Picht v. James Hardie Building Products, Inc.

Plaintiff: Heidi Picht
Defendant: James Hardie Building Products, Inc.
 
Case Number: 0:2011cv00958
Filed: April 18, 2011
 
Court: Minnesota District Court
Office: DMN Office
County: Stevens
Referring Judge: Leo I. Brisbois
Presiding Judge: Michael J. Davis
 
Nature of Suit: Contract Product Liability
Cause of Action: 28:1441
Jury Demanded By: Both

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Date Filed#Document Text
September 28, 2012 108 Featured Case STIPULATED PROTECTIVE ORDER 13 .(Written Opinion). Signed by Chief Judge Michael J. Davis on 9/28/12. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 1, 2012 109 Featured Case PRETRIAL ORDER NO. 1: CASE MANAGEMENT ORDER 10 . (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/1/12. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 1, 2012 110 Featured Case PRETRIAL ORDER NO. 2. Appointing Retired Chief United States Magistrate Judge Jonathan Lebedoff as Special Master. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/1/12. (Attachments: # 1 Appendix)Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 3, 2012 111 Featured Case PRETRIAL ORDER NO. 3: Attorneys' fees and expenses. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/3/12. (Attachments: # 1 Appendix)Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 3, 2012 112 Featured Case PRETRIAL ORDER NO. 4: Amending Pretrial Order No. 2 to grant additional powers to Special Master Jonathan Lebedoff. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/3/12. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
March 21, 2013 116 Featured Case ORDER. IT IS HEREBY ORDERED: Within seven days from the date of this Order, Plaintiffs shall submit a one page document explicitly stating whether or not they concede that Counts 2 and 3 are subject to dismissal and, if so, whether they concede dismissal as to all or only particular Plaintiffs.(Written Opinion). Signed by Chief Judge Michael J. Davis on 3/21/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
July 15, 2013 118 Featured Case MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED:1.Defendant James Hardie Building Products Inc.'s Motion to Dismiss 36 is GRANTED IN PART and DENIED IN PART as follows: a.Claims of Brian Bethel (Ohio)1.Bethel Count 1: Express Warranty REMAINS .2.Bethel Count 2: Implied Warranty is DISMISSED. 3.Bethel Count 10: Ohio Product Liability Act is DISMISSED.4.Bethel Count 11: Ohio Consumer Sales Practices Act is DISMISSED with regard to the class allegations and REMAINS with regard to Bethels ind ividual allegations. 5.Bethel Count 12: Ohio Deceptive Trade Practices Act is DISMISSED. b.Claims of Jonathan Bowers (Minnesota)1.Bowers Count 1: Express Warranty REMAINS. 2.Bowers Count 2: Implied Warranty REMAINS. 3.Bowers Count 3: Negligence is DI SMISSED. 4.Bowers Counts 7 & 8: Minnesota Acts REMAIN. c.Claims of Mark Kostos, Richard Treece, and John Brown (Illinois)1.Kostos, Treece & Brown Count 1: Express Warranty REMAINS as to Brown and is DISMISSED as to Kostos and Treece. 2.Kostos, Treece & Brown Count 2: Implied Warranty is DISMISSED. 3.Kostos, Treece & Brown Count 3: Negligence is DISMISSED. 4.Kostos, Treece & Brown Count 9: Illinois Consumer Fraud Act is DISMISSED. d.Claims of Hugh Fenwick (Nevada)1.Fenwick Count 1: Express Warra nty REMAINS. 2.Fenwick Count 2: Implied Warranty REMAINS. 3.Fenwick Count 3: Negligence is DISMISSED. e.Claims of Michael Swiencki (Georgia)1.Swiencki Count 1: Express Warranty REMAINS. 2.Swiencki Count 2: Implied Warranty is DISMISSED. 3.Swiencki Co unt 3: Negligence is DISMISSED. f.Claims of the Susan S. Buchanan Personal Residence Trust (Florida)1.Buchanan Trust Count 1: Express Warranty REMAINS. 2.Buchanan Trust Count 2: Implied Warranty is DISMISSED.3.Buchanan Trust Count 3: Negligence is DI SMISSED. g.Claims of James Dillingham (California)1.Dillingham Count 1: Express Warranty REMAINS. 2.Dillingham Count 2: Implied Warranty is DISMISSED. 3.Dillingham Count 3: Negligence is DISMISSED. h.Claims of Masoud Kavianpour (Virginia)1.Kavianpour Count 1: Express Warranty REMAINS. 2.Kavianpour Count 2: Implied Warranty is DISMISSED. 3.Kavianpour Count 3: Negligence is DISMISSED. 4.Kavianpour Count 15: Florida Deceptive and Unfair Trade Practices Act is DISMISSED. 5.Kavianpour Counts 13 and 1 4: the Virginia Consumer Protection Act REMAIN. i.Claims by All Plaintiffs1.Count 4: Declaratory and Injunctive Relief REMAINS. 2.Count 5: California Unfair Competition Law REMAINS. 3.Count 6: California Consumers Legal Remedies Act is DISMISSED.2.De fendant's Motion for Leave to Cite Supplemental Authority in Support of Its Motion to Dismiss 49 is GRANTED. 3.Defendant's Second Motion for Leave to Cite Supplemental Authority in Support of Its Motion to Dismiss 55 is GRANTED. 4.Pla intiffs Heidi Picht and Jonathan Bowers' Motion for Leave to Cite Supplemental Authority in Opposition to Defendant's Motion to Dismiss 57 is GRANTED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 7/15/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
September 16, 2013 119 Featured Case SPECIAL MASTER CASE MANAGEMENT ORDER NO. 2 - SCHEDULING. (Written Opinion). Signed by Jonathan Lebedoff, Special Master on 9/16/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
January 28, 2014 121 Featured Case ORDER. IT IS HEREBY ORDERED: 1. Defendant James Hardie Building Products Inc.'s Amended Objection to Special Master Case Management Order No. 3 96 is OVERRULED and Special Master Case Management Order No. 3 84 is AFFIRMED. 2. Defen dant James Hardie Building Products Inc.'s Amended Objection to Special Master Case Management Order No. 4 97 is OVERRULED and Special Master Case Management Order No. 4 85 is AFFIRMED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/28/14. Associated Cases: 0:12-md-02359-MJD et al.(GRR)

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Plaintiff: Heidi Picht
Represented By: Charles J LaDuca
Represented By: Clayton D Halunen
Represented By: Eric N Linsk
Represented By: Michael-NA A. McShane
Represented By: Elizabeth R Odette
Represented By: Charles E Schaffer
Represented By: Robert K Shelquist
Represented By: Shawn J Wanta
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Defendant: James Hardie Building Products, Inc.
Represented By: U Zoya Arora
Represented By: Heidi A O Fisher
Represented By: Aron J Frakes
Represented By: Steven P Handler
Represented By: David C Klink
Represented By: Christopher M Murphy
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