ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI)

Filing 119

MEMORANDUM AND/OR OPINION ORDER RE: SUBPOENA SERVED UPON DR. RICHARD TANNEN AS OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 7/8/2010. 7/8/2010 ENTERED AND COPIES MAILED, E-MAILED.(tomg, )

ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI)

Doc. 119

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: ASBESTOS PRODUCTS : LIABILITY LITIGATION (No. VI) : __________________________________________X This Document Relates To: : : (See Exhibit A - attached case list) : __________________________________________X CIVIL ACTION NO. MDL 875

MISC. ACTION No. 09-MC-103 (Oil Rig Cases)

ORDER RE: SUBPOENA SERVED UPON DR. RICHARD TANNEN AND NOW, this 8th day of July 2010, it is HEREBY ORDERED that Plaintiffs' "Motion to Quash Subpoenas or, Alternatively, for Protective Order" ("Motion") (Doc. 12), filed on July 1, 2009, as it pertains to the subpoena issued by this Court in MDL-875 and served upon Dr. Richard Tannen ("Dr. Tannen") on June 6, 2009, is DENIED in part and GRANTED in part as follows: (1) Dr. Tannen shall PRODUCE to Defendant Union Carbide Corporation ("Defendant") all documents and materials called for within Paragraphs 1-5, 7, 9, 12, and 15,1 but only as to specific activity undertaken by him or his staff with respect to those individuals who are remaining Plaintiffs in 09-MC-103; (2) With respect to Paragraph 8, the Motion is GRANTED subject to Dr. Tannen providing to Defendant any information and/or materials that would identify with reasonable particularity the type or model of the medical equipment used by him or his staff to screen or test any of the remaining Plaintiffs in 09-MC-103 within twenty-one (21) calendar days of the entry of this order; (3) With respect to Paragraphs 14 and 18, the Motion is GRANTED subject to Dr. Tannen submitting to Defendant an affirmative representation under oath that he was in fact properly

All Paragraph references refer to the "Materials to be Produced" section of the subpoena.

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certified and/or licensed to have conducted the testing performed on those individuals who are remaining Plaintiffs in 09-MC-103, if any such testing was performed. If he is unable to provide a representation to this effect, he shall produce to Defendant any and all information relating to denials, notices of violations, revocations, rescissions, or suspensions of his certifications and/or licensing at the time when the testing in question was undertaken. The affirmative representation, or alternatively, the production of responsive information shall be provided to Defendant within twenty-one (21) calendar days of the entry of this order; (4) The materials and documents to be produced are to be produced to Defendant within twenty-one (21) calendar days of the entry of this order.

BY THE COURT:

/s/ David R. Strawbridge DAVID R. STRAWBRIDGE UNITED STATES MAGISTRATE JUDGE

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ATTACHED LIST OF CASES
Last Name Brady Broom Bullock Crawford Curd Daniels Daughdrill Dearman Dixon Emler Faust Herring (dec'd) Livingston Lord, Sr. McPhail Mounteer, Sr. Newsom Newsom Piner Polk Polk Rawls Smith (dec'd) Thomas Wallace First Name Clinton L. Harvey E. Deloice Joseph Patrick Willie Lee Dan Mack Rolland George D. Louie T. Johnny W. Henry A. Daniel Archie A. Ralph T. Eliel K. Joseph Lonnie Ted L. Brandon Kaye Dale F. Ray C. Cleophus Tony N. Terry Mississippi State Dist Court Number 2006-407-CV11 2006-519-CV11 2006-520-CV11 2006-394-CV11 2006-525-CV11 2006-409-CV11 2006-526-CV11 2006-410-CV11 2006-374-CV11 2006-464-CV11 2006-90-CV3 2006-468-CV11 2006-94-CV3 16-0056 2006-345-CV9 2006-555-V11 16-0018 2006-414-CV11 2006-415-CV11 2006-206-CV3 2006-85-CV3 2006-417-CV11 2006-75 2006-573-CV11 2006-491-CV11 EDPA Docket No. 5:08-cv-87071 5:08-cv-87069 5:08-cv-87072 5:08-cv-87080 5:08-cv-87083 5:08-cv-87068 5:08-cv-87081 5:08-cv-87070 5:08-cv-87077 5:08-cv-87084 5:08-cv-85894 5:08-cv-87079 5:08-cv-85987 5:08-cv-87030 5:08-cv-87048 5:08-cv-87073 5:08-cv-87076 5:08-cv-87031 5:08-cv-87078 5:08-cv-85986 5:08-cv-85985 5:08-cv-87075 5:08-cv-87032 5:08-cv-87082 5:08-cv-87074