Introduction

Current Developments
Last Updated: November 13, 2009
 

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.