FILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
`FILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
`NYSCEF DOC. NO. 181
`NYSCEF DOC. NO. 181
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`INDEX NO. EFCA2022-000636
`INDEX NO. EFCA2022-000636
`RECEIVED NYSCEF: 11/23/2022
`RECEIVED NYSCEF: 11/23/2022
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`EXHIBIT C
`EXHIBIT C
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`FILED: ONEIDA COUNTY CLERK 05/03/2022 12:33 PMFILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
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`NYSCEF DOC. NO. 36NYSCEF DOC. NO. 181
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`
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`INDEX NO. EFCA2022-000636INDEX NO. EFCA2022-000636
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`RECEIVED NYSCEF: 05/03/2022RECEIVED NYSCEF: 11/23/2022
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`At a Term of the Supreme Court
`held for the County of Oneida, at
`the Oneida County Courthouse,
`Utica, NY, on the 21st day of
`April 2022.
`
`Hon. Erin P. Gall, Presiding
`
`SUPREME COURT OF THE STATE OF NEW YORK
`FIFTH JUDICIAL DISTRICT
`
`In Re Fifth Judicial District (Oneida County)
`Asbestos Litigation
`
`This Document Applies to:
`
`JULIEN POMERLEAU,
`
`VS.
`
`Plaintiff, (cid:9)
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`Index No. EFCA2022-000636
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`SCHEDULING ORDER
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`All ACQUISITION CORPORATION, LLC,
`Individually and as Successor-in-Interest to Athlone
`Industries, Inc. and Holland Furnace Company, et al.,
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`Defendants.
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`Pursuant to 22 NYCRR 202.12, a schedule for the completion of discovery in this action
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`having been made by the Court, it is hereby
`
`ORDERED, the following discovery deadlines are in effect in the above-captioned
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`asbestos case:
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`1 of 5
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`FILED: ONEIDA COUNTY CLERK 05/03/2022 12:33 PMFILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
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`NYSCEF DOC. NO. 36NYSCEF DOC. NO. 181
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`
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`INDEX NO. EFCA2022-000636INDEX NO. EFCA2022-000636
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`RECEIVED NYSCEF: 05/03/2022RECEIVED NYSCEF: 11/23/2022
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`DATE (cid:9)
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`EVENT
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`May 27, 2022
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`June 10, 2022
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`June 17, 2022
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`June 24, 2022
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`July 14,2022
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`Plaintiff to serve on Defendants or Defendants' record retrieval
`service, written authorizations for all medical personnel, union
`earnings, social security and tax documents; Plaintiff to provide
`Defendants' record retrieval service with copies of the above
`documents in their possession; Plaintiff to serve Proof of Claim
`information on Defendants to the extent any Proofs of Claim have
`been previously filed, or provide within thirty (30) days of the
`filing of Claims after this date; Plaintiff to serve product
`' identification interrogatories and document requests upon
`Defendants.
`
`Plaintiff to serve Responses to Defendants' First Set of
`Interrogatories and Request for Production of Documents. See
`3rdit4th15thi6th
`JDAL CM0 VII(A)(2).
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`Plaintiff to provide to defense liaison counsel all original
`medical materials, including radiology and pathology.
`
`Plaintiff to identify, by name, any non-party product
`identification or exposure witnesses, including co-workers,
`upon which Plaintiffs intend to rely to establish Plaintiffs
`alleged exposure to asbestos containing product(s).
`
`Status conference to be held at Oneida County Courthouse,
`200 Elizabeth Street, 2" Floor, Utica, New York at 11:00
`A.M.
`
`July 15, 2022
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`Plaintiff's discovery and video depositions to be conducted by
`this date.
`
`September 1, 2022
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`September 8, 2022
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`September 22, 2022
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`September 22, 2022
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`Plaintiffs co-worker/fact witness depositions to be conducted
`by this date.
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`Last day for Plaintiff to serve witness list, exhibit list, and
`expert witness reports.
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`Plaintiff's product identification discovery to be disclosed and
`completed. Plaintiff to file Trial Note of Issue. Discovery may
`continue by all parties past the Note of Issue filing date;
`however, Plaintiff's product identification discovery may not be
`disclosed after the Note of Issue unless on stipulation by all
`parties or motion for good cause shown.
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`Impleader shall be completed by this date. Last day to amend
`the Complaint and/or Answer to add new parties without
`motion and leave of the Court.
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`2
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`2 of 5
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`

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`FILED: ONEIDA COUNTY CLERK 05/03/2022 12:33 PMFILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
`
`NYSCEF DOC. NO. 36NYSCEF DOC. NO. 181
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`
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`INDEX NO. EFCA2022-000636INDEX NO. EFCA2022-000636
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`RECEIVED NYSCEF: 05/03/2022RECEIVED NYSCEF: 11/23/2022
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`DATE (cid:9)
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`EVENT
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`No Less Than 60 Days (cid:9)
`After Service (cid:9)
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`Defendants to respond to Plaintiffs' First Standard Set of
`Liability Interrogatories and Request for Production of
`Documents. See 3rd14th15thi6th /nth JDAL CMO VII(A)(2)(c).
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`September 29, 2022 (cid:9)
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`Defendants may serve on Plaintiff demands for product or
`contractor identification with request for short-form summary
`judgment motion. See 3 rdiztth/5 thi6th f.-7th
`ti JDAL CMO XII(B)(2).
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`October 20, 2022
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`Plaintiff shall respond to Defendants' demands for product or
`contractor identification with request for short-form summary
`judgment motion. If Plaintiff consents, a Defendant may file,
`on notice to all parties, a short-form motion for summary
`judgment (no-opposition summary judgment motion),
`returnable on a designated motion calendar date of the Court.
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`October 20, 2022
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`Status conference to be held at Oneida County Courthouse,
`200 Elizabeth Street, 2" Floor, Utica, New York at 11:00
`A.M.
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`November 17, 2022 (cid:9)
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`Plaintiff to serve settlement demands.
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`December 15, 2022
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`January 5, 2023
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`January 12, 2023
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`January 19, 2023
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`March 16, 2023
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`Deadline for all parties to file summary judgment motions
`(excluding no-opposition summary judgment motions, which
`may be filed at any time). Working copies must be sent to the
`Court Chambers at Oneida County Supreme Court.
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`Answering papers to dispositive motions to be filed.
`Working copies must be sent to the Court Chambers at Oneida
`County Supreme Court.
`
`Reply papers to dispositive motions to be filed. Working copies
`must be sent to the Court Chambers at Oneida County Supreme
`Court.
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`Status conference to be held at Oneida County Courthouse,
`200 Elizabeth Street, 2" Floor, Utica, New York at 11:00
`A.M. Oral argument on opposed motions for summary
`judgment to be held at 1:30 P.M.
`
`Status conference and initial settlement conference to be
`held at Oneida County Courthouse, 200 Elizabeth Street,
`2" Floor, Utica, New York at 11:00 A.M. All counsel must
`have settlement authority on behalf of their respective clients,
`or a good-faith no-pay position.
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`3
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`3 of 5
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`FILED: ONEIDA COUNTY CLERK 05/03/2022 12:33 PMFILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
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`NYSCEF DOC. NO. 36NYSCEF DOC. NO. 181
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`
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`INDEX NO. EFCA2022-000636INDEX NO. EFCA2022-000636
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`
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`RECEIVED NYSCEF: 05/03/2022RECEIVED NYSCEF: 11/23/2022
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`DATE (cid:9)
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`EVENT
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`March 21, 2023 (cid:9)
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`March 28, 2023 (cid:9)
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`April 6, 2023
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`April 10, 2023
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`Last day for Defendants to serve fact witness lists, exhibit lists
`and expert reports or CPLR 3101(d) disclosures.
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`All motions in limine are to be filed in Omnibus form, on
`Notice of Motion. Courtesy copies of motions must be received
`by the Court no later than this date. Oral argument on the
`motions in limine will be heard the date of jury selection, unless
`otherwise scheduled by the Court.
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`Counsel for Plaintiff is to provide the Court with an ex pane
`Confidential Settlement Memorandum containing: (1) the name
`of the managing settlement attorney for the file;
`(2) a description of the Plaintiff, including the exposure
`claimed, the date of diagnosis, the date of passing (if
`applicable) and the asbestos-related diagnosis; (3) a list of
`remaining Defendants; (4) the amount of each demand, and the
`identity of the primary target Defendant(s); and (5) and the
`factual predicate for liability for each remaining Defendant.
`
`Counsel for each remaining Defendant is to provide the Court
`with an ex parte Confidential Settlement Memorandum
`consisting of: (1) the settlement history involving similar
`claimants including, where applicable, with this specific
`Plaintiffs counsel; (2) the amount offered for settlement;
`and (3) the factual predicate of each claimed defense.
`Any Defendant intending to assert a good-faith, no-pay position
`at the Conference shall advise the Court and detail the merits
`supporting that position.
`
`These memoranda are for in-camera ex pane review by the
`Court only and should be sent to the attention of Chelsea
`Scaramuzzino at cscaramu • nycourts.gov.
`
`Final pre-trial settlement conference to be held at Oneida
`County Courthouse, 200 Elizabeth Street, 2" Floor, Utica,
`New York at 11:00 A.M. All counsel must have settlement
`authority on behalf of their respective clients, or a good-faith
`no-pay position. The managing settlement attorney responsible
`for Plaintiff and each remaining Defendant must appear
`personally except upon good cause.
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`4
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`4 of 5
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`FILED: ONEIDA COUNTY CLERK 05/03/2022 12:33 PMFILED: ONEIDA COUNTY CLERK 11/23/2022 01:44 PM
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`NYSCEF DOC. NO. 36NYSCEF DOC. NO. 181
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`INDEX NO. EFCA2022-000636INDEX NO. EFCA2022-000636
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`RECEIVED NYSCEF: 05/03/2022RECEIVED NYSCEF: 11/23/2022
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`DATE
`
`EVENT
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`April 11,2023
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`April 18, 2023
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`April 21, 2023
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`Opposition to motions in limine to be filed. Working copies
`must be sent to the Court Chambers at Oneida County Supreme
`Court.
`
`Reply papers to motions in limine to be filed. Working copies
`must be sent to the Court Chambers at Oneida County Supreme
`Court.
`
`Deadline to submit proposed jury charges and special verdict
`sheets to Chambers to the attention of Chelsea Scaramuzzino at
`cscaramu@nycourts.gov. Proposed jury charges must include
`the PJI section number and title of the charge. If a deviation
`from the language in the HI is sought, counsel must provide
`the text of the proposed charge, with citations to relevant legal
`authority.
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`April 25, 2023 (cid:9)
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`Jury Selection to be held at the Oneida County Courthouse,
`200 Elizabeth Street, Utica, NY at 9:30 A.M.
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`Dated: Utica, NY
`May 3'0 ,2022
`
`ENTER
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`?AL.( -7
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`HON. ERIN P. GALL,
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`5
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`5 of 5
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