Pagliaroni v. Mastic Home Exteriors, Inc. et al
| Anthony D Pagliaroni |
| Deceuninck North America, LLC, Mastic Home Exteriors, Inc. and Ply Gem Holdings, Inc. |
| Melisa Burnett, John Costello, Catherine Lynch and Vicki O'Brien |
| Exponent, Inc. |
| 1:2012cv10164 |
| January 27, 2012 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Bristol |
| Denise J Casper |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 27, 2018. A more recent docket listing may be available from PACER.
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| Filing 313 STIPULATION of Dismissal by John Costello, Deceuninck North America, LLC, Catherine Lynch, Mastic Home Exteriors, Inc., Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 312 Judge Denise J. Casper: ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Hourihan, Lisa) |
| Filing 311 MOTION in Limine to Exclude Evidence of Advertisements and Marketing Materials by Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Brown, Nicholas) |
| Filing 310 ELECTRONIC NOTICE of Hearing. This case will be one trial. Jury Trial set for 6/18/2018 09:00 AM in Courtroom 11 before Judge Denise J. Casper. Final Pretrial Conference set for 6/14/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper.All motions in limine shall be filed by 5/31/18/18. Any opposition to motions in limine shall be filed by 6/7/18/18. Proposed jury instructions and proposed voir dire shall be filed by 6/7/18. (In addition to the filing of proposed jury instructions via ECF, each party shall e-mail a courtesy copy of any proposed jury instructions in a Word document to the Court's Deputy Clerk, Lisa Hourihan at Lisa_Hourihan@mad.uscourts.gov, upon the filing of same via ECF). The parties' final witness lists and exhibit lists shall be filed by 6/7/18. To the extent that the parties can reach agreement about the proposed exhibits, they shall be numbered and a courtesy copy submitted on disc to the Court by 6/7/18. To the extent that there is disagreement about the admissibility of any exhibits, those exhibits should be marked for identification with letters (Exh. A, Exh. B et al.) and a courtesy copy of these exhibits should also be submitted on disc to the Court by 6/7/18. The list of contested exhibits should include a column noting the party objecting to the exhibit and the basis of the objection and then a column for the response to that objection. The Court will hear argument on the motions in limine at the Final Pretrial Conference.The Court is inclined to impose time limits on both parties for trial. The Court will consider the parties' proposal regarding same before setting these limits. The time limit shall apply to all aspects of the parties' presentation at trial including opening statements, closing arguments, direct (and redirect) examination of the parties' witnesses and cross (and recross) examination of the opposing parties' witnesses. Any proposal as to time limits (which shall not exceed 1 page) shall be filed by 6/7/18. (Hourihan, Lisa) |
| Filing 309 Recommendations for Scheduling Order . (McCarthy, Gavin) |
| Filing 308 Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the Court's M&O entered today, the Court ORDERS counsel for the parties to confer and submit a joint proposal for the pre-trial and trial schedule for the remaining claims in this case. Such joint statement, not to exceed 5 pages, shall be filed by March 1, 2018.(Hourihan, Lisa) |
| Filing 307 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS IN PART AND DENIES IN PART Mastic's motion for summary judgment, D. 266, and ALLOWS DNA's motions for summary judgment, D. 270, 272, 274, 276. Accordingly, the only counts that remain are Count I (breach of express warranty claims against Mastic) as to OBrien, Costello and Lynch, and Count II (breach of implied warranty claim against Mastic) as to Costello. As a related matter, the Court ALLOWS Plaintiffs' motion to supplement its disclosure regarding the computations of damages, D. 280, but only as to the portions of Counts I and II that survived the motions for summary judgment and such supplementation must be done by March 1, 2018. (Hourihan, Lisa) |
| Filing 306 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #294 Motion for Leave to File Reply granting #295 Motion for Leave to File Reply nunc pro tunc(Hourihan, Lisa) |
| Filing 305 Opposition re #302 MOTION to Correct #284 Statement of Material Facts L.R. 56.1, filed by Deceuninck North America, LLC, Mastic Home Exteriors, Inc.. (Brown, Nicholas) |
| Filing 304 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 303 Transcript of Motion Hearing held on April 26, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 6/9/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/17/2017. (Scalfani, Deborah) |
| Filing 302 MOTION to Correct #284 Statement of Material Facts L.R. 56.1, by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Text of Proposed Order)(Wanta, Shawn) |
| Filing 301 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 4/26/2017 re #274 MOTION for Summary Judgment as to Plaintiff Catherine Lynch filed by Deceuninck North America, LLC, #272 MOTION for Summary Judgment as to Plaintiff John Costello filed by Deceuninck North America, LLC, #266 MOTION for Summary Judgment filed by Mastic Home Exteriors, Inc., #270 MOTION for Summary Judgment filed by Deceuninck North America, LLC, #263 MOTION for Sanctions (Discovery) filed by Deceuninck North America, LLC, Mastic Home Exteriors, Inc., #280 MOTION for Discovery re Renewed Motion to Supplement Expert Disclosures or Rule 26(a)(1) Initial Disclosures filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch, #276 MOTION for Summary Judgment as to Plaintiff Vicki O'Brien filed by Deceuninck North America, LLC. Arguments. Court takes motions under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Scott Moriarity for the plaintiffs. Nicholas Brown, Donald Frederico, Gavin McCarthy and Brian Troyer for the defendants.) (Hourihan, Lisa) |
| Filing 300 BRIEF by Deceuninck North America, LLC in Support of Separate Trials. (Troyer, Brian) |
| Filing 299 REPLY to Response to #266 MOTION for Summary Judgment filed by Mastic Home Exteriors, Inc.. (Brown, Nicholas) |
| Filing 298 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #293 Motion for Leave to File a Reply to Plaintiffs' Opposition to Mastic's Motion for Summary Judgment by Mastic Home Exteriors, Inc.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 297 DECLARATION re #296 Brief by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit 1 Initial Disclosures, #2 Exhibit 2 Initial Disclosures, #3 Exhibit 3 DNA's Responses to Requests for Admission, #4 Exhibit 3 Mastic's Responses to Requests for Admission)(Wanta, Shawn) |
| Filing 296 BRIEF by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni Plaintiffs' Memorandum In Support of One Trial for the Four Plaintiffs. (Wanta, Shawn) |
| Filing 295 MOTION for Leave to File Reply in Support of Motion for Discovery Sanctions by Deceuninck North America, LLC. (Attachments: #1 Exhibit A)(Troyer, Brian) |
| Filing 294 MOTION for Leave to File Replies in Support of its Motions for Summary Judgment by Deceuninck North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Troyer, Brian) |
| Filing 293 Consent MOTION for Leave to File a Reply to Plaintiffs' Opposition to Mastic's Motion for Summary Judgment by Mastic Home Exteriors, Inc.. (Attachments: #1 Reply)(Brown, Nicholas) |
| Filing 292 MEMORANDUM in Opposition re #280 MOTION for Discovery re Renewed Motion to Supplement Expert Disclosures or Rule 26(a)(1) Initial Disclosures filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 291 Opposition re #266 MOTION for Summary Judgment . (Maynard, Timothy) |
| Filing 290 Opposition re #270 MOTION for Summary Judgment . (Maynard, Timothy) |
| Filing 289 SEALED EXHIBITS re #285 Declaration of Shawn J. Wanta in Support of Both Plaintiffs' Opposition to Defendants Motion for Summary Judgment. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 22, #14 Exhibit 23, #15 Exhibit 24, #16 Exhibit 51)(Maynard, Timothy) |
| Filing 288 Plaintiffs' Statement of Material Facts in Opposition to Defendants' Motion for Summary Judgment. (Maynard, Timothy) |
| Filing 287 Opposition re #266 MOTION for Summary Judgment REDACTED filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 286 MEMORANDUM in Opposition re #274 MOTION for Summary Judgment as to Plaintiff Catherine Lynch, #272 MOTION for Summary Judgment as to Plaintiff John Costello, #270 MOTION for Summary Judgment , #276 MOTION for Summary Judgment as to Plaintiff Vicki O'Brien REDACTED filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 285 DECLARATION re #284 Statement of Material Facts L.R. 56.1, by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit Placeholder for Contract Between Dayton and Alcoa, #2 Exhibit 2 Placeholder for Excerpts from Couchot Deposition, #3 Exhibit 3 Placeholder for Excerpts from England Deposition, #4 Exhibit 4 Placeholder for England memo, #5 Exhibit 5 Placeholder for Oasis ingredient loading database, #6 Exhibit 6 Placeholder for excerpts of Expert Report, #7 Exhibit 7 Excerpts from Debonis Deposition, #8 Exhibit 8 Excerpts from Tichy Deposition, #9 Exhibit 9 Placeholder for emails between employees of DNA and Alcoa, #10 Exhibit 10 Placeholder for Mastic Database excerpt, #11 Exhibit 11 Placeholder for DNA slide presentation, #12 Exhibit 12 Placeholder for emails between employees of DNA and Alcoa, #13 Exhibit 13 Placeholder for emails between employees of DNA and Alcoa, #14 Exhibit 14 Excerpts of 2006 brochure for Oasis, #15 Exhibit 15 Excerpts of 2006 Oasis manual, #16 Exhibit 16 Excerpts of 2007 Oasis manual, #17 Exhibit 17 Excerpts of 2007 brochure for Oasis, #18 Exhibit 18 Placeholder for excerpts from Lipsius deposition, #19 Exhibit 19 Placeholder for Email between employees of DNA and Mastic, #20 Exhibit 20 Wright expert report, #21 Exhibit 21 Excerpts from Pagliaroni deposition, #22 Exhibit 22 Placeholder Warranty Claim Form, #23 Exhibit 23 Placeholder Letter from Mastic warranty to Pagliaroni, #24 Exhibit 24 Placeholder Pagliaroni inspection report, #25 Exhibit 25 Pagliaroni photos, #26 Exhibit 26 Pagliaroni photos, #27 Exhibit 27 Pagliaroni photos, #28 Exhibit 28 Excerpts from OBrien deposition, #29 Exhibit 29 Alcoa brochure from OBrien, #30 Exhibit 30 OBrien decking invoices, #31 Exhibit 31 OBrien inspection report, #32 Exhibit 32 OBrien warranty claim denial letter, #33 Exhibit 33 OBrien photos, #34 Exhibit 34 Excerpts from Lynch deposition, #35 Exhibit 35 Lynch decking invoice, #36 Exhibit 36 Lynch Oasis brochure, #37 Exhibit 37 Lynch Oasis product specification, #38 Exhibit 38 Lynch information sheets, #39 Exhibit 39 Lynch supplemental answers to DNAs interrogatories, #40 Exhibit 40 Lynch photos, #41 Exhibit 41 Lynch notes, #42 Exhibit 42 Lynch letter from Mastic, #43 Exhibit 43 Lynch warranty claim package, #44 Exhibit 44 Transcript from Costello deposition, #45 Exhibit 45 Costello work order, #46 Exhibit 46 Costello inspection report, #47 Exhibit 47 Costello letter from Ply Gem, #48 Exhibit 48 Oasis information package, #49 Exhibit 49 Costello photos, #50 Exhibit 50 Costello letter from Mastic, #51 Exhibit 51 Placeholder for excerpts from Scott Ricke deposition, #52 Exhibit 52 Excerpts from Blais deposition)(Wanta, Shawn) |
| Filing 284 Statement of Material Facts L.R. 56.1 re #274 MOTION for Summary Judgment as to Plaintiff Catherine Lynch, #272 MOTION for Summary Judgment as to Plaintiff John Costello, #266 MOTION for Summary Judgment , #270 MOTION for Summary Judgment , #276 MOTION for Summary Judgment as to Plaintiff Vicki O'Brien REDACTED filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 283 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #282 Motion to Seal Certain Documents and Citations to Those Documents Within Plaintiffs' Oppositions to Motions for Summary Judgement by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Hourihan, Lisa) |
| Filing 282 MOTION to Seal Certain Documents and Citations to Those Documents Within Plaintiffs' Oppositions to Motions for Summary Judgement by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 281 MEMORANDUM in Support re #280 MOTION for Discovery re Renewed Motion to Supplement Expert Disclosures or Rule 26(a)(1) Initial Disclosures filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) (Main Document 281 replaced on 4/5/2017) (Maynard, Timothy). |
| Filing 280 MOTION for Discovery re Renewed Motion to Supplement Expert Disclosures or Rule 26(a)(1) Initial Disclosures by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Text of Proposed Order)(Wanta, Shawn) (Main Document 280 replaced on 4/5/2017) (Maynard, Timothy). |
| Filing 279 Opposition re #263 MOTION for Sanctions (Discovery) filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Declaration of Shawn J. Wanta, #2 Exhibit 1- Crawford Report for Lynch, #3 Exhibit 2- Excerpts of Deposition of Lynch, #4 Exhibit 3- Work Order for Costello, #5 Exhibit 4- Crawford Report for Costello, #6 Exhibit 5- Receipts, #7 Exhibit 6- Excerpts of Deposition of Costello, #8 Exhibit 7- Excerpts of Deposition of Vicki O'Brien, #9 Exhibit 8- Excerpts of Deposition of Patrick O'Brien, #10 Exhibit 9- Crawford Report for Pagliarioni, #11 Exhibit 10- Excerpts of Deposition of Pagliaroni, #12 Exhibit 11- Expert Report from S.C. Wright, #13 Exhibit 12- Excerpts from Deposition of Steven Wright)(Wanta, Shawn) |
| Filing 278 DECLARATION re #274 MOTION for Summary Judgment as to Plaintiff Catherine Lynch, #271 Memorandum in Support of Motion, #277 Memorandum in Support of Motion, #275 Memorandum in Support of Motion, #273 Memorandum in Support of Motion, #270 MOTION for Summary Judgment , #272 MOTION for Summary Judgment as to Plaintiff John Costello, #276 MOTION for Summary Judgment as to Plaintiff Vicki O'Brien by Deceuninck North America, LLC. (Attachments: #1 Exhibit 1 - Wayne Dep. Transcript, #2 Exhibit 2 - V. O'Brien Dep. Transcript Excerpts, #3 Exhibit 3 - P. O'Brien Dep. Transcript, #4 Exhibit 4 - Exhibit 29 from V. O'Brien Dep., #5 Exhibit 5 - Exhibit 27 from V. O'Brien Dep., #6 Exhibit 6 - Exhibit 33 from V. O'Brien Dep., #7 Exhibit 7 - Exhibit 36 from V. O'Brien Dep, #8 Exhibit 8 - O'Brien's Objections and Responses to Defendant DNA's First Set of Interrogatories, #9 Exhibit 9 - Lynch Dep. Excerpts, #10 Exhibit 10 - Lynch Dep. Exhibit 5, #11 Exhibit 11 - Lynch Dep. Exhibit 7, #12 Exhibit 12 - Lynch's Objections and Responses to Defendant DNA's First Set of Interrogatories, #13 Exhibit 13 - Costello Dep. Excerpts, #14 Exhibit 14 - Exhibit 122 - Costello John, #15 Exhibit 15 - Exhibit 115 - Costello John, #16 Exhibit 16 - Exhibit 116 - Costello John, #17 Exhibit 17 - Exhibit 118 - Costello John, #18 Exhibit 18 - Costello's Objections and Responses to Defendant DNA's First Set of Interrogatories, #19 Exhibit 19 - Pagliaroni Dep. Excerpts, #20 Exhibit 20 - Exhibit 016 - Pagliaroni, #21 Exhibit 21 - Agin - Exhibit C, #22 Exhibit 22 - Pagliaroni's Objections and Responses to Defendant DNA's First Set of Interrogatories, #23 Exhibit 23 - Exhibit 020 - Pagliaroni, #24 Exhibit 24 - Exhibit 018 - Pagliaroni, #25 Exhibit 25 - Exhibit 025 - Pagliaroni Inspection Report)(Troyer, Brian) |
| Filing 277 MEMORANDUM in Support re #276 MOTION for Summary Judgment as to Plaintiff Vicki O'Brien filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 276 MOTION for Summary Judgment as to Plaintiff Vicki O'Brien by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 275 MEMORANDUM in Support re #274 MOTION for Summary Judgment as to Plaintiff Catherine Lynch filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 274 MOTION for Summary Judgment as to Plaintiff Catherine Lynch by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 273 MEMORANDUM in Support re #272 MOTION for Summary Judgment as to Plaintiff John Costello filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 272 MOTION for Summary Judgment as to Plaintiff John Costello by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 271 MEMORANDUM in Support re #270 MOTION for Summary Judgment filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 270 MOTION for Summary Judgment by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 269 Statement of Material Facts L.R. 56.1 re #266 MOTION for Summary Judgment filed by Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 268 DECLARATION re #267 Memorandum in Support of Motion, #266 MOTION for Summary Judgment by Mastic Home Exteriors, Inc.. (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)(Frederico, Donald) |
| Filing 267 MEMORANDUM in Support re #266 MOTION for Summary Judgment filed by Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frederico, Donald) |
| Filing 266 MOTION for Summary Judgment by Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 265 DECLARATION re #264 Memorandum in Support of Motion, #263 MOTION for Sanctions (Discovery) of Brian A. Troyer by Deceuninck North America, LLC, Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit 1 - Pagliaroni Responses to Requests for Admission, #2 Exhibit 2 - Pagliaroni's Rule 26(a)(1) Initial Disclosures, #3 Exhibit 3 - Costello's Rule 26(a)(1) Initial Disclosures, #4 Exhibit 4 - Lynch's Rule 26(a)(1) Initial Disclosures, #5 Exhibit 5 - O'Brien's Rule 26(a)(1) Initial Disclosures, #6 Exhibit 6 - Pagliaroni's Rule 26(a)(1) Initial Disclosures - Amended, #7 Exhibit 7 - Costello's Rule 26(a)(1) Initial Disclosures - Amended, #8 Exhibit 8 - Lynch's Rule 26(a)(1) Initial Disclosures - Amended, #9 Exhibit 9 - O'Brien's Rule 26(a)(1) Initial Disclosures - Amended, #10 Exhibit 10 - Pagliaroni's Objections and Responses to Defendant DNA's First Set of Interrogatories, #11 Exhibit 11 - Costello's Objections and Responses to Defendant DNA's First Set of Interrogatories, #12 Exhibit 12 - Lynch's Objections and Responses to Defendant DNA's First Set of Interrogatories, #13 Exhibit 13 - O'Brien's Objections and Responses to Defendant DNA's First Set of Interrogatories, #14 Exhibit 14 - Pagliaroni Responses to Interrogatories, #15 Exhibit 15 - Costello Responses to Interrogatories, #16 Exhibit 16 - Lynch Responses to Interrogatories, #17 Exhibit 17 - O'Brien Responses to Interrogatories, #18 Exhibit 18 - Pagliaroni Supp Responses to Interrogatories, #19 Exhibit 19 - Costello's Supp Responses to Interrogatories, #20 Exhibit 20 - Lynch Supp Responses to Interrogatories, #21 Exhibit 21 - O'Brien Supp Responses to Interrogatories, #22 Exhibit 22 - 2-28-17 Letter to Plaintiffs' Counsel re: Discovery Deficiencies on Damages, #23 Exhibit 23 - Wright Dep. Transcript Excerpt)(Troyer, Brian) |
| Filing 264 MEMORANDUM in Support re #263 MOTION for Sanctions (Discovery) filed by Deceuninck North America, LLC, Mastic Home Exteriors, Inc.. (Troyer, Brian) |
| Filing 263 MOTION for Sanctions (Discovery) by Deceuninck North America, LLC, Mastic Home Exteriors, Inc..(Troyer, Brian) |
| Filing 262 NOTICE of Appearance by Nicholas Paul Brown on behalf of Mastic Home Exteriors, Inc. (Brown, Nicholas) |
| Filing 261 ELECTRONIC NOTICE Setting Hearing on Motion Motion Hearing set for 4/26/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper. If no summary judgment motion filed, the Court will convert the hearing to an initial pretrial conference. The parties shall confer regarding the topics identified under Local Rule 16.5(d) and shall prepare and submit a joint pretrial memorandum in accordance with Local Rule 16.5(d) no later than five (5) business days prior to the pretrial conference. The pretrial memorandum shall also propose deadlines for the filing of motions in limine, proposed jury instructions, proposed jury voir dire and a proposed trial date. (Hourihan, Lisa) |
| Filing 260 Judge Denise J. Casper: ELECTRONIC ORDER entered re #259 Proposed Document(s) submitted filed by Mastic Home Exteriors, Inc. In light of the proposed trial schedule, the Court orders as follows. The Court sets March 17, 2017 as the deadline for filing any motions for summary judgment and April 7, 2017 as the deadline for filing an opposition to same. (Any reply briefs may be filed accompanied by a motion for leave to file). A summary judgment motion hearing and/or initial pretrial conference will be held on April 26, 2017 at 3:00PM. At the hearing, the Court will hear counsel on the ripe motion(s) for summary judgment, if any, and will also hear the parties on whether, if summary judgment is denied, there should be one or four separate trials. The parties may each file a memorandum, not to exceed five (5) pages address the issue of combined or separate trials. (Hourihan, Lisa) |
| Filing 259 Proposed Document(s) submitted by Mastic Home Exteriors, Inc.. Document received: Joint Proposed Trial Schedule. (Frederico, Donald) |
| Filing 258 Notice of Supplemental Authorities re #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis , #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #181 MOTION for Order to Exclude Testimony of Joel Wolf (Attachments: #1 Exhibit A - Haley v. Kolbe, #2 Exhibit B - Haley v. Kolbe)(Troyer, Brian) |
| Filing 257 Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the Court's ruling on D. 249, the parties are to confer and propose a schedule for the remainder of this case through trial. If trial is anticipated, the schedule should estimate how much time will be needed for trial. Such joint proposal shall be filed on or before January 17, 2017. (Hourihan, Lisa) |
| Filing 256 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #249 Motion for Discovery. Having reviewed the motion, opposition and reply and supplemental filing, D. 249-50, 251, 252, 253, 254-1, the Court DENIES Plaintiffs' motion. (Hourihan, Lisa) |
| Filing 255 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #254 Motion for Leave to File Notice of Supplemental Authority by Deceuninck North America, LLC. (Attachments: # 1 Exhibit Notice of Supplemental Authority in Support of Motions of Defendant Deceuninck North America, LLC, to Exclude Expert Opinions and Testimony) nunc pro tunc; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 254 MOTION for Leave to File Notice of Supplemental Authority by Deceuninck North America, LLC. (Attachments: #1 Exhibit Notice of Supplemental Authority in Support of Motions of Defendant Deceuninck North America, LLC, to Exclude Expert Opinions and Testimony)(Troyer, Brian) |
| Filing 253 REPLY to Response to #249 MOTION for Discovery to Amend the Scheduling Order to Permit for Individual Damages Discovery and Supplementation and for Third Party Information that Was Not Disclosed Prior to the Close of Discovery filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 252 MEMORANDUM in Opposition re #249 MOTION for Discovery to Amend the Scheduling Order to Permit for Individual Damages Discovery and Supplementation and for Third Party Information that Was Not Disclosed Prior to the Close of Discovery filed by Deceuninck North America, LLC. (Attachments: #1 Declaration of Brian A. Troyer, #2 Exhibit 1 - Zillow Listing, #3 Exhibit 2 - Pagliaroni Quit Claim Deed, #4 Exhibit 3 - 7-21-14 Klyosov Subpoena, #5 Exhibit 4 - 3-10-15 Class Certification Hearing Transcript, #6 Exhibit 5 - 10-19-15 Transcript of Motion Hearing, #7 Exhibit 6 - 4-2-14 Pagliaroni Responses to Admissions, #8 Exhibit 7 - 8-15-12 Plaintiff's Rule 26(a)(1) Initial Disclosures, #9 Exhibit 8 - 9-24-13 Plaintiff's Rule 26(a)(1) Amended Initial Disclosures, #10 Exhibit 9 - 7-29-13 Plaintiff's Objections to First Set of Interrogatories, #11 Exhibit 10 - Letter re: Discovery Deficiency for Damages)(Troyer, Brian) |
| Filing 251 Opposition re #249 MOTION for Discovery to Amend the Scheduling Order to Permit for Individual Damages Discovery and Supplementation and for Third Party Information that Was Not Disclosed Prior to the Close of Discovery filed by Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 250 MEMORANDUM in Support re #249 MOTION for Discovery to Amend the Scheduling Order to Permit for Individual Damages Discovery and Supplementation and for Third Party Information that Was Not Disclosed Prior to the Close of Discovery filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Text of Proposed Order)(Wanta, Shawn) |
| Filing 249 MOTION for Discovery to Amend the Scheduling Order to Permit for Individual Damages Discovery and Supplementation and for Third Party Information that Was Not Disclosed Prior to the Close of Discovery by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 248 ELECTRONIC ENDORSEMENT re #247 Status Report filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch. Allowed. Plaintiffs' motion for discovery to be filed by 6/14/16. Defendants' oppositions to be filed by 6/28/16. Plaintiffs' reply brief to be filed by 7/5/16. (Hourihan, Lisa) |
| Filing 247 STATUS REPORT Joint by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 246 ELECTRONIC ENDORSEMENT re #245 Status Report filed by Anthony D Pagliaroni. Court grants the parties additional time to 5/19/16 to file status report. (Hourihan, Lisa) |
| Filing 245 STATUS REPORT Joint by Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 244 JUDGMENT of the USCA (15-8041): Pursuant to Fed. R. Civ. P. 23(f), the plaintiff-petitioners seek leave from this court to appeal the district court's denial of their motion for class certification. The requirements for interlocutory review of class action determinations are stringent, and, in our view, they have not been met here. See Waste Mgmt. Holdings, Inc. v. Mowbray, 208 F.3d 288, 293-94 (1st Cir. 2000) (setting out factors to be considered when deciding whether to allow review pursuant to Rule 23(f)). Specifically, we conclude that the plaintiff-petitioners have failed to demonstrate that the district court's Rule 23 analysis was sufficiently "questionable." Id. at 293. Accordingly, the petition for leave to appeal is DENIED. (Paine, Matthew) |
| Judge Denise J. Casper: ORDER entered. Case stayed.(Hourihan, Lisa) |
| Filing 243 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 242 Transcript of Motion Hearing held on October 19, 2015, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/13/2015. Redacted Transcript Deadline set for 11/23/2015. Release of Transcript Restriction set for 1/21/2016. (Scalfani, Deborah) |
| Filing 241 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #237 Motion to Stay until the Court of Appeals for the First Circuit resolves Named Plaintiffs' pending petition to appeal the class certification ruling. Within seven (7) days of the Court of Appeals for the First Circuit's ruling on this petition, the parties shall file a joint status memo. In light of this ruling, the Court defers any adoption of the trial schedule proposed in D. 239 or the pending motions to exclude Named Plaintiffs' experts D. 175, 178 and 181 until after review of the joint status memo. (Hourihan, Lisa) |
| Filing 240 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Initial Pretrial Conference held on 10/19/2015; Motion Hearing held on 10/19/2015 re #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis filed by Deceuninck North America, LLC, #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner filed by Deceuninck North America, LLC, #181 MOTION for Order to Exclude Testimony of Joel Wolf filed by Deceuninck North America, LLC, #237 MOTION to Stay Pending Appellate Review Unopposed filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch. Arguments. Court takes under advisement #175 Motion for Order; takes under advisement #178 Motion for Order; takes under advisement #181 Motion for Order; takes under advisement #237 Motion to Stay. Court also hears from counsel re: D. 239.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Charles Schaffer and Shawn Wanta for the plaintiffs. Donald Frederico, Brian Troyer and Matthew Ridings for the defendants.) (Hourihan, Lisa) |
| Filing 239 JOINT STATEMENT re scheduling conference . (Wanta, Shawn) |
| Filing 238 MEMORANDUM in Support re #237 MOTION to Stay Pending Appellate Review Unopposed filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 237 MOTION to Stay Pending Appellate Review Unopposed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 236 ELECTRONIC NOTICE Setting Hearing on Motion #181 MOTION for Order to Exclude Testimony of Joel Wolf , #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis : Motion Hearing set for 10/19/2015 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 235 MEMORANDUM in Opposition re #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #181 MOTION for Order to Exclude Testimony of Joel Wolf filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Flannery, Michael) |
| Filing 234 MEMORANDUM in Opposition re #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Flannery, Michael) |
| Filing 233 Judge Denise J. Casper: ELECTRONIC ORDER entered. Response to motions D. 175, 178 and 181 to be filed by 10/6/15(Hourihan, Lisa) |
| Filing 232 ELECTRONIC NOTICE of Hearing. Initial Pretrial Conference set for 10/19/2015 02:30 PM in Courtroom 11 before Judge Denise J. Casper. The parties shall confer and file a proposed schedule for the remainder of the case by 10/14/15.(Hourihan, Lisa) |
| Filing 231 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - Plaintiffs' motion for class certification is DENIED, D. 94. Mastic's motion to exclude Plaintiffs' expert testimony that Oasis suffers from a common defect is DENIED, D. 137. Plaintiffs' motion to exclude the testimony of Dr. Englund and Dr. Klyosov is DENIED, D. 160, D. 165. Plaintiffs' motions to strike DNA's motions to exclude the expert testimony of Albert L. DeBonis, Manuel Garcia-Leiner and Joel Wolf are DENIED, D. 189.(Hourihan, Lisa) |
| Filing 230 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #205 Motion to Amend 190 Memorandum in Support of Motion, Unopposed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni (Hourihan, Lisa) |
| Filing 229 Notice of Supplemental Authorities re #94 MOTION to Certify Class (Attachments: #1 Exhibit A)(Frederico, Donald) |
| Filing 228 Response by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni to #226 Assented to MOTION for Leave to File Notice of Supplemental Authority . (Shelquist, Robert) |
| Filing 227 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #226 Motion for Leave to File Notice of Supplemental Authority ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Maynard, Timothy) |
| Filing 226 Assented to MOTION for Leave to File Notice of Supplemental Authority by Mastic Home Exteriors, Inc.. (Attachments: #1 Attachment)(Frederico, Donald) |
| Filing 225 Response by Deceuninck North America, LLC to #222 Notice of Supplemental Authorities . (Troyer, Brian) |
| Filing 224 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #223 Motion for Leave to File Response to Plaintiffs' Notice of Supplemental Authority (Mullins); Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 223 MOTION for Leave to File Unopposed Motion of Deceuninck North America, LLC, for Leave to File Response to Plaintiffs' Notice of Supplemental Authority (Mullins) by Deceuninck North America, LLC. (Attachments: #1 Response of Deceuninck North America, LLC to Plaintiffs' Notice of Supplemental Authority (Mullins))(Troyer, Brian) |
| Filing 222 Notice of Supplemental Authorities re #94 MOTION to Certify Class (Attachments: #1 Exhibit A)(Wanta, Shawn) |
| Filing 221 RESPONSE to Motion re #94 MOTION to Certify Class , #219 MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority (Unopposed), #217 MOTION for Leave to File Notice of Supplemental Authority (Unopposed) filed by Mastic Home Exteriors, Inc.. (McCarthy, Gavin) |
| Filing 220 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #219 Motion for Leave to File Response to Plaintiffs' Notice of Supplemental Authority by Mastic Home Exteriors, Inc.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 219 MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority (Unopposed) by Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit Response to Notice of Supplemental Authority)(McCarthy, Gavin) |
| Filing 218 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #217 Motion for Leave to File Notice of Supplemental Authority by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 217 MOTION for Leave to File Notice of Supplemental Authority (Unopposed) by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 [Proposed] Notice of Supplemental Authority)(Wanta, Shawn) |
| Filing 216 Response by Deceuninck North America, LLC, Mastic Home Exteriors, Inc. to #213 Notice of Supplemental Authorities . (Troyer, Brian) |
| Filing 215 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #214 Motion for Leave to File Response to Plaintiffs' Notice of Supplemental Authority by Deceuninck North America, LLC(Hourihan, Lisa) |
| Filing 214 MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority by Deceuninck North America, LLC. (Attachments: #1 Exhibit - A)(Troyer, Brian) |
| Filing 213 Notice of Supplemental Authorities re #94 MOTION to Certify Class (Attachments: #1 Exhibit A)(Shelquist, Robert) |
| Filing 212 MEMORANDUM in Support re #94 MOTION to Certify Class Plaintiffs' Supplemental Memorandum in Support of Motion for Class Certification [Regarding Supplemental Authority] filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Shelquist, Robert) |
| Filing 211 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #208 Motion for Leave to File Notice of Supplemental Authority (Hourihan, Lisa) |
| Filing 210 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #207 Motion for Leave to File Notice of Supplemental Authority(Hourihan, Lisa) |
| Filing 209 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #206 Motion for Leave to File Supplemental Briefing. (Hourihan, Lisa) |
| Filing 208 MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Notice of Supplemental Authority by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit [Proposed] Notice of Supplemental Authority)(Wanta, Shawn) |
| Filing 207 MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Notice of Supplemental Authority by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit [Proposed] Notice of Supplemental Authority)(Shelquist, Robert) |
| Filing 206 MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Supplemental Briefing by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit A)(Shelquist, Robert) |
| Filing 205 MOTION to Amend #190 Memorandum in Support of Motion, Unopposed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit A)(Wanta, Shawn) |
| Filing 204 Notice of Supplemental Authorities re #94 MOTION to Certify Class , #189 MOTION to Strike #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis , #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #181 MOTION for Order to Exclude Testimony of Joel Wol filed by Deceuninck North America, LLC. (Attachments: #1 Exhibit - A - In re Blood Reagents Antitrust Litigation)(Troyer, Brian) |
| Filing 203 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #201 Motion for Leave to File Notice of Supplemental Authority by Deceuninck North America, LLC (Hourihan, Lisa) |
| Filing 202 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #201 Joint MOTION for Leave to File Notice of Supplemental Authority (Unopposed) by Brian A. Troyer on behalf of Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 201 Joint MOTION for Leave to File Notice of Supplemental Authority (Unopposed) by Deceuninck North America, LLC. (Attachments: #1 Attachment - Notice of Third Circuit Case)(Troyer, Brian) |
| Filing 200 DECLARATION re #199 Declaration by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 199 DECLARATION re #198 Memorandum in Opposition to Motion,, by Deceuninck North America, LLC. (Attachments: #1 Exhibit Exhibit - 1, #2 Exhibit Exhibit - 2)(Hubbard, William) |
| Filing 198 MEMORANDUM in Opposition re #189 MOTION to Strike #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis , #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #181 MOTION for Order to Exclude Testimony of Joel Wol filed by Deceuninck North America, LLC. (Troyer, Brian) Modified on 4/1/2015 to delete exhibits (Maynard, Timothy). |
| Filing 197 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 196 Transcript of Motion Hearing held on March 10, 2015, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 4/15/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/23/2015. (Scalfani, Deborah) |
| Filing 195 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #193 Motion for Leave to Appear Pro Hac Vice Added Katherine Van Dyck. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 194 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #192 Motion for Leave to Appear Pro Hac Vice Added Michael J. Flannery. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 193 MOTION for Leave to Appear Pro Hac Vice for admission of Katherine Van Dyck Filing fee: $ 100, receipt number 0101-5466665 by Anthony D Pagliaroni. (Attachments: #1 Declaration of Katherine Van Dyck, #2 Text of Proposed Order)(Miller, Matthew) |
| Filing 192 MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Flannery Filing fee: $ 100, receipt number 0101-5466622 by Anthony D Pagliaroni. (Attachments: #1 Declaration of Michael J. Flannery, #2 Text of Proposed Order)(Miller, Matthew) |
| Filing 191 DECLARATION re #190 Memorandum in Support of Motion, by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit A)(Wanta, Shawn) |
| Filing 190 MEMORANDUM in Support re #189 MOTION to Strike #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis , #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #181 MOTION for Order to Exclude Testimony of Joel Wol filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 189 MOTION to Strike #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis , #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner , #181 MOTION for Order to Exclude Testimony of Joel Wolf by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 184 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/10/2015 re #165 MOTION to Exclude the Opinion of Dr. Anatole Klyosov filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch, #160 MOTION to Exclude Expert Testimony filed by Mastic Home Exteriors, Inc. #94 MOTION to Certify Class filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch, #137 MOTION to Exclude Expert Testimony filed by Mastic Home Exteriors, Inc. Arguments. Court takes under advisement #94 Motion to Certify Class; takes under advisement #137 Motion to Exclude Expert Testimony filed by Mastic Home Exteriors, Inc.; takes under advisement #160 Motion to Exclude Expert Testimony filed by Mastic Home Exteriors, Inc.; takes under advisement #165 Motion to Exclude the Opinion of Dr. Anatole Klyosov filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch. Plaintiff moves orally to strike newly filed Daubert Motions. Plaintiff to file motion to strike by 3/17/15. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Charles Schaffer, Shawn Wanta and Robert Shelquist for the plaintiffs. Donald Frederico, Gavid McCarthy, Brian Troyer and William Hubbard for the defendants.) (Hourihan, Lisa) Modified on 3/11/2015 (Hourihan, Lisa). |
| Filing 183 DECLARATION re #182 Memorandum in Support of Motion, #181 MOTION for Order to Exclude Testimony of Joel Wolf Declaration of Brian A. Troyer by Deceuninck North America, LLC. (Attachments: #1 Exhibit 1 - Sealed Exhibit to be Filed Manually, #2 Exhibit 2 - Sealed Exhibit to be Filed Manually, #3 Exhibit 3 - Sealed Exhibit to be Filed Manually, #4 Exhibit 4 - Sealed Exhibit to be Filed Manually, #5 Exhibit 5 - Sealed Exhibit to be Filed Manually, #6 Exhibit 6 - Sealed Exhibit to be Filed Manually, #7 Exhibit 7 - Sealed Exhibit to be Filed Manually, #8 Exhibit 8 - Steffey, Duane Exh 5, #9 Exhibit 9 - Sealed Exhibit to be Filed Manually, #10 Exhibit 10 - Forest Products Journal Vol No 12 (Dec 2004), #11 Exhibit 11 - Dickey Trans, #12 Exhibit 12 - Steffey, Duane Exh 2, #13 Exhibit 13 - Steffey, Duane Exh 3, #14 Exhibit 14 - Steffey, Duane Exh 4)(Troyer, Brian) |
| Filing 182 MEMORANDUM in Support re #181 MOTION for Order to Exclude Testimony of Joel Wolf SEALED filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 181 MOTION for Order to Exclude Testimony of Joel Wolf by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 180 DECLARATION re #179 Memorandum in Support of Motion, #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner Declaration of Brian A. Troyer by Deceuninck North America, LLC. (Attachments: #1 Exhibit 1 - Sealed Exhibit to be filed Manually, #2 Exhibit 2 - Sealed Exhibit to be filed Manually, #3 Exhibit 3 - Sealed Exhibit to be filed Manually, #4 Exhibit 4 - Sealed Exhibit to be filed Manually, #5 Exhibit 5 - Sealed Exhibit to be filed Manually, #6 Exhibit 6 - Sealed Exhibit to be filed Manually, #7 Exhibit 7 - Sealed Exhibit to be filed Manually, #8 Exhibit 8 - Sealed Exhibit to be filed Manually, #9 Exhibit 9 - Sealed Exhibit to be filed Manually, #10 Exhibit 10 - Sealed Exhibit to be filed Manually, #11 Exhibit 11 - Sealed Exhibit to be filed Manually, #12 Exhibit 12 - Sealed Exhibit to be filed Manually, #13 Exhibit 13 - Sealed Exhibit to be filed Manually, #14 Exhibit 14 - Sealed Exhibit to be filed Manually, #15 Exhibit 15 - Sealed Exhibit to be filed Manually, #16 Exhibit 16 - Sealed Exhibit to be filed Manually, #17 Exhibit 17 - Sealed Exhibit to be filed Manually, #18 Exhibit 18 - Sealed Exhibit to be filed Manually, #19 Exhibit 19 - Steffey, Duane, Exh 5)(Troyer, Brian) |
| Filing 179 MEMORANDUM in Support re #178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner SEALED filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 178 MOTION for Order to Exclude Opinions and Testimony of Manuel Garcia-Leiner by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 177 DECLARATION re #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis , #176 Memorandum in Support of Motion Declaration of Brian A. Troyer by Deceuninck North America, LLC. (Attachments: #1 Exhibit 1 - Sealed Exhibit to be Filed Manually, #2 Exhibit 2 - Sealed Exhibit to be Filed Manually)(Troyer, Brian) |
| Filing 176 MEMORANDUM in Support re #175 MOTION for Order to Exclude Testimony of Albert L. DeBonis filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 175 MOTION for Order to Exclude Testimony of Albert L. DeBonis by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 173 NOTICE OF MANUAL FILING by Deceuninck North America, LLC re #172 Declaration, (Troyer, Brian) |
| Filing 172 DECLARATION re #171 Memorandum in Opposition to Motion to Exclude the Opinion of Dr. Anatole Klyosov by Deceuninck North America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Errata 5)(Troyer, Brian) |
| Filing 171 MEMORANDUM in Opposition re #165 MOTION to Exclude the Opinion of Dr. Anatole Klyosov filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 170 Notice of Supplemental Authorities re #94 MOTION to Certify Class (Attachments: #1 Exhibit In re Nexium Antitrust Litigation)(Wanta, Shawn) |
| Filing 169 DECLARATION re #168 Opposition to Motion of Karl Englund by Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 168 Opposition re #160 MOTION to Exclude the Opinion of Karl Englund filed by Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 167 DECLARATION re #165 MOTION to Exclude the Opinion of Dr. Anatole Klyosov by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit A-B placeholders, #2 Exhibit C-E)(Wanta, Shawn) (Additional attachment(s) added on 2/23/2015: #3 Exhibit A sealed) (adminn, ). (Additional attachment(s) added on 2/23/2015: #4 Exhibit B sealed part 1, #5 Exhibit B sealed part 2, #6 Exhibit B sealed part 3) (adminn, ). (Additional attachment(s) added on 2/23/2015: #7 Exhibit B sealed part 4, #8 Exhibit B sealed part 5, #9 Exhibit B sealed part 6, #10 Exhibit B sealed part 7, #11 Exhibit B sealed part 8, #12 Exhibit B sealed part 9, #13 Exhibit B sealed part 10, #14 Exhibit B sealed part 11) (adminn, ). (Additional attachment(s) added on 2/23/2015: #15 Exhibit B sealed part 12, #16 Exhibit B sealed part 13, #17 Exhibit B sealed part 14, #18 Exhibit B sealed part 15, #19 Exhibit B sealed part 16) (adminn, ). (Additional attachment(s) added on 2/23/2015: #20 Exhibit B sealed part 17, #21 Exhibit B sealed part 18, #22 Exhibit B sealed part 19, #23 Exhibit B sealed part 20, #24 Exhibit B sealed part 21, #25 Exhibit B sealed part 22, #26 Exhibit B sealed part 23) (adminn, ). (Additional attachment(s) added on 2/23/2015: #27 Exhibit B sealed part 24, #28 Exhibit B sealed part 25, #29 Exhibit B sealed part 26, #30 Exhibit B sealed part 27, #31 Exhibit B sealed part 28, #32 Exhibit B sealed part 29, #33 Exhibit B sealed part 30, #34 Exhibit B sealed part 31, #35 Exhibit B sealed part 32, #36 Exhibit B sealed part 33, #37 Exhibit B sealed part 34, #38 Exhibit B sealed part 35) (adminn, ). Modified on 2/23/2015 (Hourihan, Lisa). The last 6 exhibits attached to Appendix B could not be scanned in. Only hard copy available. |
| Filing 166 MEMORANDUM in Support re #165 MOTION to Exclude the Opinion of Dr. Anatole Klyosov filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 165 MOTION to Exclude the Opinion of Dr. Anatole Klyosov by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 163 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #158 Motion to Seal Certain Documents and Citations to Those Documents Within Plaintiffs' Motions to Exclude the Testimony of Karl Englund and Anatole Klyosov by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Hourihan, Lisa) |
| Filing 162 DECLARATION re #161 Memorandum in Support of Motion to Exclude the Opinion of Karl Englund by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Placeholder)(Wanta, Shawn) |
| Filing 161 MEMORANDUM in Support re #160 MOTION to Exclude the Opinion of Karl Englund filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 160 MOTION to Exclude the Opinion of Karl Englund by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 158 Assented to MOTION for Order to Impound Certain Documents and Citations to Those Documents Within Plaintiffs' Motions to Exclude the Testimony of Karl Englund and Anatole Klyosov by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 157 ELECTRONIC NOTICE Resetting Hearing on Motion #137 MOTION to Exclude Expert Testimony : Motion Hearing set for 3/10/2015 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 156 ELECTRONIC NOTICE Resetting Hearing on Motion #94 MOTION to Certify Class : Motion Hearing set for 3/10/2015 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 155 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #154 Motion to Continue Hearing on Motion for Class Certification (Hourihan, Lisa) |
| Filing 154 Assented to MOTION to Continue Reschedule Class Certification and Daubert Hearing to March 10, 2015 by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 153 ELECTRONIC NOTICE Resetting Hearing on Motion #94 MOTION to Certify Class , #137 MOTION to Exclude Expert Testimony : Motion Hearing set for 2/13/2015 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 152 Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot #98 Motion for Clarification (Hourihan, Lisa) |
| Filing 151 ELECTRONIC NOTICE Setting Hearing on Motion #94 MOTION to Certify Class : NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at #http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 2/17/2015 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 150 EXHIBITS re #149 Declaration filed by John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch by Anthony D Pagliaroni. (Attachments: #1 Exhibit 2, #2 Exhibit 3) (Maynard, Timothy) |
| Filing 149 DECLARATION re #148 Memorandum in Opposition to Motion by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit 1-3 Filed Under Seal)(Wanta, Shawn) |
| Filing 148 MEMORANDUM in Opposition re #137 MOTION to Exclude Expert Testimony filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 147 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #145 Motion to Impound Certain Documents and Citations to Those Documents Within Plaintiffs' Opposition to Defendant Mastic Home Exteriors, Inc.'s Motion to Exclude Expert Testimony by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni (Hourihan, Lisa) |
| Filing 146 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #136 Motion to Impound Certain Dpcuments In Support Of Its MotionsTo Exclude Expert Testimony (Hourihan, Lisa) |
| Filing 145 Assented to MOTION to Impound Certain Documents and Citations to Those Documents Within Plaintiffs' Opposition to Defendant Mastic Home Exteriors, Inc.'s Motion to Exclude Expert Testimony by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 144 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #143 Motion for Extension of Time to File Response/Reply re #137 MOTION to Exclude Expert Testimony Responses due by 12/12/2014 (Hourihan, Lisa) |
| Filing 143 Consent MOTION for Extension of Time to December 12, 2014 to File Response/Reply as to #137 MOTION to Exclude Expert Testimony by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 142 EXHIBIT re #139 Declaration, re 138 Memorandum in Support of Motion, 137 MOTION to Exclude Expert Testimony by Mastic Home Exteriors, Inc. (Maynard, Timothy) |
| Filing 141 REPLY to Response to #94 MOTION to Certify Class filed by Anthony D Pagliaroni. (Attachments: #1 Exhibit 1)(Maynard, Timothy) |
| Filing 140 REPLY to Response to #94 MOTION to Certify Class filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Affidavit Declaration of Scott Moriarity, #2 Exhibit 1 - 3)(Shelquist, Robert) |
| Filing 139 DECLARATION re #138 Memorandum in Support of Motion, #137 MOTION to Exclude Expert Testimony by Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Frederico, Donald) |
| Filing 138 MEMORANDUM in Support re #137 MOTION to Exclude Expert Testimony filed by Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 137 MOTION to Exclude Expert Testimony by Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 136 MOTION to Impound Certain Documents in Support of Motions to Exclude Expert Testimony by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 135 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #134 Motion to Seal Plaintiffs' Reply to Defendants' Opposition to Motion for Class Certification by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni (Hourihan, Lisa) |
| Filing 134 Assented to MOTION Impound Plaintiffs' Reply to Defendants' Opposition to Motion for Class Certification by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 133 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #132 Motion to Impound Certain Documents in Support of its Motionto Exclude Expert Testimony (Hourihan, Lisa) |
| Filing 132 MOTION to Impound Certain Documents in Support of its Motion to Exclude Expert Testimony (UNOPPOSED) by Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 131 DECLARATION of Brian A. Troyer re #130 MEMORANDUM in Opposition re #94 MOTION to Certify Class by Deceuninck North America, LLC. (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, Part A, #21 Exhibit 20, Part B, #22 Exhibit 20, Part C, #23 Exhibit 20, Part D, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38)(Maynard, Timothy) |
| Filing 130 MEMORANDUM in Opposition re #94 MOTION to Certify Class filed by Deceuninck North America, LLC. (Maynard, Timothy) |
| Filing 129 EXHIBIT re #128 Declaration,,,,,, Supplemental Filing of Exhibit 20A-D by Deceuninck North America, LLC. (Attachments: #1 Exhibit 020A - photos Pagliaroni Deck, #2 Exhibit 020B - photos O'Brien and Costello Decks, #3 Exhibit 020C - photos Lynch and Cannizzo Decks, #4 Exhibit 020D - photos Hamilton and Ontario Decks)(Troyer, Brian) |
| Filing 128 DECLARATION re #127 Opposition to Motion DECLARATION OF BRIAN A. TROYER IN SUPPORT OF MEMORANDUM OF DECEUNINCK NORTH AMERICA, LLC, IN OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Deceuninck North America, LLC. (Attachments: #1 exhibit 001 - illustration, #2 exhibit 002 - under seal., #3 exhibit 003 - under seal, #4 exhibit 004 - under seal, #5 exhibit 005 - under seal, #6 exhibit 006 - under seal, #7 exhibit 007 - under seal, #8 exhibit 008 - under seal, #9 exhibit 009 - under seal, #10 exhibit 010 - under seal, #11 exhibit 011 - under seal, #12 exhibit 012 - under seal, #13 exhibit 013 - under seal, #14 exhibit 014 - under seal, #15 exhibit 015 - under seal, #16 exhibit 016 - costello deposition, #17 exhibit 017 - Lynch deposition, #18 exhibit 018 - O'Brien deposition, #19 exhibit 019 - Pagliaroni deposition, #20 exhibit 021 - under seal, #21 exhibit 022 - under seal, #22 exhibit 023 - under seal, #23 exhibit 024 - under seal, #24 exhibit 025 - under seal, #25 exhibit 026 - under seal, #26 exhibit 027 - under seal, #27 exhibit 028 - under seal, #28 exhibit 029 - under seal, #29 exhibit 030 - under seal, #30 exhibit 031 - under seal, #31 exhibit 032 - Wright deposition, #32 exhibit 033 - website info, #33 exhibit 034 - website info, #34 exhibit 035 - website info, #35 exhibit 036 - website info, #36 exhibit 037 - website info, #37 exhibit 038 - under seal)(Troyer, Brian) |
| Filing 127 Opposition re #94 MOTION to Certify Class filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 126 DECLARATION re #123 Opposition to Motion of Jerry Blais by Mastic Home Exteriors, Inc.. (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)(Frederico, Donald) |
| Filing 125 DECLARATION re #123 Opposition to Motion of Kimberly Dorward by Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Frederico, Donald) |
| Filing 124 DECLARATION re #123 Opposition to Motion of Katherine S. Kayatta by Mastic Home Exteriors, Inc.. (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)(Frederico, Donald) |
| Filing 123 Opposition re #94 MOTION to Certify Class filed by Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 122 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #121 Motion for Order to Impound Certain Documents and Citations Within Class Certification Briefing. (Maynard, Timothy) |
| Filing 121 MOTION for Order to Impound Certain Documents and Citations Within Class Certification Briefing by Deceuninck North America, LLC, Mastic Home Exteriors, Inc..(Troyer, Brian) |
| Filing 120 Case no longer referred to Magistrate Judge Robert B. Collings. (Russo, Noreen) |
| Filing 119 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered denying #82 Motion to Compel. The Court rules the defendants have failed to show good cause why further deposition testimony of Dr. Garcia-Leiner and Joel Wolf ("the deponents") should be permitted. Particularly telling is the fact that the defendants in their papers and at oral argument were unable to articulate any substantive portion of the the deponents' report about which they were unable to question the defendants during the seventeen hours of deposition. |
| Filing 118 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered denying #86 Motion to Compel. Defendants' expert, Dr. Garcia-Leiner, used a sampling methodology in this case. Needless to say, defendants contend that the method is unreliable, and want to ask Dr. Garcia-Leiner about whether he has ever used this sampling method in other cases. They deposed Dr. Garcia-Leiner but were unable at the hearing to state whether they asked him that question. In any event, Dr. Garcia-Leiner refused to answer questions about methodologies used in other cases on the grounds of confidentiality. Although the Court concedes that the discovery is "relevant," the Court denies the motion on the basis of Rule 26(b)(2)(C), Fed. R. Civ. P. Under the Kumho Tire case, upon which defendants rely, a trial judge must insure that "...an expert...employs in the courtroom the level of intellectual rigor that characterizes the practice an expert in the relevant field." Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 (1999). The defendants have had ample opportunity to obtain testimony from "expert[s] in the relevant field" of sampling to the effect that the methodology used by Dr. Garcia-Leiner was deficient, and indeed, it is represented that their experts are prepared to testify accordingly. While it would be a nice piece of impeachment evidence to have Dr. Garcia-Leiner say at a deposition that he never used that methodology before, defendants can attempt to adduce this testimony at a Daubert hearing, or at trial, or both. Thus, applying a measure of proportionality to the discovery. process, the Court denies the motion for leave to depose Dr. Garcia-Leiner on the subject of other sampling methodologies he has used. Modified on 10/10/2014 to change wording "plaintiff relies" to "defendants rely" after the phrase "Under the Kumho Tire case". (Russo, Noreen). |
| Filing 117 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Motion Hearing held on 10/9/2014 re #82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER filed by Deceuninck North America, LLC, #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner filed by Deceuninck North America, LLC, Mastic Home Exteriors, Inc. After hearing, taken under advisement. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Schaffer, Frederico, Troyer, Scruggs) |
| Filing 116 EXHIBIT re #84 Declaration,,, filed by Deceuninck North America, LLC by Deceuninck North America, LLC. (Attachments: #1 Part 2, #2 Part 3) (Maynard, Timothy) |
| Filing 115 EXHIBITS 3-5 re #106 Declaration of Charles E. Schaffer in Support of Plaintiffs' Memorandum of Law to Defendants' Motion to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner, by Anthony D Pagliaroni. (Maynard, Timothy) |
| Filing 114 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #85 Motion for Order. "ALLOWED." (Russo, Noreen) |
| Filing 113 ELECTRONIC NOTICE Setting Hearing on Motion #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner, #82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER : Motion Hearing set for 10/9/2014 @ 02:30 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Russo, Noreen) |
| Filing 112 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Robert B. Collings Referred for: Events Only (e). Motions referred: #85 MOTION for Order to Impound Exhibit 3 To Brian A. Troyers Declaration Submitted In Support Of Defendants Motion To Compel Further Deposition Testimony Of Joel Wolf And Dr. Manuel Garcia-Leiner UNOPPOSED MOTION, #82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER, #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner. (Maynard, Timothy) Motions referred to Robert B. Collings. |
| Filing 111 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #104 Motion to seal Certain Documents and Citations to Those Documents Within Plaintiffs' Memorandum of Law In Opposition to Defendants' Motion to Compel Further Depostion Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni (Hourihan, Lisa) |
| Filing 110 NOTICE of Appearance by Lisa M. Tittemore on behalf of Exponent, Inc. (Tittemore, Lisa) |
| Filing 109 NOTICE of Appearance by Brandon T. Scruggs on behalf of Exponent, Inc. (Scruggs, Brandon) |
| Filing 108 MEMORANDUM in Opposition re #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner filed by Anthony D Pagliaroni. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Maynard, Timothy) |
| Filing 107 Opposition re #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner filed by Exponent, Inc.. (Attachments: #1 Declaration of James Ficenec, #2 Declaration of Dr. Garcia-Leiner, #3 Exhibit A to Declaration of Dr. Garcia-Leiner (Part 1), #4 Exhibit A to Declaration of Dr. Garcia-Leiner (Part 2))(Scruggs, Brandon) |
| Filing 106 DECLARATION re #105 Memorandum in Opposition to Motion, by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-5 Filed Under Seal, #4 Exhibit Unpublished Cases)(Schaffer, Charles) |
| Filing 105 MEMORANDUM in Opposition re #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Schaffer, Charles) |
| Filing 104 Assented to MOTION for Order to Impound Certain Documents and Citations to Those Documents Within Plaintiffs' Memorandum of Law In Opposition to Defendants' Motion to Compel Further Depostion Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Schaffer, Charles) |
| Filing 103 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #100 Motion to Impound Certain Documents and Citations to Those Documents Within Plaintiffs' Opposition to Defendants' Motion to Compel Further Deposition Testimony of Joel Wolf and Dr. Manual Garcia-Leiner by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Hourihan, Lisa) |
| Filing 102 DECLARATION re #101 Memorandum in Opposition to Motion, by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit 1-2 Filed Under Seal, #2 Exhibit Unpublished Cases)(Wanta, Shawn) |
| Filing 101 MEMORANDUM in Opposition re #82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 100 Assented to MOTION for Order to Impound Certain Documents and Citations to Those Documents Within Plaintiffs' Opposition to Defendants' Motion to Compel Further Deposition Testimony of Joel Wolf and Dr. Manual Garcia-Leiner by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 99 MEMORANDUM in Support re #94 MOTION to Certify Class filed by John Costello, Catherine Lynch, Vicki O'Brien. (Attachments: #1 Affidavit)(Maynard, Timothy) |
| Filing 98 MOTION for Clarification by Deceuninck North America, LLC, Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 97 Withdrawal of motion: #93 MOTION for Extension of Time to September 18, 2014 to extend the deadline to file the brief and allow Plaintiff to deliver the under seal exhibits to the Court via FedEx overnight delivery shipped the same day as the brief is filed. filed by Melisa Burnett, John Costello, Vicki O'Brien, Anthony D Pagliaroni, Catherine Lynch.. (Wanta, Shawn) |
| Filing 96 AFFIDAVIT of Scott Moriarity in Support re #94 MOTION to Certify Class filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Exhibit 1 - 40, #2 Exhibit 41 - 58)(Shelquist, Robert) |
| Filing 95 MEMORANDUM in Support re #94 MOTION to Certify Class filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Shelquist, Robert) |
| Filing 94 MOTION to Certify Class by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Shelquist, Robert) |
| Filing 93 MOTION for Extension of Time to September 18, 2014 to extend the deadline to file the brief and allow Plaintiff to deliver the under seal exhibits to the Court via FedEx overnight delivery shipped the same day as the brief is filed. by Melisa Burnett, John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 92 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #89 Motion for Leave to File Excess Pages TO THIS EXTENT; plaintiffs' opening memorandum shall not exceed 30 pages, defendant's opposition memorandum shall ot exceed 30 pages, and plaintiffs' reply brief shall not exceed 10 pages. Because of this ruling, if counsel needs more time to file their briefs, the Court will allow a motion to extend the filing of the briefs which are due on Monday.(Hourihan, Lisa) |
| Filing 91 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #90 Motion for Order to Impound Certain Documents and Citations to Those Documents Within Class Certification Briefing by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni (Hourihan, Lisa) |
| Filing 90 Assented to MOTION for Order to Impound Certain Documents and Citations to Those Documents Within Class Certification Briefing by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 89 Joint MOTION for Leave to File Excess Pages for Class Certification Briefing by Melisa Burnett, John Costello, Deceuninck North America, LLC, Catherine Lynch, Mastic Home Exteriors, Inc., Vicki O'Brien, Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 88 DECLARATION re #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner, #87 Memorandum in Support of Motion by Deceuninck North America, LLC, Mastic Home Exteriors, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frederico, Donald) |
| Filing 87 MEMORANDUM in Support re #86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner filed by Deceuninck North America, LLC, Mastic Home Exteriors, Inc.. (Frederico, Donald) |
| Filing 86 MOTION to Compel Further Deposition Testimony of Plaintiffs' Expert Dr. Manuel Garcia-Leiner by Deceuninck North America, LLC, Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 85 MOTION for Order to Impound Exhibit 3 To Brian A. Troyers Declaration Submitted In Support Of Defendants Motion To Compel Further Deposition Testimony Of Joel Wolf And Dr. Manuel Garcia-Leiner UNOPPOSED MOTION by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 84 DECLARATION re #82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER DECLARATION OF BRIAN A. TROYER IN SUPPORT OF DEFENDANTS MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER by Deceuninck North America, LLC. (Attachments: #1 Exhibit 1 to Declaration - Deposition Excerpts of Wolf, #2 Exhibit 2 to Declaration - Deposition Excerpts of Garcia-Leiner, #3 Exhibit 3 to Declaration - Placeholder for CONFIDENTIAL Joint Report, #4 Exhibit 4 to Declaration - May 8, 2014 email, #5 Exhibit 5 to Declaration - June 20, 2014 email, #6 Exhibit 6 to Declaration - August 6, 2014 email, #7 Exhibit 7 to Declaration - Unpublished Cases)(Troyer, Brian) |
| Filing 83 Joint MEMORANDUM in Support re #82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER filed by Deceuninck North America, LLC. (Troyer, Brian) |
| Filing 82 Joint MOTION to Compel JOINT MOTION OF DEFENDANTS DECEUNINCK NORTH AMERICA, LLC AND MASTIC HOME EXTERIORS, TO COMPEL FURTHER DEPOSITION TESTIMONY OF JOEL WOLF AND DR. MANUEL GARCIA-LEINER by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 81 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #80 Motion for Leave to Appear Pro Hac Vice Added Scott A. Moriarity. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 80 MOTION for Leave to Appear Pro Hac Vice for admission of Scott A. Moriarity Filing fee: $ 100, receipt number 0101-5113927 by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Affidavit Affidavit of Scott A. Moriarity, #2 Text of Proposed Order)(Miller, Matthew) |
| Filing 79 NOTICE of Appearance by Katherine S. Kayatta on behalf of Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc. (Kayatta, Katherine) |
| Filing 78 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #77 Motion for Modification of Scheduling Order Deadlines. Defendants' expert disclosures due by 7/11/14. Defendants' experts deposed by 8/29/14. Rebuttal expert disclosures by 8/29/14. (Hourihan, Lisa) |
| Filing 77 Joint MOTION to Modify Deadlines in Scheduling Order Without Change to Deadline for Filing of Class Certification Motion by Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 76 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #75 Motion for Leave to Appear Pro Hac Vice Added Melissa W. Wolchansky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 75 MOTION for Leave to Appear Pro Hac Vice for admission of Melissa W. Wolchansky Filing fee: $ 100, receipt number 0101-4933846 by Anthony D Pagliaroni. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Miller, Matthew) |
| Filing 74 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #73 Motion for Leave to Appear Pro Hac Vice Added William H. Anderson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 73 MOTION for Leave to Appear Pro Hac Vice for admission of William H. Anderson Filing fee: $ 100, receipt number 0101-4873593 by Anthony D Pagliaroni. (Attachments: #1 Text of Proposed Order, #2 Declaration of William H. Anderson)(Miller, Matthew) |
| Filing 72 Judge Denise J. Casper: ORDER entered. re #66 Joint MOTION to Modify Scheduling Order (Dkt. 58) filed by John Costello, Deceuninck North America, LLC, Vicki O'Brien, Mastic Home Exteriors, Inc., Anthony D Pagliaroni, Catherine Lynch (Maynard, Timothy) |
| Filing 70 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #68 Motion for Leave to Appear Pro Hac Vice Added Brenda Thompson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 69 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #67 Motion for Leave to Appear Pro Hac Vice Added Bonnie Prober. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 71 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 1/6/2014. Counsel report on the status of the case. Court grants #66 Motion for Modification of the Scheduling Order and approves Order; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Shawn Wanta for the plaintiff. Donald Frederico, Gavin McCarthy, Brian Troyer, and William Hubbard for the defendants.) (Hourihan, Lisa) |
| Filing 68 MOTION for Leave to Appear Pro Hac Vice for admission of Brendan Thompson Filing fee: $ 100, receipt number 0101-4798452 by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Affidavit Affidavit of Brendan Thompson)(Miller, Matthew) |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice for admission of Bonnie Prober Filing fee: $ 100, receipt number 0101-4798380 by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Affidavit Affidavit of Bonnie Prober)(Miller, Matthew) |
| Filing 66 Joint MOTION to Modify Scheduling Order (Dkt. 58) by John Costello, Deceuninck North America, LLC, Catherine Lynch, Mastic Home Exteriors, Inc., Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Proposed order)(Wanta, Shawn) |
| Filing 65 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #59 Motion to Compel. Plaintiff's motion to compel production of communications between the co-defendants "relating to this litigation" including any contracts or agreements regarding same and any documents concerning "any decisions to enter into a joint defense contract relating to this litigation" is DENIED.This motion does not seek documents regarding all correspondence and communications or contracts between the co-defendants during the course of their contractual relationship and Defendant Deceuninck North America, LLC ("DNA") represents that such production is complete, D. 63 at 4. Such documents would be relevant to Plaintiff's claims against the Defendants. It is not clear from Plaintiffs motion papers how the documents sought in this motion concern discovery relevant to its claims (or that the document requests are reasonably calculated to lead to the discovery of admissible evidence) pursuant to Fed. R. Civ. P. 26(b)(1). Moreover, even if these documents were otherwise discoverable under Rule 26(b)(1), Plaintiff has not shown, inter alia, a "substantial need" for these documents where the document requests, at best, seek post-filing assessments about Plaintiff's claims by the Defendants and any joint defense agreement regarding same.However, even assuming such documents were relevant to Plaintiff's claims or defenses, it does not appear that the documents soughti.e., relating to communications about defense of this case, any joint defense agreement or the decision to enter into such agreement--fall outside of the attorney work product exemption from discovery. See Generac Power Sys., Inc. v. Kohler Co., No. 11-cv-1120-JPS, 2012 WL 5463913, at *2 (E.D. Wis. Nov. 8, 2013) and cases cited. Moreover, it appears that the Defendants, both named by Plaintiffs and subject to reciprocal indemnification obligations under the Sales and Distribution Agreement, have a common interest in defending this litigation such that any attorney-client privilege was not waived by exchange of the documents and communications relating to this litigation that Plaintiff now moves to compel. See Hanover Ins. Co. v. Rapo & Jepsen Ins. Servs., 449 Mass. 609, 618 (2007); see also Haines v. Liggett Grp., Inc., 975 F.2d 81, 94 (3rd Cir. 1992).That being said, the identities of the parties that have entered into a joint defense agreement is relevant (and not privileged). See Ford Motor Co. v. Edgewood Props., Inc., 257 F.R.D. 418, 429 (D.N.J. 2009) (noting that the moving party "has a right to know which parties are maintaining a common defense against it"). Accordingly, the motion to compel is DENIED, but to the extent the Defendants have not otherwise done so (in a privilege log or otherwise), they shall disclose and confirm to Plaintiff whether they have entered into a joint defense agreement relating to this litigation and when they did so. Such disclosure shall be made on or before October 28, 2013. (Hourihan, Lisa) |
| Filing 64 RESPONSE to Motion re #59 MOTION to Compel Defendant Deceuninck North America, LLC's Production of Documents filed by Mastic Home Exteriors, Inc.. (McCarthy, Gavin) |
| Filing 63 MEMORANDUM in Opposition re #59 MOTION to Compel Defendant Deceuninck North America, LLC's Production of Documents filed by Deceuninck North America, LLC. (Attachments: #1 Exhibit A - email correspondence)(Troyer, Brian) |
| Filing 62 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #61 Motion for Extension of Time to File Response/Reply re #59 MOTION to Compel Defendant Deceuninck North America, LLC's Production of Documents Responses due by 8/21/2013 (Hourihan, Lisa) |
| Filing 61 MOTION for Extension of Time to 8/21/13 to File Response/Reply as to #59 MOTION to Compel Defendant Deceuninck North America, LLC's Production of Documents by Deceuninck North America, LLC.(Hubbard, William) |
| Filing 60 MEMORANDUM in Support re #59 MOTION to Compel Defendant Deceuninck North America, LLC's Production of Documents filed by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 59 MOTION to Compel Defendant Deceuninck North America, LLC's Production of Documents by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Text of Proposed Order)(Wanta, Shawn) (Attachment 1 replaced on 8/5/2013) (Maynard, Timothy). |
| Filing 58 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #56 Motion for Extension of Time. Class Certification and Merits Discovery due by 1/3/14. Plaintiff's expert disclosures due by 3/3/14 and experts deposed by 6/2/14. Defendants' expert disclosures due by 6/2/14 and experts deposed by 8/1/14. Rebuttal expert disclosures due by 8/1/14. Class Certification Motions due by 9/15/14. Status Conference set for 1/6/2014 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 57 ANSWER to #53 Amended Complaint by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 56 Joint MOTION for Extension of Time for Extension of Scheduling Order by John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni. (Attachments: #1 Proposed Order)(Wanta, Shawn) |
| Filing 55 Defendant's ANSWER to #53 Amended Complaint with Certificate of Service by Mastic Home Exteriors, Inc..(Isley, Kate) |
| Filing 54 NOTICE of Voluntary Dismissal by Melisa Burnett (Wanta, Shawn) |
| Filing 53 AMENDED COMPLAINT against Mastic Home Exteriors, Inc., Deceuninck North America, LLC, filed by Melisa Burnett, John Costello, Catherine Lynch, Vicki O'Brien, Anthony D Pagliaroni.(Maynard, Timothy) |
| Filing 52 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #47 Motion to Intervene (Hourihan, Lisa) |
| Filing 51 Judge Denise J. Casper: ORDER entered. PROTECTIVE ORDER (Attachments: #1 Exhibit A, #2 Exhibit B)(Maynard, Timothy) |
| Filing 50 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #49 Motion for Protective Order (Maynard, Timothy) |
| Filing 49 Joint MOTION for Protective Order with certificate of service by Deceuninck North America, LLC, Mastic Home Exteriors, Inc., Anthony D Pagliaroni. (Attachments: #1 Exhibit 1)(Wanta, Shawn) |
| Filing 48 MEMORANDUM in Support re #47 MOTION to Intervene Unopposed Motion to Intervene filed by Anthony D Pagliaroni. (Wanta, Shawn) |
| Filing 47 MOTION to Intervene Unopposed Motion to Intervene by Anthony D Pagliaroni. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Wanta, Shawn) |
| Filing 46 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #42 Motion for Leave to Appear Pro Hac Vice Added William J. Hubbard. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 45 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #41 Motion for Leave to Appear Pro Hac Vice Added Matthew D. Ridings. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 44 NOTICE of Voluntary Dismissal by Mastic Home Exteriors, Inc. Cross-Claim Against Deceuninck North America, LLC (Frederico, Donald) |
| Filing 43 NOTICE of Voluntary Dismissal by Deceuninck North America, LLC Cross-Claim Against Mastic Home Exteriors, Inc. (Troyer, Brian) |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice for admission of William J. Hubbard Filing fee: $ 100, receipt number 0101-4235891 by Deceuninck North America, LLC. (Attachments: #1 Declaration of William Hubbard)(Wilson, David) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew D. Ridings Filing fee: $ 100, receipt number 0101-4235844 by Deceuninck North America, LLC. (Attachments: #1 Declaration of Matthew Ridings)(Wilson, David) |
| Filing 40 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #39 Motion for Extension of Time to Answer re #26 Crossclaim Deceuninck North America, LLC answer due 12/9/2012; Mastic Home Exteriors, Inc. answer due 12/9/2012. (Maynard, Timothy) |
| Filing 39 Joint MOTION for Extension of Time to December 9, 2012 to File Answer and Respond to the other's crossclaim by Deceuninck North America, LLC, Mastic Home Exteriors, Inc..(Troyer, Brian) |
| Filing 38 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #36 Motion for Extension of Time to November 9, 2012 to Respond to Cross-Claim of Mastic Home Exteriors, Inc; (Hourihan, Lisa) |
| Filing 37 ANSWER to Crossclaim of Defendant Deceuninck North American, LLC, CROSSCLAIM against Mastic Home Exteriors, Inc. by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 36 MOTION for Extension of Time to November 9, 2012 to Respond to Cross-Claim of Mastic Home Exteriors, Inc. , MOTION for Extension of Time to November 9, 2012 to File Response/Reply ( Responses due by 10/30/2012) by Deceuninck North America, LLC.(Troyer, Brian) |
| Filing 35 NOTICE of Appearance by Brian A. Troyer on behalf of Deceuninck North America, LLC (Troyer, Brian) |
| Filing 34 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #29 Motion for Leave to Appear Pro Hac Vice Added Brian A. Troyer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 33 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #19 Motion for Leave to Appear Pro Hac Vice Added Clayton D. Halunen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 32 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #30 Motion for Extension of Time to Answer re #24 Amended Complaint Deceuninck North America, LLC answer due 10/22/2012. (Maynard, Timothy) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT by Deceuninck North America, LLC identifying Other Affiliate Deceuninck BV, a publicly held, Belgian limited liability company for Deceuninck North America, LLC.. (Wilson, David) |
| Filing 30 Assented to MOTION for Extension of Time to October 22, 2012 to File Answer re #24 Amended Complaint by Deceuninck North America, LLC.(Wilson, David) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice for admission of Brian A. Troyer Filing fee: $ 100, receipt number 0101-4125508 by Deceuninck North America, LLC.(Wilson, David) (Additional attachment(s) added on 9/27/2012: #1 Declaration of Brian Troyer) (Maynard, Timothy). |
| Filing 28 NOTICE of Appearance by David A. Wilson on behalf of Deceuninck North America, LLC (Wilson, David) |
| Filing 27 Corrected ANSWER to #24 Amended Complaint , CROSSCLAIM against Deceuninck North America, LLC by Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 26 ANSWER to #24 Amended Complaint , CROSSCLAIM against Deceuninck North America, LLC by Mastic Home Exteriors, Inc..(Frederico, Donald) |
| Filing 25 Summons Issued as to Deceuninck North America, LLC, Mastic Home Exteriors, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy) |
| Filing 24 AMENDED COMPLAINT against Mastic Home Exteriors, Inc., filed by Anthony D Pagliaroni.(Wanta, Shawn) |
| Filing 23 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #22 Motion for Protective Order (Maynard, Timothy) |
| Filing 22 Joint MOTION for Protective Order with certificate of service by Mastic Home Exteriors, Inc., Anthony D Pagliaroni, Ply Gem Holdings, Inc.. (Attachments: #1 Exhibit Exhibit 1 (Proposed Stipulated Protective Order))(Isley, Kate) |
| Filing 21 NOTICE of Appearance by Kate R. Isley on behalf of Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc. (Isley, Kate) |
| Filing 20 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 6/18/2012. Initial disclosures due by 8/15/12. Amended Pleadings due by 10/1/2012. Class certificaiton and merits discovery to be completed by 7/1/2013. Plaintiff's expert disclosures due by 9/1/13 and experts deposed by 12/1/13. Defendants' expert disclosures due by 12/1/13 and deposed by 2/1/14. Rebuttal expert disclosures due by 2/1/14. Class certification motions due by 3/15/2014. Status Conference set for 7/8/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Catherine Handel at 617-261-0555.)(Attorneys present: Charles Schaffer for the plaintiff. Donald Frederico and Gavin McCarthy for the defendants.) (Hourihan, Lisa) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of Clayton D. Halunen Filing fee: $ 100, receipt number 0101-3992673 by Anthony D Pagliaroni. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Text of Proposed Order)(Miller, Matthew) |
| Filing 18 ELECTRONIC NOTICE OF RESCHEDULING NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at #http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. Scheduling Conference set for 6/18/2012 04:15 PM in Courtroom 11 before Judge Denise J. Casper. (Maynard, Timothy) |
| Filing 17 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added Rober K. Shelquist. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 16 CERTIFICATION pursuant to Local Rule 16.1 . (Wanta, Shawn) |
| Filing 15 JOINT STATEMENT of counsel . (Wanta, Shawn) |
| Filing 14 CERTIFICATION pursuant to Local Rule 16.1 . (McCarthy, Gavin) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc. identifying Corporate Parent Ply Gem Holdings, Inc., Corporate Parent Ply Gem Prime Holdings, Inc. for Ply Gem Holdings, Inc.; Corporate Parent Ply Gem Industries, Inc., Corporate Parent Ply Gem Prime Holdings, Inc. for Mastic Home Exteriors, Inc... (McCarthy, Gavin) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Robert K. Shelquist Filing fee: $ 100, receipt number 0101-3960520 by Anthony D Pagliaroni. (Attachments: #1 Affidavit Affidavit of Robert K. Shelquist, #2 Text of Proposed Order Proposed Order)(Miller, Matthew) |
| Filing 11 Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) |
| Filing 10 NOTICE of Scheduling Conference Scheduling Conference set for 6/18/2012 03:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand by Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc..(McCarthy, Gavin) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Anthony D Pagliaroni. Mastic Home Exteriors, Inc. waiver sent on 3/19/2012, answer due 5/18/2012. (Wanta, Shawn) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Anthony D Pagliaroni. Ply Gem Holdings, Inc. waiver sent on 3/19/2012, answer due 5/18/2012. (Wanta, Shawn) |
| Judge Denise J. Casper: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Shawn J. Wanta. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Judge Denise J. Casper: ELECTRONIC ORDER entered granting #3 Motion for Leave to Appear Pro Hac Vice Added Charles E. Schaffer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) |
| Filing 6 NOTICE of Appearance by Gavin G. McCarthy on behalf of Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc. (McCarthy, Gavin) |
| Filing 5 NOTICE of Appearance by Donald R. Frederico on behalf of Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc. (Frederico, Donald) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Charles E. Schaffer Filing fee: $ 50, receipt number 0101-3811952 by Anthony D Pagliaroni. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Miller, Matthew) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice for admission of Shawn J. Wanta Filing fee: $ 50, receipt number 0101-3811804 by Anthony D Pagliaroni. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Miller, Matthew) |
| Filing 2 Summons Issued as to Mastic Home Exteriors, Inc., Ply Gem Holdings, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Paine, Matthew) |
| ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-3780071 (Fee Status: Filing Fee paid), filed by Anthony D Pagliaroni. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Miller, Matthew) (Attachment 1 replaced on 1/30/2012) (Paine, Matthew). (Attachment 2 replaced on 1/30/2012) (Paine, Matthew). |
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