January 24, 2012
On this date, the Court issued
Pretrial Order 1I regarding the preservation of physical
evidence.
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January 10, 2012
On this date, the Court issued an
Order
preliminarily approving the Knauf Settlement Agreement, issuing
Class Notice, scheduling a
settlement Fairness Hearing, and staying claims as to the Knauf
defendants. See (R. Doc. 12138)
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December 20, 2011
On this date, the Plaintiffs’ Steering Committee and Knauf
Plasterboard Tianjin filed their global, class action
Settlement Agreement
with the Court, as well as a joint Motion for Preliminary Approval
of this Agreement. See (R. Doc. 12061).
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December 16, 2011
On this date, the Court issued orders continuing the dates for
opt-outs and objections to the
Banner and
InEx
class action settlement agreements.
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December 15, 2011
On this date, the Court announced the global, class action
settlement agreement between the Plaintiffs’ Steering Committee and
Knauf Plasterboard Tianjin.
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November 18, 2011
On this date, the Court issued two orders continuing relevant
dates for the Interior Exterior and Banner settlement agreements,
including the dates for opt-outs/objections and the fairness
hearings. The Interior Exterior Order can be found
here. The Banner
Order can be found
here.
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November 16, 2011
On this date, the Court approved the Term Sheet Agreement for the
Knauf Entities Settlement Agreements with Homebuilders. See
(R. Doc. 10252). A copy of this Term Sheet without the sealed,
confidential exhibits can be found
here.
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November 4, 2011
On this date, the Court issued
Pretrial Order 25 regarding deadlines for submission of
profile forms.
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September 9, 2011
On this date, the Court issued an
Order & Reasons
resolving in part discovery issues involving the Taishan entities.
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August 25, 2011
On this date the Court issued an
Order Adjourning the
Formal Fairness Hearing and Extending the Opt-out/Objection Period.
See (R. Doc. 10185). This Order continues the dates for the
opt-out and objection period and the formal fairness hearing on the
Interior Exterior Settlement Agreement, rescheduling such dates so
they are consistent with those for the Banner Settlement Agreement.
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August 11, 2011
On this date the Court issued the
Preliminary Approval Order
of the Amended Banner Class Settlement Agreement and Exhibits.
See (R. Doc. 10064). The Class Notice is attached to
this Order.
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June 14, 2011
On this date the Banner Settlement Agreement was announced, and
the settling parties filed a Joint Motion for an Order: (1)
Preliminarily Approving Stipulation and Agreement of Settlement; (2)
Conditionally Certifying Class; (3) Issuing Class Notice; and (4)
Scheduling Fairness Hearing, and a Joint Motion for Staying Claims
as to Banner and Its Insurers.
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May 13, 2011
On May 13, 2011, the Court issued a
Preliminary Approval Order
(R. Doc. 8818) of the
InEx Settlement
Agreement (R. Doc. 8628-3), including the
Exhibits
thereto.
Additionally, the Preliminary Approval Order requires the posting
of Notice of Class
Action Settlement.
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March 24, 2011
On March 22, 2011, Taishan Gypsum Co. Ltd. and Tai’an Taishan
Plasterboard Co. Ltd. filed a
Supplemental Memorandum
regarding photos of their trademarks which are required pursuant to
Pretrial Order No. 10. The Court has now posted these trademarks
under the "Photo Catalog" section for Pretrial Order No. 10 at "14A"
on the "Pretrial Orders" link of this site.
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February 9, 2011
The Court issued on this date: an
Order & Reasons resolving
certain CGL insurers' challenges to personal jurisdiction and an
Order & Reasons
resolving certain CGL insurers' indispensable party challenges.
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January 12, 2011
The Court issued Pretrial Order No. 8A
reappointing members to the Plaintiffs' Steering Committee.
The Court also issued an
Order establishing a discovery, briefing, and hearing
scheduled for a number of pending class certification motions.
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December 16, 2010
The Court issued an
Order & Reasons
resolving motions to dismiss filed by homeowners’ insurers.
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October 25, 2010
The Court issued Pretrial Order No.
1H regarding the PSC's Notice of Completion of Amendments to
Omni Complaints.
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October 14, 2010
The Knauf Entities and the Plaintiffs’ Steering Committee
announced the execution of their
Settlement Agreement
for the Demonstration Remediation of Homes with KPT Drywall.
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August 19, 2010
The Court issued an
Order regarding
a dispute which arose during a Federal Rule of Civil Procedure
30(b)(6) deposition on this date.
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June 18, 2010
The Court issued a
Minute Entry for the settlement conference between the
parties scheduled to go to trial on June 21, 2010. In the Minute
Entry, the Court issued a Partial Order of Dismissal in Case No.
09-7628, for Paul Clement & Celeste Schexnaydre Clement v. Knauf
Plasterboard (Tianjin) Co. Ltd., and John Campbell v. Knauf
Plasterboard (Tianjin) Co. Ltd.
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May 27, 2010
The Court issued Pretrial Order #1G
regarding uniform response times for notices of appearance, profile
forms, and responsive pleadings.
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May 11, 2010
The Court issued a
Judgment in the Hernandez case and a
Default Judgment
in the Germano case.
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April 27, 2010
The Court issued
Findings of Fact & Conclusions of
Law in the
Hernandez matter. Additionally the Court issued the following
pretrial orders:
- Pretrial Order #22,
regarding privileged communications between counsel and
representatives of insurance companies;
- Pretrial Order #23,
creating an Insurer Profile Form and directing the appropriate
parties to complete and submit this form; and
- Pretrial Order #24,
clarifying that recent document subpoenas issued by the Plaintiffs
are to be treated as Federal Rule of Civil Procedure 34 document
requests and setting deadlines for responding to these requests,
and additionally continuing Rule 30(b)(6) depositions.
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April 8, 2010
The Court issued Findings of
Fact & Conclusions of Law in the Germano matter regarding
the proper scope of remediation and costs of remediation for the
seven Plaintiff-intervenors.
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April 6, 2010
The Court issued Pretrial Order #20,
creating an Insurer Committee, and
Pretrial Order #21, creating a Retailer Profile Form.
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March 19, 2010
The Court issued Pretrial Order #19,
appointing a State and Federal Coordination Committee.
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March 10, 2010
The Court issued Pretrial Order #1F
regarding filing deadlines and instructions for all cases in the MDL.
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February 12, 2010
The Court issued Pretrial Order #1E
with regarding to lifting the stay on responsive pleadings in the
Gross matter.
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January 8, 2010
The Court issued Pretrial Order #1D,
lifting the stay as to all responsive pleadings.
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November 24, 2009
The Court issued an
Order
appointing Michael K. Rozen of Feinberg Rozen LLP as Special Master.
The Court issued Pretrial Order #1C
amending Pretrial Order #1 by lifting the stay on motion practice,
but continuing all motions filed in the MDL without date.
The Court issued Pretrial Order #13A
amending Pretrial Order #13 creating a new Threshold Inspection
Program protocol.
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November 20, 2009
The Court issued an Entry of
Preliminary Default in Germano v. Taishan Gypsum Co.,
Case no. 09-6687 against Defendant Taishan Gypsum Co., Ltd.
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November 12, 2009
The Court issued a
Notice indicating
its intent to appoint Michael K. Rozen from Feinberg Rozen, LLP as
special master. The parties may file a response to the Notice by
Tuesday, November 17, 2009.
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November 5, 2009
The Court issued Pretrial Order
#18 appointing Phillip A. Wittmann to be the
Homebuilders and
Installers Liaison Counsel.
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November 2, 2009
The Court issued Pretrial Order
#17 recognizing and confirming KPT’s agreement to accept
service of the PSC’s Omnibus Class Action Complaint. The Court will
conduct a telephonic conference in which the Court will speak to the
issues germane to this Order on November 4, 2009 at 11:00 a.m. CST.
The dial-in phone number is (866) 213-7163; the conference ID number
is 39396867.
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October 19, 2009
Please note that the call-in phone number and access code for
the monthly status conference scheduled for Thursday, November 19,
2009, at 9:00 am are 1-866-213-7163 and 37015918. This
information can also be found on this website under the
Calendar link.
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October 13, 2009
The Court issued Pretrial Order
#14(A) which amends Pretrial Order #14, in order to properly
reflect the agreement entered into by the parties in drafting the
Exporter, Importer or Broker Defendant Profile Form. The revised
Profile Form is attached and replaces the original Profile Form
attached to Pretrial Order #14.
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October 9, 2009
The Court issued Pretrial Order
#1(B) amending Pretrial Order #1 and instituting a protocol
for preservation of physical evidence.
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September 28, 2009
The Court has issued three pretrial orders since the monthly
status conference held on September 24, 2009. The Court issued
Pretrial Order #14
approving an "Exporter, Importer or Broker Defendant Profile Form"
and providing requirements for issuance and return of this form. The
Court issued Pretrial Order #15
governing the treatment of all privileged or work product materials
in the MDL. The Court issued Pretrial
Order #16 regarding confidentiality.
Additionally, the Court has issued a
Minute Entry for the monthly status conference.
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September 25, 2009
Please note that the call-in phone number and access code for
the monthly status conference scheduled for Thursday, October 15,
2009, at 9:00 am are 1-866-213-7163 and 32928545. This
information can also be found on this website under the
Calendar link.
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September 21, 2009
On September 4, 2009, the Court
issued an Order granting the Exparte/Consent Joint Motion for Entry
of Photographic Catalog of Drywall Markings. The Motion was
submitted in response to Pretrial Order No. 10. The Photographic
Catalog which was manually attached is now available on this
Website. Photographic Catalog.
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September 18, 2009
On this date, the Court issued
Pretrial Order #2A amending Pretrial
Order #2 to provide for a means of tracking remands in the MDL.
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September 15, 2009
The next status conference will be held on September 24, 2009, at
9:00 a.m., central standard time, in the Courtroom of the Honorable
Judge Eldon E. Fallon. Any interested persons unable to attend in
person may listen-in via telephone at 1-866-213-7163. The access
code will be 29626568 and the Chairperson will be Judge Fallon.
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August 28, 2009
Please note that the call-in phone number and access code for
the monthly status conference scheduled for Thursday, September 3,
2009, at 9:00 am are 1-866-213-7163 and 24991158. This
information can also be found on this website under the Calendar
link.
Also, on this date, the Court issued
Pretrial Order #1A amending Pretrial Order #1 and the Minute
Entry of August 11, 2009, to allow counsel to timely enter their
appearance on behalf of their client(s) upon effectuation of service
as an exception to the stay in effect.
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August 27, 2009
On this date, the Court issued two pretrial orders. The Court
issued Pretrial Order #13 instituting
the Threshold Inspection Program ("TIP"). Additionally, the Court
amended Pretrial Order #7 by issuing
Pretrial Order #7B to appointment
members to the Homebuilders’ Steering Committee.
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August 24, 2009
On this date, the Court issued
Pretrial Order #12 regarding the development of the Distributor
Profile Form. Subsequently, in Pretrial
Order #12A, the Court issued the Distributor Profile Form and an
Order to distribute and return the form on or before September 8,
2009.
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August 20, 2009
On this date, the Court issued
Pretrial Order #10 regarding submission of photographic catalogs
of markings, brands, endtapes, and other identifying markers found
in affected homes.
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August 17, 2009
On this date, the Court issued
Pretrial Order #11 requiring that Plaintiff and
Defendant profile forms be distributed to the appropriate parties
and filed and returned on or before September 2, 2009.
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August 11, 2009
The monthly status conference was held on this date in the
Courtroom of Judge Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison
Counsel, including pre-trial orders, property inspections, Plaintiff
and Defendant profile forms, preservation order, state court
settings, state/federal coordination, discovery issues, Freedom of
Information Act/ public records requests, trial settings in federal
court, filings in the MDL, tolling agreement/suspension of
prescription, class actions, motions in the MDL, insurance issues,
service of pleadings electronically, master complaint, and the next
status conference.
The monthly status conference was transcribed by Ms. Karen
Anderson Ibos, Official Court Reporter. Counsel may contact Ms. Ibos
at (504)589-7776 to request a copy of the transcript.
The next monthly status conference will be held on Thursday,
September 3, 2009, at 9:00 a.m., CST. Any interested parties unable
to attend in person may listen-in via telephone at 1-866-213-7163.
The access code is 24991158 and the Chairperson will be Judge
Fallon.
These matters are memorialized in the Court’s
Minute Entry dated August 11,
2009.
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August 3, 2009
On this date, the Court issued
Pretrial Order #7A amending Pretrial
Order #7 removing certain members from the Defendants’ Steering
Committee while adding Gary F. Baumann to the committee.
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July 28, 2009
On this date, the Court issued
Pretrial Order #9 regarding Plaintiffs' Counsel's Time and
Expense submission.
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July 27, 2009
On this date, the Court issued
Pretrial Order #7, appointing listed members as Defendants'
Steering Committee members and listing the responsibilities for
same. The Court also issued Pretrial
Order #8, appointing the listed attorneys to the Plaintiffs'
Steering Committee, with Arnold Levin as lead counsel. The
responsibilities for the members of the PSC were given as set forth
in document.
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July 20, 2009
On this date, the Court issued
Pretrial Order #6 regarding Electronic Service.
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July 9, 2009
The monthly status conference was held on this date in the
Courtroom of Judge Eldon E. Fallon.
At the conference, the Court delivered some brief introductory
remarks and then proceeded to consider issues raised by Liaison
Counsel, including Status of application for Steering and other
committees, Service of Pleadings electronically through a service
like LexisNexis, Separation of property damage from personal injury
claims and deferral of class certification issues, Initial discovery
on property damage claims/discovery limitation issues, Preservation
of evidence/spoilation issue/remediation in hardship cases, Direct
filing in MDL, Addition of new parties, Master Complaint, Response
to Master Complaint, Response to Underlying Complaints, Service
issues on foreign Defendants, Personal jurisdiction over foreign
defendants and other pretrial motions for which particular discovery
might be needed, Early Bellwether trials, State/Federal Coordination
Order, Plaintiff time-billing guidelines, Other matters, and the
Next Status Conference.
The monthly status conference was transcribed by Ms. Karen
Anderson Ibos, Official Court Reporter. Counsel may contact Ms. Ibos
at (504)589-7776 to request a copy of the transcript.
The next monthly status conference will be held on Tuesday,
August 11, 2009, at 9:00 a.m., CST. Any interested parties unable to
attend in person may listen-in via telephone at 1-866-213-7163. The
access code is 19729103 and the Chairperson will be Judge Fallon.
These matters are memorialized in the Court’s
Minute Entry dated July 9,
2009.
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July 9, 2009
On this date, the Court issued
Pretrial Order #5A regarding the provision of attorney
contact information to Liaison Counsel.
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July 6, 2009
On this date, the Court issued
Pretrial Order #5 regarding the service and docketing
responsibilities of Liaison counsel.
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July 2, 2009
On this date, the Court issued
Pretrial Order #2 regarding procedures for the transfer of
cases. The Court also issued Pretrial
Order #3 designating Russ Herman as Plaintiffs’ Liaison
Counsel, and Pretrial Order #4,
appointing Kerry J. Miller as Defendants’ Liaison Counsel.
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June 16, 2009
Pursuant to Pretrial Order #1,
the initial pretrial conference will be held on Thursday, July 9,
2009, at 2:00 p.m. in the Courtroom of Judge Eldon E. Fallon.
See Calendar page for further details.
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June 15, 2009
On this date the Court received the
Transfer Order from the MDL Panel
transferring nine (9) actions to the Eastern District of Louisiana.
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