Motion 9 - product liability motion to consolidate

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Motion for Consolidation and Case Administration

Todd Carcelli, the Margolis Firm PC, 77 West Wacker Drive, Suite 3200, Chicago, Illinois 60601, (312) 236-2201, Attorney No.: 39269.

NOW COME the Plaintiffs, ANTHONY ABRAM, et al., by and through their attorneys, THE MARGOLIS FIRM PC, to present this motion for consolidation and case administration. In support of this motion, Plaintiffs state as follows:

1. On October 2, 2000, ten (10) lawsuits involving a total of 469 active or retired members of the Chicago Fire Department were consolidated before Judge Joseph N. Casciato (the “Consolidated Cases”). (See Exhibit “1”).

2. On November 27, 2001, three (3) additional lawsuits were consolidated before Judge Joseph N. Casciato. (See Exhibit “2”).

3. The new complaints, Abram, et al. v. Federal Signal Corporation, Case No. 03 L 5897 (Attached as Exhibit “3”);Allaire, et al. v. Federal Signal Corporation, Case No. 03 L 5899 (Attached as Exhibit “4”);Amereihn, et al. v. Federal Signal Corporation, Case No. 03 L 5902 (Attached as Exhibit “5”); Arienti, et al. v. Federal Signal Corporation, Case No. 03 L 5904 (Attached as Exhibit “6”); Atwood, et al. v. Federal Signal Corporation , Case No. 03 L 5906 (Attached as Exhibit “7”); Borre, et al. v. Federal Signal Corporation, Case No. 03 L 5908 (Attached as Exhibit “8”);Albanese, et al. v. Federal Signal Corporation, Case No. 03 L 5909 (Attached as Exhibit “9”);Anastos, et al. v. Federal Signal Corporation, Case No. 03 L 5914 (Attached as Exhibit “10”); Alfaro, et al. v. Federal Signal Corporation, Case No. 03 L 5923 (Attached as Exhibit “11”), contain allegations identical to those set fourth in the Consolidated Cases. Abramnames an additional 108 plaintiffs, Allaire names an additional 58 plaintiffs, Amereihn names an additional 40 plaintiffs, Arienti names an additional 26 plaintiffs, Atwood names an additional 18 plaintiffs, Borre names an additional 15 plaintiffs, Albanese names an additional 223 plaintiffs, Anastos names an additional 20 plaintiffs, andAlfaro names an additional 114 plaintiffs.

4. The Abram, Allaire, Amereihn, Arienti, Atwood, Borre, Albanese, Anastos, and Alfaro cases, like the Consolidated Cases, each are product liability claims in which the plaintiff firefighters allege that they have suffered permanent hearing loss due to exposure to noise from sirens manufactured by Federal Signal Corporation.

5. The parties have agreed that the same means for consolidating the initial cases should be used to consolidate and coordinate theAbram, Allaire, Amereihn, Arienti, Atwood, Borre, Albanese, Anastos, and Alfaro cases. The parties believe that such consolidation will act as an aid to the convenience of the parties and the court, and will not prejudice a substantial right of any party.

6. Accordingly, the parties have agreed jointly to request that this Court exercise its discretion pursuant to Section 5/2-1006 of the Illinois Code of Civil Procedure and consolidate the Abram, Allaire, Amereihn, Arienti, Atwood, Borre ,Albanese, Anastos, and Alfaro cases with those currently pending before Judge Casciato. Given the substantial similarity among Plaintiffs' claims, the parties agree that consolidation for purposes of discovery and certain pretrial motions.

WHEREFORE, for the reasons stated above, Plaintiffs respectfully requests that this Court enter an order consolidating the following cases,Abram, et al. v. Federal Signal Corporation, Case No. 03 L 5897; Allaire, et al v. Federal Signal Corporation, Case No. 03 L 5899;Amereihn, et al. v. Federal Signal Corporation, Case No. 03 L 5902;Arienti, et al. v. Federal Signal Corporation, Case No. 03 L 5904;Atwood, et al. v. Federal Signal Corporation, Case No. 03 L 5906; Borre, et al. v. Federal Signal Corporation, Case No. 03 L 5908;Albanese, et al. v. Federal Signal Corporation, Case No. 03 L 5909; Anastos, et al. v. Federal Signal Corporation, Case No. 03 L 5914;Alfaro, et al. v. Federal Signal Corporation, Case No. 03 L 5923 before Judge Joseph N. Casciato, along with Rago, et al. v. Federal Signal Corporation, Case No. 99 L 4752, and the other Consolidated Cases, consolidated by Order of this Court on October 2, 2000 and November 27, 2001.

The parties further request that this consolidation be limited to discovery and pretrial matters only.

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