SPIEWAK v. A.O. SMITH WATER PRODUCTS

No. 1:17-CV-40 (FJS/DJS).

THOMAS SPIEWAK and ELLEN SPIEWAK, Plaintiffs, v. A.O. SMITH WATER PRODUCTS; ARMSTRONG INTERNATIONAL, INC.; AVOCET ENTERPRISES, INC., formerly known as Ventfabrics Inc.; BINGHAMTON HARDWARE & HVAC SUPPLY CORP.; BIRD INCORPORATED, formerly known as Bird & Son, Inc.; BOEING COMPANY, individually and as successor to McDonnell Douglas; BORGWARNER MORSE TEC LLC; BURNHAM CORPORATION; CBS CORPORATION, a Delaware Corporation formerly known as Viacom Inc., successor by merger to CBS Corp., a Pennsylvania Corp. formerly known as Westinghouse Electric Corporation; CERTAIN-TEED CORPORATION; COLONIAL PLUMBING AND HEATING SUPPLY, INC.; CURTISS WRIGHT FLOW CONTROL CORPORATION, individually and as successor to Farris Valves and/or Sprague Pumps; DAP, INC., formerly known as La Mirada Products Co., Inc.; DURO DYNE CORPORATION; EATON CORPORATION, individually and now known as Eaton Electrical, Inc. and as successor to the Vickers Pump Company and Cutler Hammer, Inc.; FORD MOTOR COMPANY; FOSTER WHEELER, LLC; GENERAL ELECTRIC COMPANY; GEORGIA-PACIFIC CORPORATION, individually and as successor to Bestwall Gypsum Company; GOODRICH CORPORATION, individually and as successor in interest to the Cleveland Pneumatic Company, a Division of the Pneumo Abex Corporation, a wholly owned subsidiary of Abex, Inc. formerly known as B.F. Goodrich Company; GOODYEAR CANADA, INC.; GOODYEAR TIRE & RUBBER COMPANY (THE); HENDERSON-JOHNSON CO. INC.; HONEYWELL INTERNATIONAL, INC., as successor-in-interest to The Bendix Corp. formerly known as Allied Signal, Inc.; IMO INDUSTRIES, INC., individually and as successor to Turbine Equipment Company formerly known as Delaval, Inc.; LOCKHEED MARTIN CORPORATION, individually and as successor by merger to Lockheed Corporation; MCDONNELL DOUGLASS CORPORATION; METROPOLITAN LIFE INSURANCE COMPANY; NEW YORKER BOILER COMPANY, INC.; OWENS ILLINOIS, INC.; PARKER-HANNIFIN CORPORATION, individually and as successor by merger to Stratoflex, Inc. (Cleveland Brake Division); PEERLESS INDUSTRIES, INC.; RHEEM MANUFACTURING CORP.; SECURITY SUPPLY CORPORATION; SYRACUSE SUPPLY COMPANY; T.J. BELL & CO., INC.; UNION CARBIDE CORPORATION; UNITED TECHNOLOGIES CORPORATION, individually and as successor to Pratt Whitney (Pratt & Whitney/Aircraft Division); YORK INTERNATIONAL CORPORATION, individually and as successor to Frick Company; EATON AEROQUIP, formerly known as Aeroquip Corporation, Defendants.

United States District Court, N.D. New York.

January 23, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Petition for Removal - Asbestos Litigation
Nature of Suit: 368 P.I. : Asbestos
Source: PACER


Attorney(s) appearing for the Case

Thomas Spiewak, Plaintiff, represented by Richard M. White , Office of Richard M. White.

Ellen Spiewak, Plaintiff, represented by Richard M. White , Office of Richard M. White.

Armstrong International, Inc., Defendant, represented by Thomas M. Beneventano , La Sorsa, Beneventano Law Firm.

Avocet Enterprises, Inc., Defendant, represented by Casey Chamra , O'Toole Fernandez Weiner Van Lieu, LLC & Steven A. Weiner , O'Toole Fernandez Weiner Van Lieu, LLC.

Binghamton Hardware & HVAC Supply Corp., Defendant, represented by William A. Cooney , Barry, McTiernan Law Firm.

Bird Incorporated, Defendant, represented by Carol G. Snider , Barclay Damon LLP - Buffalo Office.

Boeing Company, Defendant, represented by Erik C. DiMarco , Gordon & Rees LLP - New York Office & Virginia P. Squitieri , Gordon & Rees LLP - New York Office.

Borgwarner Morse Tec LLC, Defendant, represented by Anna M. DiLonardo , Marshall Dennehey Warner Coleman & Goggin.

CBS Corporation, Defendant, represented by Michael A. Tanenbaum , Sedgwick LLP - Newark Office.

Certain-Teed Corporation, Defendant, represented by Judith A. Yavitz , Darger, Errante Law Firm.

Colonial Plumbing and Heating Supply, Inc., Defendant, represented by Peter S. Marlette , Barclay Damon LLP - Buffalo Office.

Curtiss Wright Flow Control Corporation, Defendant, represented by Christian H. Gannon , Segal, McCambridge Law Firm - New York Office.

DAP, Inc., Defendant, represented by Eric M. Gernant , McGivney, Kluger Law Firm - Syracuse Office.

Eaton Corporation, Defendant, represented by Joseph P. LaSala , McElroy, Deutsch Law Firm - Morristown NJ Office.

Ford Motor Company, Defendant, represented by Robert J. Mullins, II , Gibson, McAskill Law Firm.

Foster Wheeler, LLC, Defendant, represented by Dennis E. Vega , Sedgwick LLP - Newark Office & Michael A. Tanenbaum , Sedgwick LLP - Newark Office.

General Electric Company, Defendant, represented by Michael A. Tanenbaum , Sedgwick LLP - Newark Office.

Georgia-Pacific Corporation, Defendant, represented by Christian J. Soller , Hodgson, Russ Law Firm - Albany Office.

Goodrich Corporation, Defendant, represented by Patrick J. Dwyer , Smith, Stratton Law Firm.

Goodyear Canada, Inc., Defendant, represented by Mary Jo Herrscher , Phillips Lytle LLP - Buffalo Office.

Goodyear Tire & Rubber Company (THE), Defendant, represented by Mary Jo Herrscher , Phillips Lytle LLP - Buffalo Office.

Honeywell International, Inc., Defendant, represented by Michael J. Masino , Harris, Beach Law Firm - Pittsford Office.

Lockheed Martin Corporation, Defendant, represented by Anna M. DiLonardo , Marshall Dennehey Warner Coleman & Goggin.

McDonnell Douglass Corporation, Defendant, represented by Erik C. DiMarco , Gordon & Rees LLP - New York Office & Virginia P. Squitieri , Gordon & Rees LLP - New York Office.

Owens Illinois, Inc., Defendant, represented by Paul A. Scrudato , Schiff, Hardin Law Firm - New York Office.

Parker-Hannifin Corporation, Defendant, represented by Richard O'Leary , Troutman, Sanders Law Firm - NY Office.

Peerless Industries, Inc., Defendant, represented by Philip J. O'Rourke , Lewis, Brisbois Law Firm - New York Office.

Rheem Manufacturing Corp., Defendant, represented by Mark S. Nemeth , Feldman, Kieffer Law Firm.

Security Supply Corporation, Defendant, represented by William A. Cooney , Barry, McTiernan Law Firm.

Syracuse Supply Company, Defendant, represented by David E. Richman , Rivkin, Radler Law Firm.

Union Carbide Corporation, Defendant, represented by Judith A. Yavitz , Darger, Errante Law Firm.

United Technologies Corporation, Defendant, represented by Timothy J. McHugh , Lavin, O'Neil Law Firm - New York Office.


ORDER

On January 13, 2017, Defendant Lockheed Martin Corporation filed a Notice of Removal pursuant to 28 U.S.C. § 1442(a). See Dkt. No. 1. Under § 1442, joinder of the other Defendants in this action was not necessary. However, as 28 U.S.C. § 1446(d) requires, Defendant...

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