CHAVERS et al v. ALLIS-CHALMERS et al

Filing 121

CONDITIONAL REMAND ORDER - s/Jeffery N. Luthi, Clerk of the Panel on March 18, 2009 (stayed for 15 days; STAY lifted 4/3/2009, see letter at 122 ) - The transferee court in this litigation has, in the action on this conditional r emand 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 of those claims to the tr ansferor court, as provided in 28 U.S.C. § 1407(a), is appropriate. IT IS THEREFORE ORDERED that all claims in the action on this conditional remand order except the severed damages claims be remanded to their respective transferor courts. (cbj)

Mar 18, 2009
UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO.VI) (SEE ATTACHED SCHEDULE) CONDITIONAL REMAND ORDER The transferee court in this litigation has, in the action 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 of those claims to the transferor court, as provided in 28 U.S.C. §1407(a), is appropriate. IT IS THEREFORE ORDERED that all claims in the action on this conditional remand order except the severed damages claims be remanded to their respective transferor courts. IT IS ALSO ORDERED that, pursuant to Rule 7.6 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 436-38 (2001) (Rules), the transmittal of this order to the transferee clerk for filing shall be stayed 15 days from the date of this order. If any party files a notice of opposition with the Clerk of the Panel within this 15-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 7.6(g), 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 all necessary copies of any pleadings or other matter filed so as to enable said Clerk to comply with the order of remand.

MDL No. 875

FOR THE PANEL:

Apr 03, 2009

Jeffery N. Lüthi Clerk of the Panel

IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO.VI) SCHEDULE FOR CONDITIONAL REMAND ORDER --- TRANSFEREE --DIST. DIV. C.A.NO. PAE 2 PAE 2 PAE 2 09-62937 --- TRANSFEROR --DIST. DIV. C.A.NO. ARW CAN FLN 2 3 3 07-2004 07-2824 05-338

MDL No. 875

CASE CAPTION Eddie Joe Wooten, et al. v. CertainTeed Corp., et al. Helen Hutchison, et al. v. A.W. Chesterton Co., et al. Joseph T. Chavers, et al. v. Allis-Chalmers, et al.