Cockrum et al v. C H Murphy/Clark-Ullman Inc et al
| Jeffrey L Cockrum and Donna Cockrum |
| Howmet Aerospace Inc, C.H. Murphy/Clark-Ullman Inc, Arconic Inc., North Coast Electric Company, Metropolitan Life Insurance Company, Pfizer, Inc., P-G Industries Inc, Union Carbide Corporation, C H Murphy/Clark-Ullman Inc, Arconic Inc, Pfizer Inc and Thermo Fisher Scientific Inc |
| 2:2022cv01515 |
| October 24, 2022 |
| US District Court for the Western District of Washington |
| Marsha J Pechman |
| P.I. : Asbestos |
| 28 U.S.C. § 1441 Petition for Removal- Asbestos Litigation |
| None |
Docket Report
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| Document Text |
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| Filing 28 Supplemental DECLARATION of Matthew P. Bergman filed by Plaintiffs Donna Cockrum, Jeffrey L Cockrum re #19 MOTION to Remand (Olson, Justin) |
| Filing 27 Supplemental DECLARATION of Justin Olson filed by Plaintiffs Donna Cockrum, Jeffrey L Cockrum re #19 MOTION to Remand (Olson, Justin) |
Filing 26
ORDER REMANDING CASE. The Court GRANTS Plaintiffs' #19 Motion, REMANDS this action back to King County Superior Court, and GRANTS Plaintiffs' request for attorney's fees and costs under 28 U.S.C. 1447(c). Within ten days of this Order, Plaintiffs shall file the requested materials necessary for the Court to set the proper award of attorneys fees and costs. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 1/4/2023. Signed by Judge Marsha J. Pechman. (SB)
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| Filing 25 LETTER from Justin Olson re #19 MOTION to Remand filed by Donna Cockrum, Jeffrey L Cockrum (Olson, Justin) |
| Filing 24 REPLY, filed by Plaintiffs Donna Cockrum, Jeffrey L Cockrum, TO RESPONSE to #19 MOTION to Remand (Attachments: #1 Proposed Order)(Olson, Justin) |
| Filing 23 DECLARATION of Mark B. Tuvim filed by Defendant Howmet Aerospace Inc re #19 MOTION to Remand (Attachments: #1 Exhibit Original Complaint, #2 Exhibit Pfizer Answer, #3 Exhibit First Amended Complaint, #4 Exhibit NCE Documents, #5 Exhibit Notice of Removal (First Action), #6 Exhibit Plaintiff's Motion to Voluntary Dismiss, #7 Exhibit Order Granting P's Motion to Voluntary Dismiss, #8 Exhibit Complaint (Second Action), #9 Exhibit Howmet's Motion to Stay, #10 Exhibit Order Granting Howmet's Motion to Stay, #11 Exhibit Deposition Cites, #12 Exhibit Notice of Removal (Second Action), #13 Exhibit Opposition to North Coast's MSJ in Dorey)(Tuvim, Mark) |
| Filing 22 RESPONSE, by Defendant Howmet Aerospace Inc, to #19 MOTION to Remand . (Attachments: #1 Proposed Order)(Tuvim, Mark) |
| Filing 21 NOTICE of Change of Address/Change of Name of Attorney Allen Eraut. Filed by Defendant North Coast Electric Company. (Eraut, Allen) |
| Filing 20 DECLARATION of Justin Olson filed by Plaintiffs Donna Cockrum, Jeffrey L Cockrum re #19 MOTION to Remand (Olson, Justin) |
| Filing 19 MOTION to Remand , filed by Plaintiffs Donna Cockrum, Jeffrey L Cockrum. (Attachments: #1 Proposed Order) Noting Date 12/9/2022, (Olson, Justin) |
| Filing 18 STATE COURT RECORD filed by Defendant Howmet Aerospace Inc. (Attachments: #1 Exhibit Ex. 1 - Case Cover Sheet, #2 Exhibit Ex. 2 - Case Assignment, #3 Exhibit Ex. 3 - Order Setting Civil Case Schedule, #4 Exhibit Ex. 4 - Jury Demand, #5 Exhibit Ex. 5 - Summons to P-G Industries, #6 Exhibit Ex. 6 - Summons to North Coast, #7 Exhibit Ex. 7 - Summons to CH Murphy, #8 Exhibit Ex. 8 - Summons to Howmet, #9 Exhibit Ex. 9 - Summons to MetLife, #10 Exhibit Ex. 10 - Summons to Pfizer, #11 Exhibit Ex. 11 - Summons to Thermo Fisher, #12 Exhibit Ex. 12 - Summons to UCC, #13 Exhibit Ex. 13 - NOH re Motion for Change of Judge, #14 Exhibit Ex. 14 - Plff's Motion for Change of Judge, #15 Exhibit Ex. 15 - Notice of Appearance of C.H. Murphy, #16 Exhibit Ex. 16 - Affidavit of Service to MetLife, #17 Exhibit Ex. 17 - Affidavit of Service to North Coast, #18 Exhibit Ex. 18 - Affidavit of Service to Pfizer, #19 Exhibit Ex. 19 - Affidavit of Service to UCC, #20 Exhibit Ex. 20 - Affidavit of Service to Fisher Scientific, #21 Exhibit Ex. 21 - NOA of MetLife, #22 Exhibit Ex. 22 - NOA of UCC, #23 Exhibit Ex. 23 - COS of NOA of UCC, #24 Exhibit Ex. 24 - NOA of Pfizer, Inc., #25 Exhibit Ex. 25 - COS of NOA of Pfizer, #26 Exhibit Ex. 26 - Order Granting Plaintiffs' Motion for Change of Judge, #27 Exhibit Ex. 27 - Order on Reassignment, #28 Exhibit Ex. 28 - Answer of MetLife, #29 Exhibit Ex. 29 - Affidavit of Readiness, #30 Exhibit Ex. 30 - Plaintiff's Disclosure of Primary Witnesses, #31 Exhibit Ex. 31 - COS of Affidavit of Readiness, #32 Exhibit Ex. 32 - NOA of Fisher Scientific, #33 Exhibit Ex. 33 - NOH of Motion for Priority Trial, #34 Exhibit Ex. 34 - Motion for Priority Trial Setting, #35 Exhibit Ex. 35 - Declaration of Olson, #36 Exhibit Ex. 36 - Declaration of Ginsberg, #37 Exhibit Ex. 37 - COS of E-Service of Motion Documents, #38 Exhibit Ex. 38 - NOH re Motion for Priority Trial Setting, #39 Exhibit Ex. 39 - Motion for Priority Trial Setting, #40 Exhibit Ex. 40 - Declaration of Olson, #41 Exhibit Ex. 41 - Declaration of Ginsberg, #42 Exhibit Ex. 42 - COS of Motion Documents, #43 Exhibit Ex. 43 - NOH re Motion for Limited Admission of Mandell, #44 Exhibit Ex. 44 - Motion for Limited Admission of Mandell, #45 Exhibit Ex. 45 - NOH re Motion for Limited Admission of Morrison, #46 Exhibit Ex. 46 - Motion for Limited Admission of Morrison, #47 Exhibit Ex. 47 - NOH of Motion for Limited Admission of Nash, #48 Exhibit Ex. 48 - Motion for Limited Admission of Nash, #49 Exhibit Ex. 49 - NOH of Motion for Limited Admission of Williams, #50 Exhibit Ex. 50 - Motion for Limited Admission of Williams, #51 Exhibit Ex. 51 - Amended Motion for Priority Trial, #52 Exhibit Ex. 52 - COS of Amended Motion for Priority Trial, #53 Exhibit Ex. 53 - NOH of Motion for Limited Admission of Mandell, #54 Exhibit Ex. 54 - Motion for Limited Admission of Mandell, #55 Exhibit Ex. 55 - NOH of Motion for Limited Admission of Morrison, #56 Exhibit Ex. 56 - Motion for Limited Admission of Morrison, #57 Exhibit Ex. 57 - NOH of Motion for Limited Admission of Nash, #58 Exhibit Ex. 58 - Motion for Limted Admission of Nash, #59 Exhibit Ex. 59 - NOH of Motion for Limited Admission of Williams, #60 Exhibit Ex. 60 - Motion for LImited Admission of Williams, #61 Exhibit Ex. 61 - Decl. of Service of NOD on North Coast, #62 Exhibit Ex. 62 - Decl. of Service of NOD on Thermo Fisher, #63 Exhibit Ex. 63 - CH Murphy's Opposition, #64 Exhibit Ex. 64 - Decl. of Leeper, #65 Exhibit Ex. 65 - Joinder, #66 Exhibit Ex. 66 - Pfizer Response, #67 Exhibit Ex. 67 - Decl. of Desipio, #68 Exhibit Ex. 68 - Decl. of Service of Motion Docs, #69 Exhibit Ex. 69 - NOA of Howmet, #70 Exhibit Ex. 70 - NOH re Motion to Stay, #71 Exhibit Ex. 71 - Howmet's Motion to Stay, #72 Exhibit Ex. 72 - Decl. of MBT, #73 Exhibit Ex. 73 - COS re Motion Docs, #74 Exhibit Ex. 74 - Affidavit of Service of Motion Docs, #75 Exhibit Ex. 75 - North Coast's Response, #76 Exhibit Ex. 76 - Decl. of Eraut, #77 Exhibit Ex. 77 - Fisher's Joinder, #78 Exhibit Ex. 78 - Howmet's Response, #79 Exhibit Ex. 79 - COS of Response, #80 Exhibit Ex. 80 - NOH re Motion for Relief, #81 Exhibit Ex. 81 - Howmet's Motion for Relief, #82 Exhibit Ex. 82 - Decl. of MBT, #83 Exhibit Ex. 83 - COS of Motion Docs, #84 Exhibit Ex. 84 - Decl. of Service of Plaintiff's MPT, #85 Exhibit Ex. 85 - Affidavit of Service of NOD, #86 Exhibit Ex. 86 - Joinder, #87 Exhibit Ex. 87 - Plaintiff's Omnibus Reply, #88 Exhibit Ex. 88 - Decl. of Olson, #89 Exhibit Ex. 89 - Plaintiff's Reply, #90 Exhibit Ex. 90 - Decl. of Olson, #91 Exhibit Ex. 91 - Decl. of Cockrum, #92 Exhibit Ex. 92 - Howmet SurReply, #93 Exhibit Ex. 93 - COS, #94 Exhibit Ex. 94 - Plaintiff's Response to Motion to Stay, #95 Exhibit Ex. 95 - Decl. of Olson, #96 Exhibit Ex. 96 - COS, #97 Exhibit Ex. 97 - Order Granting Plaintiff's Motion to Stay, #98 Exhibit Ex. 98 - Order Amdending Case Schedule, #99 Exhibit Ex. 99 - Order Granting Pro Hac of Mandell, #100 Exhibit Ex. 100 - Order Granting Pro Hac of Morrison, #101 Exhibit Ex. 101 - Order Granting Pro Hac of Nash, #102 Exhibit Ex. 102 - Order Granting Pro Hac of Williams, #103 Exhibit Ex. 103 - Plaintiffs' Response to Motion for Relief, #104 Exhibit Ex. 104 - Decl. of Olson, #105 Exhibit Ex. 105 - Decl. of Cockrum, #106 Exhibit Ex. 106 - Howmet's Reply ISO Motion to Stay, #107 Exhibit Ex. 107 - Suppl. Decl. of Tuvim ISO Motion to Stay, #108 Exhibit Ex. 108 - Suppl. Decl. of Tuvim ISO Motion for Relief, #109 Exhibit Ex. 109 - Order Granting Motion to Stay, #110 Exhibit Ex. 110 - Order Granting Motion for Relief, #111 Exhibit Ex. 111 - COS, #112 Exhibit Ex. 112 - PG's Answer, #113 Exhibit Ex. 113 - NOH re Motion to Lift Stay, #114 Exhibit Ex. 114 - Plaintiff's Motion to Lift Stay, #115 Exhibit Ex. 115 - Decl. of Olson, #116 Exhibit Ex. 116 - COS, #117 Exhibit Ex. 117 - Howmet's Answer, #118 Exhibit Ex. 118 - COS, #119 Exhibit Ex. 119 - Howmet's Non-Opposition, #120 Exhibit Ex. 120 - COS, #121 Exhibit Ex. 121 - Order Amending Case Schedule, #122 Exhibit Ex. 122 - Order Granting Motion to Lift Stay, #123 Exhibit Ex. 123 - Pfizer Answer, #124 Exhibit Ex. 124 - COS, #125 Exhibit Ex. 125 - Howmet's NOH, #126 Exhibit Ex. 126 - COS, #127 Exhibit Ex. 127 - Pfizer's NOH, #128 Exhibit Ex. 128 - COS, #129 Exhibit Ex. 129 - NOH re North Coast MSJ, #130 Exhibit Ex. 130 - NOH re Motion for Reconsideration, #131 Exhibit Ex. 131 - Howmet's Motion for Reconsideration, #132 Exhibit Ex. 132 - Decl. of MBT, #133 Exhibit Ex. 133 - COS, #134 Exhibit Ex. 134 - Pfizer's Joinder, #135 Exhibit Ex. 135 - COS, #136 Exhibit Ex. 136 - CH Murphy's Joinder, #137 Exhibit Ex. 137 - Dismissal of Fisher Scientific, #138 Exhibit Ex. 138 - Notice of Removal to USDC, #139 Exhibit Ex. 139 - COS, #140 Exhibit Ex. 140 - Notice of Withdrawal, #141 Exhibit Ex. 141 - Minute Order, #142 Exhibit Ex. 142 - COS, #143 Exhibit Ex. 143 - Plaintiff's Response to Howmet's Resp. to Motion for Reconsideration, #144 Exhibit Ex. 144 - Olson Decl.)(Tuvim, Mark) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Metropolitan Life Insurance Company (Eversole, Sarah) |
| Filing 16 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Richard G Gawlowski for Defendant Metropolitan Life Insurance Company. (Eversole, Sarah) |
| Filing 15 NOTICE of Appearance by attorney Sarah L Eversole on behalf of Defendant Metropolitan Life Insurance Company. (Eversole, Sarah) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Pfizer Inc (Todaro, Anthony) |
| Filing 13 ANSWER to Complaint; by Pfizer Inc.(Todaro, Anthony) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Howmet Aerospace Inc (Tuvim, Mark) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Sonepar USA Holdings, Inc. for North Coast Electric Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by North Coast Electric Company (Eraut, Allen) |
| Filing 10 NOTICE of Appearance by attorney Allen Eraut on behalf of Defendant North Coast Electric Company. (Eraut, Allen) |
| Filing 9 NOTICE of Appearance by attorney Anthony Todaro on behalf of Defendant Pfizer Inc. (Todaro, Anthony) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by C H Murphy/Clark-Ullman Inc (Leeper, Virginia) |
| Filing 7 NOTICE of Related Case(s) 2:22-cv-00969-JHC, by Defendant Howmet Aerospace Inc. (Tuvim, Mark) |
| Filing 6 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (JWC) |
| Filing 5 Notice of Filing Deficiency re #1 Notice of Removal. ***Action Required*** Notice of Related Cases Omitted.See attached letter for more information and instructions. Notice of Related Case must be filed by 10/31/2022. (JWC) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendants must file Corporate Disclosure Statements by 11/2/2022. (JWC) |
| Judge Marsha J. Pechman added. (JWC) |
| Filing 4 ERRATA re #2 Declaration (non motion),,, by Defendant Howmet Aerospace Inc (Tuvim, Mark) |
| Filing 3 NOTICE of Appearance by attorney Justin Olson on behalf of Plaintiffs Donna Cockrum, Jeffrey L Cockrum. (Olson, Justin) |
| Filing 2 DECLARATION of Mark B. Tuvim re #1 Notice of Removal, by Defendant Howmet Aerospace Inc (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Declaration of Service of S&C, #3 Exhibit C - First State Court Complaint, #4 Exhibit D - Pfizer's Answer, #5 Exhibit E - C.H. Murphy's MTD, #6 Exhibit F - First Amended Complaint, #7 Exhibit G - First Notice of Removal, #8 Exhibit H - Plaintiff's MTD, #9 Exhibit I - Howmet MTD or MSJ, #10 Exhibit J - Cockrum Deposition Excerpts, #11 Exhibit K1 - Order Granting North Coast MSJ, #12 Exhibit K2 - North Coast's MSJ, #13 Exhibit K3 - Plaintiff's Response to North Coast's MSJ, #14 Exhibit K4 - North Coast's Reply, #15 Exhibit L - Order Granting Voluntary Dismissal)(Tuvim, Mark) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 22-2-12092-4 KNT; (Receipt # AWAWDC-7751720) Attorney Mark B Tuvim added to party Howmet Aerospace Inc(pty:dft), filed by Howmet Aerospace Inc. (Attachments: #1 Civil Cover Sheet)(Tuvim, Mark) (Additional attachment(s) added on 10/26/2022: #2 First Amended Complaint) (JWC) Modified 10/26/2022 to add First Amended Complaint as attachment (JWC) (Attachment 1 replaced on 10/27/2022 due to malformed PDF) (CDA). |
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