ORDER CLOSING THREE CASES: The Clerk shall mark the following three cases in 21 MC 97, haying been settled,as closed: Bauer, et al. v. American Airlines, et al., 03 Ciy. 6105; Magnuson, et al. v. L-3 Security & Det., et al., 03 Ciy. 6838; Bishundat et al, v. AMR Corporation, et al., 03 Ciy. 7021. (Signed by Judge Alvin K. Hellerstein on 11/16/2012) (cd) (Entered: 11/16/2012)
OMNIBUS ORDER: It is hereby ORDERED, that OCME is permitted to remove and examine WTC material contained in and on any and all WTC Artifacts for which OCME deems removal and examination of WTC material appropriate, including but not limited to those WTC Artifacts made the subject of this Court's Omnibus Order dated July 7, 2009 and designated on PANYNJ Artifact Request List, those currently contained in the collection of the NS11MM or donated to or procured by the NS11MM in the future, and those in the possession of other museums, and cultural, educational or governmental/municipal entities intending to display or exhibit WTC Artifacts to the public, and it is further ORDERED, that any recipient of WTC Artifacts made the subject of this Court's Omnibus Order dated July 7, 2009 and designated on PANYNJ Artifact Request List, the NS11MM, and other museums and cultural, educational or governmental/municipal entities intending to display or exhibit WTC Artifacts to the public ("Recipient Organization"), may conduct cleaning of said Artifacts so that they are free from WTC material, and it is further ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of any remaining WTC Artifacts currently located at John F. Kennedy International Airport, Hangar 17 to any requesting Recipient Organization, and it is further ORDERED, that the Recipient Organization's possession of certain WTC Artifacts will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test any steel artifact upon ten days notice to the Recipient Organization and the Port Authority. (Signed by Judge Alvin K. Hellerstein on 3/5/2012) (lmb)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles R. Capase dated 8/26/2011 re: Counsel writes to provide the Court with an identical copy of the January 24, 2011 Under Seal Motion, attached documents and cover letter to your attention. ENDORSEMENT: I accept this letter application as the equivalent of a motion to correct the record by adding that which was inadvertently omitted. FRAP 10(e)(2)(B). I recall the inadvertently omitted documents as having been submitted to, and considered by, me incident to my "Compromising Order Authorizing Final Distribution of Settlement (1/26/11)." The documents attached to this letter shall be added to the record of this case. (Signed by Judge Alvin K. Hellerstein on 8/31/2011) (ab)
ORDER: that the Port Authority is permitted to allow the New York City Office of the Chief Medical Examiner (OCME) to remove and examine WTC material contained in and on an FDNY SUV (identified on PANYNJ Artifact Request List as D-011), and to allow the New York State Museum to clean the ambulance prior to its physical transfer from John F. Kennedy International Airport, Hangar 17 to its permanent home at the New York State Museum. (Signed by Judge Alvin K. Hellerstein on 8/3/2011) (tro)
ORDER: it is hereby ORDERED, that the Port Authority is permitted to allow the Office of Chief Medical Examiner (OCME) to remove and examine WTC material contained in and on an FDNY ambulance (identified on PANYNJ Artifact Request List as D-0004), and to allow the National September 11 Memorial and Museum of the World Trade Center("NS11MM") to clean the ambulance prior to its physical transfer from John F. Kennedy International Airport, Hangar 17 to its permanent home at the NS11MM. (Signed by Judge Alvin K. Hellerstein on 7/7/2011) (js)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert P. Conlon, dated 3/17/2011, re: Please remove my name (Robert P. Conlon) and my firm (Walker Wilcox Matousek LLP) from the service list for this matter. Since starting my new firm in 2005, we have never entered an appearance and do not represent Globe Aviation Services Corp. ENDORSEMENT: SO ORDERED. Attorney Robert P. Conlon terminated. (Signed by Judge Alvin K. Hellerstein on 3/18/2011) (lnl)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles R. Capace dated 3/2/11 re: This letter supplements my letter of February 15, 2011 and is in further response to your Order of January 31, 2011. ENDORSEMENT: The entries listed in this letter should be unsealed. (Signed by Judge Alvin K. Hellerstein on 3/17/2011) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles R. Capace dated 2/15/2011 re: As requested by the Court, below is a list of the docket entries that, to the best of my understanding, relate solely to this case, 03cv6940, and could be properly unsealed and made available to the public. ENDORSEMENT: The identified items shall be unsealed. (Signed by Judge Alvin K. Hellerstein on 2/17/2011) (jpo)
ORDER. It is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of the attached list of items (Exhibit A) currently located at John F. Kennedy International Airport, Hangar 17, and it is further ORDERED, that the transfer and the recipient organization's possession of certain WTC Artifacts will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test any steel artifact upon ten days notice to the recipient organization and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/22/10) (rjm)
Costs Taxed as to [1507] USCA Mandate, USCA Case Number 07-5442-cv. in the amount of $159.32. Docketed as Judgment #09,2342 on 12/10/2009 in favor of Appellee John Ransmeier as Administrator of the Estate of Louis Mariani against Appellant Ellen Mariani. (nd)
MANDATE of USCA (Certified Copy) as to [1347] Notice of Appeal filed by Ellen Mariani USCA Case Number 07-5442-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 12/8/2009. (nd)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of the attached list of steel (Exhibit A) currently located at John F. Kennedy International Airport, Hangar 17, and it is further ORDERED, that the transfer and the recipient organization's possession of certain WTC Artifacts will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test any steel artifact upon ten days notice to the recipient organization and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 12/3/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership sections of steel labeled I-0084 and I-0148 to the Austintown Beautification Committee, 3819 Elmwood Avenue, Austintown, Ohio 44515, contained in the Port Authority'S WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Austintown Beautification Committee's possession of a certain WTC Artifact, sections of steel labeled I-0084 and I-0148, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Austintown Beautification Committee and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 10/16/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled I-0137 to the Beverly Hills Fire Department, 445 North Rexford Drive, Beverly Hills, California 90210, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Beverly Hills Fire Department possession of a certain WTC Artifact, a section of steel labeled I-0137, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Beverly Hills Fire Department and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 10/16/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled I-0115 to the September 11 th Families Association, 22 Cortland Street, Suite 801, New York, New York 10007 contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the September 11th Families Association's possession of a certain WTC Artifact, a section of steel labeled I-0115, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the September 11th Families Association and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 10/16/09) (rjm)
ORDER. ORDERED, that the Port Authority is pennitted to transfer full and complete legal ownership of sections of steel labeled G-0071, G-0055 and G-0099 to the Town of Mendon Department of Public Safety, 22-24 Main Street, Mendon, MA 01756, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Town of Mendon Department of Public Safety's possession of a certain WTC Artifact, sections of steel labeled 0-0071, G-0055 and G- 0099, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Town of Mendon Department of Public Safety and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 9/23/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0052 to the College of Justice & Safety, Eastern Kentucky University, Lobby of the Stratton Building, 521 Lancaster Avenue, Richmond, Kentucky 40475, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the College of Justice &Safety, Eastern Kentucky University's possession of a certain WTC Artifact, a section of steel labeled G-0052, will be subject to the right ofany party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the College of Justice & Safety, Eastern Kentucky University and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 9/23/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0012 to the Town of Windermere, Florida, 108 Forest Street, Windermere, Florida 34786, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Town of Windermere, Florida's possession of a certain WTC Artifact, a section of steel labeled G-0012, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Town of Windermere, Florida and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/23/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of sections of steel labeled 0-0094 and G-0133 to the Nevada Test Site Historical Foundation, 755 East Flamingo Road, Las Vegas, Nevada 89119, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Nevada Test Site Historical Foundation's possession of a certain WTC Artifact, sections of steel labeled G-0094 and G-0133,will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Nevada Test Site Historical Foundation and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 9/23/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of sections of steel labeled C-0032, G-0047, 1-0038, 1-0044 and 1-0140 to the City of Hilliard, Ohio, 3800 Municipal Way, Hilliard, Ohio 43026-1696, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the City of Hilliard, Ohio's possession of a certain WTC Artifact, sections of steel labeled C-0032, G-0047, 1-0038, 1-0044 and 1-0140, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the City of Hilliard, Ohio and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 9/23/09) (rjm)
MEMO ENDORSEMENT on MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR RECONSIDERATION OF JULY 30, 2009 OPINION AND ORDER DENYING MOTION TO SET ASIDE CONFIDENTIALITY DESIGNATIONS. Motion denied. If these plaintiffs were dissatisfied with confidentiality, they had a duty to raise objections with the court, notwithstanding that the agreement may have assigned that burden to others, and plaintiffs counsel is bound by the agreements of predecessor counsel in the circumstances of this case. Relates to 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 8/17/09) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Peter Skoufalos dated 8/14/09 re: The undersigned was formerly counsel for the defendants, America West Airlines, Inc. and Midwest Airlines Inc., in this litigation. On September 24, 2007 Stipulations of Dismissal were filed for both defendants and neither I nor my firm have further involvement in this matter. We would be grateful, therefore, if Your Honor would now direct the Clerk of the Court to remove my name from the ECF notice list for this litigation. ENDORSEMENT: So Ordered. Relates to 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 8/14/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0034 to the Grand Junction Downtown Partnership, 248 South 4th Street, Grand Junction, CO 81501, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Grand Junction Downtown Partnership's possession of a certain WTC Artifact, a section of steel labeled G-0034, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Grand Junction Downtown Partnership and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/7/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled F-0021.002 to Centre dIncendie et de Secours de Saint-Etienne Chavanelle, 1 rue Etienne Mimard, 42000 Saint-Etienne, France, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Centre dIncendie et de Secours de Saint-Etienne Chavanelle's possession of a certain WTC Artifact, a section of steel labeled F-0021.002, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Centre dIncendie et de Secours de Saint-Etienne Chavanelle and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/7/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0136 to the Town of Mendon Department of Public Safety, 22-24 Main Street, Mendon, MA 01756, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Town of Mendon Department of Public Safety's possession of a certain WTC Artifact, a section of steellabe1ed G-O136, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Town of Mendon Department of Public Safety and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/7/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0143 to the Transportation Security Administration, Wichita Mid-Continent Airport, 2299 Airport Road, Wichita, KS 67209, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Transportation Security Administration, Wichita Mid-Continent Airports possession of a certain WTC Artifact, a section of steel labeled G-0143, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Transportation Security Administration, Wichita Mid-Continent Airport and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/7/09) (rjm)
ORDER. ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of certain World Trade Center Artifacts noted on the attached Exhibit to the National September 11 Memorial & Museum, One Liberty Plaza, 20th Floor, New York, NY 10006, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the National September 11 Memorial & Museum's possession of certain World Trade Center Artifacts noted on the attached Exhibit, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the National September 11 Memorial & Museum and the Port Authority. Relates to 21mc97, 21mc101, 21mc100. (Signed by Judge Alvin K. Hellerstein on 7/7/09) (rjm)
ORDER. It is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled H-0102 to the City of Glens Falls, 42 Ridge Street, Glens Falls, NY 12801, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the City of Glens Falls' possession of a certain WTC Artifact, a section of steel labeled H-0102 will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the City of Glens Falls and the Port Authority. Relates to 21mc100, 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 6/19/09) (rjm)
ORDER. It is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0066 to the Historic Prospect Hill Cemetery Heritage Foundation, 700 North George S1., York, PA 17404, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Historic Prospect Hill Cemetery Heritage Foundation's possession of a certain WTC Artifact, a section of steel labeled G-0066, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Historic Prospect Hill Cemetery Heritage Foundation and the Port Authority. Relates to 21mc100, 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 6/19/09) (rjm)
ORDER. It is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled G-0064 to the Board of Selectmen of Westborough, Massachusetts, 34 West Main Street, Westborough, MA 01581, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Board of Selectmen of Westborough, Massachusetts' possession of a certain WTC Artifact, a section of steel labeled G-0064, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the the Board of Selectmen of Westborough, Massachusetts and the Port Authority. Relates to 21mc100, 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 6/19/09) (rjm)
ORDER. It is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled F.002l.003 to the United States Air Force, Northeast Air Defense Sector, 387 Hangar Road, Rome, NY 13441, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the United States Air Force, Northeast Air Defense Sector's possession of a certain WTC Artifact, a section of steel labeled F.0021.003, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the United States Air Force, Northeast Air Defense Sector and the Port Authority. Relates to 21mc100, 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 6/19/09) (rjm)
ORDER. It is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of a section of steel labeled C-40 to Westerfield Fire Fighters' Memorial, Inc., 52 Westerville Square, Suite 265, Westerville, OH 43081, contained in the Port Authority's WTC Artifacts Inventory Archive, and it is further ORDERED, that the transfer and the Westerfield Fire Fighters' Memorial, Inc.'s possession of a certain WTC Artifact, a section of steel labeled C-40, will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test said steel artifact upon ten days notice to the Westerfield Fire Fighters' Memorial, Inc. and the Port Authority. Relates to 21mc100, 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 6/19/09) (rjm)
ORDER. On March 5, 2009, plaintiff John C. Ransmeir, as Administrator of the Estate of Louis Neil Mariani, brought a motion for the placement of Settlement Funds in an Interest-Bearing Escrow Account because of the delay caused by an appeal brought by one of the estate's alleged beneficiaries. On April 22, 2009, I received a letter from Ransmeier stating "the defendants' insurers have agreed to place the money in an interest bearing escrow account." In this letter, the movant withdraws the motion as moot. The Clerk shall mark the motion (Doc. #52) as terminated. Relates to 21mc97, 03-6940. (Signed by Judge Alvin K. Hellerstein on 4/29/09) (rjm)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to (938 in 1:21-mc-00097-AKH-THK, 783 in 1:03-cv-00332-AKH-THK) Notice of Appeal, filed by Westfield WTC Holding, LLC, Westfield WTC, LLC, Westfield Corp., Westfield America, Inc. USCA Case Number 07-0706-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/9/2009. Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-00332-AKH-THK(nd)
MANDATE of USCA (Certified Copy) as to (784 in 1:03-cv-00332-AKH-THK, 941 in 1:21-mc-00097-AKH-THK) Notice of Appeal, filed by Royal Indemnity Company USCA Case Number 07-0776-cv. IT IS HEREBY ORDERED that the motion by Appellant Royal Indemnity Company to dismiss the appeal with prejudice is GRANTED with costs to the Appellees. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/20/2008. Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-00332-AKH-THK(nd)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Garcia dated 11/13/08 re: Request that the Court direct Mrs. Golinski to complete the Statement of Recovery and submit the form to DOL. We understand that the Court approved the settlement in this case on 11/11/08. ENDORSEMENT: The parties are relieved of any order of confidentiality with respect to furnishing DOL the information it requests. Relates to 21MC97, 07-8398. (Signed by Judge Alvin K. Hellerstein on 11/14/08) (rjm)
TRUE COPY ORDER of USCA as to (784 in 1:03-cv-00332-AKH-THK, 941 in 1:21-mc-00097-AKH-THK) Notice of Appeal, filed by Royal Indemnity Company USCA Case Number 07-0776-cv. Whereas, Arrowdoof Indemnity Company, formerly known as Royal Indemnity Company, as Successor in Interest to Royal Insurance Company of America ("Arrowood") has advised the Court that it intends to seek a dismissal of the instant appeal with prejudice, Whereas, the Court directed Arrowood to file a motion to dismiss the instant appeal on or before September 10, 2008 in the event the parties could not stipulate to the dismissal of the appeal on or before August 20, 2008; Whereas, Attowood has sought the consent of the Appellees to the dismissal of the instant appeal with prejudice; Whereas, Arrowood and certain of the Appellees were unable to reach agreement on the dismissal of the instant appeal with prejudice on or before August 20, 2008; Whereas, Arrowood filed a motion to dismiss the instant appeal with prejudice on September 10, 2008; Whereas Arrowood and the WTC Entities have reached agreement on the dismissal of the instant appeal with prejudice; Now, the undersigned hereby stipulate and agree that 1. In accordance with Rule 42(b) of the FRAP, Arrowood and the WTC Entities, for themselves alone, and as to those parties alone and their respective rights as against one another alone, stipulate to the dismissal of the instant appeal with prejudice, with those parties as between themselves to absorb their own costs subject to a separate, confidential agreement between them. 2. This Stipulation does not affect the rights of Appellees the Westfield Parties and the Port Authority Entities, who are not parties to the Stipulation or the separate, confidential agreement between Arrowood and the WTC Entities Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/24/2008. Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-00332-AKH-THK(nd)
ORDER OF FINAL JUDGMENT THAT the settlement agreement is approved; the case is severed from all other cases consolidated; final judgment in favor of the settling defts shall be entered pursuant to Rule 54b; and the complaint in 03 Cv 6968 is hereby dismissed with prejudice as to settling defts. and without costs. (Signed by Judge Alvin K. Hellerstein on 9/5/08) (jf) (Additional attachment(s) added on 9/5/2008: # (1) notice of right to appeal) (jf).
MEMORANDUM AND OPINION #96305., Regarding the procedures to be followed that shall govern the handling of fee allowances and disapproving settlements(Conference set for 8/6/2008 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/24/08) (rjm) Modified on 8/1/2008 (rjm).
STIPULATION AND ORDER EXTENDING TIME TO ANSWER; the time within which Midway Airlines Corp., may answer, appear move with respect to Fourth Amended Flight 11 Master liability complaint and (2) Fourth Amended Flight 175 Master Liability complaint served in this action is extended to and including September 1, 2008 (Signed by Judge Alvin K. Hellerstein on 5/21/08) (djc)
STIPULATION AND ORDER. the time within which defendant, National Airlines, Inc may answer, appear or otherwise move with respct to plaintiff's fourth amended Flight 77 Master Liability complaint served in this action is extended to and including September 1, 2008. (Signed by Judge Alvin K. Hellerstein on 5/21/08) (djc)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 04 CV 7298(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 4/30/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 04 CV 7291(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 4/30/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 04 CV 7213(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 4/30/08) (Attachments: # (1) notice of right to appeal)(ml)
MEMORANDUM OF LAW in Support re: [1462] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1462] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp.. (Barry, Desmond)
MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp..(Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1459] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., Globe Aviation Services Corp.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1459] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., Globe Aviation Services Corp.. (Barry, Desmond)
MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc., Globe Aviation Services Corp..(Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1455] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1455] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Globe Aviation Services Corp.. (Barry, Desmond)
MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Globe Aviation Services Corp..(Barry, Desmond)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 04 CV 7226(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/27/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 04 CV 7189(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/26/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 04 CV 9627(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/24/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 6378(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/24/08) (Attachments: # (1) NOTICE OF RIGHT TO APPEAL)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 07 CV 8402(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/19/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 6378(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/18/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 07 CV 8399(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/18/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 07 CV 8401(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/18/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 07 CV 8398(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/18/08) (Attachments: # (1) notice of right to appeal)(ml)
ORDER. Upon consent of all parties, including amicus, Plaintiffs' motion to set aside the Defendants' designations of confidentiality is hereby withdrawn without prejudice. (Signed by Judge Alvin K. Hellerstein on 3/19/08) (rjm)
JOINT CASE MANAGEMENT PLAN AND PROPOSED ORDER. The parties have agreed to the following Case Management Plan and Proposed Order... Discovery regarding Documents: plaintiffs shall produce documents responsive to all outstanding demands by 4/1/08 and continue to supplement records thereafter as they become available... regarding Independent Medical Examinations: All such examinations shall be conducted by 4/15/08. Regarding Fact Witnesses: Plaintiff shall identify all fact witnesses by 4/1/08. Defendants shall identify all fact witnesses by 4/22/08... regarding Economic and Life Care Planner Experts: Plaintiff shall make the disclosures required by Fed. R. Civ. P. 26(a)(2) by 5/1/08... regarding Depositions: (All Fact Deposition due by 7/15/2008.)... The parties will submit the case for nonbinding arbitration or mediation on or before 9/15/08... and as further set forth regarding the procedures to be followed that shall govern the handling of this Joint Case Management Plan and Proposed Order. This Document relates to 21mc97 and 04-0365. (Signed by Judge Alvin K. Hellerstein on 3/18/08) (rjm)
JOINT PROPOSED ORDER TRANSFERRING CASES TO 21MC101 (AKH) DOCKET AND CLOSING 21MC97 (AKH) that the cases attached hereto as "Exhibit A" are to be moved from the 21mc97(AKH) Master Docket to the 21mc101(AKH) Master Docket. The Cross-Claims of all WTCP Cross-Claim Plaintiffs and the Cross-Claims of The Port Authority of New York and New Jersey, pending in 21mc97, shall be transferred to the 21mc101 docket under four new civil action numbers, two to be purchased by the WTCP Cross-Claim Plaintiffs and two to be purchased by the Port Authority. Leave is hereby granted for Cross-Claim Plaintiffs to amend their respective cross-claims within thirty days of this order solely to recast them as direct claims by the Cross-Claim Plaintiffs as Plaintiffs against the Cross-Claim Defendants as Defendants. The Clerk is instructed to close the Master Docket numbered 21mc97(AKH) thirty days from the date of this Order. This Document relates to member cases listed on attached Exhibit A as well as: 21mc97, 21mc101, 02-7156, 02-7289, 04-0365, 03-6800, 02-7145, 02-7260, 02-7154, 03-6811, 03-6940, 04-7213, 04-1350, 03-9965, 04-6788, 04-6789, 04-7914, 03-10203. (Signed by Judge Alvin K. Hellerstein on 3/18/08) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-07040-AKH, 1:03-cv-10203-AKH, 1:04-cv-07291-AKH, 1:04-cv-07298-AKH(rjm)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1439] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1439] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc.. (Barry, Desmond)
MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc..(Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1436] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1436] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc.. (Barry, Desmond)
MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc..(Barry, Desmond)
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Desmond T. Barry, Jr. in Support re: [1433] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond) Modified on 3/17/2008 (jar).
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: [1433] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond) Modified on 3/17/2008 (jar).
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc..(Barry, Desmond) Modified on 3/17/2008 (jar).
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Desmond T. Barry, Jr. in Support re: [1430] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond) Modified on 3/17/2008 (jar).
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: [1430] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond) Modified on 3/17/2008 (jar).
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc. (Barry, Desmond) Modified on 3/17/2008 (jar).
DECLARATION of Desmond T. Barry, Jr. in Support re: [1427] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1427] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp., US Airways, Inc.,(a Delaware Corporation). (Barry, Desmond)
MOTION for Judgment Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, Globe Aviation Services Corp..(Barry, Desmond)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James P. Connors dated 3/3/08 re: Request that the firm of Coddington, Hicks & Danforth be removed as counsel of record as attorneys for Globe Aviation Services Corporation. ENDORSEMENT: "So Ordered." Attorney Clinton H. Coddington terminated. (Signed by Judge Alvin K. Hellerstein on 3/5/08) (rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant National Airlines, Inc., may answer, appear or otherwise move with respect to: (1) Fourth Amended Flight 77 Master Liability Complaint; and (2) Third Amended Flight 93 Master Liability Complaint served in this action is extended to and including April 18, 2008. (Signed by Judge Alvin K. Hellerstein on 3/4/08) (rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant Midway Airlines Corporation, may answer, appear or otherwise move with respect to: (1) Fourth Amended Flight 11 Master Liability Complaint; and (2) Fourth Amended Flight 175 Master Liability Complaint served in this action is extended to and including April 18, 2008. (Signed by Judge Alvin K. Hellerstein on 3/4/08) (rjm)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 0458(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 3/03/08) (Attachments: # (1) notice of right to appeal)(ml)
REPLY MEMORANDUM OF LAW in Support re: [1383] MOTION for Leave to File Amicus Brief.. Document filed by The Reporters Committee for Freedom of the Press. (Steger, Michael)
MEMORANDUM OF LAW in Support re: [1418] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1418] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
CERTIFICATE OF SERVICE of Supplemental Memorandum of Law and Declaration of Donald Migliori served on Liaison Counsel on 2/29/2008. Service was made by mail. Document filed by All Plaintiffs. (Elsner, Michael)
DECLARATION of Donald A. Migliori in Support re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by All Plaintiffs. (Elsner, Michael)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by All Plaintiffs. (Elsner, Michael)
ORDER DENYING MOTION TO ENFORCE SETTLEMENT... that Teague's motion to enforce settlement is denied. The parties did not come to agreement on all material terms. This document relates to 21mc97 and 03-6800. (Signed by Judge Alvin K. Hellerstein on 2/27/08) (rjm)
DECLARATION of Desmond T. Barry, Jr. in Opposition re: [1412] Memorandum of Law in Opposition. Document filed by Argenbright Security, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Enforcement of Settlement Agreement Among the Parties. Document filed by AMR Corporation, American Airlines, Inc., Argenbright Security, Inc.. (Barry, Desmond)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 2/22/08 re: Request to file opposition papers under seal. ENDORSEMENT: The parties shall redact the agreed settlement amount from the papers presented for filing. With such redaction all papers on this motion shall be filed publicly. This Document relates to 21mc97 and 03-6800. (Signed by Judge Alvin K. Hellerstein on 2/26/08) (rjm)
DECLARATION of Desmond T. Barry in Opposition re: [1378] MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Motion to Set Aside the Defendants' Designations of Confidentiality.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Opposition re: [1378] MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Motion to Set Aside the Defendants' Designations of Confidentiality.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry in Opposition re: [1378] MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Motion to Set Aside the Defendants' Designations of Confidentiality.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Opposition re: [1378] MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Motion to Set Aside the Defendants' Designations of Confidentiality.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Mack H. Shultz, Jr. in Opposition re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by The Boeing Company. (Attachments: # (1) Exhibit A)(Shultz, Mack)
DECLARATION of M. Martha Ries in Opposition re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by The Boeing Company. (Shultz, Mack)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by Boeing Co.. (Shultz, Mack)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 3676(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 2/11/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6968(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 2/11/08) (Attachments: # (1) notice of right to appeal)(ml)
MEMORANDUM OF LAW in Support re: [1398] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1398] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
PROPOSED ORDER (signed) APPOINTING GUARDIAN AD LITEM. Bonnie Peters-Lawston, Esq. is hereby appointed as Guardian ad litem for the minor beneficiary, Marc Sanchez, for the purpose of insuring that the distribution plan for the minor beneficiary's settlement proceeds is in the best interest of the minor beneficiary (Signed by Judge Alvin K. Hellerstein on 1/30/08) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-07084-AKH(rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 1/18/08 re: request for a further extension of the briefing schedule concerning Plaintiffs' Motion to set aside the Defts' Designations of Confidentiality. ENDORSEMENT: defts' opposition brief to be file on 2/22/08, and ptffs' reply brief to be filed on 2/29/08. "So Ordered." (Signed by Judge Alvin K. Hellerstein on 1/28/08) (rjm)
MOTION to Appoint Guardian ad Litem and Memorandum of Law in Support of Motion. Document filed by Felicita Maria Sanchez. (Attachments: # (1) Exhibit Proposed Order Appointing Guardian Ad Litem, # (2) Exhibit A - Affidavit of Bonnie Peters-Lawston)(Smith, Elizabeth)
MEMORANDUM OF LAW in Support re: [1391] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1391] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gerald G. Paul dated 1/16/08 re: counsel requests to be removed from all lists of recipients of electronic filings in all World Trade Center matters before Your Honor. ENDORSEMENT: The attorney's name is to be removed. (Signed by Judge Alvin K. Hellerstein on 1/17/08) (djc)
ORDER, ( Status Conference set for 2/8/2008 at 01:00 PM before Judge Alvin K. Hellerstein.) to discuss the state of the unsettled wrongful death and personal injury cases: prospects for settlement of each particular case; the discovery still to be had by ptffs. and defts.; a prospective completion date; the pending demand of Jerry Guadagno, ptff. suing on behalf of decedent Richard Guadagno, to make portions of the record public as a condition of settlement, defining such portions, and factors the Court must consider before ruling on the issue; when the parties estimate that trials of the remaining cases can be had; and such other matters as the Court or counsel may wish to suggest. (Signed by Judge Alvin K. Hellerstein on 1/15/08) (rjm)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 7083(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 1/10/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 7084(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 1/10/08) (Attachments: # (1) notice of right to appeal)(ml)
ENDORSED LETTER addressed to Alvin K. Hellerstein from Desmonf T. Barry, Jr. dated 1/8/08 re: revised briefing schedule for the Motley Rice plaintiffs motion for an order to set aside the Aviation Defts' confidentiality designations that was filed on 10/29/07. ENDORSEMENT: "So Ordered." Set Deadlines/Hearing as to [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced. :( Responses due by 1/22/2008, Replies due by 1/29/2008.) (Signed by Judge Alvin K. Hellerstein on 1/8/08) (rjm)
STIPULATION AND ORDER... that Continental will comply with Plaintiffs' request for more specific responses to Insurance Demands by 1/11/08... Continental will provide its written responses to the rest of Ptffs' Discovery Requests by 1/11/08. Continental will not withhold the production of any responsive, non-privileged, documents or information. Such compliance will include production by Continental of documents on a rolling basis, to be completed by no later than 1/25/08... and as further set forth in said Stipulation and Order regarding Plaintiffs' Master Discovery and that the parties agree that thisa stipulation and order is without prejudice to WTCP Cross-Claim Plaintiffs' right to seek additional responses or documents from Continental with regard to Ptffs' Discovery Requests or to serve additional discovery requests. This Document relates to 21mc97 and 21mc101. (Signed by Judge Alvin K. Hellerstein on 1/4/08) (rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant, National Airlines, Inc., may answer, appear or otherwise move with respect to: (1) Fourth Amended Flight 77 Master Liability Complaint (The Pentagon Crash); and (2) Third Amended Flight 93 Master Liability Complaint (The Shanksville Crash) served in this action is extended to and including February 22, 2008. (Signed by Judge Alvin K. Hellerstein on 1/2/08) (rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant, Midway Airlines Corporation, may answer, appear or otherwise move with respect to: (1) Fourth Amended Flight 11 Master Liability Complaint (One World Trade Center Crash); and (2) Fourth Amended Flight 175 Master Liability Complaint (Two World Trade Center Crash) served in this action is extended to and including February 22, 2008. (Signed by Judge Alvin K. Hellerstein on 1/2/08) (rjm)
Order on Motion to Appoint Guardian/Attorney ad Litem
ORDER granting [1358 in 21mc97] Motion to Appoint Guardian Ad Litem. Appointed Jason E. Epstein for Elisha Gallop, for the purpose of ensuring that the settlement of the above captioned case and the distribution plan for the minor Plaintiff's settlement proceeds are in the best interest of the minor Plaintiff. This Document relates to 21MC97 and 03cv1016. (Signed by Judge Alvin K. Hellerstein on 12/17/07) (rjm).
MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Motion to Set Aside the Defendants' Designations of Confidentiality. Document filed by The Reporters Committee for Freedom of the Press. (Attachments: # (1) Brief in Support of Plaintiffs' Motion to Set Aside Defendants' Designations of Confidentiality)Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Steger, Michael)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiffs World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC and 7 World Trade Company, L.P., contained in the Amended Cross-Claims by the WTCP Entities Against Certain Defendants In Plaintiffs Amended Flight 11 Complaint and Cross-Claims by the WTCP Entities Against Certain Defendants In Plaintiffs Amended 175 Master Liability Complaint, against defendant ATA, are hereby dismissed without prejudice and without costs to either party as against the other... and as further set forth. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 12/20/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiffs The Port Authority of New York and New Jersey and additional cross-claim plaintiffs, WTC Retail LLC and The Port Authority Trans-Hudson Corporation contained in the Cross-Claims by the Port Authority Against Certain Defendants In Plaintiffs' Amended Flight 175 Master Liability Complaint and Cross-Claims By The Port Authority Against Certain Defendants In Plaintiff's Amended Flight 11 Master Liability Complaint, against defendant ATA Airlines, Inc. s/h/a American Trans Air, Inc. are hereby dismissed without prejudice and without costs to either party as against the other. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 12/19/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiffs The Port Authority of New York and New Jersey and additional cross-claim plaintiffs, WTC Retail LLC and The Port Authority Trans-Hudson Corporation contained in the Cross-Claims by the Port Authority Against Certain Defendants In Plaintiffs' Amended Flight 175 Master Liability Complaint, against defendant Delta Air Lines, Inc. i/s/h/a Delta Airlines, Inc. and Delta Express, Inc. are hereby dismissed without prejudice and without costs to either party as against the other. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 12/19/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
MEMORANDUM OF LAW in Support re: [1372] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1372] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1369] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1369] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Jason E. Epstein in Support re: [1358] MOTION to Appoint Guardian ad Litem - Notice of Motion.. Document filed by April D. Gallop. (Smith, Elizabeth)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 1016(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 12/13/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 6379(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 12/13/07) (Attachments: # (1) notice of right to appeal)(ml)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1363] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1363] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1360] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1360] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1358] MOTION to Appoint Guardian ad Litem - Notice of Motion. - Motion for Appointment of Guardian Ad Litem and Memorandum of Law in Support of Motion. Document filed by April D. Gallop. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Smith, Elizabeth)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6801(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 12/5/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7153(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 12/5/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 6365(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 12/5/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7912(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/30/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7608(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/30/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7261(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/30/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7259(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/30/07) (Attachments: # (1) notice of right to appeal)(ml)
STIPULATION AND ORDER. The time for defendant World Trade Center Properties, L.L.C. to answer, move or otherwise respond to Plaintiffs' Fourth Amended Flight 11 Master Liability Complaint and Plaintiffs' Fourth Amended Flight 175 Master Liability Complaint is extended to and including 3/15/2008. (Signed by Judge Alvin K. Hellerstein on 12/4/07) (rjm)
STIPULATION AND ORDER. The time for defendant Silverstein Properties, Inc. to answer, move or otherwise respond to Plaintiffs' Fourth Amended Flight 11 Master Liability Complaint and Plaintiffs' Fourth Amended Flight 175 Master Liability Complaint is extended to and including 3/15/2008. (Signed by Judge Alvin K. Hellerstein on 12/4/07) (rjm)
STIPULATION AND ORDER. The time for defendant The Port Authority of New York & New Jersey to answer, move or otherwise respond to Plaintiffs' Fourth Amended Flight 11 Master Liability Complaint and Plaintiffs' Fourth Amended Flight 175 Master Liability Complaint is extended to and including 3/15/2008. (Signed by Judge Alvin K. Hellerstein on 12/4/07) (rjm).
NOTICE OF APPEAL from [1266] Order on Motion to Reopen Case. Document filed by Ellen Mariani. Filing fee $ 455.00, receipt number E 634815. (Attachments: # (1) Affidavit of Service)(nd)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to [1173] Notice of Appeal, filed by 4 World Trade Center LLC, 2 World Trade Center LLC, World Trade Center Properties, L.L.C. USCA Case Number 07-3333-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/13/2007. (nd)
MOTION to Substitute Party. Old Party: Ann Wilson, New Party: Victor M. Turcios Line attaching proposed Order. Document filed by Ann Wilson. (Attachments: # (1) Text of Proposed Order)(Azrael, Jonathan)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7150(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/27/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6808(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/27/08) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6810(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/27/07) (Attachments: # (1) notice of right to appeal)(ml)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 11/28/07 re: Counsel writes to request the agreed on revised briefing schedule: Aviation Defendants' opposition to motion to be filed by 1/15/08; and plainitff's reply to be served and filed by 1/22/08. ENDORSEMENT: So Ordered. Set Deadlines/Hearing as to [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.( Responses due by 1/15/2008, Replies due by 1/22/2008.) (Signed by Judge Alvin K. Hellerstein on 11/28/07) (jco)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6183(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/20/07) (Attachments: # (1) notice of right to appeal)(ml)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1337] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1337] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1334] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1334] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1331] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1331] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1328] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1328] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Sexton, Brian)
STIPULATION OF DISMISSAL WITHOUT PREJUDICE... that any and all claims asserted and/or assertable by Plaintiffs against Defendant(s) ATA Airlines, Inc. in the captioned lawsuits shall be dismissed by the Court without prejudice... and without costs to either party as against the other. This Document relates to member cases listed and 03-6802, 02-6364, 02-7154, 02-7153, 03-6811, 03-6801, 02-0458, 03-7083, 02-2802, 03-7084, 02-1727, 02-6365, 02-7152. (Signed by Judge Alvin K. Hellerstein on 11/26/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-07083-AKH, 1:03-cv-07084-AKH(rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant, National Airlines, Inc., may answer, appear or otherwise move with respect to: (1) Fourth Amended Flight 77 Master Liability Complaint (The Pentagon Crash); and (2) Third Amended Flight 93 Master Liability Complaint (The Shanksville Crash) served in this action is extended to and including December 14, 2007. (Signed by Judge Alvin K. Hellerstein on 11/26/07) (rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant, ATA Airlines, Inc., may answer, appear or otherwise move with respect to the Fourth Amended Flight 175 Master Liability Complaint (Two World Trade Center Crash) served in this action is extended to and including December 14, 2007. (Signed by Judge Alvin K. Hellerstein on 11/26/07) (rjm)
STIPULATION EXTENDING TIME TO ANSWER that the time within which the defendant, Midway Airlines Corporation, may answer, appear or otherwise move with respect to: (1) Fourth Amended Flight 11 Master Liability Complaint (One World Trade Center Crash); and (2) Fourth Amended Flight 175 Master Liability Complaint (Two World Trade Center Crash) served in this action is extended to and including December 14, 2007. (Signed by Judge Alvin K. Hellerstein on 11/26/07) (rjm)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 1728(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/14/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6805(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/14/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 0456(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 11/14/07) (Attachments: # (1) notice of right to appeal)(ml)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1318] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1318] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Cathi A. Hession dated 11/8/07 re: Plaintiffs agree to allow Boeing to continue its efforts for document production beyond the 10/29 deadline... Plaintiffs agree with Boeing to extend the document production deadline to 1/18/08... Plaintiffs will be proceeding on Nov. 28-29 and December 5-6 with depositions of a number of Boeing witnesses... Further depositions will be held the week of Jan. 7, 2008 and Plaintiffs anticipate that Boeing depositions will be concluded by the end of January. ENDORSEMENT: "The arrangements are acceptable." This Document relates to 21mc97 and 21mc101. (Signed by Judge Alvin K. Hellerstein on 11/14/07) (rjm)
ANSWER to Amended Complaint. Document filed by Huntleigh USA Corporation. Related document: [1212] Amended Complaint,,, filed by All Plaintiffs.(Ross, Johnathan)
ANSWER to Amended Complaint. Document filed by Huntleigh USA Corporation. Related document: [1211] Amended Complaint,,, filed by All Plaintiffs.(Ross, Johnathan)
AFFIDAVIT OF SERVICE of Answer to Plantiffs' Fourth Amended Flight 175 Master Liability Complaint served on All Parties on November 13, 2007. Document filed by UAL Corporation, United Airlines, Inc.,. (Redmond, Loretta)
ANSWER to Amended Complaint. Document filed by Air Tran Airways, Inc.. Related document: [1194] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co.. (Attachments: # (1) Affidavit Of Service)(Coster, James)
ANSWER to Amended Complaint. Document filed by Argenbright Security, Inc.. Related document: [1195] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co.. (Attachments: # (1) Certificate of Service)(Wayland, Joseph)
ANSWER to Amended Complaint. Document filed by Air Tran Airways, Inc.. Related document: [1212] Amended Complaint,,, filed by All Plaintiffs. (Attachments: # (1) Affidavit of service)(Coster, James)
ANSWER to Amended Complaint. Document filed by Argenbright Security, Inc.. Related document: [1194] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co.. (Attachments: # (1) Certificate of Service)(Wayland, Joseph)
ANSWER to Amended Complaint. Document filed by The Port Authority of New York & New Jersey. Related document: [1194] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co..(Crowley, Michael)
ANSWER to Amended Complaint. Document filed by Delta Air Lines, Inc.. Related document: [1211] Amended Complaint,,, filed by All Plaintiffs.(Crowley, Michael)
ANSWER to Amended Complaint. Document filed by Delta Air Lines, Inc.. Related document: [1195] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co..(Crowley, Michael)
AFFIDAVIT OF SERVICE of Answer to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint served on All Parties on 11/13/2007. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
ANSWER to Amended Complaint. Document filed by UAL Corporation, United Airlines, Inc.,. Related document: [1195] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co.. (Attachments: # (1) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (2) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (3) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (4) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (5) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (6) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (7) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (8) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (9) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (10) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (11) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (12) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (13) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (14) Notice Adopting Answer of Defendant United Air Lines, Inc. to Plaintiffs' Fourth Amended Flight 77 Master Liability Complaint# (15) Affidavit of Service for Flight 77 Notices of Adoption)(Sexton, Brian)
AFFIDAVIT OF SERVICE of Answer to Plantiffs' Third Amended Flight 93 Master Liability Complaint served on All Parties on November 13, 2007. Document filed by UAL Corporation, United Airlines, Inc.,. (Redmond, Loretta)
ANSWER to Amended Complaint. Document filed by Massachusetts Port Authority. Related document: [1212] Amended Complaint,,, filed by All Plaintiffs. (Attachments: # (1) Certificate of Service)(Wood, Willard)
NOTICE of Notice of Adoption of its Master Answer to Plaintiffs' Flight 77 Fourth Amended Master Liability Complaint. Document filed by Metropolitan Washington Airport Authority. (Berberich, Karen)
ANSWER to Amended Complaint. Document filed by UAL Corporation, United Airlines, Inc.,. Related document: [1194] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co.. (Attachments: # (1) Notice Adopting Answer of Defendants United & UAL to Plaintiff's Third Amended Flight 93 Master Liability Complaint# (2) Notice Adopting Answer of Defendants United & UAL to Plaintiffs' Third Amended Flight 93 Master Liability Complaint# (3) Notice Adopting Answer of Defendants United & UAL to Plaintiffs' Third Amended Flight 93 Master Liability Complaint# (4) Notice Adopting Answer of Defendants United & UAL to Plaintiffs' Third Amended Flight 93 Master Liability Complaint# (5) Notice Adopting Answer of Defendants United & UAL to Plaintiffs' Third Amended Flight 93 Master Liability Complaint# (6) Notice Adopting Answer to Defendants United & UAL to Plaintiffs' Third Amended Flight 93 Master Liability Complaint# (7) Notice Adopting Answer to Defendants United & UAL to Plaintiffs' Third Amended Flight 93 Master Liability Complaint# (8) Notice Adopting Answer of Defendants United & UAL to Plaintiff's Third Amended Flight 93 Master Liability Complaint)(Redmond, Loretta)
ANSWER to Amended Complaint. Document filed by Massachusetts Port Authority. Related document: [1211] Amended Complaint,,, filed by All Plaintiffs. (Attachments: # (1) Certificate of Service)(Wood, Willard)
ANSWER to Amended Complaint. Document filed by Colgan Air, Inc.,. Related document: [1211] Amended Complaint,,, filed by All Plaintiffs. (Attachments: # (1) Affidavit of Service)(Moryan, Jeffrey)
MEMORANDUM OF LAW in Support re: [1277] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1277] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to enter final judgment and rule that the ATSSSA limitation applies. Document filed by UAL Corporation, United Airlines, Inc.,.(Sexton, Brian) Modified on 11/16/2007 (lb).
NOTICE of of Adoption of its Master Answer to Plaintiffs' Flight 77 Fourth Amended Master Liability Complaint. Document relates to 02-7145. Document filed by Continental Airlines, Inc.. (Curcio, Benjamin)
NOTICE of of Adoption of its Master Answer to Plaintiffs' Flight 77 Fourth Amended Master Liability Complaint. Document relates to 04-00365. Document filed by Continental Airlines, Inc.. (Curcio, Benjamin)
ANSWER to Amended Complaint. Document filed by Continental Airlines, Inc.. Related document: [1195] Amended Complaint,,,,, filed by 80 Lafayette Associates, LLC, Liberty International Underwriters Inc., Nuclear Electric Insurance Limited, Karoon Capital Management, Inc., Certain Underwriters at Lloyd's of London, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., Great Lakes Reinsurance UK PLC, Essex Insurance Company, Great Lakes Reinsurance (UK), PLC.,, Barcley Dwyer Co., Inc., Underwriters at Lloyd's, Aegis Insurance Services, Inc., Federal Insurance Company, Consolidated Edison Company of N.Y., Inc., Citicorp Insurance USA Inc., Mayore Estates, LLC, Sumitomo Marine & Fire Insurance Co., Allianz Insurance Company, National Union Insurance Company of Pittsburgh, Salomon Smith Barney Holdings, Inc., All Plaintiffs, US Fire Insurance Co..(Curcio, Benjamin)
MEMORANDUM OF LAW in Support re: [1268] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1268] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 11/6/07 re: agreed upon briefing schedule for the motion to set aside the Aviation Defts' confidentiality designations, filed 10/29/07. ENDORSEMENT: So Ordered., Set Deadlines/Hearing as to [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced. : Responses due by 11/30/2007 Replies due by 12/7/2007. (Signed by Judge Alvin K. Hellerstein on 11/6/07) (rjm)
ORDER denying [1260 in 21mc97] Motion of Ellen Mariani to Reopen and Intervene and for Joinder as Co-Plaintiff. This Document relates to 21mc97, 01-11628, 03-6940. (Signed by Judge Alvin K. Hellerstein on 11/5/07) (rjm)
ORDER that the Clerk of the Court shall mark each of the captioned actions as settled but maintain open files on each action until such times as the Court enters an Order approving the settlement, entering final judgment pursuant to Fed. R. Civ. P. 54(b), ruling that the liability limitation of Section 408(a)(1) of the Air Transportation Safety and System Stabilization Act applies to the settlement and dismissing the Complaint with prejudice... and as further set forth in said order. This Document relates to 21mc97, 02-6378, 02-6379, 03-6808, 03-6810, 03-1016, 03-6183, 03-6800. (Signed by Judge Alvin K. Hellerstein on 11/1/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-06183-AKH(rjm)
DECLARATION of Robert T. Haefele in Support re: [1244] MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration.. Document filed by All Plaintiffs. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13# (14) Exhibit 14# (15) Exhibit 15# (16) Exhibit 16# (17) Exhibit 17# (18) Exhibit 18# (19) Exhibit 19# (20) Exhibit 20)(Elsner, Michael)
REPLY MEMORANDUM OF LAW in Support re: [1244] MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration.. Document filed by All Plaintiffs. (Elsner, Michael)
ORDER FOR ADMISSION PRO HAC VICE that Kimberly M. Collins be admitted pro hac vice for Industrial Risk Insurers. This Document relates to 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 11/1/07) (rjm)
ORDER that the captioned actions be removed from the damages-only trial calendar. The parties shall proceed to conclude the settlements promptly in accordance with the procedures heretofore established in this litigation and as required by the applicability to these actions of the Air Transportation Safety and System Stabilization Act, Pub. L. No. 107-42 115 Stat. 230 (2001)... and as further set forth in said order. This Document relates to 02-7150, 03-6966, 03-6968. (Signed by Judge Alvin K. Hellerstein on 11/1/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:02-cv-07150-AKH(rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert T. Haefele dated 10/29/07 re: With your Honor's permission, we anticipate filing plaintiffs' reply on or before Thursday, 11/1/07. ENDORSEMENT: "Enlargement is approved." This Document relates to 21mc97, 21mc101. (Signed by Judge Alvin K. Hellerstein on 10/30/07) (rjm)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6803(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 10/26/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7290(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 10/26/07) (Attachments: # (1) notice of right to appeal)(ml)
ORDER DENYING COUNSEL'S APPLICATION FOR ADMISSION PRO HAC VICE that the motion for admission pro hac vice of Bruce Leichty as counsel for Ellen Mariani is denied. This Document relates to 21mc97, 01-11628, 03-6940. (Signed by Judge Alvin K. Hellerstein on 10/29/07) (rjm)
DECLARATION of Robert T. Haefele in Support re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by All Plaintiffs. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(Elsner, Michael)
MEMORANDUM OF LAW in Support re: [1252] MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced.. Document filed by All Plaintiffs. (Elsner, Michael)
MOTION to Set Aside - Notice of Motion to Set Aside the Defendants' Designations of Confidentiality Which They Made Over 99.8% of the Documents That They Produced. Document filed by All Plaintiffs.(Elsner, Michael)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 10/10/07 re: request that you direct that the enclosed documents be accepted for filing under seal by endorsing this letter as set forth, confirming that the parties' interest in preserving the confidentiality of the terms of their settlement agreements outweighs any public interest in knowing the amounts of each settlement. ENDORSEMENT: So Ordered. This Document relates to 21mc97, 21mc101 and 02-7290. (Signed by Judge Alvin K. Hellerstein on 10/26/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 9/25/07 re: request that you direct that the enclosed documents be accepted for filing under seal by endorsing this letter as set forth, confirming that the parties' interest in preserving the confidentiality of the terms of their settlement agreements outweighs any public interest in knowing the amounts of each settlement. ENDORSEMENT: So Ordered. This Document relates to 21mc97, 21mc101 and 03-6803. (Signed by Judge Alvin K. Hellerstein on 10/26/07) (rjm)
MEMORANDUM OF LAW in Opposition re: [1244] MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # (1) Affidavit of Service)(Barry, Desmond)
DECLARATION of Desmond T. Barry in Opposition re: [1244] MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # (1) Exhibit 1 - 9# (2) Exhibit 10 - 15# (3) Exhibit 16 - 20)(Barry, Desmond)
ENDORSED LETTER (this document relates to 02cv7150) addressed to Judge Alvin K. Hellerstein from Dotty Strobel, paralegal to Mary Schiavo dated 10/18/2007 re: courtesy copy of Plaintiffs' Motion for Production and In Camera Review of the Dulles Airport Security Checkpoint Surveillance Videos Recorded on 9/11/2001, and exhibit to the Motion. ENDORSEMENT: Opposition to Plaintiff's motion, including any response by the government, will be due 10/24/2007. A hearing will be conducted in the presence of counsel only in Chambers 10/26/2007 at 2:00 pm. (Signed by Judge Alvin K. Hellerstein on 10/22/2007) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:02-cv-07150-AKH(kkc)
DECLARATION of Robert T. Haefele in Support re: [1244] MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration.. Document filed by All Plaintiffs. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit D - Attachment 1# (6) Exhibit D - Attachment 2# (7) Exhibit E# (8) Exhibit F# (9) Exhibit G# (10) Exhibit H# (11) Exhibit I# (12) Exhibit J# (13) Exhibit K# (14) Exhibit L# (15) Exhibit M# (16) Exhibit M - Attachment 1# (17) Exhibit M - Attachment 2# (18) Exhibit M - Attachment 3# (19) Exhibit N# (20) Exhibit O)(Elsner, Michael)
MEMORANDUM OF LAW in Support re: [1244] MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration.. Document filed by All Plaintiffs. (Elsner, Michael)
MOTION for Protective Order - Notice of Motion for Protective Order Precluding the Aviation Defendants From Deposing Multiple Rule 30(b)(6) Witnesses from the Federal Aviation Administration. Document filed by All Plaintiffs.(Elsner, Michael)
MOTION to Compel Production and In Camera Review of Dulles Airport Security Checkpoint Videos. Filed by Ambrose Plaintiffs. Document filed by All Plaintiffs. (Attachments: # (1) Exhibit Dulles Video Images)(Schiavo, Mary)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1238] MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues.. Document filed by AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Argenbright Security, Inc., Delta Air Lines, Inc., Air Tran Airways, Inc., National Airlines, Inc, The Boeing Company. (Barry, Desmond)
REPLY MEMORANDUM OF LAW in Support re: [1238] MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues.. Document filed by AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Delta Air Lines, Inc., Air Tran Airways, Inc., National Airlines, Inc, The Boeing Company. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1238] MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues.. Document filed by AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Argenbright Security, Inc., Delta Air Lines, Inc., Air Tran Airways, Inc., National Airlines, Inc, The Boeing Company. (Attachments: # (1) Exhibit 1-3# (2) Exhibit 4-10)(Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1238] MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues.. Document filed by AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Argenbright Security, Inc., Delta Air Lines, Inc., Air Tran Airways, Inc., National Airlines, Inc, The Boeing Company. (Barry, Desmond)
MOTION in Limine to Exclude (1) Testimony and Evidence Relating to Claims for Loss of Financial Support; (2) Testimony and Evidence Relating to Pain and Suffering; and (3) Testimony and Evidence Relating Directly to Liability Issues. Document filed by AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Argenbright Security, Inc., Delta Air Lines, Inc., Air Tran Airways, Inc., National Airlines, Inc, The Boeing Company.(Barry, Desmond)
ORDER REGARDING DEFENDANTS' MOTION IN LIMINE... Defendants' motion in limine to exclude evidence is GRANTED in substantial part, as qualified in this order and opinion. As rulings in limine, the issues may be reasserted by counsel and reexamined by the court if, in the context of the dynamics of the trial, considerations different from those discussed in this order and opinion suggest a different, or modified, ruling. This Document relates to 21MC97 and 02-7150. (Signed by Judge Alvin K. Hellerstein on 10/16/07) (rjm)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1232] Memorandum of Law in Support. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support of Court Approval of Wilson Settlement and In Opposition to Design/Construction Defendants' Objections to Settlement. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Wolfgang A. Dase re: [1230] Declaration,, [1218] Order, Set Deadlines/Hearings,, [1229] Response,. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P.. (Attachments: # (1) Exhibit A (Part A)# (2) Exhibit A (Part B)# (3) Exhibit A (Part C)# (4) Exhibit A (Part D)# (5) Exhibit A (Part E)# (6) Exhibit A (Part F)# (7) Exhibit A (Part G)# (8) Exhibit A (Part H)# (9) Exhibit A (Part I)# (10) Exhibit A (Part J)# (11) Exhibit A (Part K)# (12) Exhibit A (Part L)# (13) Exhibit A (Part M)# (14) Exhibit A (Part N)# (15) Exhibit A (Part O)# (16) Exhibit A (Part P)# (17) Exhibit A (Part Q)# (18) Exhibit A (Part R)# (19) Exhibit A (Part S)# (20) Exhibit A (Part T)# (21) Exhibit A (Part U)# (22) Exhibit A (Part V)# (23) Exhibit A (Part W)# (24) Exhibit A (Part X)# (25) Exhibit A (Part Z)# (26) Exhibit B (Part A) (Subpart 1)# (27) Exhibit B (Part A) (Subpart 2)# (28) Exhibit B (Part B)# (29) Exhibit B (Part C)# (30) Exhibit B (Part D)# (31) Exhibit B (Part E) (Subpart 1)# (32) Exhibit B (Part E) (Subpart 2)# (33) Exhibit B (Part F)# (34) Exhibit B (Part G)# (35) Exhibit B (Part H)# (36) Exhibit B (Part I)# (37) Exhibit B (Part J))(Cohen, Jason)
RESPONSE re: [1218] Order, Set Deadlines/Hearings,,. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P.. (Cohen, Jason)
DECLARATION of Richard A. Williamson re: [1225] Memorandum of Law in Opposition,, [1220] Memorandum of Law in Opposition, [1221] Declaration in Opposition,, Declaration in Additional Opposition to Allianz's Motion for Partial Summary Judgment, Made in the Wrong Litigation, Seeking and Advisory Opinion Declaring Allianz to Have Priority Over Its Insureds in All Recoveries from 3d Party Tortfeasors. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC. (Attachments: # (1) Exhibit 14# (2) Exhibit 15# (3) Exhibit 16 (Part 1 of 8)# (4) Exhibit 16 (Part 2 of 8)# (5) Exhibit 16 (Part 3 of 8)# (6) Exhibit 16 (Part 4 of 8)# (7) Exhibit 16 (Part 5 of 8)# (8) Exhibit 16 (Part 6 of 8)# (9) Exhibit 16 (Part 7 of 8)# (10) Exhibit 16 (Part 8 of 8)# (11) Exhibit 17# (12) Exhibit 18 (Part 1 of 4)# (13) Exhibit 18 (Part 2 of 4)# (14) Exhibit 18 (Part 3 of 4)# (15) Exhibit 18 (Part 4 of 4)# (16) Exhibit 19# (17) Exhibit 20# (18) Exhibit 21# (19) Exhibit 22# (20) Exhibit 23 (Part 1 of 4)# (21) Exhibit 23 (Part 2 of 4)# (22) Exhibit 23 (Part 3 of 4)# (23) Exhibit 23 (Part 4 of 4)# (24) Exhibit 24)(Egan, Thomas)
MEMORANDUM OF LAW in Opposition re: [1220] Memorandum of Law in Opposition, [1221] Declaration in Opposition,, WTCP Cross-Claim Plaintiffs' Memorandum of Law in Further Opposition to Allianz's Motion for Partial Summary Judgment, Which Was Made in the Wrong Litigation, and Which Seeks an Advisory Opinion Declaring Allianz to Have Priority Over Its Insureds in All Recoveries Made from 3d Party Tortfeasors. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC. (Egan, Thomas)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1222] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1222] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation. (Barry, Desmond)
MEMORANDUM OF LAW in Opposition to Allianz's Application for an Advisory Opinion Declaring Allianz to Have Priority Over Its Insureds in All Recoveries from 3d Party Tortfeasors. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC. (Egan, Thomas)
STIPULATION AND ORDER. It is hereby stipulated and agreed by and between undersigned counsel for Wrongful Death and Personal Injury Plaintiffs and Aviation Defendants, that the time in which the named Aviation Defendants must answer, move, or otherwise respond to Wrongful Death and Personal Injury Plaintiffs' Fourth Amended Flight 11 Master Liability Complaint, Fourth Amended Flight 175 Master Liability Complaint, Third Amended Flight 93 Master Liability Complaint, and Fourth Amended Flight 77 Master Liability Complaint in this action shall be on or before 11/13/07. (Signed by Judge Alvin K. Hellerstein on 10/9/07) (rjm)
ORDER FOR HEARING TO CONSIDER SETTLEMENT. Settlement Conference set for 10/19/2007 at 02:00 PM before Judge Alvin K. Hellerstein... and as further set forth regarding the procedures to be followed that shall govern the handling of hearing to consider settlement. This Document relates to 21MC97 and 03-6968. (Signed by Judge Alvin K. Hellerstein on 10/9/07) (rjm)
ORDER REGULATING DISCOVERY... Regarding the procedures to be followed that shall govern the handling of this Order Regulating Discovery. This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 10/9/07) (rjm)
OPPOSITION BRIEF To Aviation Defendants' Motion In Limine To Exclude Evidence In Ambrose Case, 21 MC 97 (AKH), 02 CV 7150 (AKH). Document filed by plaintiffs. (Attachments: # (1) Joint Declaration of Sharon & Dr. Kenneth Ambrose)(Parrett, Vincent)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Karen M. Berberich dated 10/1/07 re: Request that the Court issue an orderdirecting the Clerk to update the dockets of the two cases, 02cv7156 and 02cv7153, and remove the City of Portland. ENDORSEMENT: "The City of Portland is dismissed from actions 02cv7156 and 02cv7153 for the reasons stated in my order dated 5/21/03." This Document relates to 21mc97, 02cv7156 and 02cv7153. (Signed by Judge Alvin K. Hellerstein on 10/2/07) (rjm)
PLAINTIFFS' FOURTH AMENDED FLIGHT 175 MASTER LIABILITY COMPLAINT (TWO WORLD TRADE CENTER CRASH) (Jury Trial Demanded) against UAL Corporation, United Airlines, Inc.,, Burns International Services Corp., Huntleigh USA Corporation, ICTS International NV, Globe Aviation Services Corp., Securitas AB, Massachusetts Port Authority, The Port Authority of New York & New Jersey, Burns International Security Services Corporation, Pinkerton's Inc., World Trade Center Properties, L.L.C., Minoru Yamasaki Associates, Inc., Tishman Realty & Construction Company, Leslie E. Robertson Associates, Skilling Ward Magnusson Barkshire Inc., Emery Roth and Partners LLC, Magnusson Klemencic Associates, Emery Roth & Sons, P.C., Midway Airlines Corporation, American Trans Air, Inc., The Boeing Company. Document filed by All Plaintiffs.(rjm)
PLAINTIFFS' FOURTH AMENDED FLIGHT 11 MASTER LIABILITY COMPLAINT (ONE WORLD TRADE CENTER CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., Colgan Air, Inc.,, Burns International Services Corp., Huntleigh USA Corporation, ICTS International NV, Globe Aviation Services Corp., Securitas AB, Massachusetts Port Authority, The Port Authority of New York & New Jersey, Burns International Security Services Corporation, Pinkerton's Inc., Delta Air Lines, Inc., World Trade Center Properties, L.L.C., Minoru Yamasaki Associates, Inc., Tishman Realty & Construction Company, Leslie E. Robertson Associates, Skilling Ward Magnusson Barkshire Inc., Emery Roth and Partners LLC, Magnusson Klemencic Associates, Emery Roth & Sons, P.C., US Airways Shuttle, Inc., US Air Group, Midway Airlines Corporation, The Boeing Company. Document filed by All Plaintiffs.(rjm).
ORDER SCHEDULING DAMAGES TRIAL AND PRETRIAL PROCEEDINGS... That 02cv7150(AKH) be made ready for a trial of damages only, to begin 11/5/07; and further ordered that parties appear for a Pretrial Conference set for 11/1/2007 at 02:00 PM before Judge Alvin K. Hellerstein; and it is further ordered that the parties shall agree to a schedule governing exchanges of pretrial and trial information, pretrial briefs, requests for voir dire, requests to charge, etc., culminating in the necessary filings with the Court by 10/26/07. This Document relates to 21MC97 and 02cv7150. (Signed by Judge Alvin K. Hellerstein on 9/25/07) (rjm)
DECLARATION of Desmond T. Barry, Jr. in Support re: (97 in 2:03-cv-06803-AKH, 1206 in 1:21-mc-00097-AKH-THK) MOTION for Judgment.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 2:03-cv-06803-AKH(Barry, Desmond)
MEMORANDUM OF LAW in Support re: (97 in 2:03-cv-06803-AKH, 1206 in 1:21-mc-00097-AKH-THK) MOTION for Judgment. Approving Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 2:03-cv-06803-AKH(Barry, Desmond)
MOTION for Judgment Approving the Settlement and Dismissing Complaint. Document filed by AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 2:03-cv-06803-AKH(Barry, Desmond)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiff The Port Authority of New York and New Jersey contained in the Amended Cross-Claims by the Port Authority Against Certain Defendants In Plaintiffs' Amended Flight 11 Master Liability Complaint and Cross-Claims by the Port Authority Against Certain Defendants In Plaintiffs' Amended 175 Master Liability Complaint, against defendant America West, are hereby dismissed without prejudice and without costs to either party as against the other... and as further set forth in said stipulation of dismissal. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 9/24/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiffs The Port Authority of New York and New Jersey contained in the Cross-Claims by the Port Authority Against Certain Defendants In Plaintiffs' Amended Flight 175 Master Liability Complaint, against defendant Midwest, are hereby dismissed without prejudice and without costs to either party as against the other... and as further set forth in said stipulation of dismissal. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 9/24/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
MEMO ENDORSEMENT on Motion for Administrative Order (this document relates to 03cv6966). ENDORSEMENT: Motion denied. The four plaintiffs shall promptly and no later than 9/28/2007, comply with my Order of 8/1/2006, by four separate filings of separate complaints, nunc pro tunc as of their original filing and service of process dates, in four separate actions, each with separately purchased index number. The Clerk shall close 03cv6966, effective 9/28/2007. (Signed by Judge Alvin K. Hellerstein on 9/21/2007) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 2:03-cv-06966-AKH(kkc)
LETTER addressed to Judge Alvin K. Hellerstein from Richard A. Williamson dated 9/19/2007 re: seeking assistance in resolving a dispute between Cross-Claim Plaintiffs WTCP and Cross-Claim Defendants US Airways. Document filed by World Trade Center Properties, L.L.C., 2 World Trade Center LLC, 4 World Trade Center LLC.(kkc)
ORDER: an immediate appeal of my order of 6/27/2007 would not "materially advance the ultimate termination of the litigation," 28 U.S.C. § 1292(b), and therefore I decline to certify the order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The Clerk shall docket WTCP's letter, attached to this order, in the 21 MC 97 and 21 MC 101 dockets. (Signed by Judge Alvin K. Hellerstein on 9/20/2007) (kkc)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Peter J. Gallagher dated 9/17/07 re: We write on behalf of client Leslie E. Robertson & Associates, P.C. to address a situation that we believe requires clarification, and with respect to which we seek Your Honor's intervention. ENDORSEMENT: "Liaison Counsel for plaintiffs and for defendants shall state the course of action they recommend for the Court to follow, using the format provided by my Individual Rule 2E, said letter to be telefaxed to the Court by noon, September 26, 2007." This Document relates to 21MC97 and 03cv6968. (Signed by Judge Alvin K. Hellerstein on 9/19/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Marc S. Moller dated 9/5/07 re: This letter addresses two issues: 1) the interim resolution of the Plaintiffs' Liaison Counsel's Motion to set aside funds; and 2) the restructuring of the Plaintiffs' Executive Committee to reflect the fact that a substantial number of the wrongful death actions that were consolidated under the 21MC97 docket either have been settled or are in active settlement negotiations and the need to adjust responsibilities among counsel, including the Liaison Counsel role. ENDORSEMENT: So Ordered. This Document relates to 21mc97 and 21mc101. (Signed by Judge Alvin K. Hellerstein on 9/19/07) (rjm)
ORDER. The Clerk of the Court shall mark each of the captioned fourteen individual cases as closed; provided, however, that if settlement is not consummated within 30 days of the date of this Order, a party may apply by letter within the 30-day period for restoration of the affected action to the calendar of the undersigned. The Clerk also shall mark as closed civil action number 01cv11628(AKH), previously filed on behalf of decedent Louis Neil Mariani, and dismissed on 4/7/05. Plaintiff Lauren E. Peters later filed a lawsuit on behalf of Mr. Mariani under civil action number 03cv6940(AKH). The Clerk shall file a copy of this order in each of the captioned fourteen individual case files, and in the file for 01cv11628(AKH). This Document relates to 02-7259, 02-7608, 02-7912, 02-1728, 02-456, 03-6805, 02-7261, 02-7153, 03-6801, 02-458, 03-7083, 03-6940, 03-7084, 03-6365 and 01-11628. (Signed by Judge Alvin K. Hellerstein on 9/17/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 2:03-cv-07083-AKH, 2:03-cv-07084-AKH(rjm)
ORDER REGARDING UNITED AIRLINES FLIGHT 93 COCKPIT VOICE RECORDER granting in part and denying in part [1185] Motion to Compel, subject to final rulings upon a showing that the proper foundation can be established to admit the CVR recording and computer generated animation exhibit. This Document relates to 21mc97 and 02cv7912. (Signed by Judge Alvin K. Hellerstein on 9/12/07) (rjm)
PLAINTIFFS' FOURTH AMENDED FLIGHT 77 MASTER LIABILITY COMPLAINT (THE PENTAGON CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Argenbright Security, Inc., Delta Air Lines, Inc., Boeing Co., Air Tran Airways, Inc., Securicor PLC, National Airlines, Inc, Atlantic Coast Airlines, Inc..Document filed by Essex Insurance Company, Great Lakes Reinsurance UK PLC, Sumitomo Marine & Fire Insurance Co., Citicorp Insurance USA Inc.(All providing Citigroup, Inc. property insurance for 7 World Trade Center, which was in effect September 11, 2001, as Subrogees of Citigroup Inc.), Salomon Smith Barney Holdings, Inc., Aegis Insurance Services, Inc., Liberty International Underwriters Inc., National Union Insurance Company of Pittsburgh, Nuclear Electric Insurance Limited, Underwriters at Lloyd's, Consolidated Edison Company of N.Y., Inc., Karoon Capital Management, Inc., Wall Street Realty Capital, Inc., Barcley Dwyer Co., Inc., Tower Computer Services, Inc., US Fire Insurance Co., Certain Underwriters at Lloyd's of London, Great Lakes Reinsurance (UK), PLC.,, All Plaintiffs, Mayore Estates, LLC, 80 Lafayette Associates, LLC, Allianz Insurance Company, Federal Insurance Company.(rjm) Additional attachment(s) added on 9/14/2007 (Miranda, Robert).
PLAINTIFFS' THIRD AMENDED FLIGHT 93 MASTER LIABILITY COMPLAINT (THE SHANKSVILLE CRASH) (Jury Trial Demanded) against UAL Corporation, United Airlines, Inc.,, The Port Authority of New York & New Jersey, Argenbright Security, Inc., Boeing Co., Air Tran Airways, Inc., Securicor PLC, National Airlines, Inc.Document filed by Essex Insurance Company, Great Lakes Reinsurance UK PLC, Sumitomo Marine & Fire Insurance Co., Citicorp Insurance USA Inc.(All providing Citigroup, Inc. property insurance for 7 World Trade Center, which was in effect September 11, 2001, as Subrogees of Citigroup Inc.), Salomon Smith Barney Holdings, Inc., Aegis Insurance Services, Inc., Liberty International Underwriters Inc., National Union Insurance Company of Pittsburgh, Nuclear Electric Insurance Limited, Underwriters at Lloyd's, Consolidated Edison Company of N.Y., Inc., Karoon Capital Management, Inc., Wall Street Realty Capital, Inc., Barcley Dwyer Co., Inc., Tower Computer Services, Inc., US Fire Insurance Co., Certain Underwriters at Lloyd's of London, Great Lakes Reinsurance (UK), PLC.,, All Plaintiffs, Mayore Estates, LLC, 80 Lafayette Associates, LLC, Allianz Insurance Company, Federal Insurance Company.(rjm) Additional attachment(s) added on 9/14/2007 (Miranda, Robert).
PLAINTIFFS' THIRD AMENDED FLIGHT 11 MASTER LIABILITY COMPLAINT (ONE WORLD TRADE CENTER CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., Colgan Air, Inc.,, Burns International Services Corp., US Airways, Inc.,, Huntleigh USA Corporation, ICTS International NV, Globe Aviation Services Corp., Securitas AB, Massachusetts Port Authority, City of Portland, Maine, The Port Authority of New York & New Jersey, Burns International Security Services Corporation, Pinkerton's Inc., Delta Air Lines, Inc., World Trade Center Properties, L.L.C., Minoru Yamasaki Associates, Inc., Tishman Realty & Construction Company, Leslie E. Robertson Associates, Skilling Ward Magnusson Barkshire Inc., Emery Roth and Partners LLC, Boeing Co., Magnusson Klemencic Associates, Emery Roth & Sons, P.C., US Airways Shuttle, Inc., US Air Group, Midway Airlines Corporation.Document filed by Essex Insurance Company, Great Lakes Reinsurance UK PLC, Sumitomo Marine & Fire Insurance Co., Citicorp Insurance USA Inc.(All providing Citigroup, Inc. property insurance for 7 World Trade Center, which was in effect September 11, 2001, as Subrogees of Citigroup Inc.), Salomon Smith Barney Holdings, Inc., Aegis Insurance Services, Inc., Liberty International Underwriters Inc., National Union Insurance Company of Pittsburgh, Nuclear Electric Insurance Limited, Underwriters at Lloyd's, Consolidated Edison Company of N.Y., Inc., Karoon Capital Management, Inc., Wall Street Realty Capital, Inc., Barcley Dwyer Co., Inc., Tower Computer Services, Inc., US Fire Insurance Co., Certain Underwriters at Lloyd's of London, Great Lakes Reinsurance (UK), PLC.,, All Plaintiffs, Mayore Estates, LLC, 80 Lafayette Associates, LLC, Allianz Insurance Company, Federal Insurance Company.(rjm) Additional attachment(s) added on 9/14/2007 (Miranda, Robert).
PLAINTIFFS' SECOND AMENDED FLIGHT 175 MASTER LIABILITY COMPLAINT (Two World Trade Center Crash) (Jury Trial Demanded) against UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation, ICTS International NV, Globe Aviation Services Corp., Securitas AB, Massachusetts Port Authority, City of Portland, Maine, The Port Authority of New York & New Jersey, Burns International Security Services Corporation, Pinkerton's Inc., World Trade Center Properties, L.L.C., Minoru Yamasaki Associates, Inc., Tishman Realty & Construction Company, Leslie E. Robertson Associates, Skilling Ward Magnusson Barkshire Inc., Emery Roth and Partners LLC, Boeing Co., Magnusson Klemencic Associates, Emery Roth & Sons, P.C., Midway Airlines Corporation, American Trans Air, Inc., Cape Air, Inc..Document filed by Essex Insurance Company, Great Lakes Reinsurance UK PLC, Sumitomo Marine & Fire Insurance Co., Citicorp Insurance USA Inc., Salomon Smith Barney Holdings, Inc., Aegis Insurance Services, Inc., Liberty International Underwriters Inc., National Union Insurance Company of Pittsburgh, Nuclear Electric Insurance Limited, Underwriters at Lloyd's, Wall Street Realty Capital, Inc., Consolidated Edison Company of N.Y., Inc., Karoon Capital Management, Inc., Barcley Dwyer Co., Inc., Tower Computer Services, Inc., US Fire Insurance Co., Certain Underwriters at Lloyd's of London, Great Lakes Reinsurance (UK), PLC.,, All Plaintiffs, Mayore Estates, LLC, 80 Lafayette Associates, LLC, Allianz Insurance Company, Federal Insurance Company.(rjm) Additional attachment(s) added on 9/14/2007 (Miranda, Robert).
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7155(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 9/4/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 7071(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 9/4/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 8918(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 9/4/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 7022(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 9/4/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 9234(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 9/4/07) (Attachments: # (1) notice of right to appeal)(ml)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from LeAnn Lester dated 8/10/07 re: determination if Exhibit 1 should be filed under seal or in such a manner as the Court deems appropriate. ENDORSEMENT: The applicant shall discuss with the government if and to what extent sealing is still required and then make application to the Court. This Document relates to 21MC97, 02-7145 and 03-6800. (Signed by Judge Alvin K. Hellerstein on 9/4/07) (rjm)
SECOND MOTION to Compel - Plaintiffs' Second Motion to Produce the Flight 93 Cockpit Voice Recording. Document filed by David James Miller, Catherine Stefani, Eileen Bertorelli-Zangrillo, D. Hamilton Peterson, Margaret Ann Cashman, Adelaide Maureen Driscoll, Jerry Guadagno, Allison Vadhan. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5)(Elsner, Michael)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1182] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1182] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
CLERK'S PARTIAL JUDGMENT # 07,1599 That for the reasons stated in the Court's Amended Opinion and Order dated August 14, 2007, plaintiffs motion for summary judgment is granted as to Count Three in plaintiff Falkenbergs and plaintiff Teagues Amended Complaints for that portion of their Warsaw Convention claims equivalent to 100,000 Special Drawing Rights and denied without prejudice as to that portion of their Warsaw Convention claims in excess of 100,000 Special Drawing Rights; plaintiffs motion to recover litigation expenses, including attorneys fees, is denied; and a partial judgment is entered for plaintiff Ruth Falkenberg, as Personal Representative for the Estate of Leslie Ann Whittington, and for plaintiff Elaine Teague, as Personal Representative for the Estate of Sandra D. Teague, against defendant American Airlines, Inc., in the amount of $153,078, without interest or costs. (Signed by J. Michael McMahon, clerk on 8/16/07) (Attachments: # (1) NOTICE OF RIGHT TO APPEAL)(ml)
AMENDED OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (Warsaw Convention) # 94999. This Document relates to 21mc97, 02-7145, 03-6800. Plaintiffs' motion for summary judgment is granted as to Count Three in plaintiff Falkenberg's and plaintiff Teague's Amended Complaints for that portion of their Warsaw Convention claims equivalent to 100,000 Special Drawing Rights, and denied without prejudice as to that portion of their Warsaw Convention claims in excess of 100,000 Special Drawing Rights. Plaintiffs may renew their motion for summary judgment for the remaining amount of their Warsaw Convention claims at a more appropriate point. Plaintiffs' motion to recover litigation expenses, including attorneys' fees, is denied. The parties have stipulated that the equivalent in United States dollars of 100,000 Special Drawing Rights for the purpose of this order is $153,078.00 without interest at this point, but subject to further consideration at the time of entry of final judgment. The Clerk shall enter partial judgment for Ruth Falkenberg, as Personal Representative for the Estate of Leslie Ann Whittington, and for plaintiff Elaine Teague, as Personal Representative for the Estate of Sandra D. Teague, against defendant American Airlines, Inc., in the amount of $153,078.00, without interest or costs. (Signed by Judge Alvin K. Hellerstein on 8/14/07) (rjm) Modified on 8/21/2007 (kkc).
LETTER addressed to Judge Alvin K. Hellerstein from Andrew J. Scholz dated 4/30/07 re: On behalf of WTCP and PANYNJ Cross-Claim Ptffs... I enclose a disc containing the courtesy copies of the WTCP and PANYNJ Cross-Claim Ptffs' opposition to US Airways', Colgan Air's. and Continental Airlines' respective motions for summary judgment... Finally, we note one inadvertent factual error made on page 19 of the Opposition Brief. The person carrying the coffee cup through the Portland checkpoint on 9/11 was not terrorist ringleader Mohammed Atta, but a non-terrorist passenger who was walking near Atta at the time. We apologize for that error. (rjm)
ORDER CONCERNING SETTLEMENT AND FEES. Counsel for Plaintiffs Deena and Beverly Burnett - their clients' claims having been settled - submit an application pursuant to my Order Concerning Settlement of 6/28/07, No. 03cv7079(AKH), for an allocation of 25 percent of the net settlement amount as their reasonable contingency fee... counsel's application is denied... and as further set forth regarding the procedures to be followed that shall govern the handling of this Order concerning Settlement and Fees. This Document relates to 21mc97, 02-6186, 03-7073. (Signed by Judge Alvin K. Hellerstein on 8/9/07) (rjm)
ORDER REGARDING DAMAGES TRIAL AND PRE-TRIAL PROCEEDINGS. This Document relates to 21MC97, 02-7912 (Driscoll), 03-6966 (Houtz), 02-7153 (Carstanjen), 03-6968 (Wiswe), 02-7150 (Ambrose), 02-456 (Marcin). That Driscoll case be Ready for Trial by 9/24/2007, Ambrose case be made ready for trial of damages only to begin on 10/15/07; that Plaintiffs identify all fact and expert witnesses for the Driscoll case by 8/6/07; Plaintiffs provide a curriculum vitae for all identified expert witnesses for the Driscoll case by 8/6/07; and Plaintiffs provide reports for all identified expert witnesses for the Driscoll case by 8/10/07; further ordered that Defendants identify all fact and expert witnesses for the Driscoll case by 8/24/07; Defts. provide a curriculum vitae for all identified expert witnesses for the Driscoll case by 8/24/07; and Defts. provide reports for all identified expert witnesses for the Driscoll case by 9/10/07; and it is further ordered that Ptffs. identify all fact and expert witnesses for the Ambrose case by 8/17/07; Ptffs. provide a curriculum vitae for all identified expert witnesses for the Ambrose case by 8/17/07; and Ptffs. provide reports for all identified expert witnesses for the Ambrose case by 8/24/07; and it is further ordered that Defts. identify all fact and expert witnesses for the Ambrose case by 9/7/07; Defts. provide a reports for all identified expert witnesses for the Ambrose case by 9/24/07; that the parties submit proposed jury instructions for the Driscoll case by 9/17/07. Pretrial Conference set for 9/5/2007 at 10:00 AM before Judge Alvin K. Hellerstein... and as further set forth regarding the procedures to be followed that shall govern the handling of this order regarding damages trial and pre-trial proceedings. (Signed by Judge Alvin K. Hellerstein on 8/3/07) (rjm).
NOTICE OF APPEAL from [1125] Clerk's Judgment, [1105] Order,. Document filed by World Trade Center Properties, L.L.C., 2 World Trade Center LLC, 4 World Trade Center LLC. Filing fee $ 455.00, receipt number E 622710. Copies of Notice of Appeal mailed to attorney(s) of record: All 10 parties/attorneys listed on attached service list. (nd)
ANSWER to Amended Complaint. Document filed by The Boeing Company. Related document: [1153] Amended Complaint,,,, filed by All Plaintiffs.(Shultz, Mack)
ANSWER to Amended Complaint. Document filed by The Boeing Company. Related document: [1152] Amended Complaint,,,, filed by All Plaintiffs.(Shultz, Mack)
MEMORANDUM AND OPINION # 94999 GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (Warsaw Convention) re: [951 in 21MC97] MOTION for Summary Judgment. filed by Ruth Falkenberg, Elaine Teague. This Motion for summary judgment is granted as to Count Three in plaintiff Falkenberg's and plaintiff Teague's Amended Complaints for that portion of their Warsaw Convention claims equivalent to 100,000 Special Drawing Rights, and denied without prejudice as to that portion of their Warsaw Convention claims in excess of 100,000 Special Drawing Rights. The parties shall stipulate, by 8/10/07, the equivalent in US dollars of 100,000 Special Drawing Rights, without any computation of interest at this point. Plaintiffs' motion to recover litigation expenses, including attorneys' fees, is denied. Plaintiffs' non-Warsaw Convention claims (all counts except for Count Three in each complaint) are dismissed as to all defendants, and the complaint is dismissed in its entirety as to all defendants except for defendant American Airlines, Inc., which remains in the case. Plaintiffs may renew their motion for summary judgment for the remaining amount of their Warsaw Convention claims at a more appropriate point. The Clerk shall await a further order before preparing judgment. This Document relates to 21MC97, 02-7145 and 03-6800. (Signed by Judge Alvin K. Hellerstein on 7/30/07) (rjm) Additional attachment(s) added on 7/31/2007 (kkc).
MEMORANDUM OF LAW in Support re: [1165] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1165] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1162] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1162] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1159] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1159] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1156] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1156] MOTION for Judgment Approving Settlement and Dismissing Complaint.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
PLAINTIFFS' THIRD AMENDED FLIGHT 77 MASTER LIABILITY COMPLAINT (THE PENTAGON CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., United Airlines, Inc.,, US Airways, Inc.,, Metropolitan Washington Airport Authority, Continental Airlines, Inc., Argenbright Security, Inc., Delta Air Lines, Inc., Northwest Airlines Corporation, Air Tran Airways, Inc., Securicor PLC, National Airlines, Inc, The Boeing Company, Atlantic Coast Airlines, Inc..Document filed by All Plaintiffs.(rjm) Additional attachment(s) added on 7/25/2007 (Miranda, Robert).
PLAINTIFFS' SECOND AMENDED FLIGHT 93 MASTER LIABILITY COMPLAINT (THE SHANKSVILLE CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, US Airways, Inc.,, The Port Authority of New York & New Jersey, Continental Airlines, Inc., Argenbright Security, Inc., TEM Enterprises, US Air Group, Air Tran Airways, Inc., Securicor PLC, National Airlines, Inc, The Boeing Company, America West Ailines, Inc..Document filed by All Plaintiffs.(rjm) Additional attachment(s) added on 7/25/2007 (Miranda, Robert).
PLAINTIFFS' SECOND AMENDED FLIGHT 175 MASTER LIABILITY COMPLAINT (TWO WORLD TRADE CENTER CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Colgan Air, Inc.,, US Airways, Inc.,, Huntleigh USA Corporation, ICTS International NV, Globe Aviation Services Corp., Securitas AB, Massachusetts Port Authority, City of Portland, Maine, The Port Authority of New York & New Jersey, Burns International Security Services Corporation, Pinkerton's Inc., Continental Airlines, Inc., Delta Air Lines, Inc., World Trade Center Properties, L.L.C., Minoru Yamasaki Associates, Inc., Tishman Realty & Construction Company, Leslie E. Robertson Associates, Skilling Ward Magnusson Barkshire Inc., Emery Roth and Partners LLC, Magnusson Klemencic Associates, Midway Airlines Corporation, American Trans Air, Inc., Air Tran Airways, Inc., Midwest Express Airlines, Inc., Delta Express, Inc., Cape Air, Inc., The Boeing Company, America West Ailines, Inc., NorthWest Airlines, Inc.Document filed by All Plaintiffs.(rjm) Additional attachment(s) added on 7/25/2007 (Miranda, Robert).
PLAINTIFFS' SECOND AMENDED FLIGHT 11 MASTER LIABILITY COMPLAINT (ONE WORLD TRADE CENTER CRASH) (Jury Trial Demanded) against AMR Corporation, American Airlines, Inc., UAL Corporation, United Airlines, Inc.,, Colgan Air, Inc.,, US Airways, Inc.,, Huntleigh USA Corporation, ICTS International NV, Globe Aviation Services Corp., Securitas AB, Massachusetts Port Authority, City of Portland, Maine, The Port Authority of New York & New Jersey, Burns International Security Services Corporation, Pinkerton's Inc., Continental Airlines, Inc., Delta Air Lines, Inc., World Trade Center Properties, L.L.C., Minoru Yamasaki Associates, Inc., Tishman Realty & Construction Company, Leslie E. Robertson Associates, Skilling Ward Magnusson Barkshire Inc., Magnusson Klemencic Associates, US Airways Shuttle, Inc., US Air Group, Midway Airlines Corporation, American Trans Air, Inc., Air Tran Airways, Inc., The Boeing Company, America West Ailines, Inc., NorthWest Airlines, Inc.Document filed by All Plaintiffs.(rjm). Additional attachment(s) added on 7/25/2007 (Miranda, Robert).
STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Ann Wilson, as Administrator of the Estate of Sigrid C. Wiswe, deceased and on behalf of all survivors of Sigrid C. Wiswe- against Defendant(s) -World Trade Center Properties LLC only- in the captioned lawsuit shall be dismissed by the Court with prejudice... without costs to any party as against the other. This Document relates to 21MC97 and 03cv6968. (Signed by Judge Alvin K. Hellerstein on 7/20/07) (rjm)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiffs World Trade Center Properties LLC, 2 World Trade Center LLC, and 4 World Trade Center LLC, contained in the Cross-Claims by the WTCP Entities Against Certain Defendants In Plaintiffs Amended Flight 175 Master Liability Complaint against defendant Midwest, are hereby dismissed without prejudice and without costs to either party as against the other... and as further set forth in said stipulation of dismissal. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 7/20/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiffs World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, and 7 World Trade Company, L.P. contained in the Amended Cross-Claims by the WTCP Entities Against Certain Defendants In Plaintiffs Amended Flight 11 Master Liability Complaint and Cross-Claims by the WTCP Entities Against Certain Defendants In Plaintiffs Amended 175 Master Liability Complaint, against defendant America West, are hereby dismissed without prejudice and without costs to either party as against the other... and as further set forth in said stipulation of dismissal. This Document relates to 21MC101, 21MC97 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 7/20/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
ORDER ENDORSED ON MOTION denying [1131 in 21mc97] Motion to Compel for an Order to Produce the Cockpit Voice Recorder (CVR) Recording. "Motion denied as premature. See transcript of conference, 7/19/07." This Document relates to 21MC97, 02-7608, 02-7912, 02-7260, 02-1728, 03-6805, 02-7259, 02-7261. (Signed by Judge Alvin K. Hellerstein on 7/20/07) (rjm)
AFFIDAVIT OF SERVICE of Plaintiff's Answers to Defendants' Interrogatories and Responses to Document Requests, Answers to Supplemental Interrogatories and Document Requests, Plaintiff's Response to Request for Production of Documents, Plaintiff's Interrogatories and Request for Production of Documents to Defendants served on Desmond T. Barry, Jr., Esquire, et al on July 19, 2007. Document filed by Ann Wilson. (Azrael, Jonathan)
AFFIDAVIT OF SERVICE of Plaintiff's Answers to Defendants Interrogatories, Answers to Supplemental Interrogatories and Document Requests to Defendant and Responses to Requests for Production of Documents, Plaintiff's Interrogatories and Request for Production of Documents to Defendants served on Desmond T. Barry, Jr., Esquire, et al on July 19, 2007. Document filed by Julia P. Shontere. (Azrael, Jonathan)
ANSWER to Interrogatories.Document filed by Julia P. Shontere. (Attachments: # (1) Exhibit Fact Witnesses List# (2) Exhibit Dr. Rynearson CV# (3) Exhibit Dr. Spodak CV# (4) Exhibit Dr. Staller CV)(Azrael, Jonathan)
MEMORANDUM OF LAW in Support re: [1133] MOTION for Reconsideration re; [1119] Memorandum & Opinion,,. MOTION for Reconsideration re; [1119] Memorandum & Opinion,,.. Document filed by Carole O'Hare, David James Miller, Eileen Bertorelli-Zangrillo, D. Hamilton Peterson, Margaret Ann Cashman, Adelaide Maureen Driscoll, Jerry Guadagno, Allison Vadhan. (Schiavo, Mary)
MOTION for Reconsideration re; [1119] Memorandum & Opinion,,. Document filed by Carole O'Hare, David James Miller, Eileen Bertorelli-Zangrillo, D. Hamilton Peterson, Margaret Ann Cashman, Adelaide Maureen Driscoll, Jerry Guadagno, Allison Vadhan.(Schiavo, Mary)
MEMORANDUM OF LAW in Support re: [1131] MOTION to Compel - Plaintiffs' Motion for Order to Produce the Cockpit Voice Recorder (CVR) Recording. MOTION to Compel - Plaintiffs' Motion for Order to Produce the Cockpit Voice Recorder (CVR) Recording.. Document filed by David James Miller, Catherine Stefani, Eileen Bertorelli-Zangrillo, D. Hamilton Peterson, John M. Driscoll, Margaret Ann Cashman, Adelaide Maureen Driscoll, Jerry Guadagno, Allison Vadhan. (Attachments: # (1) Exhibit 1)(Elsner, Michael)
MOTION to Compel - Plaintiffs' Motion for Order to Produce the Cockpit Voice Recorder (CVR) Recording. Document filed by David James Miller, Catherine Stefani, Eileen Bertorelli-Zangrillo, D. Hamilton Peterson, John M. Driscoll, Margaret Ann Cashman, Adelaide Maureen Driscoll, Jerry Guadagno, Allison Vadhan. (Attachments: # (1))(Elsner, Michael)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 6186(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 7/6/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 7073(AKH) and dismissing the complaint with prejudice as to all defendants. (Signed by Judge Alvin K. Hellerstein on 7/6/07) (Attachments: # (1) notice of right to appeal)(ml)
SUMMARY ORDER that Plaintiffs and Cross-Claim Plaintiffs may seek discovery in categories identified in their 2E letter of July 3, 2007. Plaintiffs are not required to replead their master complaints, but should they find amendment necessary, are granted leave to do so within 10 days of this Order. The parties have presented me with sufficient information to resolve this dispute pursuant to my Individual Rule 2E. I do not have to wait for a Rule 56(f) application in response to Boeing's motion for summary judgment. Boeings motion for summary judgment is denied [1006 in 21MC97] as premature, without prejudice and with leave to renew when discovery is completed. In light of these rulings, the parties are directed to meet and confer to resolve remaining issues relating to the scope of Plaintiffs' discovery demands... and as further set forth in said Summary Order. This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 7/9/07) (rjm)
CLERK'S JUDGMENT That for the reasons stated in the Court's Summary Order dated June 27, 2007, judgment is entered in favor of U.S. Airways, Colgan Air, and Continental Airlines with respect to Cross-Claims by the WTCP Entities Against Certain Defendants in Plaintiffs Amended Flight 175 Master Liability Complaint, Sept. 2, 2004 (document no. 589). (Signed by J. Michael McMahon, clerk on 7/6/07) (Attachments: # (1) notice of right to appeal)(ml)
CLERK'S JUDGMENT That for the reasons stated in the Court's Summary Order dated June 27, 2007, judgment is entered in favor of U.S. Airways, Colgan Air, and Continental Airlines with respect to Cross-Claims by the Port Authority Against Certain Defendants in Plaintiffs Amended Flight 175 Master Liability Complaint, Sept. 10, 2004 (document no. 591). (Signed by J. Michael McMahon, clerk on 7/6/07) (Attachments: # (1) notice of right to appeal)(ml)
MEMORANDUM AND OPINION # 94890 SUPPORTING ORDER TO SEVER ISSUES OF DAMAGES AND LIABILITY IN SELECTED CASES, AND TO SCHEDULE TRIAL OF ISSUES OF DAMAGES... regarding the procedures to be followed that shall govern the handling of the issues in this Opinion. (Signed by Judge Alvin K. Hellerstein on 7/5/07) (rjm).
ORDER REGULATING DISCOVERY IN CONTEXT OF PENDING MOTION FOR SUMMARY JUDGMENT. The parties shall attend an Oral Argument set for 7/9/2007 at 03:00 PM before Judge Alvin K. Hellerstein... and as further set forth regarding the procedures to be followed that shall govern the handling of this Order. This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 7/5/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Andrew J. Scholz dated 7/3/07 re: Request that this Court enter an Order directing the Clerk of Court 1. to replace Exhibits 1 and 32 with the enclosed substitute exhibits and 2. to destroy the originally-filed Exhibits 1 and 32. ENDORSEMENT: So Ordered. This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 7/3/07) (rjm)
SUMMARY ORDER... the Clerk shall enter judgment in favor of U.S. Airways, Colgan Air, and Continental Airlines with respect to Cross-Claims by the Port Authority Against Certain Defendants in Plaintiffs' Amended Flights 175 Master Liability Complaint, Sept. 10, 2004 (document no. 591). This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 7/3/07) (rjm)
MEMORANDUM OPINION AND ORDER REGARDING PUNITIVE AND COMPENSATORY DAMAGES # 94870... that Defendants' motion to strike Plaintiffs' claims for punitive damages is granted, except as to claims against Argenbright Security, and Plaintiffs' motion for a determination that Pennsylvania law shall apply to their claims for compensatory damages arising out of United Airlines Flight 93 is denied... and as further set forth in said Memorandum Opinion & Order. (Signed by Judge Alvin K. Hellerstein on 7/3/07) (rjm).
DECLARATION of Jeffrey J. Ellis in Support re: [1116] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
MEMORANDUM OF LAW in Support re: [1116] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Brian J. Alexander dated 6/28/07 re: Request that Ms. Bates' Declaration be filed as the final supplement to Plaintiffs' Memo of Law in Opposition to Defts' Motion and Ptffs' Cross Motion for Declaration of Domicile, filed electronically on 6/8/07 (Docket #79). ENDORSEMENT: Rejected for reasons previously stated. This Document relates to 21MC97 and 02-3676. (Signed by Judge Alvin K. Hellerstein on 7/2/07) (rjm)
ORDER SCHEDULING DAMAGES TRIAL AND PRETRIAL PROCEEDINGS. It is ordered that the following cases will be made ready for a trial of damages only: 02-7912, 03-6966, 02-7153, 03-6968, 02-7150, 02-456. Trial shall take place on and after 9/4/07. Pretrial Discovery due by 8/10/2007.,Motions in limine due by 8/17/2007.,Responses/objections to motions in limine and proposed jury instructions due by 8/24/2007, Pretrial Conference set for 8/30/2007 at 10:00 AM before Judge Alvin K. Hellerstein. This Document relates to 02-7912, 03-6966, 02-7153, 03-6968, 02-7150, 02-456. (Signed by Judge Alvin K. Hellerstein on 7/2/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Beth E. Goldman dated 7/2/07 re: Response to the Court's order of 6/22/07, regarding the unsealing of the exhibits submitted by plaintiffs and referred to in their letter to the Court dated 5/25/07... and request that plaintiffs substitute the redacted exhibits for those previously submitted. ENDORSEMENT: "So Ordered." This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 7/2/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Brian J. Alexander dated 7/2/07 re: Request that the Court allow the parties 30 days to further negotiate or mediate this case before deciding or otherwise addressing the pending motion. ENDORSEMENT: Since the issue is before me, I intend to decide it in its proper turn. If, in the meantime, the case is settled, notice to the Court thereof will moot the motion. This document relates to 21MC97 and 02cv3676. (Signed by Judge Alvin K. Hellerstein on 7/2/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Brian J. Alexander dated 6/28/07 re: Request that Ms. Bates' Declaration be filed as the final supplement to Plaintiffs' Memo of Law in Opposition to Defts' Motion and Ptffs' Cross Motion for Declaration of Domicile, filed electronically on 6/8/07. ENDORSEMENT: Rejected, for reasons expressed earlier this day. This Document relates to 21MC97, 21MC101 and 02-3676. (Signed by Judge Alvin K. Hellerstein on 6/29/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Brian J. Alexander dated 6/25/07 re: Request that Ms. Reeder's Declaration be filed as a supplement to Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion and Plaintiffs' Cross Motion for Declaration of Domicile. ENDORSEMENT: The submission is rejected. It is entirely or largely heresay. Motions also should be entire when made, and not depend on information supplied separately and supplementally. This Document relates to 21MC97 and 02-3676. (Signed by Judge Alvin K. Hellerstein on 6/29/07) (rjm)
ORDER CONCERNING SETTLEMENT. On May 9,2007, I approved a settlement of this case. Pursuant to agreed and ordered procedure, plaintiff submitted a proposed order for division of the proceeds of settlement. I decline to approve the proposed division. The essential point of disagreement arises from a proposed distribution to plaintiff's attorneys of 25 percent of the net settlement. All settlements thus far have been based on a 15 percent attorney's fee, based on the net settlement proceeds. I have declined to approve settlements that allocated more to attorneys... the Filipov settlement will be approved if attorneys' fees are limited to 15 percent of net proceeds. Plaintiff Filipov and Motley Rice LLC shall resubmit an application for a division of settlement proceeds conforming to this order. (Signed by Judge Alvin K. Hellerstein on 6/28/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:03-cv-07076-AKH(rjm)
DECLARATION of Reply Declaration of Maura K. Monaghan in Support re: [965] MOTION for a Declaration with Regard to Domicile.. Document filed by American Airlines, Inc.. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3 Part A# (4) Exhibit 3 Part B# (5) Exhibit 4# (6) Exhibit 5# (7) Exhibit 6# (8) Exhibit 7# (9) Exhibit 8# (10) Exhibit 9)(Barry, Desmond)
REPLY MEMORANDUM OF LAW in Support re: [965] MOTION for a Declaration with Regard to Domicile.. Document filed by American Airlines, Inc.. (Barry, Desmond)
SUMMARY ORDER. The Clerk shall enter judgment in favor of U.S. Airways, Colgan Air, and Continental Airlines with respect to Cross-Claims by the WTCP Entities against Certain Defendants in Plaintiffs' Amended Flight 175 Master Liability Complaint, Sept. 2, 2004 (doc. no. 589). This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 6/27/07) (rjm)
SUMMARY ORDER. The parties appeared before me on 6/14/07 for an oral argument on four motions: Defts. moved for a determination of applicable law concerning the standard of care against which their conduct is to be measured in these consolidated cases arising under the Air Transportation Safety and System Stabilization Act of 2001. The motion is denied without prejudice... Defts. moved for a determination of the scope of discovery it may obtain from the government, and in particular whether they may discover from the government pre-September 11 intelligence and other threat information known to the government but not conveyed to Defendants. The motion is denied without prejudice... Defendants moved to strike wrongful death plaintiffs' claims for punitive damages... the motion is granted with respect to plaintiffs Teague (03cv6800) and Falkenberg (02cv7145). With respect to the remaining plaintiffs' punitive damages claims, decision is reserved, and an opinion and order will issue. Plaintiffs suing for the wrongful death of eight passengers who perished on board United Airlines Flight 93 moved for a determination that Pennsylvania law governs their claims for compensatory damages. Decision is reserved, and an opinion and order will issue... The exhibit binder proposed to be filed under seal, containing the exhibits identified in WTCP's letter of 5/25/07, shall be filed publicly, unless within 10 days, the Transportation Security Administration identifies matters within those exhibits that should be filed under seal. By email to Chambers, Defts represent, in the context of a motion to declare domicile, that Plaintiff consents to enlarge Defts' time to file reply briefing by 6/29/07. The extension is granted. The parties shall appear for a status conference on 6/25/07, 4:00pm. This Document relates to 21MC97 and 21MC101. (Signed by Judge Alvin K. Hellerstein on 6/22/07) (rjm)
STIPULATION OF DISMISSAL WITHOUT PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s)in Case No. 04cv9627 against Defendant(s) -US Airways, Inc. and US Airways Group, Inc- in the captioned lawsuit shall be dismissed by the Court without prejudice and without costs to either party as against the other in the individual action listed above. (Signed by Judge Alvin K. Hellerstein on 6/21/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 1:04-cv-09627-AKH(rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Elizabeth S. Smith dated 6/12/07 re: Granted request that the enclosed exhibit replace Docket No. 1071-2, which contained an error regarding the identification of a claimant. (Signed by Judge Alvin K. Hellerstein on 6/14/07) (rjm)
EXHIBITS to Plaintiffs' Declaration in Opposition to Motions to determine the Applicable Standard of Care. This Document relates to 21MC97 and 21MC101. (rjm).
NOTICE of Defendant The Boeing Company's Notice to Pro Se Litigant Opposing Motion for Summary Judgment. Document filed by Boeing Co.. (Rosencrans, Todd)
ORDER Endorsement on DECLARATION OF JEREMY SHERER... "The Clerk shall accept for docketing." This Document relates to 21MC97, 21MC101 and 02-3676. (Signed by Judge Alvin K. Hellerstein on 6/13/07) (rjm)
STIPULATION AND ORDER... "I decline to sign this stipulation. The motion to sever trial of punitive damage claims is denied, subject to reinstatement without prejudice following hearing and determination of the motions scheduled to be heard 6/14/07." This Document relates to 21MC101. (Signed by Judge Alvin K. Hellerstein on 6/12/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jason T. Cohen dated 6/12/07 re: "A substitute filing may be made. Confidentiality is denied without prejudice to a showing of need by TSA." This Document relates to 21MC101. (Signed by Judge Alvin K. Hellerstein on 6/12/07) (rjm)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1034] MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K# (12) Exhibit L# (13) Exhibit M# (14) Exhibit N# (15) Exhibit O)(Barry, Desmond)
REPLY MEMORANDUM OF LAW in Support re: [1034] MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
AFFIDAVIT OF SERVICE of Victoria A. Turchetti in Support of Declaration of Desmond T. Barry, Jr. and Reply Memorandum of Law in Support of Motion for a Determination of Applicable Law Regarding the Standard of Care and Declaration of Joseph F. Wayland and Memorandum of Law in Further Support of the Aviation Defendants' Motion for Focused Discovery from the Government served on Marc S. Moller; Brian J. Alexander; Robert A. Clifford; Timothy S. Tomasik; Richard Williamson; M. Bradford Stein; Beth Jacob; Beth Goldman; All Aviation Defendants on June 8, 2007. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
REPLY MEMORANDUM OF LAW in Support re: [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
REPLY AFFIRMATION of Jeffrey J. Ellis in Support re: [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
REPLY AFFIDAVIT of Joseph F. Wayland in Support re: [1040] MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D)(Barry, Desmond)
MEMORANDUM OF LAW in Support re: [1040] MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
JOINDER to join 1) Aviation Defendants' Reply Memorandum of Law In Support of Their Motion for a Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims and 2) United's Reply Memorandum in Support of Its Motion for the Determination of Applicable Law, for Dismissal of All Punitive Damages Claims and for the Need for Certain Government Discovery. Document filed by Argenbright Security, Inc..(Wayland, Joseph)
DECLARATION of W. Mark Wood in Support re: [1003] MOTION for Determination of Applicable Law Regarding the Standard of Care.. Document filed by Massachusetts Port Authority, The Port Authority of New York & New Jersey, Metropolitan Washington Airport Authority. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D-1# (5) Exhibit D-2# (6) Exhibit E# (7) Exhibit F# (8) Exhibit G# (9) Exhibit H# (10) Exhibit I# (11) Certificate of Service)(Wood, Willard)
REPLY MEMORANDUM OF LAW in Support re: [1003] MOTION for Determination of Applicable Law Regarding the Standard of Care.. Document filed by Massachusetts Port Authority, The Port Authority of New York & New Jersey, Metropolitan Washington Airport Authority. (Attachments: # (1) Certificate of Service)(Wood, Willard)
REPLY MEMORANDUM OF LAW in Support re: [1011] MOTION Determination of Applicable Law to Punitive Damages Claims.. Document filed by Boeing Co.. (Attachments: # (1) Declaration of Mack H. Shultz, Jr. in Support of The Boeing Company's Motion to Dismiss Punitive Damages)(Shultz, Mack)
AFFIDAVIT OF SERVICE of Victoria A. Turchetti in Support of Aviation Defendants' Reply Memorandum of Law in Support of Their Motion for a Determination of Law Applicable to Flight 11, 77 and 175 Punitive Damage Claims and in Response to Cross-Motion of WTCP Cross-Claim Plaintiffs to Sever and Stay Claims for Punitive Damages served on Marc S. Moller; Brian J. Alexander; Robert A. Clifford; Timothy S. Tomasik; Richard Williamson; M Bradford Stein; Beth Jacob; Beth Goldman; All Aviation Defendants on 06/07/2007. Document filed by American Airlines, Inc.. (Barry, Desmond)
REPLY MEMORANDUM OF LAW in Support re: [1031] MOTION for Discovery for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims.. Document filed by American Airlines, Inc.. (Barry, Desmond)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... It is hereby Stipulated and Agreed by and between the undersigned attorneys of record... that the Cross-Claims by the Cross-Claim Plaintiff The Port Authority of New York and New Jersey (PANYNJ), contained in the Amended Flight 11 Master Liability Complaint and 175 Master Liability Complaint, against defendant AirTran, are hereby dismissed without prejudice and without costs to either party as against the other... and as further set forth in said stipulation of dismissal. This Document relates to 21MC101 as well as All Cases. (Signed by Judge Alvin K. Hellerstein on 6/6/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
NOTICE OF CHANGE OF ADDRESS by Beth D. Jacob on behalf of The Port Authority of New York & New Jersey. New Address: Schiff Hardin LLP, 900 Third Avenue, New York, New York, 10022, 212-753-5000. (Jacob, Beth)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 6802 (AKH) and dismissing the complaint with prejudice as to all defendants and without costs. (Signed by Judge Alvin K. Hellerstein on 6/5/07) (Attachments: # (1) notice of right to appeal)(ml) Modified on 6/6/2007 (Lee, Michael).
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 6364(AKH) and dismissing the complaint with prejudice as to all defendants and without costs. (Signed by Judge Alvin K. Hellerstein on 6/5/07) (Attachments: # (1) notice of right to appeal)(ml)
AMENDED MEMORANDUM OF LAW in Opposition re: (1040 in 1:21-mc-00097-AKH-THK) MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government., (1026 in 1:21-mc-00097-AKH-THK) MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery.. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P., plaintiffs. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
PRIVACY ACT ORDER. To the extent that the Government objects to providing the parties with the requested information on the ground that such production is prohibited by the Privacy Act, the objection is overruled and the US shall produce the Requested Information to the parties purs. to 5 U.S.C. 552a(b)(11). This Document relates to 21MC101. (Signed by Judge Alvin K. Hellerstein on 6/5/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
ORDER... that the deadline for defendants to serve cross-claims and third-party claims in extended to 9/1/07; Where a statutory Notice of Claim provision applies, the deadline for defendants to serve such Notice of Claim is extended to 9/1/07, and the deadline to serve cross-claims and third-party claims is extended to 9/1/07 plus the term of the Notice of Claim period provided in the applicable statute... and as further set forth regarding the procedures to be followed that shall govern the handling of deadline extension. This Document relates to 21MC101 (Doc. No. 282). (Signed by Judge Alvin K. Hellerstein on 6/5/07) (rjm).
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jason T. Cohen dated 5/25/07 re: Granted request that Your Honor direct the Clerk of Court to file the aforementioned exhibits (Exhibits Nos. 19, 21, and 22, which have been broadly marked as confidential by various Aviation Defendants) under seal. This Document relates to 21MC101. (Signed by Judge Loretta A. Preska on 5/25/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jason T. Cohen dated 5/25/07 re: Granted request for the Court's permission to file Plaintiffs' exhibits separately, in hardcopy format... and that Your honor direct the Clerk of Court to file the aforementioned exhibits (the exhibits to Plaintiffs' declaration which have been broadly marked as confidential by various Aviation Defendants) under seal. This Document relates to 21MC101. (Signed by Judge Loretta A. Preska on 5/25/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mary Schiavo dated 5/17/07 re: Granted request for an enlargement of time of three business days to and including 5/23/07 to respond to Deft. American Airline's Opposition to the Motion for Summary Judgment in the two actions 02-7145 and 03-6800. This Document relates to 02-7145 and 03-6800. (Signed by Judge Alvin K. Hellerstein on 5/17/07) (rjm)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Brian J. Alexander dated 5/24/07 re: Granted request that the Court approve the proposed amended briefing schedule set forth., Set Deadlines/Hearing as to [965] MOTION for a Declaration with Regard to Domicile. Responses due by 6/8/2007 Replies due by 6/22/2007. This Document relates to 02cv3676. (Signed by Judge Leonard B. Sand on 5/31/07) (rjm)
DECLARATION of Justin B. Kaplan in Support re: [963] MOTION Notice of Motion for Choice of Law Determination.. Document filed by plaintiffs. (Attachments: # (1) Exhibit A# (2) Exhibit B-1# (3) Exhibit B-2# (4) Exhibit C-D)(Schiavo, Mary)
DECLARATION of Justin B. Kaplan in Opposition re: [1011] MOTION Determination of Applicable Law to Punitive Damages Claims., [1031] MOTION for Discovery for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims., [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery., [1024] MOTION for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims.. Document filed by plaintiffs. (Attachments: # (1) Exhibit A)(Schiavo, Mary)
MEMORANDUM OF LAW in Opposition re: [1011] MOTION Determination of Applicable Law to Punitive Damages Claims., [1031] MOTION for Discovery for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims., [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery., [1024] MOTION for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims.. Document filed by plaintiffs. (Schiavo, Mary)
MEMORANDUM OF LAW in Support re: (1040 in 1:21-mc-00097-AKH-THK) MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government. Memorandum of the Port Authority of New York and New Jersey in Support of Focused Discovery from the Government. Document filed by The Port Authority of New York & New Jersey. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Jacob, Beth)
DECLARATION of Sarah S. Normand in Opposition re: [1040] MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by United States of America. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12) # (13) # (14))(Normand, Sarah)
MEMORANDUM OF LAW in Opposition re: [1040] MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by Intervenor, United States of America. (Normand, Sarah)
MEMORANDUM OF LAW in Opposition re: (1003 in 1:21-mc-00097-AKH-THK) MOTION for Determination of Applicable Law Regarding the Standard of Care., (1026 in 1:21-mc-00097-AKH-THK) MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery., (1034 in 1:21-mc-00097-AKH-THK) MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care., (1016 in 1:21-mc-00097-AKH-THK) MOTION Determination of Applicable Law.. Document filed by World Trade Center Properties, LLC, World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P., plaintiffs. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
DECLARATION of Robert A. Clifford, Gregory P. Joseph, Marc S. Moller, Ronald L. Motley, Richard A. Williamson in Opposition re: (1003 in 1:21-mc-00097-AKH-THK) MOTION for Determination of Applicable Law Regarding the Standard of Care., (1026 in 1:21-mc-00097-AKH-THK) MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery., (1034 in 1:21-mc-00097-AKH-THK) MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care., (1016 in 1:21-mc-00097-AKH-THK) MOTION Determination of Applicable Law.. Document filed by World Trade Center Properties, LLC, World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P., plaintiffs. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
MEMORANDUM OF LAW in Opposition re: (1040 in 1:21-mc-00097-AKH-THK) MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by World Trade Center Properties, LLC, World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P., plaintiffs. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
DECLARATION of Richard A. Williamson in Opposition re: (1040 in 1:21-mc-00097-AKH-THK) MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by World Trade Center Properties, LLC, Port Authority of New York and New Jersey, Port Authority Trans-Hudson Corporation, World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P., plaintiffs. (Attachments: # (1) Exhibit # (2) Exhibit # (3) Exhibit # (4) Exhibit # (5) Exhibit)Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
MEMORANDUM OF LAW in Support re: (58 in 1:03-cv-07076-AKH) MOTION to Sever.. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P.. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
DECLARATION of Wolfgang A. Dase, Esq. in Support re: (58 in 1:03-cv-07076-AKH) MOTION to Sever.. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P.. Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
CROSS MOTION to Sever and Stay Claims for Punitive Damages. Document filed by World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 4 World Trade Center LLC, 5 World Trade Center LLC, 7 World Trade Center Company, L.P..Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(Cohen, Jason)
REPLY MEMORANDUM OF LAW in Support re: [951] MOTION for Summary Judgment.. Document filed by Elaine Teague, Ruth Falkenberg. (Attachments: # (1) Exhibit 5)(Schiavo, Mary)
REPLY MEMORANDUM OF LAW in Support re: [969] MOTION for Summary Judgment by Continental Airlines, Inc. and Joining U.S.Airways, Inc's, U.S. Airways Group, Inc's and Colgan Air, Inc's Motion for Summary Judgment on the World Trade Center Properties' Cross Claims on United F. Document filed by Continental Airlines, Inc.. (Attachments: # (1) Affidavit Supplemental Affidavit of Douglas H. Amster, Esq.# (2) Supplement Continental Airlines. Inc.'s Reply Statement of Material Facts# (3) Affidavit of FIling and Service)(Curcio, Benjamin)
NOTICE of STIPULATION MODIFYING AUTOMATIC STAY BETWEEN DEBTORS AND CROSS CLAIM PLAINTIFFS RELATING TO FLIGHT 11. Document filed by Delta Air Lines, Inc.. (Crowley, Michael)
MEMORANDUM OF LAW in Opposition re: [963] MOTION Notice of Motion for Choice of Law Determination.. Document filed by UAL Corporation, United Airlines, Inc.,. (Sexton, Brian)
STIPULATION OF DISMISSAL without prejudice (This document relates to All Cases); the Cross-Claims by Cross-claim pltffs World Trade Center Properties LLC, 1 World Trace Center LLC, 2 World Trade Center LLC, 4 World Trace Center LLC, 5 World Trade Center LLC and 7 World Trade Company, L.P., contained in the Amended Cross-Claims by WTCP Entities Against Certain Defts in Pltffs' Amended Flight 11 Master Liability complaint and Cross-claims by WTCP Entities Against Certain Defts in Pltffs' Amended 175 Master Liability Complaint, against deft AirTran, are dismissed without prejudice and without costs to either party as against the other. (Signed by Judge Alvin K. Hellerstein on 5/11/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(sn)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 8916(AKH) and dismissing the complaint with prejudice as to all defendants and without costs. (Signed by Judge Alvin K. Hellerstein on 5/9/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 02 CV 7144(AKH) and dismissing the complaint with prejudice as to all defendants and without costs. (Signed by Judge Alvin K. Hellerstein on 5/9/07) (Attachments: # (1) notice of right to appeal)(ml)
FINAL JUDGMENT that there is no just reason for delay pursuant to FRCP 54(b), settling the action as to 03 CV 7076(AKH) and dismissing the complaint with prejudice as to all defendants and without costs. (Signed by Judge Alvin K. Hellerstein on 5/9/07) (Attachments: # (1) notice of right to appeal)Filed In Associated Cases: 1:21-mc-00097-AKH-THK, 2:03-cv-07076-AKH(ml)
ENDORSED LETTER (this document relates to 21mc97, 21mc101) addressed to Judge Alvin K. Hellerstein from Thomas J. McLaughlin dated 5/7/2007 re: requesting approval on the following briefing schedule on Boeing's motion for summary judgment: plaintiffs' opposition shall be filed and served by 7/13/2007; Boeing's reply shall be filed and served by 8/3/2007. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/8/2007) (kkc)
ENDORSED LETTER (this document relates to 21mc97, 21mc101) addressed to Judge Alvin K. Hellerstein from Andrew J. Scholz dated 5/8/2007 re: explaining the reason for an extension of time for the moving defendants to submit individual reply papers on 6/28/2007 and WTCP cross-claim plaintiffs to submit supplemental opposition papers on 7/26/2007. ENDORSEMENT: Motion denied. There is no apparent relationship between one motion and the other. (Signed by Judge Alvin K. Hellerstein on 5/8/2007) (kkc)
AFFIDAVIT of Desmond T. Barry, Jr. in Opposition re: [951] MOTION for Summary Judgment.. Document filed by American Airlines, Inc.. (Attachments: # (1) Exhibit Exhibit A, Part 1# (2) Exhibit Exhibit A, Part 2# (3) Exhibit Exhibit B, Part 1# (4) Exhibit Exhibit B, Part 2# (5) Exhibit Exhibit B, Part 3# (6) Exhibit Exhibit B, Part 4# (7) Exhibit Exhibit C# (8) Exhibit Exhibit D# (9) Exhibit Exhibit E)(Barry, Desmond)
BRIEF re: [1044] Memorandum of Law in Opposition to Motion Response to Plaintiffs' Statement of Material Facts in Support of Plaintiffs' Motion for Summary Judgment. Document filed by American Airlines, Inc..(Barry, Desmond)
STIPULATION OF DISMISSAL WITHOUT PREJUDICE... that defendant MIDWEST AIRLINES, f/k/a Midwest Express Airlines named herein as two separate defts., MIDWEST AIRLINES, INC. and MIDWEST EXPRESS AIRLINES, INC., is hereby dismissed without prejudice and without cost to either party as against the other in the following individual action consolidated in the In Re: September 11 Litigation (21 MC 97): 03cv6940. Plaintiff specifically reserves the right to recommence this action if the statements in the affidavit of Carol N. Skornicka, submitted on behalf of Midwest Airlines, are proven untrue. This Document relates to 03-6940. (Signed by Judge Alvin K. Hellerstein on 5/2/07) (rjm)
NON-WAIVER AGREEMENT... It is hereby agreed, by and between the undersigned counsel that any disclosure of a document or information by the Government shall not constitute a waiver by the Government of any privilege or other protection that may be applicable or information not disclosed. This Non-Waiver Agreement does not constitute and agreement by the Government to produce any particular document or information in the litigation, and is without prejudice to any objections the Government may have to any party's discovery requests. (Signed by Judge Alvin K. Hellerstein on 5/1/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al. This Document also relates to 21MC101.(rjm)
AFFIDAVIT of Joseph F. Wayland in Support re: [1040] MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # (1) Exhibit A through D# (2) Exhibit Exhibit E through J)(Barry, Desmond)
MOTION for Discovery The Aviation Defendants' Notice of Motion for Focused Discovery from the Government. Document filed by AMR Corporation, American Airlines, Inc..(Barry, Desmond)
DECLARATION of Desmond T. Barry, Jr. in Support re: [1034] MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, America West Ailines, Inc.. (Attachments: # (1) Exhibit A Part 1# (2) Exhibit A Part 2# (3) # (4) Exhibit A Part 4# (5) Exhibit B Part 1# (6) Exhibit B Part 2# (7) Exhibit C through F)(Barry, Desmond)
DECLARATION of Jeffrey J. Ellis in Support re: [1036] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation. (Sexton, Brian)
MEMORANDUM OF LAW in Support re: [1036] MOTION to enter final judgment and rule that the ATSSSA limitation applies.. Document filed by UAL Corporation, United Airlines, Inc.,, Huntleigh USA Corporation. (Sexton, Brian)
RESPONSE to Motion re: [1034] MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MOTION for Discovery for a Determination of Applicable Law Regarding the Standard of Care. Document filed by AMR Corporation, American Airlines, Inc..(Barry, Desmond)
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE... that deft. AirTran Airways, Inc. is dismissed w/out prejudice and w/out costs to either party as against the other in the following individual actions consolidated in the In Re September 11 Litigation (21 MC 97) and in any other actions involving United Airlines Flight 175 departing from Logan Airport in Boston... 03-6802, 02-6364, 02-7154, 03-6811, 03-6801, 02-7153, 02-2802, 02-0458, 03-7083, 02-7152, 03-7084, 02-1727, 02-6365. Ptffs specifically reserve the right to recommence these actions if the statements in the 1/26/06 or 6/19/06 affidavits of Warren Turner submitted on behalf of AirTran Airways, Inc. are proven untrue. (Signed by Judge Alvin K. Hellerstein on 4/30/07) Filed In Associated Cases: 1:21-mc-00097-AKH-THK et al.(rjm)
MEMORANDUM OF LAW in Support re: [1031] MOTION for Discovery for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
MOTION for Discovery for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims. Document filed by AMR Corporation, American Airlines, Inc..(Barry, Desmond)
DECLARATION of Jeffrey J. Ellis in Support re: [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery.. Document filed by United Airlines, Inc.,. (Attachments: # (1) Exhibit A# (2) Exhibit B Part 1# (3) Exhibit B Part 2# (4) Exhibit B Part 3# (5) Exhibit C# (6) Exhibit D# (7) Exhibit E# (8) Exhibit F# (9) Exhibit G)(Sexton, Brian)
DECLARATION of Jeffrey J. Ellis in Support re: [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery.. Document filed by United Airlines, Inc.,. (Attachments: # (1) Exhibit A)(Sexton, Brian)
MEMORANDUM OF LAW in Support re: [1026] MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery.. Document filed by United Airlines, Inc.,. (Sexton, Brian)
DECLARATION of Kathleen M. Guilfoyle in Support re: [1024] MOTION for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims.. Document filed by US Airways Group, Inc., US Airways, Inc.,. (Attachments: # (1) Exhibit US Airways Voluntary Bankruptcy Petition# (2) Exhibit US Airways Suggestion of Bankruptcy# (3) Exhibit Order re Automatic and Compromising Claims# (4) Exhibit Stipulation Modifying Stay with Tort Lit Pltfs -- Exhibit 4 to KMG Decl# (5) Exhibit US Airways Joint Plant of Reorganization# (6) Exhibit Confirm of Joint Plan of Reorganization# (7) Exhibit Stip with PDBL Plaintiffs# (8) Exhibit Stipulation with Cross Claim Pltfs)(Guilfoyle, Kathleen)
MOTION Determination of Applicable Law, Dismissal of All Punitive Damage Claims and for Certain Government Discovery. Document filed by United Airlines, Inc.,.Return Date set for 6/14/2007 10:00 AM.(Sexton, Brian)
MEMORANDUM OF LAW in Support re: [1024] MOTION for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims.. Document filed by US Airways Group, Inc., US Airways, Inc.,. (Guilfoyle, Kathleen)
MOTION for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims. Document filed by US Airways Group, Inc., US Airways, Inc.,. (Attachments: # (1) Exhibit Proposed Order)(Guilfoyle, Kathleen)
DECLARATION of Thomas J. McLaughlin in Support re: [1006] MOTION for Summary Judgment.. Document filed by The Boeing Company. (Attachments: # (1) Exhibit Volume III Index# (2) Exhibit Q, Part 1# (3) Exhibit Q Part 2# (4) Exhibit Q Part 3# (5) Exhibit Q Part 4# (6) Exhibit Q Part 5# (7) Exhibit Q Part 6# (8) Exhibit Q Part 7# (9) Exhibit R Part 1# (10) Exhibit R Part 2# (11) Exhibit S - U)(Rosencrans, Todd)
DECLARATION of Thomas J. McLaughlin in Support re: [1006] MOTION for Summary Judgment.. Document filed by The Boeing Company. (Attachments: # (1) Exhibit Volume II, Index# (2) Exhibit L# (3) Exhibit M# (4) Exhibit N - O# (5) Exhibit P)(Rosencrans, Todd)
DECLARATION of Thomas J. McLaughlin in Support re: [1006] MOTION for Summary Judgment.. Document filed by The Boeing Company. (Attachments: # (1) Exhibit Index to Volume I# (2) Exhibit Exhibits A - F# (3) Exhibit Exhibit G-J# (4) Exhibit K, Pt 1# (5) Exhibit K - Part 2# (6) Exhibit K Part 3# (7) Exhibit K Part 4# (8) Exhibit K Part 5# (9) Exhibit K Part 6# (10) Exhibit K Part 7# (11) Exhibit K Part 8# (12) Exhibit K, Part 9# (13) Exhibit K, Part 10)(Rosencrans, Todd)
DECLARATION of Mary P. Gaston in Support re: [1016] MOTION Determination of Applicable Law.. Document filed by Boeing Co.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F)(Shultz, Mack)
DECLARATION of Richard Breuhaus in Support re: [1011] MOTION Determination of Applicable Law to Punitive Damages Claims.. Document filed by Boeing Co.. (Shultz, Mack)
MEMORANDUM OF LAW in Support re: [1011] MOTION Determination of Applicable Law to Punitive Damages Claims.. Document filed by Boeing Co.. (Attachments: # (1) Exhibit A)(Shultz, Mack)
BRIEF re: [1010] Notice (Other) of Motion for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims. Document filed by US Airways, Inc.,.(Guilfoyle, Kathleen)
NOTICE of Motion for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims. Document filed by US Airways, Inc.,. (Guilfoyle, Kathleen)
MEMORANDUM OF LAW in Support re: [1003] MOTION for Determination of Applicable Law Regarding the Standard of Care.. Document filed by Massachusetts Port Authority, The Port Authority of New York & New Jersey, Metropolitan Washington Airport Authority. (Attachments: # (1) Certificate of Service)(Wood, Willard)
FILING ERROR - DEFICIENT DOCKET ENTRY - (WRONG EXHIBITS ATTACHED) - DECLARATION of W. Mark Wood in Support re: [1003] MOTION for Determination of Applicable Law Regarding the Standard of Care.. Document filed by Massachusetts Port Authority, The Port Authority of New York & New Jersey, Metropolitan Washington Airport Authority. (Attachments: # (1) Certificate of Service)(Wood, Willard) Modified on 5/2/2007 (GF).
MOTION for Determination of Applicable Law Regarding the Standard of Care. Document filed by Massachusetts Port Authority, The Port Authority of New York & New Jersey, Metropolitan Washington Airport Authority.(Wood, Willard)
NOTICE of Motion for Determination of the Law Applicable to Flight 11, 77 and 175 Punitive Damages Claims. Document filed by US Airways Group, Inc., US Airways, Inc.,. (Attachments: # (1) Text of Proposed Order dismissing punitive claims against US Airways, Inc. and US Airways Group, Inc.)(Guilfoyle, Kathleen)
Third party AI contribution in government documents
Possible
Document content is reproduced directly from government sources. Some filings in our database may themselves contain AI-generated content submitted by third parties to government agencies.
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