general scheduling order no. 1 as amended march 9 2011

8/2/2019 General Scheduling Order No. 1 as Amended March 9 2011

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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


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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.


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.


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(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.


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


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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.


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.


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.


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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.


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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


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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.


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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.


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(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.


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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.


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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.


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.


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


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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.


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


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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


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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.


known asDATE FOR COMPLETION OF ALL DISCOVERY. By that date, all discovery is to be

completed.


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.


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


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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


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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


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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


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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


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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


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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


21/21

EVENT DAYS

FROM

TRIAL

TRIAL DATE (Jury Screening)TRIAL DATE (Jury Selection and Opening Arguments)

general scheduling order no. 1 as amended march 9 2011

Documents