Riegler et al v. Carlisle Companies et al
| John C. Riegler, Kathi A. Riegler, Cheryl Giles and April Riegler |
| Carlisle Industrial Brake & Friction, DCo LLC, Navistar, Dana Companies, Carlisle Companies, Ford Motor Company, Eaton Corporation, Motion Control Industries and Honeywell International |
| 2:2020cv00752 |
| October 30, 2020 |
| US District Court for the District of Utah |
| Daphne A Oberg |
| Cecilia M Romero |
| Robert J Shelby |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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Filing 190
NOTICE OF PHV FAILURE TO REGISTER FOR CM/ECF ACCESS: PHV Attorney Samuel L. Tarry, Jr., for Defendant Ford Motor Company, has never registered to efile and receive electronic notifications of case activity as required by DUCivR 83-1.1(d)(2). Local counsel must immediately notify the PHV attorney of this deficiency. Failure to comply with this court's rules may result in revocation of PHV admission. (alt)
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Filing 189
ORDER granting #188 Motion to Dismiss Party, Carlisle Companies, with prejudice. Signed by Judge Robert J. Shelby on 9/20/23 (alt)
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Filing 188
Stipulated MOTION to Dismiss Party Carlisle Companies, Inc. and Memorandum in Support for Dismissal with Prejudice filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order)(Nemeroff, Richard)
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Filing 187
NOTICE VACATING ZOOM Status Conference HEARING set for 9/21/2023 at 11:00 a.m. before Judge Robert J. Shelby (Notice generated by Mary Jane McNamee) (mjm)
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Filing 186
ORDER granting #185 Motion to Dismiss Party. Plaintiff's claims against Defendant Navistar, Inc. are dismissed with prejudice. Each party is to bear their own fees and costs, per the Motion. This Order does not pertain to Plaintiff's claims against any other Defendants in this action. Navistar (individually and as successor-in-interest to International Harvester Corporation) terminated. Signed by Judge Robert J. Shelby on 08/29/2023. (jl)
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Filing 185
Stipulated MOTION to Dismiss Party Navistar, Inc. and Memorandum in Support for Dismissal with Prejudice filed by Defendant Navistar. (Attachments: #1 Text of Proposed Order Order (proposed) of Dismissal of Claims against Defendant Navistar, Inc. with Prejudice)(Jacobson, H.)
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Filing 184
Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held via ZOOM on 7/17/2023. Counsel appear via ZOOM. Counsel for Plaintiff states that the case has settled. Counsel are finalizing settlement documents. The court sets another ZOOM Status Conference. A ZOOM Status Conference is set for 9/21/2023 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. ZOOM information will be emailed to counsel. Attorney for Plaintiff: Barrett Naman, Attorney for Defendant: J.Tyler Martin for Carlisle Companies, Barbara Maw for Eaton Corporation, Jeremy Knight for Navistar. Court Reporter: Ed Young. (mjm)
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Filing 183
NOTICE OF HEARING: (Notice generated by clerk) Status Conference set for 7/17/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. On May 30, 2023, Plaintiff's counsel informed the court via email that the parties had resolved the matter. The court responded that the status conference will remain on the calendar until the court receives settlement documents. The court has not received settlement documents, so the conference will be held unless the court receives the settlement documents. (jl)
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Filing 182
Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 5/1/2023. Counsel present for parties via Zoom. Counsel for Defendants Carlisle & Eaton did not make appearances, as those Defendants have entered settlement agreements with Plaintiff. Counsel for Plaintiff and Defendant Navistar discussed possible options for moving forward, including filing motions. The court set a status and scheduling conference for 7/17/23 at 2:00 PM via Zoom. If there are pending motions at that time, the court will notify the parties before the conference if they should be prepared to discuss the substance of the motions at the conference. Attorney for Plaintiff: Barrett Naman. Attorney for Defendant: Scott Jacobson. Court Reporter: Ed Young.(mjm)
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Filing 180
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Motion Hearing held on 03/07/2023 before Judge Robert J. Shelby. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 4/27/2023. Redacted Transcript Deadline set for 5/18/2023. Release of Transcript Restriction set for 7/5/2023. (jl)
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Deadlines/Hearings terminated. Terminated Original Status Conference previously set for 4/17/2023 at 11:00 a.m. Hearing has been reset to 5/1/2023 at 3:00 p.m. (mjm)
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Filing 179
AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) ZOOM Status Conference RESET for 5/1/2023 at 03:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. ZOOM Information has been emailed to counsel. (mjm)
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Filing 178
NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee) ZOOM Status Report and Scheduling Conference set for 4/17/2023 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. ZOOM Information will be emailed to counsel. (mjm)
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Filing 177
Order - Ford's #83 Motion for Summary Judgment is GRANTED. The following motions are GRANTED IN PART and DENIED IN PART: 1. Ford Motor Company's #84 Motion to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support. 2. Eaton Corporation's #88 Motion to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support. 3. Defendant Navistar's #90 Motion to Exclude Plaintiffs' Experts Staggs' and Ewing's Unreliable Causation Opinions. Signed by Judge Robert J. Shelby on 03/23/2023. (jl)
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Filing 176
NOTICE of SUPPLEMENTAL AUTHORITY by Kathi A. Riegler (Attachments: #1 Exhibit Exhibit A - Michel v Ford Motor Company, #2 Exhibit Exhibit B - Crossland v Huntington Ingalls Inc, #3 Exhibit Exhibit C - Order and Reasons denying [795) (Nemeroff, Richard)
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Filing 175
NOTICE of Notice of Withdrawal of Carlisle's Pending Motions and Joinder by Carlisle Companies, Carlisle Industrial Brake & Friction re #89 Defendant's MOTION for Summary Judgment, #150 Reply Memorandum/Reply to Response to Motion, #136 Reply Memorandum/Reply to Response to Motion (Martin, J.)
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Filing 174
Minute Order. Proceedings held before Judge Robert J. Shelby: Counsel present for parties by Zoom video conference. Discussion heard on the pending motions to exclude. Court took the motions under advisement and will issue a written ruling. Court did not require nor hear arguments on the pending motions for summary judgment.Court adjourned.taking under advisement #84 Motion to Exclude; taking under advisement #85 Motion to Exclude; taking under advisement #88 Motion to Exclude; taking under advisement #90 Motion to Exclude; Motion Hearing held on 3/7/2023 re #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support filed by Ford Motor Company, #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Kathi A. Riegler, #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support filed by Eaton Corporation, #90 Defendant's MOTION to Exclude Plaintiffs' Experts' Unreliable Causation Opinions and Memorandum in Support filed by Navistar. Written Order to follow oral order: Yes. Attorney for Plaintiff: Barrett Naman, Attorney for Defendant Jill Dunyon, Scott Jacobson, Christopher Martinez, Mark Nickel. Court Reporter: Ed Young.(Time Start: 1:30, Time End: 3:30, Room Zoom Video Conference.) (asb)
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Filing 173
ORDER granting #172 Motion to Dismiss Party. Cheryl Giles and April Riegler terminated. Signed by Judge Robert J. Shelby on 02/21/2023. (jl)
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Filing 172
Stipulated MOTION to Dismiss Party Cheryl Giles, and April Riegler Dispensable Wrongful Death Heirs filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit Proposed Order)(Nemeroff, Richard)
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Filing 171
NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Ronald L. Hellbusch.Attorney Ronald L. Hellbusch will no longer receive notice from the court in this case including final judgment. (Hellbusch, Ronald)
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Filing 170
ANSWER to #78 Amended Complaint and Notice to Apportion Fault filed by Navistar.(Jacobson, H.)
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Filing 169
Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 2/15/2023. Issues discussed regarding the joint response to the order to show cause. Plaintiff will file their motion to dismiss the dispensable parties within 7 days. Attorney for Plaintiff: Barrett Naman, Attorney for Defendant: Scott Jacobson, Christopher Martinez, Barbara Maw, Mark Nickel. Court Reporter: Ed Young.(rlr)
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Filing 168
NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Ronald L. Hellbusch.Attorney Ronald L. Hellbusch will no longer receive notice from the court in this case including final judgment. (Hellbusch, Ronald)
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Filing 167
DOCKET TEXT ORDER SETTING STATUS HEARING re #166 Response to Order to Show Cause filed by Navistar, Ford Motor Company, Eaton Corporation No attached document. Status Conference set for 2/15/2023 at 03:30 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. The parties should come prepared to discuss the Response to the courts Order to Show Cause and the implications, if any, a dismissal of the relevant parties would have on the pending motions. Signed by Judge Robert J. Shelby on 2/14/2023. (rlr)
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Filing 166
RESPONSE TO ORDER TO SHOW CAUSE re #165 Order to Show Cause,, filed by Eaton Corporation, Ford Motor Company, Navistar. (Martinez, Christopher)
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Filing 165
ORDER TO SHOW CAUSE. The parties are ORDERED to meet and confer about subject matter jurisdiction. The Plaintiffs are also ORDERED to show cause by Monday, February 13, 2023, at 5:00 p.m. why this case should not be dismissed for lack of subject matter jurisdiction. The Defendants may also respond to this Order by Monday, February 13, 2023, at 5:00 p.m., if they choose. Or, rather than respond separately, the parties may choose to file a single joint response. Signed by Judge Robert J. Shelby on 02/06/2023. (jl)
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Filing 164
RESPONSE re #163 Notice of Supplemental Authority, filed by Ford Motor Company. (Martinez, Christopher)
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Filing 163
NOTICE of SUPPLEMENTAL AUTHORITY by Kathi A. Riegler (Attachments: #1 Exhibit Order dated October 19, 2022, by Hon. Randall Skanchy) (Nemeroff, Richard)
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Filing 162
Plaintiff's REPLY to Response to Motion re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Plaintiffs John C. Riegler, Kathi A. Riegler. (Attachments: #1 Exhibit 1966 O'DONNELL ET A, #2 Exhibit 2012 IARC, #3 Exhibit Joint Policy Committee, #4 Exhibit Helsinki Criteria, #5 Exhibit O'Neal_2022.05_05.O'Neal_702_Reply_Memo_w_Exhibit, #6 Exhibit 2012 Jiang Iron overload signature in chrysotile-induced malignant mesothelioma, #7 Exhibit 1974 Wagner, #8 Exhibit Letter from S. Johnson to A. Kane, #9 Exhibit 2009 Welch Silverstein Lemen, #10 Exhibit 2001 Nicholson, #11 Exhibit 2012 McCormack et al, Estimating BJC paper, #12 Exhibit 2013 BJC Reply by McCormack, #13 Exhibit Roggli_2019.09.10_V3_Lewis (Finch & WHO), #14 Exhibit Hodgson Darnton 2000, #15 Exhibit Berman Crump 2008, #16 Exhibit Hodgson and Darnton.Mesothelioma risk from chrysotile.Occup Environ Med 2009)(Nemeroff, Richard)
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Filing 161
MEMORANDUM DECISION and Order: Carlisle's Joinder #140 Motion is DENIED. Based on that decision, Plaintiffs #145 Motion to Strike is DENIED AS MOOT. Signed by Judge Robert J. Shelby on 01/03/2023. (jl)
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Filing 160
Supplemental RESPONSE to Motion re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Defendant Ford Motor Company. (Martinez, Christopher)
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Filing 159
DOCKET TEXT ORDER granting #158 Motion to Dismiss Party With Prejudice. Honeywell International terminated. Each party shall bear its own costs and attorneys fees, per the Stipulation. Signed by Judge Robert J. Shelby on 11/8/2022. No attached document. (alf)
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Filing 158
Stipulated MOTION to Dismiss Party Honeywell International Inc. filed by Defendant Honeywell International. (Kruger, Kristine) Modified on 11/8/2022 to correct event type (alf).
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Filing 157
AMENDED NOTICE OF ZOOM HEARING ON MOTION re: #90 Defendant's MOTION to Exclude Plaintiffs' Experts' Unreliable Causation Opinions and Memorandum in Support , #83 MOTION for Summary Judgment and Memorandum in Support , #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support, #89 Defendant's MOTION for Summary Judgment, #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support , #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support , #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing RESET for 3/7/2023 at 01:30 PM before Judge Robert J. Shelby. ZOOM Instructions will be emailed to counsel. (mjm)
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Filing 156
DOCKET TEXT ORDER - On August 1, 2022, Defendant Honeywell International Inc. filed a #143 Notice of Settlement. According to the Notice of Settlement, Honeywell and Plaintiffs had reached a settlement of Plaintiffs' claims against them in this matter and planned to submit a Stipulation and Proposed Order of Dismissal as to Honeywell upon completion of settlement terms. To date, no such documents have been filed. Plaintiffs and Honeywell shall within seven (7) days either file the anticipated dismissal documents or submit a status report explaining the delay and their present intentions in this matter. Signed by Judge Robert J. Shelby on 10/31/2022. (jl)
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Filing 155
DOCKET TEXT ORDER granting Defendant Ford Motor Company's #153 Motion for Leave to File Supplemental Memorandum. For good cause appearing, Ford Motor Company is hereby granted leave to file its Supplemental Memorandum in Opposition to Plaintiff's Motion to Preclude, attached as Exhibit A to Ford's Motion for Leave to File. See [153-1]. Based on Ford's lack of objection, as well as in fairness to Plaintiffs, Plaintiffs are hereby GRANTED LEAVE to file a Supplemental Reply in response to Fords Supplemental Memorandum in Opposition. Should they choose to file one, Plaintiffs' Reply must be no more than five (5) pages in length, limited to the issues raised in Fords Supplemental Opposition, and filed no later than fourteen (14) days from today. Signed by Judge Robert J. Shelby on 10/28/2022. No attached document. (jl)
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Filing 154
Motion No Longer Referred: Per chambers discussion #153 MOTION for Leave to File Supplemental Memorandum in Opposition to Plaintiffs' Daubert Motion to Preclude Defendant's Experts from Referencing and/or Testifying on Certain Matters that are Based on Inherently Unreliable Studies and Irrelevant will be handled by the district judge. (afm)
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Filing 153
MOTION for Leave to File Supplemental Memorandum in Opposition to Plaintiffs' Daubert Motion to Preclude Defendant's Experts from Referencing and/or Testifying on Certain Matters that are Based on Inherently Unreliable Studies and Irrelevant Materials and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Martinez, Christopher)
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Filing 152
AMENDED NOTICE OF ZOOM HEARING ON MOTION re: #90 Defendant's MOTION to Exclude Plaintiffs' Experts' Unreliable Causation Opinions and Memorandum in Support , #83 MOTION for Summary Judgment and Memorandum in Support , #89 Defendant's MOTION for Summary Judgment, #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support , #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support , #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing set for 11/8/2022 at 01:30 PM Before Judge Robert J. Shelby. PLEASE NOTE: Hearing will be held via ZOOM. ZOOM Instructions will be emailed to counsel (mjm)
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Filing 151
ORDER granting #146 Plaintiffs' Motion for Leave to File an Overlength Response and Reply. Signed by Magistrate Judge Cecilia M. Romero on 9/7/22. (dla)
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Filing 150
REPLY to Response to Motion re #145 MOTION to Strike CARLISLES REPLY IN SUPPORT OF ITS MOTION TO PRECLUDE THE CAUSATION OPINIONS OF PLAINTIFFS EXPERTS BRENT STAGG, MD AND WILLIAM EWING, CIH filed by Defendants Carlisle Companies, Carlisle Industrial Brake & Friction. (Martin, J.)
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Filing 149
RESPONSE to Motion re #145 MOTION to Strike filed by Defendant Carlisle Companies. (Attachments: #1 Exhibit Declaration of J. Tyler Martin in support of Carlisle's Opposition to Plaintiff's Motion to Strike)(Martin, J.)
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Filing 148
Plaintiff's RESPONSE to Motion re #140 MOTION to Exclude Plaintiffs' Daubert Motion to Preclude Defs' Experts from Referencing and/or Testifying on Certain Matters that are Based on Inherently Unreliable Studies and Irrelevant Materials filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A - Garabrant 2004, #3 Exhibit B - Garabrant 2015, #4 Exhibit C - Alexander, Dominik, #5 Exhibit D - Attanoos' Report, #6 Exhibit E - Barlow, Christy, #7 Exhibit F - Paustenbach Report, #8 Exhibit G - Goodman Report, #9 Exhibit H - Dr. Simmons, #10 Exhibit I - Dr. Taylor, #11 Exhibit J - Garabrant Testimony, #12 Exhibit K - Roggli Testimony)(Nemeroff, Richard)
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Filing 147
Plaintiff's RESPONSE to Motion re #140 MOTION to Exclude the Causation Opinions of Plaintiffs' Experts Brent Staggs MD and William Ewing CIH filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A-S, #3 Exhibit T-Z1, #4 Exhibit AA-AT, #5 Exhibit AU-BM, #6 Exhibit BN-BP, #7 Exhibit BQ-BW, #8 Exhibit BX)(Nemeroff, Richard)
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Filing 146
Plaintiff's MOTION for Leave to File Overlength Opposition to Carlisle's Motion to Exclude filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 145
MOTION to Strike RESPONSE to Motion #140 MOTION to Exclude filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order)(Nemeroff, Richard) Modified by correcting event type, modifying docket text on 8/11/2022 (dla).
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Filing 144
WITHDRAWAL OF MOTION by Defendant Honeywell International re #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support filed by Honeywell International . (Kruger, Kristine)
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Filing 143
NOTICE of Settlement by Honeywell International (Kruger, Kristine)
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Filing 142
Modification of Docket re #140 MOTION to Exclude: Error: motion was filed as a motion for joinder. Under Local Rule DUCivR 7-1(a)(7) joinder is improper, each party must file must file its own motion for relief. Correction: motion relief changed to Motion to Exclude per chambers instruction. (jwt)
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Filing 141
Motions No Longer Referred: Per discussion of chambers, #140 MOTION for Joinder and Memorandum in Support Carlisle's Joinder in Co-Defendants' Briefing Concerning Experts will be handled by the district judge. (jfm)
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Filing 140
MOTION for Joinder to Exclude and Memorandum in Support Carlisle's Joinder in Co-Defendants' Briefing Conerning Experts filed by Defendants Carlisle Companies, Carlisle Industrial Brake & Friction. Motions referred to Cecilia M. Romero.(Martin, J.) Modified on 7/29/2022 - motion relief changed to motion to exclude per CMR chambers (jwt).
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Filing 139
NOTICE OF HEARING ON MOTION re: #90 Defendant's MOTION to Exclude Plaintiffs' Experts' Unreliable Causation Opinions and Memorandum in Support , #83 MOTION for Summary Judgment and Memorandum in Support , #89 Defendant's MOTION for Summary Judgment, #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support , #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support , #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support , #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/8/2022 at 01:30 PM in Rm 3.100 before Judge Robert J. Shelby. (mjm)
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Filing 138
Sur-reply MEMORANDUM in Opposition re #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit Roelofs, Meso and Employment in Mass, #2 Exhibit Leigh_2001_AJIM_Malignant Meso in Australia 1945-2000, #3 Exhibit Langer_1982_Lancet_Meso in Brake Repair Worker, #4 Exhibit Pukkla, Occupation and cancer followup, #5 Exhibit EPA Guidance for Auto Mechanics)(Nemeroff, Richard)
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Filing 137
ORDER granting #125 Motion for Leave to File Sur-Reply to #91 Honeywell's Motion to Exclude Unreliable Causation Opinions of Plaintiffs' Expert Brent Staggs, MD. Signed by Magistrate Judge Cecilia M. Romero on 6/29/2022. (jwt)
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Filing 136
REPLY to Response to Motion re #89 Defendant's MOTION for Summary Judgment filed by Defendants Carlisle Companies, Carlisle Industrial Brake & Friction. (Nickel, Mark)
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Filing 135
ORDER granting #132 Amended Stipulated Motion for Extension of Time #132 for Defendant Carlisle Industrial Brake & Friction, Inc. f/k/a Motion Control Industries, Inc., to file its Reply in support of their Motion for Summary Judgment. Signed by Magistrate Judge Cecilia M. Romero on 6/22/22. (dla)
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Filing 134
EXHIBITS filed by Kathi A. Riegler re 129 Order,. (Attachments: #1 Exhibit Roelofs, #2 Exhibit Leigh, #3 Exhibit Langer, #4 Exhibit Pukkla, #5 Exhibit EPA Guidance)(Nemeroff, Richard)
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Filing 133
ORDER granting #128 Eaton Corporation's Motion for Leave to File Overlength Reply in support of Federal Rules of Evidence 403 and 702 Motion to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions. Signed by Magistrate Judge Cecilia M. Romero on 6/17/22. (dla)
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Filing 132
Amended MOTION for Extension of Time to File Response/Reply In Support of their Motion for Summary Judgement filed by Defendant Carlisle Industrial Brake & Friction. (Attachments: #1 Text of Proposed Order For Motion to Extend Time to File Reply) Motions referred to Cecilia M. Romero.(Nickel, Mark)
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Filing 131
REPLY to Response to Motion re #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support filed by Defendant Eaton Corporation. (Attachments: #1 Exhibit 1 - James Clark deposition)(Dunyon, Jill)
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Filing 130
ORDER granting #127 Motion for Extension of Time to File Response/Reply re #89 Defendant's MOTION for Summary Judgment: Reply memo due by 6/22/2022. Signed by Magistrate Judge Cecilia M. Romero on 6/17/22 (alt)
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Filing 129
DOCKET TEXT ORDER TO EXPEDITE BRIEFING RE: Plaintiff's #125 Motion for Leave to File Sur-Reply. The court directs Plaintiff to file the proposed Sur-Reply as a supplemental exhibit to the #125 Motion no later than June 21, 2022. The court further directs that any response or notice of non-opposition to Plaintiff's #125 Motion be filed no later than June 24, 2022. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 6/17/2022. (jfm)
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Filing 128
MOTION for Leave to File Excess Pages in Support of Eaton's Federal Rules of Evidence 403 and 702 Motion to Exclude Pltf's Experts Staggs and Ewing's Unreliable Causation Opinions filed by Defendant Eaton Corporation. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Dunyon, Jill)
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Filing 127
Stipulated MOTION for Extension of Time to File Response/Reply in support of the Motion for Summary Jugdement filed by Defendant Carlisle Industrial Brake & Friction. (Attachments: #1 Text of Proposed Order for Stipulated Motion to Extend Time) Motions referred to Cecilia M. Romero.(Nickel, Mark)
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Filing 126
REPLY to Response to Motion re #83 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Staggs Deposition, #2 Exhibit B - 5.13.22 Ltr from Duke University)(Martinez, Christopher)
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Filing 125
Plaintiff's MOTION for Leave to File Sur-Reply to Honeywell's Motion to Exclude Unreliable Causation Opinions of Plaintiffs' Expert Brent Staggs, MD filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 124
REPLY to Response to Motion re #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support filed by Defendant Ford Motor Company. (Martinez, Christopher)
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Filing 123
Plaintiff's RESPONSE to Motion re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit Alexander Testimony)(Nemeroff, Richard)
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Filing 122
REPLY to Response to Motion re #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support filed by Defendant Honeywell International. (Attachments: #1 Affidavit Declaration of Kristine E. Kruger, #2 Exhibit A-P)(Kruger, Kristine)
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Filing 121
Plaintiff's MEMORANDUM in Opposition re #89 Defendant's MOTION for Summary Judgment and Memorandum in Support in Support of Defendant Carlisle Corporations Motion for Summary Judgment filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit A-M, #2 Exhibit N-X)(Nemeroff, Richard)
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Filing 120
Plaintiff's REPLY to Response to Motion re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit Garabrant Article, #2 Exhibit Garabrant Article, #3 Exhibit Alexander Report, #4 Exhibit Attanoos Report, #5 Exhibit Barlow Report, #6 Exhibit Paustenbach Report, #7 Exhibit Goodman Report, #8 Exhibit Simmons Report, #9 Exhibit Taylor Report, #10 Exhibit Garabrant Testimony, #11 Exhibit Roggli Testimony)(Nemeroff, Richard)
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Filing 119
ORDER granting #113 Defendant Ford Motor Company's Unopposed Motion for Extension of Time to File Reply Memorandum. Signed by Magistrate Judge Cecilia M. Romero on 6/2/22. (dla)
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Filing 118
ORDER granting #112 Defendant Ford Motor Company's Motion for Leave to File Overlength Reply Memorandum. Signed by Magistrate Judge Cecilia M. Romero on 6/2/22. (dla)
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Filing 117
ORDER granting #109 Defendant Honeywell's Motion for Leave to File Overlength Reply Memorandum. Signed by Magistrate Judge Cecilia M. Romero on 6/2/22. (dla)
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Filing 116
Plaintiff's MEMORANDUM in Opposition re #83 MOTION for Summary Judgment and Memorandum in Support (filed by Ford Motor Company) filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit A-L, #2 Exhibit M-Z, #3 Exhibit AA-AJ)(Nemeroff, Richard)
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Filing 115
ORDER granting #111 Plaintiffs Motion to File Over-Length Opposition. Signed by Magistrate Judge Cecilia M. Romero on 6/2/22. (dla)
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Filing 114
ORDER granting #108 Plaintiffs Motion to File Over-Length Consolidated Reply. Signed by Magistrate Judge Cecilia M. Romero on 6/2/22. (dla)
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Filing 113
MOTION for Extension of Time to File Response/Reply as to #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Proposed Order) Motions referred to Cecilia M. Romero.(Martinez, Christopher)
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Filing 112
MOTION for Leave to File Overlength Reply Memorandum in Support of Ford Motor Company's Motion to Exclude Plaintiffs' Expert's Unreliable Causation Opinion filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Cecilia M. Romero.(Martinez, Christopher)
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Filing 111
Plaintiff's MOTION for Leave to File Over-Length Opposition to Ford Motor Company's Motion for Summary Judgment filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 110
Defendant's MEMORANDUM in Opposition re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Defendant Navistar. (Jacobson, H.)
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Filing 109
MOTION for Leave to File Overlength Reply Memorandum in Support of Motion to Exclude Plaintiffs' Expert Dr. Brent Staggs filed by Defendant Honeywell International. (Attachments: #1 Text of Proposed Order Order Granting Leave to File Overlength Reply Memorandum) Motions referred to Cecilia M. Romero.(Kruger, Kristine)
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Filing 108
Plaintiff's MOTION for Leave to File Over-Length Consolidated Reply to Defendants' Responses to Plaintiffs' Daubert Motion to Preclude Defendants' Experts from Referencing and/or Testifying on Certain Matters that are based on Inherently Unreliable Studies and Irrelevant Materials filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 107
MEMORANDUM in Opposition re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Defendant Eaton Corporation. (Attachments: #1 Exhibit 1 - Alexander Report, #2 Exhibit 2 - Alexander Deposition, #3 Exhibit 3 - Taylor Report)(Dunyon, Jill)
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Filing 106
Plaintiff's RESPONSE to Motion re #84 MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support , #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support , #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support , #90 Defendant's MOTION to Exclude Plaintiffs' Experts' Unreliable Causation Opinions and Memorandum in Support filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Nemeroff, Richard)
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Filing 105
MEMORANDUM in Opposition re #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Daubert Motion, #2 Exhibit B - Waite v. All Acquisition Corp, #3 Exhibit C - Goodman Report, #4 Exhibit D - Mesothelioma Among Motor Vehicle Mechanics, #5 Exhibit E - Mesothelioma and Lung Cancer Among Motor Vehicle Mechanics, #6 Exhibit F - Updated Review and Meta-Analysis, #7 Exhibit G - Staggs Deposition, #8 Exhibit H - Paustenbach Report, #9 Exhibit I - Ewing Deposition, #10 Exhibit J - Brody Report, #11 Exhibit K - Update of Potency Factors, #12 Exhibit L - Garabrant Declaration, #13 Exhibit M - Staggs Affidavit, #14 Exhibit N - Risk Analysis, #15 Exhibit O - Roggli Deposition, #16 Exhibit P - Roggli CV)(Martinez, Christopher)
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Filing 104
ORDER granting #100 Plaintiffs' Motion for Leave to File Over-Length Consolidated Response to Defendants' Motions to Exclude.This Order supersedes the order entered at docket entry #102 . The Order entered at #102 is STRICKEN. Signed by Magistrate Judge Cecilia M. Romero on 5/20/22. (dla)
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Filing 103
ORDER granting #99 Ford Motor Company's Motion for Leave to File Overlength Memorandum in Opposition to Plaintiff's Daubert Motion. Signed by Magistrate Judge Cecilia M. Romero on 5/19/22. (dla)
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Filing 102
STRICKEN ENTERED AS TO INCORRECT MOTION ORDER granting #100 Ford Motor Company's Motion for Leave to File Overlength Memorandum in Opposition. Signed by Magistrate Judge Cecilia M. Romero on 5/19/22. (dla) Modified by striking docket entry on 5/20/2022 (dla).
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Filing 101
ANSWER to #78 Amended Complaint filed by Honeywell International.(Kruger, Kristine)
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Filing 100
Plaintiff's MOTION for Leave to File Excess Pages of their Consolidated Reply to Defendants' Motions to Exclude Brent C. Staggs, MD and William Ewing's Unreliable Causation Opinions filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 99
MOTION for Leave to File Overlength Memorandum in Opposition to Plaintiff's Daubert Motion to Preclude Defendants' Experts From Referencing And/Or Testifying on Certain Matters That Are Based On Inherently Unreliable Studies and Irrelevant Materials filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Cecilia M. Romero.(Martinez, Christopher)
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Filing 98
NOTICE of Appearance by Maryann Bauhs on behalf of Ford Motor Company (Bauhs, Maryann)
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Filing 97
ANSWER to #78 Amended Complaint and Notice to Apportion Fault filed by Ford Motor Company.(Martinez, Christopher)
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Filing 96
ORDER granting #87 Motion for Leave to File Overlength Motion to Exclude. Signed by Judge Robert J. Shelby on 5/13/22. (dla)
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Filing 95
ORDER granting #86 Motion for Leave to File Overlength Daubert Motion to Exclude. Signed by Magistrate Judge Cecilia M. Romero on 5/13/22. (dla)
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Filing 94
Motions No Longer Referred: Per discussion of chambers, #85 Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS, #84 MOTION to Exclude Plaintiffs' Expert's Opinions, #88 MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Opinions, #91 MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Opinions, #90 Defendant's MOTION to Exclude Plaintiffs' Experts' Opinions will be handled by the district judge. (jfm)
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Filing 93
NOTICE of Appearance by Mark A. Nickel on behalf of Carlisle Companies, Carlisle Industrial Brake & Friction (Nickel, Mark)
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Filing 92
ANSWER to #78 Amended Complaint filed by Eaton Corporation.(Maw, Barbara)
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Filing 91
MOTION to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions and Memorandum in Support filed by Defendant Honeywell International. (Attachments: #1 Text of Proposed Order, #2 Declaration of Kristine Kruger, #3 Exhibit A-E, #4 Exhibit F-I, #5 Exhibit J-Part 1, #6 Exhibit J-Part 2, #7 Exhibit J-Part 3, #8 Exhibit J-Part 4, #9 Exhibit K-O) Motions referred to Cecilia M. Romero.(Kruger, Kristine)
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Filing 90
Defendant's MOTION to Exclude Plaintiffs' Experts' Unreliable Causation Opinions and Memorandum in Support filed by Defendant Navistar. Motions referred to Cecilia M. Romero.(Jacobson, H.)
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Filing 89
Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Carlisle Companies, Carlisle Industrial Brake & Friction. (Attachments: #1 Exhibit Exhibit A Plaintiff's Response to Standard Interrogatories, #2 Exhibit Exhibit B J Riegler Deposition, #3 Exhibit Exhibit C Declaration of Ronald Creamer, #4 Exhibit Exhibit D Plaintiff's Response to Standard Interrogatories, #5 Exhibit Exhibit E Plaintiffs' Response to Master Requests for Production of Documents, #6 Exhibit Exhibit F Plaintiffs' Objections and Responses to Defendant Carlisle's Interrogatories to Plaintiffs, #7 Exhibit Exhibit G Plaintiffs' Objections and Response to Defendant Carlisle's Reqeust for Admissions, #8 Exhibit Exhibit H Declaration of J. Tyler Martin, #9 Exhibit Exhibit I In re Asbestos Litigation, Case No. 010900863 (Sept 6, 2007), Memorandum Decision)(Martin, J.) Modified on 6/17/2022: removed incorrectly added entry text (alt)
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Filing 88
MOTION to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions and Memorandum in Support filed by Defendant Eaton Corporation. (Attachments: #1 Exhibit 1 - Report of Brent C. Staggs, MD, #2 Exhibit 2 - Riegler Depo, #3 Exhibit 3 - Staggs Deposition, #4 Exhibit 4 - Ewing Depo) Motions referred to Cecilia M. Romero.(Dunyon, Jill)
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Filing 87
MOTION for Leave to File Excess Pages and Memorandum in Support of Motion to Exclude Plaintiffs' Experts Brent C. Staggs, M.D. and William Ewing's Unreliable Causation Opinions filed by Defendant Eaton Corporation. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Dunyon, Jill)
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Filing 86
MOTION for Leave to File Overlength Daubert Motion to Exclude Plaintiffs' Expert Dr. Brent Staggs Unreliable Causation Opinions and Memorandum In Support filed by Defendant Honeywell International. (Attachments: #1 Text of Proposed Order Exhibit A - Order Granting Motion for Leave to File Overlength Daubert Motion to Exclude Plaintiffs' Expert Dr. Brent Staggs' Unreliable Causation Opinions) Motions referred to Cecilia M. Romero.(Kruger, Kristine)
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Filing 85
Plaintiff's MOTION to Exclude DEFENDANTS EXPERTS FROM REFERENCING AND/OR TESTIFYING ON CERTAIN MATTERS THAT ARE BASED ON INHERENTLY UNRELABLE STUDIES AND IRRELEVANT MATERIALS and Memorandum in Support filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit Staggs Affidavit, #2 Exhibit Riegler Deposition, #3 Exhibit Alexander Report, #4 Exhibit Alexander Deposition, #5 Exhibit Taylor Report, #6 Exhibit Taylor Reliance Materials, #7 Exhibit Paustenbach Deposition, #8 Exhibit Paustenbach Deposition, #9 Exhibit Schlenker Deposition, #10 Exhibit Ford Billing Rates, #11 Exhibit Ponterio Affidavit, #12 Exhibit Ford Memo, #13 Exhibit Trial Excerpt, #14 Exhibit Table, #15 Exhibit Teta Deposition, #16 Exhibit Paustenbach Deposition, #17 Exhibit Gibbs Deposition, #18 Exhibit Letter to Editor, #19 Exhibit Garabrant Deposition, #20 Exhibit Paustenbach Deposition, #21 Exhibit Rost v. Ford, #22 Exhibit Ruckdeschel Affidavit, #23 Exhibit Article, #24 Exhibit Letter, #25 Exhibit Article, #26 Exhibit Article, #27 Exhibit Garabrant Deposition, #28 Exhibit Article, #29 Exhibit Roggli Deposition, #30 Exhibit Gibbs Deposition, #31 Exhibit Alexander Deposition, #32 Exhibit Article, #33 Exhibit Article, #34 Exhibit Churg Deposition, #35 Exhibit Attanoos Deposition, #36 Exhibit Churg Deposition, #37 Exhibit Crapo Deposition, #38 Exhibit Article) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 84
MOTION to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1 - Decl of J. Goodman, #2 Exhibit 2 - Decl of D. Paustenbach, #3 Exhibit 3 - Riegler Deposition, #4 Exhibit 4 - Dr. Staggs Deposition, #5 Exhibit 5 - Dr. Staggs Report, #6 Exhibit 6 - Smith v. Ford Opinion, #7 Exhibit 7 - Free v. Ametek Opinion, #8 Exhibit 8 - NYC Asbestos Litigation Opinion, #9 Exhibit 9 - Settlemyer v. Borg-Warner Opinion, #10 Exhibit 10 - Anhert v. Employers Ins Transcrip, #11 Exhibit 11 - Aldridge-Basis and Measurement of Thresholds, #12 Exhibit 12 - Reference Guide on Tosicology, #13 Exhibit 13 - Lynch, Brake Lining Decomposition Products, #14 Exhibit 14 - Williams and Muhlbaier, Asbestos Brake Emissions, #15 Exhibit 15 - Index of Persuasive Authority, #16 Exhibit 16-1 to 16-16-Epidemiological Studies, #17 Exhibit 16-17 to 16-18-Epidemiology Studies, #18 Exhibit 16-19 to 16-34-Epidemiological Studies, #19 Exhibit 12-29-2021 Email, #20 Exhibit 18 - Brody Report) Motions referred to Cecilia M. Romero.(Martinez, Christopher)
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Filing 83
MOTION for Summary Judgment and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Riegler Deposition, #2 Exhibit B - Staggs Deposition, #3 Exhibit C - Ewing Deposition, #4 Exhibit D - Staggs Report, #5 Exhibit E - Brody Report, #6 Exhibit F - 12.29.2021 Email, #7 Exhibit G - Initial Disclosures, #8 Exhibit H - Ewing Report, #9 Exhibit I - Castleman Report, #10 Exhibit J - Decl of D. Paustenbach, #11 Exhibit K - Hickish and Knight)(Martinez, Christopher)
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Filing 82
ORDER granting #79 Motion for Leave to File Over-Length Daubert Motion to Preclude Defendants' Experts. Signed by Magistrate Judge Cecilia M. Romero on 5/5/22. (dla)
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Filing 81
ORDER granting #80 Defendant Ford Motor Company's Motion for Leave to File Overlength Motion to Exclude Plaintiffs' Expert's Causation Opinion. Signed by Magistrate Judge Cecilia M. Romero on 5/4/22. (dla)
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Filing 80
Plaintiff's MOTION for Leave to File Over-Length Daubert Motion to Preclude Defendants Experts from Referencing and/or Testifying on Certain Matters That Are Based on Inherently Unreliable Studies and Irrelevant Materials filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 79
MOTION for Leave to File Overlength Daubert Motion to Exclude Plaintiffs' Expert's Unreliable Causation Opinion and Memorandum in Support and Memorandum in Support filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Cecilia M. Romero.(Martinez, Christopher)
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Filing 78
AMENDED COMPLAINT of the Plaintiffs against All Defendants with Jury Demand. New Plaintiffs: Cheryl Giles and April Riegler. Removed Defendants: DCo LLC. filed by Kathi A. Riegler. (Nemeroff, Richard)
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Filing 77
ORDER granting #76 Plaintiffs Motion for Leave to File First Amended Complaint. Signed by Magistrate Judge Cecilia M. Romero on 5/2/22. (dla)
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Filing 76
Plaintiff's MOTION for Leave to File First Amended Civil Action Complaint and Memorandum in Support of Motion for Leave filed by Plaintiff Kathi A. Riegler. (Attachments: #1 Exhibit 1st Amended Complaint, #2 Exhibit Redlined 1st Amended Complaint, #3 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 75
OBJECTIONS to Plaintiff's Notice of Telephonic Deposition of Julie Goodman, PhD filed by Ford Motor Company. (Martinez, Christopher)
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Filing 74
DESIGNATION OF EXPERTS Tim Oury, M.D., Brian A. Taylor, M.D., Brook D. Simmons, MPH, CIH, Dominik D. Alexander, Ph.D., M.S.P.H. filed by Defendant Eaton Corporation.(Dunyon, Jill)
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Filing 73
ORDER granting #71 Motion for Dismissal of Defendant DCo, LLC Without Prejudice. Signed by Judge Robert J. Shelby on 1/21/22. (dla)
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Filing 72
NOTICE of Appearance by Christopher J. Martinez on behalf of Ford Motor Company (Martinez, Christopher)
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Filing 71
Stipulated MOTION to Dismiss Party DCo LLC Without Prejudice filed by Defendant DCo LLC. (Attachments: #1 Text of Proposed Order Order of Dismissal of Defendant DCo LLC without Prejudice)(Hellbusch, Ronald)
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Filing 70
NOTICE of Appearance by Jill L. Dunyon on behalf of Eaton Corporation (Dunyon, Jill)
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Filing 69
NOTICE of Appearance by Jill L. Dunyon on behalf of Eaton Corporation (Dunyon, Jill)
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Filing 68
NOTICE OF WITHDRAWAL OF COUNSEL of Dan R. Larsen filed by Dan R. Larsen on behalf of Ford Motor Company (Larsen, Dan)
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Filing 67
NOTICE of Regarding Order Granting Motion to Compel by Ford Motor Company re #66 Order on Motion for Short Term Discovery,, Order on Motion to Compel, (Martinez, Christopher)
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Filing 66
ORDER granting #63 Motion for Short Term Discovery; granting #63 Motion to Compel. IBM is ORDERED to respond to the Subpoena to Produce Documents, Information, or Objects (ECF 63 Ex. 2) by December 21, 2021 at 5:00 PM. Signed by Magistrate Judge Cecilia M. Romero on 12/13/21. (jrj)
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Filing 65
NOTICE of Deposition by Eaton Corporation of Dr. William Ewing (Maw, Barbara)
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Filing 64
NOTICE of Deposition by Eaton Corporation of Dr. Brent Staggs (Maw, Barbara)
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Filing 63
MOTION for Short Form Discovery re: Non-Party Subpoena , MOTION to Compel Non-Party Subpoena filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1 - IBM Business Search, #2 Exhibit 2 - Subpoena, #3 Exhibit 3 - Declaration of Service, #4 Exhibit 4 - 9/7/21 Ltr from CT Corp, #5 Exhibit 5 - 9/17/21 Ltr to CT Corp, #6 Exhibit 6 - 10/28/21 Ltr to CT Corp, #7 Exhibit 7 - Local Rule 37-1, #8 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Larsen, Dan)
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Filing 62
Defendant's OBJECTIONS filed by Eaton Corporation. (Maw, Barbara)
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Filing 61
ORDER granting #60 Motion for Admission Pro Hac Vice of Attorney R. Thomas Radcliffe, Jr for DCo LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 10/26/21. (jwt)
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Filing 60
Defendant's MOTION for Admission Pro Hac Vice of R. Thomas Radcliffe, Jr. , Registration fee $ 250, receipt number AUTDC-4148019,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant DCo LLC. (Attachments: #1 Exhibit, #2 Text of Proposed Order) Attorney Kyle C. Thompson added to party DCo LLC(pty:dft)(Thompson, Kyle)
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Filing 59
ORDER granting #55 Joint Motion for Amended Scheduling Order: Expert Discovery due by 4/8/2022. Dispositive or Potentially Dispositive Motions due by 5/6/2022. Signed by Magistrate Judge Cecilia M. Romero on 10/6/21. (dla) Modified by correcting docket text 10/6/2021 (dla).
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Filing 58
DOCKET TEXT ORDER granting #56 and #57 Motion to Withdraw; and terminating as moot #53 and #54 Motion to Expedite. Signed by Magistrate Judge Cecilia M. Romero on 10/05/2021. No attached document. (cvm)
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Filing 57
Plaintiff's MOTION to Withdraw #54 Plaintiff's MOTION to Expedite Motion to Compel Navistar to Produce Corporate Witness or Extend Discovery filed by Plaintiffs John C. Riegler, Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 56
Plaintiff's MOTION to Withdraw #53 Plaintiff's MOTION to Expedite Plaintiffs' Motion to Compel DCo to Produce Corporate Witness or Extend Discovery filed by Plaintiffs John C. Riegler, Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 55
Joint MOTION for Amended Scheduling Order filed by Plaintiffs John C. Riegler, Kathi A. Riegler. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 54
Plaintiff's MOTION to Expedite Motion to Compel Navistar to Produce Corporate Witness or Extend Discovery filed by Plaintiff John C. Riegler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 53
Plaintiff's MOTION to Expedite Plaintiffs' Motion to Compel DCo to Produce Corporate Witness or Extend Discovery filed by Plaintiff John C. Riegler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Nemeroff, Richard)
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Filing 52
NOTICE of Subpoena on IBM by Ford Motor Company (Attachments: #1 Exhibit IBM Subpoena) (Larsen, Dan)
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Filing 51
ORDER granting #50 Motion for Admission Pro Hac Vice of Attorney Samuel L. Tarry, Jr for Ford Motor Company.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 9/1/21. (dla)
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Filing 50
MOTION for Admission Pro Hac Vice of Samuel L. Tarry, Jr. , Registration fee $ 250, receipt number AUTDC-4098375,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order Proposed Order)(Larsen, Dan)
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Filing 49
OBJECTIONS to Notice of Oral and Videotaped Deposition of the Designated Representative(s) of Defendant Ford Motor Company filed by Ford Motor Company. (Attachments: #1 Exhibit A)(Larsen, Dan)
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Filing 48
SCHEDULING ORDER: Amended Pleadings due by 5/3/2021. Joinder of Parties due by 4/19/2021. Expert Discovery due by 1/21/2022. Motions due by 2/18/2022. Signed by Magistrate Judge Cecilia M. Romero on 4/9/21 (alt)
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Filing 47
DOCKET TEXT ORDER TO SUBMIT PROPOSED SCHEDULING ORDER. The court is in receipt of the parties' #46 Attorney Planning Meeting Report. As set forth in the #11 Order to Propose Schedule, the parties are hereby ordered to submit a proposed scheduling order in Microsoft Word Format directly to Judge Romero's chambers at utdecf_romero@utd.uscourts.gov. Signed by Magistrate Judge Cecilia M. Romero on 4/8/2021. (cvm)
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Filing 46
NOTICE OF FILING of Prposed Order re 45 Order, Draft Attorney Planning Meeting Report filed by Plaintiffs John C. Riegler, Kathi A. Riegler. (Nemeroff, Richard)
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Filing 45
DOCKET TEXT ORDER TO COMPLY. The parties are hereby ordered to comply with #11 Order to Propose Schedule within 10 days form the date of this Order. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 3/29/2021. (cvm)
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Filing 44
NOTICE of Change of Address by Barbara Maw (Maw, Barbara)
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Filing 43
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 3/26/2021. (mjm)
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Filing 42
Carlisle Industrial Brake & Friction Inc. Individually and Improperly Sued as Carlisle Companies Inc.'s ANSWER to Complaint with Jury Demand filed by Carlisle Companies.(Martin, J.)
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Filing 41
The deadline for submission of Consent/Reassignment Forms has now been passed. One or more of the parties did not file, therefore the case is ineligible for magistrate assignment. Case randomly assigned to District Judge Robert J. Shelby. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf)
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Filing 40
RECEIVED Consent/Reassignment Form from Defendant Honeywell International. (alf)
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Filing 39
RECEIVED Consent/Reassignment Form from Defendant DCo LLC. (alf)
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Filing 38
RECEIVED Consent/Reassignment Form from Defendant Navistar. (alf)
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Filing 37
NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #29 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (alf)
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Filing 36
CLERK'S NOTICE OF ERROR re #35 Notice (Other). Description of possible error: Document #35 stricken per Local Civil rule 26-1(b). Parties are requested to review Local Civil Rules before filing notices as to discovery. (alf)
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Filing 35
NOTICE of Service of Plaintiff's Responses to Standard Discovery Requests by John C. Riegler (Nemeroff, Richard) Modified on 2/8/2021 - document stricken per Local Civil Rule 26-1(b) (alf).
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Filing 34
Modification of Docket: Error: Notices #23 and #33 are not to be filed with the Court under Local Civil Rule 26-1(b). Correction: Documents are stricken from the record. (alf)
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Filing 33
NOTICE of Service of Amended Notice of Oral and Videotaped Deposition of John C. Riegler by John C. Riegler, Kathi A. Riegler (Nemeroff, Richard) Modified on 2/3/2021 - document stricken per Local Civil Rule 26-1(b) (alf).
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Filing 32
RECEIVED Consent/Reassignment Form from Defendant Eaton Corporation. (alf)
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Filing 31
RECEIVED Consent/Reassignment Form from Plaintiffs John C. Riegler, Kathi A. Riegler. (alf)
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Filing 30
RECEIVED Consent/Reassignment Form from Defendant Ford Motor Company. (alf)
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Filing 29
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 Carlisle Companies, Carlisle Industrial Brake & Friction, DCo LLC, Eaton Corporation, Ford Motor Company, Honeywell International, Navistar, Plaintiffs John C. Riegler, Kathi A. Riegler. Form due by 2/5/2021. (alf)
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Filing 28
ANSWER to Complaint with Jury Demand filed by Carlisle Companies, Carlisle Industrial Brake & Friction. Attorney J. Tyler Martin added to party Carlisle Companies (pty:dft), Attorney J. Tyler Martin added to party Carlisle Industrial Brake & Friction(pty:dft)(Martin, J.)
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Filing 27
Eaton Corporation's ANSWER to Complaint with Jury Demand filed by Eaton Corporation.(Maw, Barbara)
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Filing 26
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Ford Motor Company. (Larsen, Dan)
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Filing 25
ANSWER to Complaint with Jury Demand filed by Ford Motor Company. Attorney Dan R. Larsen added to party Ford Motor Company(pty:dft)(Larsen, Dan)
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Filing 24
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Honeywell International. (Kruger, Kristine)
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Filing 23
NOTICE of Service of Notice of Oral and Videotaped Deposition of John C. Riegler by John C. Riegler, Kathi A. Riegler (Nemeroff, Richard) Modified on 2/3/2021 - document stricken per Local Civil Rule 26-1(b) (alf).
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Filing 22
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Eaton Corporation identifying Eaton Corporation as Corporate Parent. (Maw, Barbara)
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Filing 21
ANSWER to Complaint with Jury Demand and Reliance on Jury Demand filed by DCo LLC. Attorney Ronald L. Hellbusch added to party DCo LLC(pty:dft)(Hellbusch, Ronald)
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Filing 20
** RESTRICTED DOCUMENT ** WAIVER OF SERVICE Returned Executed filed by Kathi A. Riegler, John C. Riegler as to Carlisle Companies Waiver sent on 11/16/2020, answer due 1/15/2021. (Nemeroff, Richard)
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Filing 19
** RESTRICTED DOCUMENT ** WAIVER OF SERVICE Returned Executed filed by Kathi A. Riegler, John C. Riegler as to Ford Motor Company Waiver sent on 11/16/2020, answer due 1/15/2021. (Nemeroff, Richard)
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Filing 17
WAIVER OF SERVICE Returned Executed filed by Eaton Corporation as to Eaton Corporation Waiver sent on 11/16/2020, answer due 1/15/2021. (Maw, Barbara)
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Filing 18
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Kristine E. Kruger for Honeywell International.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 12/11/20. (alf)
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Filing 16
MOTION for Admission Pro Hac Vice of Kristine E. Kruger , Registration fee $ 250, receipt number AUTDC-3831683,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Honeywell International. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - proposed Order)(Bouley, Sara)
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Filing 15
ANSWER to Complaint filed by Honeywell International. Attorney Sara E. Bouley added to party Honeywell International(pty:dft)(Bouley, Sara)
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Filing 14
ANSWER to Complaint and Jury Demand filed by Navistar. Attorney H. Scott Jacobson, Jr added to party Navistar(pty:dft)(Jacobson, H.)
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Filing 13
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Barrett B. Naman for John C. Riegler and Kathi A. Riegler.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 11/20/20. (alf)
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Filing 12
Plaintiff's MOTION for Admission Pro Hac Vice of Barrett B. Naman , Registration fee $ 250, receipt number AUTDC-3800653,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs John C. Riegler, Kathi A. Riegler. (Attachments: #1 Exhibit Application and COGS, #2 Text of Proposed Order Granting Admission PHV)(Nemeroff, Richard)
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Filing 11
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 10/30/20. (alf)
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Filing 10
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Navistar. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 9
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Honeywell International. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 8
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Ford Motor Company. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Eaton Corporation. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to DCo LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Carlisle Industrial Brake & Friction. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 4
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Carlisle Companies. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dw)
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Filing 3
Modification of Docket: Error: Counsel emailed initiating complaint on 10/29/2020 but did not e-file nor pay until 10/30/2020. Correction: Changed filing date and fee date to 10/30/2020. The date the complaint was e-filed and paid. re #2 Complaint. (dw)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3778551) filed by John C. Riegler. (Attachments: #1 Civil Cover Sheet Personal Injuries) Assigned to Magistrate Judge Daphne A. Oberg (Nemeroff, Richard)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiffs John C. Riegler & Kathi A. Riegler are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 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. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (dw)
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