Denton v. Air & Liquid Systems Corporation et al

Filing 738

ORDER MOOTING #43 Motion for More Definite Statement; MOOTING #45 Motion for More Definite Statement; DENYING #62 Motion to Remand; TAKING UNDER ADVISEMENT #114 Motion to Dismiss; TAKING UNDER ADVISEMENT #180 Motion to Dismiss for Failure to State a Claim; MOOTING #349 Motion for More Definite Statement; TAKING UNDER ADVISEMENT #352 Motion; TAKING UNDER ADVISEMENT #368 Motion to Dismiss Case for Lack of Jurisdiction; TAKING UNDER ADVISEMENT #452 Motion ; MOOTING #498 Motion to Dismiss Case for Lack of Jurisdiction; MOOTING #522 Motion to Dismiss Case for Lack of Jurisdiction; TAKING UNDER ADVISEMENT #539 Motion to Dismiss; GRANTING #540 Motion for Extension of Time to File Response/Reply ; GRANTING #560 Motion for Extension of Time to File Response/Reply ; MOOTING #588 Motion to Dismiss for Failure to State a Claim; MOOTING #589 Motion to Dismiss for Failure to State a Claim; MOOTING #590 Motion to Dismiss for Failure to State a Claim; MOOTING #591 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Donald G. Wilkerson on 6/20/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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)
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Plaintiff,
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v.
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AIR & LIQUID SYSTEMS CORPORATION,)
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et al.,
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Defendants.
ROBERT FRAZIOR DENTON,

Case No. 3:13-cv-1243-DGW-SCW

ORDER
WILKERSON, Magistrate Judge:
On June 13, 2014, a hearing was held on the pending motions in this matter:
1.

Motions for More Definite Statement filed by Illinois Tool Works, Inc., Baltimore
Aircoil

Company,

Caterpillar,

Inc.,

Clow

Corporation,

Foseco,

Inc.,

Georgia-Pacific Corporation, Industrial Holdings Corporation, Ingersoll-Rand
Company, Kennedy Valve Company, a division of McWane, MW Custom Papers
LLC, Nalco Company, Trane US, Inc., Velan Valve Corporation, Wabco Holdings,
Inc., and Lear Siegler Diversified Holdings Corporation (Doc. 43, 45, 349).
2.

Motion to Remand filed by Plaintiff on December 20, 2013 (Doc. 62).

3.

Motions to Dismiss filed by Conoco Phillips Company, Sherwin Williams
Company, NRG Texas Power, LLC, Rohm and Haas, Mitsubishi Electric USA,
Inc., Chevron Corporation, Chevron USA, Inc., Gulf Oil Corporation, and Texaco,
Inc. (Docs. 114, 180, 368, 498, 522, 539).

4.

Motion to have all Counterclaims Deemed Filed and Answered Pursuant to

Page 1 of 3

F.R.C.P. 5(c)(1)(B), filed by Essex Specialty Products, LLC, Ethyl Corporation,
Graybar Electric Company Inc, Honeywell, Inc., The Dow Chemical Company,
and Union Carbide Corporation (Docs. 352, 452).
5.

Motions for Extension of Time filed by Chevron Corporation, Chevron USA, Inc.,
Gulf Oil Corporation, Texaco, Inc. and Vanderbilt Minerals LLC (Docs. 540 and
560).

6.

Motions to Dismiss for Failure to State a Claim as to Counts IX and X of Plaintiff's
Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by General Electric Company,
Chicago Bridge & Iron Company, Bird Incorporated, and Ajax Magnethermic
Corp. (Docs. 588, 589, 590, 591).

For the reasons set forth at the hearing and below, the following is hereby ORDERED:
1.

The Motions for More Definite Statement (Docs. 43, 45, 349) are MOOT.
Defendants represented at the hearing that these Motions are withdrawn in light of
Plaintiff’s representation that an amended pleading will be filed.

2.

The Motion to Remand (Doc. 62) is DENIED. A written Order on this Motion
shall be issued shortly.

3.

The Motions to Dismiss (Docs. 114, 180, 368, 539) are TAKEN UNDER
ADVISEMENT, a written Order on these motions shall be issued shortly. The
Motion to Dismiss filed by Rohm and Has Company (Doc.498) is withdrawn and
therefore found as MOOT. And, The Motion to Dismiss filed by Mitsubishi
Electric USA, Inc. (Doc. 522) is found as MOOT in light of the stipulation of

2

dismissal filed on June 12, 2014 (Doc. 652).1
4.

The Motion to have all Counterclaims Deemed Filed and Answered Pursuant to
F.R.C.P. 5(c)(1)(B) (Docs. 352, 452) are TAKEN UNDER ADVISEMENT
pending submission of the documents requested at the hearing.

5.

Motions for Extension of Time (Docs. 540 and 560) are GRANTED.

The

responsive pleadings filed by Chevron Corporation, Chevron USA, Inc. Gulf Oil
Corporation, Texaco, Inc. and Vanderbilt Minerals LLC are deemed timely filed.
6.

The Motions to Dismiss for Failure to State a Claim as to Counts IX and X (Doc.
588, 589, 590, 591) are found as MOOT in light of these motions being withdrawn
at the hearing.

IT IS SO ORDERED.
DATED: June 20, 2014

DONALD G. WILKERSON
United States Magistrate Judge

1

As noted in the Scheduling Order, the parties have until June 23, 2014 to object to any stipulation
of dismissal that has already been filed. To the extent that a party does object to a stipulation that
is relevant to the motions ruled on by this Order, the Court will reconsider the rulings upon motion
of a party.
3