On December 10, 2020 a
Motion-Secondary
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
STATE OF NEW YORK
SUPREME COURT : EIGHTH JUDICIAL DISTRICT
In Re: Eighth Judicial District EIGHTH JUDICIAL
Asbestos Litigation DISTRICT ASBESTOS
LITIGATION
This Document Applies to:
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
PATSY YOUNG, 2nd AMENDED DISCOVERY
AND TRIAL SCHEDULING
Plaintiff, ORDER
v. Erie County
Index No. 815818/2020
AVENTIS INC., et al,
Defendants.
Upon the Pretrial Conference held herein on September 19, 2022, and upon agreement of
counsel for plaintiff and defendants, it is hereby
Ordered that this action is scheduled for jury selection on May 23, 2023, and that in
amendment of the discovery and trial submission schedule annexed hereto as Exhibit “A,” the
second amended discovery and trial submission schedule annexed hereto as Exhibit “B” is
adopted.
_________________________________________
HON. EDWARD A. PACE, J.S.C.
ENTERED: October ___, 2022
Patsy Young v. Aventis Inc., et al.
Eighth Judicial District Asbestos Litigation – Erie County, Index # 815818/2020
Pretrial Conferences Scheduled for: January 16, 2022
April 3, 2023
May 1, 2023
Jury Selection Scheduled for: May 23, 2023
DISCOVERY AND TRIAL SUBMISSION SCHEDULE
3/23/2021 To extent not already provided, plaintiff to serve responses to defendants’
Completed standard interrogatories and document requests and defendants’ standard
Article 16 interrogatories and document requests; provide copies of all medical
records and reports, personnel, union, earnings, social security, worker’s
compensation and tax documents in his/her/their possession; and provide
written authorizations on defendants.
3/23/2021 Defendants to serve non-repetitive, supplemental interrogatories upon plaintiff.
Completed Plaintiff to serve responses to defendants’ non-repetitive, supplemental
interrogatories within 60 days following service.
3/30/2021 Plaintiff to serve non-repetitive, supplemental interrogatories or notice(s) to
Completed produce. Defendants to serve responses to plaintiff’s non-repetitive,
supplemental discovery within 60 days following service.
3/30/2021 Plaintiff to provide names and addresses of all product identification witnesses
Completed known to date, together with a list of the expected jobsites/shared residences
with the decedent; and defendants about which each witness is expected to offer
testimony. Plaintiff may amend and/or supplement this list at any time prior to
the date on which plaintiff is to respond to defendants’ product identification
letters. Plaintiff to serve Proof of Claim information to the extent any Proofs of
Claim have been filed (or to be provided within 30 days of submission to Trust,
whichever is sooner).
3/30/2021 Date of commencement of depositions
4/20/2021 Plaintiff to provide all original medical materials to defendants. Plaintiff
Completed undertakes the duty to locate and obtain possession of all original medical
materials and to provide them to the defendants.
4/27/2021 Plaintiff to serve medical expert designations and information.
Completed
5/25/2021 Plaintiff’s deposition to be completed.
Completed
2/01/2022 Plaintiff to provide updated copies of all medical records and reports, personnel,
Completed union, earnings, social security, worker’s compensation and tax documents in
his/her/their possession; and provide updated written authorizations on
defendants.
2/07/2022 Pretrial conference.
Completed
2/28/2022 Defendants to serve responses to plaintiff’s non-repetitive, supplemental
Completed discovery.
3/02/2022 Last day for defendants to file third party actions.
Completed
3/02/2022 Last day for defendants to forward product and/or premises identification
Completed letters.
3/22/2022 Last day for plaintiff to respond to product and/or premises identification
Completed letters.
4/20/2022 All depositions to be completed with the exception of depositions of
Completed defendants, spouse/surviving spouse, children/distributees, and/or estate
representative, which may be conducted until jury selection, except as to those
witnesses who will offer product identification testimony at trial.
11/3/2022 Plaintiff to respond to economic loss damages discovery.
12/02/2022 Plaintiff to serve updated medical expert designations and information.
1/16/2023 Pretrial conference.
1/31/2023 Plaintiff to serve trial witness and exhibit lists
1/31/2023 Plaintiff to serve and file notes of issue and statements of readiness and to serve
on each defendant a settlement demand.
2/7/2023 Defendants to serve summary judgment motions.
2/28/2023 Plaintiff to serve responses to summary judgment motions.
3/21/2023 Defendants to serve replies to plaintiff’s responses to summary judgment
motions.
3/28/2023 Defendants to serve expert designations and information, all trial witness and
exhibit lists
4/3/2023 Pretrial conference and argument of summary judgment motions.
4/18/2023 Plaintiff and Defendants to file all motions in limine.
4/24/2023 Plaintiff and all remaining defendants to send the Court a brief CONFIDENTIAL
statement or memorandum no later than five (5) days prior to the final settlement
pretrial conference, which should include the following:
Counsel for Plaintiff is to provide the Court with an ex parte confidential
Settlement Memorandum containing: 1) background of case and of plaintiff or
plaintiff’s decedent, 2) list of remaining defendants, 3) allegations of exposure,
factual predicate for liability for each defendant, 4) the amount of each demand
and 5) the law firm’s settlement history or range with cases involving a similar
fact pattern.
Counsel for each remaining Defendant(s) is to provide the Court with an ex parte
confidential Settlement Memorandum containing: 1) the amount offered for
settlement, 2) factual predicate of defenses to be set forth preventing or limiting
settlement, and 3) the law firm’s settlement history or range with cases involving
a similar fact pattern and defenses.
These memoranda are for in-camera ex parte review by the Court only and
should be sent to the attention of James Granville at jgranvil@nycourts.gov.
5/1/2023 Final Settlement Pretrial conference
5/2/2023 Plaintiffs and defendants to serve opposition to all motions in limine.
5/9/2023 Plaintiff and defendants to serve counter submissions and to serve all replies to
motions in limine.
5/23/2023 Jury selection and argument of motions in limine
Exhibit B
Preview
STATE OF NEW YORK SUPREME COURT : EIGHTH JUDICIAL DISTRICT In Re: Eighth Judicial District EIGHTH JUDICIAL Asbestos Litigation DISTRICT ASBESTOS LITIGATION This Document Applies to: STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE PATSY YOUNG, 2nd AMENDED DISCOVERY AND TRIAL SCHEDULING Plaintiff, ORDER v. Erie County Index No. 815818/2020 AVENTIS INC., et al, Defendants. Upon the Pretrial Conference held herein on September 19, 2022, and upon agreement of counsel for plaintiff and defendants, it is hereby Ordered that this action is scheduled for jury selection on May 23, 2023, and that in amendment of the discovery and trial submission schedule annexed hereto as Exhibit “A,” the second amended discovery and trial submission schedule annexed hereto as Exhibit “B” is adopted. _________________________________________ HON. EDWARD A. PACE, J.S.C. ENTERED: October ___, 2022 Patsy Young v. Aventis Inc., et al. Eighth Judicial District Asbestos Litigation – Erie County, Index # 815818/2020 Pretrial Conferences Scheduled for: January 16, 2022 April 3, 2023 May 1, 2023 Jury Selection Scheduled for: May 23, 2023 DISCOVERY AND TRIAL SUBMISSION SCHEDULE 3/23/2021 To extent not already provided, plaintiff to serve responses to defendants’ Completed standard interrogatories and document requests and defendants’ standard Article 16 interrogatories and document requests; provide copies of all medical records and reports, personnel, union, earnings, social security, worker’s compensation and tax documents in his/her/their possession; and provide written authorizations on defendants. 3/23/2021 Defendants to serve non-repetitive, supplemental interrogatories upon plaintiff. Completed Plaintiff to serve responses to defendants’ non-repetitive, supplemental interrogatories within 60 days following service. 3/30/2021 Plaintiff to serve non-repetitive, supplemental interrogatories or notice(s) to Completed produce. Defendants to serve responses to plaintiff’s non-repetitive, supplemental discovery within 60 days following service. 3/30/2021 Plaintiff to provide names and addresses of all product identification witnesses Completed known to date, together with a list of the expected jobsites/shared residences with the decedent; and defendants about which each witness is expected to offer testimony. Plaintiff may amend and/or supplement this list at any time prior to the date on which plaintiff is to respond to defendants’ product identification letters. Plaintiff to serve Proof of Claim information to the extent any Proofs of Claim have been filed (or to be provided within 30 days of submission to Trust, whichever is sooner). 3/30/2021 Date of commencement of depositions 4/20/2021 Plaintiff to provide all original medical materials to defendants. Plaintiff Completed undertakes the duty to locate and obtain possession of all original medical materials and to provide them to the defendants. 4/27/2021 Plaintiff to serve medical expert designations and information. Completed 5/25/2021 Plaintiff’s deposition to be completed. Completed 2/01/2022 Plaintiff to provide updated copies of all medical records and reports, personnel, Completed union, earnings, social security, worker’s compensation and tax documents in his/her/their possession; and provide updated written authorizations on defendants. 2/07/2022 Pretrial conference. Completed 2/28/2022 Defendants to serve responses to plaintiff’s non-repetitive, supplemental Completed discovery. 3/02/2022 Last day for defendants to file third party actions. Completed 3/02/2022 Last day for defendants to forward product and/or premises identification Completed letters. 3/22/2022 Last day for plaintiff to respond to product and/or premises identification Completed letters. 4/20/2022 All depositions to be completed with the exception of depositions of Completed defendants, spouse/surviving spouse, children/distributees, and/or estate representative, which may be conducted until jury selection, except as to those witnesses who will offer product identification testimony at trial. 11/3/2022 Plaintiff to respond to economic loss damages discovery. 12/02/2022 Plaintiff to serve updated medical expert designations and information. 1/16/2023 Pretrial conference. 1/31/2023 Plaintiff to serve trial witness and exhibit lists 1/31/2023 Plaintiff to serve and file notes of issue and statements of readiness and to serve on each defendant a settlement demand. 2/7/2023 Defendants to serve summary judgment motions. 2/28/2023 Plaintiff to serve responses to summary judgment motions. 3/21/2023 Defendants to serve replies to plaintiff’s responses to summary judgment motions. 3/28/2023 Defendants to serve expert designations and information, all trial witness and exhibit lists 4/3/2023 Pretrial conference and argument of summary judgment motions. 4/18/2023 Plaintiff and Defendants to file all motions in limine. 4/24/2023 Plaintiff and all remaining defendants to send the Court a brief CONFIDENTIAL statement or memorandum no later than five (5) days prior to the final settlement pretrial conference, which should include the following: Counsel for Plaintiff is to provide the Court with an ex parte confidential Settlement Memorandum containing: 1) background of case and of plaintiff or plaintiff’s decedent, 2) list of remaining defendants, 3) allegations of exposure, factual predicate for liability for each defendant, 4) the amount of each demand and 5) the law firm’s settlement history or range with cases involving a similar fact pattern. Counsel for each remaining Defendant(s) is to provide the Court with an ex parte confidential Settlement Memorandum containing: 1) the amount offered for settlement, 2) factual predicate of defenses to be set forth preventing or limiting settlement, and 3) the law firm’s settlement history or range with cases involving a similar fact pattern and defenses. These memoranda are for in-camera ex parte review by the Court only and should be sent to the attention of James Granville at jgranvil@nycourts.gov. 5/1/2023 Final Settlement Pretrial conference 5/2/2023 Plaintiffs and defendants to serve opposition to all motions in limine. 5/9/2023 Plaintiff and defendants to serve counter submissions and to serve all replies to motions in limine. 5/23/2023 Jury selection and argument of motions in limine Exhibit B