Koloen et al v. General Electric Company et al

Filing 60

CONDITIONAL REMAND ORDER by the MDL Panel. (Attachments: # 1 Docket Sheet) (gba, COURT STAFF) (Filed on 3/27/2013)

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UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI) MDLNo.875 (SEE A'ITACHED SCHEDULE) 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 ofthe Rules ofProcedure ofthe United States Judicial Panel on Multidistrict Litigation, the transmittal ofthis 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, the stay is lifted. Mar 26,2013 CLERK"S OFFICE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT UTIGATION FOR THE PANEL: ~~Jeffery N. Liithi Clerk of the Panel IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI) MDL No. 875 SCHEDULE FOR CRO TRANSFEREE DJSI DIY. C.A.NO. PAE TRANSFEROR DJSI DIY. C.A.NO. CASE CAPTION CONROY et al v. A.W. CHESTERTON COMPANY FARRIS v. CHEVRON CORPORATION et al CRATER et al v. 3M COMPANY et al Johnh Giraudo v. General Electric Co., et al. DONNELLY v. AW CHESTERTON COMPANY etal JAKUBOWSKI v. ACANDS INC et al SERSTAD v. THE ANCHOR PACKING COMPANY etal 11-67277 CAC 2 11-05457 PAE 2 PAE 2 PAE 2 09-91454 11-66775 09-64057 ILN NYS CAN 1 1 3 09-01450 11-03588 08-o4416 PAE 2 11-67779 sc 2 11-03074 PAE 2 10-67831 WIE 2 99-01006 PAE * 2 2 09-60165 WIW 3 90-00934 * - denotes that the civil action has been severed. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (No. VI) Consolidated Under MDL DOCKET NO. 875 Transferred from the Northern District of California, Case No. 08-04416 FILED GIRAUDO v. MAR II ZOI3 . MICHAELE.~a...D. PA No. 2:09-cv-64057 By VARIOUS DEFENDANTS --DeP.QIIdc SUGGJST:ION or RDW1P AND NOW, this 13th day of ~ch, 2013, it is hereby ORDBRBD that, upon review of the above captioned case under MDL875 Administrative Order No. 18, No. 01-875 (E.D. Pa. April 30, 2009), ECF No. 6197, the Court finds that, as to the abovecaptioned case: a.) Plaintiff has complied with MDL-875 Administrative Orders 12 and 12A (~the MDL 875 website's Administrative Orders page, at http://www.paed.uscourts.gov/mdl87Sd.asp). b.) Parties have completed their obligations under the Rule 16 order issued by the Court (~ ECF No. 9). c.) All discovery has been completed. d.) The Court has adjudicated all outstanding motions, including dispositive motions. Particularly relevant rulings include: i. Certain motions for reconsideration were denied as untimely (ECF No. 47). 1 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 Defendant for trial is Bath Iron Works Corp. h.) Any demand for punitive damages is severed, and claims for punitive or exemplary damages are retained by the MDL875 Court. ~Fed. R. Civ. P. 42(b). Accordingly, the Court SUGGESTS that the above-captioned case should be ~BD 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 III The Court finds that the issue of punitive damages must be resolved at a future date with regard to the entire MDL875 action, and therefore any claims for punitive or exemplary damages are hereby SEVERED from this case and retained by the MDL-875 Court in the Eastern District of Pennsylvania. ~ In re Collins, 233 F.3d 809, 810 (3d Cir. 2000) ("It is responsible public policy to give priority to compensatory claims over exemplary punitive damage windfalls; this prudent conservation more than vindicates the Panel's decision to withhold punitive damage claims on remand."); see also In re Roberts, 178 F.3d 181 (3d Cir. 1999). 2 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 ORDBRBD. /1.,{ '(, 1!·. ~ / v-· , 3 BDOARDO C. llOBRBNO, 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 ease that has been transferred (rom the Eastern District of eennsylvania 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 00 bttp:/!www,paeci.uscourts.gov/mdl875d.as.p). 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. Histoty of MDL 875, In re: Asbeltos Products Liability LltiJation 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 I 00,000 cases and up to ten million claims, including land-based and maritime claims ("MARDOC"). Beginning with Administrative Order No. 12 (K.e http://www,paed.uscoutts.gov/mdl875d.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/mdl875a.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/mdl875d.asp. Also on the website is an Excel spreadsheet of all decisions issued by the Presiding Officer on 4 substantive and procedural matters since 2008 (a http:l/www.paed.uscourts.aov/rrull875n.83ll). 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.USCQurts.aov/mdl875n.asp. Contad 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 875law clerk (Michele_Ventura@paed.uscourts.gov or(267) 299-7422}, or the Clerk's Office ((267} 299-7012) for further assistance. Iaterclreuit Aasipment 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. 5

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