTICE of Appearance by Patricia W. Christensen on behalf of A.W. Chesterton Company (Christensen, Patricia) |
| Filing 39 Amended ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by General Electric. (Kelson, Stephen) |
| Filing 38 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Foster Wheeler Energy identifying Foster Wheeler, LLC as Corporate Parent. (Williams, Mark) |
| Filing 37 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Cleaver Brooks identifying Cleaver Holdings, Inc. as Corporate Parent. (Morgan, Melinda) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Owens-Illinois, Inc identifying Owens-Illinois, Inc. as Corporate Parent. (Morgan, Melinda) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Georgia-Pacific identifying Georgia-Pacific Holdings LLC as Corporate Parent. (Venti, Katherine) |
| Filing 34 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Industrial Holdings identifying Lehman Brothers Holdings, Inc. as Corporate Parent. (Venti, Katherine) |
| Filing 33 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Metropolitan Life Insurance Company identifying MetLife, Inc. as Corporate Parent. (Marsden, Kelley) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Maremont Corporation identifying MERITOR, INC. as Corporate Parent. (Birk, Mary) |
| Filing 31 DEFENDANT MAREMONT CORPORATION'S ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Maremont Corporation. (Birk, Mary) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Certainteed Corporation identifying Compagnie De Saint-Gobain, Paris as Corporate Parent. (Birk, Mary) |
| Filing 29 DEFENDANT CERTAINTEED CORPORATION'S ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Certainteed Corporation. (Birk, Mary) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Union Carbide Corporation identifying Dow Chemical Company as Corporate Parent. (Birk, Mary) |
| Filing 27 DEFENDANT UNION CARBIDE CORPORATION'S ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Union Carbide Corporation. (Birk, Mary) |
| Filing 26 NOTICE of Appearance by Tracy H. Fowler on behalf of Ingersoll-Rand Company (Fowler, Tracy) |
| Filing 25 ANSWER to Complaint filed by Metropolitan Life Insurance Company.(Marsden, Kelley) |
| Filing 24 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant General Electric. (Kelson, Stephen) |
| Filing 23 Defendant Owens-Illinois, Inc.'s ANSWER to Complaint (SUMMARY COMPLAINT) FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF CONSORTIUM AND RELIANCE ON JURY DEMAND filed by Owens-Illinois, Inc.(Morgan, Melinda) |
| Filing 22 Defendant Cleaver-Brook's, Inc. ANSWER to Complaint (SUMMARY COMPLAINT) FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF CONSORTIUM AND RELIANCE ON JURY DEMAND filed by Cleaver Brooks.(Morgan, Melinda) |
| Filing 21 ANSWER to Complaint with Jury Demand filed by Crown Cork and Seal.(Jacobson, H.) |
| Filing 20 NOTICE OF ADR, e-mailed or mailed to Defendant Viacom. (asp) |
| Filing 19 NOTICE OF ADR, e-mailed or mailed to Defendant Ingersoll-Rand Company. (asp) |
| Filing 18 NOTICE of Appearance by Tracy H. Fowler on behalf of Viacom (Fowler, Tracy) |
| Filing 17 NOTICE of Appearance by Michael J. Thomas on behalf of Ingersoll-Rand Company (Thomas, Michael) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Viacom. (Thomas, Michael) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Ingersoll-Rand Company identifying Ingersoll-Rand PLC as Corporate Parent. (Thomas, Michael) |
| Filing 14 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Viacom. (Thomas, Michael) |
| Filing 13 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Ingersoll-Rand Company. (Thomas, Michael) |
| Filing 12 NOTICE OF FILING filed by Defendant Union Carbide Corporation. (Attachments: #1 Exhibit 1)(Birk, Mary) |
| Filing 5 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Crown Cork and Seal, Exxon Mobile Corporation, Foseco, Foster Wheeler Energy, General Electric, Georgia-Pacific, Industrial Holdings, Union Carbide Corporation, Plaintiff Donnieve Hardy. Form due by 4/12/2012. (alp) |
| Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendants Crown Cork and Seal, Exxon Mobile Corporation, Foseco, Foster Wheeler Energy, General Electric, Georgia-Pacific, Industrial Holdings, Union Carbide Corporation, Plaintiff Donnieve Hardy. (alp) |
| Filing 11 ANSWER to Complaint (Notice of Removal #2 ) filed by Exxon Mobile Corporation. (jds) |
| Filing 10 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Foster Wheeler Energy. (jds) |
| Filing 9 ANSWER to Complaint (Notice of Removal #2 ) filed by Industrial Holdings. (jds) |
| Filing 8 ANSWER to Complaint (Notice of Removal #2 ) filed by Foseco. (jds) |
| Filing 7 ANSWER to Complaint (Notice of Removal #2 ) filed by Georgia-Pacific. (jds) |
| Filing 6 ANSWER to Complaint (Notice of Removal #2 ) filed by General Electric. (jds) |
| Filing 3 NOTICE of Appearance by Joshua L. Lee on behalf of Exxon Mobile Corporation (Lee, Joshua) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 010900863 AS//120900864 AS, (Filing fee $ 350, receipt number 1088-1558028), filed by Union Carbide Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Civil Cover Sheet Civil Cover Sheet-File Stamped) Assigned to Magistrate Judge Brooke C. Wells (Birk, Mary) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendant Union Carbide Corporation is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (jds) |
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