At a Special Term of the Supreme

Court, held in and for the County

of Chautauqua, State of New York,

held at the Chautauqua County

Courthouse in the Village of

Mayville, New York, on the 18th

day of September, 1995.



PRESENT: HONORABLE JOSEPH GERACE, J.S.C.



STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

____________________________________


CHERYL ANDREA

and JOHN S. ANDREA, et al

ORDER

Plaintiffs,

vs Index #H-10610


E.I. DuPONT DE NEMOURS & CO., et al


Defendants.

____________________________________



The Defendant, Service Master Company, Inc., by their


attorneys, Hinshaw & Culbertson, having duly moved this


Court for an Order trifurcating the discovery and trials of


these actions, and to consolidate these actions for


purposes of discovery and trial, and the motion having


regularly come on to be heard;


NOW, upon reading and filing Defendant, Service


Master's, Notice of Motion to Trifurcate, dated August 11,


1995, and the Memorandum of Law in support thereof, dated


August 11, 1995; and upon Defendant, Service Master's,


Notice of Motion to Consolidate, dated September 8, 1995,


and the Affidavit of Marjorie G. Gottlieb, Esq., dated


September 8, 1995, in support thereof, and upon Defendant,


DAP, Inc.'s, Cross-Notice of Motion to Trifurcate, dated


September 1, 1995, and the Affirmation of Laurie Styka


Bloom, Esq., dated September 1, 1995, in support thereof;


and upon the Affidavit of Diane F. Bosse, Esq., attorney


for Defendant, Kings Heating & Sheet Metal, Inc., dated


September 11, 1995, in support thereof, and upon the


Affidavit and Memorandum of Law of Pamela L. Neubeck, Esq.,


attorney for Plaintiffs, dated September 11, 1995, in


opposition of Defendants' Motion to Trifurcate; and upon


the Affidavit of Leo T. Fabrizi, Esq., attorney for


Defendant, Henderson-Johnson, Inc., dated September 1,


1995, in opposition to Defendants' Motion to Trifurcate;


and upon the Affidavit and Memorandum of Law of Suzanne P.


Stearn, Esq., attorney for Defendant, Jamestown Public


Schools, dated September 13, 1995, in opposition to


Defendant's Motion to Consolidate; and various counsel for


the parties have appeared before this Court; and after due


deliberation having been had thereon, it is:


ORDERED, that Defendant, Service Master's, Motion to


Trifurcate is hereby adjourned until June 24, 1996, but may


be heard sooner if parties agree; and it is further


ORDERED, that Defendant, Service Master's, Motion to


Consolidate all of the cases for purposes of trial is


denied; and it is further


ORDERED, that the cases entitled Andrea,etal.vs


E.I.DuPontdeNemours&Co., et al; Francisco,etal.vs


JamestownPublicSchools; Dietz,etal.vsJamestownPublic


Schools; and Seekings,etal.vsJamestownPublicSchools,


shall be consolidated for purposes of discovery; and it is


further


ORDERED, that a schedule for completion of discovery


in these cases is established as follows:


a. November15,1995: All Plaintiffs' counsel are


to serve demands for settlement on the Defendants


and their counsel and to the Court;


b. November30,1995: Plaintiffs' first set of


written discovery demands are to be served on


Defendants;


c. December15,1995: Defendants' counsel are to


meet in Buffalo, New York, to discuss discovery,


settlement demands and other logistical matters,


and counsel are to consider dividing up the


Defendants into groups of Defendants, so that


liaison counsel for each group may be appointed


for purposes of notice and receipt of notice, with


the results of this meeting to be reported to the


Court by telephone by December 15, 1995.


d. January30,1996: Defendants are to serve


responses to Plaintiffs' written discovery demands


on or before this date;


e. BetweenJanuary31,1996andMay30,1996: All


parties are to take the depositions of non-party,


non-medical witnesses within this time period, and


said depositions are to take place on Tuesday,


Wednesday, and Thursday of the third week of each


month, beginning February, 1996, or at such other


times as the parties may agree;


f. BetweenMay31,1996andNovember30,1996:


Depositions of Defendants' witnesses,


representatives and/or former employees are to


take place in this time period, and that said


depositions are to take place on Tuesday,


Wednesday, and Thursday of the third week of each


month, or as agreed to by the parties;


g. February28,1997: Plaintiffs shall identify


their causation experts and answer expert witness


discovery on or before this date;


h. February28,1997: Plaintiffs are to amend their


Complaint and/or Bill of Particulars on or before


this date;


i. June30,1997: Defendants must complete


depositions and provide expert witness disclosure


on or before this date;


and it is further


ORDERED, that the parties are required to report back


to the Court on the status of these cases at such times as


the Court shall so determine; and it is further


ORDERED, that after November 30, 1996, the Court will


consider Motions to Dismiss or Motions for Summary Judgment


by any defendant and after February 28, 1997 the scheduling


of depositions of the plaintiffs, health care providers,


and plaintiffs' causation experts and the scheduling of


expert witness disclosure by the defendants shall be taken


up at a status conference to be scheduled by the Court and


counsel.



Dated: November , 1995

Mayville, New York


____________________________

JOSEPH GERACE

Supreme Court Justice