Document KR9pZb2mv8K2x9RMY1DpEqrox

FRED E FULLER II90I I8BH LESLIE HENRY DONALD M HAWKINS THOMAS L. OALRYMRLE JAMEST S UTHARO* jOhn f McCarthy Richard s rarer CHARLES R. LEECH. JR RAYMOND O ESCH, J" C. RANDOLRH LIGHT JAMES M. MORTON. JR J HN W HILRERT. n KENNETH E ARMSTRONG LOUIS E TOSI Sterhen j Stanford RAY A FARRIS FRED J LANOE. JR THOMAS M GEORGE JOHN J. MCHUGH. IS OIANE E. SERRY CRAIG J. VAN HORSTE#N STERHEN S. HOSIER THOMAS S. ZAREMSA* JAMES W SAEMREN WILLIAM L- RATRERG JOHN J. SICILIANO RORERT A. RUHOA* Fuller & Henry 1200 EDISON PLAZA P. O. BOX 2086 TOLEDO, OHIO 43603 tdll 255 0220 AUG 2-6885 tUEBWt August 21, 1985 ROBERT w. CABANSKl REGINA M JOSEPH MARTIN J WITHtRCLL DOUGLASC MAYNAM* Glennl rambo MARY ANN WHIPPLE* MARK P BRAJSNCR BRUCE & SCHOENBERGER ROBERT J MARTINEAU. JR. PAUL S. CORBEL SUE A S'KKCMA OAVID R BAINBRIDGC LINDA K SHINKLE DWIGHT H MOREHEAD THEODORE R VOGT* COUNSEL * AcSO ADMITTED IN MICHIGAN John Endicott, Esq. Diamond Shamrock Chemicals Co. 1351 Philips Court Irving, Texas 75015-2300 Harold J. Fast, Esq. Senior Corporate Counsel and Assistant Secretary The BFGoodrich Company 500 South Main Street Akron, Ohio 44318 Eugene P. Feit, Esq. Uniroyal, Inc. World Headquarters Middlebury, Connecticut 06749 Martha J. Friar, Esq. Law Department E-3 Union Carbide Corporation Old Ridgebury Road, Sec. C-2 Danbury, Connecticut 06817 James Rigrish, Esq. The Goodyear Tire & Rubber Company 1144 East Market Street Akron, Ohio 44305 Robert M. Walter, Esq. Firestone Tire & Rubber Company 1200 Firestone Parkway Akron, Ohio 44310 Re: Herman A. Dendinger, et al. v. Chrysler Plastic Products Corporation, et al.; United States District Court No. C84-7854 Gentlemen and Miss Friar: On Monday, August 19, 1985, Judge John W. Potter conducted yet another perfunctory pretrial conference in the captioned matter. For the first time, counsel for all named parties defendant were present, but plaintiffs' counsel served notice by hand delivery of a motion for substitution, a copy of which is enclosed, that five additional parties would be named as defendants in the action. By filing the motion for substitution, plaintiffs' counsel hopes to indicate the identity of the five polyvinyl chloride resin manufacturers identified in the first amended complaint as John Doe, Inc. I-V. Of course, the motion for substitution will rise or fall upon the court's ruling on the motion to strike the first amended complaint, and the correspond ing motion for leave to file the first amended complaint. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" l Fuller & Henry TOLEDO, OHIO 43603 John Endicott, Esq. Harold J. Fast, Esq. Eugene P. Feit, Esq. Martha J. Friar, Esq. James Rigrish, Esq. Robert M. Walter, Esq. August 21, 1985 Page 2 Judge Potter was under the erroneous impression that there was further briefing to be conducted with respect to thos motions. Having learned that the matter was decisional, he indicated that he would review the matter, and decide it promptly. Depending upon the the outcome of the ruling, he would ither set the matter for further pretrial conference if he decided to retain jurisdiction, or would dismiss the entire case if he decided that the filing of the amended complaint was appropriate, since diversity jurisdiction would no longer exist. I expect that we might anticipate receiving a ruling within three to five weeks, and will forward any ruling to you as soon as it is received. As Lou Tosi indicated to you in his correspondence of August 6, 1985, we have fourteen days from the entry of the ruling within which to file a responsive pleading. Should you have any questions, please do not hesitate to call. JJMirlm enc. 3861-1 cc: Louis E. Tosi, Esq. Mr. Prentice Hapgood (Ref: 048 L 72468) (with enc.) Mr. J. Fred Turner (Ref: 048 L 72468) (with enc.) Miss Pamela E. Thornton (with enc.) Mr. Nelson R. Goodrich (Ref; 875ERB201697H) (with enc.) Mr. R..E. Wildey (Ref: 555 QN 115219-Z) (with enc.) Mr. Robert D. Luss (with enc.) privileged and "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC Qg2672