Rogers v. Air & Liquid Systems Corporation et al

Filing 148

ORDER ADOPTING 143 REPORT AND RECOMMENDATIONS GRANTING 91 Motion for Summary Judgment; GRANTING 103 Motion for Summary Judgment; GRANTING 106 Motion for Summary Judgment. Signed by Judge Maryellen Noreika on 6/4/2019. (dlw) (Main Document 148 replaced on 6/4/2019) (dlw). Modified on 6/4/2019 (dlw).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ASBESTOS LITIGATION
RICHARD WAYNE ROGERS,
Plaintiff,
v.
AIR & LIQUID SYSTEMS
CORPORATION, et al.
Defendants.

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C.A. No. 17-1570 (MN) (SRF)

ORDER ADOPTING REPORT AND RECOMMENDATION
WHEREAS, on May 15, 2019, Magistrate Judge Fallon issued a Report and
Recommendation (“the Report”) (D.I. 143) in this action, recommending, inter alia, that the Court
grant the motion for summary judgment of Defendants Warren Pumps (D.I. 106), General Electric
Company (D.I. 91), and Air & Liquid Systems Corporation, as Successor by Merger to Buffalo
Pumps, Inc. (D.I. 103); and
WHEREAS, no party filed objections to the Report concerning the aforementioned
summary judgment motions 1 pursuant to 72(b)(2) of the Federal Rules of Civil Procedure in the
prescribed period, and the Court finding no clear error on the face of the record.
THEREFORE, IT IS HEREBY ORDERED this 4th day of June 2019 that the
Report and Recommendation is ADOPTED as to the Recommendation that the Court grant the

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The Report also recommended that the Court grant the summary judgment motions of
defendants Charles A. Wagner Company, Inc. (D.I. 101) and Asbestos Corporation
Limited (D.I. 93). Plaintiff, however, timely filed objections to the portions of the Report
regarding these defendants and, therefore, the Court will address those portions of the
Report once the objections are fully briefed and in due course.

summary judgment motions of Warren Pumps, General Electric Company and Air & Liquid
Systems Corporation, as Successor by Merger to Buffalo Pumps, Inc.
Defendant Warren Pumps’ Motion for Summary Judgment (D.I. 106) is
GRANTED.
Defendant General Electric Company’s Motion for Summary Judgment (D.I. 91) is
GRANTED.
Defendant Air & Liquid Systems Corporation, as Successor by Merger to Buffalo
Pumps, Inc.’s Motion for Summary Judgment (D.I. 103) is GRANTED.
The Clerk of Court is HEREBY DIRECTED to enter JUDGMENT in favor of
Defendants Warren Pumps, General Electric Company, and Air & Liquid Systems Corporation,
as Successor by Merger to Buffalo Pumps, Inc. and against Plaintiff Richard Wayne Rogers.

The Honorable Maryellen Noreika
United States District Court Judge

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