Nord v. CBS Corporation et al

Filing 10

MDL ORDER REMANDING CASE to Northern District of California. ***CASE RE-OPENED. Signed by the MDL Panel on 4/3/13. (Attachments: # 1 Docket Sheet Eastern District of PA)(vlk, COURT STAFF) (Filed on 4/3/2013)

United States District Court Eastern District of Pennsylvania

CM/ECF
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ASBESTOS,CA-N,MDL-875

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:12-cv-60022-ER
Internal Use Only
NORD v. CBS CORPORATION et al
Assigned to: HONORABLE EDUARDO C.
ROBRENO
Case in other court: CA-N, 11-06708
Cause: 28:1332 Diversity-Asbestos Litigation
Plaintiff
DAVID NORD

Date Filed: 01/20/2012
Jury Demand: Defendant
Nature of Suit: 368 P.I. :
Asbestos
Jurisdiction: Diversity

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:

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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United States District Court Eastern District of Pennsylvania

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[e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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
V.
Defendant
CBS CORPORATION
formerly known as
VIACOM INC.
formerly known as
WESTINGHOUSE
ELECTRIC CORPORATION

Defendant
FOSTER WHEELER LLC
TERMINATED: 02/28/2013
formerly known as
FOSTER WHEELER
CORPORATION

Defendant
METROPOLITAN LIFE
INSURANCE COMPANY

represented by KEVIN DOUGLAS JAMISON
POND NORTH LLP
350 SOUTH GRAND AVE
#3300
LOS ANGELES, CA 90071
213-617-6170
Email:
[e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
represented by SHELLEY K. TINKOFF
BRYDON HUGO & PARKER
135 MAIN ST 20TH FL
SAN FRANCISCO, CA 94105
415-808-0300
Email: [e-mail]
TERMINATED: 02/28/2013
represented by SHEHZAD HASAN
STEPTOE & JOHNSON LLP
750 SEVENTH AVE
NEW YORK, NY 10019
212-506-3900
Email: [e-mail]

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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ATTORNEY TO BE NOTICED
Defendant
PARKER HANNIFIN
CORPORATION
TERMINATED: 09/06/2012

Defendant
CROWN CORK & SEAL
COMPANY, INC.
TERMINATED: 12/18/2012

represented by JOSEPH BLAISE ADAMS
BASSI EDLIN HUIE & BLUM
LLP
351 CALIFORNIA STREET
SUITE 200
SAN FRANCISCO, CA 94104
415-397-9006
Email: [e-mail]
TERMINATED: 09/06/2012
represented by AMBER R. CRAIG
ARMSTRONG & ASSOCIATES
LLP
ONE KAISER PLAZA SUITE
625
OAKLAND, CA 94612
510-433-1830
Email:
[e-mail]
TERMINATED: 12/18/2012

Defendant
HOPEMAN BROTHERS,
INC.
Defendant
GENERAL ELECTRIC
COMPANY

represented by 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
INGERSOLL-RAND

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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COMPANY
TERMINATED: 04/10/2012
Date Filed

#

Docket Text

01/20/2012

view3 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. (ch, ) (Entered:
01/23/2012)

01/20/2012

view4 NOTICE TO COUNSEL (ch, ) (Entered:
01/23/2012)

01/20/2012

view5 DOCKET ENTRIES FILED IN NORTHERN
DISTRICT OF CALIFORNIA (ch, ) (Entered:
01/23/2012)

01/20/2012

view6 TRANSFER ORDER NO. 1155 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. (ch, )
(Entered: 01/23/2012)

01/24/2012

view7 ANSWER to Complaint with Certificate of Service
by METROPOLITAN LIFE INSURANCE
COMPANY.(HASAN, SHEHZAD) (Entered:
01/24/2012)

01/24/2012

view8 Disclosure Statement Form pursuant to FRCP 7.1
including MetLife, Inc. with Certificate of Service
by METROPOLITAN LIFE INSURANCE
COMPANY.(HASAN, SHEHZAD) (Entered:
01/24/2012)

01/30/2012

view9 ANSWER to Complaint for Personal
Injury/Products Liability-Asbestos by GENERAL
ELECTRIC COMPANY.(JOHNSON, DEREK)

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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(Entered: 01/30/2012)
01/30/2012

view10 ANSWER to Complaint and Demand for Jury Trial
by CBS CORPORATION.(JAMISON, KEVIN)
(Entered: 01/30/2012)

01/30/2012

view11 Disclosure Statement Form pursuant to FRCP 7.1
with Certificate of Service by CBS
CORPORATION.(JAMISON, KEVIN) (Entered:
01/30/2012)

01/30/2012

view12 CROWN CORK & SEAL COMAPNY, INC.'S
ANSWER to Complaint and CERTIFICATE OF
SERVICE by CROWN CORK & SEAL
COMPANY, INC..(CRAIG, AMBER) (Entered:
01/30/2012)

01/30/2012

view13 Disclosure Statement Form pursuant to FRCP 7.1
with Certificate of Service by CROWN CORK &
SEAL COMPANY, INC..(CRAIG, AMBER)
(Entered: 01/30/2012)

02/06/2012

view14 ORDER THAT IN THE CASES LISTED IN
EXHIBIT "A", ATTACHED, A STATUS AND
SCHEDULING CONFERENCE WILL BE HELD
ON TUESDAY, 2/14/2012 AT 2:00 P.M., IN
COURTROOM 15A, ETC. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
2/3/2012; 2/7/2012 ENTERED AND COPIES
MAILED, E-MAILED (kk, ) (Entered: 02/07/2012)

02/08/2012

view15 Statement OF CASE STATUS AS TO PLAINTIFF
DAVID NORD (ADMINISTRATIVE ORDER NO.
12) by DAVID NORD. (CHU, KIMBERLY)
(Entered: 02/08/2012)

02/09/2012

view16 ANSWER to Complaint by FOSTER WHEELER
LLC.(TINKOFF, SHELLEY) (Entered: 02/09/2012)

02/09/2012

view17 Disclosure Statement Form pursuant to FRCP 7.1
with Certificate of Service by FOSTER WHEELER
LLC.(TINKOFF, SHELLEY) (Entered: 02/09/2012)

02/13/2012

view18 STATUS REPORT for February 14, 2012, Initial
Status and Scheduling Conference by DAVID
NORD. (CHU, KIMBERLY) (Entered: 02/13/2012)

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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02/16/2012

view19 ORDERED THAT SCHEDULING DEADLINES
ARE SET AS OUTLINED IN THIS ORDER, ETC..
SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 2/15/2012. 2/17/2012 ENTERED
AND COPIES MAILED, E-MAILED.(kk, )
(Entered: 02/17/2012)

02/24/2012

view20 Disclosure with Certificate of Service by FOSTER
WHEELER LLC.(TINKOFF, SHELLEY) (Entered:
02/24/2012)

02/28/2012

view21 Disclosure with Certificate of Service by CBS
CORPORATION.(JAMISON, KEVIN) (Entered:
02/28/2012)

03/06/2012

view22 Defendant Parker Hannifin Corporation's
ANSWER to Complaint for Personal
Injury/Product Liability by PARKER HANNIFIN
CORPORATION.(ADAMS, JOSEPH) (Entered:
03/06/2012)

04/05/2012

view23 NOTICE of Voluntary Dismissal by All Plaintiffs As
To INGERSOLL-RAND COMPANY, ONLY,
WITHOUT PREJUDICE. EACH PARTY TO BEAR
ITS OWN FEES AND COSTS.(DONADIO,
DAVID) (Entered: 04/05/2012)

04/10/2012

view24 STIPULATION AND ORDER THAT THE
DEFENDANT INGERSOLL-RAND COMPANY IS
DISMISSED FROM THIS ACTION WITHOUT
PREJUDICE. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 4/9/2012.
4/11/2012 ENTERED AND COPIES MAILED, EMAILED(kk, ) (Entered: 04/11/2012)

05/22/2012

view25 AFFIDAVIT of Service by MANDY PODESTA re:
served Summons, the Complaint with attached
Exhibit, Notice of Tag Along, Certificate of
Interested persons, Declination re Magistate, and
the initial order of the court, and other papers from
the clerk of the court for service upon defendants
CROWN CORK & SEAL COMPANY INC upon B.
MCVAUGH by PERSONAL SERVICE VIA
CERTIFIED MAIL on 1/10/2012 (DONADIO,
DAVID) (Entered: 05/22/2012)

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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05/22/2012

view26 AFFIDAVIT of Service by MANDY PODESTA re:
served Summons, the Complaint with attached
Exhibit, Notice of Tag Along, Certificate of
Interested persons, Declination re Magistate, and
the initial order of the court, and other papers from
the clerk of the court for service upon defendants
HOPEMAN BROTHERS, INC. upon LYNNETTE
BIRD by PERSON SERVICE BY CERTIFIED
MAIL on 01/09/2012 (DONADIO, DAVID)
(Entered: 05/22/2012)

05/22/2012

view27 AFFIDAVIT of Service by MANDY PODESTA re:
served Summons, the Complaint with attached
Exhibit, Notice of Tag Along, Certificate of
Interested persons, Declination re Magistate, and
the initial order of the court, and other papers from
the clerk of the court for service upon defendants
METROPOLITAN LIFE INSURANCE upon F.
GREEN by PERSONAL SERVICE BY
CERTIFIED MAILING on 01/11/2012 (DONADIO,
DAVID) (Entered: 05/22/2012)

05/22/2012

view28 AFFIDAVIT of Service by MQANDY PODESTA
re: served Summons, the Complaint with attached
Exhibit, Notice of Tag Along, Certificate of
Interested persons, Declination re Magistate, and
the initial order of the court, and other papers from
the clerk of the court for service upon defendants
PARKER - HANNIFIN upon ILLETA E TUCKER
by PERSONAL SERVICE VIA CERTIFIED
MAILING on 01/09/2012 (DONADIO, DAVID)
(Entered: 05/22/2012)

05/22/2012

view29 AFFIDAVIT of Service by RAFFAELLA TOZZI re:
served Summons, the Complaint with attached
Exhibit, Notice of Tag Along, Certificate of
Interested persons, Declination re Magistate, and
the initial order of the court, and other papers from
the clerk of the court for service upon defendants
FOSTER WHEELER LLC (FKA FOSTER
WHEELER CORPORATION) upon ELAINE
MCINTOSH by PERSONAL SERVICE on
01/18/2012 (DONADIO, DAVID) (Entered:
05/22/2012)

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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05/22/2012

view30 AFFIDAVIT of Service by MANDY PODESTA re:
served Summons, the Complaint with attached
Exhibit, Notice of Tag Along, Certificate of
Interested persons, Declination re Magistate, and
the initial order of the court, and other papers from
the clerk of the court for service upon defendants
CBS CORPORATION, (fka VIACOM fka
WESTINGHOUSE ELECTRIC CORPORATION)
upon M. CHECRILLA by PERSONAL SERVICE
VIA CERTIFIED MAILING on 01/09/2012
(DONADIO, DAVID) (Entered: 05/22/2012)

08/16/2012

view31 ORDER THAT A FINAL PRE-REMAND
HEARING, INCLUDING ORAL ARGUMENT ON
ALL OPPOSED SUMMARY JUDGMENT
MOTIONS, WILL BE HELD ON 11/26/2012 AT
10:00 AM IN COURTROOM 15-A, JAMES A.
BYRNE UNITED STATES COURTHOUSE, 601
MARKET STREET, PHILADELPHIA, PA 19106,
ETC. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 8/16/2012. 8/17/2012 ENTERED
AND COPIES MAILED, E-MAILED.(kk, )
(Entered: 08/17/2012)

09/04/2012

view32 REQUEST for Dismissal filed by PARKER
HANNIFIN CORPORATION.(ADAMS, JOSEPH)
Modified on 9/5/2012 (md). (Entered: 09/04/2012)

09/04/2012

LOCK

view (Court only) ***Motions terminated: 32 MOTION to
Dismiss filed by PARKER HANNIFIN
CORPORATION. (md) (Entered: 09/05/2012)

09/06/2012

view33 STIPULATION AND ORDER THAT THE
DEFENDANT PARKER HANNIFIN
CORPORATION IS DISMISSED WITH
PREJUDICE AND WITH EACH PARTY TO BEAR
THEIR OWN COSTS AND FEES. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
9/5/2012. 9/7/2012 ENTERED AND COPIES
MAILED, E-MAILED.(kk, ) (Entered: 09/07/2012)

11/21/2012

view34 STATUS REPORT RE FINAL PRE-REMAND
CONFERENCE ON NOVEMBER 26, 2012 by
DAVID NORD. (CHU, KIMBERLY) (Entered:
11/21/2012)

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

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12/13/2012

view35 NOTICE of Voluntary Dismissal by All Plaintiffs As
To CROWN CORK & SEAL COMPANY, INC.,
ONLY, WITH PREJUDICE. EACH PARTY TO
BEAR ITS OWN FEES AND COSTS.(DONADIO,
DAVID) (Entered: 12/13/2012)

12/18/2012

view36 STIPULATION AND ORDER THAT
DEFENDANT, CROWN CORK & SEAL
COMPANY, INC., IS DISMISSED FROM THIS
ACTION WITH PREJUDICE WITH EACH PARTY
TO BEAR ITS OWN FEES AND COSTS.
SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 12/17/2012. 12/18/2012
ENTERED AND COPIES MAILED AND EMAILED. (ems) (Entered: 12/18/2012)

02/25/2013

view37 NOTICE of Voluntary Dismissal by All Plaintiffs As
To FOSTER WHEELER LLC FKA FOSTER
WHEELER CORPORATION, ONLY, WITH
PREJUDICE. EACH PARTY TO BEAR ITS OWN
FEES AND COSTS.(DONADIO, DAVID) (COPY
FORWARDED TO JUDGE FOR APPROVAL)
Modified on 2/26/2013 (uh, ). (Entered:
02/25/2013)

02/26/2013

view38 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. A WRITTEN REPORT
FOR EACH CASE MUST BE EMAILED TO THE
MDL 875 CLERK AT
[e-mail],
AND FILED ON THE DOCKET, NO LATER
THAN 3/13/13.. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 2/26/13. 2/27/13
ENTERED AND COPIES MAILED, E-MAILED.
(dp, ) (Entered: 02/27/2013)

02/27/2013

view39 ORDER THAT THE PARTIES REQUEST THIS
COURT DISMISS DEFENDANT FOSTER
WHEELER F/K/A FOSTER WHEELER
CORPORATION FROM THIS ACTION WITH
PREJUDICE. EACH PARTY TO BEAR ITS OWN

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FEES AND COSTS.. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 2/27/13. 2/28/13
ENTERED AND COPIES MAILED, E-MAILED.
(dp, ) (Entered: 02/28/2013)
03/13/2013

view40 STATUS REPORT re ORDER TO SHOW CAUSE
DATED FEBRUARY 26, 2013 by DAVID NORD.
(CHU, KIMBERLY) (Entered: 03/13/2013)

03/25/2013

view41 ORDER THAT THE COURT SUGGEST THAT
THE ABOVE-CAPTIONED CASE SHOULD BE
REMANDED TO THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA FOR RESOLUTION
OF ALL MATTERS PENDING WITHIN THIS
CASE EXCEPT PUNITIVE DAMAGES. SIGNED
BY HONORABLE EDUARDO C. ROBRENO ON
3/25/2013. 3/25/2013 ENTERED AND COPIES
MAILED, E-MAILED.(kk, ) (Entered: 03/26/2013)

04/03/2013

view42 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 3:11-6380;
4:11-6708. (See Paper # 8833 in 01-md-875). (tjd)
(Entered: 04/03/2013)

04/03/2013

view Certified Copy Conditonal Remand Order along
with a copy of the docket e-mailed to the Northern
District of California. (tjd) (Entered: 04/03/2013)

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\12‐60022.htm

4/3/2013