COTTEN v. ASBESTOS CORPORATION LIMITED

Case No. 14-cv-02124-JD (JSC).

PATRICIA COTTEN, et al., Plaintiffs. v. ASBESTOS CORPORATION LIMITED, et al., Defendants.

United States District Court, N.D. California.

May 26, 2015.


Attorney(s) appearing for the Case

Patricia Cotten, as Successor-in-interest to and as Wrongful Death Heir of Patrick Mahoney, Deceased, Plaintiff, represented by David R. Donadio , Brayton Purcell LLP, Alan R. Brayton , Brayton Purcell LLP, Kimberly Joy Wai Jun Chu , Brayton Purcell LLP & Richard Martin Grant , Brayton Purcell LLP.

Maureen Duncan, as Wrongful Death Heir of Patrick Mahoney, Deceased, Plaintiff, represented by David R. Donadio , Brayton Purcell LLP, Alan R. Brayton , Brayton Purcell LLP, Kimberly Joy Wai Jun Chu , Brayton Purcell LLP & Richard Martin Grant , Brayton Purcell LLP.

Michael Mahoney, as Wrongful Death Heir of Patrick Mahoney, Deceased, Plaintiff, represented by David R. Donadio , Brayton Purcell LLP, Alan R. Brayton , Brayton Purcell LLP, Kimberly Joy Wai Jun Chu , Brayton Purcell LLP & Richard Martin Grant , Brayton Purcell LLP.

Colleen Hansen, as Wrongful Death Heir of Patrick Mahoney, Deceased, Plaintiff, represented by David R. Donadio , Brayton Purcell LLP, Alan R. Brayton , Brayton Purcell LLP, Kimberly Joy Wai Jun Chu , Brayton Purcell LLP & Richard Martin Grant , Brayton Purcell LLP.

Christine Barros, as Wrongful Death Heir of Patrick Mahoney, Deceased, Plaintiff, represented by David R. Donadio , Brayton Purcell LLP, Alan R. Brayton , Brayton Purcell LLP, Kimberly Joy Wai Jun Chu , Brayton Purcell LLP & Richard Martin Grant , Brayton Purcell LLP.

National Steel and Shipbuilding Company, Defendant, represented by Christina M Glezakos , Brydon Hugo & Parker, Gregory Scott Rosse , Hugo Parker, LLP, Thomas J Moses , Edward R. Hugo , Brydon Hugo & Parker, Michelle M. Clowser , Selman-Breitman LLP & Paul M. Bessette , Brydon Hugo Parker.

Eaton Corporation, Defendant, represented by Jane B Yee , Howard Rome Martin Ridley & Shawn Michael Ridley , Howard Rome et al LLP.

General Electric Company, Defendant, represented by Derek S. Johnson , WFBM, LLP dba Walsworth, Dylan Daniel Rudolph , WFBM, LLP dba Walsworth & Katherine Paige Gardiner , WFBM, LLP dba Walsworth.

Huntington Ingalls Incorporated, formerly known as Northrop Grumman Shipbuilding, Inc., Defendant, represented by Daniel James Kelly , Tucker Ellis LLP & Peggy S. Doyle , Tucker Ellis LLP.

Ingersoll-Rand Company, Defendant, represented by Arpi Galfayan , Prindle, Amaro, Goetz, Hillyard, Barnes and Reinholtz LLP & Carla Lynn Crochet , Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholz LLP.

Owens Illinois Inc., Defendant, represented by Meghan R McMeel , Schiff Hardin LLP, Renee Christine Kelley , Schiff Hardin LLP, Mishan Raini Wroe , Schiff Hardin LLP & Yakov Paul Wiegmann , Schiff Hardin LLP.

Parker Hannifin Corp., Defendant, represented by Joseph Blaise Adams , Bassi Martini Edlin & Blum, LLP.

Triple A Machine Shop Inc., Defendant, represented by Arpi Galfayan , Prindle, Amaro, Goetz, Hillyard, Barnes and Reinholtz LLP.

CBS Corporation, formerly known as Viacom Inc. formerly known as Westinghouse Electric Corporation, Defendant, represented by Charles Todd Sheldon , WFBM, LLP dba Walsworth, Derek S. Johnson , WFBM, LLP dba Walsworth & Rochelle Reyes Ileto , Foley Mansfield, PLLP.

Foster Wheeler LLC, formerly known as Foster Wheeler Corporation, Defendant, represented by Charles S. Park , Hugo Parker, LLP.


NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE

TO ALL PARTIES AND COUNSEL OF RECORD:

The above matter was referred to Magistrate Judge Jacqueline Scott Corley for settlement purposes.

You are hereby notified that a Settlement Conference is scheduled for June 24, 2015, at 9:30 a.m., in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102.

1. Counsel shall ensure that whatever discovery is needed for all sides to evaluate the case for settlement purposes is completed by the date of the Settlement Conference. Counsel shall cooperate in providing discovery informally and expeditiously.

2. Lead trial counsel shall appear at the Settlement Conference with the parties. An attorney will not be permitted to serve as lead trial counsel at the pretrial conference or at trial unless the attorney participated in the June 24, 2015 settlement conference in person. Any party who is not a natural person shall be represented by the person(s) with unlimited authority to negotiate a settlement. An insured party shall appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. A person who needs to call another person not present before agreeing to any settlement does not have full authority.

3. Personal attendance of a party representative will rarely be excused by the Court. To seek to excuse a party from personally attending a settlement conference, counsel for that party shall meet and confer with counsel for all other parties to determine if there are any objections to the moving party's absence. Counsel must then lodge a letter with the Court, with copies to all parties, seeking to excuse the party's participation. The letter shall recite the reasons for seeking the party's absence, as well as whether the other parties agree or object to the request and the reasons for any objection. The application to excuse a party must be lodged no later than the lodging of the Settlement Conference Statement.

4. Each party shall prepare a Settlement Conference Statement, which must be LODGED with the undersigned's Chambers (NOT electronically filed) no later than seven (7) calendar days prior to the conference. Please 3-hole punch the document at the left side.

Each party shall also submit their Settlement Conference Statement in pdf format and email their statement to JSCPO@cand.uscourts.gov.

5. The Settlement Conference Statement shall be served on opposing counsel. Any party may submit an additional confidential statement to the Court. The contents of this confidential statement will not be disclosed to the other parties and shall include:

a. A brief statement of the facts of the case.

b. Any discrete issue that, if resolved, would facilitate the resolution of the case.

c. The party's position on settlement, including present demands and offers and a history of past settlement discussions.

7. The parties shall notify Chambers immediately at (415) 522-2172 if this case settles as to any defendant prior to the date set for the Settlement Conference.

IT IS SO ORDERED.


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