Document 15mG613MLBr4ZZQXd1pwDzzva

w 044018 / /r t yj U^c. O O D ONITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PRISCILLA LEE, Personal Representative of the Estate f JERRY LEE, Deceased, plaintiff V. UNION CARBIDE CORPORATION, a FOREIGN CORPORATION, DIAMOND SHAMROCK CORPORATION, a foreign corporation, STAUFFER CHEMICAL COMPANY, a foreign corporation, TENNECO RESINS, INC., a foreign corporation, UNIROYAL, INC., a f reign corporation, ALLIED CHEMICAL CORPORATION, a foreign corporation, OCCIDENTAL CHEMICAL CORPORATION, a foreign corpora tion, FIRESTONE TIRE & RUBBER COMPANY, a foreign corporation, B. F. GOODRICH COMPANY, a foreign corporation, GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation, HON. JULIAN ABELE COOK, JR. Defendant / ORDER At a session of the United States District Court for the Eastern District of Michigan in the United States Courthouse in Detroit, Michigan on ----------- JUfj 2 6 Igifr PRESIDING: JULIA* ABBU CO..... ij). HONORABLE JULIAN ABELE COOK, JR. United States District Judge On June 6, 1985, the Defendants filed a " . . . Brief in Opposition to [the] Plaintiff's Motion for Rehearing." In es sence, they reassert all of the arguments that were set forth in their initial brief. & / ThisXlourt is of th opinion that the Plaintiff's Motion for Rehearing must be denied. Local Rule 17<k) provides as follows; Any motion . . . for rehearing . . . shall be served not later than 10 days after entry of such judgment or order. In this matter. Plaintiff filed the motions on May 23, 1985, more than ten days after the entry of the Order. Thus, this Court is without jurisdiction to evaluate the pending motion. However, even if the motion had been timely filed, the Plaintiff's request would have been denied because this Court be lieves that its earlier ruling was correct. Thus, since the Plaintiff has not complied with Local Rule 17(k)(3) in that she has failed to " . . . demonstrate a palpable defect by which the Court and the parties have been misled [or] show that a different disposition of the case must result from a correction thereof." Therefore, for these reasons. Plaintiff's Motion is denied. IT IS SO ORDERED. I occ 0440^ 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION -S t ltv?, * PRISCILLA LEE, Personal Representative of the Estate of JERRY LEE, Deceased, Plaintiff v. UNION CARBIDE CORPORATION, a FOREIGN CORPORATION, DIAMOND SHAMROCK CORPORATION, a foreign corporation, STAUFFER CHEMICAL COMPANY, a foreign corporation, TENNECO RESINS, INC., a foreign corporation, UNIROYAL, INC., a foreign corporation, ALLIED CHEMICAL CORPORATION, a foreign corporation, OCCIDENTAL CHEMICAL CORPORATION, a foreign corpora tion, FIRESTONE TIRE & RUBBER COMPANY, a foreign corporation, B. F. GOODRICH COMPANY, a foreign corporation, GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation, HON. JULIAN ABELE COOK, JR. Defendant / ORDER GRANTING DEFENDANTS* MOTION FOR SUMMARY JUDGMENT At a session of the United States District Court for the Eastern District of Michigan in the United Statest Goo ktfcoMSBCin Detroit, Michigan on v* PRESIDING: MJA.V ABilj COO , r_ HONORABLE JULIAN ABELE COOK, JR. United States District Judge r On April 18, 1985, Plaintiff, Priscilla Lee, the personal representative of the Estate of Jerry Lee (the Decedent), filed a Complaint in this Court, seeking to recover damages for the un timely demis of the Decedent from granulocytic leukemia. She U44G2: maintains that the Decedent contracted the diseas while working at the Ford Motor company Mount Clemens Vinyl Plant. Specifical ly , she asserts that the Decedent's death was caused by his expo sure to polyvinyl chloride products which the Defendants supplied to the Plant. On April 25, 1985, April 30, 1985 and May 9, 1985, the De fendants, Goodyear Tire & Rubber Company, B. F. Goodrich Company and Diamond Shamrock Corporation, respectively, filed Motions for Summary Judgment. In essence, they contend that the Plaintiff's claim is barred by the three year statute of limitations for pro duct liability actions, M.C.L.A. 5600.6805(9); M.S.A. 527a.5805 (9) . On May 22, 1985, this Court entered a summary judgment in favor of Defendants, Union Carbide Corporation, Tenneco Resins, Inc., Uniroyal, Inc., Allied Corporation, Occidental Chemical Corporation and the Firestone Tire & Rubber Company on the basis of an oral ruling which was rendered at the conclusion of a hear ing on April 18, 1985. The Court opined, inter alia, that Plain tiff's claims were barred by the three year statute of limita tions . This Court believes that the opinion, which was offered at that hearing, must control as to those litigants who are pre sently before* the Court. There are no substantive differences between the claims, defenses and/or the law which were asserted during the earlier proceeding, and the claims, defenses and/or th law that have been set forth by the parties in conjunction with the current motion. In essence, th positions of the re- 1 j 00 2 044023 spective parties in the two proceedings are the same. Thus, the Court will (1) incorporate the opinion which was stated on the record at the April 18, 1985 hearing, and (2) grant the Defen dants Motions for Summary Judgment.^ IT IS SO ORDERED. Dated: Detroit, Michigan 1/ on April 25, 1985, Goodyear Tire and Rubber Company filed a " "Motion to Amend Pleadings to Plead Affirmative Defense of Statute of Limitations." The ruling by the by the Court to day makes the consideration of this Motion unnecessary. Thus, it will not be resolved. ucc 044024 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PRISCILLA LEE, Personal Representative of the Estate of JERRY LEE, Deceased, Plaintiff, vs CASE NO.: 84 2398 UNION CARBIDE CORPORATION, a foreign corporation; DIAMOND SHAMROCK CORPORATION, a foreign corporation; STAUFFER CHEMICAL COMPANY, a foreign corporation; TENNECO RESINS, INC., a foreign corporation; UNIROYAL, INC., a foreign corporation; ALLIED CHEMICAL CORPORATION, a foreign corporation; OCCIDENTAL CHEMICAL CORPORATION, a foreign corporation; THE FIRESTONE TIRE 6 RUBBER COMPANY, a foreign corporation; THE B. F. GOODRICH COMPANY, a foreign corporation; THE GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation. HON. JULIAN A. COOK, JR. to JLZTI FILED Defendants. / NOTICE OF APPEAL TO THE COURT OF APPEALS FROM AJUDGMENT OR ORDER OF A DISTRICT COURT Notice is hereby given that PRISCILLA LEE, Personal Representative of the Estate of JERRY LEE, Deceased, Plaintiff 'N above named, hereby appeals to the United States Court of Appeals for the Sixth Circuit from the Order Granting Defendants1 Motion ucc U44` /-7 ? ;7 for Summary Judgment entered in this action on the 19th day of June 1985 and an Order denying Plaintiff's Motion for Rehearing on June 26/ 1985. BOGOS & BOGOS Attorneys for Plaintiff DATED: July 2, 1985 BY: PAUL G. BOGOS (P10944) 1315 Penobscot Building Detroit/ MI 48226 (313) 961-7970 -2- Ucc ^028 1$ Ujh 198$ M UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION i 'fr PRISCILLA LEE, Personal R preservative of the EstatSe;' of JERRY LEE, Deceased, C- . V* L Plaintiff v. 1-2398 UNION CARBIDE CORPORATION, a FOREIGN CORPORATION, DIAMOND SHAMROCK CORPORATION, a foreign corporation, STAUFFER CHEMICAL COMPANY, a foreign corporation, TENNECO RESINS, INC., a foreign corporation, UNIROYAL, INC., a foreign corporation, ALLIED CHEMICAL CORPORATION, a foreign corporation, OCCIDENTAL CHEMICAL CORPORATION, a foreign corpora tion, FIRESTONE TIRE 6 RUBBER COMPANY, a foreign corporation, B. F. GOODRICH COMPANY, a foreign corporation, GOODYEAR TIRE k RUBBER COMPANY, a foreign corporation. HON. JULIAN ABELE COOK, JR. Defendant / ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT At a session of the United States District Court for the Eastern District of Michigan in the United Statesjg^njt^o^g^in Detroit, PRESIDING: MUM ABELE COOK HONORABLE JULIAN ABELE COOK, JR. United States District Judge c l On April 18, 1985, Plaintiff, Priscilla Lee, the p*rao^l| representative of the Estate of Jerry Lee (the Decedent)-? filed a Complaint in this Court, seeking to recov r damages for th un timely demise of the Dec dent from granulocytic leuk mia. She ucc 044029 maintains that the Decedent contracted the disease while working at the Ford Motor Company Mount Clemens Vinyl Plant. Specifical ly, she asserts that the Decedent's death was caused by his exposur to polyvinyl chloride products which the Defendants supplied to the Plant. On April 25, 1985, April 30, 1985 and May 9, 1985, the De fendants, Goodyear Tire & Rubber Company, B. F. Goodrich Company and Diamond Shamrock Corporation, respectively, filed Motions for Summary Judgment. In essence, they contend that the Plaintiff's claim is barred by the three year statute of limitations for pro duct liability actions, M.C.L.A. $600.6805(9); M.S.A. 527a.5805 (9). On May 22, 1985, this Court entered a summary judgment in favor of Defendants, Union Carbide Corporation, Tenneco Resins, Inc., Uniroyal, Inc., Allied Corporation, Occidental Chemical Corporation and the Firestone Tire & Rubber Company on the basis of an oral ruling which was rendered at the conclusion of a hear ing on April 18, 1985. The Court opined, inter alia, that plain tiff's claims were barred by the three year statute of limita tions. This Court believes that the opinion, which was offered at that hearing, must control as to those litigants who are pre sently before the Court. There are no substantive differences between the claims, defenses and/or the law which were asserted during the earlier proceeding, and the claims, defenses and/or th law that have been set forth by the parties in conjunction with the current motion. In essence, the positions of the re- -2 - ucc 0440 spective parties in th two proceedings are the same. Thus, the Court will (1) incorporate the opinion which was stated on the record at the April 18, 1985 hearing, and (2) grant the Defen dants' Motions for Summary Judgment.1 IT IS SO ORDERED. Dated: Detro1 i.t, M1ic" hiIgan 1/ On April 25, 1985, Goodyear Tire and Rubber Company filed a "Motion to Amend Pleadings to Plead Affirmative Defense of Statute of Limtations." The ruling by the Court to day makes the consideration of this Motion unnecessary. Thus, it will not be resolved. ucc 044031 -3