Case Developments
Last Updated: June 23, 2009
 

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.

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.

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.

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).

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.

June 5, 2009 On this date, the Court entered an Order allowing IBS to be placed on the non-litigation track.

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.

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).

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.

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.

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.

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).

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).

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.

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.

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.

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).

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.

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.

April 16, 2009 On this date, the Court issued an Order relating to a juror questionnaire.

April 15, 2009 On this date, the Court cancelled the April 29, 2009 oral argument on the Motion to Dismiss (Rec. Doc. 1324).

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.

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.

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.

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.

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].

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].

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).

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.

March 13, 2009 On this date, a minute entry was entered wherein Magistrate Chasez granted Plaintiffs’ motion to quash (Rec. Doc. 1148).

March 12, 2009 On this date, a notice of bankruptcy filing was entered by Fleetwood Enterprises, Inc.

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]

March 10, 2009 On this date, notices of bankruptcy filing were entered by Monaco Coach Corporation and R-Vision, Inc.

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.

March 2, 2009 On this date, a transfer Order from the MDL panel was entered into the record (re: Green v. Fleetwood).

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.

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.

February 11, 2009 On this date, the Court issued an Order granting Motion to Dismiss Complaint by Silver Creek Homes, Inc.

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.

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.

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.

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.

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.

January 6, 2009 On this date, the Court issued an Order regarding the sale and destructive/component part testing of emergency housing units.

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.

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.

December 29, 2008 On this date, the Court issued an Order and Reasons denying class certification.

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.

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

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.

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.

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).

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).

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).

December 2, 2008 On this date, the Court held the class certification hearing.

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.

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).

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.

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.

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.

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").

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.

November 6, 2008 On this date, the Court issued an Order and Reasons, granting Morgan’s Rule 12(b)(1) Motion to Dismiss.

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.

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.

October 30, 2008 On this date, Magistrate Judge Roby issued a Recusal Order.

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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