THE COURTS
WASHINGTON COUNTY
Local Rules L-810(m)—Washington County Civil Litigation Mediation Program, L-1041.1—Asbestos Litigation, L-1042.1—Professional Liability Mediation; No. 2010-1
[40 Pa.B. 4251]
[Saturday, July 31, 2010]
Order And Now, this 16th day of July, 2010; It Is Hereby Ordered that the above-stated Washington County Local Civil Rules be adopted as follows.
These rules will become effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
President JudgeAddition to L-810.
(m) Notwithstanding the preceding subsections and L-1042.1—1042.20, the Court may in its discretion set a civil case for an alternative dispute resolution (''ADR'') before a private mediator. The method of selection of the private mediator shall be in the discretion of the Court. All parties shall bear equally the costs of any Court-ordered private mediation; provided, however, that the Court will take appropriate steps to assure that no referral to ADR results in an unfair or unreasonable economic burden on any party.
Note: When selecting a case for ADR before a private mediator, the Court should consider various criteria, including the nature of the claims involved and their complexity, whether any of the litigants is pro se, the potential for a successful resolution, and the interests of justice.
(1) The method of ADR shall be addressed to the discretion of the private mediator.
(2) The fact that a case is selected for ADR shall not delay the scheduled trial of a case.
(3) Nothing in this rule shall prevent the parties from voluntarily engaging in ADR before a private mediator on their own initiative.
Explanatory Comment This local rule reflects the strong judicial policy in favor of parties voluntarily settling lawsuits expressed by the Supreme Court of Pennsylvania in Rothman v. Fillette, 469 A.2d 543 (Pa. 1983). The use of Court-directed ADR processes reduce the expense of litigation and often times leads to a quicker and more satisfying alternative when compared to continuing on a more traditional path of litigation. An ancillary benefit to ADR is the potential of reducing the burden on the finite resources of the Court.
Rule L-1041.1. Asbestos Litigation.
(1) Upon filing of a case in asbestos, the Prothonotary shall assign the case to the judge designated by Administrative Order, who shall preside over all proceedings relating to the case. The Prothonotary shall immediately notify the Court Administrator of the filing of an action in asbestos.
(2) All pleadings and proposed orders shall include a caption as follows:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION—ASBESTOS(3) In all asbestos cases, the course of litigation shall be governed by the terms set forth in a case management order (''CMO'').
(a) Any party may present a CMO to the Court for approval within sixty (60) days of the filing of the complaint pursuant to L-200.5. The proposed CMO shall set forth the actual dates on which each stage of the litigation must be completed.
(4) In the absence of a CMO approved by the Court within sixty (60) days from the filing of the complaint, the Court shall enter the following CMO:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION—ASBESTOS
Plaintiff(s) ) ) vs.
) No. ) Defendants. )
CASE MANAGEMENT ORDER AND NOW, this __ day of _____ , 2______ , it is hereby ORDERED, ADJUDGED, and DECREED that:
1. This Case Management Order (''CMO'') shall govern the litigation in the above-captioned matter.
2. Plaintiff's Answers to Standard Short Form Interrogatories shall be served on all defense counsel within six (6) months of the date of the filing of the complaint.
3. The parties shall disclose all known fact witnesses within (8) months of the date of the filing of the complaint.
4. Discovery shall be completed within fourteen (14) months of the date of the filing of the complaint.
5. All Motions for Summary Judgment shall be filed within (16) months of the filing of the complaint.
6. Responses to the Motions for Summary Judgment shall be filed within seventeen (17) months of the filing of the complaint.
7. After the responses to the Motions for Summary Judgment have been filed, any party may present a motion for argument date. Arguments for all Motions for Summary Judgment shall be heard on the same day.
8. Plaintiff shall file a pre-trial statement within twenty-one (21) months of the date of the filing of the complaint.
9. Defendant(s) shall file a pre-trial statement within thirty (30) days of the filing of Plaintiff's pre-trial statement.
10. The pre-trial statements shall contain a narrative statement, a list of any expert witnesses intended to be called at trial, all expert reports, and an assessment of damages. The pre-trial statement shall also include any presently known motions in limine and any legal research, memorandum, or brief in support thereof. Failure to file a motion in limine shall bar a future filing, unless said motion could not be anticipated prior to the filing of the pre-trial statement.
11. This CMO may be modified by agreement of all parties, subject to Court approval, or upon motion of any party for good cause shown.
BY THE COURT:
_________________
ASSIGNED JUDGE
(4) Upon the filing of pre-trial statements by all active parties, the Court Administrator shall place the case on the trial list of the assigned judge.
Note: This rule abolishes the Certificate of Readiness procedure embodied in L-212.1 for asbestos cases unless otherwise specified in a joint proposed CMO which is approved by the Court.
(5) Within sixty (60) days of the filing of the complaint, defendants shall select an attorney from one of their number to act as lead defense counsel. Lead defense counsel shall promptly file a notice of his or her selection with the Prothonotary.
(a) In the event lead defense counsel ceases to act in that capacity, the defendants shall select a replacement within thirty (30) days. Replacement lead counsel shall promptly file a notice of his or her selection with the Prothonotary.
(6) It is the responsibility of the moving party to file all original Orders with the Prothonotary. Further, the moving party shall serve copies of all Orders upon all counsel of record and any pro se litigant. If the Court serves copies of any Order, such service shall be made to counsel for the plaintiff and lead counsel for the defendants, who shall be responsible for providing service upon all counsel of record and any pro se litigant.
PROFESSIONAL LIABILITY MEDIATION 1042.1 Scope.
These rules shall govern mediation in all professional liability cases before the Court.
1042.12 Selection of cases for mediation.
a. Upon placement on trial list pursuant to Local Rule 212 either party may petition the court to refer a case to mediation.
(1) The Court may also at its discretion refer a case to mediation once it is placed on the trial list.
(2) The Court shall consider the objection from any party that has not consented to settlement. The Court shall consider the objection of any party that has not consented to settlement provided that such lack of consent shall not prevent the referral of the case to mediation.
b. This rule shall not pertain to any case involving a pro se litigant.
1042.13 Selection of mediator.
a. The Court Administrator shall maintain a list of no less than three (3) mediators to be selected by the President Judge.
b. The Court shall select the mediator.
c. Unless otherwise agreed, the mediator shall be disqualified if:
(1) The mediator has personal knowledge of disputed evidentiary facts related to the mediation;
(2) The mediator or any attorney with whom the mediator practiced law served as an attorney for the matter in controversy;
(3) The mediator, or anyone with whom the mediator has a close business or familial relationship, has an economic interest in the matter in controversy.
d. The mediator shall disclose any past or present affiliations with any and all parties, including the insurance carriers and/or the M-Care Fund.
1042.14 Compensation.
The fee of mediator shall be affixed by the Court. The parties shall bear the costs evenly, unless agreed otherwise by the parties. Mediator shall submit a bill to the parties for time and expenses. Failure to remit payment within twenty (20) days after receipt may result in a rule to show cause why sanctions shall not be imposed.
1042.15 Submissions to mediator.
Before the first mediation session, the mediator may require the parties to provide to the mediator confidential and/or pertinent information including, but not limited to, pleadings, discovery responses/production, transcripts, expert reports, and/or any other litigation related documents.
1042.16 Time frame for conduct of the mediation.
Unless otherwise agreed to by the parties and the mediator or ordered by the Court, the first mediation session shall be conducted not later than sixty (60) days from the agreement to mediate or order to mediate.
1042.17 Attendance and Authority; Sanctions.
The parties and a representative with authority to enter into a full and complete compromise and settlement of the case on behalf of the parties shall attend the mediation, including trial counsel. A representative of the M(Care) Fund, with full decision making authority, shall attend in person during all mediation sessions. If any of the above individuals or representatives fails to appear at the mediation session without good cause, or appears without full authority, the Court, sua sponte, or upon motion, may impose sanctions, including an award of reasonable mediator and attorney's fees and other costs, against the responsible party.
1042.18 Settlement Agreement; Enforcement.
Each settlement is to be confirmed in a written settlement agreement, signed by a party or a party representative with authority to sign. A party representative who signs is presumed to have full authority to bind the party. The settlement agreement is enforceable in the same manner as any other written contract and/or by a motion to enforce the settlement agreement.
1042.19 Confidentiality and Immunity.
a. Mediation shall be confidential and no record shall be made, except as provided by LR 1042.20 or as ordered by the Court.
b. The mediator shall not be subpoenaed or requested to testify or produce documents by any party in any pending or subsequent litigation arising out of the same or similar matter. Any party, person, or entity that attempts to compel such testimony or production shall be liable and indemnify the mediator and other protected participants for all reasonable costs, fees and expenses. The mediator shall have the same limited immunity as judges pursuant to the applicable law as it relates to Common Pleas Judges.
1042.20 Report.
If the case is not settled the mediator shall provide the Court with a detailed report outlining: (1) Plaintiff's final settlement demand; (2) Defendant(s) final settlement offer; (3) The mediator's assessment of liability; (4) The mediator's assessment of damages; (5) The mediator's opinion regarding the potential range of a verdict and settlement value of a case; and (6) The mediator's recommendation regarding settlement of the case.
A copy of the report shall be provided and maintained by the Court Administrator until the case is closed.
[Pa.B. Doc. No. 10-1391. Filed for public inspection July 30, 2010, 9:00 a.m.]
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