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IN RE SEPTEMBER 11 LITIGATION

United States District Court, Southern District of New York


September 19, 2003

IN RE SEPTEMBER 11 LITIGATION

The opinion of the court was delivered by: Alvin Hellerstein, District Judge

ORDER

WHEREAS various plaintiff's in the consolidated litigation seek to bring suit against certain architects and engineers for their alleged failure in designing, constructing, maintaining and repairing the World Trade Center;

WHEREAS section 214-d(1) of the New York Civil Practice Law and Rules requires that plaintiff's file, within 30 days of service, a notice of claim in "any court of this state" where an action may be commenced if they seek to recover against architects and engineers;

WHEREAS this notice of claim must be filed prior to the commencement of suit pursuant to N.Y. C.P.L.R. 214-d(5);

WHEREAS this court has "original and exclusive jurisdiction over all actions brought for any claim (including any claim for loss of property, personal injury, or death) resulting from or relating to the terrorist-related aircraft crashes of September 11, 2001," 49 U.S.C. § 40101, and may administer federal procedure in cases brought within its jurisdiction, see Hanna v. Plumer, 380 U.S. 460, 472-73 (1965);

IT IS HEREBY ORDERED that the Clerk of the Court shall accept the filing of a notice of claim against engineers and/or architects upon the purchase of a case index number and the submission, in triplicate, of a civil cover sheet. Each civil cover sheet must indicate that the case is related to In re September 11 Litigation, 21 MC 97 (AKH). A summons and complaint, however, need not be filed at the time of the filing of the notice of claim. The case shall not be [ Page 2]

deemed to have commenced for purposes of N.Y. C.P.L.R. 214-d until the filing of a summons and complaint. The Clerk of the Court shall accept any summons and complaint submitted after the purchase of a case index number, and file such in the index number purchased.

So Ordered.

20030919

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