STARNES v. A.O. SMITH CORPORATION

Civil Case No. 1:12-cv-00360-MR-DLH.

RALPH O'NEIL STARNES, et al., Plaintiffs, v. A.O. SMITH CORPORATION, et al., Defendants.

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

May 26, 2014.


Attorney(s) appearing for the Case

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

Betty Starnes, spouse, Plaintiff, represented by Kevin W. Paul , Simon Greenstone Panatier Bartlett, PC, Janet Ward Black , Ward Black, P.A. & 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..

Air & Liquid Systems Corporation, successor-by-merge to Buffalo Pumps, Inc., Defendant, represented by Tracy Edward Tomlin , Nelson, Mullins, Riley & Scarborough, LLP.

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

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

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.

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

FMC Corporation, individually and as successor-in-interest to other Peerless Pump Company, 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.

Goulds Pumps, Inc., Defendant, represented by Moffatt G. McDonald , Haynsworth, Sinkler, Boyd, P.A., Scott E. Frick , Haynsworth, Sinkler, Boyd, P.A., W. David Conner , Haynsworth, Sinkler, Boyd, P.A. & Charles Monroe Sprinkle, III , Haynsworth Sinkler Boyd, P.A..

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

IMO Industries, Inc., individually and as successor-in-interest to other Delaval Turbine, 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.

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

John Crane, Inc., Defendant, represented by Stephen B. Williamson , Van Winkle, Buck, Wall, Starnes & Davis, P.A..

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

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

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

Riley Power, Inc., formerly known as Riley Stoker Corporation formerly known as D.B. Riley, Inc., Defendant, represented by E. Elaine Shofner , Hawkins Parnell Thackston & Young LLP.

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

Robertshaw Controls Co., doing business as Fulton Sylphon Valves, 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, formerly known as Peerless Pump Co., 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., as successor to Powers Regulator Company, Inc., Defendant, represented by Tracy Edward Tomlin , Nelson, Mullins, Riley & Scarborough, LLP.

Weil-McLain, Division of Marlye-Wylain Company, Defendant, represented by Frank J. Gordon , Millberg, Gordon & Stewart, P.L.L.C..

Weir Valves & Controls USA, Inc., formerly known as Atwood & Morrill, Defendant, represented by Tracy Edward Tomlin , Nelson, Mullins, Riley & Scarborough, LLP.

Xylem, Inc., individually and as successor-in-interest to other Bell & Gossett, Defendant, represented by Charles Monroe Sprinkle, III , Haynsworth Sinkler Boyd, P.A., Moffatt G. McDonald , Haynsworth, Sinkler, Boyd, P.A., Scott E. Frick , Haynsworth, Sinkler, Boyd, P.A. & W. David Conner , Haynsworth, Sinkler, Boyd, P.A..

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

ITT Corporation, Defendant, represented by Moffatt G. McDonald , Haynsworth, Sinkler, Boyd, P.A., Scott E. Frick , Haynsworth, Sinkler, Boyd, P.A., W. David Conner , Haynsworth, Sinkler, Boyd, P.A. & Charles Monroe Sprinkle, III , Haynsworth Sinkler Boyd, P.A..

Kaiser Gypsum Company, Inc., Defendant, represented by Moffatt G. McDonald , Haynsworth, Sinkler, Boyd, P.A., Scott E. Frick , Haynsworth, Sinkler, Boyd, P.A., W. David Conner , Haynsworth, Sinkler, Boyd, P.A. & Charles Monroe Sprinkle, III , Haynsworth Sinkler Boyd, P.A..

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


ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the parties' Joint Motion to Dismiss [Doc. 375].

For the reasons stated in the motion, and for cause shown,

IT IS, THEREFORE, ORDERED that the Joint Motion [Doc. 375] is GRANTED, and all of the Plaintiffs' claims against Defendants BW/IP, Inc. and its wholly subsidiaries, sued as "BWIP International, Inc...

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