MDL - 1873 FEMA Trailer Products Liability Litigation
Special Master Dan Balhoff filed a Motion for Court Approval and Adoption of the Special Master's Recommendations Concerning Distribution of Settlement Funds, which will be submitted to the Court on the papers without oral argument on September 30, 2013.
Objections to the Special Master’s recommendations must be in writing and filed into the record not later than September 26, 2013.
June 11, 2013
On this date, Special Master Dan Balhoff filed a Motion for Court Approval and Adoption of the Special Master's Supplemental Recommendations Concerning Enhancement Awards.
April 17, 2013
On this date, the Court issued an Order approving the Special Master’s Recommendations Concerning Allocation and Objection Procedure.
April 2, 2013
On this date, Special Master Dan Balhoff filed a Motion for Court Approval and Adoption of the Special Master's Recommendations Concerning Allocation and Objection Procedure, which will be submitted to the Court on the papers without oral argument on April 17, 2013.
March 20, 2013
On this date, the Court issued an Order approving the Special Master’s Recommendations Concerning Methodology for Dispersing Pending Settlements.
March 11, 2013
On the Court issued Orders [26037] [26038] [26039] dismissing the claims of certain Louisiana, Mississippi, and Alabama plaintiffs against the United States.
February 19, 2013
On this date, the Court issued an Order dismissing certain cases pursuant to the Sun Valley, Inc. Settlement.
February 6, 2013
On this date, the Court issued an Order dismissing certain cases pursuant to the Northwood Manufacturing, Inc. Settlement.
Also on this date, the Court issued an Order dismissing certain cases pursuant to the Allen Camper Manufacturing Company, Inc. Settlement.
January 25, 2013
On this date, the Court issued an Order appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Sun Valley, Inc. Settlement.
January 18, 2013
On this date, the Court issued an Order appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Northwood Manufacturing, Inc. Settlement.
Also on this date, the Court issued an Order appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Allen Camper Manufacturing Company, Inc. Settlement.
December 21, 2012
On this date, Special Master F. A. Little, Jr., issued a Case Management Order to govern the dispute concerning common benefit attorney fees.
December 13, 2012
On this date, the Court issued an Order appointing the Honorable F. A. Little, Jr., Retired United States District Judge, as Special Master to gather evidence, as necessary, and render a report and recommendation on the dispute concerning common benefit attorney fees.
November 14, 2012
On this date, the Court issued an Order and Reasons granting the motion of Special Master Daniel J. Balhoff to distribute the Manufactured Home Settlement Funds.
Also on this date, the Court issued an Order [25951] establishing a protocol for distributing the Manufactured Home Settlement Funds.
September 27, 2012
On this date at 10:30 a.m., a Fairness Hearing was held on the proposed Manufacturer Class Settlement.
Also on this date, at 1:30 p.m., a Fairness Hearing was held on the proposed Contractor Class Settlement.
Also on this date, the Court issued a Final Order and Judgment, granting the Joint Motion for Final Approval of Manufacturer Class Settlement, granting PSC Motion to Approve Deduction of Common Benefit Fees and Expenses from Manufacturer Class Settlement, and adopting Special Master Daniel J. Balhoff’s recommendations on Incentive Awards.
Also on this date, the Court issued a Final Order and Judgment, granting the Joint Motion for Final Approval of Contractor Class Settlement, granting PSC Motion to Approve Deduction of Common Benefit Fees and Expenses from Contractor Class Settlement, and adopting Special Master Daniel J. Balhoff’s recommendations on Incentive Awards.
August 16, 2012
On this date, the Court issued an Order and Reasons granting the contractor defendants’ motion for summary judgment and dismissing claims against the settling contractors in cases involving manufactured housing.
July 27, 2012
On this date, the Court issued an Order dismissing certain claims pursuant to the Fleetwood settlement.
July 19, 2012
On this date, the Court issued an Order dismissing certain claims for failure to make service and dismissing certain claims for failure to prosecute.
July 6, 2012
On this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-8630.
Also on this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-2916.
Also on this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-8534.
July 3, 2012
On this date, the Court issued an Order dismissing certain claims for failure to make service and dismissing certain claims for failure to to prosecute.
July 2, 2012
On this date, the Court issued an Order directing plaintiffs to show cause why certain cases should not be dismissed for failure to comply with Pre-trial Order 49.
June 29, 2012
On this date, the Court issued an Order dismissing certain claims for failure to prosecute.
June 25, 2012
On this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-2921.
Also on this date, the Court issued an Order dismissing certain claims for failure to prosecute.
Also on this date, the Court issued an Order directing plaintiffs to show cause why certain cases should not be dismissed for failure to comply with Pre-trial Order 49.
June 22, 2012
On this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-2949.
Also on this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 10-2438.
Also on this date, the Court issued an Order of Dismissal canceling the jury trial and pretrial deadlines scheduled in Case 09-4449.
June 14, 2012
On this date, the Court issued an Order modifying the term of Special Master Amanda Ballay.
Also on this date, the Court issued an Order directing plaintiffs to submit a motion for default judgment or show cause in writing why certain cases should not be dismissed for failure to prosecute.
Also on this date, the Court issued an Order directing plaintiffs to make service and/or obtain preliminary default or show cause in writing for failure to do so.
Also on this date, the Court issued an Order denying without prejudice pending motions to dismiss filed by settling defendants.
June 8, 2012
On this date, Plaintiff’s Liaison Counsel filed a Notice of Appeal as to certain Rule 54(b) Judgments dismissing Louisiana plaintiffs’ claims against the United States.
June 5, 2012
On this date, the Court issued an Order dismissing certain cases for failure to comply with Pretrial Order No. 49 regarding matching.
Also on this date, the Court issued an Order dismissing certain claims against defendants Superior Homes, LLC, Mitchell County Industries, LLC, and Mitchell County Investments, LLC, based on failure to cure certain service and call docket issues.
May 31, 2012
On this date, the Court issued a Preliminary Approval Order granting the Joint Motion for Preliminary Approval of Proposed Manufacturer Class Settlement, as amended and supplemented in rec. docs. [25655] [25646] [25664] [25665].
Also on this date, the Court issued a Preliminary Approval Order granting the Joint Motion for Preliminary Approval of Proposed Contractor Class Settlement, as amended and supplemented in rec. docs. [25658] [25667].
Also on this date, the Court issued an Order dismissing certain claims based on failure to cure certain service and call docket issues.
Also on this date, the Court issued an Order granting Motion for Entry of Default as to Stewart Park Homes, Inc. and American Camper Manufacturing, LLC d/b/a Ameri-Camp.
May 29, 2012
On this date, the Court issued an Order dismissing certain claims based on failure to cure certain service and call docket issues.
May 23, 2012
On this date, Joint Report No. 31 was filed by Contractor Defendants’ Liaison Counsel, Defendants’ Liaison Counsel, Insurer Liaison Counsel, Plaintiffs’ Liaison Counsel, and counsel for the United States of America.
May 18, 2012
On this date, the Court issued a Show Cause Order requiring any party opposing entry of order transferring referenced cases to show cause in writing by May 23, 2012, and requiring parties designate record and file joint proposed Final Pretrial Order by May 30, 2012.
Also on this date, the Court held a Status Conferencein chambers with liaison counsel and committee members at 9:30 a.m. and a general statusconference, open to all counsel, at 10:00 a.m.
Also on this date, the Court issued Pretrial Order No. 98 setting: (a) Fairness Hearings in two proposed class settlements on Sept. 27, 2012, at 10:30 a.m. for manufacturer settlement and 1:30 p.m. for contractor settlement; (b) May 25, 2012 deadline for filing Joint Motion for Preliminary Approval of Proposed Class Settlement regarding the contractor settlement; and (c) May 25, 2012 deadline for filing all pleadings necessary to amend to the Joint Unopposed Motion for Preliminary Approval of Proposed Class Settlement (Rec. Doc. 25226) for the manufacturer settlement.
May 17, 2012
On this date, the Court issued a Show Cause Order requiring plaintiffs in referenced cases to show cause in writing by May 30, 2012, why referenced cases should not be dismissed for failure to comply with matching requirements of PTO No. 49.
Also on this date, the Court issued an Order requiring plaintiffs in referenced cases to achieve service and/or obtain appearance by defendants in referenced cases within 15 days.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for April 18, 2013, 9:00 AM, and Jury Trial for April 29, 2013, 8:30 AM, in 12-548 -- Ann M. Terrell v. Gulf Stream Coach, Inc.
May 16, 2012
On this date, the Court entered an Order and Reasonsdenying three Motions to Dismiss for Failure to Comply with Pre-Trial Order No. 2 and 32 Relating to Plaintiff Fact Sheets (Rec. Docs. 25379, 25445, 25449), filed by Defendant Forest River, Inc.
May 15, 2012
On this date, the Court issued a Show Cause Order requiring any party opposing entry of attached Suggestion of Remand with MDL Panel to show cause in writing by May 30, 2012, and requiring parties designate record on remand and file joint proposed Final Pretrial Order by May 30, 2012.
May 11, 2012
On this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for March 14, 2012, 9:30 AM, and Jury Trial for March 25, 2013, 8:30 AM, in 09-8534 - Phillip Gioiello, et al vs Vanguard Industries, et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for December 20, 2012, 10:00 AM, and Jury Trial for January 7, 8:30 AM, in 09-8609 - Craig King, et al vs Starcraft RV, Inc., et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for February 7, 2013, 11:15 AM, and Jury Trial for February 25, 2013, 8:30 AM, in 09-8613, Etta Varnado, et al vs Starcraft RV, Inc., et al.
Also on this date, the Court issued an Orders of Dismissal [25566] [25568] [25569] [25570] [25571] [25572] [25573] [25574] [25575] canceling jury trials in Cases 09-8609, 09-8613, 09-3909, 09-5391, 09-6375, 09-7568, 09-8618, 10-2238, 10-2260.
Also on this date, the Court entered an Order and Reasons denying Motion to Dismiss for Failure to Comply with Pre-Trial Order No. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Forest River, Inc.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Second Amended Complaint, filed by Plaintiffs.
Also on this date, the Court entered an Order and Reasons denying twenty-two Motions to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, (Rec. Docs. 25130 , 25131 , 25132 , 25135 , 25141 , 25144 , 25146 , 25154 , 25174 , 25232 , 25233 , 25234 , 25235 , 25236 , 25237 , 25238 , 25239 , 25240 , 25241 , 25243 , 25244 , 25245), filed by Defendant Gulf Stream Coach, Inc.
May 4, 2012
On this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for February 21, 2013, 9:30 AM, and Jury Trial for March 4, 2013, 8:30 AM, in 09-5391 - Latoya Bienemy, et al vs Jayco, Inc., et al.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for February 21, 2013, 10:00 AM, and Jury Trial for March 4, 2013, 8:30 AM, in 09-6375 - Tracy L. Simmons, Sr., et al vs Jayco, Inc., et al.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for March 7, 2013, 10:00 AM, and Jury Trial for March 18, 2013, 8:30 AM, in 09-7568 - Donald Tanks vs Jayco, Inc., et al.
Also on this date, the Court entered an Order and Reasons denying twelve Motions to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, (Rec. Docs. 25129 , 25133 , 25134 , 25136 , 25137 , 25138 , 25139 , 25140 , 25242 , 25143 , 25145 , 25190), filed by Defendant Gulf Stream Coach, Inc.
Also on this date, the Court entered an Order and Reasonsdenying without prejudice the Motion for Entry of Default Judgment, filed by plaintiffs.
Also on this date, the Court entered an Order and Reasonsdismissing certain cases for failure to achieve service and/or obtain appearance by defendant as ordered in Rec. Docs. 24550 , 24551 , 24554 , 24555 , 24587, and requiring to achieve service and/or obtain appearance by defendants as set forth.
Also on this date, the Court entered an Order and Reasonsgranting Motion for Leave to Amend Complaint to Add Gulf Stream and to Dismiss Keystone (Rec. Doc. 23498), and Motion to Sever Claims of Brenda Sharett, Sandra Brooks, and Also on this date, the Court entered an Order and Reasonsdenying without prejudice plaintiffs’ Motions to Sever Claims and in the Alternative to Transfer or Remand (Rec. Docs. 25294 , 25295 , 25296 , 25298 , and 25301); and granting in part and denying in part plaintiffs’ Motions to Sever Claims and in the Alternative to Transfer or Remand (Rec. Docs. 25292 , 25293 , 25300 , and 25303).
Also on this date, the Court entered an Orderadopting Special Master's Rulings and Recommendations on the Objections and Appeals regarding Manufactured Housing Settlement.
May 3, 2012
On this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for February 28, 2013, 10:00 AM, and Jury Trial for March 11, 2013, 8:30 AM, in 09-4449 - Dolores Joseph vs Forest River, Inc., et al.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for March 28, 2013, 9:00 AM, and Jury Trial for April 8, 2013, 8:30 AM, in 09-4820, Anna Babineaux, et al vs Forest River, Inc., et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for January 3, 2013, 11:15 AM, and Jury Trial for January 14, 2013, 8:30 AM, in 09-5298- George Ponthieux, et al vs Forest River, Inc., et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for January 17, 2013, 11:15 AM, and Jury Trial for January 28, 2013, 8:30 AM, in 09-7970 - Jayne Phillpott, et al vs Forest River, Inc., et al.
April 27, 2012
On this date, the Special Master filed his Rulings and Report on Objections and Appeals regarding the Manufactured Housing Settlement.
April 26, 2012
On this date, the Court entered an Order and Reasonsdenying the Motion to Remand filed by plaintiff Ann M. Terrell.
Also on this date, the Court issued an Order severing for purposes of trial and scheduling trial dates in Case No. 12-548, Ann M. Terrell v. Gulf Stream Coach, Inc., et al.
April 25, 2012
On this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for February 28, 2013, 9:00 AM, and Jury Trial for March 11, 2013, 8:30 AM, in 08-1094 - Henry Gaurtreaux, et al vs Gulf Stream Coach, Inc.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for February 7, 2013, 9:15 AM, and Jury Trial for February 25, 2013, 8:30 AM, in 08-4161 - Trang Dang, et al vs Gulf Stream Coach, et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for March 7, 2013, 9:00 AM, and Jury Trial for March 18, 2013, 8:30 AM, in 09-2889 - Carolyn Doiron, et al vs Gulf Stream Coach, et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for February 7, 2013, 9:00 AM, and Jury Trial for February 25, 2013, 8:30 AM, 8:30 AM, in 09-2916 - Hattie Wagner vs Gulf Stream Coach, et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for January 17, 2013, 10:30 AM, and Jury Trial for January 28, 2013, 8:30 AM, in 09-2944 Stephanie Pizani vs Gulf Stream Coach, et al.
Also on this date, the Court issued a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for March 14, 2013, 9:00 AM, and Jury Trial for March 25, 2013, 8:30 AM, in 09-2949 - Verna Major vs Gulf Stream Coach, et al.
April 18, 2012
On this date, the Court entered an Order and Reasonsdenying the Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, as to plaintiffs Bernardita Abney, Brodrick Allen, and Linda Allen, filed by Defendant Gulf Stream Coach, Inc.
Also on this date, the Court entered an Order and Reasonsdenying the Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, as to plaintiffs Delinda Adams and Jamie R. Alexander, filed by Defendant Gulf Stream Coach, Inc.
Also on this date, the Court entered an Order and Reasonsdenying the Motion to Dismiss for Failure to Comply with Pre-Trial Order No.32 Relating to Plaintiff Fact Sheets, as to plaintiff Jerry Womack, filed by Defendant Morgan Buildings and Spas, Inc.
Also on this date, the Court entered an Order and Reasonsdenying the Motion for Leave to File Amended Complaint, filed by plaintiffs Dorothy Butler, et al, (Rec. Doc. 24017), and the Motion for Leave to File Second Amended Complaint filed by plaintiffs Doris Tolliver, et al (Rec. Doc. 25016).
April 11, 2012
On this date, the Court entered a Judgment pursuant to Rule 54(b) in favor of the United States, dismissing the claims of the Louisiana plaintiffs against the United States.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Darrius Hill, et al v. Forest River, Inc., Civil Action No. 10-4663.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Kasinda Brumfield v. Pilgrim International, Inc., et al, Civil Action No. 10-2248.
Also on this date, the Court entered an Orderextending deadline for filing Joint Motion for Preliminary Approval of Class Settlement to April 13, 2012.
Also on this date, the Court entered an Order and Reasonsdenying the Motion o Remand to State Court filed by Plaintiffs in Member Case No. 10-4120.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Swanica Nero, et al v. Pilgrim International, Inc., et al, Civil Action No. 09-4730.
March 27, 2012
On this date, Joint Report No. 30 was filed by Contractor Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs' Liaison Counsel, and counsel for the United States of America.
March 26, 2012
On this date, the Court entered an Ordersevering for purposes of trial member cases 08-1094, 08-4161, 09-2889, 09-2916, 09-2944, 09-2949, 09-4449, 09-4820, 09-5298, 09-5391, 09-6375, 09-7568, 09-7970, 09-8534, 09-8609, Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Burt Sutton, et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-4950.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Shelly Amos, et al v. Sunline Coach Company, et al, Civil Action No. 09-7124.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Antoine Turner, et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-8382.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Beverly Jones, et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-8602.
March 23, 2012
On this date, the Court entered an Order and Reasonsgranting the Motion o Dismiss for Lack of Jurisdiction the Remaining FTCA Claims of All Louisiana Plaintiffs or, in the Alternative MOTION for Summary Judgment, filed by United States of America.
March 22, 2012
On this date, the Court held a Status Conferencein chambers with liaison counsel, committee members, and counsel for FEMA at 9:00 a.m. and a general statusconference, open to all counsel, at 10:00 a.m.
Also on this date, the Court entered an Orderrequiring that responsive pleadings shall be filed within fifteen (15) days in member cases that have been set for trial: 09-6070, 09-2921, 10-2438, 10-2238, 10-2260, 09-4727, 09-8618, 09-8630, 10-1258, 09-3909, Also on this date, the Court entered an Orderrequiring that by March 29, 2012 each Settling Defendant shall complete its Settlement Agreement and inform Settlement Co-Liaison Counsel whether it will implement settlement through class procedure, and extending deadline for filing Joint Motion for Preliminary Approval of Class Settlement to April 9, 2012.
Also on this date, the Court issued Pretrial Order No. 97 [24924] setting a Status Conference with liaison counsel and committee members for May 18, 2012 at 9:15 A.M., and a General Status Conference (open to all counsel) set for May 18, 2012 at 10:00 A.M.
March 21, 2012
On this date, the Court entered an Order and Reasonsgranting Forest River's Motion for Reconsideration of Orders [24301] [24303] previously granting Motions for Leave to Amend Complaints to Add Plaintiffs, and setting motions to amend [24016] [24017] for submission without oral argument on April 18, 2012.
March 20, 2012
On this date, the United States Court of Appeals for the Fifth Circuit entered Judgment[24884] affirming the judgment of the District Court, dismissing the claims of Mississippi and Alabama plaintiffs.
March 16, 2012
On this date, the Court entered an Ordersevering for purposes of trial and scheduling trial dates in member cases 09-6070 and 10-2438.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 9:30 AM, and Jury Trial for July 23, 2012, 8:30 AM, in James Wallace, III, et al v. Gulf Stream Coach, Inc., 10-2438.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for August 2, 2012, 10:30 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Christina Bean, et al v. Gulf Stream Coach, Inc., 09-6070.
Also on this date, the Court entered an Ordersevering for purposes of trial and scheduling trial dates in member cases 09-2921 and 09-8630.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 8:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Valerie Cooper, et al v. Forest River, Inc., et al, 09-2921.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for September 5, 2012, 11:30 AM, and Jury Trial for Tuesday, October 9, 2012, 8:30 AM, in Johnnie Helmsetter, et al v. Forest River, Inc., et al, 09-8630.
March 15, 2012
On this date, the Court entered Pretrial Order No. 96appointing Defendants’ Settlement Co-Liaison Counsel and setting deadlines for implementation of settlements and for filing motions to sever plaintiffs in mixed venue cases.
March 14, 2012
On this date, the Court entered an Ordergranting Motion for Extension of Deadlines to Respond to Orders Regarding Service, only to the extent that Plaintiffs are allowed until Thursday, April 5, 2012 to respond.
March 8, 2012
On this date, the Court entered an Orderextending an additional 30 days within which to furnish opposing counsel with any Plaintiff Fact Sheets that are received, pursuant to Pretrial Order No. 94.
Also on this date, the Court entered an Order and Reasons granting motion for reconsideration of order dismissing plaintiff James Burge and ordering any party opposed to remand of James Burge’s claims to show cause in writing on or before March 14, 2012.
March 7, 2012
On this date, the Court entered an Order and Reasons granting [1] Motion for Entry of Rule 54(b) Judgment Dismissing Mississippi Plaintiffs' Claims Against the United States, [2] Motion for Entry of Rule 54(b) Judgment Dismissing Alabama Plaintiffs' Claims Against the United States, [3] Rule 12(b)(1) and 12(h) Motion to Dismiss Alabama Plaintiffs' Claims Against the United States for Lack of Subject Matter Jurisdiction, and [4] Rule 12(b)(1) and 12(h) Motion to Dismiss Mississippi Plaintiffs' Claims Against the United States for Lack of Subject Matter Jurisdiction.
Also on this date, the Court entered Judgment in favor of the United States dismissing the remaining Mississippi plaintiffs’ claims against the United States.
Also on this date, the Court entered Judgment in favor of the United States dismissing the remaining Alabama plaintiffs’ claims against the United States.
Also on this date, the Court entered an Order and Reasons granting motion to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, filed by defendants Jayco Enterprises, Inc., CH2M Hill Constructors, Inc., Fluor Enterprises, Inc., and Shaw Environmental, Inc.
Also on this date, the Court entered an Order and Reasons granting motion to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, filed by defendants Jayco Enterprises, Inc. and Shaw Environmental, Inc.
March 6, 2012
On this date, the Court entered an Order and Reasons continuing Order to Show Cause to September 5, 2012.
February 27, 2012
On this date, the Court entered an Orders and Reasons granting Motion to Dismiss for Failure to Comply with Pretrial Orders Relating to Plaintiff Fact Sheets, filed by defendant Layton Homes Corp.
Also on this date, the Court entered an Orders and Reasons denying Motion to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32 relating to plaintiff fact sheets, filed by defendants Jayco, Inc. and CH2M Hill Constructors, Inc.
February 24, 2012
On this date, the Court entered an Orderbifurcating for trial the claims of certain plaintiffs in 10-2248, without prejudice to defendants’ right to challenge venue.
Also on this date, the Court entered an Orders and Reasons granting Motion to Dismiss for Failure to Comply with Pretrial Orders Relating to Plaintiff Fact Sheets, filed by defendant Layton Homes Corp.
February 23, 2012
On this date, the Court entered an Orders and Reasons denying Motions to Remand filed by plaintiffs in 10-4118, 10-4119, 10-4125, 10-4126, 10-4127, 10-4128, 10-4130.
February 22, 2012
On this date, the Court entered an Orders and Reasons granting Motion to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32 relating to plaintiff fact sheets, filed by defendants Jayco, Inc., Jayco Enterprises, Inc., and Bechtel National, Inc.
Also on this date, the Court issued an Order requiring plaintiffs to show cause regarding service issues.
February 15, 2012
On this date, the Court issued Orders [24550] [24555] requiring plaintiffs to show cause regarding service issues.
Also on this date, the Court issued Orders [24551] [24554] requiring plaintiffs to obtain responsive pleading or preliminary default.
February 14, 2012
On this date, the Court issued an Order severing for purposes of trial and scheduling trial date in member cases 09-4950 and 09-8602.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for May 31, 2012, 11:00 AM, and Jury Trial for June 18, 2012, 8:30 AM, in Burt Sutton, et al v. Sunline Acquisition Company Ltd., No.09-4950.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 10:00 AM, and Jury Trial for July 23, 2012, 8:30 AM, in Beverly Jones, et al v. Sunline Acquisition Company Ltd., No.09-8602.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Dominick Goodman, et al, v. Layton Homes Corp., Civil Action No. 09-4901.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Joyce Sylva, et al v. Skyline Corporation, Civil Action No. 09-5648.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Dianne Griffin v. Skyline Corporation, et al, Civil Action No. 09-8487.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Fenwick Hunter, et al v. Skyline Corporation, Civil Action No. 10-2258.
Also on this date, the Court issued an Order of Dismissaldismissing case and canceling jury trial in Barbara Bernard, et al v. Layton Homes Corp. Civil Action No. 10-2262.
February 13, 2012
On this date, the Court entered an Orders and Reasons granting Motion for Reconsideration filed by plaintiff Inoka Salter on behalf of Caitlyn McDavell.
Also on this date, the Court issued an Order severing for purposes of trial and scheduling trial date in member cases 09-4727 and 10-1258.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for August 16, 2012, 10:30 AM, and Jury Trial for September 4, 2012, 8:30 AM, in Earl Ralleigh, et al v. Monaco Coach Corporation, No.09-4727.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for October 4, 2012, 8:30 AM, and Jury Trial for October 15, 2012, 8:30 AM, in George Jones, et al v. Monaco Coach Corporation, No. 10-1258.
Also on this date, the Court issued an Order severing for purposes of trial and scheduling trial date in member cases 09-4730.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for August 2, 2012, 11:00 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Swanica Nero, et al v. Pilgrim International, Inc., et al, No. 09-4730.
February 9, 2012
On this date, the Court entered an Orders and Reasons granting Motion to Sever Claims and to Join Existing Action, filed by plaintiffs.
Also on this date, the Court entered Orders[24498] [24499] bifurcating for trial the claims of certain plaintiffs in 10-2238 and 10-2260.
February 8, 2012
On this date, the Court entered Orders and Reasons [24474] [24475] [24476] [24477] granting Motion to Dismiss Certain Plaintiffs, filed by defendant Gulf Stream Coach, Inc.
Also on this date, the Court entered an Order and Reasons granting Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp.
Also on this date, the Court entered an Order and Reasons granting Motion for Summary Judgment, and Alternative Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp.
Also on this date, the Court entered an Order and Reasons granting Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Skyline Corporation.
Also on this date, the Court entered an Order and Reasons denying as moot Motion for Summary Judgment, and Alternative Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp., and dismissing certain plaintiffs.
February 6, 2012
On this date, Joint Report No. 29 was filed by Contractor Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs' Liaison Counsel, and counsel for the United States of America.
Also on this date, the Court issued an Order severing for purposes of trial and scheduling trial date in member cases 09-7124 and 09-8382.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for September 6, 2012, 8:30 AM, and Jury Trial for October 9, 2012, 8:30 AM, in Shelly Amos, et al v. Sunline Acquisition Company, Ltd., et al, No.09-7124.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 10:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Antoine Turner, et al v. Sunline Acquisition Company, Ltd., et al, No. 09-8382.
February 3, 2012
On this date, the Court held a Status Conference[24459] [24460]in chambers with liaison counsel, committee members, and counsel for FEMA at 9:00 a.m. and a general statusconference, open to all counsel, at 10:00 a.m.
On this date, the Court issued an Order of Dismissaldismissing case against Heartland Recreational Vehicles, LLC, and canceling jury trial in Civil Action No. 09-5929.
Also on this date, the Court issued an Order of Dismissaldismissing case against Heartland Recreational Vehicles, LLC, and canceling jury trial in Civil Action No. 10-2291.
Also on this date, the Court issued an Order of Dismissaldismissing case against Sunnybrook RV, Inc., and canceling jury trial in Civil Action No. 10-2293.
Also on this date, the Court issued an Order severing for purposes of trial and scheduling trial date in member case 10-2248.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for June 14, 2012, 9:30 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Kasinda Brumfield, et al v. Pilgrim International, Inc., et al, No. 10-2248.
Also on this date, the Court issued an Ordercontinuing jury trial, previously set for July 30, 2012, to August 20, 2012, and pre-trial conference, previously set for July 12, 2012, to August 9, 10:00 a.m., in Charles Burns, et al v. Jayco, Inc., No. 10-2238.
Also on this date, the Court entered an Amended Trial Scheduling Orderre-setting pre-trial deadlines in Charles Burns, et al v. Jayco, Inc., No. 10-2238.
Also on this date, the Court issued Pretrial Order No. 95 setting a Status Conference for 3/22/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 3/22/2012 10:00 AM, open to all counsel.
Also on this date, the Court issued an Order and Reasons granting various Motions for Leave to File Amended Complaints, filed by plaintiffs.
February 2, 2012
On this date, the Court issued an Order and Reasons denying Motions for Leave to File Amended Complaints, filed by plaintiffs.
Also on this date, the Court issued an Order and Reasons denying Motion for Reconsideration, filed by plaintiffs.
Also on this date, the Court issued an Order and Reasons denying Motions for Leave to File Amended Complaints, filed by plaintiffs.
Also on this date, the Court issued an Order and Reasons denying Motions for Leave to File Amended Complaints, filed by plaintiffs.
January 30, 2012
On this date, the Court issued an Order severing for purposes of trial and scheduling trial dates in member cases 09-5929 and 10-2291.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for June 14, 2012, 9:00 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Isreal Brown v. Heartland Recreational Vehicles, LLC,No. 09-5929.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for August 9, 2012, 10:00 AM, and Jury Trial for August 20, 2012, 8:30 AM, in Tuan Nguyen v. Heartland Recreational Vehicles, LLC, No. 10-2291.
January 27, 2012
On this date, the Court issued an Ordergranting a Motion to Sever the claims of the plaintiffs in member case 09-8618 against Flour Enterprises, Inc. from the claims of those same plaintiffs against Jayco Enterprises, Inc.
Also on this date, the Court issued an Ordergranting a Motion to Sever the claims of the plaintiffs in member case 09-8487 against Flour Enterprises, Inc. from the claims of those same plaintiffs against Skyline Corporation.
January 26, 2012
On this date, the Court issued an Order and Reasons denying Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets, filed by Defendants Morgan Building & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court issued an Order and Reasons denying Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets, filed by Defendant Morgan Building Systems, Inc.
Also on this date, the Court issued an Order and Reasons denying Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets, filed by Defendants Morgan Building & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date, the United States Court of Appeals entered an Ordergranting without prejudice the appellants’ motion to dismiss the appeal in Earline Castanel v. Recreation By Design, LLC, Action No. 09-3251.
January 25, 2012
On this date, the Court issued an Order and Reasons granting Motion for Summary Judgment filed by Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasons granting Motion for Summary Judgment and Alternative Motion to Dismiss with Prejudice for Failure to Comply with Pretrial Order No. 32 Relating to Plaintiff Fact Sheets, filed by Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court entered an Order and Reasons granting Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88, filed by defendant Recreation by Design, LLC.
Also on this date, the Court entered an Order and Reasons granting Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88, filed by defendant Recreation by Design, LLC.
Also on this date, the Court issued an Order and Reasons granting Motion for Summary Judgment, filed by Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court entered an Order and Reasons denying Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order No. 32, filed by defendant Morgan Buildings & Spas, Inc.
Also on this date, the Court entered an Order and Reasons granting in part and denying in part a Motion to Dismiss For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
Also on this date, the Court entered an Order and Reasons granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 23, 2012
On this date, the Court issued an Order severing for purposes of trial and scheduling trial dates in member case 10-2293.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for June 14, 2012, 9:30 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Scott Ihli, et al v. Sunnybrook RV, Inc., No.10-2293.
January 20, 2012
On this date, the Court entered a Trial Scheduling Order setting pre-trial deadlines and setting Final Pretrial Conference for August 2, 2012 10:30 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Dominick Goodman, et al, v. Layton Homes Corp., 09-4901.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for September 27, 2012, 9:00 AM, and Jury Trial for October 15, 2012, 8:30 AM, in Joyce Sylva, et al v. Skyline Corporation, 09-5648.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 8:30 AM, and Jury Trial for July 23, 2012, 8:30 AM, in Dianne Griffin v. Skyline Corporation, et al, 09-8487.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for August 16, 2012, 9:30 AM, and Jury Trial for September 4, 2012, 8:30 AM, in Fenwick Hunter, et al v. Skyline Corporation, 10-2258.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for June 7, 2012, 9:00 AM, and Jury Trial for June 18, 2012, 8:30 AM, in Barbara Bernard, et al v. Layton Homes Corp., 10-2262.
Also on this date, the Court issued an Order severing for purposes of trial and scheduling trial dates in member cases10-196 and 10-4663.
Also on this date, a Notice of Filing Bankruptcy was filed by defendants Monaco Coach Corporation, Signature Motorcoach Resorts Inc., Naples Motorcoach Resort Inc., Port of the Isles Motorcoach Resort Inc., Outdoor Resorts of Las Vegas Inc., Outdoor Resorts Motorcoach Country Club Inc., Signature Resorts of Michigan Inc., La Quinta Motorcoach Resorts Inc., R-Vision Holdings LLC, R-Vision Inc., R-Vision Motorized LLC, Bison Manufacturing LLC, and Roadmaster LLC.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for May 31, 2012, 10:30 AM, and Jury Trial for June 11, 2012, 8:30 AM, in Darrius Hill, et al v. Forest River, Inc., No. 10-4663.
Also on this date, the Court entered a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for November 8, 2012, 9:30 AM, and Jury Trial for November 26, 2012, 8:30 AM, in Michelle Abram, et al v. Gulf Stream Coach, Inc.,No.10-196.
January 19, 2012
On this date, the Court issued an Order severing for purposes of trial and scheduling trial dates in member cases 10-2262, 09-8487, 09-4901, 10-2258 and 09-5648.
Also on this date, the Court issued an Orderrequiring that filings in member cases 10-2238, 10-2260, 09-8618 and 09-3909 be served on counsel in the member case, as well as liaison counsel.
January 18, 2012
On this date, the Court issued an Order and Reasons granting Fluor Enterprises, Inc.'s Motion for Partial Judgment on the Pleadings and to Dismiss Negligent Failure to Warn Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaint, and granting in part and denying in part CH2M Hill Constructors, Inc.'s and Shaw Environmental, Inc.'s Joint Rule12 (b)(6) Motion to Dismiss Failure to Warn Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for October 4, 2012, 9:00 AM, and Jury Trial for October 22, 2012, 8:30 AM, in Joseph Quezergue, et al v. Jayco, Inc., 09-3909.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for September 6, 2012, 8:00 AM, and Jury Trial for September 24, 2012, 8:30 AM, in Monique Cambrice, et al, v. Jayco Enterprises Inc., et al, 09-8618.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 10:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Charles Burns, et al v. Jayco, Inc., 0-2238.
Also on this date, the Court issued a Trial Scheduling Ordersetting pre-trial deadlines and setting Final Pretrial Conference for August 9, 2012 10:30 AM, and Jury Trial for August 27, 2012, 8:30 AM, in Charles Burns, et al v. Jayco, Inc., 0-2238.
January 17, 2012
On this date, the Court issued an Order severing for purposes of trial and scheduling trial dates in member cases 10-2238, 10-2260, 09-8618, and 09-3909.
January 13, 2012
On this date, the Court issued an Order and Reasons granting the Motion for Court Approval and Adoption of Special Master's Recommendations on Methodology and Allocations relating to the Manufactured Housing Settlement, filed by the Special Master.
Also on this date, the Court issued an Orderapproving and adopting the Special Master's Recommendations on Methodology and Allocations and Supplemental Rulings and Recommendations, relating to the Manufactured Housing Settlement.
January 11, 2012
On this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial Orders Nos. 2 and 32 Relating to the Production of Plaintiff Fact Sheets, filed by defendants Jayco, Inc. and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial Orders Nos. 2 and 32 Relating to the Production of Plaintiff Fact Sheets, filed by defendants Starcraft RV, Inc., Bechtel National, Inc., and CH2M Hill Constructors, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion for Leave to File Third Amended Complaint, filed by plaintiffs.
Also on this date, the Court issued an Order and Reasons granting the Motion for Summary Judgment filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion for Summary Judgment filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial Order No. 32 Relating to Plaintiff Fact Sheets, filed by defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss the Duplicative Claims of Plaintiff Betty Vanderpool filed by Defendant Jayco Enterprises, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss the Duplicative Claims of Plaintiff Leslie Newman filed by Defendant Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss the Duplicative Claims of Plaintiff Clayton Clark filed by Defendant Also on this date, the Court issued an Order and Reasons granting in part and denying in part the Motion for Summary Judgment and Motion to Dismiss with Prejudice for Failure to Comply with Pre-Trial Order No. 32 Relating to Plaintiff Fact Sheets, filed by defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
Also on this date, Joint Report No. 28 was filed by Contractor Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs' Liaison Counsel, and counsel for the United States of America.
January 6, 2012
On this date, the Court issued Pretrial Order No. 94 requiring that each plaintiff named in an action which has been filed and/or transferred to the MDL proceedings after September 2, 2011, shall comply with the requirements of Pre-Trial Nos. 2 and 32 (serving Plaintiff Fact Sheets) and the requirements of PTO 88 (providing answers in digital format for the twenty-three key questions) by February 6, 2012.
January 5, 2012
On this date, the Court held a Status Conferencein chambers with liaison counsel, committee members, and counsel for FEMA at 9:00 a.m. and a general statusconference, open to all counsel, at 10:00 a.m.
Also on this date, the Court issued Pretrial Order No. 93 setting a Status Conference for 2/3/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 2/3/2012 10:00 AM, open to all counsel.
Also on this date, the Court issued an Order and Reasons denying the Motion for Reconsideration and in the Alternative Motion for New Trial, filed by plaintiff Ora Brock, individually and on behalf of Lionel Brock.
January 3, 2012
On this date, the Court issued an Order and Reasons granting in part and denying in part the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
Also on this date, the Court issued an Order and Reasons denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
Also on this date, the Court issued an Order and Reasons granting in part and denying in part the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
Also on this date, the Court issued an Order and Reasons granting in part and denying in part the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
Also on this date, the Court issued an Order and Reasons denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
Also on this date, the Court issued an Order and Reasons denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasons denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Liberty Mutual Insurance Company.
December 30, 2011
On this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
December 21, 2011
On this date, the Court issued an Order mandating that mediation shall be held as set forth in the document, and ordering that cases involving manufacturing defendants who do not mediate shall be recommended for remand to their originating jurisdictions or, if filed in this jurisdiction, set for trial in the summer of 2012.
Also on this date, the Court issued an Order and Reasons granting the Motion for Relief from a Judgment or Order filed by plaintiff Javious Magee.
December 19, 2011
On this date, the Special Master Dan Balhoff filed a Motionfor Court Approval and Adoption of Special Master's Recommendations on Methodology and Allocations, and Supplemental Rulings and Recommendations.
December 15, 2011
On this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
December 14, 2011
On this date, the Court issued an Order and Reasonsdenying as moot the Motion to Dismiss for Failure to Comply with Pre-Trial Orders Nos. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets and the Matching Requirements of Pre-Trial Orders No. 38, 49, and 68, by Defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Sunnybrook RV, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Starcraft RV, Inc., Bechtel National, Inc. and Shaw Environmental, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Jayco, Inc., Bechtel National, Inc., Fluor Enterprises, Inc.
December 7, 2011
On this date, the Court issued an Order and Reasonsdenying the Motion for New Trial and in the Alternative Motion for Relief from a Judgment or Order by Plaintiff Laura Domingo, and the Motion for New Trial and in the Alternative Motion for Relief from a Judgment or Order filed by Plaintiff Penny Saunders.
December 6, 2011
On this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
December 2, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Bechtel National, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Bechtel National, Inc.
Also on this date, the Court issued an Order and Reasons granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting in part and denying in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting in part and denying in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 1, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco RV, Inc. and Bechtel National, Inc.
November 30, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Starcraft RV, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for Leave to File Second Supplemental and Amended Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco, Inc., CH2M Hill Constructors, Inc., and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco RV, Inc. and Bechtel National, Inc.
November 23, 2011
On this date, Joint Report No. 27 was filed by Contractor Defendants Liaison Counsel, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs' Liaison Counsel, and the United States of America.
November 27, 2011
On this date, the Court held a Status Conferencein chambers with liaison counsel, committee members, and counsel for FEMA at 8:30 a.m. and a general statusAlso on this date, the Court issued Pretrial Order No. 92 setting: (1) a Status Conference for 1/5/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 1/5/2012 10:00 AM, open to all counsel; and (2) a Status Conference for 2/3/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 2/3/2012 10:00 AM, open to all counsel.
Also on this date, the Court issued an Order and Reasonsgranting two Motions for Reconsideration of Court’s October 19, 2011 Ruling, filed by defendant Sentry Insurance A Mutual Company, and vacating previous Order and Reasons at 23235.
Also on this date, the Court issued a Final Judgment, Order and Reasonsre: Stipulation of Settlement, and Motion for Approval of Proposed Class Settlement re: the Manufactured Housing Defendants.
Also on this date, the Court issued an Order granting the Motion to Approve Deduction of Common Benefit Expenses from Manufactured Housing Class Settlement Fund filed by the Plaintiffs’ Steering Committee.
Also on this date, the Court issued an Consent Order granting in part and denying in part the Motion for Common Benefit Attorneys’ Fees and Expenses filed by the Etter law firm.
November 16, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsdenying the Motion for Leave to File Second Amended Complaint filed by Plaintiffs.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Skyline Corporation.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Skyline Corporation.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Jayco, Inc., Bechtel National, Inc., and Fluor Enterprises, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Starcraft RV, Inc. and Bechtel National, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Vanguard Industries of Michigan, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Jayco, Inc., Bechtel National, Inc., and Fluor Enterprises, Inc.
November 15, 2011
On this date, the Court issued an Order and Reasonsdenying the Motion for New Trial and in the Alternative, Motion for Relief from a Judgment or Order filed by Plaintiffs Penny Saunders on behalf of D.G, Ashlyn Nechelle Simien, and Enchanti Vault.
Also on this date, Special Master Dan Balhoff filed a Status Reportre: Special Master’s Recommendations re: Manufactured Home Class Representative Awards.
November 2, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant C. Martin Company, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Forest River, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Vanguard Industries of Michigan, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also on this date, Joint Report No. 26 was filed by Contractor Defendants, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs' Liaison Counsel, and the United States of America.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Forest River, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Jayco Enterprises, Inc. and Jayco, Inc.
Also, on this date, the Court issued an Order and Reasonsgranting the Motion to for Leave to File Amended Complaints, filed by plaintiffs.
October 31, 2011
On this date, the Court issued an Order of Dismissaldismissing claims of bellwether plaintiffs Charles Marshall, Sonya Andrews, and Laura Demetriace Batiste against Sun Valley, Inc., Colony National Insurance Company, and Westchester Surplus Lines Insurance Company, the parties having reached a settlement, and canceling the bellwether trial set for January 23, 2012.
October 24, 2011
On this date, the Court issued an Order and Reasonsgranting the Joint Motion for Appointment of Special Master Amanda Ballay.
October 21, 2011
On this date, the Court held a Status Conferencein chambers with liaison counsel, committee members, and counsel for FEMA at 8:30 a.m. and a general statusconference, open to all counsel, at 10:00 a.m.
Also on this date, the Court issued Pretrial Order No. 91 setting: (1) a Status Conference for 11/17/2011 08:30 AM with liaison counsel and committee members and a General Status Conference set for 11/17/2011 10:00 AM, open to all counsel; and (2) a Status Conference for 1/5/2012 08:30 AM with liaison counsel and committee members and a General Status Conference set for 1/5/2012 10:00 AM, open to all counsel.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Forest River, Inc.
October 19, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Jayco Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting in part and denying in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Sunnybrook RV, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for New Trial and in the Alternative Relief from Judgment or Order, filed by plaintiff Penny Saunders.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for New Trial and in the Alternative Relief from Judgment or Order, filed by plaintiff Laura Domingo.
October 5, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued an Order and Reasonsdenying the Motion for Entry of Lone Pine Order, filed by defendants.
Also on this date, the Court issued an Order and Reasonsgranting the Joint Motion Joint to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel.
Also on this date, the Court issued an Order and Reasonsgranting the Joint Motion Joint to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for Disbursement of Fleetwood Settlement Funds filed by the Special Master.
Also on this date, the Court issued an Orderadopting the distribution protocol for Disbursement of Fleetwood Settlement Funds recommended by the Special Master.
September 27, 2011
On this date, the Court issued an Order and Reasonsdenying Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsdenying Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
September 23, 2011
On this date, the Court issued an Order and Reasonsdenying five Motions to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 22, 2011
On this date, the Court issued an Order and Reasonsdenying without prejudice the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsdenying without prejudice the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsdenying without prejudice in part, denying in part, and granting in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 21, 2011
On this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets the Court issued an Order and Reasonsdenying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, Joint Report No. 25 was filed by Contractor Defendants, Defendants' Liaison Counsel, Insurer Liaison Counsel, Plaintiffs' Liaison Counsel, and the United States of America.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsgranting the Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc. and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc. and CH2M Hill Constructors, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc. And Vanguard, LLC.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
Also on this date, the Court issued an Order and Reasonsgranting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Gulf Stream Coach, Inc.
September 20, 2011
On this date, the Court issued an Order and Reasonsdenying the Motion for New Trial and or Reconsideration.
September 16, 2011
On this date, the Court held a Status Conferencein chambers with liaison counsel, committee members, and counsel for FEMA at 8:30 a.m. and a general statusAlso on this date, the Court issued an Order and Reasonsdenying the Motion to Withdraw Lambert & Nelson, PLC, Becnel Law Firm, LLC, Law Offices of Ronnie G. Penton, Law Offices of Robert Becnel/Diane Zink, Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC, Parker Waichman Alonso, LLP, and Sweet & Associates as attorneys for plaintiffs; denying without prejudice the Motion to Dismiss Party for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiff Fact Sheets filed by Defendant Forest River, Inc.; and granting the Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Regarding Plaintiff Fact Sheets filed by Defendant Frontier RV, Inc.
Also on this date, the Court issued Pretrial Order No. 90 setting: (1) a Status Conference 10/21/2011 08:30 AM with liaison counsel and committee members and a General Status Conference for 10/21/2011 10:00 AM, open to all counsel; (2) a Status Conference for 11/17/2011 08:30 AM with liaison counsel and committee members and a General Status Conference set for 11/17/2011 10:00 AM, open to all counsel; and (3) a Status Conference for 1/5/2012 08:30 AM with liaison counsel and committee members and a General Status Conference set for 1/5/2012 10:00 AM, open to all counsel.
September 13, 2011
On this date, the Court issued an Order and Reasons denying the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 12, 2011
On this date, the Court issued an Order and Reasons denying the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 9, 2011
On this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
Also on this date, the Court issued an Order and Reasons granting the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
Also on this date, the Court issued an Order and Reasons granting the MOTION for New Trial and or Reconsideration.
September 7, 2011
On this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
Also on this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION for Judgment on the Pleadings to Dismiss the Third and Fourth Supplemental and Amended Administrative Master Complaints Based on the Government Contractor Defense by defendant Fluor Enterprises, Inc.
September 2, 2011
On this date, the Court issued Trial Scheduling Orders [22678, 22680, and 22682] for the January 23, 2011 Sun Valley bellwether trial.
Also on this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
Also on this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
August 25, 2011
On this date, the Court issued an Order continuing the SunValley bellwether trial set for October 17, 2011 to January 23, 2012 at 8:30 a.m., and the Final Pretrial Conference to January 5, 2012 at 9:30 a.m.
August 17, 2011
On this date, a STATUS REPORT was filed by the Special Master Regarding Recommendations on Methodology.
August 5, 2011
On this date, the USCA JUDGMENT was issued as mandate as to the Notice of Appeal, filed by Plaintiff Alana Alexander.
August 2, 2011
On this date, the Court issued an Order resetting the Jayco summary jury trial for January 23-24, 2012.
July 29, 2011
On this date, a STATUS REPORT was filed by the Special Master Regarding Fleetwood Appeals.
July 28, 2011
On this date, the Court issued an Order continuing the Jayco summary jury trial, to be reset at a later date.
July 27, 2011
On this date, the Court issued an Orders and Reasons [22248, 22249, and 22250] denying the MOTIONS to Dismiss Party for Insufficient Service of Process.
Also on this date, the Court issued Orders and Reasons [22251, 22252, and 22253] denying MOTIONS for Reconsideration.
July 18, 2011
On this date, the Court issued an Order appointing John Perry as Mediator in order to facilitate settlement discussions in connection with Plaintiffs' claims against Defendants Shaw Environmental, Inc., Fluor Enterprises, Inc., CH2M Hill Constructors, Inc., Bechtel National Inc., and any other third-party installation/ maintenance contractors and "procurement" parties, and for the purposes of exploring the potential for global settlement as to any and all other non-manufacturer and non-government defendants in this MDL.
July 15, 2011
On this date, the Court issued Pretrial Order No. 89 which followed the status conference set that day and which set certain upcoming deadlines.
July 14, 2011
On this date, the Court issued Orders and Reasons [22185 and 22187] on unopposed motions.
July 5, 2011
On this date, the Court issued a Corrected Pretrial Order No. 88.
June 29, 2011
On this date, special Master Daniel J. Balhoff filed his Status Report on Fleetwood Objection Hearings.
Also on this date, the Court issued Orders and Reasons [22134, 22135, 22136, 22137, 22138, and 22139] on several unopposed motions.
June 24, 2011
On this date, the Court issued an Order and Reasons granting the MOTION for Entry of Pretrial Order Concerning Completion of Plaintiff Fact Sheets, the Deficiency Process and Compilation of a Master Database of Plaintiffs for Resolution of Claims filed by Plaintiffs' Liaison Counsel.
Also on this date, the Court issued Pre-trial Order No. 88 outlining and amending the procedure contemplated in Pretrial Order No. 86. (Rec. Doc. 20770), which will govern the Plaintiff Fact Sheet ("PFS") deficiency process going forward in this MDL.
June 15, 2011
On this date, the Court issued an Order and Reasons [22053] granting the MOTION to Dismiss Party Defendant Dutchmen Manufacturing, Inc. filed by Defendant.
June 8, 2011
On this date, the Court issued an Order of Dismissal canceling the June 13, 2011 Coachmen summary jury trial based on a resolution of the matter.
May 26, 2011
On this date, the Court issued an Order and Reasons denying a Motion to Remand.
May 25, 2011
On this date, the Court issued Orders and Reasons [21642, 21643, 21647, 21648, 21649, 21650, 21651, and 21652] denying Motions to Remand.
May 13, 2011
On this date, the Court issued Pretrial Order No. 87 which followed the status conference set that day and which set certain upcoming deadlines.
May 6, 2011
On this date, the Court issued an Order and Reasons denying the MOTION for Partial Judgment on the Pleadings to Dismiss Mississippi Products Liability Claims in the 3rd & 4th Supplemental and Amended Administrative Master Complaints filed by Defendants Bechtel National, Inc. and CH2M HILL Constructors, Inc., and the MOTION to Dismiss Plaintiffs' Mississippi Products Liability claims filed by Contractor Defendant Fluor Enterprises, Inc.
May 5, 2011
On this date, the Court issued Orders and Reasons granting as unopposed the following 3 motions: (1) MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Markalla LaFrance, Yascia LaFrance, Sharon Prout, and Kyle LaFrance filed by Defendant Crum & Forster Specialty Insurance Company; (2) MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Ashley White, Joshua White, Geraldo Perez, & Maria Miranda filed by Defendant Crum & Forster Specialty Insurance Company; and (3) the MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiff Christopher Richard, Jr., filed by Defendant Crum & Forster Specialty Insurance Company.
Also on this date, the Court issued a 120 Day Order of Dismissal canceling the KZRV bellwether trial set for May 16, 2011.
May 3, 2011
On this date, Notices of Filing bankruptcy were filed by Champion Home Builders Co. and Homes of Merit, Inc.
April 27, 2011
On this date, the Court issued an Order and Reasons denying the MOTION for Partial Judgment on the Pleadings on Negligence Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Defendant Fluor Enterprises, Inc., AND the Joint MOTION to Dismiss Negligence Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Contractor Defendants CH2M Hill Constructors, Inc and Shaw Environmental, Inc.
April 21, 2011
On this date, the Court issued an Order changing the trial date for the Coachmen summary Jury Trial from June 20, 2011 to June 13, 2011.
April 20, 2011
On ths date, the Court issued the First Amended Summary Jury Trial Scheduling Order for the Coachmen trial.
April 12, 2011
On this date, the Court issued an Order and Reasons granting the MOTION to Strike Venue Allegations in Plaintiffs' Third and Fourth Supplemental and Amended Administrative Master Complaints (Rec. Doc. 4486 and Rec. Doc. 7688) filed by United States of America AND denying the MOTION for Leave to File Fifth Supplemental and Amended Administrative Master Complaint filed by Plaintiffs' Liaison Counsel.
April 8, 2011
On this date, the Court issued Pretrial Order No. 86 regarding Plaintiff Fact Sheets.
April 5, 2011
On this date, the Court issued an Order and Reasons granting the Motion for Preliminary Approval of Proposed Class Settlement.
On this same date, the Court issued a preliminary approval Order setting a Fairness hearing for Monday, August 22, 2011, at 9:00 a.m.
March 24, 2011
On this date, the Court issued an Order noticing for submission the Motion for Preliminary Approval of Proposed Class Settlement. Any opposition memoranda to this motion shall be submitted on or before 3/28/2011.
Also, on this date, the Court issued Pretrial Order No. 85, which followed the status conference set that day and which set certain upcoming deadlines.
March 16, 2011
On this date, the Court issued several Orders and Reasons [20492, 20493, 20494, 20495] denying Plaintiffs’ Motions to Remand to State Court.
March 15, 2011
On this date, the Court issued an Order and Reasons denying Plaintiff’s Motion to Remand to State Court.
March 10, 2011
On this date, the Court issued an Amended Trial Scheduling Order relating to the August 1, 2011 Jayco summary jury trial.
March 9, 2011
On this date, the Court issued an Order clarifying the intent of Pretrial Order No. 68.
Also on this date, the Court issued an Order and Reasons granting the Motion for Court Approval and Adoption of Special Master's Recommendations on Methodology and Allocations.
March 2, 2011
On this date, the Court issued a Minute Entry from the March 2, 2011 oral argument, wherein the Court denied the defendants’ Motion in Limine to Exclude Expert testimony of Paul Hewett.
February 22, 2011
On this date, the Court issued a summary jury trial Scheduling Order for the June 20, 2011 Coachmen bellwether trial.
February 4, 2011
On this date, the Court issued a Judgment in member case no. 09-3818.
Also on this date, the Court issued Pretrial Order No. 84, which followed the status conference set that day and which set certain upcoming deadlines.
February 2, 2011
On this date, the Court issued an Order amending the Order and Reasons (Rec. Doc. 19856) in the following respect: the correct case number for the Ory matter on page 8 is 09-6224, not 09-6211.
Also on this date, the Court issued an Order the amend the Order and Reasons (Rec. Doc. 19899) to include a determination as to member case 07-9228 Aldridge et al v. Gulf Stream Coach, Inc. et al
February 1, 2011
On this date, the Court issued the Summary Jury Trial Order for the June 20, 2011 Coachmen summary jury trial.
January 25, 2011
On this date, the Court issued Order and Reasons denying the Cross-Motion for Summary Judgment of NACS and granting the Cross-Motion for Summary Judgment of Northfield.
Also on this date, the Court issued the Summary Jury Trial Order for the August 1, 2011 Jayco summary jury trial.
Also on this date, the Court issued the Scheduling Order for the August 1, 2011 summary jury trial.
January 24, 2011
On this date, the Court issued the final partial Order and Reasons on the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
Also on this date, the Court issued the Scheduling Order for the March 28, 2011
January 20, 2011
On this date, the Court issued another partial Order and Reasons on the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
Also on this date, the Court issued the Summary Jury Trial Order for the March 28, 2011 summary jury trial.
January 19, 2011
On this date, the Court issued a partial Order and Reasons on the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
Also on this date, the Court issued an Order amending the Order and reasons at Rec. Doc. 19856.
January 18, 2011
On this date, the Court issued the Trial Scheduling Orders [19812, 19813, and 19814] for the October 17, 2011 bellwether trial.
January 7, 2011
On this date, the Court issued an Order striking certain Amended Complaints from the record as untimely and for not requesting leave to file.
December 29, 2010
On this date, the Court issued an Order and Reasons the PSC Motion of Dismissal Pursuant to Fleetwood Settlement.
Also on this date, the Court issued an Order and Reasons denying the Motion for Entry of Order Concerning Summary Jury Trial Involving Dutchmen Manufacturing, Inc.
December 23, 2010
On this date, the Court issued an Order striking certain Amended Complaints from the record as untimely and for not requesting leave to file.
December 16, 2010
On this date, the Court entered Pre-Trial Order No. 83, which amends PTO 68.
December 15, 2010
On this date, the Court issued an Order and Reasons granting the Motion for Reimbursement of Certain Common Benefit Expenses from Fleetwood Settlement Fund filed by Plaintiffs' Liaison Counsel.
Also on this date, the Court issued Pre-trial Order No. 81 canceling the February 22, 2011 Dutchmen trial and resetting it for March 28, 2011. Other trial-related deadlines were given therein.
Also on this date, the Court issued Pre-trial Order No. 82 canceling the March 28, 2011 Sun Valley trial and resetting it for October 17, 2011. Bellwether plaintiffs were named, and other trial-related deadlines were given therein.
December 14, 2010
On this date, the Court issued the Trial Scheduling Order for the June 20, 2011 Coachmen bellwether trial.
December 13, 2010
On this date, notices of the Filing of Bankruptcy [18614, 18615, 18616, 18617, 18618, 18619, and 18620] were filed.
December 6, 2010
On this date, the Court issued an Order and Reasons denying the Joint Motion to Dismiss LPLA claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Contractor Defendants CH2M Hill Constructors, Inc. and Shaw Environmental, Inc., and the Motion for Partial Judgment on the Pleadings to Dismiss LPLA claims in the 3rd & 4th Supplemental and Amended Administrative Master Complaints filed by Defendant Fluor Enterprises, Inc.
December 3, 2010
On this date, the Court issued Pre-trial Order No. 80 setting the next general status conference for Friday, February 4, 2011, at 10:00 a.m.
December 2, 2010
On this date, the Court issued Pre-trial Order No. 79 making committee member re-appointments.
Also on this date, the Court issued an Order and Reasons granting in part and denying in part the Motion to Dismiss Plaintiffs' Third and Fourth Amended Master Complaints filed by Contractor Defendants.
December 1, 2010
On this date, the Court issued an Order resetting for hearing on 12/29/10 the PSC Motion of Dismissal Pursuant to Fleetwood Settlement (Rec. Doc. 16174).
November 29, 2010
On this date, the Court issued an Order stating that Anthony Dixon shall serve as the bellwether Plaintiff in the June 20, 2011 Coachmen Recreational Vehicle Company, LLC trial. Other trial-related deadlines were given therein.
November 19, 2010
On this date, notices of the Filing of Bankruptcy [18205, 18206, 18207, 18208, 18209, 18210, and 18211] were filed.
November 17, 2010
On this date, the Court issued an Order canceling the January 31, 2011 Jayco, Inc. Trial and resetting it for August 1, 2011. Other trial-related deadlines were given therein.
November 12, 2010
On this date, the Court issued an Order continuing the deadline for the filing of the Joint Motion for Preliminary Approval of Class Settlement to January 11, 2011.
Also on this date, notices of the Filing of Bankruptcy [17930, 17931] were filed.
November 9, 2010
On this date, the Court issued an Order continuing the hearing on the "Plaintiffs’ Motion to Enjoin Conflicting State Court Proceedings in Elkhart County, Indiana that Interfere with This Court’s Continuing Jurisdiction Over This Litigation" (Rec. Doc. 17661) to Wednesday, December 8, 2010, without oral argument.
November 8, 2010
On this date, notices of the Filing of Bankruptcy [17880, 17881] were filed.
October 26, 2010
On this date, the Court issued an Order and Reasons granting the MOTION for Review of Taxation of Costs (issued by the Clerk of Court) filed by United States of America.
Also on this date, the Court issued the Trial Scheduling Order for the January 31, 2011 Jayco, Inc. bellwether trial.
October 25, 2010
On this date, the Court issued an Order and Reasons granting the Motion to Extend Time to Serve Defendant filed by Plaintiffs; only to the extent that Plaintiff is allowed until Monday, November 15, 2010 to perfect service on Defendant Davis Professional Accounting Services, L.L.C.
Also on this date, the Court issued an Order and Reasons denying motions for leave to amend complains to add new plaintiffs.
Also on this date, the Court issued an Order and Reasons denying the Motion for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) filed by Plaintiffs' Liaison Counsel and granting the Motion to Certify for Interlocutory Review Pursuant to 28 U.S.C., Section 1292(b) the Court's May 18, 2010 Order Dismissing FTCA Negligence Claims of All Louisiana Plaintiffs.
Also on this date, the Court issued the Trial Scheduling Order for the May 16, 2011 KZ RV, LP bellwether trial.
October 22, 2010
On this date, the Court issued Pretrial Order No. 78 which followed the status conference set that day and which set certain upcoming deadlines.
October 19, 2010
On this date, the Court issued an Order and Reasons granting the Motion to Dismiss For Failure to Comply with Pre-Trial Order 32 filed by Defendant William Scotsman, Inc.
October 12, 2010
On this date, the Court entered the Order making the Jayco, Inc. Bellwether trial a summary jury trial.
October 5, 2010
On this date, the Court issued a Trial Scheduling Order for the February 22, 2011 bellwether trial.
September 22, 2010
On this date, the Court issued an Order and Reasons granting in part, denying in part the MOTION for Entry of Judgment under Rule 54(b) by Defendant Recreation By Design, LLC.
On that same day, the Court issued Judgment in favor of Defendant Recreation By Design, LLC.
September 16, 2010
On this date, the Court issued an Order canceling the November 8, 2010 bellwether trial.
September 14, 2010
On this date, the Court issued Pretrial Order No. 77 establishing the procedure for participating in the Fleetwood settlement.
September 10, 2010
On this date, the Court issued an Order and Reasons granting Gulf Stream Coach, Inc.’s Motion to Strike Live Testimony of Plaintiff’s Experts (Rec. Doc. 16065).
September 1, 2010
On this date, the Court issued an Order and Reasons granting the Special Master’s Motion to Establish Procedure for Compensation (Rec. Doc. 15824).
August 31, 2010
On this date, several Notices of Filing Bankruptcy [16050, 16051, 16052, and 16053] were filed.
August 27, 2010
On this date, the Court issued Pretrial Order No. 76 amending Pretrial Order No. 75.
August 24, 2010
On this date, the Court granted the Consent Motion for Entry of Fed. R. Civ. P. 54(b) Judgment and this Court’s August 8, 2010, Order and Reasons (Rec. Doc. 15061), dismissing all Alabama Plaintiffs’ Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§1346(b)(1), 2671-80, claims for lack of subject matter jurisdiction.
August 20, 2010
On this date, the Court issued Pretrial Order No. 75, following the status conferences held on that same day. See Order for various deadlines given therein.
August 19, 2010
On this date, the Court issued an Order and Reasons granting the PSC Motion for Appointment of Disbursing Agent and Data Management Consultant (Rec. Doc. 15065).
August 9, 2010
On this date, the Court issued an Order and Reasons granting the Defendant United States’ Motion to Dismiss the FTCA Claims of All "Alabama Plaintiffs" for Lack of Subject-Matter Jurisdiction Based Upon No Analogous Private Liability (Rec. Doc. 10656).
August 4, 2010
On this date, the Court issued an Order granting the Consent Motion for Entry of Fed. R. Civ. P. 54(b) Judgment and this Court’s June 23, 2010 Order and Reasons (Rec. Doc. 14486), dismissing Mississippi Plaintiffs’ Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§1346(b)(1), 2671-80, claims for lack of subject matter jurisdiction.
Also on this date, the Court issued Pretrial Order No. 73, relating to the November 8, 2010 bellwether trial.
Also on this date, the Court issued Pretrial Order No. 74, indicating that after the applicable deadlines have expired, all "unmatched complaints" will be dismissed in their entireties upon motion by defense liaison counsel. In so doing, the Court will thereby dismiss any Plaintiffs who appear in any "unmatched complaints" but not in any subsequently-matched amended complaints.
July 14, 2010
On this date, the Court issued an AMENDED Pretrial Order No. 68.
July 7, 2010
On this date, the Court issued Pretrial Order No. 72 following the status conferences held on that same day. See Order for various deadlines given therein.
July 2, 2010
On this date, the Court issued an Order granting the Motion for Extension of Deadlines to Extend Non-Litigation Track and Deadline to File Joint Preliminary Settlement Agreement and Motion to Certify A Settlement Class.
June 30, 2010
On this date, the Court issued an Order granting the Motion to Dismiss the claims of bellwether plaintiff Vanessa Jiles, with prejudice.
June 25, 2010
On this date, a Notice of Filing of Bankruptcy was filed.
June 23, 2010
On this date, the Court issued an Order and Reasons granting the MOTION to Dismiss for Lack of Jurisdiction Claims of "Mississippi Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America and dismissing for lack of subject matter jurisdiction all of Mississippi Plaintiffs' FTCA claims.
Also on this date, Notices of Filing of Bankruptcy [14523 and 14524] were filed.
June 18, 2010
On this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION for Leave to File a Global Motion for Leave to Amend and Add the United States Once all Plaintiffs' Claims are Ripe as to the United States filed by Plaintiffs.
Also on this date, the Court issued the Scheduling Order for the November 8, 2010 Keystone bellwether trial.
June 11, 2010
On this date, the Court issued an Order granting the Motion for Appointment of Special Master. FURTHER ORDERED that Daniel J. Balhoff be appointed as Special Master herein, pursuant to Rule 53 of the Federal Rules of Civil Procedure.
June 10, 2010
On this date, the Court issued an Order and Reasons granting in part and denying in part the MOTION Entry of Judgment filed by Defendants Forest River, Inc. and Shaw Environmental, Inc.
Also on this date, the Court issued a Judgment relevant to the Wright bellwether trial.
Also on this date, the Court issued an Order denying the MOTION to Amend/Correct /Convert Dismissal of Bellwether Plaintiffs' Claims Without Prejudice to With Prejudice re Notice of Voluntary Dismissal as to claims of plaintiff Robin Lewis against Fluor Enterprises, Inc, and re Notice of Voluntary Dismissal as to claims of Easton Charles, Jr. against Fluor Enterprises, Inc.
June 9, 2010
On this date, the Court issued Pretrial Order No. 71, canceling the June 25, 2010 status conferences and resetting them for Wednesday, July 7, 2010 at 8:30 a.m. and 10 a.m.
June 8, 2010
On this date, the Court issued an Order, converting the September 2010 Gulf Stream bellwether trial to a summary jury trial.
June 3, 2010
On this date, the Court issued Pretrial Order No. 70, relative to the November 2010 Keystone bellwether trial.
June 2, 2010
On this date, the Court issued Pretrial Order No. 69 canceling the October 18, 2010 bellwether trial.
May 26, 2010
On this date, the Court the Court issued PRETRIAL ORDER NO. 68 CONCERNING DEADLINES FOR MATCHING AND FILING.
Also on this date, the Clerk of Court issued Bills of Costs [14270 and 14271] for the castanel and wright trials.
May 19, 2010
an ORDER AND REASONS granting the MOTION for Extension of Deadlines to Match certain Plaintiffs Pursuant to Pretrial Order Nos. 40 and 49 and 53 filed by Plaintiffs; extension of 30 days from the entry of this Order to match to manufacturers and contractors/installers.
May 18, 2010
the ORDER AND REASONS granting the MOTION to Dismiss for Lack of Jurisdiction the FTCA Negligence Claims of All "Louisiana Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America (6970).
May 14, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part, denying in part the MOTION for Daubert Hearing to Exclude Expert Testimony of Paul Hewett filed by Defendant Recreation By Design, LLC. (13600);
-ORDER AND REASONS that all objections to exhibits are REFERRED TO TRIAL, with certain caveats.
May 13, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION in Limine to Exclude Testimony of plaintiff's expert Dr. Lawrence Miller filed by Defendant Recreation By Design, LLC. (13298);
- ORDER AND REASONS denying the MOTION in Limine to Exclude References to Certain Incidents Relating to Dr. Miller filed by Plaintiffs' Liaison Counsel (13330);
-ORDER AND REASONS re the MOTION for Daubert Hearing to Exclude Expert Testimony of Dr. Lawrence Miller filed by Defendant Recreation By Design, LLC. (13599);
-ORDER AND REASONS denying the MOTION for Reconsideration re Order granting plaintiff's motion to add one additional witness, filed by defendant by Recreation by Design, LLC.(14054).
Also on this date, the Court issued Pretrial Order No. 67 relating to the cancellation of the July 2010 Keystone bellwether trial and discussing the setting of the next Keystone bellwether trial.
May 12, 2010
ORDER AND REASONS granting in part, denying in part the MOTION in Limine to Exclude Opinions and Testimony of Alexis Mallet filed by Defendant Recreation By Design, LLC (13315).
May 11, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS re the MOTION in Limine to Exclude Plaintiff's Expert Testimony of Gerald McGwin, PhD filed by Defendant Recreation by Design, LLC. (13306);
-ORDER AND REASONS denying the MOTION in Limine to Exclude Expert Testimony of Edward Shwery, PhD filed by Defendant Recreation By Design, LLC (13303);
-ORDER AND REASONS denying the MOTION in Limine to Strike References to an Alternative Design and Related Demonstrative Exhibit filed by Defendant (13308);
-ORDER AND REASONS granting in part, denying in part the MOTION in Limine to Exclude Opinions and Testimony of Stephen Smulski, Ph.D. filed by Defendant Recreation By Design, LLC (13310);
-ORDER AND REASONS granting the MOTION for Leave to File Motion to Strike the Testimony of Albert Jarrell filed by Defendant Recreation By Design, LLC. (13955, and denying in part and partially deferring to trial the MOTION to Strike the Testimony of Albert Jarrell filed by Defendant Recreation By Design, LLC (14049).
May 10, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION to Exclude the Testimony of Dr. Ronald French filed by Plaintiffs' Liaison Counsel (13603);
-ORDER AND REASONS granting the MOTION for Leave to File Motion in Limine to Prevent and/or Exclude Testimony Regarding Fleetwood filed by Defendant Recreation By Design, LLC (13951); and denying the MOTION in Limine to Prevent and/or Exclude Testimony Regarding Fleetwood filed by Defendant Recreation By Design, LLC.(14041).
May 7, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part and denying in part the Motion in Limine to Exclude the Testimony of Plaintiffs Expert, Patricia Williams, Ph.D (13300);
-ORDER AND REASONS denying the Motion for Partial Summary Judgment as to Surgery-Related Claims (13233); and denying the Motion in Limine to Exclude Evidence and/or Testimony Regarding Surgery-Related Claims (13314).
The Court also issued Pretrial Order No. 66 after the May 7, 1010 status conferences.
May 6, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION in Limine to Exclude Testimony of plaintiff's Expert Kenneth R. Laughery, Ph.D. filed by Defendant Recreation by Design, LLC. (13297);
-ORDER AND REASONS granting the MOTION to Strike the Addendum to Michael Ginvevan's, Ph.D. Expert Report filed by Plaintiffs' Liaison Counsel (13332).
Also on this date, the Court issued Pretrial Order No. 65 setting certain deadlines for the Castanel bellwether trial.
Also on this date, the Pretrial Order for the Castanel bellwether trial was docketed.
May 5, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION for Summary Judgment on Causation filed by Defendant Recreation By Design, LLC. (13235);
-ORDER AND REASONS denying the MOTION for Partial Summary Judgment as to Plaintiff's Failure to Warn Claim filed by Defendant Recreation By Design, LLC. (13241);
-ORDER granting the MOTION in Limine to Exclude All References to Building Codes filed by Defendant Recreation By Design, LLC. (13304);
-ORDER granting the MOTION in Limine Requesting that the Court Enter Its Prior Rulings Made in the Wright Trial as to Certain Similar Evidentiary Issues Relevant to This Matter filed by Defendant Recreation By Design, LLC. (13309);
-ORDER AND REASONS granting the MOTION in Limine to Prohibit Reference to the Financial Matters of Earline Castanel filed by Plaintiffs' Liaison Counsel (13331);
- ORDER AND REASONS granting the MOTION for Leave to File Supplemental Expert Report filed by Defendant Recreation By Design, LLC. (13939);
-ORDER AND REASONS granting the MOTION to Add One Additional Witness to Plaintiff's Witness List filed by Plaintiffs' Liaison Counsel (13291);
-ORDER AND REASONS denying as premature the MOTION for Entry of Judgment under Rule 54(b) Motion for Relief from Judgment filed by Plaintiff Earline Castanel (13262).
May 4, 2010
On this date, the Court issued an ORDER instructing that no later than 7/1/2010, the Non-Litigation Track Defendants and the PSC will file a Joint Preliminary Class Settlement Agreement and Motion to Certify a Settlement Class.
Also on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part, denying in part the MOTION for Partial Summary Judgment on Exclusion of Claims filed by Defendant Recreation By Design, LLC. (13232);
- ORDER AND REASONS denying the MOTION for Partial Summary Judgment on Plaintiff's mental Anguish Claims filed by Defendant Recreation by Design, LLC. (13234).
April 30, 2010
On this date, the Court issued an Amended Trial Scheduling Order for the September 2010 Gulf Stream trial.
April 29, 2010
On this date, the Court issued an ORDER noting that the MOTION in Limine to Exclude in Part the Testimony of Plaintiff's Expert William Scott filed by Defendant Recreation by Design, LLC. (13307) is withdrawn.
April 27, 2010
On this date, the Court issued Pretrial Order No. 63 and Pretrial Order No. 64 relating to summary jury trial procedures.
April 27, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion in Limine to Adopt Prior Evidentiary Rulings Made in the Alexander bellwether trial by Defendant Recreation By Design, LLC. (13311);
-ORDER denying as moot the Motion in Limine to Adopt Prior Evidentiary Rulings Made in the Dubuclet bellwether trial by Defendant Recreation By Design, LLC.
April 26, 2010
On this date, the Court issued an ORDER granting the Motion in Limine to Exclude Any Reference to TL Industries, Inc. and Preclude Any Reference to News Media Coverage related to TL Industries, Inc. (13299).
Also on this date, Plaintiff Alexander filed a Notice of Appeal relating to rec. doc. 13150.
April 21, 2010
On this date, the Court issued rulings on the following motions:
-ORDER selecting Keith Andrews, III, represented by his father, Keith Andrews, Jr., as the bellwether plaintiff for the October 18, 2010 Palm Harbor bellwether trial;
-ORDER AND REASONS denying the MOTION for Summary Judgment regarding prescription by Recreation By Design, LLC (9722
April 20, 2010
On this date, the Court issued an ORDER extending the Non-Litigation Track except as to Palm Harbor.
April 19, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the MOTION for Partial Summary Judgment as to Plaintiff's Express Warranty Claim by Recreation By Design, LLC (13277) based on Rec. Doc.13325.
-ORDER AND REASONS denying the MOTION to Dismiss Rule 12(b)(6) by Recreation By Design, LLC (9721).
April 16, 2010
On this date, the Court issued an ORDER granting in part and denying in part Plaintiff's Motion to Re-Tax Costs (10926).
Also on this date, the Court issued a Trial Scheduling Order for the Palm Harbor bellwether trial.
April 15, 2010
On this date, the Court issued an ORDER granting the MOTION to Dismiss Party (Shaw Environmental, Inc.) filed by Plaintiff Earline Also on this date, the Court issued an ORDER granting several motions as moot based on Shaw’s dismissal from the Castanel matter.
April 12, 2010
On this date, the Court issued an ORDER AND REASONS granting in part, denying in part (as stated in document) the MOTION to Dismiss Pursuant to Rules 12(b)(1), 12(b)(2) and 12(b)(6) With Respect to the Third and Fourth Supplemental and Amended Administrative Master Complaints by Morgan Building & Spas, Inc. and Morgan Building Systems (7792).
April 8, 2010
On this date, the Court issued an ORDER granting the Motion to Appoint John Perry as Mediator (13207).
Also, a Notice of Bankruptcy Filing was filed.
April 7, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting MOTION to Amend/Correct 12990 Order of Dismissal of Claims of plaintiff Paul Lastrapes Filed by Keystone RV Company (13087);
-ORDER AND REASONS granting MOTION to Amend/Correct 12999 Order of Dismissal of claims of plaintiff Jonah Stevenson filed by Keystone RV Company (13088).
April 6, 2010
Plaintiff filed Notice of Appeal [13200] as to Order.
March 30, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying the MOTION for New Trial or, Alternatively, for Relief from Judgment filed by Plaintiffs' Liaison Counsel (5609);
-ORDER AND REASONS denying the MOTION for Relief from Judgment filed by Plaintiffs' Liaison Counsel (5722);
-ORDER AND REASONS denying the MOTION to Certify for Interlocutory Review pursuant to 28 U.S.C. s. 1292(b) filed by Contractor Defendants Bechtel National, Inc. (6082).
March 29, 2010
Completed Jury Verdict Form from Wright bellwether trial. [13174].
March 26, 2010
On this date, the Court issued an Order and Reasons on Plaintiff Wright’s Rule 50 motion and Forest River’s post-trial motion.
March 24, 2010
On this date, Magistrate Chasez granted the MOTION to Quash Subpoena filed by Plaintiff David McGraw (12670).
March 23, 2010
On this date, the Court granted in part and denied in part the Motion to Exclude Defendants' Deposition Cuts of Tyshone Marsh (13062).
March 22, 2010
On this date, Magistrate Chasez granted the Motion to Compel and order Plaintiff to respond to Keystone's outstanding discovery requests within two (2) weeks. [11973]
March 19, 2010
On this date, the Court granted in part and denied in part the Motion to Exclude Dr. Patricia Williams' Demonstrative Exhibit (13017).
March 18, 2010
A Notice of Filing Bankruptcy was filed.
March 16, 2010
On this date, the Court issued Orders [Rec. Doc. 12990 and 12999] granting the unopposed motions dismissing the claims of Paul Lastrapes and Jonah Stevenson - the substitute bellwether plaintiffs for the July 2010 Keystone bellwether trial.
March 15, 2010
On this date, the Court issued the Trial Scheduling Order for the September 2010 Gulf Stream bellwether trial.
March 12, 2010
On this date, the Court issued an Order and Reasons denying, without prejudice, as premature MOTION to Allow Experts to Utilize and Explain the Demonstrative Computer-Generated Video Evidence During their Testimony in the Interest of Clarity and Judicial Economy filed by Plaintiffs' Liaison Counsel (Rec. Doc. 12744).
March 11, 2010
On this date, the Court issued an Order and Reasons denying reconsideration of its previous order relating to building codes.
Also on this date, the parties to the Wright bellwether trial filed certain stipulations {Rec. Docs. 12780, 12781] into the record.
March 10, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part, denying in part MOTION to Exclude Expert Testimony of Patricia Williams, PhD, DABT filed by Defendant Forest River, Inc. (Rec. Doc. 11404);
-ORDER AND REASONS denying MOTION in Limine to Exclude Expert Testimony of Paul Hewett, Ph.D. filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 11415);
-ORDER AND REASONS denying MOTION to Exclude Expert Testimony of Alexis Mallet filed by Defendant Forest River, Inc. (Rec. Doc. 11383); and
-ORDER AND REASONS granting in part and denying in part Forest River, Inc.'s Motion to Exclude Expert testimony of Dr. Lawrence Miller (Rec. Doc. 11385).
March 9, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION for Partial Summary Judgment regarding Mental Anguish filed by Defendant Forest River, Inc. (Rec. Doc. 10934);
-ORDER AND REASONS denying as moot MOTION for Partial Summary Judgment on Plaintiff's Mental Anguish Claims filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 10945);
-ORDER AND REASONS denying MOTION to Exclude Expert Testimony of Paul J. Lagrange filed by Defendant Forest River, Inc. (Rec. Doc. 11380);
-ORDER AND REASONS granting in part, denying in part MOTION to Exclude Testimony of Ervin L. Ritter (Rec. Doc. 11393);
-ORDER AND REASONS denying MOTION to Exclude Expert Testimony of Dr. Edward H. Shwery (Rec. Doc. 11400); and
-ORDER AND REASONS granting in part, denying in part MOTION in Limine to Limit the Testimony of Stephen Smulski, PhD (Rec. Doc. 11403).
March 8, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION in Limine to Exclude Expert Testimony of Charles David Moore filed by Contractor Defendant Shaw Environmental, Inc(Rec. Doc. 11417);
-ORDER AND REASONS granting in part, denying in part MOTION in Limine to Limit the Testimony of William Dyson, Ph.D. filed by Plaintiffs' Liaison Counsel. (Rec. Doc. 11353); and
-ORDER AND REASONS denying MOTION to Exclude Plaintiff's Animation Exhibit filed by Defendant Forest River, Inc.(Rec. Doc. 11355).
March 5, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION for Summary Judgment on Causation filed by Contractor Defendant Shaw Environmental, Inc.(Rec. Doc. 10929);
-ORDER AND REASONS granting MOTION in Limine to Prohibit References to an Exemplar Trailer filed by Plaintiffs' Liaison Counsel.(Rec. Doc. 11384);
-ORDER AND REASONS granting in part, denying in part MOTION to Exclude Certain Comments to the Jury filed by Defendant Forest River, Inc. (Rec. Doc. 11389);
-ORDER AND REASONS denying MOTION for Reconsideration of the Court's Ruling Granting Defendant's Motion to Strike the Addendum to Dr. Larry Miller's Expert Reports filed by Plaintiffs' Liaison Counsel (Rec. Doc. 11695); and
-ORDER AND REASONS granting in part, denying in part MOTION for Reconsideration on the Court's Ruling Granting Defendant's Motion to Strike the Plaintiff's Expert Supplemental Reports filed by Plaintiffs' Liaison Counsel(Rec. Doc. 11758).
Also on this date, the Court issued Pre-Trial Order No. 62 after the general status conference, setting certain deadlines.
March 4, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot Motion for Partial Summary Judgment Regarding Plaintiff's Maintenance Claims (Rec. Doc. 10947); and
-ORDER AND REASONS denying MOTION for Partial Summary Judgment Regarding Failure to Warn filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 10946).
Also on this date, the Court issued Pre-Trial Order No. 60 setting certain pre-trial deadlines for the Wright bellwether trial.
March 3, 2010
On this date, the Court issued an ORDER AND REASONS granting MOTION in Limine to Prohibit References to the Inapplicability of Building Codes filed by Plaintiffs' Liaison Counsel (Rec. Doc. 11362), MOTION in Limine to Exclude References to Building Codes filed by Contractor.
March 2, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part, denying in part MOTION for Summary Judgment regarding Causation filed by Defendants Forest River, Inc. and Shaw Environmental. Inc. (Rec. Doc. 11933);
-ORDER AND REASONS denying MOTION for Partial Summary Judgment Regarding "Blocking" filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 11935); and
-ORDER AND REASONS denying MOTION in Limine to Reference to Plaintiff Witnessing Previous Expert Testimony filed by Plaintiffs' Liaison Counsel.(Rec. Doc. 11348).
March 1, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION in Limine to Any Reference to Malingering, Alcohol Abuse or Drinking Problems (Rec. Doc. 11352); and
-ORDER AND REASONS denying MOTION in Limine to Prohibit References or Suggestions that the Water Leak at the Door was Caused by a Break In (Rec. Doc. 11387).
February 26, 2010
On this date, the Court issued Pre-Trial Order No. 61 selecting the bellwether plaintiff and substitutes for the September 2010 Gulf Stream bellwether trial.
Also on this date, the Court issued an Order and Reasons denying MOTION for Partial Summary Judgment With Respect to Certain Affirmative Defenses of Forest River, Inc. (Rec. Doc. 10940).
February 25, 2010
On this date, the Court entered the Pre-Trial Order for the Wright bellwether trial into the record.
Also on this date, the Court issued rulings on the following motions:
-ORDER AND REASONS granting in part, denying in part MOTION in Limine to Prohibit References to Matters in the Personal History of Tyshone Marsh (Rec. Doc. 10360); and
-ORDER AND REASONS denying MOTION in Limine to Prohibit Reference to Formaldehyde in Foods and Other Products (Rec. Doc. 11357).
February 24, 2010
On this date, the Court issued rulings on the following motions:
-ORDER AND REASONS denying MOTION for Summary Judgment Regarding Government Contractor Defense(Rec. Doc. 10936);
-ORDER AND REASONS denying MOTION for Partial Summary Judgment regarding Forest River's Duty to Warn (Rec. Doc. 10937); and
-ORDER AND REASONS adopting Order on Motion for Summary Judgment, granting in part, denying in part MOTION for Summary Judgment Based on Shaw Environmental Inc.'s Status as a Government Contractor filed by Contractor Defendants (Rec. Doc. 10941).
February 23, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion in Limine to Prohibit Reference to Unrelated, Non-Pled Claim (Rec. Doc. 11356); and
-ORDER AND REASONS granting MOTION for Partial Summary Judgment With Respect to a Certain Affirmative Defense of Shaw Environmental, Inc. (Rec, Doc. 10942).
Also on this date, the Court issued Pretrial Order No. 59 appointing Ralph S. Hubbard III and Charles E. Leche to serve as co-liaison counsel for the insurance carriers involved in this MDL.
February 22, 2010
On this date, the Court issued rulings on the following motions:
-ORDER denying as moot the Motion to Exclude References to Opinions of Dr. George Farber (Rec. Doc. 11374);
-ORDER denying as moot the Motion to Exclude Expert Testimony of William D. Scott (Rec. Doc. 11397);
-ORDER denying as moot the Motion in Limine With Regard to the Darrian Griffin Affidavit (Rec. Doc. 11418); and
-ORDER denying as moot the Motion in Limine to Prohibit References to the Bathroom Vent Cover as Missing (Rec. Doc. 11419).
February 18, 2010
On this date, the parties in the Wright bellwether trial filed Stipulations [Rec. Docs. 11729, 11730] into the record.
February 17, 2010
On this date, the parties in the Wright bellwether trial filed Stipulations [Rec. Docs. 11604, 11608] into the record.
February 10, 2010
On this date, the Court issued an Order and Reasons granting Defendants’ Joint Motion to Strike the Addendum to the Expert Reports of Dr. Lawrence Miller (Rec. Doc. 10321).
Also on this date, the Court issued an Order and Reasons granting Defendants’ Joint Motion to Strike Plaintiff’s Supplemental Expert Reports (Rec. Doc. 10944).
February 8, 2010
Based on Joint Stipulation (Rec. Doc. 11240), the Court issued an Order denying as moot the following motions: MOTION for Partial Summary Judgment regarding Medical Monitoring Damages filed by Defendant (Rec. Doc. 10938), MOTION for Partial Summary Judgment Regarding Claims Under the Louisiana Products Liability Act filed by Contractor Defendants (Rec. Doc. 10930), MOTION for Partial Summary Judgment regarding Plaintiff's Claim for Loss of Future Earning Capacity filed by Defendant (Rec. Doc. 10939).
February 5, 2010
The Court issued a scheduling Order setting certain pre-trial deadlines in the Wright bellwether trial.
Also on this date, the Court issued an Order relating to the selection of a bellwether plaintiff for the September 2010 Gulf Stream bellwether trial.
February 4, 2010
The parties in the Wright bellwether trial filed Stipulations [Rec. Docs. 11181, 11240] into the record.
Also on this date, the Court issued an Order and Reasons denying the MOTION to certify for Interlocutory Review Pursuant to 28 U.S.C. § 1292(b) the Court's November 16, 2009 Order Denying Shaw Environmental, Inc.'s Motion for Summary Judgment Based on Prescription (Rec. Doc. 8566).
February 3, 2010
On this date, the Court held a status conference and issued an Order therefrom relating to summary jury trial process and procedure.
January 29, 2010
On this date, the Court issued Pretrial Order No. 58 regarding applications/nominations for insurers liaison counsel.
January 27, 2010
On this date, the following Notices of Filing Bankruptcy [Rec. Docs. 10905, 10906, 10907, 10908, 10909, 10910, 10911, 10912] were filed.
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.
January 25, 2010
Gulf Stream filed its Response to PSC’s Objections to its nominees for the upcoming Gulf stream bellwether trial.
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.
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).
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.
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).
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.
January 10, 2010
On this date, the Government issued a Notice of Intent to Dispose of Certain EHUs.
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.
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.
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.
December 18, 2009
On this date, a Notice of Filing of Bankruptcy [Rec. Doc.9369] was filed.
December 17, 2009
On this date, several Notices of Filing of Bankruptcy [Rec. Docs. 9365, 9366, 9367, 9368] were filed.
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.
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.
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.
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).
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).
December 3, 2009
On this date, the Court issued an Order continuing the Fleetwood bellwether trial without date.
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
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].
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.
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].
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).
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).
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).
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.
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.
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).
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).
November 13, 2009
On this date, the parties in the Fleetwood bellwether trial filed their Stipulations of Fact.
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.
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.
October 23, 2009
On this date, the Court issued Pretrial Order No. 46 detailing what was ordered at the October 23, 2009 status conference.
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.
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).
October 15, 2009
On this date, the Court issued an Order and Reasons [Rec. Doc. 5491] denying the Motion for Reconsideration (Rec. Doc. 2201).
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).
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).
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).
October 2, 2009
Mary C. Devany filed a Notice of Interlocutory Appeal.
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).
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.
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.
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).
September 17, 2009
A Notice of Interlocutory Appeal is filed by Plaintiffs’ Liaison Counsel.
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).
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.
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).
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.
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).
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.
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).
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).
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).
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).
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).
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).
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.
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).
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).
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).
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
August 18, 2009
On this date, the Court issued Pretrial Order No. 44 relating to responsive pleadings and notices of preservation of defenses.
August 17, 2009
On this date, the Court issued amended Trial Scheduling Orders for the Forest River and the Fleetwood bellwether trials.
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.
August 12, 2009
On this date, the Court issued Pretrial Order No. 43 wherein certain bellwether trial were rescheduled.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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].
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.
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.
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).
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.
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).
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.
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.
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).
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]
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).
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.
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.
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).
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.
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.
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.
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).
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.
June 5, 2009
On this date, the Court entered an Order allowing IBS to be placed on the non-litigation track.
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.
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).
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.
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.
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.
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).
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).
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.
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.
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.
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).
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.
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.
April 16, 2009
On this date, the Court issued an Order relating to a juror questionnaire.
April 15, 2009
On this date, the Court cancelled the April 29, 2009 oral argument on the Motion to Dismiss (Rec. Doc. 1324).
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.
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.
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.
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.
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].
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].
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).
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.
March 13, 2009
On this date, a minute entry was entered wherein Magistrate Chasez granted Plaintiffs’ motion to quash (Rec. Doc. 1148).
March 12, 2009
On this date, a notice of bankruptcy filing was entered by Fleetwood Enterprises, Inc.
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]
March 10, 2009
On this date, notices of bankruptcy filing were entered by Monaco Coach Corporation and R-Vision, Inc.
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.
March 2, 2009
On this date, a transfer Order from the MDL panel was entered into the record (re: Green v. Fleetwood).
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.
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.
February 11, 2009
On this date, the Court issued an Order granting Motion to Dismiss Complaint by Silver Creek Homes, Inc.
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.
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.
January 20, 2009
On this date, the Court issued an Order granting leave to Robert Devlin, Luca Devlin and Johnnie Speer to file First Amended Complaint.
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.
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.
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.
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.
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
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.
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.
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).
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).
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).
December 2, 2008
On this date, the Court held the class certification hearing.
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.
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).
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.
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.
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.
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").
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.
November 6, 2008
On this date, the Court issued an Order and Reasons, granting Morgan’s Rule 12(b)(1) Motion to Dismiss.
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.
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.
October 30, 2008
On this date, Magistrate Judge Roby issued a Recusal Order.
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.
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.
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.
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).
October 1, 2008
On this date, a Stipulated Protective Order was issued by Magistrate Roby.
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.
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.
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).
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."
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.
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.
August 22, 2008
Plaintiffs filed their List of proposed Class Representatives. (Rec. Doc. 666)
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.
August 11, 2008
On this date, Magistrate Roby issued an Order , which extended the time to submit a Protective Order.
August 7, 2008
On 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.
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).
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.
July 31, 2008
Magistrate Roby issued an Order relative to Defendants' Motion for Protective Order Regarding Electronic Discovery (Rec. Doc. 531).
July 29, 2008
Magistrate Roby issued an Order relative to Plaintiffs' Motion for Entry of Proposed "Stipulated Protective Order" (Rec. Doc. 538).
July 24, 2008
Pursuant to the Court's Pretrial Order No. 13, the Court ordered certain revisions to Pre-Trial Order No. 8.
July 9, 2008
Magistrate Roby issued an Order and Reasons relative to the Motion for Protective Order on Merits Discovery (Rec. Doc. 408)
.
July 2, 2008
On this date, the Court held a telephone status conference wherein it set certain deadlines relative to 30(bThis matter is memorialized in the Court's Order dated July 2, 2008.
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)
.
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.
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.
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.
May 30, 2008
Pursuant to the Court’s Pretrial Order No. 10, the Court set forth specific rules regarding motion practice.
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.
May 23, 2008
Pursuant to the Court’s Pretrial Order No. 8, the Court set additional deadlines regarding class certification.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
January 17, 2008
The general status conference was held on this date by Judge Kurt D. 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.
January 2, 2008
Pursuant to the Court’s January 2, 2008 Order, the Motion to Amend Protective Order (Rec. Doc. 72) is DENIED.
December 27, 2007
Pursuant to the Court’s December 27, 2007 Order, the Motion for Preliminary Injunction (Rec. Doc. 8) is DENIED.
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.
December 13, 2007
On this date, the Court issued a Protective Order Concerning FEMA Testing of Housing Units.
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.
Order - Rec. Doc. 26045
Approving the Special Master’s Recommendations [26042-1] Concerning Allocation and Objection Procedure.
March 20, 2013 Order - Rec. Doc. 26040
Approving the Special Master’s Recommendations [26032-2] Concerning Methodology for Dispersing Pending Settlements.
March 11, 2013 - Rec. Doc. Orders [26037] [26038] [26039]
Dismissing the claims of certain Louisiana, Mississippi, and Alabama plaintiffs against the United States.
February 19, 2013 Order - Rec. Doc. 26028
Dismissing certain cases pursuant to the Sun Valley, Inc. Settlement.
February 6, 2013 Order - Rec. Doc. 26019
Dismissing certain cases pursuant to the Allen Camper Manufacturing Company, Inc. Settlement.
February 6, 2013 Order - Rec. Doc. 26020
Dismissing certain cases pursuant to the Northwood Manufacturing, Inc. Settlement.
January 25, 2013 Order - Rec. Doc. 26014
Appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Sun Valley, Inc. Settlement.
January 18, 2013 Order - Rec. Doc. 26011
Appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Allen Camper Manufacturing Company, Inc. Settlement.
January 18, 2013 Order - Rec. Doc. 26010
Appointing Daniel J. Balhoff as Special Master to develop protocol and make recommendations concerning the allocation of funds pursuant to the Northwood Manufacturing, Inc. Settlement.
December 21, 2012 Case Management Order - Rec. Doc. 26000
Issued by Special Master to govern the dispute concerning common benefit attorney fees.
December 13, 2012 Order - Rec. Doc. 25994
Appointing the Honorable F. A. Little, Jr., Retired United States District Judge, as Special Master to gather evidence, as necessary, and render a report and recommendation on the dispute concerning common benefit attorney fees.
November 14, 2012 Order - Rec. Doc. 25951
Establishing a protocol for distributing the Manufactured Home Settlement Funds.
November 14, 2012 Order and Reasons - Rec. Doc. 25950
Granting the motion of Special Master Daniel J. Balhoff to distribute the Manufactured Home Settlement Funds.
September 27, 2012 Final Order and Judgment - Rec. Doc. 25888
Granting the Joint Motion for Final Approval of Contractor Class Settlement [25877], granting PSC Motion to Approve Deduction of Common Benefit Fees and Expenses from Contractor Class Settlement [25841], and adopting Special Master Daniel J. Balhoff’s recommendations on Incentive Awards [25881].
September 27, 2012 Final Order and Judgment - Rec. Doc. 25887
Granting the Joint Motion for Final Approval of Manufacturer Class Settlement [25872], granting PSC Motion to Approve Deduction of Common Benefit Fees and Expenses from Manufacturer Class Settlement [25840], and adopting Special Master Daniel J. Balhoff’s recommendations on Incentive Awards [25881]
August 16, 2012 Order and Reasons - Rec. Doc. 25813
Granting the contractor defendants’ motion for summary judgment and dismissing claims against the settling contractors in cases involving manufactured housing.
July 27, 2012 Order - Rec. Doc. 25787
Dismissing certain claims pursuant to the Fleetwood settlement.
July 19, 2012 Order - Rec. Doc. 25770
Dismissing certain claims for failure to make service and dismissing certain claims for failure to prosecute.
July 6, 2012 Order - Rec. Doc. 25734
Canceling the jury trial and pretrial deadlines scheduled in Case 09-8630.
July 3, 2012 Order - Rec. Doc. 25730
Dismissing certain claims for failure to make service and dismissing certain claims for failure to prosecute.
July 2, 2012 Order - Rec. Doc. 25726
Directing plaintiffs to show cause why certain cases should not be dismissed for failure to comply with Pre-trial Order 49.
June 29, 2012 Order - Rec. Doc. 25724
Dismissing certain claims for failure to prosecute.
June 25, 2012 Order - Rec. Doc. 25721
Directing plaintiffs to show cause why certain cases should not be dismissed for failure to comply with Pre-trial Order 49.
June 25, 2012 Order - Rec. Doc. 25720
Dismissing certain claims for failure to prosecute.
June 25, 2012 Order - Rec. Doc. 25718
Canceling the jury trial and pretrial deadlines scheduled in Case 09-2921.
June 22, 2012 Order - Rec. Doc. 25717
Canceling the jury trial and pretrial deadlines scheduled in Case 09-4449.
June 22, 2012 Order - Rec. Doc. 25716
Canceling the jury trial and pretrial deadlines scheduled in Case 10-2438.
June 22, 2012 Order - Rec. Doc. 25715
Canceling the jury trial and pretrial deadlines scheduled in Case 09-2949.
June 14, 2012 Order - Rec. Doc. 25688
Denying without prejudice pending motions to dismiss filed by settling defendants.
June 14, 2012 Order - Rec. Doc. 25687
Directing plaintiffs to make service and/or obtain preliminary default or show cause in writing for failure to do so.
June 14, 2012 Order - Rec. Doc. 25686
Directing plaintiffs to submit a motion for default judgment or show cause in writing why certain cases should not be dismissed for failure to prosecute.
June 14, 2012 Order - Rec. Doc. 25691
Modifying the term of Special Master Amanda Ballay.
June 5, 2012 Order - Rec. Doc. 25680
Dismissing certain claims against defendants Superior Homes, LLC, Mitchell County Industries, LLC, and Mitchell County Investments, LLC, based on failure to cure certain service and call docket issues.
June 5, 2012 Order - Rec. Doc. 25679
Dismissing certain cases for failure to comply with Pretrial Order No. 49 regarding matching.
May 31, 2012 Order - 25674
Granting Motion for Entry of Default as to Stewart Park Homes, Inc. and American Camper Manufacturing, LLC d/b/a Ameri-Camp.
May 31, 2012 Order - Rec. Doc. 25671
Dismissing certain claims based on failure to cure certain service and call docket issues.
May 31, 2012 Preliminary Approval Order - Rec. Doc. 25668
Granting the Joint Motion for Preliminary Approval of Proposed Contractor Class Settlement, as amended and supplemented in rec. docs. [25658] [25667].
May 31, 2012 Preliminary Approval Order - Rec. Doc. 25666
Granting the Joint Motion for Preliminary Approval of Proposed Manufacturer Class Settlement, as amended and supplemented in rec. docs. [25655] [25646] [25664] [25665].
May 29, 2012 Order - Rec. Doc. 25653
Dismissing certain claims based on failure to cure certain service and call docket issues.
May 18, 2012 Pretrial Order No. 98 - Rec. Doc. 25623
Setting: (a) Fairness Hearings in two proposed class settlements on Sept. 27, 2012, at 10:30 a.m. for manufacturer settlement and 1:30 p.m. for contractor settlement; (b) May 25, 2012 deadline for filing Joint Motion for Preliminary Approval of Proposed Class Settlement regarding the contractor settlement; and (c) May 25, 2012 deadline for filing all pleadings necessary to amend to the Joint Unopposed Motion for Preliminary Approval of Proposed Class Settlement (Rec. Doc. 25226) for the manufacturer settlement.
May 18, 2012 Show Cause Order - Rec. Doc. 25622
Requiring any party opposing entry of order transferring referenced cases to show cause in writing by May 23, 2012, and requiring parties designate record and file joint proposed Final Pretrial Order by May 30, 2012.
May 17, 2012 Trial Scheduling Order - Rec. Doc. 25619
Setting pre-trial deadlines and setting Final Pretrial Conference for April 18, 2013, 9:00 AM, and Jury Trial for April 29, 2013, 8:30 AM, in 12-548 -- Ann M. Terrell v. Gulf Stream Coach, Inc.
May 17, 2012 Order - Rec. Doc. 25618
Requiring plaintiffs in referenced cases to achieve service and/or obtain appearance by defendants in referenced cases within 15 days.
May 17, 2012 Show Cause Order - Rec. Doc. 25617
Requiring plaintiffs in referenced cases to show cause in writing by May 30, 2012, why referenced cases should not be dismissed for failure to comply with matching requirements of PTO No. 49.
May 16, 2012 Order and Reasons - Rec. Doc. 25612
Denying three Motions to Dismiss for Failure to Comply with Pre-Trial Order No. 2 and 32 Relating to Plaintiff Fact Sheets (Rec. Docs. 25379, 25445, 25449), filed by Defendant Forest River, Inc.
May 15, 2012 Show Cause Order - Rec. Doc. 25606
Requiring any party opposing entry of attached Suggestion of Remand with MDL Panel to show cause in writing by May 30, 2012, and requiring parties designate record on remand and file joint proposed Final Pretrial Order by May 30, 2012.
May 11, 2012 Order and Reasons - Rec. Doc. 25583
Denying twenty-two Motions to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, (Rec. Docs. 25130 , 25131 , 25132 , 25135 , 25141 , 25144 , 25146 , 25154 , 25174 , 25232 , 25233 , 25234 , 25235 , 25236 , 25237 , 25238 , 25239 , 25240 , 25241 , 25243 , 25244 , 25245), filed by Defendant Gulf Stream Coach, Inc.
May 11, 2012 Order and Reasons - Rec. Doc. 25579
Granting Motion for Leave to File Second Amended Complaint, filed by Plaintiffs.
May 11, 2012 Order and Reasons - Rec. Doc. 25578
Denying Motion to Dismiss for Failure to Comply with Pre-Trial Order No. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Forest River, Inc.
May 11, 2012 Dismissal Orders Rec. Docs. 25566, 25568, 25569, 25570, 25571, 25572, 25573, 25574, & 25575
Canceling jury trials in Cases 09-8609, 09-8613, 09-3909, 09-5391, 09-6375, 09-7568, 09-8618, 10-2238, 10-2260.
May 11, 2012 Trial Scheduling Order - Rec. Doc. 25567
Setting pre-trial deadlines and setting Final Pretrial Conference for February 7, 2013, 11:15 AM, and Jury Trial for February 25, 2013, 8:30 AM, in 09-8613, Etta Varnado, et al vs Starcraft RV, Inc., et al.
May 11, 2012 Trial Scheduling Order - Rec. Doc. 25565
Setting pre-trial deadlines and setting Final Pretrial Conference for December 20, 2012, 10:00 AM, and Jury Trial for January 7, 8:30 AM, in 09-8609 - Craig King, et al vs Starcraft RV, Inc., et al.
May 11, 2012 Trial Scheduling Order - Rec. Doc. 25563
Setting pre-trial deadlines and setting Final Pretrial Conference for March 14, 2012, 9:30 AM, and Jury Trial for March 25, 2013, 8:30 AM, in 09-8534 - Phillip Gioiello, et al vs Vanguard Industries, et al.
May 4, 2012 Order - Rec. Doc. 25507
Adopting Special Master's Rulings and Recommendations on the Objections and Appeals regarding Manufactured Housing Settlement.
May 4, 2012 Order and Reasons - Rec. Doc. 25505
Denying without prejudice plaintiffs’ Motions to Sever Claims and in the Alternative to Transfer or Remand (Rec. Docs. 25294 , 25295 , 25296 , 25298 , and 25301); and granting in part and denying in part plaintiffs’ Motions to Sever Claims and in the Alternative to Transfer or Remand (Rec. Docs. 25292, 25293 , 25300 , and 25303).
May 4, 2012 Order and Reasons - Rec. Doc. 25496
Granting Motion for Leave to Amend Complaint to Add Gulf Stream and to Dismiss Keystone (Rec. Doc. 23498), and Motion to Sever Claims of Brenda Sharett, Sandra Brooks, and Sharett Brooks (Rec. Doc. 24066).
May 4, 2012 Order and Reasons - Rec. Doc. 25495
Dismissing certain cases for failure to achieve service and/or obtain appearance by defendant as ordered in Rec. Docs. 24550, 24551, 24554, 24555, 24587, and requiring to achieve service and/or obtain appearance by defendants as set forth.
May 4, 2012 Order and Reasons - Rec. Doc. 25494
Denying without prejudice the Motion for Entry of Default Judgment, filed by plaintiffs.
May 4, 2012 Order and Reasons - Rec. Doc. 25492
Denying twelve Motions to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, (Rec. Docs. 25129 , 25133 , 25134 , 25136 , 25137 , 25138 , 25139 , 25140 , 25242 , 25143 , 25145 , 25190), filed by Defendant Gulf Stream Coach, Inc.
May 4, 2012 Trial Scheduling Order - Rec. Doc. 25489
Setting pre-trial deadlines and setting Final Pretrial Conference for March 7, 2013, 10:00 AM, and Jury Trial for March 18, 2013, 8:30 AM, in 09-7568 - Donald Tanks vs Jayco, Inc., et al.
May 4, 2012 Trial Scheduling Order - Rec. Doc. 25488
Setting pre-trial deadlines and setting Final Pretrial Conference for February 21, 2013, 10:00 AM, and Jury Trial for March 4, 2013, 8:30 AM, in 09-6375 - Tracy L. Simmons, Sr., et al vs Jayco, Inc., et al.
May 4, 2012 Trial Scheduling Order - Rec. Doc. 25487
Setting pre-trial deadlines and setting Final Pretrial Conference for February 21, 2013, 9:30 AM, and Jury Trial for March 4, 2013, 8:30 AM, in 09-5391 - Latoya Bienemy, et al vs Jayco, Inc., et al.
May 3, 2012 Trial Scheduling Order - Rec. Doc. 25478
Setting pre-trial deadlines and setting Final Pretrial Conference for January 17, 2013, 11:15 AM, and Jury Trial for January 28, 2013, 8:30 AM, in 09-7970 - Jayne Phillpott, et al vs Forest River, Inc., et al.
May 3, 2012 Trial Scheduling Order - Rec. Doc. 25477
Setting pre-trial deadlines and setting Final Pretrial Conference for January 3, 2013, 11:15 AM, and Jury Trial for January 14, 2013, 8:30 AM, in 09-5298- George Ponthieux, et al vs Forest River, Inc., et al.
May 3, 2012 Trial Scheduling Order - Rec. Doc. 25476
Setting pre-trial deadlines and setting Final Pretrial Conference for March 28, 2013, 9:00 AM, and Jury Trial for April 8, 2013, 8:30 AM, in 09-4820, Anna Babineaux, et al vs Forest River, Inc., et al.
May 3, 2012 Trial Scheduling Order - Rec. Doc. 25475
Setting pre-trial deadlines and setting Final Pretrial Conference for February 28, 2013, 10:00 AM, and Jury Trial for March 11, 2013, 8:30 AM, in 09-4449 - Dolores Joseph vs Forest River, Inc., et al.
April 26, 2012 Order - Rec. Doc. 25422
Severing for purposes of trial and scheduling trial dates in Case No. 12-548, Ann M. Terrell v. Gulf Stream Coach, Inc., et al.
April 26, 2012 Order and Reasons - Rec. Doc. 25421
Denying the Motion to Remand filed by plaintiff Ann M. Terrell.
April 25, 2012 Trial Scheduling Order - Rec. Doc. 25406
Setting pre-trial deadlines and setting Final Pretrial Conference for March 14, 2013, 9:00 AM, and Jury Trial for March 25, 2013, 8:30 AM, in 09-2949 - Verna Major vs Gulf Stream Coach, et al.
April 25, 2012 Trial Scheduling Order - Rec. Doc. 25404
Setting pre-trial deadlines and setting Final Pretrial Conference for January 17, 2013, 10:30 AM, and Jury Trial for January 28, 2013, 8:30 AM, in 09-2944 Stephanie Pizani vs Gulf Stream Coach, et al.
April 25, 2012 Trial Scheduling Order - Rec. Doc. 25403
Setting pre-trial deadlines and setting Final Pretrial Conference for February 7, 2013, 9:00 AM, and Jury Trial for February 25, 2013, 8:30 AM, 8:30 AM, in 09-2916 - Hattie Wagner vs Gulf Stream Coach, et al.
April 25, 2012 Trial Scheduling Order - Rec. Doc. 25402
Setting pre-trial deadlines and setting Final Pretrial Conference for March 7, 2013, 9:00 AM, and Jury Trial for March 18, 2013, 8:30 AM, in 09-2889 - Carolyn Doiron, et al vs Gulf Stream Coach, et al.
April 25, 2012 Trial Scheduling Order - Rec. Doc. 25401
Setting pre-trial deadlines and setting Final Pretrial Conference for February 7, 2013, 9:15 AM, and Jury Trial for February 25, 2013, 8:30 AM, in 08-4161 - Trang Dang, et al vs Gulf Stream Coach, et al.
April 25, 2012 Trial Scheduling Order – Rec. Doc. 25399
Setting pre-trial deadlines and setting Final Pretrial Conference for February 28, 2013, 9:00 AM, and Jury Trial for March 11, 2013, 8:30 AM, in 08-1094 - Henry Gaurtreaux, et al vs Gulf Stream Coach, Inc.
April 18, 2012 Order and Reasons - Rec. Doc. 25331
Denying the Motion for Leave to File Amended Complaint, filed by plaintiffs Dorothy Butler, et al, (Rec. Doc. 24017), and the Motion for Leave to File Second Amended Complaint filed by plaintiffs Doris Tolliver, et al (Rec. Doc. 25016).
April 18, 2012 Order and Reasons - Rec. Doc. 25329
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Order No.32 Relating to Plaintiff Fact Sheets, as to plaintiff Jerry Womack, filed by Defendant Morgan Buildings and Spas, Inc.
April 18, 2012 Order and Reasons - Rec. Doc. 25328
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, as to plaintiffs Delinda Adams and Jamie R. Alexander, filed by Defendant Gulf Stream Coach, Inc.
April 18, 2012 Order and Reasons - Rec. Doc. 25327
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, as to plaintiffs, filed by Defendant Gulf Stream Coach, Inc.
April 11, 2012 Order of Dismissal - Rec. Doc. 25195
Dismissing case and canceling jury trial in Swanica Nero v. Pilgrim International, Inc., et al, Civil Action No. 09-4730.
April 11, 2012 Order and Reasons - Rec. Doc. 25194
Denying the Motion o Remand to State Court filed by Plaintiffs in Member Case No. 10-4120.
April 11, 2012 Order - Rec. Doc. 25193
Extending deadline for filing Joint Motion for Preliminary Approval of Class Settlement to April 13, 2012.
April 11, 2012 Order of Dismissal - Rec. Doc. 25192
Dismissing case and canceling jury trial in Kasinda Brumfield v. Pilgrim International, Inc., et al, Civil Action No. 10-2248.
April 11, 2012 Order of Dismissal - Rec. Doc. 25191
Dismissing case and canceling jury trial in Darrius Hill, et al v. Forest River, Inc., Civil Action No. 10-4663.
April 11, 2012 Judgment - Rec. Doc. 25175
Pursuant to Rule 54(b) in favor of the United States, dismissing the claims of the Louisiana plaintiffs against the United States.
March 26, 2012 Order of Dismissal - Rec. Doc. 24970
Dismissing case and canceling jury trial in Beverly Jones, et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-8602.
March 26, 2012 Order of Dismissal - Rec. Doc. 24969
Dismissing case and canceling jury trial in Antoine Turner, et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-8382.
March 26, 2012 Order of Dismissal - Rec. Doc. 24968
Dismissing case and canceling jury trial in Shelly Amos, et al v. Sunline Coach Company, et al, Civil Action No. 09-7124.
March 26, 2012 Order of Dismissal - Rec. Doc. 24967
Dismissing case and canceling jury trial in Burt Sutton, et al v. Sunline Acquisition Company Ltd., et al, Civil Action No. 09-4950.
March 26, 2012 Order - Rec. Doc. 24965
Severing for purposes of trial member cases 08-1094, 08-4161, 09-2889, 09-2916, 09-2944, 09-2949, 09-4449, 09-4820, 09-5298, 09-5391, 09-6375, 09-7568, 09-7970, 09-8534, 09-8609, 09-8613.
March 23, 2012 Order and Reasons - Rec. Doc. 24961
Granting the Motion o Dismiss for Lack of Jurisdiction the Remaining FTCA Claims of All Louisiana Plaintiffs or, in the Alternative MOTION for Summary Judgment, filed by United States of America.
March 22, 2012 Pretrial Order No. 97 - Rec. Doc. 24924
Setting a Status Conference with liaison counsel and committee members for May 18, 2012 at 9:15 A.M., and a General Status Conference (open to all counsel) set for May 18, 2012 at 10:00 A.M.
March 22, 2012 Order - Rec. Doc. 24921
Requiring that by March 29, 2012 each Settling Defendant shall complete its Settlement Agreement and inform Settlement Co-Liaison Counsel whether it will implement settlement through class procedure, and extending deadline for filing Joint Motion for Preliminary Approval of Class Settlement to April 9, 2012.
March 22, 2012 Order - Rec. Doc. 24920
Requiring that responsive pleadings shall be filed within fifteen (15) days in member cases that have been set for trial: 09-6070, 09-2921, 10-2438, 10-2238, 10-2260, 09-4727, 09-8618, 09-8630, 10-1258, 09-3909, 10-196.
March 21, 2012 Order and Reasons - Rec. Doc. 24903
Granting Forest River's Motion for Reconsideration of Orders [24301] [24303] previously granting Motions for Leave to Amend Complaints to Add Plaintiffs, and setting motions to amend [24016] [24017] for submission without oral argument on April 18, 2012.
March 20, 2012 Judgment of U.S. Court of Appeals for the Fifth Circuit - Rec. Doc. 24884
Affirming the judgment of the District Court, dismissing the claims of Mississippi and Alabama plaintiffs.
March 16, 2012 Trial Scheduling Order - Rec. Doc. 24883
Setting pre-trial deadlines and setting Final Pretrial Conference for September 5, 2012, 11:30 AM, and Jury Trial for Tuesday, October 9, 2012, 8:30 AM, in Johnnie Helmsetter, et al v. Forest River, Inc., et al, 09-8630.
March 16, 2012 Trial Scheduling Order - Rec. Doc. 24882
Setting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 8:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Valerie Cooper, et al v. Forest River, Inc., et al, 09-2921.
March 16, 2012 Order - Rec. Doc. 24881
Severing for purposes of trial and scheduling trial dates in member cases 09-2921 and 09-8630.
March 16, 2012 Trial Scheduling Order - Rec. Doc. 24880
Setting pre-trial deadlines and setting Final Pretrial Conference for August 2, 2012, 10:30 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Christina Bean, et al v. Gulf Stream Coach, Inc., 09-6070.
March 16, 2012 Trial Scheduling Order - Rec. Doc. 24879
Setting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 9:30 AM, and Jury Trial for July 23, 2012, 8:30 AM, in James Wallace, III, et al v. Gulf Stream Coach, Inc., 10-2438.
March 16, 2012 Order - Rec. Doc. 24878
Severing for purposes of trial and scheduling trial dates in member cases 09-6070 and 10-2438.
March 15, 2012 Pretrial Order No. 96 - Rec. Doc. 24856
Appointing Defendants’ Settlement Co-Liaison Counsel and setting deadlines for implementation of settlements and for filing motions to sever plaintiffs in mixed venue cases.
March 14, 2012 Order - Rec. Doc. 24854
Granting Motion for Extension of Deadlines to Respond to Orders Regarding Service, only to the extent that Plaintiffs are allowed until Thursday, April 5, 2012 to respond.
March 8, 2012 Order and Reasons - Rec. Doc. 24815
Granting motion for reconsideration of order dismissing plaintiff James Burge and ordering any party opposed to remand of James Burge’s claims to show cause in writing on or before March 14, 2012.
March 8, 2012 Order - Rec. Doc. 24814
Extending an additional 30 days within which to furnish opposing counsel with any Plaintiff Fact Sheets that are received, pursuant to Pretrial Order No. 94.
March 7, 2012 Order and Reasons - Rec. Doc. 24813
Granting motion to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, filed by defendants Jayco Enterprises, Inc. and Shaw Environmental, Inc.
March 7, 2012 Order and Reasons - Rec. Doc. 24812
Granting motion to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, filed by defendants Jayco Enterprises, Inc., CH2M Hill Constructors, Inc., Fluor Enterprises, Inc., and Shaw Environmental, Inc.
March 7, 2012 Judgment - Rec. Doc. 24809
Dismissing the remaining Alabama plaintiffs’ claims against the United States.
March 7, 2012 Judgment - Rec. Doc. 24808
Dismissing the remaining Mississippi plaintiffs’ claims against the United States.
March 7, 2012 Order and Reasons - Rec. Doc. 24807
Granting [1] Motion for Entry of Rule 54(b) Judgment Dismissing Mississippi Plaintiffs' Claims Against the United States, [2] Motion for Entry of Rule 54(b) Judgment Dismissing Alabama Plaintiffs' Claims Against the United States, [3] Rule 12(b)(1) and 12(h) Motion to Dismiss Alabama Plaintiffs' Claims Against the United States for Lack of Subject Matter Jurisdiction, and [4] Rule 12(b)(1) and 12(h) Motion to Dismiss Mississippi Plaintiffs' Claims Against the United States for Lack of Subject Matter Jurisdiction.
March 6, 2012 Order and Reasons - Rec. Doc. 24739
Continuing Order to Show Cause to September 5, 2012.
February 27, 2012 Order and Reasons - Rec. Doc. 24633
Denying Motion to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32 relating to plaintiff fact sheets, filed by defendants Jayco, Inc. and CH2M Hill Constructors, Inc.
February 27, 2012 Order and Reasons - Rec. Doc. 24632
Granting Motion to Dismiss for Failure to Comply with Pretrial Orders Relating to Plaintiff Fact Sheets, filed by defendant Layton Homes Corp.
February 24, 2012 Order and Reasons - Rec. Doc. 24628
Granting Motion to Dismiss for Failure to Comply with Pretrial Orders Relating to Plaintiff Fact Sheets, filed by defendant Layton Homes Corp.
February 24, 2012 Order - Rec. Doc. 24625
Bifurcating for trial the claims of certain plaintiffs in 10-2248, without prejudice to defendants’ right to challenge venue.
February 23, 2012 Order and Reasons - Rec. Doc. 24606
Denying Motions to Remand filed by plaintiffs in 10-4118, 10-4119, 10-4125, 10-4126, 10-4127, 10-4128, 10-4130.
February 22, 2012 Order - Rec. Doc. 24587
Requiring plaintiffs to show cause regarding service issues.
February 22, 2012 Order and Reasons - Rec. Doc. 24583
Granting Motion to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32 relating to plaintiff fact sheets, filed by defendants Jayco, Inc., Jayco Enterprises, Inc., and Bechtel National, Inc.
February 15, 2012 Orders - Rec. Docs. 24551 & 24554
Requiring plaintiffs to obtain responsive pleading or preliminary default.
February 15, 2012 Orders - Rec. Docs. 24550 & 24555
Requiring plaintiffs to show cause regarding service issues.
February 14, 2012 Order of Dismissal - Rec. Doc. 24535
Dismissing case and canceling jury trial in Barbara Bernard, et al v. Layton Homes Corp. Civil Action No. 10-2262.
February 14, 2012 Order of Dismissal - Rec. Doc. 24534
Dismissing case and canceling jury trial in Fenwick Hunter, et al v. Skyline Corporation, Civil Action No. 10-2258.
February 14, 2012 Order of Dismissal - Rec. Doc. 24533
Dismissing case and canceling jury trial in Dianne Griffin v. Skyline Corporation, et al, Civil Action No. 09-8487.
February 14, 2012 Order of Dismissal - Rec. Doc. 24532
Dismissing case and canceling jury trial in Joyce Sylva, et al v. Skyline Corporation, Civil Action No. 09-5648.
February 14, 2012 Order of Dismissal - Rec. Doc. 24531
Dismissing case and canceling jury trial in Dominick Goodman, et al, v. Layton Homes Corp., Civil Action No. 09-4901.
February 14, 2012 Trial Scheduling Order - Rec. Doc. 24527
Setting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 10:00 AM, and Jury Trial for July 23, 2012, 8:30 AM, in Beverly Jones, et al v. Sunline Acquisition Company Ltd., No.09-8602.
February 14, 2012 Trial Scheduling Order - Rec. Doc. 24526
Setting pre-trial deadlines and setting Final Pretrial Conference for May 31, 2012, 11:00 AM, and Jury Trial for June 18, 2012, 8:30 AM, in Burt Sutton, et al v. Sunline Acquisition Company Ltd., No.09-4950.
February 14, 2012 Order - Rec. Doc. 24525
Severing for purposes of trial and scheduling trial date in member cases 09-4950 and 09-8602.
February 13, 2012 Trial Scheduling Order - Rec. Doc. 24516
Setting pre-trial deadlines and setting Final Pretrial Conference for August 2, 2012, 11:00 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Swanica Nero, et al v. Pilgrim International, Inc., et al, No. 09-4730.
February 13, 2012 Order - Rec. Doc. 24515
Severing for purposes of trial and scheduling trial date in member cases 09-4730.
February 13, 2012 Trial Scheduling Order - Rec. Doc. 24514
Setting pre-trial deadlines and setting Final Pretrial Conference for October 4, 2012, 8:30 AM, and Jury Trial for October 15, 2012, 8:30 AM, in George Jones, et al v. Monaco Coach Corporation, No. 10-1258.
February 13, 2012 Trial Scheduling Order - Rec. Doc. 24513
Setting pre-trial deadlines and setting Final Pretrial Conference for August 16, 2012, 10:30 AM, and Jury Trial for September 4, 2012, 8:30 AM, in Earl Ralleigh, et al v. Monaco Coach Corporation, No.09-4727.
February 13, 2012 Order - Rec. Doc. 24511
Severing for purposes of trial and scheduling trial date in member cases 09-4727 and 10-1258.
February 13, 2012 Order and Reasons - Rec. Doc. 24507
Granting Motion for Reconsideration filed by plaintiff Inoka Salter on behalf of Caitlyn McDavell.
February 9, 2012 Orders - Rec. Docs. 24498 & 24499
Bifurcating for trial the claims of certain plaintiffs in 10-2238 and 10-2260.
February 9, 2012 Order and Reasons - Rec. Doc. 24486
Granting Motion to Sever Claims and to Join Existing Action, filed by plaintiffs.
February 8, 2012 Order and Reasons - Rec. Doc. 24482
Denying as moot Motion for Summary Judgment, and Alternative Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp., and dismissing certain plaintiffs.
February 8, 2012 Order and Reasons - Rec. Doc. 24481
Granting Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Skyline Corporation.
February 8, 2012 Order and Reasons - Rec. Doc. 24479
Granting Motion for Summary Judgment, and Alternative Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp.
February 8, 2012 Order and Reasons - Rec. Doc. 24478
Granting Motion to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, filed by Defendant Layton Homes Corp.
February 8, 2012 Orders and Reasons - Rec. Docs. 24474, 24475, 24476, and 24477.
Granting Motion to Dismiss Certain Plaintiffs, filed by defendant Gulf Stream Coach, Inc.
February 6, 2012 Trial Scheduling Order - Rec. Doc. 24426
Setting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 10:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Antoine Turner, et al v. Sunline Acquisition Company, Ltd., et al, No. 09-8382.
February 6, 2012 Trial Scheduling Order - Rec. Doc. 24425
Setting pre-trial deadlines and setting Final Pretrial Conference for September 6, 2012, 8:30 AM, and Jury Trial for October 9, 2012, 8:30 AM, in Shelly Amos, et al v. Sunline Acquisition Company, Ltd., et al, No. 09-7124.
February 6, 2012 Order - Rec. Doc. 24424
Severing for purposes of trial and scheduling trial date in member cases 09-7124 and 09-8382.
February 3, 2012 Trial Scheduling Order and Reasons - Rec. Doc. 24396
Granting various Motions for Leave to File Amended Complaints, filed by plaintiffs.
February 3, 2012 Pretrial Order No. 95 - Rec. Doc - 24395
Setting a Status Conference for 3/22/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 3/22/2012 10:00 AM, open to all counsel.
February 3, 2012 Amended Trial Scheduling Order - Rec. Doc. 24390
Re-setting pre-trial deadlines in Charles Burns, et al v. Jayco, Inc., No. 10-2238.
February 3, 2012 Order - Rec. Doc. 24389
Continuing jury trial, previously set for July 30, 2012, to August 20, 2012, and pre-trial conference, previously set for July 12, 2012, to August 9, 10:00 a.m., in Charles Burns, et al v. Jayco, Inc., No. 10-2238.
February 3, 2012 Trial Scheduling Order - Rec. Doc. 24379
Setting pre-trial deadlines and setting Final Pretrial Conference for June 14, 2012, 9:30 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Kasinda Brumfield, et al v. Pilgrim International, Inc., et al, No. 10-2248.
February 3, 2012 Order - Rec. Doc. 24378
Severing for purposes of trial and scheduling trial date in member case 10-2248.
February 3, 2012 Order of Dismissal - Rec. Doc.24377
Dismissing case against Sunnybrook RV, Inc., and canceling jury trial in Civil Action No. 10-2293.
February 3, 2012 Order of Dismissal - Rec. Doc. 24375
Dismissing case against Heartland Recreational Vehicles, LLC, and canceling jury trial in Civil Action No. 10-2291.
February 3, 2012 Order of Dismissal - Rec. Doc. 24374
Dismissing case against Heartland Recreational Vehicles, LLC, and canceling jury trial in Civil Action No. 09-5929.
February 2, 2012 Order and Reasons - Rec. Doc. 24370
Denying Motions for Leave to File Amended Complaints, filed by plaintiffs.
February 2, 2012 Order and Reasons - Rec. Doc. 24369
Denying Motions for Leave to File Amended Complaints, filed by plaintiffs.
February 2, 2012 Order and Reasons - Rec. Doc. 24368
Denying Motion for Reconsideration, filed by plaintiffs.
February 2, 2012 Order and Reasons - Rec. Doc. 24367
Denying Motions for Leave to File Amended Complaints, filed by plaintiffs.
January 30, 2012 Trial Scheduling Order - Rec. Doc. 24343
Setting pre-trial deadlines and setting Final Pretrial Conference for August 9, 2012, 10:00 AM, and Jury Trial for August 20, 2012, 8:30 AM, in Tuan Nguyen v. Heartland Recreational Vehicles, LLC, No. 10-2291.
January 30, 2012 Trial Scheduling Order - Rec. Doc. 24342
Setting pre-trial deadlines and setting Final Pretrial Conference for June 14, 2012, 9:00 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Isreal Brown v. Heartland Recreational Vehicles, LLC, No. 09-5929.
January 30, 2012 Order - Rec. Doc. 24341
Severing for purposes of trial and scheduling trial dates in member cases 09-5929 and 10-2291.
January 27, 2012 Order - Rec. Doc. 24337
Granting a Motion to Sever the claims of the plaintiffs in member case 09-8487 against Flour Enterprises, Inc. from the claims of those same plaintiffs against Skyline Corporation.
January 27, 2012 Order - Rec. Doc. 24336
Granting a Motion to Sever the claims of the plaintiffs in member case 09-8618 against Flour Enterprises, Inc. from the claims of those same plaintiffs against Jayco Enterprises, Inc.
January 26, 2012 Order - Rec. Doc. 24324
By the United States Court of Appeals granting without prejudice the appellants’ motion to dismiss the appeal in Earline Castanel v. Recreation By Design, LLC, Action No. 09-3251.
January 26, 2012 Order and Reasons - Rec. Doc. 24333
Granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 26, 2012 Order and Reasons - Rec. Doc. 24321
Denying Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets, filed by Defendants Morgan Building & Spas, Inc. and Morgan Building Systems, Inc.
January 26, 2012 Order and Reasons - Rec. Doc. 24320
Denying Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets, filed by Defendant Morgan Building Systems, Inc.
January 26, 2012 Order and Reasons - Rec. Doc. 24319
Denying Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets, filed by Defendants Morgan Building & Spas, Inc. and Morgan Building Systems, Inc.
January 25, 2012 Order and Reasons - Rec. Doc. 24303
Granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 25, 2012 Order and Reasons - Rec. Doc. 24301
Granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 25, 2012 Order and Reasons - Rec. Doc. 24299
Granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 25, 2012 Order and Reasons - Rec. Doc. 24288
Granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 25, 2012 Order and Reasons - Rec. Doc. 24283
Granting Motion for Leave to File Amended Complaint filed by Plaintiffs.
January 25, 2012 Order and Reasons - Rec. Doc. 24280
Granting in part and denying in part a Motion to Dismiss For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
January 25, 2012 Order and Reasons - Rec. Doc. 24279
Denying Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order No. 32, filed by defendant Morgan Buildings & Spas, Inc.
January 25, 2012 Order and Reasons - Rec. Doc. 24278
Granting Motion for Summary Judgment, filed by Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
January 25, 2012 Order and Reasons - Rec. Doc. 24277
Granting Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88, filed by defendant Recreation by Design, LLC.
January 25, 2012 Order and Reasons - Rec. Doc. 24276
Granting Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88, filed by defendant Recreation by Design, LLC.
January 25, 2012 Order and Reasons - Rec. Doc. 24275
Granting Motion for Summary Judgment and Alternative Motion to Dismiss with Prejudice for Failure to Comply with Pretrial Order No. 32 Relating to Plaintiff Fact Sheets, filed by Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
January 25, 2012 Order and Reasons - Rec. Doc. 24274
Granting Motion for Summary Judgment filed by Liberty Mutual Insurance Company.
January 23, 2012 Trial Scheduling Order - Rec. Doc. 24232
Setting pre-trial deadlines and setting Final Pretrial Conference for June 14, 2012, 9:30 AM, and Jury Trial for June 25, 2012, 8:30 AM, in Scott Ihli, et al v. Sunnybrook RV, Inc., No.10-2293.
January 23, 2012 Order - Rec. Doc. 24231
Severing for purposes of trial and scheduling trial dates in member case 10-2293.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24226
Setting pre-trial deadlines and setting Final Pretrial Conference for November 8, 2012, 9:30 AM, and Jury Trial for November 26, 2012, 8:30 AM, in Michelle Abram, et al v. Gulf Stream Coach, Inc., No.10-196.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24225
Setting pre-trial deadlines and setting Final Pretrial Conference for May 31, 2012, 10:30 AM, and Jury Trial for June 11, 2012, 8:30 AM, in Darrius Hill, et al v. Forest River, Inc., No. 10-4663.
January 20, 2012 Order - Rec. Doc. 24223
Severing for purposes of trial and scheduling trial dates in member cases10-196 and 10-4663.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24220
Setting pre-trial deadlines and setting Final Pretrial Conference for June 7, 2012, 9:00 AM, and Jury Trial for June 18, 2012, 8:30 AM, in Barbara Bernard, et al v. Layton Homes Corp., 10-2262.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24219
Setting pre-trial deadlines and setting Final Pretrial Conference for August 16, 2012, 9:30 AM, and Jury Trial for September 4, 2012, 8:30 AM, in Fenwick Hunter, et al v. Skyline Corporation, 10-2258.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24218
Setting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 8:30 AM, and Jury Trial for July 23, 2012, 8:30 AM, in Dianne Griffin v. Skyline Corporation, et al, 09-8487.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24217
Setting pre-trial deadlines and setting Final Pretrial Conference for September 27, 2012, 9:00 AM, and Jury Trial for October 15, 2012, 8:30 AM, in Joyce Sylva, et al v. Skyline Corporation, 09-5648.
January 20, 2012 Trial Scheduling Order - Rec. Doc. 24216
Setting pre-trial deadlines and setting Final Pretrial Conference for August 2, 2012 10:30 AM, and Jury Trial for August 13, 2012, 8:30 AM, in Dominick Goodman, et al, v. Layton Homes Corp., 09-4901.
January 19, 2012 Order - Rec. Doc. 24212
Requiring that filings in member cases 10-2238, 10-2260, 09-8618 and 09-3909 be served on counsel in the member case, as well as liaison counsel.
January 19, 2012 Order - Rec. Doc. 24211
Severing for purposes of trial and scheduling trial dates in member cases 10-2262, 09-8487, 09-4901, 10-2258 and 09-5648.
January 18, 2012 Trial Scheduling Order - Rec. Doc. 24200
Setting pre-trial deadlines and setting Final Pretrial Conference for August 9, 2012 10:30 AM, and Jury Trial for August 27, 2012, 8:30 AM, in Charles Burns, et al v. Jayco, Inc., 0-2238.
January 18, 2012 Trial Scheduling Order - Rec. Doc. 24199
Setting pre-trial deadlines and setting Final Pretrial Conference for July 12, 2012, 10:30 AM, and Jury Trial for July 30, 2012, 8:30 AM, in Charles Burns, et al v. Jayco, Inc., 0-2238.
January 18, 2012 Trial Scheduling Order - Rec. Doc. 24198
Setting pre-trial deadlines and setting Final Pretrial Conference for September 6, 2012, 8:00 AM, and Jury Trial for September 24, 2012, 8:30 AM, in Monique Cambrice, et al, v. Jayco Enterprises Inc., et al, 09-8618.
January 18, 2012 Trial Scheduling Order - Rec. Doc. 24197
Setting pre-trial deadlines and setting Final Pretrial Conference for October 4, 2012, 9:00 AM, and Jury Trial for October 22, 2012, 8:30 AM, in Joseph Quezergue, et al v. Jayco, Inc., 09-3909.
January 18, 2012 Order and Reasons - Rec. Doc. 24196
Granting Fluor Enterprises, Inc.'s Motion for Partial Judgment on the Pleadings and to Dismiss Negligent Failure to Warn Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaint, and granting in part and denying in part CH2M Hill Constructors, Inc.'s and Shaw Environmental, Inc.'s Joint Rule12 (b)(6) Motion to Dismiss Failure to Warn Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints.
January 17, 2012 Order - Rec. Doc. 24164
Severing for purposes of trial and scheduling trial dates in member cases 10-2238, 10-2260, 09-8618, and 09-3909.
January 13, 2012 Order - Rec. Doc. 24135
Approving and adopting the Special Master's Recommendations on Methodology and Allocations and Supplemental Rulings and Recommendations, relating to the Manufactured Housing Settlement.
January 13, 2012 Order and Reasons - Rec. Doc. 24134
Granting the Motion for Court Approval and Adoption of Special Master's Recommendations on Methodology and Allocations relating to the Manufactured Housing Settlement, filed by the Special Master.
January 11, 2012 Order and Reasons - Rec. Doc. 24119
Granting in part and denying in part the Motion for Summary Judgment and Motion to Dismiss with Prejudice for Failure to Comply with Pre-Trial Order No. 32 Relating to Plaintiff Fact Sheets, filed by defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24115
Granting the Motion to Dismiss the Duplicative Claims of Plaintiff Clayton Clark filed by Defendant Jayco Enterprises, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24114
Granting the Motion to Dismiss the Duplicative Claims of Plaintiff Leslie Newman filed by Defendant Jayco Enterprises, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24113
Granting the Motion to Dismiss the Duplicative Claims of Plaintiff Betty Vanderpool filed by Defendant Jayco Enterprises, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24112
Granting the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial Order No. 32 Relating to Plaintiff Fact Sheets, filed by defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24111
Granting the Motion for Summary Judgment filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24110
Granting the Motion for Summary Judgment filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24108
Granting the Motion for Leave to File Third Amended Complaint, filed by plaintiffs.
January 11, 2012 Order and Reasons - Rec. Doc. 24107
Granting the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial Orders Nos. 2 and 32 Relating to the Production of Plaintiff Fact Sheets, filed by defendants Starcraft RV, Inc., Bechtel National, Inc., and CH2M Hill Constructors, Inc.
January 11, 2012 Order and Reasons - Rec. Doc. 24106
Granting the Motion to Dismiss for Failure to Comply with the Terms of the Court's Pre-Trial Orders Nos. 2 and 32 Relating to the Production of Plaintiff Fact Sheets, filed by defendants Jayco, Inc. and Fluor Enterprises, Inc.
January 6, 2012, Pretrial Order No. 94 - Rec. Doc. 24065
Requiring that each plaintiff named in an action which has been filed and/or transferred to the MDL proceedings after September 2, 2011, shall comply with the requirements of Pre-Trial Nos. 2 and 32 (serving Plaintiff Fact Sheets) and the requirements of PTO 88 (providing answers in digital format for the twenty-three key questions) by February 6, 2012.
January 5, 2012 Order and Reasons - Rec. Doc. 24060
Denying the Motion for Reconsideration and in the Alternative Motion for New Trial, filed by plaintiff Ora Brock, individually and on behalf of Lionel Brock.
January 5, 2012, Pretrial Order No. 93 - Rec. Doc. 24059
Setting a Status Conference for 2/3/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 2/3/2012 10:00 AM, open to all counsel.
January 3, 2012 Order and Reasons - Rec. Doc. 24050
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Liberty Mutual Insurance Company.
January 3, 2012 Order and Reasons - Rec. Doc. 24049
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Liberty Mutual Insurance Company.
January 3, 2012 Order and Reasons - Rec. Doc. 24048
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
January 3, 2012 Order and Reasons - Rec. Doc. 24047
Granting in part and denying in part the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
January 3, 2012 Order and Reasons - Rec. Doc. 24046
Granting in part and denying in part the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
January 3, 2012 Order and Reasons - Rec. Doc. 24045
Denying the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
January 3, 2012 Order and Reasons - Rec. Doc. 24044
Granting in part and denying in part the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Recreation by Design, LLC.
December 30, 2011 Order and Reasons - Rec. Doc. 24035
Granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
December 30, 2011 Order and Reasons - Rec. Doc. 24034
Granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
December 30, 2011 Order and Reasons - Rec. Doc. 24033
Granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
December 30, 2011 Order and Reasons - Rec. Doc. 24032
Granting the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.
December 21, 2011 Order and Reasons - Rec. Doc. 23966
Granting the Motion for Relief from a Judgment or Order filed by plaintiff Javious Magee.
December 21, 2011 Order - Rec. Doc. 23958
Mandating that mediation shall be held as set forth in the document, and ordering that cases involving manufacturing defendants who do not mediate shall be recommended for remand to their originating jurisdictions or, if filed in this jurisdiction, set for trial in the summer of 2012.
December 15, 2011 Order and Reasons - Rec. Doc. 23916
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
December 15, 2011 Order and Reasons - Rec. Doc. 23915
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
December 14, 2011 Order and Reasons - Rec. Doc. 23887
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Jayco, Inc., Bechtel National, Inc., Fluor Enterprises, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23879
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Starcraft RV, Inc., Bechtel National, Inc. and Shaw Environmental, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23873
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23872
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23871
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Jayco, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23870
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Jayco, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23868
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Sunnybrook RV, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23865
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
December 14, 2011 Order and Reasons - Rec. Doc. 23861
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
December 14, 2011 Order and Reasons - Rec. Doc. 23859
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets and the Matching Requirements of Pre-Trial Orders No. 38, 49, and 68, by Defendant Forest River, Inc.
December 14, 2011 Order and Reasons - Rec. Doc. 23858
Denying as moot the Motion to Dismiss for Failure to Comply with Pre-Trial Orders Nos. 2 and 32 Relating to Plaintiff Fact Sheets, filed by Defendant Liberty Mutual Insurance Company.
December 7, 2011 Order and Reasons - Rec. Doc. 23807
Denying the Motion for New Trial and in the Alternative Motion for Relief from a Judgment or Order by Plaintiff Laura Domingo, and the Motion for New Trial and in the Alternative Motion for Relief from a Judgment or Order filed by Plaintiff Penny Saunders.
December 6, 2011 Order and Reasons - Rec. Doc. 23803
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
December 6, 2011 Order and Reasons - Rec. Doc. 23790
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
December 2, 2011 Order and Reasons - Rec. Doc. 23780
Granting in part and denying in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23779
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23778
Granting in part and denying in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23775
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23774
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23773
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23769
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23768
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Liberty Mutual Insurance Company.
December 2, 2011 Order and Reasons - Rec. Doc. 23767
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Bechtel National, Inc.
December 2, 2011 Order and Reasons - Rec. Doc. 23766
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Bechtel National, Inc.
November 30, 2011 Order and Reasons - Rec. Doc. 23723
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco RV, Inc. and Bechtel National, Inc.
November 30, 2011 Order and Reasons - Rec. Doc. 23700
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco RV, Inc. and Bechtel National, Inc.
November 30, 2011 Order and Reasons - Rec. Doc. 23699
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco, Inc., CH2M Hill Constructors, Inc., and Fluor Enterprises, Inc.
November 30, 2011 Order and Reasons - Rec. Doc. 23697
Granting the Motion for Leave to File Second Supplemental and Amended Complaint filed by Plaintiffs.
November 30, 2011 Order and Reasons - Rec. Doc. 23690
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Starcraft RV, Inc.
November 17, 2011 Consent Order - Rec. Doc. 23563
Granting in part and denying in part the Motion for Common Benefit Attorneys’ Fees and Expenses filed by the Etter law firm.
November 17, 2011 Order - Rec. Doc. 23564
Granting the Motion to Approve Deduction of Common Benefit Expenses from Manufactured Housing Class Settlement Fund filed by the Plaintiffs’ Steering Committee.
November 17, 2011 Final Judgment, Order and Reasons - Rec. Doc. 23565
Re: Stipulation of Settlement, and Motion for Approval of Proposed Class Settlement re: the Manufactured Housing Defendants.
November 17, 2011 Order and Reasons - Rec. Doc. 23558
Granting two Motions for Reconsideration of Court’s October 19, 2011 Ruling, filed by defendant Sentry Insurance A Mutual Company, and vacating previous Order and Reasons at 23235.
November 17, 2011, Pretrial Order No. 92 - Rec. Doc. 23566
Setting: (1) a Status Conference for 1/5/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 1/5/2012 10:00 AM, open to all counsel; and (2) a Status Conference for 2/3/2012 9:00 AM with liaison counsel and committee members and a General Status Conference set for 2/3/2012 10:00 AM, open to all counsel.
November 16, 2011 Order and Reasons - Rec. Doc. 23552
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Jayco, Inc., Bechtel National, Inc., and Fluor Enterprises, Inc.
November 16, 2011 Order and Reasons - Rec. Doc. 23551
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Vanguard Industries of Michigan, Inc.
November 16, 2011 Order and Reasons - Rec. Doc. 23550
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Starcraft RV, Inc. and Bechtel National, Inc.
November 16, 2011 Order and Reasons - Rec. Doc. 23549
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Jayco, Inc., Bechtel National, Inc., and Fluor Enterprises, Inc.
November 16, 2011 Order and Reasons - Rec. Doc. 23548
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Skyline Corporation.
November 16, 2011 Order and Reasons - Rec. Doc. 23547
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Skyline Corporation.
November 16, 2011 Order and Reasons - Rec. Doc. 23546
Granting the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
November 16, 2011 Order and Reasons - Rec. Doc. 23544
Granting the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
November 15, 2011 Order and Reasons - Rec. Doc. 23525
Denying the Motion for New Trial and in the Alternative, Motion for Relief from a Judgment or Order filed by Plaintiffs Penny Saunders on behalf of D.G, Ashlyn Nechelle Simien, and Enchanti Vault.
November 2, 2011 Order and Reasons - Rec. Doc. 23408
Granting the Motion to for Leave to File Amended Complaints, filed by plaintiffs.
November 2, 2011 Order and Reasons - Rec. Doc. 23407
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendants Jayco Enterprises, Inc. and Jayco, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23406
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23405
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23404
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23403
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23402
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Forest River, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23401
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23399
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23398
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23397
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23396
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23395
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23394
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23393
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23392
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23391
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Vanguard Industries of Michigan, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23390
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Forest River, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23389
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Recreation by Design, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23387
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Frontier RV, Inc.
November 2, 2011 Order and Reasons - Rec. Doc. 23383
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant C. Martin Company, Inc.
October 31, 2011 Order of Dismissal - Rec. Doc. 23368
Dismissing claims of bellwether plaintiffs Charles Marshall, Sonya Andrews, and Laura Demetriace Batiste against Sun Valley, Inc., Colony National Insurance Company, and Westchester Surplus Lines Insurance Company, the parties having reached a settlement, and canceling the bellwether trial set for January 23, 2012.
October 24, 2011 Order and Reasons - Rec. Doc. 23284
Granting the Joint Motion for Appointment of Special Master Amanda Ballay.
October 21, 2011 Order and Reasons - Rec. Doc. 23266
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Forest River, Inc.
October 21, 2011, Pretrial Order No. 91 - Rec. Doc. 23236
Setting: (1) a Status Conference for 11/17/2011 08:30 AM with liaison counsel and committee members and a General Status Conference set for 11/17/2011 10:00 AM, open to all counsel; and (2) a Status Conference for 1/5/2012 08:30 AM with liaison counsel and committee members and a General Status Conference set for 1/5/2012 10:00 AM, open to all counsel.
October 19, 2011 Order and Reasons - Rec. Doc. 23235
Granting the Motion for New Trial and in the Alternative Relief from Judgment or Order, filed by plaintiff Penny Saunders.
October 19, 2011 Order and Reasons - Rec. Doc. 23234
Granting in part and denying in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Sunnybrook RV, Inc.
October 19, 2011 Order and Reasons - Rec. Doc. 23233
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Jayco Enterprises, Inc.
October 5, 2011 Order - Rec. Doc. 23049
Adopting the distribution protocol for Disbursement of Fleetwood Settlement Funds recommended by the Special Master.
October 5, 2011 Order and Reasons - Rec. Doc. 23048
Granting the Motion for Disbursement of Fleetwood Settlement Funds filed by the Special Master.
October 5, 2011 Order and Reasons - Rec. Doc. 23047
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
October 5, 2011 Order and Reasons - Rec. Doc. 23046
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
October 5, 2011 Order and Reasons - Rec. Doc. 23045
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
October 5, 2011 Order and Reasons - Rec. Doc. 23044
Granting the Joint Motion Joint to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel.
October 5, 2011 Order and Reasons - Rec. Doc. 23043
Granting the Joint Motion Joint to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel.
October 5, 2011 Order and Reasons - Rec. Doc. 23042
Denying the Motion for Entry of Lone Pine Order, filed by defendants.
October 5, 2011 Order and Reasons - Rec. Doc. 23041
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
October 5, 2011 Order and Reasons - Rec. Doc. 23040
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
October 5, 2011 Order and Reasons - Rec. Doc. 23039
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by defendant Crum & Forster Specialty Insurance Company.
September 27, 2011 Order and Reasons - Rec. Doc. 23000
Denying Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
September 27, 2011 Order and Reasons - Rec. Doc. 22999
Denying Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
September 23, 2011 Order and Reasons - Rec. Doc. 22995
Denying five Motions to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 22, 2011 Order and Reasons - Rec. Doc. 22984
Denying without prejudice in part, denying in part, and granting in part the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 22, 2011 Order and Reasons - Rec. Doc. 22970
Denying without prejudice the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 22, 2011 Order and Reasons - Rec. Doc. 22969
Denying without prejudice the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22964
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Gulf Stream Coach, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22963
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22962
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22961
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22960
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22959
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22958
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22956
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc. And Vanguard, LLC.
September 21, 2011 Order and Reasons - Rec. Doc. 22955
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Forest River, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22954
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22953
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc. and CH2M Hill Constructors, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22952
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22949
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Starcraft RV, Inc. and Fluor Enterprises, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22948
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc. and Fluor Enterprises, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22947
Granting the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendants Jayco Enterprises, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc.
September 21, 2011 Order and Reasons - Rec. Doc. 22945
Granting the Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
September 21, 2011 Order and Reasons - Rec. Doc. 22943
Granting the Motion for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs.
September 21, 2011 Order and Reasons - Rec. Doc. 22940
Granting the Motion for Leave to File First Amended Complaint filed by Plaintiffs.
September 21, 2011 Order and Reasons - Rec. Doc. 22938
Denying the Motion to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc.
September 20, 2011 Order and Reasons - Rec. Doc. 22912
Denying the Motion for New Trial and or Reconsideration.
September 16, 2011 Pretrial Order No. 90 - Rec. Doc. 22896
Setting: (1) a Status Conference 10/21/2011 08:30 AM with liaison counsel and committee members and a General Status Conference for 10/21/2011 10:00 AM, open to all counsel; (2) a Status Conference for 11/17/2011 08:30 AM with liaison counsel and committee members and a General Status Conference set for 11/17/2011 10:00 AM, open to all counsel; and (3) a Status Conference for 1/5/2012 08:30 AM with liaison counsel and committee members and a General Status Conference set for 1/5/2012 10:00 AM, open to all counsel.
September 16, 2011 Order and Reasons - Rec. Doc. 22890
Denying the Motion to Withdraw Lambert & Nelson, PLC, Becnel Law Firm, LLC, Law Offices of Ronnie G. Penton, Law Offices of Robert Becnel/Diane Zink, Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC, Parker Waichman Alonso, LLP, and Sweet & Associates as attorneys for plaintiffs; denying without prejudice the Motion to Dismiss Party for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiff Fact Sheets filed by Defendant Forest River, Inc.; and granting the Motion to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Regarding Plaintiff Fact Sheets filed by Defendant Frontier RV, Inc.
September 13, 2011 Order and Reasons - Rec. Doc. 22828
Denying the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 12, 2011 Order and Reasons - Rec. Doc. 22821
Denying the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 9, 2011 Order and Reasons - Rec. Doc. 22807
Granting the MOTION for New Trial and or Reconsideration.
September 9, 2011 Order and Reasons - Rec. Doc. 22803
Granting the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 9, 2011 Order and Reasons - Rec. Doc. 22802
Granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 7, 2011 Order and Reasons - Rec. Doc. 22757
Granting in part and denying in part the MOTION for Judgment on the Pleadings to Dismiss the Third and Fourth Supplemental and Amended Administrative Master Complaints Based on the Government Contractor Defense by defendant Fluor Enterprises, Inc.
September 7, 2011 Order and Reasons - Rec. Doc. 22756
Granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 2, 2011 Order and Reasons - Rec. Doc. 22694
Granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 2, 2011 Order and Reasons - Rec. Doc. 22693
Granting in part and denying in part the MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets.
September 2, 2011 Trial Scheduling Orders - Rec. Docs. 22678, 22680, and 22682
For the January 23, 2011 Sun Valley bellwether trial.
August 25, 2011 Order - Rec. Doc. 22583
Continuing the SunValley bellwether trial set for October 17, 2011 to January 23, 2012 at 8:30 a.m., and the Final Pretrial Conference to January 5, 2012 at 9:30 a.m.
August 5, 2011 ORDER AND REASONS - Rec. Doc. 22330
REGARDING FLEETWOOD APPEALS: ORDERED that each of the 14 Fleetwood Appeals are DENIED.
August 2, 2011 Order - Rec. Doc. 22299
Resetting the Jayco summary jury trial for January 23-24, 2012.
July 28, 2011 Order - Rec. Doc. 22270
Continuing the Jayco summary jury trial, to be reset at a later date.
July 27, 2011 Orders and Reasons - Rec. Docs. 22251, 22252, and 22253
Denying MOTIONS for Reconsideration.
July 27, 2011 Orders and Reasons - Rec. Docs. 22248, 22249, and 22250
Denying the MOTIONS to Dismiss Party for Insufficient Service of Process.
July 18, 2011 Order - Rec. Docs. 22206
Appointing John Perry as Mediator in order to facilitate settlement discussions in connection with Plaintiffs' claims against Defendants Shaw Environmental, Inc., Fluor Enterprises, Inc., CH2M Hill Constructors, Inc., Bechtel National Inc., and any other third-party installation/ maintenance contractors and "procurement" parties, and for the purposes of exploring the potential for global settlement as to any and all other non-manufacturer and non-government defendants in this MDL.
July 15, 2011 Pretrial Order No. 89 - Rec. Doc. 22195
PTO followed the status conference set that day and which set certain upcoming deadlines.
July 14, 2011 Orders and Reasons - Rec. Docs. 22185 and 22187
Re: unopposed motions.
July 5, 2011 Corrected Pretrial Order No. 88 - Rec. Doc. 22153
June 29, 2011 Orders and Reasons - Rec. Docs. 22134, 22135, 22136, 22137, 22138, and 22139
Re: several unopposed motions.
June 24, 2011 Pre-trial Order No. 88 - Rec. Doc. 22124
Outlining and amending the procedure contemplated in Pretrial Order No. 86. (Rec. Doc. 20770), which will govern the Plaintiff Fact Sheet ("PFS") deficiency process going forward in this MDL.
June 24, 2010 Order and Reasons - Rec. Doc. 22123
Granting the MOTION for Entry of Pretrial Order Concerning Completion of Plaintiff Fact Sheets, the Deficiency Process and Compilation of a Master Database of Plaintiffs for Resolution of Claims filed by Plaintiffs' Liaison Counsel.
June 15, 2011 Order and Reasons - Rec. Doc. 22053
Granting the MOTION to Dismiss Party Defendant Dutchmen Manufacturing, Inc. filed by Defendant.
June 8, 2011 Order of Dismissal - Rec. Doc. 22010
Canceling the June 13, 2011 Coachmen summary jury trial based on a resolution of the matter.
May 26, 2011 Order and Reasons - Rec. Doc. 21706
Denying a Motion to Remand
May 25, 2011 Order and Reasons - Rec. Docs. 21642, 21643, 21647, 21648, 21649, 21650, 21651, and 21652
Denying a Motion to Remand
May 13, 2011 Pretrial Order No. 87 - Rec. Doc. 21367
Which followed the status conference set that day and which set certain upcoming deadlines.
May 6, 2011 Order and Reasons - Rec. Doc. 20905
Denying the MOTION for Partial Judgment on the Pleadings to Dismiss Mississippi Products Liability Claims in the 3rd & 4th Supplemental and Amended Administrative Master Complaints filed by Defendants Bechtel National, Inc. and CH2M HILL Constructors, Inc., and the MOTION to Dismiss Plaintiffs' Mississippi Products Liability claims filed by Contractor Defendant Fluor Enterprises, Inc.
May 5, 2011 120-Day Order of Dismissal - Rec. Doc. 20902
Canceling the KZRV bellwether trial set for May 16, 2011.
May 5, 2011 Order and Reasons - Rec. Doc. 20897
MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiff Christopher Richard, Jr., filed by Defendant Crum & Forster Specialty Insurance Company
May 5, 2011 Order and Reasons - Rec. Doc. 20896
Granting as unopposed: MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Ashley White, Joshua White, Geraldo Perez, & Maria Miranda filed by Defendant Crum & Forster Specialty Insurance Company
May 5, 2011 Order and Reasons - Rec. Doc. 20895
MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets for Plaintiffs Markalla LaFrance, Yascia LaFrance, Sharon Prout, and Kyle LaFrance filed by Defendant Crum & Forster Specialty Insurance Company
April 27, 2011 Order and Reasons - Rec. Doc. 20847
Denying the MOTION for Partial Judgment on the Pleadings on Negligence Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Defendant Fluor Enterprises, Inc.,AND the Joint MOTION to Dismiss Negligence Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Contractor Defendants CH2M Hill Constructors, Inc and Shaw Environmental, Inc.
April 21, 2011 Order - Rec. Doc. 20836
Changing the trial date for the Coachmen summary Jury Trial from June 20, 2011 to June 13, 2011.
April 20, 2011 First Amended Summary Jury Trial Scheduling Order - Rec. Doc. 20833
For the Coachmen trial.
April 12, 2011 Order and Reasons - Rec. Doc. 20784
Granting the MOTION to Strike Venue Allegations in Plaintiffs' Third and Fourth Supplemental and Amended Administrative Master Complaints (Rec. Doc. 4486 and Rec. Doc. 7688) filed by United States of America AND denying the MOTION for Leave to File Fifth Supplemental and Amended Administrative Master Complaint filed by Plaintiffs' Liaison Counsel.
April 8, 2011 Pretrial Order No. 86 - Rec. Doc.20770
Regarding Plaintiff Fact Sheets.
April 5, 2011 Preliminary Approval Order - Rec. Doc. 20669
Setting a Fairness hearing for Monday, August 22, 2011, at 9:00 a.m.
April 5, 2011 Order and Reasons - Rec. Doc. 20668
Granting the Motion for Preliminary Approval of Proposed Class Settlement.
March 24, 2011 Pretrial Order No. 85 - Rec. Doc. 20621
Which followed the status conference set that day and which set certain upcoming deadlines.
March 24, 2011 Order - Rec. Doc. 20614
Noticing for submission the Motion for Preliminary Approval of Proposed Class Settlement. Any opposition memoranda to this motion shall be submitted on or before 3/28/2011.
March 16, 2011 Orders and Reasons - Rec. Doc. 20492, 20493, 20494, 20495
Denying Plaintiffs’ Motions to Remand to State Court.
March 15, 2011 Order and Reasons - Rec. Doc. 20487
Denying Plaintiff’s Motion to Remand to State Court.
March 10, 2011 Amended Trial Scheduling Order - Rec. Doc. 20461
Relating to the August 1, 2011 Jayco summary jury trial.
March 9, 2011 Order and Reasons - Rec. Doc. 20456
Granting the Motion for Court Approval and Adoption of Special Master's Recommendations on Methodology and Allocations.
March 9, 2011 Order - Rec. Doc. 20455
Clarifying the intent of Pretrial Order No. 68.
March 2, 2011 Minute Entry - Rec. Doc. 20408
From the March 2, 2011 oral argument, wherein the Court denied the defendants’ Motion in Limine to Exclude Expert testimony of Paul Hewett.
February 22, 2011 summary jury trial Scheduling Order - Rec. Doc. 20298
For the June 20, 2011 Coachmen bellwether trial.
February 4, 2011 Pretrial Order No. 84 - Rec. Doc. 20170
Which followed the status conference set that day and which set certain upcoming deadlines.
February 4, 2011 Judgment - Rec. Doc. 20169
In member case no. 09-3818.
February 2, 2011 Order - Rec. Doc. 20130
The amend the Order and Reasons (Rec. Doc. 19899) to include a determination as to member case 07-9228 Aldridge et al v. Gulf Stream Coach, Inc. et al.
February 2, 2011 Order - Rec. Doc. 20129
Amending the Order and Reasons (Rec. Doc. 19856) in the following respect: the correct case number for the Ory matter on page 8 is 09-6224, not 09-6211.
February 1, 2011 Summary Jury Trial Order - Rec. Doc. 20093
For the June 20, 2011 Coachmen summary jury trial.
January 25, 2011 Scheduling Order - Rec. Doc. 20038
For the August 1, 2011 summary jury trial.
January 25, 2011 Summary Jury Trial Order - Rec. Doc. 20037
For the August 1, 2011 Jayco summary jury trial.
January 25, 2011 Order and Reasons - Rec. Doc. 19926
Denying the Cross-Motion for Summary Judgment of NACS and granting the Cross-Motion for Summary Judgment of Northfield.
January 24, 2011 Scheduling Order - Rec. Doc. 19900
For the March 28, 2011 summary jury trial.
January 24, 2011 final partial Order and Reasons - Rec. Doc. 19899
On the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
January 20, 2011 Summary Jury Trial Order - Rec. Doc. 19883
For the March 28, 2011 summary jury trial.
January 20, 2011 partial Order and Reasons - Rec. Doc. 19882
On the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
January 19, 2011 Order - Rec. Doc. 19863
Amending the Order and reasons at Rec. Doc. 19856.
January 19, 2011 Partial Order and Reasons - Rec. Doc. 19856
On the Motions to Dismiss at Rec. Docs. 18684, 18707, and 19080.
January 18, 2011 Trial Scheduling Orders - Rec. Docs. 19812, 19813, 19814
For the October 17, 2011 bellwether trial.
January 7, 2011 Order - Rec. Doc. 19626
Striking certain Amended Complaints from the record as untimely and for not requesting leave to file.
December 29, 2010 Order and Reasons - Rec. Doc. 19063
Denying the Motion for Entry of Order Concerning Summary Jury Trial Involving Dutchmen Manufacturing, Inc.
December 29, 2010 Order and Reasons - Rec. Doc. 19057
The PSC Motion of Dismissal Pursuant to Fleetwood Settlement.
December 23, 2010 Order - Rec. Doc. 19043
Striking certain Amended Complaints from the record as untimely and for not requesting leave to file.
December 16, 2010 Pre-trial Order No. 83 - Rec. Doc. 18698
Amends PTO 68.
December 15, 2010 Pre-trial Order No. 82 - Rec. Doc.18681
Canceling the March 28, 2011 Sun Valley trial and resetting it for October 17, 2011. Bellwether plaintiffs were named, and other trial-related deadlines were given therein.
December 15, 2010 Pre-trial Order No. 81 - Rec. Doc.18680
Canceling the February 22, 2011 Dutchmen trial and resetting it for March 28, 2011. Other trial-related deadlines were given therein.
December 15, 2010 Order and Reasons - Rec. Doc.18679
Granting the Motion for Reimbursement of Certain Common Benefit Expenses from Fleetwood Settlement Fund filed by Plaintiffs' Liaison Counsel.
December 14, 2010 Trial Scheduling Order - Rec. Doc.18669
For the June 20, 2011 Coachmen bellwether trial.
December 6, 2010 Order and Reasons - Rec. Doc.18464
Denying the Joint Motion to Dismiss LPLA claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Contractor Defendants CH2M Hill Constructors, Inc. and Shaw Environmental, Inc., and the Motion for Partial Judgment on the Pleadings to Dismiss LPLA claims in the 3rd & 4th Supplemental and Amended Administrative Master Complaints filed by Defendant Fluor Enterprises, Inc.
December 3, 2010 Pre-trial Order No. 80 - Rec. Doc.18462
Setting the next general status conference for Friday, February 4, 2011, at 10:00 a.m.
December 2, 2010 Order and Reasons - Rec. Doc.18426
Granting in part and denying in part the Motion to Dismiss Plaintiffs' Third and Fourth Amended Master Complaints filed by Contractor Defendants.
December 2, 2010 Pre-trial Order No. 79 - Rec. Doc.18424
Making committee member re-appointments.
December 1, 2010 Order - Rec. Doc. 18419
Resetting for hearing on 12/29/10 the PSC Motion of Dismissal Pursuant to Fleetwood Settlement (Rec. Doc. 16174).
November 29, 2010 Order - Rec. Doc. 18391
Stating that Anthony Dixon shall serve as the bellwether Plaintiff in the June 20, 2011 Coachmen Recreational Vehicle Company, LLC trial. Other trial-related deadlines were given therein.
November 17, 2010 Order - Rec. Doc. 18053
Canceling the January 31, 2011 Jayco, Inc. Trial and resetting it for August 1, 2011. Other trial-related deadlines were given therein.
November 12, 2010 Order - Rec. Doc. 17926
Continuing the deadline for the filing of the Joint Motion for Preliminary Approval of Class Settlement to January 11, 2011.
November 9, 2010 Order - Rec. Doc. 17851
Continuing the hearing on the "Plaintiffs’ Motion to Enjoin Conflicting State Court Proceedings in Elkhart County, Indiana that Interfere with This Court’s Continuing Jurisdiction Over This Litigation" (Rec. Doc. 17661) to Wednesday, December 8, 2010, without oral argument.
October 26, 2010 Trial Scheduling Order - Rec. Doc. 17347
For the January 31, 2011 Jayco, Inc. bellwether trial.
October 26, 2010 Order and Reasons - - Rec. Doc.17346
Granting the MOTION for Review of Taxation of Costs (issued by the Clerk of Court) filed by United States of America.
October 25, 2010 Trial Scheduling Order - Rec. Doc. 17327
For the May 16, 2011 KZ RV, LP bellwether trial.
October 25, 2010 Order and Reasons - Rec. Doc. 17325
Denying the Motion for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) filed by Plaintiffs' Liaison Counsel and granting the Motion to Certify for Interlocutory Review Pursuant to 28 U.S.C., Section 1292(b) the Court's May 18, 2010 Order Dismissing FTCA Negligence Claims of All Louisiana Plaintiffs.
October 25, 2010 Order and Reasons - Rec. Doc. 17291
Denying motions for leave to amend complains to add new plaintiffs.
October 25, 2010 Order and Reasons - Rec. Doc.17290
Granting the Motion to Extend Time to Serve Defendant filed by Plaintiffs; only to the extent that Plaintiff is allowed until Monday, November 15, 2010 to perfect service on Defendant Davis Professional Accounting Services, L.L.C.
October 22, 2010 Pretrial Order No. 78 - Rec. Doc. 17328
Which followed the status conference set that day and which set certain upcoming deadlines.
October 19, 2010 Order and Reasons - Rec. Doc. 16948
Granting the Motion to Dismiss For Failure to Comply with Pre-Trial Order 32 filed by Defendant William Scotsman, Inc.
October 12, 2010 Order - Rec. Doc. 16765
Making the Jayco, Inc. Bellwether trial a summary jury trial.
October 5, 2010 Trial Scheduling Order - Rec. Doc. 16610
For the February 22, 2011 bellwether trial.
September 22, 2010 Judgment - Rec. Doc. 16210
In favor of Defendant Recreation By Design, LLC.
September 22, 2010 Order and Reasons - Rec. Doc. 16209
Granting in part, denying in part the MOTION for Entry of Judgment under Rule 54(b) by Defendant Recreation By Design, LLC.
September 16, 2010 Order - Rec. Doc. 16111
Canceling the November 8, 2010 bellwether trial.
September 14, 2010 Pretrial Order No. 77 - Rec. Doc. 16076
Establishing the procedure for participating in the Fleetwood settlement.
September 10, 2010 Order and Reasons - Rec. Doc. 16070
Granting Gulf Stream Coach, Inc.’s Motion to Strike Live Testimony of Plaintiff’s Experts (Rec. Doc. 16065).
September 1, 2010 Order and Reasons - Rec. Doc. 16048
Granting the Special Master’s Motion to Establish Procedure for Compensation (Rec. Doc. 15824).
August 27, 2010 Pretrial Order No. 76 - Rec. Doc. 15971
Amending Pretrial Order No. 75.
August 24, 2010 Order - Rec. Doc. 15827
For Entry of Fed. R. Civ. P. 54(b) Judgment and this Court’s August 8, 2010, Order and Reasons (Rec. Doc. 15061), dismissing all Alabama Plaintiffs’ Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§1346(b)(1), 2671-80, claims for lack of subject matter jurisdiction.
August 20, 2010 Pretrial Order No. 75 - Rec. Doc. 15822
Following the status conferences held on that same day. See Order for various deadlines given therein.
August 19, 2010 Order and Reasons - Rec. Doc. 15621
Granting the PSC Motion for Appointment of Disbursing Agent and Data Management Consultant (Rec. Doc. 15065).
August 9, 2010 Order and Reasons - Rec. Doc.15061
Granting the Defendant United States’ Motion to Dismiss the FTCA Claims of All "Alabama Plaintiffs" for Lack of Subject-Matter Jurisdiction Based Upon No Analogous Private Liability (Rec. Doc. 10656).
August 4, 2010 Pretrial Order No. 74 - Rec. Doc. 15060
Indicating that after the applicable deadlines have expired, all "unmatched complaints" will be dismissed in their entireties upon motion by defense liaison counsel. In so doing, the Court will thereby dismiss any Plaintiffs who appear in any "unmatched complaints" but not in any subsequently-matched amended complaints.
August 4, 2010 Pretrial Order No. 73 - Rec. Doc. 15059
Relating to the November 8, 2010 bellwether trial.
August 4, 2010 Order - Rec. Doc. 15058
Granting the Consent Motion for Entry of Fed. R. Civ. P. 54(b) Judgment and this Court’s June 23, 2010 Order and Reasons (Rec. Doc. 14486), dismissing Mississippi Plaintiffs’ Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§1346(b)(1), 2671-80, claims for lack of subject matter jurisdiction.
July 14, 2010 - Rec. Doc. 14779
AMENDED Pretrial Order No. 68
July 7, 2010 Pretrial Order No. 72 - Rec. Doc. 14647
Following the status conferences held on that same day. See Order for various deadlines given therein.
July 2, 2010 Order - Rec. Doc. 14615
Granting the Motion for Extension of Deadlines to Extend Non-Litigation Track and Deadline to File Joint Preliminary Settlement Agreement and Motion to Certify A Settlement Class.
June 30, 2010 Order - Rec. Doc. 14589
Granting the Motion to Dismiss the claims of bellwether plaintiff Vanessa Jiles, with prejudice.
June 23, 2010 Order and Reasons - Rec. Doc.14486
Granting the MOTION to Dismiss for Lack of Jurisdiction Claims of "Mississippi Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America and dismissing for lack of subject matter jurisdiction all of Mississippi Plaintiffs' FTCA claims.
June 18, 2010 Scheduling Order - Rec. Doc. 14447
For the November 8, 2010 Keystone bellwether trial.
June 18, 2010 Order and Reasons - Rec. Doc. 14446
Granting in part and denying in part the MOTION for Leave to File a Global Motion for Leave to Amend and Add the United States Once all Plaintiffs' Claims are Ripe as to the United States filed by Plaintiffs
June 11, 2010 Order - Rec. Doc. 14400
Granting the Motion for Appointment of Special Master Daniel J. Balhoff, pursuant to Rule 53 of the Federal Rules of Civil Procedure.
June 10, 2010 Order - Rec. Doc. 14340
Denying the MOTION to Amend/Correct /Convert Dismissal of Bellwether Plaintiffs' Claims Without Prejudice to With Prejudice re Notice of Voluntary Dismissal as to claims of plaintiff Robin Lewis against Fluor Enterprises, Inc, and re Notice of Voluntary Dismissal as to claims of Easton Charles, Jr. against Fluor Enterprises, Inc.
June 10, 2010 Judgment - Rec. Doc. 14339
Relevant to the Wright bellwether trial.
June 9, 2010 Pretrial Order No. 71 - Rec. Doc. 14333
Canceling the June 25, 2010 status conferences and resetting them for Wednesday, July 7, 2010 at 8:30 a.m. and 10 a.m.
June 8, 2010 Order - Rec. Doc.14327
Converting the September 2010 Gulf Stream bellwether trial to a summary jury trial.
June 3, 2010 Pretrial Order No. 70 - Rec. Doc.14312
Relative to the November 2010 Keystone bellwether trial.
June 2, 2010 Pretrial Order No. 69 - Rec. Doc. 14311
Canceling the October 18, 2010 bellwether trial.
May 26, 2010 Pretrial Order No. 68 - Rec. Doc. 14200
CONCERNING DEADLINES FOR MATCHING AND FILING.
May 19, 2010 Order and Reasons - Rec Doc.14126
Granting the MOTION for Extension of Deadlines to Match certain Plaintiffs Pursuant to Pretrial Order Nos. 40 and 49 and 53 filed by Plaintiffs; extension of 30 days from the entry of this Order to match to manufacturers and contractors/installers.
May 18, 2010 Order and Reasons - Rec. Doc.14124
Granting the MOTION to Dismiss for Lack of Jurisdiction the FTCA Negligence Claims of All "Louisiana Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America .
March 16, 2010 Orders - Rec. Doc. 12990 and 12999
Granting the unopposed motions dismissing the claims of Paul Lastrapes and Jonah Stevenson - the substitute bellwether plaintiffs for the July 2010 Keystone bellwether trial.
March 15, 2010 Trial Scheduling Order - Rec. Doc. 13001
For the September 2010 Gulf Stream bellwether trial.
March 12, 2010 Order and Reasons - Rec. Doc. 12825
Denying, without prejudice, as premature MOTION to Allow Experts to Utilize and Explain the Demonstrative Computer-Generated Video Evidence During their Testimony in the Interest of Clarity and Judicial Economy filed by Plaintiffs' Liaison Counsel (Rec. Doc. 12744).
March 11, 2010 Order and Reasons - Rec. Doc. 12779
Denying reconsideration of its previous order relating to building codes.
March 10, 2010 Order and Reasons - Rec. Doc. 12775
Granting in part and denying in part Forest River, Inc.'s Motion to Exclude Expert testimony of Dr. Lawrence Miller (Rec. Doc. 11385).
March 10, 2010 Order and Reasons - Rec. Doc. 12735
Denying MOTION to Exclude Expert Testimony of Alexis Mallet filed by Defendant Forest River, Inc. (Rec. Doc. 11383).
March 10, 2010 Order and Reasons - Rec. Doc. 12730
Denying MOTION in Limine to Exclude Expert Testimony of Paul Hewett, Ph.D. filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 11415).
March 10, 2010 Order and Reasons - Rec. Doc. 12723
Granting in part, denying in part MOTION to Exclude Expert Testimony of Patricia Williams, PhD, DABT filed by Defendant Forest River, Inc. (Rec. Doc. 11404).
March 9, 2010 Order and Reasons - Rec. Doc. 12642
Branting in part, denying in part MOTION in Limine to Limit the Testimony of Stephen Smulski, PhD (Rec. Doc. 11403).
March 9, 2010 Order and Reasons - Rec. Doc. 12641
Denying MOTION to Exclude Expert Testimony of Dr. Edward H. Shwery (Rec. Doc. 11400).
March 9, 2010 Order and Reasons - Rec. Doc. 12640
Granting in part, denying in part MOTION to Exclude Testimony of Ervin L. Ritter (Rec. Doc. 11393).
March 9, 2010 Order and Reasons - Rec. Doc. 12639
Denying MOTION to Exclude Expert Testimony of Paul J. Lagrange filed by Defendant Forest River, Inc. (Rec. Doc. 11380).
March 9, 2010 Order and Reasons - Rec. Doc. 12638
Denying as moot MOTION for Partial Summary Judgment on Plaintiff's Mental Anguish Claims filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 10945).
March 9, 2010 Order and Reasons - Rec. Doc. 12637
Denying MOTION for Partial Summary Judgment regarding Mental Anguish filed by Defendant Forest River, Inc. (Rec. Doc. 10934).
March 8, 2010 Order and Reasons - Rec. Doc. 12586
Denying MOTION to Exclude Plaintiff's Animation Exhibit filed by Defendant Forest River, Inc.(Rec. Doc. 11355).
March 8, 2010 Order and Reasons - Rec. Doc. 12578
Granting in part, denying in part MOTION in Limine to Limit the Testimony of William Dyson, Ph.D. filed by Plaintiffs' Liaison Counsel. (Rec. Doc. 11353)
March 8, 2010 Order and Reasons - Rec. Doc. 12558
Denying MOTION in Limine to Exclude Expert Testimony of Charles David Moore filed by Contractor Defendant Shaw Environmental, Inc (Rec. Doc. 11417).
March 5, 2010 Pre-Trial Order No. 62 - Rec. Doc. 12585
After the general status conference, setting certain deadlines.
March 5, 2010 Order and Reasons - Rec. Doc. 12450
Granting in part, denying in part MOTION for Reconsideration on the Court's Ruling Granting Defendant's Motion to Strike the Plaintiff's Expert Supplemental Reports filed by Plaintiffs' Liaison Counsel (Rec. Doc. 11758).
March 5, 2010 Order and Reasons - Rec. Doc. 12449
Denying MOTION for Reconsideration of the Court's Ruling Granting Defendant's Motion to Strike the Addendum to Dr. Larry Miller's Expert Reports filed by Plaintiffs' Liaison Counsel (Rec. Doc. 11695)
March 5, 2010 Order and Reasons - Rec. Doc. 12448
Granting in part, denying in part MOTION to Exclude Certain Comments to the Jury filed by Defendant Forest River, Inc. (Rec. Doc. 11389).
March 5, 2010 Order and Reasons - Rec. Doc. 12447
Granting MOTION in Limine to Prohibit References to an Exemplar Trailer filed by Plaintiffs' Liaison Counsel (Rec. Doc. 11384).
March 5, 2010 Order and Reasons - Rec. Doc. 12429
Denying MOTION for Summary Judgment on Causation filed by Contractor Defendant Shaw Environmental, Inc.(Rec. Doc. 10929).
March 4, 2010 Pre-Trial Order No. 60 - Rec. Doc. 12407
Setting certain pre-trial deadlines for the Wright bellwether trial.
March 4, 2010 Order and Reasons - Rec. Doc. 12406
Denying MOTION for Partial Summary Judgment Regarding Failure to Warn filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 10946).
March 4, 2010 Order - Rec. Doc. 12261
Denying as moot Motion for Partial Summary Judgment Regarding Plaintiff's Maintenance Claims (Rec. Doc. 10947).
March 3, 2010 Order and Reasons - Rec. Doc. 12260
Granting MOTION in Limine to Prohibit References to the Inapplicability of Building Codes filed by Plaintiffs' Liaison Counsel (Rec. Doc. 11362), MOTION in Limine to Exclude References to Building Codes filed by Contractor.
March 2, 2010 Order and Reasons - Rec. Doc. 12051
Denying MOTION in Limine to Reference to Plaintiff Witnessing Previous Expert Testimony filed by Plaintiffs' Liaison Counsel.(Rec. Doc. 11348).
March 2, 2010 Order and Reasons - Rec. Doc. 12050
Denying MOTION for Partial Summary Judgment Regarding "Blocking" filed by Contractor Defendant Shaw Environmental, Inc. (Rec. Doc. 11935).
March 2, 2010 Order and Reasons - Rec. Doc. 12049
Granting in part, denying in part MOTION for Summary Judgment regarding Causation filed by Defendants Forest River, Inc. and Shaw Environmental. Inc. (Rec. Doc. 11933).
March 1, 2010 Order and Reasons - Rec. Doc. 11983
Denying MOTION in Limine to Prohibit References or Suggestions that the Water Leak at the Door was Caused by a Break In (Rec. Doc. 11387).
March 1, 2010 Order and Reasons - Rec. Doc. 11982
Denying MOTION in Limine to Any Reference to Malingering, Alcohol Abuse or Drinking Problems(Rec. Doc. 11352).
February 26, 2010 Order and Reasons - Rec. Doc. 11955
Denying MOTION for Partial Summary Judgment With Respect to Certain Affirmative Defenses of Forest River, Inc. (Rec. Doc. 10940).
February 26, 2010 Pre-Trial Order No. 61 - Rec. Doc. 11953
Selecting the bellwether plaintiff and substitutes for the September 2010 Gulf Stream bellwether trial.
February 25, 2010 Order and Reasons - Rec. Doc. 11938
Denying MOTION in Limine to Prohibit Reference to Formaldehyde in Foods and Other Products (Rec. Doc. 11357).
February 25, 2010 Order and Reasons - Rec. Doc. 11934
Granting in part, denying in part MOTION in Limine to Prohibit References to Matters in the Personal History of Tyshone Marsh (Rec. Doc. 10360).
February 25, 2010 Pre-Trial Order - Rec. Doc. 11933
For the Wright bellwether trial into the record.
February 24, 2010 Order and Reasons - Rec. Doc. 11910
Adopting Order on Motion for Summary Judgment, granting in part, denying in part MOTION for Summary Judgment Based on Shaw Environmental Inc.'s Status as a Government Contractor filed by Contractor Defendants (Rec. Doc. 10941).
February 24, 2010 Order and Reasons - Rec. Doc. 11909
Denying MOTION for Partial Summary Judgment regarding Forest River's Duty to Warn (Rec. Doc. 10937).
February 24, 2010 Order and Reasons - Rec. Doc. 11908
Denying MOTION for Summary Judgment Regarding Government Contractor Defense(Rec. Doc. 10936).
February 23, 2010 Pretrial Order No. 59 - Rec. Doc. 11879
Appointing Ralph S. Hubbard III and Charles E. Leche to serve as co-liaison counsel for the insurance carriers involved in this MDL.
February 23, 2010 Order and Reasons - Rec. Doc. 11877
Granting MOTION for Partial Summary Judgment With Respect to a Certain Affirmative Defense of Shaw Environmental, Inc. (Rec, Doc. 10942).
February 23, 2010 Order -Rec. Doc. 11873
Denying as moot the Motion in Limine to Prohibit Reference to Unrelated, Non-Pled Claim (Rec. Doc. 11356)
February 22, 2010 Order -Rec. Doc. 11857
Denying as moot the Motion in Limine to Prohibit References to the Bathroom Vent Cover as Missing (Rec. Doc. 11419).
February 22, 2010 Order - Rec. Doc. 11856
Denying as moot the Motion in Limine With Regard to the Darrian Griffin Affidavit (Rec. Doc. 11418).
February 22, 2010 Order -Rec. Doc. 11855
Denying as moot the Motion to Exclude Expert Testimony of William D. Scott (Rec. Doc. 11397).
February 22, 2010 Order -Rec. Doc. 11854
Denying as moot the Motion to Exclude References to Opinions of Dr. George Farber (Rec. Doc. 11374).
February 10, 2010 Order and Reasons - Rec. Doc. 11464
Granting Defendants’ Joint Motion to Strike Plaintiff’s Supplemental Expert Reports (Rec. Doc. 10944).
February 10, 2010 Order and Reasons - Rec. Doc. 11461
Granting Defendants’ Joint Motion to Strike the Addendum to the Expert Reports of Dr. Lawrence Miller (Rec. Doc. 10321).
February 8, 2010 Order - Rec. Doc. 11342
Denying as moot the following motions: MOTION for Partial Summary Judgment regarding Medical Monitoring Damages filed by Defendant (Rec. Doc. 10938), MOTION for Partial Summary Judgment Regarding Claims Under the Louisiana Products Liability Act filed by Contractor Defendants (Rec. Doc. 10930), MOTION for Partial Summary Judgment regarding Plaintiff's Claim for Loss of Future Earning Capacity filed by Defendant (Rec. Doc. 10939).
February 5, 2010 Order - Rec. Doc. 11363
Relating to the selection of a bellwether plaintiff for the September 2010 Gulf Stream bellwether trial.
February 5, 2010 Scheduling Order - Rec. Doc. 11293
Setting certain pre-trial deadlines in the Wright bellwether trial.
February 4, 2010 Order and Reasons - Rec. Doc. 11209
Denying the MOTION to certify for Interlocutory Review Pursuant to 28 U.S.C. § 1292(b) the Court's November 16, 2009 Order Denying Shaw Environmental, Inc.'s Motion for Summary Judgment Based on Prescription (Rec. Doc. 8566).
February 3, 2010 Order - Rec. Doc. 11171
Therefrom relating to summary jury trial process and procedure.
January 29, 2010 Pretrial Order No. 58 - Rec. Doc. 10917
Regarding applications/nominations for insurers liaison counsel.
January 22, 2010 Order and Reasons - Rec. Doc. 10626
Granting the Motion to Dismiss for Lack of Jurisdiction Plaintiff Earline Castanel's FTCA Claims (Rec. Doc. 8629).
January 22, 2010 Order - Rec. Doc. 10625
Granting an extension of the dispositive motion deadline in the Forest River bellwether trial.
January 22, 2010 Order - Rec. Doc. 10623
Allowing Fleetwood and its insurers an indefinite extension of time to file responsive pleadings.
January 21, 2010 Order and Reasons - Rec. Doc. 10493
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).
January 19, 2010 Pretrial Order No. 57 - Rec. Doc. 10387
Ordering the parties participating in the Forest River bellwether trial to submit a joint trial plan.
January 19, 2010 Pretrial Order No. 56 - Rec. Doc. 10386
Detailing the Court instructions to counsel at the January 15, 2010 general status conference.
January 15, 2010 Order and Reasons - Rec. Doc. 10293
Granting in part and denying in part the MOTION to Strike Plaintiff's Designation of Kenneth R. Laughery, Ph.D. (Rec. Doc. 4800).
January 12, 2010 Order - Rec. Doc. 10266
Granting answer extensions for recently filed amended administrative master complaints.
January 12, 2010 Order - Rec. Doc. 10228
Relating to the withholding of summonses until all defendants (including both manufacturers and contract installers) are properly matched to a plaintiff.
January 8, 2010 Magistrate Order - Rec. Doc. 10227
Relating to Dr. Cole’s deposition transcript.
December 29, 2009 Order - Rec. Doc. 9716
Amending the Trial scheduling Order (Rec. Doc. 9600) for the Keystone bellwether trial.
December 28, 2009 Trial Scheduling Order - Rec. Doc. 9602
For the Recreation by Design bellwether trial.
December 28, 2009 Trial Scheduling Order - Rec. Doc. 9600
For the Keystone bellwether trial.
December 14, 2009 Order - Rec. Doc. 9073
Incorporating third party contractor/installer defendants into the matching requirements.
December 14, 2009 Order - Rec. Doc. 9072
Relating to the Keystone bellwether trial.
December 9, 2009 Order - Rec. Doc. 8995
Pertaining to amended complaints that reference cases that have not yet been transferred to this Court.
December 9, 2009 Order - Rec. Doc. 8994
Pertaining to unmatched amended complaints.
December 8, 2009 Order - Rec. Doc. 8908
Pertaining to the matching requirements found in Pretrial Order No. 40 (Rec. Doc. 1781).
December 8, 2009 Trial Scheduling Order - Rec. Doc. 8866
For the Recreation by Design bellwether trial.
December 7, 2009 Order and Reasons - Rec. Doc. 8625
Denying the MOTION to Transfer Case Venue for Convenience to Middle District of Florida (Rec. Doc. 3193).
December 3, 2009 Order - Rec. Doc. 8462
Continuing the Fleetwood bellwether trial without date.
December 2, 2009 Order - Rec. Doc. 8426
Granting extension of the witness and exhibit list deadlines in the Forest River bellwether trial.
December 1, 2009 Order and Reasons - Rec. Doc. 8373
Granting in part, denying in part MOTION in Limine to Prohibit Reference to Unrelated, Non-Pled Claims (Rec. Doc. 7284).
December 1, 2009 Order and Reasons - Rec. Doc. 8372
Denying the MOTION for Partial Summary Judgment on Mental Anguish Claims by Fleetwood Enterprises, Inc. (Rec. Doc. 6639).
November 30, 2009 Revised Pre-Trial Order - Rec. Doc. 8296
Filed into the record relating to the Fleetwood bellwether trial.
November 30, 2009 Order and Reasons - Rec. Doc. 8295
Re: MOTION to Exclude Dr. Lawrence G. Miller's Testimony by Defendant Fleetwood Enterprises, Inc. (Rec. Doc. 6665).
November 30, 2009 Order and Reasons - Rec. Doc. 8171
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).
November 30, 2009 Order - Rec. Doc. 8168
Placing Insurco, Ltd. On the Non-litigation Track.
November 24, 2009 Order and Reasons - Rec. Doc. 8066
Denying MOTION for Summary Judgment on Causation by Defendant Fleetwood Enterprises, Inc. (Rec. Doc. 6659).
November 24, 2009 Order and Reasons - Rec. Doc. 8053
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).
November 24, 2009 Order and Reasons - Rec. Doc. 8000
Granting the MOTION to Exclude /Limit the Testimony of Thomas W. Fribley (Rec. Doc. 6654);
November 23, 2009 Order and Reasons - Rec. Doc. 7904
Denying MOTION to Exclude Testimony of Patricia K. Farris (Rec. Doc. 6653).
November 23, 2009 Order and Reasons - Rec. Doc. 7746
Denying the MOTION to Exclude Testimony of Howard I. Maibach (Rec. Doc. 6650)
November 20, 2009 Order and Reasons - Rec. Doc. 7684
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).
November 20, 2009 Order and Reasons - Rec. Doc. 7683
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).
November 20, 2009 Order and Reasons - Rec. Doc. 7682
Denying the MOTION for Summary Judgment as to the Government Contractor Defense (Rec. Doc. 6626)
November 20, 2009 Order - Rec. Doc. 7681
Relating to the mediation of Fleetwood matters.
November 19, 2009 Order - Rec. Doc. 7605
From the Fleetwood pre-trial conference setting forth certain pre-trial deadlines.
November 19, 2009 Order - Rec. Doc. 7602
Granting Motion in Limine to Exclude Testimony and Evidence Relating to Fleetwood Enterprises, Incs Bankruptcy Filing (Rec. Doc. 7283).
November 19, 2009 Order and Reasons - Rec. Doc. 7596
Denying the MOTION to Exclude Testimony of Robert C. James (Rec. Doc. 6651)
November 18, 2009 Judgment - Rec. Doc. 7486
In favor of Federal Emergency Management Agency, Keystone RV Company, Shaw Environmental Inc against Raymond Bell, III in Member case no. 09-2967.
November 18, 2009 Order and Reasons - Rec. Doc. 7533
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).
November 18, 2009 Order and Reasons - Rec. Doc. 7505
Denying MOTION in Limine to Exclude the Testimony of Plaintiff's Expert Charles David Moore by Defendant Fleetwood Enterprises, Inc. (Rec. Doc. 6657
November 18, 2009 Order and Reasons - Rec. Doc. 7502
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)
November 18, 2009 Order - Rec. Doc. 7482
Denying as moot Motion for Partial Summary Judgment on Medical Monitoring, Punitive Damages and Loss of Consortium Claims (Rec. Doc. 6613)
November 18, 2009 Order - Rec. Doc. 7481
Denying as moot the Motion for Partial Summary Judgment on the Express Warranty Claim (Rec. Doc. 6579)
November 17, 2009 Order - Rec. Doc. 7440
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).
November 16, 2009 Order and Reasons - Rec. Doc. 7253
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).
November 16, 2009 Order Rec. Doc. 7249
Selecting David McGraw as the bellwether plaintiff and Paul Lastrapes as the substitute bellwether plaintiff for the Keystone bellwether trial.
November 16, 2009 Order and Reasons - Rec. Doc. 7241
Denying the Motion for Summary Judgment Regarding Prescription (Rec. Doc. 2581) relating to the Forest River Bellwether trial.
November 5, 2009 Order - Rec. Doc. 6433
Replacing Carrie Smith with Earline Castanel as the bellwether plaintiff for the Recreation by Design bellwether trial.
November 5, 2009 Order - Rec. Doc. 6426
Granting certain extensions in the Fleetwood bellwether trial.
November 2, 2009 Pretrial Order No. 48 - Rec. Doc. 6204
Allowing Carrie Smith to withdraw as the bellwether plaintiff for the Recreation by Design bellwether trial.
November 2, 2009 Pretrial Order No. 47 - Rec. Doc. 6201
Relating t0 the establishment of a summary jury trial committee.
November 2, 2009 Order - Rec. Doc. 6198
Granting certain extensions in the Fleetwood bellwether trial.
October 23, 2009 Pretrial Order No. 46 - Rec. Doc. 5744
Detailing what was ordered at the October 23, 2009 status conference.
October 21, 2009 Order - Rec. Doc. 5669
Granting the Motion for Extension of certain Deadlines (Rec. Doc. 5575) relating to the Fleetwood bellwether trial.
October 16, 2009 Order and Reasons - Rec. Doc. 5540
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).
October 15, 2009 Order and Reasons - Rec. Doc. 5491
Denying the Motion for Reconsideration (Rec. Doc. 2201).
October 14, 2009 Order - Rec. Doc. 5472
Denying as moot Defendant Keystone RV Company's Motion to Dismiss (Rec. Doc. 2221).
October 14, 2009 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.
October 14, 2009 Order - Rec. Doc. 5469
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.
October 14, 2009 Order - Rec. Doc. 5440
Granting the Motion for Entry of Judgment under 54(b) (Rec. Doc. 3049). The Court also entered Judgement under Rule 54(b).
October 8, 2009 Order and Reasons - Rec. Doc. 5306
Denying the Motion to Strike Medical Report of Dr. H. Wedner, MD (Rec. Doc. 4303).
October 6, 2009 Order and Reasons - Rec. Doc. 4845
Granting in part and denying in part the MOTION to Strike Plaintiff's Designation of Kenneth R. Laughery, Ph.D (Rec. Doc. 2348).
October 6, 2009 Order - Rec. Doc. 4752
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.
October 2, 2009 - Rec. Doc. 4725
Mary C. Devany filed a Notice of Interlocutory Appeal
October 1, 2009 Order and Reasons - Rec. Doc. 4370
Denying the MOTION to Substitute Party. Party Valena Byrd to be substituted in place of Raymond Bell III filed by Plaintiff (Rec. Doc. 4164).
October 1, 2009 Order and Reasons - Rec. Doc. 4366
Granting in part and denying in part the MOTION to Dismiss Case filed by Bechtel National, Inc. (Rec. Doc. 2796).
September 29, 2009 Pretrial Order No. 45 - Rec. Doc. 4166
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.
September 29, 2009 Order - Rec. Doc. 4111
Granting the Motion to Substitute Bellwether Plaintiff Diana Bell. The Court made Raymond Bell, III the substitute bellwether plaintiff in the Keystone bellwether trial.
September 24, 2009 - Rec. Doc. 4149
Joint Stipulations of Facts as to the Gulf Stream trial.
September 24, 2009 Order and Rule to Show Cause - Rec. Doc. 3824
Mary C. DeVany.
September 21, 2009 - 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).
September 17, 2009 Notice of Interlocutory Appeal - Rec. Doc. 3794
Filed by Plaintiffs’ Liaison Counsel.
September 16, 2009 Order - Rec. Doc. 3356
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).
September 16, 2009 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).
September 15, 2009 RULINGS - Rec. Docs. 3311 and 3323
On Objections on Deposition Testimony at Trial re: Richard Sober and Karin Ann Pacheco, M.D.
September 14, 2009 Order and Reasons - Rec. Doc. 3302
Denying the MOTION for Partial Summary Judgment regarding Duty to Warn (Rec. Doc. 2719).
September 14, 2009 RULINGS - Rec. Doc. 3295
On Objections on Deposition Testimony at Trial re: Michael K. Lindell.
September 11, 2009 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.
September 11, 2009 Order and Reasons - Rec. Doc. 3219
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)
September 11, 2009 Order and Reasons - Rec. Doc. 3218
Granting in part and denying in part the MOTION in Limine to Exclude the Testimony of Alexis Mallet, Jr. (Rec. Doc. 2776)
September 11, 2009 Order and Reasons - Rec. Doc. 3217
Granting the MOTION for Partial Summary Judgment filed by Defendant Fluor Enterprises, Inc. (Rec. Doc. 2743)
September 10, 2009 Order and Reasons - Rec. Doc. 3213
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).
September 10, 2009 Order and Reasons - Rec. Doc. 3212
Regarding the MOTION in Limine to Exclude Certain Fact Testimony of Plaintiffs and Fact Witnesses (Rec. Doc. 2885)
September 10, 2009 Order and Reasons - Rec. Doc. 3205
Granting in part and denying in part the Motion for Summary Judgment (Rec. Doc. 2802)
September 10, 2009 Order and Reasons - Rec. Doc. 3181
Denying the MOTION in Limine to exclude testimony of Charles Moore (Rec. Doc. 2899)
September 10, 2009 Order and Reasons - Rec. Doc. 3175
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)
September 8, 2009 Pretrial Order - Rec. Doc. 3070
For the Gulf Stream trial.
September 8, 2009 Order and Reasons - Rec. Doc. 3111
Denying the MOTION in Limine to Exclude Expert Testimony of James P. Kornberg, MD, SCD (Rec. Doc. 2769)
September 8, 2009 Order and Reasons - Rec. Doc. 3094
Deferring ruling on the Motion in Limine to Exclude Expert Testimony of Patricia M. Williams, Ph.D., DABT. (Rec. Doc. 2834)
September 8, 2009 Order and Reasons - Rec. Doc. 3093
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)
September 8, 2009 Order and Reasons - Rec. Doc. 3091
Granting in part and denying in part the MOTION in Limine to Exclude Expert Testimony of Paul Hewett, Ph.D. (Rec. Doc. 2792)
September 8, 2009 Order and Reasons - Rec. Doc. 3083
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)
September 8, 2009 Order and Reasons - Rec. Doc. 3076
Denying the Motion for Summary Judgment (Rec. Doc. 2410)
September 8, 2009 Order and Reasons - Rec. Doc. 3069
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)
September 8, 2009 Order and Reasons - Rec. Doc. 3068
Denying the Motion in Limine to Exclude Evidence of Certain Formaldehyde Screening Devices (Rec. Doc. 2881)
September 8, 2009 Order and Reasons - Rec. Doc. 3067
Granting Motion in Limine to Exclude Expert Testimony of Christopher DeRosa, Ph.D. (Rec. Doc. 2872)
September 8, 2009 Order and Reasons - Rec. Doc. 3066
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)
September 4, 2009 Order and Reasons - Rec. Doc. 3054
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)
September 4, 2009 Order and Reasons - Rec. Doc. 3053
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)
September 4, 2009 Order - Rec. Doc. 3050
Detailing the discussion during the pre-trial conference for the Gulf Stream bellwether trial.
September 4, 2009 Order and Reasons - Rec. Doc. 3030
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)
September 4, 2009 Order and Reasons - Rec. Doc. 3029
Granting in part and denying in part MOTION in Limine to Exclude Evidence of or Argument Regarding Political Proceedings (Rec. Doc. 2839)
September 4, 2009 Order and Reasons - Rec. Doc. 3028
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)
September 2, 2009 Order and Reasons - Rec. Doc. 3023
Denying MOTION for Summary Judgment Based on Louisiana Tort Immunity for Contractors filed by Defendant Fluor Enterprises, Inc. (Rec. Doc. 2729)
September 2, 2009 Order - Rec. Doc. 3020
Denying MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court (Rec. Doc. 2896)
September 2, 2009 Order and Reasons - Rec. Doc. 3019
Granting MOTION in Limine filed by Defendant Fluor Enterprises, Inc. (Rec. Doc. 2893)
September 2, 2009 Order and Reasons - Rec. Doc. 3018
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)
September 2, 2009 Order and Reasons - Rec. Doc. 3012
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)
September 1, 2009 Order and Reasons - Rec. Doc. 3007
Granting MOTION in Limine to Exclude Testimony of William Dudek filed by Plaintiffs' Liaison Counsel (Rec. Doc. 2898).
September 1, 2009 Order and Reasons - Rec. Doc. 3006
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)
September 1, 2009 Order - Rec. Doc. 3005
Deferring to trial Motion in Limine to Prohibit Any Testimony or Evidence Relating to Any Non-Party Witness Medical Issues (Rec. Doc. 2801)
August 31, 2009 Order - Rec. Doc. 2993
Granting the Motion to Amend Trial I Scheduling Order (Rec. Doc. 2863).
August 31, 2009 Order - Rec. Doc. 2973
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).
August 31, 2009 Order - Rec. Doc. 2964
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.
August 26, 2009 Order and Reasons - Rec. Doc. 2857
Denying the MOTION for Partial Summary Judgment filed by Defendant (Rec. Doc. 2583).
August 26, 2009 Order and Reasons - Rec. Doc. 2856
Granting in part and denying in part the MOTION for Partial Summary Judgment filed by Defendant (Rec. Doc. 2582).
August 25, 2009 Order and Reasons - Rec. Doc. 2820
Denying Gulf Stream’s Motion for Partial Summary Judgment (Rec. Doc. 2596) on the issue of formaldehyde causing Plaintiff’s symptoms.
August 24, 2009 Order and Reasons - Rec. Doc. 2817
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).
August 24, 2009 Order and Reasons - Rec. Doc. 2816
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).
August 24, 2009 Order and Reasons - Rec. Doc. 2800
Granting in part and denying in part Gulf Stream’s Motion to Limit the Testimony of Stephen Smulski (Rec. Doc. 2349).
August 21, 2009 Order - Rec. Doc. 2807
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).
August 21, 2009 Order and Reasons - Rec. Doc. 2789
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).
August 20, 2009 Order and Reasons - Rec. Doc. 2774
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).
August 19, 2009 Order and Reasons - Rec. Doc. 2764
Granting the Motion for Partial Summary Judgment (Rec. Doc. 2260) and dismissing Plaintiffs’ LPLA claims for breach of express warranty.
August 19, 2009 Order - Rec. Doc. 2760
From its August 18, 2009 status conference, relating to juror questionnaires and extending the deadline for amending the Master Complaint.
August 18, 2009 Pretrial Order No. 44 - Rec. Doc. 2759
Relating to responsive pleadings and notices of preservation of defenses.
August 17, 2009
Amended Trial Scheduling Orders for the Forest River Rec. Doc. 2716 and the Fleetwood Rec. Doc. 2717 bellwether trials.
August 13, 2009 Orders - Rec. Doc. 2622, 2623
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.
August 13, 2009 Order and Reasons - Rec. Doc. 2621
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.
August 12, 2009 Pretrial Order No. 43 -Rec. Doc. 2602
Wherein certain bellwether trial were rescheduled.
August 11, 2009 Order -Rec. Doc. 2605
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.
August 10, 2009 Order -Rec. Doc. 2560
From August 7, 2009 status conference in chambers with liaison counsel, steering committee members, and counsel for the Government and from the general status conference, open to all counsel, in the Courtroom.
August 6, 2009 Order -Rec. Doc. 2550
Extending the witness and exhibit list deadline in the Fleetwood trial to August 24, 2009.
August 6, 2009 Order and Reasons-Rec. Doc. 2549
Denying Fleetwood Enterprises, Inc. Motion to Exclude Plaintiffs’ Testing Results (Rec. Doc. 2356).
August 5, 2009 Order -Rec. Doc. 2530
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.
August 4, 2009 Order -Rec. Doc. 2519
Extended certain deadlines for the Fleetwood bellwether trial
August 4, 2009 Pretrial Order No. 42 -Rec. Doc. 2490
With instructions for Plaintiffs filing Complaints wherein plaintiffs are not matched to a specific manufacturing defendant.
August 3, 2009 Order -Rec. Doc. 2518
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.
July 28, 2009 Order -Rec. Doc. 2367
Stating that the July 31, 2009 deadline for submitting a trial plan for the first bellwether trial is CONTINUED to Wednesday, August 12, 2009.
July 28, 2009 Order -Rec. Doc. 2361
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.
July 24, 2009 Order and Reasons - Rec. Doc. 2323
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
July 23, 2009 Order and Reasons - Rec. Doc. 2322
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.
July 22, 2009 Minute Entry -Rec. Doc. 2273
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.
July 22, 2009 Order -Rec. Doc. 2261
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.
July 20, 2009 Order -Rec. Doc. 2232
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
July 17, 2009 Order - Rec. Doc. 2201
From telephone status conference regarding mold testing in the Wright EHU.
July 16, 2009 Order - Rec. Doc. 2184
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.
July 15, 2009 Order and Reasons - Rec. Doc. 2181
Granting Gulf Stream Coach, Inc.’s Motion to Exclude the Testimony of Lila Laux (Rec. Doc. 1753).
July 13, 2009 Order and Reasons - Rec. Doc. 2149
Denying the Motion for Reconsideration (Rec. Doc. 2042) of June 30, 2009 ruling (Rec. Doc. 2009) disallowing testing for mold in the Wright EHU.
July 13, 2009 Order and Reasons - Rec. Doc. 2122
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).
July 9, 2009 Order - Rec. Doc. 2111
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).
July 7, 2009 Order - Rec. Doc. 2089
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.
July 6, 2009 Order and Reasons - Rec. Doc. 2062
Denying the Motion to Strike Certain Expert Witnesses (Rec. Doc. 1557) and offering guidance on the same.
July 2, 2009 Order and Reasons - Rec. Doc. 2034
Granting in part and denying in part the Defendant United States of America’s Motion to Strike Jury Trial Request (Rec. Doc. 1400).
June 30, 2009 Order and Reasons -Rec. Doc. 2009
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).
June 29, 2009 Order and Reasons - Rec. Doc. 2008
Granting the PSC Motion for Protective Order Regarding FEMA’s Disposition of Units (Rec. Doc. 1759).
June 29, 2009 Order -Rec. Doc. 2011
Relating to the June 26, 2009 status conferences.
June 26, 2009 Order - Rec. Doc. 1999
Extending the Non-Litigation Track.
June 24, 2009 Order and Reasons - Rec. Doc. 1939
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).
June 22, 2009 Order - Rec. Doc. 1828
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.
June 22, 2009 Order - Rec. Doc. 1825
Changing certain deadlines in the Trial I Scheduling Order.
June 22, 2009 Order -Rec. Doc. 1824
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.
June 17, 2009 Pretrial Order No. 41 - Rec. Doc. 1788
Changing the duties of a transferor court.
June 17, 2009 Pretrial Order No. 40 - Rec. Doc. 1781
Re: numerous complaints field by the Hurricane Legal Center.
June 16, 2009 Order - Rec. Doc. 1771
Appointing Dennis C. Reich and Robert M. Becnel to the Plaintiffs’ Steering Committee.
June 16, 2009 Order - Rec. Doc. 1770
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) will be heard on an expedited basis with any oppositions due by Monday, June 22, 2009 at 9:00 a.m.
June 15, 2009 - Order and Reasons - Rec. Doc. 1762
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).
June 15, 2009 Order - Rec. Doc. 1761
Denying Plaintiffs’ Steering Committee (PSC) Motion to Continue Bellwether Trial (Rec. Doc. 1694) and resetting some deadlines relating to the same.
June 15, 2009 Order - Rec. Doc. 1760
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 in the October 26, 2009 bellwether trial.
June 12, 2009 Order - Rec. Doc. 1755
Re: 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.
June 5, 2009 Order - Rec. Doc. 1680
Allowing IBS to be placed on the non-litigation track.
June 4, 2009 Scheduling order - Rec. Docs. 1691
Re: the fifth bellwether trial.
June 4, 2009 Pretrial Order No. 39 - Rec. Doc. 1679
Relating to the reopening of the application/nomination process relating to the Plaintiffs’ Steering Committee.
May 29, 2009 Order and Reasons - Rec. Doc. 1629
Granting Manufacturing Housing Defendants’ Joint Rule 12(b)(6) Motion to Dismiss Based on Federal Preemption (Rec. Doc. 1192).
May 28, 2009 Order -Rec. Doc. 1604
Allowing contractor defendant Bechtel National, Inc. to participate in pre-trial discovery scheduled in this MDL.
May 27, 2009 Order - Rec. Doc. 1603
Hearing before Magistrate Chasez, wherein Keystone’s Motion to Compel Medical Exam of Plaintiff, Diana Bell (Rec. doc. 1560) was granted and Plaintiff was ordered to submit to an IME at East Jefferson Hospital on June 2, 2009 at 9:00 a.m.
May 27, 2009 Pretrial Order No. 38 -Rec. Doc. 1596
Relating to multiple plaintiff filings in the Eastern District of Louisiana.
May 22, 2009 Order - Rec. Doc. 1595
Telephone conference 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.
May 22, 2009 Order - Rec. Doc. 1567
Allowing Ronnie G. Penton to withdraw as a member of Plaintiffs’ Steering Committee.
May 18, 2009 Order and Reasons -Rec. Doc. 1547
Granting Gulf Stream’s Motion for Protective Order Regarding Re-Testing of Plaintiffs' Emergency Housing Unit (Rec. Doc. 1373).
May 15, 2009 Order and Reasons - Rec. Doc. 1493
Granting Fleetwood Enterprises, Inc.'s Motion for Protective Order Regarding Re-Testing of Plaintiffs' Temporary Housing Unit (Rec. Doc. 1396).
May 8, 2009 - [Rec. Doc. 1457]
Re: 5/8/09 conference with liaison counsel, committee members, Government counsel, and all other counsel
May 5, 2009 Order [Rec. Doc. 1411]
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.
May 4, 2009 Order [Rec. Doc. 1408]
Granting Destiny Industries, LLC, Lexington Homes, Inc., and TownHomes, LLC leave to join the non-litigation track.
April 29, 2009 Order and Reasons [Rec. Doc. 1391]
Denying the 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).
Pretrial Order No. 37 [Rec. Doc. 1387]
Relating to the direct filing of cases in claims against manufactured home defendants , where the Government is not a party.
Pretrial Order No. 36 [Rec. Doc. 1386]
Amending Pretrial Order No. 2 and reflecting the agreement between the parties with respect to case management issues governing all post-class certification hearing proceedings in this matter.
April 28, 2009 Order [Rec. Doc. 1378]
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.
4/20/2009 Order [Rec. Doc. 1345]
Granting leave to file a Second Amended Complaint in member case no. 07-9228.
4/20/2009 Order [Rec. Doc. 1343]
Continuing the deadline contained in the April 9, 2009 Order (Rec. Doc. 1316), pertaining to the selection of a fifth bellwether defendant.
4/16/2009 Order [Rec. Doc. 1335]
Relating to a juror questionnaire.
4/13/2009 Order [Rec. Doc. 1330]
Canceling the April 29, 2009 oral argument on the Motion to Dismiss (Rec. Doc. 1324).
4/13/2009 Order [Rec. Doc. 1320]
Regarding objections to direct filings into the MDL in cases that do not involve the Government.
4/9/2009 Order [Rec. Doc. 1316]
regarding proposals for a bellwether plaintiff who corresponds to a specific manufacturer to participate in a fifth bellwether trial.
4/8/2009 [Rec. Doc. 1310]
Pilgrim International, Inc. Issued a Notice of Bankruptcy Filing.
4/8/2009 Scheduling Orders [Rec. Docs. 1305, 1306, 1307, and 1308]
Issued for four bellwether trials.
Pretrial Order No. 35 [Rec. Doc. 1300]
Relating to the selection of defendant manufacturer for a fifth bellwether trial.
Pretrial Order No. 34 [Rec. Doc. 1299]
Selecting bellwether plaintiffs.
3/31/2009 Orders [Rec. Docs. 1254, 1261, 1274, and 1280]
Granting motions for leave to file the Second Amended Complaints in member case no. 07-5709.
3/26/2009 Order [Rec. Doc. 1228]
Granting the Motion to Substitute Party CH2M Hill Constructors, Inc. and Shaw Environmental, Inc. in place of CH2M Hill, Inc. and Shaw Group.
3/20/2009 Pretrial Order No. 33 [Rec. Doc. 1193]
Conference with liaison counsel, committee members, Government counsel, and all other counsel)
3/20/2009 Order [Rec. Doc. 1190]
Granting in part and denying in part the Motion for Approval of Court Notice to Former Class Members.
3/20/2009 Order [Rec. Doc. 1187]
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)
3/20/2009 Order and Reasons [Rec. Doc. 1186]
Denying the Motion for Direct Filing into the Eastern District of Louisiana (Rec. Doc. 1076)
3/18/2009 Order [Rec. Doc. 1184]
Appointing David Kurtz to serve as liaison counsel for the contractor defendants.
3/18/2009 Pretrial Order No. 32 [Rec. Doc. No. 1180]
Which amends Pre Trial Order No. 2 (Rec. Doc. 87) in several respects regarding the service of Plaintiff Fact Sheets.
3/13/2009 a minute entry [Rec. Doc. 1170]
Magistrate Chasez granted Plaintiffs’ motion to quash (Rec. Doc. 1148).
3/12/2009
A notice of bankruptcy filing was entered by Fleetwood Enterprises, Inc. [Rec. Docs. 1167]
3/11/009
Notices of bankruptcy filing were entered by Fleetwood Enterprises, Inc. [Rec. Docs. 1173, 1174, 1175, 1176, 1177, 1178, 1179]
3/10/2009
Notices of bankruptcy filing were entered by Monaco Coach Corporation [Rec. Doc. 1157] and R-Vision, Inc. [Rec. Doc. 1158]
3/5/2009 Pretrial Order No. 31 - Rec. Doc. No. 1144
Requiring 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.
3/2/2009 Transfer Order -Rec. Doc. 1147
From the MDL panel- (re: Green v. Fleetwood).
2/26/2009 Pretrial Order No. 30 - Rec. Doc. No. 1125
Amending paragraph (8) of Pretrial Order No. 28 (Rec. Doc. 1096), appointing members to the Contractor Defendants’ Steering Committee.
2/12/2009 Pretrial Order No. 29 - Rec. Doc. No. 1103
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.
2/12/2009 Order - Rec. Doc. 1101
Re: appointing Mikal C. Watts to the Plaintiffs’ Steering Committee
2/11/2009 Order - Rec. Doc. No. 1100
Re: granting Motion to Dismiss Complaint by Silver Creek Homes, Inc. (Rec. Doc. No. 1068)
2/10/2009 Pretrial Order No. 28 - Rec. Doc. 1096
Motion for Direct Filing into the Eastern District of Louisiana" (Rec. Doc. 1076) on or before Wednesday, February 18, 2009; any reply thereto should be submitted as promptly as possible; that on or before March 23, 2009, the parties shall submit the names of no less than 50 potential bellwether trial plaintiffs. From these names, one plaintiff for each of four bellwether jury trials shall be selected. The manufacturer defendants for these four trials shall be the four estimated to have the most emergency housing units (EHU’s) at issue in this proceedings. These four manufacturers are Gulf Stream, Fleetwood, Forest River, and Keystone RV. Only plaintiffs who have identified and sued one of the aforementioned four manufacturers, the relevant contractor, and the Government are eligible to serve as bellwether trial plaintiffs. In addition, for defendants Gulf Stream and Fleetwood, the bellwether plaintiffs must be selected from those plaintiffs for whom Plaintiff Fact Sheets already have been obtained and provided to the defendants. With respect to defendants Forest River and Keystone RV, Plaintiff Fact Sheets for plaintiffs serving as potential bellwether trial plaintiffs cases, if not already obtained and provided to the defendants, must be submitted no later than February 28, 2009. In addition, actions chosen for bellwether trials must have proper venue in the Eastern District of Louisiana, unless the parties in question consent to trial in this district. Finally, the names of potential bellwether trial plaintiffs submitted to the Court shall be separated by the four manufacturer defendants. Unless otherwise ordered, the four bellwether jury trials shall be held on September 14, 2009, October 26, 2009, December 7, 2009, and January 11, 2010, at 8:30 a.m. (4) Unless otherwise ordered, the pre-trial conference for the September 14th trial shall be Thursday, September 3, 2009, at 10:30 a.m.; the pre-trial conference for the October 26th trial shall be Thursday, October 15, 2009, at 10:30 a.m.; the pre-trial conference for the December 7th trial shall be Thursday, November 19, 2009, at 10:30 a.m.; and the pre-trial conference for the January 11th trial shall be Thursday, December 17, 2009, at 10:30 a.m.Counsel for the parties are to utilize the four trial and pre-trial conference dates stated herein to confect scheduling orders establishing pre-trial deadlines. These scheduling orders are to be submitted to the Court on or before Thursday, February 12, 2009.The parties are to submit a proposed amendment to Pre-Trial Order No. 2, relative to Plaintiff Fact Sheets, on or before Tuesday, February 10, 2009. (7) Opposition(s) to the "PCS’s Motion for Approval of Court Notice for Former Class Members" (Rec. Doc. 1095) must be submitted on or before Thursday, February 12, 2009. (8) The Court finds it appropriate to select an attorney to represent the contractor defendants as liaison counsel and to serve as a member of the Defendants’ Steering Committee. Unless an agreement as to the person appropriate for these positions can be reached no later than Friday, February 13, 2009, attorneys for those defendants will have until Thursday, February 26, 2009, to submit an application for the position to the Court.
2/4/2009 Order - Rec. Doc. 1086
Re: granting leave to Quinnan Johnson and Joy Johnson to file First Amended Complaint - Rec. Doc. No. 1087.
2/4/2009 Order - Rec. Doc. No. 1083
Re: granting leave to Henry Gautreaux to file Second Amended Complaint - Rec. Doc. No. 1084.
1/30/2009 Order - Rec. Doc. No. 1079
Re: granting leave to Robert Devlin, Luca Devlin and Johnnie Speer to file First Amended Complaint - Rec. Doc. No. 1080.
1/22/2009 Pretrial Order No. 27 - Rec. Doc. 1066
Status conference held in chambers on 1/16/2009 with liaison counsel, steering committee members and counsel for the Government; and a general status conference was also held with all counsel. The Court granted as unopposed Plaintiffs’ Second Motion for Leave to File First Supplemental and Amending Complaint in Aldredge, et al. v. Gulf Stream Coach, Inc., et al., No. 07-9228 (Rec. Doc. 1052) as it is an amended pleading without class action allegations; the Court cancelled the January 28, 2009 hearing on Heartland Recreation Vehicles, LLC’s and Timberland RV Company’s Joint Motion to Dismiss the Second Supplemental and Amended Master Complaint (Rec. Doc. 1027) ordering counsel to confer regarding the matters addressed in the motion, and liaison counsel and counsel for the Government are to advise on or before January 30, 2009 the matters raised therein that still remain in dispute - a new hearing date for the motion will be established, if necessary; counsel are to confer to determine the matters to which they can agree regarding the Manufacturing Defendants’ Joint Motion to Adopt Proposed Case Administration Order (Rec. Doc. 1026); liaison counsel and counsel for the Government shall provide a status report to the Court on or before January 30, 2009; the January 28, 2009 hearing date presently set for this motion is cancelled and a new hearing date, if necessary, will be established at a later date; if there is any disagreement amongst the parties as to the impact of the Court’s October 3, 2008 ruling (Rec. Doc. 717) on claims involving mobile homes, a motion for clarification of that aspect of the ruling should be filed and set for hearing; counsel are to continue to confer regarding the proper content/timing/means of issuing notice of the Court’s denial of class certification in this matter. Liaison counsel and counsel for the Government are to provide the Court with a report of these efforts on or before January 30, 2009; Plaintiffs shall file a motion relative to the possibility of actions being filed directly into this MDL proceeding, rather than being filed elsewhere and then transferred by the MDL panel; a proposed amendment to Pre-Trial Order #2, relative to plaintiff fact sheets, shall be submitted to the Court on or before January 30, 2009; counsel are to submit a revised version of Joint Report No. 8 of Liaison and Government Counsel for filing into the record. Another status conference with liaison counsel, steering committee members and counsel for the Government, and a general status conference, will be held on March 20, 2009.
1/21/2009 Pretrial Order No. 22 - Rec. Doc. 1063
VACATED by Order dated 1/22/2009 (Rec. Doc. 1065).
1/21/2009 Order - Rec. Doc. 1061
Re: granting as unopposed defendant ScotBilt Homes, Inc.’s Motion to Dismiss (Rec. Doc. 996) which effectively dismissed without prejudice Plaintiffs’ claims against Defendant ScotBilt Homes, Inc.
1/6/2009 Pretrial Order No. 26 - Rec. Doc. 1022
Re: sale and destructive/component part testing of emergency housing units.
12/31/2008 Order - Rec. Doc. 1017
Re: granting as unopposed the Motion to Dismiss on Behalf of American 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.
12/31/2008 Order - Rec. Doc. 1016
Re: 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.
12/30/2008 Order and Reasons - Rec. Doc. 1015
Re: Denial of 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
12/29/2008 Order and Reasons - Rec. Doc. 1014
Re: Denial of class certification
12/22/2008 Order - Rec. Doc. 1011
Re: Destructive testing of EHUs
12/19/2008 Amended Pretrial Order - Rec. Doc. 1009
Re: Class Certification
12/19/2008 Order - Rec. Doc. 1006
Re: Amending the previous order relating to Plaintiffs’ Counsel Time and Expense Submissions
Pretrial Order No. 25 - Rec. Doc. 1003
Re: the continuance of certain motions filed by Defendants on the Non-Litigation Track
Pretrial Order No. 24 - Rec. Doc. 1002
Re: the Non-Litigation Track for certain Defendants that manufactured HUD-regulated homes
12/15/2008 Order - Rec. Doc. 989
Re: the submission of a joint proposed order regarding the destructive testing of EHUs
12/15/2008 Order - Rec. Doc. 988
Re: 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.
12/12/2008 Order - Rec. Doc. 985
Re: 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)
12/12/2008 Order and Reasons - Rec. Doc. 984
Re: 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)
12/11/2008 Order - Rec. Doc. 982
Re: denial 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) of 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)
12/10/2008 Order - Rec. Doc. 974
Re: denying as moot Giles Industries, Inc.’s and SunRay RV, LLC’s Motion for Summary Judgment (Rec. Doc. 970)
12/10/2008 Order - Rec. Doc. 973
Re: 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")
12/10/2008 Order - Rec. Doc. 972
Re: 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)
12/1/2008 Order - Rec. Doc. 954
Re: granting of the Manufacturing Defendants’ Unopposed Motion to Withdraw Motion to Exclude the Testimony of Dr. Kenneth Paris
12/1/2008 Order and Reasons - Rec. Doc. 948
Re: denial in part and granting in part of the Manufacturing Defendants’ Motion to Strike certain class representatives (Rec. Doc. 920)
12/1/2008 Order and Reasons - Rec. Doc. 947
Re: granting of 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)
11/26/2008 Order and Reasons - Rec. Doc. 941
Re: denial of Plaintiffs Steering Committee’s Motion for Reconsideration of Dismissal of Morgan’s Rule 12(b)(1) Class Claims (Rec. Doc 909)
11/24/2008 Order - Rec. Doc. 923
Re: hearing Rec. Doc. 909 on an expedited basis
11/24/2008 Order - Rec. Doc. 921
Re: 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
11/19/2008 Disclosure - Rec. Doc. 928
Re: lack of counsels’ objection to Amanda Ballay continuing to serve as the specially-designated MDL law clerk on this matter
Pretrial Order No. 23 - Rec. Doc. 917
Re: further instructions regarding the filing of motions
Pretrial Order No. 22 - Rec. Doc. 918
Re: specific instructions regarding mailing items to government counsel
11/13/2008 Order - Rec. Doc. 900
Re: denying the Motion to Reconsider Order (Rec. Doc. 720) or, in the Alternative, to Certify for Interlocutory Appeal
11/13/2008 Order - Rec. Doc. 893
Re: granting as unopposed the Motion for Summary Judgment (Rec. Doc. 779), filed by Phillips Products, Inc.
11/12/2008 Order and Reasons - Rec. Doc. 884
Re: denying the Rule 12(b) Motion to Dismiss, filed by Defendant Horton Homes, Inc. ("Horton"
11/7/2008 Order and Reasons - Rec. Doc. 844
Re: granting Morgan’s motion in limine to exclude evidence of class action claims
Pretrial Order No. 21 - Rec. Doc. 862
Re: 11/7/08 conference with liaison counsel, committee members, Government counsel, and all other counsel
11/6/2008 Order and Reasons - Rec. Doc. 842
Re: granting Morgan’s Rule 12(b)(1) Motion to Dismiss
11/4/2008 Order - Rec. Doc. 830
Re: granting the unopposed motion for leave to conduct depositions of newly added Defendants’ putative class representatives
Pretrial Order No. 20 - Rec. Doc. 828
Re: revisions to Pretrial Order No. 17, relative to the deadlines for filings and responding to Daubert challenges
11/3/2008 Order and Reasons - Rec. Doc. 800
Re: granting the dismissal of Newly Added Defendant, Indiana Building Systems, L.L.C., d/b/a Holly Park ("IBS"
10/30/2008 Order - Rec. Doc. 783
Re: recusal of Magistrate Roby
10/29/2008 Order - Rec. Doc. 776
Re: subpoenas and FOIA requests issued to the DOE, Lawrence Livermore Laboratory, Berkeley, California, and the Bureau Veritas North America, Inc; and Re: governmental testing by these entities of FEMA EHUs of individuals represented by counsel.
10/17/2008 Order - Rec. Doc. 740
Re: 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
10/6/2008 Order and Reasons - Rec. Doc. 720
Re: leave of Court granted for Plaintiff’s to file their Second Supplemental and Amended Complaints
Pretrial Order No. 19 - Rec. Doc. 719
Re: rules regarding deposition conduct
10/3/2008 Order and Reasons - Rec. Doc. 717
Re: the granting in part and denial in part of 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)
10/1/2008 Stipulated Protected Order - Rec. Doc. 714
Re: production of documents
Pretrial Order No. 18 - Rec. Doc. 713
Re: 9/26/08 conference with liaison counsel, committee member, Government counsel, and all other counsel
9/24/2008 Order and Reasons - Rec. Doc. 706
Re: the granting in part and denial in part of the Manufacturing Defendants' Motion to Strike (Rec. Doc. 696) relating to the list of proposed class representatives
Pretrial Order No. 17 - Rec. Doc. 700
Re: revisions 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)
Pretrial Order No. 16 - Rec. Doc. 695
Re: revision of Pretrial Order No. 13 relating to deadline for the submission of Defendants' expert reports, affidavits, and resumes of all experts to be called at the class certification hearing
9/9/2008 Order - Rec. Doc. 688
Re: continuation of the class certification hearing/submission deadline from November 19, 2008 to Wednesday, December 3, 2008 at 9:00 a.m. - along with other related deadlines
8/25/2008 Order - Rec. Doc. 689
Re: granting of the Joint Motion For Disclosure of Plaintiff Testing Activity (Rec. Doc. 339)
8/22/2008 - Rec. Doc. 666
List of proposed class representatives
Pretrial Order No. 15 - Rec. Doc. 658
Re: 8/15/08 conference with liaison counsel, committee member, Government counsel, and all other counsel
8/11/2008 Order - Rec. Doc. 639
Re: extension of time to submit Protective order
8/7/2008 Order - Rec. Doc. 625
Re: clarification of what effect Pretrial Order No. 14 (Rec. Doc. 625) has on Magistrate Judge's August 1, 2008 Order (Rec. Doc. 601)
Pretrial Order No. 14 - Rec. Doc. 605
Re: second extension of deadline for responding to Master Set of Interrogatories and Requests for Production of Documents
8/1/2008 Order - Rec. Doc. 604
Re: Court's ruling on certain other motions to dismiss based on its previous Order and Reasons located at Rec. Doc. 599
8/1/2008 Order - Rec. Doc. 601
Re: Magistrate Roby's order relative to case management and discovery
8/1/2008 Order and Reasons - Rec. Doc. 599
Re: Court's determination on lack of standing
Order 7/31/2008 Order - Rec. Doc. 600
Re: Defendants' Motion for Protective Order Regarding Electronic Discovery (Rec. Doc. 531)
Order 7/29/2008 Order - Rec. Doc. 592
Re: Plaintiff's Motion for Entry of Proposed "Stipulated Protected Order" (Rec. Doc. 538)
Pretrial Order No. 13 - Rec. Doc. 564
Re: revisions made to Pretrial Order No. 8
Order and reasons 7/9/2008 - Rec. Doc. 506
Re: Motion for Protective Order on Merits Discovery (Rec. Doc. 408)
Order 7/2/2008 - Rec. Doc. 427
Re: 30(b)(6) Depositions
Pretrial Order No. 12 - Rec. Doc. 406
Re: first extension of deadline for responding to Master Set of Interrogatories and Requests for Production of Documents)
Order 6/26/2008 - Rec. Doc 399
Re: testing deadline for new and unused units in Hope, Arkansas
Pretrial Order No. 11 - Rec. Doc. 375
Re: 6/20/08 conference with liaison counsel, committee member, Government counsel, and all other counsel.
Order and Reasons 6/10/08 - Rec. Doc. 328
Re: Denial of motions to stay and/or extend discovery, testing, and procedural deadlines
Pretrial Order No. 10 - Rec. Doc. 301
Re: Specific rules regarding motion practice
Pretrial Order No. 9 - Rec. Doc. 297
Re: Denial of Plaintiffs’ Steering Committee’s (PSC) Motion to Compel Defendant United States/FEMA to Respond to Subpoena for Certain Information
Pretrial Order No. 8 - Rec. Doc. 287
Re: Additional deadlines relating to class certification set
Pretrial Order No. 7 - Rec. Doc. 188
Re: 5/9/08 conference with liaison counsel, committee member, Government counsel, and all other counsel
Pretrial Order No. 6 - Rec. Doc. 135
Re: Deadlines relating to class certification set
Pretrial Order No. 5 - Rec. Doc. 134
Re: certain deadlines set; Plaintiff’s motion to compel ruled upon
Pretrial Order No. 4 - Rec. Doc. 130
Re: Deadlines relating to trailer testing amended and set
Pretrial Order No. 3 - Rec. Doc. 123
Re: Trailer testing deadlines set
Order 3/24/08 - Rec. Doc. 115
Re: Plaintiffs’ Counsel’s Time and Expense Submissions
Order 3/20/08 - Rec. Doc. 112
Re: 3/20/08 conference with liaison counsel, committee member, Government counsel, and all other counsel
Order 3/7/08 - Rec. Doc. 106
Re: Court approval of final version of Plaintiff Fact Sheet
Order 3/4/08 - Rec. Doc. 104
Re: Privacy Act
Order 2/15/08 - Rec. Doc. 93
Re: Plaintiff Fact Sheets
Order 2/6/08 - Rec. Doc. 91
Re: Extension of deadline for filing Master Complaint
Pretrial Order No. 2 - Rec. Doc. 87
Re: Listing of deadlines, including deadline for filing Master Complaint; Discussion of Discovery Guidelines and Plaintiff Fact Sheets
Order 1/17/08 - Rec. Doc. 82
Re: 1/17/08 General Status Conference
Order 1/2/08 - Rec. Doc. 75
Re: Denial of Motion to Amend Protective Order
Order 12/27/07 - Rec. Doc. 74
Re: Denial of Motion for Preliminary Injunction (Rec. Doc. 8)
Protective Order 12/20/07 - Rec. Doc. 69
Re: Protocol for Testing Trailers
Order 12/18/07 - Rec. Doc. 66
Initial Conference with Liaison Counsel
Protective Order 12/13/07 - Rec. Doc. 55
Re: FEMA Testing of Housing Units
Order 12/11/07 - Rec. Doc. 49
Appointments to Plaintiff’ and Defendants’ Steering Committees
Pretrial Order No. 1 - Rec. Doc. 5
Initial Case Management Order
MDL Transfer Order - Rec. Doc. 1
Order from MDL Panel transferring In Re: FEMA Trailer Formaldehyde Products Liability Litigation to Eastern District of Louisiana, Section N
Joint Report No. 31 Rec. Doc. 25638 (5/23/2012)
Joint Report No. 30 Rec. Doc. 25319 (3/27/2012)
Joint Report No. 29 Rec. Doc. 24394 (2/6/2012)
Joint Report No. 28 Rec. Doc. 24116 (1/11/2012)
Joint Report No. 27 Rec. Doc. 23611 (11/23/2011)
Joint Report No. 26 Rec. Doc. 23400 (11/02/2011)
Joint Report No. 25 Rec. Doc. 22939 (9/21/2011)
Joint Report No. 24 Rec. Doc. 22217 (7/20/2011)
Joint Report No. 23 Rec. Doc. 21217 (5/16/2011)
Joint Report No. 22 Rec. Doc. 20624 (3/25/2011)
Joint Report No. 21 Rec. Doc. 20168 (2/4/2011)
Joint Report No. 20 Rec. Doc. 18458 (12/6/2010)
Joint Report No. 19 Rec. Doc. 17351 (10/26/2010)
Joint Report No. 18 Rec. Doc. 15837 (8/25/2010)
Joint Report No. 17 Rec. Doc. 14819 (7/15/2010)
Joint Report No. 16 Rec. Doc. 14078 (5/12/2010)
Joint Report No. 15 Rec. Doc. 13042 (3/15/2010)
Joint Report No. 14 Rec. Doc. 10417 (1/20/2010)
Joint Report No. 13 Rec. Doc. 5959 (10/28/2009)
Joint Report No. 12 Rec. Doc. 2604 (8/12/2009)
Joint Report No. 11 Rec. Doc. 2012 (6/30/2009)
Joint Report No. 10 Rec. Doc. 1458 (5/8/2009)
Joint Report No. 9 Rec. Doc. 1220 (3/26/2009)
Joint Report No. 8 Rec. Doc. 1075 (01/30/2009)
Joint Report No. 7 Rec. Doc. 851 (11/10/2008)
Joint Report No. 6 Rec. Doc. 712 (09/30/2008)
Joint Report No. 5 Rec. Doc. 653 (08/18/2008)
Joint Report No. 4 Rec. Doc. 387 (06/24/2008)
Joint Report No. 3 Rec. Doc. 190 (05/14/2008)
Joint Report No. 2 Rec. Doc. 111 (03/21/2008)
Joint Report No. 1 Rec. Doc. 89 (02/01/2008)
Status Conferences:
Motion Hearings: