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1 - JOINT STIPULATION AND MOTION TO STAY (CV05-5829 JKA)

C:\Documents and Settings\jarnold\Local Settings\Temp\notesFFF692\~1123694.wpd BRAYTON  ̃ PURCELL, LLP

American Bank Building

621 SW Morrison Street, Suite 950

Portland, Oregon 97205

Phone: (503) 295-4931; Fax: (503) 241-2573

THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

EUGENE CLAYTON AND JEANETTE

CLAYTON, as Co-Executors of the Estate

of VERNON PAASCH, deceased, and on

behalf of Wrongful Death Heirs,

Plaintiff,

vs.

NEWPORT NEWS SHIPBUILDING &

DRY DOCK COMPANY, and DOES

1-300,

Defendants. 

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No. CV05-5829 JKA

JOINT STIPULATION AND MOTION TO

STAY 

 and

ORDER GRANTING STAY UNTIL

FEBRUARY 2, 2007

Pursuant to Local Civil Rules 7(d)(1) and 10(g) the following parties hereby stipulate to,

and respectfully move the Court for, an Order staying this matter and vacating the dates set forth

in the Minute Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement

filed January 3, 2006 (Document 4), for the following good cause:

 On January 30, 2006, Defendant NEWPORT NEWS SHIPBUILDING & DRY DOCK

COMPANY, filed Document 7, Notice to Tag Along Action regarding the pending Multidistrict

Litigation (“MDL”) in the Eastern District of Pennsylvania, seeking among other things, to move

Jurisdiction of this matter to that District. 

On July 29, 1991, the Judicial Panel on Multidistrict Litigation (“JPML”) entered an

order transferring all asbestos personal injury cases pending in the federal courts to the United

States District Court for the Eastern District of Pennsylvania, for coordinated pretrial

Case 3:05-cv-05829-JKA Document 9 Filed 02/03/06 Page 1 of 3
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2 - JOINT STIPULATION AND MOTION TO STAY (CV05-5829 JKA)

C:\Documents and Settings\jarnold\Local Settings\Temp\notesFFF692\~1123694.wpd BRAYTON  ̃ PURCELL, LLP

American Bank Building

621 SW Morrison Street, Suite 950

Portland, Oregon 97205

Phone: (503) 295-4931; Fax: (503) 241-2573

proceedings pursuant to 28 U.S.C. § 14097. That order also applies to “tag-along actions,” or

actions involving common questions of fact filed after January 17, 1991. Such actions are to be

transferred to the eastern District of Pennsylvania as part of MDL 875, for coordinated pretrial

proceedings. 

The JPML has held that a district court has the authority to stay pending a transfer order.

In re Asbestos Products Liability Litigation, 170 F. Supp. 2d 1348, 1349 n.1 (J.P.M.L. 2001)

(“[T]hose courts concluding that such issues should be addressed by the transferee judge need not

rule on them, and the process of 1407 transfer in MDL-875 can continue without any unnecessary

interruption or delay.”). 

To date, the Clerk of the JPML has not entered a Conditional Transfer Order pursuant to

JPML Rule 12(a) or filed an order to show cause why the action should not be transferred,

pursuant to JPML Rule 13(b). 

It is likely the dates set forth in the Minute Order (Document 4), including the deadlines

imposed by Federal Rules of Civil Procedure 26, will come to pass before the Clerk of the MDL

Panel acts. 

In addition, it has come to the attention of counsel that the Judge assigned to hear the

cases pending in MDL 875, the Honorable Charles R. Weiner of the Eastern District of

Pennsylvania, has recently passed away and that the Clerk of that Court has reported a backlog in

cases transferred to that Court by the MDL panel. 

The parties make this Motion on the grounds that a stay of this action would (a) promote

judicial efficiency, (b) allow consistency in pretrial rulings, and (c) be most convenient to the

parties. 

Due to the pending action by the Clerk of the MDL Panel, the following parties hereby

STIPULATE to and respectfully request the Court VACATE its Minute Order Regarding Initial

Disclosures, Joint Status Report, and Early Settlement filed January 3, 2006 (Document 4) and

that the Court issue an Order STAYING this action pending the outcome of the MDL Panel’s

decision on the merits of the transfer. 

//

Case 3:05-cv-05829-JKA Document 9 Filed 02/03/06 Page 2 of 3
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3 - JOINT STIPULATION AND MOTION TO STAY (CV05-5829 JKA)

C:\Documents and Settings\jarnold\Local Settings\Temp\notesFFF692\~1123694.wpd BRAYTON  ̃ PURCELL, LLP

American Bank Building

621 SW Morrison Street, Suite 950

Portland, Oregon 97205

Phone: (503) 295-4931; Fax: (503) 241-2573

Dated: February 1, 2006 BRAYTON ̃PURCELL LLP 

/s/ Zachary Herschensohn 

 

 By: __________________________ 

Scott Niebling WSBA 25186, OSB 04494

Zachary Herschensohn WSBA 33568

Attorneys for Plaintiff

Dated: February 1, 2006 PERKINS COIE LLP

 /s/ James H. Gibley

 

 By: __________________________ 

James H. Gibley, WSBA 17000

James F. Williams, WSBA 23613

Attorneys for Defendant NEWPORT NEWS

SHIPBUILDING & DRY DOCK

COMPANY

 ORDER

PURSUANT TO STIPULATION, THE STAY REQUESTED IS GRANTED UNTIL

FEBRUARY 2, 2007. THE CLERK IS DIRECTED TO NOTE THE MATTER FOR

STATUS REVIEW ON JANUARY 25, 2007 FOR THE PURPOSE OF CONSIDERING THE

NEED TO EXTEND THE STAY.

Dated: February 3, 2006.

__/s/ J. Kelley Arnold_______ . J. Kelley Arnold

United States Magistrate Judge

 

 

Case 3:05-cv-05829-JKA Document 9 Filed 02/03/06 Page 3 of 3