OSWALD et al v. A-C PRODUCT LIABILITY TRUST et al
Filing
141
ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED IN PART AND GRANTED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/15/2015. 10/20/2015 ENTERED AND COPIES MAILED AND E-MAILED. COPIES MAILED TO BANKRUPTCY COURT AND TRUSTEE.(sg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CREIGHTON E. MILLER,
:
(Administrator for Estate of :
Steve Oswald)
:
:
Plaintiff,
:
:
:
v.
:
:
:
A-C PRODUCT LIABILITY TRUST, :
et al.,
:
:
Defendants.
:
CONSOLIDATED UNDER
MDL 875
E.D. Pa. Civil Action No.
2:11-cv-33109-ER
O R D E R
AND NOW, this 19th day of October, 2015, upon
consideration of Defendants’ 1 Motion for Summary Judgment
(Judicial Estoppel) (ECF No. 79), 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 motions are DENIED as to the arguments
related to judicial estoppel; and
(2)
1
The motions are DENIED without prejudice as to
These Defendants are: (1) Central Gulf Lines
Steamship; (2) Central Gulf Lines, Inc.; (3) United Fruit
Company; (4) American Export Isbrandtsen Lines, Inc.; (5)
American Export Lines, Inc.; (6) American South African Lines,
Inc.; (7) Farrell Lines Incorporated; (8) Keystone Shipping Co.;
(9) Keystone Tankship Corporation; (10) Marine Transport Lines,
Inc.; and (11) James River Transport Inc. (ECF No. 79-1.)
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
Middle District of Florida (No. 8:96-bk-03917ALP); (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 either be
substituted as party-plaintiff in the instant
case or to serve notice in the bankruptcy action
of his/her abandonment of the asbestos claims;
(3)
Once the trustee has petitioned the Bankruptcy
2
Court to reopen the bankruptcy proceedings, and
until a motion for substitution as partyplaintiff has been filed by the trustee or,
alternatively, notice of abandonment has been
served in the bankruptcy action, 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 or abandon the
asbestos claims;
(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 or, alternatively,
to serve notice of abandonment of those claims in
the bankruptcy action;
(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 or
3
abandon them, (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 or serve notice of abandonment
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 Middle
District of Florida 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)).
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?