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Gates v. Smith Water Products Co.

United States District Court, Second Circuit

January 9, 2014

KENNETH GATES, JR., as Executor of the Estate of KENNETH GATES AND GLADYS GATES, Plaintiff,
v.
SMITH WATER PRODUCTS CO.; A.W. CHESTERTON COMPANY; AMERICAN STANDARD, INC. AVIATION MANUFACTURING CORPORATION, Individually and as successor in interest to SPENCER HEATER; BURNHAM, LLC, as successor to BURNHAM CORPORATION; CBS CORPORATION, a Delaware Corporation formerly known as Viacom, Inc., successor-by-merger to CBS Corporation, a Pennsylvania Corporation formerly known as Westinghouse Electric Corporation; CERTAIN TEED CORPORATION; CLEAVER BROOKS COMPANY, INC.; CRANE CO.; CROWN BOILER CO., formerly known as Crown Industries Inc.; DANA CORPORATION; DURABLA MANUFACTURING COMPANY; EMPIRE-ACE INSULATION MFG. CORP.; FOSTER WHEELER LLC; FULTON BOILER WORKS, INC.; GOODYEAR CANADA, INC.; GOODYEAR TIRE & RUBBER COMPANY; GOULDS PUMPS, INC.; H.B. SMITH COMPANY, INCORPORATED; HOLLINGSWORTH & VOSE, CO.; ITT INDUSTRIES, INC.; ITT INDUSTRIES, INC., as successor to Bell & Gossett Company and as successor to Kennedy Valve Manufacturing Co., Inc., and as successor to Grinnell Valve Co., Inc.; J.H. FRANCE REFRACTORIES COMPANY; KENTILE FLOORS, INC.; MINNESOTA MINING & MANUFACTURING COMPANY; PATTERSON KELLY DIVISION; PEERLESS INDUSTRIES, INC.; ROBERT A. KEASBEY COMPANY; UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION; WEIL-MCLAIN, a division of The Marley Company; and YORK INDUSTRIES CORP., Defendants.

WEITZ, LUXENBERG LAW FIRM, KYLE A. SHAMBERG, ESQ., JOHN E. RICHMOND, ESQ., New York, NY, Attorneys for Plaintiff.

WILSON, ELSER LAW FIRM, JULIE R. EVANS, ESQ., New York, NY, Attorneys for Defendants A.W. Chesterton, Company and Burnham, LLC.

MCGUIRE, WOODS LAW FIRM, GENEVIEVE MACSTEEL, ESQ., New York, NY, Attorneys for Defendant American Standard, Inc.

MALABY, BRADLEY LAW FIRM, DAVID P. SCHAFFER, ESQ., New York, NY, Attorneys for Defendants CBS Corporation, Cleaver Brooks Company, Inc., and Weil-McLain.

MACKENZIE, HUGHES LAW FIRM, STEPHEN S. DAVIE, ESQ., Syracuse, NY, Attorneys for Defendant Cleaver Brooks Company, Inc.

K&L GATES LLP, ANGELA DIGIGLIO, ESQ., ERIC R.I. COTTLE, ESQ., NICOLLE M. KOZIN, ESQ., New York, NY, Attorneys for Defendant Crane Co.

SEDGWICK LLP, MICHAEL A. TANENBAUM, ESQ., Newark, NJ, Attorneys for Defendant Foster Wheeler LLC.

BARRY, MCTIERNAN LAW FIRM, SUZANNE M. HALBARDIER, ESQ., WILLIAM A. COONEY, ESQ., New York, NY, Attorneys for Defendants Fulton Boiler Works, Inc. and Utica Boilers, Inc.

GOLDBERG, SEGALLA LAW FIRM, LISA MARIE ROBINSON, ESQ., Syracuse, NY, Attorneys for Defendant Goulds Pumps, Inc.

HARRIS, BEACH LAW FIRM, ABBIE LYNN ELIASBERG FUCHS ESQ., CYNTHIA WEISS ANTONUCCI, ESQ, New York, NY, Attorneys for Defendant Kentile Floors, Inc.

MARSHALL, DENNEHEY LAW FIRM, ANNA M. DILONARDO, ESQ., Hauppauge, NY, Attorneys for Defendants Peerless Industries, Inc. and Robert A. Keasbey Company.

HURWITZ, FINE LAW FIRM, V. CHRISTOPHER POTENZA, ESQ., Buffalo, NY, Attorneys for Defendant Weil-McLain.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On November 18, 2013, defendant Crane Co. ("defendant" or "Crane") invoked the federal officer removal statute, 28 U.S.C. ยง 1442(a)(1), and removed this asbestos-related tort action to federal court. Plaintiff Kenneth Gates, Jr., as Executor of the Estate of Kenneth Gates and Gladys Gates ("plaintiff" or "Executor"), has moved to remand the action to state court based on a lack of subject ...


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