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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

CIVIL ACTION NO. MDL 875

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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