NEY v. OWENS-ILLINOIS, INC. et al

Filing 41

ORDER THAT MOTION FOR SANCTIONS (DOC. 25) IS DENIED. THE ORDER OF THE HONORABLE ARNOLD L. NEW OF THE COURT OF COMMON PLEAS FOR PHILA. COUNTY, DATED 4/5/2016, GRANTING PLFF'S MOTION TO COMPEL FILED IN THE STATE COURT IS VACATED. ACL SHALL PRODUCE TO PLFF WITHIN 20 DAYS FROM THE DATE OF THIS ORDER, COPIES OF ALL DOCUMENTS CONCERNING THE SALE & SUPPLY OF ASBESTOS FIBERS BY ACL FOR THE YEARS 1945 TO 1953 TO THE COMPANIES AS OUTLINED HEREIN, ETC. SIGNED BY MAGISTRATE JUDGE THOMAS J. RUETER ON 12/6/16. 12/7/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

WILLIAM NEY, Individually and as
Executor of the Estate of LORETTA NEY
v.

NO. 16-2408

OWENS-ILLINOIS, INC. et al.
ORDER

AND NOW, this 6th day of December, 2016, upon consideration of plaintiffs
Motion for Sanctions against defendant Asbestos Corporation Limited ("ACL") (Doc. 25),
ACL's response thereto (Doc. 27), and after a hearing this same date and for the reasons stated in
the accompanying Memorandum of Decision, it is hereby
ORDERED
1.

The Motion for Sanctions (Doc. 25) is DENIED.

2.

The Order of the Honorable Arnold L. New of the Court of Common Pleas

for Philadelphia County, dated April 5, 2016, granting plaintiffs Motion to Compel filed in the
state court is VACATED.
3.

ACL shall produce to plaintiff within twenty (20) days from the date of

this order, copies of all documents concerning the sale and supply of asbestos fibers by ACL for
the years 1945 to 1953 to the following companies: (1) Owens-Illinois, Inc., manufacturer of
Kaylo Pipe Covering; (2) Quigley Company, Inc., manufacturer of the Insulag spray product; and
(3) Bethlehem Steel, where plaintiffs father worked as an asbestos installer.
4.

After ACL produces these documents, to the extent they exist, counsel

shall meet and confer pursuant to Loe. R. Civ. P. 26. l(f), to attempt to reach an agreement on the

remaining requests for documents set forth in plaintiffs Notice to Produce Documents and to
schedule the deposition of an ACL corporate representative regarding the produced documents.

If the parties are unable to reach an agreement on these issues, plaintiff may file a motion to
compel with this court in accordance with the rulings provided by the court in the accompanying
Memorandum of Decision.

Any party may file objections to this Order. See Loe. R. Civ. P. 72.l(IV).
Failure to file timely objections will constitute a waiver of any appellate rights. See United
Steelworkers of Am. AFL-CIO v. New Jersey Zinc Co .• Inc., 828 F.2d 1001, 1005 (3d Cir.
1987).

BY THE COURT:

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THOMAS J. RUER
United States Magistrate Judge

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