In re: Welding Fume Products Liability Litigation

Filing 2112

Memorandum and Order. The Court, in its Second Case Administration Order 2107 directed ten plaintiffs to reconsider whether they wanted to voluntarily dismiss their cases, in light of the Court's direction that their participation in the Tolling Agreement was not allowed. Having received the responses, the Court now ORDERS, as set forth herein, with respect to each case. Signed by Judge Kathleen M. O'Malley on 2/13/2008. (H,CM)

In re: Welding Fume Products Liability Litigation

Doc. 2112

03cv17000zba-ord(CAO2-follow).wpd

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: WELDING FUME PRODUCTS LIABILITY LITIGATION : : : : : : : : Case No. 1:03-CV-17000 (MDL Docket No. 1535) JUDGE O'MALLEY MEMORANDUM AND ORDER

In its Second Case Administration Order (docket no. 2107, Jan. 7, 2008), the Court directed ten plaintiffs to reconsider whether they wanted to voluntarily dismiss their cases, in light of the Court's direction that their participation in the Tolling Agreement was not allowed. See id. at 7-10. Having received the plaintiffs' responses, the Court now ORDERS as follows with respect to each case: CASE
Baer v. Lincoln Elec. Co., case no. 04-CV-17178

ORDER
The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 19) is VACATED. Accordingly, this case is re-opened, and plaintiffs' notice of participation in the Tolling Agreement is of no effect. Further, the motion to withdraw as counsel (master dkt. no. 2111) is GRANTED; if appropriate, defendants may move for dismissal for want of prosecution after the date 60 days from the date of this Order. The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 10) is VACATED. Accordingly, this case is re-opened, and plaintiffs' notice of participation in the Tolling Agreement is of no effect. Further, the motion to withdraw as counsel (dkt. no. 12) is GRANTED; if appropriate, defendants may move for dismissal for want of prosecution after the date 60 days from the date of this Order. Plaintiffs' motion (dkt. no. 22) is GRANTED, and the Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 21) is VACATED. Accordingly, this case is again re-opened, and plaintiffs' notice of participation in the Tolling Agreement is of no effect. The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 14) is VACATED. Accordingly, this case is re-opened, and plaintiffs' notice of participation in the Tolling Agreement is of no effect. Further, the motion to withdraw as counsel (master dkt. no. 2111) is GRANTED; if appropriate, defendants may move for dismissal for want of prosecution after the date 60 days from the date of this Order.

Cirilo v. Lincoln Elec. Co., case no. 04-CV-18607

Dezell v. Lincoln Elec. Co., case no. 04-CV-22635

Edwards v. Lincoln Elec. Co., case no. 05-CV-17198

Dockets.Justia.com

CASE
Guess v. Lincoln Elec. Co., case no. 05-CV-18842 Hamilton v. Lincoln Elec. Co., case no. 05-CV-18677

ORDER
The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 17) is AMENDED to make clear that plaintiffs' notice of participation in the Tolling Agreement is of no effect. Plaintiffs' motion (dkt. no. 15) is GRANTED, and the Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 14) is VACATED. Accordingly, this case is re-opened, and plaintiffs' notice of participation in the Tolling Agreement is of no effect. Plaintiffs' motion (dkt. no. 18) is GRANTED, and the Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 17) is VACATED. Accordingly, this case is re-opened, and plaintiffs' notice of participation in the Tolling Agreement is of no effect. The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 17) is AMENDED to make clear that plaintiffs' notice of participation in the Tolling Agreement is of no effect. The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 14) is AMENDED to make clear that plaintiffs' notice of participation in the Tolling Agreement is of no effect. The Court's earlier Order granting plaintiffs' motion for voluntary dismissal (dkt. no. 16) is AMENDED to make clear that plaintiffs' notice of participation in the Tolling Agreement is of no effect.

Kerecman v. Lincoln Elec. Co., case no. 04-CV-18955

Ore v. Lincoln Elec. Co., case no. 04-CV-18949 Osborne v. Lincoln Elec. Co., case no. 05-CV-18679 Scoggins v. Lincoln Elec. Co., case no. 05-CV-17755

IT IS SO ORDERED. /s/ Kathleen M. O'Malley KATHLEEN McDONALD O'MALLEY UNITED STATES DISTRICT JUDGE DATED: February 13, 2008

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