CT-1, CT-2, CT-4, CT-5 CASES

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1 EFiled Jun :46PMEDT Transaction ID IN RE: BALTIMORE CITY PERSONAL INJURY ASBESTOS CASES PROPOSED CONSOLIDATION IN THE CIRCUIT COURT FOR BALTIMORE CITY CT-1, CT-2, CT-4, CT-5 CASES CASE NO.: 24X PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION FOR ASBESTOS CASE CONSOLIDATION AND ADOPTION OF TRIAL PLAN CONSOLIDATION III Plaintiffs, represented by the Law Offices of Peter G. Angelos, P.C. ( Angelos ), present this Memorandum in Support of their Motion for Consolidation and Adoption of Trial Plan. The resulting consolidation will here be referred to as Consolidation III. Introduction There are more than 13,000 non-mesothelioma personal injury asbestos cases docketed and pending in the Circuit Court for Baltimore City that are represented by the Law Offices of Peter G. Angelos, P.C. 1 Many of these asbestos cases have been on the docket since the mid-1990s (some, since the mid-1980s) and, based on experience, it is likely that the present asbestos case docket will not be resolved in the near future. Consolidation is particularly appropriate in the instant circumstances, where an expeditious 1 The number of docketed asbestos-related cases includes cases of non-malignant asbestosis and pleural disease, as well as cases of respiratory system cancer, upper and lower gastrointestinal system cancer, head, neck and throat cancer, pancreatic cancer and kidney cancer.

2 disposition of thousands of common issue cases will be accomplished. Maryland Rule authorizes the requested Consolidation: Rule Consolidation; separate trials (a) Consolidation: (1) When Permitted. When actions involve a common question of law or fact or a common subject matter, the court, on motion or on its own initiative, may order a joint hearing or trial or consolidation of any or all of the claims, issues or actions. *** The court may enter any order regarding the proceeding, including the filing and serving of papers, that will tend to avoid unnecessary costs or delay. The Law Offices of Peter G. Angelos, P.C. has litigated, settled and, when necessary, tried to verdict and judgment thousands of personal injury asbestos cases that were consolidated for litigation and trial in the Circuit Court for Baltimore City. Previous consolidated groups of Angelos asbestos cases have resulted in the final resolution of docketed cases that individually would have required many additional years to resolve. The History In 1989, the Baltimore City Circuit Court estimated that the Court system was then capable of resolving up to 200 asbestos cases per year. The influx of asbestos case filings by the Law Offices of Peter G. Angelos and other Plaintiffs counsel far exceeded the ability of the Court to resolve the cases in a timely fashion, resulting in an increasingly large backlog of asbestos cases that could not be scheduled for trial and were incapable of resolution. Baltimore City Administrative Judge Joseph Kaplan deemed the increasing backlog of asbestos cases to be unacceptable. The Court conducted hearings to determine an appropriate and fair procedure to timely resolve the asbestos docket. Initially, a Special Master was appointed to preside over a Courtsponsored ADR system, which was ultimately unsuccessful. Judge Kaplan requested that the Law 2

3 Offices of Peter G. Angelos propose a method to consolidate the Angelos asbestos cases for litigation and trial on common issues pursuant to Maryland Rule 2-503(a)(1). By Motion and Supporting Memorandum, the Law Offices of Peter G. Angelos moved to consolidate all of the Angelos asbestos cases for litigation and trial on certain common issues. The Angelos proposal was extended to all cases docketed in the Circuit Court for Baltimore City including those docketed cases represented by other Plaintiffs counsel. The Baltimore City Circuit Court invited transfer of asbestos cases docketed in the various Maryland counties, and ultimately 8,549 personal injury asbestos cases involving six Defendants were consolidated for litigation and trial in what became known as Consolidation I. To provide the trier of fact with a basis to understand how and why the asbestos case common issues relate to the parties, the Circuit Court ordered selection of six illustrative trial Plaintiff cases to be tried to verdict on all issues, including asbestos exposure, medical causation and damages. Inclusion of individual cases tried to verdict on all issues within a common issues trial is a consolidation trial format that has been utilized and affirmed by Appellate Courts in Maryland and elsewhere. See ACandS, Inc. v. Godwin, supra, 340 Md. 334, ; 667 (1995); ACandS, Inc. v. Abate, 121 Md. App. 590 (1998) abrogated on other grounds by John Crane, Inc. v. Scribner, 369 Md. 369 (2002); In re E. & S. Districts Asbestos Litig., 772 F.Supp (E.D.N.Y. 1991) aff d in part, rev d in part on other grounds sub nom., In re Brooklyn Navy Yard Asbestos Litig., 971 F.2d 831 (2d Cir. 1992); Johnson v. Celotex Corp., 899 F.2d 1281 (2 nd Cir), cert. denied, 498 U.S. 920 (1990). 2 2 Plaintiffs proposal for consolidation of these cases comports with the elements of consolidation of mass tort asbestos personal injury cases described by the United States District Court for the District of Maryland. That Maryland Court long-ago established factors for 3

4 By design, Consolidation I did not resolve all of the numerous asbestos defendant derivative deemed cross-claims, third-party claims and claims for indemnification among the litigated issues, because most of these were severed for a later resolution that ultimately required a second consolidated trial. Consolidation I generated consolidated settlements between Plaintiffs and nine asbestos Defendants. The case was tried to verdict on common issues related to all of the Plaintiffs, and six Defendants, while the six trial Plaintiffs cases were tried to verdict on all issues, including compensatory and punitive damages. Consolidation I jury findings and compensatory damages awards were announced after a 6 month trial. The consolidated common issue, trial plaintiff format was upheld by the Court of Appeals in ACandS, Inc. v. Godwin, supra; see Ragin v. Porter Hayden Co., 133 Md. App. 116, 124 (2000). The punitive damages verdicts and multiplier format were reversed. The Circuit Court imposed a case-inclusion cutoff date in Consolidation I. Most of the asbestos cases docketed in the Circuit Court for Baltimore City on or before October 1, 1990 were included in Consolidation I. The Angelos firm filed hundreds of additional personal injury asbestos cases during the months following the Consolidation I cut-off date, as did other Plaintiff law firms with the result that more than 1,200 after-filed asbestos cases were docketed in the Circuit Court for Baltimore City by mid consolidation of asbestos personal injury cases to determine whether the consolidated cases involve sufficiently common questions of law, fact or subject matter pursuant to Fed. R. Civ. P. 42 (Consolidation; Separate Trials) (the guidelines include: common exposure sites and occupations, similar defendants, similar impact, same counsel). See In re: All Asbestos Cases Pending in the United States District Court for the District of Maryland, (D.Md., December 16, 1983)(en banc). Federal Rule 42 is consistent with Md. R. Civ. P (a). 4

5 Upon completion of Consolidation I, the Circuit Court sought a procedure to resolve the Consolidation I derivative cross, third-party and indemnification claims as well as the after-filed asbestos cases. On motion of the Law Offices of Peter G. Angelos, the Circuit Court ordered all Consolidation I derivative, cross, third-party and indemnity claims and the after-filed cases to be consolidated for discovery, litigation and trial on common issues. This resulting consolidated litigation was assigned to the Honorable Richard T. Rombro and became known as Consolidation II. The Circuit Court Trial Plan included selection by Plaintiffs counsel of ten trial Plaintiff cases to be tried to verdict on all issues, including compensatory and punitive damages. Consolidation II went to trial with five trial Plaintiff cases tried to verdict on all issues. 3 The Circuit Court imposed an October 1, 1993 case-inclusion cut-off date. The Consolidation II trial, that began on June 20, 1994, ended on February 19, 1995 with jury resolution of all of the direct and derivative common issues related to nearly 10,000 asbestos personal injury claims. The Consolidation II common issue, trial plaintiff and mini trial format was upheld by the Maryland Court of Special Appeal in ACandS, Inc. v. Abate, 121 Md. App. 590 (1998), cert. denied, 350 Md. 487 (1998), cert. denied, 525 U.S. 1171, 119 S.Ct (1999); see also Ragin, supra, 133 Md. App. 116, 124. Punitive damages multipliers awarded against two Defendants were stricken by Judge Rombro on Motions J.N.O.V.; the punitive damages multiplier awarded against Defendant Rapid American Corporation was affirmed by the trial court after arguments post-trial. A number of consolidated settlements were reached before, and as the result of trial of cases in mini-trial groupings. Some Plaintiff and 3 Defendant Westinghouse removed 534 cases to Federal Court, including four of the ten trial Plaintiff cases. One trial Plaintiff case was settled as the Consolidation II trial began. These five were not replaced. 5

6 Defendant verdicts were reached by jurors in mini-trials. Assuming the need of litigation and trial, it would have required nearly 35 years to resolve the asbestos docket that Consol I and II resolved via consolidated settlements and trial in less than ten years. Other jurisdictions have successes with consolidation of personal injury asbestos cases. See, e.g., Cimino, et al. v. Raymark Industries, Inc., et al., 151 F.3d 297 (5 th Cir. 1998) (900 Plaintiff cases); Jenkins v. Raymark Industries, Inc., 782 F.2d. 468 (5 th Cir. 1986) (3,000 Plaintiff cases); E. & S. Districts Asbestos Litig. supra; Johnson, supra. 4 In the Circuit Court for Baltimore County, the Law Offices of Peter G. Angelos recently litigated and tried to verdict on all issues, including punitive damages, the consolidated case of Allison, et al. v. Exxon Mobil Corporation, Case No. 03-C Though not a common issues consolidated trial, Allison included 160 households and business entities among which were 472 individual Plaintiff property damage-based claims. Individually, the issues would have required many years to litigate and to try to verdict requiring transactional expenses that would have been prohibitive. The Allison consolidated trial required six months to try to verdict. Post-trial filings and arguments required an additional five months to resolve. Judgments are now final and Exxon Mobil Corporation has noted its intent to appeal. The Maryland Court of Appeals has accepted certiorari and will hear arguments in November. Other Angelos multi-plaintiff consolidated groundwater contamination cases are pending in Maryland U.S. District and Circuit Courts. Consistent with practice followed in Consolidation II, Consolidation III should include 4 See also In re Asbestos Personal Injury Cases, Abrams et al. (Jackson Co, Cir. Ct., 19 th Jud. Dist. Miss. 1993) (9,600 Plaintiff cases); Turley v. Owens-Corning Fiberglas In re Asbestos Case, Nos. 84-C-3321 (Cir. Ct., Kanawha Co., W. Va., Feb. 15, 1989) (thousands of Plaintiff cases in multiple groupings). 6

7 a group of illustrative cases from among the group of more than 13,000 Consolidation III cases, that will be tried to verdict and final judgment on all issues, including compensatory and punitive damages. Given the number of cases and the broad spectrum of asbestos-related disease processes of the cases, fifteen illustrative trial Plaintiff cases should be selected, and the Consolidation II trial Plaintiff selection procedure that was incorporated by Judge Rombro should be followed in Consolidation III. The trial Plaintiff cases should be selected by Plaintiffs counsel based on the asbestos product exposures, jobsites and disease processes of the Consolidation III cases. Consistent with past practice, then available trial Plaintiff medical, jobsite, and product identification information will be provided to defense counsel for each of the trial Plaintiff cases. The Law Offices of Peter G. Angelos is experienced and effective in the art of mass tort litigation, trial and settlement via consolidation. Individual Angelos attorneys responsible for Consolidation I, Consolidation II and Allison are counsel of record in the captioned Motion. Common Issues In asbestos litigation, there are several issues that are common to every case. See Jenkins, supra, 782 F.2d 468 (1986) (affirming class certification in asbestos litigation). In Jenkins, the 5 th Circuit agreed with the trial judge, who observed: [e]vidence concerning state of the art varies little as to individual plaintiffs and consumes a major part of the time for its presentation. Considerable savings both for the court and the litigants could be gained by resolving this and other defense-related questions including product identification, product defectiveness, conspiracy, fraud, gross negligence and punitive damages in one class trial. 5 5 See also the Memorandum Opinion and Order of Consolidation of the Hon. Marshall A. Levin that created Consol I at pg. 12: [t]his court finds that there are common issues to each one of the Baltimore City cases, namely, the issues of state of the art, product identification, product defectiveness, tort liability defenses, and punitive damages... Judge Levin s Order laid out the 7

8 It is well established through asbestos litigation that certain trades worked regularly with and around certain asbestos-containing products at certain types of job sites. It is well established that, at these job sites, there was frequent exposure to respirable asbestos fibers released from asbestos-containing products that regularly exposed those in the area to asbestos fiber. See Scapa Dryer Fabrics, Inc. v. Saville, 418 Md. 496, 511 (2011); Roehling v. National Gypsum Co., 786 F.2d 1225, 1228 (4 th Cir. 1986); Lohrman v. Pittsburgh Corning Corp., 782 F.2d 1156, (4 th Cir 1986). Asbestos product identification and asbestos product fiber release are therefore subject to resolution in this consolidated format. Degree of Plaintiff exposure has been established by the combination of job site and employment records, fact witness testimony and expert testimony. Individual Plaintiff injuries and causation are established by medical opinion testimony. A consolidated trial including presentation of medical evidence in all of the consolidated cases would be impracticable. Evidence adduced in the trial Plaintiff cases will illustrate the ways in which the common issues relate to individual causation and damages. TRIAL PLAN consolidation procedures that were followed in Consol I and II. 8

9 Procedure The present Motion contemplates limited additional discovery among the parties. The common issues/trial Plaintiff trial should be heard by a single jury in two phases. All other cases should be heard by separate juries in separate phases: A. Phase I - common issues and defenses; tort liability and defenses; illustrative trial Plaintiff exposure, injury, causation and damages; derivative claims and defenses; punitive liability and defenses; and B. Phase II - punitive damages amounts, in the illustrative trial Plaintiff cases. C. Phase III - Mini-trials will be heard by separate juries to resolve individual product exposure, medical causation, individual damages and contribution claims in the consolidated non-trial Plaintiff cases. Discovery Plaintiffs propose uniform discovery and that certain basic rules and definitions apply to the discovery for the consolidated action. Plaintiff-specific discovery will be restricted to the illustrative trial Plaintiff cases. All other Plaintiff-specific discovery will be conducted in conjunction with mini-trial consolidations. Plaintiffs refer the Court to the Discovery Guidelines of the Maryland State Bar Association, 1 Md. Rules at 252 et seq. (2011) and ask the Court to adopt the following DISCOVERY RULES: 1. Angelos will provide to all parties a listing of all of the Consolidation III case numbers; copies of illustrative trial Plaintiff medical records, jobsite work history, Social Security print out, and settlement background. 2. Duplication of existing discovery shall be avoided. 9

10 3. Discovery is hereby permitted in Consolidation III to the following extent: A. The parties may obtain discovery regarding any matter, not privileged, which is relevant to the common issues and illustrative trial Plaintiff cases consolidated for trial. B. Defendants may jointly serve on the Plaintiffs a defendants master set of interrogatories not to exceed 30 in number concerning the illustrative trial Plaintiff cases. C. Each defendant may serve a set of supplemental interrogatories not to exceed 15 in number specifically dealing with the common issues. D. Each defendant asserting derivative cross-claims, third-party claims and/or indemnity claims may serve up to 15 interrogatories on each derivative defendant. E. Each derivative defendant may serve up to 15 interrogatories on each derivative claimant. F. Plaintiffs may serve a Plaintiffs master set of interrogatories on each defendant that has not participated in prior asbestos litigation in the Baltimore City Circuit Court, not to exceed 30 in number concerning the common issues consolidated for trial. G. Each trial Plaintiff may serve, on each defendant regardless of participation in prior asbestos litigation in the Circuit Court for Baltimore City, a set of supplemental interrogatories not to exceed 15 in number specifically dealing with issues as they relate to the trial Plaintiff. 10

11 H. No part of an interrogatory shall be left unanswered merely because an objection is interposed to another part of the interrogatory. In addition, all parties shall provide detailed and specific answers to the interrogatories propounded. I. All experts who testify at trial shall be identified consistent with the Court s Pre-trial Scheduling Order. Identification of an expert shall include an up-todate curriculum vitae, a list of relevant publications authored or co-authored by the expert, a copy of any report prepared by the expert in Consolidation III or in any of the Consolidation III case(s) and/or a statement of the expert s opinions and grounds and a list of prior trial and deposition testimony of the expert. Each identified expert shall be subject to deposition, and the party who intends to call such expert at trial shall ensure the expert s attendance at the deposition without the necessity of a subpoena. J. An expert who is deposed shall be subject to cross-examination on the following matters, without limitation: (1) The names, jurisdictions, case numbers and remuneration of all cases in which the expert has testified or consulted during the 36 months preceding the deposition; (2) The background, education, experience and qualifications of the expert to render any expert opinion; (3) Opinions and grounds; and (4) Remuneration. 11

12 K. Genuine copies of all documents that are to be offered as exhibits at trial, including demonstrative exhibits, shall be subject to production upon request and pursuant to the Maryland Rules of Procedure. L. All documents to be offered as trial exhibits, produced in response to a Request for Production or in conjunction with a Request for Admission shall be assigned specific numbers under the Bates numbering system clearly identifying each and every document to be offered and/or produced. M. Up to 100 Requests for Substantive Fact Admissions may be filed by each party on any other party in accordance with the applicable Pre-Trial Milestone Schedule. N. Responses to Requests for Admissions shall be filed in accordance with the Maryland Rules. Responses on common issues shall apply in all Consolidation III cases. O. A party requesting an admission from another party in the case concerning specific documents shall serve with the request a single set of such documents. This set need be served only upon the party to whom the request is directed, which shall make the documents available for inspection and/or copying by the other defendants in the case. P. A party requesting an admission concerning a document shall Bates number the document (and any service or inspection copies of the document) and shall specifically identify the document by its Bates number in each request for admission concerning that document. 12

13 Q. Tangible evidence of a non-documentary nature, such as product samples, shall be subject to production, inspection and non-destructive testing upon request. R. Parties shall not identify any expert whom they do not, in good faith, expect to call at trial, subject to the sanction of an order precluding the testimony of each of that party s experts. Discovery other than that provided for herein shall be permitted only upon a showing of good cause. THE TRIAL Phase I of the consolidated common issue trial will adjudicate common issues and the illustrative trial Plaintiff cases: PHASE I Common Issues A. Whether a defendant s product was asbestos-containing; B. Whether a defendant s asbestos-containing product produced respirable and/or ingestable asbestos fibers sufficient to cause harm when handled, removed and/or used; C. At which types of jobsites did a defendant s asbestos-containing product substantially contribute dust that contained respirable and/or ingestable asbestos fibers; D. Whether a defendant s asbestos-containing product was capable of causing and/or contributing to the cause of an asbestos-related injury and/or disease in its handling, removal and/or use; 13

14 E. State of the Art - when a defendant knew, or should have known, that end-product users, bystanders, and their household members were at risk of contracting an asbestos-related injury and/or disease from the handling, removal or use of asbestoscontaining products; F. Whether a defendant s asbestos-containing product was defective and unreasonably dangerous; G. Common issue claim defenses; H. Derivative deemed cross-claims, third-party claims and indemnity claims and defenses; Fifteen Illustrative Trial Plaintiff Cases I. Whether a trial Plaintiff contracted an asbestos-related injury and/or disease; J. Whether exposure to a defendant s product was a substantial contributing factor in the cause of a particular trial Plaintiff s asbestos-related injury and/or disease and/or death; K. Individual trial Plaintiff defenses; L. The amount of compensation in economic and/or non-economic damages to be awarded in a trial Plaintiff s case; M. Derivative deemed cross-claim, third-party claim and indemnity claim resolution in each trial Plaintiff case; N. Whether the conduct of a defendant warrants an award of punitive damages; PHASE II Punitive Damages Awards 14

15 O. The amount of punitive damages to be awarded in an individual trial Plaintiff case. PHASE III Mini-Trials P. In all remaining Consolidation III cases, consistent with the procedure adopted by this Court in Consol I and II, individual issues of Plaintiff product exposure, Plaintiff medical injury, defendant causation, individual defenses, damage amounts and derivative claim resolution will be dealt with in mini-trial consolidated groupings of up to 25 cases. Plaintiffs submit that the common issues (Phase I, A-G) have been adjudicated and resolved to the extent that Collateral Estoppel (and/or Res Judicata) apply in the cases of particular Defendants. See Culver v. Maryland Ins. Comm r, 175 Md. App. 645, 654 (2007). Trial Date Plaintiffs propose an October 7, 2013 trial date for Consolidation III. A Pre-Trial and Trial Scheduling Order will govern the litigation and trial of Consolidation III. Plaintiffs Proposed Milestone Scheduling Order, consistent with Circuit Court practice in Baltimore City asbestos litigation, is attached hereto. See Exhibit 1. 15

16 Respectfully submitted, /s/ Peter G. Angelos Peter G. Angelos Ronald E. Richardson Theodore M. Flerlage LAW OFFICES OF PETER G. ANGELOS, P.C. One Charles Center 100 N. Charles Street, 22 nd Floor Baltimore, Maryland (410) Attorney for Plaintiffs 16

17 EXHIBIT 1

18 IN RE: BALTIMORE CITY * ASBESTOS LITIGATION PERSONAL INJURY TRIAL CLUSTER ASBESTOS CASES * CONSOLIDATION NO. * * * * * * * * * * * * PROPOSED CONSOLIDATION * IN THE * CIRCUIT COURT * FOR * BALTIMORE CITY * CT-1, CT-2, CT-4, CT-5 CASES * CASE NO.: 24X ************************************** CONSOLIDATION ORDER AND PRE-TRIAL SCHEDULE It is this day of, 2012, by the Circuit Court for Baltimore City, ORDERED, that the above listed cases are consolidated for trial and the Pre-Trial Schedule shall be as follows, subject to further order of the Court. Cases identified for trial. Plaintiffs identify the defendants they have served with process. Plaintiffs identify the parties with whom they have settled. Defendants shall notify Plaintiffs within ten (10) days of any case in which service is contested. 12/11/2012 Plaintiffs produce all claim forms and any exposure affidavits or statements submitted to any bankruptcy entity or trust, and supplement such information as necessary every sixty (60) days thereafter.

19 12/11/2012 Plaintiffs provide executed answers to interrogatories which identify each worksite where plaintiff or plaintiff s decedent worked, dates at each site, co-workers at each site, asbestoscontaining products (both type and manufacturer) at each site, and contractors installing asbestos products at each site. Plaintiffs respond to requests for production of documents and tangible things (including medical records plaintiffs have had possession of). Plaintiffs produce authorization for records. Plaintiffs produce Social Security print-out if in Plaintiff s possession. Defendants must give notice to Plaintiffs of any dispute contesting the adequacy of discovery within seven (7) days of receipt of discovery. Defendants must file any motions contesting the adequacy of discovery within fifteen (15) days of receipt of discovery. Plaintiffs shall respond within five (5) days. Any request(s) for conference with the Court shall be filed with the motion(s) or response(s). 1/15/2013 Direct defendants identify parties against whom contribution/set-off, and indemnity claims will be pursued. Claims against any party not so identified are hereby dismissed. 1/29/2013 Last day for direct defendants to serve third-party complaints. 2/12/2013 Cross and third-party defendants identify parties against whom contribution/set-off, and indemnity claims will be pursued. Claims against any party not so identified are hereby dismissed. 2/22/2013 Last day for cross-and-third party defendants to serve complaints. Plaintiffs identify fact witnesses who may testify at trial. Plaintiffs provide addresses for witnesses who they cannot voluntarily produce for deposition without a subpoena from defendants.

20 3/6/2013 Plaintiffs name expert witnesses, provide Rule 2-402(e)(1) statements, and state available dates for deposition of expert witnesses. Plaintiffs produce imaging and pathology which plaintiffs have had possession of and provide plaintiffspecific reports. 6/4/2013 Last day for deposition of plaintiffs fact witnesses who plaintiffs are able to voluntarily produce for deposition without subpoena by defendants. (Product Identification Witnesses) 6/21/2013 Plaintiffs name their most likely to use general product identification fact witnesses from the original fact witness list who have been previously deposed. Plaintiffs may supplement this list with names of any additional witnesses (1) who are specified as being made in substitution for an earlier-named witness who has become unavailable to testify at trial. The substituted witness must come from the original fact witness list or (2) whose testimony concerns job sites newly disclosed in documents or deposition testimony during the remaining time for depositions of fact witnesses. 7/8/2013 Last day for deposition of plaintiffs fact witnesses who plaintiffs are unable to voluntarily produce for deposition without a subpoena by defendants. 8/5/2013 Defendants and third-party defendants name all witnesses who may testify at trial, provide Rule 2-402(e)(1) statements, and state available dates for deposition of expert witnesses. Defendants produce/return imaging and pathology which defendants have had possession of and provide plaintiffspecific reports. Defendants provide addresses of fact witnesses they cannot voluntarily produce for deposition. Defendants provide executed answer to interrogatories which identify each worksite where plaintiff or plaintiff s decedent worked, dates at each site, co-workers at each site, and contractors installing asbestos products at each site. Defendants respond to requests for production of documents and tangible things (including medical records defendants have had possession of).

21 Plaintiffs must file any motions contesting the adequacy of discovery. Defendants shall respond within five (5) days. Any request(s) for conference with the Court shall be filed with the motion(s) or response(s). 8/5/2013 Last day for deposition of defense fact witnesses other than witnesses not subject to deposition under Judge Levin s Order dated April 16, /12/2013 Defendants name their most likely to use, general product identification fact witnesses from the original fact witness list who have been previously deposed. Defendants may supplement this list with names of any additional witnesses (1) who are specified as being made in substitution for an earlier-named witness who has become unavailable to testify at trial. The substituted witness must come from the original fact witness list or (2) whose testimony concerns job sites newly disclosed in documents or deposition testimony during the remaining time for depositions of fact witnesses. 8/19/2013 File mandatory pre-trial motions, if any. Any such motion serve on adversaries by hand, fax or e-filing. Copy provided to Judge s chambers on this date. 9/9/2013 Respond to pre-trial motions. Responses served on adversaries by hand, fax, or e-filing. Copy provided to Judge s chambers on this date. Plaintiffs' counsel provide copies of signed releases given to Bankruptcy Trusts with settlement amounts redacted. 9/16/2013 Complete all expert depositions. 9/16/2013 Pre-trial conference, 9:30. Pre-trial motions hearing. File voir dire. 10/7/2013 Jury selection and trial. SO ORDERED: Judge, Circuit Court for Baltimore City