Cambria County Order RE Deadlines for Clusters 165 and 167

8/2/2019 Cambria County Order RE Deadlines for Clusters 165 and 167

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, ckT7]]\f THE COURT OF C0:M110N PLEAS OF CAlvfBRIA COUNTY, PENN'SYL VANIA

C IV IL D IV IS ION

mRE: Administrative Docket ****CAMBRIA COUNTYASBESTOS CASE S-11o:;0

ORDER-AND NOW, this 30th day of November; 2011, - it is HEREBY ORDERED and

DIRECTED as follows:1. That a portion of the Cambria County Asbestos Cases identified a s Clusters 163

through and including Cluster ,167 inExhibit "A" attached are scheduled as outlinedin this Order.

2. The Court is to be notified not later than 2:00 p.m. the day prior to Jury Selection ofthe Defendants that have settled in each Cluster. This gives the Court time to call offthe jurors if the entire Cluster is settled. JUror costs will be charged to . those thatsettle after the 2:00 p.m, deadline. Plaintiffs' counsel shall call the Court at (814)472-1401.'

3. ifmedical records are not timely received by a Defendant, that Defendant m a ypetition the Cour t to remove the case from that Cluster.

Wil lman & Silvaggio


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5. Defendants' fad witness lists are due by WEDNESDAY. MARCH 14.2012.

CLUSTER 163:1. Plaintiffs must provide signed authorizations to obtain medical and other evidence

by MONDAY. JANUARY 9. 2012.2. Plaintiffs must provide answers to :interrogations by MONDAY, JANUARY 9,2012.3. Plaintiffs will make their best efforts to ensure that all pathology and x-rays in

plaintiffs' possession will be provided to Defendants by TVESDAY, JANUARY31. 2012. '4. Plaintiffs' fact witness list and medical and product expert reports are due byMONDAY. JANUARY16. 2012..

6. The Jury Costs that are assessed for Cluster 162 are due on WEDNESDAY.MARCH 21. 2012. Failure to pay by ills date will result in a denial of OralArgument for Cluster 163.

7. All Motions for Summary Judgment must be filed byWEDNESDAY, MARCH 21, 2012. Responses to Motions' for Summary, Judgment must be filed by WEDNESDAY, MARCH 28.2012. These motionsmust be received in the Cambria County Prothonotary's Office and time stampedby 4:00 p.m. of the due date, otherwise it will be considered untimely.

8. All Motions in Limine must be filed by WEDNESDAy. MARCH 28. 2012.These motions must be received in the Cambria County Prothonotary's Office andtime stamped by 4:00 p.m. of the due date, otherwise, it will be considereduntimely.

9. Fact witness depositions" including co-workers and affiants,must be completedby WEDNESDAY. MARCH 7,2012 L10. Defendants' medical and product expert witness reports are due by FRIDAY,

APR1L 13. 2012.11. Oral Argument on all motions will be heard on WEDNESDAY. APRIL 4, 2012 at .10:00A.M.12.Deadline to submit proposed additional voir dire questions to be addressed to, entire panel and requests for individual voir dire is 'WEDNESDAY,'APRIL 11,20i2 at 12:00 p.m. (NOON). These motions must be received in the Cambria

CountyProthonotary's Office and time stamped by '12:00 p.m, (NOON) of th edue date, otherwise it will 'be considered untimely. '

13. Jury Selection shall take place on TUESDAY, APRIL 17. 2011 at 9:00A.M.14.Trial shall commence on TUESDAY, APRIL 24.2012 at 9:00A.M.


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"13. Jury Selection shall take place onTUESDAY, JUNE 19. 2012 a t 9:00 A.M.14. Trial shall commence on THURSDAY, JULY 5. 2012 at 9:00 A.M.

CLUSTER 164: .1. Plaintiffs must provide signed authorizations to obtain medical and otherevidence by TUESDAY, FEBRUARY 21.2012.

2. Plaintiffs must provide answers to interrogatories by TUESDAY, FEBRUARY21.2012.

3. Plaintiffs will make their best efforts to ensure that all pathology and x-rays inplaintiffs' possession "Willbe provided to Defendants by TUESDAY, APRIL 3,2012.,

4. Plaintiffs' fact witness list and medical and product expert reports are due byTUESDAY, APRIL 10. 2012.

5. Defendants' fact "Witnesslists are due by WEDNESDAY. MAY 16,2012.6. The Jury Costs that are assessed for Cluster 163 are due on WEDNESDAY, . M A y16.2012 .: Failure to pay by this date will result in a denial of Oral Argument for

Cluster 164.-7 . A ll Motions for Summary Judgment must be filed by

WEDNESDAY . ..MAY 16.2012. Responses to Motions for Summary Judgmentmust be filed by WEDNESDAY .MAY 30. 2012. These motions must bereceived in the Cambria County Prothonotary's Office and time stamped by 4:00p.m, of the due date, otherwise it will be considered untimely.

8: All Motions in Limine must be filed by WEDNESDAY, .MAT 30.2012. Thesemotions must be received in the Cambria County Prothonotary's Office and timestamped by 4:00p.m. of the due date, otherwise, itwill be considered untimely.

9. Fact witness depositions, including co-workers and affiants, must be completedby WEDNESDAY...MAY 9.2012.

10. Defendants' medical and product expert witness reports are due by FRIDAY,JUNE 15.2012.

1 1. O ra l Argument 01). all motions will be heard on WEDNESDAY. JUNE 6. 2012 a t10:OOA.M. . .12. Deadline to submit proposed additional voir dire questions. to be addressed to

entire panel and requests for' individual voir dire is WEDNESDAY,' JUNE 13,2012 at 12:00 p.m. (NOON). These motions must be received in the Cambria'County Prothonotary's Office and time stamped by 12:00 p.m. (NOON) of thedue dateotherwise it will be considered untimely.


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2. ,Plaintiffs must provide answers to interrogatories by TUESDAY,.MAY 8.2012.'

CLUSTER 165:1. Plaintiffs must provide signed authorizations to obtain medical and other

evidence by TUESDAY, A1AY 8, 2012. '

3 , Plaintiffs will make their best efforts to ensure that all pathology and x-raysinplaintiffs' possession will be provided to Defendants by MONDAY,.MAY 14,2012.

4. Plaintiffs' fact witness list and medical and product expert reports are due byMONDAY, .M AY 21, 2012.

5. Defendants' fact witness lists are due by WEDNESDAY, JULY 11,2012. '6. The Jury Costs that are assessed for Cluster 164 are due on WEDNESDAY,JULY 18, 2012. Failure to pay by this date' will result in a denial of Oral'Argument for Cluster 165. .7. All Motions for Summary Judgnient must be filed byWEDNESDAY. JULY 18,2012. Responses to Motions for Summary Judgment

must be filed by WEDNESDAY, AUGUST 1. 2012. These motions must bereceived in the Cambria County Prothonotary's Office and time stamped by 4:00p.m. of the due date, otherwise it will be considered untimely,

8. All Motions in Limine must be filed by WEDNESDAY, AUGUST 1. 2012,These motions must be received in the Cambria County Prothonotary's Officeand time stamped by 4:00 p.m. of the due date, otherwise, it will be considereduntimely,

9. Fact witness depositions, including co-workers and affiants, must be completedby WEDNESDAY, JULY 11.2012.

10.Defendants' medical and product expert witness reports are due, by FRIDAY,AUGUST 17,2012. '11. Oral Argument on all motions will be heard on WEDNESDAY. AUGUST 8,

2012 a t 10:00 A.M12. Deadline to submit proposed additional voir dire questions to be addressed toentire panel and requests for individual voir dire is WEDNESDAY, AUGUST 15.

2012 at 1):00 p.m. (NOON). These motions must be received in the Cambria" County Prothonotary's Office and time stamped by ~2:00 p.m. (NOON) of thedue ~ate, otherwise it will be 'considered untimely. ' ,

13.Jury Selection shall take place on TUESDAY, AUGUST 21.2012 a t 9:00 A.M."

14. Trial shall commence on TUESDAY, SEPTEMBER 18. 2012 a t 9:00A.M.


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2. .Plaintiffs must provide answers to .interrogatories byMONDAY, JULy 2.2012.

CLUSTER 166:1. Plaintiffs must provide signed authorizations to obtain medical and other evidence

by MONDAY, JULy 2.2012.

3. Plaintiffs will make their best efforts to ensure that all pathology and x-rays .inplaintiffs' possession will be provided to Defendants by MONDAY, JULy 16., 2012.4. Plaintiffs' fact witness list and medical and product expert reports are due byMONDAY, AUGUST 6,2012:

., ,5. Defendants' fact witness lists are due by WEDNESDAY, SEPTEMBER 12.2012.6. The_ Jury Costs that are assessed for Cluster 165 are due on WEDNESDAY,SEPTEMBER 19. 20i2. Failure to pay by this date will result in a denial of OralArgument for Cluster 166. '7. All Motions for Summary Judgment, must be filed byWEDNESDAY, SEPTEMBER 19, 2012. Responses to Motions for SummaryJudgment must be filed by WEDNESDAY. OCTOBER 3, 2012. These motions

must be received in the Cambria CountyProthonotary's Office and time stampedby 4:00 p.m. of the due date) otherwise it will be considered untimely.

8. All Motions in Limine must be filed by WEDNESDAY, OCTOBER 3, 2012.These motions must be received in the Cambria County Prothonotary's Offic-e andtime stamped by 4:00 p.m. of the due date) otherwise, it will be considereduntimely.

,9. Fact witness depositions) including co-workers and affiants, must be completedby WEDNESDAY, SEPTEMBER 12. 2012.

10. Defendants' medical and product expert witness reports are due by FRIDAY,OCTOBER 19.2012.11. Oral Argument on all motions 'will be heard on WEDNESDAY. OCTOBER 10.2012 at 10:00A.M.12. Deadline to submit proposed additional voir dire questions to be addressed to

entire panel and requests for individual voir dire is WEDNESDAY, OCTOBER17.2012 at 12:00 p.m. (NOON). These motions must be received in th e CambriaCounty Prothonotary's Office and time stamped by 12:00 p.m. (NOON) of_thedue' date) otherwise it will be' considered untimely. '

13. Jury Selection shall take place on TUESDAY, OCTOBER 23, 2012 at 9:00A.M.14 ; Trial shall commence on THURSDAY. NOVEMlJER 8.2012 a t 9:00A.M.,


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5. Defendants' fact witness lists are due by WEDNESDAY, NOVEMBER 7, 2012.

CLUSTER 167:1, Plaintiffs must provide signed authorizations to obtain medical and other evidence

by MONDAY, SEPTEMBER 3, 2012.2. Plaintiffs must provide answers to interrogatories by MONDAY, SEPTEMBER. 3.2012. . i3. Plaintiffs will make their best efforts to ensure that all pathology and x-rays in

. plaintiffs' . possession " W i l l be provided to Defendants by MONDAY.SEPTEMBER 17. 2012, .4. Plaintiffs' fact witness list and medical and product expert reports are due by'MONDAY, OCTOBER 1.2012.

6, The Jury Cos t s that are assessed for Cluster 166 are due on WEDNESDAY.NOVEMBER 14. 2012. Failure to pay by this date will result in a denial of OralArgument for Cluster 167. '7. All Motions: for Summary Judgment must be filed byWElJNESDAY, NOVEMBER 14. 2012. ,Responses to Motions for SummaryJudgment must be filed by WEDNESlJAY, NOVEMBER 28; 2012. These

motions must be received in the Cambria County Prothonotary's Office and timestamped by 4:00 p.m. of the due date, otherwise it will be considered untimely.

8. All Motions in Limine must be filed by WEDNESlJAY. NOVEMBER 28. 2012.These motions must be received in the Cambria County Prothonotary's Office andtime stamped by' 4:00 p,m. of the due date, otherwise, it will be considereduntimely. '

9. Factwitness.depositions, including co-workers and affiants, must be completedby WEDNESDAY. NOVEMBER 7.2012 ..

10, Defendants' medical and product expert witness reports are due by FRIDAY,lJECEMBER 14.2012, '11. Oral Argument on all motions will be heard on WEDNESDAY, DECEMBER 5,2012 a t 10:00A.M.12. Deadline to submit proposed additional voir dire questions to be addressed to

entire panel and requests for individual voir dire is WEDNESDAY, DECEMBER12,2012 at 12:00 p.m, (NOON). These motions mustbe received In the CambriaCounty Prothonotary's Office arid time stamped by 12:00 p.m. (NOON) of thedue date, otherwise-i t will be considered untimely.

13. Jury Selection shall take place on TUESDAY. DECEMBER 18, 2012 a t 9:'00A.M.,14. Trial shall commence on THURSDA,Y. JANUAllY 3,2013 a t 9:00A.M.

B~0r-T: '

? d H f i l , " ! . - ~ . J.


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Asbestos Trial clusters 2012

. ..Cluster 163: Mesothelioma-Bethlehem 'Steelr

John R . Gehos kyVincent LaBuda No, 2010~5142No}010~;i/&"

. Cluster 164: Lung c.anc.er- ,Bethlehem Ste~ .Anthony s. CrisafuJl].'Edward A. CzvmlkAlfred J. EckenrodeJoseph J. Frankofsky. D ona ld J. M y .ersThom as LH rK O

No.2009-26i4No. 2011-908 "No.'2011-909No. 2010-4722. No. 2010-5289No, 2010-4723

Cluster 165: Lung Cancer-Power Plants

Richard E.'Merritt'Merlin H. ,S kav an g ,W i ll iam A. Su ri ke

No. 2007-777No. 2002-4:09No. 2009-5064

Cluster 166: Asbestosis-Bethlehem Stesf,.Ja me s B uch an an No. 2009-4175 .AJbert A. Fel ix No. 2006-202William J: Gabany No. 2010-349FrankI. Kuska No. 2011-1075E dw ard .J: L ee ch N o . 2010-4414~ary ,E . Long No. 2010-3755George M. Lukacs No,2010-3756James Mayersdk No. 2009-4176William G . Mil ler No, 2010-33P .Edwar d b ls ha v sk y No, 2011-2083Haro ld Price No. 2009-4177

. Richard T, Rosko . No, 2010-4721John Slvullch . No. 2009-4179James S ta nle y' . No.2009-418QJames c..yogeJ, Sr. . No. 2011-2084

Joseph StanglR ob ert D , W in ga rdJa m es E '. Ellis

No. 2005-390No. 2005-4986

.. No,20072085

cfuster 167~ Lung Cancer -Power Plants

Cambria County Order RE Deadlines for Clusters 165 and 167

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Transcript of Cambria County Order RE Deadlines for Clusters 165 and 167