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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 COMMUNITY PORTABLE X-RAY, INC. 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 Community portable X-Ray ("Community") on June 12, 2009, is DENIED in part and GRANTED in part as follows:

(1) Community shall PRODUCE to Defendant Union Carbide Corporation ("Defendant") all documents and materials called for within Paragraphs 1, 3-6, 10, 12-13, 16, 18-19, 27,*fn1 but only as to specific actions undertaken by its staff or with the use of its equipment to those individuals who are remaining Plaintiffs in 09-MC-103,

(2) With respect to Paragraph 11, the Motion is GRANTED subject to Community providing to Defendant any information and/or materials that would identify with reasonable particularity the type or model of the medical equipment used by Community or its 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 Paragraph 17, the Motion is GRANTED subject to Community providing Defendant any and all documentation which was provided to those individuals who are remaining Plaintiffs in 09-MC-103 within twenty-one (21) calendar days of the entry of this order;

(4) With respect to Paragraphs 21-22 and 24, the Motion is GRANTED subject to Community shall submit to Defendant an affirmative representation under oath that it was in fact properly registered, certified and/or licensed to have provided services in connection with the testing done on those individuals who are remaining Plaintiffs in 09-MC-103, if any such testing was performed. If Community is unable to provide a representation to this effect, it shall produce to Defendant any and all information relating to any denials, notices of violations, revocations, rescissions, or suspensions of its 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;

(5) 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

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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