IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Robert Barefield v. Ford Motor Company : C.A.No. 2:02 CV 02682

Robert Hess v. Ford Motor Company : C.A.No. 2:02 CV 02763

Gerald Kelly v. General Motors Corporation : C.A.No. 2:02 CV 02884

Donald Hood v. Daimler Chrysler : C.A.No. 2:02 CV 02940

James Rocks, Jr. v. Daimler Chrysler : C.A.No. 2:02 CV 02966

Charles Hartman v. Daimler Chrysler : C.A.No. 2:02 CV 02967

Joseph Reed, III v. Daimler Chrysler : C.A.No. 2:02 CV 02971

Dennis O’Donnell v. Daimler Chrysler : C.A.No. 2:02 CV 03533

Joseph Smith v. General Motors Corporation: C.A.No. 2:02 CV 03559

John MacAuley v. Daimler Chrysler : C.A.No. 2:02 CV 03832

George Rowland v. Ford Motor Company : C.A.No. 2:02 CV 03855

Dolores Alibert v. Ford Motor Company : C.A.No. 2:02 CV 04025

Delmer Hammond v. Daimler Chrysler : C.A.No. 2:02 CV 04409

Harry Brassill v. Daimler Chrysler : C.A.No. 2:02 CV 04413

Donald Small v. General Motors Corporation: C.A.No. 2:02 CV 04479

Richard Meyer v. Daimler Chrysler : C.A.No. 2:02 CV 04480

Donald Nees, Sr. v. Daimler Chrysler : C.A.No. 2:02 CV 04730

James McElhiney v. Daimler Chrysler : C.A.No. 2:02 CV 05317

Jerry Delgaudio v. Daimler Chrysler : C.A.No. 2:02 CV 05318

____________________________________X

O R D E R

This Court has previously administratively dismissed these cases pending the determination

of certain issues by the Bankruptcy Court. Those issues having now been resolved, these cases are

hereby reinstated for the purpose set forth herein.

These cases were originally filed in the Pennsylvania State Court of Common Pleas for the

County of Philadelphia, and subsequently removed to the United States District Court for the Eastern

District of Pennsylvania. The removal was predicated upon the theory of “related to” bankruptcy

jurisdiction, vis-a-vis the bankruptcy filing in the United States District Court for the District of 

Case 2:02-cv-04413-MK Document 7 Filed 02/26/2003 Page 1 of 2
Delaware by Federal Mogul Corporation or the bankruptcy filing by Armstrong World Industries.

A large number of similar cases were directly transferred or removed to the Bankruptcy Court in

Delaware the Third Circuit designated the Honorable Alfred M. Wolin as the presiding judge. Having

completed an extensive briefing and hearing process, Judge Wolin, on February 8, 2002, issued his

ruling that the Bankruptcy Court lacked jurisdiction in these matters and thereupon ordered their

transfer back to the various state courts. The order was appealed to the United States Court of

Appeals for the Third Circuit and on July 31, 2002, Judge Slovitor issued the Court’s opinion

upholding Judge Wolin’s decision. The Supreme Court denied cert and all avenues for appeal appear

to have been exhausted by the parties.

The action before this Court is similarly situated with regard to its removal from the state

court. The Court can find no reason not to comply with Judge Wolin’s decision as it relates to the

removal of this case to the federal court.

IT IS ORDERED that these cases are hereby reinstated and remanded to the State of

Pennsylvania Court of Common Pleas for Philadelphia County from whence they were removed to

this Court.

DONE this 21ST day of February, 2003.

BY THE COURT

___________________________

Charles R. Weiner S.J.

Case 2:02-cv-04413-MK Document 7 Filed 02/26/2003 Page 2 of 2