Quisenberry v. Borgwarner Morse Tec Inc. et al
Plaintiff: Wesley J. Quisenberry
Defendant: Dana Companies, LLC, Huntington Ingalls Incorporated, Navistar, Inc. a Delaware Corporation doing business as Inernational Truck and Engine Corporation formerly known as International Harvester, Borgwarner Morse Tec Inc., Dana Corporation, Ford Motor Company, Honeywell International Inc., Newport News Shipbuilding And Dry Dock Company, Kelsey-Hayes Company and International Harvester
Case Number: 4:2016cv00126
Filed: July 21, 2016
Court: US District Court for the Eastern District of Virginia
Office: Newport News Office
County: Out of State
Presiding Judge: Arenda L Wright Allen
Referring Judge: Lawrence R Leonard
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1442 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2020 Opinion or Order Filing 126 DISMISSAL ORDER: ORDERED, ADJUDGED AND DECREED that Plaintiff's claims against Defendant Huntington Ingalls Incorporated are dismissed with prejudice, with each party to bear their own costs and attorney's fees except as specifically set forth in the Order Approving Compromise Settlement (ECF No. 124). Signed by District Judge Arenda L. Wright Allen on 01/06/2020. (bboy, )
December 19, 2019 Filing 125 Joint MOTION to Voluntarily Dismiss (Motion for Entry of Dismissal Order) by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit 1 (Proposed Order))(McGraw, Wendy)
January 25, 2019 Opinion or Order Filing 124 ORDER APPROVING COMPROMISE SETTLEMENT. It is ORDERED that this compromise settlement be, and it hereby is, approved; and it is further ORDERED that the settlement monies be distributed. See Order for details. Signed by District Judge Arenda L. Wright Allen on 1/25/2019. (jrin)
January 22, 2019 Filing 123 Amended MOTION for Settlement by Wesley J. Quisenberry. (Attachments: #1 Exhibit A, #2 Proposed Order)(George, Jonathan)
January 16, 2019 Filing 122 MOTION for Settlement by Wesley J. Quisenberry. (Attachments: #1 Exhibit A, #2 Proposed Order)(George, Jonathan)
November 2, 2018 Filing 121 Supreme Court Opinion. (Attachments: #1 Letter)(jrin)
May 21, 2018 Opinion or Order Filing 120 ORDER finding as moot #115 , this Motion to Withdraw as Attorney because the Supplemental Motion seeking withdrawal has been granted. Signed by District Judge Arenda L. Wright Allen on 5/21/2018. (Allen, Arenda)
May 21, 2018 Opinion or Order Filing 119 ORDER granting #117 , the Supplemental Motion to Withdraw as Attorney brought by attorney Johan Daniel Flynn as follows: Mr. Flynn, counsel of record for Defendant Dana Companies, LLC, is withdrawn from this matter as counsel. Defendant Dana Companies, LLC, continues to be represented in this matter by counsel of record R. Thomas Radcliffe, Jr., of the law firm DeHay & Elliston, LLP. The initial motion to withdraw will be denied as moot by separate Order. Signed by District Judge Arenda L. Wright Allen on 5/21/2018. (Allen, Arenda)
April 25, 2018 Filing 118 NOTICE of Voluntary Dismissal Stipulation of Dismissal Re: Ford Motor Company by Wesley J. Quisenberry (George, Jonathan)
April 11, 2018 Filing 117 Supplemental MOTION to Withdraw as Attorney Johan D. Flynn by Dana Companies, LLC. (Attachments: #1 Proposed Order)(Radcliffe, Richard)
April 10, 2018 Opinion or Order Filing 116 ORDER deferring ruling on #115 , a Motion to Withdraw Johan D. Flynn's Appearance via Pro Hac Vice. Counsel is directed to comply with the Court's Local Rules and file a statement providing the grounds for his proposed withdrawal. This must be filed no later than April 20, 2018. Plaintiff shall file a Response on or before May 18, 2018. Signed by District Judge Arenda L. Wright Allen on 4/10/2018. (Allen, Arenda)
April 5, 2018 Filing 115 MOTION to Withdraw as Attorney Johan D. Flynn by Dana Companies, LLC. (Attachments: #1 Proposed Order Proposed Order as to withdrawing Johan D. Flynn's appearance via Pro Hac Vice)(Radcliffe, Richard)
February 21, 2018 Opinion or Order Filing 114 ORDER dismissing #57 the Motion to Dismiss for Failure to State a Claim as follows: the briefing and motions-filing schedule in this action is STAYED pending adjudication of the certification of questions to the Virginia Supreme Court. A new schedule will be created following that adjudication, and leave will be granted for the filing of renewed motions to dismiss. Signed by District Judge Arenda L. Wright Allen on 2/21/2018. (Allen, Arenda)
December 21, 2017 Opinion or Order Filing 113 ORDER Denying #110 Motion to Supplement Certification Order. Signed by District Judge Arenda L. Wright Allen and filed on 12/21/17. Copies distributed to all parties 12/21/17. (ldab, )
December 18, 2017 Notice of Correction re #112 Memorandum in Opposition. Attorney notified that leave of court is needed to file document #112 . Please refile the motion and the proposed document as an attachment to the motion. (ldab, )
December 15, 2017 Filing 112 Memorandum in Opposition re #110 MOTION to Supplement Certification Order filed by Wesley J. Quisenberry. (George, Jonathan)
November 28, 2017 Filing 111 Memorandum in Support re #110 MOTION to Supplement Certification Order filed by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc.. (Neal, Mary)
November 28, 2017 Filing 110 MOTION to Supplement Certification Order by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc.. (Attachments: #1 Proposed Order)(Neal, Mary)
November 20, 2017 Filing 109 Letter received 11/20/17 from the Supreme Court of Virginia. (ldab, )
November 3, 2017 Opinion or Order Filing 108 CERTIFICATION ORDER: The Certifying Court respectfully requests that the Supreme Court of Virginia accept and answer the question certified herein. The Clerk is DIRECTED to forward this Order of Certification under the Certifying Court's official seal to the Supreme Court of Virginia. The Clerk is further authorized to transmit the original or copies of all or any portions of the record in this case that the Supreme Court of Virginia requests. IT IS SO ORDERED. Signed by District Judge Arenda L. Wright Allen and filed on 11/3/17. Copies distributed as directed 11/3/17.(ldab, )
October 19, 2017 Opinion or Order Filing 107 ORDER granting #102 the Motion for Joinder. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 19, 2017 Opinion or Order Filing 106 ORDER granting in part #96 the Motion for Extensions as follows: the current briefing and motions-filing schedule in this action is STAYED pending adjudication of the certification of questions to the Virginia Supreme Court. A new schedule will be created following that adjudication. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 19, 2017 Opinion or Order Filing 105 ORDER granting #78 Motion to certify. A separate ruling will issue to the Virginia Supreme Court. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 19, 2017 Opinion or Order Filing 104 ORDER granting #59 Motion to Certify. A separate ruling will issue to the Virginia Supreme Court. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 19, 2017 Opinion or Order Filing 103 ORDER deferring ruling on #57 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 19, 2017 Filing 102 First MOTION for Joinder of HII's Motion for Extension of Deadlines by Dana Companies, LLC. (Radcliffe, Richard)
October 19, 2017 Filing 101 NOTICE by Huntington Ingalls Incorporated re #96 MOTION for Extension of Deadlines Pending a Decision on its Motion to Dismiss and Motion to Certify RULE 7(E) NOTICE (McGraw, Wendy)
October 19, 2017 Opinion or Order Filing 100 ORDER granting #95 , the First Motion to appear Pro Hac Vice by Kurt Rasmussen as certified by local counsel R. Thomas Radcliffe, Jr., for Dana Companies, LLC. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 19, 2017 Opinion or Order Filing 99 ORDER granting #94 , the First Motion to appear Pro Hac Vice by Steven J. Parrott as certified by local counsel R. Thomas Radcliffe, Jr., for Dana Companies, LLC. Signed by District Judge Arenda L. Wright Allen on 10/19/2017. (Allen, Arenda)
October 18, 2017 Filing 98 RESPONSE in Opposition re #96 MOTION for Extension of Deadlines Pending a Decision on its Motion to Dismiss and Motion to Certify filed by Wesley J. Quisenberry. (George, Jonathan)
October 16, 2017 Filing 97 Memorandum in Support re #96 MOTION for Extension of Deadlines Pending a Decision on its Motion to Dismiss and Motion to Certify filed by Huntington Ingalls Incorporated. (McGraw, Wendy)
October 16, 2017 Filing 96 MOTION for Extension of Deadlines Pending a Decision on its Motion to Dismiss and Motion to Certify by Huntington Ingalls Incorporated. (McGraw, Wendy)
October 16, 2017 Filing 95 First Motion to appear Pro Hac Vice by Kurt Rasmussen and Certification of Local Counsel R. Thomas Radcliffe, Jr. Filing fee $ 75, receipt number 0422-5760204. Pro Hac Vice by Dana Companies, LLC. (Radcliffe, Richard)
October 16, 2017 Filing 94 First Motion to appear Pro Hac Vice by Steven J. Parrott and Certification of Local Counsel R. Thomas Radcliffe, Jr. Filing fee $ 75, receipt number 0422-5760175. Pro Hac Vice by Dana Companies, LLC. (Radcliffe, Richard)
September 18, 2017 Filing 93 NOTICE OF REQUEST FOR ORAL ARGUMENT by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc. re #78 MOTION Certify Question to the Supreme Court of Virginia Request for Oral Argument (Greene, Kevin)
September 15, 2017 Opinion or Order Filing 92 ORDER granting #91 , the Motion to appear Pro Hac Vice by Johan D. Flynn as certified by local counsel R. Thomas Radcliffe, Jr., for by Dana Companies, LLC. Signed by District Judge Arenda L. Wright Allen on 9/15/2017. (Allen, Arenda)
September 13, 2017 Filing 91 Motion to appear Pro Hac Vice by Johan D. Flynn and Certification of Local Counsel R. Thomas Radcliffe, Jr. Filing fee $ 75, receipt number 0422-5708966. by Dana Companies, LLC. (Radcliffe, Richard)
September 8, 2017 Filing 90 REPLY to Response to Motion re #78 MOTION Certify Question to the Supreme Court of Virginia filed by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Greene, Kevin)
September 8, 2017 Opinion or Order Filing 89 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Lawrence R. Leonard for all further proceedings. Magistrate Judge Robert J. Krask no longer assigned to case. Signed by Magistrate Judge Robert J. Krask on 9/7/17 and filed 9/8/17. Copies distributed to all counsel of record and to the courtroom deputies for The Honorable Arenda L. Wright Allen, and the undersigned 9/8/17.(ldab, )
September 8, 2017 Case Reassigned to Magistrate Judge Lawrence R. Leonard. Magistrate Judge Robert J. Krask no longer assigned to the case. (ldab, )
September 7, 2017 Minute Entry for proceedings held before Magistrate Judge Robert J. Krask:Settlement Conference held on 9/7/2017. (afor)
September 5, 2017 Opinion or Order Filing 88 ORDER Granting #86 Motion for Extension of Time to File Response/Reply re #78 MOTION Certify Question to the Supreme Court of Virginia. Reply brief due by 9/8/2017. Signed by Magistrate Judge Robert J. Krask and filed on 9/5/17. Copies distributed to all parties 9/5/17. (ldab, )
September 5, 2017 Opinion or Order Filing 87 AGREED ORDER TO EXTEND CERTAIN DEADLINES re #85 Motion for Extension of Time to File.. Signed by Magistrate Judge Robert J. Krask and filed on 9/5/17. Copies distributed to all parties 9/5/17. (ldab, )
September 5, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask re: #86 Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Memorandum in Opposition to the Automotive Parts Defendants Motion to Certify Question to the Supreme Court of Virginia (ldab, )
September 1, 2017 Filing 86 Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Memorandum in Opposition to the Automotive Parts Defendants Motion to Certify Question to the Supreme Court of Virginia by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Order)(Greene, Kevin)
September 1, 2017 Filing 85 Joint MOTION for Extension of Certain Deadlines by Huntington Ingalls Incorporated. (Attachments: #1 Proposed Order)(McGraw, Wendy)
September 1, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask re #85 Joint MOTION for Extension of Certain Deadlines (ldab, )
August 29, 2017 Filing 84 Memorandum in Opposition re #78 MOTION Certify Question to the Supreme Court of Virginia filed by Wesley J. Quisenberry. (George, Jonathan)
August 22, 2017 Opinion or Order Filing 83 ORDER granting #82 MOTION for Extension of Time to File Response/Reply as to #79 Brief in Support, #78 MOTION Certify Question to the Supreme Court of Virginia. Plaintiff shall have up to and including August 29, 2017 to file and serve a brief in response to the Automotive Parts Defendants' Motion to Certify Question to the Supreme Court of Virginia. Signed by Magistrate Judge Robert J. Krask on 8/21/2017. (cchr)
August 21, 2017 Filing 82 MOTION for Extension of Time to File Response/Reply as to #79 Brief in Support, #78 MOTION Certify Question to the Supreme Court of Virginia by Wesley J. Quisenberry. (Attachments: #1 Exhibit A)(George, Jonathan)
August 21, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask re: #82 MOTION for Extension of Time to File Response/Reply as to #79 Brief in Support, #78 MOTION Certify Question to the Supreme Court of Virginia (ldab, )
August 21, 2017 Notice of Correction re #81 Rule 26 Disclosure. Pursuant to FRCP 5(d) and/or the Rule 16(b) Scheduling Order discovery material is not to be filed. (ldab, )
August 18, 2017 Filing 81 Rule 26 Disclosure by Dana Companies, LLC. (Radcliffe, Richard)
August 9, 2017 Filing 80 Request for Hearing by Wesley J. Quisenberry re #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #58 Memorandum in Support, #57 MOTION to Dismiss for Failure to State a Claim , #77 Request for Hearing (George, Jonathan)
August 8, 2017 Filing 79 Brief in Support to #78 MOTION Certify Question to the Supreme Court of Virginia filed by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Greene, Kevin)
August 8, 2017 Filing 78 MOTION Certify Question to the Supreme Court of Virginia by Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Kelsey-Hayes Company, Navistar, Inc.. (Greene, Kevin)
August 8, 2017 Filing 77 Request for Hearing by Huntington Ingalls Incorporated re #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #57 MOTION to Dismiss for Failure to State a Claim (McGraw, Wendy)
July 27, 2017 Filing 76 REPLY to Response to Motion re #59 MOTION Motion to Certify Question to the Supreme Court of Virginia filed by Huntington Ingalls Incorporated. (McGraw, Wendy)
July 27, 2017 Filing 75 REPLY to Response to Motion re #57 MOTION to Dismiss for Failure to State a Claim filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit 1)(McGraw, Wendy)
July 24, 2017 Opinion or Order Filing 74 CONSENT ORDER Granting #73 Motion for Extension of Time to File Response/Reply re #57 MOTION to Dismiss for Failure to State a Claim , #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #73 Consent MOTION for Extension of Time to File Response/Reply as to #71 Memorandum in Opposition, #72 Opposition, . It is hereby ORDERED, ADJUDGED AND DECREED that the Motion is GRANTED, and it is further ORDERED, HII shall file its reply briefs to Plaintiffs Memorandum in Opposition to Huntington Ingalls Motion to Certify Question to the Supreme Court of Virginia and Plaintiffs Brief in Response to HII's Motion to Dismiss on or before July 27, 2017. Signed by Magistrate Judge Robert J. Krask and filed on 7/24/17. Copies distributed to all parties 7/24/17. (ldab, )
July 24, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask re #73 Consent MOTION for Extension of Time to File Response/Reply as to #71 Memorandum in Opposition, #72 Opposition, (ldab, )
July 21, 2017 Filing 73 Consent MOTION for Extension of Time to File Response/Reply as to #71 Memorandum in Opposition, #72 Opposition, by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A)(McGraw, Wendy)
July 17, 2017 Filing 72 Opposition to #58 Memorandum in Support, #57 MOTION to Dismiss for Failure to State a Claim filed by Wesley J. Quisenberry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(George, Jonathan)
July 17, 2017 Filing 71 Memorandum in Opposition re #59 MOTION Motion to Certify Question to the Supreme Court of Virginia filed by Wesley J. Quisenberry. (George, Jonathan)
July 17, 2017 Opinion or Order Filing 70 AGREED ORDER GRANTING PLAINTIFF'S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS re: #69 Motion for Extension of Time to File Response/Reply re #57 MOTION to Dismiss for Failure to State a Claim , #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #69 Second MOTION for Extension of Time to File Response/Reply as to #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #60 Memorandum in Support, #58 Memorandum in Support, #57 MOTION to Dismiss for Failure. Signed by Magistrate Judge Robert J. Krask and filed on 7/17/17. Copies distributed to all parties 7/17/17. (ldab, )
July 14, 2017 Filing 69 Second MOTION for Extension of Time to File Response/Reply as to #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #60 Memorandum in Support, #58 Memorandum in Support, #57 MOTION to Dismiss for Failure to State a Claim (Agreed) by Wesley J. Quisenberry. (Attachments: #1 Proposed Order)(George, Jonathan)
July 14, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask re: #69 Second MOTION for Extension of Time to File Response/Reply as to #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #60 Memorandum in Support, #58 Memorandum in Support, #57 MOTION to Dismiss for Failure (ldab, )
July 13, 2017 Filing 68 NOTICE of Appearance by Richard Thomas Radcliffe, Jr on behalf of Dana Companies, LLC (Radcliffe, Richard)
July 6, 2017 Filing 67 Designation Expert Witnesses by Wesley J. Quisenberry. (George, Jonathan)
July 6, 2017 Filing 66 Designation Expert Witnesses by Dana Companies, LLC. (Radcliffe, Richard)
June 27, 2017 Opinion or Order Filing 65 ORDER Granting #64 Motion for Extension of Time to File Response/Reply re #57 MOTION to Dismiss for Failure to State a Claim , #59 MOTION Motion to Certify Question to the Supreme Court of Virginia Responses due by 7/14/2017. Signed by Magistrate Judge Robert J. Krask and filed on 6/27/17. Copies distributed to all parties 6/27/17. (ldab, )
June 27, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask re: #64 MOTION for Extension of Time to File Response/Reply as to #59 Motion to Certify Question to the Supreme Court of Virginia , #60 Memorandum in Support, #58 Memorandum in Support, #57 MOTION to Dismiss for Failure to State a Claim. (ldab, )
June 26, 2017 Filing 64 MOTION for Extension of Time to File Response/Reply as to #59 MOTION Motion to Certify Question to the Supreme Court of Virginia , #60 Memorandum in Support, #58 Memorandum in Support, #57 MOTION to Dismiss for Failure to State a Claim by Wesley J. Quisenberry. (Attachments: #1 Exhibit A)(George, Jonathan)
June 16, 2017 Filing 63 Kelsey-Hayes' ANSWER to Complaint by Kelsey-Hayes Company.(Greene, Kevin)
June 16, 2017 Filing 62 Answer and Affirmative Defenses to Plaintiff's First Amended Complaint ANSWER to Complaint by Honeywell International Inc..(Brugh, Lynn)
June 16, 2017 Filing 61 ANSWER to Complaint by Dana Companies, LLC.(Radcliffe, Richard)
June 16, 2017 Filing 60 Memorandum in Support re #59 MOTION Motion to Certify Question to the Supreme Court of Virginia filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGraw, Wendy)
June 16, 2017 Filing 59 Motion to Certify Question to the Supreme Court of Virginia by Huntington Ingalls Incorporated. (McGraw, Wendy)
June 16, 2017 Filing 58 Memorandum in Support re #57 MOTION to Dismiss for Failure to State a Claim filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGraw, Wendy)
June 16, 2017 Filing 57 MOTION to Dismiss for Failure to State a Claim by Huntington Ingalls Incorporated. (McGraw, Wendy)
June 16, 2017 Filing 56 ANSWER to Complaint by Borgwarner Morse Tec Inc..(Wiemken, Christopher)
June 16, 2017 Filing 55 ANSWER to Complaint by Navistar, Inc..(Conn, Martin)
June 16, 2017 Filing 54 ANSWER to Complaint by Ford Motor Company.(Neal, Mary)
June 14, 2017 Filing 53 NOTICE of Appearance by Mary Elliott Neal on behalf of Ford Motor Company (Neal, Mary)
June 2, 2017 Filing 52 AMENDED COMPLAINT against Borgwarner Morse Tec Inc., Dana Companies, LLC, Ford Motor Company, Honeywell International Inc., Huntington Ingalls Incorporated, Kelsey-Hayes Company, Navistar, Inc., filed by Wesley J. Quisenberry.(ldab, )
June 2, 2017 Opinion or Order Filing 51 Agreed Order Granting #41 Motion for Leave to File First Amended Complaint and Substitution of Parties. It is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff's Motion for Leave is GRANTED, and it is further ORDERED, ADJUDGED AND DECREED, that the Amended Complaint is deemed filed as of the date of this Order, and it is further ORDERED, ADJUDGED AND DECREED, that the Defendants shall file a response to the Amended Complaint, whether by motion or otherwise, such response shall be filed within 14 days of the date of this Order. Signed by Magistrate Judge Robert J. Krask and filed on 6/2/17. Copies distributed to all parties 6/2/17. (ldab, )
May 30, 2017 Opinion or Order Filing 50 ORDER granting #46 ,the Motion to appear Pro Hac Vice by Christopher Ray Kiger as certified by Local Counsel Christopher Bascom for Ford Motor Company. Signed by District Judge Arenda L. Wright Allen on 5/30/2017. (Allen, Arenda)
May 30, 2017 Opinion or Order Filing 49 ORDER granting #45 , the Motion to appear Pro Hac Vice by Addie K. S. Reis as certified by Local Counsel Christopher Bascom for Ford Motor Company. Signed by District Judge Arenda L. Wright Allen on 5/30/2016. (Allen, Arenda)
May 19, 2017 Opinion or Order Filing 48 ORDER granting #38 Motion to Withdraw as Attorney as follows: Attorney Nathan Anthony Colarusso is terminated. Signed by District Judge Arenda L. Wright Allen on 5/19/2017. (Allen, Arenda)
May 19, 2017 Filing 47 NOTICE by Huntington Ingalls Incorporated re #41 MOTION for Leave to File First Amended Complaint and Substitution of Parties (Attachments: #1 Proposed Order)(McGraw, Wendy)
May 19, 2017 MOTION REFERRED to Magistrate Judge Robert J. Krask: #41 MOTION for Leave to File First Amended Complaint and Substitution of Parties (ldab, )
May 15, 2017 Filing 46 Motion to appear Pro Hac Vice by Christopher Ray Kiger and Certification of Local Counsel Christopher Bascom Filing fee $ 75, receipt number 0422-5523236. by Ford Motor Company. (Bascom, Christopher)
May 15, 2017 Filing 45 Motion to appear Pro Hac Vice by Addie K. S. Reis and Certification of Local Counsel Christopher Bascom Filing fee $ 75, receipt number 0422-5523227. by Ford Motor Company. (Bascom, Christopher)
May 8, 2017 Opinion or Order Filing 44 AMENDED RULE 16(b) SCHEDULING ORDER: Final Pretrial Conference set for 1/19/2018 at 11:00 AM at the courthouse in Norfolk. Jury Trial set for 2/6/2018 at 10:00 AM at the courthouse in Newport News. (see order for specific amendments) Signed by District Judge Arenda L. Wright Allen on 5/5/17 and filed on 5/8/17. (lhow)
May 4, 2017 Opinion or Order Filing 43 ORDER granting #30 , Defendant Ford Motor Company's Motion to Amend/Correct the Scheduling Order as follows: because no objections have been formally lodged to the amendments proposed in this Motion, the Court grants this Motion as unopposed and will sign and docket the amended Scheduling Order presented in the Notice filed at ECF No. 40. Signed by District Judge Arenda L. Wright Allen on 5/4/2017. (Allen, Arenda)
May 4, 2017 Filing 42 Memorandum in Support re #41 MOTION for Leave to File First Amended Complaint and Substitution of Parties filed by Wanda J. Quisenberry. (George, Jonathan)
May 4, 2017 Filing 41 MOTION for Leave to File First Amended Complaint and Substitution of Parties by Wanda J. Quisenberry. (Attachments: #1 Exhibit A-C)(George, Jonathan)
May 4, 2017 Filing 40 NOTICE by Ford Motor Company of Submission of proposed Amended Rule 16(b) Scheduling Order (Attachments: #1 Proposed Order Proposed Amended Rule 16(b) Scheduling Order)(Bascom, Christopher)
May 4, 2017 Opinion or Order Filing 39 Settlement Conference Order: Submit a brief memorandum of five pages or less directly to the chambers of the undersigned (do not file in the clerk's office) by noon on August 31, 2017. Do not serve a copy of the memorandum on the opposing party unless you wish to disclose your settlement position. The memorandum can be emailed to: Robert_Krask@vaed.uscourts.gov and JacqueIine_McIntyre@vaed.uscourts.gov. All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, at 9:30 a.m. on September 7, 2017, for the purpose of conducting discussions, in good faith, towards a compromised resolution of this case. Counsel must notify parties attending the settlement conference that electronic equipment (cell phones, iPads, laptops, etc.) is not permitted in the courthouse without the express permission of the Court. (SEE ORDER FOR DETAILS). Signed by Magistrate Judge Robert J. Krask and filed on 5/4/17. Copies distributed to all parties 5/4/17.(ldab, )
May 4, 2017 Filing 38 MOTION to Withdraw as Attorney by Ford Motor Company. (Colarusso, Nathan)
April 27, 2017 Filing 37 NOTICE by Ford Motor Company re #30 MOTION to Amend/Correct #28 Order Rule 16(b) Scheduling Order, Notice of Submission of Motion on the Briefs (Bascom, Christopher)
April 19, 2017 Settlement Conference set for 9/7/2017 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (lwoo)
April 5, 2017 Filing 36 Corporate Disclosure Statement by Dana Companies, LLC. (Radcliffe, Richard)
April 4, 2017 Filing 35 Financial Interest Disclosure Statement (Local Rule 7.1) by Honeywell International Inc.. (Brugh, Lynn)
March 30, 2017 Notice of Correction re #34 Rule 26 Disclosure, #33 Rule 26 Disclosure. Pursuant to FRCP 5(d) and/or the Rule 16(b) Scheduling Order discovery material is not to be filed. Documents have been removed from the docket sheet and replaced with placeholder. (ldab, )
March 29, 2017 Filing 34 Rule 26 Disclosure by Honeywell International Inc.. (Brugh, Lynn)
March 29, 2017 Filing 33 Rule 26 Disclosure by Dana Companies, LLC. (Radcliffe, Richard)
March 29, 2017 Filing 32 Corporate Disclosure Statement by Ford Motor Company. (Bascom, Christopher)
March 29, 2017 Filing 31 NOTICE of Appearance by Merideth Bryant Snow Daly on behalf of Huntington Ingalls Incorporated (Daly, Merideth)
March 23, 2017 Filing 30 MOTION to Amend/Correct #28 Order Rule 16(b) Scheduling Order, by Ford Motor Company. (Bascom, Christopher)
March 23, 2017 Filing 29 NOTICE of Appearance by Christopher William Bascom on behalf of Ford Motor Company (Bascom, Christopher)
March 20, 2017 Opinion or Order Filing 28 Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 1/19/2018 at 11:00 AM at the courthouse in Norfolk. Jury Trial set for 2/6/2018 at 10:00 AM at the courthouse in Newport News. Signed by District Judge Arenda L. Wright Allen and filed on 3/20/17. (lhow)
March 15, 2017 Scheduling Conference - Rule 16b held on 3/15/2017. (lhow)
February 21, 2017 Opinion or Order Filing 27 RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 3/15/2017 at 11:00 AM in Norfolk. Signed by Magistrate Judge Robert J. Krask and filed on 2/21/17. (lhow)
February 16, 2017 Opinion or Order Filing 26 ORDER granting #25 , the Motion to appear Pro Hac Vice by Patrick Wigle as certified by Local Counsel Jonathan George for Wanda J. Quisenberry. Signed by District Judge Arenda L. Wright Allen on 2/16/2017. (Allen, Arenda)
February 10, 2017 Filing 25 Motion to appear Pro Hac Vice by Patrick Wigle and Certification of Local Counsel Jonathan George Filing fee $ 75, receipt number 0422-5376624. by Wanda J. Quisenberry. (George, Jonathan)
January 30, 2017 Opinion or Order Filing 24 ORDER Denying #16 Motion to Remand to State Court. Plaintiffs Motion to Remand (ECF No. 16) is DENIED. The Court encourages the parties to undertake efforts to resolve this matter. Pursuant to Local Civil Rule 83.6, counsel for the parties may contact the Court's Docket Clerk at 757-222- 7222 to schedule a settlement conference before a United States Magistrate Judge. This Court will issue a separate Order to set a scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b). IT IS SO ORDERED. Signed by District Judge Arenda L. Wright Allen on 1/27/17 and filed 1/30/17. Copies distributed to all parties 1/30/17. (ldab, )
November 9, 2016 Filing 23 NOTICE by Huntington Ingalls Incorporated re #21 Memorandum in Opposition, Notice of Supplemental Authority (Attachments: #1 Exhibit Fourth Circuit Opinion)(Cunningham, Alexandra)
September 12, 2016 Filing 22 Rebuttal Brief re #16 MOTION to Remand to State Court filed by Wanda J. Quisenberry. (George, Jonathan)
September 6, 2016 Filing 21 Memorandum in Opposition re #16 MOTION to Remand to State Court filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit Complaint, March 5, 2014, #2 Exhibit Declaration of Jennifer Sahmel, MPH, CIH, CSP, #3 Exhibit Ex. A to Declaration of Jennifer Sahmel, MPH, CIH, CSP, #4 Exhibit Ex. B to Declaration of Jennifer Sahmel, MPH, CIH, CSP, #5 Exhibit Carrier Deployments During the Vietnam Conflict)(Cunningham, Alexandra)
September 6, 2016 Filing 20 Financial Interest Disclosure Statement (Local Rule 7.1) by Kelsey-Hayes Company. (Greene, Kevin)
August 26, 2016 Filing 19 NOTICE of Appearance by Richard Thomas Radcliffe, Jr on behalf of Dana Companies, LLC (Radcliffe, Richard)
August 26, 2016 Filing 18 Financial Interest Disclosure Statement (Local Rule 7.1) by Dana Companies, LLC. (Radcliffe, Richard)
August 22, 2016 Filing 17 Memorandum in Support re #16 MOTION to Remand to State Court filed by Wanda J. Quisenberry. (Attachments: #1 Exhibit A, #2 Exhibit B)(George, Jonathan)
August 22, 2016 Filing 16 MOTION to Remand to State Court by Wanda J. Quisenberry. (George, Jonathan)
August 22, 2016 Filing 15 STIPULATION of Fact by Wanda J. Quisenberry. (George, Jonathan)
August 17, 2016 Opinion or Order Filing 14 ORDER granting #12 , the Motion to appear Pro Hac Vice by Charles Siegel as certified by local counsel Jonathan George for Wanda J. Quisenberry. Signed by District Judge Arenda L. Wright Allen on 8/17/2016. (Allen, Arenda)
August 9, 2016 Filing 13 Financial Interest Disclosure Statement (Local Rule 7.1) by Navistar, Inc.. (Conn, Martin)
July 28, 2016 Filing 12 Motion to appear Pro Hac Vice by Charles Siegel and Certification of Local Counsel Jonathan George Filing fee $ 75, receipt number 0422-5098474. by Wanda J. Quisenberry. (George, Jonathan)
July 28, 2016 Filing 11 NOTICE of Appearance by Jonathan A. George on behalf of Wanda J. Quisenberry (George, Jonathan)
July 26, 2016 Referred for 16(b) (epri)
July 21, 2016 Filing 10 COPY OF ANSWER to Complaint (Notice of Removal) by Borgwarner Morse Tec Inc. (epri)
July 21, 2016 Filing 9 COPY OF ANSWER to Complaint (Notice of Removal) by Navistar, Inc. (epri)
July 21, 2016 Filing 8 COPY OF ANSWER to Complaint (Notice of Removal) by Kelsey-Hayes Company. (epri)
July 21, 2016 Filing 7 COPY OF ANSWER to Complaint (Notice of Removal) by Honeywell International Inc. (epri)
July 21, 2016 Filing 6 COPY OF ANSWER to Complaint (Notice of Removal) by Dana Companies, LLC. (epri)
July 21, 2016 Filing 5 COPY OF ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (epri)
July 21, 2016 Filing 4 COPY OF ANSWER to Complaint (Notice of Removal) by Huntington Ingalls Incorporated. (epri)
July 21, 2016 Filing 3 Magistrate Judge Notice and Judge's Information to counsel. (epri)
July 21, 2016 Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Huntington Ingalls Incorporated. (epri)
July 21, 2016 Filing 1 NOTICE OF REMOVAL from Newport News Circuit Court, case number CL1602097P-03 ( Filing fee $ 400, receipt number 44683007472.), filed by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit E, #9 Exhibit F, #10 Exhibit A, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F-1, #16 Exhibit F-2, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J-1, #21 Exhibit J-2, #22 Exhibit J-3, #23 Exhibit L, #24 Exhibit M, #25 Exhibit M, #26 Exhibit N, #27 Exhibit O, #28 Exhibit P, #29 Exhibit Q, #30 Exhibit R, #31 Exhibit G, #32 Exhibit H, #33 Attachment, #34 Civil Cover Sheet, #35 Letter, #36 Receipt)(epri)

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Search for this case: Quisenberry v. Borgwarner Morse Tec Inc. et al
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Defendant: Dana Companies, LLC
Represented By: Johan Daniel Flynn
Represented By: Kurt Rasmussen
Represented By: Richard Thomas Radcliffe, Jr.
Represented By: Steven J Parrott
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Defendant: Huntington Ingalls Incorporated
Represented By: Merideth Snow Daly
Represented By: Alexandra B. Cunningham
Represented By: Wendy Cohen McGraw
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Defendant: Navistar, Inc. a Delaware Corporation doing business as Inernational Truck and Engine Corporation formerly known as International Harvester
Represented By: Eric George Reeves
Represented By: Lisa Moran McMurdo
Represented By: Martin Andrew Conn
Represented By: Mary Louise Roberts
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Defendant: Borgwarner Morse Tec Inc.
Represented By: Christopher John Wiemken
Represented By: Gerard Ernest Wilfrid Voyer
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Defendant: Dana Corporation
Represented By: Johan Daniel Flynn
Represented By: Kurt Rasmussen
Represented By: Richard Thomas Radcliffe, Jr.
Represented By: Steven J Parrott
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Defendant: Ford Motor Company
Represented By: Sandra Giannone Ezell
Represented By: Christopher Ray Kiger
Represented By: Addie K. S. Ries
Represented By: Christopher William Bascom
Represented By: Mary Elliott Neal
Represented By: Nathan Anthony Colarusso
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Defendant: Honeywell International Inc.
Represented By: Lynn Kanaga Brugh, IV
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Defendant: Newport News Shipbuilding And Dry Dock Company
Represented By: Wendy Cohen McGraw
Represented By: Merideth Snow Daly
Represented By: Alexandra B. Cunningham
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Defendant: Kelsey-Hayes Company
Represented By: Bruce Taylor Bishop
Represented By: Michele Britton Dallman
Represented By: Kevin Patrick Greene
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Defendant: International Harvester
Represented By: Mary Louise Roberts
Represented By: Eric George Reeves
Represented By: Lisa Moran McMurdo
Represented By: Martin Andrew Conn
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Plaintiff: Wesley J. Quisenberry
Represented By: Jonathan A. George
Represented By: Peter Andrew Kraus
Represented By: Charles S. Siegel
Represented By: Patrick Wigle
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