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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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21 MC 100 (AKH) 

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IN RE WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

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21 MC 102 (AKH) 

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IN RE COMBINED WORLD TRADE CENTER 

AND LOWER MANHATTAN DISASTER SITE 

LITIGATION (straddler plaintiffs) 

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21 MC 103 (AKH) 

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ALVIN K. HELLERSTEIN, U.S.D.J.: 

Case Management Order No. 1, 21 MC 103

In the aftermath of the attacks on the World Trade Center on September 11, 2001, 

many workers came to World Trade Center site and nearby locations to assist with debris 

removal and other tasks. Some of these workers suffered respiratory and other injuries, and have 

filed lawsuits. Those who worked at the World Trade Center site filed suit against the City of 

New York and other contractors; their cases are consolidated as master docket 21 MC 100. See

Case Management Order No. 2, 21 MC 100 (Feb. 7, 2005). Those who worked at sites other 

than the World Trade Center site filed suit against the building owners and others; their cases are 

consolidated as master docket 21 MC 102. See Case Management Order, 21 MC 100 (Aug. 9, 

2005). 

The Court has learned that a substantial number of plaintiffs—190 at last count—

performed work at the World Trade Center site and at other sites. These plaintiffs have become 

known as “straddler” plaintiffs because their allegations span master dockets 21 MC 100 and 21 

MC 102. Their status as “straddlers” raised issues for plaintiffs’ liaison counsel, for the Clerk’s 
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office, and for me. Plaintiffs’ liaison counsel lacked a check-off complaint that adequately 

reflected all the allegations needed to be made by these “straddler” plaintiffs, and commenced to 

file multiple complaints for the same individual. The Clerk’s office did not docket multiple 

complaints for a single plaintiff, and the splitting of a cause of action into two parts, where the 

injury of which plaintiffs complain is indivisible as among the various “on-site” and “off-site” 

defendants named in 21 MC 100 and 21 MC 102, would confuse the proceedings and create a 

danger of duplicate recoveries. 

Following the status conference of 21 MC 102 cases on March 20, 2007, I asked 

the parties to propose an order that would organize the filing of these “straddler” complaints. On 

March 26, 2007, the parties submitted a stipulated order, proposing to split the cause of action 

into two parts, one that would proceed, by separate complaint, within the 21 MC 100 master 

docket, and one that would proceed, by another complaint, within the 21 MC 102 master docket. 

Having considered this proposal with the Clerk, and in light of my concerns previously 

expressed, I decline to order the stipulation. Instead, I order as follows: 

1. The Clerk shall maintain a separate master docket and case file under the heading In re 

Combined World Trade Center and Lower Manhattan Disaster Site Litigation (straddler 

plaintiffs), 21 MC 103 (AKH). Orders, pleadings, motions, and other documents bearing 

the caption of this Order shall, when docketed and filed in the Master File, be deemed 

docketed and filed in each individual case subject to this Order to the extent applicable, 

and ordinarily will not be docketed separately or physically filed in such individual case. 

2. Plaintiffs’ liaison counsel will create a “straddler” check-off complaint to comprehend all 

their claims for relief. 
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3. The “straddler” check-off complaints shall incorporate the master complaints in 21 MC 

100 and 21 MC 102, and provide each plaintiff with check-boxes to identify his claims 

against particular defendants of those named therein. The “straddler” check-off 

complaint shall not include allegations other than those made in the 21 MC 100 and 21 

MC 102 master complaints and check-off complaints. 

4. Plaintiff shall file the “straddler” check-off complaint in 21 MC 103 as an amended 

complaint, and dismiss all other complaints, by June 1, 2007. 

5. Those aspects of the check-off complaint that allege injuries caused by the City of New 

York and other defendants, arising from, or relating to, activities at the World Trade 

Center sites (as defined in Case Management Order No. 3, 21 MC 100), shall be 

coordinated with cases collected in 21 MC 100. 

6. Those aspects of the check-off complaint that allege injuries arising from, or relating to, 

activities at sites other than the World Trade Center sites (as defined in Case 

Management Order No. 3, 21 MC 100), shall be coordinated with cases collected in 21 

MC 102. 

7. A document that relates to all “straddler” cases shall bear a caption as follows: 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

 

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IN RE COMBINED WORLD TRADE CENTER 

AND LOWER MANHATTAN DISASTER SITE 

LITIGATION (straddler plaintiffs) 

: 

: 

: 

21 MC 103 (AKH) 

(all cases) 

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The Court recognizes that a document that relates to all cases in the 21 MC 100 or 21 MC 

102 dockets will, by definition, also relate to the 21 MC 103 docket. Such documents 

shall bear dual captions, as at the top of this Order. 
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8. A document that relates to one or more specific cases, but not to all cases, shall bear a 

caption as follows: 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

 

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IN RE COMBINED WORLD TRADE CENTER 

AND LOWER MANHATTAN DISASTER SITE 

LITIGATION (straddler plaintiffs) 

: 

: 

21 MC 103 (AKH) 

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JOHN DOE, 

 

 Plaintiff, 

 -againstDEFENDANTS, 

 Defendants. 

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: 

TITLE 

Civil Action Number(s) (AKH) 

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9. Plaintiffs’ claims arising from, or relating to, activities at the World Trade Center sites (as 

defined in Case Management Order No. 3, 21 MC 100) shall be stayed until such time as 

the United States Court of Appeals for the Second Circuit rules on Defendants’ appeal in 

21 MC 100. 

10. Plaintiffs’ claims arising from, or relating to, activities at sites other than the World Trade 

Center sites (as defined in Case Management Order No. 3, 21 MC 100) shall proceed in 

coordination with all other claims classified as related to 21 MC 102. 

11. The law firm of Worby, Groner, Napoli, & Bern shall provide to the Clerk a list of cases 

by April 20, 2007, including the index number, date filed, and plaintiff’s name, that 

should be classified as related to the 21 MC 103 docket. 

12. The Clerk shall remove each case on the list provided by Worby, Groner, Napoli, & Bern 

from the 21 MC 100 and 21 MC 102 master dockets, and classify the case as related to 

the 21 MC 103 master docket.