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MDL - 2047 Chinese-Manufactured Drywall Products Liability Litigation
Order and Reasons
On this date, the Court allocated common benefit fees and costs with respect to the Taishan Settlement and the Allen Settlement.
Order and Reasons
The Court granted final approval of the Taishan Settlement Agreement and established the award of attorney fees.
Order and Reasons
The Court granted preliminary approval of the Taishan Settlement Agreement.
Allocation and Model Report
The Court-appointed Settlement Special Master, who has performed extensive work in this matter, has provided the posted report to the Court.
Order and Reasons
On this date, the Court allocated common benefit fees and costs with respect to the Knauf aspect of the Chinese Drywall litigation.
Notice of Proposed Settlement
PORTER-BLAINE/VENTURE SUPPLY CLASS - ALLEN SETTLEMENT
NOTICE OF PENDENCY OF PROPOSED SETTLEMENT AGREEMENT OF ASSIGNED CLAIMS IN MDL NO. 2047 ON BEHALF OF THE
PORTER-BLAINE/VENTURE SUPPLY CLASS REGARDING CLAIMS ASSIGNED TO THE CLASS BY THE PORTER-BLAINE/
VENTURE PARTICIPATING DEFENDANTS AND PARTICIPATING INSURERS AGAINST TAISHAN GYPSUM CO. & TAIAN TAISHAN PLASTERBOARD CO., LTD.
Beginning April 27, 2018, Assigned Claims Settlement papers may be examined at the offices of Russ M. Herman or Richard Serpe. Objections to the Assigned Claims Settlement must be mailed to Arnold Levin, Russ Herman and Richard Serpe on or before June 27, 2018.
Joint Fairness Hearing at United States Courthouse for the Eastern District of Louisiana, 500 Poydras Street, Room C-456, New Orleans, LA 70130 and at the Norfolk Circuit Court, 100 St Paul’s Blvd., Norfolk, VA 23510 (DATE/TIME: July 18, 2018 at 10:00 a.m. Central Time in New Orleans, LA and 11:00 a.m. Eastern Time in Norfolk, VA)
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 23, 2018. Due to technological problems, the AT&T Conference Line was dropped during the January 2018 Status Conference. The Court will upload the transcript from the status conference once it receives an official copy from the Court Reporter.
In light of parties' request and Hurricane Irma, the Monthly Status Conference currently scheduled for September 8, 2017 is hereby CANCELLED. The Court may set another monthly status conference for later this month.
Exhibit
On this date, in accordance with PTO 28, Brown Greer, the Court-appointed Settlement Administrator, provided a list of claimants who have not yet cashed their settlement checks from the settlement administrator. A list of those individuals is attached in the following Exhibit.
Exhibit, Notice of Compliance
On this date, in accordance with PTO 28(F), Brown Greer, the Court-appointed Settlement Administrator, provided notice to each individual counsel of the actual recovery amount(s) of each claimant represented by the individual counsel identified in an Exhibit attached to the Notice of Compliance.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court held a class damages hearing.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court entered Pretrial Order #1J into the record, regarding preservation and disposal of physical evidence.
On this date, the Court heard arguments on the PSC's motion to preclude Taishan and affiliates from participating in the class damages hearing until Taishan purges itself of contempt. Minute Entry.
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
On this date, the Court issued Pretrial Order #29 to approve procedures for the payment of "Other Loss Claims." PTO #29
December 17, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
November 25, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
October 21, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
September 18, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation
August 13, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
July 17, 2014
On this date, the Court conducted a Judgment Debtor Examination. Defendant Taishan Gypsum refused to appear as required by the Court's prior order. Consequently, the Court held Taishan Gypsum in contempt of court and issued appropriate sanctions. CONTEMPT ORDER
Also on this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation
June 17, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
May 20, 2014
On this date, the United States Court of Appeals for the Fifth Circuit issued an OPINION in the Mitchell, Gross, and Wiltz cases. The Fifth Circuit affirmed this Court's previous decision regarding this Court's jurisdiction over Defendant Taishan Gypsum Company, Limited and Tai'an Taishan Plasterboard Company, Limited.
Also on this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation
May 2, 2014
On this date, the U.S. Department of Health and Human Services issued a REPORT regarding the possible health implications from exposure to sulfur gases emitted from Chinese-manufactured drywall
April 17, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the status of the claims submission process as well as important contact information for the Settlement Administrator. Presentation.
March 13, 2014
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation
January 28, 2014
On this date, the United States Court of Appeals for the Fifth Circuit issued an opinion in the Germano matter. The Fifth Circuit affirmed this Court's previous decision regarding this Court's jurisdiction over Defendant Taishan Gypsum Co. Ltd.
December 9, 2013
On this date, the Court issued an Order approving the Other Loss Claim Form in each of the Four Virginia-based Chinese Drywall Class Settlements. The Other Loss claim filing deadline is March 17, 2014.
October 24, 2013
On this date, the Court issued an Order approving the Real Property Claim Form and establishing the real property claim filing deadline of December 16, 2013 in each of the four Virginia-based Chinese Drywall Class Settlements.
Online Video Tutorials for Claim Submission
The Court has ordered that a Settlement Administrator create a system for the submission and management of claims for five interrelated settlements involving the Knauf entities, several downstream entities, and their insurers. Pursuant to the Court's instructions, the Settlement Administrator has created a series of online training videos to assist claimants in using the Chinese Drywall Settlement Program Web Portal to submit and manage claims. These training videos provide step-by-step instructions for submitting online Claim Forms. All videos will open in Windows Media Player. If you have questions about the online claim filing system, or if you would like a live tutorial, email CDWQuestions@browngreer.com or call (866) 866-1729 to contact the Settlement Administrator directly. Please do not contact the Court with questions about the claim filing system.
September 17, 2013
On this date, the Court heard a presentation by Brown Greer, the Settlement Administrator in this case. The following presentation includes information about the claims submission process as well as important contact information for the Settlement Administrator. Presentation
July 9, 2013
On this date, the Court issued an Order and Judgment certifying settlement classes and granting final approval to four pending settlements (the “Virginia Settlements”) involving claims brought by certain homeowners located primarily in Virginia against several downstream entities and their insurers. (R. Doc. 16934).
June 24, 2013
On this date, the Court issued an Order extending the registration deadline relating to the five inter-related settlements involving claims against the Knauf entities, certain downstream entities, and their insurers. The claims registration deadline is now July 8, 2013.
April 25, 2013
On this date, the Court issued an Order Appointing a Special Master to Assist the Court in the Allocation of Funds From the Four Class Settlements Relating to Virginia and Certain Other Remaining Claims. The Court also issued an Order Appointing an Allocation Committee for the Four Class Settlements Relating to Virginia and Certain Other Remaining Claims. Finally, the Court issued an Order Appointing Allocation Committees for the INEX and Global Settlements and Approving Allocation Plans for the INEX, Banner and Global Settlements.
April 9, 2013
On this date, the Court issued an Order extending deadlines relevant to the Virginia settlements. The objection and opt-out deadline is now May 16, 2013. The Fairness Hearing will take place following the May Monthly Status Conference, on May 21, 2013. The proposed allocation plan can be found here.
March 27, 2013
On this date, the Court issued an Order governing registration of claims for five pending settlements involving the Knauf entities, several downstream entities, and their insurers. The registration form is available at https://chinesedrywallclass.com. The form may also be submitted in hard copy form and is attached to the Order. All registration forms must be submitted on or before Saturday, May 25, 2013.
March 21, 2013
On this date, the Court issued an Order setting for hearing a Motion seeking approval of proposed allocation plans for the Banner, Global, and INEX settlements. The Banner allocation plan can be found here. The Global allocation plan can be found here. The INEX allocation plan can be found here.
February 7, 2013
On this date, the Court issued an Order and Judgment certifying settlement classes and granting final approval to five pending settlements involving the Knauf entities, several downstream entities, and their insurers. (R. Doc. 16570).
December 11, 2012
On this date, the Court issued a Judgment in favor of Defendant Interior Exterior Building Supply, L.P. and its insurer, North River Insurance Company, in accordance with the jury verdict in this bellwether trial. The jury found that Interior Exterior was not liable as a bad faith seller under Louisiana’s law of redhibition.
October 16, 2012
On this date, the Court issued an Order setting deadlines relevant to the Joint Fairness Hearing on all pending settlements, which is scheduled to begin on November 13, 2012. (R. Doc. 15951)
September 4, 2012
On this date, the Court issued an Order & Reasons denying Taishan's personal jurisdiction challenges and its request to vacate default judgments. (R. Doc. 15755).
June 4, 2012
On this date, the Court issued an Order consolidating, continuing, and scheduling relevant deadlines for the settlement agreements which have received preliminary approval from the Court.
March 29, 2012
On this date, the Court issued Pretrial Order 26, regarding already remediated homes.
March 20, 2012
On this date, the Court issued Pretrial Order 8B reappointing members to the Plaintiffs' Steering Committee for one year.
March 16, 2012
On this date, the Court issued Pretrial Order 9A regarding reporting common benefit time by state court counsel.
March 12, 2012
On this date, the members of the Banner Settlement Allocation Committee filed their Notice of Proposed Allocation Plan (R. Doc. 12912).
March 5, 2012
On this date, the Court issued an Order continuing the deadlines for the Interior Exterior settlement agreement, including the date for the Allocation Committee report and the date for opt-outs and objections.
Also on this date, the Court issued an Order staying claims as a result of the Knauf Settlement Agreement and preliminary approval thereof.
February 10, 2012
On this date, the Court issued an Order resetting the Banner Allocation Committee report deadline and continuing the opt-out and objection deadlines for the Banner and Interior Exterior settlement agreements.
January 24, 2012
On this date, the Court issued Pretrial Order 1I regarding the preservation of physical evidence.
January 10, 2012
On this date, the Court issued an Order preliminarily approving the Knauf Settlement Agreement, issuing Class Notice, scheduling a settlement Fairness Hearing, and staying claims as to the Knauf defendants. See (R. Doc. 12138)
December 20, 2011
On this date, the Plaintiffs’ Steering Committee and Knauf Plasterboard Tianjin filed their global, class action Settlement Agreement with the Court, as well as a joint Motion for Preliminary Approval of this Agreement. See (R. Doc. 12061).
December 16, 2011
On this date, the Court issued orders continuing the dates for opt-outs and objections to the Banner and InEx class action settlement agreements.
December 15, 2011
On this date, the Court announced the global, class action settlement agreement between the Plaintiffs’ Steering Committee and Knauf Plasterboard Tianjin.
November 18, 2011
On this date, the Court issued two orders continuing relevant dates for the Interior Exterior and Banner settlement agreements, including the dates for opt-outs/objections and the fairness hearings. The Interior Exterior Order can be found here. The Banner Order can be found here.
November 16, 2011
On this date, the Court approved the Term Sheet Agreement for the Knauf Entities Settlement Agreements with Homebuilders. See (R. Doc. 10252). A copy of this Term Sheet without the sealed, confidential exhibits can be found here.
November 4, 2011
On this date, the Court issued Pretrial Order 25 regarding deadlines for submission of profile forms.
September 9, 2011
On this date, the Court issued an Order & Reasons resolving in part discovery issues involving the Taishan entities.
August 25, 2011
On this date the Court issued an Order Adjourning the Formal Fairness Hearing and Extending the Opt-out/Objection Period. See (R. Doc. 10185). This Order continues the dates for the opt-out and objection period and the formal fairness hearing on the Interior Exterior Settlement Agreement, rescheduling such dates so they are consistent with those for the Banner Settlement Agreement.
August 11, 2011
On this date the Court issued the Preliminary Approval Order of the Amended Banner Class Settlement Agreement and Exhibits. See (R. Doc. 10064). The Class Notice is attached to this Order.
June 14, 2011
On this date the Banner Settlement Agreement was announced, and the settling parties filed a Joint Motion for an Order: (1) Preliminarily Approving Stipulation and Agreement of Settlement; (2) Conditionally Certifying Class; (3) Issuing Class Notice; and (4) Scheduling Fairness Hearing, and a Joint Motion for Staying Claims as to Banner and Its Insurers.
May 13, 2011
On May 13, 2011, the Court issued a Preliminary Approval Order (R. Doc. 8818) of the InEx Settlement Agreement (R. Doc. 8628-3), including the Exhibits thereto.
Additionally, the Preliminary Approval Order requires the posting of Notice of Class Action Settlement.
March 24, 2011
On March 22, 2011, Taishan Gypsum Co. Ltd. and Tai’an Taishan Plasterboard Co. Ltd. filed a Supplemental Memorandum regarding photos of their trademarks which are required pursuant to Pretrial Order No. 10. The Court has now posted these trademarks under the "Photo Catalog" section for Pretrial Order No. 10 at "14A" on the "Pretrial Orders" link of this site.
February 9, 2011
The Court issued on this date: an Order & Reasons resolving certain CGL insurers' challenges to personal jurisdiction and an Order & Reasons resolving certain CGL insurers' indispensable party challenges.
January 12, 2011
The Court issued Pretrial Order No. 8A reappointing members to the Plaintiffs' Steering Committee.
The Court also issued an Order establishing a discovery, briefing, and hearing scheduled for a number of pending class certification motions.
December 16, 2010
The Court issued an Order & Reasons resolving motions to dismiss filed by homeowners’ insurers.
October 25, 2010
The Court issued Pretrial Order No. 1H regarding the PSC's Notice of Completion of Amendments to Omni Complaints.
October 14, 2010
The Knauf Entities and the Plaintiffs’ Steering Committee announced the execution of their Settlement Agreement for the Demonstration Remediation of Homes with KPT Drywall.
August 19, 2010
The Court issued an Order regarding a dispute which arose during a Federal Rule of Civil Procedure 30(b)(6) deposition on this date.
June 18, 2010
The Court issued a Minute Entry for the settlement conference between the parties scheduled to go to trial on June 21, 2010. In the Minute Entry, the Court issued a Partial Order of Dismissal in Case No. 09-7628, for Paul Clement & Celeste Schexnaydre Clement v. Knauf Plasterboard (Tianjin) Co. Ltd., and John Campbell v. Knauf Plasterboard (Tianjin) Co. Ltd.
May 27, 2010
The Court issued Pretrial Order #1G regarding uniform response times for notices of appearance, profile forms, and responsive pleadings.
May 11, 2010
The Court issued a Judgment in the Hernandez case and a Default Judgment in the Germano case.
April 27, 2010
The Court issued Findings of Fact & Conclusions of Law in the Hernandez matter. Additionally the Court issued the following pretrial orders:
- Pretrial Order #22, regarding privileged communications between counsel and representatives of insurance companies;
- Pretrial Order #23, creating an Insurer Profile Form and directing the appropriate parties to complete and submit this form; and
- Pretrial Order #24, clarifying that recent document subpoenas issued by the Plaintiffs are to be treated as Federal Rule of Civil Procedure 34 document requests and setting deadlines for responding to these requests, and additionally continuing Rule 30(b)(6) depositions.
April 8, 2010
The Court issued Findings of Fact & Conclusions of Law in the Germano matter regarding the proper scope of remediation and costs of remediation for the seven Plaintiff-intervenors.
April 6, 2010
The Court issued Pretrial Order #20, creating an Insurer Committee, and Pretrial Order #21, creating a Retailer Profile Form.
March 19, 2010
The Court issued Pretrial Order #19, appointing a State and Federal Coordination Committee.
March 10, 2010
The Court issued Pretrial Order #1F regarding filing deadlines and instructions for all cases in the MDL.
February 12, 2010
The Court issued Pretrial Order #1E with regarding to lifting the stay on responsive pleadings in the Gross matter.
January 8, 2010
The Court issued Pretrial Order #1D, lifting the stay as to all responsive pleadings.
November 24, 2009
The Court issued an Order appointing Michael K. Rozen of Feinberg Rozen LLP as Special Master.
The Court issued Pretrial Order #1C amending Pretrial Order #1 by lifting the stay on motion practice, but continuing all motions filed in the MDL without date.
The Court issued Pretrial Order #13A amending Pretrial Order #13 creating a new Threshold Inspection Program protocol.
November 20, 2009
The Court issued an Entry of Preliminary Default in Germano v. Taishan Gypsum Co., Case no. 09-6687 against Defendant Taishan Gypsum Co., Ltd.
November 12, 2009
The Court issued a Notice indicating its intent to appoint Michael K. Rozen from Feinberg Rozen, LLP as special master. The parties may file a response to the Notice by Tuesday, November 17, 2009.
November 5, 2009
The Court issued Pretrial Order #18 appointing Phillip A. Wittmann to be the Homebuilders and Installers Liaison Counsel.
November 2, 2009
The Court issued Pretrial Order #17 recognizing and confirming KPT’s agreement to accept service of the PSC’s Omnibus Class Action Complaint. The Court will conduct a telephonic conference in which the Court will speak to the issues germane to this Order on November 4, 2009 at 11:00 a.m. CST. The dial-in phone number is (866) 213-7163; the conference ID number is 39396867.
October 19, 2009
Please note that the call-in phone number and access code for the monthly status conference scheduled for Thursday, November 19, 2009, at 9:00 am are 1-866-213-7163 and 37015918. This information can also be found on this website under the Calendar link.
October 13, 2009
The Court issued Pretrial Order #14(A) which amends Pretrial Order #14, in order to properly reflect the agreement entered into by the parties in drafting the Exporter, Importer or Broker Defendant Profile Form. The revised Profile Form is attached and replaces the original Profile Form attached to Pretrial Order #14.
October 9, 2009
The Court issued Pretrial Order #1(B) amending Pretrial Order #1 and instituting a protocol for preservation of physical evidence.
September 28, 2009
The Court has issued three pretrial orders since the monthly status conference held on September 24, 2009. The Court issued Pretrial Order #14 approving an "Exporter, Importer or Broker Defendant Profile Form" and providing requirements for issuance and return of this form. The Court issued Pretrial Order #15 governing the treatment of all privileged or work product materials in the MDL. The Court issued Pretrial Order #16 regarding confidentiality.
Additionally, the Court has issued a Minute Entry for the monthly status conference.
September 25, 2009
Please note that the call-in phone number and access code for the monthly status conference scheduled for Thursday, October 15, 2009, at 9:00 am are 1-866-213-7163 and 32928545. This information can also be found on this website under the Calendar link.
September 21, 2009
On September 4, 2009, the Court issued an Order granting the Exparte/Consent Joint Motion for Entry of Photographic Catalog of Drywall Markings. The Motion was submitted in response to Pretrial Order No. 10. The Photographic Catalog which was manually attached is now available on this Website. Photographic Catalog.
September 18, 2009
On this date, the Court issued Pretrial Order #2A amending Pretrial Order #2 to provide for a means of tracking remands in the MDL.
September 15, 2009
The next status conference will be held on September 24, 2009, at 9:00 a.m., central standard time, in the Courtroom of the Honorable Judge Eldon E. Fallon. Any interested persons unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 29626568 and the Chairperson will be Judge Fallon.
August 28, 2009
Please note that the call-in phone number and access code for the monthly status conference scheduled for Thursday, September 3, 2009, at 9:00 am are 1-866-213-7163 and 24991158. This information can also be found on this website under the Calendar link.
Also, on this date, the Court issued Pretrial Order #1A amending Pretrial Order #1 and the Minute Entry of August 11, 2009, to allow counsel to timely enter their appearance on behalf of their client(s) upon effectuation of service as an exception to the stay in effect.
August 27, 2009
On this date, the Court issued two pretrial orders. The Court issued Pretrial Order #13 instituting the Threshold Inspection Program ("TIP"). Additionally, the Court amended Pretrial Order #7 by issuing Pretrial Order #7B to appointment members to the Homebuilders’ Steering Committee.
August 24, 2009
On this date, the Court issued Pretrial Order #12 regarding the development of the Distributor Profile Form. Subsequently, in Pretrial Order #12A, the Court issued the Distributor Profile Form and an Order to distribute and return the form on or before September 8, 2009.
August 20, 2009
On this date, the Court issued Pretrial Order #10 regarding submission of photographic catalogs of markings, brands, endtapes, and other identifying markers found in affected homes.
August 17, 2009
On this date, the Court issued Pretrial Order #11 requiring that Plaintiff and Defendant profile forms be distributed to the appropriate parties and filed and returned on or before September 2, 2009.
August 11, 2009
The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel, including pre-trial orders, property inspections, Plaintiff and Defendant profile forms, preservation order, state court settings, state/federal coordination, discovery issues, Freedom of Information Act/ public records requests, trial settings in federal court, filings in the MDL, tolling agreement/suspension of prescription, class actions, motions in the MDL, insurance issues, service of pleadings electronically, master complaint, and the next status conference.
The monthly status conference was transcribed by Ms. Karen Anderson Ibos, Official Court Reporter. Counsel may contact Ms. Ibos at (504)589-7776 to request a copy of the transcript.
The next monthly status conference will be held on Thursday, September 3, 2009, at 9:00 a.m., CST. Any interested parties unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code is 24991158 and the Chairperson will be Judge Fallon.
These matters are memorialized in the Court’s Minute Entry dated August 11, 2009.
August 3, 2009
On this date, the Court issued Pretrial Order #7A amending Pretrial Order #7 removing certain members from the Defendants’ Steering Committee while adding Gary F. Baumann to the committee.
July 28, 2009
On this date, the Court issued Pretrial Order #9 regarding Plaintiffs' Counsel's Time and Expense submission.
July 27, 2009
On this date, the Court issued Pretrial Order #7, appointing listed members as Defendants' Steering Committee members and listing the responsibilities for same. The Court also issued Pretrial Order #8, appointing the listed attorneys to the Plaintiffs' Steering Committee, with Arnold Levin as lead counsel. The responsibilities for the members of the PSC were given as set forth in document.
July 20, 2009
On this date, the Court issued Pretrial Order #6 regarding Electronic Service.
July 9, 2009
The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.
At the conference, the Court delivered some brief introductory remarks and then proceeded to consider issues raised by Liaison Counsel, including Status of application for Steering and other committees, Service of Pleadings electronically through a service like LexisNexis, Separation of property damage from personal injury claims and deferral of class certification issues, Initial discovery on property damage claims/discovery limitation issues, Preservation of evidence/spoilation issue/remediation in hardship cases, Direct filing in MDL, Addition of new parties, Master Complaint, Response to Master Complaint, Response to Underlying Complaints, Service issues on foreign Defendants, Personal jurisdiction over foreign defendants and other pretrial motions for which particular discovery might be needed, Early Bellwether trials, State/Federal Coordination Order, Plaintiff time-billing guidelines, Other matters, and the Next Status Conference.
The monthly status conference was transcribed by Ms. Karen Anderson Ibos, Official Court Reporter. Counsel may contact Ms. Ibos at (504)589-7776 to request a copy of the transcript.
The next monthly status conference will be held on Tuesday, August 11, 2009, at 9:00 a.m., CST. Any interested parties unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code is 19729103 and the Chairperson will be Judge Fallon.
These matters are memorialized in the Court’s Minute Entry dated July 9, 2009.
July 9, 2009
On this date, the Court issued Pretrial Order #5A regarding the provision of attorney contact information to Liaison Counsel.
July 6, 2009
On this date, the Court issued Pretrial Order #5 regarding the service and docketing responsibilities of Liaison counsel.
July 2, 2009
On this date, the Court issued Pretrial Order #2 regarding procedures for the transfer of cases. The Court also issued Pretrial Order #3 designating Russ Herman as Plaintiffs’ Liaison Counsel, and Pretrial Order #4, appointing Kerry J. Miller as Defendants’ Liaison Counsel.
June 16, 2009
Pursuant to Pretrial Order #1, the initial pretrial conference will be held on Thursday, July 9, 2009, at 2:00 p.m. in the Courtroom of Judge Eldon E. Fallon. See Calendar page for further details.
June 15, 2009
On this date the Court received the Transfer Order from the MDL Panel transferring nine (9) actions to the Eastern District of Louisiana.
Order and Judgment
The Court issued an Order and Judgment authorizing the distribution of contract class counsel fees in the Allen Settlement.
Order and Reasons
The Court allocated common benefit fees and costs for the Taishan Settlement and the Allen Settlement. The Court examined the materials submitted by the fee applications, consulted records kept by the Court-appointed CPA, reviewed the analysis of the Fee Allocation Committee, and concluded that the work performed by each applicant is commensurate with the recommended allocation. In view of the fact that no objections to the recommendations of the Fee Allocation Committee were filed, the Court adopted the Fee Allocation Committee recommendations.
Suggestion of Remand, Opinion, and Order
On this date, the Court suggested to the Judicial Panel on Multidistrict Litigation to remand certain cases to the Southern District of Mississippi, the Northern District of Alabama, and the Northern District of Georgia.
Order
On January 16, 2020, the Court appointed a Fee Allocation Committee to recommend an appropriate division of the common benefit fee awarded in the Taishan aspect of this litigation. The Court additionally ordered any party having an interest in receiving common benefit fees to file an application with the Court indicating the time spent and nature of the work performed within fifteen days. In response to the Court’s order, 19 fee applications were filed. The Fee Allocation Committee has evaluated the applications, discusses the request, and reached a consensus. The Court has received the Fee Committee’s report and recommendations and takes this opportunity to post these recommendations to the Court’s website for the Chinese-Manufactured Drywall Liability Litigation. Anyone having any objections to the attached recommendations shall file their objections with the Court no later than Monday, April 6, 2020.
Minute Entry
The Court issued a Minute Entry for the February 7, 2020 Monthly Status Conference.
Minute Entry
The Court issued a Minute Entry for the January 17, 2020 Monthly Status Conference.
Judgment
On this date, the Court issued a final judgment pursuant to Federal Rule of Civil Procedure 54(B), granting final approval to the Taishan Settlement Agreement, certifying the Settlement Class, and establishing the amount of attorney fees.
Order and Reasons
On this date, the Court granted final approval to the Taishan Settlement Agreement and established an award of attorney fees.
Minute Entry
The Court issued a Minute Entry for the November 22, 2019 Monthly Status Conference.
Minute Entry
The Court issued a Minute Entry for the October 23, 2019 Monthly Status Conference.
Minute Entry
The Court issued a Minute Entry for the September 20, 2019 Monthly Status Conference.
Order and Reasons
On this date, the Court preliminarily approved the Taishan Settlement Agreement.
Minute Entry
The Court issued a Minute Entry for the August 29, 2019 Monthly Status Conference.
Suggestion of Remand, Opinion, and Order
On this date, the Court suggested to the Judicial Panel on Multidistrict Litigation to remand the Mitchell cases to the transferor court in Florida.
Minute Entry
The Court issued a Minute Entry for the July 25, 2019 Monthly Status Conference.
Order and Reasons
On this date, the Court denied Plaintiff’s motion to certify a builder class in the Mitchell aspect of this litigation.
Minute Entry
The Court issued a Minute Entry for the June 19, 2019 Monthly Status Conference.
Minute Entry
The Court issued a Minute Entry for the May 17, 2019 Monthly Status Conference.
Order and Reasons
On this date, the Court granted in part and denied in part Plaintiffs’ Motion for an Order Applying the Remediation Damages Formula Adopted by the Findings of Fact & Conclusions of Law Related to the June 9, 2015 Damages Hearing to the Claims of Former Owners of Affected Properties. The motion was granted to the extent the Plaintiffs’ Steering Committee sought to extend the remediation damages calculation to former owners who remediate their homes prior to relinquishing ownership of the property. The motion was denied in part and granted in part with respect to the former owners who did not remediate their homes prior to relinquishing ownership because the Court concluded that the remediation damage formula for these owners, when introduced into evidence, creates a rebuttable presumption of their diminution damage calculation.
Minute Entry
The Court issued a Minute Entry for the April 23, 2019 Monthly Status Conference.
Minute Entry
The Court issued a Minute Entry for the March 26, 2019 Monthly Status Conference.
Suggestion of Remand, Opinion, and Order
On this date, the Court suggested to the Judicial Panel on Multidistrict Litigation to remand certain cases to the Southern District of Florida.
Suggestion of Remand, Opinion, and Order
On this date, the Court suggested to the Judicial Panel on Multidistrict Litigation to remand certain cases to the Eastern District of Virginia.
Order and Reasons
On this date, the Court considered Defendants’ motion to dismiss the Brooke omnibus complaint. The motion was denied with respect to Defendant’s argument that dismissal was proper due to lack of jurisdiction, improper service, and timeliness. The motion was also denied with respect to Defendant’s desire to dismiss claims based on Defendants’ alleged breach of the warranty against redhibitory defects and violations of the Louisiana Products Liability Act. The motion was also denied with respect to the non-Louisiana based Plaintiffs’ claims based in negligence, negligence per se, strict liability, and unjust enrichment. However, the Louisiana-based Plaintiffs’ claims for negligence, negligence per se, strict liability, private nuisance, breach of warranty of fitness, and unjust enrichment were dismissed with prejudice, as were the claims on the non-Louisiana based Plaintiffs’ claims brought pursuant to the Louisiana Products Liability Act.
Minute Entry
The Court issued a Minute Entry for the February 21, 2019 Monthly Status Conference.
Order and Reasons
On this date, the Court allocated common benefit fees with respect to the Knauf aspect of the Chinese Drywall litigation.
Minute Entry
The Court issued a Minute Entry for the January 30, 2019 Monthly Status Conference.
Minute Entry
The Court issued a Minute Entry for the December 20, 2018 Monthly Status Conference.
Order and Reasons
On this date, the Court granted the Plaintiffs’ Steering Committee’s motion to strike a declaration made by Professor Donald Clarke’s in Defendant’s reply to Plaintiffs’ memorandum in opposition to Defendant’s motion to dismiss the Abner complaint.
Order and Reasons
On this date, the Court stayed the Florida and Virginia-based claims in the Louisiana Amorin complaint.
Minute Entry
The Court issued a Minute Entry for the November 15, 2018 Monthly Status Conference.
Order and Reasons
On this date, the Court denied Plaintiffs’ Motion to Construe the Settlement Agreement and Define the Scope of Review.
Minute Entry
The Court issued a Minute Entry for the October 16, 2018 Monthly Status Conference.
Order and Reasons
On this date, the Court issued a trial plan for the Louisiana Amorin cases.
Order and Reasons
On this date, the Court approved the Plaintiffs’ Steering Committee’s Notice of Clarification Regarding the Composition of the Amorin Class.
Minute Entry
The Court issued a Minute Entry for the September 27, 2018 Monthly Status Conference.
Order
Pursuant to PTO 28, the Court appointed a Fee Committee consisting of individuals who had been active in the Chinese-Manufactured Drywall Products Liability Litigation from the beginning and performed a significant role in either the MDL and/or state court litigation. This Fee Committee was charged with reviewing fee requests and supporting documents from all attorneys who performed common benefit work and thereafter making a recommendation to the Court regarding allocation of the common benefit fees as set in the Court’s Order & Reasons Setting Common Benefit Fees, R. Doc. 21168. The Court has received Krupnick Campbell Malone et al's Minority Fee Committee Report, R. Doc. 21473, and takes this means to post this report to the Court’s website for the Chinese-Manufactured Drywall Litigation. Anyone having any objections to the attached reprot shall file their objections with the Court no later than Friday, July 27, 2018 at 5:00 p.m. central standard time.
Minute Entry
The Court issued a Minute Entry for the July 18, 2018 Monthly Status Conference.
Order
Pursuant to PTO 28, the Court appointed a Fee Committee consisting of individuals who had been active in the Chinese-Manufactured Drywall Products Liability Litigation from the beginning and performed a significant role in either the MDL and/or state court litigation. This Fee Committee was charged with reviewing fee requests and supporting documents from all attorneys who performed common benefit work and thereafter making a recommendation to the Court regarding allocation of the common benefit fees as set in the Court’s Order & Reasons Setting Common Benefit Fees, R. Doc. 21168. The Court has received the Fee Committee’s report and recommendations, R. Doc. 21455, and takes this means to post these recommendations to the Court’s website for the Chinese-Manufactured Drywall Litigation. Anyone having any objections to the attached recommendations shall file their objections with the Court no later than Friday, July 20, 2018 at 5:00 p.m. central standard time.
Minute Entry
The Court issued a Minute Entry for the June 12, 2018 Monthly Status Conference.
Order and Reasons
On May 7, 2018, the Court denied certain attorneys' request for interlocutory appeal on the Court's common benefit fees order to the Fifth Circuit.
Order and Reasons
On May 3, 2018, the Court addressed the confidentiality designation of certain discovery documents.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 1, 2018.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 20, 2018.
Suggestion of Remand, Opinion, and Order
On March 12, 2018, the Court suggested to the Judicial Panel of Multidistrict Litigation to remand certain cases to the Southern District of Florida.
Order and Reasons
On March 5, 2018, the Court granted in part and denied in part Defendants' request for interlocutory appeal to the Fifth Circuit regarding personal jurisdiction.
Order and Reasons
On February 8, 2018, the Court enjoined a state court action against Interior Exterior Building Supply, a settling defendant under the Knauf Settlement Agreement.
Order and Reasons
On this day, the Court entered an Order and Reasons setting common benefit fees for attorneys.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 23, 2018. Due to technological problems, the AT&T Conference Line was dropped during the January 2018 Status Conference. The Court will upload the transcript from the status conference once it receives an official copy from the Court Reporter.
Special Master Invoice 1-11-17
On this date, the Court ordered payment to the Special Master.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 14, 2017.
Order
On this date, the Court issued an Order and Reasons denying Defendants' motion to dismiss.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 9, 2017.
Special Master Recommendation 9-11-2017
On this date, the Special Master issued his Report and Recommendation concerning attorneys' fees.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 27, 2017.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 16, 2017.
Findings of Fact & Conclusions of Law
On April 21, 2017, the Court issued Findings of Fact & Conclusions of Law in relation to the June 9, 2015 Class Damages Hearing.
Order
On April 21, 2017, the Court issued an Order Denying the Defendants’ Motion to Decertify the Class.
Order
On April 21, 2017, the Court issued an Order granting in part and denying in part the Defendants’ Motion to Dismiss.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 6, 2017.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 2, 2017.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 23, 2017.
Order
On December 22, 2016, the Court issued an Order granting the Knauf Defendants’ Motion to Dismiss Their Settlement Obligations.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 21, 2016.
Order, Special Master Order
On December 21, 2016, the Court issued an Order that any objections to the Special Master’s December 14, 2016 Order must be filed by December 23, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 18, 2016.
Order
Tthe Court issued an Order that any objections to the Defendants’ Motion to Dismiss Their Settlement Obligations must be filed by November 9, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 20, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 29, 2016.
Order
The Court issued an Order continuing the September 22nd Status Conference. The new date for the Monthly Status Conference is September 29, 2016 at 9:00 a.m.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 25, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 27, 2016.
Order
On July 19, 2016, the Court issued an Order appointing Daniel Balhoff as Special Master for all issues and motions related to attorneys’ fees, including, but not limited to, the Motion to Determine the Allocation of the Global Fee Award.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 29, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 25, 2016.
Order
On May 17, 2016, the Court issued an order, which determined that the global amount of funds available to compensate common benefit counsel and individually retained counsel at this time is $192,981,363.35.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 26, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 22, 2016.
Order & Reasons
The Court issued an Order and Reasons granting Defendant CNBM Group's Motion to Dismiss under the Foreign Sovereign Immunities Act.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 17, 2016.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 7, 2015.
Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 16, 2015.
Order and Reasons
The Court issued an Order and Reasons granting the Plaintiffs' Motion to Approve Alternative Service of Prcess.
11/3/2015 - Minute Entry
The Court issued a Minute Entry of the telephone status conference that was held on November 3, 2015.
10/13/2015 - Minute Entry
The Court issued a Minute Entry of the telephone status conference that was held on October 13, 2015.
10/7/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 7, 2015.
8/7/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 7, 2015.
7/14/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 14, 2015.
6/23/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 23, 2015.
5/20/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 20, 2015.
5/20/2015 - Minute Entry
The Court issued a Minute Entry from motions.
4/17/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 17, 2015.
3/26/2015 - Minute Entry
The Court issued a Minute Entry from motions.
3/26/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 26, 2015.
3/17/2015 - Minute Entry
The Court issued a Minute Entry from motion to preclude.
2/12/2015 - Minute Entry
The Court issued a Minute Entry from motions.
2/12/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 12, 2015.
1/22/2015 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 22, 2015.
12/18/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 18, 2014.
11/25/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 25, 2014.
10/21/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 21, 2014.
9/18/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 18, 2014.
8/13/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 13, 2014.
7/17/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 17, 2014.
6/17/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 17, 2014.
5/20/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 20, 2014.
4/17/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 17, 2014.
3/13/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 13, 2014.
2/20/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 20, 2014.
1/16/2014 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 16, 2014.
12/19/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 19, 2013.
11/22/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 24, 2013.
10/24/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 24, 2013.
9/17/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 17, 2013.
8/20/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 20, 2013.
7/17/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 17, 2013.
7/9/2013 Order and Judgment
On July 9, 2013, the Court issued an Order and Judgment certifying settlement classes and granting final approval to the Virginia settlements. (R. Doc. 16934).
6/11/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 11, 2013.
5/21/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 21, 2013.
4/24/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 24, 2013.
3/13/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 13, 2013.
2/27/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 27, 2013.
02/7/2013 Order and Judgment
On February 7, 2013, the Court issued an Order and Judgment certifying settlement classes and granting final approval to five pending settlements involving the Knauf entities, several downstream entities, and their insurers. (R. Doc. 16570).
1/23/2013 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 23, 2013.
12/11/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 11, 2012.
11/13/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 13, 2012.
10/10/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 10, 2012.
9/13/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 13, 2012.
7/26/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 26, 2012.
6/13/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 13, 2012.
5/17/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 17, 2012.
4/26/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 26, 2012.
3/22/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 22, 2012.
2/23/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 23,2012.
1/16/2012 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 16, 2012.
12/15/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 15, 2011.
11/16/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 16, 2011.
10/18/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 18, 2011.
9/22/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 22, 2011.
8/24/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 24, 2011.
7/14/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 14, 2011.
6/14/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 14, 2011.
5/26/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 26, 2011.
5/13/2011 - Order
Re: Preliminary approval order of INEX Settlement.
4/26/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 26, 2011.
3/20/2011 - Scheduling Order
Re: Hearings for Class Certification
3/23/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 23, 2011.
2/23/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 23, 2011.
1/20/2011 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 20, 2011.
01/12/2011 - Order
The Court issued an Order scheduling a discovery, briefing, and hearing schedule on a number of class certification motions.
12/2/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 2, 2010.
10/14/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 14, 2010.
9/16/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 16, 2010.
8/12/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 12, 2010.
08/19/2010 - Order
The Court issued an Order on this date resolving a deposition dispute.
6/24/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on June 24, 2010.
5/27/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on May 27, 2010.
04/27/2010 - Findings of Fact & Conclusions of Law
On April 27, 2010, the Court issued Findings of Fact & Conclusions in the Hernandez matter.
4/8/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on April 8, 2010.
04/08/2010 - Findings of Fact & Conclusions of Law
On April 8, 2010, the Court issued Findings of Fact & Conclusions of Law in the Germano matter regarding the proper scope of remediation and costs of remediation for the seven Plaintiff-intervenors.
3/11/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on March 11, 2010.
2/11/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 11, 2010.
1/14/2010 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on January 14, 2010.
01/13/2010 - Orders & Reasons
On January 13, 2010, the Court issued an Order & Reasons denying the Distributor Defendants’ Motion to Dismiss or, Alternatively, to Strike Plaintiffs’ Tort Claims for Economic Damages, and the Manufacturer Defendants’ Motion for Joinder in Distributors’ Rule 12(b)(6) Motion to Dismiss or, Alternatively, to Strike Plaintiffs’ Tort Claims for Economic Damages.
12/10/2009 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on December 10, 2009.
11/19/2009 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on November 19, 2009.
11/19/2009 - Entry of Preliminary Default
The Court issued an Entry of Preliminary Default in Germano v. Taishan Gypsum Co., Case no. 09-6687 against Defendant Taishan Gypsum Co., Ltd.
October 27, 2009 - Order and Reasons
On October 27, 2009, the Court issued an Order and Reasons denying the defendant Knauf Gips KG's motion for Protective Order to Require Use of the Hague Evidence Convention.
10/15/2009 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on October 15, 2009.
9/24/2009 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on September 24, 2009.
8/11/2009 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on August 11, 2009.
7/9/2009 - Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on July 9, 2009.
6/15/2009 - MDL 2047 - Transfer Order
TRANSFER ORDER FROM THE MDL PANEL transferring 9 actions to the Eastern District of Louisiana.
PRE-TRIAL ORDER NO. 32
ESTABLISHING INITIAL STEP TO DETERMINE ALLOCATION OF SETTLEMENT FUNDS OR JUDGMENT AWARDS TO PLAINTIFFS AND ATTORNEYS RESULTING FROM REMANDED CASES
Pretrial Order #31
The Court issued Pre-Trial Order No. 31 regarding procedures to access the Knauf Trial Package.
Pretrial Order #11A
The Court issued Pretrial Order 11A regarding supplemental profile forms.
Pretrial Order 28F
The Court issued Pretrial Order 28(f) regarding attorney fees and cost reimbursement guidelines.
Pretrial Order #30, Exhibit A
Pretrial Order #29
The Court issued Pretrial Order #29 to approve procedures for the payment of "Other Loss Claims."
Pretrial Order #28E
The Court issued Pretrial Order #28 (E) to establish certain deadlines in connection with Pretrial Order # 28.
Pretrial Order #28D
The Court issued Pretrial Order #28 (D) to appoint Leonard A. Davis of Herman Herman & Katz, LLC as Assistant Secretary to the Fee Committee.
Pretrial Order #28C
The Court issued Pretrial Order #28 (C) to extend certain deadlines that were established in Pretrial Order # 28.
Pretrial Order #28B
The Court issued Pretrial Order #28 (B) to amend and extend the deadlines that were established in Pretrial Order # 28.
Pretrial Order #28
The Court issued Pretrial Order #28 and Pretrial Order #28 (A) establishing guidelines attorneys who wish to present this Court with a request for attorneys' fees and reimbursement of litigation expenses.
Exhibit A is a form Initial Affidavit for Compensation for Common Benefit Time and Reimbursement of Expenses.
Exhibit B is a form Second Affidavit in Connection with Request for Allocation of Common Benefit Fee and Cost Award.
Exhibit C is the spreadsheet form for providing a list of all claimants retained by counsel.
Claims Administrative Procedure 3
Incomplete Claim Procedure
Claims Administrative Procedure 2
Clarification of Proof Requirements and Use of Affidavit to Prove Indicia
Claims Administrative Procedure 1
Establishment of System for Creating and Tracking Chinese Drywall Settlement Program Claims Administration Procedures
Pretrial Order 27
The Court issued Pretrial Order #27 approving establishment of a system for creating and tracking Chinese Drywall settlement program claims administration procedures.
Pretrial Order 26
The Court issued Pretrial Order #26 regarding already remediated homes.
Pretrial Order 25
The Court issued Pretrial Order #25 regarding deadlines for submitting profile forms.
Pretrial Order 24
The Court issued Pretrial Order #24, clarifying that recent document subpoenas issued by the Plaintiffs are to be treated as Federal Rule of Civil Procedure 34 document requests and setting deadlines for responding to these requests, and additionally continuing Rule 30(b)(6) depositions.
Pretrial Order 23
The Court issued Pretrial Order #23, creating an Insurer Profile Form and directing the appropriate parties to complete and submit this form.
Pretrial Order 22
The Court issued Pretrial Order #22, regarding privileged communications between counsel and representatives of insurance companies.
Pretrial Order 21
The Court issued Pretrial Order #21, creating a Retailer Profile Form.
Pretrial Order 20
The Court issued Pretrial Order #20, creating an Insurer Committee.
Pretrial Order 19
The Court issued Pretrial Order #19 appointing a State and Federal Coordination Committee.
Pretrial Order 18
The Court issued Pretrial Order #18 appointing Phillip A. Wittmann to be the Homebuilders and Installers Liaison Counsel.
Pretrial Order 17
The Court issued Pretrial Order #17 recognizing and confirming KPT’s agreement to accept service of the PSC’s Omnibus Class Action Complaint. The Court will conduct a telephonic conference in which the Court will speak to the issues germane to this Order on November 4, 2009 at 11:00 a.m. CST. The dial-in phone number is (866) 213-7163; the conference ID number is 39396867.
Pretrial Order 16
The Court issued Pretrial Order #16 regarding confidentiality.
Pretrial Order 15
The Court issued Pretrial Order #15 governing the treatment of all privileged or work product materials in MDL 2047l.
Pretrial Order 14A
The Court issued Pretrial Order #14(A) which amends Pretrial Order #14, in order to properly reflect the agreement entered into by the parties in drafting the Exporter, Importer or Broker Defendant Profile Form. The revised Profile Form is attached and replaces the original Profile Form attached to Pretrial Order #14.
Pretrial Order 14
The Court issued Pretrial Order #14 approving the submitted "Exporter, Importer or Broker Defendant Profile Form" and providing direction as to issuance and return of this form.
Pretrial Order 13A
The Court issued Pretrial Order #13A amending Pretrial Order #13 by creating a new Threshold Inspection Program protocol.
Pretrial Order 13
Instituting the Threshold Inspection Program ("TIP").
Pretrial Order 12A
Regarding the development of the Distributor Profile Form.
Pretrial Order 12
The Court issued the Distributor Profile Form and an Order to distribute and return the form on or before September 8, 2009.
Pretrial Order 11
Requiring that Plaintiff and Defendant profile forms be distributed to the appropriate parties and filed and returned on or before September 2, 2009.
Pretrial Order 10, Photo Catalog
Regarding submission of photographic catalogs of markings, brands, endtapes, and other identifying markers found in affected homes.
Pretrial Order 9A
The Court issued Pretrial Order #9A regarding reporting common benefit time by state court counsel
Pretrial Order 9
Regarding Plaintiff's Counsel's Time and Expense submission
Pretrial Order 8D
The Court issued Pretrial Order #8D reappointing members to the Plaintiffs' Steering Committee for one year.
Pretrial Order 8B
The Court issued Pretrial Order #8B reappointing members to the Plaintiffs' Steering Committee for one year.
Pretrial Order 8A
Court issued Pretrial Order #8A reappointing members to the Plaintiffs' Steering Committee.
Pretrial Order 8
Plaintiffs' Steering Committee
Pretrial Order 7B
Court amended Pretrial Order #7 by issuing Pretrial Order #7B to appointment members to the Homebuilders’ Steering Committee.
Pretrial Order 7A
Court issued Pretrial Order #7A amending Pretrial Order #7 removing certain members from the Defendants’ Steering Committee while adding Gary F. Baumann to the committee.
Pretrial Order 7
Defendants' Steering Committee
Pretrial Order 6
Electronic Service
Pretrial Order #5A
Provision of attorney contact information to Liaison Counsel
Pretrial Order #5
Service and Docketing Responsibilities of Liaison Counsel
Pretrial Order #4
Appointment of Defendants' Liaison Counsel
Pretrial Order #3
Appointment of Plaintiffs' Liaison Counsel
Pretrial Order 2A
The Court issued Pretrial Order #2A amending Pretrial Order #2 to provide a means of tracking remands in MDL 2047.
Pretrial Order #2
Regarding procedures for transfer of cases.
Pretrial Order 1J
The Court issued Pretrial Order #1J regarding preservation and disposal of physical evidence.
Pretrial Order 1I
The Court issued Pretrial Order #1I regarding preservation of physical evidence.
Pretrial Order 1H
The Court issued Pretrial Order #1H regarding the PSC's Notice of Complete of Amendments to Omni Complaints.
Pretrial Order 1G
The Court issued Pretrial Order #1G regarding uniform response times for notices of appearance, profile forms, and responsive pleadings.
Pretrial Order 1F
The Court issued Pretrial Order #1F regarding filing deadlines and instructions for all cases in the MDL.
Pretrial Order 1E
The Court issued Pretrial Order #1E regarding the stay of responsive pleadings in the Gross case.
Pretrial Order 1D
The Court issued Pretrial Order #1D, lifting the stay as to responsive pleadings.
Pretrial Order 1C
The Court issued Pretrial Order #1C amending Pretrial Order #1 by lifting the stay on motion practice, but continuing all motions filed in the MDL without date.
Pretrial Order 1B
The Court issued Pretrial Order #1(B) amending Pretrial Order #1 and instituting a protocol for preservation of physical evidence.
Pretrial Order 1A
Court amended Pretrial Order #1 to reflect that the stay in effect shall not impede counsel’s obligation to timely enter their appearance on behalf of their client(s) upon effectuation of service on their client.
Pretrial Order #1
Initial Pretrial Conference.
Order
Order approving the other loss claim form.
In light of ongoing concerns regarding the global outbreak of COVID-19, the April 21, 2020 Monthly Status Conference is cancelled. The Court will schedule another Monthly Status Conference as soon as it is deemed advisable to do so.
In light of ongoing concerns regarding the global outbreak of COVID-19, the March 26, 2020 Monthly Status Conference is cancelled.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. Information about auditing the conference is forthcoming. The Court has set up a conference line for auditing the conference. To audit, call 844-291-6364 and enter access code 1652340.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call 877-336-4441 and enter access code 1700030.
On this date, at 9:00 a.m. central time, the Court will hold a final Fairness Hearing to consider final approval of the Settlement Agreement reached between Class Counsel and the Chinese Defendants. The Court has set up a conference line for auditing the conference. To audit, call (877) 336-4437 and enter access code 8085414.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 700-7784 and enter access code 472636.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 260-0702 and enter access code 471467.
On this date, at 2:00 p.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 260-0702 and enter access code 471693.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (877) 336-1839 and enter access code 4227405, then enter security code 082919.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (877) 336-1839 and enter access code 4227405, then enter security code 072519.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (877) 336-1839 and enter access code 4227405, then enter security code 061919.
On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (877) 336-1839 and enter access code 4227405, then enter security code 051719.
Status Conferences:
October 2019 Monthly Status Conference
September 2019 Monthly Status Conference
July 2019 Monthly Status Conference
June 2019 Monthly Status Conference
May 2019 Monthly Status Conference
April 2019 Monthly Status Conference
March 2019 Monthly Status Conference
January 2019 Monthly Status Conference
December 2018 Monthly Status Conference
October 2018 Monthly Status Conference
September 2018 Monthly Status Conference
August 2018 Monthly Status Conference
July 2018 Monthly Status Conference
June 2018 Monthly Status Conference
March 2018 Monthly Status Conference
January 2018 Monthly Status Conference
December 2017 Monthly Status Conference
October 2017 Monthly Status Conference
August 2017 Monthly Status Conference
June 2017 Monthly Status Conference
May 2017 Monthly Status Conference
April 2017 Monthly Status Conference
March 2017 Monthly Status Conference
January 2017 Monthly Status Conference
November 2016 Monthly Status Conference
October 2016 Monthly Status Conference
August 2016 Monthly Status Conference
July 2016 Monthly Status Conference
May 2016 Monthly Status Conference
April 2016 Monthly Status Conference
March 2016 Monthly Status Conference
January 2016 Monthly Status Conference
December 2015 Monthly Status Conference
November 2015 Monthly Status Conference
October 2015 Monthly Status Conference
August 2015 Monthly Status Conference
July 2015 Monthly Status Conference
April 2015 Monthly Status Conference
March 2015 Monthly Status Conference
February 2015 Monthly Status Conference
January 2015 Monthly Status Conference
December 2014 Monthly Status Conference
November 2014 Monthly Status Conference
October 2014 Monthly Status Conference
September 2014 Monthly Status Conference
August 2014 Monthly Status Conference
February 2012 Monthly Status Conference
December 2011 Monthly Status Conference
October 2011 Monthly Status Conference
June 2011 Monthly Status Conference
May 2011 Monthly Status Conference
April 2011 Monthly Status Conference
March 2011 Monthly Status Conference
February 2011 Monthly Status Conference
January 2011 Monthly Status Conference
December 2010 Monthly Status Conference
October 2010 Monthly Status Conference
September 2010 Monthly Status Conference
June 2010 Monthly Status Conference
April 2010 Monthly Status Conference
January 2010 Monthly Status Conference
December 2009 Monthly Status Conference
October 2009 Monthly Status Conference
September 2009 Monthly Status Conference
August 2009 Monthly Status Conference
July 2009 Monthly Status Conference
Motion Hearings:
December 2015 Motions Hearing
May 2015 Motions Hearing
April 2015 Motions Hearing
March 17, 2015 Motion Hearing
February 2015 Motions Hearing
January 4, 2012 Motions Hearing
September 19, 2011 Motions Hearing
March 16, 2011 Motion Hearing
Fairness Hearings:
July 18, 2018 Fairness Hearing
Status Conferences:
April 2019 Monthly Status Conference
March 2019 Monthly Status Conference
January 2019 Monthly Status Conference
December 2018 Monthly Status Conference
October 2018 Monthly Status Conference
September 2018 Monthly Status Conference
August 2018 Monthly Status Conference
July 2018 Monthly Status Conference
June 2018 Monthly Status Conference
March 2018 Monthly Status Conference
January 2018 Monthly Status Conference
December 2017 Monthly Status Conference
October 2017 Monthly Status Conference
August 2017 Monthly Status Conference
June 2017 Monthly Status Conference
May 2017 Monthly Status Conference
April 2017 Monthly Status Conference
March 2017 Monthly Status Conference
January 2017 Monthly Status Conference
November 2016 Monthly Status Conference
October 2016 Monthly Status Conference
August 2016 Monthly Status Conference
July 2016 Monthly Status Conference
May 2016 Monthly Status Conference
April 2016 Monthly Status Conference
March 2016 Monthly Status Conference
January 2016 Monthly Status Conference
December 2015 Monthly Status Conference
November 2015 Monthly Status Conference
October 2015 Monthly Status Conference
August 2015 Monthly Status Conference
July 2015 Monthly Status Conference
April 2015 Monthly Status Conference
March 2015 Monthly Status Conference
February 2015 Monthly Status Conference
January 2015 Monthly Status Conference
December 2014 Monthly Status Conference
November 2014 Monthly Status Conference
October 2014 Monthly Status Conference
September 2014 Monthly Status Conference
August 2014 Monthly Status Conference
February 2012 Monthly Status Conference
December 2011 Monthly Status Conference
October 2011 Monthly Status Conference
June 2011 Monthly Status Conference
May 2011 Monthly Status Conference
April 2011 Monthly Status Conference
March 2011 Monthly Status Conference
February 2011 Monthly Status Conference
January 2011 Monthly Status Conference
December 2010 Monthly Status Conference
October 2010 Monthly Status Conference
September 2010 Monthly Status Conference
June 2010 Monthly Status Conference
April 2010 Monthly Status Conference
January 2010 Monthly Status Conference
December 2009 Monthly Status Conference
October 2009 Monthly Status Conference
September 2009 Monthly Status Conference
August 2009 Monthly Status Conference
July 2009 Monthly Status Conference
Motion Hearings:
December 2015 Motions Hearing
May 2015 Motions Hearing
April 2015 Motions Hearing
March 17, 2015 Motion Hearing
February 2015 Motions Hearing
January 4, 2012 Motions Hearing
September 19, 2011 Motions Hearing
March 16, 2011 Motion Hearing
Fairness Hearings:
July 18, 2018 Fairness Hearing
Final Approval of Taishan Settlement
On January 10, 2020, the Court certified the Settlement Class and granted final approval to the Settlement Agreement reached between Class Counsel and Taishan. The Court also awarded 19% of the Settlement Funds as attorney fees, 60% of which were allocated to common benefit counsel and 40% to individually retained attorneys.
Notice of Pendency and Proposed Settlement, Taishan Settlement Agreement
On August 29, 2019, the Court granted preliminary approval of the Settlement Agreement reached between Class Counsel and the Chinese Defendants. A joint fairness hearing for final approval will be held at the United States Courthouse for the Eastern District of Louisiana, 500 Poydras Street, Room C-456, New Orleans, LA 70130 on December 11, 2019 at 9:00 a.m.
Notice of Proposed Settlement
PORTER-BLAINE/VENTURE SUPPLY CLASS - ALLEN SETTLEMENT
NOTICE OF PENDENCY OF PROPOSED SETTLEMENT AGREEMENT OF ASSIGNED CLAIMS IN MDL NO. 2047 ON BEHALF OF THE
PORTER-BLAINE/VENTURE SUPPLY CLASS REGARDING CLAIMS ASSIGNED TO THE CLASS BY THE PORTER-BLAINE/
VENTURE PARTICIPATING DEFENDANTS AND PARTICIPATING INSURERS AGAINST TAISHAN GYPSUM CO. & TAIAN TAISHAN PLASTERBOARD CO., LTD.
Beginning April 27, 2018, Assigned Claims Settlement papers may be examined at the offices of Russ M. Herman or Richard Serpe. Objections to the Assigned Claims Settlement must be mailed to Arnold Levin, Russ Herman and Richard Serpe on or before June 27, 2018.
Joint Fairness Hearing at United States Courthouse for the Eastern District of Louisiana, 500 Poydras Street, Room C-456, New Orleans, LA 70130 and at the Norfolk Circuit Court, 100 St Paul’s Blvd., Norfolk, VA 23510 (DATE/TIME: July 18, 2018 at 10:00 a.m. Central Time in New Orleans, LA and 11:00 a.m. Eastern Time in Norfolk, VA)