Free Appendix - District Court of Delaware - Delaware


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Date: May 26, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:04—cv—01560-JFC Document 17-9 Filed 05/26/2005 Page1 0f3 ,
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Q Case 1 :04—cv—01560-JFC Document 17-9 Filed 05/26/2005 Page 2 of 3
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E In ye; ) Chapter 11 J .
W.R. Grace & C0., Q gh, ‘ g Case No. 01-01139 (JKF) . .
I ) (J ointly Adminlsterul)
Debtors. g Related to Dk:. #2193, 2375
s ) — Related to July 22, 2002, Agenda No. 13
AMENDED ORDER A A
AND NOW, this Zi of November, 2002,
‘ WHEREAS this Court held several hearings, including one on July 22, 2002, on
the above captioned Agenda No. 13 and entered a scheduling order_which modiiied the
order Debtors’ counsel presented in the hearing binder;
WHEREAS a modified scheduling order entered at the July 22, 2002, hearing on
Agenda No. 13 was not docketed and cannot be located by the Court or the parties;
WHEREAS the Court has reviewed the transcripts concerning Agenda No.13, I b -
‘ and the proposed orders submitted by various parties; ·
V b NOW, THEREFORE, IT IS ORDERED that the scope of discovery will be .
limited to what science demonstrates with regard to whether ZAI creates an unreasonable
risk of harm. Any discovery disputes shall be handled in accordance with the Federal
Rules of Bankruptcy Procedure, the Local Rules for the Bankruptcy Court for the District A
of Delaware, the procedures of this Court and any orders entered by tl1is Court. b
It is FURTHER ORDERED that the discovery schedule is as follows: ‘
A (1) Fact discovery ends February 28, 2003; J
(2) ZAI claimants’ expert reports are due March 21, 2003;
V b USG B 0107

_ Case 1 :04—cv—01560-JFC Document 17-9 Filed 05/26/2005 I Page 3 of 3
(3) Debtors’ expert reports are due April l 1, 2003; _
(4) Depositions of ZAI claimants’ experts are to be conducted &om April 14, 2003
May 9, 2003;
(5) Depositions of Debtors’ experts are to be conducted irom May 12, 2003 to June 6, ‘
2003;
(6) Debtors shall file and ZAI claimants may tile a Rule 42 consolidation motion .
, together with related Daubert/summary judgment motions by July 7, 2003; _
A (7) Responses are due August 8, 2003; »
1 (8) Replies are due August 18, 2003. Replies are limited to 10 pages; l. -
(9) Argument will be Pittsburgh, Pennsylvania, Courtroom A, 5490 US Steel _ A
` Tower,600Grantgr?e;, ·... .. . .;,2;-:; ,
· V 2003, at 9:00 a.m. at which time the Court will address further pretrial matters. I »
IT IS FURTHER ORDERED that consideration of matters relating class A
certification is postponed until further Order. ‘
V United States ankruptcy Judge
c USG B 0108