The United States District Court for the Eastern District of Kentucky recently approved a Lone Pine case management order in a class action lawsuit, Modern Holdings, LLC et. al v. Corning Inc., seeking to recover personal injury and property damages allegedly caused by environmental contamination. (Lone Pine orders derive their name from the unpublished 1986 decision of the Superior Court of New Jersey in Lore v. Lone Pine Corp.).
In Modern Holdings, the class plaintiffs sought to recover property and personal injury damages alleged from nearly 50 years of environmental contamination at a glass manufacturing plant. After pending for nearly two years with several procedural motions, including amendments to the complaint, this case had yet to complete the discovery stage. Following the issuance of a scheduling order that set dates for the case through trial, the defendants sought, and the magistrate judge granted, a Lone Pine order that limited discovery until the plaintiffs produced evidence that established the validity of their claims.
This case now places Kentucky in line with other jurisdictions that utilize Lone Pine orders as an effective case management tool, particularly in multi-party environmental claims lawsuits.
I recently published an article with further explanation on the order and invite you to read it here.