617 Fed.Appx. 493 (6th Cir. 2015), 13-1469, In re Dow Corning Corp.

Docket Nº:13-1469
Citation:617 Fed.Appx. 493
Opinion Judge:PER CURIAM.
Party Name:In re: DOW CORNING CORPORATION, Reorganized Debtor. KATHY JEAN GATZA, Plaintiff-Appellant, v. DCC LITIGATION FACILITY, INCORPORATED, Defendant-Appellee
Attorney:Kathy Jean Gatza Plaintiff - Appellant, Pro se, Kiel, WI. For Dcc Litigation Facility, Incorporated, Defendant - Appellee: Robert D. Goldstein, Garan Lucow Miller, Grand Blanc, MI; Timothy J. Jordan, Garan Lucow Miller, Detroit, MI.
Judge Panel:Before: SUHRHEINRICH, ROGERS, and GRIFFIN, Circuit Judges.
Case Date:July 07, 2015
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 493

617 Fed.Appx. 493 (6th Cir. 2015)

In re: DOW CORNING CORPORATION, Reorganized Debtor.

KATHY JEAN GATZA, Plaintiff-Appellant,

v.

DCC LITIGATION FACILITY, INCORPORATED, Defendant-Appellee

No. 13-1469

United States Court of Appeals, Sixth Circuit

July 7, 2015

NOT RECOMMENDED FOR PUBLICATION

Editorial Note:

Sixth Circuit Rule 28(g) limits citation to specific situations. Please see Rule 28(g) before citing in a proceeding in a court in the Sixth Circuit. If cited, a copy must be served on other parties and the Court.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN.

Kathy Jean Gatza Plaintiff - Appellant, Pro se, Kiel, WI.

For Dcc Litigation Facility, Incorporated, Defendant - Appellee: Robert D. Goldstein, Garan Lucow Miller, Grand Blanc, MI; Timothy J. Jordan, Garan Lucow Miller, Detroit, MI.

Before: SUHRHEINRICH, ROGERS, and GRIFFIN, Circuit Judges.

OPINION

Page 494

PER CURIAM.

Kathy Jean Gatza, a Wisconsin citizen proceeding pro se, appeals the district court's grant of summary judgment in favor of DCC Litigation Facility, Inc. (DCC), based on untimeliness.

Gatza received silicone breast implants in 1984 and had them removed in 1992. The implant procedures took place in Wisconsin, where Gatza resides. Approximately two months after receiving the silicone implants, Gatza began to experience swelling, stiffness, and pain in her hands and feet, and she was diagnosed with rheumatoid arthritis in July 1984. According to Gatza, she now suffers from atypical connective tissue disease, rheumatoid arthritis, and fibromyalgia, all caused by the silicone implants.

In 1992, Gatza filed a claim in the multidistrict breast implant litigation in the Northern District of Alabama. She opted out of the class settlement as to Dow Corning, who manufactured the raw silicone materials in her implants. In 1995, Dow Corning filed for bankruptcy in the Eastern District of Michigan, and Gatza filed a proof of claim in the bankruptcy proceeding. After settlement negotiations with Gatza failed, DCC moved to certify the case for trial. The district court...

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