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In re Asbestos Products Liability Litigation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 8, 2010

IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI)

The opinion of the court was delivered by: David R. Strawbridge United States Magistrate Judge

This Document Relates To: (Oil Rig Cases) (See Exhibit A - attached case list)

ORDER RE: SUBPOENA SERVED UPON DR. RICHARD TANNEN AND NOW, this 8th day of July 2010, it is HEREBY ORDERED that Plaintiffs' "Motion to Quash Subpoenas or, Alternatively, for Protective Order" ("Motion") (Doc. 12), filed on July 1, 2009, as it pertains to the subpoena issued by this Court in MDL-875 and served upon Dr. Richard Tannen ("Dr. Tannen") on June 6, 2009, is DENIED in part and GRANTED in part as follows:

(1) Dr. Tannen shall PRODUCE to Defendant Union Carbide Corporation ("Defendant") all documents and materials called for within Paragraphs 1-5, 7, 9, 12, and 15,*fn1 but only as to specific activity undertaken by him or his staff with respect to those individuals who are remaining Plaintiffs in 09-MC-103;

(2) With respect to Paragraph 8, the Motion is GRANTED subject toDr. Tannen providing to Defendant any information and/or materials that would identify with reasonable particularity the type or model of the medical equipment used by him or his staff to screen or test any of the remaining Plaintiffs in 09-MC-103 within twenty-one (21) calendar days of the entry of this order;

(3) With respect to Paragraphs 14 and 18, the Motion is GRANTED subject to Dr. Tannen submitting to Defendant an affirmative representation under oath that he was in fact properly certified and/or licensed to have conducted the testing performed on those individuals who are remaining Plaintiffs in 09-MC-103, if any such testing was performed. If he is unable to provide a representation to this effect, he shall produce to Defendant any and all information relating to denials, notices of violations, revocations, rescissions, or suspensions of his certifications and/or licensing at the time when the testing in question was undertaken. The affirmative representation, or alternatively, the production of responsive information shall be provided to Defendant within twenty-one (21) calendar days of the entry of this order;

(4) The materials and documents to be produced are to be produced to Defendant within twenty-one (21) calendar days of the entry of this order.

ATTACHED LIST OF CASES

Last Name First Name Mississippi State Dist EDPA Docket No. Court Number

Brady Clinton L. 2006-407-CV11 5:08-cv-87071

Broom Harvey E. 2006-519-CV11 5:08-cv-87069

Bullock Deloice 2006-520-CV11 5:08-cv-87072

Crawford Joseph 2006-394-CV11 5:08-cv-87080

Curd Patrick 2006-525-CV11 5:08-cv-87083

Daniels Willie Lee 2006-409-CV11 5:08-cv-87068

Daughdrill Dan Mack 2006-526-CV11 5:08-cv-87081

Dearman Rolland 2006-410-CV11 5:08-cv-87070

Dixon George D. 2006-374-CV11 5:08-cv-87077

Emler Louie T. 2006-464-CV11 5:08-cv-87084

Faust Johnny W. 2006-90-CV3 5:08-cv-85894

Herring (dec'd) Henry A. 2006-468-CV11 5:08-cv-87079

Livingston Daniel 2006-94-CV3 5:08-cv-85987

Lord, Sr. Archie A. 16-0056 5:08-cv-87030

McPhail Ralph T. 2006-345-CV9 5:08-cv-87048

Mounteer, Sr. Eliel K. 2006-555-V11 5:08-cv-87073

Newsom Joseph 16-0018 5:08-cv-87076

Newsom Lonnie 2006-414-CV11 5:08-cv-87031

Piner Ted L. 2006-415-CV11 5:08-cv-87078

Polk Brandon Kaye 2006-206-CV3 5:08-cv-85986

Polk Dale F. 2006-85-CV3 5:08-cv-85985

Rawls Ray C. 2006-417-CV11 5:08-cv-87075

Smith (dec'd) Cleophus 2006-75 5:08-cv-87032

Thomas Tony N. 2006-573-CV11 5:08-cv-87082

Wallace Terry 2006-491-CV11 5:08-cv-87074


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