Spilmom v. General Electric Company et al

Filing 30

CASE REOPENED CONDITIONAL REMAND ORDER FROM Eastern District of Pennsylvania, MDL 875 (Attachments: # 1 Eastern Pennsylvania docket)(dtmS, COURT STAFF) (Filed on 10/4/2013) Modified on 10/4/2013 (dtmS, COURT STAFF).

United States District Court Eastern District of Pennsylvania

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ASBESTOS,CA-N,MDL-875

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:10-cv-61099-ER
Internal Use Only
SPILMOM v. GENERAL ELECTRIC COMPANY et al
Assigned to: HONORABLE EDUARDO C. ROBRENO
Case in other court: CALIFORNIA NORTHERN, 09-05649
Cause: 28:1332 Diversity-Asbestos Litigation

Date Filed: 02/08/2010
Jury Demand: None
Nature of Suit: 368 P.I. : Asbestos
Jurisdiction: Diversity

Plaintiff
MARIE SPILMON
SUCCESSOR-IN-INTEREST TO
PLAINTIFF MARION SPILMON,
DECEASED
also known as
MARION SPILMOM

represented by ALAN R. BRAYTON
BRAYTON, PURCELL LLP
222 RUSH LANDING RD
PO BOX 6169
NOVATO, CA 94945
415-898-1555
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DAVID R. DONADIO
BRAYTON PURCELL LLP
222 RUSH LANDING RD
POBOX 6169
NOVATO, CA 94948
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
GEOFF T. SLONIKER
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: [e-mail]
ATTORNEY TO BE NOTICED
JAMIE ALEXIS NEWBOLD
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: [e-mail]
ATTORNEY TO BE NOTICED

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KIMBERLY J.W.J. CHU
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: [e-mail]
ATTORNEY TO BE NOTICED
KIMBERLY L. MEYER
BRAYTON PURCELL
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: [e-mail]
TERMINATED: 03/12/2012
RICHARD MARTIN GRANT
BRAYTON-PURCELL LLP
222 RUSH LANDING ROAD
P.O. BOX 6169
NOVATO, CA 94948
415/898-1555
Email: [e-mail]
ATTORNEY TO BE NOTICED
V.
Defendant
GENERAL ELECTRIC COMPANY

represented by CHARLES T. SHELDON
WALSWORTH FRANKLIN BEVINS
& MCCALL LLP
601 NONTGOMERY ST, 9TH FLOOR
SAN FRANCISCO, CA 94111
415-781-7900
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
MARC BRAINICH
SEDGWICK LLP
333 BUSH ST 30TH FL
SAN FRANCISCO, CA 94104-2834
415-781-7900
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ALLISON M. LOW
SEDGWICK LLP

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333 BUSH ST 30TH FL
SAN FRANCISCO, CA 94104-2834
415-627-1466
Email: [e-mail]
ATTORNEY TO BE NOTICED
DEREK S. JOHNSON
WALSWORTH RANKLIN BEVINS &
MCCALL LLP
601 MONTGOMERY ST 9TH FL
SAN FRANCISCO, CA 94111
415-781-7900
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
NORTHROP GRUMMAN
SHIPBUILDING, INC.

represented by DANIEL JAMES KELLY
TUCKER ELLIS & WEST LLP
135 MAIN ST STE 700
SAN FRANCISCO, CA 94105
415-617-2400
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
NAIRI PATERSON
HAIGHT BROWN & BONESTEEL
LLP
71 STEVENSON ST 20TH FL
SAN FRANCISCO, CA 94105
415-546-7500
Email: [e-mail]
TERMINATED: 09/27/2010
LEAD ATTORNEY
PEGGY DOYLE
TUCKER ELLIS LLP
135 MAIN ST STE 700
SAN FRANCISCO, CA 94105
415-617-2234
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
WARREN PUMPS LLC
TERMINATED: 10/14/2010

represented by JAMES PATRICK CUNNINGHAM
TUCKER ELLIS LLP
135 MAIN ST STE 700
SAN FRANCISCO, CA 94105
415-617-2400
Email:

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[e-mail]
TERMINATED: 10/14/2010
SUSANNE GHESERI ARANI
LINER GRODE STEIN
YANKELEVITZ SUNSHINE
REGENSTREIF & TAYLOR
199 FREMONT ST 20TH FL
SAN FRANCISCO, CA 94105
415-489-7700
Email: [e-mail]
TERMINATED: 10/14/2010
Defendant
KAISER VENTURES LLC
TERMINATED: 08/13/2012

represented by JEREMY D. HUIE
BASSI EDLIN HUIE & BLUM LLP
500 WASHINGTON ST STE 700
SAN FRANCISCO, CA 94111
415-397-9006
Email: [e-mail]
TERMINATED: 08/13/2012
LEAD ATTORNEY
JONATHAN E. MEISLIN
BASSI EDLIN HUIE & BLUM LLP
500 WASHINGTON ST STE 700
SAN FRANCISCO, CA 94111
415-397-9006
Email: [e-mail]
TERMINATED: 08/13/2012

Defendant
FOSTER WHEELER, LLC.
FORMERLY KNOWN AS FOSTER
WHEELER CORPORATION
TERMINATED: 08/09/2013

represented by JAMES C. PARKER
BRYDON HUGO & PARKER
135 MAIN STREET
20TH FLOOR
SAN FRANCISCO, CA 94105
TERMINATED: 08/09/2013
LEAD ATTORNEY
SHELLEY K. TINKOFF
BRYDON HUGO & PARKER
135 MAIN ST 20TH FL
SAN FRANCISCO, CA 94105
415-808-0300
Email: [e-mail]
TERMINATED: 08/09/2013
LEAD ATTORNEY
CHARLES S. PARK

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BRYDON HUGO & PARKER
135 MAIN STREET
20TH FLOOR
SAN FRANCISCO, CA 94105
415-808-0300
Email: [e-mail]
TERMINATED: 08/09/2013
Defendant
METROPOLITAN LIFE
INSURANCE COMPANY
TERMINATED: 09/16/2013

Defendant
HUNTINGTON INGALLS
INCORPORATED
FORMERLY KNOWN AS NORTHROP
GRUMMAN SHIPBUILDING, INC.

represented by STEWART R. SINGER
SALMON RICCHEZZA SINGER &
TURCHI LLP
1601 MARKET ST SUITE 2500
PHILADELPHIA, PA 19103
215-606-6600
Email: [e-mail]
TERMINATED: 09/16/2013
represented by DANIEL JAMES KELLY
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
WESTERN MACARTHUR
COMPANY
Defendant
WESTERN ASBESTOS COMPANY
Defendant
ATLAS VALVE COMPANY, INC.
Date Filed

#

Docket Text

02/08/2010

1

TRANSFER ORDER NO. 659 THAT THE CLERK OF COURT IS
ORDERED TO INITIATE THE PROCEDURES FOR THE TRANSFER
OF MDL 875 CASES FROM THE U.S.D.C. NORTHERN DISTRICT OF
CALIFORNIA, IN ACCORDANCE WITH THE TERMS OF THIS
COURT'S ADMINISTRATIVE ORDER NO. 11. ENTERED AND
COPIES MAILED. (cfz, ) (Entered: 02/12/2010)

02/08/2010

2

AMENDED ADMINISTRATIVE ORDER NO. 11 THAT THE
MODIFICATIONS TO THE EXISTING PROCEDURES FOR THE
PROCESSING OF CASES, DOCKETS, PLEADINGS AND ORDERS IN
MDL 875 CASES ARE ADOPTED AS OUTLINED IN THIS ORDER,
ETC. ENTERED AND COPIES MAILED. (cfz, ) (Entered: 02/12/2010)

02/08/2010

3

NOTICE TO COUNSEL (cfz, ) (Entered: 02/12/2010)

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03/01/2010

4

NOTICE by MARION SPILMOM of Electronic Submission (DONADIO,
DAVID) (Entered: 03/01/2010)

03/05/2010

5

NOTICE by WARREN PUMPS LLC of Payment Pursuant to
Administrative Order No. 14 (CUNNINGHAM, JAMES) (Entered:
03/05/2010)

03/05/2010

6

NOTICE by WARREN PUMPS LLC of Filing Answer to Complaint
(Attachments: # 1 Declaration in Support)(CUNNINGHAM, JAMES)
(Entered: 03/05/2010)

07/01/2010

7

ORDER THAT A STATUS AND SCHEDULING CONFERENCE WILL
BE HELD IN THE CAPTIONED CASES (SEE PAPER NO. 7351 ON 01MD-875 FOR LIST OF CASES) ON WEDNESDAY JULY 21, 2010 AT
10:00 A.M. IN COURTROOM 11A, 601 MARKET STREET,
PHILADELPHIA, PA 19106 ETC. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 6/25/10. 7/2/10 ENTERED AND COPIES
MAILED AND E-MAILED.(tj, ) (Entered: 07/02/2010)

07/02/2010

8

ORDER THAT A STATUS AND SCHEDULING CONFERENCE WILL
BE HELD IN THE CAPTIONED CASES WEDNESDAY, JULY 21, 2010
AT 10:00 AM IN COURTROOM 11A, UNITED STATES
COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106;
THAT PRIOR TO THE CONFERENCE, COUNSEL SHALL REVIEW
AND ASCERTAIN THE STATUS OF EACH CASE; AND THAT
FAILURE TO APPEAR AT THE CONFERENCE SHALL RESULT IN
THE DISMISSAL OF THE CASE WITHOUT PREJUDICE; ETC.
SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/25/2010.
7/2/2010 ENTERED AND COPIES MAILED, E-MAILED. (aeg, )
(Entered: 07/02/2010)

07/09/2010

9

ORDER THAT A STATUS AND SCHEDULING CONFERENCE WILL
BE HELD IN THE CASES ON THE ATTACHED LIST OF CASES ON
WEDNESDAY, JULY 21, 2010 AT 10:00 AM IN COURTROOM 11A,
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT
OF PENNSYLVANIA, 601 MARKET STREET, PHILADELPHIA, PA
19106; FAILURE TO APPEAR AT THE HEARING AND/OR
CONFERENCE SHALL RESULT IN THE DISMISSAL OF THE CASE;
ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
6/8/10. 7/9/10 ENTERED AND COPIES MAILED, E-MAILED.(ah)
(Entered: 07/09/2010)

07/15/2010

10

NOTICE by WARREN PUMPS LLC ASSOCIATION OF COUNSEL
(CUNNINGHAM, JAMES) (Entered: 07/15/2010)

07/23/2010

11

MOTION to Substitute, MOTION to Substitute Attorney filed by
WARREN PUMPS LLC..(ARANI, SUSANNE) (Entered: 07/23/2010)

07/28/2010
09/27/2010

(Court only) ***Motions terminated: (sc, ) (Entered: 07/28/2010)
12

NOTICE of Withdrawal of Appearance of NAIRI PATERSON by
ROBERT D. TOBEY, JR on behalf of NORTHROP GRUMMAN
SHIPBUILDING, INC.(TOBEY, ROBERT) Modified on 9/28/2010 (md).

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(Entered: 09/27/2010)
09/27/2010

(Court only) *** Attorney NAIRI PATERSON terminated. (md) (Entered:
09/28/2010)

10/05/2010

13

NOTICE of Voluntary Dismissal by All Plaintiffs As To defendant
WARREN PUMPS, LLC, only, Without Prejudice(DONADIO, DAVID)
(COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on
10/6/2010 (md). (Entered: 10/05/2010)

10/14/2010

14

ORDER THAT THIS COURT HEREBY GRANTS PLAINTIFFS
REQUEST TO DISMISS DEFENDANT WARREN PUMPS, LLC FROM
THIS ACTION WITHOUT PREJUDICE. EACH PARTY TO BEAR ITS
OWN FEES AND COSTS. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 10/12/2010. 10/14/2010 ENTERED AND COPIES
MAILED AND E-MAILED.(sg, ) (Entered: 10/14/2010)

11/03/2010

15

ORDER THAT THIS COURT GRANTS PLAINTIFF'S REQUEST TO
DISMISS DEFENDANT WARREN PUMPS' LLC FROM THIS ACTION
WITHOUT PREJUDICE. EACH PART TO BEAR ITS OWN FEES AND
COSTS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
10/28/2010. 11/4/2010 ENTERED AND COPIES MAILED AND EMAILED.(sg, ) (Entered: 11/04/2010)

05/03/2011

16

NOTICE of Appearance by DEREK S. JOHNSON, ALLISON M. LOW,
on behalf of GENERAL ELECTRIC COMPANY with Certificate of
Service(JOHNSON, DEREK) Modified on 5/4/2011 (md). (Entered:
05/03/2011)

07/26/2011

17

NOTICE of Change of Address by JEREMY D. HUIE(HUIE, JEREMY)
(Entered: 07/26/2011)

08/08/2011

18

ORDER THAT IN THE CASES LISTED IN EXHIBIT "A",
ATTACHED, A STATUS AND SCHEDULING CONFERENCE WILL
BE HELD ON 9/6/11 AT 2PM.. SIGNED BY HONORABLE EDUARDO
C. ROBRENO ON 8/8/11. 8/8/11 ENTERED AND COPIES MAILED, EMAILED (dp, ) (Entered: 08/08/2011)

09/01/2011

19

SUGGESTION OF DEATH Upon the Record as to Marion Spilmon by
MARION SPILMOM. (CHU, KIMBERLY) (Entered: 09/01/2011)

09/02/2011

20

STATUS REPORT for September 6, 2011 Initial Status and Scheduling
Conference by MARION SPILMOM. (MEYER, KIMBERLY) (Entered:
09/02/2011)

09/06/2011

21

First MOTION to Substitute Party [PROPOSED] ORDER; filed by
MARION SPILMOM.Declaration of Marie Spilmon; Certificate of
Service.(CHU, KIMBERLY) (Entered: 09/06/2011)

09/09/2011

22

ORDER THAT THE DEADLINES IN THE ABOVE-CAPTIONED
CASE ARE AS FOLLOWS: ALL DISCOVERY MUST BE
COMPLETED BY JANUARY 5, 2012; PLAINTIFF'S EXPERT
REPORTS MUST BE SERVED BY FEBRUARY 5, 2012;
DEFENDANT'S EXPERT REPORTS MUST BE SERVED BY MARCH

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5, 2012; REBUTTAL EXPERT REPORTS MUST BE SERVED BY
MARCH 19, 2012; SUMMARY JUDGMENT MOTIONS MUST BE
FILED BY APRIL 19, 2012; RESPONSES ARE DUE JUNE 19, 2012;
REPLIES, IF ANY, ARE DUE JULY 11, 2012; AND A FINAL PREREMAND HEARING, INCLUDING ORAL ARGUMENT ON ALL
OPPOSED SUMMARY JUDGMENT MOTIONS, WILL BE HELD ON
TUESDAY, JULY 24, 2012 AT 10:00 A.M. IN COURTROOM 11A,
JAMES A. BYRNE UNITED STATES COURTHOUSES, 601 MARKET
STREET, PHILADELPHIA, PENNSYLVANIA 19106. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 9/7/2011. 9/9/2011
ENTERED AND COPIES MAILED AND E-MAILED.(jcab) (Entered:
09/09/2011)
09/14/2011

23

CROSS-MOTION for Dismissal of Action, along with Opposition to
Motion to Substitute Party, filed by KAISER VENTURES LLC.
(Attachments: # 1 [PROPOSED] ORDER DENYING MOTION TO
SUBSTITUTE PARTY AND GRANTING MOTION TO DISMISS
ACTION)(HUIE, JEREMY) Modified on 9/15/2011 (md). (Entered:
09/14/2011)

09/21/2011

24

RESPONSE in Opposition re 23 MOTION to Substitute PARTY; AND
CROSS-MOTION FOR DISMISSAL OF ACTION RESPONSE IN
OPPOSITION TO DEFENDANT KAISER VENTURES LLCS MOTION TO
DISMISS filed by MARION SPILMOM. (Attachments: # 1 Affidavit
DECLARATION OF KIMBERLY J. CHU IN SUPPORT OF
PLAINTIFFS OPPOSITION TO DEFENDANT KAISER VENTURES
LLCS MOTION TO DISMISS, # 2 Text of Proposed Order [PROPOSED]
ORDER DENYING DEFENDANT KAISER VENTURES LLCS CROSSMOTION TO DISMISS)(CHU, KIMBERLY) (Entered: 09/21/2011)

09/22/2011

25

NOTICE by NORTHROP GRUMMAN SHIPBUILDING, INC. of Initial
Disclosures (KELLY, DANIEL) (Entered: 09/22/2011)

11/07/2011

26

ORDERED THAT THE MOTIONS LISTED IN EXHIBIT "A,"
ATTACHED, ARE GRANTED AS UNOPPOSED. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 11/7/2011.11/8/2011
ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered:
11/08/2011)

11/17/2011

27

ORDER THAT THE ORDER GRANTING PLAINTIFF'S MOTION TO
SUBSTITUTE AS UNOPPOSED (DOC. NO. 26) IS VACATED.
SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/17/2011.
11/17/2011 ENTERED AND COPIES MAILED AND E-MAILED. (ems)
(Entered: 11/17/2011)

02/08/2012

28

ORDER THAT THE SCHEDULING ORDER IN THESE CASES,
ENTERED ON 9/7/11, IS AMENDED TO READ THAT PLAINTIFFS'
RESPONSES (IF ANY) TO DEFENDANTS' MOTIONS FOR
SUMMARY JUDGMENT ARE DUE ON 5/21/12, AND DEFENDANTS'
REPLIES TO PLAINTIFFS' RESPONSES (IF ANY) ARE DUE 6/4/12.
ALL OTHER DATES IN THE SCHEDULING ORDER SHALL
REMAIN THE SAME.. SIGNED BY HONORABLE EDUARDO C.

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ROBRENO ON 2/6/12. 2/8/12 ENTERED AND COPIES MAILED, EMAILED (dp, ) (Entered: 02/08/2012)
03/12/2012

29

03/12/2012

NOTICE of Withdrawal of Appearance by KIMBERLY L. MEYER on
behalf of All Plaintiffs (MEYER, KIMBERLY) (Entered: 03/12/2012)
(Court only) *** Attorney KIMBERLY L. MEYER terminated. (md)
(Entered: 03/13/2012)

04/19/2012

30

MOTION for Summary Judgment of Defendant Huntington Ingalls
Incorporated Formerly Known as Northrop Grumman Shipbuilding, Inc.
filed by NORTHROP GRUMMAN SHIPBUILDING, INC..Declarations.
(Attachments: # 1 Exhibit Declaration of Daniel J. Kelly, # 2 Exhibit
Declaration of J. Graham-Part I, # 3 Exhibit Declaration of J. Graham-Part
II, # 4 Exhibit Declaration of J. Graham - Part III, # 5 Exhibit Declaration
of W. Hewitt-Part I, # 6 Exhibit Declaration of W. Hewitt-Part II)(KELLY,
DANIEL) (Entered: 04/19/2012)

04/19/2012

31

MOTION for Summary Judgment with Exhibits filed by KAISER
VENTURES LLC.Memorandum, Declaration, Certificate of Service.
(Attachments: # 1 Defendant Kaiser Ventures LLC'S Memorandum of Law
in Support of Its MSJ, # 2 Declaration of Jeremy D. Huie in Support of
MSJ, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5
Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to
Declaration)(MEISLIN, JONATHAN) (Entered: 04/19/2012)

05/21/2012

32

RESPONSE in Opposition re 31 MOTION for Summary Judgment with
Exhibits PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES
IN OPPOSITION TO DEFENDANT KAISER VENTURES LLCS MOTION
FOR SUMMARY JUDGMENT; EVIDENTIARY OBJECTIONS TO
DEFENDANT KAISER VENTURES LLCS MOTION FOR SUMMARY
JUDGMENT; PLAINTIFFS REQUEST FOR ORAL ARGUMENT; and
[PROPOSED] ORDER DENYING DEFENDANT KAISER VENTURES
LLCS MOTION FOR SUMMARY JUDGMENT; CERTIFICATE OF
SERVICE filed by MARIE SPILMON. (Attachments: # 1 Affidavit
DECLARATION OF JAMIE A. NEWBOLD IN SUPPORT OF
PLAINTIFFS OPPOSITION TO DEFENDANT KAISER VENTURES
LLCS MOTION FOR SUMMARY JUDGMENT)(NEWBOLD, JAMIE)
(Entered: 05/21/2012)

05/21/2012

33

RESPONSE in Opposition re 30 MOTION for Summary Judgment of
Defendant Huntington Ingalls Incorporated Formerly Known as Northrop
Grumman Shipbuilding, Inc. filed by MARIE SPILMON. (Attachments: #
1 Affidavit DECLARATION OF GEOFF T. SLONIKER IN SUPPORT
OF PLAINTIFFS OPPOSITION TO DEFENDANT HUNTINGTON
INGALLS INCORPORATEDS MOTION FOR SUMMARY JUDGMENT
[PART 1 OF 2], # 2 Affidavit DECLARATION OF GEOFF T.
SLONIKER IN SUPPORT OF PLAINTIFFS OPPOSITION TO
DEFENDANT HUNTINGTON INGALLS INCORPORATEDS MOTION
FOR SUMMARY JUDGMENT [PART 2 OF 2], # 3 Supplement
PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION
OF JOHN E. GRAHAM, # 4 Supplement PLAINTIFFS EVIDENTIARY

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OBJECTIONS TO THE DECLARATION OF CAPTAIN WESLEY C.
HEWITT, # 5 Supplement PLAINTIFFS REQUEST FOR ORAL
ARGUMENT, # 6 Text of Proposed Order [PROPOSED] ORDER
DENYING DEFENDANT HUNTINGTON INGALLS
INCORPORATEDS (FKA NORTHROP GRUMMAN SHIPBUILDING,
INC.) MOTION FOR SUMMARY JUDGMENT)(SLONIKER, GEOFF)
(Entered: 05/21/2012)
06/04/2012

34

REPLY to Response to Motion re 31 MOTION for Summary Judgment
with Exhibits DEFENDANT KAISER VENTURES LLC'S REPLY TO
PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
filed by KAISER VENTURES LLC. (Attachments: # 1 DEFENDANT
KAISER VENTURES LLC'S REQUEST FOR ORAL ARGUMENT ON
MOTION FOR SUMMARY JUDGMENT, # 2 DEFENDANT KAISER
VENTURES LLC'S OBJECTIONS TO PLAITNIFF'S EVIDENCE IN
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, # 3
[PROPOSED] ORDER GRANTING DEFENDANT KAISER
VENTURES LLC'S MOTION FOR SUMMARY JUDGMENT)(HUIE,
JEREMY) (Entered: 06/04/2012)

06/04/2012

35

REPLY to Response to Motion re 30 MOTION for Summary Judgment of
Defendant Huntington Ingalls Incorporated Formerly Known as Northrop
Grumman Shipbuilding, Inc. filed by NORTHROP GRUMMAN
SHIPBUILDING, INC.. (Attachments: # 1 Supplement, # 2 Exhibit)
(DOYLE, PEGGY) (Entered: 06/04/2012)

07/18/2012

36

ORDER THAT THE FINAL PRE-REMAND HEARING, INCLUDING
ORAL ARGUMENT ON ALL OPPOSED SUMMARY JUDGMENT
MOTIONS, WILL BE HELD ON 8/7/2012 AT 10:00 A.M., IN
COURTROOM 15A, ETC. SIGNED BY HONORABLE LEGROME D.
DAVIS FOR THE HONORABLE EDUARDO C. ROBRENO ON
7/18/2012; 7/18/2012 ENTERED AND COPIES MAILED AND EMAILED.(sg) (Entered: 07/18/2012)

07/25/2012

37

Memorandum in Support re 30 MOTION for Summary Judgment of
Defendant Huntington Ingalls Incorporated Formerly Known as Northrop
Grumman Shipbuilding, Inc. re "sophisticated user" defense filed by
NORTHROP GRUMMAN SHIPBUILDING, INC.. (KELLY, DANIEL)
(Entered: 07/25/2012)

08/01/2012

38

NOTICE by KAISER VENTURES LLC Notice of Withdrawal of Its: 1.
Opposition to Plaintiff's Motion to Substitute Successor in Interest; 2.
Cross-Motion to Dismiss for failure to Timely Substitute Successor in
Interest; and Motion for Summary Judgment (MEISLIN, JONATHAN)
(Entered: 08/01/2012)

08/01/2012

39

RESPONSE in Opposition re 30 MOTION for Summary Judgment of
Defendant Huntington Ingalls Incorporated Formerly Known as Northrop
Grumman Shipbuilding, Inc. PLAINTIFFS SUPPLEMENTAL
OPPOSITION IN SUPPORT OF OPPOSITION TO DEFENDANT
HUNTINGTON INGALLS INCORPORATEDS (FKA NORTHROP
GRUMMAN SHIPBUILDING, INC.) SUPPLEMENTAL BRIEFING IN

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SUPPORT OF MOTION FOR SUMMARY JUDGMENT; CERTIFICATE
OF SERVICE filed by MARIE SPILMON. (SLONIKER, GEOFF)
(Entered: 08/01/2012)
08/01/2012

(Court only) ***Motions terminated: 23 MOTION to Substitute PARTY;
AND CROSS-MOTION FOR DISMISSAL OF ACTION filed by
KAISER VENTURES LLC, 31 MOTION for Summary Judgment with
Exhibits filed by KAISER VENTURES LLC. (md) (Entered: 08/02/2012)

08/03/2012

40

NOTICE of Voluntary Dismissal by All Plaintiffs As To KAISER
VENTURES LLC ONLY, WITH PREJUDICE. EACH PARTY TO BEAR
ITS OWN FEES AND COSTS.(DONADIO, DAVID) Modified on
8/6/2012 (td, ). (Entered: 08/03/2012)

08/03/2012

41

STATUS REPORT RE FINAL PRE-REMAND CONFERENCE ON
AUGUST 7, 2012 by MARIE SPILMON. (CHU, KIMBERLY) (Entered:
08/03/2012)

08/08/2012

42

ORDER THAT THE ABOVE CASES ARE CONSOLIDATED. ALL
PLEADINGS ARE TO BE FILED UNDER THE LEAD CASE
NUMBER. THE MEMBER CASE IS TO BE STATISTICALLY
CLOSED AND THE CAPTION OF THE LEAD CASE IS TO BE
AMENDED TO INCLUDE ALL DEFENDANTS FROM THE
MEMEBER CASE. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 8/7/2012. 8/8/2012 ENTERED AND COPIES MAILED
AND E-MAILED.(amas) (Entered: 08/08/2012)

08/13/2012

43

THE PARTIES REQUEST THIS COURT DISMISS DEFENDANT
KAISER VENTURES LLC FROM THIS ACTION WITH PREJUDICE.
EACH PARTY TO BEAR ITS OWN FEES AND COSTS. KAISER
VENTURES LLC TERMINATED., ATTORNEY JONATHAN E.
MEISLIN TERMINATED.. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 8/10/12. 8/13/12 ENTERED AND COPIES MAILED, EMAILED.(jaa, ) (Entered: 08/13/2012)

08/15/2012

44

RESPONSE in Opposition re 30 MOTION for Summary Judgment of
Defendant Huntington Ingalls Incorporated Formerly Known as Northrop
Grumman Shipbuilding, Inc. CORRESPONDENCE RE MARITIME LAW
AND SOPHISTICATED USER AND INTERMEDIARY DEFENSES filed
by MARIE SPILMON. (GRANT, RICHARD) (Entered: 08/15/2012)

12/03/2012

45

ORDERED THAT THE MOTION FOR SUMMARY JUDGMENT OF
DEFENDANT NORTHROP GRUMMAN SHIPBUILDING, INC. IS
GRANTED IN PART AND DENIED IN PART. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 12/3/2012. 12/4/2012
ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered:
12/04/2012)

12/17/2012

46

MOTION for Reconsideration re 45 Order on Motion for Summary
Judgment filed by HUNTINGTON INGALLS
INCORPORATED.Memorandum, Certificate of Service.(KELLY,
DANIEL) (Entered: 12/17/2012)

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12/26/2012

47

ORDER THAT ORAL ARGUMENT ON THE MOTIONS FOR
RECONSIDERATION LISTED IN EXHIBIT "A," ATTACHED, IS
SCHEDULED FOR 1/22/2013 AT 3:00 P.M. IN COURTROOM 15-A.
ORDER THAT ORAL ARGUMENT ON THE QUESTION OF
WHETHER THE ORDERS SHOULD BE RECONSIDERED EXHIBIT
"B," ATTACHED, IS SCHEDULED FOR THE SAME TIME AND
PLACE AS MENTIONED ABOVE. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 12/26/2012. 12/26/2012 ENTERED AND
COPIES MAILED, E-MAILED.(APPLIES TO ALL ACTIONS LISTED
IN EXHIBIT "A" AND "B")(dp, ) (Entered: 12/26/2012)

01/03/2013

48

RESPONSE in Opposition re 46 MOTION for Reconsideration re 45 Order
on Motion for Summary Judgment filed by MARIE SPILMON.
(Attachments: # 1 Text of Proposed Order [PROPOSED] ORDER
DENYING DEFENDANT HUNTINGTON INGALLS
INCORPORATEDS (FKA NORTHROP GRUMMAN SHIPBUILDING,
INC.) MOTION FOR RECONSIDERATION OF THE ORDER
DENYING IN PART ITS MOTION FOR SUMMARY JUDGMENT)
(SLONIKER, GEOFF) (Entered: 01/03/2013)

02/26/2013

49

ORDER THAT THE MOTIONS FOR RECONSIDERATION OF
DEFENDANT HUNTINGTON INGALLS INCORPORATED
(FORMERLY KNOWN AS NORTHROP GRUMMAN SHIPBUILDING,
INC.) OF THE COURT'S SUMMARY JUDGMENT ORDERS
IDENTIFIED ON EXHIBIT A ARE DENIED. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 2/25/2013.2/26/2013
ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered:
02/26/2013)

07/25/2013

50

STIPULATION of Dismissal With Prejudice by FOSTER WHEELER,
LLC.. (PARK, CHARLES)(COPY FORWARDED TO JUDGE FOR
APPROVAL) Modified on 7/26/2013 (kf, ). (Entered: 07/25/2013)

07/25/2013

(Court only) ***Attorney JAMES C. PARKER for FOSTER WHEELER,
LLC. added. (kf, ) (Entered: 07/26/2013)

08/09/2013

51

STIPULATION AND ORDER THAT DEFENDANT, FOSTER
WHEELER LLC FKA FOSTER WHEELER CORPORATION, IS
DISMISSED WITH PREJUDICE, WITH EACH PARTY TO BEAR ITS
OWN FEES AND COSTS. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 8/8/2013. 8/12/2013 ENTERED AND COPIES MAILED
AND E-MAILED. (sg) (Entered: 08/12/2013)

09/03/2013

52

ORDER THAT A RULE IS ISSUED FOR PLAINTIFFS TO SHOW
CAUSE WHY THE CASES ON EXHIBIT "A", ATTACHED, SHOULD
NOT BE DISMISSED OR REMANDED TO THE TRANSFEROR
COURT; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO
ON 8/29/2013. 9/4/2013 ENTERED AND COPIES MAILED AND EMAILED. (sg) (Entered: 09/04/2013)

09/12/2013

53

STIPULATION of Dismissal ,with prejudice, as to Defendant,
Metropolitan Life Insurance Company by METROPOLITAN LIFE

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INSURANCE COMPANY. (SINGER, STEWART) (COPY
FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/13/2013
(uh, ). (Entered: 09/12/2013)
09/12/2013

54

STATUS REPORT re September 3, 2013, ORDER TO SHOW CAUSE by
MARIE SPILMON. (CHU, KIMBERLY) (Entered: 09/12/2013)

09/16/2013

55

ORDER THAT THE COURT SUGGESTS THAT THE ABOVECAPTIONED CASE SHOULD BE REMANDED TO THE USDC FOR
THE NORTHERN DISTRICT OF CALIFORNIA FOR RESOLUTION
OF ALL MATTERS PENDING WITHIN THIS CASE EXCEPT
PUNITIVE DAMAGES, ETC. SIGNED BY HONORABLE EDUARDO
C. ROBRENO ON 9/13/2013. 9/17/2013 ENTERED AND COPIES
MAILED AND E-MAILED.(sg) (Entered: 09/17/2013)

09/16/2013

56

STIPULATION AND ORDER THAT DEFENDANT METROPOLITAN
LIFE INSURANCE COMPANY IS HEREBY DISMISSED WITH
PREJUDICE. EACH PARTY IS TO BEAR ITS OWN FEES AND
COSTS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
9/13/2013. 9/17/2013 ENTERED AND COPIES MAILED, E-MAILED.
(kp, ) (Entered: 09/17/2013)

09/25/2013

57

STIPULATION re CONTENTS OF THE RECORD by MARIE SPILMON.
(DONADIO, DAVID) (Entered: 09/25/2013)

09/26/2013

58

Copy of Conditional Remand Order from the Judicial Panel on
Multidistrict Litigation that all claims in the actions on this order except the
severed damages claims be remanded to their respective transferor courts:
CA-N 3:08-231, 09-4605, 09-4842, 09-5649, 08-4490, 4:11-4475; ND-D
1:11-19. (See Paper # 8911 in 01-md-875). (tjd) (Entered: 09/26/2013)

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