Swan et al v. Foster Wheeler LLC

Filing 13

CONDITIONAL REMAND ORDER & ORDER REOPENING CASE IN RE: ABESTOS PRODUCTS LIABILITY LITIGATION (NO.VI): MDL No.875. Signed by Jeffery N. Luthi, Clerk of the Panel on 4/11/13. (Attachments: # 1 Docket Sheet)(aaa, COURT STAFF) (Filed on 4/15/2013)

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 #: 2:11-cv-67805-ER
Internal Use Only
SWAN et al v. FOSTER WHEELER LLC
Assigned to: HONORABLE EDUARDO C.
ROBRENO
Case in other court: CA-N, 11-06150
Cause: 28:1332 Diversity-Asbestos Litigation
Plaintiff
MARY SWAN
represented by
AS WRONGFUL DEATH
HEIR, AND AS SUCCESSORIN-INTEREST TO LYLE
SWAN, DECEASED

Date Filed: 12/27/2011
Jury Demand: None
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:
[e-mail]
ATTORNEY TO BE NOTICED
DAVID R. DONADIO
BRAYTON PURCELL LLP
222 RUSH LANDING RD
POBOX 6169
NOVATO, CA 94948
Email:
[e-mail]

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ATTORNEY TO BE NOTICED
GEOFF T. SLONIKER
BRAYTON PURCELL LLP
222 RUSH LANDING RD
NOVATO, CA 94948
415-898-1555
Email:
[e-mail]
ATTORNEY TO BE NOTICED
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
LYLE SWAN, JR.

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

Plaintiff
LISA LUNA

represented by ALAN R. BRAYTON
(See above for address)
ATTORNEY TO BE NOTICED
DAVID R. DONADIO
(See above for address)

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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
Plaintiff
RYAN SWAN

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

Plaintiff
RENAE ZAZUETA
AS LEGAL HEIRS OF LYLE
SWAN, 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

file://C:\Users\santosr\AppData\Local\Temp\notes1A03DD\11‐67805.htm

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V.
Defendant
FOSTER WHEELER LLC
formerly known as
FOSTER WHEELER
CORPORATION
Date Filed

#

Docket Text

12/27/2011

view1 TRANSFER ORDER NO. 1142 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. (jelu, )
(Entered: 12/27/2011)

12/27/2011

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.
(jelu, ) (Entered: 12/27/2011)

12/27/2011

view3 NOTICE TO COUNSEL (jelu, ) (Entered: 12/27/2011)

01/06/2012

view4 ORDER THAT IN THE CASES LISTED IN EXHIBIT "A",
ATTACHED, A STATUS & SCHEDULING
CONFERENCE WILL BE HELD ON 2/7/2012 AT 2:00
P.M. IN COURTROOM 11A, ETC. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 1/5/12.
1/6/12 ENTERED AND COPIES MAILED AND EMAILED.(kw, ) (Entered: 01/06/2012)

01/12/2012

view5 STATUS REPORT AS TO PLAINTIFF MARY SWAN
(ADMINISTRATIVE ORDER NO. 12) by LISA LUNA,
LYLE SWAN, JR, MARY SWAN, RYAN SWAN, RENAE
ZAZUETA. (CHU, KIMBERLY) (Entered: 01/12/2012)

01/13/2012

view6 NOTICE of Voluntary Dismissal by All Plaintiffs As To

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DISMISSAL OF PUNITIVE DAMAGES CLAIM ONLY,
AS TO FOSTER WHEELER LLC (FKA FOSTER
WHEELER CORPORATION) ONLY(DONADIO, DAVID)
(Entered: 01/13/2012)
01/18/2012

view7 ORDER GRANTING PLFF'S REQUEST TO DISMISS
PUNITIVE DAMAGES CLAIM ONLY, FROM DEFT
FOSTER WHEELER LLC WITHOUT PREJUDICE.
SIGNED BY HONORABLE EDUARDO C. ROBRENO
ON 1/18/12. 1/19/12 ENTERED AND COPIES MAILED
AND E-MAILED.(kw, ) (Entered: 01/19/2012)

02/06/2012

view8 STATUS REPORT Regarding the court's February 7,
2012, Initial Status and Scheduling Conference by LISA
LUNA, LYLE SWAN, JR, MARY SWAN, RYAN SWAN,
RENAE ZAZUETA. (CHU, KIMBERLY) (Entered:
02/06/2012)

02/08/2012

view9 SCHEDULING ORDER THAT ALL DISCOVERY MUST
BE COMPLETED BY 6/7/2012. SUMMARY JUDGMENT
MOTIONS MUST BE FILED BY 9/24/2012. A FINAL
PRE-REMAND HEARING, INCLUDING ORAL
ARGUMENT ON ALL OPPOSED SUMMARY
JUDGMENT MOTIONS, WILL BE HELD ON 11/13/2012
AT 10:00 A.M. IN COURTROOM 15A, ETC. SIGNED
BY HONORABLE EDUARDO C. ROBRENO ON 2/7/12.
2/9/12 ENTERED AND COPIES MAILED AND EMAILED.(kw, ) (Entered: 02/09/2012)

02/09/2012 view10 AFFIDAVIT of Service by MANDY PODESTA re: served
Proof of service of summons and the Complaint with
attached Exhibit, Notice of Tag Along, Certificate of
Interested Persons, Declination of Magistrate and the
initial order of the court and other papers from the clerk
of the court for service upon defendants FOSTER
WHEELER LLC (FKA FOSTER WHEELER
CORPORATION) upon DOUG FOLEY by PERSONAL
SERVICE BY CERTIFIED MAILING on 12/19/11
(DONADIO, DAVID) (Entered: 02/09/2012)
11/06/2012 view11 ORDER THAT A FINAL PRE-REMAND HEARING,
INCLUDING ORAL ARGUMENT ON ALL OPPOSED
SUMMARY JUDGMENT MOTIONS, WILL BE HELD ON
1/28/2013 AT 10:00 A.M. IN COURTROOM 15A, ETC.
SIGNED BY HONORABLE EDUARDO C. ROBRENO

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ON 11/5/12. 11/7/12 ENTERED AND COPIES MAILED
AND E-MAILED. (kw, ) (Entered: 11/07/2012)
01/23/2013 view12 ORDER THAT A FINAL PRE-REMAND HEARING,
INCLUDING ORAL ARGUMENT ON ALL OPPOSED
SUMMARY JUDGEMENT MOTIONS, WILL BE HELD
ON 4/2/2013 AT 10:00AM IN COURTROOM 15A.SEE
ATTACHED.. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 1/22/13. 1/24/13 ENTERED AND
COPIES MAILED, E-MAILED.(dp, ) (Entered:
01/24/2013)
04/01/2013 view13 STATUS REPORT re FINAL PRE-REMAND
CONFERENCE ON APRIL 2, 2013 by LISA LUNA,
LYLE SWAN, JR, MARY SWAN, RYAN SWAN, RENAE
ZAZUETA. (SLONIKER, GEOFF) (Entered: 04/01/2013)
04/02/2013 view14 ORDER THAT THE COURT SUGGESTS THAT THE
ABOVE-CAPTIONED CASE SHOULD BE REMANDED
TO THE USDC FOR THE NORTHERN DISTRICT OF
CALIFORNIA FOR RESOLUTION OF ALL MATTERS
PENDING WITHIN THIS CASE EXCEPT PUNITIVE
DAMAGES. ADDITIONAL INFORMATION CONTAINED
HEREIN. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 4/2/2013. 4/3/2013 ENTERED AND
COPIES MAILED AND E-MAILED. (aeg, ) (Entered:
04/03/2013)
04/11/2013 view15 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 3:11-5769, 11-6150; CT-D 3:12-271, 12-384; NCE 5:10-364; NC-W 1:11-182. (See Paper # 8840 in 01md-875). (tjd) (Entered: 04/11/2013)
04/11/2013

view Certified Copy of Conditional Remand Order along with
a copy of the docket E-mailed to the Northern District of
California. (tjd) (Entered: 04/11/2013)

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