From: Southern District Reporters [reporter@sdreporters.com] Sent: Thursday, February 21, 2008 8:18 AM To: Mary Meyer 1 828TSEPC Conference 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 2 3 IN RE: 3 SEPTEMBER 11 LITIGATION 21 MC 97 (AKH) 4 4 ------------------------------x 5 5 New York, N.Y. 6 February 8, 2008 6 1:00 p.m. 7 7 Before: 8 8 HON. ALVIN K. HELLERSTEIN, 9 9 District Judge 10 10 APPEARANCES 11 11 KREINDLER & KREINDLER 12 Attorneys for Plaintiffs 12 BY: JUSTIN GREEN 13 BRIAN J. ALEXANDER 13 14 MOTLEY RICE 14 Attorneys for Plaintiffs 15 BY: DONALD A. MIGLIORI 15 R.L. MOTLEY 16 16 CLIFFORD LAW OFFICES 17 Attorneys for Plaintiff IRI 17 BY: TIM TOMASIK 18 18 GENNET, KALLMANN, ANTIN & ROBINSON 19 Attorneys for Plaintiff Con Edison 19 BY: MICHAEL LEAVY 20 20 PORT AUTHORITY OF NEW YORK AND NEW JERSEY 21 New York Litigation Division 21 BY: KEITH HARRIS 22 22 FLEMMING ZULACK WILLIAMSON ZAUDERER 23 Attorneys for WTCP Cross-claim Plaintiffs 23 BY: RICHARD A. WILLIAMSON 24 M. BRADFORD STEIN 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2 828TSEPC Conference 1 1 UNITED STATES DEPARTMENT OF JUSTICE 2 UNITED STATES ATTORNEY'S OFFICE 2 SOUTHERN DISTRICT OF NEW YORK 3 Attorneys for Defendant 3 BY: BETH E. GOLDMAN, AUSA 4 4 QUIRK & BAKALOR 5 Attorneys for Defendant United Airlines 5 BY: JEFFREY J. ELLIS 6 6 DEBEVOISE & PLIMPTON 7 Attorneys for Defendant American Airlines 7 BY: ROGER E. PODESTA 8 8 CONDON & FORSYTH 9 Attorneys for Defendant American Airlines 9 BY: DESMOND T. BARRY, JR. 10 10 SIMPSON, THACHER & BARTLETT 11 Attorneys for Defendant Argenbright Security 11 BY: JOSEPH F. WAYLAND 12 12 SUSMAN GODFREY 13 Attorneys for Defendant Huntleigh USA 13 BY: JONATHAN J. ROSS 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 3 828TSEPC Conference 1 (Case called) 2 THE COURT: Good afternoon. Mr. Barry, I have your 3 report summarizing the status of all cases. And I don't know 4 if other people have seen it or have had time to absorb it. 5 MR. BARRY: I haven't circulated it, your Honor. I 6 can summarize it for everybody's benefit, if you would like. 7 THE COURT: I think I can do it briefly, thank you. 8 Mr. Barry has been updating me from time to time on 9 the courses of settlements in the various flights, and it's 10 very good news indeed. We started with 96 claims, eleven 11 remain. 12 In Flight 11 lawsuits were brought by 15 passengers 13 and six crew. Only the Keating case and the Low case and 14 perhaps the Ong case remain. I think the defendants take the 15 position that Ong has settled, but I don't take the position 16 because I don't believe that there is anything in writing nor 17 was there anything that was spread on the record, as far as I 18 can recall, with regard to that case. So that's also an 19 unsettled case. 20 With regard to the ground claimants, there were five 21 and one personal injury claimant. Five have settled, one 22 remains, Cahill, and I believe a motion is going to be made 23 with regard to that. Is that right, Mr. Barry? 24 MR. BARRY: That's correct. We had a conference with 25 Mr. Fleming, plaintiff's counsel, last night, and we have SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4 828TSEPC Conference 1 developed a briefing schedule for that. 2 THE COURT: Could you express that on the record? 3 MR. BARRY: Yes, sir. 4 THE COURT: These are real dates, no adjournments. 5 MR. BARRY: Real dates, correct. We have to take one 6 deposition of the plaintiff, and that is scheduled for 7 February 26th. The defendant's motion papers would be due 8 March 18th, plaintiff's opposition April the 8th, defendant's 9 reply April 15th. 10 THE COURT: Thank you. I'll set a hearing date 11 promptly after that. That wraps up Flight 11. 27 claims, 12 either 23 or 24 have settled, and three or four remain pending. 13 Mr. Barry, I think we should regard Ong as unsettled. 14 MR. BARRY: I've spoken with Justin Green, counsel for 15 plaintiff. We both believe that we should just let it sit for 16 a while. I would prefer to do that than take a position in 17 court that that is not settled, but at the moment -- 18 THE COURT: For my purposes I regard it as an 19 unsettled case. 20 MR. BARRY: I think for your purposes that is fine, 21 your Honor. 22 THE COURT: United Flight 77, there were 23 claims by 23 passengers, none by crew, four ground death claimants and four 24 ground personal injury claimants. Of the 23 passengers, 22 25 have settled, only Whittington remains. The four ground SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5 828TSEPC Conference 1 claimants have settled. Of the personal injury claimants, only 2 the Bruno case remains, and I think there's some discovery that 3 is required in Bruno. 4 MR. BARRY: That's correct. Mr. Migliori and I have 5 had discussions about this. There's going to have to be some 6 extensive discovery. The government is still doing its own 7 evaluation. This was a Army non-commissioned officer who was 8 injured during the impact into the Pentagon and ultimately 9 escaped saving the Gallop child. So he's got some -- 10 THE COURT: Saving? 11 MR. BARRY: The Gallop child, if you remember. And 12 he's got some physical issues and some alleged post traumatic 13 stress disorder. And both Mr. Migliori and I believe that 14 we're going to have to do some fairly extensive discovery and 15 we're still waiting for the government's final evaluation. 16 THE COURT: I wonder, gentleman, if for the purposes 17 of litigation, which are different from the purposes of the 18 Department of Army, it might be sufficient to obtain a copy of 19 his medical report and make an assessment, and if appropriate, 20 a settlement based on that. 21 MR. BARRY: But they have an issue, as I understand, 22 to the final report. 23 MR. MIGLIORI: We have gathered the records, we're 24 going through the process of the report. It's not a single 25 report that we're looking for because we need both a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6 828TSEPC Conference 1 psychiatric assessment, occupational. With an injury case you 2 have got other types of vocational life care needs. So there 3 are multiple reports and they're all being worked on now. 4 Mr. Barry and I discussed that a September expectation 5 for readiness for true meaningful discussions or backing from 6 September to present for a September trial date or status date 7 would be helpful. But we think over the course of the next six 8 months or so we can get that ripened with those expert reports. 9 That's very different from the wrongful death cases because of 10 the nature of expert reports required. 11 THE COURT: Could you give me a joint submission 12 setting out the discovery plan for me to so order? 13 MR. MIGLIORI: Gladly. 14 THE COURT: I think there's probably enough 15 differences in that case for me to treat it as a single case 16 before me and give it that kind of a treatment. So please do 17 file a joint case management plan for that case. And if there 18 are any conferences that you need from me, I'll provide them, 19 just let me know when it will be. The conferences will be on 20 Friday. 21 The Army's evaluations are more complex. I'm sure 22 they're engaged in various disability evaluations, various 23 Veterans Administration evaluations. And it's an evaluation 24 that has to be done in conjunction and in coordination with a 25 lot of other evaluations for wounded soldiers. So it's got SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7 828TSEPC Conference 1 different considerations than the consideration that would have 2 been obtained in the lawsuit. And I'm fairly confident you 3 don't have to wait for the Army. You should proceed on your 4 own, and if there's entitlement to money I would like to see 5 that money come to that person earlier rather than later. 6 MR. MIGLIORI: To be clear, we are not waiting for 7 that. That is not part of the expectation of time. Gathering 8 the records, even knowing whether Mr. Bruno is at an end 9 medical result because of the ongoing psychiatric component is 10 a separate consideration completely and the Army consideration 11 really isn't part of this at all. 12 THE COURT: Well, one aspect of the settlement could 13 be private treatment for his PTSD which could be a lot more 14 effective in mass treatment that goes on in veterans hospitals, 15 judging by the reports. And it could also be part of an 16 advanced settlement to create the opportunity for that, those 17 sets of criterions. 18 MR. MIGLIORI: We would be open to that. 19 THE COURT: I think I would urge both of you to try to 20 be creative in that respect and to anticipate in effect what 21 will be a later result by giving some earlier benefits. 22 MR. MIGLIORI: Absolutely. 23 THE COURT: So I encourage you both to look that way 24 and give you a joint plan. 25 Flight 175, there are claims by 13 passengers and one SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 8 828TSEPC Conference 1 crew, four ground death claimants and two ground personal 2 injury claimants. Of the pending claims, Bavis remains and 3 Hayden remains. Hayden was mediated by Judge Robert Parker, 4 who I believe issued a report, and I'm anxious to know what is 5 going to result from that. 6 MR. MIGLIORI: Your Honor, the arbitration occurred 7 after expert discovery. 8 THE COURT: Was it arbitration or mediation? 9 MR. MIGLIORI: It was an arbitration at the outset 10 with an award in writing; obviously private, non-binding. 11 THE COURT: Non-binding is mediation. 12 MR. MIGLIORI: Well, it was designed to be a hearing 13 with an adjudication from an independent party as opposed to 14 someone more like Ms. Biennium who sat and tried to see if 15 there was a commonality or any common ground. This was 16 designed to be a hearing and adjudication but a non-binding 17 one. To do that, the parties agreed to have experts subject to 18 limited discovery, so our economists were deposed previously 19 before the arbitration, documentation that was felt missing was 20 provided. It's really, of the remaining cases, the most 21 worked-up case pending before this Court to the point where 22 experts have actually been deposed. It's the most damage-only 23 trial ready. 24 The arbitration happened on the 30th, a ruling came 25 out not long after -- or a decision, advisory opinion, if you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 9 828TSEPC Conference 1 will. The parties last night received a call from Judge 2 Parker. After the written opinion came out, the plaintiffs did 3 advise what it would take to get the case resolved based on 4 what the opinion was of Judge Parker. We have not heard back 5 any offer from that, but the parties did reach out yesterday, 6 at least Judge Parker communicated with both parties yesterday 7 with what the judge thought would be a potential resolution, 8 more in a mediation capacity. 9 We took that number back to our client this morning, 10 and as of right now we do not have -- after speaking with the 11 client, we don't have authority to settle at the number that 12 was communicated last night through Judge Parker. We remain 13 open to further discussions, and we certainly would -- if this 14 Court is inclined to set a damage only trial, we would 15 certainly hold that out as the most trial ready. 16 THE COURT: I'm not going to do it. It's been tried. 17 I'm not going to do it. If you wish to settle, settle, but I'm 18 not going to be involved. 19 Mr. Ellis? 20 MR. ELLIS: Nothing further, your Honor. We just -- I 21 think the communications with Judge Parker started a little bit 22 earlier than that, but that's not important, what is important 23 is whether both sides will accept his recommendation. 24 THE COURT: Four ground claimants have settled. Of 25 the personal injury claimants, Feller has settled and Buxbaum SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 10 828TSEPC Conference 1 remains. 2 What's the situation with Ms. Buxbaum? 3 MR. ELLIS: Ms. Buxbaum is represented by an attorney 4 who has been on trial. He asked to us schedule a mediation or 5 a meeting with him to hopefully resolve the case next Tuesday. 6 I am going to be in Washington, I'm sure I will have one of my 7 partners handle that meeting, and hopefully we will have some 8 good news to report, Judge. 9 THE COURT: Ms. Birnbaum was here, and I think all of 10 us are indebted that none of us can really repay for all her 11 work in bringing about some of these settlements. She informs 12 me that she will be available for this case and others that 13 people may wish to bring to her. 14 Flight 93, there were 14 passengers who made claim. 15 13 settled, Guadagno has not, and that's the only one that 16 remains. 17 This is an extraordinary record of work that was done 18 and claims that have been resolved. 19 Now with regard to these claims, with the possible 20 exceptions of Bruno, Buxbaum and maybe Hayden, I don't see any 21 further role for myself. I think we had good definitions of 22 values in all the cases that have settled. I don't propose to 23 have a damages only trial on this or any other. 24 MR. BARRY: Your Honor, there are two more that you 25 didn't mention on the bottom. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11 828TSEPC Conference 1 THE COURT: Yes, Merrill and Tansey, thank you. 2 Merrill and Tansey are personal injury claimants at the World 3 Trade Center, not attributable to any specific flight, and have 4 remained pending. 5 MR. BARRY: And we have had meetings with Ms. Merrill 6 this week, and one is -- 7 THE COURT: Ms. Merrill is pro se but she's a lawyer. 8 MR. BARRY: Correct. And the Tansey case we're 9 reaching out to the lawyer for the plaintiff who is on trial at 10 the moment, but we're scheduling a settlement conference with 11 him as well. Because the location of the actual injuries is 12 really unknown, we're dividing that up as if it's for both 13 flights. We have really got four defendants involved. 14 THE COURT: Give me a perspective on that as well in 15 terms of timetable. 16 MR. BARRY: I think I will know more within the next 17 two weeks or so. 18 THE COURT: When you do know, please do that. 19 MR. BARRY: Yes. 20 THE COURT: Because it seems to me that with all of 21 these -- 22 MR. MIGLIORI: In terms of updating the status, there 23 is actually one other case that falls in the category of I 24 think what would be close to the Ong case. As the Court knows 25 in the Marianni matter, which the caption of the case is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12 828TSEPC Conference 1 Ramsmeyer versus United Airlines, Flight 175, an agreement had 2 been reached through authority through the legal representative 3 but it had not been consummated because of questions that arose 4 in the probate about authority to settle, standing to settle, 5 some other issues. 6 And this morning I participated by phone in a two-hour 7 probate court hearing in New Hampshire and the court set a 8 February 21st hearing date on the issue of the legal 9 representative's authority, as far as the probate court is 10 concerned, to enter into this agreement. 11 So just so the Court is aware, there is no signed 12 settlement agreement in the Marianni case, although the values 13 have been established and the current legal representative has 14 authority at the current value or has given authority at the 15 current value. We'll know more about the status shortly. That 16 is very close to what I understand the facts to be in Ong. 17 THE COURT: Sorry, I missed the last word. 18 MR. MIGLIORI: In the Ong is case for Flight 11. It's 19 sort of a -- issues have been worked out but the document 20 hasn't been signed by the legal representative because the 21 matters in probate court were filed -- 22 THE COURT: I didn't know there was a dispute as to 23 the representative. 24 MR. MIGLIORI: It happened after the resolution was 25 involved and then -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13 828TSEPC Conference 1 THE COURT: I think it's a family dispute. I think 2 Marianni has one set of issues and Ong has another set of 3 issues. I have taken the position in Marianni that this is 4 entirely a matter of who gets distribution of that which was 5 settled. And in Ong I think it's different because the person 6 who was here and had full authority, in my judgment, decided 7 for whatever reason that she didn't want to go through with her 8 settlement. She is privileged to take that position but it's 9 not my issue. 10 MR. MIGLIORI: I don't know the Ong case. My point 11 was simply there was not a signed document as we stand. And we 12 think we can get it resolved and are working hard to do it 13 expeditiously. I want the record to be clear about the status. 14 MR. ELLIS: Briefly, your Honor, we quite frankly 15 represented -- dealt with people who represented they had 16 authority. 17 THE COURT: On what case? 18 MR. ELLIS: On Marianni. And we have not taken any 19 because we treated it like your Honor has, as an internal 20 family dispute. This is the first, quite frankly, that this 21 settlement is now an issue. 22 THE COURT: It may or may not be an issue. That's not 23 an issue before me at this point in time. 24 What I began to say, with very few exceptions that do 25 not include Marianni and Ong, is that it doesn't seem to be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 14 828TSEPC Conference 1 much more reason -- 2 Sorry, there is one more motion, and I don't know the 3 status of it, in Guadagno, to open up the record. And I don't 4 know how to deal with that. If it's a motion I'll deal with 5 the motion. If it's not a motion, it's not a motion. But what 6 is it? 7 MR. MIGLIORI: I'm not sure, your Honor. If you're 8 talking about the marking of privileges on documents or the 9 protective order motion, that's actually in all cases. 10 THE COURT: It was told to me that there's a desire 11 among either that plaintiff or more than that plaintiff to open 12 the record, a sealed record, and I don't know what is 13 encompassed in that motion. 14 MR. MIGLIORI: That's not exactly right, your Honor. 15 Let me give you a little background. The parties entered early 16 in this litigation into a protective order by agreement which 17 was designed to allow the defendants to protect certain types 18 of documents like trade secrets and the like. In that 19 agreement, endorsed by the Court, was a provision that said if 20 the plaintiffs felt that the designations for protective orders 21 consideration -- if the designations were inappropriate, that 22 we would raise them in an appropriate way. So that motion is 23 actually pending. In all cases it's a motion to -- 24 THE COURT: Has it been filed? 25 MR. MIGLIORI: It's been filed with the Court, I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 15 828TSEPC Conference 1 believe it's filed as a 2E letter. 2 MR. BARRY: No, it was filed as a regular motion. 3 MR. MIGLIORI: As a regular motion. And frankly we 4 have been working very closely with the defendants to resolve 5 it. It is a component part of the resolution because the seven 6 remaining plaintiffs that Motley Rice represents have a strong 7 non-economic component of their motivation for litigation, and 8 the public availability of the discovery in this case for 9 non-protected documents would bring the parties a long way 10 towards its resolution discussions. 11 So the parties have been working closely. We 12 exchanged proposals. The defendants have not had to respond to 13 the motion yet because we agreed to extensions for the purposes 14 of working out a consent order. We are pretty close. I would 15 say we made a lot of progress in getting a consent order 16 together. The ball, frankly, is in our court. We received the 17 last offer from defendants a few week ago and we're trying to 18 come up with a consensus document. 19 So it's pending, we're working on it, and if we are 20 able to achieve it it will have a huge component not just for 21 Mr. Guadagno but all seven plaintiffs in terms of the ability 22 for the parties to resolve the cases. 23 THE COURT: Does the government have an interest? 24 MR. MIGLIORI: We're not putting any SSI into 25 question. This isn't unsealing the document for the purpose of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 16 828TSEPC Conference 1 opening, for example, the reading room. This has to do with 2 the defendants marking a document that has been cleared through 3 SSI as subject to the protective order of this litigation, 4 which should only be, in our opinion, in our view, limited to 5 trade secrets and the like. In some instances almost a hundred 6 percent of the documents were marked as protected. 7 THE COURT: Mr. Migliori, whenever the motion is ready 8 it could be made if you desire to make it ready. But it 9 appears to me that the present pending motion is not being 10 seriously advanced at this time and I will mark it off the 11 calendar. I will deny it without prejudice to reinstatement at 12 whatever time you wish, but there's no need for me to carry it. 13 MR. MIGLIORI: In that position our position would be 14 to file it again immediately. 15 MR. BARRY: It's on the file. You granted an 16 extension. 17 THE COURT: But I'm not granting any more extensions. 18 If you want to move it for argument, I'll take it and deal with 19 it, but I don't want any pending motions when there are 20 discussions going on. 21 MR. BARRY: At the moment our papers are not due until 22 the 22nd. 23 THE COURT: But I won't sign any more adjournments. 24 MR. MIGLIORI: We understand that. 25 MR. BARRY: Understood. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 17 828TSEPC Conference 1 THE COURT: What I was starting to say is that I don't 2 see any more need for a 21 MC 97 docket. Any unsettled cases 3 will be transferred to the 21 MC 101 docket to proceed in 4 normal course with cases in that docket. I intend to call no 5 more conferences in this case. The job of liaison counsel on 6 both the plaintiffs' side and the defendants' side it seems to 7 me to have been completed, and I propose to issue an order 8 within the next 30 days to close out the 21 MC 97 docket. If 9 there are objections to that, they should be made promptly, but 10 that is my purpose. 11 If anyone wishes to comment at this time I would like 12 to hear it. 13 MR. WAYLAND: Your Honor, Joe Wayland for Argenbright. 14 I need some time to think about this because I'm the only 15 defendant -- I think I'm the only defendant that's only in 97. 16 My client provided airport security for the two flights that 17 did not crash into the World Trade Center. I only have three 18 cases left; one is Guadagno, one is Whittington and the other 19 is Bruno, the personal injury case. So what I would want to 20 avoid is my client having to bear significant expense being 21 involved in 101 cases because we're not a defendant in any of 22 those cases and I would also like a prompt resolution of the 97 23 case. 24 THE COURT: I can't help you, Mr. Wayland. How can I 25 help you? Whether to settle or not is a matter of your choice SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 18 828TSEPC Conference 1 and plaintiff's choice. The cases have progressed as far as 2 they're going to progress. I don't see any need for special 3 treatment. I think the offers that have been made, as I 4 understand them, are consistent with previous offers of other 5 cases with similarly situated people which have been accepted 6 and settled. There's nothing more for me to do. 7 MR. WAYLAND: Well, that may be the case, your Honor, 8 but, for example, in Guadagno, I know your Honor has no 9 interest -- has expressed no interest in settling a damages 10 only trial, but that seems to be what led to the resolutions of 11 the cases that I have been able to get out of. And it may be 12 the same here, but in any event I may ask for some other 13 relief. I just wanted to bring to your attention I am the only 14 defendant not in the 101 docket. 15 THE COURT: As I understand it, Richard Guadagno was 16 38 years old at the time of his death, he was a manager with 17 the United States Parks Service, he resided in California, he 18 was earning $55,000 a year, approximately. He was single, had 19 no dependants, he is survived by his mother, father and sister. 20 Defendants have made an offer which he has chosen not to 21 accept. 22 I don't know what negotiations have gone on or not, 23 but it seems to me that the issues that have been described as 24 keeping the parties apart have to do with issues that are 25 non-economic; desire to see the records of the case, in some SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 19 828TSEPC Conference 1 fashion to engage in some publicity, whatever. Plaintiffs can 2 do whatever they wish, I don't see any further purpose on my 3 part. I am not going to hold a trial in that case. I don't 4 seed a need to hold a trial in the case. I don't see the need 5 to expend judicial energy. If people wish to settle, they can. 6 If not, I will reach the case in due course. 7 I offered this damages only trial remedy because there 8 were a lot of cases that were stuck. But the remedy seems to 9 have accomplished a very good result, and those that remain are 10 these cases that, for whatever reason, are not settling; maybe 11 people don't want to settle, maybe people want to try the case, 12 as their right, but they will have to wait their turn. 13 I will do what I can to help you, Mr. Wayland, in 14 terms of economies; you might join with other counsel, there's 15 transcripts that are prepared, I think there are ways of 16 getting reports without taking up counsels' time, but I can't 17 see that I can do anything more. 18 MR. MIGLIORI: May I ask a point of clarification, 19 your Honor? 20 THE COURT: Yes. 21 MR. MIGLIORI: In transferring these cases, the 22 remaining cases in 21 MC 97 to the 101 docket, I assume that 23 means that there will be, for those clients, a full trial, 24 whenever that will be, on liability and damages. 25 THE COURT: I don't know what shape it will have, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 20 828TSEPC Conference 1 Mr. Migliori. The property damage cases, various categories, 2 two coming to mind, two categories of the number of cases where 3 insurance companies believe they're subrogated and their 4 damages are certain, and there's the Silverstein World Trade 5 Center property cases where the damages are not quantified and 6 where there are various other kinds of issue that have to be 7 dealt with. And there are several personal injury cases, so 8 we'll have to figure out the most economical and efficient way 9 to deal with those cases in terms of trial and any motions and 10 the like. 11 MR. MIGLIORI: So for practical purposes, though, in 12 terms of the coordination that we have had for discovery, for 13 liability depositions, those matters, we continue to proceed in 14 101. 15 THE COURT: It might be better coordination on the 16 depositions because you'll be in the same track. 17 MR. MIGLIORI: Great. Thank you, your Honor. 18 MR. WAYLAND: Your Honor, just so the record is clear, 19 because I think my client will want me to make the record, is 20 that the problem, so it's clear, is when the docket is combined 21 and I now am on the 101 track, most of the 101 track has 22 nothing to do with, for example, the damages discovery. It's 23 massive, much more. I don't have anything to do with it 24 because 97 is separate, the damages in 97 have nothing to do 25 with the World Trade Center, substantial other discovery. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 21 828TSEPC Conference 1 THE COURT: The commonality has to do with claims of 2 negligence by the security companies and the airlines in 3 allowing people through who the plaintiffs claim should not 4 have been allowed to come through. 5 MR. WAYLAND: But the plaintiffs in 101 haven't sued 6 my clients for those damages. They haven't alleged my client 7 is negligent. 8 THE COURT: So you're lucky. 9 What do you want me to do, Mr. Wayland? 10 MR. WAYLAND: I may have something to suggest at some 11 point. 12 THE COURT: Fine, I'll pay attention to your 13 suggestion. But as I say, I see the purpose for the 21 MC 97 14 docket has largely been satisfied. 15 Ms. Birnbaum says that she continues to be available. 16 I don't think that's an indefinite commitment, but if people 17 want to use her services they had better be quick about it 18 because she's busy and we're busy and she has got lots of 19 things to do. 20 Anything else from anybody? I'll give you a date when 21 I propose to meet with the 101 people and we'll have a lot of 22 work to do there. 23 March 14th, 2008, at 1:00. 24 What I'm going to be interested in is what discovery 25 is pending, what discovery is desired, what kind of discovery SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 22 828TSEPC Conference 1 schedule you can have, what will be a terminal date for 2 discovery, whether there should be any renewal of motions that, 3 although decided earlier, were not decided in such a 4 dispositive way as not to be revisited, for example, issues of 5 duty, and what kind of motion schedule we might have in that 6 regard. 7 In other words, I want to clean those cases up and 8 then I want to talk with you in a very candid way about what 9 kinds of trials that we can have, how to shape the trials and 10 how to identify the claimants that are most interested in the 11 various ways to try these cases. 12 Sir? 13 MR. TOMASIK: Good afternoon, your Honor, Tim Tomasik 14 on behalf of the PDPEC. 15 THE COURT: Give me that again. 16 MR. TOMASIK: Tom Tomasik. 17 THE COURT: I got that much. 18 MR. TOMASIK: Property damage PEC. 19 THE COURT: Property damage? 20 MR. TOMASIK: Plaintiffs' executive committee. 21 THE COURT: Thank you. 22 MR. MIGLIORI: He's the only liaison that wasn't fired 23 today. 24 THE COURT: You're in business, sir. 25 MR. TOMASIK: Mr. Clifford purposely stayed away to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 23 828TSEPC Conference 1 allow you to tend to the splinter cases. But if it would be 2 possible, your Honor, could you accommodate us the week of 3 March 18th? If not, we will be here on the 14th. 4 THE COURT: I can't. 5 MR. TOMASIK: Okay. Very well. 6 THE COURT: I will be out of town most of that week. 7 MR. TOMASIK: Very well, your Honor. 8 THE COURT: You prefer the week of March 21? 9 MR. TOMASIK: If we could, your Honor. 10 THE COURT: We can do that. 11 MR. BARRY: Only if it's early in the week because 12 Easter is on the 23rd. 13 THE COURT: Is that Good Friday? 14 Let's go off the record. 15 (Discussion held off the record) 16 THE COURT: It seems that March 18 at 4:00 is more 17 convenient to many of the parties, so we'll do it March 18 at 18 4:00. 19 MR. TOMASIK: Thank you, your Honor. 20 THE COURT: Those are some of the questions. And I 21 think Mr. Tomasik and whoever is interested in this side, see 22 if you can create some kind of recommended agenda and send it 23 in two days in advance. 24 MR. TOMASIK: We'll work with Mr. Barry. 25 MR. BARRY: I don't know if I have been fired from SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 24 828TSEPC Conference 1 that other track. 2 THE COURT: You're on that other case. 3 MR. MIGLIORI: For the record, your Honor, this wasn't 4 the first time I was fired on the record, Mr. Motley fired me 5 more than once on the record. I am the only one that's been 6 fired. 7 THE COURT: You might be transferring your efforts 8 over. 9 There is going to be some personal injury people and 10 we need to accommodate that and there are property damage 11 claims and we need to accommodate that, but it seems to me that 12 the need for a special docket remains set. 13 Is there anything more? 14 Ms. Goldman, you've been so quiet. 15 MS. GOLDMAN: I'm much more effective for my client 16 what way. 17 THE COURT: What issues are up for -- 18 MS. GOLDMAN: Right now everything is running 19 smoothly, I think. I can represent the reading room is very 20 active and we're having our 30(b)(6) deposition next week, so 21 all is moving along. 22 THE COURT: Good. Thanks very much. 23 o0o 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300