Document QgoydNom0R3keayLobNnmXwYR

UNITED STATES DISTRICT COURT *- FILED EASTERN DISTRICT OF* VIRGINIA 5 Norfolk Division k mz i as Walter uzzle, at ol, f Plaintiffs * CLERft U.S. DISTRICT COURT * ftORFOUL VA Civil Actios Nos. 2:01cv982 --2;02cvlS38 2:0lcvl540 - 2:01cv2S9 2:0lcv2871, 2:01cv2873 OWENS-CORNINC FIBERGLASS. CORD** Z.V Defendants. 3RDJSR There are numerous motions in ibis matter that are currently before the court. Based oo ao order issued on February 8,2002 by the Honorable Alfred M. WoHn, District Judge for the United States District Court for the District ofDelaware, these morions are dismissed, and the cases are remanded to tile respective state courts from which they were removed. I- Brief Factual Background Hoaeywts 1 International Inc. (hereinafter `'Honeywell") is one of the defendants in iheac cases which involves asbestos'ieaated injuries allegedly stemming from friction produces (e.g., auiomattve brakes). In these cases, the plaintiffs allege injuries as a result ofexposure to these products, and haic sued a number of automotive xoauufbctureis, as well as other friction product i manufacturers. On October 1,200}, Federal-Mogul Global, Inc., et aL, defendants in many of these cases, friedjvchiatary petitions fbrrdicfunder Chapter 11 ofShe Bankruptcy Code in the United States District Court for the District ofDelaware. As a result, a number ofauto I maou&oturats filed notice ofremoval to that const from various state courts around the country. Following this lepd, Honaywdt began to remove its cases involving friction productions that are currently pending in state courts to the district courts in those states for easier transfer to the District Court ofDelaware. A number of other defendants now seek to remove their claims as well. n The Traijifer Orders On December 19, 2001. Judge Wotm issued an order stating that the cases involving friction products claims were to be provisionally transferred to the United States District Court for theDistrict oDoIawaro(haFeiiiafter fee-"provisional transforerde^^*--in-response to tftw* *< order* district court judges from around the countryhave ruled that they so longer have jurisdiction over the removed claims ofHoneywell, or other friction product defendants. Coe court, however, refused to stay die proceedings, holding instead that "the Provisional Transfer *i Order does not apply to transfer future removals of state cases, but duly to eases and claims !; already removedjand currently pending in federal court when it Was jealerttL" lore Removed by Honeywell fatenwrionwl Inc.. 179 F. Supp. 2d 649* 6si (S,D.W. Va, 2002). There, /i , ChiefJudge Hadcn ruled that since the transfer order was issued on December 19,2001, 't Honeywell's rets oval of a cess on December 27,2001 was not eovefedby fee provisional transfer order, W_ at 653. * However, in early January 2002, Judge Wolin issued another order clarifying the ptovisi onal transfer older (hereinafter `'clarifying order"). The purpose ofdua clarifying order was to extend the provisional transfer order to include claims feat would have been subject to fee provisional transjfer order but had not yet been removed on the date it was issued (Lef December 19,2001), This clarifying order, therefore, eliminates any confusion aa to whether ornot Honeywell's removal notice in this court is covered by the provisional transfer order. Aa a result ofthe provisional transfer order and the clarifying order, this court did not act but rather awaited final resolution by Judge Woiin, nt Tfce FiaI[Order On February S, 2002. Judge Woiin issued an Order denying the motions to transfer die friction product ciiaims to the District Court ofDelaware and remanding the claims to the state f courts where they originated- Therefore, pursuant to this Order, this court grants the plaintiffs' motion to remand, and remands the cases to the respective state courts from which they were remevadT All other pending motions- are-thereby readered'ntoot-and neod-not be addrc3scd"bythtr ' * court. It is so ORDERED. The Clerk is DIRECTED to send a copy ofthis Order to ell counsel- February ^ 2002 Norfolk, Virginia r i