HARDY v. A-C PRODUCT LIABILITY TRUST et al

Filing 69

ORDER THAT THE MOTIONS FOR LEAVE TO FILE REPLY BRIEFS 1039, 1089, 1099, 1101 ARE GRANTED; THE JOINT MOTION 866 ON BEHALF OF VARIOUS SHIPOWNER DEFENDANTS TO COMPEL THE PRODUCTION OF MATERIALS SUBMITTED TO BANKRUPTCY TRUSTS IS GRANTED IN PART; THE JOIN T MOTION 948 TO COMPEL THE PRODUCTION OF COAST GUARD DISCHARGE CERTIFICATES IS GRANTED IN PART, ETC.; THE JOINT MOTION 852 TO COMPEL PLAINTIFFS TO VERIFY THEIR INTERROGATORY RESPONSES AND FURTHER RESPOND TO DISCOVERY AND DEFENDANT IMO INDUSTRIES INC. 'S MOTION 800 TO COMPEL ARE GRANTED IN PART, ETC.; THE JOINT MOTION 867 TO PRECLUDE THE USE BY PLAINTIFFS OF CERTAIN MEDICAL RECORDS IS DENIED; IMO INDUSTRIES INC'S MOTION 801 FOR PROTECTIVE ORDER IS DENIED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/18/2012; (SEE 02-MD-875 PAPER NO. 1156 FOR FULL ATTACHMENTS). 4/19/2012 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO THE GROUP 1 MARDOC CASES).(uh, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: ASBESTOS PRODUCTS
LIABILITY LITIGATION (No.VI)

MDL DOCKET No. 875
(MARDOC)

CERTAIN PLAINTIFFS
CIVIL ACTION NO.
2 :02-md-87 5

VS.
CERTAIN DEFENDANTS

ORDER

And now, this 18th day of April, 2012, for the reasons set forth in the
accompanying memorandum, it is hereby ORDERED as follows:
1. The motions for leave to file reply briefs (Docs. 1039, 1089, 1099 and 1101)

are GRANTED and the reply briefs have been considered in ruling on the motions.
2. The joint motion on behalf of various shipowner defendants to compel the
production of materials submitted to bankruptcy trusts (Doc. 866) is GRANTED IN
PART. Plaintiffs shall provide all materials in their possession, whether in hard copy or
electronic form, submitted to bankruptcy trusts. Any reference to settlement or payments
amounts should be redacted. In Groups 1 and 2, the deadline for this production is May
15,2012, and in the remaining groups the deadline shall be the same as the medical
records due date set forth in paragraph 7 of the Case Management and Scheduling Orders.
3. The joint motion of various shipowner defendants to compel the production of
Coast Guard discharge certificates (Doc. 948) is GRANTED IN PART. Plaintiffs shall
produce all Coast Guard discharge certificates in their possession no later than May 15,

2012, for groups 1 and 2, and in the remaining groups the deadline shall be the same as
the medical records due date set forth in paragraph 7 of the Case Management and
Scheduling Orders.
4. Plaintiffs shall supply authorization forms as follows:
a. Plaintiffs shall execute authorizations for the release of bankruptcy trust
information in the form attached to defendants' motion, Doc. 866-10, with the exception
that the form shall be amended (1) to omit the reference to release of "proofs of
payment(s) issued to me" and (2) to direct the recipient to redact settlement or payment
amounts. These authorization forms shall be due May 31, 2012, for Groups 1 and 2, and
July 31, 2012, for the remaining groups.
b. All Coast Guard release authorizations that have not already been
provided shall be provided no later than May 31, 2012, for Groups 1 and 2, and July 31,
2012, for the remaining groups.
c. Plaintiffs shall execute and provide IRS and Social Security release
authorizations on current forms no later than May 31, 2012, for Groups 1 and 2, and July
31, 2012, for the remaining groups.
5. The joint motion of various shipowner defendants to compel plaintiffs to verify
their interrogatory responses and further respond to discovery (Doc. 852) and defendant
IMO Industries Inc.'s motion to compel (Doc. 800) are GRANTED IN PART.

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a. In Groups 1 and 2, Plaintiffs shall provide verifications to discovery no
later than May 15 and May 31, 2012, respectively. For all other Groups plaintiffs shall
provide verifications at the same time as their discovery responses.
b. Plaintiffs shall comply with paragraph 10 of the Case Management and
Scheduling Orders by providing to defendants the names of the cases, vessels and
products about which a co-worker will testify. Specifically, plaintiffs shall identify for
each defendant in each plaintiff s case a list of co-worker witnesses, and the list shall
include an averment that the witness is alive and available to provide testimony, the
names of any products the co-worker has knowledge of that were on the ships on which
he sailed, and a basic description of what the co-worker observed or what testimony he
could provide. This information shall be provided no later than June 12,2012, for
Groups 1 and 2, and consistent with the amended scheduling orders for the other Groups.
c. With respect to future fact depositions, any defendant seeking to notice
the deposition of a co-worker must provide at least 21 days notice, and plaintiffs must
then provide at least 14 days cross-notice.
6. The joint motion of various shipowner defendants to preclude the use by
plaintiffs of certain medical records (Doc. 867) is DENIED.

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7. Defendant IMO Industries Inc.'s motion for protective order (Doc. 801) is
DENIED.

BY THE COURT:

ELIZABETH T. HEY
UNITED STATES MAGISTRA E JUDGE

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