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Beryllium Claims
−Removed: As of December 31, 2021, our subsidiary, Materion Brush Inc., was a defendant in two beryllium cases.
+Added: As of December 31, 2022, our subsidiary, Materion Brush Inc., was a defendant in one beryllium case.
In Richard Miller v.
Dolphin, Inc.
−Removed: , case number CV2020-005163, filed in the Superior Court of Arizona, Maricopa County, the Company is one of six named defendants in addition to 100 Doe defendants.
+Added: , case number CV2020-005163, filed in the Superior Court of Arizona, Maricopa County, the Company is one of six named defendants in addition to 100 John/Jane Doe defendants.
The plaintiff alleges that he contracted beryllium disease from exposures to beryllium-containing products supplied to his employer, Karsten Manufacturing Corporation, where he was a production worker, and asserts claims for negligence, strict liability – failure to warn, strict liability – design defect, and fraudulent concealment.
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The court entered a scheduling order on September 14, 2021 that did not set a date for trial.
−Removed: The Company believes that it has substantive defenses and intends to vigorously defend itself against this suit.
−Removed: In Ronald Dwayne Manning v.
−Removed: , case number 19CI000219, filed in the Superior Court of the State of California, Tehama County, and later moved to the United States District Court, Eastern District of California (Sacramento Division), case number 2:19-CV-02202-MCE-DMC, the Company is one of three named defendants in addition to 120 Doe defendants.
−Removed: The plaintiff alleges that he contracted beryllium disease from exposures to beryllium-containing products during his employment as an auto mechanic, welder, sprinkler installer, and movie projector operator, and asserts claims for negligence, strict liability, fraudulent concealment, and breach of implied warranties.
−Removed: The plaintiff seeks economic damages, non-economic damages, consequential damages, and punitive damages.
+Added: Amended scheduling orders were entered on April 8, 2022, August 4, 2022, and November 1, 2022, that likewise did not set a trial date.
The Company believes that it has substantive defenses and intends to vigorously defend itself against this suit.
+Added: During 2022, one beryllium case was resolved.
No beryllium cases were filed in 2022.
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Plaintiff, a former hourly production employee at the Company's Elmore, Ohio facility, alleges that he and other similarly situated employees are not paid for all time they spend donning and doffing personal protective equipment in violation of the Fair Labor Standards Act and Ohio law.
−Removed: The case remains in the preliminary stages while the parties explore a negotiated resolution.
−Removed: The Company believes that it has substantive defenses and intends to vigorously defend this suit absent a negotiated resolution.
+Added: Plaintiff filed a motion for conditional certification, which the Company opposed.
+Added: On August 2, 2022, the Court conditionally certified a class of employees at the Company’s Elmore facility only and rejected certification of a class across the Company’s other facilities.
+Added: In November 2022, the parties reached a settlement for an immaterial amount.
+Added: The settlement is pending court approval.
MINE SAFETY DISCLOSURES
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.