Free Order - District Court of Delaware - Delaware

Case 1:89-cv-00063-CRW Document 418 Filed 05/21/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA ‘
IN RE: ASBESTOS PRODUCTS : MULTIDISTRICT LITIGATION I
LIABILITY LITIGATION : NO. MDL 875 ,
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ADMINISTRATIVE ORDER NO. 11
Whereas Asbestos Products Liability Litigation (MDL 875) has been an active, i
ongoing multidistrict action since July 29, 1991, and m
Whereas the undersigned transferee judge has analyzed the existing Court case i
management procedures as they relate to MDL 875, and is of the view that adjustments =
of these procedures need to be made to allow a more efficient discharge of the j
transferee court’s responsibilities, it is hereby l
ORDERED that the following modifications to the existing procedures for the
processing of cases, dockets, pleadings and orders in MDL 875 cases are adopted:
1. Calendar Management. T
Effective immediately, and except as otherwise set forth herein, the management
ofthe case files and dockets for all pending MDL 875 cases (and, the files and
dockets for all future MDL 875 cases filed after the entry of this Administrative `
Order) shall be transferred tothe Transferee Court in accordance with both the ,
schedule compiled by the Clerk of the Transferee Court and the following terms:
A. Actions to be taken bythe Clerks of the Transferor Courts.
l. The Clerks of the Transferor Courts shall retain all case files for
those actions in which all claims have been completely resolved
between all parties, including bankrupt defendants, whether by
dismissal, stipulation or attrition. Unless otherwise directed, case ,
_ files and dockets of cases previously remanded to the Transferor j
Courts by the Judicial Panel on Multidistrict Litigation shall also be Q
retained by the Transferor Court. In addition, the Clerks of the l
Transferor Courts shall retain all case files and dockets for those
actions transferred to a state court or a federal district court registry
which has been previously specifically established for the
placement and tracking of asbestos personal injury cases which do
not currently meet specified criteria for advancement to trial.
ll. The remaining cases having unresolved claims against bankrupt ‘
defendants and non-bankrupt defendants shall be transferred to
the Transferee Court in the following manner: i
a. ln the interests of administrative efficiency and uniformity,
upon the entry of an Order of Transfer by the undersigned
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Case 1:89-cv-00063-CRW Document 418 Filed 05/21/2007 Page 2 of 3
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judge, a list of all cases to be transferred shall be sent by the
Clerk of the Transferee Court to the Clerk of the Transferor _
Court. The Clerk of the Transferee Court shall retrieve a j
copy of each docket sheet from the CM/ECF system from l
the Clerk of the Transferor Court for the transferred cases, c
and shall initiate a new tile in the Transferee Court. The l
Clerk of the Transferor Court shall mark the Transferor ~
Court’s file "CLOSED."
b. ln the event the Transferor Court does not maintain its MDL l
875 cases under the CM/ECF system, a paper copy of each l
docket sheet for the cases to be transferred shall be
forwarded to the Clerk of the Transferee Court.
c. New pleadings, documents and other papers received for
filing after the case has been transferred shall be forwarded
to the Clerk of the Transferee Court, and the Clerk of the
Transferor Court shall notify all counsel concerned, as well ,
A as all jg E parties, that all future pleadings are to be filed i
with the Clerk of the Transferee Court, in accordance with l
the conditions set forth in_Section 1.B.ll of this Administrative
Order, by giving notice of this Order to counsel and to any
me se rzrarty- r
III. Documents in any asbestos personal injury lawsuit involving MDL
875 filed in any one Transferor Court shall not be filed in the
Transferee Court until a Transfer Order has been entered in the
Transferee Court that states that documents in that specific
Transferor Court shall be filed in the Transferee Court.
IV. Any document in any asbestos personal injury lawsuit involving
MDL 875, over which the Transferor Court, and not the‘Transferee
Court, has jurisdiction and venue, shall not be filed in the
Transferee Court until a Transfer Order has been entered in the
Transferee Court that states that documents in that specific
Transferor Court shall be filed in the Transferee Court.
B. Actions to be taken by the Clerk of the Transferee Court.
l. The Clerk of the Transferee Court shall maintain dockets and
create case files in all actions transferred from the Transferor
Courts as soon as they are received.
ll. All documents submitted to the Clerk of the Transferee Court shall
be treated in all respects in accordance with the Transferee Court’s
Local Rules of Civil Procedure 5.1.2; 5.1.3; and, 5.1.4. All
attorneys who file documents pursuant to the Transferee Court’s
Local Rule of Civil Procedure 5.1.4 shall apply for a signature code
by completing and filing with the Clerk of the Transferee Court a

Case 1:89-cv-00063-CRW Document 418 Filed 05/21/2007 Page 3 of 3
Validation of Signature Form, a copy of which is attached hereto.
Such an attorney’s signature code shall be entered on the
signature line of the courtesy copy of the document for the purpose
of signature validation pursuant to Federal Rule of Civil Procedure
11.
III. The Clerk of the Transferee Court shall compile a schedule of all
MDL 875 cases in order to allow for the more efficient transfer of
MDL 875 cases from the Transferor Court to the Transferee Court.
IV. The Clerk of the Transferee Court shall submit to the undersigned
transferee judge a quarterly pending caseload status report specific
to the Transferee Court and each Transferor District Court.
2. Motions.
All Motions pending in MDL 875 which are neither granted nor denied as of the
date of transfer of a case from the Clerk of the Transferor Court to the Clerk of
the Transferee Court shall be deemed denied without prejudice and with all time
requirements held in abeyance from the initial date of filing. Counsel may refile
any unresolved motions for further transferee court action. Motions brought in
accordance with the procedures contained in Administrative Order #3 shall be
preceded by a telephone conference with the Court. Disputing counsel shall
attempt to resolve issues between the parties without Court assistance, and
failing resolution, through a telephone conference with the Court prior to the
filing of any disputed motion.
3. Exclusions.
The dockets and files for cases filed in the United States District Court for th
Northern District of Ohio under the designation "MARDOC—MDL875(2)" shall not
be transferred at this time under the terms of this order.
4. Conflicts.
To the extent that any conflicts exist, this Administrative Order shall take
precedence over and supercede all previous administrative orders in this
Multidistrict Litigation consolidation.
BY THE COURT: -
8/15/06 /s/ James T. Giles
DATE JAMES T. GILES, J.