Opinion
Civil Action No: MDL 875
08-19-2011
In re: ASBESTOS PRODUCTS LIABILITY LITIGATION (No. VI) This Memorandum and Order refers only to the cases involving The Cascino Vaughan Law Offices referred to Judge Strawbridge
ORDER
AND NOW, this 17th day of August, 2011, upon consideration of plaintiffs' unfiled Petition for Rule to Show Cause Against Various Defendants and their Attorneys, and the responses thereto, it is, for the reasons set out in the Explanation of this date, hereby ORDERED that:
(1) The Clerk of Court is directed to file the following documents, which are attached to this Order, on the 01-MD-875 docket:
(a) "Plaintiffs' Petition for Rule to Show Cause Against Various Defendants and their Attorneys", along with Exhibits A-C to that Petition;(2) Plaintiff's Petition is DENIED.
(b) "Certain Defendants and their Attorneys' Response to Plaintiffs' Petition for Rule to Show Cause", along with Exhibits A-G to that response;
(c) "Ericsson Inc.'s Response to Plaintifs' Petition for Rule to Show Cause Against Various Defendants and their Attorneys", along with Exhibits A-F to that response.
(3) Plaintiff's request for costs and fees is DENIED.
(3) Defendants' request for costs and fees is DENIED.
We perceive that Defendants' requests for costs and fees has some merit. We decline, however, to direct that those costs or fees be paid by Plaintiffs in light of the fact that there has been nothing presented to indicate that the Respondents approached Plaintiffs with a request that they withdraw the motion prior to expending the costs associated with the preparation of the filing of their response. See E.D. Pa. Loc. R. Civ. P. 26.1(f)
BY THE COURT:
DAVID R. STRAWBRIDGE
UNITED STATES MAGISTRATE JUDGE