Forstner v. A.P.I., Inc., et al

Filing 114

ORDER Setting Trials by Chief Judge Ralph R. Erickson. Objections to trial consolidation and order should be simultaneously filed no later than 9/13/2012. (NJR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Roger Daub; Richard Denzel; Russell T.
Forstner, son and representative of Stanley
J Forstner; Boyd Gilchrist; Robert Glasser;
Bonnie M. Pittman, daughter and
representative of Alvin Johnson; Martin
Ketterling; Karla Stenberg, daughter and
representative of Ben Klein; Donald Loeb,
son and representative of Teanus Loeb;
Walter Popke; and Gale Welch, daughter
and representative of Frank Willson;
Plaintiffs,
vs.
Owens-Illinois, Inc., and S.O.S. Products,
Defendants.

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ORDER SETTING TRIALS
Case Nos.:

1:89-cv-103
1:89-cv-104
1:89-cv-105
1:89-cv-106
1:89-cv-107
1:89-cv-111
1:89-cv-113
1:89-cv-115
1:89-cv-120
1:89-cv-126
1:89-cv-127

A status conference was held on August 22, 2012, during which the parties apprised the
Court of the state of settlement negotiations and the prospects for trial. During the conference,
counsel for all parties involved expressed to the Court their preference as to how trials should be
consolidated, if at all, in these matters. After considering the parties’ input, the Court has concluded
that the most appropriate trial schedule is as follows, and hereby ORDERS under Fed. R. Civ. P.
42:
- Plaintiffs Richard Denzel and Boyd Gilchrist shall be joined for a jury trial against
defendants Owens-Illinois, Inc. and S.O.S. Products, which will begin at 9:30 a.m.
on October 2, 2012 in Fargo, North Dakota;
- Following the conclusion of that trial, plaintiffs (or their representatives) Roger
Daub, Stanley J Forstner, Alvin Johnson, and Ben Klein shall be joined for trial
against defendant Owens, Illinois, Inc.;
- Following that trial, plaintiffs (or their representatives) Robert Glasser, Martin
Ketterling, Donald Loeb, Walter Popke, and Frank Willson shall be joined for trial
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against defendant S.O.S. Products.;
If the parties have any objections to this grouping and order of trials, simultaneous briefs
should be submitted to the Court no later than September 13, 2012.
IT IS SO ORDERED.
Dated this 29th day of August, 2012.
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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