Introduction

Click here for frequently asked questions about filing in the Drywall Litigation.

Current Developments
Last Updated: October 22, 2014
October 21, 2014

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.

September 18, 2014

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation

August 13, 2014

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.

July 17, 2014

On this date, the Court conducted a Judgment Debtor Examination. Defendant Taishan Gypsum refused to appear as required by the Court's prior order. Consequently, the Court held Taishan Gypsum in contempt of court and issued appropriate sanctions. CONTEMPT ORDER

Also on this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation

June 17, 2014

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.

May 20, 2014

On this date, the United States Court of Appeals for the Fifth Circuit issued an OPINION in the Mitchell, Gross, and Wiltz cases. The Fifth Circuit affirmed this Court's previous decision regarding this Court's jurisdiction over Defendant Taishan Gypsum Company, Limited and Tai'an Taishan Plasterboard Company, Limited.

Also on this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation

May 2, 2014

On this date, the U.S. Department of Health and Human Services issued a REPORT regarding the possible health implications from exposure to sulfur gases emitted from Chinese-manufactured drywall

April 17, 2014

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.

March 13, 2014

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation

January 28, 2014

On this date, the United States Court of Appeals for the Fifth Circuit issued an opinion in the Germano matter. The Fifth Circuit affirmed this Court's previous decision regarding this Court's jurisdiction over Defendant Taishan Gypsum Co. Ltd.

December 9, 2013

On this date, the Court issued an Order approving the Other Loss Claim Form in each of the Four Virginia-based Chinese Drywall Class Settlements. The Other Loss claim filing deadline is March 17, 2014.

October 24, 2013

On this date, the Court issued an Order approving the Real Property Claim Form and establishing the real property claim filing deadline of December 16, 2013 in each of the four Virginia-based Chinese Drywall Class Settlements.

Online Video Tutorials for Claim Submission

The Court has ordered that a Settlement Administrator create a system for the submission and management of claims for five interrelated settlements involving the Knauf entities, several downstream entities, and their insurers. Pursuant to the Court's instructions, the Settlement Administrator has created a series of online training videos to assist claimants in using the Chinese Drywall Settlement Program Web Portal to submit and manage claims. These training videos provide step-by-step instructions for submitting online Claim Forms. All videos will open in Windows Media Player. If you have questions about the online claim filing system, or if you would like a live tutorial, email CDWQuestions@browngreer.com or call (866) 866-1729 to contact the Settlement Administrator directly. Please do not contact the Court with questions about the claim filing system.

September 17, 2013

On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation

July 9, 2013

On this date, the Court issued an Order and Judgment certifying settlement classes and granting final approval to four pending settlements (the “Virginia Settlements”) involving claims brought by certain homeowners located primarily in Virginia against several downstream entities and their insurers. (R. Doc. 16934).

June 24, 2013

On this date, the Court issued an Order extending the registration deadline relating to the five inter-related settlements involving claims against the Knauf entities, certain downstream entities, and their insurers. The claims registration deadline is now July 8, 2013.

April 25, 2013

On this date, the Court issued an Order Appointing a Special Master to Assist the Court in the Allocation of Funds From the Four Class Settlements Relating to Virginia and Certain Other Remaining Claims. The Court also issued an Order Appointing an Allocation Committee for the Four Class Settlements Relating to Virginia and Certain Other Remaining Claims. Finally, the Court issued an Order Appointing Allocation Committees for the INEX and Global Settlements and Approving Allocation Plans for the INEX, Banner and Global Settlements.

April 9, 2013

On this date, the Court issued an Order extending deadlines relevant to the Virginia settlements. The objection and opt-out deadline is now May 16, 2013. The Fairness Hearing will take place following the May Monthly Status Conference, on May 21, 2013. The proposed allocation plan can be found here.

March 27, 2013

On this date, the Court issued an Order governing registration of claims for five pending settlements involving the Knauf entities, several downstream entities, and their insurers. The registration form is available at https://chinesedrywallclass.com. The form may also be submitted in hard copy form and is attached to the Order. All registration forms must be submitted on or before Saturday, May 25, 2013.

March 21, 2013

On this date, the Court issued an Order setting for hearing a Motion seeking approval of proposed allocation plans for the Banner, Global, and INEX settlements. The Banner allocation plan can be found here. The Global allocation plan can be found here. The INEX allocation plan can be found here.

February 7, 2013

On this date, the Court issued an Order and Judgment certifying settlement classes and granting final approval to five pending settlements involving the Knauf entities, several downstream entities, and their insurers. (R. Doc. 16570).

December 11, 2012

On this date, the Court issued a Judgment in favor of Defendant Interior Exterior Building Supply, L.P. and its insurer, North River Insurance Company, in accordance with the jury verdict in this bellwether trial. The jury found that Interior Exterior was not liable as a bad faith seller under Louisiana’s law of redhibition.

October 16, 2012

On this date, the Court issued an Order setting deadlines relevant to the Joint Fairness Hearing on all pending settlements, which is scheduled to begin on November 13, 2012. (R. Doc. 15951)

September 4, 2012

On this date, the Court issued an Order & Reasons denying Taishan's personal jurisdiction challenges and its request to vacate default judgments. (R. Doc. 15755).

June 4, 2012

On this date, the Court issued an Order consolidating, continuing, and scheduling relevant deadlines for the settlement agreements which have received preliminary approval from the Court.

March 29, 2012

On this date, the Court issued Pretrial Order 26, regarding already remediated homes.

March 20, 2012

On this date, the Court issued Pretrial Order 8B reappointing members to the Plaintiffs' Steering Committee for one year.

March 16, 2012

On this date, the Court issued Pretrial Order 9A regarding reporting common benefit time by state court counsel.

March 12, 2012

On this date, the members of the Banner Settlement Allocation Committee filed their Notice of Proposed Allocation Plan (R. Doc. 12912).

March 5, 2012

On this date, the Court issued an Order continuing the deadlines for the Interior Exterior settlement agreement, including the date for the Allocation Committee report and the date for opt-outs and objections.

Also on this date, the Court issued an Order staying claims as a result of the Knauf Settlement Agreement and preliminary approval thereof.

February 10, 2012

On this date, the Court issued an Order resetting the Banner Allocation Committee report deadline and continuing the opt-out and objection deadlines for the Banner and Interior Exterior settlement agreements.

January 24, 2012

On this date, the Court issued Pretrial Order 1I regarding the preservation of physical evidence.

January 10, 2012

On this date, the Court issued an Order preliminarily approving the Knauf Settlement Agreement, issuing Class Notice, scheduling a settlement Fairness Hearing, and staying claims as to the Knauf defendants. See (R. Doc. 12138)

December 20, 2011

On this date, the Plaintiffs’ Steering Committee and Knauf Plasterboard Tianjin filed their global, class action Settlement Agreement with the Court, as well as a joint Motion for Preliminary Approval of this Agreement. See (R. Doc. 12061).

December 16, 2011

On this date, the Court issued orders continuing the dates for opt-outs and objections to the Banner and InEx class action settlement agreements.

December 15, 2011

On this date, the Court announced the global, class action settlement agreement between the Plaintiffs’ Steering Committee and Knauf Plasterboard Tianjin.

November 18, 2011

On this date, the Court issued two orders continuing relevant dates for the Interior Exterior and Banner settlement agreements, including the dates for opt-outs/objections and the fairness hearings. The Interior Exterior Order can be found here. The Banner Order can be found here.

November 16, 2011

On this date, the Court approved the Term Sheet Agreement for the Knauf Entities Settlement Agreements with Homebuilders. See (R. Doc. 10252). A copy of this Term Sheet without the sealed, confidential exhibits can be found here.

November 4, 2011

On this date, the Court issued Pretrial Order 25 regarding deadlines for submission of profile forms.

September 9, 2011

On this date, the Court issued an Order & Reasons resolving in part discovery issues involving the Taishan entities.

August 25, 2011

On this date the Court issued an Order Adjourning the Formal Fairness Hearing and Extending the Opt-out/Objection Period. See (R. Doc. 10185). This Order continues the dates for the opt-out and objection period and the formal fairness hearing on the Interior Exterior Settlement Agreement, rescheduling such dates so they are consistent with those for the Banner Settlement Agreement.

August 11, 2011

On this date the Court issued the Preliminary Approval Order of the Amended Banner Class Settlement Agreement and Exhibits. See (R. Doc. 10064). The Class Notice is attached to this Order.

June 14, 2011

On this date the Banner Settlement Agreement was announced, and the settling parties filed a Joint Motion for an Order: (1) Preliminarily Approving Stipulation and Agreement of Settlement; (2) Conditionally Certifying Class; (3) Issuing Class Notice; and (4) Scheduling Fairness Hearing, and a Joint Motion for Staying Claims as to Banner and Its Insurers.

May 13, 2011

On May 13, 2011, the Court issued a Preliminary Approval Order (R. Doc. 8818) of the InEx Settlement Agreement (R. Doc. 8628-3), including the Exhibits thereto.

Additionally, the Preliminary Approval Order requires the posting of Notice of Class Action Settlement.

March 24, 2011

On March 22, 2011, Taishan Gypsum Co. Ltd. and Tai’an Taishan Plasterboard Co. Ltd. filed a Supplemental Memorandum regarding photos of their trademarks which are required pursuant to Pretrial Order No. 10. The Court has now posted these trademarks under the "Photo Catalog" section for Pretrial Order No. 10 at "14A" on the "Pretrial Orders" link of this site.

February 9, 2011

The Court issued on this date: an Order & Reasons resolving certain CGL insurers' challenges to personal jurisdiction and an Order & Reasons resolving certain CGL insurers' indispensable party challenges.

January 12, 2011

The Court issued Pretrial Order No. 8A reappointing members to the Plaintiffs' Steering Committee.

The Court also issued an Order establishing a discovery, briefing, and hearing scheduled for a number of pending class certification motions.

December 16, 2010

The Court issued an Order & Reasons resolving motions to dismiss filed by homeowners’ insurers.

October 25, 2010

The Court issued Pretrial Order No. 1H regarding the PSC's Notice of Completion of Amendments to Omni Complaints.

October 14, 2010

The Knauf Entities and the Plaintiffs’ Steering Committee announced the execution of their Settlement Agreement for the Demonstration Remediation of Homes with KPT Drywall.

August 19, 2010

The Court issued an Order regarding a dispute which arose during a Federal Rule of Civil Procedure 30(b)(6) deposition on this date.

June 18, 2010

The Court issued a Minute Entry for the settlement conference between the parties scheduled to go to trial on June 21, 2010. In the Minute Entry, the Court issued a Partial Order of Dismissal in Case No. 09-7628, for Paul Clement & Celeste Schexnaydre Clement v. Knauf Plasterboard (Tianjin) Co. Ltd., and John Campbell v. Knauf Plasterboard (Tianjin) Co. Ltd.

May 27, 2010

The Court issued Pretrial Order #1G regarding uniform response times for notices of appearance, profile forms, and responsive pleadings.

May 11, 2010

The Court issued a Judgment in the Hernandez case and a Default Judgment in the Germano case.

April 27, 2010

The Court issued Findings of Fact & Conclusions of Law in the Hernandez matter. Additionally the Court issued the following pretrial orders:

  • Pretrial Order #22, regarding privileged communications between counsel and representatives of insurance companies;
  • Pretrial Order #23, creating an Insurer Profile Form and directing the appropriate parties to complete and submit this form; and
  • Pretrial Order #24, clarifying that recent document subpoenas issued by the Plaintiffs are to be treated as Federal Rule of Civil Procedure 34 document requests and setting deadlines for responding to these requests, and additionally continuing Rule 30(b)(6) depositions.
April 8, 2010

The Court issued Findings of Fact & Conclusions of Law in the Germano matter regarding the proper scope of remediation and costs of remediation for the seven Plaintiff-intervenors.

April 6, 2010

The Court issued Pretrial Order #20, creating an Insurer Committee, and Pretrial Order #21, creating a Retailer Profile Form.

March 19, 2010

The Court issued Pretrial Order #19, appointing a State and Federal Coordination Committee.

March 10, 2010

The Court issued Pretrial Order #1F regarding filing deadlines and instructions for all cases in the MDL.

February 12, 2010

The Court issued Pretrial Order #1E with regarding to lifting the stay on responsive pleadings in the Gross matter.

January 8, 2010

The Court issued Pretrial Order #1D, lifting the stay as to all responsive pleadings.

November 24, 2009

The Court issued an Order appointing Michael K. Rozen of Feinberg Rozen LLP as Special Master.

The Court issued Pretrial Order #1C amending Pretrial Order #1 by lifting the stay on motion practice, but continuing all motions filed in the MDL without date.

The Court issued Pretrial Order #13A amending Pretrial Order #13 creating a new Threshold Inspection Program protocol.

November 20, 2009

The Court issued an Entry of Preliminary Default in Germano v. Taishan Gypsum Co., Case no. 09-6687 against Defendant Taishan Gypsum Co., Ltd.

November 12, 2009

The Court issued a Notice indicating its intent to appoint Michael K. Rozen from Feinberg Rozen, LLP as special master. The parties may file a response to the Notice by Tuesday, November 17, 2009.

November 5, 2009

The Court issued Pretrial Order #18 appointing Phillip A. Wittmann to be the Homebuilders and Installers Liaison Counsel.

November 2, 2009

The Court issued Pretrial Order #17 recognizing and confirming KPT’s agreement to accept service of the PSC’s Omnibus Class Action Complaint. The Court will conduct a telephonic conference in which the Court will speak to the issues germane to this Order on November 4, 2009 at 11:00 a.m. CST. The dial-in phone number is (866) 213-7163; the conference ID number is 39396867.

October 19, 2009

Please note that the call-in phone number and access code for the monthly status conference scheduled for Thursday, November 19, 2009, at 9:00 am are 1-866-213-7163 and 37015918. This information can also be found on this website under the Calendar link.  

October 13, 2009

The Court issued Pretrial Order #14(A) which amends Pretrial Order #14, in order to properly reflect the agreement entered into by the parties in drafting the Exporter, Importer or Broker Defendant Profile Form. The revised Profile Form is attached and replaces the original Profile Form attached to Pretrial Order #14.

October 9, 2009

The Court issued Pretrial Order #1(B) amending Pretrial Order #1 and instituting a protocol for preservation of physical evidence.

September 28, 2009

The Court has issued three pretrial orders since the monthly status conference held on September 24, 2009. The Court issued Pretrial Order #14 approving an "Exporter, Importer or Broker Defendant Profile Form" and providing requirements for issuance and return of this form. The Court issued Pretrial Order #15 governing the treatment of all privileged or work product materials in the MDL. The Court issued Pretrial Order #16 regarding confidentiality.

Additionally, the Court has issued a Minute Entry for the monthly status conference.

September 25, 2009

Please note that the call-in phone number and access code for the monthly status conference scheduled for Thursday, October 15, 2009, at 9:00 am are 1-866-213-7163 and 32928545. This information can also be found on this website under the Calendar link.  

September 21, 2009

On September 4, 2009, the Court issued an Order granting the Exparte/Consent Joint Motion for Entry of Photographic Catalog of Drywall Markings. The Motion was submitted in response to Pretrial Order No. 10. The Photographic Catalog which was manually attached is now available on this Website. Photographic Catalog.

September 18, 2009

On this date, the Court issued Pretrial Order #2A amending Pretrial Order #2 to provide for a means of tracking remands in the MDL.

September 15, 2009

The next status conference will be held on September 24, 2009, at 9:00 a.m., central standard time, in the Courtroom of the Honorable Judge Eldon E. Fallon. Any interested persons unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 29626568 and the Chairperson will be Judge Fallon.

August 28, 2009

Please note that the call-in phone number and access code for the monthly status conference scheduled for Thursday, September 3, 2009, at 9:00 am are 1-866-213-7163 and 24991158. This information can also be found on this website under the Calendar link.

Also, on this date, the Court issued Pretrial Order #1A amending Pretrial Order #1 and the Minute Entry of August 11, 2009, to allow counsel to timely enter their appearance on behalf of their client(s) upon effectuation of service as an exception to the stay in effect.

August 27, 2009

On this date, the Court issued two pretrial orders. The Court issued Pretrial Order #13 instituting the Threshold Inspection Program ("TIP"). Additionally, the Court amended Pretrial Order #7 by issuing Pretrial Order #7B to appointment members to the Homebuilders’ Steering Committee.

August 24, 2009

On this date, the Court issued Pretrial Order #12 regarding the development of the Distributor Profile Form. Subsequently, in Pretrial Order #12A, the Court issued the Distributor Profile Form and an Order to distribute and return the form on or before September 8, 2009.

August 20, 2009

On this date, the Court issued Pretrial Order #10 regarding submission of photographic catalogs of markings, brands, endtapes, and other identifying markers found in affected homes.

August 17, 2009

On this date, the Court issued Pretrial Order #11 requiring that Plaintiff and Defendant profile forms be distributed to the appropriate parties and filed and returned on or before September 2, 2009.

August 11, 2009

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel, including pre-trial orders, property inspections, Plaintiff and Defendant profile forms, preservation order, state court settings, state/federal coordination, discovery issues, Freedom of Information Act/ public records requests, trial settings in federal court, filings in the MDL, tolling agreement/suspension of prescription, class actions, motions in the MDL, insurance issues, service of pleadings electronically, master complaint, and the next status conference.

The monthly status conference was transcribed by Ms. Karen Anderson Ibos, Official Court Reporter. Counsel may contact Ms. Ibos at (504)589-7776 to request a copy of the transcript.

The next monthly status conference will be held on Thursday, September 3, 2009, at 9:00 a.m., CST. Any interested parties unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code is 24991158 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated August 11, 2009.

August 3, 2009

On this date, the Court issued Pretrial Order #7A amending Pretrial Order #7 removing certain members from the Defendants’ Steering Committee while adding Gary F. Baumann to the committee.

July 28, 2009

On this date, the Court issued Pretrial Order #9 regarding Plaintiffs' Counsel's Time and Expense submission.

July 27, 2009

On this date, the Court issued Pretrial Order #7, appointing listed members as Defendants' Steering Committee members and listing the responsibilities for same. The Court also issued Pretrial Order #8, appointing the listed attorneys to the Plaintiffs' Steering Committee, with Arnold Levin as lead counsel. The responsibilities for the members of the PSC were given as set forth in document.

July 20, 2009

On this date, the Court issued Pretrial Order #6 regarding Electronic Service.

July 9, 2009

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court delivered some brief introductory remarks and then proceeded to consider issues raised by Liaison Counsel, including Status of application for Steering and other committees, Service of Pleadings electronically through a service like LexisNexis, Separation of property damage from personal injury claims and deferral of class certification issues, Initial discovery on property damage claims/discovery limitation issues, Preservation of evidence/spoilation issue/remediation in hardship cases, Direct filing in MDL, Addition of new parties, Master Complaint, Response to Master Complaint, Response to Underlying Complaints, Service issues on foreign Defendants, Personal jurisdiction over foreign defendants and other pretrial motions for which particular discovery might be needed, Early Bellwether trials, State/Federal Coordination Order, Plaintiff time-billing guidelines, Other matters, and the Next Status Conference.

The monthly status conference was transcribed by Ms. Karen Anderson Ibos, Official Court Reporter. Counsel may contact Ms. Ibos at (504)589-7776 to request a copy of the transcript.

The next monthly status conference will be held on Tuesday, August 11, 2009, at 9:00 a.m., CST. Any interested parties unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code is 19729103 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated July 9, 2009.

July 9, 2009

On this date, the Court issued Pretrial Order #5A regarding the provision of attorney contact information to Liaison Counsel.

July 6, 2009

On this date, the Court issued Pretrial Order #5 regarding the service and docketing responsibilities of Liaison counsel.

July 2, 2009

On this date, the Court issued Pretrial Order #2 regarding procedures for the transfer of cases. The Court also issued Pretrial Order #3 designating Russ Herman as Plaintiffs’ Liaison Counsel, and Pretrial Order #4, appointing Kerry J. Miller as Defendants’ Liaison Counsel.

June 16, 2009

Pursuant to Pretrial Order #1, the initial pretrial conference will be held on Thursday, July 9, 2009, at 2:00 p.m. in the Courtroom of Judge Eldon E. Fallon.  See Calendar page for further details.

June 15, 2009

On this date the Court received the Transfer Order from the MDL Panel transferring nine (9) actions to the Eastern District of Louisiana.