Subject: RE: Kansas - Conf. Call 12/5 at 10 a.m. Central
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked]
Date: Mon, 4 Dec 2000 11:02:00 -0800 (PST)

1.  Responding to Don's voicemail of earlier today, I will be able to
participate in the Quinque conference call tomorrow.

2.  With regard to Clay Mahaffey's question, the MDL Order itself envisions
that the transferee judge (i.e., Judge Downes) will decide the remand
motion.  See page 2 of the Panel's April 10, 2000 Transfer Order.

3.  To be sure, the Transfer Order says that the remand motion can be
decided by the transferee judge.  It does not say that it must be. Also, the
Transfer Order has the standard boilerplate paragraph telling the transferee
judge that he can remand claims or actions as appropriate.   However, the
context strongly indicates that the Panel thinks the remand decision is for
Judge Downes.  Indeed, at oral argument before the Panel, the plaintiffs'
lawyer made a big deal about how the Kansas judge was about to rule on the
remand motion.  The response from the Panel essentially was "tell it to the
transferee judge."

4.   There is case law that envisions that the transferee judge can decide
removal / remand issues.  Those cases are cited in the KN brief to the
Panel.  A couple of the cites are also picked up in the Transfer Order.

-----Original Message-----
From: Dawne Davis [mailto:[email-masked]]
Sent: Monday, December 04, 2000 6:33 PM
To: [email-masked]; [email-masked]; [email-masked]
Subject: Kansas - Conf. Call 12/5 at 10 a.m. Central

The Kansas Steering Committee will meet by conference call on Tuesday,
December 5, at 10 a.m. Central to discuss Thursday's status conference
before Judge Downes.

Dial-in:  800-403-2002
Participant code:  750983

Dawne Davis
Legal Assistant
Holland & Hart
P.O. Box 1347
Cheyenne, WY  82003
307-778-4240
307-778-8175 - fax
[email-masked]

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