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ALAN R. BRAYTON, ESQ., S.B. #73685 DAVID R. DONADIO, ESQ., S.B. #154436 BRAYTON~PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 (415) 898-1555 (415) 898-1247 (Fax No.) Attorneys for Plaintiff UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF PENNSYLVANIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) This document relates to Carolan etc. et al. v. ) General Electric Company, United States District ) Court for the Northern District of California, ) Case No.C07-4352-EMC. ) ) ) ) ) ) ) IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI), Civil Action No. MDL. 875
REVISED STATEMENT OF CASE STATUS AS TO PLAINTIFF: GILLIAN CAROLAN
DEADLINE: DECEMBER 1, 2007
By letter of October 31, 2007, Counsel for Plaintiff submitted to the Court a Statement of Case Status. Said Statement did not include the report of Pulmonologist H. R. Bruch, M.D. This Revised Statement of Case Status is submitted to include the Dr. Bruch's report with the Statement. Plaintiff respectfully asks the Court to accept this revised statement in substitution of the report previously submitted. This Revised Statement of Case Status is submitted within the December 1, 2007 deadline. Therefore, Pursuant to Administrative Order No. 12 of May 31, 2007, the abovereferenced plaintiff makes the following statements: 1. SUBMISSION OF IDENTIFICATION INFORMATION: Plaintiff (full name):
GILLIAN CAROLAN; Date of Birth: Gillian Carolan was born June 24, 1982 (Injured Party Michael T. Carolan was born March 7, 1950); Last four digits of plaintiff's social security
STATEMENT OF CASE STATUS - - MDL DOCKET NO. 875
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number: Gillian Carolan's social security information is "6886" (Michael T. Carolan's social security information is "0987"); Plaintiff is a/an: statutory wrongful death heir (The person who suffered the asbestos-related injury was Carolan, Michael T.) 2. SUBMISSION OR RELATED COURT ACTIONS: Plaintiff identifies the
following prior and/or pending related court actions (the status of each of the following being "pending" in the court unless otherwise indicated below); attached hereto, and incorporated here by this reference is a list of the parties in the related court action(s): Carolan v. Asbestos Defendants, San Francisco Superior Court, State of California, case number 455748, filed August 31, 2006, amended for wrongful death allegations on March 21, 2007. Active. Pending. 3. SUBMISSION OF STATEMENT OF CASE STATUS: The sole defendants in
this action is GENERAL ELECTRIC COMPANY which is active and unsettled. Plaintiff is not currently seeking dismissal of any of the active unsettled defendants. 4. SUBMISSION OF MEDICAL REPORTS: Plaintiff submits that attached
medical diagnosing report(s) / opinion(s). 5. 6. ALTERNATIVE PLAINTIFF SUBMISSION: Not Applicable. TIMING REQUIREMENTS: The schedule set forth by the Court in Paragraph 6
of Administrative Order No. 12 states that "Plaintiffs whose cases were filed during the years 2007 shall file with the court their required papers on or before August 1,2007." Although this Plaintiff filed this action in 2007, it was filed in the originating Court after August 1, 2007 and has only recently come under the Jurisdiction of the Honorable James T. Giles, U.S. District Judge, Eastern District of Pennsylvania ("Transferee Court"). The Conditional Transfer Order No. 291 was sent to the Transferee Court sometime after October 17, 2007. Plaintiff submits that this report is submitted within a reasonable time following transfer of jurisdiction and respectfully requests that the Court accept the report as timely. 7. 8. /// SCREENED CASES: Plaintiff's claims are not the result of a mass screening. EXCLUSIONS: This case is not designated as 2MDL 875 (MARDOC).
STATEMENT OF CASE STATUS - - MDL DOCKET NO. 875
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9.
SETTLEMENT CONFERENCE / SUGGESTIONS OF REMAND: Plaintiff
respectfully asks that a settlement conference be set in this matter and seeks remand of this case back to the originating court. 10. MANNER OF SUBMISSIONS: The foregoing report and attachments is served
in this above-identified action pursuant to the local rules of the originating court, upon filing with said court, using that Court's transmission facilities, to recipients by means of the said court's Case Management / Electronic Case Filing (CM/ECF) system. See Certificate of Service attached hereto. Dated: ________________
November 18, 2007
BRAYTON~PURCELL LLP
/s/ DAVID R. DONADIO
By: ____________________ David R. Donadio Attorneys for Plaintiff
STATEMENT OF CASE STATUS - - MDL DOCKET NO. 875
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DEFENDANTS IN STATE COURT ACTION
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