SMITHFIELD FOODS INC et al v. UNITED STATES OF AMERICA Docket

7/28/2019 SMITHFIELD FOODS INC et al v. UNITED STATES OF AMERICA Docket

1/24

TRANSFERIN

United States District CourtEastern District of Wisconsin (Milwaukee)

CIVIL DOCKET FOR CASE #: 2:13-cv-00651-JPS

Smithfield Foods Inc et al v. United States of America

Assigned to: Judge J P Stadtmueller

Demand: $9,999,000

Case in other court: California Central, 2:12-cv-02254

Cause: 28:2671 Federal Tort Claims Act

Date Filed: 06/11/2013

Jury Demand: None

Nature of Suit: 290 Real Property: Other

Jurisdiction: U.S. Government

Defendant

Plaintiff

Smithfield Foods Inc

a Virginia Corporation

represented by Alyssa J Endelman

Denenberg Tuffley PLLC

1 Northwestern Plaza28411 Northwestern Hwy - Ste 600

Southfield, MI 48034

248-549-3900

Fax: 248-593-5808

Email: [email protected]

PRO HAC VICE

ATTORNEY TO BE NOTICED

Charles R Tuffley




248-549-3900

Fax: 248-593-5808

PRO HAC VICE


Erin M Lahey

Denenberg Truffley PLLC

10250 Constellation Blvd - Ste 2320

Los Angeles, CA 90067

310-356-4683

Fax: 310-284-9089


Michele L Levinson

Long Beach City Attorneys Office

Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558

of 24 6/13/13 1:16


2/24

333 W Ocean Blvd - Ste 1100

Los Angeles, CA 90802-4664

562-570-2200

Fax: 562-436-1579

TERMINATED: 07/31/2012

Pamela Judith GelmanDenenberg Truffley PLLC

10250 Constellation Blvd - Ste 2320


310-356-4683

Fax: 310-284-9089



Paul A Casetta




248-549-3900

Fax: 248-593-5808


PRO HAC VICE


Todd B Denenberg

Denenberg Tuffley PLLC1 Northwestern Plaza

28411 Northwestern Hwy - Ste 600


248-549-3900

Fax: 248-593-5808


PRO HAC VICE


Plaintiff

Patrick Cudahy Inca Delaware Corporation

represented by Alyssa J Endelman(See above for address)

PRO HAC VICE


Charles R Tuffley

(See above for address)


of 24 6/13/13 1:16


3/24

PRO HAC VICE


Erin M Lahey



Michele L Levinson



Pamela Judith Gelman




Todd B Denenberg

(See above for address)ATTORNEY TO BE NOTICED

Plaintiff

Allianz Global Risks US Insurance

Company

a California Corporation



PRO HAC VICE


Charles R Tuffley

(See above for address)PRO HAC VICE


Erin M Lahey



Michele L Levinson







Todd B Denenberg


of 24 6/13/13 1:16


4/24


5/24





Todd B Denenberg


Plaintiff

Liberty Mutual Fire Insurance

Company

a Wisconsin Corporation



PRO HAC VICE


Charles R Tuffley


PRO HAC VICE


Erin M Lahey



Michele L Levinson







Todd B Denenberg



Plaintiff

Tokio Marine and Nichido FireInsurance Company Ltd

a New York Corporation

represented by Alyssa J Endelman(See above for address)

PRO HAC VICE


Charles R Tuffley



of 24 6/13/13 1:16


6/24

PRO HAC VICE


Erin M Lahey



Michele L Levinson







Todd B Denenberg


Plaintiff

Certain Underwriters at Lloyd's

London

and its members subscribing to contract

no. Dp6855091(1), Unique Market

Reference B0509685509, a Foreign

Corporation as subrogees of Smithfield

Foods Inc and Patrick Cudahy Inc



PRO HAC VICE


Charles R Tuffley

(See above for address)PRO HAC VICE


Erin M Lahey



Michele L Levinson







Todd B Denenberg


of 24 6/13/13 1:16


7/24



V.

Defendant

United States of America represented by Zakary K Toomey

United States Department of Justice

(DC)

1331 Pennsylvania Ave NW

Washington, DC 20004

202-598-2210

Fax: 202-616-5200


LEAD ATTORNEY


Thomas K Buck

United States Department of Justice

(CD-CA)

Office of the US Attorney

Federal Building

300 N Los Angeles St - Rm 7615


213-894-3989

Fax: 213-894-7819


Date Filed # Docket Text

03/16/2012 1 COMPLAINT against Defendant United States of America. Case assigned to

Judge Consuelo B. Marshall for all further proceedings. Discovery referred to

Magistrate Judge David T. Bristow.(Filing fee $ 350 PAID.), filed by Plaintiffs

Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Ace American

Insurance Company, General Security Indemnity Company of Arizona, Certain

Underwriters at Lloyds of London, Smithfield Foods Inc, Tokio Marine and

Nichido Fire Insurance Company Ltd, Allianz Global Risks US Insurance

Company.(et) (mg). [Transferred from cacd on 6/11/2013.] (Entered:03/21/2012)

03/16/2012 60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant United

States of America. (et) [Transferred from cacd on 6/11/2013.] (Entered:

03/21/2012)


of 24 6/13/13 1:16


8/24

03/16/2012 2 NOTICE of Interested Parties filed by Plaintiffs Ace American Insurance

Company, Allianz Global Risks US Insurance Company, Certain Underwriters

at Lloyds of London, General Security Indemnity Company of Arizona,

Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods

Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, identifying

Corporate Parent Patrick Cudahy Inc for Smithfield Foods Inc; Corporate

Parent Allianz of America Inc for Allianz Global Risks US InsuranceCompany; Corporate Parent Ace Limited for Ace American Insurance

Company; Corporate Parent Tokio Marine Holdings Inc for Tokio Marine and

Nichido Fire Insurance Company Ltd; Corporate Parent SCOR Reinsurance

Company for General Security Indemnity Company of Arizona; Corporate

Parent Liberty Mutual Holding Company Inc for Liberty Mutual Fire Insurance

Company. (et) (mg). [Transferred from cacd on 6/11/2013.] (Entered:

03/21/2012)

04/05/2012 3 PROOF OF SERVICE Executed by Plaintiff Liberty Mutual Fire Insurance

Company, Patrick Cudahy Inc, Ace American Insurance Company, General

Security Indemnity Company of Arizona, Certain Underwriters at Lloyds ofLondon, Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance

Company Ltd, Allianz Global Risks US Insurance Company, upon Defendant

All Defendants. Service of the Summons and Complaint were executed upon

the United States Attorneys Office by delivering a copy to Frank B. Kawano.

Executed upon the Attorney Generals Office of the United States by delivering

a copy to E. Saso. Executed upon the officer agency or corporation by

delivering a copy to U.S. Attorney's Office. Service was executed in

compliance with Federal Rules of Civil Procedure. Due diligence declaration

NOT attached. Registered or certified mail return receipt attached. Original

Summons NOT returned. (Levinson, Michele) [Transferred from cacd on

6/11/2013.]

04/17/2012 4 APPLICATION for attorney Todd Denenberg to Appear Pro Hac Vice. (PHV

FEE PAID.) filed by plaintiff Smithfield Foods Inc. Lodged Proposed Order.

(ak) [Transferred from cacd on 6/11/2013.] (Entered: 04/18/2012)

05/07/2012 5 APPLICATION for Order for Application of Non-Resident Attorney to Appear

in a Specific Case filed by Plaintiffs Ace American Insurance Company,

Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds

of London, General Security Indemnity Company of Arizona, Liberty Mutual

Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio

Marine and Nichido Fire Insurance Company Ltd. (Levinson, Michele)[Transferred from cacd on 6/11/2013.]

05/07/2012 6 APPLICATION for attorney Paul A. Casetta to Appear Pro Hac Vice (PHV

FEE NOT PAID.) filed by Plaintiffs Ace American Insurance Company,





of 24 6/13/13 1:16


9/24

Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed

Order Proposed Order)(Levinson, Michele) [Transferred from cacd on

6/11/2013.]

05/11/2012 7 ORDER by Judge Consuelo B. Marshall: granting 6 Application to Appear Pro

Hac Vice by Attorney Paul A Casetta on behalf of Plaintiffs Smithfield Foods

Inc, et al., designating Michele L. Levinson as local counsel. (lom)

[Transferred from cacd on 6/11/2013.]

05/11/2012 8 ORDER by Judge Consuelo B. Marshall: granting 4 Application to Appear Pro

Hac Vice by Attorney Todd B. Denenberg on behalf of Plaintiff, designating

Michele L. Levinson as local counsel. (lt) [Transferred from cacd on

6/11/2013.] (Entered: 05/14/2012)

05/14/2012 9 NOTICE OF MOTION AND MOTION to Dismiss Casefor Failure to State a

Claim and for Lack of Jurisdiction filed by Defendant United States of

America. Motion set for hearing on 7/9/2012 at 11:00 AM before Judge

Consuelo B. Marshall. (Attachments: # 1 Memorandum, # 2 Exhibit Guilty

Pleas of Joshua and Kurtis Popp, # 3 Exhibit Excerpts of CCO P3500.4F, # 4Exhibit Excerpts of CCO 3500.4H, # 5 Exhibit Excerpts of CCO 8000.4E, # 6

Exhibit MLSR Order, # 7 Exhibit Mojave Viper Order, # 8 Exhibit Declaration

of Brian Catlin, # 9 Exhibit Declaration of Andres Fuentes, # 10 Exhibit

Plaintiffs' Administrative Claim)(Toomey, Zakary) [Transferred from cacd on

6/11/2013.]

06/15/2012 10 MEMORANDUM in Opposition to MOTION to Dismiss Casefor Failure to

State a Claim and for Lack of Jurisdiction9 filed by Plaintiffs Ace American

Insurance Company, Allianz Global Risks US Insurance Company, Certain

Underwriters at Lloyds of London, General Security Indemnity Company of

Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc,Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd.

(Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Statement from

Joshua Popp, # 3 Exhibit 3 - Affidavit of Dr. Robert A. Schroeder, # 4 Exhibit

4 - Marine Corps Response)(Denenberg, Todd) [Transferred from cacd on

6/11/2013.]

06/19/2012 11 APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice

(PHV FEE NOT PAID.) filed by Plaintiffs Ace American Insurance Company,



Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, TokioMarine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed

Order)(Levinson, Michele) [Transferred from cacd on 6/11/2013.]

06/19/2012 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents

RE: APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice

(PHV FEE PAID.) 11 . The following error(s) was found: Other error(s) with


of 24 6/13/13 1:16


10/24

document(s): Second page to Application is missing, that includes local

counsel designation and signature page. All three good standing certificates are

past the 30 day expiration date as required pursuant to LR 83-2.3.1. In response

to this notice the court may order (1) an amended or correct document to be

filed (2) the document stricken or (3) take other action as the court deems

appropriate. You need not take any action in response to this notice unless and

until the court directs you to do so. (lt) [Transferred from cacd on 6/11/2013.]

06/25/2012 13 REPLY In Support Of MOTION to Dismiss Casefor Failure to State a Claim

and for Lack of Jurisdiction9 filed by Defendant United States of America.

(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]

07/09/2012 14 MINUTES of Defendant's Motion to Dismiss 9 held before Judge Consuelo B.

Marshall. Defendant's Motion to Dismiss is denied. Court Reporter: Leandra

Amber. (lom) [Transferred from cacd on 6/11/2013.]

07/10/2012 16 MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall. The

Application of Non-Resident Attorney, etc. 11 filed by Alyssa J. Endelman is

hereby denied. See Notice to Filer of Deficiencies 12 . (lom) [Transferred fromcacd on 6/11/2013.] (Entered: 07/11/2012)

07/11/2012 15 NOTICE of Change of Attorney Information for attorney Pamela Judith

Gelman counsel for Plaintiffs Allianz Global Risks US Insurance Company,

Certain Underwriters at Lloyds of London, General Security Indemnity

Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy

Inc, Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company

Ltd. Filed by Plaintiffs Smithfield Foods, et al (Gelman, Pamela) [Transferred

from cacd on 6/11/2013.]

07/19/2012 17 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint -

(Discovery) 1 filed by Defendant United States of America.(Toomey, Zakary)


07/26/2012 18 MINUTE ORDER (IN CHAMBERS)SCHEDULING CONFERENCE by

Judge Consuelo B. Marshall. On the Court's own motion, this case is set for a

Scheduling Conference on 10/22/2012 @ 10:00 A.M. A FAILURE TO

COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF

SANCTIONS. (Read order carefully) (ys) [Transferred from cacd on

6/11/2013.]


Gelman counsel for Plaintiffs Ace American Insurance Company, AllianzGlobal Risks US Insurance Company, Certain Underwriters at Lloyds of

London, General Security Indemnity Company of Arizona, Liberty Mutual


Marine and Nichido Fire Insurance Company Ltd. Changing Email to

[email protected]. Filed by Plaintiff Smithfield Foods, et al (Gelman,

Pamela) [Transferred from cacd on 6/11/2013.]


0 of 24 6/13/13 1:16


11/24

07/30/2012 20 REQUEST to Substitute attorney Pamela J. Gelman in place of attorney

Michele L. Levinson filed by Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd. Request set for hearing on

8/13/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Gelman, Pamela)[Transferred from cacd on 6/11/2013.]

07/31/2012 21 ORDER by Judge Consuelo B. Marshall: granting 20 Request to Substitute

Attorney Pamela J. Gehnan, as attorney of record for Plaintiff Smithfield Foods

et al, instead of Attorney Michele L Levinson. (lom) [Transferred from cacd on

6/11/2013.] (Entered: 08/09/2012)

08/09/2012 22 APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice

(PHV FEE NOT PAID.) filed by Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed

Order Proposed Order)(Gelman, Pamela) [Transferred from cacd on

6/11/2013.]

08/09/2012 23 ORDER by Judge Consuelo B. Marshall: granting 22 Application to Appear

Pro Hac Vice by Attorney Alyssa J. Endelman on behalf of Plaintiff,

designating Pamela J. Gelman as local counsel. (lt) [Transferred from cacd on

6/11/2013.] (Entered: 08/10/2012)

09/17/2012 24 CERTIFICATE OF SERVICE filed by Plaintiffs Ace American Insurance

Company, Allianz Global Risks US Insurance Company, Certain Underwritersat Lloyds of London, General Security Indemnity Company of Arizona,


Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Plaintiffs Initial

Rule 26(a)(1)(A) Disclosures served on 9/14/2012. (Casetta, Paul) [Transferred


09/17/2012 25 CERTIFICATE OF SERVICE filed by Defendant United States of America,

Defendant's Initial Disclosures Pursuant to Rule 26(a)(1) served on 9/17/2012.


09/19/2012 28 APPLICATION for attorney Charles R Tuffley to Appear Pro Hac Vice. (PHV

FEE PAID.) filed by Plaintiffs Allianz Global Risks US Insurance Company,




Ltd. Lodged proposed Order. (pj) [Transferred from cacd on 6/11/2013.]

(Entered: 09/27/2012)


1 of 24 6/13/13 1:16


12/24

09/24/2012 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 days,

filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks US

Insurance Company, Certain Underwriters at Lloyds of London, General

Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance

Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and

Nichido Fire Insurance Company Ltd.. (Casetta, Paul) [Transferred from cacd

on 6/11/2013.]

09/25/2012 27 JOINT REPORT Rule 26(f) Discovery Plan (Amended) ; estimated length of

trial 15 days, filed by Plaintiffs Ace American Insurance Company, Allianz

Global Risks US Insurance Company, Certain Underwriters at Lloyds of



Marine and Nichido Fire Insurance Company Ltd.. (Casetta, Paul) [Transferred


09/26/2012 29 ORDER by Judge Consuelo B. Marshall: granting 28 Application to Appear

Pro Hac Vice by Attorney Charles R. Tuffley on behalf of Plaintiffs,

designating Pamela J. Gelman as local counsel. (lt) [Transferred from cacd on

6/11/2013.] (Entered: 09/28/2012)

10/19/2012 30 IN CHAMBER MINUTE ORDER. The Scheduling Conference previously

scheduled for 10/22/2012 at 10:00 a.m. has been rescheduled. The Scheduling

Conference is now set for Thursday, November 1, 2012 at 1:30 PM before

Judge Consuelo B. Marshall. THERE IS NO PDF DOCUMENT

ASSOCIATED WITH THIS ENTRY.(cs) TEXT ONLY ENTRY [Transferred



Defendant's First Supplemental Disclosures served on 10/19/2012. (Toomey,Zakary) [Transferred from cacd on 6/11/2013.]

11/01/2012 35 MINUTES OF SCHEDULING CONFERENCE held before Judge Consuelo

B. Marshall. IT IS ORDERED as follows: (1) The Non-Expert Discovery

Cut-Off is April 28, 2013; (2) All fact discovery shall be completed on or

before May 3, 2013; (3) All expert discovery shall be completed on or before

March 30, 2013; (4) Settlement conference shall be held on or before April 15,

2013; (5) All motions shall be set for oral argument on or before June 4, 2013

at 10:00 a.m.; (6) Pre Trial Conference is set on August 5, 2013 at 2:30 P.M.;

(7) The 10 - 15 day estimate Court Trial is set on August 27, 2013 at 10:00

a.m. Court Reporter: Leandra Amber. (lom) [Transferred from cacd on6/11/2013.] (Entered: 12/12/2012)

11/20/2012 32 STIPULATION for Protective Order filed by Defendant United States of

America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred



2 of 24 6/13/13 1:16


13/24

11/30/2012 33 OF SERVICE filed by Plaintiffs Ace American Insurance Company, Allianz




Marine and Nichido Fire Insurance Company Ltd, First Supplemental Rule

26(a)(1)(A) Disclosures served on 11/30/12. (Endelman, Alyssa) [Transferred



United States' First Interrogatories and First Requests for Production served

on 12/11/2012. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.]

12/18/2012 36 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of

Wisconsin ( Motion set for hearing on 1/21/2013 at 11:00 AM before Judge

Consuelo B. Marshall.), MOTION to Bifurcate Trial filed by Defendant United

States of America. (Attachments: # 1 Memorandum, # 2 Exhibit 1 Deposition

of Joshua Popp, # 3 Exhibit 2 Deposition of Kurtis Popp, # 4 Exhibit 3

Plaintiffs' Damages Summary, # 5 Exhibit 4 Plaintiffs' Supplemental

Disclosures, # 6 Exhibit 5 US Initial Disclosures, # 7 Exhibit 6 Plaintiffs'

Deposition Notice, # 8 Exhibit 7 Plaintiffs' Letter, # 9 Exhibit 8 Wisconsin

Complaint, # 10 Exhibit 9 Wisconsin MTD, # 11 Exhibit 10 Wisconsin

Dismissal, # 12 Exhibit 11 Criminal Complaint, # 13 Exhibit 12 Judgments of

Conviction, # 14 Exhibit 13 Determining Economic Damages Excerpt, # 15

Exhibit 14 US Discovery Requests)(Toomey, Zakary) [Transferred from cacd

on 6/11/2013.]

12/21/2012 37 STIPULATION to Reschedule Hearing Date filed by Defendant United States

of America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred


12/27/2012 38 ORDER Granting Stipulation 37 by Judge Consuelo B. Marshall. IT IS

ORDERED that the hearing on the United States' Motion to Transfer Venue or

in the Alternative to Bifurcate 36 , currently set for January 21, 2013 is

rescheduled for January 28, 2013 at 11 a.m. in Courtroom 2, 2nd Floor. (lom)

[Transferred from cacd on 6/11/2013.] (Entered: 12/28/2012)

01/03/2013 40 STIPULATED PROTECTIVE ORDER re 32 by Judge Consuelo B. Marshal.

(See attached document for details.) (lom) [Transferred from cacd on

6/11/2013.] (Entered: 01/04/2013)

01/04/2013 39 MEMORANDUM in Opposition to MOTION to Transfer Case to Eastern

District of Wisconsin MOTION to Bifurcate Trial 36 filed by Plaintiffs Ace

American Insurance Company, Allianz Global Risks US Insurance Company,




Ltd. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Catlin Dep, # 3


3 of 24 6/13/13 1:16


14/24

Exhibit 3 - Fuentes Dep, # 4 Exhibit 4 - Popp Dep, # 5 Exhibit 5 - Declaration,

# 6 Exhibit 6 - Memorandum, # 7 Exhibit 7 - Def's Memorandum, # 8 Exhibit 8

- Amended Rule 26(F) Report, # 9 Exhibit 9 - Civil Minutes)(Denenberg,

Todd) [Transferred from cacd on 6/11/2013.]

01/09/2013 41 MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow:

The parties' proposed Stipulation and Protective Order 40 has been referred by

theDistrict Judge to the Magistrate Judge for consideration. The parties are

advised that the Court declines to issue the proposed protective order to which

they have stipulated for the following reasons: 1. Proposed 8 needs to be

revised to make clear that any motion challenging a designation brought

pursuant to that paragraph will need to be made in strict compliance with Local

Rules 37-1 and 37-2 (including the Joint Stipulation requirement). 2. The

proposed Stipulation and Protective Order should be submitted to Magistrate

Judge David T. Bristow rather than District Judge Consuelo Marshall. (ad)


01/14/2013 42 REPLY in Support of MOTION to Transfer Case to Eastern District of

Wisconsin MOTION to Bifurcate Trial 36 filed by Defendant United States of

America. (Attachments: # 1 Exhibit Deposition of Fuentes, # 2 Exhibit

Deposition of Catlin)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]

01/21/2013 43 NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply filed by

Plaintiffs Ace American Insurance Company, Allianz Global Risks US




Nichido Fire Insurance Company Ltd. Motion set for hearing on 1/28/2013 at

11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Attachment,

# 2 Exhibit A - Request for Admissions)(Denenberg, Todd) [Transferred from

cacd on 6/11/2013.]


Defendant's Second Interrogatories and Second Requests for Production

served on 1/23/2013. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.]

01/25/2013 45 MINUTE ORDER IN CHAMBERS - NOTICE TO ALL PARTIES OF

COURT ORDER by Judge Consuelo B. Marshall. On the Court's own motion,

the Defendants' Notice of motion to transfer venue or in the alternative to

bifurcate 36 and Plaintiffs' motion for leave to file sur-reply in opposition to

Defendant's motion to transfer venue or in the alternative to bifurcate 43 ,currently scheduled for January 28, 2013, are hereby ordered continued to

February 19, 2013 at 11:00 a.m. (lom) [Transferred from cacd on 6/11/2013.]

01/31/2013 46 CERTIFICATE OF SERVICE OF OBJECTIONS AND RESPONSES TO

DEFENDANT'S NOTICE OF 30(B)(6) DEPOSITION(Endelman, Alyssa)



4 of 24 6/13/13 1:16


15/24


Gelman counsel for Plaintiffs Ace American Insurance Company, Allianz




Marine and Nichido Fire Insurance Company Ltd. Changing address to 10250

Constellation Place, Suite 2320, Los Angeles, CA 90067. Changing faxnumber to 310-284-9089. Filed by Plaintiffs Smithfield Foods Inc., et al.

(Gelman, Pamela) [Transferred from cacd on 6/11/2013.]

02/03/2013 48 STIPULATION for Protective Order filed by Defendant United States of

America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred



RE: Miscellaneous Document 46 . The following error(s) was found: Incorrect

event selected. The correct event is: Proof of Service (subsequent document).

In response to this notice the court may order (1) an amended or correct

document to be filed (2) the document stricken or (3) take other action as the

court deems appropriate. You need not take any action in response to this

notice unless and until the court directs you to do so. (lom) [Transferred from

cacd on 6/11/2013.]

02/13/2013 50 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. On the

Court's own motion, the following Motions are continued to February 21, 2013

at 10:00 a.m.: (1) Motion of the United States to Transfer Venue or, in the

Alternative, to Bifurcate 36 ; and (2)Plaintiffs Motion for Leave to File

Sur-Reply 43 . (lom) [Transferred from cacd on 6/11/2013.]

02/15/2013 51 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear BeforeMagistrate Judge for settlement proceedings. Filed by Plaintiffs Ace American



Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc,

Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd,

Defendant United States of America.(Endelman, Alyssa) [Transferred from

cacd on 6/11/2013.]

02/15/2013 52 STATUS REPORT Plaintiffs' Status Conference Status Reportfiled by

Plaintiffs Ace American Insurance Company, Allianz Global Risks US

Insurance Company, Certain Underwriters at Lloyds of London, GeneralSecurity Indemnity Company of Arizona, Liberty Mutual Fire Insurance


Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit 1)(Endelman,

Alyssa) [Transferred from cacd on 6/11/2013.]


5 of 24 6/13/13 1:16


16/24

02/19/2013 53 Notice of Withdrawal of Motion for Leave to File Document,, 43 filed by

Plaintiff Ace American Insurance Company, Allianz Global Risks US




Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred from

cacd on 6/11/2013.]

02/19/2013 54 OPPOSITION to Plaintiffs' Status Conference Reportfiled by Defendant

United States of America. (Attachments: # 1 Exhibit Depo. of Joshua Popp, # 2

Exhibit Depo. of Kurtis Popp, # 3 Exhibit 3 Depo. Withdrawal Emails, # 4

Exhibit 4 Depo. of Parul Stevens, # 5 Exhibit 5 Smithfield 10-K, # 6 Exhibit 6

Damages Projections, # 7 Exhibit 7 Pl. Damages Summary, # 8 Exhibit 8

Illegible Documents, # 9 Exhibit 9 Replacement Cost Projections, # 10 Exhibit

10 Los Profits Projections, # 11 Exhibit 11 Requests for Legible Docs, # 12

Exhibit 12 US Discovery, # 13 Exhibit 13 New Illegible Documents, # 14

Exhibit 14 Pl. Resp. to RFP, # 15 Exhibit 15 Pl. Resp. to Interrogatories, # 16

Exhibit 16 Native Format Requests, # 17 Exhibit 17 Pl. Supp. Responses, # 18Exhibit 18 Expert Disclosure Emails)(Toomey, Zakary) [Transferred from cacd

on 6/11/2013.]

02/20/2013 55 Notice of Withdrawal of Status Report, 52 filed by Plaintiff Ace American




Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd.

(Denenberg, Todd) [Transferred from cacd on 6/11/2013.]


RE: Response in Opposition to Motion 54 . The following error(s) was found:

Incorrect event selected. The correct event is: Response (non-motion). In

response to this notice the court may order (1) an amended or correct document

to be filed (2) the document stricken or (3) take other action as the court deems

appropriate. You need not take any action in response to this notice unless and

until the court directs you to do so. (lom) [Transferred from cacd on

6/11/2013.]

02/21/2013 57 MINUTES OF Hearing: Defendant's Motion to Transfer Venue or, in the

Alternative to Bifurcate 36 held before Judge Consuelo B. Marshall.

Defendant's Motion to Transfer Venue or, in the Alternative to Bifurcate is

submitted without further oral arguments. Court Reporter: Deborah Gackle.

(lom) [Transferred from cacd on 6/11/2013.]

02/21/2013 58 MINUTE ORDER IN CHAMBERS by Magistrate Judge David T. Bristow re:

Stipulation for Protective Order 48 . The parties proposed Stipulation and

Protective Order has been referred by the District Judge to the Magistrate

Judge for consideration. The parties are advised that the Court declines to issue


6 of 24 6/13/13 1:16


17/24

the proposed protective order to which they have stipulated for the following

reason: 1. 4 and 5 appear to contemplate that the Court and its personnel will

be required to execute the proposed acknowledgment of the protective order.

Such a requirement is inappropriate. (mrgo) [Transferred from cacd on

6/11/2013.] (Entered: 02/25/2013)

02/26/2013 59 OF SERVICE filed by Plaintiff Ace American Insurance Company, Allianz




Marine and Nichido Fire Insurance Company Ltd, served on February 26,

2013. (Casetta, Paul) [Transferred from cacd on 6/11/2013.]

03/15/2013 60 OF SERVICE filed by Plaintiff Ace American Insurance Company, Allianz



Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, served on

Plaintiffs' Disclosure of Liability Expert Testimony. (Endelman, Alyssa)


03/21/2013 61 CERTIFICATE OF SERVICE filed by DEFENDANT United States of

America, United States' First Requests for Admissions served on 3/20/2013.



United States' Expert Disclosures served on 4/1/2013. (Toomey, Zakary)


04/02/2013 63 CERTIFICATE of service OF SERVICE filed by Plaintiffs Ace American




Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd,

of Third Request for Produciton of Documents and Second Interrogatories

served on April 2, 2013. (Endelman, Alyssa) [Transferred from cacd on

6/11/2013.]

04/08/2013 64 ORDER/REFERRAL to ADR Procedure No 1 by Judge Consuelo B. Marshall.

Case ordered to Magistrate Judge David T. Bristow for Settlement Conference.

For ADR Procedure No. 1, counsel are responsible for contacting the judge at

the appropriate time to arrange for further proceedings. (lom) [Transferred


04/08/2013 65 Certificate OF SERVICE filed by Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd, of Plaintiffs' Response to


7 of 24 6/13/13 1:16


18/24

Defendant's Requests for Admissions served on April 8, 2013. (Endelman,


04/17/2013 66 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge David T.

Bristow: Settlement Conference set for 5/30/2013 09:30 AM before Magistrate

Judge David T. Bristow. (am) [Transferred from cacd on 6/11/2013.] (Entered:

04/18/2013)

04/19/2013 67 OF SERVICE filed by Plaintiffs Ace American Insurance Company, Allianz




Marine and Nichido Fire Insurance Company Ltd, of Third RFP and Third

Supplemental Responses to RFP served on 4/19/2013. (Endelman, Alyssa)


04/24/2013 68 NOTICE OF MOTION AND MOTION for Summary Judgment filed by

Defendant United States of America. Motion set for hearing on 6/4/2013 at

10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1Memorandum of Points and Authorities, # 2 Statement of Uncontroverted

Facts and Conclusions of Law, # 3 Proposed Order)(Toomey, Zakary)


04/24/2013 69 EXHIBIT to MOTION for Summary Judgment 68in Support of United States'

Motion for Summary Judgment and Statement of Uncontroverted Facts filed by

Defendant United States of America. (Attachments: # 1 Exhibit 1-3, # 2

Exhibit 4-13, # 3 Exhibit 14-17, # 4 Exhibit 18-24)(Toomey, Zakary)


05/03/2013 70 REQUEST to Substitute attorney Erin M. Lahey in place of attorney Pamela J.

Gelman filed by Plaintiffs Ace American Insurance Company, Allianz Global

Risks US Insurance Company, Certain Underwriters at Lloyds of London,

General Security Indemnity Company of Arizona, Liberty Mutual Fire

Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine

and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed Order

For Substitution of Attorney)(Endelman, Alyssa) [Transferred from cacd on

6/11/2013.]

05/07/2013 71 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Opinion of

Raymond Esposito filed by Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on

6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1

Memorandum and Points of Authorities in Support of Plaintiffs' Motion in

Limine to E xclude the Opinion of Raymond Esposito, # 2 Appendix Index of


8 of 24 6/13/13 1:16


19/24

Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit

5, # 8 Exhibit 6, # 9 Exhibit 7)(Endelman, Alyssa) [Transferred from cacd on

6/11/2013.]

05/07/2013 72 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Opinion of

Gerald Haynes filed by Plaintiffs Ace American Insurance Company, Allianz






Memorandum Memorandum and Points of Authorities in Support of Plaintiffs'

Motion in Limine to Exclude the Opinion of Gerald Haynes, # 2 Appendix

Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Endelman,

Alyssa)[Transferred from cacd on 6/11/2013.]





Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Supplemental

Expert Disclosure Pursuant to Rule 26(a)(2) served on 5/10/13. (Endelman,


05/13/2013 77 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. On the

Court's own motion, In Limine Motion to Exclude Opinion of Raymond

Esposito 71 and In Limine Motion to Exclude Opinion of Gerald Haynes 72

are submitted without oral arguments. (lom) [Transferred from cacd on

6/11/2013.] (Entered: 05/14/2013)





Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, served on

Supplemental Expert Disclosure. (Endelman, Alyssa) [Transferred from cacd

on 6/11/2013.]

05/14/2013 75 NOTICE OF MOTION AND MOTION for Leave to file to Exceed Page Limit

Regarding Their Memorandum in Opposition to Defendant's Motion for

Summary Judgment filed by Plaintiffs Ace American Insurance Company,Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds




6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Denenberg, Todd)



9 of 24 6/13/13 1:16


20/24

05/14/2013 76 MEMORANDUM in Opposition to MOTION for Summary Judgment 68 filed

by Plaintiffs Ace American Insurance Company, Allianz Global Risks US




Nichido Fire Insurance Company Ltd. (Attachments: # 1 Statement of Genuine

Disputes of Fact (In Opposition to Defendant's Motion for SummaryJudgment), # 2 Evidence in Support of Plaintiffs' Memorandum in Opposition

to Motion for Summary Judgment and Plaintiffs' Statement of Genuine

Disputes of Fact, # 3 Exhibit Exhibits A-I, # 4 Exhibit Exhibits J-O, # 5

Exhibit Exhibits P-V, # 6 Exhibit Exhibits W-Z)(Denenberg, Todd)


05/14/2013 78 OPPOSITION to MOTION IN LIMINE to Exclude Opinion of Raymond

Esposito 71 filed by Defendant United States of America. (Attachments: # 1

Exhibit Esposito CV, # 2 Exhibit Loss Prevention Study, # 3 Exhibit Esposito

Deposition, # 4 Exhibit Esposito Report, # 5 Exhibit Esposito Supp. Report, #

6 Exhibit M125 Specifications, # 7 Exhibit M125 MSDS, # 8 Exhibit CometMSDS, # 9 Exhibit COMAR Declaration, # 10 Exhibit West Marine

Procedures, # 11 Exhibit Security Signals Declaration, # 12 Exhibit Lee

Deposition, # 13 Exhibit Dept. of Transp. Letter)(Toomey, Zakary)


05/14/2013 79 OPPOSITION to MOTION IN LIMINE to Exclude Opinion of Gerald Haynes

72 filed by Defendant United States of America. (Attachments: # 1 Exhibit

M125 Specifications, # 2 Exhibit M125 MSDS, # 3 Exhibit Schroeder

Deposition, # 4 Exhibit Haynes Deposition, # 5 Exhibit Haynes Report, # 6

Exhibit Firefighter Narrative, # 7 Exhibit Pehrson Deposition, # 8 Exhibit

NFPA 921, # 9 Exhibit ASTM E-108, # 10 Exhibit Public Flare MSDS, # 11Exhibit Dept. of Transp. Letter, # 12 Exhibit Lee Deposition, # 13 Exhibit

Island Pyrochem, # 14 Exhibit Stevens Deposition, # 15 Exhibit Popp

Indictment, # 16 Exhibit Photo of Roof)(Toomey, Zakary) [Transferred from

cacd on 6/11/2013.]

05/17/2013 80 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall:

MOTION for Leave to file to Exceed Page Limit Regarding Their

Memorandum in Opposition to Defendant's Motion for Summary Judgment is

denied 75 . (jl) [Transferred from cacd on 6/11/2013.]

05/20/2013 81 NOTICE OF MOTION AND MOTION for Leave to file Revised

Memorandum in Opposition to Defendant's Motion For Summary Judgment

filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks US




Nichido Fire Insurance Company Ltd. Motion set for hearing on 6/4/2013 at

10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Exhibit 1, #


0 of 24 6/13/13 1:16


21/24

2 Exhibit 2)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.]

05/21/2013 82 REPLY In Support Motion MOTION IN LIMINE to Exclude Opinion of

Raymond Esposito 71 filed by Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd. (Endelman, Alyssa)


05/21/2013 83 REPLY In support of Motion MOTION IN LIMINE to Exclude Opinion of

Gerald Haynes 72 filed by Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit

1)(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.]

05/21/2013 84 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T.Bristow Telephone Conference set for 5/23/2013 10:00 AM before Magistrate

Judge David T. Bristow. Call in number: 1800-356-8278, Code:

200327THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS

ENTRY.(dts) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.]

05/21/2013 85 REPLY IN SUPPORT OF MOTION for Summary Judgment 68 filed by

Defendant United States of America. (Attachments: # 1 Exhibit Deposition of

Carpenter, # 2 Exhibit DOT Letter re: 1.3G, # 3 Exhibit Deposition of Catlin, #

4 Exhibit Declaration of Enright-LaMere, # 5 Exhibit MCO 3570.1B)(Toomey,

Zakary) [Transferred from cacd on 6/11/2013.]

05/21/2013 86 REPLY MEMORANDUM IN SUPPORT OF MOTION for Summary

Judgment 68 filed by Defendant United States of America. (Toomey, Zakary)


05/22/2013 87 NOTICE OF CLARIFICATION filed by Defendant United States of America

re: Reply (Motion related), 85 , Reply (Motion related) 86 (Toomey, Zakary)


05/23/2013 92 MINUTES OF TELEPHONIC CONFERENCE RE SETTLEMENT

CONFERENCE held before Magistrate Judge David T. Bristow: The Court

ordered the parties to meet and confer and to exchange updated settlement

offers. The settlement conference will go forward as scheduled on Thursday,May 30, 2013, at 9:30am. Court Recorder: RS-4 5-23-13. (ad) [Transferred

from cacd on 6/11/2013.] (Entered: 05/28/2013)

05/24/2013 88 NOTICE OF MOTION AND MOTION to Strike Portions of MOTION for

Leave to file Revised Memorandum in Opposition to Defendant's Motion For

Summary Judgment 81 , MEMORANDUM in Opposition to Motion,,, 76 filed


1 of 24 6/13/13 1:16


22/24

by DEFENDANT United States of America. Motion set for hearing on


Exhibit Memorandum, # 2 Exhibit Schroeder Affidavit, # 3 Exhibit Sch./Pehrs

1st Report, # 4 Exhibit Haynes Report, # 5 Exhibit Esposito Report, # 6 Exhibit

Esposito Supp. Report, # 7 Exhibit O'Kelly Report, # 8 Exhibit Schroeder

Deposition, # 9 Exhibit Pehrson Deposition, # 10 Exhibit Esposito Deposition,

# 11 Exhibit Haynes Deposition, # 12 Exhibit Scheduling Emails, # 13 ExhibitSchr./Pehrs 2nd Report)(Toomey, Zakary) [Transferred from cacd on

6/11/2013.]

05/28/2013 89 MINUTES (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall:

granting 81 Motion for Leave to File Revised Memorandum in Opposition to

Defendant's Motion for Summary Judgment. Revised Memorandum in

Opposition shall be filed on or before May 28, 2013 at 5:00 P.M. (jl)


05/28/2013 90 MEMORANDUM in Opposition to MOTION for Summary Judgment 68

Revisedfiled by Plaintiffs Ace American Insurance Company, Allianz Global

Risks US Insurance Company, Certain Underwriters at Lloyds of London,

General Security Indemnity Company of Arizona, Liberty Mutual Fire

Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine

and Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred


05/28/2013 91 SCHEDULING NOTICE (IN CHAMBERS) by Judge Consuelo B. Marshall

on Motion for Summary Judgment 68 previously scheduled for 6/4/2013 10:00

am has been continued to 6/27/2013 at 09:00 AM before Judge Consuelo B.

Marshall. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS

ENTRY.(ae) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.]

05/29/2013 93 MEMORANDUM in Opposition to MOTION to Strike Portions of MOTION

for Leave to file Revised Memorandum in Opposition to Defendant's Motion

For Summary Judgment 81 , MEMORANDUM in Opposition to Motion,,, 76

88 filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks

US Insurance Company, Certain Underwriters at Lloyds of London, General



Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit A - Rebuttal

Report of Daniel O'Kelly, # 2 Exhibit B - Supplemental Expert Report of Drs.

Schroeder and Pehrson, # 3 Exhibit C - Scheduling Order, # 4 Exhibit D -

Scheduling E-Mails, # 5 Exhibit E - Lee Declaration, # 6 Exhibit F - O'KellyE-Mails, # 7 Exhibit G - Haynes Expert Report, # 8 Exhibit H - Excerpts from

Schroeder Deposition, # 9 Exhibit I - Excerpts from Hanyes Deposition)

(Denenberg, Todd) [Transferred from cacd on 6/11/2013.]

05/30/2013 95 MINUTES OF Settlement Conference held before Magistrate Judge David T.

Bristow: The case was called for a settlement conference. Attorney Todd B.


2 of 24 6/13/13 1:16


23/24

Denenberg appeared on behalf of plaintiffs. Assistant United States Attorney

Zakary Kendall Toomey appeared on behalf of defendant United States of

America. The Court and counsel discussed the status of the case. After

consultation with counsel it was determined that the settlement conference

would not be productive at this time, in light of defendants pending motion for

summary judgment. The Court set a telephonic conference on July 3, 2013, at

10:00 a.m. and a second settlement conference on July 11, 2013, at 9:30 a.m.before Magistrate Judge David T. Bristow. Court Reporter: RS- 4 5-23-13. (am)

[Transferred from cacd on 6/11/2013.] (Entered: 06/04/2013)

06/04/2013 94 MINUTE ORDER IN CHAMBERS: by Judge Consuelo B. Marshall.

MOTION of Defendant United States to Strike Portions of Plaintiffs' Response

to the United States Motion for Summary Judgment is continued to 6/27/2013

at 09:00 AM before Judge Consuelo B. Marshall. 88 (jl) [Transferred from

cacd on 6/11/2013.]

06/04/2013 96 ORDER by Judge Consuelo B. Marshall: granting 70 Request to Substitute

Attorney Erin M Lahey for Plaintiffs Ace American Insurance Company,




Marine and Nichido Fire Insurance Company Ltd, as attorney of record instead

of Attorney Pamela Judith Gelman. (lom) [Transferred from cacd on

6/11/2013.] (Entered: 06/05/2013)

06/07/2013 97 ORDER GRANTING MOTION TO TRANSFER VENUE TO THE

EASTERN DISTRICT OF WISCONSIN 36 by Judge Consuelo B. Marshall.

For the reasons stated above, the Court GRANTS Defendant's Motion to

Transfer Venue and DENIES WITHOUT PREJUDICE Defendant's Motion to

Bifurcate Proceedings. The Court Hereby ORDERS the Case be transferred to

the Eastern District of Wisconsin at Milwaukee. MD JS-6. Case Terminated.

(Attachments: # 1 Transmittal Letter) (lom) [Transferred from cacd on

6/11/2013.] (Entered: 06/10/2013)

06/11/2013 98 Case transferred in from District of California Central; Case Number 2:12-cv-

02254. Original file certified copy of transfer order and docket sheet received.

06/11/2013 NOTICE Regarding assignment of this matter to Magistrate Judge Aaron E.

Goodstein; Consent/refusal forms for Magistrate Goodstein to be filed within

21 days; the consent/refusal form is available on our web site. Pursuant to Civil

Local Rule 7.1 a disclosure statement is to be filed upon the first filing of anypaper and should be filed now if not already filed. (lls)

06/11/2013 99 LETTER from clerk to Atty. Lahey re: transfer of this case to our district and

asking for consent/refusal form and disclosure statement to be filed. (lls)

06/12/2013 100 Refusal to Jurisdiction by US Magistrate Judge by United States of America.

(Toomey, Zakary)


3 of 24 6/13/13 1:16


24/24

06/12/2013 101 REPLY filed by United States of America re 88United States' Motion to Strike.

(Attachments: # 1 Exhibit US Supp. Discl. Ltr, # 2 Exhibit M125 MSDS, # 3

Exhibit Esposito Dep.)(Toomey, Zakary)

06/13/2013 102 Consent to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Endelman,

Alyssa)

06/13/2013 Due to the non-consent of the parties, this case has been randomly reassignedto Judge J P Stadtmueller. Magistrate Judge Aaron E Goodstein no longer

assigned to the case. (vkb)
