Opinion
No. CV05-5829 JKA.
February 3, 2006
BRYTONPURCELL LLP, Scott Niebling, Zachary Herschensohn, Attorneys for Plaintiff.
PERKINS COIE LLP, James H. Gibley, James F. Williams, Attorneys for Defendant NEWPORT NEWS SHIPBUILDING DRY DOCK COMPANY.
JOINT STIPULATION AND MOTION TO STAY and ORDER GRANTING STAY UNTIL FEBRUARY 2, 2007
Pursuant to Local Civil Rules 7(d)(1) and 10(g) the following parties hereby stipulate to, and respectfully move the Court for, an Order staying this matter and vacating the dates set forth in the Minute Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement filed January 3, 2006 (Document 4), for the following good cause:
On January 30, 2006, Defendant NEWPORT NEWS SHIPBUILDING DRY DOCK COMPANY, filed Document 7, Notice to Tag Along Action regarding the pending Multidistrict Litigation ("MDL") in the Eastern District of Pennsylvania, seeking among other things, to move Jurisdiction of this matter to that District.
On July 29, 1991, the Judicial Panel on Multidistrict Litigation ("JPML") entered an order transferring all asbestos personal injury cases pending in the federal courts to the United States District Court for the Eastern District of Pennsylvania, for coordinated pretrial proceedings pursuant to 28 U.S.C. § 14097. That order also applies to "tag-along actions," or actions involving common questions of fact filed after January 17, 1991. Such actions are to be transferred to the eastern District of Pennsylvania as part of MDL 875, for coordinated pretrial proceedings.
The JPML has held that a district court has the authority to stay pending a transfer order. In re Asbestos Products Liability Litigation, 170 F. Supp. 2d 1348, 1349 n. 1 (J.P.M.L. 2001) ("[T]hose courts concluding that such issues should be addressed by the transferee judge need not rule on them, and the process of 1407 transfer in MDL-875 can continue without any unnecessary interruption or delay.").
To date, the Clerk of the JPML has not entered a Conditional Transfer Order pursuant to JPML Rule 12(a) or filed an order to show cause why the action should not be transferred, pursuant to JPML Rule 13(b).
It is likely the dates set forth in the Minute Order (Document 4), including the deadlines imposed by Federal Rules of Civil Procedure 26, will come to pass before the Clerk of the MDL Panel acts.
In addition, it has come to the attention of counsel that the Judge assigned to hear the cases pending in MDL 875, the Honorable Charles R. Weiner of the Eastern District of Pennsylvania, has recently passed away and that the Clerk of that Court has reported a backlog in cases transferred to that Court by the MDL panel.
The parties make this Motion on the grounds that a stay of this action would (a) promote judicial efficiency, (b) allow consistency in pretrial rulings, and (c) be most convenient to the parties.
Due to the pending action by the Clerk of the MDL Panel, the following parties hereby STIPULATE to and respectfully request the Court VACATE its Minute Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement filed January 3, 2006 (Document 4) and that the Court issue an Order STAYING this action pending the outcome of the MDL Panel's decision on the merits of the transfer.