Questions in the Drywall Litigation
- Question: I am a plaintiff/defendant or represent a party in
the Drywall MDL. Who do I contact with questions about the MDL?
Plaintiffs or their counsel are directed to contact Russ Herman,
Plaintiffsí Liaison Counsel, with questions. Mr. Herman may be
reached at 504-581-4892 or
Defendants or their counsel are directed to contact Kerry Miller,
Defendantsí Liaison Counsel, with questions. Mr. Miller may be
reached at 504-599-8194.
Homebuilders, installers, or their counsel are directed to
contact Phillip Wittmann, Homebuilders and Installers Liaison
Counsel, with questions. Mr. Wittmann can be reached at 504-593-0804
- Question: How do I register for electronic filing via Pacer
for the Eastern District of Louisiana?
attorneys who are already enrolled to use CM/ECF in another federal
E-filing Registration and Waiver of Training form needs to
completed and faxed to the Eastern Districtís Clerkís Office at
(504) 589-7698. Within 48 hours of faxing the form, a username and
password will be emailed to counsel, allowing them access to the
Eastern Districtís e-filing.
For attorneys who are not already enrolled to use CM/ECF in
another federal district, they may either file all documents on
paper pursuant to the Eastern Districtís Local Rules or register and
complete training to receive an e-filing account for the Eastern
District. The link for registration and training for e-filing in the
Eastern District is
Please see paragraph 10 of Pretrial
Order No.1 for more details.
- Question: If I am not licensed to practice law in the Eastern
District of Louisiana do I need local counsel and pro hac vice
admittance to the E.D. La.?
Answer: Pursuant to Pretrial Order No.
1, paragraph 12, attorneys admitted to practice and in good
standing in any United States District Court are admitted pro hac
vice in this litigation, and the requirements of Local Rules 83.2.6E
and 83.2.7 are waived. Association of local counsel is not required.
- Question: Iíve been served in the MDL. What do I do now?
The Court urges all parties to first acquaint themselves with the
Pretrial Orders issued in the MDL. These documents govern all
parties and all filings in the MDL. The Pretrial Orders can be found
on the Courtís website at
The Court also urges all parties to read through the most recent
Minute Entries from its monthly Status Conferences. These documents
can also be found on the Courtís website at
Upon reading these documents, counsel will learn that he or she
needs to do the following once he or she enters the MDL litigation:
- Provide the appropriate Liaison Counsel with contact
information for service pursuant to
Pretrial Order No. 5, using the form attached to
Pretrial Order No.5A.
- Sign up for
LexisNexis File & Serve to receive electronic service of
documents filed in the MDL pursuant to
Pretrial Order No. 6.
- Pursuant to Pretrial Order No.
1F, file a Notice of Appearance on behalf of your client
within 20 days of service of the Complaint. Numerous examples can
be found in the MDL docket.
- Complete and return the appropriate Profile Form to Liaison
Counsel pursuant to
Pretrial Order No. 11, Pretrial
Order No. 12 or Pretrial
Order No. 14A. Pursuant to Pretrial
Order No. 1F, Plaintiffs shall submit a Plaintiff Profile Form
within 40 days of filing a complaint, and Defendants shall submit
the appropriate profile form within 40 days of service of the
Complaint. Profile forms are to be provided to Liaison Counsel,
not filed with the Court or
LexisNexis File & Serve.
- Pursuant to Pretrial Order No. 1F,
all defendants are granted an automatic extension of time to
respond to Complaints. Responsive pleadings are now due 50 days
after service of the Complaint. It is not necessary to file a
consent motion for extension of time to respond to the Complaint.
Please also note that the previous stay on the filing of
responsive pleadings and motions was lifted in
Pretrial Order No. 1C,
Pretrial Order No. 1D, and
Pretrial Order No. 1E.
- Question: How do I file a document once my case has been
consolidated with the MDL?
Answer: Once your case is
consolidated into the MDL, all documents are to be filed into the
MDL master docket, not the individual case docket. Specifically, all
documents will be filed into the MDL case number, 09-md-2047. The
caption of each filed document must also denote that the document
references your specific individual case number, such as 09-6687.
Please see paragraphs 9 and 10 of Pretrial
Order No. 1 for more information.
Additionally, all documents must uploaded to
LexisNexis File & Serve pursuant to
Pretrial Order No. 6.
- Question: How do I find a document for a case that has been
consolidated with the MDL?
Answer: All documents filed
in a case after it has been consolidated with the MDL will be found
in the MDL docket, case no. 09-md-2047. Generally, only the
complaint will be found in the individual case docket. Each document
filed into the MDL is labeled either as applying to all cases in the
MDL or to a specific case in the MDL. To find documents filed in
reference to a specific case, do a "control + f" search in the MDL
docket report page and search the number of the individual case.
Additionally, all documents can be found in
LexisNexis File & Serve.
- Question: I want to file a motion and I know that the Local
Rules require a Notice of Hearing, but
Pretrial Order No. 1C provides that the hearing dates for all
motions are continued until the Court sets a special hearing date.
What hearing date do I use for my Notice of Hearing?
Use the Courtís next available civil motions hearing date (every
other Wednesday) as the hearing date in your Notice of Hearing. This
will prevent your motion from being marked deficient under the Local
Rules. But for practical purposes, once the motion is filed, the
Clerkís Office will terminate the hearing date on the record and set
a special hearing date as directed by the court.
- Question: I filed a motion, when will it be heard?
Answer: Pursuant to Pretrial Order
No. 1C, the hearing dates for all motions filed in the MDL are
continued until the Court sets the motion for a special hearing
date. At recent monthly status conferences, the Court has declared
its intent to, when appropriate, consider all pending motions,
categorize these motions, and set them for hearing.
- Question: I received notice that a motion was filed in the
MDL which relates to my case, when will this motion be heard and
when do I need to file a response?
Answer: Pursuant to Pretrial
Order No. 1C, the hearing dates for all motions are continued
until the Court sets the motion for a special hearing date. Then,
all responses to the motion are due two (2) weeks before the hearing
- Question: I would like to know about upcoming monthly status
conferences, hearings, and trials. Where can I find this
Answer: The Calendar link on the Courtís Drywall Website,
http://www.laed.uscourts.gov/Drywall/Calendar.htm, contains the
most up-to-date information on all monthly status conferences,
hearings, and trials in MDL 2047.
- Question: I filed a motion, will it be heard on oral
Answer: Pursuant to the Eastern Districtís Local Rule
78.1E, a party desiring oral argument must file a separate written
request for oral argument. Otherwise, the motion will be considered
by the Court based upon the briefs, taking the motion under
advisement on the allotted hearing date. There are numerous examples
of requests for oral argument in the MDL docket.