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Case Developments
Last
Updated: April 08, 2013
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April 2, 2013 On
this date, Special Master Dan Balhoff filed a Motion for Court Approval and Adoption of the Special Master's Recommendations Concerning Allocation and Objection Procedure, which will be submitted to the Court on the papers without oral argument on April 17, 2013.
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March 20, 2013 On
this date, the Court issued an Order approving the
Special Master’s Recommendations Concerning Methodology for Dispersing Pending Settlements.
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March 11, 2013 On
the Court issued Orders [26037] [26038] [26039] dismissing the claims of certain Louisiana, Mississippi, and Alabama plaintiffs against the United States.
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February 19, 2013 On
this date, the Court issued an Order dismissing certain cases pursuant to the Sun Valley, Inc. Settlement.
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February 6, 2013 On
this date, the Court issued an Order dismissing certain cases pursuant to the Northwood Manufacturing, Inc. Settlement.
Also on this date, the Court issued an Order dismissing certain cases pursuant to the Allen Camper Manufacturing Company, Inc. Settlement.
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January 25, 2013 On
this date, the Court issued an Order appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Sun Valley, Inc. Settlement.
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January 18, 2013 On
this date, the Court issued an Order appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Northwood Manufacturing, Inc. Settlement.
Also on this date, the Court issued an Order appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Allen Camper Manufacturing Company, Inc. Settlement. |
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December 21, 2012 On
this date, Special Master F. A. Little, Jr., issued a
Case Management Order to govern the dispute concerning common benefit attorney fees.
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December 13, 2012 On
this date, the Court issued an Order appointing the Honorable F. A. Little, Jr., Retired United States District Judge, as Special Master to gather evidence, as necessary, and render a report and recommendation on the dispute concerning common benefit attorney fees.
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November 14, 2012 On
this date, the Court issued an Order and Reasons
granting the motion of Special Master Daniel J. Balhoff to distribute the Manufactured Home Settlement Funds.
Also on this date, the Court issued an Order [25951] establishing a protocol for distributing the Manufactured Home Settlement Funds.
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September 27, 2012 On
this date at 10:30 a.m., a Fairness Hearing was held on the proposed
Manufacturer Class Settlement.
Also on this date, at 1:30 p.m., a Fairness Hearing was held on the proposed
Contractor Class Settlement.
Also on this date, the Court issued a Final Order and Judgment, granting the
Joint Motion for Final Approval of Manufacturer Class Settlement, granting
PSC Motion to Approve Deduction of Common Benefit Fees and Expenses from Manufacturer Class Settlement, and adopting
Special Master Daniel J. Balhoff’s recommendations on Incentive Awards.
Also on this date, the Court issued a Final Order and Judgment, granting the
Joint Motion for Final Approval of Contractor Class Settlement, granting
PSC Motion to Approve Deduction of Common Benefit Fees and Expenses from Contractor Class Settlement, and adopting
Special Master Daniel J. Balhoff’s recommendations on Incentive Awards.
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August 16, 2012 On
this date, the Court issued an Order and Reasons granting the contractor defendants’ motion for summary judgment and dismissing claims against the settling contractors in cases involving manufactured housing.
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July 27, 2012 On
this date, the Court issued an Order dismissing certain claims pursuant to the Fleetwood settlement.
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July 19, 2012 On
this date, the Court issued an Order dismissing certain claims for failure to make service and dismissing certain claims for failure to prosecute.
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July 6, 2012 On
this date, the Court issued an Order of Dismissal canceling
the jury trial and pretrial deadlines scheduled in Case 09-8630.
Also on this date, the Court issued an Order of Dismissal
canceling the jury trial and pretrial deadlines scheduled in Case 09-2916.
Also on this date, the Court issued an Order of Dismissal
canceling the jury trial and pretrial deadlines scheduled in Case 09-8534.
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July 3, 2012 On
this date, the Court issued an Order dismissing certain claims for
failure to make service and dismissing certain claims for failure to to
prosecute.
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July 2, 2012 On
this date, the Court issued an Order directing plaintiffs to show
cause why certain cases should not be dismissed for failure to comply with
Pre-trial Order 49.
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June 29, 2012
On this date, the Court issued an Order
dismissing certain claims for failure to prosecute.
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June 25, 2012
On this date, the Court issued an Order of
Dismissal canceling the jury trial and pretrial deadlines
scheduled in Case 09-2921.
Also on this date, the Court issued an Order dismissing certain
claims for failure to prosecute.
Also on this date, the Court issued an Order directing plaintiffs
to show cause why certain cases should not be dismissed for failure to
comply with Pre-trial Order 49.
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June 22, 2012
On this date, the Court issued an Order of
Dismissal canceling the jury trial and pretrial deadlines
scheduled in Case 09-2949.
Also on this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 10-2438.
Also on this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-4449.
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June 14, 2012
On this date, the Court issued an Order
modifying the term of Special Master Amanda Ballay.
Also on this date, the Court issued an
Order directing plaintiffs to submit a motion for default
judgment or show cause in writing why certain cases should not be dismissed
for failure to prosecute.
Also on this date, the Court issued an Order directing
plaintiffs to make service and/or obtain preliminary default or show cause
in writing for failure to do so.
Also on this date, the Court issued an Order denying
without prejudice pending motions to dismiss filed by settling defendants.
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June 8, 2012
On this date, Plaintiff’s Liaison Counsel filed a Notice of
Appeal as to certain Rule 54(b) Judgments dismissing Louisiana
plaintiffs’ claims against the United States.
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June 5, 2012
On this date, the Court issued an Order
dismissing certain cases for failure to comply with Pretrial Order No. 49
regarding matching.
Also on this date, the Court issued an Order dismissing
certain claims against defendants Superior Homes, LLC, Mitchell County
Industries, LLC, and Mitchell County Investments, LLC, based on failure to
cure certain service and call docket issues.
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May 31, 2012
On this date, the Court issued a Preliminary Approval Order
granting the Joint Motion for Preliminary Approval of Proposed
Manufacturer Class Settlement, as amended and supplemented in rec.
docs. [25655] [25646] [25664] [25665].
Also on this date, the Court issued a Preliminary Approval Order
granting the
Joint Motion for Preliminary Approval of Proposed Contractor Class Settlement,
as amended and supplemented in rec. docs. [25658] [25667].
Also on this date, the Court issued an Order dismissing
certain claims based on failure to cure certain service and call docket
issues.
Also on this date, the Court issued an Order granting
Motion for Entry of Default as to Stewart Park Homes, Inc. and American
Camper Manufacturing, LLC d/b/a Ameri-Camp.
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May 29, 2012
On this date, the Court issued an Order
dismissing certain claims based on failure to cure certain service and call
docket issues.
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May 23, 2012
On this date, Joint Report No. 31 was filed by
Contractor Defendants’ Liaison Counsel, Defendants’ Liaison Counsel, Insurer
Liaison Counsel, Plaintiffs’ Liaison Counsel, and counsel for the United
States of America.
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May 18, 2012
On this date, the Court
issued a Show
Cause Order requiring any party opposing entry of order
transferring referenced cases to show cause in writing by May 23, 2012, and
requiring parties designate record and file joint proposed Final Pretrial
Order by May 30, 2012.
Also on this date,
the Court held a Status Conference
in chambers with liaison counsel and committee members at 9:30
a.m. and a general status conference, open to all counsel, at 10:00
a.m.
Also on this date,
the Court issued Pretrial
Order No. 98 setting: (a) Fairness Hearings in two proposed
class settlements on Sept. 27, 2012, at 10:30 a.m. for manufacturer
settlement and 1:30 p.m. for contractor settlement; (b) May 25, 2012
deadline for filing Joint Motion for Preliminary Approval of Proposed Class
Settlement regarding the contractor settlement; and (c) May 25, 2012
deadline for filing all pleadings necessary to amend to the Joint Unopposed
Motion for Preliminary Approval of Proposed Class Settlement (Rec. Doc.
25226) for the manufacturer settlement.
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May 17, 2012
On this date, the Court
issued a Show
Cause Order requiring plaintiffs in referenced cases to show cause in writing by May 30, 2012, why referenced cases
should not be dismissed for failure to comply with matching requirements of
PTO No. 49.
Also on this date,
the Court issued an Order
requiring plaintiffs in referenced cases to achieve service and/or obtain
appearance by defendants in referenced cases within 15 days.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for April 18, 2013, 9:00 AM, and Jury Trial for
April 29, 2013, 8:30 AM, in 12-548 -- Ann M. Terrell v. Gulf Stream
Coach, Inc.
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May 16, 2012
On this date, the
Court entered an Order
and Reasons denying three Motions to Dismiss for Failure
to Comply with Pre-Trial Order No. 2 and 32 Relating to Plaintiff Fact
Sheets (Rec. Docs. 25379, 25445, 25449), filed by Defendant Forest River,
Inc.
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May 15, 2012
On this date, the
Court issued a Show
Cause Order requiring any party opposing entry of attached
Suggestion of Remand with MDL Panel to show cause in writing by May 30,
2012, and requiring parties designate record on remand and file joint
proposed Final Pretrial Order by May 30, 2012.
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May 11, 2012
On this date, the Court
issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for March 14, 2012, 9:30 AM, and Jury Trial for
March 25, 2013, 8:30 AM, in 09-8534 - Phillip Gioiello,
et al vs Vanguard Industries, et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for December 20, 2012, 10:00 AM, and Jury Trial
for January 7, 8:30 AM, in 09-8609 - Craig King, et al vs Starcraft RV, Inc., et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for February 7, 2013, 11:15 AM, and Jury Trial
for February 25, 2013, 8:30 AM, in 09-8613, Etta Varnado,
et al vs Starcraft RV, Inc.,
et al.
Also on this date,
the Court issued an Orders of
Dismissal [25566]
[25568]
[25569]
[25570]
[25571]
[25572]
[25573]
[25574]
[25575] canceling jury trials in Cases 09-8609, 09-8613, 09-3909, 09-5391, 09-6375,
09-7568, 09-8618, 10-2238, 10-2260.
Also on this date,
the Court entered an Order
and Reasons denying Motion to Dismiss for Failure to
Comply with Pre-Trial Order No. 2 and 32 Relating to Plaintiff Fact Sheets,
filed by Defendant Forest River, Inc.
Also on this date,
the Court entered an Order
and Reasons granting Motion for Leave to File Second
Amended Complaint, filed by Plaintiffs.
Also on this date,
the Court entered an Order
and Reasons denying twenty-two Motions to Dismiss for
Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to
Plaintiff Fact Sheets, (Rec. Docs. 25130 , 25131 , 25132 , 25135 , 25141 ,
25144 , 25146 , 25154 , 25174 , 25232 , 25233 , 25234 , 25235 , 25236 ,
25237 , 25238 , 25239 , 25240 , 25241 , 25243 , 25244 , 25245), filed by
Defendant Gulf Stream Coach, Inc.
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May 4, 2012
On this date, the Court
issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for February 21, 2013, 9:30 AM, and Jury Trial
for March 4, 2013, 8:30 AM, in 09-5391 - Latoya Bienemy,
et al vs Jayco, Inc.,
et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for February 21, 2013, 10:00 AM, and Jury Trial
for March 4, 2013, 8:30 AM, in 09-6375 - Tracy L. Simmons, Sr., et al vs Jayco, Inc., et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for March 7, 2013, 10:00 AM, and Jury Trial for
March 18, 2013, 8:30 AM, in 09-7568 - Donald Tanks vs
Jayco, Inc., et al.
Also on this date,
the Court entered an Order
and Reasons denying twelve Motions to Dismiss for Failure
to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff
Fact Sheets, (Rec. Docs. 25129 , 25133 , 25134 , 25136 , 25137 , 25138 , 25139
, 25140 , 25242 , 25143 , 25145 , 25190), filed by Defendant Gulf Stream
Coach, Inc.
Also on this date,
the Court entered an Order
and Reasons denying without prejudice the Motion for
Entry of Default Judgment, filed by plaintiffs.
Also on this date,
the Court entered an Order
and Reasons dismissing certain cases for failure to
achieve service and/or obtain appearance by defendant as ordered in Rec.
Docs. 24550 , 24551 , 24554 , 24555 , 24587, and
requiring to achieve service and/or obtain appearance by defendants as set
forth.
Also on this date,
the Court entered an Order
and Reasons granting Motion for Leave to Amend Complaint
to Add Gulf Stream and to Dismiss Keystone (Rec. Doc. 23498), and Motion to
Sever Claims of Brenda Sharett, Sandra Brooks,
and Sharett Brooks (Rec. Doc. 24066).
Also on this date,
the Court entered an Order
and Reasons denying without prejudice plaintiffs’ Motions
to Sever Claims and in the Alternative to Transfer or Remand (Rec. Docs. 25294 , 25295 , 25296 , 25298 , and 25301); and granting
in part and denying in part plaintiffs’ Motions to Sever Claims and in the
Alternative to Transfer or Remand (Rec. Docs. 25292 , 25293 , 25300 , and
25303).
Also on this date,
the Court entered an Order
adopting Special Master's Rulings and Recommendations on the
Objections and Appeals regarding Manufactured Housing Settlement.
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May 3, 2012
On this date, the
Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for February 28, 2013, 10:00 AM, and Jury Trial
for March 11, 2013, 8:30 AM, in 09-4449 - Dolores Joseph vs Forest River, Inc., et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for March 28, 2013, 9:00 AM, and Jury Trial for
April 8, 2013, 8:30 AM, in 09-4820, Anna Babineaux,
et al vs Forest River, Inc., et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting Final
Pretrial Conference for January 3, 2013, 11:15 AM, and Jury Trial for January
14, 2013, 8:30 AM, in 09-5298- George Ponthieux,
et al vs Forest River, Inc., et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting Final
Pretrial Conference for January 17, 2013, 11:15 AM, and Jury Trial for
January 28, 2013, 8:30 AM, in 09-7970 - Jayne Phillpott,
et al vs Forest River, Inc., et al.
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April 27, 2012
On this date, the
Special Master filed his Rulings
and Report on Objections and Appeals regarding the Manufactured Housing
Settlement.
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April 26, 2012
On this date, the Court
entered an Order
and Reasons denying the Motion to Remand filed by
plaintiff Ann M. Terrell.
Also on this date,
the Court issued an Order
severing for purposes of trial and scheduling trial dates in Case No.
12-548, Ann M. Terrell v. Gulf Stream Coach, Inc., et al.
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April 25, 2012
On this date, the Court
issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for February 28, 2013, 9:00 AM, and Jury Trial
for March 11, 2013, 8:30 AM, in 08-1094 - Henry Gaurtreaux,
et al vs Gulf Stream Coach, Inc.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting
Final Pretrial Conference for February 7, 2013, 9:15 AM, and Jury Trial for
February 25, 2013, 8:30 AM, in 08-4161 - Trang
Dang, et al vs Gulf Stream Coach, et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting Final
Pretrial Conference for March 7, 2013, 9:00 AM, and Jury Trial for March
18, 2013, 8:30 AM, in 09-2889 - Carolyn Doiron,
et al vs Gulf Stream Coach, et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting Final
Pretrial Conference for February 7, 2013, 9:00 AM, and Jury Trial for
February 25, 2013, 8:30 AM, 8:30 AM, in 09-2916 - Hattie Wagner vs Gulf Stream Coach, et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting Final
Pretrial Conference for January 17, 2013, 10:30 AM, and Jury Trial for
January 28, 2013, 8:30 AM, in 09-2944 Stephanie Pizani
vs Gulf Stream Coach, et al.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial deadlines and setting Final
Pretrial Conference for March 14, 2013, 9:00 AM, and Jury Trial for March
25, 2013, 8:30 AM, in 09-2949 - Verna Major vs
Gulf Stream Coach, et al.
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April 18, 2012
On this date, the Court
entered an Order
and Reasons denying the Motion to Dismiss for Failure to
Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff
Fact Sheets, as to plaintiffs Bernardita Abney, Brodrick Allen, and Linda Allen, filed by Defendant
Gulf Stream Coach, Inc.
Also on this date,
the Court entered an Order
and Reasons denying the Motion to Dismiss for Failure to
Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff
Fact Sheets, as to plaintiffs Delinda Adams and
Jamie R. Alexander, filed by Defendant Gulf Stream Coach, Inc.
Also on this date,
the Court entered an Order
and Reasons denying the Motion to Dismiss for Failure to
Comply with Pre-Trial Order No.32 Relating to Plaintiff Fact Sheets, as to plaintiff
Jerry Womack, filed by Defendant Morgan Buildings and Spas, Inc.
Also on this date,
the Court entered an Order
and Reasons denying the Motion for Leave to File Amended
Complaint, filed by plaintiffs Dorothy Butler, et al, (Rec. Doc. 24017),
and the Motion for Leave to File Second Amended Complaint filed by
plaintiffs Doris Tolliver, et al (Rec. Doc. 25016).
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April 11, 2012
On this date, the Court
entered a Judgment pursuant to Rule
54(b) in favor of the United States, dismissing the claims of the Louisiana
plaintiffs against the United States.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Darrius
Hill, et al v. Forest River, Inc., Civil
Action No. 10-4663.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Kasinda
Brumfield v. Pilgrim International, Inc., et al, Civil Action No. 10-2248.
Also on this date,
the Court entered an Order extending
deadline for filing Joint Motion for Preliminary Approval of Class
Settlement to April 13, 2012.
Also on this date,
the Court entered an Order and Reasons
denying the Motion o Remand to State Court filed by Plaintiffs in
Member Case No. 10-4120.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Swanica
Nero, et al v. Pilgrim International, Inc., et al, Civil Action No.
09-4730.
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March
27, 2012
On this date, Joint
Report No. 30 was filed by Contractor Defendants Liaison
Counsel, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs'
Liaison Counsel, and counsel for the United States of America.
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March
26, 2012
On this date, the Court
entered an Order severing for
purposes of trial member cases 08-1094, 08-4161, 09-2889, 09-2916, 09-2944,
09-2949, 09-4449, 09-4820, 09-5298, 09-5391, 09-6375, 09-7568, 09-7970,
09-8534, 09-8609, 09-8613.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Burt Sutton, et
al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-4950.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Shelly Amos, et
al v. Sunline Coach Company, et al, Civil Action No. 09-7124.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Antoine Turner,
et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-8382.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Beverly Jones,
et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-8602.
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March
23, 2012
On this date, the Court
entered an Order and Reasons granting
the Motion o Dismiss for Lack of Jurisdiction the
Remaining FTCA Claims of All Louisiana Plaintiffs or, in the Alternative
MOTION for Summary Judgment, filed by United States of America.
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March
22, 2012
On this date, the Court
held a Status Conference in
chambers with liaison counsel, committee members, and counsel for FEMA at
9:00 a.m. and a general status conference,
open to all counsel, at 10:00 a.m.
Also on this date,
the Court entered an Order requiring
that responsive pleadings shall be filed within fifteen (15) days in member
cases that have been set for trial: 09-6070, 09-2921, 10-2438, 10-2238,
10-2260, 09-4727, 09-8618, 09-8630, 10-1258, 09-3909, 10-196.
Also on this date,
the Court entered an Order requiring
that by March 29, 2012 each Settling Defendant shall complete its
Settlement Agreement and inform Settlement Co-Liaison Counsel whether it
will implement settlement through class procedure, and extending deadline for
filing Joint Motion for Preliminary Approval of Class Settlement to April
9, 2012.
Also on this date,
the Court issued Pretrial Order No. 97 [24924]
setting a Status Conference with liaison counsel and committee members for
May 18, 2012 at 9:15 A.M., and a General Status Conference (open to all
counsel) set for May 18, 2012 at 10:00 A.M.
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March
21, 2012
On this date, the Court
entered an Order and Reasons granting
Forest River's Motion for Reconsideration of Orders [24301] [24303]
previously granting Motions for Leave to Amend Complaints to Add
Plaintiffs, and setting motions to amend [24016] [24017] for submission
without oral argument on April 18, 2012.
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March
20, 2012
On this date, the United
States Court of Appeals for the Fifth Circuit entered Judgment [24884] affirming
the judgment of the District Court, dismissing the claims of Mississippi
and Alabama plaintiffs.
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March
16, 2012
On this date, the Court
entered an Order severing for
purposes of trial and scheduling trial dates in member cases 09-6070 and
10-2438.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for July
12, 2012, 9:30 AM, and Jury Trial for July 23, 2012, 8:30 AM, in James
Wallace, III, et al v. Gulf Stream Coach, Inc., 10-2438.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for August
2, 2012, 10:30 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Christina
Bean, et al v. Gulf Stream Coach, Inc., 09-6070.
Also on this date,
the Court entered an Order severing
for purposes of trial and scheduling trial dates in member cases 09-2921
and 09-8630.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for July
12, 2012, 8:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Valerie
Cooper, et al v. Forest River, Inc., et al, 09-2921.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for September
5, 2012, 11:30 AM, and Jury Trial for Tuesday, October 9, 2012, 8:30 AM, in
Johnnie Helmsetter, et al v. Forest River,
Inc., et al, 09-8630.
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March
15, 2012
On this date, the Court
entered Pretrial Order No. 96 appointing
Defendants’ Settlement Co-Liaison Counsel and setting deadlines for
implementation of settlements and for filing motions to sever plaintiffs in
mixed venue cases.
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March
14, 2012
On this date, the Court
entered an Order granting Motion
for Extension of Deadlines to Respond to Orders Regarding Service, only to
the extent that Plaintiffs are allowed until Thursday, April 5, 2012 to
respond.
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March
8, 2012
On this date, the Court
entered an Order extending an
additional 30 days within which to furnish opposing counsel with any
Plaintiff Fact Sheets that are received, pursuant to Pretrial Order No. 94.
Also on this date,
the Court entered an Order and Reasons granting
motion for reconsideration of order dismissing plaintiff James Burge and ordering
any party opposed to remand of James Burge’s claims to show cause in
writing on or before March 14, 2012.
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March
7, 2012
On this date, the Court
entered an Order and Reasons granting
[1] Motion for Entry of Rule 54(b) Judgment Dismissing Mississippi
Plaintiffs' Claims Against the United States, [2] Motion for Entry of Rule
54(b) Judgment Dismissing Alabama Plaintiffs' Claims Against the United
States, [3] Rule 12(b)(1) and 12(h) Motion to Dismiss Alabama Plaintiffs'
Claims Against the United States for Lack of Subject Matter Jurisdiction,
and [4] Rule 12(b)(1) and 12(h) Motion to Dismiss Mississippi Plaintiffs'
Claims Against the United States for Lack of Subject Matter Jurisdiction.
Also on this date,
the Court entered Judgment in favor
of the United States dismissing the remaining Mississippi plaintiffs’
claims against the United States.
Also on this date,
the Court entered Judgment in favor
of the United States dismissing the remaining Alabama plaintiffs’ claims against
the United States.
Also on this date,
the Court entered an Order and Reasons granting
motion to Dismiss with prejudice, for failure to comply with the terms of
the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff
Fact Sheets, filed by defendants Jayco
Enterprises, Inc., CH2M Hill Constructors, Inc., Fluor Enterprises, Inc.,
and Shaw Environmental, Inc.
Also on this date,
the Court entered an Order and Reasons granting
motion to Dismiss with prejudice, for failure to comply with the terms of
the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff
Fact Sheets, filed by defendants Jayco
Enterprises, Inc. and Shaw Environmental, Inc.
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March
6, 2012
On this date, the Court
entered an Order and Reasons continuing
Order to Show Cause to September 5, 2012.
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February
27, 2012
On this date, the
Court entered an Orders and Reasons granting
Motion to Dismiss for Failure to Comply with Pretrial Orders Relating to
Plaintiff Fact Sheets, filed by defendant Layton Homes Corp.
Also on this date,
the Court entered an Orders and Reasons
denying Motion to Dismiss for failure to comply with Pretrial Orders Nos. 2
& 32 relating to plaintiff fact sheets, filed by defendants Jayco, Inc. and CH2M Hill Constructors, Inc.
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February
24, 2012
On this date, the
Court entered an Order bifurcating
for trial the claims of certain plaintiffs in 10-2248, without prejudice to
defendants’ right to challenge venue.
Also on this date,
the Court entered an Orders and Reasons
granting Motion to Dismiss for Failure to Comply with Pretrial Orders
Relating to Plaintiff Fact Sheets, filed by defendant Layton Homes Corp.
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February
23, 2012
On this date, the
Court entered an Orders and Reasons denying
Motions to Remand filed by plaintiffs in 10-4118, 10-4119, 10-4125,
10-4126, 10-4127, 10-4128, 10-4130.
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February
22, 2012
On this date, the
Court entered an Orders and Reasons granting
Motion to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32
relating to plaintiff fact sheets, filed by defendants Jayco,
Inc., Jayco Enterprises, Inc., and Bechtel National,
Inc.
Also on this date,
the Court issued an Order requiring
plaintiffs to show cause regarding service issues.
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February
15, 2012
On this date, the
Court issued Orders [24550] [24555] requiring plaintiffs to show cause
regarding service issues.
Also on this date,
the Court issued Orders [24551] [24554] requiring plaintiffs to obtain
responsive pleading or preliminary default.
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February
14, 2012
On this date, the
Court issued an Order severing for
purposes of trial and scheduling trial date in member cases 09-4950 and
09-8602.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for May
31, 2012, 11:00 AM, and Jury Trial for June 18, 2012, 8:30 AM, in Burt
Sutton, et al v. Sunline Acquisition Company Ltd.,
No.09-4950.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for July
12, 2012, 10:00 AM, and Jury Trial for July 23, 2012, 8:30 AM, in Beverly
Jones, et al v. Sunline Acquisition Company Ltd.,
No.09-8602.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Dominick Goodman, et al,
v. Layton Homes Corp., Civil Action No. 09-4901.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Joyce Sylva, et al v. Skyline
Corporation, Civil Action No. 09-5648.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Dianne Griffin v. Skyline
Corporation, et al, Civil Action No. 09-8487.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Fenwick Hunter, et al v.
Skyline Corporation, Civil Action No. 10-2258.
Also on this date,
the Court issued an Order of Dismissal
dismissing case and canceling jury trial in Barbara Bernard, et al v.
Layton Homes Corp. Civil Action No. 10-2262.
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February
13, 2012
On this date, the
Court entered an Orders and Reasons granting
Motion for Reconsideration filed by plaintiff Inoka
Salter on behalf of Caitlyn McDavell.
Also on this date,
the Court issued an Order severing for purposes
of trial and scheduling trial date in member cases 09-4727 and 10-1258.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for August
16, 2012, 10:30 AM, and Jury Trial for September 4, 2012, 8:30 AM, in Earl
Ralleigh, et al v. Monaco Coach Corporation, No.09-4727.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for October
4, 2012, 8:30 AM, and Jury Trial for October 15, 2012, 8:30 AM, in George
Jones, et al v. Monaco Coach Corporation, No. 10-1258.
Also on this date,
the Court issued an Order severing for
purposes of trial and scheduling trial date in member cases 09-4730.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for August
2, 2012, 11:00 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Swanica Nero, et al v. Pilgrim International, Inc., et
al, No. 09-4730.
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February
9, 2012
On this date, the
Court entered an Orders and Reasons granting
Motion to Sever Claims and to Join Existing Action, filed by plaintiffs.
Also on this date,
the Court entered Orders [24498]
[24499] bifurcating for trial the
claims of certain plaintiffs in 10-2238 and 10-2260.
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February
8, 2012
On this date, the
Court entered Orders and Reasons [24474]
[24475] [24476]
[24477] granting Motion to Dismiss Certain
Plaintiffs, filed by defendant Gulf Stream Coach, Inc.
Also on this date,
the Court entered an Order and Reasons granting
Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to
Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Summary Judgment, and Alternative Motion to Dismiss for Failure
to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by
Defendant Layton Homes Corp.
Also on this date,
the Court entered an Order and Reasons granting
Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff
Fact Sheets, filed by Defendant Skyline Corporation.
Also on this date,
the Court entered an Order and Reasons denying
as moot Motion for Summary Judgment, and Alternative Motion to Dismiss for Failure
to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by
Defendant Layton Homes Corp., and dismissing certain plaintiffs.
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February
6, 2012
On this date, Joint Report No. 29 was filed by Contractor
Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison
Counsel, Plaintiffs' Liaison Counsel, and counsel for the United States of
America.
Also on this date, the
Court issued an Order severing for
purposes of trial and scheduling trial date in member cases 09-7124 and
09-8382.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for September
6, 2012, 8:30 AM, and Jury Trial for October 9, 2012, 8:30 AM, in Shelly
Amos, et al v. Sunline Acquisition Company, Ltd.,
et al, No.09-7124.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for July
12, 2012, 10:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Antoine
Turner, et al v. Sunline Acquisition Company,
Ltd., et al, No. 09-8382.
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February
3, 2012
On this date, the
Court held a Status Conference [24459]
[24460] in chambers with liaison
counsel, committee members, and counsel for FEMA at 9:00 a.m. and a general
status conference, open to all counsel, at 10:00 a.m.
On this date, the
Court issued an Order of Dismissal dismissing
case against Heartland Recreational Vehicles, LLC, and canceling jury trial
in Civil Action No. 09-5929.
Also on this date,
the Court issued an Order of Dismissal
dismissing case against Heartland Recreational Vehicles, LLC, and canceling
jury trial in Civil Action No. 10-2291.
Also on this date,
the Court issued an Order of Dismissal
dismissing case against Sunnybrook RV, Inc., and canceling jury trial in
Civil Action No. 10-2293.
Also on this date,
the Court issued an Order severing for
purposes of trial and scheduling trial date in member case 10-2248.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for June
14, 2012, 9:30 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Kasinda Brumfield, et al v. Pilgrim
International, Inc., et al, No. 10-2248.
Also on this date,
the Court issued an Order continuing
jury trial, previously set for July 30, 2012, to August 20, 2012, and pre-trial
conference, previously set for July 12, 2012, to August 9, 10:00 a.m., in Charles
Burns, et al v. Jayco, Inc., No. 10-2238.
Also on this date,
the Court entered an Amended Trial
Scheduling Order re-setting pre-trial deadlines in Charles
Burns, et al v. Jayco, Inc., No. 10-2238.
Also on this date,
the Court issued Pretrial Order No. 95 setting
a Status Conference for 3/22/2012 9:00 AM with liaison counsel and
committee members and a General Status Conference set for 3/22/2012 10:00
AM, open to all counsel.
Also on this date,
the Court issued an Order and Reasons granting
various Motions for Leave to File Amended Complaints, filed by plaintiffs.
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February
2, 2012
On this date, the
Court issued an Order and Reasons denying
Motions for Leave to File Amended Complaints, filed by plaintiffs.
Also on this date,
the Court issued an Order and Reasons denying
Motion for Reconsideration, filed by plaintiffs.
Also on this date,
the Court issued an Order and Reasons denying
Motions for Leave to File Amended Complaints, filed by plaintiffs.
Also on this date,
the Court issued an Order and Reasons denying
Motions for Leave to File Amended Complaints, filed by plaintiffs.
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January
30, 2012
On this date, the
Court issued an Order severing for
purposes of trial and scheduling trial dates in member cases 09-5929 and
10-2291.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for June
14, 2012, 9:00 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Isreal Brown v. Heartland Recreational
Vehicles, LLC, No. 09-5929.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for August
9, 2012, 10:00 AM, and Jury Trial for August 20, 2012, 8:30 AM, in Tuan
Nguyen v. Heartland Recreational Vehicles, LLC, No. 10-2291.
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January
27, 2012
On this date, the
Court issued an Order granting a
Motion to Sever the claims of the plaintiffs in member case 09-8618 against
Flour Enterprises, Inc. from the claims of those same plaintiffs against Jayco Enterprises, Inc.
Also on this date,
the Court issued an Order granting
a Motion to Sever the claims of the plaintiffs in member case 09-8487
against Flour Enterprises, Inc. from the claims of those same plaintiffs
against Skyline Corporation.
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January
26, 2012
On this date, the
Court issued an Order and Reasons denying
Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order
32 relating to Plaintiff Fact Sheets, filed by Defendants Morgan Building &
Spas, Inc. and Morgan Building Systems, Inc.
Also on this date,
the Court issued an Order and Reasons denying
Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order
32 relating to Plaintiff Fact Sheets, filed by Defendant Morgan Building
Systems, Inc.
Also on this date,
the Court issued an Order and Reasons denying
Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order
32 relating to Plaintiff Fact Sheets, filed by Defendants Morgan Building &
Spas, Inc. and Morgan Building Systems, Inc.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date,
the United States Court of Appeals entered an Order granting without prejudice
the appellants’ motion to dismiss the appeal in Earline Castanel v. Recreation By Design, LLC, Action No. 09-3251.
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January
25, 2012
On this date, the
Court issued an Order and Reasons granting
Motion for Summary Judgment filed by Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons granting
Motion for Summary Judgment and Alternative Motion to Dismiss with
Prejudice for Failure to Comply with Pretrial Order No. 32 Relating to
Plaintiff Fact Sheets, filed by Morgan Buildings & Spas, Inc. and
Morgan Building Systems, Inc.
Also on this date,
the Court entered an Order and Reasons granting
Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order
Nos. 2, 32 & 88, filed by defendant Recreation by Design, LLC.
Also on this date,
the Court entered an Order and Reasons granting
Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order
Nos. 2, 32 & 88, filed by defendant Recreation by Design, LLC.
Also on this date,
the Court issued an Order and Reasons granting
Motion for Summary Judgment, filed by Morgan Buildings & Spas, Inc. and
Morgan Building Systems, Inc.
Also on this date,
the Court entered an Order and Reasons denying
Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order
No. 32, filed by defendant Morgan Buildings & Spas, Inc.
Also on this date,
the Court entered an Order and Reasons granting
in part and denying in part a Motion to Dismiss For Failure to Comply with Pre-Trial
Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant
Liberty Mutual Insurance Company.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date,
the Court entered an Order and Reasons granting
Motion for Leave to File Amended Complaint filed by Plaintiffs.
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January
23, 2012
On this date, the
Court issued an Order severing for
purposes of trial and scheduling trial dates in member case 10-2293.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for June
14, 2012, 9:30 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Scott
Ihli, et al v. Sunnybrook RV, Inc., No.10-2293.
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January
20, 2012
On this date, the
Court entered a Trial Scheduling Order setting
pre-trial deadlines and setting Final Pretrial Conference for August 2,
2012 10:30 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Dominick
Goodman, et al, v. Layton Homes Corp., 09-4901.
Also on this date, the
Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for
September 27, 2012, 9:00 AM, and Jury Trial for October 15, 2012, 8:30 AM,
in Joyce Sylva, et al v. Skyline Corporation, 09-5648.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for July
12, 2012, 8:30 AM, and Jury Trial for July 23, 2012, 8:30 AM, in Dianne
Griffin v. Skyline Corporation, et al, 09-8487.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for August
16, 2012, 9:30 AM, and Jury Trial for September 4, 2012, 8:30 AM, in Fenwick
Hunter, et al v. Skyline Corporation, 10-2258.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for June
7, 2012, 9:00 AM, and Jury Trial for June 18, 2012, 8:30 AM, in Barbara
Bernard, et al v. Layton Homes Corp., 10-2262.
Also on this date,
the Court issued an Order severing for purposes
of trial and scheduling trial dates in member cases10-196 and 10-4663.
Also on this date, a Notice of Filing Bankruptcy was filed by
defendants Monaco Coach Corporation, Signature Motorcoach
Resorts Inc., Naples Motorcoach Resort Inc., Port
of the Isles Motorcoach Resort Inc., Outdoor
Resorts of Las Vegas Inc., Outdoor Resorts Motorcoach
Country Club Inc., Signature Resorts of Michigan Inc., La Quinta Motorcoach Resorts Inc., R-Vision Holdings LLC,
R-Vision Inc., R-Vision Motorized LLC, Bison Manufacturing LLC, and Roadmaster LLC.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for May
31, 2012, 10:30 AM, and Jury Trial for June 11, 2012, 8:30 AM, in Darrius Hill, et al v. Forest River, Inc.,
No. 10-4663.
Also on this date,
the Court entered a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for November
8, 2012, 9:30 AM, and Jury Trial for November 26, 2012, 8:30 AM, in Michelle
Abram, et al v. Gulf Stream Coach, Inc., No.10-196.
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January
19, 2012
On this date, the
Court issued an Order severing for
purposes of trial and scheduling trial dates in member cases 10-2262,
09-8487, 09-4901, 10-2258 and 09-5648.
Also on this date,
the Court issued an Order requiring
that filings in member cases 10-2238, 10-2260, 09-8618 and 09-3909 be served
on counsel in the member case, as well as liaison counsel.
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January
18, 2012
On this date, the
Court issued an Order and Reasons granting
Fluor Enterprises, Inc.'s Motion for Partial Judgment on the Pleadings and
to Dismiss Negligent Failure to Warn Claims in the Third and Fourth
Supplemental and Amended Administrative Master Complaint, and granting in
part and denying in part CH2M Hill Constructors, Inc.'s and Shaw
Environmental, Inc.'s Joint Rule12 (b)(6) Motion to Dismiss Failure to Warn
Claims in the Third and Fourth Supplemental and Amended Administrative
Master Complaints.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for
October 4, 2012, 9:00 AM, and Jury Trial for October 22, 2012, 8:30 AM, in Joseph
Quezergue, et al v. Jayco,
Inc., 09-3909.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for September
6, 2012, 8:00 AM, and Jury Trial for September 24, 2012, 8:30 AM, in Monique
Cambrice, et al, v. Jayco
Enterprises Inc., et al, 09-8618.
Also on this date,
the Court issued a Trial Scheduling Order
setting pre-trial deadlines and setting Final Pretrial Conference for July
12, 2012, 10:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Charles
Burns, et al v. Jayco, Inc., 0-2238.
Also on this date,
the Court issued a Trial
Scheduling Order setting pre-trial
deadlines and setting Final Pretrial Conference for August 9, 2012 10:30
AM, and Jury Trial for August 27, 2012, 8:30 AM, in Charles
Burns, et al v. Jayco, Inc., 0-2238.
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January
17, 2012
On this date, the
Court issued an Order severing for
purposes of trial and scheduling trial dates in member cases 10-2238,
10-2260, 09-8618, and 09-3909.
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January
13, 2012
On this date, the
Court issued an Order and Reasons granting
the Motion for Court Approval and Adoption of Special Master's
Recommendations on Methodology and Allocations relating to the Manufactured
Housing Settlement, filed by the Special Master.
Also on this date,
the Court issued an Order approving
and adopting the Special Master's Recommendations on Methodology and
Allocations and Supplemental Rulings and Recommendations, relating to the
Manufactured Housing Settlement.
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January
11, 2012
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with the Terms of the Court's
Pre-Trial Orders Nos. 2 and 32 Relating to the Production of Plaintiff Fact
Sheets, filed by defendants Jayco, Inc. and Fluor
Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial
Orders Nos. 2 and 32 Relating to the Production of Plaintiff Fact Sheets,
filed by defendants Starcraft RV, Inc., Bechtel
National, Inc., and CH2M Hill Constructors, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion for Leave to File Third Amended Complaint, filed by plaintiffs.
Also on this date,
the Court issued an Order and Reasons granting
the Motion for Summary Judgment filed by Defendants Morgan Buildings & Spas,
Inc. and Morgan Building Systems, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion for Summary Judgment filed by Defendants Morgan Buildings & Spas,
Inc. and Morgan Building Systems, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial
Order No. 32 Relating to Plaintiff Fact Sheets, filed by defendants Morgan
Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss the Duplicative Claims of Plaintiff Betty Vanderpool filed by Defendant Jayco
Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss the Duplicative Claims of Plaintiff Leslie Newman filed
by Defendant Jayco Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss the Duplicative Claims of Plaintiff Clayton Clark filed
by Defendant Jayco Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the Motion for Summary Judgment and Motion to Dismiss
with Prejudice for Failure to Comply with Pre-Trial Order No. 32 Relating
to Plaintiff Fact Sheets, filed by defendants Morgan Buildings & Spas,
Inc. and Morgan Building Systems, Inc.
Also on this date, Joint Report No. 28 was filed by Contractor
Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison
Counsel, Plaintiffs' Liaison Counsel, and counsel for the United States of
America.
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January
6, 2012
On this date, the Court
issued Pretrial Order No. 94 requiring
that each plaintiff named in an action which has been filed and/or
transferred to the MDL proceedings after September 2, 2011, shall comply
with the requirements of Pre-Trial Nos. 2 and 32 (serving Plaintiff Fact
Sheets) and the requirements of PTO 88 (providing answers in digital format
for the twenty-three key questions) by February 6, 2012.
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January
5, 2012
On this date, the Court
held a Status Conference in chambers with liaison counsel, committee
members, and counsel for FEMA at 9:00 a.m. and a general status conference, open to all counsel, at 10:00 a.m.
Also on this date,
the Court issued Pretrial Order No. 93 setting
a Status Conference for 2/3/2012 9:00 AM with liaison counsel and committee
members and a General Status Conference set for 2/3/2012 10:00 AM, open to
all counsel.
Also on this date,
the Court issued an Order and Reasons denying
the Motion for Reconsideration and in the Alternative Motion for New Trial,
filed by plaintiff Ora Brock, individually and on
behalf of Lionel Brock.
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January
3, 2012
On this date, the Court
issued an Order and Reasons granting in
part and denying in part the Motion to Dismiss for Failure to Comply with
Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by
defendant Recreation by Design, LLC.
Also on this date,
the Court issued an Order and Reasons denying
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design,
LLC.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the Motion to Dismiss for Failure to Comply
with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant
Recreation by Design, LLC.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the Motion to Dismiss for Failure to Comply
with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant
Recreation by Design, LLC.
Also on this date,
the Court issued an Order and Reasons denying
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design,
LLC.
Also on this date,
the Court issued an Order and Reasons denying
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Liberty Mutual Insurance
Company.
Also on this date,
the Court issued an Order and Reasons denying
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Liberty Mutual Insurance
Company.
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December
30, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and
32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
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December
21, 2011
On this date, the
Court issued an Order mandating that
mediation shall be held as set forth in the document, and ordering that
cases involving manufacturing defendants who do not mediate shall be
recommended for remand to their originating jurisdictions or, if filed in
this jurisdiction, set for trial in the summer of 2012.
Also on this date,
the Court issued an Order and Reasons granting
the Motion for Relief from a Judgment or Order filed by plaintiff Javious Magee.
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December
19, 2011
On this date, the
Special Master Dan Balhoff filed a Motion for Court Approval and
Adoption of Special Master's
Recommendations on Methodology and Allocations, and Supplemental Rulings and Recommendations.
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December
15, 2011
On this date, the
Court issued an Order and Reasons denying
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by
Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
denying the Motion to Dismiss with prejudice, for Failure to Comply with
Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendant Liberty Mutual Insurance Company.
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December
14, 2011
On this date, the
Court issued an Order and Reasons denying
as moot the Motion to Dismiss for Failure to Comply with Pre-Trial Orders
Nos. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Liberty
Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
and the Matching Requirements of Pre-Trial Orders No. 38, 49, and 68, by
Defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Sunnybrook RV, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendant Jayco, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendant Jayco, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendants Starcraft RV, Inc., Bechtel
National, Inc. and CH2M Hill Constructors, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendants Starcraft RV, Inc., Bechtel
National, Inc. and CH2M Hill Constructors, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendants Starcraft RV, Inc., Bechtel
National, Inc. and Shaw Environmental, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets,
filed by Defendants Jayco, Inc., Bechtel
National, Inc., Fluor Enterprises, Inc.
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December
7, 2011
On this date, the
Court issued an Order and Reasons denying
the Motion for New Trial and in the Alternative Motion for Relief from a
Judgment or Order by Plaintiff Laura Domingo, and the Motion for New Trial
and in the Alternative Motion for Relief from a Judgment or Order filed by
Plaintiff Penny Saunders.
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December
6, 2011
On this date, the
Court issued an Order and Reasons denying
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant
Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons
denying the Motion to Dismiss with prejudice, for Failure to Comply with
Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by
Defendant Forest River, Inc.
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December
2, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Bechtel National, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Starcraft RV, Inc. and Bechtel
National, Inc.
Also on this date,
the Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders
No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty
Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting in part and denying in part the Motion to Dismiss with
prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88
Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance
Company.
Also on this date,
the Court issued an Order and Reasons
denying the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Liberty Mutual Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting in part and denying in part the Motion to Dismiss with
prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88
Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance
Company.
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December
1, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco RV, Inc. and Bechtel National, Inc.
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November
30, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Starcraft RV, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for Leave to File Second Supplemental and Amended Complaint
filed by Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
denying the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Jayco, Inc., CH2M Hill
Constructors, Inc., and Fluor Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Jayco RV, Inc. and Bechtel
National, Inc.
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November
23, 2011
On this date, Joint Report No. 27 was filed by Contractor
Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison
Counsel, Plaintiffs' Liaison Counsel, and the United States of America.
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November
17, 2011
On this date, the
Court held a Status Conference in chambers with liaison counsel,
committee members, and counsel for FEMA at 8:30 a.m. and a general status
conference, open to all counsel, at 10:00 a.m.
Also on this date,
the Court issued Pretrial Order No. 92 setting:
(1) a Status Conference for 1/5/2012 9:00 AM with liaison counsel and
committee members and a General Status Conference set for 1/5/2012 10:00
AM, open to all counsel; and (2) a Status Conference for 2/3/2012 9:00 AM
with liaison counsel and committee members and a General Status Conference
set for 2/3/2012 10:00 AM, open to all counsel.
Also on this date, the
Court issued an Order and Reasons granting
two Motions for Reconsideration of Court’s October 19, 2011 Ruling,
filed by defendant Sentry Insurance A Mutual Company, and vacating previous Order and Reasons at
23235.
Also on this date,
the Court issued a Final Judgment,
Order and Reasons re:
Stipulation of Settlement, and Motion for Approval of Proposed Class
Settlement re: the Manufactured Housing Defendants.
Also on this date, the
Court issued an Order granting the
Motion to Approve Deduction of Common Benefit Expenses from Manufactured
Housing Class Settlement Fund filed by the Plaintiffs’ Steering Committee.
Also on this date,
the Court issued an Consent
Order granting in part and denying in part the Motion for Common
Benefit Attorneys’ Fees and Expenses filed by the Etter
law firm.
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November
16, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
denying the Motion for Leave to File Second Amended Complaint filed by Plaintiffs.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Skyline Corporation.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Skyline Corporation.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendants Jayco, Inc., Bechtel National,
Inc., and Fluor Enterprises, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendants Starcraft RV, Inc. and Bechtel
National, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Vanguard Industries of Michigan, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendants Jayco, Inc., Bechtel National,
Inc., and Fluor Enterprises, Inc.
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November
15, 2011
On this date, the
Court issued an Order and Reasons denying
the Motion for New Trial and in the Alternative, Motion for Relief from a
Judgment or Order filed by Plaintiffs Penny Saunders on behalf of D.G, Ashlyn Nechelle Simien, and Enchanti Vault.
Also on this date,
Special Master Dan Balhoff filed a Status Report re: Special
Master’s Recommendations re: Manufactured Home Class Representative Awards.
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November
2, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant
C. Martin Company, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Frontier RV, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Forest River, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Vanguard Industries of Michigan, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Frontier RV, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Frontier RV, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Frontier RV, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant
Recreation by Design, Inc.
Also on this date, Joint Report No. 26 was filed by Contractor
Defendants, Defendants' Liaison Counsel, Insurer Liaison Counsel,
Plaintiffs' Liaison Counsel, and the United States of America.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Forest River, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Recreation by Design, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendants Jayco Enterprises, Inc. and Jayco, Inc.
Also, on this date,
the Court issued an Order and Reasons
granting the Motion to for Leave to File Amended Complaints, filed by plaintiffs.
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October
31, 2011
On this date, the
Court issued an Order of Dismissal dismissing
claims of bellwether plaintiffs Charles Marshall, Sonya Andrews, and Laura Demetriace Batiste against Sun Valley, Inc., Colony National
Insurance Company, and Westchester Surplus Lines Insurance Company, the
parties having reached a settlement, and canceling the bellwether trial set
for January 23, 2012.
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October
24, 2011
On this date, the
Court issued an Order and Reasons granting
the Joint Motion for Appointment of Special Master Amanda Ballay.
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October
21, 2011
On this date, the
Court held a Status Conference in chambers with liaison counsel, committee
members, and counsel for FEMA at 8:30 a.m. and a general status conference, open to all counsel, at 10:00 a.m.
Also on this date,
the Court issued Pretrial Order No. 91 setting:
(1) a Status Conference for 11/17/2011 08:30 AM with liaison counsel and
committee members and a General Status Conference set for 11/17/2011 10:00
AM, open to all counsel; and (2) a Status Conference for 1/5/2012 08:30 AM
with liaison counsel and committee members and a General Status Conference set
for 1/5/2012 10:00 AM, open to all counsel.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Forest River, Inc.
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October
19, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Jayco Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons
granting in part and denying in part the Motion to Dismiss with
prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88
Relating to Plaintiffs Fact Sheets by defendant Sunnybrook RV, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for New Trial and in the Alternative Relief from
Judgment or Order, filed by plaintiff Penny Saunders.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for New Trial and in the Alternative Relief from
Judgment or Order, filed by plaintiff Laura Domingo.
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October
5, 2011
On this date, the Court
issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant
Crum & Forster Specialty Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Crum & Forster Specialty Insurance Company.
Also on this date,
the Court issued an Order and Reasons
denying the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Crum & Forster Specialty Insurance Company.
Also on this date,
the Court issued an Order and Reasons
denying the Motion for Entry of Lone Pine Order, filed by
defendants.
Also on this date,
the Court issued an Order and Reasons
granting the Joint Motion Joint to Dismiss Claims for Failure to Comply
with Order and Reasons Concerning Deadlines for Matching and Filing filed by
Defendants' Liaison Counsel.
Also on this date,
the Court issued an Order and Reasons
granting the Joint Motion Joint to Dismiss Claims for Failure to Comply
with Order and Reasons Concerning Deadlines for Matching and Filing filed by
Defendants' Liaison Counsel.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Crum & Forster Specialty Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Crum & Forster Specialty Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by defendant Crum & Forster Specialty Insurance Company.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for Disbursement of Fleetwood Settlement Funds
filed by the Special Master.
Also on this date,
the Court issued an Order adopting
the distribution protocol for Disbursement of Fleetwood Settlement Funds recommended
by the Special Master.
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September
27, 2011
On this date, the
Court issued an Order and Reasons denying
Motion for Leave to File First Supplemental and Amending Complaint filed by
Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
denying Motion for Leave to File First Supplemental and Amending Complaint
filed by Plaintiffs.
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September
23, 2011
On this date, the
Court issued an Order and Reasons denying
five Motions to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant
Sun Valley, Inc.
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September
22, 2011
On this date, the
Court issued an Order and Reasons denying
without prejudice the Motion to Dismiss with prejudice, for Failure to
Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact
Sheets by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
denying without prejudice the Motion to Dismiss with prejudice, for
Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to
Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
denying without prejudice in part, denying in part, and granting in
part the Motion to Dismiss with prejudice, for Failure to Comply with
Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by
Defendant Sun Valley, Inc.
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September
21, 2011
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders
No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets the Court issued an Order and Reasons denying the
Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant
Sun Valley, Inc.
Also on this date, Joint Report No. 25 was filed by Contractor
Defendants, Defendants' Liaison Counsel, Insurer Liaison Counsel,
Plaintiffs' Liaison Counsel, and the United States of America.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for Leave to File First Supplemental and Amending
Complaint filed by Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for Leave to File First Supplemental and Amending
Complaint filed by Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
granting the Motion for Leave to File First Supplemental and Amending
Complaint filed by Plaintiffs.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Jayco Enterprises, Inc., Shaw
Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises,
Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Jayco Enterprises, Inc. and Fluor
Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Starcraft RV, Inc. and Fluor
Enterprises, Inc.
Also on this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial
Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc., Shaw Environmental, Inc., CH2M Hill
Constructors, Inc. and Fluor Enterprises, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Jayco Enterprises, Inc. and CH2M
Hill Constructors, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendants Jayco Enterprises, Inc., Shaw
Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises,
Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Forest River, Inc. And Vanguard, LLC.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Forest River, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Sun Valley, Inc.
Also on this date,
the Court issued an Order and Reasons
granting the Motion to Dismiss with prejudice, for Failure to Comply
with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets
by Defendant Gulf Stream Coach, Inc.
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September
20, 2011
On this date, the
Court issued an Order and Reasons denying
the Motion for New Trial and or Reconsideration.
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September
16, 2011
On this date, the
Court held a Status Conference in chambers with liaison counsel,
committee members, and counsel for FEMA at 8:30 a.m. and a general status
conference, open to all counsel, at 10:00 a.m.
Also on this date,
the Court issued an Order and Reasons
denying the Motion to Withdraw Lambert & Nelson, PLC, Becnel Law Firm, LLC, Law Offices of Ronnie G. Penton, Law
Offices of Robert Becnel/Diane Zink, Gainsburgh, Benjamin, David, Meunier
& Warshauer, LLC, Parker Waichman
Alonso, LLP, and Sweet & Associates as attorneys for plaintiffs;
denying without prejudice the Motion to Dismiss Party for Failure to Comply
with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiff Fact Sheets
filed by Defendant Forest River, Inc.; and granting the Motion to Dismiss
With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2 & 32
Regarding Plaintiff Fact Sheets filed by Defendant Frontier RV, Inc.
Also on this date,
the Court issued Pretrial Order No. 90 setting:
(1) a Status Conference 10/21/2011 08:30 AM with liaison counsel and
committee members and a General Status Conference for 10/21/2011 10:00 AM,
open to all counsel; (2) a Status Conference for 11/17/2011 08:30 AM with
liaison counsel and committee members and a General Status Conference set
for 11/17/2011 10:00 AM, open to all counsel; and (3) a Status Conference
for 1/5/2012 08:30 AM with liaison counsel and committee members and a General
Status Conference set for 1/5/2012 10:00 AM, open to all counsel.
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September
13, 2011
On this date, the
Court issued an Order and Reasons denying
the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial
Order No. 32 Relating To Plaintiffs Fact Sheets.
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September
12, 2011
On this date, the
Court issued an Order and Reasons denying
the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial
Order No. 32 Relating To Plaintiffs Fact Sheets.
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September
9, 2011
On this date, the
Court issued an Order and Reasons granting
in part and denying in part the MOTION to Dismiss With Prejudice For
Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact
Sheets.
Also on this date,
the Court issued an Order and Reasons granting
the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order
No. 32 Relating To Plaintiffs Fact Sheets.
Also on this date,
the Court issued an Order and Reasons granting
the MOTION for New Trial and or Reconsideration.
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September
7, 2011
On this date, the
Court issued an Order and Reasons granting
in part and denying in part the MOTION to Dismiss With Prejudice For
Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact
Sheets.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the MOTION for Judgment on the Pleadings to Dismiss
the Third and Fourth Supplemental and Amended Administrative Master Complaints
Based on the Government Contractor Defense by defendant Fluor Enterprises,
Inc.
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September
2, 2011
On this date, the
Court issued Trial Scheduling Orders [22678,
22680, and 22682] for the January 23, 2011 Sun Valley
bellwether trial.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the MOTION to Dismiss With Prejudice For
Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the MOTION to Dismiss With Prejudice For
Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
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August
25, 2011
On this date, the Court
issued an Order continuing the SunValley bellwether trial set for October 17, 2011 to
January 23, 2012 at 8:30 a.m., and the Final Pretrial Conference to January
5, 2012 at 9:30 a.m.
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August
17, 2011
On this date, a STATUS REPORT was filed by the
Special Master Regarding Recommendations on Methodology.
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August
5, 2011
On this date, the USCA JUDGMENT was issued as mandate as
to the Notice of Appeal, filed by Plaintiff Alana Alexander.
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August
2, 2011
On this date, the Court
issued an Order resetting the Jayco summary jury trial for January 23-24, 2012.
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July
29, 2011
On this date, a STATUS REPORT was filed by the
Special Master Regarding Fleetwood Appeals.
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July
28, 2011
On this date, the Court
issued an Order continuing the Jayco summary jury trial, to be reset at a later date.
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July
27, 2011
On this date, the Court
issued an Orders and Reasons [22248, 22249, and 22250]
denying the MOTIONS to Dismiss Party for Insufficient Service of Process.
Also on this date,
the Court issued Orders and Reasons [22251,
22252, and 22253] denying MOTIONS for Reconsideration.
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July
18, 2011
On this date, the Court
issued an Order appointing John Perry
as Mediator in order to facilitate settlement discussions in connection
with Plaintiffs' claims against Defendants Shaw Environmental, Inc., Fluor
Enterprises, Inc., CH2M Hill Constructors, Inc., Bechtel National Inc., and
any other third-party installation/ maintenance contractors and "procurement"
parties, and for the purposes of exploring the potential for global
settlement as to any and all other non-manufacturer and non-government
defendants in this MDL.
|
|
July
15, 2011
On this date, the Court
issued Pretrial Order No. 89 which
followed the status conference set that day and which set certain upcoming
deadlines.
|
|
July
14, 2011
On this date, the Court
issued Orders and Reasons [22185 and 22187] on unopposed motions.
|
|
July
5, 2011
On this date, the Court
issued a Corrected Pretrial Order No. 88.
|
|
June
29, 2011
On this date, special
Master Daniel J. Balhoff filed his Status Report on Fleetwood Objection
Hearings.
Also on this date,
the Court issued Orders and Reasons [22134,
22135, 22136,
22137, 22138,
and 22139] on several unopposed motions.
|
|
June
24, 2011
On this date, the Court
issued an Order and Reasons granting
the MOTION for Entry of Pretrial Order Concerning Completion of Plaintiff
Fact Sheets, the Deficiency Process and Compilation of a Master Database of
Plaintiffs for Resolution of Claims filed by Plaintiffs' Liaison Counsel.
Also on this date,
the Court issued Pre-trial Order No. 88
outlining and amending the procedure contemplated in Pretrial Order No. 86.
(Rec. Doc. 20770), which will govern the Plaintiff Fact Sheet
("PFS") deficiency process going forward in this MDL.
|
|
June
15, 2011
On this date, the Court
issued an Order and Reasons [22053] granting the MOTION to Dismiss Party
Defendant Dutchmen Manufacturing, Inc. filed by Defendant.
|
|
June
8, 2011
On this date, the Court
issued an Order of Dismissal canceling
the June 13, 2011 Coachmen summary jury trial based on a resolution of the
matter.
|
|
May
26, 2011
On this date, the Court
issued an Order and Reasons denying a
Motion to Remand.
|
|
May
25, 2011
On this date, the Court
issued Orders and Reasons [21642, 21643, 21647,
21648, 21649,
21650, 21651,
and 21652] denying Motions to Remand.
|
|
May
13, 2011
On this date, the Court issued Pretrial
Order No. 87 which followed the status conference set that day and
which set certain upcoming deadlines.
|
|
May
6, 2011
On this date, the Court issued an Order
and Reasons denying the MOTION for Partial Judgment on the Pleadings to
Dismiss Mississippi Products Liability Claims in the 3rd & 4th
Supplemental and Amended Administrative Master Complaints filed by
Defendants Bechtel National, Inc. and CH2M HILL Constructors, Inc., and the
MOTION to Dismiss Plaintiffs' Mississippi Products Liability claims filed
by Contractor Defendant Fluor Enterprises, Inc.
|
|
May
5, 2011
On this date, the Court
issued Orders and Reasons granting as unopposed the following 3 motions:
(1) MOTION to Dismiss for Failure to Comply
with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Markalla LaFrance, Yascia
LaFrance, Sharon Prout, and Kyle LaFrance filed
by Defendant Crum & Forster Specialty Insurance Company; (2) MOTION to Dismiss for Failure to Comply with
Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Ashley
White, Joshua White, Geraldo Perez, & Maria Miranda filed by Defendant
Crum & Forster Specialty Insurance Company; and (3) the MOTION to Dismiss for Failure to Comply with
Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiff
Christopher Richard, Jr., filed by Defendant Crum & Forster Specialty
Insurance Company.
Also on this date,
the Court issued a 120 Day Order of
Dismissal canceling the KZRV bellwether trial set for May 16, 2011.
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|
May
3, 2011
On this date, Notices
of Filing bankruptcy were filed by Champion
Home Builders Co. and Homes of Merit,
Inc.
|
|
April
27, 2011
On this date, the Court
issued an Order and Reasons denying the
MOTION for Partial Judgment on the Pleadings on Negligence Claims in the
Third and Fourth Supplemental and Amended Administrative Master Complaints
filed by Defendant Fluor Enterprises, Inc., AND the Joint MOTION to Dismiss
Negligence Claims in the Third and Fourth Supplemental and Amended
Administrative Master Complaints filed by Contractor Defendants CH2M Hill
Constructors, Inc and Shaw Environmental, Inc.
|
|
April
21, 2011
On this date, the Court
issued an Order changing the trial date
for the Coachmen summary Jury Trial from June 20, 2011 to June 13, 2011.
|
|
April
20, 2011
On ths date, the Court issued the First Amended Summary Jury Trial Scheduling
Order for the Coachmen trial.
|
|
April
12, 2011
On this date, the Court
issued an Order and Reasons granting
the MOTION to Strike Venue Allegations in Plaintiffs' Third and Fourth
Supplemental and Amended Administrative Master Complaints (Rec. Doc. 4486
and Rec. Doc. 7688) filed by United States of America AND denying the
MOTION for Leave to File Fifth Supplemental and Amended Administrative
Master Complaint filed by Plaintiffs' Liaison Counsel.
|
|
April
8, 2011
On this date, the Court
issued Pretrial Order No. 86 regarding
Plaintiff Fact Sheets.
|
|
April
5, 2011
On this date, the Court
issued an Order and Reasons granting
the Motion for Preliminary Approval of Proposed Class Settlement.
On this same date,
the Court issued a preliminary approval Order
setting a Fairness hearing for Monday, August 22, 2011, at 9:00 a.m.
|
|
March
24, 2011
On this date, the Court
issued an Order noticing for submission
the Motion for Preliminary Approval of Proposed Class Settlement. Any
opposition memoranda to this motion shall be submitted on or before 3/28/2011.
Also, on this date,
the Court issued Pretrial Order No. 85,
which followed the status conference set that day and which set certain upcoming
deadlines.
|
|
March
16, 2011
On this date, the Court
issued several Orders and Reasons [20492,
20493, 20494,
20495] denying Plaintiffs’ Motions to
Remand to State Court.
|
|
March
15, 2011
On this date, the Court
issued an Order and Reasons denying
Plaintiff’s Motion to Remand to State Court.
|
|
March
10, 2011
On this date, the Court
issued an Amended Trial Scheduling Order
relating to the August 1, 2011 Jayco summary jury
trial.
|
|
March
9, 2011
On this date, the Court
issued an Order clarifying the intent
of Pretrial Order No. 68.
Also on this date,
the Court issued an Order and Reasons granting
the Motion for Court Approval and Adoption of Special Master's Recommendations
on Methodology and Allocations.
|
|
March
2, 2011
On this date, the Court
issued a Minute Entry from the March 2,
2011 oral argument, wherein the Court denied the defendants’ Motion in Limine to Exclude Expert testimony of Paul Hewett.
|
|
February
22, 2011
On this date, the
Court issued a summary jury trial Scheduling
Order for the June 20, 2011 Coachmen bellwether trial.
|
|
February
4, 2011
On this date, the
Court issued a Judgment in member
case no. 09-3818.
Also on this date, the
Court issued Pretrial Order No. 84,
which followed the status conference set that day and which set certain
upcoming deadlines.
|
|
February
2, 2011
On this date, the
Court issued an Order amending the
Order and Reasons (Rec. Doc. 19856) in the following respect: the correct
case number for the Ory matter on page 8
is 09-6224, not 09-6211.
Also on this date,
the Court issued an Order the amend the
Order and Reasons (Rec. Doc. 19899) to include a determination as to member
case 07-9228 Aldridge et al v. Gulf Stream Coach, Inc. et al
|
|
February
1, 2011
On this date, the
Court issued the Summary Jury Trial Order
for the June 20, 2011 Coachmen summary jury trial.
|
|
January
25, 2011
On this date, the
Court issued Order and Reasons denying
the Cross-Motion for Summary Judgment of NACS and granting the Cross-Motion
for Summary Judgment of Northfield.
Also on this date,
the Court issued the Summary Jury Trial
Order for the August 1, 2011 Jayco summary
jury trial.
Also on this date,
the Court issued the Scheduling Order for
the August 1, 2011 summary jury trial.
|
|
January
24, 2011
On this date, the
Court issued the final partial Order and
Reasons on the Motions to Dismiss at Rec. Docs. 18684, 18707, and
19080.
Also on this date,
the Court issued the Scheduling Order for
the March 28, 2011
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|
January
20, 2011
On this date, the
Court issued another partial Order and
Reasons on the Motions to Dismiss at Rec. Docs. 18684, 18707, and
19080.
Also on this date,
the Court issued the Summary Jury Trial
Order for the March 28, 2011 summary jury trial.
|
|
January
19, 2011
On this date, the
Court issued a partial Order and Reasons
on the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
Also on this date,
the Court issued an Order amending the
Order and reasons at Rec. Doc. 19856.
|
|
January
18, 2011
On this date, the
Court issued the Trial Scheduling Orders [19812,
19813, and 19814] for the October 17, 2011 bellwether
trial.
|
|
January
7, 2011
On this date, the Court
issued an Order striking certain
Amended Complaints from the record as untimely and for not requesting leave
to file.
|
|
December
29, 2010
On this date, the
Court issued an Order and Reasons the
PSC Motion of Dismissal Pursuant to Fleetwood Settlement.
Also on this date, the Court issued an Order
and Reasons denying the Motion for Entry of Order Concerning Summary
Jury Trial Involving Dutchmen Manufacturing, Inc.
|
|
December
23, 2010
On this date, the
Court issued an Order striking certain
Amended Complaints from the record as untimely and for not requesting leave
to file.
|
|
December
16, 2010
On this date, the
Court entered Pre-Trial Order No. 83,
which amends PTO 68.
|
|
December
15, 2010
On this date, the
Court issued an Order and Reasons granting
the Motion for Reimbursement of Certain Common Benefit Expenses from
Fleetwood Settlement Fund filed by Plaintiffs' Liaison Counsel.
Also on this date,
the Court issued Pre-trial Order No. 81
canceling the February 22, 2011 Dutchmen trial and resetting it for March
28, 2011. Other trial-related deadlines were given therein.
Also on this date,
the Court issued Pre-trial Order No. 82
canceling the March 28, 2011 Sun Valley trial and resetting it for October
17, 2011. Bellwether plaintiffs were named, and other trial-related
deadlines were given therein.
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|
December
14, 2010
On this date, the
Court issued the Trial Scheduling Order
for the June 20, 2011 Coachmen bellwether trial.
|
|
December
13, 2010
On this date, notices
of the Filing of Bankruptcy [18614, 18615, 18616,
18617, 18618,
18619, and 18620] were filed.
|
|
December
6, 2010
On this date, the
Court issued an Order and Reasons denying
the Joint Motion to Dismiss LPLA claims in the Third and Fourth
Supplemental and Amended Administrative Master Complaints filed by
Contractor Defendants CH2M Hill Constructors, Inc. and Shaw Environmental,
Inc., and the Motion for Partial Judgment on the Pleadings to Dismiss LPLA
claims in the 3rd & 4th Supplemental and Amended Administrative Master
Complaints filed by Defendant Fluor Enterprises, Inc.
|
|
December
3, 2010
On this date, the
Court issued Pre-trial Order No. 80 setting
the next general status conference for Friday, February 4, 2011, at
10:00 a.m.
|
|
December
2, 2010
On this date, the
Court issued Pre-trial Order No. 79 making
committee member re-appointments.
Also on this date,
the Court issued an Order and Reasons granting
in part and denying in part the Motion to Dismiss Plaintiffs' Third and
Fourth Amended Master Complaints filed by Contractor Defendants.
|
|
December
1, 2010
On this date, the
Court issued an Order resetting for
hearing on 12/29/10 the PSC Motion of Dismissal Pursuant to Fleetwood
Settlement (Rec. Doc. 16174).
|
|
November
29, 2010
On this date, the
Court issued an Order stating that
Anthony Dixon shall serve as the bellwether Plaintiff in the June 20, 2011
Coachmen Recreational Vehicle Company, LLC trial. Other trial-related
deadlines were given therein.
|
|
November
19, 2010
On this date, notices
of the Filing of Bankruptcy [18205, 18206, 18207,
18208, 18209,
18210, and 18211] were filed.
|
|
November
17, 2010
On this date, the
Court issued an Order canceling the
January 31, 2011 Jayco, Inc. Trial and resetting it
for August 1, 2011. Other trial-related deadlines were given therein.
|
|
November
12, 2010
On this date, the
Court issued an Order continuing the
deadline for the filing of the Joint Motion for Preliminary Approval of
Class Settlement to January 11, 2011.
Also on this date,
notices of the Filing of Bankruptcy [17930,
17931] were filed.
|
|
November
9, 2010
On this date, the
Court issued an Order continuing the
hearing on the "Plaintiffs’ Motion to Enjoin Conflicting State Court
Proceedings in Elkhart County, Indiana that Interfere with This Court’s
Continuing Jurisdiction Over This Litigation" (Rec. Doc. 17661) to
Wednesday, December 8, 2010, without oral argument.
|
|
November
8, 2010
On this date, notices
of the Filing of Bankruptcy [17880, 17881] were filed.
|
|
October
26, 2010
On this date, the
Court issued an Order and Reasons granting
the MOTION for Review of Taxation of Costs (issued by the Clerk of Court)
filed by United States of America.
Also on this date,
the Court issued the Trial Scheduling Order
for the January 31, 2011 Jayco, Inc. bellwether
trial.
|
|
October
25, 2010
On this date, the
Court issued an Order and Reasons granting
the Motion to Extend Time to Serve Defendant filed by Plaintiffs; only to
the extent that Plaintiff is allowed until Monday, November 15, 2010 to
perfect service on Defendant Davis Professional Accounting Services, L.L.C.
Also on this date,
the Court issued an Order and Reasons denying
motions for leave to amend complains to add new plaintiffs.
Also on this date,
the Court issued an Order and Reasons denying
the Motion for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment
under Rule 54(b) filed by Plaintiffs' Liaison Counsel and granting the
Motion to Certify for Interlocutory Review Pursuant to 28 U.S.C., Section
1292(b) the Court's May 18, 2010 Order Dismissing FTCA Negligence Claims of
All Louisiana Plaintiffs.
Also on this date,
the Court issued the Trial Scheduling Order
for the May 16, 2011 KZ RV, LP bellwether trial.
|
|
October
22, 2010
On this date, the
Court issued Pretrial Order No. 78 which
followed the status conference set that day and which set certain upcoming
deadlines.
|
|
October
19, 2010
On this date, the
Court issued an Order and Reasons granting
the Motion to Dismiss For Failure to Comply with Pre-Trial Order 32 filed
by Defendant William Scotsman, Inc.
|
|
October
12, 2010
On this date, the
Court entered the Order making the Jayco, Inc. Bellwether trial a summary jury trial.
|
|
October
5, 2010
On this date, the Court
issued a Trial Scheduling Order for the
February 22, 2011 bellwether trial.
|
|
September
22, 2010
On this date, the
Court issued an Order and Reasons granting
in part, denying in part the MOTION for Entry of Judgment under Rule 54(b)
by Defendant Recreation By Design, LLC.
On that same day, the
Court issued Judgment in favor of
Defendant Recreation By Design, LLC.
|
|
September
16, 2010
On this date, the
Court issued an Order canceling the
November 8, 2010 bellwether trial.
|
|
September
14, 2010
On this date, the
Court issued Pretrial Order No. 77 establishing
the procedure for participating in the Fleetwood settlement.
|
|
September
10, 2010
On this date, the
Court issued an Order and Reasons granting
Gulf Stream Coach, Inc.’s Motion to Strike Live Testimony of Plaintiff’s
Experts (Rec. Doc. 16065).
|
|
September
1, 2010
On this date, the
Court issued an Order and Reasons granting
the Special Master’s Motion to Establish Procedure for Compensation
(Rec. Doc. 15824).
|
|
August
31, 2010
On this date, several
Notices of Filing Bankruptcy [16050, 16051, 16052,
and 16053] were filed.
|
|
August
27, 2010
On this date, the Court
issued Pretrial Order No. 76 amending
Pretrial Order No. 75.
|
|
August
24, 2010
On this date, the Court
granted the Consent Motion for Entry of
Fed. R. Civ. P. 54(b) Judgment and this Court’s August 8, 2010, Order and
Reasons (Rec. Doc. 15061), dismissing all Alabama Plaintiffs’ Federal Tort
Claims Act ("FTCA"), 28 U.S.C. §§1346(b)(1),
2671-80, claims for lack of subject matter jurisdiction.
|
|
August
20, 2010
On this date, the Court
issued Pretrial Order No. 75, following
the status conferences held on that same day. See Order for various
deadlines given therein.
|
|
August
19, 2010
On this date, the Court
issued an Order and Reasons granting
the PSC Motion for Appointment of Disbursing Agent and Data Management
Consultant (Rec. Doc. 15065).
|
|
August
9, 2010
On this date, the Court
issued an Order and Reasons granting
the Defendant United States’ Motion to Dismiss the FTCA Claims of
All "Alabama Plaintiffs" for Lack of Subject-Matter Jurisdiction
Based Upon No Analogous Private Liability (Rec. Doc. 10656).
|
|
August
4, 2010
On this date, the Court
issued an Order granting the Consent
Motion for Entry of Fed. R. Civ. P. 54(b) Judgment and this Court’s June
23, 2010 Order and Reasons (Rec. Doc. 14486), dismissing Mississippi
Plaintiffs’ Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§1346(b)(1), 2671-80, claims for lack of subject matter
jurisdiction.
Also on this date,
the Court issued Pretrial Order No. 73,
relating to the November 8, 2010 bellwether trial.
Also on this date,
the Court issued Pretrial Order No. 74,
indicating that after the applicable deadlines have expired, all
"unmatched complaints" will be dismissed in their entireties upon
motion by defense liaison counsel. In so doing, the Court will thereby
dismiss any Plaintiffs who appear in any "unmatched complaints"
but not in any subsequently-matched amended complaints.
|
|
July
14, 2010
On this date, the Court
issued an AMENDED Pretrial Order No. 68.
|
|
July
7, 2010
On this date, the Court
issued Pretrial Order No. 72 following
the status conferences held on that same day. See Order for various
deadlines given therein.
|
|
July
2, 2010
On this date, the Court
issued an Order granting the Motion for
Extension of Deadlines to Extend Non-Litigation Track and Deadline to File
Joint Preliminary Settlement Agreement and Motion to Certify A Settlement
Class.
|
|
June
30, 2010
On this date, the Court
issued an Order granting the Motion to
Dismiss the claims of bellwether plaintiff Vanessa Jiles,
with prejudice.
|
|
June
25, 2010
On this date, a Notice of Filing of Bankruptcy was filed.
|
|
June
23, 2010
On this date, the Court
issued an Order and Reasons granting
the MOTION to Dismiss for Lack of Jurisdiction Claims of "Mississippi
Plaintiffs" Based Upon No Analogous Private Liability filed by United
States of America and dismissing for lack of subject matter jurisdiction
all of Mississippi Plaintiffs' FTCA claims.
Also on this date,
Notices of Filing of Bankruptcy [14523
and 14524] were filed.
|
|
June
18, 2010
On this date, the Court
issued an Order and Reasons granting in
part and denying in part the MOTION for Leave to File a Global Motion for
Leave to Amend and Add the United States Once all Plaintiffs' Claims are
Ripe as to the United States filed by Plaintiffs.
Also on this date,
the Court issued the Scheduling Order for
the November 8, 2010 Keystone bellwether trial.
|
|
June
11, 2010
On this date, the Court
issued an Order granting the Motion for
Appointment of Special Master. FURTHER ORDERED that Daniel J. Balhoff be appointed as Special Master herein, pursuant
to Rule 53 of the Federal Rules of Civil Procedure.
|
|
June
10, 2010
On this date, the Court
issued an Order and Reasons granting in
part and denying in part the MOTION Entry of Judgment filed by Defendants
Forest River, Inc. and Shaw Environmental, Inc.
Also on this date,
the Court issued a Judgment relevant
to the Wright bellwether trial.
Also on this date,
the Court issued an Order denying the
MOTION to Amend/Correct /Convert Dismissal of Bellwether Plaintiffs' Claims
Without Prejudice to With Prejudice re Notice of Voluntary Dismissal as to
claims of plaintiff Robin Lewis against Fluor Enterprises, Inc, and re Notice of Voluntary Dismissal as to claims
of Easton Charles, Jr. against Fluor Enterprises, Inc.
|
|
June
9, 2010
On this date, the Court
issued Pretrial Order No. 71, canceling
the June 25, 2010 status conferences and resetting them for Wednesday, July
7, 2010 at 8:30 a.m. and 10 a.m.
|
|
June
8, 2010
On this date, the Court
issued an Order, converting the
September 2010 Gulf Stream bellwether trial to a summary jury trial.
|
|
June
3, 2010
On this date, the Court
issued Pretrial Order No. 70, relative
to the November 2010 Keystone bellwether trial.
|
|
June
2, 2010
On this date, the Court
issued Pretrial Order No. 69 canceling
the October 18, 2010 bellwether trial.
|
|
May
26, 2010
On this date, the Court
the Court issued PRETRIAL ORDER NO. 68 CONCERNING
DEADLINES FOR MATCHING AND FILING.
Also on this date,
the Clerk of Court issued Bills of Costs [14270
and 14271] for the castanel
and wright trials.
|
|
May
19, 2010
On this date, the Court
issued an ORDER AND REASONS granting the MOTION for
Extension of Deadlines to Match certain Plaintiffs Pursuant to Pretrial
Order Nos. 40 and 49 and 53 filed by Plaintiffs; extension of 30 days from
the entry of this Order to match to manufacturers and contractors/installers.
|
|
May
18, 2010
On this date, the Court
issued the ORDER AND REASONS granting the MOTION to
Dismiss for Lack of Jurisdiction the FTCA Negligence Claims of All "Louisiana
Plaintiffs" Based Upon No Analogous Private Liability filed by United
States of America (6970).
|
|
May
14, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS granting in part,
denying in part the MOTION for Daubert Hearing to
Exclude Expert Testimony of Paul Hewett filed by Defendant Recreation By
Design, LLC. (13600);
-ORDER AND REASONS that all objections to
exhibits are REFERRED TO TRIAL, with certain caveats.
|
|
May
13, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION in Limine to Exclude Testimony of plaintiff's expert Dr. Lawrence
Miller filed by Defendant Recreation By Design, LLC. (13298);
- ORDER AND REASONS denying the MOTION in Limine to Exclude References to Certain Incidents
Relating to Dr. Miller filed by Plaintiffs' Liaison Counsel (13330);
-ORDER AND REASONS re the MOTION for Daubert Hearing to Exclude Expert Testimony of Dr.
Lawrence Miller filed by Defendant Recreation By Design, LLC. (13599);
-ORDER AND REASONS denying the MOTION for
Reconsideration re Order granting
plaintiff's motion to add one additional witness, filed by defendant by
Recreation by Design, LLC.(14054).
Also on this date,
the Court issued Pretrial Order No. 67 relating
to the cancellation of the July 2010 Keystone bellwether trial and
discussing the setting of the next Keystone bellwether trial.
|
|
May
12, 2010
On this date, the Court
issued an ORDER AND REASONS granting in part,
denying in part the MOTION in Limine to Exclude
Opinions and Testimony of Alexis Mallet filed by Defendant Recreation By
Design, LLC (13315).
|
|
May
11, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS re the MOTION in Limine to Exclude Plaintiff's Expert Testimony of
Gerald McGwin, PhD filed by Defendant Recreation
by Design, LLC. (13306);
-ORDER AND REASONS denying the MOTION in Limine to Exclude Expert Testimony of Edward Shwery, PhD filed by Defendant Recreation By Design,
LLC (13303);
-ORDER AND REASONS denying the MOTION in Limine to Strike References to an Alternative Design
and Related Demonstrative Exhibit filed by Defendant (13308);
-ORDER AND REASONS granting in part,
denying in part the MOTION in Limine to Exclude
Opinions and Testimony of Stephen Smulski, Ph.D.
filed by Defendant Recreation By Design, LLC (13310);
-ORDER AND REASONS granting the MOTION for
Leave to File Motion to Strike the Testimony of Albert Jarrell filed by
Defendant Recreation By Design, LLC. (13955, and denying in part and
partially deferring to trial the MOTION to Strike the Testimony of Albert Jarrell
filed by Defendant Recreation By Design, LLC (14049).
|
|
May
10, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION to
Exclude the Testimony of Dr. Ronald French filed by Plaintiffs' Liaison
Counsel (13603);
-ORDER AND REASONS granting the MOTION for
Leave to File Motion in Limine to Prevent and/or
Exclude Testimony Regarding Fleetwood filed by Defendant Recreation By
Design, LLC (13951); and denying the MOTION in Limine
to Prevent and/or Exclude Testimony Regarding Fleetwood filed by Defendant
Recreation By Design, LLC.(14041).
|
|
May
7, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS granting in part and
denying in part the Motion in Limine to Exclude
the Testimony of Plaintiffs Expert, Patricia Williams, Ph.D
(13300);
-ORDER AND REASONS denying the Motion for
Partial Summary Judgment as to Surgery-Related Claims (13233); and denying
the Motion in Limine to Exclude Evidence and/or
Testimony Regarding Surgery-Related Claims (13314).
The Court also issued
Pretrial Order No. 66 after the May 7,
1010 status conferences.
|
|
May
6, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION in Limine to Exclude Testimony of plaintiff's Expert
Kenneth R. Laughery, Ph.D. filed by Defendant
Recreation by Design, LLC. (13297);
-ORDER AND REASONS granting the MOTION to
Strike the Addendum to Michael Ginvevan's, Ph.D.
Expert Report filed by Plaintiffs' Liaison Counsel (13332).
Also on this date,
the Court issued Pretrial Order No. 65
setting certain deadlines for the Castanel
bellwether trial.
Also on this date,
the Pretrial Order for the Castanel bellwether trial was docketed.
|
|
May
5, 2010
On this date, the Court
issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION
for Summary Judgment on Causation filed by Defendant Recreation By Design,
LLC. (13235);
-ORDER AND REASONS denying the MOTION for
Partial Summary Judgment as to Plaintiff's Failure to Warn Claim filed by
Defendant Recreation By Design, LLC. (13241);
-ORDER granting the MOTION in Limine to Exclude All References to Building Codes
filed by Defendant Recreation By Design, LLC. (13304);
-ORDER granting the MOTION in Limine Requesting that the Court Enter Its Prior
Rulings Made in the Wright Trial as to Certain Similar Evidentiary Issues
Relevant to This Matter filed by Defendant Recreation By Design, LLC.
(13309);
-ORDER AND REASONS granting the MOTION in Limine to Prohibit Reference to the Financial Matters
of Earline Castanel filed by Plaintiffs' Liaison
Counsel (13331);
- ORDER AND REASONS granting the MOTION for
Leave to File Supplemental Expert Report filed by Defendant Recreation By
Design, LLC. (13939);
-ORDER AND REASONS granting the MOTION to
Add One Additional Witness to Plaintiff's Witness List filed by Plaintiffs'
Liaison Counsel (13291);
-ORDER AND REASONS denying as premature the
MOTION for Entry of Judgment under Rule 54(b) Motion for Relief from
Judgment filed by Plaintiff Earline Castanel
(13262).
|
|
May
4, 2010
On this date, the Court
issued an ORDER instructing that no
later than 7/1/2010, the Non-Litigation Track
Defendants and the PSC will file a Joint Preliminary Class Settlement
Agreement and Motion to Certify a Settlement Class.
Also on this date,
the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part,
denying in part the MOTION for Partial Summary Judgment on Exclusion of
Claims filed by Defendant Recreation By Design, LLC. (13232);
- ORDER AND REASONS denying the MOTION for
Partial Summary Judgment on Plaintiff's mental Anguish Claims filed by Defendant
Recreation by Design, LLC. (13234).
|
|
April
30, 2010
On this date, the Court
issued an Amended Trial Scheduling Order
for the September 2010 Gulf Stream trial.
|
|
April
29, 2010
On this date, the Court issued an ORDER
noting that the MOTION in Limine to Exclude in
Part the Testimony of Plaintiff's Expert William Scott filed by Defendant
Recreation by Design, LLC. (13307)
is withdrawn.
|
|
April
27, 2010
On this date, the Court
issued Pretrial Order No. 63 and Pretrial Order No. 64 relating to summary
jury trial procedures.
|
|
April
27, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion in
Limine to Adopt Prior Evidentiary Rulings Made in
the Alexander bellwether trial by Defendant Recreation By Design, LLC.
(13311);
-ORDER denying as moot the Motion in
Limine to Adopt Prior Evidentiary Rulings Made in
the Dubuclet bellwether trial by Defendant
Recreation By Design, LLC.
|
|
April
26, 2010
On this date, the Court issued an ORDER
granting the Motion in Limine to Exclude Any
Reference to TL Industries, Inc. and Preclude Any Reference to News Media
Coverage related to TL Industries, Inc. (13299).
Also on this date, Plaintiff Alexander filed a Notice of Appeal relating to rec. doc.
13150.
|
|
April
21, 2010
On this date, the Court issued rulings on the following motions:
-ORDER selecting Keith Andrews, III,
represented by his father, Keith Andrews, Jr., as the bellwether plaintiff
for the October 18, 2010 Palm Harbor bellwether trial;
-ORDER AND REASONS denying the
MOTION for Summary Judgment regarding prescription by Recreation By Design,
LLC (9722
|
|
April
20, 2010
On this date, the Court
issued an ORDER extending the
Non-Litigation Track except as to Palm Harbor.
|
|
April
19, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the MOTION
for Partial Summary Judgment as to Plaintiff's Express Warranty Claim by
Recreation By Design, LLC (13277) based on Rec. Doc.13325.
-ORDER AND REASONS denying the
MOTION to Dismiss Rule 12(b)(6) by Recreation By
Design, LLC (9721).
|
|
April
16, 2010
On this date, the Court
issued an ORDER granting in part and
denying in part Plaintiff's Motion to Re-Tax Costs (10926).
Also on this date,
the Court issued a Trial Scheduling Order
for the Palm Harbor bellwether trial.
|
|
April
15, 2010
On this date, the Court
issued an ORDER granting the MOTION to
Dismiss Party (Shaw Environmental, Inc.) filed by Plaintiff Earline Castanel(13275).
Also on this date,
the Court issued an ORDER granting several
motions as moot based on Shaw’s dismissal from the Castanel
matter.
|
|
April
12, 2010
On this date, the Court
issued an ORDER AND REASONS granting
in part, denying in part (as stated in document) the MOTION to Dismiss
Pursuant to Rules 12(b)(1), 12(b)(2) and 12(b)(6) With Respect to the Third
and Fourth Supplemental and Amended Administrative Master Complaints by
Morgan Building & Spas, Inc. and Morgan Building Systems (7792).
|
|
April
8, 2010
On this date, the Court
issued an ORDER granting the
Motion to Appoint John Perry as Mediator (13207).
Also, a Notice of Bankruptcy Filing was filed.
|
|
April
7, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting MOTION
to Amend/Correct 12990 Order of Dismissal of Claims of plaintiff Paul Lastrapes Filed by Keystone RV Company (13087);
-ORDER AND REASONS granting
MOTION to Amend/Correct 12999 Order of Dismissal of claims of plaintiff
Jonah Stevenson filed by Keystone RV Company (13088).
|
|
April
6, 2010
Plaintiff filed Notice
of Appeal [13200] as to Order.
|
|
March
30, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the
MOTION for New Trial or, Alternatively, for Relief from Judgment filed by
Plaintiffs' Liaison Counsel (5609);
-ORDER AND REASONS denying the
MOTION for Relief from Judgment filed by Plaintiffs' Liaison Counsel
(5722);
-ORDER AND REASONS denying the
MOTION to Certify for Interlocutory Review pursuant to 28 U.S.C. s. 1292(b)
filed by Contractor Defendants Bechtel National, Inc. (6082).
|
|
March
29, 2010
Completed Jury Verdict
Form from Wright bellwether trial. [13174].
|
|
March
26, 2010
On this date, the Court issued an Order and Reasons on
Plaintiff Wright’s Rule 50 motion and Forest River’s post-trial motion.
|
|
March
24, 2010
On this date, Magistrate
Chasez granted the MOTION
to Quash Subpoena filed by Plaintiff David McGraw (12670).
|
|
March
23, 2010
On this date, the Court
granted in part and denied in part the Motion
to Exclude Defendants' Deposition Cuts of Tyshone
Marsh (13062).
|
|
March
22, 2010
On this date, Magistrate
Chasez granted the Motion
to Compel and order Plaintiff to respond to Keystone's outstanding
discovery requests within two (2) weeks. [11973]
|
|
March
19, 2010
On this date, the Court
granted in part and denied in part the Motion
to Exclude Dr. Patricia Williams' Demonstrative Exhibit (13017).
|
|
March
18, 2010
A Notice of Filing Bankruptcy was filed.
|
|
March
16, 2010
On this date, the Court
issued Orders [Rec. Doc. 12990 and 12999] granting the unopposed motions
dismissing the claims of Paul Lastrapes and Jonah
Stevenson - the substitute bellwether plaintiffs for the July 2010 Keystone
bellwether trial.
|
|
March
15, 2010
On this date, the Court
issued the Trial Scheduling Order for
the September 2010 Gulf Stream bellwether trial.
|
|
March
12, 2010
On this date, the Court
issued an Order and Reasons denying,
without prejudice, as premature MOTION to Allow Experts to Utilize and
Explain the Demonstrative Computer-Generated Video Evidence During their
Testimony in the Interest of Clarity and Judicial Economy filed by
Plaintiffs' Liaison Counsel (Rec. Doc. 12744).
|
|
March
11, 2010
On this date, the Court
issued an Order and Reasons denying
reconsideration of its previous order relating to building codes.
Also on this date,
the parties to the Wright bellwether trial filed certain stipulations {Rec.
Docs. 12780, 12781] into the record.
|
|
March
10, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part,
denying in part MOTION to Exclude Expert Testimony of Patricia Williams,
PhD, DABT filed by Defendant Forest River, Inc. (Rec. Doc. 11404);
-ORDER AND REASONS denying MOTION in
Limine to Exclude Expert Testimony of Paul
Hewett, Ph.D. filed by Contractor Defendant Shaw Environmental, Inc. (Rec.
Doc. 11415);
-ORDER AND REASONS denying MOTION to
Exclude Expert Testimony of Alexis Mallet filed by Defendant Forest River,
Inc. (Rec. Doc. 11383); and
-ORDER AND REASONS granting in part
and denying in part Forest River, Inc.'s Motion to Exclude Expert testimony
of Dr. Lawrence Miller (Rec. Doc. 11385).
|
|
March
9, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION
for Partial Summary Judgment regarding Mental Anguish filed by Defendant
Forest River, Inc. (Rec. Doc. 10934);
-ORDER AND REASONS denying as moot
MOTION for Partial Summary Judgment on Plaintiff's Mental Anguish Claims
filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 10945);
-ORDER AND REASONS denying MOTION to
Exclude Expert Testimony of Paul J. Lagrange filed by Defendant Forest
River, Inc. (Rec. Doc. 11380);
-ORDER AND REASONS granting in part,
denying in part MOTION to Exclude Testimony of Ervin L. Ritter (Rec. Doc.
11393);
-ORDER AND REASONS denying MOTION to
Exclude Expert Testimony of Dr. Edward H. Shwery
(Rec. Doc. 11400); and
-ORDER AND REASONS granting in part,
denying in part MOTION in Limine to Limit the
Testimony of Stephen Smulski, PhD (Rec. Doc.
11403).
|
|
March
8, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION in
Limine to Exclude Expert Testimony of Charles
David Moore filed by Contractor Defendant Shaw Environmental, Inc(Rec. Doc. 11417);
-ORDER AND REASONS granting in part,
denying in part MOTION in Limine to Limit the
Testimony of William Dyson, Ph.D. filed by Plaintiffs' Liaison Counsel.
(Rec. Doc. 11353); and
-ORDER AND REASONS denying MOTION to
Exclude Plaintiff's Animation Exhibit filed by Defendant Forest River, Inc.(Rec. Doc. 11355).
|
|
March
5, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION
for Summary Judgment on Causation filed by Contractor Defendant Shaw
Environmental, Inc.(Rec. Doc. 10929);
-ORDER AND REASONS granting MOTION
in Limine to Prohibit References to an Exemplar
Trailer filed by Plaintiffs' Liaison Counsel.(Rec. Doc. 11384);
-ORDER AND REASONS granting in part,
denying in part MOTION to Exclude Certain Comments to the Jury filed by
Defendant Forest River, Inc. (Rec. Doc. 11389);
-ORDER AND REASONS denying MOTION
for Reconsideration of the Court's Ruling Granting Defendant's Motion to
Strike the Addendum to Dr. Larry Miller's Expert Reports filed by
Plaintiffs' Liaison Counsel (Rec. Doc. 11695); and
-ORDER AND REASONS granting in part,
denying in part MOTION for Reconsideration on the Court's Ruling Granting
Defendant's Motion to Strike the Plaintiff's Expert Supplemental Reports
filed by Plaintiffs' Liaison Counsel(Rec. Doc.
11758).
Also on this date, the Court issued Pre-Trial
Order No. 62 after the general status conference, setting certain
deadlines.
|
|
March
4, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot Motion for
Partial Summary Judgment Regarding Plaintiff's Maintenance Claims (Rec.
Doc. 10947); and
-ORDER AND REASONS denying MOTION
for Partial Summary Judgment Regarding Failure to Warn filed by Contractor
Defendant Shaw Environmental, Inc. (Rec. Doc. 10946).
Also on this date, the Court issued Pre-Trial
Order No. 60 setting certain pre-trial deadlines for the Wright
bellwether trial.
|
|
March
3, 2010
On this date, the Court issued an ORDER
AND REASONS granting MOTION in Limine to
Prohibit References to the Inapplicability of Building Codes filed by
Plaintiffs' Liaison Counsel (Rec. Doc. 11362), MOTION in Limine to Exclude References to Building Codes filed by
Contractor.
|
|
March
2, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part,
denying in part MOTION for Summary Judgment regarding Causation filed by
Defendants Forest River, Inc. and Shaw Environmental. Inc. (Rec. Doc.
11933);
-ORDER AND REASONS denying MOTION
for Partial Summary Judgment Regarding "Blocking" filed by
Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 11935); and
-ORDER AND REASONS denying MOTION in
Limine to Reference to Plaintiff Witnessing
Previous Expert Testimony filed by Plaintiffs' Liaison Counsel.(Rec. Doc. 11348).
|
|
March
1, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION in
Limine to Any Reference to Malingering, Alcohol
Abuse or Drinking Problems (Rec. Doc. 11352); and
-ORDER AND REASONS denying MOTION in
Limine to Prohibit References or Suggestions that
the Water Leak at the Door was Caused by a Break In (Rec. Doc. 11387).
|
|
February
26, 2010
On this date, the
Court issued Pre-Trial Order No. 61 selecting
the bellwether plaintiff and substitutes for the September 2010 Gulf Stream
bellwether trial.
Also on this date,
the Court issued an Order and Reasons denying
MOTION for Partial Summary Judgment With Respect to Certain Affirmative
Defenses of Forest River, Inc. (Rec. Doc. 10940).
|
|
February
25, 2010
On this date, the
Court entered the Pre-Trial Order for
the Wright bellwether trial into the record.
Also on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part,
denying in part MOTION in Limine to Prohibit
References to Matters in the Personal History of Tyshone
Marsh (Rec. Doc. 10360); and
-ORDER AND REASONS denying MOTION in
Limine to Prohibit Reference to Formaldehyde in
Foods and Other Products (Rec. Doc. 11357).
|
|
February
24, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION
for Summary Judgment Regarding Government Contractor Defense(Rec. Doc.
10936);
-ORDER AND REASONS denying MOTION
for Partial Summary Judgment regarding Forest River's Duty to Warn (Rec.
Doc. 10937); and
-ORDER AND REASONS adopting Order on Motion for Summary Judgment,
granting in part, denying in part MOTION for Summary Judgment Based on Shaw
Environmental Inc.'s Status as a Government Contractor filed by Contractor
Defendants (Rec. Doc. 10941).
|
|
February
23, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion in
Limine to Prohibit Reference to Unrelated,
Non-Pled Claim (Rec. Doc. 11356); and
-ORDER AND REASONS granting MOTION
for Partial Summary Judgment With Respect to a Certain Affirmative Defense
of Shaw Environmental, Inc. (Rec, Doc. 10942).
Also on this date, the Court issued Pretrial
Order No. 59 appointing Ralph S. Hubbard III and Charles E. Leche to serve as co-liaison counsel for the insurance
carriers involved in this MDL.
|
|
February
22, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion to
Exclude References to Opinions of Dr. George Farber (Rec. Doc. 11374);
-ORDER denying as moot the Motion to
Exclude Expert Testimony of William D. Scott (Rec. Doc. 11397);
-ORDER denying as moot the Motion in
Limine With Regard to the Darrian
Griffin Affidavit (Rec. Doc. 11418); and
-ORDER denying as moot the Motion in
Limine to Prohibit References to the Bathroom
Vent Cover as Missing (Rec. Doc. 11419).
|
|
February
18, 2010
On this date, the
parties in the Wright bellwether trial filed Stipulations [Rec. Docs. 11729, 11730]
into the record.
|
|
February
17, 2010
On this date, the
parties in the Wright bellwether trial filed Stipulations [Rec. Docs. 11604, 11608]
into the record.
|
|
February
10, 2010
On this date, the
Court issued an Order and Reasons granting
Defendants’ Joint Motion to Strike the Addendum to the Expert Reports of
Dr. Lawrence Miller (Rec. Doc. 10321).
Also on this date,
the Court issued an Order and Reasons granting
Defendants’ Joint Motion to Strike Plaintiff’s Supplemental Expert Reports
(Rec. Doc. 10944).
|
|
February
8, 2010
Based on Joint Stipulation
(Rec. Doc. 11240), the Court issued an Order
denying as moot the following motions: MOTION for Partial Summary Judgment
regarding Medical Monitoring Damages filed by Defendant (Rec. Doc. 10938), MOTION
for Partial Summary Judgment Regarding Claims Under the Louisiana Products
Liability Act filed by Contractor Defendants (Rec. Doc. 10930), MOTION for
Partial Summary Judgment regarding Plaintiff's Claim for Loss of Future
Earning Capacity filed by Defendant (Rec. Doc. 10939).
|
|
February
5, 2010
The Court issued a
scheduling Order setting certain pre-trial
deadlines in the Wright bellwether trial.
Also on this date,
the Court issued an Order relating to
the selection of a bellwether plaintiff for the September 2010 Gulf Stream
bellwether trial.
|
|
February
4, 2010
The parties in the
Wright bellwether trial filed Stipulations [Rec. Docs. 11181, 11240]
into the record.
Also on this date,
the Court issued an Order and Reasons denying
the MOTION to certify for Interlocutory Review Pursuant to 28 U.S.C. § 1292(b)
the Court's November 16, 2009 Order Denying Shaw Environmental, Inc.'s
Motion for Summary Judgment Based on Prescription (Rec. Doc. 8566).
|
|
February
3, 2010
On this date, the
Court held a status conference and issued an Order
therefrom relating to summary jury trial process and procedure.
|
|
January
29, 2010
On this date, the
Court issued Pretrial Order No. 58 regarding
applications/nominations for insurers liaison
counsel.
|
|
January
27, 2010
On this date, the
following Notices of Filing Bankruptcy [Rec. Docs. 10905, 10906,
10907, 10908,
10909, 10910,
10911, 10912] were filed.
|
|
January
26, 2010
The Government filed
a Notice Regarding How An Applicant Or
Co-Applicant Who Applied For And Received A FEMA EHU May Call To Obtain His
Or Her FEMA Identification Number For Matching Purposes.
|
|
January
25, 2010
Gulf Stream filed its
Response to PSC’s Objections to its
nominees for the upcoming Gulf stream bellwether trial.
|
|
January
22, 2010
The Court issued an Order allowing Fleetwood and its insurers
an indefinite extension of time to file responsive pleadings.
The Court also issued
an Order granting an extension of the
dispositive motion deadline in the Forest River bellwether trial.
The Court also issued
an Order and Reasons, granting the
Motion to Dismiss for Lack of Jurisdiction Plaintiff Earline Castanel's FTCA Claims (Rec. Doc. 8629).
The parties to the
upcoming Gulf Stream bellwether trial filed objections to bellwether trial plaintiff
nominees and nominees for the same.
|
|
January
21, 2010
The Court issued an Order and Reasons, granting the Motion to
Dismiss for Lack of Jurisdiction Lyndon Wright's FTCA Claims For Failure To
Exhaust His Administrative Remedy And For Failure To Present His
Administrative Claim To FEMA In A Timely Manner (Rec. Doc. 7368).
|
|
January
19, 2010
On this date, certain
Stipulations of Fact [Rec. Docs. 10346 and
10347] were filed relating to the Forest
River bellwether trial.
Also on this date,
the Court issued Pretrial Order No. 56 detailing
the Court instructions to counsel at the January 15, 2010 general status
conference.
The Court issued Pretrial Order No. 57 ordering the parties
participating in the Forest River bellwether trial to submit a joint trial
plan.
The Clerk issued
Bills of Costs [Rec. Docs. 10620, 10621] for the Gulf Stream bellwether
trial.
|
|
January
15, 2010
On this date, the
Court issued an Order and Reasons, granting
in part and denying in part the MOTION to Strike Plaintiff's Designation of
Kenneth R. Laughery, Ph.D. (Rec. Doc. 4800).
|
|
January
8, 2010
On this date, the Court
issued Pretrial Order No. 55, relating
to the withholding of summonses until all defendants (including both
manufacturers and contract installers) are properly matched to a plaintiff.
Also on this date,
witness and exhibits lists [Rec. Doc. 10229,
10230, 10231,
10232, 10233,
10234, 10236,
10237, 10238]
were filed relating to the Forest River bellwether trial.
Last, on this date,
the Court issued an Order granting
answer extensions for recently filed amended administrative master
complaints.
|
|
January
10, 2010
On this date, the
Government issued a Notice of Intent to
Dispose of Certain EHUs.
|
|
January
8, 2010
On this date, Magistrate
Chasez issued an Order
relating to Dr. Cole’s deposition transcript.
Also on this date,
Notices of Filing Bankruptcy [Rec. Docs. 10263,
10264] were filed.
|
|
December
29, 2009
On this date, the
Court issued Pretrial Order No. 54, amending
the Trial scheduling Order (Rec. Doc. 9600) for the Keystone bellwether trial.
|
|
December
28, 2009
On this date, the
Court issued the Trial Scheduling Order for
the Keystone bellwether trial.
Also on this date,
the Court issued the Trial Scheduling Order
for the Recreation by Design bellwether trial.
|
|
December
18, 2009
On this date, a Notice
of Filing of Bankruptcy [Rec. Doc.9369]
was filed.
|
|
December
17, 2009
On this date, several
Notices of Filing of Bankruptcy [Rec. Docs. 9365,
9366, 9367,
9368] were filed.
|
|
December
14, 2009
On this date, the
Court issued Pretrial Order No. 52, relating
to the Keystone bellwether trial.
Also on this date,
the Court issued Pretrial Order No. 53,
incorporating third party contractor/installer defendants into the matching
requirements.
|
|
December
10, 2009
On this date, several
Notices of Filing of Bankruptcy [Rec. Docs. 9018,
9020, 9022,
9028, 9030,
9032, 9034,
9035, 9037,
9038, 9039]
were filed.
|
|
December
9, 2009
On this date, the
Court issued Pretrial Order No. 50, pertaining
to unmatched amended complaints.
Also on this date,
the Court issued Pretrial Order No. 51,
pertaining to amended complaints that reference cases that have not yet
been transferred to this Court.
|
|
December
8, 2009
On this date, the
Court issued the Trial Scheduling Order for
the Recreation by Design bellwether trial.
Also on this date,
the Court issued Pretrial Order No. 49,
pertaining to the matching requirements found in Pretrial Order No. 40
(Rec. Doc. 1781).
|
|
December
7, 2009
On this date, the
Court issued an Order and Reasons denying
the MOTION to Transfer Case Venue for Convenience to Middle District of
Florida (Rec. Doc. 3193).
|
|
December
3, 2009
On this date, the
Court issued an Order continuing the
Fleetwood bellwether trial without date.
|
|
December
2, 2009
On this date, the
Court issued an Order granting extension
of the witness and exhibit list deadlines in the Forest River bellwether
trial
|
|
December
1, 2009
On this date, the
Court issued an Order granting extension
of the witness and exhibit list deadlines in the Forest River bellwether
trial.
Also on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION
for Partial Summary Judgment on Mental Anguish Claims by Fleetwood
Enterprises, Inc. (Rec. Doc. 6639).
-ORDER AND REASONS granting in part,
denying in part MOTION in Limine to Prohibit
Reference to Unrelated, Non-Pled Claims (Rec. Doc. 7284).
Finally, on this date, several Notices of Filing Bankruptcy were filed.
[Rec. Docs. 8478, 8479, 8481,
8482, 8484].
|
|
November
30, 2009
On this date, the Court issued an Order
placing Insurco, Ltd. On the Non-litigation
Track.
Also on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part
and partly deferring to trial the MOTION in Limine
to Limit Evidence, Testimony, and Arguments Regarding Other Lawsuits or
Claims by Defendant Fleetwood Enterprises, Inc. (Rec. Doc. 6898);
-ORDER AND REASONS re MOTION to
Exclude Dr. Lawrence G. Miller's Testimony by Defendant Fleetwood
Enterprises, Inc. (Rec. Doc. 6665).
Also, on this date, certain witness and exhibit lists were filed in the
Forest River bellwether trial [Rec. Docs. 8224,
8226, 8305,
8306, 8308,
8309, 8310,
8311].
Also, on this date, a Revised Pre-Trial
Order was filed into the record relating to the Fleetwood bellwether
trial.
Finally, on this date, a Notice of
Filing Bankruptcy was filed into the record.
|
|
November
27, 2009
On this date, several Notices of Filing Bankruptcy were filed. [Rec.
Docs. 8459, 8460, 8461,
8463, 8464,
8465, 8466,
8467, 8468,
8469, 8470,
8472, 8473,
and 8475].
|
|
November
24, 2009
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting the
MOTION to Exclude /Limit the Testimony of Thomas W. Fribley
(Rec. Doc. 6654);
-ORDER AND REASONS denying the MOTION
to Exclude /Limit the Testimony of H. James Wedner
filed by Plaintiffs' Liaison Counsel (Rec. Doc. 6652), and the MOTION to
Exclude Dr. Patricia Williams' Testimony filed by Defendant (rec. Doc.
6664);
-ORDER AND REASONS denying MOTION for
Summary Judgment on Causation by Defendant Fleetwood Enterprises, Inc.
(Rec. Doc. 6659).
|
|
November
23, 2009
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION
to Exclude Testimony of Howard I. Maibach (Rec.
Doc. 6650); and
-ORDER AND REASONS denying MOTION to
Exclude Testimony of Patricia K. Farris (Rec. Doc. 6653).
|
|
November
20, 2009
On this date, the Court issued an Order
relating to the mediation of Fleetwood matters.
Also, on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION
for Summary Judgment as to the Government Contractor Defense (Rec. Doc.
6626);
-ORDER AND REASONS granting in part,
denying in part the MOTION in Limine to Limit the
Testimony of Stephen Smulski, Ph.D
by Defendant Fleetwood Enterprises, Inc. (Rec. Doc. 6660); and
-ORDER AND REASONS granting to the
extent expressed herein the MOTION in Limine to
request that the Court Enter Its Prior Rulings Made in the Alexander
Bellwether Trial as to Certain Similar Evidentiary Issues Relevant to this
Matter by Defendant Fleetwood Enterprises, Inc
(Rec. Doc. 7215).
|
|
November
19, 2009
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION
to Exclude Testimony of Robert C. James (Rec. Doc. 6651); and
-ORDER granting Motion in Limine to Exclude Testimony and Evidence Relating to Fleetwood
Enterprises, Inc. Bankruptcy Filing (Rec. Doc. 7283).
Also on this date, the Court issued an Order
from the Fleetwood pre-trial conference setting forth certain pre-trial
deadlines.
|
|
November
18, 2009
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion for
Partial Summary Judgment on the Express Warranty Claim (Rec. Doc. 6579);
-ORDER denying as moot Motion for
Partial Summary Judgment on Medical Monitoring, Punitive Damages and Loss
of Consortium Claims (Rec. Doc. 6613);
-ORDER AND REASONS granting in part,
denying in part the MOTION to Exclude and Limit the Testimony of Paul
Hewett, Ph.D of Fleetwood Enterprises, Inc. (Rec.
Doc. 6644);
-ORDER AND REASONS denying MOTION in Limine to Exclude the Testimony of Plaintiff's Expert
Charles David Moore by Defendant Fleetwood Enterprises, Inc. (Rec. Doc.
6657); and
-ORDER AND REASONS granting MOTION in
Limine to Exclude the Testimony of Plaintiff's
Expert Kenneth R. Laughery, Ph.D
of Defendant Fleetwood Enterprises, Inc. (Rec. Doc. 6649).
Also on this date, the Court issued a Judgment
in favor of Federal Emergency Management Agency, Keystone RV Company, Shaw
Environmental Inc against Raymond Bell, III in
Member case no. 09-2967.
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November
17, 2009
On this date, the Court issued an Order
ruling on the following motions:
-denying as moot the Motion for Summary Judgment Based on the Government
Contractor Defense (Rec. Doc. 6643);
-granting the Motion for Partial Summary Judgment to Dismiss Louisiana
Products Liability Claims (Rec. Doc. 6646)
-granting the Motion for Partial Summary Judgment on Negligence Claims
(Rec. Doc. 6663).
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|
November
16, 2009
On this date, the Court issued an Order
and Reasons denying the Motion for Summary Judgment Regarding
Prescription (Rec. Doc. 2581) relating to the Forest River Bellwether
trial.
Also on this date, the Court issued an Order
selecting David McGraw as the bellwether plaintiff and Paul Lastrapes as the substitute bellwether plaintiff for
the Keystone bellwether trial.
Finally, on this date, the Court issued an Order
and Reasons denying the Motion for Reconsideration (Rec. Doc. 5602) of
the Order on the Motion to Strike Defendant Medical Expert H. James Wedner (Rec. Doc. 5306).
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November
13, 2009
On this date, the parties in the Fleetwood bellwether trial filed their Stipulations of Fact.
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November
5, 2009
On this date, the Court issued an Order
granting certain extensions in the Fleetwood bellwether trial.
Also on this date, the Court issued an Order
replacing Carrie Smith with Earline Castanel as
the bellwether plaintiff for the Recreation by Design bellwether trial.
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November
2, 2009
On this date, the Court issued an Order
granting certain extensions in the Fleetwood bellwether trial.
Also on this date, the Court issued Pretrial
Order No. 47 relating t0 the establishment of a summary jury trial
committee.
Also on this date, the Court issued Pretrial
Order No. 48 allowing Carrie Smith to withdraw as the bellwether
plaintiff for the Recreation by Design bellwether trial.
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|
October
23, 2009
On this date, the Court issued Pretrial
Order No. 46 detailing what was ordered at the October 23, 2009 status
conference.
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|
October
21, 2009
On this date, the Court issued an Order
granting the Motion for Extension of certain Deadlines (Rec. Doc. 5575)
relating to the Fleetwood bellwether trial.
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|
October
16, 2009
On this date, the Court issued an Order
and Reasons granting the Motion for Protective Order to Prevent Plaintiffs'
Depositions of Patrick Preston and Mary Martinet filed by United States of
America (Rec. Doc. 1613).
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October
15, 2009
On this date, the Court issued an Order and Reasons [Rec. Doc. 5491]
denying the Motion for Reconsideration (Rec. Doc. 2201).
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|
October
14, 2009
On this date, the Court issued an Order
granting the Motion for Entry of Judgment under 54(b) (Rec. Doc. 3049). The
Court also entered Judgement
under Rule 54(b).
Also, the Court issued an Order
denying as moot the MOTION to certify for interlocutory review the
dismissal of Christopher Cooper's FTCA Claim filed by Plaintiffs' Liaison
Counsel (Rec. Doc. 2923) per Rec. Doc. 5440 and 5441.
Also, the Court issued an Order and
Reasons [Rec. Doc. 5471] granting in part and denying in part the
Motion to Dismiss Without Prejudice the Claims of Raymond Bell, III (Rec.
Doc. 5102). In it, the Court dismissed with prejudice the claims of
bellwether plaintiff Raymond Bell, III.
The Court issued an Order denying as
moot Defendant Keystone RV Company's Motion to Dismiss (Rec. Doc. 2221).
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October
8, 2009
On this date, the Court issued an Order
and Reasons denying the Motion to Strike Medical Report of Dr. H. Wedner, MD (Rec. Doc. 4303).
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October
6, 2009
On this date, the Court issued an Order
granting the Motion for Entry of Judgment in the Gulf Stream Trial (Rec.
Doc. 4652). The Court also docketed the Judgment
for the Gulf Stream trial.
Also, the Court issued an Order and
Reasons granting in part and denying in part the MOTION to Strike
Plaintiff's Designation of Kenneth R. Laughery, Ph.D (Rec. Doc. 2348).
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October
2, 2009
Mary C. Devany filed a Notice of Interlocutory Appeal.
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October
1, 2009
On this date, the Court issued an Order
and Reasons granting in part and denying in part the MOTION to Dismiss
Case filed by Bechtel National, Inc. (Rec. Doc. 2796).
Also on this date, the Court issued am Order and Reasons denying the MOTION to
Substitute Party. Party Valena Byrd to be
substituted in place of Raymond Bell III filed by Plaintiff (Rec. Doc.
4164).
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|
September
29, 2009
On this date, the Court issued an Order
granting the Motion to Substitute Bellwether Plaintiff Diana Bell. The
Court made Raymond Bell, III the substitute bellwether plaintiff in the
Keystone bellwether trial.
Also on this date, the Court issued Pretrial
Order No. 45 setting a status conference for 10/23/2009 at 8:30 AM
before Judge Kurt D. Engelhardt (in chambers with
liaison counsel, committee members, and counsel for FEMA) and a general
status conference to follow at 10:a.m. - open to all counsel.
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September
24, 2009
On this date, the Court issued an Order
and Rule to Show Cause as to Mary C. DeVany.
Also on this date, the Court entered the Joint
Stipulations of Facts as to the Gulf Stream trial.
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|
September
21, 2009
On this date, the Court issued RULINGS [Rec. Docs. 3492 and 3517]
on Objections on Deposition Testimony at Trial re: Stanley Larson (August
20, 2009), Michael Harder (August 20, 2009) Guy Nicholas Bonomo (August 21, 2009) and David Edward Garratt (July
7, 2009); and Martin Edward McNeese (July 14, 2009).
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|
September
17, 2009
A Notice of Interlocutory Appeal is
filed by Plaintiffs’ Liaison Counsel.
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|
September
16, 2009
On this date, the Court issued RULINGS [Rec. Docs. 3343 and 3351]
on Objections on Deposition Testimony at Trial re: Kevin Souza (July 15,
2009); Daniel Shea (June 1, 2009) and Joseph Little (July 23, 2009).
Also on this date, the Court issued an Order
granting Motion for Leave to File Judgment of the Civil District Court for
the Parish of Orleans and the Letters of Tutorship issued to Alana
Alexander appointing her as tutrix of her minor
child, Christopher Cooper (Rec. Doc. 3322).
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|
September
15, 2009
On this date, the Court issued RULINGS [Rec. Docs. 3311 and 3323]
on Objections on Deposition Testimony at Trial re: Richard Sober and Karin
Ann Pacheco, M.D.
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|
September
14, 2009
On this date, the Court issued RULINGS
on Objections on Deposition Testimony at Trial re: Michael K. Lindell.
Also on this date, the Court issued an Order
and Reasons denying the MOTION for Partial Summary Judgment regarding
Duty to Warn (Rec. Doc. 2719).
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|
September
11, 2009
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting the
MOTION for Partial Summary Judgment filed by Defendant Fluor Enterprises,
Inc. (Rec. Doc. 2743);
-ORDER AND REASONS granting in part
and denying in part the MOTION in Limine to
Exclude the Testimony of Alexis Mallet, Jr. (Rec. Doc. 2776);
-ORDER AND REASONS granting in part
and denying in part the MOTION in Limine to
Exclude Testimony and Evidence Relating to Jeremiah Scott's Termination for
His Previous Occupation filed by Plaintiff (Rec. Doc. 3113);
Also, on this date, the Court issued RULINGS [Rec. Docs. 3227, 3237,
3243] on Objections on Deposition
Testimony at Trial re: James Shea (2008), Eddie Abbott, Burl B. Keel, III
and Jeffrey Zumbrun; James R. Brown, Kyle R.
Timmins, Scott Bailey and Scott Pullin;
Christopher DeRosa, Ph.D., James Shea (2009) and Dwight
Durham.
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|
September
10, 2009
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION
in Limine to Exclude Testimony of McGwin, to Exclude Evidence of Irrelevant Medical
Conditions and to Exclude Any Reference to Cancer (Rec. Doc. 2824);
-ORDER AND REASONS denying the MOTION
in Limine to exclude testimony of Charles Moore
(Rec. Doc. 2899);
-ORDER AND REASONS granting in part
and denying in part the Motion for Summary Judgment (Rec. Doc. 2802);
-ORDER AND REASONS regarding the
MOTION in Limine to Exclude Certain Fact
Testimony of Plaintiffs and Fact Witnesses (Rec. Doc. 2885); and
-ORDER AND REASONS denying in part
and deferring to trial in part the Motion in Limine
to Limit Expert Testimony of Janet Barnes, M.D. (Rec. Doc. 2891).
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|
September
8, 2009
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS deferring to trial
Gulf Stream Coach, Inc.'s Motion in Limine to
Prohibit Any Testimony or Evidence Relating to the Testing of Other Emergency
Housing Units (Rec. Doc. 2821);
-ORDER AND REASONS granting Motion in
Limine to Exclude Expert Testimony of Christopher
DeRosa, Ph.D. (Rec. Doc. 2872);
-ORDER AND REASONS denying the Motion
in Limine to Exclude Evidence of Certain
Formaldehyde Screening Devices (Rec. Doc. 2881);
-ORDER AND REASONS granting in part
and denying in part the Motion in Limine to
Prohibit Plaintiffs' Reference to or Introduction of Evidence Regarding
Unreasonable and Subsequently Passed Ambient Air Standards (Rec. Doc.
2887);
-ORDER AND REASONS denying the Motion
for Summary Judgment (Rec. Doc. 2410);
-ORDER AND REASONS granting in part
and denying in part Gulf Stream Coach Inc. 's Motion in Limine
to exclude the opinions of Mary DeVany (Rec. Doc.
2895);
-ORDER AND REASONS granting in part
and denying in part the MOTION in Limine to
Exclude Expert Testimony of Paul Hewett, Ph.D. (Rec. Doc. 2792);
-ORDER AND REASONS granting in part
and denying in part the MOTION in Limine to Limit
the Testimony of Travis Allen, Heath Allen and Gerald Paul Blanchard (Rec.
Doc. 2819);
-ORDER AND REASONS deferring ruling
on the Motion in Limine to Exclude Expert
Testimony of Patricia M. Williams, Ph.D., DABT. (Rec. Doc. 2834); and
-ORDER AND REASONS denying the MOTION
in Limine to Exclude Expert Testimony of James P.
Kornberg, MD, SCD (Rec. Doc. 2769);
Also, on this date, the Court entered the parties’ Pretrial Order for the Gulf Stream trial.
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|
September
4, 2009
On this date, the Court issued an Order
detailing the discussion during the pre-trial conference for the Gulf
Stream bellwether trial.
Also on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part
and denying in part MOTION in Limine to Exclude
Certain Witness Testimony filed by Defendant Gulf Stream Coach, Inc.(Rec.
Doc. 2836);
-ORDER AND REASONS granting in part
and denying in part the MOTION to Strike Opinions and Testimony of Paul
Lagrange filed by Defendant Gulf Stream Coach, Inc. (Rec. Doc. 2879) and
the MOTION to Strike Opinions and Testimony of Ervin Ritter, P.E. filed by
Defendant Gulf Stream Coach, Inc. (Rec. Doc. 2777).
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|
September
3, 2009
The Court issued rulings on the following motions:
-ORDER AND REASONS granting in part
and denying in part MOTION in Limine to Exclude
Expert Testimony of Michael Ginevan, Ph.D. filed
by Plaintiffs' Liaison Counsel. (Rec. Doc. 2730);
-ORDER AND REASONS granting in part
and denying in part MOTION in Limine to Exclude
Evidence of or Argument Regarding Political Proceedings (Rec. Doc. 2839);
and
-ORDER AND REASONS granting in part,
denying in part, and partly deferring to trial MOTION in Limine to Prohibit from Engaging in Certain Irrelevant
and Inflammatory Commentary filed by Plaintiffs' Liaison Counsel (Rec. Doc.
2900).
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|
September
2, 2009
The Court issued rulings on the following motions:
-ORDER AND REASONS deferring to trial
Gulf Stream Coach, Inc.'s Motion in Limine to
Exclude Any Testimony or Evidence of Other Lawsuits or Claims(Rec. Doc.
2799);
-ORDER AND REASONS granting in part
and denying in part MOTION in Limine to Exclude
Certain Irrelevant and Inflammatory Commentary of Counsel, Testimony and
Evidence Related to Plaintiffs' Hurricane Katrina Evacuation Experience,
and any Reference or Evidence Related to Income of Gulf Stream Coach filed
by Defendant (Rec. Doc. 2883);
-ORDER AND REASONS granting MOTION in
Limine filed by Defendant Fluor Enterprises, Inc.
(Rec. Doc. 2893);
-ORDER denying MOTION for APPEAL OF
MAGISTRATE JUDGE DECISION to District Court (Rec. Doc. 2896); and
-ORDER AND REASONS denying MOTION for
Summary Judgment Based on Louisiana Tort Immunity for Contractors filed by
Defendant Fluor Enterprises, Inc. (Rec. Doc. 2729).
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|
September
1, 2009
The Court issued rulings on the following motions:
-ORDER deferring to trial Motion in Limine to Prohibit Any Testimony or Evidence Relating
to Any Non-Party Witness Medical Issues (Rec. Doc. 2801);
-ORDER AND REASONS denying MOTION for
Partial Summary Judgment regarding Duty to Test, or in the Alternative,
Motion in Limine filed by Defendant Gulf Stream
Coach, Inc (Rec. Doc. 2720);
-ORDER AND REASONS granting MOTION in
Limine to Exclude Testimony of William Dudek filed by Plaintiffs' Liaison Counsel (Rec. Doc.
2898).
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|
August
31, 2009
On this date, the Court issued an Order
granting the Motion to Sever or, in the Alternative, to Voluntar[il]y Dismiss. (Rec. Doc. 2582) and ordering that the
Federal Tort Claims Act ("FTCA") cause of action of the plaintiff
Alana Alexander brought individually and on her own behalf against the
United States/FEMA, is voluntarily dismissed.
Also on this date, the Court issued an ORDER
denying as moot Motion to Dismiss Alana Alexander and Chris Cooper's
Remaining FTCA Claims for Lack of Subject Matter Jurisdiction (Rec. Doc.
2718) and the Motion to Dismiss for Lack of Subject Matter Jurisdiction
Based Upon No Analogous Private Liability (Rec. Doc. 2733) per Rec. Docs.
2789 and 2964).
Last, on this date, the Court issued an Order
granting the Motion to Amend Trial I Scheduling Order (Rec. Doc. 2863).
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|
August
26, 2009
On this date, the Court issued an Order
and Reasons granting in part and denying in part the MOTION for Partial
Summary Judgment filed by Defendant (Rec. Doc. 2582).
Also on this date, the Court issued an Order
and Reasons denying the MOTION for Partial Summary Judgment filed by
Defendant (Rec. Doc. 2583).
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|
August
25, 2009
On this date, the Court issued an Order
and Reasons denying Gulf Stream’s Motion for Partial Summary Judgment
(Rec. Doc. 2596) on the issue of formaldehyde causing Plaintiff’s symptoms.
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|
August
24, 2009
On this date, the Court issued an Order
and Reasons granting in part and denying in part Gulf Stream’s Motion
to Limit the Testimony of Stephen Smulski (Rec.
Doc. 2349).
Also on this date, the Court issued an Order
and Reasons granting in part and denying in part Gulf Stream Coach, Inc’s Motion in Limine to
Exclude Expert Testimony of Marco Kaltofen (Rec.
Doc. 2271).
Also on this date, the Court issued an Order
and Reasons granting in part and denying in part Plaintiff’s Motion for
Partial Summary Judgment with Respect to Certain of Gulf Stream Coach,
Inc.’s Affirmative Defenses (Rec. Doc. 2727).
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|
August
21, 2009
On this date, the Court issued an Order and
Reasons granting the Defendant United States of America’s Motion to
Dismiss the Claims of Plaintiff Christopher Cooper for Lack of Subject
Matter Jurisdiction (Rec. Doc. 2317).
Also on this date, the Court issued an Order
granting Plaintiffs’ Motion for Leave to File First Supplemental Witness
List (Rec. Doc. 2626) and Plaintiffs’ Motion for Leave to File First
Supplemental Exhibit List (Rec. Doc. 2627) and denying the Motion to Strike
Certain Lay Witnesses (Rec. Doc. 2628).
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|
August
20, 2009
On this date, the Court issued an Order
and Reasons granting in part and denying in part the Defendant United
States of America’s Motion for a Protective Order to Prevent Plaintiffs’
Deposition of Harvey E. Johnson, Jr., Former FEMA Deputy Administrator and
Chief Operating Officer (Rec. Doc. 1756).
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|
August
19, 2009
On this date, the Court issued an Order
from its August 18, 2009 status conference, relating to juror
questionnaires and extending the deadline for amending the Master
Complaint.
Also on this date, the Court issued an Order
and Reasons granting the Motion for Partial Summary Judgment (Rec. Doc.
2260) and dismissing Plaintiffs’ LPLA claims for breach of express warranty
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|
August
18, 2009
On this date, the Court issued Pretrial
Order No. 44 relating to responsive pleadings and notices of
preservation of defenses.
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|
August
17, 2009
On this date, the Court issued amended Trial Scheduling Orders for the Forest River and the Fleetwood bellwether trials.
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|
August
13, 2009
On this date, the Court issued an Order
and Reasons denying .Defendant United States of America’s Motion to
Dismiss Plaintiffs’ Remaining FTCA Claims for Lack of Subject Matter
Jurisdiction (Rec. Doc. 1545), and instructing that such a motion to
dismiss/motion for summary judgment filed by the Government should relate
specifically to each bellwether plaintiff and should reference the relevant
facts applicable to each, to be considered by this Court.
Also on this date, the Court issued Orders granting (1) the Ex Parte Motion to Sever Claims of Bellwether
Plaintiff filed by defendant Keystone RV Company, and (2) Unopposed Motion to Sever the Claims of Elisha Dubuclet on behalf of Timia Dubuclet filed on behalf of Fleetwood Enterprises, Inc.
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|
August
12, 2009
On this date, the Court issued Pretrial
Order No. 43 wherein certain bellwether trial were
rescheduled.
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|
August
11, 2009
On this date, the Court issued an Order
granting the Unopposed Motion to Sever the Claims of Alana Alexander,
Individually and on Behalf of Christopher Cooper filed on behalf of the
Gulf Stream Coach, Inc., relative to the Gulf Stream bellwether trial.
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|
August
7, 2009
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. For
a more detailed description of the Court’s rulings and instructions during
these conferences, see this Court’s August 10, 2009 Order.
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|
August
6, 2009
On this date, the Court issued an Order
and Reasons denying Fleetwood Enterprises, Inc. Motion to Exclude
Plaintiffs’ Testing Results (Rec. Doc. 2356).
Also on this date, the Court issued an Order
extending the witness and exhibit list deadline in the Fleetwood trial to
August 24, 2009.
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|
August
5, 2009
On this date, the Court issued an Order
vacating its July 28, 2009 Order (Rec. Doc. 2361) and extended the
non-litigation track for an additional 60 days. The Court also set the date
for a sixth bellwether trial (October 18, 2010) which shall be against a
manufactured home defendant.
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|
August
4, 2009
On this date, the Court issued an Pretrial Order No. 42 with instructions for
Plaintiffs filing Complaints wherein plaintiffs are not matched to a
specific manufacturing defendant.
Also on this date, the Court issued an Order
extended certain deadlines for the Fleetwood bellwether trial.
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|
August
3, 2009
On this date, the Court issued an Order
setting a conference on Tuesday, August 18, 2009 at 8:45 a.m. to discuss
jury instructions and the verdict form in the Gulf Stream bellwether trial.
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|
July
28, 2009
On this date, the Court issued an Order
stating that the Joint Unopposed Motion to Extend the Non-Litigation Track
During Pendency of Preemption Appeal (Rec. Doc 2293) is denied. The Court
also issued deadlines for the 6th bellwether trial, for
selecting a bellwether plaintiff for the sixth bellwether trial, and for
submitting a proposed scheduling for the sixth bellwether trial to the
Court.
Also on this date, the Court issued an Order
stating that the July 31, 2009 deadline for submitting a trial plan for the
first bellwether trial is CONTINUED to Wednesday, August 12, 2009.
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|
July
26, 2009
On this date, the United States filed a Notice of FEMA’s intent to dispose of
selected temporary emergency housing units at sixteen (16) storage
facilities. In the event that a party determines that they want to
inspect or test any of these EHUs they should immediately notify their
Liaison Counsel of their intent, and Liaison Counsel should provide to
Government Counsel on or before Friday, August, 7, 2009, a single list
identifying any such units by Location, Barcode and Vehicle Identification
Number, and make arrangements to inspect and/or test the selected units on
or before Friday, August 30, 2009. Any EHUs that Liaison Counsel identifies
on or before August 7, 2009, as an EHU of interest will be held by FEMA
until August 30, 2009, to allow Liaison Counsel an opportunity to inspect
and test the unit prior to its disposal. For any EHUs not identified by
Liaison Counsel as an EHU of interest, on August 7, 2009, it is FEMA’s
intent to commence disposal of those EHUs on August 10, 2009.
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|
July
24, 2009
On this date, the Court issued an Order
and Reasons stating that the Opposed Motion for Leave to File Third
Supplemental and Amending Complaint (Rec. Doc. 2006) in BW Trial 1 is
denied. Plaintiffs were instructed to file an entirely new lawsuit making
these now-ripe allegations against FEMA and shall move to consolidate the
new lawsuit with the instant one once the Complaint is filed. Further, to
keep the record clear, the parties shall file a motion to dismiss without
prejudice the allegations that were asserted prematurely in this action.
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|
July
23, 2009
On this date, the Court issued an Order
and Reasons stating that the Rule 12(b)(6) Motion to Dismiss (Rec. Doc.
1811), filed by Defendant Gulf Stream Coach, Inc. ("Gulf Stream")
is granted in part and denied in part.
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|
July
22, 2009
On this date, the Court issued an Order
relating to BW trial 1, stating that the parties shall be permitted to
schedule depositions, with the consent of all parties or if granted leave
by the Court, after the July 23, 2009 discovery cutoff and through and
including August 7, 2009. The Court also ordered that the July 27, 2009
deadline for filing dispositive motions be and hereby is extended and
continued until August 10, 2009.
Also on this date, Magistrate Chasez issued a Minute Entry stating that the deposition of
Mr. Bailey shall go forward telephonically limited to two hours in length.
No further depositions will be allowed in the Alexander case.
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|
July
20, 2009
On this date, the Court issued an Order
relating to BW trial 1, stating that the July 17, 2009 deadline for filing
amended witness and exhibit lists is extended and continued until July 24,
2009 and that the July 17, 2009 deadline for filing objections to proposed
jury charges be and hereby is extended and continued until July 24, 2009.
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|
July
17, 2009
On this date, the parties filed amended witness and exhibit list
regarding the first bellwether trial. [Rec. Docs. 2207, 2208,
2209, 2210,
2211, and 2212].
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|
July
17, 2009
On this date, the Court held a telephone status conference regarding
mold testing in the Wright EHU. For the Court’s specific ruling relating
thereto, please see the Court’s July 17, 2009 Order.
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|
July
16, 2009
On this date, the Court issued an Order
continuing the committee and general status conferences, currently set for
Friday, July 31, 2009 at 8:45 a.m. and 10:00 a.m., respectively, to Friday,
August 7, 2009, at 8:45 a.m. and 10:00 a.m., respectively.
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|
July
15, 2009
On this date, the Court issued an Order
and Reasons granting Gulf Stream Coach, Inc.’s Motion to Exclude the
Testimony of Lila Laux (Rec. Doc. 1753).
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|
July
13, 2009
On this date, the Court issued an Order
and Reasons granting the PSC’s Motion to Certify for Interlocutory
Review Pursuant to 28 U.S.C. § 1292(b) the Court’s May 29, 2009 Order
Dismissing Plaintiffs’ Claims Based on Federal Preemption (Rec. Doc. 1813).
Also on this date, the Court issued an Order
and Reasons denying the Motion for Reconsideration (Rec. Doc. 2042) of
June 30, 2009 ruling (Rec. Doc. 2009)
disallowing testing for mold in the Wright EHU.
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|
July
9, 2009
On this date, the Court issued an Order
directing that on or before Tuesday, July 14, 2009, the interested parties
shall submit supplemental memoranda regarding the Opposed Motion for Leave
to File Third Supplemental and Amending Complaint (Rec. Doc. 2006) and the
Defendant United States of America’s Response in Opposition thereto (See
Rec. Doc. 2051).
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|
July
7, 2009
On this date, the Court entered an Order
directing that on or before Friday, July 17, 2009, the parties shall file
amended witness lists and exhibit lists that are compiled after serious
thought and deliberation and that can realistically serve as documents
which the parties or the Court can actually rely on in preparation for
trial, culling out witnesses and exhibits which are not likely to be
utilized at trial.
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|
July
6, 2009
On this date, the Court entered an Order
and Reasons denying the Motion to Strike Certain Expert Witnesses (Rec.
Doc. 1557) and offering guidance on the same.
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|
July
2, 2009
On this date, the Court entered an Order
and Reasons granting in part and denying in part the Defendant United
States of America’s Motion to Strike Jury Trial Request (Rec. Doc. 1400).
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|
July
1, 2009
The parties filed witness and exhibit lists for the first bellwether
trial. [Rec. Docs. 2022, 2023, 2024,
2025, 2026,
2027, and 2028]
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|
June
30, 2009
On this date, the Court entered an Order
and Reasons granting in part and denying in part Motion for Protective
Order Regarding Retesting of Plaintiff’s Temporary Housing Unit by
Defendants Forest River, Inc. and Shaw Environmental, Inc. (Rec. Doc.
1805).
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|
June
29, 2009
On this date, the Court entered an Order
and Reasons granting the PSC Motion for Protective Order Regarding
FEMA’s Disposition of Units (Rec. Doc. 1759). Nothing in the Order and
Reasons shall prohibit the Government from selling housing units to
individuals currently living in them. To the extent that the Government
later decides to sell such housing units to individuals others than those
currently living in these housing units (i.e., to the general public), the
PSC’s Motion for a Protective Order is granted such that a protective order
is hereby entered which prohibits FEMA’s sale, donation, or disposition of
such housing units which either are or presently can be matched to an
identified plaintiff in this litigation, pending proper notification to
counsel for that plaintiff which will afford counsel access to the unit for
appropriate, nondestructive testing and the preservation of evidence. This
protective order shall remain in effect until January 1, 2010.
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|
June
26, 2009
On this date, the Court entered an Order
extending the Non-Litigation Track.
Also 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 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, July 31, 2009
at 8:45 a.m. and 10:00 a.m., respectively. For a more detailed description
of the Court’s rulings and instructions during these conferences, see this
Court’s June 29, 2009 Order.
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|
June
24, 2009
On this date, the Court entered an Order
and Reasons deferring and taking under advisement the Defendant United
States of America’s Motion for a Protective Order to Prevent Plaintiffs’
Deposition of Harvey E. Johnson, Jr., Former FEMA Deputy Administrator and
Chief Operating Officer (Rec. Doc. 1756).
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|
June
22, 2009
On this date, the Court entered an Order
ordering that the PSC's Motion to Certify for Interlocutory Review Pursuant
to 28 U.S.C. § 1292(b) the Courts May 29, 2009 Order Dismissing Plaintiffs'
Claims Based on Federal Preemption (Rec. Doc. 1813) will be heard on an
expedited basis. Any opposition shall be filed on or before Friday, June
26, 2009 at noon.
Also, on this date, the Court entered an Order
changing certain deadlines in the Trial I Scheduling Order.
Finally, on this date, the Court entered an Order ordering that Fleetwood Enterprises,
Inc. and Fluor Enterprises, Inc.'s Motion for Protective Order Regarding
Plaintiffs' New Testing Protocol (Rec. Doc. 1815) will be heard on an
expedited basis. Any opposition shall be filed on or before Friday, June
26, 2009 at noon.
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June
17, 2009
On this date, the Court issued Pretrial
Order No. 40, specifically relating to numerous complaints field by the
Hurricane Legal Center.
Also on this date, the Court issued Pretrial
Order No. 41 changing the duties of a transferor court.
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June
16, 2009
On this date, the Court entered an Order
instructing that (1) Defendant United States of America’s Motion for a
Protective Order to Prevent Plaintiffs’ Deposition of Harvey E. Johnson,
Jr., Former FEMA Deputy Administrator and Chief Operating Officer (Rec.
Doc. 1756) and (2) the PSC Motion for Protective Order Regarding FEMA’s
Disposition of Units (Rec. Doc. 1759) would be heard on an expedited basis
with any oppositions due by Monday, June 22, 2009 at 9:00 a.m.
Also on this date, the Court entered an Order
appointing Dennis C. Reich and Robert M. Becnel
to the Plaintiffs’ Steering Committee.
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June
15, 2009
On this date, the Court entered an Order
substituting Elisha Dubuclet on behalf of Timia Dubuclet in place of Shalahn Jenkins and Craig Jenkins, Jr. to serve as the
bellwether plaintiff against Fleetwood Canada, Ltd., Fleetwood Enterprises,
Inc., Fleetwood Homes of North Carolina, Inc., Fleetwood Homes of Georgia,
Inc., and Fleetwood Travel Trailers of Maryland, Inc. in the October 26,
2009 bellwether trial.
Also on this date, the Court entered an Order
denying Plaintiffs’ Steering Committee (PSC) Motion to Continue Bellwether
Trial (Rec. Doc. 1694) and resetting some deadlines relating to the same.
Finally on this date, the Court issued an Order
and Reasons denying the Motion to Dismiss (Rec. Doc. 1324), filed by
the contractor defendants, except that the claim of any plaintiff who is
asserting a claim against an IA/TAC but who is not yet matched to a
specific IA/TAC is hereby dismissed without prejudice, in accordance with
this Court’s August 1, 2008 Order and Reasons (Rec. Doc. 599).
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June
12, 2009
On this date, the Court entered an Order
relating to the Defendant United States of America’s Motion for a
Protective Order to Prevent Plaintiffs’ Deposition of Patrick Preston and
Mary Martinet (Rec. Doc. 1613) and the deadline for the submission of a
joint or competing jury verdict forms.
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June
5, 2009
On this date, the Court entered an Order
allowing IBS to be placed on the non-litigation track.
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June
4, 2009
On this date, the Court issued Pretrial
Order No. 39, relating to the reopening of the application/nomination
process relating to the Plaintiffs’ Steering Committee.
Also on this date, the Court issued the scheduling
order for the fifth bellwether trial.
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May
29, 2009
On this Date, the Court issued an Order
and Reasons granting the Manufacturing Housing Defendants’ Joint Rule
12(b)(6) Motion to Dismiss Based on Federal
Preemption (Rec. Doc. 1192).
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May
28, 2009
On this date, the Court entered an Order
allowing contractor defendant Bechtel National, Inc. to participate in
pre-trial discovery scheduled in this MDL.
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May
27, 2009
On this date, the Court issued Pretrial
Order No. 38, relating to multiple plaintiff filings in the Eastern
District of Louisiana.
Also on this date, Magistrate Chasez held a
hearing on Keystone’s Motion to Compel Medical Exam of Plaintiff, Diana
Bell (Rec. doc. 1560) and granted this motion,
ordering that Plaintiff is to submit to an IME at East Jefferson Hospital
on June 2, 2009 at 9:00 a.m.
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May
22, 2009
On this date, the Court issued an Order
allowing Ronnie G. Penton to withdraw as a member of Plaintiffs’ Steering
Committee.
Also on this date, the Court held a telephone conference with liaison
counsel and entered an Order
relating to the juror questionnaire, the juror selection process, certain
deadlines for the first bellwether trial, and the selection of bellwether
plaintiff, trial date, and other relevant deadlines for the fifth
bellwether trial.
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May
18, 2009
On this date, the Court issued an Order
and Reasons granting Gulf Stream’s Motion for Protective Order
Regarding Re-Testing of Plaintiffs' Emergency Housing Unit (Rec. Doc.
1373).
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May
15, 2009
On this date, the Court issued an Order
and Reasons granting Fleetwood Enterprises, Inc.'s Motion for Protective
Order Regarding Re-Testing of Plaintiffs' Temporary Housing Unit (Rec. Doc.
1396).
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May
8, 2009
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 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, June 26, 2009 at 8:45 a.m. and 10:00 a.m.,
respectively. For a more detailed description of the Court’s rulings and
instructions during these conferences, see this Court’s May 8, 2009 Order.
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May
5, 2009
On this date, the Court issued an Order
relating to EHU testing at the Lottie, Louisiana Storage Facility and to
the cost owed by each Defendant relating to the court-approved notice in
newspapers.
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May
4, 2009
On this date, the Court issued an Order
[Rec. Doc. 1408] granting Destiny Industries, LLC, Lexington Homes, Inc.,
and TownHomes, LLC leave to join the
non-litigation track.
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April
29, 2009
On this date, the Court issued Pretrial
Order No. 36, which amends Pretrial Order No. 2 and reflects the
agreement between the parties with respect to case management issues
governing all post-class certification hearing proceedings in this matter.
Also on this date, the Court issued Pretrial
Order No. 37, which relates to the direct filing of cases in claims
against manufactured home defendants, where the Government is not a party.
Also on this date, the Court issued an Order
and Reasons wherein it denied the following motions: Newly Added
Defendants’ Motion to Dismiss Second Supplemental and Amended Master
Complaint (Rec. Doc. 747), the Rule 12(B) Motion to Dismiss (Rec. Doc.
748); the Motion to Dismiss Second Supplemental and Amended Master
Complaint Filed by Liberty Homes, Inc., Waverlee
Homes, Inc. And Redman Homes, Inc. (Rec. Doc. 756); the Motion to Dismiss
Second Supplemental and Amended Master Complaint Filed by Champion Home
Builders, Co. And Homes of Merit, Inc. (Rec. Doc. 882); American Homestar Defendants’ Joint Rule 12(b)(6)
Motion to Dismiss (Rec. Doc. 994).
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April
28, 2009
On this date, the Court issued an Order
relating to the depositions of minors Christopher Cooper and Craig Jenkins,
Jr., the deposition of the Gulf Stream Coach, Inc. representative, the
re-testing of the air quality in the Alexander unit, and the depositions of
Plaintiffs’ experts.
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April
20, 2009
On this date, the Court issued an Order
continuing the deadline contained in the April 9, 2009 Order (Rec. Doc.
1316), pertaining to the selection of a fifth bellwether defendant.
Also on this date, the Court issued an Order
granting leave to file a Second Amended Complaint in member case no.
07-9228.
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April
16, 2009
On this date, the Court issued an Order
relating to a juror questionnaire.
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April
15, 2009
On this date, the Court cancelled the
April 29, 2009 oral argument on the Motion to Dismiss (Rec. Doc. 1324).
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April
13, 2009
On this date, the Court ordered that
liaison counsel for the manufactured home defendants (who are currently on
a non-litigation track) and liaison counsel for the contractor defendants
shall notify the Court, by Thursday, April 16, 2009 at 5:00 p.m., whether
those defendants have any objections to direct filings into the MDL in
cases that do not involve the Government.
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April
9, 2009
On this date, the Court ordered that
by Monday, April 20, 2009, the parties shall agree on a bellwether
plaintiff who corresponds to a specific manufacturer to participate in a
fifth bellwether trial.
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April
8, 2009
On this date the Court issued scheduling order for the upcoming four
bellwether trials. [Rec. Docs. 1305, 1306, 1307,
and 1308].
Also on this date, Pilgrim International, Inc. Issued a Notice of Bankruptcy Filing.
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April
6, 2009
On this date, the Court issued Pretrial
Order No. 34 wherein the Court selected bellwether plaintiffs.
Also on this date, the Court issued Pretrial
Order No. 35 relating to the selection of defendant manufacturer for a
fifth bellwether trial.
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March
31, 2009
On this date, the Court granted motions for leave to file the Second
Amended Complaints in member case no. 07-5709. [Rec. Docs. 1254, 1261,
1274, and 1280].
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March
26, 2009
On this date, the Court granted the Motion to Substitute Party CH2M Hill
Constructors, Inc. and Shaw Environmental, Inc. in place of CH2M Hill, Inc.
and Shaw Group. [Rec. Doc. 1228].
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March
20, 2009
On this date, the Court issued an Order
and Reasons denying the Motion for Direct Filing into the Eastern
District of Louisiana (Rec. Doc. 1076).
Also on this date, the Court issued an Order
denying as moot Heartland Recreational Vehicles, LLC and Timberland RV
Company's Joint Motion to Dismiss the Second Supplemental and Amended
Master Complaint (Rec. Doc. 1027).
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March
18, 2009
On this date, the Court issued Pretrial
Order No. 32, which amends Pre Trial Order No. 2 (Rec. Doc. 87) in
several respects regarding the service of Plaintiff Fact Sheets.
Also, on this date, the Court issued an Order
appointing David Kurtz to serve as liaison counsel for the contractor
defendants.
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March
13, 2009
On this date, a minute entry was
entered wherein Magistrate Chasez granted
Plaintiffs’ motion to quash (Rec. Doc. 1148).
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March
12, 2009
On this date, a notice of bankruptcy filing was entered by Fleetwood Enterprises, Inc.
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March
11, 2009
On this date, notices of bankruptcy filing were entered by Fleetwood
Enterprises, Inc. [Rec. Docs. 1173, 1174, 1175,
1176, 1177,
1178, 1179]
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March
10, 2009
On this date, notices of bankruptcy filing were entered by Monaco Coach Corporation and R-Vision, Inc.
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March
5, 2009
On this date, the Court issued Pretrial
Order No. 31, which required that courtesy copies of all original
complaints filed on 2/27/09 - 3/2/09 and to be transferred to this MDL be
provided by Plaintiffs’ counsel to Defendants’ liaison counsel, Plaintiffs’
liaison counsel, and government counsel by 3/6/09 at 12:00 p.m.
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March
2, 2009
On this date, a transfer Order from
the MDL panel was entered into the record (re: Green v. Fleetwood).
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February
26, 2009
On this date, the Court issued Pretrial
Order No. 30 amending paragraph (8) of Pretrial Order No. 28 (Rec. Doc.
1096), appointing members to the Contractor Defendants’ Steering Committee.
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February
12, 2009
On this date, the Court issued an Order
appointing Mikal C. Watts to the Plaintiffs’
Steering Committee.
Also on this date, the Court issued Pretrial
Order No. 29 instructing that in addition to Paragraph (2) in Pretrial
Order No. 28 (regarding the submission of names of potential bellwether
trial plaintiffs) only those plaintiffs who, as of March 2, 2009, have
identified and sued one of the aforementioned four manufacturers, the
relevant contractor, and the Government, are eligible to serve as
bellwether trial plaintiffs.
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February
11, 2009
On this date, the Court issued an Order
granting Motion to Dismiss Complaint by
Silver Creek Homes, Inc.
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February
10, 2009
On this date, the Court issued Pretrial
Order No. 28 indicating that on February 5, 2009, a status conference
was held in chambers with liaison counsel and counsel for the Government.
For a full briefing of what was discussed, go to the FEMA website or to the
Court’s docket.
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February
4, 2009
On this date, the Court issued an Order
granting leave to Henry Gautreaux to file Second Amended Complaint.
Also on this date, the Court issued an Order
granting leave to Quinnan Johnson and Joy Johnson
to file First Amended Complaint.
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January
30, 2009
On this date, the Court issued an Order
granting leave to Robert Devlin, Luca Devlin and Johnnie Speer to file First
Amended Complaint.
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January
22, 2009
On this date, the Court issued Pretrial
Order No. 27 indicating that on January 16, 2009, a status conference
was held in chambers with liaison counsel, steering committee members and
counsel for the Government; and a general status conference was also held
in the courtroom with all counsel. For a full briefing of what was
discussed, go to the FEMA website or to the Court’s docket.
Also on this date, the Court issued Pretrial
Order No. 27 vacating Pretrial Order No.
22 dated 1/21/2009.
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January
21, 2009
On this date, the Court issued an Order,
granting as unopposed defendant ScotBilt Homes,
Inc.’s Motion to Dismiss which
effectively dismissed without prejudice Plaintiffs’ claims against
Defendant ScotBilt Homes, Inc.
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January
6, 2009
On this date, the Court issued an Order
regarding the sale and destructive/component part testing of emergency
housing units.
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December
31, 2008
On this date, the Court issued an Order,
granting as unopposed Defendants, Cavalier Home Builders, LLC, Cavalier
Homes, Inc., Redman Homes, Inc., Liberty Homes, Inc., Waverlee
Homes, Inc., and River Birch Homes, Inc.’s Motion to Dismiss (Rec. Doc.
986), which effectively dismissed without prejudice Plaintiffs’ claims
against Defendants Cavalier Home Builders, LLC, Cavalier Homes, Inc.,
Redman Homes, Inc., for itself and in its capacity as the acquiring entity
by merger of the corporation formerly known as Dutch Housing, Inc., Liberty
Homes, Inc., Waverlee Homes, Inc., and River
Birch Homes, Inc.
Also on this date, the Court issued an Order,
granting as unopposed the Motion to Dismiss on Behalf of Amercian Homestar and Oak
Creek Homes, LP (Rec. Doc. 987), which effectively dismissed without
prejudice Plaintiffs’ claims against Defendants American Homestar Corporation, Oak Creek Homes, LP, and Oak
Creek Homes, Inc.
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December
30, 2008
On this date, the Court issued an Order
and Reasons denying the Motion for Leave to File First Supplemental and
Amending Complaint (Rec. Doc. 758), without prejudice to the right of
Plaintiffs to seek leave of Court, within 15 days of the entry of the Order
and Reasons, to file another version of an amended complaint, which does
not raise class action allegations.
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December
29, 2008
On this date, the Court issued an Order
and Reasons denying class certification.
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December
22, 2008
On this date, the Court issued an Order
relating to the destructive testing of EHUs and setting a telephone
conference regarding same for Monday, January 5, 2009 at 2:30 p.m.
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December
19, 2008
On this date, the Court issued an Amendment
Order for Plaintiffs’ Counsel Time and Expense Submissions.
Also on this date,
the Court docketed the signed Amended
Pretrial Order relating to Class Certification
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December
18, 2008
Pursuant to the Court’s
Pretrial Order No. 24 , the Court
issued an Order regarding the Non-Litigation Track for certain Defendants
that manufactured HUD-regulated homes.
Also on this date, pursuant to the Court’s Pretrial Order No. 25, the Court
continued certain motions filed by Defendants on the Non-Litigation Track.
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December
15, 2008
On this date, the Court issued an Order,
granting (as expressly unopposed) Defendant Palm Harbor Homes, Inc.’s
Motion to Dismiss (Rec. Doc. 966), which effectively dismissed without
prejudice Plaintiffs’ claims against Palm Harbor Homes, Inc.
Also on this date, issued an Order
instructing that the parties shall confer and submit to the Court a joint
proposed order regarding the destructive testing of EHUs.
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December
12, 2008
On this date, the Court issued an Order
and Reasons granting in part and denying in part the 12(B)(2) Motion to Dismiss Coachmen Industries, Inc. For
Lack of Personal Jurisdiction Adopting Previously-Filed 12(B)(2) Motion [Rec. Doc. 213] (Rec. Doc. 784).
Also on this date, the Court issued an Order
granting in part and denying in part Coachmen Recreational Vehicle Company
of Georgia, LLC and Viking Recreational Vehicle Company LLC’s Response to
the First and Second Supplemental and Amended Master Complaints of
Plaintiffs Adopting Previously Filed 12(B) Motions [Rec. Doc. 210] (Rec.
Doc. 782).
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December
11, 2008
On this date, the Court issued an Order
denying without prejudice (to the right of Coachmen to re-assert these
arguments in a separate motion, if necessary, when such arguments are
raised by other defendants) the 12(B)(2) Motion to
Dismiss Coachmen Industries, Inc. For Lack of Personal Jurisdiction
Adopting Previously-Filed 12(B)(2) Motion [Rec.
Doc. 213] (Rec. Doc. 784).
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December
10, 2008
On this date, the Court issued an Order,
granting (as expressly unopposed) the Motion to Dismiss on Behalf Of Giles
Industries, Inc., Southern Energy Homes, Inc., and Sunray RV, LLC (Rec.
Doc. 949), which effectively dismissed without prejudice Plaintiffs’ claims
against Giles Industries, Inc., Southern Energy Homes, Inc., and Sunray RV,
LLC.
Also on this date, the Court issued an Order,
granting (as expressly unopposed) the Rule 12(B) Motion to Dismiss (Rec.
Doc. 950), which effectively dismissed without prejudice Plaintiffs’ claims
against Indiana Building Systems, L.L.C., d/b/a/ Holly Park
("IBS").
Last, on this date, the Court issued an Order
denying as moot Giles Industries, Inc.’s and SunRay
RV, LLC’s Motion for Summary Judgment (Rec. Doc. 970).
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December
2, 2008
On this date, the Court held the class
certification hearing.
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December
1, 2008
On this date, the Court issued an Order
and Reasons, granting the PSC Motion to Alter Judgement
Under FRCP 59(e) (Rec. Doc 908), which effectively vacated the portion of
the November 6, 2008 Order and Reasons (Rec. Doc. 842), which granted as
unopposed Morgan’s Motion to Dismiss Patricia A. Burr’s individual claims
(Rec. Doc. 726). This same order denied without prejudice (to the right of
Morgan to re-urge these arguments in a separate motion, if necessary, when
such arguments are raised by other defendants) Morgan’s Motion to Dismiss
(Rec. Doc. 726) as it relates to Patricia A. Burr’s individual claims.
Also on this date, the Court issued an Order
and Reasons, denying in part and granting in part the Manufacturing
Defendants’ Motion to Strike certain class representatives (Rec. Doc. 920).
Last, on this day, the Court issued an Order
wherein it granted the Manufacturing Defendants’ Unopposed Motion to
Withdraw Motion to Exclude the Testimony of Dr. Kenneth Paris.
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November
26, 2008
On this date, the Court issued an Order
and Reasons, denying Plaintiffs Steering Committee’s Motion for
Reconsideration of Dismissal of Morgan’s Rule 12(b)(1)
Class Claims (Rec. Doc 909).
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November
24, 2008
On this date, the Court issued an Order
relating to the preparation of a proposed order regarding a non-litigation
track, the continuation of hearing for Rec. Doc. 907, and the expedited
hearing of Rec. Docs. 908 and 909.
Also on this date, the Court issued an Order,
finding that Rec. Doc. 909 would be heard on an expedited basis.
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November
19, 2008
Pursuant to the Court’s
Pretrial Order No. 20, the Court
issued specific instructions regarding mailing items to government counsel.
Also on this date, pursuant to the Court’s Pretrial Order No. 23, the Court issued
further instructions regarding the filing of motions.
Also on this date, the Court issued a Disclosure,
signed by all lead counsel, regarding the lack of objection to Amanda Ballay continuing to serve as the specially-designated
MDL law clerk on this matter.
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November 13, 2008
On this date, the Court issued an Order,
granting as unopposed the Motion for Summary Judgment (Rec. Doc. 779),
filed by Phillips Products, Inc.
Also on this date, the Court issued an Order,
denying the Motion to Reconsider Order (Rec. Doc. 720) or, in the Alternative,
to Certify for Interlocutory Appeal.
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|
November 12, 2008
On this date, the Court issued an Order
and Reasons, denying the Rule 12(b) Motion to Dismiss, filed by
Defendant Horton Homes, Inc. ("Horton").
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|
November 7, 2008
On this date, the Court issued an Order
and Reasons, granting Morgan’s motion in limine
to exclude evidence of class action claims.
Also 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 class certification hearing for
Tuesday, December 2, 2008, at 8:30 a.m. The Court ruled that on or before
November 26, 2008, the Government shall report to the Court and opposing
counsel on the issue of the transfer of EHUs. Further, the Court ordered
the Government to submit a proposed order to the Court regarding the receipt
of documents by mail. Also, the Court ordered the parties to submit an
agreed upon litigation track or schedule to be utilized by certain
Newly-Added Defendants (specifically, the manufacturers of mobile housing
units). Last, the Court 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, January 16, 2009 at 8:45 a.m.
and 10:00 a.m., respectively.
These matters are memorialized in the Court’s Pretrial Order No. 21.
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|
November 6, 2008
On this date, the Court issued an Order
and Reasons, granting Morgan’s Rule 12(b)(1)
Motion to Dismiss.
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|
November 4, 2008
Pursuant to the
Court’s Pretrial Order No. 20, the Court made
revisions to Pretrial Order No. 17, relative to the deadlines for filings
and responding to Daubert challenges.
Also on this date, the Court issued an Order
granting the unopposed motion for leave to conduct depositions of newly
added Defendants’ putative class representatives.
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|
November 3, 2008
On this date, the Court issued an Order and
Reasons, granting the dismissal of Newly Added Defendant, Indiana
Building Systems, L.L.C., d/b/a Holly Park ("IBS") because
Plaintiffs failed to assert that any plaintiff, whether a class
representative or not, allegedly resided in a home manufactured by IBS.
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|
October 30, 2008
On this date, Magistrate Judge Roby issued a Recusal Order.
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|
October 29, 2008
On this date, the Court issued an Order,
regarding subpoenas and Freedom of Information Act ("FOIA")
requests issued to the Department of Energy (DOE), Lawrence Livermore
Laboratory, Berkeley, California and the Bureau Veritas
North America, Inc. The Order also addressed governmental testing by these
entities of FEMA emergency housing units ("EHUs") of individuals
represented by counsel.
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|
October 17, 2008
On this date, the Court issued an Order,
extending the discovery deadline relative to class certification to October
24, 2008, for the limited purpose of conducting the deposition of
manufacturer defendants’ expert Dr. Michael Ginevan.
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|
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.
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|
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).
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|
October 1, 2008
On this date, a Stipulated Protective Order was issued by
Magistrate Roby.
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|
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.
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|
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.
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|
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).
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|
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."
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|
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.
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|
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.
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|
August 22, 2008
Plaintiffs filed their
List of proposed Class Representatives. (Rec.
Doc. 666)
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|
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.
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|
August 11, 2008
On this date, Magistrate
Roby issued an Order ,
which extended the time to submit a Protective Order.
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|
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.
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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).
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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.
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July
31, 2008
Magistrate Roby issued
an Order relative to Defendants' Motion
for Protective Order Regarding Electronic Discovery (Rec. Doc. 531).
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July
29, 2008
Magistrate Roby issued
an Order relative to Plaintiffs' Motion
for Entry of Proposed "Stipulated Protective Order" (Rec. Doc.
538).
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July
24, 2008
Pursuant to the Court's
Pretrial Order No. 13, the Court ordered
certain revisions to Pre-Trial Order No. 8.
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July
9, 2008
Magistrate Roby issued
an Order and Reasons relative to the
Motion for Protective Order on Merits Discovery (Rec. Doc. 408)
.
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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.
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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)
.
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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.
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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.
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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.
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May 30, 2008
Pursuant to the Court’s
Pretrial Order No. 10, the Court
set forth specific rules regarding motion practice.
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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.
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May 23, 2008
Pursuant to the Court’s
Pretrial Order No. 8, the Court set
additional deadlines regarding class certification.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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January 2, 2008
Pursuant to the Court’s
January 2, 2008 Order, the Motion
to Amend Protective Order (Rec. Doc. 72) is DENIED.
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December 27, 2007
Pursuant to the Court’s
December 27, 2007 Order, the Motion
for Preliminary Injunction (Rec. Doc. 8) is DENIED.
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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.
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December 13, 2007
On this date, the
Court issued a Protective Order Concerning
FEMA Testing of Housing Units.
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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.
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