The opinion of the court was delivered by: Paul L. Friedman United States District Judge
The Court has before it (1) plaintiffs' motion regarding claims filed by 1,131 claimants, for which it set a hearing for June 5, 2000, and (2) plaintiffs' motion requesting that two other categories of claimants (consisting of groups of 1,143 and 940 claimants) be considered by the Court at the June 5 hearing.
After receiving telephone calls from class counsel and defendant's counsel indicating that the parties were likely to reach an agreement with respect to all three groups of claimants and that a hearing no longer would be needed, the Court stayed briefing on both motions. On June 2, the last business day before the scheduled hearing, the parties called to inform the Court that a compromise had not yet been reached, that it likely would not be reached before the scheduled hearing, and that briefing on the two motions could not be completed before the hearing. Upon consideration of the foregoing and representations made by class counsel and defendant's counsel in several phone calls to chambers, it is hereby
ORDERED that the June 5, 2000, hearing on plaintiffs' motion regarding claims filed by 1,131 claimants (and potentially on plaintiffs' motion regarding claims filed by groups of 1,143 and 940 plaintiffs) is CANCELED nunc pro tunc; it is
FURTHER ORDERED that the hearing is now scheduled for June 9, 2000, at 2:00 p.m.; it is
FURTHER ORDERED that defendant shall file and hand-deliver a copy to Chambers and to class counsel a consolidated response to both of plaintiffs' motions by 1:00 p.m. on June 8, 2000; plaintiffs' reply, if any, shall be filed and hand-delivered to Chambers and defendant's counsel by 10:00 a.m. on June 9, 2000; and it is
FURTHER ORDERED that if the parties reach an agreement regarding plaintiffs' motions that obviates the need for the hearing, a joint motion or stipulation shall be filed to such effect at least 24 hours before the scheduled hearing.
Copies to: Michael Sitcov, Esq. U.S. Department of Justice, Civil Division P.O. Box 883, Room 1022 Washington, DC 20044 Fax: 202-616-8470 Alexander J. Pires, Jr., Esq. Conlon, Frantz, Phelan & Pires, LLP 1818 N Street, NW, Suite 700 Washington, DC 20036 Fax: 202-331-9306 Michael Lewis, Esq.
ADR Associates 1666 Connecticut Avenue, NW Washington, DC 20009 Fax: 202-328-9162 Randi Ilyse Roth, Esq.
46 East Fourth Street, Suite 1301 Saint Paul, Minnesota 55101 Fax: 651-223-5335