NOTICE OF DOCKET ERROR AND REQUEST TO RESTORE PARTIES TO THE DOCKET
CHARLES R. BREYER, District Judge.
TO THE COURT AND ALL ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that it has come to plaintiff's attention that the following viable defendants and remaining parties to this action are missing from the Court's docket: TRANE US, INC. FKA AMERICAN STANDARD, INC.; THOMAS DEE ENGINEERING COMPANY; FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION); GENERAL ELECTRIC COMPANY; INGERSOLL-RAND COMPANY; OWENS-ILLINOIS, INC.; PARKER-HANNIFIN CORPORATION; AND J.T. THORPE & SON, INC.
In addition, the following defendants are incorrectly marked "Terminated" on the Court's docket, as they still remain active parties in the action: CARRIER CORPORATION and HUNTINGTON INGALLS INCORPORATED (FKA NORTHROP GRUMMAN SHIPBUILDING, INC.).
Plaintiff filed his complaint for Personal Injury against various defendants, including those listed in Paragraphs One and Two, above, in San Francisco Superior Court ("SFSC") on April 25, 2012. On June 22, 2012, defendant, Huntington Ingalls Incorporated (fka Northrop Grumman Shipbuilding, Inc.) filed a Notice of Removal of that case to the U.S. District Court, Northern District of California ("NDCA") where it was given the Case No. CV-12-03260-SBA. Doc 1. At that time, none of the Paragraph One defendants had appeared in the SFSC action and were not put on the docket of NDCA Case No. 03260. On June 29, 2012, defendant, Puget Sound Commerce Center, Inc. (fka Todd Shipyards Corporation) filed its own Notice of Removal of that same SFSC action to the NDCA, where it was given Case No. CV-12-03432-SC. Doc 1. All of the above-listed defendants in Paragraph One, except for INGERSOLL-RAND COMPANY, were put on the docket for NDCA Case No. 03432. Subsequently, both NDCA cases were transferred to the Eastern District of Pennsylvania ("EDPA") and were given the Case Nos. of 2:12-cv-60168-ER and 2:12-cv-60185-ER, respectively. These two cases were consolidated in the EDPA under Case No. 60168 per Order dated September 10, 2012. Doc 12. On February 26, 2013, plaintiff amended his complaint in the EDPA to add defendant, INGERSOLL-RAND COMPANY.
The list of remaining active defendants in Plaintiff's September 15, 2014 Response to Order to Show Cause in the EDPA, Doc 83, included all the above-listed defendants in Paragraph One. However, when the case was remanded to the NDCA on September 30, 2014, NDCA Doc 17, these defendants (see Page 14 of NDCA Doc 17) were not on the NDCA's docket.
TRANE US, INC. FKA AMERICAN STANDARD, INC.; THOMAS DEE ENGINEERING COMPANY; FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION); GENERAL ELECTRIC COMPANY; INGERSOLL-RAND COMPANY; OWENS-ILLINOIS, INC.; PARKER-HANNIFIN CORPORATION; J.T. THORPE & SON, INC., CARRIER CORPORATION and HUNTINGTON INGALLS INCORPORATED (FKA NORTHROP GRUMMAN SHIPBUILDING, INC.), remain as active and viable defendants in this action. Since this case has had little activity since its remand, defendants would not be prejudiced by being properly returned to the docket as parties in this case.
Plaintiff, therefore, respectfully requests that defendants, TRANE US, INC. FKA AMERICAN STANDARD, INC.; THOMAS DEE ENGINEERING COMPANY; FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION); GENERAL ELECTRIC COMPANY; INGERSOLL-RAND COMPANY; OWENS-ILLINOIS, INC.; PARKER-HANNIFIN CORPORATION; J.T. THORPE & SON, INC., CARRIER CORPORATION and HUNTINGTON INGALLS INCORPORATED (FKA NORTHROP GRUMMAN SHIPBUILDING, INC.), be restored as active parties on the Court's docket.1
In addition, CLEAVER-BROOKS, INC. and CRANE CO. have not been named in this action and are therefore not parties to this action. Defendant, PUGET SOUND COMMERCE CENTER, INC. was named in this action, but was subsequently dismissed. EDPA Doc 51. Plaintiff, therefore, further requests that the following parties be removed from the Court's docket, as they are not parties to this action: CLEAVER-BROOKS, INC., CRANE CO. Plaintiff further requests that defendant, PUGET SOUND COMMERCE CENTER, INC., be marked Terminated.
EXHIBIT A
PROOF OF SERVICE BY MAIL
I am employed in the County of Sonoma, State of California, I am over the age of 18 years and am not a party to the within action. My business address is 1324 Rand Street, Petaluma, California 94954.
On NOV 03, 2014, I served the within:
— ORDER REASSIGNING CASE TO HONORABLE CHARLES R. BREYER;
— CONDITIONAL REMAND ORDER;
— ORDER OF REFERENCE;
— ORDER RE: SETTLEMENT STATUS
on the interested parties in this action by transmitting a true copy thereof in the following manner.
I placed in a sealed envelope, postage thereon prepaid, addressed and served as follows:
SEE ATTACHED SERVICE LIST
BY MAIL SERVICE: I am readily familiar with the business practice at
my place of business for collection and processing
of correspondence for delivery by mail.
Correspondence so collected and processed is
deposited with the United States Postal Service on
the same day in the ordinary course of business.
On the above date the said envelope was collected
for the United States Postal Service following
ordinary business practices.
Executed NOV 03, 2014, at Petaluma, California.
I declare under penalty of perjury under the laws of the STate of California that the foregoing is true and correct
PROOF OF SERVICE BY MAIL
I am employed in the County of Marin, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 222 Rush Landing Road, P.O. Box 6169, Novato, California 94948-6169.
On 11/17/14 , I served the following document(s) described as:
NOTICE OF ERROR AND REQUEST TO RESTORE
on the interested party(ies) in this action as follows:
SEE ATTACHED LIST
___ BY PERSONAL MAILING:
I deposited in the U.S. Mail at Novato, California, the above-described document(s), in a sealed envelope, with postage fully prepaid, addressed to the party(ies) as stated above.
X BY OFFICE MAILING
I am readily familiar with this office's practice of collection and processing correspondence, pleadings and other matters for mailing with the United States Postal Service on that same day with postage thereon fully prepaid at Novato, California in the ordinary course of business. I placed in the outgoing office mail, the above-described document(s), in a sealed envelope, addressed to the party(ies) as stated above, for collection and processing for mailing the same day of accordance with ordinary office practices.
Executed 11/17/14 , at Novato, California.
I declare under penalty of perjury under the under the laws of the State of California that the foregoing is true and correct.
__________________
Erika A. Bambauer
