allegheny cmo for asbestos cases pending three years of more that have not been placed at issue

8/2/2019 Allegheny CMO for Asbestos Cases Pending Three Years of More That Have Not Been Placed at Issue

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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,PENNSYLV ANIA

CIVIL DIVISION - ASBESTOS

INRE: ADMINISTRATIVE DOCKETASBESTOS CASES NO.: 202 of 2005

(AMENDED 2010)CASE MANAGEMENT ORDER


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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIACIVIL DIVISION

INRE: ADMINISTRATIVE DOCKET

ASBESTOS CASES

)))) NO. 202 OF 2005(AMENDED 2010)

CASE MANAGEMENT ORDER FOR ASBESTOS CASES PENDINGTHREE YEARS OR MORE THAT HAVE NOT BEEN PLACED AT ISSUE

1. Beginning May 2005, the Court will periodically issue lists of cases that will begoverned by this Case Management Order. Each list will set forth the date by which a PlaintiffInformation Sheet must be filed with the Department of Court Records for cases appearing onthis list. (The date will be at least sixty (60) days after the issuance of the list.)

2. The Plaintiff Information Sheet that must be submitted is attached to this CaseManagement Order as Attachment 1. However, the copy filed with the Department of CourtRecords will not include either plaintiffs Social Security Number or Railroad ID Number (ifapplicable). Copies of the Plaintiff Information Sheet will be furnished to the Clerk of theAsbestos Docket and Liaison Defense Counsel. These copies shall include plaintiffs SocialSecurity Number and Railroad ID Number, if applicable.

At the time of submission of the Plaintiff Information Sheet, counsel for any party mayfurnish a one-page Motion and Court Order to the Clerk of the Asbestos Docket to assist inobtaining medical and hospital records. Plaintiff shall serve the Plaintiff Information Sheet uponall other parties (i) pursuant to Pa.R.C.P. No. 440, (ii) through posting on the extranet sitemaintained by plaintiffs' counsel, or (iii) bye-mail to each attorney appearing on the asbestoscounsel e-mail list maintained by the Clerk of the Asbestos Docket.


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NO .: A .D . 202 of 2005(AMENDED 20 I 0)

3. If a plaintiff fails to timely file the Plaintiff Information Sheet with theDepartment of Court Records, any defendant, on behalf of all defendants, may file with theDepartment of Court Records (with a copy furnished to the Clerk of the Asbestos Docket) aPraecipe to Dismiss the case. A Notice of Intent to file the Praecipe to Dismiss must be servedupon plaintiffs counsel at least ten (10) days prior to the filing of the Praecipe to Dismiss. Uponreceipt of the Praecipe, the Department of Court Records shall enter a judgment dismissing thecase as to all defendants.

On its own motion, the Court may dismiss the case provided that it gave at least ten (10)days notice of its intent to do so after plaintiffs failure to file the Plaintiff Information Sheet.

A case shall not be dismissed if the Plaintiff Information Sheet is filed with theDepartment of Court Records prior to the dismissal of the case for failure to file a PlaintiffInformation Sheet.

4. Any defendant not named as a party in the Plaintiff Information Sheet mayimmediately file with the Department of Court Records (with a copy furnished to the Clerk of theAsbestos Docket) a Praecipe to Dismiss the case as to that defendant. Upon receipt of thePraecipe, the Department of Court Records shall enter a judgment dismissing the case as to thedefendant who filed the Praecipe. If the omission was an oversight by plaintiffs counsel,counsel must provide evidence that the defendant is properly in the case within ten (10) days.

5. A one hundred ninety (190) day discovery period will commence from the date bywhich the Plaintiff Information Sheet was required to be filed.

6. Plaintiffs and defendants shall file their list of fact witnesses within one hundredthirty (130) days from the date by which the Plaintiff Information Sheet was required to be filed.New fact witnesses may be added to the list only by leave of court upon a showing of compelling


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NO.: A.D. 202 of 2005(AMENDED 2010)circumstances. Persons who are not on the list of fact witnesses may not testify at trial unlesscompelling circumstances are shown.

7. Defendants must file with the Department of Court Records their Motions forSummary Judgment within two hundred four (204) days from the date by which the PlaintiffInformation Sheet was required to be filed. Defendants shall furnish copies of the motions to theClerk of the Asbestos Docket. Any Summary Judgment Motion that is not timely filed will notbe considered without a court order entered upon a showing of compelling circumstances.

8. Plaintiffs must file with the Department of Court Records their Responses toMotions for Summary Judgment within two hundred forty-six (246) days from the date by whichthe Plaintiff Information Sheet was required to be filed. Plaintiffs shall furnish copies of theresponses to the Clerk of the Asbestos Docket. The Court will not consider evidence that is notpart of the record, which includes the response, in the absence of compelling circumstances.

9. If plaintiff has not filed a timely response to a defendant's Motion for SummaryJudgment, defendant may file a Praecipe with the Clerk of the Asbestos Docket asking to havethe Motion for Summary Judgment granted. The Praecipe must be furnished to plaintiffscounsel at least ten (10) days prior to the filing with the Court. A Motion for SummaryJudgment shall not be granted for failure to file a timely response if plaintiffs response is filedwith the Department of Court Records prior to the granting of the Motion for SummaryJudgment.

10. Plaintiffs shall file their expert reports within thirty (30) days after the Motionsfor Summary Judgment have been ruled upon by the Court. Defendants shall file their expertreports within ninety (90) days after the Motions for Summary Judgment have been ruled uponby the Court.


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NO.: A.D. 202 of 2005(AMENDED 2010)

11. Defendants shall file Giffear Motions with the Department of Court Records (withcopies to the Clerk of the Asbestos Docket) within sixty (60) days after the Motions forSummary Judgment have been ruled upon by the Court. Plaintiff shall file responses withinthirty (30) days thereafter. A failure to file a timely response is governed by paragraph 9 of thisOrder.

12. Plaintiffs counsel shall make settlement demands to each defendant no later thanfourteen (14) days after receipt of defendants' expert reports.

13. The Court may list a case for trial at any time on or after one hundred twenty(120) days after the Motions for Summary Judgment have been ruled upon, provided that theCourt will give the parties at least thirty (30) days notice of the trial date.

14. Nothing in this Case Management Order bars a party from placing at issue anycase that has not been placed on a list of cases that will be governed by this Case ManagementOrder.

DATED: ~ 1...-a.- ,2010


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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

v .

)))))))

G.D.No.PLAINTIFF'S INFORMATIONSHEET

Plaintiff,

_________ , et al.,Defendants.

PLAINTIFF'S INFORMATION SHEET

1. __________ was diagnosed with _[Injured party]Address: ------------------Injured Party's date of birth: -----------

***2. __________ worked at Steel Mill[Injured party]during the following years _

3. The remaining defendants in the above-captioned case are as follows:[See Attachment "A"]

4. Plaintiffs Counsel certifies that they have provided Lead Counsel for theDefendant with:1. A complete medical history of any and all hospitalizations and of

any and all treating physicians;One standard copy of executed authorizations for releases ofmedical, employment, workers compensation, social securitydisability, income tax returns, railroad retirement board records,and all other relevant records;A signed and completed Medicare Information Disclosure attachedhereto.

ii.

1 1 1 .

Certified by: Date:Counsel for Plaintiffs

***Paragraph 2 will only apply for individuals who worked at one steel mill jobsite.

ATTACHMENT 1


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AUTHOR IZATION TO RELEA SE IN FORMATIONPLAINTIFF'S FULL LEGAL NAME: _SOCIAL SECURITY NUMBER: _MEDICARE NUMBER (HICN): _DATE OF BIRTH: _DATE OF INJURyl: _

In compliance with the Federal Privacy Act of 1974 and the Health Insurnace Portability andAccountability Act of 1996 (HIPAA), this authorizes the Centers for Medicare &MedicaidServices (CMS), and their contractors, to release to _("Authorized Party"), or its representatives, any and all information concerning conditionalpayments made by Medicare to or on behalf of the above-named injured party resulting from thepersonal injury which occurred on the date listed above.The undersigned also hereby authorizes the Authorized Party to disclose the injured party'sSocial Security number to eMS and their contractors.The undersigned also hereby authorizes Authorized Parties to disclose the injured party's SocialSecurity number to the Social Security Administration to determine Social Security benefits (forthe purposes of determining Medicare eligibility).A copy of this form will have the same force and effect as the original. This form expires oneyear from the date of execution; however, the undersigned may revoke 'this authorization form bysending a request in writing at any time to the appropriate office below:

MSPRCLiability

Post Office Box 33828Detroit, MI 48232

Tel (866) 677-7220 Fax (734) 957-0998

SIGNED: DATE: _If this form is executed by the legal representative of Plaintiff, complete below and attach proof of representation(i.e., Letters Testamentary, Court Order, etc.)Representative's Name (Printed):

IIn the event that alleged injury involved exposure, date of injury is the date when Plaintiff was first allegedlyexposed.

allegheny cmo for asbestos cases pending three years of more that have not been placed at issue

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