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STARNES v. A.O. SMITH CORPORATION

No. 1:12-cv-360.

Ralph O'Neil Starnes and Betty Starnes, spouse, Plaintiffs, v. A.O. Smith Corporation; Air & Liquid Systems Corporation (sued as successor-by-merger to Buffalo Pumps, Inc.) American Cast Iron Pipe Company d/b/a American Darling Value (sued as successor to Darling Valve & Mfg. Co. f/k/a Darling Pump & Mfg. Co., Ltd); Blackmer Pump Company; Burnham LLC f/k/a Burnham Corporation; BW/IP International, Inc., sued individually and as successor-in-interest to Byron Jackson Pump Company; Carrier Corporation (sued individually and d/b/a Bryant Heating & Cooling Systems); CBS operation (a Delaware Corporation) f/k/a Viacom, Inc. (sued as successor-by-merger to CBS Corporation (a Pennsylvania Corporation f/k/a Westinghouse Electric Corporation); Cleaver-Brooks, Inc. f/k/a Aqua-Chem, Inc., d/b/a Cleaver-Brooks Division; Clow Valve Company; Converse, Inc.; Crane Co. (sued individually and as successor-in-interest to Chapman Valve Company, Cochrane Corporation, and Deming Pump Company); Crane Environmental, Inc. (sued individually and as successor-in-interest to Cochrane Corporation); Crosby Valve, Inc.; Crown Boiler Company f/k/a Crown Industries, Inc.; Crown Cork & Seal Company, Inc. (sued individually and as successor-in-interest to Mundet Cork Company); Cyprus Amax Minerals Company (sued as successor to Sierra Talc Company and United Talc Company); Dover Corporation (sued as successor to Blackmer Pump Co.); Elliott Turbo Machinery Company a/k/a Elliott Company; Fisher Controls International, LLC Flowserve Corporation f/k/a The Duriron Company, Inc. (sued as successor-by-merger to Durco International); Flowserve US, Inc. (sued as successor to Byron Jackson Pump Company); FMC Corporation (sued individually and as successor-in-interest to Peerless Pump Company); Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Georgia-Pacific, LLC, f/k/a Georgia-Pacific Corporation; The Goodyear Tire & Rubber Company (sued individually and as successor-in-interest to Durabla Manufacturing Company); Goulds Pumps, Inc.; Grinnell LLC d/b/a Grinnell Corporation; Hanson Aggregates West, Inc. (sued individually and as successor-in-interest to Kaiser Cement Corporation and/or Kaiser Gypsum Company, Inc.); Hanson Building Materials America, Inc. (sued individually and/or as successor-in-interest to Hanson Aggregates West, Kaiser Cement Corporation and/or Kaiser Gypsum Company, Inc.); Hanson Permanente Cement, Inc. f/k/a Kaiser Cement Corporation (sued individually and as successor-in-interest to Kaiser Gypsum Company, Inc.); Henry Pratt Company, LLC, d/b/a Henry Pratt Company; Honeywell International, Inc; IMO Industries, Inc. (sued individually and as successor-in-interest to Delaval Turbine, Inc.; Ingersoll Rand Company; Invensys Systems, Inc. (sued individually and as successor-in-interest to The Foxboro Company and to Robertshaw Controls Company d/b/a Fulton Sylphon Valves); ITT Corporation f/k/a ITT Industries, Inc. (sued individually and as successor-in-interest to Bell & Gossett, to McDonnell & Miller, and to Foster Engineering Company); Jerguson Gage & Valve Company; John Crane, Inc.; Johnston Boiler Company; Kaiser Gypsum Company, Inc.; Kohler Co.; Laars Heating Systems Co.; McWane Inc. (sued individually and as successor-in-interest to Kennedy Valve Manufacturing Company, Kennedy Valve Inc, and Kennedy Valve Company; Metropolitan Life Insurance Company; O.C. Keckley Company (sued individually and as successor-in-interest to Klipfel Valves, Inc.); Oakfabco, Inc. (sued individually and as successor-in-interest to Kewanee Boiler Corporation); Peerless Industries, Inc.; Pfizer, Inc.; Rheem Manufacturing Company (sued individually and d/b/a Ruud Manufacturing Company); Riley Power, Inc. f/k/a Riley Stoker Corporation and D.B. Riley, Inc.,; Robertshaw Controls Co. d/b/a Fulton Sylphon Valves; R.T. Vanderbilt Company, Inc. (sued individually and as successor-in-interest to International Talc Company); Sears, Roebuck and Co.; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC f/k/a Peerless Pump Co.; Trane US, Inc. f/k/a American Standard Companies (sued individually and as successor-in-interest to American Radiator Company a/k/a Ideal Boiler); Viad Corporation f/k/a The Dial Corporation (sued individually and as successor-in-interest to Griscom-Russell Company); Viking Pump, Inc.; Watts Water Technologies, Inc. (sued as successor to Powers Regulator Company, Inc.); Weil-McLain, a division of the Marlye-Wylain Company; Weir Valves & Controls USA, Inc. f/k/a Atwood & Morrill; Xylem, Inc. (sued individually and as successor-in-interest to Bell & Gossett); Yarway Corporation (sued individually and as successor-in-interest to Gimpel Corporation); Zurn Industries, LLC (sued individually and as successor-in-interest to Zurn Industries, Inc., and also as successor to Erie City Iron Works d/b/a Keystone Boiler Works, Inc.), Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

August 16, 2013.

Attorney(s) appearing for the Case

Ralph Oneil Starnes, Plaintiff, represented by Janet Ward Black, Ward Black, P.A. & Tiffany Newlin Dickenson, Simon Greenstone Panatier Bartlett, PC.

Betty Starnes, Plaintiff, represented by Janet Ward Black, Ward Black, P.A..

Betty Starnes, spouse, Plaintiff, represented by Tiffany Newlin Dickenson, Simon Greenstone Panatier Bartlett, PC.

A.O. Smith Corporation, Defendant, represented by Frank J. Gordon, Millberg, Gordon & Stewart, P.L.L.C. & John D. Ormond, Millberg Gordon Stewart PLLC.

Air & Liquid Systems Corporation, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

American Cast Iron Pipe Company, Defendant, represented by Peter A. Santos, Nexsen Pruet, PLLC.

Blackmer Pump Company, Defendant, represented by Joan Shreffler Dinsmore, McGuireWoods LLP, Mark E. Anderson, McGuireWoods LLP & Robert F. Redmond, Jr., McGuireWoods LLP.

Burnham LLC, Defendant, represented by Stephen B. Williamson, Van Winkle, Buck, Wall, Starnes & Davis, P.A..

BW/IP International, Inc., Defendant, represented by Timothy W. Bouch, Leath Bouch Crawford & von Keller.

Carrier Corporation, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

CBS Corporation, Defendant, represented by Jennifer M. Techman, Evert Weathersby Houff.

Cleaver-Brooks, Inc., Defendant, represented by Stephen B. Williamson, Van Winkle, Buck, Wall, Starnes & Davis, P.A..

Clow Valve Company, Defendant, represented by Timothy W. Bouch, Leath Bouch Crawford & von Keller.

Crane Co., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Crane Environmental, Inc., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Crosby Valve, Inc., Defendant, represented by Peter A. Santos, Nexsen Pruet, PLLC.

Crown Boiler Company, Defendant, represented by Sarah M. Bowman, Gallivan, White & Boyd, P.A..

Crown Cork & Seal Company, Inc., Defendant, represented by Timothy W. Bouch, Leath Bouch Crawford & von Keller.

Dover Corporation, Defendant, represented by Joan Shreffler Dinsmore, McGuireWoods LLP, Mark E. Anderson, McGuireWoods LLP & Robert F. Redmond, Jr., McGuireWoods LLP.

Elliott Turbo Machinery Company, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Fisher Controls International, LLC, Defendant, represented by Charles Monroe Sprinkle, III, Haynsworth Sinkler Boyd, P.A..

Flowserve Corporation, Defendant, represented by Timothy W. Bouch, Leath Bouch Crawford & von Keller.

FMC Corporation, Defendant, represented by Peter A. Santos, Nexsen Pruet, PLLC.

Foster Wheeler Energy Corporation, Defendant, represented by Jennifer M. Techman, Evert Weathersby Houff.

Gardner Denver, Inc., Defendant, represented by Amy Church Drayton, Dean and Gibson.

General Electric Company, Defendant, represented by Jennifer M. Techman, Evert Weathersby Houff.

Goodyear Tire & Rubber Company, Defendant, represented by Kelly B. Jones, Womble Carlyle Sandridge & Rice, PLLC & Matthew Kevin Lung, Womble, Carlyle, Sandridge and Rice, LLP.

Goulds Pumps, Inc., Defendant, represented by Charles Monroe Sprinkle, III, Haynsworth Sinkler Boyd, P.A..

Grinnell LLC, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Henry Pratt Company, LLC, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Honeywell International, Inc., Defendant, represented by Cathy R. Gordon, Swartz Campbell, LLC, H. Lee Davis, Jr., Davis & Hamrick, L.L.P. & Kenneth Stanley Mroz, Swartz Campbell, LLC.

IMO Industries, Inc., Defendant, represented by Joshua Hamilton Bennett, Bennett & Guthrie, P.L.L.C..

Ingersoll Rand Company, Defendant, represented by Timothy Peck, Smith Moore Leatherwood LLP.

Invensys Systems, Inc., Defendant, represented by Joan Shreffler Dinsmore, McGuireWoods LLP, Mark E. Anderson, McGuireWoods LLP & Robert F. Redmond, Jr., McGuireWoods LLP.

Jerguson Gage & Valve Company, Defendant, represented by John Thomas Holden, Dickie, McCamey & Chilcoat P.C..

John Crane, Inc., Defendant, represented by Christopher J Derrenbacher, Patterson Dilthey, LLP, Phillip James Anthony, Patterson Dilthey, LLP & Eric Glenn Sauls, Patterson Dilthey, LLP.

Johnston Boiler Company, Defendant, represented by Sarah M. Bowman, Gallivan, White & Boyd, P.A..

Kohler Co., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Laars Heating Systems Co., Defendant, represented by Walter E. Brock, Jr., Young, Moore & Henderson, P.A..

McWane Inc.,, Defendant, represented by Timothy W. Bouch, Leath Bouch Crawford & von Keller.

Metropolitan Life Insurance Company, Defendant, represented by Keith E. Coltrain, Wall, Templeton & Haldrup, PA.

O.C. Keckley Company, Defendant, represented by Timothy Peck, Smith Moore Leatherwood LLP.

Oakfabco, Inc., Defendant, represented by Jeremy Todd Canipe, Hedrick, Eatman, Gardner & Kincheloe & John A Gardner, III, Hedrick, Eatman, Gardner & Kincheloe.

Peerless Industries, Inc., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Rheem Manufacturing Company, Defendant, represented by Teresa E. Lazzaroni, Hawkins & Parnell LLP & Eric T. Hawkins, Hawkins, Parnell, Thackston & Young.

Riley Power, Inc.,, Defendant, represented by Teresa E. Lazzaroni, Hawkins & Parnell LLP & Elisabeth Cheatham Bond,, Hawkins Parnell Thackston & Young.

Robertshaw Controls Co., Defendant, represented by Mark S. Thomas, Williams Mullen.

Spirax Sarco, Inc., Defendant, represented by John Thomas Holden, Dickie, McCamey & Chilcoat P.C..

Sterling Fluid Systems (USA), LLC, Defendant, represented by Peter A. Santos, Nexsen Pruet, PLLC.

Trane US, Inc., Defendant, represented by Timothy Peck, Smith Moore Leatherwood LLP.

Viad Corporation, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Viking Pump, Inc., Defendant, represented by Amy Church Drayton, Dean and Gibson.

Watts Water Technologies, Inc., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Weil-McLain, Defendant, represented by Frank J. Gordon, Millberg, Gordon & Stewart, P.L.L.C. & John D. Ormond, Millberg Gordon Stewart PLLC.

Weir Valves & Controls USA, Inc., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

Xylem, Inc., Defendant, represented by Charles Monroe Sprinkle, III, Haynsworth Sinkler Boyd, P.A..

Zurn Industries, LLC, Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

ITT Corporation, Defendant, represented by Charles Monroe Sprinkle, III, Haynsworth Sinkler Boyd, P.A..

Cyprus Amax Minerals Company, Defendant, represented by Timothy Peck, Smith Moore Leatherwood LLP.

Georgia-Pacific LLC, Defendant, represented by Kenneth Kyre, Jr., Pinto Coates Kyre & Bowers, PLLC.

Kaiser Gypsum Company, Inc., Defendant, represented by Charles Monroe Sprinkle, III, Haynsworth Sinkler Boyd, P.A..

Pfizer Inc., Defendant, represented by Tracy Edward Tomlin, Nelson, Mullins, Riley & Scarborough, LLP.

ORDER

DENNIS L. HOWELL, Magistrate Judge.

THIS MATTER is before the Court sua sponte to ascertain subject matter jurisdiction. The Plaintiffs filed their Complaint (#1) against Defendants alleging jurisdiction based upon diversity. The Plaintiffs thereafter filed an Amended Complaint (#199) also alleging jurisdiction by way of diversity. In the Complaint, Plaintiffs allege that Defendant Henry Pratt Company, LLC is a company incorporated...

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