IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: | ADMINISTRATIVE DOCKET | ASBESTOS CASES | NO. 202 OF 2005 CASE MANAGEMENT ORDER FOR ASBESTOS CASES PENDING THREE YEARS OR MORE THAT HAVE NOT BEEN PLACED AT ISSUE 1. Beginning May 2005, the Court will periodically issue lists of cases that will be governed by this Case Management Order. Each list will set forth the date by which a Plaintiff Information Sheet must be filed with the Prothonotary for cases appearing on this list. (The date will be at least sixty (60) days after the issuance of the list.) 2. The Plaintiff Information Sheet that must be submitted is attached to this Case Management Order as Attachment 1. However, the copy filed with the Prothonotary will not include either plaintiffs Social Security Number or Railroad 1D Number (if applicable). Copies of the Plaintiff Information Sheet will be furnished to the Clerk of the Asbestos Docket and Liaison Defense Counsel. These copies shall include plaintiff's Social Security Number and Railroad 1D Number, if applicable.At the time of submission of the Plaintiff Information Sheet, counsel for any party may furnish a one-page Motion and Court Order to the Clerk of the Asbestos Docket to assist in obtaining medical and hospital records. Plaintiff shall serve the Plaintiff Information Sheet upon all other parties (i) pursuant to Pa.R.C.P. No. 440, (ji) through posting on the extranet site maintained by plaintiffs’ counsel, or (ii) by e-mail to each attorney appearing on the asbestos counsel e-mail list maintained by the Clerk of the Asbestos Docket. 3. If a plaintiff fails to timely file the Plaintiff Information Sheet with the Prothonotary, any defendant, on behaff of all defendants, may file with the Prothonotary (with a copy furnished to the Clerk of the Asbestos Docket) a Praecipe to Dismiss the case. A Notice of Intent to file the Praecipe to Dismiss must be served upon plaintiff's counsel at least ten (10) days prior to the filing of the Praecipe to Dismiss. Upon receipt of the Praecipe, the Prothonotary shall enter a judgment dismissing the case as to all defendants On its own motion, the Court may dismiss the case provided that it gave at least ten (10) days notice of its intent to do so after plaintiff's failure to file the Plaintiff Information Sheet. A case shall not be dismissed if the Plaintiff Information Sheet is filed with the Prothonotary prior to the dismissal of the case for failure to file a Plaintiff Information Sheet. 4. Any defendant not named as a party in the Plaintiff Information Sheet may immediately file with the Prothonotary (with a copy furnished to the Clerk of the Asbestos Docket) a Praecipe to Dismiss the case as to that defendant. Upon receipt ofthe Praecipe, the Prothonotary shall enter a judgment dismissing the case as to the defendant who filed the Praecipe. If the omission was an oversight by plaintiff's counsel, counsel must provide evidence that the defendant is properly in the case within ten (10) days. 5. A one-hundred ninety (190) day discovery period will commence from the date by which the Plaintiff Information Sheet was required to be filed 6. Plaintiffs and defendants shall file their list of fact witnesses within one- hundred thirty (130) days from the date by which the Plaintiff Information Sheet was required to be filed. New fact witnesses may be added to the list only by leave of court upon a showing of compelling circumstances. Persons who are not on the list of fact witnesses may not testify at trial unless compelling circumstances are shown 7. Defendants must file with the Prothonotary their Motions for Summary Judgment within two hundred four (204) days from the date by which the Plaintiff Information Sheet was required to be filed. Defendants shall furnish copies of the motions to the Clerk of the Asbestos Docket. Any Summary Judgment Motion that is not timely filed will not be considered without a court order entered upon a showing of compelling circumstances. 8. Plaintiffs must file with the Prothonotary their Responses to Motions for Summary Judgment within two hundred forty-six (246) days from the date by which the Plaintiff Information Sheet was required to be filed. Plaintiffs shall furnish copies of the responses to the Clerk of the Asbestos Docket. The Court will not consider evidence that is not part of the record, which includes the response, in the absence of compelling circumstances.9. If plaintiff has not filed a timely response to a defendant's Motion for Summary Judgment, defendant may file a Praecipe with the Clerk of the Asbestos Docket asking to have the Motion for Summary Judgment granted. The Praecipe must be furnished to plaintiff's counsel at least ten (10) days prior to the filing with the Court, ‘A Motion for Summary Judgment shall not be granted for failure to file a timely response if plaintiffs response is filed with the Prothonotary prior to the granting of the Motion for Summary Judgment. 10. Plaintiffs shall file their expert reports within thirty (30) days after the Motions for Summary Judgment have been ruled upon by the Court. Defendants shall file their expert reports within ninety (90) days after the Motions for Summary Judgment have been ruled upon by the Court. 11. Defendants shall file Giffear Motions with the Prothonotary (with copies to the Clerk of the Asbestos Docket) within sixty (60) days after the Motions for Summary Judgment have been ruled upon by the Court. Plaintiff shall file responses within thirty (30) days thereafter. A failure to file a timely response is governed by paragraph 9 of this Order. 12. Plaintiff's counsel shall make settlement demands to each defendant no later than fourteen (14) days after receipt of defendants’ expert reports. 13. The Court may list a case for trial at any time on or after one-hundred twenty (120) days after the Motions for Summary Judgment have been ruled upon, provided that the Court will give the parties at least thirty (30) days’ notice of the trial date.* @ @ NO. AD. 202 of 2005 14. Nothing in this Case Management Order bars a party from placing at issue any case that has not been placed on a list of cases that will be governed by this Case Management Order. BY THE COURT: Witeh z- WETTICK, A.J. DATED: April 21, 2005IN THE COURT OF COMMON PLEAS of ALLEGHENY COUNTY, PENNSYLVANIA ) ) G.D.No. ) PLAINTIFE’S INFORMATION ) SHEET etal, J ) ) Defendants. PLAINTIFF'S INFORMATION SHEET 0 fete EE vas diseased wih ees ied par Address: Injured Pany’s date of bi wee) worked at _Stee! Mill thi during the following years 3. The remaining defendants in the above-captioned case are as follows [See tachment “A°] A. Plaintiff's Counsel certifies that they have provided Lead Counsel for the Defendant with; i. A complete medical history of any and all hospitalizations and of any and all treating physicians, ii, One standard copy of executed authorizations for releases of medical, employment, workers compensation, social security disability. ineome tax returns, railroad retirement board records, and all other relevant records. Certified by: __ Date: Counsel for Plaintifis ***Parageaph 2 will only apply for individuals who worked at one steel mil iobsite. ATTACHMENT 1