Frequently Asked Questions

• Question: I am a plaintiff/defendant or represent a party in the Drywall MDL. Who do I contact with questions about the MDL?

  Answer: Parties and counsel should contact the appropriate liaison counsel before contacting the Court with questions about the MDL.

  Plaintiffs or plaintiffs’ counsel are directed to contact Russ Herman, Plaintiffs’ Liaison Counsel, with questions. Mr. Herman may be reached at 504-581-4892 or drywall@hhkc.com.

  Plaintiffs or potential plaintiffs without counsel are directed to contact Robert M. Johnston. Mr. Johnston may be reached at 504-561-7799 or RMJ@ahhelaw.com.

  Defendants or defendants’ counsel  are directed to contact Kerry Miller, Defendants’ Liaison Counsel, with questions. Mr. Miller may be reached at 504-599-8194 or kmiller@frilot.com.

  Homebuilders or homebuilders’ counsel  are directed to contact Phillip Wittmann, Homebuilders Liaison Counsel, with questions. Mr. Wittmann can be reached at 504-593-0804 or pwittmann@stonepigman.com.

  Installers or installers’ counsel are directed to contact Robert Fitzsimmons, Installers’ Liaison Counsel, with questions. Mr. Fitzsimmons can be reached at 305-358-5577, or rfitzsimmons@rumberger.com.

  Insurers or their counsel are directed to contact Judy Y. Barrasso, Insurer Liaison Counsel, with questions. Ms. Barrasso may be reached at 504-589-9700 or cdwinsurance@barrassousdin.com.

• Question: How do I register for electronic filing via Pacer for the Eastern District of Louisiana?

  Answer: For attorneys who are already enrolled to use CM/ECF in another federal district, an E-filing Registration and Waiver of Training form needs to completed and faxed to the Eastern District’s Clerk’s Office at (504) 589-7698. Within 48 hours of faxing the form, a username and password will be emailed to counsel, allowing them access to the Eastern District’s e-filing.

  For all counsel who are not already enrolled to use CM/ECF in another federal district, they may either file all documents on paper pursuant to the Eastern District’s Local Rules or register and complete training to receive an e-filing account for the Eastern District. The link for registration and training for e-filing in the Eastern District is http://www.laed.uscourts.gov/cmecf/cm_ecf_training.htm.

  Please see paragraph 10 of Pretrial Order No.1 for more details.

• Question: If I am not licensed to practice law in the Eastern District of Louisiana do I need local counsel and pro hac vice admittance to the E.D. La.?
  
  Answer: Pursuant to Pretrial Order No. 1, paragraph 12, attorneys admitted to practice and in good standing in any United States District Court are admitted pro hac vice in this litigation, and the requirements of Local Rules 83.2.6E and 83.2.7 are waived. Association of local counsel is not required.

• Question: I’ve been served in the MDL. What do I do now?

  Answer: The Court urges all parties to first acquaint themselves with the Pretrial Orders issued in the MDL. These documents govern all parties and all filings in the MDL. The Pretrial Orders can be found on the Court’s website at http://www.laed.uscourts.gov/Drywall/Orders/Orders.htm. The Court also urges all parties to read through the most recent Minute Entries from its monthly Status Conferences. These documents can also be found on the Court’s website at http://www.laed.uscourts.gov/Drywall/MinuteEntries/ME.htm.

  Upon reading these documents, counsel will learn that he or she needs to do the following once he or she enters the MDL litigation:

  1. Provide the appropriate Liaison Counsel with contact information for service pursuant to Pretrial Order No. 5, using the form attached to Pretrial Order No.5A.
  2. Sign up for LexisNexis File & Serve to receive electronic service of documents filed in the MDL pursuant to Pretrial Order No. 6.
  3. Pursuant to Pretrial Order No. 1F and 1G, file a Notice of Appearance on behalf of your client within 20 days of service of the Complaint. Numerous examples can be found in the MDL docket.
  4. Complete and return the appropriate Profile Form to Liaison Counsel pursuant to Pretrial Order No. 11 (for plaintiffs, manufacturers, contractors/installers, homebuilders), Pretrial Order No. 11 (for distributors),  Pretrial Order No. 14A (for importers/exporters/brokers), or Pretrial Order No. 23 (for insurers). Pursuant to Pretrial Order No. 1F & 1G, Plaintiffs shall submit a Plaintiff Profile Form within 40 days of filing a complaint, and Defendants shall submit the appropriate profile form within 40 days of service of the Complaint. Profile forms are to be provided to Liaison Counsel, not filed with the Court or LexisNexis File & Serve. Additionally, pursuant to Pretrial Order No. 25, existing parties who have not complied with their profile form requirement are to submit their profile forms as soon as possible or risk dismissal, default, or other appropriate sanctions.
  5. Pursuant to Pretrial Order No. 1G, the deadlines for filing responsive pleadings has been suspended until all amendments to the Omnibus complaints are completed and the PSC has filed a Notice of Completion of Amendments to Omni Complaints. Thereafter, parties will be required to file responsive pleadings to any applicable original and amended complaints within 30 days after filing and serving of the Notice.  It is not necessary to file a consent motion for extension of time to respond to the Complaint. Please also note that the previous stay on the filing of responsive pleadings and motions was lifted in Pretrial Order No. 1C, Pretrial Order No. 1D, and Pretrial Order No. 1E.

• Question: How do I file a document once my case has been consolidated with the MDL?

  Answer: Once your case is consolidated into the MDL, all documents are to be filed into the MDL master docket, not the individual case docket. Specifically, all documents will be filed into the MDL case number, 09-md-2047, with the heading of the document denoting that the document references the specific individual case number, such as 09-6687.  Please see paragraphs 9 and 10 of Pretrial Order No. 1 for more information.

  Additionally, all documents must uploaded to LexisNexis File & Serve pursuant to Pretrial Order No. 6.

• Question: Do I file discovery requests and responses in the MDL?

  Answer: Pursuant to Pretrial Order No. 1, paragraph 15, and in accordance with Federal Rule of Civil Procedure 5(d), discovery requests and responses are not to be e-filed in the MDL docket nor sent to the Judge’s Chambers. These documents are to be filed with LexisNexis File&Serve to provide notice to all parties.

• Question: How do I find a document for a case that has been consolidated with the MDL?

  Answer: All documents filed in a case after it has been consolidated with the MDL will be found in the MDL docket, case no. 09-md-2047. Generally, only the complaint will be found in the individual case docket. Each document filed into the MDL is labeled either as applying to all cases in the MDL or to a specific case in the MDL. To find documents filed in reference to a specific case, do a "control + f" search in the MDL docket report page and search the number of the individual case.

  Additionally, all documents can be found in LexisNexis File & Serve.

• Question: I’m having problems with LexisNexis File & Serve, where can I get help?

  Answer: Pretrial Order No. 6 contains the contact information for LexisNexis File & Serve’s website, 24-hour help telephone line, and welcome kit. Additionally, the Court’s Drywall Website contains an "Electronic Servicing" link on the left-hand side of the page which contains further information. This link is http://fileandserve.typepad.com/lexisnexis_file_serve/mdl-2047-chinese-drywall-litigation.html.

• Question: I want to file a motion and I know that the Local Rules require a Notice of Hearing, but Pretrial Order No. 1C provides that the hearing dates for all motions are continued until the Court sets a special hearing date. What hearing date do I use for my Notice of Hearing?

  Answer: As required by the Local Rules of the Eastern District, use the Court’s next available civil motions hearing/submission date (every other Wednesday) as the hearing date in your Notice of Hearing. This will prevent your motion from being marked deficient under the Local Rules. But, for practical purposes, once the motion is filed, the Clerk’s Office will terminate the hearing date in the record.

• Question: I filed a motion, when will it be heard?

  Answer: Pursuant to Pretrial Order No. 1C, the hearing and submission dates for all motions filed in the MDL are automatically continued until the Court sets the motion for a special hearing/submission date. Because of the voluminous number of motions filed in the MDL, the Court has created a motions committee consisting of members of each of the steering committees. This committee reviews the pending motions and makes recommendations to the Court as to which motions should be prioritized for hearing and methods of grouping similar or related motions for hearing. If a party would like a motion set for hearing or submission, he or she is directed to contact the appropriate liaison counsel or steering committee, who will in turn contact the motions committee.

• Question: I received notice that a motion was filed in the MDL which relates to my case, when will this motion be heard and when do I need to file a response?

  Answer: Pursuant to Pretrial Order No. 1C, the hearing and submission dates for all motions are continued until the Court sets the motion for a special hearing or submission date. All relevant briefing, discovery, and/or hearing/submission dates will be contained in the order issued by the Court setting the motion for hearing or submission.

• Question: I would like to know about upcoming monthly status conferences, hearings, and trials. Where can I find this information?

  Answer: The Calendar link on the Court’s Drywall Website, http://www.laed.uscourts.gov/Drywall/Calendar.htm, contains the most up-to-date information on all monthly status conferences, hearings, and trials in MDL 2047. It also contains the call-in information for persons who would like to audit Court proceedings. Unless otherwise noted, all proceedings are open to the general public.

• Question: I would like to listen to the Court’s monthly status conference by telephone, where do I find the call-in information.

  Answer: The conference call information for all MDL proceedings for which a conference call has been established can be found on the Court’s Drywall Website under the Calendar link, http://www.laed.uscourts.gov/Drywall/Calendar.htm.

• Question: I would like a copy of the transcript from a conference or hearing, who do I contact for a copy?

  Answer: All transcripts can be obtained from the Official Court Reporter who transcribed the conference. The name of the Reporter can be found in the minute entry for the proceeding, which is filed in the MDL docket on the date of the proceeding. Transcripts from the monthly Status Conferences are available on the Court’s Drywall Website 90 days after the conference at http://www.laed.uscourts.gov/Drywall/Transcripts/Transcripts.htm.

• Question: I would like to file documents under seal, what is the proper procedure for doing so?

  Answer: Counsel and parties are to follow the Local Rules of the Court for filing sealed documents. Local Rule 5.6 is the applicable rule and can be found here http://www.laed.uscourts.gov/LocalRules/LocalRules.htm

• Question: I filed a motion, will it be heard on oral argument?

  Answer: Pursuant to the Eastern District’s Local Rule 78.1E, a party desiring oral argument must file a separate written request for oral argument. Otherwise, the motion will be considered by the Court based upon the briefs, taking the motion under advisement on the allotted hearing date. There are numerous examples of requests for oral argument in the MDL docket.

• Question: What is multidistrict litigation?

  Answer: Multidistrict litigation is litigation pending in more than one federal district court involving common questions of fact. When such cases involve civil actions, they may be transferred by the Judicial Panel on Multidistrict Litigation (The Panel) to any federal court for coordinated and consolidated pretrial proceedings.

• Question: What is the Judicial Panel on Multidistrict Litigation?

  Answer: The panel is a group of seven federal judges designated by the Chief Justice of the United States. The Panel has the responsibility for determining which cases qualify for multidistrict litigation treatment, as well as which district court to transfer and consolidate these cases. The transfers are made pursuant to 28 U.S.C. §1407, upon the Panel's determination that the transfers will result in the convenience of the parties and witnesses and will promote the just and efficient conduct of the cases.

• Question: How are the cases to be transferred brought before the Panel?

  Answer: Proceedings for transfer may be initiated by the Judicial Panel on Multidistrict Litigation upon its own initiative or a motion filed with the Panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings may be appropriate. Before cases are designated multidistrict litigation and transferred to one federal court, the Panel convenes a hearing and notifies all parties of the place and time of the hearing. The Panel's order of transfer is based on a record of such hearing at which material evidence may be offered by any party to an action in any federal court that would be affected by the transfer.

• Question: If my case is subject to a transfer order, but the case has not yet been transferred to the Eastern District of Louisiana, where should I file documents?

  Answer: Transfers under 28 U.S.C. §1407 become effective with the filing of the Panel's transfer order in the clerk's office of the designated transferee court. Thus, if the transfer order to which your case is subject has been filed in the Eastern District of Louisiana, you must make all future filings in the Eastern District of Louisiana.

• Question: Do I need to file a motion in the Eastern District of Louisiana to appear pro hac vice or do I need to associate local counsel?

  Answer: Counsel who appeared in a transferor court prior to transfer need not enter an additional appearance before the Eastern District. Moreover, attorneys admitted to practice and in good standing in any United States District Court are admitted pro hac vice in this litigation. Association of local counsel is not required.

• Question: How can I be kept advised of the developments of this case?

  Answer: Case developments will be updated regularly on the Court's website at http://www.laed.uscourts.gov/Drywall/Drywall.htm

• Question: What information is available on the Court's website?

  Answer: The Court's website contains the following information:
  * Case Developments
  * Orders/Minute Entries
  * Calendar
  * Reports
  * Contacts
  * Transcripts
  * Frequently Asked Questions (FAQ)

  Additional resources include:
  * Local Rules for the Eastern District of Louisiana
  * Manual for Complex Litigation (Fourth)
  * Judicial Panel on Multidistrict Litigation

• Question: What procedural rules govern this litigation?

  Answer: The Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Louisiana.