Wade et al v. Industrial Supply et al
| Howard Wade and Deana Lyn Wade |
| Air & Liquid Systems, Carrier Corporation, CBS CORPORATION, Clark Reliance, Flowserve Corp, Flowserve US, FMC Corporation, Viad Corp, Gorman-Rupp Company, Industrial Supply, Buffalo Pumps, Alder Construction, Ameron International, Armstrong International, Aurora Pump, Blake Electric, BW/IP, Bryant Heating & Cooling Systems, Westinghouse Electric Corporation, Chicago Pneumatic Tool Company, Jerguson Gage & Valve, Crane Co, Elliott Company, Duriron Inc, Durco International, Edward Valves, Rockwell Manufacturing Company, Nordstrom Valves, Mccanna Corporation, Northern Pump Company, General Electric Company, Gorman-Rupp, Dial Corporation, Griscomb-Russell Company, Goulds Pumps, Greene Tweed & Company, Grinnell, Hercules, IMO Industries, ITT, Milwaukee Valve, MW Custom Papers, Robertshaw Controls Company, Sterling Fluid Systems USA, Velan Valve and Warren Pumps |
| 2:2022cv00097 |
| February 14, 2022 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 NOTICE OF TRANSMITTAL that case has been remanded to 3rd District Court, Salt Lake County via U.S. Mail Remand letter, Docket Sheet, Remand Order sent given case number 210907011. (Attachments: #1 Appendix Docket Sheet, Remand Order) (dla) |
Filing 45
ORDER granting #5 Joint Motion to Remand. Case closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 3/25/22. (dla)
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| Filing 44 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant IMO Industries identifying Colfax Corporation, a publicly traded company, Colfax Fluid Handling LLC, and Imo Holdings, Inc. as Corporate Parent. (Bailey, Bobbie) |
| Filing 43 NOTICE of Appearance by Stephen D. Kelson on behalf of Clark Reliance (Kelson, Stephen) |
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Filing 42
ORDER granting #39 Motion for Admission Pro Hac Vice of Attorney Bobbie R. Bailey for IMO Industries.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 Dustin B. Pead on 3/24/22. (dla)
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| Filing 41 ANSWER to Complaint filed by Aurora Pump. Attorney Rebecca L. Hill added to party Aurora Pump(pty:dft)(Hill, Rebecca) |
| Filing 40 ANSWER to Complaint filed by MW Custom Papers. Attorney Rebecca L. Hill added to party MW Custom Papers(pty:dft)(Hill, Rebecca) |
| Filing 39 MOTION for Admission Pro Hac Vice of Bobbie R. Bailey , Registration fee $ 250, receipt number AUTDC-4284983,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 IMO Industries. (Attachments: #1 Exhibit Application for Admission Pro Hac Vice, #2 Text of Proposed Order)(Maw, Barbara) |
| Filing 38 ANSWER to Complaint filed by IMO Industries. Attorney Barbara Maw added to party IMO Industries(pty:dft)(Maw, Barbara) |
| Filing 37 Defendant Flowserve US, Inc.'s ANSWER to Complaint and Reliance on Jury Demand filed by Flowserve US. Attorney Melinda A. Morgan added to party Flowserve US(pty:dft)(Morgan, Melinda) |
| Filing 36 NOTICE of Appearance by Stephen J. Trayner on behalf of Chicago Pneumatic Tool Company (Trayner, Stephen) |
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Filing 35
ORDER granting #33 Motion for Admission Pro Hac Vice of Attorney James Huss for Deana Lyn Wade, Howard Wade.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 Dustin B. Pead on 3/9/22. (dla)
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Filing 34
ORDER granting #32 Motion for Admission Pro Hac Vice of Attorney Randy Cohn for Deana Lyn Wade, Howard Wade.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 Dustin B. Pead on 3/9/22. (dla)
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| Filing 33 Plaintiff's MOTION for Admission Pro Hac Vice of James Huss , Registration fee $ 250, receipt number AUTDC-4271178,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 Deana Lyn Wade, Howard Wade. (Attachments: #1 Exhibit Application and COGS, #2 Text of Proposed Order Order granting PHV)(Nemeroff, Richard) |
| Filing 32 Plaintiff's MOTION for Admission Pro Hac Vice of Randy S. Cohn , Registration fee $ 250, receipt number AUTDC-4271165,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 Deana Lyn Wade, Howard Wade. (Attachments: #1 Exhibit Application and COGS, #2 Text of Proposed Order Order granting PHV)(Nemeroff, Richard) |
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Filing 31
DOCKET TEXT ORDER denying without prejudice #24 Motion for Admission Pro Hac Vice of Barrett B. Naman, denying without prejudice #27 Motion for Admission Pro Hac Vice of James R. Huss, and denying without prejudice #28 Motion for Admission Pro Hac Vice of Randy S. Cohen. Counsel is to use the Court's new form for Pro Hac Vice admission available at: https://www.utd.uscourts.gov/usdc-forms. Local Rule 83-1 was amended in 2020 and became effective December 1, 2020. The new form requires specific certifications and is to be used in compliance with the rule change. Signed by Magistrate Judge Dustin B. Pead on 03/08/2022. No attached document.
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Filing 30
DOCKET TEXT ORDER. On February 18, 2022, Defendant Viad Corp filed #5 Joint Motion to Remand to the Third Judicial District Court, Salt Lake County, Utah. No party has filed an opposition to this motion. No later than March 18, 2022, any party may file a brief showing cause why the joint motion should not be granted. If no such brief is filed, the motion will be granted and this action will be remanded. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 3/8/2022. (dgg)
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| Filing 29 ANSWER to Complaint and Reliance on Jury Demand filed by Milwaukee Valve. Attorney Anne Taylor Freeland added to party Milwaukee Valve(pty:dft)(Freeland, Anne) |
| Filing 28 Plaintiff's MOTION for Admission Pro Hac Vice of Randy S. Cohn , Registration fee $ 250, receipt number AUTDC-4267363,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 Deana Lyn Wade, Howard Wade. (Attachments: #1 Exhibit Application and COGS, #2 Text of Proposed Order Order granting PHV)(Nemeroff, Richard) |
| Filing 27 Plaintiff's MOTION for Admission Pro Hac Vice of James R. Huss , Registration fee $ 250, receipt number AUTDC-4267312,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 Deana Lyn Wade, Howard Wade. (Attachments: #1 Exhibit Application and COGS, #2 Text of Proposed Order Order granting PHV)(Nemeroff, Richard) |
| Filing 26 ANSWER to Complaint Hercules LLC's Answer to Plaintiffs' Original Complaint filed by Hercules. Attorney Katherine E. Venti added to party Hercules(pty:dft)(Venti, Katherine) |
| Filing 25 ANSWER to Complaint with Jury Demand filed by Chicago Pneumatic Tool Company. Attorney Michael L. Ford added to party Chicago Pneumatic Tool Company(pty:dft)(Ford, Michael) |
| Filing 24 Plaintiff's MOTION for Admission Pro Hac Vice of Barrett B. Naman , Registration fee $ 250, receipt number AUTDC-4265280,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 Deana Lyn Wade, Howard Wade. (Attachments: #1 Exhibit Application and COGS, #2 Text of Proposed Order Order granting MPHV)(Nemeroff, Richard) |
| Filing 23 ANSWER to Complaint (Notice of Removal #2 ) and Reliance on Jury Demand filed by Alder Construction. Attorney H. Scott Jacobson, Jr added to party Alder Construction(pty:dft)(Jacobson, H.) |
| Filing 22 Defendant BW/IP, Inc.'s ANSWER to Complaint and Reliance on Jury Demand filed by BW/IP. Attorney Melinda A. Morgan added to party BW/IP(pty:dft)(Morgan, Melinda) |
| Filing 21 NOTICE of Appearance by Katherine Mercer-Lawson on behalf of General Electric Company (Mercer-Lawson, Katherine) |
| Filing 20 ANSWER to Complaint - Crane Co.'s Answer to original Complaint filed by Crane Co. Attorney Katherine E. Venti added to party Crane Co(pty:dft)(Venti, Katherine) |
| Filing 19 NOTICE of Appearance by Gregory W. Stevens on behalf of Grinnell (Stevens, Gregory) |
| Filing 18 NOTICE of Appearance by Gregory W. Stevens on behalf of Goulds Pumps (Stevens, Gregory) |
| Filing 17 NOTICE of Appearance by Gregory W. Stevens on behalf of Carrier Corporation (Stevens, Gregory) |
| Filing 16 NOTICE of Appearance by Gregory W. Stevens on behalf of ITT (Stevens, Gregory) |
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Filing 15
ORDER OF RECUSAL Magistrate Judge Cecilia M. Romero recused as to referral judge assignment. Case reassigned to Magistrate Judge Dustin B. Pead for all further proceedings under (b)(1)(A) referral. Signed by Magistrate Judge Cecilia M. Romero on 2/23/22. (alf)
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| Filing 14 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Sterling Fluid Systems USA. Attorney Tracy H. Fowler added to party Sterling Fluid Systems USA(pty:dft)(Fowler, Tracy) |
| Filing 13 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by FMC Corporation. Attorney Tracy H. Fowler added to party FMC Corporation(pty:dft)(Fowler, Tracy) |
| Filing 12 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by CBS CORPORATION. Attorney Tracy H. Fowler added to party CBS CORPORATION(pty:dft)(Fowler, Tracy) |
| Filing 11 ANSWER to Complaint (Notice of Removal #2 ) and Jury Demanded filed by General Electric Company. Attorney Tracy H. Fowler added to party General Electric Company(pty:dft)(Fowler, Tracy) |
| Filing 10 ANSWER to Complaint filed by Armstrong International. Attorney Stephen D. Kelson added to party Armstrong International(pty:dft)(Kelson, Stephen) |
| Filing 9 ANSWER to Complaint filed by Viad Corp.(Hill, Rebecca) |
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Filing 8
DOCKET TEXT 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 Howard C. Nielson, Jr on 2/22/22. (dla)
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| Filing 7 Case Reassigned to District Judge per Docket Text Order 6 . Case randomly assigned to Judge Howard C. Nielson, Jr. Magistrate Judge Jared C. Bennett no longer assigned to the case. (alf) |
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Filing 6
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiffs and one Defendant have filed #5 Joint MOTION to Remand to Third Judicial District Court, Salt Lake County, State of Utah Accompanied by Viad Corp.'s Notice of Withdrawal of Notice of Removal Pursuant to 28 U.S.C. 1442. Because all parties have not yet appeared, consent to the jurisdiction of the Magistrate Judge is not possible. Therefore, IT IS HEREBY ORDERED that this case be reassigned to a District Judge through random reassignment. Signed by Magistrate Judge Jared C. Bennett on 02/18/2022. (docket text order; no attached document) (jcd)
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| Filing 5 Joint MOTION to Remand to Third Judicial District Court, Salt Lake County, State of Utah Accompanied by Viad Corp.'s Notice of Withdrawal of Notice of Removal Pursuant to 28 U.S.C. 1442 filed by Defendant Viad Corp. (Attachments: #1 Text of Proposed Order)(Hill, Rebecca) |
| Filing 4 File downloaded from Third District Court, Salt Lake County Web Xchange consisting of Docket Sheet, Complaint, Motion for Pro Hac Vice, Notice of Appearance (Warren Pumps), Answer (Industrial Supply & Clark Reliance), Notice of Event Due Dates, Notice of Notice of Removal and Exhibit and all applicable state court returns. (Attachments: #1 Complaint, #2 Complaint Return of Electronic Notification, #3 Pro Hac Vice Motion, #4 Motion Return of Electronic Notification, #5 Warren Pumps Notice of Appearance, #6 Notice of Appearance Return of Electronic Notification, #7 Answer Industrial Supply, #8 Answer Return of Electronic Notification, #9 Notice of Event Due Dates, #10 Answer Clark Reliance, #11 Answer Return of Electronic Notification, #12 Notice of Notice of Removal, #13 Exhibit A to Notice of Removal, #14 Notice and Exhibit Return of Electronic Notification) (alf) |
| Filing 3 EXHIBITS filed by Viad Corp re #2 Notice of Removal. (Hill, Rebecca) |
| Filing 2 NOTICE OF REMOVAL from Salt Lake County, case number 210907011, (Filing fee $ 402, receipt number AUTDC-4250482) filed by Viad Corp. (Attachments: #1 Exhibit A) Assigned to Magistrate Judge Jared C. Bennett (Kelson, Stephen) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Defendant Viad Corp 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 $ 402.00 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. (nl) |
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