Clark et al v. Kellogg Brown & Root, LLC et al
Plaintiff, an American seaman, alleges that he was exposed to benzene while performing his regular duties in the service of Defendant's vessels. Subsequently, Plaintiff developed Acute Myelogenous Leukemia (AML), a form of cancer. Plaintiff asserts that he developed AML as a result of the benzene exposure and the failure of the Defendants to provide a seaworthy vessel.
| Plaintiffs: | Aubrey Clark and Kelly Clark |
|---|---|
| Defendants: | Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. and Halliburton Company |
| Case Number: | 2:2007cv00191 |
| Filed: | May 16, 2007 |
| Court: | Texas Eastern District Court |
| Office: | Marshall Office [ Court Info ] |
| County: | Houston |
| Presiding Judge: | Judge T. John Ward |
| Referring Judge: | Magistrate Judge Charles Everingham |
| Nature of Suit: | Torts - Injury - Marine |
| Cause: | 28:1333 Admiralty |
| Jurisdiction: | Diversity |
| Jury Demanded By: | None |
Date Filed |
# |
Docket Text |
| May 16, 2007 | 1 | COMPLAINT against Halliburton Company, Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Filing fee $ 350.) , filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Civil Cover Sheet)(ehs, ) (Entered: May 16, 2007) |
| May 16, 2007 | Filing fee: $ 350.00, receipt number 1-1-4138 (ehs, ) (Entered: May 16, 2007) | |
| May 16, 2007 | E-GOV SEALED SUMMONS Issued as to Halliburton Company, Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. by the Beaumont Division (ehs, ) (Entered: May 16, 2007) | |
| May 16, 2007 | 2 | Magistrate Consent Form Mailed to Aubrey Clark, Kelly Clark (ehs, ) (Entered: May 16, 2007) |
| May 16, 2007 | 3 | ORDER REFERRING CASE for Pretrial to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 5/16/07. (ehs, ) (Entered: May 16, 2007) |
| August 3, 2007 | 4 | ANSWER to Complaint by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc..(Carrington, Morris) (Entered: August 3, 2007) |
| August 3, 2007 | 5 |
***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE*** MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Cormier, Konor) Modified on 8/3/2007 (mpv, ). (Entered: August 3, 2007) |
| August 3, 2007 | NOTICE of Deficiency regarding #5 the MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. submitted Docketed incorrectly as a motion, attorney to refile as a Corporate Disclosure Statement. Correction should be made by One business day. (mpv, ) (Entered: August 3, 2007) | |
| August 3, 2007 | 6 | NOTICE of Attorney Appearance by James Gene Martingano on behalf of Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) (Entered: August 3, 2007) |
| August 3, 2007 | 7 |
***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE*** NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Corporate Disclosure (Martingano, James) Modified on 8/3/2007 (mpv, ). (Entered: August 3, 2007) |
| August 3, 2007 | 8 | MOTION to Change Venue, MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Attachments: # 1 Text of Proposed Order Order on Motion to Change Venue# 2 Text of Proposed Order Order on Motion to Dismiss Claims of Kelly Clark# 3 Text of Proposed Order Order on Motion to Dismiss Claims for Puntivie Damages and Attorney's Fees)(Martingano, James) (Entered: August 3, 2007) |
| August 3, 2007 | NOTICE of Deficiency regarding #7 the NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Corporate Disclosure submitted Docketed Incorrectly, attorney to refile as a Corporate Disclosure Statement. Correction should be made by one business day. (mpv, ) (Entered: August 3, 2007) | |
| August 3, 2007 | 9 |
***REPLACES #5 and #7*** CORPORATE DISCLOSURE STATEMENT filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. identifying None as Corporate Parent. (Martingano, James) Modified on 8/3/2007 (mpv, ). (Entered: August 3, 2007) |
| August 20, 2007 | 10 |
***FILED IN ERROR; WRONG PDF ATTACHED; PLEASE IGNORE*** RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit Excerpts from Aubrey Clark's deposition# 2 Exhibit Excerpts from George McGinnis' deposition)(Jones, Gene) Modified on 8/20/2007 (mpv, ). (Entered: August 20, 2007) |
| August 20, 2007 | 11 | RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees Response to Motion to Dismiss filed by Aubrey Clark, Kelly Clark. (Jones, Gene) Modified on 8/21/2007 (mpv, ). Modified wrong correction added by clerk now removed on 8/21/2007 (mpv, ). Corrected Proposed Order added on 8/22/2007 (mpv, ). Modified by clerk to add corrected proposed order on 8/22/2007 (mpv, ). (Entered: August 20, 2007) |
| August 20, 2007 |
***FILED IN ERROR. Document # 10, RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to
Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees filed by Aubrey Clark, Kelly Clark. PLEASE IGNORE. WRONG PDF ATTACHED AS MAIN DOCUMENT; ATTY TO REFILE
CORRECTLY*** (mpv, ) (Entered: August 20, 2007) |
|
| August 20, 2007 | 12 |
***REPLACES #10*** RESPONSE to Motion re 8 MOTION to Change Venue MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees MOTION to Dismiss Claims of Kelly Clark and Claims for Punitve Damages and Attorney's Fees Response to Motion to Transfer Venue filed by Aubrey Clark, Kelly Clark. (Attachments: # 1 Exhibit Exh 1 to Response to Motion to Transfer Venue# 2 Exhibit Exh 2 to Response to Motion to Transfer Venue)(Jones, Gene) Modified on 8/21/2007 (mpv, ). Corrected Proposed Order added on 8/22/2007 (mpv, ). Modified to add corrected proposed order on 8/22/2007 (mpv, ). (Entered: August 20, 2007) |
| August 29, 2007 | 13 | MOTION to Expedite Trial by Aubrey Clark, Kelly Clark. (Attachments: # 1 Text of Proposed Order)(Hyde, John) (Entered: August 29, 2007) |
| August 31, 2007 | 14 | ORDER - the court expedites the plaintiff motion 13 to expedite trial. The dfts are ordered to respond to the pla's motion 13 within 5 days and in so doing state what if any discovery is remaining in the case. Signed by Judge Charles Everingham on 8/31/07. (ch, ) (Entered: August 31, 2007) |
| September 7, 2007 | 15 | RESPONSE to Motion re 13 MOTION to Expedite Trial filed by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) (Entered: September 7, 2007) |
| September 14, 2007 | 16 | REPLY to Response to Motion re 13 MOTION to Expedite Trial filed by Aubrey Clark, Kelly Clark. (Hyde, John) (Entered: September 14, 2007) |
| October 2, 2007 | 17 | NOTICE of Hearing: Status Conference set for 10/5/2007, 01:30 PM, via telephone before Magistrate Judge Charles Everingham.(delat) (Entered: October 2, 2007) |
| October 19, 2007 | 18 |
***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE*** MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. (Martingano, James) Modified on 10/22/2007 (mpv, ). (Entered: October 19, 2007) |
| October 22, 2007 | NOTICE of Deficiency regarding the MOTION for Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc.. submitted Docketed Incorrectly, not a motion, attorney to refile correctly as a Notice of Disclosure without the disclosure materials included. Correction should be made by one business day. (mpv, ) (Entered: October 22, 2007) | |
| October 22, 2007 | 19 |
***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE*** NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) Modified on 10/22/2007 (mpv, ). (Entered: October 22, 2007) |
| October 22, 2007 | NOTICE of Deficiency regarding #19 the NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. submitted Attorney to refile document without including the disclosure material. Correction should be made by one business day. (mpv, ) (Entered: October 22, 2007) | |
| October 22, 2007 | 20 |
***REPLACES #18 & #19*** NOTICE of Disclosure by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. (Martingano, James) Modified on 10/23/2007 (mpv, ). (Entered: October 22, 2007) |
| October 23, 2007 | 21 |
***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE*** NOTICE of Disclosure by Aubrey Clark, Kelly Clark (Attachments: # 1 Plaintiffs' Initial Disclosure# 2 Plaintiffs' Fact and Expert Witness List# 3 Plaintiffs' Benzene Exhibit List)(Hyde, John) Modified on 10/24/2007 (mpv, ). (Entered: October 23, 2007) |
| October 24, 2007 | NOTICE of Deficiency regarding #21 the NOTICE of Disclosure by Aubrey Clark, Kelly Clark submitted Disclosure Materials are not filed per FRCP 26(a)(1) and (a)(2) and Local Rule CV-26, only the notice of disclosure is filed with the court. Correction should be made by one business day. (mpv, ) (Entered: October 24, 2007) | |
| October 24, 2007 | 22 |
***REPLACES #21*** NOTICE of Disclosure by Aubrey Clark, Kelly Clark (Hyde, John) Modified on 10/24/2007 (mpv, ). (Entered: October 24, 2007) |
| October 25, 2007 | 23 | NOTICE by Aubrey Clark, Kelly Clark Plaintiffs' Notice of Fact and Expert Witness List (Hyde, John) (Entered: October 25, 2007) |
| November 5, 2007 | 24 | NOTICE by Kellogg Brown & Root, LLC, Brown & Root, Inc., KBR, Inc. Proposed Docket Control Order (Martingano, James) (Entered: November 5, 2007) |
| November 9, 2007 | 25 | NOTICE by Aubrey Clark, Kelly Clark 1st Supplemental Expert and Fact Witness Disclosures (Hyde, John) (Entered: November 9, 2007) |
Docket Report Last Checked: November 29, 2007 14:45:58 PST
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| Plaintiff: Aubrey Clark | |
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| Represented By: John Keith Hyde, Gene Melton (Zona) Jones | |
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| Plaintiff: Kelly Clark | |
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| Represented By: Gene Melton (Zona) Jones, John Keith Hyde | |
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| Defendant: Kellogg Brown & Root, LLC | |
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| Represented By: James Gene Martingano, Morris C Carrington | |
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| Defendant: Brown & Root, Inc. | |
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| Represented By: Morris C Carrington, James Gene Martingano | |
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| Defendant: KBR, Inc. | |
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| Represented By: James Gene Martingano, Morris C Carrington, Konor Andrew Cormier | |
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| Defendant: Halliburton Company | |
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