Opinion
Case No. 2:99-CV-0896B.
April 4, 2005
ORDER DENYING DEFENDANT HONEYWELL INTERNATIONAL INC.'S MOTION FOR SUMMARY JUDGMENT
AND NOW, this 4th day of April, 2005, upon consideration of Defendant Honeywell International Inc.'s Motion for Summary Judgment, and Plaintiffs' Response thereto, it is hereby ORDERED that said Motion is DENIED without prejudice to refile same upon completion of the discovery referenced below.
It is further ORDERED as follows:
1. Within fourteen (14) days of the date of this Order, Defendant Honeywell International Inc. shall produce all records which evidence the dates of manufacture, shipment, and maintenance/repairs of the KC 295 Flight Computer and Adapter Card originally installed in the subject aircraft and all documents which evidence the dates of manufacture, shipment, and maintenance/repairs to KC 295 Flight Computer and Adapter Card installed in the aircraft at the time of the accident;
2. Within fourteen (14) days of the date of this Order, Defendant Honeywell International Inc. shall produce all documents which relate to contacts or communications with the Federal Aviation Administration, or any other regulatory agency, in relation to Service Bulletin KC 295 Adapter ALERT Mod 8, Defendant's request to the Federal Aviation Administration for an Airworthiness Directive, and/or removal of Diodes CR438 and CR439 from the KC 295 Adapter Card, including but not limited to all documents referenced in Defendant's letter to the Federal Aviation Administration dated February 12, 1987 and the Federal Aviation Administration's letter in response thereto.
3. Plaintiffs shall be permitted to take the depositions of former Honeywell employee, Ralph Cole (or a suitable alternative) and FAA employee Robert Gambrill (or a suitable alternative). Defendant shall provide Plaintiffs with the last known address for Mr. Cole within ten (10) days hereof. Plaintiffs will use their best efforts to complete these depositions within sixty (60) days of the date of this Order.