- Question: I am a plaintiff/defendant or represent a party in
the Drywall MDL. Who do I contact with questions about the MDL?
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
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
Homebuilders or homebuilders’ counsel are directed to
contact Phillip Wittmann, Homebuilders Liaison
Counsel, with questions. Mr. Wittmann can be reached at 504-593-0804
Installers or installers’ counsel
are directed to contact Robert Fitzsimmons, Installers’ Liaison
Counsel, with questions. Mr. Fitzsimmons can be reached at
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
- Question: How do I register for electronic filing via Pacer
for the Eastern District of Louisiana?
attorneys who are already enrolled to use CM/ECF in another federal
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
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?
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
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
Upon reading these documents, counsel will learn that he or she
needs to do the following once he or she enters the MDL litigation:
- 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.
- Sign up for
LexisNexis File & Serve to receive electronic service of
documents filed in the MDL pursuant to
Pretrial Order No. 6.
- 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.
- 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.
- 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
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 &
- 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?
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
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
- Question: I would like a copy of the transcript from a
conference or hearing, who do I contact for a copy?
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
- Question: I filed a motion, will it be heard on oral
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?
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
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
- Question: How are the cases to be transferred brought before
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?
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
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: What information is available on the Court's
Answer: The Court's website contains the
* Case Developments
* Orders/Minute Entries
* 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