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06-4419 - ANTHONY v. SMALL TUBE MANUFACTURING CORP. et al


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06-4419 - ANTHONY v. SMALL TUBE MANUFACTURING CORP. et al
September 27, 2007
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OPINION AND ORDER THAT PLAINTIFF'S MOTION FOR REMAND IS DENIED. IT IS FURTHER ORDERED THAT THE REQUEST OF DEFENDANT CABOT CORPORATION FOR ITS COUNSEL FEES AND EXPENSES IN OPPOSING PLAINTIFF'S MOTION IS DENIED WITHOUT PREJUDICE FOR DEFENDANT CABOT CORPORATION TO FILE A FORMAL MOTION FOR COUNSEL FEES AND EXPENSES. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/27/07. (Attachments: # (1) Opinion) 9/27/07 ENTERED AND COPIES E-MAILED.(mas, )
September 28, 2007
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OPINION AND ORDER THAT THE MOTION OF DEFT. BRUSH WELLMAN INC. TO DISMISS AMENDED 3RD PARTY COMPLAINT IS DENIED. IT IS FURTHER ORDERED THAT 3RD PARTY DEFT. BRUSH WELLMAN INC. SHALL HAVE UNTIL 10/19/07 TO FILE AN ANSWER TO TUBE METHODS, INC.'S AMENDED 3RD PARTY COMPLAINT. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/28/07. (Attachments: # (1) Opinion) 9/28/07 ENTERED AND COPIES E-MAILED.(er, )
July 3, 2008
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MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED WITH REGARD TO THE DETERMINATION THAT PLAINTIFFS' RESPONSE TO REQUESTS FOR ADMISSION NOS. 1-3, 16-19, 21-23, AND 32 ARE INSUFFICIENT. THE MOTION IS DENIED WITH REGARD TO A DEEMED ADMISSION TO REQUEST FOR ADMISSION NOS. 1-3, 16-19, 21-23, AND 32. PLAINTIFF MAY AMEND HIS RESPONSES IN ACCORDANCE WITH THIS MEMORANDUM AND ORDER BY PROVIDING SUFFICIENT RESPONSES WITHIN FIFTEEN (15) DAYS OF THE DATE OF THIS ORDER. SHOULD PLAINTIFF FAIL TO AMEND HIS RESPONSES WITHIN THIS TIME PERIOD, THE REQUESTS WHICH ARE TH SUBJECT OF THIS MOTION SHALL BE DEEMED ADMITTED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 7/2/08. 7/3/08 ENTERED AND COPIES MAILED, E-MAILED.(mas, )
September 30, 2008
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ORDER AND OPINION THAT THE JOINT MOTION FOR SUMMARY JUDGMENT OF ALL DEFENDANTS IS GRANTED. IT IS FURTHER ORDERED THAT SUMMARY JUDGMENT IS GRANTED IN FAVOR OF DEFENDANTS SMALL TUBE MANUFACTURING CORP., DOING BUSINESS AS SMALL TUBE PRODUCTS CORP., INC.; ADMIRAL METALS, INC.; TUBE METHODS, INC.; AND CABOT CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CABOT BERYLCO, INC., KAWECKI BERYLCO INDUSTRIES, INC. AND THE BERYLLIUM CORPORATION C/O C.T. CORPORATION SYSTEMS; AND AGAINST PLAINTIFF GARY ANTHONY, BOTH INDIVIDUALLY AND IN HIS REPRESENTATIVE CAPACITY. IT IS FURTHER ORDERED THAT PLAINTIFFS CLASS ACTION COMPLAINT IS DISMISSED. IT IS FURTHER ORDERED THAT THE JOINT MOTION FOR SUMMARY JUDGMENT OF THIRD-PARTY DEFENDANT BRUSH WELLMAN, INC. AND THE JOINDER OF THIRD-PARTY DEFENDANTS AMETEK, INC. AND MILLENNIUM PETROCHEMICALS, INC., FORMERLY KNOWN AS NATIONAL DISTILLERS AND CHEMICAL CORPORATION, ARE EACH DISMISSED AS MOOT. IT IS FURTHER ORDERED THAT IN THE EVENT PLAINTIFF BECOMES SENSITIZED TO BERYLLIUM, THAT IS IF AND WHEN HE HAS A POSITIVE BERYLLIUM LYMPHOCYTE PROLIFERATION TEST (BELPT), OR DEVELOPS CHRONIC BERYLLIUM DISEASE (CBD), THE DISPOSITION OF THE WITHIN ACTION SHALL NOT PRECLUDE PLAINTIFF FROM FILING ANY FUTURE ACTION FOR MEDICAL MONITORING AS A RESULT OF THE ALLEGED BERYLLIUM EXPOSURE WHICH IS THE SUBJECT OF PLAINTIFFS CLASS ACTION COMPLAINT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/08. (Attachments: # (1) OPINION) 10/1/08 ENTERED AND COPIES E-MAILED AND MAILED.(er, ) Modified on 10/1/2008 (er, ).