HOPKINS v. PLANT INSULATION CO.

Civ.A. No. 06-298-JJF.

342 B.R. 703 (2006)

Marlene HOPKINS, individually, as Wrongful Death Heir, and as Successor-in-Interest to Norman Hopkins, Jr., Deceased; and Michelle Hopkins, and Michael Hopkins, as Legal Heirs of Norman Hopkins, Deceased, the Flintkote Company, the Official Committee of the Asbestos Personal Injury Claimants, and James J. McMonagle as the Legal Representative for Future Asbestos Personal Injury Claimants, Plaintiffs, v. PLANT INSULATION COMPANY; Uniroyal Holding, Inc.; Imperial Tobacco Canada Limited; Sullivan & Cromwell LLP; and Does 1 through 100, Defendants.

United States District Court, D. Delaware.

June 13, 2006.


Attorney(s) appearing for the Case

Stephen M. Miller, Brett D. Fallon, Morris, James, Hitchens & Williams LLP, Wilmington, DE, of Counsel: L. Joseph Loveland; James A. Pardo, Jr., Mark M. Maloney, King & Spalding LLP, Atlanta, GA, for Imperial Tobacco Canada Limited.

Laura Davis Jones, James E. O'Neill, Pachulski Stand Ziehl Young Jones & Weintraub LLP, Wilmington, DE, of Counsel: Stephen M. Snyder, James L. Miller, Snyder Miller & Orton LLP, Eliot S. Jubelirer, Jean L. Bertrand, Morgenstein & Jubelirer, San Francisco, CA, Kelly C. Wooster, Kelly C. Wooster, Copperopolis, CA, The Law Office of Alan Pedlar, a Professional Corporation, Aptos, CA, for Plaintiffs.


MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is the Emergency Petition Of Imperial Tobacco Canada Limited For An Order Of Transfer Pursuant To 28 U.S.C. § 157(B)(5) (D.I. 1). For the reasons discussed, the Court will exercise its discretion to abstain from exercising jurisdiction over the California Action and deny the Petition requesting transfer under Section 157(b)(5).

BACKGROUND

I. Procedural...

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