SCHINDLER v. FOSTER WHEELER COMPANY et al
| OTTO W. SCHINDLER |
| FOSTER WHEELER COMPANY, WESTINGHOUSE ELECTRIC CORPORATION, GENERAL ELECTRIC COMPANY, ACANDS, INCORPORATED, ARMSTRONG WORLD INDUSTRIES, INCORPORATED, BABCOCK & WILCOX COMPANY, CELOTEX CORPORATION, EAGLE-PICHER INDUSTRIES, INCORPORATED, FIBREBOARD CORPORATION, GAF CORPORATION, H. K. PORTER COMPANY, INCORPORATED, KEENE CORPORATION, NATIONAL GYPSUM COMPANY, OWENS-CORNING FIBERGLASS CORPORATION, PITTSBURGH CORNING CORPORATION, RAYBESTOS-MANHATTAN, INCORPORATED, TURNER AND NEWALL, PLC, COMBUSTION ENGINEERING, INCORPORATED, OWENS-ILLINOIS, INCORPORATED, MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND, AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, AMERICAN TRADING AND PRODUCTION CORPORATION, FARRELL LINES INC, FORD MOTOR COMPANY, GRACE LINES/PRUDENTIAL LINES, KEYSTONE SHIPPING COMPANY, MATHIASEN TANKER INDUSTRIES, INCORPORATED, MOORE MCCORMACK LINES, INCORPORATED, PRUDENTIAL LINES INC, ROBIN LINES, TANKERS CORP, UNITED FRUIT COMPANY, UNITED STATES LINES INC., WATERMAN STEAMSHIP CORPORATION, UNITED BRANDS COMPANY and UNITED STATES LINES INC. REORGANIZATION TRUST |
| BRUCE LASSMAN, ESQ. |
| CROWLEY TOWING AND TRANSPORTATION COMPANY |
| FOSTER WHEELER ENERGY CORPORATION |
| 2:2011cv33911 |
| April 1, 2011 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| EDUARDO C ROBRENO |
| P.I. : Asbestos |
| 46 U.S.C. § 0688 Jones Act |
| None |
Docket Report
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| Filing 84 MEMORANDUM AND ORDER THAT MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED AND THE CASES DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/6/15. 11/9/15 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) |
| Filing 83 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/6/15. 11/9/15 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) |
| Filing 82 RESPONSE in Opposition re #68 MOTION for Leave to File Plaintiff's Response In Opposition To Defendant Shipowners' Motion For Summary Judgment Alleging That The Plaintiff's Suit Is A Nullity filed by OTTO W. SCHINDLER. (Attachments: #1 Exhibit Exhibit 1)(KRISPIN, DONALD) |
| Filing 81 Memorandum in Support re #53 Reply to Response to Motion,, #38 MOTION for Summary Judgment of Shipowner Defendants represented by Thompson Hine LLP (Suit Commenced By Deceased Person Is A Nullity), #80 Order, Terminate Deadlines and Hearings,, (Supplemental) by AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, FARRELL LINES INC. (HENDERSON, HAROLD) |
Filing 80
ORDER THAT DEFENDANTS SHALL FILE SUPPLEMENTAL MEMORANDA OF LAW IDENTIFYING THE SUBSTANTIVE STATE LAW APPLICABLE TO THE CASE AND SHOWING CAUSE WHY, IF AT ALL, PLAINTIFFS COMPLAINTS ARE NULLITIES AND SHOULD BE DISMISSED. THE SUPPLEMENTAL MEMORANDA SHALL BE FILED BY 9/16/15 AND PLAINTIFFS SHALL FILE A RESPONSE TO DEFENDANTS SUPPLEMENTAL MEMORANDA BY 10/6/15. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/26/15. 8/27/15 ENTERED AND COPIES MAILED, E-MAILED.(rf, )
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| Filing 79 NOTICE by FARRELL LINES INC re #40 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP Notice of Withdrawal From Motion (Doc. No. 40, 12/18/13) by Farrell Lines Incorporated (HENDERSON, HAROLD) |
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Filing 78
ORDER THAT A HEARING CONSISTING OF ORAL ARGUMENT ON THE DISPOSITIVE MOTIONS LISTED IN EXHIBIT "A", ATTACHED, WILL BE HELD ON TUESDAY, FEBRUARY 17, 2015 AT 2:00 P.M. IN COURTROOM 15A. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/15/2015. 1/16/2015 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO THE CASES LISTED ON EXHIBIT A) (aeg, )
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Filing 77
ORDER THAT THE MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION, LISTED IN EXHIBIT "A," ATTACHED, ARE GRANTED AND THE DEFENDANTS WHO FILED THE MOTIONS ARE DISMISSED FROM THE LISTED CASES. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/10/2014. 10/15/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 76 REPLY to Response to Motion re #72 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion To Dismiss Of Defendant Waterman Steamship Corporation (Lack Of Personal Jurisdiction; Insufficiency Of Service Of Process) (See paper No. 3800 in 02-md-875 for full attachment) filed by WATERMAN STEAMSHIP CORPORATION. (Attachments: #1 Attachment 1 - Case List)(HENDERSON, HAROLD) |
| Filing 75 REPLY to Response to Motion re #71 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion To Dismiss Of Defendant Mathiasens Tanker Industries, Inc., sometimes incorrectly identified as Mathiasen Tanker Ind. Inc. (Lack Of Personal Jurisdiction) (See paper No. 3800 in 02-md-875 for full attachment) filed by MATHIASEN TANKER INDUSTRIES, INCORPORATED. (Attachments: #1 Attachment 1 - Case List)(HENDERSON, HAROLD) |
| Filing 74 RESPONSE in Opposition re #72 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion To Dismiss Of Defendant Waterman Steamship Corporation (Lack Of Personal Jurisdiction; Insufficiency Of Service Of Process) filed by OTTO W. SCHINDLER. (HURST, JOHN) |
| Filing 73 RESPONSE in Opposition re #71 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion To Dismiss Of Defendant Mathiasens Tanker Industries, Inc., sometimes incorrectly identified as Mathiasen Tanker Ind. Inc. (Lack Of Personal Jurisdiction) filed by OTTO W. SCHINDLER. (HERRICK, JOHN) |
| Filing 72 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion To Dismiss Of Defendant Waterman Steamship Corporation (Lack Of Personal Jurisdiction; Insufficiency Of Service Of Process) filed by WATERMAN STEAMSHIP CORPORATION.Certificate of Service. (Attachments: #1 Attachment A - Case List, #2 Attachment B - Memo in Opposition, #3 Attachment C - Transcript of Proceedings, #4 Attachment D - Declaration, #5 Attachment E - Case List, #6 Attachment F - Part 1 - Zarlingo Declaration, #7 Attachment F - Part 2 - Zarlingo Declaration, #8 Text of Proposed Order)(HENDERSON, HAROLD) |
| Filing 71 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b) Motion To Dismiss Of Defendant Mathiasens Tanker Industries, Inc., sometimes incorrectly identified as Mathiasen Tanker Ind. Inc. (Lack Of Personal Jurisdiction) filed by MATHIASEN TANKER INDUSTRIES, INCORPORATED.Certificate of Service. (Attachments: #1 Attachment A - Case List, #2 Attachment B - Memo in Opposition, #3 Attachment C - Transcript of Proceedings, #4 Attachment D - Declaration, #5 Text of Proposed Order)(HENDERSON, HAROLD) |
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Filing 70
ORDER THAT CERTAIN SHIPOWNER DEFENDANTS' MOTIONS FOR "LEAVE TO FILE A 'SUPPLEMENTAL ATTACHMENT A' TO CERTAIN MOTIONS TO DISMISS BASED UPON LACK OF PERSONAL JURISDICTION" LISTED IN EXHIBIT "A", ATTACHED, ARE GRANTED AS UNOPPOSED. CERTAIN DEFENDANTS HAVE UNTIL 9/2/2014 TO FILE SUCH A SUPPLEMENT. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/19/2014. 8/21/2014 ENTERED AND COPIES E-MAILED. (ems)
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Filing 69
ORDER THAT THE MOTIONS FOR JUDGMENT ON THE PLEADINGS, LISTED IN EXHIBIT "A," ARE GRANTED, AND THE CLAIMS FOR PUNITIVE DAMAGES ADDRESSED BY THOSE MOTIONS ARE DISMISSED. IN ALL ACTIONS THAT ARE NOT WRONGFUL DEATH OR SURVIVAL ACTIONS, PLAINTIFFS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT, IF APPROPRIATE, BY 9/12/2014. (Attachments: #1 Certificate of Service) (SEE 02-MD-875, DOC. NO. 4453 FOR FULL EXHIBIT "A" CASE LIST) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/12/2014. 8/13/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 68 MOTION OF CERTAIN SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP FOR LEAVE TO FILE A "SUPPLEMENTAL ATTACHMENT A" TO CERTAIN MOTIONS TO DIMISS BASED UPON LACK OF PERSONAL JURISDICTION. CERTIFICATE OF SERVICE. (Attachments: #1 Exhibit A - Case List, #2 Text of Proposed Order) (aeg, ) Modified on 7/30/2014 (aeg, ). |
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Filing 67
ORDER THAT THE MOTION OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP, IN CASES LISTED IN THE ATTACHED EXHIBIT A, TO PRECLUDE USE BY PLAINTIFFS OF CERTAIN CO-WORKER EVIDENCE AND TESTIMONY IN GROUP 7 IS GRANTED AS OUTLINED HEREIN. (Attachments: #1 Case List) SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 6/9/2014. 6/10/2014 ENTERED AND COPIES E-MAILED. (aeg, )
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| Filing 66 REPLY to Response to Motion re #40 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP filed by FARRELL LINES INC, MATHIASEN TANKER INDUSTRIES, INCORPORATED, UNITED BRANDS COMPANY, WATERMAN STEAMSHIP CORPORATION. (Attachments: #1 Exhibit 1 - Shipowner Defendants, #2 Exhibit 2 - Murbach Study, #3 Exhibit 3 - Cohen Decl. and Report)(HENDERSON, HAROLD) |
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Filing 65
ORDER THAT THE MOTION FOR LEAVE TO FILE SUPPLEMENTAL RESPONSE (DOC. NO. 49) IS GRANTED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 3/25/2014. 3/26/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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Filing 64
ORDER THAT THE MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION LISTED IN EXHIBIT 'A' ARE GRANTED AND THE DEFENDANTS WHO FILED THE MOTIONS ARE DISMISSED FROM THE CASES. THE MOTIONS TO DISMISS DUE TO IMPROPER SERVICE OF PROCESS LISTED IN EXHIBIT 'B' ARE DENIED. (SEE PAPER NO. 4196 ON 02-MD-875 FOR COMPLETE DOCUMENT PDF) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/11/2014. 3/12/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 63 MEMORANDUM IN SUPPORT OF ORDER RE: THE MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION LISTED IN EXHIBIT 'A' AND THE MOTIONS TO DISMISS DUE TO IMPROPER SERVICE OF PROCESS LISTED IN EXHIBIT 'B'. (SEE PAPER NO. 4195 ON 02-MD-875 FOR COMPLETE DOCUMENT PDF) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/11/2014. 3/12/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, ) |
| Filing 62 NOTICE OF FILING CORRECTED ATTACHMENT A TO DEFENDANT FARRELL LINES INCORPORATED, f/k/a AMERICAN SOUTH AFRICAN LINES,INC., on its own behalf and as successor in interest to AMERICAN EXPORT LINES,INC., f/k/a AMERICAN EXPORT ISBRANDTSEN LINES, INC., sometimes incorrectly named AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT INDUSTRIES, OR AMERICAN EXPORT TRANSPORT INC.S RULE 12(b) MOTION TO DISMISS(LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS)[Doc. No. 2574, 6/21/13] (Attachments: #1 Exhibit)(dp, ) |
| Filing 61 RESPONSE in Opposition re #40 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP filed by OTTO W. SCHINDLER. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 2, #5 Exhibit 3-1, #6 Exhibit 3-2)(HERRICK, JOHN) |
| Filing 60 REPLY to Response to Motion re #39 MOTION to Dismiss of Defendant Farrell Lines Incorporated, f/k/a American South African Lines, Inc., on its own behalf and as successor in interest to American Export Lines, Inc., f/k/a American Export Isbrandtsen Lines, Inc., sometimes incorrectly (See paper No. 3800 in 02-md-875 for full attachment) filed by AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, FARRELL LINES INC. (Attachments: #1 Attachment 1 - Case List)(DIRKS, SUSAN) |
| Filing 59 REPLY to Response to Motion re #42 MOTION to Dismiss for Lack of Jurisdiction of Defendant Crowley Towing and Transportation Co., F/K/A Caribe Tugboat Corporation, sometimes incorrectly identified as Crowley Towing Co. or Crowley Tug & Towing (See paper No. 3800 in 02-md-875 for full attachment) filed by CROWLEY TOWING AND TRANSPORTATION COMPANY. (Attachments: #1 Attachment 1 - Case List)(DIRKS, SUSAN) |
| Filing 58 REPLY to Response to Motion re #41 MOTION to Dismiss for Lack of Jurisdiction (See paper No. 3800 in 02-md-875 for full attachment) filed by UNITED FRUIT COMPANY. (Attachments: #1 Attachment A - Case List)(HENDERSON, HAROLD) |
| Filing 57 NOTICE by CROWLEY TOWING AND TRANSPORTATION COMPANY re #42 MOTION to Dismiss for Lack of Jurisdiction of Defendant Crowley Towing and Transportation Co., F/K/A Caribe Tugboat Corporation, sometimes incorrectly identified as Crowley Towing Co. or Crowley Tug & Towing (of Filing Corrected Attachment A) (Attachments: #1 A)(DIRKS, SUSAN) |
| Filing 56 REPLY BRIEF IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING PLAINTIFFS' PUNITIVE DAMAGES CLAIMS OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP [DOC.NO.3765, 12/20/13] (Attachments: #1 Exhibit)(dp, ) |
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Filing 55
ORDER THAT A HEARING CONSISTING OF ORAL ARGUMENT ON THE MOTIONS LISTED IN EXHIBIT "A", ATTACHED, WILL BE HELD ON 2/27/2014 AT 10:00 A.M. IN COURTROOM 15A, JAMES A. BYRNE UNITED STATES COURTHOUSES, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA 19106. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/5/2014. 2/5/2014 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER NO. 4040 ON 02-MD-875 FOR CASE LIST) (ems)
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| Filing 54 PLAINTIFFS' SUPPLEMENTAL RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION. (aeg, ) |
| Filing 53 REPLY to Response to Motion re #38 MOTION for Summary Judgment of Shipowner Defendants represented by Thompson Hine LLP (Suit Commenced By Deceased Person Is A Nullity) filed by AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, AMERICAN TRADING AND PRODUCTION CORPORATION, CROWLEY TOWING AND TRANSPORTATION COMPANY, FARRELL LINES INC, FORD MOTOR COMPANY, KEYSTONE SHIPPING COMPANY, MATHIASEN TANKER INDUSTRIES, INCORPORATED, UNITED BRANDS COMPANY, UNITED FRUIT COMPANY, WATERMAN STEAMSHIP CORPORATION. (Attachments: #1 Attachment A - Shipowner Defendants, #2 Attachment B - Deceased Plaintiff Reply, #3 Declaration Attachment C - Declaration of Ryan Winkler)(HENDERSON, HAROLD) |
| Filing 52 REPLY IN SUPPORT OF MOTION OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP TO PRECLUDE USE BY PLAINTIFFS OF CERTAIN CO-WORKER EVIDENCE AND TESTIMONY IN GROUP 7 (DOC.NO. 3709, 12/10/13).CERTIFICATE OF SERVICE (Attachments: #1 Exhibit)(dp, ) |
| Filing 51 NOTICE by AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, FARRELL LINES INC re #39 MOTION to Dismiss of Defendant Farrell Lines Incorporated, f/k/a American South African Lines, Inc., on its own behalf and as successor in interest to American Export Lines, Inc., f/k/a American Export Isbrandtsen Lines, Inc., sometimes incorrectly NOTICE of Withdrawal of Motion (Doc. No. 39, 12/17/13) by Farrell Lines Incorporated, American Export Lines, Inc., and American Export Isbrandtsen (HENDERSON, HAROLD) |
| Filing 49 MOTION for Leave to File a Supplemental Response to Certain Defendants' Motions to Dismiss for Lack of Personal Jurisdiction filed by OTTO W. SCHINDLER.Certificate of Service.(HURST, JOHN) |
| Filing 50 GROUP 7 PLAINTIFFS' RESPONSE TO VARIOUS SHIPOWNER DEFENDANTS' MOTIONS FOR JUDGMENT ON THE PLEADINGS REGARDING PLAINTIFFS' PUNITIVE DAMAGES CLAIMS. CERTIFICATE OF SERVICE. (aeg, ) |
| Filing 48 RESPONSE in Opposition re #39 MOTION to Dismiss of Defendant Farrell Lines Incorporated, f/k/a American South African Lines, Inc., on its own behalf and as successor in interest to American Export Lines, Inc., f/k/a American Export Isbrandtsen Lines, Inc., sometimes incorrectly filed by OTTO W. SCHINDLER. (HERRICK, JOHN) |
| Filing 47 RESPONSE in Opposition re #42 MOTION to Dismiss for Lack of Jurisdiction of Defendant Crowley Towing and Transportation Co., F/K/A Caribe Tugboat Corporation, sometimes incorrectly identified as Crowley Towing Co. or Crowley Tug & Towing filed by OTTO W. SCHINDLER. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4)(HERRICK, JOHN) |
| Filing 46 RESPONSE in Opposition re #41 MOTION to Dismiss for Lack of Jurisdiction filed by OTTO W. SCHINDLER. (Attachments: #1 Exhibit A-1-1, #2 Exhibit A-1-2, #3 Exhibit A-1-3, #4 Exhibit A-1-4, #5 Exhibit A-1-5, #6 Exhibit A-2, #7 Exhibit A-3, #8 Exhibit A-4, #9 Exhibit A-5, #10 Exhibit A-6, #11 Exhibit A-7, #12 Exhibit A-8, #13 Exhibit A-9, #14 Exhibit A-10, #15 Exhibit A-11, #16 Exhibit A-12, #17 Exhibit A-13, #18 Exhibit A-14)(HERRICK, JOHN) |
| Filing 45 RESPONSE in Opposition re #38 MOTION for Summary Judgment of Shipowner Defendants represented by Thompson Hine LLP (Suit Commenced By Deceased Person Is A Nullity) To Defendant Shipowner's filed by OTTO W. SCHINDLER. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(KRISPIN, DONALD) |
| Filing 44 PLAINTIFFS' RESPONSE AND OPPOSITION TO CERTAIN SHIPOWNER DEFENDANTS' MOTION TO PRECLUDE USE BY PLAINTIFFS OF CERTAIN CO-WORKER EVIDENCE AND TESTIMONY IN GROUP 7. Memorandum, Certificate of Service. (ems) |
| Filing 43 MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING PLAINTIFFS' PUNITIVE DAMAGES CLAIMS OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP. CERTIFICATE OF SERVICE (Attachments: #1 ORDER, #2 CASE LIST)(dp, ) Modified on 12/30/2013 (lisad, ). |
| Filing 42 MOTION to Dismiss for Lack of Jurisdiction of Defendant Crowley Towing and Transportation Co., F/K/A Caribe Tugboat Corporation, sometimes incorrectly identified as Crowley Towing Co. or Crowley Tug & Towing filed by CROWLEY TOWING AND TRANSPORTATION COMPANY.Certificate of Service. (Attachments: #1 A - Case List, #2 B - Plaintiff's Memorandum in Opposition, #3 C - Transcript of Proceedings, #4 Declaration, #5 Text of Proposed Order)(DIRKS, SUSAN) |
| Filing 41 MOTION to Dismiss for Lack of Jurisdiction filed by UNITED FRUIT COMPANY.Certificate of Service. (Attachments: #1 A - Case List, #2 B - Plaintiff's Memorandum in Opposition, #3 C - Transcript of Proceedings, #4 Declaration, #5 Text of Proposed Order)(DIRKS, SUSAN) |
| Filing 40 MOTION for Summary Judgment (Lack of Causation) of Shipowner Defendants Represented by Thompson Hine LLP filed by CROWLEY TOWING AND TRANSPORTATION COMPANY, FARRELL LINES INC, MATHIASEN TANKER INDUSTRIES, INCORPORATED, UNITED BRANDS COMPANY, WATERMAN STEAMSHIP CORPORATION.Certificate of Service. (Attachments: #1 Attachment A - Shipowner Defendants, #2 Declaration Michele L. Riemer, #3 Text of Proposed Order)(HENDERSON, HAROLD) |
| Filing 39 MOTION to Dismiss of Defendant Farrell Lines Incorporated, f/k/a American South African Lines, Inc., on its own behalf and as successor in interest to American Export Lines, Inc., f/k/a American Export Isbrandtsen Lines, Inc., sometimes incorrectly named American Export Isbrandtsen, American Export Industries, or American Export Transport Inc. (Lack of Personal Jurisdiction) filed by AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, FARRELL LINES INC.Certificate of Service. (Attachments: #1 Attachment A - Case List, #2 Attachment B - Memo in Opposition, #3 Attachment C - Transcript of Proceedings, #4 Attachment D - Declaration, #5 Text of Proposed Order)(BINZLEY, RICHARD) |
| Filing 38 MOTION for Summary Judgment of Shipowner Defendants represented by Thompson Hine LLP (Suit Commenced By Deceased Person Is A Nullity) filed by AMERICAN EXPORT ISBRANDTSEN, AMERICAN EXPORT LINES, INCORPORATED, AMERICAN TRADING AND PRODUCTION CORPORATION, CROWLEY TOWING AND TRANSPORTATION COMPANY, FARRELL LINES INC, FORD MOTOR COMPANY, KEYSTONE SHIPPING COMPANY, MATHIASEN TANKER INDUSTRIES, INCORPORATED, UNITED BRANDS COMPANY, UNITED FRUIT COMPANY, WATERMAN STEAMSHIP CORPORATION.Certificate of Service. (Attachments: #1 Attachment A - Shipowner Defendants, #2 Declaration, #3 Text of Proposed Order)(DIRKS, SUSAN) |
| Filing 37 MOTION OF SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP TO PRECLUDE USE BY PLAINTIFFS OF CERTAIN CO-WORKER EVIDENCE AND TESTIMONY IN GROUP 7. CERTIFICATE OF SERVICE. (Attachments: #1 CASE LIST)(dp, ) Modified on 12/11/2013 (lisad, ). |
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Filing 36
ORDER THAT THE MOTION FOR EXTENSION OF TIME FOR CERTAIN DEFENDANT EXPERT REPORTS FOR GROUP 7 ON BEHALF OF CERTAIN SHIPOWNER DEFENDANTS REPRESENTED BY THOMPSON HINE LLP (DOC. NO. 3053) IS GRANTED. THE SHIPOWNER DEFENDANTS IDENTIFIED ON EXHIBIT A ARE GRANTED AN EXTENSION UNTIL 11/1/2013 TO COMPLETE THE REVIEW AND/OR ISSUANCE OF CASE-SPECIFIC REPORTS WITH REGARD TO THE 80 CASES ASSIGNED TO GROUP 7 (WITH AN ALLEGED DIAGNOSIS OF LUNG CANCER) AS SET FORTH IN EXHIBIT A. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 10/7/2013. 10/9/2013 ENTERED AND COPIES E-MAILED. (ems)
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| Filing 35 MOTION FOR EXTENSION OF TIME FOR CERTAIN DEFENDANTS EXPERT REPORTS FOR GROUP 7 ALLEGED LUNG CANCER CASES. Certificate of Service. (ems) |
| Filing 34 Plaintiffs' Combined Response And Memorandum Of Law In Opposition To Defendant Keystone Shipping Co.'s Motion To Dismiss(mas, ) |
| Filing 33 PLAINTIFFS' COMBINED RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT AMERICAN TRADING AND PRODUCTION CORPORATION'S RULE 12(b) MOTION TO DISMISS. CERTIFICATE OF SERVICE. (dp, ) |
| Filing 32 REPLY BRIEF IN SUPPORT OF RULE 12(b) MOTION TO DISMISS OF DEFENDANT KEYSTONE SHIPPING CO. (SOMETIMES INCORRECTLY NAMED KEYSTONE STEAMSHIP COMPANY AND/OR KEYSTONE STEAMSHIP CO., AND PRESUMED TO BE THE INCORRECTLY NAMED KEYSTONE CORP.) (LACK OF PERSONAL JURSIDICTION; INSUFFICIENCY OF SERVICE OF PROCESS) [DOC. NO. 1966, 11/16/12] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(dp, ) |
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Filing 31
ORDER THAT THE 990 DISPOSITIVE MOTIONS ON THE ATTACHED LIST FILED AFTER 5/3/13 IN GROUPS 4 THROUGH 7 ARE DENIED WITHOUT PREJUDICE AS UNTIMELY. THE DEFENDANTS MAY RE-FILE THE MOTIONS, IF NECESSARY, WITHIN THE APPROPRIATE TIME-FRAME. ADDITIONAL INFORMATION CONTAINED HEREIN. (Attachments: #1 Case List, #2 Certificate of Service) SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/11/2013. 7/13/2013 ENTERED AND COPIES MAILED AND E-MAILED. (aeg,)
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Filing 30
ORDER THAT THE MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND INSUFFICIENCY OF SERVICE OF PROCESS FILED ON 6/21/13, BY DEFENDANTS FARRELL LINES INCORPORATED, ET. AL. IN THE 406 GROUP 4 THROUGH 7 CASES LISTED ON THE ATTACHED CASE LIST ARE DENIED WITHOUT PREJUDICE AS UNTIMELY. SEE ATTACHED.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/11/13. (Attachments: #1 CASE LIST, #2 Certificate of Service) 7/12/13 ENTERED AND COPIES MAILED AND E-MAILED.(dp, )
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| Filing 29 REPLY to Response to Motion re #26 MOTION to Dismiss (See paper #2641 in 02-md-875 for full attachment) filed by CROWLEY TOWING AND TRANSPORTATION COMPANY. (Attachments: #1 Attachment 1 - Case List, #2 Attachment 16 - Case List)(DIRKS, SUSAN) |
| Filing 28 RULE 12(b) MOTION TO DISMISS OF DEFT. FARRELL LINES, INC. FILED BY FARRELL LINES INC. CERT. OF SERVICE. (SEE PAPER #2574 IN 02-md-875 FOR FULL ATTACHMENT). |
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Filing 27
MOTION AND ORDER THAT PLAINTIFFS' COUNSEL FILED WITH THIS COURT A MOTION TO EXTEND TIME FOR PLAINTIFFS TO RESPOND TO CAUSATION MOTIONS FILED IN GROUP 2-7 CASE (DOC.2321 IN 02-875). AFTER DUE CONSIDERATION, AND BEING ADVISED DEFENDANTS DO NOT OBJECT, PLAINTIFFS' MOTION IS GRANTED. IT IS THEREFORE, ORDERED THAT PARAGRAPH 2 THIS COURT'S ORDER OF 5/3/13 [DOCKET NO. 2240] IS AMENDED TO READ AS FOLLOWS: "2. EXCEPT AS TO MOTIONS ALLEGING A LACK OF EVIDENCE OF CAUSATION, THE MOTIONS SCHEDULE IS UNCHANGED IN GROUP 2 AND IS EXTENDED IN THE OTHER GROUPS AS OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 5/22/13. (Attachments: #1 CASE LIST, #2 CERTIFICATE OF SERVICE) 5/23/13 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 25
ORDER THAT THE SCHEDULE IN THESE MATTERS IS AMENDED AS FOLLOWS: THE DISCOVERY SCHEDULE IS AMENDED IN GROUP 7 AS FOLLOWS: PLAINTIFF'S EXPERT REPORTS ARE DUE 7/12/2013; DEFENSE EXPERT REPORTS ARE DUE 9/3; AND PLAINTIFF'S REBUTTAL REPORTS ARE DUE 10/3/2013. THE DISCOVERY SCHEDULE IN ALL OTHER GROUPS IS UNAFFECTED BY THIS ORDER. THE MOTIONS SCHEDULE IS UNCHANGED IN GROUP 2 AND IS EXTENDED IN THE OTHER GROUPS, AS FOLLOWS - SEE ATTACHED. (Attachments: #1 Case List, #2 Certificate of Service) SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 5/3/2013. 5/7/2013 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 26 RULE 12(b) MOTION TO DISMISS OF DEFENDANT CROWLEY TOWING AND TRANSPORTATION CO. f/k/a CARIBE TUGBOAT CORPORATION, SOMETIMES INCORRECTLY IDENTIFIED AS CROWLEY TOWING CO. OR CROWLEY TUG & TOWING (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS). (Attachments: #1 Order, #2 Attachment A, #3 Attachment B (part 1)1, #4 Attachment B (part 1)2, #5 Attachment B (part 2)1, #6 Attachment B (part 2)2, #7 Attachment B, #8 Attachment C, #9 Attachment D, #10 Attachment E) *RELATED TO 02-md-875 #2244* (lisad, ) |
| Filing 24 REPLY BRIEF IN SUPPORT OF RULE 12(b) MOTION TO DISMISS OF DEFENDANT AMERICAN TRADING AND PRODUCTION CORPORATION, SOMETIMES INCORRECTLY NAMED AMERICAN TRADING CO. A/K/A AMER. TRAD. & PROD. (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS)[DOC. NO.1957, 11/16/12]. CERTIFICATE OF SERVICE.(Attachments: #1 Exhibit)(dp, ) |
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Filing 23
ORDER THAT THE MOTION TO WITHDRAW AS COUNSEL OF THE ATTORNEY LISTED IN EXHIBIT "A" IS GRANTED IN PART AND DENIED IN PART. (SEE 01-MD-875 #8825 FOR CASE LIST) SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/25/2013. 3/28/2013 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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Filing 22
ORDER THAT NO LATER THAN 2/4/2013, DEFENDANTS SHALL SUBMIT A CORRECTED LIST OF PLAINTIFFS IN GROUP 4 TO BE DISMISSED AS OUTLINED HEREIN. PLAINTIFFS HAVE UNTIL 2/25/2013 TO RESPOND BY FILING "OBJECTIONS TO AMENDED GROUP 1 DISMISSAL LIST" ON THE MARDOC DOCKET AND APPLICABEL INDIVIDUAL DOCKETS; ETC.. THE PARTIES SHALL FOLLOW THE SAME PROCEDURES WITH RESPECT TO GROUPS 5-7 WITH GROUP 5 LISTS DUE BY 4/4/2013 AND PLAINTIFFS' OBJECTIONS DUE BY 4/25/2013. AS TO GROUPS 6-7, LISTS ARE DUE 6/12/2013 AND PLAINTIFFS' OBJECTIONS DUE 7/3/2013. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/8/2013. 1/10/2013 ENTERED AND COPIES MAILED AND E-MAILED. (ems)
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| Filing 20 RULE 12(b) MOTION TO DISMISS OF DEFENDANT KEYSTONE SHIPPING CO. SOMETIMES INCORRECTLY NAMED KEYSTONE STEAMSHIP COMPANY AND/OR KEYSTONE STEAMSHIP CO. AND PRESUMED TO BE THE INCORRECTLY NAMED KEYSTONE CORP. (LACK OF PERSONAL JURISDICTION; INSUFFICIENCY OF SERVICE OF PROCESS). Memorandum, Certificate of Service. (ems) |
| Filing 21 RULE 12(B) MOTION TO DISMISS OF AMERICAN TRADING AND PRODUCTION CORPORATION, SOMETIMES INCORRECTLY NAMED AMERICAN TRADING CO. A/K/A AMER. TRAD. & PROD. (LACK OF PERSONAL JURISDICTION). MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F-1, #8 Exhibit F-2)(aeg, ) Modified on 11/20/2013 (lisad, ). |
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Filing 19
STIPULATION AND ORDER OF DISMISSAL AS TO DEFENDANT FORD MOTOR COMPANY WITHOUT PREJUDICESIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/22/12. 6/25/12 ENTERED AND COPIES MAILED, E-MAILED.(rf, )
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| Filing 18 STIPULATION of Dismissal by FORD MOTOR COMPANY, OTTO W. SCHINDLER. (HENDERSON, HAROLD) |
| Filing 13 NOTICE of Appearance by SUSAN SQUIRE BOX on behalf of FORD MOTOR COMPANY with Certificate of Service(BOX, SUSAN) |
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Filing 17
ORDER THAT PLAINTIFFS' MOTION 1024 TO EXTEND THE GROUP 1 DISCOVERY DEADLINE IS GRANTED IN PART; THE NEW DEADLINES ARE SET FORTH IN A TABLE ATTACHED TO THIS ORDER. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE 02-MD-875 PAPER NO. 1154 FOR FULL ATTACHMENTS) 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO CASES IN GROUPS 1-7). (uh, )
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Filing 16
ORDER THAT THE MOTIONS FOR LEAVE TO FILE REPLY BRIEFS 1039, 1089, 1099, 1101 ARE GRANTED; THE JOINT MOTION 866 ON BEHALF OF VARIOUS SHIPOWNER DEFENDANTS TO COMPEL THE PRODUCTION OF MATERIALS SUBMITTED TO BANKRUPTCY TRUSTS IS GRANTED IN PART; THE JOINT MOTION 948 TO COMPEL THE PRODUCTION OF COAST GUARD DISCHARGE CERTIFICATES IS GRANTED IN PART, ETC.; THE JOINT MOTION 852 TO COMPEL PLAINTIFFS TO VERIFY THEIR INTERROGATORY RESPONSES AND FURTHER RESPOND TO DISCOVERY AND DEFENDANT IMO INDUSTRIES INC.'S MOTION 800 TO COMPEL ARE GRANTED IN PART, ETC.; THE JOINT MOTION 867 TO PRECLUDE THE USE BY PLAINTIFFS OF CERTAIN MEDICAL RECORDS IS DENIED; IMO INDUSTRIES INC'S MOTION 801 FOR PROTECTIVE ORDER IS DENIED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE 02-MD-875 PAPER NO. 1156 FOR FULL ATTACHMENTS). 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO THE GROUP 1 MARDOC CASES).(uh, )
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Filing 14
MEMORANDUM IN SUPPORT OF ORDER RE: VARIOUS MOTIONS 1. 866, 948, 852, 800, 867 FILED ON THE MARITIME DOCKET. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE PAPER NO. 1155 02-MD-875 FOR CASE LIST) 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED (APPLIES TO MARDOC GROUP 1 CASES).(kah, )
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| Filing 12 NOTICE of Appearance by JOHN E. HERRICK on behalf of PLAINTIFFS. Certificate of Service. (See doc. #608 in 02-md-875 for full list of cases.) (aeg, ) |
| Filing 11 CASE MANAGEMENT AND SCHEDULING ORDER FOR MARDOC GROUP 7. SIGNED BY HONORABLE ELIZABETH T. HEY ON 11/21/2011. 11/25/2011 ENTERED AND COPIES MAILED, AND E-MAILED.(uh, ) |
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Filing 10
ORDER THAT THE ORDER APPOINTING BRUCE LASSMAN, ESQ. SPECIAL MASTER IN THE MARDOC CASES (DOC. NO. 461), LISTED IN EXHIBIT "A" ATTACHED, IS VACATED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/28/11. 10/03/11 ENTERED AND COPIES MAILED, E-MAILED. (SEE PAPER NO. 540 IN 02-MD-875 FOR CASE LIST).(ahf)
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| Filing 9 NOTICE OF APPEARANCE OF HAROLD W. HENDERSON AS COUNSEL FOR MULTIPLE SHIPOWNER DEFENDANTS, CERTIFICATE OF SERVICE (dp, ) |
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Filing 8
ORDER REGARDING STATUS AND SCHEDULE OF THE MARDOC CASES LISTED ON THE ATTACHED ORDER THAT NO LATER THAN 8/12/11 PLAINTIFFS' COUNSEL SHALL FILE WITH THE COURT WITH A COPY TO DEFENSE COUNSEL A LIST OR SPREADSHEET IDENTIFYING WHICH DEFENDANTS THEY ARE PURSUING IN EACH INDIVIDUAL PLAINTIFF'S CASE ON THE ATTACHED LIST; NO LATER THAN 8/19/11 COUNSEL FOR EACH DEFENDANT SHALL FILE AN ENTRY OF APPEARANCE ON ALL CASES ON WHICH IT HAS BEEN IDENTIFIED, ETC.; NO LATER THAN 9/2/2011 DEFENDANTS SHALL SUBMIT A LETTER TO JUDGE HEY WITH A COPY TO PLAINTIFFS' COUNSEL IDENTIFYING THOSE MOTIONS THEY WISH TO FILE PRELIMINARILY, ETC. AND IF PLAINTIFFS DISPUTE THAT ANY MOTION WOULD BE APPROPRIATE FOR DISPOSITION AT THIS STAGE THEY SHALL SO EXPLAIN BY LETTER TO JUDGE HEY WITH A COPY TO COUNSEL NO LATER THAN 9/16/2011; A STATUS AND SCHEDULING CONFERENCE SHALL TAKE PLACE ON THESE MATTERS ON 9/28/2011 AT 10:00 AM IN COURTROOM 11A, ETC.; NO LATER THAN 10/14/2011 PLAINTIFFS SHALL SUBMIT PROPOSED ORDERS FOR JUDGE ROBRENO'S SIGNATURE DISMISSING THOSE DEFENDANTS WHICH ARE CURRENTLY LISTED ON EACH PLAINTIFF'S DOCKET IN THE ED-PA BUT WHICH PLAINTIFF IS NO LONGER PURSUING. (SEE CASE NO: 02-MD-875 PAPER NO. 465 FOR CASE LIST). SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/26/11. 7/28/11 ENTERED AND COPIES MAILED, E-MAILED.(dp, )
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Filing 7
ORDER THAT BRUCE LASSMAN, ESQ. IS APPOINTED AS SPECIAL MASTER IN THE CASES LISTED IN EXHIBIT "A" ATTACHED.(SEE PAPER NO. 461 ON 02-MD-875 FOR CASE LIST).. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/27/11. 7/6/11 ENTERED AND COPIES E-MAILED.(dp, )
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Filing 6
ORDER THAT THE HONORABLE MAGISTRATE JUDGE ELIZABETH T. HEY IS APPOINTED TO OVERSEE AND SUPERVISE THE ASBESTOS MARITIME DOCKET ("MARDOC") AND IS AUTHORIZED TO ENTER ORDERS AS NECESSARY, PURSUANT TO 28 U.S.C. 636. SEE PAPER NO. 462 ON 02-MD-875 FOR CASE LIST. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/27/2011. 7/6/2011 ENTERED AND COPIES E-MAILED.(jcab)
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| Filing 5 NOTICE of Appearance by DONALD A. KRISPIN on behalf of OTTO W. SCHINDLER with Certificate of Service(KRISPIN, DONALD) |
| Filing 4 AND NOW ON THIS 1ST DAY OF APRIL, 2011, IT IS HEREBY ORDERED THAT THE ABOVE CASES ARE HEREBY CONSOLIDATED. ALL PLEADINGS ARE TO BE FILED UNDER THE LEAD CASE NUMBER. THE MEMBER CASE(S) ARE TO BE STATISTICALLY CLOSED AND THE CAPTION OF THE LEAD CASE IS TO BE AMENDED TO INCLUDE ALL DEFENDANTS FROM THE MEMBER CASE. SIGNED BY THE HONORABLE JUDGE EDUARDO C. ROBRENO ON 04/01/2011. 05/06/2011 ENTERED AND COPIES MAILED AND E-MAILED. (nl, ) |
| Filing 3 NOTICE TO COUNSEL (nl, ) |
| Filing 2 AMENDED ADMINISTRATIVE ORDER NO. 11 THAT THE MODIFICATIONS TO THE EXISTING PROCEDURES FOR THE PROCESSING OF CASES, DOCKETS, PLEADINGS AND ORDERS IN MDL 875 CASES ARE ADOPTED AS OUTLINED IN THIS ORDER, ETC. ENTERED AND COPIES MAILED. (nl, ) |
| Filing 1 MARDOC TRANSFER ORDER NO. 37 THAT THE CLERK OF COURT IS ORDERED TO INITIATE THE PROCEDURES FOR THE TRANSFER OF MDL 875 (MARDOC) CASES FROM THE U.S.D.C. EASTERN DISTRICT OF MICHIGAN, IN ACCORDANCE WITH THE TERMS OF THIS COURT'S ADMINISTRATIVE ORDER NO. 11. ENTERED AND COPIES MAILED. (nl, ) |
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