HADSOCK v. A-C PRODUCT LIABILITY TRUST et al

Filing 195

ORDER THAT THE THOMPSON HINE SHIPOWNER DEFENDANTS MOTION FOR SUMMARY JUDGMENT (JUDICIAL ESTOPPEL) (ECF NO. 110 ), 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: THE MOTION IS DENIED AS TO THE ARGUMENTS RELATED TO JUDICIAL ESTOPPEL (WITH RESPECT TO ALL CLAIMS); WITH RESPECT TO PLAINTIFFS NON-MALIGNANCY CLAIMS, THE MOTION IS DENIED WITHOUT PREJUDICE AS TO THE ARGUMENTS RELATED TO THE REAL PARTY IN INTEREST/STANDING; AND WITH RESPECT TO PLAINTIFFS MALIGNANCY CLAIMS, THE MOTION IS DENIED AS TO THE ARGUMENTS RELATED TO THE REAL PARTY IN INTEREST/STANDING. IT IS FURTHER ORDERED, IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM, AS FOLLOWS: 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 MR. HADSOCKS BANKRUPTCY CASE IN THE BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA (NO. 3:94-BK-04403-GL P); (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; THE TRUSTEE WILL HAVE SIXTY (60) DAYS FROM THE DATE OF THE FILING OF THE MEMORANDUM AND ORDER ON THE DOCK ET OF THE BANKRUPTCY COURT TO PROVIDE A SIGNED LETTER TO THIS COURT (A) CONFIRMING THAT HE/SHE HAS PETITIONED THE BANKRUPTCY COURT TO REOPEN MR. HADSOCKS BANKRUPTCY PROCEEDINGS AND (B) CERTIFYING HIS/HER INTENTION TO BE SUBSTITUTED AS PARTY-PLAINTIFF IN THE INSTANT CASE (SUBSTITUTING ONLY AS TO THE NON-MALIGNANCY CLAIMS, WITH MR. HADSOCK CONTINUING AS THE NAMED PLAINTIFF WITH RESPECT TO THE MALIGNANCY CLAIMS); ONCE THE TRUSTEE HAS PETITIONED THE BANKRUPTCY COURT TO REOPEN THE BANKRUPTCY PROCEED INGS, AND UNTIL A MOTION FOR SUBSTITUTION AS PARTY-PLAINTIFF (SUBSTITUTING ONLY FOR THE NON-MALIGNANCY CLAIMS) 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 NON-MALIGNANCY CLAIMS IN THE INSTANT CASE; IF THE BANKRUPTCY PROCEEDINGS ARE REOPENED, THE TRUSTEE WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE BANKRUPTCY COURTS ORDER REOPENING THOSE PROCEEDINGS TO MOVE IN THE INSTANT CASE TO BE SUBSTITUTED AS PARTY-PLAINTIFF (SUBSTITUTING ONLY FOR NON-MALIGNANCY CLAIMS); AND IN THE EVENT THAT THE TRUSTEE (A) FAILS TO ADVISE THIS COURT WITHIN THE S IXTY (60) DAY TIMEFRAME THAT HE/SHE HAS PETITIONED THE BANKRUPTCY COURT TO REOPEN MR. HADSOCKS BANKRUPTCY PROCEEDINGS AND INTENDS TO PROCEED WITH THE NON-MALIGNANCY CLAIMS, (B) DECLINES TO PETITION FOR REOPENING OF THOSE PROCEEDINGS, (C) FAILS TO PRO VIDE 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 (SUBSTITUTING ONLY FOR THE NON-MALIGNANCY CLAIMS) WITHIN THIRTY DAYS OF THE BANKRUPTCY COURTS REO PENING OF THE BANKRUPTCY CASE: THE COURT WILL GIVE PLAINTIFF AN ADDITIONAL THIRTY (30) DAYS2 TO PROVIDE THIS COURT WITH NOTICE THAT IT INTENDS TO (1) PURSUE ONLY THE MALIGNANCY CLAIMS, OR (2) 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 NON-MALIGNANCY CLAIMS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/18/15. 10/6/15 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PARNELL HADSOCK,
Plaintiff,

v.

AMERADA HESS CORP.,
ET AL.,
Defendants.

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CONSOLIDATED UNDER
MDL 875

E.D. PA CIVIL ACTION NO.
2:11-33182-ER

O R D E R

AND NOW, this 28th day of September, 2015, upon
consideration of the Thompson Hine Shipowner Defendants’ 1 Motion
for Summary Judgment (Judicial Estoppel) (ECF No. 110), 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 (with respect to all
claims);

1

These Defendants are: (1) Amerada Hess Corporation;
(2) American Trading Transportation Company, Inc., (3)
Canterbury Shipping Corporation, (4) Central Gulf Lines
Steamship, (5) Chas. Kurz & Co., Inc., (6) Hess Tankship
Company, (7) Keystone Shipping Co., (8) Margate Shipping
Company, (9) Marine Navigation Company, (10) Marine Transport
Lines, Inc., and (11) Trinidad Corporation.

(2)

With respect to Plaintiff’s non-malignancy
claims, the motion is DENIED without prejudice as
to the arguments related to the real party in
interest/standing; and

(3)

With respect to Plaintiff’s malignancy claims,
the motion is DENIED 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 Mr. Hadsock’s
bankruptcy case in the Bankruptcy Court for the
Middle District of Florida (No. 3:94-bk-04403GLP); (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
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he/she has petitioned the Bankruptcy Court to
reopen Mr. Hadsock’s bankruptcy proceedings and
(b) certifying his/her intention to be
substituted as party-plaintiff in the instant
case (substituting only as to the non-malignancy
claims, with Mr. Hadsock continuing as the named
Plaintiff with respect to the malignancy claims);

(3)

Once the trustee has petitioned the Bankruptcy
Court to reopen the bankruptcy proceedings, and
until a motion for substitution as partyplaintiff (substituting only for the nonmalignancy claims) 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 non-malignancy claims in
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
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substituted as party-plaintiff (substituting only
for non-malignancy claims); and

(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 Mr. Hadsock’s bankruptcy proceedings
and intends to proceed with the non-malignancy
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 (substituting only for the non-malignancy
claims) 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 (1) pursue only the malignancy
claims, or (2) petition the Bankruptcy Court for
the Middle District of Florida to reopen the

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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bankruptcy proceedings and move in that court to
compel abandonment of the non-malignancy claims.

AND IT IS SO ORDERED.

s/ Eduardo C. Robreno .
EDUARDO C. ROBRENO,
J.

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