BROOKS v. A-C PRODUCT LIABILITY TRUST et al
Filing
197
ORDER THAT THE MOTIONS FOR SUMMARY JUDGMENT OF THOMPSON HINE SHIPOWNER DEFENDANTS (DOC. NO. 123) AND NORTH AMERICAN TRAILING COMPANY (DOC. NO. 125) ARE DENIED IN PART AND DENIED WITHOUT PREJUDICE IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/15/2015. 10/20/2015 ENTERED AND COPIES MAILED TO COUNSEL, BANKRUPTCY COURT AND TRUSTEE, J. VERNEUILLE, JR., E-MAILED.(ahf)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DONALD S. BROOKS,
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Plaintiff,
v.
A-C PRODUCT LIABILITY TRUST,
et al.,
Defendants.
CONSOLIDATED UNDER
MDL 875
E.D. Pa. Civil Action No.
2:11-cv-30182-ER
O R D E R
AND NOW, this 15th day of October, 2015, upon
consideration of the Motions for Summary Judgment (Judicial
Estoppel) of Thompson Hine Shipowner Defendants’ 1 (ECF No. 123)
and North American Trailing Company (ECF No. 125), and for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that the motions are DENIED in part and DENIED without
prejudice in part, as follows:
1
These Defendants are: (1) Alcoa Steamship Company,
Inc., (2) Apex Marine Corp., (3) Westchester Marine Shipping
Company, Inc., (4) Delta Steamship Lines, Inc., (5) Liberty
Maritime Corporation, (6) Ocean Ships, Inc., (7) Ogden Champion
Transport, Inc., (8) Ogden Marine Inc./OMI Corp., (9) Ogden
Missouri Transport, Inc., (10) OMI Bulk Transport, Inc., (11)
OMI Champion Transport, Inc., (12) OMI Clover Transport, Inc.,
(13) OMI Corp., (14) Rio Grande Transport, Inc., (15) Sea-Land
Service Inc., (16) Waterman Steamship Corporation, (17) American
Maritime Crewing, (18) Bulk Transport, Inc., (19) Oriental
Exporters, Inc., and (20) Victory Carriers Inc. (ECF No. 123-1.)
(1)
The motions are DENIED as to the arguments
related to judicial estoppel; and
(2)
The motions are DENIED without prejudice as to
the arguments related to the real party in
interest/standing.
It is FURTHER ORDERED, in accordance with the
accompanying memorandum, as follows:
(1)
The Clerk of this Court shall (a) make a copy of
this order and the accompanying memorandum and
file said copy on the docket of Plaintiff’s
bankruptcy case in the Bankruptcy Court for the
Southern District of Alabama (No. 04-bk-10043WSS); (b) ascertain the identity of the trustee;
and (c) serve a copy of said order and memorandum
upon the trustee at his/her last known address;
(2)
The trustee will have sixty (60) days from the
date of the filing of the memorandum and order on
the docket of the Bankruptcy Court to provide a
signed letter to this Court (a) confirming that
he/she has petitioned the Bankruptcy Court to
reopen Plaintiff’s bankruptcy proceedings and (b)
certifying his/her intention to be substituted as
party-plaintiff in the instant case;
2
(3)
Once the trustee has petitioned the Bankruptcy
Court to reopen the bankruptcy proceedings, and
until a motion for substitution as partyplaintiff has been filed by the trustee, he/she
is to file a monthly status update with this
Court (by the last day of each month), (a)
informing the Court of the status of the petition
to reopen, and (b) certifying his/her continuing
intention to pursue the instant case;
(4)
If the bankruptcy proceedings are reopened, the
trustee will have thirty (30) days from the date
of the bankruptcy court’s order reopening those
proceedings to move in the instant case to be
substituted as party-plaintiff;
(5)
In the event that the trustee (a) fails to advise
this Court within the sixty (60) day timeframe
that he/she has petitioned the Bankruptcy Court
to reopen Plaintiff’s bankruptcy proceedings and
intends to proceed with the instant claims, (b)
declines to petition for reopening of those
proceedings, (c) fails to provide a monthly
status update after having petitioned the
Bankruptcy Court, or (d) fails to move to be
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substituted as party-plaintiff in the instant
case within thirty days of the Bankruptcy Court’s
reopening of the bankruptcy case: the Court will
give Plaintiff an additional thirty (30) days 2 to
provide this Court with notice that it intends to
petition the Bankruptcy Court for the Southern
District of Alabama to reopen the bankruptcy
proceedings and move in that court to compel
abandonment of the instant claims.
AND IT IS SO ORDERED.
_s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.
2
This would be ninety (90) days from the date the
memorandum and order are filed on the Bankruptcy Court’s docket
(for events pursuant to 5(a) or 5(b); or thirty (30) days from
the date of the pertinent failure pursuant to 5(c) or 5(d)).
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