Opinion
01 Civ. 11628 (AKH).
July 24, 2002
PROVISIONAL ORDER GRANTING GOVERNMENT'S MOTION TO INTERVENE, FOR CONSOLIDATION, AND FOR A STAY OF DISCOVERY, AND ORDER REGARDING "DOE" PLAINTIFFS
WHEREAS, on June 28, 2002, the Transportation Security Administration, by and through the United States of America (the "Government"), moved, by application for an Order to Show Cause, to intervene in this action for the purpose of seeking enforcement of statutory and regulatory non-disclosure requirements concerning aviation-related Sensitive Security Information ("SSI"), to consolidate all actions for wrongful death, personal injury, and property damage or business loss currently pending or hereinafter filed in this Court pursuant to the Air Transportation Safety and System Stabilization Act, Pub.L. No. 107-42 § 408(b)(3), 115 Stat. 230, 241 (2001) (the "Act"), for the purpose of coordinating all SSI-related discovery, and to stay discovery in the consolidated actions pending implementation of a consolidated discovery plan; and
WHEREAS the Court has received written responses to the Order to Show Cause from counsel for plaintiff Ellen Mariani, counsel for United Air Lines, Inc., counsel for American Airlines, Inc., and various counsel representing numerous putative plaintiffs; and
WHEREAS, on July 12, 2002, the Court heard argument from counsel for the Government, plaintiffs, and defendants, as well as counsel for numerous putative plaintiffs;
NOW, THEREFORE, IT IS ORDERED THAT the Government's motion to intervene in this action is hereby granted; and
IT IS FURTHER ORDERED THAT, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, all actions for wrongful death, personal injury, and property damage or business loss currently pending or hereinafter filed pursuant to the Act against any airline and/or airline security company, including American Airlines, Inc., United Air Lines, Inc., Argenbright Security, Inc., Globe Aviation Services Corp., and Huntleigh USA Corp. (all such cases, collectively, the "Consolidated Actions"), are hereby consolidated for purposes of pretrial proceedings; and
IT IS FURTHER ORDERED THAT the Clerk of Court shall enter this Order on the docket of each of the Consolidated Actions, which to date include: Mariani v. United Air Lines, Inc., 01 Civ. 11628; Doe v. American Airlines, Inc. et al, 02 Civ. 452; Does 1 and 2 v. United Airlines, Inc. et al.,02 Civ. 456; Doe v. United Air Lines, Inc. et al., 02 Civ. 458; Sweeney v. United Airlines, Inc. et al., 02 Civ. 1727; Miller et al. v. United Airlines, Inc. et al., 02 Civ. 1728; Smithwick v. American Airlines, Inc. et al., 02 Civ. 2669; Koutny v. United Airlines, Inc. et al., 02 Civ. 2802; World Trade Farmers Market et al. v. United Air Lines, Inc. et al., 02 Civ. 2987; Tower Computer Services, Inc. v. American Airlines, Inc. et al., 02 Civ. 3295; Doe v. American Airlines, Inc. et al., 02 Civ. 3676; and Pitt v. American Airlines, Inc. et al., 02 Civ. 4365; and
IT IS FURTHER ORDERED THAT this consolidation order is provisional and may be amended upon application to the Court; and
IT IS FURTHER ORDERED THAT discovery in the Consolidated Actions is hereby stayed, subject to further order of the Court at its next case management conference, presently scheduled as provided below; and
IT IS FURTHER ORDERED THAT a status conference will be held in the Consolidated Actions on Friday, September 20, 2002, at 2:00 p.m.; and
IT IS FURTHER ORDERED THAT counsel for the Government shall serve all orders of the Court upon counsel identified on the attached or any expanded or modified service list, as noticed by newly-filed parties or by the Court (the "Service List"); and
IT IS FURTHER ORDERED THAT, no later than September 13, 2002, counsel for plaintiffs and putative plaintiffs, and counsel for defendants shall file with the Court and serve upon counsel identified on the Service List, recommendations regarding the organization of plaintiffs' committees and defendants' committees, if any, identifying that which is suggested by consensus, and that which is suggested by one or more identified counsel but not agreed to by the rest; and
IT IS FURTHER ORDERED THAT, no later than September 13, 2002, counsel for the Government shall file with the Court and serve upon counsel identified on the Service List recommendations regarding proposed security procedures governing discovery involving protected Sensitive Security Information; and
IT IS FURTHER ORDERED THAT defendants in the Consolidated Actions will, upon written request of any current plaintiff except those plaintiffs suing under pseudonyms, serve answers upon such plaintiffs, no later than July 31, 2002, which date may be extended by agreement of the affected parties, and defendants' time to serve answers in the remaining Consolidated Actions is hereby adjourned until further order of the Court; and
IT IS FURTHER ORDERED THAT all proceedings before the Honorable James C. Francis IV, United States Magistrate Judge, involving plaintiffs in the Consolidated Actions, are hereby sealed; and
IT IS FURTHER ORDERED THAT plaintiffs in the Consolidated Actions who filed their complaints under pseudonyms, including plaintiffs in Doe v. American Airlines, Inc. et al, 02 Civ. 452; Does 1 and 2 v. United Airlines, Inc. et al., 02 Civ. 456; Doe v. United Air Lines, Inc. et al., 02 Civ. 458; and Doe v. American Airlines, Inc. et al., 02 Civ. 3676, shall file amended complaints under their own names, or file motions seeking to preserve their anonymity, no later than August 13, 2002. Defendants in the Consolidated Actions will, upon written request of any such plaintiff, serve answers upon such plaintiffs no later than twenty days after service of an Amended Complaint utilizing the name of the plaintiff, or no later than five days after such time as a motion seeking to preserve anonymity is decided by this Court, whichever time period is greater; these dates may be extended by agreement of the affected parties.