(SEE ATTACHED SCHEDULE)
CONDITIONAL REMAND ORDER
EDUARDO C. ROBRENO, District Judge.
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.
SCHEDULE FOR CRO
TRANSFEREE TRANSFEROR
DIST DIV. C.A.NO. DIST DIV. C.A.NO. CASE CAPTION
PAE 2 11-67753 ALS 2 11-00444 KITE v. BILL VANN COMPANY, INC. et al*
Opposed 10/31/14
PAE 2 12-60004 WIE 1 11-00497 SPYCHALLA v. AVCO CORPORATION et al
PAE 2 13-60011 WIW 3 12 00899 JACOBS v. OWENS-ILLINOIS INC. et al
PAE 2 13-60013 WIW 3 13-00250 ZICKERT v. BAYER CROP SCIENCE INC. et
al
PAE 2 13-60019 WIW 3 13-00459 HECKEL v. 3M COMPANY et al
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FILED
IN RE: ASBESTOS PRODUCTS Consolidated Under
LIABILITY LITIGATION (No. VI) MDL DOCKET NO. 875
SPYCHALLA Transferred from the Eastern
District of Wisconsin
v. Case No. 11-00497
VARIOUS DEFENDANTS E.D. Pa No. 12-60004
SUGGESTION OF REMAND
AND NOW, this 20th day of October, 2014, it is hereby ORDERED that, upon review of the above captioned case under MDL-875 Administrative Order No. 18, No. 01-875 (E.D. Pa. April 30, 2009), ECF No. 6197, the Court finds that, as to the above-captioned case:
a.) Plaintiff has complied with MDL-875 Administrative Orders 12 and 12A (see the MDL 875 website's Administrative Orders page, at http://www.paed.uscourts.cov/md1875d.asp).
b.) Parties have completed their obligations under the Rule 16 order issued by the Court (see ECF No. 41).
c.) All discovery has been completed.
d.) The Court has adjudicated all outstanding motions, including dispositive motions. Particularly relevant rulings include:
i. The motion for summary judgment of Defendant Boeing Aerospace Operations, Inc. was denied with leave to refile in the transferor court (ECF No. 335).
ii. The motion for summary judgment of Defendant Cessna Aircraft Company was denied with leave to refile in the transferor court (ECF No. 342).
e.) Rule 18 settlement discussions have been exhausted at this time as to the remaining viable defendants.
f.) The Court finds that this case is prepared for trial without delay once on the transferor court's docket, subject to any trial-related motions in limine (including Daubert challenges).
g.) According to Plaintiff, the remaining viable defendants for trial are:
i. Boeing Aerospace Operations Inc.
ii. Cessna Aircraft Company
iii. General Electric Company
iv. Medicare
h.) Any demand for punitive damages is severed, and claims for punitive or exemplary damages are retained by the MDL-875 Court. See Fed. R. Civ. P. 42(b).
Accordingly, the Court SUGGESTS that the above-captioned case should be REMANDED to the United States District Court for the Eastern District of Wisconsin for resolution of all matters pending within this case except punitive damages.1
Alternatively, parties have seven (7) days within which to consent to a trial before an Article III or Magistrate Judge in the Eastern District of Pennsylvania. In such an event, if consent is granted, a trial will be scheduled within sixty (60) days, on a date convenient to the parties in Philadelphia, Pennsylvania, and the Suggestion of Remand will be vacated.
AND IT IS SO ORDERED.
SUGGESTION OF REMAND MEMORANDUM Updated April 7, 2014
To: Transferor Judge
From: Judge Eduardo C. Robreno, Presiding Judicial Officer, MDL 875
Re: Asbestos case that has been transferred to your court
Status of the case that has been transferred from the Eastern District of Pennsylvania
This case has been transferred back to the transferor court, from the MDL 875 Court in the Eastern District of Pennsylvania.
Cases that are remanded to transferor courts are ordinarily ready for trial, pursuant to this Court's Administrative Order No. 18 (see http://www.paed.uscourts.gov/md1875d.asp).
Specific information regarding the history of a specific case while it was in the MDL 875 Court can be found in the Suggestion of Remand (above) that the MDL Court submitted to the Judicial Panel on Multidistrict Litigation in connection with its Order.
History of MDL 875, In re: Asbestos Products Liability Litigation
MDL 875, In re: Asbestos Products Liability Litigation, involves issues relating to personal injury damages caused by asbestos products. It currently consists of about 3,000 cases transferred by the Judicial Panel on Multidistrict Litigation, which has been transferring cases to the Eastern District of Pennsylvania since 1991. Each case typically consists of claims by multiple plaintiffs against multiple defendants. Since its inception, the litigation has involved more than 100,000 cases and up to ten million claims, including land-based and maritime claims ("MARDOC").
Beginning with Administrative Order No. 12 (see http://www.paed.uscourts.gov/md1875d.asp) in 2008, the Court initiated an aggressive, pro-active policy to facilitate the processing of cases. The policy involves giving newly transferred cases scheduling orders; setting cases for settlement conferences; having motion hearings; and remanding trial-ready cases to transferor courts, or, in the alternative, holding trials in the Eastern District of Pennsylvania (if so requested by the parties).
Resources available for transferor courts on the MDL 875 website
More information about the history of MDL 875 can be found on the Eastern District of Pennsylvania's MDL 875 website at http://www.paed.uscourts.gov/md1875a.asp. Additionally, all Administrative Orders issued in this litigation (including current Orders and those no longer in effect) can be found at http://vvww.paed.uscourts.gov/md1875d.asp.
Also on the website is an Excel spreadsheet of all decisions issued by the Presiding Officer on substantive and procedural matters since 2008 (see http://www.paed.uscourts.gov/md1875n.asp). This spreadsheet is updated regularly, and it can be sorted by jurisdiction, case caption, subject matter, party name, etc. It is also word searchable. The MDL-875 Court intends this spreadsheet to be a helpful resource for transferor courts addressing issues similar to those already addressed by the MDL-875 Court.
Other options available to assist the Transferor Court with legal research include searchable databases created by LexisNexis and Westlaw. Directions on how to access these databases can be found on http://www.paed.uscourts.gov/md1875n.asp.
Contact information for the MDL 875 Court
The MDL 875 Court is ready, willing and able to assist the transferor court with any matters relating to the transfer of the case or any substantive or procedural issues that may arise.
You may contact the Presiding Judicial Officer (Judge_Eduardo_Robreno@paed.uscourts.gov), the MDL 875 law clerk (Christopher_Lucca@paed.uscourts.gov or (267) 299-7422), or the Clerk's Office ((267) 299-7012)) for further assistance.
Intercircuit Assignment Committee
The Intercircuit Assignment Committee of the Judicial Conference, under the leadership of Judge Royce C. Lamberth of the District of Columbia, can assist in the identification and assignment of a senior judge from another District who is ready, willing and able to preside over the trial of this case. If appropriate, please contact Judge Lamberth at Royce C. Lamberth@dcd.uscourts.gov or (202) 354-3380.
Special Master
The Court has designated Professor Francis McGovern to act as special master for remand purposes to assist the trial and/or transferor court in any manner deemed appropriate by those courts to insure the smooth and consistent remand of cases from MDL 875. If appropriate, please contact Professor McGovern at McGovern@law.duke.edu.
Additional information pertaining to MDL 875
The Presiding Judicial Officer has written an extensive article on the history and current status of MDL 875 which may be helpful to the transferor judge. See Hon. Eduardo C. Robreno, The Federal Asbestos Product Liability Multidistrict Litigation (MDL 875): Black Hole or New Paradigm, 23 Widener L.J. 97 (2014). The article can be found on Westlaw, or a PDF copy of the article can be provided by contacting the MDL 875 law clerk.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: ASBESTOS PRODUCTS Consolidated Under
LIABILITY LITIGATION (No. VI) MDL DOCKET NO. 875
VARIOUS PLAINTIFFS Transferred from the Western
District of Wisconsin
v.
Certain "CVLO" cases listed
VARIOUS DEFENDANTS in Exhibit "A," attached
SUGGESTION OF REMAND
AND NOW, this 20th day of October, 2014, it is hereby ORDERED that, Plaintiffs' motions for a suggestion of remand, listed in Exhibit "A," attached, are GRANTED.1
Accordingly, the Court SUGGESTS that the cases listed in Exhibit "A," attached, should be REMANDED to the United States District Court for the Western District of Wisconsin for resolution of all matters pending.2
AND IT IS SO ORDERED.
Exhibit A
E.D. Pa. Case No. W.D. Wisc. Case No. Case Name ECF Mtn No.
13-60011 12-00899 Jacobs 110
13-60013 13-00250 Zickert 79
13-60019 13-00459 Heckel 91
SUGGESTION OF REMAND MEMORANDUM Updated April 7, 2014
To: Transferor Judge
From: Judge Eduardo C. Robreno, Presiding Judicial Officer, MDL 875
Re: Asbestos case that has been transferred to your court
Status of the case that has been transferred from the Eastern District of Pennsylvania
This case has been transferred back to the transferor court, from the MDL 875 Court in the Eastern District of Pennsylvania.
Cases that are remanded to transferor courts are ordinarily ready for trial, pursuant to this Court's Administrative Order No. 18 (see http://www.paed.uscourts.gov/mdl875d.asp).
Specific information regarding the history of a specific case while it was in the MDL 875 Court can be found in the Suggestion of Remand (above) that the MDL Court submitted to the Judicial Panel on Multidistrict Litigation in connection with its Order.
History of MDL 875, In re: Asbestos Products Liability Litigation
MDL 875, In re: Asbestos Products Liability Litigation, involves issues relating to personal injury damages caused by asbestos products. It currently consists of about 3,000 cases transferred by the Judicial Panel on Multidistrict Litigation, which has been transferring cases to the Eastern District of Pennsylvania since 1991. Each case typically consists of claims by multiple plaintiffs against multiple defendants. Since its inception, the litigation has involved more than 100,000 cases and up to ten million claims, including land-based and maritime claims ("MARDOC").
Beginning with Administrative Order No. 12 (see http://www.paed.uscourts.gov/mdl875d.asp) in 2008, the Court initiated an aggressive, pro-active policy to facilitate the processing of cases. The policy involves giving newly transferred cases scheduling orders; setting cases for settlement conferences; having motion hearings; and remanding trial-ready cases to transferor courts, or, in the alternative, holding trials in the Eastern District of Pennsylvania (if so requested by the parties).
Resources available for transferor courts on the MDL 875 website
More information about the history of MDL 875 can be found on the Eastern District of Pennsylvania's MDL 875 website at http://www.paed.uscourts.gov/mdl875a.asp. Additionally, all Administrative Orders issued in this litigation (including current Orders and those no longer in effect) can be found at http://www.paed.uscourts.gov/mdl875d.asp.
Also on the website is an Excel spreadsheet of all decisions issued by the Presiding Officer on substantive and procedural matters since 2008 (see http://www.paed.uscourts.gov/mdl875n.asp). This spreadsheet is updated regularly, and it can be sorted by jurisdiction, case caption, subject matter, party name, etc. It is also word searchable. The MDL-875 Court intends this spreadsheet to be a helpful resource for transferor courts addressing issues similar to those already addressed by the MDL-875 Court.
Other options available to assist the Transferor Court with legal research include searchable databases created by LexisNexis and Westlaw. Directions on how to access these databases can be found on http://www.paed.uscourts.gov/mdl875n.asp.
Contact information for the MDL 875 Court
The MDL 875 Court is ready, willing and able to assist the transferor court with any matters relating to the transfer of the case or any substantive or procedural issues that may arise.
You may contact the Presiding Judicial Officer (Judge_Eduardo_Robreno@paed.uscourts.gov), the MDL 875 law clerk (Christopher_Lucca@paed.uscourts.gov or (267) 299-7422), or the Clerk's Office ((267) 299-7012)) for further assistance.
Intercircuit Assignment Committee
The Intercircuit Assignment Committee of the Judicial Conference, under the leadership of Judge Royce C. Lamberth of the District of Columbia, can assist in the identification and assignment of a senior judge from another District who is ready, willing and able to preside over the trial of this case. If appropriate, please contact Judge Lamberth at Royce C. Lamberth@dcd.uscourts.gov or (202) 354-3380.
Special Master
The Court has designated Professor Francis McGovern to act as special master for remand purposes to assist the trial and/or transferor court in any manner deemed appropriate by those courts to insure the smooth and consistent remand of cases from MDL 875. If appropriate, please contact Professor McGovern at McGovern@law.duke.edu.
Additional information pertaining to MDL 875
The Presiding Judicial Officer has written an extensive article on the history and current status of MDL 875 which may be helpful to the transferor judge. See Hon. Eduardo C. Robreno, The Federal Asbestos Product Liability Multidistrict Litigation (MDL 875): Black Hole or New Paradigm?, 23 Widener L.J. 97 (2014). The article can be found on Westlaw, or a PDF copy of the article can be provided by contacting the MDL 875 law clerk.
