On June 09, 2021 a Order was filed involving a dispute between Paula A. Karnisky His Spouse, Paula A. Karnisky His Spouse, Robert A. Karnisky, and Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc., Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc., Alray Construction Corp. F K A Hebert Construction Corp., Alray Construction Corp. F K A Hebert Construction Corp., Armstrong International, Inc., Armstrong Pumps Inc., Aurora Pump Company, Cleaver-Brooks, Inc. F K A Aqua-Chem, Inc., Cleaver-Brooks, Inc. F K A Aqua-Chem, Inc., Clyde Union Inc. F K A Union Pump Company, Clyde Union Inc. F K A Union Pump Company, Crane Co., Elmer W. Davis Inc., Flowserve Corporation F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International, Flowserve Corporation F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International, Flowserve Us, Inc. Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company, Flowserve Us, Inc. Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company, Fmc Corporation Individually And As Successor To Northern Pump Company And Coffin, Fmc Corporation Individually And As Successor To Northern Pump Company And Coffin, Foster Wheeler Llc, Frontier Insulation Contractors, Inc. F K A Frontier Insulation And Asbestos, Inc., Frontier Insulation Contractors, Inc. F K A Frontier Insulation And Asbestos, Inc., Gardner Denver, Inc., General Electric Company, Goulds Pumps, Incorporated F K A Goulds Pumps Merger Corporation, Goulds Pumps, Incorporated F K A Goulds Pumps Merger Corporation, Grinnell Llc, Honeywell International Inc. F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation, Honeywell International Inc. F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation, Imo Industries Inc. Individually And As Successor In Interest To Imo Delaval, Imo Industries Inc. Individually And As Successor In Interest To Imo Delaval, Industrial Insulation Sales, Inc., Insulation Distributors, Inc., Itt Corporation F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow, Itt Corporation F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow, Mader Capital, Inc., Mader Plastering Corp., Met-Pro Technologies Llc A Ceco Environmental Company Successor By Merger To Met-Pro Corporation On Behalf Of Its Dean Pump Division, Met-Pro Technologies Llc A Ceco Environmental Company Successor By Merger To Met-Pro Corporation On Behalf Of Its Dean Pump Division, Neles-Jamesbury, Inc, Pfaudler, Inc., R.E. Hebert And Company, Inc., Riley Power Inc. F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation, Riley Power Inc. F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation, Rochester Acoustical Corp., Rochester Industrial Insulation, Inc., Spirax Sarco, Inc. Individually And As Successor To Sarco Company, Inc., Spirax Sarco, Inc. Individually And As Successor To Sarco Company, Inc., Spx Cooling Technologies, Inc. F K A Marley Cooling Technologies, Inc. F K A The Marley Cooling Tower Company, Spx Cooling Technologies, Inc. F K A Marley Cooling Technologies, Inc. F K A The Marley Cooling Tower Company, The Mader Corporation, The Marley-Wylain Company F K A Weil-Mclain, The Marley-Wylain Company F K A Weil-Mclain, The William Powell Company, Union Carbide Corporation, Velan Valve Corp., Viacomcbs, Inc., Warren Pumps Llc, Watts Water Technologies, Inc F K A Watts Industries, Inc, Individually And As Successor To Mueller Steam Specialty Company, Weir Valves & Controls Usa, Inc. D B A Atwood & Morrill Co., Inc., Weir Valves & Controls Usa, Inc. D B A Atwood & Morrill Co., Inc., William Summerhays' Sons Corporation, Zurn Industries, Llc Individually And As Successor In Interest To Erie City Iron Workers Corporation, Zurn Industries, Llc Individually And As Successor In Interest To Erie City Iron Workers Corporation, for Torts - Asbestos in the District Court of Monroe County.
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FILED: MONROE COUNTY CLERK 05/18/2022 04:46 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 05/18/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3082387 Book Page CIVIL Return To: No. Pages: 6 Christina R. Massoud 200 Elizabeth Street Instrument: ORDER Utica, NY 13502 Control #: 202205181474 Index #: E2021005118 Date: 05/18/2022 Karnisky, Robert A. Time: 4:42:31 PM Karnisky, Paula A. Air & Liquid Systems Corporation Alray Construction Corp. Armstrong International, Inc. Armstrong Pumps Inc. Aurora Pump Company Total Fees Paid: $0.00 Employee: CW State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 6 202205181474 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 05/18/2022 04:46 PM NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 05/18/2022 At a Term of the Supreme Court held for the County of Monroe, at the Oneida County Courthouse, Utica, NY, on the 10th day of May 2022. Hon. Erin P. Gall, Presiding SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District (Monroe County) Asbestos Litigation This Document Applies to: ROBERT A. KARN1SKY and PAULA A. KARNISKY, his spouse, Index No. E2021005118 - Plaintiffs, SECOND AMENDED SCHEDULING ORDER VS. AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., el al., Defendants. Pursuant to 22 NYCRR 202.12, a schedule for the completion of discovery in this action having been made by the Court, it is hereby ORDERED, the following discovery deadlines are in effect in the above-captioned asbestos case: 2 of 6 202205181474 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/18/2022 04:46 PM NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 05/18/2022 DATE EVENT COMPLETE Plaintiff to serve on Defendants or Defendants' record retrieval service, written authorizations for all medical personnel, union earnings, social security and tax documents; Plaintiff to provide Defendants' record retrieval service with copies of the above documents in their possession; Plaintiff to serve Proof of Claim information on Defendants to the extent any Proofs of Claim have been previously filed, or provide within thirty (30) days of the filing of Claims after this date; Plaintiff to serve product identification interrogatories and document requests upon Defendants. COMPLETE Plaintiff to serve Responses to Defendants' First Set of Interrogatories and Request for Production of Documents. See. 3iiy4th15thi6in,7th JDAL CHO VII(A)(2). COMPLETE Plaintiff to identify, by name, any non-party product identification or exposure witnesses, including co-workers, upon which Plaintiffs intend to rely to establish Plaintiff's alleged exposure to asbestos containing product(s). COMPLETE Plaintiff's discovery and video depositions to be conducted by this date. COMPLETE Plaintiffs co-worker/fact witness depositions to be conducted by this date. COMPLETE Last day for Plaintiff to serve witness list, exhibit list, and expert witness reports. COMPLETE Plaintiff's product identification discovery to be disclosed and completed. Plaintiff to file Trial Note of Issue. Discovery may continue by all parties past the Note of Issue filing date; however, Plaintiff's product identification discovery may not be disclosed after the Note of Issue unless on stipulation by all parties or motion for good cause shown. COMPLETE Impleader shall be completed by this date. Last day to amend the Complaint and/or Answer to add new parties without motion and leave of the Court. No Less Than 60 Days Defendants to respond to Plaintiffs' First Standard Set of After Service Liability Interrogatories and Request for Production of Documents. See 3 rdg0h/5thmthn t h JDAL CM0 VII(A)(2)(c). May I I, 2022 Plaintiff to provide to defense liaison counsel all original medical materials, including radiology and pathology. 2 3 of 6 202205181474 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/18/2022 04:46 PM NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 05/18/2022 DATE EVENT May 20, 2022 Defendants may serve on Plaintiff demands for product or contractor identification with request for short-form summary judgment motion. See 3rdmthishi6th t JDAL CMO XII(B)(2). May 31, 2022 Plaintiff shall respond to Defendants' demands for product or contractor identification with request for short-form summary judgment motion. If Plaintiff consents, a Defendant may file, on notice to all parties, a short-form motion for summary judgment (no-opposition summary judgment motion), returnable on a designated motion calendar date of the Court. June 14, 2022 Status conference to be held at Oneida County Courthouse, 200 Elizabeth Street, 2" Floor, Utica, New York at 11:00 A.M. June 17, 2022 Plaintiff to serve settlement demands. July 8, 2022 Deadline for all parties to file summary judgment motions (excluding no-opposition summary judgment motions, which may be filed at any time). Working copies must be sent to the Court Chambers at Oneida.County Supreme Court. July 26, 2022 Answering papers to dispositive motions to be filed. Working copies must be sent to the Court Chambers at Oneida County Supreme Court. August 2, 2022 Reply papers to dispositive motions to be filed. Working copies must be sent to the Court Chambers at Oneida County Supreme Court. August 9, 2022 Status conference to be held at Oneida County Courthouse, 200 Elizabeth Street, 2" Floor, Utica, New York at 11:00 A.M. Oral argument on opposed motions for summary judgment to be held at 1:30 P.M. October 11,2022 Status conference and initial settlement conference to be held at Oneida County Courthouse, 200 Elizabeth Street, 2" Floor, Utica, New York at 11:00 A.M. All counsel must have settlement authority on behalf of their respective clients, or a good-faith no-pay position. September 29, 2022 Last day for Defendants to serve fact witness lists, exhibit lists and expert reports or CPLR 3101(d) disclosures. 3 4 of 6 202205181474 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/18/2022 04:46 PM NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 05/18/2022 DATE EVENT October 6, 2022 All motions in limine are to be filed in Omnibus form, on Notice of Motion. Courtesy copies of motions must be received by the Court no later than this date. Oral argument on the motions in limine will be heard the date of jury selection, unless otherwise scheduled by the Court. October 17, 2022 Counsel for Plaintiff is to provide the Court with an ex pane Confidential Settlement Memorandum containing: (1) the name of• the managing settlement attorney for the file; (2) a description of the Plaintiff, including the exposure claimed, the date of diagnosis, the date of passing (if applicable) and the asbestos-related diagnosis; (3) a list of remaining Defendants; (4) the amount of each demand, and the identity of the primary target Defendant(s); and (5) and the factual predicate for liability for each remaining Defendant. Counsel for each remaining Defendant is to provide the Court with an ex pane Confidential Settlement Memorandum consisting of: (1) the settlement history involving similar claimants including, where applicable, with this specific Plaintiff's counsel; (2) the amount offered for settlement; and (3) the factual predicate of each claimed defense. Any Defendant intending to assert a good-faith, no-pay position at the Conference shall advise the Court and detail the merits supporting that position. These memoranda are for in-camera ex parte review by the Court only and should be sent to the attention of Chelsea Scaramuzzino at cscaramu nycourts.gov. October 19, 2022 Final pre-trial settlement conference to be held at Oneida County Courthouse, 200 Elizabeth Street, 2nd Floor, Utica, New York at 11:00 A.M. All counsel must have settlement authority on behalf of their respective clients, or a good-faith no-pay position. The managing settlement attorney responsible for Plaintiff and each remaining Defendant must appear personally except upon good cause. October 20, 2022 Opposition to motions in limine to be filed. Working copies must be sent to the Court Chambers at Oneida County Supreme Court. October 27, 2022 Reply papers to motions in limine to be filed.Working copies must be sent to the Court Chambers at Oneida County Supreme Court. 4 5 of 6 202205181474 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/18/2022 04:46 PM NYSCEF DOC. NO. 138 RECEIVED NYSCEF: 05/18/2022 DATE EVENT October 31, 2022 Deadline to submit proposed jury charges and special verdict sheets to Chambers to the attention of Chelsea Scaramuzzino at cscaramu@nycourts.gov. Proposed jury charges must include the PJI section number and title of the charge. If a deviation from the language in the PJI is sought, counsel must provide the text of the proposed charge, with citations to relevant legal authority. November 3, 2022 Jury Selection to be held at Monroe County Courthouse, 99 Exchange Blvd., Rochester, NY at 9:30 A.M. Dated: Utica, N May Jgt, 2022 r HON. ER! P. GALL J. ENTER 5 6 of 6