Mcgaffin et al v. Cementos Argos S.A. et al
Becky Mcgaffin, Jim Mcgaffin, Nathan Lavoie, Daniel Nunn, Stefanie Nunn and Rachale Lavoie |
Cementos Argos S.A., Argos USA Corp., Argos Cement, LLC and Argos Ready Mix LLC |
4:2016cv00104 |
May 6, 2016 |
US District Court for the Southern District of Georgia |
Savannah Office |
Chatham |
G. R. Smith |
Lisa G. Wood |
Other Personal Property Damage |
28 U.S.C. ยง 1332 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 207 FINAL ORDER AND JUDGMENT granting 203 Motion for Approval of the Class Settlement and Certifying the settlement class pursuant to Federal Rules of Civil Procedure 23(a),(b)(3), and (e), CERTIFIES the above-stated Class, and APPOINTS Jim McGaffin, Becky McGaffin, Daniel Nunn, and Stefanie Nunn as Class Representatives and Pope McGlamry and Moss and Gilmore as Class Counsel, granting 204 Motion for Attorney Fees, Costs and Expenses in the amount of $3,507,000, and granting 205 Motio n for Incentive Awards for Class Representatives in the amount of $25,000.00 per Class Representative. The Court DIRECTS the Parties to proceed to fulfill the terms of their Settlement Agreement. The Court also hereby RETAINS JURISDICTION to en force the terms of the Settlement Agreement, including distribution of the Settlement Fund to the Class, the payment of attorneys' fees and incentive awards, and the fulfillment of the injunctive relief agreed-to by Argos. Signed by District Judge R. Stan Baker on 6/26/20. (jrb) |
Filing 200 ORDER Regarding Final Fairness Hearing by Video Teleconference. Signed by District Judge R. Stan Baker on 6/3/20. (Attachments: # 1 Exhibit) (jrb) |
Filing 198 ORDER granting 197 Motion to Certify Class; granting 197 Motion for Settlement. Within thirty (30) days of the entry of this Order, and after finalization of the list of the members of the Settlement Class, the Settlement Administrator shall se nd a copy of the Notice via first class U.S. mail to members of the Settlement Class. The Final Fairness Hearing shall be held at 1:30 p.m. on Thursday, June 25, 2020, at the United States District Court, Southern District of Georgia, First Floor Courtroom, 125 Bull Street, Savannah, Georgia. Signed by District Judge R. Stan Baker on 3/24/2020. (ca) |
Filing 190 ORDER granting 189 Motion to continue stay. Signed by District Judge R. Stan Baker on 12/23/19. (wwp) |
Filing 188 ORDER granting 187 Motion to Stay. This matter and all proceedings shall be stayed up to and including December 20, 2019. The parties report to the Court on any progress made and whether the stay should be extended or lifted no later than December 29, 2019. Signed by District Judge R. Stan Baker on 11/25/19. (jrb) |
Filing 184 ORDER granting 183 Motion to Stay Case Pending Settlement Negotiations. Signed by District Judge R. Stan Baker on 10/9/19. (jrb) |
Filing 177 ORDER granting 84 Motion to Strike. Plaintiffs' Motion for ClassCertification remains before the Court, but Plaintiffs will not be allowed to assert claims regarding homes located outside the state of Georgia. Signed by District Judge R. Stan Baker on 8/30/19. (jrb) |
Filing 163 ORDER STAYING CASE. The Court hereby STAYS this case and all deadlines UNTIL FURTHER ORDER OF THE COURT. This stay does not affect any deadlines related to the sealing issues in this case. The Court ORDERS the parties to provide a joint status report to the Court within fourteen days of the conclusion of the parties' mediation. Signed by District Judge R. Stan Baker on 2/5/19. (jrb) |
Filing 160 ORDER terminating as moot 67 , 73 , 81 , 83 , 85 , 122 , 123 , 124 , 129 , and 130 Motions to Seal Documents; granting 156 Motion to Seal. Signed by Magistrate Judge James E. Graham on 1/16/19. (jrb) |
Filing 86 ORDER granting re 75 Motion to Substitute Exhibits as to 66 MOTION to Certify Class. Signed by Magistrate Judge G. R. Smith on 3/1/18. (loh) |
Filing 58 ORDER denying 56 Motion to Quash by Christopher Young. Signed by Magistrate Judge G. R. Smith on 8/17/17. (jrb) |
Filing 54 Stipulated PROTECTIVE ORDER. Signed by Magistrate Judge G. R. Smith on 4/3/17. (jrb) |
Filing 44 ORDER granting in part and denying in part 28 Motion to Dismiss. Plaintiffs may proceed on their negligent design and manufacture claim to the extent that they allege that Argos is liable because the dust damages their real and personal property a nd requires them to clean. They may proceed on their negligent failure to warn claim, except insofar as they allege that Argos is liable for damage to their Argos concrete itself. They may proceed in their effort to seek class certification. The remainder of their claims is dismissed. Signed by Chief Judge Lisa G. Wood on 1/13/17. (slt) |
Filing 43 ORDER granting 30 Motion to Stay disposition. Signed by Magistrate Judge G. R. Smith on 10/20/16. (wwp) |
Filing 16 ORDER granting 13 Motion for Leave to Appear pro hac vice for attorney Angela Spivey. Signed by Magistrate Judge G. R. Smith on 6/29/16. (wwp) |
Filing 9 ORDER granting 8 Motion for Leave to Appear pro hac vice for attorney Raymond Moss. Signed by Magistrate Judge G. R. Smith on 5/18/16. (wwp) |
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