Memari v. Ply Gem Prime Holdings Inc et al
Plaintiff: Karl Memari
Defendant: MW Manufacturers Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc, Ply Gem Holdings Inc and MWM Holding Inc
Case Number: 2:2013cv00850
Filed: March 29, 2013
Court: US District Court for the District of South Carolina
Office: Charleston Office
County: Charleston
Presiding Judge: Richard M Gergel
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 18, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2015 Filing 153 STIPULATION of Dismissal with prejudice by Karl Memari. (Lucey, Justin)
April 27, 2015 Filing 152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motion hearing held on 4-16-15, before Judge Sol Blatt, Jr. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/18/2015. Redacted Transcript Deadline set for 5/28/2015. Release of Transcript Restriction set for 7/27/2015. Associated Cases: 2:11-cv-00862-SB, 2:13-cv-00850-RMG, 2:13-cv-01843-SB(dpotocki, )
March 4, 2015 Filing 151 TEXT ORDER: Plaintiffs have moved to amend their complaint to add additional parties and to stay the present action. (Dkt. No. 150). The Court is informed that the Defendants do not oppose the motion. The motion to amend is granted. Since the Court previously stayed this action (Dkt. No. 147) the motion to stay is moot. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/4/15.(ltap, )
March 2, 2015 Filing 150 MOTION to Amend/Correct the Complaint to Join Additional Parties and Stay the Present Action (Unopposed) by Karl Memari. Response to Motion due by 3/19/2015. (Attachments: #1 Exhibit A - Third Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
January 26, 2015 Filing 148 TEXT ORDER: The Court has this day stayed this action pending a decision on a related case pending in the First Circuit United States Court of Appeals. All pending motions in this matter (Dkt. Nos. 82, 91, 92, 93 and 99) are DENIED without prejudice with leave to restore following a decision of the First Circuit United States Court of Appeals in the related case. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/26/15.(ltap, )
January 26, 2015 Filing 147 TEXT ORDER: The motion of the Plaintiffs, consented to by the Defendants, to stay this action pending a final decision of the First Circuit United States Court of Appeals in Gulbankian v. MW Manufacturers, Inc. (C.A. No. 1:10-10392) (D. Mass.) is GRANTED. Plaintiffs' motion to join five unidentified prospective plaintiffs who have reportedly opted out of the class action settlement is DENIED without prejudice. Plaintiffs may, however, refile the motion and provide a supporting memorandum that sets forth (1) the name of each proposed party; (2) the address of each proposed party; and (3) the types of windows that form the basis of their claims. Prior to refiling this motion, Plaintiff should, as required by the Local Rules, consult with defense counsel to determine if there is any opposition to this motion. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/26/15. (ltap, )
January 26, 2015 Filing 146 STATUS REPORT DEFENDANTS RESPONSE TO JANUARY 16, 2015 ORDER by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Pharr, Steve)
January 26, 2015 Filing 145 TEXT ORDER: Plaintiff has requested, in response to the Court's text order of 1/16/15 (Dkt. No. 143), that the Court consider (1) staying action on the class claims pending resolution of the appeal pending in the First Circuit U.S. Court of Appeals; (2) allowing five non-parties, who have opted out of the class settlement, to be joined in this action; and (3) permitting the entire litigation to be stayed pending resolution of the First Circuit appeal. (Dkt. No. 144). The Court deems these requests to be motions for the same and directs Defendants to file a response on or before 2/2/15. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/26/13. (ltap, )
January 23, 2015 Filing 144 STATUS REPORT in Response to Court's January 16, 2015 Inquiry by Karl Memari. (Lucey, Justin)
January 16, 2015 Filing 143 TEXT ORDER: The Court was recently advised that the District Court of Massachusetts had approved a class settlement in Gulbankian v. MW Manufacturers, Inc. (1:10-10392). The Gulbankian settlement appears to cover the same proposed class and claims as is proposed in this action. The order approving settlement specifically enjoins "the commencing or prosecuting" of any litigation involving the released claims except by persons who opted out of the settlement. (Dkt. No. 142-2 at 7). The Court is further informed that an appeal has been filed by three objectors to the settlement with the First Circuit Court of Appeals. (Dkt. No. 142-3). There appears, however, to have been no stay sought or granted of the District Court's order by either the District Court of Massachusetts or the First Circuit Court of Appeals. In light of these developments, the parties to this action are directed to file with this Court within 10 days of this order memoranda to address the issue of whether this entire action or the claims for class certification should be dismissed with leave to restore if the order of the District Court of Massachusetts is overturned by a higher appellate court. AND IT IS SO ORDERED.Entered at the direction of the Honorable Richard M Gergel on 1/16/15. (ltap, )
January 15, 2015 Filing 142 STATUS REPORT JOINT by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A- ECF 209 Memorandum of Decision, #2 Exhibit B ECF 210 Final Approval Order, #3 Exhibit C ECF 211 Notice of Appeal)(Pharr, Steve)
January 12, 2015 Filing 141 TEXT ORDER: The parties are directed to file with the Court a status report in this matter on or before 1/15/15 and every 30 days thereafter until the District Court enters a final order approving or denying the motion for approval of the settlement of the class action in Gulbankian v. MW Manufacturers, Inc. (1:10-10392) presently pending in the District Court of Massachusetts. The parties are further directed to file a status report immediately following the issuance of the aforementioned order of the District Court of Massachusetts. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/12/15. (ltap, )
December 4, 2014 Filing 140 STATUS REPORT (JOINT) by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Pharr, Steve)
November 7, 2014 Filing 139 TEXT ORDER: Upon review of the status report filed November 3, 2014, the parties are further ordered to file a status report in thirty days or upon the entry of a final order in the District Court of Massachusetts, whichever comes first. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/7/14. (ltap, )
November 3, 2014 Filing 138 STATUS REPORT of Plaintiffs and Defendants by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Pharr, Steve)
June 10, 2014 Filing 137 STATUS REPORT ORDER: Joint Status Report due no later than 11/3/2014. Entered at the direction of the Honorable Richard M Gergel on 6/10/14. (ltap, )
June 9, 2014 Filing 136 TEXT ORDER: Pursuant to the Order Preliminarily Approving Settlement entered by United States District Judge Zobel on May 23, 2014, in the matter Gulbankian v. MW Manufacturers, Inc., No. 1:10-cv-10392-RWZ, in the District of Massachusetts, the Court hereby stays this action pending the Final Approval Hearing in that action. The parties are further ordered to file with this Court a status report following the Final Approval Hearing in that action and upon the approval or rejection of the Settlement Agreement. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/9/14. (ltap, )
June 9, 2014 Filing 135 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 6/9/2014. Court to issue an order staying matter. Court Reporter Debbie Potocki. (erav, )
May 30, 2014 Filing 134 NOTICE OF RESCHEDULED HEARING: Telephone Conference of 5/30/14 cancelled and rescheduled to 6/9/2014 at 10:00 AM before Honorable Richard M Gergel. Attorneys must initiate conference and then call in to Chambers. No Court Staff needed.(ltap, )
May 29, 2014 Filing 133 NOTICE of Hearing: Telephone Status Conference set for 6/2/2014 10:00 AM before Honorable Richard M Gergel. Attorneys must initiate telephone conference and then call into Chambers. Court Staff needed.(ltap, )
May 27, 2014 Filing 132 STATUS REPORT and Notice of Filing by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A- Order Preliminarily Approving Settlement (in outside matter))(Pharr, Steve)
May 12, 2014 Filing 131 STATUS REPORT and Notice of Filing by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A- Memorandum of Decision in an outside matter)(Pharr, Steve)
May 12, 2014 Filing 130 STATUS REPORT by Karl Memari. (Lucey, Justin)
May 9, 2014 Filing 129 STATUS REPORT by Karl Memari. (Attachments: #1 Exhibit A - Motion to Intervene, #2 Exhibit B - Reply in Support of Motin to Intervene, #3 Exhibit C - Declaration of Justin O'Toole Lucey ISO Motion to Intervene)(Lucey, Justin)
May 8, 2014 Filing 128 DECLARATION by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Incre #127 Sur Reply Brief of Steve M. Pharr in Support of Defendants' Opposition to Class Certification. (Attachments: #1 Exhibit A-Portions of Larry Wozniak Deposition Transcript)(Pharr, Steve)
May 8, 2014 Filing 127 SUR REPLY to REPLY to Response to Motion re #82 MOTION to Certify Class Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Pharr, Steve)
April 28, 2014 Filing 122 REPLY to Response to Motion re #91 Second MOTION to Compel and Memorandum in Support of Plaintiff's Second Motion to Compel Response filed by Karl Memari. (Attachments: #1 Exhibit A Sept. 24, 2013 Jeffrey Cale David Deposition Extracts)(Lucey, Justin) Modified on 4/29/2014 to add description(s) to exhibit(s)(sshe, ).
April 28, 2014 Filing 121 DECLARATION by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Incre #120 Reply to Response to Motion, Notice of Filing of Declaration of Katherine Kayatta. (Attachments: #1 Exhibit A Portions of Rhett Whitlocks September 30, 2013, Deposition Transcript, #2 Exhibit B Portions of Rhett Whitlocks February 20, 2014, Deposition Transcript, #3 Exhibit C Portions of Robert A. Vaughans February 18, 2014, Deposition Transcript, #4 Exhibit D Portions of William D. Smiths February 27, 2014, Deposition Transcript, #5 Exhibit E Portions of James Schillers February 5, 2014, Deposition Transcript, #6 Exhibit F Portions of Julia Finleys February 18, 2014, Deposition Transcript, #7 Exhibit G Portions of Robert A. Moore, Jr.s February 18, 2014, Deposition Transcript)(Pharr, Steve)
April 28, 2014 Filing 120 REPLY to Response to Motion re #92 MOTION to Exclude Expert Testimony of A. Rhett Whitlock Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Pharr, Steve)
April 24, 2014 Filing 119 RESPONSE in Support re #93 MOTION to Seal Document Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit B- Portions of Jonathan Johnson Deposition Transcript, #2 Exhibit C- Portion of the July 31, 2013 Hearing Transcript)(Pharr, Steve)
April 23, 2014 Filing 118 TEXT ORDER: Plaintiffs have filed a motion for leave to file an additional 15 pages in their reply in support of their motion to certify class. (Dkt. No. 108). Defendants oppose the motion, or in the alternative, request leave to file a 15-page surreply within 15 days of the court's order on Plaintiffs' motion. (Dkt. No. 117). After review of the arguments of counsel, the Court finds Defendants' request to file a surreply is reasonable. The Court therefore grants Plaintiffs' motion to file excess pages (Dkt. No. 108) and grants Defendants' request to file a 15-page surreply within 15 days of this order to address any new matters raised in Plaintiffs' reply. No further briefing on the motion to certify class will be allowed. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/23/14.(ltap, )
April 22, 2014 Filing 117 RESPONSE in Opposition re #108 MOTION for Leave to File Excess Pages Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.Reply to Response to Motion due by 5/2/2014 (Attachments: #1 Exhibit Portions of James Kramer deposition transcript 2/28/2014, #2 Exhibit M - portions of Robert Moore, Jr. deposition transcript 2/18/2014)(Pharr, Steve)
April 17, 2014 Filing 116 RESPONSE in Opposition re #91 Second MOTION to Compel and Memorandum in Support Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.Reply to Response to Motion due by 4/28/2014 (Attachments: #1 Exhibit H Second Declaration of Jeffrey Cale David in Support of Defendants Opposition to Plaintiffs Second Motion to Compel, #2 Exhibit I E-mail dated June 17, 2005 from Tony Marwitz, #3 Exhibit J Spreadsheet (Confidential MW-MEM001505), #4 Exhibit K Screen capture, #5 Exhibit L Service Request Forms, #6 Exhibit M Service Request Forms, #7 Exhibit N Portions of Deposition Transcript of Tommy Chapman - December 3, 2013, #8 Exhibit O Portions of Deposition Transcript of Jeffrey Cale David September 24, 2013)(Pharr, Steve)
April 17, 2014 Filing 115 RESPONSE in Opposition re #92 MOTION to Exclude Expert Testimony of A. Rhett Whitlock Response filed by Karl Memari.Reply to Response to Motion due by 4/28/2014 (Attachments: #1 Exhibit A- Whitlock Depo Extracts, #2 Exhibit B- Smith Depo Extracts, #3 Exhibit C- Arthur Depo Extracts, #4 Exhibit D- Bresler Depo Extracts, #5 Exhibit E - Aug. 30, 2012 Bresler Dep. Extracts (Gulbankian v. MW Manufacturers, Inc.))(Lucey, Justin)
April 17, 2014 Filing 114 TEXT ORDER GRANTING #111 NOTICE filed by Karl Memari of Request for Protection from Court Appearance by Justin O'Toole Lucey for 05/27/14-06/10/14 and 07/28/14-08/01/14 Entered at the Direction of Honorable Richard M Gergel on 4/17/2014. (sshe, )
April 17, 2014 Filing 112 TEXT ORDER The time to respond to Plaintiffs' motion for leave to file excess pages (Dkt. No. 108) is hereby shortened to 4/22/14. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/17/2014. (sshe, )
April 16, 2014 Filing 111 NOTICE of Request for Protection from Court Appearance by Justin O'Toole Lucey for 05/27/14-06/10/14 and 07/28/14-08/01/14 (Lucey, Justin)
April 16, 2014 Filing 110 RESPONSE in Opposition re #93 MOTION to Seal Document Response filed by Karl Memari.Reply to Response to Motion due by 4/28/2014 (Lucey, Justin)
April 15, 2014 Filing 109 REPLY to Response to Motion re #82 MOTION to Certify Class Response filed by Karl Memari. (Attachments: #1 Exhibit A- Whitlock Affidavit, #2 Exhibit B- exemplar listing of homeowner testimony, #3 Exhibit C- Whitlock Depo Extracts, #4 Exhibit D- Whitlock Errata, #5 Exhibit E- exemplar listing of WDPs Documentation of Damage, #6 Exhibit F- Secor Depo Extracts, #7 Exhibit G- Hodges Quote, #8 Exhibit H- Hodges Invoice, #9 Exhibit I - Photos of Hodges Warranty Label, #10 Exhibit J - Crabtree Depo Extracts, #11 Exhibit K- Munsey Depo Extracts)(Lucey, Justin)
April 15, 2014 Filing 108 MOTION for Leave to File Excess Pages by Karl Memari. Response to Motion due by 5/2/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
April 14, 2014 Filing 107 TEXT ORDER: On good cause shown and with consent of counsel, the Court grants Defendants' motion for extension of time. (Dkt. No. 106). The time for Defendants to respond to Plaintiffs' second motion to compel (Dkt. No. 91) is hereby extended to April 17, 2014. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/14/14.(ltap, )
April 11, 2014 Filing 106 MOTION for Extension of Time to File Response/Reply as to #91 Second MOTION to Compel and Memorandum in Support by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 4/28/2014. (Attachments: #1 Exhibit A: Declaration of Steve M. Pharr)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
April 7, 2014 Opinion or Order Filing 105 ORDER ENROLLING WITHDRAWAL OF PORTIONS OF THE EXPERT OPINION OF MICHAEL L. BRESLER AND RENDERING PLAINTIFF'S MOTION TO STRIKE OR EXCLUDE MOOT finding as moot #90 Motion to Exclude Signed by Honorable Richard M Gergel on 4/7/2014.(sshe, )
April 7, 2014 Filing 104 PROTECTIVE ORDER granting request for protection from court appearance for Steve M Pharr from 5/26/2014-5/30/2014 Signed by Honorable Richard M Gergel on 4/7/2014. (sshe, )
April 3, 2014 Filing 103 NOTICE of Request for Protection from Court Appearance by Steve M Pharr for 5/26/14 - 5/30/14 (Attachments: #1 Proposed Order Protective Order)(Pharr, Steve)
April 1, 2014 Filing 102 DECLARATION by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Incre #92 MOTION to Exclude Expert Testimony of A. Rhett Whitlock of William D. Smith. (Attachments: #1 Exhibit 1: Report of W Smith 10/23/13, #2 Exhibit 2: Supplemental Report of W Smith 2/25/2014, #3 Exhibit 3: ASTM E2128-01a, #4 Exhibit 4: Excerpts of AAMA 101 containing sections 9.1.1; 9.2.1, #5 Exhibit 5: ASTM E1105)(Pharr, Steve)
April 1, 2014 Filing 101 DECLARATION by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Incre #92 MOTION to Exclude Expert Testimony of A. Rhett Whitlock of Michael Bresler. (Attachments: #1 Exhibit 1: Report of M Bresler 10/30/13, #2 Exhibit 2: Supplemental Report of M Bresler 2/25/2014, #3 Exhibit 3: AAMA 511-05)(Pharr, Steve)
April 1, 2014 Filing 100 DECLARATION by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Incre #92 MOTION to Exclude Expert Testimony of A. Rhett Whitlock of Donald R. Frederico. (Attachments: #1 Exhibit A: Statement of Engineers 8/30/2013 (Part 1), #2 Exhibit A: Statement of Engineers 8/30/2013 (Part 2), #3 Exhibit B: Portions of R Whitlock 9/30/2013 deposition transcript, #4 Exhibit C: Portions of R Whitlock 2/20/2014 deposition transcript, #5 Exhibit D: Report of R Whitlock 12/13/2013, #6 Exhibit E: Report of R Whitlock 12/2/2013)(Pharr, Steve) (Main Document 100 replaced on 4/2/2014) (sshe, ). Modified on 4/2/2014 to replace with corrected document as requested and provided by filing user(sshe, ).
April 1, 2014 Filing 99 MOTION to Seal by Karl Memari. Response to Motion due by 4/18/2014. (Attachments: #1 Exhibit 1- Index of Confidential Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
March 31, 2014 Filing 98 AFFIDAVIT in Opposition re #82 MOTION to Certify Class of Travis Arthur Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A: 2006 IRC relevant portions, #2 Exhibit B: AAMA Bulletin, #3 Exhibit C: CTL Structural Performance Test Reports, #4 Exhibit D: Product Certifications, #5 Exhibit E: Product Certifications)(Pharr, Steve)
March 31, 2014 Filing 97 AFFIDAVIT in Opposition re #82 MOTION to Certify Class Declaration of James Horn Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Pharr, Steve)
March 31, 2014 Filing 96 AFFIDAVIT in Opposition re #82 MOTION to Certify Class Declaration of Jeffrey Cale David Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A: Filed under seal, #2 Exhibit B: Warranty Card)(Pharr, Steve)
March 31, 2014 Filing 95 AFFIDAVIT in Opposition re #82 MOTION to Certify Class Declaration of Katherine S. Kayatta Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A: Portions of Memari 10/16/2013 deposition transcript, #2 Exhibit B: Portions of Schiller 2/5/2014 deposition transcript, #3 Exhibit C: Portions of Vaughan 2/18/2014 deposition transcript, #4 Exhibit D: Portions of Finley 2/18/2014 deposition transcript, #5 Exhibit E: Portions of Moore 2/18/2014 deposition transcript, #6 Exhibit F: Portions of E. Smith 2/18/2014 deposition transcript, #7 Exhibit G: Portions of Barley 2/18/2014 deposition transcript, #8 Exhibit H: Portions of Moreland 2/18/2014 deposition transcript, #9 Exhibit I: Portions of Kramer 2/18/2014 deposition transcript, #10 Exhibit J: Portions of W. Smith 2/27/2014 deposition transcript, #11 Exhibit K: Portions of Barber 10/16/2013 deposition transcript, #12 Exhibit L: Portions of Marwitz 11/4/2013 deposition transcript, #13 Exhibit M: Portions of Chapman 12/3/2013 deposition transcript, #14 Exhibit N: Portions of David 9/24/2013 deposition transcript, #15 Exhibit O: Portions of Cave 10/16/2013 deposition transcript, #16 Exhibit P: Portions of Hopkins 10/16/2013 deposition transcript, #17 Exhibit Q: Portions of Kim 9/13/2013 deposition transcript, #18 Exhibit R: Service Request Form (Memari), #19 Exhibit S: First Amended Complaint in Charleston Common Pleas Case No. 2011-CP-10-4932)(Pharr, Steve)
March 31, 2014 Filing 94 RESPONSE in Opposition re #82 MOTION to Certify Class Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.Reply to Response to Motion due by 4/10/2014 (Pharr, Steve)
March 31, 2014 Filing 93 MOTION to Seal Document by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 4/17/2014. (Attachments: #1 Exhibit A- Index of Confidential Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
March 31, 2014 Filing 92 MOTION to Exclude Expert Testimony of A. Rhett Whitlock by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 4/17/2014. (Attachments: #1 Memo in Support, # 2 - # 8 deleted by clerk per requested and refiled by attorney filing user as separate entries)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve) Modified on 4/2/2014 to remove attachments as requested per attorney filed separately as document #100 #101 #102 (sshe, ).
March 27, 2014 Filing 91 Second MOTION to Compel and Memorandum in Support by Karl Memari. Response to Motion due by 4/14/2014. (Attachments: #1 Exhibit EXHIBIT A - ECF No. 59, #2 Exhibit EXHIBIT B - David Dep.137,3-13, #3 Exhibit EXHIBIT C - December 2013 Production Stipulation, #4 Exhibit EXHIBIT D - MW-MEM1505 (Pl. Ex. 53), # 5 Exhibit EXHIBIT E #6 Exhibit EXHIBIT F - Chapman Dep., 99, 5-100,3, #7 Exhibit EXHIBIT G - February to March 2014 e-mail thread between Plaintiffs and Ply Gem)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin) (Main Document 91 replaced on 3/28/2014) (sshe, ). Modified on 3/28/2014 to replace with corrected signature document provided by filing user(sshe, ). Modified to delete Exhibit E (#91-5) per filing user's request on 4/8/2014 (vdru, ).
March 19, 2014 Filing 90 MOTION to Exclude or Strike Portions of the Expert Opinions of Michael L. Bresler, AIA, and Memo in Support by Karl Memari. Response to Motion due by 4/7/2014. (Attachments: #1 Exhibit A- May 7, 2012 Travis Arthur Dep, #2 Exhibit B- Travis Arthur Depo Extracts, #3 Exhibit C- Pl. Ex. 63, #4 Exhibit D- ATI Report No. 02-33437.01, #5 Exhibit E- David Depo Extracts, #6 Exhibit F- CTLA-1222WR-1, #7 Exhibit G- May 8, 2012 Chris Pickering Dep, #8 Exhibit H- January 9, 2013 Affidavit of Melissa Hopkins, #9 Exhibit I - October 19, 2013 Wagus report, #10 Exhibit J- October 30, 2013 Bresler Report, #11 Exhibit K- Bresler Depo Extracts, #12 Exhibit L- Defs Ex. 12, #13 Exhibit M- ATI Test Reports 01-30082.02 and 01-30082.03, #14 Exhibit N- CTLA 1222W, #15 Exhibit O- NAMI Notices of Product Certification, #16 Exhibit P- Plaintiffs Ex. 176, #17 Exhibit Q- Defs Ex. 21, #18 Exhibit R- Pls Ex. 215)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
March 12, 2014 Filing 89 TEXT ORDER: Finding good cause shown, the Court grants Plaintiffs' motion to exceed by ten pages the page limit on the memorandum in support of class certification. (Dkt. No. 84). The Court further provides Defendants an equal extension; Defendants may exceed by ten pages the page limit on their response to Plaintiffs' memorandum in support of class certification. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/12/14.(ltap, )
March 12, 2014 Filing 88 Additional Attachments to Main Document #82 MOTION to Certify Class . First attachment description: Motion to Certify Class . (Attachments: #1 Exhibit Pl's Exhibit 03, #2 Exhibit Pl's Exhibit 25, #3 Exhibit Pl's Exhibit 26, #4 Exhibit Pl's Exhibit 27, #5 Exhibit Pl's Exhibit 37, #6 Exhibit Pl's Exhibit 38, #7 Exhibit Pl's Exhibit 39, #8 Exhibit Pl's Exhibit 57, #9 Exhibit Pl's Exhibit 81, #10 Exhibit Pl's Exhibit 82, #11 Exhibit Pl's Exhibit 83, #12 Exhibit Pl's Exhibit 86, #13 Exhibit Pl's Exhibit 87, #14 Exhibit Pl's Exhibit 94, #15 Exhibit Pl's Exhibit 186, #16 Exhibit Pl's Exhibit 190, #17 Exhibit Pl's Exhibit 191, #18 Exhibit Pl's Exhibit 192, #19 Exhibit Pl's Exhibit 193, #20 Exhibit Pl's Exhibit 196, #21 Exhibit Pl's Exhibit 197, #22 Exhibit Pl's Exhibit 207)(Lucey, Justin)
March 11, 2014 Filing 87 Additional Attachments to Main Document #82 MOTION to Certify Class . First attachment description: Plaintiffs' Motion to Certify Class . (Attachments: #1 Memo in Support Memo in Support (redacted)_Redacted, #2 Exhibit DEFENDANT EXHIBIT 12_Part1, #3 Exhibit DEFENDANT EXHIBIT 12_Part2, #4 Exhibit DEFENDANT EXHIBIT 12_Part3, #5 Exhibit DEFENDANT EXHIBIT 12_Part4, #6 Exhibit DEFENDANT EXHIBIT 12_Part5, #7 Exhibit DEFENDANT EXHIBIT 12_Part6, #8 Exhibit DEFENDANT EXHIBIT 14_Redacted_Part1, #9 Exhibit DEFENDANT EXHIBIT 14_Redacted_Part2, #10 Exhibit DEFENDANT EXHIBIT 14_Redacted_Part3, #11 Exhibit DEFENDANT EXHIBIT 14_Redacted_Part4, #12 Exhibit DEFENDANT EXHIBIT 14_Redacted_Part5, #13 Exhibit DEFENDANT EXHIBIT 14_Redacted_Part6, #14 Exhibit DEFENDANT EXHIBIT 15_Part1, #15 Exhibit DEFENDANT EXHIBIT 15_Part2, #16 Exhibit DEFENDANT EXHIBIT 15_Part3, #17 Exhibit DEFENDANT EXHIBIT 15_Part4, #18 Exhibit DEFENDANT EXHIBIT 15_Part5, #19 Exhibit DEFENDANT EXHIBIT 15_Part6, #20 Exhibit DEFENDANT EXHIBIT 15_Part7, #21 Exhibit DEFENDANT EXHIBIT 15_Part8, #22 Exhibit DEFENDANT EXHIBIT 21, #23 Exhibit DEFENDANT EXHIBIT 44, #24 Exhibit Pl's Exhibit 20, #25 Exhibit Pl's Exhibit 77, #26 Exhibit Pl's Exhibit 78, #27 Exhibit Pl's Exhibit 79, #28 Exhibit Pl's Exhibit 98, #29 Exhibit Pl's Exhibit 109, #30 Exhibit Pl's Exhibit 162, #31 Exhibit Pl's Exhibit 163, #32 Exhibit Pl's Exhibit 164, #33 Exhibit Pl's Exhibit 165, #34 Exhibit Pl's Exhibit 166, #35 Exhibit Pl's Exhibit 167, #36 Exhibit Pl's Exhibit 171, #37 Exhibit Pl's Exhibit 172, #38 Exhibit Pl's Exhibit 174, #39 Exhibit Pl's Exhibit 175, #40 Exhibit Pl's Exhibit 176, #41 Exhibit Pl's Exhibit 177, #42 Exhibit Pl's Exhibit 179, #43 Exhibit Pl's Exhibit 180, #44 Exhibit Pl's Exhibit 182, #45 Exhibit Pl's Exhibit 183, #46 Exhibit Pl's Exhibit 195, #47 Exhibit Pl's Exhibit 200, #48 Exhibit Pl's Exhibit 201, #49 Exhibit Pl's Exhibit 202, #50 Exhibit Pl's Exhibit 203, #51 Exhibit Pl's Exhibit 204, #52 Exhibit Pl's Exhibit 205, #53 Exhibit Pl's Exhibit 206, #54 Exhibit Pl's Exhibit 208, #55 Exhibit Pl's Exhibit 209_Part1, #56 Exhibit Pl's Exhibit 209_Part2, #57 Exhibit Pl's Exhibit 210, #58 Exhibit Pl's Exhibit 211, #59 Exhibit Pl's Exhibit 213_Redacted, #60 Exhibit Pl's Exhibit 214, #61 Exhibit Pl's Exhibit 215_Redacted, #62 Exhibit Confidential Exhibits)(Lucey, Justin)
March 11, 2014 Filing 86 STATUS REPORT by Karl Memari. (Lucey, Justin)
March 11, 2014 Filing 85 RESPONSE to Motion re #84 MOTION for Leave to File to Exceed Page Limit Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.Reply to Response to Motion due by 3/21/2014 (Attachments: #1 Exhibit A- Portion of July 31, 2013 Hearing Transcript, #2 Exhibit B- proposed Fourth Amended Scheduling Order, #3 Exhibit C - March 9, 2014 e-mail between counsel, #4 Exhibit D- March 10, 2014 e-mail between counsel)(Pharr, Steve)
March 10, 2014 Filing 84 MOTION for Leave to File to Exceed Page Limit by Karl Memari. Response to Motion due by 3/27/2014. No proposed order.(Lucey, Justin)
March 3, 2014 Filing 83 STATUS REPORT (notice of filing and service) by Karl Memari. (Lucey, Justin)
March 3, 2014 Filing 82 MOTION to Certify Class by Karl Memari. Response to Motion due by 3/31/2014. (Attachments: #1 Affidavit Justin Lucey, #2 Affidavit Karl Memari, #3 Affidavit James Schiller, #4 Affidavit Ashley Vaughan, #5 Affidavit Jolene Connor-Hethcox, #6 Affidavit Robert A. Moore, Jr., #7 Affidavit Alan Moreland)No proposed order.(Lucey, Justin) Modified on 3/5/2014 to edit docket text re correct response due date per Dkt No 79 Third Amended Scheduling Order(sshe, ). Modified on 3/12/2014 to reference #87 Additional Attachments filed 3/11/2014(sshe, ). Modified on 3/13/2014 to reference #88 Additional Attachments filed 3/12/2014(sshe, ).
March 3, 2014 Filing 81 PLAINTIFF'S ID OF EXPERT WITNESSES Supplemented in Accordance with the Third Amended Scheduling Order by Karl Memari.(Lucey, Justin)
February 26, 2014 Filing 80 DEFENDANT'S ID OF EXPERT WITNESSES Supplemented in Accordance with the Third Amended Scheduling Order by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.(Pharr, Steve)
February 26, 2014 Filing 79 THIRD AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 3/3/2014,, Defendants ID of Expert Witnesses Due by 3/3/2014,, Class Discovery due by 3/3/2014,, Motions for Class Certification due by 3/3/2014; Motion granted: #73 MOTION to Amend/Correct the Scheduling Order to Allow More Time to Respond to Plaintiffs' Motion for Class Certification filed by Ply Gem Industries Inc, Ply Gem Holdings Inc, MW Manufacturers Inc, MWM Holding Inc, Ply Gem Prime Holdings Inc. Signed by Honorable Richard M Gergel on 2/26/2014. (sshe, )
February 25, 2014 Filing 78 REPLY to Response to Motion re #73 MOTION to Amend/Correct the Scheduling Order to Allow More Time to Respond to Plaintiffs' Motion for Class Certification Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit C- Am. Scheduling Order 7.31.13)(Pharr, Steve)
February 24, 2014 Filing 77 MW Manufacturers, Inc. ANSWER to #72 Amended Complaint by MW Manufacturers Inc.(Pharr, Steve)
February 24, 2014 Filing 76 Ply Gem ANSWER to #72 Amended Complaint by MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.(Pharr, Steve)
February 24, 2014 Filing 75 RESPONSE in Opposition re #73 MOTION to Amend/Correct the Scheduling Order to Allow More Time to Respond to Plaintiffs' Motion for Class Certification Response filed by Karl Memari.Reply to Response to Motion due by 3/6/2014 (Attachments: #1 Exhibit A - December 10, 2013 Email)(Lucey, Justin)
February 19, 2014 Filing 74 TEXT ORDER re #73 MOTION to Amend/Correct the Scheduling Order to Allow More Time to Respond to Plaintiffs' Motion for Class Certification. The time to file a Response to Motion is shortened to 2/24/2013. (ltap, )
February 18, 2014 Filing 73 MOTION to Amend/Correct the Scheduling Order to Allow More Time to Respond to Plaintiffs' Motion for Class Certification by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 3/7/2014. (Attachments: #1 Exhibit A- Declaration of Donald Frederico, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
February 10, 2014 Filing 72 AMENDED COMPLAINT (Second) against All Defendants, filed by Karl Memari. Service due by 6/13/2014 (Lucey, Justin)
December 18, 2013 Opinion or Order Filing 71 ORDER granting #63 Motion for Gavin G. McCarthy to Appear Pro Hac Vice for MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Signed by Honorable Richard M Gergel on 12/18/2013.(sshe, )
December 18, 2013 Filing 70 SECOND AMENDED SCHEDULING ORDER Class Discovery due by 3/3/2014, Plaintiffs ID of Expert Witness due by 3/3/2014, Defendants ID of Expert Witnesses Due by 3/3/2014, Expert Depositions due by 3/3/2014, Motions for Class Certification due by 3/3/2014, Responses filed by 3/17/2014, Replies filed by 3/25/2014; Court will issue new scheduling order following its ruling on class certification Signed by Honorable Richard M Gergel on 12/18/2013. (sshe, )
December 18, 2013 Opinion or Order Filing 69 ORDER granting #58 Plaintiff's Motion to Amend/Correct, denying as moot #59 Plaintiff's Motion to Compel Signed by Honorable Richard M Gergel on 12/18/2013.(sshe, )
December 18, 2013 Filing 68 Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing via Telephone Conference held on 12/18/2013 re #59 MOTION to Compel, #58 MOTION to Amend/Correct #7 Amended Complaint. Court to issue an amended scheduling order extending deadlines. Court Reporter Debbie Potocki. (erav, )
December 17, 2013 Filing 67 NOTICE of Hearing on Motion #59 MOTION to Compel and #58 MOTION to Amend/Correct: Telephone Conference set for 12/18/2013 at 2:00 PM before Honorable Richard M Gergel. Attorneys must initiate conference call and then call into Chambers. Court Staff needed.(ltap, )
December 17, 2013 Filing 66 TEXT ORDER: Finding good cause shown, counsel Justin Lucey's request for protection from court appearances from 1/6/14 to 1/7/14 is GRANTED. (Dkt. No. 61). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/17/13. (ltap, )
December 17, 2013 Filing 65 Additional Attachments to Main Document #64 Response in Opposition to Motion,. . (Attachments: #1 Exhibit C- Correspondance re: Discovery, #2 Exhibit D-Transmittal, #3 Exhibit E-Transmittal, #4 Exhibit F- Letter re: 30(b)(6) topics, #5 Exhibit G-Notice of Product Certification, #6 Exhibit H- Cale David Deposition Sept, #7 Exhibit I- Arthur Dep Sept, #8 Exhibit J-Arthur Dep. Nov., #9 Exhibit K- David Dep. Nov., #10 Exhibit L-Aaron Strauser, #11 Exhibit M- Eric Secor, #12 Exhibit N- Johnson)(Pharr, Steve)
December 16, 2013 Filing 64 RESPONSE in Opposition re #59 MOTION to Compel and Memo in Support Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.Reply to Response to Motion due by 12/27/2013 (Attachments: #1 Exhibit July 31, 2013 hearing transcirpt (portion), #2 Exhibit Gavin McCarthy Aff)(Pharr, Steve) Modified on 12/17/2013 to reference #65 Additional Attachments filed 12/17/2013(sshe, ).
December 16, 2013 Filing 63 MOTION to Appear Pro Hac Vice by Gavin G. McCarthy ( Filing fee $ 250 receipt number 0420-5087323) by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 1/2/2014. (Attachments: #1 Supporting Documents Application/Affidavit)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve) (Additional attachment(s) added on 12/17/2013: #2 Supporting Documents Letter) (sshe, ). Modified on 12/17/2013 to add document attachment per chambers(sshe, ). (Additional attachment(s) added on 1/21/2014: #3 receipt from Finance, Columbia) (sshe, ). Modified on 1/21/2014 to add document attachment received from Columbia Clerk's office(sshe, ).
December 12, 2013 Filing 62 REPLY to Response to Motion re #58 MOTION to Amend/Correct #7 Amended Complaint, and Memorandum in Support Response filed by Karl Memari. (Attachments: #1 Exhibit A - Sales Data) Filing corrected for event type(sshe, )
December 12, 2013 Filing 61 NOTICE of Request for Protection from Court Appearance by Justin O'Toole Lucey for January 6-7, 2014 (Lucey, Justin)
December 2, 2013 Filing 60 RESPONSE in Opposition re #58 MOTION to Amend/Correct #7 Amended Complaint, and Memorandum in Support Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.Reply to Response to Motion due by 12/12/2013 (Attachments: #1 Exhibit E- Hearing Transcript July 31, 2013 (portion), #2 Exhibit F- Arthur Dep. Sept. 23, 2013 (portion), #3 Exhibit G- Whitlock Dep. Sept. 30, 2013 (portion))(Pharr, Steve)
November 27, 2013 Filing 59 MOTION to Compel and Memo in Support by Karl Memari. Response to Motion due by 12/16/2013. (Attachments: #1 Exhibit A-1 MW Resp to P's RFP, #2 Exhibit A-2 MWM Resp to P's RFP, #3 Exhibit A-3 PGH Rep to P's RFP, #4 Exhibit A-4 PGI Resp to P's RFP, #5 Exhibit A-5 PGP Resp to P's RFP, #6 Exhibit B-1 MW Ans to P's RROGS, #7 Exhibit B-2 MWM Ans to P's RROGS, #8 Exhibit B-3 PGH Ans to P's RROGS, #9 Exhibit B-4 PGI Ans to P's RROGS, #10 Exhibit B-5 PGP Ans to P's RROGS, #11 Exhibit C- PGC Depo Notice and Ex A)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
November 13, 2013 Filing 58 MOTION to Amend/Correct #7 Amended Complaint, and Memorandum in Support by Karl Memari. Response to Motion due by 12/2/2013. (Attachments: #1 Exhibit A - September 24, 2013 Deposition of Cale David Excerpts, #2 Exhibit B - February 25, 2011 Affidavit of Michael C. Bowie, #3 Exhibit C- September 23, 2013 Deposition of Travis Arthur Excerpts, #4 Exhibit D - Second Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
October 30, 2013 Filing 57 DEFENDANT'S ID OF EXPERT WITNESSES by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.(Pharr, Steve)
October 16, 2013 Filing 56 NOTICE of Request for Protection from Court Appearance by Stephanie D Drawdy for December 20, 2013 - January 10, 2014 (Drawdy, Stephanie)
September 30, 2013 Filing 55 ANSWER to #7 Amended Complaint, by MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.(Pharr, Steve)
September 23, 2013 Filing 54 CONFIDENTIALITY ORDER granting #53 Motion for Confidentiality Order Signed by Honorable Richard M Gergel on 9/23/2013.(sshe, )
September 20, 2013 Filing 53 Consent MOTION for Confidentiality Order by MW Manufacturers Inc, MWM Holding Inc, Karl Memari, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 10/7/2013. (Attachments: #1 Proposed Order proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
September 19, 2013 Filing 52 STATUS REPORT by Karl Memari. (Attachments: #1 Exhibit A - Gulbankian v. MW Manufacturers, Inc. Docket, #2 Exhibit B- Gulbankian Second Amended Complaint, #3 Exhibit C- Gulbankian Scheduling Order, #4 Exhibit D - Judge Rya W. Zobel Order, #5 Exhibit E - Hartshorn et al v. MW Manufacturers, Inc. Docket, #6 Exhibit F - Hartshorn Complaint)(Lucey, Justin)
August 30, 2013 Filing 51 PLAINTIFF'S ID OF EXPERT WITNESSES by Karl Memari. (Attachments: #1 Exhibit A - Service Letter 26(a)(2)(b) Disclosures 08.30.13)(Lucey, Justin)
August 23, 2013 Filing 50 Amended Local Rule 26.03 Answers to Interrogatories by Karl Memari.(Lucey, Justin)
August 9, 2013 Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Hearing held on July 31, 2013, before Judge Richard M. Gergel. Court Reporter/Transcriber Amy Diaz, Telephone number/E-mail 367-4604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 8/30/2013. Redacted Transcript Deadline set for 9/9/2013. Release of Transcript Restriction set for 11/7/2013. (adia, )
August 6, 2013 Opinion or Order Filing 48 ORDER granting in part and denying in part #15 Motion to Dismiss. The Court denies Defendants' motion to dismiss for lack of personal jurisdiction and denies Defendant's motion to dismiss Plaintiff's claims for 1) common law fraud/constructive fraud by omission/concealment, 2) negligence, 3) negligent misrepresentation, and 4) breach of express and implied warranties; grants Defendant's motion to dismiss Plaintiffs claims for 1) aiding and abetting breach of duty and 2) unjust enrichment. Signed by Honorable Richard M Gergel on 8/6/2013.(sshe, )
July 31, 2013 Filing 47 AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 8/30/2013, Defendants ID of Expert Witnesses Due by 10/30/2013, Class Discovery due by 11/30/2013, Motions for Class Certification due by 1/15/2014, Responses due by 2/01/2014, Replies due by 2/11/2014 Signed by Honorable Richard M Gergel on 7/31/2013. (sshe, )
July 31, 2013 Filing 46 Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 7/31/2013. Court will issue an order. Court Reporter Amy Diaz. (erav, )
July 30, 2013 Filing 45 Local Rule 26.01 Answers to Interrogatories by Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit 1: Second Amended Complaint)(Pharr, Steve)
July 30, 2013 Filing 44 Local Rule 26.01 Answers to Interrogatories by MW Manufacturers Inc. (Attachments: #1 Exhibit 1: Second Amended Complaint)(Pharr, Steve)
July 30, 2013 Filing 43 Local Rule 26.01 Answers to Interrogatories by Ply Gem Industries Inc. (Attachments: #1 Exhibit 1: Second Amended Complaint)(Pharr, Steve)
July 30, 2013 Filing 42 Local Rule 26.01 Answers to Interrogatories by MWM Holding Inc. (Attachments: #1 Exhibit 1: Second Amended Complaint)(Pharr, Steve)
July 30, 2013 Filing 41 Local Rule 26.01 Answers to Interrogatories by Ply Gem Holdings Inc. (Attachments: #1 Exhibit 1: Second Amended Complaint)(Pharr, Steve)
July 22, 2013 Filing 40 REPLY to Response to Motion re #15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc. Response filed by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. (Attachments: #1 Exhibit A - Ply Gem Holdings, Inc. Form 10-K, #2 Exhibit B - Relevant portions of Liam O'Kane's Deposition Transcript)(Pharr, Steve)
July 11, 2013 Filing 39 NOTICE OF RESCHEDULED HEARING Status Conference originally set for 7/18/2013 at 10:00 AM canceled and rescheduled to: Status Conference set for 7/31/2013 10:00 AM in Charleston Courtroom To Be Determined, U. S. Court House, Meeting St at Broad, Charleston before Honorable Richard M Gergel. (sshe, )
July 11, 2013 Filing 38 TEXT ORDER granting #37 Notice of Request of Justin O'Toole Lucey for Protection from Court Appearance for July 10-28, 2013 filed by Karl Memari Signed by Honorable Richard M Gergel on 7/11/2013. (sshe, )
July 8, 2013 Filing 37 NOTICE of Request for Protection from Court Appearance by Justin O'Toole Lucey for July 10-28, 2013 (Attachments: #1 Exhibit Norton May 1, 2013 Order)(Lucey, Justin)
July 3, 2013 Filing 36 NOTICE of Hearing: Status Conference set for 7/18/2013 at 10:00 AM in Charleston Courtroom #2, US Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, )
July 2, 2013 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to File Response/Reply re #15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc. Defendants' Replies due by 7/22/2013. Signed by Honorable Richard M Gergel on 7/2/2013.(sshe, )
July 1, 2013 Filing 34 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc., #25 Response in Opposition to Motion,,,, by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 7/18/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
June 26, 2013 Filing 33 Local Rule 26.03 Answers to Interrogatories by Karl Memari.(Lucey, Justin)
June 26, 2013 Filing 32 DELETION OF DOCKET ENTRY NUMBER 31 Reason: Attorney to refile correct finalized document (Local Rule 26.03 Interrogatories) this date, per attorney phone call to clerk prior to clerk's QA review Filing date of original filing: 6/26/2013 (sshe, )
June 25, 2013 Filing 30 Local Rule 26.03 Answers to Interrogatories by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Filing corrected for event type(sshe, )
June 25, 2013 Filing 29 Supplemental Rule 26(f) Report by MW Manufacturers Inc, MWM Holding Inc, Karl Memari, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.(Pharr, Steve)
June 25, 2013 Filing 28 Rule 26(f) Report by MW Manufacturers Inc, MWM Holding Inc, Karl Memari, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc.(Pharr, Steve)
June 25, 2013 Filing 27 TEXT ORDER granting #24 Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Richard M Gergel on 6/25/13.(ltap, )
June 24, 2013 Filing 26 Additional Attachments to Main Document #25 Response in Opposition to Motion,,,,. First attachment description: Exhibit . (Attachments: #1 Exhibit 21 - February 22, 2011 Email, #2 Exhibit 22 - September 26, 2006 MW Manufacturing Series 600 Test Report, #3 Exhibit 23 - April 2012 correspondence from Arthur to Scholtens, #4 Exhibit 24 - D. Hart Depo. Extracts, #5 Exhibit 25 - Ron Sykora Affidavit, #6 Exhibit 26 - Munsey Depo Extracts, #7 Exhibit 27 - Ply Gem 10-K March 2012, #8 Exhibit 28 - Answer to Amended Complaint (2-11-cv-00862-SB), #9 Exhibit 29 - Builders 600 Series Ply Gem Limited Consumer Warranty)(Lucey, Justin)
June 24, 2013 Filing 25 RESPONSE in Opposition re #15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc. Response filed by Karl Memari.Reply to Response to Motion due by 7/5/2013 (Attachments: #1 Exhibit 1 - Lee Cave Affidavit, #2 Exhibit 2 - Marketing Materials, #3 Exhibit 3 - T. Arthur Depo Extracts, #4 Exhibit 4 - April 3, 2013 Freeman Barber Affidavit, #5 Exhibit 5 - Ply Gems Supplemental Discovery Responses, #6 Exhibit 6 - Ply Gem IPO Extracts, #7 Exhibit 7 - OKane Depo Extracts, #8 Exhibit 8 - March 15, 2013 T. Winters Affidavit, #9 Exhibit 9 - Ply Gem 10-K (Dec 31, 2012) Extracts, #10 Exhibit 10 - OKane Affidavit, Docket No. 15.2, #11 Exhibit 11 - Pickering Aff., June 29, 2012, #12 Exhibit March, #13 Exhibit 13 - Pickering Depo Extracts, #14 Exhibit 14 - Arthur Affidavit, #15 Exhibit 15 - Cobbler Affidavit, #16 Exhibit 16 - Harris Affidavit, #17 Exhibit 17 - Munsey Affidavit, #18 Exhibit 18 - February 25, 2011 M. Bowie Affidavit, #19 Exhibit 19 - Bowie Depo Extracts, #20 Exhibit 20 - Swaffer Depo Extracts)(Lucey, Justin) Modified on 6/25/2013 to reference #26 Additional Attachments filed 6/24/2013(sshe, ).
June 24, 2013 Filing 24 MOTION for Leave to File Excess Pages by Karl Memari. Response to Motion due by 7/11/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
June 12, 2013 Opinion or Order Filing 23 ORDER granting #21 Motion for Katherine Kayatta to Appear Pro Hac Vice for Defendants. Signed by Honorable Richard M Gergel on 6/12/2013.(sshe, )
June 12, 2013 Opinion or Order Filing 22 ORDER granting #20 Motion for Donald R Frederico to Appear Pro Hac Vice for Defendants. Signed by Honorable Richard M Gergel on 6/12/2013.(sshe, )
June 7, 2013 Filing 21 MOTION to Appear Pro Hac Vice by Katherine Kayatta, Esq. ( Filing fee $ 250 receipt number 0420-4762552) by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 6/24/2013. (Attachments: #1 Affidavit Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Admission and Good Standing, #3 Proposed Order (proposed) Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
June 7, 2013 Filing 20 MOTION to Appear Pro Hac Vice by Donald R. Frederico, Esq. ( Filing fee $ 250 receipt number 0420-4762429) by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 6/24/2013. (Attachments: #1 Affidavit Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Admission and Good Standing, #3 Proposed Order (proposed) Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
May 22, 2013 Filing 19 TEXT ORDER granting #18 Motion for Extension of Time to File Response as to #15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc. Response to Motion due by 6/24/2013. Entered at the direction of the Honorable Richard M Gergel on 5/22/13.(ltap, )
May 21, 2013 Filing 18 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc. by Karl Memari. Response to Motion due by 6/7/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
May 21, 2013 Filing 17 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 6/11/2013, 26(a) Initial Disclosures due by 6/25/2013, Rule 26 Report due by 6/25/2013, Motions to Amend Pleadings due by 8/19/2013, Plaintiffs ID of Expert Witness due by 9/18/2013, Defendants ID of Expert Witnesses Due by 10/18/2013, Records Custodian Affidavit due by 10/25/2013, Discovery due by 11/18/2013, Motion in Limine due by 11/25/2013, Motions due by 12/2/2013, Rule 26(a)(3) Disclosures due by 1/31/2014, Pretrial Briefs due by five (5) business days prior to date set for jury selection, Case ready for Jury Selection and/or Trial Deadline on or after 3/3/2014 Signed by Honorable Richard M Gergel on 5/21/2013. (sshe, )
May 17, 2013 Filing 16 ANSWER to #7 Amended Complaint, by MW Manufacturers Inc. Filing corrected for additional event type.(sshe, )
May 17, 2013 Filing 15 MOTION to Dismiss of All Defendants and Answer of MW Manufacturers, Inc. by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 6/3/2013. (Attachments: #1 Memo in Support Memorandum in Support of the Motion to Dismiss, #2 Exhibit A - Affidavit of Liam O'Kane)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
May 6, 2013 Filing 14 SUMMONS Returned Executed by Karl Memari. All Defendants. (Attachments: #1 Exhibit MW Manufacturers, Inc., Return Receipt, #2 Exhibit MWM Holding, Inc. Return Receipt, #3 Exhibit Ply Gem Holdings, Inc Return Receipt, #4 Exhibit Ply Gem Industries, Inc. Return Receipt, #5 Exhibit Ply Gem Prime Holdings, Inc. Return Receipt)(Lucey, Justin)
April 24, 2013 Filing 13 TEXT ORDER Plaintiff's original Complaint named as a defendant MWM Holdings, Inc., and the Complaint was subsequently served on this defendant. (Dkt. Nos. 1,5). Plaintiff thereafter filed an Amended Complaint in which MWM Holdings, Inc. was not named as defendant. (Dkt. No. 7). Therefore, Defendant MWM Holdings, Inc. is dismissed, without prejudice, as a party to this action. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) (stating an amended pleading supersedes the original and renders it of no legal effect); 61B Am. Jur. 2d Pleading 791 (updated 2013) ("[A]n amended [pleading] that omits a defendant operates as a voluntary dismissal as to that defendant...."). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/24/2013. (sshe, )
April 24, 2013 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Answer MW Manufacturers Inc answer due 5/17/2013; MWM Holding Inc answer due 5/17/2013; Ply Gem Holdings Inc answer due 5/17/2013; Ply Gem Industries Inc answer due 5/17/2013; Ply Gem Prime Holdings Inc answer due 5/17/2013. Signed by Honorable Richard M Gergel on 4/24/2013.(sshe, )
April 22, 2013 Filing 11 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc. Response to Motion due by 5/9/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
April 17, 2013 Filing 10 Summons Issued as to All Defendants per #7 Amended Complaint. (sshe, )
April 16, 2013 Filing 8 Amended Local Rule 26.01 Answers to Interrogatories by Karl Memari.(Lucey, Justin)
April 16, 2013 Filing 7 AMENDED COMPLAINT against MW Manufacturers Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Prime Holdings Inc, MWM Holding, Inc., filed by Karl Memari. (Attachments: #1 Summons MW Manufacturers, Inc., #2 Summons MWM Holding, Inc., #3 Summons Ply Gem Holdings, Inc., #4 Summons Ply Gem Industries, Inc., #5 Summons Ply Gem Prime Holdings, Inc.) (Lucey, Justin)
April 16, 2013 Filing 6 SUMMONS Returned Executed by Karl Memari. MW Manufacturers Inc served on 4/5/2013, answer due 4/26/2013; Ply Gem Holdings Inc served on 4/5/2013, answer due 4/26/2013; Ply Gem Industries Inc served on 4/5/2013, answer due 4/26/2013; Ply Gem Prime Holdings Inc served on 4/5/2013, answer due 4/26/2013. (Attachments: #1 Exhibit MW Manufacturers, Inc. Return Recipt, #2 Exhibit Ply Gem Prime Holdings, Inc. Return Recipt, #3 Exhibit Ply Gem Holdings, Inc. Return Receipt, #4 Exhibit Ply Gem Industries, Inc. Return Receipt)(Lucey, Justin)
April 10, 2013 Filing 5 SUMMONS Returned Executed by Karl Memari. MWM Holdings Inc served on 4/4/2013, answer due 4/25/2013. (Attachments: #1 Exhibit Certified Mail Receipt)(Lucey, Justin)
March 29, 2013 Filing 3 Summons Issued as to All Defendants. (sshe, )
March 29, 2013 Filing 2 Local Rule 26.01 Answers to Interrogatories by Karl Memari.(sshe, )
March 29, 2013 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0420-4639726.), filed by Karl Memari.(sshe, )

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Search for this case: Memari v. Ply Gem Prime Holdings Inc et al
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Defendant: MW Manufacturers Inc
Represented By: Katherine S Kayatta
Represented By: Donald R Frederico
Represented By: Gavin G McCarthy
Represented By: Steve M Pharr
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Defendant: Ply Gem Industries Inc
Represented By: Katherine S Kayatta
Represented By: Donald R Frederico
Represented By: Gavin G McCarthy
Represented By: Steve M Pharr
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Defendant: Ply Gem Prime Holdings Inc
Represented By: Katherine S Kayatta
Represented By: Donald R Frederico
Represented By: Gavin G McCarthy
Represented By: Steve M Pharr
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Defendant: Ply Gem Holdings Inc
Represented By: Katherine S Kayatta
Represented By: Donald R Frederico
Represented By: Gavin G McCarthy
Represented By: Steve M Pharr
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Defendant: MWM Holding Inc
Represented By: Katherine S Kayatta
Represented By: Donald R Frederico
Represented By: Gavin G McCarthy
Represented By: Steve M Pharr
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Plaintiff: Karl Memari
Represented By: Dabny Lynn
Represented By: Stephanie D Drawdy
Represented By: Justin O'Toole Lucey
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