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Case Developments
Last Updated:
January 28, 2010
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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.
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January 25, 2010 Gulf Stream
filed its Response to PSC’s
Objections to its nominees for the upcoming Gulf stream bellwether
trial.
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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.
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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).
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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.
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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).
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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.
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January 10, 2010 On this date,
the Government issued a Notice of
Intent to Dispose of Certain EHUs.
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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.
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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.
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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.
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December 18, 2009 On this date, a
Notice of Filing of Bankruptcy [Rec. Doc.9369]
was filed.
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December 17, 2009 On this date,
several Notices of Filing of Bankruptcy [Rec. Docs.
9365,
9366,
9367,
9368] were filed.
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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.
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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.
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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.
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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).
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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).
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December 3, 2009 On this date,
the Court issued an Order
continuing the Fleetwood bellwether trial without date.
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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
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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].
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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.
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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].
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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).
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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).
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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).
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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.
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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.
|
|
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.
|
|
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
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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, 2008On 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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