Murray et al v. General Electric Company et al

Filing 37

ORDER TO CONTINUE. The Case Management Conference is continued to April 10, 2009. Signed by Judge Maxine M. Chesney on December 12, 2008. (mmclc2, COURT STAFF) (Filed on 12/12/2008)

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ATTORNEYS AT LAW 222 RUSH LANDING ROAD P O BOX 6169 NOVATO, CALIFORNIA 94948-6169 [phone]

ALAN R. BRAYTON, ESQ., S.B. #73685 DAVID R. DONADIO, ESQ., S.B. #154436 FRANK J. ANDERS, ESQ., S.B. #227208 BRAYTON~PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 [phone] [phone] (Fax No.) Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JOSEPH MURRAY, et al., vs. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) No. C08-04461-MMC JOINT MOTION AND STIPULATION TO STAY PROCEEDING OR, IN THE ALTERNATIVE, TO CONTINUE CASE MANAGEMENT DEADLINE AND CONFERENCE, AND TO EXTEND TIME; [PROPOSED] ORDER TO STAY; [PROPOSED ALTERNATIVE] ORDER TO CONTINUE

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BRAYTON~PURCELL LLP

GENERAL ELECTRIC COMPANY, et al., Defendants.

Pursuant to Civil L. R. 7-11 and 7-12, the following parties hereby stipulate to, and respectfully move the Court for, an Order extending time as set forth in the Case Management Scheduling Order filed September 26, 2008 (Document 3), and the Case Management Conference Order filed November 13, 2008 (Document 29), for the following good cause: The following defendants have each filed Notices to Tag Along Action regarding the pending Multidistrict Litigation ("MDL") in the Eastern District of Pennsylvania, seeking among other things, to move Jurisdiction of this matter to that District: GENERAL ELECTRIC COMPANY (November 3, 2008, Document 7); VOUGHT AIRCRAFT INDUSTRIES, INC. (November 3, 2008, Document 11); TODD SHIPYARDS CORPORATION (November 4, 2008, Document 17); NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY
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JOINT MOTION AND STIPULATION TO STAY PROCEEDING OR, IN THE ALTERNATIVE, TO CONTINUE CASE MANAGEMENT

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DEADLINES ­ C08-04461-MMC

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(November 7, 2008, Document 22); and, WARREN PUMPS, LLC (November 10, 2008, Document 27.) On July 29, 1991, the JPML entered an order transferring all asbestos personal injury cases pending in the federal courts to the United States District Court for the Eastern District of Pennsylvania, for coordinated pretrial proceedings pursuant to 28 U.S.C. § 1407. (In re Asbestos Products Liability Litigation (no. VI). MDL No. 875., 771 F.Supp. 415 (1991)). That order also applies to "tag-along actions," or actions involving common questions of fact filed after January 17, 1991. Such actions are to be transferred to the eastern District of Pennsylvania as part of MDL 875, for coordinated pretrial proceedings. The JPML has held that a district court has the authority to stay pending a transfer order. In re Asbestos Products Liability Litigation, 170 F. Supp. 2d 1348, 1349 n.1 (J.P.M.L. 2001) ("[T]hose courts concluding that such issues should be addressed by the transferee judge need not rule on them, and the process of 1407 transfer in MDL-875 can continue without any unnecessary interruption or delay.") The parties agree that it is likely that the JPML will transfer this matter to the Eastern District of Pennsylvania. The Clerk of the JPML has not entered a Conditional Transfer Order pursuant to JPML Rule 12(a) or filed an order to show cause why the action should not be transferred, pursuant to JPML Rule 13(b). It is likely the dates set forth in the Case Management Scheduling Order including the deadlines imposed by Federal Rules of Civil Procedure, Rule 26, will pass before the Clerk of the JPML acts. The parties make this Motion on the grounds that a stay of this action would (a) promote judicial efficiency, (b) allow consistency in pretrial rulings, and (c) be most convenient to the parties. For the reasons above, the parties hereby STIPULATE to and respectfully request the Court VACATE its Case Management Scheduling Order and its Case Management Conference Order, and that the Court issue an Order STAYING this action pending the outcome of the MDL Panel's decision on the merits of the transfer. ////
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JOINT MOTION AND STIPULATION TO STAY PROCEEDING OR, IN THE ALTERNATIVE, TO CONTINUE CASE MANAGEMENT

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In the alternative, the parties hereby STIPULATE to and respectfully request that this Court vacate and continue the dates set forth in the Case Management Scheduling Order and in the Case Management Conference Order pending the outcome of the JPML's decision on the merits of the transfer. Dated: November 26, 2008 BRAYTON~PURCELL LLP /s/ David R. Donadio By: David R. Donadio Attorneys for Plaintiffs

Dated: December 3, 2008

SEDGWICK, DETERT, MORAN & ARNOLD, LLP /s/ Derek S. Johnson By: Derek S. Johnson Attorneys for Defendant General Electric Company

Dated: November 26, 2008

HAIGHT BROWN AND BONESTEEL LLP /s/ Nairi Chakalian By: Nairi Chakalian Attorneys for Defendant Newport News Shipbuilding and Dry Dock Company

Dated: December 9, 2008

CARROLL, BURDICK, & MCDONOUGH LLP /Gregory David Meronek By: Gregory David Meronek Attorneys for Defendant Warren Pumps, LLC

Dated: November 26, 2008

YARON & ASSOCIATES /s/ D. David Steele By: D. David Steele Attorneys for Todd Shipyards Corporation

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JOINT MOTION AND STIPULATION TO STAY PROCEEDING OR, IN THE ALTERNATIVE, TO CONTINUE CASE MANAGEMENT

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Dated: November 26, 2008

MENDES & MOUNT /s/ Adam Ashley Grable By: Adam Ashley Grable Attorneys for Vought Aircraft Industries Inc.

Dated: December 8, 2008

JACKSON & WALLACE /s/ Dan O'Shea By: Dan O'Shea Attorneys for Defendant General Dynamics Corporation

Dated: December 4, 2008

CHARTER DAVIS LLP /s/ Mia Rosenfeld By: Mia Rosenfeld Attorneys for Defendant Viad Corporation

[PROPOSED]

ORDER TO STAY

IT IS HEREBY ORDERED that the hearing date and deadlines specified in the Case Management Scheduling Order dated September 26, 2008 and the Case Management Conference Order dated November 13, 2008, are hereby VACATED and that this action is STAYED pending the outcome of the JPML's decision on the merits of the transfer. Dated: _____________________ _____________________________ Maxine M. Chesney United States District Judge

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DEADLINES ­ C08-04461-MMC

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[PROPOSED ALTERNATIVE] ORDER TO CONTINUE IT IS HEREBY ORDERED that the hearing date and deadlines specified in the Case Management Scheduling Order dated September 26, 2008 and the Case Management Conference Order dated November 13, 2008, are hereby VACATED. IT IS FURTHER ORDERED that the following case management deadlines are continued as follows: 1. continued to The Case Management Conference is [set for a date after March 20, 2009 to

19 10:30 a.m. April 10, 2009 7 wit:] ______________, 2008; at _____________ ____.m., Courtroom ____, _____th Floor, 450 Golden Gate Avenue, San Francisco, California. 2. Last day to meet and confer re initial disclosures, early settlement, ADR process

selection, and discovery plan is 21 days before the Case Management Conference in paragraph 1, above. 3. Last day to file Joint ADR Certification with Stipulation to ADR process or

Notice of Need for ADR Phone Conference is 21 days before the Case Management Conference in paragraph 1, above. 4. Last day to complete initial disclosures or state objection to Rule 26(f) Report,

file/serve Case Management Statement and file/serve Rule 26(f) Report is 5 court days before April 3, 2009 the Case Management Conference in paragraph 1, above. December 12, 2008 Dated: _____________________ _____________________________ Maxine M. Chesney United States District Judge

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DEADLINES ­ C08-04461-MMC