| Case ID: | 230303075 | |
| Case Caption: | LEE VS AVANTOR PERFORMANCE MATERIALS, LLC ETAL | |
| Filing Date: | Tuesday , March 28th, 2023 | |
| Court: | MT - MASS TORT | |
| Location: | CH - CITY HALL | |
| Jury: | J - JURY | |
| Case Type: | T1 - MASS TORT - ASBESTOS | |
| Status: | PRDSC - PRAECIPE TO DISCONTINUE |
| Seq # | Assoc | Expn Date | Type | ID | Name |
|---|---|---|---|---|---|
| 1 | ATTORNEY FOR PLAINTIFF | A42867 | SHEIN ESQ, BENJAMIN P | ||
| Address: | 121 S. BROAD ST., 21ST FLOOR
PHILADELPHIA PA 19107 (215)735-6677 (215)732-3630 - FAX | Aliases: | none | ||
| 2 | 1 | PLAINTIFF | @11604812 | LEE, MICHAELEEN P | |
| Address: | 315 BELAIR RD.
SOUTHAMPTON PA 18966 | Aliases: | none | ||
| 3 | DEFENDANT | @11604813 | SPX CORPORATION | ||
| Address: | C/O LYNETTE JONES
1330 BALLANTYNE CORPORATE PLAC CHARLOTTE NC 28277 | Aliases: |
IND. AND AS SII TO LINDBERG FURNACE CO. AND AS
SII TO BLUE M | ||
| 4 | 15 | DEFENDANT | @11604814 | THOMAS SCIENTIFIC | |
| Address: | 1654 HIGH HILL RD.
SWEDESBORO NJ 08085 | Aliases: | IND.. AND AS SUCC. TO AND/OR F/K/A ARTHUR H. THOMAS CO. | ||
| 5 | 21 | DEFENDANT | @11604815 | VWR INTERNATIONAL LLC | |
| Address: | C/O CORPORATION SERVICE CO.
2595 INTERSTATE DR., SUITE 103 HARRISBURG PA 17110 | Aliases: |
IND.. AND AS SUCC.TO AND//OR F/K//A VAN WATERS & ROGERS,
INC., VWR SCIENTIFIC PRODUCTS CORP., VWR CORP. | ||
| 6 | DEFENDANT | @11604816 | WHATMAN LTD | ||
| Address: | C/O GE HEALTHCARE LIFE SCIENCE
800 CENTENNIAL AVE. PISCATAWAY NJ 08854 | Aliases: | none | ||
| 7 | 17 | DEFENDANT | @11604817 | AVANTOR PERFORMANCE MATERIALS LLC | |
| Address: | C/O CORPORATION SERVICE CO.
2595 INTERSTATE DR., SUITE 103 HARRISBURG PA 17110 | Aliases: | IND. AND AS SUCC. TO AND/OR PARENT OF J.T. BAKER CO. | ||
| 8 | 23 | DEFENDANT | @11604818 | BAXTER HEALTHCARE CORPORATION | |
| Address: | C/O CT CORPORATION SYSTEMS
600 N. 2ND ST., SUITE 401 HARRISBURG PA 17101 | Aliases: | IND. AND AS SII TO AMERICAN SCIENTIFIC | ||
| 9 | DEFENDANT | @11604819 | BURRELL SCIENTIFIC - SCIENTIFIC INSTRUMENTS & LABORATORY SUP | ||
| Address: | 2223 FIFTH AVE.
PITTSBURGH PA 15219 | Aliases: | none | ||
| 10 | 19 | DEFENDANT | @11604820 | FISHER SCIENTIFIC COMPANY LLC | |
| Address: | 300 INDUSTRY DR.
PITTSBURGH PA 15275 | Aliases: | none | ||
| 11 | 15 | DEFENDANT | @11604821 | LABCONCO CORPORATION | |
| Address: | 8811 PROSPECT AVE.
KANSAS CITY MO 64132 | Aliases: | none | ||
| 12 | 19 | DEFENDANT | @11604822 | LIFE TECHNOLOGIES CORPORATION | |
| Address: | C/O CAPITOL CORPORATE SERVICES
125 LOCUST ST. HARRISBURG PA 178101 | Aliases: |
IND. AND APPLIED BIOSYSTEMS, LLC A WHOLLY OWNED
SUBSIDIARY OF LIFE TECHNOLOGIES, AND AS SUCC. TO PERKIN-ELMER CORP. | ||
| 13 | DEFENDANT | @11604823 | SARGENT WELCH | ||
| Address: | 1310 GOSHEN PKWY.
WEST CHESTER PA 19380 | Aliases: |
IND. AND AS SUCC. TO AND/OR F/K/A SARGENT WELCH
SCIENTIFIC CO., BY MERGER OF E.H. SARGENT CO. AND WELCH SCIENTIFIC CO. | ||
| 14 | 20 | DEFENDANT | @11604824 | SIGMA-ALDRICH CORPORATION | |
| Address: | C/O CORPORATION SERVICE CO.
2595 INTERSTATE DR., SUITE 103 HARRISBURG PA 17110 | Aliases: | none | ||
| 15 | ATTORNEY FOR DEFENDANT | A27350 | RYAN JR JR, DANIEL J | ||
| Address: | MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN 2000 MARKET ST., SUITE 2300 PHILADELPHIA PA 19103 (215)575-2600 (215)575-8056 - FAX | Aliases: | none | ||
| 16 | TEAM LEADER | J541 | FLETMAN, ABBE F | ||
| Address: | 606 CITY HALL
PHILADELPHIA PA 19107 | Aliases: | none | ||
| 17 | ATTORNEY FOR DEFENDANT | A207073 | BAILEY, MEGAN K | ||
| Address: | THREE LOGAN SQUARE
1717 ARCH ST SUITE 610 PHILADELPHIA PA 19103 (215)717-4031 (215)693-6650 - FAX | Aliases: | none | ||
| 18 | 17 | ATTORNEY FOR DEFENDANT | A65796 | MILLS IV, WILLIAM C | |
| Address: | GORDON REES
ONE COMMERCE SQUARE 2005 MARKET STREET, SUITE 2900 PHILADELPHIA PA 19103 (215)717-4032 (215)963-6650 - FAX | Aliases: | none | ||
| 19 | ATTORNEY FOR DEFENDANT | A41584 | BLOCK, MICHAEL J | ||
| Address: | WILBRAHAM, LAWLER & BUBA
1600 MARKET STREET SUITE 2000 PHILADELPHIA PA 19103 (215)972-2850 (215)564-4385 - FAX | Aliases: | none | ||
| 20 | ATTORNEY FOR DEFENDANT | A86440 | SILVER, MARK K | ||
| Address: | SCHENCK PRICE SMITH & KING LLP
220 PARK AVENUE BOX 991 FLORHAM PARK NJ 07932 (973)798-4950 (973)540-7300 - FAX | Aliases: | none | ||
| 21 | ATTORNEY FOR DEFENDANT | A86685 | VALINIS, SUSAN M | ||
| Address: | REILLY MCDEVITT & HENRICH
ONE S PENN SQ SUITE 410 PHILADELPHIA PA 19107 (215)972-5200 (215)972-0405 - FAX | Aliases: | none | ||
| 22 | 21 | ATTORNEY FOR DEFENDANT | A313713 | REILLY, MOLLY C | |
| Address: | REILLY MCDEVITT
THE WIDENER BUILDING 1 S PENN SQ SUITE 410 PHILADELPHIA PA 19107 (215)972-5200 (215)972-0405 - FAX | Aliases: | none | ||
| 23 | ATTORNEY FOR DEFENDANT | A65687 | CAGNOLI JR., JOSEPH | ||
| Address: | GOLDBERG SEGALLA
1700 MARKET STREET SUITE 1418 PHILADELPHIA PA 19103 (267)519-6800 (267)519-6801 - FAX | Aliases: | none | ||
| Filing Date/Time | Docket Type | Filing Party | Disposition Amount |
|---|---|---|---|
|
28-MAR-2023
12:41 PM | ACTIV - ACTIVE CASE | ||
| Docket Entry: | E-Filing Number: 2303062992 | ||
|
28-MAR-2023
12:41 PM | CIVIJ - COMMENCEMENT CIVIL ACTION JURY | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | none. | ||
|
28-MAR-2023
12:41 PM | CMPLC - COMPLAINT FILED NOTICE GIVEN | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. | ||
|
28-MAR-2023
12:41 PM | JURYT - JURY TRIAL PERFECTED | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | 8 JURORS REQUESTED. | ||
|
28-MAR-2023
12:41 PM | CLWMT - WAITING FOR LISTING MASS TORT | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | none. | ||
|
28-MAR-2023
12:41 PM | CMOIS - CASE MANAGEMENT ORDER ISSUED | SHEIN ESQ, BENJAMIN P | |
| 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 1st day of December, 2010, 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 A. 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 in which the plaintiff alleges exposure to asbestos and the dates during which the plaintiff or the decedent worked at each such work site. B. 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 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. C. 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, including information relating to Bankruptcy Trust Filings. 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, x-rays, CT scans, pathology and cytology. Plaintiffs shall serve product identification witness lists identifying the defendants the witnesses are expected to identify. 100 days prior to jury selection-- Completion of plaintiffs' depositions. 90 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. 10 days prior to jury selection--Defendants 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 electronically filed with the Court as unopposed. 5. The package electronically filed with the Court shall include the signed Stipulation of Dismissal and a cover letter stating no objections have been raised within the ten (10) day period. 6. Service of the Court-approved Stipulation of Dismissal shall be effectuated via the Court's electronic filing system on all parties of record. 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. In addition, to prevent the filing of unnecessary motions, five (5) days prior to the deadline for filing summary judgment motions (or 85 days prior to jury selection) Plaintiffs' counsel are to serve upon all parties to a case, a 'Dismissal Letter' indicating all defendants which Plaintiff will voluntarily dismiss from that case. 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 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 where the motion deadline for the new group has already passed at the time the case is moved. For those cases, motions will remain open and need not be re-filed. Those motions remaining open shall be decided by the Coordinating Judge in accordance with the deadlines for the new group. VIII. CALL OF THE LIST A brief call of the asbestos list will be conducted every Monday at 11:00 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. A meeting of the Asbestos Kitchen Cabinet will be conducted on the first Monday of each month, following the call of the list. 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: ABBE F. FLETMAN, J., TEAM LEADER, COMPLEX LITIGATION CENTER | ||
|
30-MAR-2023
12:30 AM | CLNGV - NOTICE GIVEN | ||
| Docket Entry: | OF MASTER CASE MANAGEMENT ORDER ISSUED. | ||
|
06-APR-2023
11:09 AM | ENAPP - ENTRY OF APPEARANCE | RYAN JR JR, DANIEL J | |
| Docket Entry: | ENTRY OF APPEARANCE OF DANIEL J RYAN JR FILED. (FILED ON BEHALF OF LABCONCO CORPORATION) | ||
|
10-APR-2023
08:54 AM | ENAPP - ENTRY OF APPEARANCE | RYAN JR JR, DANIEL J | |
| Docket Entry: | ENTRY OF APPEARANCE OF DANIEL J RYAN JR FILED. (FILED ON BEHALF OF THOMAS SCIENTIFIC) | ||
|
12-APR-2023
10:04 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF CIVIL ACTION COMPLAINT-ASBESTOS,MASTER CASE MANAGEMENT ORDER FORM,CIVIL COVER SHEET UPON AVANTOR PERFORMANCE MATERIALS LLC BY SHERIFF SERVICE DAUPHIN ON 04/05/2023 FILED. | ||
|
12-APR-2023
10:06 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF CIVIL ACTION COMPLAINT-ASBESTOS,MASTER CASE MANAGEMENT ORDER FORM,CIVIL COVER SHEET UPON BAXTER HEALTHCARE CORPORATION BY SHERIFF SERVICE DAUPHIN ON 04/04/2023 FILED. | ||
|
12-APR-2023
10:09 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF CIVIL ACTION COMPLAINT-ASBESTOS,MASTER CASE MANAGEMENT ORDER FORM,CIVIL COVER SHEET UPON LIFE TECHNOLOGIES CORPORATION BY SHERIFF SERVICE DAUPHIN ON 04/04/2023 FILED. | ||
|
12-APR-2023
10:12 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF CIVIL ACTION COMPLAINT-ASBESTOS,MASTER CASE MANAGEMENT ORDER FORM,CIVIL COVER SHEET UPON SIGMA-ALDRICH CORPORATION BY SHERIFF SERVICE DAUPHIN ON 04/05/2023 FILED. | ||
|
12-APR-2023
10:14 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF CIVIL ACTION COMPLAINT-ASBESTOS,MASTER CASE MANAGEMENT ORDER FORM,CIVIL COVER SHEET UPON VWR INTERNATIONAL LLC BY SHERIFF SERVICE DAUPHIN ON 04/05/2023 FILED. | ||
|
14-APR-2023
12:37 PM | ATSNF - ATTEMPTED SERVICE - NOT FOUND | ||
| Docket Entry: | BURRELL SCIENTIFIC - SCIENTIFIC INSTRUMENTS & LABORATORY SUP NOT FOUND ON 04/06/2023. | ||
|
17-APR-2023
09:15 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF CIVIL ACTION COMPLAINT-ASBESTOS,MASTER CASE MANAGEMENT ORDER FORM,CIVIL COVER SHEET UPON FISHER SCIENTIFIC COMPANY LLC BY SHERIFF SERVICE ALLEGHENY ON 04/06/2023 FILED. | ||
|
21-APR-2023
08:55 AM | ENAPP - ENTRY OF APPEARANCE | BAILEY, MEGAN K | |
| Docket Entry: | ENTRY OF APPEARANCE OF WILLIAM C MILLS AND MEGAN K BAILEY FILED. (FILED ON BEHALF OF AVANTOR PERFORMANCE MATERIALS LLC) | ||
|
21-APR-2023
08:55 AM | JURYT - JURY TRIAL PERFECTED | BAILEY, MEGAN K | |
| Docket Entry: | 12 JURORS REQUESTED. | ||
|
21-APR-2023
04:25 PM | ENAPP - ENTRY OF APPEARANCE | BLOCK, MICHAEL J | |
| Docket Entry: | ENTRY OF APPEARANCE OF MICHAEL J BLOCK FILED. (FILED ON BEHALF OF FISHER SCIENTIFIC COMPANY LLC) | ||
|
21-APR-2023
04:32 PM | ENAPP - ENTRY OF APPEARANCE | BLOCK, MICHAEL J | |
| Docket Entry: | ENTRY OF APPEARANCE OF MICHAEL J BLOCK FILED. (FILED ON BEHALF OF LIFE TECHNOLOGIES CORPORATION) | ||
|
26-APR-2023
04:58 PM | ANSFA - SHORT FORM ANSWER FILED | SILVER, MARK K | |
| Docket Entry: | SHORT FORM ANSWER WITH ALL AFFIRMATIVE DEFENSES IN ACCORDANCE WITH 1041.1 FILED. (FILED ON BEHALF OF SIGMA-ALDRICH CORPORATION) ENTRY OF APPEARANCE FILED ON BEHALF OF SIGMA-ALDRICH CORPORATION. | ||
|
26-APR-2023
04:58 PM | JURYT - JURY TRIAL PERFECTED | SILVER, MARK K | |
| Docket Entry: | 8 JURORS REQUESTED. | ||
|
01-MAY-2023
12:17 PM | CMREI - PRAECIPE TO REINSTATE CMPLT | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. (FILED ON BEHALF OF MICHAELEEN P LEE) | ||
|
01-MAY-2023
12:44 PM | ENAPP - ENTRY OF APPEARANCE | VALINIS, SUSAN M | |
| Docket Entry: | ENTRY OF APPEARANCE OF SUSAN M VALINIS AND MOLLY C REILLY FILED. (FILED ON BEHALF OF VWR INTERNATIONAL LLC) | ||
|
02-MAY-2023
10:14 AM | ATSNF - ATTEMPTED SERVICE - NOT FOUND | ||
| Docket Entry: | SARGENT WELCH NOT FOUND ON 04/17/2023. | ||
|
12-MAY-2023
08:39 AM | ENAPP - ENTRY OF APPEARANCE | CAGNOLI JR., JOSEPH | |
| Docket Entry: | ENTRY OF APPEARANCE OF JOSEPH CAGNOLI FILED. (FILED ON BEHALF OF BAXTER HEALTHCARE CORPORATION) | ||
|
12-MAY-2023
08:39 AM | JURYT - JURY TRIAL PERFECTED | CAGNOLI JR., JOSEPH | |
| Docket Entry: | 12 JURORS REQUESTED. | ||
|
23-MAY-2023
08:16 AM | AFDVT - AFFIDAVIT OF SERVICE FILED | ||
| Docket Entry: | AFFIDAVIT OF SERVICE OF PRAECIPE TO REINSTATE AND REINSTATED CIVIL ACTION COMPLAINT,CASE MANAGEMENT ORDER UPON SPX CORPORATION BY SHERIFF SERVICE DAUPHIN ON 05/16/2023 FILED. | ||
|
24-MAY-2023
01:13 PM | CMREI - PRAECIPE TO REINSTATE CMPLT | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. (FILED ON BEHALF OF MICHAELEEN P LEE) | ||
|
06-JUN-2023
09:58 AM | ATSNF - ATTEMPTED SERVICE - NOT FOUND | ||
| Docket Entry: | BURRELL SCIENTIFIC - SCIENTIFIC INSTRUMENTS & LABORATORY SUP NOT FOUND ON 05/31/2023. | ||
|
06-SEP-2023
09:02 AM | PRDSC - PRAECIPE TO DISCONTINUE | SHEIN ESQ, BENJAMIN P | |
| Docket Entry: | ORDER TO DISCONTINUE WITHOUT PREJUDICE FILED. (FILED ON BEHALF OF MICHAELEEN P LEE) | ||