Free Order - District Court of California - California

Case 3:07-cv-02392-W-POR

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Filed 03/06/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNION CARBIDE CORPORATION, a corporation; FOSTER WHEELER ENERGY CORPORATION, a corporation formerly known as Foster Wheeler Corporation; GARLOCK, INC., a corporation; OWENS ILLINOIS, INC., a corporation; RAPID AMERICAN CORPORATION, a corporation; DOES 1 THROUGH 150, inclusive, Defendants. The Court held a telephonic Settlement Conference in this matter, with attorneys only, on March 4, 2008, in lieu of the in-person Settlement Conference. Frederick Schenk appeared on behalf of Plaintiffs; Gregory Rosse appeared on behalf of Defendant Foster Wheeler Energy Corporation. Three remaining defendants - Garlock, Inc.; Owens Illinois, Inc.; and Rapid American Corp. - were not present. Counsel for Defendant, Gregory Rosse, shall provide notice of this Court's Order to the non-appearing parties. The Court received a copy of a Conditional Transfer Order which was filed by the United States Judicial Panel on Multi-District Litigation on February 26, 2008. All counsel confirm that such an order immediately transfers jurisdiction from the District Court for the Southern District of California, to the assigned Multi-District Court. Although Plaintiff's counsel represents -1UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RODNEY C. BALL, individually and as Special Administrator of the Estate of Alfred C. Ball; REGINALD K. BALL, an individual, Plaintiffs, Civil No. 07-cv-2392-W (POR)

ORDER VACATING SETTLEMENT CONFERENCE AND OTHER DATES

07cv2392

Case 3:07-cv-02392-W-POR

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Filed 03/06/2008

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that Plaintiff may oppose transfer of this case to the Eastern District of Pennsylvania, Plaintiff's counsel concedes that at this time this Court no longer has jurisdiction. Accordingly, IT IS HEREBY ORDERED: 1. The Settlement Conference scheduled to be held on March 4, 2008 at 2:30 p.m. shall be VACATED. 2. The remaining deadlines set forth in the Court's February 8, 2008 Order Following Early Neutral Evaluation Conference, scheduling Rule 26 compliance dates, shall be VACATED. 3. The parties are directed to contact the chambers of the Honorable Thomas J. Whelan to vacate any dates currently scheduled before him. IT IS SO ORDERED. DATED: March 5, 2008

LOUISA S PORTER United States Magistrate Judge cc: The Honorable Thomas J. Whelan All parties

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07cv2392