Case 1:04-cv-00137-BBM Document 28 Filed 03/17/05 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

MARGARET RANDALL BOYDSTON, )

Individually, as Surviving )
Spouse of Thomas Price Boydston, )
and as Executrix Of the Estate )
of Thomas Price Boydston, and )
MICHELLE NORTON, Individually, ) Civil Action File No.
As Surviving Spouse of ) 1:04-CV-0137-BBM
Robert L. Norton, Jr., And as )
Executrix of the Estate )
of Robert L. Norton, Jr., )
)
Plaintiffs, )
)
vs. )
)
BOMBARDIER AEROSPACE )
CORPORATION, and BOMBARDIER )
INC., )
Defendants. )

JOINT MOTION TO PLACE ACTION IN ABEYANCE

COME NOW Plaintiffs and Defendants, by and through counsel, and

move this Court for an Order placing the above case in abeyance through

and including November 30, 2005. In support of this Joint Motion the

parties show the Court as follows:

(1) The Complaint in this matter was filed on December 22, 2003.

(2) The Defendants in this case, Bombardier Aerospace

Corporation and Bombardier, Inc., are also currently defendants in two (2)

other previously filed lawsuits in the Superior Court of DeKalb County,

Georgia, brought by the widows of the two (2) passengers on the same flight
 Case 1:04-cv-00137-BBM Document 28 Filed 03/17/05 Page 2 of 5

at issue in this proceeding. Those two (2) cases are (a) Kathryn A. Swingle,

et al. v. Epps Airservice, Inc., Bombardier Aerospace Corporation and

Bombardier, Inc., Case No. 03-CV-6798-9; and (b) Lora C. Shumejda, et

al. v. Epps Airservice, Inc., Bombardier Aerospace Corporation and

Bombardier, Inc., Case No. 03-CV-6799-9.

(3) The parties herein have participated in discovery and have

determined that the outcome in the instant case will be governed by the

outcome of the above referenced related state court cases.

(4) The parties are in agreement that due to the above issues, this

action should be placed in abeyance through and including November 30,

2005, at which time the parties may file a Joint Motion to Open or Dismiss

the action.

WHEREFORE, the parties respectfully request that this Court place

this action in abeyance as set forth in the Agreed Order tendered herewith.

Respectfully submitted,

BOONE & STONE

By: __/s/ Simone R. Siex____

David Wm. Boone
Ga. Bar No. 067730
Simone R. Siex
Ga. Bar No. 645858
3166 Mathieson Drive
Atlanta, Georgia 30305
(404) 239-0305
 Case 1:04-cv-00137-BBM Document 28 Filed 03/17/05 Page 3 of 5

William S. Stone
Ga. Bar No. 684636

P.O. Drawer 70
Blakely, Georgia 39823
(229) 723-3045

SMITH, GAMBRELL & RUSSELL

By:____/s/______________________
Matthew W. Clarke
Ga. Bar No. 127430
David Brown
Ga. Bar No. 086975
Suite 3100, Promenade II
1230 Peachtree Street, N.E.
Atlanta, Georgia 30309-3592
(404) 815-3500
ALLEN MATKINS LECK GAMBLE
& MALLORY, LLP
Ed Green
515 South Figueroa Street
7th Floor
Los Angeles, CA 90071
(213) 622-5555
Attorneys for Defendants
Bombardier Aerospace Corporation
Bombardier, Inc.
 Case 1:04-cv-00137-BBM Document 28 Filed 03/17/05 Page 4 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

MARGARET RANDALL BOYDSTON, )

Individually, as Surviving )
Spouse of Thomas Price Boydston, )
and as Executrix Of the Estate )
of Thomas Price Boydston, and )
MICHELLE NORTON, Individually, ) Civil Action File No.
As Surviving Spouse of ) 1:04-CV-0137-BBM
Robert L. Norton, Jr., And as )
Executrix of the Estate )
of Robert L. Norton, Jr., )
)
Plaintiffs, )
)
vs. )
)
BOMBARDIER AEROSPACE )
CORPORATION, and BOMBARDIER )
INC., )
Defendants. )

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the Joint Motion

to Place Action in Abeyance has been sent by U. S. Mail, with adequate

postage affixed thereon, to the following attorneys of record:

Matthew W. Clarke, Esq.

David Brown, Esq.
Smith, Gambrell & Russell
Suite 3100, Promenade II
1230 Peachtree Street, N.E.
Atlanta, Georgia 30309-3592

Ed Green, Esq.
Allen Matkins Leck Gamble & Mallory, LLP
515 South Figueroa Street
Los Angeles, CA 90071
Case 1:04-cv-00137-BBM Document 28 Filed 03/17/05 Page 5 of 5

Dated this _17_ day of March, 2005.

By: __/s/ Simone R. Siex___

Simone R. Siex