Burger v. Building Materials Corporation of America
| Burger and Ken Burger |
| Building Materials Corporation of America and BUILDING MATERIALS CORPORATION OF AMERICA doing business as GAF MATERIALS CORPORATION |
| GAF ELK CROSS TIMBERS DECKING MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION |
| 2:2015cv00070 |
| January 6, 2015 |
| US District Court for the District of New Jersey |
| Newark Office |
| XX US, Outside State |
| Joseph A Dickson |
| Jose L Linares |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| ***Civil Case Terminated. Case closed pursuant to FINAL ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT filed in Master Case 2:15-cv-18(JLL), docket entry #126. (mfr) |
Filing 35
MDL TEXT ORDER: The parties are advised that an in person settlement conference is scheduled for 3/17/16 at 10:30 a.m. before USMJ Joseph A. Dickson. Confidential settlement position letters of six (6) pages or less are to be faxed to chambers by 3/11/16. So Ordered by Magistrate Judge Joseph A. Dickson on 1/21/16. Associated Cases: 2:15-cv-00018-JLL-JAD et al.(nm, )
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Filing 34
CASE MANAGEMENT ORDER NO. 10. Signed by Magistrate Judge Joseph A. Dickson on 12/8/2015. Associated Cases: 2:15-cv-00018-JLL-JAD et al.(nr, )
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| Filing 33 OPINION. Signed by Judge Jose L. Linares on 6/26/2015. (Attachments: #1 Opinion Exhibit 1, #2 Opinion Exhibit 2)\(nr, ) |
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Filing 32
CASE MANAGEMENT ORDER NO. 1 - that the provisions of this Order shall govern the practice and procedure in those actions; the civil actions listed in Schedule A are consolidated for pretrial purposes; a Master File Docket is hereby established for this proceeding. For purposes of coordination the Master Docket Number shall be 15-cv-0018 (JLL-JAD) (MDL 2577). Signed by Magistrate Judge Joseph A. Dickson on 2/4/15. (jl, )
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| Filing 31 Clerk's Notice to Counsel. (jl, ) |
| Filing 30 Certified Copy of Transfer Order and docket received, Case transferred in from District of Ohio Southern; Case Number 1:14-cv-00513. Original file certified copy of transfer order and docket sheet received. |
| Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson added. (jl, ) |
| Filing 29 Letter from U.S. District Court - District of New Jersey requesting transfer of case pursuant to Conditional Transfer Order re: MDL No. 2577. (Attachments: #1 Conditional Transfer Order) (sct1) |
| Case transferred to District of New Jersey. Case file and docket sheet sent Electronically. (sct1) |
| Filing 28 Joint MOTION to Stay re #27 Docket Annotation by Defendant Building Materials Corporation of America. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
| Filing 27 CONDITIONAL TRANSFER ORDER from MDL Panel re MDL No. 2577. (sct1) |
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Filing 26
ORDER REGARDING DEFENDANT'S TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND WITH RESPECT TO PLAINTIFF'S AMENDED COMPLAINT signed by Judge William O. Bertelsman on 11/24/2014. Defendant's deadline to respond to Plaintiffs Amended Complaint shall be 21 days after the Judicial Panel on Multidistrict Litigation issues a ruling on the motion to consolidate this action with other putative class actions alleging defects in the same outdoor decking materials at issue in this action. (eh1)
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| Filing 25 Joint MOTION to Clarify #21 Amended Complaint Regarding Defendant's Time to Answer, Move, or Otherwise Respond with Respect to Plaintiffs Amended Complaint by Defendant Building Materials Corporation of America. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
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Filing 24
ORDER granting parties Joint #22 Motion for Extension of Time up to and including 12/8/2014 in which defendant has to answer, move, or otherwise respond to plaintiff's #21 aended complaint filed in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 10/21/2014. (art)
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| Set/Reset Deadlines: Building Materials Corporation of America answer to amended complaint due 12/8/2014. (art) |
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Filing 23
ORDER granting #18 MOTION to Stay Pending the Consolidation of This Action by the JPML. Signed by Judge William O. Bertelsman on 10/17/14. (eh1)
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| Filing 22 Joint MOTION for Extension of Time New date requested 12/8/2014. to Answer, Move, or Otherwise Respond to Plaintiff's Amended Complaint by Defendant Building Materials Corporation of America. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
| Filing 21 AMENDED COMPLAINT against All Defendants, filed by Ken Burger. (Landskroner, Jack) |
| Filing 20 REPLY to Response to Motion re #18 MOTION to Stay Pending the Consolidation of This Action by the JPML Reply in Further Support filed by Defendant Building Materials Corporation of America. (Eckelberry, Rodger) |
| Filing 19 RESPONSE in Opposition re #18 MOTION to Stay Pending the Consolidation of This Action by the JPML filed by Plaintiff Ken Burger. (Attachments: #1 Exhibit A - Responses in Support of Transfer to OHSD, #2 Exhibit B - Responses in Support of Transfer to DNJ, #3 Exhibit C - MDL No. 2577, Doc. 5) (Landskroner, Jack) |
| Filing 18 MOTION to Stay Pending the Consolidation of This Action by the JPML by Defendant Building Materials Corporation of America. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Motion to Transfer, #3 Text of Proposed Order) (Eckelberry, Rodger) |
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Filing 17
ORDER signed by Judge William O. Bertelsman granting #16 Motion for Extension of Time. Plaintiff's response to defendant's #15 motion to dismiss shall be filed on or before October 13, 2014 and defendant shall file its reply to said motion on or before November 26, 2014. (eh1) Modified on 9/11/2014 (eh1).
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| Reset Deadlines as to #15 MOTION to Dismiss. Responses due by 10/13/2014, Replies due by 11/26/2014. (eh1) |
| Filing 16 Joint MOTION for Extension of Time New date requested 10/13/2014. by Plaintiff Ken Burger. (Landskroner, Jack) |
| Filing 15 MOTION to Dismiss by Defendant Building Materials Corporation of America. Responses due by 9/11/2014 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Declaration of Doug Fleming, #3 Exhibit A to Declaration of Doug Fleming (Warranty)) (Eckelberry, Rodger) |
| Filing 14 NOTICE of Appearance by Jacqueline K. Matthews for Defendant Building Materials Corporation of America (Eckelberry, Rodger) Modified docket text on 8/13/2014 (eh1). |
| Filing 13 NOTICE of Appearance by Rand L. McClellan for Defendant Building Materials Corporation of America (Eckelberry, Rodger) Modified docket text on 8/13/2014 (eh1). |
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Filing 12
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice of Frank M. Petosa. Signed by Judge William O. Bertelsman on 7/23/2014. (eh1)
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Filing 11
ORDER granting #8 & #9 Motions for Leave to Appear Pro Hac Vice of Douglas E. Fleming and Andrew J. Rossman. Signed by Judge William O. Bertelsman on 7/22/14. (eh1)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Frank M. Petosa (Filing fee $ 200, receipt number 0648-4658132) by Plaintiff Ken Burger. (Attachments: #1 Exhibit Certificate of Good Standing) (Landskroner, Jack) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Andrew J. Rossman (Filing fee $ 200, receipt number 0648-4655527) by Defendant Building Materials Corporation of America. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Eckelberry, Rodger) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice of Douglas E. Fleming (Filing fee $ 200, receipt number 0648-4655512) by Defendant Building Materials Corporation of America. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Eckelberry, Rodger) |
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Filing 7
ORDER granting #5 Motion for Extension of Time to move or plead in response to plaintiff's complaint. Defendant shall respond on or before 8/18/14. Signed by Judge William O. Bertelsman on 7/18/14. (eh1)
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| Reset Deadlines: Building Materials Corporation of America answer due 8/18/2014. (eh1) |
| Filing 6 Corporate Disclosure Statement by Defendant Building Materials Corporation of America. (Eckelberry, Rodger) |
| Filing 5 Unopposed MOTION for Extension of Time New date requested 8/18/2014. to Move or Plead in Response to Plaintiff's Complaint by Defendant Building Materials Corporation of America. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
| Filing 4 SUMMONS Returned Executed as to Defendant Building Materials Corporation of America. Building Materials Corporation of America served on 6/27/2014, answer due 7/18/2014. (jlw1) |
| Filing 3 CERTIFICATE of Certified Mailing. Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (jee) |
| Filing 2 Summons Issued as to Building Materials Corporation of America. (jee) |
| ***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jee) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4617978), filed by Ken Burger. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Landskroner, Jack) |
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