Skaggs et al v. Borgwarner Morse Tec Inc. et al
| Donald M. Skaggs and Charlotte M. Skaggs |
| CBS Corporation, Hanson Permanente Cement, Inc., BorgWarner Morse Tec, Inc, Air & Liquid Systems Corporation, Viacom Inc, Westinghouse Electric Corporation, Crane Co, Crown Cork & Seal Company Inc, Ford Motor Company, Georgia-Pacific Corporation, General Electric Company, Honeywell International Inc., IMO Industries Inc, Ingersoll-Rand Company, Kaiser Cement Corporation, Kaiser Gypsum Company, Inc., Metropolitan Life Insurance Company, NACCO Materials Handling Group, Inc., Owens-Illinois, Inc., Pneumo Abex Corporation, Union Carbide Corporation, Velan Valve Corp and Warren Pumps LLC |
| 2:2014cv01506 |
| September 30, 2014 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| James L Robart |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 Notice of Removal |
| Defendant |
Docket Report
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| Filing 81 RECEIPT from King County Superior Court re #80 Notice of Remand (MD) |
| Filing 80 NOTICE to King County Superior Court re #66 Order on Motion to Remand. Terminated Case. (Case Remanded) (MD) |
Filing 79
ORDER denying #69 Plaintiffs' Motion for Attorney Fees by Judge James L. Robart.(MD)
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Filing 78
STIPULATION AND ORDER re #77 Stipulation of dismissal with prejudice filed by General Electric Company. Defendant General Electric Company terminated, by Judge James L. Robart. (MD)
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| Filing 77 STIPULATION AND PROPOSED ORDER of Dismissal of General Electric Company by parties (Marks, Christopher) |
| Filing 76 NOTICE of Intent and Motion for Leave to File Surreply in Response to Plaintiffs' Reply re #75 Reply to Response to Motion ; filed by Defendant Owens-Illinois, Inc.. (Attachments: #1 Exhibit A)(Copenhaver, Stephen) |
| Filing 75 REPLY, filed by Plaintiff Donald M. Skaggs, TO RESPONSE to #69 MOTION for Attorney Fees and Costs (Attachments: #1 Certificate of Service)(Firnhaber Oslund, Vanessa) |
| Filing 74 NOTICE that the following is RE-NOTED: #69 MOTION for Attorney Fees and Costs. Filed by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. Noting Date 2/20/2015, (Firnhaber Oslund, Vanessa) |
| Filing 73 NOTICE that the following is RE-NOTED: #69 MOTION for Attorney Fees and Costs. Filed by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. Noting Date 2/20/2015, (Firnhaber Oslund, Vanessa) |
| Filing 72 NOTICE that the following is RE-NOTED: #69 MOTION for Attorney Fees and Costs. Filed by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. Noting Date 2/13/2015, (Attachments: #1 Certificate of Service)(Firnhaber Oslund, Vanessa) |
| Filing 71 BRIEF re #69 MOTION for Attorney Fees and Costs In Opposition to Plaintiffs' Motion for Attorney Fees and Costs Against Owens-Illinois, Inc. by Defendant Owens-Illinois, Inc. (Copenhaver, Stephen) |
| Filing 70 NOTICE that the following is RE-NOTED: #69 MOTION for Attorney Fees and Costs. Filed by Plaintiff Donald M. Skaggs. Noting Date 1/23/2015, (Ladenburg, Brian) |
| Filing 69 MOTION for Attorney Fees and Costs by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. (Attachments: #1 Exhibit, #2 Proposed Order, #3 Certificate of Service) Noting Date 1/9/2015, (Firnhaber Oslund, Vanessa) |
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Filing 68
STIPULATION AND ORDER re #67 Stipulation of dismissal with prejudice as to Defendant CBS Corporation filed by CBS Corporation. CBS Corporation (a Delaware corporation, successor by merger to CBS CORPORATION ) terminated, by Judge James L. Robart. (MD)
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| Filing 67 STIPULATION AND PROPOSED ORDER of Dismissal of CBS Corporation by parties (Marks, Christopher) |
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Filing 66
ORDER granting #7 Plaintiffs' Motion to Remand to King County Superior Court, by Judge James L. Robart.(MD, cc to KC Superior Court)
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| Filing 65 SUPPLEMENT re #7 MOTION to Remand and Dismissal of Defendant Crane Co. by Plaintiff Donald M. Skaggs (Attachments: #1 Certificate of Service)(Firnhaber Oslund, Vanessa) |
| Filing 64 NOTICE of Withdrawal of Opposition to Plaintiffs' Motion to Remand re #7 MOTION to Remand and Dismissal of Defendant Crane Co. ; filed by Defendant Owens-Illinois, Inc.. (Kelley, Renee) |
| Filing 63 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Matthew Bergman, Vanessa Oslund; Def Counsel: Renee Kelley; CR: Nancy Bauer; Motion Hearing held on 12/11/2014. The court hears from counsel regarding the Motion to Remand, Dkt. #7. The court will allow additional briefing regarding did the waiver of design issue affect this motion. Briefing limited to 5 pages. The court takes the matter under advisement.(CC) |
| Filing 62 MOTION to Enforce Settlement Against CBS Corp by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. (Attachments: #1 Exhibit, #2 Proposed Order, #3 Certificate of Service) Noting Date 12/26/2014, (Knudson, Anna) |
| Filing 61 NOTICE of Supplemental Authority re #7 MOTION to Remand and Dismissal of Defendant Crane Co. by Plaintiff Donald M. Skaggs (Attachments: #1 Certificate of Service)(Bergman, Matthew) |
| Set/Reset Hearings: Oral argument on the Motion to Remand, Dkt. #7, is scheduled Thursday, December 11, 2014 at 10:00 a.m. before Hon. James L. Robart. (CC) |
| Filing 60 NOTICE of Supplemental Authority re #7 MOTION to Remand and Dismissal of Defendant Crane Co. by Defendant Owens-Illinois, Inc. (Attachments: #1 Exhibit A)(Copenhaver, Stephen) |
| Filing 59 RESPONSIVE BRIEF of Defendant Owens-Illinois, Inc.'s Response to Plaintiffs' Supplemental Memorandum in Support of Remand (Dkt. #56) and in Further Opposition to Remand (Dkt. #7) re #56 Supplement, by Defendant Owens-Illinois, Inc.. oa (Copenhaver, Stephen) |
| Filing 58 ANSWER to Complaint; and Affirmative Defenses by Borgwarner Morse Tec Inc..(Ross, Richard) |
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Filing 57
MINUTE ORDER - the court DIRECTS Defendant Owens-Illinois, Inc. to file a reply memorandum by November 10, 2014 and RE-Note #7 MOTION to Remand and Dismissal of Defendant Crane Co.. RE-Noting Date 11/10/2014, by Judge James L. Robart. (MD)
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| Filing 56 SUPPLEMENT re #7 MOTION to Remand and Dismissal of Defendant Crane Co. by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs (Attachments: #1 Exhibit, #2 Proposed Order, #3 Certificate of Service)(Firnhaber-Baker, Vanessa) |
| Filing 55 Defendant Owens-Illinois, Inc.'s Supplemental Brief in Opposition to Plaintiffs' Motion to Remand (Oral Argument Requested) BRIEF re #7 MOTION to Remand and Dismissal of Defendant Crane Co. by Defendant Owens-Illinois, Inc. (Attachments: #1 Exhibit Exh A to Supp Brief in Opp to Pltfs Mot to Remand, #2 Exhibit Exh B to Supp Brief in Opp to Pltfs Mot to Remand, #3 Exhibit Exh C to Supp Brief in Opp to Pltfs Mot to Remand, #4 Exhibit Exh A to Neushul Affidavit, #5 Exhibit Exh B to Neushul Affidavit, #6 Exhibit Exh C to Neushul Affidavit, #7 Exhibit Exh D to Neushul Affidavit, #8 Exhibit Exh E to Neushul Affidavit, #9 Exhibit Exh F to Neushul Affidavit, #10 Exhibit Exh G to Neushul Affidavit, #11 Exhibit Exh H to Neushul Affidavit, #12 Exhibit Exh I to Neushul Affidavit, #13 Exhibit Exh J to Neushul Affidavit, #14 Exhibit Exh K to Neushul Affidavit, #15 Exhibit Exh L to Neushul Affidavit, #16 Exhibit Exh M to Neushul Affidavit, #17 Exhibit Exh N to Neushul Affidavit, #18 Exhibit Exh O to Neushul Affidavit, #19 Exhibit Exh P to Neushul Affidavit, #20 Exhibit Exh Q to Neushul Affidavit, #21 Exhibit Exh R to Neushul Affidavit, #22 Exhibit Exh D to Supp Brief in Opp to Pltfs Mot to Remand, #23 Exhibit Exh A to German Affidavit, #24 Exhibit Exh B to German Affidavit, #25 Exhibit Exh C to German Affidavit, #26 Exhibit Exh D to German Affidavit, #27 Exhibit Exh E to German Affidavit, #28 Exhibit Exh F to German Affidavit, #29 Exhibit Exh G to German Affidavit, #30 Exhibit Exh E to Supp Brief in Opp to Pltfs Mot to Remand, #31 Exhibit Exh F to Supp Brief in Opp to Pltfs Mot to Remand, #32 Exhibit Exh G to Supp Brief in Opp to Pltfs Mot to Remand)(Kelley, Renee) |
| Filing 54 ANSWER to Complaint; by Kaiser Gypsum Company, Inc..(Wolf, Jeffrey) |
| Filing 53 NOTICE of Appearance by attorney Vanessa Firnhaber-Baker on behalf of Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. (Firnhaber-Baker, Vanessa) |
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Filing 52
ORDER SETTING BRIEFING SCHEDULE #7 MOTION to Remand and Dismissal of Defendant Crane Co. : RE-Noting Date 10/31/2014, by Judge James L. Robart. (MD)
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Filing 51
STIPULATION AND ORDER re #48 Stipulation of dismissal without prejudice and without costs to either party filed by Velan Valve Corporation. Velan Valve Corporation terminated, by Judge James L. Robart. (MD)
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Filing 50
STIPULATION AND ORDER re #49 Stipulation of dismissal without prejudice and without costs to either party filed by Ingersoll-Rand Company. Ingersoll-Rand Company terminated, by Judge James L. Robart. (MD)
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| Filing 49 STIPULATION AND PROPOSED ORDER of Dismissal of Ingersoll Rand Company by parties (Tuvim, Mark) |
| Filing 48 STIPULATION AND PROPOSED ORDER of Dismissal of Velan Valve Corporation by parties (Tuvim, Mark) |
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Filing 47
STIPULATION #44 AND ORDER - It is Ordered that Defendant Warren Pumps, LLC be Dismissed without prejudice, by Judge James L. Robart. (TM)(TM)
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Filing 46
STIPULATION AND ORDER #45 OF DISMISSAL WITHOUT PREJUDICE AND WITHOUT COSTS AS TO DEFENDANT GEORGIA-PACIFIC, LLC. - All calims against Georgia-Pacific are hereby dismissed without prejudice and without costs or attorney fees as to any party, by Judge James L. Robart. (TM)
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| Filing 45 STIPULATION AND PROPOSED ORDER OF DISMISSAL WITHOUT PREJUDICE AND WITHOUT COSTS OF DEFENDANT GEORGIA-PACIFIC, LLC by parties (Zeringer, Brian) |
| Filing 44 STIPULATION AND PROPOSED ORDER of Dismissal without Prejudice and without Costs as to Defendant Warren Pumps, LLC by parties (Attachments: #1 Proposed Order of Dismissal without Prejudice and without Costs as to Defendant Warren Pumps, LLC Only)(Eraut, Allen) |
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Filing 43
STIPULATION AND ORDER re #41 Stipulation of dismissal as to deft IMO Industries, Inc. without prejudice. IMO Industries, Inc. (individually) terminated, by Judge James L. Robart. (MD)
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| Filing 42 RESPONSE, by Defendant Owens-Illinois, Inc., to #7 MOTION to Remand and Dismissal of Defendant Crane Co.. (Copenhaver, Stephen) |
| Filing 41 STIPULATION AND PROPOSED ORDER of Dismissal of Defendant IMO Industries, Inc. Without Prejudice by parties (Horne, James) |
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Filing 40
STIPULATION AND ORDER re #37 Stipulation of dismissal without prejudice of Deft Air & Liquid Systems Corporation filed by Air & Liquid Systems Corporation. Air & Liquid Systems Corporation (as Successor by Merger to BUFFALO PUMPS, INC. ) terminated, by Judge James L. Robart. (MD)
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Filing 39
STIPULATION AND ORDER re #36 Stipulation of dismissal with prejudice of Deft Crown Cork and Seal Company, Inc. filed by Crown Cork & Seal Company, Inc. Crown Cork & Seal Company, Inc. terminated, by Judge James L. Robart. (MD)
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| Filing 38 NOTICE of Appearance by attorney Brian D Zeringer on behalf of Defendant Georgia-Pacific Corporation. (Zeringer, Brian) |
| Filing 37 STIPULATION AND PROPOSED ORDER OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT AIR & LIQUID SYSTEMS CORPORATION ONLY by parties (Mesher, Barry) |
| Filing 36 STIPULATION AND PROPOSED ORDER OF DISMISSAL WITH PREJUDICE OF DEFENDNAT CROWN CORK & SEAL COMPANY, INC. ONLY by parties (Mesher, Barry) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Pneumo Abex LLC for Pneumo Abex Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Pneumo Abex Corporation (Kero, Diane) |
| Filing 34 ERRATA re #33 Objections to Plaintiffs' Notice of Deposition of Donald Skaggs by Defendant Pneumo Abex Corporation (Ricketts, Michael) |
| Filing 33 OBJECTIONS to Plaintiffs' Notice of Deposition of Donald Skaggs by Defendant IMO Industries, Inc. (Ricketts, Michael) |
| Filing 32 OBJECTIONS to Notice of Deposition of Plaintiff Donald Skaggs by Defendant NACCO Materials Handling Group, Inc. (Krashan, Allison) |
| Filing 31 NOTICE of Appearance by attorney Kevin J Craig on behalf of Defendant Ingersoll-Rand Company. (Craig, Kevin) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Ingersoll-Rand Company (Tuvim, Mark) |
| Filing 29 NOTICE of Appearance by attorney Mark B Tuvim on behalf of Defendant Ingersoll-Rand Company. (Tuvim, Mark) |
| Filing 28 ANSWER to Complaint; Defenses, and Response to Cross-Claims with JURY DEMAND by Owens-Illinois, Inc..(Copenhaver, Stephen) |
| Filing 27 OBJECTIONS to Plaintiff's Notice of Deposition of Plaintiff Donald Skaggs by Defendant Borgwarner Morse Tec Inc. (Ross, Richard) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Borgwarner Morse Tec Inc. (Ross, Richard) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Honeywell International Inc. (Fraser, Erin) |
| Filing 24 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Hanson Permanente Cement, Inc. for Kaiser Gypsum Company, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Kaiser Gypsum Company, Inc. (Wolf, Jeffrey) |
| Filing 23 NOTICE of Appearance by attorney Jeffrey M Wolf on behalf of Defendant Kaiser Gypsum Company, Inc.. (Wolf, Jeffrey) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Owens-Illinois, Inc. (Kelley, Renee) |
| Filing 21 OBJECTIONS to Plaintiffs Notice of Deposition of Donald Skaggs by Defendant Honeywell International Inc. (Fraser, Erin) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Honeywell International Inc. (Fraser, Erin) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Hyster-Yale Materials Handling, Inc. for NACCO Materials Handling Group, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by NACCO Materials Handling Group, Inc. (Campbell, Jennifer) |
| Filing 18 ANSWER to Complaint; with JURY DEMAND by NACCO Materials Handling Group, Inc..(Campbell, Jennifer) |
| Filing 17 ANSWER to Complaint; by Pneumo Abex Corporation.(Kero, Diane) |
| Filing 16 NOTICE of Appearance by attorney Stephen M Copenhaver on behalf of Defendant Owens-Illinois, Inc.. (Copenhaver, Stephen) |
| Filing 15 NOTICE of Appearance by attorney Renee C Kelley on behalf of Defendant Owens-Illinois, Inc.. (Kelley, Renee) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Union Carbide Corporation (Kero, Diane) |
| Filing 13 NOTICE of Appearance by attorney Diane J. Kero on behalf of Defendant Pneumo Abex Corporation. (Kero, Diane) |
| Filing 12 NOTICE of Appearance by attorney Diane J. Kero on behalf of Defendant Union Carbide Corporation. (Kero, Diane) |
| Filing 11 NOTICE of Appearance by attorney Erin P Fraser on behalf of Defendant Honeywell International Inc.. (Fraser, Erin) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Ford Motor Company (Fucile, Mark) |
| Filing 9 ANSWER to Complaint; with JURY DEMAND by Ford Motor Company.(Fucile, Mark) |
| Filing 8 NOTICE of Joinder JOINING #1 Notice of Removal, by Defendant CBS Corporation. (Bernhardt, R) |
| Filing 7 MOTION to Remand and Dismissal of Defendant Crane Co. by Plaintiff Donald M. Skaggs. (Attachments: #1 Certificate of Service) Noting Date 10/17/2014, (Draper, Glenn) |
| Filing 6 NOTICE of Voluntary Dismissal as to party(s) Crane Co. (individually and as), filed by Plaintiffs Charlotte M. Skaggs, Donald M. Skaggs. (Attachments: #1 Certificate of Service)(Draper, Glenn) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Warren Pumps, LLC (Eraut, Allen) |
| Filing 4 NOTICE of Appearance by attorney Allen Eraut on behalf of Defendant Warren Pumps, LLC. (Eraut, Allen) |
| Filing 3 LETTER from Clerk to counsel re receipt of case from King County Superior Superior Court and advising of WAWD case number and judge assignment. (PM) |
| Judge James L. Robart added. (PM) |
| NOTICE to Filer: JURY DEMAND: Pursuant to LCR 38(b) the words JURY DEMAND shall be typed in capital letters on the first page immediately below the name of the pleading to the right of the name of the cause. The Clerk has removed defendant's jury demand flag entered by counsel upon case opening. Counsel must now file a separate Jury Demand in order to advise the court of this request. Thank you.NOTICE OF REMOVAL COMPLAINT ATTACHED INCORRECTLY: Pursuant to LCR 101 (b): In cases removed from state court, the removing defendant(s) shall file contemporaneously with the notice of removal a copy of the operative complaint, which must be attached to the Notice of Removal as a separate attachment in the electronic filing system and labeled as the Complaint or Amended Complaint. Defendant must include a certificate of service which lists all counsel and pro se parties who have appeared in the action with their contact information, including email address. Please file the operative Complaint by using the event Praecipe to Attach a Document and relate back to the Notice of Removal. Please file the Certificate of Service using the event Certificate of Service. Thank you. (PM) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1 Defendants Borgwarner Morse Tec Inc., Air & Liquid Systems Corp., CBS Corporation, Crain Co., Crown Cork & Seal Company, Inc., Ford Motor Company, General Electric Company, IMO Industries, Inc., Ingersoll-Rand Company, Kaiser Gypsum Company, Inc., NACCO Materials Handling Group, Inc., Pneumo Abex Corporation, Union Carbide Corp., Velan Valve Corp and Warren Pumps, LLC must file a Corporate Disclosure Statement by 10/8/2014. (PM) |
| Filing 2 DECLARATION of G. William Shaw in Support of Notice of Removal re #1 Notice of Removal by Defendant Crane Co. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Pantaleoni Affidavit, #3 Exhibit 2a - Pantaleoni Exhs Part 1, #4 Exhibit 2b - Pantaleoni Exhs Part 2, #5 Exhibit 3 - Sargent Affidavit, #6 Exhibit 3a - Sargent Exhs Part 1, #7 Exhibit 3b - Sargent Exhs Part 2, #8 Exhibit 3c - Sargent Exhs Part 3, #9 Exhibit 3d - Sargent Exhs Part 4, #10 Exhibit 3e - Sargent Exhs Part 5, #11 Exhibit 3f - Sargent Exhs Part 6, #12 Exhibit 3g - Sargent Exhs Part 7, #13 Exhibit 3h - Sargent Exhs Part 8, #14 Exhibit 3i - Sargent Exhs Part 9, #15 Exhibit 3j - Sargent Exhs Part 10, #16 Exhibit 3k - Sargent Exhs Part 11, #17 Exhibit 3l - Sargent Exhs Part 12, #18 Exhibit 3m - Sargent Exhs Part 13, #19 Exhibit 3n - Sargent Exhs Part 14, #20 Exhibit 3o - Sargent Exhs Part 15, #21 Exhibit 3p - Sargent Exhs Part 16, #22 Exhibit 3q - Sargent Exhs Part 17, #23 Exhibit 3r - Sargent Exhs Part 18, #24 Exhibit 3s - Sargent Exhs Part 19, #25 Exhibit 3t - Sargent Exhs Part 20, #26 Exhibit 3u - Sargent Exhs Part 21, #27 Exhibit 4 - Forman Declaration, #28 Exhibit 4a - Forman Exhs Part 1, #29 Exhibit 4b - Forman Exhs Part 2, #30 Exhibit 4c - Forman Exhs Part 3, #31 Exhibit 4d - Forman Exhs Part 4, #32 Exhibit 4e - Forman Exhs Part 5, #33 Exhibit 5)(Shaw, G) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 14-2-24042-2 SEA; (Receipt # 0981-3756297), filed by Crane Co.. (Attachments: #1 Civil Cover Sheet)(Shaw, G) |
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