| Case ID: | 080801843 | |
| Case Caption: | FERGUSON VS ASBESTOS CORP LTD ETAL | |
| Filing Date: | Friday , August 15th, 2008 | |
| Court: | MT - MASS TORT | |
| Location: | CH - CITY HALL | |
| Jury: | J - JURY | |
| Case Type: | T1 - MASS TORT - ASBESTOS | |
| Status: | WSPTJ - SETTLED PRIOR TO ASSGN TRL JUD |
| Seq # | Assoc | Expn Date | Type | ID | Name |
|---|---|---|---|---|---|
| 1 | ATTORNEY FOR PLAINTIFF | A21174 | BROWN, LAURENCE H | ||
| Address: | 30 S. 15TH ST., 17TH FL.
GRAHAM BUILDING PHILADELPHIA PA 19102 (000)569-4000 (215)569-2222 - FAX | Aliases: | none | ||
| 2 | 1 | EXECUTRIX - PLAINTIFF | @6098596 | FERGUSON, BARBARA | |
| Address: | 822 REYBOLD DR
NEW CASTLE DE 19720 | Aliases: | none | ||
| 3 | 10 | 20-JAN-2012 | DEFENDANT | @6098598 | ASBESTOS CORPORATION LTD |
| Address: | 840 OUELLET BLVD WEST
THETFORD MINES QUEBEC G6G7A5 | Aliases: | none | ||
| 4 | DEFENDANT | @6098599 | GARFIELD MOLDING COMPANY INC | ||
| Address: | 1-10 MIDLAND AVE
WALLINGTON NJ 07057 | Aliases: | none | ||
| 5 | DEFENDANT | I22 | GARLOCK INC | ||
| Address: | 1666 DIVISION STREET
PALMYRA NY 10020 | Aliases: | none | ||
| 6 | DEFENDANT | I260 | MELRATH GASKET HOLDING COMPANY INC | ||
| Address: | 30TH ST. & HUNTING PARK AVE.
PHILADELPHIA PA 19132 | Aliases: |
TNTN LIQUIDATING COMPANY
TNT LIQUIDATING COMPANY TNT LIQUIDATING COMPANY TNT LIQUIDATING CO. | ||
| 7 | DEFENDANT | @6098600 | OWENS ILLINOIS INC | ||
| Address: | AN OHIO CORP
ONE MICHAEL OWENS WAY PERRYSBURG OH 43551 | Aliases: | none | ||
| 8 | 9 | DEFENDANT | I311 | PELTZ ROWLEY CHEMICAL COMPANY | |
| Address: | 5700 TACONY ST
SHANESVILLE PA 19512 | Aliases: |
PELTZ-ROWLEY CO.
GEORGE A. ROWLEY & CO., INC. | ||
| 9 | ATTORNEY FOR DEFENDANT | A23193 | BRUCH JR., G DANIEL | ||
| Address: | SWARTZ CAMPBELL LLC
TWO COMMERCE SQUARE 2001 MARKET STREET, SUITE 2815 PHILADELPHIA PA 19103 (215)299-4312 (215)299-4301 - FAX | Aliases: | none | ||
| 10 | ATTORNEY FOR DEFENDANT | A27799 | GOLDFEIN, FREDRIC L | ||
| Address: | GOLDFEIN & JOSEPH P.C.
1880 JFK BLVD.,20TH FLR PHILADELPHIA PA 19103 (215)979-8210 (215)979-8201 - FAX | Aliases: | none | ||
| 11 | 01-JUL-2009 | ATTORNEY FOR DEFENDANT | A20446 | PINSLY, MITCHELL S | |
| Address: | MARGOLIS EDELSTEIN
THE CURTIS CENTER, STE. 400E 170 S. INDEPENDENCE MALL WEST PHILADELPHIA PA 19106 (215)922-1100 (215)922-1772 - FAX | Aliases: | none | ||
| 12 | 01-JUL-2009 | ATTORNEY FOR DEFENDANT | A54165 | DEZII, DAWN | |
| Address: | MARGOLIS EDELSTEIN
CURTIS CENTER, STE. 400 170 S. INDEPENDENCE MALL WEST PHILADELPHIA PA 19106 (215)922-1100 (215)922-1772 - FAX | Aliases: | none | ||
| 13 | ATTORNEY FOR DEFENDANT | A20446 | PINSLY, MITCHELL S | ||
| Address: | MARGOLIS EDELSTEIN
THE CURTIS CENTER, STE. 400E 170 S. INDEPENDENCE MALL WEST PHILADELPHIA PA 19106 (215)922-1100 (215)922-1772 - FAX | Aliases: | none | ||
| 14 | ATTORNEY FOR DEFENDANT | A48617 | GOLUP, JANET E | ||
| Address: | 1880 JFK BOULEVARD
20TH FLOOR PHILADELPHIA PA 19103 (215)979-8224 (215)979-8201 - FAX | Aliases: | none | ||
| 15 | JUDGE | J286 | MOSS, SANDRA M | ||
| Address: | 392 CITY HALL
PHILADELPHIA PA 19107 (215)686-7910 | Aliases: | none | ||
| 16 | TEAM LEADER | J357 | NEW, ARNOLD L | ||
| Address: | 606 CITY HALL
PHILADELPHIA PA 19107 (215)686-7260 | Aliases: | none | ||
| Filing Date/Time | Docket Type | Filing Party | Disposition Amount |
|---|---|---|---|
|
15-AUG-2008
12:16 PM | ACTIV - ACTIVE CASE | ||
| Docket Entry: | none. | ||
|
15-AUG-2008
04:19 PM | CMOIS - CASE MANAGEMENT ORDER ISSUED | BROWN, LAURENCE H | |
| Docket Entry: | IN RE: ASBESTOS LITIGATION-OCTOBER TERM 1986, NO. 0001 MASTER CASE MANAGEMENT ORDER FOR ASBESTOS-RELATED PERSONAL INJURY CLAIMS - It is the goal of this Court to secure the just, expeditious and cost-effective determination of each personal injury case involving exposure to asbestos or asbestos-containing products pending or hereafter filed in the Court of Common Pleas of Philadelphia County to eliminate duplication of effort, prevent unnecessary paperwork and promote judicial economy. In order to achieve these objectives, this 12th day of June, 2006, the Court enters the following Case Management Order for personal injury cases involving exposure to asbestos or asbestos-containing products. This Case Management Order supersedes all prior Case Management Orders entered in the Asbestos Litigation and shall apply to all cases currently pending and hereafter filed in this Court. I. PLEADINGS - Short Form Complaints; A Short Form Complaint shall be filed and served in every case in accordance with the Pennsylvania Rules of Civil Procedure. Plaintiffs may incorporate by reference the Master Long Form Complaints filed on the above-captioned docket. The Short Form Complaint shall contain the information required by Philadelphia Civil Rule 1019.1(B), to the extent consistent with the Pennsylvania Rules of Civil Procedure. A Short Form Complaint that contains premises liability claims shall include the name and address of each work site which the plaintiff alleges exposure to asbestos and the dates during which the plaintiff or the decedent worked at each such work site. Preliminary Objections in response to each Short Form Complaint, the defendant may file preliminary objections, if deemed appropriate, in accordance with the Pennsylvania Rules of Civil Procedure and Philadelphia Civil Rule 1028. The preliminary objections shall be in the form of a pleading. The Motion to Determine Preliminary Objections shall be filed in letter brief format rather than motion package format. Its caption must specify "Asbestos Litigation" and name opposing counsel. Facts, issues and pertinent case law should be included. Each motion must include a proposed order and self-addressed, stamped envelope. Answers to Complaints - Defendant's answers to complaints are governed by Rule 1041.1 of the Pennsylvania Rules of Civil Procedure. II. GIFFEAR DOCKET Cases that do not state a valid claim pursuant to Giffear v. Johns-Manville Corp., 632 A.2d 880 (Pa.Super. 1993), aff'd sub nom. Simmons v. Pacor, Inc., 674 A.2d 232 (Pa.1996), shall be placed on an inactive docket. To reactivate a case which has been discontinued pursuant to Giffear, a Motion to Reactivate must be filed and include all necessary medical reports supporting said motion. The motion shall be filed in letter brief format consistent with the Mass Tort Motion procedures. III. DISCOVERY The following deadlines shall apply for the completion of discovery and the exchange of expert reports:180 Days prior to jury selection Plaintiffs shall serve answers to Defendants' Master Interrogatories and Requests for Production Directed to Plaintiffs. Plaintiffs shall forward the identification of all health care providers along with addresses to defense counsel and RecordTrak. Plaintiffs shall forward HIPAA compliant authorizations signed by plaintiffs to RecordTrak. 120 days prior to jury selection Plaintiffs shall serve medical, economic and liability expert reports. Plaintiffs shall produce to lead defense counsel all diagnostic materials in the possession of plaintiffs or their counsel and all diagnostic material reviewed by plaintiffs' experts. This includes, but is not limited to, xrays, CT scans, pathology and cytology. Plaintiffs shall serve product identification witness lists identifying the defendants the witnesses are expected to identify. 90 days prior to jury selection Completion of plaintiffs' depositions. 60 days prior to jury selection-- Completion of all co-worker depositions. 45 days prior to jury selection Defendants shall serve medical and economic expert reports. 20 days prior to jury selectionDefendants shall serve expert liability reports. IV. STIPULATIONS OF DISMISSAL 1. If a plaintiff has agreed to stipulate to the dismissal of a defendant, the defendant (hereinafter the "Stipulated Defendant") shall prepare a Stipulation of Dismissal. 2.The Stipulated Defendant shall circulate the Stipulation of Dismissal to all defense counsel by letter, stating that any party has ten (10) days from the date of the letter to object to the dismissal of the Stipulated Defendant. 3. If a party objects to the dismissal of the Stipulated Defendant, the objecting party shall notify the Stipulated Defendant in writing of the basis for the objection. 4. If, after the expiration of the ten (10) day period, no objections are received by the Stipulated Defendant, the Stipulation of Dismissal may be submitted to the Court as unopposed. 5.The package submitted to the Court shall include the original, signed Stipulation of Dismissal, a cover letter stating no objections have been raised within the ten (10) day period, and a self-addressed, stamped envelope for return of a copy of the Court-approved Stipulation of Dismissal. The entire package shall be addressed to the Coordinating Judge of the Mass Tort Program and shall be submitted to Room 622 City Hall. 6. Service of the Court-approved Stipulation of Dismissal shall be made on all parties by the movant immediately upon receipt of same. V. MOTION PRACTICE AND PROCEDURE All summary judgment motions shall be filed in accordance with the Revised Asbestos Summary Judgment Motion Procedures, a copy of which is attached hereto. All other motions, including motions for forum non conveniens, motions to amend complaints, motions to compel, motions to enforce settlements, etc., shall be filed in accordance with the Revised Mass Tort Motion Procedures, a copy of which is attached hereto. VI. TRIAL SCHEDULING the dates for all scheduled trials will be published each Monday in The Legal Intelligencer. VII. DEADLINES FOR CASES THAT MOVE TO NEW TRIAL GROUPS If any case is moved, with the consent of the Court, from its original trial group to a later trial group, all discovery and motions deadlines for the later group will apply. Any contested summary judgment motions filed prior to moving the case will be considered moot and must be re-filed in accordance with the deadlines for the group to which the case has been moved, except for cases moved to the following calendar month. Any contested motions for cases moved to the following calendar month need not be re-filed. Those motions shall be maintained in Motions Court and then forwarded to the Coordinating Judge for decision in accordance with the deadlines for the new group. All uncontested motions shall be forwarded immediately to the Coordinating Judge for decision. VIII. CALL OF THE LIST A brief call of the asbestos list will be conducted every Monday at 9:30 a.m. The Court will conduct general asbestos business and call those cases listed for trial for the following month. Knowledgeable representatives of each party involved in the next month's scheduled trials shall attend. IX. SANCTIONS failure to comply with any deadlines set forth in the Case Management Order may result in the imposition of appropriate sanctions, including dismissal. BY THE COURT: ALLAN L. TERESHKO, COORDINATING JUDGE COMPLEX LITIGATION CENTER | ||
|
15-AUG-2008
04:19 PM | CLWMT - WAITING FOR LISTING MASS TORT | BROWN, LAURENCE H | |
| Docket Entry: | none. | ||
|
15-AUG-2008
04:24 PM | CIVIJ - COMMENCEMENT CIVIL ACTION JURY | BROWN, LAURENCE H | |
| Docket Entry: | none. | ||
|
15-AUG-2008
04:24 PM | JURYT - JURY TRIAL PERFECTED | BROWN, LAURENCE H | |
| Docket Entry: | none. | ||
|
15-AUG-2008
04:24 PM | CMPLT - COMPLAINT FILED NOTICE GIVEN | BROWN, LAURENCE H | |
| Docket Entry: | COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. | ||
|
15-AUG-2008
04:24 PM | SSCG6 - SHERIFF'S SURCHARGE 6 DEFTS | BROWN, LAURENCE H | |
| Docket Entry: | none. | ||
|
15-AUG-2008
04:24 PM | CLWMT - WAITING FOR LISTING MASS TORT | BROWN, LAURENCE H | |
| Docket Entry: | none. | ||
|
20-AUG-2008
12:01 AM | CLNGV - NOTICE GIVEN | ||
| Docket Entry: | none. | ||
|
28-AUG-2008
02:20 PM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | OF COMPLAINT BY PERSONAL SERVICE UPON MELRATH GASKETS, INC. ON AUGUST 25, 2008. | ||
|
18-SEP-2008
10:43 AM | ENAPP - ENTRY OF APPEARANCE | BRUCH JR., G DANIEL | |
| Docket Entry: | ENTRY OF APPEARANCE OF G. DANIEL BRUCH FILED. (FILED ON BEHALF OF PELTZ ROWLEY CHEMICAL CO) | ||
|
18-SEP-2008
11:52 AM | ENAJD - ENTRY OF APPEAR/JURY DEMAND | PINSLY, MITCHELL S | |
| Docket Entry: | ENTRY OF APPEARANCE OF MITCHELL S. PINSLY, ESQ. AND DAWN DEZII, ESQ. FILED ON BEHALF OF DFT. MELRATH GASKET, INC. A SHORT FORM ANSWER WITH ALL AFFIRMATIVE DEFENSES IN ACCORDANCE WITH 1041.1 FILED BY DEFENDANT, MELRATH GASKET, INC. | ||
|
18-SEP-2008
11:58 AM | ENAJD - ENTRY OF APPEAR/JURY DEMAND | GOLDFEIN, FREDRIC L | |
| Docket Entry: | ENTRY OF APPEARANCE OF FREDERIC L. GOLDFEIN FILED ON BEHALF OF DFT ASBESTOS CORP LTD. A SHORT FORM ANSWER WITH ALL AFFIRMATIVE DEFENSES IN ACCORDANCE WITH 1041.1 FILED BY DEFENDANT(S) | ||
|
29-OCT-2008
03:30 PM | ANCOM - ANSWER TO COMPLAINT FILED | GOLDFEIN, FREDRIC L | |
| Docket Entry: | ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER 2252(D) FILED BY DEFENDANT ASBESTOS CORP LTD. | ||
|
01-JUL-2009
12:09 PM | WTAPO - WITHDRAWAL OF APPEARANCE | PINSLY, MITCHELL S | |
| Docket Entry: | WITHDRAWAL OF APPEARANCE OF MITCHELL S. PINSLY FILED. (FILED ON BEHALF OF MELRATH GASKET HOLDING CO INC) | ||
|
24-JUL-2009
02:55 PM | CLLTR - LISTED FOR TRIAL | ||
| Docket Entry: | none. | ||
|
27-JUL-2010
04:36 PM | CLWMT - WAITING FOR LISTING MASS TORT | ||
| Docket Entry: | none. | ||
|
18-JAN-2012
12:46 PM | STPLR - STIPULATION FILED | GOLUP, JANET E | |
| Docket Entry: | 66-12012566 STIPULATION TO DISMISS DEFENDANT ASBESTOS CORPORATION LIMITED FILED. AWAITING JUDICIAL APPROVAL (FILED ON BEHALF OF ASBESTOS CORPORATION LTD) | ||
|
19-JAN-2012
04:08 PM | STASN - STIPULATION ASSIGNED | ||
| Docket Entry: | 66-12012566 STIPULATION FILED ASSIGNED TO JUDGE: MOSS, SANDRA M. ON DATE: JANUARY 19, 2012 | ||
|
20-JAN-2012
03:54 PM | STPAP - STIPULATION APPROVED | MOSS, SANDRA M | |
| Docket Entry: | 66-12012566 IT IS HEREBY STIPULATED BETWEEN UNDERSIGNED COUNSEL THAT THE ABOVEM ATTER SHALL BE DISMISSED, WITH PREJUDICE, AS TO DEFENDANT ASBESTOS CORPORATION LIMITED ONLY. APPROVED AND SO ORDERED THIS 20TH DAY OF JANUARY, 2012. BY AGREEMENT JUDGE SANDRA M. MOSS | ||
|
20-JAN-2012
03:54 PM | ZR236 - NOTICE GIVEN UNDER RULE 236 | ||
| Docket Entry: | NOTICE GIVEN ON 25-JAN-2012 OF STIPULATION APPROVED ENTERED ON 20-JAN-2012. | ||
|
20-JAN-2015
02:58 PM | CLLTR - LISTED FOR TRIAL | ||
| Docket Entry: | none. | ||
|
29-DEC-2015
02:38 PM | WSPTJ - SETTLED PRIOR TO ASSGN TRL JUD | NEW, ARNOLD L | |
| Docket Entry: | CASE SETTLED AS TO ALL NON BANKRUPT PARTIES EXCEPT THE MANVILLE FUND WITHOUT PREJUDICE. CASE DISMISSED AGAINST MANVILLE FUND WITHOUT PREJUDICE TO BE REOPENED AS AN ARBITRATION MATTER. BY THE COURT ...NEW,J 12/29/15 | ||
|
29-DEC-2015
02:38 PM | ZR236 - NOTICE GIVEN UNDER RULE 236 | ||
| Docket Entry: | NOTICE GIVEN ON 29-DEC-2015 OF SETTLED PRIOR TO ASSGN TRL JUD ENTERED ON 29-DEC-2015. | ||