EFiled: Apr 29 2011 10:29AM EDT Transaction ID 37310753 Case No.

MC 77C-ASB-2 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN RE: ASBESTOS LITIGATION

C.A. No. 77C-ASB-2

STANDING ORDER NO. 1 Amended on April 29, 2011

To expedite the proceedings in all asbestos actions filed in this Court by coordination of and cooperation in the filing of cases, submission of and response to initial written discovery, the scheduling of motions, in briefing, in later discovery, in oral argument and in other pretrial procedures: IT IS HEREBY ORDERED, as follows: 1. Except as to those standard forms of discovery requests approved and mandated by prior versions of this Order and which remain so approved and mandated until further Order and which are attached hereto as Exhibit A (Standing Order No. 1 Interrogatories and Requests for Production Directed to Plaintiffs) and as Exhibit B (Standing Order No. 1 Interrogatories and Requests for Production Directed to Defendants) Standing Order No. 1 as amended on December 3, 2003 is vacated and superseded by this Order. The time provisions of this Amended Standing Order No.1 shall not reopen any expired period which required that certain actions be taken within a time period provided by the previous Standing Order No. 1. The following previously-issued Standing orders are vacated and/or superseded by this Order as well. Any Standing Order not specifically vacated and/or superseded by this Order shall remain in effect until further Order. (a) Standing Order No. 2 entered on March 8, 1983 dealing with depositions of plaintiffs noticed by defendants is vacated in its entirety. The provisions of that Standing Order have been abandoned, have gone without enforcement for a significant time, and no longer appear necessary. Standing Order No. 3 entered on March 30, 1983 regarding the filing of appendices and attachments to briefs is vacated in its entirety. The provisions of that Standing Order have been abandoned, have gone without enforcement for a significant time, and no longer appear necessary. Standing Order No. 4 entered on December 28, 1984 regarding the filing of pleadings in more than one matter is vacated in its entirety as rendered moot by the electronic filing system in use by this Court. Standing Order No. 6 entered on April 26, 1985 and addressing deposition transcript changes is vacated as the provisions of that Order no longer

(b)

(c)

(d)

comport to practice regarding deposition transcripts in this litigation. Errata sheets shall be provided to any witness who refuses to waive the right to read and examine the transcript from his or her deposition and shall be completed and submitted to Defense Coordinating Counsel within thirty days of the submission of the transcript and Errata Sheet to such witness. (e) Standing Order No. 7 entered on April 26, 1985 regarding the filing of motions to intervene is vacated and superseded by the Superior Court Rules of Civil Procedure which shall apply to intervention in asbestos actions. Standing Order No. 8 entered on July 18, 1985 regarding the filing of documents with the Prothonotary is revoked in its entirety as the provisions of that Order no longer comport to filing practice. Standing Order No. 9 entered on January 21, 1986 and establishing the Superior Court in and for New Castle County as the proper court and venue for asbestos cases is vacated and redesignated herein at Paragraph 2. Standing Order No. 11 entered on October 5, 1987 regarding the handling of pathology and radiographic materials is vacated in its entirety. The provisions of that Standing Order have been abandoned and have gone without enforcement for a significant time. The spirit and intent of Standing Order No. 11 are preserved and continued through new provisions of this Order. Standing Order No. 13 entered on June 16, 1992 is revoked in its entirety as its terms are incorporated into this Order. Standing Order No. 14 entered on December 23, 1992 regarding standardized pleadings and forms is revoked in its entirety and redesignated herein at Paragraph 9. General Scheduling Order No. 2 entered on March 31, 1992 is revoked in its entirety and replaced by General Scheduling Order No. 1 issued contemporaneously with this Order.

(f)

(g)

(h)

(i) (j)

(k)

2. Any case where the primary issue is alleged damage to property or alleged personal injury related to asbestos or asbestos-containing products shall be docketed initially in the Superior Court for New Castle County and shall not be filed in the Superior Court in and for Kent or Sussex Counties or any other State court. If, however, an asbestos case is filed in a Delaware State court other than the Superior Court in New Castle County, said filling shall be forwarded without need for Order of the Court to the Prothonotary for New Castle County and be afforded the filing date on which it was originally filed in the other court. Notice of said forwarding and filing shall be given to plaintiff within 5 business days. 2

3. When a cause is filed in this Court which alleges that the plaintiff or plaintiffs therein have suffered injury or damages as a result of the exposure of the plaintiff or plaintiffs or any third party to a product which contains an amount of asbestos [an asbestos action], the plaintiff or plaintiffs and any third-party plaintiffs in such asbestos actions shall, in addition to complying with the other applicable civil rules of this Court, attach and file the Notice attached hereto as Exhibit C which shall be served with all copies of the complaint or third-party complaint.

4. Each asbestos action filed hereafter shall consist of one plaintiff or the personal representative and/or relatives claiming wrongful death of a deceased person and his or her spouse who has a claim for loss of consortium. No permissive intervention of additional plaintiffs will be permitted, except by a person who moves to intervene within 60 days after the filing of the original complaint asserting that an injury resulted from exposure to asbestos transmitted by the original plaintiff.

5. In addition to complying with other applicable civil rules of this Court, each asbestos action complaint shall contain the following: (a) (b) The full and precise name, date of birth, and Social Security number of the plaintiff alleging exposure to asbestos; A clear statement as to each and every exposure to asbestos alleged and, as to each such allegation; (1) (2) (3) (4) A statement as to the type of the exposure (e.g., occupational, bystander, household, environmental); A statement as to the time or time frame of the exposure (e.g., June 1964 to September 1969); A statement as to the where the exposure occurred (e.g., Acme Widget Company plant in Charlotte, North Carolina); A statement as to the nature of such exposure (e.g., while working on steam pipes employed by _____; standing near insulators doing laundry of _____ who was employed as a _____ for ______ at _____ ). An identification of the product(s) or of the type of product(s) to which the plaintiff claims exposure with as much specific and/or identifying information as to the product(s) or type of product(s) as is available.

(5)

(c)

To the extent that exposure to asbestos is alleged to have occurred in jurisdictions other than Delaware, a clear and concise statement designating the substantive law or laws which plaintiff believes is applicable to claims arising out of each such exposure and against each defendant against whom such claims are asserted.

6. Plaintiffs counsel shall take the initial steps required to effect service on all defendants immediately upon the filing of the complaint and shall do whatever is necessary to secure service of process upon all defendants within 60 days of the filing of the complaint. Motions seeking to extend time for service of process will be granted only when accompanied with a showing of good cause and diligent efforts to comply with this provision of this Order.

7. Immediately upon the filing of an asbestos action, plaintiff or plaintiffs counsel is to serve a paper or electronic copy of the complaint with the date of filing clearly noted on the first page thereof upon Defense Coordinating Counsel. Within 30 days after filing the complaint plaintiff shall file responses to the form interrogatories and requests for production approved and mandated by this Order (Exhibit A) and shall serve Defense Coordinating Counsel with electronic or paper copies thereof along with electronic or paper copies of all documents and materials produced therewith. Plaintiff shall file an electronic notice to all other parties indicating that such materials have been sent to Defense Coordinating Counsel. Until completion of trial, plaintiff shall supplement its responses as additional information or documents are received. Also within 30 days of the filing of an asbestos action, plaintiff shall serve upon the Defense Coordinating Counsel the following: (a) A properly executed and Health Insurance Portability and Accountability Act (HIPPA) medical authorization as attached as Exhibit D permitting Defense Coordinating Counsel to obtain any and all medical, pathological, and radiological records and materials; A properly executed authorization as attached as Exhibit E permitting Defense Coordinating Counsel to obtain any and all of plaintiffs employment records and materials; A properly executed authorization as attached as Exhibit F permitting Defense Coordinating Counsel to obtain any and all of military service records and materials; A properly executed authorization as attached as Exhibit G permitting Defense Coordinating Counsel to obtain copies of Social Security Administration earnings records concerning plaintiff; A properly executed authorization as attached as Exhibit H permitting Defense Coordinating Counsel to obtain copies of Social Security Administration claims and award records concerning plaintiff; 4

(b)

(c)

(d)

(e)

(f)

A properly executed authorization as attached as Exhibit I permitting Defense Coordinating Counsel to obtain copies of plaintiffs Federal income tax records; Copies of all medical records in the possession of plaintiffs counsel and copies of all reports of medical experts, if in existence, relied on by the plaintiff in the filing of the suit to establish the existence of any asbestosrelated disease or injury, which records and reports shall be supplemented as they are received up to the time of trial. If economic loss is claimed, a copy of the plaintiffs Federal income tax records for the five years prior to the year when the asbestos action was filed and a properly executed authorization for income tax records for the same period as attached hereto as Exhibit I. Copies of all other expert reports, if in existence, specific to the plaintiff including, but not limited to, economists reports with electronically filed notice to all other parties indicating that such materials have been sent to the Defense Coordinating Counsel. All x-rays, CT Scans, MRIs, or other radiographic or diagnostic films if in existence, which films shall be supplemented as they are received by delivery to Defense Coordinating Counsel up to the time of trial and in no event any later than the time periods specified in General Scheduling Order No. 1. All pathology slides, blocks, or other materials, if in existence, which materials shall be supplemented as they are received by delivery to Defense Coordinating Counsel up to the time of trial and in no event any later than the time periods specified in General Scheduling Order No. 1. Copies of all claim forms and related materials related to any claims made by plaintiff to any insurance carrier, employer, governmental agency, trust, entity or person related to or in any way involved with asbestos claims, or other agency, entity, or person wherein plaintiff directly or indirectly asserts, suggests, advocates, or requests investigation into potential entitlement to compensation or benefits of any type as a result of exposure to and/or injury related to asbestos. This shall include, but is not limited to, copies of all materials related to applications for Social Security benefits, workers compensation benefits, military service benefits, disability benefits, and claims made to trusts for bankrupt asbestos litigation defendants. Complete work histories for the Plaintiff.

(g)

(h)

(i)

(j)

(k)

(l)

(m)

Plaintiff shall supplement and update the production mandated above up to and including the time of trial. Any additional original authorizations reasonably requested by Defense Coordinating Counsel shall be supplied within 15 days of request. Defense Coordinating 5

Counsel shall, on behalf of all defendants, make all information and materials gathered through use of the authorizations provided pursuant to this paragraph of this Order available to plaintiff or plaintiffs counsel.

8. Upon effective service of process, a defendant in an asbestos action shall Answer or otherwise plead in conformance with the civil rules of this Court. Defendants answer shall include a clear and concise statement in response to the plaintiffs statement designating the substantive law or laws which plaintiff believes is applicable to claims asserted against the defendant. To the extent a motion is filed in lieu of an answer, such motion shall contain the same responsive statement as would have been contained in an answer. Defendants response to plaintiffs statement shall have no effect upon the motion filed in lieu of an answer or the grounds for such motion.

9. The Prothonotary shall maintain a master asbestos file which shall be designated as MASTER ASBESTOS FILE NO. 77C-ASB-2 and which shall contain and be used for litigation-wide filings. (a) All standardized pleadings and forms heretofore permissible pursuant to Standing Order No. 14 and filed to date shall remain in force and effect. However, the former practice of Long Form and Short Form complaints and answers is abolished. Complaints and Answers shall comport to the Superior Court Rules of Civil Procedure and, to the extent applicable, to the provisions of this Standing Order.

10. Within 30 days after the filing by any defendant of an Answer or other response to a complaint in an asbestos action, that defendant shall serve upon plaintiff or plaintiffs counsel that defendants responses to those discovery requests approved and mandated by this Order (Exhibit B); provided that in the event that said defendant has filed a motion pursuant to Superior Court Civil Rule 12(b)(2), said defendant shall only be required to answer standard interrogatories 1 through 19, 21, 22, 29, 30, 60, 67, 68 and 77. Upon denial of any Rule l2(b)(2) motion, defendant shall, within 20 days, shall file its Answer and its full responses to all its standard discovery approved and mandated by this Order. Except for good cause shown, there shall be no other discovery against any defendant until the expiration of the 30-day period specified in this paragraph.

11. Within 30 days of the date of this Order, each defendant shall prepare a set of its standard answers to the standard interrogatories (Exhibit B) and shall provide a verified copy thereof, along with copies of all documents and materials produced therewith, to Defense Coordinating Counsel who shall maintain and make same available to all parties. An electronic notice of such production shall be placed in the Master Asbestos File. Thereafter, defendants may refer plaintiffs to such standard answers and shall supplement such standard answers as may 6

be appropriate in any individual case up to and including the time of trial. Each defendant shall supplement its standard answers and production responses with any new information or materials as received. Supplemental answers and materials shall be deposited with Defense Coordinating Counsel with an electronic notice filed and served upon all other parties.

12. (a) Except upon Court permission for good cause shown, no defendant shall serve other discovery of any other type on a plaintiff until the expiration of 30 days after the filing of plaintiffs production and responses pursuant to paragraph 7 above. To the extent additional discovery is directed to plaintiff, such discovery shall comply with paragraph 22 of this Order. No defendant may serve any discovery directed to plaintiff until it has served the discovery mandated in paragraph 10 of this Order. Nothing contained herein shall preclude any party from applying to the Court for a protective order or motion to compel in reference to any discovery. (b) Except upon Court permission for good cause shown, no plaintiff shall serve other discovery of any other type on a defendant until the expiration of 30 days after the filing of such defendants responses to those discovery requests approved and mandated by this Order (Exhibit B). To the extent additional discovery is directed to a defendant, such discovery shall comply with paragraph 22 of this Order. Nothing contained herein shall preclude any party from applying to the Court for a protective order or motion to compel in reference to any discovery. (c) Information obtained through authorizations provided under paragraph 7 shall not be disclosed to anyone other than attorneys and their employees, the parties, their litigation coordinators and the parties expert witnesses and the parties insurance carriers in asbestos cases filed in this Court or in the United States District Court for the District of Delaware.

13. By 5:00 pm on the first business day of each month, plaintiffs counsel shall submit to Defense Coordinating Counsel a listing of all asbestos actions filed in the preceding calendar month, such listing to be presented on the form attached hereto as Exhibit J and to include, as to each action filed: (a) (b) (c) (d) The name of the plaintiff alleging injury or damages as a result of the asbestos exposure alleged; The date the complaint was filed; The injury/disease process at issue (e.g., asbestosis, lung cancer, mesothelioma) The type of exposure generally alleged (e.g., occupational, bystander, household, environmental) and, in the event more than one type of exposure is alleged, a statement as to which type is prevailing;

(e)

A statement as to the nature of such exposure (e.g., while working on steam pipes employed by _____; standing near insulators doing laundry of _____ who was employed as a _____ for ______ at _____ ) and, in the event more than one type of exposure is alleged, a statement as to which type is prevailing; An identification of the product(s) or of the type of product(s) to which the plaintiff claims exposure with as much specific and/or identifying information as to the product(s) or type of product(s) as is available. To the extent that exposure to asbestos is alleged to have occurred in jurisdictions other than Delaware, a statement designating the substantive law which plaintiff believes is applicable to claims arising out of such exposure and, in the event more than one jurisdictions substantive law may apply, a statement as to the prevailing jurisdiction. A statement as to whether the action should be processed as a general asbestos action or whether expedited processing is requested. If expedited processing is requested, plaintiffs counsel shall include a brief statement as to the reasons supporting such request. A request for placement within any trial setting and a statement as to why such requested placement is reasonable and appropriate.

(f)

(g)

(h)

(i)

14. Within three business days of receipt of the listings by plaintiffs counsel as required pursuant to paragraph 13 above, Defense Coordinating Counsel shall prepare and file an overall listing of all asbestos actions filed in the preceding month. Defense Coordinating Counsels submission shall include a response to any of plaintiffs requests for expedited processing and, to the extent defendants disagree with or oppose plaintiffs suggestion for trial docketing, the reasons for such opposition shall be noted and an alternative suggestion for trial docketing shall be made.

15. The Commissioner shall set matters for trial on a periodic basis when deemed necessary, appropriate, and desirable by the Court. In addition to any other matters the Court may deem appropriate for consideration at the time, the Commissioner may review the monthly submissions made pursuant to paragraphs 13 and 14 above and if deemed necessary or desirable, may schedule conferences with counsel to discuss trial docketing. The setting of cases for trial is within the sole and exclusive province of the Court. Once matters are set for trial, any party wishing to modify such settings shall proceed pursuant to the provisions of Paragraph 3 of the Master Trial Scheduling Order.

16. There shall be a Master Trial Scheduling Order developed, maintained, and published by the Court. The Master Trial Scheduling Order shall list trial dates when at least one Judge of this Court shall be available to conduct trials in one or more of the asbestos actions docketed for that trial date. The pretrial activities of each case set for trial on a trial date within the Master Trial Scheduling Order shall be controlled by the Trial Schedule Abstract issued pursuant to General Scheduling Order No. 1 as issued contemporaneously with the issuance of this Order. The Master Trial Scheduling Order issued and maintained by the Court shall include a Table of Trial Schedule Abstracts.

17. To the extent not already completed, within 60 days of the date of this Amended Order counsel for plaintiffs shall prepare the standard witness and exhibit lists used in these matters and shall provide copies thereof, along with copies of all documents and materials produced therewith, to Defense Coordinating Counsel who shall maintain and make same available to all parties. An electronic notice of such production shall be filed in the Master Asbestos File. Thereafter, plaintiffs may refer defendants to such standard witness and exhibit lists and shall supplement such standard witness and exhibit lists as may be appropriate in any individual case up to and including the time of trial. Each plaintiff shall supplement standard witness and exhibit lists with any new witnesses, information or materials as received. Supplemental lists and materials shall be deposited with Defense Coordinating Counsel with an electronic notice filed and served upon all other parties.

18. To the extent not already completed, within 60 days of the date of this Amended Order, each defendant shall prepare its standard witness and exhibit lists and shall provide a copy thereof, along with copies of all documents and materials produced therewith, to Defense Coordinating Counsel who shall maintain and make same available to all parties. An electronic notice of such production shall be filed in the Master Asbestos File. Thereafter, defendants may refer plaintiffs to such standard witness and exhibit lists and shall supplement such standard witness and exhibit lists as may be appropriate in any individual case up to and including the time of trial. Each defendant shall supplement its standard witness and exhibit lists with any new witnesses, information or materials as received. Supplemental lists and materials shall be deposited with Defense Coordinating Counsel with an electronic notice filed and served upon all other parties.

19. There shall be a coordination of defense efforts and all defendants shall cooperate with and participate in the coordinated defense which shall be managed by a Defense Coordinating Counsel. Loreto P. Rufo, Esq. is hereby appointed Defense Coordinating Counsel. All parties to this litigation will participate and cooperate with the efforts of Defense Coordinating Counsel. (a) To the extent not already completed, within twenty (20) days of the entry of this Amended Standing Order, each defendant in this litigation shall send to Defense

Coordinating Counsel a list of all cases in which that defendant is involved. The list shall be presented in alphabetical order based on the last name of the plaintiff alleging exposure. Plaintiffs first names and Civil Action Numbers shall be included. Thereafter, on a monthly basis and so that it is received by the Defense Coordinating Counsel on or before the last day of each month, each defendant shall submit changes to the Master List initially submitted. Changes shall include cases added and cases closed that month. (1) Defense Coordinating Counsel fees, costs, and expenses shall be billed to individual defendants based upon their involvement in individual cases as determined by the lists provided to Defense Coordinating Counsel and updated monthly. Any defendant who chooses not to participate in the coordinated defense herein set forth shall, within twenty (20) days of the entry of this revised Standing Order, submit a letter to the Defense Coordinating Counsel indicating that such defendant is not involved in any cases for coordination purposes. Updates are required to be submitted only when a defendant who initially indicated involvement in no cases for coordination purposes chooses to become involved for certain or all of the cases wherein that defendant is involved. i. Any defendant choosing not to participate in the coordination efforts in any particular case shall not be entitled to any of the benefits of such efforts and shall not be heard to complain of any effects such efforts have or may have on such defendants case or litigation management, preparation, or the like. With the exception of defendant-specific issues wherein plaintiffs counsel shall communicate directly and work with each individual defense counsel, plaintiffs counsel shall cooperate and work with and through Defense Coordinating Counsel and are not obliged to duplicate efforts nor are they under any duty to work with any defendant choosing to opt out of defense coordination. ii. Any defendant opting out of defense coordination as set forth herein and who later advises the Defense Coordinating Counsel of a desire to participate in the coordination efforts in any particular case may do so as a matter of right and upon proper notice to Defense Coordinating Counsel in any case where the trial date is more than nine months away. 1. In any case with a trial date less than nine months away, a defendant wishing to opt in to the defense coordination effort may do so only upon payment of a fee equal to $1,000 or 50% of the total costs, fees, and expenses incurred by other Defendants participating in the coordination efforts for that particular matter, whichever is greater. (b) Defense Coordinating Counsel shall:

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(1)

Collect all materials provided by plaintiff pursuant to the terms of this Standing Order and make such materials available to all defendants upon request and for the cost of photocopying and postage/delivery. The costs and expenses associated with gathering, maintaining, and disbursing records shall be billed to all defendants pursuant to Defense Coordinating Counsel Fees, Costs and Expenses Distribution Plan as outlined below. Upon the setting of a matter for trial, gather all plaintiffs medical treatment records (as identified through plaintiffs interrogatory answers and as determined through review of records received). The costs and expenses associated with gathering records shall be billed to all defendants pursuant to Defense Coordinating Counsel Fees, Costs and Expenses Distribution Plan as outlined below. Copies of the records shall be made available to all Defendants upon request and upon payment of the costs of photocopying or scanning and postage/delivery. Upon the setting of a matter for trial, compile, distribute, and maintain a Case Information Sheet setting forth the following information on each case subject to a Trial Schedule Abstract: Case Caption Plaintiffs Counsel Plaintiffs Name, Date of Birth, Social Security No. Defendants Trial Grouping Trial Date Injuries/Damages Alleged Type of Exposure Alleged (Occupational, Household, etc.) Exposure Dates Exposure Places Identity of Plaintiffs Expert(s) and summary of expert medical report(s)

(2)

(3)

(4)

Conduct periodic meetings with defense counsel to discuss individual cases, assign Lead Defense Counsel (see below), and coordinate defense efforts including medical defense development. Defendants will be notified of the scheduling of such meetings and will be provided with an agenda of what will be discussed and accomplished at each such meeting. At these meetings, and whenever necessary, the following things may occur: (a) With regard to cases set for trial where Trial Schedule Abstract deadlines have not yet begun to run: Case Information Sheets will be distributed;

11

Lead Counsel for each case will be assigned, and; A determination of the degree and extent of the medical defense to be prepared will be made. (b) With regard to cases where Trial Schedule Abstract deadlines have begun to run: The Defense Medical Coordinator and Lead Defense Counsel will report on status, and; Issues to be dealt with by Lead Defense Counsel or Defense Coordinating Counsel such as any of the following matters will be identified and discussed: o The need for scheduling any coworker depositions; o The need for scheduling any expert or physician depositions; o Intended actions by individual defendants that may affect Trial Scheduling Abstract deadlines; o Plaintiff deficiencies; o Any other issues or information that should be shared. (5) Work with Lead Defense Counsel towards maintaining open lines of communication and information sharing amongst defendants and insuring a coordinated effort among defendants. Arrange for payment of Court Reporter fees for recording of plaintiff depositions Report to Court at Status and Discovery Conferences. Divide fees, costs, and expenses to all defendants pursuant to Defense Coordinating Counsel Fees, Costs and Expenses Distribution Plan as outlined below. Within ten business days of establishment, advise plaintiffs counsel of the identity of those defendants participating in the coordinated defense efforts in that case and provide monthly updates regarding any changes thereon to plaintiffs counsel. Maintain a library and central depository for litigation transcripts and other materials being the property of the defense bar and previously maintained by what defense counsel referred to as the Steering Committee.

(6)

(7) (8)

(9)

(10)

(c)

Lead Defense Counsel function.

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(1)

There shall be a Lead Defense Counsel assigned to every case and the Defense Coordinating Counsel will advise the Court and plaintiffs of such assignments pursuant to the Trial Schedule Abstract and as soon as practicable upon the making of such assignments. The assignment of Lead Defense Counsel in any particular case shall be based on the following considerations: (a) In any case where two or more members of the Defense Medical Group (DelMed) remain involved, Lead Defense Counsel shall be the DelMed Coordinator or a DelMed member. In all other cases, Lead Defense Counsel shall be any attorney representing an entity remaining in the case who is deemed qualified by other counsel with defendants in the case to serve as Lead Defense Counsel.

(b)

(2)

The Defense Coordinating Counsel will be deemed Successor Lead Defense Counsel in every case so that, in the event Lead Defense Counsel should be unable or unwilling to fulfill the duties of that role, Defense Coordinating Counsel will arrange for a successor. Lead Defense Counsel shall be responsible for conducting the deposition of the plaintiff on a date and at a time and location mutually agreed to by Defense Coordinating Counsel, Lead Defense Counsel, and plaintiffs counsel. Defense Coordinating Counsel shall electronically file and serve on all parties a Notice of such deposition pursuant to current rules and practices and shall retain the services of a Court Reporting agency to transcribe the deposition. (a) Each defendant remaining in the case as of the date of the deposition shall pay a per-capita share of the invoice for transcription of the deposition pursuant to the Defense Coordinating Counsel Fees, Costs and Expenses Distribution Plan outlined below. All original transcripts shall be sent to and maintained by Defense Coordinating Counsel and copies shall be made available (upon request and for the cost of photocopying, scanning and/or postage/delivery) to any Defense counsel.

(3)

(b)

(4)

In cases where the DelMed Coordinator serves as Lead Defense Counsel for purposes of recording the plaintiffs deposition, the DelMed Coordinators fees, costs, and expenses for preparing for and recording the plaintiffs deposition shall be billed and satisfied pursuant to the DelMed Fees, Costs and Expenses distribution fee established below. In cases where the Defense Coordinating Counsel serves as Lead Defense Counsel

13

for purposes of recording the plaintiffs deposition, Defense Coordinating Counsels fees, costs, and expenses for preparing for and recording the plaintiffs deposition shall be billed and satisfied pursuant to the Defense Coordinating Counsel Fees, Costs and Expenses distribution fee established below. In all other cases, Lead Defense Counsels fees, costs, and expenses for preparing for and recording the plaintiffs deposition shall be billed to Lead Defense Counsels individual client and no other defendant shall be responsible for payment of any portion of such fees. (d) Medical Defense (1) It shall be assumed that all defendants will participate in a joint medical defense as part of the Defense Medical Group (DelMed). To the extent that any defendant wishes to establish its own medical defense, independent or in addition to that established by DelMed, the efforts of the Defense Medical Group shall take priority and precedence with regard to plaintiffs production of records and materials and/or with regard to plaintiffs being seen by independent evaluating physicians. No plaintiff shall be obliged to submit to more than one physical examination by any physician retained by any defendant without Court Order directing plaintiff to do so. The DelMed Coordinator is solely vested with the authority to request, subpoena, take possession of, and store all radiographic and pathological evidence regarding these cases. Any defendant wishing to request or subpoena such material must do so through the offices of the DelMed Coordinator and/or with prior notice to and consent of the DelMed Coordinator. The DelMed Coordinator will keep a log of all transfers of such materials. Any defendant intending to pursue an independent and/or additional medical defense in any particular matter shall advise the DelMed Coordinator of such intention. To the extent that such defendant is participating in the Defense Medical Group joint efforts in that case, the DelMed Coordinator shall make any and all medical records, diagnostic materials, expert reports, and the like available to such defendant as promptly as possible upon conclusion of the Groups efforts. In the event a defendant intending to pursue an independent medical defense in any particular matter is not participating in the Defense Medical Group joint efforts in that case, the DelMed Coordinator shall make any and all medical records, diagnostic materials, plaintiffs expert reports, and the like available to such defendant as promptly as possible upon conclusion of the Groups efforts and upon payment by that defendant of the costs, fees, and expenses incurred by the Defense Medical Group in securing those materials. Under no circumstance will any Defendant not participating in the Defense Medical Group joint effort in any particular case be entitled to copies or use of any DelMed experts or expert reports.

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(2)

The Defense Coordinating Counsel shall also serve as the DelMed Coordinator. At the periodic meetings conducted by Defense Coordinating Counsel, a summary of each case shall be presented which will provide all of the information then available on plaintiffs alleged injuries and past and current medical condition and history. All defendants shall be given an opportunity to Opt Out of DelMed on a case-by-case basis A Medical Defense Option Form shall be developed and used for such purposes. A vote amongst those not opting out of DelMed in any particular case shall be taken to determine the extent of the medical defense to be established (i.e., gather medical records only, schedule a medical record review, schedule a full defense medical evaluation, etc.). The DelMed Coordinator shall perform those tasks required to accomplish the goals of the defendants participating in DelMed in each particular case and to develop the medical defense chosen to include: (a) Retaining appropriate examining and/or reviewing physicians and other expert witnesses; Securing expert reports, distributing such reports to participating defendants, and producing such reports to Plaintiffs counsel; Filing Medical Witness & Exhibit Lists on behalf of all participating defendants; Reporting to the Court as necessary and as required with regard to medical defense issues; Filing appropriate motions with the Court on medical defense issues.

(3)

(4)

(5)

(b)

(c)

(d)

(e)

(6)

The DelMed Coordinator shall advise plaintiffs Counsel of the identity of those defendants participating in the coordinated defense efforts in that case within ten business days of establishment of such list and provide monthly updates regarding changes thereto. Having not opted out of DelMed in any particular case, that defendant agrees to pay its per capita share of DelMed fees, costs, and expenses pursuant to the DelMed Fees, Costs and Expenses distribution fee established below. Any defendant opting out of DelMed (taking no action shall be considered opting in) shall not be entitled to in any way, directly or indirectly, see,

(7)

(8)

15

copy, use, refer to, rely upon, or support its position in litigation with medical records, experts, and/or expert reports gathered, secured, and contracted for by DelMed. All DelMed members will cooperate with the enforcement of this provision. Any DelMed member who aids and/or abets a non-participating defendant with seeing, obtaining, using, referring to, or relying upon any medical records, experts, and/or expert reports gathered, secured, and contracted for by DelMed shall be ejected from DelMed and not permitted to participate in DelMed in the future without an Order by the Court. (9) Any defendant who originally opted out of DelMed in a particular case but later wishes to opt back in may do so only upon payment of a fee equal to $1,000 or 50% of the total DelMed costs, fees, and expenses incurred by other defendants participating in DelMed for that particular matter, whichever is greater. The DelMed Coordinator may, however, refuse to allow a defendant to opt back in to DelMed if any of the following apply: (a) There are no DelMed participating defendants remaining in the matter as of the date of the opt in request, or; The request to opt in is received less than 45 days before trial, or; The opt-in would be disruptive, cumbersome, create undue expense or delay.

(b) (c)

In the event the DelMed Coordinator refuses to allow a defendant to opt back in to DelMed upon request, such defendant may seek a Court Order directing the DelMed Coordinator to do so. The DelMed Coordinator shall not, however, be subject to any application for fees for the filing of and pursuit of such Motion. (e) Defense Coordinating Counsel Fees, Costs & Expenses Distribution Plan (1) Costs and expenses incurred as well as work done by Defense Coordinating Counsel in any individual case shall be billed to that case and every defendant in that case shall pay their per-capita share thereof. General and administrative fees, costs, and expenses (including fees, costs, and expenses attributable to accounting functions) shall be posted to a general account. All defendants remain responsible for paying a per capita share of fees, costs, and expenses in any individual case incurred while they remain a viable defendant in such case until the expiration of a ten day period following Defense Coordinating Counsels receipt of a written notice that they have been dismissed from the case. All defendants are responsible for paying their per-capita share of the General Account postings. Any Defendant who becomes ninety days past due on payment of bills shall be responsible for interest at the rate of 12% per annum on unpaid balances.

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Any defendant who becomes more that one-hundred twenty days past due on payment of bills shall, in addition to interest at the rate of 12% per annum, be subject to a Motion filed with the Court by Defense Coordinating Counsel seeking an Order that: (1) such Defendant is not entitled to use of or reliance upon any Defense Coordinating Counsel work product; (2) such defendant is excluded from all defense coordination activities; (3) such defendant pay monies required to bring its account current within ten days, and; (4) such defendant pay Defense Coordinating Counsels fees, costs, and expenses associated with the filing of such Motion. No such action or inaction by any defendant or by Defense Coordinating Counsel shall result in any obligation of increased work by plaintiffs counsel or as the basis for any motion affecting trial dates and Defense Coordinating Counsel shall be sensitive to pending trial dates with regard to the filing of any such motion. Defense Coordinating Counsel fees shall be set at $250 per hour for attorney time and $125 per hour for paralegal time. Photocopying by Defense Coordinating Counsel shall be billed at the rate of $0.15 per page. Postage and delivery charges incurred by Defense Coordinating Counsel shall be billed at the figures actually incurred. (f) DelMed Coordinating Counsel Fees, Costs & Expenses Distribution Plan (1) Costs and expenses incurred as well as work done by DelMed Coordinating Counsel on any particular case shall be billed to that case and every defendant participating in DelMed in that case shall pay their per-capita share thereof. General and administrative fees, costs, and expenses (including fees, costs, and expenses attributable to accounting functions) shall be posted to a general account and billed per capita to all defendants participating in any DelMed cases active at the time the general and administrative fees, costs, and expenses are incurred. Defendants remain responsible for paying a per capita share of fees, costs, and expenses in any individual case incurred while they remain a viable defendant in such case until the expiration of a ten day period following the DelMed Coordinators receipt of a written notice that they have been dismissed from the case. All defendants are responsible for paying their per-capita share of the General Account postings. Any defendant who becomes ninety days past due on payment of bills shall be responsible for interest at the rate of 12% per annum on unpaid balances. Any defendant who becomes more that onehundred twenty days past due on payment of bills shall, in addition to interest at the rate of 12% per annum, be subject to a Motion filed with the Court by DelMed Coordinating Counsel seeking an Order that: (1) such defendant is not entitled to use of or reliance upon any DelMed work product; (2) such defendant is excluded from all DelMed activities; (3) such defendant pay monies required to bring its account current within ten days, and; (4) such defendant pay DelMed Coordinating Counsels fees, costs, and expenses associated with the filing of such Motion. No such action or inaction by any defendant or by DelMed Coordinating Counsel shall result

17

in any obligation of increased work by plaintiffs counsel or as the basis for any motion affecting trial dates and DelMed Coordinating Counsel shall be sensitive to pending trial dates with regard to the filing of any such motion. DelMed Coordinating Counsel fees shall be set at $250 per hour for attorney time and $125 per hour for paralegal time. Photocopying by DelMed Coordinating Counsel shall be billed at the rate of $0.15 per page. Postage and delivery charges incurred by Defense Coordinating Counsel shall be billed at the figures actually incurred.

20. The Court expects that, through Defense Coordinating Counsel, there will be coordinated efforts by and between defendants and their counsel as to any issues arising throughout the course of this litigation as well as with regard to specific cases. In addition to those general duties and responsibilities described above, Defense Coordinating Counsel shall be responsible for creating, maintaining, and ensuring open and meaningful lines of communication by and between defendants and defense counsel. These duties and responsibilities may be supplemented at the direction of the Court where appropriate. Defense Coordinating Counsel shall also serve as the conduit for communications between the Court and defense counsel as well as between defense counsel and counsel for plaintiffs. Unless expressly noted to the contrary, filings, correspondence, reports, and other communication by and through Defense Coordinating Counsel shall be deemed made on behalf of defendants as a group and it shall not be necessary for any individual defendant to join in or adopt any communications by Defense Coordinating Counsel. Individual defendants maintain the right to supplement any communication by Defense Coordinating Counsel and/or to disagree or affirmatively opt out of any such communications. Coordinated actions of the defendants, their counsel, or their agents or designees authorized by this Order or otherwise authorized by the Court shall not be a basis for or be evidence to support a claim in any action in this Court or any other court asserting conspiracy or other unlawful concerted activity on the part of any defendant or any group of defendants.

21. There shall be a coordination of Plaintiffs efforts and all Plaintiffs counsel shall cooperate with and participate in the coordination, which shall be managed by a Plaintiffs Coordinating Counsel. David W. deBruin, Esq. is hereby appointed Plaintiffs Coordinating Counsel. All parties to this litigation will participate and cooperate with the efforts of Plaintiffs Coordinating Counsel.

22. The Court expects that, through Plaintiffs Coordinating Counsel, there will be coordinated efforts by and between Plaintiffs counsel as to any non-case-specific issues arising throughout the course of this litigation. Plaintiffs Coordinating Counsel shall be responsible for creating, maintaining, and ensuring open and meaningful lines of communication among Plaintiffs counsel. Plaintiffs Coordinating Counsel shall also serve as the conduit for

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communications between the Court and Plaintiffs counsel, as well as between Plaintiffs counsel and Defense Coordinating Counsel. Filings, correspondence, and other communication by and through Plaintiffs Coordinating Counsel shall be clearly designated as such and shall be deemed made on behalf of Plaintiffs as a group, and it shall not be necessary for any individual plaintiff to join in or adopt any filings or communications by Plaintiffs Coordinating Counsel. Individual plaintiffs maintain the right to supplement any communication by Plaintiffs Coordinating Counsel and/or to disagree or affirmatively opt out of any such communications. Plaintiffs Coordinating Counsel does not represent any individual plaintiffs not directly represented by Plaintiffs Coordinating Counsel's law firm. Coordinated actions of the plaintiffs, their counsel, or their agents or designees authorized by this Order or otherwise authorized by the Court shall not be a basis for or be evidence to support a claim in any action in this Court or any other court asserting conspiracy or other unlawful concerted activity on the part of any plaintiff or any group of plaintiffs.

23. This Order will not affect in any way any claim, discovery position or affirmative defense heretofore asserted by any party in any asbestos action, including, but not limited to, jurisdictional defenses.

24. Subject to other provisions of this Order and applicable Rules of Civil Procedure and Rules of Evidence, the parties shall be permitted to utilize any discovery in any asbestos action. However, all parties shall be required to review all previously issued discovery and responses and deposition transcripts and avoid duplication. (a) (b) (c) All responses and objections to discovery requests shall be made within thirty (30) days. Objections not made within 30 days may be deemed waived. Any disputes resulting from responses or objections to discovery must be resolved within 30 days of service of the responses or objections or the date when responses or objections were due. Any motions to compel discovery shall be filed within five (5) days of the date by which any discovery-related disputes are to be resolved or shall be deemed waived and no further motion to compel shall be filed or considered by the Court.

(d)

25. For purposes of responses by any party to written discovery in any asbestos action, Superior Court Civil Rules 5(a) and 5(b) are hereby waived and any party submitting

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such responses shall be permitted to serve other counsel in such action with a document which incorporates by reference duplicative responses of said responding party in any other asbestos action, provided that if the receiving counsel has not been served a copy of the document containing the original responses, the responding party shall serve a copy of the original response upon written request.

26. All defendants or third-party defendants shall be deemed to have asserted crossclaims for contribution and/or indemnification against all defendants and third-party defendants. No answer to any cross-claim for contribution and/or indemnification need be filed by any defendant or third-party defendant in any asbestos action and all such cross-claims shall be deemed denied.

27. The parties to any asbestos action shall not be required to file transcripts of any deposition in any asbestos action with the Prothonotary. Transcripts shall be made available by the party retaining the original for copying and reviewing in that partys office at a mutually agreeable time and may obtain a copy thereof at a cost of copying no greater than that charged by the Prothonotary. No party shall notice any deposition without first confirming general date and time availability through the office of the Defense Coordinating Counsel.

28. The parties to any asbestos action shall not be required to comply with Superior Court Civil Rules 3(a)(1), 3(a)(2), 5(b)(1) and 5(b)(2) .

29. Summary Judgment Motions. Any party wishing to pursue a Motion for Summary Judgment at the close of non-medical discovery shall comply with deadlines for such Motions established by the controlling Trial Schedule Abstract, with Superior Court Rule 107 with regard to font, paper, and margin sizes, and with rules of procedure and practice established in asbestos litigation actions, including: (a) Summary judgment applications shall be captioned as [Moving Partys] Motion for Summary Judgment and Memorandum of Support Thereof and shall be limited to 10 pages in length. Such applications shall be initially noticed to be heard at the convenience of the Court and will be docketed for hearing pursuant to applicable Master Trial Scheduling Order deadlines. A party moving for summary judgment shall include a certification that opposing counsel was contacted prior to the filing of the motion in an effort to resolve the issues presented. The certification shall identify the individuals involved in discussions to avoid the filing of the motion by name and firm affiliation and shall set forth the date of communications.

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(b)

Oppositions shall be captioned as [Responding Partys] Memorandum in Opposition to [Moving Partys] Motion for Summary Judgment and shall be limited to 10 pages in length. A party opposing summary judgment shall include a certification that opposing counsel was contacted prior to the filing of the opposition in an effort to resolve the issues presented. The certification shall identify the individuals involved in discussions to avoid the filing of the opposition by name and firm affiliation and shall set forth the date of communications. Any Replies shall be limited to 5 pages in length and shall be entitled [Moving Partys] Reply in Support of Motion for Summary Judgment Appendices to summary judgment motions should be kept to reasonable lengths/sizes. (1) References to transcript testimony shall be clear, concise, and shall include the name of deponent, the date of the deposition, and the pages and lines referred to/relied upon. The cover page to the deposition and the relevant pages cited shall be included in the Appendix. Entire transcripts shall not be appended or submitted unless specifically requested by the Court. Any unreported decision, any statute from any foreign jurisdiction, and transcripts of any oral rulings from this or any foreign jurisdiction relied upon in the submissions shall also be included in the Appendix. Reported decisions need not be included. Westlaw citations are preferred. The Courts rules on fonts, margins, line spacing etc. will be enforced.

(c) (d)

(2)

(3)

30. Motions challenging service of process or personal jurisdiction and motions seeking to dismiss or delay the case based on forum non conveniens or other similar grounds must be filed within 20 days after purported service upon the defendant.

31. Motions raising any matter mentioned in Civil Rule 12 must be filed within 20 days after purported service upon defendant.

32. Unless expressly modified herein, by another Order of this Court, or by express leave of Court upon specific request, motion practice in asbestos actions shall proceed pursuant to this Courts Rules of Civil Procedure and Civil Case Management Plan, including 4 page limits upon motions and responses and compliance with Superior Court Rule 107 with regard to font, paper, and margin sizes. 21

(a)

All unopposed motions, and preliminary case dispositive motions such as motions brought under Rule 12 and Motions for judgment on the pleadings, shall be noticed for the monthly Omnibus Motion Docket established and maintained by the Court. The Omnibus Motion Docket shall be considered on the last Thursday of each month with the exception of the months of November and December wherein it will be considered on the third Thursday of the month. Any party wishing to place an unopposed motion on the Omnibus Motion Docket may do so by filing and so noticing the motion no later than the close of business on the last Tuesday of each Month preceding the Omnibus Motion Docket consideration date. During the months of November and December, motions to be considered as part of the Omnibus Motion Docket shall be filed on or before the second Tuesday of the month. The Court will enter proposed orders submitted with unopposed omnibus motions in due course after the Omnibus Motion Docket consideration date. In the event that any party files an opposition to any motion noticed for the Omnibus Motion Docket, such motion shall be removed from the Docket and the moving party shall renotice the motion for a date and time set aside by the Court and known as a Toxic Tort Motions Date. A regular non-case dispositive motion calendar shall be established and maintained by the Commissioner. No motion that should be noticed for the Omnibus Motion Docket shall be noticed for the Commissioners regular motion docket. (1) The office of Defense Coordinating Counsel shall be responsible for developing, maintaining, and publishing an agenda for each session of the Commissioners regular non-case dispositive motion calendar. The Agenda shall be forwarded to Plaintiffs Coordinating Counsel for review and approval prior to being provided to the Commissioner. All parties will cooperate with the efforts of Defense Coordinating Counsel in this regard.

(b)

(c)

The noticing of a motion to be heard at the Courts earliest convenience or at a time convenient to the Court or other similar non-date-specific terms is prohibited as to dispositive motions (other than Rule 56 summary judgment applications), which should be initially noticed as Omnibus matters, and for non-dispositive motions routine matters, which should be noticed for the Commissioner or Special Master. With regard to other matters, including post-trial motions, the parties shall notice matters to be heard at the Courts earliest convenience or at a time convenient to the Court or other similar non-date-specific term provided, however, that within five days of the filing of the response to any such motion, the parties contact Defense Coordinating Counsel and Plaintiffs Coordinating Counsel to discuss the appropriateness of including the matter on an

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established motions hearing date. If it is determined that the matter can not or should not be included on an established motion docket, the Defense Coordinating Counsel and Plaintiffs Coordinating Counsel shall promptly notify the Court of the matter of the matter and provide copies of the papers. (d) Superior Court Rule 37(e)(2) requiring the moving party to provide at least ten (10) days notice before a hearing on any motion is waived. However, without express leave of Court and with the exception of omnibus motions as indicated above, no motion shall be noticed for hearing with less than five (5) working days between the filing of the motion and the hearing. Superior Court Rule 37(e)(3) requiring that oppositions to motions be filed at least three (3) days prior to hearing is waived. The party opposing a routine, non case-dispositive motion may file opposition papers up to 5:00 p.m. at least two days before the hearing. Failure to file a written opposition does not waive a partys right to appear and oppose a motion. All motions must clearly designate the moving party or parties. Motions filed by the Defense Coordinating Counsel and/or the Defense Medical Coordinator and Motions clearly designated as filed by Plaintiffs Coordinating Counsel shall, unless otherwise expressly and specifically noted, be deemed filed on behalf of all defendants and all plaintiffs, respectively. It is not necessary for any defendant or plaintiff to file a Notice of Adoption or similar filing as a joinder to any motion filed by Defense Coordinating Counsel and/or the Defense Medical Coordinator or Plaintiffs Coordinating Counsel. However, any party wishing to join in a motion filed by any other party must affirmatively do so by filing a Notice of Adoption or similar pleading.

(e)

(f)

33. Caption for cases not assigned to Trial Groups - The caption on the top page of any motion or other submission shall on the left portion of the caption state on the first line In Re: Asbestos Litigation and below that wording shall state the name of the plaintiff in each case. On the right portion opposite each plaintiffs name shall be set forth the Civil Action Number for that case.

34. Caption for cases which have been assigned to a trial group - The caption on the top page of any motion or other submission shall on the left portion of the caption state on the first line In Re: Asbestos Litigation and on the second line state the name of trial group to which that case has been assigned. If the submission affects all cases in the trial group, on the right portion opposite the name of the trial group shall be placed the Prothonotarys lead case number for the trial group. If the submission affects only part of the plaintiffs assigned to that trial group, the words Limited to should appear with the trial group name and below that

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should be listed the names of the plaintiffs to which the submission applies. On the right portion opposite each plaintiffs name shall be set forth the Prothonotarys case number for that plaintiff.

35. The times set forth herein shall not be extended by agreement of the parties, but may be extended only upon the written Order of the Commissioner or Judge.

36. Provisions in any specific scheduling order shall control over any inconsistent provisions in this Order. However, all case management orders are to be read, whenever possible, in harmony so as to achieve the overriding goal of expediting proceedings in all asbestos actions.

37. Provisions herein which modify the previous Amended Standing Order No.1 shall be effective on the date on which this Order is entered and shall apply to all actions taken and papers filed after the effective date in all pending and future cases. In those instances where the deadline for taking action under these amendments has passed prior to the effective date of these amendments, or will pass within 30 days after the effective date, such action shall be taken within either 30 days of the effective date of these amendments or within the deadline provided under any other Standing Order prior to these amendments or by Trial Schedule, whichever is earlier.

38. Nothing herein shall extend any deadline provided in any existing specific scheduling order.

39. The term Commissioner as used throughout this Order and/or as used in any other asbestos litigation management Order issued or to be issued by the Court shall be considered synonymous with the term Special Master and all the duties, powers, and authorities vested in the Commissioner shall be equally vested in any Special Master to which the Court may refer any aspect of this litigation from time to time.

40. Asbestos actions are not exempt from the compulsory alternative dispute resolution (ADR) provisions of Superior Court Civil Rule 16. For purposes of the application and administration of Rule 16 and an ADR system in asbestos cases, David A. White, Esq. is appointed as Court-Appointed Alternative Dispute Resolution (ADR) Manager in all asbestos actions. The Special Master shall serve as secondary Court Appointed ADR Manager in the event a conflict in any given action precludes David A. White, Esq. from so serving.

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(a) (b)

The definitions set forth in Rule 16 shall apply in asbestos actions. All parties in all asbestos actions shall engage in ADR, the format of which is to be agreed upon by the parties and may include, but shall not be limited to, binding or non-binding arbitration, neutral case assessment, or mediation. If the parties can not agree on the format of ADR, the default format shall be mediation unless otherwise ordered by the Court Appointed ADR Manager. Within the guidelines set forth in General Scheduling Order No. 1, the parties are free to agree on an ADR Practitioner of their choice. In the event the parties fail to reach an agreement on an ADR Practitioner in any given action by the deadline established to do so, then the Court Appointed ADR Manager shall also serve as the ADR Practitioner in that action. Neither the Court Appointed ADR Manager nor any individual ADR Practitioner may be called as a witness in any aspect of the litigation or in any proceeding related to the litigation unless ordered to do so by the Court or unless required by the terms of this Order. The Court Appointed ADR Manager and any individual ADR Practitioner shall be immune from any civil liability for, or resulting from, any act or omission done or made while engaged in ADR or in services pursuant to this Order unless made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety, or property of another. Each ADR Practitioner shall remain bound by any confidentiality Each ADR Practitioner shall, within five (5) days of the ADR date, submit a written report to the Court Appointed ADR Manager, with copies to counsel for the parties, setting forth the date of the ADR, the format of ADR utilized, the parties who participated and their counsel, and the results reached along with any suggestions or recommendations the ADR Practitioner believes may be helpful to the Court and the Court Appointed ADR Manager. The parties shall pay the ADR Practitioner directly and in accordance with the allocation and amount of fees established by the ADR Practitioner and agreed to by the parties or ordered by the Court. The ADR Practitioner may apply to the Court for sanctions against any party who fails to comply with the terms of engagement established by the ADR Practitioner and agreed to by the parties including, but not limited to, dismissal of the action or default judgment. Any such application shall be made in the first instance to the Court Appointed ADR Manager who, after independent investigation, shall report to the Court and, if reasonable and necessary, request that the Court sanction the party or parties involved as the Court Appointed ADR Manager and the Court deem appropriate.

(c)

(d)

(e)

(f)

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(g)

It shall be the responsibility of all parties to advise each individual ADR Practitioner of the terms of this paragraph of this Order and, with specificity, of the terms of sub-paragraphs (e) and (f) hereof. The Court Appointed ADR Manager shall be responsible for coordination, oversight, and supervision of all ADR activities in all asbestos actions and shall be available to assist the Court in the orderly resolution of claims as deemed reasonable, necessary, and appropriate by the Court. All parties will cooperate with and provide any information requested by the Court Appointed ADR Manager. In addition generally administering an ADR program for asbestos actions, the Court Appointed ADR Manager shall have the following specific administrative responsibilities: (1) (2) Receive reports from the parties and from individual ADR Practitioners regarding ADR efforts; Work with the parties, counsel, and individual ADR Practitioners to ensure that the provisions of this Order are met and that good faith ADR efforts are undertaken and completed by all parties in all asbestos actions. Work with the Court and the Special Master as necessary to ensure that the Courts intent to apply Rule 16 to asbestos actions is fully met. This will include reports to the Court and recommendations for Court action as the Court Appointed ADR Manager may deem necessary and appropriate. A full and detailed report on ADR status will be provided to the Court ten (10) days following the date to complete ADR as set forth in General Scheduling Order No. 1.

(h)

(3)

(i)

The terms of sub-paragraphs (e) and (f) shall apply to the Court Appointed ADR Manager when that individual also serves as ADR Practitioner in any given mater. With regard to administrative or general services provided by the Court Appointed ADR Manager, the Court Appointed ADR Manager shall submit statements to the Court detailing and itemizing such services and shall be compensated for such services at the rate of $350 per hour. The Court shall authorize payment of such Statements from the Special Master Fund established and maintained by the Court.

SO ORDERED, this 29th day of April, 2011. /s/ Peggy L. Ableman Peggy L. Ableman, Judge

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