of Chautauqua, State of New York,

held at the Chautauqua County

Courthouse in the Village of

Mayville, New York, on the 18th

day of September, 1995.

PRESENT: HONORABLE JOSEPH GERACE, J.S.C.

STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

____________________________________

CHERYL ANDREA

and JOHN S. ANDREA, et al

ORDER

Plaintiffs,

vs Index #H-10610

E.I. DuPONT DE NEMOURS & CO., et al

Defendants.

____________________________________

The Defendant, Service Master Company, Inc., by their

attorneys, Hinshaw & Culbertson, having duly moved this

Court for an Order trifurcating the discovery and trials of

these actions, and to consolidate these actions for

purposes of discovery and trial, and the motion having

regularly come on to be heard;

NOW, upon reading and filing Defendant, Service

Master's, Notice of Motion to Trifurcate, dated August 11,

1995, and the Memorandum of Law in support thereof, dated

August 11, 1995; and upon Defendant, Service Master's,

Notice of Motion to Consolidate, dated September 8, 1995,

and the Affidavit of Marjorie G. Gottlieb, Esq., dated

September 8, 1995, in support thereof, and upon Defendant,

DAP, Inc.'s, Cross-Notice of Motion to Trifurcate, dated

September 1, 1995, and the Affirmation of Laurie Styka

Bloom, Esq., dated September 1, 1995, in support thereof;

and upon the Affidavit of Diane F. Bosse, Esq., attorney

for Defendant, Kings Heating & Sheet Metal, Inc., dated

September 11, 1995, in support thereof, and upon the

Affidavit and Memorandum of Law of Pamela L. Neubeck, Esq.,

attorney for Plaintiffs, dated September 11, 1995, in

opposition of Defendants' Motion to Trifurcate; and upon

the Affidavit of Leo T. Fabrizi, Esq., attorney for

Defendant, Henderson-Johnson, Inc., dated September 1,

1995, in opposition to Defendants' Motion to Trifurcate;

and upon the Affidavit and Memorandum of Law of Suzanne P.

Stearn, Esq., attorney for Defendant, Jamestown Public

Schools, dated September 13, 1995, in opposition to

Defendant's Motion to Consolidate; and various counsel for

the parties have appeared before this Court; and after due

deliberation having been had thereon, it is:

ORDERED, that Defendant, Service Master's, Motion to

Trifurcate is hereby adjourned until June 24, 1996, but may

be heard sooner if parties agree; and it is further

ORDERED, that Defendant, Service Master's, Motion to

Consolidate all of the cases for purposes of trial is

denied; and it is further

ORDERED, that the cases entitled Andrea,etal.vs

E.I.DuPontdeNemours&Co., et al; Francisco,etal.vs

JamestownPublicSchools; Dietz,etal.vsJamestownPublic

Schools; and Seekings,etal.vsJamestownPublicSchools,

shall be consolidated for purposes of discovery; and it is

further

ORDERED, that a schedule for completion of discovery

in these cases is established as follows:

a. November15,1995: All Plaintiffs' counsel are

to serve demands for settlement on the Defendants

and their counsel and to the Court;

b. November30,1995: Plaintiffs' first set of

written discovery demands are to be served on

Defendants;

c. December15,1995: Defendants' counsel are to

meet in Buffalo, New York, to discuss discovery,

settlement demands and other logistical matters,

and counsel are to consider dividing up the

Defendants into groups of Defendants, so that

liaison counsel for each group may be appointed

for purposes of notice and receipt of notice, with

the results of this meeting to be reported to the

Court by telephone by December 15, 1995.

d. January30,1996: Defendants are to serve

responses to Plaintiffs' written discovery demands

on or before this date;

e. BetweenJanuary31,1996andMay30,1996: All

parties are to take the depositions of non-party,

non-medical witnesses within this time period, and

said depositions are to take place on Tuesday,

Wednesday, and Thursday of the third week of each

month, beginning February, 1996, or at such other

times as the parties may agree;

f. BetweenMay31,1996andNovember30,1996:

Depositions of Defendants' witnesses,

representatives and/or former employees are to

take place in this time period, and that said

depositions are to take place on Tuesday,

Wednesday, and Thursday of the third week of each

month, or as agreed to by the parties;

g. February28,1997: Plaintiffs shall identify

their causation experts and answer expert witness

discovery on or before this date;

h. February28,1997: Plaintiffs are to amend their

Complaint and/or Bill of Particulars on or before

this date;

i. June30,1997: Defendants must complete

depositions and provide expert witness disclosure

on or before this date;

and it is further

ORDERED, that the parties are required to report back

to the Court on the status of these cases at such times as

the Court shall so determine; and it is further

ORDERED, that after November 30, 1996, the Court will

consider Motions to Dismiss or Motions for Summary Judgment

by any defendant and after February 28, 1997 the scheduling

of depositions of the plaintiffs, health care providers,

and plaintiffs' causation experts and the scheduling of

expert witness disclosure by the defendants shall be taken

up at a status conference to be scheduled by the Court and

counsel.

Dated: November , 1995

Mayville, New York

____________________________

JOSEPH GERACE

Supreme Court Justice