Dutton v. Todd Shipyards Corporation et al

Filing 25

MDL ORDER 875 REMANDING CASE Signed on 3/28/2013 (Attachments: # 1 dkt sheet)(hdjS, COURT STAFF) (Filed on 4/5/2013)

United States District Court Eastern District of Pennsylvania

CM/ECF
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ASBESTOS,CA-N,MDL-875

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:09-cv-62916-ER
Internal Use Only
DUTTON v. TODD SHIPYARDS
CORPORATION et al
Assigned to: HONORABLE EDUARDO C.
ROBRENO
Case in other court: CA-N, 05-03107
Cause: 28:1332 Diversity-Asbestos Litigation
Plaintiff
RONALD DUTTON
TERMINATED: 04/13/2010

Date Filed: 02/17/2009
Jury Demand: Both
Nature of Suit: 368 P.I. :
Asbestos
Jurisdiction: Diversity

represented by ALAN R. BRAYTON
BRAYTON, PURCELL LLP
222 RUSH LANDING RD
PO BOX 6169
NOVATO, CA 94945
415-898-1555
Email:
[e-mail]
TERMINATED: 04/13/2010
LEAD ATTORNEY
DAVID R. DONADIO
BRAYTON PURCELL LLP
222 RUSH LANDING RD
POBOX 6169
NOVATO, CA 94948

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Page 2 of 20

Email:
[e-mail]
TERMINATED: 04/13/2010
LEAD ATTORNEY
FRANK J. ANDERS
BRAYTON PURCELL LLP
222 RUSH LANDING ROAD
NOVATO, CA 94948
415-898-1555
Fax: [phone]
Email:
[e-mail]
TERMINATED: 04/13/2010
KIMBERLY J.W.J. CHU
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email: [e-mail]
ATTORNEY TO BE NOTICED
Plaintiff
TERRI DUTTON
represented by
AS WRONGFUL DEATH HEIR
AND AS SUCCESSOR-ININTEREST TO RONALD
DUTTON, DECEASED

DAVID R. DONADIO
(See above for address)
ATTORNEY TO BE NOTICED
KIMBERLY J.W.J. CHU
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
RENE DUTTON
represented by DAVID R. DONADIO
AS LEGAL HEIR TO RONALD
(See above for address)
DUTTON, DECEASED
ATTORNEY TO BE NOTICED
KIMBERLY J.W.J. CHU
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
AMANDA DUTTON

represented by DAVID R. DONADIO

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AS LEGAL HEIR OF RONALD
DUTTON, DECEASED

Page 3 of 20

(See above for address)
ATTORNEY TO BE NOTICED
KIMBERLY J.W.J. CHU
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
TODD SHIPYARDS
CORPORATION
TERMINATED: 04/04/2011

represented by KEITH E. PATTERSON
YARON & ASSOC
601 CALIFORNIA ST 21ST FL
SAN FRANCISCO, CA 94108
415-658-2929
Email:
[e-mail]
TERMINATED: 04/04/2011
LEAD ATTORNEY
BLAKE J RUSSUM
YARON AND ASSOCIATES
601 CALIFORNIA STREET
21ST FLOOR
SAN FRANCISCO, CA 94108
415-658-2929
Email:
[e-mail]
TERMINATED: 04/04/2011
GEORGE D. YARON
YARON & ASSOCIATES
601 CALIFORNIA ST 21ST FL
SAN FRANCISCO, CA 94108
415-658-2929
Email: [e-mail]
TERMINATED: 04/04/2011

Defendant
GENERAL DYNAMICS

represented by DANIEL DENNIS O'SHEA

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CORPORATION
TERMINATED: 07/23/2012

Defendant
LOCKHEED SHIPBUILDING
COMPANY
TERMINATED: 09/16/2009

Page 4 of 20

PERKINS COIE LLP
FOUR EMBARCADERO
CENTER
SUITE 2400
SAN FRANCISCO, CA 94111
415-344-7002
Email:
[e-mail]
TERMINATED: 07/23/2012
represented by BRIAN THOMAS CLARK
GLAZIER YEE LLLP
235 MONTGOMERY ST STE
960
SAN FRANCISCO, CA 94104
415-356-1100
Email: [e-mail]
TERMINATED: 09/16/2009
LEAD ATTORNEY
LAURA PATRICIA YEE
GLAZIER YEE LLLP
235 MONTGOMERY ST STE
960
SAN FRANCISCO, CA 94104
415-356-1100
Email: [e-mail]
TERMINATED: 09/16/2009
LEAD ATTORNEY

Defendant
VIAD CORP.
TERMINATED: 01/26/2010

represented by WHITNEY A. DAVIS
THE DAVIS LAW FIRM
3620 FAIR OAKS BLVD STE
200
SACRAMENTO, CA 95864
916-333-5363
Email:
[e-mail]
TERMINATED: 01/26/2010
LEAD ATTORNEY

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Defendant
GENERAL ELECTRIC
COMPANY

Date Filed

#

Page 5 of 20

represented by DEREK S. JOHNSON
WALSWORTH RANKLIN
BEVINS & MCCALL LLP
601 MONTGOMERY ST 9TH
FL
SAN FRANCISCO, CA 94111
415-781-7900
Email: [e-mail]
ATTORNEY TO BE NOTICED
Docket Text

02/17/2009

view1 TRANSFER ORDER NO. 338 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. (cfz, ) Modified on
3/6/2009 (cfz, ). (Entered: 03/06/2009)

02/17/2009

view2 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. (cfz, ) (Entered:
03/06/2009)

02/17/2009

view3 NOTICE TO COUNSEL (cfz, ) (Entered:
03/06/2009)

05/29/2009

view4 NOTICE by RONALD DUTTON of SETTLEMENT
AND PRETRIAL CONFERENCE, Chief
Magistrate Judge Thomas J. Reuter, June 23,
2009, 10:00 a.m., Courtroom 3-C, Third Floor,
United States Courthouse, 601 Market Street,
Philadelphia, PA 19106. (DONADIO, DAVID)
(Entered: 05/29/2009)

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06/25/2009

view5 CERTIFICATE OF SERVICE by RONALD
DUTTON (service of copy of Admin Order No. 12
report upon Defendants Lockheed Shipbuilding
Co. and Todd Shipyards Corporation, and email
showing service on 10/31/2007) (DONADIO,
DAVID) (Entered: 06/25/2009)

06/25/2009

view6 Minute Sheet for proceedings held before
MAGISTRATE JUDGE THOMAS J. RUETER:
Settlement Conference held on 6/23/09. (See
Paper # 6386 in 01-md-875). (tjd) (Entered:
06/25/2009)

06/25/2009

view7 SCHEDULING ORDER RE: DUTTON,
SANCHEZ, THOMAS, WINNETT, SAUTTER,
AND FRATTO THAT ANY DISPOSITIVE
MOTIONS MUST BE FILED BY JANUARY 29,
2010; RESPONSES TO DISPOSITIVE MOTIONS
MUST BE FILED BY FEBRUARY 22, 2010;
REPLIES TO RESPONSES TO DISPOSITIVE
MOTIONS MUST BE FILED BY MARCH 5, 2010;
A SECOND SETTLEMENT CONFERENCE IS
SET FOR NOVEMBER 4, 2009 AT 10:00 AM IN
COURTROOM 3-C. SIGNED BY MAGISTRATE
JUDGE THOMAS J. RUETER ON 6/25/09;
6/26/09 ENTERED AND COPIES MAILED AND
E-MAILED. (SEE PAPER # 6387 IN 01-MD-875).
(tjd) (Entered: 06/26/2009)

07/02/2009

view8 NOTICE by RONALD DUTTON re 7 Order,, (and
Certificate of Service) (DONADIO, DAVID)
(Entered: 07/02/2009)

07/08/2009

view9 STIPULATION AND ORDER THE REQUEST
FOR ENTRY OF DEFAULT OF GENERAL
DYNAMICS CORPORATION FILED ON
10/20/2005 AND THE CLERK'S NOTICE OF
ENTRY OF DEFAULT AS TO GENERAL
DYNAMICS CORPORATION ENTERED ON
10/20/2005 ARE SET ASIDE. GENERAL
DYNAMICS CORPORATION'S RESPONSIVE
PLEADING IS TO BE FILED AND SERVED
WITHIN 10 DAYS OF THIS ORDER.. SIGNED
BY HONORABLE EDUARDO C. ROBRENO ON

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7/8/2009. 7/8/2009 ENTERED AND COPIES
MAILED AND E-MAILED.(tomg, ) (Entered:
07/08/2009)
07/08/2009

view10 AMENDED SCHEDULING ORDER THAT ITEM 3
IN THE JUNE 25, 2009 SCHEDULING ORDER
IS AMMENDED TO READ AS FOLLOWS: ANY
REMAINING DISCOVERY, EXCLUDING
EXPERT DEPOSITIONS MUST BE
COMPLETED BY JANUARY 15, 2010; ALL
EXPERT DISCOVERY MUST BE COMPLETED
BY JANUARY 15, 2010; ALL OTHER DATES IN
THE JUNE 25, 2009 SCHEDULING ORDER
SHALL REMAIN IN EFFECT. SIGNED BY
MAGISTRATE JUDGE THOMAS J. RUETER ON
7/7/09; 7/8/09 ENTERED AND COPIES MAILED
AND E-MAILED. (SEE PAPER # 6402 IN 01-MD875). (tjd) (Entered: 07/08/2009)

07/09/2009

view11 GENERAL DYNAMICS CORPORATION'S
ANSWER to Complaint FOR ASBESTOS
PERSONAL INJURY/ PRODUCTS LIABILITY by
GENERAL DYNAMICS CORPORATION,
Affirmative Defenses, Jury Demand, Certificate of
Counsel.(O'SHEA, DANIEL) Modified on
7/10/2009 (ac, ). (Entered: 07/09/2009)

09/04/2009

view12 NOTICE of Voluntary Dismissal by RONALD
DUTTON As To Lockheed Shipbuilding Company,
only, without prejudice(DONADIO, DAVID)
Modified on 9/8/2009 (ac, ).(FORWARDED TO
JUDGE FOR APPROVAL) (Entered: 09/04/2009)

09/16/2009

view13 ORDER THAT LOCKHEED SHIPBUILDING
COMPANY ONLY, IS DISMISSED WITHOUT
PREJUDICE.. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 9/8/09. 9/16/09
ENTERED AND COPIES MAILED, E-MAILED.
(rf, ) (Entered: 09/16/2009)

10/06/2009

view14 ORDER THAT PLAINTIFF DISMISS
DEFENDANT LOCKHEED SHIPBUILDING
COMPANY, ONLY, FROM THIS ACTION,
WITHOUT PREJUDICE. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON

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9/28/2009. 10/6/2009 ENTERED AND COPIES
MAILED, E-MAILED.(mbh, ) (Entered:
10/06/2009)
10/09/2009

view15 MOTION to Compel FURTHER RESPONSES TO
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS filed by TODD
SHIPYARDS CORPORATION.Memorandum,
Declaration, Certificate of Service. (Attachments:
# 1 MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF DEFENDANT
TODD SHIPYARDS CORPORATION'S MOTION
TO COMPEL FURTHER RESPONSES TO
INTERROGATORIES AND REQUESTS FOR
PRODUCTION OF DOCUMENTS, # 2
DECLARATION OF KEITH E. PATTERSON, # 3
Exhibit EXHIBITS A AND B TO THE
DECLARATION OF KEITH E. PATTERSON, # 4
Exhibit EXHIBITS C AND D TO THE
DECLARATION OF KEITH E. PATTERSON, # 5
Exhibit EXHIBIT E, PART 1 TO THE
DECLARATION OF KEITH E. PATTERSON, # 6
Exhibit EXHIBIT E, PART 2 TO THE
DECLARATION OF KEITH E. PATTERSON, # 7
Exhibit EXHIBITS F AND G, PART 1 TO THE
DECLARATION OF KEITH E. PATTERSON, # 8
Exhibit EXHIBITS G, PART 2 TO I TO THE
DECLARATION OF KEITH E. PATTERSON, # 9
SEPARATE STATEMENT OF REQUESTS FOR
PRODUCTION & RESPONSES IN DISPUTE IN
SUPPORT OF MOTION, # 10 SEPARATE
STATEMENT OF INTERROGATORIES &
ANSWERS IN DISPUTE IN SUPPORT OF
MOTION, # 11 PROOF OF SERVICE)(RUSSUM,
BLAKE) (Entered: 10/09/2009)

10/12/2009

view16 Declaration re 15 MOTION to Compel FURTHER
RESPONSES TO INTERROGATORIES AND
REQUEST FOR PRODUCTION OF
DOCUMENTS SUPPLEMENTAL DECLARATION
OF KEITH E. PATTERSON IN SUPPORT OF
DEFENDANT TODD SHIPYARDS
CORPORATION'S NOTICE OF MOTION AND

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MOTION TO COMPEL FURTHER RESPONSES
TO INTERROGATORIES AND REQUESTS FOR
PRODUCTION OF DOCUMENTS by TODD
SHIPYARDS CORPORATION. (PATTERSON,
KEITH) (Entered: 10/12/2009)
10/24/2009

view17 RESPONSE in Opposition re 15 MOTION to
Compel FURTHER RESPONSES TO
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS filed by
RONALD DUTTON. (ANDERS, FRANK)
(Entered: 10/24/2009)

10/24/2009

view18 AFFIDAVIT in Opposition re 15 MOTION to
Compel FURTHER RESPONSES TO
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS of Frank J.
Anders filed by RONALD DUTTON. (Attachments:
# 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, #
5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9
Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, #
13 Exhibit)(ANDERS, FRANK) (Entered:
10/24/2009)

11/03/2009

view19 ORDER THAT ALL FACT DISCOVERY MUST
BE COMPLETED BY 1/4/2010. SIGNED BY
MAGISTRATE JUDGE THOMAS J. RUETER ON
11/3/2009. 11/4/2009 ENTERED AND COPIES
MAILED, E-MAILED.(mbh, ) (Entered:
11/04/2009)

11/03/2009

view20 ORDER THAT THE REQUEST OF
DEFENDANTS TODD SHIPYARDS CORP AND
GENERAL DYNAMICS COPR FOR AN
EXTENSION OF THE DISCOVERY DEADLINE
IS GRANTED. IT IS FURTHER ORDERED THAT
PLAINTIFF MAY BE DEPOSED BY THE
DEFENDANTS FOR AN ADDITIONAL 10
HOURS, EXCLUDING BREAKS. SIGNED BY
MAGISTRATE JUDGE THOMAS J. RUETER ON
11/2/2009. 11/4/2009 ENTERED AND COPIES
MAILED, E-MAILED.(mbh, ) (Entered:
11/04/2009)

11/04/2009

view21 STATUS REPORT by TODD SHIPYARDS

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CORPORATION. (PATTERSON, KEITH)
(Entered: 11/04/2009)
11/12/2009

view22 ORDER THAT A STATUS AND SCHEDULING
CONFERENCE WILL BE HELD IN THE
CAPTIONED CASES ON 12/9/09 AT 10:00 A.M.
IN COURTROOM 11A, UNITED STATES
COURTHOUSE, 601 MARKET STREET,
PHILADELPHIA, PA 19106. IT IS FURTHER
ORDERED THAT FAILURE TO APPEAR AT THE
CONFERENCE SHALL RESULT IN THE
DISMISSAL OF THE CASE WITHOUT
PREJUDICE, ETC. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 11/3/09. 11/12/09
ENTERED AND COPIES MAILED, E-MAILED.
(lisad, ) (Entered: 11/12/2009)

11/17/2009

view23 MEMORANDUM AND/OR OPINION. SIGNED BY
MAGISTRATE JUDGE THOMAS J. RUETER ON
11/17/2009. 11/18/2009 ENTERED AND COPIES
MAILED, E-MAILED.(mbh, ) (Entered:
11/18/2009)

01/12/2010

view24 STIPULATION of Dismissal by VIAD CORP..
(DAVIS, WHITNEY) (Entered: 01/12/2010)

01/26/2010

view25 ORDER THAT PLAINTIFFS HEREBY DISMISS
DEFENDANT VIAD CORP., ONLY, FROM THIS
ACTION WITHOUT PREJUDICE. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
1/21/2010. 1/27/2010 ENTERED AND COPIES
MAILED, E-MAILED.(mbh, ) (Entered:
01/27/2010)

01/26/2010

LOCK

(Court only) *** Party VIAD CORP. terminated.,
*** Attorney WHITNEY A. DAVIS terminated.
(mbh, ) (Entered: 01/27/2010)

02/01/2010

view26 Minute Sheet for proceedings held before
MAGISTRATE JUDGE THOMAS J. RUETER:
Conference Call held on 2/1/10. (tjd) (Entered:
02/01/2010)

04/02/2010

view27 MOTION for Summary Judgment or, in the
Alternative, Partial Summary Judgment filed by
TODD SHIPYARDS

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CORPORATION.Memorandum, Declaration,
Certificate of Service. (Attachments: # 1
MEMORANDUM OF POINTS AND
AUTHORITIES, # 2 SEPARATE STATEMENT
OF UNDISPUTED MATERIAL FACTS, # 3
DECLARATION OF ROGER B. HORNE, # 4
DECLARATION OF STUART SALOT, # 5
DECLARATION OF THOMAS MILBY, # 6
REQUEST FOR JUDCIAL NOTICE, # 7 PROOF
OF SERVICE)(YARON, GEORGE) (Entered:
04/02/2010)
04/02/2010

view28 CERTIFICATE OF SERVICE by TODD
SHIPYARDS CORPORATION of Declaration of
Blake J. Russum and Index of Authorities in
Support of Defendant Todd Shipyards
Corporation's Motion for Summary Judgment, or,
in the Alternative, Partial Summary Judgment
(YARON, GEORGE) (Entered: 04/02/2010)

04/02/2010

view29 MOTION for Summary Judgment Notice filed by
GENERAL DYNAMICS CORPORATION..
(O'SHEA, DANIEL) (Entered: 04/02/2010)

04/02/2010

view30 Memorandum in Support of MOTION for
Summary Judgment filed by GENERAL
DYNAMICS CORPORATION. (O'SHEA, DANIEL)
Modified on 4/7/2010 (nd). (Entered: 04/02/2010)

04/02/2010

view31 Declaration RE: MOTION for Summary Judgment
filed by GENERAL DYNAMICS
CORPORATION.Declaration. (Attachments: # 1
Exhibit Exhibits A-C to Decl Supporting
MSJ/MSA, # 2 Exhibit Exhibits D to Decl
Supporting MSJ/MSA, # 3 Exhibit Exhibit E-F to
Decl Supporting MSJ/MSA)(O'SHEA, DANIEL)
Modified on 4/7/2010 (nd, ). (Entered: 04/02/2010)

04/02/2010

view32 Proposed Pretrial Order on Motion for Summary
Judgment/Adjudication by GENERAL DYNAMICS
CORPORATION. (O'SHEA, DANIEL) (Entered:
04/02/2010)

04/02/2010

view33 Certificate of Service RE: MOTION for Summary
Judgment filed by GENERAL DYNAMICS

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CORPORATION, Certificate of Service.(O'SHEA,
DANIEL) Modified on 4/7/2010 (nd). (Entered:
04/02/2010)
04/06/2010

view34 MOTION to Substitute Party AND TO AMEND
COMPLAINT filed by RONALD
DUTTON.DECLARATION OF TERRI DUTTON.
(DONADIO, DAVID) (Entered: 04/06/2010)

04/13/2010

view35 ORDER THAT TERRI DUTTON, SUCCESSORIN-INTEREST TO PLAINTIFF RONALD
DUTTON, DECEASED, BE SUBSTITUTED FOR
DECEDENT IN THIS CAUSE OF ACTION AS TO
THE SURVIVING PERSONAL INJURY CLAIMS
OF DECEDENT'S ESTATE. MOVANT IS
GRANTED LEAVE TO FILE AN AMENDED
COMPLAINT. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 4/9/2010.
4/13/2010 ENTERED AND COPIES MAILED, EMAILED.(mbh, ) (Entered: 04/13/2010)

04/13/2010

view36 Amended Complaint against GENERAL
DYNAMICS CORPORATION and TODD
SHIPYARDS CORPORATION filed by TERRI
DUTTON, RENE DUTTON and AMANDA
DUTTON.(mbh, ) (mbh, ). (Entered: 04/13/2010)

04/20/2010

view37 Minute Entry for proceedings held before
MAGISTRATE JUDGE THOMAS J. RUETER:
Telephone Settlement Conference held on
4/20/2010. (kk, ) (Entered: 04/20/2010)

04/20/2010

view38 ANSWER to 36 Amended Complaint by TODD
SHIPYARDS CORPORATION. (Attachments: # 1
DEMAND FOR JURY TRIAL)(RUSSUM, BLAKE)
(Entered: 04/20/2010)

04/21/2010

view39 ORDER THAT PLAINTIFFS' REQUEST FOR AN
AMENDED SCHEDULING ORDER IS DENIED.
SIGNED BY MAGISTRATE JUDGE THOMAS J.
RUETER ON 4/20/2010. 4/22/2010 ENTERED
AND COPIES MAILED, E-MAILED.(mbh, )
(Entered: 04/22/2010)

04/23/2010

view40 STIPULATION re 29 MOTION for Summary
Judgment Notice AND [PROPOSED] ORDER

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EXTENDING BRIEFING SCHEDULE FOR
GENERAL DYNAMICS CORPORATION'S
MOTION FOR SUMMARY JUDGMENT by
AMANDA DUTTON, RENE DUTTON, RONALD
DUTTON, TERRI DUTTON. (DONADIO, DAVID)
(Entered: 04/23/2010)
04/30/2010

view41 RESPONSE in Opposition re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment filed by AMANDA DUTTON,
RENE DUTTON, RONALD DUTTON, TERRI
DUTTON. (DONADIO, DAVID) (Entered:
04/30/2010)

04/30/2010

view42 RESPONSE in Opposition re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment Separate Statement of
Disputed Facts in Opposition filed by AMANDA
DUTTON, RENE DUTTON, RONALD DUTTON,
TERRI DUTTON. (DONADIO, DAVID) (Entered:
04/30/2010)

04/30/2010

view43 RESPONSE in Opposition re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment Plaintiff's Response to Todd
Shipyard Corporation's Separate Statement of
Undisputed Facts filed by AMANDA DUTTON,
RENE DUTTON, RONALD DUTTON, TERRI
DUTTON. (DONADIO, DAVID) (Entered:
04/30/2010)

04/30/2010

view44 AFFIDAVIT in Opposition re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment [Proposed] Order filed by
AMANDA DUTTON, RENE DUTTON, RONALD
DUTTON, TERRI DUTTON. (DONADIO, DAVID)
(Entered: 04/30/2010)

04/30/2010

view45 RESPONSE in Opposition re 33 Certificate of
Service RE: MOTION for Summary Judgment, 31
Declaration RE: MOTION for Summary Judgment,
30 Memorandum of law in Support MOTION for
Summary Judgment, 29 MOTION for Summary
Judgment Notice Plaintiff's Separate Statement in
Opposition to General Dynamic Corporation's

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Motion for Summary Judgement filed by AMANDA
DUTTON, RENE DUTTON, RONALD DUTTON,
TERRI DUTTON. (DONADIO, DAVID) (Entered:
04/30/2010)
04/30/2010

view46 RESPONSE in Opposition re 33 Certificate of
Service RE: MOTION for Summary Judgment, 31
Declaration RE: MOTION for Summary Judgment,
30 Memorandum of law in Support MOTION for
Summary Judgment, 29 MOTION for Summary
Judgment Notice Plaintiff's Response to General
Dynamic Corporation's Separate Statement of
Undisputed Facts filed by AMANDA DUTTON,
RENE DUTTON, RONALD DUTTON, TERRI
DUTTON. (DONADIO, DAVID) (Entered:
04/30/2010)

04/30/2010

view47 RESPONSE in Opposition re 33 Certificate of
Service RE: MOTION for Summary Judgment, 31
Declaration RE: MOTION for Summary Judgment,
30 Memorandum of law in Support MOTION for
Summary Judgment, 29 MOTION for Summary
Judgment Notice [Proposed] Order Denying
General Dynamic Corporation's Motion for
Summary Judgement filed by AMANDA DUTTON,
RENE DUTTON, RONALD DUTTON, TERRI
DUTTON. (DONADIO, DAVID) (Entered:
04/30/2010)

05/01/2010

view48 RESPONSE in Opposition re 33 Certificate of
Service RE: MOTION for Summary Judgment, 31
Declaration RE: MOTION for Summary Judgment,
30 Memorandum of law in Support MOTION for
Summary Judgment, 29 MOTION for Summary
Judgment Notice Plaintiff's Memorandum of
Points and Authorities in Opposition to General
Dynamics Corporation's Motion for Summary
Judgment filed by AMANDA DUTTON, RENE
DUTTON, RONALD DUTTON, TERRI DUTTON.
(DONADIO, DAVID) (Entered: 05/01/2010)

05/03/2010

view49 AFFIDAVIT in Opposition re 33 Certificate of
Service RE: MOTION for Summary Judgment, 31
Declaration RE: MOTION for Summary Judgment,

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Page 15 of 20

30 Memorandum of law in Support MOTION for
Summary Judgment Declaration of Noah J.
Woods in Support of Plaintiff's Opposition to
General Dynamics Corporation's Motion for
Summary Judgment filed by AMANDA DUTTON,
RENE DUTTON, RONALD DUTTON, TERRI
DUTTON. (DONADIO, DAVID) (Entered:
05/03/2010)
05/03/2010

view50 AFFIDAVIT in Opposition re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment Declaration and Exhibits A-D
of Noah J. Woods in Support of Plaintiff's
Opposition to Todd Shipyards Corporation's
Motion for Summary Judgment filed by AMANDA
DUTTON, RENE DUTTON, RONALD DUTTON,
TERRI DUTTON. (DONADIO, DAVID) (Entered:
05/03/2010)

05/03/2010

view51 AFFIDAVIT in Opposition re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment Exhibits E-I to the
Declaration of Noah J. Woods in Support of
Plaintiff's Opposition to Todd Shipyards
Corporation's Motion for Summary Judgment filed
by AMANDA DUTTON, RENE DUTTON,
RONALD DUTTON, TERRI DUTTON.
(DONADIO, DAVID) (Entered: 05/03/2010)

05/07/2010

view52 REPLY to Response to Motion re 31 Declaration
RE: MOTION for Summary Judgment, 30
Memorandum of law in Support MOTION for
Summary Judgment, 29 MOTION for Summary
Judgment Notice filed by GENERAL DYNAMICS
CORPORATION. (O'SHEA, DANIEL) Modified on
5/7/2010 (mbh, ).(FILED IN ERROR ATTORNEY WILL REFILE) (Entered: 05/07/2010)

05/07/2010

view53 REPLY to Response to Motion re 31 Declaration
RE: MOTION for Summary Judgment, 30
Memorandum of law in Support MOTION for
Summary Judgment, 29 MOTION for Summary
Judgment Notice filed by GENERAL DYNAMICS
CORPORATION. (O'SHEA, DANIEL) (Entered:

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Page 16 of 20

05/07/2010)
05/14/2010

view54 REPLY to Response to Motion re 27 MOTION for
Summary Judgment or, in the Alternative, Partial
Summary Judgment filed by TODD SHIPYARDS
CORPORATION. (Attachments: # 1 Declaration
of Blake J. Russum, # 2 Objections to the
Declaration of Richard Cohen, # 3 Objections to
the Declaration of Kenneth Cohen, # 4 Objection
to the Declaration of Charles Ay, # 5 Proof of
Service)(PATTERSON, KEITH) (Entered:
05/14/2010)

02/16/2011

view55 Request for Oral Argument by TODD
SHIPYARDS CORPORATION. (YARON,
GEORGE) (Entered: 02/16/2011)

03/17/2011

view56 NOTICE of Voluntary Dismissal by All Plaintiffs As
To defendant TODD SHIPYARDS
CORPORATION, only, Without Prejudice
(DONADIO, DAVID) (COPY FORWARDED TO
JUDGE FOR APPROVAL) Modified on 3/21/2011
(md). (Entered: 03/17/2011)

04/04/2011

view57 ORDER THAT DEFENDANT TODD SHIPYARDS
CORPORATION IS DISMISSED FROM THIS
ACTION WITHOUT PREJUDICE. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
4/1/11. 4/5/11 ENTERED AND COPIES MAILED,
E-MAILED.(mbh, ) (Entered: 04/05/2011)

04/04/2011

LOCK

view (Court only) ***Motions terminated: 27 MOTION
for Summary Judgment or, in the Alternative,
Partial Summary Judgment filed by TODD
SHIPYARDS CORPORATION. (mbh, ) (Entered:
04/08/2011)

05/04/2011

view58 Request for Oral Argument by GENERAL
DYNAMICS CORPORATION. (O'SHEA, DANIEL)
(Entered: 05/04/2011)

06/28/2011

view ***Copy of Order dated 11/12/2009 and envelope
returned from the U.S. Postal Service addressed
to PATRICIA YEE for the following reason:
FORWARDING ORDER EXPIRED. (kah, )
(Entered: 06/28/2011)

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Page 17 of 20

09/07/2011

view59 ORDER THAT THE TELEPHONE
CONFERENCE REGARDING THE CASES
IDENTIFIED IN THE LIST ATTACHED AS
EXHIBIT A, PLAINTIFF'S COUNSEL WILL
INITIATE THE CALL TO THE COURT AT 4PM
ON 9/29/11.. SIGNED BY MAGISTRATE JUDGE
DAVID R. STRAWBRIDGE ON 9/7/11. 9/8/11
ENTERED AND COPIES MAILED, E-MAILED.
(dp, ) **(FILED IN ERROR; SEE 11-62692 FOR
CORRECT LIST OF CASES)** Modified on
9/9/2011 (lisad, ). (Entered: 09/08/2011)

11/08/2011

view60 Second MOTION to Amend/Correct 36 Amended
Complaint TO ADD DEFENDANT, filed by
AMANDA DUTTON, RENE DUTTON, RONALD
DUTTON, TERRI DUTTON. (SECOND
AMENDED COMPLAINT ATTACHED)
(DONADIO, DAVID) Modified on 11/9/2011 (md).
(Entered: 11/08/2011)

03/13/2012

view61 ORDER THAT THE MOTIONS LISTED IN
EXHIBIT "A", ATTACHED, ARE GRANTED AS
UNOPPOSED. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 3/12/12. 3/14/12
ENTERED AND COPIES MAILED, E-MAILED.
(mbh, ) (Entered: 03/14/2012)

03/13/2012

view65 Second Amended Complaint with Jury Demand
against GENERAL DYNAMICS CORPORATION
and GENERAL ELECTRIC COMPANY filed by
TERRI DUTTON, RENE DUTTON and AMANDA
DUTTON.(mbh, ) (Entered: 06/15/2012)

04/02/2012

view62 ORDER THAT THE HEARING ON ALL
PENDING OPPOSED DISPOSITIVE MOTIONS,
INCLUDING MOTIONS FOR SUMMARY
JUDGMENT, IN THESE CASES WILL BE HELD
ON 7/10/2012 AT 10:00 A.M., IN COURTROOM
15A, JAMES A. BYRNE UNITED STATES
COURTHOUSE, 601 MARKET STREET,
PHILADELPHIA, PENNSYLVANIA 19106; ETC..
SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 4/2/2012. 4/3/2012 ENTERED
AND COPIES MAILED AND E-MAILED. (ems)

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Page 18 of 20

(Entered: 04/03/2012)
05/17/2012

view63 NOTICE of Voluntary Dismissal by All Plaintiffs As
To PUNITIVE DAMAGES CLAIM ONLY, AS TO
GENERAL DYNAMICS CORPORATION, ONLY,
WITHOUT PREJUDICE.(DONADIO, DAVID)
(Entered: 05/17/2012)

05/21/2012

view64 STIPULATION AND ORDER THAT THIS COURT
DISMISSES PUNITIVE DAMAGES ONLY FROM
DEFENDANT GENERAL DYNAMICS
CORPORATION, WITHOUT PREJUDICE.
SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 5/18/12. 5/22/12 ENTERED AND
COPIES MAILED, E-MAILED.(mbh, ) (Entered:
05/22/2012)

06/15/2012

view Summons Issued as to GENERAL ELECTRIC
COMPANY. Forwarded To: DAVID R. DONADIO
on 6/15/12 (as of 3/13/12) (mbh, ) (Entered:
06/15/2012)

06/29/2012

view66 ORDER THAT A FINAL PRE-REMAND
HEARING, INCLUDING ORAL ARGUMENT ON
ALL OPPOSED SUMMARY JUDGMENT
MOTIONS, WILL BE HELD ON 7/13/12 AT 10:00
AM IN COURTROOM 15A. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
6/29/12. 6/29/12 ENTERED AND COPIES EMAILED.(mbh, ) (Entered: 06/29/2012)

07/11/2012

view67 NOTICE of Voluntary Dismissal by All Plaintiffs As
To GENERAL DYNAMICS CORPORATION,
ONLY, WITHOUT PREJUDICE. EACH PARTY
TO BEAR ITS OWN FEES AND COSTS.
(DONADIO, DAVID) (Entered: 07/11/2012)

07/11/2012

view68 STATUS REPORT RE FINAL PRE-REMAND
CONFERENCE ON JULY 13, 2012 by AMANDA
DUTTON, RENE DUTTON, RONALD DUTTON,
TERRI DUTTON. (CHU, KIMBERLY) (Entered:
07/11/2012)

07/18/2012

view69 Defendant General Electric Company's ANSWER
to 65 Amended Complaint for Survival, Wrongful
Death - Asbestos by GENERAL ELECTRIC

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Page 19 of 20

COMPANY.(JOHNSON, DEREK) (Entered:
07/18/2012)
07/23/2012

07/23/2012

07/23/2012

LOCK

view (Court only) *** Party GENERAL DYNAMICS
CORPORATION terminated., *** Attorney
DANIEL DENNIS O'SHEA terminated. (mbh, )
(Entered: 07/23/2012)

view70 ORDER THAT DEFENDANT GENERAL
DYNAMICS CORPORATION IS DISMISSED
FROM THIS ACTION WITHOUT PREJUDICE.
SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 7/23/12. 7/24/12 ENTERED AND
COPIES E-MAILED.(mbh, ) (Entered: 07/23/2012)
LOCK

view (Court only) ***Motions terminated: 29 MOTION
for Summary Judgment Notice filed by GENERAL
DYNAMICS CORPORATION. (lisad, ) (Entered:
08/02/2012)

01/28/2013

view71 ORDER THAT A RULE IS ISSUED FOR
PLAINTIFFS TO SHOW CAUSE WHY THE
CASES ON EXHIBIT "A," ATTACHED, SHOULD
NOT BE DISMISSED OR REMANDED TO THE
TRANSFEROR COURT. IT IS FURTHER
ORDERED THAT PLAINTIFFS' COUNSEL
SHALL PROVIDE WRITTEN REPORT TO THE
COURT BY INDICATING WHETHER EACH
CASE FALLS INTO ONE OF FOUR
CATEGORIES LISTED HEREIN.. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
1/25/13. 1/28/13 ENTERED AND COPIES
MAILED, E-MAILED.(dp, ) (Entered: 01/28/2013)

02/04/2013

view72 ORDER THAT A RULE IS ISSUED FOR
PLAINTIFFS TO SHOW CAUSE WHY THE
CASES ON EXHIBIT "A," ATTACHED, SHOULD
NOT BE DISMISSED OR REMANDED TO THE
TRANSFEROR COURT. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON
2/4/13. 2/4/13 ENTERED AND COPIES MAILED,
E-MAILED.(dp, ) (Entered: 02/04/2013)

02/15/2013

view73 STATUS REPORT February 4, 2013 OSC Status
Report by TERRI DUTTON. (CHU, KIMBERLY)

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Page 20 of 20

(Entered: 02/15/2013)
03/18/2013

view74 ORDER THAT THE COURT SUGGESTS THAT
THIS 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. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 3/18/13. 3/19/13
ENTERED AND COPIES MAILED, E-MAILED.
(mbh, ) (Entered: 03/19/2013)

03/27/2013

view75 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 3:05-3107, 102447, 10-3382, 10-4713, 11-1031, 11-3933, 4:092335, 10-5968, 11-1646; NJ-D 2:06-4899; CA-N
3:06-3724, 08-4416; RI-D 1:10-65. (See Paper #
8826 in 01-md-875). (tjd) (Entered: 03/27/2013)

03/27/2013

view Certified copy of Conditional Remand Order along
with a copy of the Docket e-mailed to the Northern
District of California. (tjd) (Entered: 03/27/2013)

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4/3/2013