UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

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IN RE WORLD TRADE CENTER DISASTER SITE 

LITIGATION 

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CASE MANAGEMENT 

ORDER

21 MC 100 (AKH)

WHEREAS, on January 24, 2003 a conference was held in the above matters, 

IT IS NOW, THEREFORE, ORDERED THAT: 

MASTER DOCKET

1. Cases brought by plaintiffs arising out of or related to the September 11, 2001 attack 

on the World Trade Center were consolidated before this Court for pre-trial purposes 

pursuant to this Court’s Order of November 1, 2002. 

2. These cases are divided hereby into two groups. Cases alleging wrongful death, 

personal injury, and property damage primarily based on circumstances and conduct 

up to and including the attacks of September 11, 2001 constitute the first group and 

share the master docket number 21 MC 97, established by the order of November 1, 

2002. 

3. Cases brought by plaintiffs – such as recovery and clean-up personnel – alleging 

wrongful death or personal injury primarily based on circumstances and conduct in 

the period after the September 11, 2001 attacks, and whose actions are listed in 

Exhibit A hereto or are commenced after the date of this Order, constitute the second 

group. A master docket for this second group is hereby established: “In re World 

Trade Center Disaster Site Litigation,” 21 MC 100 (AKH). 
4. The Clerk of the Court is hereby ordered to list the cases named on Exhibit A of this 

order as related to 21 MC 100 (AKH). 

5. Counsel shall file originals of papers that relate to all of the cases under the applicable 

master docket; however, if papers deal with a specific case or cases, they shall be

filed only under the individual docket numbers. Papers filed under the master docket 

shall be considered part of the individual case record where relevant. 

LIAISON COUNSEL AND COMMITTEES

6. Michael Barasch, Esq. of Barasch, McGarry, Salzman, Penson & Lim shall serve as 

Liaison Counsel on behalf of plaintiffs, primarily recovery and clean-up personnel, 

bringing wrongful death or personal injury actions based on claims of injury based on 

conduct and circumstances in the period after the September 11, 2001 terrorist 

attacks. Mr. Barasch shall meet and confer with counsel representing the 

aforementioned plaintiffs and establish a Respiratory Subcommittee of the Plaintiffs’ 

Executive Committee. Mr. Barasch will sit on the Plaintiffs’ Executive Committee 

established pursuant to the Plaintiffs’ and Defendants’ Joint Status Report Regarding 

Formation of Committees and Subcommittees, dated October 7, 2002. Gary Shaffer, 

Esq. of the Law Department of the City of New York, shall serve as Liaison Counsel 

on behalf of all entities named as defendants in the group of actions under 21 MC 100 

and shall be a member of the Defendants’ Executive Committee. 

REMAND MOTIONS AND PLEADINGS IN REMOVED ACTIONS

7. Oral argument in Hickey v. City of New York, 02 Civ. 8434, on plaintiff’s motion to 

remand shall be heard on March 31, 2003 at 2:00 p.m. 

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8. All plaintiffs in any actions consolidated under 21 MC 100 against the City of New 

York or other defendants, seeking to remand their actions to State Court, shall serve

motions to remand no later than February 24, 2003. Opposition papers shall be 

served by March 17, 2003 and reply papers, if any shall served by March 21, 2003. 

Oral argument shall be heard on March 31, 2003 at 2:00 p.m. It has been represented 

by counsel for those plaintiffs who commenced their actions in State Court through a 

summons with notice, as indicated in Exhibit A, that all such plaintiffs allege 

wrongful death or personal injury at the World Trade Center site on September 11, 

2001 or thereafter. Counsel for plaintiffs in these actions have also represented that 

plaintiffs wish their cases to be suspended pursuant to paragraph 10, below. Plaintiffs

in these actions need not serve a complaint until such cases are activated pursuant to 

paragraph 10, below. 

9. The last date to answer or move with respect to the actions listed in Exhibit A is

extended without date pending further order of this Court. 

SUSPENSION OF VARIOUS ACTIONS 

10. Those plaintiffs in cases consolidated under 21 MC 100 who wish to file claims with 

the Victim Compensation Fund established pursuant to the Air Transportation Safety 

and System Stabilization Act (“the Act”) shall so notify the Court and defendants’ 

counsel in writing no later than April 10, 2003. Thereafter, with regard to those

plaintiffs, the lawsuit shall be suspended and shall remain dormant until the earlier of

the following: 

(a) December 23, 2003 or 

(b) the service of a notice by or on behalf of the named plaintiff, and 

filed with the Court, that he or she intends to activate the lawsuit 

and proceed with the litigation. 

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11. With respect to those plaintiffs whose actions are suspended or remain dormant, the

defendants shall not answer or demand service of a complaint, and shall not be

obligated to serve or file any motions to dismiss or otherwise, in response to any 

complaint filed as herein provided, and, with the exception of the obligation of the 

plaintiffs in actions against the City to appear for hearings pursuant to General 

Municipal Law § 50-h, all other proceedings shall be stayed until the lawsuit is 

activated as specified in paragraph 10, above. A plaintiff in a suspended action who 

has not filed and served a complaint must do so prior to activating the action. If 

required to answer or move following activation, each defendant shall be entitled to 

raise any and all defenses available to it under the law as if it had just been served 

with the summons and complaint. 

12. As long as any lawsuit remains dormant and in suspense, the named plaintiff may file 

a claim for compensation from the Victim Compensation Fund (“Fund”), and the 

plaintiff shall not be deemed ineligible to receive an award from the Victim 

Compensation Fund by reason of the pending lawsuit. However, the issuance by the 

Fund of a writing in any form, including, but not limited to, a letter by the Fund 

substantially in the form of Exhibit B hereto, indicating that the plaintiff’s claim was 

deemed submitted for purposes of the Act, shall preclude such person from

proceeding with any lawsuit pursuant to § 405(c)(3)(B)(i) of the Act. Within 20 days 

of the issuance of the aforementioned writing, the plaintiff shall discontinue its 

suspended action against the City, or suffer dismissal by order of the Court. 

13. Any plaintiff who elects to have an action treated as dormant pursuant to the 

provisions hereof, shall be deemed to have agreed to any proceedings and discovery 

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in any other civil actions against the City or any other defendant for personal or 

property damage, injury or death as a result of the terrorist-related aircraft crashes of 

September 11, 2001. 

14. Nothing herein shall, except insofar as it is inconsistent with stipulations entered into 

in State Court in these actions, affect the obligations of the parties pursuant to such 

stipulations. 

FUTURE ACTIONS AGAINST THE CITY OF NEW YORK

15. Should any individual hereafter commence an action in State Court by filing a 

summons or summons with notice against the City for injuries arising out of or

relating to the terrorist-related air crashes of September 11, 2001, which the City 

intends to remove to this Court, the City shall demand a complaint pursuant to and in

accordance with the time periods established by the New York State CPLR § 3012(b). 

Removal of such actions shall be done in accordance with 28 U.S.C. 1441, et seq. 

Any motions to remand such actions shall be made within 30 days of service of a 

notice of removal upon the plaintiff. The City shall serve a copy of this Order upon 

any such plaintiff with its notice of removal. 

* * * * * * * * * * 

This Order is the result of efforts to deal with extraordinary circumstances and nothing 

contained herein is to be deemed to be a waiver of any of the provisions of statute governing 

suits against the City and cannot be used as any type of precedent by any individual. Nothing

contained herein should be read as applicable to any other potential defendant for personal or 

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property damage, injury or death resulting from the terrorist-related airplane crashes 

of September 11, 2001. 

SO ORDERED. 

Dated: New York, New York //S//________________ 

 February 11, 2003 ALVIN K. HELLERSTEIN 

 United States District Judge

 

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EXHIBIT A 

Docket # Plaintiff Attorney # of Plaintiffs Summons w Notice

02cv5288 Taha Rosenberg, Minc, Falkoff, & Wolf 1 Complaint 

02cv8092 Bel Kuharski, Levitz, LLP 7 Complaint 

02cv8434 Hickey Sacks & Sacks 2 Complaint 

02cv8569 Jacks Pro Se 2 Yes 

02cv8688 Donnelly Kreindler & Kreindler 2 Yes 

02cv8938 Beyer Sullivan, Papain 4 Yes 

02cv9126 McNally Sullivan, Papain 4 Yes 

02cv9127 Ariola Sullivan, Papain 24 Yes 

02cv9128 Blake Sullivan, Papain 3 Yes 

02cv10270 Adams Sullivan, Papain 471 Yes 

02cv10271 Arsenault Watters & Svetky, LLP 21 Yes 

02cv10272 Greenwood Sullivan, Papain 3 Yes 

02cv10273 Miller Willard R. Pratt III 1 Complaint 

02cv10274 Rowe Jeffrey Neiman 1 Complaint 

02cv10275 Rementeria Altier & Vogt 2 Yes 

02cv10304 Davi Joseph Giaramita 1 Yes 

03cv006 Dalton Sacks & Sacks 1 Complaint 

03cv007 Johnson Sacks & Sacks 2 Complaint 

03cv008 Flechaus Oshman, Helfenstein 1 Complaint 

03cv0033 Annerino Barasch 33 Yes 

03cv0034 Albrecht Godosky 252 Yes 

03cv0035 Arocho Barasch 3 Yes 

03cv0036 Agugliaro Barasch 19 Yes 

03cv0037 Stephenson Talkin, Muccigrosso, Roberts, LLP 45 Yes 

03cv0038 Accardo Barasch 739 Yes 

03cv0193 Baiano Wertheimer Associates 45 Complaint 

03cv0194 Wilkinson Purcell & Ingrao 1 Yes 

03cv0195 O’Callaghan Purcell & Ingrao 1 Yes