Davidson et al v. Georgia Pacific L L C et al
| Tina Davidson, Kathryn D Davidson and Kristen M Davidson |
| J Graves Insulation Co Inc, Taylor Seidenbach Inc, Georgia Pacific L L C, Union Carbide Corp, CertainTeed Corp, Advocate Mines L T D, Graves-Aber Insulation Co Inc and Taylor-Seidenbach Inc |
| Beazer East Inc |
| Celotex Asbestos Settlement Trust and Claims Resolution Management Corp |
| 5:2012cv01463 |
| June 1, 2012 |
| U.S. District Court for the Western District of Louisiana |
| Shreveport Office |
| Bossier |
| Karen L Hayes |
| S Maurice Hicks |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Both |
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| Filing 156 NOTICE of Remand to Clerk of 26th Judicial District Court. (crt,Dauterive, C) |
Filing 155
ORDER granting #154 Motion for Entry of Order for Remand. The Court GRANTS the motion for entry of order for remand and remands this case to the 26th Judicial District Court for Bossier Parish, State of Louisiana for further proceedings. Signed by Judge S Maurice Hicks on 8/2/2016. (crt,Dauterive, C)
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| Motions Transferred regarding #154 MOTION for Entry of Order for Remand. Motions referred to S Maurice Hicks. (crt,Dauterive, C) |
| Filing 154 MOTION for Entry of Order for Remand by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. Motions referred to Karen L Hayes. (Attachments: #1 Exhibit A - Fifth Circuit Opinion, #2 Proposed order)(aty,Siegel, Charles) Modified on 8/1/2016 to edit text (Dauterive, C). |
| Filing 153 MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge S Maurice Hicks. Judge Tom Stagg no longer assigned to case. Issued by Tony R Moore, Clerk, on 5/11/2016. (crt,WalkerSld, B) |
| Filing 152 USCA JUDGMENT/MANDATE (certified copy) as to #150 Notice of Appeal filed by Tina Davidson and #151 Amended Notice of Appeal filed by Kristen M Davidson, Tina Davidson, and Kathryn D Davidson that it is ordered and adjudged that the judgment of the District Court is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that defendants-appellees pay to plaintiffs-appellants the costs on appeal to be taxed by the Clerk of this Court. CASE REOPENED. (crt,WalkerSld, B) |
| FORWARDED APPEAL RECORD to Jennifer E Adams on behalf of CertainTeed Corp regarding #150 Notice of Appeal consisting sent by US Mail on a disc. (crt,Mitchell, Pam) |
| FORWARDED APPEAL RECORD to Charles S Siegel on behalf of Kathryn D Davidson, Kristen M Davidson, Tina Davidson regarding #150 Notice of Appeal, #151 Amended Notice of Appeal sent by US Mail on a disc. (crt,Mitchell, Pam) |
| REQUEST For Record on Appeal by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. re #150 Notice of Appeal, #151 Amended Notice of Appeal (aty,Siegel, Charles) |
| ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re #150 Notice of Appeal, #151 Amended Notice of Appeal. To obtain the Record on Appeal, please log into CM/ECF and select Request for Record on Appeal event under the Appeal Documents category. (crt,Lundy, N) |
| USCA Case Number 14-30925 for #150 Notice of Appeal filed by Tina Davidson. (crt,Lundy, N) |
| Filing 151 AMENDED NOTICE OF APPEAL as to #40 Order, #148 Memorandum Ruling,,, #39 Memorandum Ruling,, by Kathryn D Davidson, Kristen M Davidson, Tina Davidson . (aty,Chester-Schindler, Susannah) |
| Filing 150 NOTICE OF APPEAL as to #148 Memorandum Ruling,,, by Tina Davidson. (Filing fee $505, receipt number 0536-2584854) Appeal Record due by 8/20/2014. (aty,Chester-Schindler, Susannah) |
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Filing 149
JUDGMENT: Based on #148 Memorandum Ruling: IT IS ORDERED that the Daubert motions filed by defendant Certain Teed Corporation and defendant Beazer East, Inc. #114 and #116 are GRANTED, and Daubert motions filed by defendant Georgia-Pacific #123 is GRANTED IN PART, DENIED IN PART. IT IS FURTHER ORDERED that the motions for summary judgment filed by Certain Teed, Beazer, Georgia-Pacific, and defendant Union Carbide Corporation #113 , #118 , #122 and #124 are GRANTED, and all of the plaintiffs claims against Certain Teed, Beazer, Georgia-Pacific, and Union Carbide are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the third-part complaints of Certain Teed, Beazer, and Georgia-Pacific against the Celotex Asbestos Settlement Trust and Claims Resolution Management Corporation #49 and #51 are DISMISSED. Signed by Judge Tom Stagg on 7/11/2014. (crt,Joffrion, B)
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Filing 148
MEMORANDUM RULING: IT IS ORDERED that the Daubert motions filed by defendant Certain Teed Corporation and defendant Beazer East, Inc. #114 and #116 are GRANTED, and Daubert motions filed by defendant Georgia-Pacific #123 is GRANTED IN PART, DENIED IN PART. IT IS FURTHER ORDERED that the motions for summary judgment filed by Certain Teed, Beazer, Georgia-Pacific, and defendant Union Carbide Corporation #113 , #118 , #122 and #124 are GRANTED, and all of the plaintiffs claims against Certain Teed, Beazer, Georgia-Pacific, and Union Carbide are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the third-part complaints of Certain Teed, Beazer, and Georgia-Pacific against the Celotex Asbestos Settlement Trust and Claims Resolution Management Corporation #49 and #51 are DISMISSED. Signed by Judge Tom Stagg on 7/11/2014. (crt,Joffrion, B)
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| Filing 147 NOTICE by Kathryn D Davidson, Kristen M Davidson, Tina Davidson re #145 Exhibit, (aty,Chester-Schindler, Susannah) |
| Filing 146 NOTICE OF FILING OF EXHIBITS re reliance articles for David Schwartz: Exhibit 15 to #129 Memorandum in Opposition to Motion for Summary Judgment of Georgia-Pacific L L C; Exhibit 13 to #130 Memorandum in Opposition to Motion for Summary Judgment of Certainteed Corp; Exhibit 22 to #131 Memorandum in Opposition to Motion for Summary Judgment of Beazer East; Exhibit 29 to #132 Memorandum in Opposition to Motion for Summary Judgment of Union Carbide by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit Reliance Articles Part 1 of 11, #2 Exhibit Reliance Articles Part 2 of 11, #3 Exhibit Reliance Articles Part 3 of 11, #4 Exhibit Reliance Articles Part 4 of 11, #5 Exhibit Reliance Articles Part 5 of 11, #6 Exhibit Reliance Articles Part 6 of 11, #7 Exhibit Reliance Articles Part 7 of 11, #8 Exhibit Reliance Articles Part 8 of 11, #9 Exhibit Reliance Articles Part 9 of 11, #10 Exhibit Reliance Articles Part 10 of 11, #11 Exhibit Reliance Articles Part 11 of 11)(aty,Chester-Schindler, Susannah) Modified on 5/20/2014 to edit text and create appropriate document linkage (Dauterive, C). |
| Filing 145 NOTICE OF FILING OF EXHIBITS re reliance articles for William Ewing: Exhibit 14 to #129 Memorandum in Opposition to Motion for Summary Judgment of Georgia-Pacific L L C; Exhibit 12 to #130 Memorandum in Opposition to Motion for Summary Judgment of Certainteed Corp; Exhibit 21 to #131 Memorandum in Opposition to Motion for Summary Judgment of Beazer East; Exhibit 28 to #132 Memorandum in Opposition to Motion for Summary Judgment of Union Carbide by Kathryn D Davidson and Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit Reliance Articles Part 1 of 3, #2 Exhibit Reliance Articles Part 2 of 3, #3 Exhibit Reliance Articles Part 3 of 3)(aty,Chester-Schindler, Susannah) Modified on 5/20/2014 to edit text create appropriate document linkage. Also see #147 NOTICE (Dauterive, C). |
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Filing 144
ORDER granting #141 Motion to Withdraw as Attorney. Attorney Janice M Culotta and Carol Louise Galloway terminated. Signed by Magistrate Judge Karen L Hayes on 5/6/14. (crt,Crawford, A)
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| Filing 143 CORRECTIVE DOCUMENT entitled consent of withdrawing counsel filed by Georgia Pacific L L C regarding #141 MOTION to Withdraw Carol L. Galloway and Janice M. Culotta as Attorney. (aty,Moncla, Gayla) Modified on 5/5/2014 to edit text (Dauterive, C). |
| Filing 142 NOTICE of Delivery Failure Report as to Carol Louise Galloway re #134 Reply to Response to Motion. (crt,Dauterive, C) |
| Filing 141 MOTION to Withdraw Carol L. Galloway and Janice M. Culotta as Attorney by Georgia Pacific L L C. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Moncla, Gayla) Modified on 5/5/2014 to reflect consent of withdrawing counsel filed as #143 Corrective Document (Dauterive, C). |
| Filing 140 REPLY to Response to Motion re #124 MOTION for Summary Judgment filed by Union Carbide Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(aty,Abraham, Michael) |
| Filing 139 REPLY to Response to Motion re #116 DAUBERT MOTION filed by Beazer East Inc. (Attachments: #1 Exhibit A)(aty,Elliott, Douglas) |
| Filing 138 REPLY to Response to Motion re #118 MOTION for Summary Judgment Reply Memorandum filed by Beazer East Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(aty,Elliott, Douglas) Modified on 5/2/2014 to correctly identify document (Dauterive, C). |
| Filing 137 REPLY to Response to Motion re #114 DAUBERT MOTION filed by CertainTeed Corp. (aty,Adams, Jennifer) |
| Filing 136 REPLY to Response to Motion re #122 MOTION for Summary Judgment filed by Georgia Pacific L L C. (aty,Moncla, Gayla) |
| Filing 135 REPLY to Response to Motion re #123 DAUBERT MOTION filed by Georgia Pacific L L C. (Attachments: #1 Exhibit A - Nelson v. Airco, #2 Exhibit B - Groover v. CBS, #3 Exhibit C - Selikoff)(aty,Moncla, Gayla) |
| Filing 134 REPLY to Response to Motion re #113 MOTION for Summary Judgment filed by CertainTeed Corp. (Attachments: #1 Exhibit Judgment, #2 Exhibit Ewing Depo Excerpt, #3 Exhibit Report prepared by Wesley Noble)(aty,Adams, Jennifer) |
| Filing 133 MEMORANDUM in Opposition re #123 DAUBERT MOTION , #116 DAUBERT MOTION filed by Tina Davidson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(aty,Chester-Schindler, Susannah) |
| Filing 132 MEMORANDUM in Opposition re #124 MOTION for Summary Judgment of Union Carbide filed by Tina Davidson. (Attachments: #1 Statement of material facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Notice of manual attachment 28, #30 Notice of manual attachment 29)(aty,Chester-Schindler, Susannah) Modified on 5/20/2014 to reflect Exhibits referenced in Notices of Manual Attachments electronically filed as documents #145 & #146 (Dauterive, C). |
| Filing 131 MEMORANDUM in Opposition re #118 MOTION for Summary Judgment of Beazer East filed by Tina Davidson. (Attachments: #1 Statement of material facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Notice of manual attachment re Ex 21, #23 Notice of manual attachment re Ex 22)(aty,Chester-Schindler, Susannah) Modified on 5/20/2014 to reflect Exhibits referenced in Notices of Manual Attachments electronically filed as documents #145 & #146 (Dauterive, C). |
| Filing 130 MEMORANDUM in Opposition re #113 MOTION for Summary Judgment of Certainteed Corp. filed by Tina Davidson. (Attachments: #1 Statement of material facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Notice of manual attachment re Ex 12- CD, #14 Notice of manual attachment re Ex 13- CD)(aty,Chester-Schindler, Susannah) Modified on 5/20/2014 to reflect Exhibits referenced in Notices of Manual Attachments electronically filed as documents #145 & #146 (Dauterive, C). |
| Filing 129 MEMORANDUM in Opposition re #122 MOTION for Summary Judgment of Georgia-Pacific LLC filed by Tina Davidson. (Attachments: #1 Statement of material facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Notice of manual attachment re Ex 14- CD, #16 Notice of manual attachment re Ex 15- CD)(aty,Chester-Schindler, Susannah) Modified on 5/20/2014 to reflect Exhibits referenced in Notices of Manual Attachments electronically filed as documents #145 & #146 (Dauterive, C). |
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Filing 128
ORDER granting #127 Motion to Enroll as Counsel. Added as counsel Alexandra E Rossi,Sean J Whittington for Georgia Pacific L L C. Signed by Magistrate Judge Karen L Hayes on 4/14/14. (crt,Crawford, A)
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| Filing 127 MOTION for Sean J. Whittington and Alexandra E. Rossi to Enroll as Counsel by Georgia Pacific L L C. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Moncla, Gayla) |
| Filing 126 NOTICE of Motion Setting regarding #124 MOTION for Summary Judgment. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 125 NOTICE of Motion Setting regarding #122 MOTION for Summary Judgment and #123 DAUBERT MOTION. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 124 MOTION for Summary Judgment by Union Carbide Corp. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit Affidavit of John Meyer, #4 Exhibit Deposition of Mr. Davidson Vol 1, #5 Exhibit Deposition of Mr. Davidson Vol 3, #6 Exhibit National Gypsum Discovery Responses, #7 Exhibit Deposition of Mr. Davidson Vol 4, #8 Exhibit 2-11-72 Correspondence, #9 Exhibit Deposition of Mr. Doty Vol 2, #10 Exhibit Deposition of Dr. Schwartz)(aty,Abraham, Michael) |
| Filing 123 DAUBERT MOTION by Georgia Pacific L L C. (Attachments: #1 Memorandum / Brief, #2 Exhibit A-GP's Discovery Responses, #3 Exhibit B-Deposition, Vol. 1, #4 Exhibit C-Deposition, Vol. 2, #5 Exhibit D-Deposition, Vol. 3, #6 Exhibit E-Ewing Deposition, #7 Exhibit F-Ewing Report, #8 Exhibit G-Schwartz Report, #9 Exhibit H-Schwartz Deposition, #10 Exhibit I-Mannahan v. Caterpillar, #11 Exhibit J-Sweredoski v. Alfa Label, #12 Exhibit K-Sclafani v. Air & Liquid, #13 Exhibit L-Smith v. Ford, #14 Exhibit M-Robertson v. Doug Ashy, #15 Exhibit N-Daly v. Arvinmeritor, #16 Exhibit O-In Re Asbestos, #17 Exhibit P-In Re Asbestos Lit., #18 Exhibit Q-In Re Toxic, #19 Exhibit R-Basile v. American Honda, #20 Exhibit S-Anderson v. Asbestos Corp., #21 Exhibit T-Free v. Ametek, #22 Exhibit U-Anderson Report, #23 Exhibit V-MDL Order)(aty,Moncla, Gayla) |
| Filing 122 MOTION for Summary Judgment by Georgia Pacific L L C. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit A-Deposition, Vol. 1, #4 Exhibit B-Deposition, Vol. 2, #5 Exhibit C-Deposition, Vol. 3, #6 Exhibit D-Opposition Memo)(aty,Moncla, Gayla) |
| Filing 121 NOTICE of Motion Setting regarding #118 MOTION for Summary Judgment . Motions referred to Tom Stagg. (crt,Kennedy, T) |
| Filing 120 NOTICE of Motion Setting regarding #116 DAUBERT MOTION . Motions referred to Tom Stagg. (crt,Kennedy, T) |
| Filing 119 NOTICE of Motion Setting regarding #114 DAUBERT MOTION . Motions referred to Tom Stagg. (crt,Kennedy, T) |
| Filing 118 MOTION for Summary Judgment by Beazer East Inc. (Attachments: #1 Memorandum / Brief Memorandum in Support, #2 Statement of material facts, #3 Proposed order, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit Declaration)(aty,Elliott, Douglas) |
| Filing 117 NOTICE of Motion Setting regarding #113 MOTION for Summary Judgment . Motions referred to Tom Stagg. (crt,Kennedy, T) Modified referral Judge on 4/3/2014 (Kennedy, T). |
| Filing 116 DAUBERT MOTION by Beazer East Inc. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Proposed order, #11 Exhibit)(aty,Elliott, Douglas) |
| Filing 115 CORRECTIVE DOCUMENT entitled 5:12-cv-1463 filed by CertainTeed Corp regarding #114 DAUBERT MOTION Memorandum in Support of Defendant Certainteed Corporation's Motion to Preclude the Testimony of Dr. David Schwartz. (aty,Adams, Jennifer) |
| Filing 114 DAUBERT MOTION by CertainTeed Corp. (Attachments: #1 Exhibit Davidson Dep. I, #2 Exhibit Davidson Dep. II, #3 Exhibit Davidson Dep. III, #4 Exhibit Gibbs Dep., #5 Exhibit Dr. Schwartz report, #6 Exhibit Dr. Schwartz Dep., #7 Exhibit Dr. Schwartz Expert Report, #8 Exhibit Dr. Schwartz Report dated Jan. 29.14, #9 Exhibit William Ewing Report, #10 Exhibit Kyle Dotson report, #11 Exhibit William Ewing Dep, #12 Proposed pleading, #13 Exhibit Davidson Dep. I, #14 Exhibit Davidson Dep. II, #15 Exhibit Davidson Dep. III, #16 Exhibit Gibbs Dep., #17 Exhibit Dr. Schwartz report, #18 Exhibit Dr. Schwartz Dep., #19 Exhibit Schwartz Expert Report, #20 Exhibit Dr. Schwartz Report, #21 Exhibit Wm. Ewing Report, #22 Exhibit Kyle Dotson Report, #23 Exhibit Wm. Ewing Dep.)(aty,Adams, Jennifer) |
| Filing 113 MOTION for Summary Judgment by CertainTeed Corp. (Attachments: #1 Memorandum / Brief, #2 Exhibit Davidson Dep. I, #3 Exhibit Davidson Dep. II, #4 Exhibit Davidson Dep. III, #5 Exhibit Gibbs Dep., #6 Exhibit Dr. Schwartz Report, #7 Exhibit Schwartz Dep., #8 Statement of material facts, #9 Exhibit Dr. Schwartz Report, #10 Exhibit Schwartz Dep., #11 Exhibit Dr. Schwartz Report)(aty,Adams, Jennifer) |
| Motions Transferred regarding #113 MOTION for Summary Judgment . Motions referred to Tom Stagg. (crt,Kennedy, T) |
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Filing 112
ORDER: Based on #111 Memorandum Ruling: IT IS ORDERED that the motions for partial summary judgment filed by Beazer East, Inc. and CertainTeed Corporation #77 , Union Carbide Corporation #79 , and Georgia-Pacific LLC #81 are GRANTED and the plaintiff's survival cause of action against all defendants is DISMISSED WITH PREJUDICE. Signed by Judge Donald E Walter for Judge Tom Stagg on 2/28/2014. (crt,Joffrion, B)
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| Filing 111 MEMORANDUM RULING for the foregoing reasons, defendants' #77 , #79 , and #81 motions for partial summary judgment are GRANTED. Signed by Judge Donald E Walter for Judge Tom Stagg on 2/28/2014. (crt,Joffrion, B) |
| Filing 110 EXHIBIT LIST by CertainTeed Corp. (aty,Adams, Jennifer) |
| Filing 109 WITNESS LIST filed (restricted access) by CertainTeed Corp. (aty,Adams, Jennifer) |
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Filing 108
AMENDED SCHEDULING ORDER: Jury Trial set for 10/27/2014 at 9:30 AM in Shreveport Court House before Judge Tom Stagg. Pretrial Conference set for 9/25/2014 10:00 AM in Chambers before Judge Tom Stagg. Plaintiffs Expert Info/Reports due by 2/3/2014. Witness List due by 2/3/2014. Discovery deadline 3/3/2014. Defendants Expert Info/Reports due by 3/3/2014. Dispositive Motions due by 4/3/2014. Expert Depositions due by 3/17/2014. Conference/Meeting of counsel to prepare pretrial order to be held by 8/26/2014. Motions in Limine due by 9/10/2014. Pretrial Order due by 9/15/2014. Trial Depositions due by 10/6/2014. Trial Brief/Pretrial Submissions due by 10/17/2014. Signed by Magistrate Judge Karen L Hayes on 1/6/14. (crt,Crawford, A)
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Filing 107
ORDER denying #70 Plaintiffs' request to clarify the sufficiency of their expert report disclosures. ORDER denying #84 Motion to Strike as to Dr. David Schwartz and Mr. William Ewing, but granted as to Dr. Arnold Brody. ODER granting #70 Motion for Extension of Time to Submit Rule 26-compliant expert reports as to Dr. David Schwartz and Mr. William Ewing but denied as to Dr Arnold Brody. FURTHER ORDER vacating the #45 Scheduling Order. An amended one will issue in due course. Signed by Magistrate Judge Karen L Hayes on 1/6/14. (crt,Crawford, A)
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| Filing 106 REPLY to Response to #84 MOTION to Strike Plaintiffs' Expert Witnesses filed by Beazer East Inc, CertainTeed Corp, Georgia Pacific L L C, Union Carbide Corp. (crt,Yocum, M) |
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Filing 105
ORDER granting #104 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Karen L Hayes on 12/30/2013. (crt,Yocum, M)
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| Filing 104 MOTION for Leave to File Reply Memorandum in Support of Defendants' Motion to Strike with consent by Beazer East Inc, CertainTeed Corp, Georgia Pacific L L C, Union Carbide Corp. Motions referred to Karen L Hayes. (Attachments: #1 Proposed Reply Memorandum, #2 Proposed Order)(aty,Moncla, Gayla) Modified on 12/26/2013 to edit text (Dauterive, C). |
| Filing 103 REPLY to Response to Motion re #81 MOTION for Partial Summary Judgment as to Plaintiffs' Survival Action filed by Georgia Pacific L L C. (aty,Moncla, Gayla) |
| Filing 102 REPLY to Response to Motion re #79 MOTION for Partial Summary Judgment filed by Union Carbide Corp. (aty,Abraham, Michael) |
| Filing 101 MEMORANDUM in Opposition re #84 MOTION to Strike Plaintiffs' Expert Witnesses filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(aty,Chester-Schindler, Susannah) |
| Filing 100 REPLY to Response to Motion re #77 MOTION for Partial Summary Judgment filed by Beazer East Inc, CertainTeed Corp. (aty,Adams, Jennifer) |
| Filing 99 RESPONSE to Motion re #81 MOTION for Partial Summary Judgment filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Statement of material facts)(aty,Chester-Schindler, Susannah) |
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Filing 98
ORDER granting #96 Motion for Extension of Daubert and Dispositive Motions' Deadlines. Daubert Motions due by 1/24/2014. Dispositive Motions due by 1/24/2014. No othre deadlines or scheduling instructions are altered by this order. Signed by Magistrate Judge Karen L Hayes on 12/12/2013. (crt,Yocum, M)
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| Filing 97 RESPONSE to Motion re #79 MOTION for Partial Summary Judgment filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Statement of material facts)(aty,Chester-Schindler, Susannah) |
| Filing 96 Joint MOTION FOR EXTENSION of Daubert and Dispositive Motions' Deadlines with consent by Beazer East Inc, CertainTeed Corp, Georgia Pacific L L C, Union Carbide Corp, Kathryn D Davidson, Kristen M Davidson and Tina Davidson. Motions referred to Karen L Hayes. (aty,Moncla, Gayla) Modified on 12/11/2013 to add filer (Dauterive, C). |
| Filing 95 Corrective Document STATEMENT of material facts re #93 Memorandum in Opposition to #77 MOTION for Partial Summary Judgment filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (aty,Cannella, David) Modified on 12/10/2013 add document linkage (Dauterive, C). |
| Filing 94 NOTICE of Deficiency to David Ryan Cannella on behalf of Kathryn D Davidson, Kristen M Davidson and Tina Davidson regarding #93 Memorandum in Opposition to Motion for Partial Summary Judgment. Reason: No separate statement of material facts accompanied this opposition to motion for summary judgment. (crt,Dauterive, C) |
| Filing 93 MEMORANDUM in Opposition re #77 MOTION for Partial Summary Judgment of Defendants Certainteed Corporation and Beazer East, Inc. filed by Tina Davidson, Kristen M Davidson and Kathryn D Davidson. (Attachments: #1 Exhibit Diagnosing Report, #2 Exhibit Roggli Article, #3 Exhibit Original Petition for Damages, #4 Exhibit Notice of Removal, #5 Exhibit Conditional Transfer Order, #6 Exhibit Certificate of Death.William Cleve Davidson, #7 Exhibit Conditional Remand Order, #8 Exhibit Original Petition.Survival and Wrongful Death, #9 Exhibit Amended Notice of Removal, #10 Exhibit Order of Remand, #11 Exhibit Order dated 4.23.13, #12 Exhibit Motion to Dismiss)(aty,Cannella, David) Modified on 12/9/2013 to reflect deficient status and add filers (Dauterive, C). Modified on 12/10/2013 to remove deficient status; see #95 Statement of Material Facts (Dauterive, C). |
| Filing 92 REPLY to Response to #70 MOTION for Clarification of Expert Discovery,MOTION for Extension of Time to Complete Discovery, filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(crt,Crawford, A) |
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Filing 91
ORDER granting #88 Motion for Leave to File Reply Brief. Signed by Magistrate Judge Karen L Hayes on 12/6/13. (crt,Crawford, A)
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| Filing 90 CORRECTIVE DOCUMENT entitled Amended Motion for Leave to File a Reply filed by Tina Davidson . (Attachments: #1 Proposed order, #2 Proposed pleading Reply to Defendants' Opposition, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(aty,Chester-Schindler, Susannah) |
| Filing 89 NOTICE of Deficiency to Susannah Balentine Chester-Schindler on behalf of Kathryn D Davidson, Kristen M Davidson, Tina Davidson regarding #88 Amended MOTION for Leave to File Reply with consent to Defendants' Opposition to Plaintiffs' Motion for Clarification. Reason: No proposed order accompanied this motion. (crt,Dauterive, C) |
| Filing 88 Amended MOTION for Leave to File Reply/Opposition with consent to Defendants' Opposition to Plaintiffs' Motion for Clarification by Tina Davidson, Kristen M Davidson and Kathryn D Davidson. Motions referred to Karen L Hayes. (Attachments: #1 Proposed pleading Reply to Opposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(aty,Chester-Schindler, Susannah) Modified on 12/5/2013 to reflect deficient status and add filers (Dauterive, C). Modified on 12/5/2013 to remove deficient status; see #90 Corrective Document (Dauterive, C). |
| Filing 87 DEFICIENT MOTION for Leave to File Reply with consent sought but not yet obtained to Defendants' Opposition to Plaintiffs' Motion for Clarification by Tina Davidson. Motions referred to Karen L Hayes. (Attachments: #1 Proposed pleading Reply to Defendants' Opposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(aty,Chester-Schindler, Susannah) Modified on 12/5/2013 to reflect deficient status (Dauterive, C). Modified on 12/5/2013 to reflect refiled as amended document #88 (Dauterive, C). |
| Filing 86 AMENDED NOTICE of Motion Setting regarding #84 MOTION to Strike Plaintiffs' Expert Witnesses. Motions referred to Karen L Hayes. (crt,Dauterive, C) |
| Filing 85 NOTICE of Motion Setting regarding #84 MOTION to Strike Plaintiffs' Expert Witnesses. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| NOTICE of Corrective Action regarding ADMINISTRATIVE ENTRY - MEMORANDUM in Opposition to Motion. Action taken: Modified docket entry to reflect "Docketed in Error"; clerk docketed Administrative Entry in error as counsel had correctly electronically filed Memorandum in Opposition as document #83 . (crt,Dauterive, C) |
| (DOCKETED IN ERROR) MEMORANDUM in Opposition re #70 MOTION for Clarification of Expert Discovery filed by Beazer East Inc, CertainTeed Corp, Georgia Pacific L L C and Union Carbide Corp. ADMINISTRATIVE ENTRY to capture pleading included within #84 Motion to Strike Plaintiffs' Expert Witnesses. Counsel is reminded, for future filings, that multiple pleadings should not be combined into one document, but should be filed separately. (crt,Dauterive, C) Modified on 12/2/2013 to reflect clerk docketed Administrative Entry in error as counsel correctly electronically filed Memorandum in Opposition as document #83 (Dauterive, C). |
| Filing 84 MOTION to Strike Plaintiffs' Expert Witnesses and Incorporated Opposition to Plaintiffs' Motion for Clarification by Beazer East Inc, CertainTeed Corp, Georgia Pacific L L C, Union Carbide Corp. Motions referred to Karen L Hayes. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(aty,Moncla, Gayla) Modified on 12/2/2013 to edit text (Dauterive, C). |
| Filing 83 MEMORANDUM in Opposition re #70 MOTION for Clarification of Expert Discovery,MOTION for Extension of Time to Complete Discovery filed by Beazer East Inc, CertainTeed Corp, Georgia Pacific L L C, Union Carbide Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(aty,Moncla, Gayla) Modified on 12/2/2013 to edit text (Dauterive, C). |
| Filing 82 NOTICE of Motion Setting regarding #81 MOTION for Partial Summary Judgment. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 81 MOTION for Partial Summary Judgment by Georgia Pacific L L C. (Attachments: #1 Statement of material facts, #2 Memorandum / Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(aty,Moncla, Gayla) |
| Filing 80 NOTICE of Motion Setting regarding #79 MOTION for Partial Summary Judgment. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 79 MOTION for Partial Summary Judgment by Union Carbide Corp. (Attachments: #1 Memorandum / Brief, #2 Exhibit A-Notice of Removal, #3 Exhibit B-Motion to Dismiss, #4 Exhibit C- Order of Dismissal, #5 Statement of material facts)(aty,Abraham, Michael) |
| Filing 78 NOTICE of Motion Setting regarding #77 MOTION for Partial Summary Judgment. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 77 MOTION for Partial Summary Judgment by Beazer East Inc, CertainTeed Corp. (Attachments: #1 Statement of material facts, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Attorney Jennifer E Adams added to party Beazer East Inc(pty:dft))(aty,Adams, Jennifer) |
| Filing 76 NOTICE of Deficiency to Jennifer E Adams on behalf of Beazer East Inc, CertainTeed Corp regarding #75 MOTION for Partial Summary Judgment. Reason: No separate statement of material facts accompanied this motion for summary judgment. (crt,Dauterive, C) |
| Filing 75 DEFICIENT MOTION for Partial Summary Judgment by Beazer East Inc, CertainTeed Corp. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(aty,Adams, Jennifer) Modified on 11/18/2013 to indicate Memorandum in Support included within pdf of main document and to reflect deficient status (Dauterive, C). Modified on 11/19/2013 to reflect corrected and refiled in its entirety as document #77 (Dauterive, C). |
| Filing 74 NOTICE of Motion Setting regarding #70 MOTION for Clarification of Expert Discovery or in the alternative, MOTION for Extension of Time to Complete Discovery. Motions referred to Karen L Hayes. (crt,Crawford, A) |
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Filing 73
ORDER granting in part and denying in part #63 Motion to Compel. Plainitffs shall supplement their responses to BEI's requested discovery within thirty days. Signed by Magistrate Judge Karen L Hayes on 11/6/13. (crt,Crawford, A)
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| Filing 72 REPLY to Response to #63 MOTION to Compel Discovery filed by Beazer East Inc. (Attachments: #1 Exhibit A-Deposition of Kathryn Davidson)(crt,Crawford, A) |
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Filing 71
ORDER granting #68 Motion for Leave to File Reply Brief. Signed by Magistrate Judge Karen L Hayes on 10/31/13. (crt,Crawford, A)
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| Filing 70 MOTION for Clarification of Expert Discovery, alternatively, MOTION for Extension of Time to Complete Discovery with consent sought but not yet obtained by Tina Davidson, Kr. Motions referred to Karen L Hayes. (Attachments: #1 Certificate re efforts to resolve-LR 37.1, #2 Proposed order, #3 Memorandum / Brief, #4 Exhibit #1, #5 Exhibit #2, #6 Exhibit #3, #7 Exhibit #4, #8 Exhibit #5, #9 Exhibit #6, #10 Exhibit #7, #11 Exhibit #8, #12 Exhibit #9, #13 Exhibit #10, #14 Exhibit #11, #15 Exhibit #12, #16 Exhibit #13, #17 Exhibit #14, #18 Exhibit #15, #19 Exhibit #16, #20 Exhibit 17, #21 Exhibit #18, #22 Exhibit #19)(aty,Chester-Schindler, Susannah). Added MOTION for Clarification of Expert Discovery on 10/31/2013 (Dauterive, C). Modified on 10/31/2013 to edit text, add filers and add motion event (Dauterive, C). Modified on 10/31/2013 (Dauterive, C). |
| Motions Transferred regarding #68 MOTION for Leave to File REPLY to Response to Motion re #63 MOTION to Compel Discovery. Motions referred to Karen L Hayes. (crt,Dauterive, C) |
| NOTICE of Corrective Action to Douglas R Elliott on behalf of Beazer East Inc regarding document electronically filed in ERROR as #68 REPLY to Response to Motion. Action taken: Modified docket entry to correctly identify as #68 MOTION for Leave to File REPLY to Response to Motion. (crt,Dauterive, C) |
| Filing 69 NOTICE by Beazer East Inc re #68 Motion for Leave to File Reply to Response to Motion, Amended Statement of Consent For Leave (aty,Elliott, Douglas) Modified onto edit text 10/31/2013 (Dauterive, C). |
| Filing 68 MOTION for Leave to File REPLY to Response to Motion re #63 MOTION to Compel Discovery filed by Beazer East Inc. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Proposed Reply Memorandum, #4 Proposed Exhibit A-Deposition of Kathryn Davidson)(aty,Elliott, Douglas) Modified on 10/31/2013 to correctly identify document and create motion event (Dauterive, C). |
| Filing 67 RESPONSE to Motion re #63 MOTION to Compel Discovery filed by Tina Davidson. (Attachments: #1 Exhibit Kathryn D. responses to interrogatories, #2 Exhibit Kristen D. responses to interrogatories, #3 Exhibit Tina D. responses to interrogatories, #4 Exhibit Original Petition, #5 Exhibit Deposition of Tina Davidson, #6 Exhibit Deposition of Kathryn Davidson)(aty,Chester-Schindler, Susannah) |
| Filing 66 NOTICE of Motion Setting regarding #63 MOTION to Compel Discovery. Motions referred to Karen L Hayes. (crt,Dauterive, C) |
| Filing 65 CORRECTIVE DOCUMENT entitled Memorandum In Support Of Beazer East, Inc.'s Motion To Compel Discovery filed by Beazer East Inc regarding #64 Notice of Deficiency, #63 MOTION to Compel Discovery . (aty,Elliott, Douglas) |
| Filing 64 NOTICE of Deficiency to Douglas R Elliott on behalf of Beazer East Inc regarding #63 MOTION to Compel Discovery. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. (crt,Dauterive, C) |
| Filing 63 MOTION to Compel Discovery by Beazer East Inc. Motions referred to Karen L Hayes. (Attachments: #1 Memorandum / Brief, #2 Certificate re efforts to resolve-LR 37.1, #3 Proposed order, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(aty,Elliott, Douglas) Modified on 10/1/2013 to reflect deficient status (Dauterive, C). Modified on 10/2/2013 to remove deficient status; see #65 Corrective Document (Dauterive, C). |
| NOTICE of Corrective Action regarding #59 Witness List, #60 Witness List, #61 Witness List and #62 Witness List. Action taken: Modified docket entries to reflect "Electronically Filed in Error"; Counsel are reminded of Local Rule 26.5 and FRCP5(d); local and federal rules do not allow routine filing of discovery, including disclosures under Rule 26(a)(1) or (2). No further action on part of counsel is required. (crt,Dauterive, C) |
| Filing 62 (ELECTRONICALLY FILED IN ERROR) WITNESS LIST filed (restricted access) by Union Carbide Corp. (aty,Abraham, Michael) Modified on 9/11/2013 to reflect "Electronically Filed in Error" (Dauterive, C). |
| Filing 61 (ELECTRONICALLY FILED IN ERROR) WITNESS LIST filed (restricted access) by Georgia Pacific L L C. (aty,Moncla, Gayla) Modified on 9/11/2013 to reflect "Electronically Filed in Error" (Dauterive, C). |
| Filing 60 (ELECTRONICALLY FILED IN ERROR) WITNESS LIST filed (restricted access) (Amended) by Beazer East Inc. (aty,Elliott, Douglas) Modified on 9/11/2013 to reflect "Electronically Filed in Error" (Dauterive, C). |
| Filing 59 (ELECTRONICALLY FILED IN ERROR) WITNESS LIST filed (restricted access) by Beazer East Inc. (aty,Elliott, Douglas) Modified on 9/11/2013 to reflect "Electronically Filed in Error" (Dauterive, C). |
| NOTICE of Corrective Action to Jennifer E Adams on behalf of CertainTeed Corp regarding #57 Exhibit List and #58 Witness List. Action taken: Modified docket entry to reflect "Electronically Filed in Error"; Counsel is reminded of Local Rule 26.5 and FRCP5(d); local and federal rules do not allow routine filing of discovery, including disclosures under Rule 26(a)(1) or (2). No further action on part of counsel is required. (crt,Dauterive, C) |
| Filing 58 (ELECTRONICALLY FILED IN ERROR) WITNESS LIST filed (restricted access) by CertainTeed Corp. (aty,Adams, Jennifer) Modified on 9/5/2013 to reflect "Electronically Filed in Error" (Dauterive, C). |
| Filing 57 (ELECTRONICALLY FILED IN ERROR) EXHIBIT LIST filed by CertainTeed Corp. (aty,Adams, Jennifer) Modified on 9/5/2013 to reflect "Electronically Filed in Error" (Dauterive, C). |
| NOTICE of Corrective Action to Gayla M Moncla on behalf of Georgia Pacific L L C regarding #56 Summons Returned Executed as to Claims Resolution Management Corp(Successor to the interest). Action taken: Modified docket entry to reflect service "via Long Arm Statue" and reset answer due date to 8/21/2013. (crt,Dauterive, C) |
| Filing 56 SUMMONS Returned Executed by Georgia Pacific L L C. Claims Resolution Management Corp(Successor to the interest) served, via Long Arm Statute on 7/22/2013, answer due 8/21/2013. (aty,Moncla, Gayla) Modified on 8/19/2013 to reflect service "via Long Arm Statute" and correct answer due date (Dauterive, C). |
| Filing 55 MINUTE ENTRY REASSIGNING CASE. Case reassigned to Magistrate Judge Karen L Hayes. Magistrate Judge Mark L Hornsby no longer assigned to case. (crt,Reeves, T) |
| Filing 54 ELECTRONIC MINUTE ENTRY: The undersigned is hereby recused. The matter will be reassigned to another magistrate judge. (jud,Hornsby, Mark) |
| Filing 53 SUMMONS ISSUED as to Celotex Asbestos Settlement Trust, Claims Resolution Management Corp (crt,Reeves, T) |
| Filing 52 SUMMONS ISSUED as to Celotex Asbestos Settlement Trust, Claims Resolution Management Corp (crt,Reeves, T) |
| Filing 51 THIRD PARTY COMPLAINT against Celotex Asbestos Settlement Trust, Claims Resolution Managment Corp filed by Georgia Pacific L L C.(crt,Reeves, T) |
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Filing 50
ORDER granting #47 Motion for Leave to File Third Party Complaint. Signed by Magistrate Judge Mark L Hornsby on 7/18/2013. (crt,Reeves, T)
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| Filing 49 THIRD PARTY COMPLAINT against Celotex Asbestos Settlement Trust, Claims Resolution Managment Corp filed by CertainTeed Corp, Beazer East Inc.(crt,Reeves, T) |
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Filing 48
ORDER granting #46 Motion for Leave to File Third Party Demand. Signed by Magistrate Judge Mark L Hornsby on 7/18/2013. (crt,Reeves, T)
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| Filing 47 First MOTION for Leave to File Third-Party Complaint with consent sought but not yet obtained by Georgia Pacific L L C. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum / Brief, #2 Proposed pleading, #3 Proposed order)(aty,Moncla, Gayla) |
| Filing 46 First MOTION for Leave to File Third Party Complaint with consent sought but not yet obtained by Beazer East Inc, Certainteed Corp. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum / Brief, #2 Proposed pleading, #3 Proposed order)(aty,Elliott, Douglas) |
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Filing 45
*VACATED* SCHEDULING ORDER: Jury Trial set for 4/8/2014 09:30 AM in Shreveport Court House before Judge Tom Stagg. Pretrial Conference set for 3/13/2014 02:30 PM in Chambers before Judge Tom Stagg. Joinder of Parties and Amendment of Pleadings CLOSED except as to potential Third Party Defendants - due by 7/17/2013. Plaintiffs Expert Info/Reports due by 8/30/2013. Witness List due by 8/30/2013. Discovery deadline 9/30/2013. Defendants Expert Info/Reports due by 10/15/2013. Dispositive Motions due by 12/20/2013. Expert Depositions due by 11/22/2013. Conference/Meeting of counsel to prepare pretrial order to be held by 2/11/2014. Motions in Limine due by 2/26/2014. Pretrial Order due by 3/3/2014. Trial Depositions due by 3/18/2014. Trial Brief/Pretrial Submissions due by 3/31/2014. Signed by Magistrate Judge Mark L Hornsby on 6/17/13. (Attachments: #1 Instructions) (crt,Delgado, S) Modified on 1/6/2014 (Crawford, A) to indicate scheduling order was vacated on this date.
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| Filing 44 RULE 26(f) Report by All Parties. (aty,Moncla, Gayla) Modified on 6/11/2013 to add filers (Dauterive, C). |
| Filing 43 CORPORATE DISCLOSURE STATEMENT by Beazer East Inc identifying Other Affiliate H B M A Holdings L L C for Beazer East Inc. (aty,Elliott, Douglas) Modified on 6/3/2013 to edit text (Dauterive, C). |
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Filing 42
ORDER: Scheduling Conference set for 6/17/2013 at 2:00 PM in Chambers before Magistrate Judge Mark L Hornsby. Rule 26 Conference between parties to take place before 5/27/2013. Initial Disclosures exchanged by 6/10/2013. Rule 26 Report due by 6/10/2013. Signed by Magistrate Judge Mark L Hornsby on 4/30/13. (crt,Delgado, S)
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| Filing 41 MINUTE ENTRY: Counsel for Plaintiffs has advised that defendant Advocate Mines LTD is not a party to this civil action. Accordingly, the Clerk is directed to terminate Advocate from this case. Signed by Magistrate Judge Mark L Hornsby on 4/30/13. (crt,Delgado, S) |
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Filing 40
ORDER: It is ORDERED that Magistrate Judge Hornsby's #26 Memorandum Ruling and #27 Order on Motion to Remand is REVERSED. It is FURTHER ORDERED that the #15 MOTION to Remand filed by Kristen M Davidson, Tina Davidson and Kathryn D Davidson is DENIED. It is FURTHER ORDERED that all claims against defendants J Graves Insulation Co Inc and Taylor Seidenbach Inc are DISMISSED WITH PREJUDICE. Signed by Judge Tom Stagg on 4/23/2013. (crt,Dauterive, C)
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Filing 39
MEMORANDUM RULING re #30 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge filed by Certainteed Corp and #31 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge filed by Georgia Pacific L L C re #26 Memorandum Ruling and #27 Order on #15 Motion to Remand. Magistrate Judge Hornsby's #27 Order and #26 Memorandum Ruling are REVERSED. Therefore the #15 MOTION to Remand is DENIED. All claims against J Graves Insulation Co Inc and Taylor Seidenbach Inc are DISMISSED WITH PREJUDICE. Signed by Judge Tom Stagg on 4/23/2013. (crt,Dauterive, C)
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| Filing 38 REPLY to Response to Motion re #31 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge re #27 Order on Motion to Remand, #26 Memorandum Ruling, by Georgia Pacific L L C. (aty,Galloway, Carol) Modified on 11/9/2012 to more accurately identify document and create appropriate document linkage (Dauterive, C). |
| Filing 37 REPLY to Response to Motion re #30 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge re #27 Order on Motion to Remand, #26 Memorandum Ruling, filed by Certainteed Corp. (aty,Adams, Jennifer) Modified on 11/9/2012 to more accurately identify document and correct document linkage (Dauterive, C). |
| Filing 36 MEMORANDUM in Opposition re #30 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge, #31 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge re #27 Order on Motion to Remand,, #26 Memorandum Ruling, filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Affidavit of Susannah Cester-Schindler, #3 Exhibit B-1 - Exhibit to Affidavit, #4 Exhibit B-2 - Exhibit to Affidavit, #5 Exhibit B-3 - Exhibit to Affidavit, #6 Exhibit B-4 - Exhibit to Affidavit)(aty,Siegel, Charles) |
| Filing 35 NOTICE of Motion Setting regarding #30 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 34 CORRECTIVE DOCUMENT entitled Certificate of Service filed by Certainteed Corp regarding #32 Notice of Deficiency, Regarding CertainTeed's Notice of Appeal of Magistrate Judge's Order Granting Motion to Remand. (aty,Adams, Jennifer) |
| Filing 33 NOTICE of Motion Setting regarding #31 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge re #27 Order on Motion to Remand, #26 Memorandum Ruling. Motions referred to Tom Stagg. (crt,Dauterive, C) |
| Filing 32 NOTICE of Deficiency to Jennifer E Adams on behalf of Certainteed Corp regarding #30 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge. Reason: This document is not accompanied by a certificate of service as required by Fed.R.Civ.P. 5(d). (crt,Dauterive, C) |
| Filing 31 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge re #27 Order on Motion to Remand,, #26 Memorandum Ruling, by Georgia Pacific L L C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(aty,Galloway, Carol) Modified on 10/11/2012 to edit text (Dauterive, C). |
| Filing 30 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Certainteed Corp. (Attachments: #1 Memorandum / Brief)(aty,Adams, Jennifer) Modified on 10/11/2012 to reflect deficient status (Dauterive, C). Modified on 10/15/2012 to remove deficient status; see #34 Corrective Document (Dauterive, C). |
| Filing 29 ANSWER to Complaint of Plaintiffs by Certainteed Corp.(aty,Adams, Jennifer) Modified on 10/9/2012 to edit text (Dauterive, C). |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Certainteed Corp. (aty,Adams, Jennifer) Modified on 10/9/2012 to add Corporate Parent/Other Affiliate Compagnie de Saint-Gobain and Wendel Group (Dauterive, C). |
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Filing 27
ORDER granting #15 Motion to Remand to the 26th Judicial District Court, in and for Bossier Parish, LA, where it is penidng as Case #138861, Division B; This order shall be STAYED until October 12, 2012. Any Appeal to the District Judge must be filed by 10/10/12. If an appeal is taken to the District Judge, the Order shall remain stayed until the appeal is decided. If no timely appeal is filed, the Clerk shall remand the action forthwith. Signed by Magistrate Judge Mark L Hornsby on 9/25/12. (crt,Delgado, S)
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Filing 26
MEMORANDUM RULING: The Motion to Remand #15 is granted, and subject to the stay in the attached order, this matter is remanded to the 26th Judicial District Court in Bossier Parish, Louisiana, where it was pending as Case #138861, Division B. Signed by Magistrate Judge Mark L Hornsby on 9/24/12. (crt,Delgado, S)
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| Filing 25 RESPONSE to Reply to Response to Motion re #15 MOTION to Remand filed by Georgia Pacific L L C. (crt,Dauterive, C) |
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Filing 24
ORDER granting #23 Motion for Leave to File Response to "Plaintiffs' Reply Memorandum in Support of their Motion to Remand". Signed by Magistrate Judge Mark L Hornsby on 8/22/2012. (crt,Dauterive, C)
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| Filing 23 Ex Parte MOTION for Leave to File Georgia-Pacific LLC's Response to "Plaintiffs' Reply Memorandum in Support of their Motion to Remand" with consent by Georgia Pacific L L C. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Proposed pleading, #4 Exhibit Local Rule 7.4.1 Certificate)(aty,Galloway, Carol) |
| Filing 22 REPLY to Response to Motion re #15 MOTION to Remand filed by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. (Attachments: #1 Exhibit A -Order in Tycz v. Asbeka Ind. of New York, inc.)(aty,Siegel, Charles) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Union Carbide Corp identifying Corporate Parent Dow Chemical Co for Union Carbide Corp. (aty,Abraham, Michael) |
| Filing 20 ANSWER to Complaint by Union Carbide Corp.(aty,Abraham, Michael) |
| Filing 19 CERTIFICATE of Service re #17 Memorandum in Opposition to Motion, to Remand by Jennifer E Adams on behalf of Certainteed Corp (aty,Adams, Jennifer) Modified on 8/8/2012 to edit text (Keifer, K). |
| Filing 18 MEMORANDUM in Opposition re #15 MOTION to Remand filed by Georgia Pacific L L C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(aty,Moncla, Gayla) Modified on 8/8/2012 to edit text (Keifer, K). |
| Filing 17 MEMORANDUM in Opposition re #15 MOTION to Remand filed by Certainteed Corp. (Attachments: #1 Proposed order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(aty,Adams, Jennifer) Modified on 8/6/2012 to edit text (Keifer, K). |
| Filing 16 NOTICE of Motion Setting regarding #15 MOTION to Remand. Motions referred to Mark L Hornsby. (crt,Dauterive, C) |
| Filing 15 MOTION to Remand by Kathryn D Davidson, Kristen M Davidson, Tina Davidson. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Plaintiffs' Original Petition, #3 Exhibit B - Affidavit of Susannah Chester-Schindler, #4 Exhibit B-1 - Depo. of William Davidson, #5 Exhibit B-2 - The J. Graves Insulation Co. Suppl. Resp. to Pl. Rogs and RFP, #6 Exhibit B-3 - Depo. of Darrell Matthews, #7 Exhibit B-4 - Affidavit of Margaret J. Baumgardner, #8 Proposed Order)(aty,Siegel, Charles) Modified on 7/20/2012 to edit text (Dauterive, C). |
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Filing 14
ORDER granting #13 Motion to Appear Pro Hac Vice for appearance of Charles S Siegel for Kathryn D Davidson, Kristen M Davidson, and Tina Davidson. Signed by Magistrate Judge Mark L Hornsby on 7/17/12. (crt,Delgado, S)
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| Filing 13 MOTION for Charles S. Siegel to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536-1998648) by Tina Davidson. Motions referred to Mark L Hornsby. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Cannella, David) |
| Filing 12 NOTICE of Deficiency to David R Cannella on behalf of Kathryn D Davidson, Kristen M Davidson, Tina Davidson regarding #11 MOTION for Charles S. Siegel to Appear Pro Hac Vice. Reasons: 1.) $25 fee required; 2.) the proposed order was not on a separate page. (crt,Dauterive, C) |
| Filing 11 DEFICIENT MOTION for Charles S. Siegel to Appear Pro Hac Vice by Kathryn D Davidson, Kristen M Davidson and Tina Davidson. Motions referred to Mark L Hornsby. (aty,Cannella, David) Modified on 7/12/2012 to add filers, correct motion event and reflect deficient status (Dauterive, C). Modified on 7/15/2012 to reflect corrected and refiled in its entirety as document #13 (Dauterive, C). |
| Filing 10 AMENDED NOTICE OF REMOVAL by Georgia Pacific L L C. Amendment to #1 Notice of Removal per Court's Order (Rec. Doc. 8). (aty,Galloway, Carol) Modified on 7/9/2012 to edit text (Dauterive, C). |
| SUMMONS Returned Executed in 26th JDC Bossier Parish, Case Number 138861 B. Taylor Seidenbach Inc served on 5/10/2012, answer due 5/31/2012. ADMINISTRATIVE ENTRY. See Exhibit B, Attachment #2 to #9 Response to Removal Order. (crt,Dauterive, C) |
| Filing 9 RESPONSE TO REMOVAL ORDER by Georgia Pacific L L C . (Attachments: #1 Exhibit A (List of Attorneys Involved in Case), #2 Exhibit B, pt. 1 (Full State Court Record), #3 Exhibit B, pt. 2 (Full State Court Record, #4 Exhibit C (Pleadings filed in State Court), #5 Exhibit D (Certification of Counsel))(aty,Galloway, Carol) |
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Filing 8
MEMORANDUM ORDER re #1 Notice of Removal filed by Georgia Pacific L L C. Georgia Pacific will be allowed until July 9, 2012 to file an Amended Notice of Removal and allege its citizenship (Compliance Deadline set for 7/9/2012). Plaintiffs will be allowed until July 19, 2012 to file any Motion to Remand that challenges the improper joinder plea (Second Compliance Deadline set for 7/19/2012). Signed by Magistrate Judge Mark L Hornsby on 6/20/2012. (crt,Dauterive, C)
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| Filing 7 ANSWER to Complaint with Jury Demand by Georgia Pacific L L C.(aty,Moncla, Gayla) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Georgia Pacific L L C. (aty,Moncla, Gayla) Modified on 6/15/2012 to add Corporate Parent Georgia Pacific Holdings L L C (Dauterive, C). |
| Filing 5 ANSWER to Complaint with Jury Demand by Beazer East Inc.(aty,Elliott, Douglas) |
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Filing 4
REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Mark L Hornsby on 6/4/12. (crt,Whidden, C)
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| Filing 3 NOTICE of Corporate Disclosure Statement Requirement, re: #1 Notice of Removal,, sent to Douglas R Elliott, Jennifer E Adams, Gayla M Moncla, H Philip Radecker, Jr, Michael H Abraham on behalf of Beazer East Inc, Certainteed Corp, Georgia Pacific L L C, J Graves Insulation Co Inc, Union Carbide Corp. (crt,Lundy, N) |
| SUMMONS Returned Executed by Kristen M Davidson, Kathryn D Davidson, Tina Davidson. J Graves Insulation Co Inc served on 5/2/2012, answer due 5/23/2012. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| CONSENT TO REMOVAL by Beazer East Inc. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #7 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| CONSENT TO REMOVAL by Union Carbide Corp. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #7 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| SUMMONS Returned Executed by Kristen M Davidson, Kathryn D Davidson, Tina Davidson. Union Carbide Corp served on 5/2/2012, answer due 5/23/2012. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| DIVISIONAL TRANSFER of Old Case Number 2:12cv1463 from Lake Charles Division to Shreveport Division. New Case Number 5:12cv1463. (crt,Lundy, N) |
| SUMMONS Returned Executed by Kristen M Davidson, Kathryn D Davidson, Tina Davidson. Certainteed Corp served on 5/2/2012, answer due 5/23/2012. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| SUMMONS Returned Executed by Kristen M Davidson, Kathryn D Davidson, Tina Davidson. Georgia Pacific L L C served on 5/2/2012, answer due 5/23/2012. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| ANSWER to Complaint by J Graves Insulation Co Inc. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| Judge Tom Stagg and Magistrate Judge Mark L Hornsby added. (crt,Lundy, N) |
| CONSENT TO REMOVAL by Certainteed Corp. ADMINISTRATIVE ENTRY: THERE IS NO PDF IMAGE WITH THIS ENTRY, THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #7 TO DOC #1 OF THE NOTICE OF REMOVAL. (crt,Lundy, N) |
| Filing 2 CORRECTIVE DOCUMENT: NOTICE of Removal from 26th JDC Bossier Parish, Case Number 138861 with Jury Demand; (Filing fee $350, receipt number 0536-1964808) filed by Georgia Pacific L L C. (Attachments: #1 Civil cover sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit A-1, #4 Exhibit Exhibit A-2, #5 Exhibit Exhibit A-3, #6 Exhibit Exhibit B, #7 Exhibit Exhibit C)(aty,Moncla, Gayla) ADMINISTRATIVE ENTRY: COUNSEL RE-FILED NOTICE OF REMOVAL TO CORRECT THE CERTIFICATE OF SERVICE TO REFLECT ALL COUNSEL NOTICED WITH DOCUMENT. |
| Filing 1 NOTICE of Removal from 26th JDC Bossier Parish, Case Number 138861 B with Jury Demand; (Filing fee $350, receipt number 0536-1964762) filed by Georgia Pacific L L C. (Attachments: #1 Civil cover sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit A-1, #4 Exhibit Exhibit A-2, #5 Exhibit Exhibit A-3, #6 Exhibit Exhibit B, #7 Exhibit Exhibit C)(aty,Moncla, Gayla) |
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