Current Developments
Last Updated: 11/14/2014
 
November 14, 2014 The Court issued Pretrial Order No. 33 setting a status conference on November 20, 2014 at 10:00 a.m.
November 7, 2014 The Court issued Pretrial Order No. 32 setting forth deadlines for the filing of a response to defendants' motion to strike the supplement report of Dr. Rausser and for submission of motions for preliminary approval of settlements.
October 16, 2014 The Court issued Pretrial Order No. 31 modifying deadlines relevant to the proposed settlement between Haywood Industries and Direct Purchase Plaintiffs.
September 26, 2014 The Court issued an Order setting forth the procedures regarding certification of the class for the purpose of settlement only.
September 26, 2014 The Court issued an Order granting Direct Purchaser Plaintiffs' Motion for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Hayward Industries and Certification of Class Settlement.
August 27, 2014 The Court issued an Pretrial Order No. 30 specifying conditions and restrictions with regards to the submission of Dr. Rausser's supplement report.
August 22, 2014 Special Master Richard C. Stanley appointed by Court order.
August 22, 2014 The Court issued an Order granting DPPs leave to submit Dr. Rausser's supplemental report, subject to conditions set forth in this order.
August 15, 2014 The Court issued Pretrial Order No. 29 setting forth rulings and deadlines discussed at the status conference held August 14, 2014.
August 12, 2014 The Court issued Pretrial Order No. 28 regarding sealing DPPs' response to Pretrial Order No. 27.
July 23, 2014 The Court issued Pretrial Order No. 27 setting DPPs and Hayward and IPPs motions (Rec. Docs. No. 417 & 418) for preliminary approval of proposed case settlement for hearing on August 14, 2014, immediately following the previously scheduled status conference. Parties are directed to provide the information listed in PTO 27 by August 7, 2014.
July 9, 2014 The Court issued an Order granting Defendants' motion to strike the supplemental report of Dr. Gordan Rausser (Rec. Doc. No. 425).
July 8, 2014 The Court issued Pretrial Order No. 26 DPP's response to defendants' motion to strike (Rec. Doc. No. 425) due July 8, 2014.
July 8, 2014

 

The Court issued Pretrial Order No. 25 vacating Pretrial Order No. 24 with regard to the schedule for resolving disputes concerning the admissibility of summary judgment evidence. Page limits remain in effect. A chart regarding brief page limits is attached to this order.
June 4, 2014 The Court issued Pretrial Order No. 24 approving the parties' proposed schedule for resolving disputes concerning the admissibility of summary judgment evidence. Parties to comply with page limits for briefs as shown on the chart attached to the order.
May 13, 2014

 

The Court issued Pretrial Order No. 23 setting forth rulings discussed at the status conference held May 13, 2024 and resetting a future status conference for August 14, 2014 at 10:00 a.m.
February 13, 2014 The Court issued Pretrial Order No. 22 setting forth rulings discussed at the status conference held February 13, 2014 and resetting a future status conference for May 13, 2014 at 10:00 a.m.
December 18, 2013

 

The Court issued an Order granting in part and denying in part defendants' motions to dismiss DPPs' claims of a horizontal conspiracy and fraudulent concealment. DPPs' claim of a horizontal conspiracy to raise free freight minimums may go forward, but plaintiffs' claim of a horizontal conspiracy to impose onerous terms on buying groups is dismissed. The SCAC's fraudulent concealment allegation is dismissed.
November 25, 2013 The Court issued an Order granting DPP's Motion for Extension of Time to Meet and Confer to Resolve Privilege Assertions and Logs for Documents Being Withheld from Production.
November 19, 2013 The Court issued Pretrial Order No. 21 addressing the submission of monthly discovery reports and implementing protocols to resolve any future discovery issues.
October 21, 2013 Oral argument with counsel held this date. Motions taken under submission. See record doc. no. 333.
October 21, 2013 The Court issued Pretrial Order No. 20 setting forth rulings discussed at the status conference held October 21, 2013.
August 20, 2013 The Court issued an Order resetting the Status Conference to October 21, 2013, at 2:00 p.m.
July 30, 2013 The Court issued an Order cancelling the August 1st Status Conference.
July 19, 2013 The Court issued an Order setting forth deadlines for filing of documents in conjunction with defendants’ Rule 37 sanctions and setting a Status Conference with Judge Vance and Magistrate Judge Wilkinson on August 1, 2013 at 11:00 a.m. in Judge Vance’s chambers.
July 18, 2013 The Magistrate Judge issued an Order regarding the deposition of Greg Howard.
July 16, 2013 The Court issued an Order granting Indirect Purchaser Plaintiffs’ motion for leave to file third amend complaint.
July 3, 2013 The issued Pretrial Order No. 19 clarifying its ruling set forth in Pretrial Order No. 18.
June 21, 2013 The Court denied DPPs’ motion to file Second Consolidated Amended Class Action Complaint under seal.
June 21, 2013 The Court issued Pretrial Order No. 18 setting forth rulings discussed at the status conference held June 20, 2013.
June 18, 2013 The Court grants DPPs’ motion for leave to file Second Consolidated Amended Class Action Complaint.
June 5, 2013 The Court issued an Order and Reasons addressing the Federal Trade Commission’s motion to intervene for the limited purpose of shielding privileged material from discovery and request for issuance of a protective order.
May 24, 2013 The Court issued an Order and Reasons addressing defendants’ motions to dismiss indirect-purchaser plaintiffs’ state law claims.
May 8, 2013 The Court issued an Order addressing FTC’s motion for a temporary stay of third-party discovery.
April 11, 2013 The Court issued Order and Reasons granted in part and denied in part the defendants’ motions to dismiss direct-purchaser plaintiffs’ claims.
March 7, 2013 The Court issued Pretrial Order No. 4A removing Hollis L. Salzman from the Plaintiffs’ Steering Committee and Plaintiffs’ Executive Committee and appointing Jay L. Himes in her stead.
 
March 7, 2013 The Court issued Deposition and Subpoena Guidelines Order.
 
March 7, 2013 The Court issued Pretrial Order No. 17 setting forth rulings discussed at the status conference held March 6, 2013.
 
February 8, 2013 The Magistrate Judge issued a Minute Entry quashing Pentair’s deposition notices and subpoenas and sets deadlines for submitting a proposed schedule to the Court as discussed at the telephone conference held this date.
 
December 7, 2012 The Court issued Pretrial Order No. 16 setting forth discovery deadlines discussed at the status conference held December 6, 2012.
 
November 6, 2012 The Court issued Pretrial Order No. 15 regarding disputed discovery requests raised by the parties in their joint discovery motion and at the discovery conference held on October 25, 2012.
 
October 25, 2012 The Court issued a Minute Entry setting the schedule discussed at the discovery conference held this date.
 
September 7, 2012 The Court issued an Order granting Indirect Purchaser Plaintiffs’ motion for leave to amend complaint.
 
September 5, 2012 The Court issued Pretrial Order No. 13 granting Indirect Purchaser Plaintiffs’ motion for leave to file amended complaint and setting forth a deadline for Defendants’ to file amendments to their motions to dismiss.
 
September 4, 2012

The Court issued Pretrial Order No. 12 memorializing its conference with Liaison Counsel.

Oral argument on motion to dismiss set for October 31, 2012 at 11:30 a.m.
 

August 3, 2012 Revised Protective Order issued by the Court.
 
July 27, 2012 The Court issued Pretrial Order No. 11 appointing Defendant Manufacturers’ liaison counsel.
 
July 26, 2012 Stipulation regarding protocol for production of FTC documents by Manufacturer Defendants.
 
July 25, 2012 The Court issued Order setting a telephone conference on July 30, 2012, at 10:00 a.m.
 
July 12, 2012 The Court issued Pretrial Order No. 10 memorializing its rulings and schedule as set forth at the July 11, 2012 status conference.

The next status conference set for September 6, 2012 at 2:00 p.m. in Judge Vance’s courtroom, Room C279, United States Courthouse, 500 Poydras Street, New Orleans, LA 70130.
 

July 6, 2012 The Court issued Pretrial Order No. 9 regarding time and expense submissions.
 
July 6, 2012 The Court issued Pretrial Order No. 8 regarding electronic service.
 
July 3, 2012 The Court issued Pretrial Order No. 7 regarding production of documents and electronic data.
 
June 25, 2012 Stipulated Protective Order issued by the Court.
 
June 15, 2012 The Court issued Pretrial Order No. 6 regarding non-waiver of privileged documents.
 
June 11, 2012 Stipulation regarding expert materials issued by Court.
 
June 4, 2012 The Court issued Pretrial Order No. 5 memorializing its rulings and schedule as set forth at the May 30, 2012 status conference.

Oral argument on motion to dismiss set for October 17, 2012 at 10:00 a.m.

The next status conference set for July 11, 2012 at 10:00 a.m. in Judge Vance’s courtroom, Room C279, United States Courthouse, 500 Poydras Street, New Orleans, LA 70130.
 

June 4, 2012

The Court issued Pretrial Order No. 2A requiring all counsel to provide current contact information to liaison counsel and to update such information on an ongoing basis.
 
May 29, 2012 The Court issued Pretrial Order No. 4 making the following appointments:
  • Plaintiffs' Steering Committee
    Ronald Aranoff
    Hollis L. Salzman
    Robert N. Kaplan
    Russ M. Herman
    Linda P. Nussbaum
    Scott R. Bickford
    Arnold Levin
    Daniel W. Krasner
    Richard J. Arsenault
    Douglas G. Thompson, Jr.
    Matthew B. Moreland
    Vincent J. Esades

  • Plaintiffs' Executive Committee
    Russ M. Herman
    Ronald J. Aranoff
    Hollis L. Salzman
    Robert N. Kaplan
  • May 29, 2012 The Court issued Pretrial Order No. 3 making the following appointment:
  • Defendants' Liaison Counsel:
    William B. Gaudet, of Adams and Reese
  • May 29, 2012

    The Court issued Pretrial Order No. 2 making the following appointments:
    • Direct Purchaser Plaintiffs' Liaison Counsel:
      Russ Herman, of Herman, Herman, Katz & Cotlar, LLP
      Camilo Salas, of Salas & Co., LP
  • Indirect Purchaser Plaintiffs' Liaison Counsel:
    Thomas H. Brill
  • April 27, 2012

    Conditional Transfer Order-1 received from the MDL Panel transferring four (4) civil actions to the Eastern District of Louisiana.
     
    April 26, 2012 The Court issued a Disclosure regarding Quinn Emanuel Urquhart & Sullivan, LLP's appearance of counsel for the plaintiff in Handy Works Plus LLC v. Pool Corporation, et al, Civil Action No. 12-0061.

    Any party who wishes to seek Judge Vance's disqualification under the circumstances stated in the Disclosure shall do so by appropriate motion within ten days of entry of this disclosure.
     
    April 25, 2012 The Court issued Pretrial Order No. 1 scheduling an initial conference for May 30, 2012 at 10:00 a.m. in Judge Vance's courtroom, Room C279, United States Courthouse, 500 Poydras Street, New Orleans, LA 70130. The Court stated that the conference would be held for the purposes specified in Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f).

    Counsel are encouraged to advise the Court by May 23, 2012 if there are items that should be added to the agenda.

    Counsel for the plaintiffs and the defendants were ordered to submit separate written statements by May 23, 2012 indicating their preliminary understandings of the facts involved in the litigation and the critical factual and legal issues.

    The Court stated that it will appoint liaison counsel for plaintiffs and for defendants. Counsel to confer by May 16, 2012 to seek consensus on the selection of a candidate for liaison counsel. Proposals for liaison counsel shall be submitted to the Court no later than May 23, 2012.

    It is the Court's intention to appoint a Plaintiffs' Steering Committee. The Court ordered applications for these positions to be filed with the clerk's office on or before May 16, 2012. Any objections to be filed by May 23, 2012.
     

    April 17, 2012 Order received from MDL Panel transferring civil action cases to the Eastern District of Louisiana.