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HomeMy WebLinkAbout95-02077 ~~ ~~ ._~ ~',- ('\ .' ~ 1 " V\ ,. " ~ - . l(, ~ \~ 0__ ~ ~ f".~ " ., - - f>. ~~ . ~ " -" ..c "" ~ .n <Tl ~ :>" n_ ,.... '" ('1 -, '''' >- ~. :'l:: L. ~ ~ ti .. ~ 9 ... 0 '" ;: ~ lii .. ~ ~ !it .. ... .. Ii Q li1 M ~ 0 '" ... .. :> Q E % cl .. ~ .. OIl .. .. i .!! 0 ~ z ~ ~ OIl % 0 ... Q ~ . . '. MAR-17-93 UEO 15:45 CHIEF JUSTICE NIX FAX NO. 12155602551 PoOI/03 vi' IN THE SUPRENE COURT OF PENNSYLVANIA IN RE: SILICONE IMPLANT LITIGA1'ION NO. JUDICI.~ ADMINISTRATIVE DOCKET NO. ORDER OF COURT AND NOW, thiS 17th day of M.uch , 1993, upon the recommendation at the Ad Hoc Committee on Silicon" Implaot Litigation, it is hereby ORDERED as follows: 1. This Order governs all pending and future laWsultS filed in all courts of the Commonwealth of Pennsylvania, seeking damages for personal injuries alleged to have been sustained 1n the! use of silicone breast implants; 2. The following Judges are appointed to sit as a three. judge Coordinating Panel to manage and coordinate cases governed by thic Order: A. Honorable R. Stanton Wcttick, Jr. , Ch;:lJ.rpcrson B. Honcrablc Sandra Ma:er Moss C. Honcrable Emanuel A. CaosJ.matis , The Allegheny County Court c,E Common Pleas i13 - . designated a:3 the coordinating Court and the Judges appointed to the Coordinating Panel in the preceding paragraph a~e assigned to sit as Comman Pleas Court Judges on this Court tOI' the pUI'poses of coordinating litigation. 4. The members of the Coordinating Panel snall serve at the pleasure of this Court; EXHIBIT 5. Cases c1aillUng injuries as a result ot s:.licone I A ~AR-J7-93 UED /S:46 CHIEF JUSTICE NIX FAX NO. 121S5602SSI P. 02/03 ~mpl.:tnts sh..ll b", tiled in tile local jUdicial district as l'P.qUired by the Pennsylvania Rules of Civil Procedure; 6. Th~ Coordinating Panel may transfer any case to any Court Of Common Pleas within this Commonwealth for gOod cause; 7. The President JUdges Of all of the COUrts or ~ommon Pleas, the Coordinating Panel members, and th~ Administratlve Orfice of PennsYlvania Courts shall develop a process that will permit nOtification of the Coordinating Panel of the filing of a Silicone breast implant lawSUit within a jUdiCial district and provide for the dissemination of all orders and rulings of the Coordinating Panel. S. The Administrative Office Of PennsYlvani,1 COUrts shall be charged with the responSibility of arranging for expenditures necessary to pay for the Work Of the Coordinating panel; 9. The Coordinating Panel may: (a) enter, Stay or modify case management ordcr~ affecting praCtice and prOcedure which do not enlarge or abridge the substantive rights of the litigants Which t;h"ll appl}' in all jUdicial districts of the Commonwealth; (b) stay. vacate or modify any existing order. of any Common Pleas COUrt that is L1consistent with any order which the Coordinating Panel has issued; , c) exercise any and all powers 91 ven tll il COurt PU1'SUant to Pa. R.C.p. No. 213.1 COOrdination of J\cCions 1n Different COunties; r...... (d) remand a matter to the local COurt of Common ~leas for deCiSion of selected issues or for trial; \ \ . . t:i\R-I7-93 ~ED 15: 46 CHIEF JUSTICE NIX FAX NO, 12155602551 P.02/03 ~mpl.:J.nts shall lJ", f:.led in tM local judicial district: as l'tlquired by the pennsylvania Rulen of civil Procedure; 6. Th~ Coordinatlng Panel may transfer any case to any Court at Common Pleas within this Commonwealth for good cause; 7. The President JUdges of all of the Courts of :ommon Pleas, the Coordinating Panel members, and the Administrat~v~ Off~ce of Pennsylvania Courts shall develop a process that will pennit notification of the Coordinating Panel at the filing of a silicone breast implant lawsuit within a judicial district and provide for the dissemination of all orders and rulings of the Coordinating Panel. S. The Administrative OHice of Pennsylvania COUrtS shall be charged with the responsibility of arranging for expendituren necessary to pay for the work of the Coordinacin9 Panel; 9. The Coordinating Panel may: Ca) enter. stay or modify case management orders af fecung practice and procedure which do not enlarge or abridge the substantive rights of the litigants wlli.;h tihall applj' in all judicial districts of the Commonwealth; Ib) stay. vacate or modify any exist1ng order of any Common Pleas Court t~at is inconsistent with any order which the Coordinating Panel has issued; (c) exerC1se any and all powers 9 1 ven en it court put'suant to Pa. R.C.P. No. 213.1 Coordination of. 1\ctions 1n Differ.ent Counties; ,. Idl remand a matte: to the local Court of Common Pleas for decision of selected issue~ or for trial; ~~-17-93 WED 15:46 CHIEF JUSTICE NIX FAX NO. 12155602551 P.03/03 (e) onter any order necessary to effect the purpose of this order. lO. The coordinating Panel shall sit as a Court En Bsnc on any matters before ~~e coordinating Panel unless the Panel enters an order assigning one member of the Panel to consider a matter on behalf of the entire panel; ll. Rule 3~1 of the pennsylvania Rules o! Appellate procedure effective July 6, 1992, shall apply to all siliCOlle breast implant cases certified to the coordinating panel, including those filed prior to July 6, 1992i 12. All appeals from any decision of the coordinating Panel shall be filed in the superior court of pennsylvania; 13. Appeals taken to the superior Court of pennsylvania of cases involving noW and novel silicone breast implant litigation shall be expeditiously heard and disposed of initially by a permanent panel composed of five (5) judges ot the superior Court whose decisions shall have the full force and effect of a Court En BanC. panel, appeals in other cases involving the same issue would be heard before a three-judge panel as the superior court may direct. Aftor the resolution of a legal isaue by the permanent BY THE COURT: /'" (..,--. / \,1' / ~""'just1.ce -3- '- NO. 95-2177 (CUMBERLAND COUNTY) statement of intention to pursue claims against the hospital with a general description of the claims that this party intends to pursue; (4) claims that a party has raised against a product defendant are dismissed unless within thirty (30) days from the date set forth in the Certificate of Service attached to Plaintiffs' Information Sheet, this party files and serves on all other parties a statement of intention to pursue such claims against this product defendant with a general description of the claims that this party intends to pursue; (5) claims of a party for any setoff for money plaintiffs received in any settlement are dismissed unless within thirty (30) days from the date set forth in the Certificate of Service Attached to Plaintiffs' Information Sheet, this party files and serves on all other parties a notice of intention to pursue such claims with a general description of the claims this party intends to pursue; (6) all parties shall furnish the discovery provided for in the Standard Arbitration Discovery Requests within thirty (30) days from the date set forth in the Certificate of Service attached to Plaintiffs' Information Sheet; (7) no deposition shall exceed two hours without a court order or agreement of all parties; - --._'---.-.~ .--~,._-- NO. 95-2177 (CUMBERLAND COUNTY) (8) discovery shall be completed within ninety (90) days of the date set forth in the Certificate of Service attached to Plaintiffs' Information sheet; plaintiffs' pretrial statement shall be filed within one hundred and five (105) days of this date; and defendants' pretrial statements shall be filed within one hundred and twenty (120) days of this date; (9) motions for sununary judgment or other motions that must be decided by the court prior to the arbitration proceeding, with briefs, shall be filed with the judge signing this order of court within cne hundred and thirty (130) days from the date set forth in the Certificate of Service attached to Plaintiffs' Information Sheet; (10) the parties shall submit a writing identifying the arbitrator whom they have selected to hear this case as soon as they have made the selection. If the parties have been unable to select an arbitrator, the parties shall within one hundred and thirty (130) days from the date set forth in the Certificate of Service notify the court in writing that the court should select the arbitrator; (ll) unless this court crder is modified, on the one hundred and forty-fifth (145th) day from the date set forth in the certificate of Service attached to Plaintiffs' Information Sheet, this court will appoint an arbitrator; and (") c C ,..... "Ul, 0'1 ,. ~,. ,,~ -;'," U! I I'. .'. r~~.) ~.: ;t;(. ,. -. -, , ~\~? C;:J ,.,', Co 'I ::::" c- ~;j ~ (Jl -< (") C., 'l ,oo c.; -vi " " C'!' . /-: I l~.' !-~: \ ~.~ , , ;:. ~ , . , .., -.: .. - -0 ";!;' 0 .,.. ~ t ('\ ~ ~ <:> -i -<I ..J ~ , J IC If r . ~ , (-, ! " " r"' ..1 . , -I- I I, d ' . 1'.1 ',' , .j; , , , r , C) " .