3:13-CV-00464
08/14/2013
Disposed - Other Disposed
Bankruptcy - Other Bankruptcy
Graham Mullen
Ford Motor Company
Garrison Litigation Management, Ltd
The Anchor Packing Company
Volkswagen Group of America, Inc.
Everest Reinsurance Company
Garlock Sealing Technologies LLC
Legal Newsline
Belluck & Fox, LLP
Shein Law Center Ltd
Mark Iola, LLP
Mt. McKinley Insurance Company
Waters & Kraus
Resolute Management, Inc.
AIU Insurance Company
American Home Assurance Company
Birmingham Fire Insurance Company of Pennsylvania
Granite State Insurance Company
Lexington Insurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Honeywell International, Inc.
E. Duncan Getchell, Jr.
Attorney at McGuireWoods, LLP
One James Center, 901 East Cary Street
Richmond, VA 23219
Karen Elizabeth Sieg
Attorney at McGuireWoods, LLP
One James Center, 901 East Cary Street
Richmond, VA 23219
Kirk Gibson Warner
Attorney at Smith Anderson
2500 Wachovia Capitol Center, Post Office Box 2611
Raleigh, NC 27602-2611
Michael H. Brady
Attorney at McGuireWoods, LLP
One James Center, 901 East Cary Street
Richmond, VA 23219
Garland Stuart Cassada
Attorney at Robinson, Bradshaw & Hinson, P. A.
101 North Tryon Street, Suite 1900
Jonathan C. Krisko
Attorney at Robinson, Bradshaw & Hinson, P. A.
101 N. Tryon St., Ste. 1900
Charlotte, NC 28246
Richard Charles Worf, Jr.
Attorney at Robinson Bradshaw & Hinson, P.A.
101 N. Tryon St., Suite 1900
Charlotte, NC 28246
Alice Sacks Johnston
Attorney at Obermayer Rebmann Maxwell & Hippel LLP
Bny Mellon Center, Suite 5240, 500 Grant Street
Pittsburgh, PA 15219-2502
Teresa E. Lazzaroni
Attorney at Hawkins Parnell Thackston & Young LLP
303 Peachtree Street, N.E., Suite 4000
Atlanta, GA 30308-3243
Charles Brittain Walther
Attorney at Walker Wilcox Matousek LLP
711 Louisiana Street, Suite 3100
Houston, TX 77002-2711
Fred L. Alvarez
Attorney at Walker Wilcox Matousek, LLP
One North Franklin St., Suite 3200
Chicago, IL 60606
J. Samuel Gorham, III
Attorney at J. Samuel Gorham, III, Attorney
Post Office Box 3567
Hickory, NC 28603
Tony L. Draper
Attorney at Walker Wilcox Matousek, LLP
1001 Mckinney St., Suite 2000
Houston, TX 77002
D. Blaine Sanders
Attorney at Robinson, Bradshaw & Hinson, P. A.
101 N. Tryon St., Ste. 1900
Charlotte, NC 28246
Alan W. Duncan
Attorney at Mullins Duncan Harrell & Russell PLLC
300 North Greene Street, Suite 2000
Greensboro, NC 27401
Andrew May
Attorney at Neal, Gerber & Eisenberg LLP
Two North Lasalle Street, Suite 1700
Chicago, IL 60602
Stephen M. Russell, Jr.
Attorney at Van Laningham Duncan PLLC
300 N. Greene St., Suite 850
Greensboro, NC 27401
Steven Pflaum
Attorney at Neal, Gerber & Eisenberg LLP
Two North Lasalle Street, Suite 1700
Chicago, IL 60602
Charles Brittain Walther
Attorney at Walker Wilcox Matousek LLP
711 Louisiana Street, Suite 3100
Houston, TX 77002-2711
Fred L. Alvarez
Attorney at Walker Wilcox Matousek, LLP
One North Franklin St., Suite 3200
Chicago, IL 60606
J. Samuel Gorham, III
Attorney at J. Samuel Gorham, III, Attorney
Post Office Box 3567
Hickory, NC 28603
Tony L. Draper
Attorney at Walker Wilcox Matousek, LLP
1001 Mckinney St., Suite 2000
Houston, TX 77002
G. Martin Hunter
Attorney at Shuford Hunter, PLLC
301 S. Mcdowell Street, Suite 1012
Charlotte, NC 28204
G. Martin Hunter
Attorney at Shuford Hunter, PLLC
301 S. Mcdowell Street, Suite 1012
Charlotte, NC 28204
(#91) ORDER OF RECUSAL.. Signed by District Judge Max O. Cogburn, Jr on 10/22/14. (tob) (Entered: 10/22/2014)
(#90) MEMORANDUM OF DECISION AND ORDER - as to cases forming "Group I" (as listed in this order)(1) the Group I appeals seeking reversal of the bankruptcy court's sealing and exclusion Orders are GRANTED for the reasons discussed herein. To the extent such appeals seek relief beyond such determination, the appeals are otherwise DENIED; (2)the Group I motions seeking to withdraw the reference are denied as MOOT as the impediment which as prevented relief below has been removed; (3) all of the orders of the bankruptcy court appealed from sealing evidence, hearings, transcripts, or filings, or excluding the press or the public from the hearing are REVERSED; such Order and the motions underlying them are REMANDED for further consideration in light of this decision; subject matter jurisdiction over the proceeding appealed from is RESTORED to bankruptcy court. If any party moves upon remand to seal, the bankruptcy court is INSTRUCTED to determine in the first instance the source of the right of access with respect to each document or the testimony of any witness any party proposes or has proposed to be sealed, give the public notice of any such request to seal and a reasonable opportunity to challenge it; (4) All other motions pending in Group I are denied without prejudice as a matter of housekeeping; (5) all Group I cases are SEVERED from this consolidated action and upon administrative reopening are DISMISSED. As to "Group II" (as listed is this order), (1) the Motions to Withdraw the Reference in each of the cases listed in this order are ALLOWED, and the REFERENCE of such cases to the bankruptcy court is WITHDRAWN; (2) the Clerk of Court is instructed to randomly draw one U.S. Magistrate Judge in the Charlotte Division and refer each Group II case to that judge for complete pretrial management in accordance with the court's Order of Reference. (3)all Group II cases are Served from this consolidated action and from each other and shall proceed under the civil district court case numbers previously assigned to them.. Signed by District Judge Max O. Cogburn, Jr on 7/23/2014. (chh) Modified on 7/25/2014 to add text: Denying as Moot motions #16 #18 #25 #29 #30 #31 #32 #33 #34 #36 #37 #38 #39 #41 #43 #45 ; Granting motions Nunc Pro Tunc #27 #35 #40 #42 #44 #46 ; Granting motions #62 #63 #72 #80 . (Entered: 07/23/2014)
(#90) MEMORANDUM OF DECISION AND ORDER - as to cases forming "Group I" (as listed in this order)(1) the Group I appeals seeking reversal of the bankruptcy court's sealing and exclusion Orders are GRANTED for the reasons discussed herein. To the extent such appeals seek relief beyond such determination, the appeals are otherwise DENIED; (2)the Group I motions seeking to withdraw the reference are denied as MOOT as the impediment which as prevented relief below has been removed; (3) all of the orders of the bankruptcy court appealed from sealing evidence, hearings, transcripts, or filings, or excluding the press or the public from the hearing are REVERSED; such Order and the motions underlying them are REMANDED for further consideration in light of this decision; subject matter jurisdiction over the proceeding appealed from is RESTORED to bankruptcy court. If any party moves upon remand to seal, the bankruptcy court is INSTRUCTED to determine in the first instance the source of the right of access with respect to each document or the testimony of any witness any party proposes or has proposed to be sealed, give the public notice of any such request to seal and a reasonable opportunity to challenge it; (4) All other motions pending in Group I are denied without prejudice as a matter of housekeeping; (5) all Group I cases are SEVERED from this consolidated action and upon administrative reopening are DISMISSED. As to "Group II" (as listed is this order), (1) the Motions to Withdraw the Reference in each of the cases listed in this order are ALLOWED, and the REFERENCE of such cases to the bankruptcy court is WITHDRAWN; (2) the Clerk of Court is instructed to randomly draw one U.S. Magistrate Judge in the Charlotte Division and refer each Group II case to that judge for complete pretrial management in accordance with the court's Order of Reference. (3)all Group II cases are Served from this consolidated action and from each other and shall proceed under the civil district court case numbers previously assigned to them.. Signed by District Judge Max O. Cogburn, Jr on 7/23/2014. (chh) Modified on 7/25/2014 to add text: Denying as Moot motions #16 #18 #25 #29 #30 #31 #32 #33 #34 #36 #37 #38 #39 #41 #43 #45 ; Granting motions Nunc Pro Tunc #27 #35 #40 #42 #44 #46 ; Granting motions #62 #63 #72 #80 . (Entered: 07/23/2014)
Memorandum in Support
Main Document
(#61) RESPONSE in Support re #25 MOTION to Intervene Coltect Industries Inc.'s Reply in Support of Its Motion to Intervene by Coltec Industries, Inc.. (Nebrig, Mark) (Entered: 07/03/2014)
Memorandum in Support
Main Document
(#90) MEMORANDUM OF DECISION AND ORDER - as to cases forming "Group I" (as listed in this order)(1) the Group I appeals seeking reversal of the bankruptcy court's sealing and exclusion Orders are GRANTED for the reasons discussed herein. To the extent such appeals seek relief beyond such determination, the appeals are otherwise DENIED; (2)the Group I motions seeking to withdraw the reference are denied as MOOT as the impediment which as prevented relief below has been removed; (3) all of the orders of the bankruptcy court appealed from sealing evidence, hearings, transcripts, or filings, or excluding the press or the public from the hearing are REVERSED; such Order and the motions underlying them are REMANDED for further consideration in light of this decision; subject matter jurisdiction over the proceeding appealed from is RESTORED to bankruptcy court. If any party moves upon remand to seal, the bankruptcy court is INSTRUCTED to determine in the first instance the source of the right of access with respect to each document or the testimony of any witness any party proposes or has proposed to be sealed, give the public notice of any such request to seal and a reasonable opportunity to challenge it; (4) All other motions pending in Group I are denied without prejudice as a matter of housekeeping; (5) all Group I cases are SEVERED from this consolidated action and upon administrative reopening are DISMISSED. As to "Group II" (as listed is this order), (1) the Motions to Withdraw the Reference in each of the cases listed in this order are ALLOWED, and the REFERENCE of such cases to the bankruptcy court is WITHDRAWN; (2) the Clerk of Court is instructed to randomly draw one U.S. Magistrate Judge in the Charlotte Division and refer each Group II case to that judge for complete pretrial management in accordance with the court's Order of Reference. (3)all Group II cases are Served from this consolidated action and from each other and shall proceed under the civil district court case numbers previously assigned to them.. Signed by District Judge Max O. Cogburn, Jr on 7/23/2014. (chh) Modified on 7/25/2014 to add text: Denying as Moot motions #16 #18 #25 #29 #30 #31 #32 #33 #34 #36 #37 #38 #39 #41 #43 #45 ; Granting motions Nunc Pro Tunc #27 #35 #40 #42 #44 #46 ; Granting motions #62 #63 #72 #80 . (Entered: 07/23/2014)
Main Document
(#5) NOTICE of Appearance by Andrew Thomas Houston on behalf of Official Committee of Asbestos Personal Injury Claimants (Houston, Andrew) (Entered: 09/18/2013)
(#4) NOTICE of Appearance by Richard Steele Wright on behalf of Official Committee of Asbestos Personal Injury Claimants (Wright, Richard) (Entered: 09/18/2013)
(#3) NOTICE of Appearance by Travis Waterbury Moon on behalf of Official Committee of Asbestos Personal Injury Claimants (Moon, Travis) (Entered: 09/18/2013)
Appellee Designation J
Appellee Designation
Main Document
Order re: Appeal
Main Document
DocketCase reassigned to Senior Judge Graham Mullen. District Judge Max O. Cogburn, Jr. no longer assigned to the case. This is your only notice - you will not receive a separate document.(jde) (Entered: 10/24/2014)
[-] Read LessDocket(#91) ORDER OF RECUSAL.. Signed by District Judge Max O. Cogburn, Jr on 10/22/14. (tob) (Entered: 10/22/2014)
[-] Read LessDocket(#90) MEMORANDUM OF DECISION AND ORDER - as to cases forming "Group I" (as listed in this order)(1) the Group I appeals seeking reversal of the bankruptcy court's sealing and exclusion Orders are GRANTED for the reasons discussed herein. To the extent such appeals seek relief beyond such determination, the appeals are otherwise DENIED; (2)the Group I motions seeking to withdraw the reference are denied as MOOT as the impediment which as prevented relief below has been removed; (3) all of the orders of the bankruptcy court appealed from sealing evidence, hearings, transcripts, or filings, or excluding the press or the public from the hearing are REVERSED; such Order and the motions underlying them are REMANDED for further consideration in light of this decision; subject matter jurisdiction over the proceeding appealed from is RESTORED to bankruptcy court. If any party moves upon remand to seal, the bankruptcy court is INSTRUCTED to determine in the first instance the source of the right of access with respect to each document or the testimony of any witness any party proposes or has proposed to be sealed, give the public notice of any such request to seal and a reasonable opportunity to challenge it; (4) All other motions pending in Group I are denied without prejudice as a matter of housekeeping; (5) all Group I cases are SEVERED from this consolidated action and upon administrative reopening are DISMISSED. As to "Group II" (as listed is this order), (1) the Motions to Withdraw the Reference in each of the cases listed in this order are ALLOWED, and the REFERENCE of such cases to the bankruptcy court is WITHDRAWN; (2) the Clerk of Court is instructed to randomly draw one U.S. Magistrate Judge in the Charlotte Division and refer each Group II case to that judge for complete pretrial management in accordance with the court's Order of Reference. (3)all Group II cases are Served from this consolidated action and from each other and shall proceed under the civil district court case numbers previously assigned to them.. Signed by District Judge Max O. Cogburn, Jr on 7/23/2014. (chh) Modified on 7/25/2014 to add text: Denying as Moot motions #16 #18 #25 #29 #30 #31 #32 #33 #34 #36 #37 #38 #39 #41 #43 #45 ; Granting motions Nunc Pro Tunc #27 #35 #40 #42 #44 #46 ; Granting motions #62 #63 #72 #80 . (Entered: 07/23/2014)
[-] Read LessDocket(#89) TRANSCRIPT of Motions Hearing held on July 15, 2014 before Judge Max O. Cogburn, Jr.. Court Reporter Tracy Dunlap, telephone number 828.771.7217. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 10/17/2014. (Reporter: Tracy Dunlap, 828-771-7217) (Entered: 07/17/2014)
[-] Read LessDocket(#88) TRANSCRIPT of Motions Hearing held on July 15, 2014 before Judge Max O. Cogburn, Jr.. Court Reporter Tracy Dunlap, telephone number 828.771.7217. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 10/17/2014. (Reporter: Tracy Dunlap, 828-771-7217) (Entered: 07/17/2014)
[-] Read LessDocketMinute Entry: Motions hearing held before District Judge Max O. Cogburn, Jr. Counsel for parties (announced in court)Garland Cassada, Blaine Sanders, Sara Higgins, Kevin Maclay, Trevor Swett, Elizabeth Sieg, James Sottile, Michael Magner, Daniel Brier, Vineet Bhatia, Richard Worf. Court reporter: Tracy Dunlap. Order to issue. (chh) (Entered: 07/16/2014)
[-] Read LessDocket(#79) RESPONSE in Support re 1 MOTION to Withdraw Reference, 23 MOTION for Leave to File Response to Garlock's Sur-reply by Joseph W. Belluck, Belluck & Fox, LLP, Jordan Fox. (Attachments: # 1 Exhibit 1 (Transcript))(Higgins, Sara) (Entered: 06/03/2014). Filed as document #24 in 3:14cv118 (chh) (Entered: 07/11/2014)
[-] Read LessDocket(#61) RESPONSE in Support re #25 MOTION to Intervene Coltect Industries Inc.'s Reply in Support of Its Motion to Intervene by Coltec Industries, Inc.. (Nebrig, Mark) (Entered: 07/03/2014)
[-] Read LessDocket(#60) Notice of Withdrawal as Counsel by Garlock Sealing Technologies LLC. (Bledsoe, Louis) Modified on 7/7/2014 (jde). (Entered: 07/03/2014)
[-] Read LessDocket(#59) ORDER Consolidating Cases. All further pleadings to be docketed to: 3:13cv464. Member Case: 3:14cv116,3:14cv118,3:14cv130 to be administratively closed. Signed by District Judge Max O. Cogburn, Jr on 7/1/2014. (eef) (Entered: 07/02/2014)
[-] Read LessDocket(#7) NOTICE of Appearance by Alan W. Duncan on behalf of Legal Newsline (Duncan, Alan) (Entered: 09/23/2013)
[-] Read LessDocket(#6) Joint MOTION for Extension of Time to File Respective Briefs by Official Committee of Asbestos Personal Injury Claimants.Responses due by 10/7/2013 (Attachments: #1 Proposed Order)(Moon, Travis) (Entered: 09/19/2013)
[-] Read LessDocket(#5) NOTICE of Appearance by Andrew Thomas Houston on behalf of Official Committee of Asbestos Personal Injury Claimants (Houston, Andrew) (Entered: 09/18/2013)
[-] Read LessDocket(#4) NOTICE of Appearance by Richard Steele Wright on behalf of Official Committee of Asbestos Personal Injury Claimants (Wright, Richard) (Entered: 09/18/2013)
[-] Read LessDocket(#3) NOTICE of Appearance by Travis Waterbury Moon on behalf of Official Committee of Asbestos Personal Injury Claimants (Moon, Travis) (Entered: 09/18/2013)
[-] Read LessDocketCase reassigned to District Judge Max O. Cogburn, Jr. Chief Judge Frank D. Whitney no longer assigned to the case. This is your only notice - you will not receive a separate document.(blf) (Entered: 09/11/2013)
[-] Read LessDocketTEXT ONLY Bankruptcy Scheduling Order. Briefs are requested to be filed within 14 days from the date of this notice by the Appellant. The Appellee will then have 14 days within which to respond to Appellants brief. This is pursuant to Rule 8009(a) as of the Federal Rules of Bankruptcy Procedure. Any extensions of time will be granted only upon a showing of good cause. Appellant Brief due by 9/30/2013. (blf) (Entered: 09/11/2013)
[-] Read LessDocket(#2) Bankruptcy Appeal Record Certificate of Readiness -designations of parties submitted herewith - documents to be accessed through BK ECF system (Attachments: #1 Appellee Designation, #2 Appellee Designation J)(bkCH) (Entered: 09/10/2013)
[-] Read LessDocketCase assigned to Chief Judge Frank D. Whitney. (blf) (Entered: 08/14/2013)
[-] Read LessDocket(#1) Notice of Appeal from Bankruptcy Court case number 10-31607, filed by Legal Newsline. (Attachments: #1 Order re: Appeal) (bkCH) (Entered: 08/14/2013)
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