Taylor et al v. General Electric Company et al

Filing 11

CONDITIONAL REMAND ORDER by The United States Judicial Panel on Multidistrict Litigation, MDL No. 875. (Attachments: #(1) Docket Sheet) (tn, COURT STAFF) (Filed on 4/3/2013)

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United States District Court Eastern District of Pennsylvania CM/ECF        Page 1 of 25 ? Civil Criminal Query Reports Utilities Search Logout ASBESTOS,CA-N,MDL-875 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:10-cv-80824-ER Internal Use Only TAYLOR et al v. GENERAL ELECTRIC COMPANY et al Assigned to: HONORABLE EDUARDO C. ROBRENO Referred to: MAGISTRATE JUDGE THOMAS J. RUETER (Settlement) Case in other court: CA-N, 10-03382 Cause: 28:1332 Diversity-Asbestos Litigation Plaintiff ELIZABETH TAYLOR represented by AS WRONGFUL DEATH HEIR, AND AS SUCCESSORIN-INTEREST TO BENJAMIN TAYLOR, DECEASED Date Filed: 09/17/2010 Jury Demand: Both Nature of Suit: 368 P.I. : Asbestos Jurisdiction: Diversity ALAN R. BRAYTON BRAYTON, PURCELL LLP 222 RUSH LANDING RD PO BOX 6169 NOVATO, CA 94945 415-898-1555 Email: abrayton@braytonlaw.com ATTORNEY TO BE NOTICED DAVID R. DONADIO BRAYTON PURCELL LLP 222 RUSH LANDING RD POBOX 6169 file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 2 of 25 NOVATO, CA 94948 Email: ddonadio@braytonlaw.com 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 LANCE RANDALL STEWART BRAYTON PURCELL 222 RUSH LANDING RD NOVATO, CA 94948 415-898-1555 Email: lstewart@braytonlaw.com ATTORNEY TO BE NOTICED Plaintiff JAMES TAYLOR AS LEGAL HEIR OF BENJAMIN TAYLOR, DECEASED represented by ALAN R. BRAYTON (See above for address) ATTORNEY TO BE NOTICED DAVID R. DONADIO (See above for address) ATTORNEY TO BE NOTICED GEOFF T. SLONIKER (See above for address) file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 3 of 25 ATTORNEY TO BE NOTICED KIMBERLY J.W.J. CHU (See above for address) ATTORNEY TO BE NOTICED Plaintiff NINA WEST AS LEGAL HEIR OF BENJAMIN TAYLOR, DECEASED represented by ALAN R. BRAYTON (See above for address) ATTORNEY TO BE NOTICED 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 MARC BRAINICH SEDGWICK LLP 333 BUSH ST 30TH FL SAN FRANCISCO, CA 941042834 415-781-7900 Email: marc.brainich@sdma.com LEAD ATTORNEY ATTORNEY TO BE NOTICED ALLISON M. LOW SEDGWICK LLP 333 BUSH ST 30TH FL SAN FRANCISCO, CA 941042834 file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 4 of 25 415-627-1466 Email: allison.low@sedgwicklaw.com ATTORNEY TO BE NOTICED CHARLES T. SHELDON WALSWORTH FRANKLIN BEVINS & MCCALL LLP 601 NONTGOMERY ST, 9TH FLOOR SAN FRANCISCO, CA 94111 415-781-7900 Email: csheldon@wfbm.com ATTORNEY TO BE NOTICED DEREK S. JOHNSON WALSWORTH RANKLIN BEVINS & MCCALL LLP 601 MONTGOMERY ST 9TH FL SAN FRANCISCO, CA 94111 415-781-7900 Email: djohnson@wfbm.com ATTORNEY TO BE NOTICED Defendant TODD SHIPYARDS CORPORATION TERMINATED: 07/05/2012 represented by KEITH E. PATTERSON YARON & ASSOC 601 CALIFORNIA ST 21ST FL SAN FRANCISCO, CA 94108 415-658-2929 Email: kpatterson@yaronlaw.com TERMINATED: 07/05/2012 LEAD ATTORNEY GEORGE D. YARON YARON & ASSOCIATES 601 CALIFORNIA ST 21ST FL SAN FRANCISCO, CA 94108 415-658-2929 file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 5 of 25 Email: gyaron@yaronlaw.com TERMINATED: 07/05/2012 Defendant FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION) represented by SHELLEY K. TINKOFF BRYDON HUGO & PARKER 135 MAIN ST 20TH FL SAN FRANCISCO, CA 94105 415-808-0300 Email: tinkoff@bhplaw.com ATTORNEY TO BE NOTICED THOMAS J. MOSES BRYDON HUGO & PARKER 135 MAIN STREET 20TH FLOOR SAN FRANCISCO, CA 94105 415-808-0300 Email: tmoses@bhplaw.com ATTORNEY TO BE NOTICED Defendant BATH IRON WORKS CORPORATION TERMINATED: 02/27/2012 Defendant UNITED STATES STEEL CORPORATION (FKA USX CORPORATION) TERMINATED: 05/07/2012 represented by DANIEL DENNIS O'SHEA PERKINS COIE LLP FOUR EMBARCADERO CENTER SUITE 2400 SAN FRANCISCO, CA 94111 415-344-7002 Email: doshea@perkinscoie.com TERMINATED: 02/27/2012 represented by DAVID F. BEACH BISHOP BARRY DRATH 2000 POWELL STREET DUITE 1425 EMERYVILLE, CA 94608 510-596-0888 Email: dbeach@bishopbarry.com TERMINATED: 05/07/2012 file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 6 of 25 RAMON Z. BACERDO BISHOP BARRY DRATH 2000 POWELL ST STE 1425 EMERYVILLE, CA 94608 TERMINATED: 05/07/2012 Date Filed # Docket Text 09/17/2010 view1 TRANSFER ORDER NO. 836 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. (ems) (Entered: 09/20/2010) 09/17/2010 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. (ems) (Entered: 09/20/2010) 09/17/2010 view3 NOTICE TO COUNSEL (ems) (Entered: 09/20/2010) 12/20/2010 view4 ORDERED THAT THE CASES LISTED IN EXHIBIT "A", ATTACHED, A STATUS AND SCHEDULING CONFERENCE WILL BE HELD IN THE CASES LISTED IN EXHIBIT "A", ATTACHED, ON TUESDAY, JANUARY 11TH AT 2:00PM IN COURTROOM 11A, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/16/10. 12/20/10 ENTERED AND COPIES MAILED, E-MAILED.(jaa, ) (Entered: 12/20/2010) 12/22/2010 view5 ANSWER to Complaint for Survival, Wrongful file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 7 of 25 Death-Asbestos; and Demand for Jury Trial by GENERAL ELECTRIC COMPANY.(BRAINICH, MARC) (Entered: 12/22/2010) 01/06/2011 view6 CERTIFICATE OF SERVICE by ELIZABETH TAYLOR General Electric Company (DONADIO, DAVID) (Entered: 01/06/2011) 01/21/2011 view7 ORDER RE: CASES LISTED ON EXHIBIT A REFERRING THESE MATTERS TO THE HONORABLE MAGISTRATE JUDGE THOMAS J. RUETER TO CONDUCT PRETRIAL PROCEDURES, SUPERVISION OF DISCOVERY, SETTLEMENT CONFERENCES, AND PREPARATION FOR TRIAL AS OUTLINED IN THIS ORDER, ETC; PLFF'S COUNSEL SHALL SEND NOTICE OF THIS SETTLEMENT CONFERENCE TO ALL REMAINING DEFENSE COUNSEL NO LESS THAN 30 DAYS BEFORE THE CONFERENCE IS SCHEDULED; ALL PARTIES SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 9, ADMINISTRATIVE ORDER NO. 12; PLAINTIFFS MUST HAVE MADE SUBMISSIONS IN ACCORDANCE WITH ADMINISTRATIVE ORDER NO. 12 AND ALL VIABLE PARTIES MUST HAVE MADE PAYMENT TO THE CLERK OF THE COURT AS REQUIRED UNDER ADMINISTRATIVE ORDER NO. 14. IT IS FURTHER ORDERED THAT A FINAL PREREMAND CONFERENCE AND SUMMARY JUDGMENT HEARING WILL TAKE PLACE ON NOVEMBER 22, 2011. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/19/11; 1/24/11 ENTERED AND COPIES MAILED AND E-MAILED. (ahf) (Entered: 01/24/2011) 01/26/2011 01/26/2011 LOCK view (Court only) ***Set/Clear Flags Set Flag TJR/ASB (td, ) (Entered: 01/26/2011) view8 ORDER THAT THE ABOVE-CAPTIONED CASES ARE SCHEDULED FOR A SCHEDULING AND SETTLEMENT file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 8 of 25 CONFERENCE ON 3/16/2011 AT 10:30 AM BEFORE THE HONORABLE THOMAS J. RUETER IN COURTROOM 3-C. FURTHER DEADLINES AND INSTRUCTIONS ARE AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 1/26/2011. 1/26/2011 ENTERED AND COPIES MAILED, EMAILED.(kp, ) (Entered: 01/26/2011) 02/16/2011 view9 MOTION to Dismiss filed by TODD SHIPYARDS CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Points and Authorities In Support of Motion to Dismiss, # 2 Declaration of Matthew A. Zavala, # 3 Request for Oral Argument, # 4 Request for Judicial Notice, # 5 Text of Proposed Order, # 6 Certificate of Service)(YARON, GEORGE) (Entered: 02/16/2011) 02/23/2011 view10 ORDER THAT A HEARING ON DEFENDANT, TODD SHIPYARDS CORPORATION'S MOTION TO DISMISS 9 , WILL BE HELD ON 3/16/2011, AT 10:30 AM IN COURTROOM 3-C, THIRD FLOOR, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 2/23/11. 2/23/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 02/23/2011) 03/02/2011 view11 MOTION to Amend/Correct Complaint for Survival, Wrongful Death-Asbestos; Demand for Jury Trial filed by ELIZABETH TAYLOR, JAMES TAYLOR.. (Attachments: # 1 Supplement Amended Complaint for Survival, Wrongful DeathAsbestos; Demand for Jury Trial, # 2 Exhibit A to Amended Complaint)(DONADIO, DAVID) (Entered: 03/02/2011) 03/09/2011 view12 RESPONSE in Opposition re 9 MOTION to Dismiss Plaintiff's' Opposition To Defendant Todd Shipyards Corporation's Motion To Dismiss Pursuant To FRCE 12(b)(5) and 4(m) And Motion To Extend Time For Service Of Process Under file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 9 of 25 FRCP 6(b)(1)(B) filed by ELIZABETH TAYLOR. (Attachments: # 1 Affidavit Declaration of Geoff Sloniker, # 2 Exhibit A, # 3 Text of Proposed Order [Proposed] Order In Support Of Plaintiffs' Opposition To Defendant Todd Shipyards Corporation's Motion To Dismiss Pursuant to FRCP 12(b(5) and 4(m) And Plaintiffs' Motion To Extend Time For Service Of Process Under FRCP 6(b)(1)(B), # 4 Affidavit Jim Hellums Declaration Of Diligence, # 5 Affidavit Certificate Of Service) (DONADIO, DAVID) (Entered: 03/09/2011) 03/10/2011 view13 NOTICE of Appearance by DEREK S. JOHNSON, CHARLES T. SHELDON, on behalf of GENERAL ELECTRIC COMPANY with Certificate of Service(JOHNSON, DEREK) Modified on 3/11/2011 (md). (Entered: 03/10/2011) 03/14/2011 view14 REPLY to Response to Motion re 9 MOTION to Dismiss filed by TODD SHIPYARDS CORPORATION. (YARON, GEORGE) (Entered: 03/14/2011) 03/14/2011 view15 Declaration re 9 MOTION to Dismiss by TODD SHIPYARDS CORPORATION. (Attachments: # 1 Exhibit Exhibits A and B, # 2 Exhibit Exhibits C through E)(YARON, GEORGE) (Entered: 03/14/2011) 03/14/2011 view16 APPLICATION for Leave to File Reply Brief in Support of its Motion to Dismiss, filed by TODD SHIPYARDS CORPORATION.(YARON, GEORGE) Modified on 3/15/2011 (md). (Entered: 03/14/2011) 03/14/2011 03/17/2011 LOCK view (Court only) ***Motions terminated: 16 MOTION for Leave to File Reply Brief filed by TODD SHIPYARDS CORPORATION. (md) (Entered: 03/15/2011) view Minute Entry for proceedings held before MAGISTRATE JUDGE THOMAS J. RUETER: Scheduling Conference/Oral Argument held on 3/16/11. Court Reporter: ANDREW FOLLMER. (dp, ) (Entered: 03/17/2011) file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania 03/17/2011 03/17/2011 03/17/2011 LOCK Page 10 of 25 view (Court only) ***Motions terminated: 9 MOTION to Dismiss filed by TODD SHIPYARDS CORPORATION. (dp, ) (Entered: 03/17/2011) view17 ORDER THAT ALL FACT DISCOVERY MUST BE COMPLETED BY 7/29/11. A SETTLEMENT CONFERENCE IS SET FOR 9/7/11 AT 10:00AM. DISPOSITIVE MOTION MUST BE FILED BY 11/18/11.ORAL ARGUMENT ON MOTIONS FOR SUMMARY JUDGEMENT WILL BE HEARD ON 1/6/12 AT 10:00AM.. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 3/16/11. 3/17/11 ENTERED AND COPIES MAILED, EMAILED.(dp, ) (Entered: 03/17/2011) LOCK view (Court only) ***Reopen Document 9 MOTION to Dismiss (lisad, ) (Entered: 03/24/2011) 03/30/2011 view18 ORDER THAT MOVANT BE GRANTED LEAVE TO SERVE SUMMONS AND COMPLAINT. MOVANT BE GRANTED AN ORDER GIVING LEAVE TO FILE THE AMENDED COMPLAINT, AND ITS ATTACHED EXHIBIT "A," THE CLERK OF COURT SHALL IMMEDIATELY ISSUE AN ALIAS SUMMONS AS TO DEFENDANTS FOSTER WHEELER LLC, BATH IRON WORKS CORPORATION, AND UNITED STATES STEEL CORPORATION, AND MAIL IT TO COUNSEL FOR PLAINTIFF, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/30/11.3/30/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 03/30/2011) 03/30/2011 view19 AMENDED COMPLAINT against GENERAL ELECTRIC COMPANY, TODD SHIPYARDS CORPORATION, FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION), BATH IRON WORKS CORPORATION, UNITED STATES STEEL CORPORATION (FKA USX CORPORATION), filed by JAMES TAYLOR, ELIZABETH TAYLOR, NINA WEST. (Attachments: # 1 Exhibit)(ti, ) (Entered: 03/30/2011) 03/30/2011 view Summons Issued as to BATH IRON WORKS file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 11 of 25 CORPORATION, FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION), UNITED STATES STEEL CORPORATION (FKA USX CORPORATION). Three Originals Forwarded To: Counsel on 3/30/11 (ti, ) (Entered: 03/30/2011) 03/30/2011 view20 Disclosure with Certificate of Service by ELIZABETH TAYLOR, JAMES TAYLOR. (SLONIKER, GEOFF) (Entered: 03/30/2011) 03/31/2011 view21 DUE TO A CONFLICT ON THE COURT'S CALENDAR, PLEASE NOT THAT THE SETTLEMENT CONFERENCE SCHEDULED FOR 9/7/11 HAS BEEN RESCHEDULED TO 9/9/11 AT 10:00AM. THE CONFERENCE WILL TAKE PLACE BEFORE CHIEF UNITED STATES MAGISTRATE JUDGE THOMAS J. RUETER IN COURTROOM 3-C (3RD FLOOR), UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILA. PA.(dp, ) (Entered: 04/01/2011) 04/07/2011 view22 REPORT AND RECOMMENDATIONS THAT THE MOTION TO DISMISS FILED BY TODD BE DENIED. THE PARTIES MAY FILE OBJECTIONS TO THIS REPORT AND RECOMMENDATION, ETC. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 4/7/11. 4/7/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Additional attachment(s) added on 4/7/2011: # 1 Notice) (ti, ). (Entered: 04/07/2011) 04/21/2011 view23 ANSWER to 19 Amended Complaint, by TODD SHIPYARDS CORPORATION.(YARON, GEORGE) (Entered: 04/21/2011) 04/22/2011 view24 DEMAND for Trial by Jury by TODD SHIPYARDS CORPORATION. (YARON, GEORGE) (Entered: 04/22/2011) 05/09/2011 view25 Defendant United States Steel Corporation's ANSWER to 19 Amended Complaint, for Survival, Wrongful Death - Asbestos; Demand for Jury Trial by UNITED STATES STEEL CORPORATION (FKA USX CORPORATION).(BEACH, DAVID) file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 12 of 25 (Entered: 05/09/2011) 05/11/2011 view26 ANSWER to 19 Amended Complaint, by FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION). (Attachments: # 1 Supplement Defendant Foster Wheeler LLC's Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Certification of Interested Entities or Persons, # 2 Supplement Notice of Payment of Contribution Pursuant to Administrative Order No. 14)(TINKOFF, SHELLEY) (Entered: 05/11/2011) 06/15/2011 view27 Disclosure with Certificate of Service by UNITED STATES STEEL CORPORATION (FKA USX CORPORATION). (Attachments: # 1 Proof of Service)(BEACH, DAVID) (Entered: 06/15/2011) 06/20/2011 view28 ORDER THAT THE REPORT AND RECOMMENDATION ISSUED BY CHIEF MAGISTRATE JUDGE THOMAS J. RUETER, FILED ON 4/7/2011 AS TO DEFENDANT TODD SHIPYARDS CORPORATION'S MOTION TO DISMISS IS ADOPTED. IT IS FURTHER ORDERED THAT DEFENDANT TODD SHIPYARD CORPORATION'S MOTION TO DISMISS (DOC. NO. 9) IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/17/2011. 6/20/2011 ENTERED AND COPIES MAILED, E-MAILED.(jmf, ) (Entered: 06/20/2011) 06/20/2011 LOCK view (Court only) ***Documents terminated: 22 REPORT AND RECOMMENDATIONS; ***Deadlines terminated: Objection Deadline. (md) (Entered: 06/21/2011) 06/27/2011 view29 ANSWER to Complaint together with Jury Demand; Certificate of Service by BATH IRON WORKS CORPORATION.(O'SHEA, DANIEL) (Entered: 06/27/2011) 08/04/2011 view30 MOTION to Compel Plaintiffs' Further Responses to Special Interrogatories and Request for Production of Documents and Plaintiffs' Depositions filed by TODD SHIPYARDS file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 13 of 25 CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Points and Authorities In Support of Motion to Compel, # 2 Declaration of Keith E. Patterson In Support of Motion to Compel, # 3 Exhibit Exhibits A - D, # 4 Exhibit Exhibit E, # 5 Exhibit Exhibit F (part 1), # 6 Exhibit Exhibit F (part 2), # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I - L, # 10 Exhibit Exhibit M P, # 11 Separate Statement Re: Depositions, # 12 Separate Statement Re: RFPD, # 13 Separate Statement Re: Special Interrogatories, # 14 Certificate of Service)(YARON, GEORGE) (Entered: 08/04/2011) 08/05/2011 view31 Minute Entry for proceedings held before MAGISTRATE JUDGE THOMAS J. RUETER: Conference call (re: scheduling issues) held on 8/5/11. Court Reporter: ESR. (ti, ) (Entered: 08/08/2011) 08/05/2011 view32 ORDER THAT THE REQUEST OF DEFENDANT TODD SHIPYARDS CORPORATION FOR AN EXTENSION OF THE FACT DISCOVERY DEADLINE IS GRANTED. THE PARTIES SHALL HAVE UNTIL 9/30/2011 TO COMPLETE FACT DISCOVERY. DEFENDANT TODD SHIPYARDS' REQUEST FOR THE PRODUCTION OF THE RESULTS OF DECENDENT'S AUTOPSY IS GRANTED. THE REQUEST OF DEFENDANT TODD SHIPYARDS TO RE-DEPOSE PLAINTIFF JAMES TAYLOR IS DENIED. THE DEPOSITION OF ELIZABETH TAYLOR SHALL BE COMPLETED ON OR BEFORE THE NEW DISCOVERY DEADLINE. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 8/5/11. 8/8/11 ENTERED AND COPIES MAILED AND E-MAILED.(ti, ) (Entered: 08/08/2011) 08/05/2011 view33 ORDER THAT ALL FACT DISCOVERY MUST BE COMPLETED BY 9/30/2011. A SETTLEMENT CONFERENCE IS SET FOR 9/9/2011, AT 10:00 AM IN COURTROOM 3-C (3RD FLOOR), UNITED STATES file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 14 of 25 COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA. EXPERT DISCOVERY AND DEPOSITIONS MUST BE COMPLETED BY 12/30/2011. DISPOSITIVE MOTIONS MUST BE FILED BY 1/13/2012, ETC. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 8/5/11. 8/8/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 08/08/2011) 08/22/2011 view34 RESPONSE in Opposition re 30 MOTION to Compel Plaintiffs' Further Responses to Special Interrogatories and Request for Production of Documents and Plaintiffs' Depositions PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT TODD SHIPYARDS CORPORATIONS MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND PLAINTIFFS FURTHER DEPOSITION TESTIMONY filed by ELIZABETH TAYLOR. (Attachments: # 1 Affidavit Declaration of Lance R. Stewart, # 2 Supplement Response to Separate Statement - RFPs (Part 1), # 3 Supplement Response to Separate Statement RFPs (Part 2), # 4 Supplement Response to Separate Statement - Interrogatories, # 5 Text of Proposed Order)(STEWART, LANCE) (Entered: 08/22/2011) 09/09/2011 view35 Minute Entry for Settlement Conference held on 9/9/11 before Judge Rueter. ESR/ Court Reporter: Dennis Taylor. (mbh, ) (Entered: 09/12/2011) 09/27/2011 view36 LETTER REQUEST for Extension of Time to Complete Fact Discovery by ELIZABETH TAYLOR, JAMES TAYLOR, NINA WEST. (SLONIKER, GEOFF) Modified on 9/28/2011 (md). (Entered: 09/27/2011) 09/29/2011 view37 ORDER THAT PLAINTIFFS' REQUEST FOR AN EXTENSION OF TIME TO COMPLETE FACT DISCOVERY WITH RESPECT TO DEFENDANT file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 15 of 25 TODD SHIPYARDS CORPORATION IS DENIED, WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE A MOTION TO COMPEL, ETC. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 9/29/11. 9/29/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 09/29/2011) 09/30/2011 view38 ORDER THAT THE CASES LISTED IN EXHIBIT "A", ATTACHED, A FINAL PRE-REMAND HEARING, INCLUDING ORAL ARGUMENT ON ALL OPPOSED SUMMARY JUDGMENT MOTIONS, WILL BE HELD ON 2/21/2012, AT 10:00 AM IN COURTROOM 11A, 601 MARKET STREET, PHILADELPHIA, PA 19106. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/29/11. 9/30/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 09/30/2011) 10/17/2011 view39 ORDER THAT HEARINGS ON ALL PENDING OPPOSED DISPOSITIVE MOTIONS, INCLUDING MOTIONS FOR SUMMARY JUDGMENT, IN THIS CASE WILL BE HELD ON 3/20/2012, AT 10:00 AM IN COURTROOM 11A, JAMES A. BYRNE UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106. IT IS FURTHER ORDERED THAT THIS CONFERENCE CONSTITUTES THE FINAL PRE-REMAND CONFERENCE. IT IS FURTHER ORDERED THAT IF THE CASE IS READY TO BE REMANDED OT THE TRANSFEREE COURT, PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE COURT, A LIST OF ALL REMAINING VIABLE DEFENDANTS. IT IS FURTHER ORDERED THAT IF THERE ARE NO PENDING MOTIONS REMAINING IN THE CASE, AND COUNSEL INFORMS THE COURT AS TO THE STATUS OF THE CASE PRIOR TO THE DATE OF THE HEARING, APPEARANCE AT THE HEARING IS EXCUSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/17/11. 10/17/11 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 10/17/2011) file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 16 of 25 10/20/2011 view40 ORDER THAT THE MOTION TO COMPEL PLAINTIFFS' FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND PLAINTIFFS' DEPOSITIONS 30 , IS DENIED AS MOOT. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 10/20/11.10/21/11 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 10/21/2011) 11/16/2011 view41 Discovery Plan by TODD SHIPYARDS CORPORATION.(YARON, GEORGE) (Entered: 11/16/2011) 11/21/2011 view42 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) 11/28/2011 view43 Disclosure with Certificate of Service by BATH IRON WORKS CORPORATION. (Attachments: # 1 Supplement Bath Iron Works' Rule 26(a)(2) Expert Disclosure Report of Dr. Norman P. Moscow)(O'SHEA, DANIEL) (Entered: 11/28/2011) 11/28/2011 view44 Disclosure with Certificate of Service by BATH IRON WORKS CORPORATION. (Attachments: # 1 Supplement Report of Expert Witness Admiral Roger B. Horne, # 2 Exhibit 2-A, # 3 Exhibit 2-B, # 4 Exhibit 2-C, # 5 Exhibit 2-D, # 6 Exhibit 2-E, # 7 Exhibit 2-F1, # 8 Exhibit 2-F2, # 9 Exhibit 2-F3, # 10 Exhibit 2-F4, # 11 Exhibit 2-G)(O'SHEA, DANIEL) (Entered: 11/28/2011) 01/13/2012 view45 MOTION for Summary Judgment filed by FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION).Memorandum, Declaration, Certificate of Service. (Attachments: # 1 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT, # 2 SEPARATE STATEMENT OF UNCONTROVERTED FACTS IN SUPPORT OF DEFENDANT FOSTER WHEELER LLCS file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 17 of 25 MOTION FOR SUMMARY JUDGMENT, # 3 DECLARATION OF THOMAS J. MOSES IN SUPPORT OF MSJ and Exh.A, # 4 Exhibit Exhibit B to the Declaration of T.Moses, # 5 Exhibit Exhibit C to the Declaration of T.Moses, # 6 Exhibit Exhibit D to the Declaration of T.Moses, # 7 Exhibit Exhibit E to the Declaration of T.Moses, # 8 Exhibit Exhibit F to the Declaration of T.Moses, # 9 Exhibit Exhibit G to the Declaration of T.Moses, # 10 Exhibit Exhibit H to the Declaration of T.Moses, # 11 Exhibit Exhibit I to the Declaration of T.Moses, # 12 Exhibit Exhibit J to the Declaration of T.Moses, # 13 Exhibit Exhibit K, part 1 to the Declaration of T.Moses, # 14 Exhibit Exhibit K, part 2 to the Declaration of T.Moses, # 15 Text of Proposed Order [PROPOSED] ORDER GRANTING DEFENDANT FOSTER WHEELER LLCS MOTION FOR SUMMARY JUDGMENT, # 16 Affidavit CERTIFICATE OF SERVICE)(MOSES, THOMAS) (Entered: 01/13/2012) 01/13/2012 view46 MOTION and MEMORANDUM OF LAW for Summary Judgment filed by UNITED STATES STEEL CORPORATION (FKA USX CORPORATION), Affidavit, Certificate of Service. (Attachments: # 1 Affidavit of Charles R. Cushing and Exhibit A thereto, # 2 Affidavit of John C. Grossman, # 3 Exhibit A to the Affidavit of John C. Grossman, # 4 Exhibit B to the Affidavit of John C. Grossman, # 5 Exhibit C to the Affidavit of John C. Grossman, # 6 Exhibit D to the Affidavit of John C. Grossman, # 7 Exhibit E to the Affidavit of John C. Grossman, # 8 Exhibit F to the Affidavit of John C. Grossman, # 9 Affidavit of counsel Ray Z. Bacerdo, # 10 Exhibit G to the Affidavit of Ray Z. Bacerdo, # 11 Exhibit H to the Affidavit of Ray Z. Bacerdo, # 12 Exhibit I to the Affidavit of Ray Z. Bacerdo, # 13 Exhibit J to the Affidavit of Ray Z. Bacerdo, # 14 Exhibit K to the Affidavit of Ray Z. Bacerdo, # 15 Exhibit L to the Affidavit of Ray Z. Bacerdo, # 16 Exhibit M to the Affidavit of Ray Z. Bacerdo, # 17 Exhibit N to the Affidavit of Ray Z. file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 18 of 25 Bacerdo, # 18 Exhibit O to the Affidavit of Ray Z. Bacerdo, # 19 Exhibit P to the Affidavit of Ray Z. Bacerdo, # 20 Supplement REQUEST FOR JUDICIAL NOTICE, # 21 Exhibit Q to the Request for Judicial Notice, # 22 Text of Proposed Order Granting US Steel's Motion for Summary Judgment, # 23 Affidavit of Service via CM/ECF system)(BEACH, DAVID) Modified on 1/17/2012 (md). Modified on 5/1/2012 (nmp, ). (Entered: 01/13/2012) 01/13/2012 view47 MOTION for Summary Judgment filed by TODD SHIPYARDS CORPORATION.memorandum, declaration, separate statement, certificate of service. (Attachments: # 1 Supplement Memo of Points and Authorities, # 2 Supplement Declartion of Ronald Gots, # 3 Supplement Declaration of Roger Horne, # 4 Supplement Declaration of Keith E. Patterson, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Supplement Separate Statement of Undisputed Material Facts, # 13 Affidavit Certificate of Service)(YARON, GEORGE) (Entered: 01/13/2012) 01/13/2012 view48 MOTION for Summary Judgment filed by BATH IRON WORKS CORPORATION.Memoradum, Declaration, Certificate of Service. (Attachments: # 1 Supplement Memorandum, # 2 Affidavit Declaration of Daniel D. O'Shea, # 3 Exhibit Exhibit A to Declaration of Daniel D. OShea, # 4 Exhibit Exhibit B to Declaration of Daniel D. OShea, # 5 Exhibit Exhibit C to Declaration of Daniel D. OShea, # 6 Exhibit Exhibit D to Declaration of Daniel D. OShea, # 7 Exhibit Exhibit E to Declaration of Daniel D. OShea, # 8 Exhibit Exhibit F to Declaration of Daniel D. OShea, # 9 Exhibit Exhibit G to Declaration of Daniel D. OShea, # 10 Exhibit Exhibit G-A to Declaration of Daniel D. OShea, # 11 Exhibit Exhibit G-B to Declaration of Daniel D. OShea, # 12 Exhibit Exhibit G-C to Declaration of Daniel D. OShea, # 13 Exhibit Exhibit G-D to Declaration of file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 19 of 25 Daniel D. OShea, # 14 Exhibit Exhibit G-E to Declaration of Daniel D. OShea, # 15 Exhibit Exhibit G-F-1 to Declaration of Daniel D. OShea, # 16 Exhibit Exhibit G-F-2 to Declaration of Daniel D. OShea, # 17 Exhibit Exhibit G-F-3 to Declaration of Daniel D. OShea, # 18 Exhibit Exhibit G-F-4 to Declaration of Daniel D. OShea, # 19 Exhibit Exhibit G-G to Declaration of Daniel D. OShea)(O'SHEA, DANIEL) (Entered: 01/13/2012) 02/13/2012 view49 RESPONSE in Opposition re 47 MOTION for Summary Judgment PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT TODD SHIPYARDS CORPORATIONS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT filed by ELIZABETH TAYLOR. (Attachments: # 1 Affidavit Declaration of Lance Stewart, # 2 Affidavit Declaration of Lance Stewart (Part 2), # 3 Affidavit Declaration of Lance Stewart (Part 3), # 4 Affidavit Declaration of Lance Stewart (Part 4), # 5 Affidavit Declaration of Lance Stewart (Part 5), # 6 Affidavit Declaration of Lance Stewart (Part 6), # 7 Affidavit Declaration of Lance Stewart (Part 7), # 8 Affidavit Declaration of Lance Stewart (Part 8), # 9 Affidavit Declaration of Lance Stewart (Part 9), # 10 Affidavit Declaration of Lance Stewart (Part 10), # 11 Affidavit Declaration of Lance Stewart (Part 11), # 12 Affidavit Declaration of Lance Stewart (Part 12), # 13 Affidavit Declaration of Lance Stewart (Part 13), # 14 Affidavit Declaration of Lance Stewart (Part 14), # 15 Supplement Request for Oral Argument, # 16 Text of Proposed Order, # 17 Supplement Evidentiary Objections)(STEWART, LANCE) (Entered: 02/13/2012) 02/13/2012 view50 RESPONSE in Opposition re 45 MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANT FOSTER WHEELER LLCS file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 20 of 25 MOTION FOR SUMMARY JUDGMENT filed by ELIZABETH TAYLOR. (Attachments: # 1 Affidavit Declaration of Geoff Sloniker (Part 1), # 2 Affidavit Declaration of Geoff Sloniker (Part 2), # 3 Affidavit Declaration of Geoff Sloniker (Part 3), # 4 Affidavit Declaration of Geoff Sloniker (Part 4), # 5 Affidavit Declaration of Geoff Sloniker (Part 5), # 6 Affidavit Declaration of Geoff Sloniker (Part 6), # 7 Affidavit Declaration of Geoff Sloniker (Part 7), # 8 Supplement Objection to the Affidavit of Lawrence Betts, # 9 Supplement Objection to the Affidavit of Ben Lehman, # 10 Supplement Objection to the Affidavit of J. Thomas Schroppe, # 11 Text of Proposed Order, # 12 Supplement Request for Oral Argument)(SLONIKER, GEOFF) (Entered: 02/13/2012) 02/16/2012 view51 ORDER THAT THE LETTER REQUEST OF COUNSEL FOR TODD SHIPYARDS CORPORATION TO FILE AND SERVE ITS REPLY BRIEF NO LATER THAN 2/21/2012 IS GRANTED, ETC. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 2/16/12. 2/16/12 ENTERED AND COPIES MAILED, EMAILED.(ti, ) (Entered: 02/16/2012) 02/21/2012 view52 REPLY to Response to Motion re 45 MOTION for Summary Judgment DEFENDANT FOSTER WHEELER LLCS REPLY TO PLAINTIFFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; REQUEST FOR LEAVE OF COURT TO PROVIDE SUPPLEMENTAL BRIEFING BASED ON CONNER v. ALFA LAVAL filed by FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION). (MOSES, THOMAS) (Entered: 02/21/2012) 02/21/2012 view53 REPLY to Response to Motion re 47 MOTION for Summary Judgment filed by TODD SHIPYARDS CORPORATION. (Attachments: # 1 Supplement Declaration of Keith E. Patterson in Support of Todd Shipyards Corporation's Objection to Plaintiffs' Evidence Submitted in Opposition to Todd's Motion for Summary Judgment/Summary file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 21 of 25 Adjudication, # 2 Supplement Todd Shipyards Corporation's Objections to Evidence Submitted By Plaintiffs in Opposition to Todd Shipyards Corporation's Motion for Summary Judgment, # 3 Supplement Todd Shipyards Corporation's Evidentiary Objections to the Declaration of Charles Ay, # 4 Supplement Todd Shipyards Corporation's Objections to the Declaration of Richard Cohen, # 5 Supplement Todd Shipyards Corporation's Objections to the Declaration of David Schwartz, # 6 Affidavit Certificate of Service)(YARON, GEORGE) (Entered: 02/21/2012) 02/22/2012 view54 NOTICE of Voluntary Dismissal by All Plaintiffs As To BATH IRON WORKS CORPORATION ONLY, WITHOUT PREJUDICE. EACH PARTY TO BEAR ITS OWN FEES AND COSTS.(DONADIO, DAVID) (Entered: 02/22/2012) 02/27/2012 view55 STIPULATION AND ORDER THAT THE COURT DISMISS DEFENDANT BATH IRON WORKS CORPORATION FROM THIS ACTION WITHOUT PREJUDICE. EACH PARTY TO BEAR ITS OWN FEES AND COSTS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/23/12. 2/27/12 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 02/27/2012) 03/14/2012 view56 ORDER THAT HEARINGS ON ALL PENDING OPPOSED DISPOSITIVE MOTIONS, INCLUDING MOTIONS FOR SUMMARY JUDGMENT, IN THIS CASE WILL BE HELD ON 5/22/2012 AT 10:00 A.M. IN COURTROOM 15A, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/13/12. 3/15/12 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/15/2012) 04/20/2012 view57 ORDER THAT THE MOTIONS LISTED IN THE ATTACHED EXHIBIT "A" ARE HEREBY GRANTED AS UNOPPOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/20/2012. 4/23/2012 ENTERED AND COPIES file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 22 of 25 MAILED AND E-MAILED.(stwe, ) Modified on 5/1/2012 (nmp, ). VACATED PER ORDER # 58. (Entered: 04/23/2012) 04/20/2012 LOCK view (Court only) ***Motions terminated: 46 MOTION for Summary Judgment filed by UNITED STATES STEEL CORPORATION (FKA USX CORPORATION). (stwe, ) (Entered: 04/23/2012) 04/23/2012 LOCK view (Court only) *** Party UNITED STATES STEEL CORPORATION (FKA USX CORPORATION) terminated., *** Attorney RAMON Z. BACERDO and DAVID F. BEACH terminated. (md) (Entered: 04/24/2012) 04/23/2012 LOCK view (Court only) ***Reopen Document 46 MOTION for Summary Judgment (lisad, ) (Entered: 08/30/2012) 04/30/2012 view58 ORDERS GRANTING AS UNOPPOSED CERTAIN MOTIONS FOR SUMMARY JUDGMENT, LISTED IN THE ATTACHED EXHIBIT "A", ARE VACATED, AS THE COURT HAS BEEN INFORMED THAT THE CASES WERE IN THE PROCESS OF SETTLING AND THAT DISMISSAL ORDERS WILL BE FILED UPON SETTLEMENT. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/30/2012. 5/1/2012 ENTERED AND COPIES EMAILED. Modified on 5/1/2012 (nmp, ). (Entered: 05/01/2012) 05/07/2012 view59 ORDER THAT THE MOTIONS LISTED IN EXHIBIT "A," ATTACHED, ARE GRANTED AS UNOPPOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/7/12.5/8/12 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 05/08/2012) 05/07/2012 05/09/2012 LOCK view (Court only) ***Motions terminated: 46 MOTION for Summary Judgment filed by UNITED STATES STEEL CORPORATION (FKA USX CORPORATION). (lisad, ) (Entered: 09/17/2012) view60 ORDER THAT HEARINGS ON ALL PENDING OPPOSED DISPOSITIVE MOTIONS, file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 23 of 25 INCLUDING MOTIONS FOR SUMMARY JUDGMENT, IN THIS CASE WILL BE HELD ON 6/28/2012, AT 10:00 AM IN COURTROOM 15A. IT IS FURTHER ORDERED THAT THIS CONFERENCE CONSTITUTES THE FINAL PRE-REMAND CONFERENCE IN EACH OF THESE CASES. IT IS FURTHER ORDERED THAT IF THE CASE IS READY TO BE REMANDED TO THE TRANSFERREE COURT, PLAINTIFFS' COUNSEL SHALL PROVIDE TO THE COURT, PRIOR TO THE HEARING DATE, A LIST OF ALL REMAINING VIABLE DEFENDANTS TO BE PURSUED AT TRIAL. IT IS FURTHER ORDERED THAT IF THERE ARE NO PENDING MOTIONS REMAINING IN THE CASE, AND COUNSEL INFORMS THE COURT AS TO THE STATUS OF THE CASE PRIOR TO THE DATE OF THE HEARING, APPEARANCE AT THE HEARING IS EXCUSED, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/8/12. 5/9/12 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 05/09/2012) 06/26/2012 view61 STATUS REPORT RE FINAL PRE-REMAND CONFERENCE ON JUNE 28, 2012 by ELIZABETH TAYLOR, JAMES TAYLOR, NINA WEST. (CHU, KIMBERLY) (Entered: 06/26/2012) 06/28/2012 view62 ORDER THAT THE CASES LISTED IN EXHIBIT "A," ATTACHED, SHALL BE ASSIGNED TO JUDGE EDUARDO C. ROBRENO, AND SHALL NO LONGER BE REFERRED TO A UNITED STATES MAGISTRATE JUDGE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/28/2012. 6/29/2012 ENTERED AND COPIES MAILED, E-MAILED(stwe, ) (Entered: 06/29/2012) 06/28/2012 07/05/2012 LOCK view (Court only) ***Set/Clear Flags Cleared Flag CASREF/ASB, TJR/ASB (stwe, ) (Entered: 07/03/2012) view63 ORDER THE THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT TODD file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 24 of 25 SHIPYARDS CORP. 47 IS GRANTED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/2/12.7/5/12 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 07/05/2012) 07/19/2012 view64 BILL OF COSTS by TODD SHIPYARDS CORPORATION. Certificate of Service.(YARON, GEORGE) Modified on 7/20/2012 (ahf, ). (Entered: 07/19/2012) 11/09/2012 view65 ORDERED THAT THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT FOSTER WHEELER LLC (DOC. NO. 45) IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/8/12.11/13/12 ENTERED AND COPIES MAILED, E-MAILED.(jaa, ) (Entered: 11/13/2012) 02/26/2013 view66 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. A WRITTEN REPORT FOR EACH CASE MUST BE EMAILED TO THE MDL 875 CLERK AT MICHELE_VENTURA@PAED.USCOURTS.GOV, AND FILED ON THE DOCKET, NO LATER THAN 3/13/13.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/26/13. 2/27/13 ENTERED AND COPIES MAILED, E-MAILED. (dp, ) (Entered: 02/27/2013) 03/13/2013 view67 STATUS REPORT re ORDER TO SHOW CAUSE DATED FEBRUARY 26, 2013 by ELIZABETH TAYLOR, JAMES TAYLOR, NINA WEST. (CHU, KIMBERLY) (Entered: 03/13/2013) 03/18/2013 view68 ORDER THAT, 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, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/15/13. 3/18/13 ENTERED AND COPIES file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013 United States District Court Eastern District of Pennsylvania Page 25 of 25 MAILED, E-MAILED. (ti, ) (Entered: 03/18/2013) 03/27/2013 03/27/2013 03/27/2013 view69 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) LOCK view (Court only) ***Motions terminated:, ***Deadlines terminated. (tjd) (Entered: 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) file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\10‐80824.htm 4/3/2013

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