Case Developments
Last Updated: October 10, 2008
 

October 6, 2008 Pursuant to the Court’s Pretrial Order No. 19, the Court set forth certain guidelines regarding counsels’ conduct in depositions. Also on this day, the Court issued an Order and Reasons granting leave for Plaintiff’s to file their Second Supplemental and Amended Complaints.

October 3, 2008 On this date, Judge Engelhardt issued an Order and Reasons, which granted in part and denied in part the Defendant United States of America's Motion to Dismiss Plaintiff's FTCA and Contract Claims for Lack of Subject Matter Jurisdiction (Rec. Doc. 196).

October 1, 2008 On this date, a Stipulated Protective Order was issued by Magistrate Roby.

September 26, 2008 On this date, the Court held a status conference in chambers with liaison counsel, steering committee members, and counsel for the Government.  The Court also held a general status conference, open to all counsel, in the Courtroom.  The Court ordered that on or before Tuesday, October 14, 2008, the parties shall submit to the Court an agreed-upon proposed relating to the sale of FEMA trailers to the parties to use for testing purposes.  The Court further ordered that on or before Friday, October 3, 2008, the parties shall submit to the Court an agreed-upon proposed order relating to disruptions during depositions and other related conduct therein.  Also, the Court ruled that the Manufacturing Defendants' Motion to Enforce Pre-Trial Order No. 8 by Designating 56 Proposed Class Representatives (Rec. Doc. 637) is denied as moot.  The Court also scheduled the next conference with liaison counsel, committee members, and counsel for FEMA and the next general status conference, open to all counsel, for Friday, November 7, 2008 at 9:00 a.m. and 10:00 a.m., respectively. These matters are memorialized in the Court's Pretrial Order No. 18.

September 24, 2008 Pursuant to the Court's Order and Reasons, the Court granted in part and denied in part the Manufacturing Defendants' Motion to Strike (Rec. Doc. 696) relating to the list of proposed class representatives.

September 15, 2008 Pursuant to the Court's Pretrial Order No. 17, the Court ordered modifications to deadlines relating to the class certification hearing/submissions that initially were addressed in Pretrial Order No. 8 Doc. 287), and subsequently amended in Pretrial Order No. 13 (Doc. 564).

September 12, 2008 Pursuant to the Court's Pretrial Order No. 16, the Court ordered the following revision to Pretrial Order No. 13: "10. September 19, 2008 MDLC will submit Defendants' expert reports, addidavits, and resumes of all experts to be called at the class certification hearing."

September 9, 2008 Pursuant to this Order, the Court continued the class certification hearing/submission deadline from November 19, 2008 to Wednesday, December 3, 2008 at 9:00 A.m.  The Court also continued the date for initiating discovery on the merits, beyond that necessary for the December 3, 2008 class certification hearing, to Monday, December 1, 2008.  The Court set the deadline for deposing named class representative plaintiffs for Friday, October 24, 2008.

August 25, 2008 Pursuant to this Order, the court granted the Joint Motion For Disclosure of Plaintiff Testing Activity (Rec. Doc. 339).  This order related to the prior testing of emergency housing units (EHUs) and the required written notice of future testing activity.

August 22, 2008 Plaintiffs filed their List of proposed Class Representatives. (Rec. Doc. 666)

August 15, 2008 On this date, the Court held a status conference in chambers with liaison counsel, steering committee members, and counsel for the Government.  The Court also held a general status conference, open to all counsel, in the Courtroom.  The Court rules that on or before August 20, 2008, the parties are to meet and confer in order to specifically designate which individuals will be class representatives.  The Court also ruled that on or before August 22, 2008, Plaintiffs shall file a list of individuals who will be class representatives in this action.  The Court also scheduled the next conference with liaison counsel, committee members, and counsel for FEMA and the next general status conference, open to all counsel, for Friday, September 26, 2008 at 9:00 a.m. and 10:00 a.m., respectively. These matters are memorialized in the Court's Pretrial Order No. 15.

August 11, 2008 On this date, Magistrate Roby issued an Order , which extended the time to submit a Protective Order.

August 7, 2008 On this date, the Court held a telephone status conference wherein it explained that the August 1, 2008 Order (Rec. Doc. 601), signed by Magistrate Roby, merely limits the scope of discovery; it does not preclude discovery directed to any particular person or entity.  The Court further explained that Magistrate Roby's Order prioritizes ongoing discovery relative to Rule 23 class discovery.  Thus, the Court ordered that to the extent that Pre-Trial Order No. 14 (Rec. Doc. 605) indicated otherwise, is vacated.  Discovery on the merits, beyond that necessary for the November 19, 2008 class certification hearing, shall not be conducted, except by consent, until Monday, December 1, 2008, pursuant to Magistrate Roby's August 1, 2008 Order (Rec. Doc. 601). This matter is memorialized in the Court's Order dated August 7, 2008.

August 4, 2008 Pursuant to the Court's Pretrial Order No. 14, the Court ordered that each Plaintiff and each Defendant served with the Master Set of Interrogatories and Requests for Production of Documents shall answer and/or object within 105 days of May 1, 2008 (August 14, 2008).

August 1, 2008 Pursuant to this Order and Reasons, the Court ordered that the Motion to Dismiss Administrative Master Complaint on Behalf of Newly Added Defendants CMH Manufacturing Inc., Southern Energy Homes, Inc., Giles Industries, Inc., Sunray RV, LLC, Palm Harbor MFG., LP, and Palm Harbor Albemarle, LLC (Rec. Doc. 259) is GRANTED, without prejudice to the right of Plaintiffs to seek leave to amend, either by going forward with their pending contested motions for leave to amend (see Rec. Doc. 593 and 594), or by withdrawing those and filing new motions for leave to amend based on the Court's analysis herein.  Specifically, the Court ruled that sufficient facts have not been alleged to show that standing currently exists as to Newly-Added Defendants. Also on this date, Magistrate Roby issued an Order relative to case management and discovery. Also, on this date, Judge Engelhardt issued an Order which ruling on certain motions to dismiss based on its previous Order and Reasons located at Rec. Doc. 599.

July 31, 2008 Magistrate Roby issued an Order relative to Defendants' Motion for Protective Order Regarding Electronic Discovery (Rec. Doc. 531).

July 29, 2008 Magistrate Roby issued an Order relative to Plaintiffs' Motion for Entry of Proposed "Stipulated Protective Order" (Rec. Doc. 538).

July 24, 2008 Pursuant to the Court's Pretrial Order No. 13, the Court ordered certain revisions to Pre-Trial Order No. 8.

July 9, 2008 Magistrate Roby issued an Order and Reasons relative to the Motion for Protective Order on Merits Discovery (Rec. Doc. 408) .

July 2, 2008 On this date, the Court held a telephone status conference wherein it set certain deadlines relative to 30(b)(6) depositions. This matter is memorialized in the Court's Order dated July 2, 2008.

July 1, 2008 Pursuant to the Court's Pretrial Order No. 12, the Court ordered that each Plaintiff and each Defendant served with the Master Set of Interrogatories and Requests for Production of Documents shall answer and/or object within 90 days of May 1, 2008 (July 30, 2008) .

June 26, 2008 On this date, the Court held a telephone conference wherein it ordered that the deadline for testing new and unused units in Hope, Arkansas is extended from June 30, 2008 to July, 15, 2008. This matter is memorialized in the Court's Order dated June 26, 2008.

June 20, 2008 On this date, the Court held a status conference in chambers with liaison counsel, steering committee members, and counsel for the Government.  The Court also held a general status conference, open to all counsel, in the Courtroom.  The Court set a status conference in chambers with liaison counsel and Government counsel for Tuesday, July 22, 2008 at 1:00 p.m.  The Court also scheduled the next conference with liaison counsel, committee members, and counsel for FEMA and the next general status conference, open to all counsel, for Friday, August 15, 2008 at 9:00 a.m. and 10 a.m., respectively. These matters are memorialized in the Court's Pretrial Order No. 11.

June 10, 2008 Pursuant to this Order and Reasons, the Court denied the motions to stay and/or extend discovery, testing, and procedural deadlines. The Court noted, however, that it would entertain motions filed by newly-added defendants to extend specific deadlines for a specific number of days for good cause shown. Any deadline extensions granted will NOT be open-ended, nor will the Court stay this matter pending rulings on certain motions.

May 30, 2008 Pursuant to the Court’s Pretrial Order No. 10, the Court set forth specific rules regarding motion practice.

May 29, 2008 Pursuant to the Court’s Pretrial Order No. 9, the Court ordered that Plaintiffs’ Steering Committee’s (PSC) Motion to Compel Defendant United States/FEMA to Respond to Subpoena for Certain Information (Rec. Doc. 119) is DENIED in its entirety without prejudice to PSC’s right to re-urge this motion after the Court’s decision on class certification.

May 23, 2008 Pursuant to the Court’s Pretrial Order No. 8, the Court set additional deadlines regarding class certification.

May 12, 2008 On this date, the Court held a status conference in chambers with liaison counsel, steering committee members, and counsel for the Government. The Court also held a general status conference, open to all counsel, in the Courtroom. The Court ordered that Plaintiffs shall provide to opposing counsel and the Court an itemized response to the 42 documents sent by the Government to trailer recipients on or before May 19, 2008. On or before May 27, 2008, the Manufacturing defendants and the Government shall provide to opposing counsel and the Court a response to Plaintiffs’ response and proposal. The Court also scheduled the next conference with liaison counsel, committee members, and counsel for FEMA and the next general status conference, open to all counsel, for June 20, 2008 at 9:00 a.m. and 10:00 a.m., respectively. These matters are memorialized in the Court’s Order dated May 12, 2008.

April 22, 2008 Pursuant to the Court’s Pretrial Order No. 6, the Court set certain deadlines regarding class certification, including a class certification hearing to be held no later than November 19, 2008.

April 21, 2008 On this date, the Court held a telephone status conference with liaison counsel and counsel for the Government. The Court set a deadline of May 2, 2008 for the Government to provide to counsel and the Court a single copy of every notice, group communication, or other item disseminated by any Government agency to current or former trailer recipients and/or occupants relating to formaldehyde. The Court ruled that if any Government agency disseminates any future notices to current or former trailer recipients and/or occupants regarding formaldehyde, it shall provide the Court and counsel with a copy of such notice(s) and a general description of the intended recipients either before or at the time of its dissemination. Plaintiffs shall provide a tentative time-table to Defendants on May 2, 2008 of how soon Plaintiffs can provide Defendants with completed Fact Sheets for individuals other than named plaintiffs. The parties shall provide the Court with a list of all elements of class certification that will be litigated and all elements to which the parties can stipulate on May, 2, 2008. Also, Plaintiffs’ Steering Committee (PSC) Motion to Compel Defendant United States/FEMA to Respond to Subpoena for Certain Information (Rec. Doc. 119) is denied without prejudice in part and submitted in part. This motion may also be re-urged after the resolution of the class certification issue. These matters are memorialized in the Pretrial Order No. 5.

April 18, 2008 On this date, the Court held a status conference in chambers with liaison counsel and counsel for the Government. During this conference, the Court granted the Motion to Extend Certain Deadlines in Pretrial Order No. 3 (Rec. Doc. 125). The Court also set other deadlines relating to the testing of EHUs. Defendants shall provide the Court with a list of specific defenses for each of the 20 cases filed in this MDL on May 19, 2008. Last, the Court heard arguments on Plaintiffs’ Steering Committee (PSC) Motion to Compel Defendant United States/FEMA to Respond to Subpoena for Certain Information (Rec. Doc. 119). The Court set a telephone status conference for April 21, 2008 at 11:00 a.m. to further discuss this motion. These matters are memorialized in the Court’s Pretrial Order No. 4.

April 8, 2008 On this date, the Court held a telephone status conference with liaison counsel and counsel for the Government. During this conference, the Court set certain testing deadlines. These matters are memorialized in the Court’s Pretrial Order No. 3.

March 24, 2008 Pursuant to the Court’s March 24, 2008 Order, the Court issued an Order regarding Plaintiffs’ Counsel’s Time and Expense Submissions.

March 20, 2008 On this date, the Court held a status conference in chambers with liaison counsel, steering committee members, and counsel for the Government. The Court also held a general status conference, open to all counsel, in the Courtroom. During these conferences, Plaintiffs discussed filing a motion to compel the Government to respond to an outstanding subpoena. The Court ordered such motion to be filed on April 1, 2008 and set for hearing on April 18, 2008 at 9:30 a.m. Also discussed was the issue of whether to proceed as a class action versus a mass joinder. By April 15, 2008, Plaintiffs are to submit a proposal with respect to proceeding on a mass joinder basis, rather than as a class action, and issuing a joint notice regarding the action to prospective claimants. A draft of the joint notice shall be attached to this submission. This proposal will be discussed at the Court's April 18, 2008 conference with liaison counsel and counsel for FEMA. A status conference will be held in chambers with liaison counsel and counsel for FEMA on April 18, 2008 at 9:00 a.m. The Court also set a status conference in chambers with liaison counsel, committee members, and counsel for FEMA for May 9, 2008 at 9:00 a.m. A general status conference, open to all counsel, will be held in the courtroom of Judge Kurt Engelhardt on May 9, 2008 at 10:00 a.m. Within 7 days, counsel are to submit a proposed order regarding direct filings into the MDL action. These matters are memorialized in the Court’s Order dated March 20, 2008.

March 7, 2008 Pursuant to the Court’s March 7, 2008 Order, the Court ruled on objections and finalized the current version of the Plaintiff Fact Sheet.

March 4, 2008 Pursuant to the Court’s March 4, 2008 Order, the Court ordered the Government to search the FEMA Recovery and Response Action Tracking System ("FRRATS") database and produce to Liaison Counsel certain information relating to the emergency housing unit(s) ("EHU") for each of the represented Plaintiffs identified on the lists provided to the Government by Plaintiffs’ Liaison Counsel.

February 15, 2008 On this date, the Court held a status conference in chambers with liaison counsel. Government counsel participated by telephone. The status of the case was discussed. The Court ordered that if the parties cannot agree on a Joint Fact Sheet to be submitted on the February 29, 2008 deadline, then they should either submit competing versions or submit one version with their differentiations highlighted for the Court. These matters are memorialized in the Court’s Order dated January 30, 2008.

February 6, 2008 Pursuant to the Court’s February 6, 2008 Order, the deadline for the filing of the Master Complaint by the PSC is extended until March 18, 2008. All other dates as outlined in Pre-Trial Order No. 2, entered on January 30, 2008, remain unchanged.

January 30, 2008 On this date, the Court held a status conference in chambers with liaison counsel and counsel for the Government. The Court was advised that counsel for Plaintiffs, Defendants, and FEMA are presently negotiating the terms of a letter agreement regarding the testing of deactivated travel trailers. The Court is to be copied on the letter agreement once it is finalized and executed by all relevant persons. These matters are memorialized in the Court’s Order dated January 30, 2008. Also on this date, the Court issued Pretrial Order No. 2, wherein deadlines regarding the Master Complaint, F.R.C.P. 12(b) motions, the Master Answer, and amendments to third party claims were set. The procedure for adding the United States as a defendant was discussed. The Court also addressed Plaintiff Fact Sheets.

January 17, 2008 The general status conference was held on this date by Judge Kurt D. Engelhardt. At the conference, the Court set upcoming conference deadlines, discussed the Form 95 requirements, and denied the motion to amend complaint in the case of Nelson v. Gulf Stream Coach, Inc., et al. (E.D. La. Case no. 07-7494) (W.D., LA, Case No. 07-921, Rec. Doc. 21). These matters are memorialized in the Court’s Order dated January 17, 2008.

January 2, 2008 Pursuant to the Court’s January 2, 2008 Order, the Motion to Amend Protective Order (Rec. Doc. 72) is DENIED.

December 27, 2007 Pursuant to the Court’s December 27, 2007 Order, the Motion for Preliminary Injunction (Rec. Doc. 8) is DENIED.

December 20, 2007 Pursuant to the Court’s December 20, 2007 Order, the meeting with all counsel, originally set for Friday, January 18, 2008 at 9:30 a.m., is reset for Thursday, January 17, 2008 at 10:00 a.m. Also on this date, the Court issued a Protective Order Regarding Protocol For Testing Trailers.

December 13, 2007 On this date, the Court issued a Protective Order Concerning FEMA Testing of Housing Units.

November 6, 2007 Pursuant to Pretrial Order No. 1, the initial pretrial conference will be held on Friday, January 18, 2008 at 9:30 a.m. in the Courtroom of Judge Kurt D. Engelhardt.