MDM File No.: V

Transcription

1 MCELROY, DEUTSCH, MULVANEY 4 CARPENTER, LLP ATTORNEYS AT LAW 1300 MOUNT KEMBLE AVENUE P.O. BOX 2075 MORRISTOWN, NEW JERSEY (973) FACSIMILE (973) BRIAN SORENSEN Direct dial (973) bsorensen@mdmc-law.com April 30, 2018 VIA NYSCEF and FIRST CLASS MAIL Honorable Charles C. Merrell, J.S.C. Lewis County Courthouse 7660 North State Street, Room 203 Lowville, NY RE New York Asbestos Litigation - Oneida County Estate of Vincent Grey v. A.O. Smith Water Products Co., et al. Oneida County Index No. EFCA MDM File No. V Dear Judge Merrell As you can see from the enclosed Stipulation of Discontinuance, plaintiff's counsel has agreed to dismiss Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Edward Vogt Valve Company (improperly named as Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company) ("Flowserve US"), from the above-referenced matter. Accordingly, I am enclosing for Your Honor's signature, a proposed Order of Discontinuance with Prejudice, as to all crosselaims asserted against Flowserve US, copies of which are being simultaneously served on all counsel of record. If the Order meets with Your Honor's approval, and absent any objection from counsel, I respectfully request that Your Honor execute the enclosed order and return it to my attention in the enclosed envelope for filing and service. Your Honor's attention to this matter is appreciated. Respectfully submitted, McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP Briani slk Brian Sorensen Enclosure ce Matthew Tarasoff, Esq. (w/enclosure) All Counsel of Record (w/enclosure) NEW JERSEY NEW YORK PENNSYLVANIA CONNECTICUT MASSACHUSETTS COLORADO DELAWARE vl

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA DAVID J. GREY as Executor for the Estate of Index No. EFCA VINCENT GREY and TERESA GREY, Individually Plaintiffs, ORDER OF DISCONTINUANCE WITH - against - PREJUDICE AS TO A.O. SMITH WATER PRODUCTS CO., et al., Defendants. DEFENDANT FLOWSERVE US, INC. There having been no evidence presented against defendant Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Edward Vogt Valve Company (improperly named as Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company) ("Flowserve US"), and in accordance with the Case-Management Order in this action, defendant Flowserve US having given notice to all parties of its application seeking dismissal of plaintiff's Complaint against it and all defendants' cross-claims against it, and defendant Flowserve US having served all parties with a copy of the proposed order to be submitted to the Court, and no party having objected to the entry of this Order; Now, on application of McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys for defendant Flowserve US; it is vl

3 ORDERED that plaintiff's claims against Flowserve US be and hereby are dismissed with prejudice and without costs to any party; and it is further ORDERED that judgment be, and the same hereby is, entered in favor of defendant Flowserve US, and against all other defendants, dismissing their cross-claims against defendant Flowserve US with prejudice and without costs. Dated Hon. Charles C. Merrell, J.S.C vl

4 INDEX NO. EFCA2 016 â NYSCEF DOC. NO. 44 RECEIVED NYSCEF 04/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA DAVID J. GREY as Executor for the Estate of Index No. EFCA VINCENT GREY and TERESA GREY, Individually Plaintiffs, STIPULATION OF DISCONTINUANCE - against - WITH PREJUDICE AS TO DEFENDANT FLOWSERVE US, INC. A.O. SMITH WATER PRODUCTS CO., et al., Defendants. IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the plaintiffs and the attorneys for the defendant Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Edward Vogt Valve Company (improperly named as Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company) ("Flowserve US") that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above action be and the same hereby is discontinued with prejudice against defendant Flowserve US without costs to either party as against the other. This Stipulation may be filed without further notice with the Clerk of the Court. WEITZ & LUXENBERG, LLP McELROY, DEUTSCH, MULVANEY & Attorneys for Plaintiffs CARPENTER, LLP Attorneys for Defendant Matthew Eli Tarasoff, Esq. Brian Sorensen, Esq. Dated Dated w j ~' 7 I'!' I'! vl of

5 ,';--' = "-''-", NYSCEF - Oneida County Supreme Court,{I-'-,~I, Confirmation Notice This is an automated response for Supreme Court cases. The NYSCEF site has received your electronically filed documents for the following case. EFCA DAVID J. GREY as Executor for the Estate of VINCENT GREY, and TERESA GREY, Individually, A.O. SMITH WATER PRODUCTS CO et al - v. - Assigned Judge Charles C Merrell Documents Received on 04/24/ AM Doc # Document Type Motion # 44 STIPULATION - DISCONTINUANCE (POST RJI) Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) Filing User Name Brian Jonathan Sorensen Phone # Address bsorensen@mdmc-law.com Fax # Work Address 225 Liberty St FL 36 New York, NY Notifications An notification regarding this filing has been sent to the following address(es) on 04/24/ AM ALFORD, KIRSTEN BETH - kirsten.kneis@klgates.com BLADEL, CHRISTOPHER BRIAN - cbladel@eckertseamans.com BRIDGE, CHARLES CHRISTOPHER - cbridge@gmclaw.com CHAMRA, CASEY THOMAS - cchamra@ofwvlaw.com DAVIE, STEPHEN S. - sdavie@mackenziehughes.com DREKSLER, ADAM SEAN - Adreksler@weitzlux.com GASIOR, JOAN M. - jgasior@renzullilaw.com GERNANT II, ERIC MICHAEL - egernant@mklaw.us.com GREENE, NORMAN E. - ngreene@bouvierlaw.com HANNAN, CHRISTOPHER PATRICK - channan@kjmsh.com NYSCEF Resource Center - EFile@nycourts.gov Phone (646) Fax (212) Website Page I of 2

6 'I I,..-'-".=;.,'-",, NYSCEF - Oneida County Supreme Court ' '.,ll'-'ji., Confirmation Notice EFCA DAVID J. GREY as Executor for the Estate of VINCENT GREY, and TERESA GREY, Individually, A.O. SMITH WATER PRODUCTS CO et al - v. - Assigned Judge Charles C Merrell HERRSCHER, MARY JO - mherrscher@phillipslytle.com HUGHES, BETH LYNN - beth.hughes@morgantewis.com KLEIN, GARY R - GKLEIN@WEITZLUX.COM MARIN, RICHARD P - rmarin@maringoodman.com O' O'ROURKE, PHILIP J - philip.o*rourke@iewisbrisbois.com POTENZA, V, CHRISTOPHER - vcp@hurwitzfine.com SCHAEFER JR, ROBERT ANTHONY - rschaefer@harrisbeach.com SMITH, LISA L. - Ismith@phillipslytle.com SORENSEN, BRIAN JONATHAN - bsorensen@mdmc-law.com TANENBAUM, MICHAEL A - mtanenbaum@tktrial.com TARASOFF, MATTHEW ELI - mtarasoff@weitzlux.com YAVITZ, JUDITH A - jyavitz@deybllp.com NOTE If submitting a working copy of this filing to the court, you must include as a notification page firmly affixed thereto a copy of this Confirmation Notice. NYSCEF Resource Center - EFile@nycourts.gov Phone (646) Fax (212) Website Page 2 of 2

7 ,.-;,' - =~ "."", NYSCEF Oneida.'.~~A<,),'' ' '' c'~.,.p Payment Receipt County Supreme Court This is an automated response for Supreme Court cases. The NYSCEF site has received your electronically filed documents for the following case. EFCA DAVID J. GREY as Executor for the Estate of VINCENT GREY, and TERESA GREY, Individually, A.O. SMITH WATER PRODUCTS CO et al - v. - Documents Received on 04/24/ AM Doc # Document Type Control # Motion # Fee 44 STIPULATION - DISCONTINUANCE $35.00 (POST RJI) Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) Total Fee $35.00 Payment Information Generated Receipt # Payment Type AMERICAN EXPRESS Date Paid 04/24/2018 Fee Amount $35.00 Authorization Code Comments Filing User Name Brian Jonathan Sorensen Phone # Address bsorensen@mdmc-law.com Fax # Work Address 225 Liberty St FL 36 New York, NY NYSCEF Resource Center - EFile@nycourts.gov Phone (646) Fax (212) Website Page I of I

8 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA ' DAVID J. GREY as Executor for the Estate of.index Index No. EFCA VINCENT GREY and TERESA GREY, Individually Plaintiffs, STIPULATION OF DISCONTINUANCE - against - WITH PREJUDICE AS TO A.O. SMITH WATER PRODUCTS CO., et al., DEFENDANT FLOWSERVE US, INC. Defendants. IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the plaintiffs and the attorneys for the defendant Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Edward Vogt Valve Company (improperly named as Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company) ("Flowserve US") that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above action be and the same hereby is discontinued with prejudice against defendant Flowserve US without costs to either party as against the other. This Stipulation may be filed without further notice with the Clerk of the Court. WEITZ & LUXENBERG, LLP McELROY, DEUTSCH, MULVANEY & Attorneys for Plaintiffs CARPENTER, LLP Attorneys for Defendant.â ~ -â Matthew Eli Tarasoff, Esq. Brian Sorensen, Esq. Dated Dated vl