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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 IN RE HANFORD NUCLEAR 7 RESERVATION LITIGATION, No. 2: 91-CV-3015-WFN ORDER CORRECTING DOCKET 8 9 10 11 Plaintiffs filed a Motion to Dismiss and Remove Certain Plaintiffs from Court 12 Docket asking that the Court dismiss resolved cases and remove all dismissed Plaintiffs 13 and their personal representatives from the docket. ECF No. 3498. While the Court will 14 not remove names from the docket, Plaintiffs' Motion does highlight some corrections that 15 need to be made. Several of the Plaintiffs listed in the Motion were properly terminated on 16 the docket. The Court will address only those with errors or discrepancies below. The 17 Court has reviewed the file and Motion and is fully informed. Accordingly, 18 IT IS ORDERED that: 19 1. Plaintiffs' to Dismiss and Remove Certain Plaintiffs from Court Docket, filed 20 October 16, 2014, ECF No. 3498, is GRANTED IN PART and DENIED IN PART. 21 2. STANLEY BEN GALLAWAY: In the Parties' Agreed Motion to Dismiss 22 With Prejudice All Claims of Certain Plaintiffs, ECF No. 3429, the parties requested that 23 the claims of Jacqueline Gallaway be dismissed with prejudice and the Court granted the 24 Motion in the Order at ECF No. 3431. However, the First Amended Appendix to 25 Amended Joint Consolidated Complaint, ECF No. 1360, lists, "Gallaway, Jacqueline for 26 Stanley Ben Gallaway" but does not list Jacqueline Gallaway as a party. The docket shall 27 be AMENDED to reflect that Jacqueline Gallaway was not a party, but that she was a 28 personal representative for Stanley Ben Gallaway. ORDER CORRECTING DOCKET - 1 Court orders and Motions that 1 erroneously refer to Jacqueline Gallaway as a party shall be construed to reflect that 2 Stanley Ben Gallaway is a party with the personal representative being Jacqueline 3 Gallaway. 4 3. DELORIS MILLER OAKES: From the docket it appears that there are two 5 different Plaintiffs, Deloris Miller and Deloris Oakes. Upon review of the First Amended 6 Appendix to Amended Join Consolidated Complaint, ECF No. 1360, this discrepancy is 7 based on a data entry error. The name is listed as Deloris (Miller) Oakes in the First 8 Amended Appendix. There is no Deloris Miller. Deloris Miller shall be STRICKEN 9 from the docket as there is no such person. An a/k/a shall be added for Deloris Oakes as 10 11 Deloris Miller Oakes. Deloris Oakes was terminated on June 4, 2013. 4. SHANNON C. RHODES: An Amended Judgment against Ms. Rhodes was 12 entered on March 7, 2006. The Ninth Circuit affirmed the Court's entry of a defense 13 verdict in In Re HANFORD NUCLEAR RESERVATION LITIGATION, 534 F.3d 986 14 (9th Cir. 2008). The Docket shall be AMENDED to reflect this judgment and show that 15 Ms. Rhodes is a terminated party. 16 5. JAMES L. RIGGS: Mr. Riggs appears to have been added as a Plaintiff in 17 error. The First Amended Appendix reads, "Riggs, James L. for Gladys K. Riggs" which 18 implies he was not a party, but a personal representative. Gladys Riggs was terminated on 19 October 11, 2012 by Order, ECF No. 3120. However, the docket appears to list Mr. Riggs 20 as a party. The docket shall be AMENDED to reflect that Mr. Riggs was not a party, but 21 that he was a personal representative for Gladys Riggs. 22 6. HILDA J. ROBERTS: Similarly, the First Amended Appendix reads, "Roberts, 23 Hilda J. for Judith Roberts Becker" but Hilda Roberts appears to have been entered as a 24 party in error rather than solely as a personal representative. 25 AMENDED to reflect that Hilda J. Roberts was not a party, but that she was a personal 26 representative for Judith Roberts Becker. 27 28 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 1 well as Mary Schultz. Plaintiffs' counsel points to ECF No. 3364 as the Order that 2 dismisses Mary Schultz. However, the Order references Mary Lou Schut a/k/a Mary 3 Schutz. In the current Motion, Plaintiffs also note her name should be corrected to 4 "Schutz." Court staff called counsel to confirm that Mary Schultz is the same person as 5 Mary Lou Schut a/k/a Mary Schutz. She is. The docket shall be AMENDED to include 6 an a/k/a for Mary Lou Schut as Mary Schultz and the separate entry for Mary Schultz 7 should be deleted. Additionally, Laverne Kautz should be deleted as a party, but should 8 remain listed as the personal representative for the terminated Plaintiff Mary Lou Schut. 9 8. DONNA K. SCHOCKEY: Ms. Shockey's name was entered incorrectly in the 10 docket. The docket shall be AMENDED to read, Donna K. Shockey a/k/a Donna K. 11 Schockey. The docket shall be UPDATED to include that Ms. Shockey was terminated 12 by Court Order, ECF No. 2334, on August 13, 2009. 13 9. STEVEN H. STANTON: The Court entered a Judgment in favor of Mr. 14 Stanton on May 19, 2005, ECF No. 1958. The docket shall be UPDATED to reflect this 15 disposition and show Mr. Stanton as a terminated party. The District Court Executive is directed to file this Order and provide copies to 16 17 counsel. DATED this 17th day of December, 2014. 18 19 20 21 22 12-17-14 s/ Wm. Fremming Nielsen WM. FREMMING NIELSEN SENIOR UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 ORDER CORRECTING DOCKET - 3

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