O'CONNOR

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R.CIV.P.

Defendants Boeing North American, Inc. and Rockwell International Corporation filed a motion for summary judgment on December 27, 1999. The motion raises the issue of whether most of Plaintiffs’ claims are barred because Plaintiffs should have known of their claims outside of the applicable limitations period. After reviewing the materials submitted by the parties, argument of counsel, and the case file, the Court concludes that, as to 69 Plaintiffs asserting personal injury or wrongful death claims, the question of whether they should have known of their claims earlier depends on factors that vary among the Plaintiffs. Accordingly, the Court GRANTS the motion as to certain Plaintiffs and DENIES it as to other Plaintiffs. The Court also concludes that Defendants have failed to meet their initial burden of proof as to the class claims. Accordingly, the Court DENIES Defendants’ motion as to the class claims.

I. Procedural Background

On March 10, 1997, Plaintiffs filed an initial complaint in this action. The complaint was amended several times. The operative complaint…