DAVID A. BIRDSELL v. THE EUCLID CHEMICAL COMPANY et al
| DAVID A. BIRDSELL |
| Saint-Gobain Corporation, Master Builders Solutions Admixtures US, LLC, GCP Applied Technologies Inc., RPM International Inc., Cinven, Inc., Chryso, Inc., Sika AG, Does 1 -10, Master Builders Solutions Deutschland GmbH, Cinven Ltd., The Euclid Chemical Company, Sika Corporation and Compagnie De Saint-Gobain S.A. |
| 1:2024cv03817 |
| May 17, 2024 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER FOR PRO HAC VICE ADMISSION OF MINDEE J. REUBEN in case 1:23-cv-10875-LJL; granting (127) Motion for Mindee J. Reuben to Appear Pro Hac Vice in case 1:24-md-03097-LJL. (Signed by Judge Lewis J. Liman on 7/11/2024) Filed In Associated Cases: 1:24-md-03097-LJL et al. (ks)
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Filing 23
ORDER ON MOTION FOR LEAVE TO WITHDRAW AS COUNSEL in case 1:23-cv-10875-LJL; granting (124) Motion to Withdraw as Attorney. Attorney Julian Newton Weiss terminated in case 1:24-md-03097-LJL. The Court, having considered the Motion to Withdraw Julian Newton Weiss as counsel of record for Defendant Sika Corporation and accompanying declaration, GRANTS the Motion. IT IS HEREBY ORDERED that Mr. Weiss is withdrawn as counsel of record, that his appearance is deemed withdrawn as of the date of this order, and that his email address be removed from the Court's CM/ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Defendant Sika Corporation.. (Signed by Judge Lewis J. Liman on 7/11/2024) Filed In Associated Cases: 1:24-md-03097-LJL et al. (ks)
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Filing 22
ORDER ON MOTION FOR LEAVE TO WITHDRAW AS COUNSEL in case 1:23-cv-10875-LJL; granting (123) Motion to Withdraw as Attorney. The Court, having considered the Motion to Withdraw Jeremy Heep as counsel of record for Defendants Sika Corporation and Sika AG and accompanying declaration, GRANTS the Motion. IT IS HEREBY ORDERED that Mr. Heep is withdrawn as counsel of record, that his appearance is deemed withdrawn as of the date of this order, and that his email address be removed from the Courts CM/ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Defendants Sika Corporation and Sika AG.. (Signed by Judge Lewis J. Liman on 7/11/2024) Attorney Jeremy Heep terminated in case 1:24-md-03097-LJL Filed In Associated Cases: 1:24-md-03097-LJL et al. (ks)
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Filing 21
ORDER GRANTING THE HAUSFELD GROUP'S MOTION TO APPOINT INTERIM CLASS COUNSEL FOR THE DIRECT PURCHASER PLAINTIFFS granting (117) Motion to Appoint Counsel in case 1:24-md-03097-LJL. it is hereby ORDERED: The Motion by the Hausfeld Group is GRANTED. The Court appoints Hausfeld LLP as Interim Lead Class Counsel for the putative Direct Purchaser Plaintiff ("DPP") class, and Berger Montague PC, Gustafson Gluek PLLC, and the Roberts Law Firm U.S., PC as the Executive Committee for the putative DPP class (the "Hausfeld Group"). As further set forth in this order. All discovery, motions or other pleadings, notices, and correspondence concerning the putative DPP class shall be served on Hausfeld and any additional designees it may identify. IT IS SO ORDERED.. (Signed by Judge Lewis J. Liman on 7/9/2024) Filed In Associated Cases: 1:24-md-03097-LJL et al. (ks)
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| Filing 20 NOTICE OF APPEARANCE by Roger L Ediger on behalf of DAVID A. BIRDSELL. (Attachments: #1 Exhibit Certificate of Service)Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL.(Ediger, Roger) |
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Filing 19
ORDER granting (108) Motion for Roger L. Ediger to Appear Pro Hac Vice in case 1:24-md-03097-LJL; granting (14) Motion for Roger L. Ediger to Appear Pro Hac Vice in case 1:24-cv-03817-LJL (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL (mpk)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (12 in 1:24-cv-03806-LJL, 120 in 1:24-md-03097-LJL, 24 in 1:24-cv-03236-LJL, 86 in 1:24-cv-03033-LJL, 88 in 1:24-cv-03056-LJL, 67 in 1:24-cv-03246-LJL, 18 in 1:24-cv-03817-LJL, 37 in 1:24-cv-03255-LJL, 74 in 1:24-cv-03045-LJL) Proposed Order was reviewed and approved as to form. Filed In Associated Cases: 1:24-md-03097-LJL et al.(km) |
| Filing 18 PROPOSED ORDER. Document filed by M&D Peterson, LLC, KEYSTONE CONCRETE BLOCK & SUPPLY CO. INC.. Related Document Number: 117 ..(Kenney, Jeannine) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 17 DECLARATION of Jeannine M. Kenney in Support re: (85 in 1:24-cv-03056-LJL, 83 in 1:24-cv-03033-LJL, 21 in 1:24-cv-03236-LJL, 34 in 1:24-cv-03255-LJL, 117 in 1:24-md-03097-LJL, 15 in 1:24-cv-03817-LJL, 64 in 1:24-cv-03246-LJL, 71 in 1:24-cv-03045-LJL, 9 in 1:24-cv-03806-LJL) MOTION to Appoint Counsel Notice of Hausfeld Group's Motion to Appoint Interim Class Counsel for the Direct Purchaser Plaintiffs.. Document filed by M&D Peterson, LLC, KEYSTONE CONCRETE BLOCK & SUPPLY CO. INC.. (Attachments: #1 Exhibit A - Hausfeld LLP Firm Resume, #2 Exhibit B - Berger Montague PC Firm Resume, #3 Exhibit C - Gustafson Gluek PLLC Firm Resume, #4 Exhibit D - Roberts Law Firm Resume)Filed In Associated Cases: 1:24-md-03097-LJL et al..(Kenney, Jeannine) |
| Filing 16 MEMORANDUM OF LAW in Support re: (85 in 1:24-cv-03056-LJL, 83 in 1:24-cv-03033-LJL, 21 in 1:24-cv-03236-LJL, 34 in 1:24-cv-03255-LJL, 117 in 1:24-md-03097-LJL, 15 in 1:24-cv-03817-LJL, 64 in 1:24-cv-03246-LJL, 71 in 1:24-cv-03045-LJL, 9 in 1:24-cv-03806-LJL) MOTION to Appoint Counsel Notice of Hausfeld Group's Motion to Appoint Interim Class Counsel for the Direct Purchaser Plaintiffs. . Document filed by M&D Peterson, LLC, KEYSTONE CONCRETE BLOCK & SUPPLY CO. INC.. Filed In Associated Cases: 1:24-md-03097-LJL et al..(Kenney, Jeannine) |
| Filing 15 MOTION to Appoint Counsel Notice of Hausfeld Group's Motion to Appoint Interim Class Counsel for the Direct Purchaser Plaintiffs. Document filed by M&D Peterson, LLC, KEYSTONE CONCRETE BLOCK & SUPPLY CO. INC..Filed In Associated Cases: 1:24-md-03097-LJL et al..(Kenney, Jeannine) |
| Filing 14 MOTION for Roger L. Ediger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DAVID A. BIRDSELL. (Attachments: #1 Affidavit Affidavit of Roger L. Ediger, #2 Exhibit Oklahoma Certificate of Good Standing, #3 Proposed Order Proposed Order Pro Hac for Roger L. Ediger)Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL.(Ediger, Roger) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Roger L. Ediger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-29515253. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DAVID A. BIRDSELL. (Attachments: #1 Exhibit Oklahoma Certificate of Good Standing for Roger L Ediger, #2 Affidavit Affidavit of Roger L. Ediger, #3 Proposed Order Proposed Order Pro Hac for Roger L. Ediger)Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL.(Ediger, Roger) Modified on 6/21/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (13 in 1:24-cv-03817-LJL) MOTION for Roger L. Ediger to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29515253 Motion and supporting papers to be reviewed by Clerk's Office staff., (13 in 1:24-md-03097-LJL) MOTION for Michael J. Flannery to Appear Pro Hac Vice Filing fee $ 200.00, receipt number NYSDC-29302209. Motion and supporting papers to be reviewed by Clerk's Office staff The filing is deficient for the following reason(s): missing Certificate of Good Standing from State Bar of Oklahoma;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL(rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Roger L. Ediger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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Filing 12
JOINT CASE MANAGEMENT ORDER NO. 1: It is hereby ORDERED that the following interim deadlines shall apply in the above-captioned matter: Motions due by 6/24/2024. Responses due by 7/8/2024 Replies due by 7/15/2024. Telephone Conference set for 11/25/2024 at 11:00 AM before Judge Lewis J. Liman. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS SO ORDERED (Signed by Judge Lewis J. Liman on 6/20/2024) Filed In Associated Cases: 1:24-md-03097-LJL et al. (ks)
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| Filing 11 NOTICE OF APPEARANCE by Larry D Lahman on behalf of DAVID A. BIRDSELL. (Attachments: #1 Exhibit Certificate of Service)Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL.(Lahman, Larry) |
| Filing 10 PROPOSED SCHEDULING ORDER. Document filed by KEYSTONE CONCRETE BLOCK & SUPPLY CO. INC., Keystone Concrete Block & Supply Co. Inc., M&D Peterson, LLC..(Kenney, Jeannine) |
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Filing 9
ORDER granting (100) Motion for LARRY D. LAHMAN to Appear Pro Hac Vice in case 1:24-md-03097-LJL; granting (8) Motion for LARRY D. LAHMAN to Appear Pro Hac Vice in case 1:24-cv-03817-LJL (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL (mpk)
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| Filing 8 MOTION for LARRY D. LAHMAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-29499946. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DAVID A. BIRDSELL. (Attachments: #1 Exhibit Oklahoma Certificate of Good Standing, #2 Affidavit Affidavit of Larry D. Lahman, #3 Proposed Order Proposed Order)Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL.(Lahman, Larry) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (8 in 1:24-cv-03817-LJL, 100 in 1:24-md-03097-LJL) MOTION for LARRY D. LAHMAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29499946. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:24-md-03097-LJL, 1:24-cv-03817-LJL(bc) |
| Filing 7 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/30/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:24-md-03097-LJL et al..(McGuirk, Kelly) |
| Filing 6 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/30/2024 before Judge Lewis J. Liman. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/16/2024.Filed In Associated Cases: 1:24-md-03097-LJL et al..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 5/30/2024. Counsel for Plaintiffs present. Counsel for Defendants present. Court reporter present. Associated Cases: 1:24-md-03097-LJL et al.(mf) |
| Filing 5 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Eastern; Case Number: 2:24-cv-01726. Original file certified copy of transfer order and docket entries received. |
| CONSOLIDATED MDL CASE: Create association to 1:24-md-03097-LJL.. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:24-md-03097-LJL. Notice of Assignment to follow. (vba) |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| Filing 4 Certified Copy of Conditional Transfer Order (CTO-2). Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under U.S.C. 1407 to the Southern District of New York for the reasons stated in the order of April 12, 2024, and, with the consent of that court, assigned to the Honorable Lewis J. Liman. (mbh) [Transferred from Pennsylvania Eastern on 5/17/2024.] |
| CASE TRANSFERRED TO THE USDC FOR THE SOUTHERN DISTRICT OF NEW YORK. (mbh) [Transferred from Pennsylvania Eastern on 5/17/2024.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 by DAVID A. BIRDSELL.(DEVER, GERARD) [Transferred from Pennsylvania Eastern on 5/17/2024.] |
| Filing 2 Summons Issued as to CHRYSO, INC., CINVEN LTD., CINVEN, INC., COMPAGNIE DE SAINT-GOBAIN S.A., GCP APPLIED TECHNOLOGIES, INC., MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC, MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH, RPM INTERNATIONAL INC, SAINT-GOBAIN CORPORATION, SIKA AG, SIKA CORPORATION and THE EUCLID CHEMICAL COMPANY. Forwarded To: counsel on 4/25/24. (mbh) [Transferred from Pennsylvania Eastern on 5/17/2024.] |
| Filing 1 COMPLAINT against DAVID A. BIRDSELL ( Filing fee $ 405 receipt number APAEDC-17421968.), filed by DAVID A. BIRDSELL. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Designation Form Designation Form)(DEVER, GERARD) [Transferred from Pennsylvania Eastern on 5/17/2024.] |
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