MDL 875 In Re: Asbestos Products Liability Litigation (No. VI)
The Honorable Eduardo C. Robreno, Presiding
NOTICE: Updates made on July 8, 2021. See Updates.
- NOTICE TO ALL COUNSEL IN MDL 875: If a plaintiff has been assigned an E.D. Pa. case number, all documents must be filed electronically via CM/ECF in that docket number. It is NOT necessary to send a courtesy copy to chambers if a document is filed electronically. If counsel feels that they wish to send a courtesy copy, please clearly indicate that it is a courtesy copy so duplicate docket entries are not made. Also, on proposed orders, please include "Presiding Judge Eduardo C. Robreno" under the signature line.
- For Cases in which a Rule 26(f) Conference is ordered, PLEASE SEE Discovery Plan Template. This template includes the Court's presumptive deadlines for completing the necessary steps of trial preparation.
- PLEASE SEE case management flow chart updated 03/08/10. This flow chart illustrates the Court's case management scheme.
- Case Management/Electronic Case Files (CM/ECF) contains related information.
- PLEASE NOTE this Judicial Disclosure Notice from Presiding Judge Eduardo C. Robreno, updated April, 2015.
Overview of MDL 875
About MDL 875
MDL 875, In Re: Asbestos Products Liability Litigation (No. VI), involves issues relating to personal injury damages caused by asbestos products. It currently consists of about 3,000 cases transferred by the Judicial Panel on MultiDistrict Litigation to the Eastern District of Pennsylvania in 1991. Each case typically consists of claims by multiple plaintiffs against multiple defendants.
A United States Judicial Conference Ad Hoc Committee on Asbestos Litigation appointed by the Chief Justice described the social effects of asbestos in a 1991 report, saying the use of asbestos "is a tale of danger known about in the 1930s, [with] exposure inflicted upon millions of Americans in the 1940s and 1950s, injuries that began to take their toll in the 1960s, and a flood of lawsuits beginning in the 1970s." [1] Asbestos related diseases may have a latency period of 40-50 years, resulting in a continuous stream of claims that has continued through the present. One of the purposes of transferring all the federal asbestos litigation into a single district was to "facilitate global settlements, and allow the transferee court to fully explore ... national disposition techniques such as classes and sub-classes under Rule 23".[2] In early 1993, a class action was commenced which sought to settle the claims of between 25,000 and 2,000,000 individuals who had been exposed to asbestos products. The settlement was between the proposed class of individuals and a group of 20 companies known as the Center for Claims Resolution (CCR). The 3rd Circuit Court of Appeals, in Georgine v. Amchem Products (83 F. 3d. 610), ruled that the class did not satisfy the requirements of Federal Rule of Civil Procedure 23. In 1997, the Supreme Court subsequently affirmed this ruling in Amchem Products, Inc. v. Windsor (521 U.S. 591).
After the Supreme Court ruled that the proposed settlement class should be decertified, the next opportunity for a mass settlement was through legislative action. There have been several attempts at legislative action to facilitate the resolution of asbestos claims, but none have received the support necessary to become law. These attempts are the Fairness in Asbestos Compensation Act of 1999[3], the Asbestos Compensation Act of 2000[4], the Asbestos Claims Criteria and Compensation Act of 2003[5], and the Fairness in Asbestos Injury Resolution (FAIR) Act of 2006[6]. The FAIR act was sponsored by Sen. Arlen Specter of Pennsylvania, was introduced in the Senate and was reported by the Senate Judiciary Committee. It was never voted on by the Senate.
Since the Supreme Court decision in Windsor, the Eastern District of Pennsylvania has approached MDL 875 under a "one plaintiff, one claim" policy. Beginning with Administrative Order No. 12, the Court has initiated an aggressive, pro-active policy in setting cases for settlement conferences, motion hearings and trials. Presiding Judge Robreno has devised further procedures for resolving these actions which commenced in January, 2009. The procedures can be found by clicking on the links above.
[1] Report of The Judicial Conference Ad Hoc Committee on Asbestos Litigation 2-3 (Mar. 1991)
[2] See Id. at 619.
[3] S. 758, 106th Cong. (1999).
[4] H.R. 1283, 106th Cong. (2000).
[5] S. 413, 108th Cong. (2003).
[6] S. 3274. 109th Cong. (2006).
Current Updates
Date | Description |
---|---|
07/08/2021 | An opinion has been added to the Opinions section. See Opinions. |
Previous Recent Updates
Date | Description |
---|---|
07/03/2019 | The Statistics section has been updated to include the June 2019 MDL-875 statistics. See Statistics. An opinion has been added to the Opinions section. See Opinions. |
04/05/2019 | The Statistics section has been updated to include the March 2019 MDL-875 statistics. See Statistics. An opinion has been added to the Opinions section. See Opinions. |
08/05/2018 | The Statistics section has been updated to include the July, 2018 MDL-875 statistics. See Statistics. |
09/13/2017 | The Statistics section has been updated to include the August 2017 MDL-875 statistics. See Statistics. An opinion has been added to the Opinions section. See Opinions. |
03/08/2017 | The Statistics section has been updated to include the January and February, 2017 MDL-875 statistics. See Statistics. An opinion has been added to the Opinions section. See Opinions. |
01/11/2017 | The Statistics section has been updated to include the December, 2016 MDL-875 statistics. See Statistics. Two opinions have been added to the Opinions section. See Opinions. |
11/16/2016 | The About section has been updated to include the latest version of Judge Robreno's presentation entitled "MDL-875: Past, Present, and Future." See About. The Statistics section has been updated to include the October 2016 MDL-875 statistics. See Statistics. |
10/26/2016 | The About section has been updated to include the latest version of Judge Robreno's presentation entitled "MDL-875: Past, Present, and Future." See About. The Statistics section has been updated to include the September, 2016 MDL-875 statistics. See Statistics. |
09/15/2016 | The Statistics section has been updated to include the August, 2016 MDL-875 statistics. See Statistics. |
08/05/2016 | The Statistics section has been updated to include the July, 2016 MDL-875 statistics. See Statistics. An order has been added to the Opinions section. See Opinions. |
07/11/2016 | The Statistics section has been updated to include the June, 2016 MDL-875 statistics. See Statistics. |
06/13/2016 | The Statistics section has been updated to include the May, 2016 MDL-875 statistics. See Statistics. An opinion has been added to the Opinions section. See Opinions. |
05/10/2016 | The Statistics section has been updated to include the April, 2016 MDL-875 statistics. See Statistics. |
04/08/2016 | The About section has been updated to include the latest version of Judge Robreno's presentation entitled "MDL-875: Past, Present, and Future." See About. The Statistics section has been updated to include the March, 2016 MDL-875 statistics. See Statistics. |
03/10/2016 | The Statistics section has been updated to include the February, 2016 MDL-875 statistics. See Statistics. |
02/25/2016 | The Statistics section has been updated to include the January, 2016 MDL-875 statistics. See Statistics. |
01/07/2016 | The Statistics section has been updated to include the December, 2015 MDL-875 statistics. See Statistics. |
Settlement Conference Procedures
A party wishing to have a settlement conference, should follow the following procedures:
1. Any party may request a settlement conference in their case.
2. In order to obtain a date for your settlement conference, please write or call Judge Robreno's MDL 875 law clerk and inform her of your request for a settlement conference.
3. The MDL 875 law clerk will assign the case to a Magistrate Judge, and the Magistrate Judge will set a settlement conference date.
4. Plaintiff shall give notice of this conference to each viable defendant in each case no less than thirty (30) days before the conference is scheduled. A Certificate of Notification of this notice shall be forwarded to the Magistrate Judge assigned to the case prior to the conference.
5. Plaintiff shall provide to each viable defendant a copy of plaintiff's most current medical report relied upon and a synopsis of the exposure evidence against that defendant. Plaintiff is directed to make a reasonable demand upon each of the defendants, and the parties must attempt in good faith to negotiate settlement of the case(s) prior to the conference date.
6. In preparation for the conference, parties must exchange information and complete such discovery as is necessary to be in a posture to negotiate settlement.
7. Parties to all unresolved claims in the case shall appear at the conference with necessary authority to settle the case(s) with their principals present or immediately available to them by phone.
8. The Magistrate Judge has the authority to require the principals to be present, to continue the conference for additional days or to postpone the conference with or without costs assessed.
9. In the event that a claim is settled in full as to any individual claim or defendant, the Magistrate Judge shall dismiss that claim or the claim against the settled defendant with prejudice pursuant to Local Rule of Civil Procedure 41.1(b).
10. In the event that a claim is not settled, the Magistrate Judge shall determine whether further settlement conferences will be helpful. If not, the Magistrate Judge shall inform the Presiding Judge whether the parties have negotiated in good faith and whether the parties are ready for trial or remand.
Contested Motion Procedures
If you wish to be heard on a contested motion, please follow the following procedure:
1. Any substantive, contested motion will be scheduled for a hearing date upon order of the Court. The Court will attempt to schedule hearings at the earliest possible date. When a hearing is scheduled, an order will be entered in each affected E.D. Pa. docket number.
2. In the Court's discretion, any motion may be continued to a different date.
3. All motions must be accompanied by a memorandum of law citing to the substantive or procedural rule which governs the motion.
4. If factual materials are relevant to the determination of the motion, they shall be appended to the motion.
5. Any party opposing the motion shall have fourteen (14) days within which to file and serve a response upon the moving party. This response must include all relevant factual information in opposition to the motion and cite to the substantive or procedural rule relied upon for opposition. See E.D. Pa. Loc. R. Civ. P. 7.1(c).
6. No reply to the opposing party's response shall be filed without leave of court, which shall be sparingly granted. However, parties have a right to file a reply regarding motions for summary judgment. See E.D. Pa. Loc. R. Civ. P. 7.1(c).
7. There will be a strict limit of one continuance granted per party per motion.
Administrative Motion Procedures
1. Any matter concerning scheduling or any administrative issue may be brought to the Court by motion.
2. All motions must indicate whether the opposing side has consented and attach a sample formal order stating the relief sought.
3. An administrative motion may be decided by the Court based on the papers without scheduling a hearing.
Trial Procedures
Parties wishing to proceed to trial, either jury or non-jury[7], shall comply with the following procedures:
NOTE: This is the trial procedure for parties that wish to have a trial before an Article I judge (with consent of the parties) or before an Article III judge. In either case, for cases where the transferor court is other than the Eastern District of Pennsylvania, parties must waive any venue objections in order for the case to be tried in the Eastern District of Pennsylvania. See Administrative Order No. 22.
1. Write or call the MDL 875 law clerk.
2. Certify that all discovery has been completed and that the parties are ready to try the case within thirty (30) days.
3. Notify the MDL 875 law clerk whether parties will consent to trial before an Article I judge and whether parties have complied with Administrative Order No. 22.
4. The trial judge will hold a scheduling conference promptly and assign a trial date within thirty (30) days.
[7] Punitive damages in this case have been bifurcated and will not be subject to trial at this time.
Remand Procedures
Please see Administrative Order No. 18.
Frequently Asked Questions (FAQs) for Newly Transferred Cases
- 1. What is required now that the case has been transferred to MDL 875?
-
All counsel must be registered on the Electronic Case Filing ("ECF") system for the Eastern District of Pennsylvania ("EDPA"). Details on how to register can be found on the MDL 875 Website. See http://www.paed.uscourts.gov/documents/MDL/MDL875/875-Revised%20A.O.%2023.pdf.
Plaintiff's counsel must also comply with Administrative Order No. 12, providing preliminary information about the case, within thirty (30) days of a case transfer to MDL 875. See http://www.paed.uscourts.gov/documents/MDL/MDL875/adord12.pdf. Administrative Order No. 12 submissions should be filed on the case's Eastern District of Pennsylvania docket. There is no longer an online database for submissions.
Additionally, all counsel must become familiar with the local and Federal Rules of Civil Procedure, as well as the procedures and administrative orders on the MDL 875 website. The MDL 875 website address is: http://www.paed.uscourts.gov/documents2/mdl/mdl875.
- 2. What is the procedure for Pro Hac Vice admission to the EDPA?
-
To be admitted Pro Hac Vice for purposes of MDL 875, no formal motion is required. However, to be admitted Pro Hac Vice for purposes of MDL 875, each attorney must register on ECF (see above). See also Amended Administrative Order No. 23, and Rules of Procedure of the Judicial Panel on Multidistrict Litigation 1.4 ("Any attorney of record in any action transferred under Section 1407 may continue to represent his or her client in any district court of the United States to which such action is transferred. Parties to any action transferred under Section 1407 are not required to obtain local counsel in the district to which such action is transferred.")
- 3. What happens after my case is transferred to the EDPA?
-
A status and scheduling conference will be promptly set, and a scheduling order will be subsequently entered.
- 4. What occurs at the status and scheduling conference?
-
The status and scheduling conference is an informal administrative meeting. The MDL 875 law clerk will call all of the cases listed and inform counsel present of the status of each case.
The cases will fall into one of three categories:
(1) The case will be issued Judge Robreno's standard scheduling order.
(2) The case will be referred to one of four (4) Magistrate Judges that are involved in MDL 875.
(3) Plaintiff's counsel has informed the Court that the case can be dismissed to the "bankruptcy only" docket (meaning only claims against bankrupt defendants will be pursued) or that the case has been settled in its entirety and can be marked "closed".
The status of all of the cases will be posted on the MDL 875 website shortly after the hearing.
- 5. Do I need to appear at the status and scheduling conference?
-
No. If you represent Plaintiff and provide the Court with the information required in the Order scheduling the status conference, appearance at the conference is excused. Defense counsel does not have to appear, and Defense counsel does not have to provide any information to the Court prior to the conference.
- 6. May I appear telephonically?
-
No. Telephonic appearance is not available.
- 7. There were motions pending in my case prior to transfer. What is the status of these motions?
-
All motions pending at the time of transfer that have not been granted or denied by the transferor court are denied without prejudice. Motions must be re-filed on the EDPA docket. If the motion was timely filed in the transferor court, it will be considered timely by the Eastern District of Pennsylvania. See Administrative Order No. 11, at 2; http://www.paed.uscourts.gov/documents/MDL/MDL875/Amended_AO11.pdf.
- 8. How and when will the case get remanded back to the transferor court?
-
A suggestion of remand will be automatically entered in each case within thirty (30) days of the final summary judgment hearing and pre-remand conference. The date of this conference is the last date listed in the scheduling order.
Parties may file a Motion for Suggestion of Remand prior to that date. If the case complies with all of the requirements of Administrative Order No. 18 a suggestion of remand will be entered. See http://www.paed.uscourts.gov/documents/MDL/MDL875/Administrative_Order_18.pdf.
- 9. What is the procedure after Suggestion of Remand has been filed?
-
The Judicial Panel on Multidistrict Litigation ("JPML") is the best resource for procedures after the Eastern District of Pennsylvania has filed a Suggestion of Remand. See http://www.jpml.uscourts.gov. Once a Conditional Remand Order from the JPML is filed on the EDPA docket, the EDPA no longer has jurisdiction over the case and remand is effectuated.
Information for Cases Represented by Cascino Vaughan Law Offices
The Honorable David R. Strawbridge, United States Magistrate Judge, is handling the mediation and settlement of approximately 1,655 cases from Wisconsin, Illinois, and Indiana in which Plaintiff is represented by Cascino Vaughan Law Offices. Below are selected orders from the mediation.
Information for Cases in the Maritime Docket (MARDOC)
Judge Hey has issued a Notice reminding counsel of the filing procedures in Section (A)(4) of Administrative Order No. 25, which apply to identical filings to be made in ten or more cases. Filing a motion or document on the 02-md-875 docket alone does not ensure that that filing will be deemed to have been made in each MARDOC case. Following these important procedures ensures that the docket for each case is complete and correct. ****UPDATE as of 6/27/2013: Please refer to the Amended Administrative Order No. 25 from now on. This Amended AO slightly alters the filing procedures.****
MARDOC Administrative Orders
Administrative Orders 1 (MARDOC) and 25 (MARDOC) are the only administrative orders that apply exclusively to MARDOC cases (and not to land-based cases). All other administrative orders that have applied exclusively to MARDOC in the past, have been vacated.
Updates
Date | Description |
---|---|
07/31/2015 | In July 2015, the Court issued suggestions of remand in various MARDOC cases. See here, here, here, here, and here. |
05/22/2015 | In May 2015, the Court issued suggestions of remand in various MARDOC cases. See here, here, here, here, here, and here. |
04/30/2015 | In April 2015, the Court issued suggestions of remand in various MARDOC cases. See here and here. |
03/09/2015 | The Northern District of Ohio issued an order pertaining to the minutes of the March 4, 2015 phone conference. See here. |
02/26/2015 | In February 2015, the Court issued suggestions of remand in various MARDOC cases. See here, here, and here. |
02/19/2015 | The Northern District of Ohio issued an order pertaining to a telephone conference for selected parties. The phone conference will be held on March 4, 2015. See here. |
02/06/2015 | On February 5, 2015, the Northern District of Ohio issued an order pertaining to a settlement conference for selected parties. The conference will be held in Cleveland, Ohio on March 16, 2015. See here. |
01/29/2015 | In January 2015, the Court issued suggestions of remand in various MARDOC cases. See here, here, here, here, here, and here. |
01/20/2015 | On January 15, 2015 the Court issued orders pertaining to a summary judgment hearing and a pre-remand conference. See SJ Hearing and Pre-Remand Conference. |
01/20/2015 | In January 2015, the Court issued suggestions of remand in various MARDOC cases. See here, here, here, and here. |
12/18/2014 | In December 2014, the Court issued suggestions of remand in various MARDOC cases. See here, here, here, here, here, here, here, here and here. |
12/03/2014 | On December 1, 2014 and December 2, 2014, the Court issued suggestions of remand in certain MARDOC cases. See here, here and here. |
11/25/2014 | On November 24, 2014, the Court issued suggestions of remand in 100 MARDOC cases. See here and here. |
11/25/2014 | On November 21, 2014, the Court issued an order pertaining to a summary judgment hearing on January 13, 2015. See here. |
11/03/2014 | On October 23, 2014, the Court granted thirty-two motions to dismiss due to lack of personal jurisdiction under Virgin Islands law. See here. |
08/21/2014 | On August 20, 2014 the Court issued three orders pertaining to a summary judgment hearing, a pre-remand conference, and a rule to show cause in the MARDOC litigation. See SJ Hearing, Pre-Remand Conference, Rule to Show Cause. |
08/13/2014 | On August 12, 2014 the Court issued an order pertaining to punitive damages in the MARDOC litigation. See here. |
07/10/2014 | On July 9, 2014 the Court issued an opinion pertaining to punitive damages in the MARDOC litigation. See here. |
03/20/2014 | Judge Hey's March 19, 2014 Report and Recommendation pertaining to the production of green cards and service of process. See here. |
The exhibits to Judge Hey's Report and Recommendation can be found here. | |
03/12/2014 | On March 11, 2014, 5,974 Motions to Dismiss for lack of personal jurisdiction were granted; 293 Motions to Dismiss for improper service were denied. See Order. |
02/05/2014 | Judge Robreno's February 5, 2014 Order setting oral argument for certain motions for February 27, 2014. See Order. |
A sortable, searchable Excel sheet of the exhibit can be found here. | |
11/06/2013 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of October 30, 2013. See here. |
08/29/2013 | Order granting previously dissolved Delaware corportions motions to dismiss in various cases. See Order. |
08/27/2013 | On August 26, 2013, 418 Motions to Dismiss for lack of personal jurisdiction were granted; 168 Motions to Dismiss for improper service were denied. See Order. |
07/26/2013 | ****The list of cases in MARDOC Groups 1-7 has been UPDATED as of July 16, 2013 to reflect that some cases have been dismissed. Please refer to this list and disregard previous lists.**** See updated MARDOC Groups 1-7 list (as of 07/16/13). |
06/27/2013 | Administrative Order 25 has been amended to reflect updated filing procedures for idential motions. See Order. |
06/04/2013 | Judge Hey's 5/29/13 order regarding motions to extend response times. See Order. |
05/22/2013 | Judge Hey's order regarding motions to preclude. See Order. |
05/22/2013 | Judge Robreno's order regarding the Group 5 dismissal lists. See Order. |
05/03/2013 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of May 3, 2013 to reflect that some cases have been dismissed. Please refer to this list and disregard previous lists. See updated MARDOC Groups 1-7 list (as of 05/03/13). |
05/03/2013 | Judge Hey's May 3, 2013 Order amending certain deadlines for discovery and for the filing of Daubert and dispositive motions. See Order. |
04/19/2013 | Judge Robreno's April 17, 2013 Order setting oral argument for certain motions for June 20, 2013. See Order. |
A sortable, searchable Excel sheet of the exhibit can be found here. | |
03/27/2013 | Judge Hey's March 26, 2013 Order regarding unopposed motions. See Order. |
03/06/2013 | Judge Hey's March 4, 2013 Order regarding 39(b)(6) depositions and dispositive motions. See Order. |
02/22/2013 | Judge Hey's Order adjusting certain motion deadlines. See Order. |
02/08/2013 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of February 6, 2013 to reflect that some cases have been dismissed. Please refer to this list and disregard previous lists. See updated MARDOC Groups 1-7 list (as of 02/06/13). |
01/09/2013 | Judge Hey's Order regarding responses to motions to dismiss based on personal jurisdiction (updated 02/04/13). See Order. |
01/09/2013 | Judge Hey's Order regarding dismissal lists of Group 4-7 cases. See Order. |
01/02/2013 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of January 2, 2013 to reflect that some cases have been dismissed. See updated MARDOC Groups 1-7 list (as of 01/02/13). |
12/20/2012 | Judge Hey's Order regarding Group 1 response deadlines. See Group 1 Order. |
12/20/2012 | Judge Hey's Order extending the dedaline for Group 2 dispositive motions. See Group 2 Order. |
12/07/2012 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of December 5, 2012 to reflect that some cases have been dismissed. See updated MARDOC Groups 1-7 list (as of 12/05/12). |
12/05/2012 | Judge Hey's Order of December 5, 2012 is available here. |
11/14/2012 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of November 14, 2012 to reflect that some cases have been dismissed. See updated MARDOC Groups 1-7 list (as of 11/14/12). |
11/06/2012 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of November 6, 2012 to reflect that some cases have been dismissed. See updated MARDOC Groups 1-7 list (as of 11/06/12). |
11/01/2012 | In light of Hurricane Sandy, the MARDOC settlement conferences are rescheduled to Tuesday, Nov. 13, 2012 and Wednesday, Nov. 14, 2012. Judge Hey's order indicating as such will be issued shortly. |
10/26/2012 | In light of the storm expected to hit the Philadelphia region early next week, and in the interests of counsel's safety and convenience in traveling to Philadelphia, Judge Hey has decided to postpone MARDOC settlement conferences until the week of Nov. 12, 2012. An order will be issued next week. |
10/22/2012 | Judge Hey's Order of October 19, 2012, denying Plaintiffs' motion to strike, is available here. |
10/10/2012 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of October 10, 2012 to reflect that some cases have been dismissed. See updated MARDOC Groups 1-7 list (as of 10/10/12). |
09/24/2012 | Judge Hey's Amended Order of September 24, 2012, setting a settlement conference for Group 3, is available here. |
09/21/2012 | Judge Hey's Order of September 21, 2012, setting a settlement conference for Group 3, is available here. |
09/17/2012 | Judge Hey's Order of September 17, 2012 is available here. |
09/14/2012 | Judge Robreno's Order of September 14, 2012 is available here. |
Exhibit A is available here. | |
09/04/2012 | Please see a recently-filed Notice regarding filing procedures here. |
08/30/2012 | Judge Hey's Order setting a teleconference for September 6, 2012 to discuss various issues is available here. |
08/28/2012 | Judge Robreno's order regarding plaintiffs' motion for reconsideration and to vacate can be found here. |
A PDF of the exhibit is here. | |
A sortable, searchable Excel sheet of the exhibit can be found here. | |
08/14/2012 | Judge Robreno's Corrected Memorandum Opinion regarding motions to dismiss in the MARDOC cases can be found here. |
The Order that accompanies the Opinion is here. | |
A PDF of the Exhibits is here. | |
A sortable, searchable Excel sheet of the case lists (Exhibits) can be found here. | |
07/23/2012 | Various Plaintiffs' Motions to Compel have been ruled on. See Order and see also Exhibit A. |
07/23/2012 | Judge Hey's Order pertaining to Plaintiffs' Motion to Compel regarding IMO is available here. See Order. |
07/20/2012 | Judge Hey's Order pertaining to emergency motions to quash is available here. See Order. |
07/16/2012 | Judge Hey has ordered, inter alia, that no discovery shall be filed with the Court. See Order. |
07/11/2012 | *The list of cases in MARDOC Groups 1-7 has been UPDATED as of July 11, 2012 to reflect that some cases have been dismissed.* See updated MARDOC Groups 1-7 list (as of 07/11/12). |
06/28/2012 | Judge Hey has issued an order following the June 26, 2012 teleconference. See order. |
06/18/2012 | Judge Hey has issued an order scheduling a June 26, 2012 teleconference. See order. |
06/18/2012 | Judge Hey has issued an order regarding supplemental witness discovery in Groups 1 and 2. See order. |
06/18/2012 | Judge Hey has issued an order regarding a motion for extension of time to provide verifications and authorizations. See order. |
06/18/2012 | Judge Hey has issued an order regarding coworker depositions in Group 1. See order. |
05/02/2012 | On April 30, 2012, Judge Hey issued another order relating to discovery (specifically, Rule 30(b)(6) depositions) in the Group 1 MARDOC cases. See order. |
04/23/2012 | Judge Hey has issued an order relating to discovery in the Group 1 MARDOC cases. See order. |
04/19/2012 | Judge Hey has issued an order relating to discovery in the MARDOC cases. See memorandum opinion and order. |
04/19/2012 | The MARDOC scheduling orders have been updated. See the Excel sheet and the order. |
04/16/2012 | The list of cases in MARDOC Groups 1-7 has been UPDATED as of April 13, 2012 to correct certain incorrect case numbers. This updated Excel sheet highlights these corrections in yellow. See updated MARDOC Groups 1-7 list (as of 03/02/12). |
04/03/2012 | A hearing on motions to dismiss in the MARDOC litigation has been scheduled for April 26, 2012 in Philadelphia. See the order and the Excel sheet listing the affected cases. |
03/02/2012 | Judge Hey has signed an order rescheduling the settlement conference in Group 2. See the Order here. |
03/28/2012 | Judge Hey's order relating to a telephone conference is available here. |
03/27/2012 | Judge Hey has signed an order extending certain discovery deadlines. The order is available here. |
02/27/2012 | [THIS ORDER HAS BEEN VACATED. Please see 03/02/2012 update, above.] Judge Hey has signed an order rescheduling the settlement conference in Group 2. See the Order, and the Group 2 case list. |
01/27/2012 | Judge Hey has signed an order regarding bankruptcy claims. See Order. |
01/19/2012 | Group 1 of the MARDOC groups case list has been updated to reflect that there are two (rather than one) cases with the Plaintiff's name of Robert N. Cain. The updated Excel sheet (containing all groups) is available for download, with the changes highlighted in yellow. See UPDATED GROUPS 1-7 LIST. |
01/12/2012 | Judge Hey has signed an order regarding authorizations. See Order. |
01/10/2012 | Plaintiffs have issued a Notice of the Availability of Authorizations. See Order. |
01/04/2012 | Judge Hey has issued an Order clarifying the MARDOC scheduling orders. See Order. |
12/16/2011 | The list of cases in MARDOC Groups 1-7 has been updated to correct certain incorrect case numbers. This updated Excel sheet highlights these corrections in yellow. See updated MARDOC Groups 1-7 list. |
12/16/2011 | Results of the December 13, 2011 status and scheduling conference for certain MARDOC cases have been posted. See Results. |
The Excel sheet listing the case numbers subject to the Dec. 13 conference can be found here. | |
11/30/2011 | Judge Hey has issued an Order setting a deadline for amending complaints in MARDOC litigation. See the Order here. |
11/30/2011 | Judge Hey has issued Orders regarding the following motions to dismiss based upon lack of personal jurisdiction. |
The Order regarding the Motion to Dismiss of Defendant Anuszewski is posted here. | |
The Order regarding the Motion to Dismiss of Defendant Coester is posted here. | |
The Order regarding the Motion to Dismiss of Defendant Findahl is posted here. | |
The Order regarding the Motion to Dismiss of Defendant Florence is posted here. | |
The Order regarding the Motion to Dismiss of Defendant Gelfgren is posted here. | |
The Order regarding the Motion to Dismiss of Defendant McElroy is posted here. | |
The Order regarding the Motion to Dismiss of Defendant O'Hanlon is posted here. | |
The Order regarding the Motion to Dismiss of Defendant Shannon is posted here. | |
The Order regarding the Motion to Dismiss of Defendant Whittaker is posted here. | |
11/29/2011 | Judge Hey has issued Orders scheduling settlement conferences in the first two MARDOC groups. |
The Order setting the settlement conference for Group 1 can be found here. | |
The Order setting the settlement conference for Group 2 can be found here. | |
11/29/2011 | Judge Hey has issued scheduling orders in the various groups of MARDOC cases. An Excel sheet that lists which cases are in which groups (updated 11.30.11) can be found here. |
The scheduling order for Group 1 can be found here. | |
The scheduling order for Group 2 can be found here. | |
The scheduling order for Group 3 can be found here. | |
The scheduling order for Group 4 can be found here. | |
The scheduling order for Group 5 can be found here. | |
The scheduling order for Group 6 can be found here. | |
The scheduling order for Group 7 can be found here. | |
11/04/2011 | An Order has been issued setting a Dec. 13 status and scheduling conference for 5,000 MARDOC cases that were recently opened in E.D. Pa. See Dec. 13 MARDOC Stat. & Sched. Conf. Order. |
10/19/2011 | Judge Hey has issued an Order regarding previously closed cases in MARDOC. See 10.19.11 Order regarding previously closed cases. |
10/18/2011 | UPDATED final list of all MARDOC cases that will proceed, sortable by Plaintiff's last name and E.D. Pa. case number. See Updated Final List of MARDOC Cases (10.18.11). |
09/29/2011 | Magistrate Judge Hey has issued an Order requiring all MARDOC counsel to submit a pro hac vice admission fee and ECF registration form by October 8, 2011. See Pro Hac Vice / ECF Order. |
09/28/2011 | Christopher Lyding, Esq. is now the MARDOC Case Administrator. See Contacts for his contact information. |
08/11/2011 | Excel spreadsheet of Plaintiffs' submission of a list of all Defendants in each case, pursuant to Magistrate Judge Hey's Order (below). A pdf version can be found at 02-875 (doc. no. 470). MARDOC Defendants spreadsheet. |
08/01/2011 | Order setting preliminary deadlines, grouping cases and setting a status and scheduling conference for September 28, 2011. Status and Scheduling Conference Order. |
08/01/2011 | Excel version of Exhibit "A" attached to Judge Hey's Order (above). Please see Spreadsheet of Case Groups. |
07/26/2011 | Order Appointing Magistrate Judge Hey to oversee the MARDOC docket and enter orders as necessary. Please see Order Appointing Judge Hey. |
06/20/2011 | UPDATED final list of all cases that will proceed, including individual plaintiffs' names and a few non OH-N cases that were exlcuded from the last list. Please see Updated Final Case List. |
06/20/2011 | Order scheduling June 21, 2011 hearing. Please see Order Scheduling Hearing. |
05/03/2011 | FINAL LIST OF ALL MARDOC CASES THAT WILL PROCEED. Please see Final Case List. |
05/03/2011 | Memorandum regarding June 21, 2011 meeting. Please see June Meeting Memo. |
04/14/2011 | Comprehensive list of all active MARDOC cases in the EDPA as of 4.14. Please note that these include ALL cases for each plaintiff opened currently, many of which will eventually be consolidated so that there is one plaintiff-one case number. The three recent transfer orders (below) clarify which number will be the lead case for each Plaintiff, and which cases will be closed. Please see Updated List of all Cases as of 4.14. |
04/14/2011 | Transfer orders designating the lead plaintiff case number. Please see Transfer Order #35, Transfer Order #36, Transfer Order #37. |
03/30/2011 | The previously-discussed shipowner meeting to be held on April 7, 2011 is CANCELLED and will be rescheduled at a later date. |
03/17/2011 | UPDATED comprehensive list of all cases that the clerk's office has assigned case numbers to by the individual plaintiff's name as of 3.17.11. This list INCLUDES the cases from the list posted on 2.25 (below). A total of 1,744 are now open in the system. Please see Updated List of Cases. |
02/25/2011 | List of all cases that the clerk's office has assigned case numbers to by the individual plaintiff's name. Please see List of Plaintiffs. |
02/14/2011 | Memo Regarding February MARDOC Meetings to be Held. Please see Meeting Memo. |
01/29/2011 | The meeting previously scheduled to be held in the Eastern District of Pennsylvania on Wednesday, February 2, 2011, has been CANCELED due to inclement weather forecasts. |
01/03/2010 | Plaintiffs' Counsel has Provided a List of all Cases Sorted by Defendant. See List by Defendant. |
12/17/2010 | List of Cases Generated by the Clerk of the Court that Plaintiff's Counsel is Moving Forward With. After consolidation of same-plaintiff cases under one number, the total will be 3,384 cases. Please see List in Excel Format and List in PDF Format. |
12/02/2010 | Memo Regarding December MARDOC Meetings to be Held. Please see Meeting Memo. |
12/02/2010 | List of approximately 2,000 cases to be dismissed to the bankruptcy only docket by Plaintiffs' counsel. The clerk's office is in the process of dismissing these cases. Please see November 29 dismissal list. |
12/02/2010 | List of approximately 5,000 cases to be dismissed to the bankruptcy only docket by Plaintiffs' counsel. The clerk's office is in the process of dismissing these cases. Please see November 23 dismissal list. |
12/02/2010 | List of approximately 5,000 cases to be dismissed to the bankruptcy only docket by Plaintiffs' counsel. The clerk's office is in the process of dismissing these cases. Please see November 22 dismissal list. |
11/22/2010 | List of approximately 6,000 cases to be dismissed to the bankruptcy only docket by Plaintiffs' counsel. The clerk's office is in the process of dismissing these cases. Please see November 16 dismissal list. |
10/01/2010 | Memorandum regarding information provided by plaintiffs' counsel in September 2010. Please see October 1, 2010 memorandum. |
10/01/2010 | Memorandum regarding remaining manufacturing defendants. Please see remaining manufacturing defendants. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see list of previously transferred cases. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see E.D. Michigan case list. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see U.S. Virgin Islands case list. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see N.D. Ohio case list 1 of 4. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see N.D. Ohio case list 2 of 4. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see N.D. Ohio case list 3 of 4. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see N.D. Ohio case list 4 of 4. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see one additional N.D. Ohio plaintiff. |
10/01/2010 | Lists of cases provided by plaintiffs' counsel in September 2010. Please see 39 withdrawn cases. |
03/24/2010 | Cases scheduled for a status and scheduling conference on Thursday, April 15, 2010. Please see fifth set of MARDOC cases scheduled. |
03/24/2010 | Cases scheduled for a status and scheduling conference on Thursday, March 25, 2010. Please see fourth set of MARDOC cases scheduled. |
03/24/2010 | Cases rescheduled for a status and scheduling conference on Thursday, March 25, 2010. Please see third set of MARDOC cases scheduled. |
02/08/2010 | Cases listed in the third group of MARDOC cases. Please see cases which are active and will be going forward from Group 3, with a list of active defendants in each case. |
02/08/2010 | Cases to be dismissed from the third group of MARDOC cases. Please see cases which will be dismissed and sent to the bankruptcy only docket or which will be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a). |
02/08/2010 | Cases scheduled for a status and scheduling conference on Thursday, February 25, 2010. Please see third set of MARDOC cases scheduled. |
01/07/2010 | Cases to be dismissed from the first two groups of MARDOC cases. Please see cases which will be dismissed and sent to the bankruptcy only docket and cases that were dismissed for lack of prosecution from the first groups of MARDOC cases. |
01/07/2010 | Cases from the first two groups of MARDOC cases. Please see cases which are active and will be going forward from Group 1, with a list of active defendants in each case. See also cases which are active and will be going forward from Group 2, with a list of active defendants for each case. |
11/24/2009 | Cases scheduled for a status and scheduling conference on Thursday, December 17, 2009. Please see first set of MARDOC cases scheduled. |
11/24/2009 | Cases scheduled for a status and scheduling conference on Thursday, January 14, 2010. Please see second set of MARDOC cases scheduled. |
Court Administration
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Magistrate Judge: Elizabeth T. Hey
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United States District Court
Eastern District of Pennsylvania
Room 3038
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (267) 299-7670
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MDL 875 Law Clerk: Joel Lang, Esq.
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Email: joel_lang@paed.uscourts.gov
Telephone: (267) 299-7422
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Case Administrator for MARDOC cases: Christopher Lyding, Esq.
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Email: christopher_lyding@paed.uscourts.gov
Telephone: (267) 299-7562
MARDOC Steering Committee
Please see MARDOC Administrative Order No. 1 (Amended).
Case Management/Electronic Case Files (CM/ECF) contains related information.
Administrative Orders Currently in Effect
Note: Administrative Order 1 (MARDOC) and Amended Order No. 25 (MARDOC) are the only administrative orders that apply exclusively to MARDOC cases (and not to land-based cases).
Administrative Orders No Longer in Effect
Administrative Orders that Apply only to MARDOC
Case Management/Electronic Case Files (CM/ECF) contains related information.
MDL 875 Opinions Issued by Judge Robreno
MDL 875 Opinions (by Judge Robreno unless otherwise indicated)
All Inquiries regarding MDL 875 should be directed to the MDL 875 Law Clerk at joel_lang@paed.uscourts.gov. Do not contact judicial officers unless otherwise directed to do so.
Court Administration
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Kate Barkman, Clerk of Court
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United States District Court
Eastern District of Pennsylvania
Room 2609
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (215) 597-7704
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MDL 875 Law Clerk: Joel Lang, Esq.
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Email: joel_lang@paed.uscourts.gov
Telephone: (267) 299-7422
Judicial Officers
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Presiding Judge: The Honorable Judge Eduardo C. Robreno
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United States District Court
Eastern District of Pennsylvania
Room 15614
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (215) 597-4073
- Judge Robreno's MDL 875 Policies and Procedures
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Chief Magistrate Judge: Thomas J. Rueter
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United States District Court
Eastern District of Pennsylvania
Room 3000
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (215) 597-0048
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Magistrate Judge: David R. Strawbridge
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United States District Court
Eastern District of Pennsylvania
Room 3030
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (267) 299-7790
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Magistrate Judge: Elizabeth T. Hey
-
United States District Court
Eastern District of Pennsylvania
Room 3038
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (267) 299-7670
Plaintiffs' Land-Based Steering Committee
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Peter Angelos, Esq.
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100 North Charles Street
Baltimore, MD 21201
Telephone: (800) 556-5522
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Janet Ward Black, Esq.
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Ward Black Law
208 West Wendover Avenue
Greensboro, NC 27401
Telephone: (504) 581-9056, (336) 273-3812
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Roger Lane, Esq.
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1601 Reynolds Street
Brunswick, GA 31520
Telephone: (912) 264-8296
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John Cooney, Esq.
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Cooney & Conway
Suite 3000
120 N. LaSalle Street
Chicago, IL 60602
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Steven Kazan, Esq.
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Kazan, McClain, Abrams, Lyons, Greenwood & Harley, PLC
171 Twelfth Street, 3rd Floor
Oakland, CA 94607
Telephone: (510) 302-1000
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Peter Kraus, Esq.
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Waters & Kraus
3219 McKinney Avenue
Dallas, TX 75204
Telephone: (214) 357-6244
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Joseph Rice, Esq.
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Motley Rice
28 Bridgeside Boulevard
Mount Pleasant, SC 29464
Telephone: (843) 216-9159
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Russell Budd, Esq.
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Baron & Budd
The Centrum, Suite 1100
3102 Oak Lawn Avenue
Dallas, TX 75219
Telephone: (214) 521-3605
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Michael Thornton, Esq.
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Thornton & Naumes
30th Floor
100 Summer Street
Boston, MA 02110
Telephone: (617) 720-2445
Defendant's Land-Based Steering Committee
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Kevin Jordan, Esq.
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Baker Botts, L.L.P.
One Shell Plaza
910 Louisiana Street
Houston, TX 77002-4995
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William Mahoney, Esq.
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Segal, McCambridge, Singer & Mahoney
1 IBM Plaza, Suite 200
Chicago, IL 60611
Telephone: (312) 645-7806
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W.G. Watkins, Esq.
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Forman, Perry, Watkins, Krutz & Tardy
City Centre, Suite 100
200 South Lamar Street
Jackson, MS 39201
Telephone: (601) 960-8600
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David Landin, Esq.
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Hunton & Williams
951 East Byrd Street
P.O. Box 1535
Richmond, VA 23218-1535
Telephone: (804) 788-8387
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John McShea, Esq.
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McShea Tecce
Bell Atlantic Tower
1717 Arch Street
Philadelphia, PA 19103
Telephone: (215) 599-0800
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Thomas Packer, Esq.
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Gordon & Rees
Embarcadero Center West, Suite 2000
275 Battery Street
San Francisco, CA 94111
Telephone: (415) 986-5900
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Philip McWeeny, Esq.
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Owens-Illinois, Inc.
Legal Department, 8-OSG
One Seagate
Toledo OH, 43666
Telephone: (419) 247-1004
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Robert Malaby, Esq.
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Malaby, Carlisle & Bradley
Suite 600
150 Broadway
New York City, NY 10038
Telephone: (212) 791-0285
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Paul Kalish, Esq.
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Cromwell & Moring
1001 Pennsylvania Ave. NW
Washington, DC 20004-2595
Telephone: (202) 624-2644