CONDITIONAL REMAND ORDER
The transferee court in this litigation has, in the actions on this conditional remand order: (1) severed all claims for punitive or exemplary damages; and (2) advised the Panel that coordinated or consolidated pretrial proceedings with respect to the remaining claims have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. § 1407(a), is appropriate.
IT IS THEREFORE ORDERED that all claims in the action(s) on this conditional remand order except the severed damages claims be remanded to its/their respective transferor court(s).
IT IS ALSO ORDERED that, pursuant to Rule 10.2 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the transmittal of this order to the transferee clerk for filing shall be stayed 7 days from the date of this order. If any party files a notice of opposition with the Clerk of the Panel within this 7-day period, the stay will be continued until further order of the Panel. This order does not become effective until it is filed in the office of the Clerk for the United States District Court for the Eastern District of Pennsylvania.
IT IS FURTHER ORDERED that, pursuant to Rule 10.4(a), the parties shall furnish the Clerk for the Eastern District of Pennsylvania with a stipulation or designation of the contents of the record to be remanded and all necessary copies of any pleadings or other matter filed so as to enable said Clerk to comply with the order of remand.
Inasmuch as no objection is pending at this time, stay is lifted.
IN RE: ASBESTOS PRODUCTS LIABILITY
LITIGATION (NO. VI) MDL No. 875
SCHEDULE FOR CRO
TRANSFEREE TRANSFEROR
DIST DIV. C.A. NO. DIST DIV. C.A. NO. CASE CAPTION
PAE 2 11-64219 CAN 3 11-00986 Whelan et al v. General Electric Company et al
Gerecke et al v. Huntington Ingalls
PAE 2 11-67271 CAN 3 11-03507 Incorporated et al
PAE 2 09-62999 CAN 4 07-04240 LYMAN et al v. UNION CARBIDE
CORPORATION et al
PAE 2 11-67274 CAN 4 11-03399 McClain et al v. United States Steel
Corporation et al
PAE 2 11-63477 ND 1 11-00017 THOMAS v. ABEX CORPORATION et al
PAE 2 09-66670 ND 1 90-00289 SKAGER v. A.H. BENNETT COMPANY et al
PAE 2 09-66671 ND 1 90-00290 STIMAC v. A.H. BENNETT COMPANY et al
PAE 2 09-66672 ND 1 90-00291 STUMPF v. A.H. BENNETT COMPANY et al
PAE 2 09-66673 ND 1 90-00292 SULLIVAN v. A.H. BENNETT COMPANY et
al
PAE 2 09-66674 ND 1 90-00293 SUNDBY v. A.H. BENNETT COMPANY et al
PAE 2 09-66675 ND 1 90-00294 TOEPKE v. A.H. BENNETT COMPANY et al
PAE 2 09-66676 ND 1 90-00295 VOEGELE v. A.H. BENNETT COMPANY et
al
PAE 2 09-66677 ND 1 90-00296 WARD v. A.H. BENNETT COMPANY et al
PAE 2 09-66678 ND 1 90-00297 WIRTZ v. A.H. BENNETT COMPANY et al
PAE 2 09-66679 ND 1 90-00298 WOODS v. A.H. BENNETT COMPANY et al
PAE 2 09-66680 ND 1 90-00299 ZACHMEIER v. A.H. BENNETT COMPANY
et al
PAE 2 09-66681 ND 1 90-00300 ZACHMEIER v. A.H. BENNETT COMPANY
et al
PAE 2 09-66682 ND 1 90-00301 ZACHMEIER v. A.H. BENNETT COMPANY
et al
PAE 2 09-66683 ND 1 90-00302 ZOLLER v. A.H. BENNETT COMPANY et al
*PAE 2 09-64060 CAN 3 08-04461 Robert Mcmeans v. General Electric Co., et al.
* — denotes that the civil action has been severed.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: ASBESTOS PRODUCTS Consolidated Under
LIABILITY LITIGATION (No. VI) MDL DOCKET NO. 875
Transferred from the Northern
WHELAN District of California,
v. Case No. 11-00986
GENERAL ELECTRIC CO. E.D. PA No. 2:11-cv-64219
SUGGESTION OF REMAND
AND NOW, this 7th day of January, 2013, it is hereby ORDERED that, upon review of the above captioned case under MDL-875 Administrative Order No. 18, No. 01-875 (E.D. Pa. April 30, 2009), ECF No. 6197, the Court finds that, as to the above-captioned case:
a.) Plaintiff has complied with MDL-875 Administrative Orders 12 and 12A (see the MDL 875 website's Administrative Orders page, at http://www.paed.uscourts.gov/md1875d.aso).
b.) Parties have completed their obligations under the Rule 16 order issued by the Court (see ECF No. 14).
c.) All discovery has been completed.
d.) The Court has adjudicated all outstanding motions, including dispositive motions. Particularly relevant rulings include:
i. Summary judgment of defendant Bath Iron Works Corp. was denied (ECF No. 45).
e.) Rule 18 settlement discussions have been exhausted at this time as to the remaining viable defendants.
f.) The Court finds that this case is prepared for trial without delay once on the transferor court's docket, subject to any trial-related motions in limine (including Daubert challenges).
g.) According to Plaintiffs, the remaining viable Defendants for trial are:
i. Bath Iron Works Corp.
ii. General Electric Co.
h.) Any demand for punitive damages is severed, and claims for punitive or exemplary damages are retained by the MDL-875 Court. See Fed. R. Civ. P. 42(b).
Accordingly, the Court SUGGESTS that the above-captioned case should be REMANDED to the United States District Court for the Northern District of California for resolution of all matters pending within this case except punitive damages.1
Alternatively, parties in the below-listed cases have seven (7) days within which to consent to a trial before an Article II or Magistrate Judge in the Eastern District of Pennsylvania. In such an event, if consent is granted, a trial will be scheduled within sixty (60) days, on a date convenient to the parties in Philadelphia, Pennsylvania, and the Suggestion of Remand will be vacated.
AND IT IS SO ORDERED.
_______________________
EDUARDO C. ROBRENO, J.
SUGGESTION OF REMAND MEMORANDUM Updated September 5, 2012
To: Transferor Judge
From: Judge Eduardo C. Robreno, Presiding Judicial Officer, MDL 875
Re: Asbestos case that has been transferred to your court
Status of the case that has been transferred from the Eastern District of Pennsylvania
This case has been transferred back to the transferor court, from the MDL 875 Court in the Eastern District of Pennsylvania.
Cases that are remanded to transferor courts are ordinarily ready for trial, pursuant to this Court's Administrative Order No. 18 (see http://www.paed.uscourts.gov/md1875d.asp).
Specific information regarding the history of a specific case while it was in the MDL 875 Court can be found in the Suggestion of Remand (above) that the MDL Court submitted to the Judicial Panel on Multidistrict Litigation in connection with its Order.
History of MDL 875, In re: Asbestos Products Liability Litigation
MDL 875, In re: Asbestos Products Liability Litigation, involves issues relating to personal injury damages caused by asbestos products. It currently consists of about 6,000 cases transferred by the Judicial Panel on Multidistrict Litigation, which has been transferring cases to the Eastern District of Pennsylvania since 1991. Each case typically consists of claims by multiple plaintiffs against multiple defendants. Since its inception, the litigation has involved more than 100,000 cases and up to ten million claims, including land-based and maritime claims ("MARDOC").
Beginning with Administrative Order No. 12 (see http://www.paed.uscourts.gov/md1875d.asp) in 2008, the Court initiated an aggressive, pro-active policy to facilitate the processing of cases. The policy involves giving newly transferred cases scheduling orders; setting cases for settlement conferences; having motion hearings; and remanding trial-ready cases to transferor courts, or, in the alternative, holding trials in the Eastern District of Pennsylvania (if so requested by the parties).
Resources available for transferor courts on the MDL 875 website
More information about the history of MDL 875 can be found on the Eastern District of Pennsylvania's MDL 875 website at http://www.paed.uscourts.gov/md1875a.asp. Additionally, all Administrative Orders issued in this litigation (including current Orders and those no longer in effect) can be found at http://www.paed.uscourts.gov/md1875d.asp.
Also on the website is an Excel spreadsheet of all decisions issued by the Presiding Officer on substantive and procedural matters since 2008 (see http://www.paed.uscourts.Rov/mdl875n.asp). This spreadsheet is updated regularly, and it can be sorted by jurisdiction, case caption, subject matter, party name, etc. It is also word searchable. The MDL-875 Court intends this spreadsheet to be a helpful resource for transferor courts addressing issues similar to those already addressed by the MDL-875 Court.
Other options available to assist the Transferor Court with legal research include searchable databases created by LexisNexis and Westlaw. Directions on how to access these databases can be found on http://www.paed.uscourts.gov/md1875n.asp.
Contact information for the MDL 875. Court
The MDL 875 Court is ready, willing and able to assist the transferor court with any matters relating to the transfer of the case or any substantive or procedural issues that may arise.
You may contact the Presiding Judicial Officer (Judge_Eduardo_Robreno@paed.uscourts.gov), the MDL 875 law clerk (Michele_Ventura@paed.uscourts.gov or (267) 299-7422), or the Clerk's Office ((267) 299-7012) for further assistance.
Intercircuit Assignment Committee
The Intercircuit Assignment Committee of the Judicial Conference, under the leadership of Judge J. Frederick Motz of the District of Maryland, can assist in the identification and assignment of a senior judge from another District who is ready, willing and able to preside over the trial of this case. If appropriate, please contact Judge Motz at Judge_J_Frederick_Motz@mdd.uscourts.gov or (410) 962-0782.
United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:11-cv-64219-ER
Internal Use Only
WHELAN v. GENERAL ELECTRIC COMPANY et al Date Filed: 04/01/2011
Assigned to: HONORABLE EDUARDO C. ROBRENO Date Terminated: 01/28/2013
Referred to: MAGISTRATE JUDGE M. FAITH ANGELL Jury Demand: None
(Settlement) Nature of Suit: 368 P.I.: Asbestos
Case in other court: NORTHERN CALIFORNIA, 11-00986 Jurisdiction: Diversity
Cause: 28:1332 Diversity-Asbestos Litigation
Plaintiff
SHIRLEY WHELAN represented by ALAN R. BRAYTON
AS WRONGFUL DEATH HEIR, AND BRAYTON, PURCELL LLP
AS SUCCESSOR-IN-INTEREST TO 222 RUSH LANDING RD
ROBERT WHELAN PO BOX 6169
TERMINATED: 09/07/2011 NOVATO, CA 94945
415-898-1555
Email: abrayton@braytonlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DAVID R. DONADIO
BRAYTON PURCELL LLP
222 RUSH LANDING RD
POBOX 6169
NOVATO, CA 94948
Email: ddonadio@braytonlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
GEOFF T. SLONIKER
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: gsloniker@braytonlaw.com
ATTORNEY TO BE NOTICED
KIMBERLY J.W.J. CHU
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: kchu@braytonlaw.com
ATTORNEY TO BE NOTICED
Plaintiff
ARLENE GARCIA represented by ALAN R. BRAYTON
SUCCESSOR-IN-INTEREST TO (See above for address)
PLAINTIFF SHIRLEY WHELANM ATTORNEY TO BE NOTICED
DECEASED
DAVID R. DONADIO
(See above for address)
ATTORNEY TO BE NOTICED
GEOFF T. SLONIKER
(See above for address)
ATTORNEY TO BE NOTICED
KIMBERLY J.W.J. CHU
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
GENERAL ELECTRIC COMPANY represented by DEREK S. JOHNSON
WALSWORTH RANKLIN BEVINS &
MCCALL LLP
601 MONTGOMERY ST 9TH FL
SAN FRANCISCO, CA 94111
415-781-7900
Email: djohnson@wfbm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ALLISON M. LOW
SEDGWICK LLP
333 BUSH ST 30TH FL
SAN FRANCISCO, CA 94104-2834
415-627-1466
Email: allison.low@sedgwicklaw.com
ATTORNEY TO BE NOTICED
Defendant
FOSTER WHEELER LLC (FKA represented by JAMES C. PARKER
FOSTER WHEELER BRYDON HUGO & PARKER
CORPORATION) 135 MAIN STREET
TERMINATED: 10/26/2012 20TH FLOOR
SAN FRANCISCO, CA 94105
TERMINATED: 10/26/2012
SHELLEY K. TINKOFF
BRYDON HUGO & PARKER
135 MAIN ST 20TH FL
SAN FRANCISCO, CA 94105
415-808-0300
Email: tinkoff@bhplaw.com
TERMINATED: 10/26/2012
Defendant
GENERAL DYNAMICS represented by JAMES J. O'BRIEN
CORPORATION JACKSON JENKINS RENSTROM
TERMINATED: 10/17/2011 LLP
55 FRANCISCO ST 6TH FL
SAN FRANCISCO, CA 94133
415-982-3600
Email: jobrien@jjr-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
KERI A. DONOHUE
JACKSON JENKINS RENSTROM
55 FRANCISCO ST 6TH FL
SAN FRANCISCO, CA 94133
415-982-3600
Email: kdonohue@jjr-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DANIEL DENNIS O'SHEA
PERKINS COLE LLP
FOUR EMBARCADERO CENTER
SUITE 2400
SAN FRANCISCO, CA 94111
415-344-7002
Email: doshea@perkinscoie.com
TERMINATED: 10/17/2011
GABRIEL A. JACKSON
JACKSON JENKINS RENSTROM
LLP
55 FRANCISCO ST 6TH FL
SAN FRANCISCO, CA 94133
415-982-3600
Email: gaby@jjr-law.com
ATTORNEY TO BE NOTICED
Defendant
NORTHROP GRUMMAN represented by DANIEL JAMES KELLY
SHIPBUILDING, INC. TUCKER ELLIS & WEST LLP
TERMINATED: 09/28/2011 135 MAIN ST STE 700
SAN FRANCISCO, CA 94105
415-617-2400
Email: daniel.kelly@tuckerellis.com
TERMINATED: 09/28/2011
Defendant
BATH IRON WORKS represented by JAMES J. O'BRIEN
CORPORATION (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DANIEL DENNIS O'SHEA
(See above for address)
TERMINATED: 07/23/2012
GABRIEL A. JACKSON
(See above for address)
ATTORNEY TO BE NOTICED
KERI A. DONOHUE
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
04/01/2011 view1 TRANSFER ORDER NO. 963 THAT THE CLERK OF COURT
IS ORDERED TO INITIATE THE PROCEDURES FOR THE
TRANSFER OF MDL 875 CASES FROM THE U.S.D.C.
NORTHERN DISTRICT OF CALIFORNIA, IN ACCORDANCE
WITH THE TERMS OF THIS COURT'S ADMINISTRATIVE
ORDER NO. 11. ENTERED AND COPIES MAILED. (jm,)
(Entered: 04/12/2011)
04/01/2011 view2 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. (jm,) (Entered: 04/12/2011)
04/01/2011 view3 NOTICE TO COUNSEL (jm,) (Entered: 04/12/2011)
04/01/2011 view4 DOCKET ENTRIES FILED IN NORTHERN DISTRICT OF
CALIFORNIA (SAN FRANCISCO) (jm,) (Entered: 04/12/2011)
04/14/2011 view5 ANSWER to Complaint by NORTHROP GRUMMAN
SHIPBUILDING, INC.. (KELLY, DANIEL) (Entered:
04/14/2011)
04/14/2011 view6 NOTICE by NORTHROP GRUMMAN SHIPBUILDING, INC.
of Corporate Disclosure Statement (KELLY, DANIEL) (Entered:
04/14/2011)
04/15/2011 view7 ANSWER to Complaint For Survival, Wrongful Death Asbestos;
Demand for Jury Trial by GENERAL ELECTRIC COMPANY.
(LOW, ALLISON) (Entered: 04/15/2011)
04/15/2011 view8 NOTICE of Appearance by ALLISON M. LOW on behalf of
GENERAL ELECTRIC COMPANY (LOW, ALLISON)
(Entered: 04/15/2011)
04/15/2011 view9 ANSWER to Complaint by FOSTER WHEELER LLC (FKA
FOSTER WHEELER CORPORATION). (TINKOFF, SHELLEY)
(Entered: 04/15/2011)
04/15/2011 view10 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate
of Service by FOSTER WHEELER LLC (FKA FOSTER
WHEELER CORPORATION). (TINKOFF, SHELLEY) (Entered:
04/15/2011)
04/15/2011 view11 NOTICE by FOSTER WHEELER LLC (FKA FOSTER
WHEELER CORPORATION) re 10 Disclosure Statement Form,
9 Answer to Complaint Notice of Payment of Contribution
Pursuant to Administrative Order No. 14 (TINKOFF, SHELLEY)
(Entered: 04/15/2011)
04/29/2011 view12 NOTICE of Appearance by DANIEL DENNIS O'SHEA on behalf
of GENERAL DYNAMICS CORPORATION with Certificate of
Service (O'SHEA, DANIEL) (Entered: 04/29/2011)
04/29/2011 view13 NOTICE of Appearance by DANIEL DENNIS O'SHEA on behalf
of BATH IRON WORKS CORPORATION with Certificate of
Service (O'SHEA, DANIEL) (Entered: 04/29/2011)
05/16/2011 view14 ORDER THAT IN THE CASES LISTED IN EXHIBIT "A,"
ATTACHED, A STATUS AND SCHEDULING CONFERENCE
WILL BE HELD ON 5/31/11, AT 2:00PM, IN COURTROOM
11A. SEE ATTACHED. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 5/10/11. 5/17/11 ENTERED
AND COPIES MAILED, E-MAILED. (dp,) (Entered:
05/17/2011)
05/31/2011 view15 Letter to Emily Breslin, Clerk to the Honorable Eduardo C.
Robreno by SHIRLEY WHELAN. (CHU, KIMBERLY) (Entered:
05/31/2011)
06/03/2011 view16 SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE
SET FOR 1/24/2012 10:00 AM IN COURTROOM 11 a BEFORE
HONORABLE EDUARDO C. ROBRENO. DISCOVERY DUE
BY 8/16/2011. MOTION FOR SUMMARY JUDGMENT DUE
BY 11/30/2011. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 6/2/2011. 6/6/2011 ENTERED AND COPIES
MAILED AND E-MAILED.(sg,) (Entered: 06/06/2011)
06/27/2011 view17 ANSWER to Complaint for Survival, Wrongful Death Asbestos;
Jury Demand; Certificate of Service by BATH IRON WORKS
CORPORATION.(O'SHEA, DANIEL) (Entered: 06/27/2011)
06/27/2011 view18 ANSWER to Complaint for Survival, Wrongful Death-Asbestos;
Jury Demand; Certificate of Service by GENERAL DYNAMICS
CORPORATION.(O'SHEA, DANIEL) (Entered: 06/27/2011)
06/30/2011 view19 MOTION to Substitute Party [Proposed] Order filed by
SHIRLEY WHELAN. Declaration Of Arlene Garcia. (SLONIKER,
GEOFF) (Entered: 06/30/2011)
06/30/2011 view20 CERTIFICATE OF SERVICE by SHIRLEY WHELAN re 19
MOTION to Substitute Party [Proposed] Order (SLONIKER,
GEOFF) (Entered: 06/30/2011)
09/07/2011 view21 ORDER THAT ARLENE GARCIA BE SUBSTITUTED FOR
DECEDENT IN THIS CAUSE OF ACTION AS TO THE
SURVIVING WRONGFUL DEATH CLAIMS OF
DECEDENT'S ESTATE. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 9/6/2011. 9/8/2011 ENTERED
AND COPIES MAILED AND E-MAILED.(sg,) (Entered:
09/08/2011)
09/23/2011 view22 NOTICE of Voluntary Dismissal by ARLENE GARCIA As To
NORTHROP GRUMMAN SHIPBUILDING, INC., ONLY,
WITHOUT PREJUDICE (DONADIO, DAVID) (Entered:
09/23/2011)
09/28/2011 view23 ORDER THAT NORTHROP GRUMMAN SHIPBUILDING,
INC. IS DISMISSED FROM THIS ACTION WITHOUT
PREJUDICE. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 9/27/2011. 9/29/2011 ENTERED AND COPIES
MAILED AND E-MAILED. (sg,) (Entered: 09/29/2011)
10/12/2011 view24 NOTICE of Voluntary Dismissal by All Plaintiffs As To
GENERAL DYNAMICS CORPORATION, ONLY, WITHOUT
PREJUDICE (DONADIO, DAVID) (Entered: 10/12/2011)
10/17/2011 view25 ORDER THAT GENERAL DYNAMICS CORPORATION IS
DISMISSED FROM THIS ACTION WITHOUT PREJUDICE.
SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
10/17/2011. 10/18/2011 ENTERED AND COPIES MAILED
AND E-MAILED.(sg,) (Entered: 10/18/2011)
11/21/2011 view26 STIPULATION Between General Electric Company and
Plaintiffs Represented by Brayton Purcell Regarding Agreement
to be Bound by Ruilings on Previously Filed Motions for Summary
Judgment by GENERAL ELECTRIC COMPANY. (LOW,
ALLISON) (Entered: 11/21/2011)
12/06/2011 view (Court only) ***Case Reopened (sf,) (Entered: 12/06/2011)
01/23/2012 view27 ORDER THAT HEARINGS ON ALL PENING OPPOSED
DISPOSITIVE MOTIONS INCLUDING MOTIONS FOR
SUMMARY JUDGMENT WILL BE HELD ON 4/10/2012 AT
10 AM IN COURTROOM 11A. ETC.. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 1/20/2012.
1/24/2012 ENTERED AND COPIES MAILED AND E-MAILED.
(sg,) (Entered: 01/24/2012)
04/10/2012 view28 MOTION for Summary Judgment filed by BATH IRON WORKS
CORPORATION. Memorandum, Declaration, [Proposed] Order,
Certificate of Service. (Attachments: # 1 Supplement
Memorandum, # 2 Affidavit Declaration of Ken A. Donohue, # 3
Exhibit A to Declaration of Keri A. Donohue, # 4 Exhibit B to
Declaration of Ken A. Donohue, # 5 Exhibit C to Declaration of
Ken A. Donohue, # 6 Exhibit Ca to Declaration of Ken A.
Donohue, # 7 Exhibit Cb to Declaration of Keri A. Donohue, # 8
Exhibit Cc to Declaration of Ken A. Donohue, # 9 Exhibit Cd to
Declaration of Ken A. Donohue, # 10 Exhibit Ce to Declaration of
Ken A. Donohue, # 11 Exhibit Cfl to Declaration of Keri A.
Donohue, # 12 Exhibit Cf2 to Declaration of Ken A. Donohue, #
13 Exhibit Cf3 to Declaration of Keri A. Donohue, # 14 Exhibit
Cf4 to Declaration of Ken A. Donohue, # 15 Exhibit Cg to
Declaration of Ken A. Donohue, # 16 Text of Proposed Order
[Proposed] Order) (DONOHUE, KERI) (Entered: 04/10/2012)
04/12/2012 view29 STATUS REPORT Regarding Scheduled Final Pre Remand
Conference on April 10, 2012 by ARLENE GARCIA, SHIRLEY
WHELAN. (CHU, KIMBERLY) (Entered: 04/12/2012)
04/25/2012 view30 ORDER OF REFERRAL TO MAGISTRATE JUDGE M. FAITH
ANGELL FOR PRETRIAL DISCOVERY, SETTLEMENT
CONFERENCE, AND TRIAL PREPARATION AS OUTLINED
HEREIN. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 4/24/2012. 4/26/2012 ENTERED AND COPIES
MAILED AND E-MAILED.(sg,) (Entered: 04/26/2012)
04/27/2012 view31 ORDERED THAT ALL PRIOR SCHEDULING ORDERS ARE
AMENDED AS OUTLINED HEREIN. ALL ADDITIONAL
SUMMARY JUDGMENT MOTIONS DUE 8/6/2012, FINAL
PRE-REMAND HEADING WILL BE HELD ON 10/23/2012.
ETC.. SIGNED BY MAGISTRATE JUDGE M. FAITH
ANGELL ON 4/27/2012. 4/27/2012 ENTERED AND COPIES
MAILED AND E-MAILED.(sg,) (Entered: 04/27/2012)
05/22/2012 view32 ORDER THAT A FINAL PRE-REMAND HEARING,
INCLUDING ORAL ARGUMENT ON ALL OPPOSED
SUMMARY JUDGMENT MOTIONS, WILL BE HELD ON
10/29/2012 AT 10:00 AM IN COURTROOM 15A, JAMES A.
BYRNE U.S. COURTHOUSE, 601 MARKET ST., PHILA., PA.
19106. SIGNED BY HONORABLE EDUARDO C. ROBRENO
ON 5/21/2012. 5/23/2012 ENTERED AND COPIES E-MAILED.
(sg) (Entered: 05/23/2012)
05/23/2012 view33 NOTICE of Appearance by DEREK S. JOHNSON on behalf of
GENERAL ELECTRIC COMPANY with Certificate of Service
(JOHNSON, DEREK) (Entered: 05/23/2012)
06/21/2012 view34 ORDER THAT A FINAL PRE-REMAND HEARING,
INCLUDING ORAL ARGUMENT ON ALL OPPOSED
SUMMARY JUDGMENT MOTIONS, WILL BE HELD ON
9/25/2012 AT 10:00am IN COURTROOM 15A; ETC.. SIGNED
BY HONORABLE EDUARDO C. ROBRENO ON 6/21/2012.
6/21/2012 ENTERED AND E-MAILED(sg) (Entered:
06/22/2012)
07/11/2012 view35 NOTICE of Appearance by GABRIEL A. JACKSON on behalf of
GENERAL DYNAMICS CORPORATION with Notice of
Appearance of Gabriel A. Jackson, James J. O'Brien, Keri A.
Donohue and Certificate of Service(JACKSON, GABRIEL)
(Entered: 07/11/2012)
07/11/2012 view36 NOTICE of Appearance by GABRIEL A. JACKSON on behalf of
BATH IRON WORKS CORPORATION with Notice of
Appearance of Gabriel A. Jackson, James J. OBrien, Keri A.
Donohue and Certificate of Service(JACKSON, GABRIEL)
(Entered: 07/11/2012)
07/23/2012 view37 MOTION AND ORDER THAT DANIEL O'SHEA, FORMER
ASSOCIATE TO JACKSON JENKINS RENSTROM LLP, IS
NO LONGER WITH THE FIRM. DEFENDANT ELECTRIC
BOAT COMPANY, GENERAL DYNAMICS CORPORATION,
AND BATH IRON WORKS CORPORATION
RESPECTFULLY REQUEST THAT DANIEL O'SHEA BE
REMOVED FROM THE COURT'S AND COUNSEL'S
SERVICE LISTS AND EMAIL NOTIFICATIONS WITH
RESPECT TO THE DEFENDANTS. GABRIEL A. JACKSON,
JAMES J. O'BRIEN AND KERI A. DONOHUE OF JACKSON
JENKINS RENSTROM LLP ARE ADDED AS COUNSEL;
ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO
ON 7/23/2012. 7/24/2012 ENTERED AND COPIES MAILED
AND E-MAILED. (ems) (Entered: 07/24/2012)
07/23/2012 view (Court only) ***Attorney JAMES J. O'BRIEN for BATH IRON
WORKS CORPORATION added. Attorney DANIEL DENNIS
O'SHEA terminated. (ems) (Entered: 07/24/2012)
09/06/2012 view38 RESPONSE in Opposition re 28 MOTION for Summary
Judgment PLAINTIFFS OPPOSITION TO DEFENDANT BATH
IRON WORKS CORPORATIONS MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION OF CERTAIN ISSUES filed by ARLENE
GARCIA, SHIRLEY WHELAN. (Attachments: # 1 Affidavit
DECLARATION OF GEOFF T. SLONIKER IN SUPPORT OF
PLAINTIFFS' OPPOSITION TO DEFENDANT BATH IRON
WORKS CORPORATIONS MOTION FOR SUMMARY
JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION OF CERTAIN ISSUES, # 2 Supplement
PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE
DECLARATION OF ROGER B. HORNE, # 3 Supplement
PLAINTIFFS REQUEST FOR ORAL ARGUMENT, # 4 Text of
Proposed Order [PROPOSED] ORDER DENYING
DEFENDANT BATH IRON WORKS CORPORATIONS
MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION OF CERTAIN
IS SUES)(SLONIKER, GEOFF) (Entered: 09/06/2012)
09/14/2012 view39 NOTICE by BATH IRON WORKS CORPORATION re 31
Order, to the Court in Response to the Court's Order of June 21,
2012 (DONOHUE, KERI) (Entered: 09/14/2012)
09/18/2012 view40 ORDER THAT THE FINAL PRE-REMAND HEARING IN
THIS CASE, INCLUDING ORAL ARGUMENT ON ALL
PENDING OPPOSED DISPOSITIVE MOTIONS, WHICH WAS
PREVIOUSLY SCHEDULED FOR 9/25/2012 IS CANCELED.
SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
9/17/2012. 9/19/2012 ENTERED AND COPIES MAILED AND
E-MAILED. (ems) (Entered: 09/19/2012)
09/20/2012 view41 REPLY to Response to Motion re 28 MOTION for Summary
Judgment filed by BATH IRON WORKS CORPORATION.
(Attachments: # 1 Affidavit of Ken A. Donohue) (DONOHUE,
KERI) (Entered: 09/20/2012)
09/21/2012 view42 STATUS REPORT RE FINAL PRE-REMAND CONFERENCE
ON SEPTEMBER 25, 2012 by ARLENE GARCIA, SHIRLEY
WHELAN. (CHU, KIMBERLY) (Entered: 09/21/2012)
10/23/2012 view43 STIPULATION of Dismissal by FOSTER WHEELER LLC
(FKA FOSTER WHEELER CORPORATION). (TINKOFF,
SHELLEY) (Entered: 10/23/2012)
10/26/2012 view44 ORDERED THAT DEFENDANT FOSTER WHEELER LLC
(FKA FOSTER WHEELER CORPORATION) IS DISMISSED
FROM THIS ACTION WITH PREJUDICE. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 10/25/2012.
10/31/2012 ENTERED AND COPIES MAILED AND E-MAILED.(sg,)
(Entered: 10/31/2012)
11/30/2012 view45 ORDERED THAT THE MOTION FOR SUMMARY
JUDGMENT OF DEFENDANT BATH IRON WORKS
CORPORATION IS DENIED. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 11/29/2012.12/3/2012 ENTERED
AND COPIES MAILED AND E-MAILED.(sg,) (Entered:
12/03/2012)
01/07/2013 view46 ORDER THAT THE COURT SUGGESTS THAT THIS CASE
SHOULD BE REMANDED TO THE UNITED STATES
COURT THE (DISTRICT) FOR RESOLUTION OF ALL
MATTERS PENDING WITHIN THIS CASE EXCEPT
PUNITIVE DAMAGES. PARTIES HAVE 7 DAYS WITHIN
WHICH TO CONSENT TO TRIAL BEFORE AN ARTICLE III
OR MAGISTRATE JUDGE IN THE EDPA. ETC.. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 1/4/2013.
1/8/2013 ENTERED AND COPIES MAILED AND E-MAILED.
(sg,) (Entered: 01/08/2013)
01/08/2013 view47 ORDER THAT THE COURT SUGGESTS THAT THIS CASE
SHOULD BE REMANDED TO THE UNITED STATES
COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
FOR RESOLUTION OF ALL MATTERS PENDING WITHIN
THIS CASE EXCEPT PUNITIVE DAMAGES. PARTIES HAVE
7 DAYS WITHIN WHICH TO CONSENT TO TRIAL BEFORE
AN ARTICLE III OR MAGISTRATE JUDGE IN THE EDPA.
ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO
ON 1/7/2013. 1/9/2013 ENTERED AND COPIES MAILED
AND E-MAILED.(sg,) (Entered: 01/09/2013)
01/28/2013 view48 Copy of Conditional Remand Order from the Judicial Panel on
Multidistrict Litigation that all claims in the actions on this order
except the severed damages claims be remanded to their
respective transferor courts: CA-N 3:11-986, 11-3507, 08-4461,
4:07-4240, 11-3399; ND-D 1:11-17, 90-289, 90-290, 90-291, 90-292,
90-293, 90-294, 90-295, 90-297, 90-298, 90-299, 90-300, 90-301,
90-302. (See Paper # 8805 in 01-md-875). (tjd) (Entered:
01/29/2013)
01/28/2013 view (Court only) ***Civil Case Terminated. (sf,) (Entered:
01/29/2013)
01/29/2013 view Certified copy of Conditional Remand Order along with a copy of
the docket E-mailed to the Northern District of California. (tjd)
(Entered: 01/29/2013)
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