In Re Hanford Nuclear Reservation Litigation
Filing
3516
ORDER CORRECTING DOCKET; granting in part and denying in part 3498 Motion to Dismiss and Remove Certain Plaintiffs from Court Docket. Signed by Senior Judge Wm. Fremming Nielsen. (PL, Case Administrator)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
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IN RE HANFORD NUCLEAR
7 RESERVATION LITIGATION,
No.
2: 91-CV-3015-WFN
ORDER CORRECTING DOCKET
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Plaintiffs filed a Motion to Dismiss and Remove Certain Plaintiffs from Court
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Docket asking that the Court dismiss resolved cases and remove all dismissed Plaintiffs
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and their personal representatives from the docket. ECF No. 3498. While the Court will
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not remove names from the docket, Plaintiffs' Motion does highlight some corrections that
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need to be made. Several of the Plaintiffs listed in the Motion were properly terminated on
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the docket. The Court will address only those with errors or discrepancies below. The
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Court has reviewed the file and Motion and is fully informed. Accordingly,
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IT IS ORDERED that:
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1. Plaintiffs' to Dismiss and Remove Certain Plaintiffs from Court Docket, filed
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October 16, 2014, ECF No. 3498, is GRANTED IN PART and DENIED IN PART.
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2. STANLEY BEN GALLAWAY: In the Parties' Agreed Motion to Dismiss
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With Prejudice All Claims of Certain Plaintiffs, ECF No. 3429, the parties requested that
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the claims of Jacqueline Gallaway be dismissed with prejudice and the Court granted the
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Motion in the Order at ECF No. 3431. However, the First Amended Appendix to
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Amended Joint Consolidated Complaint, ECF No. 1360, lists, "Gallaway, Jacqueline for
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Stanley Ben Gallaway" but does not list Jacqueline Gallaway as a party. The docket shall
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be AMENDED to reflect that Jacqueline Gallaway was not a party, but that she was a
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personal representative for Stanley Ben Gallaway.
ORDER CORRECTING DOCKET - 1
Court orders and Motions that
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erroneously refer to Jacqueline Gallaway as a party shall be construed to reflect that
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Stanley Ben Gallaway is a party with the personal representative being Jacqueline
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Gallaway.
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3. DELORIS MILLER OAKES: From the docket it appears that there are two
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different Plaintiffs, Deloris Miller and Deloris Oakes. Upon review of the First Amended
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Appendix to Amended Join Consolidated Complaint, ECF No. 1360, this discrepancy is
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based on a data entry error. The name is listed as Deloris (Miller) Oakes in the First
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Amended Appendix. There is no Deloris Miller. Deloris Miller shall be STRICKEN
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from the docket as there is no such person. An a/k/a shall be added for Deloris Oakes as
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Deloris Miller Oakes. Deloris Oakes was terminated on June 4, 2013.
4. SHANNON C. RHODES:
An Amended Judgment against Ms. Rhodes was
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entered on March 7, 2006. The Ninth Circuit affirmed the Court's entry of a defense
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verdict in In Re HANFORD NUCLEAR RESERVATION LITIGATION, 534 F.3d 986
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(9th Cir. 2008). The Docket shall be AMENDED to reflect this judgment and show that
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Ms. Rhodes is a terminated party.
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5. JAMES L. RIGGS: Mr. Riggs appears to have been added as a Plaintiff in
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error. The First Amended Appendix reads, "Riggs, James L. for Gladys K. Riggs" which
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implies he was not a party, but a personal representative. Gladys Riggs was terminated on
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October 11, 2012 by Order, ECF No. 3120. However, the docket appears to list Mr. Riggs
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as a party. The docket shall be AMENDED to reflect that Mr. Riggs was not a party, but
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that he was a personal representative for Gladys Riggs.
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6. HILDA J. ROBERTS: Similarly, the First Amended Appendix reads, "Roberts,
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Hilda J. for Judith Roberts Becker" but Hilda Roberts appears to have been entered as a
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party in error rather than solely as a personal representative.
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AMENDED to reflect that Hilda J. Roberts was not a party, but that she was a personal
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representative for Judith Roberts Becker.
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7. MARY SCHULTZ:
The docket shall be
Again, the First Amended Appendix reads, "Kautz,
Laverne for Mary Schultz" but Laverne Kautz appears to have been entered as a party as
ORDER CORRECTING DOCKET - 2
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well as Mary Schultz. Plaintiffs' counsel points to ECF No. 3364 as the Order that
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dismisses Mary Schultz. However, the Order references Mary Lou Schut a/k/a Mary
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Schutz. In the current Motion, Plaintiffs also note her name should be corrected to
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"Schutz." Court staff called counsel to confirm that Mary Schultz is the same person as
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Mary Lou Schut a/k/a Mary Schutz. She is. The docket shall be AMENDED to include
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an a/k/a for Mary Lou Schut as Mary Schultz and the separate entry for Mary Schultz
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should be deleted. Additionally, Laverne Kautz should be deleted as a party, but should
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remain listed as the personal representative for the terminated Plaintiff Mary Lou Schut.
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8. DONNA K. SCHOCKEY: Ms. Shockey's name was entered incorrectly in the
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docket. The docket shall be AMENDED to read, Donna K. Shockey a/k/a Donna K.
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Schockey. The docket shall be UPDATED to include that Ms. Shockey was terminated
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by Court Order, ECF No. 2334, on August 13, 2009.
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9. STEVEN H. STANTON: The Court entered a Judgment in favor of Mr.
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Stanton on May 19, 2005, ECF No. 1958. The docket shall be UPDATED to reflect this
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disposition and show Mr. Stanton as a terminated party.
The District Court Executive is directed to file this Order and provide copies to
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counsel.
DATED this 17th day of December, 2014.
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12-17-14
s/ Wm. Fremming Nielsen
WM. FREMMING NIELSEN
SENIOR UNITED STATES DISTRICT JUDGE
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ORDER CORRECTING DOCKET - 3
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