3:23-CV-01315
04/21/2023
Pending - Other Pending
Personal Injury - Asbestos Product Liability
Staci M. Yandle
Raymond A. Hoff
Nancy B. Hoff
CNA Holdings, LLC
Cooper Industries, LLC
DCO, LLC
Goodrich Corporation
AVCO Corporation
BASF Corporation
Boeing Company
Celanese Corporation
Crane ChemPharma & Energy Corp.
Crane Co.
Dexter Hysol Aerospace LLC
Eaton Aeroquip, LLC
Crown, Cork & Seal Company, Inc.
Curtiss-Wright Corporation
General Dynamics Corporation
General Electric Company
Raymond A. Hoff
Nancy B. Hoff
DCO, LLC
Goodrich Corporation
Zachary N. Patterson
John Louis Steffan, IV
Amy Marie Callaghan
Gary C. Pinter
Nathan M. Henderson
Robert J. Jellen
Robert William Stephens
Eric D. Rosser
Kyler H. Stevens
Jeffrey T. Bash
Matthew W. Schuh
Brent Eisenberg
Steven Thomas Walsh
Julie Fix Meyer
Zachary N. Patterson
John Louis Steffan, IV
Nathan A. Lindsey
Elizabeth Gloria Kurowski
Mark Tivin
Anthony Danhelka
Bradley Wanner
Kevin J. Newton
(#143) ANSWER to #115 Answer to Complaint,,,,,,,,, Crossclaim,,,,,,,,, Counterclaim,,,,,,,, , CROSSCLAIM against All Defendants by Raytheon Technologies Corporation.(Lindsey, Nathan) (Entered: 06/13/2023)
(#141) MOTION for Extension of Time to File Response/Reply to Motion to Dismiss at Dkt. #96 by All Plaintiffs. (Steffan, John) (Entered: 06/12/2023)
(#139) CJRA TRACK C assigned: Final Pretrial Conference set for 10/24/2024 at 9:30 AM via video conference and Jury Trial set for 11/4/2024 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle.(slh) (Entered: 06/06/2023)
(#138) ORDER REFERRING CASE TO MEDIATION. Signed by Judge Staci M. Yandle on 6/6/2023. (slh) (Entered: 06/06/2023)
(#143) ANSWER to #115 Answer to Complaint,,,,,,,,, Crossclaim,,,,,,,,, Counterclaim,,,,,,,, , CROSSCLAIM against All Defendants by Raytheon Technologies Corporation.(Lindsey, Nathan) (Entered: 06/13/2023)
Exhibit Exhibit A
(#141) MOTION for Extension of Time to File Response/Reply to Motion to Dismiss at Dkt. #96 by All Plaintiffs. (Steffan, John) (Entered: 06/12/2023)
(#137) ORDER: Plaintiffs move to dismiss Defendants Crown, Cork & Seal Co., Inc., Curtiss-Wright Corporation, General Dynamics Corporation, General Electric Co., IMO Industries, Inc., and Textron Aviation Inc. (Doc. #125 ). Plaintiffs and Defendant Paramount Global also stipulate to dismissal (Doc. #94 ). A plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an entire action (rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). While the Court acknowledges the plain reading of the rule, it finds that dismissing these Defendants pursuant to Rule 41(a)(2) is appropriate in this case. See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230, 1233 (7th Cir. 1983). Accordingly, the Court GRANTS the Motion. Plaintiffs' claims against Defendants Crown, Cork & Seal Co., Inc., Curtiss-Wright Corporation, General Dynamics Corporation, General Electric Co., IMO Industries, Inc., and Textron Aviation Inc. are DISMISSED without prejudice. Plaintiffs' claims against Defendant Paramount Global are also DISMISSED without prejudice. The pending motions to dismiss filed by these Defendants (Docs. #22 , #30 and #109 ) are TERMINATED as MOOT. The Clerk of Court is DIRECTED to TERMINATE these Defendants from the docket. The Clerk of Court is also DIRECTED to TERMINATE Defendant Solvay USA, Inc. pursuant to the Order at Doc. 129. Signed by Judge Staci M. Yandle on 6/5/2023. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/05/2023)
(#137) ORDER: Plaintiffs move to dismiss Defendants Crown, Cork & Seal Co., Inc., Curtiss-Wright Corporation, General Dynamics Corporation, General Electric Co., IMO Industries, Inc., and Textron Aviation Inc. (Doc. #125 ). Plaintiffs and Defendant Paramount Global also stipulate to dismissal (Doc. #94 ). A plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an entire action (rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). While the Court acknowledges the plain reading of the rule, it finds that dismissing these Defendants pursuant to Rule 41(a)(2) is appropriate in this case. See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230, 1233 (7th Cir. 1983). Accordingly, the Court GRANTS the Motion. Plaintiffs' claims against Defendants Crown, Cork & Seal Co., Inc., Curtiss-Wright Corporation, General Dynamics Corporation, General Electric Co., IMO Industries, Inc., and Textron Aviation Inc. are DISMISSED without prejudice. Plaintiffs' claims against Defendant Paramount Global are also DISMISSED without prejudice. The pending motions to dismiss filed by these Defendants (Docs. #22 , #30 and #109 ) are TERMINATED as MOOT. The Clerk of Court is DIRECTED to TERMINATE these Defendants from the docket. The Clerk of Court is also DIRECTED to TERMINATE Defendant Solvay USA, Inc. pursuant to the Order at Doc. 129. Signed by Judge Staci M. Yandle on 6/5/2023. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/05/2023)
(#8) NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Notice of Initial Magistrate Assignment. Document entered in error.(aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/24/2023)
(#3) Letter to Attorney Zachary Patterson regarding admission to SDIL. (aza) (Entered: 04/21/2023)
(#2) NOTICE of Appearance by Nathan A. Lindsey on behalf of RAYTHEON TECHNOLOGIES CORPORATION, f/k/a United Technologies Corporation, Individually and as successor-in-interest to Pratt & Whitney (Lindsey, Nathan) (Entered: 04/21/2023)
Exhibit E
Exhibit D
Exhibit C
Exhibit B
Exhibit A
(#1) NOTICE OF REMOVAL from The Circuit Court Third Judicial Circuit Madison County, Illinois, case number 23-LA-564 ( Filing fee $ 402 receipt number AILSDC-5058156), filed by RAYTHEON TECHNOLOGIES CORPORATION, f/k/a United Technologies Corporation, Individually and as successor-in-interest to Pratt & Whitney. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lindsey, Nathan) (Entered: 04/21/2023)
Docket(#143) ANSWER to #115 Answer to Complaint,,,,,,,,, Crossclaim,,,,,,,,, Counterclaim,,,,,,,, , CROSSCLAIM against All Defendants by Raytheon Technologies Corporation.(Lindsey, Nathan) (Entered: 06/13/2023)
[-] Read LessDocket(#142) ORDER: Plaintiffs' Motion for Extension of Time to File Response (Doc. #141 ) is GRANTED. Response to Defendant Morton International, LLC's motion to dismiss (Doc. #96 ) is due by July 5, 2023. Signed by Judge Staci M. Yandle on 6/12/2023. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/12/2023)
[-] Read LessDocket(#141) MOTION for Extension of Time to File Response/Reply to Motion to Dismiss at Dkt. #96 by All Plaintiffs. (Steffan, John) (Entered: 06/12/2023)
[-] Read LessDocket(#140) ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference is SET for July 21, 2023, at 9:30 a.m. before Judge Staci M. Yandle. Instructions for joining the conference call are as follows: All parties should call toll free 877-873-8017 and enter the access code 4354777. The parties shall submit a Joint Report of the Parties and Proposed Scheduling and Discovery Order at least seven (7) days prior to the conference call by email to SMYpd@ilsd.uscourts.gov. Signed by Judge Staci M. Yandle on 6/6/2023. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/06/2023)
[-] Read LessDocket(#139) CJRA TRACK C assigned: Final Pretrial Conference set for 10/24/2024 at 9:30 AM via video conference and Jury Trial set for 11/4/2024 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle.(slh) (Entered: 06/06/2023)
[-] Read LessDocket(#138) ORDER REFERRING CASE TO MEDIATION. Signed by Judge Staci M. Yandle on 6/6/2023. (slh) (Entered: 06/06/2023)
[-] Read LessDocket(#137) ORDER: Plaintiffs move to dismiss Defendants Crown, Cork & Seal Co., Inc., Curtiss-Wright Corporation, General Dynamics Corporation, General Electric Co., IMO Industries, Inc., and Textron Aviation Inc. (Doc. #125 ). Plaintiffs and Defendant Paramount Global also stipulate to dismissal (Doc. #94 ). A plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an entire action (rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). While the Court acknowledges the plain reading of the rule, it finds that dismissing these Defendants pursuant to Rule 41(a)(2) is appropriate in this case. See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230, 1233 (7th Cir. 1983). Accordingly, the Court GRANTS the Motion. Plaintiffs' claims against Defendants Crown, Cork & Seal Co., Inc., Curtiss-Wright Corporation, General Dynamics Corporation, General Electric Co., IMO Industries, Inc., and Textron Aviation Inc. are DISMISSED without prejudice. Plaintiffs' claims against Defendant Paramount Global are also DISMISSED without prejudice. The pending motions to dismiss filed by these Defendants (Docs. #22 , #30 and #109 ) are TERMINATED as MOOT. The Clerk of Court is DIRECTED to TERMINATE these Defendants from the docket. The Clerk of Court is also DIRECTED to TERMINATE Defendant Solvay USA, Inc. pursuant to the Order at Doc. 129. Signed by Judge Staci M. Yandle on 6/5/2023. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/05/2023)
[-] Read LessDocket(#136) ORDER: The Motion for Extension of Time to File Response/Reply to Motions to Dismiss (Doc. #134 ) is GRANTED. Plaintiff shall file responses to the Motions to Dismiss (Docs. #41 #61 #44 #82 #49 #75 #57 ) on or before July 5, 2023. Signed by Judge Staci M. Yandle on 6/2/2023. (jlpe). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/02/2023)
[-] Read LessDocket(#135) NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #130 Motion to Dismiss/Lack of Jurisdiction, filed by Cooper Industries, LLC. Document stricken at the request of filer. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/02/2023)
[-] Read LessDocket(#134) MOTION for Extension of Time to File Response/Reply to Seven Defendants' Rule 12(b) Motions by All Plaintiffs. (Steffan, John) (Entered: 06/02/2023)
[-] Read LessDocket(#10) Federal Rule of Civil Procedure 7.1 Disclosure Statement by AVCO Corporation identifying Corporate Parent Textron Inc. for AVCO Corporation. (Stephens, Robert) (Entered: 04/24/2023)
[-] Read LessDocket(#9) NOTICE of Appearance by Robert William Stephens on behalf of AVCO Corporation (Stephens, Robert) (Entered: 04/24/2023)
[-] Read LessDocket(#8) NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Notice of Initial Magistrate Assignment. Document entered in error.(aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/24/2023)
[-] Read LessDocket(#7) NOTICE OF CASE REASSIGNMENT: Pursuant to Administrative Order No. 311, this case has been reassigned to U.S. District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/24/2023)
[-] Read LessDocket(#6) Emergency MOTION for Discovery (Relief Under Rule 26(d)---Deposition to Proceed) by All Plaintiffs. (Attachments: #1 State Court Order, #2 Depo. Notice)(Steffan, John) (Entered: 04/23/2023)
[-] Read LessDocket(#5) NOTICE of Appearance by John Louis Steffan, IV on behalf of All Plaintiffs (Steffan, John) (Entered: 04/21/2023)
[-] Read LessDocket(#4) STRICKEN - NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order 347. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Nancy B. Hoff, Raymond A. Hoff, RAYTHEON TECHNOLOGIES CORPORATION, f/k/a United Technologies Corporation, Individually and as successor-in-interest to Pratt & Whitney. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:23-cv-01315-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, (Entered: 04/21/2023)
[-] Read LessDocket(#3) Letter to Attorney Zachary Patterson regarding admission to SDIL. (aza) (Entered: 04/21/2023)
[-] Read LessDocket(#2) NOTICE of Appearance by Nathan A. Lindsey on behalf of RAYTHEON TECHNOLOGIES CORPORATION, f/k/a United Technologies Corporation, Individually and as successor-in-interest to Pratt & Whitney (Lindsey, Nathan) (Entered: 04/21/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from The Circuit Court Third Judicial Circuit Madison County, Illinois, case number 23-LA-564 ( Filing fee $ 402 receipt number AILSDC-5058156), filed by RAYTHEON TECHNOLOGIES CORPORATION, f/k/a United Technologies Corporation, Individually and as successor-in-interest to Pratt & Whitney. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lindsey, Nathan) (Entered: 04/21/2023)
[-] Read Less