On April 07, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Harry J Hampson,
and
Amchem Products, Inc., N K A Rhone Poulenc Ag Company, N K A Bayer Cropscience Inc,
Arvinmeritor, Inc., Individually And As Successor-In-Interest To Rockwell Automotive,
Cbs Corporation, F K A Viacom Inc., Successor By Merger To Cbs Corporation, F K A Westinghouse Electric Corporation,
Cummins, Inc,
Dco Llc F K A Dana Companies, Llc,
Eaton Corporation, Individually And As Successor -In-Interest To Cutler-Hammer, Inc,
General Electric Company,
Grizzly Friction Products, A Division Of Nuturn Corporation,
Hennessy Industries, Inc. Individually And As Successor-In-Interest To Ammco,
Honeywell International, Inc., F K A Allied Signal, Inc. Bendix,
Mack Trucks, Inc,
Mccord Corporation,
Morse Tec Llc, F K A Borg Warner Morse Tec Llc And Successor-By-Merger To Borg-Warner Corporation,
Navistar, Inc., A K A International Truck & Engine Corp. F K A International Harvester, Inc,
Paccar, Inc., Individually And Through Its Division, Peterbilt Motors Co,
Pfizer, Inc.,
Pneumo Abex Llc, Successor In Interest To Abex Corporation,
Standard Motor Products, Inc,
Union Carbide Corporation,
U.S. Rubber Company,
for Torts - Asbestos
in the District Court of Suffolk County.
Preview
Elizabeth A. Weill
| Partner
Direct 267.519.6863| eweill@goldbergsegalla.com
May 17, 2021
VIA E-MAIL and NYSCEF
Michael Fanelli, Esq.
Weitz & Luxenberg, P.C.
700 Broadway
New York, New York 10003
Re: Harry J. Hampson v. Amchem Products, Inc., et al.
Supreme Court of New York, Suffolk County
Index No.: 606219/2021
Our File No.: 11412.0422
Dear Counsel:
We are the attorneys for defendant Navistar, Inc., incorrectly sued as “Navistar, Inc., a/k/a
International Truck & Engine Corp. f/k/a International Harvester, Inc.”, in the above-referenced
case pending in Suffolk County, New York. Review of our file reveals no evidence that Plaintiff
Harry J. Hampson was exposed to any product of Navistar, Inc. or that Navistar, Inc.’s product
was the source of his alleged asbestos-related injuries. Nor was Navistar, Inc. identified at any
depositions in this matter.
Accordingly, we request that you execute the enclosed Stipulation of Discontinuance and
return it to me for filing with the court.
Thanks for your anticipated cooperation. Please feel free to contact me with any questions.
Very truly yours,
/s/ Elizabeth A. Weill
Elizabeth A. Weill
EAW:aa
Enclosure
cc: All Counsel of Record (w/enclosure via NYSCEF)
Office Location: 1700 Market Street, Suite 1418, Philadelphia, PA 19103-3907
|267.519.6800 |Fax: 267.519.6801 | www.goldbergsegalla.com
CALIFORNIA | CONNECTICUT | FLORIDA | ILLINOIS | NEW JERSEY | NEW YORK | NORTH CAROLINA | MARYLAND | MISSOURI | PENNSYLVANIA | UNITED KINGDOM
29939415.v1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
:
HARRY J. HAMPSON, :
Plaintiff, : ASBESTOS LITIGATION
:
- against - : Index No. 606219/2021
:
: STIPULATION OF
AMCHEM PRODUCTS, INC., n/k/a RHONE, : DISCONTINUANCE WITH
POULENC AG COMPANY, n/k/a BAYER : PREJUDICE AS TO
CROPSCIENCE, INC., et. al., : NAVISTAR, INC. ONLY
:
Defendants. :
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
attorneys for the Plaintiff and the Defendant, Navistar, Inc., incorrectly sued herein as “Navistar,
Inc., a/k/a International Truck & Engine Corp. f/k/a International Harvester, Inc.,” (hereinafter
"Navistar”), and their past and present parents, affiliates and subsidiaries and their predecessors
and successors in interest and their agents, heirs and assigns, 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, and the same is hereby discontinued
with prejudice, as to Navistar only, and without costs to either party as against the other. This
Stipulation does not affect the continuance of the above entitled action as against other named
parties.
This Stipulation may be filed without further notice with the Clerk of the Court.
Dated:_____________
Weitz & Luxenberg, P.C. Goldberg Segalla LLP
By:____________________________ By:________________________________
Michael Fanelli, Esquire Elizabeth A. Weill, Esquire
Attorneys for Plaintiff Attorneys for Defendant
700 Broadway Navistar, Inc.
New York, NY 10003 1700 Market Street, Suite 1418
Philadelphia, PA 19103
29939358.v1
AFFIDAVIT OF SERVICE
STATE OF NEW JERSEY )
) ss.:
COUNTY OF MERCER )
Anna Ashley, being duly sworn, deposes and says: deponent is not a party to this
action, is over 18 years of age and resides in Bucks County, Pennsylvania.
17"
On the day of May 2021, deponent served via Civil E-Filing, Electronic Mail
and U.S. Mail, DEFENDANT NAVISTAR, INC.'S PROPOSED STIPULATION OF
DISCONTINUANCE upon:
Michael Fanelli, Esquire
Weitz & Luxenberg, P.C.
Attorneys for Plaintiff
700 Broadway
New York, NY 10003
AND
ALL KNOWN DEFENSE COUNSEL OF RECORD
(Via Civil E-Filing)
Anna Ashley
Sworn to before me on
Motty ublic
Preview
Elizabeth A. Weill | Partner Direct 267.519.6863| eweill@goldbergsegalla.com May 17, 2021 VIA E-MAIL and NYSCEF Michael Fanelli, Esq. Weitz & Luxenberg, P.C. 700 Broadway New York, New York 10003 Re: Harry J. Hampson v. Amchem Products, Inc., et al. Supreme Court of New York, Suffolk County Index No.: 606219/2021 Our File No.: 11412.0422 Dear Counsel: We are the attorneys for defendant Navistar, Inc., incorrectly sued as “Navistar, Inc., a/k/a International Truck & Engine Corp. f/k/a International Harvester, Inc.”, in the above-referenced case pending in Suffolk County, New York. Review of our file reveals no evidence that Plaintiff Harry J. Hampson was exposed to any product of Navistar, Inc. or that Navistar, Inc.’s product was the source of his alleged asbestos-related injuries. Nor was Navistar, Inc. identified at any depositions in this matter. Accordingly, we request that you execute the enclosed Stipulation of Discontinuance and return it to me for filing with the court. Thanks for your anticipated cooperation. Please feel free to contact me with any questions. Very truly yours, /s/ Elizabeth A. Weill Elizabeth A. Weill EAW:aa Enclosure cc: All Counsel of Record (w/enclosure via NYSCEF) Office Location: 1700 Market Street, Suite 1418, Philadelphia, PA 19103-3907 |267.519.6800 |Fax: 267.519.6801 | www.goldbergsegalla.com CALIFORNIA | CONNECTICUT | FLORIDA | ILLINOIS | NEW JERSEY | NEW YORK | NORTH CAROLINA | MARYLAND | MISSOURI | PENNSYLVANIA | UNITED KINGDOM 29939415.v1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK : HARRY J. HAMPSON, : Plaintiff, : ASBESTOS LITIGATION : - against - : Index No. 606219/2021 : : STIPULATION OF AMCHEM PRODUCTS, INC., n/k/a RHONE, : DISCONTINUANCE WITH POULENC AG COMPANY, n/k/a BAYER : PREJUDICE AS TO CROPSCIENCE, INC., et. al., : NAVISTAR, INC. ONLY : Defendants. : IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Plaintiff and the Defendant, Navistar, Inc., incorrectly sued herein as “Navistar, Inc., a/k/a International Truck & Engine Corp. f/k/a International Harvester, Inc.,” (hereinafter "Navistar”), and their past and present parents, affiliates and subsidiaries and their predecessors and successors in interest and their agents, heirs and assigns, 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, and the same is hereby discontinued with prejudice, as to Navistar only, and without costs to either party as against the other. This Stipulation does not affect the continuance of the above entitled action as against other named parties. This Stipulation may be filed without further notice with the Clerk of the Court. Dated:_____________ Weitz & Luxenberg, P.C. Goldberg Segalla LLP By:____________________________ By:________________________________ Michael Fanelli, Esquire Elizabeth A. Weill, Esquire Attorneys for Plaintiff Attorneys for Defendant 700 Broadway Navistar, Inc. New York, NY 10003 1700 Market Street, Suite 1418 Philadelphia, PA 19103 29939358.v1 AFFIDAVIT OF SERVICE STATE OF NEW JERSEY ) ) ss.: COUNTY OF MERCER ) Anna Ashley, being duly sworn, deposes and says: deponent is not a party to this action, is over 18 years of age and resides in Bucks County, Pennsylvania. 17" On the day of May 2021, deponent served via Civil E-Filing, Electronic Mail and U.S. Mail, DEFENDANT NAVISTAR, INC.'S PROPOSED STIPULATION OF DISCONTINUANCE upon: Michael Fanelli, Esquire Weitz & Luxenberg, P.C. Attorneys for Plaintiff 700 Broadway New York, NY 10003 AND ALL KNOWN DEFENSE COUNSEL OF RECORD (Via Civil E-Filing) Anna Ashley Sworn to before me on Motty ublic