RYDBERG v. A-C PRODUCT LIABILITY TRUST et al
Filing
136
ORDER THAT THE MOTION FOR SUMMARY JUDGMENT OF EXXON SHIPPING CO IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/29/15. 10/6/15 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRYAN K. RYDBERG,
Plaintiff,
v.
A-C PRODUCT LIABILITY TRUST,
et al.,
Defendants.
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CONSOLIDATED UNDER
MDL 875
E.D. Pa. Civil Action No.
2:11-cv-30966-ER
O R D E R
AND NOW, this 29th day of September, 2015, upon
consideration of the Motion for Summary Judgment (Judicial
Estoppel) of the Exxon Shipping Co. (represented by Thompson
Hine LLP) (ECF No. 96), and for the reasons set forth in the
accompanying memorandum, it is hereby ORDERED that the motion is
DENIED in part and DENIED without prejudice in part, as follows:
(1)
The motion is DENIED as to the arguments related
to judicial estoppel; and
(2)
The motion is 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 Indiana (No. 05-bk-72225BHL-7); (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;
(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)
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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
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 1 to
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This would be ninety (90) days from the date the
memorandum and order are filed on the Bankruptcy Court’s docket
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provide this Court with notice that it intends to
petition the Bankruptcy Court for the Southern
District of Indiana 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.
(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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