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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)

05 Civ. 3090 (AKH)

04 Civ. 9003 (KMK)

04 Civ. 5338 (GBD)

04 Civ. 7217 (GBD)

05 Civ. 0631 (E.D.N.Y.)

05 Civ. 9507 (HB)

05 Civ. 1927 (AKH)

05 Civ. 1091 (AKH)

05 Civ. 1092 (AKH)

05 Civ. 1093 (AKH)

ALVIN K. HELLERSTEIN, UNITED STATES DISTRICT JUDGE:

WHEREAS, on Tuesday, May 9, 2005 at 4:00 P.M., and on July 13, 2005 at 4:00 P.M., I 

held status conferences in the above matters, and counsel for both plaintiff and defendants have 

submitted reports on these cases pursuant to my request at the July 13, 2005 conference, IT IS 

NOW, THEREFORE ORDERED THAT:

MASTER DOCKET

1. Cases brought by plaintiffs arising out of or relating 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 were thereafter divided into three groups: Cases alleging wrongful death and 

personal injury based primarily on circumstances and conduct up to and including the 

attacks of September 11, 2001 were assigned the master docket number 21 MC 97; cases 

alleging property damage primarily based on circumstances and conduct up to and 
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including the attacks of September 11, 2001 were assigned the master docket number 21 

MC 101 by order of March 14, 2005; 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 were 

assigned the master docket number 21 MC 100 by order of February 11, 2003.

3. Cases brought by plaintiffs – such as clean-up personnel – alleging personal injury 

primarily based on circumstances and conduct in the period after the September 11, 2001 

attacks, and based on conduct that occurred outside the area defined as the World Trade 

Center Site in Case Management Order 3 of the 21 MC 100 case now constitute a fourth 

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

Center Lower Manhattan Disaster Site Litigation.” 21 MC ___ (AKH).

4. These cases are coordinated before me because the claims for respiratory injury share 

several issues of fact and law with 21 MC 100 and the other World Trade Center cases, 

and because the defendants state that they anticipate the assertion of contribution, 

indemnification, and similar claims by the current defendants in the off-WTC site actions 

against the defendants in 21 MC 100. The cases will not be coordinated directly as part 

of 21 MC 100, however, because of plaintiff’s desire to have issues of fact and law 

unique to these cases supervised on a separate basis. The cases listed above are hereby 

coordinated, and the approximately 300 cases the plaintiffs represent will be brought 

shall be coordinated as related to this action.

5. The Clerk of the Court is hereby ordered to list the cases named on Exhibit A of this 

order as related to 21 MC ___ (AKH). 

6. Counsel shall file originals of papers that relate to all of the cases under 21 MC ___ in 
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accordance with the electronic filing procedures established for 21 MC 100 as defined in 

Case Management Order XX of March XX, 2005. 

7. The Court designates Gregory Cannata, Esq. of The Law firm of Gregory J. Cannata, 233 

Broadwa, 5th Floor, New York, New York 10279-0003, to serve as liaison counsel for the 

plaintiffs in this case. The Court designates as defendants Co-Liaison Counsel James E. 

Tyrrell, Jr., Esq. of Latham & Watkins LLP, One Newark Center, 16th Floor, Newark, NJ 

07102, and Richard A. Williamson, Esq. of Flemming, Zulack & Williamson, LLP, One 

Liberty Plaza, 35th Floor, New York, NY 10006 (hereinafter referred to jointly as 

“Defendants’ Liaison Counsel”). The Court directs the parties to coordinate their actions 

through Liaison Counsel. Nothing herein shall restrict the substantive rights of any party, 

including the right to be represented by separate counsel or to take separate positions 

from other parties. The Court reserves the right to designate liaison counsel for either 

plaintiffs or defendants as a replacement for the designations by the parties if the need 

should arise.

8. Appointment of Liaison Counsel and Steering Committee Counsel to act as set forth 

below will facilitate communications among the Court and counsel, minimize duplication 

of effort, foster the coordination of joint positions, and provide for the efficient progress 

and control of this litigation. Liaison Counsel are vested by the Court with the following 

responsibilities and duties:

a. prepare and maintain an official service list of plaintiffs’ and defendants’ counsel 

in the cases subject to this Order including the persons or companies they 

represent, upon whom papers shall be served in this litigation;

b. receive orders, notices, correspondence and telephone calls from the Court and