UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

--------------------------------------------------------------X ORDER CREATING

 : PROPERTY DAMAGE 

: TRACK AND

: REORGANIZING

IN RE: SEPTEMBER 11 LITIGATION : COMMITTEES

 : 

: 21 MC 97 (AKH) 

 : 21 MC 101 (AKH) 

--------------------------------------------------------------X 

ALVIN K. HELLERSTEIN, UNITED STATES DISTRICT JUDGE: 

WHEREAS, on October 8, 2002, this Court “So Ordered” Plaintiffs’ and 

Defendants’ Joint Status Report Regarding Formation of Committees and Subcommittees 

(the “2002 Order”); and 

WHEREAS, the 2002 Order provisionally established a committee structure for 

this consolidated action; and 

WHEREAS, it has become advisable to subdivide the groupings of cases and 

rearrange the committee structure to facilitate the efficient prosecution of the underlying 

actions; and

WHEREAS, this Order supersedes the 2002 Order; 

NOW, THEREFORE, it is hereby ORDERED as follows:

I. NEW MASTER DOCKET NUMBER/TRANSFER OF ACTIONS

A. A new Master Docket, 21 MC 101 (AKH) with the caption “In Re 

September 11 Property Damage and Business Loss Litigation” is hereby created. 

B. The following cases, currently pending as part of 21 MC 97, are 

transferred to the new 21 MC 101 (AKH) Master Docket:

02 Civ. 2987 World Trade Farmers Market, et al. v. United Airlines, Inc., et al. 

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02 Civ. 7198 Mayore Estates LLC and 80 Lafayette Associates LLC v. Port 

Authority of New York and New Jersey 

02 Civ. 10052 Serko & Simon LLP v. Port Authority of New York and New Jersey 

03 Civ. 0131 Certain Underwriters at Lloyd’s, et al. v. AMR Corp, et al.

03 Civ. 6925 Barcley Dwyer Co., Inc., et al. v. Minoru Yamasaki Associates, et al.

04 Civ. 4577 MVN Associates, Inc., et al. v. United Airlines, Inc., et al. 

04 Civ. 5020 Karoon Capital Management v. Minoru Yamasaki Associates, et al. 

04 Civ. 5021 Tower Computer Services, Inc. v. Minoru Yamasaki Associates, et al. 

04 Civ. 5022 Wall Street Realty Capital, Inc. v. Minoru Yamasaki Associates, et al. 

04 Civ. 5023 Koudis International v. Minoru Yamasaki Associates, et al. 

04 Civ. 5024 Barcley Dwyer Co. v. Minoru Yamasaki Associates, et al. 

04 Civ. 5025 N.S. Windows LLC. v. Minoru Yamasaki Associates, et al. 

04 Civ. 6848 American Alternative Insurance Corp., et al. v. AMR Corp., et al. 

04 Civ. 7136 Barcley Dwyer Co., et al. v. AMR Corp., et al. 

04 Civ. 7199 QBE International Insurance LTD, et al. v. AMR Corp., et al. 

04 Civ. 7225 Mayore Estates LLC and 80 Lafayette Associates LLC v. AMR Corp., 

et al. 

04 Civ. 7231 Industrial Risk Insurers v. AMR Corp., et al. 

04 Civ. 7234 Industrial Risk Insurers v. AMR Corp., et al.

04 Civ. 7238 Assurances Generales de France IART v. AMR Corp., et al. 

04 Civ. 7240 Woburn Insurance LTD v. AMR Corp., et al. 

04 Civ. 7241 Great Lakes Reinsurance UK PLC v. AMR Corp., et al. 

04 Civ. 7244 Underwriters at Lloyd’s, et al. v. AMR Corp., et al. 

04 Civ. 7246 American Reinsurance Company v. AMR Corp., et al. 

04 Civ. 7248 AXA Re, et al. v. AMR Corp., et al. 

04 Civ. 7272 Aegis Insurance Servs., Inc., et al. v. 7 World Trade Center Co., L.P., 

et al. 

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et al. 

04 Civ. 7294 Munich Reinsurance Company UK General Branch, et al. v. AMR 

Corp., et al. 

04 Civ. 7299 AXA Corporate Solutions, et al. v. AMR Corp., et al. 

04 Civ. 7318 Cantor Fitzgerald & Co., et al. v. American Airlines, Inc., et al.

II. REORGANIZATION OF PLAINTIFFS’ COMMITTEES

A. Plaintiffs’ Committee Structure, Composition and 

Membership/Liaison Counsel

1. The following Plaintiffs’ Executive Committees are hereby established: 

(a) the In re September 11, 2001 Litigation Personal Injury and 

Wrongful Death Plaintiffs’ Executive Committee (the “PI/WD Plaintiffs’ Executive 

Committee”), which shall be the executive committee for all cases consolidated in 21 MC 

97 (the “PI/WD Cases”); and 

(b) the In Re September 11 Litigation Property Damage and Business 

Loss Plaintiffs’ Executive Committee (the “PD/BL Plaintiffs’ Executive Committee”), 

which shall be the executive committee for all cases consolidated in 21 MC 101 (the 

“PD/BL Cases”). 

2. PI/WD Plaintiffs’ Executive Committee. The following law firms shall 

constitute the PI/WD Plaintiffs’ Executive Committee: 

Kreindler & Kreindler 

100 Park Avenue 

New York, New York 10017 

Baumeister & Samuels, P.C. 

One Exchange Plaza 

New York, New York 10006 

Baum, Hedlund 

12100 Wilshire Boulevard, #950 

Los Angeles, California 90025 

Speiser, Krause, Nolan & Granito, P.C. 

Two Grand Central Tower, 34th Floor 

140 East 45th Street 

New York, New York 10017 

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Hanly, Conroy, Bierstein & Sheridan 

LLP 

415 Madison Avenue 

New York, New York 10017 

3. PI/WD Plaintiffs’ Liaison Counsel. Marc S. Moller, a member of the 

firm Kreindler & Kreindler, shall serve as the PI/WD Plaintiffs’ Liaison Counsel. 

4. PD/BL Plaintiffs’ Executive Committee. The following law firms shall 

constitute the PD/BL Plaintiffs’ Executive Committee: 

Clifford Law Offices 

120 North LaSalle Street 

Chicago, Illinois 60602 

- and - 

Gregory P. Joseph Law Offices LLC 

805 Third Avenue, 31 Floor 

New York, New York 10022 

Zelle Hofmann Voelbel Mason & Gette LLP 

1201 Main Street, Suite 3000 

Dallas, Texas 75202 

Warden Triplett Grier 

Building 40 Corporate Woods 

9401 Indian Creek Pkwy, Suite 1100 

Overland Park, Kansas 66210 

5. PD/BL Plaintiffs’ Liaison Counsel. Robert A. Clifford, a member of the 

firm Clifford Law Offices, shall serve as the PD/BL Plaintiffs’ Liaison Counsel. 

B. Responsibilities Of Plaintiffs’ Executive Committees

1. The PI/WD Plaintiffs’ Executive Committee and the PD/BL Plaintiffs’ 

Executive Committee (together, the “Plaintiffs’ Executive Committees”) each shall be

responsible for coordination of the overall management and conduct of the actions 

subsumed under 21 MC 97 and 21 MC 101, respectively: 

a. preparing and serving plaintiffs’ interrogatories, requests for 

admission, document requests, deposition notices and other discovery; 

b. preparing and serving answers and responses to defendants’ discovery; 

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c. preparing, serving, filing and arguing liability motions and opposing 

defendants’ notices; 

d. preparing for and conducting depositions; 

e. entering into fact stipulations with the defendants; 

f. consulting and hiring expert consultants and witnesses; 

g. acting as spokespersons at pretrial conferences and hearings; and 

h. otherwise coordinating the work of all plaintiffs’ counsel and 

performing such other functions as necessary and appropriate or as 

may be authorized or requested by the Court. 

2. The Plaintiffs’ Executive Committees shall be responsible for the 

coordination of settlement-related strategy and discussions relating their respective cases; 

provided, however, that nothing in the foregoing clause shall preclude any party from 

settling or entering into settlement discussions independent of the Plaintiffs’ Executive 

Committees. 

3. The Plaintiffs’ Executive Committees shall cooperate with each other, and 

with Executive Committees formed in other September 11, 2001 cases, to avoid 

duplication and to promote efficiency and economy in discharging their responsibilities. 

4. The respective Plaintiffs’ Executive Committees may from time to time

designate subcommittees and assign responsibilities to the members of such 

subcommittees as necessary or appropriate to enable the litigation to progress efficiently 

and effectively. 

5. The Plaintiffs’ Executive Committees may make assessments for litigation 

costs and expenses upon the plaintiffs they respectively represent. Such assessments are 

to be deposited into fund accounts maintained by the respective Liaison Counsel. In the 

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event of a disagreement between a Plaintiffs’ Executive Committee and any plaintiff with 

respect to the amount or propriety of any such assessment, the matter shall be submitted 

to the Court for resolution outside the presence of non-affected counsel. A reasonable fee 

for the services of the Liaison Counsel and related expenses shall be deemed a litigation 

expense payable respectively out of such funds, subject to the approval of the Court. 

C. Responsibilities Of Plaintiffs’ Liaison Counsel

1. Liaison Counsel shall have the following responsibilities: 

a. acting as the spokespersons for their respective Plaintiffs’ Executive 

Committees; 

b. serving as Liaison between the PI/WD Plaintiffs’ Executive 

Committee and PD/BL Plaintiffs’ Executive Committee and with the 

Executive Committees of other 9/11 cases; 

c. serving as Liaison between the Court and the Plaintiffs’ Executive 

Committees with respect to all issues for which those committees are 

responsible; 

d. serving as Liaison between the defendants and the Plaintiffs’ 

Executive Committees with respect to all issues for which those 

committees are responsible; 

e. maintaining all files and making them available for inspection and 

copying by any plaintiff’s attorney in their respective cases; 

f. maintaining a current service list of all plaintiffs’ and defendants’ 

attorneys; 

g. coordinating work assignments among the Plaintiffs’ Executive 

Committees in such a manner as to promote the orderly and efficient 

conduct of the Litigation, and to avoid unnecessary duplication and 

unproductive effort; and 

h. coordinating the allocation of costs and expenses between the 

Plaintiffs’ Executive Committees. 

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2. Any disagreements between Liaison Counsel or between Liaison Counsel 

and members of the Plaintiffs’ Executive Committee they represent may be brought to 

the Court for resolution outside the presence of non-affected counsel.

D. Privileged Communications. All communications between or among 

members of the Plaintiffs’ Committees, Liaison Counsel, and/or any attorney for any

plaintiff or claimant shall be deemed to be embraced by the attorney-client privilege 

and/or work product doctrine, if the privilege or doctrine is otherwise applicable, and all 

of said persons shall maintain the confidentiality of said communications.

III. REORGANIZATION OF DEFENDANTS’ COMMITTEES

 

A. Defendants’ Executive Committees and Liaison Counsel Designations

1. Pursuant to the Court’s direction, the defendants have formed two 

Defendants’ Executive Committees, one entitled Aviation Defendants’ Executive 

Committee (“ADEC”) and one entitled Ground Defendants’ Executive Committee 

(“GDEC”). The ADEC is comprised of the following defendants, each of which shall be 

represented on the ADEC by the following representatives (and alternate representatives): 

Defendant Representative Alternate Representative 

United Airlines Michael R. Feagley (Mayer, 

Brown, Rowe & Maw) 

Jeffrey J. Ellis (Quirk & 

Bakalor P.C.) 

American Airlines Roger E. Podesta 

(Debevoise & Plimpton 

LLP) 

Mark P. Goodman 

(Debevoise & Plimpton 

LLP) 

Argenbright Security Charles E. Koob (Simpson 

Thatcher & Bartlett LLP) 

Joseph F. Wayland 

(Simpson Thatcher & 

Bartlett LLP) 

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Globe Aviation Serv. Corp. James P. Connors (Jones 

Hirsch Connors & Bull 

P.C.) 

Gary W. Westerberg (Lord 

Bissell Brook) 

Huntleigh USA Corp. H. Lee Godfrey (Susman 

Godfrey L.L.P.) 

Edward J. McMurrer 

(Mendes & Mount) 

Port Authority of NY and 

NJ 

Michael J. Crowley 

(Gallagher Gosseen Faller 

& Crowley) 

James A. Gallagher, Jr. 

(Gallagher, Gosseen Faller 

& Crowley) 

MassPort Mark Wood (O’Melveny & 

Myers LLP) 

John L. Altieri, Jr. 

(O’Melveny & Myers LLP) 

Washington Metropolitan 

Airports Authority 

Mark A. Dombroff 

(Dombroff & Gilmore, 

P.C.) 

Karen M. Berberich 

(Dombroff & Gilmore, 

P.C.) 

The “Non-Carrier” Airlines 

Group 

Richard P. Campbell 

(Campbell, Campbell, 

Edwards & Conroy P.C.) 

Kathleen Guilfoyle 

(Campbell Campbell 

Edwards & Conroy P.C.) 

Aviation Defendants’ 

Liaison Counsel (ex officio) 

Desmond T. Barry, Jr. 

(Condon & Forsyth) 

Christopher R. Christensen 

(Condon & Forsyth) 

The GDEC is comprised of the following defendants, each of which shall be represented 

on the GDEC by the following representatives (and alternate representatives): 

Defendant Representative Alternate Representative 

Port Authority of NY and 

NJ 

M. Bradford Stein 

(Flemming, Zulack & 

Williamson, LLP) 

Keith E. Harris (Port 

Authority of NY and NJ) 

World Trade Center 

Properties LLC 

Richard A. Williamson 

(Flemming, Zulack & 

Williamson, LLP) 

M. Bradford Stein 

(Flemming, Zulack & 

Williamson, LLP) 

Leslie E. Robertson 

Associates, R.L.L.P. 

Peter J. Gallagher (Salans) Benjamin Ellis (Salans)

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Minoru Yamasaki 

Associates, Inc. 

Kevin O’Neill (Gogick, 

Byrne & O’Neill, LLP.)

Jacqueline Keller (Gogick, 

Byrne & O’Neill, LLP.)

Skilling Ward Magnusson 

Barkshire, Inc. and 

Magnusson Klemencic 

Associates 

Mark Seiden (Milber 

Makris Plousadis & Seiden, 

LLP) 

Marisa Lanza (Milber 

Makris Plousadis & Seiden, 

LLP) 

Tishman Realty & 

Construction 

John J. McDonough (Cozen 

& O’Connor) 

Andrew J. Gibbs (Cozen & 

O’Connor) 

Ground Defendants’ 

Liaison Counsel 

Richard A. Williamson 

(Flemming, Zulack & 

Williamson, LLP) 

M. Bradford Stein 

(Flemming, Zulack & 

Williamson, LLP) 

The function of the ADEC and GDEC shall be to provide for communication and 

coordination among the defendants (with the exception of the United States and the 

terrorist defendants and alleged co-conspirators) with respect to, and, to the extent 

practicable, the overall management of all procedural, non-substantive aspects of the 

litigation. The ADEC shall be comprised of defendants such as the airlines, the airport 

security companies and the airport authorities; the GDEC shall be comprised of 

defendants such as the persons with a property interest in the World Trade Center, and 

the architects and engineers involved in the design and construction of the World Trade 

Center. The defendants anticipate that, as the litigation evolves, there may be a need to 

include additional defendants in the group of defendants represented by the ADEC and 

the GDEC to alter the membership of both the ADEC and/or the GDEC. The parties also 

recognize that the status of the Port Authority may differ in party from the status of the 

other defendants, and that ad hoc arrangement may become necessary to reflect that 

different status. 

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2. Notwithstanding the creation of the ADEC and the GDEC and the 

provision for Aviation and Ground Defendants’ Liaison Counsel, all defendants shall be 

entitled to notice and an opportunity to be heard through their counsel on all matters 

affecting them in the litigation. Additionally, defendants’ agreement to serve on the 

ADEC or the GDEC does not constitute a waiver of any defendant’s right to claim

against any party or other person, firm or entity. 

B. Privileged Communications. All communications between or among members 

of the Aviation and Ground Defendants’ Committees, Liaison Counsel, and/or any 

attorney for any defendant shall be deemed to be embraced by the attorney-client 

privilege and/or work product doctrine, if the privilege or doctrine is otherwise 

applicable, and all of said persons shall maintain the confidentiality of said 

communications.

C. Cost Sharing. Expenses incurred and legal fees generated by Aviation 

Defendants’ Liaison Counsel and the Ground Defendants’ Liaison Counsel shall be 

shared equally by all Aviation Defendants and Ground Defendants respectively. Counsel 

for the individual defendant shall notify their respective Liaison Counsel upon dismissal 

of their client from all cases consolidated under 21 MC 97 and/or 21 MC 101. 

IV. MISCELLANEOUS

A. The Aviation and Ground Defendants’ Liaison Counsel shall periodically 

notify the Plaintiffs’ Liaison Counsel of the names, addresses and telephone numbers of 

all plaintiffs’ counsel who have filed additional actions hereafter commenced in or 

transferred to this Court after receipt of service of the complaint or transfer order, except 

for actions filed by law firms having members on the Plaintiffs’ Executive Committee. 

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B. 

C. 

D. 

E. 

Service by plaintiffs on the defendants of all liability and consolidated 

pleadings, papers and documents shall be effected by service upon the Aviation and 

Ground Defendants’ Liaison Counsel, except when an Order to Show Cause is being 

served or some expedited action or relief is being sought, counsel for all defendants in the 

actions shall be served. The Aviation and Ground Defendants’ Liaison Counsel will 

thereafter circulate papers served on them via email to the Aviation and Ground 

defendants respectively. 

Service by defendants on plaintiffs of any papers shall be deemed to be 

complete for all purposes when such papers are served on Plaintiffs’ Liaison Counsel; or, 

if the papers are intended to apply only to a particular case or cases, then service by 

defendants shall be deemed to be effective and complete for all purposes when such 

papers are served on counsel of record for plaintiffs in said particular case or cases. 

In addition to serving plaintiffs in accordance with Paragraph 3, each 

defendant shall be responsible for serving all other defendants. Defendants agree to 

accept service from other defendants via email. The Aviation and Ground Defendants’ 

Liaison Counsel shall periodically provide their Aviation and Ground Defendant 

constituents with the authorized email addresses for service. 

All pleadings and other papers served by any party in 21 MC 97 and/or 21 

MC 101 shall be served upon all Liaison Counsel by electronic mail (in .pdf format) at 

the following addresses: 

• PI/WD Plaintiffs’ Liaison Counsel—mmoller@kreindler.com

• PD/BL Plaintiffs’ Liaison Counsel—rac@cliffordlaw.com; tst 

@cliffordlaw.com

• Aviation Defendants’ Liaison Counsel—dbarry@condonlaw.com

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• Ground Defendants’ Liaison Counsel—21MC101@fzw.com 

• The Court (when such service is necessary): 

wtc_letters@nysd.uscourts.gov 

F. Such electronic mail shall bear the subject header “9/11 Litigation—

Service” and shall indicate the Master Docket (21 MC 97, 21 MC 101, or both) to which 

the pleading or other paper served applies. Service by any party shall be deemed to be 

complete for all purposes if effectuated in the foregoing manner, with a courtesy hard 

copy following to all Liaison Counsel by first class mail, or overnight delivery; provided, 

however, that service of any papers served on Order to Show Cause or seeking expedited 

action or relief shall be complete only if served on counsel for all affected parties. 

G. 

H. 

Plaintiffs and defendants shall conduct consolidated discovery coordinated 

by their respective Executive Committees, and file consolidated motions, consolidated 

responses to motions, and consolidated replies, except when a motion applies only to a 

particular case or cases and does not raise issues common to other cases. 

To the extent possible, defendants likewise shall conduct consolidated 

liability discovery, and file consolidated motions (including but not limited to 

consolidated motions to dismiss), consolidated responses to motions, and consolidated 

replies, to the extent that the positions or interests of the various defendants do not 

diverge. 

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V. OTHER MATTERS

 A. Hereinafter, the parties shall serve copies of all documents filed with the 

Court or submitted to Chambers on the following: 

 1. The United States Attorney’s Offices 

 86 Chambers Street 

 New York, New York 10007 

 Attn: AUSA Beth Goldman 

 2. Beth Jacob, Esq. 

 7 World Trade Center Ground Defendants’ Liaison Counsel 

 Schiff Hardin LLP 

 623 Fifth Avenue 

 New York, New York 10022 

B. This Order is provisional, subject to review as the lawsuits progress, and 

particularly before trials of any 21 MC 97 or 21 MC 101 cases. 

 SO ORDERED 

Dated: New York, New York 

 March __, 2005 

 

 ____________//S//_____________

 ALVIN K. HELLERSTEIN 

 United States District Judge