United States District Court, D. Nebraska
In Re TOXIC EXPOSURE CASES (diesel fume exhaust and other alleged toxins) against UNION PACIFIC RAILROAD COMPANY, Defendant.
R. Zwart United States Magistrate Judge.
parties agree to the following policies:
1) In a wrongful death case, the plaintiff will produce a
copy of the death certificate with Plaintiff's Rule
26(a)(1) initial disclosures.
2) In all previously filed wrongful death cases, to the
extent a Plaintiff has not already produced a copy of the
death certificate, the plaintiff will produce these documents
with that Plaintiff's Rule 26(a)(1) initial disclosures.
3) In conjunction with an Answer or an Entry of Appearance by
the defendant, Defendant will submit a written request for
Plaintiffs' and/or decedents' social security number
and date of birth. Within seven (7) days of receiving the
request, Plaintiffs will respond with appropriate information
so that Defendant may prepare, in advance of any other
discovery, the appropriate authorizations/release for
4) Plaintiffs will produce signed authorizations for Medical,
Insurance, Tax, RRB, UPREHS, Armed Services, IRS, VA,
Medicare, and Medicaid with Plaintiffs' Rule 26(a)(1)
5) At the time Plaintiffs serve Rule 26(a)(2) expert
disclosures, Plaintiffs will provide Defendant with
alternative dates for depositions of Plaintiffs' expert
parties disagree regarding the production of letters of
personal representation. Defense counsel suggest that
Plaintiff should attach a copy of the letters of personal
representation to the complaint in all wrongful death cases.
In addition, defense counsel assert that in all previously
filed wrongful death cases, and to the extent not already
produced, plaintiffs shall produce letters of personal
representation with plaintiffs' Rule 26(a)(1) initial
disclosures. Plaintiffs' counsel does not agree to append
the letters as exhibits to the complaints, as there is no
requirement in the Federal Rules of Civil Procedure requiring
immediate disclosure. Rather, counsel suggests that Defendant
“in the normal course of discovery include a
request” for letters of personal representation, if
applicable, in its Requests for Production of Documents, and
that Plaintiff would then respond appropriately. (See
attachment at page 3)
summarize, the parties agree that a letter of personal
representation should be produced in each wrongful death
case, but they disagree as to the timing of production.
Having reviewed each party's position, and in
consideration of the sheer volume of individual toxic fume
cases, letters of personal representation shall be produced
at the outset of each case to avoid unnecessary delay in case
Court adopts the parties' joint proposals, numbers 1
through 5 as set forth above.
to any wrongful death case filed after this date, Plaintiff
shall attach a copy of the letter of personal representation
to the Complaint.
all cases already filed, if letters of personal
representation have not already been produced, the letters