Clyde Smothers v. 3M Company et al
Filing
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ORDER ON JOINT-STIPULATED REMAND AS TO DEFENdANT FOSTER WHEELER LLC by Judge S. James Otero. cc: order, docket, remand letter to Los Angeles Superior Court, Case number No. JCCP 6774; BC 507163. (Attachments: # 1 remand letter) (lc) (Main Document 42 replaced on 8/27/2013) (lc). Modified on 8/27/2013 (lc).
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Benno Ashrafi, Esq. (CSBN 247623)
Carlos Guzman, Esq. (CSBN 219185)
Lee Previant, Esq. (CSBN 259293)
WEITZ & LUXENBERG, P.C.
1880 Century Park East, Suite 700
Los Angeles, California 90067
Tel.: (310) 247-0921
Fax: (310) 786-9927
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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CLYDE SMOTHERS, an individual;
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CASE NO. 2:13-cv-05986-SJO-AGR
Plaintiff,
ORDER ON JOINT-STIPULATED
REMAND
v.
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3M COMPANY a/k/a MINNESOTA
MINING & MANUFACTURING
COMPANY;
ASBESTOS CORPORATION
LIMITED;
AIR & LIQUID SYSTEMS
CORPORATION, a subsidiary of
AMPCO-PITTSBURGH
CORPORATION, individually and as
successor by merger to BUFFALO
PUMPS, INC., individually and as
successor in interest to BUFFALO
FORGE COMPANY;
ALFA LAVAL, INC., individually and
as successor in interest to THE
DELAVAL SEPARATOR COMPANY
and SHARPLES CORPORATION;
AMERON INTERNATIONAL
CORPORATION, f/k/a
Hon. S. James Otero
United States Courthouse
Courtroom No.: 1
312 North Spring Street, 2nd Floor
Los Angeles, CA 90012-4701
cc: order, docket, remand
letter to Los Angeles Superior
Court no. JCCP 6774; BC 507163
as to defendant Foster Wheeler
only
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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BONDSTRAND individually and as
successor in interest to AMERON
MERGER COMPANY and AMERON
INC., AMERCOAT, INC., and
AMERICAN PIPE AND
CONSTRUCTION;
AMETEK, INC., individually and as
successor in interest to HAVEG
INDUSTRIES, INC. and HERCULES,
INC.;
ANCHOR DARLING VALVE
COMPANY;
AURORA PUMP COMPANY;
BECHTEL CONSTRUCTION
COMPANY;
BECHTEL CORPORATION;
BLACKMER PUMP COMPANY;
BW/IP INC., individually and as
successor in interest to BYRON
JACKSON PUMP CO.;
CARRIER CORPORATION,
individually and as successor in interest
to BRYANT HEATING & COOLING
SYSTEMS;
CBS CORPORATION f/k/a
VIACOM, INC., successor by merger
to CBS CORPORATION f/k/a
WESTINGHOUSE ELECTRIC
CORPORATION as successor in
interest to BF STURTEVANT;
CHAMPLAIN CABLE
CORPORATION, individually and as
successor in interest to HERCULES
INC.;
CHEVRON USA, INC., individually
and as successor in interest to
TEXACO, INC.;
CLEAVER-BROOKS, INC.,
individually and f/k/a AQUA-CHEM,
INC.;
FOSTER WHEELER, LLC;
DANA COMPANIES LLC, f/k/a and
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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individually and as successor in interest
to VICTOR CORPORATION,
VICTOR GASKETS and VICTOR
MANUFACTURING AND GASKET
COMPANY;
ELEMENTIS CHEMICALS, INC.
f/k/a HARCROS CHEMICALS, INC.
individually and as successor in interest
to HARRISONS & CROSFIELD
(PACIFIC) INC.;
ELLIOTT COMPANY, individually
and as successor in interest to ELLIOTT
TURBO MACHINERY COMPANY,
INC.;
FISHER CONTROLS
INTERNATIONAL, LLC,
individually and as successor in interest
to FISHER GOVERNOR COMPANY,
FISHER CONTROLS COMPANY, and
FISHER CONTROLS
INTERNATIONAL, INC.;
FLOWSERVE US INC., individually
and as successor in interest to
EDWARD VALVES, INC.;
FLUOR CORPORATION;
FLUOR DANIEL ENGINEERING,
INC.;
FLUOR ENTERPRISES, INC.,
individually and as successor in interest
to FLUOR ENGINEERS &
CONSTRUCTORS, INC. and FLUOR
DANIELS, INC.;
FMC CORPORATION, f/k/a
CONSTRUCTION EQUIPMENT
GROUP a/k/a and individually and as
successor in interest to LINK-BELT
CONSTRUCTION EQUIPMENT
COMPANY, LTD, and also
individually and as successor in interest
to NORTHERN PUMP COMPANY
f/k/a NORTHERN FIRE APPARATUS
COMPANY, CHICAGO PUMP
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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COMPANY, PEERLESS PUMP
COMPANY and CROSBY VALVE,
INC.;
FOSTER WHEELER, LLC, a/k/a and
individually and as successor in interest
to FOSTER WHEELER
CORPORATION and FOSTER
WHEELER ENERGY
CORPORATION;
GARDNER DENVER, INC., f/k/a
GARDNER DENVER MACHINERY,
INC.;
GENERAL ELECTRIC COMPANY;
GEORGIA-PACIFIC LLC, f/k/a
GEORGIA-PACIFIC CORPORATION;
GOODRICH CORPORATION, f/k/a
THE B.F. GOODRICH COMPANY;
GOODYEAR TIRE & RUBBER
COMPANY;
GOULDS PUMPS, INC.;
GRINNELL LLC, d/b/a GRINNELL
CORPORATION;
HILL BROTHERS CHEMICAL
COMPANY;
HOLLINGSWORTH & VOSE, CO.;
HONEYWELL INTERNATIONAL,
INC., f/k/a and individually and as
successor in interest to ALLIED
SIGNAL, INC., individually and as
successor in interest to BENDIX
CORPORATION;
IMO INDUSTRIES, INC.,
individually and as successor in interest
to DELAVAL TURBINE, INC. and
C.H. WHEELER MANUFACTURING
COMPANY;
INGERSOLL-RAND COMPANY,
individually and as successor in interest
to TERRY STEAM TURBINE
COMPANY;
INTERNATIONAL PAPER
COMPANY, individually and as
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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successor to STRATHMORE PAPER
CO.;
ITT CORPORATION, f/k/a ITT
INDUSTRIES, INC., individually and
as successor-in-interest to BELL &
GOSSETT, KENNENDY VALVE
MANUFACTURING COMPANY,
KENNEDY VALVE, INC. and
KENNEDY VALVE COMPANY;
J.T. THORPE & SON, INC.;
JOHN CRANE, INC.;
KAISER GYPSUM COMPANY,
INC.;
MEADWESTVACO
CORPORATION
METALCLAD INSULATION
CORPORATION;
OAKFABCO, INC., f/k/a KEWANEE
BOILER CORPORATION;
PARSONS CORPORATION,
individually and as successor in interest
to THE RALPH M. PARSONS
COMPANY;
PEERLESS INDUSTRIES, INC.;
PLANT PRODUCTS & SUPPLY
CO.;
SB DECKING, INC., f/k/a SELBY,
BATTERSBY & CO.;
SONOCO PRODUCTS COMPANY;
SPECIAL ELECTRIC COMPANY,
INC., individually and as alter-ego and
successor-in-interest to SPECIAL
MATERIALS, INC.-DELAWARE,
SPECIAL MATERIALS, INC.-OHIO,
SPECIAL MATERIALS, INC.ILLINOIS and SPECIAL
MATERIALS, INC.-WISCONSIN f/k/a
SPECIAL MATERIALS, INC. f/k/a
SPECIAL ASBESTOS COMPANY,
INC.;
SYD CARPENTER, MARINE
CONTRACTOR, INC.;
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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TEXACO INC.;
THE NASH ENGINEERING
COMPANY;
THE WILLIAM POWELL
COMPANY;
THOMAS DEE ENGINEERING
CO., INC.;
TRANE U.S. INCORPORATED,
f/k/a AMERICAN STANDARD
INCORPORATED, individually and
as successor to KEWANEE BOILER
CORP. and AMERICAN BLOWER
COMPANY;
TRIPLE A MACHINE SHOP, INC.;
UNION CARBIDE
CORPORATION;
VELAN VALVE CORPORATION,
individually and as successor in interest
to VELAN STEAM TRAP
CORPORATION;
VIKING PUMP, INC.;
WARREN PUMPS, LLC, f/k/a
WARREN PUMPS, INC., individually
and as successor in interest to QUIMBY
PUMP COMPANY;
WEIR VALVES & CONTROLS
USA, INC., f/k/a and individually and
as successor in interest to ATWOOD &
MORRILL;
and DOES 1 through 400, inclusive,
Defendants.
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THIS MATTER HAVING COME BEFORE THE COURT by the Joint
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Stipulation For Remand of this case to the Superior Court for the State of California,
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Central District, Stanley Mosk Courthouse, by and between counsel for Plaintiff
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CLYDE SMOTHERS and counsel for Defendant FOSTER WHEELER, LLC in the
above referenced matter,
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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It is hereby, ORDERED, that this matter is REMANDED forthwith to the
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Superior Court for the State of California, Central District, Stanley Mosk Courthouse
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where it was originally filed within Joint Consolidated Cases Proceeding JCCP 4674,
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original case number BC507163.
IT IS SO ORDERED.
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DATED: August 27, 2013
A PROFESSIONAL CORPORATION
LAW OFFICES
1880 CENTURY PARK EAST, SUITE 700
LOS ANGELES, CALIFORNIA 90067
WEITZ & LUXENBERG P.C.
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HONORABLE S. JAMES OTERO
Judge of the United States District Court
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[PROPOSED] ORDER ON JOINT-STIPULATED REMAND
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