NOTICE of Non-Compliance re 114 Witness List, 115 Witness List which are hereby STRICKEN from the record as erroneous docket entries. This case was transferred to the Eastern District of Pennsylvania on July 7, 2009. (djy, ) (Entered: 08/19/2010)
STIPULATION of Dismissal Joint Stipulation of Dismissal by Tarkett Floor Products Texas, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Stockham, Connie) (Entered: 06/24/2010)
STIPULATION of Dismissal Without Prejudice by USX Corporation. (Attachments: # 1 Text of Proposed Order of Dismissal)(Wheeler, Allan) (Entered: 06/23/2010)
STIPULATION of Dismissal by Plaintiff and by Imo Industries, Inc.. (Attachments: # 1 Text of Proposed Order)(Helmsing, Frederick) (Entered: 06/21/2010)
STIPULATION of Dismissal Without Prejudice by Arvinmeritor Corporation, Dana Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order of Dismissal)(Padgett, Elizabeth) (Entered: 06/21/2010)
NOTICE RE MDL 875 - Asbestos Litigation: that pursuant to Administrative Order No. 11, all documents in MDL 875 are to be filed in the USDC for the Eastern District of Pennsylvania. (Attachments: # 1 ECF Registration Form, # 2 Validation of Signature Form)(cc, ) (Entered: 07/07/2009)
Copy of Transfer Order No. 439 entered by Transferee Court on 6/1/2009 transferring this case to the USDC, Eastern District of Pennsylvania in accordance with the terms of Administrative Order No. 11; that the effective date of transfer is upon entry of this order. (Attachments: # 1 Amended Administrative Order #11, # 2 Administrative Order #12)(cc, ) (Entered: 07/07/2009)
MOTION for Joinder in Certain Defendants Response in Opposition to Plaintiffs Motion for Extension of Time in Which to Comply with this Courts Discovery Plan Orders and Defendants Objections to and Motion to Strike Plaintiffs Unilaterally Filed Discovery Plans by Guard-Line, Inc.. (Bosio, Nathaniel) (Entered: 06/25/2009)
MOTION for Joinder in Certain Defendants Response in Opposition to Plaintiffs Motion for Extension of Time in Which to Comply with this Courts Discovery Plan Orders and Defendants Objections to and Motion to Strike Plaintiffs Unilaterally Filed Discovery Plans by Guard-Line, Inc.. (Bosio, Nathaniel) (Entered: 06/25/2009)
OBJECTION TO and MOTION to Strike Plaintiff's 100 Notice of Filing Proposed Discovery Plan by Crane Co.. (Clarke, Timothy) Modified on 6/16/2009 to create a link with 100 Notice (cc, ). (Entered: 06/15/2009)
Joinder in Certain Defendants' 101 Response in Opposition to Plaintiff's Motion for Extension of Time in Which to Comply with This Court's Discovery Plan Orders by Crane Co., Crane Pumps Systems. (Clarke, Timothy) Modified on 6/16/2009 to create a link with 101 Response and to change the text to read that this document is a Joinder rather than a Motion for Joinder (cc, ). (Entered: 06/15/2009)
Certain Defendants Response in Opposition to Plaintiffs Motion for Extension of Time in Which to Comply with this Courts Discovery Plan Orders; Defendants Objections to and MOTION to Strike 100 Plaintiffs Unilaterally Filed Discovery Plans by Ingersoll-Rand Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2, # 5 Exhibit D)(Goodson, Laura) Modified on 6/15/2009 to clarify text to read that this is a Response to Motion for Extension rather than a Motion (cc, ). (Entered: 06/13/2009)
ORDER requiring the holding of a discovery planning conference, pursuant to Fed. R. Civ. P. 26(f) and directing the parties to submit to the Court a Fed. R. Civ. P. 26(f) (3) discovery plan by June 7th, 2009, as set out; that the agreed discovery plan must be electronically filed in the Eastern District of Pennsylvania; that in the event that the case does not have an individual Eastern District of Pennsylvania civil action number, the discovery plan must be filed electronically on the original docket in the transferor district court. Signed by Eduardo C. Robreno on 4/9/2009. (cc, ) (Entered: 04/13/2009)
ORDER that a hearing on defendant's 92 MOTION for a rule to show cause in accordance with Administrative Order No. 12A, will be held on Tuesday, April 7, 2009 at 9:00 am in Courtroom hA, United States Courthouse, 601 Market Street, Philadelphia, PA 19106. Signed by Eduardo C. Robreno on 3/24/2009. (cc, ) (Entered: 03/30/2009)
RESPONSE to Motion re 94 MOTION for Order to Show Cause, 92 MOTION for Order to Show Cause for Failure to Comply with Administrative Orders 12 and 12A, 93 MOTION for Order to Show Cause filed by Elizabeth Frierson. (Keahey, Grover) (Entered: 03/28/2009)
RESPONSE to Motion re 94 MOTION for Order to Show Cause, 92 MOTION for Order to Show Cause for Failure to Comply with Administrative Orders 12 and 12A, 93 MOTION for Order to Show Cause filed by Elizabeth Frierson. (Keahey, Grover) (Entered: 03/27/2009)
MOTION for Order to Show Cause for Failure to Comply with Administrative Orders 12 and 12A by Kelly-Moore Paint Company, Inc.. (Mills, William) (Entered: 03/06/2009)
BRIEF/MEMORANDUM in Opposition to doc. 82 -- Motion to Dismiss by Domco/Tarkett Floor Products, Inc. filed by Elizabeth Frierson. (Attachments: # 1 Exhibit Exhibit A -- docket sheet, # 2 Exhibit Exhibit B -- return receipt card, # 3 Exhibit Exhibit C -- USPS Track & Confirm)(Keahey, Grover) Modified on 12/9/2008 to create a link with 82 Motion (cc, ). (Entered: 12/08/2008)
ANSWER to 58 Amended Complaint, by Crane Pumps Systems.(Redditt, F.) Modified on 11/25/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 11/24/2008)
ORDER granting 19 MOTION to Withdraw Motion to Dismiss and/or Motion for Summary Judgment filed by USX Corporation; that said 13 Motion is deemed Withdrawn. Signed by Eduardo C. Robreno on 10/27/2008. (cc, ) (Entered: 11/18/2008)
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Tarkett Floor Products Texas, Inc. Corporate Disclosures due by 12/2/2008. (Attachments: #(1) Corporate/Conflict Attachment)(dmn) (Entered: 11/17/2008)
NOTICE of Correction re 79 Corporate/Conflict Disclosure Statement. This notice is docketed to enter the corrected pdf of the referenced document into the record. The original pdf did not contain an electronic signature nor a certificate of service. (Attachments: #(1) Corrected pdf of Doc. #79)(dmn) (Entered: 11/03/2008)
NOTICE of Deficiency re 79 Corporate/Conflict Disclosure Statement. The referenced pleading does not contain an electronic signature as required by Civil Administrative Procedure II-C nor does it contain a certificate of service. (dmn) (Entered: 11/03/2008)
Corporate/Conflict Disclosure Statement by CBS Corporation. (Harris, James) [Modified on 11/3/2008 to replace the pdf. The original pdf did not contain an electronic signature nor a certificate of service.-DMN] (Entered: 10/10/2008)
Bechtel's ANSWER to 60 Amended Complaint, Answer of Becthel Construction Company to Complaint as Last Amended by Bechtel Construction Company.(Harris, James) (Entered: 10/02/2008)
ANSWER to Complaint by Dana Corporation.(Fletcher, Evelyn) Modified on 10/2/2008 to reflect this Answer contains a Jury Demand (cc, ). (Entered: 10/01/2008)
Return Receipt Card showing service of summons, complaint and first and second amended complaints: signed by Frances Burris for Carmeuse Lime & Stone individually and as successor in interest to Oglebay Norton Company served on 9/26/2008, answer due 10/16/2008; signed by CT Corporation for Tarkett Floor Products Texas, Inc. served on 9/25/2008, answer due 10/15/2008. (cc, ) (Entered: 09/29/2008)
Summons Issued; summons, complaint and first and second amended complaints mailed by CMRRR to Carmeuse Lime & Stone and to Tarkett Floor Products Texas, Inc. (cc, ) (Entered: 09/23/2008)
ORDER allowing Amendment as set forth in plaintiff's 60 Motion for Leave to File Second Amended Complaint to rename defendant AZROCK INDUSTRIAL INC., who was improperly named in Plaintiff's Complaint, to TARKETT FLOOR PRODUCTS TEXAS INC., f/ida DOMCO INC. FLOOR PRODUCTS (TEXAS), f/k/a AZROCK INDUSTRIES, INC. f/k/a AZROCK COMMERCIAL FLOORING; that service of the Second Amended Complaint shall be made upon Defendant, TARKETT FLOOR PRODUCTS TEXAS INC., f/Ida DOMCO INC. FLOOR PRODUCTS (TEXAS), f/k/a AZROCK INDUSTRIES, INC. f/k/a AZROCK COMMERCIAL FLOORING; that no answer to this First Amended Complaint will be required if an answer to the original complaint was filed. Signed by James T Giles on 9/11/2008. (cc, ) (Entered: 09/22/2008)
ORDER allowing Amendment as set forth in 58 Motion for Leave to File First Amended Complaint to rename defendant OGLEBAY NORTON COMPANY, who was improperly named in Plaintiff's Complaint, to CARMEUSE LIME & STONE individually and as successor in interest to OGLEBAY NORTON COMPANY; that Service of the First Amended Complaint shall be made upon Defendant, CARMEUSE LIME & STONE individually and as successor in interest to OGLEBAY NORTON COMPANY; that no answer to this First Amended Complaint will be required if an answer to the original complaint was filed. Signed by James T Giles on 9/11/2008. (cc, ) (Entered: 09/22/2008)
ANSWER to 58 Amended Complaint, by Rapid American Corporation.(Mccafferty, Emit) Modified on 9/16/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 09/15/2008)
ANSWER to 58 Amended Complaint, by Foster-Wheeler Corporation.(Redditt, F.) Modified on 9/16/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 09/15/2008)
ANSWER to 58 Amended Complaint, by Crane Co..(Redditt, F.) Modified on 9/16/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 09/15/2008)
RESPONSE to Motion re 61 MOTION for Joinder in Defendants' Motion to Dismiss, 59 MOTION for Joinder IN BP AMERICA, INC. AND BP AMOCO CHEMICAL COMPANY'S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6), OR IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED.R.CIV.P. 12(e); AND MOTION TO REQUIRE PARTICU MOTION for Joinder IN BP AMERICA, INC. AND BP AMOCO CHEMICAL COMPANY'S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6), OR IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED.R.CIV.P. 12(e); AND MOTION TO REQUIRE PARTICU, 36 MOTION to Dismiss Pursuant to FRCP 12(b)(6), or in the Alternative Motion for More Definite Statement Pursuant to FRCP 12(e); and Motion to Require Particularity Pursuant to FRCP 9(b) MOTION to Dismiss Pursuant to FRCP 12(b)(6), or in the Alternative Motion for More Definite Statement Pursuant to FRCP 12(e); and Motion to Require Particularity Pursuant to FRCP 9(b), 48 MOTION for Joinder to Certain Defendants Motion to Dismiss Pursuant to FRCP 12(b)(6), or in the Alternative Motion for More Definite Statement Pursuant to FRCP 12(e); and Motion to Require Particularity Pursuant to FRCP 9(b) MOTION for Joinder to Certain Defendants Motion to Dismiss Pursuant to FRCP 12(b)(6), or in the Alternative Motion for More Definite Statement Pursuant to FRCP 12(e); and Motion to Require Particularity Pursuant to FRCP 9(b) Plaintiffs Master Response to Defendants Motion to Dismiss filed by Elizabeth Frierson. (Keahey, Grover) (Entered: 09/12/2008)
JOINDER in Motion to Dismiss, or in the Alternative Motion for More Definite Statement; and Motion to Require Particularity filed by Defendants BP America, Inc. and BP Amoco Chemical Company by Kaiser Gypsum Company, Inc.. (Noletto, Vincent) (Entered: 09/10/2008)
MOTION for Joinder in Defendants' 36 Motion to Dismiss by Rockwell Automation. (Gresham, Julie) Modified on 9/10/2008 to create a link with 36 Motion(cc, ). (Entered: 09/09/2008)
SECOND AMENDED COMPLAINT against all parties, filed by Elizabeth Frierson. (Attachments: # 1 Exhibit A -- Second Amended Complaint)(Keahey, Grover) Modified on 9/8/2008 to reflect that this is a MOTION (qc/djy, ). Modified on 9/22/2008 that this pdf document is styled as "Motion for Leave of Court to File First Amended Complaint" with the proposed Amended Complaint attached as Exhibit A however it was filed using the event "Amended Complaint" (cc, ). (Entered: 09/05/2008)
MOTION for Joinder IN BP AMERICA, INC. AND BP AMOCO CHEMICAL COMPANY'S 36 MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6), OR IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FED.R.CIV.P. 12(e); AND MOTION TO REQUIRE PARTICULARITY PURSUANT TO FED.R.CIV.P. 9(b) by Aurora Pumps. (Thompson, Jennifer) Modified on 9/4/2008 to create a link with 36 Motion (cc, ). (Entered: 09/03/2008)
AMENDED COMPLAINT against all defendants, filed by Elizabeth Frierson. (Attachments: # 1 Exhibit A)(Keahey, Grover) Modified on 9/2/2008 to reflect that this pdf document is styled as "Motion for Leave of Court to File First Amended Complaint" with the proposed Amended Complaint attached as Exhibit A however it was filed using the event "Amended Complaint" (cc, ). (Entered: 08/29/2008)
STIPULATION of Dismissal (Joint) Without Prejuduce by The Anchor Packing Company. (Attachments: # 1 Text of Proposed Order Order of Dismissal as to The Anchor Packing Company)(McDonough, Edward) (Entered: 08/22/2008)
ANSWER to 1 Complaint by Conwed Corporation.(Bosio, Nathaniel) Modified on 8/22/2008 o reflect that this Answer contains a Jury Demand (cc, ). (Entered: 08/21/2008)
ANSWER to 1 Complaint by Guard-Line, Inc..(Bosio, Nathaniel) Modified on 8/22/2008 o reflect that this Answer contains a Jury Demand (cc, ). (Entered: 08/21/2008)
MOTION for Joinder to Certain Defendants Motion to Dismiss Pursuant to FRCP 12(b)(6), or in the Alternative Motion for More Definite Statement Pursuant to FRCP 12(e); and Motion to Require Particularity Pursuant to FRCP 9(b) by Ingersoll-Rand Company. (Partridge, Donald) (Entered: 08/20/2008)
ANSWER to 1 Complaint by Rockbestos-Surprenant Cable Corporation.(Cox, Haley) Modified on 8/22/2008 to reflect that this answer contains a Jury Demand (cc, ). (Entered: 08/20/2008)
ANSWER to Complaint by Arvinmeritor Corporation.(Fletcher, Evelyn) Modified on 8/22/2008 to reflect that this answer contains a Jury Demand (cc, ). (Entered: 08/20/2008)
ANSWER to Complaint by Union Carbide Corporation.(Fletcher, Evelyn) Modified on 8/20/2008 to reflect that this Answer contains a Jury Demand(cc, ). (Entered: 08/19/2008)
ANSWER to Complaint by Bayer Cropscience, Inc..(Fletcher, Evelyn) Modified on 8/20/2008 to reflect that this Answer contains a Jury Demand(cc, ). (Entered: 08/19/2008)
ANSWER to 1 Complaint by Uniroyal Fiber & Textile Division of Uniroyal, Inc..(Goodson, Laura) Modified on 8/19/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 08/18/2008)
MOTION to Dismiss Pursuant to FRCP 12(b)(6), or in the Alternative Motion for More Definite Statement Pursuant to FRCP 12(e); and Motion to Require Particularity Pursuant to FRCP 9(b) by BP America, BP Amoco Chemical Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Partridge, Donald) (Entered: 08/18/2008)
ANSWER to 1 Complaint by Kaiser Gypsum Company, Inc..(Noletto, Vincent) Modified on 8/19/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 08/18/2008)
ANSWER to Complaint by Rapid American Corporation.(Mccafferty, Emit) Modified on 8/19/2008 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 08/18/2008)
ANSWER to 1 Complaint by Foster-Wheeler Corporation.(Redditt, F.) Modified on 8/18/2008 to reflect that this Answer includes a Jury Demand (cc, ). (Entered: 08/15/2008)
ANSWER to 1 Complaint by Crane Co..(Redditt, F.) Modified on 8/18/2008 to reflect that this Answer includes a Jury Demand (cc, ). (Entered: 08/15/2008)
Summons Returned Unexecuted as to Oglebay Norton Company returned by US Postal Service with the following notation, "returned to sender-not deliverable as addressed-unable to forward". Counsel for plaintiffs notified via this notice, party has not been served. (djy, ) (Entered: 08/12/2008)
Return Receipt Card showing service of summons & complaint for: Union Carbide Corporation served on 7/29/2008, answer due 8/18/2008. (cc, ) (Entered: 08/05/2008)
Return Receipt Card showing service of summons & complaint for: Bechtel Construction Company served on 8/1/2008, answer due 8/21/2008; Ingersoll-Rand Company served on 7/28/2008, answer due 8/18/2008; Koppers Industries served on 7/28/2008, answer due 8/18/2008. (cc, ) (Entered: 08/04/2008)
Return Receipt Card showing service of summons & complaint for: BP America served on 7/28/2008, answer due 8/18/2008; BP Amoco Chemical Company served on 7/28/2008, answer due 8/18/2008; Conwed Corporation served on 7/28/2008, answer due 8/18/2008; Imo Industries, Inc. served on 7/28/2008, answer due 8/18/2008; Kelly-Moore Paint Company, Inc. served on 7/28/2008, answer due 8/18/2008; American Optical Corporation served on 7/28/2008, answer due 8/18/2008; The Anchor Packing Company served on 7/28/2008, answer due 8/18/2008; Bayer Cropscience, Inc. served on 7/28/2008, answer due 8/18/2008. (cc, ) (Entered: 08/04/2008)
Return Receipt Card showing service of summons & complaint for: Arvinmeritor Corp. (undated); Crane Co. served on 7/28/2008, answer due 8/18/2008; Crane Pumps Systems served on 7/29/2008, answer due 8/18/2008; Foster-Wheeler Corporation served on 7/28/2008, answer due 8/18/2008; Guard-Line, Inc. served on 7/28/2008, answer due 8/18/2008; Kaiser Gypsum Company, Inc. served on 7/28/2008, answer due 8/18/2008; Rapid American Corp. (undated); Rockwell Automation served on 7/28/2008, answer due 8/18/2008; TH Agriculture & Nutrition, LLC (undated); Uniroyal Fiber & Textile Division of Uniroyal, Inc. served on 7/28/2008, answer due 8/18/2008; USX Corporation served on 7/28/2008, answer due 8/18/2008. (cc, ) (Entered: 08/01/2008)
Return Receipt Card showing service of summons & complaint signed by: J. Fyffe on 7/28/2008 for BF Goodrich Corp, answer due 8/17/2008; (signature illegible) undated for Azrock Industrial Inc.; G. Young on 7/26/2008 for Dana Corp, answer due 8/15/2008. (cc, ) (Entered: 07/30/2008)
Return Receipt Card showing service of summons & complaint signed by Lee Greiner for Rockbestos-Surprenant Cable Corporation served on 7/26/2008, answer due 8/15/2008. (cc, ) (Entered: 07/29/2008)
Letter received from the USDC, Eastern District of Pennsylvania regarding Conditional Transfer Order. Pursuant to said letter, USDC, Middle District of Alabama will continue to maintain the record and docket responsibility and will will continue to process this litigation as the USDC, Eastern District of Pennsylvania is NOT accepting the original records and/or docket responsibility. (cc, ) (Entered: 07/15/2008)
Received certified copy of Conditional Transfer Order entered on 6/17/2008 by the Judicial Panel on Multidistrict Litigation transferring this case to the USDC, Eastern District of Pennsylvania. (cc, ) (Entered: 07/15/2008)
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to plaintiff Elizabeth Frierson; Corporate Disclosures due by 6/6/2008. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 05/22/2008)
COMPLAINT against all defendants ( Filing fee $ 350.00 receipt number 4602005155.), filed by Elizabeth Frierson. (Attachments: # 1 Receipt)(cc, ) (Entered: 05/22/2008)
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