Our plain-English summary of Jack v. Asbestos Corporation Ltd. (U.S. District Court, Western District of Washington, April 19, 2018).
Leslie Jack, individually and as personal representative of Patrick Jack, and David Jack sued M.W. Custom Papers, LLC and other defendants in federal court in Seattle. They allege that exposure to asbestos caused Patrick Jack's death from mesothelioma. The order does not describe where or how he was exposed. The only question was a scheduling one. M.W. Custom Papers asked to push back its deadline to disclose expert testimony from its radiologist, Dr. David Godwin, by two weeks. The company said it had not been able to get Mr. Jack's radiology films for the doctor to review, despite repeated and expedited requests to the records service. Plaintiffs did not oppose the request and took no position on the reasons given. The court approved the stipulation and moved the deadline from April 18, 2018 to May 2, 2018. The order decided nothing about liability or the merits.
We wrote this summary from the court's opinion with the help of AI. It is not the court's wording, and it is not legal advice. The full opinion is below.
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The decision
- Court: U.S. District Court, Western District of Washington
- Decided: April 19, 2018
- Docket: No. 2:17-cv-00537-JLR
- Stage: Discovery or evidence ruling
- State: Washington
Outcome. The court approved the parties' stipulation and extended defendant M.W. Custom Papers' expert disclosure deadline for Dr. Godwin from April 18, 2018 to May 2, 2018.
Issues decided: Trial Procedure and Discovery.
The people and their exposure
- Patrick Jack: mesothelioma; died
The defendants
- M.W. Custom Papers, LLC
- Asbestos Corporation Ltd.
The court's opinion
The text below is Google Scholar's copy of the court's opinion, a public record. Numbers in brackets, such as [*921], mark where each page of the printed reporter begins.
LESLIE JACK, individually and as Personal Representative of PATRICK JACK; DAVID JACK,
individually, Plaintiffs,
v.
ASBESTOS CORPORATION LTD., etal., Defendants.
No. 2:17-cv-00537-JLR.
April 19, 2018.
United States District Court, W.D. Washington, Seattle.
Leslie Jack, individually and as Personal Representative of PATRICK JACK & David Jack, individually, Plaintiffs, represented by Benjamin H. Adams, DEAN OMAR & BRANHAM, LLP, pro hac vice, Charles W. Branham, III, DEAN OMAR & BRANHAM, LLP, pro hac vice, Kristin M. Houser, SCHROETER GOLDMARK & BENDER, Lisa W. Shirley, DEAN OMAR BRANHAM, LLP, pro hac vice, Lucas W.H. Garrett, SCHROETER GOLDMARK & BENDER, William Joel Rutzick, SCHROETER GOLDMARK & BENDER & Thomas J. Breen, SCHROETER GOLDMARK & BENDER.
Asbestos Corporation Ltd, Ingersoll Rand Company & Velan Valve Corporation, Defendants, represented by Kevin J. Craig, GORDON REES SCULLY MANSUKHANI LLP, Mark B. Tuvim, GORDON & REES & Trevor J. Mohr, GORDON REES
SCULLY MANSUKHANI LLP.
Air & Liquid Systems Corporation, individually and as successor-in-interest to Buffalo Pumps, Defendant, represented by Barry Neal Mesher.
Armstrong International Inc, Defendant, represented by Bennett J. Hansen, PREG O'DONNELL & GILLETT, PLLC, David E. Chawes, PREG O'DONNELL & GILLETT, PLLC & William E. Fitzharris, Jr., PREG O'DONNELL & GILLETT, PLLC. Borg-Warner Morse Tec LLC, sued individually and as successor-in-interest to Borg-Warner Corporation & John Crane Inc, Defendants, represented by Michael J. Madderra, SELMAN BRIETMAN LLP & Richard D. Ross, SELLMAN BRIETMAN LLP.
Carrier Corporation, Defendant, represented by Nicole R. MacKenzie, WILLIAMS KASTNER & Ryan W. Vollans, WILLIAMS KASTNER.
CBS Corporation, sued as successor-by-merger to CBS Corporation f/k/a Westinghouse Electric Corporation and successor-in-interest to BF Sturtevant & Foster Wheeler Energy Corporation, Defendants, represented by Brian D. Zeringer, SEDGWICK LLP, Christopher S. Marks, TANENBAUM KEALE LLP & Erin P. Fraser, TANENBAUM KEALE LLP.
Crane Co, Defendant, represented by Ryan J. Groshong, K&L GATES LLP & G. William Shaw, K&L GATES LLP. Crosby Valve Inc, Defendant, represented by John G. Goller, VON BRIESEN & ROPER & Ronald C. Gardner, GARDNER TRABOLSI & ASSOC. PLLC.
Flowserve US Inc, Defendant, represented by Marc Marshall Carlton, LEWIS BRISBOIS BISGAARD & SMITH LLP & Randy J. Aliment, LEWIS BRISBOIS BISGAARD & SMITH LLP.
Ford Motor Company, Defendant, represented by Mark J. Fucile, FUCILE & REISING.
Gardner-Denver Inc, Defendant, represented by Claude Bosworth, RIZZO MATTINGLY BOSWORTH PC.
General Electric Company, Defendant, represented by Christopher S. Marks, TANENBAUM KEALE LLP & Erin P. Fraser, TANENBAUM KEALE LLP.
Goulds Pumps Inc & Viad Corporation, formerly known as The Dail Corporation, Defendants, represented by Ronald C. Gardner, GARDNER TRABOLSI & ASSOC. PLLC.
Honeywell International Inc, sued as successor-in-interest to Bendix Corporation, Defendant, represented by Kristine E. Kruger, PERKINS COIE & Mary P. Gaston, PERKINS COIE.
IMO Industries Inc, individually and as successor in interest to IMO Delaval, Defendant, represented by James Edward Horne, GORDON THOMAS HONEYWELL & Michael Edward Ricketts, GORDON THOMAS HONEYWELL.
Kelsey-Hayes Company, sued individually and as successor-in-interest to Fruehauf Trailer & MeadWestvaco Corporation, formerly known as Westvaco, Defendants, represented by Michael Mackenzie Brown, BULLIVANT HOUSER BAILEY, Katherine M. Steele, BULLIVANT HOUSER BAILEY & Rachel Tallon Reynolds, BULLIVANT HOUSER BAILEY.
Metropolitan Life Insurance Company, a wholly-owned subsidiary of Metlife Inc, Defendant, represented by Richard G. Gawlowski, WILSON SMITH COCHRAN & DICKERSON.
The Nash Engineering Company & Weir Valves & Controls USA Inc, individually and as successor in interest to Atwood & Morrill Co Inc, Defendants, represented by Dana C. Kopij, WILLIAMS KASTNER.
Pneumo Abex LLC, successor to Abex Corporation & Dana Companies, LLC, sued as successor in interest to Victor Gasket Manufacturing Company, formerly known as f/k/a Dana Corporation, Defendants, represented by Diane J. Kero, GORDON THOMAS HONEYWELL.
Union Pacific Railroad Company, Defendant, represented by Ryan T. Moore, BERKES CRANE ROBINSON & SEAL, pro hac vice, Viiu Spangler Khare, BERKES CRANE ROBINSON & SEAL, pro hac vice, Andrew Gordon Yates, LANE POWELL PC, Jeffrey M. Odom, LANE POWELL PC & Tim D. Wackerbarth, LANE POWELL PC.
Warren Pumps LLC, Defendant, represented by Allen Eraut, RIZZO MATTINGLY BOSWORTH PC.
The William Powell Company, Defendant, represented by Brian Bernard Smith, FOLEY & MANSFIELD & James D. Hicks, FOLEY & MANSFIELD.
STIPULATION AND PROPOSED ORDER EXTENDING EXPERT DISCLOSURE
DEADLINE FOR DR. GODWIN REPORT
JAMES L. ROBART, District Judge.
Defendant M.W. Custom Papers, LLC requests, and Plaintiffs do not oppose, extending the deadline for Disclosure of Expert Testimony under FRCP 26(a)(2) with respect to Defendant's expert, Dr. David Godwin, by two weeks — from the current deadline of April 18, 2018 to May 2, 2018.
Plaintiffs bring this action against MWCP and others alleging that exposure to asbestos caused the death of Patrick Jack ("Mr. Jack"), due to mesothelioma.
Dr. Godwin is a board certified radiologist and a certified B-reader. Dr. Godwin is expected to testify as to radiologic methods and techniques of diagnosis, which may include chest X-rays, CT scans, thin slice CT scans and ventilation perfusion scans. Dr. Godwin may testify as to his interpretation of the abnormalities, if any, found in radiologic studies of Mr. Jack. Despite diligent efforts, including repeated follow up and requests to expedite, MWCP has been unable to obtain Mr. Jack's radiology for Dr. Godwin's review. Plaintiffs' counsel provided releases for medical records on March 13, 2018, designating Written Deposition Services, Inc. as the records service. Bullivant Houser Bailey requested records through Written Deposition Services on March 14, 2018. On April 4, 2018, Bullivant expedited the request and has since followed up repeatedly. Bullivant is told that films from at least one provider are now on the way.
Plaintiffs do not take a position on the foregoing, but do not oppose this extension.
STIPULATION
Plaintiffs and defendant M.W. Custom Papers, LLC, by and through their respective counsel of record, hereby stipulate and agree that the deadline for Disclosure of Expert Testimony under FRCP 26(a)(2) with respect to Defendants' expert, Dr.
Godwin, may be extended two weeks from the current deadline of April 18, 2018 to May 2, 2018.
ORDER EXTENDING EXPERT DISCLOSURE DEADLINE
The Court having considered the Stipulation by the Plaintiffs and defendant M.W. Custom Papers, LLC, and being fully advised in the premises, now, therefore hereby ORDERS that the deadline for Disclosure of Expert Testimony under FRCP 26(a)(2) with respect to Defendant's expert, Dr. Godwin, is extended two weeks from the current deadline of April 18, 2018, to May 2, 2018.
Sources
How to cite it
Cite the decision
Jack v. Asbestos Corporation Ltd., No. No. 2:17-cv-00537-JLR (U.S. District Court, Western District of Washington April 19, 2018).
Cite our summary
“Summary of Jack v. Asbestos Corporation Ltd.” AsbestosClaims.Law Library. https://asbestosclaims.law/library/cases/jack-v-asbestos-corporation-ltd-2018.
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