-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
1/21
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR THE STATE OF DELAWARE
IN RE: ASBESTOS LITIGATION : C.A. No. 77C-ASB-2
GENERAL SCHEDULING ORDER NO. 1 - Amended March 9, 2011
INTRODUCTION AND SCOPE: This Order shall apply to all asbestos personal injury
cases scheduled for trial. This order provides the procedures to be followed for all asbestos cases
for the orderly preparation of that litigation for trial. The actual dates and time periods by which
the required procedures and duties are to be completed shall be provided by the Court from time
to time in a TRIAL SCHEDULE ABSTRACT which shall be part of the MASTER TRIAL
SCHEDULING ORDER issued and revised by the Court from time to time as establishing the
Courts asbestos litigation trial docket. The MASTER TRIAL SCHEDULING ORDER shall
designate the Trial Groups, the plaintiffs, and Plaintiffs counsel, assigned to each particular trial
date provided by the Court. The TRIAL SCHEDULE ABSTRACT section of the MASTER
TRIAL SCHEDULING ORDER shall also list the actual dates and time periods by which the
various provisions of this Order are to be completed. Accordingly, this Order and the MASTER
TRIAL SCHEDULING ORDER shall be construed as an integrated order, with case specific
variations found in the MASTER TRIAL SCHEDULING ORDER to control over this Order. It
is the duty of all counsel to observe and effect these provisions by timely compliance or timely
notifying the Court of a problem. It is also the duty of counsel to attempt to correct any perceived
problems with opposing counsel in good faith prior to approaching the Court for relief. The
provisions of this Order in conjunction with the TRIAL SCHEDULE ABSTRACT, MASTER
TRIAL SCHEDULING ORDER, and STANDING ODER NO. 1 shall not be extended or
modified except by order of the Court and upon showing that because of some unforeseen
situation the matter could not have been done within the scheduled time. Any request for
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
2/21
extension or modification must be made in writing prior to the expiration of the affected
deadline.
1. Approximately three hundred (360) days prior to the date set for trial, there shall
be a date known as DATE TO NOTICE DISCOVERY DEFICIENCIES. On or before that date,
each party shall notify the opposing party or parties of deficiencies in prior discovery responses.
This includes all discovery required by Standing Order No. 1. The parties shall address and
correct all discovery deficiencies within thirty (30) days of service of discovery deficiency
notices. Any deficiencies perceived to exist thereafter shall be brought to the Courts attention
by way of a Motion to Compel or similar vehicle filed within five (5) days of the expiration of
the 30 day period herein provided to address and correct discovery deficiencies.
2. Within twenty (20) days of service of the Complaint, or three hundred thirty (330)
days prior to the date set for trial, whichever is sooner, there shall be a date known as DATE TO
FILE RULE 12 MOTIONS. By that date, all parties shall file any motions permitted under
Superior Court Civil Rule 12 with supporting briefs. Twenty (20) days thereafter, all answering
briefs shall be filed. No reply brief shall be filed unless requested by the Court.
3. Approximately three hundred (300) days prior to the date set for trial, there shall
be a date known asDATE FOR PLAINTIFFS TO FILE INITIAL WITNESS AND EXHIBIT LISTS
(FACTUAL, MEDICAL, AND EXPERT). By that date, Plaintiffs shall designate:
(a) Each individual exhibit intended to be used or introduced at trial and, as to
each exhibit, shall further designate whether it is to be used in support of a defense or a claim for
compensatory or punitive damages or both. The designation shall also specify against which
defendant or defendants each exhibit will be used.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
3/21
(b) The identity of all witnesses, including fact, medical expert witnesses,
including full name, address, and last known telephone number. In listing witnesses, Plaintiffs
shall designate whether the witness is expected to testify in person or by deposition. For each
witness expected to testify by deposition, the deposition transcript shall be identified by date,
jurisdiction, case name and civil action number. The defendant or defendants against whom each
witness will be used shall be specifically designated. Product Identification or Product
Nexus witnesses shall be identified specifically as to the plaintiff on whose behalf they will
testify and the defendants against whom they will testify. Full disclosure of testimony expected
from expert witnesses is to be provided pursuant to the Rules of Civil Procedure,
(c) All designations shall be considered designated by all opposing parties
subject to questions of admissibility. The above required designations shall not be construed to
require the listing and disclosure of evidence when proceeding for use in cross-examination.
Instead, the above requirements are directed at the parties' case-in-chief and, if permitted, their
rebuttal case.
4. Approximately three hundred (300) days prior to the date set for trial, there shall
be a date known asDATE FOR PLAINTIFFS TO UPDATE PRODUCTION OF MEDICAL AND
DIAGNOSTIC MATERIALS PRODUCED IN ACCORDANCE WITH STANDING ORDER No. 1.
By that date, Plaintiff shall update production of all tissue slides, tissue blocks, x-rays, Ct Scans,
MRIs and any other radiographic or diagnostic material used, reviewed, or relied upon by
Plaintiffs diagnosing physicians and/or by any medical expert identified or relied upon by
Plaintiff. Also by that date, Plaintiffs alleging malignant injuries related to exposure to asbestos
shall produce all tissue blocks in existence related to such malignant injury, regardless of
whether used, reviewed, or relied upon Plaintiffs diagnosing physicians. To the extent such
tissue blocks exist but cannot be produced by this date, Plaintiff shall provide a complete and
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
4/21
detailed listing all facilities where such tissue blocks exist and a report on efforts made by
Plaintiff to secure and produce such tissue bock as required herein.
5. Approximately three hundred (300) days prior to the date set for trial, there shall
be a date known as DATE TO UPDATE AND SUPPLEMENT PRIOR DISCOVERY
RESPONSES. By that date, all parties are to complete, update and supplement, as warranted, all
prior responses to discovery. This deadline shall not alter the on-going duty of all parties to
supplement discovery responses beyond this date. The update of discovery responses shall apply
to such discoverable information not known or not available by the producing party at the time of
the initial response, and the Court will construe and enforce this provision accordingly.
6. Approximately three hundred (300) days prior to the date set for trial, there shall
be a date known as DATE FOR PLAINTIFFS TO PRODUCE ALL EXPERT REPORTS AND
DISCLOSURES (FACTUAL AND MEDICAL) AND UPDATE ANY EXPERT REPORS OR
DISCLOSURES PREVIOUSLY PRODUCED. By that date Plaintiffs shall produce all reports or
expert disclosures from any experts expected to testify at trial or upon whom Plaintiffs intend to
rely at trial. Any reports or disclosures produced before this date shall be updated as necessary
or required.
7. Approximately two hundred eighty (280) days prior to the date set for trial, there
shall be a date known as DATE TO HAVE COMPLETED THE DEPOSITION OF ALL
PLAINTIFFS ALLEGING EXPOSURE. By that date, the deposition of any Plaintiff alleging to
have been exposed to asbestos with such allegations being the grounds for the instant action shall
have been deposed.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
5/21
8. Approximately two hundred twenty (220) days prior to the date set for trial, there
shall be a date known as DATE FOR DEFENDANTS JOINT MEDICAL WITNESS AND
EXHIBIT LIST AND JOINT MEDICAL EXPERT REPORTS. By that date, through the Defense
medical Coordinator, Defendants shall:
(a) Designate each individual medical exhibit intended to be used or
introduced at trial;
(b) Provide the identity of all medical witnesses, including any expert
witnesses. Witnesses are to be identified by full name, address, and last known telephone
number. In listing witnesses, Defendant shall designate whether the witness is expected to testify
in person or by deposition. For each witness expected to testify by deposition, the deposition
transcript shall be identified by date, jurisdiction, case name and civil action number. In the
event a medical witness is designated against individual or specific plaintiffs as opposed to all
plaintiffs, Defendants shall designate the plaintiff or plaintiffs against whom each witness shall
be used. Full disclosure of testimony expected from medical witnesses is to be provided
pursuant to the Rules of Civil Procedure.
9. Approximately two hundred ten (210) days prior to the date set for trial, there
shall be a date known asDATE FOR FINAL DISCOVERY REQUESTS. By that date, discovery
requests including, but not limited to, interrogatories, requests for production, requests for
admissions and deposition notices, shall be served. Nothing in this Order shall preclude the
timely noticing and filing of discovery requests prior to the date set forth herein. Requests for
discovery not made by this date will be deemed untimely and not permitted. All objections to
non-medical discovery requests shall be made not later than ten (10) days after this date.
Objections not made within this 10 day period are deemed waived. Motions to compel shall be
filed within ten (10) days of the filing of objections or be deemed waived.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
6/21
10. Approximately one hundred ninety (190) days prior to the date set for trial, there
shall be a date known as DATE TO HAVE COMPLETED THE DEPOSITIONS OF ALL
COWORKER, PRODUCT IDENTIFICATION, AND OTHER EXPOSURE WITNESSES. By that
date, the deposition of any witness being relied upon to establish the plaintiffs exposure to
asbestos shall have been recorded.
11. Approximately one hundred eighty (180) days prior to the date set for trial, there
shall be a date known as DATE FOR PLAINTIFFS UPDATED DESIGNATION OF THE
SUBSTANTIVE LAW PLAINTIFF BELIEVES IS APPLICABLE. On or before that date, Plaintiff
shall file an updated clear and concise statement designating the substantive law which Plaintiff
believes is applicable to Plaintiffs claims. Consistent with Delaware law, Plaintiffs designation
of substantive law shall designate the state Plaintiff believes to have the most significant
relationship to the occurrence and the parties. Parties shall not designate or stipulate to the
application of multiple jurisdictions substantive laws on an exposure-by-exposure or defendant-
by-defendant basis. See Gregory v. Bezear E., 892 N.E.2d 563, 577-81 (Ill. App. Ct. 2008). If
Plaintiff believes in good faith that multiple jurisdictions laws should be applied to different
issues in the case, the designation statement shall set forth the substantive law designated as to
each issue, as well as a brief explanation of the basis for Plaintiffs designations.
12. Approximately one hundred seventy (170) days prior to the date set for trial, there
shall be a date known asDATE TO FILE MOTION TO ESTABLISH APPLICABLE LAW. In the
event that any defendant, for whatever reason, disagrees with Plaintiffs designation, then
Defendant shall by this date file a motion seeking to establish the substantive law applicable to
the matter. Defendants shall, to the extent possible, consolidate and coordinate the filing of such
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
7/21
motions through the office of Defense Coordinating Counsel. The Motion shall be noticed for
hearing on the next available Routine Motions Agenda immediately following the date by which
Plaintiff is to file a response. Plaintiff shall file any responses to such motions within ten (10)
days. No reply shall be filed unless requested by the Court.
13. Approximately one hundred fifty (150) days prior to the date set for trial, there
shall be an event known as theDISCOVERY CONFERENCE. If requested, at this conference,
among other things, the Court will review the overall status of discovery and of trial preparation
in general. Notice of request for a Discovery Conference shall be forwarded by Plaintiff to
Defense Coordinating Counsel or by Defense Coordinating Counsel to Plaintiff at least twenty
(20) days prior to this date. Regardless of the requesting party, at least ten (10) days prior to the
Discovery Conference, counsel for Plaintiffs is to deliver to Defense Coordinating Counsel a
report on the status of the cases to be discussed at the conference. The report shall include the
following information:
(a) A list of all cases to be discussed at the conference;
(b) A list of all defendants remaining in every case;
(c) A brief description of the nature of the claims made in every case;
(d) A list of all Plaintiffs expert reports produced in each case;
(e) A discussion, as to each individual case, as to outstanding discovery
matters to be addressed;
(f) A discussion, as to each individual case, as to any pending motions;
(g) A discussion, as to each individual case, of all other pending issues thatshould be brought to the Courts attention in order to help insure that the
cases remain on track for trial as scheduled, including the status of any
default judgments and the need for inquisition hearings.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
8/21
Within seven (7) days of receipt of Plaintiffs report, or within two (2) days of the date of the
Discovery Conference, whichever is later, Defense Coordinating Counsel shall insert the same
information from the perspective of the defendants and shall file the report, as a joint submission,
with the Court.
14. Approximately one hundred twenty (120) days prior to the date set for trial, there
shall be a date known as DATE FOR MOTIONS FOR SUMMARY JUDGMENT AND
MEMORANDUM IN SUPPORT THEREOF. By that date, all parties shall file all motions and
supporting memorandum permitted under Superior Court Rule 56 and Standing Order No. 1,
together with a certification that opposing counsel was contacted prior to the filing of the motion
in an effort to resolve the issues presented as required by Standing Order No. 1. Nothing in this
Order shall preclude the timely filing of motions for summary judgment prior to the date
contained herein.
(a) Approximately one hundred (100) days prior to the date set for trial, there
shall be a date known as RESPONSIVE MEMORANDUM DUE OR WRITTEN NOTICE OF
INTENTION NOT TO OPPOSE SUMMARY JUDGMENT, the non-moving party shall serve all
answering memoranda together with a certification that opposing counsel was contacted prior to
the filing of the opposition in an effort to resolve the issues presented as required by Standing
Order No. 1. Alternatively, by this date, the non-moving party shall notify the moving party of
their intention not to oppose the pending motion. Nothing prohibits the parties from notifying the
moving party of their intention not to oppose the motion prior to this date.
(b) Approximately ninety (90) days prior to the date set for trial, there shall be
a date known as DATE FOR REPLY MEMORANDUM IN SUPPORT OF SUMMARY
JUDGMENT, the moving party shall serve all reply memoranda.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
9/21
(c) Dates for any oral argument on opposed motions for summary judgment
shall be established by the Court. Oral argument on motions for summary judgment shall be
held at the Courts discretion and only when the Court is satisfied that all certifications required
by this Order, Standing Order No. 1, and the Master Trial Scheduling Order have been properly
and timely submitted.
15. Not later than one hundred (100 days) prior to the date set for trial counsel for
Plaintiffs shall issue written settlement demands to each defendant in each case. Written
demands are to be directed to Delaware Counsel for each defendant. To the extent that Plaintiff
entered into settlement negotiations prior to this deadline with defense counsel other than
Delaware counsel for any particular defendant and those discussions remain active and on-going,
then in lieu of a written settlement demand, Plaintiff may send written notice to Delaware
counsel for each such defendant and shall identify (by name and telephone number) the
individual with whom Plaintiff has been negotiating. Plaintiffs are to include in their demand a
statement of the historical settlement amounts reached with the defendant to whom each demand
is directed. To the extent that the demand made deviates more than 20% from the historical
settlement amounts noted, Plaintiffs shall state the factual and legal basis for such deviation with
specificity and particularity. Within ten (10) days of receipt of written settlement demands,
Defendants are to provide written responses to specifically include a statement of the historical
settlement amounts reached with the plaintiffs firm to whom the demand is received. To the
extent that the offer made deviates more than 20% from the historical settlement amounts noted,
Defendants shall state the factual and legal basis for such deviation with specificity and
particularity.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
10/21
16. Approximately one hundred (100) days prior to the date set for trial, there shall be
a date known as DATE TO INITIATE ALTERNATIVE DISPUTE RESOLUTION. By that date,
pursuant to the provisions of Standing Order No. 1, Defendants are to contact Plaintiffs to
discuss and schedule a mutually agreeable form of alternative dispute resolution and attempt to
agree upon an ADR Practitioner. Unless agreements are reached before ninety (90) days prior to
the date set for trial, all parties in all cases shall proceed with alternative dispute resolution
through mediation and the ADR Practitioner for mediation shall be the Court-Appointed ADR
Manager. No later than eighty (80) days prior to trial, all defendants shall report to Defense
Coordinating Counsel and shall provide the identity of the ADR Practitioner and the date when
the ADR meeting or hearing will take place. Defense Coordinating Counsel shall promptly
organize and compile that information and submit it to the ADR Manager with a copy to
Plaintiffs counsel. All alternative dispute resolution is to be completed no later than sixty (60)
days prior to the date set for trial, and on that date, Plaintiff is to submit a report to the Court
Appointed ADR Manager detailing alternative dispute resolution measures undertaken and the
results thereof. A copy shall be forwarded to Defense Coordinating Counsel.
17. Approximately ninety (90) days prior to the date set for trial, there shall be a date
known as DATE FOR INDIVIDUAL DEFENDANTS WITNESS AND EXHIBIT LISTS
(FACTUAL, MEDICAL, AND EXPERT). By that date, Defendants shall designate:
(a) Each individual exhibit intended to be used or introduced at trial;
(b) The identity of all witnesses, including any expert witnesses. Witnesses
are to be identified by full name, address, and last known telephone number. In listing witnesses,
Defendant shall designate whether the witness is expected to testify in person or by deposition.
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
11/21
For each witness expected to testify by deposition, the deposition transcript shall be identified by
date, jurisdiction, case name and civil action number. In the event a witness is designated
against individual or specific plaintiffs as opposed to all plaintiffs, Defendants shall designate the
plaintiff or plaintiffs against whom each witness shall be used.
18. Approximately ninety (90) days prior to the date set for trial, there shall be a date
known as DATE FOR DEFENDANTS TO FILE ALL (FACTUAL AND MEDICAL) EXPERT
REPORTS AND DISCLOSURES. By that date, Defendants shall produce all reports or expert
disclosures from any experts expected to testify at trial or upon whom Defendants intend to rely
at trial. Any reports or disclosures produced before this date shall be updated as necessary or
required.
19. Approximately ninety (90) days prior to the date set for trial, there shall be a date
known asDATE FOR DEFENDANTS TO SUBMIT TO DEFENSE COORDINATING COUNSEL
A LISTING OF ALL FACT AND EXPERT WITNESSES FOR TRIAL AND, AS TO EACH,
PROVIDE DATES, TIMES, AND ADDRESSES WHEN THEY WILL BE AVAILABLE FOR
DEPOSITION. By that date, each defendant will submit to Defense Coordinating Counsel a
listing of all witnesses (fact, medical, expert, or otherwise) expected to testify at trial or upon
whom the defendant intends to rely at trial. The listing is to include:
(a) The cases the witness is being identified in;
(b) The witness full name;
(c) Whether the witness is a fact witness, a medical witness, or an expert
witness, and;
(c) Dates when the witness will be available to testify and, as to each date, a
specific time and address when and where the deposition can take place.
All tendered dates shall fall within the period eighty (80) days before trial and forty (40) days
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
12/21
before trial. Within three (3) days of receipts of such lists, Defense Coordinating Counsel will
coordinate the submissions of the various defendants, resolve any conflicts, and compile and
produce one comprehensive and complete tender of defense witnesses to Plaintiffs. Within two
(2) days of receipt of such comprehensive and complete defense witness tender, Plaintiffs will
advise Defense Coordinating Counsel of which tenders are accepted and which are declined.
Any negotiations for new or different tenders will be undertaken and completed without delay, in
good faith so as to maintain the spirit and intent of this Order. The acceptance of a particular
tender shall serve as sufficient notice to the tendering party such that arrangements required for
the taking of the deposition should be immediately undertaken. Actual Notices of depositions
should be fully and properly filed no later than five days before each deposition.
20. Approximately ninety (90) days prior to the date set for trial, there shall be a date
known as DATE FOR PLAINTIFFS TO PROVIDE DEFENSE COORDINATING COUNSEL
WITH DATES, TIMES, AND ADDRESSES FOR THE DEPOSITIONS OF PLAINTIFFS
EXPERT WITNESSES FOR DEPOSITION. By that date, Plaintiffs will submit to Defense
Coordinating Counsel a listing of all experts expected to testify at trial or upon whom each
plaintiff intends to rely at trial. The listing is to include:
(a) The individual plaintiff for whom the expert will testify or who will
otherwise be relying upon the expert at trial. If multiple plaintiffs arelisting and tendering the same expert, each individual plaintiff shall be
expressly identified;
(b) The witness full name;
(c) Dates when the witness will be available to testify and, as to each date, a
specific time and address when and where the deposition can take place.
All tendered dates shall fall within the period eighty (80) days before trial and forty (40) days
before trial. Within three (3) days of receipts of such lists, Defense Coordinating Counsel will
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
13/21
coordinate the submissions of the various plaintiffs, resolve any conflicts, and compile and
produce one comprehensive and complete tender of Plaintiffs expert witnesses to Defendants.
Within two (2) days thereafter, Defense Coordinating Counsel will advise Plaintiffs of which
tenders are accepted and which are declined. Any negotiations for new or different tenders will
be undertaken and completed without delay, in good faith so as to maintain the spirit and intent
of this Order. The acceptance of a particular tender shall serve as sufficient notice to the
tendering party such that arrangements required for the taking of the deposition should be
immediately undertaken. Actual Notices of depositions should be fully and properly filed no
later than five days before each deposition.
21. Approximately eighty (80) days prior to the date set for trial, there shall be a date
known asDATE BY WHICH ALL MOTIONS FOR SUMMARY JUDGMENT TO BE PROVIDED
TO DEFENSE COORDINATING COUNSEL. By that date, any party having filed a Motion for
Summary Judgment shall provide Defense Coordinating Counsel with hard copies of all papers
regarding the Motion, including the Motion and Memorandum, any Answer and Memorandum,
any Reply Memorandum, and all Appendices and Exhibits to all filings. All paper submissions
will include the LexisNexis File and Serve stamp showing the date of filing and Filing ID No. for
each document. Counsel for the moving party shall also provide Defense Coordinating Counsel
with an original signed certification setting forth in detail and with particularity the efforts
undertaken to resolve the matter, which is to specifically include the names, firm affiliations, and
addresses of all individuals involved in settlement/resolution discussions, the name of the ADR
Practitioner involved, the dates when ADR efforts took place, and the amount of time spent in
efforts to resolve the issues sought to be brought before the Court. An electronic copy of the
certification shall be filed in the record of the case. Failure to timely submit the papers and the
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
14/21
certification herein required will result in the matter not being forwarded to the Court for
consideration. The Court expects a single, coordinated submission of matters for the Courts
consideration. Any matter not provided as part of such single, coordinated submission shall not
be considered.
22. Approximately forty (40) days prior to the date set for trial, there shall be a date
known as DATE FOR COMPLETION OF DEPOSITIONS OF ALL DEFENSE FACT AND
EXPERT WITNESSES AND OF ALL PLAINTIFF EXPERT WITNESSES. By that date, the
depositions of all defense fact and expert and of all plaintiff expert witnesses shall have been
recorded.
23. Approximately forty (40) days prior to the date set for trial, there shall be a date
known asDATE FOR COMPLETION OF ALL DISCOVERY. By that date, all discovery is to be
completed.
24. Approximately forty (40) days prior to the date set for trial, there shall be a date
known asDATE TO FINALIZE ALL WITNESS AND EXHIBIT LISTS. By that date, all witness
and exhibit lists shall be finalized. Parties are to refine and finalize lists from earlier versions to
reflect any witnesses that the parties in good faith intend to call at trial and any exhibits that the
parties intend to introduce or use at trial. No witness or exhibit not appearing in an earlier list
shall be permitted to appear on a list filed pursuant to this deadline.
25. Approximately forty (40) days prior to the date set for trial, there shall be a date
known as DATE FOR LINES AND PAGES DESIGNATIONS. By this date, any party intending
to introduce any testimony at trial through previously recorded deposition or trial testimony shall
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
15/21
specifically designate the transcript by date and shall further designate by reference to specific
pages and lines those portions of the transcript sought to be introduced. Counter designations
shall be filed within ten (10) days. Separate Lines and Pages Designations and Counter
Designations must be provided for each case.
26. Approximately thirty-five (35) days prior to the date set for trial, there shall be a
date known as DATE FOR FILING MOTIONS IN LIMINE. Any party wishing to file any
Motions in Limine shall do so by this date. Individual parties are limited to five (5) in limine
applications in any given case. No brief or memorandum in support of any Motion in Limine
shall be filed without express prior leave of Court. Defense Coordinating Counsel is authorized
to file up to five Motions in Limine on behalf of all defendants. Responses in opposition to
Motions in Limine shall be filed within 10 days. There shall not be any reply submissions.
27. Approximately twenty-five (25) prior to the date set for trial, there shall be a date
known as DATE BY WHICH ALL MOTIONS IN LIMINE TO BE PROVIDED TO DEFENSE
COORDINATING COUNSEL. By that date, any party having filed a Motion in Limine shall
provide Defense Coordinating Counsel with hard copies of all papers regarding the Motion and
response thereto and all Appendices and Exhibits to all filings. All paper submissions shall
include the LexisNexis File and Serve stamp showing the date of filing and Filing ID No. for
each document. Failure to timely submit these papers will result in the matter not being
submitted to the Court for consideration.
28. Approximately twenty-five (25) days prior to the date set for trial, there shall be a
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
16/21
date known as PLAINTIFFS PRETRIAL MEMORANDUM PROVIDED TO DEFENSE
COORDINATING COUNSEL AND CIRCULATED TO ALL DEFENSE COUNSEL. By that
date, Plaintiff shall provide Defense Coordinating Counsel with an electronic Word or
WordPerfect copy of the approved Pretrial Memorandum for Asbestos Litigation which will
have been fully completed by Plaintiff. A separate Pretrial Memorandum for each case shall be
provided and any and all attachments or exhibits referred to in each Pretrial Memorandum shall
be provided as well. Defense Coordinating Counsel shall immediately distribute the Pretrial
Memorandum to all remaining defendants. Within (5) days, each remaining defendant shall
submit an electronic Word or WordPerfect copy of the approved Pretrial Memorandum for
Asbestos Litigation fully and properly completed with all of Defendants entries. Within five (5)
days, and no later than fifteen (15) days before trial, Defense Coordinating Counsel shall compile
and create a single Joint Pretrial Memorandum in each individual case and shall provide copies
to all remaining parties. Any party failing to provide its portion of the Pretrial Memorandum in a
timely manner will be charged with the responsibility of compiling the entire Pretrial
Memorandum. Defense Coordinating Counsel may designate duties hereunder to remaining
parties. The Court shall be promptly advised of any failure by any party with regard to
responsibilities pursuant to this paragraph.
29. There shall be a date known asDATE FOR ORAL ARGUMENTS ON MOTIONS
FOR SUMMARY JUDGMENT. No later than ten (10) days before such date, Defense
Coordinating Counsel shall deliver to the Court all papers and certifications collected pursuant to
Paragraph 21 above. Ten (10) days prior to such delivery, Defense Coordinating Counsel shall
publish a listing of Motions for Summary Judgment to be so delivered. Counsel for all parties
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
17/21
involved shall at that juncture review the matters and the certifications submitted and, by a date
to be set by Defense Coordinating Counsel, shall advise Defense Coordinating Counsel that the
matter should be withdrawn from the submission to be made or that the matter should be
submitted to the Court. To the extent that any matters remain pending that were filed prior to the
effective date of this order, counsel shall undertake efforts to resolve the matter and submit a
certification detailing those efforts, consistent with paragraph 21, by this time. Five (5) days
prior to delivery, Defense Coordinating Counsel shall submit to the Court a preliminary listing of
Motions for Summary Judgment pending submission at that time. Defense Coordinating
Counsels submission of Motions for Summary Judgment shall include a certification that the
provisions of this Paragraph were met and as to each matter submitted, shall identify by name
and firm affiliation the attorney who indicated that a review of the matter and the certifications
previously made was conducted prior to direct submission to the Court.
30. No later than ten (10) days before trial, there shall be a PRELIMINARY
PRETRIAL CONFERENCE. Counsel for remaining parties in each case shall meet and confer to
narrow issues and refine the Pretrial Memorandum, including any remaining objections to page
and line presentations, trial exhibits, witnesses and their proposed testimony, or other issues
which may impede an orderly and efficient trial process. Not later than eight (8) days before
trial, remaining parties shall provide Defense Coordinating Counsel with a completed Joint Final
Pretrial Memorandum. Plaintiff shall electronically file a copy of the Joint Final Pretrial
Memorandum by close of business that day. The Court shall be promptly advised of any failure
by any party with regard to responsibilities pursuant to this paragraph. Defense Coordinating
Counsel shall delivery hard copies of all Motions in Limine and Joint Final Pretrial
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
18/21
Memorandum to the Court no later than seven (7) days before trial.
30. Seven (7) days prior to the date set for trial, there shall be a date known asDATE
TO SUBMIT JURY SCREENING MATERIALS. By this date:
(a) Counsel for plaintiffs in each case shall submit to the Special Master, in
electronic Word or WordPerfect format, a single consolidated list of witnesses (fact, expert,
medical, etc.), law firms and individual trial counsel, and all defendants (including settled and
dismissed defendants). Counsel for individual defendants in each case shall submit information
required for Plaintiffs counsel to fulfill this requirement no later than ten (10) days prior to the
date set for trial.
(b) Counsel for each party in each case shall file a Prospective Witness List
and List of First Week Witnesses and shall provide copies to the Special Master along with
Filing ID Nos.
(c) Any proposed and/or stipulated amendments to the standard form of juror
questionnaire shall be submitted to the Special Master. Short of stipulated amendments, the
standard form will be utilized.
25. Trial and jury selection shall commence on a date known as TRIAL DATE. Prior
to the commencement of jury selection, the parties shall file with the Court proposed joint jury
instructions and a proposed verdict form.
SO ORDERED, this 9th day of March, 2011.
/S/ PEGGY L. ABLEMAN
PEGGY L. ABLEMAN, Judge
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
19/21
EVENT DAYS
FROMTRIAL
Date to notice discovery deficiencies 360
Date to correct discovery deficiencies noticed 330
Date to file Rule 12 Motions 330
Date to file motion to correct discovery deficiencies noticed but not corrected 325
Date to file answers to Rule 12 motions 310
Date for plaintiffs to file initial Witness & Exhibit Lists (Factual, Medical, and Expert) 300
Date for plaintiffs to update production of medical and diagnostic materials produced inaccordance with Standing Order No. 1
300
Date to update and supplement prior discovery responses 300Date for plaintiffs to produce all expert reports and disclosures (factual and medical) and update
any expert reports or disclosures previously produced
300
Date to have completed the depositions of all plaintiffs alleging exposure 280
Date for defendants joint medical Witness and Exhibit list and defendants joint medical expert
reports
220
Date for final discovery requests 210
Date for objections to final discovery requests 200
Date to have completed the depositions of all coworker, product identification, and other
exposure testimony witnesses
190
Date for filing of motions to compel any final discovery requests 190
Date for plaintiffs updated designation of the substantive law or laws plaintiff believes is/areapplicable
180
Date for defendants to file motion seeking to establish the substantive law(s) applicable 170
Date for any requests for Discovery Conference 170
Date for plaintiffs responses to defendants motion for establishment for substantive law 160
Date for Discovery Conference 150
Date for motions for summary judgment and memorandum in support thereof with requiredcertifications
120
Date for responsive memorandum or written notice not to oppose summary judgment with
required certifications
100
Date for reply memorandum in support of motion for summary judgment 90
Date to initiate Alternative Dispute Resolution 100
Date For Plaintiffs written settlement demands 100
Date for defendants written responses to settlement demands 90
Date for individual defendants Witness and Exhibit Lists (Factual, Medical, and Expert) 90
Date for defendants to file all (factual and medical) expert reports and disclosures 90
Date for all defendants to submit to Defense Coordinating Counsel a listing of all fact and 90
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
20/21
EVENT DAYS
FROM
TRIAL
expert witnesses for trial and, as to each, provide dates, times, and addresses when they will beavailable for deposition. Dates to fall after day 80 but before day 40.
Date for plaintiffs to provide Defense Coordinating Counsel with dates, times, and addressesfor the depositions of plaintiffs expert witnesses. Dates to fall after day 80 but before day 40.
90
Date for Defense Coordinating Counsel to coordinate defendants witness listings and tenders,
resolve conflicts, and present final coordinated and complete defense witness for depositions
offer to plaintiff.
87
Date for Defense Coordinating Counsel to coordinate plaintiffs expert witness listings and
tenders and to produce same to defendants
87
Date for Defense Coordinating Counsel to advise plaintiffs which expert tenders are accepted
and which are declined
85
Date for Plaintiffs to advise Defense Coordinating Counsel which defense witness tenders areaccepted and which are declined
85
Date by which all Motions for Summary Judgment and certifications to be provided to Defense
Coordinating Counsel
80
Date to complete Alternative Dispute Resolution and report to Court Appointed ADR Manager 60
Date for completion of depositions of all defense fact and expert witnesses and of all plaintiff
expert witnesses
40
Date for completion ofALL discovery 40
Date to finalize ALL witness and exhibit lists 40
Date for lines and pages designations 40
Date for filing of motions in limine 35
Date for lines and pages counter designations 30Date for filing answers to motions in limine 25
Date by which all Motions in Limine to be provided to Defense Coordinating Counsel 25
Plaintiffs Pretrial Memorandum provided to Defense Coordinating Counsel and circulated to
all defense counsel
25
Defendants Individual Pretrial Memorandum submitted to Defense Coordinating Counsel 20
Defendants Joint Pretrial Memorandum submitted to Plaintiffs 15
Preliminary Pretrial Conference 10
Joint Final Joint Pretrial Memorandum filed and provided to Defense Coordinating Counsel 08
Date for Defense Coordinating Counsel to deliver Motions in Limine and Joint Final Pretrial
Memorandum to Court
07
Prospective Witness Lists and Lists of First Week Witnesses filed with Filing ID Nos. providedto Special Master
07
Date to submit jury screening materials 07
Date for Defense Coordinating Counsel to deliver Motions for Summary Judgment andcertifications to the Court
TBA
Oral arguments on Motions for Summary Judgment TBA
Final Pretrial Conference and In Limine hearings TBA
-
8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011
21/21
EVENT DAYS
FROM
TRIAL
TRIAL DATE (Jury Screening)TRIAL DATE (Jury Selection and Opening Arguments)