Jacobs, Dianne v. Owens-Illinois Inc. et al

Filing 35

Order remanding case from MDL. Case reopened. Signed by Jeffery N. Luthi, Clerk of the Panel on 11/3/14. (Attachments: # 1 Suggestion of Remand) (rep)

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Case MDL No. 875 Document 9795 Filed 11/03/14 Page 1 of 2 UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI) MDL No. 875 (SEE ATTACHED SCHEDULE) CONDITIONAL REMAND ORDER The transferee court in this litigation has, in the actions on this conditional remand order: (1) severed all claims for punitive or exemplary damages; and (2) advised the Panel that coordinated or consolidated pretrial proceedings with respect to the remaining claims have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. §1407(a), is appropriate. IT IS THEREFORE ORDERED that all claims in the action(s) on this conditional remand order except the severed damages claims be remanded to its/their respective transferor court(s). IT IS ALSO ORDERED that, pursuant to Rule 10.2 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the transmittal of this order to the transferee clerk for filing shall be stayed 7 days from the date of this order. If any party files a notice of opposition with the Clerk of the Panel within this 7!day period, the stay will be continued until further order of the Panel. This order does not become effective until it is filed in the office of the Clerk for the United States District Court for the Eastern District of Pennsylvania. IT IS FURTHER ORDERED that, pursuant to Rule 10.4(a), the parties shall furnish the Clerk for the Eastern District of Pennsylvania with a stipulation or designation of the contents of the record to be remanded and all necessary copies of any pleadings or other matter filed so as to enable said Clerk to comply with the order of remand. FOR THE PANEL: Nov 03, 2014 _____________________ Jeffery N. Lüthi Clerk of the Panel Case MDL No. 875 Document 9795 Filed 11/03/14 Page 2 of 2 IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI) MDL No. 875 SCHEDULE FOR CRO TRANSFEREE DIST DIV. C.A.NO. PAE 2 11−67753 PAE 2 12−60004 PAE 2 13−60011 TRANSFEROR DIST DIV. C.A.NO. ALS 2 11−00444 WIE 1 11−00497 WIW 3 12−00899 PAE 2 13−60013 WIW 3 13−00250 PAE 2 13−60019 WIW 3 13−00459 CASE CAPTION KITE v. BILL VANN COMPANY, INC.10/31/14* et al Opposed SPYCHALLA v. AVCO CORPORATION et al JACOBS v. OWENS−ILLINOIS INC. et al ZICKERT v. BAYER CROP SCIENCE INC. et al HECKEL v. 3M COMPANY et al *ALS 2:11-cv-00444* The transferee court has informed the Panel that Cummins, Inc., should have been included in the list of viable defendants that appears on page 2 of the Suggestion of Remand.

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